CRIMINAL PROCEDURE NOTES COMPILED

UNIVERSITY OF SAN CARLOS COLLEGE OF LAW

COURSE OUTLINE
I. INTRODUCTION
1. Criminal Procedre de!ned
". Criminal# Ci$il Ac%ion& and S'ecial Proceedin(& di&%in(i&)ed
*. Sorce& o+ Criminal Procedre
,. Con&%i%%ional Pro$i&ion& Rela%ed To Criminal Procedre
-. T)e Criminal .&%ice S/&%em
II. STAGES IN T0E LIFE OF A CRI1INAL ACTION
III. RULES IN T0E FIRST LEVEL COURTS 2Rle 1"*3 AND RULE ON
SU11ARY PROCEDURE
I. INTRODUCTION
1. Major divisions in law:
a) Substantive law a part of law which creates, defines or regulates
rights concerning life, liberty or property, or the powers of
agencies or instrumentalities for the administration of public
affairs. !rimicias vs. "campo #$ "% &&'()
b) !rocedural)*djective)+emedial ,aw prescribes the method of
enforcing rights or obtaining redress for their violation. -ustos v.
,ucero .1 !hil. /#(,/0()
&) Sources of remedial law:
a) 1he 2onstitution
b) ,aws creating the judiciary
c) ,aws defining and allocating jurisdiction to different courts
d) +ules promulgated by the S2
e) circulars, administrative orders, internal rules and S2 decisions
') Scope of +emedial ,aw:
a) 2onstitution
b) 2ivil !rocedure +ules 1 to 0/ and other related laws)3
c) !rovisional +emedies +ules 04 to /1)3
d) Special 2ivil *ctions +ules /& to 41)
e) Special !roceedings +ules 4& to 1($)
f) 2riminal !rocedure +ules 11( to 1&4)
g) 5vidence +ules 1&. to 1'')
h) 6atarungang !ambarangay ,aw +* 41/() and 7mplementing
rules
i) +evised +ules on Summary !rocedure.
#) 2riminal !rocedure defined
7t is a method prescribed by law for the apprehension and prosecution
of persons accused of any criminal offense, and for their punishment,
in case of conviction. 2lar89s 2rim. !rocedure)
2riminal proceedings the phrase :in all criminal proceedings9
where the accused has the right to be heard by himself and counsel
*rt. 777, Sec. 1 14) 1$'0 2onstitution), means proceedings before
the trial court from arraignment to rendition of judgment. 1his
doctrine has become part of the law of the land under the 1$4'
2onstitution *rt. 7;. Sec. &(). !eople vs. <alanta, 11/1.=2+,
*ugust 1&, 1$4#)
0) Sources of 2riminal !rocedure
a) +ules 11( to 1&4 of the +ules of 2ourt which too8 effect on >an. 1,
1$4#. 1he rules were revised in 1$.0 and in turn amended on "ctober
1, 1$... "n "ctober ', &(((, the Supreme 2ourt in an en banc
resolution approved the revision which too8 effect on <ec. 1, &(((
*M ?o. ((=0=('=S2)
b) 1he 1$.4 2onstitution particularly the -ill of +ights *rt. 777)
c) ,aws passed by 2ongress li8e -! 1&$ as amended by +* 4/$13
+* .&#$, creating the Sandiganbayan3 +* .'#$, 1he Speedy 1rial
*ct of 1$$.
d) !<s li8e !< $11
e) 5@ecutive "rders
f) judicial decisions applying and interpreting our laws which form
part of our legal system.
/) <istinction between 2riminal ,aw and 2riminal !rocedure
2riminal law is substantive because it defines crimes, treats of their
nature and provides for their punishment.
2riminal !rocedure is remedial3 it provides for the method by which a
person is accused of a crime, arrested, tried and punished.
1he former declares what acts are punishable while the latter provides
the method of how the act is punished.
4.)Systems of 2riminal !rocedure
a) 7nAuisitorial when the prosecution of crimes is fully in the hands of
the prosecuting officer and the court3 procedure is characteriBed by
secrecy3 presence of accused before the magistrate is not a
reAuirement3 judgment does not become final until it has been ratified
and confirmed by the court of last resort CS vs Samio ' !hil /$1).
7n other words, the detection and prosecution of offenders are not left
to the initiative of private parties but to the officials and agents of the
law. +esort is made to secret inAuiry to discover the culprit and
violence and torture were often employed to e@tract a confession. 1he
>udge was not limited to the evidence brought before him but could
proceed with his own inAuiry which was not confrontative.
b) *ccusatorial when it reAuires that all crimes, e@cept private crimes,
which must be commenced by the complaint of the offended party,
be prosecuted by the public prosecutor, the accused has the right to be
present at any stage of the proceedings and to be heard personally or
by counsel3 trial is conducted publicly and the right of the accused
against self=incrimination is guaranteed3 accused enjoys presumption
of innocence which lasts until his guilt is proved beyond reasonable
doubt3 right to appeal is a characteristic feature, though the judgment
of the trial court does not reAuire the imprimatur of the court of last
resort before it may attain finality.
c) Mi@ed system, which is a commi@ture of both systems. 1his is our
system. 1hat the preliminary e@amination be conducted by the judge
before he issues a warrant of arrest3 that the prosecution is under the
control and supervision of the public prosecutor are features of the
inAuisitorial system. Dowever, the rights of the accused to be
presumed innocent3 to be present3 against self=incrimination, etc3 that
a judgment of the trial court can be final without any imprimatur from
the Supreme 2ourt are features of the accusatorial system.
1his is a combination of the inAuisitorial and the accusatorial
systems. 1hus, the e@amination of defendants and other persons
before the filing of the complaint or information may be inAuisitorial
!eople vs. !adilla, #. !hil. 41.). 1his is particularly true in the
preliminary e@amination for the purpose of issuing a warrant of
arrest. Cnder the 1$.0 +ules on 2riminal !rocedure, a criminal action
may be instituted by complaint of the offended party or by
information filed by the Eiscal and once the criminal action is filed in
court, the accused has the right to confront and cross=e@amine his
accuser. 7t has, however, been held that :
:*s a general rule, a court proceeding in our judicial set=up is
accusatorial or adversary and not inAuisitorial in nature. 7t
contemplates two contending parties before the court which hears
them impartially and renders judgment only after trial.9 Fuesto vs.
2atolico, '1S2+* 0& G1$4(H).
.) 2onstruction of the +ules
*s provided for in Sec. / +ule 1 :1hese +ules shall be liberally
construed in order to promote their objective of securing a just,
speedy, and ine@pensive disposition of every action and proceeding.9
$) +etroactive *pplication
*lthough the crime was committed before the effectivity of the
+evised +ules of 2riminal !rocedure, the said rule should be applied
retroactively as it is favourable to the appellant. !eople vs. *ntonio
+eyes, %+ ?o. 10'11$, *pril 1', &((#, citing !eople vs. 5scote, %+
?o. 1#(40/, *pril #, &((')
1() !ublic and !rivate 2rimes <istinguished
1he vital and essential distinction is the control which in private
crimes the injured person has over the criminal liability and the
responsibility of the offending person. CS vs. DernandeB, 1# !hil.
/#()
11) 2onstitutional !rovisions +elative to 2riminal !rocedure
a) <ue !rocess of ,aw and 5Aual !rotection of ,aws Sec. 1 *rt 777)
b) +ight *gainst Cnreasonable Searches and SeiBures Sec. & *rt. 777)
c) Miranda +ights Sec. 1& *rt. 777)
d) +ight 1o -ail Sec. 1', *rt. 777)
e) +ight 1o -e !resumed 7nnocent and to <ue !rocess of ,aw, etc.
Sec. 1#, *rt. 777)
f) +ight to Speedy 1rial Sec. 1/)
g) +ight *gainst Self=7ncrimination Sec. 14)
h) +ight *gainst <etention -y +eason of !olitical -eliefs and
*spirations Sec. 1.1)
i) +ight *gainst 7nvoluntary Servitude Sec. 1. G&H)
j) +ight *gainst 5@cessive Eine and 2ruel !unishment Sec. 1$)
8) +ight *gainst 7mprisonment for ?on=!ayment of <ebt Sec. &()
l) +ight *gainst <ouble >eopardy Sec. &1)
m) +ight *gainst 5@=!ost Eacto ,aw or -ill of *ttainder Sec. &&)
1&. 1D5 2+7M7?*, >CS1725 SIS15M
2oncept=
1he 2riminal >ustice System 2>S), essentially, is the system or
process in the community by which crimes are investigated, and the
persons suspected thereof are ta8en into custody, prosecuted in court,
and punished if found guilty, provision being made for their
correction and rehabilitation.
1he 2>S is only one of various systems operating in the community,
such as the political system, the educational system, the economic
system, etc.
Eive 2omponents of the 2riminal >ustice System 8nown as the five
pillars of the 2>S.
*. ,aw 5nforcement !rocess
1he law enforcers are the officers and men of the !?!, ?-7 and
other agencies. Jhen these law enforcers learn of crimes, or
discover them, their duty is to:
1.)7?;5S17%*15 1D5 2+7M5
*s earlier intimated, they may conduct surveillance, interview
persons with 8nowledge of facts directly or indirectly connected
with the offense, ta8e photographs surreptitiously or
otherwise), arrange for entrapment when feasible, search
premises and persons subject to constitutional and statutory
safeguards, e@amine public and other available records
pertaining to the persons involved and get copies of pertinent
entries, etc.
1he police officers, in other words, collect evidence for use in
the prosecution of the suspects in court. 1his may consist of:
a) 1he 15S17M"?I of witnesses including :invited9
suspects which are invariably ta8en down in Auestion=and=
answer form3
b) J+717?%S
c) "->521S: guns, 8nives, other weapons used in the
commission of the crime3 the clothing of the victim3 etc.
&.)*++5S1 suspects:
a) -y virtue of a warrant of arrest issued by a judge on the basis
of the evidence submitted to them3 or
b) Cnder circumstances justifying warrantless arrest.
'.)+5E5+ the case and the suspects to the office of the public
prosecutor or other authoriBed agencies for preliminary
investigation, or directly to the M12s for trial and judgment.
-. !rosecution !rocess
1he prosecution service, made up of the !rovincial and 2ity
!rosecutors, State !rosecutors, etc. 1hey:
1.)5;*,C*15 the police findings referred to them, or other
complaints filed directly with them by individual persons e.g.
private citiBens who are victims, or have 8nowledge of crimes3
government officers in charge of enforcement of the law violated)3
&.)E7,5 2"++5S!"?<7?% 7?E"+M*17"?S "+ 2+7M7?*,
2"M!,*7?1S in the proper courts on the basis of their evaluation
of the proofs at hand3 and
'.)!+"S52C15 the alleged offenders in court, in the name of the
!eople of the !hilippines.
*ttorneys in private practice should be deemed a part of this 2>S
component !rosecution). 1hey represent the parties complainant or
respondent) in proceedings before the !ublic !rosecutors. So also
public defenders such as members of the !*" and other legal aid
lawyers= should be considered part of this !rosecution component.
2. 1he >uducial !rocess
1he final determination of the innocence or guilt of persons
accused of crimes by the !rosecution 2omponent, is done by the
>udicial 2omponent the courts).
7n the conte@t of the 2riminal >ustice System, after a suspect has
gone through the !rosecution 2omponent, described in the
preceding discussion), he is sent to the proper 1rial 2ourt which
then passes upon his innocence or guilt. 7f the trial court finds that
his guilt has not been proven beyond reasonable doubt, or he is
innocent, he is acAuitted, and there is an end to the matter. 1he
accused returns to society, a free man. 7f the 2ourt, however, finds
that his guilt has been proven beyond reasonable doubt, it
sentences him to the corresponding penalty. 7f the judgment
becomes final the suspect is passed on to the ne@t component, the
!5?*, or 2"++5217"?*, component.
<. !enal or 2orrectional !rocess
!unishment the isolation of the convicts by imprisonment for the
periods laid down by the courts, or in e@treme cases, their
e@ecution b y the methods prescribed by law and correction and
rehabilitation, are functions underta8en by the institutions set up by
law, e.g.: the -ureau of >ail Management, the !arole and !robation
*dministration.
5. 1he 2ommunity
*fter the convicts have passed through the 2orrection 2omponent
either unconditionally as by full service of the imprisonment
imposed), or by parole or pardon they go bac8 to the
2"MMC?71I and either lead normal lives as law abiding citiBens
in their barangays, or, regrettably commit other crimes and thus go
bac8 through the same processes and stages of the 2>S.
1he community at large through the appropriate legislative
agencies, public and private educational institutions, parents and
guardians, churches, religious organiBations, civic associations, etc.
develops and e@acts conformity with acceptable moral and
ethical values, creates the environment for the development of
civic=spirited citiBens, and fosters respect for and observance of the
+ule of ,aw.
7n particular, members of the community having 8nowledge of
facts relevant to the investigation or prosecution of crimes, are
e@pected to cooperate with law enforcers and investigators, by
reporting crimes and giving evidence against the offenders.
*ttorneys in private practice, or pertaining to associations
committed to giving legal aid to indigent or otherwise deserving
individuals, should be rec8oned as part of the fifth component of
the 2>S, the community. 1hey participate directly or indirectly in
the 2>S3 they give advice to, or represent, persons involved in
criminal actions before the proper authorities.
1he 2ommunity 2omponent should also include government
institutions that play a role of the 2>S, such as the -ureau of !osts
which delivers court notices3 the 2ommission of 7mmigration K
<eportation which may prevent the departure of suspects from
the country3 the -ureau of 1elecommunications which transmits
communications by telephone, telegram, or radio3 the government
hospitals and medical centers which furnish e@perts who may
enlighten the courts on issues involving medical or other sciences,
etc. !rivate institutions and civic organiBations should also be
deemed part of, since they may also have roles to play in the 2>S.
II. STAGES IN THE LIFE OF A CRIMINAL ACTION AND THE
RULES OF CRIMINAL PROCEDURE
A. Pre'ara%or/ S%a(e&
1.3 Police In$e&%i(a%ion 2Warran%le&& Arre&% 4Sec. -# R 11*5
and Searc) and Sei6re 7i%) or 7i%)o% Warran% 4R 1"8539
".3 C&%odial In$e&%i(a%ion9
*.3 Preliminar/ In$e&%i(a%ion:In;e&% Proceedin(& 2Rle
11"3
<. .ri&dic%ion and Vene in Criminal Ca&e&
Re+erral To T)e <aran(a/ 2RA =18>39 and
C. Filin( O+ In+orma%ion:Com'lain% 2Rle 11>3
Pro&ec%ion o+ Ci$il Ac%ion 2Rle 1113
Pro$i&ional Remedie& 2Rle 1"=3
D. I&&ance o+ Warran% o+ Arre&% 2Sec. -# Rle 11"# Rle 11*3
1. W)en %o I&&e
". W)o ma/ i&&e
*. Ri()%& o+ Per&on& Arre&%ed
,. Con%en%& o+ Warran%
-. Im'lemen%a%ion
8. D%/ o+ Arre&%in( O?cer&
E. Proceedin(& A+%er I&&ance:Im'lemen%a%ion o+ Warran%
1. 1o%ion To S&'end Proceedin(& 2Sec&. 8 and = Rle 11139
". <ail 2Rle 11,3 9
*. @a&)al o+ Warran% 2Sec. "8# Rle 11,3
,. 1o%ion To Condc% Preliminar/ In$e&%i(a%ion and:or
Rein$e&%i(a%ion 2Sec.8 R 11"39
-. 1o%ion For Recon&idera%ion From Denial o+ 1o%ion +or
Rein$e&%i(a%ion9
8. Cer%iorari:Pro)iAi%ion nder Rle 8- In Ca&e O+ Denial o+
1R.
F. 1o%ion To @a&) In+orma%ion:Com'lain% 2Rle 11=3
1. Time To @a&)
". Amendmen%
*. W)en %o A$ail
,. Grond&
-. EBec% o+ Gran%
8. DoAle .eo'ard/
=. Pro$i&ional Di&mi&&al
G. Arrai(nmen% And Plea 2Rle 1183
1. 0o7 made
". S&'en&ion o+ Arrai(nmen%
*. Plea
,. Plea <ar(ainin(
-. Ri()%& o+ Acc&ed 2Rle 11-3
8. <ill o+ Par%iclar&
=. Prodc%ion and In&'ec%ion o+ E$idence
0. PreCTrial :Preliminar/ Con+erence 2Rle 11D3
1. Pr'o&e
". Re+erral %o 1edia%ion
*. PreCTrial A(reemen%
,. PreCTrial Order
-. Plea <ar(ainin(
I. Trial Pro'er
1. Ri()%& o+ %)e Acc&ed 2Rle 11-3
". 1o%ion To S&'end Proceedin(& <a&ed on PreCEdicial
@e&%ion 2Sec. 8# Rle 1113
a. Period %o File 1o%ion %o S&'end
A. De!ni%ion o+ PreEdicial @e&%ion
c. Elemen%& o+ PreCEdicial @e&%ion
*. Pre&en%a%ion o+ E$idence 2Rle 11F3
a. Order o+ Trial
A. Order o+ EGamina%ion o+ Wi%ne&&e&
c. Time To Pre'are +or Trial
d. S'eed/ Trial:Di&mi&&al +or Failre %o Pro&ec%e
,. Formal OBer o+ E$idence 2Sec&. *, and *- Rle 1*"3
-. Demrrer To E$idence 2Sec. "> R 11F3
8. 1emorandm:Oral Ar(men% 2Sec. 114d53
=. Deci&ion:.d(men% 2Rle 1">3
.. Proceedin(& A+%er .d(men%
1. 1o%ion For Recon&idera%ion:Ne7 Trial 2Rle 1"13
". Reo'enin( 2Sec. ", R 11F3
*. ProAa%ion 2PD F>D# a& amended3
,. A''eal 2Rle& 1""#1",#1"-#," and ,-3
H. EGec%ion o+ .d(men%
1. Criminal A&'ec%
". Ci$il A&'ec%
A. Preparatory Stages
* civil action is initiated by the filing of a complaint.
7n contrast to civil cases, there are two &) main preparatory or prefatory
stages in criminal actions. 1hese are activities conducted in preparation
for the initiation and prosecution of the case in court, or before a case is
filed in court.
1. !olice 7nvestigation
1his first stage pertains to activities of police or law enforcement
authorities3 the initial investigation of crimes reported to or discovered
by them. 1hese activities may ta8e the form of:
Surveillance and observation of suspects, other persons and premises3
1he ta8ing of photographs surreptitiously or otherwise)3
7nterview of persons with 8nowledge of facts directly or indirectly
connected with the offense including the suspects who consent to be
Auestioned) and the reduction of these personsL declarations into writing
usually in Auestion and answer form)3
1he entrapment of suspects when feasible which is a form of warrantless
arrest3
1he search of premises and persons, and seiBures of objects, subject to
constitutional and statutory safeguards3
1he e@amination of public and other available records pertaining to the
persons involved and collection of copies of pertinent entries3
1he arrest of suspects without warrant under the circumstances specified
by law3
11he interrogation of suspects in police custody, with meticulous
observance of the rights granted to them by the constitution.
Processes uner t!e po"#ce #n$est#gat#on stage an go$erne %y t!e
Ru"es o& Cr#'#na" Proceure(
J*++*?1,5SS *++5S1 Section 0, +ule 11'), S5*+2D *?<
S57MC+5 +ule 1&/)
*. S5*+2D *?< S57MC+5 +ule 1&/)
1.)%eneral rule and e@ception
%enerally, peace officers are not allowed to conduct search and seiBures
if they have no search warrant.See Sec. &, *rt. 777 of the 2onstitution)
1he constitutional proscription against unreasonable searches and
seiBures does not, of course, forestall reasonable searches and seiBures.
Jhat constitutes a reasonable or even an unreasonable search in any
particular case is purely a judicial Auestion, determinable from a
consideration of the circumstances involved. ;erily, the rule is, the
2onstitution bars State intrusions to a personLs body, personal effects or
residence e@cept if conducted by virtue of a valid search warrant issued
in compliance with the procedure outlined in the 2onstitution and
reiterated in the +ules of 2ourt3 otherwise such search and seiBure
become NunreasonableL within the meaning of the aforementioned
constitutional provision. !eople vs. 2hua Do San, '(. S2+* #'&, ##'
G1$$$H)
&.)Search warrant defined
F: Dow do you define a search warrantO
S5217"? 1. Search warrant defined. * search warrant is an order in
writing issued in the name of the !eople of the !hilippines, signed by a
judge and directed to a peace officer, commanding him to search for
personal property described therein and bring it before the court. 1)
1he purpose is to gather evidence.
Defnition and Elements of a Search Warrant
1. It is an order in writing,
2. Issued in the name of the People of the Philippines,
3. Signed ! a "udge, and
#. Directed to a peace o$cer commanding him to%
1. &earc) +or 'er&onal 'ro'er%/ de&criAed %)erein# and
". Arin( i% Ae+ore %)e cor%
Jhere is the application for a search warrant filedO
S52. &. 2ourt where application for search warrant shall be filed. *n
application for search warrant shall be filed with the following:
a) *ny court within whose territorial jurisdiction a crime was
committed.
b) Eor compelling reasons stated in the application, any court within the
judicial region where the crime was committed if the place of the
commission of the crime is 8nown, or any court within the judicial
region where the warrant shall be enforced.
Dowever, if the criminal action has already been filed, the application
shall only be made in the court where the criminal action is pending. n)
Where an &pplication for Search Warrant ma! e 'iled
1. (eneral )ule%
<e+ore an/ cor% 7i%)in 7)o&e %erri%orial Eri&dic%ion a crime
7a&
commi%%ed
2. E*ception + for compelling reasons stated in the
application, efore%
1. an/ cor% 7i%)in %)e Edicial re(ion 7)ere %)e crime 7a&
commi%%ed i+
%)e 'lace o+ %)e commi&&ion o+ %)e crime i& Ino7n# or
". an/ cor% 7i%)in %)e Edicial re(ion 7)ere %)e 7arran%
&)all Ae en+orced
3. ,ualifcation + if the criminal action has alread! een
fled%
%)e a''lica%ion &)all onl/ Ae made in %)e cor% 7)ere %)e
criminal ac%ion i&
'endin(
a.)*uthority to 7ssue Jarrant
1he authority to issue search warrants is inherent in all courts and may
be effected outside their territorial jurisdiction. 6enneth +oy Savage)6
*ngelin 5@port 1rading vs. 1aypin,. ''1 S2+* /$4, 4(& G&(((H3
Malaloan vs. 2*, &'& S2+* &#$ G1$$#H). 7t has been consistently ruled
that a search warrant is merely a process issued by the court in the
e@ercise of its ancillary jurisdiction and not a criminal action which it
may entertain pursuant to its original jurisdiction. ibid)
1. -on."udicial search warrants
Sala/ar 0. &chacoso
113 S2)& 1#3
4arch 1#, 1556
En 7anc% Sarmiento, 8.
Issue%
1a/ %)e Secre%ar/ o+ LaAor i&&e &earc) 7arran%& in ca&e& o+
ille(al recri%men% a& 'ro$ided nder Ar%. *D o+ %)e LaAor CodeJ
9eld%
No. T)e Secre%ar/ o+ LaAor# no% Aein( a Ed(e# ma/ no% i&&e
&earc) or arre&% 7arran%&. To %)a% eG%en%# Ar%. *D2c3# i&
ncon&%i%%ional and o+ no +orce and eBec%.
b.)!ower to Auash warrant
7nherent in the courtLs power to issue search warrants is the power to
Auash warrants already issued. *fter the judge has issued a warrant he is
not precluded to subseAuently Auash the same, if he finds upon re=
evaluation of the evidence that no probable cause e@ists. S8echers CS*,
7nc. vs. !acific 7ndustrial 1rdg. 2orp. %+ 1/#'&1 ?ov. '(, &((/)
Place of application
People 0. 2hiu
#2# S2)& :2
'eruar! 2:, 266#
Second Di0ision% 2alle"o, Sr., 8.
'acts%
T)e 'olice a''lied +or a Searc) Warran% +rom %)e EGec%i$e
.d(e o+ %)e RTC o+ Pa&a/ Ci%/ +or %)e &earc) o+ a re&idence in
@e6on Ci%/. In %)e cor&e o+ )i& de'o&i%ion# %)e a''lican% %old %)e
Ed(e %)a% %)e K&)aAL mi()% Ae mo$ed %o ano%)er 'lace# or %)a%
%)e &AEec% o+ %)e &earc) 7arran% mi()% (e% 7ind o+ %)e
a''lica%ion i+ i% i& made Ae+ore %)e cor% in @e6on Ci%/.
Issue%
I& %)ere com'ellin( rea&on +or %)e i&&ance o+ %)e &earc)
7arran% A/ %)e EGec%i$e .d(e o+ Pa&a/ Ci%/J
9eld%
Ye&. T)e de%ermina%ion o+ %)e eGi&%ence o+ com'ellin(
con&idera%ion& o+ r(enc/# and %)e &AEec%# %ime and 'lace
nece&&i%a%in( and E&%i+/in( %)e !lin( o+ an a''lica%ion +or a
&earc) 7arran% 7i%) a cor% o%)er %)an %)e cor% )a$in( %erri%orial
Eri&dic%ion o$er %)e 'lace %o Ae &earc)ed and %)in(& %o Ae &ei6ed
or 7)ere %)e ma%erial& are +ond i& addre&&ed %o %)e &ond
di&cre%ion o+ %)e %rial cor% 7)ere %)e a''lica%ion i& !led.
In %)i& ca&e# %)e 'olice !led %)e a''lica%ion +or a &earc)
7arran% 7i%) %)e Pa&a/ Ci%/ RTC in&%ead o+ %)e @e6on Ci%/ RTC
Aeca&e o+ %)e 'o&&iAili%/ %)a% %)e K&)aAL 7old Ae remo$ed A/
%)e acc&ed +rom "F Nor%) Road# CAao# @e6on Ci%/. A& &)o7n
A/ %)e e$idence# %)e acc&ed )ad a re&idence o%)er %)an "F Nor%)
Road 7)ere )e &old K&)aA.L T)ere 7a& al&o %)e 'er$adin(
concern o+ %)e 'olice o?cer& %)a% i+ %)e/ !led %)e a''lica%ion in
@e6on Ci%/ 7)ere %)e acc&ed 'lied )i& illici% ac%i$i%ie&# i% ma/
&ome)o7 come %o %)e Ino7led(e o+ acc&ed# %)&# renderin( %)e
en+orcemen% o+ an/ &earc) 7arran% %o Ae a &ele&& eBor%. T)e
Pa&a/ Ci%/ EGec%i$e .d(e did no% err in %aIin( co(ni6ance o+ and
(ran%in( %)e a''lica%ion +or a &earc) 7arran%.
2. 2ourt with power to issue
;enneth )o! 0. <a!pin
331 S2)& =5:
4a! 11, 2666
Second Di0ision% 7ellosillo, 8.
'acts%
U'on a''lica%ion A/ %)e N<I %)e RTC o+ CeA# <ranc) 1"#
ordered %)e &ei6re o+ &e$eral 'iece& o+ +rni%re +rom Ro/. T)e
oBen&e 7a& +or $iola%ion o+ Ar%. 1DF o+ %)e Re$i&ed Penal Code on
n+air com'e%i%ion in$ol$in( de&i(n 'a%en%&. T)e a''lica%ion al&o
did no% con%ain a cer%i!ca%e o+ nonC+orm &)o''in(.
Issue%
Doe& RTC# <ranc) 1"# )a$e %)e a%)ori%/ %o i&&e %)e 7arran%
con&iderin( %)a% i% 7a& no% de&i(na%ed a& a &'ecial cor% +or
In%ellec%al Pro'er%/ Ri()%&J
9eld%
Ye&. A &earc) 7arran% i& merel/ a 'roce&& i&&ed A/ %)e cor%
in %)e eGerci&e o+ i%& ancilliar/ Eri&dic%ion and no% a criminal
ac%ion 7)ic) i% ma/ en%er%ain 'r&an% %o i%& ori(inal Eri&dic%ion.
T)e a%)ori%/ %o i&&e &earc) 7arran%& i& in)eren% in all cor%& and
ma/ Ae eBec%ed o%&ide %)eir %erri%orial Eri&dic%ion. AO No. 11*C
F- merel/ &'eci!ed 7)ic) cor% cold %r/ and decide ca&e&
in$ol$in( in%ellec%al 'ro'er%/ ri()%&. I% did no% $e&% eGcl&i$e
Eri&dic%ion 7i%) re(ard %o all ma%%er& in an/ one cor%. .ri&dic%ion
i& con+erred 'on cor%& A/ &A&%an%i$e la7# no% A/ admini&%ra%i$e
order. Fr%)er# a cer%i!ca%e o+ nonC+orm &)o''in( i& no% re;ired
+or a''lica%ion&# onl/ +or ini%ia%or/ 'leadin(&.
c.)*pplication need not be certified
1he absence of a certificate of non=forum shopping in the application for
search warrant will not result in the dismissal of the application. 1he
+ules of 2ourt as amended reAuires such certification only from
initiatory pleadings, omitting any mention of NapplicationsL. 6enneth
+oy savage)6 *ngelin 5@port 1rading vs. 1aypin supra3 cf Jashington
<istillers, 7nc. vs. 2*, &/( S2+* .&1 G1$$/H)
.Jhat may be seiBedO
S52. '. !ersonal property to be seiBed. * search warrant may be
issued for the search and seiBure of personal property:
a) Subject of the offense3
b) Stolen or embeBBled and other proceeds, or fruits of the offense3 or
c) Csed or intended to be used as the means of committing an offense.
&a)
1a8e note that only personal property may be seiBed pursuant to a search
warrant. 2onnect this with Section #
)eturn of propert! sei/ed
People 0. Estrada
33# S2)& 3=5
8une 2=, 2666
Special Second Di0ision% >nares.Santiago, 8.
'acts%
.d(e E&%rada 're$io&l/ i&&ed a &earc) 7arran% +or
$iola%ion o+ R.A. D">*. A& a con&e;ence# -" AoGe& o+ dr(&
Aelie$ed %o Ae +aIe or nre(i&%ered 7ere &ei6ed. 0o7e$er# %)e
7arran% +ailed %o &a%i&+/ %)e con&%i%%ional re;iremen% o+
'ar%iclar de&cri'%ion o+ %)e 'lace %o Ae &earc)ed &o %)a% %)e
Ed(e ;a&)ed %)e 7arran%.
Issue%
Con&iderin( %)a% %)e dr(& 7ere +ond (enine# %)o()
ille(all/ im'or%ed# and 7ere &ei6ed nder a $oid 7arran%# m&%
%)e/ Ae re%rned %o %)eir o7nerJ
9eld%
No. E$en i+ %)e dr(& &ei6e 7ere (enine and e$en i+ %)e/
con%ain %)e 'ro'er c)emical& or in(redien%& +or %)eir 'rodc%ion# i+
%)e &eller )a& no 'ermi% +rom %)e 'ro'er (o$ernmen% a(enc/# %)e/
canno% Ae re%rned. T)e 'ar%/ &eeIin( %)e i&&ance o+ a 7arran%
)a& %)e Arden %o con$ince %)e Ed(e %)a% 'oAaAle ca&e eGi&%&
and %o 'rocre %)e nece&&ar/ e$idence %o &)o7 %)a% %)e 'ar%/
a(ain&% 7)om %)e 7arran% i& direc%ed i& no% dl/ a%)ori6ed A/
%)e <FAD. 0o7e$er# i+ %)ere i& an alle(a%ion %)a% %)e 'o&&e&&ion o+
%)e dr(& 7a& ille(al +or lacI o+ 'ermi%# %)e 'ar%/ &eeIin( %)e
re%rn o+ %)e 'ro'er%/ m&% &)o7 %)e corre&'ondin( 'ermi%. T)e
')armace%ical (eninene&& o+ %)e medicine& i& no% a &?cien%
E&%i!ca%ion %o demand i%& re%rn.
Jhat are the reAuisites for a valid search warrantO
S52. #. +eAuisites for issuing search warrant. * search warrant shall
not issue e@cept upon probable cause in connection with one specific
offense to be determined personally by the judge after e@amination
under oath or affirmation of the complainant and the witness he may
produce, and particularly describing the place to be searched and the
things to be seiBed which may be anywhere in the !hilippines. 'a)
S52. 0. 5@amination of complainant3 record. 1he judge must, before
issuing the warrant, personally e@amine in the form of searching
Auestions and answers, in writing and under oath, the complainant and
the witnesses he may produce on facts personally 8nown to them and
attach to the record their sworn statements, together with the affidavits
submitted. #a)
1.)1he reAuisites in applying for and issuance of a search warrant:
)e?uisites for Issuing a Search Warrant
1. <here must e an application in writing under oath,
2. <here must e proale cause%
1. %o Ae de%ermined A/ %)e Ed(e
". A+%er eGamina%ion nder oa%) or a?rma%ion o+ %)e
com'lainan% and %)e
7i%ne&&e& )e ma/ 'rodce
3. It can onl! e issued in connection with one specifc
o@ense,
#. It must particularl! descrie%
1. %)e 'lace %o Ae &earc)ed 7)ic) ma/ Ae an/7)ere in %)e
P)ili''ine&# and
". %)e oAEec%& %o Ae &ei6ed
a.)1here must be an application which must be under oath and
based on the personal 8nowledge of the applicant or witness he
may produce
1here must be an affidavit in support of the application. 1he affidavit
must be based on the personal 8nowledge of the affiant.
b.)1hat is why under Section 0, the judge must, before issuing the
warrant, personally e@amine in the form of searching Auestions and
answers, in writing and under oath, the complainant and his
witnesses to find out what the affiant really 8now what he is
tal8ing about. *nd everything must be reduced in writing.
?ow, you cannot apply here in +ule 1&/ the ruling in ,im vs. Eeli@ that
a judge can just loo8 at the affidavits and determine whether to issue or
not to issue a warrant of arrest. 1he ruling in ,im is based on the
issuance of warrant of arrest after preliminary investigation. -ut we are
tal8ing here +ule 1&/) of a search warrant. Dere, it must be literal
there must really be a personal e@amination.
)e?uisites for a 0alid warrant
PI2AP 0. 2&
36: S2)& 233
4a! 15, 1555
<hird Di0ision% Panganian, 8.
,uestion%
W)a% are %)e re;i&i%e& +or %)e i&&ance o+ a $alid &earc)
7arran%J
&nswer%
T)e/ areM 213 're&ence o+ 'roAaAle ca&e9 2"3 &c) 're&ence
i& de%ermined 'er&onall/ A/ %)e Ed(e9 2*3 %)e com'lainan% and
%)e 7i%ne&&e& )e ma/ 'rodce are 'er&onall/ eGamined A/ %)e
Ed(e# in 7ri%in( and nder oa%) or a?rma%ion9 2,3 %)e/ %e&%i+/ on
+ac%& 'er&onall/ Ino7n %o %)em9 and 2-3 %)e 7arran% &'eci!call/
de&criAe& %)e 'lace %o Ae &earc)ed and %)e %)in(& %o Ae &ei6ed.
1here is probable cause for its issuance to be determined personally
by the judge3
F: Jhat do you mean by probable cause for the purpose of issuing a
search warrantO
*: !robable cause refers to such facts and circumstances which could
lead a reasonably discreet and prudent man to believe that an offense has
been committed and that the items), articles) or objects) sought in
connection with said offense or subject to seiBure and destruction by law
is in the place to be searched. !eople vs. 5ncinada, "ctober &, 1$$4).
7n one case, the S2 said that probable cause does not mean actual and
positive cause, nor does it import absolute certainty. 1he reAuirement is
less than certainty or proof, but more than suspicion or possibility.
2olumbia !ictures vs. 2*, *ugust &/, 1$$/)
!robable cause, how determined.
1he e@istence of a probable cause depends to a large e@tent upon the
finding or opinion of the judge who conducted the reAuired e@amination
of the applicants and the witnesses. 6ho vs. Ma8alintal, '(/ S2+* 4(,
40 G1$$$H)3 ,una vs. !laBa, &/ S2+* '1( G1$/$H). 7t ought to be
emphasiBed that in determining probable cause, the average man weighs
facts and circumstances without resorting to the calibrations of the rules
of evidence of which his 8nowledge is technically nil. +ather, he relies
on the calculus of common sense which all reasonable men have in
abundance. 1he same Auantum of evidence is reAuired in determining
probable cause relative to search. -efore a search warrant can be issued,
it must be shown by substantial evidence that the items sought are in fact
seiBable by virtue of being connected with criminal activity, and that the
items will be found in the place to be searched. !eople vs. *ruta, &..
S2+* /&/ G1$$.H)
1his probable cause must be shown to be within the personal 8nowledge
of the complainant or the witnesses he may produce and not based on
mere hearsay. 1he e@amining magistrate must ma8e a probing and
e@haustive, not merely routine or pro forma e@amination of the applicant
and the witnesses. ?ala vs. -arroso, >r. %+ 10'(.4, *ug. 4, &((')
2. Proale cause
a. 4eaning of proale cause
People 0. &ruta
211 S2)& =2=
&pril 3, 1551
<hird Di0ision% )omero, 8.
,uestion%
W)a% doe& K'roAaAle ca&eL in %)e i&&ance o+ a &earc)
7arran% meanJ
&nswer%
Al%)o() 'roAaAle ca&e elde& eGac% and concre%e
de!ni%ion# i% (enerall/ &i(ni!e& a rea&onaAle (rond o+ &&'icion
&''or%ed A/ circm&%ance& &?cien%l/ &%ron( in %)em&el$e& %o
7arran% a ca%io& man %o Aelie$e %)a% %)e 'er&on acc&ed i&
(il%/ o+ %)e oBen&e 7i%) 7)ic) )e i& c)ar(ed. I% re+er& %o %)e
eGi&%ence o+ &c) +ac%& and circm&%ance& 7)ic) cold lead a
rea&onaAl/ di&cree% and 'rden% man %o Aelie$e %)a% an oBen&e
)a& Aeen commi%%ed and %)a% %)e i%em2&3# ar%icle2&3 or oAEec%2&3
&o()% in connec%ion 7i%) &aid oBen&e or &AEec% %o &ei6re and
de&%rc%ion A/ la7 i& in %)e 'lace %o Ae &earc)ed.
In de%erminin( 'roAaAle ca&e# %)e a$era(e man 7ei()&
+ac%& and circm&%ance& 7i%)o% re&or%in( %o %)e caliAra%ion& o+
or rle& o+ e$idence o+ 7)ic) )i& Ino7led(e i& %ec)nicall/ nil.
Ra%)er# )e relie& on %)e calcl& o+ common &en&e 7)ic) all
rea&onaAle men )a$e in aAndance. <e+ore a &earc) 7arran% can
Ae i&&ed# i% m&% Ae &)o7n A/ &A&%an%ial e$idence %)a% %)e
i%em& &o()% are in +ac% &ei6aAle A/ $ir%e o+ Aein( connec%ed
7i%) criminal ac%i$i%/# and %)a% %)e i%em& 7ill Ae +ond in %)e 'lace
%o Ae &earc)ed.
. )e?uisites for determination
Pendon 0. 2&
151 S2)& #25
-o0emer 1=, 1556
'irst Di0ision% 4edialdea, 8.
,uestion%
W)a% are %)e re;i&i%e& in %)e de%ermina%ion o+ 'roAaAle
ca&e in %)e i&&ance o+ a &earc) 7arran%J
&nswer%
I% i& re;ired %)a%M 13 %)e Ed(e m&% eGamine %)e 7i%ne&&e&
'er&onall/9 "3 %)e eGamina%ion m&% Ae nder oa%)9 and 2*3 %)e
eGamina%ion m&% Ae redced %o 7ri%in( in %)e +orm o+ &earc)in(
;e&%ion& and an&7er&.
c. Illegal possession of frearms
PI2AP 0. &suncion
36: S2)& 233
4a! 15, 1555
<hird Di0ision% Panganian, 8.
'acts%
T)e PNP a''lied +or a &earc) 7arran% +or %)e &earc) o+ PICOP
in <i&li(# Sri(ao del Sr. T)e &earc) 7a& +or %)e &ei6re o+ =>
Armali%e riNe& and o%)er a&&or%ed !rearm&. T)e a''lican% did no%
alle(e %)a% PICOP )a& no licen&e %o 'o&&e&& %)e !rearm& nor did i%
a%%ac) a cer%i!ca%ion +rom %)e Firearm& and EG'lo&i$e& Uni% on
lacI o+ licen&e.
Issue%
Wa& %)ere 'roAaAle ca&e +or %)e i&&ance o+ %)e 7arran%J
9eld%
No. T)e +ac%& and circm&%ance& %)a% 7old &)o7 'roAaAle
ca&e m&% Ae %)e Ae&% e$idence %)a% cold Ae oA%ained nder
%)e circm&%ance&. T)e in%rodc%ion o+ &c) e$idence i& nece&&ar/
in ca&e& 7)ere %)e i&&e i& %)e eGi&%ence o+ %)e ne(a%i$e
in(redien% o+ %)e oBen&e c)ar(edO+or in&%ance# %)e aA&ence o+ a
licen&e re;ired A/ la7# a& in %)e 're&en% ca&eOand &c)
e$idence i& 7i%)in %)e Ino7led(e and con%rol o+ %)e a''lican% 7)o
cold ea&il/ 'rodce %)e &ame. <% i+ %)e Ae&% e$idence cold no%
Ae &ecred a% %)e %ime o+ %)e a''lica%ion# %)e a''lican% m&% &)o7
a E&%i!aAle rea&on %)ere+or drin( %)e eGamina%ion A/ %)e Ed(e.
d. Sale of drugs without license
People 0. Estrada
25= S2)& 313
Septemer 23, 1551
Second Di0ision% )egalado, 8.
'acts%
T)e @e6on Ci%/ RTC# 'on a''lica%ion o+ %)e <FAD# i&&ed a
7arran% direc%in( %)e &ei6re o+ an nde%ermined ;an%i%/ o+
medicine& and dr(& alle(ed %o Ae di&%rAed A/ re&'onden%
7i%)o% %)e nece&&ar/ licen&e +rom %)e DO0. T)e o?cer a''l/in(
alle(ed in )i& &7orn &%a%emen% %)a% )e $eri!ed +rom <FAD %)a%
re&'onden% )ad no licen&e %o &ell dr(&.
Issue%
Wa& %)ere 'roAaAle ca&e +or %)e i&&ance o+ %)e 7arran%J
9eld%
No. 1ere alle(a%ion A/ %)e a''lican% a& %o %)e nonCeGi&%ence
o+ a licen&e i& no% &?cien% %o e&%aAli&) 'roAaAle ca&e. A
cer%i!ca%ion %o %)a% eBec% +rom %)e De'ar%men% o+ 0eal%) m&% Ae
oA%ained.
e. E@ect of lacB of proale cause
People 0. Salanguit
33= S2)& =13
&pril 15, 2661
Second Di0ision% 4endo/a, 8.
'acts%
T)e Searc) Warran% i&&ed A/ %)e Ed(e &%a%e&M
KI% a''earin( %o %)e &a%i&+ac%ion o+ %)e
nder&i(ned a+%er
eGaminin( nder oa%) SR. INSP. Rodol+o A(ilar# PNP and )i&
7i%ne&& SPO1
Edmnd <ada# PNP# %)a% %)ere i& 'roAaAle ca&e %o Aelie$e
%)a% RoAer% Salan(i% )a& in )i& 'o&&e&&ion and con%rol in )i&
'remi&e& <in)a(an S%.# San .o&e# @e6on Ci%/ a& &)o7n in
AnneG KAL# %)e 'ro'er%ie& %o 7i%M UNDETER1INED @UANTITY
OF S0A<U AND DRUG PARAP0ERNALIA.L
Issue%
Con&iderin( %)a% drin( %)e de'o&i%ionC%aIin(# no 7i%ne&&
%e&%i!ed on an/%)in( aAo% dr( 'ara')ernalia# &)old %)e
7arran% Ae nlli!ed +or )a$in( Aeen i&&ed 7i%)o% 'roAaAle
ca&eJ
9eld%
No. T)e +ac% %)a% %)ere 7a& no 'roAaAle ca&e %o &''or% %)e
a''lica%ion +or %)e &ei6re o+ dr( 'ara')ernalia doe& no% 7arran%
%)e concl&ion %)a% %)e &earc) 7arran% i& $oid. T)i& +ac% 7old Ae
ma%erial onl/ i+ dr( 'ara')ernalia 7ere &ei6ed A/ %)e 'olice. <%
none 7a& %aIen A/ $ir%e o+ %)e &earc) 7arran%. I+ a% all# %)ere+ore#
%)e &earc) 7arran% i& $oid onl/ in&o+ar a& i% a%)ori6ed %)e &ei6re
o+ dr( 'ara')ernalia# A% i% i& $alid a& %o %)e &ei6re o+ shabu
aAo% 7)ic) e$idence 7a& 're&en%ed &)o7in( 'roAaAle ca&e a&
%o i%& eGi&%ence. I% 7old Ae a dra&%ic remed/ indeed i+ a 7arran%#
7)ic) 7a& i&&ed on 'roAaAle ca&e and 'ar%iclarl/ de&criAin(
%)e i%em& %o Ae &ei6ed on %)e Aa&i& %)ereo+# i& %o Ae in$alida%ed in
toto Aeca&e %)e Ed(e erred in a%)ori6in( a &earc) +or o%)er
i%em& no% &''or%ed A/ %)e e$idence.
c.)1he search warrant must particularly describe the place or the
person to be searched and the things to be seiBed3.
1he rule is that a description of the place to be searched is sufficient if
the officer with the warrant can, with reasonable effort, ascertain and
identify the place intended to be searched. 2upcupin vs. !eople '$&
S2+* &(', &1/=&14 G&((&H3 !eople vs. Erancisco, '.4 S2+* 0/$, 044
G&((&H3 !eople vs. Salanguit, '0/ S2+* /$(, /$4=/$. G&((1H. -ut the
place to be searched cannot be amplified or modified by the police
officersL own personal 8nowledge of thje premises, or the evidence they
adduced in support of their application for the warrant !eople vs. 2*,
&$1 S2+* #((, #1& G1$$.H
7n a case, the search warrant was issued by the trial court authoriBing the
search of shabu and paraphernalia at ?o. 1&& M. DiBon St., 2aloocan
2ity. 1he application for search warrant was accompanied by a s8etch of
the area. 1he search was actually conducted at ?o. 1&( DiBon St.,
2aloocan 2ity, where shabu and shabu paraphernalia were seiBed. 7n
nullifying the search warrant, the Supreme 2ourt held that the
controlling subject of search warrants is the place indicated in the
warrant itself and not the place identified by the police. 2onseAuently,
all the items seiBed during the illegal search are prohibited from being
used in evidence. !eople vs. Erancisco, '.4 S2+* 0/$, 04. and 0.(
G&((&H).
Dowever, in a case, two search warrants were issued for the immediate
search of the residence of petitioner at 7nt. <avid Santos, 2. *rellano St.,
Malabon, Metro Manila, including the rooms located therein for the
seiBure of prohibited drugs and assorted firearms. * team of ?-7 agents
raided the house of petitioner located at 7nt. <avid Santos and 2.
*rellano Sts., Malabon, Metro Manila, which consisted of a &=storey
house made up of strong materials and a wor8shop room at the ground
floor made up of light materials where pac8s of shabu and firearms were
found. *gainst the petitionerLs claim that the search warrants failed to
particularly describe the place to be searched because there are two
houses located in the address stated in the warrants, it was held that the
wor8shop room where the pac8s of shabu were found is actually an
integral part of petitionerLs residence. Dence, it cannot be argued that
there are two houses in the address stated in the warrants and that the
same failed to particularly describe the place to be searched. !eople vs.
2upcupin, '$& S2+* &(' G&((&H).
7n another case, two search warrants were issued namely: ?o. &(=.& GaH
and ?o. &(=.' GbH. Cpon perusal, the warrants immediately disclosed an
obvious typographical error. 1he application in said case was for seiBure
of subversive materials allegedly concealed in two places: one at :?o.
1$, +oad ', !roject /, FueBon 2ity9 and the other , at :4.# Cnits 2 K <,
+MS -uilding, FueBon *venue, FueBon 2ity9. "bjection was made to
the e@ecution of Jarrant ?o. &(=.& GbH at :4.# Cnits 2 K <, +MS
-uilding, FueBon *venue, FueBon 2ity9 because both search warrants
apparently indicated the same address ?o. 1$, +oad ', !roject /,
FueBon 2ity) as the place where the supposedly subversive material was
hidden. 1his was error, of course but the error was obviously
typographical, for it was absurd to suppose that the >udge had issued two
warrantsfor the search of only one place. *dverting to the fact that the
application for the search warrants specified two distinct addresses, and
that in fact the address :4.# Cnits 2 K <, +MS -uilding, FueBon
*venue, FueBon 2ity9 appeared in the opening paragraph of Jarrant &(=
.& GbH, the Supreme 2ourt concluded that evidently, this was the address
the >udge intended to be searched when he issued the second warrant
?o. &(=.& GbH3 and to clear up the ambiguity caused by the obviously
typographical error,9 the officer e@ecuting the warrant could consult the
records in the official court file. -urgos vs. 2hief of Staff, *E!, 1''
S2+* .(( G1$.#H)
*nd in another case, the search warrant e@actly reproduced the officersL
description of the place in their application and in the affidavit appended
thereto as follows: premises located at *bigail ;ariety Store *pot. 1&(4,
*rea E. -agong -uhay *venue, Sapang !alay, San >ose del Monte,
-ulacan. 1he search warrant was made more restrictive by the >udgeLs
admonition that the search be :limited only to the premises herein
described.9 *t the time of the application, there were at least five distinct
places in the area involved: the store 8nown as the :*bigailLs ;ariety
Store9 and four separate and independent residential apartment units.
*dmittedly, the police officers did not intend to search all five places,
but of only one of the residential units in the rear of *bigailLs ;ariety
Store: that immediately ne@t to the store ?umber 1). 1hereafter, a
search was made not on *bigailLs ;ariety Store but on *partment ?o. 1
resulting to the arrest of !a8istani nationals and seiBure of e@plosives
and firearms. 1he Supreme 2ourt sustained the ruling of the trial court
declaring inadmissible in evidence the items seiBed under the warrant.
!eople vs. 2*, &$1 S2+* #((, #1& G1$$.H3 see also !aper 7ndustries
2orp. vs. *suncion, '(4 S2+* &0', &4' G1$$$H)
*nd still in another case, the application for search warrant was
accompanied by a s8etch of the compound at 01/ San >ose dela Montana
St., Mabilo 2ebu 2ity. 1he s8etch indicated the &=storey residential
house of private respondent with a large :P9 enclosed in a sAuare.
Jithin the same compound are residences of other people, wor8shops,
offices, factories and warehouses. Jith this s8etch as the guide, it could
have been very easy to describe the residential house of private
respondent with sufficient particularity so as to segregate it from the
other buildings or structures inside the same compound. -ut the search
warrant merely indicated the address of the compound which is 01/ San
>ose de la Montana St., Mabilo, 2ebu 2ity. 7t was held that this
description of the place to be searched is too general and does not
pinpoint the specific house of private respondent. 1hus, the inadeAuacy
of the description of the residence of private respondent sought to be
searched has characteriBed the Auestioned search warrant as a general
warrant, which is violative of the constitutional reAuirement.
2onseAuently, when search was conducted in a warehouse st ,ot ?o. '.
within the same compound while respondentLs house is actually located
at ,ot ?o. #1, the searching team went beyond the scope of the search
warrant. !eople vs. 5strada, &$/ S2+* '.', #((=#(1 G1$$.H).
3. Specifc description of place
a. Search of place not descried in warrant
People 0. 2&
251 S2)& #66
8une 2=, 1551
<hird Di0ision% -ar0asa, 8.
'acts%
U'on a''lica%ion A/ %)e 'olice# %)e Ed(e i&&ed a 7arran%
orderin( %)e &earc) o+ AAi(ail Varie%/ S%ore# A'ar%men% No. 1">=
in San .o&e del 1on%e# <lacan# and %)e &ei6re o+ !rearm& and
eG'lo&i$e& +ond %)erein. T)e 'olice in&%ead &er$ed %)e 7arran%
no% on %)e &%ore# A% a% A'ar%men% No. 1# 7)ic) 7a& immedia%el/
adEacen% %o %)e &%ore# re&l%in( %o %)e arre&% o+ +or PaIi&%ani
na%ional& and %)e &ei6re o+ (n& and eG'lo&i$e&. T)e 'olice
claimed %)a% a'ar%men% No. 1 7a& 7)a% %)e/ )ad in mind 7)en
%)e/ a''lied +or %)e 7arran%.
Issue%
I& %)e &earc) $alidJ
9eld%
No. W)a% i& ma%erial in de%erminin( %)e $alidi%/ o+ a &earc) i&
%)e 'lace &%a%ed in %)e 7arran% i%&el+# no% 7)a% %)e a''lican%& )ad
in %)eir %)o()%&. T)e 'lace %o Ae &earc)ed# a& &e% o% in %)e
7arran%# canno% Ae am'li!ed or modi!ed A/ %)e o?cer&P o7n
'er&onal Ino7led(e o+ %)e 'remi&e&. I% 7old concede %o 'olice
o?cer& %)e 'o7er o+ c)oo&in( %)e 'lace %o Ae &earc)ed# e$en i+
no% delinea%ed in %)e 7arran%. T)e 'ar%iclari6a%ion o+ %)e
de&cri'%ion o+ %)e 'lace %o Ae &earc)ed ma/ Ae done onl/ A/ %)e
Ed(e# and onl/ in %)e 7arran% i%&el+9 i% canno% Ae le+% %o %)e
di&cre%ion o+ %)e 'olice o?cer& condc%in( %)e &earc).
. Search of a 33.hectare compound
PI2AP 0. &suncion
36: S2)& 233
4a! 15, 1555
<hird Di0ision% Panganian, 8.
'acts%
U'on a''lica%ion A/ %)e PNP# %)e Ed(e ordered %)e &earc)
and &ei6re o+ !rearm& in 'o&&e&&ion o+ %)e PICOP Kloca%ed a%
PICOP Com'ond# <aran(a/ TaAon# <i&li(# Sri(ao del Sr.L
Issue%
I& %)e de&cri'%ion o+ %)e 'lace %o Ae &earc)ed &?cien%J
9eld%
No. T)e 7arran% +ailed %o de&criAe %)e 'lace 7i%)
'ar%iclari%/. I% &im'l/ a%)ori6e& a &earc) o+ K%)e a+oremen%ioned
'remi&e&#L A% i% did no% &'eci+/ &c) 'remi&e&. I% iden%i!e& onl/
one 'lace# and %)a% i& %)e PICOP Com'ond. T)e com'ond#
)o7e$er# i& made ' o+ ">> o?ce&:Aildin(&# 1- 'lan%&# D, &%aB
)o&e&# 1 air&%ri'# * 'ier&:7)ar$e&# "* 7are)o&e&# 8 POL
de'o%&:;icI &er$ice o%le%& and &ome D>> mi&cellaneo&# all o+
7)ic) are &'read o% o$er 1-- )ec%are&. OA$io&l/# %)e 7arran%
(i$e& %)e 'olice o?cer& nAridled and %)& ille(al a%)ori%/ %o
&earc) all %)e &%rc%re& +ond in&ide %)e PICOP Com'ond.
c. Search of 3,666.s?uare.meter compound
People 0. Estrada
25= S2)& 313
Septemer 23, 1551
Second Di0ision% )egalado, 8.
'acts%
T)e RTC o+ @e6on Ci%/ i&&ed a &earc) 7arran% 'on
a''lica%ion o+ %)e <FAD +or $iola%ion o+ R.A. =*F, 2Con&mer Ac%3.
T)e 7arran% 7a& i&&ed a(ain&% Aiden Lan6a o+ -1- San .o&e de
la 1on%ana S%.# CeA Ci%/# +or %)e &ei6re o+ dr( 'rodc%&. T)e
addre&& %rned o% %o Ae a -#>>> &;are me%er com'ond 7i%) 1-
&%rc%re& &ed a& re&iden%&# o?ce&# +ac%orie&# 7orI&)o'& or
7are)o&e&.
Issue%
I& %)e 7arran% $alidJ
9eld%
No. T)e 'lace %o Ae &earc)ed )ad no% Aeen de&criAed 7i%)
'ar%iclari%/ con&iderin( %)a% Lan6aP& re&idence i& ac%all/ a% Lo%
No. ,1# 7)ile %)e dr(& &o()% %o Ae &ei6ed 7ere +ond in a
7are)o&e a% Lo% No. *D 7i%)in %)e com'ond A% o7ned A/ a
diBeren% 'er&on. </ merel/ indica%in( %)e addre&& o+ %)e
com'ond# %)e 7arran% +ailed %o &e(re(a%e %)e 'ri$a%e re&idence
o+ re&'onden% +rom %)e o%)er Aildin(&. T)&# %)e 7arran% i& a
(eneral 7arran%.
d. 4inor defect in description of place
C! 0. 7I)
3## S2)& 3=
Actoer 26, 2666
'irst Di0ision% ;apunan, 8.
'acts%
For %)e crime o+ &ellin( car%on& o+ &ardine& 7i%)o% i&&in(
recei'%& in $iola%ion o+ Sec. "-* o+ %)e Na%ional In%ernal Re$ene
Code# %)e RTC i&&ed a Searc) Warran% a(ain&% U/ a% Uni!&)
PacIin( Cor'ora%ion. In %)e ca'%ion o+ %)e Searc) Warran%# U/P&
addre&& 7a& indica%ed a& K0ernan Cor%e& S%.# CeA Ci%/#L 7)ile
%)e Aod/ o+ 7arran% &%a%e& %)e addre&& a& K0ernan Cor%e& S%.#
1andae Ci%/.L
Issue%
I& %)ere a $iola%ion o+ %)e re;iremen% %)a% %)ere Ae a
'ar%iclar de&cri'%ion o+ %)e 'lace %o Ae &earc)edJ
9eld%
No. T)e rle i& %)a% a de&cri'%ion o+ a 'lace %o Ae &earc)ed i&
&?cien% i+ %)e o?cer 7i%) %)e 7arran% can# 7i%) rea&onaAle
eBor%# a&cer%ain and iden%i+/ %)e 'lace in%ended and di&%in(i&) i%
+rom o%)er 'lace& in %)e commni%/. In %)i& ca&e# i% 7a& no% &)o7n
%)a% a &%ree% &imilarl/ named 0ernan Cor%e& cold Ae +ond in
CeA Ci%/. Nor 7a& i% e&%aAli&)ed %)a% %)e en+orcin( o?cer& )ad
an/ di?cl%/ in loca%in( %)e 'remi&e& de&criAed in %)e 7arran%.
T)a% %)e 7arran%# %)ere+ore# incon&i&%en%l/ iden%i!ed %)e ci%/
7)ere %)e 'remi&e& %o Ae &earc)ed i&# i& no% a de+ec% %)a% 7old
&'ell %)e 7arran%P& in$alida%ion.
People 0. Salanguit
33= S2)& =13
&pril 15, 2661
Second Di0ision% 4endo/a, 8.
'act%
T)e Searc) Warran% i&&ed A/ %)e Ed(e ordered %)e &earc)
o+ %)e re&idence o+ RoAer% Salan(i% a% K<in)a(an S%.# San .o&e#
@e6on Ci%/ a& &)o7n in Annex KA.L Amon( %)e docmen%& in %)e
record& o+ %)e a''lica%ion +or %)e 7arran% areM 13 %)e a''lica%ion
i%&el+ 7)ic) &%a%ed %)a% %)e 'remi&e& %o Ae &earc)ed 7a& loca%ed
in Ae%7een No. = and 11 o+ <in)a(an S%.#9 2"3 de'o&i%ion o+
7i%ne&& 7)ic) de&criAed %)e 'remi&e& a& Ka )o&e 7i%)o% a
nmAer loca%ed a% <in)a(an S%.L9 and 2*3 %)e 'encil &Ie%c) o+ %)e
loca%ion o+ %)e 'remi&e& %o Ae &earc)ed. In addi%ion# %)e leader o+
%)e 'olice %eam 7)o condc%ed %)e &earc) re&ide& in %)e
nei()Aor)ood.
Issue%
Did %)e 7arran% &a%i&+/ %)e re;iremen% o+ 'ar%iclari%/ o+
de&cri'%ion o+ %)e 'lace %o Ae &earc)edJ
9eld%
Ye&. T)e rle i& %)a% a de&cri'%ion o+ %)e 'lace %o Ae &earc)ed
i& &?cien% i+ %)e o?cer 7i%) %)e 7arran% can# 7i%) rea&onaAle
eBor%# a&cer%ain and iden%i+/ %)e 'lace in%ended %o Ae &earc)ed.
For eGam'le# a &earc) 7arran% a%)ori6ed a &earc) o+ A'ar%men%
No. * o+ a Aildin( a% D* Pea&an% S%.# 1alAoro()# 1a&&ac)&e%%&.
A& i% %rned o%# %)ere 7ere - a'ar%men%& in %)e Aa&emen% and 8
a'ar%men%& on Ao%) %)e (rond and %o' Noor& and %)a% %)ere 7a&
an A'ar%men% No.* on eac) Noor. 0o7e$er# %)e de&cri'%ion 7a&
made de%ermina%e A/ a re+erence %o %)e a?da$i% &''or%in( %)e
7arran% %)a% %)e a'ar%men% 7a& occ'ied A/ 1orri& Ferran%e o+ D*
Plea&an% S%.# 1alAoro# 1a&&.
In %)i& ca&e# %)e loca%ion o+ Salan(i%P& )o&e Aein( indica%ed
A/ %)e e$idence on record# %)ere can Ae no doA% %)a% %)e 7arran%
de&criAed %)e 'lace %o Ae &earc)ed 7i%) &?cien% 'ar%iclari%/.
e. Defect in name of owner of the place
C! 0. 7I)
3## S2)& 3=
Actoer 26, 2666
'irst Di0ision% ;apunan, 8.
'acts%
For $iola%ion o+ Sec. "-* o+ %)e Na%ional In%ernal Re$ene
Code# %)e RTC i&&ed " Searc) Warran%&# %)e &econd a''aren%l/ %o
correc% %)e incon&i&%encie& in %)e !r&%. T)e !r&% 7arran% 7a&
i&&ed &olel/ a(ain&% KU/ C)in 0o alia& FranI U/#L and %)e &econd
a(ain&% KU/ C)in 0o alia& FranI U/# and Uni!&) PacIin(
Cor'ora%ion.L
Issue%
I& %)ere a de+ec% in %)e de&cri'%ion o+ %)e 'lace %o Ae
&earc)edJ
9eld%
No. T)e 7arran% need no% name %)e 'er&on 7)o occ'ie& %)e
named 'remi&e&. W)ere %)e 7arran% i& i&&ed +or %)e &earc) o+ a
&'eci!call/ de&criAed 'lace onl/ and no% +or %)e &earc) o+ a
'er&on# %)e +ailre %o name %)e o7ner or occ'an% o+ &c)
'ro'er%/ in %)e 7arran% doe& no% in$alida%e %)e 7arran%9 and
7)ere %)e name o+ %)e o7ner o+ %)e 'remi&e& i& incorrec%l/
in&er%ed# i% i& no% a +a%al de+ec% i+ %)e le(al de&cri'%ion o+ %)e
'remi&e& i& o%)er7i&e correc% &o %)a% no di&cre%ion i& le+% %o %)e
o?cer maIin( %)e &earc) a& %o %)e 'lace %o Ae &earc)ed. Since in
%)i& ca&e %)e 7arran% 7a& i&&ed no% +or %)e &earc) o+ %)e 'er&on&
o7nin( %)e 'remi&e& A% onl/ a &earc) o+ %)e 'remi&e& occ'ied
A/ %)em# %)e &earc) cold no% Ae declared nla7+l Aeca&e o+
%)e incon&i&%encie& in &%a%in( %)eir name&.
f. 4istaBe in name of person
People 0. Del -orte
#2= S2)& 313
4arch 25, 266#
Second Di0ision% Puno, 8.
'acts%
T)e 'olice &er$ed a &earc) 7arran% direc%ed a(ain&% a cer%ain
I&in( Di7a re&idin( a% "=- Nor%) Ser$ice Road# Caloocan Ci%/ +or
'o&&e&&ion o+ &)aA and mariEana. Drin( %)e &earc)# %)e 'olice
con!&ca%ed mariEana and arre&%ed Pre&illa del Nor%e# a $i&i%or#
7)o li$ed a% *=8 Dama de Noc)e# Caloocan Ci%/# Aeca&e o+ an
alle(a%ion %)a% &)e 7a& I&in( Di7a. Del Nor%e 7a& &A&e;en%l/
c)ar(ed 7i%) ille(al 'o&&e&&ion o+ mariEana.
Issue%
Wa& %)ere a $alid &earc) and &ei6reJ
9eld%
No. 1i&%aIe& in %)e name o+ %)e 'er&on &AEec% o+ %)e &earc)
7arran% do no% in$alida%e %)e 7arran%# 'ro$ided %)e 'lace %o Ae
&earc)ed i& 'ro'erl/ de&criAed. In Peo'le $. Ti Won C)a# %)e
a%)ori%ie& condc%ed &r$eillance and a %e&%CA/ o'era%ion
Ae+ore oA%ainin( %)e &earc) 7arran% and &A&e;en%l/
im'lemen%in( i%. T)e/ )ad 'er&onal Ino7led(e o+ %)e iden%i%/ o+
%)e 'er&on& and %)e 'lace %o Ae &earc)ed al%)o() %)e/ did no%
&'eci!call/ Ino7 %)e name&.
T)i& ca&e i& diBeren%. T)e 'olice did no% )a$e 'er&onal
Ino7led(e o+ %)e circm&%ance& &rrondin( %)e &earc). T)e/ did
no% condc% &r$eillance Ae+ore oA%ainin( %)e 7arran%. I% 7a& onl/
7)en %)e/ im'lemen%ed %)e 7arran% %)a% %)e/ coordina%ed 7i%)
%)e Aaran(a/ o?cial&. One o+ %)e Aaran(a/ o?cial& in+ormed
%)em %)a% I&in( Di7a and Pri&cilla Del Nor%e are one and %)e &ame
'er&on# A% &aid Aaran(a/ o?cial 7a& no% 're&en%ed in cor%. T)e
a%)ori%ie& Aa&ed %)eir Ino7led(e on 're )ear&a/.
!articularity of the !ersons or 1hings to be SeiBed
* search warrant may be said to particularly describe the things to be
seiBed: 1) when the description therein is as specific as the
circumstances will pordinarily allow *sian Surety K 7ns. 2o. ;s.
Derrera, 0# S2+* '1& G1$4'H3 !eople vs. +ubio, 04 !hil. '.#)3 or &)
when the description e@presses a conclusion of fact not of law= by
which the warrant officer may be guided in ma8ing the search, and
seiBure3 or ') when the things described are limited to those which bear
direct relation to the offense for which the warrant is being issued Cy
vs. -7+, '## S2+* '/, /& G&(((H)
1he law does niot reAuire that the things to be seiBed must be described
in precise and minute detail as to leave no room for doubt on the part of
the searching authorities. "therwise, it would be virtually impossible for
the applicants to obtain a warrant as they would not 8now e@actly what
8ind of things they are loo8ing for. Since the element of time is very
crucial in criminal cases, the effort and time spent in researching on the
details to be embodied in the warrant wlould render the purpose of the
search nugatory 6ho vs, Ma8alintal, '(/ S2+* 4(, 44 G1$$$H).
Dowever, a search warrant is not a sweeping authority empowering a
raiding pGarty to underta8e a fishing e@pedition to seiBe and confiscate
any and all 8inds of evidence or articles relating to a crime. !eople vs.
Erancisco, '.4 S2+* 0/$, 0.( G&((&H).
1he failure to correctly state in the search warrant the first name of
accused does not invalidate the warrant provided there is additional
description that would sufficiently enable the police officers to locate the
petitioner. Jhat is prohibited is a warrant against an unnamed party, and
not one which contains a description personae that will enable the officer
to identify the accused without difficulty. ?ala vs. -arroso, >r., %+
10'(.4, *ug.4, &((')
7n Stonehill vs. <io8no, the effects to be searched and seiBed were
described as :-oo8s of accounts, financial records, vouchers, journals,
corfespondence, receipts, ledgers, portfolios, credit journals, typewriters,
and other documents and)or papers showing all business transactions
including disbursement receipts, balance sheets and related profit and
loss sgtatements.9 1he Supreme 2ourt found that the foregoing
description failed to conform to the reAuirements set forth by the
2onstitution since the warrants authoriBed the search for and seiBure of
records pertaining to all business transactions of petitioners herein,
regardless of whether the transactions were legal or illegal. &( S2+*
'.' G1$/4H3 Cy vs. -7+, '## S2+* '/, /& G&(((H).
7n -ache vs. +uiB '4 S2+* .&' G1$41H, the high court struc8 down a
warrant containing a similar description as those in Stonehill.
7n *sian Surety K 7nsurance 2o., 7nc vs. Derrera 0# S2+* '1& G1$4'H),
the Supreme 2ourt ruled similarly.
-ut in 6ho vs. Ma8alintal, '(/ S2+* 4(, 44=4. G1$$$H, the subject
search warrants refer to :unlicensed firearms,9 and :chop=chop vehicles
and other spare parts,9 the high court believed and so held, that the said
warrants comply with constitutional and statutory reAuirements. 1he
failure to specify the detailed descriptions in the warrants did not render
the same general. 1he use of the phrase :and the li8e9 or :boo8s and
allied papers9 in the search warrant is of no moment. 1he same did not
ma8e the search warrants in Auestion general.
Jhen warrant partly void
* warrant issued on aa probable cause and particularly describing the
items to be seiBed cannot be invalidated in toto even if the judge erred in
authoriBing a search for other items not supported by evidence.
7n !eople vs Salanguit, '0/ S2+* /$( G&((1H, the warrant authoriBed
the seiBure of :undetermined Auantity of shabu and drug paraphernalia9.
5vidence was presented showing probable cause of the e@istence of
methamphetamine hydrochloride or shabu. *ccused=appellant contends,
however, that the search warrant issued is void because no evidence was
presented showing gthe e@istence of drug paraphernalia and the same
should not have been ordered to be seiBed by the trial court. 1he
Supreme 2ourt held:
:7t would be a drastic remedy indeed if a warrant, which was issued on a
probable cause and particularly describing the items to be seiBed on the
basis thereof, is to be invalidated in toto because the judge erred in
authoriBing a search for other items not supported by the evidence.
*ccordingly, we hold that the first part of the search warrant, authoriBing
the search of accused appellantLs house for an undetermined Auantity of
shabu, is valid, even though the second part, with respect to the search
for drug paraphernalia, is not.9
#. Description of o"ects
a. Diolation of intellectual propert! law
2olumia Pictures 0. 'lores
223 S2)& :=1
8une 25, 1553
<hird Di0ision% 4elo, 8.
'acts%
Amon( o%)er&# %)e Ed(e ordered %)e &ei6re o+ %)e +ollo7in(
i%em& +or $iola%ion %)e In%ellec%al Pro'er%/ La7M
[c] Television sets, video cassette recorders, rewinders, tape
head cleaners, accessories, equipment and other machines and
paraphernalia or material used or intended to be used in the
unlawful sale, lease, distribution, or possession for purpose of
sale, lease, distribution, circulation or public exhibition of the
above-mentioned pirated tapes.
Issue%
I& %)e &earc) 7arran% $alidJ
9eld%
No. T)e&e ar%icle& and a''liance& are (enerall/ connec%ed
7i%)# or rela%ed %o le(i%ima%e A&ine&& no% nece&&aril/ in$ol$in(
'irac/ o+ in%ellec%al 'ro'er%/ or in+rin(emen% o+ co'/ri()% la7&.
0ence# incldin( %)e&e ar%icle& 7i%)o% &'eci!ca%ion and:or
'ar%iclari%/ %)a% %)e/ 7ere reall/ in&%rmen%& in $iola%in( %)e
an%iC'irac/ la7 maIe& %)e &earc) 7arran% %oo (eneral 7)ic) 7old
re&l% in %)e con!&ca%ion o+ all i%em& +ond in an/ $ideo &%ore.
2olumia Pictures 0. 2&
2=1 S2)& 1##
&ugust 21, 155=
En 7anc% )egalado, 8.
'acts%
For $iola%ion o+ Sec. -8 o+ %)e Decree on %)e Pro%ec%ion o+
In%ellec%al Pro'er%/# %)e Ed(e i&&ed a &earc) 7arran% +or %)e
&ei6re o+M
[c] Television sets, video cassette recorders, rewinders, tape
head cleaners, accessories, equipment and other machines and
paraphernalia or material used or intended to be used in the
unlawful sale, lease, distribution, or possession for purpose of
sale, lease, distribution, circulation or public exhibition of the
above-mentioned pirated video tapes which he is keeping and
concealing in the premises above-described.
Issue%
I& %)e 7arran% a (eneral 7arran%J
9eld%
No. T)e aAo$e i%em& cold no% Ae an/more &'eci!c a& %)e
circm&%ance& 7ill allo7 &ince %)e/ are all &ed or in%ended %o Ae
&ed in %)e nla7+l &ale or lea&e o+ 'ira%ed %a'e&.
4icrosoft 0. 4a*icorp, Inc.
#31 S2)& 22#
Septemer 13, 266#
'irst Di0ision% 2arpio, 8.
'acts%
T)e &earc) 7arran% i&&ed A/ %)e cor% 'ar%l/ ordered %)e
&ei6re o+M
c !undr" items such as labels, boxes, prints, packages,
wrappers,
receptacles, advertisements and other paraphernalia
bearing the cop"rights
and#or trademarks owned b" $%&'(!()T &('*('AT%(+.
e &omputer hardware, including central processing
units including hard disks, &,-'om drives, ke"boards, monitor
screens and diskettes, photocop"ing machines and other
equipment or paraphernalia used or intended to be used for
illegal and unauthori-ed cop"ing of reproduction of $icrosoft
software....
Issue%
Doe& %)e 7arran% 'ar%iclarl/ de&criAe %)e %)in(& %o Ae
&ei6edJ
9eld%
Ye&. I% i& onl/ re;ired %)a% a &earc) 7arran% Ae &'eci!c a&
+ar a& circm&%ance& 7ill ordinaril/ allo7. T)e de&cri'%ion o+ %)e
'ro'er%/ %o Ae &ei6ed nee no% Ae %ec)nicall/ 'reci&e. 1ea&red
a(ain&% %)i& &%andard# 'ara(ra') 2e3 i& &?cien%. T)e ar%icle& %o
Ae &ei6ed 7ere no% onl/ &?cien%l/ iden%i!ed ')/&icall/# %)e/
7ere al&o &'eci!call/ iden%i!ed A/ &%a%in( %)eir rela%ion %o %)e
oBen&e c)ar(e. 0o7e$er# 'ara(ra') 4c5 lacI& 'ar%iclari%/. T)e
de&cri'%ion i& allCemAracin( &ince i% co$er& 'ro'erl/ &ed +or
'er&onal or o%)er 'r'o&e& no% rela%ed %o co'/ri()% in+rin(emen%.
1oreo$er# %)e de&cri'%ion co$er& 'ro'er%/ %)a% 1aGicor' ma/
)a$e Ao()% le(i%ima%el/ +rom 1icro&o+%. Nei%)er doe& i% limi% %)e
&ei6re %o 'rodc%& &ed in co'/ri()% in+rin(emen%.
<% no 'ro$i&ion o+ la7 eGi&%& 7)ic) re;ire& %)a% a 7arran%#
'ar%iall/ de+ec%i$e &)old Ae nlli!ed a& a 7)ole. A &earc) 7arran%
i& &e$eraAle# %)e i%em& no% &?cien%l/ de&criAed ma/ Ae c% oB
7i%)o% de&%ro/in( %)e 7)ole 7arran%.
. Diolation of PD 11==, as amended, etc.
;ho 0. 4aBalintal
36= S2)& :6
&pril 21, 1555
En 7anc% Purisima, 8.
'acts%
T)e Ed(e i&&ed * &earc) 7arran%& de&criAin( %)e i%em& %o
Ae &ei6ed# a& +ollo7&M
!earch .arrant +o. /0-112 34nlicensed radio
communications equipment such as transmitters, transceivers,
handsets, scanners, monitoring devices and others.5
!earch .arrant +o. /0-162 34nlicensed 7rearms of various
calibres and ammunitions for the said 7rearms.5
!earch .arrant +o. /0-182 3&hop-chop vehicles and other spare
parts.5
Issue%
Are %)e 7arran%& $alidJ
9eld%
Ye&. T)e la7 doe& no% re;ire %)a% %)e %)in(& %o Ae &ei6ed
m&% Ae de&criAed in 'reci&e and min%e de%ail a& %o lea$e no
room +or doA% on %)e 'ar% o+ %)e &earc)in( a%)ori%ie&.
O%)er7i&e# i% 7ill Ae $ir%all/ im'o&&iAle +or %)e a''lican%& %o
oA%ain a 7arran% a& %)e/ 7old no% Ino7 eGac%l/ 7)a% Iind o+
%)in(& %)e/ are looIin( +or. Since %)e elemen% o+ %ime i& $er/
crcial in criminal ca&e&# %)e eBor% and %ime &'en% in re&earc)in(
%)e de%ail& %o Ae emAodied in %)e 7arran% 7old render %)e
'r'o&e o+ %)e &earc) n(a%or/. Con&e;en%l/# %)e aAo$e
de&cri'%ion& cold Ae adEd(ed in &A&%an%ial com'liance 7i%) %)e
re;iremen%& o+ la7.
&l.(houl 0. 2&
3=# S2)& 3=3
Septemer #, 2661
Second Di0ision% ,uisuming, 8.

'acts%
T)e Ed(e ordered %)e &earc) o+ A'ar%men% No." and %)e
&ei6re o+ %)e +ollo7in(M 1.,- caliAer 'i&%ol9 1 -.-8 118 RiNe 7i%)
ammni%ion&9 1 F11 'i&%ol 7i%) ammni%ion&9 * AoGe& o+
eG'lo&i$e&9 1> &%icI& o+ d/nami%e9 *> 'iece& o+ Ala&%in( ca'&.
T)e 'olice# )o7e$er# +ond and &ei6ed %)e +ollo7in(M " 1C18
riNe& 7i%) " ma(a6ine& and "> ammni%ion&9 1 Aar demoli%ion
c)ar(e9 1 caliAer Pi&%ol# 7i%) ma(a6ine o+ CaliAer .,- and *.,-
ammni%ion&9 1 "" caliAer )and(n 7i%) - ammni%ion&9 " 'iece&
o+ +ra(men%a%ion (renade&9 1 roll o+ de%ona%in( cord9 " Ai( Aa(& o+
ammonim ni%ra%e9 "" de%ona%in( cord&9 Q and R 'ond o+ TNT9
1 %imer alarm clocI9 and " Aa%%erie& F $ol%&.
Issue%
Are %)e oAEec%& admi&&iAleJ
9eld%
Ye&. T)e ar%icle& &ei6ed are o+ %)e &ame Iind and na%re a&
%)o&e i%em& enmera%ed in %)e &earc) 7arran%. T)e i%em& ordered
&ei6ed in %)e 7arran% 7ere de&criAed 7i%) &'eci!ci%/. T)e na%re
o+ %)e i%em& did no% re;ire a %ec)nical de&cri'%ion. 1oreo$er# %)e
la7 doe& no% re;ire %)a% %)e %)in(& %o Ae &ei6ed m&% Ae
de&criAed in 'reci&e and min%e de%ail& a& %o lea$e no room +or
doA%# o%)er7i&e# i% 7old Ae $ir%all/ im'o&&iAle +or %)e
a''lican%& %o oA%ain a &earc) 7arran% a& %)e/ 7old no% Ino7
eGac%l/ 7)a% Iind o+ %)in(& %)e/ are looIin( +or. Once de&criAed#
)o7e$er# %)e ar%icle& &AEec% o+ &ei6re need no% Ae &o in$arian%
a& %o re;ire aA&ol%e concordance Ae%7een %)o&e &ei6ed and
%)o&e de&criAed in %)e 7arran%. SA&%an%ial &imilari%/ o+ %)o&e
ar%icle& de&criAed a& a cla&& or &'ecie& 7old &?ce.
c. Diolation of -I)2
C! 0. 7I)
3## S2)& 3=
Actoer 26, 2666
'irst Di0ision% ;apunan, 8.
'acts%
T)e 7arran% +or %)e oBen&e o+ &ellin( car%on& o+ &ardine&
7i%)o% i&&in( recei'%& in $iola%ion o+ Sec. "-* o+ %)e Na%ional
In%ernal Re$ene Code i&&ed A/ %)e RTC de&criAed %)e oAEec%& %o
Ae &ei6ed a& +ollo7&M 1. 1l%i'le &e%& o+ <ooI& o+ Accon%&#
Led(er&# .ornal&# Pro$i&ional S O?cial Recei'%&9 ". Prodc%ion
Record <ooI&:In$en%or/ Li&%&9 *. Unre(i&%ered Deli$er/ Recei'%&9
,. Unre(i&%ered Prc)a&e S Sale& In$oice9 -. Sale& Record&# .oA
Order&.
Issue%
Are %)e oAEec%& de&criAed 7i%) 'ar%iclari%/J
9eld%
1o&% o+ %)e i%em& li&%ed +ail %o mee% %)e %e&% o+ 'ar%iclari%/#
e&'eciall/ &ince %)e Ed(e 7a& +rni&)ed 7i%) %)e ')o%oco'ie& o+
%)e docmen%& &o()% %o Ae &ei6ed. T)e &e o+ (eneric %erm or a
(eneral de&cri'%ion i& acce'%aAle onl/ 7)en a more &'eci!c
de&cri'%ion o+ %)e %)in(& i& na$ailaAle. T)e &e o+ %erm& liIe
Kml%i'le &e%& o+ AooI& o+ accon%& led(er&... Eornal&# ca&)
re(i&%er AooI&... 'ro$i&ional S o?cial recei'%&... &%ocI card& ...
&ale& record&...L are nacce'%aAle.
0o7e$er# a& re(ard& %)e %erm& Knre(i&%ered deli$er/
recei'%&L and Knre(i&%ered 'rc)a&e S &ale& in$oice&L# %)e/ need
no% Ae &'eci!ed a& i% i& no% 'o&&iAle %o do &o 'reci&el/ Aeca&e
%)e/ are nre(i&%ered. T)e (eneral de&cri'%ion o+ mo&% o+ %)e
docmen%& li&%ed in %)e 7arran% doe& no% render %)e en%ire
7arran% $oid. In&o+ar a& %)e 7arran% a%)ori6ed %)e &ei6re o+
nre(i&%ered deli$er/ recei'%& and nre(i&%ered 'rc)a&e and
&ale& in$oice&# %)e 7arran% remain $alid.
T)e &earc) 7arran% i& &e$eraAle# and %)o&e i%em& no%
'ar%iclarl/ de&criAed ma/ Ae c% oB 7i%)o% de&%ro/in( %)e 7)ole
7arran%. Accordin(l/# %)e i%em& no% 'ar%iclarl/ de&criAed o()% %o
Ae re%rned %o 'e%i%ioner.
d. Diolation of the Dangerous Drugs &ct
People 0. <ee
353 S2)& #15
8anuar! 36, 2663
En 7anc% ,uisuming, 8.
'acts%
T)e Ed(e i&&ed a &earc) 7arran% +or ille(al 'o&&e&&ion o+
dan(ero& dr(&. T)e 7arran% &'eci!call/ ordered %)e &ei6re o+
Kan nde%ermined amon% o+ mariEana.L W)en %)e 7arran% 7a&
eGec%ed# %)e 'olice %ooI , AoGe& and 1* &acI& o+ dried mariEana
No7erin( %o'& and lea$e& 7i%) a %o%al 7ei()% o+ **.F* Iilo&.
Issue%
Doe& %)e de&cri'%ion o+ %)e oAEec% %o Ae &ei6ed &a%i&+/ %)e
re;iremen% %)a% %)e %)in(& %o Ae &ei6ed m&% Ae 'ar%iclarl/
de&criAed in %)e 7arran%J
9eld%
Ye&. T)e de&cri'%ion Kan nde%ermined amon% o+ mariEanaL
m&% Ae )eld %o &a%i&+/ %)e re;iremen% o+ %)e Con&%i%%ion on
'ar%iclari%/ o+ de&cri'%ion. T)e de&cri'%ion %)erein i&M 213 a&
&'eci!c a& %)e circm&%ance& 7ill ordinaril/ allo79 2"3 eG're&&e& a
concl&ion o+ +ac%Ono% o+ la7OA/ 7)ic) %)e 'eace o?cer& ma/
Ae (ided in maIin( %)e &earc) and &ei6re9 and 2*3 limi%& %)e
%)in(& %o Ae &ei6ed %o %)o&e 7)ic) Aear direc% rela%ion %o %)e
oBen&e +or 7)ic) i% i& Aein( i&&ed. Said 7arran% im'o&e& a
meanin(+l re&%ric%ion 'on %)e oAEec%& %o Ae &ei6ed A/ %)e
o?cer& &er$in( %)e 7arran%# %)ereA/ 're$en%in( eG'lora%or/
&earc)e&.
e. 'alsifcation of pulic document
Dalle"o 0. 2&
#2: S2)& =31
&pril 1#, 266#
Second Di0ision% 2alle"o, Sr., 8.
'acts%
T)e &earc) 7arran% ordered %)e &ei6re o+ %)e +ollo7in(M
4ndetermined number of )ake 9and Titles, (:cial 'eceipts
in the &ashier;s
(:ce, <udicial )orm +o. =/ known as *rimar" >ntr" ?ook
4nder +o. 8/@
and other pertinent documents related therewithA
?lank )orms of 9and Titles kept inside the drawers of ever"
table of
emplo"ees of the 'egistr" of ,eedsA
4ndetermined number of 9and Transfer transactions without
the
correspondent pa"ment of &apital Bains Tax and pa"ment of
documentar"
!tamps.
Issue%
I& %)e 7arran% $alidJ
9eld%
No. T)e %erm& &ed in %)e 7arran% are allCemAracin(# 7i%)
%)e oA$io& in%en% o+ &AEec%in( all %)e record& 'er%ainin( %o all
%)e %ran&ac%ion& o+ ValleEoP& o?ce a% %)e Re(i&%er o+ Deed& %o
&earc) and &ei6re. Sc) %enor o+ a &ei6re 7arran% con%ra$ene&
%)e eG'lici% command o+ %)e Con&%i%%ion and Sec. , o+ Rle 1"8 o+
%)e Re$i&ed Rle& on Criminal Procedre %)a% %)ere Ae a 'ar%iclar
de&cri'%ion o+ %)e %)in(& &ei6ed. A de&cri'%ion o+ &c) (enerali%/
a& %o lod(e in %)e eGec%in( o?cer $ir%all/ nlimi%ed di&cre%ion
a& %o 7)a% 'ro'er%/ &)all Ae &ei6ed i& re'(nan% %o %)e
Con&%i%%ion.
3. Sei/ure of o"ects not descried in the warrant
People 0. (o
#11 S2)& 11
Septemer 12, 2663
<hird Di0ision% 2arpio.4orales, 8.
,uestion%
In %)e eGec%ion o+ a &earc) 7arran% +or %)e &ei6re o+
Dan(ero& Dr(&# ma/ %)e 'olice al&o &ei6e mone/ a& 7ell a& a
car 7)ic)# %)o() no% de&criAed in %)e 7arran%# %)e/ Aelie$e %o Ae
K'roceed& o+ %)e crimeL or Kmean& o+ commi%%in( %)e oBen&eLJ
&nswer%
No. In &ei6in( %)e &aid i%em& %)en# %)e 'olice o?cer& 7ere
eGerci&in( %)eir o7n di&cre%ion and de%erminin( +or %)em&el$e&
7)ic) i%em& in a''ellan%P& re&idence %)e/ Aelie$ed 7ere
K'roceed& o+ %)e crimeL or Kmean& o+ commi%%in( %)e oBen&e.L
T)i& i& aA&ol%el/ im'ermi&&iAle. T)e con&%i%%ional re;iremen%
%)a% %)e ar%icle& %o Ae &ei6ed Ae 'ar%iclarl/ de&criAed in %)e
7arran% i& %o limi% %)e %)in(& %o Ae &ei6ed %o %)o&e# and onl/ %)o&e#
'ar%iclarl/ de&criAed in %)e &earc) 7arran% T %o lea$e %)e o?cer&
o+ la7 7i%) no di&cre%ion re(ardin( 7)a% ar%icle& %)e/ &)old
&ei6e. A &earc) 7arran% i& no% a &7ee'in( a%)ori%/ em'o7erin( a
raidin( 'ar%/ %o nder%aIe a !&)in( eG'edi%ion %o &ei6e and
con!&ca%e an/ and all Iind& o+ e$idence or ar%icle& rela%in( %o a
crime.
People 0. (o
#11 S2)& 11
Septemer 12, 2663
<hird Di0ision% 2arpio.4orales, 8.
'acts%
In %)e eGec%ion o+ a &earc) 7arran% +or %)e &ei6re o+
Dan(ero& Dr(&# %)e 'olice al&o &ei6ed a&&or%ed docmen%&#
'a&&'or%&# AanIAooI&# c)ecI&# c)ecI 7ri%er# %/'e7ri%er# dr/ &eal&
and &%am' 'ad& a& K&ei6re o+ e$idence in 'lain $ie7.L
Issue%
Can %)e &ei6re Ae E&%i!ed nder %)e 'lain $ie7 doc%rineJ
9eld%
No. Under %)e 'lain $ie7 doc%rine# one re;i&i%e i& %)a% i% i&
immedia%el/ a''aren% %o %)e o?cer %)a% %)e i%em )e oA&er$e&
ma/ Ae e$idence o+ a crime# con%raAand or o%)er7i&e &AEec% %o
&ei6re. 1ea&red a(ain&% %)i& &%andard# i% i& readil/ a''aren% %)a%
%)e &ei6re o+ %)e i%em& doe& no% +all 7i%)in %)e K'lain $ie7L
eGce'%ion. T)e ille(al c)arac%er o+ %)e oAEec%& 7a& no%
immedia%el/ a''aren%. Ra%)er# %)e &&'icion& o+ %)e 'olicemen
a''ear %o )a$e Aeen aro&ed A/ %)e 're&ence o+ %)e nmero&
'a&&'or%& and immi(ra%ion docmen%& 7)ic) %)e/ di&co$ered in
%)e cor&e o+ %)eir &earc). A+%er %)e/ con!rmed %)a% acc&ed 7a&
no% o'era%in( a %ra$el a(enc/# %)e/ conclded %)a% )i& 'o&&e&&ion
o+ &aid docmen%& and 'a&&'or%& 7a& ille(al e$en %)o() %)e/
cold no% iden%i+/ %)e alle(ed la7 &''o&edl/ $iola%ed.
1he search warrant shall be issued in connection with but one offense.
So for e@ample, 7 suspect that in your building, there are many illegal
objects there. 1here are unlicensed firearms, shabu and illegally cut
forest products. So three laws are violated illegal possession of
firearms, prohibited drugs, and forestry law.
Iou must apply for three separate search warrant because the rule is,
:one search warrant, one offense.9 "therwise the search warrant is a
general warrant which is prohibited under the 2onstitution.
=. Ane.A@ense )ule
a. Warrant for three E3F o@enses
Dalle"o 0. 2&
#2: S2)& =31
&pril 1#, 266#
Second Di0ision% 2alle"o, Sr., 8.
'acts%
T)e o'enin( &%a%emen% o+ Searc) Warran% No. ">>>C>*
read&M
3%t appearing to the satisfaction of the undersigned
after examining under oath +?% Cead Agent )ranklin $. <avier and
his witness that there are reasonable grounds to believe that
)alsi7cation of 9and Titles under Art. 1D1, 'evised *enal &ode,
Article 61=, '*&, and '.A. =01/ EAnti-Braft has been committed
or is about to be committed and that there are good and
su:cient reasons to believe that the 'egistr" of ,eeds, *rovincial
&apitol, Alibagu, %lagan, %sabela has in its possession and
control...5
Issue%
I& %)e 7arran% $alidJ
9eld%
No. I% i& a &ca%%erC&)o% 7arran% +or )a$in( Aeen i&&ed +or
more %)an one oBen&eOFal&i!ca%ion o+ Land Ti%le& nder Ar%. 1=1
and Ar%. "1* o+ %)e RPC# and $iola%ion o+ R.A. *>1F# o%)er7i&e
Ino7n a& %)e An%iCGra+% and Corr'% Prac%ice& Ac%. A 7arran% m&%
Ae i&&ed 'on 'roAaAle ca&e in connec%ion 7i%) one &'eci!c
oBen&e. In +ac%# a care+l 'er&al o+ %)e a''lica%ion +or %)e 7arran%
&)o7& %)a% %)e a''lican% did no% alle(e an/ &'eci!c ac% 'er+ormed
A/ 'e%i%ioner con&%i%%in( a $iola%ion o+ an/ o+ %)e a+oremen%ioned
oBen&e&.
. Warrant for two E2F o@enses
People 0. Simahon
#61 S2)& 53
&pril 5, 2663
'irst Di0ision% >nares.Santiago, 8.
'acts%
T)e &earc) 7arran% i&&ed A/ %)e Ed(e a(ain&% acc&ed
&'eci!call/ &%a%ed %)a% i% 7a& +or K$iola%ion o+ Sec. 1- and 18# Ar%.
III o+ R.A. 8,"-# and $iola%ion o+ P.D. 1D88.L T)e Aod/ o+ %)e
7arran% con%ained a direc%i$e %o %)e 'eace o?cer& %o &earc) +or
and &ei6e K&)aAL# 'acIa(in(:&ni?n( 'ara')ernalia and a .*D
caliAer re$ol$er.
Issue%
I& %)e &earc) 7arran% $alidJ
9eld%
No. Ar%. III# Sec. "# o+ %)e 1FD= Con&%i%%ion 'ro$ide& %)a% a
&earc) 7arran% can onl/ Ae i&&ed in rela%ion %o one &'eci!c
oBen&e. In %)i& ca&e# %)e ca'%ion a& 7ell a& %)e Aod/ o+ %)e &earc)
7arran% &)o7 %)a% i% 7a& i&&ed +or more %)an one oBen&e T +or
$iola%ion o+ R.A. 8,"- and +or $iola%ion o+ P.D. 1D88. T)e &earc)
7arran% i& a K&ca%%erC&)o% 7arran%L and %o%all/ nll and $oid.
c. Se0eral counts of the same o@ense
2olumia Pictures 0. 2&
2=1 S2)& 1##
&ugust 21, 155=
En 7anc% )egalado, 8.
'acts%
T)e &earc) 7arran% i&&ed +or $iola%ion o+ P.D. ,F direc%ed
%)e &ei6re# amon( o%)er&# o+ 'ira%ed $ideoC%a'e&.
Issue%
Con&iderin( %)a% %)ere are a& man/ oBen&e& o+ in+rin(emen%
a& %)ere are ri()%& 'ro%ec%ed in %)e $ario& mo$ie %i%le& in$ol$ed#
doe& %)e 7arran% $iola%e %)e rle %)a% a &earc) 7arran% m&% Ae
i&&ed onl/ in connec%ion 7i%) one &'eci!c oBen&eJ
9eld%
No. T)e &earc) 7arran% i%&el+ indica%e& i% 7a& i&&ed +or
$iola%ion o+ Sec. -8# P.D. ,F onl/. T)e &'eci!ca%ion& %)erein merel/
re+er %o %)e %i%le& o+ %)e co'/ri()%ed mo%ion 'ic%re& Aelon(in( %o
ColmAia 7)ic) de+endan%& 7ere in 'o&&e&&ion +or &ale or lea&e in
$iola%ion o+ P.D. ,F. T)a% %)ere 7ere &e$eral con%& o+ %)e oBen&e
o+ co'/ri()% in+rin(emen% and %)e &earc) 7arran% nco$ered
&e$eral con%raAand i%em& in %)e +orm o+ 'ira%ed $ideo %a'e& i& no%
%o Ae con+&ed 7i%) %)e nmAer o+ oBen&e& c)ar(ed.
*nd one of the leading cases regarding the issue is S1"?5D77,, vs.
<7"6?" &( S2+* '.') where a search warrant was issued against an
*merican businessman who had allegedly violated the ?7+2, +!2, etc.
7t was declared as null and void by the S2 because there were so many
items which were allegedly seiBed in connection with violation of
different laws li8e ?7+2, +!2, 2entral -an8 *ct. 1hat is a general
warrant.
Dowever, if we go by jurisprudence on general warrants, it is not really
necessary that in order to be classified as a general warrant, it was issued
for several offenses under different laws. Eor e@ample in the case of
-C+%"S, S+. vs. 2D75E "E S1*EE
<ecember &/, 1$.# 1'# S2+*)
E*21S: * search warrant was issued to raid the editorial offices of
Metropolitan Mail and Je Eorum predecessor of Malaya) somewhere
in FueBon 2ity. Jhat were going to be confiscated were materials,
pamphlets, printing machines to stop the paper from publishing on the
alleged violation of *nti=Subversion *ct !< ..0) during the time of
Marcos. -urgos challenged the validity of the search warrant before the
S2.
7SSC5 Q1: *ccording to -urgos, :Iou cannot seiBe those things because
7 am not the owner of those. 7 am just leasing them.9 Iou can only seiBe
from somebody objects which he owned.
D5,<: 1here is no provision in the law to that effect. *nd under Section
', you can seiBe :stolen or embeBBled and other proceeds, or fruits of the
offense.9 Eor e@ample, you can issue a warrant to seiBe stolen property
from a thief or robber. 1he thief or robber is not the owner of those
stolen property.
7SSC5 Q&: *ccording to -urgos, you cannot seiBe the printing
eAuipments because under the law you can only seiBe personal property.
1hese printing machines are all attached to the building and under the
law on !roperty, when a machinery is attached to the immovable, it
becomes immovable or real property also. *nd you cannot seiBe a real
property.
D5,<: Iou are correct -C1 there is an 5P25!17"? if the machine
is attached by somebody who is not the owner of the building, then the
machine is still a movable property.
7SSC5 Q': Jas the search warrant a general warrantO
D5,<: I5S. Jhat were seiBed were paraphernalia, pamphlets, printing
machines, etc. which, according to the search warrant, were used in
committing the crime of subversion under !< ..0. So there is only one
law violated unli8e in the case of Stonehill. -ut the S2 said that the
search warrant is a general warrant. 7t is true that there is only one law
violated but there are many sections in the <ecree. Iou must allege the
section violated, otherwise it becomes a general warrant.
So if you just say that the search warrant is for violation of a law, then
that is a general warrant if there are several sections that may be
violated. Iou must point out the section which was allegedly violated.
*s a matter of fact, the concurring opinion of former >ustice *bad
Santos was clearer . De said, :7n the case at bar nothing specifically
subversive has been alleged3 stated only is the claim that certain objects
were being used as instruments and means of committing the offense of
subversion punishable under !.<. ?o. ..0, as amended. 1here is no
mention of any specific provision of the decree. 7t would be legal heresy,
of the highest order, to convict anybody of violating the decree without
reference to any determinate provision thereof.
:1he obvious Auestion is: Jhy were the documents, pamphlets, leaflets,
boo8s, etc. subversiveO Jhat did they contain to ma8e them subversiveO
1here is nothing in the applications nor in the warrants which answers
the Auestions. 7 must, therefore, conclude that the warrants are general
warrants which are obno@ious to the 2onstitution.9&&
,etLs distinguish -urgos with the case of
",*5S vs. !5"!,5
100 S2+* #./ G1$.4H
E*21S: 1he caption of the search warrant states that it is in connection
with :;iolation of +* /#&0, otherwise 8nown as the <angerous <rugs
*cts of 1$4&.9 1he te@t of the warrant however says, :1here is probable
cause to believe that "laes has in his possession and control and custody
of marijuana dried stal8s)leaves)seeds)cigarettes and other
regulated)prohibited and e@empt narcotics preparations which is the
subject of the offense stated above.9 "laes argued that the warrant is a
general warrant because it does not specifically point to specific
provisions in the <angerous <rugs *ct allegedly violated.
D5,<: "laes is correct -C1 there is only one section on marijuana. So
what are we tal8ingO So, even if it is not mentioned, it is understood that
it points to marijuana. See also !eople vs. Salanguit, '0/ S2+* /$(,
/$4=/$. G&((1H
!5"!,5 vs. <72D"S"
&&' S2+* 14#
E*21S: * search warrant was issued for the seiBure, at <ichosoLs
residence, of shabu, marijuana, paraphernalia, etc. <ichoso argued that
his illegal possession of shabu, marijuana and paraphernalia are covered
by different articles and sections of the <angerous <rugs *ct. Dence, the
warrant is a general warrant.
D5,<: Marijuana is regulated, shabu is also prohibited. -ut both of
them belong to one family dangerous drugs. So they are the same.
:1he <angerous <rugs *ct of 1$4& is a special law that deals
specifically with dangerous drugs which are subsumed into RprohibitedR
and RregulatedR drugs and defines and penaliBes categories of offenses
which are closely related or which belong to the same class of species.
*ccordingly, one 1) search warrant may thus be validly issued for the
said violations of the <angerous <rugs *ct.9
!+C<5?15 vs. <*I+71
1.( S2+* /$ 1$.$)
E*21S: 1he application for search warrant was captioned: :Eor
;iolation of !< ?o. 1.// 7llegal !ossession of Eirearms, 512.)9 *nd
what were ta8en were firearms and e@plosives. 1he validity of the search
warrant was Auestioned on the ground that there are two different
violations firearms and e@plosives.
D5,<: :Such illegal possession of items destructive of life and property
are related offenses or belong to the same species, as to be subsumed
within the category of illegal possession of firearms, etc. under !.<. ?o.
1.//.9
So the word :etcetera9 covers them all.
*nother interesting case is the 1$.. case of 1wentieth 2entury Eo@ vs.
2* 1/# S2+* /00), reiterated in 2olumbia !ictures vs. Elores >une
&$, 1$$'). 7t refers to a violation of !< #$ otherwise 8nown as the
<ecree on the !rotection of 7ntellectual !roperty) on anti=film piracy
during the height of betama@ tapes.
1J5?1751D 25?1C+I E"P vs. 2"C+1 "E *!!5*,S
1/# S2+* /00
E*21S: * search warrant was issued for alleged violation of *nti=!iracy
,aw. 1he things to be seiBed were video tapes, television sets, video
cassette recorders, rewinders, tape cleaners, and almost everything.
D5,<: 1he warrant is general. 7t is void. JhyO "f course, if you seiBe
the tapes, it is proper. -ut why will you seiBe television sets, video
cassette recorders, rewinders, etcO *re they illegal objectsO
:1elevision sets, video cassette recorders, rewinders and tape cleaners
are articles which can be found in a video tape store engaged in the
legitimate business of lending or renting out betama@ tapes. 7n short,
these articles and appliances are generally connected with, or related to a
legitimate business not necessarily involving piracy of intellectual
property or infringement of copyright laws. Dence, including these
articles without specification and)or particularity that they were really
instruments in violating an *nti=!iracy law ma8es the search warrant too
general which could result in the confiscation of all items found in any
video store.9
!5"!,5 vs. 2"C+1 "E *!!5*,S
&1/ S2+* 1(1
E*21S: 1he body of the search warrant stated that the items were
:Stolen or 5mbeBBled and proceeds or fruits of the offense, used or
intended to be used as the means of committing the offense.9 So,
practically, the policeman copied the whole of Section '.
D5,<: 1he warrant is void. :1he warrant was a scatter=shot warrant that
could refer Rto robbery, theft, Aualified theft or estafa.R "n this score
alone, the search warrant was totally null and void.9
Sec. 3
Dut! of a 8udge efore issuing a Warrant
1. 9e must personall! e*amine%
1. %)e com'lainan%# and
". %)e 7i%ne&&e& %)e com'lainan% ma/ 'rodce
2. <he e*amination must e%
1. in %)e +orm o+ &earc)in( ;e&%ion& and an&7er&#
". in 7ri%in(#
*. nder oa%)# and
,. on +ac%& 'er&onall/ Ino7n %o %)em
#. <he following must e attached to the record
1. T)e &7orn &%a%emen%& o+ %)e com'lainan% and )i&
7i%ne&&e&#
". T)e a?da$i%& %)e/ &Ami%%ed
1. Searching ?uestions e*plained
Pendon 0. 2&
151 S2)& #25
-o0emer 1=, 1556
'irst Di0ision% 4edialdea, 8.
,uestion%
In de%erminin( 'roAaAle ca&e# )o7 &)old %)e eGamina%ion
Ae condc%edJ
&nswer%
T)e eGamina%ion m&% Ae 'roAin( and eG)a&%i$e# no%
merel/ ro%inar/ or pro forma, i+ %)e claimed 'roAaAle ca&e i& %o
Ae e&%aAli&)ed. T)e eGaminin( ma(i&%ra%e m&% no% &im'l/ re)a&)
%)e con%en%& o+ %)e a?da$i% A% m&% maIe )i& o7n in;ir/ on %)e
in%en% and E&%i!ca%ion o+ %)e a''lica%ion.
2. )ecords of deposition
People 0. <ee
353 S2)& #15
8anuar! 26, 2663
En 7anc% ,uisuming, 8.
'acts%
No %ran&cri'% o+ %)e de'o&i%ion& o+ %)e 7i%ne&&e& 7ere
a%%ac)ed %o %)e record& o+ %)e Searc) Warran%. 0o7e$er# no%e& o+
%)e 'roceedin(& 7ere a''aren%l/ %aIen A/ %)e ClerI o+ Cor%. In
%)e le%%er o+ %ran&mi%%al o+ %)e ClerI o+ Cor%# men%ion i& made o+
Kno%e&L a% K'a(e& =C11#L %)o() &aid no%e& cold no% Ae +ond in
%)e record&.
Issue%
I& %)e 7arran% $alidJ
9eld%
Ye&. T)e de'o&i%ion& o+ %)e 7i%ne&&e& 7ere no% a%%ac)ed %o
%)e Searc) Warran% a& re;ired A/ %)e Rle& o+ Cor%. <% %)e
'r'o&e o+ %)e Rle& in re;irin( de'o&i%ion& %o Ae %aIen i& %o
&a%i&+/ %)e eGaminin( ma(i&%ra%e a& %o %)e eGi&%ence o+ 'roAaAle
ca&e. T)e <ill o+ Ri()%& doe& no% maIe i% an im'era%i$e nece&&i%/
%)a% de'o&i%ion& Ae a%%ac)ed %o %)e record& o+ an a''lica%ion +or a
&earc) 7arran%. 0ence# &aid omi&&ion i& no% nece&&aril/ +a%al# +or
a& lon( a& %)ere i& e$idence on %)e record &)o7in( 7)a%
%e&%imon/ 7a& 're&en%ed. I% i& 're&med %)a% a Edicial +nc%ion
)a& Aeen re(larl/ 'er+ormed# aA&en% a &)o7in( %o %)e con%rar/. A
ma(i&%ra%eP& de%ermina%ion o+ 'roAaAle ca&e +or %)e i&&ance o+
a &earc) 7arran% i& 'aid (rea% de+erence A/ a re$ie7in( cor%# a&
lon( a& %)ere 7a& &A&%an%ial Aa&i& +or %)a% de%ermina%ion.
People 0. 4amaril
#26 S2)& =22
8anuar! 22, 266#
'irst Di0ision% &/cuna, 8.
'acts%
Drin( %)e %rial o+ acc&ed +or 'o&&e&&ion o+ mariEana 7)ic)
7a& &ei6ed A/ $ir%e o+ a &earc) 7arran%# %)e clerI o+ cor% o+ %)e
i&&in( RTC <ranc) %e&%i!ed %)a% %)e a$ailaAle record& %)e cor%
'o&&e&&ed do no% inclde %)e %ran&cri'% o+ %)e &earc)in( ;e&%ion&
and an&7er& made A/ %)e Ed(e in connec%ion 7i%) %)e
a''lica%ion. Acc&ed claim& %)a% %)e 7arran% 7a& ille(all/ i&&ed
Aeca&e %)ere 7a& no e$idence &)o7in( %)a% %)e re;ired
&earc)in( ;e&%ion& and an&7er& 7ere made 7)ic) i& a $iola%ion
o+ Sec. -# Rle 1"8 o+ %)e Rle& o+ Cor%.
Issue%
Wa& %)e &earc) 7arran% $alidl/ i&&edJ
9eld%
No. T)e la7 re;ire& %)a% %)e Ed(e m&%# Ae+ore i&&in( %)e
7arran%# 'er&onall/ eGamine in %)e +orm o+ &earc)in( ;e&%ion&
and an&7er&# in 7ri%in( and nder oa%)# %)e com'lainan% and %)e
7i%ne&&e& )e ma/ 'rodce on +ac%& 'er&onall/ Ino7n %o %)em and
a%%ac) %o %)e record %)eir &7orn &%a%emen%&# %o(e%)er 7i%) %)e
a?da$i%& &Ami%%ed. Since %)e clerI o+ cor% cold no% 'rodce
%)e &7orn &%a%emen%& &)o7in( %)a% %)e Ed(e eGamined %)em in
%)e +orm o+ &earc)in( ;e&%ion& and an&7er&# %)e &earc) 7arran%
i& %ain%ed 7i%) ille(ali%/ A/ %)e +ailre o+ %)e .d(e %o con+orm 7i%)
%)e e&&en%ial re;i&i%e& o+ %aIin( %)e de'o&i%ion& in 7ri%in( and
a%%ac)in( %)em %o %)e record. No 're&m'%ion o+ re(lari%/ can Ae
in$oIed in aid o+ %)e 'roce&& 7)en an o?cer nder%aIe& %o E&%i+/
i%.
S52. /. 7ssuance and form of search warrant. 7f the judge is satisfied
of the e@istence of facts upon which the application is based or that there
is probable cause to believe that they e@ist, he shall issue the warrant,
which must be substantially in the form prescribed by these +ules. 0a)
Issuance and 'orm
1. When the "udge shall issue the search warrant%
1. W)en )e i& &a%i&!ed o+ %)e eGi&%ence o+ &c) +ac%& 'on
7)ic) %)e
a''lica%ion i& Aa&ed# or
". W)en )e i& &a%i&!ed %)a% %)ere i& 'roAaAle ca&e %o
Aelie$e %)a% %)e/
eGi&%
2. 'orm of the search warrant%
I% m&% Ae &A&%an%iall/ in %)e +orm 're&criAed A/ %)e&e
Rle&
7mplementation)5nforcement of a Search Jarrant
S52. 4. +ight to brea8 door or window to effect search. 1he officer, if
refused admittance to the place of directed search after giving notice of
his purpose and authority, may brea8 open any outer or inner door or
window of a house or any part of a house or anything therein to e@ecute
the warrant to liberate himself or any person lawfully aiding him when
unlawfully detained therein.
1his is the :6noc8 and announce9 principle.
)ight to 7reaB Door or Window
1. )e?uisites for an o$cer to reaB open an! outer or
inner door or window of a house%
1. T)e o?cer (i$e& no%ice o+ )i& 'r'o&e and a%)ori%/# and
". 0e i& re+&ed admi%%ance %o %)e 'lace o+ direc%ed &earc)
2. &uthori/ed acts upon reaBing in%
1. T)e o?cer ma/ eGec%e %)e 7arran%# or
". 0e ma/ liAera%eM
1. )im&el+# or
". an/ 'er&on la7+ll/ aidin( )im 7)en nla7+ll/
de%ained %)erein
1. When to reaB door or window
People 0. 9uang Ghen 9ua
#35 S2)& 336
Septemer 25, 266#
Second Di0ision% 2alle"o, Sr., 8.
,uestion%
W)en ma/ %)e a%)ori%ie& armed 7i%) a &earc) 7arran%
AreaI o'en an/ door and en%er 7i%)o% !r&% InocIin( or
annoncin( %)eir 're&enceJ
&nswer%
In order %o E&%i+/ a KnoCInocIL en%r/# %)e 'olice m&% )a$e a
rea&onaAle &&'icion %)a% InocIin( and annoncin( %)eir
're&ence# nder %)e 'ar%iclar circm&%ance&# 7old Ae
dan(ero& or +%ile# or %)a% i% 7old in)iAi% %)e eBec%i$e
in$e&%i(a%ion o+ %)e crime A/# +or eGam'le# allo7in( %)e
de&%rc%ion o+ e$idence. T)i& &%andard T a& o''o&ed %o a
'roAaAleCca&e re;iremen%O&%riIe& %)e a''ro'ria%e Aalance
Ae%7een %)e le(i%ima%e la7 en+orcemen% concern& a% i&&e in %)e
eGec%ion o+ &earc) 7arran%& and %)e indi$idal 'ri$ac/ in%ere&%
aBec%ed A/ noCInocI en%rie&.
W)a% con&%i%%e& AreaIin( inclde& %)e li+%in( o+ a la%c)#
%rnin( a door InoA# nlocIin( a c)ain or )a&'# remo$in( a 'ro'
%o or '&)in( o'en a clo&ed door o+ en%rance %o %)e )o&e# e$en a
clo&ed &creen door.
People 0. 9uang Ghen 9ua
#35 S2)& 336
Septemer 25, 266#
Second Di0ision% 2alle"o, Sr., 8.
'acts%
A+%er InocIin( on %)e door o+ %)e condominim and callin( in
a lod $oice and (e%%in( no re&'on&e +or * %o - min%e&# %)e
'olice IicIed or '&)ed %)e door o'en and en%ered %)e 'remi&e&.
Issue%
Wa& %)e 'olice E&%i!ed in +orciAl/ AreaIin( o'en %)e door o+
%)e 'lace %o Ae &earc)edJ
9eld%
Ye&. A& %o )o7 lon( an o?cer im'lemen%in( a &earc) 7arran%
m&% 7ai% Ae+ore AreaIin( o'en an/ door canno% Ae di&%illed in%o
a con&%i%%ional &%o'7a%c). Eac) ca&e )a& %o Ae decided on a
ca&eC%oCca&e Aa&i& re;irin( an eGamina%ion o+ all %)e
circm&%ance&. T)e 'ro'er %ri((er 'oin% in de%erminin(# nder %)e
KInocI and annonceL rle# 7)e%)er %)e 'olice 7ai%ed lon(
eno() Ae+ore en%erin( %)e re&idence %o eGec%e a 7arran%# i&
7)en %)o&e in&ide &)old )a$e Aeen aler%ed %)a% %)e 'olice
7an%ed en%r/ %o eGec%e a 7arran%. In %)i& ca&e# 7e rle %)a% %)e
'olicemen com'lied 7i%) Sec. =# Rle 1"8 o+ %)e Rle& on Criminal
Procedre Ae+ore en%erin( %)e condominim ni%.
S52. .. Search of house, room, or premises to be made in presence of
two witnesses. ?o search of a house, room, or any other premises shall
be made e@cept in the presence of the lawful occupant thereof or any
member of his family or in the absence of the latter, two witnesses of
sufficient age and discretion residing in the same locality. 4a)
Who must e Present during a Search
1. T)e la7+l occ'an% o+ %)e )o&e# room or 'remi&e&# or
". An/ memAer o+ )i& +amil/# or
*. In %)eir aA&ence T 4"5 7i%ne&&e& o+ &?cien% a(e and di&cre%ion
re&idin( in %)e &ame locali%/

1. Presence of occupants
People 0. del 2astillo
#35 S2)& =61
Septemer 36, 266#
Second Di0ision% &utria.4artine/, 8.
'acts%
W)en %)e 'olice &earc)ed %)e )o&e# %)e/ ordered %)e
occ'an%& %o remain &ea%ed in %)e sala. T)e 'olice# )o7e$er# 7ere
accom'anied A/ baranga" tanods 7)o ac%ed a& 7i%ne&&e& 7)en
%)e &earc) 7a& (oin( on in %)e ''er and lo7er 'or%ion& o+ %)e
)o&e.
Issue%
Wa& %)ere &?cien% com'liance 7i%) Sec. D# Rle 1"8 o+ %)e
Rle& o+ Cor%J
9eld%
No. T)e &earc) o+ %)e )o&e m&% Ae done in %)e 're&ence o+
%)e la7+l occ'an%& and i% i& onl/ in %)e aA&ence o+ %)e +ormer
%)a% " 7i%ne&&e& o+ &?cien% a(e and di&cre%ion re&idin( in %)e
&ame locali%/ ma/ Ae called 'on %o 7i%ne&& %)e &earc). W)ile
acc&ed and %)e o%)er occ'an%& o+ %)e )o&e 7ere 're&en%
drin( %)e &earc)# %)e/ 7ere no% allo7ed %o ac%all/ 7i%ne&& %)e
&earc) o+ %)e 'remi&e&. T)e/ &)old Ae %)e one& %)a% &)old )a$e
accom'anied %)e 'olicemen 7)ile %)e &earc) 7a& Aein( done and
no% &A&%i%%ed A/ %)e baranga" tanods in %)eir &%ead. Sc) a
'rocedre# 7)ereA/ %)e 7i%ne&&e& 're&criAed A/ la7 are
're$en%ed +rom ac%all/ oA&er$in( and moni%orin( %)e &earc) o+
%)e 'remi&e&# $iola%e& Ao%) %)e &'iri% and %)e le%%er o+ %)e la7.
+emember there is a similar provision in the +!2 violation of
domicile). 5ven if there is a search warrant, you cannot search the house
without the presence of the owner or the occupant of the house. "r if
nobody is around, the searching officer must secure & witnesses, &
members of the neighborhood. 1hey cannot search on their own without
any witnesses.
F: Jhat is the reasonO
*: 7n order that the searching party will not just get anything which is
not the subject of the warrant. 1his usually happens. Iou are supposed to
search for marijuana, but you brought along the refrigerator. "ne reason
also is to prevent the planting of evidence.
"ne interesting case here is
FC7?15+" vs. ?-7
1/& S2+* #/4
&/
E*21S: ?-7 raiders went to search a house by virtue of a search
warrant. Jhat the ?-7 did, because there were so many rooms, was they
conducted the search simultaneously. "ne ?-7 searching the room and
the other in another room.
D5,<: 1hat type or procedure is wrong because how can the witnesses
be present everytime the search is made when one is in the other room
and the others in another room. :Such a procedure, wherein members of
a raiding party can roam around the raided premises unaccompanied by
any witness, as the only witnesses available as prescribed by law are
made to witness a search conducted by the other members of the raiding
party in another part of the house, is held to be violative of both the
spirit and the letter of the law, which provides that no search of a house,
room, or any other premises shall be made e@cept in the presence of at
least one competent witness, resident of the neighborhood.9
S52. $. 1ime of ma8ing search. 1he warrant must direct that it be
served in the day time, unless the affidavit asserts that the property is on
the person or in the place ordered to be searched, in which case a
direction may be inserted that it be served at any time of the day or
night. .)
<oes the validity of a search warrant prescribeO
S52. 1(. ;alidity of search warrant. * search warrant shall be valid for
ten 1() days from its date. 1hereafter, it shall be void. $a)
* search warrant has a lifetime only of ten 1() days. 2ompare that with
the lifetime of a warrant of arrest under Section # of +ule 11'. Cnder
+ule 11', the 1(=day period does not mean to say that the warrant of
arrest is only good for 1( days. 7t is only a directive that you will enforce
it within 1( days. 7f you cannot arrest, 8eep it and try to arrest the
accused in the future.
-ut a search warrant, is different. *fter 1( days from its date, it shall be
void.
<oes this mean to say that you can use a search warrant everyday for 1(
daysO
?". Iou can use it once for 1( days. -ut it does not mean you can use it
everyday or for the ne@t 1( days.
4ultiple ser0ice of warrant
MCS1*?% ,CM-5+, 7?2. vs. 2"C+1 "E *!!5*,S
&04 S2+* #'( G1$$/H
E*21S: "n *pril ', 1$$(, a search warrant was issued and a team of
<5?+ operatives searched the premises of Mustang ,umber in
;alenBuela Metro Manila on the same date. ?ot being able to complete
the search on said date it was continued the ne@t day.
7s the search on *pril # a warrantless searchO
D5,<: :Je also affirm the rulings of both the trial court and the 2ourt
of *ppeals that the search on *pril #,1$$( was a continuation of the
search on *pril ', 1$$( done under and by virtue of the search warrant
issued on *pril ',1$$(. Cnder section $, +ule 1&/ of) the +ules of
2ourt, a search warrant has a lifetime of ten days. Dence, it could be
served at any time within the said period, and if its object or purpose
cannot be accomplished in one day, the same may be continued under
the same warrant the following day, provided it is still within the ten day
period.9
Jhat must the searching officer do to the property seiBedO
S52. 11. +eceipt for the property seiBed. 1he officer seiBing the
property under the warrant must give a detailed receipt for the same to
the lawful occupant of the premises in whose presence the search and
seiBure were made, or in the absence of such occupant, must, in the
presence of at least two witnesses of sufficient age and discretion
residing in the same locality, leave a receipt in the place in which he
found the seiBed property. 1(a)
Aligation of A$cer Sei/ing Propert! under a Warrant
1. 9e must gi0e a detailed receipt for the propert! sei/ed
2. <he receipt%
1. m&% Ae (i$en %o %)e la7+l occ'an% o+ %)e 'remi&e& in
7)o&e 're&ence
%)e &earc) and &ei6re 7ere made# or
". in %)e aA&ence o+ &c) occ'an%# m&% Ae le+% in %)e 'lace
in 7)ic) %)e
&ei6ed 'ro'er%/ i& +ond# in %)e 're&ence o+ a% lea&% "
7i%ne&&e& o+ &?cien%
a(e and di&cre%ion re&idin( in %)e &ame locali%/
1. Witness to the receipt
,uintero 0. -7I
1=2 S2)& #=5
8une 23, 1511
Second Di0ision% Padilla, 8.
Issue%
W)ere %)e occ'an%& o+ %)e 'lace %o Ae &earc)ed 7ere no%
ac%all/ 're&en% drin( %)e &earc)# ma/ a memAer o+ %)e
&earc)in( 'ar%/ &i(n %)e recei'%J
9eld%
No. T)e 'rocedre i& irre(lar +or +ailre %o com'l/ 7i%) Sec.
11# Rle 1"8 o+ %)e Rle& o+ Cor%. T)e recei'% i&&ed A/ %)e
&ei6in( 'ar%/ in %)e ca&e a% Aar &)o7ed %)a% i% 7a& &i(ned A/ a
7i%ne&&# S(%. I(nacio Veracr6. T)i& 'er&on 7a& a 'oliceman +rom
%)e 1anila 1e%ro'oli%an Police# 7)o accom'anied %)e a(en%& o+
N<I drin( %)e condc% o+ %)e &earc). T)i& re;iremen% o+ %)e
Rle& 7a& rendered n(a%or/# 7)en %)e one 7)o a%%e&%ed %o %)e
recei'% +rom %)e raidin( 'ar%/ 7a& )im&el+ a memAer o+ %)e
raidin( 'ar%/.
2. Signing of receipt ! accused
People 0. del 2astillo
#35 S2)& =61
Septemer 36, 266#
Second Di0ision% &ustria.4artine/, 8.
'acts%
A+%er %)e )o&e 7)ere acc&ed &%a/ed 7a& &earc)ed A/
$ir%e o+ a 7arran%# %)e 'olice a&Ied )er %o &i(n an in$en%or/ o+
%)e ar%icle& &ei6ed# 7)ic) inclded a ;an%i%/ o+ K&)aAL.
Issue%
Con&iderin( %)a% acc&ed 7a& no% a&&i&%ed A/ con&el# i& %)e
recei'% admi&&iAle in e$idenceJ
9eld%
No. Acc&ed 7a& %)e $ic%im o+ a cle$er r&e %o maIe )im &i(n
%)e alle(ed recei'% 7)ic) in eBec% i& an eG%raCEdicial con+e&&ion
o+ %)e commi&&ion o+ %)e oBen&e. Indeed i% i& n&al +or acc&ed
%o Ae made %o &i(n recei'%& +or 7)a% 7ere %aIen +rom )im. I% i& %)e
'olice o?cer& 7)o con!&ca%ed %)e &ame 7)o &)old )a$e &i(ned
&c) recei'%&. No doA% %)i& i& a $iola%ion o+ %)e con&%i%%ional
ri()% o+ %)e acc&ed %o remain &ilen% 7)ereA/ )e 7a& made %o
admi% %)e commi&&ion o+ %)e oBen&e 7i%)o% in+ormin( )im o+ )i&
ri()%. Sc) a con+e&&ion oA%ained in $iola%ion o+ %)e Con&%i%%ion i&
inadmi&&iAle in e$idence.
S52. 1&. <elivery of property and inventory thereof to court3 return and
proceedings thereon. a) 1he officer must forthwith deliver the
property seiBed to the judge who issued the warrant, together with a true
inventory thereof duly verified under oath.
b) 1en 1() days after issuance of the search warrant, the issuing judge
shall ascertain if the return has been made, and if none, shall summon
the person to whom the warrant was issued and reAuire him to e@plain
why no return was made. 7f the return has been made, the judge shall
ascertain whether section 11 of this +ule has been complied with and
shall reAuire that the property seiBed be delivered to him. 1he judge shall
see to it that subsection a) hereof has been complied with.
c) 1he return on the search warrant shall be filed and 8ept by the
custodian of the log boo8 on search warrants who shall enter therein the
date of the return, the result, and other actions of the judge.
* violation of this section shall constitute contempt of court. 11a)
Duties after Issuance of Warrant
1. &fter Sei/ure + %)e o?cer m&% +or%)7i%) deli$er %o %)e Ed(e
7)o i&&ed %)e 7arran%M
1. %)e 'ro'er%/ &ei6ed#
". %o(e%)er 7i%) a %re in$en%or/ %)ereo+ dl/ $eri!ed nder
oa%)
2. Dut! of the "udge after issuance of search warrant + 1>
da/& a+%er i&&ance o+ %)e &earc) 7arran%# )e &)all a&cer%ain i+ %)e
re%rn )a& Aeen madeM
1. i+ no re%rn )a& Aeen made T %)e Ed(e &)all &mmon %)e
'er&on %o
7)om %)e 7arran% 7a& i&&ed and re;ire )im %o eG'lain
7)/
". i+ %)e re%rn )a& Aeen made T %)e Ed(e &)allM
1. a&cer%ain 7)e%)er a recei'% )a& Aeen i&&ed +or %)e
i%em& &ei6ed 4Sec. 115#
". re;ire %)a% %)e 'ro'er%/ &ei6ed Ae deli$ered %o )im#
and
*. &ee %o i% %)a% %)a% %)e 'ro'er%/ &ei6ed# %o(e%)er 7i%)
a %re in$en%or/ dl/ $eri!ed nder oa%)# Ae deli$ered
%o )im
3. Dut! of the custodian of the log ooB on search
warrants%
1. 0e &)all !le and Iee' %)e re%rn o+ %)e &earc) 7arran%#
". 0e &)all en%er in %)e lo( AooIM
1. %)e da%e o+ re%rn#
". %)e re&l%# and
*. o%)er ac%ion& o+ %)e Ed(e
#. 2onse?uence of 0iolation of Sec. 12%
I% &)all con&%i%%e con%em'% o+ cor%
1. 2ustod! of issuing court
People 0. del 2astillo
#35 S2)& =61
Septemer 36, 266#
Second Di0ision% &ustria.4artine/, 8.
'acts%
A+%er %)e 'olice o?cer& &ei6ed %)e Kshabu5 A/ $ir%e o+ a
&earc) 7arran%# %)e/ deli$ered i% %o %)e PNP Crime LaAora%or/ +or
eGamina%ion# in&%ead o+ %)e cor% i&&in( %)e &earc) 7arran%.
Issue%
I& %)e 'rocedre 'ro'erJ
9eld%
No. Trial cor%& are Ino7n %o %aIe Edicial no%ice o+ %)e
'rac%ice o+ %)e 'olice in re%ainin( 'o&&e&&ion o+ con!&ca%ed
&'ecimen& &&'ec%ed o+ Aein( mariEana A/ immedia%el/
+or7ardin( %)em %o %)e N<I +or eGamina%ion Ae+ore !lin( a ca&e
7i%) %)e ci%/ 'ro&ec%orP& o?ce. T)e mere %olerance A/ %rial
cor%& o+ &c) a 'rac%ice doe& no% maIe i% ri()%. T)i& $iola%e& %)e
manda%or/ re;iremen%& o+ %)e la7 and de+ea%& %)e $er/ 'r'o&e
+or 7)ic) %)e/ 7ere enac%ed. S'ecla%ion& a& %o %)e 'roAaAili%/ o+
%am'erin( 7i%) %)e e$idence canno% %)en Ae a$oided.
T)e ca&e o+ Fee !ue Go" vs. Almeda 2=> P)il 1,13 i& ci%ed %o
E&%i+/ re%en%ion A/ %)e 'olice and %)e N<I o+ %)e c&%od/ o+ %)e
alle(edl/ con!&ca%ed &'ecimen&. In &aid deci&ion# %)e SC
reco(ni6ed %)e +ac% %)a% %)e oAEec%& &ei6ed 7ere re%ained A/ %)e
a(en%& o+ %)e An%iCU&r/ <oard# in&%ead o+ Aein( %rned o$er %o
%)e .&%ice o+ %)e Peace. 0o7e$er# %)e SC al&o )eld %)a% i% 7a& K+or
%)e rea&on %)a% %)e c&%od/ o+ &aid a(en%& i& %)e c&%od/ o+ %)e
i&&in( o?cer or cor%# %)e re%en%ion )a$in( Aeen a''ro$ed A/
%)e la%%er.L
T)&# a''ro$al A/ %)e cor% 7)ic) i&&ed %)e &earc) 7arran%
i& nece&&ar/ +or %)e re%en%ion o+ %)e 'ro'er%/ &ei6ed A/ %)e 'olice
o?cer&9 and onl/ %)en 7ill %)eir c&%od/ Ae con&idered c&%od/ o+
%)e cor%. AA&en% &c) a''ro$al# %)e 'olice o?cer& )a$e no
a%)ori%/ %o re%ain 'o&&e&&ion o+ %)e mariEana and more &o# %o
deli$er %)e 'ro'er%/ %o ano%)er a(enc/# liIe %)e N<I.
<enorio 0. 2&
#13 S2)& 23:
Actoer 16, 2663
Second Di0ision% 2alle"o, Sr., 8.
'acts%
T)e 1TC i&&ed a &earc) 7arran% +or %)e &ei6re o+ $ario&
elec%ronic i%em& in $iola%ion o+ %)e TariB and C&%om& Code. T)e
&ei6ed i%em& 7ere %rned o$er %o %)e Le(al and In$e&%i(a%ion S%aB
En+orcemen% and Secri%/ Ser$ice o+ %)e <rea o+ C&%om&#
in&%ead o+ %)e i&&in( cor%.
Issue%
W)o &)old )a$e c&%od/ o+ %)e &ei6ed i%em&J
9eld%
T)e d%/ o+ %)e &earc)in( o?cer& %o deli$er %)e i%em& &ei6ed
A/ )im %o %)e cor% 7)ic) i&&ed %)e &earc) 7arran% i& manda%or/
in c)arac%er. T)i& i& e$iden% A/ %)e &e in %)e rle o+ %)e 7ord
Km&%.L T)e re;iremen% i& %o 'reclde &A&%i%%ion o+ %)e i%em&
&ei6ed A/ in%ere&%ed 'ar%ie& or %)e %am'erin( %)ereo+# or %)e lo&&
o+ &c) (ood& de %o %)e ne(li(ence o+ %)e o?cer& eBec%in( %)e
&ei6re or %)eir deliAera%e ac%&. Sc) o?cer& ma/ no% re%ain
'o&&e&&ion and c&%od/ o+ %)e i%em& &ei6ed nle&& 7i%) %)e
a''ro$al o+ %)e cor% %)a% i&&ed %)e 7arran%. AA&en% &c)
a''ro$al# %)e &aid o?cer& )ad no a%)ori%/ %o deli$er %)e i%em&
&ei6ed %o ano%)er 'er&on or a(enc/ o+ %)e (o$ernmen%. I+ %)e
i%em& &ei6ed are deli$ered %o o%)er& or ano%)er (o$ernmen%
a(enc/ 7i%)o% %)e a''ro$al o+ %)e cor% %)a% i&&ed %)e &earc)
7arran%# (ood& are no% con&idered in %)e c&%od/ o+ %)e cor%. I+
%)e o?cer& en+orcin( %)e 7arran% re+&e %o %rn o$er %)e (ood&#
a& ordered A/ %)e cor%# %)e/ ma/ Ae ci%ed +or indirec% con%em'%.
F: *fter the search warrant has been implemented, what happens ne@tO
*: Cnder Section 11, the officer must give a receipt to the owner or
person from whom he too8 it or to the witness. *nd under Section 1&
GaH, the officer must forthwith deliver the properties seiBed to the judge
who issued the warrant together with a true inventory thereof duly
verified under oath. So, receipt and then deliver.
1here are two new paragraphs, inserted in Section 1&Sparagraphs GbH
and GcH that there is a deadline for the officer to submit this report and
to ma8e a return of the warrant. 1here is a deadline for him to do that.
*nd the last portion of Section 1& says:
:* violation of this section shall constitute contempt of court.9
,etLs go to some interesting cases regarding these personal properties
subject of a search warrant.
J*SD7?%1"? <7S17,,5+S 7?2. vs. 2"C+1 "E *!!5*,S
&/( S2+* .&1 G1$$/H
E*21S: 1his involves a controversy between Jashington <istillers and
,a 1ondeTa <istillers. "bviously, their products are spirits and wine.
*ccording to ,a 1ondeTa <istillers, the bottles that Jashington
<istillers uses for their products are actually ,a 1ondeTa bottles. 1hey
buy empty bottles, clean them, and use them to serve their products. ,a
1ondeTa complained because those are their bottles.
"ne of the issues here is whether you can still claim the bottles,
considering that they have been paid for when bought by customers.
So ,a 1ondeTa decided to apply for a search warrant to raid the
premises of Jashington <istillers to recover all these bottles. *nd there
was really a raid and so many bottles where ta8en from the premises of
Jashington <istillers. *ll those bottles were turned over to ,a 1ondeTa.
?ow, Jashington <istillers Auestioned the act of turning over the bottles
to ,a 1ondeTa Auestioning the ownership of said bottles.
D5,<: Jashington <istillers was sustained. 7f the issue is ownership
there should be another case for replevin. "r, the bottles are in the
possession of the government, the ,a 1ondeTa should file action for
interpleader to determine who really owns the bottles. -ut you cannot
use a mere search warrant to resolve the issue of ownership. * search
warrant is only to get the property, but it does not have the same effect as
a writ of replevin.
:* search warrant proceeding is not a criminal action, much less a civil
action. 7t is a special criminal process, the order of issuance of which
cannot and does not adjudicate the permanent status or character of the
seiBed property. 7t cannot therefore be resorted to, as was done here by
,a 1ondeTa <istillers, as a means of acAuiring property or of settling a
dispute over the same. 1he proper remedy is for private respondent or
for the %overnment itself, assuming the role of a sta8eholder, to bring
the appropriate action.9

1here is also another interesting issue in the case of Jashington
<istillers which was also raised:
J*SD7?%1"? <7S17,,5+S 7?2. vs. 2* supra)
E*21S: *ccording to MendoBa, the application for search warrant is
void or it should have been rejected because when the peace officer
applied for the search warrant, there was no certification on non=forum
shopping.
,a 1ondena argued that said rule is not applicable be cause it is not
filing a complaint or a petition where 7 will include a certification on
non=forum shopping. 1his is just an application for a search warrant.9
7SSC5: <oes the rule on non=forum shopping certification also apply to
search warrantO
D5,<: I5S, because does the law reAuires parties to certify under oath
that they have not :theretofore commenced any other action or
proceeding involving the same issues in the Supreme 2ourt, the 2ourt of
*ppeals, or any other tribunal or agency9 and that to the best of their
8nowledge :no such action or proceeding is pending9 in said courts or
agencies.
:7ndeed, the policy against multiple court proceedings clearly applies to
applications for search warrants. 7f an application for search warrant can
be filed even where there are other applications pending or denied in
other courts, the situation would become intolerable.9 *nd what is the
certification Nthat 7 have not filed any other action or proceedingL. *n
application for a search warrant is a court proceeding which is covered
by the rule on forum shopping.
J*++*?1,5SS S5*+2D *?< S57MC+5
S52. 1'. Search incident to lawful arrest. * person lawfully arrested
may be searched for dangerous weapons or anything which may have
been used or constitute proof in the commission of an offense without a
search warrant. 1&a)
Search Incident to a Hawful &rrest
1. What ma! e done to a person lawfull! arrested%
0e ma/ Ae &earc)ed 7i%)o% a &earc) 7arran%
2. What he ma! e searched for%
1. Dan(ero& 7ea'on&# or
". An/%)in( 7)ic) ma/ )a$e Aeen &ed or con&%i%%e 'roo+ in
%)e
commi&&ion o+ an oBen&e
Re;i&i%e&M
a. T)e arre&% i& $alid9
A. T)e &earc) i& con%em'oraneo& %o %)e arre&%9 and
c. I% i& 7i%)in %)e 'ermi&&iAle area
T)a% i& 7)/ in mo&% ca&e& in$ol$in( &earc) and &ei6re&#
%)e %ar(e% o+ %)e 'er&on a(ain&% 7)om &ome%)in( i& %aIen
i& %)e $alidi%/ o+ %)e arre&%. <eca&e once )e can 'ro$e
%)a% %)e arre&% i& no% $alid# %)en a%oma%icall/ %)e
accom'an/in( &earc) i& no% al&o $alid. No $alid arre&%
mean& no $alid &earc) and &ei6re.
O%)er +ac%or& %o Ae %aIen in%o con&idera%ionM
a. SAEec% T %)e 'er&on o+ %)e &&'ec% and %)e 'remi&e&
7i%)in )i&:)er immedia%e con%rol and %)e %)in(& %o Ae
&ei6ed are limi%ed %o Kdan(ero& 7ea'on&L or
Kan/%)in( 7)ic) ma/ Ae &ed a& 'roo+ o+ %)e
commi&&ion o+ %)e oBen&eL9
A. TimeC m&% Ae con%em'oraneo& %o %)e la7+l arre&%
or %)e &earc) m&% Ae condc%ed a% aAo% %)e %ime o+
%)e arre&% or immedia%el/ %)erea+%er9
c. Place T a% %)e 'lace o+ arre&%
1. Dalid warrantless searches
People 0. (on/ales
3=3 S2)& 1:
Septemer 12, 2661
Second Di0ision% ,uisuming, 8.
,uestion%
In 7)a% in&%ance& ma/ a $alid &earc) 7i%)o% a 7arran% Ae
condc%edJ
&nswer%
T)e con&%i%%ional 'ro&cri'%ion a(ain&% 7arran%le&& &earc)e&
and &ei6re& admi%& o+ cer%ain le(al and Edicial eGce'%ion&# a&
+ollo7&M 213 7arran%le&& &earc) inciden%al %o a la7+l arre&%
reco(ni6ed nder Sec. 1"# Rle 1"8 o+ %)e Rle& o+ Cor% and A/
're$ailin( Eri&'rdence9 2"3 &ei6re o+ e$idence in 'lain $ie79 2*3
&earc) o+ a mo$in( $e)icle9 2,3 con&en%ed 7arran%le&& &earc)9 2-3
c&%om& &earc)9 283 &%o' and +ri&I9 and 2=3 eGi(en% and
emer(enc/ circm&%ance&.
2. Search incident to lawful arrest
4acalat 0. 2&
213 S2)& 135
Decemer 12, 155:
En 7anc% Da0ide, 8r., 8.
,uestion%
W)a% i& %)e re;iremen% in a &earc) inciden% %o a la7+l
arre&%J
&nswer%
T)e la7 re;ire& %)a% %)ere !r&% Ae a la7+l arre&% Ae+ore a
&earc) can Ae made T %)e 'roce&& canno% Ae re$er&ed. A% Ao%%om#
a&&min( a $alid arre&%# %)e arre&%in( o?cer ma/ &earc) %)e
'er&on o+ %)e arre&%ee and %)e area 7i%)in 7)ic) %)e la%%er ma/
reac) +or a 7ea'on or +or e$idence %o de&%ro/# and &ei6e an/
mone/ or 'ro'er%/ +ond 7)ic) 7a& &ed in %)e commi&&ion o+
%)e crime# or %)e +ri% o+ %)e crime# or %)a% 7)ic) ma/ Ae &ed a&
e$idence# or 7)ic) mi()% +rni&) %)e arre&%ee 7i%) %)e mean& o+
e&ca'in( or commi%%in( $iolence.
People 0. 2hua
35= S2)& =3:
'eruar! #, 2663
'irst Di0ision% >nares.Santiago, 8.
'acts%
A% 1>M>> oPclocI in %)e e$enin(# 'olicemen recei$ed a re'or%
%)a% acc&ed 7a& aAo% %o deli$er dr(& %)a% ni()% a% T)nder Inn
0o%el in An(ele& Ci%/. Immedia%el/# %)e 'olice &en% a %eam %o %)e
'lace. A% 11M,- %)a% e$enin(# acc&ed arri$ed and 'arIed )i& car
near %)e en%rance o+ %)e )o%el# %)en ali()%ed carr/in( a &ealed
Ue&%CO Eice AoG. T)e 'olice acco&%ed )im. T)e AoG acc&ed
carried con%ained " &mall %ran&'aren% 'la&%ic Aa(& 7i%) almo&% "
Iilo& o+ K&)aAL and Alle%& +or ."" caliAer !rearm.
Issue%
Wa& %)ere a 7arran%le&& $alid &earc) and &ei6reJ
9eld%
No. T)e &earc) doe& no% +all nder %)e K&earc) inciden% %o a
la7+l arre&%L eGce'%ion. For %)e eGce'%ion %o a''l/# %)ere m&% Ae
a la7+l arre&% 7)ic) can onl/ occr i+ %)e 'er&on %o Ae arre&%ed
)a& commi%%ed# i& ac%all/ commi%%in( or aAo% %o commi% a crime
in %)e 're&ence o+ %)e arre&%in( o?cer&. In %)i& ca&e# %)ere 7a& no
o$er% mani+e&%a%ion %)a% acc&ed 7a& commi%%in( a crime. In 3in
Hagrante delicto5 arre&%&# KreliaAle in+orma%ionL alone# aA&en% an/
ac% o+ a +elonio& en%er'ri&e# in %)e 're&ence o+ %)e arre&%in(
o?cer# i& no% &?cien% %o con&%i%%e 'roAaAle ca&e %)a% cold
E&%i+/ %)e arre&%. Similarl/# %)ere 7a& no $alid K&%o'CandC
+ri&IL&earc). For %)i& eGce'%ion %o a''l/# %)e &earc) and &ei6re
m&% 'recede %)e arre&%. In %)i& ca&e# acc&ed 7a& !r&% arre&%ed
Ae+ore )e 7a& &earc)ed and %)e alle(ed ille(al i%em& +ond in )i&
'o&&e&&ion.
People 0. Sarap
355 S2)& 363
4arch 2=, 2663
'irst Di0ision% >nares.Santiago
'acts%
In %)e cor&e o+ im'lemen%in( a &earc) 7arran% +or
'o&&e&&ion o+ mariEana# %)e 'olice arre&%ed * 7omen. Drin(
%)eir in$e&%i(a%ion# %)e * 7omen in+ormed %)e 'olice %)a% Sara'
7a& %)e &''lier o+ %)e mariEana and %)a% &)e 7old Ae AacI "
da/& la%er. Accordin(l/# on da%e men%ioned# 'olicemen 7en% %o %)e
)o&e 7)ere Sara' 7a& eG'ec%ed. W)en %)e/ arri$ed# %)e/ &a7
Sara' 7alIin( in %)e alle/ near %)e )o&e. T)e 'olice AlocIed )er
'a%) and &ei6ed +rom )er a (reen Aa( 7)ic) con%ained mariEana.
Issue%
Wa& %)ere a $alid 7arran%le&& &earc) and &ei6reJ
9eld%
No. T)e 'olice canno% eBec% a la7+l &earc) &ince Sara' 7a&
no% la7+ll/ arre&%ed. W)en %)e 'olice arre&%ed )er# Sara' 7a& no%
commi%%in( a crime in %)eir 're&ence. S)e 7a& merel/ 7alIin(. I+
no% +or %)e iden%i!ca%ion A/ %)eir in+orman%# %)e 'olice cold no%
)a$e arre&%ed Sara'. 1oreo$er# i% 7a& onl/ a+%er %)e in+orman%
'oin%ed %o Sara' %)a% %)e 'olice &&'ec%ed %)a% %)e Aa( &)e 7a&
)oldin( con%ained mariEana. T)e 'olice cold )a$e &ecred a
&earc) 7arran% 7)en %)e/ learned " da/& earlier %)a% Sara' 7old
Ae AacI. T)e 'er&on in%ended %o Ae &earc)ed )ad Aeen
'ar%iclari6ed and %)e %)in( %o Ae &ei6ed &'eci!ed. T)e %ime 7a&
al&o &?cien%l/ a&cer%ained.
3. Scope of the search
Espano 0. 2&
211 S2)& 331
&pril 1, 1551
<hird Di0ision% )omero, 8.
,uestion%
W)a% i& %)e &co'e o+ a &earc) inciden% %o a $alid arre&%J
&nswer%
A 7arran%le&& &earc) inciden%al %o a la7+l arre&% ma/ Ae
made +or %)e &ei6re o+ dan(ero& 7ea'on& or an/%)in( 7)ic)
ma/ Ae &ed a& 'roo+ o+ %)e commi&&ion o+ an oBen&e. I% ma/
eG%end Ae/ond %)e 'er&on o+ %)e one arre&%ed %o inclde %)e
'remi&e& or &rrondin(& nder )i& immedia%e con%rol.
#. Specifc instances
a. Search after u!.ust operation
People 0. 2he 2hun <ing
321 S2)& 352
4arch 21, 2666
En 7anc% 7ellosillo, 8.
'acts%
A& &oon a& acc&ed &%e''ed o% and )andled %)e K&)aAL %o
a A/er in a A/CA&% o'era%ion E&% o%&ide %)e door o+ Uni% 1""
o+ RoGa& Sea+ron% Garden in Pa&a/ Ci%/# %)e 'olice arre&%ed )im.
T)e 'olice %)en 'roceeded %o &earc) Uni% 1"" and a% %)e &econd
Noor +ond 'la&%ic Aa(& con%ainin( -#-=D.D (ram& o+ &)aA. Uni%
1"" Aelon(ed %o %)e (irl+riend o+ acc&ed.
Issue%
Wa& %)ere a $alid 7arran%le&& &earc) and &ei6reJ
9eld%
No. For a &earc) inciden% %o a la7+l arre&% %o Ae $alid# %)e
&earc) m&% )a$e Aeen condc%ed a% aAo% %)e %ime o+ %)e arre&%
or immedia%el/ %)erea+%er and onl/ a% %)e 'lace 7)ere %)e &&'ec%
7a& arre&%ed# or %)e 'remi&e& or &rrondin( nder )i& immedia%e
con%rol. In %)i& ca&e# acc&ed 7a& arre&%ed in %)e ac% o+ deli$erin(
&)aA o%&ide Uni% 1"". 1oreo$er# Uni% 1"" 7a& no% e$en )i&
re&idence A% %)a% o+ )i& (irl+riend and %)a% )e 7a& merel/ a
&oEorner %)ere. 0ence# i% can )ardl/ Ae &aid %)a% %)e inner 'or%ion
o+ %)e )o&e con&%i%%ed a 'ermi&&iAle area 7i%)in )i& reac) or
immedia%e con%rol %o E&%i+/ a 7arran%le&& &earc).
. Search of a parBed 0ehicle after arrest
People 0. <i Won 2hua
#63 S2)& 216
8ul! 1, 2663
<hird Di0ision% Puno, 8.
'acts%
Drin( %)e en+orcemen% o+ %)e &earc) 7arran% on A'ar%men%
Uni% ,C<# %)e a%)ori%ie& al&o &earc)ed a 0onda Ci$ic car 7i%)
Pla%e No. WCP 1-=# 'arIed alon( 1a&an(Ia/ S%ree%# re(i&%ered in
%)e name o+ %)e 7i+e o+ acc&ed and +ond , 'la&%ic Aa(&
con%ainin( 8."",* (ram& o+ &)aA# 7)ic) 7ere liIe7i&e
con!&ca%ed.
Issue%
Wa& %)e &earc) o+ %)e car $alidJ
9eld%
No. T)e car 7a& no% 'ar% o+ %)e de&cri'%ion o+ %)e 'lace %o Ae
&earc)ed men%ioned in %)e 7arran%. 1oreo$er# %)e &earc) o+ %)e
car 7a& no% inciden%al %o a la7+l arre&%. To Ae $alid# &c)
7arran%le&& &earc) m&% Ae limi%ed %o %)a% 'oin% 7i%)in %)e reac)
or con%rol o+ %)e 'er&on arre&%ed# or %)a% 7)ic) ma/ +rni&) )im
7i%) %)e mean& o+ commi%%in( $iolence or o+ e&ca'in(. In %)i&
ca&e# %)e arre&% 7a& made in&ide %)e a'ar%men%# 7)erea& %)e car
7a& 'arIed a +e7 me%er& a7a/ +rom %)e Aildin(.
F: Jhen may a search and seiBure be effected without a search warrantO
Cnder Section 1', when it is merely incidental to a lawful arrest. *
person lawfully arrested may be searched for dangerous weapons or
anything which may be used or constitute proof in the commission of an
offense without a search warrant.
1his is because itLs absurd, if 7Lm arresting a criminal by virtue of a
warrant, or the arrest is valid with no warrant and he might be holding a
gun or a 8nife. 7f you do not search him, he might stab the arresting
officer. *nd it would be absurd to say, :o8, you can arrest me because of
your warrant of arrest, but you cannot search me because you have no
search warrant.9 So you as8 the policeman to go bac8 to court to get the
search warrant. 1hereLs something wrong there.
1hat is why in most cases involving search and seiBures, the target of the
person against whom something is ta8en is the validity of the arrest.
-ecause once he can prove that the arrest is not valid, then automatically
the accompanying search is not also valid. ?o valid arrest means no
valid search and seiBure
"ther 2ases:
CI 6D5I 15?% vs. ;7,,*+5*,
#& !D7, ../
E*21S: 1his is a very old case, already as8ed in the bar. 1here was a
search warrant issued by the court to search a building somewhere in
2hinatown in -inondo, Manila on the ground that there was opium or
other drugs in that house. So the raiding party went to the house and
announced to the owner that they have a search warrant. So the owner
had no choice but to allow the search. 1hey searched the premises, they
did not find any opium. -ut, instead, what they found were firearms
unlicensed firearms. *nd because they discovered the presence of these
firearms, they arrested the accused for illegal possession of firearms and
seiBed all his firearms.
1here were two Auestions which were as8ed in the barS
7SSC5 Q1: 2an the peace officers seiBe the firearms by virtue of the
search warrantO
D5,<: ?", -ecause a search warrant can only issue for one offense.
1he offense was possession of opium or drugs. 7t cannot be used to seiBe
firearms. So the firearms cannot be seiBed by virtue of the warrant.
7SSC5 Q&: Jould you say therefore that the seiBure of these firearms is
illegalO
D5,<: ?". 7t is valid because in the course of their search for opium,
they discovered another crime illegal possession of firearms. *nd since
they discovered the commission of another crime, they have the
authority 1D5? *?< 1D5+5 to arrest the owner because the crime is
being committed in their presence. So there is a valid warrantless arrest.
*nd since there is a valid warrantless arrest, automatically there is also a
valid warrantless seiBure. Jhat gives the peace officers the authority is
not the search warrant, but the fact that it becomes merely incidental to
the arrest of the accused.
!5"!,5 vs. 25?<*U*
"ctober 14, 1$$(
E*21S: Somebody was 8illed and the accused was arrested the
following day. De was arrested on the basis of information obtained by
police officers from unnamed sources. "f course, when they arrested
him inside his house they saw the gun there. 1here was really a gun
which they believed to be the very gun used to 8ill the victim. So they
seiBed it.
7SSC5: Jas there a valid seiBureO

D5,<: ?o valid arrest. :*ccused=appellant was arrested one day after
the 8illing of the victim and only on the basis of information obtained by
the police officers from unnamed sources. 1hese abovementioned
circumstances clearly belie a lawful warrantless arrest.9 7t is not
sanctioned by +ule 11'. :2onsidering that the arrest of accused=
appellant herein was unlawful, any search conducted on his person or
place of arrest which is an incident thereof, was also unlawful. !erforce,
any evidence recovered during the unlawful search, being made without
a warrant, becomes inadmissible in evidence against accused=appellant
and the shotgun which was allegedly the fatal weapon cannot be
presented against him.9
!5"!,5 vs. 2*1*?
&(0 S2+* &'0
E*21S: +ogelio 2atan was entrapped by two ?*+2"M poseur=buyers
in a buy=bust operation right inside 2atanL s house. 1he ?*+2"M
agents pretended to be addicts. Jhen the sale was consummated 2atan
was arrested. *fter the arrest, the ?*+2"M agents searched the
premises and recovered more marijuana. 2atan asserted that the search
of his premises was illegal as it should be limited to his person or body.

D5,<: ;*,7<V Jhen you say search of the person, it 7?2,C<5S the
immediate premises.
:*ppellant was arrested in flagrante delicto in the act of selling and
delivering marijuana to the poseur=buyers. Dis case therefore falls under
the category of a valid warrantless arrest. 1he subseAuent search of his
house which immediately followed yielding other incriminating
evidence was a search contemporaneously made and as an incident to a
valid warrantless arrest in the immediate vicinity where the arrest was
made. 1hat is a recogniBed e@ception to the general rule that any search
and seiBure must be supported by a valid warrant.9 1hat is the general
rule.
Jhen you say incidental search, it does not only refer to body search.
1he immediate vicinity is included because remember, he may not have
dangerous weapons in his body which he can use against you but are
within the immediate premises. 1hat is what the S2 said. 1he same rule
or pattern emerged in the case of:
'0!5"!,5 vs. ,7 J*I 2DC?%
&1# S2+* #'1 G1$$&H
E*21S: Search without warrant of the appellantLs dwelling. *ppellantLs
dwelling is just a single=room unit, which is around $ sAuare meters.
1hey searched the room and found out evidence.
D5,<: :1he search without a warrant of appellantLs dwelling, a single
room unit with a total area of $ sA. m. was valid as an incident of a
lawful warrantless arrest. 1he search was conducted in a confined place
within appellantLs immediate control, an area where he might gain
possession of a weapon.9
!5"!,5 vs. %5+5?15
&1$ S2+* 40/
E*21S: * witness testified that at 4 oLcloc8 in the morning, she saw
three persons started drin8ing liAuor and smo8ing marijuana and
overheard them 8illing 2larito -lace. ?ine hours after, or at # !.M., the
police received a report of a mauling incident. So a police investigator
went to the hospital where the victim was brought and was told that the
victim died on arrival. 1he police investigator and his companions
proceeded to the scene of the mauling and there they were informed by
the witness that she saw the 8illing and pointed to %abriel %erente, as
one of the three men who 8illed -lace.
1he policemen went to the house of %erente who was then sleeping,
as8ed the latter to come out, and when he did, he was placed under
arrest. De was fris8ed, the police finding in his poc8et a coin purse
containing dried leaves wrapped in a foil. 1he dried leaves turned out to
be marijuana after laboratory e@amination.
7SSC5 Q1: Jas the warrantless arrest of %erente lawfulO
'/
D5,<: I5SV 1he eye witness 5dna 5dwina +eyes reported the
happening to the policemen and pin=pointed her neighbor %erente as one
of the 8illers. Since the policemen have personal 8nowledge of the
violent death of -lace, and of facts indicating that %erente and two
others are guilty. JeLre going bac8 to +ule 11' what do you mean by
personal 8nowledge or probable causeWthey could lawfully arrest
%erente without a warrant. 7f they had postponed his arrest until they
could obtain a warrant, he would have fled li8e his companions.
7SSC5 Q&: May the marijuana be validly used as evidence in a
prosecution for illegal possession of dangerous drugsO Jas the
marijuana validly seiBedO
D5,<: I5S. 1he search conducted on %erenteLs person was li8ewise
lawful because it was made as an incident to a valid arrest. 7t was in
accordance with Section 1&, +ule 1&/, citing the case of *dams vs.
Jilliams, an *merican case: :7t was ruled that the individual being
arrested may be fris8ed for concealed weapons that may be used against
the arresting officer, and all unlawful articles found in his person or
within his immediate control may be seiBed.9
Q!5"!,5 vs. FC7M"?
&0/ S2+* '&0 G1$$/H
?"15: 1he guideline in order not to be lost is placed here nicely. 1he
guideline given by the S2 is this:
D5,<: :7t is beyond cavil that a lawful arrest must precede the search of
a person and his belongings. Jhere a search is first underta8en, then an
arrest effected based on evidence produced by the search, both such
search and arrest would be unlawful, for being contrary to law.9
"1D5+ 7?S1*?25S "E ;*,7< J*++*?1,5SS S5*+2D
Stop and Eris8 Situation3
Search of moving vehicles3
5vidence in plain view3
2ustoms searches3
2onsented search3
5@igent searches or searches during emergency circumstances
S1"! *?< E+7S6 +C,5
1he Stop and Eris8 +ule was ta8en by the S2 from a leading *merican
case, 15++I ;S. S1*15 "E "D7" '$& CS 1, &( , 5d &d ..$, .. S 2t
1./.) cited in the case of !5"!,5 ;S. M*,MS15<1 1$. S2+* #(1)
and !"S*<*S ;S. 2* 1.( S2+* &.')
5@plain what is meant by the 1erry Search.
Princi'leM
KW)ere a 'olice o?cer oA&er$e& n&al condc% 7)ic)
lead& )im rea&onaAl/ %o conclde in li()% o+ )i&
eG'erience %)a% criminal ac%ion ma/ Ae a+oo% and %)a% %)e
'er&on& 7i%) 7)om )e i& dealin( ma/ Ae armed and
're&en%l/ dan(ero&# 7)ere in %)e cor&e o+ in$e&%i(a%in(
%)i& Ae)a$ior )e iden%i!ed )im&el+ a& a 'oliceman and
maIe& rea&onaAle in;irie&# and no%)in( in %)e ini%ial
&%a(e& o+ %)e encon%er &er$e& %o di&'el )i& rea&onaAle
+ear +or )i& o7n or o%)erP& &a+e%/# )e i& en%i%led +or %)e
'ro%ec%ion o+ )im&el+ and o%)er& in %)e area %o condc% a
care+ll/ limi%ed &earc) o+ %)e o%er clo%)in( o+ &c)
'er&on& in an a%%em'% %o di&co$er 7ea'on& 7)ic) mi()%
Ae &ed %o a&&al% )im.L 2Terr/ $&. O)io# *F" U.S. >13
1here are many factors there to consider. 1he first is normally applied to
peace officers when they see someone acting suspiciously at the wrong
time and at the wrong place. Eor e@ample, you are patrolling in the
middle of the night then you see somebody in the dar8. 1hat will invite
your attention. *nd then, the 1erry Search says you must as8 Auestions
first Jhat is your nameO Jhy are you here in the middle of the nightO
Iou are not allowed to search bodily immediately. *s8 Auestions first.
Eind out whether you are satisfied with his answers. ?ow, if somehow
you doubt his answerSli8e if he is wearing a big jac8et and trying to
hide something then you can say :7 will fris8 you9.
1he guideline here is the appearance of the person, the time, the
occasion of the search. *nd you have to limit first your observation on
the outer garments. -ut you have to consider also, according to the S2,
the e@perience of the peace officer. -ecause peace officer, somehow,
they have si@th sense when it comes to shady characters. 1hese are the
factors which should be ta8en into consideration, then stop and fris8.
?ow suppose that in doing the body search, which should be on the
outer garment, a firearm is ta8en, then he can be arrested.
Ill&%ra%ion&M
POSADAS $&. COURT OF APPEALS
1DD SCRA "DD 21FF>3
W)ile %)e 'olice 7ere condc%in( &r$eillance ac%i$i%ie&
7i%)in %)e 'remi&e& o+ %)e Ri6al 1emorial Colle(e& %)e/
&'o%%ed %)e acc&ed carr/in( a Ari Aa( and no%iced )im
ac%in( &&'icio&l/.
T)e/ a''roac)ed %)e acc&ed and iden%i!ed %)em&el$e&
a& memAer& o+ %)e INP. Acc&ed a%%em'%ed %o Nee A% )i&
a%%em'% %o (e% a7a/ 7a& %)7ar%ed.
T)e o?cer& %)en c)ecIed %)e Ari Aa( and +ond one
re$ol$er and %7o rond& o+ li$e ammo# a &moIe 2%ear (a&3
(renade. T)e/ Aro()% %)e acc&ed %o %)e 'olice &%a%ion
+or +r%)er in$e&%i(a%ion. In %)e cor&e o+ %)e &ame# %)e
acc&ed 7a& a&Ied %o &)o7 %)e nece&&ar/ licen&e or
a%)ori%/ %o 'o&&e&& !rearm& and ammni%ion +ond in
)i& 'o&&e&&ion A% +ailed %o do &o. 0e 7a& 'ro&ec%ed +or
ille(al 'o&&e&&ion o+ !rearm& and ammni%ion.
ISSUEM Wa& %)ere a $alid &earc) and &ei6re %o maIe %)e
con!&ca%ed i%em& admi&&iAle e$idenceJ

0ELDM
I% canno% Ae E&%i!ed a& a &earc) inciden%al %o a $alid
arre&% Aeca&e %)e arre&% i& no% an in Na(ran%e arre&%.
0o7e$er# %)e S'reme Cor% E&%i!ed i% nder %)e &%o'
and &earc) 'rinci'le.
KI% i& %oo mc) indeed %o re;ire %)e 'olice o?cer& %o
&earc) %)e Aa( in %)e 'o&&e&&ion o+ Po&ada& onl/ a+%er
%)e/ &)all )a$e oA%ained a &earc) 7arran% +or %)e
'r'o&e. Sc) an eGerci&e ma/ 'ro$e %o Ae &ele&&# +%ile
and mc) %oo la%e.L
Com'are %)i& ca&e o+ Po&ada& 7i%) a &imilar ca&e T %)e
ca&e o+
PEOPLE $&. 1ENGOTE
"1> SCRA 1=,
FACTSM Ro(elio 1en(o%e 7a& arre&%ed A/ 'olicemen
Aeca&e )e 7a& ac%in( &&'icio&l/. 0e 7a& looIin( +rom
&ide %o &ide 7)ile )oldin( )i& aAdomen. W)en &earc)ed#
)e 7a& +ond 7i%) a .*D re$ol$er 7i%) &iG li$e Alle%&. T)e
inciden% occrred Ae+ore noon %ime a% %)e corner o+ .an
Lna and Nor%) <a/ <ole$ard# Tondo# 1anila. Almo&% %)e
&ame 7i%) Po&ada&O%en oPclocI in %)e mornin(# Ae+ore
noon. <% )o7 come %)ere i& a diBerence in %)e rlin(J
NOTEM TaIe no%e# in %)e ca&e o+ Po&ada&# )e ran# In
1en(o%e# did no%. 0e 7a& E&% a''roac)ed and Aodil/
&earc)ed. 0e 7a& con$ic%ed. 1en(o%e con%end& %)a% %)e
7ea'on 7a& no% admi&&iAle e$idence Aeca&e i% 7a&
ille(all/ &ei6ed# and %)ere+ore# %)e +ri% o+ a 'oi&ono&
%ree.
T)e 'ro&ec%ion in&i&%& %)a% %)e re$ol$er 7a& $alidl/
recei$ed in e$idence Aeca&e i%& &ei6re 7a& inciden%al %o
an arre&% %)a% 7a& doA%le&& la7+l# e$en admi%%edl/
7i%)o% 7arran%.
ISSUEM I& %)e e$idence inadmi&&iAleJ
0ELDM YES. KT)e e$idence i& inadmi&&iAle. W)en 1en(o%e
7a& arre&%ed# )e 7a& no% commi%%in( an/ oBen&e.L
T)e ;e&%ion i&# W)a% oBen&eJ KW)a% oBen&e cold
'o&&iAl/ )a$e Aeen &((e&%ed A/ a 'er&on VlooIin( +rom
&ide %o &ideP and V)oldin( )i& aAdomenP and in a 'lace no%
eGac%l/ +or&aIenJ T)e&e are cer%ainl/ no% &ini&%er ac%&.
And %)e &e%%in( o+ %)e arre&% made %)em le&& &o# i+ a% all.L
In de%erminin( &%o' and +ri&I# /o )a$e %o looI a% %)e
%ime# %)e 'lace.
KI% mi()% )a$e Aeen diBeren% i+ 1en(o%e )ad Aeen
a''re)ended a% an n(odl/ )or and in a 'lace 7)ere )e
)ad no rea&on %o Ae# liIe a darIened alle/ a% * oWclocI in
%)e mornin(. <% )e 7a& arre&%ed a% 11M*> in %)e mornin(
and in a cro7ded &%ree% &)or%l/ a+%er ali()%in( +rom a
'a&&en(er Eee' 7i%) )i& com'anion. 0e 7a& no% &IlIin(
in %)e &)ado7& A% 7alIin( in %)e clear li()% o+ da/. T)ere
7a& no%)in( clande&%ine aAo% )i& Aein( on %)a% &%ree% a%
%)a% A&/ )or in %)e Ala6e o+ %)e noonda/ &n.L
KI% 7old Ae a &ad da/# indeed# i+ an/ 'er&on cold Ae
&mmaril/ arre&%ed and &earc)ed E&% Aeca&e )e i&
)oldin( )i& aAdomen# e$en i+ i% Ae 'o&&iAl/ Aeca&e o+ a
&%omac)Cac)e# or i+ a 'eace o?cerCcold clam' )andcB&
on an/ 'er&on 7i%) a &)i+%/ looI on &&'icion %)a% )e ma/
)a$e commi%%ed a criminal ac% or i& ac%all/ commi%%in(
or a%%em'%in( i%. T)i& &im'l/ canno% Ae done in a +ree
&ocie%/. T)i& i& no% a 'olice &%a%e 7)ere order i& eGal%ed
o$er liAer%/ or# 7or&e# 'er&onal malice on %)e 'ar% o+ %)e
arre&%in( o?cer ma/ Ae E&%i!ed in %)e name o+ &ecri%/.L
PEOPLE $&. EVARISTO
DecemAer 11# 1FF"
FACTSM T)ere 7a& &omeAod/ 7)o !red a 'i&%ol. So# %)ere
7ere " 'olicemen 7)o &%ar%ed c)a&in( )im. And 7)en
%)e/ c)a&ed# %)e/ +ond " 'eo'le in %)e corner and %)e/
&%ar%ed a&Iin( %)e&e " 'eo'le. No7# one o+ %)e "
'olicemen &a7 %)a% %)e (/P& &ide i& Al(in(. W)en %)e/
&earc)ed )im# %)e/ +ond a (n. So )e 7a& arre&%ed.
ISSUEM W)e%)er %)ere 7a& a $alid 7arran%le&& &earc) 7a&
$alid.
0ELDM W)en %)e 'olice o?cer& c)a&ed a+%er &omeAod/
7)o !red a 'i&%ol and %)e/ came 'on E$ari&%o# %)e $i&al
oA&er$a%ion %)a% )i& &ide i& Al(in( alon( 7i%) %)e earlier
re'or% o+ (n!re# a& 7ell a& %)e 'eace o?cerW&
'ro+e&&ional in&%inc%&# are more %)an &?cien% %o 'a&& %)e
%e&% o+ %)e Rle&. Con&e;en%l/# nder %)e +ac%&# %)e
!rearm& %aIen +rom E$ari&%o can Ae &aid %o )a$e Aeen
&ei6ed inciden%al %o a la7+l and $alid arre&%.
1ANALILI $&.. CA# G.R. No. 11**,=# Oc%oAer F#1FF=
Pa%rolman E&'iri% and )i& com'anion& oA&er$ed drin(
%)eir &r$eillance %)a% %)e acc&ed )ad red e/e& and 7a&
7oAAlin( liIe a drnI alon( %)e Caloocan Ci%/ Ceme%er/#
7)ic) accordin( %o 'olice in+orma%ion 7a& a 'o'lar
)an(o% o+ dr( addic%&. From )i& eG'erience a& a
memAer o+ %)e An%iCNarco%ic& Uni% o+ %)e Caloocan Ci%/
Police# &c) &&'icio& Ae)a$ior 7a& c)arac%eri&%ic o+
dr( addic%& 7)o 7ere K)i().L T)e lo7er cor% )eld %)a%
%)e 'olicemen )ad &?cien% rea&on %o &%o' %)e acc&ed
%o in$e&%i(a%e i+ )e 7a& ac%all/ )i() on dr(&. Drin(
&c) in$e&%i(a%ion# %)e/ eGamined )i& 7alle% and +ond
mariEana. T)e cor% %)en )eld %)e &earc) a& $alid drin(
a &%o' +ri&I.
ReEec%in( )i& a''eal# %)e Cor% )eld %)a% %)e &earc) 7a&
aIin %o a &%o'CandC+ri&I. T)e 'olice )ad &?cien% rea&on
%o &%o' 1analili# 7)o X)ad red e/e& and 7a& 7oAAlin( liIe
a drnI . . . 4in5 a 'o'lar )an(o% o+ dr( addic%&#X in
order %o in$e&%i(a%e i+ )e 7a& ac%all/ X)i()X on dr(&.
T)e &i%a%ion $eril/ called +or a &%o'CandC+ri&I.L
1ALACAT $&. COURT OF APPEALS
G.R. No. 1"*-F-9 DecemAer 1"# 1FF=
ISSUEM Di&%in(i&) &%o' and +ri&I +rom &earc) inciden%al %o
a la7+l arre&%.
0ELDM KWe no%e %)a% %)e %rial cor% con+&ed %)e conce'%&
o+ a X&%o'CandC+ri&IX and o+ a &earc) inciden%al %o a la7+l
arre&%. T)e&e %7o %/'e& o+ 7arran%le&& &earc)e& diBer in
%erm& o+ %)e re;i&i%e ;an%m o+ 'roo+ Ae+ore %)e/ ma/
Ae $alidl/ eBec%ed and in %)eir allo7aAle &co'e.
KIn a &earc) inciden%al %o a la7+l arre&%# a& %)e 'receden%
arre&% de%ermine& %)e $alidi%/ o+ %)e inciden%al &earc)# %)e
le(ali%/ o+ %)e arre&% i& ;e&%ioned in a lar(e maEori%/ o+
%)e&e ca&e&# e.(.# 7)e%)er an arre&% 7a& merel/ &ed a& a
're%eG% +or condc%in( a &earc). In %)i& in&%ance# %)e la7
re;ire& %)a% %)ere !r&% Ae a la7+l arre&% Ae+ore a &earc)
can Ae made O %)e 'roce&& canno% Ae re$er&ed. A%
Ao%%om# a&&min( a $alid arre&%# %)e arre&%in( o?cer ma/
&earc) %)e 'er&on o+ %)e arre&%ee and %)e area 7i%)in
7)ic) %)e la%%er ma/ reac) +or a 7ea'on or +or e$idence
%o de&%ro/# and &ei6e an/ mone/ or 'ro'er%/ +ond 7)ic)
7a& &ed in %)e commi&&ion o+ %)e crime# or %)e +ri% o+
%)e crime# or %)a% 7)ic) ma/ Ae &ed a& e$idence# or
7)ic) mi()% +rni&) %)e arre&%ee 7i%) %)e mean& o+
e&ca'in( or commi%%in( $iolence.
KW)ile 'roAaAle ca&e i& no% re;ired %o condc% a X&%o'
and +ri&I#X i% ne$er%)ele&& )old& %)a% mere &&'icion or a
)nc) 7ill no% $alida%e a X&%o' and +ri&I.X A (enine
rea&on m&% eGi&%# in li()% o+ %)e 'olice o?cerW&
eG'erience and &rrondin( condi%ion&# %o 7arran% %)e
Aelie+ %)a% %)e 'er&on de%ained )a& 7ea'on& concealed
aAo% )im. Finall/# a X&%o'CandC+ri&IX &er$e& a %7oC+old
in%ere&%M 213 %)e (eneral in%ere&% o+ eBec%i$e crime
're$en%ion and de%ec%ion# 7)ic) nderlie& %)e reco(ni%ion
%)a% a 'olice o?cer ma/# nder a''ro'ria%e
circm&%ance& and in an a''ro'ria%e manner# a''roac) a
'er&on +or 'r'o&e& o+ in$e&%i(a%in( 'o&&iAle criminal
Ae)a$ior e$en 7i%)o% 'roAaAle ca&e9 and 2"3 %)e more
're&&in( in%ere&% o+ &a+e%/ and &el+C're&er$a%ion 7)ic)
'ermi% %)e 'olice o?cer %o %aIe &%e'& %o a&&re )im&el+
%)a% %)e 'er&on 7i%) 7)om )e deal& i& no% armed 7i%) a
deadl/ 7ea'on %)a% cold neG'ec%edl/ and +a%all/ Ae
&ed a(ain&% %)e 'olice o?cer.L
T)e %e&% i& no% 'roAaAle ca&e# A% a Aalancin( %e&%
Ae%7een a limi%ed $iola%ion o+ indi$idal 'ri$ac/ a(ain&%
%)e o''o&in( in%ere&% o+ crime 're$en%ion and de%en%ion.
Terr/ i& no% a 7arran%le&& arre&% a& &'eci!ed in Sec%ion -
o+ Rle 11* nor i& i% an eGce'%ion %)ere%o. Terr/ &%o' i& a
&ei6re# i% i& no% an arre&%.
T)e &co'e o+ %)e &earc) i& narro7l/ limi%ed %o a K+ri&IL a&
a 'ro%ec%i$e mea&re.
In con%ra&%# %)e &earc) inciden%al %o a la7+l arre&% i&
Aroader in &co'e in %)e &en&e %)a% i% eG%end& %o a &earc)
+or e$idence 7i%)in %)e immedia%e con%rol o+ %)e arre&%ee
and i& in%ended %o 're$en% %)e la%%er +rom di&'o&in( o+ %)e
e$idence.
An a%)ori%/ in Criminal Procedre no%e& %)a% %)e
S'reme Cor% in Po&ada& and e$en 1analili did no%
&%ric%l/ oA&er$e %)e limi%a%ion& on %)e &co'e o+ %)e K+ri&IL.
S5*+2D "E M";7?% ;5D72,5S
T)i& i& E&%i!ed on %)e (rond %)a% %)e moAili%/ o+ mo%or
$e)icle& maIe& i% 'o&&iAle +or %)e $e)icle %o Ae &earc)ed
%o mo$e o% o+ %)e locali%/ or Eri&dic%ion in 7)ic) %)e
7arran% m&% Ae &o()%.
C)ecI'oin%&
In VAL1ONTE $&. DE VILLA# %)e S'reme Cor% ')eld %)e
&e%%in( ' o+ c)ecI'oin%& %o &earc) mo%or $e)icle& a&
%)e/ are 7arran%ed A/ %)e eGi(encie& o+ 'Alic order and
condc%ed in a 7a/ lea&% in%r&i$e %o mo%ori&%&.
A 7arran%le&& &earc) o+ a mo%or $e)icle a% a mili%ar/
c)ecI'oin% 7a& )eld A/ %)e S'reme Cor% en Aanc a&
no% $iola%i$e o+ %)e con&%i%%ion +or a& lon( a& %)e $e)icle
i& nei%)er &earc)ed nor i%& occ'an%& Aodil/ &earc)ed and
%)e in&'ec%ion o+ %)e $e)icle i& merel/ limi%ed %o a $i&al
&earc).
In i%& re&ol%ion o+ %)e 1o%ion +or recon&idera%ion# %)e
Cor% clari!ed %)a% i+ $e)icle& are &%o''ed and
eG%en&i$el/ &earc)ed# i% i& Aeca&e o+ &ome 'roAaAle
ca&e 7)ic) E&%i+/ a rea&onaAle Aelie+ o+ %)e men a% %)e
c)ecI'oin%& %)a% ei%)er %)e mo%ori&% i& a la7CoBender or
%)e con%en%& o+ %)e $e)icle are or )a$e Aeen in&%rmen%&
o+ &ome oBen&e.
<alancin( o+ in%ere&%&.
T)e S'reme Cor% al&o &aid M K<e%7een %)e in)eren%
ri()% o+ %)e &%a%e %o 'ro%ec% i%& eGi&%ence and 'romo%e
'Alic 7el+are and an indi$idalP& ri()% a(ain&% a
7arran%le&& &earc) 7)ic) i& )o7e$er# rea&onaAl/
condc%ed# %)e +ormer &)old 're$ail. Tre# %)e mannin(
o+ c)ecI'oin%& A/ %)e mili%ar/ i& &&ce'%iAle o+ aA&e A/
%)e men in ni+orm# in %)e &ame manner %)a% all
(o$ernmen%al 'o7er i& &&ce'%iAle o+ aA&e. <%# a% %)e
co&% o+ occa&ional incon$enience# di&com+or% and e$en
irri%a%ion o+ %)e ci%i6en# %)e c)ecI'oin%& drin( %)e&e
aAnormal %ime& 7)en condc%ed 7i%)in rea&onaAle limi%&#
are 'ar% o+ %)e 'rice 7e 'a/ +or an orderl/ &ocie%/ and
'eace+l commni%/.L
T)e K&%o' and &earc)L 7i%)o% 7arran% a% a mili%ar/ or
'olice c)ecI'oin% ma/ ei%)er AeM
a3 A mere ro%ine in&'ec%ion9 or
A3An eG%en&i$e &earc)
Di&%inc%ion Ae%7een %)e &%o' and %)e &earc)
A &%o' ma/ Ae E&%i!ed# e$en i+ %)e circm&%ance& do no%
&a%i&+/ %)e &%andard& o+ 'roAaAle ca&e A% i& called +or
nder %)e Aalancin( o+ in%ere&% 'rinci'le.
T)e K&%o'L i& no% )o7e$er# a E&%i!ca%ion +or an eG%en&i$e
&earc)# A% onl/ %o a limi%ed one# 7)ic) ma/ Ae le&&
in%r&i$e or %)e &oCcalled K$i&al &earc).L
T)e more in%r&i$e &earc) or an eG%en&i$e &earc) 7i%)o%
7arran% ma/ onl/ Ae re&or%ed %o i+ %)e o?cer& condc%in(
%)e &earc) )ad rea&onaAle or 'roAaAle ca&e %o Aelie$e
Ae+ore %)e &earc) %)a% ei%)er %)e mo%ori&% 7a& a la7
oBender or %)a% %)e/ 7old !nd %)e in&%rmen%ali%/ or
e$idence 'er%ainin( %o %)e commi&&ion o+ a crime in %)e
$e)icle %o Ae &earc)ed. T)e eGi&%ence o+ 'roAaAle ca&e
E&%i+/in( %)e 7arran%le&& &earc) i& de%ermined A/ %)e
+ac%& o+ %)e ca&e. 2Ania( $&. Comelec "*= SCRA ,",3 T)i&
i& %)e &econd a&'ec% o+ %)e &oCcalled K&%o' and &earc)L
'rinci'le. 2Peo'le $&. <arro&# "*1 SCRA --=3
In CaAalle& $&. Cor% o+ A''eal&# G.R. No. 1*8"F"# .anar/
1-# ">>"# %)e S'reme Cor% &mmari6ed %)e in&%ance&
o+ ro%ine &earc)# %)&M
1. W)ere %)e o?cer merel/ dra7& a&ide %)e cr%ain o+ a
$acan% $e)icle 7)ic) i& 'arIed on %)e 'Alic +air
(ond&9
". Sim'l/ looI& in%o %)e $e)icle9
*. Fla&)e& a li()% %)erein 7i%)o% o'enin( %)e carP&
door&9
,. W)ere %)e occ'an%& are no% &AEec% %o a ')/&ical or
Aod/ &earc)9
-. W)ere %)e in&'ec%ion o+ %)e $e)icle& i& limi%ed %o a
$i&al
&earc) or $i&al in&'ec%ion9 and
8. W)ere %)e ro%ine c)ecI i& condc%ed in a !Ged area.
!5"!,5 vs. M*,MS15<1
1$. S2+* #(1
E*21S: 1his happened in the Mountain !rovince involving a
2aucasian. 1he ?*+2"M agents received a tip that a bus will pass
from Mt. !rovince and that there is a 2aucasian passenger bringing with
him prohibited drugs. So, they stopped the bus and found a 2aucasian
inside. 1hey approached him and as8ed him: :Jhat is your nameO 2an
we see your passportO9 1he 2aucasian refused. 1hen during the
inspection, the ?*+2"M agents opened his bag and found hashish. 1he
same was found in the teddy bear. So, he was charged with illegal
possession of prohibited drugs. Malmstedt Auestioned the validity of the
search.
D5,<: 1he warrantless search was valid. :1he receipt of information by
?*+2"M that a 2aucasian coming from Sagada had prohibited drugs
in his possession, plus the suspicious failure of Malmstedt to produce his
passport, ta8en together as a whole, led the ?*+2"M officers to
reasonably believe that he was trying to hide something illegal from the
authorities. Erom these circumstances arose a probable cause which
justified the warrantless search that was made on the personal effects of
Malmstedt. 7n other words, the acts of the ?*+2"M officers in
reAuiring him to open his pouch bag and in opening one of the wrapped
objects found inside said bag which was discovered to contain hashish)
as well as the two &) travelling bags containing two &) teddy bears with
hashish stuffed inside them, were prompted by MalmstedtLs own attempt
to hide his identity by refusing to present his passport, and by the
information received by the ?*+2"M that a 2aucasian coming from
Sagada had prohibited drugs in his possession. 1o deprive the
?*+2"M agents of the ability and facility to act accordingly, including,
to search even without warrant, in the light of such circumstances, would
be to sanction impotence and ineffectiveness in law enforcement, to the
detriment of society.9
1he case of M*,MS15<1 was repeated in the case of
!5"!,5 vs. -*%7S1*
&1# S2+* 0'
E*21S: 1his also happened in Mt. !rovince. 1he ?*+2"M received a
tip that a woman riding in a bus from -aguio 2ity has marijuana. She
was described as having curly hair and short. So, when the bus passed
through the chec8point, they saw the woman which fit the description.
1he agent searched her and in her bag was found marijuana. 1he bag
and its contents were seiBed.
7SSC5: Jas there a valid searchO
D5,<: 1he search was valid in accordance with the case of Malmstedt.
:Jith regard to the search of moving vehicles, this had been justified on
the ground that the mobility of motor vehicles ma8es it possible for the
vehicle to be searched to move out of the locality or jurisdiction in
which the warrant must be sought.9
:1his in no way, however, gives the police officers unlimited discretion
to conduct warrantless searches of automobiles in the absence of
probable cause. Jhen a vehicle is stopped and subjected to an e@tensive
search, such a warrantless search has been held to be valid only as long
as the officers conducting the search have reasonable or probable cause
to believe before the search that they will find the instrumentality or
evidence pertaining to a crime, in the vehicle to be searched.9
:1he ?*+2"M officers in the case at bar had probable cause to stop
and search all vehicles coming from the north at *cop, 1ublay, -enguet
in view of the confidential information they received from their regular
informant that a woman having the same appearance as that accused=
appellant would be bringing marijuana from up north. 1hey li8ewise
have probable cause to search accused=appellantXs belongings since she
fits the description given by the ?*+2"M informant.9
,etLs try to compare the case of -agista with the earlier case of
*M7?C<7?. 7t has a similar set of facts but this time, it involves
marine vessel.
!5"!,5 vs. *M7??C<7?
1/' S2+* #(&
E*21S: 1he ?*+2"M agents in 7loilo 2ity received a report that a
vessel coming from Mindanao has Mr. *minudin carrying with him
marijuana. So, the ?*+2"M agents waited at the port for the vessel to
arrive. So they were loo8ing for the passenger and then they saw a man
which fit the description of the suspect. 1hey fris8ed him and when the
maleta was opened, it contained prohibited drugs. SubseAuently, the man
was arrested.
D5,<: 1here was no valid search because the ?*+2"M had enough
time to secure a search warrant. 1here were still & days after they
received the information before the vessel will arrive. 1hey have all the
time. 7n the Malmstedt and -agista, it was in the bus and may pass by
within '( minutes or 1 hour.
*nother difference is this: if you are the suspect riding in a bus and you
8new that there is a chec8point ahead, you can always as8 the bus to
stop and then disembar8 and leave. -ut in the case of a ship, you cannot
do thatV
*nother case where the S2 laid down the rule reiterating the case of
;almonte is the 1$$' case of:
!5"!,5 vs. 5P*,*
&&1 S2+* #$#
D5,<: *s a general rule, only a visual search should be done. 1his is
the e@ception: if the vehicle is stopped and e@tensively searched, it is
because of some probable cause which justifies a reasonable belief that
either a motorist is the suspect or the content of the vehicle is an
instrument in the commission of an offense. 1he presumption stands that
they are regularly performing their duties.
5;7<5?25 7? !,*7? ;75J
*nother instance of a warrantless search is the search of evidence in
plain view, 8nown also as the plain view doctrine. Jhen you stumble
by accident across an object which is prohibited or illegal it would be
absurd that you still have to reAuire a search warrant, when it is actually
there in front of you. 1his doctrine complements the other. *nd one of
the cases where the S2 e@plained the plain view doctrine is the case of
T)e con&%i%%ion re;ire& a 7arran% Ae+ore a &earc) %o
&er$e %7o 2"3 oAEec%i$e&M
1. T)e Ed(eP& &cr%in/ i& in%ended %o elimina%e
al%o(e%)er &earc)e& no% Aa&ed on 'roAaAle ca&e9
and
". To limi% %)e &earc).
Elemen%&M
1. Prior E&%i!ca%ion +or in%r&ion9
". Inad$er%en% di&co$er/ o+ %)e e$idence9 and
*. Immedia%e a''aren% ille(ali%/ o+ %)e e$idence Ae+ore
%)e 'olice and in %)i& re(ard onl/ 'roAaAle ca&e and
no% aA&ol%e cer%ain%/ i& re;ired. 2Peo'le $&. 1&a#
"1= SCRA -F=3
T)e 'lain $ie7 doc%rine i& no% in conNic% 7i%) %)e !r&%
oAEec%i$e Aeca&e 'lain $ie7 doe& no% occr n%il a
&earc) i& in 'ro(re&&. In eac) ca&e %)e ini%ial in%r&ion i&
E&%i!ed A/ a 7arran% or A/ an eGce'%ion &c) a& K)o%
'r&i%L or &earc) inciden%al %o a la7+l arre&% or A/ an
eG%raneo& $alid rea&on +or %)e o?cerP& 're&ence.
And (i$en %)e ini%ial in%r&ion# %)e &ei6re o+ an oAEec% in
'lain $ie7 i& con&i&%en% 7i%) %)e &econd oAEec%i$e# &ince i%
doe& no% con$er% %)e &earc) in%o a (eneral eG'lora%or/
one.
!5"!,5 vs. MCS*
&14 S2+* 0$4 G1$$0H
E*21S: 1he ?*+2"M team conducted a buy=bust operation at the
appellantLs house who was alleged to be selling marijuana. *fter the
transaction too8 place, the team went inside the house and arrested the
appellant but was unable to find the mar8ed money.
1hereafter, & agents went to the 8itchen and noticed a cellophane colored
white and stripe hanging at the corner. 1hey as8ed the appellant about its
contents, but failing to get a response, they opened it and found dried
marijuana leaves.
*t the trial, the appellant Auestioned the admissibility of the plastic bag
and the marijuana it contains but the trial court ruled that they are
admissible.
D5,<: Search was not valid, objects seiBed inadmissible in evidence.
1he S2 e@plained and clarified the meaning of plain view.
:1he warrantless search and seiBure, as an incident to a suspectXs lawful
arrest, may e@tend beyond the person of the one arrested to include the
premises or surroundings under his immediate control. "bjects in the
Rplain viewR of an officer, who has the right to be in the position to have
that view, are subject to seiBure and may be presented as evidence.9 #.
:1he Rplain viewR doctrine may not, however, be used to launch
unbridled searches and indiscriminate seiBures nor to e@tend a general
e@ploratory search made solely to find evidence of defendantXs guilt. 1he
Rplain viewR doctrine is usually applied where a police officer is not
searching for evidence against the accused, but nonetheless inadvertently
comes across an incriminating object.9
:7t has also been suggested that even if an object is observed in Rplain
view,R the Rplain viewR doctrine will not justify the seiBure of the object
where the incriminating nature of the object is not apparent from the
Rplain viewR of the object. Stated differently, it must be immediately
apparent to the police that the items that they observe may be evidence
of a crime, contraband, or otherwise subject to seiBure.9
:7n the instant case, the appellant was arrested and his person searched
in the living room. Eailing to retrieve the mar8ed money which they
hoped to find, the ?*+2"M agents searched the whole house and
found the plastic bag in the 8itchen. 1he plastic bag was, therefore, not
within their Rplain viewR when they arrested the appellant as to justify its
seiBure. 1he ?*+2"M agents had to move from one portion of the
house to another before they sighted the plastic bag.9
:Moreover, when the ?*+2"M agents saw the plastic bag hanging in
one corner of the 8itchen, they had no clue as to its contents. 1hey had to
as8 the appellant what the bag contained. Jhen the appellant refused to
respond, they opened it and found the marijuana. 5ven assuming then,
that the ?*+2"M agents inadvertently came across the plastic bag
because it was within their Rplain view,R what may be said to be the
object in their Rplain viewR was just the plastic bag and not the
marijuana. 1he incriminating nature of the contents of the plastic bag
was not immediately apparent from the Rplain viewR of said object. 7t
cannot be claimed that the plastic bag clearly betrayed its contents,
whether by its distinctive configuration, its transparency, or otherwise,
that its contents are obvious to an observer.9
2CS1"MS S5*+2D5S
*nother instance of a valid warrantless search is a search conducted
under the customs and tariff code. Jhen a vessel arrives from abroad,
the customs agents board the vessel to loo8 for smuggled items. 1hey
can conduct warrantless search for the enforcement of customs laws.
a. TariB and C&%om& Code a%)ori6e& C&%om& o?cial&
%o maIe arre&%&# &earc) and &ei6re o+ an/ $e&&el#
aircra+%# car(o# ar%icle# animal or o%)er mo$aAle
'ro'er%/# 7)en %)e &ame i& &AEec% %o +or+ei%re or
liaAle +or an/ !ne im'o&ed nder%)e TariB and
C&%om& la7&# rle& and re(la%ion& 2Sec. "">-3 and#
ma/ a% an/%ime en%er# 'a&& %)ro()# or &earc) an/
land or enclo&re or an/ 7are)o&e# &%ore or o%)er
Aildin( no% Aein( a d7ellin( )o&e. 2Sec. "">D3 A
d7ellin( )o&e ma/ Ae en%ered or &earc)ed onl/
'on 7arran% i&&ed A/ a Ed(e 2or &c) o%)er
re&'on&iAle o?cer a& ma/ Ae a%)ori6ed A/ la73
'on &7orn a''lica%ion &)o7in( 'roAaAle ca&e and
'ar%iclarl/ de&criAin( %)e 'lace %o Ae &earc)ed and
'er&on& or %)in(& %o Ae &ei6ed. 2Sec. "">F3.
A. To (o aAoard an/ $e&&el or aircra+% 7i%)in %)e limi%&
%)e limi%& o+ an/ collec%ion di&%ric%# and %o in&'ec%#
&earc) and eGamine &aid $e&&el& or aircra+% and an/
%rnI# 'acIa(e# AoG or en$elo'e on Aoard# and
&earc) an/ 'er&on on Aoard &aid $e&&el or aircra+% i+
nder7a/# e%c. 2Sec. ""1>3
c. S)old al&o a''l/ %o &ei6re o+ !&)in( $e&&el&
Areac)in( or !&)er/ la7&. 2Roldan# .r. $&. Arca# 8-
SCRA **83
d. Sec%ion ""11.
2"?S5?15< S5*+2D
Elemen%& o+ a $alid 7ai$er or con&en%M
A 7ai$er or con&en% canno% Ae 're&med &im'l/ Aeca&e
%)e acc&ed +ailed %o oAEec% %o %)e &earc). To con&%i%%e a
7ai$er# i% m&% a''earM
1. T)a% %)e ri()% eGi&%&9
". T)e 'er&on in$ol$ed )ad Ino7led(e# ac%al or
con&%rc%i$e# o+ %)e eGi&%ence o+ &c) ri()%&9
*. Said 'er&on )ad an ac%al in%en%ion %o relin;i&) %)e
ri()%.
T)e +ac% %)a% %)e acc&ed +ailed %o oAEec% %o %)e en%r/ in%o
)i& )o&e doe& no% amon% %o a 'ermi&&ion %o maIe a
&earc) %)erein. 2Peo'le $&. <arro&# 1,, SCRA >13
Nei%)er can i% Ae 're&med %)a% %)ere 7a& a 7ai$er# or
%)a% con&en% 7a& (i$en A/ %)e acc&edCa''ellan% %o Ae
&earc)ed and arre&%ed &im'l/ Aeca&e )e +ailed %o oAEec%
or ;e&%ion %)e &ame 7)en made. 2Peo'le $&. Ar(a7anon#
"1- SCRA 8-"# Aania( $&. Comelec# "*= SCRA ,",# ,**3
To%ali%/ o+ circm&%ance& 'rinci'le
O%)er7i&e &%a%ed# %)e con&en% m&% Ae $oln%ar/ in order
%o $alida%e an o%)er7i&e ille(al de%en%ion and &earc)# i.e.#
%)e con&en% i& ne;i$ocal# &'eci!c# and in%elii(en%l/
(i$en# ncon%amina%ed A/ an/ dre&& or coercion. 0ence#
con&en% i& no% %o Ae li()%l/ in+erred# A% m&% Ae &)o7n
A/ clear and con$incin( e$idence. T)e ;e&%ion 7)e%)er
a con&en% %o a &earc) 7a& in +ac% $oln%ar/ i& a ;e&%ion
o+ +ac% %o Ae de%ermined +rom %)e %o%ali%/ o+ all
circm&%ance&. Rele$an% %o %)i& de%ermina%ion are %)e
+ollo7in( c)arac%eri&%ic& o+ %)e 'er&on (i$in( and %)e
en$ironmen% in 7)ic) con&en% i& (i$enM 213 %)e a(e o+ %)e
de+endan%9 2"3 7)e%)er )e 7a& in a 'Alic or &eclded
loca%ion9 2*3 7)e%)er )e oAEec%ed %o %)e &earc) or
'a&&i$el/ looIed on9 2,3 %)e edca%ion and in%elli(ence o+
%)e de+endan%9 2-3 %)e 're&ence o+ coerci$e 'olice
'rocedre&9 283 %)e de+endan%P& Aelie+ %)a% no
incrimina%in( e$idence 7ill Ae +ond9 2=3 %)e na%re o+ %)e
'olice ;e&%ionin(9 2D3 %)e en$ironmen% in 7)ic) %)e
;e&%ionin( %ooI 'lace9 and 2F3%)e 'o&&iAl/ $lneraAle
&AEec%i$e &%a%e o+ %)e 'er&on con&en%in(. I% i& %)e &%a%e
7)ic) )a& %)e Arden o+ 'ro$in(# A/ clear and 'o&i%i$e
%e&%imon/# %)a% %)e nece&&ar/ con&en% 7a& oA%ained and
%)a% i% 7a& +reel/ and $oln%aril/ (i$en. 2CaAalle& $&. CA#
G.R. No. 1*8"F"# .an. 1-#">>"3
"ne of the interesting cases in consented search is:
!5"!,5 vs. -C+%"S
1## S2+* 1
?"15: <o not confuse this case with the one we discussed in +ule 11'.
E*21S: 1here was a suspected ?!* who was arrested and interrogated.
:Jho are your companionsO9 :Mr. so and so.9 So they went to this
house and said that, :DoyV ?!* 8a man daw. Je would li8e to search
your house, pwedeO9 1he wife did not object. 1hey found firearms.
Jhen the constitutionality of the search was challenged, the contention
was, it was a consented search.
D5,<: 7t was not a consented search. Jhen a person remains silent, that
is not consent. 1his is a constitutional right which cannot be lightly
waived. 1here is no presumption that there is a waiver or that the
consent was given by the accused simply because he failed to object.
Iou apply the rule that courts indulge every reasonable presumption
against waiver of constitutional rights. Iou cannot presume
acAuiescence in the loss of fundamental constitutional right.
;5+"I vs. ,*I*%C5
&1( S2+* $4
E*21S: *tty. !aul ;eroy was formerly regional director of the SSS. De
has a house in S8yline <avao. *t that time, they were in Manila. 1he
military received a report that his house is being used by the rebels3 that
is where they meet. So they called up ;eroy through long distance. Mr.
;eroy said, :Sige, bahala na 8ayo diyan.9 1he searching team started
opening drawers and they found guns. So ;eroy was charged for illegal
possession of firearms.
;eroy challenged the validity of the search. 1he defense was consented
search.
D5,<: 1he search was not valid although there was consent from ;eroy.
1he permission was to loo8 for rebels and not for firearms. 7f you are
loo8ing for rebels, why are you opening the drawersO 1here are no
rebels inside the drawersV Jhere the permission to enter a residence was
given to search for rebels, it is illegal to search the rooms therein for
firearms without a search warrant.
Word o+ Ca%ion on %)e Con&en% Princi'le
T)e 'rinci'le o+ con&en%ed &earc) and &ei6re i& a
con$enien% eGc&e +or 7arran%le&& &earc) and &ei6re
7i%)o% 'roAaAle ca&e and m&% %)ere+ore Ae con&idered
7i%) %mo&% ca%ion. A& 'oin%ed o% A/ .&%ice W)i%e in
Florida $&. Ro/er# ,-> US ,F1# 1>* S. C%. =-L Ed. "d ""F
21FD*3# Aeca&e 7e a?rm %)e Florida Di&%ric% Cor% %)a%
Ro/er 7a& Aein( ille(all/ de%ained 7)en )e con&en%ed %o
%)e &earc) o+ )i& l((a(e# 7e a(ree %)a% %)e con&en% 7a&
%ain%ed A/ %)e ille(ali%/ and 7a& ineBec%i$e %o E&%i+/ %)e
&earc). .&%ice G%ierre6 ar%icla%ed %)e &ame $ie7 in
Peo'le $&. <r(o&# 1,, SCRA >1 21FD83 7)en )e
7ro%eMGGG I+ an arre&% 7i%)o% 7arran% i& nla7+l a% %)e
momen% i% i& made# (enerall/ no%)in( %)a% )a''ened or i&
di&co$ered a+%er7ard& can maIe i% la7+l. T)e +ri% o+ a
'oi&oned %ree i& nece&&aril/ al&o %ain%ed.L
SEARC0ES UNDER EYIGENT:EYTRAORDINARY
CIRCU1STANCES
T)e la&% eGce'%ion %o %)e 7arran% eGce'%ion 7old Ae
&earc)e& drin( eGi(en% or eG%raordinar/ circm&%ance&
'ro$ided 'roAaAle ca&e eGi&%&. .&% liIe 7)a% )a''ened
drin( %)e 1FD= and 1FDF co' 7)ere %)e mili%ar/ made
&ome &earc)e& in &&'ec%ed 'lace&. In %)a% ca&e# %)ere i&
no need %o oA%ain &earc) 7arran%& con&iderin( %)a% drin(
%)a% %ime all %)e cor%& in 1anila 7ere clo&ed Aeca&e o+
%)e co' de e%a%. Sc) 'eriod i& con&idered a&
eG%raordinar/ circm&%ance. -1
NOTEM T)i& eGce'%ion i& a ca%c)Call ca%e(or/ %)a%
encom'a&&e& a nmAer o+ di$er&e &i%a%ion&. W)a% %)e/
)a$e in common i& &ome Iind o+ emer(enc/ %)a% maIe&
oA%ainin( a &earc) 7arran% im'rac%ical# &ele&&#
dan(ero&# or nnece&&ar/. Amon( %)e&e &i%a%ion& are
dan(er o+ ')/&ical )arm %o %)e o?cer or de&%rc%ion o+
e$idence# dan(er %o a %)ird 'er&on# dri$in( 7)ile
in%oGica%ed# and &earc)e& in )o% 'r&i%. Del Carmen#
Rolando V.# Criminal Procedre +or La7 En+orcemen%
Per&onnel# 1FD= Edi%ion '. 1-> 2Foo%no%e# Peo'le $&.
Fernande6# "*D SCRA 1=,# 1D"3
NOTEM Searc) Aa&ed on 'roAaAle ca&e nder
eG%raordinar/ circm&%ance&# 7ere ')eld in Peo'le $&.
Po&ada&# 1DD SCRA "DD 41FF>59 Valmon%e $&. Villa# 1=D
SCRA "11 41FDF59 Peo'le $&. 1a&'il# G.R. No. D-1==#
A(&% "># 1FF># ci%in( Valmon%e $&. Villa9 Peo'le $&.
1alm&%ed%# G.R. No. F11>=# .ne 1F# 1FF19 Peo'le $&.
Scro# G.R. No. F*"*F# 1arc) 1D# 1FF19 Peo'le $&.
1on%illa# G.R. No. 1"*D="# .anar/# *># 1FFD.
Re'ey)#es
Jhat is the remedy the person subject of a search warrantO
1. 1o%ion %o @a&) Searc) Warran%
". 1o%ion %o S''re&& E$idence
*. Cer%iorari nder Rle 8- or
,. OAEec%in( %o admi&&iAili%/ o+ e$idence drin( %rial
S52. 1#. Motion to Auash a search warrant or to suppress evidence3
where to file. = * motion to Auash a search warrant and)or to suppress
evidence obtained thereby may be filed in and acted upon only by the
court where the action has been instituted. 7f no criminal action has been
instituted, the motion may be filed in and resolved by the court that
issued search warrant. Dowever, if such court failed to resolve the
motion and a criminal case is subseAuently filed in another court, the
motion shall be resolved by the latter court. n)
Limi%ed Sco'e o+ 1o%ion %o @a&) Searc) Warran%
T)e ;e&%ion o+ 7)e%)er %)ere 7a& aA&e in %)e
en+orcemen% o+ %)e c)allen(ed &earc) 7arran%& i& no%
7i%)in %)e &co'e o+ a 1o%ion To @a&)# 7)ic) i& limi%ed %o
%)e $alidi%/ o+ %)e i&&ance o+ %)e 7arran%. T)e manner o+
&er$in( %)e 7arran% and o+ eBec%in( %)e &earc) are no% an
i&&e %o Ae re&ol$ed in a mo%ion %o ;a&) %)e &earc)
7arran%.T)e remed/ i& a mo%ion %o &''re&& e$idence.
@e&%ion o+ S%andin(
T)e Con&%i%%ional ri()% a(ain&% nrea&onaAle &earc)e&
and &ei6re& i& a 'er&onal ri()% in$ocaAle onl/ A/ %)o&e
7)o&e ri()%& )a$e Aeen in+rin(ed# or %)rea%ened %o Ae
in+rin(ed. 2Valmon%e $&. Villa# G.R. No. D*FDD# Se'%. "F#
1FDF3.
Re'le$in a& a Remed/
T)e rle i& %)a% re'le$in i& no% allo7ed a& a remed/ 7)ere
%)e 'ro'er%/ i& la7+ll/ )eld# %)a% i&# &ei6ed in accordance
7i%) %)e rle a(ain&% 7arran%le&& &earc)e& and &ei6re& or
i%& acce'%ed eGce'%ion&. Pro'er%/ &AEec% o+ li%i(a%ion i&
no% A/ %)a% +ac% alone in c&%odial e(i&. 2A/on( 0ian $&.
CTA# -F SCRA 11>3
A& %)e Cor% &aid in Tami&in $&. OdeEar 21>D P)il. -8>3# KA
%)in( i& in c&%odia le(i& 7)en i% i& &)o7n %)a% i% )a& Aeen
and i& &AEec% %o %)e o?cial c&%od/ o+ a Edicial
eGec%i$e o?cer in 'r&ance o+ )i& eGec%ion o+ a le(al
7ri%.L
Onl/ 7)en 'ro'er%/ i& la7+ll/ %aIen A/ $ir%e o+ le(al
'roce&& i& i% con&idered in %) c&%od/ o+ %)e la7 and no%
o%)er7i&e. 2<a(ali)o( $&. 0on. .d(e Gil P. Fernande6 e%
al.# G.R. No. F8*-8# .ne "=#1FF13
@M T)e Ed(e 7ill i&&e a &earc) 7arran%. S''o&e %)e
&earc) 7arran% i& im'ro'er# 7)ere 7ill /o ;e&%ion %)e
admi&&iAili%/ o+ %)e e$idenceJ -"
AM In %)e ca&e o+ 1alaloan# in ei%)er cor%. <% in %)e ca&e
o+ <an&# i+ %)ere i& alread/ a ca&e# all &)old Ae re&ol$ed
in %)e cor% 7)ere %)e ca&e i& 'endin(# o%)er7i&e %)ere
7ill Ae in%er+erence amon( %)e cor%&.
W)en do /o ;e&%ion %)e $alidi%/ o+ %)e &earc)J
In ille(al arre&%# all de+ec%& &rrondin( %)e arre&% &)old
Ae rai&ed Ae+ore %)e arrai(nmen%# o%)er7i&e %)e de+ec%&
are deemed cred Aeca&e %)ere 7a& a 7ai$er.
7ut in illegal search, such rule does not appl!. >ou
ma! raise such issue e0en after arraignment. <he
wai0er onl! applies on the illegalit! of arrest, and
does not e*tend to searches. EPeople 0s. &rutaF
4otion to ,uash a Warrant or Suppress E0idence
1. If a criminal action has alread! een instituted%
i% ma/ Ae !led in and ac%ed 'on onl/ A/ %)e cor% 7)ere %)e
ac%ion )a&
Aeen in&%i%%ed
2. If no criminal action has een instituted%
%)e mo%ion ma/ Ae !led in and re&ol$ed A/ %)e cor% %)a%
i&&ed %)e &earc)
7arran%
3. 9owe0er, if such court failed to resol0e the motion and
a criminal case is suse?uentl! fled in another court%
%)e mo%ion &)all Ae re&ol$ed A/ %)e la%%er cor%
1. Denue of motion to ?uash
Ang 0. 2&
3:6 S2)& #1
-o0emer 21, 2661
Second Di0ision% ,uisuming, 8.
'acts%
T)e RTC <ranc) 1= o+ <a%ac# Iloco& Nor%e# i&&ed a &earc)
7arran% +or %)e &ei6re o+ !rearm& Aelon(in( %o On(. Follo7in( %)e
con!&ca%ion o+ nlicen&ed !rearm&# %)e Pro$incial Pro&ec%or
c)ar(ed On( 7i%) $iola%ion o+ P.D. 1D88 7)ic) 7a& raZed %o
<ranc) 1-. 1ean7)ile# On( !led a mo%ion %o recall %)e 7arran%
Ae+ore <ranc) 1=.
Issue%
1a/ %)e RTC# <ranc) 1=# recall %)e 7arran% i% 're$io&l/
i&&ed and order %)e re%rn o+ %)e &ei6ed i%em&J
9eld%
No. W)ene$er a &earc) 7arran% )a& Aeen i&&ed A/ one
Cor% or <ranc) and a criminal 'ro&ec%ion i& ini%ia%ed in ano%)er#
a& a re&l% o+ %)e &er$ice o+ %)e &earc) 7arran%# %)e &earc)
7arran% ca&e &)old Ae con&olida%ed 7i%) %)e criminal ca&e +or
orderl/ 'rocedre. T)e criminal ca&e i& more &A&%an%ial %)a% %)e
&earc) 7arran% 'roceedin(# and %)e Pre&idin( .d(e in %)e
criminal ca&e &)old )a$e %)e ri()% %o ac% on 'e%i%ion& %o eGclde
e$idence nla7+ll/ oA%ained. T)e cor% %r/in( %)e criminal ca&e
&)old Ae %)e one %o rle on %)e $alidi%/ o+ %)e &earc) 7arran%# %o
a$oid an/ con+&ion re(ardin( Eri&dic%ion.
2. 4otion to ?uash and preliminar! in0estigation
Solid <riangle 0. Sheri@ of )<2
3:6 S2)& #51
-o0emer 23, 2661
'irst Di0ision% ;apunan, 8.
Issue%
1a/ %)e cor% i&&in( %)e &earc) 7arran% ;a&) %)e &ame on
%)e (rond o+ lacI o+ 'roAaAle ca&e de&'i%e %)e 'endenc/ o+ a
'reliminar/ in$e&%i(a%ion Ae+ore %)e 'ro&ec%orP& o?ce in$ol$in(
'o&&e&&ion o+ oAEec%& 7)ic) 7ere &ei6ed A/ $ir%e o+ %)e 7arran%J
9eld%
Ye&. T)e 'roceedin(& +or %)e i&&ance:;a&)al o+ a &earc)
7arran% Ae+ore a cor% and %)e 'reliminar/ in$e&%i(a%ion Ae+ore an
a%)ori6ed o?cer# are 'roceedin(& en%irel/ inde'enden% o+ eac)
o%)er. T)e 'r'o&e o+ %)e !r&% i& %o de%ermine 7)e%)er a 7arran%
&)old i&&e or Ae ;a&)ed# and %)e &econd# 7)e%)er an
in+orma%ion &)old Ae !led in cor%. W)en %)e cor%# in
de%erminin( 'roAaAle ca&e +or i&&in( or ;a&)in( a &earc)
7arran%# !nd& %)a% no oBen&e )a& Aeen commi%%ed# i% doe& no%
in%er+ere 7i%) or encroac) 'on %)e 'roceedin(& in %)e
'reliminar/ in$e&%i(a%ion. T)e cor% doe& no% oAli(e %)e
in$e&%i(a%in( o?cer no% %o !le an in+orma%ion +or %)e cor%P& rlin(
%)a% no crime eGi&%& i& onl/ +or 'r'o&e& o+ i&&in( or ;a&)in( %)e
7arran%.
I% ma/ Ae %re %)a%# a& a re&l% o+ %)e ;a&)al o+ %)e 7arran%#
%)e 'ri$a%e com'lainan% i& de'ri$ed o+ $i%al e$idence %o e&%aAli&)
)i& ca&e# A% &c) i& %)e ine$i%aAle con&e;ence. Ne$er%)ele&&#
%)e inadmi&&iAili%/ o+ %)e e$idence oA%ained %)ro() an ille(al
7arran% doe& no% nece&&aril/ render %)e 'reliminar/ in$e&%i(a%ion
academic. T)e 'reliminar/ in$e&%i(a%ion and %)e !lin( o+ %)e
in+orma%ion ma/ &%ill 'roceed i+# Aeca&e o+ o%)er 2admi&&iAle3
e$idence# %)ere eGi&%& K&?cien% (rond %o en(ender a 7ellC
+onded Aelie+ %)a% a crime )a& Aeen commi%%ed and %)e
re&'onden% i& 'roAaAl/ (il%/ %)ereo+# and &)old Ae )eld +or
%rial.L
3. E@ect on fling of ci0il case
4anl! Sportswear 0. Dadodette Enterprises
#:6 S2)& 31#
Septemer 26, 2663
'irst Di0ision% >nares.Santiago, 8.
'acts%
W)ere a cor% ;a&)e& a &earc) 7arran% i% 're$io&l/ i&&ed
on %)e (rond %)a% %)ere i& no 'roAaAle ca&e con&iderin( %)a%
%)e co'/ri()%ed 'rodc%& o+ %)e com'lainan% are no% ori(inal
crea%ion&# ma/ com'lainan% &%ill !le a ci$il ca&e +or in+rin(emen%
o+ %rade marIJ
9eld%
Ye&. In %)e de%ermina%ion o+ %)e eGi&%ence o+ 'roAaAle ca&e
+or %)e ;a&)al o+ a 7arran%# i% i& ine$i%aAle %)a% %)e cor% ma/
%oc) on i&&e& 'ro'erl/ %)re&)ed o% in a re(lar 'roceedin(. In
&o doin(# i% doe& no% &r' %)e 'o7er o+# mc) le&& 'reclde# %)e
cor% +rom maIin( a !nal Edicial de%ermina%ion o+ %)e i&&e& in a
+llCAlo7n %rial. Con&e;en%l/# %)e cor%P& !ndin( %)a% %)e &ei6ed
'rodc%& are no% co'/ri()%aAle 7a& merel/ 'reliminar/ a& i% did
no% !nall/ and 'ermanen%l/ adEdica%e on %)e &%a%& and
c)arac%er o+ %)e &ei6ed i%em&. A &e'ara%e com'lain% +or co'/ri()%
in+rin(emen% ma/ &%ill Ae !led Aeca&e %)e order +or %)e ;a&)al
o+ a 7arran% i& no% res Iudicata.
#. Wai0er of o"ections to illegal search
Demaisip 0. People
153 S2)& 3:3
8anuar! 23, 1551
Second Di0ision% Sarmiento, 8.
,uestion%
W)en i& %)ere 7ai$er o+ %)e oAEec%ion& %o %)e $alidi%/ o+ %)e
&earc) 7arran%J
&nswer%
OAEec%ion& %o %)e le(ali%/ o+ %)e &earc) 7arran% and %o %)e
admi&&iAili%/ o+ %)e e$idence oA%ained %)ereA/ are deemed
7ai$ed 7)en no oAEec%ion %o %)e le(ali%/ o+ %)e &earc) 7arran% i&
rai&ed drin( %)e %rial o+ %)e ca&e nor %o %)e admi&&iAili%/ o+ %)e
e$idence oA%ained %)ro() &aid 7arran%.
3. E@ect of failure to o"ect to illegal arrest
People 0. Pua
#13 S2)& 3#6
-o0emer 11, 2663
En 7anc% Per 2uriam
,uestion%
W)ere acc&ed +ail& %o c)allen(e %)e le(ali%/ o+ %)e arre&%
Ae+ore %rial# i& )e al&o 'reclded +rom ;e&%ionin( %)e le(ali%/ o+
%)e &earc)J
&nswer%
No. T)e 7ai$er A/ %)e acc&ed o+ )i& ri()% %o ;e&%ion %)e
le(ali%/ o+ )i& arre&% doe& no% nece&&aril/ carr/ 7i%) i% )i& 7ai$er
o+ %)e ri()% %o ;e&%ion %)e admi&&iAili%/ o+ an/ e$idence 'rocred
A/ %)e 'olice on %)e occa&ion o+ or inciden%al %o )i& ille(al arre&%
or %)erea+%er. T)e 'lea and ac%al 'ar%ici'a%ion o+ %)e acc&ed in
%)e %rial 7old no% cre %)e ille(ali%/ o+ %)e &earc) and %ran&+orm
%)e inadmi&&iAle e$idence in%o oAEec%& o+ 'roo+.

F: 1he judge will issue a search warrant. Suppose the search warrant is
improper, where will you Auestion the admissibility of the evidenceO
*: 7n the case of Malaloan, in either court. -ut in the case of -ans, if
there is already a case, all should be resolved in the court where the case
is pending, otherwise there will be interference among the courts.
Jhen do you Auestion the validity of the searchO
7n illegal arrest, all defects surrounding the arrest should be raised
before the arraignment, otherwise the defects are deemed cured because
there was a waiver.
-ut in illegal search, such rule does not apply. Iou may raise such issue
even after arraignment. 1he waiver only applies on the illegality of
arrest, and does not e@tend to searches. !eople vs. *ruta)
-.) J*++*?1,5SS *++5S1 Section 0, +ule 11')
1.)Jhat is an arrestO
*rrest is the ta8ing of a person in custody so that he may be bound to
answer for the commission of an offense. 1his may be made by actual
restraint of the person to be arrested or by his voluntary submission to
the custody of the person ma8ing the arrest.+ule 11', secs 1 K &)
&rrest
1. Defnition
T)e %aIin( o+ a 'er&on in%o c&%od/
2. Purpose
In order %)a% )e ma/ Ae Aond %o an&7er +or %)e commi&&ion
o+ an oBen&e
Dow is an arrest effectedO
Procedure
1. 9ow arrest is made%
1. </ an ac%al re&%rain% o+ %)e 'er&on %o Ae arre&%ed# or
2. </ %)e &Ami&&ion o+ &c) 'er&on %o %)e c&%od/ o+
%)e 'er&on maIin( %)e arre&%
2. )ules in maBing arrest%
1. Violence or nnece&&ar/ +orce &)all NOT Ae &ed in
maIin( an arre&%# and
2. T)e 'er&on arre&%ed &)all NOT Ae &AEec% %o a
(rea%er re&%rain% %)an i& nece&&ar/ +or )i& de%en%ion
Cse of force
People 0. Sanche/
22: S2)& =2:
-o0emer 1, 1553
En 7anc% 2ru/, 8.
,uestion%
To con&%i%%e arre&%# m&% %)ere Ae an ac%al &e o+ +orce A/
%)e arre&%in( o?cerJ
&nswer%
No. A''lica%ion o+ ac%al +orce# manal %oc)in( o+ %)e Aod/#
')/&ical re&%rain% or a +ormal declara%ion o+ arre&% i& no% re;ired.
I% i& eno() %)a% %)ere Ae an in%en% on %)e 'ar% o+ one o+ %)e
'ar%ie& %o arre&% %)e o%)er and an in%en% on %)e 'ar% o+ %)e o%)er
%o &Ami%# nder %)e Aelie+ and im're&&ion %)a% &Ami&&ion i&
nece&&ar/.
*rrests may be made in two ways:
1. with a warrant3 and
&. through a valid warrantless arrest.
*rrest with a warrant as the general rule
*s a general rule, no person may be ta8en into custody e@cept only by
virtue of a warrant of arrest issued by a competent court, which means,
after a complaint or information has been filed in court.
Sec. &, *rt. 777. (f the 2onstitution
:1he right of the people to be secure in their persons, houses, papers and
effects against unreasonable searches and seiBures of whatever nature
and for any purpose shall be inviolable, and no search warrant or warrant
of arrest shall issue e@cept upon probable cause to be determined
personally by the judge after e@amination under oath or affirmation of
the complainant and the witnesses he may produce, and particularly
describing the place to be searched and the persons or things to be
seiBed.9
1o prevent any violation, the fundamental law provides for the
e@clusionary rule . Section ' &) of *rt. 777 states that:
:*ny evidence obtained in violation of this or the preceding section shall
be inadmissible for any purpose in any proceeding.9
1he issuance of a warrant of arrest is part of the judicial process not of
the police investigation stage.
&.)Jarrantless *rrest
+eason why allowed in e@ceptional cases:
:1o hold that no criminal can, in any case, be arrested and searched for
the evidence and to8ens of his crime without a warrant, would be to
leave society, to a large e@tent, at the mercy of the shrewdest, the most
e@pert, and the most depraved of criminals, facilitating their escape in
many instances,9 Cmil vs. +amos, &(& S2+* &01 G1$$(H)
7n coastal law enforcement, warrantless arrests become the general rule
rather than the e@ception because the violators are aboard motored
vessels that could easily speed away.
1his is the arrest that is part of police investigation and ,therefore, of the
preparatory stage of a criminal action.
Jhat are the instances when a warrant of arrest is not reAuiredO
Sec. 0, +ule 11')
* warrantless arrest may be accomplished by a peace officer or even a
private person in the following instances:
a.)Jhen, in his presence, the person to be arrested has committed, is
actually committing, or is attempting to commit an offense3 7n
flagrante delicto arrest)
b.)Jhen an offense has just been committed and he has probable
cause to believe based on personal 8nowledge of facts or
circumstances that the person to be arrested has committed it hot
pursuit arrest)3 and
c.)Jhen the person to be arrested is a prisoner who has escaped from
a penal establishment or place where he is serving final judgment
or is temporarily confined while his case is pending, or has escaped
while being transferred from one confinement to another.
Dalid Warrantless &rrests
1. When in the presence of the arresting o$cer or
pri0ate person, the person to e arrested%
1. )a& commi%%ed
2. i& ac%all/ commi%%in(# or
3. i& a%%em'%in( %o commi% a crime 4Sec. -2a359
2. When%
1. %)e oBen&e )a& E&% Aeen commi%%ed# and
2. %)e arre&%in( o?cer )a& 'roAaAle ca&e %o Aelie$e#
Aa&ed on 'er&onal Ino7led(e o+ +ac%& or circm&%ance& %)a%
%)e 'er&on %o Ae arre&%ed )a& commi%%ed i% 4Sec. -2A35
3. When the person to e arrested%
1. i& a 'ri&oner 7)o )a& e&ca'ed +rom a 'enal
e&%aAli&)men% or 'lace 7)ere 0e i& &er$in( Ed(men%# or
2. i& a 'ri&oner 7)o )a& e&ca'ed +rom a 'enal
e&%aAli&)men% or 'lace )e i& %em'oraril/ con!ned 7)ile )i&
ca&e i& 'endin(# or
3. )a& e&ca'ed 7)ile Aein( %ran&+erred +rom one
con!nemen% %o ano%)er 4Sec. -2C3
7n cases falling under paragraphs a) and b) above, the person arrested
without a warrant shall be forthwith delivered to the nearest police
station or jail and shall be proceeded against in accordance with Section
4 of +ule 11& or the rule on inAuest proceedings.Sec. 0)
Procedure
1. Persons authori/ed to maBe warrantless arrests%
1. A 'olice o?cer or 'eace o?cer# or
2. An/ 'ri$a%e 'er&on
2. Procedure after arrest is made under par. a I %
1. T)e 'er&on arre&%ed 7i%)o% a 7arran% &)all Ae deli$ered
%o %)e neare&%
'olice &%a%ion or Eail# and
". 0e &)all Ae 'roceeded a(ain&% in accordance 7i%) Sec. = o+
Rle 11"
In general
People 0. Hapita"e
35: S2)& =:#
'eruar! 15, 2663
En 7anc% &ustria.4artine/, 8.
'acts%
L%. Col. 1aro Oar(a# an o?cer o+ %)e P)ili''ine Air Force#
%e&%i!edM
On Oc%. *1# 1FF*# )e and )i& com'anion& )ad a Aeac) ac%i$i%/ a%
Ca%mondaan# Ca%mon# CeA. On %)eir 7a/ %o Ca%mon# %)e/ &a7
K+orL 'er&on& rnnin( %o7ard& a 7ai%in( %aGi. Findin( %)e
ac%a%ion& o+ %)e men %o Ae &&'icio&# )e in&%rc%ed )i& dri$er %o
o$er%aIe %)e %aGi and a&Ied )i& men %o di&emAarI +or %)e 'r'o&e
o+ condc%in( a &earc) on %)e %aGi a& 7ell a& on %)e K+orL
'er&on& 7)o )ad alread/ Aoarded %)e %aGi. T)e +or 7ere
arre&%ed# and %)e/ %rned o% la%er %o Ae %)e &&'ec% in a crime o+
roAAer/ 7i%) )omicide commi%%ed earlier.
Issue%
Wa& %)e arre&% $alidJ
9eld%
No. None o+ %)e a+ore&aid circm&%ance& +or a $alid arre&%
nder Rle 11*# Sec. -# Re$i&ed Rle& o+ Criminal Procedre# 7ere
a%%endan% in %)e ca&e a% Aar. T)e K+or menL 7ere no% 'ri&oner&
7)o )ad E&% e&ca'ed +rom a 'enal e&%aAli&)men%. L%. Col. Oar(a
did no% %e&%i+/ %)a% %)e K+or menL )e )ad &een rnnin( %o7ard&
%)e %aGi )a$e earlier commi%%ed or 7ere ac%all/ commi%%in( or
a%%em'%in( %o commi% an oBen&e in )i& 're&ence.
People 0. 7olasa
321 S2)& #35
Decemer 22, 1555
Second Di0ision% 7ellosillo, 8.
'acts%
Ti''ed A/ an anon/mo& caller %)a% a man and a 7oman
7ere re'acIin( 'ro)iAi%ed dr(& a% a cer%ain )o&e in Valen6ela#
1e%ro 1anila# %)e 'olice 7en% %o %)e 'lace. W)en %)e/ reac)ed
%)e )o&e accom'anied A/ %)eir in+ormer# %)e/ 'ee'ed in&ide
%)ro() a 7indo7 and &a7 a man and a 7oman re'acIin(
&&'ec%ed mariEana. T)e/ en%ered %)e )o&e# con!&ca%ed %)e
i%em& and arre&%ed acc&ed.
Issue%
Wa& %)e arre&% la7+lJ
9eld%
No. T)e arre&% 7a& ille(al. Fir&%# %)e arre&%in( o?cer& )ad no
'er&onal Ino7led(e %)a% a% %)e %ime o+ %)e arre&% acc&ed )ad
E&% commi%%ed# 7ere commi%%in( or 7ere aAo% %o commi% an
oBen&e. Second# %)e arre&%in( o?cer& )ad no 'er&onal Ino7led(e
%)a% a crime 7a& commi%%ed# nor did %)e/ )a$e an/ rea&onaAle
(rond %o Aelie$e %)a% acc&ed commi%%ed i%. T)e &earc) 7a& al&o
ille(al. Since %)e arre&% 7a& ille(al# %)e &earc) 7a& no% inciden% %o
a la7+l arre&%. LiIe7i&e# i% 7a& no% al&o a &earc) o+ e$idence in
'lain $ie7 &ince %)e mariEana 7a& no% inad$er%en%l/ di&co$ered.
Nor 7a& i% a ca&e o+ &earc) o+ a mo$in( $e)icle# a con&en%ed
&earc)# c&%om& &earc)# &%o' and +ri&I or one done nder eGi(en%
and emer(enc/ circm&%ance&.
a.3 7n Elagrante <elicto *rrest
4eaning of Jin fagrante delicto
People 0. 2hua
35= S2)& =3:
'eruar! #, 2663
'irst Di0ision% >nares.Santiago, 8.
,uestion%
W)a% i& an arre&% in Hagrante delictoJ
&nswer%
In in Hagrante delicto arre&%&# %)e acc&ed i& a''re)ended a%
%)e $er/ momen% )e i& commi%%in( or a%%em'%in( %o commi% or
)a& E&% commi%%ed an oBen&e in %)e 're&ence o+ %)e arre&%in(
o?cer. Accordin(l/# +or %)i& eGce'%ion %o a''l/ " elemen%& m&%
concrM 213 %)e 'er&on %o Ae arre&%ed m&% eGec%e an o$er% ac%
indica%in( %)a% )e )a& E&% commi%%ed# i& ac%all/ commi%%in(# or i&
a%%em'%in( %o commi% a crime9 and 2"3 &c) o$er% ac% i& done in
%)e 're&ence or 7i%)in %)e $ie7 o+ %)e arre&%in( o?cer.
Jhat are the reAuisitesO
a) 1he person to be arrested must e@ecute an overt act indicating that
he has just committed, is actually committing, or is attempting to
commit a crime3 and
b) Such overt act is done in the presence or within the view of the
arresting officer or civilian. !eople vs. 5lamparo, '&$ S2+* #(#,
#10 G&(((H)
Jhat is meant by :in his presence9O
*n offense is committed in the presence or within the view of an officer,
within the meaning of the rule authoriBing an arrest without a warrant,
when the officer sees the offense, although at a distance, or hears the
disturbance caused thereby and proceeds at once to the scene thereof, or
the offense is continuing3 or has not been consummated at the time when
the arrest is made. !adilla vs. 2*, &/$ S2+* #(&, #1# G1$$4H3CS vs.
Samonte, 1/ !hil. 01/3 Sayo vs. 2hief of !olice, .( !hil. .0$)
Jhen a police officer sees the offense, although at a distance, or hears
the disturbances created thereby, and proceeds at once to the scene
thereof, he may effect an arrest without a warrant as the offense is
deemed committed in his presence or within his view. !eople vs.
*lunday, %+ 1.10#/, Sept. ', &((.3 !eople vs. Sucro 1$0 S2+* '..
G1$$1H)

7s presence of the arresting officer or civilian enoughO
7t is not enough that the crime has been committed, is being committed
or about to be committed in the presence of the arresting officer or
civilian, he must also be aware personal 8nowledge) of such crime
before the arrest. 7n other words, the acts must be 8nown to the officer at
the time of their commission through his sensory perceptions before the
arrest.
6nowledge of the commission of the crime in oneLs presence must
precede the arrest. !eople vs. -urgos, 1## S2+* (13 !eople vs.
*minudin, 1/' S2+* #(&3 !eople vs. Mengote, &1( S2+* 11#3 !eople
vs. 2uiBon, &0/ S2+* '&03 !osadas vs. 2*, *ugust &, 1$$( etc)
!ersonal 6nowledge or *wareness Must !recede 1he *rrest
2ases:
People 0. E0aristo
21= S2)& #31
Decemer 11, 1552
'irst Di0ision% Padilla, 8.
,uestion%
W)en i& an oBen&e deemed %o Ae commi%%ed in %)e
K're&enceL o+ %)e 'eace o?cer or %)e 'ri$a%e 'er&onJ
&nswer%
An oBen&e i& commi%%ed in %)e 're&ence or 7i%)in %)e $ie7 o+
an o?cer# 7i%)in %)e meanin( o+ %)e rle a%)ori6in( an arre&%
7i%)o% a 7arran%# 7)en %)e o?cer &ee& %)e oBen&e# al%)o() a%
a di&%ance# or )ear& %)e di&%rAance crea%ed %)ereA/ and
'roceed& a% once %o %)e &cene %)ereo+.
d. &rrest during u!.ust operation
<eodosio 0. People
#31 S2)& 15#
8une 1, 266#
<hird Di0ision% 2orona, 8.
'acts%
Acc&ed &old a (ram o+ K&)aAL %o a 'olice o?cer in a
A/A&% o'era%ion. A& &oon a& %)e &ale %ooI 'lace# %)e 'olice
arre&%ed )im# &earc)ed )i& 'ocIe%& and reco$ered %)e marIed
mone/ Aill& and ano%)er (ram o+ K&)aAL. T)erea+%er# %)e 'olice
arre&%ed )im.
Issue%
I& %)e 7arran%le&& arre&% $alidJ
9eld%
Ye&. An arre&% made a+%er an en%ra'men% doe& no% re;ire a
7arran% ina&mc) a& i% i& con&idered a $alid 7arran%le&& arre&%
'r&an% %o Rle 11*# Sec. -2a3 o+ %)e Rle& o+ Cor%. An/ &earc)
re&l%in( +rom a la7+l 7arran%le&& arre&% i& $alid Aeca&e %)e
acc&ed commi%%ed a crime in Hagrante delicto# %)a% i&# %)e
'er&on arre&%ed commi%%ed a crime in %)e 're&ence o+ %)e
arre&%in( o?cer&.
e. 2ontinuing o@enses
Cmil 0. )amos
11: S2)& 311
8ul! 5, 1556
En 7anc% Per curiam
Issue%
1a/ a 'er&on Ae arre&%ed 7i%)o% a 7arran% +or %)e crime o+
reAellion e$en i+ )e i& no% a% %)e %ime o+ arre&% ac%all/ in %)e ac%
o+ %aIin( ' arm& a(ain&% %)e (o$ernmen%J
9eld%
Ye&. ReAellion Aein( a con%inin( oBen&e# %)e arre&% 7i%)o%
7arran% i& E&%i!ed a& i% can Ae &aid %)a% )e i& commi%%in( an
oBen&e 7)en arre&%ed. T)e crime& o+ reAellion# &A$er&ion#
con&'irac/ or 'ro'o&al %o commi% &c) crime&# and crime& or
oBen&e& commi%%ed in +r%)erance %)ereo+ or in connec%ion
%)ere7i%) con&%i%%e direc% a&&al%& a(ain&% %)e S%a%e and are in
%)e na%re o+ con%inin( crime&. A reAel ma/ Ae deemed %o Ae in
Hagrante delicto a% all %ime& +or 'r'o&e& o+ arre&%.
!eople vs. Mengote, &1( S2+* 14# 1$$&)
1he police received a telephone call that there were three suspicious
loo8ing persons at the corner of >uan ,una and ?orth -ay -oulevard at
1ondo. 1he police responded by sending a team who saw two
men:loo8ing from side to side,9 one of whom was holding his abdomen.
1he police approached them and identified themselves as policemen
whereupon the two tried to run away. 1he other lawmen surrounded
them and searched them and one of them was found with an unlicensed
firearm and live ammunition.
Jas the search and seiBure legalO
Deld:
7t is illegal. *t the time of the arrest, the appellant was merely loo8ing
from side to side and holding his abdomen. 1his is not a crime.
1he police did not 8now then what offense if at all had been committed
and neither were they aware of the participation therein of the appellant.
P@@ *s for the illegal possession of firearm, the police discovered this
only after he had been searched and investigated. 1he Supreme 2ourt
cited the cases of -urgos, *lih 2astro and *minnudin holding that it
would be a sad day, indeed, if any person could be summarily arrested
and searched just because he is holding his abdomen, even if it be
possibly because of stomachache, or if a peace officer could clamp
handcuffs on any person with a shifty loo8 on suspicion that he may
have committed a criminal act, or is actually committing, or attempting
to commit it.
!eople vs. -urgos, 1## S2+* 1 1$./)
2esar Masamlo8 surrendered to the !2 on May 1&, 1$.& stating that he
was forcibly recruited by +uben -urgos, a member of the ?!*,
threatening him with the use of firearm against his life, if he refused. *
joint team of members of the !2=7?! was dispatched the following day
to arrest +uben -urgos and they were able to locate and arrest him while
he was plowing his field. 7nterrogation was made in the house of the
accused, De first denied possession of the firearm but later, upon further
Auestioning, the wife of the accused pointed to a place below their house
where a gun was buried in the ground. *fter the recovery of the firearm,
the accused li8ewise pointed to the subversive documents which the !2
found 8ept in a stoc8 pile of cogon, at a distance of three meters apart
from his house. Jhen confronted with the firearm, the accused readily
admitted the same as issued to him by the team leader of a sparrow unit.
1he lower court justified the arrest, search and seiBure without warrant.
"n review the Supreme 2ourt posed the following Auestions: Jas the
arrest of the accused lawfulO Jere the search of his house and the
subseAuent confiscation of a firearm and documents allegedly found
therein conducted in a lawful and valid mannerO <oes the evidence
sustaining the crime charged meet the test of proving guilt beyond
reasonable doubtO
7n reversing the trial court, the Supreme 2ourt stressed:
:Cnder Section /a) +ule 11', the officer arresting a person who has just
committed, is committing, or is about to commit an offense must have
personal 8nowledge of that fact. 1he offense must also be committed in
his presence or within his view. Sayo vs. 2hief of !olice, .( !hil. .0$)
1here is no such personal 8nowledge in this case. Jhatever 8nowledge
was possessed by the arresting officers, it came in its entirety from the
information furnished by 2esar Masamlo8. 1he location of the firearm
was given by the appellantLs wife.
*t the time he was arrested, he was not committing a crime but was
plowing his field. 7f an arrest without warrant is unlawful at the moment
it is made, generally nothing that is discovered afterwards can ma8e it
lawful.9
7s mere suspicion enough to justify an in flagrante arrestO
Mere suspicion is insufficient as personal 8nowledge is reAuired.
!eople vs. *minnudin, 1/' S2+* #(& 1$..)
1he !2 officers had earlier received a tip from one of their informers
that the accused was on board a vessel bound for 7loilo 2ity and was
carrying marijuana. De was identified by name. *cting on this tip, they
waited for him in the evening of >une &0,1$.#, and approached him as
he descended from the gangplan8 after the informer had pointed to him.
1hey detained him and inspected the bag he was carrying. 7t was found
to contain ' 8ilos of what were later analyBed as marijuana leaves by an
?-7 forensic e@aminer, who testified that she conducted microscopic,
chemical and chromatographic tests on them.
7s the arrest validO
7s the search properO
Deld:
2ontrary to the averments of the government, the accused was not
caught in flagrante nor was a crime about to be committed, or had just
been committed to justify the warrantless arrest. Jhat he was doing was
descending the gangplan8 of the M); Jilcon $ and there was no
outward indication that called for his arrest. 1o all appearances, he was
li8e any of the other passengers innocently disembar8ing from the
vessel. 7t was only when the informer pointed to him as the carrier of the
marijuana that he suddenly became suspect and so subject to
apprehension. 7t was the furtive finger that triggered his arrest. 1he
identification by the informer was the probable cause as determined by
the officers and not a judge) that authoriBed them to pounce upon
*minnudin and immediately arrest him.
Eactor of Crgency
1he Supreme 2ourt also said that even e@pediency could not be invo8ed
to dispense with the obtention of the warrant as in the case of +oldan vs.
*rca, for e@ample. Dere it was held that vessels and aircraft are subject
to warrantless searches and seiBures for violation of the customs law
because these vehicles may be Auic8ly moved out of the locality or
jurisdiction before the warrant can be secured.
1he present case presented no such urgency. Erom the conflicting
declarations of the !2 witnesses, it is clear that they had at least two
days within which they could have obtained a warrant to search
*minnudin who was coming to 7,"7," on the M); Jilcon $. Dis name
was 8nown. 1he vehicle was identified. 1he date of his arrival was
certain. *nd from the information they had received, they could have
persuaded a judge that there was probable cause, indeed, to justify the
issuance of a warrant. Iet they did nothing. ?o effort was made to
comply with the law.
7n other words, among the considerations in determining the validity of a
warrantless arrest is whether or not there was an opportunity to obtain a
search warrant.
2ompare such decision in cases where there is lac8 of opportunity to
obtain a warrant of search.
!eople vs. Saycon, &/' S2+* '&0
* warrantless arrest, search and seiBure, based on information from a
?*+2"M agent that a suspected shabu courier was arriving at
<umaguete 2ity on board a vessel and who was pointed to by another
agent, was justified although the suspect was not perceptively
committing a crime but li8e *minnudin merely alighted from the vessel.
1he search and seiBure was justified under the principle justifying the
search of moving vehicles as there was no time to obtain a warrant.
1he Supreme 2ourt observed:
1he record shows that the ?*+2"M officers were uncertain as to the
precise date and time appellant would arrive from Manila3 all they 8new
is that he would be ta8ing a boat from Manila to <umaguete on the
morning of . >uly 1$$&. More specific details were received earlier on
the morning that the appellant would be arriving the same morning.
2learly, the agents had to act Auic8ly but there was not enough time to
obtain a warrant of arrest or search warrant.
7n determining the opportunity for obtaining warrants, not only the
intervening time is controlling but also the nature of the information. 7n
other words, the information must be sufficient also to justify the
issuance of a search warrant.
c. &rrest ased on report
People 0. 2hua
35= S2)& =3:
'eruar! #, 2663
'irst Di0ision% >nares.Santiago, 8.
,uestion%
1a/ an in Hagrante delicto arre&% Ae made Aa&ed &olel/ on
re'or%&J
&nswerK
No. I% )a& Aeen )eld %)a% KreliaAle in+orma%ionL alone# aA&en%
an/ o$er% ac% indica%i$e o+ a +elonio& en%er'ri&e in %)e 're&ence
and 7i%)in %)e $ie7 o+ %)e arre&%in( o?cer&# i& no% &?cien% %o
con&%i%%e 'roAaAle ca&e %)a% 7old E&%i+/ an in Hagrante
delicto arre&%. 0ence# in *eople v. Aminnudin [<ul" @, 1/JJ]# i% 7a&
rled %)a% Kacc&ed 7a& no%# a% %)e momen% o+ )i& arre&%#
commi%%in( a crime nor 7a& i% &)o7n %)a% )e 7a& aAo% %o do &o
or %)a% )e )ad E&% done &o. W)a% )e 7a& doin( 7a& de&cendin(
%)e (an('lanI o+ %)e 1:V Wilcon and %)ere 7a& no o%7ard
indica%ion %)a% called +or )i& arre&%. To all a''earance&# )e 7a& liIe
an/ o+ %)e o%)er 'a&&en(er& innocen%l/ di&emAarIin( +rom %)e
$e&&el. I% 7a& onl/ 7)en %)e in+ormer 'oin%ed %o )im a& %)e carrier
o+ %)e mariEana %)a% )e &ddenl/ Aecame &&'ec% and &o &AEec%
%o a''re)en&ion.L
b.) D"1 !C+SC71 *++5S1
Jhat are the reAuisitesO
1.an offense must in fact have been committed not mere reasonable
ground to believe)3
&. the offense has just been committed3 and
'. probable cause to believe, based on personal 8nowledge of facts and
circumstances, that the person to be arrested committed it.!eople vs.
<el +osario, '(0 S2+* 4#(, 4#/ G1$$$H3 !eople vs. Mahusay, &.&
S2+* .(, ./ G1$$4H3 Cmil v s. +amos, &(& S2+* &01 G1$$1H)
Eirst element: "ffense in fact committed
7t is not enough that there is reasonable ground to believe that the person
to be arrested has committed a crime. * crime must in fact, or actually
have been committed first. 1hat a crime has actually been committed is
an essential precondition. 7t is not enough to suspect that a crime may
have been committed. 1he fact of the commission of the offense must be
undisputed. !eople vs. -urgos, 1## S2+* (1)
1he Supreme 2ourt further said:
:7n this case, the accused was arrested on the sole basis of Masamlo8Ls
verbal report. Masamlo8 led the authorities to suspect that the accused
had committed a crime. 1hey were still fishing for evidence of a crime
not yet ascertained. 1he subseAuent recovery of the subject firearm on
the basis of information from the lips of a frightened wife cannot ma8e
the arrest lawful.
See also !eople vs. 2uiBon &0/ S2+* '&0, ''$ G1$$/H)
Second 5lement: :>ust been committed9
7t connotes immediacy in point of time. 1he recency contemplated here,
in relation to the ma8ing of the warrantless arrest, is the time when the
crime was in fact committed, and not the time when the person ma8ing
the arrest learned or was informed of such commission.!eople vs. <el
+osario, '(0 S2+* 4#(, 4/( G1$$$H)
1hus, where the appellants were apprehended two days after the
discovery of the crime, the arrest cannot be justified under any of the
recogniBed e@ceptions. !eople vs. "livareB, >r. &$$ S2+* /'0, /#/=/#4
G1$$.H)
1hird element: !robable cause to believe, based on personal 8nowledge
of facts or circumstances, that the person to be arrested committed it.
:1hus, while the law enforcers may not actually witness the e@ecution of
an act constituting the offense, they must have direct 8nowledge or view
of the crime right after its commission. 1hey should 8now for a fact that
a crime was committed, indicating that he perpetrated the crime. *gain,
mere intelligence information that the suspect committed the crime will
not suffice. 1he arresting officers themselves must have personal
8nowledge of facts showing that the suspect performed the criminal act.
!ersonal 8nowledge means actual belief or reasonable grounds of
suspicion, based on actual facts, that the person to be arrested is
probably guilty of committing the crime.
:!ersonal 6nowledge of Eacts9
:!ersonal 8nowledge9 of facts in arrests without a warrant under Section
0b) of +ule 11', must be based upon :probable cause9 which means an
:actual belief or reasonable grounds of suspicion.9 1he grounds of
suspicion are reasonable when, in the absence of actual belief of gthe
arresting officers, the suspicion that the person to be arrested is probably
guilty of committing the offense is based on actual facts, i.e. supported
by circumstances sufficiently strong in themselves to create probable
cause of guilt of the person to be arrested. * reasonable suspicion
therefore must be founded on probable cause, coupled with good faith
on the part of the peace officers ma8ing the arrest. !osadas vs.
"mbudsman, '#1 S2+* '$0, '$4 G&(((H citing !eople vs. <oria, '(1
S2+* //., 4($ G1$$1H)
7n a case, the policemen who were on patrol received a radio call from
their camp directing them to proceed to the place where there was
shooting. 1hey proceeded to the place and found the victim. 1he
bystanders pointed to the accused as one who had shot the victim. 1hey
then arrested the accused and seiBed from him a .'. caliber revolver
covered by a mission order and memorandum receipt. 7t was held that
the warrantless arrest and search were valid. 1he arresting officers thus
acted on the basis of the personal 8nowledge of the death of the victim
and of facts indicating that accused was the assailant. !eople vs. >ayson,
&.& S2+* 1//, 14(=141 G1$$4H3 !eople vs. Sinoc, &40 S2+* '04, '41
G1$$4H)
1he Supreme 2ourt upheld warrantless arrests under analogous
circumstances.
!eople vs. 1onog, >r. &(0 S2+* 44# G1$$&H
1he police found the lifeless body of a person with several stab wounds.
*n informer pointed to the accused as the person who had 8illed the
victim. 1hat afternoon, police officers arrested the accused. "n their way
to the police station, a policeman noticed bloodstains on the accusedLs
pants which, when e@amined, was found to be the same blood type :"9
found on the fatal 8nife.
1he 2ourt upheld the warrantless arrest and ruled that the blood=stained
pants, having been seiBed as an incident to a lawful arrest, was
admissible in evidence.
!adilla vs. 2ourt of *ppeals, &/$ S2+* #(& G1$$4H
!etitioner +obin !adilla figured in a hit=and=run accident with a
Mitsubishi pajero. 1he incident was witnessed by Manarang, a member
of a civic group. Manarang rode his motorcycle and chased the
petitioner and was able to ma8e out the plate number !M* 444. De
called the ;iper through the radio, which flashed the message to all !?!
units of *ngeles 2ity. !?! mobile patrols respondend to the call. *t the
*bacan bridge, Manarang found Mobile ?o. ' with S!"& -orja and
Miranda. De informed them about the hit=and=run incident. De returned
to where he came from until he saw the vehicle that figured in the
incident and he followed it. Soon the vehicle was within sight of -orja
and Miranda of Mobile ?o. '. 1hey rode their mobile car and cut into
the path of the vehicle forcing it to stop. 1he police officers reAuested
petitioner to alight the vehicle. Jhen he alighted with his hands raised, a
gun tuc8ed on the left of his waist was revealed. 1he gun was
confiscated and his car was searched for weapons which turned out to
contain firearms and ammunitions of assorted calibre.
!etitioner insisted that his arrest was illegal arguing that the policemen
who actually arrested him were not at the scene of the hit and run.
1he Supreme 2ourt held:
: @ @ @ Je beg to disagree. 1hat Manarang decided to see8 the aid of the
policemen who admittedly were nowhere in the vicinity of the hit and
run) in effecting the petitionerLs arrest, did not in any way affect the
propriety of the apprehension. 7t was in fact the most prudent action
Manarang could have ta8en rather than collaring the petitioner himself,
inasmuch as policemen are unAuestionably better trained and well=
eAuipped in effecting an arrest of a suspect li8e herein petitioner) who,
in all probability, could have put up a degree of resistance which an
untrained civilian may not be able to contain without endangering his
own life. P @ @9
!osadas vs. 2*, 1.. S2+* &.. G1$$(H)
1he accused was seen acting suspiciously, and when accosted by two
members of the <avao 7?! who identified themselves as lawmen, he
suddenly fled, but was pursued,. Subdued and placed in custody. 1he
buri bag he was carrying yielded an unlicensed revolver, live
ammunition and a tear gas grenade.
1he Supreme 2ourt upheld his conviction for illegal possession of
firearms, holding that, there was under the circumstances sufficient
probable cause for a warrantless search.
See Separate opinion of >ustice *rtemio !anganiban in the 1$$$ case of
!eople vs. <oria -olado, %.+. ?o. 1&0&$$, >an. &&,1$$$.
7n most cases, the arrest is validated based on the 8nowledge derived by
the arresting officer from his investigation and the testimony of
witnesses !eople vs.!osadas, '#&, S2+* '.., G&(((H)
*s a minimum, however, and to prevent abuse, an eyewitness or victim
must accompany the arresting officer during the arrest. *t the very least,
material or physical evidence must be found lin8ing the person to be
arrested to the crime. 7n !eople vs. Sinoc &40 S2+* '04, G1$$4H), the
2ourt validated the arrest in a robbery case, because the accused was
holding the 8ey to the stolen vehicle. 1his would at least ensure that
arrests are not based on mere suspicion.
Proale cause defned
People 0. Doria
361 S2)& ==1
8anuar! 22, 1555
En 7anc% Puno, 8.
,uestion%
W)a% doe& K'roAaAle ca&eL in arre&% 7i%)o% a 7arran%
meanJ
&nswer%
KProAaAle ca&eL mean& an Kac%al Aelie+ or rea&onaAle
(rond& o+ &&'icion.L T)e (rond& o+ &&'icion are rea&onaAle
7)en# in %)e aA&ence o+ ac%al Aelie+ o+ %)e arre&%in( o?cer&# %)e
&&'icion %)a% %)e 'er&on %o Ae arre&%ed i& 'roAaAl/ (il%/ o+
commi%%in( %)e oBen&e# i& Aa&ed on ac%al +ac%&. A rea&onaAle
&&'icion %)ere+ore m&% Ae +onded on 'roAaAle ca&e# co'led
7i%) (ood +ai%) on %)e 'ar% o+ %)e 'eace o?cer& maIin( %)e
arre&%.
ii. Witness pro0ided identit! of culprit
People 0. (erente
215 S2)& :3=
4arch 16, 1553
'irst Di0ision% (rino.&?uino, 8.
'acts%
T)ree )or& a+%er %)e Iillin(# %)e 'olice arre&%ed acc&ed.
T)e arre&% 7a& Aa&ed on %)eir in$e&%i(a%ion a+%er %)e/ &a7 %)e
$ic%im dead a% %)e )o&'i%al9 in&'ec%ed %)e &cene o+ %)e crime and
+ond %)e in&%rmen%& o+ dea%)M a 'eace o+ 7ood and a concre%e
)ollo7 AlocI9 and %alIed %o a 7i%ne&& 7)o re'or%ed %)e )a''enin(
%o %)e 'olicemen and +rni&)ed %)em %)e iden%i%/ o+ %)e acc&ed#
)er nei()Aor.
Issue%
I& %)e arre&% $alidJ
9eld%
Ye&. Under %)o&e circm&%ance&# &ince %)e 'olicemen )ad
'er&onal Ino7led(e o+ %)e $iolen% dea%) o+ %)e $ic%im and o+ +ac%&
indica%in( %)a% acc&ed and %7o o%)er& )ad Iilled )im# %)e/ cold
la7+ll/ arre&% acc&ed 7i%)o% a 7arran%. I+ %)e/ )ad 'o&%'oned
)i& arre&% n%il %)e/ cold oA%ain a 7arran%# )e 7old )a$e Ned
%)e la7 a& )i& %7o com'anion& did.
iii. Witnesses pinpointed to the culprit
People 0. Dinalon
31# S2)& =23
8ul! 11, 2662
En 7anc% ,uisuming, 8.
'acts%
Drin( a roAAer/ aAoard a A& 7)ic) re&l%ed %o %)e dea%) o+
a 'oliceman# " o+ %)e roAAer& and " 'a&&en(er& 7ere inEred.
W)ile Vinalon 7a& Aein( %rea%ed a% a )o&'i%al# &e$eral 'a&&en(er&
arri$ed accom'anied A/ 'olicemen. T)e 'a&&en(er& 'oin%ed %o
Vinalon and )i& com'anion a& " o+ %)e , roAAer& 7)o roAAed
%)em. W)en %)e " 7ere +ri&Ied and &earc)ed A/ %)e 'olice# %)e/
reco$ered 7ri&%7a%c)e&# mone/ and iden%i!ca%ion 'a'er&
Aelon(in( %o 'a&&en(er&. Vinalon and )i& com'anion 7ere
arre&%ed.
Issue%
Wa& %)e 7arran%le&& arre&% $alidJ
9eld%
Ye&. I% )a& Aeen 're$io&l/ )eld %)a% a 7arran%le&& arre&%
ma/ Ae made A/ 'olice o?cer& Aa&ed on %)eir 'er&onal
Ino7led(e clled +rom %)e $ic%im )er&el+ 7)o 'oin%ed %o %)e
&&'ec% a& %)e a&&ailan% a% %)e %ime o+ %)e arre&%. T)e arre&% o+
Vinalon in %)i& ca&e done immedia%el/ a+%er %)e inciden% 7a& $alid
+or i% 7a& made A/ %)e arre&%in( o?cer& a+%er %)e $ic%im& o+ %)e
roAAer/ 'oin%ed %o )im. Accordin(l/# %)e &earc) and &ei6re are
$alid a& inciden%al %o a la7+l arre&%.
i0. Dictim pinpointed to the culprit
2udia 0. 2&
312 S2)& :63
&ugust 15, 1555
Second Di0ision% ,uisuming, 8.
'acts%
W)ile %)e 'olice 7ere on 'a%rol one e$enin( aAoard a
$e)icle# %)e/ recei$ed a radio call %o 'roceed %o a 'lace 7)ere a
)oldC' )ad %aIen 'lace. T)ere# %)e $ic%im& &aid %)a% %)e )oldC
''er& )ad Ned &o %)a% %)e 'olice re;e&%ed %)em %o Aoard %)e
'a%rol $e)icle& %o +acili%a%e %)e &earc). T)e $ic%im& de&criAed %)e
color o+ %)e clo%)in( o+ %)e " 'er'e%ra%or&. T)e/ la%er came 'on "
men 7alIin( 7)om %)e $ic%im& iden%i!ed a& %)e cl'ri%&. A& one o+
%)e " a%%em'%ed %o 'll &ome%)in( +rom )i& 7ai&%# a 'oliceman
'oin%ed )i& !rearm and +ri&Ied %)e &&'ec%. A (n 7a& %aIen +rom
)im.
Issue%
Wa& %)e arre&% o+ acc&ed $alidJ
9eld%
Ye&. I% )a& Aeen rled %)a% K'er&onal Ino7led(e o+ +ac%&L in
arre&%& 7i%)o% a 7arran% m&% Ae Aa&ed 'on 'roAaAle ca&e# an
ac%al Aelie+ or rea&onaAle (rond& o+ &&'icion. In %)i& ca&e#
%)ere 7a& an ini%ial re'or% %o %)e 'olice concernin( %)e roAAer/. A
radio di&'a%c) 7a& %)en (i$en %o %)e arre&%in( o?cer&# 7)o
'roceeded %o %)e 'lace %o $eri+/. T)e/ me% ' 7i%) %)e
com'lainan%& 7)o ini%ia%ed %)e re'or% aAo% %)e roAAer/. U'on %)e
o?cerP& in$i%a%ion# Ao%) mo%)er and da()%er Aoarded %)e moAile
ni% %o Eoin %)e &earc). T)e acc&ed 7a& &'o%%ed in %)e $icini%/.
<a&ed on %)e re'or%ed &%a%emen%& o+ %)e com'lainan%&# )e 7a&
iden%i!ed a& a lo(ical &&'ec% in %)e oBen&e commi%%ed.
0. Where no proale cause e*ists
People 0. 2ucuin
3=6 S2)& =56
8ul! 16, 2661
En 7anc% 4endo/a, 8.
'acts%
A+%er Aein( in+ormed %)a% a 'er&on )a& Aeen &)o%# %)e 'olice
&en% a %eam %o in$e&%i(a%e. T)e/ &a7 %)e $ic%im &lm'ed on )i&
%ric/cle 'arIed near %)e road. A+%er %alIin( %o a 7ai%re&& and a
%ric/cle dri$er 7)o (a$e %)em %)e de&cri'%ion o+ %)e 'er&on la&%
&een 7i%) %)e $ic%im# %)e 'olice 7en% %o %)e )o&e o+ acc&ed.
T)e/ InocIed and 7)en acc&ed o'ened %)e door# %)e/ no%iced
%)a% )e !%%ed %)e de&cri'%ion. A&Ied aAo% %)e Iillin(# acc&ed
denied in$ol$emen%. En%erin( %)e )o&e# %)e/ +ond a KAloodiedL
0ane& TC&)ir% 'laced o$er a di$ider. W)en %)e 'olice 'icIed i% '#
%7o &'en% .*D caliAer &)ell& +ell +rom i%. T)e/ %)en Aro()% )im %o
%)e ca+e 7)ere %)e 7ai%re&& iden%i!ed )im a& %)e 'er&on &)e &a7
drinIin( Aeer 7i%) %)e $ic%im.
Issue%
Wa& %)e arre&% la7+lJ
9eld%
No. For a 7arran%le&& arre&% %o Ae $alid# i% i& re;ired %)a% %)e
oBender )a& E&% commi%%ed an oBen&e and %)e arre&%in( o?cer
)ad 'er&onal Ino7led(e o+ +ac%& indica%in( %)a% %)e 'er&on
arre&%ed )a& commi%%ed i%. In %)i& ca&e# %)e !r&% re;i&i%e i&
&a%i&!ed Aeca&e %)e arre&% o+ acc&ed 7a& eBec%ed &)or%l/ a+%er
%)e $ic%im 7a& Iilled. <% %)e/ )ad no 'roAaAle ca&e %o Aelie$e
%)a% acc&ed commi%%ed %)e crime. T)eir Ino7led(e o+ +ac%& and
circm&%ance& +rom 7)ic) %)e/ in+erred %)a% acc&ed 7a& (il%/
7a& Aa&ed en%irel/ on 7)a% %)e/ )ad Aeen %old A/ o%)er&M %o 7i%#
%)e re'or% o+ %)e Iillin(# %)e in+orma%ion %)a% )e 7a& a% %)e ca+e
7i%) %)e $ic%im# and %)e de&cri'%ion (i$en A/ %)e %ric/cle dri$er. A%
%)e %ime )e 7a& arre&%ed# )e 7a& no% doin( an/%)in( o$er%l/
criminal.
. )e?uisite of recent commission
i. <wel0e hours after the crime
People 0. Sinoc
2:3 S2)& 33:
8ul! 11, 155:
<hird Di0ision% -ar0asa, 8.
'acts%
A% 8M>> a.m. o+ Se'. "># 1FF1# a PaEero 7a& &%o''ed A/
armed men a% Cla$er# Sri(ao del Nor%e. T)e occ'an%& 7ere
dri$en %o <aroAo# Sri(ao del Nor%e# Aond# Aro()% %o a cocon%
(ro$e and (nned do7n. A% =M>> a.m. %)e neG% da/# %)e 'olice o+
1onIa/o# Da$ao# learned +rom an in+ormer %)a% %)e PaEero 7a&
Aro()% %o <li&& 0o&in( ProEec% in %)e %o7n. Proceedin( %o %)e
'lace# %)e/ &a7 %)e PaEero and 7ere %old A/ an a'ar%men% o7ner
%)a% %)e 'er&on dri$in( i% 7old re%rn. </ 1>M*> a.m.# )e 7a&
AacI carr/in( %)e Ie/ %o %)e PaEero. T)e 'olice arre&%ed )im.
Issue%
Wa& %)e arre&% $alidJ
9eld%
Ye&. E$en i+ 7arran%le&&# an arre&% ma/ Ae made 7)en an
oBen&e )a& in +ac% Aeen commi%%ed and %)e arre&%in( o?cer )a&
'er&onal Ino7led(e o+ +ac%& indica%in( %)a% %)e 'er&on %o Ae
arre&%ed )a& commi%%ed i%. T)ere i& no ;e&%ion %)a% %)e 'olice
7ere a7are %)a% &ome 1" )or& earlier an oBen&e )ad Aeen
commi%%ed. T)e/ recei$ed a re'or% aAo% %)e PaEero and 7en% %o
%)e 'lace %o reco$er i%. Acc&ed 7a& iden%i!ed A/ %)e a'ar%men%
o7ner# )e 7a& mo$in( %o %)e PaEero and )ad %)e Ie/ %o i% a% %)e
%ime o+ )i& arre&% &o %)a% )i& linI %o %)e crime 7a& 'al'aAle.
ii. -ineteen hours after commission
People 0. 4anlulu
231 S2)& :61
&pril 22, 155#
'irst Di0ision% 7ellosillo, 8.
Issue%
1a/ a &&'ec% Ae la7+ll/ arre&%ed 1F )or& a+%er %)e
commi&&ion o+ %)e crime o+ mrderJ
9eld%
No. T)i& in&%ance canno% come 7i%)in %)e 'r$ie7 o+ a $alid
7arran%le&& arre&%. Sec. -2A3# Rle 11* o+ %)e Rle& on Criminal
Procedre 'ro$ide& %)a% %)e crime K)a& in +ac% E&% Aeen
commi%%ed.L T)e rle re;ire& %)a% %)e arre&% immedia%el/ +ollo7&
%)e commi&&ion o+ %)e oBen&e# no% &ome 1F )or& la%er.
iii. Ane da! after the crime
People 0. del )osario
363 S2)& :#6
&pril 1#, 1555
En 7anc% 7ellosillo, 8.
'acts%
A+%er %)e roAAer& &na%c)ed %)e Aa( o+ a 7oman and Iilled
)er# %)e/ Aoarded %)e %ric/cle o+ acc&ed %)a% 8M>> '.m. Ano%)er
%ric/cle dri$er reco(ni6ed acc&ed and re'or%ed %o %)e 'olice.
<e+ore lnc) %)e +ollo7in( da/# acc&ed 7a& arre&%ed.
Issue%
Wa& %)e arre&% $alidJ
9eld%
No. Under Sec. -2A3# Rle 11*# o+ %)e Rle& o+ Cor%# a
7arran%le&& arre&% can Ae eBec%ed 7)enM 13 an oBen&e )ad E&%
Aeen commi%%ed9 and "3 %)e 'er&on maIin( %)e arre&% )a&
'er&onal Ino7led(e o+ +ac%& indica%in( %)a% %)e 'er&on %o Ae
arre&%ed )ad commi%%ed i%. 0ence# %)ere m&% Ae a lar(e mea&re
o+ immediac/ Ae%7een %)e %ime %)e oBen&e 7a& commi%%ed and
%)e %ime o+ %)e arre&%. A&ide +rom %)e &en&e o+ immediac/# i% i&
al&o manda%or/ %)a% %)e 'er&on maIin( %)e arre&% m&% )a$e
'er&onal Ino7led(e o+ cer%ain +ac%& indica%in( %)a% %)e 'er&on %o
Ae %aIen in%o c&%od/ )ad commi%%ed %)e crime.
In %)i& ca&e# %)e arre&% o+ %)e acc&ed did no% com'l/ 7i%)
%)e&e re;iremen%& &ince %)e arre&% came a da/ a+%er %)e
con&mma%ion o+ %)e crime. LiIe7i&e# %)e arre&%in( o?cer& )ad
no 'er&onal Ino7led(e o+ +ac%& indica%in( %)a% %)e 'er&on %o Ae
arre&%ed )ad commi%%ed %)e oBen&e &ince %)e/ 7ere no% ac%al
7i%ne&&e& %o %)e crime.
i0. <wo da!s after the crime
People 0. ;imura
#21 S2)& 31
&pril 2:, 266#
Second Di0ision% &ustria.4artine/, 8.
'acts%
A% arond DM>> '.m. o+ .ne "=# 1FF,# %)e 'olice condc%ed a
A/CA&% o'era%ion. A+%er in%erro(a%in( %)e 'er&on %)e/ arre&%ed#
%)e 'olicemen 7ai%ed +or " o+ )i& com'anion& 7)o arri$ed la%er
7i%) 'acIa(e& o+ mariEana. W)ile one o+ %)em 7a& arre&%ed#
Hi6aIi 7a& aAle %o e&ca'e. On .ne "F# 1FF,# 7)ile )a$in( dinner
7i%) )i& +riend& a% a .a'ane&e re&%aran%# ano%)er (ro' o+
NARCO1 'olicemen arre&%ed Hi6aIi.
Issue%
Wa& %)e arre&% la7+lJ
9eld%
No. T)e alle(ed crime o+ deli$erin( mariEana )a''ened in
.ne "=# 1FF, and Hi6aIi 7a& arre&%ed on .ne "F# 1FF, or " da/&
a+%er %)e &AEec% inciden%. A% %)e %ime Hi6aIi 7a& arre&%ed# )e 7a&
a% a re&%aran% )a$in( dinner 7i%) a (ro' o+ +riend&. T)&# )e
7a& no% commi%%in( or a%%em'%in( %o commi% a crime. Nei%)er 7a&
)e an e&ca'ed 'ri&oner 7)o&e arre&% cold Ae eBec%ed e$en
7i%)o% a 7arran%. I% Aear& &%re&&in( %)a% none o+ %)e arre&%in(
o?cer& o+ Hi6aIi 7a& 're&en% on %)e ni()% o+ .ne "= 7)en )e
alle(edl/ &old and %ran&'or%ed mariEana and e&ca'ed# %)& %)e
arre&%in( o?cer& )ad no 'er&onal Ino7led(e o+ +ac%& or
circm&%ance& %)a% Hi6aIi commi%%ed %)e crime.
0. 'our da!s after the crime
People 0. Posadas
3#1 S2)& 311
Septemer 25, 2666
Second Di0ision% 4endo/a, 8.
'acts%
On Dec. D# 1FF,# a &%den% o+ %)e Uni$er&i%/ o+ %)e
P)ili''ine& 7a& Iilled in a rmAle Ae%7een +ra%erni%ie&. On Dec.
1"# on %)e Aa&i& o+ iden%i!ca%ion A/ " e/e7i%ne&&e&# a(en%& o+ %)e
Na%ional <rea o+ In$e&%i(a%ion a%%em'%ed %o arre&% &e$eral
&%den%&. T)e Uni$er&i%/ Pre&iden% a& 7ell a& %)e con&el o+ %)e
&%den%& oAEec%ed %o %)e arre&% on %)e (rond %)a% %)ere 7a& no
7arran% o+ arre&%. For %)i&# %)e/ 7ere c)ar(ed 7i%) $iola%ion o+ P.D.
1D"F or +or oA&%rc%in( %)e a''re)en&ion o+ criminal oBender&.
Issue%
Are %)e/ liaAleJ
9eld%
No. T)e a%%em'%ed arre&% o+ %)e &%den%& cold no% Ae $alidl/
made 7i%)o% a 7arran%. Fir&%# %)e N<I a(en%& %ried %o maIe %)e
arre&% , da/& a+%er %)e commi&&ion o+ %)e crime 7)en %)e la7
&%a%e& %)a% +or a $alid 7arran%le&& arre&% i% i& re;ired %)a% Kan
oBen&e )a& in +ac% E&% Aeen commi%%ed.L Second# %)e/ )ad no
'er&onal Ino7led(e o+ an/ +ac% %)a% mi()% indica%e %)a% %)e
&&'ec%& 7ere (il%/ o+ a crime. W)a% %)e/ )ad 7a& %)e &''o&ed
'o&i%i$e iden%i!ca%ion o+ alle(ed e/e7i%ne&&e&# 7)ic) i&
in&?cien% %o E&%i+/ %)e arre&% 7i%)o% a 7arran%. Indeed# a% %)e
%ime o+ %)e Iillin(# %)e&e a(en%& 7)ere no7)ere near %)e &cene o+
%)e crime.
0i. Si* da!s after commission
(o 0. 2&
26= S2)& 131
'eruar! 11, 1552
En 7anc% 'eliciano, 8.
'acts%
SiG 283 da/& a+%er %)e commi&&ion o+ %)e crime o+ mrder#
a+%er )e learned %)a% )e 7a& 7an%ed A/ %)e 'olice# acc&ed 7en%
%o %)e 'olice &%a%ion accom'anied A/ " la7/er&. An e/e7i%ne&& %o
%)e &)oo%in( 7)o )a''ened %o Ae a% %)e 'olice &%a%ion 'oin%ed %o
)im a& %)e cl'ri%. T)e 'olice arre&%ed )im. 0e 7a& &AEec%ed %o
in;e&% and c)ar(ed 7i%) mrder.
Issue%
I& %)e arre&% $alidJ
9eld%
No. T)e Karre&%L made 8 da/& a+%er %)e &)oo%in( canno% Ae
rea&onaAl/ re(arded a& eBec%ed K7)en %)e &)oo%in( )ad in +ac%
E&% Aeen commi%%edL 7i%)in %)e meanin( o+ Sec. -2A3. 1oreo$er#
none o+ %)e Karre&%in(L o?cer& )ad an/ K'er&onal Ino7led(eL o+
+ac%& indica%in( %)a% acc&ed 7a& %)e (nman 7)o )ad &)o%
1a(an. T)e in+orma%ion 'on 7)ic) %)e 'olice ac%ed )ad Aeen
deri$ed +rom &%a%emen%& made A/ alle(ed e/e7i%ne&&e& %o %)e
&)oo%in(. One &%a%ed %)a% acc&ed 7a& %)e (nman 7)ile ano%)er
7a& aAle %o %aIe do7n %)e alle(ed (nmanP& carP& 'la%e nmAer
7)ic) %rned o% %o Ae re(i&%ered in )i& 2acc&ed3 7i+eP& name.
T)a% in+orma%ion did no%# )o7e$er# con&%i%%e K'er&onal
Ino7led(e.L
#. Wai0er of illegalit! of arrest
People 0. E"andra
#25 S2)& 3=#
4a! 2:, 266#
En 7anc% Per 2uriam
'acts%
Acc&ed are c)ar(ed 7i%) %)e crime o+ Iidna''in( +or
ran&om. I% a''ear& %)a% %)e/ 7ere ille(all/ arre&%ed 7i%)o% a
7arran% more %)an a mon%) a+%er %)e crime 7a& commi%%ed and
%)e Iidna' $ic%im 7a& relea&ed. 0o7e$er# %)e/ onl/ rai&ed %)e
ille(ali%/ o+ %)eir arre&% on a''eal Ae+ore %)e S'reme Cor%.
Issue%
W)a% i& %)e eBec% o+ %)e +ailre %o rai&e %)e ille(ali%/ o+ %)e
arre&% Ae+ore %)e %rial cor%J
9eld%
Acc&ed 7ai$ed an/ irre(lari%ie& rela%in( %o %)eir
7arran%le&& arre&% 7)en %)e/ +ailed %o !le a mo%ion %o ;a&) %)e
In+orma%ion on %)a% (rond# or %o oAEec% %o an/ irre(lari%/ in %)eir
arre&% Ae+ore %)e/ 7ere arrai(ned. T)e/ are no7 e&%o''ed +rom
;e&%ionin( %)e le(ali%/ o+ %)eir arre&%.
3. When arrest is accompanied ! search
People 0. Pua
#13 S2)& 3#6
-o0emer 11, 2663
En 7anc% Per 2uriam
,uestion%
W)ere acc&ed +ail& %o c)allen(e %)e le(ali%/ o+ %)e arre&%
Ae+ore en%erin( in%o %rial# i& )e al&o 'reclded +rom ;e&%ionin(
%)e le(ali%/ o+ %)e &earc)J
&nswer%
No. T)e 7ai$er A/ %)e acc&ed o+ )i& ri()% %o ;e&%ion %)e
le(ali%/ o+ )i& arre&% doe& no% nece&&aril/ carr/ 7i%) i% )i& 7ai$er
o+ %)e ri()% %o ;e&%ion %)e admi&&iAili%/ o+ an/ e$idence 'rocred
A/ %)e 'olice on %)e occa&ion o+ or inciden%al %o )i& ille(al arre&%
or %)erea+%er. T)e 'lea and ac%al 'ar%ici'a%ion o+ %)e acc&ed in
%)e %rial 7old no% cre %)e ille(ali%/ o+ %)e &earc) and %ran&+orm
%)e inadmi&&iAle e$idence in%o oAEec%& o+ 'roo+.
c.)!ar. 2 *rrest of 5scaped !risoners
*n accused who files a :fa8e9 bail bond is considered not merely to
have jumped bail but, for all intents and purposes, to have escaped from
detention. !eople vs. <el +osario, '#. S2+* /(', /($ G&(((H3 !eople
vs. +amos, &&& S2+* 004, 04( G1$$'H) *s such the accused may be re=
arrested without warrant.
d.)"ther instances of warrantless arrest:
a) Sec. 1' +ule 11'
:7f a person lawfully arrested escapes or is rescued, any person
may immediately pursue or reta8e him without a warrant at any
time and in any place in the !hilippines.9
b) Sec. &', +ule 11# on bail:
Eor the purpose of surrendering the accused, the bondsmen may
arrest him or, upon written authority endorsed on a certified copy
of the underta8ing, cause him to be arrested by a police officer or
any other person of suitable age and discretion.9
c) Sec. &', +ule 11# last par.
*n accused released on bail may be re=arrested without the
necessity of a warrant if he attempts to depart from the !hilippines
without permission of the court where the case is pending.9
e.)7llustrative 2ases of 7llegal Jarrantless *rrest
7n !osadas vs. "mbudsman, '#1 S2+* '$0 G&(((H, ?-7 agents
tried to arrest the accused four days after the commission of the
crime and they had no personal 8nowledge of any fact which might
indicate that the accused were probably guilty of the crime e@cept
the supposed positive identification of two alleged eyewitnesses. 7t
was held that the warrantless arrest is not justified. 1o allow the
arrest which the ?-7 intended to ma8e without warrant would in
effect allow them to supplant the courts. 1he determination of the
e@istence of probable cause that the persons to be arrested
committed the crime was for the judge to ma8e. 1he law authoriBes
police officers or even an ordinary citiBen to arrest criminal
offenders only if the latter are committing or have just committed a
crime. "therwise, we cannot leave to the police officer the
determination of whom to apprehend if we are to protect our civil
liberties.
7n !eople vs. %alveB, &00 S2+* &#/, &0. G&((1H, the arresting
officer *rturo Saligumba admitted that he arrested %alveB on the
basis solely of what +eynaldo 2astro had told him and not because
he saw accused=appellant commit the crime charged against him.
1he prosecution admitted that there was no warrant of arrest issued
accused=appellant when the latter was ta8en into custody. 7t was
held that :considering that accused=appellant was not committing a
crime at the time he was arrested nor did the arresting officer have
any personal 8nowledge of facts indicating that accused=appellant
committed a crime, his arrest without a warrant cannot be justified.
*ccused=appellantLs arrest was illegal.
7n %o vs. 2*, &(/ S2+* 1'. G1$$&H, petitionerLs arrest too8 place
si@ /) days after the shooting of Maguan. 1he NarrestingL officers
obviously were not present, within the meaning of Section 0a) at
the time petitioner had already shot Maguan. ?either could the
NarrestL effected si@ /) days after the shooting be reasonably
regarded as effected Nwhen the shooting had) in fact jjust been
committedL within the meaning of Section 0b). Moreover, none of
the arresting officers had any Npersonal 8nowledgeL of facts
indicating that petitioner was the gunman who had shot Maguan.
1he information upon which the police acted had been derived
from statements made by alleged eyewitnesses to the shooting
one stated that petitioner was the gunman3 another was able to ta8e
down the alleged gunmanLs carLs plate number which turned out to
be registered in petitioner wifeLs name. 7t has been held that that
information did not constitute Npersonal 8nowledgfeL. 7t is thus
clear to the 2ourt that there was no lawful warrantless arrest of
petitioner within the meaning of Section 0 of +ule 11'
7n !eople vs. *ruta, &.. S2+* /&/ 1$$.), !),t. *bello was
tipped off by his informant that a certain *ling +osa would be
arriving from -aguio 2ity the following day with a large volume
of marijuana. *bello formed a team and proceeded on the
following day to Jest -ajac=-ajac, "longapo 2ity and deployed
themselves in certain strategic areas. Jhile thus, positioned, a
;ictory ,iner bus stopped from where two females and a male got
off. 1he informant pointed out to the team *ling +osa, the accused
appellant, who was then carrying a travelling bag. 1he team
approached her and introduced themselves as ?*+2"M agents.
Jhen *bello as8ed *ling +osa about the contents of her b ag, the
latter handed it to him. Cpon inspection, the bag was found to
contain dried marijuana leaves pac8ed in plastic bag mar8ed :2ash
6atuta89. *cciused appellant was brought to the ?*+2"M office
for investigation.
"n the issue of the validity of the search, the Supreme 2ourt held
that
:1here was no legal basis for the ?*+2"M agents to effect a
warrantless search of accused=appellantLs bag, there being no
probable cause and the accused=appellant not having been lawfully
arrested. Stated otherwise, the arrest being incipiently illegal, it
logically follows that the subseAuent search was similarly illegal, it
being not incidental to a lawful arrest.
:*ccused=appellant cannot be said to be committing a crime.
?either was she about to commit one nor had she just committed a
crime. She was mefrely crossing the street and was not acting in
any manner that would engender a reasonable ground for the
?*+2"M agents to suspect and conclude that she was committing
a crime. 7t was only when the informant pointed to accused=
appellant and identified her to the agents as the carrier of the
marijuana that she was singled out as the suspect. P @ @9
f.) *rrest by :invitation9, illegal
Cnder +* ?o. 4#'., the so=called :invitation9 of a person in
connection with an offense he is suspected to have committed is a
prohibited act for which the inviting officer may be held liable
Secs. &f) and #). Mere invitation is covered by the proscription
on a warrantless arrest because it is intended for no other reason
than to conduct an investigation. !eople vs. "livareB, >r. &$$
S2+* /'0, /#4 G1$$.H)
1hus, where the arrest of the accused, which the arresting officers
ostensibly referred to as an :invitation,9 was illegal3 so was the
subseAuent search and seiBure of the stolen items from him. De
was already singled out as a prime suspect in the grisly deed, yet
the police failed to obtain a warrant for his arrest. Dis warrantless
arrest did not fall under the e@ceptions provided for in the +ules of
2ourt. 2onseAuently, whatever was seiBed from him could not be
used against him. 1his conclusion is consonant with the raison dL
etre of the e@clusionary rule. !eople vs. <e la 2ruB, '#' S2+*
'04, '4'='4# G&(((H
7n a case, petitioner was charged of 8idnapping before the ?-7. De
received a subpoena from the 2hief of the *nti="rganiBed 2rime
<ivision of the ?-7 to appear before him and give his evidence in
connection with the complaint. Jhen petitioner presented himself
at the ?-7, he was placed under arrest and prevented from going
bac8 home. 7t was held that petitioner was unlawfully arrested
without a warrant. San *gustin vs. !eople, %+ 10.&11, *ug. '1,
&((#)
g.)"ther important points on arrest:
1.) *n arrest may be made on any day and at any time of the day
or night Sec. /)3
&.)*n officer effecting a warrantless arrest must inform the subject
of a) his authority3 b) the cause of the arrest e@cept in the
following instances: a) when the subject is engaged in the
commission of an offense3 b) when he is pursued immediately
after the commission3 c) when pursued immediately after his
escape3 d) when the subject flees3 e) when he forcibly resists
before he can be informed3 f) when giving the information will
imperil the arrest Sec. .)
9ow &rrest is E@ected ! an A$cer Without a
Warrant
1. (eneral )ule + the o$cer must inform the person
to e arrested of%
1. )i& arre&%in( a%)ori%/# and
2. %)e ca&e o+ )i& arre&%
2. E*ceptions + the o$cerLs failure to apprise the
arrestee of the ao0e is "ustifed when the%
1. 'er&on %o Ae arre&%ed Nee&#
2. 'er&on %o Ae arre&%ed +orciAl/ re&i&%& Ae+ore %)e
o?cer )a& o''or%ni%/ %o &o in+orm )im o+ %)e ca&e o+ )i&
arre&% and o+ %)e +ac% %)a% a 7arran% )a& Aeen i&&ed +or
)i& arre&%#
3. (i$in( o+ &c) in+orma%ion 7ill im'eril %)e arre&%#
#. 'er&on %o Ae arre&%ed i& %)en en(a(ed in %)e
commi&&ion o+ an oBen&e#
3. 'er&on %o Ae arre&%ed i& 'r&ed immedia%el/ a+%er
%)e commi&&ion o+ an oBen&e# or
=. 'er&on %o Ae arre&%ed i& 'r&ed immedia%el/ a+%er
e&ca'e
'.)* private person ma8ing the arrest should inform the subject of
his intention to arrest and the cause thereof Sec. $)
9ow &rrest is E@ected ! a Pri0ate Person
1. (eneral )ule + the pri0ate person must inform
the person to e arrested of the%
1. in%en%ion %o arre&% )im# and
2. ca&e o+ )i& arre&%
2. E*ceptions + the pri0ate personLs failure to
apprise the arrestee of the ao0e is "ustifed when
the%
1. 'er&on %o Ae arre&%ed Nee&#
2. 'er&on %o Ae arre&%ed +orciAl/ re&i&%& Ae+ore %)e
o?cer )a& o''or%ni%/ %o &o in+orm )im o+ %)e ca&e o+ )i&
arre&% and o+ %)e +ac% %)a% a 7arran% )a& Aeen i&&ed +or
)i& arre&%#
3. (i$in( o+ &c) in+orma%ion 7ill im'eril %)e arre&%#
#. 'er&on %o Ae arre&%ed i& %)en en(a(ed in %)e
commi&&ion o+ an oBen&e#
3. %)e 'er&on %o Ae arre&%ed i& 'r&ed immedia%el/
a+%er %)e commi&&ion o+ an oBen&e# or
=. %)e 'er&on %o Ae arre&%ed i& 'r&ed immedia%el/
a+%er e&ca'e
#.)*n officer ma8ing a lawful arrest may orally summon assistance
sec. 1()
&ssistance while &rrest is eing made
1. )ight of o$cer maBing a lawful arrest%
0e ma/ orall/ &mmon a& man/ 'er&on& a& )e deem&
nece&&ar/ %o a&&i&% )im in eBec%in( %)e arre&%
2. Aligation of the persons summoned%
A&&i&% %)e arre&%in( o?cer in eBec%in( %)e arre&%#
'ro$ided )e can render &c) a&&i&%ance 7i%)o% de%rimen%
%o )im&el+.
!ersonality of persons summoned
*ll persons who come to the aid of agents of authority, and also all
public functionaries, are entitled to be considered as agents of authority,
it being understood, nevertheless, that in order that the person who come
to the aid of agents of authority may be considered agents of authority, it
is an essential condition that they lend assistance by virtue of an order or
reAuest of such agent of authority. CS vs. EortaleBa, 1& !hil. #4&
G1$($H). *ccordingly, these persons are given the protection of *rticle
1#$ of the +!2 wherein iof attac8ed, the offender will be liable for
indirect assault.
0.)*n officer can brea8 a door to effect entrance in order to arrest
under the following conditions:
a) De is refused admittance3
b) De has announced his authority3 and
c) De has announced his purpose.Sec. 11)
/.)*n officer has the right to brea8 out from building or enclosure
Sec. 1&
)ight to 7reaB out from a 7uildingM )e?uisites
1. An o?cer )a& en%ered %)e Aildin( or enclo&re in
accordance 7i%) Sec. 11#
2. I% i& nece&&ar/ %o liAera%e )im&el+
4.)+ight of attorney or relative to visit person arrested at any hour
of the day or night Sec. 1#)
*rresteeLs right to be visited=
*ny person arrested or detained or under custodial investigation shall be
allowed visits by or conferences with any member of his immediate
family, or any medical doctor or priest or religious minister chosen by
him or by any member of his immediate family or by his counsel, or by
any non=governmental organiBation duly accredited by the 2ommission
on Duman +ights or by any international non=governmental organiBation
duly accredited by the "ffice of the !resident. 1he personLs :immediate
family9 shall include his or her spouse, fiancY or fiancYe, parent, or
child, bother or sister, grandparent or grandchild, uncle or aunt, nephew
or niece, and guardian or ward. Sec. &(f), +* 4#'.)
*ttorneyLs right to visit and confer with arrestee
*ny member of the !hilippine -ar shall, at the reAuest of the person
arrested or of another acting in his behalf, have the right to visist and
confer privately with such person in the jail or any other place of
custody at any hour of the day or night. Section 1', +ule 11'). *ny
person who obstructs, prevents or prohibits any lawyer, any member of
the immediate family of a person arrested, detained or under custodial
investigation, or any medical doctor or priest or religious minister or by
his counsel, from visiting and conferring privately chosen by him or by
any member of his immediate family with him, or from e@amining and
treating him, or from ministering to his spiritual needs, at any hour of the
day or, in urgent cases, of the night shall suffer the penalty of
imprisonment of not less than four #) years nor more than si@ /) years,
and a fine of Eour thousand pesos !#,(((.((). Sec. #, +* 4#'.)
Who has the )ight to Disit the Person &rrested
1. &n! memer of the Philippine 7ar%
1. A% %)e re;e&% o+ %)e 'er&on arre&%ed or o+ ano%)er ac%in(
in )i& Ae)al+#
2. 1a/ con+er 'ri$a%el/ 7i%) &c) 'er&onM
1. in %)e Eail or an/ o%)er 'lace o+ c&%od/#
2. a% an/ )or o+ %)e da/ or ni()%
2. & relati0e of the person arrested, su"ect to reasonale
regulations
1. Disiting hours
In re% &le"ano 0. 2aua!
#=1 S2)& 111
&ugust 23, 2663
En 7anc% 2arpio, 8.
Issue%
1a/ %)e de%ainin( o?cer re;ire %)a% la7/er& onl/ con+er
7i%) %)e de%ained 'er&on&# 7)o are c)ar(ed 7i%) 'ar%ici'a%in( in a
co' a%%em'%# drin( A&ine&& )or&J
9eld%
Ye&. W)ile con&el ma/ no% $i&i% %)e de%ainee& an/ %ime %)e/
7an%# %)e +ac% %)a% %)e de%ainee& &%ill )a$e +aceC%oC+ace mee%in(&
7i%) %)eir la7/er& on a dail/ Aa&i& clearl/ &)o7& %)a% %)ere i& no
im'airmen% o+ de%ainee&P ri()% %o con&el. La7/er& cold $i&i%
%)eir clien%& Ae%7een DM>> a.m. and -M>> '.m. 7i%) a lnc) AreaI
a% 1"M>> '.m. Clearl/# %)e $i&i%in( )or& 'a&& %)e &%andard o+
rea&onaAlene&&. T)e la&% 'ara(ra') o+ Sec. ,2A3 o+ RA =,*D
'ro$ide& %)e &%andard %o maIe re(la%ion& in de%en%ion cen%er&
allo7aAleM Ksuch reasonable measures as ma" be necessar" to
secure the detainee;s safet" and prevent his escape.5 In %)e
're&en% ca&e# %)e $i&i%in( )or& accorded %o %)e la7/er& o+ %)e
de%ainee& are rea&onaAl/ connec%ed %o %)e le(i%ima%e 'r'o&e o+
&ecrin( %)e &a+e%/ and 're$en%in( %)e e&ca'e o+ all de%ainee&.
..)7n cases falling under in flagrante and hot pursuit arrests, the
person arrested shall be forthwith delivered to the nearest police
station or jail and proceeded against in accordance with section
4 of +ule 11& 7nAuest proceeding)
CUSTODIAL IN*ESTIGATION
2onstitutional !rovision
Sec. 1&. 1) *rt. 777 *ny person under investigation for the commission
of an offense shall have the right to be informed of his right to remain
silent and to have competent and independent counsel preferably of his
own choice. 7f the person cannot afford the services of counsel, he must
be provided with one. 1hese rights cannot be waived e@cept in writing
and in the presence of counsel. P@@
Jhat does :investigation9 meanO
2ustodial investigation which involves Auestioning initiated by law
enforcement officers after a person has been ta8en into custody or
otherwise deprived of his freedom of action in any significant way. 7t is
only after the investigation ceases to be a general inAuiry into an
unsolved crime and begins to focus on a particular suspect, the suspect is
ta8en into custody, and the police carried out a process of interrogations
that lends itself to eliciting incriminating statements.
Jhat are the rights available to a person under custodial investigationO
1he right to remain silent
1he right to competent and independent counsel preferably of his own
choice3 and
1he right to be informed of such rights.
1he reason for ma8ing these rights available is to counterbalance the
coercive atmosphere in such investigations.
+.*. ?o. 4#'. has e@tended the constitutional guarantee to situations in
which an individual has not been arrested but has merely been :invited9
for Auestioning. !eople vs. <omantay, %.+. ?o. 1'(/1&, May 11,1$$$
and other cases)
1he rights must be e@plained to the suspect in a language or dialect
understood by him.
Sec. # of +* ?o. 4#'. imposes a ma@imum penalty of . years
imprisonment to an arresting or investigating officer who fails to warn
the accused of his rights.
1he person may ma8e a valid waiver and)or admission in the presence of
any of his parents, older siblings, spouse, municipal mayor, municipal
judge, district school supervisor, or priest or minister of the gospel +*
4#'. sec. &) if he has validly waived his right to a lawyer.
Jhat about admissions during a !7O
!rosecutors are not law enforcement officers.
PRELIMINAR+ IN*ESTIGATION STAGE
*t this stage, the prosecutor, in appropriate cases, evaluates the findings
of the police to determine if prosecution of the suspect in court is
warranted. 1he +ules of 2ourt defines preliminary investigation as an
inAuiry or proceeding for the purpose of determining whether there is
sufficient ground to engender a well=founded belief a) that a crime
cogniBeable by the +egional 1rial 2ourt or first level courts, in certain
cases, has been committed and b) that the respondent is probably guilty
thereof, and should be held for trial.
+ule 11&
!+5,7M7?*+I 7?;5S17%*17"?
*s *mended by *.M. ?o. "0=.=&/=S2)
S5217"? 1. !reliminary investigation defined3 when
reAuired. !reliminary investigation is an inAuiry 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.
5@cept as provided in section /4) of this +ule, a
preliminary investigation is reAuired to be conducted before
the filing of a complaint or information for an offense where
the penalty prescribed by law is at least four #) years, two
&) months and one 1) day without regard to the fine. 1a)
Preliminar! In0estigation
1. Defnition + An in;ir/ or 'roceedin( %o de%ermine 7)e%)er
%)ere i& &?cien% (rond %o en(ender a 7ellC+onded Aelie+ %)a%M
1. a crime )a& Aeen commi%%ed# and
". %)e re&'onden% i& 'roAaAl/ (il%/ %)ereo+# and &)old Ae
)eld +or %rial
2. When re?uired to e conducted%
1. <e+ore %)e !lin( o+ a com'lain% or in+orma%ion in cor%#
". For an oBen&e 7)ere %)e 'enal%/ 're&criAed A/ la7 i& a%
lea&% , /ear&# "
mon%)& and 1 da/ 7i%)o% re(ard %o %)e !ne
?ature of !reliminary 7nvestigation
!reliminary 7nvestigation is one of the features of the inAuisitorial
system of criminal procedure. 1he government is the boss. 1he purpose
is for determining whether there is probable cause, not guilt or
innocence of the accused. 1hat is why you can see the prosecutor as a
powerful person in the government. De could say that there is probable
case or there is none.
+ationale:
:1o protect the accused from the inconvenience, e@pense and burden of
defending himself in a formal trial unless the reasonable probability of
his guilt shall have been first ascertained in a fairly summary proceeding
by a competent officer.9 1andoc vs. +esultan, 140 S2+* '4, #& 1$.$,
citing Salta vs. 2ourt of *ppeals, 1#' S2+* &&.)
*ttuned to the times, the +ules have discarded the pure inAuisitorial
system of preliminary investigation. 7nstead, +ule 11& installed a Auasi=
judicial type of preliminary investigation conducted by one whose high
duty is to be fair and impartial. ,arranaga vs. 2*, &.1 S2+* &0#, &/1
G1$$4H3 Jebb vs. <e ,eon, &#4 S2+* /0& G1$$0H).
!urpose:
1he purpose of preliminary investigation is to secure the innocent
against hasty, malicious and oppressive prosecution, and to protect him
from an open and public accusation of crime, from the trouble, e@pense
and an@iety of a public trial, and also to protect the state from useless
and e@pensive trials. <uterte vs. Sandiganbayan &.$ S2+* 4&1, 4'4
G1$$.H)3 Marcos vs. 2ruB, /. !hil. $/3 Dashim vs. -oncan, 41 !hil. &1/)
* preliminary investigation is merely an inAuiry or proceeding to
determine whether there is sufficient ground to engender a well=founded
belief that a crime has been committed and that the respondent is
probably guilty thereof, and should be held for trial. 7t does not call for
the application of rules and standards of proof that a judgment of
conviction reAuires after trial on the merits. *s implied by the words
Nprobably guiltyL, the inAuiry is concerned merely with probability, not
absolute or moral certainty. *t this stage, the complainant need not
present proof beyond reasonable doubt. * preliminary investigation does
not reAuire a full and e@haustive presentation of the partiesL evidence. *
finding of probable cause needs only to rest on evidence showing that
more li8ely than not, a crime has been committed and was committed by
petitioner and his co=accused. Fuesada vs. <">, %+ ?o. 10('&0, *ug.
'1, &((/)
5@ecutive in character:
!reliminary investigation is e@ecutive in character and does not
contemplate a judicial action. %enerally, preliminary investigation falls
under the authority of the prosecutor. 1orres, >r. ;s. *guinaldo, %+ ?o.
1/#&/., >une &$,&((0)
7ntended 1o Screen 2ases Eor 1rial:
7ndeed since a preliminary investigation is designed to screen cases for
trial, only evidence may be considered. Jhile even raw information may
justify the initiation of an investigation, the stage of preliminary
investigation can be held only after sufficient evidence has been
gathrered and evaluated warranting the eventual prosecution of the case
in court. "livas vs. "mbudsman, &'$ S2+* &.' G1$$#H)
.... it is not enough that the preliminary investigation is conducted in the
sense of ma8ing sure that a transgressor shall not escape with impunity.
* preliminary investigation serves not only the purposes of the State.
More important, it is a part of the guarantee of freedom and fair play
which are the birthrights of all who live in our country. 7t is therefore
imperative upon the fiscal ..., to relieve the accused from the pain of
going through a trial once it is ascertained that the evidence is
insufficient to sustain a prima facie case or that no probable cause e@ists
to form a sufficient belief as to the guilt of the accused. *lthough there is
no general formula or fi@ed rule for the determination of probable cause
since the same must be decided in the light of the conditions obtaining in
given situations and its e@istence depends to a large degree upon the
finding or opinion of the fiscal conducting the e@amination. ,a 2hemise
,acoste S.*. vs. EernandeB, 1&$ S2+* '$1 G1$.#H3 Sales vs.
Sandiganbayan, %+ ?o. 1#'.(&, ?ov. 1/, &((1)
<uty of an investigating prosecutor and evidence reAuired
1he main function of the government prosecutor during the preliminary
investigation is merely to determine the e@istence of probable cause, and
to file the corresponding information if he finds it to be so. +aro vs.
Sandiganbayan, ''0 S2+* 0.1, /(0 G&(((H citing 2ruB, >r. vs. !eople,
&'' S2+* #'$, #0.=#0$ G1$$#H). !ublic prosecutors during preliminary
investigation do not decide whether there is evidence beyond reasonable
doubt of the guilt of the person charged. * finding of probable cause
does not reAuire an inAuiry as to whether there is sufficient evidence to
secure a conviction. !eople vs. 2astillo, ''' S2+* 0(/, 01. G&(((H
1he duty of a prosecutor during preliminary investigation is not only to
find evidence to warrant continuation of the criminal process against an
accused. "f eAual importance, and it has been repeated often enough, is
his duty to protect the innocent from hasty, e@pensive and useless trials.
Saavedra, >r. vs. <">, &&/ S2 +* #'., ### G1$$'H3 !eople vs. !oculan,
1/4 S2+* 14/, 1$& G1$..H)
Dowever, while probable cause should be determined in a summary
manner, there is a need to e@amine the evidence with care to prevent
material damage to a potential accusedLs constitutional right to liberty
and the guarantees of freedom and fair play and to protect the State from
the burden of unnecessary e@penses in prosecuting alleged offenses and
holding trials arising from false, fraudulent or groundless charges.
2hing vs. Secretary of >ustice, %+ 1/#'14, Eeb. /, &((/)
?o double jeopardy in preliminary investigation
-y reason of gthe abbreviated nature of preliminary investigation, a
dismissal of the charges as a result thereof is not eAuivalent to a judicial
pronouncement of acAuittal, a convefso, the finding of a prima case to
hold the accused for trial is not eAuivalent to a finding of guilt.
Metroban8 vs. 1onda, ''. S2+* &0#, &4( G&(((H. Dence, it does not
place in jeopardy the person against whom it is ta8en. !eople vs.
<eang, ''. S2+* /04, /4& G&(((H
-ature of preliminar! in0estigation
a. Preliminar! in0estigation defned
DillaNor 0. Di0a
3#5 S2)& 15#
8anuar! 1=, 2661
<hird Di0ision% Panganian, 8.
,uestion%
W)a% i& 'reliminar/ in$e&%i(a%ionJ
&nswer%
Preliminar/ in$e&%i(a%ion i& Kan in;ir/ or 'roceedin( %o
de%ermine 7)e%)er %)ere i& &?cien% (rond %o en(ender a 7ellC
+onded Aelie+ %)a% a crime )a& Aeen commi%%ed and %)e
re&'onden% i& 'roAaAl/ (il%/ %)ereo+# and &)old Ae )eld +or
%rial.L
A com'onen% 'ar% o+ de 'roce&& in criminal E&%ice#
'reliminar/ in$e&%i(a%ion i& a &%a%%or/ and &A&%an%i$e ri()%
accorded %o %)e acc&ed Ae+ore %rial. To den/ a claim %o a
'reliminar/ in$e&%i(a%ion 7old Ae %o de'ri$e a 'er&on o+ %)e +ll
mea&re o+ %)e ri()% %o de 'roce&&.
. -ot part of the trial
People 0. 2&
361 S2)& #:3
8anuar! 21, 1555
<hird Di0ision% Panganian, 8.
,uestion%
I& a 'reliminar/ in$e&%i(a%ion 'ar% o+ %)e %rialJ
&nswer%
No. A +ll and eG)a&%i$e 're&en%a%ion o+ %)e 'ar%ie&P
e$idence i& no% re;ired# A% onl/ &c) a& ma/ en(ender a 7ellC
(ronded Aelie+ %)an an oBen&e )a& Aeen commi%%ed and %)a% %)e
acc&ed i& 'roAaAl/ (il%/ %)ereo+. </ rea&on o+ %)e aAAre$ia%ed
na%re o+ 'reliminar/ in$e&%i(a%ion&# a di&mi&&al o+ %)e c)ar(e& a&
a re&l% %)ereo+ i& no% e;i$alen% %o a Edicial 'rononcemen% o+
ac;i%%al.
c. & statutor! right
Serapio 0. Sandigana!an
35= S2)& ##3
8anuar! 21, 2663
En 7anc% 2alle"o, Sr., 8.
,uestion%
W)a% i& %)e na%re o+ %)e ri()% %o a 'reliminar/ in$e&%i(a%ionJ
&nswer%
T)e ri()% %o a 'reliminar/ in$e&%i(a%ion i& no% a con&%i%%ional
ri()%# A% i& merel/ a ri()% con+erred A/ &%a%%e. T)e aA&ence o+ a
'reliminar/ in$e&%i(a%ion doe& no% im'air %)e $alidi%/ o+ %)e
In+orma%ion or o%)er7i&e render %)e &ame de+ec%i$e and nei%)er
doe& i% aBec% %)e Eri&dic%ion o+ %)e cor% o$er %)e ca&e or
con&%i%%e a (rond +or ;a&)in( %)e in+orma%ion. T)e 'r'o&e o+
a 'reliminar/ in$e&%i(a%ion i& merel/ %o de%ermine 7)e%)er a
crime )a& Aeen commi%%ed and 7)e%)er %)ere i& 'roAaAle ca&e
%o Aelie$e %)a% %)e 'er&on acc&ed o+ %)e crime i& 'roAaAl/ (il%/
%)ereo+ and &)old Ae )eld +or %rial. A !ndin( o+ 'roAaAle ca&e
need& onl/ %o re&% on e$idence &)o7in( %)a% more liIel/ %)an no%
a crime )a& Aeen commi%%ed and 7a& commi%%ed A/ %)e &&'ec%.
ProAaAle ca&e need no% Ae Aa&ed on clear and con$incin(
e$idence o+ (il%# nei%)er on e$idence e&%aAli&)in( (il% Ae/ond
rea&onaAle doA% and de!ni%el/# no% on e$idence e&%aAli&)in(
aA&ol%e cer%ain%/ o+ (il%.
d. &n e*ecuti0e function
9egert! 0. 2&
#65 S2)& 213
&ugust 13, 2663
'irst Di0ision% >nares.Santiago, 8.
,uestion%
I& a 'reliminar/ in$e&%i(a%ion a Edicial or an eGec%i$e
+nc%ionJ
&nswer%
T)e de%ermina%ion o+ 'roAaAle ca&e drin( a 'reliminar/
in$e&%i(a%ion or rein$e&%i(a%ion i& reco(ni6ed a& an eGec%i$e
+nc%ion eGcl&i$el/ o+ %)e 'ro&ec%or. An in$e&%i(a%in( 'ro&ec%or
i& nder no oAli(a%ion %o !le a criminal ac%ion 7)ere )e i& no%
con$inced %)a% )e )a& %)e ;an%m o+ e$idence a% )and %o
&''or% %)e a$ermen%&. Pro&ec%in( o?cer& )a$e e;all/ %)e d%/
no% %o 'ro&ec%e 7)en a+%er in$e&%i(a%ion or rein$e&%i(a%ion %)e/
are con$inced %)a% %)e e$idence addced 7a& no% &?cien% %o
e&%aAli&) a prima facie ca&e. T)&# %)e de%ermina%ion o+ %)e
'er&on& %o Ae 'ro&ec%ed re&%& 'rimaril/ 7i%) %)e 'ro&ec%or 7)o
i& $e&%ed 7i%) di&cre%ion in %)e di&c)ar(e o+ %)i& +nc%ion.
2. Purpose of preliminar! in0estigation
>usop 0. Sandigana!an
332 S2)& 31:
'eruar! 22, 2661
<hird Di0ision% Panganian, 8.
,uestion%
W)a% i& %)e 'r'o&e o+ a 'reliminar/ in$e&%i(a%ionJ
&nswer%
Preliminar/ in$e&%i(a%ion i& Kan in;ir/ or 'roceedin( %o
de%ermine 7)e%)er %)ere i& &?cien% (rond %o en(ender a 7ellC
+onded Aelie+ %)a% a crime )a& Aeen commi%%ed and %)e
re&'onden% i& 'roAaAl/ (il% %)ereo+# and &)old Ae )eld +or %rial.L
T)e ra%ionale o+ a 'reliminar/ in$e&%i(a%ion i& %o K'ro%ec% %)e
acc&ed +rom %)e incon$enience# eG'en&e and Arden o+
de+endin( )im&el+ in a +ormal %rial nle&& %)e rea&onaAle
'roAaAili%/ o+ )i& (il% &)all )a$e Aeen !r&% a&cer%ained in +airl/
&mmar/ 'roceedin( A/ a com'e%en% o?cer.L
3. )ights of respondents
Hadiana 0. People
353 S2)& #15
Decemer #, 2662
<hird Di0ision% Panganian, 8.
,uestion%
W)a% are %)e ri()%& o+ a 'er&on nder(oin( 'reliminar/
in$e&%i(a%ionJ
&nswer%
T)e&e incldeM 13 %)e ri()% %o re+&e %o Ae made 7i%ne&&e&9
"3 %)e ri()% no% %o )a$e an/ 'reEdice 7)a%&oe$er im'%ed %o
%)em A/ &c) re+&al9 *3 %)e ri()% %o %e&%i+/ on %)eir o7n Ae)al+#
&AEec% %o cro&&CeGamina%ion A/ %)e 'ro&ec%ion9 and ,3 7)ile
%e&%i+/in(# %)e ri()% %o re+&e %o an&7er a &'eci!c ;e&%ion %)a%
%end& %o incrimina%e %)em +or &ome crime o%)er %)an %)a% +or
7)ic) %)e/ are Aein( 'ro&ec%ed.
#. Presence of counsel
People 0. -arca
2:3 S2)& =5=
8ul! 21, 155:
<hird Di0ision% 'rancisco, 8.
Issue%
1a/ a 'reliminar/ in$e&%i(a%ion Ae $alidl/ condc%ed 7i%)o%
re&'onden% Aein( a&&i&%ed A/ con&elJ
9eld%
Ye&. T)ere i& no%)in( in %)e Rle& 7)ic) render& in$alid a
'reliminar/ in$e&%i(a%ion )eld 7i%)o% re&'onden%P& con&el. No%
Aein( 'ar% o+ %)e de 'roce&& cla&e A% a ri()% merel/ crea%ed A/
la7# 'reliminar/ in$e&%i(a%ion i+ )eld 7i%)in %)e &%a%%or/
limi%a%ion& canno% Ae $oided. T)e ar(men%# i+ &&%ained# 7old
maIe a mocIer/ o+ criminal 'rocedre# &ince all %)a% a 'ar%/ )a&
%o do %o %)7ar% %)e $alidi%/ o+ %)e 'reliminar/ in$e&%i(a%ion i& +or
%)eir con&el no% %o a%%end %)e in$e&%i(a%ion. Preliminar/
in$e&%i(a%ion i& no% %)e $ene +or %)e +ll eGerci&e o+ %)e ri()%& o+
%)e 'ar%ie&. T)i& i& 7)/ 'reliminar/ in$e&%i(a%ion i& no% con&idered
a& a 'ar% o+ %rial A% merel/ 're'ara%or/ %)ere%o and %)a% %)e
record& %)erein &)all no% +orm 'ar% o+ %)e record& o+ %)e ca&e in
cor%. Par%ie& ma/ &Ami% a?da$i%& A% )a$e no ri()% %o eGamine
7i%ne&&e& %)o() %)e/ can 'ro'ond ;e&%ion& %)ro() %)e
in$e&%i(a%in( o?cer. In +ac%# a 'reliminar/ in$e&%i(a%ion ma/ e$en
Ae condc%ed ex-parte in cer%ain ca&e&.
3. Cse of modes of disco0er!
We 0. De Heon
2#: S2)& =32
&ugust 23, 1553
Second Di0ision% Puno, 8.
,uestion%
1a/ re&'onden% in a 'reliminar/ in$e&%i(a%ion a$ail o+
di&co$er/ 'roceedin(&J
&nswer%
T)e Rle& on Criminal 'rocedre doe& no% eG're&&l/ 'ro$ide
+or di&co$er/ 'roceedin(& drin( %)e 'reliminar/ in$e&%i(a%ion
&%a(e o+ criminal 'roceedin(. T)i& +ailre %o 'ro$ide di&co$er/
'rocedre drin( 'reliminar/ in$e&%i(a%ion doe& no%# )o7e$er#
ne(a%e i%& &e A/ a 'er&on nder in$e&%i(a%ion 7)en
indi&'en&aAle %o 'ro%ec% )i& con&%i%%ional ri()% %o li+e# liAer%/ and
'ro'er%/. Preliminar/ in$e&%i(a%ion i& no% %oo earl/ a &%a(e %o
(ard a(ain&% an/ &i(ni!can% ero&ion o+ %)e con&%i%%ional ri()% %o
de 'roce&& o+ a 'o%en%ial acc&ed. T)e oAEec% o+ a 'reliminar/
in$e&%i(a%ion i& %o de%ermine %)e 'roAaAili%/ %)a% %)e &&'ec%
commi%%ed a crime. T)e !ndin( o+ a 'roAaAle ca&e A/ i%&el+
&AEec%& %)e &&'ec%P& li+e# liAer%/ and 'ro'er%/ %o real ri&I o+ lo&&
or dimin%ion.
=. HacB of preliminar! in0estigation
a. E@ect
DillaNor 0. Di0ar
3#5 S2)& 15#
8anuar! 1=, 2661
<hird di0ision% Panganian, 8.
,uestion%
W)a% i& %)e eBec% o+ %)e aA&ence o+ a 'reliminar/
in$e&%i(a%ionJ
&nswer%
T)e aA&ence o+ a 'reliminar/ in$e&%i(a%ion doe& no% im'air
%)e $alidi%/ o+ %)e in+orma%ion or o%)er7i&e render i% de+ec%i$e.
Nei%)er doe& i% aBec% %)e Eri&dic%ion o+ %)e cor% or con&%i%%e a
(rond +or ;a&)in( %)e in+orma%ion. T)e %rial cor%# in&%ead o+
di&mi&&in( %)e in+orma%ion# &)old )old in aAe/ance %)e
'roceedin(& and order %)e 'Alic 'ro&ec%or %o condc% a
'reliminar/ in$e&%i(a%ion.
5ffect of lac8 of preliminary investigation
F: Jhat happens if a case is filed in court without preliminary
investigationO 2an the accused file a motion to Auash the information on
the ground of absence of a preliminary investigationO
*: ?o. Jhile there is a denial of a right and an irregularity, it is not a
ground for dismissal. *n information cannot be dismissed because there
was no preliminary investigation. 1he procedure is for the court to
suspend the proceedings and refer the matter bac8 to the proper officer
for preliminary investigation !eople vs. <eang, supra3 ,arranage vs.
2*, supra3 !eople vs. "liveria, /4 !hil. #&43 !eople vs. Manlapas, ,=
14$$', *ugust &#, 1$/&)
. A"ection to lacB of preliminar! in0estigation
)omualde/ 0. Sandigana!an
313 S2)& #3=
8ul! 36, 2662
'irst Di0ision% >nares.Santiago, 8.
,uestion%
W)en m&% %)e oAEec%ion %o lacI o+ 'reliminar/ in$e&%i(a%ion
Ae rai&edJ
&nswer%
An/ oAEec%ion %o lacI o+ 'reliminar/ in$e&%i(a%ion m&% Ae
made Ae+ore en%r/ o+ %)e 'lea E*eople vs. $onteverde, <ul" 11,
1/J@ and %)e cor%# in&%ead o+ di&mi&&in( %)e in+orma%ion# m&%
remand %)e ca&e +or 'reliminar/ in$e&%i(a%ion E!anciangco vs.
*eople, $ar. 68, 1/JD. T)e re+&al o+ %)e cor% %o remand %)e
ca&e +or 'reliminar/ in$e&%i(a%ion can Ae con%rolled A/ cer%iorari
and 'ro)iAi%ion %o 're$en% %rial E?andiala vs. &)%, !ep. =0, 1/D0.
:. 2ases re?uiring preliminar! in0estigation
F: 7s !reliminary 7nvestigation reAuired in all criminal casesO
*: Cnder the new rules, it is reAuired when the crime for which the
respondent is charged carries a penalty of at least four #) years, two &)
months, and one 1) day.
Jhere the penalty prescribed by law for an offense is at least four
years, two months and one day of imprisonment without regard to the
fine, a preliminary investigation must be conducted before the filing of a
complaint or information for such offense. .the conduct of an inAuest
investigation does not fulfil the reAuirement for the conduct of a
preliminary investigation before the filing of an information or
complaint involving any such offense, e@cept when the accused was
lawfully arrested without a warrant. 5nriAueB vs Sarmiento, >r. supra)
a. Penalt! of more than si* !ears
>usop 0. Sandigana!an
332 S2)& 31:
'eruar! 22, 2661
<hird Di0ision% Panganian, 8.
'acts%
Acc&ed 7a& c)ar(ed 7i%) $iola%ion o+ &ec. *Ca o+ RA *>1F.
'ni&)aAle 7i%) im'ri&onmen% o+ 8 /ear& and one mon%) %o 1-
/ear&.
Issue%
I& acc&ed en%i%led %o 'reliminar/ in$e&%i(a%ionJ
9eld%
Ye&. Preliminar/ in$e&%i(a%ion i& re;ired Ae+ore an
in+orma%ion +or an oBen&e 'ni&)aAle A/ a% lea&% , /ear&# "
mon%)& and one da/ ma/ Ae !led in cor%. 0o7e$er# %)e ri()% %o
'reliminar/ in$e&%i(a%ion ma/ Ae 7ai$ed 7)en %)e acc&ed +ail&
%o in$oIe i% Ae+ore or a% %)e %ime o+ en%erin( a 'lea a%
arrai(nmen%.L Con$er&el/# i+ %)e acc&ed doe& in$oIe i% Ae+ore
arrai(nmen%# a& %)e acc&ed did in %)i& ca&e# %)e ri()% i& no%
7ai$ed.
. Where information is amended
DillaNor 0. Di0ar
3#5 S2)& 15#
8anuar! 1=, 2661
<hird Di0ision% Panganian, 8.
'acts%
Acc&ed 7a& c)ar(ed 7i%) &li()% ')/&ical inErie&. De&'i%e
%)e +ac% %)a% Aa&ed on %)e im'o&aAle 'enal%/ no 'reliminar/
in$e&%i(a%ion 7a& re;ired# %)e 'ro&ec%or condc%ed one. W)en
%)e inErie& &&%ained A/ %)e oBended 'ar%/ %rned o% %o Ae more
&erio& %)an %)e/ )ad !r&% a''eared# %)e in+orma%ion 7a&
amended %o %)e c)ar(e o+ &erio& ')/&ical inErie&. Con&iderin(
%)e im'o&aAle 'enal%/# %)e la%er oBen&e re;ired a 'reliminar/
in$e&%i(a%ion A% %)e 'ro&ec%or did no% condc% an/.
Issue%
S)old a 'reliminar/ in$e&%i(a%ion Ae condc%edJ
9eld%
No. T)e !lin( o+ %)e Amended In+orma%ion# 7i%)o% a ne7
'reliminar/ in$e&%i(a%ion# did no% $iola%e %)e ri()% o+ acc&ed %o
Ae 'ro%ec%ed +rom a )a&%/# malicio& and o''re&&i$e 'ro&ec%ion9
an o'en and 'Alic acc&a%ion o+ a crime9 or +rom %)e %roAle# %)e
eG'en&e& and anGie%/ o+ a 'Alic %rial. T)e amended in+orma%ion
cold no% )a$e come a& a &r'ri&e %o )im +or %)e &im'le and
oA$io& rea&on %)a% i% c)ar(ed e&&en%iall/ %)e &ame oBen&e a&
%)a% nder %)e ori(inal In+orma%ion. 1oreo$er# i+ %)e ori(inal
c)ar(e 7a& rela%ed %o %)e amended one# &c) %)a% an in;ir/
7old elici% &A&%an%iall/ %)e &ame +ac%&# %)en a ne7 'reliminar/
7a& no% nece&&ar/.
!reliminary 7nvestigation distinct from 7nAuest !roceedings
* preliminary investigation is a proceeding distinct from an inAuest. *
preliminary investigation is an inAuiry 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. *n inAuest is a summary inAuiry
conducted by a prosecutor for the purpose of determining whether the
warrantless arrest of a person was based on probable cause. 5nriAueB
vs. "legario +. Sarmiento, >r. *M ?o. +1>=(/=&(11, *ug. 4,&((/)
!robable 2ause:
:1he term probable cause does not mean actual and positive cause nor
does it import absolute certainty. 7t is merely based on opinion and
reasonable belief. 1hus, a finding of probable cause does not reAuire an
inAuiry into whether there is sufficient evidence to procure a conviction.
7t is enough that it is believed that the act or omission complained of
constitutes the offense charged. !recisely, there is a trial for the reception
of evidence of the prosecution in support of the charge. ?-7=Microsoft
2orporation vs. 2hua Dwang, et al., %+ ?o. 1#4(#', >une &1, &((0)
Dow is !reliminary 7nvestigation related to the institution of criminal
actionsO
Sec. 1, +ule 11( States:
:2riminal actions shall be instituted as follows:
a)Eor offenses where a preliminary investigation is reAuired pursuant
to section 1 of +ule 11&, by filing the complaint with the proper
officer for the purpose of conducting the reAuisite preliminary
investigation.
b) Eor all other offenses, by filing the complaint or information
directly with the Municipal 1rial 2ourts, Municipal 2ircuit 1rial
2ourts, or the complaint with the office of the prosecutor. 7n
Manila and other chartered cities, the complaint shall be filed with
the office of the prosecutor unless otherwise provided in their
charters.
1he institution of the criminal action shall interrupt the period of
prescription of the offense charged unless otherwise provided in
special laws.9
F: Jho has the discretion whether to prosecute or not to prosecuteO
*: 1he public prosecutor. 1hat is why he is a powerful officer. De
e@ercises Auasi=judicial function because he is the one to determine
whether to file a case against you or not. De has the authority to file or
the authority to dismiss.
F: 2an the discretion of a public prosecutor be controlledO 2an you
file a petition for mandamus to compel a public prosecutor to file a caseO
*: %eneral +ule: 1he public prosecutor cannot be compelled by
mandamus to prosecute a case because it is discretionary. Maybe you
can prove grave abuse of discretion because even if the probable cause is
very, very clear or obvious, then he still refuses to file the information.
F: Jhat are the remedies of the offended party if a fiscal refuses to
file a case even when there is a sufficient evidence n which action may
be ta8enO
*: 1here are three ') possible remedies:
1. De may ta8e up the matter with the Secretary of the
>ustice who may then ta8e such measures as may be
necessary in the interest of justice3 or to his superior
officer, the +egional State !rosecutor3
&. De may also file with the proper authorities or court
criminal or administrative charges against the fiscal. 1hat
is what you call prevaricacion in the +evised !enal 2ode3
'. De may file a civil action for damages under *rticle &4,
?ew 2ivil 2ode.
1here are other cases where the Supreme 2ourt S2) commented on
this aspect about the Auasi=judicial power of the public prosecutor. 7n the
case of %C7*" ;S. E7%C5+"* $# !hil. 1(1.), the S2 said that the
prosecution, as an e@ception, may be compelled by mandamus if he
abuses his discretion and refuses to include a person as a co=accused
against whom there appears to be at least a prima facie evidence. 1hat is
grave abuse of discretion. Dowever, this e@traordinary writ is available
only if the petition shows that he has first e@hausted all remedies in the
ordinary course of law such as a motion filed with the trial court for the
indictment of the person or persons e@cluded by the prosecutor.
2ases:
S*?2D5M vs. <5M51+7"C
?ovember $, 1$$'
D5,<: :1he decision of the prosecutor may be reversed or
modified by the Secretary of >ustice or in special cases by the
!resident of the !hilippines. -ut even this 2ourt cannot order
the prosecution of a person against whom the prosecutor does
not find sufficient evidence to support at least a prima facie
case. 1he courts try and absolve or convict the accused but as a
rule have no part in the initial decision to prosecute him. :
:1he possible e@ception is where there is an unmista8able
showing of a grave abuse of discretion that will justify judicial
intrusion into the precincts of the e@ecutive. -ut in such a case
the proper remedy to call for such e@ception is a petition for
mandamus, not certiorari or prohibition.9

155D*?655 >+. vs. M*<*I*%
March /, 1$$&
E*21S: Dere, 2laudio 1eehan8ee, >r. was originally charged
for the crime of frustrated murder for shooting Dultman na na=
comatose for how many months. 7n the course of the trial,
Dultman died. 1he prosecution sought to change the
information from frustrated murder to consummated murder.
1eehan8ee >r. Auestioned the new charge for lac8 of preliminary
investigation thereon .
1here are three ') Auestions to be answered here:
7SSC5 Q1: Jas there an amendment of the information or
substitution when the information was changed from frustrated
murder to consummated murderO
D5,<: 1here is an amendment. :1here is an identity of
offenses charged in both the original and the amended
information Gmurder pa rinVH. Jhat is involved here is not a
variance of the nature of or different offenses charged, but only
a change in the stage of e@ecution of the same offense from
frustrated to consummated murder. 1his being the case, we hold
that an amendment of the original information will suffice and,
conseAuent thereto, the filing of the amended information for
murder is proper.9
7SSC5 Q&: Jhat 8ind of amendmentO Eormal or substantialO
D5,<: Eormal. :*n objective appraisal of the amended
information for murder filed against herein petitioner will
readily show that the nature of the offense originally charged
was not actually changed. 7nstead, an additional allegation, that
is, the supervening fact of the death of the victim was merely
supplied to aid the trial court in determining the proper penalty
for the crime GSo it is still murder.H. 1hat the accused committed
a felonious act with intent to 8ill the victim continues to be the
prosecutionXs theory. 1here is no Auestion that whatever defense
herein petitioner may adduce under the original information for
frustrated murder eAually applies to the amended information
for murder.9
So you are not prejudiced because the same defense available
to you then, for e@ample alibi, is still available to you now.
7SSC5 Q': 7s there a need of a preliminary investigation on
the new chargeO
D5,<: ?o need because you have not changed the crime. 7f
you change the crime or when there is substitution, then
preliminary investigation is reAuired. Since it is only a formal
amendment, preliminary investigation is unnecessary. :1he
amended information could not conceivably have come as a
surprise to petitioner for the simple and obvious reason that it
charges essentially the same offense as that charged under the
original information. Eurthermore, as we have heretofore held,
if the crime originally charged is related to the amended charge
such that an inAuiry into one would elicit substantially the same
facts that an inAuiry into the other would reveal, a new
preliminary investigation is not necessary.9
Jaiver of !reliminary 7nvestigation
7t is doctrinally settled that the right is not a fundamental right and
may be waived e@pressly or by silence. Eailure of an accused to
invo8e his right constitutes a waiver of such right and any irregularity
that attends it. 1he right may be forfeited by inaction and can no
longer be invo8ed for the first time at the appellate level. !eople vs.
,agao, >r. &41 S2+* 01, /# G1$$4H. -ut the waiver, whether or
implied, must be made in clear and uneAuivocal manner. ,arranaga
vs. 2*, supra)
1he settled rule is that when an accused pleads to the charge, he is
deemed to have waived gthe right and the right to Auestion any
irregularity that surrounds it. 6uiBon vs. <esierto, '0# S2+* 10.,
144 G&((1H)
1here is waiver of the right when, notwithstanding the accused signed
a waiver of her detention and as8ed for a preliminary investigation,
she pleaded to the charge sheet and did not protest that preliminary
investigation had been conducted as far as she was concerned.
!eople vs. !alijon, '#' S2+* #./, #$/=#$4 G&(((H)
!reliminary 7nvestigation distinguished from custodial investigation
!reliminary investigation is an inAuiry or proceeding to determine
whether there is sufficient ground to engender a well=founded belief
that a crime has been committed and the respondent is probably guilty
thereof, and should be held for trial. Sec. 1, +ule 11&3 ,adiana vs.
!eople, '$' S2+* #1$, #'1 G&((&H. 2ustodial investigation is the
Auestioning initiated by law enforcement officers after a person has
been ta8en into custody or otherwise deprived of his freedom of
action in any significant way ibid)
"ffenses reAuiring preliminary investigation
See last paragraph of Section 1.
Jhether or not there is a need for a preliminary investigation under
Section 1 in relation to Section . of this +ule depends upon the
imposable penalty for the crime charged in the complaint filed with
the !rosecutorLs office, and not upon the imposable penalty for the
crime found to have been committed by the respondent after a
preliminary investigation. San *gustin vs. !eople, %+ 10.&11, *ug.
'1, &((#). Eor this purpose, prescribed penalty, which is the penalty
indicated by law for the crime, is distinct from the imposable penalty,
which refers to the penalty to be imposed upon the accused after
considering the evidence and the attendant modifying circumstances
in the case. !eople vs. +anis, >r. '.$ S2+* #0, /$ G&((&H)
Jhen preliminary investigation not reAuired:
*s a general rule:
a.)wwhen the accused was lawfully arrested without warrant and he
does not as8 for a preliminary investigation. 1his is called inAuest
case3 and
b.)Jwhen the penalty prescribed for the offense charged does not
e@ceed four #) years and two &) months. 1he cases falling under
this category have been called as direct=filing cases.
!reliminary 7nvestigation without counsel
1here is nothing in the +ules which renders invalid a preliminary
investigation held without defendantLs counsel. !arties may submit
affidavits but have no right to e@amine witnesses though they can
propound Auestions through the investigating officer. 7n fact, a
preliminary investigation may be even conducted e@=parte in certain
cases. !eople vs. ?arca, &40 S2+* /$/, 4(0 G1$$4H)
S52. &. "fficers authoriBed to conduct preliminary
investigations. 1he following may conduct preliminary
investigations:
a) !rovincial or 2ity !rosecutors and their assistants3
b)?ational and +egional State !rosecutors3 and
c) "ther officers as may be authoriBed by law.
1heir authority to conduct preliminary investigations shall
include all crimes cogniBable by the proper court in their
respective territorial jurisdictions. &a)
F: Jho are those proper officersO
&uthorit! to conduct Preliminar! In0estigation
1. Who ma! conduct PI%
1. Pro$incial or Ci%/ Pro&ec%or& and %)eir a&&i&%an%&
2. Na%ional and Re(ional S%a%e Pro&ec%or&
3. O%)er o?cer& a& ma/ Ae a%)ori6ed A/ la7
2. E*tent of their authorit! to conduct PI%
I% &)all eG%end %o all crime& co(ni6aAle A/ %)e 'ro'er cor% in
%)eir re&'ec%i$e %erri%orial Eri&dic%ion&
*s amended first level court judges are no longer authoriBed to conduct
!7.
*s a practical matter, criminal complaints are filed in a proper
case for preliminary investigation with the office of the city or
provincial prosecutor which has territorial jurisdiction over the
offense complained of and not with the office of the regional
state prosecutor. Dence, the office of the regional state
prosecutor does not conduct any preliminary investigation or
prosecute any criminal action at all. *urillo vs. +ubi, '$&
S2+* 0$0, /(0 G&((&H)
:"ther officers authoriBed to conduct9
1. 1he 2omelec has the e@clusive power to conduct preliminary
investigation of all election offenses punishable under the
election laws and to prosecute the same, e@cept as may
otherwise be provided by law. Sec. &/), *rt. 7P=2,
2onstitution3 Sec. 1 +ule '# 2omelec +ules of !rocedure3 de
>esus vs. !eople, 1&( S2+* 4/( G1$.'H). Dowever, the 2hief
State !rosecutor, all !rovincial and 2ity Eiscals now
!rosecutors), and)or their respective assistants are given
continuing authority, as deputies of the 2ommission to
conduct preliminary investigation of complaints involving
election offenses under the election laws which maybe filed
directly with them, or which may be indorsed to them by the
2ommission or its duly authoriBed reprsentatives and to
prosecute the same. Sec. &, +ule '# 2omelec +ules). *long
this line, it is mar8worthy to note that judges of the municipal
trial courts have no authority to conduct preliminary
investigation of election offenses. see !ena vs. MartiBano,
#(' S2+* &.1, &.4 G&(('H)
". 1he "mbudsman and his deputies are, within legal
contemplation, other officers authoriBed by law to conduct
preliminary investigation. ;elasco vs. 2asaclang, &$# S2+*
'$#, #(' G1$$.H)
1he "ffice of the "mbudsman has the powers, functions and
duties, on its own or on complaint by any person, any act or
omission of any public officer or employee, office or agency,
when such act or omission appears to be illegal, improper or
inefficient. Section 1'1), *rt. P7, 2onstitution and Sec. 10,
par. 1, +* /44() 1he investigators of the "mbudsman hav e
concurrent jurisdiction with public prosecutors to conduct
preliminary investigations in all cases involving public
officers, whether falling under the jurisdiction of the
Sandiganbayan or the regular courts. %oBos vs. 1ac=an '((
S2+* &/0, &4#=&40 G1$$.H3 see also "ffice of the
"mbudsman vs. -reva, %+ 1#0$'., Eeb. 1(, &((/3 Cy vs.
Sandiganbayan %+ 1(0$/0=4(, Mar. &(, &((1). Dowever, the
"mbudsman may assert its primary jurisdiction at any stage
of the investigation. Donasan 77 vs. !anel of 7nvestigating
!rosecutors of the <">, %+ 10$4#4, *pril 1', &((#).
7t may utiliBe the personnel of his office and)or designate or
deputiBe any fiscal, state prosecutor or lawyer in the
government service to act as special investigator or prosecutor
to assist in the investigation and prosecution of certain cases
see *gbay vs. <eputy "mbudsman for the Military, '($
S2+* 4&/, 4'# G1$$$H). 1he <eputy "mbudsman for the
Military has the authority to investigate the civilian personnel
of the government such as the members of the !?!. ibid)
Eor criminal cases falling within the jurisdiction of the
Sandiganbayan, it is the "ffice of the Special !rosecutor, as
an organiBed component of the "ffice of the "mbudsman,
which e@ercises investigatory and prosecutor powers. SistoBa
vs. <esierto, '.. S2+* '(4, '&' G&((&H)
'.)Special counsels designated by the Secretary of >ustice, under Sec.
1/./ of the +evised *dministrative 2ode, as amended, have the
authority to conduct preliminary investigation. !eople vs. %arfin
%+ 10'14/ March &$, &((#) or panel of investigating prosecutors
of the <"> Donasan vs. !anel, supra)
1. DA8 pro0incial or cit! prosecutors
a. &uthorit! o0er Sandigana!an cases
9onasan II 0. Panel of Prosecutors, DA8
#2: S2)& #=
&pril 13, 266#
En 7anc% &ustria.4artine/, 8.
,uestion%
Do ci%/ and 'ro$incial 'ro&ec%or& 2DO.3 )a$e %)e a%)ori%/
%o condc% 'reliminar/ in$e&%i(a%ion o+ crime& commi%%ed 7i%)in
%)eir Eri&dic%ion 7)en &c) oBen&e& are co(ni6aAle A/ %)e
Sandi(anAa/anJ
&nswer%
Ye&. Sec. " and ,# Rle 11" o+ %)e Re$i&ed Rle& on Criminal
Procedre# 7)ic) li&% %)e o?cer& a%)ori6ed %o condc%
'reliminar/ in$e&%i(a%ion &%a%e& %)a% K%)eir a%)ori%/ %o condc%
'reliminar/ in$e&%i(a%ion &)all inclde all crime& co(ni6aAle A/ %)e
'ro'er cor% in %)eir re&'ec%i$e %erri%orial Eri&dic%ion&.L 0o7e$er#
nder Sec. ,# in oBen&e& +allin( 7i%)in %)e ori(inal Eri&dic%ion o+
%)e Sandi(anAa/an# %)e 'ro&ec%or& &)all# a+%er %)eir
in$e&%i(a%ion# %ran&mi% %)e record& and %)eir re&ol%ion& %o %)e
OmAd&man or )i& de'%/ +or a''ro'ria%e ac%ion. Al&o# %)e
'ro&ec%or canno% di&mi&& %)e com'lain% 7i%)o% %)e 'rior 7ri%%en
a%)ori%/ o+ %)e OmAd&man or )i& de'%/# nor can %)e
'ro&ec%or !le an In+orma%ion 7i%) %)e Sandi(anAa/an 7i%)o%
Aein( de'%i6ed A/# and 7i%)o% 'rior 7ri%%en a%)ori%/ o+ %)e
OmAd&man or )i& de'%/.
. Deputation ! Amudsman
9onasan II 0. Panel of Prosecutors, DA8
#2: S2)& #=
&pril 13, 266#
En 7anc% &ustria.4artine/, 8.
'acts%
O1<CDO. .OINT CIRCULAR NO. F-C>>1# Serie& o+ 1FF-# &%a%e&M
K1. Preliminar/ In$e&%i(a%ion& and 'ro&ec%ion o+ oBen&e&
commi%%ed A/ 'Alic o?cer& and em'lo/ee& IN RELATION TO
OFFICE 7)e%)er co(ni6aAle A/ Sandi(anAa/an or %)e Re(lar
Cor%&# and 7)e%)er !led 7i%) %)e O?ce o+ %)e OmAd&man or
7i%) %)e O?ce o+ %)e Pro$ince:Ci%/ Pro&ec%or &)all Ae nder %)e
con%rol and &'er$i&ion o+ %)e o?ce o+ %)e O1<UDS1AN.L
Issue%
S)old 'ro&ec%or& o+ %)e De'ar%men% o+ .&%ice Ae
de'%i6ed A/ %)e omAd&man Ae+ore %)e/ can $alidl/ condc%
'reliminar/ in$e&%i(a%ion o$er oBen&e& commi%%ed A/ 'Alic
o?cial& in rela%ion %o o?ce 7)ic) are co(ni6aAle A/ ordinar/
cor%&J
9eld%
No. T)e Con&%i%%ion# OmAd&man Ac% o+ 1FDF# O1<
Admini&%ra%i$e Order No. D# 're$ailin( Eri&'rdence# and %)e
Rle& on Criminal Procedre# all reco(ni6e and ')old %)e
concrren% Eri&dic%ion o+ %)e omAd&man and %)e DO. %o condc%
'reliminar/ in$e&%i(a%ion on c)ar(e& !led a(ain&% 'Alic o?cer&
and em'lo/ee&. T)e 'o7er %o condc% 'reliminar/ in$e&%i(a%ion
on c)ar(e& a(ain&% an/ 'Alic o?cer& and em'lo/ee& ma/ Ae
eGerci&ed A/ an/ 'ro$incial or ci%/ 'ro&ec%or or %)eir a&&i&%an%&#
ei%)er in %)eir re(lar ca'aci%ie& or a& de'%i6ed OmAd&man
'ro&ec%or&. T)a% +ac% %)a% all 'ro&ec%or& are in eBec% de'%i6ed
OmAd&man 'ro&ec%or& nder %)e O1<CDO. circlar i& a mere
&'erNi%/. DO. 'ro&ec%or& need no% Ae a%)ori6ed A/ %)e
OmAd&man %o condc% %)e 'reliminar/ in$e&%i(a%ion& +or
com'lain%& !led 7i%) i% Aeca&e %)e DO.P& )a& %)e a%)ori%/ %o ac%
a& %)e 'rinci'al la7 a(enc/ o+ %)e (o$ernmen% and in$e&%i(a%e %)e
commi&&ion o+ crime&. T)&# %)ere i& no% e$en a need %o dele(a%e
%)e condc% o+ %)e 'reliminar/ in$e&%i(a%ion %o an a(enc/ 7)ic)
)a& %)e Eri&dic%ion %o do &o in !r&% 'lace.
c. Designation of prosecutor
People 0. -a0arro
2:6 S2)& 353
4arch 23, 155:
<hird Di0ision% Panganian, 8.

Issue%
In remandin( %)e com'lain% or in+orma%ion %o %)e 'ro$incial
'ro&ec%or# ma/ a Ed(e name or de&i(na%e a particular a&&i&%an%
'ro&ec%or %o condc% %)e 'reliminar/ in$e&%i(a%ion o+ %)e ca&eJ
9eld%
No. Preliminar/ in$e&%i(a%ion i& an eGec%i$e# no% a Edicial#
+nc%ion. A& %)e o?cer a%)ori6ed %o direc% and con%rol %)e
'ro&ec%ion o+ criminal ac%ion&# a 'ro&ec%or i& 'rimaril/
re&'on&iAle +or a&cer%ainin( 7)e%)er %)ere i& &?cien% (rond %o
en(ender a 7ellC+onded Aelie+ %)a% an oBen&e )a& Aeen
commi%%ed and %)a% %)e acc&ed i& 'roAaAl/ (il%/ %)ereo+. A
Ed(e canno% direc%l/ order an a&&i&%an% 'ro&ec%or# 'ar%iclarl/
o$er %)e oAEec%ion& o+ %)e la%%erP& &'erior&# %o condc% a
'reliminar/ in$e&%i(a%ion. To allo7 )im %o do &o i& %o a%)ori6e
)im %o meddle in %)e eGec%i$e and admini&%ra%i$e +nc%ion& o+
%)e 'ro&ec%or.
2. Athers authori/ed ! law
a. &uthorit! of the Amudsman
C! 0. Sandigana!an
33# S2)& =31
4arch 26, 2661
En 7anc% Puno, 8.
,uestion%
W)a% i& %)e eG%en% o+ %)e a%)ori%/ o+ %)e OmAd&man in
condc%in( 'reliminar/ in$e&%i(a%ionJ
&nswer%
T)e OmAd&man i& clo%)ed %)e a%)ori%/ %o condc%
'reliminar/ in$e&%i(a%ion and %o 'ro&ec%e all criminal ca&e&
in$ol$in( 'Alic o?cer& and em'lo/ee&# no% onl/ %)o&e 7i%)in %)e
Eri&dic%ion o+ %)e &andi(anAa/an# A% al&o %)o&e o+ %)e re(lar
cor%&. 0i& i& +onded in Sec. 1- and 11 O+ RA 8==> 7)ic) $e&%&
%)e omAd&man 7i%) %)e 'o7er %o in$e&%i(a%e and 'ro&ec%e an/
ac% or omi&&ion o+ an/ 'Alic o?cer or em'lo/ee# o?ce or
a(enc/# 7)en &c) ac% or omi&&ion a''ear& %o Ae ille(al# nE&%#
im'ro'er# or ine?en%.
*n e@ample of :"ther officers as may be authoriBed by law to
conduct preliminary investigation9 is the "mbudsman. 7n the case of CI
;S. S*?<7%*?-*I*? '1& S2+* 44 G*ugust $, 1$$$H), the
"mbudsman and his deputies are only authoriBed to conduct preliminary
investigation of public officers in cases which are falling within the
original jurisdiction of the Sandiganbayan S-).So even if the crime is a
violation of the *nti=%raft law, or a crime committed by a public officer
in relation to his office, if he is below %rade &4, the proper court is not
the S-, but the M12 or +12. -efore 8asi, the original S2 interpretation
of the "mbudsman law as laid down in the first case of <5,"S" ;S.
<"M7?%" ?ovember &1, 1$$(), is that, all crimes committed by
public officers should be investigated by the "mbudsman.
D"J5;5+, "mbudsman <esierto filed a Motion for Eurther
2larification in the S2 which resolved to consider the same.
2onseAuently, the ruling in CI is reversed in a S2 resolution dated
March &(, &((1 G%.+. 1(0$/0=4(H) where the S2 went bac8 to its
original ruling that the "mbudsman is authoriBed to conduct preliminary
investigation and to prosecute all criminal cases involving public
officers and employees, not only those within the jurisdiction of the
Sandiganbayan, but those within the jurisdiction of the regular courts as
well. So ta8e note of that.
. &uthorit! of the Special Prosecutor
C! 0. Sandigana!an
33# S2)& =31
4arch 26, 2661
En 7anc% Puno, 8.
,uestion%
W)a% i& %)e eG%en% o+ a%)ori%/ o+ %)e S'ecial 'ro&ec%or in
condc%in( 'reliminar/ in$e&%i(a%ionJ
&nswer%
T)e O?ce o+ %)e &'ecial Pro&ec%or i& merel/ %)e com'onen%
o+ %)e O?ce o+ %)e OmAd&man and ma/ onl/ ac% nder %)e
&'er$i&ion and con%rol and 'on a%)ori%/ o+ %)e OmAd&man.
I%& 'o7er %o condc% 'reliminar/ in$e&%i(a%ion and %o 'ro&ec%e i&
limi%ed %o criminal ca&e& 7i%)in %)e Eri&dic%ion o+ %)e
Sandi(anAa/an.
c. 2ommission on Election
4argare"o 0. People
3=3 S2)& 156
Septemer 13, 2661
En 7anc% 7uena, 8.
,uestion%
Doe& %)e CO1ELEC )a$e %)e eGcl&i$e a%)ori%/ %o condc%
'reliminar/ in$e&%i(a%ion and 'ro&ec%e all elec%ion oBen&e&
nder %)e OmniA& Elec%ion CodeJ
&nswer%
Ye&. 0o7e$er# %)i& ;ali!ed A/ %)e 1FF* CO1ELEC Rle& o+
Procedre. Sec. " %)ereo+ &%a%e&M
KSEC. ". &ontinuing ,elegation of Authorit" to (ther
*rosecution Arms of the Bovernment.---T)e C)ie+ S%a%e
Pro&ec%or# all Pro$incial and Ci%/ Fi&cal&# and:or %)eir re&'ec%i$e
a&&i&%an%& are )ereA/ (i$en con%inin( a%)ori%/# a& de'%ie& o+
%)e Comelec# %o condc% 'reliminar/ in$e&%i(a%ion o+ com'lain%&
in$ol$in( elec%ion oBen&e& nder %)e elec%ion la7& 7)ic) ma/ Ae
!led direc%l/ 7i%) %)em# or 7)ic) ma/ Ae indor&ed %o %)em A/ %)e
Comelec or i%& dl/ a%)ori6ed re're&en%a%i$e& and %o 'ro&ec%e
%)e &ame. Sc) a%)ori%/ ma/ Ae re$oIed or 7i%)dra7n an/%ime
A/ %)e Comelec 7)ene$er in i%& Ed(men% &c) re$oca%ion or
7i%)dra7al i& nece&&ar/ %o 'ro%ec% %)e in%e(ri%/ o+ %)e comelec#
'romo%e %)e common (ood# or 7)en i% Aelie$e&# %)a% &cce&&+l
'ro&ec%ion o+ %)e ca&e can Ae done A/ %)e Comelec.
S52. '. !rocedure. 1he preliminary investigation shall be
conducted in the following manner:
a) 1he complaint shall state the address of the respondent
and shall be accompanied by the affidavits of the
complainant and his witnesses, as well as other supporting
documents to establish probable cause. 1hey shall be in such
number of copies as there are respondents, plus two &)
copies for the official file. 1he affidavits shall be subscribed
and sworn to before any prosecutor or government official
authoriBed to administer oath, or, in their absence or
unavailability, before a notary public, each of whom must
certify that he personally e@amined the affiants and that he is
satisfied that they voluntarily e@ecuted and understood their
affidavits.
b) Jithin ten 1() days after the filing of the complaint,
the investigating officer shall either dismiss it if he finds no
ground to continue with the investigation, or issue a
subpoena to the respondent attaching to it a copy of the
complaint and its supporting affidavits and documents.
1he respondent shall have the right to e@amine the
evidence submitted by the complainant which he may not
have been furnished and to copy them at his e@pense. 7f the
evidence is voluminous, the complainant may be reAuired to
specify those which he intends to present against the
respondent, and these shall be made available for
e@amination or copying by the respondent at his e@pense.
"bjects as evidence need not be furnished a party but shall
be made available for e@amination, copying, or
photographing at the e@pense of the reAuesting party.
c) Jithin ten 1() days from receipt of the subpoena with
the complaint and supporting affidavits and documents, the
respondent shall submit his counter=affidavit and that of his
witnesses and other supporting documents relied upon for his
defence. 1he counter=affidavits shall be subscribed and sworn
to and certified as provided in paragraph a) of this section,
with copies thereof furnished by him to the complainant. 1he
respondent shall not be allowed to file a motion to dismiss in
lieu of a counter=affidavit.
d) 7f the respondent cannot be subpoenaed, or if
subpoenaed, does not submit counter=affidavits within the ten
1() day period, the investigating office shall resolve the
complaint based on the evidence presented by the
complainant.
e) 1he investigating officer may set a hearing if there are
facts and issues to be clarified from a party or a witness. 1he
parties can be present at the hearing but without the right to
e@amine or cross=e@amine. 1hey may, however, submit to the
investigating officer Auestions which may be as8ed to the
party or witness concerned.
1he hearing shall be held within ten 1() days from
submission of the counter=affidavits and other documents or
from the e@piration of the period for their submission. 7t shall
be terminated within five 0) days.
f) Jithin ten 1() days after the investigation, the
investigating officer shall determine whether or not there is
sufficient ground to hold the respondent for trial. 'a)
F: Jhat is the procedure for !reliminary 7nvestigationO
Procedure as to the 2omplainant
1. 0e:&)e &)all !le %)e com'lain% 7i%) %)e o?ce o+ %)e
'ro&ec%or#
2. T)e com'lain% &)allM
1. &%a%e %)e addre&& o+ %)e re&'onden%#
2. Ae accom'anied A/M
1. a?da$i%& 4&A&criAed# &7orn %o and cer%i!ed5 o+ %)e
com'lainan%
and )i& 7i%ne&&# and
2. o%)er &''or%in( docmen%& %o e&%aAli&) 'roAaAle
ca&e9
3. NmAer o+ co'ie& +or %)e com'lainan%M
1. a& man/ a& %)ere are re&'onden%&# 'l&
2. %7o 4"5 co'ie& +or %)e o?cial !le
Procedure as to the In0estigating A$cer
1. 0e:&)e )a& %en 21>3 da/& a+%er %)e !lin( o+ %)e com'lainan%#
ei%)er %oM
1. Di&mi&& i% T i+ )e !nd& no (rond %o con%ine 7i%) %)e
in$e&%i(a%ion# or
2. I&&e a &A'oena %o %)e re&'onden%# a%%ac)in( %)e
&A'oenaM
1. a co'/ o+ %)e com'lain%# and
2. i%& &''or%in( a?da$i%& and docmen%&
2. 0e:&)e &)all re&ol$e %)e com'lain% Aa&ed on %)e e$idence
're&en%ed A/ %)e com'lainan%# i+ %)e re&'onden%M
1. canno% Ae &A'oenaed# or
2. i& &A'oenaed# A% doe& no% &Ami% con%erCa?da$i%&
7i%)in %)e %en
21>3 da/ 'eriod9
3. 0e:&)e ma/ &e% a )earin( i+ %)ere are +ac%& and i&&e& %o Ae
clari!ed +rom a 'ar%/ or a 7i%ne&&.
1. T)e 'ar%ie& 4com'lainan% and re&'onden%5
1. can Ae 're&en% a% %)e )earin(#
2. )a$e no ri()% %o eGamine or cro&&CeGamine# A%
3. ma/ &Ami% %o %)e in$e&%i(a%in( o?cer ;e&%ion&
7)ic) ma/ Ae
a&Ied %o %)e 'ar%/ or 7i%ne&& concerned.
2. T)e )earin( &)all AeM
1. )eld 7i%)in %en 21>3 da/&M
1. +rom &Ami&&ion o+ %)e con%erCa?da$i%& and
o%)er
docmen%&# or
2. +rom %)e eG'ira%ion o+ %)e 'eriod o+ %)eir
&Ami&&ion
2. %ermina%ed 7i%)in !$e 2-3 da/&
#. Wi%)in Ten 21>3 da/& a+%er %)e in$e&%i(a%ion# )e:&)e &)all
de%ermine 7)e%)er or no% %)ere i& &?cien% (rond %o )old %)e
re&'onden% +or %rial
Procedures as to )espondent
1. Wi%) re&'ec% %o %)e docmen%ar/ e$idence &Ami%%ed A/ %)e
com'lainan%# )e:&)e &)all )a$e %)e ri()% %oM
1. eGamine %)e e$idence 7)ic) )e ma/ no% )a$e Aeen
+rni&)ed#
2. %o co'/ %)em a% )i& eG'en&e# and
3. %o re;ire %)e com'lainan% %o &'eci+/ %)o&e 7)ic) )e
in%end& %o 're&en%
a(ain&% %)e re&'onden%# i+ %)e e$idence i& $olmino&
2. Wi%) re&'ec% %o oAEec% e$idenceM
1. %)e/ need no% %o Ae +rni&)ed %o %)e re&'onden%# A%
2. %)e/ &)all Ae made a$ailaAle +or eGamina%ion# co'/in(# or
')o%o(ra')in(
a% )i&:)er eG'en&e
3. Wi%)in 1> da/& +rom recei'% o+ %)e &A'oena 7i%) com'lain%
and &''or%in(
a?da$i%& and docmen%&# )e:&)e &)all &Ami%M
1. con%erCa?da$i%& 4&A&criAed and &7orn %o and cer%i!ed5
o+ )im&el+ and
%)a% o+ )i& 7i%ne&&e&# and
2. o%)er &''or%in( docmen%& relied 'on +or )i&:)er
de+en&e
#. 0e:&)e &)all no% Ae allo7ed %o !le a mo%ion %o di&mi&& in lie
o+ a con%erC
A?da$i%
1. Documents to estalish proale cause
a. )e?uirement of sworn statements
Aporto 8r 0. 4onserate
33= S2)& ##3
&pril 1=, 2661
'irst Di0ision% Pardo, 8.
'acts%
T)e 1TC Ed(e condc%ed a 'reliminar/ in$e&%i(a%ion de&'i%e
%)e +ac% %)a% %)e criminal com'lain% and %)e &%a%emen%& o+ %)e
7i%ne&&e& 7ere no% nder oa%) and cer%i!ed.
Issue%
1a/ %)e Ed(e Ae )eld admini&%ra%i$el/ liaAleJ
9eld%
Ye&. Rle 11># Sec. * o+ %)e Rle& o+ Cor% de!ne& a
com'lain% a&# Ka sworn written statement c)ar(in( a 'er&on 7i%)
an oBen&e subscribed A/ %)e oBended 'ar%/# G G G.L Rle 11"#
Sec. *2a3 al&o re;ire& %)a% +or 'r'o&e o+ 'reliminar/
in$e&%i(a%ion# %)e com'lain% and i%& accom'an/in( a?da$i%& and
&''or%in( docmen%& Ae K&7orn %o Ae+ore an/ !&cal# &%a%e
'ro&ec%or or (o$ernmen% o?cial a%)ori6ed %o admini&%er oa%)#
or in %)eir aA&ence or na$ailaAili%/# a no%ar/ 'Alic# 7)o m&%
cer%i+/ %)a% )e 'er&onall/ eGamined %)e a?an%& and %)a% )e i&
&a%i&!ed %)a% %)e/ $oln%aril/ eGec%ed and nder&%ood %)eir
a?da$i%&.L T)e re;iremen% i& manda%or/.
. Wai0er of re?uirement
7autista 0. Sandigana!an
332 S2)& 12=
4a! 12, 2666
Second Di0ision% 7ellosillo, 8.
'acts%
T)e O?ce o+ %)e OmAd&man ordered %)e acc&ed %o &Ami%
a con%erCa?da$i% in an&7er %o an anon/mo& and n&i(ned
le%%erCcom'lain%. Acc&ed com'lied and# a+%er condc%in( %)e
'reliminar/ in$e&%i(a%ion# %)e omAd&man c)ar(ed )im 7i%)
$iola%ion o+ %)e An%iCGra+% and Corr'%ion 'rac%ice& Ac%.
Issues%
1a/ %)e in+orma%ion !led a(ain&% %)e acc&ed Ae ;a&)ed on
%)e (rond o+ %)e de+ec% in %)e 'reliminar/ in$e&%i(a%ion#
'ar%iclarl/ %)e aA&ence o+ &7orn &%a%emen%&J
9eld%
No. De&'i%e %)e omAd&manP& noncom'liance 7i%) %)e
a?da$i% re;iremen%# acc&ed !led )i& con%erCa?da$i% and
an&7ered %)e c)ar(e& a(ain&% )im. 0ence# )a$in( &Ami%%ed
)im&el+ %o %)e Eri&dic%ion o+ %)e omAd&man and )a$in( allo7ed
%)e 'roceedin(& %o on n%il %)e 'reliminar/ in$e&%i(a%ion 7a&
%ermina%ed and %)e In+orma%ion !le a% %)e Sandi(anAa/an#
acc&ed i& deemed %o )a$e 7ai$ed 7)a%e$er ri()% )e ma/
o%)er7i&e )a$e %o a&&ail %)e manner in 7)ic) %)e 'reliminar/
in$e&%i(a%ion 7a& condc%ed. Con&e;en%l/# acc&ed i& liIe7i&e
e&%o''ed +rom ;e&%ionin( %)e $alidi%/ o+ %)e in+orma%ion !led
Ae+ore %)e Sandi(anAa/an.
c. &$da0it notari/ed in a foreign countr!
Sasot 0. People
#=2 S2)& 131
8une 25, 2663
Second Di0ision% &ustria.4artine/, 8.
Issue%
1a/ a 'ro&ec%or condc% a 'reliminar/ in$e&%i(a%ion o+ a
criminal com'lain% +or n+air com'e%i%ion ini%ia%ed A/ mean& o+
a?da$i% Tcom'lain% no%ari6ed A/ a No%ar/ PAlic o+ %)e S%a%e o+
Ne7 YorI# USAJ

9eld%
Ye&. Under Sec. *# Rle 11" o+ %)e 1FD- Rle& o+ Criminal
Procedre# a com'lain% i& &A&%an%iall/ &?cien% i+ i% &%a%e& %)e
Ino7n addre&& o+ re&'onden%# i& accom'anied A/ com'lain%P&
a?da$i% and )i& 7i%ne&&e& and &''or%in( docmen%&# and %)e
a?da$i%& are &7orn %o Ae+ore an/ !&cal# &%a%e 'ro&ec%or or
(o$ernmen% o?cial a%)ori6ed %o admini&%er oa%)# or in their
absence or unavailabilit", a notar" public who must certif" that he
personall" examined the a:ants and that he is satis7ed that the"
voluntaril" executed and understood their a:davits. T)e aA&ence
o+ an oa%) in %)e com'lain% doe& no% nece&&aril/ render i% in$alid.
In %)i& ca&e# %)e com'lain%Ca?da$i% con%ain& an acIno7led(emen%
A/ No%ar/ PAlic Nicole <ro7n o+ %)e S%a%e o+ Ne7 YorI %)a% %)e
&ame )a$e Aeen &A&criAed and &7orn %o Ae+ore )er on FeA 1"#
1FFD# dl/ a%)en%ica%ed A/ %)e P)ili''ine Con&la%e.
d. Witnesses without sworn statements
People 0. Pacaes
13: S2)& 131
8une 2#, 1513
Second Di0ision% 2oncepcion, 8r., 8.
Issue%
1a/ a 7i%ne&& 7)o )a& no% eGec%ed a &7orn &%a%emen%
drin( %)e 'reliminar/ in$e&%i(a%ion Ae allo7ed %o %e&%i+/ drin(
%rialJ
9eld%
Ye&. T)ere i& no la7 7)ic) re;ire& %)a% a %e&%imon/ o+
'ro&'ec%i$e 7i%ne&& Ae !r&% redced %o 7ri%in( in order %)a% )i&
declara%ion in cor% a% a la%er %ime ma/ Ae Aelie$ed or acce'%ed
A/ %)e %rial Ed(e. T)e rle& do no% maIe i% a condi%ion 'receden%
+or a 7i%ne&& %o eGec%e an a?da$i% Ae+ore %aIin( %)e 7i%ne&&
&%and. T)e 'ro&ec%ion i& allo7ed %o call 7i%ne&&e& o%)er %)an
%)o&e named in %)e com'lain% and in+orma%ion. W)ile %)e
acc&ed in criminal 'ro&ec%ion i& en%i%led %o Ino7 %)e na%re o+
acc&a%ion a(ain&% )im# i% doe& no% mean %)a% )e i& en%i%led %o
Ino7 in ad$ance %)e name& o+ all %)e 7i%ne&&e& +or %)e
'ro&ec%ion. T)e &cce&& o+ %)e 'ro&ec%ion mi()% Ae
endan(ered i+ &c) ri()% Ae (ran%ed %o an acc&ed +or %)e Ino7n
7i%ne&& mi()% Ae &AEec%ed %o 're&&re or coerced no% %o
%e&%i+/.%)e %ime +or %)e acc&ed %o Ino7 all %)e 7i%ne&&e& a(ain&%
)im i& 7)en %)e/ %aIe %)e 7i%ne&& &%and.
2. 'ailure to recei0e supoena
People 0. &rlee
323 S2)& 261
8anuar! 23, 2666
<hird Di0ision% Purisima, 8.
'acts%
Acc&ed mo$ed +or rein$e&%i(a%ion on %)e (rond %)a% %)e
&A'oena& &en% A/ %)e 'ro&ec%or 7a& no% recei$ed A/ )im &ince
%)e/ 7ere &en% %o )i& +ormer addre&&# and %o 7)ere )e )ad
%ran&+erred. T)e 'ro&ec%or o''o&ed i% ar(in( %)a% %)e acc&ed
7a& a''aren%l/ e$adin( %)e &er$ice o+ %)e &A'oena %o +r&%ra%e
%)e 'reliminar/ in$e&%i(a%ion.
Issue%
Did %)e %rial commi% an error in den/in( )i& mo%ionJ
9eld%
No. Sec. *2d3# Rle 11" o+ %)e Re$i&ed Rle& on Criminal
Procedre 'ro$ide& %)a% i+ a re&'onden% canno% Ae &A'oenaed#
%)e in$e&%i(a%in( o?cer &)all Aa&e )i& re&ol%ion on %)e e$idence
're&en%ed A/ %)e com'lainan%. T)e Ne7 Rle on Criminal
Procedre Kdoe& no% re;ire a& condi%ion sine qua non %o %)e
'roceedin(& 2in %)e 'reliminar/ in$e&%i(a%ion3 %)e 're&ence o+
acc&ed +or a& lon( a& eBor%& %o reac) )im 7ere made# and an
o''or%ni%/ %o con%ro$er% %)e e$idence +or %)e com'lainan% i&
accorded )im. T)e oA$io& 'r'o&e o+ %)e rle i& %o AlocI
a%%em'%& o+ n&cr'lo& re&'onden%& %o %)7ar% %)e 'ro&ec%ion
o+ oBen&e& A/ )idin( %)em&el$e& or em'lo/in( dila%or/ %ac%ic&.L
3. 9earing
Paderanga 0. Drilon
15= S2)& 1=
&pril 15, 1551
En 7anc% )egalado, 8.
,uestion%
W)a% i& %)e eG%en% o+ %)e ri()% o+ a 'ar%/ %o a&I clari!ca%or/
;e&%ion& drin( a 'reliminar/ in$e&%i(a%ionJ
&nswer%
T)e ri()% o+ a 'ar%/ %o a&I clari!ca%or/ ;e&%ion& i& no%
aA&ol%e. T)e !&cal )a& %)e di&cre%ion %o de%ermine 7)e%)er or
no% )e 7ill 'ro'ond %)e&e ;e&%ion& %o %)e 'ar%ie& or 7i%ne&&e&.
Under Sec. *2e3# Rle 11" o+ Rle& o+ Cor%# 7)ile %)e 'ar%ie& are
aBorded %)e o''or%ni%/ %o Ae 're&en%# %)e/ )a$e no ri()% %o
eGamine or cro&&CeGamine. I+ %)e 'ar%ie& &o de&ire# %)e/ ma/
&Ami% ;e&%ion& %o %)e in$e&%i(a%in( o?cer 7)ic) )e ma/
'ro'ond %o %)e 7i%ne&&e&.
#. Presence for counsel for complainant
2apulong 0. (o/um
35: S2)& #1=
'eruar! 1:, 2663
Second Di0ision% &ustria.4artine/, 8.
Issue%
1a/ a Ed(e di&mi&& a criminal com'lain% on %)e (rond %)a%
%)e con&el +or %)e com'lainan% 7a& no% 're&en% 7)en %)e
'reliminar/ in$e&%i(a%ion 7a& condc%edJ
9eld%
No. T)e Rle& do no% &%a%e %)a% con&el +or com'lainan% i&
a%)ori6ed %o condc% 'reliminar/ in$e&%i(a%ion9 nor i& )i&
're&ence manda%or/.
*: Iou read Section ' step by step. *ctually itLs a battle of affidavits.
1he changes are:
1. 7n &nd paragraph of GbH :1he respondent shall have the right to
e@amine the evidence submitted by the complainant which he
may not have been furnished and to copy them at his e@pense.9
&. paragraph GcH. Jhat is new here is the last sentence :1he
respondent shall not be allowed to file a motion to dismiss in
lieu of a counter=affidavit.9 So you can file your counter=
affidavit. <o not file a motion to dismiss3
'. :GdH 7f the respondent cannot be subpoenaed, or if subpoenaed,
does not submit counter=affidavits within the ten 1() day
period, the investigating office shall resolve the complaint based
on the evidence presented by the complainant.9
#. paragraph GeH. Jhat is new is the &nd paragraph, :the hearing
shall be held within 1( daysW9 7f there is need to clarify
something, the prosecutor can call the witnesses for clarificatory
Auestioning, but he has a deadline to do it 1( days.
?ecesssity of complainantLs affidavit
7t is mandatory reAuirement for the complainant to submit his
affidavit and those of his witnesses before the respondent can be
compelled to submit his counter=affidavits and other supporting
documents. <uterte vs. Sandiganbayan, supra, citing "livas vs. "ffice
of the "mbudsman, &'$ S2+* &.' G1$$#H). 7f the complaint is
unverified or based only on official reports, the complainant should be
reAuired to submit affidavits to substantiate the complaint.
1he complaint and affidavits must be under oath
1he +ules reAuire that for purposes of preliminary investigation, the
complaint and its accompanying affidavits and supporting documents be
Nsworn toL before any fiscal now prosecutor), state prosecutor or
government official authoriBed to administer oath, or in their absence or
unavailability, a notary public who must certify that he peronslly
e@amined the affiants and he is satisfied that they voluntarily e@ecuted
and understood their affidavits. 1his reAuirement is mandatory. "porto,
>r. vs. Monserate, &0/ S2+* ##' G&((1H. *ffidavits notariBed by a
notary public without any showing that a prosecutor or Aualified
government official was unavailable are not in accord with the rules.
,adlad vs. Senior State !rosecutor ;elasco, %+ 14&(4(=4&, >une 1,
&((4)
"utright dismissal of the complaint
1he investigating officer shall either dismiss the complaint if he finds
no ground to continue with the investigation, or issue a subpoena to the
respondent attaching to it a copy of the complaint and its supporting
affidavits and documents Sec. ' b)
?ote the steps:
a)<etermination of whether or not there is ground to continue3
b)7ssuance of subpoena
7n graft cases, the "mbudsman does not necessarily have to
conduct a preliminary investigation upon receipt of a complaint.
Should the investigating officer find the complaint utterly
devoid of merit, then he may recommend its outright dismissal.
Moreover, it is also within his discretion to determine whether
or not a preliminary investigation should be conducted. 6necht
vs. <esierto, &$1 S2+* &$&, &$.='(( G1$$.H)
Eiling of 2ounter=affidavit
7n the preliminary investigation, what the respondent is reAuired to file is
a counter=affidavit, not a comment. 7t is only when the respondent fails
to file counter=affidavit may the investigating officer consider the
respondentLs comment as the answer to the complaint. <uterte vs.
Sandiganbayan, supra)
1he case of 5spiritu vs. >ovellanos, &.( S2+* 04$ G1$$4H established
the principle that respondentLs counter=affidavit filed late should not be
allowed and considered in resolving the case for preliminary
investigation. at page 0$')
Moreoever, if the respondent cannot be subpoenaed, or if subpoenaed,
does not submit counter=affidavits within the ten 1) day period, the
investigating officer shall resolve the complaint based on the evidence
presented by the complainant. Sec. 'd))
Motion to <ismiss not allowed
1he +ules disallow the filing of a motion to dismiss in lieu of counter=
affidavit e@cept when grounded on lac8 of jurisdiction. 7n case a motion
to dismiss is filed, i should be denied and the case should be resolved on
the sole basis of the complainantLs evidence. +omualdeB vs. Marcelo,
%+ 1/001(='', Sept. &', &((03 ;elasco vs. 2asaclang, ''0 !hil. .10,
.'' G1$$.H)
2larificatory hearing discretionary
1he investigating officer has the right to set a hearing for clarificatory
Auestions. 1he decision to call witnesses for clarificatory Auestions is
addressed to the sound discretion of the investigator and the investigator
alone. 7f the evidence on hand already yields a probable cause, the
investigator need not hold a clarificatory hearing. 1uliao vs. +amos,
&.# S2+* '4., './='.4 G1$$.H3 Jebb vs. <e ,eon, supra). *
clarificatory hearfing is not indispensable during preliminary
investigation. +ather than being mandatory, a clarificatory hearing is
optional on the part of the investigating officer. *s such, the absence of a
clarificatory hearing is not a denial of due process. <e "campo vs. Sec.
"f >ustice %+ 1#4$'&, >an. &0, &((/)
!resence of the accused in the investigation
1he new rules do not reAuire as condition sine Aua non to the validity of
the proceedings in the preliminary investigation) the presence of the
accused for as long as efforts to reach him were made, and an
opportunity to controvert the evidence of the complainant is accorded
him. 1he obvious purpose of the rule is to bloc8 attempts of
unscrupulous respondents to thwart the prosecution of offenses by
hiding themselves or by employing dilatory tactics +odis vs.
Sandiganbayan, 1// S2+* /1., /&' G1$..H cited in 1uliao vs. +amos,
infra). 1he fact that the accused e@caped will not e@cuse the
investigating judge from his duty to end the preliminary investigation as
soon as possible. 1uliao vs. +amos)
1hus, where the purpose of the clarificatory hearing is only to re=
e@amine the testimony of the complainantLs witnesses, the presence of
the accused is not needed to conduct the hearing. ibid)
!eriods for disposing preliminary investigation cases
*ll cases for preliminary investigation being conducted by the
investigating prosecutors shall be completely disposed of within a period
of si@ty /() days from the date of assignment. 1his period shall include
hearings conducted, and preparation and issuance of resolutions and
corresponding informations, if any. +esoutions sub mitted to the head of
the office for approval shall be acted within ten 1() days from
submission. <"> 2ircular ?o. (1=&((()
Dowever, non=compliance with these periods does not affect the validity
of the resolution and)or information. 1he offending officer may,
however, be subjected tro disciplinary action in the absence of a
justifiable e@planation. ibid)
1he preliminary investigation of cases filed under the 2omprehensive
<rugs *ct of &((& shall be terminated within a period of thirty '() days
fromt eh date of their filing. Sec. $( +* $1/0)
Jhen preliminary investigation is terminated
1he preliminary investigation is terminated upon the filing of the
information in the proper court. 7n turn, the filing of said information
sets in motion the criminal action against the accused in 2ourt. Jhile it
is true that the fiscal has the Auasi=judicial discretion to determine
whether or not a criminal case should be filed in court, once the case had
already been brought to court, whatever disposition the fiscal may feel
should be proper in the case thereafter should be addressed for the
cobsideration of the court. 1he only Aualification is that the action of the
2ourt must not impair the substantial rights of the accused, or the right
of the !eople to due process of law. *dvincula vs. 2* '#' S2+* 0.',
0$1 G&(((H citing 2respo vs.Mogul 101 S2+* #/& G1$.4H).
1*1*< vs. S*?<7%*?-*I*?
10$ S2+* 4(, March &1, 1$..
E*21S: 1he preliminary investigation lasted for ' years. So
1atad Auestioned the information.
7SSC5 Q1: 7s the 1(=day period to issue a resolution
mandatory or directoryO
D5,<: :1he 1(=day period fi@ed by law is merely
:directory,9 yet, on the other hand, it can not be disregarded or
ignored completely, with absolute impunity. 7t certainly can not
be assumed that the law has included a provision that is
deliberately intended to become meaningless and to be treated
as a dead letter.9 So all of the information filed must be
dismissed for violation of the right for speedy trial.
7SSC5 Q&: 1he government contended that a total lac8 of
preliminary investigation is not a ground for dismissing an
information, how come the delay in terminating a preliminary
investigation becomes now a ground for dismissalO
D5,<: :7t has been suggested that the long delay in
terminating the preliminary investigation should not be deemed
fatal, for even the complete absence of a preliminary
investigation does not warrant dismissal of the information.
1rue S but the absence of a preliminary investigation can be
corrected by giving the accused such investigation. -ut an
undue delay in the conduct of a preliminary investigation can
not be corrected, for until now, man has not yet invented a
device for setting bac8 time.9
S*?17*%" vs. %*+2D71"+5?*
<ecember &, 1$$'
E*21S: *nti=graft charges were filed against Miriam
<efensor=Santiago when she was still the 7mmigration
2ommissioner. Santiago raised this issue on delay) because the
offense was allegedly committed on or about "ctober 14, 1$..
and the information was filed only on May $, 1$$1 or almost '
years later. 1he amended information was filed only on
<ecember ., 1$$& or # years later. So following the 1atad ruling
they ought to be dismissed.
D5,<: :GSantiagoH cannot complain that her constitutional
rights to due process were violated by reason of the delay in the
termination of the preliminary investigation. 1atad v.
Sandiganbayan, 10$ S2+* 4( G1$..H is inapplicable to
petitionerXs case. 7n 1atad, there indeed was an une@plained
inaction on the part of the public prosecutors despite the
simplicity of the legal and factual issues involved therein. 7n the
case at bench, there was a continuum of the investigatory
process but it got snarled because of the comple@ity of the
issues involved. :
:Je note that GSantiagoH had previously filed two petitions
before us involving & criminal cases. !etitioner has not
e@plained why she failed to raise the issue of the delay in the
preliminary investigation and the filing of the information
against her in those petitions. * piece=meal presentation of
issues, li8e the splitting of causes of action, is self=defeating.9
So it is li8e splitting your causes of action wor8ing against
you.9
S"2+*15S vs. S*?<7%*?-*I*?
&0' S2+* 44', Eebruary &(, 1$$/
Socrates was a governor of !alawan and also facing cases in
the Sandiganbayan where he invo8ed the 1atad ruling.
D5,<: :7n the application of the constitutional guaranty of
the right to speedy disposition of cases, particular regard must
also be ta8en of the facts and circumstances peculiar to each
case. 7t is palpably clear that the application of the 1atad
doctrine should not be made to rely solely on the length of time
that has passed but eAual concern should li8ewise be accorded
to the factual ambiance and considerations. 7t can easily be
deduced from a complete reading of the adjudicatory discourse
in 1atad that the three=year delay was specifically considered
vis=a=vis all the facts and circumstances which obtained
therein.9
So you just donLt consider the time element. Iou must also consider
the facts.

S5+;*?15S vs. S*?<7%*?-*I*?
'(4 S2+* 1#$, May 1., 1$$$
?"15: 1he 1atad ruling was applied in this case.
E*21S: Dere, 5lpidio Servantes was charged for violation of
Section 'e) of the *nti=%raft law. 7t too8 the special prosecutor
si@ /) years from the filing of the initiatory complaint before he
decided to file an information for the offense in the
Sandiganbayan. Servantes filed a motion to Auash for violation
of the right to speedy disposition of the case. Special prosecutor
tried to justify the delay in the resolution of the complaint by
stating that no political motivation appears in the prosecution of
the case in apparent reference to the case of 1atad because in the
said case there was political motivation behind the delay.
Special !rosecutor: :Servantes here was insensitive to the
implications and contingencies thereof by not ta8ing any step
whatsoever to accelerate the disposition of the matter.9 So you
are estopped.
D5,<: :Je find ServantesL contention meritorious. De was
deprived of his right to speedy disposition of the case, a right
guaranteed by the 2onstitution. Je cannot accept special prosecutorLs
ratiocination. 7t is the duty of the prosecutor to speedily resolve the
complaint as mandated by the 2onstitution regardless of whether
Servantes did not object to the delay although the delay was with his
acAuiescence provided it was not due to causes directly attributable to
him.9 So the mere fact that he was not complaining is not a factor.
Jhat is the factor is when the delay was caused by him.
,etLs go bac8 to paragraph GbH:
b) Jithin ten 1() days after the filing of the complaint,
the investigating officer shall either dismiss it if he finds no
ground to continue with the investigation, or issue a
subpoena to the respondent attaching to it a copy of the
complaint and its supporting affidavits and documents.
1he respondent shall have the right to e@amine the
evidence submitted by the complainant which he may not
have been furnished and to copy them at his e@pense. 7f the
evidence is voluminous, the complainant may be reAuired to
specify those which he intends to present against the
respondent, and these shall be made available for
e@amination or copying by the respondent at his e@pense.
"bjects as evidence need not be furnished a party but shall
be made available for e@amination, copying, or
photographing at the e@pense of the reAuesting party.
1here is no mention that after the counter=affidavit, the complainant
can also file a reply=affidavit. 1here is nothing which says that it cannot
be done, there is nothing which says that it can be done. Jell, my
position is, since it is not prohibited, try it.
F: %oing bac8 to paragraph b) when the respondent is subpoenaed,
he is supposed to file his counter=affidavit. -ut if he cannot be served a
subpoena or even if subpoenaed he does not submit his counter=
affidavitO
*: 1he investigating officer shall resolve the complaint based on the
evidence presented by the complainant.
M5+2*<" vs. 2"C+1 "E *!!5*,S
>uly 0, 1$$0
D5,<: :1he ?ew +ules on 2riminal !rocedure does not
reAuire as a condition sine Aua non to the validity of the
proceedings Gin the preliminary investigationH the presence of
the accused for as long as efforts to reach him were made, and
an opportunity to controvert the evidence of the complainant is
accorded him. 1he obvious purpose of the rule is to bloc8
attempts of offenses by hiding themselves or by employing
dilatory tactics.R
+einvestigation when proper
* reinvestigation is proper only if the accusedLs substantial rights
would be impaired. antiporda, >r. vs. %architorena, '&1 S2+* 001, 0/1
G1$$$H). Jhen the trial court orders a reinvesitigation of the case, it must
wait for the prosecutor to report on the result of such reinvestigation.
1hat is a matter of duty on its part, not only to be consistent with its
order but also to do justice and at the same time to avoid a possible
miscarriage of justice. !eople vs. -eriales 4( S2+* '/1, '/0='//
G1$4/H)
-ut where no less than the Supreme 2ourt has sustained the finding
of a probable cause against the accused, the lower court should not give
due course to the motion for reinvestigation, nor should a reinvestigation
be condicted. !ilapil vs. Sandiganbayan, &$$ S2+* '#' G1$$.H). So
too, when the resolution of the investigating prosecutor was reviewed by
the Secretary of >ustice, it is grossly erroneous for respondent judge to
order the reinvestigation of the case by the prosecutor. 1his action would
enable the latter to reprobate and reverse the secretaryLs resolution. 7n
granting the Motion for +einvestigation, respondent effectively
demolished the <">Ls power of control and supervision over
prosecutors. 2ommunity +ural -an8 of %uimba ?5), 7nc. vs. >udge
1alavera, *M ?o. +1> =(0=1$($, *pril /, &((0)
S52. #. +esolution of investigating prosecutor and its review.
7f the investigating prosecutor finds cause to hold the respondent
for trial, he shall prepare the resolution and information. De shall
certify under oath in= the information that he, or as shown by the
record, an authoriBed officer, has personally e@amined the
complainant and his witnesses3 that there is reasonable ground to
believe that a crime has been committed and that the accused is
probably guilty thereof3 that the accused was informed of the
complaint and of the evidence submitted against him3 and that he
was given an opportunity to submit controverting evidence.
"therwise, he shall recommend the dismissal of the complaint.
Jithin five 0) days from his resolution, he shall forward
the record of the case to the provincial or city prosecutor or
chief state prosecutor, or to the "mbudsman or his deputy in
cases of offenses cogniBable by the Sandiganbayan in the
e@ercise of its original jurisdiction. 1hey shall act on the
resolution within ten 1() days from their receipt thereof and
shall immediately inform the parties of such action.
?o complaint or information may be filed or dismissed by
an investigating prosecutor without the prior written authority
or approval of the provincial or city prosecutor or the
"mbudsman or his deputy.
Jhere the investigating prosecutor recommends the
dismissal of the complaint but his recommendation is
disapproved by the provincial or city prosecutor or chief state
prosecutor or the "mbudsman or his deputy on the ground
that a probable cause e@ists, the latter may, by himself, file
the information against the respondent, or direct another
assistant prosecutor or state prosecutor to do so without
conducting another preliminary investigation.
7f upon petition by a proper party under such rules as the
<epartment of >ustice may prescribe or motu propio, the
Secretary of >ustice reverses or modifies the resolution of the
provincial or city prosecutor or chief state prosecutor, he
shall direct the prosecutor concerned either to file the
corresponding information without conducting anther
preliminary investigation, or to dismiss or move for dismissal
of the complaint or information with notice to the parties.
1he same rule shall apply in preliminary investigations
conducted by the officers of the "ffice of the "mbudsman.
#a)
)esolution of In0estigationg Prosecutor
1. If the in0esting prosecutor fnds cause to hold
respondent for trial%
1. 0e &)all 're'are %)e re&ol%ion and in+orma%ion9
2. 0e &)all cer%i+/ nder oa%) in %)e in+orma%ion %)a%M
1. )e# or a& &)o7n A/ %)e record# an a%)ori6ed o?cer#
)a&
'er&onall/ eGamined %)e com'lainan% and )i&
7i%ne&&e&9
2. %)ere i& rea&onaAle (rond %o Aelie$e %)a% a crime
)a& Aeen
commi%%ed and %)a% %)e acc&ed i& 'roAaAl/ (il%/
%)ereo+9
3. %)e acc&ed 7a& in+ormed o+ %)e com'lain% and o+
%)e e$idence
&Ami%%ed a(ain&% )im# and
#. %)e acc&ed 7a& (i$en an o''or%ni%/ %o &Ami%
con%ro$er%in(
e$idence9 and
3. 0e &)all +or7ard %)e record o+ %)e ca&e# 7i%)in !$e 2-3 da/
+rom )i&
re&ol%ion# %o )i& &'erior 7)o ma/ ei%)er Ae %)eM
1. Pro$incial or Ci%/ Pro&ec%or# or
2. C)ie+ S%a%e Pro&ec%or# or
3. OmAd&man or )i& de'%/ in ca&e& o+ oBen&e&
co(ni6aAle A/ %)e
S< in %)e eGerci&e o+ i%& ori(inal Eri&dic%ion.
2. If the in0estigating prosecutor fnds -A cause to hold
the respondent for
trial%
1. 0e &)all recommend %)e di&mi&&al o+ %)e com'lain%9 and
2. 0e &)all +or7ard %)e record o+ %)e ca&e# 7i%)in !$e 2-3
da/& +rom )i&
re&ol%ion# %o )i& &'erior ma/ ei%)er Ae %)eM
1. Pro$incial or Ci%/ Pro&ec%or# or
2. c)ie+ &%a%e 'ro&ec%or# or
3. OmAd&man or )i& de'%/ in ca&e& o+ oBen&e&
co(ni6aAle A/ %)e
Sandi(anAa/an in %)e eGerci&e o+ i%& ori(inal
Eri&dic%ion
)e0iew of the )esolution in the In0estigating Prosecutor
1. No com'lainan% or in+orma%ion ma/ Ae !led or di&mi&&ed A/ an
in$e&%i(a%in(
'ro&ec%or 7i%)o% %)e 'rior 7ri%%en a%)ori%/ or %)e a''ro$al
o+ %)e M
1. 'ro$incial or ci%/ 'ro&ec%or# or
2. c)ie+ &%a%e 'ro&ec%or# or
3. %)e OmAd&man or )i& de'%/
2. Dut! of the superior re0iewing the resolution%
1. 0e:&)e &)all ac% on %)e re&ol%ion 7i%)in 1> da/& +rom
recei'% )%ero+# A/
ei%)erM
1. a''ro$in( i%# or
2. di&a''ro$in( i%# and
2. 0e:&)e &)all immedia%el/ in+orm %)e 'ar%ie& o+ &c)
ac%ion
&ppro0al or Disappro0al of recommendation 4ade ! the
In0estigating Prosecutor
1. If the recommendation for DIS4ISS&H is DIS&PP)ADED
! the superior on
the ground that proale cause e*ists%
1. T)e &'erior ma/# A/ )im&el+# !le %)e in+orma%ion a(ain&%
%)e re&'ond#
or direc% ano%)er a&&i&%an% 'ro&ec%or or &%a%e
'ro&ec%or %o do &o# and
2. T)ere i& no need +or condc%in( ano%)er 'reliminar/
in$e&%i(a%ion
2. <he Secretar! of 8ustice ma! re0erse or modif! the
resolution of the superior
of the in0estigating prosecutor%
1. U'on 'e%i%ion A/ a 'ro'er 'ar%/ nder &c) rle& a& %)e
DO. ma/
're&criAe# or
2. 1o% 'ro'io
3. What the Secretar! of 8ustice ma! do when he re0erse
or modif! said
resolution + he direct the prosecutor concerned either
to%
1. FILE %)e corre&'ondin( in+orma%ion 7i%)o% condc%in(
ano%)er
'reliminar/ in$e&%i(a%ion# or
2. DIS1ISS or mo$e +or di&mi&&al o+ %)e com'lain% or
in+orma%ion 7i%)
no%ice %o %)e 'ar%ie&
1. )esolution
a. Su$cienc! of e0idence for con0iction
)i/on 0. Desierto
##1 S2)& 113
Actoer 21, 266#
'irst Di0ision% ,uisiming, 8.
,uestion%
In )oldin( %)a% %)ere i& 'roAaAle ca&e %o c)ar(e re&'onden%
+or a crime# doe& a 'ro&ec%or al&o maIe a !ndin( %)a% )e )a&
&?cien% e$idence %o 'ro$e (il% Ae/ond rea&onaAle doA%J
&nswer%
No. A 'ro&ec%or doe& no% decide 7)e%)er %)ere i& e$idence
Ae/ond rea&onaAle doA% o+ %)e (il% o+ %)e 'er&on c)ar(ed. 0e
merel/ de%ermine& 7)e%)er %)ere i& &?cien% (rond %o en(ender
a 7ellC+onded Aelie+ %)a% a crime )a& Aeen commi%%ed and %)a%
%)e acc&ed i& 'roAaAl/ (il%/ %)ereo+# and &)old Ae )eld +or
%rial. A !ndin( o+ 'roAaAle ca&e# %)ere+ore# doe& no% re;ire an
in;ir/ a& %o 7)e%)er %)ere i& &?cien% e$idence %o &ecre a
con$ic%ion. I% i& eno() %)a% %)e 'ro&ec%or Aelie$e& %)a% %)e ac%
or omi&&ion com'lained o+ con&%i%%e& %)e oBen&e c)ar(ed. A %rial
i& in%ended 'reci&el/ +or %)e rece'%ion o+ 'ro&ec%ion e$idence in
&''or% o+ %)e c)ar(e. I% i& %)e cor% %)a% i& %a&Ied %o de%ermine
(il% Ae/ond rea&onaAle doA% Aa&ed on %)e e$idence 're&en%ed
A/ %)e 'ar%ie& a% a %rial A/ %)e meri%&.
. &sence of 2ertifcation
&l0iso 0. Sandigana!an
226 S2)& 33
4arch 1:, 1553
En 7anc% )egalado, 8.
Issue%
I& an in+orma%ion 7i%)o% %)e cer%i!ca%ion A/ %)e 'ro&ec%or
%)a% )e condc%ed a 'reliminar/ in$e&%i(a%ion $alidJ
9eld%
Ye&. No%7i%)&%andin( %)e aA&ence in %)e in+orma%ion o+ a
cer%i!ca%ion a& %o %)e )oldin( o+ a 'reliminar/ in$e&%i(a%ion# %)e
in+orma%ion i& none%)ele&& con&idered $alid +or %)e rea&on %)a%
&c) cer%i!ca%ion i& no% an e&&en%ial 'ar% o+ %)e in+orma%ion i%&el+
and i%& aA&ence canno% $i%ia%e i% a& &c).
2. &uthorit! to dismiss
a. 2ase pending in court
4anla0i 0. (acott, 8r.
2## S2)& 36
4a! 5, 1553
'irst Di0ision% ,uiason, 8.
Issue%
1a/ a Ed(e di&mi&& an in+orma%ion 7i%)o% %)e con&en% o+
%)e 'ro$incial or ci%/ or c)ie+ &%a%e 'ro&ec%orJ
9eld%
Ye&. Sec. ,# Rle 11" o+ %)e Ne7 Rle& on Criminal
Procedre# 7)ic) 'ro$ide& %)a% no com'lain% or in+orma%ion ma/
Ae !led or di&mi&&ed A/ an in$e&%i(a%in( !&cal 7i%)o% %)e 'rior
7ri%%en a''ro$al o+ %)e 'ro$incial or ci%/ !&cal or c)ie+ &%a%e
'ro&ec%or a''lie& %o %)e condc% o+ %)e 'reliminar/ in$e&%i(a%ion#
7)ic) i& 7i%)in %)e con%rol o+ %)e 'Alic 'ro&ec%or. I% )a& no
a''lica%ion in a ca&e 7)ere %)e in+orma%ion i& alread/ !led Ae+ore
%)e 'ro'er cor%. In +ac% %)e e'i(ra') o+ Rle 11" i& KD%/ o+
in$e&%i(a%in( !&cal.L
. &uthorit! to appeal dismissal
2A4EHE2 0. Sil0a
21= S2)& 1::
'eruar! 16, 1511
En 7anc% 4endo/a, 8.
Issue%
In ca&e& 7)ere a DO. 'ro&ec%or )a& Aeen de'%i6ed A/ %)e
Comelec %o 'ro&ec%e an elec%ion oBen&e# 7)o )a& a%)ori%/ %o
decide 7)e%)er or no% %o a''eal +rom %)e order o+ di&mi&&al i&&ed
A/ %rial cor%# %)e CO1ELEC or i%& de&i(na%ed 'ro&ec%orJ
9eld%
T)e a%)ori%/ %o decide 7)e%)er or no% %o a''eal %)e
di&mi&&al Aelon(& %o %)e CO1ELEC. Ar%. IYCC# ["283 o+ %)e
Con&%i%%ion eG're&&l/ $e&%& in i% %)e 'o7er and +nc%ion %o
Kin$e&%i(a%e# and 7)ere a''ro'ria%e# 'ro&ec%e ca&e& o+ $iola%ion&
o+ elec%ion la7&# incldin( ac%& or omi&&ion& con&%i%%in( elec%ion
+rad&# oBen&e&# and # mal'rac%ice&.L Pro&ec%or& de&i(na%ed A/
%)e CO1ELEC %o 'ro&ec%e %)e ca&e& ac% a& i%& de'%ie& 7)o
deri$e %)eir a%)ori%/ +rom i% and no% +rom %)eir o?ce&.
Con&e;en%l/# i% 7a& Ae/ond %)e 'o7er o+ %)e DO. 'ro&ec%or %o
o''o&e %)e a''eal o+ %)e CO1ELEC. I+ )e %)o()% %)ere 7a& no
'roAaAle ca&e +or 'roceedin(# )e &)old )a$e di&c&&ed %)e
ma%%er 7i%) %)e CO1ELEC and a7ai%ed i%& in&%rc%ion. I+ )e
di&a(reed 7i%) %)e CO1ELECP& !ndin(&# )e &)old )a$e &o()%
'ermi&&ion %o 7i%)dra7 +rom %)e ca&e&.
3. )e0iew of )esolution
a. -ature of prosecution o$ce
'iladams Pharma 0. 2&
#2= S2)& #=6
4arch 36, 266#
<hird Di0ision% 2orona, 8.
Issue%
I& %)e O?ce o+ %)e Pro&ec%ion a ;a&iCEdicial a(enc/ 7)o&e
re&ol%ion& are &AEec% %o re$ie7 A/ %)e CA nder Rle ,* o+ %)e
1FF= Rle& o+ Ci$il ProcedreJ
9eld%
No. A ;a&iCEdicial Aod/ )a& Aeen de!ned a& K an or(an o+
(o$ernmen% o%)er %)an a cor% and o%)er %)an a le(i&la%re 7)ic)
aBec%& %)e ri()%& o+ 'ri$a%e 'ar%ie& %)ro() ei%)er adEdica%ion or
rleCmaIin(.L On %)e o%)er )and# %)e 'ro&ec%or in a 'reliminar/
in$e&%i(a%ion doe& no% de%ermine %)e (il% or innocence o+ %)e
acc&ed. 0e doe& no% eGerci&e adEdica%ion nor rleCmaIin(
+nc%ion&. Preliminar/ in$e&%i(a%ion i& merel/ in;i&i%orial# and i&
o+%en %)e onl/ mean& o+ di&co$erin( %)e 'er&on& 7)o ma/ Ae
rea&onaAl/ c)ar(ed 7i%) a crime and %o enaAle %)e !&cal %o
're'are )i& com'lain% or in+orma%ion. I% i& no% a %rial o+ %)e ca&e
on %)e meri%& and )a& no 'r'o&e eGce'% %)a% o+ de%erminin(
7)e%)er a crime )a& Aeen commi%%ed an 7)e%)er %)ere i& a
'roAaAle ca&e %o Aelie$e %)a% %)e acc&ed i& (il%/ %)ereo+.
0ence# %)e o?ce o+ %)e 'ro&ec%or i& no% a ;a&iCEdicial Aod/9
nece&&aril/# i%& deci&ion& a''ro$in( %)e !lin( o+ a criminal
com'lain% are no% a''ealaAle %o %)e CA nder Rle ,*.
. Super0ision and control o0er prosecutors
2ommunit! )ural 7anB 0. <ala0era
#33 S2)& 3#
&pril =, 2663
En 7anc% Panagnian, 8.
,uestion%
In %)e condc% o+ 'reliminar/ in$e&%i(a%ion# 7)o eGerci&e&
&'er$i&ion and con%rol o$er ci%/ and 'ro$incial 'ro&ec%or&J
&nswer%
Sec. *F# C)a'%er D# <ooI IV in rela%ion %o Sec. -# D# and F#
C)a'%er "# Ti%le III o+ %)e Re$i&ed Admini&%ra%i$e Code (i$e& %)e
&ecre%ar/ o+ .&%ice &'er$i&ion and con%rol o$er %)e o?ce o+ %)e
C)ie+ Pro&ec%or and %)e Pro$incial and Ci%/ Pro&ec%ion O?ce&.
T)e ac%ion& o+ 'ro&ec%or& are no% nlimi%ed9 %)e/ are &AEec% %o
re$ie7 A/ Secre%ar/ o+ .&%ice 7)o ma/ a?rm# nlli+/# re$er&e or
modi+/ %)eir ac%ion& or o'inion&. Con&e;en%l/ %)e &ecre%ar/ ma/
direc% %)em %o !le ei%)er a mo%ion %o di&mi&& %)e ca&e or an
in+orma%ion a(ain&% %)e acc&ed. In &)or%# %)e Secre%ar/ o+ .&%ice
i& %)e l%ima%e a%)ori%/ 7)o decide& 7)ic) o+ %)e conNic%in(
%)eorie& o+ %)e com'lainan%& and %)e re&'onden%& &)old Ae
Aelie$ed.
c. )e0iew of Amudsman resolution
4aturan 0. Amudsman
#33 S2)& 323
8ul! :, 266#
'irst Di0ision% ,uisuming, 8.
,uestion%
W)a% i& 'ro'er 'rocedre +or &eeIin( a re$ie7 +or %)e
re&ol%ion o+ %)e O?ce o+ %)e OmAd&man !ndin( %)e eGi&%ence
or nonCeGi&%ence o+ a 'roAaAle ca&eJ
&nswer%
T)e 'ro'er cor&e o+ ac%ion i& a &'ecial ci$il ac%ion +or
cer%iorari Ae+ore %)e S'reme Cor%. W)ile %)e OmAd&man )a&
%)e +ll di&cre%ion %o de%ermine 7)e%)er a criminal ca&e &)old Ae
!led# %)e SC i& no% 'reclded +rom re$ie7in( %)e OmAd&manP&
ac%ion 7)en %)ere i& (ra$e aA&e o+ di&cre%ion amon%in( %o a
lacI or eGce&& o+ Eri&dic%ion# in 7)ic) ca&e Rle 8- o+ %)e Rle& o+
Cor% ma/ Ae in$oIed 'r&an% %o 're&en% 'rac%ice or#
eGce'%ionall/# e$en Sec. 1# Ar%. VIII o+ %)e 1FD= Con&%i%%ion.
Accordin(l/# 7)ere %)e !ndin( o+ %)e OmAd&man a& %o %)e
eGi&%ence o+ 'roAaAle ca&e i& %ain%ed 7i%) (ra$e aA&e o+
di&cre%ion amon%in( %o lacI or eGce&& o+ Eri&dic%ion# 7)ile %)ere
i& no a''eal# %)e a((rie$ed 'ar%/ ma/ !le 7i%) %)e SC a 'e%i%ion
+or cer%iorari nder Rle 8-.
d. )emed! in case of dismissal ! DA8 Secretar!
'iladams Pharma 0. 2&
#2= S2)& #=6
4arch 36, 266#
<hird Di0ision% 2orona, 8.
,uestion%
W)ere %)e Secre%ar/ o+ .&%ice di&mi&&e& an a''eal on %)e
(rond %)a% no 'roAaAle ca&e eGi&%&# 7)a% i& %)e remed/ o+ %)e
ad$er&e 'ar%/J
&nswer%
I+ )i& mo%ion +or recon&idera%ion i& denied A/ %)e Secre%ar/ o+
.&%ice# &ince %)ere i& no more a''eal or o%)er remed/ a$ailaAle in
%)e ordinar/ cor&e o+ la7# %)e 'rocedre i& %o !le a 'e%i%ion +or
cer%iorari 7i%) %)e CA on %)e (rond o+ (ra$e aA&e o+ di&cre%ion
nder Rle 8- o+ %)e 1FF= Rle& o+ Ci$il Procedre.
#. Discretion of court to dismiss
Santos 0. Arda
#3: S2)& 36#
Septemer 1, 266#
Second Di0ision% 2alle"o, Sr., 8.
'acts%
Acc&ed 7ere c)ar(ed 7i%) mrder in an in+orma%ion !le A/
%)e Ci%/ 'ro&ec%or. On a''eal %o %)e DO.# %)e Secre%ar/ re$er&ed
%)e 'ro&ec%or and ordered )im %o 7i%)dra7 %)e in+orma%ion.
De&'i%e %)e 'endenc/ o+ a mo%ion +or recon&idera%ion !led A/
com'lainan%# %)e 'ro&ec%or &Ami%%ed a mo%ion %o 7i%)dra7 %)e
in+orma%ion. T)e RTC (ran%ed %)e mo%ion &AEec% %o reC!lin( o+
%)e in+orma%ion i+ %)e DO. re$er&e& i%&el+. A mo%ion +or
recon&idera%ion 7a& denied A/ %)e RTC &%a%in( %)a% i% canno% order
%)e reC!lin( o+ %)e In+orma%ion i+ %)e DO. and %)e 'Alic 'ro&ec%or
re+&e %o do &o.
Issue%
Did %)e RTC commi% a (ra$e aA&e o+ i% & di&cre%ion in
(ran%in( %)e 'ro&ec%orP& mo%ion %o 7i%)dra7 %)e in+orma%ion on
%)e Secre%ar/ o+ .&%iceP& !ndin( %)a% %)ere 7a& no 'roAaAle
ca&eJ
9eld%
Ye&. Once an in+orma%ion i& !le in cor%# an/ di&'o&i%ion o+
%)e ca&e or di&mi&&al or ac;i%%al or con$ic%ion o+ %)e acc&ed
re&%& 7i%)in %)e eGcl&i$e Eri&dic%ion# com'e%ence# and di&cre%ion
o+ %)e %rial cor%. A mo%ion %o di&mi&& %)e ca&e !led A/ 'Alic
'ro&ec%or &)old Ae addre&&ed %o %)e cor% 7)o )a& %)e o'%ion
%o (ran% or den/ %)e &ame. In re&ol$in( %)e mo%ion# %)e %rial cor%
&)old no% rel/ &olel/ and merel/ on !ndin(& o+ %)e 'Alic
'ro&ec%or or %)e Secre%ar/ o+ .&%ice %)a% no crime 7a&
commi%%ed or %)e e$idence o+ %)e 'o&&e&&ion o+ %)e 'Alic
'ro&ec%or i& in&?cien% %o &''or% a Ed(men% o+ con$ic%ion o+
%)e acc&ed. T)e %rial cor% &)old maIe an inde'enden%
a&&e&&men% o+ %)e meri%& o+ %)e ca&e Aa&ed on %)e a?da$i%&#
docmen%&# or e$idence a''ended %o %)e In+orma%ion9 or an/
e$idence alread/ addced Ae+ore %)e cor% A/ %)e acc&ed a% %)e
%ime %)e mo%ion i& !led A/ %)e 'Alic 'ro&ec%or.
In %)i& ca&e# %)e RTC +ailed %o maIe an inde'enden%
a&&e&&men% o+ %)e meri%& o+ %)e ca&e& and %)e e$idence on record
or in %)e 'o&&e&&ion o+ %)e 'Alic 'ro&ec%or. In (ran%in( %)e
mo%ion o+ %)e 'Alic 'ro&ec%or %o 7i%)dra7 %)e in+orma%ion# %)e
RTC relied &olel/ on %)e Eoin% re&ol%ion o+ %)e Secre%ar/ o+ .&%ice.
In (ran%in( %)e 'Alic 'ro&ec%orP& mo%ion# %)e RTC aAdica%ed i%&
Edicial 'o7er and ac%ed a& mere &rro(a%e o+ %)e Secre%ar/ o+
.&%ice.
3. E*ceptions to non.interference ! courts
'iladams Pharma 0. 2&
#2= S2)& #=6
4arch 36, 266#
<hird Di0ision% 2orona, 8.
,uestion%
W)ile a& a (eneral 'olic/ cor%& &)old no % in%er+ere in %)e
condc% o+ 'reliminar/ in$e&%i(a%ion# lea$in( %)e in$e&%i(a%in(
o?cer& &?cien% di&cre%ion %o de%ermine 'roAaAle ca&e# 7)a%
are %)e eGce'%ion& %o %)e (eneral rleJ
&nswer%
T)e +ollo7in( are %)e eGce'%ion&M

". 7)en nece&&ar/ %o aBord ade;a%e 'ro%ec%ion %o %)e
con&%i%%ional ri()%& o+ %)e acc&ed9
*. 7)en nece&&ar/ +or %)e orderl/ admini&%ra%ion o+ E&%ice
or %o a$oid o''re&&ion or ml%i'lici%/ o+ ac%ion&9
,. 7)en %)ere i& 'reEdicial ;e&%ion 7)ic) i& &A Edice9
-. 7)en %)e ac%& o+ %)e o?cer are 7i%)o% or in eGce&& o+
a%)ori%/9
8. 7)ere %)e 'ro&ec%ion i& nder an in$alid la7# ordinance#
or re(la%ion9
=. 7)en doAle Eeo'ard/ i& clearl/ a''aren%9
D. 7)ere %)e cor% )a& no Eri&dic%ion o$er %)e oBen&e9
F. 7)ere i% i& a ca&e o+ 'er&ec%ion ra%)er %)an 'ro&ec%ion9
1>. 7)ere %)e c)ar(e& are mani+e&%l/ +al&e and mo%i$a%ed A/
%)e l&% +or $en(eance9 and
11. 7)en %)ere i& clearl/ no 'rima +acie ca&e a(ain&% %)e
acc&ed and amo%ion %o ;a&) on %)a% (rond )a& Aeen denied.
=. )emedies against refusal to fle
Socrates 0. Sandigana!an
233 S2)& ::3
'eruar! 26, 155=
Second Di0ision% )egalado, 8.
,uestion%
W)a% are %)e remedie& o+ %)e oBended 'ar%/ in ca&e& 7)ere
%)e (o$ernmen% 'ro&ec%or nE&%i!aAl/ re+&e& %o !le an
in+orma%ion a(ain&% a 'er&on 7)o a''ear& %o re&'on&iAle +or a
crimeJ
&nswer%
W)ere %)e (o$ernmen% 'ro&ec%or nrea&onaAl/ re+&e& %o
!le an in+orma%ion or %o inclde a 'er&on a& an acc&ed %)erein
de&'i%e %)e +ac% %)a% %)e e$idence clearl/ 7arran%& &c) ac%ion#
%)e oBended 'ar%/ )a& %)e +ollo7in( remedie&M 213 in ca&e o+
(ra$e aA&e o+ di&cre%ion# )e ma/ !le an ac%ion +or madam& %o
com'el %)e 'ro&ec%or %o !le &c) in+orma%ion9 2"3 )e ma/ lod(e a
ne7 com'lain% a(ain&% %)e oBender& Ae+ore %)e OmAd&man and
)a$e a ne7 eGamina%ion condc%ed a& re;ired A/ la79 2*3 )e
in&%i%%e admini&%ra%i$e c)ar(e& a(ain&% %)e errin( 'ro&ec%or# or
a criminal com'lain% nder Ar%. ">D o+ %)e Re$i&ed Penal Code# or
a ci$il ac%ion +or dama(e& nder Ar%. "= o+ %)e Ci$il Code9 2,3)e
ma/ &ecre an a''oin%men% o+ ano%)er 'ro&ec%or9 or 2-3 )e ma/
in&%i%%e ano%)er criminal ac%ion i+ no doAle Eeo'ard/ i& in$ol$ed.
1he investigating prosecutor after the preliminary investigation will
now issue a resolution to be approved by his superior recommending the
filing or dismissal of the case. 7f he finds probable cause to hold the
respondent for trial, he shall prepare the resolution and information and
he will certify under oath that he, or as shown by the record, an
authoriBed officer, has personally e@amined the complainant and his
witnesses that there is a reasonable ground to believe that a crime has
been committed that the accused is probably guilty thereof, that the
accused was informed of the complaints and of the evidence submitted
against him and that he was given opportunity to submit controverting
evidence. 1hat is a standard form in the information filed by the
prosecutor.
F: Suppose the prosecutor failed to ma8e that certification in the
information, is the information valid or defectiveO
*: 7t is still ;*,7<. :?otwithstanding the absence in the information
of a certification as to the holding of a preliminary investigation, the
information is nonetheless considered valid for the reason that such
certification is not an essential part of the information itself and its
absence cannot vitiate it as such.9 *lviBo vs. Sandiganbayan, &&(
S2+* #0)
F: *fter that, what will he doO 1o whom will he forward his
resolutionO
*: 1o the provincial or city prosecutor or chief state prosecutor
,edesma vs. 2*, &4. S2+* /0/, /4. G1$$4H3 2respo vs. Mogul3 or the
"mbudsman of his deputy Sec. # +ule 11&). 7n other words, a
complaint or information can only be filed if it is approved or
authororiBed by the provincial or city prosecutor or chief state
prosecutor or the "mbudsman or his deputy. abdula vs. %uiani, '&/
S2+* 1, 11 G&(((H. 1he +egional State !rosecutor is not included
among the law officers authoriBed to approve the filing or dismissal of
the 7nformation of the investigating prosecutor. State !rosecutor K
Special !rosecutor on SSS 2ases in +egion ; vs. !aAueo, >r., %+
10(/(/, >une 4, &((4).
7n a case, the information for murder was assailed to be null and void
because it was filed without the authority of the !rovincial !rosecutor.
Jhile the resolution and the information were not approved byn the
provincial prosecutor, it was held that the notation by the investigating
prosecutor N may dispose of the case without his approval N is sufficient
compliance with the +ules. *bdula vs. %uiani)
-ut in another case, where the information for violation of SSS laws
was filed by a State !rosecutor without the prior approval of the 2ity
!rosecutor, it was held that, in the absence of a directive from the
Secretary of >ustice designating the State !rosecutor as Special
!rosecutor for SSS cases or a prior written approval of the information
by the provincial or city prosecutor, the information was filed byu an
officer without authority to file the same. 1his infirmity in the
information constitutes a jurisdictional defect that cannot be cured.
!eople vs. %arfin3 +S! 1uringan vs. %arfin %+ 10'&.# *pril 14, &((43
state !rosecutor K Special !rosecutor on SSS 2ases in +egion ; vs.
!aAueo, >r. supra)
Service of +esolutions
1he +ule on service of pleadings, motions and other papers provided
for in the +ules of 2ourt cannot be made to apply to the service of
resolutions by public prosecutors, especially as the agency concerned, in
this case the <">, has its own procedural rules governing said service.
7n preliminary investigation, service can be made upon the party himself
or through his counsel. 1am Jing 1a8 ;s. Ma8asiar, '0( S2+* #40,
#.'=#.# G&((1H
1he failure to furnish the respondent with a copy of an adverse
resolution does not affect the validity of an information thereafter filed
even if a copy of the resolution upon which the information is based was
not served upon the respondent. !echo vs. Sandiganbayan, &'. S2+*
11/ G1$$#H3 1orralba vs. Sandiganbayan &'( S2+* '' G1$$#H). Dence,
the failure of the prosecution to furnish copy of the resolution in the
preliminary investigation tothe respondent is not a ground to Auash an
information. ;asAueB vs. Dobilla=*lino, &41 S2+* /4, 41=4& G1$$4H).
So too, the service of the resolution to the respondent, even if
represented by counsel, was not held invalid. Degerty vs. 2* %+
10#$&(, *ug. 10, &((').
F: 7s the resolution of the prosecutor appealableO
*: I5S. 7t is appealable to the Secretary of >ustice. 1he last
paragraph of Section # gives the power of review to the <epartment of
>ustice that is, if the case originally started in the EiscalLs office.
1he <"> can reverse or modify resolution of a city or provincial
prosecutor and the procedure for review is governed not by the +ules of
2ourt, but by a department order. 1here is also a procedure there for
appeal or review by the <"> &((( <"> +ules on *ppeal, >uly ', &((().
7n 2respo vs. Mogul, the 2ourt discussed also these points:
F: Jhat happens if the <"> sustains the appealO
*: 7t will reverse the resolution of the prosecutor, which means either
to file or not to file depending on the resolution on appeal.
Jhat is the procedure if on appeal the <"> Secretary finds no
probable cause but the information is already filed in courtO
*: Cnder the new rules, the fiscal is ordered to file a motion to
dismiss the case in court.
-ut will the court be bound by the findings of the >ustice Secretary
and obligated to grant the motionO
1hat was the issue in the case of 2+5S!". *nd the S2 ruled that:
2+5S!" vs. M"%C,
>une '(, 1$.4
D5,<: 1he power of the fiscal is practically absolute
whether to file or not to file. -ut once the case is filed in court,
the power now belongs to the judge and he is the one who will
determine whether to proceed or not to proceed. 1he court will
be the one to decide because control over the case is already
shifted in the court. 1he court now has the absolute power and
once the court tell the fiscal Nyou proceed,L then the fiscal has to
proceed. 1he latter should not shir8 from his responsibility of
representing the !eople of the !hilippines. So the absolute
power of the fiscal ends upon the filing of the case in court.
:*s an advice Gnote the word adviceH, that in order to avoid
this unpleasant situation where the opinion o the Secretary of
>ustice is not to proceed but the opinion of the judge is to
proceed, and the fiscal is caught in the middle, when the case is
already filed in court, the Secretary of >ustice as much as
possible, should not review the resolution of the fiscal to file
when the case is already filed in court to avoid this unpleasant
situation because it will really cause a conflict of opinion
between the two &) offices.9
Cnder the present set=up, the +egional State !rosecutors are authoriBed
to resolve petitions for review of resolutions of !rovincial)2ity
!rosecutors in cases cogniBable by the Me12, M12, M212, ecept in
the ?ational 2apital +egion. ?evertheless, in the interest of justice, the
Secretary of >ustice retains the power to review resolutions of the +S!s
in appealed case <"> 2ircular ?o. 4(=*, >une 1(, &(((). 7n addition,
dismissals by the provincial or city prosecutors of drug=related cases
+* $1/0) involving the ma@imum oenalty of life imprisonment to death
shall be subject to automatic review by the +S! having jurisdiction over
the prosecution office concerned. <"> 2ircular ?o. #/, >une &/, &((').
Suspension of proceedings pending appeal
Jhere the Secretary of >ustice e@ercises his power of review only
after an iformation has been filed, trial courts should defer or suspend
arraignment and further proceedings until the appeal is resolved. Such
deferment or suspension, however, does not signify that the trial court is
ipso facto b ound by the resolution of the secretary of justice.
>urisdiction, once acAuired by the trial court, is not lost despite a
resolution by the secretary of justice to withdraw the information or
dismiss the case. ,edesma vs. 2*, &4. S2+* /0/, /.( G1$$4H)
7n Marcelo vs. 2*, &'0 S2+* '$ G1$$#H, the Supreme 2ourt ruled
that, although it is more prudent to wait for a final resolution of a motion
for review or reinvestigation from the secretary of justice before acting
on a motion to dismiss or a motion to withdraw an information, a trial
court nonetheless should ma8e its own study and evaluation of said
motion and no merely rely on the awaited action of the secretary. 1he
trial court has the option to frant or deny the motion to dismiss the case
filed by the fiscal, whether before or after the arraignment of the
accused, and whether after a resinvestigation or upon instructions by the
secretary who reviewed the records of the investigation3 provided that
such grant or denial is made from its own assessment and evaluation of
the merits of the motion.
7n MartineB vs. 2*, &'4 S2+* 040 G1$$#H, the high court overruled
the grant of the motion to dismiss filed by the prosecuting fiscal upon
the recommendation of the secretary of justice because, such grant was
based upon considerations other than the judgeLs own assessment of the
matter. +elying solely on the conclusion of the prosecution to the effect
that there was no sufficient evidence against the accused to sustain the
allegation in the information, the trial judge did not perform his function
of ma8ing an independent evaluation or assessment of the merits of the
case.
>udicial +eview of determination of probable cause
2ourts should give credence, in the absence of a clear showing of
arbitrariness, to the findings and determination of probable cause by
prosecutors in preliminary investigation. <upasAuier vs. 2*, '0(
S2+* 1#/, 10' G&((1H. 1hus, although it is entirely possible that the
investigating fiscal may erroneously e@ercise the discretion lodged in
him by law, this does not render his act amenable to correction and
annulment by the e@traordinary remedy of certiorari absent any showing
of grave abuse of discretion amounting to e@cess of jurisdiction.
Degerty vs. 2*3 <M 2onsunji, 7nc. vs. 5sguerra, '&. S2+* 1/., 1.(
G1$$/H)
>udicial review of the resolution of the Secretary of >ustice is limited
to a determination of whether there has been a grave abuse of discretion
amounting to lac8 or e@cesss of jurisdiction considering that the full
discretionary authority has been delegated to the e@ecutive branch in the
determination of probable cause during a preliminary investigation.
2ourts are not empowered to substitute their judgment for that of the
e@ecutive branch. 7t may, however, loo8 into the Auestion of whether
such e@ercise has been made in grave abuse of discretion.Metroban8 vs.
1onda, ''. S2+* &0#, &4(=&41 G&(((H. 1hus, as a general rule, the
Supreme 2ourt does not interfere with the "mbudsmanLs determination
of the e@istence or absence of probable cause e@cept when there is grave
abuse of discretion SistoBa vs. <esierto, '.. S2+* '(4, '&' G&((&H).
*ppeal from the resolution of prosecutor in election offenses
7n cases where the State !rosecutor, or !rovincial or 2ity Eiscal
e@ercises the delegated power to conduct preliminary investigation of
election offense cases, after the investigating officer submits his
recommendation, said officers have already resolved the issue of
probable cause. Erom such resolution, appeal to the 2omelec lies. *s the
e@ercise by the 2ommission of its review powers would, at this point,
already constitute a second loo8 on the issue of probable cause, the
2omelecLs ruling on the appeal would be immediately final and
e@ecutor. Eaelnar vs. !eople, ''1 S2+* #&$, #'/ G&(((H)

S52. 0. Jhen warrant of arrest may issue. a) -y the
+egional 1rial 2ourt. Jithin ten 1() days from the filing of the
complaint or information, the judge shall personally evaluate the
resolution of the prosecutor and its supporting evidence. De may
immediately dismiss the case if the evidence on record clearly fails
to establish probable cause. 7f he finds probable cause, he shall
issue a warrant of arrest, or a commitment order when the
complaint or information was filed pursuant to section / of this
+ule. 7n case of doubt on the e@istence of probable cause, the judge
may order the prosecutor to present additional evidence within five
0) days from notice and the issue must be resolved by the court
within thirty '() days from the filing of the complaint of
information.@@@@@
Procedure to e followed ! an )<2 or 4<2 8udge when
preliminar! In0estigation is )e?uired
1. 9e shall PE)SA-&HH> ED&HC<E the resolution of the
prosecutor and its supporting e0idence%
T)i& m&% Ae done 7i%)in %en 21>3 da/& +rom %)e !lin( o+ %)e
com'lain% o+
in+orma%ion
2. Step to e taBen after personal e0aluation%
1. I+ %)e e$idence on record clearl/ +ail& %o e&%aAli&)
'roAaAle ca&e
CCimmedia%el/ DIS1ISS %)e ca&e.
2. I+ )e !nd 'roAaAle ca&e# )e &)all ISSUE# ei%)er aM
1. 7arran% o+ arre&%# or
2. commi%men% order 7)en %)e com'lain% or
in+orma%ion 7a& !led
'r&an% %o a la7+l 7arran%le&& arre&% nder Sec.
8
3. What 8udge ma! do in case of dout%
0e ma/ order %)e 'ro&ec%or %o 're&en% addi%ional e$idence
7i%)in !$e 2-3
da/& +rom no%ice.
#. Period for resolution%
T)e i&&e m&% Ae re&ol$ed A/ %)e cor% 7i%)in *> da/& +rom
%)e !lin( o+ %)e com'lain% o+ in+orma%ion.
1. Proale cause
a. Defnition
People 0. 2&
361 S2)& #:3
8anuar! 21, 1555
<hird Di0ision% Panaganian, 8.
,uestion%
W)a% doe& 'roAaAle ca&e +or %)e i&&ance o+ a 7arran% o+
arre&% meanJ
&nswer%
ProAaAle ca&e +or %)e i&&ance o+ a 7arran% o+ arre&% i& %)e
eGi&%ence o+ &c) +ac%& and circm&%ance& %)a% 7old lead
rea&onaAl/ di&cree% and 'rden% 'er&on %o Aelie$e %)a% an oBen&e
)a& Aeen commi%%ed A/ a 'er&on &o()% %o Ae arre&%ed. 0ence#
%)e Ed(e# Ae+ore i&&in( a 7arran% o+ arre&%# Km&% &a%i&+/ )im&el+
%)a% Aa&ed on %)e e$idence &Ami%%ed# %)ere i& &?cien% 'roo+
%)a% a crime )a& Aeen commi%%ed and %)a% %)e 'er&on %o Ae
arre&%ed i& 'roAaAl/ (il%/ %)ereo+.L A% %)i& &%a(e o+ criminal
'roceedin(# %)e Ed(e i& no% /e% %a&Ied %o re$ie7 in de%ail %)e
e$idence &Ami%%ed drin( %)e 'reliminar/ in$e&%i(a%ion. I% i&
&?cien% %)a% )e 'er&onall/ e$ala%e& &c) e$idence in
de%erminin( 'roAaAle ca&e. T)e Ed(e merel/ de%ermine& %)e
'roAaAili%/# no% %)e cer%ain%/# o+ (il% o+ %)e acc&ed and# in doin(
&o# )e need no% condc% a de no$o )earin(. 0e &im'l/ 'er&onall/
re$ie7& %)e 'ro&ec%orP& ini%ial de%ermina%ion !ndin( 'roAaAle
ca&e %o &ee i+ i% i& &''or%ed A/ &A&%an%ial e$idence.
. Standard to appl!
We 0. De Heon
2#: S2)& =32
&ugust 23, 1553
Second Di0ision% Puno, 8.
,uestion%
W)a% &%andard &)old Ae a''lied in de%erminin( 'roAaAle
ca&eJ
&nswer%
ProAaAle ca&e %o 7arran% o+ arre&% i& no% an o'a;e conce'%
in or Eri&dic%ion. Con%inin( accre%ion& o+ ca&e la7 rei%era%e
%)a% %)e/ are +ac%& and circm&%ance& 7)ic) 7old lead a
rea&onaAl/ di&cree% and 'rden% man %o Aelie$e an oBen&e )a&
Aeen commi%%ed A/ %)e 'er&on &o()% %o Ae arre&%ed. O%)er
Eri&dic%ion& %ili6e %)e %erm Kman o+ rea&onaAle ca%ionL or %)e
%erm ordinaril/ 'rden% and ca%io& man. T)e %erm& are le(all/
&/non/mo& and %)eir re+erence i& no% %o a 'er&on 7i%) %rainin( in
%)e la7 &c) a& a 'ro&ec%or or a Ed(e A% %o %)e a$era(e man
on %)e &%ree%. In de%erminin( 'roAaAle ca&e# %)e a$era(e man
7ei()& +ac%& and circm&%ance& 7i%)o% re&or%in( %o %)e
caliAra%ion& o+ or %ec)nical rle& o+ e$idence o+ 7)ic) )i&
Ino7led(e i& nil. Ra%)er# )e relie& on %)e calcl& o+ common
&en&e o+ 7)ic) all rea&onaAle men )a$e an aAndance.
c. 4eaning of proale cause for fling a case
Peope 0. 2&
361 S2)& #:3
8anuar! 21, 1555
<hird Di0ision% Panagnian, 8.
,uestion%
0o7 i& %)e de%ermina%ion o+ 'roAaAle ca&e A/ %)e
'ro&ec%or di&%in(i&)ed +rom %)e de%ermina%ion o+ 'roAaAle
ca&e A/ %)e Ed(eJ
&nswer%
Fir&%# %)e de%ermina%ion o+ a 'roAaAle ca&e A/ %)e
'ro&ec%or i& +or %)e 'r'o&e diBeren% +rom %)a% 7)ic) i& %o Ae
made A/ %)e Ed(e. W)e%)er %)ere i& rea&onaAle (rond %o
Aelie$e %)a% %)e acc&ed i& (il%/ o+ %)e oBen&e c)ar(ed and
&)old Ae )eld +or %rial i& 7)a% %)e 'ro&ec%or 'a&&e& 'on. T)e
Ed(e# on %)e o%)er )and# de%ermine& 7)e%)er a 7arran% o+ arre&%
&)old Ae i&&ed a(ain&% %)e acc&ed# i.e.# 7)e%)er %)ere i& a
nece&&i%/ +or 'lacin( )im nder immedia%e c&%od/ in order no% %o
+r&%ra%e %)e need& o+ E&%ice.
Second# &ince %)eir oAEec%i$e& are diBeren%# %)e Ed(e canno%
rel/ &olel/ on %)e re'or% o+ %)e 'ro&ec%or in !ndin( 'roAaAle
ca&e %o E&%i+/ %)e i&&ance o+ 7arran% o+ arre&%. OA$io&l/ and
nder&%andaAl/# %)e con%en%& o+ %)e 'ro&ec%orP& re'or% 7ill
&''or% )i& o7n concl&ion %)a% )%ere i& rea&on %o c)ar(e %)e
acc&ed o+ an oBen&e and )old )im +or %rial. 0o7e$er# %)e Ed(e
m&% decide inde'enden%l/. 0ence# )e m&% )a$e &''or%in(
e$idence# o%)er %)an %)e 'ro&ec%orP& Aare re'or% 'on 7)ic) %o
le(all/ &&%ain )i& o7n !ndin(& in %)e eGi&%ence or nonCeGi&%ence
o+ 'roAaAle ca&e i& lod(ed in )im A/ no le&& %)an %)e mo&% Aa&ic
la7 o+ land.
La&%l/# i% i& no% re;ired %)a% %)e en%ire record& o+ %)e ca&e
drin( %)e 'reliminar/ in$e&%i(a%ion Ae &Ami%%ed %o and
eGamined A/ %)e Ed(e. T)e %rial cor%& &)old no% Ae ndl/
Ardened A/ oAli(in( %)em %o eGamine %)e com'le%e record& o+
e$er/ ca&e all %)e %ime &im'l/ +or %)e 'r'o&e o+ orderin( %)e
arre&% o+ %)e acc&ed. W)a% i& re;ired# ra%)er# i& %)a% %)e Ed(e
m&% )a$e &?cien% &''or%in( docmen%& 2com'lain%# a?da$i%&#
con%erCa?da$i%&# &7orn &%a%emen%& o+ 7i%ne&&e& or %ran&cri'% o+
&%eno(ra') no%e&3 'on 7)ic) %o $eri+/ %)e !ndin(& o+ %)e
'ro&ec%or a& %o %)e eGi&%ence o+ 'roAaAle ca&e.
2. Personal determination ! the "udge
a. E0idence needed for issuance
ABae 0. (utierre/
#25 S2)& =13
4a! 2:, 266#
Second Di0ision% 2alle"o, Sr., 8.
'acts%
Acc&ed 7a& c)ar(ed 7i%) e&%a+a. <a&ed on %)e in+orma%ion#
%)e re&ol%ion o+ %)e in$e&%i(a%in( 'ro&ec%or and %)e a?da$i% o+
com'lainan%# %)e Ed(e i&&ed a 7arran% o+ arre&% a(ain&% )er.
T)e con%erCa?da$i% and o%)er e$idence &Ami%%ed A/ %)e
acc&ed drin( %)e 'reliminar/ in$e&%i(a%ion 7ere no% Aer\+ore
%)e Ed(e 7)en )e i&&ed %)e 7arran% o+ arre&%.
Issue%
Did %)e Ed(e commi% (ra$e aA&e o+ di&cre%ion in i&&in(
%)e 7arran% Aa&ed onl/ on %)e aAo$eCmen%ioned e$idenceJ
9eld%
Ye&. In de%erminin( %)e eGi&%ence or nonCeGi&%ence o+
'roAaAle ca&e +or %)e arre&% o+ %)e acc&ed# %)e Ed(e &)old no%
rel/ &olel/ on %)e re'or% o+ %)e in$e&%i(a%in( 'ro&ec%or A% al&o
%)e a?da$i%& and %)e docmen%ar/ e$idence o+ %)e 'ar%ie&# %)e
con%erCa?da$i% o+ %)e acc&ed and )i& 7i%ne&&e&# a& 7ell a& %)e
%ran&cri'% o+ &%eno(ra')ic no%e& %aIen drin( %)e 'reliminar/
in$e&%i(a%ion# i+ an/# &Ami%%ed %o %)e cor% A/ %)e in$e&%i(a%in(
'ro&ec%or 'on %)e !lin( o+ %)e in+orma%ion.
. )eliance of prosecutorLs certifcation
&dula 0. (uiani
32= S2)& 1
'eruar! 11, 2666
<hird Di0ision% (on/aga.)e!es, 8.
'acts%
In a mrder ca&e# acc&ed !led a 'e%i%ion +or cer%iorari and
'ro)iAi%ion claimin( %)a% %)e 7arran% o+ arre&% i&&ed a(ain&% %)em
7a& nll and $oid Aeca&e %)e Ed(e Kdid no% 'er&onall/ eGamine
%)e e$idence nor did )e call %)e com'lainan% and %)e 7i%ne&&e& in
%)e +ace o+ %)eir incrediAle accon%&.L T)e Ed(e in )i& commen%&
&%a%ed %)a% )%ere 7a& Kno rea&on +or 4)im5 %o doA% %)e $alidi%/ +
%)e cer%i!ca%ion made A/ %)e a&&i&%an% 'ro&ec%or %)a% a
'reliminar/ in$e&%i(a%ion 7a& condc%ed and %)a% 'roAaAle ca&e
7a& +ond %o eGi&%a a& a(ain&% %)o&e c)ar(ed in %)e In+orma%ion
!led#L &o %)a% )e i&&ed %)e 7arran%.
Issue%
I& %)e 7arran% $alidJ
9eld%
No. T)e &%a%emen% i& an admi&&ion %)a% %)e Ed(e &elied
&olel/ and com'le%el/ on %)e cer%i!ca%ion made A/ %)e 'ro&ec%or
%)a% 'roAaAle ca&e eGi&%& a& a(ain&% %)o&e c)ar(ed in %)e
in+orma%ion# and i&&ed %)e c)allen(ed 7arran% o+ arre&%. T)e
con&%i%%ion command& %)e Ed(e %o 'er&onall/ de%ermine
'roAaAle ca&e in %)e i&&ance o+ 7arran%& o+ arre&%. To Ae &re i%
canno% Ae de%ermine Ae+ore )and )o7 cr&or/ or eG)a&%i$e %)e
eGamina%ion o+ %)e record& &)old Ae. T)e eG%en% de'end& on %)e
eGerci&e o+ &ond di&cre%ion a& %)e circm&%ance& o+ %)e ca&e
re;ire. <% )e canno% ado'% %)e Ed(men% o+ %)e 'ro&ec%or
re(ardin( %)e eGi&%ence o+ 'roAaAle ca&e a& )i& o7n 7i%)o%
aAdica%in( )i& d%/ nder %)e Con&%i%%ion.
c. )eliance ! "udge on clerB
<alingdan 0. Eduarte
3== S2)& 335
Actoer 3, 2661
Second Di0ision% 7ellosillo, 8.
'acts%
U'on %)e !lin( o+ a com'lain% +or liAel direc%l/ 7i%) T)e RTC#
%)e Ed(e i&&ed a 7arran% o+ arre&% o+ acc&ed. I% a''ear& %)a%
no 'reliminar/ in$e&%i(a%ion 7a& condc%ed# nor an in+orma%ion
're'ared# A/ %)e O?ce o+ %)e Pro&ec%or. A&Ied %o eG'lain )i&
ac%ion# %)e Ed(e &aid %)a% )e &i(ned %)e 7arran% %/'ed A/ )i&
Criminal DocIe% ClerI 7)o# nder %)e C)ecI Li&% +or Criminal
Ca&e& 7)ic) %)e Ed(e 're'ared +or )er# 7a& &''o&ed %o $eri+/
+rom %)e record& 7)e%)er an in+orma%ion )ad alread/ Aeen !led.
Issue%
S)old %)e Ed(e Ae )eld admini&%ra%i$el/ liaAleJ
9eld%
Ye&. I% i& %)e eGcl&i$e and 'er&onal re&'on&iAili%/ o+ %)e
Ed(e %o &a%i&+/ )im&el+ a& %o %)e eGi&%ence o+ %)e 'roAaAle ca&e
Ae+ore i&&in( an arre&% 7arran%. To %)i& end )e m&% 'er&onall/
e$ala%e %)e re'or% and %)e &''or%in( docmen%& &Ami%%ed A/
%)e 'ro&ec%or re(ardin( %)e eGi&%ence o+ 'roAaAle ca&e. A
Ed(e +ailed )i& Aonded d%/ i+ )e relie& merel/ on %)e
cer%i!ca%ion o+ %)e in$e&%i(a%in( o?cer a& %o %)e eGi&%ence o+
'roAaAle ca&e maIin( )im admini&%ra%i$el/ liaAle. 0ere# %)e
Ed(e i&&ed %)e &AEec% 7arran% o+ arre&% 7i%)o% e$en &c)
cer%i!ca%ion %o rel/ 'on# and 7or&e merel/ a% %)e in&%ance o+ %)e
clerI 7)o mec)anicall/ %/'ed %)e 7arran% +or )i& &i(na%re.
d. EGamina%ion o+ 7i%ne&&e&
WeAA $. De Leon
",= SCRA 8-"
A(&% "*# 1FF-
Second Di$i&ionM Pno# ..
,uestion%
In de%erminin( %)e 'roAaAle ca&e +or %)e i&&ance o+ %)e
7arran% o+ arre&%# m&% %)e Ed(e 'er&onall/ eGamine %)e
com'lainan% and )i& 7i%ne&&e&J
&nswer%
In &a%i&+/in( )im&el+ o+ %)e eGi&%ence o+ 'roAaAle ca&e +or
%)e i&&ance o+ a 7arran% o+ arre&%# %)e Ed(e i& no% re;ired %o
'er&onall/ eGamine %)e com'lainan% and )i& 7i%ne&&e&. Follo7in(
e&%aAli&)ed doc%rine and 'rocedre# )e &)allM 213 'er&onall/
e$ala%e %)e re'or% and %)e &''or%in( docmen%& &Ami%%ed A/
%)e !&cal re(ardin( %)e arre&%M or 2"3 i+ on %)e Aa&i& %)ereo+ )e
!nd& no 'roAaAle ca&e# )e ma/ di&re(ard %)e !&calP& re'or% and
re;ire %)e &Ami&&ion o+ &''or%in( a?da$i%& o+ 7i%ne&&e& %o aid
)im in arri$in( a% concl&ion& a& %o %)e eGi&%ence o+ 'roAaAle
ca&e. Sond 'olic/ dic%a%e& %)i& 'rocedre# o%)er7i&e Ed(e&
7old Ae ndl/ laden 7i%) %)e 'reliminar/ eGamina%ion and
in$e&%i(a%ion o+ criminal com'lain%& in&%ead o+ concen%ra%in( on
)ear%in( and decidin( ca&e& !led Ae+ore %)eir cor%&.
3. 9olding in ae!ance arrest
a. Pendenc! of rein0estigation
Pen 0. De 2astro
253 S2)& 1
8ul! 23, 1551
<hird Di0ision% Purisima, 8.
Issue%
Can an RTC Ed(e i&&e a 7arran% o+ arre&% a(ain&% an
acc&ed e$en Ae+ore %)e 'ro&ec%or can conclde %)e 'reliminar/
in$e&%i(a%ion or rein$e&%i(a%ion )e ordered %)e la%%er %o condc%J
9eld%
Ye&. Sec. *# Rle 11" o+ %)e Re$i&ed Rle& on Criminal
Procedre doe& no% re;ire %)a% 'reliminar/ in$e&%i(a%ion Ae !r&%
com'le%ed Ae+ore a 7arran% o+ arre&% ma/ i&&e. W)a% %)e rle
&im'l/ 'ro$ide& i& %)a% no com'lain% or in+orma%ion +or an oBen&e
co(ni6aAle A/ %)e RTC ma/ Ae !led 7i%)o% com'le%in( %)e
'reliminar/ in$e&%i(a%ion. <% no7)ere i& i% manda%ed %)a%
'reliminar/ in$e&%i(a%ion m&% Ae com'le%ed Ae+ore a 7arran% o+
arre&% ma/ i&&e. So al&o# %)ere i& no%)in( in Rle 11" 7)ic)
&((e&%& %)a% once a mo%ion +or 'reliminar/ in$e&%i(a%ion i&
(ran%ed# an eGi&%in( alia& 7arran% o+ arre&% Ae con&idered
a%oma%icall/ li+%ed or recalled.
. Pendenc! of motion to hold in ae!ance
<alag 0. )e!es
#36 S2)& #21
8une 3, 266#
'irst Di0ision% >nares.Santiago, 8.
'acts%
Acc&ed 7a& c)ar(ed 7i%) E&%a+a. 0e !led a mo%ion +or
recon&idera%ion 7i%) %)e Ci%/ Pro&ec%or and OmniA& 1o%ion
Ae+ore %)e %rial cor% %o 213 %o de+er i&&ance o+ 7arran% o+ arre&%
and:or %o recall %)e &ame i+ alread/ i&&ed9 and 2"3 %o remand
ca&e %o %)e O?ce o+ %)e Ci%/ Pro&ec%or 'endin( re$ie7 o+ %)e
mo%ion +or recon&idera%ion. 0e 7a& no% arre&%ed nor did )e
&rrender. De&'i%e %)e 'endenc/ o+ &aid mo%ion&# %)e cor% i&&ed
a 7arran% o+ arre&% a(ain&% )im and &e% %)e ca&e +or arrai(nmen%.
Issue%
Did %)e cor% commi% a (ra$e aA&e o+ a%)ori%/ in i&&in(
an arre&% 7arran% de&'i%e a 'endin( mo%ion %o )old in aAe/ance
%)e i&&ance o+ %)e &ameJ
9eld%
No. W)en acc&ed !led %)e omniA& mo%ion# %)e cor% )a&
no% /e% ac;ired Eri&dic%ion o$er )i& 'er&on. Wi%) %)e !lin( o+
In+orma%ion# %)e %rial cor% cold %)en i&&e a 7arran% +or %)e
arre&% o+ %)e acc&ed a& 'ro$ided +or A/ Sec. 8 o+ Rle 11" o+ %)e
Re$i&ed Rle& on Criminal Procedre. T)e i&&ance o+ %)e 7arran%
7a& no% onl/ 'rocedrall/ &ond A% i% 7a& e$en re;ired
con&iderin( %)a% %)e cor% )ad /e% %o ac;ire Eri&dic%ion o$er %)e
'er&on o+ acc&ed. Con&e;en%l/# %)e c)ar(e %)a% %)e .d(e +ailed
%o ac% on %)e omniA& mo%ion Ae+ore i&&in( %)e arre&% 7arran% i&
n%enaAle.
#. &rrest warrants against J8ohn DoesO
Pangandaman 0. 2asar
135 S2)& 355
&pril 1#, 1511
'irst Di0ision% -ar0asa, 8.
Issue%
1a/ a Ed(e i&&e a 7arran% o+ arre&%& a(ain&% 'er&on&
de&i(na%ed merel/ a& K.o)n Doe&LJ
9eld%
No. An arre&% 7arran% i&&ed a(ain&% -> K.o)n Doe&L no% one
o+ 7)om %)e 7i%ne&&e& %o %)e com'lain% cold or 7old iden%i+/# i&
o+ %)e na%re o+ a (eneral 7arran%# one o+ a cla&& o+ 7ri%& lon(
'ro&criAed a& ncon&%i%%ional and once ana%)ema%i6ed a& K%o%all/
&A$er&i$e o+ %)e liAer%/ o+ %)e &AEec%.L Clearl/ $iola%i$e o+ %)e
con&%i%%ional inEnc%ion %)a% 7arran%& o+ arre&% &)old 'ar%iclarl/
de&criAe %)e 'er&on or 'er&on& %o Ae &ei6ed# %)e 7arran% m&%# a&
re(ard& i%& niden%i!ed &AEec%&# Ae $oided.
3. &rrest warrant in e*tradition
(o0ernment 0. Purganan
315 S2)& =23
Septemer 2#, 2662
En 7anc% Panganian, 8.
'acts%
T)e Go$ernmen% o+ %)e Uni%ed S%a%e& o+ America# %)ro()
%)e De'ar%men% o+ .&%ice# !led 7i%) %)e RTC a 'e%i%ion +or %)e
eG%radi%ion o+ 1arI .imene6 7)o 7a& +acin( $ario& criminal
c)ar(e& in Florida. T)e Uni%ed S%a%e& (o$ernmen% 'ra/ed +or )i&
immedia%e arre&%# and %)e Ed(e &e% i% +or )earin(.
Issue%
In eG%radi%ion 'roceedin(&# i& %)e 'o%en%ial eG%radi%ee
en%i%led %o no%ice and K)earin(L Ae+ore a 7arran% +or )i& arre&% can
i&&eJ
9eld%
No. PD No. 1>8F# %)e EG%radi%ion La7 &e& %)e 7ord
Kimmedia%eL %o ;ali+/ %)e arre&% o+ acc&ed. Arre&% &A&e;en%
%o a )earin( can no lon(er Ae con&idered immedia%e. Immedia%el/
'on recei'% o+ %)e 'e%i%ion# %)e Ed(e &)all maIe a 'rima +acie
!ndin( 7)e%)er %)e 'e%i%ion i& &?cien% in +orm and &A&%ance#
7)e%)er i% com'lie& 7i%) %)e EG%radi%ion La7# and 7)e%)er %)e
'er&on &o()% i& eG%radi%aAle. I+ %)e Ed(e i& con$inced# )e i&&e&
a 7arran% +or %)e arre&% o+ %)e 'er&on and &mmon& )im %o
a''ear a% &c)edled )earin(&. E$en Sec. " o+ Ar%. III o+ %)e
Con&%i%%ion doe& no% re;ire a no%ice or a )earin( Ae+ore %)e
i&&ance o+ a 7arran% o+ arre&%. W)a% i% re;ire& i& +or %)e Ed(e %o
de%ermine 'roAaAle ca&e A/ eGamina%ion o+ com'lainan%& and
%)e 7i%ne&&e& %)e/ ma/ 'rodce. T)ere i& no re;iremen% %o
no%i+/ and )ear %)e acc&ed Ae+ore %)e i&&ance o+ 7arran%& o+
arre&%.
b) -y the Municipal 1rial 2ourt. Jhen reAuired pursuant to the
second paragraph of section 1 of this +ule, the preliminary
investigation of cases falling under the original jurisdiction of the
Metropolitan 1rial 2ourt, Municipal 1rial 2ourt in 2ities,
Municipal 1rial 2ourt, or Municipal 2ircuit 1rial 2ourt shall be
conducted by the prosecutor. 1he procedure for the issuance of a
warrant of arrest by the judge shall be governed by paragraph a)
of this section.
F: <oes the prosecutor have the power to issue warrant of arrestO
*: ?". Dis power is to conduct preliminary investigation and if there
is probable cause EileV
F: Jho will issue the warrantO
*: +12. 1he M12s no longer have the power to conduct a
preliminary investigation and issue a warrant of arrest in the course
thereof. 1he M12 can only issue a warrant of arrest in those cases which
reAuire a !reliminary investigation after the information is filed in court
and it finds probable cause.
c)Jhen warrant of arrest not necessary. * warrant of arrest
shall not issue if the accused is already under detention
pursuant to a warrant issued by the municipal trial court in
accordance with paragraph b) of this section, or if the
complaint or information was filed pursuant to section / of
this +ule or is for an offense penaliBed by fine only. 1he
court shall them proceed in the e@ercise of its original
jurisdiction. /a)
Jhat judge may do when 7nformation is filed in court:
1. hhe may immediately dismiss the case if the evidence on record
clearly fails to establish probable cause3 or
&. 7if he finds probable cause, he shall issue a warrant of arrest, or a
commitment order if the accused has already been arrested3 or
'. 7if he doubts the e@istence of probable cause, he may order the
prosecutor to present additional evidence within five $0( days
from notice. Sec. 0a)
F: Jhat are the instances when the court need not issue a warrant of
arrestO
*: Cnder Section 0 GcH, the following are the instances:
1. when the complaint or information is filed pursuant to Section /
of this rule. Section / the accused is arrested for committing a
crime in the presence of a peace officer, the fiscal will only
conduct an inAuest preliminary investigation and there is no
need to issue a warrant because the accused is also under
detention already. ?ormally, what the court there issues is a
commitment order, just to confirm the detention of the accused3
&. if the accused is charged for an offense penaliBed by fine only
li8e damage to property through rec8less imprudence. -ased on
the new rules, there is no need for a warrant, just an order to
appear is sufficient.Section 0c), +ule 11&3
'. 7n cases falling under the +evised +ule on Summary !rocedure
and the judge is satisfied that there is no necessity for placing
the accused under custody Sec. $ b)
#. 7n criminal cases falling under the +evised +ule on Summary
!rocedure e@cept when the accused failed to appear whenever
reAuired. Sec. 1/, ++S!)
0. Jhen the evidence on record fails clearly to establish probable
cause.
S52 /. Jhen accused lawfully arrested without warrant. Jhen a
person is lawfully arrested without a warrant involving an offense
which reAuires a preliminary investigation, the complaint or
information may be filed by a prosecutor without need of such
investigation provided an inAuest has been conducted in
accordance with e@isting rules. 7n the absence or unavailability of
an inAuest prosecutor, the complaint may be filed by the offended
party or a peace officer directly with the proper court on the basis
of the affidavit of the offended party or arresting officer or person.
-efore the complaint or information is filed, the person
arrested may as8 for a preliminary investigation in
accordance with this +ule, but he must sign a waiver of the
provision of *rticle 1&0 of the +evised !enal 2ode, as
amended, in the presence of his counsel. ?otwithstanding the
waiver, he may apply for bail and the investigation must be
terminated within fifteen 10) days from its inception.
*fter the filing of the complaint or information in court
without a preliminary investigation, the accused may, within
five 0) days from the time he learns of its filing, as8 for a
preliminary investigation with the same right to adduce
evidence in his defence as provided in this +ule. 4a3 sec. &,
+.*. ?o. 4#'.)
Section / is another important provision. 1his is called 7?FC5S1
!+5,7M7?*+I 7?;5S17%*17"?, related to +ule 11', Section 0 GaH
and GbH on warrantless arrest. Dere, there is no need for the regular
preliminary investigation because there is a deadline for the accused to
be detained without any charge, otherwise the peace officer will be
guilty of arbitrary detention delay in the delivery of a person in
custody. 1&, 1., '/ hours depending on the gravity of the crime
committed)
*pplication of the provision
1his rule applies only in cases where the accused was lawfully
arrested without warrant of arrest. Jhere the records do not show that
the accused was lawfully arrested, this rule does not apply. 1he accused
is entitled not to amere inAuest investigation but to a regular preliminary
investigation. <uring the pendency of such investigation, the accused
should be released from detent8ion subject only to his appearing at the
preliminary investigation. ,arranaga vs. 2*3 %o vs. 2*)
1he prosecutor will conduct an 7?FC5S1 preliminary investigation
based only on the affidavit of the complainant, the police maybe, and his
witnesses so that the court may issue a commitment order. Jith that, the
deadline has been met you have been delivered to the proper judicial
authorities.
Cnder <"> 2ircular ?o. /1, dated September &1, 1$$', the initial
duty of the inAuest officer is to determine if the arrest of the detained
person was made :in accordance with the provisions of paragraphs a)
and b) of Section 0, +ule 11'.9 7f the arrest was not properly effected,
the inAuest prosecutor should proceed under Section $ of 2ircular ?o.
/1 which provides:
:Jhen *rrest ?ot !roperly 5ffected Should the 7nAuest "fficer find
that the arrest was not made in accordance with the +ules, he shall:
a.)recommend the release of the person arrested or detained3
b)note down the disposition of the referral document3
c)forward the same, together with the record of the case, to the 2ity or
!rovincial !rosecutor for appropriate action.
Jhere the recommendation for the release of the detained person is
approved by the 2ity or !rtovincial !rosecutor but the evidence on hand
warrant the conduct of a regular preliminary investigation, the order of
release shall be served on the officer having custody of said detainee and
shall direct the said officer to serve upon the detainee the subpoena or
notice of preliminary investigation, together with the copies of the
charge sheet or complaint, affidavit or sworn statements of the
complainant and his witnesses and other supporting evidence. -eltran
vs. !eople, %+ 140(1', >une 1, &((4 and companion cases)
7nAuest defined
7nAuest is a proceeding in which a person lawfully arrested without
warrant is given an option to avail of his right to preliminary
investigation under conditions prescribed by the rules.
When &ccused Hawfull! &rrested Without a Warrant
1. When Sec. = is applicale%
1. W)en a 'er&on i& la7+ll/ arre&%ed 7i%)o% a 7arran%#
and
2. T)e arre&% in$ol$e& an oBen&e 7)ic) re;ire& PI
2. When a complaint and information ma! e fled
without need of the re?uired preliminar!
in0estigation%
W)en an IN@UEST )a& Aeen condc%ed in accordance
7i%) eGi&%in( rle&
3. In?uest in0estigation%
An in$e&%i(a%ion Aa&ed onl/ on %)e a?da$i% o+ %)e
oBended 'ar%/# %)e 'olice# and &ome 7i%ne&&e&.
#. Who shall fle the complaint or information against
said person lawfull! arrested without a warrant%
1. (eneral )ule T T)e 4in;e&%5 'ro&ec%or
2. E*ceptions T In %)e aA&ence or na$ailaAili%/ o+ %)e
in;e&% 'ro&ec%or#
%)e +ollo7in( ma/ !le %)e com'lain% direc%l/ 7i%) %)e 'ro'er
cor% on %)e
Aa&i& o+ %)e a?da$i% o+ %)e oBended 'ar%/ or arre&%in( o?cer
or 'er&onM
1. %)e oBended 'ar%/# or
2. a 'eace o?cer
E@ects when a person Hawfull! &rrested without a
Warrant asBs for Preliminar! In0estigation
1. 7E'A)E the complaint or information is fled%
1. )e m&% &i(n a 7ai$er o+ %)e 'ro$i&ion o+ Ar%. 1"- o+
%)e Re$i&ed Penal
Code# in %)e 're&ence o+ )i& con&el# A%
2. De&'i%e %)e 7ai$er# )e ma/ a''l/ +or Aail# and
3. T)e 'reliminar/ in$e&%i(a%ion m&% Ae %ermina%ed 7i%)in
1- da/& +rom i%&
Ince'%ion
2. &'<E) the complaint or information is fled%
1. )e ma/ a&I +or a PI 7i%)in - da/& 4nonCeG%endiAle5 a+%er
learnin( %)a% %)e com'lain% )a& Aeen !led# o%)er7i&e# )i&
ri()% %o PI i& deemed 7ai$ed# and
2. )e )a& %)e ri()% %o addce e$idence in )i& de+en&e drin(
%)e PI# A%
3. T)i& )a& %o Ae done Ae+ore )e i& arrai(ned a& %)e en%erin(
o+ a 'lea i&
deemed a 7ai$er o+ oneP& ri()% %o a PI
1. In?uest during holida!s
Soria 0. Desierto
#36 S2)& 335
8anuar! 31, 2663
Second Di0ision% 2hico.-a/ario, 8.
Issue%
W)en a 'er&on i& arre&%ed 7i%)o% a 7arran% on a
Snda/ or a )olida/# i& %)e 'ro&ec%or re;ired %o )old an
in;e&% and c)ar(e )im 7i%)in 1"# 1D or *8 )or& &o a& no%
render %)e arre&%in( o?cer liaAle +or dela/ in deli$er/ o+
de%ained 'er&on& nder Ar%. 1"- o+ %)e Re$i&ed Penal CodeJ
9eld%
No. In 1edina $. Oro6co# .r. 41D SCRA 118D# 11=>5# i%
7a& rledM
K<%# &%ocI &)old Ae %aIen o+ %)e +ac% %)a% No$emAer =
7a& a Snda/9 No$emAer D 7a& declared an o?cial )olida/9
and No$emAer F 2elec%ion da/3 7a& al&o an o?cial )olida/. In
%)e&e * noCo?ce da/&# i% 7a& no% an ea&/ ma%%er +or a !&cal
%o looI +or )i& clerI and &%eno(ra')er# dra+% %)e in+orma%ion
and &earc) +or %)e .d(e %o )a$e )im ac% %)ereon# and (e%
%)e clerI o+ cor% %o o'en %)e cor%)o&e# docIe% %)e ca&e
and )a$e %)e order o+ commi%men% 're'ared. And %)en#
7)ere %o loca%e and %)e ncer%ain%/ o+ loca%in( %)o&e o?cer&
and em'lo/ee& cold $er/ 7ell com'ond %)e !&calP&
di?cl%ie&. T)e&e are con&idera%ion& &?cien% eno() %o
de%er & +rom declarin( %)a% Ar%)r 1edina 7a& arAi%raril/
de%ained. For# )e 7a& Aro()% %o cor% on %)e $er/ !r&% o?ce
da/ +ollo7in( arre&%.L
2. Posting of ail efore case is fled
)ui/ 0. 7eldia
#31 S2)& #62
'eruar! 1=, 2663
'irst Di0ision% >nares.Santiago, 8.
Issue%
1a/ a de%ained 'er&on 7)o i& no% /e% +acin( an/ c)ar(e
in cor% Ae (ran%ed AailJ
9eld%
A 'er&on la7+ll/ arre&%ed and de%ained A% 7)o )a&
no% /e% Aeen +ormall/ c)ar(ed in cor%# can &eeI )i&
'ro$i&ional relea&e %)ro() %)e !lin( o+ an a''lica%ion +or
Aail. 0e need no% 7ai% +or a +ormal com'lain% or in+orma%ion
%o Ae !led &ince Aail i& a$ailaAle %o Kall 'er&on&L 7)ere %)e
oBen&e i& AailaAle. Sec. 8# Rle 11" o+ Rle& o+ Criminal
Procedre 'ro$ide& %)a% a Ed(e cold (ran% Aail %o a 'er&on
la7+ll/ arre&%ed A% 7i%)o% a 7arran%# 'on 7ai$er o+ )i&
ri()% nder Ar%. 1"- o+ %)e Re$i&ed Penal Code.
3. -ature of the f0e.da! period
People 0. 2&
2#2 S2)& =#3
4arch 23, 1553
<hird Di0ision% 'eliciano, 8.
Issue%
1a/ a mo%ion +or Krein$e&%i(a%ionL Ae !led Ae/ond %)e
-Cda/ 'eriod +rom %)e %ime acc&ed learn& o+ %)e !lin( o+ %)e
in+orma%ion a(ain&% )imJ
9eld%
T)e 'eriod +or !lin( a mo%ion +or 'reliminar/
in$e&%i(a%ion a+%er an in+orma%ion )a& Aeen !led a(ain&% an
acc&ed 7)o 7a& arre&%ed 7i%)o% a 7arran% )a& Aeen
c)arac%eri6ed a& manda%or/ A/ %)e Cor%. Sec. = o+ Rle 11"
o+ %)e Rle& o+ Cor% (i$e& %)e acc&ed %)e ri()% %o a&I +or a
'reliminar/ in$e&%i(a%ion A% i% doe& no% (i$e )im %)e ri()% %o
do &o a+%er %)e la'&e o+ %)e -Cda/ 'eriod. T)i& i& in accord
7i%) %)e in%en% o+ %)e Rle& o+ Criminal Procedre %o maIe
'reliminar/ in$e&%i(a%ion &im'le and &'eed/.
#. Where accused is illegall! arrested
a. Dut! of the prosecutor
(o 0. 2&
26= S2)& 131
'eruar! 11, 1552
En 7anc% 'eliciano, 8.
,uestion%
W)ere a 'er&on i& nla7+ll/ arre&%ed and %)e 'olice
!le& a com'lain% a(ain&% )im +or in;e&%# 7)a% &)old %)e
'ro&ec%or doJ
&nswer%
W)en %)e 'olice !le& a com'lain% 7)ic) i& no% 'ro'er
+or in;e&%# %)e 'ro&ec%or &)old immedia%el/ &c)edle a
'reliminar/ in$e&%i(a%ion %o de%ermine 7)e%)er %)ere i&
'roAaAle ca&e +or c)ar(in( %)e 'er&on in cor%. In &c) a
&i%a%ion# %)e 'er&on i& en%i%led %o a 'reliminar/ in$e&%i(a%ion
and %)a% ri()% &)old Ae accorded )im 7i%)o% an/
condi%ion&. 0e i& al&o en%i%led %o Ae relea&ed +or%)7i%)
&AEec% onl/ %o )i& a''earin( a% %)e 'reliminar/
in$e&%i(a%ion.
. Dut! of the "udge
San &gustin 0. People
#3: S2)& 352
&ugust 31, 266#
Second Di0ision% 2alle"o, Sr.
,uestion%
W)ere an acc&ed )a& Aeen ille(all/ arre&%ed A%
%)erea+%er %)e O?ce o+ %)e Pro&ec%or condc%ed an in;e&%#
in&%ead o+ a re(lar 'reliminar/ in$e&%i(a%ion# and an
in+orma%ion 7a& !led a(ain&% )im# 7)a% &)old %)e %rial cor%
doJ
&nswer%
T)e aA&ence o+ a 'reliminar/ in$e&%i(a%ion doe& no%
aBec% %)e Eri&dic%ion o+ %)e %rial cor% A% merel/ %)e
re(lari%/ o+ %)e 'roceedin(&. I% doe& no% im'air %)e $alidi%/
o+ %)e In+orma%ion or o%)er7i&e render i% de+ec%i$e. Nei%)er i&
i% a (rond %o ;a&) %)e in+orma%ion or nlli+/ %)e order o+
arre&% i&&ed a(ain&% )im or E&%i+/ %)e relea&e o+ %)e
acc&ed +rom de%en%ion. 0o7e$er# %)e %rial cor% &)old
&&'end 'roceedin(& and order a 'reliminar/ in$e&%i(a%ion
con&iderin( %)a% %)e in;e&% in$e&%i(a%ion condc%ed A/ %)e
S%a%e Pro&ec%or i& nll and $oid. T)e RTC commi%& a (ra$e
aA&e o+ i%& di&cre%ion amon%in( %o eGce&& or lacI o+
Eri&dic%ion i+ i% &im'l/ order& %)e Ci%/ Pro&ec%or %o condc%
a rein$e&%i(a%ion 7)ic) i& merel/ a re$ie7 A/ %)e 'ro&ec%or
o+ )i& record& and e$idence in&%ead o+ a 'reliminar/
in$e&%i(a%ion a& 'ro$ided +or in Sec. *# Rle 11" o+ %)e
Re$i&ed Rle& on Criminal Procedre.
3. E@ect of suse?uent issuance of warrant
People 0. Sanche/
22: S2)& =2:
-o0emer 1, 1553
En 7anc% 2ru/, 8.
,uestion%
W)ere a 'er&on i& nla7+ll/ arre&%ed 7i%)o% a
7arran%# or A/ $ir%e o+ an in$alid 7arran%# A% &A&e;en%l/
a $alid 7arran% i& i&&ed a(ain&% )im# can )e ;e&%ion %)e
$alidi%/ o+ )i& con%ined de%en%ionJ
&nswer%
No. T)e i&&e o+ )i& in$alid arre&% Aecome& moo% and
academic i+ %)e ne7 7arran% o+ arre&% com'lie& 7i%) %)e
re;iremen%& o+ %)e Con&%i%%ion and %)e Rle& o+ Cor%. I+
%)e !r&% 7arran% 7a& n;e&%ionaAl/ $oid# relea&e o+ %)e
acc&ed +or %)a% rea&on 7ill Ae a +%ile ac% a& i% 7ill Ae
+ollo7ed A/ )er immedia%e reCarre&% 'r&an% %o %)e ne7 and
$alid 7arran%# re%rnin( )er %o %)e &ame 'ri&on &)e 7ill E&%
)a$e le+%. T)i& Cor% 7ill no% 'ar%ici'a%e in &c) a
meanin(le&& c)arade.
<irect filing of complaint in court no inAuest) allowed
?ow, there is a new sentence inserted in Section / first paragraph
:7n the absence or unavailability of an inAuest prosecutor, the complaint
may be filed by the offended party or a peace officer directly with the
proper court.9 a very radical provision.
1he normal procedure is: for e@ample, the offended party or the peace
officer will file the complaint before the prosecutor for the conduct of an
inAuest preliminary investigation. *nd then the fiscal will now file the
information in court letLs say in the +12.
F: Dowever, suppose there is no inAuest prosecutorO "r there is an
inAuest prosecutor but he is not available, what will happen now to the
caseO
*: 1he new provision says, :the complaint may be filed by the
offended party or a peace officer directly with the proper court9 so that
the accused will be delivered.
Jhy is this a very radical changeO
1here is no problem with the M12 because you can file directly in
the M12. -ut as a matter of practice, you cannot file a complaint
directly with the +12. 5verything here is done by information. 1he +12
does not entertain complaints filed by the police or the offended party.
-ut now, it is allowed under this situation : 1) the accused is
arrested without a warrant and &) there is the absence or unavailability
of an inAuest prosecutor.
?ow, whether this is the one or the other, you cannot deny the fact
that the accused is entitled to a preliminary investigation. Iou cannot
deprive him of this right. Jhen there is a case filed in court without
preliminary investigation, he can as8 for a preliminary investigation in
accordance with this rule but after the case is filed. "rdinarily a
!reliminary investigation is conducted before the filing of the case in
court.
7nstead of inAuest the accused can as8 for a preliminary investigation=
<uring preliminary investigation, if there is no probable cause, the
complaint will be dismissed or the prosecutor will move to dismiss the
case. -ut if you insist on that right to preliminary investigation before
filing, the accused does not li8e the inAuest and wants the regular
preliminary investigation, then he must sign a J*7;5+ in the presence
of his counsel waiver of his right under *rticle 1&0, +!2. Dere, while
the preliminary investigation is still going on, you remain under
detention. 1he second paragraph applies if he insists on the right to a
regular or ordinary preliminary investigation.
<espite the waiver, the arrested person may apply for bail and the
investigation must be terminated within 10 days.
Dow to as8 for !reliminary 7nvestigation after inAuest and filing of
case in court=
?ow, if there is no insistence on the regular !7., the case will be filed
after the inAuest. *fter it was filed, he can still as8 for preliminary
investigation within 0 days from the time he learns of the filing of the
case otherwise he is considered to have waived his right. 7n essence, the
preliminary investigation in this paragraph is a reinvestigation since the
filing of the case must be preceded by an e@amination by the filing
prosecutor, albeit e@ parte, of the police report, sworn statements of the
complainant and his witnesses, and other evidence.
?ote that the S2 had ruled that the period of 0 days is ?"?=
5P15?<7-,5 that is absolute. !5"!,5 vs. 2*, &#& S2+* /#0).
1he five=day period is absolute. *fter 0 days, you have no more right to
as8 for a preliminary investigation.
.S52. 4. +ecords. a) +ecords supporting the information or
complaint. *n information or complaint filed in court shall be
supported by the affidavits and counter=affidavits of the parties and their
witnesses, together with the other supporting evidence and the resolution
on the case.
b) +ecord of preliminary investigation. 1he record of the preliminary
investigation, conducted by a prosecutor or other officers as may be
authoriBed by law shall not form part of the record of the case. Dowever,
the court, on its own initiative or on motion of any party, may order the
production of the record or any of its part when necessary in the
resolution of the case or any incident therein, or when it is to be
introduced as an evidence in the case by the reAuesting party.
)ecords
1. )ecords supporting the information or complaint fled in
court shall e supported !%
1. %)e a?da$i%& and con%erCa?da$i%& o+ %)e 'ar%ie& and
%)eir 7i%ne&&e&#
2. &''or%in( e$idence# and
3. %)e re&ol%ion on %)e ca&e
2. )ecord of the PI conducted ! a prosecutor or other
o$cers as ma! e authori/ed ! law%
1. &)all no% +orm 'ar% o+ %)e record o+ %)e ca&e
2. )o7e$er# %)e cor%# on i%& o7n ini%ia%i$e or on mo%ion o+
an/ 'ar%/# ma/
order %)e 'rodc%ion o+ %)e record or an/ o+ i%& 'ar% 7)enM
1. nece&&ar/ in %)e re&ol%ion o+ %)e ca&e or an/
inciden% %)erein# or
2. i% i& %o Ae in%rodced a& an e$idence in %)e ca&e A/
%)e re;e&%in(
'ar%/
1. Purpose of re?uirement
ABae 0. (utierre/
#25 S2)& =13
4a! 2:, 266#
Second Di0ision% 2alle"o, Sr., 8.
,uestion%
W)a% i& %)e 'r'o&e o+ %)e re;iremen% nder Sec. D 2a3#
Rle 11"# Re$i&ed Rle& on Criminal Procedre %)a% an in+orma%ion
or com'lain% !led in cor% &)all Ae &''or%ed A/ a?da$i%& and
con%erCa?da$i%& o+ %)e 'ar%ie& and %)eir 7i%ne&&e&# %o(e%)er 7i%)
%)e o%)er &''or%in( e$idence o+ %)e re&ol%ion.
&nswer%
I% i& in%ended %o allo7 %)e Ed(e %o 'er&onall/ de%ermine %)e
eGi&%ence or nonCeGi&%ence o+ %)e 'roAaAle ca&e +or i&&in( a
7arran% o+ arre&% a(ain&% %)e acc&ed. 0o7e$er# i+ %)e Ed(e !nd&
%)e record& and:or e$idence &Ami%%ed A/ %)e in$e&%i(a%in(
'ro&ec%or %o Ae in&?cien%# )e ma/ order %)e di&mi&&al o+ %)e
ca&e# or direc% %)e in$e&%i(a%in( 'ro&ec%or ei%)er %o &Ami% more
e$idence# %o enaAle )im %o di&c)ar(e )i& d%/. T)e Ed(e ma/
e$en call %)e com'lainan% and )i& 7i%ne&& %o %)em&el$e& an&7er
%)e cor%P& 'roAin( ;e&%ion& %o de%ermine %)e eGi&%ence o+
'roAaAle ca&e.
2. )ecord as e0idence during trial
People 0. )ondina
1#5 S2)& 121
&pril 1, 151:
'irst Di0ision% 2ru/, 8.
Issue%
W)ere an oBen&e can onl/ Ae 'ro&ec%ed 'on com'lain% o+
%)e oBended 'ar%/# i& i% nece&&ar/ %o marI and in%rodce drin(
%)e %rial %)e 7ri%%en com'lain% in e$idence a& %)e Aa&i& o+ %)e
in+orma%ion !led A/ %)e 'ro&ec%orJ
9eld%
No. Under %)e rle 're$ailin( a% %)e %ime %)i& ca&e 7a&
commenced and %ried# %)e com'lain% 7a& con&idered 'ar% o+ %)e
record o+ %)e 'reliminar/ in$e&%i(a%ion and )ad %o Ae %ran&mi%%ed
%o %)e %rial cor% 'on %)e !lin( o+ %)e corre&'ondin( c)ar(e. Sc)
com'lain% 7a& in +ac% %ran&mi%%ed a& re;ired and cold %)ere+ore
Ae Ediciall/ no%iced A/ %)e %rial Ed(e 7i%)o% %)e nece&&i%/ o+ i%&
+ormal in%rodc%ion a& e$idence o+ %)e 'ro&ec%ion.
3. )ecords of pre0ious dismissal
Santos 0. People
353 S2)& 36:
8anuar! 26, 2663
<hird Di0ision% Puno, 8.
'acts%
T)e 1TC Ed(e 7)o condc%ed %)e 'reliminar/ in$e&%i(a%ion
+or %)e crime o+ a%%em'%ed ra'e di&mi&&ed %)e com'lain% and )e
7a& a?rmed A/ %)e Pro$incial Pro&ec%or. T)e Secre%ar/ o+
.&%ice# )o7e$er# re$er&ed Ao%) o+ %)em &o %)a% %rial 'roceeded.
Issue%
S)old %)e 're$io& di&mi&&al o+ %)e ca&e en%i%le %)e acc&ed
%o an ac;i%%alJ
9eld%
T)e 're$io& di&mi&&al o+ %)e ca&e drin( i%& 'reliminar/
in$e&%i(a%ion &%a(e Ae+ore %)e Pro$incial Pro&ec%or i& imma%erial.
Under Sec. D# Rle 11" o+ %)e Rle& on Criminal Procedre# %)e
record o+ %)e 'reliminar/ in$e&%i(a%ion doe& no% +orm 'ar% o+ %)e
RTC record& nle&& in%rodced a& e$idence drin( %)e %rial. AA&en%
&c) in%rodc%ion# %)e record& o+ 'reliminar/ in$e&%i(a%ion canno%
Ae %rea%ed a& e$idence in cor%9 nei%)er ma/ %)e %rial cor% Ae
com'elled %o %aIe Edicial no%ice o+ %)e &ame. A care+l re$ie7 o+
%)e record& o+ %)i& ca&e# )o7e$er# 7ill &)o7 %)a% %)e acc&ed
're&en%ed# and +ormall/ oBered a& e$idence# %)e record& o+ %)e
'reliminar/ in$e&%i(a%ion. None%)ele&&# %)e&e record& 7ill
eGcl'a%e %)e acc&ed. T)e di&mi&&al o+ %)e ca&e A/ %)e
in$e&%i(a%in( 1TC Ed(e and A/ %)e 'ro$incial 'ro&ec%or 7a&
Aa&ed on %)e re'or% in %)e Aaran(a/ Alo%%er 7)ic) are )i()l/
nreliaAle and nde&er$in( o+ an/ 'roAa%i$e $ale. For (ood
rea&on&# %)e di&mi&&al o+ %)e ca&e 7a& re$er&ed A/ %)e Secre%ar/
o+ .&%ice.
Section 4 is just a reiteration of a doctrine that when the fiscal files an
information, he should bac8 up his certification of probable cause with
appropriate records. *n information with mere certification is not
enough. ,im, Sr. vs. Eeli@, supra)
<ocuments supporting an information or complaint.
*n information or complaint filed in court shall be supported by the
affidavits and counter=affidavits of the parties and their witnesses,
together with the other supporting evidence and the resolution on the
case. par. *)
+ecord of preliminary investigation
1he record of the preliminary investigation, shall not form part of the
record of the case. par. -). 7n a case, it was held that although the
complaint, affidavit, or certified transcription copy of a certificate of live
birth formed part of the record of the preliminary investigation it does
not justify its being treated as evidence because the record of the
preliminary investigation does not form part of the record of the case in
the court. Such record must be introduced as evidence during trial, and
the trial court is not compelled to ta8e judicial notice of the same
!eople vs. 2rispin, '&4 S2+* 1/4, 14. G&(((H3 !eople vs. <e %uBman,
&.. S2+* '#/, '0/ G1$$.H) ?ot having been formally offered nor
mar8ed as an e@hibit, it cannot be considered as evidence nor be given
evidentiary value. !eople vs. %alas, '0# S2+* 4&&, 4'0 G&((1H)
S52. .. 2ases not reAuiring a preliminary investigation
nor covered by the +ule on Summary !rocedure. a) 7f filed
with the prosecutor. 7f the complaint is filed directly with
the prosecutor involving an offense punishable by
imprisonment of less than four #) years, two &) months and
one 1) day, the procedure outlined in section 'a) of this
+ule shall be observed. 1he prosecutor shall act on the
complaint based on the affidavits and other supporting
documents submitted by the complainant within ten 1() days
from its filing.
b) 7f filed with the Municipal 1rial 2ourt 7f the
complaint or information is filed with the Municipal 1rial
2ourt or Municipal 2ircuit 1rial 2ourt for an offense covered
by this section, the procedure in section ' a) of this +ule
shall be observed. 7f within ten 1() days after the filing of
the complaint or information, the judge finds no probable
cause after personally evaluating the evidence, or after
personally e@amining in writing and under oath the
complainant and his witnesses in the form of searching
Auestions and answers, he shall dismiss the same. De may,
however, reAuire the submission of additional evidence,
within ten 1() days from notice, to determine further the
e@istence of probable cause. 7f the judge still finds no
probable cause despite the additional evidence, he shall,
within ten 1() days from its submission or e@piration of said
period, dismiss the case. Jhen he 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.
Dowever, 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. $a)
2ases not re?uiring a PI nor co0ered ! the )ule on
Summar! Procedure
1. 2ases co0ered ! this section + ca&e& 7)ere %)e im'o&aAle
'enal%/ i& aM
1. maGimm o+ , /ear& and " mon%)&# and
2. minimm o+ 8 mon%)& and 1 da/
Sec. . 2ases not reAuiring a preliminary investigation nor covered by
the +ule on Summary !rocedure. "bviously, Section . tal8s only of
cases a) cogniBable only by M123 b) the penalty does not e@ceed #
years & months because even if it is # years & months 1 day up to /
years), c) it should not be covered by the +ules of Summary !rocedure.
1he coverage of summary procedure is up to / months penalty.
2. <wo P2Q wa!s of instituting a criminal case under Sec. 1%
1. File %)e com'lain% 7i%) %)e 'ro&ec%or 7)ile oA&er$in( %)e
'rocedre
o%lined in Sec. *
2. File %)e com'lain% or in+orma%ion 7i%) %)e 1TC
F: ?ow, going bac8 to +ule 11(. 7n cases cogniBable by the M12, how
is it institutedO
*: Section 1, +ule 11(:
S5217"? 1. 7nstitution of criminal actions. 2riminal actions
shall be instituted as follows:
a) Eor offenses where a preliminary investigation is
reAuired pursuant to section 1 of +ule 11&, by filing the
complaint with the proper officer for the purpose of
conducting the reAuisite preliminary investigation.
b) Eor all other offenses, by filing the complaint or
information directly with the Municipal 1rial 2ourts and
Municipal 2ircuit 1rial 2ourts, or the complaint with the
office of the prosecutor. 7n Manila and other chartered cities,
the complaints shall be filed with the office of the prosecutor
unless otherwise provided in their charters.@ @ @ @ @
So there are two &) ways: a) direct filing or b) you file with the
prosecutor and the provincial prosecutor will file the information.
,etLs relate this to Section .. 7f it is filed with the prosecutor, the
procedure in Section 'GaH of this rule shall be observed. 1here is no need
for preliminary investigation. 1he prosecutor will simply find out based
on the affidavit of the complainant and his witnesses whether or not
there is probable cause. ?" more subpoena and counter=affidavit. "nly
Section 'GaH should be followed. 1here is no mention of GbH, GcH or GdH.
S52. '. !rocedure. 1he preliminary investigation shall
be conducted in the following manner:
a) 1he complaint shall state the address of the respondent
and shall be accompanied by the affidavits of the
complainant and his witnesses, as well as other supporting
documents to establish probable cause. 1hey shall be in such
number of copies as there are respondents, plus two &)
copies for the official file. 1he affidavits shall be subscribed
and sworn to before any prosecutor or government official
authoriBed to administer oath, or, in their absence or
unavailability, before a notary public, each of whom must
certify that he personally e@amined the affiants and that he is
satisfied that they voluntarily e@ecuted and understood their
affidavits.
Procedure when 2omplaint is fled directl! with Prosecutor
1. T)e com'lain% m&%M
1. &%a%e %)e addre&& o+ %)e re&'onden%# and
2. Ae accom'anied A/M
1. a?da$i%& 4&A&criAed# &7orn %o and cer%i!ed5 o+ %)e
com'lainan%
and )i& 7i%ne&&e&# and
2. o%)er &''or%in( docmen%& %o e&%aAli&) 'roAaAle
ca&e9
2. T)e 'ro&ec%or &)all ac% on %)e com'lain% Aa&ed on %)e
a?da$i%& and o%)er &''or%in( docmen%& &Ami%%ed A/ %)e
com'lainan% 7i%)in 1> da/& +rom i%& !lin(.
3. T)e re&'onden% i& no% allo7ed %o !le con%erCa?da$i%&
Procedure when 2omplaint or Information is fled with the
4<2
1. <he complaint must%
1. &%a%e %)e addre&& o+ %)e re&'onden%# and
2. Ae accom'anied A/M
1. a?da$i%& 4&A&criAed# &7orn %o and cer%i!ed5 o+ %)e
com'lainan%
and )i& 7i%ne&&e&# and
2. o%)er &''or%in( docmen%& %o e&%aAli&) 'roAaAle
ca&e9
2. If the "udge fnds -A proale cause
1. 0e &)all di&mi&& %)e com'lain%M
1. Wi%)in 1> da/& a+%er %)e !lin( o+ %)e com'lain% or
in+orma%ion#
2. A+%er 'er&onall/M
1. e$ala%in( %)e e$idence# or
2. eGaminin( in 7ri%in( and nder oa%) %)e
com'lainan% and
)i& 7i%ne&&e& in %)e +orm o+ &earc)in( ;e&%ion&
and an&7er&9
or
2. 0e ma/ re;ire %)e &Ami&&ion o+ addi%ional e$idenceM
7i%)in 1> da/& +rom no%ice# %o de%ermine +r%)er %)e
eGi&%ence o+
'roAaAle ca&e.
3. I+ %)e Ed(e &%ill !nd& no 'roAaAle ca&e de&'i%e %)e
addi%ional e$idence#
1. 0e &)all di&mi&& %)e ca&e#
2. Wi%)in 1> da/& +romM
1. &Ami&&ion o+ addi%ional e$idence# or
". eG'ira%ion o+ %)e 'eriod %o &Ami% %)e addi%ional
e$idence
3. If the "udge fnds proale cause%
1. 0e &)allM
1. i&&e a 7arran% o+ arre&%# or commi%men% order i+ %)e
acc&ed )ad
alread/ Aeen arre&%ed# and
". )old %)e acc&ed +or %rial

2. 0e ma/ i&&e &mmon& in&%ead o+ a 7arran% o+ arre&%M
i+ %)e Ed(e i& &a%i&!ed %)a% %)ere i& no nece&&i%/ +or
'lacin( %)e
acc&ed nder c&%od/
Section .GbH. Jhat happens if it is filed in the M12 directlyO
Jhen a complaint or information involving a Ndirect filing caseL is
filed with the Municipal 1rial 2ourt either by the offended party, peace
officer, or prosecutor, the trial judge may ta8e any of the following
actions, viB:
a)7f filed by the offended party or peace officer, he shall follow the
procedure outlined in Section 'a) of +ule 11&. Jithin ten 1() days
after the filing of the complaint or information, he may dismiss the
complaint if he finds no probable cause after personally e@amining in
writing and under oath the complainant and his witnesses in the form of
searching Auestions and answers3
b)7f filed by the prosecutor, he may dismiss the case within ten 1()
days from the filing of the complaint or information if he finds no
probable cause after personally evaluating the evidence3
c)De may reAuire the offended party or the prosecutor, as the case
may be, to submit additional evidence within ten 1() days to determine
further the e@istence of probable cause, and thereafter dismiss the same
within ten 1() days from submission thereof if he still finds no probable
cause3 or
d)7f he finds probable cause, and the accused person is not under
custody of the law, he shall issue a warrant of arrest, or if the accused is
under custody, issue a commitment order. ;ictorias Milling 2o. 7nc. vs.
!adilla %+ 10/$/&, "ctober /, &((.)
*gain, the judge will observe the same procedure in Section 'GaH of
this rule. 7f the judge finds no probable cause after personally evaluating
the evidence, or after personally e@amining in writing and under oath the
complainant and his witnesses in the form of searching Auestions and
answers, he shall dismiss the same. So he has the power to dismiss the
case. Jhy continue if there is no probable causeO
1he ne@t sentence is new: :De may, however, reAuire the submission
of additional evidence, within ten 1() days from notice, to determine
further the e@istence of probable cause.9 7f the judge still finds no
probable cause despite the additional evidence, he shall, within ten 1()
days from its submission or e@piration of said period, dismiss the case.
Jhen he 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. G1he ne@t sentence is new again:H Dowever, 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.9
So it is not really necessary that every time a case is filed in the M12
with a penalty not more than # years and & months, and there is probable
cause that a warrant of arrest be issued.
De may instead issue summons. Summons here is not really the same in
the +ules of 2ourt. 7t is just a notice that he is reAuired to appear. *nd
that is a new provision.
Ca&e&M
1. Penalt! of prision correccional medium or less
Sesreno 0. &glugu
#32 S2)& 3=3
'eruar! 21, 2663
Second Di0ision% <inga, 8.
,uestion%
W)a% 'rocedre &)old Ae +ollo7ed in a com'lain% +or
$iola%ion o+ Ar%. 1== 4U&r'a%ion o+ A%)ori%/5 o+ %)e Re$i&ed Penal
Code# 7)ere %)e 'enal%/ 're&criAed A/ la7 i& prision correccional
in i%& minimm and medim 'eriod& or +rom 8 mon%)& and 1 da/
%o , /ear& and " mon%)&J
&nswer%
T)e 'rocedre laid do7n in Sec. *2a3# Rle 11" o+ %)e Rle&
&)all Ae oA&er$ed. I+ %)e Ed(e !nd& no &?cien% (rond %o )old
%)e re&'onden% +or %rial# )e &)all di&mi&& %)e com'lain% or
in+orma%ion. O%)er7i&e# )e &)all i&&e a 7arran% o+ arre&%# or a
commi%men% order i+ %)e acc&ed )ad alread/ Aeen arre&%ed# and
)old %)e la%%er +or %rial. 0o7e$er# %)e Ed(e i& (i$en %)e di&cre%ion
%o merel/ i&&e &mmon& in&%ead o+ a 7arran% o+ arre&% i+ )e doe&
no% !nd i% nece&&ar/ %o 'lace %)e acc&ed nder c&%od/. W)e%)er
i% i& nece&&ar/ %o 'lace %)e acc&ed in c&%od/ in order no% %o
+r&%ra%e %)e end& o+ E&%ice i& le+% %o %)e Ed(eP& &ond Ed(men%.
2. Downgrading of complaint
Dillanue0a 0. &lma/an
321 S2)& 236
4arch 1=, 2666
<hird Di0ision% Purisima, 8.
Issue%
1a/ an 1TC Ed(e condc% a 'reliminar/ in$e&%i(a%ion in a
com'lain% +or (ra$e oral de+ama%ion and do7n(rade i% %o &im'le
&landerJ
9eld%
No. T)e ori(inal c)ar(e +or (ra$e oral de+ama%ion i&
'ni&)aAle A/ arresto ma"or in i%& maGimm 'eriod %o prision
correccional in i%& minimm 'eriod# 7)ile &im'le &lander i&
'ni&)aAle A/ arresto menor or a !ne no% eGceedin( P">>. T)&#
%)e ori(inal c)ar(e& 7ere co(ni6aAle A/ %)e 1TC and did no%
re;ire a 'reliminar/ in$e&%i(a%ion. T)e 'ro'er ac%ion %)e Ed(e
cold )a$e %aIen nder %)e 'remi&e& 7a& %o di&mi&& %)e
com'lain% i+ +ond %o Ae 7i%)o% an/ Aa&i& +or +r%)er 'roceedin(&
or i+ 7arran%ed# %o i&&e a 7arran% o+ arre&% +or %)e re&'onden%#
and a+%er arre&%# %o )old )im +or %rial. Con&e;en%l/# %)e Ed(e 7a&
de$oid o+ Eri&dic%ion or a%)ori%/ %o redce %)e c)ar(e %o &im'le
&lander.

!5"!,5 vs. ?*;*++"
&4( S2+* '$', March &0, 1$$4
?"15: 1his case signifies that once the case reached the court, the
court has the absolute power. *nything that you li8e to happen in the
case li8e reinvestigation or absence of preliminary investigation, the
judge will be the one to approve.
E*21S: 1he +12 judge felt that the case should be
reinvestigated, or maybe there is no preliminary investigation.
So he orders the fiscal to conduct preliminary investigation,
then submit the result to him afterwards what happened. -ut his
order states: :1he preliminary investigation should be
conducted by this particular prosecutor provincial assistant
prosecutor P.9
7SSC5: 7n remanding the complaint or information to the
provincial prosecutor, may a regional trial court judge name or
designate a particular assistant prosecutor to conduct the
preliminary investigation of the caseO
D5,<: ?". 1he +12 judge is already interfering with the
office of the prosecutor. :7t must be stressed that preliminary
investigation is an e@ecutive, not a judicial, function. 1hat an
+12 judge has no authority to conduct a preliminary
investigation necessarily means that he cannot directly order an
assistant prosecutor, particularly over the objections of the
latterXs superiors, to conduct a preliminary investigation. 1o
allow him to do so is to authoriBe him to meddle in the
e@ecutive and administrative functions of the provincial or city
prosecutor.9
F: 2an a preliminary investigation be stopped by as8ing the court to
grant a preliminary injunction or a restraining orderO 2an a criminal
prosecution be enjoined or restrainedO
*: ?", as a %5?5+*, +C,5. 7f you believe that you are not guilty,
then you prove that in court. *nyway if you are not guilty, you will be
acAuitted.
Dowever, the S2 came out with 5P25!17"?S cited in the case of
-+"26* vs. 5?+7,5
1$& S2+* .'
D5,<: 7ndeed, the general rule is that criminal prosecution
may not be restrained or stayed by injunction, preliminary or
final. 1here are however e@ceptions, among which are:
a. 1o afford adeAuate protection to the constitutional rights of
the accused3
b. Jhen necessary for the orderly administration of justice or
to avoid oppression or multiplicity of actions3
c. Jhen there is a pre=judicial Auestion which is sub judice3
d. Jhen the acts of the officer are without or in e@cess of
authority3
e. Jhere the prosecution is under an invalid law, ordinance
or regulation3
f. Jhen double jeopardy is clearly apparent3
g. Jhere the court has no jurisdiction over the offense3
h. Jhere it is a case of persecution rather than prosecution3
i. Jhere the charges are manifestly false and motivated by
the lust for vengeance3 and
j. Jhen there is clearly no prima facie case against the
accused and a motion to Auash on that ground has been
denied.
1here are some interesting cases where the S2 intervened.
7n the case of *,,*<" ;S. <7"6?" &'& S2+* 1$&) two &)
lawyers: *tty. <iosdado >ose *llado and *tty. +oberto MendoBa who
were associates in the office of senator >ovito Salonga were implicated
in the murder of a %erman national. 1here was an investigation and a
case was filed against them. Salonga entered into picture and Auestioned
whether or not there is probable cause. G?ormally, it is not allowed
because it falls under the discretion of the prosecutor.
-ut surprisingly, the S2 reviewed and said that there was no probable
cause which justified the issuance of order of arrest of the & lawyers. 1he
S2 ordered that the warrant of arrest be set aside and the trial court is
permanently enjoined from further proceeding against them. 7n effect,
the respondent judge was ordered to dismiss the information before him.
*leado vs. <io8no, supra)
7t is a very rare situation.
+52*!
Jhen is a preliminary investigation reAuiredO
&
Jhen the imposable penalty for an offense is at least # years, & months
and 1 day, without regard to the fine.
* !7 is conducted by a prosecutor for the purpose of determining
whether there is probable cause. 1o do this, the prosecutor reAuires the
respondent to submit a counter=affidavit, after which he issues a
resolution based on the complaint and counter=affidavit. "nce a
complaint or information is filed in court, the judge conducts a
preliminary e@amination by personally e@amining the resolution of the
prosecutor and the supporting documents and evidence. 7f the judge
finds probable cause, he)she issues the warrant of arrest.
!robable cause is the e@istence of facts and circumstances that would
lead an average person to believe that a crime has been committed and
the person to be arrested committed it.
*side from prosecutors, who else can conduct !7O
:"ther officers as may be authoriBed by law9. sec. &GcH +ule 11& as
amended by *.M. ?o. (0=.=&/=S2)
5@amples of :other officers9:
"mbudsman and 2omelec
!ursuant to such amendment, first level court judges are no longer
authoriBed.
Jhat happens if the suspect is arrested without a warrant and his offense
reAuires a !7O
1he complaint or information may be filed by the prosecutor without
need of such investigation provided an inAuest has been conducted in
accordance with e@isting rules.
Jhat happens if there is no inAuest prosecutorO
'
7n the absence or unavailability of an inAuest prosecutor, the complaint
may be filed by the offended party or by a peace officer directly with the
proper court on the basis of the affidavit of the offended party or
arresting officer or person.
Jhat is the remedy of the suspect if he wants a preliminary investigation
conductedO
-efore the complaint or information is filed, the person arrested may as8
for a preliminary investigation in accordance with this +ule, but he must
sign a waiver of the provisions of *rticle 1&0 of the +evised !enal 2ode,
as amended, in the presence of his counsel. ?otwithstanding the waiver,
he may apply for bail and the investigation must be terminated within
fifteen 10) days from its inception.
*fter the filing of the complaint or information in court without a
preliminary investigation, the accused may within five days from the
time he learns of its filing, as8 for a preliminary investigation with the
same right to adduce evidence in his defense as provided in this +ule.
+ule 11&, sec. /, as amended by *.M. ?o. (0=.=&/ S2)
Jhat offenses do not reAuire a !7O
1hose that have a prescribed penalty of less than # years, & months and 1
day, without regard to the fine, but are not covered by the rules on
summary procedure.
Jhat does :not covered by the rules on summary procedure9 refer toO
:?ot covered by the rules on summary procedure9 refers to offenses
where the imposable penalty e@ceeds / months but does not e@ceed #
years and & months.
?ote then that there are cases, falling under the jurisdiction of the first
level courts, which reAuire a !7 and those which do not.
#
Jhat is the procedure if no !7 is reAuiredO
7f the case is filed with the prosecutor
1he prosecutor ma8es a resolution based on the complaint, the
supporting affidavits and other documents. ?o counter=affidavits are
needed from the respondents. *fter an information is filed in court the
judge conducts a preliminary e@amination to determine probable cause,
and if he finds that there is, he)she issues the warrant.
7f the complaint is filed directly with the first level court, the judge then
conducts a preliminary e@amination to determine probable cause for the
issuance of a warrant of arrest or a commitment order, if the accused had
already been arrestedL or issue summons instead.
Jhat about offenses falling under the +ules on Summary !rocedureO
1hese +ules cover violations of municipal ordinances and other criminal
cases where the prescribed penalty does not e@ceed / months. ?o
warrant of arrest is issued for this type of offense. 1he judge issues a
warrant only when the accused fails to appear whenever reAuired by the
court. +evised +ules on Summary !rocedure, Sec. 1/) *n e@ample
would be a violation of an ordinance regulating compressor fishing.
7n sum, whether a !7 is reAuired or not, only a judge can issue a warrant
of arrest after an information is filed in court.
,. -URISDICTION AND *ENUE IN CRIMINAL CASES
-efore the complaint or information is filed, two vital issues must be
considered, namely:
1. Jhich court has the authority to try and decide the case charged or
jurisdiction3 and
". 7n what place whould the case be filed or venue.
,*J "? >C+7S<7217"? 7? 2+7M7?*, 2*S5S
>urisdiction with reference to criminal cases defined =
>urisdiction in criminal cases has been defined as the power and
authority of a court to ta8e cogniBance of an offense and to pronounce
the judgement or sentence provided by law after a trial in the manner
prescribed. *lbert, ,aw on 2riminal !rocedure, p. 0/)
1he general rule is that the jurisdiction of a court is determined by: 1)
the geographical limits of the territory over shich it presides, and &) the
actions civil and criminal), it is empowered to hear and decide. CS vs.
>ueves, &' !hil. 1(()
1he elements of jurisdiction in criminal cases are:
a.)1he nature of the offense and)or penalty attached thereto3 and
b.)1he fact that the offense has been committed within the territorial
jurisdiction of the court.
+eAuisites for a ;alid 5@ercise of 2riminal >urisdiction are:
1. 1erritorial jurisdict
&. >urisdiction over the subject matter3 and
'. >urisdiction over the person of the accused.
Eirst 5lement: 15++71"+7*, >C+7S<7217"?
7n civil cases, the place of trial is never considered part of
jurisdiction. 7t is only a Auestion of venue that the case should be tried
in 2ebu 2ity or ,apulapu 2ity is never considered as jurisdictional. -ut
in criminal procedure, the place where the trial is to be heard is not only
a Auestion of venue but also a Auestion of jurisdiction. 7t is called
territorial jurisdiction. 7t is part of the definition of the authority of the
court to try and decide a criminal case. 7t is, therefore, substantive, but
venue merely means the place of trial, thus part of procedure.
7t is fundamental principle that the criminal action shall be instituted
and tried in the court of the municipality or territory wherein the offense
was committed or where any of its essential elements too8 place Sec.
10, +ule 11(). 1he purpose is in order not to compel the defendant to
move to, and appear in a court different from that of the province where
the crime was committed as it would cause him great inconvenience in
another place -eltran vs. +amos, $/ !hil. 1#$). !ut in another way. 1he
principle see8s to preclude harassment of the defendant and to save him
from the inconvenience and e@pense of defending himself somewhere
else.
5@ceptions to the territorial principle:
1. Jhere the offense was committed under the e@ceptional
circumstances provided for in *rt. & +!23
&. 7n cases of piracy it being a crime against humanity3
'. Jhere the offense is committed on a railroad train, in an aircraft,
or in any other public or private vehicle while in the course of its
trip, the criminal action may be instituted and tried in the court of
any municipality or territory where such train, aircraft or other
vehicle passed during such trip, including the place of departure
and arrival3
#. Jhere an offense is committed on board a vessel in the course of
its voyage, the criminal action may be instituted and tried in the
proper court of the first port of entry or of any municipality or
territory through which the vessel passed during such voyage
subject to the generally accepted principles of international law
0. 7n those cases where the S2, in the interest of truth and impartial
justice transfers the place of trial from one place to another3
/. 7n cases of defamation under +* #'/'
F: <efine 1erritorial >urisdiction.
*: 1erritorial jurisdiction refers to the limits of the geographical
boundaries of a place within which a court has jurisdiction to act
judicially and outside of which its judicial acts are null and void.
MendoBa vs. -.1. 2o., $( !hil. .(#)
F: Dow is territorial jurisdiction in criminal cases determinedO
*: 1he territorial jurisdiction of a court in criminal cases is
determined by the geographical area over which it presides, and the fact
that the crime was committed, or any of its essential ingredients too8
place, within said area is an element of jurisdiction. C.S. vs. >ueves, &'
!hil. 1(()
1he area of authority of said court is found in Section & of the 7nterim
+ules:
Section &. 1erritorial >urisdiction of 2ourts Metropolitan
1rial 2ourts, Municipal 1rial 2ourts, and Municipal 2ircuit
1rail 2ourts shall e@ercise their jurisdiction in the city,
municipality or circuit for which the judge thereof is
appointed or designated. 1hus, a judge appointed to the
municipality or circuitiBed municipalities would have
jurisdiction over the said place.
a)+egional 1rial 2ourts shall e@ercise its jurisdiction
within the area defined by the Supreme 2ourt as the territory
over which the particular branch concerned shall e@ercise its
authority, in accordance with Section 1. of -.!. -lg. 1&$.
1here is no problem with the M12s and M212s because the
authority is bounded by the municipality or city where the crime is
committed there. -ut for the +12, it is not really the province because
the province can be split into several areas or +12 territories li8e +12
2ebu 2ity, Mandaue 2ity, 1oledo 2ity, etc. So it is the limit of its
authority as defined by the S2 pursuant to the >udiciary ,aw. 5very
+12 branch has its own area of responsibility.
Meaning, in one province there are many +12 branches which are
scattered. * branch in a particular place will only e@ercise jurisdiction
over its designated territory, a small portion, not the whole province. 1he
territory is defined by the S2. Section 1., -.!. -lg. 1&$)
Second 5lement: >C+7S<7217"? ";5+ 1D5 SC->521 M*115+
7t is the power to hear and determine caes of the general class to
which the proceedings in Auestion belong. +eyes vs. <iaB, 4' !hil. #.#)
F: Dow is jurisdiction over the subject matter in criminal cases
determinedO
*: 7t is determined by the allegations of the complaint or information
in accordance with the law in force at the time of the institution of the
action, not at the time of the commission of the offense. C.S. vs.
Mallari, &# !hil. '//3 !eople vs. !egarum, 0. !hil. 410)
1he principle, however, is different, where jurisdiction is dependent
on the nature of the position of the accused at the time of the
commission of the offense.
7n Subido vs. Sandiganbayan, &// S2+* '4$, 1$$4, jurisdiction was
determined by the position of the accused at the time of the commission
of the offense.
1he crime of arbitrary detention was allegedly committed on >une &0,
1$$& when accused was a 2ommissioner of the -7<. +* ?o. 4$40 too8
effect on May /, 1$$0 vesting the Sandiganbayan with e@clusive
jurisdiction for crimes committed by public officers corresponding to
%rade &4. 1he information was filed on &. >uly 1$$0 when accused was
already a private citiBen. De claimed that under the law at the time of the
commencement of the action, the Sandiganbayan has no jurisdiction
over him for the offense charged.
Deld:
+epublic *ct. ?o. 4$40 amended by +* .&#$) as regards the
SandiganbayanLs jurisdiction, mode of appeal and other procedural
matters, was held as a procedural law and may validly be given
retractive effect, there being no impairment of contractual or vested
rights.
*verments in the complaint or information determine the nature of
the offense.
1he averments in the complaint or information characteriBes the
crime to be prosecuted and the court before which it must be tried.
-uaya vs. !olo 1/$ S2+* #41 G1$.$H3 ,im vs. 2* &01 S2+* #(.
G1$$0H -inay vs. Sandiganbayan '1/ S2+* /0 G1$$$H)
7n order to determine the jurisdiction of the court in criminal cases,
the complaint must be e@amined for the purpose of ascertaining whether
or not the facts set out therein and the punishment provided for by law
for such facts fall within the jurisdiction of the court where the
complaint is filed. 1he jurisdiction of courts in criminal cases is
determined by the allegations of the complaint of information and not by
the findings the court may ma8e after the trial -uaya vs. !olo).
F: 1o be more precise, how do we 8now where the court has or
doesnLt have jurisdictionO
*: 5ssentially, it is determined by the penalty provided by the law for
the offense as that offense is charged in the complaint or information.
!eople vs. !ecson, $& !hil. 14&3 !unBalan vs. !eople, $$ !hil. &$0)
!rinciples of >urisdiction
a.)1he general rule is that the jurisdiction is determined by: a) the
geographical limits of the territory over which it preseides, and &)
the action civil and criminal) it is empowered to hear and decide.
b.)*s the Auestion of jurisdiction is always of importance, if the
prosecution fails to prove that fact, the court may always permit it
to present additional evidence to show the fact that the crime was
committed witjin its jurisdiction.
c.)1he filing of a complaint or information in court initiates a
criminal action. 1he 2ourt thereby acAuires jurisdiction over the
case, which is the authority to hear and determine the case. Jhen
after the filing of the complaint or information a warrant for the
arrest of the accused is issued by the trial court and the accused
either volungtarily submitted himself to the 2ourt or was duly
arrested, the 2ourt thereby acAuired jurisdiction over the person of
the accused.
d.),ac8 of jurisdiction over the subject matter of an action is fatal and
an objection based upon this ground may be interposed at any
stage of the proceedings. >urisdiction is conferred only by the
sovereign authority which organiBes the courts. Jhen jurisdiction
over an offense has not been conferred by law, the accused cannot
confer it by e@press waiver or otherwise CS vs. <e la Santa $ !hil
&&). >urisdiction over criminal cases cannot be conferred by
consent CS vs +eyes, 1 !hil. &#$). 5ven if a party fails to file a
motion to Auash, he may still Auestion the jurisdiction of the court
later on. Moreover, these objections may be raised or considered
motu propio by the court at any stage of the proceedings or on
appeal. +osa Cy vs. 2* &4/ S2+* '/4 G1$$4H)
e.)7f under the law the court has no jurisdiction over the subject
matter, it cannot ta8e cogniBance of the case, notwithstanding the
silence or acAuiescence of the accused. 1he e@ception is when
there is estoppels by laches to bar attac8s on jurisdiction !eople
vs. +egulario, &&( S2+* '/. G1$$'H)
f.) 5stoppel by laches to Auestion jurisdiction in criminal cases
%enerally, the doctrine of estoppels does not apply as against the people
in criminal prosecutions -inay vs. Sandiganbayan '1/ S2+* /0
G1$$$H). 1he principle, however, earlier laid down in the case of 1ijam
vs. Sibonghanoy, && S2+* &$, which bars a party from attac8ing the
jurisdiction of the court by reason of estoppels by laches have been
e@tended to criminal cases !eople vs. ;era '1 S2+* 4113 !people vs.
Munar 0' S2+* &4.3 !eople vs. +egulario). See, however, EuBume vs.
2ourt of *ppeals, %+ 1#'/#4, ?ov. 11, &((0, holding that the accused
or the court may motu propio raise lac8 of jurisdiction over the subject
matter in a criminal case for the first time on appeal. 7mmunity from suit
is a jurisdictional Auestion 1anchangco vs. Sandiganbayan %+ 1#1/40,
?ov. &0, &((0).
g.)!rinciple that there is no estoppels against the state.
1he settled rule is that the State is not stopped by the mista8es of
its officers and employees. See Mobilia !roducts 7nc. vs. CmeBawa
#0& S2+* 4'/ G&((0H citing its ruling in 2ruB, >r. vs. 2* citing in
turn !eople vs. 2astaneda where the S2 said :there is the long
familiar rule that erroneous application and enforcement of the law
by public officers do not bloc8 subseAuent correct application of
the statute and that the government is never stopped by mista8e or
error on the part of its agents.9
h.)* conviction or acAuittal before a court having no jurisdiction is,
li8e all proceedings in the case, absolutely void, and is therefore no
bar to subseAuent indictment and trial in court which has
jurisdiction of the offense.
*dherence of >urisdiction
"nce jjurisdiction is vested in a court, it is retained up to the end of
the litigation. "rdinarily jurisdiction once acAuired is not affected
by subseAuent legislative enactment placing jurisdiction in another
tribunal. 7t remains with the court until the case is finally
terminated. 1hus, it has been held that the Sandiganbayan or the
courts as the case may, cannot be divested of jurisdiction over
cases filed before them by reason of +* ?o. 4$40. 1hey retain
their jurisdiction until the end of the litigation de la 2ruB vs.
Moya, 1/( S2+* .'. G1$..H)
5@ception to !rinciple of *dherence
Jhere, however, the subseAuent statute e@pressly provides, or is
construed to the effect that it is applicable to operate as to actions
pending before its enactment. Jhere a statute changing the
jurisdiction of the court has no retroactive effect, it cannot be
apllied to a case that was pending prior to the enactment of the
statute.
+* ?o. 4$40 by virtue of Section 4 belongs to the e@ception rather
than the rule. 1he provision is transitory in nature and e@presses
the legislatureLs intention to apply its provisions on jurisdiction to
criminal cases in which trial has not began in the Sandiganbayan.
1o this e@tent +* ?o 4$40 is retroactive -inay vs.
Sandiganbayan). 7n SancheB and Managay vs. Sandiganbayan, '1'
S2+* 4&' G1$$$H, the 2ourt held that although the Sandiganbayan
has jurisdiction at the time the charge was filed, it lost jurisdiction
upon the enactment of +* 4$40 because he falls below the ran8 of
full colonel, and trial has not yet begun.
7n ,acson vs. 5@ecutive Secretary '(1 S2+* &$. 1$$$), the
amendment in +* .&#$ that in cases where none of the accused are
occupying positions corresponding to Salary %rade :&49 or higher,
as prescribed in the said +* /40., or military and !?! officers
mentioned above, e@clusive original jurisdiction thereof shall be
vested in the proper +12, Me12, M12, and M212, as the case
may be, pursuant to their respective jurisdictions as provided in -!
1&$, as amended, was applied to the pending criminal case in the
Sandiganbayan. 1he previous law vests jurisdiction in the +12
where none of the Gprincipal accused are occupying positions
corresponding to Salary grade &4. 1he term :principal9 was
deleted so that under the amendment, if an accomplice belongs to
Salary %rade &4, then jurisdiction is with the Sandiganbayan even
if none of the principals belong to a lower salary grade. 1he
amendment was applied retroactively.

1hird 5lement: >C+7S<7217"? ";5+ 1D5 !5+S"? "E 1D5
*22CS5<
F: Dow does the court acAuire jurisdiction over the person of the
accusedO
*: 7t is conferred upon the court either by the voluntary appearance or
surrender of the accused, or by his arrest to answer for the crime
charged. 2hoc vs. ;era, /# !hil. 1(//)
;oluntary submission of the accused may be effected by posting bail
Santiago vs. ;asAueB, &14 S2+* 4113 or by filing a motion to Auash or
by appearing at the arraignment or entering trial !eople vs. 6ebaya, et
al.,2*) // "%)
>urisdiction over the person is not affected by the way it is acAuired3 it
is of no conseAuence that fraud, deceit, physical force or any illegal
means whatsoever has been employed to bring the person of the
defendant within the reach of the court.
2lassification of >urisdiction
Jhere to Eile at the Eirst 1ime
a. original
b. appellate
Dow many courts have jurisdiction:
a. e@clusive
b. concurrent
7n criminal cases, concurrent original jurisdiction over the subject matter
may now be said to e@ist only between the S2 and the +12 in cases
affecting ambassadors, public ministers and consuls. 7n the matter of
territorial jurisdiction, concurrent jurisdiction between courts of eAual
ran8 may result in continuing crimes, crimes committed on a railroad
train, etc.
Einally branches of the same court in the same geographical territory are
possessed of concurrent jurisdiction.
D75+*+2DI "E 2"C+1S
SC!+5M5 2"C+1
2"C+1 "E *!!5*,S
SpecialiBed 2ollegiate 2ourts 5Aual in ran8 to 2*
2"C+1 "E 1*P *!!5*,S and S*?<7%*?-*I*?
+5%7"?*, 1+7*, 2"C+1S or S52"?< ,5;5, 2"C+1S
E7+S1 ,5;5, 2"C+1S M12, Me12, M212, M122
>C+7S<7217"? "E !D7,7!!7?5 2"C+1S
"ver the Subject Matter)
Je will start with the Supreme 2ourt, and then down. +emember that
there are two &) special courts also authoriBed to try criminal cases: 1)
the Eamily 2ourts acting through duly designated +12s, and &) the
Sandiganbayan.
SC!+5M5 2"C+1 S2)
F: Jhat criminal cases are within the original jurisdiction of the S2O
Jell, one of them are cases affecting ambassadors, public ministers
and consuls and it has original concurrent jurisdiction with the +12. 7t is
very rare. -ut let us concentrate on the e@clusive appellate jurisdiction
of the S2 in criminal cases.
*: 1he following:
1.*ll criminal cases involving offenses for which the penalty
imposed by the trial court is death, reclusion perpetua or life
imprisonment Sec. 0, *rt. ;777 1$.4 2onstitution)
&."ther offenses which, although not so punished, arose out of the
same occurrence or which may have been committed by the
accused on the same occasion as that giving rise to the more
serious offense, regardless of whether the accused are charged as
principals, accomplices, or accessories, or whether they have been
tried jointly or separately.Sec. 14, >udiciary *ct of 1$#.,not
repealed by -! 1&$)
5P*M!,5: Dannah is the principal, accused of murder.
Maying is the accomplice and >> is the accessory. *ll of them are
found guilty. Eor the principal, certainly the imposable penalty is
reclusion perpetua, at the least. So S2 has e@clusive appellate
jurisdiction.
Dow about the accompliceO +eclusion 1emporal is imposable,
and for the accessoryO !rision Mayor. 7n order not to split the
jurisdiction, all of them will be appealed to the S2.
'.5ven if the penalty is less than reclusion perpetua, death or life
imprisonment, where the issue on appeal is pure Auestion of law.
5P*M!,5: Suppose the crime is homicide. 1he penalty
imposed is reclusion temporal &( years or less definitely the
2ourt of *ppeals has jurisdiction. Dowever, if the issue on appeal
is purely legal Auestion = 1((Z legal, no factual issue S2 . 1he
mode of appeal is +ule #0 *ppeal by 2ertiorari.
2"C+1 "E *!!5*,S 2*)
,etLs go to the 2*. Simple: 7f a case does not fall within the
jurisdiction of the S2, then necessarily it falls within the 2*Ls
jurisdiction. 1hat is, the penalty imposed is less than perpetua and the
appeal is not purely a Auestion of law3 the appeal either involves
Auestion of fact or mi@ed Auestion of law and fact.
!eople vs. 5fren Mateo %+ ?o. 1#4/4.=.4, >uly 4,&((#
7n death penalty cases, which according to *rt. ;777 Sec. 0 of the
1$.4 2onstitution are to be automatically reviewed by the S2, are now
to be forwarded to the 2* before being elevated to the S2.
:7f the 2* affirms the penalty of death, reclusion perpetua or life
imprisonment, it could render judgment and impose the corresponding
penalty, and then elevate the entire records of the case to the S2 for final
disposition. 7f the 2* acAuits the appellant, then he is freed and the
prosecution would no longer have any recourse before the S2.9
+easons given:
1. Sec. 0&) *rt. ;777 of the 1$.4 2onstitution is not preclusive in
character, :and therefore, does not prevent this 2ourt, in the
e@ercise of its rule=ma8ing authority from adding an intermediate
appeal or review in favour of the accused.9
;ital statistics, facts show that 41.44Z of the reviewed death
penalty cases, the S2 either modified or vacated judgment ma8ing
the intermediate review by the 2* a more effective way of
handling the said cases.
&. 7n cases of automatic review, the S2 often had to grapple with
Auestions of fact, an area best left to the 2*, it being the ultimate
reviewer of facts.
'. 1he new rule is a procedural matter and under the constitution,
Sec. 0, *rt. ;777, the S2 has the power to :promulgate rules
concerning the enforcement of constitutional rights, pleading,
practice and procedure in all matters.9
?ote that pursuant to Sec. 0, 5.". ?o. '', amending Sec. $, -! 1&$, the
2* shall have the power to receive evidence and perform any and all
acts necessary to resolve factual issues raised in:
a) 2ases falling within its original jurisdiction such as actions for
annulment of judgments of the +123 and
b) 7n cases falling within its appellate jurisdiction wherein a motion
for new trial based only on the ground of newly discovered
evidence is granted by it.
+5%7"?*, 1+7*, 2"C+1 +12)
Sec. &(b) >urisdiction in criminal cases. = +egional 1rial
2ourts shall e@ercise e@clusive original jurisdiction in all
criminal cases not within the e@clusive jurisdiction of any
court, tribunal or body, e@cept those now falling under the
e@clusive and concurrent jurisdiction of the Sandiganbayan
which shall hereafter be e@clusively ta8en cogniBance of by
the latter. -! 1&$)
1he jurisdiction of the +12 in criminal cases is provided for in
Section &(, -! 1&$ which is very broad in general provided it does not
belong to the Sandiganbayan or the Municipal 1rial 2ourt M12). So
what does not belong to the Sandiganbayan or the M12 belongs to the
+12. 1herefore, the best guide is to determine the jurisdiction of the
M12 and the Sandiganbayan.
1here is no concurrent jurisdiction between the +12 and Eirst ,evel
2ourts.
+12 and S2 may have original concurrent jurisdiction in criminal
cases affecting ambassadors, public ministers and consuls as regards
subject matter.
7n the matter of territorial jurisdiction, concurrent jurisdiction
between the courts of eAual ran8 may result in continuing crimes3 crimes
committed on a railroad train, in an aircraft, or in any public or private
vehicle while in the course of its trip3 crimes committed on board a
vessel in the course of its voyage3 other crimes committed outside of the
!hilippines but punishable therein under Sec. & +!2 Sec. 10, +ule 11()3
and written defamation cases +* #'/').
Einally branches of the same court in the same geographical judicial
territory are possessed of concurrent jurisdiction.
MC?727!*, 1+7*, 2"C+1 M12)
F: Jhat law gover? the jurisdiction of the M12O
*: Section '&, -! 1&$, as amended by +* 4/$1. +* 4/$1 is the law
e@panding the jurisdiction of the M12 which too8 effect last *pril (0,
1$$#.
Sec. '&. >urisdiction of Metropolitan 1rial 2ourts,
Municipal 1rial 2ourts and Municipal 2ircuit 1rial courts in
criminal cases. = 5@cept in cases falling within the e@clusive
original jurisdiction of +egional 1rial 2ourts and of the
Sandiganbayan, the Metropolitan 1rial 2ourts, Municipal
1rial 2ourts, and Municipal 2ircuit 1rial 2ourts shall
e@ercise:
1. 5@clusive original jurisdiction over all violations of city
or municipal ordinances committed within their respective
territorial jurisdiction3 and
&. 5@clusive original jurisdiction over all offenses
punishable with imprisonment of not e@ceeding si@ /) years
irrespective of the amount of fine, and regardless of other
imposable accessory or other penalties, including the civil
liability arising from such offenses or predicated thereon,
irrespective of 8ind, nature, value or amount thereof3
!rovided, however, 1hat in offense involving damage to
property through criminal negligence, they shall have
e@clusive original jurisdiction thereof. as amended by +.*.
4/$1)
1here are only two &) things to remember:
1. all violations of city or municipal ordinances committed within
their respective territorial jurisdiction
&. all offenses punishable with imprisonment of not e@ceeding si@ /)
years irrespective of the amount of fine
7t may be pointed out that in !eople vs. !urisima, the 2ourt said that
the criminal jurisdiction of the court is determined by the amount of the
fine and the imprisonment provided by law for the offense charged.
Cnder +* 4/$1, fine is no longer a factor because the phrase that the
lower court shall have :e@clusive original jurisdiction over all offenses
punishable with imprisonment not e@ceeding si@ /) years irrespective of
the amount of fine, regardless of all other imposable accessory or other
penalties @@@.9
*s matters now stand, fine and other imposable accessory or other
penalties, including the civil liability arising from the offense or
predicated thereon, irrespective of 8ind, nature, value or amount thereof
are not so considered to determine jurisdiction.
5@ample:
7n simple seduction under *rt. ''., +!2, in addition to the penalty of
arresto mayor, the offender is also sentenced to indemnify the offended
woman3 to ac8nowledge the offspring unless the law should prevent
him from doing so)3 and in every case to support the offspring *rt. '#0,
+!2).
Cnder the old law >udiciary *ct of 1$#.), notwithstanding the fact
that the prison term prescribed for the offense falls within the
jurisdictional ambit of the inferior court, since the matter of support and
ac8nowledgment of offspring falls within the authority of the then 2E7
to decide, e@clusive original jurisdiction ove the action was held to be
vested in the latter court !eople vs. -uissan, 1(0 S2+* 0#43 <ioAuino
vs. 2ruB, 11/ S2+* #01)
?ow, jurisdiction lies with the M12.
*t present if the accused is convicted for theft of !$&.(( which is
punishable by arresto mayor, the M12 has jurisdiction even if the
accused, being a habitual delinAuent, was sentenced to a penalty of /
years and one day of prision mayor !eople vs. *cba, /. !hil //#)
because under the present law the penalty for habitual delinAuent should
no longer be considered because of the present te@t.
Cnder !< 1/(/, as amended by +* .&#$ approved on Eeb. 0, 1$$4,
first level courts now have jurisdiction over government related cases
where the penalty involved is not more than / years and the officers
charged do not fall under the jurisdiction of the Sandiganbayan, meaning
below salary grade :&49 or not among those enumerated in Sec. #, !<
1/(/, aas amended.
F: Suppose if the penalty prescribed is imprisonment, fine or bothO
*: ?ever mind the fine and the both. >ust loo8 at the imprisonment.
1hat is the innovation by the new rules. 1he fine is never considered in
determining the jurisdiction. *ll you have to do is loo8 at the
imprisonment, i.e. above si@ /) years +123 si@ /) years and below
M12.
+12 >C+7S<7217"?: *bove si@ /) years, regardless of fine
M12 >C+7S<7217"?: Si@ /) years and below, regardless of fine
F: Suppose the penalty prescribed by law is 1((Z fineO 1here are
crimes where the prescribed penalty is only fine. Jhat will happenO
*: Cnder the S2 2ircular (#=$#, if the penalty is imprisonment and
fine, or imprisonment or fine, never mind the fine and concentrate on
the imprisonment. -ut if the penalty prescribed is purely fine, apply the
old law before +* 4/$1: it depends on the amount prescribed by law.
Cnder the old law, if the ma@imum fine is !#,(((.(( or less M12. 7f
the penalty prescribed by law is purely fine and above !#,((( +12.
Jhere the prescribed by law is purely fine:
M12 !#,((( or less
+12 above !#,(((
Dowever, the e@ception to the e@ception is when the crime rec8less
imprudence, because in the crime of damage to property through
criminal negligence the penalty is only fine under the +!2 and the fine
is eAual to the damage or not more than three ') times the amount of the
damage.
5P*M!,5: Iou bumped a car and you wrec8 it. 1he car is worth
!1((,(((.Jhat is the penaltyO 1he minimum fine is !1((,((( eAual to
the value of the damage and the ma@imum is !'((,((( three times the
value of the damage, *rticle '/0, +!2). So the fine could range from
!1((,((( to !'((,(((.
F: <oes the +12 have jurisdiction because it is above !#,(((O
*: ?oV 7n damage to property through rec8less imprudence,
automatically it is the M12 regardless of the amount of fine. 1he !#,(((
is only for crimes other than damage to property through rec8less
imprudence.
"utline of the jurisdiction of the M12 and +12 over criminal cases:
+12:
1. when the prescribed penalty for the offense is imprisonment
e@ceeding si@ /) years irrespective of the amount of the
imposable fine3
&. when the prescribed penalty for the offense is fine only and the
imposable fine e@ceeds !#,(((.
M12:
1. all violations of city or municipal ordinances committed within
their respective territorial jurisdiction3
&. all offenses punishable with imprisonment of not e@ceeding si@
/) years irrespective of the amount of the imposable fine3
'. when the prescribed penalty is fine only and the imposable
amount does not e@ceed !#,(((3
#. when the offense involves damage to property through criminal
negligence irrespective of the amount of the imposable fine.
1a8e note, jurisdiction is determined by the principal penalty not by
the civil liability, additional penalty or the subsidiary penalty, which
changed the previous rules under the old jurisprudence. Cnder the old
jurisprudence in the old case of C.S. vs. -ernardo, the S2 ruled that the
penalty for simple seduction is only arresto mayor Gnot more than /
monthsH. 7t cannot be tried by the old M12. 7t should only be tried by
the 2E7 now, +12) because under *rticle '#0 of the +!2, in the event
that the accused is convicted there be a judgment for support and the
ac8nowledgment of the child which can only be decreed by the 2E7. So
what determines the jurisdiction of the court is not the criminal penalty
by the civil liability.
1hose pronouncements are already obsolete. ?ow, never mind the
civil liability. So, in simple seduction Gbelow / monthsH, the M12 can
order for the support and ac8nowledgment of the child because that is
only incidental. Jhat is important is the imposable penalty which is si@
/) months or less than / years.
2*S5: Suppose Sir >et is convicted of less serious physical injuries
for the /th time within a period of 1( years only. 1he penalty for such
crime is only arresto mayor si@ /) months ma@imum. -ut since Sir >et
is already a habitual delinAuent, may patong na yan where the penalty
can reach as high as / months to 1# years and . months.
F: Jhere are you going to file the caseO
*: 1hat is what happened in the case of !eople vs. 2ustoso where the
S2 held that the case should be file in the +12 because you consider the
principal plus the additional penalty. -ut this doctrine is already
obsolete. Cnder the present law +* 4/$1, we do not consider the
additional penalty, only the principal penalty. Since less serious physical
injuries is punishable by arresto mayor only, it should be filed in the
M12.
1a8e note the opening clause of Section '&: 5@cept in cases falling
within the e@clusive original jurisdiction of +egional 1rial 2ourts and of
the Sandiganbayan. 7n other words, if the crime has a penalty of si@ /)
years or lower, M12 has jurisdiction
-ut.it cannot be tried by the M12 if the law itself says it is falling
within the e@clusive original jurisdiction of the +12 or the
Sandiganbayan..
7f the law says this case shall be tried with the +12,it should be
followed and without regard to the penalty because the law specifically
provides in what court you should file it. 5ven if the penalty is one 1)
month imprisonment, if it says +12 hasjurisdiction, you follow it.
F: %ive instances of this e@ception. 7n what cases will the +12 try
the case even if the penalty is only si@ /) years or lessO
*: 1here are four #) instances as laid down by the S2 in cases of
M"+*,5S ;S. 2*, &.' S2+* &11 1$$4) and 2"M5,52 vs.
?"I?*I , &$& S2+* &0# 1$$.):
1. ,ibel *rticle '/(, +!2 says +12, though if you loo8 at the
penalty for libel,it is less than si@ /) years. *rticle '/( prevails.
&. 1he <ecree on 7ntellectual !roperty. 2riminal cases for the
violation of the <ecree on 7ntellectual !roperty
'. 1he <angerous <rugs *ct.. +12 has jurisdiction even if the
penalty ranges from / months and 1 day to # years as in possession
of drug paraphernalia, per Sec. 1&, *rt. 77 +* $1/0
#. ;iolation of the "mnibus 5lection 2ode 2riminal cases arising
from the violations of the "mnibus 5lection 2ode is with the +12
even if the penalty is below si@ /) years and one 1) day 2omelec
vs. ?oynay)
E*M7,I 2"C+1S
F: Jhat criminal cases are falling within the original jurisdiction of
the Eamily 2ourts under +* .'/$ *n *ct 5stablishing Eamily 2ourtsO
*: 1he following under Section 0, +* .'/$:
1. 2riminal cases where one or more of the accused is below 1. years
of age but not less than nine $) years of age, or one or more of the
victims is a minor at the time of the commission of the offense.
So for e@ample: Iou bo@ed a 1( year old child slight
physical injuries the Eamily 2ourts have jurisdiction.
&. 2riminal cases against minors under the <angerous <rugs *ct3
and
'. ;iolations of +* 4/1( the famous child *buse ,aw as
amended by +* 4/0..
-ut since the Eamily 2ourts have not yet been constituted, the
temporary measure is some +12 branches were designated as acting
Eamily 2ourts. 1hey are still +12 but acting as Eamily 2ourts.
S*?<7%*?-*I*?
Dow do you 8now that the case is to be tried by the Sandiganbayan or
by the regular courtsO 7t does not mean that all crimes committed by a
public officer are triable by the Sandiganbayan. 7t could be with the
Sandiganbayan or it could be with the +12 or M12. 7f you 8now the
jurisdiction of the +12 or M12, there is no problem. *bove si@ /)
years +123 below si@ /) years M12.
-ut the problem is whether it is with the Sandiganbayan or the regular
courts, because for the Sandiganbayan.
F: Jhat is the guideline in determining the jurisdiction of the
SandiganbayanO
*: 1he latest governing law is +* .&#$ approved on Eebruary (0,
1$$4. 1his is what it reAuires:
1. Jhat 8ind of position in t he government does he hold or
occupyO
&. Jhat criminal cases was committed by himO
'. 1he offense committed is in relation to office.
JD*1 67?< "E !"S717"? 7? 1D5 %";5+?M5?1 <"5S D5
D",< "+ "22C!IO
7f he is a governor, vice=governor, member of the sanggunian,
provincial treasurer, assessor, engineers and other provincial department
head, city mayor, vice mayor, members of the sanggunian panglungsod,
city treasurer, assessor, engineer, other city department heads, official of
the diplomatic service occupying the position of consul and higher,
!hilippine army and air force, colonels and naval captains and all
officers of higher ran8, officers of the !?! while occupying the position
of provincial directors and those holding the ran8 of Senior
Superintendent or higher, city and provincial prosecutors and their
assistant, and officials and prosecutors of the "ffice of the "mbudsman
and special prosecutor, presidents, directors or trustees or managers of
%"22s, state universities or educational institutions or foundations3
members of 2ongress3 members of the 2onstitutional 2ommission
without prejudice to the provisions of the 2onstitution3 all other national
and local officials classified as %rade &4 and higher.
1hose specified positions or even if you are just an ordinary
employee but you are %rade &4 or higher coupled with *nti=%raft crime
or crime committed in relation to your office Sandiganbayan yan,
forget the penalty.
7f he is below %rade &4 and the crime is anti=graft or a crime
committed in relation to his office, then it is not Sandiganbayan. 7t is
either +12 or M12. <etermine the salary %rade. 1hat is the cue.Iou
just correlate the nature of the crime and the nature of the position.
JD*1 2+7M7?*, 2*S5 J*S 2"MM7115< -I D7MO
1he offense committed is a violation of:
a). +* '(1$, as amended, 1he *nti=%raft and 2orrupt !ractices *ct3
b) +* 1'4$ the law on ill=gotten wealth3
c) 2hapter 77, Sec. &, 1itle ;77, -oo8 77 +!2 the law on bribery)3
d) 5" ?os. 1, &, 1# and 1#=* issued in 1$./ seAuestration cases), or
e) other offenses or felonies whether simple or comple@ed with other
crimes.
1D5 "EE5?S5 7S 2"MM7115< 7? +5,*17"? 1" "EE725
F: Dow about those in the +!2O
*: Eind out whether the crime was committed by the public officer in
relation to his office.
Jhat do you mean by :crime committed in relation to the office of the
person accused9O 7n the case of
!5"!,5 vs. M"?15>"
1(. !hil. /0&
E*21S: 1his is a case for murder filed against the former
Mayor ,eroy -rown of -asilan 2ity together with some
-asilan policeman. -rown ordered his men to arrest the suspect
and he was interrogated. 7t is in the course of the investigation
or interrogation that they committed the crime of murder.
7SSC5: Jas the crime of murder committed in relation to his
officeO
D5,<: Ies. 7n other words, if they were not public officers
they would not have succeeded in committing the crime.
:*lthough public office is not an element of the crime of
murder in abstract, as committed by the main respondents
herein, according to the amended information, the offense
therein charged is intimately connected with their respective
offices and was perpetrated while they were in the performance,
though improper or irregular, of their official functions. 7ndeed,
they had no personal motive to commit the crime and they
would not have committed it had they not held their aforesaid
offices. 1he co=defendants of respondent ,eroy S. -rown,
obeyed his instructions because he was their superior officer, as
Mayor of -asilan 2ity.9
"f course, normally when you say in relation to his office we refer to
falsification or malversation. 1hat is the normal meaning. 1hat is why in
the 1$$0 case of 2C?*?*? ;S. *+25", &#& S2+*, the S2 held that
an offense may be considered as committed in relation to the accusedXs
office if the offense cannot e@ist without the office such that the office is
a constituent element of the crime. ,et us try to compare this in the case
of
S*?2D5M vs. <5M51+7"C
&(4 S2+* /&4
E*21S: Mayor SancheB of 2alauan was charged with rape
and homicide for the deaths of *ileen Sarmenta and *llan
%omeB. 1hey were charged before the +12. SancheB
Auestioned the jurisdiction of the +12 that since he is an
incumbent mayor at the time of the alleged commission of the
crime, his case should be tried before the Sandiganbayan.
7SSC5: Jhether or not the +12 has jurisdiction over the
case.
D5,<: Ies. 1he case should be tried by the +12 and not
Sandiganbayan. 1he case of SancheB was not considered in
relation to their office.
:1here is no direct relation between the commission of the
crime of rape with homicide and SancheBL office as municipal
mayor because public office is not an essential element of the
crime charged. 1he offense can stand independently of the
office. Moreover, it is not even alleged in the information that
the commission of the crime charged was intimately connected
with the performance of SancheBL official functions to ma8e it
fall under the e@ception laid down in !eople vs. Montejo.9
:7n that case of !eople vs. Montejo, a city mayor and several
detectives were charged with murder for the death of a suspect
as a result of a Nthird degreeL investigation held at a police
substation. 1he Supreme 2ourt held that even if their position
was not an essential ingredient of the offense, there was
nevertheless an intimate connection between the office and the
offense, as alleged in the information, that brought it within the
definition of an offense Ncommitted in relation to the public
office.L 7ndeed, they had no personal motive to commit the
crime and they would not have committed it had they not held
their aforesaid offices.
:Je have read the informations in the case at bar and find no
allegation therein that the crime of rape with homicide imputed
to SancheB was connected with the discharge of his functions as
municipal mayor or that there is an Nintimate connectionL
between the offense and his office. 7t follows that the said crime,
being an ordinary offense, is triable by the regular courts and
not the Sandiganbayan.9
,*2S"? vs. 5P52C17;5 S52+51*+I
'(1 S2+* &$. 1$$$)
D5,<: 7t is not enough to say that the crime committed is in
relation to his office. Iou must ma8e specific allegations to
show really the connection. "therwise, it will not be tried by the
Sandiganbayan but by the regular courts.
:Jhile the information states that the above=name principal
accused committed the crime of murder Nin relation to their
public officeL there is, however, no specific allegation of facts
that the shooting of the victim by the said principal accused was
intimately related to the discharge of their official duties as
police officers. ,i8ewise, the amended information does not
indicate that the accused arrested and investigated the innocent
victim and 8illed the latter while in their custody.9 <apat:
nahuliWnag=imbestigaWtapos, pinatay yun, ma=consider paV
!ero pag=sinabi mo na they 8illed him in relation to their office,
without further e@planation walaV 7t becomes merely a
conclusion lang ba.
:1he mere allegation in the information that the offense was
committed by the accused public officer in relation to his office
is not sufficient the phrase is merely a conclusion of law, not a
factual averment that would show the close intimacy between
the offense charged and the discharge of the accusedLs official
duties.9
:7n the case of !eople vs. Montejo, it is noteworthy that the
phrase Ncommitted in connection to his public officeL does not
also appear in the information, which only signifies that the said
phrase is not what determine the jurisdiction of Sandiganbayan.
Jhat is controlling is the specific factual allegations in the
information that would indicate the close intimacy between the
discharge of the accusedLs official duties and the commission of
the offense charged, in order to Aualify the crime as having been
committed in relation to his public office.9
F: 1he offender is a public officer and in committing the crime, he
too8 advantage of his position. 7s that a sufficient allegation that the
crime is committed in relation to the officeO
*: ?"V 7t does not carry the same meaning. Jhen you say that the
public officer too8 advantage of his position, that is only an allegation
of an aggravating circumstance under *rticle 1#, +!2. !eople vs.
Magallanes, &#$ S2+* &1&)
?ow, there are instances where there could also be a conflict between
the Sandiganbayan jurisdiction and that of the regular courts. 1his is
were we follow the general rules on statutory construction that special
law prevails over a general law3 a specific provision prevails over a
general provision.
Such principle is applied in the case of <e >esus vs. !eople 1$.'),
reiterated in the case of 2orpuB vs. 1anodbayan 1$.4). 1hese cases
were decided under the 1$4' 2onstitution. -ut actually, the doctrine still
applies now.
2"+!CM vs. 1*?"<-*I*?
*pril 10, 1$.4
?"15: 1his 2orpuB case was as8ed in the -ar, not in
remedial law but in political law because it has something to do
with the 2"M5,52.
E*21S: 1he accused here is a 2omelec registrar who
allowed the registration of voters outside of the registration day,
which is prohibited. So there was a violation of the 5lection
2ode. De committed a crime in relation to his office. Eor that,
he was charged before the Sandiganbayan under the 1$4'
2onstitution. ?ow, he challenged the jurisdiction of the
Sandiganbayan to try the case and also the jurisdiction of the
former 1anodbayan which is now the "mbudsman.
Cnder the 5lection 2ode, violations of election code
committed by public officers in relation to their office are
supposed to be tried by the +12. 7t is a direct provision in the
code. *nd the preliminary investigation should be conducted by
the 2omelec under the election code.
*nd of course the prosecution said: :?oV Cnder the law,
when the crime is committed by a public officer in relation to
his office, it should be the Sandiganbayan, not the regular
courts. -ut the the accused argued that: :Cnder the election
code, it should be the +12V9
D5,<: 1he election code prevails because there is a specific
provision which is: crimes under the election code. Jhereas the
provisions of the Sandiganbayan is broader: crimes committed
by public officers in relation to their duty. 1hat applies to public
officers in general. So the specific provision prevails over the
general provision.
*nother interesting point about the Sandiganbayan is that the
Sandiganbayan law says that where a private individual commits a crime
in conspiracy with a public officer, all of them should be tried in the
Sandiganbayan. De is not even in the government why try him before
the SandiganbayanO -ecause may conspiracy. 1here should be a joint
trial.
So you cannot say that the public officer should be tried in the
Sandiganbayan and the private individual should be tried in the +12.
Iou cannot split the jurisdiction.
F: Jhat is the reason why the private individual should be tried
together with the public officers in the SandiganbayanO
*: 1he S2 e@plained in the following manner: :!rivate persons may
be charged together with public officers to avoid repeated and
unnecessary presentation of witnesses and e@hibits against conspirators
in different venues, especially if the issues involved are the same.9
-almadrid vs. Sandiganbayan, March &&, 1$$1)
,etLs go to some interesting cases on the jurisdiction of the
Sandiganbayan over private individuals:
-"?<"2 vs. S*?<7%*?-*I*?
?ovember $, 1$$(
E*21S: 1his case involves 8iting operations between 2entral
-an8 a government institution, now -ang8o Sentral ng
!ilipinas) employees allegedly in connivance with 2arlito
-ondoc, an assistant manager of a private ban8. ?ow, two &)
2- employees were charged with several counts of estafa
through falsification of public documents because of their
manipulations of the chec8s. "f course they were charged
before the Sandiganbayan and the cases were assigned in the
Second <ivision of the Sandiganbayan.
SubseAuently after further investigation, another information
was filed against -ondoc as principal by indispensable
cooperation and he was also in conspiracy, so filed with the
Sandiganbayan. Dis case was raffled to the 1hird <ivision.
Jhen the 1hird <ivision learned that this is related to the case
against the two &) 2- employees in the Second <ivision, it was
passed on to the &nd <ivision for consolidation. Dowever, the
trial there &nd <ivision) was already terminated. So the &nd
<ivision returned the case of -ondoc to the 'rd <ivision.
So -ondoc was left. ?ow he Auestions the jurisdiction of the
Sandiganbyan: Dow could the Sandiganbayan try me alone
when in fact 7 should be tried jointly with the & 2- employees.
-ut they are done with trial. So my case should be tried in the
+12.
D5,<: :1he law reAuires that the private individuals accused
before the Sandiganbayan should be tried together jointly with
the public officer. 1hat is really true unless the attendant
circumstances have made impossible or impracticable such a
joint trial, in which event the trial of said private persons may
proceed separately from the public officers or employees whose
own trials have been concluded.9
:-esides, there is nothing so sacred or important about a joint
trial as to justify a radical deviation from ordinary, orderly court
processes in order to have it, or as to affect the very jurisdiction
of the 2ourt reAuired to conduct it. 1he evidence of the State or
of the accused does not become wea8er or stronger whether
presented at a joint or separate trial3 the rights of the accused are
not enhanced or diluted by the character of a trial as joint or
separate3 the procedure prescribed in either situation is
essentially the same.9
So there should be a joint trial if still possible but if it is not, then then
there should be separate trial but still in the Sangiganbayan. 1he S2 in
the case of -ondoc said: do you have an advantage in joint trialO "r
when tried aloneO "r you are tried together with another personO <oes
joint trial ma8e your job easier or harderO Ma8es conviction easierO 7t
does not actually prejudice the accused. 7t has no effect on his
presentation of evidence.
So meaning, you cannot insist on a joint trial if that is no longer feasible.
-ut as far as the law is concerned, since you committed the crime in
conspiracy with these public officers, you remain in the Sandiganbayan.
So in that case -ondoc), mag=isa lang siya and his trial continued in the
Sandiganbayan.
*M*+2"? vs. S*?<7%*?-*I*?
&/. S2+* 4#4 Eebruary &/, 1$$4)
E*21S: 7 thin8 this case happened in -islig. *Barcon here
leased a truc8 of somebody for logging operations. 1he owner
of the truc8 was a delinAuent ta@payer. So the -ureau of 7nternal
+evenue -7+) issued this warrant of distraint. 1he -7+ loo8ed
for the truc8 which is Auite valuable::1his truc8 is hereby
considered as under the possession of the -7+. ?ow since you
*Barcon) are the one leasing,you can continue as lessor but you
are now the custodian. Iou are now holding it in behalf of the
-7+.9
*fter the lease, he returned the truc8 to the lessor ta@payer).
"bviously, nawala nga ang truc8. So the -7+ ran after *Barcon:
:-aLt mo sinauliO 1hat is under distraint already and that is
malversationV9 Cnder the +!2, the crime of malversation may
be committed by a public officer, by a private individual who is
entrusted with the custody of a property which has been levied
by the government *rticle &&&, +!2)9
So, a criminal case for malversation was filed against him
before the Sandiganbayan. De now Auestions the jurisdiction of
the Sandiganbayan: 7 am not a public officer. 7f you want to sue
me, you sue me in the regular courts, not here in the
SandiganbayanV
7SSC5: <oes the Sandiganbayan have the jurisdiction over a private
individual who is charged with malversation of public funds or
property as a principal after the said individual has been designated
by the -7+ as custodian of a restrained propertyO <id such accused
become a public officer and therefore subject to the Sandiganbayan
jurisdiction as a conseAuence of such designationO
D5,<: ?o. 1he Sandiganbayan does not have the jurisdiction over
him. 1he law eAuivocally specifies: :Wthe only instances when the
Sandiganbayan will have jurisdiction over a private individual, i.e.
when the complaint charges the private individual either as a co=
principal, accomplice or accessory of a public officer or employee
who has been charged with a crime within its jurisdiction.
1he 7nformation does not charge petitioner *Barcon of being
a co=principal, accomplice or accessory to a public officer
committing an offense under the SandiganbayanXs jurisdiction.
1hus, unless petitioner be proven a public officer, the
Sandiganbayan will have no jurisdiction over the crime charged.
:%ranting arguendo that the petitioner, in signing the receipt
for the truc8 constructively distrained by the -7+, commenced
to ta8e part in an activity constituting public functions, he
obviously may not be deemed authoriBed by popular election.
1he ne@t logical Auery is whether petitionerXs designation by the
-7+ as a custodian of distrained property Aualifies as
appointment by direct provision of law, or by competent
authority. Je answer in the negative.
:Dowever, we find no provision in the ?7+2 constituting
such person a public officer by reason of such reAuirement. 1he
-7+Xs power authoriBing a private individual to act as a
depositary cannot be stretched to include the power to appoint
him as a public officer. 1he prosecution argues that R*rticle &&&
of the +evised !enal 2ode . . . defines the individuals covered
by the term XofficersX under *rticle &14 . . .R of the same 2ode.
*nd accordingly, since *Barcon became a Rdepository of the
truc8 seiBed by the -7+R he also became a public officer who
can be prosecuted under *rticle &14 . . .9
:Je are not persuaded. 1he language of the foregoing
provision is clear. * private individual who has in his charge any
of the public funds or property enumerated therein and commits
any of the acts defined in any of the provisions of 2hapter Eour,
1itle Seven of the +!2, should li8ewise be penaliBed with the
same penalty meted to erring public officers. ?owhere in this
provision is it e@pressed or implied that a private individual
falling under said *rticle &&& is to be deemed a public officer.9
Jhat it says is, you can be charged for malversation. 1hatLs all. -ut
he is still a private individual and therefore he cannot be tried alone in
the Sandiganbayan.
F: Cnder the present law, anti=graft or crimes committed by public
officers below %rade &4, +12 man yan baV ?ow, suppose you are
convicted by the +12, where will you appealO
*: Sandiganbayan. 7t becomes the appellate court.
F: 1he case is tried by the M12 because the penalty is up to / years
only. 2onvicted 8a, where will you appealO
*: +12, in accordance with the judiciary law.
F: Erom the +12, convicted pa rinV Jhere will you appealO
*: !etition for +eview before the Sandiganbayan. <o not go to 2*.
1he Sandiganbayan ta8es the place of the 2*.
*nd ta8e note, the Sandiganbayan is now given the e@clusive original
jurisdiction over petition for issuance of writ of mandamus, prohibition,
certiorari, habeas corpus, injunction and other au@iliary writs and
processes in aid of its appellate jurisdiction. *yanV :in aid9W yan ang
importante dyan.
*ENUE IN CRIMINAL CASES
S52. 10 +ule 11(. !lace where action is to be instituted.
a) Subject to e@isting laws, the criminal action shall be
instituted and tried in the court of the municipality or
territory where the offense was committed or where any of its
essential ingredients occurred.
b) Jhere an offense is committed in a train, aircraft, or
other public or private vehicle in the course of its trip, the
criminal action shall be instituted and tried int eh court of any
municipality or territory where such train, aircraft, or other
vehicle passed during its trip, including the place of its
departure and arrival.
c) Jhere an offense is committed on board a vessel in the
course of its voyage, the criminal action shall be instituted
and tried in the court of the first port of entry or of any
municipality or territory where the vessel passed during such
voyage, subject to the generally accepted principles of
international law.
d) 2rimes committed outside the !hilippines but
punishable under *rticle & of the +evised !enal 2ode shall
be cogniBable by the court where the criminal action is first
filed. 10a)
7n civil case we call this venue. 7n criminal procedure, venue is also
jurisdiction. 7t refers to territorial jurisdiction. So if you file a criminal
case in the wrong place, the accused could Auestion the jurisdiction of
the court over the offense. 1his is one difference between civil and
criminal procedure.
Denue + Where the &ction is to e Instituted
1. )ule + T)e criminal ac%ion &)all Ae in&%i%%ed and %ried in %)e cor% o+ %)e
mnici'ali%/ or %erri%or/M
1. 7)ere %)e oBen&e 7a& commi%%ed 4+or local oBen&e&5# or
2. 7)ere an/ o+ i%& e&&en%ial in(redien%& occrred 4+or %ran&i%or/ or
con%inin( oBen&e&5
2. Ather alternati0e 0enues for institution of an action%
1. W)ere an oBen&e i& commi%%ed in a %rain# aircra+%# or o%)er 'Alic or
'ri$a%e $e)icle in %)e cor&e o+ i%& %ri'# %)e criminal ac%ion &)all Ae
in&%i%%ed and %ried ei%)er in %)e cor% o+M
1. %)e 'lace o+ i%& de'ar%re#
2. an/ mnici'ali%/ or %erri%or/ 7)ere &c) %rain# aircra+%# or
o%)er $e)icle 'a&&ed
drin( i%& %ri'# or
3. %)e 'lace o+ i%& arri$al
2. W)ere an oBen&e i& commi%%ed on Aoard a $e&&el in %)e cor&e o+ i%&
$o/a(e#
1. T)e criminal ac%ion &)all Ae in&%i%%ed and %ried in %)e cor% o+M
1. %)e !r&% 'or% o+ en%r/# or
2. o+ an/ mnici'ali%/ or %erri%or/ 7)ere %)e $e&&el 'a&&ed
drin( &c)
$o/a(e
". SAEec% %o (enerall/ acce'%ed 'rinci'le& o+ in%erna%ional la7
3. W)en %)e crime i& commi%%ed o%&ide %)e P)ili''ine& A% 'ni&)aAle
nder Ar%. " o+
%)e Re$i&ed Penal CodeM
I% &)all Ae co(ni6aAle A/ %)e cor% 7)ere %)e criminal ac%ion i&
!r&% !led
1. Place of institution
a. <erritorial "urisdiction e*plained
4acasaet 0. People
#32 S2)& 3=3
'eruar! 11, 2663
Second Di0ision% 2hico.-a/ario. 8.
,uestion%
W)a% i& %)e Aa&i& +or %)e ac;i&i%ion o+ %erri%orial Eri&dic%ion in criminal
ca&e&J
&nswer%
For Eri&dic%ion %o Ae ac;ired A/ cor%& in criminal ca&e& %)e oBen&e
&)old )a$e Aeen commi%%ed or an/ one o+ i%& e&&en%ial in(redien%& %ooI
'lace 7i%)in %)e %erri%orial Eri&dic%ion o+ %)e cor%. Terri%orial Eri&dic%ion in
criminal ca&e& i& %)e %erri%or/ 7)ere %)e cor% )a& Eri&dic%ion %o %aIe
co(ni6ance or %o %r/ %)e oBen&e alle(edl/ commi%%ed %)erein A/ %)e acc&ed.
T)&# i% canno% %aIe Eri&dic%ion o$er a 'er&on c)ar(ed 7i%) an oBen&e
alle(edl/ commi%%ed o%&ide o+ %)a% limi%ed %erri%or/. Fr%)ermore# Eri&dic%ion
o+ a cor% o$er %)e criminal ca&e i& de%ermined A/ %)e alle(a%ion& in %)e
com'lain% or in+orma%ion. Once i% i& &)o7n# %)e cor% ma/ $alidl/ %aIe
co(ni6ance o+ %)e ca&e. 0o7e$er# i+ %)e e$idence addced drin( %)e %rial
&)o7 %)a% %)e oBen&e 7a& commi%%ed &ome7)ere el&e# %)e cor% &)old
di&mi&& %)e ac%ion +or 7an% o+ Eri&dic%ion.
a) Subject to e@isting laws, the criminal action shall be
instituted and tried in the court of the municipality or
territory where the offense was committed or where any of its
essential ingredients occurred. Section 10, +ule 11()
1he word municipality here includes cities because it could be a city.
Municipality definitely refers to a crime triable by the M12. 1he word
territory refers to a crime triable by the +12 because of the provision of
Section 1., -! 1&$ that every +12 has its own territory over which it
resides, for purposes of venue in civil cases and jurisdiction in criminal
cases where the offense was committed or where any of the essential
ingredients occurred.
F: Jhy does the law prescribe that the case be filed or tried in the
place where the crime was committedO
*: 1he following are the reasons:
1. 1he interest of the public reAuires that, to secure the best results
and effects in the punishment of crimes, it is necessary to
prosecute and punish the criminal in the very place, as near as
may be where he committed his crime M++ 2o. vs. *tty.
%eneral, &( !hil. 0&')3
&. *s to the interest of the accused, it would cause him great
inconvenience in loo8ing for witnesses and other evidence in
another place. -eltran vs. +amos, $/ !hil. 1#$)
1he law says, the criminal case will be tried, whereO
1. where the offense was committed3 or
&. where any of the essential ingredients occurred.
JD5+5 1D5 "EE5?S5 J*S 2"MM7115<
1his refers to what you call local offense. Jhat do you mean by a
local offenseO 7t is an offense, which is fully consummated in one place.
Meaning, all the elements of the crime happened in that place.
JD5+5 *?I "E 1D5 5SS5?17*, 7?%+5<75?1S "22C++5<
1his refers to what te@t writers call the continuing offense where the
elements occurred in & or more places one element occurs here, the
other in another place. So either one can try the case. 1he venue in this
case is the choice of the prosecution.
*nd mind you, the word :continuing offense9 should not be confused
with the concept in criminal law the so=called continuous crime under
*rticle #. also 8nown as :delicto continuado.9 1here are two 8inds of
continuing crime. "ne of the relatives of comple@ crime is :delicto
continuado9 where a person performs a series of acts but all emanating
from one criminal resolution but the issue to be resolved is: how many
crimes were committed by the accusedO
7n :continuing offense9, the Auestion here is: in which court of what
place will the crime be triedO
F: Dow do you define a continuing offense or transitory crimeO
*: 7t is a crime where the elements occur in several places.
5P*M!,5: 67<?*!!7?% or *-<C217"?. 1he accused
8idnapped 5ltor in <avao 2ity and brought the 5ltor in 2otabato and
hidden there. Same thing with abduction: 6aren was abducted in <avao
2ity and brought in 2otabato.
F: Jhere should the case of 8idnapping or abduction as the case may
be, be filedO
*: 7t could be filed in <avao where the victim was ta8en or abducted,
or in 2otabato were the victim was brought.
F: -rod !ito too8 your vehicle here in <avao and brought it to
2otabato. Jhere should the crime of Aualified theft be triedO <avao or
2otabatoO 7s that a continuing offense or notO
*: <avao. 7t is a local offense. Erom the moment the car was ta8en in
<avao, the crime has already been consummated. 7t is not an
indispensable reAuisite of theft that the thief carry, more or less far away,
the thing ta8en by him from its owner. <uran vs. 1an, .0 !hil. #4/)
1heft is committed by ta8ing personal things. 1a8ing is instant. Erom the
moment it came to y our possession, tapos naV
,etLs go to the issue of E5?27?% you buy stolen property. 7f you
have 8nown it is stolen, you are liable. -ut ta8e note: there can be no
fencing if there is no robbery or theft. Eencing presupposes there is
robbery or theft.
F: 7nday stole a property in <igos. 7t was brought here and Maritess
bought it here in <avao. Maritess is now charged with fencing. "f
course Maritess can be charged here in <avao 2ity because she bought it
here. -ut can the crime of fencing be also filed in <igos where the theft
was committed on the theory that: how can there be fencing unless there
was theftO 1herefore everything can go bac8 to the place where the
original crime was committed. 7s that correctO
*: 7t is ?"1 correct because fencing is not a continuing crime. 7t is a
local offense. 7t is different from the crime of theft or robbery. -oth
crimes are two different crime. 1he law on fencing does not reAuire the
accused to have participated in the criminal design to commit, or to have
been in any wise involved in the commission of, the crime of robbery or
theft. ?either is the crime of robbery or theft made to depend on an act
of fencing in order that it can be consummated. 1rue, the object property
in fencing must have been previously ta8en by means of either robbery
of theft but the place where the robbery or theft occurs is
inconseAuential.
7t may not be suggested, for instance, that, in the crime of bigamy
which presupposes a prior subsisting marriage of an accused, the case
should thereby be triable li8ewise at the place where the prior marriage
has been contracted. !eople vs. <e %uBman, "ctober 0, 1$$')
F: 5S1*E* or M*,;5+S*17"?. 1he companyLs head office is in
Ma8ati. 6enneth is the representative of the company assigned in
<avao. De collects payments from customers in <avao and he is
supposed to remit all his collections to Ma8ati. 6enneth did not remit his
collections to Ma8ati. Jhere should the case of estafa be broughtO
<avao or Ma8atiO
*: 5ither of the two. 1he crime is continuing. 7t shall be instituted in
the place where the misappropriation was committed "+ in the place
where the accused was to render his accounting. C.S. vs. Mesina, #&
!hil. /4)
,etLs go to -"C?27?% 2D526S law. Jhere should the criminal
case for violation of bouncing chec8s law be filedO Sometimes, fiscals
get confused. Iou owe me, you are in Manila, then you issue a chec8 in
Manila and sent it to <avao. 1hen 7 will deposit the chec8 in <avao. "f
course the ban8 will forward it to Manila for clearance. 1he Manila ban8
dishonored it 8ay walang pondo. Jhere is the venue for such crimeO
1hat is what happened in the case of
!5"!,5 vs. %"+"S!5
>anuary &(, 1$..
reiterated in ,ee vs. 2* G1$$0H)
E*21S: 1he accused is from -ulacan. De was a dealer of
San Miguel products and he is under the control of the 2entral
,uBon +egional "ffice of San Miguel 2orporation SM2)
which is in San Eernando, !ampanga. So a representative of
SM2 went to -ulucan, collected from him, he issued chec8s
which were drawn in -ulucan. 1he chec8s were received by the
representative of SM2 and went to the Dead "ffice in
!ampanga and turned=over it. 1he !ampanga office of SM2
deposited the chec8s with its depositary ban8 in San Eernando,
!ampanga. 1he chec8s were sent to -ulacan for clearing.
1albogV Jith this, series of cases were filed. Some cases were
estafa. Some were for violation of -! &&.
1he accused challenged it because all these cases were filed
in San Eernando, !ampanga eh. *ccording to him, the cases
should be filed in -ulacan. +emember, the chec8s were -ulucan
chec8s and it was dishonored also in -ulacan. De said, :7 did
not deliver it in San Eernando. 7 gave it to your representative.
So the chec8 was delivered to a representative. So the delivery
was made in -ulacan. 1hus the !ampanga court has no
jurisdiction.9
7SSC5: 7s the contention of the accused correctO
D5,<: ?"V MaliV *ctually, the crime is continuing because
the crime continues up to the delivery of the chec8 to the
2entral ,uBon "ffice of SM2 in !ampanga. Cnder the
?egotiable 7nstruments ,aw, the delivery of the chec8 must be
made to a person who ta8es it as a holder or bearer of the
instrument. 1he chec8s are intended to be delivered in the Dead
"ffice because it is the delivery in !ampanga which ma8es the
payee the bearer or the holder not the employer who went to
-ulacan. So tinamaan ang !ampanga court. 7n effect, it is a
continuing crime.
7n respect of the -ouncing 2hec8s case, :it is li8ewise true
that 8nowledge on the part of the ma8er or drawer of the chec8
of the insufficiency of his funds, which is an essential ingredient
of the offense is by itself a continuing eventuality, whether the
accused be within one territory or another. *ccordingly,
jurisdiction to ta8e cogniBance of the offense also lies in the
+egional 1rial 2ourt of !ampanga.9 Meaning, wherever the
chec8s go, the 8nowledge of insufficiency is a continuing
element.
F: Jhere shall the criminal action for E*,S7E72*17"? of a private
document be filedO
*: 7t shall be filed in the place where the document was falsified,
regardless of whether it was or was not put to the illegal use for which it
was intended. C.S. vs. -arretto, '/ !hil. &(#)
F: %enie e@ecuted a false affidavit in Manila. 7t was sent to <avao to
be used in a certain proceeding or case. Jhere is the venue of the
!5+>C+IO
*: 7t should be filed in the place where the false evidence was
submitted and ?"1 in the place where the false affidavit was subscribed
and sworn to. C.S. vs. 2aTete, '( !hil. '41)
. Specifc o@enses
i. Diolation of 7P 7lg. 22
People 0. (rospe
13: S2)& 13#
8anuar! 26, 1511
Second Di0ision% 4elencio.9errera. 8.
'acts%
Acc&ed i&&ed a PD< 2<lacan3 c)ecI in +a$or o+ S1C# 7)ic) 7a&
recei$ed A/ %)e S1C S'er$i&or a% Gi(in%o# <lacan. T)e c)ecI 7a&
+or7arded %o %)e S1C Re(ional O?ce in Pam'an(a. I% 7a& deli$ered %o and
recei$ed A/ %)e S1C Finance O?cer# 7)o de'o&i%ed %)e c)ecI 7i%) <PI
2Pam'an(a3# 7)ic) i& %)e S1C de'o&i%or/ AanI. <PI la%er recei$ed a no%ice o+
di&)onor o+ %)e &aid c)ecI +or Kin&?cienc/ o+ +nd&L +rom %)e PD<.
Issue%
W)ere &)old $ene +or $iola%ion o+ <.P. "" Ae laidJ
9eld%
T)e <oncin( C)ecI& La7 'enali6e& no% onl/ %)e +ac% o+ di&)onor o+ a
c)ecI A% al&o %)e ac% o+ maIin( or dra7in( and i&&ance o+ a Aoncin(
c)ecI. T)e ca&e# %)ere+ore# cold )a$e Aeen !led al&o in <lacan. T)e
de%ermina%i$e +ac%or 2in de%erminin( $ene3 i& %)e 'lace o+ %)e i&&ance o+
%)e c)ecI. 0o7e$er# i% i& liIe7i&e %re %)a% Ino7led(e on %)e 'ar% o+ %)e
maIer or dra7er o+ %)e c)ecI o+ %)e in&?cienc/ o+ )i& +nd&# 7)ic) i& an
e&&en%ial in(redien% o+ %)e oBen&e i& A/ i%&el+ a con%inin( e$en%ali%/#
7)e%)er %)e acc&ed Ae 7i%)in one %erri%or/ or ano%)er. Accordin(l/#
Eri&dic%ion %o %aIe co(ni6ance o+ %)e oBen&e al&o lie& in %)e RTC o+
Pam'an(a.
ii. Diolation of anti.fencing decree
People 0. De (u/man
22: S2)& =#
Actoer 3, 1553
<hird Di0ision% Ditug, 8.
Issue%
I& %)e crime o+ K+encin(L a con%inin( oBen&e %)a% cold allo7 %)e !lin(
o+ an in+orma%ion %)ereo+ in %)e 'lace 7)ere %)e roAAer/ or %)e+% i&
commi%%ed and no% nece&&aril/ 7)ere %)e 'ro'er%/ nla7+ll/ %aIen i& +ond
%o )a$e la%er Aeen ac;iredJ
9eld%
Fencin( i& no% a con%inin( oBen&e. UnliIe roAAer/# 7)ic) i& %)e %aIin(
o+ 'er&onal 'ro'er%/ Aelon(in( %o ano%)er# 7i%) in%en% %o (ain# A/ mean& o+
$iolence a(ain&% or in%imida%ion o+ an/ 'er&on# or &in( +orce 'on an/%)in(#
K+encin(L# i& %)e ac% o+ an/ 'er&on 7)o# 7i%) in%en% %o (ain +or )im&el+ or +or
ano%)er# &)all A/# recei$e# 'o&&e&&# Iee'# ac;ire# conceal# &ell or di&'o&e
o+# or &)all A/ and &ell# or in an/ o%)er manner deal in an/ ar%icle# i%em#
oAEec% or an/%)in( o+ $ale 7)ic) )e Ino7&# or &)old Ae Ino7n %o )im# %o
)a$e Aeen deri$ed +rom %)e 'roceed& o+ %)e crime o+ roAAer/ or %)e+%. T)e
la7 on +encin( doe& no% re;ire %)e acc&ed %o )a$e 'ar%ici'a%ed in %)e
criminal de&i(n %o commi%# or %o )a$e Aeen in an/ 7i&e in$ol$ed in %)e
commi&&ion o+# %)e crime o+ roAAer/ or %)e+%. Nei%)er i& %)e crime o+ roAAer/
or %)e+% made %o de'end on an ac% o+ +encin( in order %)a% i% can Ae
con&mma%ed. Tre# %)e oAEec% 'ro'er%/ in +encin( m&% )a$e Aeen
're$io&l/ %aIen A/ mean& o+ ei%)er roAAer/ or %)e+% A% %)e 'lace 7)ere %)e
roAAer/ or %)e+% occr& i& incon&e;en%ial. I% ma/ no% Ae &((e&%ed# +or
in&%ance# %)a%# in %)e crime o+ Ai(am/ 7)ic) 're&''o&e& a 'rior &A&i&%in(
marria(e o+ an acc&ed# %)e ca&e &)old %)ereA/ Ae %riaAle liIe7i&e a% %)e
'lace 7)ere %)e 'rior marria(e )a& Aeen con%rac%ed.
iii. Estafa through misappropriation
7arrameda 0. 2&
313 S2)& #::
Septemer 2, 1555
<hird Di0ision% (on/aga.)e!es, 8.
'acts%
Acc&ed recei$ed %)e amon% o+ P->#>>> in .a'an %o Ae deli$ered in
%)e P)ili''ine&. W)en &)e me% %)e mo%)er o+ com'lainan% a% %)e NAIA in
Pa&a/ Ci%/# &)e +ailed %o deli$er %)e amon%. T)e neG% da/# %)e mo%)er o+
com'lainan% $i&i%ed )er in San Pedro# La(na# 7)ere acc&ed re&ide&# A% %)e
la%%er &%ill +ailed %o %rn o$er %)e amon%.
Issue%
Doe& %)e RTC o+ Pa&a/ Ci%/ )a$e Eri&dic%ion o$er %)e oBen&eJ
9eld%
Ye&. In all criminal 'ro&ec%ion&# %)e ac%ion &)all Ae in&%i%%ed and %ried
in %)e cor% o+ %)e mnici'ali%/ or %erri%or/ 7)erein %)e oBen&e 7a&
commi%%ed or 7)ere an/ one o+ %)e e&&en%ial in(redien%& %)ereo+ %ooI 'lace.
In %)i& ca&e# %)e demand %o deli$er %)e mone/ 7a& made A/ %)e mo%)er o+
'ri$a%e com'lainan% a% NAIA# 7)ic) i& 7i%)in %)e %erri%orial Eri&dic%ion o+ %)e
RTC o+ Pa&a/ Ci%/.
i0. Estafa through issuance of checB
People 0. (rospe
13: S2)& 13#
8anuar! 26, 1511
Second Di0ision% 4elencio.9errera, 8.
'acts%
Acc&ed i&&ed a PD< 2<lacan3 C)ecI in +a$or o+ S1C# 7)ic) 7a&
recei$ed A/ %)e S1C S'er$i&or a% Gi(in%o# <lacan. T)e c)ecI 7a&
+or7arded %o %)e S1C Re(ional O?ce in Pam'an(a. T)e S1C Finance O?cer
%)en de'o&i%ed %)e c)ecI 7i%) %)e <PI 2Pam'an(a3# 7)ic) i& %)e S1C
de'o&i%or/ AanI. <PI la%er recei$ed a no%ice o+ di&)onor o+ %)e c)ecI +or
Kin&?cienc/ o+ +nd&L +rom PD<.
Issue%
W)ere &)old $ene +or %)e crime o+ e&%a+a %)ro() %)e i&&ance o+
Aoncin( c)ecI Ae laidJ
9eld%
In %)e crime o+ E&%a+a A/ 'o&%da%in( or i&&in( a Aad c)ecI# decei% and
dama(e are e&&en%ial elemen%& o+ %)e oBen&e. Under Sec. 1,# Rle 11># a
'er&on c)ar(ed 7i%) a %ran&i%or/ crime ma/ Ae $alidl/ %ried in an/
mnici'ali%/ or 'ro$ince 7)ere %)e oBen&e 7a& in 'ar% commi%%ed. In
%ran&i%or/ or con%inin( oBen&e& in 7)ic) &ome ac%& ma%erial and e&&en%ial
%o %)e crime and re;i&i%e %o i%& con&mma%ion occr in one 'ro$ince and
&ome in ano%)er# %)e Cor% o+ ei%)er 'ro$ince )a& Eri&dic%ion %o %r/ %)e ca&e.
E&%a+a A/ 'o&%da%in( or i&&in( a Aad c)ecI# ma/ Ae a %ran&i%or/ or
con%inin( oBen&e. I%& Aa&ic elemen%& o+ decei% and dama(e ma/ ari&e
inde'enden%l/ in &e'ara%e 'lace&. In %)i& ca&e# decei% %ooI 'lace in
Pam'an(a# 7)ile %)e dama(e 7a& inNic%ed in <lacan 7)ere %)e c)ecI 7a&
di&)onored A/ %)e dra7ee AanI in %)a% 'lace. .ri&dic%ion ma/# %)ere+ore# Ae
en%er%ained A/ ei%)er %)e <lacan Cor% or %)e Pam'an(a Cor%.
For 7)ile %)e &AEec% c)ecI 7a& i&&ed in <lacan# i% 7a& no%
com'le%el/ dra7n %)erea%# A% in Pam'an(a# 7)ere i% 7a& deli$ered. T)e
deli$er/ o+ %)e in&%rmen% i& %)e !nal ac% e&&en%ial %o i%& con&mma%ion a& an
oAli(a%ion. For al%)o() %)e c)ecI 7a& recei$ed A/ %)e S1C Sale& S'er$i&or
in <lacan# %)a% 7a& no% %)e deli$er/ in con%em'la%ion o+ la7 %o %)e 'a/ee#
S1C. T)&# %)e c)ecI )ad %o Ae +or7arded %o %)e S1C Re(ional O?ce in
Pam'an(a 7)ere %)e S1C Finance O?cer de'o&i%ed i% a% <PI in Pam'an(a.
T)e elemen% o+ decei%# %)ere+ore# %ooI 'lace in Pam'an(a# 7)ere %)e rAAer
c)ecI 7a& le(all/ i&&ed and deli$ered &o %)a% Eri&dic%ion cold 'ro'erl/ Ae
laid 'on %)e Cor% in %)a% locali%/.
c. A@enses aoard pulic 0ehicles
People 0. Panlilio
233 S2)& 363
4arch 25, 155=
'irst Di0ision% 7ellosillo, 8.

'acts%
Acc&ed 'oIed a Ini+e a% a 1>C/ear old c)ild 7)o 7a& 7ai%in( +or a ride
a% 1alin%a# Valen6ela. A+%er 7alIin( 7i%) )er +or &ome %ime# )e ordered %)e
c)ild %o Aoard a Eee'ne/ Aond +or Na$o%a& and %ooI a7a/ )er earrin(&. T)e
c)ild 7a& no% &re 7)e%)er i% 7a& in Valen6ela or &ome o%)er 'lace 7)ere
&)e Aoarded %)e Eee' 7i%) acc&ed. C)ar(ed 7i%) )i()7a/ roAAer/ nder P.D.
-*" Ae+ore %)e RTC o+ Valen6ela# acc&ed claimed lacI o+ Eri&dic%ion.
Issue%
I& %)e acc&ed correc%J
9eld%
Ye&. Sec. 1-2A3# o+ Rle 11> o+ %)e Rle& o+ Cor% 'ro$ide& %)a% K475)ere
an oBen&e i& commi%%ed on a railroad %rain# in an aircra+%# or in an/ o%)er
'Alic or 'ri$a%e $e)icle 7)ile in %)e cor&e o+ i%& %ri'# the criminal action
ma" be instituted and tried in the court of an" municipalit" or territor" where
such train, aircraft or other vehicle passed during such trip, including the
place of departure and arrival. T)e RTC o+ Valen6ela )ad no Eri&dic%ion
Aeca&e %)e com'lainan% cold no% %ell 7)e%)er Valen6ela 7a& %)e 'lace o+
%)eir de'ar%re or %)e mnici'ali%/ 7)ere %)eir Eee' 'a&&ed drin( %)e %ri'.
T)e 'ro&ec%ion +ailed %o e&%aAli&) %)e 'reci&e 'lace 7)ere %)e )i()7a/
roAAer/ 7a& &''o&edl/ commi%%ed o%)er %)an Na$o%a& 7)ere com'lainan%
7a& Aro()% A/ acc&ed.
d. &oard a 0essel on 0o!age
2alme 0. 2&
2=1 S2)& 213
&ugust 36, 155=
'irst Di0ision% ;apunan, 8.
'acts%
Acc&ed 7a& %ried in Oro;ie%a +or Iillin( a 'er&on 7)ile aAoard 1:V
CeA Ci%/# an in%erCi&land 'a&&en(er &)i'# and %)ro7in( )i& Aod/ o$erAoard.
A% %)e %ime o+ %)e inciden%# %)e $e&&el 7a& en ro%e +rom O6ami& %o CeA.
1ore &'eci!call/ i% 7a& aAo% D mile& +rom Si;iEor I&land 7)en %)e ca'%ain
7a& in+ormed %)a% Ka 'a&&en(er Em'ed o$erAoard.L
Issue%
W)ic) cor% )a& %)e %erri%orial Eri&dic%ion o$er %)e crimeJ
9eld%
W)ere %)e crime 7a& ac%all/ commi%%ed i& imma%erial &ince i% i&
ndi&'%ed %)a% i% occrred 7)ile %)e $e&&el 7a& in %ran&i%. KIn %ran&i%L &im'l/
mean& Kon %)e 7a/ or 'a&&a(e9 7)ile 'a&&in( +rom one 'er&on or 'lace %o
ano%)er. In %)e cor&e o+ %ran&'or%a%ion.L 0ence# ndoA%edl/# %)e a''licaAle
'ro$i&ion i& 'ar. 2c3 o+ Sec. 1- 2no7 Sec. 1,3# Rle 11> 7)ic) 'ro$ide& %)a%
K273)ere an oBen&e i& commi%%ed on Aoard a $e&&el in %)e cor&e o+ i%&
$o/a(e# %)e criminal ac%ion ma/ Ae in&%i%%ed and %ried in %)e 'ro'er cor% o+
%)e !r&% 'or% o+ en%r/ or o+ an/ mnici'ali%/ or %erri%or/ %)ro() 7)ic) %)e
$e&&el 'a&&ed drin( &c) $o/a(e &AEec% %o %)e (enerall/ acce'%ed
'rinci'le& o+ in%erna%ional la7.L Oro;ie%a Ci%/ i&# %)ere+ore# a 'ro'er $ene.
,etLs go to some 5P25!17"?S:
F: *re there instances where the crime is committed in this place but the
trial can be filed in another place, other than the place where the crime
was committedO
*: I5S, if the law says so because of the opening clause of paragraph
a) of Section 10 which says, :subject to e@isting laws.9 Meaning, this is
the applicable rule unless other e@isting law says otherwise.
F: %ive instances where the crime maybe committed in one place but
the law provided for a different venue of trial.
*: 1he following:
1. ,ibel under *rticle '/( of +!2, it is to be filed where the
libelous matter was printed or first published, or where the
injured party resides or where he holds office3
&. Sandiganbayan ,aw cases falling under the jurisdiction of the
Sandiganbayan are tried in designated places3
'. Section 0 #), *rticle ;777, 1$.4 2onstitution 1he S2 may
order a change of venue or place of trial to avoid a miscarriage
of justice as what happened in the case of SancheB and Misuari.
1hose are the e@ceptions. *ll the rest covers other cases !aragraph d)
refers to crimes committed on board a !hilippine ship or airplane
abroad. 7t is triable in the !hilippines. Jhere in the !hilippinesO where
the criminal action is first filed.
e. Place of institution in liel
&gustin 0. Pamintuan
#=: S2)& =61
&ugust 22, 2663
Second Di0ision% 2alle"o, Sr., 8.
,uestion%
W)ic) cor% )a& Eri&dic%ion in liAel ca&e&J
&nswer%
Ar%. *8- o+ %)e RPC ma/ Ae &mmari6ed# a& +ollo7&M
1. W)e%)er %)e oBended 'ar%/ i& a 'Alic o?cial or a 'ri$a%e
'er&on# %)e criminal ac%ion ma/ Ae !led in %)e RTC o+ %)e 'ro$ince or
ci%/ 7)ere %)e liAelo& ar%icle i& 'rin%ed and !r&% 'Ali&)ed.
". I+ %)e oBended 'ar%/ i& a 'ri$a%e indi$idal# %)e criminal ac%ion
ma/ al&o Ae !led in %)e RTC o+ %)e 'ro$ince 7)ere )e ac%all/ re&ided
a% %)e %ime o+ %)e commi&&ion o+ %)e oBen&e.
*. I+ %)e oBended 'ar%/ i& a 'Alic o?cer 7)o&e o?ce i& in 1anila
a% %)e %ime o+ %)e commi&&ion o+ %)e oBen&e# %)e ac%ion ma/ Ae !led in
%)e RTC o+ 1anila.
,. I+ %)e oBended 'ar%/ i& a 'Alic o?cer )oldin( o?ce o%&ide o+
1anila# %)e ac%ion ma/ Ae !led in %)e RTC o+ %)e 'ro$ince or ci%/ 7)ere
)e )eld o?ce a% %)e %ime o+ %)e commi&&ion o+ %)e oBen&e.
C! 0. 4ercado
13# S2)& 3=:
Septemer 36, 151:
En 7anc% Per 2uriam
'acts%
For a ne7& ar%icle %)a% a''eared in Tem'o ne7&'a'er# 1amAaAa%a&
PamAan&a Orlando
Dla/ !led a com'lain% +or liAel in CaAarro(i&# @irino Pro$ince# 7)ere )e
re&ide&. 1P Dla/
)eld o?ce in 1anila# 7)ile %)e Tem'o ar%icle 7a& 'Ali&)ed in 1anila.
Issue%
1a/ %)e ca&e Ae !led in @irino Pro$inceJ
9eld%
No. Ar%. *8> o+ %)e Re$i&ed Penal Code on liAel# a& amended A/ R.A.
1"DF and R.A. ,*8*#
'ro$ide& %)a%# 7)ere one o+ %)e oBended 'ar%ie& i& a 'Alic o?cer# %)e ac%ion
&)all Ae !led in
%)e RTC o+ %)e 'ro$ince or ci%/ 7)ere )e )old& o?ce a% %)e %ime o+ %)e
commi&&ion o+ %)e
oBen&e or o+ %)e 'ro$ince or ci%/ 7)ere %)e liAelo& ar%icle 7a& 'rin%ed and
!r&% 'Ali&)ed. T)e
limi%a%ion o+ c)oice o+ $ene i& clearl/ in%en%ed %o minimi6e or limi% %)e !lin(
o+ o%Co+C%o7n
liAel &i%& %o 'ro%ec% %)e alle(ed oBender +rom )ard&)i'# incon$enience# and
)ara&&men% and %o
'ro%ec% %)e in%ere&% o+ %)e 'Alic &er$ice 7)ere one o+ %)e oBended 'ar%ie& i&
a 'Alic o?cer. 0ence# %)e 'ro'er cor% %o )ear %)e liAel ca&e# in %)i&
in&%ance# 7a& ei%)er %)e cor% in @e6on Ci%/ 7)ere +ormer 1P Orlando Dla/
)eld o?ce# or %)e cor% in 1anila 7)ere %)e alle(edl/ liAelo& ma%%er 7a&
'rin%ed and !r&% 'Ali&)ed# A% no% %)e cor% in @irino Pro$ince.
REFERRAL TO THE ,ARANGA+
Cnder the pertinent provisions of the +evised +ules on 2riminal
!rocedure and the ,ocal %overnment 2ode, there are five 0) instances
that may cause the commencement of a criminal action)proceeding:
1) Eirst, by the filing of a written complaint before the barangay
falling within its jurisdiction, as discussed below, for he purpose of
amicable settlement, and in case of failure to arrive at an amicable
settlement, by the filing of the necessary complaint before the
"ffice of the !rosecutor for the conduct of !73
&) Second, by the arrest of the person caught in flagrante delicto
committing a crime, and after custodial investigation is conducted,
the arrested person will be subjected to an inAuest proceeding to
determine whether or not he should be charged before the proper
court3
') 1hird, by virtue of a search warrant issued by the competent court
and implemented by the officers of the law for the search of places
and seiBure of goods or articles of a person for acts or omissions in
violation of the provision of law, and the subseAuent filing of a
criminal complaint for such violation before the <epartment of
>ustice, "ffice of the !rosecutor, for the conduct of the reAuired
preliminary investigation3
#) Eourth, by filing a complaint or worn statement directly with the
<">, +S!, "ffice of the 2ity)!rovincial !rosecutor or the "ffice of
the "mbudsman for the conduct of the reAuired preliminary
investigation, for acts or omission in violation of the penal laws not
falling under the jurisdiction of the barangay under +ule 11& of the
+evised +ules on 2riminal !rocedure3
0) Eifth, by the filing of the information or complaint directly before
the M12 for those cases not reAuiring a !7 nor covered by the
+ules on Summary !rocedure under Sec. $b) of +ule 11&.
1D5 6*1*+C?%*?% !*M-*+*?%*I ,*J +* 41/(
1he first instance which might lead to the commencement of a
criminal case)proceeding is by the filing of a written complaint before
the barangay for acts or omissions in violation of law against the right
and interest of a person, and which fall within the jurisdiction of the
barangay for the purpose of an amicable settlement)conciliation. 7n
case of failure to arrive at an amicable settlement, the aggrieved party
may then file a corresponding complaint before the "ffice of the
!rosecutor for the conduct of a !7.
!urpose of the law:
1he primordial objective of !< 10(. the 6atarungang !ambarangay
,aw), now included under +* 41/( 1he ,ocal %overnment 2ode of
1$$1), is to reduce the number of court litigations and prevent the
deterioration of the Auality of justice which has been brought about
by the indiscriminate filing of cases in the courts. 1o attain this
objective, Sec. #1&a) of +* 41/( reAuires the parties to undergo a
conciliation process before the ,Cpon 2hairman or the !ang8at as a
precondition to filing a complaint in court.*velina Mamora, et al., vs.
Deirs of 2armen 7BAuierdo, %+ ?o. 1#/1$0, ?ov. 1.,&((#)
%eneral rule:
7t is clearly mandated by Section #1&a) of +* 41/( that no
complaint, petition, or action shall be filed directly or indirectly in
court or any government office for adjudication without first referring
the same with the ,upon falling within its authority for purposes of
conciliation.
%uidelines on the 6atarungang !ambarangay 2onciliation
!roceedings pursuant to *dm. 2irc. ?o. 1#=$'
*ll disputes are subject to -arangay conciliation pursuant to the
+evised 6atarungang !ambarangay ,aw formerly !< 10(., repealed
and now replaced by Secs. '$$=#&&, 2hapter ;77, 1itle 7, -oo8 777,
and Sec. 010, 1itle 7, -oo8 7;, +* 41/(, otherwise 8nown as the
,ocal %overnment 2ode of 1$$1(, *?< !+7"+ +52"C+S5
1D5+51" 7S * !+5=2"?<717"? -5E"+5 E7,7?% filing a
complaint in court or any government offices.
<uty of the >udge to Monitor 2ompliance
*ll complaints and)or informations filed or raffled to your sala)branch
of the +12, Me12, or M12 shall be carefully read and scrutiniBed to
determine if there has been a compliance with prior -arangay
conciliation procedure under the +evised 6atarungang !ambarangay
,aw and its 7++, as a pre=condition to judicial action, particularly
whether the certification to file action attached to the records of the
case comply with the reAuirements.
Substantial 2ompliance
Milagros %. ,umbuan vs. *lfredo *. +onAuillo, %+ ?o. 10041',
May 0,&((/
Dere, the ,upon)!ang8at 2hairman and ,upon)!ang8at Secretary
signed the 2ertificate 1o Eile *ction stating that no settlement was
reached by the parties. Jhile admittedly no pang8at was constituted,
it was not denied that the parties met at the office of the -arangay
2hairman for possible settlement. 1he efforts of the -arangay
2hairman, however, proved futile as no agreement was reached.
*lthough no pang8at was formed, in our mind, there was substantial
compliance with the law. 7t is noteworthy that under the aforeAuoted
provision, the confrontation before the ,upon 2hairman or the
pang8at is sufficient compliance with the pre=condition for the filing
of the case in court. 1his is the truth notwithstanding the mandate of
Sec. #1(b) of the same law that the -arangay 2hairman shall
constitute a pang8at if he fails in his mediation efforts. Sec. #1(b)
should be construed together with Section #1&, as well as the
circumstances obtaining in and peculiar to the case. "n this score, it is
significant that the -arangay 2hairman or !unong -arangay is herself
the 2hairman of the ,upon under the ,ocal %overnment 2ode.
5@ceptions
Sec. #(. of +* 41/( enumerates the e@ceptions, thus:
1) where one party is the government, or any subdivision or
instrumentality thereof3
&) Jhere one party is a public officer or employee, and the dispute
relates to the performance of his official functions3
') "ffenses punishable by imprisonment e@ceeding one 1) year or a
fine e@ceeding Eive thousand pesos !0,(((.(()3
#) "ffenses where there is no private offended party3
0) Jhere the dispute involves real properties located in different
cities or municipalities unless the parties thereto agree to submit
their differences to amicable settlement by an appropriate lupon3
/) <isputes involving parties who actually reside in barangays of
different cities or municipalities, e@cept where such barangay units
adjoin each other and the parties thereto agree to submit their
differences to amicable settlement by an appropriate lupon3
4) Such other classes of disputes which the !resident may determine
in the interest of justice or upon the recommendation of the
Secretary of >ustice.
Eurther, Sec. #1&b) provides:
:Jhere parties may go directly to court. 1he parties may go
directly to court in the following instances:
1) Jhere the accused is under detention3
&) Jhere a person has otherwise been deprived of personal liberty
calling for habeas corpus proceedings3
') Jhere actions are coupled with provisional remedies, such as
preliminary injunction, attachment, delivery of personal
property, and support pendent lite3 and
#) Jhere the action may otherwise be barred by the statute of
limitations.
"ther instances pursuant to *dm. 2ircular. ?o. 1#=$'
1) "ffenses for which the law prescribes a ma@imum penalty of
imprisonment e@ceeding one 1) year or a fine over
!0,(((.((3
&) "ffenses where there is no private offended party3
') <isputes where urgent legal action is necessary to prevent
injustice from being committed or further continued,
specifically the following:
a) 2riminal cases where accused in under police custody or
detention See Sec. #1& GbH1, +evised 6atarungang
!ambarangay ,aw)3
b) !etitions for habeas corpus by a person illegally deprived
of his rightful custody over another or a person illegally
deprived of his liberty or one acting in his behalf.
#) *ctions coupled with provisional remedies such as prelim.
7njunction, attachment, delivery of personal property and
support pendent lite3 and
0) *ctions which may be barred by the Statute of ,imitations
;enue
Sec. #($ +* 41/(:
<isputes between or among persons actually residing in the same
barangay shall be brought for amicable settlement before the
,upon of said barangay.
1hose involving actual residents of different barangays within the
same city or municipality shall be brought in the barangay where
the respondent or any of the respondents actually resides, at the
election of the complainant.
Dowever, all disputes which involve real property or any interest
therein shall be brought in the barangay where the real property or
any part thereof is situated.
*lso, those arising at the wor8place where the contending are
employed or at the institution where such parties are enrolled for
study, shall be brought in the barangay where such wor8place or
institution is located.
Suspension of !rescriptive !eriod of "ffenses
Jhile the dispute is under mediation, conciliation, or arbitration,
the prescriptive periods for offenses and cause of action under
e@isting laws shall be interrupted upon filing of the complaint with
the punong barangay. 1he prescriptive periods shall resume upon
receipt by the complainant of the complaint or the certificate of
repudiation or of the certification to file action issued by the lupon
or pang8at secretary3 !rovided, however, 1hat such interruption
shall not e@ceed si@ty /() days from the filing of the complaint
with the punong barangay.
!ersons ?ot 2overed by -arangay ,aw
1he above=cited provision of law applies only to cases involving
natural persons, and not where any of the parties is a juridical
person such as corporation, partnership, corporation sole, testate or
intestate estate. 1he S2 in the case of ;da. <e -orromeo vs.
!ogoy, 1&/ S2+* &14, has already ruled that: :Since the real party
in interest in this case is the intestate estate which is a juridical
person, the plaintiff administrator may file the complaint in court
without the same being coursed to the barangay lupon for
arbitration.9
!ersonal *ppearance of !arties
1he parties must appear in person without the assistance of counsel
or representative, e@cept for minor and incapacitated. Sec. #10)
*ction of 2ourt 7n 2ase of ?on=2ompliance
* case filed in court without compliance with prior -arangay
conciliation which is a pre=condition for formal adjudication Sec.
#1&a) of the +evised 6atarungang !ambarangay ,aw) may be
dismissed upon motion of defendant)s, not for lac8 of jurisdiction
of the court but for failure to state a cause of action or prematurity.
+oyales vs. 7*2, 1&4 S2+* #4(3 %onBales vs. 2*, 101 S2+*
&.$), or the court may suspend proceedings upon petition of any
party under Sec. 1, +ule &1 of the +ules of 2ourt3 and refer the
case motu proprio to the appropriate -arangay authority applying
by analogy Sec. #(.GgH, &
nd
par. "f the +evised 6at. !am. ,aw.
*dm. 2ir. 1#=$')
5ffect of ?on=+eferral
7t is well=settled that the non=referral of a case for barangay
conciliation when so reAuired under the law is not jurisdictional in
nature and may therefore be deemed wiaved if not raised
seasonably in a motion to dismiss -anares 77 vs. -alisisng, et al.,
%+ ?o. 1'&/&#, March 1', &((()
5ffect of *micable Settlement and *rbitration *ward
Such amicable settlement and arbitration award entered into by the
parties has the force and effect of a final judgment of a court after
1( days from its date, unless repudiated. Sec. #1/) or unless a
petition to nullify the award has been filed before the proper court.
Fuiros, et al., vs. *rjona, et al., %+ ?o. 10.$(1, March $, &((()
%rounds for +epudiation
Jhen the consent is vitiated by force, violence or intimidation.
2ourt with >urisdiction "ver !etition to ?ullify the *ward
!roper city or municipal court
5@ecution of *micable Settlement or *rbitration *ward
1o be enforced by the lupon within / months from the date of the
settlement. *fter the lapse of said period, by action in the
appropriate city or municipal court.
+epudiation "f 1he Settlement
*n amicable settlement may be repudiated by any of the parties to
the case within 1( days from the date of the settlement by filing a
sworn statement with the lupon chairman and such repudiation
shall be sufficient basis for the issuance of the certification to file
action Sec. #1.)
Eiling of 2omplaint Eor !7
7n case of failure of the parties to arrive at an amicable settlement
during the barangay conciliation, and a corresponding certificate to
file action is issued, a written complaint or sworn statement may
now be filed before the "ffice of the !rosecutor for the purpose of
!7 in accordance with the provisions of +ule 11& of the +evised
+ules on 2riminal !rocedure.
C.FILING OF INFORMATION)COMPLAINT .RULE //01
+ule 11(
!+"S52C17"? "E "EE5?S5S
F: Dow are criminal cases or actions institutedO
*: Section 1, +ule 11(.
S5217"? 1. 7nstitution of criminal actions. 2riminal
actions shall be instituted as follows:
a) Eor offenses where a preliminary investigation is
reAuired pursuant to section 1 of +ule 11&, by filing the
complaint with the proper officer for the purpose of
conducting the reAuisite preliminary investigation.
b) Eor all other offenses, by filing the complaint or
information directly with the Municipal 1rial 2ourts and
Municipal 2ircuit 1rial 2ourts, or the complaint with the
office of the prosecutor. 7n Manila and other chartered cities,
the complaints shall be filed with the office of the prosecutor
unless otherwise provided in their charters.
1he institution of the criminal action shall interrupt the
running of the period of prescription of the offense charged
unless otherwise provided in special laws. 1a)
F: 7s there a difference between commencement of criminal action and
institution of criminal actionO
*: Ies. Jhen you say :commencement9, generally it is already in the
court once it is filed in court. -ut :institution9 is earlier. Jhen you file a
complaint with the fiscalLs office, it is already an institution.
9ow 2riminal 2ases are Instituted
1. 'or o@enses where a preliminar! in0estigation is re?uired%
</ !lin( %)e com'lain% 7i%) %)e 'ro'er o?cer +or %)e 'r'o&e o+
condc%in( %)e re;i&i%e 'reliminar/ in$e&%i(a%ion
2. 'or all other o@enses%
1. In 1anila and o%)er C)ar%ered Ci%ie&M
(eneral )ule T </ !lin( %)e com'lain% 7i%) %)e o?ce o+ %)e
'ro&ec%or
E*ception T I+ %)eir c)ar%er& 'ro$ide o%)er7i&e# A/ !lin( %)e
com'lain% 7i%) %)e o?ce 'ro$ided %)erein
". In all o%)er 'lace&M
C </ !lin( %)e com'lain% or in+orma%ion direc%l/ 7i%) %)e 1TC# or
C </ !lin( %)e com'lain% 7i%) %)e o?ce o+ %)e 'ro&ec%or.
Whether or not the 'iling of the 2omplaint Interrupts the )unning of
the Prescripti0e Period of the 2rime
C (eneral rule
Ye&
C E*ception
I+ 'ro$ided o%)er7i&e in &'ecial la7&
1.When o@ended part! does not initiate
Sala/ar 0. People,
351 S2)& 1=2
Septemer 16, 2662,
<hird Di0ision% Puno, 8.
'acts%
T)e %rial cor% con$ic%ed acc&ed o+ e&%a+a A% )eld %)a% %)e 'ar%/
'reEdiced A/ )er ac% 7a& no% %)e com'lainan% A% ano%)er 'er&on.
Issue%
Con&iderin( %)a% %)e oBended 'ar%/ 7a& no% %)e one 7)o in&%i%%ed %)e
ac%ion Ae+ore %)e o?ce o+ %)e 'ro&ec%ion# &)old %)e acc&ed Ae ac;i%%edJ
9eld%
No. T)e Kcom'lain%L re+erred %o in Rle 11> con%em'la%e& one %)a% i&
!led in cor% %o commence a criminal ac%ion in %)o&e ca&e& 7)ere a
com'lain% o+ %)e oBended 'ar%/ i& re;ired A/ la7# in&%ead o+ an in+orma%ion
7)ic) i& (enerall/ !led A/ a !&cal. I% i& no% nece&&ar/ %)a% %)e 'ro'er
KoBended 'ar%/L !le a com'lain% +or 'r'o&e& o+ 'reliminar/ in$e&%i(a%ion A/
%)e !&cal. T)e rle i& %)a% nle&& %)e oBen&e &AEec% o+ %)e com'lain% i& one
%)a% canno% Ae 'ro&ec%ed de o7cio, an/ com'e%en% 'er&on ma/ !le a
com'lain% +or 'reliminar/ in$e&%i(a%ion. I+ a com'lain% i& !led direc%l/ in
cor%# %)e &ame m&% Ae !led A/ %)e oBended 'ar%/ and in ca&e o+ an
in+orma%ion# %)e &ame m&% Ae !led A/ %)e !&cal. 0o7e$er# a Kcom'lain%L
!led 7i%) %)e !&cal 'rior %o a Edicial ac%ion ma/ Ae !led A/ an/ 'er&on.
F: 7s preliminary investigation reAuired in all criminal casesO
*: %enerally, all +12 cases reAuire preliminary investigation
because they have jurisdiction over offenses where the imposable
penalty e@ceeds / years. -ut right now under the new rules, some cases
triable by the M12 may also reAuire preliminary investigation li8e those
punishable by imprisonment # years two months and one day up to /
years.
Cnder Section 1, from the moment you file a complaint with the proper
officer for the purpose of conducting a preliminary investigation, it is
already institution.
F: Dow about those other offenses which <" ?"1 reAuire preliminary
investigationO
*: Cnder the new rules, these are the offenses where the
imposablepenalty is # years and & months and below which are also
triable by the M12. 7f the penalty is # years, & months and 1 day, it
reAuires preliminary investigation.)
F: Dow do you institute themO ,i8e slight physical injuriesW
*: Iou have two &) options:
1. Eile a complaint with the prosecutorLs office in the city or
provincial who will now file the case in court3 or
&. -y direct filing. Iou can file the complaint directly to the
M12.7n municipalities, police officers do the filing.
Dowever in Metro Manila and other chartered cities, the complaint
shall always be filed with the office of the prosecutor unless the charter
of the city provides otherwise.
1he institution of the criminal action shall interrupt the
running of the period of prescription of the offense charged
unless otherwise provided in special laws. last paragraph,
Section 1, +ule 11()
FC5S17"?: <oes the filing of the complaint with the prosecutorLs
office interrupt the running of the prescriptive period of the crimeO
7n the old case of !eople vs. del +osario 1$/#), S2: ?o. Jhen a
complaint is filed in the municipal court only for the purpose of
preliminary investigation, it does not interrupt the running of the
prescriptive period. Jhat interrupts is the filing of the complaint in court
which has jurisdiction to try the case.
1hat is reiterated ' years later in the case of !eople vs. 2oAuia. 1he
S2 modified it in the case of !eople vs. "larte where a complaint for
murder is filed in the M12 for preliminary investigation. 1he issue is: 7s
the running of the prescriptive period interruptedO S2: Ies, abandoning
the case of 2oAuia and del +osario. JhyO -ecause the !enal 2ode says,
the filing of the complaint interrupt the running of the prescriptive
period. *rticle $1 of the +!2 does not distinguish whether the filing is
for trial or merely for preliminary investigation. Dowever the S2 said
here, the complaint is filed in court for preliminary investigation. 7f it is
filed in the fiscalLs office also for preliminary investigation, Dindi Gdoes
not interruptHVV :2ourt9 not :Eiscal9. 1hat is the original ruling.
Dowever in 1$.' in the case of Erancisco vs. 2*, the S2 made it total
na: the filing of the complaint whether in the M12 or the fiscalLs office
for preliminary investigation is sufficient to interrupt the running of the
prescriptive period. Dowever, in 1$.0 when the rules were revised, the
S2 rejected the ruling in the Erancisco case: the filing of the complaint
in the fiscalLs office does not interrupt the running of the prescriptive
period. -ut in 1$.., in=amend na naman ang rules: the filing of the
complaint in the fiscalLs office is sufficient to interrupt the running of the
prescriptive period.
2.E@ect on prescription
a. 'iling with the A$ce of the Amudsman
Hlenes 0. Dicdican
2=6 S2)& 26:
8ul! 31. 155=
En 7anc% Da0ide, 8r. 8.
Issue%
Doe& %)e !lin( o+ %)e com'lain% +or (ra$e &lander a(ain&% a 'Alic
o?cer 7i%) %)e O?ce o+ %)e OmAd&man +or 'reliminar/ in$e&%i(a%ion &%o'
%)e rnnin( o+ %)e 're&cri'%i$e 'eriodJ
9eld%
Ye&. T)e OmAd&man )a& %)e a%)ori%/ %o condc% 'reliminar/
in$e&%i(a%ion a(ain&% a 'Alic o?cer +or (ra$e oral de+ama%ion. T)i& a%)ori%/
eG%end& %o com'lain%& !led 7i%) %)e O?ce o+ %)e OmAd&man a(ain&% 'Alic
o?cer& and em'lo/ee& +or 'r'o&e& o+ 'reliminar/ in$e&%i(a%ion.
Accordin(l/# %)e !lin( o+ %)e com'lain% +or (ra$e oral de+ama%ion 7i%) %)e
OmAd&man %olled %)e rnnin( o+ %)e 'eriod o+ 're&cri'%ion o+ %)e &aid
oBen&e.
"ffenses under the +ules on Summary !rocedure
M*,<7;7* vs. +5I5S S+.
&11 S2+* &44
E*21S: 7t was a violation of a municipal ordinance. *rresto
Menor is the imposable penalty. *fter being filed at the fiscalLs
office the fiscal too8 his time because according to him: the
filing of the case with the fiscalLs office is sufficient to interrupt
the running of the prescriptive period.
1he information was filed in court only after ' months. So
the accused filed a motion to Auash on ground of prescription.
1he Eiscal opposed arguing that Jhen the case is filed with the
fiscalLs office, the running of prescriptive period is interruptedV9
D5,<: Iou fiscal) are wrong. 1he filing of this case before
your office did not interrupt the running of the prescriptive
period. Iou should have filed that on time before the court.
+5*S"?: Iou loo8 at the first paragraph of Section 1 1$..
+ules): :in cases not covered by the +ules of Summary
!rocedureW9 So, that rule only applies in cases not covered by
the Summary +ules. -ut the case at bar is covered by the
Summary +ules precisely because it is only arresto menor.
1herefore, when the case is covered by the +ules of Summary
!rocedure, the filing of the case with the fiscalLs office does not interrupt
the running of the prescriptive period Maldivia vs. +eyes, >r, &11 S2+*
&44). 7t should be the filing of the case before the court which will
interrupt. -ut in the 1$$. case of
+5"<72* vs. 2"C+1 "E *!!5*,S
&$& S2+* .4, <avide, >r. >. choyV)
E*21S: 1he charge here was slight physical injuries through
rec8less imprudence which is actually punishable by arresto
menor. 7t was filed with the fiscalLs office within & months but it
was filed in the court beyond & months. *nd definitely, it is
covered by the Summary !rocedure. 7n Maldivia case, the filing
in the fiscalLs office does not interrupt the running of the
prescriptive period.
?"15: +emember, the case of Maldivia involved a violation
of an ordinance.
D5,<: -ut in the case at bar, this is a felony under the !enal
2ode. G<ean 7: %inawan pa ng distinctionVH 7f it is a felony, the
filing with the fiscalLs office is sufficient to interrupt the running
of the prescriptive period even if it is covered by the Summary
+ules. -ut, if it is a light offense punished by a special law li8e
an ordinance and therefore covered by the Summary +ules, then
the filing in the fiscalLs office does not interrupt the running of
the prescriptive period.
So why the distinction in the rulings when both are covered by the
+ules on Summary !rocedureO 1he S2 cited *ct ''&/ which is the law
governing prescription of crimes punished by special laws. Jhereas,
*rticle $( of the +!2 refers to prescription of felonies under the !enal
2ode. *nd under *ct ''&/, it is very clear that the prescription period
for the crime punished by a special law) is interrupted only upon
judicial proceeding filing in the court.
1he S2 said: 1he revised rules of Summary !rocedure :cannot be ta8en
to mean that the prescriptive period is interrupted only by the filing of a
complaint or information directly with said courts. 7t must be stressed
that prescription in criminal cases is a matter of substantive law.
!ursuant to Section 00), *rticle ;777 of the 2onstitution, this 2ourt, in
the e@ercise of its rule=ma8ing power, is not allowed to diminish,
increase or modify substantive rights. Dence, in case of conflict between
the +ule on Summary !rocedure promulgated by this 2ourt and the
+evised !enal 2ode, the latter prevails.9 +eodica vs. 2*, supra)
Jas the Malidivia ruling reversedO
S2: ?oV Je never reversed Maldivia. :?either does Maldivia control in
this instance. 7t must be recalled that what was involved therein was a
violation of a municipal ordinance3 thus, the applicable law was not
*rticle $1 of the +evised !enal 2ode, but *ct. ?o. ''&/, @ @ @ @ @
Cnder, Section & thereof, the period of prescription is suspended only
when judicial proceedings are instituted against the guilty party.
*ccordingly, this 2ourt held that the prescriptive period was not
interrupted by the filing of the complaint with the "ffice of the
!rovincial !rosecutor, as such did not constitute a judicial proceeding3
what could have tolled the prescriptive period there was only the filing
of the information in the proper court. 7n the instant case, as the offenses
involved are covered by the +evised !enal 2ode, *rticle $1 thereof and
the rulings in Erancisco and 2uaresma apply. 1hus, the prescriptive
period for the Auasi offenses in Auestion was interrupted by the filing of
the complaint with the fiscalXs office three days after the vehicular
mishap and remained tolled pending the termination of this case. Je
cannot, therefore, uphold petitionerXs defense of prescription of the
offenses charged in the information in this case9 +eodica vs. 2*,
supra).
:1he prosecution for violation of special laws shall be
governed by the provision thereof. n)9
c.Where court has no "urisdiction
&ramulo 0. Ha?ui
3#2 S2)& :#6
Actoer 12, 2666
<hird Di0ision% (on/aga.)e!es, 8.
'acts%
A com'lain% +or 7ri%%en liAel 7a& !led 7i%) %)e Ci%/ Pro&ec%ion O?ce.
A+%er condc%in( 'reliminar/ in$e&%i(a%ion and !ndin( 'roAaAle ca&e# %)e
'ro&ec%or erroneo&l/ !led %)e in+orma%ion Ae+ore %)e 1TC# in&%ead o+ %)e
RTC. A+%er a demrrer %o e$idence !led A/ acc&ed# %)e 1TC di&mi&&ed i% +or
lacI o+ Eri&dic%ion.
Issues%
Did %)e 'eriod o+ 're&cri'%ion con%ine %o rn 7)ile %)e ca&e 7a&
'endin( 7i%) %)e 1TC 7)ic) )a& no Eri&dic%ion o$er %)e oBen&eJ
9eld%
No. W)en %)e Ci%/ Pro&ec%or recommended %)e !lin( o+ liAel c)ar(e&
a(ain&% acc&ed# %)e 'roceedin(& a(ain&% +er 7ere no% %ermina%ed# 'reci&el/
Aeca&e a prima facie ca&e +or liAel 7a& +ond a(ain&% )er. T)e re&ol%ion o+
%)e ci%/ 'ro&ec%or ac%all/ direc%ed %)e con%ina%ion o+ %)e 'roceedin(& A/
%)e !lin( o+ %)e a''ro'ria%e in+orma%ion a(ain&% )er and A/ %)e )oldin( o+
%rial on %)e meri%&. A& &c)# 7)en %)e in+orma%ion +or liAel 7a& !led 7i%) %)e
1TC# %)e 'eriod o+ 're&cri'%ion +or %)e crime 7a& &%ill &&'ended.
I% i& nE&% %o de'ri$e %)e inEred 'ar%/ o+ %)e ri()% %o oA%ain $indica%ion
on accon% o+ dela/& %)a% are no% nder )i& con%rol. T)i& i& Aeca&e in
criminal 'ro&ec%ion&# %)e onl/ %)in( %)a% %)e $ic%im o+ %)e oBen&e ma/ do on
)i& 'ar% %o ini%ia%e %)e 'ro&ec%ion i& %o !le %)e re;i&i%e com'lain%. In %)i&
ca&e# com'lainan%& 7ere no% remi&& in %)eir ri()% %o &eeI redre&& a(ain&%
acc&ed a& %)e/ !led %)eir com'lain% Ae+ore %)e ci%/ 'ro&ec%or ," da/& a+%er
%)e alle(ed crime o+ liAel occrred. I% 7a& 'ro&ec%or 7)o commi%%ed an error
7)en )e !led %)e com'lain% 7i%) %)e 1TC.
S52. &. 1he complaint or information 1he complaint or
information shall be in writing, in the name of the !eople of
the !hilippines and against all persons who appear to be
responsible for the offense involved &a)
1he complaint referred to in +ule 11( contemplates one
that is filed in court to commence a criminal action in those
cases where a complaint of the offended party is reAuired by
law, instrad of an information which is generally filed by a
fiscal. 77 +egalado, +emedial ,aw 2ompendium &&$=&'(
G1$$0H). 7t is not necessary that the proper offended party file
a complaint for purposes of preliminary investigation by the
fiscal. .the rule is that unless the offense subject of the
complaint is one that cannot be prosecuted de officio, any
competent person may file a complaint for preliminary
investigation. 5barle, et al., vs. Don. Sucaldito, et al., 10/
S2+* .(', .1$ G1$.4H)
F: Dow do you file a complaintO
*: 1he complaint shall be in writing in the name of the !eople of the
!hilippines and against all persons who appear to be responsible for the
offense involved.
F: Jhat happens if the criminal complaint or information is filed in
the name of the private complainantO
*: *ccording to the S2, the complaint is defective. 7t cannot be
Auashed but it is only a formal defect. 7n case it proceeds to trial, it
should be corrected but it is not really a fatal mista8e. 7t can be cured at
any stage of the action by amending the information or even if it is not
cured, there is a valid judgment. 7f you are found guilty, it shall not be
voided merely because the title is defective. 7t will not invalidate the
proceedings.
?ow the law says, :against all who appear to be responsible.9
Meaning, it is the sworn duty of a policeman or fiscal to file a case
against all who appear to be responsible. 7t does not say who are guilty.
Section & enumerates the common features of a complaint and
information, while Sections ' and # distinguish them.
)e?uirements of 2omplaint or Information
a. In 7ri%in(#
A. In %)e name o+ %)e Peo'le o+ %)e P)ili''ine&# and
c. A(ain&% all 'er&on& 7)o a''ear re&'on&iAle +or %)e oBen&e in$iol$ed
1. Determination of who to charge
a. Discretion of the prosecutor
Socrates 0. Sandigana!an
233 S2)& ::3
'eruar! 26, 155=
Second Di0ision% )egalado, 8.
,uestiion%
W)o )a& %)e di&cre%ion 7)om %o c)ar(e in %)e in+orma%ionJ
&nswer%
T)e PAlic Pro&ec%or. Under Sec "# Rle 11> o+ %)e Rle& on Criminal
Procedre# all criminal ac%ion& m&% Ae commenced ei%)er A/ com'lain% or
in+orma%ion in %)e name o+ %)e Peo'le o+ %)e P)ili''ine& Ka(ain&% all 'er&on&
7)o a''ear %o Ae re&'on&iAle +or %)e oBen&e in$ol$ed.L T)e la7 maIe& i% a
le(al d%/ +or 'ro&ec%in( o?cer& %o !le %)e c)ar(e& a(ain&% 7)om&oe$er %)e
e$idence ma/ &)o7 %o Ae re&'on&iAle +or an oBen&e. T)i& doe& no% mean#
)o7e$er# %)a% %)e/ &)all )a$e no di&cre%ion a% all9 %)eir di&cre%ion lie& in
de%erminin( 7)e%)er %)e e$idence &Ami%%ed E&%i+/ a rea&onaAle Aelie+ %)a%
a 'er&on )a& commi%%ed an oBen&e. W)a% %)e rle demand& i& %)a% all
'er&on& 7)o a''ear re&'on&iAle &)all Ae c)ar(ed in %)e in+orma%ion# 7)ic)
con$er&el/ im'lie& %)a% %)o&e a(ain&% 7)om no &?cien% e$idence o+ (il%
eGi&%& are no% re;ired %o Ae inclded.
. 2ourt order to include other persons
&lon/o 0. 2onception
##1 S2)& 325
8anuar! 2:, 2663
Second Di0ision% Puno, 8.
Issue%
1a/ an RTC Ed(e order %)e Pro&ec%or %o amend an in+orma%ion in a
ca&e 'endin( Ae+ore %)e cor% +or %)e 'r'o&e o+ incldin( cer%ain 'er&on&
7)om %)e Ed(e Aelie$e& are al&o re&'on&iAle +or a crimeJ
9eld%
No. Sc) an orde doe& $iolence %o %)e 'rinci'le o+ &e'ara%ion o+ 'o7er&
en&)rined in %)e Con&%i%%ion. In a cla&) o+ $ie7& Ae%7een %)e Ed(e 7)o did
no% in$e&%i(a%e and %)e 'ro&ec%or 7)o did# or Ae%7een %)e !&cal and %)e
oBended 'ar%/ or %)e acc&ed# %)a% o+ %)e 'ro&ec%orP& &)old normall/
're$ail.
I+ %)i& 7ere allo7ed# i% 7old Ae %an%amon% %o &A&%i%%in( %)e Ed(eP&
di&cre%ion 7i%) %)a% o+ %)e 'ro&ec%orP& on %)e ma%%er o+ 7)a% crime i& %o Ae
!led in cor%. T)e ;e&%ion o+ in&%i%%in( a criminal c)ar(e i& one addre&&ed
%o %)e &ond di&cre%ion o+ %)e in$e&%i(a%in( Fi&cal. T)e in+orma%ion )e lod(e&
in cor% m&% )a$e %o Ae &''or%ed A/ +ac%& Aro()% aAo% A/ an in;ir/
made A/ )im. I% &%and& %)en %o &a/ %)a% in a cla&) o+ $ie7& Ae%7een %)e
Ed(e 7)o did no% in$e&%i(a%e and %)e !&cal 7)o did# or Ae%7een %)e !&cal
and %)e oBended 'ar%/ or %)e de+endan%# %)o&e o+ %)e Fi&calP& &)old
normall/ 're$ail. In %)i& re(ard# )e canno% ordinaril/ Ae &AEec% %o dic%a%ion.
F: Dow do you define complaintO
*: Section ', +ule 11(:
S52. '. 2omplaint defined. * complaint is a sworn
written statement charging a person with an offense,
subscribed by the offended party, any peace officer, or other
public officer charged with the enforcement of the law
violated. ')
Elements of a 2omplaint
a. I% i& a &7orn 7ri%%en &%a%emen%#
. I% m&% c)ar(e a 'er&on 7i%) an oBen&e# and
c. I% m&% Ae &A&criAed A/M
C %)e oBended 'ar%/#
C an/ 'eace o?cer# or
C o%)er 'Alic o?cer c)ar(ed 7i%) %)e en+orcemen% o+ %)e la7
$iola%ed
1.2omplaint fled in court
Earle 0. Sucaldito
13= S2)& 161
Decemer 25, 151:
Second Di0ision% Sarmiento, 8.
Issue%
1a/ %)e An%iCGra+% Lea(e o+ %)e P)ili''ine& !le a com'lain% a(ain&% a
'Alic o?cial Ae+ore %)e O?ce o+ %)e Pro&ec%ion +or $iola%ion o+ %)e An%iC
Gra+% and Corr'% Prac%ice& Ac% +or %)e 'r'o&e o+ 'reliminar/ in$e&%i(a%ionJ
9eld%
Ye&. A com'lain% +or 'r'o&e& o+ 'reliminar/ in$e&%i(a%ion A/ %)e !&cal
need no% Ae !led A/ %)e KoBended 'ar%/.L T)e Kcom'lain%L re+erred %o in Rle
11># Sec. *# con%em'la%e& one !led in cor%# no% 7i%) %)e !&cal. In %)a% ca&e#
%)e 'roceedin( m&% Ae &%ar%ed A/ %)e a((rie$ed 'ar%/ )im&el+. A criminal
ac%ion i& commenced A/ com'lain% or in+orma%ion# Ao%) o+ 7)ic) are !led in
cor%. In ca&e o+ a com'lain%# i% m&% Ae !led A/ %)e oBended 'ar%/9 7i%)
re&'ec% %o an in+orma%ion# i% i& %)e !&cal 7)o !le& i%. <% a Kcom'lain%L !led
7i%) %)e !&cal 'rior %o a Edicial ac%ion ma/ Ae !led A/ an/ 'er&on.
".Dalue of allegation in complaint
People 0. 4ende/
33# S2)& 16=
En 7anc% (on/aga.)e!es, 8.
Issue%
1a/ an acc&ed Ae con$ic%ed o+ ra'e KA/ mean& o+ +orceL# a& &%a%ed in
%)e com'lain%# 7)ere %)e in+orma%ion c)ar(in( )im o+ %)e oBen&e +ailed %o
alle(ed &c) +ac%J
9eld%
A& a (eneral rle# no. 0o7e$er # in %)i& ca&e# %)e com'lain% !led A/ %)e
$ic%im 2+or 'r'o&e& o+ 'reliminar/ in$e&%i(a%ion3 eG're&&l/ alle(ed %)a% %)e
ra'e 7a& commi%%ed A/ Kmean& o+ +orce.L In ca&e o+ $ariance Ae%7een %)e
com'lain% !led A/ %)e oBended 'ar%/ and %)e in+orma%ion in crime& a(ain&%
c)a&%i%/# %)e com'lain% con%rol&. A% %)e o%&e%# acc&ed cold alread/
a&cer%ain %)a% )e 7a& Aein( acc&ed o+ ra'e commi%%ed %)ro() +orce# a
c)ar(e %)a% &?cien%l/ com'lie& 7i%) %)e re;iremen%& o+ %)e la7.
F: Suppose a complaint is filed but it was not sworn to or signed, is it
validO
*: 1he S2 said, it is a formal defect. 7t can be cured. %enerally, the
signature is not needed.
F: Dow do you define informationO
*: Section #, +ule 11(:
S52. #. 7nformation defined. *n information is an
accusation in writing charging a person with an offense,
subscribed by the prosecutor and filed with the court. #a)
Elements of an Information
a. I% i& an acc&a%ion in 7ri%in(#
A. I% m&% c)ar(e a 'er&on 7i%) an oBen&e#
c. I% m&% Ae &A&criAed A/ %)e 'ro&ec%or# and
d. I% m&% Ae !led 7i%) %)e cor%.
1.Information not under oath
7s the information reAuired to be sworn toO
1here is no reAuirement that the information be sworn to.
"therwise, the rules would have so provided as it does in a
complaint which is defined as a sworn written statement charging a
person with an offense, subscribed by the offended party, any
peace officer, or other public officer charged with the enforcement
of the law violated.9 Sec. ', +ule 11(, +evised +ules of 2riminal
!rocedure) 7n a case we ruled that the information need not be
under oath, the reason therefore being principally that the
prosecuting officer filing it is charged with the special duty in
regard thereto and is acting under the special responsibility of his
oath of office. CS vs. <acAuel, '4 !hil 1/3 5stodillo, et al. ;s
>udge -aluma, *M ?o. +1>=(#=1.'4, March &', &((#)
Estudillo 0. 7aloma
#2= S2)& 13
4arch 23, 266#
Second Di0ision% &ustria.4artine/, 8.
'acts%
In ca&e +or O%)er Ac%& o+ C)ild AA&e nder R.A. =81># %)e Famil/ Cor%
Ed(e i&&ed an order di&mi&&in( %)e in+orma%ion on %)e (rond %)a% i% 7a&
no% nder oa%).
Issue%
S)old an in+orma%ion Ae nder oa%):
9eld%
No. Sec. ,# Rle 11> o+ %)e Re$i&ed Rle& o+ Criminal Procedre merel/
re;ire& %)a% %)e in+orma%ion Ae in 7ri%in( and &A&criAed A/ %)e 'ro&ec%or.
T)ere i& no re;iremen% %)a% %)e in+orma%ion Ae &7orn %o. O%)er7i&e# %)e
rle& 7old )a$e &o 'ro$ided. T)e in+orma%ion need no% Ae nder oa%)# %)e
rea&on %)ere+or Aein( 'rinci'all/ %)a% %)e 'ro&ec%in( o?cer !lin( i% i&
c)ar(ed 7i%) %)e &'ecial d%/ in re(ard %)ere%o and i& ac%in( nder %)e
&'ecial re&'on&iAili%/ o+ )i& oa%) o+ o?ce.
7s the certification of the prosecutor re personal e@amination of the
complainant and witnesses, that there is reasonable ground to
believe that a crime has been committed and that the accused is
probably guilty thereof, and that the accused was informed of the
complaint and evidence against him and given the opportunity to
submit controverting evidence,essentialO
7t should be observed that Sec. # of +ule 11( defines an
information as nothing more than :an accusation in writing,
charging a person with an offense subscribed by the fiscal and filed
with the court.9 1hus, it is obvious that such certification is not an
essential part of the information itself and its absence cannot vitiate
it as such. Jhat is not allowed is the filing of the information
without a preliminary investigation having been previously
conducted and the injunction that there should be a preliminary
investigation should first be conducted. 5strella vs. Don.+uiB, et
al., 0. S2+* 44$)
F: Jho are the people authoriBed to institute or commence criminal
casesO
*: 1he following:
1. "ffended party3
&. !eace officer3
'. !rosecutor3 and
#. !ublic officer charged with the enforcement of the law.
F: Dow do you distinguish a complaint from informationO
*: 1he following are the distinctions:
1. *s to who files the complaint or information
* 2"M!,*7?1 is filed by the a) offended party3 b) any
peace officer3 c) or any public officer charged with the
enforcement of the law.
"n the other hand, an 7?E"+M*17"? is prepared and
signed by the prosecutor.
&. *s to where to file
* 2omplaint may be filed in court or in the office of the
prosecutor, but an 7?E"+M*17"? is always filed in court.
'.* complaint must be sworn to while an information does not
reAuire such.
1he complaint filed in the fiscalLs office, city or province, is 8nown in
Spanish as :<5?C?27*9 which is filed for preliminary investigation as
distinguished from the real complaint mentioned in Section '. 7n Section
', it is always filed by the offended party. *lthough in some cases li8e
when the offended party died, it is the police who files the affidavit
complaint before the prosecutorLs office for preliminary investigation.
Jho shall fileO
1hus, as a general rule, a criminal action is commenced by a complaint
or information, both of which are filed in court. 7f a complaint is filed
directly in court, the same must be filed by the offended party and in
case of an information, the same must be filed by the fiscal. Dowever, a
:complaint9 filed with the fiscal prior to a judicial action may be filed by
any person. SalaBar vs. !eople %+ ?o. 1#$#4&, "ct. 10,&((&)
5P*M!,5: jane is a victim of adultery. 2an she file the complaintO
I5S.
Jhat if she died before she could fileO 2an the family of !edro file a
complaint under Section 'O
*: ?o, because they are not the offended party. 1hey should file a
complaint in the fiscal. 7f you are tal8ing of a complaint filed under
Section ', you must be the offended party. -ut a complaint filed with the
fiscal, need not be by the offended party. 5varle vs. Sucaldito, 10/
S2+* .(.)
1hat is the distinction, and the fiscal has the authority to investigate any
crime whether the one complaining is the victim or not because the
offended party is the !eople of the !hilippines.
7s it reAuired that the State be specifically mentioned in the body of the
information as an offended partyO
?o. 1he +ules do not reAuire that the State be specifically mentioned
in the body of the information as an offended party. 7t is sufficient that
the !eople of the !hilippines appear in the caption of the information to
emphasiBe the penal laws of the State have been violated. Eor indeed a
crime is an offense against the State. !eople vs. 2E7 of FueBon, %+ ?o.
#1$(', >une 1(,1$$&)
S52. 0. Jho must prosecute criminal actions. *ll criminal
actions commenced by a complaint or information shall be
prosecuted under the direction and control of the prosecutor. 7n
case of heavy wor8 schedule of the public prosecutors, or in the
event of lac8 of public prosecutors, the private prosecutor may be
authoriBed in writng by the 2hief of the !rosecuttion "ffice or the
+egional State !rosecutor to prosecute the case subject to the
approval of the court. "nce so authoriBed to prosecute the criminal
action, the private prosecutor shall continue to prosecute the case
up to the end of the trial even in the absence of a public prosecutor,
unless the authority is revo8ed or otherwise withdrawn. Dowever,
in Municipal 1rial 2ourts or Municipal 2ircuit 1rial 2ourts when
the prosecutor assigned thereto or to the case is not available, the
offended party, any peace officer, or public officer charged with the
enforcement of the law violated may prosecute the case. 1his
authority shall cease upon actual intervention of the prosecutor or
upon elevation of the case to the +egional 1rial 2ourt.as amended
by S2 +esolution in *M ?o. (&=&=(4=S2)
1he crimes of adultery and concubinage shall not be
prosecuted e@cept upon a complaint filed by the offended
spouse. 1he offended party cannot institute criminal
prosecution without including the guilty parties, if both are
alive, nor, in any case, if the offended party has consented to
the offense or pardoned the offenders.
1he offenses of seduction, abduction and acts of
lasciviousness shall not be prosecuted e@cept upon a
complaint filed by the offended party of her parents,
grandparents or guardian, nor, in any case, if the offender has
been e@pressly pardoned by any of them. 7f the offended
party dies or becomes incapacitated before she can file the
complaint, and she has no 8nown parents, grandparents or
guardian, the State shall initiate the criminal action in her
behalf.
1he offended party, even if a minor, has the right to initiate
the prosecution of the offenses of seduction, abduction and
acts of lasciviousness independently of her parents,
grandparents, or guardian, unless she is incompetent or
incapable of doing so. Jhere the offended party, who is a
minor, fails to file the complaint, her parents, grandparents,
or guardian may file the same. 1he right to file the action
granted to parents, grandparents, or guardian shall be
e@clusive of all other persons and shall be e@ercised
successively in the order herein provided, e@cept as stated in
the preceding paragraph.
?o criminal action for defamation which consists in the
imputation of any of the offenses mentioned above shall be
brought e@cept at the instance of and upon complaint filed by
the offended party. 0a)
1he prosecution for violation of special laws shall be
governed by the provision thereof. n)
Who must Prosecute 2riminal &ctions
1. (eneral )ule%
All criminal ac%ion& commenced A/ a com'lain% or in+orma%ion
&)all Ae 'ro&ec%ed nder %)e direc%ion and con%rol o+ %)e
'ro&ec%or
2. E*ception + <he Pri0ate Prosecutor ma! prosecute the case
pro0ided the following re?uisites are present%
a. T)e 'Alic 'ro&ec%or )a& a )ea$/ 7orIload or %)ere i& a lacI o+
'Alic 'ro&ec%or&#
A. 0e m&% Ae a%)ori6ed in 7ri%in( A/ %)e C)ie+ o+ %)e Pro&ec%ion
O?ce or %)e Re(ional S%a%e Pro&ec%or# and
c. T)ere m&% Ae a''ro$al A/ %)e cor%
3. <he Pri0ate Prosecutor ma! prosecute the case up to the end
of the trial%
a. 7)en &o a%)ori6ed %o 'ro&ec%e %)e criminal ac%ion#
A. e$en in %)e aA&ence o+ %)e 'Alic 'ro&ec%or#
c. 'ro$ided &c) a%)ori%/ i& no% re$oIed or 7i%)dra7n
#. In the 4<2 or 42<2, when the prosecutor assigned thereto or
to the case is not a0ailale, the following ma! prosecute%
a. %)e oBended 'ar%/#
A. an/ 'eace o?cer# or
c. %)e 'Alic o?cer c)ar(ed 7i%) %)e en+orcemen% o+ %)e la7 $iola%ed
)ules on &dulter! and 2oncuinage
1. Part! who must fle the complaint%
Onl/ %)e oBended &'o&e
". E@ect if it is not the o@ended spouse who fles the complaint%
T)e ca&e &)all Ae di&mi&&ed ]Pila'il $. :iAa/CSomera# 1=, SCRA 8-*^
*. Instances where the o@ended spouse cannot institute criminal
prosecution%
a. I+ )e:&)e doe& no% inclde %)e (il%/ 'ar%ie&# i+ Ao%) are ali$e# or
A. I+ )e:&)e )a&M
a. con&en%ed %o %)e oBen&e# or
A. 'ardoned %)e oBender&
)ules on Seduction, &duction, and &cts of Hasci0iousness
1. Part! who must fle the complaint%
1. I+ %)e oBended 'ar%/ i& NOT a minorM
1. T)e oBended 'ar%/# or
". T)e S%a%e T i+ %)e oBended 'ar%/ die& or Aecome& inca'aci%a%ed
Ae+ore &)e can !le a com'lain%
".I+ %)e oBended 'ar%/ i& a 1INORM
1. T)e oBended 'ar%/ T )a& %)e ri()% %o ini%ia%e %)e 'ro&ec%ion
inde'enden%l/ e$en i+ &)e i& a minor#
". I+ %)e oBended 'ar%/ +ail& %o !le %)e com'lain%# %)e +ollo7in(# in
&cce&&i$e order# and eGcl&i$e o+ all o%)er 'er&on&M
1. )er 'aren%&#
". )er (rand'aren%&#
*. )er (ardian#
*.T)e S%a%e T i+M
1. %)e oBended 'ar%/ die& or Aecome& inca'aci%a%ed Ae+ore &)e
can Ae !le a
com'lain%# and
".&)e )a& no Ino7n 'aren%&# (rand'aren%&# or (ardian
2.Instances where ao0e o@enses shall not e prosecuted%
1. I+ %)e oBended 'ar%/ i& ali$e and no% inca'aci%a%ed and %)e
com'lain% i& no% !led A/M
a. T)e oBended 'ar%/ 7)o i& NOT a minor# or
A. T)e oBended 'ar%/ 7)o i& a minor # or# in %)e 'ro'er ca&e# )er
'aren%&#
(rand'aren%& or (ardian
".I+ %)e oBender )a& Aeen eG're&&l/ 'ardoned A/ an/ o+ %)e aAo$e.
-ote%
)epulic &ct :=16, o%)er7i&e Ino7n a& %)e C)ild AA&e Ac%#
'ar%iclarl/ Sec. "= %)ereo+# 'ro$ide& an enmera%ion o+ 'er&on& 7)o ma/
!le com'lain%& on ca&e& o+ nla7+l ac%& commi%%ed a(ain&% c)ildren.
Cnder ).&. :=16, Sec. 2: + <he following ma! 'ile 2omplaints in
cases of Cnlawful &cts committed against 2hildren%
1. OBended 'ar%/#
". Paren%& or (ardian&#
*. A&cendan%& or colla%eral rela%i$e 7i%)in %)e *
rd
de(ree o+ con&an(ini%/#
,. O?cer# &ocial 7orIer or re're&en%a%i$e o+ a licen&ed c)ild carin(
in&%i%%ion#
-. O?cer or &ocial 7orIer o+ %)e De'ar%men% o+ Social Wel+are and
De$elo'men%#
8. <aran(a/ C)airman# or
=. A% lea&% * concerned re&'on&iAle ci%i6en& 7)ere %)e $iola%ion occrred
)ules on Defamation PHiel and SlanderQ
1. (eneral )ule%
T)e com'lain% or in+orma%ion can Ae !led A/ %)e 'Alic 'ro&ec%or
e$en 7i%)o% %)e in&%ance or &i(na%re o+ %)e oBended 'ar%/
". E*ception T Onl/ %)e oBended 'ar%/ can !le %)e com'lain% i+ %)e
de+ama%ion con&i&%& o+ an/ o+ %)e +ollo7in( oBen&e&M
1. Adl%er/#
". ConcAina(e#
*. Sedc%ion#
,. AAdc%ion# or
-. Ac%& o+ La&ci$io&ne&&
"nce the case is in court, the complaint or information filed shall be
prosecuted under the direction and control of the public prosecutor. 1his
shows the control of the government. 1his is one feature of the
7nAuisitorial System of criminal procedure. 1he fiscal has the absolute
control.
7t is a well=settled rule that a criminal action commenced by a
complaint or information shall be prosecuted by the public prosecutor,
e@cept:
1. 7n cases where due to heavy wor8 load or lac8 of prosecutors, the
private prosecutor is duly authoriBed with approval from the court3
and
&. 7n criminal cases falling under the jurisdiction of the Municipal
1rial 2ourt or Municipal 2ircuit 1rial 2ourt when the prosecutor
assigned is not available it can be prosecuted by the offended party,
any peace officer, any public officer in charge with the
enforcement of the law violated, but the authority shall cease upon
actual intervention of the prosecutor or upon elevation of the case
with the +egional 1rial 2ourt.
1he 2ourt recogniBes that the manner in which the strength of an
accusedLs guilt is proven still primarily rests on the prosecution. 1he
prosecutor has the right to control the Auantum of evidence and the order
of presentation of the witnesses, in support of the denial of bail. *fter
all, all criminal actions are prosecuted under the direction and control of
the public prosecutor. !Sr.Supt Mabutas et al., vs. >udge !erella, *M
?o. +1>=('=1.14, >une ., &((0)
1he reason for placing the criminal prosecution under the direction and
control of the fiscal is to prevent malicious or unfounded prosecution by
private persons. 7t cannot be controlled by the complainant.. !rosecuting
officers under the power vested in them by law, not only have the
authority but also the duty of prosecuting a person, according to the
evidence received from the jurisdiction of their office. 1hey have
eAually the legal duty not to prosecute when after an investigation they
become convinced that the evidence adduced is not sufficient to
establish a prima facie case. ,edesma vs. 2*, et al., &4. S2+* /0/)
1.Presence of pulic prosecutor
a. )eason for &uthorit!
People 0. 2&
361 S2)& #:3
8anuar! 21, 1555
<hird Di0ision% Panganian, 8.

,uestion%
W)/ i& %)e a%)ori%/ %o 'ro&ec%e criminal& 'laced nder %)e direc%ion
and con%rol o+ %)e 'Alic 'ro&ec%orJ
&nswer%
T)e rea&on +or 'lacin( %)e criminal 'ro&ec%ion nder %)e direc%ion and
con%rol o+ %)e !&cal i& %o 're$en% malicio& or n+onded 'ro&ec%ion& A/
'ri$a%e 'er&on&. Pro&ec%or& nder %)e 'o7er $e&%ed in %)em A/ la7# no%
onl/ )a$e %)e a%)ori%/ A% al&o %)e d%/ o+ 'ro&ec%in( 'er&on& 7)o#
accordin( %o %)e e$idence recei$ed +rom %)e com'lainan%# are &)o7n %o Ae
(il%/ o+ a crime commi%%ed 7i%)in %)e Eri&dic%ion o+ %)eir o?ce. T)e/ )a$e
e;all/ %)e d%/ no% %o 'ro&ec%e 7)en %)e e$idence addced i& no%
&?cien% %o e&%aAli&) a prima facie ca&e.
.&sence during arraignment
Dillanue0a 0. &lma/an
321 S2)& 236
4arch 1=, 2666
<hird Di0ision% Purisima, 8.
Issue%
1a/ a Ed(e arrai(n %)e acc&ed in %)e aA&ence o+ %)e 'Alic
'ro&ec%orJ
9eld%
No. T)e Ed(e canno% 'roceed 7i%) %)e arrai(nmen% o+ %)e acc&ed
7i%)o% %)e 'ar%ici'a%ion o+ %)e (o$ernmen% 'ro&ec%or. A& %)e o?cer in
c)ar(e o+ 'ro&ec%in( criminal ca&e& +or %)e (o$ernmen%# rdimen%& o+ de
'roce&& re;ire %)a% %)e 'Alic 'ro&ec%or m&% Ae aBorded an o''or%ni%/ %o
in%er$ene in all &%a(e& o+ %)e 'roceedin(&.
c.&sence during trial
Enri?ue/ 0. Dallarta
3:1 S2)& 12
'eruar! :, 2662
Second Di0ision% 4endo/a, 8.
'acts%
In a 'ro&ec%ion +or malicio& mi&c)ie+ nder %)e Smmar/ Procedre#
%)e Ed(e allo7ed a 'ri$a%e 'ro&ec%or %o ac%i$el/ 'ro&ec%e %)e ca&e. T)ere
7a& no 'Alic 'ro&ec%or 're&en%# nor 7a& %)ere a cer%i!ca%ion %o %)e eBec%
%)a% %)e 'Alic 'ro&ec%or 7a& na$ailaAle.
Issue%
1a/ %)e Ed(e Ae )eld admini&%ra%i$el/ liaAleJ
9eld%
No. AA&en% an/ &)o7in( %o %)e con%rar/# i% 7ill Ae 're&med %)a%
o?cial d%/ 7a& re(larl/ 'er+ormed. T)i& 're&m'%ion i& rein+orced in %)i&
ca&e A/ %)e +ac% %)a% com'lainan%# a& con&el +or %)e acc&ed# +ailed %o
oAEec% %o %)e aA&ence o+ %)e 'Alic 'ro&ec%or# (i$in( ri&e %o %)e 're&m'%ion
%)a% %)e in%er$en%ion o+ a 'ri$a%e 'ro&ec%or 7a& de %o %)e na$ailaAili%/ o+
%)e 'Alic 'ro&ec%or. </ +ailin( %o maIe a %imel/ oAEec%ion# com'lainan%
m&% Ae deemed %o )a$e 7ai$ed )i& oAEec%ion %o %)e 'roceedin(& Ae+ore %)e
Ed(e.
d.)ule on appeal
Sala/ar 0. )oma?uin
#25 S2)& #
4a! 21, 266#
Second Di0ision% 2alle"o, Sr. 8.
'acts%
Acc&ed !led a 'e%i%ion +or cer%iorari 7i%) %)e CA %o ;e&%ion %)e order
o+ %)e RTC den/in( )i& mo%ion %o li+% 7arran% o+ arre&% 7)ile )i& 'e%i%ion +or
re$ie7 7a& 'endin( 7i%) %)e De'ar%men% o+ .&%ice. In&%ead o+ +rni&)in( a
co'/ o+ )i& 'e%i%ion %o %)e Solici%or General a& re;ired A/ Sec. * Rle ,8# o+
%)e Rle& o+ Cor%# )e &er$ed a co'/ on %)e 'ro$incial 'ro&ec%or.
Issue%
I& %)e &er$ice o+ a co'/ o+ %)e 'e%i%ion %o %)e Pro$incial Pro&ec%or
&?cien% com'liance 7i%) %)e Rle& o+ Cor%J
9eld%
No. T)e a%)ori%/ o+ %)e Pro$incial Pro&ec%or %o a''ear +or and
re're&en% %)e Peo'le o+ %)e P)ili''ine& i& con!rmed onl/ %o %)e 'roceedin(&
Ae+ore %)e %rial cor%. T)i& i& Aa&ed on Sec. -# Rle 11> o+ %)e Rle& 7)ic)
'ro$ide& %)a% all criminal ac%ion& commenced A/ a com'lain% or in+orma%ion
&)all Ae 'ro&ec%ed nder %)e direc%ion and con%rol o+ %)e 'ro&ec%or.
0o7e$er# in a''eal& Ae+ore %)e CA and %)e SC ei%)er 2a3 A/ 7ri% o+ error9 2A3
$ia 'e%i%ion +or re$ie79 2c3 on a%oma%ic a''eal9 or# 2d3 in &'ecial ci$il ac%ion&
7)ere %)e Peo'le o+ %)e P)ili''ine& i& a 'ar%/# %)e (eneral rle i& %)a% %)e
O?ce o+ %)e Solici%or General i& %)e &ole re're&en%a%i$e o+ %)e Peo'le o+ %)e
P)ili''ine&. T)i& i& 'ro$ided +or in Sec. *- 213 C)a'%er 1"# Ti%le III o+ <ooI IV
o+ %)e 1FD= Admini&%ra%i$e Code.
2.Where prosecutor fnds no proale cause
Sta. )osa 4ining 0. Gaala
133 S2)& 3=:
&ugust 31, 151:
En 7anc% 7ilin, 8.
Issue%
A+%er a ca&e )a& Aeen !led in cor%# can a !&cal Ae com'elled %o
'ro&ec%e %)e &ame# a+%er )i& mo%ion %o di&mi&& i% )a& Aeen deniedJ
9eld%
Ye&. I+ %)e !&cal i& no% a% all con$inced %)a% a 'rima +acie ca&e eGi&%&#
)e &im'l/ canno% mo$e +or %)e di&mi&&al o+ %)e ca&e and# 7)en denied#
re+&e %o 'ro&ec%e %)e &ame. 0e i& oAli(ed A/ la7 %o 'roceed and 'ro&ec%e
%)e criminal ac%ion. 0e canno% im'o&e )i& o'inion on %)e %rial cor%. A% lea&%
7)a% )e can do i& %o con%ine a''earin( +or %)e 'ro&ec%ion and %)en %rn
o$er %)e 're&en%a%ion o+ e$idence %o ano%)er !&cal or a 'ri$a%e 'ro&ec%or
&AEec% %o )i& direc%ion and con%rol 2U.S. $&. Galle(o&# *= P)il. "DF3. W)ere
%)ere i& no o%)er 'ro&ec%or a$ailaAle# )e &)old 'roceed %o di&c)ar(e )i&
d%/ and 're&en% %)e e$idence %o %)e Ae&% o+ )i& aAili%/ and le% %)e cor%
decide %)e meri%& o+ %)e ca&e on %)e Aa&i& o+ %)e e$idence addced A/ Ao%)
'ar%ie&.
F: 2an the offended party hire his own lawyer to prosecuteO
*: I5S, the offended party can hire his own lawyer who is 8nown as
the private prosecutor. 1he personality of the private prosecutor is based
on the provision in the +!2 that every person criminally liable is also
civilly liable. 7t is because of this civil liability that the offended party
has an interest in the criminal case.
5ven if the public prosecutor may turn over the active conduct of the
trial to the private prosecutor, he must be present during the proceedings
because he is, by law, duty=bound to ta8e charge of the prosecution of
the case until its termination.
!eople vs. -eriales, 4( S2+* '/1, the 2ourt said:
7n the present case, although the prosecutor had previously been
authoriBed by the special counsel +osario !olines to present the
evidence for the prosecution, nevertheless, in view of the absence of the
2ity Eiscal at the hearing on <ecember 1', 1$4#, it cannot be said that
the prosecution of the case was under the control of the 2ity Eiscal. 7t
follows that the evidence presented by the said prosecutor at said hearing
could not be considered as evidence for the plaintiff, the !eople of the
!hilippines. 1here was, therefore, no evidence at all to spea8 of which
could have been the basis of the decision of the trial court.
Moreover, as aptly observed by the Solicitor %eneral, to permit such
prosecution of a criminal case by the private prosecutor with the fiscal in
absentia can set an obno@ious precedent that can be ta8en advantage of
by some indolent members of the prosecuting arm of the government as
well as those who are oblivious of their bounden duty to see to if not
only that the guilty should be convicted, but that the innocent should be
acAuitted a duty that can only be effectively and sincerely performed if
they actively participated in the conduct of the case, especially in the
e@aminmation of the witnesses and the presentation of documentary
evidence for both parties.
7f the public prosecutor or fiscal and the private prosecutor do not
agree on how to prosecute, the fiscal will prevail because the private
prosecutor is under the direct control of the fiscal.
F: Jhat happens if there are no fiscal in a municipalityO
*: *ccording to Section 0, +ule 11(: :Dowever, in Municipal 1rial
2ourts or Municipal 2ircuit 1rial 2ourts when the prosecutor assigned
thereto or to the case is not available, the offended party, any peace
officer, or public officer charged with the enforcement of the law
violated may prosecute the case.9
1his provision that if there is no prosecutor, puwede sila, is ta8en
from the ruling of the S2 in the case of !eople vs. -eriales, 14 S2+*
&#. Csually, in the absence of the fiscal, it is the police authorities who
act as prosecutors. Dowever, according to the S2 in the 1$$& case of
!5"!,5 vs. +*M"S
&(4 S2+* 1##
E*21S: 1he case is triable by the M12 of 7locos ?orte. 1he
offended party went to the fiscal and filed the information.
<uring the trial, the judge declared the fiscal in contempt of
court as when the case was called for trial, the fiscal was not
around. 1he fiscal answered in writing. Jhen as8ed to e@plain
why he refused to come to court despite the previous order, he
said his office is undermanned or understaffed. 1hus he could
not personally appear and prosecute. *t any rate, the fiscal
pointed out in his e@planation that the prosecution of the case
can be handled by the offended party or any peace officer.
7SSC5: Jho should prosecute the caseO 1he public
prosecutor or any of the persons mentioned in Section 0, +ule
11(O
D5,<: 7t is the public prosecutor who should prosecute the
case because he already 8new about the case. De was the one
who investigated the case. 1herefore, he should continue in the
prosecution of the case in court. Jhile it is true that the law
allow the offended party, any peace officer, or other public
officer to prosecute a criminal case in places where there are no
fiscals available, that is only the 5P25!17"?.
1he %5?5+*, +C,5 is that the fiscal himself should
handle the prosecution of the criminal case. 7t is his duty and
moral obligation to prosecute the case after having conducted
the investigation and, believing that there is a case, filed an
information in court.
:1he 2ourt feels that in those cases where the prosecutors
themselves have filed the criminal charges, there is all the more
reason for them to actively intervene in their prosecution.
Daving presumably made the necessary investigation of these
cases before filing the corresponding informations, they are the
best position to handle their prosecution on the basis of their
initial findings. 7f the prosecutor had not determined the prima
facie guilt of the accused, he should not have filed the
information in the first place. *t any rate, there is something not
Auite correct in the prosecutor filing the information himself and
then leaving the offended party in the lurch, as it were, by
as8ing him to fend for himself in prosecuting the case.
:1he e@ception provided in Section 0 must be strictly applied
as the prosecution of crime is the responsibility of officers
appointed and trained for that purpose. 1he violation of the
criminal laws is an affront to the !eople of the !hilippines as a
whole and not merely the person directly prejudiced, who is that
the prosecution be handled by persons s8illed in this function
instead of being entrusted to private persons or public officers
with little or no preparation for this responsibility. 1he
e@ception should be allowed only when the conditions therefor
as set forth in Section 0, +ule 11( of the +ules on 2riminal
!rocedure have been clearly established.9
7n case of heavy wor8 schedule or there is lac8 of prosecutors:
7n State !rosecutor !inote vs. >udge *yco, *M ?o. +1>=(0=1$##,
<ec. 1', &((0, the 2ourt said:
7f the schedule of the public prosecutor does not permit, however, or
in case there are no public prosecutors, a private prosecutor may be
authoriBed in writing by the 2hief of the !rosecution "ffice of the
+egional State "risecution "ffice to prosecute the case, subject to the
approval of the court. "nce so authoriBed, the private prosecutor shall
continue to prosecute the case until the termination of the trial even in
the absence of a public prosecutor, unless the suthority is revo8ed or
otherwise withdrawn.
*ccording to Section 0, the criminal action shall be under the control
and supervision of the prosecutor. 1hat is only applicable if you are
tal8ing of the trial court. -ut if the criminal case is lifted in the 2* or S2
on appeal, wala 8a nang pa8ialam. 7t should be the Solicitor %eneral
who must represent the !eople of the !hilippines.
1he ne@t paragraphs of Section 0 are somehow reiterated in *rticle
1##, +!2, which is popularly 8nown as !+7;*15 2+7M5S:
1he crimes of adultery and concubinage shall not be
prosecuted e@cept upon a complaint filed by the offended
spouse. 1he offended party cannot institute criminal
prosecution without including the guilty parties, if both are
alive, nor, in any case, if the offended party has consented to
the offense or pardoned the offenders.
1he offenses of seduction, abduction and acts of
lasciviousness shall not be prosecuted upon a complaint filed
by the offended party or her parents, grandparents or
guardian, nor, in any case, if the offender has been e@pressly
pardoned by any of them. 7f the offended party dies or
becomes incapacitated before she can file the complaint, and
she has no 8nown parents, grandparents or guardian, the State
shall initiate the criminal action in her behalf.
3.Pri0ate o@enses
a. 'iling ! a retardate
People 0. Dela 2ru/
31# S2)& 3:3
8ul! 11, 2662
'irst Di0ision% Da0ide, 8r., 28
'acts%
Acc&ed 7a& c)ar(ed 7i%) ra'e o+ a re%arda%e 7i%) men%al a(e o+ an DC
/ear old c)ild. T)e $ic%im &i(ned %)e com'lain% a&&i&%ed A/ )er an%.
Issue%
In a 'ri$a%e oBen&e 4'rior %o R.A. D*-*5# ma/ %)e an% $alidl/ &i(n %)e
com'lain% e$en i+ &)e i& no% one o+ %)o&e men%ioned in %)e Rle& o+ Cor%J
9eld%
Ye&. T)e com'lain% )a& com'lied 7i%) %)e re;iremen% nder %)e
Re$i&ed Penal Code and %)e Rle&# 7)ic) $e&% on %)e $ic%im# a& %)e oBended
'ar%/# %)e ri()% %o in&%i%%e %)e criminal ac%ion. A& &)e &i(ned i%# %)e
com'lain% &%ar%ed %)e 'ro&ec%or/ 'roceedin(. T)e a&&i&%ance o+ )er an%# or
e$en o+ )er mo%)er# 7a& a &'erNi%/. T)e $ic%imP& &i(na%re alone &?ce& %o
$alida%e %)e com'lain%. A minor can !le a com'lain% +or ra'e inde'enden%l/
o+ )er 'aren%&.
.'iling ! daughter
People 0. -icolas
31: S2)& =31
&ugust 22, 2662
En 7anc% ,uisuming, 8.
'acts%
T)e one 77)o !led %)e a?da$i%Ccom'lain% +or ra'e 4'rior %o R.A. D*-*5
Ae+ore %)e O?ce o+ %)e Pro&ec%ion 7a& %)e da()%er o+ %)e $ic%im# &ince %)e
$ic%im )er&el+ 7a& a -*C/ear old 'aral/6ed 7oman. Drin( %rial# %)e da()%er
7a& no% 're&en%ed a& a 7i%ne&& %o iden%i+/ acc&ed.
Issue%
Con&iderin( %)a% a% %)e %ime o+ !lin( ra'e ma/ no% Ae 'ro&ec%ed de
o:cio, did %)e %rial cor% 'ro'erl/ ac;ire Eri&dic%ion o$er %)e ca&eJ
9eld%
Ye&. T)e rle i& %)a% 7)en %)e oBended 'ar%/ )a& eGec%ed and
&A&criAed %o a com'lain%# %)e 'ro&ec%ion Ae+ore %)e cor% ma/ Ae ini%ia%ed
A/ mean& o+ an in+orma%ion &i(ned A/ %)e 'ro&ec%or alone. <% %)ere i&
no%)in( in %)e Rle %)a% re;ire& %)e com'lain% %o &%ill Ae iden%i!ed in cor%
drin( %rial. T)e Rle i& no% $i%ia%ed A/ %)e +ac% %)a% %)e com'lain% 7a& &i(ned
A/ %)e da()%er o+ %)e di&aAled and men%all/ ill $ic%im. O%)er7i&e %)e Rle
7old Ae re;irin( %)e im'o&&iAle# 7)ic) i& aA&ed.
c.'iling ! father
People 0. <ama!o
22= S2)& 32:
Septemer 1:, 1553
'irst Di0ision% 7ellosillo, 8.
'acts%
A+%er &)e 7a& ra'ed# %)e 1DC/ear old $ic%im lo&% )er &ani%/# and
reco$ered onl/ aAo% 8 mon%)& la%er. T)&# i% 7a& )er +a%)er 7)o !led %)e
com'lain% 4'rior %o R.A. D*-*5.
Issue%
I& %)e com'lain% $alidJ
9eld%
Ye&. Under Rle 11># Sec. ,# o+ %)e Rle& o+ Cor%# in oBen&e& o+
&edc%ion# aAdc%ion# ra'e or ac%& o+ la&ci$io&ne&&# i+ %)e oBended 'ar%/
7)o i& minor +ail& %o !le %)e com'lain%# )er 'aren%& ma/ !le %)e &ame. T)ere
i& no doA% %)a% %)e $ic%im i& &%ill a minor# no% )a$in( reac)ed "1 7)en %)e
crime 7a& commi%%ed on )er. T)e record& al&o +ail %o di&clo&e %)a% &)e !led a
com'lain% on %)e o%ra(e done %o )er. Con&e;en%l/# 7)en &)e +ailed %o !le
)er com'lain%# %)e !lin( A/ )er +a%)er 7a& E&%i!ed nder %)e Rle&.
d.Signing of Information
People 0. (oles
152 S2)& ==3
Decemer 21, 1556
'irst Di0ision% (anca!co, 8.
Issue%
In 'ri$a%e oBen&e&# or %)o&e crime& 7)ic) canno% Ae 'ro&ec%ed de
o:cio# i+ %)e oBended 'ar%/ or )er 'aren%& &i(n& %)e com'lain%# i& i%
nece&&ar/ %)a% %)e oBended 'ar%/ m&% al&o &i(n %)e in+orma%ionJ
9eld%
No. W)en i% i& &aid %)a% %)e re;iremen% %)a% %)ere &)old Ae a
com'lain% o+ %)e oBended 'ar%/ or )er rela%i$e& i& Eri&dic%ional# 7)a% i&
mean% i& %)a% i% i& %)e com'lain% %)a% &%ar%& %)e 'ro&ec%ion 'roceedin(. I% i&
no% %)e com'lain% 7)ic) con+er& Eri&dic%ion on %)e Cor% %o %r/ %)e ca&e. T)e
cor%P& Eri&dic%ion i& $e&%ed in i% A/ %)e .diciar/ La7. In %)i& ca&e# %)e
'ro&ec%ion +or %)e crime o+ ra'e 7a& commenced A/ %)e !lin( o+ %)e
criminal com'lain% 7)ic) 7a& &i(ned no% onl/ A/ %)e com'lainan% A% al&o A/
)er mo%)er in accordance 7i%) Rle 11-# Sec. - con&iderin( %)a% %)e
com'lainan% i& men%all/ incom'e%en%. T)i& criminal com'lain% 7a& %)e Aa&i&
+or %)e 'reliminar/ in$e&%i(a%ion condc%ed A/ %)e !&cal and %)e &A&e;en%
!lin( o+ %)e in+orma%ion in cor%. No7)ere in %)e la7 i& i% re;ired %)a% %)e
com'lainan% liIe7i&e &i(n and $eri+/ %)e in+orma%ion +or ra'e !led A/ %)e
!&cal.
1a8e note that in the third paragraph, +*!5 is already deleted. 7t is
not a private crime anymore. 7t is already a crime against person because
of the new law +* .'0', *nti=+ape ,aw of 1$$4 amending the
+!2. ?ow, it can be prosecuted without the private complainant.
F: 1he S2 said in one case that there is no such animal as !rivate
2rimes because every crime is against the State. -ut why do we call
these private crimes = adultery, concubinage, seduction, abduction, and
acts of lasciviousnessO
*: 7t is because of all these reAuirements: the complaint is duly
prepared, signed and sworn to by the offended party. *ctually, the
correct name of these crimes is 2+7M5S JD72D 2*??"1 -5
!+"S52C15< <5 "EE727".
F: Jhat is the reason for the reAuirement that they shall be
prosecuted upon complaint of the offended partyO
*: 1his reAuirement was imposed out of consideration for the
offended party or her relatives who might prefer to suffer the outrage in
silence rather than go through with the scandal of a public trial. Sumilin
vs. 2E7, 04 !hil. &$.3 !eople vs. Santos, 1(1 !hil. 4$.)
7n *<C,15+I or 2"?2C-7?*%5, the offended party is only the
husband or the wife. 1he parents have nothing to do with the adultery or
concubinage. 7n adultery, it is not allowed that the husband files a
complaint against his wife without including her paramour. ?or is it
allowed that the husband files a case for adultery against his wifeLs lover
without including his wife. 1he law provides, :@@@ the offended party
cannot initiate criminal prosecution without including the guilty parties,
if both are alive, @@@9. 1he same rule applies in concubinage.
7n either case, consent or pardon by the offended party is a bar to
criminal prosecution. 2onsent indicates allowance.
S5<C217"?, *-<C217"?, *21S "E ,*S27;7"CS?5SS.
7f the victim is a minor, it can be prosecuted by said minor offended
party independent of her parents, grandparents or guardian3
F: Suppose the minor is incompetent as in the case of insanity,or
competent but fails to file, who will file the complaintO
*: Der parents, grandparents or guardian my institute the case in the
order of succession and e@clusive of all other persons mentioned under
the abovecited rule.
F: Suppose the minor has no 8nown parents, grandparents, or
guardianO
*: 1he State shall initiate the criminal action in her behalf under the
principle of !arens !atriae.-ut this principle found in the third paragraph
of Section 0, +ule 11( applies only to seduction, abduction, and acts of
lasciviousness, and not to adultery and concubinage. !eople vs. Somera,
14# S2+* /01)
F: Jhat happens when an information for adultery or concubinage is
filed without a complaintO 7s it a jurisdictional effectO
*: *ccording to some rulings, it is a jurisdictional defect. 1he S2
held that compliance in *rticle '## and counterpart as well as other
crimes against chastity) is jurisdictional, and not merely a formal,
reAuirement. Jhile in point of strict law the jurisdiction of the court
over the offense is vested in it by the >udiciary ,aw, the reAuirement for
a sworn written complaint is just as jurisdictional mandate since it is that
complaint which starts the prosecutory proceeding and without which
the court cannot e@ercise its jurisdiction to try the case. !eople vs.
Mandea, /( !hil. '4&3 !eople vs. Surbano, '4 S2+* 0/03 !eople vs.
-abasa, $4 S2+* /4&3 !ilapil vs. 7bay=Somera, 14# S2+* /0')
-ut there is a S52"?< ;75J: Iou can Auestion the filing but it is
not jurisdictional. 7t is a condition precedent but not jurisdictional
because if you say jurisdiction, they are vested by the judiciary law.
1here is nothing in the judiciary law which can spea8 about complaint
filed in court by the offended party. !eople vs. 5strebella 1$./)3
!eople vs. Saniaga 1$..)3 !eople vs. -ugtong 1$.$)3 !eople vs. 1arul
1$.$)3 !eople vs. 2abodac 1$$&)3 !eople vs. ,eoparde 1$$&)3 !eople
vs. Dilario 1$$')
!5"!,5 vs. 7,*+<5
1&0 S2+* 11
E*21S: 1his is a case for adultery originated in the 2ity of 7loilo. *
man caught his wife in an act of adultery. 1he ne@t thing he did was
to e@ecute an affidavit=complaint, which he filed in the office of the
2ity !rosecutor of 7loilo 2ity. 7n his affidavit he said, :7Lm formally
charging my wife and P and would reAuest this affidavit be
considered as a formal complaint against them.9 Jhile the case was
pending before the fiscal for investigation, he died. So the Eiscal
as8ed how he can file an information in court when there is no
complaint because the rule is, the complaint filed with the fiscalLs
office is not the complaint contemplated by law3 there must be a
complaint filed signed by the offended party. -ut in this case, the
complainant was already dead. *lthough there was an affidavit=
complaint.
1he fiscal 8new that and so he prepared an information for
adultery charging the wife and her paramour. 7n the information
he stated: :1he undersigned 2ity Eiscal upon sworn statement
originally filed by the offended party, @ero@ copies of which are
hereto attached as anne@es * and - W@@@9 So what he did was
to incorporate the affidavit of the deceased offended husband in
the information.
?ow, the wife and the paramour moved to Auash the
information alleging lac8 of jurisdiction upon the offense
charged because under *rticle '## of the +!2, the reAuirement
for the complaint of adultery was not complied with citing the
case of !eople vs. Santos, 1(1 !hil. 4$., where it was held that
the complaint filed in the fiscalLs office for a private crime is not
the complaint contemplated by law. "n that basis, +12 >udge
7larde dismissed the case.
1he prosecution went to the S2 on certiorari.
D5,<: 1he respondent trial court is wrong. 1he order of
dismissal is hereby set aside and is directed to proceed with the
trial of the case. :7t must be borne in mind, however, that this
legal reAuirement was imposed out of consideration for the
aggrieved party who might prefer to suffer the outrage in silence
rather than go through the scandal of a public trial. 1hus, the
law leaves it to the option of the aggrieved spouse to see8
judicial redress for the affront committed by the erring spouse.
*nd this, to "ur mind, should be the overriding consideration in
determining the issue of whether or not the condition precedent
prescribed by said *rticle '## has been complied with. Eor
needless to state, this 2ourt should be guided by the spirit,
rather than the letter, of the law.9
:7n the case at bar, the desire of the offended party to bring
his wife and her alleged paramour to justice is only too evident.
Such determination of purpose on his part is amply
demonstrated in the dispatch GspeedH by which he filed his
complaint with the fiscalLs office Gbecause he filed the
complaint the day after the crime happenedH. 1he strong and
eAuivocal statement contained in the affidavit filed with the
EiscalXs "ffice that :7 am formally charging my wife of the
crime of adultery and would reAuest that this affidavit be
considered as a formal complaint against them9 is a clear
show of such intent.9
:1he ruling in !eople vs. Santos is not applicable to the case
at bar. 7n that case, the sworn statement was not considered the
complaint contemplated by *rticle '## of the +evised !enal
2ode because it was a mere narration of how the crime was
committed. Jhereas, in the case at bar, in the affidavit=
complaint submitted by the offended husband, he not only
narrated the facts and circumstances constituting the crime of
adultery, but he also e@plicitly and categorically charged private
respondents with the said offense :7Lm charging my wife and
her paramour with adultery.9
:Moreover, in Santos, the S2 noted that the information filed
by the fiscal commenced with the statement Nthe undersigned
fiscal accuses so and so,L the offended party not having been
mentioned at all as one of the accusers. -ut in the present case,
it is as if the husband filed the case.9
:1he affidavit of the husband here contains all the elements
of a valid complaint under Section 0, +ule 71( of the +ules of
2ourt. Jhat is more, said complaint=affidavit was attached to
the information as an integral part thereof, and duly filed with
the court. 1herefore, the affidavit complaint became the basis of
the complaint reAuired by Section 0.9
So it became sort of an e@ception to the general rule that the affidavit=
complaint in the fiscalLs office is not the one contemplated by law. Jhile
7 was reading this case, 7 noticed that the fiscal was very imaginative on
what he is going to do, 8asi alam niya ang rules eh. 1hat fiscal is now
Solicitor %eneral %alveB. *nd 7 was surprised why the husband drafted
the affidavit that way. Maybe he 8new he was dying. ,ater, they found
out that the husband was a lawyer. *nd do not be shoc8ed, the paramour
was also a lawyerV So that was a very interesting case. 1he ruling was
reiterated in the 1$$1 case of !5"!,5 vs. >*+", >une 1$, 1$$1).
,ast paragraph, Section 0, +ule 11(:
?o criminal action for defamation which consists in the
imputation of any of the offenses mentioned above shall be
brought e@cept at the instance of and upon complaint filed by the
offended party.
1he fifth paragraph of Section 0 is ta8en from *rticle '/( of the +!2.
*rticle '/( refers to the crime of libel or slander.
F: 7s the crime of defamation Gslander is when you defame somebody
orally3 libel is when the defamation is in writingH a private crimeO
*: ?".
#.Defamation imputing a pri0ate o@ense
(on/ales 0. &rcilla
263 S2)& =25
-o0emer 11, 1551
<hird Di0ision% Da0ide, 8r. 8.
'acts%
Acc&ed 7a& c)ar(ed 7i%) (ra$e &lander +or )a$in( %%ered %)e
+ollo7in( &%a%emen%&M
K$A+B-AABA. +B A!A.A +B $AF A!A.AL T%?%C(+L *4TA+B %+A $(L
.A9A+B C%FAL *ATAF B4T($;# 7)ic) 7)en %ran&la%ed %o En(li&) rn& 2&ic3 a&
+ollo7&M KSedcer o+ 7i$e& o+ o%)er )&Aand& or adl%ere&&. Con&m'%i$e.
Yor mo%)er i& a 'ro&%i%%e. Yo do no% )a$e a &en&e o+ &)ame. Yo are a
(l%%on.L
Issue%
Can %)e criminal ac%ion Aa&ed on %)e +ore(oin( im'%a%ion Ae
'ro&ec%ed 7i%)o% a com'lain% !led A/ %)e oBended 'ar%/ )im&el+J
9eld%
Ye&. K$ang-aagaw ng asawa ng ma" asawa,5 e$en i+ %ran&la%ed a&
Kone 7)o (raA& ano%)erP& )&Aand#L doe& no% nece&&aril/ mean an
adl%ere&&. A% mo&%# i% ma/ im'l/ %)a% %)e 'er&on %o 7)om i% i& addre&&ed i&
a KNir%# a %em'%re&&# or one 7)o indl(e& in en%icin( o%)er )&Aand&9L )ence#
i% i& more o+ an im'%a%ion o+ a $ice# condi%ion or ac% no% con&%i%%in( a crime.
Ar%. *8> o+ %)e Re$i&ed Penal Code 7)ic) 'ro$ide& %)a%M K+o criminal action
for defamation which consist in the imputation of a crime which cannot be
prosecuted de o7cio shall be brought except at the instance of and upon
complaint expressl" 7led b" the oMended part".5 7)ic) )a& &'eci!c
re+erence %o %)e crime& a(ain&% c)a&%i%/# and Sec. -4-5 o+ Rle 11> i& no%
a''licaAle in %)i& ca&e &ince %)e alle(ed &landero& %%erance& &AEec% o+ %)e
a&&ailed in+orma%ion do no% im'%e an/ crime 7)ic) canno% Ae 'ro&ec%ed de
o7cio.
F: 2an a case of slander be filed in court without a complaint signed
and sworn to by the offended partyO
*: *s a %5?5+*, +C,5, I5S, 5P25!1 when the defamation
imputes to the offended party the commission of any of the crimes
mentioned above. Meaning, it imputes to the offended party the
commission of a private offense li8e adultery, concubinage, abduction,
seduction, acts of lasciviousness *2*S*). 7n this case, the criminal
action shall be brought at the instance of and upon a complaint filed by
the offended party.
F: 7s the accusation :mang=aagaw ng asawa ng may asawaV9 an
imputation of adulteryO
*: ?o. 7t is a mere implication of a vice or defect, not an imputation
of adultery. 1he phrase was translated as :seducer of the husbands of
other woman.9 7t implies that the person to whom it is addressed is a
E,7+1, a 15M!1+5SS, or one who indulges in inciting anotherLs
husband. %onBales vs. *rcilla, ?ovember 1., 1$$1)
1he last paragraph states that :1he prosecution for violation of
special laws shall be governed by the provision thereof.9 1he best
e@ample is the case of +eodica vs. 2*, which we already discussed, that
prescription for violation of a special law is not governed by the +!2
but by special law. 1he ruling was emphasiBed in the 1$$/ case of
,,5?5S vs. <72<72*?
>uly '1, 1$$/
D5,<: :1he institution of the complaint in the prosecutorLs
office shall interrupt the period of prescription of the offense
charged under Section 1, +ule 11(. 1he rule, however, is
entirely different under *ct ?o. ''&/, as amended, whose
Section & e@plicitly provides that the period of prescription shall
be interrupted by the institution of judicial proceedings, i.e., the
filing of the complaint or information with the court.9
1herefore, the filing of the complaint in the fiscalLs office does
not interrupt the running of the prescriptive period. 1hat is only
true in felonies under the +!2. -ut when in comes to special
laws, we follow the special law.
3.Ather o@enses
&gu"etas 0. 2&
2=1 S2)& 1:
&ugust 23, 155=
En 7anc% <orres, 8r. 8.
'acts%
T)e 'ro&ec%ion +or an elec%ion oBen&e 7a& ini%ia%ed 'on com'lain% o+
%)e lo&in( candida%e +or (o$ernor. T)e oBended 'ar%/# )o7e$er# 7a& %)e
candida%e +or %)e 'o&i%ion +or <oard 1emAer# 7)o ac%all/ 7on A% 7a& no%
'roclaimed A/ %)e <oard o+ Can$a&&&er&.
Issue%
In a 'Alic crime# ma/ a 'er&on 7)o i& no% an oBended 'ar%/ $alidl/ !le
%)e com'lain%J
9eld%
Ye&. EGce'% 7)ere %)e la7 &'eci!call/ 'ro$ide& %)e con%rar/# a
com'lain% %)a% a 'Alic crime )a& Aeen commi%%ed ma/ Ae laid A/ an/
com'e%en% 'er&on. T)e OmniA& Elec%ion Code doe& no% &'eci+/ %)a% a
'ar%iclar 'er&on m&% !le %)e com'lain% and )ence# %)e com'lain% !led A/
one 7)o 7a& no% an oBended 'ar%/ i& $alid.
F: Jhen is a complaint or information sufficientO
S52. /. Sufficiency of complaint or information. * complaint or
information is sufficient if it states the name of the accused3 the
designation of the offense given by the statute3 the acts or
omissions complained of as constituting the offense3 the name of
the offended party3 the appro@imate date of the commission of the
offense3 and the place where the offense was committed.
Jhen an offense is committed by more than one person,
all of them shall be included in the complaint or information.
/a)
What 4ust e stated in a 2omplaint or Information to maBe it
Su$cient in 'orm and Sustance%
1. T)e name o+ %)e acc&ed9
W)en an oBen&e i& commi%%ed A/ more %)an one 'er&on# all o+ %)eir
name& &)all Ae &%a%ed
". T)e de&i(na%ion o+ %)e oBen&e (i$en A/ %)e &%a%%e9
*. T)e ac%& or omi&&ion& com'lained o+ a& con&%i%%in( %)e oBen&e9
,. T)e name o+ %)e oBended 'ar%/9
-. T)e a''roGima%e da%e o+ %)e commi&&ion o+ %)e oBen&e9 and
8. T)e 'lace 7)ere %)e oBen&e 7a& commi%%ed.
1.When element ma! e inferred
a. Intent to gain
&0ecilla 0. People
265 S2)& #==
8une 2, 1552
<hird Di0ision% )omero, 8.
Issue%
1a/ %)e acc&ed Ae con$ic%ed o+ %)e+% 7)ere %)e in+orma%ion +ailed %o
alle(e %)a% )e %ooI %)e 'ro'er%/ K7i%) in%en% %o (ainLJ
9eld%
Ye&. Al%)o() in%en% %o (ain i& no% eG'lici%l/ alle(ed in %)e in+orma%ion#
i% ma/ Ae 're&med +rom %)e alle(a%ion %)a% %)e &aid mail ma%%er 7a&
nla7+ll/ %aIen. Since %)ere i& no alle(a%ion %)a% %)e %aIin( 7a&
accom'li&)ed 7i%) $iolence or in%imida%ion a(ain&% 'er&on or +orce 'on
%)in(&# i% i& a''aren% %)a% %)e c)ar(e i& +or %)e crime o+ %)e+% ra%)er %)an
roAAer/.
.2onspirac!
People 0. ,uitlong
252 S2)& 3=6
8ul! 16, 1551
'irst Di0ision% Ditug, 8.
'acts%
T)e in+orma%ion a(ain&% %)e , acc&ed +or mrder &%a%e& %)a%M
K... %)e aAo$eCnamed acc&ed# Aein( %)en armed 7i%) a Ini+e# 7i%)
in%en% %o Iill and 7i%) %reac)er/ and %aIin( ad$an%a(e o+ %)eir nmerical
&'eriori%/ and comAined &%ren(%)# did %)en and %)ere 7il+ll/# nla7+ll/
and +elonio&l/ a%%acI# a&&al% and &%aA .ONAT0AN CALPITO Y CASTRO
&ddenl/ and neG'ec%edl/# 7i%)o% an/ 7arnin( 7)a%&oe$er...L
Issue%
1a/ all acc&ed Ae con$ic%ed o+ %)e crime on %)e ar(men% %)a%
con&'irac/# 7)ile no% &'eci!call/ alle(ed in %)e in+orma%ion# ma/ Ae in+erred
+rom %)e 7a/ %)e/ are acc&ed o+ 'er'e%ra%in( %)e oBen&eJ
9eld%
No. Con&'irac/ ari&e& 7)en " or more 'er&on& come %o an a(reemen%
concernin( %)e commi&&ion o+ a +elon/ and decide %o commi% i%. Veril/# %)e
in+orma%ion m&% &%a%e %)a% acc&ed )a$e con+edera%ed %o commi% %)e crime
or %)a% %)ere )a& Aeen a commni%/ o+ de&i(n# a ni%/ o+ 'r'o&e or an
a(reemen% %o commi% %)e +elon/ amon( %)e acc&ed. Sc) an alle(a%ion# in
%)e aA&ence o+ %)e &al &a(e o+ %)e 7ord& Kcon&'iredL or Kcon+edera%edL
or %)e ')ra&e Kac%in( in con&'irac/#L m&% a'%l/ a''ear in %)e in+orma%ion in
%)e +orm o+ de!ni%i$e ac%& con&%i%%in( con&'irac/. Con&'irac/ m&% Ae
alle(ed# no% E&% in+erred# in %)e in+orma%ion on 7)ic) Aa&i& an acc&ed can
a'%l/ en%er )i& 'lea# a ma%%er %)a% i& no% %o Ae con+&ed 7i%) or liIened %o %)e
ade;ac/ o+ e$idenc %)a% ma/ Ae re;ired %o 'ro$e i%.
2.Statement of details of the crime
People 0. &rios
131 S2& 2#
&ugust 3, 1513
En 7anc% 2oncepcion, 8r. 8.
Issue%
In a ca&e +or )omicide# m&% %)e in+orma%ion alle(e %)e de%ail& o+ %)e
crimeJ
9eld%
No. T)e rle i& %)a% ma%%er& o+ e$idence# a& di&%in(i&)ed +rom %)e
+ac%& e&&en%ial %o %)e de&cri'%ion o+ %)e oBen&e# need no% Ae a$erred. All %)a%
i& re;ired i& %)a% %)e c)ar(e Ae &e% +or%) 7i%) 'ar%iclarl/ a& 7ill rea&onaAl/
indica%e %)e eGac% oBen&e 7)ic) %)e acc&ed i& alle(ed %o )a$e commi%%ed
and 7ill enaAle )im %o in%elli(en%l/ 're'are )i& de+en&e.
People 0. Pere/
#1: S2)& #55
Decemer 16, 2663
Second Di0ision% 2alle"o, 8r., 8.
,uestion%
1a/ acc&ed Ae con$ic%ed o+ mrder 7)ere %)e in+orma%ion +ail& %o
de&criAe %)e 7ea'on )e &ed in &%aAAin( )i& $ic%imJ
&nswer%
Ye&. T)a% %)e In+orma%ion doe& no% de&criAe %)e 7ea'on &ed in
&%aAAin( %)e $ic%im i& incon&e;en%ial. T)e Iind or na%re o+ %)e 7ea'on
&ed in %)e commi&&ion o+ %)e crime need no% Ae alle(ed in %)e com'lain% or
In+orma%ion. I% i& no% one o+ %)e ma%%er& re;ired A/ Sec. 8# Rle 11> o+ %)e
Re$i&ed Rle& o+ Criminal Procedre.
3.Su$cienc! of allegation in liel
Das?ue/ 0. 2&
31# S2)& #=6
Septemer 13, 1555
En 7anc% 4endo/a, 8.
Issue%
In an in+orma%ion +or liAel# )o7 &)old %)e 'rin%ed liAelo& &%a%emen%
Ae alle(edJ
9eld%
T)e rle i& %)a% %)e in+orma%ion m&% &e% o% %)e 'ar%iclar de+ama%or/
7ord& $erAa%im and a& 'Ali&)ed and %)a% a &%a%emen% o+ %)eir &A&%ance i&
in&?cien%. 0o7e$er# a de+ec% in %)i& re(ard ma/ Ae cred A/ e$idence. In
%)i& ca&e# %)e ar%icle 7a& 're&en%ed in e$idence# A% acc&ed +ailed %o oAEec%
%o i%& in%rodc%ion. In&%ead# )e en(a(ed in %)e %rial o+ %)e en%ire ar%icle# no%
onl/ o+ %)e 'or%ion& ;o%ed in %)e in+orma%ion# and &o()% %o 'ro$e i% %o Ae
%re. In doin( &o# )e 7ai$ed oAEec%ion Aa&ed on %)e de+ec% in %)e in+orma%ion.
Con&e;en%l/# )e canno% rai&e %)i& i&&e on a''eal.
F: Suppose the information is defective because there are some
essential facts reAuired by law which are not stated. 2an it be cured
during the trialO
*: I5S. *ny defect in the complaint or information may be cured by
evidence introduced by the prosecution, 5P25!1:
1. when the defect is jurisdictional !eople vs. *bad Santos, 4/
!hil. 4##)3 or
&. when the complaint or information does not charge any offense.
!eople vs. *ustria, $# !hil. .$4)
S52. 4. ?ame of the accused. 1he complaint or
information must state the name and surname of the accused
or any appellation or nic8name by which he has been or is
8nown. 7f his name cannot be ascertained, he must be
described under a fictitious name with a statement that his
true name is un8nown.
7f the true name of the accused is thereafter disclosed by
him or appears in some other manner to the court, such true
name shall be inserted in the complaint or information and
record. 4a)
-ame of the &ccused%
1. What must e stated in the information%
a. T)e name and &rname o+ %)e acc&ed# or
. An/ a''ella%ion or nicIname A/ 7)ic) )e )a& Aeen or i& Ino7n
2. If the name of the accused cannot e ascertainedM
a. 0e m&% Ae de&criAed nder a !c%i%io& name# and
. T)ere m&% Ae an accom'an/in( &%a%emen% %)a% )i& %re name i&
nIno7n
3. E@ect if the true name of the accused is thereafter disclosed
! him or appears in some other manner to the court%
Sc) %re name &)all Ae in&er%ed in %)e com'lain% or in+orma%ion and
record
1.Erroneous designation of name
People 0. 2agadas
153 S2)& 21=
8anuar! 23, 1551
'irst Di0ision% (rino.&?uino, 8.
'acts%
K.o&eL Cl%ra 7a& c)ar(ed 7i%) o%)er& o+ %)e crime o+ mrder. A+%er
con$ic%ion A/ %)e %rial cor% and 7)ile %)e ca&e 7a& 'endin( re$ie7# )e
claimed %)a% )i& name i& RoAer%o Cl%ra# and %)e 'er&on c)ar(ed in %)e
in+orma%ion i& ac%all/ K.o&eL Cl%ra# )i& +a%)er.
Issue%
S)old acc&ed Ae ac;i%%ed con&iderin( %)a% )i& name 7a&
erroneo&l/ de&i(na%ed in %)e in+orma%ionJ
9eld%
No. T)e con%en%ion o+ RoAer%o Cl%ra %)a% %)e %rial cor% erred in
con$ic%in( )im e$en i+ )e 7a& no% one o+ %)o&e indic%ed in %)e in+orma%ion
A% K.o&eL Cl%ra 2)i& +a%)erP& name3# )a& no meri%. T)e erroneo&
de&i(na%ion o+ )i& name in %)e in+orma%ion 7ill no% $i%ia%e i%# a& i% 7a& clearl/
'ro$en %)a% %)e acc&ed# RoAer%o Cl%ra# 7a& 'ar% o+ %)e (ro' %)a%
arre&%ed# )o(%ied and Iilled %)e $ic%im. <e&ide&# Cl%ra did no% rai&e %)i&
;e&%ion o+ )i& iden%i%/ drin( %)e arrai(nmen%. 0i& ac;ie&cence %o Ae %ried
nder %)e name K.o&eL a% %)a% &%a(e o+ %)e ca&e i& deemed %o Ae a 7ai$er on
)i& 'ar% %o rai&e %)e ;e&%ion o+ )i& iden%i%/ a& one o+ %)e acc&ed +or %)e !r&%
%ime on a''eal.
F: "ne of the reAuirements under Section 4 is that the name of the
accused must be stated in the information. Jhat is the effect of an
erroneous name given to the accused in the complaint or informationO
*: 1he defect is not fatal. 1he error will not produce any adverse
effect because what is important is the identity of the person of the
accused, not his name . !eople vs. +amos, .0 !hil. /.')
*mendment to insert the real name of accused is merely a matter of
form3 *ccused who entered a plea of not guilty under a wrong name is
estopped from later on Auestioning the courtLs jurisdiction over his
person. !eople vs. !adica, et al., &&1 S2+* '/&)
1he erroneous designation of the name of one of the accused in the
information will not vitiate it. Dis acAuiescence to be tried under the
name :>ose9 at that statege of the case is deemed to be waiver on his part
to raise that Auestion. !eople vs. 2agadas, >r. et al., 1$' S2+* &1/)
S52. .. <esignation of the offense. 1he complaint or information
shall state the designation of the offense given by the statute, aver
the acts or omissions constituting the offense, and specify its
Aualifying and aggravating circumstances. 7f there is no
designation of the offense, reference shall be made to the section or
subsection of the statute punishing it. .a)
Designation of the A@ense
1. <he complaint or information shall%
a. &%a%e %)e de&i(na%ion o+ %)e oBen&e (i$en A/ %)e &%a%%e#
. a$er %)e ac%& or omi&&ion& con&%i%%in( %)e oBen&e# and
c. &'eci+/ i%& ;ali+/in( and a((ra$a%in( circm&%ance&
2. If there is no designation of the o@ense%
re+erence &)all Ae made %o %)e &ec%ion or &A&ec%ion o+ %)e &%a%%e
'ni&)in( i%
1.Designation not controlling
&0ecilla 0. People
265 S2)& #==
8une 2, 1552
<hird Di0ision% )omero, 8.
'acts%
T)e in%rodc%or/ 'ara(ra') o+ %)e in+orma%ion &%a%e& %)a% acc&ed i& Aein(
c)ar(ed 7i%) &im'le %)e+%. <% %)e Aod/ con%ainin( %)e acc&a%or/ 'or%ion
men%ion& %)a% 7)a% )e %ooI i& a re(i&%ered mail.
Issue%
1a/ acc&ed Ae con$ic%ed o+ ;ali!ed %)e+% o+ mail ma%%erJ
9eld%
Ye&. T)e a$ermen%& in %)e com'lain% or in+orma%ion c)arac%eri6e %)e
crime %o Ae 'ro&ec%ed and de%ermine %)e cor% Ae+ore 7)ic) %)e ca&e m&%
Ae %ried. W)a% con%rol& i& no% %)e de&i(na%ion o+ %)e oBen&e A% %)e
de&cri'%ion %)ereo+ a& alle(ed in %)e in+orma%ion.
2.When section needs to e specifed
People 0. (utierre/
#63 S2)& 123
4a! 5, 2663
'irst Di0ision% >nares.Santiago, 8.
,uestion%
I& i% a re;iremen% %)a% +or an in+orma%ion %o Ae $alid %)e &'eci!c
&ec%ion o+ %)e la7 $iola%ed m&% Ae &%a%edJ
&nswer%
No. I% i& onl/ 7)en %)ere i& no &'eci!c name (i$en %o %)e oBen&e %)a%
re+erence %o %)e &ec%ion or &A&ec%ion o+ %)e &%a%%e 'ni&)in( i% ma/ Ae
made. T)i& &all/ a''lie& %o oBen&e& nder &'ecial la7&# in 7)ic) ca&e %)e
oBen&e i& de&criAed a& a $iola%ion o+ %)e &%a%%e 7)ic) de!ne& and 'enali6e&
i%. 1oreo$er# %)e real na%re o+ %)e criminal c)ar(e i& de%ermined no% +rom
%)e ca'%ion or 'reamAle o+ %)e in+orma%ion# nor +rom %)e &'eci!ca%ion o+ %)e
'ro$i&ion o+ la7 alle(ed %o )a$e Aeen $iola%ed# a& %)e&e are mere concl&ion&
o+ la7. Ra%)er# %)e na%re o+ %)e acc&a%ion i& de%ermined A/ %)e ac%al
reci%al o+ +ac%& in %)e com'lain% or in+orma%ion. I% i& no% e$en nece&&ar/ +or
%)e 'ro%ec%ion o+ %)e &A&%an%ial ri()%& o+ %)e acc&ed Ae in+ormed o+ %)e
%ec)nical name o+ %)e crime o+ 7)ic) )e &%and& c)ar(ed.
"nly the designation of the offense given by the statute is
necessary it is only when there is no specific name given to the
offense that reference to the action or subsection of the statute
punishing it may be made, and this actually applies to offenses
under special laws. !eople vs. %utierreB, #(' S2+* 14. G&(('H)
1he real nature of the charge is determined not from the
caption or preamble of the information, not from the
specification of the provision of law alleged to have been
violated, but by the actual recital of facts in the complaint or
information. ibid)
*n information is sufficient if it states that the statutory
designation of the offense and the acts or omissions
consisting the same, since in rape cases, time of the
commission of the crime is not a :material ingredient9 of the
offense. 1herefore, accused cannot be convicted of a crime
with which he has not been charged even if the evidence
shiws that he committed the same. !eople vs. Soriano, '.'
S2+* /4/ G&((&H)
*n information or complaint must state e@plicitly and
directly every act or omission constituting an offense and
must allege facts establishing condict that a penal statute
ma8es criminal3 and describe the property which is the
subject of theft to advise the accused with reasonable
certainty of the accusation he is called upon to meet at the
trial and to enable him to rely on the judgment thereunder of
a subseAuent prosecution for the same offense. 7t must show,
on its face, that if the alleged facts are true, an offense has
been committed. 1he rule is rroted on the constitutional right
of the accused to be informed of the nature of the crime or
cause of the accusation against him. De cannot be convicted
of an offense even if proven unless it is alleged or necessarily
included in the 7nformation filed against him. ,aurel vs.
>udge *brogar, et al., %+ ?o. 100(4/, Eeb. &4, &((/)
1he allegation in the information that the accused
:wilfully, unlawfully and feloniously commit se@ual abuse on
his daughter either by raping her or committing acts of
lasciviousness on her9 is not sufficient averment of the acts
constituting the offense as reAuired under Sec. ., +ule 11(,
for these are conclusions of law, not facts. !eople vs. <ela
2ruB, '.' S2+* #1( G&((&H)
7n any case, it is worth saying that the +evised +ules on
2riminal !rocedure which too8 effect on <ec. 1, &(((, now
reAuires that the aggravating, as well as the Aualifying
circumstances, be e@pressly and specifically alleged in the
complaint or information. "therwise, they cannot be
considered by the trial court, even if they are subseAuently
proved during trial. !eople vs. 2asitas, >r., '$4 S2+* '.&
G&(('H)
1he additional attendant circumstances introduced by
+epublic *ct 4/0$ should be considered as special Aualifying
circumstances distinctly applicable to the crime of rape and if
not pleaded as such could only be appreciated as generic
aggravating circumstances. P@@ * ccused=appellantLs
relationship to the victim although proven but not alleged in
the information, cannot be considered to be Aualifying
circumstances. !eople vs. %allo, '10 S2+* #/1)
1he 2ourt has repeatedly Aualified cases of rape where the
twin circumstances of minority and relationship have been
specially alleged in the 7nformation even without the use of
the descriptive words :Aualifying9 or :Aualified by9.
1herefore, we reiterate that Sections . and $ of the +ule 11(
merely reAuire that the 7nformation allege, specify or
enumerate the attendant circumstances mentioned in the law
to Aualify the offense. 1hese circumstances need not be
preceded by the words :aggravating)Aualifying9,
:Aualifying,9 or :Aualified by,9 to be considered as Aualifying
circumstances. 7t is sufficient that these circumstances be
specified in the 7nformation to apprise the accused of the
charges against him to enable him to prepare fully for his
defense, thus, precluding surprises during the trial.!eople vs.
*Auino, './ S2+* '$1 G&((&H)
1he penalty of death cannot be automatically imposed on
the accused merely because of the trail courtLs appreciation of
both the fact of minority and relationship, no matter how
clearlt established. >urisprudence dictates that these twin
facts be alleged in the 7nformation or 2omplaint before death
can properly be inposed.
7n Aualified rape, both the fact of minority of the victim
and the actual relationship between the parties as worded in
+* 4/0$, must be alleged in the 7nformation. !eople vs.
<ubduban, '1( S2+* 1/.)
1he Aualifying circumstances must be proved with eAual
certainty and clearness as the crime itself, otherwise, there
can be no conviction of the crime in its Aualified form3 !roof
of age of the victim cannot consist merely of her testimony.
1he testimony of the victim as to her age, even if
corroborated by that of her father, is not sufficient proof of
her minority3 ?either can stipulation of the parties with
repsepct to the victimLs age be considered sufficient proof of
minority. !eople vs. Sitao, '.4 S2+* 4(1G&((&H)
1here is one major change here. 1he law now specifically emphasiBes
under Section . and Section $ that you do not only mention the crime.
Iou must also specify the aggravating and the Aualifying circumstance.
Jhat is new here is the :aggravating.9
1he old rule is, there is no need of specifying the aggravating
circumstances because anyway, they are not elements of the crime. 1hey
are only circumstances that affect the criminal liability and if the
aggravating circumstances are proven, they can still be applied against
the accused. 1he new law now says you do not only specify the
Aualifying, you also mention the aggravating. ?ow, how does it affect
the old jurisprudenceO
!roblem: 1he information does not allege the aggravating
circumstances. 7n the course of the trial, the prosecution starts proving.
Cnder the new rule, the defense can object to any evidence to prove the
aggravating circumstance because the same is not mentioned in the
information. -ut 7 will go further: an aggravating circumstance is not
alleged in the information and the prosecution starts proving and there
was no objection on the part of the defense. ?ow, can the court in
imposing the penalty, consider the aggravating circumstanceO
*: My personal view is I5S because of the waiver for failure to
object, in the same manner that an aggravating circumstance not alleged
may still be considered as such. My only interpretation of this provision
is that if this is not alleged in the complaint or information and the
prosecution starts proving it, the defense can object and that objection
must be sustained. -ut if there is no objection, the old rule can still be
applied because of estoppel or waiver.
?ote the following case:
!eople vs. <acillo y 1imtim alias <odoy, et al., %+ ?o. 1#$'/., *pril
1#, &((# said that the aggravating circumstance of recidivism was not
alleged in the information and therefore cannot be appreciated against
appellant.
S52. $. 2ause of the accusation 1he acts or omissions
complained of as constituting the offense and the Aualifying and
aggravating circumstances must be stated in ordinary and concise
language and not necessarily in the language used in the statute but
in terms sufficient to enable a person of common understanding to
8now what offense is being charged as well as its Aualifying and
aggravating circumstance and for the court to pronounce judgment.
$a)
9ow the &llegations in the Information Shall e Stated
1. I% i& no% nece&&ar/ %)a% %)e/ Ae &%a%ed in %)e lan(a(e &ed in %)e
&%a%%e9
2. T)e/ E&% )a$e %o Ae &%a%ed in ordinar/ and conci&e lan(a(e9
3. T)e %erm& m&% Ae &?cien%M
1. %o enaAle a 'er&on o+ common nder&%andin( %o Ino7M
1. 7)a% oBen&e i& Aein( c)ar(ed#
2. i%& ;ali+/in( and a((ra$a%in( circm&%ance&# and
2.+or %)e cor% %o 'rononce Ed(men%.
1.)etroacti0it! of rule
People 0. Sa!aoc
#15 S2)& =35
8anuar! 13, 266#
En 7anc% Da0ide, 8r., 28

'acts%
Acc&ed 7a& con$ic%ed A/ %)e RTC o+ mrder. Amon( o%)er&# %)e cor%
a''recia%ed %)e a((ra$a%in( circm&%ance o+ cra+% and 'rice or re7ard 7)ic)
7ere no% alle(ed in %)e in+orma%ion# alAei% 'ro$ed drin( %)e %rial. T)e
in+orma%ion 7a& da%ed A'r. 1=# 1FF-. On Dec. 1# ">>># %)e ">>> Rle& on
Criminal Procedre %ooI eBec%. Sec. D and Sec. F# Rle 11># re;ire
a((ra$a%in( and ;ali+/in( circm&%ance& %o Ae alle(ed in %)e in+orma%ion#
7)erea& %)e 1FD- Rle& did no% re;ire i%.
Issue%
S)old &aid Sec. D and F o+ Rle 11> Ae (i$en re%roac%i$e eBec%J
9eld%
Ye&. T)e a((ra$a%in( circm&%ance& o+ cra+% and 'rice or re7ard# e$en
i+ 'ro$ed# can nei%)er Ae con&idered Aeca&e %)e/ 7ere no% &'eci!call/
alle(ed in %)e in+orma%ion. Sec. D# Rle 11> re;ire& %)a% %)e in+orma%ion
&'eci+/ %)e a((ra$a%in( circm&%ance& a%%endin( %)e commi&&ion o+ %)e
crime +or i% %o Ae con&idered in %)e im'o&i%ion o+ 'enal%/. T)i& re;iremen% i&
Aene!cial %o an acc&ed and ma/# %)ere+ore# Ae (i$en re%roac%i$e eBec%.
2.&llegation of recidi0ism
People 0. Dacillo
#2: S2)& 321
&pril 1#, 266#
En 7anc% 2orona, 8.
,uestion%
W)a% are %)e re;i&i%e& Ae+ore %)e a((ra$a%in( circm&%ance o+
recidi$i&m ma/ Ae a''recia%ed a(ain&% an acc&edJ
&nswer%
In order %o a''recia%e recidi$i&m a& an a((ra$a%in( circm&%ance# i% i&
nece&&ar/ %o alle(e i% in %)e in+orma%ion and %o a%%ac) cer%i!ed %re co'ie& o+
%)e &en%ence& 're$io&l/ me%ed o% %o %)e acc&ed. T)i& i& in accord 7i%)
Rle 11># Sec. D o+ %)e Re$i&ed Rle& o+ Criminal Procedre 7)ic) &%a%e& %)e
com'lain% or in+orma%ion &)all &%a%e %)e de&i(na%ion o+ %)e oBen&e (i$en A/
%)e &%a%%e# a$er %)e ac%& or omi&&ion& con&%i%%in( %)e oBen&e# and &'eci+/
i%& ;ali+/in( and a((ra$a%in( circm&%ance&.
3.&llegation in preamle
People 0. 7ali.alita
3#6 S2)& 3#6
Septemer 13, 2666
En 7anc% (on/aga.)e!es, 8.
'acts%
T)e 'reamAle o+ %)e In+orma%ion read&M
3The undersigned accuses $>9>+&%( ?A9%-?A9%TA, common law
husband of the complainant;s mother, of the crime 'ape, committed as
follows25
Issue%
Wa& %)e !lia%ion o+ acc&ed %o %)e $ic%im 'ro'erl/ alle(ed in %)e
in+orma%ionJ
9eld%
No. T)e rela%ion&)i' o+ %)e acc&ed %o %)e $ic%im i& &%a%ed a& a more
de%ailed de&cri'%ion o+ %)e iden%i%/ o+ %)e 'ar%/ 7)o commi%%ed %)e crime
c)ar(ed. Sc) rela%ion&)i' i& no% &%a%ed in %)e Vca&e o+ %)e acc&a%ionL or in
%)e narra%ion o+ %)e ac% or omi&&ion& con&%i%%in( %)e oBen&e. De 'roce&&
re;ire& %)a% %)e acc&ed i& dl/ in+ormed o+ %)e na%re and %)e ca&e o+ %)e
acc&a%ion a(ain&% )im. Sc) a re;iremen% i& 'rimaril/ in%ended %o enaAle
%)e acc&ed %o &i%aAl/ 're'are +or )i& de+en&e a& )e i& 're&med innocen%.
W)a% i& con%rollin( i& %)e de&cri'%ion o+ %)e criminal ac% and no%# a& in %)i&
ca&e# %)e de&cri'%ion o+ %)e iden%i%/ o+ %)e acc&ed. T)e real na%re o+ %)e
criminal c)ar(e i& de%ermined no% +rom %)e ca'%ion or %)e 'reamAle o+ %)e
in+orma%ion nor +rom %)e &'eci!ca%ion o+ %)e 'ro$i&ion o+ la7 alle(ed %o )a$e
Aeen $iola%ed# A% +rom %)e ac%al reci%al o+ %)e +ac%& a& alle(ed in %)e Aod/
o+ %)e in+orma%ion.
People 0. 4endo/a
#6: S2)& 3=3
8ul! 31, 2663
En 7anc% 2arpio.4orales, 8.
'acts%
T)e 'reamAle o+ %)e com'lain% a(ain&% %)e acc&ed &%a%edM
3The undersigned private complainant, $(+A9%NA $>+,(NA, )ilipino,
1= "ears old, single and a resident of ?aranga" (l"mpia, ?ais &it", hereb"
accuses '(9A+,( $>+,(NA F ,>9A &'4N of the crime of rape...5
Issue%
Since %)e a(e o+ %)e $ic%im 7a& no% &%a%ed in %)e Aod/ o+ %)e
in+orma%ion# can acc&ed Ae con$ic%ed o+ ;ali!ed ra'eJ
9eld%
No. T)e a(e o+ %)e $ic%im a% %)e %ime o+ %)e !lin( o+ %)e com'lain%
merel/ a''ear& in %)e ca'%ion or 'reamAle %)ereo+ a& a de&cri'%ion o+ )er a&
%)e 'ri$a%e com'lainan%. 0er a(e a% %)e %ime %)e inciden% occrred 7a&#
)o7e$er# no% &'eci!ed in %)e acc&a%or/ 'or%ion o+ %)e com'lain%. Sc)
omi&&ion i& 'reEdicial %o %)e ri()% o+ acc&ed %o Ae in+ormed o+ %)e na%re o+
%)e acc&a%ion a(ain&% )im. I% i& no% &?cien% %o &im'l/ alle(e %)e ;ali+/in(
circm&%ance& in %)e ca'%ion or %)e 'reamAle A%# more im'or%an%l/# %)e&e
m&% Ae alle(ed in %)e Aod/ or %)e acc&a%or/ 'or%ion o+ %)e in+orma%ion.
People 0. Dillanue0a
#13 S2)& #31
Actoer 13, 2663
En 7anc% 7ellosillo, 8.
'acts%
T)e 'reamAle o+ %)e in+orma%ion +or ince&%o& ra'e &%a%e&M

3The 4ndersigned *rosecutor, at the instance of the oMended part",
'eseilleta &. Oillanueva, accuses 'ogelio Oillanueva, her father, of the crime
of 'ape under Art. ==P
of the 'evised *enal &ode, in relation to '.A. D@P/, committed as follows25
Issue%
I& %)i& circm&%ance o+ rela%ion&)i' &?cien%l/ alle(ed %o ;ali+/ %)e
oBen&eJ
9eld%
Ye&. No%)in( in %)e rle& manda%e& %)e ma%erial alle(a%ion& &)old Ae
&%a%ed in %)e Aod/ and no% in %)e 'reamAle or ca'%ion o+ %)e In+orma%ion.
In&%ead# Ao%) &ec%ion& &%a%e %)a% a& lon( a& %)e 'er%inen% and &i(ni!can%
alle(a%ion& are enmera%ed in %)e In+orma%ion i% 7old Ae deemed &?cien%
in +orm and &A&%ance. I% i& irrele$an% and imma%erial 7)e%)er %)e ;ali+/in(
circm&%ance o+ rela%ion&)i' i& men%ioned in %)e o'enin( 'ara(ra') o+ %)e
in+orma%ion or in %)e &econd 'ara(ra') 7)ic) alle(e& %)e ac%& con&%i%%in(
%)e crime c)ar(ed &ince ei%)er 'ara(ra') i& an in%e(ral 'ar% o+ %)e
in+orma%ion. T)e 'reamAle &)old no% Ae %rea%ed a& a mere (ro'in( o+
de&cri'%i$e 7ord& and ')ra&e&. I% i& a& mc) a& e&&en%ial 'ar% o+ %)e
In+orma%ion a& %)e acc&a%or/ 'ara(ra') i%&el+.
#.'ailure to specif! nature of circumstance
People 0. <igle
#26 S2)& #2#
8anuar! 21, 266#
En 7anc% 2arpio, 8.
'acts%
Acc&ed 7a& con$ic%ed o+ mrder. W)ile %)e in+orma%ion alle(ed
%reac)er/ and e$iden% 'remedi%a%ion# i% did no% &%a%e %)e&e circm&%ance&
7i%) &'eci!ci%/ a& ;ali+/in( %)e crime %o mrder.
Issue%
Con&iderin( %)a% Sec. D o+ Rle 11> o+ %)e Rle& o+ Cor%# re;ire& %)a%
%)e in+orma%ion &'eci+/ i%& ;ali+/in( and a((ra$a%in( circm&%ance# can
acc&ed Ae con$ic%ed o+ mrderJ
9eld%
Ye&. Sec. D and F o+ Rle 11> merel/ re;ire %)a% %)e In+orma%ion
alle(e# &'eci+/ or enmera%e %)e a%%endan% circm&%ance& men%ioned in %)e
la7 %o ;ali+/ %)e oBen&e. T)e&e circm&%ance& need no% Ae 'receded A/ %)e
7ord& Ka((ra$a%in(:;ali+/in(#L K;ali+/in(#L or K;ali!ed A/L %o Ae
con&idered a& ;ali+/in( circm&%ance&. I% i& &?cien% %)a% %)e&e
circm&%ance& Ae &'eci!ed in %)e in+orma%ion %o a''ri&e %)e acc&ed o+ %)e
c)ar(e& a(ain&% )im %o enaAle )im %o 're'are +ll/ +or )i& de+en&e# %)&
'recldin( &r'ri&e& drin( %)e %rial. W)en %)e 'ro&ec%ion &'eci!call/
alle(e& in %)e In+orma%ion %)e circm&%ance& men%ioned in %)e la7 a&
;ali+/in( %)e crime# and &cceed& in 'ro$in( %)em Ae/ond rea&onaAle
doA%# %)e Cor% i& con&%rained %o im'o&e %)e )i()er 'enal%/ manda%ed A/
la7.
3.E@ects on ci0il liailit! of failure to allege
People 0. &gude/
#21 S2)& =52
4a! 26, 266#
En 7anc% &ustria.4artine/, 8.
'acts%
T)e in+orma%ion +ailed %o alle(e %)a% %)e crime o+ mrder 7a&
commi%%ed 7i%) %)e 're&ence o+ a((ra$a%in( circm&%ance o+ Aand and
nin)aAi%ed 'lace. Drin( %)e %rial# )o7e$er# %)e 'ro&ec%ion 7a& aAle %o
'ro$e i% 7i%)o% an/ oAEec%ion +rom %)e acc&ed. <% con&iderin( %)e
re;iremen%& o+ Sec. D and Sec. F o+ Rle 11> o+ %)e Rle& on Criminal
Procedre %)a% i% )a& %o Ae alle(ed in %)e in+orma%ion# %)e circm&%ance cold
no% Ae con&idered in im'o&in( %)e 'enal%/.
Issue%
Can &aid circm&%ance& ne$er%)ele&& Ae a''recia%ed in !Gin( %)e ci$il
liaAili%/ o+ %)e acc&ed# 'ar%iclarl/ in %)e im'o&i%ion o+ eGem'lar/ dama(e&J
9eld%
Ye&. T)e 're&ence o+ %)e a((ra$a%in( circm&%ance& o+ Aand and
nin)aAi%ed 'lace 7ere 'ro$en in %)e %rial. W)ile %)e&e circm&%ance& cold
no% a((ra$a%e %)e crime Aeca&e %)e/ 7ere no% &'eci!call/ alle(ed in %)e
in+orma%ion# in&o+ar a& %)e ci$il a&'ec% o+ %)e ca&e i& concerned# %)e 're&ence
o+ %)e&e a((ra$a%in( circm&%ance& en%i%le& %)e )eir& %o eGem'lar/ dama(e&.
F: Suppose the offense says, :criminal case for murder9 but in the body
of the information there is no allegation of a Aualifying circumstance.
Jhat does the fiscal charge, Murder or DomicideO
*: D"M727<5. 1he S2 held that the designation of the offense is not
an essential element of a complaint or information, because, at most that
is a mere conclusion of the fiscal. Jhat is controlling is the recital of
facts appearing in the body of the complaint or information. !eople vs.
*gito, *pril &., 1$0.3 !eople vs. 2osare, $0 !hil. /0/)
-ut there are some 5P25!17"?S li8e what happened in the case of
C.S. vs. 172M"?
&0 !hil. /4
E*21S: * complaint was filed by the woman stating that
:while the offended party was inside her house at night and all
the doors were loc8ed and all the windows were closed, the
accused surreptitiously entered the house and approached the
offended party who was asleep, raised her s8irt and at that very
moment the woman wo8e up and resisted.9 G1his can be an
attempted rape but the element of the crime was not fully
accomplished because of an act or accident other than her own
resistance.H -ut sabi ng caption, :for trespass to dwelling9
pwede man din.
D5,<: Sabi mo, :trespass9. "6, eh di trespassV So the
caption prevails. Jhen the facts appearing in the complaint or
information are so stated that they are capable of two or more
interpretations, then the designation of the offense in the caption
controls.
1a8e note that under the new rape law, +* 4/0$, there are some
circumstances which if present call for the mandatory death penalty. 7n
the case of
!5"!,5 vs. M*?DCI"<, >+.
May &(, 1$$.
D5,<: Jhen you charge somebody with a heinous crime
such as rape, the information must ma8e reference to the new
law. 7f not, it will only be translated as an ordinary aggravating
circumstance because the information was charged after the
effectivity of the heinous crime law.
:Einally, a few words on the lac8 of care devoted to the
preparation of the information filed before the trial court. 1he
"ffice of the !rovincial !rosecutor had in its possession
evidence that the crime was committed by a father against his
14=year old daughter after the effectivity of +.*. ?o. 4/0$,
hence the imposable penalty was death. 7t was then necessary to
ma8e reference to the amendatory law to charge the proper
offense that carried the mandatory imposition of capital
punishment.9
:!rosecutors are thus admonished to e@ercise utmost care and
diligence in the preparation of complaints or informations to
avert legal repercussions which may prove prejudicial to the
interest of the State and private offended parties.9
F: *ccording to Section $, the elements of the crime must be recited in
the complaint or information. Must the e@act language of the law be
usedO
*: ?". Iou can use other words provided it would convey the same
idea or thought.
5P*M!,5: 1D5E1. 1he information does not contain the allegation
:intent to gain9 which is an element of the crime of theft. 1he S2 said it
is not reAuired because those words are presumed from the information
that the accused appropriated to himself the things belonging to the
offended party. C.S. vs. *labot, '. !hil. /$.)
5P*M!,5: +"--5+I J71D E"+25 C!"? 1D7?%S. 1here was
no allegation that the accused entered the house of the victim with the
use of force upon things but the information alleges that the accused
entered the house of the victim by passing through a hole in the ceiling,
an opening not intended for entrance. *no yanO 1he S2 said that is
tantamount to use of force upon things. !eople vs. ,areBa, 4' !hil. /0.)
5P*M!,5: MC+<5+. 1here was no allegation of treachery
alevosia) but the information says that when the accused 8illed the
victim, the latter was not in the position to defend himself. 1he S2 said
they mean the same thing. 7n fact, it became clearer. !eople vs.
%ustahan, #4 !hil. '4/)
*nother interesting case of treachery is the case of
!5"!,5 vs. *-CI5?
&1' S2+* 0/$ 1$$&)
E*21S: 1he accused here 8illed two &) children, one was
aged / years and the other was 1' years old. De stabbed them.
1he information charges the accused with the 8illing the &
minors. 1here is no statement that there was treachery. *ll that
the information says is that the accused 8illed the & :minors.9
7SSC5: Jas there a murderO
D5,<: I5S. Jhen the accused 8illed the minors, that is
eAuivalent of 8illing by treachery and therefore Aualifies the
8illing to murder.
:7t has, time and again, been held that the 8illing of minor
children who, by reason of their tender years, could not be
e@pected to put up a defense is considered attended with
treachery even if the manner of attac8 was not shown. 1he
allegation in the 7nformation that the victims are both minors is
to be considered compliance with the fundamental rule that the
Aualifying circumstances should be alleged in the information.9
:7t is commonly understood in practice that when the victim
in physical injuries, homicide, or murder cases is a child of
tender years, he is described in the information as a minor.
Minority in such a case should not be eAuated with its statutory
meaning S that is, below eighteen 1.) years old. 7t is used not
so much as to state the age of the victim otherwise, the
charging fiscal would have simply placed the e@act ages) rather,
it is more of a description of the state of helplessness of the
young victim.9
F: 2"?S!7+*2I. >et and !ao are charged for murder but in the
information, it was >et who 8illed the victim. ?ow, in conspiracy, the act
of one is the act of all. Jould that sufficiently charge !aoO
*: ?". 7t is necessary to describe the conspiracy to implicate !ao.
"therwise if the allegation of conspiracy is not shown against !ao, then,
there is no crime of conspiracy. 1his is the guideline laid down by the
S2 in the 1$$. case of
!5"!,5 vs. FC71,"?%
&$& S2+* &/(
D5,<: :Cnli8e the omission of an ordinary recital of fact
which, if not e@cepted from or objected to during trial, may be
corrected or supplied by competent proof, an allegation,
however, of conspiracy, or one that would impute criminal
liability to an accused for the act of another or others, is
indispensable in order to hold such person, regardless of the
nature and e@tent of his own participation, eAually guilty with
the other or others in the commission of the crime. ;erily, an
accused must 8now from the information whether he faces a
criminal responsibility not only for his acts but also for the acts
of his co=accused as well.9
Meaning, if you are charging me for what my companion did,
you better be clear that there is conspiracy para ma=apply yung
doctrine na Nthe act of one is the act of all.L
:1he opinion of the trial court to the effect that conspiracy
may be inferred from the allegation of abuse of superior
strength and with the aid of armed men is difficult to accept. the
information must state that the accused have confederated to
commit the crime or that there has been a community of design,
a unity of purpose or an agreement to commit the felony among
the accused. 2onspiracy must be alleged, not just inferred, in the
information on which basis an accused can aptly enter his plea,
a matter that is not to be confused with or li8ened to the
adeAuacy of evidence that may be reAuired to prove it.9
Iou can prove conspiracy by direct evidence, which is difficult
because it needs one who listened. So usually you rely on circumstantial
evidence. 7n criminal law, when two or more persons act together in
unison to attain the same criminal objective, then conspiracy can be
inferred. Meaning, you can use the testimony of a witness on certain
circumstances as evidence to convict a person but for purposes of filing
the case, you must e@pressly allege it.
1herefore, for purposes of charging e@press. Eor purposes of
proving implied. 1his is precisely because directly proving it, is
difficult. 1he manner of charging is different from the manner of
proving. !eople vs. Fuitlong, supra)
5P*M!,5: <7+521 *SS*C,1. 1he S2 said it is not enough for the
information to say that the victim is a person in authority. 1he charge for
such offense must be so framed as to clearly allege the functions of the
person assaulted, so as to show that he comes under the definition of
person in authority. !eople vs. 2arpiBo, .( !hil. &'#) "f course, 7
believe that if the position is obvious, the court will ta8e judicial notice
of that. 1here is no need to describe. -ut if it comes to some position
which are not really common, the information must recite the functions.
5P*M!,5: 1+5*S"?. *n information for treason is insufficient if
it merely alleges generally that the accused had adhered to the enemy,
giving her aid and comfort. 1he charge must be specific by stating what
is termed as overt act of giving aid and comfort to the enemy. %uinto
vs. ;eluB, 44 !hil. 4$.)
5P*M!,5: ,7-5,. 7n charging libel, the prosecution must single
out the libelous statements and Auote verbatim in the complaint or
information. !eople vs. -ustos, 0$ !hil. '40)
Je will go to another issue regarding D*-71C*, <5,7?FC5?2I.
1he case is
!5"!,5 vs. ;5?CS
/' !hil. #'0
E*21S: 1he 2ity Eiscal of Manila file with the 2E7 of
Manila an information charging the accused with the crime of
robbery in an inhabited house. 1he information alleges, among
others,9 that the accused is a habitual delinAuent, he having been
previously convicted by final judgement rendered by a
competent court, once for the crime of attempted robbery in an
inhabited house and once for theft, the date of his last
conviction being ?ovember 1#, 1$'#.
?ote: 1here is habitual delinAuency when, for a period of ten
1() years, from the date of his last conviction or release for a
crime of serious or less serious physical injuries, robbery, theft,
estafa and falsification, he is found guilty of any of said crimes,
a third time or oftener.
7SSC5: Jas there a sufficient allegation of habitual
delinAuencyO
D5,<: ?". :Dabitual delinAuency, can not be ta8en into
account in the present case because of the insufficiency of the
allegation on this point in the city fiscalXs information. Jhile the
information specifies the particular offense attempted robbery
in an inhabited house) for which the defendant=appellant was
alleged to have previously been convicted and also the date of
the last conviction for theft which occurred prior to the date of
the commission of the offense now charged. -ut this does not
ma8e the information sufficient in law for it fails to specify the
date of the conviction of the accused for the crime of attempted
robbery. Eor all we 8now, the two previous convictions for
attempted robbery in an inhabited house and theft may have
ta8en place on the same date ?ovember 1#, 1$'#) or on two
different dates so close together as to warrant the court in
considering the two convictions as only one for the purposes of
the application of the habitual delinAuency law.9
:Cpon the other hand, it may happen that a person accused of
robo, hurto, estafa or falsificacion may have been convicted of
any of said offenses after the commission of the crime with
which he is charged. Je have already held that previous
convictions in order to be considered for the purpose of
imposing the additional penalty for habitual delinAuency, must
precede the commission of the crime charged. "ther instances
may be mentioned but those given suffice to demonstrate the
necessity of charging the e@istence of habitual delinAuency with
sufficient clearness and certainty to enable the courts to properly
apply the provisions of our law on the subject.9
:7t is therefore urged upon prosecuting attorneys that in the
prosecution of cases of this nature, they should not content
themselves with a general averment of habitual delinAuency but
should specify the dates:
1. of the commission of the previous crimes,
&. of the last conviction or release, and
'. of the other previous convictions or release of the
accused. :
:7nformations filed in these cases should be sufficiently clear
and specific to avoid the improper imposition of the additional
penalty on a plea of guilty to a general allegation of habitual
delinAuency, no less than the freAuency with which hardened
criminals escape the imposition of the deserved additional
penalty provided for by law.9
F: Must e@cepting clauses be alleged in a complaint or informationO
*: 7t <5!5?<S. 7f the e@cepting clause forms part of the definition
of the offense, it must be alleged3 but if it is a matter of defense, it need
not be alleged in a complaint or information. C.S. vs. 2han 1oco, 1&
!hil. &/&)
Sometimes it is hard to distinguish what is an element of a crime, and
what is a matter of defense as stated in a law. 1he e@ceptive clauses such
as :provided further9, and :provided furthermore9 are very confusing.
Sometime you get lost. *no ba itong :provided further9O 7s this part of
the crime or is it a part of the defenseO 2onfusing baV ,i8e in the old
case of
C.S. vs. !"M!5I*
'1 !hil. &#0
E*21S: 1he municipal government passed an ordinance
which reAuires all able=bodied male residence of the
municipality between the ages of 1. and '0 to assist in peace
and order campaign in the municipality by rendering services.
1he accused violated the ordinance. So he was charged. 1he
information says he is a resident of the municipality, he is male,
he is able=bodied and he refuses to render service to the
government. *ccording to the accused, the information is
defective, it does not reconcile all the elements because it does
not state how old he was. -ut according to the prosecutor, :?oV
7 do not have to allege your age. 7t is for you to prove that you
are below 1. or more than '0V9
7SSC5: Jhether or not the clause in the ordinance pertaining
to the age range of 1. to '0 is part of the crime, because if it is
part of the crime, then it must be alleged.
D5,<: 1he S2 ruled that the age reAuirement is an element
of the crime and therefore must be alleged. Eailure to allege it is
fatal because he may belong to the e@empt age in which case the
prosecution may not prosper.
,et us try to compare that in the case of
C.S. vs. I*" S7M
'1 !hil. '(1
E*21S: 1he accused was charged with violation of the
opium law. 1he opium law was the predecessor, the great
grandfather of the <angerous <rugs *ct. 1hat was the old law
which prohibits the use and smo8ing of opium without the
prescription of a licensed practicing physician.
1he accused argued that there is no crime committed because
the information did not allege that the accused has no
prescription from a duly licensed or a practicing physician. -ut
the prosecution contended that it is for the accused to prove that
he has a prescription. 1he element of the crime is only smo8ing
opium.
D5,<: 1he S2 said, the prosecution is correct. 7t is not part
of the crime, it is a matter of defense. 1he crime is smo8ing
opium, periodV -ut if you say you have prescription, then you
prove it.
1hat is sometimes the difficult areas in the law. Iou donLt 8now
whether it is part of a crime or just a part of your defense. 1here are
things that we have to determine. 1his is part of our study of Section $.
F: ,i8e for e@ample, 7,,5%*, !"SS5SS7"? "E E7+5*+MS. <o
you have to allege that the firearm is not licensedO
*: 1he S2 said I5S, that is part of the crime.
F: -ut in <*?%5+"CS <+C%S *21, it is different. 7f you are in
possession of opium, marijuana or whatever, you are liable if without
authority of law. ?ow, who will prove the authority of lawO 7s that part
of the definition of the crimeO
*: 1he S2 said ?". 7t is for you to prove that you are authoriBed.
1he crime is the possession or use of marijuana. 1hat you are authoriBed
to possess or smo8e is a matter of defense.
S52. 1(. !lace of commission of the offense. 1he complaint or
information is sufficient if it can be understood from its allegations
that the offense was committed or some of its essential ingredients
occurred at some place within the jurisdiction of the court, unless
the particular place where it was committed constitutes an essential
element of the offense charged or is necessary for its identification.
1(a)
9ow the Place of 2ommission 4ust e Stated in the Infromation
1. (eneral )ule%
I% ma/ Ae &%a%ed (enerall/ in a &en&e %)a% i% can Ae nder&%ood +rom i%&
alle(a%ion& %)a% %)e oBen&e 7a& commi%%ed or &ome o+ i%& e&&en%ial
in(redien%& occrred a% &ome 'lace 7i%)in %)e Eri&dic%ion o+ %)e cor%.
2. E*ception + It must e specifc when the particular place where
it was committed%
1. con&%i%%e& an e&&en%ial elemen% o+ %)e crime c)ar(ed# or
2. i& nece&&ar/ +or i%& iden%i!ca%ion
1.Erroneous designation of place
People 0. Hucas
232 S2)& 33:
4a! 23, 155#
'irst Di0ision% Da0ide, 8r., 8.
,uestion%
1a/ an acc&ed Ae $alidl/ con$ic%ed 7)ere %)e in+orma%ion
erroneo&l/ de&i(na%ed %)e 'lace o+ %)e commi&&ion o+ %)e oBen&eJ
&nswer%
Ye&. W)ere %ime or 'lace or an/ o%)er +ac% alle(ed i& no% an e&&en%ial
elemen% o+ %)e crime c)ar(ed# con$ic%ion ma/ Ae )ad on 'roo+ o+ %)e
commi&&ion o+ %)e crime# e$en i+ i% a''ear& %)a% %)e crime 7a& no%
commi%%ed a% %)e 'reci&e %ime or 'lace alle(ed# or i+ %)e 'roo+ +ail& %o &&%ain
%)e Gi&%ence o+ &ome imma%erial +ac% &e% o% in %)e com'lain%# 'ro$idin( i%
a''ear& %)a% %)e &'eci!c crime c)ar(ed 7a& in +ac% commi%%ed 'rior %o %)e
da%e o+ %)e !lin( o+ %)e com'lain% or in+orma%ion 7i%)in %)e 'eriod o+ %)e
&%a%%e o+ %)e limi%a%ion&# and a% a 'lace 7i%)in %)e Eri&dic%ion o+ %)e cor%.
F: Jhen you say place, do you have to be very specific as to the place
where the crime was committedO Iou must describe the 8alsada, the
streetO
*: ?". *s a matter of fact, if you loo8 at the information, it just says,
you committed the crime in <avao 2ity without even stating what
barangay or barrio. So, the place of the commission of the crime maybe
stated generally. Jhat is only important is it is within the territorial
jurisdiction
5P25!17"? when the place of the commission of the crime
constitutes an essential element of the crime charged. Iou must be
specific. 5@amples:
5P*M!,5: 1+5S!*SS 1" <J5,,7?%. Iou must specify that the
crime was committed by entering into the dwelling of somebody. Iou
cannot just say that he committed it in <avao 2ity.
5P*M!,5. +"--5+I 7? *? 7?D*-715< D"CS5, !C-,72
-C7,<7?% "+ 5<7E725 <5;"15< 1" J"+SD7!. Iou must state
the particular house.
S52. 11. <ate of commission of the offense. = 7t is not necessary to
state in the complaint or information the precise date the offense
was committed e@cept when it is a material ingredient of the
offense. 1he offense may be alleged to have been committed on a
date as near as possible to the actual date of its commission. 11a)
Date of 2ommission of the A@ense
1. (eneral )ule%
I% i& no% nece&&ar/ %o &%a%e in %)e com'lain% or in+orma%ion %)e 'reci&e
da%e %)e oBen&e 7a& commi%%ed a& %)e oBen&e ma/ Ae alle(ed %o )a$e
Aeen commi%%ed on a da%e a& near a& 'o&&iAle %o %)e ac%al da%e o+ i%&
commi&&ion.
2. E*ception%
I% i& nece&&ar/ %o &%a%e %)e 'reci&e da%e %)e oBen&e 7a& commi%%ed
7)en i% i& a ma%erial in(redien% o+ %)e oBen&e.

1.Indefnite date of commission
a. Scope of Jon or aoutO
People 0. Hi/ada
35= S2)& =3:
8anuar! 2#, 2663
En 7anc% 2alle"o, Sr., 8.
Issue%
W)en acc&ed i& c)ar(ed 7i%) )a$in( commi%%ed ra'e Kon or aAo%
Se'. 1-# 1FFDL and Kon or aAo% Oc%. ""# 1FFDL 7)a% 'eriod o+ %ime i&
inclded %)erein a& %o re&l% %o a $alid con$ic%ion +or %)e oBen&e&J
9eld%
T)e 7ord& Kon or aAo%L en$i&a(e a 'eriod# mon%)& or e$en " or ,
/ear& Ae+ore Se'. 1-# 1FFD or Oc%. ""# 1FFD. T)e 'ro&ec%ion ma/ 'ro$e %)a%
%)e crime c)ar(ed 7a& commi%%ed on or aAo% Se'. 1-# 1FFD and on or aAo%
Oc%. ""# 1FFD.
.OAn or aout &ugust 155=O
People 0. Espinosa
#32 S2)& 1=
8une 13, 266#
En 7anc% 2alle"o, Sr., 8.
'acts%
Acc&ed 7a& con$ic%ed o+ ra'e. T)e In+orma%ion a(ain&% )im merel/
alle(ed %)a% )e commi%%ed %)e oBen&e Kon or aAo% A(&% 1FF8#L 7i%)o%
&'eci+/in( %)e eGac% da%e.
Issue%
Doe& %)e In+orma%ion $iola%e Sec. 11 o+ Rle 11> o+ %)e Re$i&ed Rle&
on Criminal Procedre +or +ailin( %o &'eci+/ %)e eGac% da%e o+ %)e commi&&ion
o+ %)e oBen&eJ
9eld%
No. Failre %o &'eci+/ %)e eGac% da%e& or %ime 7)en %)e ra'e& occrred
doe& no% ipso facto maIe %)e in+orma%ion de+ec%i$e on i%& +ace a& %)i& i& no%
an elemen% o+ %)e oBen&e. T)e (ra$amen o+ %)e crime i& %)e +ac% o+ carnal
Ino7led(e nder an/ o+ %)e circm&%ance& enmera%ed nder Ar%. **- o+ %)e
Re$i&ed Penal Code. A& lon( a& i% i& alle(ed %)a% %)e oBen&e 7a& commi%%ed
a% an/ %ime a& near %o %)e ac%al da%e 7)en %)e oBen&e 7a& commi%%ed an
in+orma%ion i& &?cien%.
c.O'rom 15:: to Decemer 21, 1513O
)ocaerte 0. People
153 S2)& 132
8anuar! 23, 1551
'irst Di0ision% -ar0asa, 8.
'acts%
T)e in+orma%ion c)ar(in( %)e acc&ed o+ %)e+% o+ FF AlocI& o+
alminim allo/ anode& 7or%) *=1#"->.>> alle(ed %)a% )e commi%%ed %)e
oBen&e Kon or aAo% %)e 'eriod +rom 1F== %o Dec. "D# 1FD*.L
Issue%
I& %)e in+orma%ion $alidJ
9eld%
No. T)e in+orma%ion i& &erio&l/ de+ec%i$e. I% 'lace& on acc&ed %)e
n+air and nrea&onaAle Arden o+ )a$in( %o recall %)eir ac%i$i%ie& o$er a
&'an o+ more %)an "#->> da/&. I% i& a Arden noAod/ &)old Ae made %o Aear.
T)e 'ro&ec%or m&% maIe more de!ni%e and 'ar%iclar %)e %ime o+ %)e
commi&&ion o+ %)e crime a%%riA%ed acc&ed. I+ )e canno%# %)e ca&e m&% Ae
di&mi&&ed.
2.)emed! where date is not specifc
People 0. Desu!o
311 S2)& 233
&pril 1:, 2662
En 7anc% 7ellosillo, 8.
,uestion%
W)a% i& %)e remed/ o+ %)e acc&ed i+ %)e in+orma%ion +ail& %o &%a%e %)e
da%e o+ %)e commi&&ion o+ %)e oBen&e &'eci!call/J
&nswer%
T)e remed/ i& a mo%ion +or Aill o+ 'ar%iclar&. T)e +ailre o+ %)e acc&ed
%o mo$e +or %)e &'eci!ca%ion o+ %)e da%e 7)en %)e alle(ed crime 7a&
commi%%ed or +or %)e ;a&)al o+ %)e In+orma%ion on %)e (rond %)a% i% doe&
no% con+orm &A&%an%iall/ %o %)e 're&criAed +orm de'ri$e& )im o+ %)e ri()% %o
oAEec% %o e$idence 7)ic) cold la7+ll/ Ae in%rodced and admi%%ed nder an
in+orma%ion o+ more or le&& (eneral %erm& A% 7)ic) &?cien%l/ c)ar(e& %)e
acc&ed 7i%) de!ni%e crime.
1he precise time or date of the commission of an offense need not
be alleged in the complaint or information, unless it is an essential
element of the crime charged. !eople vs. ,atag, #1. S2+* 1&&)
1he reAuirement that the date of the commission of the crime be
sufficiently definite or certain, is in consonance with the
constitutional demand for due process, and to fully apprise the
accused of the charge in order to allow him to amply prepare for
his defense. 1he time averred in the 7nformation would only need,
unless the precise time of the commission of the offense is an
essential element thereof, to meet two criteria 1) it is as near to
the actual date of commission of the offense as the complaint or
information of the prosecutinjg officers will permit3 and &) the time
ultimately proved should be as so alleged in the complaint or
information. !eople vs. +oAue, '.4 S2+* &4# G&((&H)
F: Dow about yung dateO 7s it necessary that it should be very accurateO
*: ?". Jhat is important is that the information alleges that the
crime was committed :on or about9 a certain date.
F: 1he information said that >udy committed homicide on >anuary &(.
<uring the trial, pinalabas na <ecember &( pala one month earlier. 7s
that harmless or fatalO
*: 7t is still covered by the phrase :on or about.9 * variance of a few
months between the time set out in the indictment and that established
by the evidence during the trial has been held not to constitute an error
so serious as to warrant reversal of a conviction solely on that score
alone. +ocaberte vs. !eople, 1$' S2+* 1$&)
-ut when you say <ecember &((( and then the crime pala was
committed in 1$$0, ay sobra na yanV 1hat is too much. Eive 0) years is
no longer covered by :on or about.9 1hat is already violative of Section
11. * variance of several years, or the statement of the time of the
commission of the offense which is so general as to span a number of
years has been held to be fatally defective. +ocaberte vs. !eople, 1$'
S2+* 1$&)
F: *nd what is the remedy in that caseO
*: 1he remedy against an indictment that fails to allege the time of
the commission of the offense with sufficient definiteness is a motion for
a bill of particulars +ocaberte vs. !eople, 1$' S2+* 1$&). <o not
dismiss the information. 1hat was commented by the S2 in the recent
case of !eople vs. %arcia, ?ovember /, 1$$4 &.1 S2+* #/').
7t appears that the rules now try to ma8e a gap between the date of the
commission of the crime as alleged in the information and the actual
date of commission to be not so far. Iou loo8 at Section 11: :@@@ 1he
offense maybe allege or committed on a date as near as possible to the
actual date of its commission.9 1hat phrase :as near as possible9 is not
found in the 1$.0 rules.
1he "?,I 5P25!17"? is just li8e in the Section 1(, C?,5SS the
date of the commission of the crime is an essential element of the crime.
,i8e for e@ample:
5P*M!,5: ;7",*17"? "E 5,5217"? 2"<5, drin8ing liAuor
during election day. Iou must be specific about the date.7t is not enough
to allege :on or about election day.9
5P*M!,5. 7?E*?1727<5. 7t is committed by 8illing a child less
than ' days old or less than 4& hours. 7f the infant is e@actly ' days old,
it is no longer infanticide. So the information must be very specific that
the child was born on this day, on this time and the 8illing was done on
this day, on this time.
S52. 1&. ?ame of the offended party. 1he complaint or
information must state the name and surname of the person against
whom or against whose property the offense was committed, or
any appellation or nic8name by which such person has been or is
8nown. 7f there is no better way of identifying him, he must be
described under a fictitious name.
a) 7n offenses against property, if the name of the
offended party is un8nown, the property must be described
with such particularity as to properly identify the offense
charged.
b) 7f the true name of the person against whom or against
whose property the offense was committed is thereafter
disclosed or ascertained, the court must cause such true name
to be inserted in the complaint or information and the record.
c) 7f the offended party is a juridical person, it is
sufficient to state its name, or any name or designation by
which it is 8nown or by which it may be identified, without
need of averring that it is a juridical person or that it is
organiBed in accordance with law. 1&a)
-ame of the A@ended Part!
1. What the complaint or information must state%
1. %)e name and &rname o+ %)e oBended 'ar%/# or
2. an/ a''ella%ion or nicIname A/ 7)ic) &c) 'er&on )a& Aeen or i&
Ino7n
2. If there is no etter wa! of identif!ing him%
0e m&% Ae de&criAed nder a !c%i%io& name
3. If the true name of the o@ended part! is thereafter disclosed
or ascertained%
T)e cor% m&% ca&e &c) %re name %o Ae in&er%ed in %)e com'lain%
or in+orma%ion and %)e record
#. In o@enses against propert!, if the name of the o@ended part!
is unBnown%
T)e 'ro'er%/ m&% Ae de&criAed 7i%) &c) 'ar%iclari%/ a& %o 'ro'erl/
iden%i+/ %)e oBen&e c)ar(ed.
3. If the o@ended part! is a "uridical person%
1. I% i& &?cien% %o &%a%eM
1. i%& name# or
2. an/ name or de&i(na%ion A/ 7)ic) i% i& Ino7n or A/ 7)ic) i% ma/
Ae iden%i!ed
2. T)ere i& no need %o a$er %)a% i% i& a Eridical 'er&on or %)a% i% i&
or(ani6ed in accordance 7i%) la7.
1.A@ended part! in theft
People 0. 2'I of ,ue/on
265 S2)& :6#
8une 16, 1552
<hird Di0ision% )omero, 8.
'acts%
Acc&ed 7a& c)ar(ed 7i%) ;ali!ed %)e+% o+ %ree& nder P.D. **>
'lan%ed on a 'Alic +ore&% nder lea&e %o AlI Lo((in( Cor'ora%ion. T)e
in+orma%ion +ailed %o men%ion %)e name o+ %)e oBended 'ar%/# 7)ic) i& %)e
S%a%e# Aein( %)e o7ner o+ 'Alic +ore&%&.
Issue%
Can acc&ed Ae $alidl/ con$ic%ed 7)en %)e oBended 'ar%/ i& no%
named in %)e in+orma%ionJ
9eld%
Ye&. In oBen&e& a(ain&% 'ro'er%/# %)e de&i(na%ion o+ %)e name o+ %)e
oBended 'ar%/ i& no% aA&ol%el/ indi&'en&aAle a& lon( a& %)e criminal ac%
c)ar(ed in %)e com'lain% or in+orma%ion can Ae 'ro'erl/ iden%i!ed. Indeed#
%)e crime o+ ;ali!ed %)e+% nder P.D. **> 7a& de&criAed 7i%) 'ar%iclari%/ in
%)e in+orma%ion a& %o 'ro'erl/ iden%i+/ %)e oBen&e c)ar(ed. 0ence# %)e
erroneo& alle(a%ion a& %o %)e 'er&on inEred i& deemed imma%erial a& %)e
&ame i& a mere +ormal de+ec% 7)ic) doe& no% %end %o 'reEdice an/
&A&%an%ial ri()% o+ %)e acc&ed.
2. A@ended part! in igam!
(arcia 0. 2&
2== S2)& =:1
8anuar! 2:, 155:
<hird Di0ision% Da0ide, 8r., 8.
Issue%
In %)e crime o+ Ai(am/# i& %)e oBended 'ar%/ %)e !r&% or %)e &econd
&'o&eJ
9eld%
Under Sec. 1"# Rle 11> o+ %)e Re$i&ed Rle& o+ Cor%# %)e oBended
'ar%/ i& K%)e 'er&on a(ain&% 7)om or a(ain&% 7)o&e 'ro'er%/# %)e oBen&e
7a& commi%%ed.L 1ore &'eci!call/# %)e oBended 'ar%/ in %)e commi&&ion o+ a
crime# i& %)e 'ar%/ %o 7)om %)e oBender i& ci$ill/ liaAle# in li()% o+ Ar%. 1>> o+
%)e RPC# 7)ic) eG're&&l/ 'ro$ide& %)a% Ke$er/ 'er&on criminall/ liaAle +or a
+elon/ i& al&o ci$ill/ liaAle.L In$ariaAl/ %)en# %)e 'ri$a%e indi$idal %o 7)om
%)e oBender i& ci$ill/ liaAle i& %)e oBended 'ar%/. In Ai(am/# Ao%) %)e !r&%
and %)e &econd &'o&e& ma/ Ae %)e oBended 'ar%ie& de'endin( on %)e
circm&%ance&.
Iou must allege also who is the victim. Je are tal8ing here about the
victim the private offended party.
F: Jhy is it that the name of the offended party must be alleged in
the informationO
*: Eirst, the general rule is that, aside from the !eople of the
!hilippines, there is a private victim. Second, so that we will 8now to
whom the court will award the civil liability.
F: 7s there a possibility by which the name of the offended party is
not mentioned in the information but the same is still validO
*: I5S. !aragraph GaH, in a crime against property. 7f you do not
8now who is the victim of theft or robbery, it is enough that you describe
the property in the information.
5P*M!,5: * thief was arrested and found in possession of stolen
goods which he admitted he stole. -ut he cannot identify the victim. 2an
the police file a caseO I5S. Iou just describe the property in the
information even if we donLt 8now the owner because you commit theft
when you ta8e personal property belonging to another with intent to
gain. Jhat is important is that, it belongs to another.
!5"!,5 vs. 2E7 "E FC5M"? -+. 0
&($ S2+* 4(#
E*21S: 1he accused was charged with timber smuggling or
illegal cutting of logs from public forest under !< ?o. '&(.
*yan, wala talagang private offended party diyan. 1he only
offended party is the government. -ut the information does not
mention that the offended party is the State. 1he accused
challenged the information on this ground.
D5,<: 5ven if the State is not mentioned, the information is
?"1 defective. JhyO Iou loo8 at the caption of the case
:!eople of the !hilippines9. 1hat is actually the offended party.
F: Jhat happens if there was an erroneous naming of the offended
partyO
*: 7f an information for murder alleged an erroneous name in
describing the victim, the information is not considerd totally defective.
1here is merely a clerical error which can be corrected without affecting
the rights of the offender. !eople vs. *vellana, $/ S2+* /1.)
-ut in slander, the name of the offended party is material.
!5"!,5 vs. C-*
$$ !hil 1'#
E*21S: ;idB, on a certain date, was alleged to have uttered
publicly slanderous words against >essamyn. So >essamyn is the
victim of the slander. *lam niyo during the trial, it turned out
that the victim pala was ,yle, not >essamyn. -ut everything is
the same the date and place of the commission, the
defamatory words pare=parehoV "nly, there was an erroneous
designation of the offended party.
7SSC5: 2an the court convict ;idB for the crime of slanderO
D5,<: ?". *lthough the words are the same, the slander
against ,yle is a separate offense. Meaning, you are charging a
different offense from the crime proven. Iou cannot convict a
person of a crime not properly charged.
:* mista8e in putting in the information the name of the
offended party is a material matter which necessarily affects the
identification of the act charged. 1he case should be dismissed
for variance between the allegations of the information and the
proof.9
Simialrly in cases of robbery which involve crimes against
property *rt. &$', +!2), the identity of the owners is not
necessary. CS vs. *lbano, &4 !hil ./) Dowever, in robbery
with violence against or intimidation of persons, the allegation
of the name of the owner in the information is essential. CS vs.
,ahoylahow, '. !hil. ''()
+emedy of !erson 2harged Cnder an 5rroneous ?ame
1he remedy of the person charged with a wrong name or
identity is to file a Motion to Fuash on the ground of lac8 of
jurisdiction over his person. !eople vs. ?arvasa, 0. !hil. 4'.).
7f he voluntarily appears at the arraignment without Auestioning
the jurisdiction of the court over his person and pleads not guilty
to the charge although under the erroneous name, the court
acAuires jurisdiction over him.
Dowever, there were e@ceptions in the past li8e where the accused,
who is not a doctor, was charged of illegal practice of medicine. 1he
information stated that the offended party is !aul. -ut during the trial it
was shown that the victim was not !aul but somebody else.
1he S2 said the accused can be convicted. JhyO 1he crime is illegal
practice of medicine regardless of whether the victim is !aul or 7nay.
<iel vs. MartineB, 4/ !hil. &4') 7t is different from the case of Cba.
S52. 1'. <uplicity of the offense. * complaint or information
must charge only one offense, e@cept when the law prescribes a
single punishment for various offenses. 1'a)
Duplicit! of the A@ense
1. (eneral )ule%
A com'lain% or in+orma%ion m&% c)ar(e onl/ ONE oBen&e
2. E*ception%
A com'lain% or in+orma%ion ma/ c)ar(e more %)an one oBen&e
7)en %)e la7 're&criAe& a &in(le 'ni&)men% +or $ario& oBen&e&
1. Special comple* crimes
People 0. Sanche/
22: S2)& =2:
-o0emer 1, 1553
En 7anc% 2ru/, 8.
Issue%
I& an in+orma%ion +or ra'e 7i%) )omicide d'lici%o&J
9eld%
No. 0omicide commi%%ed on %)e occa&ion or A/ rea&on o+ %)e ra'e#
lo&e& i%& c)arac%er a& an inde'enden% oBen&e# A% a&&me& a ne7 c)arac%er#
and +nc%ion& liIe a ;ali+/in( circm&%ance. 0o7e$er# A/ !c%ion o+ la7# i% i&
mer(ed 7i%) ra'e %o con&%i%%e a con&%i%en% elemen% o+ a &'ecial com'leG
crime o+ ra'e 7i%) )omicide 7i%) a &'eci!c 'enal%/ 7)ic) i& in %)e )i()e&%
de(ree. An in+orma%ion m&% c)ar(e A% one oBen&e# eGce'% onl/ in %)o&e
ca&e& in 7)ic) eGi&%in( la7& 're&criAe& a &im'le 'ni&)men% +or $ario&
oBen&e&. Ra'e 7i%) )omicide come& 7i%)in %)e eGce'%ion.
2. 2on0iction of component crimes
People 0. -ardo
2:6 S2)& =:2
&pril #, 155:
<hird Di0ision% Panganian, 8.
'acts%
Acc&ed 7a& c)ar(ed in one in+orma%ion 7i%) ml%i'le mrder and
doAle +r&%ra%ed mrder. W)ile %)e %rial cor% con$ic%ed )im o+ %)e c)ar(e# i%
a''ear& %)a% 7)a% )e ac%all/ commi%%ed 7ere , &e'ara%e crime& o+ mrder
and " crime& o+ a%%em'%ed mrder.
Issue%
1a/ %)e SC on re$ie7 con$ic% )im o+ all com'onen% oBen&e&J
9eld%
Ye&. Generall/# an acc&ed ma/ Ae con$ic%ed onl/ o+ %)e crime c)ar(ed
in %)e in+orma%ion# or o+ an oBen&e 7)ic) nece&&aril/ inclde& %)a% 7)ic) 7a&
c)ar(ed or inclded %)erein. 0o7e$er# in %)i& ca&e# %)e in+orma%ion c)ar(in(
acc&ed +r%)er &%a%e& %)a% Kacc&ed# 7i%) in%en% %o Iill and 7i%) %)e
;ali+/in( circm&%ance o+ %reac)er/ armed 7i%) 118 Armali%e RiNe&# G G G
did shoot and 7re at in a &dden and neG'ec%ed manner# &laro, $icaela,
&larence !uitos, Anicia !ales, $acario ,ela *ena and 9u-viminda *udol x x
x.5 In eBec%# i% im'%ed %o acc&ed %)e commi&&ion o+ &e$eral +elonie&. Ye%#
acc&ed did no% mo$e %o ;a&) %)e in+orma%ion on %)e (rond o+ ml%i'lici%/
o+ c)ar(e&. Nei%)er did )e oAEec% %)ere%o a% an/ o%)er %ime. Con&e;en%l/#
&c) de+ec% i& deemed 7ai$ed# and %)e Cor% ma/ $alidl/ render Ed(men%
a(ain&% )im +or a& man/ crime& a& 7ere alle(ed and 'ro$en.
1he complaint or information must charge only one offense. 7t cannot
charge & or more offenses otherwise it might confuse the accused in his
defense. !eople vs. Eerrer, 1(1 !hil. &'#)
F: Jhat is the remedy thereO
*: *ctually, you can file a Motion to Fuash under Section ' GfH, +ule
114. -ut the defect is waivable because if you do not file a Motion to
Fuash, the trial can proceed and if you are found guilty for committing &
or more crimes, then there will be & or more penalties Section #, +ule
1&(). <apat diyan, one information, one crime. 1hat is the %5?5+*,
+C,5.
1his seems to go against the rule in civil procedure about joinder of
causes of action. 7n one complaint you can join & or more causes of
action, although you can also file & or more cases. 1his is called >oinder
of parties or joinder of causes of action.
1here is no such thing as joinder of crimes in criminal procedure.
5P*M!,5: 1he !atric8 got a gun, went out of the street, then met
three people and shot them. ?ow, he commits three ') crimes of
homicide.
F: 2an 7 file one information accusing !atric8 of ' homicide
committed on that dayO
*: ?". 1hat is duplicitous. 1here must three ') informations, one for
each victim.
F: -ut that is troublesome. 1he evidence or the witnesses are
identical. Jhat is the remedyO
*: Iou file a Motion to 2onsolidate your trial joint trial for the '
criminal cases. 1hat is the remedy, but not 1 information charging ' acts
of homicide unless the other party does not Auestion the duplicitous
character of the information.
5P25!17"?. 1he rule prohibiting duplicitous complaints or
informations provides for e@ceptions: :5@cept when the law prescribes a
single punishment for various offenses.9 Jhen the law provides only
one penalty for & or more offenses then Section 1' is not violated.
5@amples:
5P*M!,5: 2"M!,5P 2+7M5S when a single act produces & or
more grave or less felonies or when one offense is a necessary means to
commit another.
5P*M!,5: S!527*, 2"M!,5P 2+7M5S. +obbery with
homicide or +ape with Domicide. 1hat is not duplicitous. 1here is one
penalty there.
5P*M!,5: <5,71" 2"?17?C*<". 1he accused stole & roosters
owned by & different people. *ctually, there are & acts of ta8ing but in
the eyes of the law, there is only one crime. 1he accused was motivated
by a single criminal resolution.
5P*M!,5: -abang was charged of the crime of +5-5,,7"?.
+ebellion she too8 up arms against the government, 8illed soldiers,
burned government properties. 1hat is not duplicitous because of the
absorption doctrine the common crimes are not to be treated as
separate crimes but are already absorbed in the rebellion.
1he S2 said there is no crime such as rebellion comple@ed with
murder or homicide. -ut why do you have to recite all these thingsO 1hat
is merely a recital of the manner of the crime of rebellion. 1hat is not a
violation of Section 1'.
!5"!,5 vs. -C5?;7*>5
#4 !hil. 0'/
E*21S: 1here was a special law penaliBing in once section
the crime of illegal practice of medicine *?< illegally
advertising oneself as a doctor. 1he penalty of 0=year
imprisonment shall be imposed on a person who, not being a
physician, practice medicine or advertise himself as a physician.
1here is only one penalty for these acts. 1he information
alleges: :1hat the accused is charged of violating that law
because he practiced medicine, or 7? 1D5 *,15+?*17;5, he
advertised himself as a doctor when in fact, he is not.9
7SSC5: 7s the information duplicitousO
D5,<: ?". Jhen the information merely recites in the
alternative or otherwise the different ways of committing the
offense li8e the information charges the accused for illegal
practice of medicine and with illegally advertising himself as a
physician, there is only one crime because these are only
alternative ways of committing the crime.
1he rule is different when the accused is charged of violating &
different sections of the same law with distinct penalties which, if
charged in a single information, would render it duplicitous. !eople vs.
Eerrer, 1(1 !hil. &'#)
*mendment or Substitution
S52. 1#. *mendment or substitution. * complaint or
information may be amended, in form or in substance,
without leave of court at anyt time before the accused enters
his plea. *fter the plea and during the trial, a formal
amendment may only be made with leave of court and when
it can be done without causing prejudice to the rights of the
accused.
Dowever, any amendment before plea, which downgrades
the nature of the offense charged in or e@cludes any accused
from the complaint or information, can be made only upon
motion by the prosecutor, with notice to the offended party
and with leave of court. 1he court shall state its reasons in
resolving the motion and copies of its order shall be
furnished all parties, especially the offended party. n)
7f it appears at anytime before judgment that a mista8e has
been made in charging the proper offense, the court shall
dismiss the original complaint or information upon the filing
of a new one charging the proper offense in accordance with
section 1$, +ule 11$, provided the accused shall not be
placed in double jeopardy. 1he court may reAuire the
witnesses to give bail for their appearance at the trial. 1#a)
7n civil procedure, formal amendment is not a problem. 7t can be
allowed at any stage. Eor substantial amendment, for as long as there is
still no responsive pleading, the plaintiff can amend his complaint
anytime. "nce a responsive pleading is filed, substantial amendment is
allowed but with leave of court.
7n criminal procedure the rule is: for as long as the accused has not
yet entered his plea there is yet no arraignment, the accused has not yet
pleaded guilty or not guilty the information can be amended either in
substance or in form.
)ules on &mendment of the Information
1. 7efore arraignment%
1. (eneral )ule + A com'lain% or in+orma%ion ma/ Ae amended in
FOR1 or in SU<STANCE e$en 7i%)o% lea$e o+ cor%
2. E*ception%
1. I+ %)e amendmen%M
1. Do7n(rade& %)e na%re o+ %)e oBen&e c)ar(ed in# or
2. EGclde& an/ acc&ed +rom %)e com'lain% or in+orma%ion
2. I% can Ae made onl/M
1. U'on mo%ion A/ %)e 'ro&ec%or
2. 7i%) no%ice %o %)e oBended 'ar%/# and
3. 7i%) lea$e o+ cor%
3. What the court must do in resol0ing the motion%
1. I% &)all &%a%e i%& rea&on&# and
2. I% &)all +rni&) co'ie& o+ i%& order %o all 'ar%ie&# e&'eciall/ %)e
oBended 'ar%/

2. &fter arraignment and during trial%
1. Amendmen% a& %o 'A)4 ma/ onl/ Ae made i+M
1. i% i& done 7i%) lea$e o+ cor%# and
2. i% doe& no% 'reEdice %)e acc&ed
2. Amendmen% a& %o SC7S<&-2E T No% allo7ed
)ules on Sustitution
1. (round for sustitution%
I% a''ear& a% an/ %ime Ae+ore Ed(men% %)a% a mi&%aIe )a& Aeen made
in c)ar(in( %)e 'ro'er oBen&e
2. E@ects when the ao0e ground e*ists%
1. A ne7 in+orma%ion c)ar(in( %)e 'ro'er oBen&e ma/ Ae !led
'ro$ided %)e acc&e &)all no% Ae 'laced in doAle Eeo'ard/
2. T)e cor% &)all di&mi&& %)e ori(inal com'lain% or in+orma%ion# and
3. T)e cor% ma/ re;ire %)e 7i%ne&&e& %o (i$e Aail +or %)eir
a''earance a% %)e %rial
1. &mendment and sustitution distinguished
(al0e/ 0. 2&
23: S2)& =13
Actoer 2#, 155#
Second Di0ision% )egalado, 8.
,uestion%
0o7 i& amendmen% di&%in(i&)ed +rom &A&%i%%ionJ
&nswer%
Amendmen% and &A&%i%%ion o+ %)e in+orma%ion diBer in %)e +ollo7in(
a&'ec%&M
1. Amendmen% ma/ in$ol$e ei%)er +ormal or &A&%an%ial c)an(e&# 7)ile
&A&%i%%ion nece&&aril/ in$ol$e& a &A&%an%ial c)an(e +rom %)e ori(inal
c)ar(e9
". Amendmen% Ae+ore 'lea )a& Aeen en%ered can Ae eBec%ed 7i%)o%
lea$e o+ cor%# A% &A&%i%%ion o+ in+orma%ion m&% Ae 7i%) lea$e o+ cor% a&
%)e ori(inal in+orma%ion )a& %o Ae di&mi&&ed9
*. W)ere %)e amendmen% i& onl/ a& %o +orm# %)ere i& no need +or
ano%)er 'reliminar/ in$e&%i(a%ion and %)e re%aIin( o+ %)e 'lea o+ %)e
acc&ed9 in &A&%i%%ion o+ in+orma%ion# ano%)er 'reliminar/ in$e&%i(a%ion i&
en%ailed and %)e acc&ed )a& %o 'lead ane7 %o %)e ne7 in+orma%ion9 and
,. An amended in+orma%ion re+er& %o %)e &ame oBen&e c)ar(ed in %)e
ori(inal in+orma%ion or %o an oBen&e 7)ic) nece&&aril/ inclde& or i&
nece&&aril/ inclded in %)e ori(inal c)ar(e# )ence &A&%an%ial amendmen%& %o
%)e in+orma%ion a+%er %)e 'lea )a& Aeen %aIen canno% Ae made o$er %)e
oAEec%ion o+ %)e acc&ed# +or i+ %)e ori(inal in+orma%ion 7old Ae 7i%)dra7n#
%)e acc&ed cold in$oIe doAle Eeo'ard/. SA&%i%%ion re;ire& or
're&''o&e& %)a% %)e ne7 in+orma%ion in$ol$e& a diBeren% oBen&e 7)ic) doe&
no% inclde or i& no% nece&&aril/ inclded in %)e ori(inal c)ar(e# )ence %)e
acc&ed canno% claim doAle Eeo'ard/.
2. &mendment in form or sustance
Polete 0. Sando0al
#2= S2)& 3#=
4arch 23, 266#
<hird Di0ision% 2arpio.4orales, 8.
,uestion%
W)a% i& %)e %e&% %o de%ermine 7)e%)er an acc&ed i& 'reEdiced A/ %)e
amendmen% o+ an in+orma%ionJ
&nswer%
T)e %e&% i&M 7)e%)er a de+en&e nder %)e in+orma%ion a& i% ori(inall/
&%ood 7old Ae a$ailaAle a+%er %)e amendmen% i& made# and 7)e%)er an/
e$idence de+endan% mi()% )a$e 7old Ae e;all/ a''licaAle %o %)e
in+orma%ion in %)e ne7 +orm a& in %)e o%)er. An amendmen% %o an in+orma%ion
in%rodced a+%er %)e acc&ed )a& 'leaded no% (il%/ %)ere%o# 7)ic) doe& no%
c)an(e %)e na%re o+ %)e crime alle(ed %)erein# doe& no% eG'o&e %)e acc&ed
%o a c)ar(e 7)ic) cold call +or a )i()er 'enal%/# doe& no% aBec% %)e e&&ence
o+ %)e oBen&e or ca&e &r'ri&e or de'ri$e %)e acc&ed o+ an o''or%ni%/ %o
mee% %)e ne7 a$ermen%# )ad eac) Aeen )eld %o Ae one o+ +orm and no% o+
&A&%ance T no% 'reEdicial %o %)e acc&ed and# %)ere+ore# no% 'ro)iAi%ed A/
Sec. 1,# Rle 11> o+ %)e Re$i&ed Rle& o+ Cor%.
An amendmen% i& onl/ in +orm 7)en i% merel/ add& &'eci!ca%ion& %o
elimina%e $a(ene&& in %)e in+orma%ion and no% %o in%rodce ne7 and
ma%erial +ac%&# and merel/ &%a%e& 7i%) addi%ional 'reci&ion &ome%)in( 7)ic)
i& alread/ con%ained in %)e ori(inal in+orma%ion and 7)ic)# %)ere+ore# add&
no%)in( e&&en%ial +or con$ic%ion +or %)e crime c)ar(ed.
3. E*ample of formal amendments
a. &llegation of insanit! of 0ictim
People 0. Degamo
#62 S2)& 133
&pril 36, 2663
En 7anc% Per 2uriam
'acts%
A+%er acc&ed 7a& arrai(ned A% Ae+ore %rial commenced# %)e cor%
allo7ed %)e amendmen% o+ %)e in+orma%ion %o inclde %)e alle(a%ion %)a% A/
rea&on o+ %)e ra'e# %)e $ic%im Aecame in&ane.
Issue%
I& %)e amendmen% 'ro'erJ
9eld%
Ye&. T)e &AEec% amendmen% i& clearl/ no% one o+ &A&%ance A% o+
+orm. T)e in&er%ion o+ %)e ')ra&e %)a% %)e $ic%im )a& Aecome in&ane A/
rea&on or on occa&ion o+ %)e ra'e in %)e In+orma%ion merel/ rai&ed %)e
'enal%/ %)a% ma/ Ae im'o&ed in ca&e o+ con$ic%ion and doe& no% c)ar(e
ano%)er oBen&e diBeren% +rom %)a% c)ar(ed in %)e ori(inal In+orma%ion.
W)a%e$er de+en&e acc&ed ma/ )a$e rai&ed nder %)e ori(inal in+orma%ion
+or ra'e commi%%ed 7i%) a deadl/ 7ea'on e;all/ a''lie& %o ra'e commi%%ed
7i%) a deadl/ 7ea'on 7)ere %)e $ic%im )a& Aecome in&ane A/ rea&on or on
occa&ion o+ %)e ra'e. T)e amendmen% did no% ad$er&el/ aBec% an/
&A&%an%ial ri()% o+ acc&ed.
. 2hange in description of in"ur!
People 0. 8arala
22= S2)& =62
Septemer 26, 1553
<hird Di0ision% 7idin, 8.
'acts%
A+%er acc&ed 7a& arrai(ned +or mrder# %)e Ed(e ordered a c)an(e o+
%)e de&cri'%ion o+ &ome o+ %)e $ic%imP& 7ond& +rom Klacera%edL %o K&%aAL in
%)e in+orma%ion in order %o con+orm 7i%) %)e de&cri'%ion o+ %)e $ic%imP&
7ond& in %)e a%o'&/ re'or%.
Issue%
I& %)ere a need %o reCarrai(n acc&edJ
9eld%
No. A reCarrai(nmen% i& nece&&ar/ onl/ 7)ere %)e c)an(e or
amendmen% o+ %)e in+orma%ion in$ol$e& a mi&%aIe in %)e c)ar(in( o+ %)e
'ro'er oBen&e. 0ere# %)e c)an(e in %)e in+orma%ion 4%)e c)an(e in %)e
de&cri'%ion o+ &ome o+ %)e $ic%imP& 7ond& +rom Klacera%edL %o K&%aAL5 7a&
no% eBec%ed %o correc% a mi&%aIe in c)ar(in( %)e 'ro'er oBen&e. I% did no%
)a$e %)e eBec% o+ c)an(in( %)e oBen&e c)ar(ed in %)e in+orma%ion# 7)ic)
7a&# and correc%l/ remained a&# mrder.
c. 2hange in date of commission
Pangilinan 0. 2&
3:3 S2)& =5
8anuar! 36, 2662
<hird Di0ision% Sando0al.(utierre/, 8.
'acts%
Acc&ed 7a& c)ar(ed 7i%) 1" con%& o+ $iola%ion o+ P.D. F-=. A+%er
arrai(nmen%# %)e 'ro&ec%or amended %)e in+orma%ion %o c)an(e %)e da%e %o
Kin %)e $icini%/ o+ 1FD1L +rom Kon or aAo% A(. 1-# 1FF*.L
Issue%
Are %)e amendmen%& 'ro'erJ
9eld%
T)e dele%ed ')ra&e Kon or aAo% A(. 1-# 1-# 1FF*L in all %)e 1F
ori(inal in+orma%ion& clearl/ re+er& %o %)e da%e o+ %)e Kcon&%rc%ion o+ ,8
d7ellin( ni%&L 7)ic) 7ere la%er +ond %o Ae de+ec%i$e# %)ereA/ ca&in(
Kdama(e and 'reEdiceL %o %)e com'lainan%&. Con&e;en%l/# acc&ed# 7)o
con&%rc%ed %)e ni%&# 7a& c)ar(ed +or $iola%in( Sec. F# in rela%ion %o Sec. *F#
o+ P.D. F-=. OA$io&l/# i% i& im'o&&iAle %o !ni&) %)e con&%rc%ion o+ all %)e ,8
ni%& in 1 da/# or Kon or aAo% A(. 1-# 1FF*L. I% 7a& A% 'ro'er %o amend
%)e da%e in %)e ori(inal in+orma%ion& %o Kin %)e $icini%/ o+ 1FD1#L con&iderin(
%)a% %)e )o&in( ni%& 7ere com'le%ed in 1FD1 a& &)o7n in %)e docmen%ar/
'roo+& o+ com'le%ion 're&en%ed A/ %)e 'ro&ec%ion in i%& mo%ion +or %)e
amendmen% o+ %)e 1F in+orma%ion&.
T)e amended da%e in %)e 1F in+orma%ion& i& no% a% all ma%erial %o %)e
oBen&e& c)ar(ed Aeca&e %)e Aa&i& %)ereo+ i& no% %)e da%e o+ %)e
con&%rc%ion A% %)e de+ec%i$e con&%rc%ion o+ %)e ,8 d7ellin( ni%&. Sc)
amendmen% doe& no% 'reEdice %)e ri()%& o+ acc&ed &ince i% 7old no% al%er
%)e na%re o+ %)e oBen&e c)ar(ed.
d. Insertion of the word JprintedO
7anal III 0. Panganian,
(.). -o. 1=:#:#
-o0emer 13, 2663
'irst Di0ision% >nares.Santiago, 8.
'acts%
T)e in+orma%ion alle(ed %)a% %)e liAelo& ar%icle 7a& 'rin%ed in a
ne7&'a'er 7)ic) Ki& 'Ali&)ed in En(li&) in 1aIa%i and o+ (eneral circla%ion
in %)e P)ili''ine& and aAroad.L A+%er arrai(nmen%# acc&ed mo$ed %o ;a&)
on %)e (rond o+ lacI o+ Eri&dic%ion Aeca&e i% +ailed %o &%a%e 7)ere %)e
alle(edl/ liAelo& ar%icle 7a& 'rin%ed. T)e cor% allo7ed %)e amendmen% o+
%)e in+orma%ion %o alle(e %)a% %)e liAelo& ar%icle 7a& K'rin%ed and !r&%
'Ali&)ed in 1aIa%i.L
Issue%
1a/ a %rial cor% %)a% )a& earlier rled %)a% i% )a& no Eri&dic%ion o$er
%)e oBen&e c)ar(ed (ran% lea$e %o amend a criminal in+orma%ion# 7)ic)
amendmen% &eeI& %o con+er 'on i%&el+ Eri&dic%ion# a+%er acc&ed )a& Aeen
arrai(nedJ
9eld%
Ye&. T)e amendmen% i& merel/ +ormal. T)e ori(inal in+orma%ion clearl/
&%a%ed %)a% %)e ne7&'a'er i& 'Ali&)ed in 1aIa%i A% circla%ed %)ro()o%
%)e con%r/# 7)ic) alle(a%ion accordin(l/ $e&%& Eri&dic%ion o$er %)e oBen&e
c)ar(ed in %)e RTC o+ 1aIa%i. An amendmen% i& onl/ in +orm 7)en i% merel/
add& &'eci!ca%ion& %o elimina%e $a(ene&& in %)e in+orma%ion and no% %o
in%rodce ne7 and ma%erial +ac%&# and merel/ &%a%e& 7i%) addi%ional 'reci&ion
&ome%)in( 7)ic) i& alread/ con%ained in %)e ori(inal in+orma%ion and 7)ic)#
%)ere+ore# add& no%)in( e&&en%ial +or con$ic%ion +or %)e crime c)ar(ed. T)e
ori(inal in+orma%ion i& &?cien% in +orm. Allo7in( %)e amendmen% doe& no%
al%er %)e de+en&e o+ %)e acc&ed. I% onl/ &%a%e& 7i%) 'reci&ion %)a% 7)ic) i&
alread/ con%ained in %)e ori(inal in+orma%ion.
e. &llegation of conspirac!
7uhat 0. 2&
2=3 S2)& :61
Decemer 1:, 155=
'irst Di0ision% 9ermosisima, 8r., 8.
Issue%
A+%er acc&ed )a& Aeen arrai(ned# ma/ %)e in+orma%ion Ae amended %o
alle(ed %)a% )e commi%%ed %)e oBen&e in con&'irac/ 7i%) o%)er 'er&on&J
9eld%
Ye&. W)ile &ome deci&ion& )a$e )eld %)a% %)e amendmen% ma/ no% Ae
made con&iderin( %)a% i% i& &A&%an%ial# %)ere are eGce'%ion&. In %)i& ca&e#
acc&ed ndoA%edl/ i& c)ar(ed a& a 'rinci'al in %)e Iillin( and )e i& alle(ed
%o )a$e &%aAAed %)e $ic%im 7)ile " nIno7n 'er&on& )eld %)e $ic%imP& arm&.
T)e addi%ion o+ %)e ')ra&e# Kcon&'irin(# con+edera%in( and )el'in( one
ano%)erL doe& no% c)an(e %)e na%re o+ )i& 'ar%ici'a%ion a& 'rinci'al in %)e
Iillin(. W)e%)er nder %)e ori(inal or %)e amended in+orma%ion# acc&ed
7old )a$e %o de+end )im&el+ a& %)e Peo'le maIe& a ca&e a(ain&% )im and
&ecre& +or 'Alic 'ro%ec%ion )i& 'ni&)men% +or &%aAAin( %o dea%)# &in(
&'erior &%ren(%)# a +ello7 ci%i6en in 7)o&e )el' and &a+e%/ &ocie%/ a& a
7)ole i& in%ere&%ed.
f. Ather formal amendments
4atalam 0. Sandigana!an
#33 S2)& :3:
&pril 12, 2663
Second Di0ision% 2hico.-a/ario, 8.
,uestion%
W)a% are %)e amendmen%& 7)ic) are con&idered merel/ +ormalJ
&nswer%
T)e +ollo7in( )a$e Aeen )eld %o Ae merel/ +ormal amendmen%&M 213
ne7 alle(a%ion& 7)ic) rela%e onl/ %o %)e ran(e o+ %)e 'enal%/ %)a% %)e cor%
mi()% im'o&e in %)e e$en% o+ con$ic%ion9 2"3 an amendmen% 7)ic) doe& no%
c)ar(e ano%)er oBen&e diBeren% or di&%inc% +rom %)a% c)ar(ed in %)e ori(inal
one9 2*3 addi%ional alle(a%ion& 7)ic) do no% al%er %)e 'ro&ec%ionP& %)eor/ o+
%)e ca&e &o a& %o ca&e &r'ri&e %o %)e acc&ed and aBec% %)e +orm o+
de+en&e )e )a& or 7ill a&&me9 2,3 an amendmen% 7)ic) doe& no% ad$er&el/
aBec% an/ &A&%an%ial ri()% o+ %)e acc&ed9 2-3 an amendmen% %)a% merel/
add& &'eci!ca%ion& %o elimina%e $a(ene&& in %)e in+orma%ion and no% %o
in%rodce ne7 and ma%erial +ac%&# and merel/ &%a%e& 7i%) addi%ional 'reci&ion
&ome%)in( 7)ic) i& alread/ con%ained in %)e ori(inal in+orma%ion and 7)ic)
add& no%)in( e&&en%ial +or con$ic%ion +or %)e crime c)ar(ed.
#. Sustantial amendments
a. 9omicide to murder
7uhat 0. 2&
2=3 S2)& :61
Decemer 1:, 155=
'irst Di0ision% 9ermosisima, 8r., 8.
,uestion%
1a/ an in+orma%ion +or )omicide Ae '(raded %o mrder a+%er acc&ed
)ad 'leaded no% (il%/J
&nswer%
No. To amend %)e in+orma%ion &o a& %o c)an(e %)e crime c)ar(ed +or
)omicide %o %)e more &erio& oBen&e o+ mrder a+%er %)e acc&ed )ad
'leaded no% (il%/ %o %)e +ormer i& indAi%aAl/ 'ro&criAed A/ Sec. 1,415# Rle
11>. For cer%ainl/ a c)an(e +rom )omicide %o mrder i& no% a ma%%er o+ +orm9
i% i& one o+ &A&%ance 7i%) $er/ &erio& con&e;ence&.
. )oer! to roer! in an uninhaited place
People 0. 4ontenegro
135 S2)& 23=
4arch 23, 1511
Second Di0ision% Padilla, 8.
Issue%
A+%er acc&ed )a$e Aeen arrai(ned +or roAAer/# ma/ %)e in+orma%ion Ae
amended %o c)an(e %o crime %o RoAAer/ in an Unin)aAi%ed Place# alle(e
con&'irac/ amon( all %)e acc&ed# dele%e all i%em& claimed %o )a$e Aeen
&%olen and &A&%i%%e %)em 7i%) diBeren% i%em& and decrea&in( %)eir $ale
+rom P=-#-F1.,> %o P=1#**8.D>J
9eld%
No. T)e 'ro'o&ed amendmen%& are clearl/ &A&%an%ial and )a$e %)e
eBec% o+ c)an(in( %)e crime c)ar(ed +rom KRoAAer/L 'ni&)aAle nder Ar%.
">F %o KRoAAer/ in an Unin)aAi%ed PlaceL 'ni&)aAle nder Ar%. *>" o+ %)e
RTC# %)ereA/ eG'o&in( acc&ed %o a )i()er 'enal%/ a& com'ared %o %)e
'enal%/ im'o&aAle +or %)e oBen&e c)ar(ed in %)e ori(inal in+orma%ion.
1oreo$er# %)e c)an(e in %)e i%em&# ar%icle& and Ee7elrie& alle(edl/ &%olen in%o
en%irel/ diBeren% ar%icle& +rom %)o&e ori(inall/ com'lained o+# aBec%& %)e
e&&ence o+ %)e im'%ed crime# and 7old de'ri$e acc&ed o+ %)e o''or%ni%/
%o mee% all %)e alle(a%ion& in %)e amended in+orma%ion# in %)e 're'ara%ion o+
%)eir de+ence& %o %)e c)ar(e !led a(ain&% %)em. Finall/# %)e alle(a%ion o+
con&'irac/ amon( all %)e acc&ed# 7)ic) 7a& no% 're$io&l/ inclded in %)e
ori(inal in+orma%ion# i& liIe7i&e a &A&%an%ial amendmen% &addlin( %)e
acc&ed 7i%) %)e need o+ a ne7 de+en&e in order %o mee% a diBeren% &i%a%ion
in %)e %rial cor%.
c. &llegation of relationship
People 0. Sando0al
3#1 S2)& #:=
Decemer 11, 2666
En 7anc% >nares.Santiago, 8.
Issue%
A+%er acc&ed i& arrai(ned# ma/ an amendmen% o+ %)e in+orma%ion +or
ra'e Ae made %o alle(ed %)e rela%ion&)i' o+ acc&ed %o %)e $ic%imJ
9eld%
No. T)e amendmen% i& &A&%an%ial in c)arac%er a& i% )ad %)e eBec% o+
c)an(in( %)e crime c)ar(ed# %)ereA/ eG'o&in( acc&ed %o a )i()er 'enal%/.
Sc) amendmen% can no lon(er Ae done a+%er acc&ed )a& 'leaded %o %)e
in+orma%ion +or &im'le ra'e 7i%)o% $iola%in( )i& con&%i%%ional ri()%&. <ein(
'reEdicial %o %)e ri()%& o+ %)e acc&ed# i% i& 'ro)iAi%ed A/ Rle 11># Sec. 1,
o+ %)e Rle& o+ Cor%.
F: Jhat happens if the accused has already entered his pleaO 2an the
information still be amended by the prosecutionO
*: *s to E"+M Ies, as a matter of judicial discretion.
*s to SC-S1*?25 ?ever
F: Dow do you determine whether the amendment is formal or
substantialO
*: *ccording to the S2 based on certain cases, the following are
considered substantial and therefore cannot be allowed after plea:
1. if the amendment changes the manner of the commission of the
offense3 !eople vs. Mulueta, .$ !hil. 40&)
&. if it changes the name of the offended party in defamation cases
!eople vs. Cba, $$ !hil. 1'#)
'. if it changes the date of the commission of the offense3 !eople
vs. "pemia, $. !hil. /$.)
,etLs say, from the year &((( to 0 years bac8wards. Dindi
pwedeng maging formal yan.
#. when the purpose of amendment is to ma8e the information
charge an offense when the original information does not charge
an offense3 Jong vs. Iatco, $$ !hil. 4$1) or
0. when it changes the fact or ground of responsibility alleged in
the original information. !eople vs. ,abatete, 04 ".%. /4.')
5@ample: from accomplice, gagawin 8ang principal. 1he
same is not formal.
,imitations on the amendment of an information:
>urisprudence allows amendments to information so long as:
a) it does not deprive the accused of the right to invo8e
prescription3 b) it does not affect or alter the nature of the
offense originally charged3 c) it does not involve a change in
the basic theory of the prosecution so as to reAuire the accused
to undergo any material change or modification in his defense3
d) it does not e@pose the accused to a charge which would call
for a higher penalty3 e) it does not cause surprise nor deprive
the accused of an opportunity to meet the new averment.
%abionBa vs. 2ourt of *ppeals, '00 S2+* 40$ G&((1H)
F: Dow do you determine whether the amendment is as to form or
substanceO
*: *n amendment which merely states with additional precision
something which is already contained in the original information, and
which, therefore, adds nothing essential for conviction for the crime
charged is an amendment to form that can be made at anytime. !eople
vs. Montenegro, 10$ S2+* &'/)
F: 1he amendment is substantial if the amendment will prejudice the
rights of the accused. Dow do you determine whether the rights of the
accused are prejudicedO
*: 1he test as to when the rights of an accused are prejudiced by the
amendment of a complaint or information is when a defense under the
complaint or information, as it originally stood, would no longer be
available after the amendment is made, and when any evidence the
accused might have, would be inapplicable to the complaint or
information as amended. !eople vs. Montenegro, 10$ S2+* &'/)
Meaning, evidence which could help you in the first place will no longer
help you after the amendment that is prejudicial.
-CD*1 vs. 2"C+1 "E *!!5*,S
&/0 S2+* 4(1, <ecember 14, 1$$/
E*21S: <anilo -uhat was charged with homicide in an
information which alleged that the accused 8illed the victim
using superior strength. G<apat diyan murder eh because of
superior strengthH *ccused -uhat pleaded not guilty. *fter that
the prosecution sought to amend the information by upgrading
the crime charged from homicide to the more serious crime of
murder.
7SSC5: 7s the amendment SC-S1*?17*, or E"+M*,O
D5,<: 7t is E"+M*, because the allegation of superior
strength is already there. 7n other words, from the very start, it
was really meant to be murder. Mabuti sana 8ung dinagdag lang
yung superior strength. 7t is already there all along.
:1he real nature of the criminal charge is determined not
from the caption or preamble of the information nor from the
specification of the provision of the law alleged to have been
violated, they being conclusions of law which in no way affect
the legal aspects of the information, but from the actual recital
of facts as alleged in the body of the information.9
:!etitioner in the case at bench maintains that, having already
pleaded :not guilty9 to the crime of homicide, the amendment
of the crime charged in the information from homicide to
murder is a substantial amendment prejudicial to his right to be
informed of the nature of the accusation against him. De utterly
fails to dispute, however, that the original information did allege
that petitioner stabbed his victim :using superior strength9. *nd
this particular allegation Aualifies a 8illing to murder, regardless
of how such a 8illing is technically designated in the
information filed by the public prosecutor.9
Meaning, in the case of -uhat the prosecutor believes originally that
it is homicide, but it is murder pala all along. Je are not adding anything
new.
7n the case of 1eehan8ee vs. Don. Madayag, et al., &(4 S2+* 1'#,
the following have been held to be merely formal amendments, viB:
1). ?ew allegations which relate only to the range of the penalty that
the court might impose in the event of conviction3
&). *n amendment which does not charge another offense different
or distinct from thag charged in the original one3
') additional allegations which do not alter the prosecutionLs theory
of the case so as to cause surprise to the accused and the affect the form
of defense he has or will assume3 and
#) an amendment which does not adversely affect any substantial
right of the accused, such as his right to invo8e prescription.
Dowever, any amendment before plea, which downgrades the
nature of the offense charged in or e@cludes any accused from the
complaint or information, can be made only upon motion by the
prosecutor, with notice to the offended party and with leave of
court. 1he court shall state its reasons in resolving the motion and
copies of its order shall be furnished all parties, especially the
offended party. n)second paragraph, Section 1#, +ule 11()
!eriod and Manner of *mendment
a) Jithout leave of court, at any time before the accused
enters his plea, e@cept when the amendment before plea
is intended to downgrade the nature of the offenses
charged in or e@ludes any accused from the complaint
or information, can be made only upon motion by the
prosecution, with notice to the offended party and with
leave of court. 1he court shall state its reasons in
resolving gthe motion and copies of its order shall be
furnished all parties, especially the offended party.
b) *fter the plea and during trial, a formal amendment
may only be made with leave of court and when it can
be done without causing prejudice to the rights of the
accused.
2an laches prevent a formal amendmentO
?o. :,aches9 is defined as the failure or neglect, for an
unreasonable and une@plained length of time, to do that which by
e@ercising due diligence could or should have been done earlier3 it
is negligence or omission to assert a right within a reasonable time,
warranting a presumption that a party entitled to assert it either has
abandoned it or declined to assert it.
*s the Solicitor %eneral correctly pointed out, the principle
of laches is inapplicable in this case. 1he provision in Sec.
1#, +ule 11( of the +ules on 2riminal !rocedure is e@plicit
that amendments as to form may still be made after
arraignment or during trial. %abionBa vs. 2* 5t al., '00
S2+* 40$ G&((1H)
*mendment after plea to allege conspiracy is a formal one
7n the 1$.' case !eople vs. 2ourt of *ppeals, the 2ourt ruled
that a post=arraignment amendment to further allege
conspiracy is only a formal amendment, not prejudicial to the
rights of the accused and proper even after the accused has
pleaded :not guilty9 to the charge under the original
information. *mendment to insert the real name of the
accused involves merely a matter of form. 7n amending a
criminal information, what is primarily guarded agsint is the
impairment of the accusedLs right to intelligently 8now the
nature of the charge against him. -uhat vs. 2* et al., &/0
S2+* 4(1)
Jhen to object to the amendment:
1he objection to the amendment of the information or
complaint must be raised at the time the amendment is made,
otherwise, the appellantLs silence would be deemed consent
on his part to the amendment. !eople vs. >anairo, '11 S2+*
0.)
1he second paragraph of Section 1# is new. 1a8e note in the case of
-uhat, from homicide to murder. Dere it is the other way around. ,etLs
say before arraignment, the !rosecutorabi found that the offense
committed is merely homicide not murder. So the offense charges is
downgraded.
?ow, if prosecutor will do that, he must notify the offended party, at
least the family, so that he can be heard before the trial court allows. So
this time, the amendment is not a matter of right.
*gain, when you amend a complaint or information to downgrade the
nature of the offense or when the amendment is to e@clude an accused
from the complaint or information, of course, it can only be done by
motion of the prosecutor, notice to the offended party, and decree of
court. 1hat is a new provision.
Substitution
:7f it appears at anytime before judgment that a mista8e has been
made in charging the proper offense, the court shall dismiss the
original complaint or information upon the filing of a new one
charging the proper offense in accordance with section 1$, +ule
11$, provided the accused shall not be placed in double jeopardy.
1he court may reAuire the witnesses to give bail for their
appearance at the trial.9 ,ast paragraph, Section 1#, +ule 11()
,etLs go to basic.
F: *fter the trial, the crime proven is different from the crime
charged, however, the former is included in the latter. Jill you dismiss
the caseO
*: ?", just convict the accused for the crime proven since the crime
proven is included in the crime charged.
5P*M!,5: >enny was charged with murder. *fter trial, the
prosecution proved homicide. Jhat will the court doO <ismiss the
complaint for murderO ?". >enny should be convicted for homicide
because all the element of homicide are also included in the crime of
murder. +ule 11$)
Dowever, that is not what Section 1# contemplates. Jhat is
contemplated by Section 1# is, the offense proven is completely
different from the crime charged and therefore the accused cannot be
convicted for the crime proven because the crime proven is not included
in the crime charged.
F: So what should the court doO
*: 1he court should dismiss the complaint or information upon the
filing of a new information by the prosecution. !rovided, the principle of
double jeopardy is not applicable.
+emember the case of Cba, where ;idB was charged with oral
defamation for uttering slanderous remar8s against >essamyn on a
particular date and time. -ut during the trial, it turned out that the
slander was committed against ,yle. ?ow, can ;idB be convicted for the
crime of slander against ,yle, when the information says the crime was
against >essamynO
?". *lthough the crime proven is the same, however the erroneous
designation of the offended party deals with entirely another crime
committed against a different person.
F: Jhat should the court do in that caseO
*: Eollowing Section 1#, the fiscal should file a new information
almost e@actly the same as the old one, now the offended party is ,yle.
1he court will now dismiss the original charge which is entirely
different.
F: Jhat do you call thatO
*: SC-S171C17"? of complaint or information.
F: ?ow, how do you distinguish substitution of information from
amendment of informationO
*: 1he case of
155D*?655 >+. vs. M*<*I*%
&(4 S2+* 1'#
E*21S: 1his case was about the murder of Maureen
Dultman. She was shot but did not die immediately. So the
crime charged was frustrated murder. -ut while the case was
pending, Dultman died. 1herefore, the fiscal filed a new
information for consummated murder.
7SSC5: <istinguish amendment of information from
substitution of informationO G1his would be clearer when we
reach +ule 11& on !reliminary 7nvestigationH
D5,<: 1he first paragraph provides the rules for amendment
of the information or complaint, while the second paragraph
refers to the substitution of the information or complaint.
7t may accordingly be posited that both amendment and
substitution of the information may be made before or after the
defendant pleads, but they differ in the following respects:
1. *M5?<M5?1 may involve either formal or substantial
changes, while SC-S171C17"? necessarily involves a
substantial change from the original charge3
&. *M5?<M5?1 before plea has been entered can be
effected without leave of court, but SC-S171C17"? of
information must be with leave of court as the original
information has to be dismissed3
'. Jhere the *M5?<M5?1 is only as to form, there is no
need for another preliminary investigation and the reta8ing
of the plea of the accused3 in SC-S171C17"? of
information, another preliminary investigation is entailed
and the accused has to plead anew to the new information3
and
#. *n *M5?<5< information refers to the same offense
charged in the original information or to an offense which
necessarily includes or is necessarily included in the
original charge, hence substantial amendments to the
information after the plea has been ta8en cannot be made
over the objection of the accused, for if the original
information would be withdrawn, the accused could,
invo8e double jeopardy. "n the other hand,
SC-S171C17"? reAuires or presupposes that the new
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.
7n amendment, you are not changing the crime. 1he crime is the
same. 1herefore, after the accused has pleaded, you cannot change the
information anymore. 1hat is why substantial amendments can never be
allowed after the plea. 7f this rule is violated, he will be placed in double
jeopardy because you are charging him for the same offense or an
offense necessarily included in the original charge.
"n the other hand, substitution presupposes that the new information
or complaint involves a different offense which is not necessarily
included in the in the original charge. 1herefore, the accused cannot
claim double jeopardy. Dow can you invo8e double jeopardy in
substitution when the new charge is completely different from the
original chargeO
S52. 10. !lace where action is to be instituted. a) Subject to
e@isting laws, the criminal action shall be instituted and tried in the
court of the municipality or territory where the offense was
committed or where any of its essential ingredients occurred.
b) Jhere an offense is committed in a train, aircraft, or
other public or private vehicle in the course of its trip, the
criminal action shall be instituted and tried int eh court of any
municipality or territory where such train, aircraft, or other
vehicle passed during its trip, including the place of its
departure and arrival.
c) Jhere an offense is committed on board a vessel in the
course of its voyage, the criminal action shall be instituted
and tried in the court of the first port of entry or of any
municipality or territory where the vessel passed during such
voyage, subject to the generally accepted principles of
international law.
d) 2rimes committed outside the !hilippines but
punishable under *rticle & of the +evised !enal 2ode shall
be cogniBable by the court where the criminal action is first
filed. 10a)
See discussion on jurisdiction and venue)
S52. 1/. 7ntervention of the offended party in criminal
action. Jhere the civil action for recovery of civil liability
is instituted in the criminal action pursuant to +ule 111, the
offended party may intervene by counsel in the prosecution
of the offense. 1/a)
E@ect when the 2i0il &ction for )eco0er! of 2i0il Hiailit! is
Instituted in the 2riminal &ction%
1. When o@ended part! ma! inter0ene in the prosecution of o@ense%
W)en %)e ci$il ac%ion i& +or reco$er/ o+ ci$il liaAili%/ in&%i%%ed in %)e
criminal ac%ion
2. 9ow ma! the o@ended part! inter0ene%
A/ con&el
1. Inter0ention prohiited
Dicha0es 0. &palit
333 S2)& 3#
8une 1, 2666
Second Di0ision% 4endo/a, 8.
,uestion%
W)en ma/ an oBended 'ar%/ no% Ae allo7ed %o %aIe 'ar% in %)e
criminal 'ro&ec%ionJ
&nswer%
Under Sec. 1 Rle 111 o+ %)e Re$i&ed Rle& on Criminal Procedre#
%)ere are * in&%ance& 7)en %)e oBended 'ar%/ in a criminal ca&e canno% %aIe
'ar% in %)e criminal 'ro&ec%ion# %o 7i%M 213 i+ %)e ci$il ac%ion )a& Aeen 7ai$ed9
2"3 i+ %)e ri()% %o in&%i%%e a &e'ara%e ci$il ac%ion )a& Aeen re&er$ed9 and 2*3 i+
%)e ci$il ac%ion 7a& !led 'rior %o %)e criminal ac%ion.
2. A@ense with no o@ended part!
)amiscal 0. Sandigana!an
##= S2)& :6=
Decemer 13, 266#
Second Di0ision% 2alle"o, Sr., 8.

'acts%
Acc&ed 7ere c)ar(ed Ae+ore %)e Sandi(anAa/an 7i%) $iola%ion o+ Sec.
*2e3 o+ R.A. *>1F# o%)er7i&e Ino7n a& %)e An%iCGra+% and Corr'% Prac%ice&
Ac% and Fal&i!ca%ion o+ PAlic Docmen%&# nder Ar%. 1=14,5 o+ %)e RPC. T)e
c)ar(e& aro&e o% o+ alle(ed nder'a/men% o+ ca'i%al (ain& and
docmen%ar/ &%am' %aGe&# Aa&ed on %)e ac%al and correc% 'rice o+ %)e
'ro'er%/ 'rc)a&ed A/ %)e Armed Force& o+ %)e P)ili''ine& Re%iremen% and
Se'ara%ion <ene!%& S/&%em 2AFPCRS<S3. A%%/. AlAano !led a KNo%ice o+
A''earanceL a& 'ri$a%e 'ro&ec%or +or %)e A&&ocia%ion o+ General& and Fla(
O?cer&# Inc. 2AGFOI3.
Issue%
1a/ a 'ri$a%e 'ro&ec%or a''ear in %)e&e ca&e&J
9eld%
No. Under Sec. 18# Rle 11> o+ %)e Re$i&ed Rle& o+ Criminal Procedre#
%)e oBended 'ar%/ ma/ Ae a 'ri$a%e indi$idal 7)o i& dama(ed or inEred A/
%)e delic%al ac%& com'lained o+. Sc) 'ar%/ m&% Ae one 7)o )a& a le(al
ri()%9 a &A&%an%ial in%ere&% in %)e &AEec% ma%%er o+ %)e ac%ion. Sc) in%ere&%
m&% no% Ae a mere eG'ec%anc/# &Aordina%e or incon&e;en%ial.
0ence# e$en i+ %)e memAer& o+ AGFOI ma/ al&o Ae memAer& o+ %)e
AFPCRS<S# AGFOI doe& no% )a$e a le(al ri()% %o in%er$ene in %)e criminal
ca&e& merel/ and &olel/ %o en+orce and:or 'ro%ec% %)e con&%i%%ional ri()% o+
&c) memAer& %o )a$e acce&& %o %)e record& o+ AFPCRS<S. Nei%)er are &c)
memAer& en%i%led %o in%er$ene %)erein &im'l/ Aeca&e %)e +nd& o+ %)e AFPC
RS<S are 'Alic or (o$ernmen% +nd&. An/ in%ere&% o+ %)e memAer& o+ %)e
AFPCRS<S o$er i%& +nd& or 'ro'er%/ i& merel/ inc)oa%e and inciden%al. Sc)
+nd& Aelon( %o %)e AFPCRS<S 7)ic) )a& a Eridical 'er&onali%/ &e'ara%e and
inde'enden% o+ i%& memAer&.
For $iola%ion o+ Sec. *2e3 o+ R.A. *>1F# %)e oBended 'ar%/ i& %)e
(o$ernmen%# 7)ic) 7a& alle(edl/ de'ri$ed A/ %)e acc&ed o+ %)e ca'i%al
(ain& and docmen%ar/ &%am' %aGe&. Similarl/# AGFOI i& no% an oBended
'ar%/ in %)e c)ar(e& +or +al&i!ca%ion o+ 'Alic docmen%&. In %)e +elon/ o+
+al&i!ca%ion o+ 'Alic docmen%# %)e eGi&%ence o+ an/ 'reEdice ca&ed %o
%)ird 'er&on or %)e in%en% %o ca&e dama(e# a% %)e $er/ lea&%# Aecome&
imma%erial.
3. Where o@ended part! did not initiate
&gu"etas 0. 2&
2=1 S2)& 1:
&ugust 23, 155=
En 7anc% <orres, 8r., 8.
Issue%
W)ere %)e oBended 'ar%/ did no% ini%ia%e %)e com'lain% or in&%i%%e %)e
'ro&ec%ion# can )e a&I +or dama(e& i+ )e ac%all/ %e&%i!e& drin( %)e %rialJ
&nswer%
Ye&. I+ %)e inEred 'ar%/ )a& no% eG're&&l/ 7ai$ed %)e ci$il liaAili%/ o+ %)e
acc&ed nor re&er$ed )i& ri()% %o !le a &e'ara%e ci$il ac%ion# i% i& error +or %)e
cor% %o re+&e a re;e&% o+ %)e inEred 'ar%/ drin( %)e cor&e o+ %)e
criminal 'ro&ec%ion %o &Ami% e$idence o+ )i& dama(e&.
#. Where o@ended part! desisted
People 0. &maca
2:: S2)& 213
&ugust 12, 155:
<hird Di0ision% Panganian, 8.
'acts%
T)e mo%)er o+ %)e $ic%im in a mrder ca&e eGec%ed an a?da$i% o+
de&i&%ance 7)erein &)e al&o claimed %)a% )er &on died a& a re&l% o+ an
acciden%. T)e (o$ernmen%# )o7e$er# 'ro&ec%ed %)e acc&ed +or %)e crime
and &ecred a con$ic%ion.
Issue%
1a/ ci$il liaAili%/ Ae a7arded %o %)e )eir& o+ %)e $ic%imJ
9eld%
No. De&i&%ance o+ %)e $ic%imP& com'lainin( mo%)er doe& no% Aar %)e
Peo'le +rom 'ro&ec%in( %)e criminal ac%ion# A% i% doe& o'era%e a& a 7ai$er
o+ %)e ri()% %o 'r&e ci$il indemni%/. 0ence# in eBec%i$el/ 7ai$in( )er ri()%
%o in&%i%%e an ac%ion %o en+orce %)e ci$il liaAili%/ o+ acc&ed# &)e al&o 7ai$ed
)er ri()% %o Ae a7arded an/ ci$il indemni%/ ari&in( +rom %)e criminal
'ro&ec%ion.
"f course, the prosecution is under the control of the fiscal but the law
says, the private offended party can intervene through counsel. 1hat is
what you call the appearance of the private prosecutor.
Mobilia !roducts, 7nc. vs. Dajime CmeBawa
%+ ?os. 1#$'04 K 1#$#(', March #,&((0
7n +amiscal >r. v. Sandiganbayan, %+ ?os. 1#(04/=$$, <ecember 1',
&((#, we held that under Sec. 1/, +ule 11( of the +ules of 2riminal
!rocedure, the offended party may intervene in the criminal action
personally or by counsel, who will then act as private prosecutor for the
protection of his interests and in the interest of the speedy and
ine@pensive administration of justice. * separate action for the purpose
would only prove to be costly, burdensome and time=consuming for both
parties and further delay the final disposition of the case. 1he
multiplicity of suits must be avoided. Jith the implied institution of the
civil action in the criminal action, the two actions are merged into one
composite proceeding, with the criminal action predominating the civil.
1he prime purpose of the criminal action is to punish the offender in
order to deter him and others from committing the same or similar
offense, to isolate him from society, reform and rehabiliate him, or in
general, to maintain social order.
1he intervention of the private offended party, through counsel, and
his prosecution of the case shall be under the control and supervision of
the public prosecutor until the final termination of the case. * public
prosecutor who has been entrusted by law with the prosecution of
criminal cases is duty bound to ta8e charge thereof until its final
termination, for under the law, he assumes full responsibility for his
failure or success since he is the one more adeAuately prepared to pursue
it to its termination. !eople vs. -eriales, 4( S2+* '/ G1$4/H) the
prosecution of offenses is a public function. 7ndeed, the sole purpose of
the civil action is the resolution, reparation or indemnification of the
private offended party for the damage or injury he sustained by reason of
the delictual or felonious act of the accused.
?eplum, 7nc. vs. "rbeso
'.# S2+* #// &((&)
7n a criminal case in which the offended party is the State, the interest
of the private complainant or the offended party is limited to the civil
liability arising therefrom. Dence, if a criminal case is dismissed by the
trial court or if there is an acAuittal, a reconsideration of the order of
dismissal or acAuittal may be underta8en, whenever legally feasible,
insofar as the criminal aspect thereof is concerned and may be made
only by the public prosecutor3 or in the case of an appeal, by the S1*1e
only, through the "S%. 1he private complainant or offended party may
not underta8e such motion for reconsideration or appeal on the criminal
aspect of the case.
Mobilia supra
Dowever, the offended party or private complainant may file a
motion for reconsideration of such dismissal or acAuittal or appeal
therefrom but only insofar as the civil aspect thereof is concerned. 7n so
doing, the private complainant or offended party need not secure the
conformity of the public prosecutor. 7f the court denies his motion for
reconsideration, the private complainant or offended party may appeal or
file a petition for certiorari or mandamus, if grave abuse amounting to
e@cess or lac8 of jurisdiction is shown and the aggrieved party has no
right of appeal or given an adeAuate remedy in the ordinary course of
law.
1he public and private prosecutors are not precluded, whenever
feasible, from filing a joint motion for the reconsideration of the
dismissal of the case or the acAuittal of the accused, on the criminal and
civil aspects of the case.
F: Jhen is it allowedO
*: 1he following are the reAuirements:
1. if there is civil liability arising from the crime because the
purpose of the private prosecutor is to protect the civil liability
of the offended party3
&. there is no waiver. 1he offended party should not waive the civil
liability3
'. the offended party should not have reserved to file a separate
civil action because once you have made a reservation, wala na.
Iou cannot anymore hire a private prosecutor3
#. the civil action has not been previously instituted because if the
civil action is already filed, you cannot intervene in the criminal
case.
F: Jhat are the rights of the offended party in a criminal actionO
*: 1he following:
1. to ta8e part in the prosecution of the offense3
&. to recover civil liability from the accused arising from the
crime3 and
'. to appeal from any judgment or order adversely affecting his
claim to such civil liability. !eople vs. ;eleB, 44 !hil. 1(&/)
F: %ive the limitations to the offended partyLs right of intervention in
a criminal action.
*: 1he following:
1. such intervention shall be under the direction and control of the
fiscal Section 0)3
&. such intervention shall only be for the purpose of enforcing the
accusedLs civil liability arising from the crime. !eople vs.
;eleB, supra)
"ne of the interesting cases decided based on Section 1/ is the 1$.4
case of
-*?*, vs. 1*<5", >+.
10/ S2+* '&0
E*21S: 1his is a case for violation of -! &&. 1he offended
party hired a private prosecutor to prosecute the case. 1he
accused challenged the appearance of the private prosecutor on
the ground that -! && does not provide for any civil liability and
therefore there is no civil liability.
So the trial court disAualified the private prosecutor. 1he
offended party went to the S2.
7SSC5: 7s a private prosecutor allowed to intervene in a -!
&& caseO
D5,<: I5S. * private prosecutor is allowed to intervene in a
-! && case because there is a civil liability in -! && even if the
law is silent about it.
?ormally lawyers would say that civil liability in a criminal
case arises from the crime3 because of the crime, there is civil
liability.
*ccording to the S2:
J+"?%VV 7t is not the crime which is the source of the civil
liability. 7t is the damage that the accused caused to the victimV
:1he generally accepted notion that the civil liability actually
arises from the crime a misconception or fallacy. :Jhile an act
or omission is felonious because it is punishable by law, it gives
rise to civil liability not so much because it is a crime but
because it caused damage to another. ;iewing things
pragmatically, we can readily see that what gives rise to the civil
liability is really the obligation and the moral duty of everyone
to repair or ma8e whole the damage caused to another by reason
of his own act or omission, done intentionally or negligently,
whether or not the same be punishable by law. 7n other words,
criminal liability will give rise to civil liability only if the same
felonious act or omission results in damage or injury to another
and is the direct and pro@imate cause thereof. <amage or injury
to another is evidently the foundation of the civil action. Such is
not the case in criminal actions for, to be criminally liable, it is
enough that the act or omission complained of is punishable,
regardless of whether or not it also causes material damage to
another. *rticle &( of the ?ew 2ivil 2ode provides:
:5very person who, contrary to law, willfully or
negligently causes damage to another, shall
indemnify the latter for the same.9
:+egardless, therefore, of whether or not a special law so
provides, indemnification of the offended party may be had on
account of the damage, loss or injury directly suffered as a
conseAuence of the wrongful act of another. 1he indemnity
which a person is sentenced to pay forms an integral part of the
penalty imposed by law for the commission of a crime. 5very
crime gives rise to a penal or criminal action for the punishment
of the guilty party, and also to civil action for the restitution of
the thing, repair of the damage, and indemnification for the
losses.9
1he ruling in -anal seems not to jive with *rticle 1104 of the ?ew
2ivil 2ode. Cnder *rticle 1104, the following are the sources of
obligations:
1. laws3
&. contracts3
'. Auasi=contracts3
#. Auasi=delicts3
0. acts or omissions punishable by law.
*ccording to *rticle 1104, a crime punishable by law is a source of
obligation. -ut in the case of -anal, the S2 says ?", it is not the act or
omission but the damage or injury resulting from such act or omission.
1hat is how to reconcile these two ideas.
F: Je will go bac8 to the issue in -anal is there civil liability in -!
&& casesO
*: I5S because the offended party cannot get bac8 his money. 7f
there is damage, there is civil liability even if the law is silent. Duwag
mo na lang hanapin ang provision ng civil liability. Eor as long as there
is damage, there is civil liability.
!+"S52C17"? "E 27;7, 2*S5S
+ule 111
S5217"? 1. 7nstitution of criminal and civil actions. a)
Jhen a criminal action is instituted, the civil action for the
recovery of civil liability arising from the offense charged
shall be 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.
1he reservation of the right to institute separately the civil
action shall be made before the prosecution starts presenting
its evidence and under circumstances affording the offended
party a reasonable opportunity to ma8e such reservation.
Jhen the offended party see8s to enforce civil liability
against the accused by way of moral, nominal, temperate, or
e@emplary damages without specifying the amount thereof in
the complaint or information, the filing fees therefore shall
constitute a first lien on the judgment awarding such
damages.
Jhere the amount of damages, other than actual, is
specified in the complaint or information, the corresponding
filing fees shall be paid by the offended party upon the filing
thereof in court.
5@cept as otherwise provided in these +ules, no filing fees
shall be reAuired for actual damages.
?o counterclaim, cross=claim or third=party complaint
may be filed by the accused in the criminal case, but any
cause of action which could have been the subject thereof
may be litigated in a separate civil action. 1a)
b) 1he criminal action for violation of -atas !ambansa
-lg. && shall be deemed to include the corresponding civil
action. ?o reservation to file such civil action separately shall
be allowed.
Cpon filing of the aforesaid joint criminal and civil
actions, the offended party shall pay in full the filing fees
based on the amount of the chec8 involved, which shall be
considered as the actual damages claimed. Jhere the
complaint or information also see8s to recover liAuidated,
moral, nominal, temperate or e@emplary damages, the
offended party shall pay additional filing fees based on the
amounts alleged therein. 7f the amounts are not so alleged but
any of these damages are subseAuently awarded by the court,
the filing fees based on the amount awarded shall constitute a
first lien on the judgment.
Jhere the civil action has been filed separately and trial
thereof has not yet commenced, it may be consolidated with
the criminal action upon application with the court trying the
latter case. 7f the application is granted, the trial of both
actions shall proceed in accordance with section & of this
+ule governing consolidation of the civil and criminal
actions. cir. 04=$4)
E@ect of Institution of 2riminal &ction
1. (eneral )ule%
T)e ci$il ac%ion +or %)e reco$er/ o+ ci$il liaAili%/ ari&in( +rom
%)e oBen&e c)ar(ed &)all Ae deemed in&%i%%ed 7i%) %)e criminal
ac%ion.
Jhat is the basis for that principleO 1he basis is *rticle 1(( of the
+!2, :5very person criminally liable is also civilly liable.9 Jhen you
say deemed instituted, it does not only cover the civil liability of the
accused himself but also the probable subsidiary civil liability of the
employer under *rticle 1('. Iou already 8new of that rule that when an
employee=accused is adjudged criminally liable and is insolvent, the
employer of that accused who committed the crime while he was in the
discharge of his duties will be the one to answer the civil liability. 1hat is
why the S2 said that whether he li8es it or not, he is covered. 7t is
advisable for the employer in that situation to help his employee in the
criminal case because he will also be prejudiced if his employee will be
convicted. 1o borrow the language of the S2, whether he li8es it or not,
he is a forced intervenor in the criminal case filed against his employee.
2. E*ception + T)e ci$il ac%ion +or %)e reco$er/ o+ ci$il liaAili%/
ari&in( +rom %)e oBen&e c)ar(ed &)all Ae deemed no% in&%i%%ed
7i%) %)e criminal ac%ion 7)en %)e oBended 'ar%/M
1. 7ai$e& %)e ci$il ac%ion#
2. re&er$e& %)e ri()% %o in&%i%%e %)e ci$il ac%ion &e'ara%el/#
or
3. in&%i%%e& %)e ci$il ac%ion 'rior %o %)e criminal ac%ion
1he main principle is: when a criminal action is filed, the civil action
for the recovery of the civil liability arising from the offense charged is
deemed instituted with the criminal action.
"nly the civil lliability of the accused arising from the crime charged
is deemed impliedly instituted in a criminal action3 that is, unless the
offended party waives the civil action, reserves the right to institute it
separately, or institutes it prior to the criminal action. !anganiban,
1ransparencey, Cnanimity K <iversity G&((( edH, pp. &11=&1&) Dence
the subsidiary liability of the employer under *rt. 1(' of the +evised
!enal 2ode may be enforced by e@ecution on the basis of the judgment
of conviction meted out to the employee. 7d., p. &1&)
F: Jhen is a civil action arising from a crime ?"1 deemed instituted
with the criminal actionO
*: 1he civil action is ?"1 deemed instituted with the criminal action:
1. when the offended party has waived the civil aspect of the case3
&. when the offended party has reserved his right to file a separate
civil action3 or
'. when the civil action was filed or instituted ahead of the
criminal action.
#. when the crime is one to which no civil liability attaches.
!eople vs. Maceda, 4' !hil. /4$)
0. when the civil action was filed in court before the presentation
of the evidence for the prosecution in the criminal action of
which the judge presiding on the criminal cases was duly
informed. Ia8ult !hils. vs. 2*, 1$( S2+* '04)3
Cnless the offended party waives the civil action, or reserves the
right or institute it separately or institute the civil prior to the
criminal action, there are two actions involved in a criminal
case. SalaBar vs. !eople #11 S2+* 0$. G&(('H)
When )eser0ation of the )ight to Institute a Separate 2i0il
&ction 4ust e 4ade%
1. <e+ore %)e 'ro&ec%ion &%ar%& 're&en%in( i%& e$idence#
2. Under circm&%ance aBordin( %)e oBended 'ar%/ a rea&onaAle
o''or%ni%/ %o maIe &c) re&er$a%ion
DocBet 'ees for Damages 7eing 2laimed ! the A@ended
Part! in the 2i0il &ction
1. &ctual Damages%
1.(eneral )ule + Pa/men% o+ docIe%:!lin( +ee& i& NOT
re;ired
2. E*ception + Pa/men% o+ docIe%:!lin( +ee& i& re;ired
7)en %)e Rle&
'ro$ide& %)ere+ore# i.e.2
1. 7.P. 22 cases 2Rle 111 Sec. 14A53 T !lin( +ee& &)all
Ae Aa&ed on %)e
amon% o+ %)e c)ecI in$ol$ed
2. Estafa cases 2A.1. No. >,C"C>,3 T !lin( +ee& &)all Ae
Aa&ed on %)e
amon% in$ol$ed
2. 4oral, -ominal, <emperate or E*emplar! Damages
1. I+ %)e amon% i& &'eci!ed in %)e com'lain% or in+orma%ionM
%)e corre&'ondin( !lin( +ee& &)all Ae 'aid A/ %)e
oBended 'ar%/ 'on %)e !lin( %)ereo+ in cor%
2. I+ %)e amon% i& NOT &'eci!ed in %)e com'lain% or
in+orma%ionM
%)e !lin( +ee& %)ere+ore &)all con&%i%%e a !r&% lien on
%)e Ed(men%
a7ardin( &c) dama(e&
)ules on 2ounterclaims, 2ross.2laims or <hird Part!
2omplaints
1. T)e/ canno% Ae !led A/ %)e acc&ed in %)e criminal ca&e# A%
2. An/ ca&e o+ ac%ion 7)ic) cold )a$e Aeen %)e &AEec% %)ereo+
ma/ Ae li%i(a%ed in a &e'ara%e ci$il ac%ion
1. &ctions deemed instituted
Philippine )ait 0. People
#2: S2)& #3=
&pril 1#, 266#
'irst Di0ision% Panganian, 8.
,uestion%
W)a% are %)e ci$il ac%ion& deemed in&%i%%ed in a criminal
'ro&ec%ion nder %)e ">>> Rle& o+ Criminal ProcedreJ
&nswer%
Onl/ %)e ci$il liaAili%/ o+ %)e acc&ed ari&in( +rom %)e crime
c)ar(ed i& deemed im'liedl/ in&%i%%ed in a criminal ac%ion# %)a%
i&# nle&& %)e oBended 'ar%/ 7ai$e& %)e ci$il ac%ion# re&er$e& %)e
ri()% %o in&%i%%e i% &e'ara%el/# or in&%i%%e& i% 'rior %o %)e criminal
ac%ion.
W)a% i& deemed in&%i%%ed in e$er/ criminal 'ro&ec%ion i&
%)e ci$il liaAili%/ ari&in( +rom %)e crime or delic% 'er &e 2ci$il
liaAili%/ ex delicto3# A% no% %)o&e liaAili%ie& ari&in( +rom ;a&iC
delic%&# con%rac%& or ;a&iCcon%rac%&. In +ac%# e$en i+ a ci$il ac%ion
i& !led &e'ara%el/# %)e ex delicto ci$il liaAili%/ in %)e criminal
'ro&ec%ion remain&# and %)e oBended 'ar%/ ma/ T &AEec% %o %)e
con%rol o+ %)e 'ro&ec%or T &%ill in%er$ene in %)e criminal ac%ion# in
order %o 'ro%ec% %)e remainin( ci$il in%ere&% %)erein.
2. &ctions not deemed instituted
4aniago 0. 2&
233 S2)& =:#
'eruar! 26, 155=
Second Di0ision% 4endo/a, 8.
,uestion%
W)a% are %)e in&%ance& 7)en %)e ci$il ac%ion +or reco$er/ o+
ci$il liaAili%/ i& no% im'liedl/ in&%i%%ed 7i%) %)e criminal ac%ionJ
&nswer%
A& a (eneral rle# a ci$il ac%ion i& deemed im'liedl/
in&%i%%ed 7i%) %)e criminal ac%ion# eGce'% onl/ 7)enM 213 &c)
ac%ion ari&in( +rom %)e &ame ac% or omi&&ion# 7)ic) i& %)e &AEec%
o+ %)e criminal ac%ion# i& 7ai$ed9 2"3 %)e ri()% %o Arin( i%
&e'ara%el/ i& re&er$ed9 or 2*3 &c) ac%ion )a& Aeen in&%i%%ed 'rior
%o %)e criminal ac%ion.
3. E*ception to re?uirement of reser0ation
>aBult 0. 2&
156 S2)& 33:
Actoer 3, 1556
En 7anc% (anca!co, 8.
'acts%
Acc&ed 7a& c)ar(ed 7i%) recIle&& im'rdence re&l%in( %o
&li()% ')/&ical inErie& +or &ide&7i'in( a -C/ear old c)ild. AAo% "
/ear& la%er# %)e +a%)er o+ %)e c)ild &ed acc&ed +or dama(e& +or
%)e &ame inciden%. W)ile no re&er$a%ion 7a& made A/ %)e +a%)er
in %)e criminal ca&e a& %o %)e ci$il a&'ec%# )e in+ormed %)e cor% o+
%)e !lin( o+ %)e ci$il ca&e. A% %)e %ime# %)e 'ro&ec%ion )a& no%
commenced 're&en%in( e$idence in %)e criminal ca&e.
Issue%
Can a ci$il ac%ion in&%i%%ed a+%er %)e criminal ac%ion 7a& !led
'ro&'er e$en i+ %)ere 7a& no re&er$a%ion %o !le a &e'ara%e ci$il
ac%ionJ
9eld%
Ye&. Under Sec. 1 o+ Rle 111# %)e re&er$a%ion o+ %)e ri()% %o
in&%i%%e %)e &e'ara%e ci$il ac%ion &)all Ae made Ae+ore %)e
'ro&ec%ion &%ar%& %o 're&en% i%& e$idence and nder
circm&%ance& aBordin( %)e oBended 'ar%/ a rea&onaAle
o''or%ni%/ %o maIe &c) re&er$a%ion. Al%)o() %)e &e'ara%e ci$il
ac%ion !led in %)i& ca&e 7a& 7i%)o% 're$io& re&er$a%ion in %)e
criminal ca&e# ne$er%)ele&& &ince i% 7a& in&%i%%ed Ae+ore %)e
'ro&ec%ion 're&en%ed e$idence in %)e criminal ac%ion# and %)e
Ed(e )andlin( %)e criminal ca&e 7a& in+ormed %)ereo+# %)en %)e
ac%al !lin( o+ %)e ci$il ac%ion i& e$en +ar Ae%%er %)an a com'liance
7i%) %)e re;iremen% o+ an eG're&& re&er$a%ion %)a% &)old Ae
made A/ %)e oBended 'ar%/ Ae+ore %)e 'ro&ec%ion 're&en%& i%&
e$idence.
!ayment of Eiling Eee
E7+S1 <7;7S7"?
G%.+. ?o. 1&/''#. ?ovember &', &((1.H
5M7,7" 5M?*25, petitioner, vs. 2"C+1 "E *!!5*,S, 5S1*15
"E ;725?15 1*-*?*", SD5+J7? 1*-*?*", ;725?15
J7,,7*M 1*-*?*", >*?5115 1*-*?*" <5!"S"I, ;725?1*
M*I 1*-*?*" ;*+5,*, +"S5,* 1*-*?*" and ;7?25?1
1*-*?*", respondents.
< 5 2 7 S 7 " ?
I?*+5S=S*?17*%", > p:
!etitioner filed a petition for certiorari before the 2ourt of *ppeals, 11
raising the following issues:
7. Jhether or not respondent >udge acted without jurisdiction or with
grave abuse of discretion in ta8ing cogniBance of a case despite the
failure to pay the reAuired doc8et fee3
77. Jhether or not respondent >udge acted without jurisdiction or with
grave abuse of discretion in insisting to try the case which involve sic) a
parcel of land situated outside of its territorial jurisdiction3
777. Jhether or not respondent >udge acted without jurisdiction
or with grave abuse of discretion in allowing the estate of the deceased
to appear as party plaintiff, when there is no intestate case and filed by
one who was never appointed by the court as administratri@ of the
estates3 and
7;. Jhether or not respondent >udge acted without jurisdiction
or with grave abuse of discretion in not dismissing the case on the
ground of prescription.
"n *ugust ., 1$$/, the 2ourt of *ppeals rendered the assailed
decision, 1& dismissing the petition for certiorari, upon a finding that no
grave abuse of discretion amounting to lac8 or e@cess of jurisdiction was
committed by the trial court in issuing the Auestioned orders denying
petitionerXs motions to dismiss.
?ot satisfied, petitioner filed the instant petition for review, raising
the same issues resolved by the 2ourt of *ppeals, namely:
7. Eailure to pay the proper doc8et fee3
77. !arcel of land subject of the case pending before the trial court is
outside the said courtXs territorial jurisdiction3
777. ,ac8 of capacity to sue on the part of plaintiff heirs of
;icente 1abanao3 and
7;. !rescription of the plaintiff heirsX cause of action.
7t can be readily seen that respondentsX primary and ultimate objective
in instituting the action below was to recover the decedentXs 1)' share in
the partnershipXs assets. Jhile they as8 for an accounting of the
partnershipXs assets and finances, what they are actually as8ing is for the
trial court to compel petitioner to pay and turn over their share, or the
eAuivalent value thereof, from the proceeds of the sale of the partnership
assets. 1hey also assert that until and unless a proper accounting is done,
the e@act value of the partnershipXs assets, as well as their corresponding
share therein, cannot be ascertained. 2onseAuently, they feel justified in
not having paid the commensurate doc8et fee as reAuired by the +ules of
2ourt.
Je do not agree. 1he trial court does not have to employ guesswor8
in ascertaining the estimated value of the partnershipXs assets, for
respondents themselves voluntarily pegged the worth thereof at 1hirty
Million !esos !'(,(((,(((.((). Dence, this case is one which is really
not beyond pecuniary estimation, but rather parta8es of the nature of a
simple collection case where the value of the subject assets or amount
demanded is pecuniarily determinable. 1' Jhile it is true that the e@act
value of the partnershipXs total assets cannot be shown with certainty at
the time of filing, respondents can and must ascertain, through informed
and practical estimation, the amount they e@pect to collect from the
partnership, particularly from petitioner, in order to determine the proper
amount of doc8et and other fees. 1# 7t is thus imperative for respondents
to pay the corresponding doc8et fees in order that the trial court may
acAuire jurisdiction over the action. 10
?evertheless, unli8e in the case of Manchester <evelopment 2orp. v.
2ourt of *ppeals, 1/ where there was clearly an effort to defraud the
government in avoiding to pay the correct doc8et fees, we see no attempt
to cheat the courts on the part of respondents. 7n fact, the lower courts
have noted their e@pressed desire to remit to the court Rany payable
balance or lien on whatever award which the Donorable 2ourt may grant
them in this case should there be any deficiency in the payment of the
doc8et fees to be computed by the 2ler8 of 2ourt.R 14 1here is evident
willingness to pay, and the fact that the doc8et fee paid so far is
inadeAuate is not an indication that they are trying to avoid paying the
reAuired amount, but may simply be due to an inability to pay at the time
of filing. 1his consideration may have moved the trial court and the
2ourt of *ppeals to declare that the unpaid doc8et fees shall be
considered a lien on the judgment award.
!etitioner, however, argues that the trial court and the 2ourt of
*ppeals erred in condoning the non=payment of the proper legal fees and
in allowing the same to become a lien on the monetary or property
judgment that may be rendered in favor of respondents. 1here is merit in
petitionerXs assertion. 1he third paragraph of Section 1/, +ule 1#1 of the
+ules of 2ourt states that:
1he legal fees shall be a lien on the monetary or property judgment in
favor of the pauper=litigant.
+espondents cannot invo8e the above provision in their favor because
it specifically applies to pauper=litigants. ?owhere in the records does it
appear that respondents are litigating as paupers, and as such are
e@empted from the payment of court fees. 1.
1he rule applicable to the case at bar is Section 0a) of +ule 1#1 of
the +ules of 2ourt, which defines the two 8inds of claims as: 1) those
which are immediately ascertainable3 and &) those which cannot be
immediately ascertained as to the e@act amount. 1his second class of
claims, where the e@act amount still has to be finally determined be the
courts based on evidence presented, falls sAuarely under the third
paragraph of said Section 0a), which provides:
7n case the value of the property or estate or the sum claimed is less or
more in accordance with the appraisal of the court, the difference of fee
shall be refunded or paid as the case may be. 5mphasis ours)
7n !ilipinas Shell !etroleum 2orporation v. 2ourt of *ppeals, 1$ this
2ourt pronounced that the above=Auoted provision Rclearly contemplates
an initial payment of the filing fees corresponding to the estimated
amount of the claim subject to adjustment as to what later may be
proved.R &( Moreover, we reiterated therein the principle that the
payment of filing fees cannot be made contingent or dependent on the
result of the case. 1hus, an initial payment of the doc8et fees based on an
estimated amount must be paid simultaneous with the filing of the
complaint. "therwise, the court would stand to lose the filing fees
should the judgment later turn out to be adverse to any claim of the
respondent heirs.
1he matter of payment of doc8et fees is not a mere triviality. 1hese
fees are necessary to defray court e@penses in the handling of cases.
2onseAuently, in order to avoid tremendous losses to the judiciary, and
to the government as well, the payment of doc8et fees cannot be made
dependent on the outcome of the case, e@cept when the claimant is a
pauper=litigant.
*pplied to the instant case, respondents have a specific claim S 1)'
of the value of all the partnership assets S but they did not allege a
specific amount. 1hey did, however, estimate the partnershipXs total
assets to be worth 1hirty Million !esos !'(,(((,(((.((), in a letter &1
addressed to petitioner. +espondents cannot now say that they are unable
to ma8e an estimate, for the said letter and the admissions therein form
part of the records of this case. 1hey cannot avoid paying the initial
doc8et fees by conveniently omitting the said amount in their amended
complaint. 1his estimate can be made the basis for the initial doc8et fees
that respondents should pay. 5ven if it were later established that the
amount proved was less or more than the amount alleged or estimated,
+ule 1#1, Section 0a) of the +ules of 2ourt specifically provides that
the court may refund the e@cess or e@act additional fees should the initial
payment be insufficient. 7t is clear that it is only the difference between
the amount finally awarded and the fees paid upon filing of this
complaint that is subject to adjustment and which may be subjected to a
lien.
7n the oft=Auoted case of Sun 7nsurance "ffice, ,td. v. Don.
Ma@imiano *suncion, && this 2ourt held that when the specific claim
Rhas been left for the determination by the court, the additional filing fee
therefor shall constitute a lien on the judgment and it shall be the
responsibility of the 2ler8 of 2ourt or his duly authoriBed deputy to
enforce said lien and assess and collect the additional fee.R 2learly, the
rules and jurisprudence contemplate the initial payment of filing and
doc8et fees based on the estimated claims of the plaintiff, and it is only
when there is a deficiency that a lien may be constituted on the judgment
award until such additional fee is collected.
-ased on the foregoing, the trial court erred in not dismissing the
complaint outright despite their failure to pay the proper doc8et fees.
?evertheless, as in other procedural rules, it may be liberally construed
in certain cases if only to secure a just and speedy disposition of an
action. Jhile the rule is that the payment of the doc8et fee in the proper
amount should be adhered to, there are certain e@ceptions which must be
strictly construed. &'
7n recent rulings, this 2ourt has rela@ed the strict adherence to the
Manchester doctrine, allowing the plaintiff to pay the proper doc8et fees
within a reasonable time before the e@piration of the applicable
prescriptive or reglementary period. &#
7n the recent case of ?ational Steel 2orp. v. 2ourt of *ppeals, &0 this
2ourt held that:
1he court acAuires jurisdiction over the action if the filing of the
initiatory pleading is accompanied by the payment of the reAuisite fees,
or, if the fees are not paid at the time of the filing of the pleading, as of
the time of full payment of the fees within such reasonable time as the
court may grant, unless, of course, prescription has set in the meantime.
7t does not follow, however, that the trial court should have dismissed
the complaint for failure of private respondent to pay the correct amount
of doc8et fees. *lthough the payment of the proper doc8et fees is a
jurisdictional reAuirement, the trial court may allow the plaintiff in an
action to pay the same within a reasonable time before the e@piration of
the applicable prescriptive or reglementary period. 7f the plaintiff fails to
comply within this reAuirement, the defendant should timely raise the
issue of jurisdiction or else he would be considered in estoppel. 7n the
latter case, the balance between the appropriate doc8et fees and the
amount actually paid by the plaintiff will be considered a lien or any
award he may obtain in his favor. 5mphasis ours)
*ccordingly, the trial court in the case at bar should determine the
proper doc8et fee based on the estimated amount that respondents see8
to collect from petitioner, and direct them to pay the same within a
reasonable time, provided the applicable prescriptive or reglementary
period has not yet e@pired. Eailure to comply therewith, and upon
motion by petitioner, the immediate dismissal of the complaint shall
issue on jurisdictional grounds.
"n the matter of improper venue, we find no error on the part of the
trial court and the 2ourt of *ppeals in holding that the case below is a
personal action which, under the +ules, may be commenced and tried
where the defendant resides or may be found, or where the plaintiffs
reside, at the election of the latter. &/
!etitioner, however, insists that venue was improperly laid since the
action is a real action involving a parcel of land that is located outside
the territorial jurisdiction of the court a Auo. 1his contention is not well=
ta8en. 1he records indubitably show that respondents are as8ing that the
assets of the partnership be accounted for, sold and distributed according
to the agreement of the partners. 1he fact that two of the assets of the
partnership are parcels of land does not materially change the nature of
the action. 7t is an action in personam because it is an action against a
person, namely, petitioner, on the basis of his personal liability. 7t is not
an action in rem where the action is against the thing itself instead of
against the person. &4 Eurthermore, there is no showing that the parcels
of land involved in this case are being disputed. 7n fact, it is only
incidental that part of the assets of the partnership under liAuidation
happen to be parcels of land.
1he time=tested case of 2laridades v. Mercader, et al., &. settled this
issue thus:
1he fact that plaintiff prays for the sale of the assets of the
partnership, including the fishpond in Auestion, did not change the
nature or character of the action, such sale being merely a necessary
incident of the liAuidation of the partnership, which should precede
and)or is part of its process of dissolution.
1he action filed by respondents not only see8s redress against
petitioner. 7t also see8s the enforcement of, and petitionerXs compliance
with, the contract that the partners e@ecuted to formaliBe the
partnershipXs dissolution, as well as to implement the liAuidation and
partition of the partnershipXs assets. 2learly, it is a personal action that, in
effect, claims a debt from petitioner and see8s the performance of a
personal duty on his part. &$ 7n fine, respondentsX complaint see8ing the
liAuidation and partition of the assets of the partnership with damages is
a personal action which may be filed in the proper court where any of
the parties reside. '( -esides, venue has nothing to do with jurisdiction
for venue touches more upon the substance or merits of the case. '1 *s it
is, venue in this case was properly laid and the trial court correctly ruled
so.
JD5+5E"+5, in view of all the foregoing, the instant petition is
<5?75< for lac8 of merit, and the case is +5M*?<5< to the +egional
1rial 2ourt of 2adiB 2ity, -ranch /(, which is "+<5+5< to determine
the proper doc8et fee based on the estimated amount that plaintiffs
therein see8 to collect, and direct said plaintiffs to pay the same within a
reasonable time, provided the applicable prescriptive or reglementary
period has not yet e@pired. 1hereafter, the trial court is "+<5+5< to
conduct the appropriate proceedings in 2ivil 2ase ?o. #1/=2.
2osts against petitioner.
S" "+<5+5<.
<avide, >r., 2 .> ., !uno, 6apunan and !ardo, >> ., concur.
*ccording to the second paragraph, the reservation must be made before
the prosecution starts presenting its evidence and under circumstances
affording the offended party reasonable opportunity.

I*6C,1 !D7,S. vs. 2"C+1 "E *!!5*,S
1$( S2+* '04 1$$()
E*21S: 7n a criminal case, the offended party did not ma8e a
reservation but there is still no trial. Dowever, without ma8ing a
reservation, the offended party filed a civil action. *fter such
filing, the offended party told the court trying the criminal case,
that he has already filed a separate civil case so that the court
will not include anymore the civil aspect.
7SSC5: 7s there a proper filing of the civil action without
ma8ing a reservationO Jas the civil action filed ahead of the
criminal caseO
D5,<: ?". Dowever, there is no Auestion that after filing
the civil case he told the court that he already filed a separate
civil action and that is even a better reservation. 7n effect, there
was an automatic reservation although normally, reservation is
done before the filing of the criminal case.
7n Maniago vs. 2ourt of *ppeals G&0' S2+* /#4H and
-asilio vs. 2ourt of *ppeals. G'&1 S2+* '#1H, an employer
may be sued under *rt. &1.( of the 2ivil 2ode and that the right
to bring the action did not have to be reserved because, having
been instituted before the criminal case against the employer,
constituted an e@press reservation of the right to institute
separately.
F: Das the offended party the right to claim and prove damages in the
criminal action where the complaint or information is silent as to such
claimO
*: 5very person criminally liable is also civilly liable. 1herefore,
even if the complaint or information is silent as to damages, the offended
party has the right to claim and prove them in the criminal case, unless a
waiver or a reservation of the civil action is made. !eople vs.
+odrigueB, >uly &$, 1$0$3 +oa vs. dela 2ruB, Eeb. 1', 1$/()
So it is possible for the information to recite or not the claim for civil
liability. 1he only difference is, if the information mentions the claim of
the civil liability, the offended party is reAuired to pay the doc8et fee
provided the doc8et fee is only for any claims for moral, e@emplary and
nominal damages. 1here is no doc8et fee for actual damages.
F: Suppose there was no mention of any claim for moral or
e@emplary damages, can he still prove them during the trialO
I5S.
-ut he did not pay doc8et feeO
*: ?ever mind, once it is awarded, there is now a lien in the judgment
for the payment of the doc8et fee.
So there is difference in the rule in doc8et fee in civil and criminal
cases. +emember the case of Sun 7nsurance in civil procedureO 7f the
damages was not mentioned in the complaint in the civil case they are
deemed waived. 7f it is mentioned, and the amount is fi@ed you must pay
the doc8et fee at the start of the case though if it is not complete, you are
given the chance to complete the payment or amend the complaint
within reasonable time. 7n criminal cases, even if there is no mention of
damages in the information, you can still prove and claim them as long
as there is no waiver or reservation.
Manchester +ule
:1o put a stop to this irregularity, henceforth all complaints, petitions,
answers and other similar pleadings should specify the amount of
damages being prayed for not only in the body of the pleading but also
in the prayer, and said damages shall be considered in the assessment of
the filing fees. *ny pleading that fails to comply with this reAuirement
shall not be accepted nor admitted, or shall otherwise be e@punged from
the record.9
1he court acAuires jurisdiction over any case only upon the payment
of the prescribed doc8et fee. *n amendment of the complaint or similar
pleading will not thereby vest jurisdiction in the court, much less the
payment of the doc8et fee based on the amount sought in the amended
pleading. Manchester <evelopment 2orp. vs. 2ourt of *ppeals, 1#$
S2+* 0/&)
7n recent rulings, this 2ourt has rela@ed the strict adherence to the
Manchester doctrine, allowing the plaintiff to pay the proper doc8et fees
within a reasonable time before the e@piration of the applicable
prescriptive or reglementary period. &#
7n the recent case of ?ational Steel 2orp. v. 2ourt of *ppeals, &0 this
2ourt held that:
1he court acAuires jurisdiction over the action if the filing of the
initiatory pleading is accompanied by the payment of the reAuisite fees,
or, if the fees are not paid at the time of the filing of the pleading, as of
the time of full payment of the fees within such reasonable time as the
court may grant, unless, of course, prescription has set in the meantime.
7t does not follow, however, that the trial court should have dismissed
the complaint for failure of private respondent to pay the correct amount
of doc8et fees. *lthough the payment of the proper doc8et fees is a
jurisdictional reAuirement, the trial court may allow the plaintiff in an
action to pay the same within a reasonable time before the e@piration of
the applicable prescriptive or reglementary period. 7f the plaintiff fails to
comply within this reAuirement, the defendant should timely raise the
issue of jurisdiction or else he would be considered in estoppel. 7n the
latter case, the balance between the appropriate doc8et fees and the
amount actually paid by the plaintiff will be considered a lien or any
award he may obtain in his favor. 5mphasis ours)
!ayment of Eiling fees 7n 2ase 2ivil *spect is <eemed 7mpliedly
7nstituted 7n the 2riminal *ction:
1he amendments were deliberated on and adopted by this 2ourt after
the Manchester doctrine has been enunciated. Iet, observe that the last
two &) paragraphs prescribe a rule different from that in Manchester,
and in the 1$.0 +ules on 2riminal !rocedure. Cnder the 1$.0 +ules, the
filing fees for the civil action impliedly instituted with the criminal
action had to be paid first to the 2ler8 of 2ourt where the criminal action
was commenced, without regard to whether the claim for such damages
was set out in the information or not. Cnder the 1$.. +ules however, it
is only when the amount of damages, other than the actual, is alleged in
the complaint or information that the corresponding filing fees shall be
paid by the offended party upon the filing thereof in court for trial. 7n
any other case i.e., when the amount of damages other than actual is
?"1 alleged in the information the filing fees for the civil action :to
enforce civil liability against the accused by way of moral, nominal,
temperate, or e@emplary damages @ @ @ shall merely constitute a first
lien on the judgment e@cept in an award for actual damages.9 1his
2ourtLs plain intent to ma8e the Manchester doctrine, reAuiring
payment of filing fees at the time of the commencement of an action
applicable to impliedly instituted civil actions under Sec. 1, +ule 111
only when the complaint or information = = has thus been made manifest
by the language of the amendatory provisions.
7n any event, the 2ourt now ma8es that intent plainer, and in the
interest of clarity and certainty, categorically declares for guidance of all
concerned that when the civil action is deemed impliedly instituted with
the criminal in accordance with Section 1, +ule 111 of the +ules of
2ourt because the offended party has not waived the civil action, or
reserved the right to institute it separately, or instituted the civil action
prior to the criminal action the rule is as follows: 1) when the amount
of the damages, other than actual, is alleged in the complaint or
information filed in court, then the corresponding filing fees shall be
paid by the offended party upon filing thereof in court for trial3 &) in
any other case, however, == i.e. when the amount of damages is not so
alleged in the complaint or information filed in court the corresponding
filing fees need not be paid and shall simply constitute a first lien on the
judgment, e@cept in an award for actual damages. %eneral vs. Don.
2laravall, et al., 1$0 S2+* /&')
So in criminal cases, if the claim for moral or e@emplary damages is
mentioned in the information, you must pay the doc8et fee upon filing of
the information. -ut whether alleged in the information or not, you can
claim for actual damages and there is no doc8et fee for actual damages
e@cept in cases under -! &&. 1hat is the e@ception which is now
embodied in Section 1 paragraph GbH which was ta8e from S2 circular
04=$4 there is no payment of doc8et fee for actual damages e@cept in
criminal cases for violation of -! && because paragraph GbH says:
Cpon filing of the aforesaid joint criminal and civil
actions, the offended party shall pay in full the filing fees
based on the amount of the chec8 involved, which shall be
considered as the actual damages claimed.
S.2. 2ircular ?o. 04=$4
Supreme 2ourt 2ircular ?o. 04=$4 promulgated on
September 1/, 1$$4, sets forth the guidelines in the filing and
prosecution of criminal cases under -! && and shall be
observed in courts:
1) 1he criminal action for violation of -! && shall be
deemed to necessarily include the corresponding civil
action, and no reservation to file such civil action
separately shall be allowed or recogniBed.
&) Cpon the filing of the aforesaid joint criminal and civil
actions, the offended party shall pay in full the fees
based upon the amount of the chec8 involved, which
shall be considered as the actual damages claimed, in
accordance with the schedule of filing fees in Section
4a) and Section [a), +ule 1#1 of the +ules of )court,
as last amended by *dministrative 2ircular ?o. 11=$#
effective *ug. 1, 1$$#. Jhere the offended party
further see8s to enforce against the accused civil
liability by way of liAuidated, moral, nominal,
temperate or e@emplary damages, he shall pay the
corresponding filing fees therefor based on the amount
thereof as alleged either in the complaint of in the
information. 7f not so alleged but any of these damages
are subseAuently awarded by the court, the amount of
such fees shall constitute a first lien on the judgment.
') Jhere the civil action has heretofore been filed
separately and trial thereof has not yet been
commenced, it may be consolidated with the criminal
action upon application with the court trying the latter
case. 7f the application is granted, the trial of both
actions shall proceed in accordance with the pertinent
procedure outlined in Section &a) of +ule 777 governing
the proceedings in the actions as thus consolidated.
#. E@ect of non.pa!ment of docBet fee
(eneral 0. 2lara0all
153 S2)& =23
4arch 22, 1551
En 7anc% -ar0asa, 8.
'acts%
In )i& &7orn &%a%emen% +or liAel# com'lainan% a&Ied +or
ac%al# moral and eGem'lar/ dama(e& in %)e amon% o+ P1>>1.
T)e in+orma%ion# )o7e$er# did no% men%ion %)e amon% o+
dama(e& &o()%# and com'lainan% did no% 'a/ % )e docIe% +ee.
Issue%
I& %)e nonC'a/men% o+ docIe% +ee a Aar %o %)e 'ro&ec%ion o+
%)e ci$il ac%ionJ
9eld%
No. T)e in%en% o+ %)e amendmen% o+ Sec. 1 o+ Rle 111 o+ %)e
Rle& o+ Cor% i& %o maIe %)e 1anc)e&%er Doc%rine# re;irin(
'a/men% o+ !lin( +ee& a% %)e %ime o+ %)e commencemen% o+ an
ac%ion a''licaAle %o im'liedl/ in&%i%%ed ci$il ac%ion& onl/ 7)en
K%)e amon% o+ dama(e&# o%)er %)an ac%al# i& alle(ed in %)e
com'lain% or in+orma%ion.L A& i% no7 &%and&# 7)en a ci$il ac%ion i&
deemed im'liedl/ in&%i%%ed 7i%) %)e criminal in accordance 7i%)
Sec. 1# Rle 111 T Aeca&e %)e oBended 'ar%/ )a& NOT 7ai$ed
%)e ci$il ac%ion# or re&er$ed %)e ri()% %o in&%i%%e i% &e'ara%el/# or
in&%i%%ed %)e ci$il ac%ion 'rior %o %)e criminal ac%ion CCC %)e rle i&
a& +ollo7&M
1. 7)en K%)e amon% o+ dama(e&# o%)er %)an ac%al# i&
alle(ed in %)e com'lain% or in+orma%ionL !led in cor%# %)en K%)e
corre&'ondin( !lin( +ee& &)all Ae 'aid A/ %)e oBended 'ar%/ 'on
%)e !lin( %)ereo+ in cor% +or %rial9 and
". in an/ o%)er ca&e# )o7e$er T i.e. 7)en %)e amon% o+
dama(e& i& no% &o alle(ed in %)e com'lain% or in+orma%ion !led in
cor%# %)e corre&'ondin( !lin( +ee& need no% Ae 'aid and &)all
&im'l/ Kcon&%i%%e a !r&% lien on %)e Ed(men%# eGce'% in an a7ard
+or ac%al dama(e&.L
3. )emed! of o@ended part!
Pere/ 0. 9agono! )ural 7anB
32: S2)& 311
4arch 5, 2666
Second Di0ision% De Heon, 8r., 8.
Issue%
Doe& %)e 'ri$a%e com'lainan% in a criminal ca&e )a$e %)e
le(al 'er&onali%/ %o ;e&%ion %)e di&mi&&al A/ %)e %rial Ed(e o+ %)e
criminal c)ar(e& a(ain&% an acc&ed 'on mo%ion !led A/ %)e
'ro&ec%orJ
9eld%
Ye&. In a &'ecial ci$il ac%ion +or cer%iorari !led nder Sec. 1#
Rle 8- o+ %)e Rle& o+ Cor% 7)erein i% i& alle(ed %)a% %)e %rial
cor% commi%%ed (ra$e aA&e o+ di&cre%ion amon%in( %o lacI o+
Eri&dic%ion or on o%)er Eri&dic%ional (rond&# %)e rle& &%a%e %)a%
%)e 'e%i%ion ma/ Ae !led A/ %)e person aggrieved. In &c) ca&e#
%)e a((rie$ed 'ar%ie& are %)e S%a%e and %)e 'ri$a%e oBended 'ar%/
or com'lainan%. T)e com'lainan% )a& an in%ere&% in %)e ci$il
a&'ec% o+ %)e ca&e &o )e ma/ !le &c) &'ecial ci$il ac%ion
;e&%ionin( %)e deci&ion or ac%ion o+ %)e re&'onden% cor% on
Eri&dic%ional (rond&. In &o doin(# %)e com'lainan% &)old no%
Arin( %)e ac%ion in %)e name o+ %)e Peo'le o+ %)e P)ili''ine&. T)e
ac%ion ma/ Ae 'ro&ec%ed in 2%)e3 name o+ %)e &aid com'lainan%.
=. &ppearance of pri0ate prosecutor
Sarmiento 0. 2&
35# S2)& 313
Decemer 2:, 2662
Second Di0ision% &ustria.4artine/, 8.
Issue%
W)ere a 'ri$a%e 'ro&ec%or en%er& )i& a''earance in a
criminal ca&e A% la%er on 7i%)dra7&# ma/ %)e oBended 'ar%/ Ae
allo7ed %o !le a &e'ara%e ci$il ac%ion i+ %)e acc&ed i& ac;i%%edJ
9eld%
Ye&. T)e a''earance o+ %)e oBended 'ar%/ in %)e criminal
ca&e %)ro() a 'ri$a%e 'ro&ec%or ma/ no% per se Ae con&idered
ei%)er a& an im'lied elec%ion %o )a$e )i& claim +or dama(e&
de%ermined &e'ara%el/. 0e m&% ac%all/ or ac%i$el/ in%er$ene in
%)e criminal 'roceedin(& a& %o lea$e no doA% 7i%) re&'ec% %o )i&
in%en%ion %o 're&& a claim +or dama(e& in %)e &ame ac%ion. In %)e
're&en% ca&e# i% can Ae &aid 7i%) rea&onaAle cer%ain%/ %)a% A/
7i%)dra7al o+ a''earance o+ i%& con&el in %)e earl/ &%a(e o+ %)e
criminal 'roceedin(&# %)e 'ri$a%e com'lainan%# indeed# )ad no
in%en%ion o+ &Ami%%in( i%& claim +or ci$il liaAili%/ a(ain&%
'e%i%ioner& in %)e criminal ac%ion !led a(ain&% %)e la%%er.
=. 2ounterclaim in criminal cases
?o counterclaim, cross=claim or third=party complaint
may be filed by the accused in the criminal case, but any
cause of action which could have been the subject thereof
may be litigated in a separate civil action.
1hatLs the 2abaero case which reversed >avier vs. 7*2, 141 S2+*
'4/) and Shaffer vs. +12, 1/4 S2+* '4/).
Cnder 1D5 present rules, counterclaim, cross=claim, third=party
complaints are now prohibited pleadings. Dowever, these claims may
still be pursued in separate civil action. 1he ordinary rules of 2ivil
!rocedure shall apply. 7n the case of >avier vs. 7*2 141 S2+* '/4)
allowing a counterclaim had been abandoned. *lso the case of Shafer vs.
>udge of +12 of "longapo 2ity 1/4 S2+* '/4) which allowed a third=
party complaint.
4acca! 0. -oela
#3# S2)& 36#
4arch 31, 2663
'irst Di0ision% 2arpio, 8.
Issue%
1a/ a cor% a+%er ac;i%%in( acc&ed o+ %)e crime a7ard a
con%erclaim in )i& +a$orJ
9eld%
No. A cor% %r/in( a criminal ca&e canno% a7ard dama(e& in
+a$or o+ %)e acc&ed. T)e %a&I o+ %)e %rial cor% i& limi%ed %o
de%erminin( %)e (il% o+ %)e acc&ed and i+ 'ro'er# %o de%ermine
)i& ci$il liaAili%/. A criminal ca&e i& no% %)e 'ro'er 'roceedin(& %o
de%ermine %)e 'ri$a%e com'lainan%P& ci$il liaAili%/# i+ an/.
5? -*?2
G%.+. ?o. 1(&$#&. *pril 1., 1$$4.H
*M*<" E. 2*-*5+" and 2*+M5? 2. !5+5M, petitioners, vs.
D"?. *,E+5<" 2. 2*?1"S in his capacity as !residing >udge of the
+egional 1rial 2ourt of Manila, -r. ;77, and 5!7E*?7" 25+*,<5,
respondents.
< 5 2 7 S 7 " ?
!*?%*?7-*?, > p:
May the accused=petitioners who were charged with estafa, file an
answer with counterclaim for moral and e@emplary damages plus
attorneyXs fees and litigation e@penses against the private complainant in
the same criminal actionO
1he "rder of >uly 1, 1$$1, reads:
R1D5 *nswer with 2ounterclaim filed by the accused through
counsel, dated Eebruary 1&, 1$$1, as well as the "pposition thereto3 the
Memorandum filed by the !rivate !rosecutor, in Support of Motion to
5@punge from the +ecords *nd)"r to <ismiss *nswer with
2ounterclaim3 the Supplement3 and 2omment on Supplement, are all
ordered e@punged from the +ecords, considering that this is a criminal
case wherein the civil liability of the acused sic) is impliedly instituted
therein.R ,,jur
!etitioners pleaded for reconsideration 0 of said "rder but respondent
judge, in the "rder of *ugust &1, 1$$1, denied their motion, thus:
1he 7ssue
1he sole issue raised by petitioners is: 1#
RJhether or not the respondent judge committed grave abuse of
discretion, amounting to lac8 or e@cess of jurisdiction in ordering that
the answer with counterclaim of the petitioners in 2riminal 2ase ?o. $(=
..1&/, together with all pleadings filed in relation thereto, be e@punged
from the records.R
!etitioners invo8e Section 1, +ule 111 of the +ules on 2riminal
!rocedure, which provides that unless the offended party waived,
reserved or instituted the civil action prior to the criminal action, the
civil action for recovery of civil liability is impliedly instituted with the
criminal action. 1hey contend that it is not only a right but an Routright
dutyR of the accused to file an answer with counterclaim since failure to
do so shall result in the counterclaim being forever barred.
1he !ayment of Eiling Eees
*nent filing fees, we agree with petitioners that inasmuch as the
counterclaim is compulsory, there is no necessity to pay such fees, as the
+ules do not reAuire them. 1his 2ourt already clarified in Sun 7nsurance
"ffice, ,td. S7",), vs. *suncion &( the instances when doc8et fees are
reAuired to be paid to enable the court to acAuire jurisdiction:
R1. 7t is not simply the filing of the complaint or appropriate
initiatory pleading, but the payment of the prescribed doc8et fee, that
vests a trial court with jurisdiction over the subject=matter or nature of
the action. Jhere the filing of the initiatory pleading is not accompanied
by payment of the doc8et fee, the court may allow payment of the fee
within a reasonable time but in no case beyond the applicable
prescriptive or reglementary period.
&. 1he same rule applies to permissive counterclaims, third=party
claims and similar pleadings, which shall not be considered filed until
and unless the filing fee prescribed therefor is paid. 1he court may also
allow payment of said fee within a reasonable time but also in no case
beyond its applicable prescriptive or reglementary period.R 5mphasis
supplied.)
"bviously, no doc8et fees are reAuired to be paid in connection with
the filing of a compulsory counterclaim.
1he Main 7ssue: !ropriety of
*nswer with 2ounterclaim
7n >avier upon which petitioners anchor their thesis, the 2ourt held
that a counterclaim for malicious prosecution is compulsory in nature3
thus, it should be filed in the criminal case upon the implied institution
of the civil action. cdpr
1he facts in >avier may be summariBed as follows:
,eon S. %utierreB, >r., private respondent therein, was charged with
violation of -! -lg. && before the +egional 1rial 2ourt of Ma8ati. 1he
civil case had not been e@pressly reserved, hence it was impliedly
instituted with the criminal action.
,ater, *ccused %utierreB filed a complaint for damages against
!rivate 2omplainants !etitioners) >aviers before the +egional 1rial
2ourt of 2atarman, ?orthern Samar, wherein he alleged that he had been
merely inveigled by the >aviers into signing the very chec8 that was the
subject of the criminal case.
7n resolving the Auestion of whether he can raise that claim in a
separate civil action for damages filed by him against petitioners therein,
this 2ourt, spea8ing through Mr. >ustice 7sagani *. 2ruB +et.), ruled: &1
R7t was before the Ma8ati court that the private respondent, as
defendant in the criminal charge of violation of -.!. -lg. &&, could
e@plain why he had issued the bouncing chec8. *s the civil action based
on the same act was also deemed filed there, it was also before that same
court that he could offer evidence to refute the claim for damages made
by the petitioners. 1his he should have done in the form of a
counterclaim for damages for his alleged deception by the petitioners. 7n
fact, the counterclaim was compulsory and should have been filed by the
private respondent upon the implied institution of the civil action for
damages in the criminal action.
* counterclaim is compulsory and is considered barred if not set up
where the following circumstances are present: 1) that it arises out of,
or is necessarily connected with the transaction or occurrence that is the
subject matter of the opposing partyXs claim3 &) that it does not reAuire
for its adjudication the presence of third parties of whom the court
cannot acAuire jurisdiction, and ') that the court has jurisdiction to
entertain the claim.
*ll these circumstances are present in the case before the +egional
1rial 2ourt of Ma8ati.
1his being so, it was improper for the private respondent to file his
civil complaint in the +egional 1rial 2ourt of ?orthern Samar alleging
the very defense he should be ma8ing in the +egional 1rial 2ourt of
Ma8ati. 7t is, of course, not possible for him now to invo8e a different
defense there because he would be contradicting his own verified
complaint in the +egional 1rial 2ourt in ?orthern Samar. 7n effect,
therefore, he is arguing that both courts have jurisdiction to consider the
same claim of deception he is ma8ing in connection with the same
transaction and involving the same parties.R 5mphasis supplied.)
7n >avier, the accused maintained in his separate action for damages
that he had been inveigled by the private complainants into signing what
was alleged to be a bouncing chec8. 7n the present case, petitioners
claim in their answer with counterclaim that they never personally
benefited from the allegedly defrauded amount nor did they spend the
same for a purpose other than that agreed upon with !rivate +espondent
2eralde. 1hus, in both cases, the accused see8 recovery of damages for
what they perceive to be malicious prosecution against them.
*s categorically recogniBed in the case of >avier, a claim for
malicious prosecution or Rgrossly unfounded suitR as a compulsory
counterclaim has no appropriate venue other than the same criminal case
which is alleged to be a malicious suit. 1he counterclaim stands on the
same footing and is to be tested by the same rules as if it were an
independent action. && * counterclaim is defined as any claim for money
or other relief which a defending party may have against an opposing
party. &' 2ompulsory counterclaim is one which at the time of suit arises
out of, or is necessarily connected with, the same transaction or
occurrence that is the subject matter of plaintiffXs complaint. &# 7t is
compulsory in the sense that if it is within the jurisdiction of the court,
and does not reAuire for its adjudication the presence of third parties
over whom the court cannot acAuire jurisdiction, it must be set up
therein, and will be barred in the future if not set up. &0
7n justifying his "rder, >udge 2antos ruled that Rthis is a criminal case
wherein the civil liability of the acused sic) is impliedly instituted
therein.R 1his justification begs the Auestion. -asically, that is the reason
why petitioners herein filed their answer with counterclaim for,
apparently, in hiring a private prosecutor, !rivate +espondent 2eralde
intended to prosecute his civil claim together with the criminal action.
Dence, as a protective measure, petitioners filed their counterclaim in
the same case. Since under Section 1, +ule 111 &/ of the +evised +ules
of 2ourt, the civil action which is deemed impliedly instituted with the
criminal action, if not waived or reserved, includes recovery of
indemnity under the +evised !enal 2ode, and damages under *rticle '&,
'', '# and &14/ of the 2ivil 2ode arising from the same act or omission
of the accused, should not the accused have the right to file a
counterclaim in the criminal caseO "bviously, the answer is in the
affirmative, as was held in >avier.
7n ruling that an action for damages for malicious prosecution should
have been filed as a compulsory counterclaim in the criminal action, the
2ourt in >avier sought to avoid multiplicity of suits. 1he 2ourt there
emphasiBed that the civil action for malicious prosecution should have
been filed as a compulsory counterclaim in the criminal action. 1he
filing of a separate civil action for malicious prosecution would have
resulted in the presentation of the same evidence involving similar issues
in two proceedings: the civil action impliedly instituted with the criminal
action, and the separate civil action for damages for malicious
prosecution. prcd
Some +eservations in
the *pplication of >avier
1he logic and cogency of >avier notwithstanding, some reservations
and concerns were voiced out by members of the 2ourt during the
deliberations on the present case. 1hese were engendered by the obvious
lacuna in the +ules of 2ourt, which contains no e@press provision for the
adjudication of a counterclaim in a civil action impliedly instituted in a
criminal case. 1he following problems were noted:
1) Jhile the rules on civil procedure e@pressly recogniBe a
defendantXs entitlement to plead his counterclaim and offer evidence in
support thereof, the rules on criminal procedure which authoriBe the
implied institution of a civil action in a criminal case are, in contrast,
silent on this point and do not provide specific guidelines on how such
counterclaim shall be pursued.
&) * judgment in a criminal action is not reAuired to provide for the
award of a counterclaim. 1hus, Section &, +ule 1&( of the +ules of
2ourt, states:
RS52. &. Eorm and contents of judgment. S
@@@ @@@ @@@
7f it is for conviction, the judgment shall state a) the legal
Aualifications of the offense constituted by the acts committed by the
accused, and the aggravating or mitigating circumstances attending the
commission thereof, if there are any3 b) the participation of the accused
in the commission of the offense whether as principal, accomplice, or
accessory after the fact3 c) the penalty imposed upon the accused3 and
d) the civil liability or damages caused by the wrongful act to be
recovered from the accused by the offended party, if there is any, unless
the enforcement of the civil liability by a separate action has been
reserved or waived.R 5mphasis supplied.)
') *llowing and hearing counterclaims and possibly cross=claims
and third=party complaints) in a criminal action will surely delay the said
action. 1he primary issue in a criminal prosecution that is under the
control of state prosecutors is the guilt of the accused and his civil
liability arising from the same act or omission. '1 5@tending the civil
action arising from the same act or omission to counterclaims, cross=
claims and third=party complaints, and allowing the accused and other
parties to submit evidence of their respective claims will complicate the
disposition of the criminal case.
#) *djudication of compulsory counterclaims and)or related claims or
pleadings logically includes the application of other rules which, by their
very nature, apply only to civil actions. 1he following matters may be
invo8ed in connection with the filing of an answer with a counterclaim:
the genuineness and due e@ecution of an actionable document which are
deemed admitted unless specifically denied under oath3 '& affirmative
defenses li8e res judicata, prescription and statute of frauds which are
deemed waived by failure to interpose them as affirmative defenses in an
answer3 and the failure of a defendant to file an answer seasonably may
result in his default in the civil aspect but not in the criminal. *s a
conseAuence of these matters, the entry of plea during arraignment will
no longer signal joinder of issues in a criminal action.
0) 7n an impliedly instituted civil action, an accused is not sufficiently
apprised of the specific basis of the claims against him. *n accused
learns of the implied institution of a civil action from the contents of an
information. *n information, however, is filed in behalf of the !eople of
the !hilippines. Dence, it does not contain the ultimate facts relating to
the civil liability of the accused. Section /, +ule 11( of the +ules of
2ourt, provides:
RS52. /. Sufficiency of complaint or information. S *
complaint or information is sufficient if it states the name of the accused3
the designation of the offense by the statute3 the acts or omissions
complained of as constituting the offense3 the name of the offended
party3 the appro@imate time of the commission of the offense3 and the
place wherein the offense was committed.R
1he foregoing section does not mandate the inclusion of the ultimate
facts which can be specifically admitted or denied in an answer.
/) -ecause an accused is not sufficiently apprised of the specific basis
of the civil action against him, he may file a motion for bill of particulars
or ta8e advantage of discovery procedures. 1he end result, in any case,
will be delay and complication in the criminal action and even confusion
among the parties.
4) 1he +ules of 2ourt does not specify the rec8oning date for the
filing of an answer in an impliedly instituted civil action. 7n an ordinary
civil action, an answer should be filed within fifteen 10) days from
service of summons. 1he concept of summons, however, is alien to a
criminal action. So, when does the 10=day period beginO
.) Moreover, an accused can file his answer with counterclaim only
after the initial hearing, because the private complainant may still
reserve his civil action at any time before the prosecution commences to
present evidence. '' "n the other hand, an answer in an ordinary civil
action should be filed before the start of hearing, because hearing
commences only after the issues have been joined, i.e., after the
responsive pleadings have been filed. prll
$) 2onfusion in the application of the rules on civil procedure will
certainly encourage litigants to challenge before appellate courts
interlocutory incidents of the impliedly instituted civil action. Jhile
these challenges are pending, the criminal actions that demand speedy
resolution, particularly where the accused is denied bail in capital
offenses, will stagnate. Jitnesses may disappear or lose recollection of
their intended testimony, and the prosecutors may lose momentum and
interest in the case. *nd the accused is effectively deprived of his right
to speedy trial.
1() "n top of the above procedural difficulties, some members of
the 2ourt believe that a cause of action for malicious prosecution may be
premature because there is as yet no finding of such wrongful
prosecution. 1his fact is precisely what the trial court still has to
determine.
-y the foregoing discussion, we do not imply any fault in >avier. 1he
real problem lies in the absence of clear=cut rules governing the
prosecution of impliedly instituted civil actions and the necessary
conseAuences and implications thereof. Eor this reason, the counter=
claim of the accused cannot be tried together with the criminal case
because, as already discussed, it will unnecessarily complicate and
confuse the criminal proceedings. 1hus, the trial court should confine
itself to the criminal aspect and the possible civil liability of the accused
arising out of the crime. 1he counter=claim and cross=claim or third
party complaint, if any) should be set aside or refused cogniBance
without prejudice to their filing in separate proceedings at the proper
time. '#
*t balance, until there are definitive rules of procedure '0 to govern
the institution, prosecution and resolution of the civil aspect and the
conseAuences and implications thereof) impliedly instituted in a criminal
case, trial courts should limit their jurisdiction to the civil liability of the
accused arising from the criminal case.
"n the other hand, this 2ourt is only too well aware that the
antecedent case was filed in the +espondent 2ourt on "ctober 1., 1$$(.
*lthough it has dragged on for more than si@ /) years now, trial has yet
to start because of the herein procedural Auestion raised on certiorari. 7n
view of this, it is to the best interest of the parties that the trial of the
criminal action should now proceed. 1he trial has waited too long3 it is
time to continue and finish it with all reasonable dispatch. 7n fairness to
the accused, he may file separate proceedings to litigate his counterclaim
after the criminal case is terminated and)or in accordance with the new
+ules which may be promulgated as and when they become effective.
JD5+5E"+5, premises considered, the Auestioned "rders dated
>uly 1, 1$$1 and *ugust &1, 1$$1 are hereby M"<7E75<. 1he
counterclaim of the accused is hereby set aside without prejudice. 1he
+espondent +egional 1rial 2ourt of Manila is <7+5215< to proceed
with the trial of the criminal action and the civil action arising from the
criminal offense that is impliedly instituted therein, with all judicious
dispatch. ?o costs.
S" "+<5+5<.
<avide, >r., +omero, -ellosillo, Melo, !uno, MendoBa, Erancisco and
1orres, >r., >> ., concur.
?arvasa, 2 .> . and 6apunan, > ., concur in the result.
Dermosisima, >r., > ., is on leave.
1D7+< <7;7S7"?
G%.+. ?o. .&1#/. >anuary &&, 1$$(.H
5C,"%7" "225?*, petitioner, vs. D"?. !5<+" M. 72*M7?*,
!residing >udge, -ranch P of the +egional 1rial 2ourt, Si@th >udicial
+egion, San >ose, *ntiAue3 1D5 !5"!,5 "E 1D5 !D7,7!!7?5S,
represented by the Donorable !rovincial Eiscal of *ntiAue3 and
2+7S17?* ;5%*E+7*, respondents.
2omelec ,egal *ssistance "ffice for petitioner.
2omelec ,egal *ssistance "fficer for private respondent.
< 5 2 7 S 7 " ?
E5+?*?, 2.> p:
*fter trial, private respondent was convicted of the offense of Slight
"ral <efamation and was sentenced to pay a fine of Eifty !esos !0(.(()
with subsidiary imprisonment in case of insolvency and to pay the costs.
?o damages were awarded to petitioner in view of the trial courtXs
opinion that Rthe facts and circumstances of the case as adduced by the
evidence do not warrant the awarding of moral damages.R 1
1he issues confronting us in the instant petition is whether or not the
decision of the Second Municipal 1rial 2ourt of Sibalom, San=+emigio=
-elison, !rovince of *ntiAue constitutes the final adjudication on the
merits of private respondentXs civil liability3 and whether or not
petitioner is entitled to an award of damages arising from the remar8s
uttered by private respondent and found by the trial court to be
defamatory.
1he decision of the Municipal 2ircuit 1rial 2ourt as affirmed by the
+egional 1rial 2ourt in 2riminal 2ase ?o. 14($ cannot be considered as
a final adjudication on the civil liability of private respondent simply
because said decision has not yet become final due to the timely appeal
filed by petitioner with respect to the civil liability of the accused in said
case. 7t was only the unappealed criminal aspect of the case which has
become final. cdll
7n the case of !eople vs. 2oloma, 1(0 !hil. 1&.4, we categorically
stated that from a judgment convicting the accused, two &) appeals may,
accordingly, be ta8en. 1he accused may see8 a review of said judgment,
as regards both civil and criminal actions3 while the complainant may
appeal with respect only to the civil action, either because the lower
court has refused to award damages or because the award made is
unsatisfactory to him. 1he right of either to appeal or not to appeal in the
event of conviction of the accused is not dependent upon the other. 1hus,
private respondentXs theory that in actively intervening in the criminal
action, petitioner waived his right to appeal from the decision that may
be rendered therein, is incorrect and inaccurate. !etitioner may, as he
did, appeal from the decision on the civil aspect which is deemed
instituted with the criminal action and such appeal, timely ta8en,
prevents the decision on the civil liability from attaining finality.
Je tac8le the second issue by determining the basis of civil liability
arising from crime. 2ivil obligations arising from criminal offenses are
governed by *rticle 1(( of the +evised !enal 2ode which provides that
R5)very person criminally liable for a felony is also civilly liable,R in
relation to *rticle &144 of the 2ivil 2ode on Auasi=delict, the provisions
for independent civil actions in the 2hapter on Duman +elations and the
provisions regulating damages, also found in the 2ivil 2ode.
Cnderlying the legal principle that a person who is criminally liable is
also civilly liable is the view that from the standpoint of its effects, a
crime has dual character: 1) as an offense against the state because of
the disturbance of the social order3 and &) as an offense against the
private person injured by the crime unless it involves the crime of
treason, rebellion, espionage, contempt and others wherein no civil
liability arises on the part of the offender either because there are no
damages to be compensated or there is no private person injured by the
crime. ' 7n the ultimate analysis, what gives rise to the civil liability is
really the obligation of everyone to repair or to ma8e whole the damage
caused to another by reason of his act or omission, whether done
intentionally or negligently and whether or not punishable by law. #
7n the case at bar, private respondent was found guilty of slight oral
defamation and sentenced to a fine of !0(.(( with subsidiary
imprisonment in case of insolvency, but no civil liability arising from the
felonious act of the accused was adjudged. 1his is erroneous. *s a
general rule, a person who is found to be criminally liable offends two
&) entities: the state or society in which he lives and the individual
member of the society or private person who was injured or damaged by
the punishable act or omission. 1he offense of which private respondent
was found guilty is not one of those felonies where no civil liability
results because either there is no offended party or no damage was
caused to a private person. 1here is here an offended party, whose main
contention precisely is that he suffered damages in view of the
defamatory words and statements uttered by private respondent, in the
amount of 1en 1housand !esos !1(,(((.(() as moral damages and the
further sum of 1en 1housand !esos !1(,((() as e@emplary damages.
*rticle &&1$, par. 4) of the 2ivil 2ode allows the recovery of moral
damages in case of libel, slander or any other form of defamation. 1his
provision of law establishes the right of an offended party in a case for
oral defamation to recover from the guilty party damages for injury to
his feelings and reputation. 1he offended party is li8ewise allowed to
recover punitive or e@emplary damages. 2dpr
7t must be remembered that every defamatory imputation is presumed
to be malicious, even if it be true, if no good intention and justifiable
motive for ma8ing it is shown. *nd malice may be inferred from the
style and tone of publication 0 subject to certain e@ceptions which are
not present in the case at bar.
2alling petitioner who was a barangay captain an ignoramus, traitor,
tyrant and >udas is clearly an imputation of defects in petitionerXs
character sufficient to cause him embarrassment and social humiliation.
!etitioner testified to the feelings of shame and anguish he suffered as a
result of the incident complained of. / 7t is patently error for the trial
court to overloo8 this vital piece of evidence and to conclude that the
Rfacts and circumstances of the case as adduced by the evidence do not
warrant the awarding of moral damages.R Daving misapprehended the
facts, the trial courtXs findings with respect thereto is not conclusive upon
us.
Erom the evidence presented, we rule that for the injury to his
feelings and reputation, being a barangay captain, petitioner is entitled to
moral damages in the sum of !0,(((.(( and a further sum of !0,(((.((
as e@emplary damages.
JD5+5E"+5, the petition is hereby %+*?15<. 1he decision of
the +egional 1rial 2ourt is hereby M"<7E75< and private respondent is
ordered to pay petitioner the amount of !0,(((.(( as moral damages and
another !0,(((.(( as e@emplary damages. 2osts against private
respondent. llcd
S" "+<5+5<.
%utierreB, >r., Eeliciano, -idin and 2ortes, >>., concur.
1. Separate ci0il action fled ! accused
2asupanan 0. Haro!a
311 S2)& 21
&ugust 2=, 2662
<hird Di0ision% 2arpio, 8.
'acts%
T7o $e)icle& Am'ed eac) o%)er. T)e dri$er:o7ner o+ %)e
!r&% $e)icle !led a criminal ca&e +or recIle&& im'rdence a(ain&%
%)e dri$er o+ %)e &econd# 7)ile %)e o7ner and %)e dri$er o+ %)e
&econd $e)icle !led a ci$il ca&e +or dama(e& a(ain&% %)e !r&%.
Issue%
Can an acc&ed# 7)o i& no% %)e KoBended 'ar%/#L in a
'endin( criminal ca&e +or recIle&& im'rdence $alidl/ !le#
&iml%aneo&l/ and inde'enden%l/# a &e'ara%e ci$il ac%ion +or
;a&iCdelic% a(ain&% %)e 'ri$a%e com'lainan% in %)e criminal ca&eJ
9eld%
Ye&. T)e acc&ed can !le a ci$il ac%ion +or quasi-delict +or %)e
&ame ac% or omi&&ion )e i& acc&ed o+ in %)e criminal ca&e. T)i& i&
eG're&&l/ allo7ed in Rle 111# Sec. 1485 o+ %)e Rle& o+ Cor%
7)ic) &%a%e& %)a% %)e con%erclaim o+ %)e acc&ed 3ma" be
litigated in a separate civil action.5 T)i& i& onl/ +air +or " rea&on&.
Fir&%# %)e acc&ed i& 'ro)iAi%ed +rom &e%%in( ' an/ con%erclaim
in %)e ci$il a&'ec% %)a% i& deemed in&%i%%ed in %)e criminal ca&e.
T)e acc&ed i& %)ere+ore +orced %o li%i(a%e &e'ara%el/ )i&
con%erclaim a(ain&% %)e oBended 'ar%/. I+ %)e acc&ed doe& no%
!le a &e'ara%e ci$il ac%ion +or quasi-delict, %)e 're&cri'%i$e 'eriod
ma/ &e% in &ince %)e 'eriod con%ine& %o rn n%il %)e ci$il ac%ion
+or quasi-delict i& !led. Second# %)e acc&ed# 7)o i& 're&med
innocen%# )a& a ri()% %o in$oIe Ar%. "1== o+ %)e Ci$il Code# in %)e
&ame 7a/ %)a% %)e oBended 'ar%/ can a$ail o+ %)i& remed/ 7)ic)
i& inde'enden% o+ %)e criminal ac%ion. To di&allo7 %)e acc&ed
+rom !lin( a &e'ara%e ci$il ac%ion +or quasi-delict# 7)ile re+&in( %o
reco(ni6e )i& con%erclaim in %)e criminal ca&e# i& %o den/ )im
de 'roce&& o+ la7# acce&& %o %)e cor%&# and e;al 'ro%ec%ion o+
%)e la7.
7atas Pamansang 7ilang 22
1. )ules in relation to the 2i0il &spect%
1. T)e criminal ac%ion +or $iola%ion o+ <P "" &)all Ae deemed
%o inclde %)e
corre&'ondin( ci$il ac%ion# and
2. Re&er$a%ion %o !le %)e ci$il ac%ion &e'ara%el/ i& no%
allo7ed
2. )ules in relation to DocBet 'ees%
1. &ctual Damages%
%)e oBended 'ar%/ &)all 'a/ in +ll %)e !lin( +ee& Aa&ed on
%)e amon% o+
%)e c)ecI in$ol$ed
2. 4oral, -ominal, <emperate or E*emplar! Damages%
1. I+ %)e amon% i& &'eci!ed in %)e com'lain% or
in+orma%ionM
%)e oBended 'ar%/ &)all 'a/ addi%ional !lin( +ee&
Aa&ed on %)e
amon%& alle(ed %)erein
2. I+ %)e amon%& are no% &o alle(ed A% an/ o+ %)e&e
dama(e& are
&A&e;en%l/ a7arded A/ %)e cor %)e !lin( +ee&
Aa&ed on %)e amon% a7arded &)all con&%i%%e a !r&%
lien on %)e Ed(men%
2onsolidation of 2i0il and 2riminal &ctions
1. )e?uisites for proper consolidation%
1. T)e ci$il ac%ion )a& Aeen !led &e'ara%el/#
2. T)e %rial o+ %)e ci$il ac%ion )a& no% /e% commenced# and
3. T)ere m&% Ae an a''lica%ion +or con&olida%ion 7i%) %)e
cor% %r/in( %)e
criminal ca&e
2. E@ect if application for consolidation is granted%
T)e %rial o+ Ao%) ac%ion& &)all 'roceed in accordance 7i%)
Sec. " (o$ernin( con&olida%ion o+ %)e ci$il and criminal
ac%ion&.
1. )ule with respect to 0iolation of 7P 7lg. 22
a. Diolation of 7P 7lg. 22 and ci0il case
9!att Industrial 0. &sia D!namic
#=3 S2)& #3#
8ul! 25, 2663
Second Di0ision% Puno, 8.
'acts%
0/a%% Ind&%rial !led 7i%) %)e RTC a com'lain% +or reco$er/ o+
&m o+ mone/ a(ain&% A&ia D/namic +or %)e la%%erP& +ailre %o 'a/
$ario& elec%rical condi%& and !%%in(&. A&ia )ad i&&ed c)ecI& %o
co$er %)e 'rc)a&e 'rice A% %)e/ all Aonced. Since 0/a%% )ad
!led criminal ca&e& +or $iola%ion o+ <P ""# A&ia mo$ed %o di&mi&&
%)e com'lain%. T)e RTC denied %)e mo%ion %o di&mi&& )oldin( %)a%
&ince %)e ac% com'lained o+ aro&e +rom %)e alle(ed nonC'a/men%
o+ a con%rac%al deA%# and no% %)e i&&ance o+ c)ecI& 7i%)
in&?cien% +nd&# in accordance 7i%) Ar%. *1 o+ %)e Ci$il Code# %)e
ci$il ac%ion cold 'roceed inde'enden%l/ o+ %)e criminal ac%ion&. I%
&aid %)a% Sec. 12A3 o+ Rle 111 o+ %)e Rle& o+ Criminal Procedre
doe& no% a''l/ %o %)e oAli(a%ion in %)i& ca&e# i% Aein( ex-contractu
and ex-delicto.
Issue%
Con&iderin( %)a% Rle 111# Sec. 12A3 'ro)iAi%& %)e !lin( o+ a
&e'ara%e ci$il ac%ion in <P "" ca&e&# &)old %)e ci$il ca&e Ae
di&mi&&edJ
9eld%
Ye&. U'on !lin( o+ %)e criminal ca&e& +or $iola%ion o+ <P ""#
%)e ci$il ac%ion +or %)e reco$er/ o+ %)e amon% o+ %)e c)ecI& 7a&
al&o im'liedl/ in&%i%%ed nder Rle 111# Sec. 12A3. I% al&o re;ire&
%)e com'lainan% %o 'a/ in +ll %)e !lin( +ee& Aa&ed on %)e amon%
o+ %)e c)ecI in$ol$ed.
T)e incl&ion o+ %)e ci$il ac%ion in %)e criminal ca&e i&
eG'ec%ed %o &i(ni!can%l/ lo7er %)e nmAer o+ ca&e& !led Ae+ore
%)e cor%& +or collec%ion Aa&ed on di&)onored c)ecI&. I% i& al&o
eG'ec%ed %o eG'edi%e %)e di&'o&i%ion o+ %)e&e ca&e&. In&%ead o+
in&%i%%in( " &e'ara%e ca&e&# one +or criminal and ano%)er +or ci$il#
onl/ a &in(le &i% &)all Ae !led and %ried. T)e 'olic/ laid do7n A/
%)e Rle& i& %o di&cora(e %)e &e'ara%e !lin( o+ %)e ci$il ac%ion.
T)e Rle& e$en 'ro)iAi% %)e re&er$a%ion o+ a &e'ara%e ci$il ac%ion#
7)ic) mean& %)a% one can no lon(er !le a &e'ara%e ci$il ca&e a+%er
%)e criminal com'lain% i& !led in cor%. T)e onl/ in&%ance 7)en
&e'ara%e 'roceedin(& are allo7ed i& 7)en %)e ci$il ac%ion i& !led
a)ead o+ %)e criminal ca&e. E$en %)en# %)e Rle& encora(e %)e
con&olida%ion o+ %)e ci$il and criminal ca&e&. In $ie7 o+ %)i& &'ecial
rle (o$ernin( ac%ion& +or $iola%ion o+ <.P. ""# Ar%. *1 o+ %)e Ci$il
Code ci%ed A/ %)e RTC 7ill no% a''l/.
. &ppearance of pri0ate prosecutor in estafa and 7P 7lg.
22
)odrigue/ 0. Ponferrada
#=3 S2)& 331
8ul! 25, 2663
<hird Di0ision% Panganian, 8.
Issue%
1a/ a 'ri$a%e 'ro&ec%or Ae allo7ed %o in%er$ene and
'ar%ici'a%e in estafa ca&e& +or %)e 'r'o&e o+ 'ro&ec%in( %)e
a%%ac)ed ci$il liaAili%/ ari&in( +rom %)e i&&ance o+ %)e c)ecI&
in$ol$ed 7)ic) i& al&o %)e &AEec% ma%er o+ %)e 'endin( <P ""
ca&e&J
9eld%
Ye&. T)e crime& o+ estafa and $iola%ion o+ <P "" are diBeren%
and di&%inc% +rom eac) o%)er. W)a% Rle 111# Sec. 12A3 o+ %)e
Rle& o+ Cor% 'ro)iAi%& i& %)e re&er$a%ion %o !le %)e corre&'ondin(
ci$il ac%ion in a <.P. "" ca&e. T)e +ac% %)a% %)e Rle& do no% allo7
%)e re&er$a%ion o+ ci$il ac%ion& in <.P. "" ca&e& canno% de'ri$e
'ri$a%e com'lainan% o+ %)e ri()% %o 'ro%ec% )er in%ere&%& in %)e
criminal ac%ion +or estafa. No%)in( in %)e crren% la7 or rle& on
<.P. "" $e&%& %)e Eri&dic%ion o+ %)e corre&'ondin( ci$il ca&e
eGcl&i$el/ in %)e cor% %r/in( %)e <.P. "" criminal ca&e. A
reco$er/ A/ %)e oBended 'ar%/ nder one remed/# )o7e$er#
nece&&aril/ Aar& %)a% nder %)e o%)er. OA$io&l/ &%emmin( +rom
%)e +ndamen%al rle a(ain&% nE&% enric)men%# %)i& i& in e&&ence
%)e ra%ionale +or %)e 'ro&cri'%ion in or la7 a(ain&% doAle
reco$er/ +or %)e &ame ac% or omi&&ion.
?ow, ta8e note of the ruling in the case of 2abaero vs. 2antos
mentioned in civil procedure which is now incorporated in the last
paragraph of Section 1, paragraph GaH:
S52. &. Jhen separate civil action is suspended. *fter the
criminal action has been commenced, the separate civil action
arising therefrom cannot be instituted until final judgment has been
entered in the criminal action.
7f the criminal action is filed after the said civil action has already
been instituted, the latter shall be suspended in whatever state it
may be found before judgment on the merits. 1he suspension shall
last until final judgment is rendered in the criminal action.
?evertheless, before judgment on the merits rendered in the civil
action, the same may, upon motion of the offended party, be
consolidated with the criminal action in the court trying the
criminal action. 7n case of consolidation, the evidence already
adduced in the civil action shall be deemed automatically
reproduced in the criminal action without prejudice to the right of
the prosecution to cross=e@amine the witness presented by the
offended party in the criminal case and of the parties to present
additional evidence. 1he consolidated criminal and civil actions
shall be tried and decided jointly.
<uring the pendency of the criminal action, the running
period of prescription of the civil action which cannot be
instituted separately or whose proceeding has been suspended
shall be tolled. n)
1he e@tinction of the penal action does not carry with it
e@tinction of the civil action. Dowever, the civil action based
on delict shall be deemed e@tinguished if there is a finding in
a final judgment in the criminal action that the act or
omission from which the civil liability may arise did not
e@ist. &a)
E@ect of 'iling a 2riminal 2ase when 2i0il &ction has een
)eser0ed
1. If the criminal action was fled &9E&D of the ci0il action%
1. T)e &e'ara%e ci$il ac%ion ari&in( +rom %)e crime CANNOT
Ae in&%i%%ed
n%il !nal Ed(men% )a& Aeen en%ered in %)e criminal ac%ion9
and
2. Drin( %)e 'endenc/ o+ %)e criminal ac%ion# %)e rnnin( o+
%)e
Pre&cri'%i$e 'eriod o+ %)e ci$il ac%ion i& SUSPENDED
2. If the 2riminal &ction is fled &'<E) the ci0il action has
een instituted%
1. T)e ci$il ac%ion &)all Ae &&'ended a% 7)a%e$er &%a(e i%
ma/ Ae +ond
Ae+ore Ed(men% on meri%# n%il !nal Ed(men% i& rendered in
%)e criminal
ac%ion9 A%
2. T)e ci$il ac%ion ma/ Ae con&olida%ed 7i%) %)e criminal
ac%ion in %)e cor% %r/in( %)e criminal ac%ion
)ules in 2ase of 2onsolidation
1. (eneral )ule%
1. T)e e$idence alread/ addced in %)e ci$il ac%ion i&
deemed a%oma%icall/
re'rodced in %)e criminal ac%ion# <UTM
1. T)e 'ro&ec%ion PKQ )a& %)e ri()% %o cro&&CeGamine
7i%ne&&
're&en%ed A/ %)e oBended 'ar%/ in %)e criminal ca&e#
and
2. T)e 'ar%ie& are allo7ed %o 're&en% addi%ional
e$idence
2. T)e con&olida%ed criminal and ci$il ac%ion& &)all Ae %ried
and decided
Eoin%l/
Suppose the offended party made a reservation to institute a civil action
and a criminal case is filed, he cannot file the civil action thatLs the
rule. De must wait for the outcome of the criminal case. 1he criminal
case enjoys priority.
1he reason here is that there might be an embarrassment in the
administration of justice. Iou allowed the filing of the civil and criminal
cases together. Same evidence, same incident. 7n the criminal case, the
accused was convicted but in the civil case the claim for damages was
dismissed because the offended party failed to prove his claim by
preponderance of evidence. 1hat is something absurdV
So the best thing is to try the criminal case first because anyway if
there is an acAuittal in the criminal case, you can still recover in the civil
case because it is only a preponderance of evidence, or the accused may
be acAuitted by reason of an e@empting circumstance and yet it does not
e@empt him from civil liability in another civil action.
1a8e note that what is suspended is the civil action arising from the
criminal act. opening paragraph of Section &3 *rticle 1104, ?ew 2ivil
2ode)
F: Jhat happens if the civil action is filed ahead of the criminal
actionO
*: *ccording to Section &, from the moment the criminal case is
filed, the trial of the civil case is suspended to wait for the outcome of
the criminal case.
F: 7s this prejudicial to the offended partyO
*: 1here is a way out according to Section &. 1he first thing for him
to do is to file a petition to consolidate the trial of the criminal and civil
case for them to be tried together and the evidence already presented in
the civil case is deemed automatically reproduced in the criminal case.
1his is what you call the consolidation of the civil and criminal action
under Section &.
Sec. 1, par. $, +ule 111 of the +ules provides for the consolidation of
the civil action with the criminal action in case trial thereof has not yet
been commenced. 7t states that:
:Jhere the civil action has been filed separately and trial thefreof has
not yet commenced, it may be consolidated with the criminal action
upon the application with the court trying the latter case. 7f the
application is granted, the trial of both actions shall proceed in
accordance with section & of this +ule governing consolidation of the
civil and criminal actions. 2ir. 04 $4)
1his is anchored on the provision of Sec. &&, +ule 11$ of the +evised
+ules on 2riminal !rocedure which provides that:
:Section &&. 2onsolidation of trials of related offenses.= 2harges for
offenses founded on the same facts forming part of the series of offenses
of similar character may be tried jointly at the discretion of the court.9
7f the civil and criminal actgions involve same Auestion of facts and
of law it may be consolidated3 5ffects
7n the case of 2ojuangco vs. 2ourt of *ppeals &(' S2+* /1$),
where the two cases involve common or identical Auestions of fact and
law, and would even have the same witnesses and to avoid multiplicity
of suits, prevent delay, clear congested doc8ets, and save unnecessary
cost and e@penses, and simplify the wor8 of the trial court, the said
criminal case for libel and a separate civil action to enforce the civil
liability arising therefrom may be consolidated for joint trial.
1he effects of this consolidation, would ma8e 1) the evidence
already adduced in the civil action deemed automatically reproduced in
the criminal action3 &) the prosecution has the right to cross e@amine the
witnesses of the accused to be presented in the criminal action3 ') the
parties have the right to present additional evidence3 and #) the cases
shall be tried and decided jointly although maintaining their separate
captions on a single decision.
F: 7s this consolidation mandatoryO
*: ?". 7t is permissive. *ctually, the offended party is the one to
initiate this because if not, then he has to wait for the criminal case to be
terminated before he can file the civil case.
F: Jhat are the instances when the offended party is not allowed to
ma8e a reservation therefore reAuires a mandatory consolidationO
*: 1he following are the instances:
1. ;iolations of -! &&. !aragraph b, Section 1, +ule 111)3
&. ,ibel under *rticle '/(, +!23
'. Mandatory consolidation under the Sandiganbayan law. Eor
e@ample, a criminal case is supposed to be tried by the S- and
then you file a civil case before the ordinary courts. Jhat will
happen now to the civil caseO 1he law says there must be a
mandatory consolidation of both cases in the S-.
F: Jhat happens to the prescriptive period if the filing of the civil
action will have to wait for the outcome of the criminal caseO
*: +ead 'rd paragraph of Section &:
<uring the pendency of the criminal action, the running of
the period of prescription of the civil action which cannot be
instituted separately or whose proceeding has been suspended
shall be tolled. n)
1his was the doctrine in the case of !eople vs. -ayotas.
1here is something new in the &nd paragraph about consolidation.
Jhen the civil case is filed ahead, the filing of the criminal case will
suspend the civil unless there is a petition to consolidate in which case
the evidence presented in the civil case is automatically considered
reproduced in the criminal case. ?ow read this part, third paragraph of
Section &:
:@ @ @ 7n case of consolidation, the evidence already
adduced in the civil action shall be deemed automatically
reproduced in the criminal action without prejudice to the
right of the prosecution to cross=e@amine the witness
presented by the offended party in the criminal case and of
the parties to present additional evidence. @ @ @9
Jhat is new here is the phrase :without prejudice to the right of the
prosecution to cross=e@amine the witnesses presented by the offended
party in the criminal caseW9 7 was wondering, there is something wrong
here. 7 believe there is a typographical error here because the witnesses
of the offended party in the civil case are also the witnesses of the
prosecution in the criminal case. 7 was wondering why will the fiscal
cross=e@amine his witnessesO 7 thin8 the phrase really means :the
witnesses presented by the accused9.
?*%C7*1 vs. 7*2
1/# S2+* 0(0
E*21S: ?aguiat filed a case against a subdivision
development corporation where he bought a lot in installment
basis. Cnder the subdivision law if fully paid, you issue the title.
-ut according to ?aguiat, he had fully paid yet no title was
issued. So he filed a case for specific performance with damages
against the subdivision and he also filed a criminal case against
the president of the corporation for failure to deliver to him the
title of the land under !< $04. ?ow, he filed a motion to
consolidate under +ule 111.
7SSC5: 7s the motion to consolidate properO
D5,<: ?". 1hey cannot be consolidated under +ule 111
because what can be consolidated is a criminal case together
with a civil case for damages from the crime committed. 7n
other words, damages :e@ delicto.9 -ut here, the criminal case
was filed against the officers of the corporation for damages and
a civil case for specific performance was also filed against the
same officers. 1hat civil case arose from a contract, i.e. :e@
contractu.9 GSo if the civil case arose from a contract, it cannot
be consolidated with the criminal case under +ule 111.H
-ut because it cannot be denied that it would be better if we
try them together because we are tal8ing of the same incident
failure to deliver the title why not consolidate the two cases
under +ule '1, citing the case of 2aTos vs. !eralta. 7n that case,
the only ground was there was a common Auestion of fact and
law so they should be consolidated under +ule '1 and ?"1
+ule 111.
1he effects of this consolidation, would ma8e 1) the
evidence already adduced in the civil action be deemed
automatically reproduced in the criminal action3 &) the
prosecution has the right to cross e@amine the witnesses of the
accused to be presented in the criminal action3 ') the parties
have the right to present additional evidence3 and #) the cases
shall be tried and decided jointly although maintaining their
separate captions on a single decision.
1he e@tinction of the penal action does not carry with it
e@tinction of the civil action. Dowever, the civil action based
on delict shall be deemed e@tinguished if there is a finding in
a final judgment in the criminal action that the act or
omission from which the civil liability may arise did not
e@ist. &a) ,ast paragraph, Section &, +ule 111)
E@ects of E*tinction of the 2riminal &ction
1. (eneral )ule%
I% doe& no% ca&e %)e eG%inc%ion o+ %)e ci$il ac%ion
2. E*ception%
T)e ci$il ac%ion Aa&ed on %)e delict &)all Ae deemed
eG%in(i&)ed i+ %)ere i&
a !ndin( in a !nal Ed(men% %)a% %)e ac% or omi&&ion +rom
7)ic) %)e ci$il
liaAili%/ ma/ ari&e did no% eGi&%
3. )emed! of the o@ended part!%
0e:&)e can &%ill !le a ci$il ca&e Aa&ed on OT0ER &orce& o+
oAli(a%ion
1. Suspension of ci0il action
2o"uangco, 8r. 0. 2&
263 S2)& =15
-o0emer 11, 1551
<hird Di0ision% Da0ide, 8r., 8.
Issue%
1a/ a ci$il ac%ion +or dama(e& ari&in( +rom a crime Ae !led
&e'ara%el/ +rom %)e criminal %)e criminal ca&eJ
9eld%
Ye&. A ci$il ac%ion +or %)e reco$er/ o+ dama(e& ari&in( ex-
delicto, ma/ Ae !led &e'ara%el/ +rom %)e criminal ca&e ei%)er
Ae+ore %)e in&%i%%ion o+ %)e la%%er# 7)ic) ma/ Ae done 7i%)o%
re&er$a%ion# or a+%er &c) in&%i%%ion # 'ro$ided# )o7e$er# %)a% a
re&er$a%ion %o %)a% eBec% )a& Aeen made. I+ in %)e mean%ime %)e
criminal ac%ion i& in&%i%%ed# %)e ci$il ac%ion 7)ic) )a& Aeen
re&er$ed canno% Ae commenced n%il !nal Ed(men% )a& Aeen
rendered in %)e +ormer. 0o7e$er# in %)e ca&e& 'ro$ided +or in Ar%.
*"# **# *, and "1=8 o+ %)e Ci$il Code# %)e ci$il ac%ion ma/ Ae !led
e$en a+%er %)e in&%i%%ion o+ %)e criminal ca&e.
2. E@ect of ac?uittal in criminal case
a. &c?uittal with "udgment on ci0il liailit!
Sala/ar 0. People
#11 S2)& 351
Septemer 23, 2663
Second Di0ision% 2alle"o, Sr., 8.
,uestion%
1a/ an acc&ed 7)o i& ac;i%%ed ne$er%)ele&& Ae )eld ci$ill/
liaAleJ
&nswer%
Ye&. T)e ac;i%%al o+ %)e acc&ed doe& no% 're$en% a
Ed(men% a(ain&% )im on %)e ci$il a&'ec% o+ %)e ca&e 7)ereM 2a3
%)e ac;i%%al i& Aa&ed on rea&onaAle doA% a& onl/ 're'onderance
o+ e$idence i& re;iredM 2A3 %)e cor% declared %)a% %)e liaAili%/ o+
%)e acc&ed i& onl/ ci$il9 2c3 %)e ci$il liaAili%/ o+ %)e acc&ed doe&
no% ari&e +rom or i& no% Aa&ed 'on %)e crime o+ 7)ic) %)e
acc&ed 7a& ac;i%%ed. 1oreo$er# %)e ci$il ac%ion Aa&ed on %)e
delict i& eG%in(i&)ed i+ %)ere i& a !ndin( in %)e !nal Ed(men% in
%)e criminal ac%ion %)a% %)e ac% or omi&&ion +rom 7)ic) %)e ci$il
liaAili%/ ma/ ari&e did no% eGi&% or 7)ere %)e acc&ed did no%
commi% %)e ac%& or omi&&ion im'%ed %o )im.
. &ppeal after ac?uittal
4anantan 0. 2&
336 S2)& 31:
8anuar! 25, 2661
Second Di0ision% ,uisuming, 8.
'acts%
Acc&ed 7a& ac;i%%ed o+ recIle&& im'rdence re&l%in( in
)omicide A/ %)e RTC on %)e (rond o+ rea&onaAle doA%. On
a''eal o+ %)e ci$il a&'ec%# )o7e$er# %)e CA ordered )im %o 'a/
P1=,#,>> +or %)e dea%) o+ %)e $ic%im.
Issue%
Did %)e ac;i%%al on %)e (rond o+ rea&onaAle doA% Aar %)e
a7ard o+ ci$il liaAili%/J
9eld%
No. T)e RTC did no% di&con% %)e 'o&&iAili%/ %)a% K%)e
acc&ed 7a& reall/ ne(li(en%.L 0o7e$er# i% +ond %)a% Ka
)/'o%)e&i& incon&i&%en% 7i%) %)e ne(li(ence o+ %)e acc&ed
're&en%ed i%&el+ Ae+ore %)e Cor%L and &ince &aid K)/'o%)e&i& i&
con&i&%en% 7i%) %)e record# %)e Cor%P& mind canno% r&% on a
$erdic% o+ con$ic%ion.L E$en i+ %)e (il% o+ %)e acc&ed )a& no%
Aeen &a%i&+ac%oril/ e&%aAli&)ed# )e i& no% eGem'% +rom ci$il liaAili%/
7)ic) ma/ Ae 'ro$ed A/ 're'onderance o+ e$idence onl/. 0ence#
no%7i%)&%andin( )i& ac;i%%al# %)e CA 7a& no% 'reclded +rom
looIin( in%o %)e ;e&%ion o+ )i& ne(li(ence or recIle&&
im'rdence.
c. 'iling of ci0il case after ac?uittal
7onite 0. Gosa
1=2 S2)& 1:3
8une 26, 1511
Second Di0ision% Padilla, 8.
'acts%
T)e RTC rendered a deci&ion ac;i%%in( acc&ed +or 0omicide
%)ro() RecIle&& Im'rdence +or +ailre o+ %)e 'ro&ec%ion %o
'ro$e )i& (il% Ae/ond rea&onaAle doA%. De&'i%e ac%i$el/
'ar%ici'a%in( in %)e criminal ca&e# 'lain%iB& !led a ci$il ac%ion +or
dama(e& a(ain&% acc&ed +or %)e dea%) o+ %)e $ic%im.
Issue%
I& %)e ci$il ac%ion Aarred A/ res adIudicateJ
9eld%
No. W)en %)e acc&ed in a criminal ca&e i& ac;i%%ed on %)e
(rond %)a% )i& (il% )a& no% Aeen 'ro$ed Ae/ond rea&onaAle
doA%# a ci$il ac%ion +or dama(e& +or %)e &ame ac% or omi&&ion
ma/ &%ill Ae in&%i%%ed a(ain&% )im# and onl/ a 're'onderance o+
e$idence i& re;ired %o )old %)e acc&ed liaAle. T)e ci$il liaAili%/ i&
no% eG%in(i&)ed A/ ac;i%%al o+ %)e acc&ed# 7)ere %)e ac;i%%al
i& Aa&ed on rea&onaAle doA%. In %)i& ca&e# %)e criminal com'lain%
+or )omicide %)ro() recIle&& im'rdence 7a& di&mi&&ed on %)e
(rond %)a% %)e (il% o+ %)e acc&ed 7a& no% 'ro$ed Ae/ond
rea&onaAle doA%. Clearl/# 'lain%iB& )a$e %)e ri()% %o !le an
inde'enden% ci$il ac%ion +or dama(e&# %)e ac;i%%al o+ %)e acc&ed
in %)e criminal ca&e no%7i%)&%andin(.
3. Dismissal during preliminar! in0estigation
7unag, 8r. 0. 2&
211 S2)& ##6
8ul! 16, 1552
Second Di0ision% )egalado, 8.
Issue%
Doe& %)e di&mi&&al o+ a com'lain% +or ForciAle AAdc%ion 7i%)
Ra'e A/ %)e 'ro&ec%or drin( 'reliminar/ in$e&%i(a%ion Aar a ci$il
ac%ion +or dama(e& +or %)e &ame ac%J
9eld%
No. T)e di&mi&&al o+ %)e com'lain% +or +orciAle aAdc%ion 7i%)
ra'e 7a& A/ mere re&ol%ion o+ %)e 'ro&ec%or a% %)e 'reliminar/
in$e&%i(a%ion &%a(e. T)ere i& no declara%ion in a !nal Ed(men%
%)a% %)e +ac% +rom 7)ic) %)e ci$il ca&e mi()% ari&e did no% eGi&%.
Con&e;en%l/# %)e di&mi&&al did no% in an/ 7a/ aBec% %)e ri()% o+
com'lainan% %o in&%i%%e a ci$il ac%ion ari&in( +rom %)e oBen&e
Aeca&e &c) 'reliminar/ di&mi&&al o+ %)e 'enal ac%ion did no%
carr/ 7i%) i% %)e eG%inc%ion o+ %)e ci$il ac%ion. T)e rea&on mo&%
o+%en (i$en +or %)i& )oldin( i& %)a% %)e " 'roceedin(& in$ol$ed are
no% Ae%7een %)e &ame 'ar%ie&. Fr%)ermore# i% )a& lon( Aeen
em')a&i6ed# 7i%) con%inin( $alidi%/ ' %o no7# %)a% %)ere are
diBeren% rle& a& %o %)e com'e%enc/ o+ 7i%ne&&e& and %)e
;an%m o+ e$idence in criminal and ci$il 'roceedin(&.
7n !eople vs. +oy !adilla, 1&$ S2+* 00., it was held that the acAuittal
of the accused does not necessarily e@empt him from civil liability. De
may be acAuitted but he may still be adjudged civilly liable.
Dowever, under Section &, last paragraph of +ule 111, where in case
of a civil action based on delict or crime, the civil action is deemed
e@tinguished, if there is a finding in the judgment in the criminal action
that the act or omission from which the civil liability may arise did not
e@ist.
Moreover, there are victimless crimes li8e illegal possession of
firearm etc.
*cAuittal does not include civil liability:
1he acAuittal of the accused does not prevent a judgment against him
on the civil aspect of the case where a) the acAuittal is based on
reasonable doubt as only preponderance of evidence is reAuired3 b)
where the court declared that the liability of the accused is only civil3
and c) where the civil liability of the accused does not arise from or is
not based upon the crime of which the accused was acAuitted. SalaBar
vs. !eople, #11 S2+* 0$. G&(('H
+ight to *ppeal the 2ivil *spect:
Jhile the prosecution cannot appeal from judgment of acAuittal as it
would place the accused in double jeopardy, the aggrieved party, the
offended party or the accused or both may appeal from the judgment on
the civil aspect of the case within the period therefore. 7bid)
7t is now emphasiBed in the new rules :however, the civil action
based on delict shall be deemed e@tinguished if there is a finding in a
final judgment in the criminal action that the act or omission from which
the civil liability may arise did not e@ist.9 1his means that if the accused
is acAuitted based on reasonable doubt, there could still be civil liability
arising from the crime or when the accused is acAuitted based on an
e@empting circumstance. -ut when the accused is acAuitted on the
ground that the act or omission from which the civil liability may arise
did not e@ist, that is the end of the civil liability arising from a crime.
F: Dowever, if 7 file an action based on Auasi=delict, can it prosperO
*: I5S, because it is now established that the action based on delict
is e@tinguished but not on Auasi=delict, a contract, or other sources of
obligation. 1his is the ruling in the case of -ayotas in criminal law
that, for e@ample, once the accused dies, the civil liability arising from
crime is already e@tinguished but you can still file a case against the
estate of the deceased accused provided you can find another source of
the obligation. 1his ruling was emphasiBed in the 1$$. case of
S*,*" vs. 2"C+1 "E *!!5*,S
&.# S2+* #$', >anuary &&, 1$$.
D5,<: 1he civil liability referred to in this +ule is the civil
liability arising from crime e@ delicto). 7t is not the civil
liability for Auasi=delict which is allowed to be brought
:separately and independently9 of the criminal action by *rt. ''
of the 2ivil 2ode. 1he civil liability based on such cause of
action is not e@tinguished even by a declaration in the criminal
case that the criminal act charged has not happened or has not
been committed by the accused. 7ndeed, because the offended
party does not intervene in the criminal prosecution, it is
entirely possible that all the witnesses presented in the civil
action may not have been presented by the public prosecutor in
the criminal action with the result that the accused in the
criminal case may be acAuitted.
So remember ha, in the case of Salao the offended party has no
intervention in the criminal case. De does not 8now how the public
prosecutor handled the case, ba8a ang testigo 8ulang 8aya na=acAuit. So
paano a8o offended party)O 7 will file my own civil case and maybe 7
will use Auasi=delict as the basis and no longer the delict.
1hese are the complicated portion of this rule. *s a matter of fact,
there are Aueer cases decided by the S2 even before the new rules li8e
the 1$.4 case of
+CE" M*C+727" 2"?S1+C217"? vs. 7*2
?ovember &4, 1$.4
E*21S: * driver of the construction company collided with a
car, 8illing the owner. Jhat was filed was a criminal case
against the driver. ?o reservation was made. 1herefore the civil
liability arising from the crime is already instituted. 1he driver
was convicted. "n appeal, the driver died.
7SSC5: Jhat will happen to the civil liability arising from
the crimeO 2an you enforce it against the employer based on
*rticle 1(', +!2 on subsidiary liabilityO
D5,<: ?", because there was no final judgment of
conviction yet. 1here must be a judgment of conviction against
the employee3 it must be final3 he must be proven insolvent. -ut
the trouble is he died. So you cannot enforce the subsidiary
liability of the employer.
Dowever, if this was Auasi=delict, you can file a direct action
against the employer because in Auasi=delict, the liability of the
employer is primary, not subsidiary. 1he S2 treated the case as
an action for Auasi=delict against the employer but that is unfair
for the employer because he never participated in the trial of the
civil case. *ccording to the S2, we will put it bac8 and now you
will cross=e@amine them <ean 7: *noLng 8laseng procedure
itoOV). 1his is what the S2 said:
:1he death of the accused during the pendency of his appeal
or before the judgment of conviction became final and
e@ecutory e@tinguished his criminal liability but not his civil
liability should the liability or obligation arise not from a crime
but from a Auasi=delict. 1he liability of the employer here would
not be subsidiary but solidary with his driver unless said
employer can prove there was no negligence on his part at all,
that is, if he can prove due diligence in the selection and
supervision of his driver.9
:7nasmuch as the employer was not a party in the criminal
case, and to grant him his day in court for the purpose of cross=
e@amining the prosecution witnesses on their testimonies on the
driverXs alleged negligence and the amount of damages to which
the heirs of the victim are entitled, as well as to introduce any
evidence or witnesses he may care to present in his defense, the
hearing on the motion to Auash the subsidiary writ of e@ecution
must be reopened precisely for the purpose adverted to
hereinabove.9
1his is the only instance that the criminal case against a driver ended up
as a case for Auasi=delict against the employer.
S52. '. Jhen civil action may proceed independently. 7n the
cases provided in *rticles '&, '', '# and &14/ of the 2ivil 2ode of
the !hilippines, the independent civil action may be brought by the
offended party. 7t shall proceed independently of the criminal
action and shall reAuire only a preponderance of evidence. 7n no
case, however, may the offended party recover damages twice for
the same act or omission charged in the criminal action. 'a)
Independent 2i0il &ction
1. When a ci0il action ma! e rought independentl! !
the o@ended part! + In ca&e& 'ro$ided in %)e +ollo7in(
'ro$i&ion& o+ %)e Ne7 Ci$il CodeM
1. Ar%. *" T +or dama(e& +or $iola%ion o+ Con&%i%%ional ri()%&
2. Ar%. ** T +or de+ama%ion# +rad and ')/&ical inErie&
3. Ar%. *, T +or +ailre o+ a 'olice o?cer %o render a&&i&%ance
%o a 'er&on in
ca&e o+ dan(er %o li+e or 'ro'er%/
#. Ar%. "1=8 T +or quasi delict or oAli(a%ion& ari&in( +rom
culpa aquiliana
2. )ules%
1. T)e ci$il ac%ion &)allM
1. Proceed inde'enden%l/ o+ %)e criminal ac%ion# and
2. Re;ire onl/ a 're'onderance o+ e$idence.
2. T)e oBended 'ar%/ canno% reco$er dama(e& more %)an
once +or %)e
&ame ac% or omi&&ion c)ar(ed in %)e criminal ac%ion.
1. 2onse?uences of amendment
Philippine )ait 0. People
#2: S2)& #3=
&pril 1#, 266#
'irst Di0ision% Panganian, 8.
,uestion%
W)a% are %)e con&e;ence& o+ %)e amendmen%& in%rodced
in %)e ">>> Rle& o+ Criminal Procedre re(ardin( 'ro&ec%ion o+
inde'enden% ci$il ac%ion&J
&nswer%
T)e ">>> Rle& dele%ed %)e re;iremen% o+ re&er$in(
inde'enden% ci$il ac%ion& and allo7ed %)e&e %o 'roceed &e'ara%el/
+rom criminal ac%ion&. T)&# %)e ci$il ac%ion& re+erred %o in Ar%. *"#
**# *, and "1=8 o+ %)e Ci$il Code &)all remain K&e'ara%e# di&%inc%
and inde'enden%L o+ an/ criminal 'ro&ec%ion Aa&ed on %)e &ame
ac%. 0ere are &ome direc% con&e;ence& o+ &c) re$i&ion and
omi&&ionM
1. T)e ri()% %o Arin( %)e +ore(oin( ac%ion& Aa&ed on %)e
Ci$il Code need no% Ae re&er$ed in %)e criminal 'ro&ec%ion# &ince
%)e/ are no% deemed inclded %)erein9
". T)e in&%i%%ion or %)e 7ai$er o+ %)e ri()% %o !le a
&e'ara%e ci$il ac%ion ari&in( +rom %)e crime c)ar(ed doe& no%
eG%in(i&) %)e ri()% %o Arin( &c) ac%ion9 and
*. T)e onl/ limi%a%ion i& %)a% %)e oBended 'ar%/ canno%
reco$er more %)an once +or %)e &ame ac% or omi&&ion.
2. &ction ased on ?uasi.delict
7ermude/ 0. 4elencio.9errera
131 S2)& 1=1
'eruar! 2=, 1511
Second Di0ision% >ap, 2.8.
'acts%
A+%er %)e 'ro&ec%or !led a ca&e +or recIle&& im'rdence
re&l%in( in )omicide# %)e oBended 'ar%/ !led a KRe&er$a%ion %o
File Se'ara%e Ci$il Ac%ion.L T)erea+%er# )e !led a ci$il ac%ion +or
dama(e& a(ain&% %)e dri$er and )i& em'lo/er. Findin( %)a% %)e
oBended 'ar%/ in&%i%%ed %)e ac%ion Kon %)e a&&m'%ion %)a%
Pon%inoP& ne(li(ence in %)e acciden% con&%i%%ed a ;a&iCdelic%#L
%)e %rial cor% &%a%ed %)a% %)e oBended 'ar%/ )ad alread/ elec%ed
%o %rea% %)e acciden% a& a KcrimeL A/ re&er$in( in %)e criminal
ca&e )i& ri()% %o !le a &e'ara%e ci$il ac%ion. T)a% Aein( &o# %)e %rial
cor% decided %o &&'end %)e )earin( o+ %)e ci$il ca&e a(ain&%
Pon%ino n%il a+%er %)e criminal ca&e +or 0omicide %)ro()
RecIle&& Im'rdence i& !nall/ %ermina%ed.
Issue%
I& %)e ci$il ac%ion !led A/ oBended 'ar%/ +onded on a crime
or ;a&iCdelic%J
9eld%
In ca&e& o+ ne(li(ence# %)e inEred 'ar%/ )a& %)e c)oice
Ae%7een an ac%ion %o en+orce %)e ci$il liaAili%/ ari&in( +rom crime
nder Ar%. 1>> o+ %)e RPC and an ac%ion +or quasi-delict nder Ar%.
"1=8C"1F, o+ %)e Ci$il Code.
0ere# %)e ac%ion !led A/ oBended 'ar%/ 7a& an ac%ion +or
dama(e& Aa&ed on quasi-delict. T)e +ac% %)a% )e re&er$ed )i& ri()%
in %)e criminal ca&e %o !le an inde'enden% ci$il ac%ion did no%
'reclde )im +rom c)oo&in( %o !le a ci$il ac%ion +or quasi-delict.
T)e oBended 'ar%/ 'reci&el/ made a re&er$a%ion %o !le an
inde'enden% ci$il ac%ion in accordance 7i%) Sec. " o+ Rle 111#
Rle& o+ Cor%. In +ac%# e$en 7i%)o% &c) a re&er$a%ion# inEred
'ar%/ in %)e criminal ca&e 7)ic) re&l%ed in %)e ac;i%%al o+ %)e
acc&ed i& allo7ed %o reco$er dama(e& Aa&ed on quasi-delict.
3. 2onsolidation in liel
2on"uangco, 8r. 0. 2&
263 S2)& =15
-o0emer 11, 1551
<hird Di0ision% Da0ide, 8r., 8.
Issue%
1a/ a criminal ca&e +or liAel and an inde'enden% ci$il ac%ion
+or dama(e& ari&in( %)ere+rom 'endin( in diBeren% Aranc)e& o+
%)e &ame cor%# !led 'r&an% %o Ar%. **# Ci$il Code# Ae
con&olida%ed +or Eoin% %rialJ
9eld%
Ye&. An inde'enden% ci$il ac%ion +or %)e reco$er/ o+ ci$il
liaAili%/# a%)ori6ed nder Ar%. *"# **# *, or "1=8 o+ %)e Ci$il
Code# !led Ae+ore %)e in&%i%%ion o+ %)e criminal ca&e# ma/ Ae
con&olida%ed 7i%) %)e la%%er# &AEec% %o %)e condi%ion %)a% no !nal
Ed(men% )a& Aeen rendered in %)e criminal ca&e. I+ %)i& i&
'ermi%%ed# %)ere i& no rea&on 7)/# (i$en %)e eGi&%ence o+ %)e
condi%ion# an inde'enden% ci$il ac%ion !led a+%er %)e in&%i%%ion o+
%)e criminal ca&e# ma/ no% Ae con&olida%ed 7i%) %)e la%%er.
#. Specifc crimes
a. )eco0er! of a sum of mone! and estafa
7ordador 0. Hu/
213 S2)& 3:#
Decemer 13, 155:
Second Di0ision% )egalado, 8.
'acts%
For +ailre %o remi% %)e 'roceed& o+ %)e Ee7elr/ 7)ic) %)e/
&old# %)e &'o&e& L6 7ere &ed +or reco$er/ o+ a &m o+ mone/.
For /ear& la%er# %)e/ 7ere c)ar(ed criminall/ 7i%) estafa +or %)e
&ame %ran&ac%ion Ae+ore ano%)er <ranc) o+ %)e RTC. A demrrer %o
e$idence %)a% %)e/ !led in %)e criminal ca&e 7a& denied A/ %)e
RTC. A& %o %)e ci$il ca&e# %)e CA aA&ol$ed %)e &'o&e& L6 o+ an/
liaAili%/.
Issue%
S)old %)e CA )a$e a7ai%ed %)e o%come in %)e criminal
ca&e Ae+ore 'roml(a%in( i%& deci&ion %o a$oid a 'o&&iAle conNic%
o+ deci&ion in %)e criminal ca&eJ
9eld%
No. Ar%. ** o+ %)e Ci$il Code 'ro$ide& %)a% in ca&e& in$ol$in(
alle(ed +radlen% ac%&# a ci$il ac%ion +or dama(e&# en%irel/
&e'ara%e and di&%inc% +rom %)e criminal ac%ion# ma/ Ae Aro()% A/
%)e inEred 'ar%/. Sc) ci$il ac%ion &)all 'roceed inde'enden%l/ o+
%)e criminal 'ro&ec%ion and &)all re;ire onl/ a 're'onderance
o+ e$idence. T)i& ci$il ca&e ma/ 'roceed inde'enden%l/ o+ %)e
criminal ca&e e&'eciall/ Aeca&e 7)ile Ao%) ca&e& are Aa&ed on
%)e &ame +ac%&# %)e ;an%m o+ 'roo+ re;ired +or )oldin( %)e
'ar%ie& liaAle %)erein diBer. T)&# i% i& im'ro$iden% %o claim %)a%
%)e deci&ion and re&ol%ion o+ %)e CA in %)e ci$il ca&e 7old Ae
'reem'%i$e o+ %)e o%come o+ %)e criminal ca&e. T)e +ancied +ear
o+ 'o&&iAle conNic% Ae%7een %)e di&'o&i%ion o+ %)i& ci$il ca&e and
%)e o%come o+ %)e 'endin( criminal ca&e i& ill&or/.
. Hegal separation and concuinage
(andionico 0. Penaranda
133 S2)& :23
-o0emer 2:, 151:
Second Di0ision% Padilla, 8.
Issue%
1a/ a com'lain% +or le(al &e'ara%ion# on %)e (rond o+
concAina(e# 7i%) a 'e%i%ion +or &''or% and 'a/men% o+ dama(e&
'roceed &iml%aneo&l/ 7i%) a criminal ca&e +or concAina(eJ
9eld%
Ye&. Under Sec. *# Rle 111 o+ %)e Rle& on Criminal
Procedre# a ci$il ac%ion +or le(al &e'ara%ion# Aa&ed on
concAina(e# ma/ 'roceed a)ead o+# or &iml%aneo&l/ 7i%)# a
criminal ac%ion +or concAina(e# Aeca&e &aid ci$il ac%ion i& no%
one K%o en+orce %)e ci$il liaAili%/ ari&in( +rom %)e oBen&eL e$en i+
Ao%) %)e ci$il and criminal ac%ion& ari&e +rom or are rela%ed %o %)e
&ame oBen&e. Sc) ci$il ac%ion i& one in%ended %o oA%ain %)e ri()%
%o li$e &e'ara%el/# 7i%) %)e le(al con&e;ence& %)ereo+# &c) a&#
%)e di&&ol%ion o+ %)e conE(al 'ar%ner&)i' o+ (ain&# c&%od/ o+
oB&'rin(# &''or%# and di&;ali!ca%ion +rom in)eri%in( +rom %)e
innocen% &'o&e# amon( o%)er&. A decree o+ le(al &e'ara%ion# on
%)e (rond o+ concAina(e# ma/ Ae i&&ed 'on 'roo+ A/
're'onderance o+ e$idence in %)e ac%ion +or le(al &e'ara%ion. No
criminal 'roceedin( or con$ic%ion i& nece&&ar/.
,etLs go bac8 to basic rules.
F: Jhich ta8es precedence when there is reservation, the criminal or
the civil actionO
*: 1he criminal action ta8es precedence. 1he filing of the criminal
suspends the filing of the civil action. 7f the civil action is filed, the civil
action is deemed suspended unless there would be consolidation.
?ow, the rule about the filing of the criminal action will suspend the
filing of the civil action, and the rule about the subseAuent filing of the
criminal action will suspend the trial of the civil case, however, <"5S
?"1 apply if the civil action is classified as an independent civil action
under Section '. 1his is another important provision.
F: Jhat are the independent civil actions under the lawO
*: 1hey are those covered by *rticles '&, '', '#, and &14/ of the
?ew 2ivil 2ode.
1a8e note that you have to 8now what is *rticle '&, '', '#, &14/. 7t is
not enough that you memoriBe the articles. Jhat is *rticle '& all aboutO
Jhat 8ind of civil action is referred theretoO "r what is the civil action
referred to in *rticle '#O *rticle '' is the most famousW when the civil
action is defamation, fraud and physical injuries.
,iability under the !enal 2ode different from liability under art. &114
of the 2ivil 2ode3 <ouble recovery not allowed
Cnder *rt. &114 ?ew 2ivil 2ode) :+esponisbility for fault or
negligence under the preceding article is entirely separate and distinct
from the civil liability arising from negligence under the !enal 2ode.
-ut the plaintiff cannot recover damages twice for the same act or
omission of the defendant,9 it may also be in the case of !adua vs.
+obles G// S2+* #.0H, the independent civil action may be pursued
against the same person who is the accused in the criminal case,
nevertheless, if the accused lost in both cases, the winning offended
party cannot recover damages gtwice from the defendant based on the
same act or omission charged in the criminal action.
7ndependent civil actions under *rticles '&, '', '# and &14/ of the
?ew 2ivil 2ode
1he independent civil actions are those provided in *rticles '&, '', '#
and &14/ of the ?ew 2ivil 2ode
:*rt. '&. *ny public officer or employee, or any private individual,
who directly or indirectly obstructs, defeats, violates or in any manner
impedes or impairs any of the following rights and liberties of another
person shall be liable to the latter for damages:
1) Ereedom of religion3
&) Ereedom of speech3
') Ereedom to write for the press or to maintain periodical
publication3
#) Ereedom from arbitrary or illegal detention3
0) Ereedom from suffrage3
/) 1he right against deprivation of property without due process of
law3
4) 1he right to just compensation when private property is ta8en for
public use3
.) 1he right to the eAual protection of the laws3
$) 1he right to be secure in oneLs person, house, papers, and effects
against unreasonable searches and seiBures3
1() 1he liberty of abode and of changing the same3
11) 1he privacy of commincation and correspondence
1&) 1he right to become a member of associations or societies for
purposes not contrary to law3
1') 1he right to ta8e part in a peaceable assembly to petition the
%overnment for redress of grievances3
1#) 1he right to be free from involuntary servitude in any form3
10) 1he right of the accused against e@cessive bail
1/) 1he right of the accused to be heard by himself and counsel,
to be informed of the nature and cause of the accusation against
him, to have a speedy and public trial, to meet the wites face to
face, and to have compulsory process to secure the attendance of
witness in his behalf3
14) Ereedom from being compelled to be a witness against oneLs
self, or from being forced to confess guilt, or from being induced
by a promise of immunity or reward to ma8e such confession
e@cept when the person confessing becomes a State witness3
1.) Ereedom from e@cessive fines, cruel and unusual punishment,
unless the same is imposed or inflicted in accordance with a statute
which has not been judicially declared unconstitutional3 and
1$) Ereedom of access to the courts.
7n any of the cases referred to in this article, whether or not the
defendantLs act or omission constitutes a criminal offense, the
aggrieved party has a right to commence an entirely separate and
distinct civil action for damages, and for other relief. Such civil
action shall proceed independently of any criminal prosecution if
the latter be instituted), and may be proved by a preponderance of
evidence.
1he indemnity shall include moral damages. 5@emplary damages
may also be adjudicated.
1he responsibility herein set forth is not demandable from a judge
unless his act or omission constitute a violation of the !enal 2ode
or other oenal statute.
:*rt. ''. 7n cases of defamation, fraud, and physical injuries, a
civil action for damages, entirely separate and distinct from the
criminal action, may be brought by the injured party. Such civil
action shall proceed independently of the criminal prosecution, and
shall reAuire only preponderance of evidence.
*rt. '#. Jhen a member of a city or municipal police force refuses
or fails to render aid or protection to any person in case of danger
to life or property, such peace officer shall be primarily liable for
damages, and the city or municipality shall be subsidiarily
responsible therefore. 1he civil action herein recogniBed shall be
independent of any criminal proceedings, and a preponderance of
evidence shall suffice to support such action.
*rt. &14/. Jhoever by act or omission causes damages to another,
there being fault or negligence, is obliged to pay for the damage
done. Such fault or negligence, if there is no pre=e@isting
contractual relation between the parties, is called a Auasi=delict and
is governed by the provisions of this 2hapter.
*rt. &144 supra)
,imitations on the recovery of civil liability under *rt. &144:
Jhile the independent civil action may be pursued against the
same person who is the accused in the criminal case, nevertheless,
if the accused lost in both cases, the winning offended party c
annot recover damages twice from the defendant based on the
same act or omission charged in the criminal action. 1his principle
is based on *rt. &144 of the ?ew 2ivil 2ode. !adua vs. +obles, //
S2+* #.0)
7t is clear that the &((( +ules deleted the reAuirement of reserving
independent civil actions and allowed these to proceed separately from
criminal actions. 1hus, the civil actions referred to in *rticles '&, ''. '#,
and &14/ of the 2ivil 2ode shall remain :separate, distinct, and
independent9 of any criminal prosecution based on the same act. Dere
are some direct conseAuences of such revision and omission:
1. 1he right to bring the foregoing actions based on the 2ivil 2ode
need not be reserved in the criminal prosecution since they are not
deemed included therein.
&. 1he institution or the waiver of the right to file a separate civil
action arising from the crime charged does not e@tinguish the right
to bring such action.
'. 1he only limitation is that the offended party cannot recover more
than once for the same act or omission. !anganiban, 1ransparency,
Cnanimity K <iversity, supra, p. &1#)
Jhat is deemed instituted in every criminal prosecution is the civil
liability arising from the crime or delict per se civil liability e@
delicto), but not those liabilities arising from Auasi=delicts, contracts
or Auasi=contracts. 7n fact even if a civil action is filed separately, the
e@ delicto civil liability in the criminal prosecution remains, and the
offended party may subject to the control of the prosecutor still
intervene in the criminal action, in order to protect the remaining civil
interest therein. 7d., pp. &1#=&10) !hilippine +abbit -us ,ines, 7nc.,
vs. !eople, %+ ?o. 1#44(', *pril 1#, &((#)
7n 2ases Ealling Cnder the >urisdiction of the Sandiganbayan under
+* 1/(/:
*ny provision of law or the +ules to the contrary notwithstanding, the
criminal action and the corresponding civil action for the recovery of
civil liability arising from the offense charged shall, at all times be
simultaneously instituted with, and jointly determined in the same
proceeding by the Sandiganbayan, the filing of the criminal action
being deemed to necessarily carry with it the filing of the civil action,
and no right to reserve the filing of such civil action separately from
the criminal action, shall be recogniBed3 !rovided, however, that in
cases within the e@clusive jurisdiction of the Sandiganbayaan. Jhere
the civil action had therefore been filed separately with a regular court
but judgment therein had not yet been rendered and the criminal case
is hereafter filed with the Sandiganbayan, said civil action shall be
transferred to the Sandiganbayan for consolidation and joint
determination with the criminal action, otherwise, the criminal action
may no longer be filed with the Sandiganbayan, its e@clusive
jurisdiction ever the case notwithstanding, but may be filed and
prosecuted only in the regular courts of competent jurisdiction3
!rovided, further, that, in cases within the concurrent jurisdiction of
the Sandiganbayan and the regular courts, where either the criminal or
civil action is first filed with the regular courts, the corresponding
civil or criminal action, as the case may be, shall only be filed with
the regular courts of competent jurisdiction. supra).
Dere Section '), the criminal action and the civil action can be filed
simultaneously and the trial of the two cases can go on separately and
independently of the other without regard to the latter. Cnli8e when the
civil action is not classified as independent, where it is governed by
Section &, it will be suspended in the meantime. 1hat is the important
point to remember in this rule.
2">C*?%2", >+. vs. 2"C+1 "E *!!5*,S
&(' S2+* /&$
E*21S: 7n this case, there was an independent civil action
for recovery of civil liability arising from defamation filed by
2ojuangco against a media company. So there were two &)
cases a criminal action for libel under the +!2 and a civil case
for damages arising from defamation under *rticle '' of the
2ivil 2ode. 1he Auestion is: can the two cases be consolidated
under Section &O because one argument is you only
consolidate the civil action if it is not independent action. -ut
anyway, independent man ito why will consolidateO
7SSC5: May a civil action for damages arising from
defamation independent civil action) and the criminal case for
libel be consolidatedO
D5,<: I5S, they can be consolidated under +ule '1 of the
+ules of 2ourt, citing again the case of 2aTos vs. !eralta,
because there is a common Auestion of law and fact.
:Section 1, +ule '1 of the +ules of 2ourt authoriBes
consolidation of actions involving common Auestions of law or
fact pending before the court. 1he purpose or object of
consolidation is to avoid multiplicity of suits, guard against
oppression or abuse, prevent delay, clear congested doc8ets,
simplify the wor8 of the trial court, and save unnecessary costs
or e@pense3 in short, the attainment of justice with the least
e@pense and ve@ation to the parties litigants. 1his provision
applies to both civil and criminal actions. 1he case 2aTos had
removed any doubt on this point.9 GSo even if we disregard +ule
111 Section &, it can be consolidated under +ule '1H
:1here is yet a further consideration why in the instant case
consolidation of civil case and the criminal case should be
allowed. Jhat is involved is the crime of libel. *s correctly
stated by petitioners, per the third paragraph of *rticle '/( of
the +evised !enal 2ode, as amended, the criminal case for libel
and the civil action for damages arising therefrom must be filed
in the same court.9
7n other words, if there is a second reason why consolidation
should be allowed, that reason is *rticle '/( of the +!2 on
libel. Jhile there maybe & separate actions in libel damages
and criminal case *rticle '/( orders the consolidation of the
two. 1hat is mandated under *rticle '/(.
1he ne@t Auestion is: Suppose 7 will file an independent civil action,
do 7 have to ma8e a reservationO 1he civil action specified is an
independent one. 1a8e note that under Section 1, when you file a
criminal case without ma8ing a reservation, the civil action is already
deemed instituted unless you ma8e a reservation.
1here were some confusions on that point because in the old cases of
%*+27* ;S. E,"+7<" 0& S2+*), *-5,,*?* ;S. M*+*-5 04
S2+*), the S2 implied that when the civil action is independent, there
is no need to ma8e a reservation. 1hat is an implication because it is
independent why should its filing be dependent on reservationO
Dowever, the 1$.0 +ules on criminal procedure made reservation
mandatory even in independent civil actions. Section ' of the 1$.0
+ules says, :in the cases provided in *rticles '&, '', '# and &14/ of the
2ivil 2ode, the independent civil action which has been reserved may be
brought by the offended party, shall proceed independently.9 So in the
instructive case of M*?7*%" ;S. 2*, &0' S2+* /4#) as well as the
case of S*? 7,<5E"?S" ;S. 2*, &.$ S2+* 0/.), the S2 ruled that
there is still a need, whether a civil action is independent or not, to ma8e
a reservation, otherwise the civil action is deemed instituted.
?"J, you will notice in Section ' of the new rules, that phrase
:which has been reserved9 is deleted. So based on the language of the
new rules, we return to the E,"+7<" and M*+*-5 ruling, that an
independent civil action ?55< ?"1 -5 +5S5+;5<. 1herefore, the
ruling in the M*?7*%" and S*? 7,<5E"?S" cases is deemed
abandoned by the S2.

S52. #. 5ffect of death on civil actions. 1he death of the accused
after arraignment and during the pendency of the criminal action
shall e@tinguish the civil liability arising from the delict. Dowever,
the independent civil action instituted under section ' of this +ule
or which thereafter is instituted to enforce liability arising from
other sources of obligation may be continued against the estate or
legal representative of the accused after proper substitution or
against said estate, as the case may be. 1he heirs of the accused
may be substituted for the deceased without reAuiring the
appointment of an e@ecutor or administrator and the court may
appoint a guardian ad litem for the minor heirs.
1he court shall forthwith order said legal representative or
representatives to appear and be substituted within a period
of thirty '() days from notice.
* final judgment entered in favor of the offended party
shall be enforced in the manner especially provided in these
rules for prosecuting claims against the estate of the
deceased.
7f the accused dies before arraignment, the case shall be
dismissed without prejudice to any civil action the offended
party may file against the estate of the deceased. n)
E@ect of Death of the &ccused
1. If death occurs &'<E) arraignment and DC)I-( the
pendenc! of the criminal
action
1. T)e ci$il liaAili%/ o+ %)e acc&ed ari&in( +rom %)e crime i&
eG%in(i&)ed9 A%
2. Inde'enden% ci$il ac%ion& and ci$il liaAili%/ ari&in( +rom
o%)er &orce& o+ oAli(a%ion ma/ Ae con%ined
2. If death occurs 7E'A)E arraignment%
1. T)e criminal ca&e &)all Ae di&mi&&ed# A%
2. T)e oBended 'ar%/ ma/ !le %)e 'ro'er ci$il ac%ion a(ain&%
%)e e&%a%e o+
%)e decea&ed
Procedure to 'ollow in 2ontinuation of the &ction in 2ase
of Death of the &ccused
1. T)e ac%ion& a+%er 'ro'er &A&%i%%ion ma/ Ae con%ined a(ain&%
%)e +ollo7in(M
1. %)e e&%a%e o+ %)e acc&ed#
2. %)e le(al re're&en%a%i$e o+ %)e acc&ed9 or
3. %)e )eir& o+ %)e acc&ed# 7)o ma/ Ae &A&%i%%ed +or %)e
decea&ed
7i%)o% re;irin( %)e a''oin%men% o+ an eGec%or or
admini&%ra%or9
2. T)e cor% ma/ a''oin% a (ardian ad li%em +or %)e minor )eir&9
3. T)e cor% &)all +or%)7i%) order &aid le(al re're&en%a%i$e %o
a''ear and Ae
&A&%i%%ed 7i%)in a 'eriod o+ *> da/& +rom no%ice9 and
#. A !nal Ed(men% en%ered in +a$or o+ %)e oBended 'ar%/ &)all Ae
en+orced in %)e manner e&'eciall/ 'ro$ided in %)e&e rle& +or
'ro&ec%in( claim& a(ain&% %)e e&%a%e o+ %)e decea&ed
1. Death during pendenc! of appeal
People 0. &ungan
3#1 S2)& 231
Septemer 21, 2666
<hird Di0ision% Panganian, 8.
,uestion%
W)a% are %)e eBec%& o+ dea%) o+ acc&ed drin( 'endenc/ o+
)i& a''ealJ
&nswer%
T)e +ollo7in( are %)e eBec%& o+ dea%) o+ %)e acc&ed 7)ile
)i& a''eal i& 'endin(M
1. Dea%) o+ %)e acc&ed 'endin( a''eal o+ )i& con$ic%ion
eG%in(i&)e& )i& criminal liaAili%/ a& 7ell a& %)e ci$il liaAili%/ Aa&ed
&olel/ %)ereon. As opined b" <ustice 'egalado, in this regard, 3the
death of the accused prior to 7nal Iudgment terminates his
criminal liabilit" and onl" the civil liabilit" directl" arising from
and based solel" on the oMense committed, i.e., civil liabilit" ex
delicto in senso strictiore.5
". T)e claim +or ci$il liaAili%/ &r$i$e& no%7i%)&%andin( %)e
dea%) o+ 2%)e3 acc&ed# i+ %)e &ame ma/ al&o Ae 'redica%ed on a
&orce o+ oAli(a%ion o%)er %)an delic%. Art. 11PD of the &ivil &ode
enumerates these other sources of obligation from which the civil
liabilit" ma" arise as a result of the same act or omission2
A3 9aw
c3 &ontracts
d3 Quasi-contracts
e3 xx xxx xxx
+3 Quasi-delicts
*. W)ere %)e ci$il liaAili%/ &r$i$e&# a& eG'lained in
NmAer " aAo$e# an ac%ion +or reco$er/ %)ere+or ma/ Ae 'r&ed
A% onl/ A/ 7a/ o+ !lin( a &e'ara%e ci$il ac%ion and &AEec% %o Sec.
1# Rle 111 o+ %)e 1FD- Rle& on Criminal Procedre a& amended.
This separate civil action ma" be enforced either against the
executor#administrator or the estate of the accused, depending
on the source o f obligation upon which the same is based as
explained above.
,. T)e 'ri$a%e oBended 'ar%/ need no% +ear a +or+ei%re o+
)i& ri()% %o !le %)i& &e'ara%e ci$il ac%ion A/ 're&cri'%ion# in ca&e&
7)ere drin( %)e 'ro&ec%ion o+ %)e criminal ac%ion and 'rior %o
i%& eG%inc%ion# %)e 'ri$a%e oBended 'ar%/ in&%i%%ed %o(e%)er
%)ere7i%) %)e ci$il ac%ion. %n such case, the statute of limitations
on the civil liabilit" is deemed interrupted during the pendenc" of
the criminal case, conformabl" with the provisions of Art. 11PP of
the &ivil &ode, that should thereb" avoid an" apprehension on a
possible privation of right b" prescription.
*rt. .$1) of the +evised !enal 2ode e@pressly provides
that pecun iary liabilities of the accused are e@tinguished only
when the death of the accused occurs before final judgment.
,i8ewise the civil liability of the accused arising from delict
is e@tinguished, if the accused dies after arraignment and
during the trial.
1D7+< <7;7S7"?
G%.+. ?o. 1'/.#'. September &., &(((.H
!5"!,5 "E 1D5 !D7,7!!7?5S, appellee, vs. !5<+"
*-C?%*? alias R!edring,R +*?<I !*S2C* and
5+?5S1" +*%"?1"? >r., accused.
!5<+" *-C?%*? alias R!edring,R appellant.
+ 5 S " , C 1 7 " ?
!*?%*?7-*?, > p:
1he death of the appellant pending appeal and prior to the
finality of conviction e@tinguished his criminal and civil
liabilities arising from the delict or crime. Dence, the
criminal case against him, not the appeal, should be
dismissed. 57*ScD
1he 2ase and the Eacts
-efore us is an appeal filed by !edro *bungan assailing
the <ecision 1 of the +egional 1rial 2ourt of ;illasis,
!angasinan, -ranch 0(, & in 2riminal 2ase ?o. ;=(##4,
which he was convicted of murder, sentenced to reclusion
perpetua, and ordered to pay !0(,((( as indemnity to the
heirs of the deceased.
7ssue
1he only issue before us is the effect of *ppellant
*bunganXs death on the case and on the appeal.
1his 2ourtXs +uling
1he death of appellant on >uly 1$, &((( during the
pendency of his appeal e@tinguished his criminal as well as
his civil liability, based solely on delict civil liability e@
delicto).
Main 7ssue:
5ffect of *ppellantXs <eath
<uring *ppeal
1he conseAuences of appellantXs death are provided for in
*rticle .$ 1) of the +evised !enal 2ode, which reads as
follows:
R*rt. .$. Dow criminal liability is totally
e@tinguished. S 2riminal liability is totally e@tinguished:
1. -y the death of the convict, as to the personal penalties3
and as to pecuniary=penalties, liability therefor is
e@tinguished only when the death of the offender occurs
before final judgment3
@@@ @@@ @@@R
*pplying this provision, the 2ourt in !eople v. -ayotas,
1( made the following pronouncements:
R1. <eath of the accused pending appeal of his
conviction e@tinguishes his criminal liability as well as the
civil liability based solely thereon. *s opined by >ustice
+egalado, in this regard, Xthe death of the accused prior to
final judgment terminates his criminal liability and only the
civil liability directly arising from and based solely on the
offense committed, i.e., civil liability e@ delicto in senso
strictiore.X R S51aD2
R&. 2orollarily, the claim for civil liability survives
notwithstanding the death of the) accused, if the same may
also be predicated on a source of obligation other than delict.
*rticle 1104 of the 2ivil 2ode enumerates these other
sources of obligation from which the civil liability may arise
as a result of the same act or omission:
a) ,aw
b) 2ontracts
c) Fuasi=contracts
d) . . .
e) Fuasi=delicts
R'. Jhere the civil liability survives, as e@plained in
?umber & above, an action for recovery therefor may be
pursued but only by way of filing a separate civil action and
subject to Section 1, +ule 111 of the 1$.0 +ules on 2riminal
!rocedure as amended. 1his separate civil action may be
enforced either against the e@ecutor)administrator or the
estate of the accused, depending on the source of obligation
upon which the same is based as e@plained above.
R#. Einally, the private offended party need not fear a
forfeiture of his right to file this separate civil action by
prescription, in cases where during the prosecution of the
criminal action and prior to its e@tinction, the private
offended party instituted together therewith the civil action.
7n such case, the statute of limitations on the civil liability is
deemed interrupted during the pendency of the criminal case,
conformably with the provisions of *rticle 1100 of the 2ivil
2ode, that should thereby avoid any apprehension on a
possible privation of right by prescription.R
7n the present case, it is clear that, following the above
disAuisition in -ayotas, the death of appellant e@tinguished
his criminal liability. Moreover, because he died during the
pendency of the appeal and before the finality of the
judgment against him, his civil liability arising from the
crime or delict civil liability e@ delicto) was also
e@tinguished. 7t must be added, though, that his civil liability
may be based on sources of obligation other than delict. Eor
this reason, the victims may file a separate civil action
against his estate, as may be warranted by law and procedural
rules. 5SacD2
Moreover, we hold that the death of *ppellant *bungan
would result in the dismissal of the criminal case against him.
11 ?ecessarily, the lower courtXs <ecision S finding him
guilty and sentencing him to suffer reclusion perpetua and to
indemnify the heirs of the deceased S becomes ineffectual.
JD5+5E"+5, the criminal case ?o. ;=(##4, +12 of
;illasis, !angasinan) against !edro *bungan is hereby
<7SM7SS5< and the appealed <ecision S51 *S7<5. 2osts
de oficio. 2*Sc7D
S" "+<5+5<.
Melo, ;itug, !urisima and %onBaga=+eyes, >> ., concur.
S52"?< <7;7S7"?
G%.+. ?o. 1(44&0. >anuary &&, 1$$..H
5S!5+" S*,*", petitioner, vs. 1D5 D"?"+*-,5
2"C+1 "E *!!5*,S and >"J75 *!","?7",
respondents.
< 5 2 7 S 7 " ?
M5?<"M*, > p:
1his is a petition for review on certiorari of the decision 1
of the 2ourt of *ppeals affirming the decision of the
+egional 1rial 2ourt, -ranch P7;, Malolos, -ulacan, which
ordered petitioner 5spero Salao to pay private respondent
>owie *polonio !&(,(((.(( in actual damages, !1(,(((.(( in
moral damages, and !10,(((.(( in attorneyXs fees, as well as
the appellate courtXs resolution of "ctober &', 1$$& denying
petitionerXs motion for reconsideration.
1his case originated from a complaint for damages filed
by the private respondent for head injuries allegedly inflicted
on him by petitioner on *ugust &#, 1$./. !rivate respondent,
then a senior student at the !hilippine *ir 1ransport and
1raining Services, 7nc., testified that on *ugust &#, 1$./, at
around /:'( p.m., he saw a friendXs jeep par8ed outside the
compound of the petitioner. Cpon entering the compound he
saw his friend having drin8s with petitioner. De therefore
decided to join them but petitioner saw him and drove him
away for being a drug addict. *s he was leaving petitioner hit
him on the head with a gun and threatened him with further
harm. "nly the timely intervention of private respondentXs
brother, %ary *polonio, and petitionerXs mother, ,ourdes
Salao, saved him from further injuries in the hands of
petitioner. &
!rivate respondent submitted in evidence a certification
and receipts, ' in support of his claim for damages. 1he
e@penses were incurred for an operation at MartineB
Memorial Dospital which necessitated private respondentXs
confinement there from September # to $, 1$./. #
1he private respondentXs claim was corroborated by his
brother, %ary *polonio, who testified that while he was
buying cigarettes from a store in front of petitionerXs
residence, he saw the latter hit his brother on the head with a
gun, even as he accused him of teaching petitionerXs son,
<ennis, how to abuse drugs. %ary said he had to ta8e his
brother to the hospital because of injuries on the head caused
by petitioner. 0
<r. *ntonio Sarrosa testified that he operated on >owie
*polonio for a fractured s8ull at the MartineB Memorial
Dospital. /
"n the other hand, petitioner claimed it was private
respondent who tried to assault him and he only acted in self
defense by hitting private respondent with his gun. *ccording
to petitioner, on *ugust &#, 1$./, between 0 and /:'( p.m.,
he was surprised to see private respondent inside their yard
having drin8s with his nephew and the latterXs friends.
-ecause he told the group to stop drin8ing, private
respondent resented his order and left. ,ater, petitionerXs wife
arrived and told him that private respondent was very angry
and ma8ing threats against petitioner. *s petitioner went to
buy cigarettes at the store of his sister=in=law located also
within the compound, private respondent shouted at him and
hit him. !etitioner claimed that, in self defense, he pulled his
gun and hit the private respondent with it. De as8ed the group
to throw private respondent out of the compound. 4
!etitioner also claimed he was going to file charges
against private respondent but was persuaded not to do so by
private respondentXs mother because they were neighbors. .
De said he counseled his sons not to 8eep private respondent
in their company as he suspected him to be engaged in illegal
acts and trying to ma8e his sons do the same. $
1he trial court found the private respondentXs version of
the incident to be more convincing than that of the petitioner
which it found to be Runcorroborated and self=serving.R 1(
*ccordingly, it rendered judgment against the petitioner. 1he
trial court also denied petitionerXs subseAuent motion for
reconsideration and new trial. cdll
"n appeal, the 2ourt of *ppeals affirmed the trial courtXs
decision in toto and later denied petitionerXs motion for
reconsideration. !etitioner then brought this appeal
Auestioning the award of damages and attorneyXs fees to
private respondent. 7n his +eply to !rivate +espondentXs
2omment, he raised as additional ground the fact that in the
criminal case for serious physical injuries and grave threats
based on the same incident, the Municipal 1rial 2ourt of
"bando, -ulacan found him Rnot guiltyR and accordingly
dismissed the case against him.
1he appeal is without merit.
Eirst. 7t is settled that issues not raised in the court a Auo
cannot be raised for the first time on appeal in this 2ourt
without violating the basic rules of fair play, justice and due
process. 11 7n the case at bar, petitioner appealed to the 2ourt
of *ppeals, assigning two errors allegedly committed by the
trial court, to wit:
1. 1he 1rial 2ourt erred in ta8ing cogniBance of and
hearing the case without plaintiff first availing the
conciliation process provided by !< 10(.3 and
&. 1he 1rial 2ourt erred in denying defendant=appellants
motion for reconsideration and alternatively motion for new
trial.
1he propriety of such award of damages and the effect of
petitionerXs acAuittal in the criminal cases were not
Auestioned by petitioner. 2onseAuently, he is barred from
raising these Auestions for the first time in this appeal.
Second. !etitioner has not shown that the award of
damages is not supported by evidence. Eor e@ample, the
award of !&(,(((.(( for actual damages is based on hospital
bills and receipts for medicine which private respondent
properly identified in court and formally offered in evidence.
1&
1hat private respondent is competent to testify regarding
the authenticity and due e@ecution of these documents is
beyond doubt. +ule 1'&, \&( of the +evised +ules on
5vidence provides:
\&(. !roof of private document. S -efore any private
document offered as authentic is received in evidence, its due
e@ecution and authenticity must be proved either:
a)-y anyone who saw the document e@ecuted or written3
or
b) -y evidence of the genuiness sic) of the signature
or handwriting of the ma8er.
*ny other private document need only be identified as that
which it is claimed to be.
?eedless to say, this factual finding of the trial court,
especially because it was affirmed by the 2ourt of *ppeals
and petitioner in this case has presented no rebutting
evidence, is well nigh conclusive in this appeal. 1'
1he award of !1(,(((.(( for moral damages is li8ewise
appropriate. 1his being a case of physical injuries resulting
from a crime or Auasi=delict, moral damages may be awarded
in the discretion of the court, as provided by *rt. &&1$1) or
&) of the 2ivil 2ode. 1he evidence gives no ground for
doubt that such discretion was properly and judiciously
e@ercised by the trial court. 1he award is in fact consistent
with the rule that moral damages are not intended to enrich
the injured party, but to alleviate the moral suffering he has
undergone by reason of the defendantXs culpable action. 1#
Jith regard to the award of !10,(((.(( for attorneyXs fees,
petitioner invo8es rulings 10 that in view of the policy
against placing a premium on the right to litigate, awards for
attorneyXs fees must be based on findings of fact and law,
e@pressed in the judgment of the trial court, which bring the
case within the e@ceptions enumerated in *rt. &&(. of the
2ivil 2ode. 7n this case, the award of attorneyXs fees is based
on the trial court finding that because of this case private
respondent was compelled to secure the services of counsel
for !&(,(((.((. 1/ 1he actual award is for !10,(((.(() *rt.
&&(.&) provides:
*rt. &&(.. 7n the absence of stipulation, attorneyXs fees
and e@penses of litigation, other than judicial costs, cannot be
recovered, e@cept . . . cdrep
&) Jhen the defendantXs act or omission has
compelled the plaintiff to litigate with third persons or to
incur e@penses to protect his interest . . .
2ontrary to petitionerXs contention, there was compliance
by the trial court with the rule regarding attorneyXs fees.
1hird. ?or is there merit in petitionerXs claim that his
acAuittal in the criminal action for serious physical injuries
constitutes a definitive finding that he has no civil liability to
the private respondent. !etitioner invo8es +ule 111, \&b) of
the +ules of 2riminal !rocedure which provides:
5@tinction of the penal action does not carry with it
e@tinction of the civil, unless the e@tinction proceeds from a
declaration in a final judgment that the fact from which the
civil might arise did not e@ist. 14
1he civil liability referred to in this +ule is the civil
liability arising from crime e@ delicto). 7t is not the civil
liability for Auasi delict which is allowed to be brought
Rseparately and independentlyR of the criminal action by *rt.
'' of the 2ivil 2ode. 1. 1he civil liability based on such
cause of action is not e@tinguished even by a declaration in
the criminal case that the criminal act charged has not
happened or has not been committed by the accused. 1$
7ndeed, because the offended party does not intervene in the
criminal prosecution, it is entirely possible that all the
witnesses presented in the civil action may not have been
presented by the public prosecutor in the criminal action with
the result that the accused in the criminal case may be
acAuitted. 1his is what happened in the recent case of Deirs
of %uaring v. 2ourt of *ppeals &( where, because the only
survivor in a motor car accident whose testimony proved to
be pivotal in the civil case was not called to testify in the
criminal prosecution of the driver of the other vehicle, the
latter was acAuitted on reasonable doubt.
Je therefore hold that petitionerXs acAuittal in the criminal
case for serious physical injuries and grave threats is not
conclusive of his liability for damages to private respondent.
1his case is separate, distinct and independent of the criminal
action and reAuires only a preponderance to prove it.
JD5+5E"+5, the decision of the 2ourt of *ppeals is
*EE7+M5<, with costs against petitioner. cda
S" "+<5+5<.
+egalado, !uno and MartineB, >> ., concur.
!eople vs. *lison G## S2+* 0&'H and !eople vs 2astillo
G0/ "ff. %aB. #(#0) held that when the accused died while
the judgment of conviction is pendiong appeal, his civil and
criminal liabilities are e@tinguished by his death.
7f there are several accused, the death of one will not cause the
dismissal of the criminal action. 1herefore, in an adultery case
filed against the wife and the other man, the death of one of the
adulterers will not have the effect of suspending the action against
the other. CS vs de la 1orre, et al., &0 !hil. '/3 CS vs 1oribio, '0
S2+* $(4)
Section # is entirely new. 1he first sentence is enunciated in the case
of -ayotas the death of the accused after arraignment and during the
pendency of the criminal action shall e@tinguish the civil liability arising
from the delict the civil liability arising from the crime is deemed
e@tinguished which you have ta8en up already in criminal law. Dowever,
the independent civil action instituted under Section ' of this +ule or
which thereafter is instituted to enforce liability arising from other
sources meaning, another source other than the delict may be
continued against the estate or legal representative of the accused after
proper substitution as the case may be.
7n civil procedure when the action survives there will be
substitution. 1his is actually a repetition of civil procedure :the heirs
of the accused maybe substituted for the deceased without reAuiring the
appointment of an e@ecutor or administrator and the court may appoint a
guardianW9 1hat is a repetition of +ule ', about substitution of a party.
-ut the civil action here refers to a civil action where the source of a
claim is not a crime, 7t could be a contract or a Auasi=delict.
F: "n the third paragraph, assuming there is a judgment. Dow will
you enforce itO -y e@ecutionO
*: ?". Iou must file it as a claim against he estate. *s a rule, there is
no e@ecution. *ll the creditors mush share eAually with the assets. 1hat
is Special !roceedings: what claims must be filed against the estate of
the deceasedO
F: ,ast paragraph. 7n case before arraignment, the accused dies, the
criminal liability is e@tinguished. Jhat happens now to any possible
civil action which the offended party may fileO
*: De can file it against the estate of the deceased but the assumption
is, it is based on Auasi=delict or any other sources of obligation other
than the crime.
S52. 0. >udgment in civil action not a bar. * final judgment
rendered in a civil action absolving the defendant from civil
liability is not a bar to a criminal action against the defendant for
the same act or omission subject of the civil action. #a)
E@ect of 8udgment in a 2i0il &ction &sol0ing the
Defendant from Hiailit!
1. (eneral )ule%
T)i& &)all no% Ae a Aar %o a criminal ac%ion a(ain&% %)e
de+endan% +or %)e &ame ac% or omi&&ion &AEec% o+ %)e ci$il ac%ion.
2. E*ception%
W)en %)e i&&e in %)e ci$il ca&e i& cla&&i!ed a& a 'reEdicial
;e&%ion
Section 0 is the e@act opposite of Section & because the last paragraph of
Section & says :the e@tinction of the penal action does not carry with it
the e@tinction of the civil action.9 Dere the situation is there is e@tinction
of the civil action. 7s the criminal action also e@tinguishedO ?". :* final
judgment rendered in a civil action absolving the defendant from civil
liability is not a bar to a criminal action against the defendant.9
?ow, what is new here is the last clause :for the same act or
omission subject of the civil action9 because for all you 8now, the
evidence submitted in civil case might be incomplete and the
government has better evidence in the criminal action.
S52 /. Suspension by reason of prejudicial Auestion. * petition
for suspension of the criminal action based upon the pendency of a
prejudicial Auestion in a civil action may be filed in the office of
the prosecutor or the court conducting the preliminary
investigation. Jhen the criminal action has been filed in court for
trial, the petition to suspend shall be filed in the same criminal
action at any time before the prosecution rests. /a)
Suspension ! )eason of Pre"udicial ,uestion
1. Pre"udicial ?uestion%
An i&&e in$ol$ed in a ci$il ac%ion 7)ic) i& &imilar or
in%ima%el/ rela%ed %o
%)e i&&e rai&ed in %)e criminal ac%ion# %)e re&ol%ion o+
7)ic) de%ermine&
7)e%)er or no% %)e criminal ac%ion ma/ 'roceed
2. When a criminal case ma! e suspended to gi0e wa! to
the determination of
a ci0il case%
W)en %)e i&&e o+ %)e ci$il ca&e in$ol$e& a 'reEdicial
;e&%ion
3. Where petition for suspension of the criminal action
ma! e fled%
1. in %)e o?ce o+ %)e 'ro&ec%or 4drin( PI5# or
2. in %)e cor% condc%in( %)e PI 4J5
3. in %)e cor% 7)ere %)e criminal ca&e i& 'endin( 4a% an/
%ime Ae+ore %)e
'ro&ec%ion re&%&5
1. )e?uirement of a petition
>ap 0. Paras
263 S2& =23
8anuar! 36, 1552
'irst Di0ision% 2ru/, 8.
'acts%
.liana Ya' !led a com'lain% +or e&%a+a a(ain&% )er Aro%)er
ari&in( +rom %)e &econd &ale A/ %)e la%%er o+ a 'iece o+ land 7)ic)
)er Aro%)er 're$io&l/ &old %o )er. On %)e &ame da/# &)e al&o !led
a ci$il ac%ion +or %)e nlli!ca%ion o+ %)e &econd &ale. Wi%)o% an/
mo%ion +rom acc&ed# %)e Ed(e di&mi&&ed %)e criminal ca&e on
%)e (rond o+ %)e eGi&%ence o+ a 'reEdicial ;e&%ion.
Issue%
I& %)e cor% correc%J
9eld%
No. Under %)e Rle&# &&'en&ion ma/ Ae made onl/ 'on
'e%i%ion and no% a% %)e in&%ance o+ %)e Ed(e alone# and i% al&o
&a/& &&'en&ion# and no% di&mi&&al. No% e$er/ de+en&e rai&ed in
%)e ci$il ac%ion 7ill rai&e a 'reEdicial ;e&%ion %o E&%i+/
&&'en&ion o+ %)e criminal ac%ion. T)e de+en&e m&% in$ol$e an
i&&e &imilar or in%ima%el/ rela%ed %o %)e &ame i&&e rai&ed in %)e
criminal ac%ion and i%& re&ol%ion &)old de%ermine 7)e%)er or no%
%)e la%%er ac%ion ma/ 'roceed. Since no mo%ion +or &&'en&ion )a&
Aeen !led# %)e Ed(e cold no% )a$e Aeen in+ormed o+ %)e de+en&e
acc&ed 7a& rai&in( in %)e ci$il ac%ion 7old de%ermine %)e (il%
or innocence o+ %)e acc&ed in %)e criminal ca&e.
S52. 4. 5lements of prejudicial Auestion. 1he elements
of a prejudicial Auestions are: a) the previously instituted
civil action involves an issue similar or intimately related to
the issue raised in the subseAuent criminal action, and b) the
resolution of such issue determines whether or not the
criminal action may proceed. 0a)
Elements of Pre"udicial ,uestion
1. T)e 're$io&l/ in&%i%%ed ci$il ac%ion in$ol$e& an i&&e &imilar
or in%ima%el/ rela%ed %o %)e i&&e rai&ed in %)e &A&e;en%
criminal ac%ion# and
2. T)e re&ol%ion o+ &c) i&&e de%ermine& 7)e%)er or no% %)e
criminal ac%ion ma/ 'roceed
1. Instances with pre"udicial ?uestion
a. 'alse testimon! in a ci0il case
&rB <ra0el 0. Presiding 8udge
#16 S2)& #1
&ugust 25, 2663
Second Di0ision% &ustria.4artine/, 8.
'acts%
For alle(edl/ (i$in( +al&e %e&%imon/ in a ci$il ca&e# %)e
'ro&ec%or c)ar(ed acc&ed o+ $iola%ion o+ Ar%. 1D" o+ %)e Re$i&ed
Penal Code. A% %)e %ime %)e in+orma%ion 7a& !led# %)e ci$il ca&e
7a& &%ill 'endin(.
Issue%
I& %)ere a 'reEdicial ;e&%ionJ
9eld%
Ye&. T)e ci$il ca&e i& &o in%ima%el/ connec%ed 7i%) %)e &AEec%
o+ %)e crime %)a% i% i& de%ermina%i$e o+ %)e (il% or innocence o+
%)e acc&ed in %)e criminal ca&e. In o%)er 7ord&# 7)e%)er or no%
%)e %e&%imon/ o+ acc&ed in %)e ci$il ca&e& i& +al&e i& a 'reEdicial
;e&%ion. 0ence# nder Sec. 8 o+ Rle 111 o+ %)e Rle& o+ Cor%#
'endin( de%ermina%ion o+ %)e +al&i+/ o+ %)e &AEec% %e&%imon/ in
%)e ci$il ca&e# %)e criminal ac%ion +or +al&e %e&%imon/ m&%
'er+orce Ae &&'ended.
. 2ase for ownership and s?uatting
&pa 0. 'ernande/
2#2 S2)& 365
4arch 26, 1553
Second Di0ision% 4endo/a, 8.
Issue%
I& a ci$il ca&e +or %)e o7ner&)i' o+ a 'iece o+ land a
'reEdicial ;e&%ion in a criminal 'ro&ec%ion +or &;a%%in( on %)e
&ame 'iece o+ land Ae%7een %)e &ame 'ar%ie&J
9eld%
Ye&. W)a%e$er ma/ Ae %)e l%ima%e re&ol%ion o+ %)e ;e&%ion
o+ o7ner&)i'# &c) re&ol%ion 7ill Ae de%ermina%i$e o+ %)e (il% or
innocence o+ %)e acc&ed in %)e criminal ca&e. Srel/# i+ acc&ed
are coCo7ner& o+ %)e lo% in ;e&%ion# %)e/ canno% Ae +ond (il%/
o+ &;a%%in( Aeca&e %)e/ are a& mc) en%i%led %o %)e &e and
occ'a%ion o+ %)e a& land 'ri$a%e com'lainan%&.
2. Instances with no pre"udicial ?uestion
a. &nnulment of marriage and igam!
&unado 0. People
#2= S2)& 3=2
4arch 36, 266#
'irst Di0ision% >nares.Santiago, 8.
'acts%
Sal$ador married Narci&a in 1F8=. In 1FDF# 7)ile %)e !r&%
marria(e 7a& &A&i&%in(# Sal$ador married Uenaida. On .an. 1F#
1FF-# an annlmen% ca&e 7a& !led A/ Sal$ador a(ain&% Narci&a.
On 1a/ 1D# 1FF-# a ca&e +or Ai(am/ 7a& !led A/ Narci&a a(ain&%
Sal$ador and Uenaida. SA&e;en%l/# %)e marria(e Ae%7een
Sal$ador and Uenaida 7a& annlled.
Issue%
Wa& %)e annlmen% ca&e a 'reEdicial ;e&%ion %)a% 7old
E&%i+/ &&'en&ion o+ %)e 'ro&ec%ion +or Ai(am/J
9eld%
No. A 'reEdicial ;e&%ion )a& Aeen de!ned a& one Aa&ed on
a +ac% di&%inc% and &e'ara%e +rom %)e crime A% &o in%ima%el/
connec%ed 7i%) i% %)a% i% de%ermine& %)e (il% or innocence o+ %)e
acc&ed# and +or i% %o &&'end %)e criminal ac%ion# i% m&% a''ear
no% onl/ %)a% &aid ca&e in$ol$e& +ac%& in%ima%el/ rela%ed %o %)o&e
'on 7)ic) %)e criminal 'ro&ec%ion 7old Ae Aa&ed A% al&o %)a%
in %)e re&ol%ion o+ %)e i&&e or i&&e& rai&ed in %)e ci$il ca&e# %)e
(il% or innocence o+ %)e acc&ed 7old nece&&aril/ Ae
de%ermined.
T)e o%come o+ %)e ci$il ca&e +or annlmen% o+ Sal$adorP&
marria(e %o Narci&a )ad no Aearin( 'on %)e de%ermina%ion o+ )i&
innocence or (il% in %)e criminal ca&e +or Ai(am/# Aeca&e all
%)a% i& re;ired +or %)e c)ar(e o+ Ai(am/ %o 'ro&'er i& %)a% %)e
!r&% marria(e Ae &A&i&%in( a% %)e %ime %)e &econd marria(e i&
con%rac%ed.
T)&# nder %)e la7# a marria(e# e$en one 7)ic) i& $oid or
$oidaAle# &)all Ae deemed $alid n%il declared o%)er7i&e in a
Edicial 'roceedin(. E$en i+ Sal$ador e$en%all/ oA%ained a
declara%ion %)a% )i& !r&% marria(e 7a& $oid ab initio# %)e 'oin% i&#
Ao%) %)e !r&% and %)e &econd marria(e 7ere &A&i&%in( Ae+ore %)e
!r%& marria(e 7a& annlled.
. Declaration of nullit! and concuinage
7eltran 0. People
33# S2)& 16=
8une 26, 2666
Second Di0ision% 7uena, 8.
Issue%
Doe& a 'endin( 'e%i%ion +or declara%ion o+ nlli%/ o+ marria(e
!led A/ %)e acc&ed a(ain&% )i& 7i+e 'o&e a 'reEdicial ;e&%ion %o
%)e c)ar(e o+ concAina(e !led A/ )i& 7i+e a(ain&% )imJ
9eld%
No. Par%ie& %o %)e marria(e &)old no% Ae 'ermi%%ed %o Ed(e
+or %)em&el$e& i%& nlli%/# +or %)e &ame m&% Ae &Ami%%ed %o
Ed(men% o+ %)e com'e%en% cor%& and onl/ 7)en %)e nlli%/ o+
%)e marria(e i& &o declared can i% Ae )eld a& $oid# and &o lon( a&
%)ere i& no &c) declara%ion %)e 're&m'%ion i& %)a% %)e marria(e
eGi&%& +or all in%en%& and 'r'o&e&. T)ere+ore# )e 7)o co)aAi%&
7i%) a 7oman no% )i& 7i+e Ae+ore %)e Edicial declara%ion o+ nlli%/
o+ %)e marria(e a&&me& %)e ri&I o+ Aein( 'ro&ec%ed +or
concAina(e. T)e 'endenc/ o+ a ci$il ac%ion +or nlli%/ o+ marria(e
doe& no% 'o&e a 'reEdicial ;e&%ion in a criminal ca&e +or
concAina(e.
c. Estafa and ci0il case for damages
People 0. 2onsing
353 S2)& 3==
8anuar! 1=, 2663
'irst Di0ision% >nares.Santiago, 8.
'acts%
Ra+ael Con&in( and )i& mo%)er# Cecilia# &old a ,C)ec%are
'iece o+ land %o P<I 'on a +al&e claim %)a% %)e/ ac;ired i% +rom
Ten( and Y. On .l/ ""# 1FFF# Con&in( !led 7i%) %)e Pa&i( RTC#
<ranc) 8D# an ac%ion +or KInEnc%i$e Relie+L docIe%ed a& Ci$il Ca&e
SCA 1=-F# a(ain&% P<I# 7)erein )e &o()% a declara%ion %)a% )e
7a& merel/ an a(en% o+ )i& mo%)er# and %)ere+ore 7a& no% nder
an/ oAli(a%ion %o P<I. On Oc%. 1*# 1FFF# P<I !led a(ain&% Con&in(
and )i& mo%)er a com'lain% +or KDama(e& and A%%ac)men%#L
docIe%ed a& Ci$il Ca&e FFCF-*D1# 7i%) 1anila RTC# <ranc) 1".
W)en a criminal ca&e +or e&%a+a %)ro() +al&i!ca%ion o+ 'Alic
docmen% 7a& !led a(ain&% Con&in(# )e mo$ed %o de+er
arrai(nmen% on %)e (rond o+ 'reEdicial ;e&%ion.
Issue%
I& %)ere a 'reEdicial ;e&%ionJ
9eld%
No. T)e i&&e in %)e ci$il ca&e +or InEnc%i$e Relie+ i& 7)e%)er
or no% Con&in( merel/ ac%ed a& an a(en% o+ )i& mo%)er9 7)ile in
%)e ci$il ca&e +or Dama(e& and A%%ac)men%# %)e ;e&%ion i&
7)e%)er Con&in( and )i& mo%)er are liaAle %o 'a/ dama(e& and %o
re%rn %)e amon% 'aid A/ P<I +or %)e 'rc)a&e o+ %)e di&'%ed
lo%.
E$en i+ Con&in( i& declared merel/ an a(en% o+ )i& mo%)er in
%)e %ran&ac%ion in$ol$in( %)e &ale o+ %)e lo%# )e canno% Ae
adEd(ed +ree +rom criminal liaAili%/. An a(en% or an/ 'er&on ma/
Ae )eld liaAle +or con&'irin( %o +al&i+/ 'Alic docmen%&. 0ence#
%)e de%ermina%ion o+ %)e i&&e in$ol$ed in %)e ca&e +or InEnc%i$e
Relie+ i& irrele$an% %o %)e (il% or innocence o+ Con&in( in %)e
criminal ca&e +or e&%a+a %)ro() +al&i!ca%ion o+ 'Alic docmen%.
LiIe7i&e# a rlin( o+ %)e cor% in %)e ci$il ca&e %)a% P<I &)old
no% Ae 'aid %)e 'rc)a&e 'rice 'l& dama(e& 7ill no% nece&&aril/
aA&ol$e Con&in( o+ liaAili%/ in %)e criminal ca&e 7)ere )i& (il%
ma/ &%ill Ae e&%aAli&)ed nder 'enal la7& a& de%ermined A/ o%)er
e$idence.
d. Intellectual Propert! 2ode
Samson 0. Dawa!
#3# S2)& =12
8ul! 21, 266#
'irst Di0ision% >nares.Santiago, 8.
Issue%
I& a ci$il ac%ion rela%ed %o n+air com'e%i%ion a 'reEdicial
;e&%ion %o a 'ro&ec%ion +or n+air com'e%i%ion nder Sec.
18D.*2a3# in rela%ion %o Sec. 1=># o+ %)e In%ellec%al Pro'er%/ CodeJ
9eld%
No. T)ere i& no 'reEdicial ;e&%ion i+ %)e ci$il and %)e
criminal ac%ion can# accordin( %o la7# 'roceed inde'enden%l/ o+
eac) o%)er. Under Rle 111# Sec. * o+ %)e Re$i&ed Rle& on
Criminal Procedre# in %)e ca&e& 'ro$ided in Ar%. *"# **# *, and
"1=8 o+ %)e Ci$il Code# %)e inde'enden% ci$il ac%ion ma/ Ae
Aro()% A/ %)e oBended 'ar%/. I% &)all 'roceed inde'enden%l/ o+
%)e criminal ac%ion and &)all re;ire onl/ a 're'onderance o+
e$idence.
In %)e ca&e a% Aar# %)e common elemen% in %)e ac%&
con&%i%%in( n+air com'e%i%ion nder Sec. 18D o+ RA D"F* i&
+rad. Pr&an% %o Ar%. ** o+ %)e Ci$il Code# in ca&e& o+
de+ama%ion# +rad# and ')/&ical inErie&# a ci$il ac%ion +or
dama(e&# en%irel/ &e'ara%e and di&%inc% +rom %)e criminal ac%ion#
ma/ Ae Aro()% A/ %)e inEred 'ar%/. 0ence# a ci$il ca&e 7)ic)
rela%e& %o n+air com'e%i%ion# i& an inde'enden% ci$il ac%ion nder
Ar%. ** o+ %)e Ci$il Code. A& &c)# i% 7ill no% o'era%e a& a
'reEdicial ;e&%ion %)a% 7ill E&%i+/ %)e &&'en&ion o+ %)e criminal
ca&e.
e. 7P 7lg. 22 and annulment of sale
Cmali 0. I&2
11= S2)& 116
8une 21, 1556
Second Di0ision% Padilla, 8.
Issue%
I& a ci$il ac%ion +or annlmen% o+ &ale on %)e (rond o+ +rad
A/ %)e &eller re(ardin( %)e land &old a 'reEdicial ;e&%ion %o a
criminal ca&e +or $iola%ion o+ <P "" ari&in( +rom %)e Aoncin( o+
%)e c)ecI 'aid A/ %)e A/er +or %)e landJ
9eld%
No. T)e c)ar(e +or $iola%ion o+ <P "" i& Aa&ed on %)e
di&)onor o+ %)e c)ecI 'aid A/ %)e A/er 'on de 're&en%men% %o
%)e dra7ee AanI. UndeniaAl/# a% %)e %ime o+ &aid di&)onor# %)e
A/erP& 4acc&ed5 oAli(a%ion %o 'a/ %)e &eller 'r&an% %o %)e
deed o+ &ale con%ined %o &A&i&%. And Aeca&e %)e c)ecI 7a&
di&)onored +or lacI o+ +nd&# acc&ed i& an&7eraAle nder %)e la7
+or %)e con&e;ence& o+ )i& &aid ac%&. And e$en i+ %)e ci$il ca&e
7ere %o Ae !nall/ adEd(ed %o %)e eBec% %)a% %)e &aid deed o+ &ale
&)old Ae annlled# &c) declara%ion 7old Ae o+ no ma%erial
im'or%ance in %)e de%ermina%ion o+ %)e (il% or innocence o+
acc&ed in %)e criminal ca&e.
1he concept of prejudicial Auestion is the e@act opposite of Section &
because in Section &, unless independent civil action, the filing of the
criminal action will cause the suspension of the civil action. Dere it is
the opposite, the filing of the civil case will suspend the criminal case
that is, if there is a prejudicial Auestion involved in the civil case.
F: Jhat is a prejudicial AuestionO
*: * prejudicial Auestion is that arising in the civil case but which is
so intimately connected with the issues involved in the criminal case as
to be determinative of the innocence or guilt of the accused. Mendiola
vs. Macadaeg, Eebruary &4, 1$/1)
So the resolution of the civil action will determine the guilt or
innocence of the accused in the criminal case. 1he guilt or innocence of
the accused will depend on the outcome of the issue in the civil case
8aya paunahin natin ang civil.
S52"?< <7;7S7"?
G%.+. ?o. 1#1/&#. *ugust 14, &((#.H
!5"!,5 "E 1D5 !D7,7!!7?5S, petitioner, vs. D5+?*?<" -.
<5,7M", respondent.
< 5 2 7 S 7 " ?
2*,,5>", S+., > p:
-efore us is a petition for review on certiorari of the <ecision 1 of the
2ourt of *ppeals in 2*=%.+. S! ?o. 0($$0 granting the petition for
certiorari of respondent <r. Dernando -. <eliBo and nullifying the
<ecember 1., 1$$. and Eebruary 1, 1$$$ "rders & of the +egional 1rial
2ourt of Mandaluyong 2ity in 2riminal 2ase ?o. 1/4=M< for estafa.
a*S5cD
1he *ntecedents
*rsenio 1. ?g filed a criminal complaint for estafa against the
respondent with the "ffice of the 2ity !rosecutor of Mandaluyong 2ity,
doc8eted as 7nv. Slip ?o. $4=1(&... *fter the reAuisite preliminary
investigation, Eirst *ssistant 2ity !rosecutor 5steban *. 1acla, >r. signed
an 7nformation dated "ctober 1(, 1$$4, charging the respondent with
estafa. 1he accusatory portion of the 7nformation reads:
1hat on or about the &#th day of "ctober, 1$$/, in the 2ity of
Mandaluyong, !hilippines, a place within the jurisdiction of this
Donorable 2ourt, the above=named accused, being then !resident and
2hairman of Mediserv, 7nc., by means of deceit, false pretenses and
fraudulent representation, e@ecuted prior to or simultaneously with the
commission of the fraud, succeeded in inducing herein complainant,
*rsenio 1. ?g to give the amount of !1& Million, to the accused on his
prete@t that said amount will be converted by him into shares of stoc8
1&(,((( shares of stoc8s) and in order to complement such false
pretenses or fraudulent acts, he respondent) even showed a -oard
+esolution defining his authority to contract loan from the complainant
and the conversion of such loan into shares of stoc8, which, on the
strength by said manifestations and representations, the complainant
gave said amount and duly received by the accused, he 8nowing fully
well that the same were false and fraudulent and were only made to
entice complainant into believing that he, indeed, is empowered and in a
position to issue the eAuivalent number of shares of stoc8s 1&(,((() in
order to obtain, as in fact, he accused) obtained the total amount of !1&
Million from the complainant and the accused, once in possession of the
money, far from complying with his obligation to release the 1&(,(((
shares of stoc8s into complainantLs name, despite demands made on him
and, with intent to defraud, did then and there willfully, unlawfully and
feloniously misappropriate, misapply and convert said amount, to his
own personal use and benefit, to the damage and prejudice of *rsenio 1.
?g, in the aforementioned amount of !1& Million. D7*5S2
2"?1+*+I 1" ,*J. '
-efore the 7nformation was filed, the *mbulatory Dealth 2are
7nstitute, 7nc. *D277), also 8nown as 2linica Manila 2M), and the
Dealth 2hec8, 7nc. D27) filed a 2omplaint on "ctober &&, 1$$4 with
the Securities and 5@change 2ommission S52) against the respondent
and a certain :>ohn <oe9 for injunction and damages. 1he case was
doc8eted as S52 2ase ?o. 1(=$4=04$#. 1he petitioners therein alleged,
inter alia, that a special meeting of the stoc8holders of 2M was held on
"ctober $, 1$$4 after due notice to the respondent two wee8s before the
said date. <uring the said meeting, the stoc8holders elected a new board
of directors, replacing the respondent as 2M president. 1hereafter, at
':(( p.m. of "ctober 1', 1$$4, the respondent and an unidentified
companion arrived at the 2M office at SM Megamall, announced that he
was still the president, and rallied the officers and employees against the
new board of directors. <espite the security guardsL reAuest for him to
leave the premises, the respondent refused to do so. De, thereafter, wrote
the 2hina -an8ing 2orporation, the depository ban8 of 2M, reAuesting
it not to honor any change in the authoriBed signatories for 2M, and
appended thereto a falsified %eneral 7nformation Sheet %7S) to show
that he was still a member of the board of directors and president of 2M.
7t was prayed that, after due proceedings, judgment be rendered:
JD5+5E"+5, it is respectfully prayed of this Donorable
2ommission to adjudge that respondent be ordered:
1. ?ot to do any act or deed that will disturb or interfere with the
operations and business of the petitioners, and not to cause any alarm,
scandal, disturbance, intrigue, disloyalty, disorder, or defiance on the
part of any sic) employees, officers, contractors, wor8ers of 2,7?72*
M*?7,* and D5*,1D 2D526, 7?2.3
&. ?ot to do any act that will interfere with or disturb the
management and operation of the funds, ban8 accounts, receivables, and
all other property transactions of the petitioners, and to stop representing
themselves as having any 8ind of power and authority over any asset of
the two companies and their management3
'. ?ot to do any act or deed, directly or indirectly, that will dishonor
the name and reputation of the petitioners3
#. 1o pay actual damages of !1,(((,(((3 moral damages of
!&,(((,(((3 and e@emplary damages of !0((,(((3 and to pay the costs
of suit. #
"n "ctober &', 1$$4, *D277, Mediserv, 7nc. M7) and the respondent,
filed a 2omplaint with the S52 against *rsenio 1. ?g, 6elly S.
Salvador, *ntonio +oberto M. *baya, -artolome 2. Eelipe, >r., >oel
*banilla and ?onette 2. Mina. 1he complainants alleged, inter alia, that
they had been stoc8holders of *D277 since *ugust 1$$0, and
represented a majority of the outstanding capital stoc8, owning 0&.'4Z
and /.(.Z, respectively, as shown by the %7S dated "ctober 10, 1$$4
filed with the S523 the respondent was the incumbent chairman of the
board of directors and president of *D2773 and there was no Auorum
during the stoc8holdersL meeting of "ctober $, 1$$43 as such, the said
meeting where a new set of board of directors and officers were, elected
was in violation of the by=laws of the complainant *D277 and,
conseAuently, illegal. 1he complainants prayed that the following reliefs
be granted after due proceedings: c<D*5S
a) <eclaring the Jrit of !reliminary 7njunction earlier issued as
permanent3
b) *djudging the Special Stoc8holdersL Meeting purportedly held on
"ctober $, 1$$4 as null and void ab initio3
c) *djudging any action, proceeding, resolution, and)or election made
in the alleged stoc8holdersL meeting purportedly held on "ctober $,
1$$4 as null and void ab initio3
d) *djudging respondents *rsenio 1. ?g, 6elly S. Salvador, *ntonio
+oberto M. *baya, -artolome 2. Eelipe, >r., >oel *banilla and ?onette
2. Mina, jointly and severally, liable to pay to complainant <eliBo moral
damages of not less than !1,(((,(((.((3
e) *djudging respondents *rsenio 1. ?g, 6elly S. Salvador, *ntonio
+oberto M. *baya, -artolome 2. Eelipe, >r., >oel *banilla and ?onette
2. Mina, jointly and severally, liable to pay to the complainants, as
follows:
i. 5@emplary damages of not less than !0((,(((.((3
ii. *ctual damages not less than !&0(,(((.((3
iii.*ttorneyLs fee of !&((,(((.((3
iv. 2osts of litigation.
"ther eAuitable reliefs are prayed for. 0
1he case was doc8eted as S52 2ase ?o. 1(=$4=04$/.
7n the meantime, Mediserv, 7nc., represented by its president, the
respondent, and its treasurer, Marissa <. <eliBo, filed a complaint with
the +12 of Manila, -ranch &$, against the 2hina -an8ing 2orporation,
the ,andheights 7loilo) <evelopment 2orporation, ?otary !ublic
+omeo *. 7gnacio, >r. and the +egistrar of <eeds for the 2ity of Manila.
*n amended complaint was later filed, where it was alleged, inter alia,
that M7 received a loan from the ban8 in the amount of !$,.&(,(((, later
increased to !11,&((,(((. 1o secure the payment of the said loan, M7
e@ecuted a real estate mortgage and amendment to real estate mortgage
over its property covered by 1ransfer 2ertificate of 1itle 121) ?o.
&(0.&# of the +egister of <eeds of Manila. M7 also e@ecuted a
promissory note on "ctober 0, &((( in favor of the ban8 in the amount
of !11,&((,(((. 1he ban8, thereafter, foreclosed the mortgage and sold
the property at public auction in favor of the ban8 for !10,/#$,(&'.&$,
through defendant ?otary !ublic +omeo *. 7gnacio, >r. 7t was prayed
that, after due proceedings, it be granted the following reliefs:
JD5+5E"+5, it is most respectfully prayed of this Donorable 2ourt
that:
1. 7mmediately upon filing of this 2omplaint, this Donorable 2ourt
issues a Jrit of !reliminary 7njunction, or at least a 1emporary
+estraining "rder enjoining and restraining defendant +egister of <eeds
from effecting)allowing the registration or annotation of the purported
auction sale of plaintiffLs property covered by 121 ?o. &(0.&# of the
+egister of <eeds for the 2ity of Manila in favor of defendant
,andheights, or any transaction, dealing or incident arising from the
purported auction sale allegedly conducted by defendant 7gnacio until
further orders from this Donorable 2ourt.
&. *fter hearing, to render >udgment, as follows:
a. <eclaring the Jrit of !reliminary 7njunction earlier issued as
permanent3
b. <eclaring the alleged public auction sale conducted by defendant
7gnacio over the subject plaintiffLs property, as null and void3
c. "rdering and commanding <efendant 2hina -an8 to comply and
to reduce into writing and)or to document its agreement with plaintiff to
consolidate the first !0 million loan of plaintiff with it with the
plaintiffLs second loan of !1,.((,(((.((3 2*a<1D
d. *djudging defendants 2hina -an8ing 2orporation, ,andheights
7loilo) <evelopment 2orporation and +omeo *. 7gnacio, >r., jointly and
severally, liable to pay to plaintiff the following:
1. *ttorneyLs Eees in the amount of !&((,(((.((3 and
&. 2osts of suit.
"ther eAuitable reliefs are prayed for. /
1he case was doc8eted as 2ivil 2ase ?o. F=$4=./10&.
"n <ecember ', 1$$4, the 7nformation for estafa against the
respondent was filed with the +12 of Mandaluyong 2ity and raffled to
-ranch &1#. 1he case was doc8eted as 2riminal 2ase ?o. 1/4=M<. 1he
private prosecutor filed an e@ parte motion for preliminary attachment,
which was opposed by the respondent. "n <ecember 1., 1$$., the trial
court issued an "rder 4 directing the issuance of a writ of preliminary
attachment on a bond of !.,(((,(((. 1he respondent filed a motion for
reconsideration of the order with a prayer for the suspension of the
proceedings on the ground of the e@istence of a prejudicial Auestion on
<ecember &', 1$$..
*s early as >anuary 1', 1$$., the trial court in -ranch &1' issued an
"rder denying the motion to suspend proceedings on the ground that the
private complainant, *rsenio 1. ?g, was not a stoc8holder of M73 hence,
the pendency of the two &) S52 cases was not a ground for the
suspension of the case. "n Eebruary 1, 1$$$, the trial court issued the
assailed "rder denying the motion for reconsideration.
"n Eebruary 1$, 1$$$, the respondent filed a !etition for 2ertiorari
with the 2ourt of *ppeals, doc8eted as 2*=%.+. S! ?o. 0($$0, for the
nullification of the "rders of the trial court, contending as follows:
/.*.) 1D5 +5S!"?<5?1 >C<%5 %+*;5,I *-CS5< D7S
<7S2+517"? *?< *215< 7? 5P25SS *?<)"+ J71D"C1
>C+7S<7217"? 7? "+<5+7?% 1D5 7SSC*?25 "E * J+71 "E
!+5,7M7?*+I *11*2DM5?1 %+"SS,I 7%?"+7?% 1D5
5S1*-,7SD5< +C,5 1D*1 *!!,72*17"?S E"+ * J+71 "E
!+5,7M7?*+I *11*2DM5?1 MCS1 -5 S1+721,I
2"?S1+C5< *%*7?S1 1D5 *!!,72*?1 *?< ,7-5+*,,I 7?
E*;"+ "E 1D5 !*+1I *%*7?S1 JD"M 71 7S <7+5215<.
/.-.) 1D5 +5S!"?<5?1 >C<%5 %+*;5,I *-CS5< D7S
<7S2+517"? *?< *215< 7? 5P25SS *?<)"+ J71D"C1
>C+7S<7217"? 7? "+<5+7?% 1D5 7SSC*?25 "E 1D5
!+5,7M7?*+I *11*2DM5?1 <5S!715 1D5 2,5*+ SD"J7?%
1D*1 1D5 27;7, *S!521 "E 1D5 2+7M7?*, 2*S5 7S
*,+5*<I 2";5+5< -I 2*S5S -5E"+5 1D5 S52C+7175S *?<
5P2D*?%5 2"MM7SS7"? *?< 1D5 +5%7"?*, 1+7*, 2"C+1
"E M*?7,*3 D5?25, 1D5+5 7S ?" 27;7, *S!521 *11*2D5<
*?<)"+ <55M5< 7?S171C15< J71D 1D5 2+7M7?*, 2*S5.
DS7*<c
/.2.) 1D5 +5S!"?<5?1 >C<%5 %+*;5,I *-CS5< D7S
<7S2+517"? *?< *215< 7? 5P25SS *?<)"+ J71D"C1
>C+7S<7217"? 7? "+<5+7?% 1D5 7SSC*?25 "E * J+71 "E
!+5,7M7?*+I *11*2DM5?1 "? * !1& M7,,7"? 2,*7M !5+
1D5 7?E"+M*17"? J71D "?,I !. M7,,7"? -"?<3 D5?25,
%+"SS,I 7?SCEE7275?1, 7M!+"!5+ *?< C?+5*S"?*-,5.
/.<.) 1D5 +5S!"?<5?1 >C<%5 %+*;5,I *-CS5< D7S
<7S2+517"? *?< *215< 7? 5P25SS *?<)"+ J71D"C1
>C+7S<7217"? 7? M5+5,I +5,I7?% "? 1D5 *,,5%*17"?S
"E 1D5 5P !*+15 M"17"? E"+ 7SSC*?25 "E * J+71 "E
!+5,7M7?*+I *11*2DM5?1 JD72D *+5 ?"1 SC!!"+15<
-I *EE7<*;71)S *S +5FC7+5< C?<5+ 1D5 +C,5S.
/.5.) 1D5 +5S!"?<5?1 >C<%5 %+*;5,I *-CS5< D7S
<7S2+517"? *?< *215< 7? 5P25SS *?<)"+ J71D"C1
>C+7S<7217"? 7? ?"1 SCS!5?<7?% 1D5 !+"255<7?%S 7?
1D5 SC->521 2+7M7?*, 2*S5 7? ;75J "E 1D5 !+5S5?25 "E
!+5>C<727*, FC5S17"?S 7? 1D5 S52 2*S5S *?< 1D5 +12
2*S5 JD72D *+5 <515+M7?*17;5 "E 1D5 7??"25?25 "+
%C7,1 "E 1D5 *22CS5<, 1D5 D5+57? !51717"?5+.
/.E.) 1D5 +5S!"?<5?1 >C<%5 %+*;5,I *-CS5< D7S
<7S2+517"? *?< *215< 7? 5P25SS *?<)"+ J71D"C1
>C+7S<7217"? 7? <5?I7?% 1D5 M"17"? 1" <7SFC*,7EI
!+7;*15 !+"S52C1"+ -5E"+5 1D5 S*7< M"17"? 2*? -5
D5*+<3 D5?25, * 2,5*+ *?< !*,!*-,5 ;7",*17"? "E <C5
!+"25SS.
/.%.) 1D5 +5S!"?<5?1 >C<%5 %+*;5,I *-CS5< D7S
<7S2+517"? *?< *215< 7? 5P25SS *?<)"+ J71D"C1
>C+7S<7217"? 7? ?"1 <7SFC*,7EI7?% 1D5 !+7;*15
!+"S52C1"+ <5S!715 1D5 2,5*+ SD"J7?% 1D*1 1D5
27;7, *S!521 "E 1D5 SC->521 2+7M7?*, 2*S5 7S
!+5S5?1,I ,717%*15< *?<)"+ 1D5 SC->521 "E S5!*+*15
*217"?S -5E"+5 1D5 S52 *?< 1D5 +12. .
"n >anuary 1., &(((, the 2* rendered a <ecision granting the
petition and nullifying the assailed "rders of the trial court, as well as
the writ of preliminary attachment it issued. 1he fallo of the decision
reads:
JD5+5E"+5, the petition is given due course. 1he assailed "rders
of <ecember 1., 1$$. and Eebruary 1, 1$$$, as well as the writ of
attachment are hereby set aside. 1he respondent >udge of the +egional
1rial 2ourt, Mandaluyong 2ity, -ranch &1#, is hereby directed to
suspend proceedings of 2riminal 2ase ?o. 1/4=M< considering the
e@istence of a prejudicial Auestion in S52 2ases ?os. 1(=$4=04$# and
1(=$4=04$/ and 2ivil 2ase ?o. $4=./10&.
S" "+<5+5<. $
1he !resent !etition
1he !eople of the !hilippines, now the petitioner, filed its petition for
review on certiorari with this 2ourt, on the following grounds:
!ublic interest reAuires that all criminal acts be immediately
investigated and prosecuted for the protection of society %orospe vs.
!ana Elorida, 1(1 S2+* ##0). 1hus, the suspension of criminal
proceedings must be avoided unless the basis and grounds thereof are
clear and unmista8able. c*2DS5
1he finding of the trial court that the criminal case, the civil case filed
with the +egional 1rial 2ourt +12) at Manila and the cases filed with
the Securities and 5@change 2ommission S52) are based on the same
transaction is grounded entirely on speculation. 1he complaints filed
with the +12 and S52 cases do not support such finding.
Moreover, in ruling that a prejudicial Auestion e@ists, the court based
its finding solely on its conclusion that the criminal, civil and S52 cases
arose out of the same transaction. 1his is contrary to Sec. 0, +ule 111 of
the +ules of 2ourt and the ruling of the Supreme 2ourt that for a civil
case to be considered prejudicial to a criminal action, it must appear not
only that the civil case involves the same facts upon which the criminal
prosecution is based, but also that the resolution of the issues raised in
said civil action would be necessarily determinative of the guilt or
innocence of the accused +as vs. +asul, 1(( S2+* 1&0). 1(
1he petitioner, thus, raises the following issues for resolution:
7
JD51D5+ "+ ?"1 1D5 2+7M7?*,, 27;7, *?< S52 2*S5S
*+5 -*S5< "? 1D5 S*M5 1+*?S*217"?.
77
JD51D5+ "+ ?"1 1D5 2*S5S E7,5< J71D 1D5 S52 *?<
1D5 27;7, 2*S5 E7,5< J71D 1D5 +12 +*7S5 !+5>C<727*,
FC5S17"?S JD72D J"C,< ?525SS71*15 1D5 SCS!5?S7"?
"E 1D5 2+7M7?*, *217"? E"+ 5S1*E*.
2entral to the issues in the case at bar are Sections 0 and /, +ule 111
of the +ules of 2ourt, 11 which read:
Sec. 0. 5lements of prejudicial Auestion. S 1he two &) essential
elements of a prejudicial Auestion are: a) the civil action involves an
issue similar or intimately related to the issue raised in the criminal
action3 and b) the resolution of such issue determines whether or not the
criminal action may proceed. <a172c
Sec. /. Suspension by reason of prejudicial Auestion. S * petition
for suspension of the criminal action based upon the pendency of a
prejudicial Auestion in a civil action may be filed in the office of the
fiscal or the court conducting the preliminary investigation. Jhen the
criminal action has been filed in court for trial, the petition to suspend
shall be filed in the same criminal action at any time before the
prosecution rests. 1&
1he petitioner asserts that the issues involved in 2riminal 2ase ?o.
1/4=M< for estafa are entirely different from and unrelated to the issues
in the S52 cases and in 2ivil 2ase ?o. $4=./10& pending before the
+12 of Manila. 7t asserts that, contrary to the rulings of the appellate
court, the said cases are based on facts and transactions different from
those in the criminal case. *ccording to the petitioner, the resolution of
the issues in the S52 and the civil cases are not determinative of the
guilt or innocence of the respondent in the criminal case3 hence, the
suspension of the proceedings in the criminal case was barren of factual
and legal bases.
"n the other hand, the 2* held that the !1&,(((,((( subject of the
transaction in the criminal case was the same amount involved in the
S52 cases and the civil case. 1he 2* then concluded that the issues
raised or involved in such cases were determinative of the guilt or
innocence of the respondent in the criminal case, warranting the
suspension of the latter case.
1he +uling of the 2ourt
1he petition is meritorious.
7n case the civil action is instituted ahead of the criminal action, under
Section &, +ule 111 of the +ules of 2ourt, the civil action shall be
suspended in whatever stage it may be found before judgment on the
merits upon the commencement of the criminal action. Such criminal
action has precedence over the civil action to enforce the civil liability of
the accused arising from the delict. *n e@ception is where the prejudicial
Auestion e@ists, under Sections 0 and /, +ule 111 of the +ules of 2ourt,
as amended.
7f the issues raised in a civil action are so similar or intimately related
to those in the criminal case such that the resolution of the said issues in
the civil case are determinative of the juris et de jure of the guilt or
innocence of the accused in the criminal case, the proceedings in the
latter case shall be suspended and the civil action shall proceed until
judgment on its merits. 1' * prejudicial Auestion is one based on a fact
distinct and separate from the crime because if both actions arose from
the same fact or transaction, the civil case does not constitute a
prejudicial Auestion to the determination of the criminal action. 1#
?either is there a prejudicial Auestion if the civil and the criminal actions
can, according to the law and rules, proceed independently of each other.
10 1he rationale behind the principle of prejudicial Auestion is to avoid
two conflicting decisions. 1/
7n this case, the transaction subject of the criminal case for estafa
against the respondent is the receipt of the amount of !1&,(((,((( from
the private complainant, ?g, which was intended for the purchase of
1&(,((( shares of stoc8s of M7. *ccording to the 7nformation in
2riminal 2ase ?o. 1/4=M<, the respondent used the money for his
personal benefit instead of purchasing the said shares in behalf of ?g.
1he event or occurrence subject of S52 2ase ?o. $4=04$# filed by the
*D277 and the D27 against the respondent was the latterLs refusal to
vacate the office of the president, and his insistence on performing and
e@ercising the duties and powers of the said office, as well as the
chairmanship of the board of directors of the said corporation despite his
alleged ouster from the said positions. 1he plaintiff corporations sought
a writ of injunction and relief for damages against the respondent.
?either ?g nor the M7 were parties in the said case. "n the other hand,
S52 2ase ?o. $4=04$/ was filed by the respondent and several others,
for and in representation of the *D277 and the M7, as the plaintiffs, to
nullify the "ctober $, 1$$4 stoc8holdersL meeting and the election of the
board of directors and officers held thereon, anchored on their claim that
they owned majority of the outstanding capital of the *D277, and that
the said meeting and election subseAuently held were null and void. *s
in S52 2ase ?o. $4=04$#, ?gLs projected investment of !1&,(((,((( in
the M7 which, as alleged in the 7nformation, the respondent had misused
for his personal benefit, was not the subject of S52 2ase ?o. $4=04$/.
1here is even no showing in the S52 cases that ?g claimed to be a
stoc8holder of the M7 on account of the respondentLs receipt of the
!1&,(((,((( for the intended purchase of 1&(,((( shares of stoc8s
therein.
1hese issues are not, in any way, determinative of the guilt or
innocence of the respondent in the criminal case for estafa. Jhether the
said meeting and elections will be declared null and void by the S52
will not result in the conviction or acAuittal of the respondent for estafa,
for swindling ?g of !1&,(((,(((. Eurthermore, the S52 cases involve
intra=corporate disputes between the respondent, on the one hand, and
?g and the other stoc8holders of the *D277, on the other, for the control
of the said corporationLs management. 7t must be stressed that the
petitions before the S52 are bare of allegations relating to the alleged
!1&,(((,((( received by the respondent from ?g, and intended for the
latterLs purchase of 1&(,((( shares of stoc8s in the M7. S57<*2
7n his petition with the 2*, the respondent alleged that in the S52
cases, the M7 insisted that the !1&,(((,((( received by him was a mere
loan3 that he would not be liable of estafa if he could prove the same. 14
*ccording to the respondent, ?g alleged in the said S52 cases that he
and the members of his group became the major and controlling
stoc8holders in *D277 because of the infusion of !1&,(((,((( by ?g.
"n the other hand, the respondent averred in his comment on the instant
petition that the !1&,(((,((( he received from ?g referred to *D277
shares of stoc8s owned by M7. 1. * cursory reading of the 7nformation
will show that the !1&,(((,((( was intended for the purchase of 1&(,(((
shares of stoc8s of the M7, and not of the *D277. 5ven the 2* in its
decision declared that the !1&,(((,((( was intended for ?gLs purchase
of shares of stoc8s in the M7: *2a5cD
*s regard the motion to suspend the proceedings in GtheH Auestioned
criminal case in view of the presence of a prejudicial Auestion in the
S52 cases, petitioner insists in that the :nature of the subject transaction
involving the alleged !1& million of Mr. 2usencio sic) 1. ?g which is
the subject of the case at bar, is, li8ewise, the subject of the consolidated
S52 cases.9 * perusal of the complaints p. 4$, +ollo) filed with the
S52 S52 2ases ?os. 1(=$4=04$# and 1(=$4=04$/) and the +egional
1rial 2ourt of Manila shows that there really e@ists a prejudicial
Auestion. 7t appears, as claimed by private respondent, that the amount
of !1& million subject of the instant 2riminal 2ase for 5stafa was given
to petitioner to be diverted into shares of stoc8s from Mediserv, 7nc.,
while the petitioner averred that the amount was given as a loan. 1hus, it
is clear that the nature of the transaction involving the !1& million of
private respondent in the criminal case is the same as the cases before
the S52 and the 2ivil 2ase F=$4=..10& sic) in the +egional 1rial 2ourt
of Manila. 1$
Moreover, the respondent failed to submit to the 2* the answer and
other pleadings filed by ?g as well as the pleadings of the stoc8holders
of the *D277 in the S52 cases, containing allegations that they became
the majority and controlling stoc8holders of the *D277 because of the
infusion of !1&,(((,(((. Such pleadings would have bolstered the
respondentLs stance in this case, and debilitated that of the petitioner
herein.
Je agree with the petitionerLs contention that the issue of whether or
not the !1&,(((,((( was merely a loan by ?g in favor of the M7 is a
matter of defense by the respondent in the criminal case.
1he transaction subject of the civil case is the loan procured by the
M7 in the amount of !$,.&(,(((, later increased to !11,&((,(((, from
the 2hina -an8ing 2orporation, the payment of which was secured by a
real estate mortgage and amended real estate mortgage over its property
in Sampaloc, Manila. 1he M7 sought to nullify the e@trajudicial
foreclosure of the said mortgage and the sale of its property at public
auction, on its allegation that it did not breach its contract with the ban8.
1he respondentLs agreement with ?g for the purchase of 1&(,((( shares
of stoc8s in the M7, as well as the alleged misappropriation of the
amount of !1&,(((,((( by the respondent, is not the subject matter of
the civil case. ?g is not even a party thereto3 neither was he privy to the
said transaction between the respondent and the M7, and the 2hina
-an8ing 2orporation involving the said loan.
7n sum, the outcome of the civil case is not, in any way, determinative
of the guilt or innocence of the respondent in the criminal case. 1he 2*
thus erred in granting the petition of the respondent and nullifying the
assailed orders of the trial court.
7? ,7%D1 "E *,, 1D5 E"+5%"7?%, the petition is %+*?15<.
1he assailed <ecision of the 2ourt of *ppeals is S51 *S7<5. 1he
"rders of the +egional 1rial 2ourt of Mandaluyong 2ity dated
<ecember 1., 1$$. and Eebruary 1, 1$$$ are +57?S1*15<. ?o costs.
S" "+<5+5<. 2*aS5<
!uno, *ustria=MartineB, 1inga and 2hico=?aBario, >> ., concur.
1D7+< <7;7S7"?
G%.+. ?o. 1'$/00. >uly &4, &(((.H
E7+S1 !+"<C25+S D",<7?%S 2"+!"+*17"?, petitioner, vs.
,C7S 2", respondent.
< 5 2 7 S 7 " ?
!*?%*?7-*?, > p:
* criminal proceeding, as a rule, may be suspended upon a showing
that a prejudicial Auestion determinative of the guilt or innocence of the
accused is the very issue to be decided in a civil case pending in another
tribunal. Dowever, such suspension cannot be allowed if it is apparent
that the civil action was filed as an afterthought for the purpose of
delaying the ongoing criminal action. 1<a*DS
1his e@ception applies especially in cases in which the trial court
trying the criminal action has authority to decide such issue, and the civil
action was instituted merely to delay the criminal proceeding and
thereby multiply suits and ve@ the court system with unnecessary cases.
!rocedural rules should be construed to promote substantial justice, not
to frustrate or delay its delivery.
Statement of the 2ase
-efore this 2ourt is a !etition for +eview on 2ertiorari 1 under +ule
#0 of the +ules of 2ourt, see8ing a reversal of the May 1(, 1$$$
<ecision & of the 2ourt of *ppeals ' 2*) in 2*=%.+. S! ?o. #$4(1.
75c<2a
1he dispositive portion of the assailed <ecision reads as follows:
RJD5+5E"+5, premises considered, the "rders dated Eebruary &4,
1$$. and "ctober $, 1$$. are hereby *??C,,5< and S51 *S7<5,
and respondent judge is hereby <7+5215< 1" SCS!5?< the
proceedings in 2riminal 2ase ?o. $4=4'# to await the outcome of 2ivil
2ase ?o. $4=&//'.R #
1he Eebruary &4, 1$$. "rder 0 of the +egional 1rial 2ourt +12)
which was set aside by the 2*, disposed as follows:
R1he M"17"? 1" SCS!5?< on grounds of prejudicial Auestion and
to reset arraignment is hereby <5?75< for lac8 of merit.R /
1he Eacts
1he undisputed facts are summariBed by the 2ourt of *ppeals as
follows:
R"n March 1', 1$$4, . . . *rmand M. ,una filed a criminal complaint
for estafa and perjury against Gherein respondentH ,uis ,. 2o in the
"ffice of the 2ity !rosecutor of Manila, doc8eted as 7.S. ?o. $4=1(.$&.
!ertinent portion of the complaint is hereby Auoted as follows:
X&. "n ?ovember &0, 1$$4, in the regular meeting of the -oard of
<irectors of the !roducers -an8 of the !hilippines held at Manhattan
-ldg. ?ueva Street, Manila, a resolution was adopted authoriBing the
corporation to purchase three ') proprietary shares of Manila !olo 2lub
to be placed in the names of Messrs. 2o -un 2hun, Denry 2o and ,uis
2o to be held by them on behalf of the corporation which is evidenced
by the attached *??5P X2X: DS<a12
X'. 7n accordance with said resolution, the corporation purchased said
proprietary shares in the name of the nominees, one of which was placed
in the name of Mr. ,uis ,. 2o as evidenced by !roprietary Membership
2ertificate ?o. &(' dated >uly &, 1$4$, hereto attached as *??5P <3
X#. "n March 14, 1$$#, after the separation from the service of Mr.
,uis ,. 2o, Ms. *melita E. -autista demanded from him the transfer of
the subject certificate in the name of the corporation as evidenced by a
letter dated March 1/, 1$$# attached hereto as *??5P X5X3
X0. <espite his duty to assign the certificate bac8 to the corporation
and the subject demand, Mr. ,C7S ,. 2", on *pril &/, 1$$#, instead
registered the loss of the said proprietary share with Manila !olo 2lub
7nc. by e@ecuting a false *ffidavit of ,oss and subseAuently, he was able
to secure a replacement certificate ?o. ##0# in his name after allegedly
complying with the legal reAuirements for the replacement of lost
certificates. 1his is evidenced by the letter dated September 0, 1$$/
signed by +amon -. SalaBar, %eneral Manager of Manila !olo 2lub,
7nc., hereto attached as *??5P XEX3
X/. 7n so doing, Mr. ,uis ,. 2o misrepresented himself to be the
legitimate owner of subject share and by e@ecuting a false affidavit, he
made it appear that 2ertificate ?o. &(' was lost despite the fact that said
certificate is e@isting and remains in possession of the corporation3
X4. 1hat on Eebruary (/, 1$$4, another demand was made upon Mr.
,uis ,. 2o to deliver to us the newly issued Manila !olo 2lub
2ertificate ?o. ##0# and to e@ecute a <eed of *ssignment in favor of a
new nominee. Said demand is evidenced by the attached letter dated
Eebruary /, 1$$4 signed by *tty. !edro M. Malabanan, *??5P X%X
hereof3
X.. 1hat the value of said certificate is E7;5 M7,,7"? S7P
DC?<+5< E7E1I 1D"CS*?< !5S"S !0,/0(,(((.(() as of *pril
1$$/ as evidenced by a certification dated "ct. (', 1$$/ hereto attached
as *??5P XDX3
X$. <espite subject demand, Mr. ,uis ,. 2o failed and GhasH
continuously failGedH to deliver the subject certificate to the corporation
and to e@ecute a <eed of *ssignment in favor of the nominee of the
corporation to the damage and prejudice of the latter3
X1(. 1hat said act of Mr. ,uis 2o constitutes misappropriation or
conversion of something given to him in trust to the prejudice of the
ban83X Sc1a5*
R*fter the filing of G2oXsH counter affidavit and after consideration of
necessary pleadings appended thereto, GtheH 2ity !rosecutor
recommended the filing of estafa and perjury against himH. 1hus, the
"ffice of the 2ity !rosecutor filed GanH information for estafa against
GhimH in the +egional 1rial 2ourt of Ma8ati doc8eted as 2riminal 2ase
?o. $4=4'# and another information for perjury was filed in the
Metropolitan 1rial 2ourt of Ma8ati.
RCnsatisfied, G2oH appealed the resolution of the 2ity !rosecutor to
the <epartment of >ustice but was dismissed by the latter in aGnH order
dated "ctober &, 1$$4.
R"n ?ovember 1/, 1$$4, during the pendency of the criminal case,
G2oH filed an action for damages against *rmand ,una and Eirst
!roducers Doldings complainant in the criminal case filed) with the
+egional 1rial 2ourt of Ma8ati, and was doc8eted as 2ivil 2ase ?o. $4=
&//'. 7n the said complaint, GheH claimed ownership over Auestioned
Manila !olo 2lub !roprietary Share ?o. &('.
R"n <ecember 1(, 1$$4, G2oH filed a motion for suspension of the
case and his arraignment thereon but was denied by Gthe trial courtH in an
order dated Eebruary &4, 1$$..R 4
+uling of the 2ourt of *ppeals
1he 2ourt of *ppeals e@plained that a prejudicial Auestion is a
Auestion which ariseGsH in a case, the resolution of which is a logical
antecedent of the issue involved in said case, and the cogniBance of
which pertains to another tribunal. . *nd based on the above definition,
it ruled that the reAuisites for the e@istence of a prejudicial Auestion were
present in the case at bar. Should the ownership of the share in Auestion
be decided in favor of ,uis 2o, there would be no basis for the charge of
estafa against him. 1he 2* added that respondentXs belated filing of the
civil case did not detract from the correctness of his cause, since a
motion for suspension of a criminal action based on the pendency of a
prejudicial action may be filed at any time before the prosecution rests.
<751c2
Dence, this !etition. $
7ssues
!etitioner attributes to the 2* the following errors:
R*. 1he 2ourt of *ppeals committed grave and reversible error in
finding that a prejudicial Auestion e@ists with respondentXs filing of 2ivil
2ase ?o. $4=&//'.
-. 1he 2ourt of *ppeals committed grave and reversible error in
directing the suspension of 2riminal 2ase ?o. $4=4'# pending
resolution of 2ivil 2ase ?o. $4=&//'.R 1(
7n the main, the 2ourt will resolve the propriety of the suspension of
the criminal proceedings based on the alleged prejudicial Auestion.
1he 2ourtXs +uling
1he !etition is meritorious.
Main 7ssue:
5@istence of a !rejudicial Fuestion
5choing the appellate courtXs position, respondent maintains that the
issue of ownership of the Manila !olo 2lub share, which was raised in
the civil action, constitutes a prejudicial Auestion warranting the
suspension of the criminal case for estafa. De argues that his guilt or
innocence may be determined only after the issue of ownership has been
resolved. De further contends that the prejudicial Auestion was
seasonably raised because the +ules provide that it may be made Rat any
time before the prosecution rests.R
!rejudicial Auestions are regulated by +ule 111 of the +ules of 2ourt,
as follows:
RS5217"? 0. 5lements of prejudicial Auestion. S 1he two &)
essential elements of a prejudicial Auestion are: a) the civil action
involves an issue similar or intimately related to the issue raised in the
criminal action3 and b) the resolution of such issue determines whether
or not the criminal action may proceed.R
RS5217"? /. Suspension by reason of prejudicial Auestion. S
* petition for suspension of the criminal action based upon the pendency
of a prejudicial Auestion in a civil action may be filed in the office of the
fiscal or the court conducting the preliminary investigation. Jhen the
criminal action has been filed in court for trial, the petition to suspend
shall be filed in the same criminal action at any time before the
prosecution rests.R 1cD2<5
1rue, the Motion to Suspend the criminal case on the ground that a
prejudicial Auestion e@isted was raised before the prosecution restGedH.R
11 Dowever, the peculiar circumstances of this case clearly show that it
was merely a ploy to delay the resolution of the criminal case and ve@
the already overloaded court system with an unnecessary case.
2ivil 2ase
2learly <ilatory
1he criminal action for estafa had been lodged with the "ffice of the
2ity !rosecutor on March 1', 1$$4. Iet, respondent filed the civil case
only eight months later, on ?ovember 1., 1$$4. 7ndeed, as early as
1$$#, a written demand had already been served on him to return the
said share. 1& De did not contest petitionerXs claim3 in fact, he filed the
present civil action several months after the institution of the criminal
charge. ;erily, it is apparent that the civil action was instituted only as an
afterthought to delay the proceedings in the criminal case.
1he dilatory character of the strategy of respondent is apparent from
the fact that he could have raised the issue of ownership in the criminal
case. De himself admits that the issue of ownership may be raised in the
estafa case.
Iet, he resorts to subterfuge, arguing:
R. . . 1he resolution of the issue of ownership in 2riminal 2ase ?o.
$4=4'# would only be for the purpose of determining the guilt or
innocence of the respondent. 1he said issue may not be resolved with
finality in the same criminal proceedings, since the court a Auo would be
bound by what appears on the face of the Manila !olo 2lub !roprietary
Membership 2ertificate ?o. &('. 2onsidering that the subject
Membership 2ertificate clearly shows that the same is registered in the
name of the respondent, the same is conclusive evidence of his
ownership.R 1'
1his argument is bereft of merit. Je find no sufficient reason why the
trial court hearing the criminal case cannot resolve the Auestion of
ownership. Significantly, the civil action for recovery of civil liability is
impliedly instituted with the filing of the criminal action. 1# Dence,
respondent may invo8e all defenses pertaining to his civil liability in the
criminal action. 7n fact, there is no law or rule prohibiting him from
airing e@haustively the Auestion of ownership. *fter all, the trial court
has jurisdiction to hear the said defense. 1he rules of evidence and
procedure for the recovery of civil liabilities are the same in both
criminal and civil cases. 10
5Aually unmeritorious is respondentXs theory that the trial court trying
the criminal case would be bound by the Membership 2ertificate, which
was registered in his name and would thus be Rconclusive evidence of
his ownership.R 1/
7f the trial court would indeed consider the 2ertificate as conclusive
proof of his ownership, then such ruling would in fact be favorable to
him and give him no reason to file the civil suit. 7t J) be up to
petitioner, then, to disprove during the criminal proceedings his alleged
ownership.
"wnership 7s ?ot ?ecessarily
*n 5lement of 5stafa
7n any event, the issue of ownership is not a necessary element of
estafa, as held by the 2ourt in DernandeB v. 2ourt of *ppeals, which we
Auote: 75<D*1
R"wnership is not a necessary element of the crime of estafa . . . 7n
estafa the person prejudiced or the immediate victim of the fraud need
not be the owner of the goods. 1hus, *rticle '10 of the +evised !enal
2ode provides that X*ny person who shall defraud another it does not
say XownerX) by any means mentioned is that the loss should have fallen
on someone other than the perpetrators of the crime. . . . R 14
Eurthermore, to allow respondentXs stance is to open the floodgates, as
it were, to similar dilatory tactics. 7n this light, we reiterate hereunder
our earlier pronouncement:
RJere we to sanction the theory advanced by the respondents . . .,
there would hardly be a case for estafa that could be prosecuted speedily,
it being the easiest thing for the accused to bloc8 the proceedings by the
simple e@pedient of filing an independent civil action against the
complainant, raising therein the issue that he had not received from the
latter the amount alleged to have been misappropriated. * claim to this
effect is properly a matter of defense to be interposed by the party
charged in the criminal proceedings.R 1.
1he foregoing principle applies with eAual force in this case. 7ndeed,
the rules of procedure, including the rule on prejudicial Auestions, were
conceived to afford parties an e@peditious and just disposition of cases.
1his 2ourt will not countenance their misuse and abuse to frustrate or
delay the delivery of justice. 1$ 7n this light, the civil action may in fact
give rise to the evils of forum shopping.
JD5+5E"+5, the !etition is hereby %+*?15< and the assailed
<ecision of the 2ourt of *ppeals +5;5+S5< and S51 *S7<5. 1he
+egional 1rial 2ourt is ordered to proceed with the trial of 2riminal
2ase ?o. $4=4'# with all deliberate dispatch. ?o costs. ,,pr
S" "+<5+5<.
Melo, ;itug and %onBaga=+eyes, >> ., concur.
!urisima, > ., too8 no part.
S52"?< <7;7S7"?
G*.M. ?o. M1>=((=1&4#. >une ., &(((.H
>5!S"? <72D*;5S, complainant, vs. >C<%5 -7,,I M. *!*,71,
respondent.
< 5 2 7 S 7 " ?
M5?<"M*, > p:
1his is a complaint filed by >epson <ichaves against >udge -illy M.
*palit of -ranch #', Metropolitan 1rial 2ourt, FueBon 2ity for partiality
and gross ignorance of the law in connection with the latterXs handling of
2riminal 2ase ?os. &4.4#=4., entitled R!eople v. ?avarro,R for violation
of -atas !ambansa -lg. &&. 2dpr
1he facts are as follows:
"n >uly &$, 1$$#, complainant caused the filing of the five 0)
criminal cases against +amon ?avarro for violation of -.!. -lg. && on
the ground that five chec8s in the total amount of !/,1.(,(((.((, issued
by ?avarro against the Cnited 2oconut !lanters -an8, had all been
dishonored for insufficiency of funds.
7t appears that, on *ugust 11, 1$$#, +amon ?avarro filed with the
+egional 1rial 2ourt in FueBon 2ity a complaint, doc8eted as 2ivil 2ase
?o. F=$#=&1'#', for recovery of a sum of money against 5rnesto
Cyboco and %ai8o8u 2onstruction and <evelopment 2orporation
%2<2). 7n his complaint, ?avarro alleged that, upon his intercession,
Cyboco and %2<2 were able to obtain loans from complainant, to
guarantee which he ?avarro) issued the chec8s which became the
subject of the criminal cases filed against him. 7n return, Cyboco and
%2<2 allegedly issued postdated chec8s to ?avarro in the total amount
of !.,1#(,(((.((.
-ased on the filing of this case, ?avarro moved, on September $,
1$$#, for the suspension of the proceedings in the criminal cases,
alleging that the issue in the civil case was a prejudicial Auestion, the
resolution of which would determine the result of the criminal cases. 7n
his order, dated "ctober 0, 1$$#, respondent granted ?avarroXs motion.
2omplainant moved for a reconsideration of the order. !ending
resolution of the motion, ?avarro amended his complaint in 2ivil 2ase
?o. F=$#=&1'#' by impleading complainant as a defendant or an
unwilling co=plaintiff. ?avarro contended Cyboco and %2<2 S not he
S were liable to complainant for the amount of the chec8s.
"n >une 1$, 1$$0, respondent denied complainantXs motion,
prompting complainant to bring an action for certiorari in the 2ourt of
*ppeals. 2omplainant was upheld and the appellate court set aside
respondentXs order. 7t held that the issue in 2ivil 2ase ?o. F=$#=&1'#'
did not constitute a prejudicial Auestion.
Cpon resumption of the trial of the criminal cases, ?avarro ne@t
sought the disAualification of <ichavesX counsel as private prosecutor on
the ground that complainant had no right to intervene in the criminal
cases. +espondent again granted the motion, holding that the civil action
arising from crime was being tried in 2ivil 2ase ?o. F=$#=&1'#'.
2omplainant moved for reconsideration, arguing that he is merely an
unwilling co=plaintiff in 2ivil 2ase ?o. F=$#=&1'#' and that the
obligation owed him by Cyboco to ?avarro was different from that
owed by the latter to complainant. 2omplainant pointed out that
CybocoXs letters to him never mentioned anything about a guarantee
agreement to which ?avarro was a party and that the amount of
?avarroXs chec8s !/,1.(,(((.(() was in fact different from the amount
owed by Cyboco to ?avarro !.,1#(,(((.(().
"n "ctober &., 1$$4, respondent rendered a decision in the criminal
cases acAuitting ?avarro of violations of -.!. -lg. && on the ground that
the chec8s had been issued by ?avarro merely to guarantee CybocoXs
obligation to complainant.
2omplainant points out the following instances as showing
respondentXs gross ignorance of the law and manifest partiality: 1) the
suspension of the hearing in the criminal cases3 &) the disAualification
of complainantXs counsel on the ground that the civil aspect of the cases
was already being litigated in 2ivil 2ase ?o. F=$#=&1'#'3 and ') the
acAuittal of accused ?avarro on the ground that the chec8s he issued had
been issued merely to guarantee the obligation of other parties. 1he
"ffice of the 2ourt *dministrator, to which this case was referred, found
the complaint meritorious and recommended that >udge *palit be held
administratively liable.
*fter due consideration of this case, we find the recommendation
well ta8en.
Eirst. >udge *palit justifies his suspension of the hearing in the
criminal cases on the ground that the issues in that case and those in
2ivil 2ase ?o. F=$#=&1'#' are intertwined.
1he contention has no merit. * prejudicial Auestion is a Auestion
which arises in a case the resolution of which is a logical antecedent of
the issue involved in said case and the cogniBance of which pertains to
another tribunal. 1 *s provided in +ule 111, \0, a civil case constitutes a
prejudicial Auestion only if: a) the civil action involves an issue similar
or intimately related to the issue raised in the criminal action3 and b) the
resolution of such issue is determinative of whether or not the criminal
action may proceed.
7n the case at bar, even if ?avarro prevailed in the civil case filed by
him against Cyboco and %2<2, this result would not be determinative
of his guilt in the criminal prosecution for violation of -.!. -lg. && for it
is now settled that the mere issuance of worthless chec8s is punishable
under -.!. -lg. &&, and it is immaterial whether the chec8s have been
issued merely to guarantee another personXs obligation. &
7ndeed, at the time respondent ordered the suspension of the
proceeding in the criminal case, complainant was not a party to the civil
case. 7t is difficult to imagine how such case could affect ?avarroXs
criminal liability for issuing to complainant the chec8s which had been
dishonored. +espondent ordered the suspension of proceedings in the
criminal cases without even e@plaining how the resolution of the issues
in the 2ivil 2ase ?o. F=$#=&1'#' would determine the issues in the
criminal cases. +espondentXs order suspending the proceedings in the
criminal cases simply stated: dctai
"+<5+
* RMotion to Suspend !roceedingsR was filed by the *ccused, thru
counsel, praying that the proceedings of the case be temporarily
suspended pending the resolution of 2ivil 2ase ?o. F=$#=&1'#' entitled
+amon ?avarro vs. 5rnesto Cyboco and %ai8o8u 2onstruction and
<evelopment 2orp., pending before the +egional 1rial 2ourt, -ranch
&10, FueBon 2ity which is a prejudicial Auestion to the case at bar. 2opy
of the aforesaid motion was furnished the !ublic !rosecutor, however,
up to this date, no comment and)or opposition has been filed.
Einding the aforesaid motion to be well=ta8en, the case is granted.
1here was simply no basis for considering the issues in the civil
action as determinative of the issues in the criminal cases so as to
warrant the suspension of proceedings in the latter cases.
Second. >udge *palit contends there was no longer any justification
for the participation of complainantXs counsel in the criminal cases
because the civil aspect of those cases was already being litigated in
2ivil 2ase ?o. F=$#=&1'#'.
1his stance is based on a wrong assumption. +ule 111 of the +ules of
2riminal !rocedure provides:
S5217"? 1. 7nstitution of criminal and civil actions. S Jhen a
criminal action is instituted, the civil action for the recovery of civil
liability is impliedly instituted with the criminal action, unless the
offended party waives the civil action, reserves his right to institute it
separately, or institutes the civil action prior to the criminal action.
1here are thus three instances when the offended party in a criminal
case cannot ta8e part in the criminal prosecution, to wit: 1) if the civil
action has been waived3 &) if the right to institute a separate civil action
has been reserved3 and ') if the civil action was filed prior to the
criminal action.
?one of these actions was done by complainant so as to bar him or
his counsel from ta8ing part in the criminal prosecution. 2omplainant
did not bring 2ivil 2ase ?o. F=$#=&1'#'. 7t was ?avarro who did, and
he simply dragged complainant into the case by impleading him as a
defendant or an unwilling co=plaintiff. Jhat is more, 2ivil 2ase ?o. F=
$#=&1'#' was not the civil action arising from the crime, the subject of
2riminal 2ase ?os. &4.4#=4..
*s in his order suspending the trial of the criminal cases on the
ground of prejudicial Auestion, respondentXs order barring complainant
and the latterXs counsel from participating in the criminal prosecution
was laconic and did not state the basis, if any, thereof:
"+<5+
*cting on the RMotion to <isAualify !rivate !rosecutorR filed by the
accused, thru counsel, and the R"ppositionR thereto, the 2ourt after a
careful evaluation of the same, finds the former impressed with merit,
hence, is hereby %+*?15<.
1hird. +espondent acAuitted the accused in the criminal cases on the
ground that the chec8s were not issued Ron account or for value,R
because the chec8s had been issued merely to guarantee the loan of
another party. +espondent reasoned out that his court was Rnot only a
court of justice but also of eAuity and fairness,R and that Rto apply the
full harshness of the special law using the Xmala prohibitaX doctrine
would be tantamount to punishing the accused for the aforementioned
chec8s when it was not issued on account or for value as the
consideration of the loan was on account of 5rnesto Cybuco.R
1his ruling goes against a long line of cases in which this 2ourt held
that what -.!. -lg. && punishes is the issuance of a bouncing chec8 and
not the purpose for which it was issued nor the terms and conditions
relating to its issuance. *s already stated, the mere act of issuing a
worthless chec8 is malum prohibitum. ' Je have repeatedly held that
-.!. -lg. && applies even in cases where dishonored chec8s are issued
merely in the form of a guarantee. # +espondent disregarded not only
complainantXs citation of these cases but also the decision of the 2ourt of
*ppeals which, in reversing respondentXs prior order suspending the trial
of the criminal cases, stated:
1he civil case filed by private respondent is for collection of sum of
money with damages and involves an issue different from the issue
involved in the criminal cases filed by the petitioner against private
respondent. 1he issue involved in the civil case is whether or not the
defendants Cybuco and %2<2 can be held liable to therein plaintiff=
herein private respondent for the amounts stated in the chec8s they
issued in his favor3 whereas the issue involved in all the criminal cases is
whether or not private respondent could be found guilty under -.!. -lg.
&& for the dishonor of the chec8s he issued in favor of petitioner.
*s correctly pointed out by petitioner and the Solicitor %eneral, the
resolution of the issue raised in the civil action would not in any way
determine the guilt or innocence of private respondent in the criminal
cases. Eor even granting that the civil case is resolved in favor of private
respondent resulting in the satisfaction of the amounts covered by the
dishonored chec8s subject of that case, it would not as a matter of
conseAuence dissolve or obliterate private respondentXs culpability under
-.!. &&.
!rivate respondentXs assertion that he issued the chec8s subject of the
criminal cases to petitioner merely to serve as guarantee to Cyboco and
%2<2Xs loan, even if true, would not be material and determinative of
his innocence in light of the well settled rule that what -.!. -lg. &&
punishes is the issuance itself of a bouncing chec8 and not the purpose
for which it was issued nor the terms and conditions relating to its
issuance !eople v. ?itafan. &10 S2+* 4$, .# G1$$&H). Eor to reAuire
that the agreement surrounding the issuance of chec8s be first loc8ed
into and thereafter e@empt such issuance from the punitive provisions of
-.!. -lg. && on the basis of such agreement or understanding would
frustrate the very purpose for which the law was enacted S to curb the
proliferation of unfunded chec8s !eople v. ?itafan, supra3 ,aBaro v.
2ourt of *ppeals, &44 S2+* 4&', 4&/=414 G1$$'H).
*n isolated error of judgment would normally not ma8e a judge
susceptible to administrative liability. -ut, here, respondentXs partiality
for a party to a case before him is evident in his several orders favoring
the accused in the criminal case before him, even going to the e@tent of
disregarding settled rulings. +espondent cannot be acAuitted of the
charge that he acted from improper motives which must be repressed.
JD5+5E"+5, as recommended by the "ffice of the 2ourt
*dministrator, >udge -illy M. *palit, !residing >udge of -ranch #'
Metropolitan 1rial 2ourt, FueBon 2ity, is declared %C7,1I of partiality
and grave abuse of discretion and is hereby SCS!5?<5< for a period
of S7P /) M"?1DS without pay, with a J*+?7?% that commission
of a similar offense will be dealt with more severely.
S" "+<5+5<. cdasia
-ellosillo, Fuisumbing, -uena and <e ,eon, >r., >> ., concur.
1he last point to consider here:
F: 2an you raise a prejudicial Auestion as a ground to suspend the
preliminary investigation before the fiscalLs officeO "r, does the issue of
prejudicial Auestion only applicable when the case reaches the courtO
*: !rejudicial Auestion can be raised as a ground to suspend a
preliminary investigation. Section / says, :a petition for suspension of
the criminal action based upon the pendency of a prejudicial Auestion in
a civil action may be filed in the office of the prosecutor or the court
conducting the preliminary investigation.9
"f course, when the criminal action has been filed in court, the
petition for suspension must be filed in the same criminal action.
1he first case where the S2 said that prejudicial Auestion can be
raised even in the preliminary investigation was first laid down in the
1$#( case of <5 ,5"? ;S. M*-*?*% 4& !hil. &(&).
Dowever in 1$/&, the S2 had a change of mind in the case of
<*S*,,* ;S. 271I *11"+?5I, 0 S2+* 1$') where the S2 said,
the suspension on the ground of prejudicial Auestion only applies when
the case is already in court but not where the case is still under
preliminary investigation. 1he ruling in Mabanag is abandoned. 1he
<asalla ruling was reiterated in the case of E*,%C7 ;S. !+";7?27*,
E7S2*, "E !*M!*?%*, /& S2+* #/&.
Dowever, when the 1$.0 rules were enacted, you will notice in
Section / that the issue of prejudicial Auestion may be raised in the
office of the prosecutor or the judge conducting the preliminary
investigation. 1hat means the resurrection of the Mabanag ruling in 1$#(
and the abandonment of the subseAuent cases of <asalla and Ealgui, >r.
So binali8 nila ang Mabanag.
@ @ @ @ @
c1 Pro$#s#ona" Re'e#es #n Cr#'#na" Act#ons .Ru"e /231
+ule 1&4
!+";7S7"?*, +5M5<75S
7? 2+7M7?*, 2*S5S
1he most e@tensive discussion in provisional remedies is when we
discuss provisional remedies and special civil actions in civil procedure.
1he main rules are from +ule 04 to /1. 1he concept is, if there are
provisional remedies in civil cases, there must also be provisional
remedies in criminal cases.
5P*M!,5: ,etLs go first to civil cases: Suppose you borrowed
money from me and you refused to pay. So, 7Lll file a case against you.
F: 2an 7 immediately run against your propertiesO
*: ?ot yet because the case is still pending. -ut if there is still
sufficient property of the debtor, there is no problem.
-ut suppose you start selling your properties everyday. -y the time 7
win the case, you may be as poor as a rat. So 7 must do something.
Cnder +ule 04, 7 can as8 the court to issue preliminary attachment. 1hat
is provisional remedy. Some of your properties will be attached to
prevent you from disposing. 7t is now my security.
F: 7s that applicable in criminal casesO
*: "f course. >ust remember the rule, when you file a criminal case,
there is a civil action which is deemed instituted to recover civil liability.
1he victim is interested for the civil liability and so, he has to wait for
the criminal case to end. -ut now even if the case is going on, the
accused is hiding his property one by one. De is trying to dispose. So, 7
will as8 for the remedy of preliminary attachment in criminal cases.
-ut in order that +ule 1&4 will apply, the condition is, the offended
party has not waived the civil liability or has not reserved.
S5217"? 1. *vailability of provisional remedies. 1he
provisional remedies in civil actions, insofar as they are
applicable, may be availed of in connection with the civil action
deemed instituted with the criminal action. 1a)
&0ailailit! of Pro0isional )emedies
1. When pro0isional remedies in ci0il actions ma! e
a0ailed of in a criminal case%
1. W)en %)e/ are a''licaAle %o %)e criminal ca&e# and
". W)en %)e/ are in connec%ion 7i%) %)e ci$il ac%ion deemed
in&%i%%ed 7i%)
%)e criminal ac%ion
2. When pro0isional remedies in ci0il actions cannot e
a0ailed of in a criminal case%
1. W)en %)e oBended 'ar%/ )a& 7ai$ed %)e ci$il liaAili%/
ari&in( o% o+ %)e
oBen&e c)ar(ed# or
". W)en %)e oBended 'ar%/ )a& re&er$ed )i& ri()% %o !le a
&e'ara%e ac%ion
ari&in( o% o+ %)e oBen&e c)ar(ed
So the provisional remedies in civil actions are also available in criminal
actions. Iou can find them in +ule 04 to /1. 1he most famous of them is
the remedy of preliminary attachment. So, if there is attachment in civil
cases, there is also in criminal cases.
S52. &. *ttachment. Jhen the civil action is properly instituted
in the criminal action as provided in +ule 111, the offended party
may have the property of the accused attached as security for the
satisfaction of any judgment that may be recovered from the
accused in the following cases:
a) Jhen the accused is about to abscond from the
!hilippines3
b) Jhen the criminal action is based on a claim for
money or property embeBBled or fraudulently misapplied or
converted to the use of the accused who is a public officer,
officer of a corporation, attorney, factor, bro8er, agent or
cler8, in the course of his employment as such, or by any
other person in a fiduciary capacity, or for a willful violation
of duty3
c) Jhen the accused has concealed, removed, or disposed
of his property, or is about to do so3 and
d)when the accused resides outside the !hilippines. &a)
&ttachment
1. When attachment ma! e a0ailed of ! the o@ended
part!%
W)en %)e ci$il ac%ion i& 'ro'erl/ in&%i%%ed in %)e criminal
ac%ion
2. Purpose of attachment%
To )old %)e 'ro'er%/ o+ %)e acc&ed a& &ecri%/ +or %)e
&a%i&+ac%ion o+ an/
Ed(men% %)a% ma/ Ae reco$ered +rom %)e acc&ed
3. (rounds for attachment%
1. W)en %)e acc&ed i& aAo% %o aA&cond +rom %)e
P)ili''ine&9
". W)en %)e criminal ac%ion i& Aa&ed on a claim +or mone/ or
'ro'er%/
emAe66led or +radlen%l/ mi&a''lied or con$er%ed %o %)e
&e o+ %)e
acc&ed 7)o i& a 'Alic o?cer# o?cer o+ a cor'ora%ion#
a%%orne/# +ac%or# AroIer# a(en% or clerI# in %)e cor&e o+ )i&
em'lo/men% a& &c)# or A/ an/ o%)er 'er&on in a !dciar/
ca'aci%/# or +or a 7il+l $iola%ion o+ d%/9
*. W)en %)e acc&ed )a& concealed# remo$ed# or di&'o&ed o+
)i& 'ro'er%/#
or i& aAo% %o do &o9 and
,. W)en %)e acc&ed re&ide& o%&ide %)e P)ili''ine&.
5@ample:
* criminal case is filed against P for estafa and there is no
reservation or prior filing of a separate civil action arising from the
crime,so, it is deemed instituted.
So, you can avail of attachment upon filing of the case or it is pending
in court provided there is no waiver or reservation of the civil action and
there should be the presence of any of the four #) grounds.
?ow, you try to compare the grounds in attachment in civil cases with
the grounds in criminal cases. 7f you read +ule 04, the grounds are
almost the same.
7n civil cases, the defendant can as8 for damages in case of an
improper attachment made by the plaintiff, 8aya nga may attachment
bond eh to answer for damages.
F: ?ow in criminal cases, can the accused claim for damages for
illegal or improper attachment under +ule 1&4O
*: I5S, the same in civil cases. *nd that is confirmed in +ule 11$,
Section 11 GbH:
+C,5 11$, S52. 11. "rder of trial. 1he trial shall proceed in the
following order:
@ @ @ @ @
b) 1he accused may present evidence to prove his defense
and damages, if any, arising, from the issuance of a
provisional remedy in the case.
*ssuming that the criminal action is already in court what is the ne@t
stepO
D.ISSUANCE AND IMPLEMENTATION OF 4ARRANT OF ARREST
.Sec. 5 Ru"e //26 Ru"e //71
Ru"e //2
S52. 0. 4!en 8arrant o& arrest 'ay #ssue. a) -y the
+egional 1rial 2ourt. Jithin ten 1() days from the filing of the
complaint or information, the judge shall personally evaluate the
resolution of the prosecutor and its supporting evidence. De may
immediately dismiss the case if the evidence on record clearly fails
to establish probable cause. 7f he finds probable cause, he shall
issue a warrant of arrest, or a commitment order when the
complaint or information was filed pursuant to section / of this
+ule. 7n case of doubt on the e@istence of probable cause, the judge
may order the prosecutor to present additional evidence within five
0) days from notice and the issue must be resolved by the court
within thirty '() days from the filing of the complaint of
information.
b) -y the Municipal 1rial 2ourt. Jhen reAuired
pursuant to the second paragraph of section 1 of this +ule,
the preliminary investigation of cases falling under the
original jurisdiction of the Metropolitan 1rial 2ourt,
Municipal 1rial 2ourt in 2ities, Municipal 1rial 2ourt, or
Municipal 2ircuit 1rial 2ourt shall be conducted by the
prosecutor. 1he procedure for the issuance of a warrant of
arrest by the judge shall be governed by paragraph a) of
this section.
RULE //7
Jhat is an arrestO
*rrest is the ta8ing of a person in custody so that he may be bound to
answer for the commission of an offense. 1his may be made by actual
restraint of the person to be arrested or by his voluntary submission to
the custody of the person ma8ing the arrest.+ule 11', secs 1 K &)
Sec. 2
Procedure
1. 9ow arrest is made%
1. </ an ac%al re&%rain% o+ %)e 'er&on %o Ae arre&%ed# or
2. </ %)e &Ami&&ion o+ &c) 'er&on %o %)e c&%od/ o+ %)e
'er&on maIin(
%)e arre&%
1. Sec. ' +ule 11'
<uty of arresting officer 7t shall be the duty of the officer e@ecuting
the warrant to arrest the accused and deliver him to the nearest police
station or jail without necessary delay.
Sec. 3
Duties of the &rresting A$cer
1. Arre&% %)e acc&ed# and
2. Deli$er %)e acc&ed %o %)e neare&% 'olice &%a%ion or Eail 7i%)o%
nnece&&ar/ dela/
1. Aligation of the arresting o$cer
People 0. &lior
1=3 S2)& 332
8une 36, 1511
<hird Di0ision% 2orte/, 8.
,uestion%
W)a% are %)e d%ie& o+ an o?cer 7)o arre&%& a 'er&onJ
&nswer%
A% %)e %ime a 'er&on i& arre&%ed# i% &)all Ae %)e d%/ o+ %)e
arre&%in( o?cer %o in+orm )im o+ %)e rea&on +or %)e arre&% and %o
&)o7 )im %)e arre&% 7arran%# i+ an/. To in+orm )im o+ )i&
con&%i%%ional ri()%& %o remain &ilen% and %o con&el# and %)a% an/
&%a%emen% )e mi()% maIe cold Ae &ed a(ain&% )im. To in+orm
)imo+ )i& ri()% %o commnica%e 7i%) )i& la7/er# a rela%i$e# or
an/one )e c)oo&e& A/ %)e mo&% eG'edien% mean& T A/ %ele')one
i+ 'o&&iAle or A/ le%%er or me&&en(er.
1. Sec. # +ule 11'
5@ecution of warrant 1he head of the office to whom the warrant of
arrest was delivered for e@ecution shall cause the warrant to be
e@ecuted within ten 1() days from its receipt. Jithin ten 1() days
after the e@piration of the period the officer to whom it was assigned
for e@ecution shall ma8e a report to the judge who issued the warrant.
7n case of his failure to e@ecute the warrant, he shall state the reasons
therefor.
Sec. #
Steps in the E*ecution of the Warrant of &rrest
1. When should a warrant e e*ecuted%
Wi%)in 1> da/& +rom i%& recei'%
2. Who shall cause the e*ecution of the warrant%
T)e )ead o+ %)e o?ce %o 7)om %)e 7arran% o+ arre&% 7a&
deli$ered
3. Dut! of the o$cer assigned to e*ecute the warrant%
1. Wi%)in 1> da/& a+%er %)e eG'ira%ion o+ %)e 'eriod# )e &)all
maIe a re'or%
%o %)e Ed(e 7)o i&&ed %)e 7arran%# and
2. In ca&e o+ )i& +ailre %o eGec%e %)e 7arran%# )e &)all# in
)i& re'or%# &%a%e
%)e rea&on& %)ere+or
1. Hifetime of arrest warrant
People 0. (i0era
3#5 S2)& 313
8anuar! 11, 2661
Second Di0ision% 4endo/a, 8.
,uestion%
I+ %)e arre&% 7arran% i& no% &er$ed 7i%)in %en 21>3 da/&# m&%
%)e cor% i&&e an alia& 7arran% in order %o E&%i+/ %)e arre&% o+ an
acc&edJ
&nswer%
No alia& 7arran% o+ arre&% i& needed %o maIe %)e arre&%.
Unle&& &'eci!call/ 'ro$ided in %)e 7arran%# %)e &ame remain&
en+orceaAle n%il i% i& eGec%ed# recalled or ;a&)ed. T)e 1>Cda/
'eriod 'ro$ided in Rle 11*# , i& onl/ a direc%i$e %o %)e o?cer
eGec%in( %)e 7arran% %o maIe a re%rn %o %)e cor%.
". +ights of persons arrested Sec.1#)
*ny member of the !hilippine -ar shall, at reAuest of the person
arrested or of another acting in his behalf, ahve the right to visit
and confer privately with such person in the jail or any other place
of custody at any hour of the day or, of the night. Subject to
reasonable regulations, a relative of the person arrested can also
e@ercise the same right.
2. )ules in maBing arrest%
1. Violence or nnece&&ar/ +orce &)all NOT Ae &ed in
maIin( an arre&%# and
2. T)e 'er&on arre&%ed &)all NOT Ae &AEec% %o a (rea%er
re&%rain% %)an i&
nece&&ar/ +or )i& de%en%ion
1. Cse of force
People 0. Sanche/
22: S2)& =2:
-o0emer 1, 1553
En 7anc% 2ru/, 8.
,uestion%
To con&%i%%e arre&%# m&% %)ere Ae an ac%al &e o+ +orce A/
%)e arre&%in( o?cerJ
&nswer%
No. A''lica%ion o+ ac%al +orce# manal %oc)in( o+ %)e Aod/#
')/&ical re&%rain% or a +ormal declara%ion o+ arre&% i& no% re;ired.
I% i& eno() %)a% %)ere Ae an in%en% on %)e 'ar% o+ one o+ %)e
'ar%ie& %o arre&% %)e o%)er and an in%en% on %)e 'ar% o+ %)e o%)er
%o &Ami%# nder %)e Aelie+ and im're&&ion %)a% &Ami&&ion i&
nece&&ar/.
Dow is an arrest effectedO
*rrests may be made in two ways: first, with a warrant and second,
through a valid warrantless arrest.
*s a general rule, no person may be ta8en into custody e@cept only by
virtue of a warrant of arrest issued by a competent court, which means,
after a complaint or information has been filed in court.
&. Sec. 4, +ule 11'
Method of arrest by officer by virtue of warrant Jhen ma8ing an
arrest by virtue of a warrant, the officer shall inform the person to be
arrested of the cause of the arrest and the fact that a warrant has been
issued for his arrest, e@cept when he flees or forcibly resists before the
officer has opportunity to so inform him, or when the giving of such
information will imperil the arrest. 1he officer need not have the warrant
in his possession at the time of the arrest but after the arrest, if the
person arrested so reAuires, the warrant shall be shown to his as soon as
possible.9
Sec. :
9ow &rrest is E@ected ! Dirtue of a Dalid Warrant
1. (eneral )ule + the o$cer must inform the person to e
arrested of the%
1. ca&e o+ %)e arre&%# and
2. +ac% %)a% a 7arran% )a& Aeen i&&ed +or )i& arre&%
2. E*ceptions + the failure of the arresting o$cer to inform
him of the ao0e is e*cusale when the%
1. 'er&on %o Ae arre&%ed Nee&#
2. 'er&on %o Ae arre&%ed +orciAl/ re&i&%& Ae+ore %)e o?cer )a&
o''or%ni%/
%o &o in+orm )im# or
3. (i$in( o+ &c) in+orma%ion 7ill im'eril %)e arre&%
3. Possession ! arresting o$cer of warrant at time of the
arrest%
1. %)e o?cer need no% )a$e %)e 7arran% in )i& 'o&&e&&ion a%
%)e %ime o+ %)e
arre&%# A%
2. a+%er %)e arre&%# i+ %)e 'er&on arre&%ed &o re;ire&# %)e
7arran% &)all Ae
&)o7n %o )im a& &oon a& 'o&&iAle
1. Showing cop! of warrant
4allari 0. 2&
2=3 S2)& #3=
Decemer 5, 155=
<hird Di0ision% 'rancisco, 8.
Issue%
1a/ a 'olice o?cer arre&% a 'er&on a% %)e %ime 7)en )e doe&
no% )a$e a co'/ o+ %)e 7arran% in )i& 'o&&e&&ionJ
9eld%
Ye&. An arre&% o+ a 'er&on 7i%) a &%andin( 7arran% ma/ Ae
made 7i%)o% %)e arre&%in( o?cer )a$in( a 7arran% in )i&
'o&&e&&ion. Sec. =# Rle 11* 'ro$ide& %)a% %)e o?cer need no%
)a$e %)e 7arran% in )i& 'o&&e&&ion a% %)e %ime o+ %)e arre&%. La%er#
i+ %)e 'er&on arre&%ed &o re;ire&# %)e 7arran% &)all Ae &)o7n %o
)im a& &oon a& 'rac%icaAle.
"ther important points on arrest:
$.) *n arrest may be made on any day and at any time of the day
or night Sec. /)3
1(.) *n officer effecting a warrantless arrest must inform the
subject of a) his authority3 b) the cause of the arrest e@cept in
the following instances: a) when the subject is engaged in the
commission of an offense3 b) when he is pursued immediately
after the commission3 c) when pursued immediately after his
escape3 d) when the subject flees3 e) when he forcibly resists
before he can be informed3 f) when giving the information will
imperil the arrest Sec. .)
11.) * private person ma8ing the arrest should inform the subject
of his intention to arrest and the cause thereof Sec. $)
1&.) *n officer ma8ing a lawful arrest may orally summon
assistance sec. 1()
1'.) *n officer can brea8 a door to effect entrance in order to
arrest under the following conditions:
d) De is refused admittance3
e) De has announced his authority3 and
f) De has announced his purpose.Sec. 11)
1#.) *n officer has the right to brea8 out from building or
enclosure Sec. 1&
10.) +ight of attorney or relative to visit person arrested at any
hour of the day or night Sec. 1#)
E. PROCEEDINGS AFTER ISSUANCE)IMPLEMENTATION OF
4ARRANT OF ARREST
2.
a) Motion 1o Suspend !roceedings Sections / and 4, +ule 111)
S52 /. Suspension by reason of prejudicial Auestion. *
petition for suspension of the criminal action based upon the
pendency of a prejudicial Auestion in a civil action may be
filed in the office of the prosecutor conducting the
preliminary investigation. Jhen the criminal action has been
filed in court for trial, the petition to suspend shall be filed in
the same criminal action at any time before the prosecution
rests. /a)
%.1. ,a#" .Ru"e //91
+ule 11#
-*7,
F: <efine -ail.
*: Cnder Section 1:
S5217"? 1. -ail defined. -ail 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 reAuired under the conditions hereinafter specified.
-ail may be given in the form of corporate surety, property
bond, cash deposit, or recogniBance. 1a)
7ail
1. Defnition%
T)e &ecri%/ (i$en +or %)e relea&e o+ a 'er&on in c&%od/ o+
%)e la7#
+rni&)ed A/ )im or a Aond&man
*s a general rule, once a case is filed in court and there is probable
cause, the judge will issue a warrant. So the accused will be detained
but still presumed innocent. 7t is called preventive detention. 1hat is why
if you are convicted, that is already credited as advanced service under
*rticle &$ of the +evised !enal 2ode.
-ut that will be too tedious. Iou are already detained, and you are
still presumed innocent. 1he remedy is you apply for bail you post bail
because bail is, as a rule, a constitutional right.
2. Who furnishes the ail%
1. T)e 'er&on in c&%od/ 7)o&e relea&e i& &o()%# or
2. A Aond&man
3. Purpose%
To (aran%ee &aid 'er&onP& a''earance Ae+ore an/ cor%
F: *nd what is the primary purpose of bailO
*: *merican jurisprudence says the purpose of bail is a) to combine
the administration of criminal justice with the convenience of a person
accused but not yet proven guilty3 b) to relieve the accused of
imprisonment, and the State of burden of 8eeping him, pending trial. /
*m. >ur. /1)
2an you imagine without the provision on bailO 1here will be thousands
of people who are already in jail and all at the e@pense of the
government. So, we have to combine these two the convenience of the
accused and the convenience of the State.
#. 'orms of ail%
1. Cor'ora%e &re%/#
2. Pro'er%/ Aond#
3. Ca&) de'o&i%# or
#. Reco(ni6ance
1. 7ail prior to arrest
Docena.2aspe 0. 7ugtas
#66 S2)& 3:
4arch 21, 2663
'irst Di0ision% >nares.Santiago, 8.
,uestion%
1a/ an acc&ed 7)o )a& no% Aeen arre&%ed Ae (ran%ed AailJ
&nswer%
No. T)e ri()% %o Aail can onl/ Ae a$ailed o+ A/ a 'er&on 7)o
i& in c&%od/ o+ %)e la7 or o%)er7i&e de'ri$ed o+ )i& liAer%/ and i%
7old Ae 'rema%re# no% %o &a/ incon(ro&# %o !le a 'e%i%ion +or
Aail +or &omeone 7)o&e +reedom )a& /e% %o Ae cr%ailed.
2. 4eaning of Jin custod! of the lawO
People 0. (aBo, 8r.
3#1 S2)& 33#
Decemer 13, 2666
<hird Di0ision% (on/aga.)e!es, 8.
,uestion%
W)en i& a 'er&on deemed %o Ae in c&%od/ +or %)e 'r'o&e o+
Aail a''lica%ionJ
&nswer%
W)en 4a5 )e i& arre&%ed ei%)er A/ $ir%e o+ a 7arran% o+ arre&%
i&&ed 'r&an% %o Sec. 8# Rle 11"# or e$en 7i%)o% a 7arran%
nder Sec. -# Rle 11* in rela%ion %o Sec. =# Rle 11" o+ %)e Rle&
o+ Cor%# or 4A5 )e )a& $oln%aril/ &Ami%%ed )im&el+ %o %)e
Eri&dic%ion o+ %)e cor% A/ &rrenderin( %o %)e 'ro'er a%)ori%ie&.
F: Jhat do you mean by :in custody of law9O
*: :7n custody of law9 may mean
1. physical or actual custody3 or
&. constructive custody. !anderanga vs. 2*, &#4 S2+* #1)
3. 2onstructi0e custod!
Santiago 0. Das?ue/
21: S2)& =33
8anuar! 2:, 1553
En 7anc% )egalado, 8.
'acts%
Acc&ed 7a& c)ar(ed Ae+ore %)e Sandi(anAa/an. Wi%)o%
)a$in( Aeen arre&%ed and 7i%)o% ac%all/ ')/&icall/ &rrenderin(
%o %)e cor%# &)e 'o&%ed Aail &%a%in( %)a% K&)e Ae con&idered a&
)a$in( 'laced )er&el+ nder %)e Eri&dic%ionL o+ %)e cor% a& &)e
7a& %)en in )o&'i%al. W)en la%er on %)e Sandi(anAa/an i&&ed a
0old De'ar%re Order a(ain&% )er# &)e claimed %)a% &aid cor% )ad
no Eri&dic%ion %o do &o.
Issue%
Did %)e cor% $alidl/ ac;ire Eri&dic%ion o$er acc&edJ
9eld%
I% )a& Aeen )eld %)a% 7)ere a+%er %)e !lin( o+ %)e com'lain%
or in+orma%ion a 7arran% +or %)e arre&% o+ %)e acc&ed i& i&&ed A/
%)e %rial cor% and %)e acc&ed ei%)er $oln%aril/ &Ami%%ed
)im&el+ %o %)e cor% or 7a& dl/ arre&%ed# %)e cor% %)ereA/
ac;ire& Eri&dic%ion o$er %)e 'er&on o+ %)e acc&ed. In %)i& ca&e#
acc&ed i& deemed %o )a$e $oln%aril/ &Ami%%ed )er&el+ %o %)e
Eri&dic%ion o+ %)e cor% 'on %)e !lin( o+ )er 1o%ion 7)erein &)e
eG're&&l/ &o()% lea$e K%)a% &)e Ae con&idered a& )a$in( 'laced
)er&el+ nder %)e Eri&dic%ion o+ 2%)e Sandi(anAa/an3 +or 'r'o&e&
o+ %)e re;ired %rial and o%)er 'roceedin(&.L Acc&ed canno% no7
Ae )eard %o claim o%)er7i&e +or# A/ )er o7n re're&en%a%ion&# &)e
i& eBec%i$el/ e&%o''ed +rom a&&er%in( %)e con%rar/ a+%er &)e )ad
earlier reco(ni6ed %)e Eri&dic%ion o+ %)e cor%.
Paderanga 0. People
2#: S2)& 2#1
&ugust 23, 1551
'irst Di0ision% )egalado, 8.
E*21S: 1his case originated in 2<". 1he accused was
charged of murder which is non=bailable. De did not want to be
arrested but actually, wanted to face the case only that he
wanted first to be released on bail. -ut how can he file a
petition for bail when he was not yet in custodyO 7n custody,
you have to surrender or you must be arrested. Jhat he wanted
was that when he surrenders he can already bail out.)
Jhat happenedO De entered the hospital, for a certain illness
then his lawyer filed a petition for bail before the +12, :Je are
appearing for the accused for his petition for bail. Je would li8e
to manifest that he is right now in the hospital. Jill you please
consider him already in the custody of the courtO9
Issue%
1a/ a 'er&on c)ar(ed 7i%) a ca'i%al oBen&e 7)o i&
nder(oin( con!nemen% in a )o&'i%al Ae admi%%ed %o Aail e$en
Ae+ore )e i& arre&%ed or $oln%aril/ &rrender&J
9eld%
I% ma/ Ae correc% %)a% acc&ed )ad indeed !led )i& mo%ion
+or admi&&ion %o Aail Ae+ore )e 7a& ac%all/ and ')/&icall/ 'laced
nder arre&%. 0e ma/# )o7e$er# a% %)a% 'oin% and in %)e +ac%al
amAience %)ereo+# Ae con&idered a& Aein( con&%rc%i$el/ and
le(all/ nder c&%od/. T)&# in %)e liIe7i&e 'ecliar circm&%ance&
7)ic) a%%ended %)e !lin( o+ )i& Aail a''lica%ion 7i%) %)e %rial cor%#
+or 'r'o&e& o+ %)e )earin( %)ereo+ )e &)old Ae deemed %o )a$e
$oln%aril/ &Ami%%ed )i& 'er&on %o %)e c&%od/ o+ %)e la7 and
nece&&aril/# %o %)e Eri&dic%ion o+ %)e %rial cor% 7)ic) %)erea+%er
(ran%ed Aail a& 'ra/ed +or. In +ac%# an arre&% i& made ei%)er A/ an
ac%al re&%rain% o+ %)e arre&%ee or merel/ A/ )i& &Ami&&ion %o %)e
c&%od/ o+ %)e 'er&on maIin( %)e arre&%. T)e la%%er mode ma/ Ae
eGem'li!ed A/ %)e &oCcalled K)o&e arre&%L or# in %)e ca&e o+
mili%ar/ oBender&# A/ Aein( Kcon!ned %o ;ar%er&L or re&%ric%ed %o
%)e mili%ar/ cam' area.
#. Wai0er of right to ail
a. E*press wai0er
People 0. Donato
151 S2)& 136
8une 3, 1551
En 7anc% Da0ide, 8.
'acts%
W)ile acc&ed 7a& de%ained# )e en%ered in%o an a(reemen%
7i%) %)e (o$ernmen% %)a% )i& 'e%i%ion +or )aAea& cor'& 7ill Ae
7i%)dra7n and %)a% )e 7ill remain in c&%od/# 7)erea& %7o o+ )i&
coCde%ainee& 7ill Ae relea&ed immedia%el/. La%er# )o7e$er# a+%er
)i& com'anion& 7ere relea&ed# acc&ed !led a 'e%i%ion +or Aail.
Issue%
Can %)e ri()% %o Aail Ae 7ai$edJ
9eld%
Ye&. Ri()%& (aran%eed %o one acc&ed o+ a crime +all
na%rall/ in%o " cla&&e&M 2a3 %)o&e in 7)ic) %)e &%a%e# a& 7ell a&
%)e acc&ed# i& in%ere&%ed9 and 2A3 %)o&e 7)ic) are 'er&onal %o %)e
acc&ed# 7)ic) are in %)e na%re o+ 'er&onal 'ri$ile(e&. T)o&e o+
%)e !r&% cla&& canno% Ae 7ai$ed9 %)o&e o+ %)e &econd ma/ Ae. T)e
ri()% %o Aail i& ano%)er o+ %)e con&%i%%ional ri()%& 7)ic) can Ae
7ai$ed. I% i& a ri()% 7)ic) i& 'er&onal %o %)e acc&ed and 7)o&e
7ai$er 7old no% Ae con%rar/ %o la7# 'Alic order# 'Alic 'olic/#
moral&# or (ood c&%om&# or 'reEdicial %o a %)ird 'er&on 7i%) a
ri()% reco(ni6ed A/ la7.
. Implied wai0er
People 0. 4anes
363 S2)& 231
'eruar! 1:, 1555
'irst Di0ision% Pardo, 8.
'acts%
Acc&ed 7a& c)ar(ed 7i%) mrder. 0e a''lied +or Aail A%
%)e Ed(e &e% %)e ca&e +or %rial 7i%)o% ac%in( on )i& a''lica%ion.
0e 7a& con$ic%ed and on a''eal )e con%ended %)a% %)e Ed(e
commi%%ed a &erio& error o+ la7 7)en )e %ried %)e ca&e 7i%)o%
re&ol$in( %)e a''lica%ion +or Aail.
Issue%
I& %)e con%en%ion o+ acc&ed correc%J
9eld%
No. Trial 'roceeded 7i%)o% %)e acc&ed callin( %)e a%%en%ion
o+ %)e %rial cor% %o )i& nre&ol$ed 'e%i%ion. I% 7a& onl/ on a''eal
%)a% )e rai&ed %)e i&&e. T)&# +or +ailre %o rai&e %)e i&&e a% %)e
earlie&% o''or%ni%/ %ime# acc&ed i& deemed %o )a$e 7ai$ed %)e
ri()% %o Aail. In addi%ion# %)e i&&e )a& Aeen rendered academic A/
%)e con$ic%ion o+ acc&ed. W)en an acc&ed i& c)ar(ed 7i%) an
oBen&e 'ni&)aAle A/ reclusion perpetua or li+e im'ri&onmen% or
dea%)# and %)e e$idence o+ (il% i& &%ron(# Aail m&% Ae denied.
3. 7ail for militar! men
2omendador 0. De Dilla
266 S2)& 16
&ugust 2, 1551
En 7anc% 2ru/, 8.
Issue%
Are mili%ar/ men c)ar(ed Ae+ore %)e cor% mar%ial +or
$iola%ion& o+ %)e Ar%icle& o+ War en%i%led %o AailJ
9eld%
No. T)e ri()% %o Aail )a& %radi%ionall/ no% Aeen reco(ni6ed
and i& no% a$ailaAle in %)e mili%ar/# a& an eGce'%ion %o %)e (eneral
rle emAodied in %)e <ill o+ Ri()%&. T)e E&%i!ca%ion +or %)i&
eGce'%ion i& %)a% %)e ni;e &%rc%re o+ %)e mili%ar/ &)old Ae
eno() rea&on %o eGem'% mili%ar/ men +rom %)e con&%i%%ional
co$era(e on %)e ri()% %o Aail. A&ide +rom &%rc%ral 'ecliari%/# i%
i& $i%al %o no%e %)a% m%ino& &oldier& o'era%e 7i%)in %)e
+rame7orI o+ democra%ic &/&%em# are allo7ed %)e !dciar/ &e o+
!rearm& A/ %)e (o$ernmen% +or %)e di&c)ar(e o+ %)eir d%ie& and
re&'on&iAili%ie& and are 'aid o% o+ re$ene& collec%ed +rom %)e
'eo'le.
=. 7ail in e*tradition
(o0ernment 0. Purganan
315 S2)& =23
Septemer 2#, 2662
En 7anc% Panganian, 8.
'acts%
T)e Go$ernmen% o+ %)e Uni%ed S%a%e& o+ America# %)ro()
%)e De'ar%men% o+ .&%ice# !led 7i%) %)e RTC a 'e%i%ion +or %)e
eG%radi%ion o+ 1arI .imene6 7)o 7a& +acin( $ario& criminal
c)ar(e& in Florida. Pe%i%ioner 'ra/ed +or )i& immedia%e arre&%# and
%)e Ed(e &e% i% +or )earin(. T)erea+%er# %)e Ed(e i&&ed an order
+or )i& arre&% and !Ged Aail +or )i& %em'orar/ liAer%/ a% P1 million.
Issue%
In eG%radi%ion 'roceedin(&# i& %)e 'ro&'ec%i$e eG%radi%e
en%i%led %o 'o&% Aail 7)ile %)e eG%radi%ion 'roceedin(& are
'endin(J
9eld%
No. EG%radi%ion 'roceedin(& are no% criminal in na%re. </
&in( %)e %erm KAe+ore con$ic%ionL# i% i& a''aren% %)a% %)e ri()% %o
Aail in Sec. 1*# Ar%. III o+ %)e Con&%i%%ion doe& no% a''l/ %o
eG%radi%ion 'roceedin(& Aeca&e eG%radi%ion cor%& do no% render
Ed(men%& o+ con$ic%ion or ac;i%%al. 1oreo$er# %)e ri()% %o Aail
No7& +rom %)e 're&m'%ion o+ innocence in +a$or o+ acc&ed 7)o
i& en%i%led %o ac;i%%al nle&& )i& (il% i& 'ro$ed Ae/ond
rea&onaAle doA%. I% +ollo7&# %)ere+ore# %)a% %)e 'ro$i&ion on Aail
7ill no% a''l/ %o eG%radi%ion 7)ere %)e 're&m'%ion o+ innocence
i& no% in i&&e. T)a% %)e oBen&e& +or 7)ic) )e i& &o()% %o Ae
eG%radi%ed are AailaAle in %)e Uni%ed S%a%e& i& no ar(men%.
EG%radi%ion 'roceedin(& are &e'ara%e and di&%inc% +rom %)e %rial +or
%)e oBen&e& +or 7)ic) )e i& c)ar(ed. 0e &)old a''l/ +or Aail
Ae+ore %)e US cor%# no% Ae+ore %)e eG%radi%ion cor%.
?ow, let us go to some political law basic Auestions: Jhen there is
invasion or rebellion, the 2onstitution authoriBes the 2ommander=7n=
2hief to suspend the privilege of the writ of habeas corpus. Iou can be
arrested on suspicion that you are engaged in rebellion even if there is no
warrant and there is no case.
F: *re you entitled to bailO <oes the suspension of the privilege of
the writ of habeas corpus also carry with it the suspension of the right to
bailO
*: 1hat issue bugged the Supreme 2ourt several times prior to the
1$.4 2onstitution where the S2 gave conflicting answers.
7n the case of ?*;* ;S. %*1M*71*?, $( !hil. 14&) the S2 said,
Ies, he is entitled to bail once the case has been filed in court. *t least 0
out of $ justices said that. So, the right to bail is different from the
suspension of the privilege of the writ of habeas corpus.
-ut when that issue came out during the martial law regime, the S2
gave a different answer. So, in the case of -CS2*I?" ;S. M7,71*+I
2"MM7SS7"? 1($ S2+* &4'), %*+27*=!*<7,,* ;S. 5?+7,5
1&1 S2+* #4&) the issue is whether there is a right to bail when the
privilege of the writ of Dabeas 2orpus is suspendedO 1he Supreme
2ourt, said ?" because the governmentLs campaign to suppress
rebellion might be ineffective. 2aptured rebels, would no doubt rejoin
their comrades in the field and jeopardiBe the success of the government
efforts to end the rebellion.
1hat debate is already moot and academic. 1here is now a direct
provision in the 2onstitution, *rticle ' Section 1' which says that the
right to bail e@ists and is not suspended by the suspension of the
privilege.
F: Jhat are the conditions of a bailO
S52. &. 2onditions of the bail3 reAuirements. *ll 8inds
of bail are subject to the following conditions:
a) 1he underta8ing shall be effective upon approval, and
unless cancelled, shall remain in force at all stages of the case
until promulgation of the judgment of the +egional 1rial
2ourt, irrespective of whether the case was originally filed in
or appealed to it3
b) 1he accused shall appear before the proper court
whenever reAuired by the court or these +ules3
c) 1he failure of the accused to appear at the trial without
justification and despite due notice shall be deemed a waiver
of his right to be present thereat. 7n such case, the trial may
proceed in absentia3 and
d) 1he bondsman shall surrender the accused to the court
for e@ecution of the final judgment.
1he original papers shall state the full name and address of
the accused, the amount of the underta8ing and the
conditions reAuired by this section. !hotographs passport
siBe) ta8en within the last si@ /) months showing the face,
left and right profiles of the accused must be attached to the
bail. &a)
2onditions of the 7ail
1. E@ecti0it!%
1. T)e nder%aIin( &)all Ae eBec%i$e 'on a''ro$al
2. I% &)all remain in +orce a% all &%a(e& o+ %)e ca&e n%il
'roml(a%ion o+ %)e
Ed(men% o+ %)e RTC irre&'ec%i$e o+ 7)e%)er %)e ca&e 7a&M
1. Ori(inall/ !led in %)e RTC# or
2. A''ealed %o %)e RTC
3. I% &)all lo&e i%& eBec%i$i%/ i+ cancelled# 7)e%)er or no%
Ed(men% )a& Aeen
rendered A/ %)e RTC
F: So, for e@ample in the M12, you are arrested, and convicted so you
will appeal to the +12. Jhat will happen to your bailO
*: 7t will still be effective because under paragraph GaH, your bail is
effective up to the +12.
F: *nother e@ample: Iou were convicted at the +12 and you want to
go to the 2*, are you still entitled to bailO
*: 1he answer is M*I-5. 1his is one instance where bail is
discretionary.
F: -ut assuming that the court will say, :"6, you are entitled to bail
on appeal.9 Jhat happens now to your bailO
*: Cnder the present rules the %5?5+*, +C,5 is you get another
bail bond because your bail is only up to the level of the +12. 1his is
bac8 to the 1$/# rules.) 1he 1$.0 +ules, where bail continues up to the
2* no longer apllies. ?ow, you have to as8 for another bail bond if you
want to go further to the 2*.
F: * condition in a bail bond states that the sureties do not underta8e
to deliver the person of the accused if the reading of the sentence is
postponed to a later date, nor do they consent to such e@tension. 7s this
condition validO
*: I5S, the condition is valid, because it is not contrary to law or
public policy, and, besides, it lightens the obligation of the bondsmen,
which is allowable. 2onditions restricting liability on the bond when
accepted by the court and not contrary to public policy are valid. !eople
vs. Jong !un, #. !hil. 41')
2. Aligation of accused out on ail
0e &)all a''ear Ae+ore %)e cor% 7)ene$er re;ired A/ %)e
cor% or %)e&e
Rle&
3. E@ect of failure of accused to appear at the trial
without "ustifcation and despite due notice%
1. I% &)all Ae deemed a 7ai$er o+ )i& ri()% %o Ae 're&en%
%)erea%# and
2. T)e %rial ma/ 'roceed in aA&en%ia.
2. Presence of accused
a. Where )ules re?uire presence
Ha0ides 0. 2&
32# S2)& 321
'eruar! 1, 2666
Second Di0ision% 4endo/a, 8.
,uestion%
In 7)a% in&%ance& ma/ an acc&ed no% Ae allo7ed %o 7ai$e
)i& 're&ence in cor%J
&nswer%
In cer%ain &%a(e& o+ %)e 'roceedin(&# an acc&ed on Aail or
%ried in absencia ma/ Ae re;ired %o a''ear# %o 7i%M 2a3 a%
arrai(nmen% and 'lea# 7)e%)er o+ innocence or o+ (il%# 2A3 drin(
%rial 7)ene$er nece&&ar/ +or iden%i!ca%ion 'r'o&e&# and 2c3 a%
%)e 'roml(a%ion o+ &en%ence# nle&& i% i& +or a li()% oBen&e# in
7)ic) ca&e %)e acc&ed ma/ a''ear A/ con&el or re're&en%a%i$e.
A% &c) &%a(e& o+ %)e 'roceedin(&# )i& 're&ence i& re;ired and
canno% Ae 7ai$ed.
. Presence during trial
4arcos 0. )ui/
213 S2)& 1::
Septemer 1, 1552
<hird Di0ision% Da0ide, 8r.
Issue%
1a/ %)e cor% order %)e +or+ei%re o+ %)e Aail Aond o+ %)e
acc&ed 'on )i& +ailre %o a''ear +or %rial 7)ere )i& 're&ence i&
no% &'eci!call/ re;ired A/ %)e Rle& or %)e cor%J
9eld%
No. One o%)er condi%ion +or %)e (ran%in( o+ Aail# &e% +or%) in
Sec. "2A3# Rle 11, o+ %)e Rle& o+ Cor%# i& %)a% %)e acc&ed &)all
a''ear Ae+ore %)e 'ro'er cor% 7)ene$er &o re;ired A/ %)e cor%
or %)e Rle& o+ Cor%. A Aail Aond ma/ Ae +or+ei%ed onl/ in
in&%ance& 7)ere %)e 're&ence o+ %)e acc&ed i& &'eci!call/
re;ired A/ %)e cor% or %)e Rle& o+ Cor% and# de&'i%e de no%ice
%o %)e Aond&men %o 'rodce )im Ae+ore %)e cor% on a (i$en da%e#
%)e acc&ed +ail& %o a''ear in 'er&on a& &o re;ired. T)ere i& no
&)o7in( %)a% %)e cor% )ad &'eci!call/ re;ired %)e Aondin(
com'an/ %o 'rodce %)e Aod/ o+ acc&ed on %)e 'ar%iclar da%e.
3. &rraignment as condition for ail
Ha0ides 0. 2&
32# S2)& 321
'eruar! 1, 2666
Second Di0ision% 4endo/a, 8.
Issue%
1a/ %)e cor% &e% a& a condi%ion %)a% %)e Aail Aond o+ %)e
acc&ed 7ill onl/ Ae a''ro$ed a+%er )e i& arrai(nedJ
9eld%
No. To condi%ion %)e (ran% o+ Aail %o an acc&ed on )i&
arrai(nmen% 7old Ae %o 'lace )im in a 'o&i%ion 7)ere )e )a& %o
c)oo&e Ae%7een 213 !lin( a mo%ion %o ;a&) and %)& dela/ )i&
relea&e on Aail Aeca&e n%il )i& mo%ion %o ;a&) can Ae re&ol$ed#
)i& arrai(nmen% canno% Ae )eld# and 2"3 +ore(oin( %)e !lin( o+ a
mo%ion %o ;a&) &o %)a% )e can Ae arrai(ned a% once and
%)erea+%er Ae relea&ed on Aail. T)e&e &cenario& cer%ainl/
ndermine %)e con&%i%%ional ri()% o+ %)e acc&ed no% %o Ae '% on
%rial eGce'% 'on $alid com'lain% or in+orma%ion &?cien% %o
c)ar(e )im 7i%) a crime and )i& ri()% %o Aail.
F: ?ow suppose you failed to appear in court without justification.
,i8e for e@ample, you escaped, you jumped bail and disappearedO Jhat
will happen to the caseO
*: 1he proceedings will continue according to paragraph GcH because
that would be a waiver of your right.
F: Dow is it calledO
*: 1+7*, 7? *-S5?17* pursuant to Section 1#, &nd paragraph,
*rticle & of the 2onstitution.
F: !aragraph GbH you will appear before the proper court whenever
reAuired by the court or these rules. ?ormally, when is a person reAuired
by the court to appearO
*: %enerally, *++*7%?M5?1 or !+"MC,%*17"? especially if
conviction. -ut there are others for e@ample, letLs read +ule 110 +ights
of the *ccused) Section 1 GcH:
:c) 1o be present and defend in person and by counsel at
every stage of the proceedings, from arraignment to
promulgation of the judgment. 1he accused may, however,
waive his presence at the trial pursuant to the stipulations set
forth in his bail, unless his presence is specifically ordered by
the court for purposes of identification. @ @ @ @ @ @9
F: * bail bond reAuired the bondsmen to pay the fine of the accused,
in addition to the usual condition. 7s this additional condition validO
*: ?". 1he additional condition is void because it made the
obligation of the bondsmen more onerous, in violation of the
constitutional provision that no e@cessive bail shall be reAuired orthat
additional conditions may be imposed because it might prevent or
render it impossible for the accused to secure his liberty during the trial.
-andoy vs. 2E7 of ,aguna, 1# !hil. /&()
When the ondsman shall surrender the accused to the
court%
For eGec%ion o+ %)e !nal Ed(men%
2ontents
1. <he original papers shall state%
1. %)e +ll name and addre&& o+ %)e acc&ed#
2. %)e amon% o+ %)e nder%aIin(# and
3. %)e condi%ion& re;ired A/ Sec. "
2. What must e attached to the ail ... photographs of
the accused%
1. 'a&&'or% &i6e#
2. %aIen 7i%)in %)e la&% 8 mon%)&#
3. &)o7in( )i& +ace# le+% and ri()% 'ro!le&
1. E@ect of con0iction
4agguddatu 0. 2&
32= S2)& 3=2
'eruar! 22, 2666
'irst Di0ision% ;apunan, 8.
Issue%
W)ile %)e con$ic%ion i& on a''eal# ma/ acc&ed Ae allo7ed
%o enEo/ 'ro$i&ional liAer%/ nder %)e Aail Aond& %)e/ 'o&%ed
drin( %rialJ
9eld%
Under Sec. -# Rle 11, o+ %)e Re$i&ed Rle& o+ Cor%# %)e
cor% )a& %)e di&cre%ion 7)e%)er or no% %o allo7 acc&ed %o
con%ine on 'ro$i&ional liAer%/ nder %)e &ame Aail Aond 'o&%ed
drin( %rial. T)e Aail Aond %)a% acc&ed 're$io&l/ 'o&%ed can
onl/ Ae &ed drin( %)e 1-Cda/ 'eriod %o a''eal and no% drin(
%)e en%ire 'eriod o+ a''eal. T)i& i& con&i&%en% 7i%) Sec. "2a3 o+
Rle 11, 7)ic) 'ro$ide& %)a% %)e Aail K&)all Ae eBec%i$e 'on
a''ro$al and remain in +orce a% all &%a(e& o+ %)e ca&e# nle&&
&ooner cancelled# n%il %)e 'roml(a%ion o+ %)e Ed(men% o+ %)e
RTC# irre&'ec%i$e o+ 7)e%)er %)e ca&e 7a& ori(inall/ !led in or
a''ealed %o i%.L T)i& amendmen%# in%rodced A/ SC Admini&%ra%i$e
Circlar 1"CF, i& a de'ar%re +rom %)e old rle& 7)ic) %)en
'ro$ided %)a% Aail &)all Ae eBec%i$e and remain in +orce a% all
&%a(e& o+ %)e ca&e n%il i%& +ll de%ermina%ion# and %)& e$en
drin( %)e 'eriod o+ a''eal. 1oreo$er# nder %)e 're&en% rle# +or
acc&ed %o con%ine )i& 'ro$i&ional liAer%/ on %)e &ame Aail Aond
drin( %)e 'eriod %o a''eal# con&en% o+ %)e Aond&man i&
nece&&ar/.
S52. '. ?o release or transfer e@cept on court order or
bail. ?o person under detention by legal process shall be
released or transferred e@cept upon order of the court or
when he is admitted to bail. 'a)
7n ,adlad, et al., vs. Senior State !rosecutor ;elasco et al,
%.+. ?os. 14&(4(=4& and ,iBa MaBa, et al., vs. +aul
%onBales, et al., %+ ?os. 14&(4#=4/, the Supreme 2ourt
declared, in part:
:7ndeed in the <"> 2ircular ?o./1, dated &1 September
1$$', the initial duty of the inAuest officer is to determine if
the arrest of the detained person was made :in accordance
with the provisions of paragraphs a) and b) of section 0,
+ule 11'.9 7f the arrest was not properly effected, the inAuest
officer should proceed under Section $ of 2ircular ?o. /1
which provides:
Jhere *rrest ?ot !roperly 5ffected. Should the 7nAuest
"fficer find that the arrest was not made in accordance with
the +ules, he shall:
a) +ecommend the release of the person arrested or
detained3
b) ?ote down the disposition on the referral document3
c) !repare a brief memorandum indicating the reasons for
the action ta8en3 and
d) Eorward the same, together with the record of the case,
to the 2ity or !rovincial !rosecutor for appropriate
action.
Jhere the recommendation for the release of the
detained person is approved by the city or !rovincial
!rosecutor but the evidence on hand warrant the
conduct of a regular preliminary investigation, the order
of release shall be served on the officer having custody
of said detainee and shall direct the said officer to serve
upon the detainee the subpoena or notice of preliminary
investigation, together wigth the copies of the charge
sheet or complaint, affidavit or sworn statements of the
complainant and his witnesses and other supporting
evidence.
Eor the failure of -eltranLs panel of inAuest prosecutors
to comply with Section 4, +ule 11& in relation to
Section 0, +ule 11' and <"> 2ircular ?o. /1, we
declare -eltranLs inAuest void. -eltran would have been
entitled to a preliminary investigation had he not as8ed
the trial court to ma8e a judicial determination of
probable cause, which effectively too8 the place of such
proceeding.9
?ote that the 2ity or !rovincial !rosecutor can issue an
order of release if during inAuest it is found that the
arrest was not proper or if the evidence on hand
warrangt the conduct of a preliminary investigation and
during the said preliminary investigation.
"nce the accused is already charged in court, then
Section ' applies and only the court can authoriBe the
release or transfer of the accused.
?ow, we go to these important issues on bail:
1. Jhen bail is a matter of right3
&. Jhen bail is discretionary3
'. Jhen bail is not available.
*s a general rule, bail is a matter of right. 1hat is a constitutional
right. *nd Section # tells us what are the instances when bail is a matter
of right.
-*7, *S * M*115+ "E +7%D1
F: Jhen is bail a matter of rightO
*: Section #:
S52. #. -ail, a matter of right3 e@ception. *ll persons in
custody shall be admitted to bail as a matter of right, with
sufficient sureties, or released on recogniBance as prescribed
by law or this +ule a)before or after conviction by the
Metropolitan 1rial 2ourt, Municipal 1rial 2ourt, Municipal
1rial 2ourt in 2ities, or Municipal 2ircuit 1rial 2ourt, and
b) before conviction by the +egional 1rial court of an
offense not punishable by death, reclusion perpetua, or life
imprisonment. #a)
When 7ail is a 4atter of )ight
1. 7E'A)E con0iction ! the 4<2M
2. &'<E) con0iction ! the 4<2 pending appro0alM
3. 7E'A)E con0iction ! the )<2 and the imposale
penalt! for the o@ense is -A<%
1. dea%)#
2. reclusion perpetua, or
3. li+e im'ri&onmen%9
#. 7E'A)E con0iction ! the )<2%
1. +or an oBen&e 'ni&)aAle A/M
1. dea%)#
2. reclusion perpetua, or
3. li+e im'ri&onmen%
2. <% %)e e$idence o+ (il% i& NOT &%ron(
1. &mendment of law
&l.(houl 0. 2&
255 S2)& 1#5
-o0emer 2#, 1551
'irst Di0ision% ,uisuming, 8.
'acts%
Acc&ed 7a& c)ar(ed 7i%) ille(al 'o&&e&&ion o+ !rearm& and
eG'lo&i$e& nder Sec.1 and * o+ P.D. 1D88. T)e im'o&aAle 'enal%/
+or %)e oBen&e 7a& +rom reclusion temporal %o reclusion perpetua
and )i& a''lica%ion +or Aail 7a& denied on %)e (rond %)a%
e$idence o+ (il% 7a& &%ron(. La%er# P.D. 1D88 7a& amended A/
R.A. D"F, 7)ic) lo7ered %)e 'enal%/ +or %)e oBen&e %o +rom
prision ma"or %o reclusion temporal.
Issue%
S)old acc&ed Ae no7 admi%%ed %o AailJ
9eld%
Ye&. Under Admini&%ra%i$e Circlar 1"CF, 4Sec. ,# Rle 11, o+
%)e Re$i&ed Rle& o+ Criminal Procedre5 Aail i& a ma%%er o+ ri()%
Ae+ore con$ic%ion A/ %)e RTC o+ an oBen&e no% 'ni&)aAle A/
dea%)# reclusion perpetua or life imprisonment.
F: So you are charged in the M12. *re you entitled to bail before and
after convictionO
*: Ies, as a matter of right.
F: -ut suppose you are charged in the +12, for e@ample homicide
punishable by reclusion temporal, are you entitled to bailO
*: I5S, it is also a matter of right. Eor as long as the prescribed
penalty is not life imprisonment, perpetua or death, it is a matter of right.
So, up to reclusion temporal it is a matter of right.
Cnder the law, when a person is charged in court for a non=bailable
offense li8e murder, what is the procedure under Section . if he wants to
post bailO
De must file an application or petition for bail. *nd that is when the
prosecution will have to present evidence immediately to prove that the
evidence of guilt is strong.
F: Suppose after hearing for the petition for bail, the court is
convinced that the evidence of guilt is not strong and the court said so,
what happens now to bailO
*: -ail becomes a matter of right. !eople vs. <onato, 1$. S2+*
1'()
!5"!,5 vs. <"?*1"
1$. S2+* 1'(
D5,<: :7f the offense charged is punishable by death,
reclusion perpetua or life imprisonment, bail becomes a matter
of discretion. 7t shall be denied if the evidence of guilt is strong.
1he courtXs discretion is limited to determining whether or not
evidence of guilt is strong. -ut once it is determined that the
evidence of guilt is not strong, bail also becomes a matter of
right.9
-*7, *S * M*115+ "E <7S2+517"?
F: Jhen is bail discretionaryO Meaning, the court may grant bail or
may not grant bail.
S52. 0. -ail, when discretionary. Cpon conviction by
the +egional 1rial 2ourt of an offense not punishable by
death, reclusion perpetua, or life imprisonment, admission to
bail is discretionary. 1he application for bail may be filed and
acted upon by the trial court despite the filing of a notice of
appeal, provided it has not transmitted the original record to
the appellate court. Dowever, if the decision of the trial court
conviction the accused changed the nature of the offense
from non=bailable to bailable, the application for bail can
only be filed with and resolved by the appellate court.
@ @ @ @
When 7ail is Discretionar!
1. Cpon con0iction ! the )<2 of an o@ense -A<
punishale !%
1. dea%)
2. reclusion perpetua, or
3. li+e im'ri&onmen%#
2. Pro0ided it is shown that%
1. T)e acc&edM
1. i& NOT a recidi$i&%#
2. i& NOT a ;a&iCrecidi$i&%#
3. i& NOT a )aAi%al delin;en%# or
#. )a& NOT commi%%ed %)e crime a((ra$a%ed A/ %)e
circm&%ance o+
rei%era%ion9
2. T)e acc&ed )a& NOTM
1. e&ca'ed +rom le(al con!nemen%#
2. e$aded &en%ence# or
3. $iola%ed %)e condi%ion& o+ )i& Aail 7i%)o% $alid
E&%i!ca%ion9
3. T)e acc&ed did NOT commi% %)e oBen&e 7)ile nderM
1. 'roAa%ion#
2. 'arole# or
3. condi%ional 'ardon9
#. T)e circm&%ance& o+ %)e acc&edP& ca&e doe& NOT
indica%e %)e
'roAaAili%/ o+ Ni()% i+ relea&ed on Aail9 or
3. T)ere i& NO nde ri&I %)a% %)e acc&ed ma/ commi%
ano%)er crime
drin( %)e 'endenc/ o+ %)e a''eal.
E@ect when 7ail is Discretionar! and the &ccused fles a
-otice of &ppeal
1. <he application for ail ma! e fled and acted upon !
the )<2%
I+ %)e ori(inal record )a& no% /e% Aeen %ran&mi%%ed %o %)e
a''ella%e cor%
2. <he application for ail can onl! e fled and resol0ed
! the appellate court%
I+ %)e deci&ion o+ %)e RTC con$ic%in( %)e acc&ed c)an(ed
%)e na%re o+ %)e
oBen&e +rom nonCAailaAle %o AailaAle
3. If the proper court grants the application for ail%
1. T)e acc&ed ma/ Ae allo7ed %o con%ine on 'ro$i&ional
liAer%/ drin( %)e
'endenc/ o+ %)e a''eal nder %)e &ame Aail#
2. 0o7e$er# %)i& m&% Ae 7i%) %)e con&en% o+ %)e Aond&man
#. When it is the )<2 which resol0es the application for
ail%
1. T)e a''ella%e cor% ma/ re$ie7 %)e re&ol%ion o+ %)e RTCM
1. motu propio, or
". on mo%ion o+ an/ 'ar%/# and
2. No%ice m&% Ae (i$en %o %)e ad$er&e 'ar%/
1. Where penalt! e*ceeds si* !ears
Aosa 0. 2&
2== S2)& 211
8anuar! 1=, 155:
<hird Di0ision% Panganian, 8.
'acts%
OAo&a 7a& c)ar(ed 7i%) " con%& o+ mrder# a ca'i%al
oBen&e. 0e a''lied +or Aail A% %)e Ed(e 'roceeded 7i%) %)e %rial
7i%)o% ac%in( on )i& a''lica%ion. A+%er %rial OAo&a 7a& con$ic%ed
onl/ o+ " con%& o+ )omicide# a nonCca'i%al oBen&e.
Issue%
On a''eal# i& )e en%i%led %o Aail a& a ma%%er o+ ri()%J
9eld%
No. OAo&a a''lied +or Aail a+%er %)e eBec%i$i%/ o+
Admini&%ra%i$e Circlar No. 1"CF,. Under %)e Circlar# i+ %)e cor%
im'o&ed a 'enal%/ o+ im'ri&onmen% eGceedin( 8 /ear& A% no%
more %)an "> /ear&# %)en Aail i& a ma%%er o+ di&cre%ion# eGce'%
7)en an/ o+ %)e circm&%ance& men%ioned in Sec. -4*5 o+ %)e
Circlar i& 're&en%# in 7)ic) ca&e Aail )a& %o Ae denied. Since
OAo&a 7a& con$ic%ed o+ " con%& o+ )omicide# )i& Aail a''lica%ion
i& &AEec% %o %)e &ond di&cre%ion o+ %)e cor%. Ac%all/# &e$eral
circm&%ance& +ond in %)e Circlar E&%i+/ %)e denial o+ Aail#
eGce'% %)a% a re%roac%i$e a''lica%ion o+ %)e Circlar i& Aarred a& i%
7old Ae n+a$oraAle %o OAo&a.
<e %)a% a& i% ma/# %)e rle& on Aail 'rior %o %)e eBec%i$i%/ o+
A.C. 1"CF, doe& no% +a$or )im ei%)er. In accordance 7i%) 're$io&
deci&ion&# 7)en OAo&a a''ealed )e o'ened %)e 7)ole ca&e +or
re$ie7 &o %)a% %)e 'o&&iAili%/ o+ con$ic%ion 'on %)e ori(inal
c)ar(e o+ mrder i& e$er 're&en%. LiIe7i&e# &ince %)e 'ro&ec%ion
)a& 're$io&l/ demon&%ra%ed %)a% e$idence o+ (il% i& &%ron(# &c)
de%ermina%ion &A&i&%& on a''eal# de&'i%e con$ic%ion +or a le&&er
oBen&e# &ince &c) de%ermina%ion i& +or %)e 'r'o&e o+ re&ol$in(
7)e%)er %o (ran% or den/ Aail and doe& no% )a$e an/ Aearin( on
7)e%)er OAo&a 7ill l%ima%el/ Ae ac;i%%ed or con$ic%ed o+ %)e
c)ar(e.
F: Supposed you are charged with homicide. 1he ma@imum penalty
there is temporal. Iou are convicted. 1he court found you guilty of
homicide and sentenced you to &( years imprisonment and you would
li8e to appeal. 2an you as8 for bailO
*: I5S.
F: Jhat will the court doO
*: 1he court may or may not grant.
?ow, the second sentence is new:
1he application for bail may be filed and acted upon by the
trial court despite the filing of a notice of appeal, provided it has
not transmitted the original record to the appellate court.
Section 0, first paragraph, second sentence)
1his is a reversal of a ruling in the case of
"-"S* vs. 2"C+1 "E *!!5*,S
&// S2+* &.1, >anuary 1/, 1$$4
E*21S: 1he court convicted the accused for homicide. So
temporal. 1he accused said: :Iour honor, we intend to appeal
this case but may we be allowed to post bail while the appeal is
going on. 1he court said, :%rantedV Gdiscretionary manVH. Je
will fi@ your bail at !0(,(((.9 1wo days before, the accused
filed a notice of appeal. *fter filing the notice of appeal, he
applied for bail which was approved by the court.
7SSC5: 2an the court approve the bailO
D5,<: ?", because when the accused filed his notice of
appeal, from that very moment the court has lost jurisdiction
over the case. Jhen the court fi@ed the bail, he has must not yet
file his notice of appeal, so the court has the jurisdiction to
approve and fi@ the bail. 1he trouble is he immediately filed a
notice of appeal before his motion to post bail so the court has
no more jurisdiction to approve the bail. 7t should have been
approved by the 2ourt of *ppeals.
1hat is the ruling in the "bosa. "bviously, the S2 wanted to change
it. 1he application for bail may still be filed and acted upon by the trial
court despite the filing of a notice that is a modification of the "bosa
ruling provided it has not transmitted the original record. -ased on the
"bosa ruling, once the notice of appeal is filed, the trial court has no
more jurisdiction to act on the application for bail.
-ut ?"J under the ?5J +C,5S, it is still allowed even if there is
already a notice of appeal on the condition that the records are still with
the +12. 7f the records are already in the appellate court, you better
apply for bail before the 2ourt of *ppeals.
?ow the ne@t sentence
Dowever, if the decision of the trial court convicting the
accused changed the nature of the offense from non=bailable
to bailable, the application for bail can only be filed with and
resolved by the appellate court. Section 0, first paragraph,
last sentence)
1his is also a recognition and modification of the ruling of "bosa vs.
2*, supra.
7n the case of "bosa, the accused was charged with murder non=
bailable. -ut after the trial the court convicted him only for homicide, a
lesser offense. *nd homicide is bailable but discretionary in the court.
7f he was convicted for murder,he loses his right. -ut he was convicted
for homicide. So he applied for bail. *nd the court granted the bail.
*nd the S2 said the trial court should not grant bail because the accused
is appealing. Eor all you 8now on appeal, the appellate court may
reinstate the original charge for murder because when you appeal, the
whole case is open for review. So, because of the possibility that the
penalty of murder would be imposed, then there should be no bail. 1hat
was the ruling of "bosa vs. 2*.
?ow, of course it is now modified in the sense that, bail could be
granted in that situation because he was charged with a non=bailable
offense but found guilty of bailable offense. Dowever, if there is any
court which should grant the bail, it should be the 2* and not the trial
court. So these are new provisions which were somehow ta8en from the
ruling in "mosa which is also now modified. 1hat is the history of that
provision.
*lright. ?ow let us go to the second paragraph:
Should the court grant the application, the accused may be
allowed to continue on provisional liberty during the
pendency of the appeal under the same bail subject to the
consent of the bondsman. Section 0)
1his is more or less an e@ception to Section &GaH. Jhen you are
charged in the +12 and you post bail, the bail is only valid in the +12.
7f you want to appeal, and the court grants bail on appeal, you have to
post another bail.
-ut this provision grants the court the authority to say, :*lright, your
bail which you posted here will continue subject to the consent of the
bondsman.9 1hat is now the condition.
1he bondsman must be heard because the accused is already
convicted and might jump bail.
*lright, let us go now to the ne@t sentence:
7f the penalty imposed by the trial court is imprisonment
e@ceeding si@ /) years, the accused shall be denied bail, or
his bail shall be cancelled upon a showing by the prosecution,
with notice to the accuse, of the following or other similar
circumstances:
a) 1hat he is a recidivist, Auasi=recidivist, or habitual
delinAuent, or has committed the crime aggravated by the
circumstance of reiteration3
b) 1hat he has previously escaped from legal
confinement, evaded sentence, or violated the conditions of
his bail without valid justification3
c) 1hat he committed the offense while under probation,
parole, or conditional pardon3
d) 1hat the circumstances of his case indicate the
probability of flight if released on bail3 or
e) 1hat there is undue ris8 that he may commit another
crime during the pendency of the appeal.
1he appellate court may, motu proprio or on motion of any
party, review the resolution of the +egional 1rial 2ourt after
notice to the adverse party in either case. 0a)
,et us go bac8 to the basic:
Jhat is the jurisdiction of the +12O 1he penalty is / years and 1 day
up to death.
7f the penalty is prision mayor to reclusion temporal G/ yrs and 1 day
to &( yearsH bail could be granted on appeal but it is discretionary.
Dowever, even if the bail is granted the prosecution can inform the court
that the accused who was found guilty of homicide and granted bail is
actuallys a recidivist, or etc or any of the conditions mentioned in GaH
GeH. 1he court will now cancel the bail.
So bail is discretionary provided it will not fall under GaH, GbH, GcH, GdH,
or GeH. 7f you are a recidivist3 or a habitual delinAuent3 or have previously
escaped from a confinement3 or have committed an offense while under
probation, parole or conditional pardon3 or when the circumstances of
the case indicates the probability of flight there is a ris8 of flight)3 or
there is an undue ris8 that the you might commit another crime during
the pendency of the appeal, the court will not grant the bail. 7f the court
has already granted, the bail will be cancelled. 1a8e note of that.
F: Jhen is bail discretionaryO
*: -ased on that provision, after conviction by the +12 of an offense
not punishable by death, reclusion perpetua or life imprisonment,
provided the case does not fall under Section 0, third paragraph GaH=GeH of
the same law because once the case falls under any of these, no bail even
if it is a matter of discretion.
1a8e note of the second instance bail as a matter of discretion. 1he
first instance is when bail is a matter of right Section #. Jhen is bail
discretion Section 0. Section #, is absolute even if you are a recidivist.
2*S5: 1he accused was charged with homicide, there was no
conviction yet. *nd then bail. De jumped bailV -ut he was arrested
again. Jhen arrested he again posted bail. *fter a few months, he
jumped bail again then rearrested. *nd then he applied for bail for the
third time. 1his time, thye judge said no for jumping bail twice already. 7
will not grant you bail.9 *nd he Auestioned it before the court. 7s the
denial of bail correct because of the past record of the accusedO
1he S2 said ?" because the bail is a matter of right. De falls under
Section # there. Jala pang conviction. 5ven if he jumps bail 1(( times
you cannot deny him bail for as long as the crime is not punishable by
perpetua to death. Sy %uan vs. *mparo, 4$ !hil. /4(3 !eople vs. *lano,
.1 !hil. 1$)
F: Jhat is the remedy to this 8ind of accusedO +emedyO
*: 7ncrease the amount of bail.
!revious abscondence or escape is not a ground for the denial of the
bail3 it merely gives the court discretion to increase the amount of the
bond as will reasonably tend to assure the presence of the accused. Sy
%uan vs. *mparo, 4$ !hil. /4(3 !eople vs. *lano, .1 !hil. 1$)
JD5? -*7, 7S <5?75<
S52. /. 2apital offense defined. * capital offense is an
offense which, under the law e@isting at the time of its
commission and of the application for admission to bail, may
be punished with death. /a)
Defnition of 2apital A@ense
&n o@ense which ma! e punished with Death%
1. A% %)e %ime o+ i%& commi&&ion# and
2. A% %)e %ime o+ %)e a''lica%ion +or admi&&ion %o Aail
1. E0idence of mitigating circumstances
People 0. I&2
1#: S2)& 215
8anuar! 16, 151:
Second Di0ision% Paras, 8.
Issue%
In de%erminin( 7)e%)er %)e oBen&e i& ca'i%al# ma/ %)e cor%
%aIe in%o con&idera%ion %)e 're&ence o+ mi%i(a%in( and
a((ra$a%in( circm&%ance&J
9eld%
No. An oBen&e i& ca'i%al# i+ i% ma/ Ae 'ni&)ed A/ dea%)
nder Ao%) %)e la7 're$ailin( a% %)e %ime o+ i%& commi&&ion and
%)a% 're$ailin( a% %)e %ime o+ %)e a''lica%ion +or Aail# e$en i+ a+%er
con$ic%ion a 'enal%/ le&& %)an dea%) i& im'o&ed. T)e cri%erion %o
de%ermine 7)e%)er %)e oBen&e c)ar(ed i& ca'i%al i& %)e 'enal%/
'ro$ided A/ %)e la7 re(ardle&& o+ %)e a%%endan% circm&%ance&.
T)e ra%ionale o+ %)e 'ro$i&ion lie& in %)e di?cl%/ and
im'rac%icaAili%/ o+ de%erminin( %)e na%re o+ %)e oBen&e on %)e
Aa&i& o+ %)e 'enal%/ ac%all/ im'o&aAle. O%)er7i&e# %)e %e&% 7ill
re;ire con&idera%ion no% onl/ o+ e$idence &)o7in( commi&&ion o+
%)e crime A% al&o e$idence o+ %)e a((ra$a%in( and mi%i(a%in(
circm&%ance&. T)&# %)ere )a& %o Ae no% onl/ a com'le%e %rial A%
%)e %rial cor% m&% al&o alread/ render a deci&ion in %)e ca&e.
T)i& de+ea%& %)e 'r'o&e o+ Aail# 7)ic) i& %o en%i%le %)e acc&ed %o
'ro$i&ional liAer%/ 'endin( %rial.
2. E0idence of minorit!
7ra0o 0. 7or"a, 8r.
13# S2)& #==
'eruar! 11, 1513
'irst Di0ision% Plana, 8.
Issue%
W)ere %)e acc&ed 7)o i& c)ar(ed 7i%) a ca'i%al oBen&e i& a
minor# i& )e en%i%led %o Aail a& a ma%%er o+ ri()% e$en i+ %)e
e$idence o+ (il% i& &%ron(J
9eld%
Ye&. W)ere i% )a& Aeen e&%aAli&)ed 7i%)o% oAEec%ion %)a%
acc&ed i& a minor# i% +ollo7& %)a%# i+ con$ic%ed# )e 7old Ae (i$en
3the penalt" next lower than that prescribed b" law,5 7)ic)
eBec%i$el/ rle& o% %)e dea%) 'enal%/. T)e Con&%i%%ion 7i%))old&
%)e (aran%/ o+ Aail +rom one 7)o i& acc&ed o+ a ca'i%al oBen&e
7)ere %)e e$idence o+ (il% i& &%ron(. T)e oA$io& rea&on i& %)a%
one 7)o +ace& a 'roAaAle dea%) &en%ence )a& a 'ar%iclarl/
&%ron( %em'%a%ion %o Nee. T)i& rea&on doe& no% )old 7)ere
acc&ed )a& Aeen e&%aAli&)ed 7i%)o% oAEec%ion %o Ae a minor
7)o A/ la7 canno% Ae &en%enced %o dea%).
1a8e note that the crime is punishable by <5*1D not only at the time
of its commission but also at the time of the application for bail. 1he law
uses the conjunction :and.9 2.f. +* 4/0$ gives us a list of capital
offenses.
S52.4. 2apital offense or an offense punishable by
reclusion perpetua or life imprisonment, not bailable. ?o
person charged with a capital offense, or an offense
punishable by reclusion perpetua or life imprisonment, shall
be admitted to bail when evidence of guilt is strong,
regardless of the state of the criminal prosecution. 4a)
When ail shall e denied
1. <EFORE con$ic%ion A/ %)e RTCM
1. o+ an oBen&e 'ni&)aAle A/M
1. dea%)#
". reclusion perpetua# or
*. li+e im'ri&onmen%# and
". T)e e$idence o+ (il% i& &%ron(9
2. AFTER con$ic%ion A/ %)e RTC# 'endin( a''eal# o+ a oBen&e
'ni&)aAle A/M
1. dea%)#
". reclusion perpetua# or
*. li+e im'ri&onmen%9
3. AFTER con$ic%ion A/ %)e RTC o+ an oBen&e 7i%) an im'o&aAle
'enal%/ o+ im'ri&onmen% o+ more %)an 8 /ear& A% no% eGceedin(
"> /ear&# and i% i& &)o7n %)a%M
1. T)e acc&edM
1. i& a recidi$i&%#
". i& a ;a&iC recidi$i&%#
*. i& a )aAi%al delin;en%# or
,. )a& commi%%ed %)e crime a((ra$a%ed A/ %)e
circm&%ance& o+
rei%era%ion9
2. T)e acc&ed )a&M
1. e&ca'ed +rom le(al con!nemen%#
". e$aded &en%ence# or
*. $iola%ed %)e condi%ion& o+ )i& Aail 7i%)o% $alid
E&%i!ca%ion9
3. T)e acc&ed commi%%ed %)e oBen&e 7)ile nderM
1. 'roAa%ion#
". 'arole# or
*. condi%ional 'ardon9
,. T)e circm&%ance& o+ %)e acc&edP& ca&e indica%e& %)e
'roAaAili%/ o+ Ni()%
i+ relea&ed on Aail9 or
3. T)ere i& nde ri&I %)a% %)e acc&ed ma/ commi% ano%)er
crime drin(
%)e 'endenc/ o+ %)e a''eal.
1. 2hallenging of order granting ail
Pore 0. 2&
#=3 S2)& 36
8ul! 1, 2663
Second Di0ision% &ustria.4artine/, 8.
,uestion%
W)ere %)e cor% erroneo&l/ allo7& an acc&ed c)ar(ed 7i%)
a ca'i%al oBen&e %o 'o&% Aail# ma/ i%& order Ae c)allen(ed A/
cer%iorari a% an/%ime con&iderin( %)a% %)e Rle& 'ro$ide& %)a% no
'er&on c)ar(ed 7i%) a ca'i%al oBen&e &)all Ae admi%%ed %o Aail
Kre(ardle&& o+ %)e &%a(e o+ %)e criminal 'ro&ec%ionJL
&nswer%
No. I% i& %re %)a% nder Rle 11,# Sec. = o+ %)e Rle& o+
Cor%# an acc&ed c)ar(ed 7i%) a ca'i%al oBen&e i& no% en%i%led %o
Aail a% an/ %ime drin( %rial 7)en %)e e$idence o+ (il% i& &%ron(. I%
doe& no% mean )o7e$er %)a% &ince %)e acc&ed i& no% en%i%led %o
Aail a% an/ &%a(e o+ %)e %rial# a (ran% %)ereo+ can Ae ;e&%ioned
an/ %ime and 7i%)o% re(ard %o %)e 'eriod o+ !lin( 'ro$ided A/ %)e
Rle&. An order (ran%in( Aail i& in%erloc%or/ and 7)en i% i& i&&ed
7i%) (ra$e aA&e o+ di&cre%ion a &'ecial ci$il ac%ion can Ae
con&idered an a''ro'ria%e remed/. 0o7e$er# Rle 8-# Sec. , o+
%)e Rle& o+ Cor% 're&criAe& a 'eriod o+ 8> da/& 7i%)in 7)ic) %o
!le a &'ecial ci$il ac%ion +or certiorari.
1. 7ail while con0iction is on appeal
Padilla 0. 2&
2=6 S2)& 133
8ul! 31, 155=
<hird Di0ision% 'rancisco, 8.
'actsM
Acc&ed 7a& con$ic%ed A/ %)e RTC o+ $iola%ion o+ P.D. 1D88
and &en%enced %o an inde%ermina%e 'enal%/ o+ 1= /ear& , mon%)&
and 1 da/ o+ reclusion temporal %o "1 /ear& o+ reclusion perpetua.
0e a''ealed %o %)e CA# A% Ed(men% 7a& rendered a?rmin( )i&
con$ic%ion.
Issue%
I& acc&ed en%i%led %o Aail 'endin( re$ie7 o+ )i& con$ic%ion
A/ %)e S'reme Cor%J
9eld%
No. I+ an acc&ed 7)o i& c)ar(ed 7i%) a crime 'ni&)aAle A/
reclusion perpetua i& con$ic%ed A/ %)e %rial cor% and &en%enced
%o &Ber &c) a 'enal%/# Aail i& nei%)er a ma%%er o+ ri()% on %)e
'ar% o+ %)e acc&ed nor o+ di&cre%ion on %)e 'ar% o+ %)e cor%. In
%)i& ca&e# acc&ed 7a& con$ic%ed o+ a crime 'ni&)aAle A/
reclusion perpetua. T)ere+ore# 7e !nd acc&ed no% en%i%led %o Aail
a& )i& con$ic%ion clearl/ im'or%& %)a% %)e e$idence o+ )i& (il% i&
&%ron(. And con%rar/ %o )i& a&&e$era%ion# a &mmar/ )earin( +or
)i& Aail a''lica%ion +or %)e &ole 'r'o&e o+ de%erminin( 7)e%)er or
no% e$idence i& &%ron( i& nnece&&ar/. Indeed# %)e eG%en&i$e %rial
Ae+ore %)e RTC and %)e a''eal Ae+ore %)e CA are more %)an
&?cien% in accom'li&)in( %)e 'r'o&e +or 7)ic) a &mmar/
)earin( +or Aail a''lica%ion i& de&i(ned.
Su''ary
When 7ail is a 4atter of )ight
1. 7E'A)E con0iction ! the 4<2M
2. &'<E) con0iction ! the 4<2 pending appro0alM
3. 7E'A)E con0iction ! the )<2 and the imposale
penalt! for the o@ense is -A<%
1. dea%)#
2. reclusion perpetua, or
3. li+e im'ri&onmen%9
#. 7E'A)E con0iction ! the )<2%
1. +or an oBen&e 'ni&)aAle A/M
1. dea%)#
2. reclusion perpetua, or
3. li+e im'ri&onmen%
2. <% %)e e$idence o+ (il% i& NOT &%ron(
When 7ail is Discretionar!
1. Cpon con0iction ! the )<2 of an o@ense -A<
punishale !%
1. dea%)
2. reclusion perpetua, or
3. li+e im'ri&onmen%#
2. Pro0ided it is shown that%
1. T)e acc&edM
1. i& NOT a recidi$i&%#
2. i& NOT a ;a&iCrecidi$i&%#
3. i& NOT a )aAi%al delin;en%# or
#. )a& NOT commi%%ed %)e crime a((ra$a%ed A/ %)e
circm&%ance o+
rei%era%ion9
2. T)e acc&ed )a& NOTM
1. e&ca'ed +rom le(al con!nemen%#
2. e$aded &en%ence# or
3. $iola%ed %)e condi%ion& o+ )i& Aail 7i%)o% $alid
E&%i!ca%ion9
3. T)e acc&ed did NOT commi% %)e oBen&e 7)ile nderM
1. 'roAa%ion#
2. 'arole# or
3. condi%ional 'ardon9
#. T)e circm&%ance& o+ %)e acc&edP& ca&e doe& NOT
indica%e %)e
'roAaAili%/ o+ Ni()% i+ relea&ed on Aail9 or
3. T)ere i& NO nde ri&I %)a% %)e acc&ed ma/ commi%
ano%)er crime
drin( %)e 'endenc/ o+ %)e a''eal.
E@ect when 7ail is Discretionar! and the &ccused fles a
-otice of &ppeal
1. <he application for ail ma! e fled and acted upon !
the )<2%
I+ %)e ori(inal record )a& no% /e% Aeen %ran&mi%%ed %o %)e
a''ella%e cor%
2. <he application for ail can onl! e fled and resol0ed
! the appellate court%
I+ %)e deci&ion o+ %)e RTC con$ic%in( %)e acc&ed c)an(ed
%)e na%re o+ %)e
oBen&e +rom nonCAailaAle %o AailaAle
3. If the proper court grants the application for ail%
1. T)e acc&ed ma/ Ae allo7ed %o con%ine on 'ro$i&ional
liAer%/ drin( %)e
'endenc/ o+ %)e a''eal nder %)e &ame Aail#
2. 0o7e$er# %)i& m&% Ae 7i%) %)e con&en% o+ %)e Aond&man
#. When it is the )<2 which resol0es the application for
ail%
1. T)e a''ella%e cor% ma/ re$ie7 %)e re&ol%ion o+ %)e RTCM
1. motu propio, or
". on mo%ion o+ an/ 'ar%/# and
2. No%ice m&% Ae (i$en %o %)e ad$er&e 'ar%/
When ail shall e denied
1. <EFORE con$ic%ion A/ %)e RTCM
1. o+ an oBen&e 'ni&)aAle A/M
1. dea%)#
". reclusion perpetua# or
*. li+e im'ri&onmen%# and
". T)e e$idence o+ (il% i& &%ron(9
2. AFTER con$ic%ion A/ %)e RTC# 'endin( a''eal# o+ a oBen&e
'ni&)aAle A/M
1. dea%)#
". reclusion perpetua# or
*. li+e im'ri&onmen%9
3. AFTER con$ic%ion A/ %)e RTC o+ an oBen&e 7i%) an im'o&aAle
'enal%/ o+ im'ri&onmen% o+ more %)an 8 /ear& A% no% eGceedin(
"> /ear&# and i% i& &)o7n %)a%M
1. T)e acc&edM
1. i& a recidi$i&%#
". i& a ;a&iC recidi$i&%#
*. i& a )aAi%al delin;en%# or
,. )a& commi%%ed %)e crime a((ra$a%ed A/ %)e
circm&%ance& o+
rei%era%ion9
2. T)e acc&ed )a&M
1. e&ca'ed +rom le(al con!nemen%#
". e$aded &en%ence# or
*. $iola%ed %)e condi%ion& o+ )i& Aail 7i%)o% $alid
E&%i!ca%ion9
3. T)e acc&ed commi%%ed %)e oBen&e 7)ile nderM
1. 'roAa%ion#
". 'arole# or
*. condi%ional 'ardon9
,. T)e circm&%ance& o+ %)e acc&edP& ca&e indica%e& %)e
'roAaAili%/ o+ Ni()%
i+ relea&ed on Aail9 or
3. T)ere i& nde ri&I %)a% %)e acc&ed ma/ commi% ano%)er
crime drin(
%)e 'endenc/ o+ %)e a''eal.
S52. .. -urden of proof in bail application. *t the
hearing of an application for bail filed by a person who is in
custody for the commission of an offense punishable by
death, reclusion perpetua, or life imprisonment, the
prosecution has the burden of showing that evidence of guilt
is strong. 1he evidence presented during the bail hearing
shall be considered automatically reproduced at the trial but,
upon motion of either party, the court may recall any witness
for additional e@amination unless the latter is dead, outside
the !hilippines, or otherwise unable to testify. .a)
Procedure and )e?uirements in the &pplication for 7ail%
1. An a''lica%ion +or Aail i& !led A/ a 'er&on 7)o i& in c&%od/ +or
%)e commi&&ion o+ an oBen&e 'ni&)aAle A/ dea%)# reclusion
perpetua, or li+e im'ri&onmen%9
2. T)ere m&% Ae a )earin( %o de%ermine a& %o 7)e%)er or no% %)e
e$idence o+ (il% i& &%ron(9
3. T)e Arden i& on %)e 'ro&ec%ion %o 'ro$e %)a% %)e e$idence o+
(il% i& &%ron(9
#. T)e e$idence 're&en%ed drin( %)e Aail )earin( &)all Ae
con&idered a%oma%icall/ re'rodced a% %)e %rial# A%
3. T)e cor% ma/ recall an/ 7i%ne&& +or addi%ional eGamina%ionM
1. 'on mo%ion o+ ei%)er 'ar%/#
2. nle&& %)e 7i%ne&& %o Ae called i&M
1. dead#
2. o%&ide %)e P)ili''ine&# or
3. o%)er7i&e naAle %o %e&%i+/
1. Duties of the "udge
Guno 0. 2aee
### S2)& 312
-o0emer 2=, 266#
<hird Di0ision% Sando0al.(utierre/, 8.
,uestion%
W)a% are %)e d%ie& o+ a Ed(e 7)en an a''lica%ion +or Aail i&
!ledJ
&nswer%
T)e +ollo7in( rle& o%line %)e d%ie& o+ %)e Ed(e in ca&e an
a''lica%ion +or Aail i& !ledM
1. In all ca&e& 7)e%)er Aail i& a ma%%er o+ ri()% or di&cre%ion#
notif" the prosecutor o+ %)e )earin( o+ %)e a''lica%ion +or Aail or
re;ire )im %o &Ami% )i& recommenda%ion 2Sec. 1D# Rle 11, o+
%)e Re$i&ed Rle& o+ Criminal Procedre39
". W)ere Aail i& a ma%%er o+ di&cre%ion# conduct a hearing o+
%)e a''lica%ion +or Aail re(ardle&& o+ 7)e%)er or no% %)e
'ro&ec%ion re+&e& %o 're&en% e$idence %o &)o7 %)a% %)e (il% o+
%)e acc&ed i& &%ron( +or %)e 'r'o&e o+ enaAlin( %)e cor% %o
eGerci&e i%& &ond di&cre%ion 2Sec. = and D# id39
*. Decide 7)e%)er %)e (il% o+ %)e acc&ed i& &%ron( Aa&ed
on %)e &mmar/ o+ e$idence o+ %)e 'ro&ec%ion9
,. I+ %)e (il% o+ %)e acc&ed i& no% &%ron(# di&c)ar(e %)e
acc&ed 'on %)e a''ro$al o+ %)e Aail Aond 2Sec. 1F# id39
o%)er7i&e %)e 'e%i%ion &)old Ae denied.
2. -eed for application and hearing
(rageda 0. <res0alles
#21 S2)& 366
'eruar! 2, 266#
Second Di0ision% 2alle"o, Sr., 8.
'acts%
A com'lain% +or mrder 7a& !led +or 'reliminar/
in$e&%i(a%ion Ae+ore %)e 1TC. A+%er eGaminin( %)e 7i%ne&&e&# %)e
Ed(e i&&ed on order !ndin( 'roAaAle ca&e a(ain&% acc&ed#
ordered %)e i&&ance o+ a 7arran% o+ arre&% a(ain&% )im# and a%
%)e &ame %ime !Ged Aail a% P*>#>>>. T)e Pro$incial Pro&ec%or
&A&e;en%l/ condc%ed a 'reliminar/ in$e&%i(a%ion a+%er %)e
record& 7ere %ran&mi%%ed %o i% and !led an in+orma%ion +or mrder
a(ain&% %)e acc&ed.
Issue%
Con&iderin( %)a% %)e com'lain% i& +or mrder# a ca'i%al
oBen&e# i& %)e Ed(e liaAle +or (ro&& i(norance o+ %)e la7 +or
(ran%in( Aail 7i%)o% an/ )earin( or an a''lica%ion +rom %)e
acc&edJ
9eld%
Ye&. Sec. D# Rle 11, o+ %)e Rle& o+ Cor% 'ro$ide& %)a% a%
%)e )earin( o+ an a''lica%ion +or Aail !led A/ a 'er&on 7)o i& in
c&%od/ +or %)e commi&&ion o+ an oBen&e 'ni&)aAle A/ dea%)#
reclusion perpetua# or li+e im'ri&onmen%# %)e 'ro&ec%ion )a& %)e
Arden o+ &)o7in( %)a% %)e e$idence o+ (il% i& &%ron(. T)e
im'or%ance o+ %)e Rle lie& on %)e +ac% %)a% on %)e re&l% o+ %)e
Aail )earin( de'end& %)e ri()% o+ an acc&ed %o 'ro$i&ional liAer%/
$i&CaC$i& %)e d%/ o+ %)e S%a%e %o 'ro%ec% %)e 'eo'le a(ain&%
dan(ero& elemen%&. T)e re&ol%ion o+ %)e i&&e aBec%& im'or%an%
norm& in or &ocie%/M liAer%/ on one )and# and order on %)e o%)er.
To minimi6e# i+ no% elimina%e# error and arAi%rarine&& in a Ed(eP&
deci&ion# %)e Rle& re;ire %)e Ed(e %o )ear %)e 'ar%ie& and %)en
maIe an in%elli(en% a&&e&&men% o+ %)eir e$idence. T)&# %)e (ran%
o+ Aail 7i%)o% de )earin( de'ri$e& %)e 'ro&ec%ion o+ 'rocedral
de 'roce&&.
3. Summar! hearing in ail application
People 0. (aBo, 8r.
3#1 S2)& 33#
Decemer 13, 2666
<hird Di0ision% (on/aga.)e!es, 8.
,uestion%
W)a% i& a &mmar/ )earin( +or %)e 'r'o&e o+ de%erminin(
7)e%)er a 'er&on c)ar(ed 7i%) a ca'i%al oBen&e ma/ Ae (ran%ed
AailJ
&nswer%
A &mmar/ )earin( i& de!ned a& K&c) Arie+ and &'eed/
me%)od o+ recei$in( and con&iderin( %)e e$idence o+ (il% a& i&
'rac%icaAle and con&i&%en% 7i%) %)e 'r'o&e o+ )earin( 7)ic) i&
merel/ %o de%ermine %)e 7ei()% o+ e$idence +or %)e 'r'o&e& o+
Aail.L On &c) )earin(# %)e cor% doe& no% &i% %o %r/ %)e meri%& or
%o en%er in%o an/ in;ir/ a& %o %)e 7ei()% %)a% o()% %o Ae allo7ed
%o %)e e$idence +or or a(ain&% %)e acc&ed# nor 7ill i% &'ecla%e on
%)e o%come o+ %)e %rial or on 7)a% +r%)er e$idence ma/ Ae
%)erein oBered and admi%%ed. T)e cor&e o+ in;ir/ ma/ Ae le+% %o
%)e di&cre%ion o+ %)e cor% 7)ic) ma/ con!ne i%&el+ %o recei$in(
&c) e$idence a& )a& re+erence %o &A&%an%ial ma%%er&# a$oidin(
nnece&&ar/ eGamina%ion and cro&& eGamina%ion.
#. 8oint ail hearing and trial
Serapio 0. Sandigana!an
35= S2)& ##3
8anuar! 21, 2663
En 7anc% 2alle"o, Sr., 8.
'acts%
Pre&iden% E&%rada 7a& on %rial +or Plnder Ae+ore %)e
Sandi(anAa/an. W)ile %)e %rial 7a& in 'ro(re&&# )i& &on .in((o/# a
coCacc&ed# a''lied +or Aail.
Issue%
1a/ %)e 'e%i%ion +or Aail# 7)ic) re;ire& onl/ a &mmar/
)earin(# o+ .in((o/# Ae )eard Eoin%l/ 7i%) %)e %rial o+ %)e +ormer
Pre&iden%J
9eld%
No. T)e Eoinder o+ %)e )earin(& o+ %)e 'e%i%ion +or Aail 7i%)
%)e %rial o+ %)e ca&e a(ain&% +ormer Pre&iden% E&%rada i& im'ro'er.
W)ile %)e 'roceedin(& +or Aail 7old Ae &mmar/# a& a(ain&% %)e
+ormer Pre&iden% %)e 'roceedin(& 7ill Ae a +llCAlo7n %rial 7)ic) i&
an%i%)e%ical %o %)e na%re o+ a Aail )earin(. Wi%) %)e Eoinder o+ %)e
)earin( o+ %)e 'e%i%ion +or Aail and %)e %rial o+ %)e +ormer
Pre&iden%# %)e la%%er 7ill )a$e %)e ri()% %o cro&&CeGamine
in%en&i$el/ and eG%en&i$el/ %)e 7i%ne&&e& +or %)e 'ro&ec%ion in
o''o&i%ion %o %)e 'e%i%ion +or Aail o+ .in((o/. I+ .in((o/ 7ill addce
e$idence in &''or% o+ )i& 'e%i%ion a+%er %)e 'ro&ec%ion &)all )a$e
conclded i%& e$idence# %)e +ormer Pre&iden% ma/ in&i&% on cro&&C
eGaminin( .in((o/ and )i& 7i%ne&&e&. T)e Eoinder o+ %)e )earin(
7ill Ae 'reEdicial %o .in((o/ a& i% 7ill ndl/ dela/ %)e
de%ermina%ion o+ %)e i&&e o+ %)e ri()% o+ .in((o/ %o oA%ain
'ro$i&ional liAer%/ and &eeI relie+ +rom %)i& Cor% i+ )i& 'e%i%ion i&
denied.
3. -eed for reuttal e0idence
People 0. (ome/
323 S2)& =1
'eruar! 1, 2666
Second Di0ision% 7ellosillo, 8.
,uestion%
W)ere %)e acc&ed 7a& no% (i$en %)e o''or%ni%/ %o reA%
%)e e$idence &Ami%%ed A/ %)e 'ro&ec%ion in a Aail )earin(# 7)a%
&)old Ae %)e 'ro'er remed/J
&nswer%
W)ere %)e 'ro&ec%ion 7a& no% (i$en %)e c)ance %o 're&en%
e$idence %o 'ro$e %)a% %)e (il% o+ %)e acc&ed 7a& &%ron(# 7e
)eld %)a% %)e 'ro'er remed/ 7a& +or )im %o !le a 'e%i%ion +or
certiorari nder Rle 8-. T)i& &ame 'rinci'le m&% a''l/ %o ca&e&
7)ere %)e de+en&e 7a& no% accorded a c)ance %o 're&en% an/
reA%%al e$idence. W)en %)e %rial cor% denied )i& a''lica%ion +or
Aail acc&ed &)old )a$e !led a 'e%i%ion +or certiorari Ae+ore %)e
a''ella%e cor%.
=. &ppearance of counsel for complainant
(oodman 0. dela Dictoria
323 S2)& =31
'eruar! 1=, 2666
'irst Di0ision% Pardo, 8.
'acts%
A com'lain% +or mrder 7a& !led a(ain&% acc&ed Ae+ore %)e
Pro$incial Pro&ec%ion O?ce. Since %)e/ 7ere arre&%ed 7i%)o% a
7arran% o+ arre&%# %)e/ a&Ied +or a 'reliminar/ in$e&%i(a%ion and
7ai$ed %)eir ri()%& nder Ar%. 1"- o+ %)e Re$i&ed Penal Code.
1ean7)ile %)e/ a''lied +or Aail Ae+ore %)e RTC.
Issue%
1a/ con&el +or 'ri$a%e com'lain% a''ear in cor% %o o''o&e
a Aail a''lica%ion 7i%)o% a%)ori%/ +rom %)e 'Alic 'ro&ec%orJ
9eld%
Ye&. T)ere i& no 'ro)iAi%ion +or con&el o+ com'lainan% %o
a''ear Ae+ore %)e cor% drin( %)e )earin( +or admi&&ion %o Aail o+
an acc&ed. T)ere i& no need o+ an/ &'ecial a%)ori%/ +rom %)e
'Alic 'ro&ec%or %o do &o.
:. 2ontent of order
People 0. Presiding 8udge
#31 S2)& 315
8une 1, 266#
'irst Di0ision% Panganian, 8.
'acts%
A+%er condc%in( a )earin( on %)e a''lica%ion +or Aail +or %)e
crime o+ mrder# %)e Ed(e i&&ed %)e +ollo7in( orderM
KT)i& i& a PETITION FOR <AIL.
A+%er %)e Cor% e$ala%ed %)e e$idence and %)e
%e&%imon/ o+ %)e 'ro&ec%ion 7i%ne&&e&# i% 7a& &)o7n %)a% %)e
$ic%im 7a& (nned do7n admi%%edl/ A/ Acc&ed drin( a ;arrel#
or immedia%el/ &oon a+%er# 7i%) %)e ;arrel &%ill con%inin(.
T)e Pe%i%ion +or <ail i& %)ere+ore (ran%ed and %)e &ame
i& &e% a% FIFTY T0OUSAND PESOS 2P->#>>>.3.L
Issue%
I& %)e order $alidJ
9eld%
No. On i%& +ace# %)e oneC'a(e Order demon&%ra%e& (ra$e
aA&e o+ di&cre%ion. T)e order (ran%in( or re+&in( %)e Aail m&%
con%ain a &mmar/ o+ %)e e$idence 're&en%ed A/ %)e 'ro&ec%ion.
T)ere are %7o rea&on& +or %)i& re;iremen%. )irst# %)e
&mmar/ o+ %)e e$idence in %)e order i& an eG%en&ion o+ %)e
)earin( 'ro'er# %)&# a 'ar% o+ 'rocedral de 'roce&& 7)erein
%)e e$idence 're&en%ed drin( %)e 'rior )earin( i& +ormall/
reco(ni6ed a& )a$in( Aeen 're&en%ed and mo&% im'or%an%l/#
con&idered. T)e +ailre %o inclde e$er/ 'iece o+ e$idence in %)e
&mmar/ 're&en%ed A/ %)e 'ro&ec%ion in %)eir +a$or drin( %)e
'rior )earin( 7old Ae %an%amon% %o no% (i$in( %)em %)e
o''or%ni%/ %o Ae )eard in &aid )earin(# +or %)e in+erence 7old
Ae %)a% %)e/ 7ere no% con&idered a% all in 7ei()in( %)e e$idence
o+ (il%. Sc) 7old Ae a denial o+ de 'roce&&# +or de 'roce&&
mean& no% onl/ (i$in( e$er/ con%endin( 'ar%/ %)e o''or%ni%/ %o
Ae )eard A% al&o +or %)e Cor% %o con&ider e$er/ 'iece o+
e$idence 're&en%ed in %)eir +a$or. !econd#
%)e &mmar/ o+ %)e e$idence in %)e order i& %)e Aa&i& +or %)e
Ed(eP& eGerci&in( )i& Edicial di&cre%ion. Onl/ a+%er 7ei()in( %)e
'iece& o+ e$idence a& con%ained in %)e &mmar/ 7ill %)e Ed(e
+ormla%e )i& o7n concl&ion a& %o 7)e%)er %)e e$idence o+ (il%
a(ain&% %)e acc&ed i& &%ron( Aa&ed on )i& di&cre%ion.
T)e a&&ailed Order 7a& &orel/ de+ec%i$e in Ao%) +orm and
&A&%ance. I% )ad no &mmar/ o+ %)e e$idence# A% merel/ a cr%
oneC&en%ence de&cri'%ion o+ %)e e$idence +or %)e 'ro&ec%ion.
Nei%)er did %)e Order )a$e a concl&ion on 7)e%)er %)e e$idence
o+ (il% 7a& &%ron(. Wi%)o% &c) concl&ion# %)ere 7a& no Aa&i&
+or (ran%in( Aail.
1. &ppeal ! o@ended part!
People 0. 2alo, 8r.
11= S2)& =26
8une 11, 1556
En 7anc% 7idin., 8.
Issue%
Doe& %)e 'ri$a%e com'lainan% )a$e &%andin( %o ;e&%ion %)e
(ran%in( o+ %)e Aail %o acc&ed on cer%iorari 7i%)o% 'rior a''ro$al
or con+ormi%/ o+ %)e Solici%or GeneralJ
9eld%
Ye&. W)ile %)e rle i& %)a% onl/ %)e Solici%or General ma/
Arin( or de+end ac%ion& on Ae)al+ o+ %)e Re'Alic o+ %)e
P)ili''ine&# or re're&en% %)e Peo'el or %)e S%a%e in criminal
'roceedin(& 'endin( in %)e SC and %)e CA# an oBended 'ar%/ in a
criminal ca&e )a& &?cien% 'er&onali%/ and a $alid (rie$ance
a(ain&% an order (ran%in( Aail %o %)e acc&ed. T)i& i& in line 7i%)
%)e nderl/in( &'iri% o+ a liAeral con&%rc%ion o+ %)e Rle& o+ Cor%
in order %o 'romo%e %)eir oAEec%# a& a(ain&% %)e li%eral
in%er're%a%ion o+ Rle 11># Sec. ".
5. E@ect of determination of strength of e0idence
People 0. 9apa
3=1 S2)& 3=1
8ul! 15, 2661
'irst Di0ision% Pardo, 8.
'acts%
Acc&ed 7a& c)ar(ed 7i%) mrder. 0e a''lied +or# and 7a&
allo7ed %o 'o&% Aail drin( %rial. SA&e;en%l/# )e 7a& con$ic%ed
o+ mrder. On a''eal# )e ar(e& %)a% &ince )e 7a& allo7ed %o 'o&%
Aail# i% +ollo7ed %)a% %)e Ed(e +ond %)a% %)e e$idence o+ %)e
'ro&ec%ion 7a& no% &%ron(# &o %)a% a% mo&% )e cold Ae con$ic%ed
onl/ o+ )omicide.
Issue%
I& %)e ar(men% correc%J
9eld%
T)e ar(men% i& mani+e&%l/ Na7ed. In a &mmar/ )earin(
condc%ed +or %)e 'r'o&e o+ de%erminin( 7)e%)er %)e e$idence
o+ (il% i& &%ron( +or 'r'o&e& o+ Aail# 7)a% %)e cor% doe& i& %o
de%ermine %)e 7ei()% o+ %)e e$idence# no% %)e (il% or innocence
o+ %)e acc&ed. On &c) )earin(# %)e cor% doe& no% &i% %o %r/ %)e
meri%& or %o en%er in%o an/ in;ir/ a& %o %)e 7ei()% %)a% o()% %o
Ae allo7ed %o %)e e$idence +or or a(ain&% %)e acc&ed nor 7ill i%
&'ecla%e on %)e o%come o+ %)e %rial or on 7)a% +r%)er e$idence
ma/ Ae %)erein oBered and admi%%ed.
16. Cse of e0idence presented during hearing
People 0. Singh
3=6 S2)& #6#
8une 25, 2661
Second Di0ision% 7uena, 8.
Issue%
1a/ %)e %rial cor% nila%erall/ declare %)a% %)e e$idence
're&en%ed drin( %)e Aail )earin( are con&idered a%oma%icall/
re'rodced a% %)e %rial o+ %)e main ca&eJ
9eld%
Ye&. Sec. D# Rle 11, o+ %)e Rle& o+ Cor% &'eci!call/
'ro$ide& %)a% 3the evidence presented during the bail hearings
shall be considered automaticall" reproduced at the trial.5 T)e
manda%e o+ %)e Rle& i& clear and %)ere i& no need +or %)e %rial
cor% %o i&&e an order &o %)a% %)e e$idence 're&en%ed in %)e Aail
'roceedin(& ma/ Ae con&idered a%oma%icall/ re'rodced a% %)e
%rial.
Iou are arrested for a non=bailable offense, what is the procedureO Iou
file an application for bail. *nd once an application for bail is filed, it is
now M*?<*1"+I for the court to conduct a hearing for the
prosecution to present evidence to prove that the guilt is strong, not guilt
beyond reasonable doubt because the latter is for conviction.
Iou present some of the witnesses but not all. Iou present some of
your evidence after that, the court will now consider whether the
evidence of guilt is strong or not.
5ither way the court will continue with the trial.

F: Jhat happens now to those witnessesO Should they be recalled
during the trialO
*: ?". Cnder Section ., the evidence received during the bail
hearing is automatically reproduced at the trial. -ut you can add more
witnesses and more evidence.
Supposing the prosecutor manifests that he has no onjection can the
court immediately grant the application for bailO
?"V 1he S2 said that there must be a hearing. 5ven if the prosecution
will not want to present evidence, the court must reAuire a hearing. *nd
the court cannot dispense with the hearing.
2ases.
1C2*I vs. >C<%5 <"M*%*S
G*dm. Matter ?o. +1>=$0=1&./H March &, 1$$0
D5,<: :*lthough the !rovincial !rosecutor had interposed
no objection to the grant of bail to the accused, respondent
judge should nevertheless have set the petition for bail for
hearing and diligently ascertained from the prosecution whether
the latter was not really contesting the bail application.9
:De should have called a hearing for the additional reason of
ta8ing into account the guidelines in +ule 11# in fi@ing the
amount of the bail. "nly after satisfying himself that the
prosecution did not wish to oppose the petition for bail for
justifiable cause e.g., for tactical reasons) and ta8ing into
account the factors enumerated in +ule 11#, sec. / for fi@ing
bail should respondent judge have granted the petition for bail
and ordered the release of the accused.9
%C7,,5+M" vs. >C<%5 +5I5S, >+.
>anuary 1., 1$$0
D5,<: :* hearing, in the nature of a summary proceeding
entailing judicial determination is reAuired where the grant of
bail is addressed to the discretion of the court. 1he prosecution
should be given the opportunity to adduce evidence thereat after
which the court should then spell out at least a summary or
resume of the evidence on which the order, whether it be
affirmative or negative, is based. "therwise, the order is
defective or voidable.9
Meaning, if you grant or deny bail, a court order must issue where he
summariBes the evidence, then state why it believes it is strong or it is
wea8. "therwise the judge is administratively liable for not complying
with the reAuirement.
*C+7,," vs. E+*?27S2"
&'0 S2+* &.'
D5,<: 7n a hearing for petition for bail, affidavits will not
suffice. Jitnesses must be presented to testify. *ffidavits will
suffice only when it determines probable cause for the
purpose of whether or not to issue search warrant. 1he judge
has the personal duty of calling the witnesses one by one to
hear them or review the evidence, i.e. affidavits presented at
the fiscalLs office.
:;erily, it was patent error for him to base his order
granting bail merely on the supporting affidavits attached to
the information since those were merely intended to establish
probable cause as basis for the issuance of an arrest warrant,
and not to control his discretion to deny or grant bail in all
situations9
*%C7++5 vs. >C<%5 -5,M"?15
"ctober &4, 1$$#
D5,<: :5ven if the prosecution fails to adduce evidence in
opposition to an application for bail of an accused, the court
may still reAuire that it answer Auestions in order to ascertain
not only the strength of the stateXs evidence but also the
adeAuacy of the amount of bail.9
1he court will have to as8 the prosecution, why are you not
opposingO
Jhether to grant or deny bail, a hearing is a 1((Z reAuisite.
"therwise the order granting or denying bail is defective, and the judge
may lose his job.
,etLs go to this important Auestion:
F: Eor bail to be denied, what are the reAuirementsO
*: Cnder the law:
1. the evidence of guilt is strong3
&. the crime is punishable by death, reclusion perpetua or life
imprisonment3
-+*;", >+. vs. -"+>*
1'# S2+* #//
E*21S: 1he accused was charged with murder. 1he accused
filed a petition for bail where the case is pending on the
argument that when he committed a crime, he was only 1/ years
old. De attached his birth certificate in the application for bail.
De argued that if found guilty, the penalty is automatic one 1)
degree lower so, temporal. 1he worst that will happen to him
is temporal. 1herefore, bail now becomes a matter of right.
7SSC5 Q1: 7n the hearing for bail, should the court allow the
presentation of evidence of mitigating or aggravating
circumstancesO
D5,<: ?". -ravo, >r. is wrong. 7n the hearing for a petition
for bail, the presentation of aggravating and mitigating
circumstances is ?"1 covered because if the court will reAuire
the presentation of said circumstances, then there would be a
need for a trial on the merits of the case. *ll the court has to do
after the bail hearing would be to render a decision. 1hat would
defeat the purpose of the hearing for bail.
7SSC5: Q&: Jhether or not -ravo, >r. is entitled to bail.
D5,<: I5S. *lthough the presentation of aggravating and
mitigating circumstances is ?"1 allowed, the S2 said, however,
we cannot close our eyes to the fact that when -ravo, >r.
committed the crime he was only 1/ years old. ?ormally, we
close our eyes, but in this case, we cannot because he alleged it.
*s a matter of fact, his birth certificate was attached to this
petition and the prosecution <7< ?"1 challenge his minority.
Since the plea of minority is already before us and the accused
did not challenge it, we cannot close our eyes to the fact that
even if we find him guilty, the penalty to be imposed would not
be reclusion perpetua or death but lower. Since the probable
penalty is not death or perpetua, then he is entitled to bail as a
matter of right.
F: So what are the principal points to remember in the case of -ravo,
>rO
*: 1he following:
1. that in a petition for bail there should be no evidence of any
aggravating or mitigating circumstances. 7t should not be
presented in a petition for bail. 1his should be presented during
the trial3
&. however, despite the fact that it should not be presented, if it is
alleged and presented there and the prosecution did not dispute
it, the court should consider it just the same3 and
'. even if the accused is charged with a crime punishable by death,
perpetua or life imprisonment and the evidence of guilt is
strong, if the probable imposable penalty is less than perpetua,
bail becomes a matter of right.
!5"!,5 vs. 2*,"
1./ S2+* /&( G1$$(H
E*21S: 1hree ') people were accused of murder for the
death of the victim. 1he prosecution recommended no bail.
*fter a hearing to determine whether the evidence of guilt is
strong, the trial court issued the order granting bail. 1he son of
the victim went to the S2 Auestioning the order granting the bail
of the accused.
7SSC5: Jhether or not the son of the victim has sufficient
legal personality to Auestion the order granting bailO ?ormally,
if there is anyone who should Auestion it, it should be the
Solicitor %eneral representing the people of the !hilippines)
D5,<: Jhile the rule is, only the Solicitor %eneral may
represent the !eople or the State in criminal proceedings
pending in this 2ourt and the 2ourt of *ppeals, the ends of
substantial justice would be better served, and the issues in this
action could be determined in a more just, speedy and
ine@pensive manner, by entertaining the petition at bar. *s an
offended party in a criminal case, private petitioner has
sufficient personality and a valid grievance against the judgeXs
order granting bail to the alleged murderers of his private
petitionerXs) father.
So, the case of 2alo was considered an e@ception because he is also
an aggrieved party the aggrieved parties are the !eople and the family
of the victim. So in this case, the son is also an aggrieved party.
S52. $. *mount of bail3 guidelines. 1he judge who issued the
warrant or granted the application shall fi@ a reasonable amount of
bail considering primarily, but not limited to, the following factors:
a) Einancial capability of the accused to give bail3
b) ?ature and circumstance of the offense3
c) !enalty for the offense charged3
d) 2haracter and reputation of the accused3
e) *ge and health of the accused3
f) Jeight of the evidence against the accused3
g) !robability of the accused appearing at the trial3
h) Eorfeiture of other bail3
i) 1he fact that the accused was a fugitive from justice
when arrested3 and
j) !endency of other cases where the accused is on bail.
5@cessive bail shall not be reAuired. $a)
F: Jhen bail shall be granted, how much must the amount beO
*: 1here are guidelines under Section $. "f course one of the factors
is paragraph GcH penalty for the offense charged. 1hatLs why the <">
has a guidelines. -ut that is only one of the factors. 1he court can either
follow the recommendation, raise it or lower it. *ll these guidelines
where ta8en from the ruling in the case of ;7,,*S5U"+ ;S. *-*?"
&1 S2+* '1&)
F: Jhat do you mean by corporate suretyO
*: Section 1(:
S52. 1(. 2orporate surety. *ny domestic or foreign
corporation, licensed as a surety in accordance with law and
currently authoriBed to act as such, may provide bail by a
bond subscribed jointly by the accused and an officer of the
corporation duly authoriBed by its board of directors. 1(a)
)e?uisites for Pro0iding a 7ail 7ond in the form of a
2orporate Securit!
1. It must e pro0ided ! a domestic or foreign
corporation which is%
1. licen&ed a& a &re%/# and
". a%)ori6ed %o ac% a& a &re%/9
2. It must e%
1. .oin%l/ &A&criAed A/M
1. %)e acc&ed# and
". an o?cer o+ %)e cor'ora%ion9 and
". A%)ori6ed A/ i%& Aoard o+ direc%or&
1. )e?uisites for suret! ond
4angalindan 0. 2&
2#= S2)& 163
8ul! 1#, 1553
En 7anc% Per 2uriam
,uestion%
W)a% are %)e re;i&i%e& Ae+ore a &re%/ Aond ma/ Ae
acce'%edJ
&nswer%
<e+ore acce'%in( a &re%/ Aond a clerI o+ cor% re;ire %)e
+ollo7in(M 2a3 ')o%o(ra')& o+ %)e acc&ed# 2A3 a?da$i% o+
E&%i!ca%ion# 2c3 clearance +rom %)e SC# 2d3 cer%i!ca%e o+
com'liance 7i%) Circlar No. 88 41F Se' 1F885 o+ %)e In&rance
Commi&&ioner# 2e3 a%)ori%/ o+ %)e a(en%# and 2+3 crren%
cer%i!ca%e o+ a%)ori%/ i&&ed A/ %)e In&rance Commi&&ioner 7i%)
a !nancial &%a%emen% &)o7in( %)e maGimm nder7ri%in(
ca'aci%/ o+ %)e &re%/ com'an/.
F: Jhat do you mean by a property bondO
*: Section 11:
S52. 11. !roperty bond, how posted. * property bond is
an underta8ing constituted as lien on the real property given
as security for the amount of the bail. Jithin ten 1() days
after the approval of the bond, the accused shall cause the
annotation of the lien on the certificate of title on file with the
+egistry of <eeds if the land is registered, or if unregistered,
in the +egistration -oo8 on the space provided therefore, in
the +egistry of <eeds for the province or city where the land
lies, and on the corresponding ta@ declaration in the office of
the provincial, city and municipal assessor concerned.
Jithin the same period, the accused shall submit to the
court his compliance and his failure to do so shall be
sufficient cause for the cancellation of the property bond and
his re=arrest and detention. 11a)
Propert! 7ond
1. Defnition%
I% i& an nder%aIin( con&%i%%ed a& lien on %)e real 'ro'er%/
(i$en a& &ecri%/
+or %)e amon% o+ %)e Aail
2. Procedure + Within ten E16F da!s after the appro0al of
the ond%
1. T)e acc&ed &)all ca&e %)e anno%a%ion o+ %)e lienM
1. On %)e cer%i!ca%e o+ %i%le on !leM
1. i+ %)e land i& re(i&%ered 7i%) %)e Re(i&%r/ o+
Deed&# or
". i+ nre(i&%ered T in %)e Re(i&%ra%ion <ooI on %)e
&'ace
'ro$ided %)ere+or# in %)e Re(i&%r/ o+ Deed& +or %)e
'ro$ince or ci%/ 7)ere %)e land lie&# and
". On %)e corre&'ondin( %aG declara%ion in %)e o?ce o+
%)e
'ro$incial# ci%/ and mnici'al a&&e&&or concerned.
". T)e acc&ed &)all &Ami% %o %)e cor% )i& com'liance and
)i& +ailre %o do
&o &)all Ae &?cien% ca&e +orM
1. T)e cancella%ion o+ %)e 'ro'er%/ Aond# and
". 0i& reCarre&% and de%en%ion
S52 1&. Fualifications of sureties in property bond. 1he
Aualifications of sureties in a property bond shall be as follows:
a) 5ach must be a resident owner of real estate within the
!hilippines3
b) Jhere there is only one surety, his real estate must be
worth at least the amount of underta8ing3
c) 7f there are two or more sureties, each may justify in an
amount less than that e@pressed in the underta8ing but the
aggregate of the justified sums must be eAuivalent to the
whole amount of the bail demanded.
7n all cases, every surety must be worth the amount
specified in his own underta8ing over and above all just
debts, obligations and properties e@empt from e@ecution.
1&a)
Sureties of Propert! 7ond
1. ,ualifcation%
1&% Ae a re&iden% o7ner o+ real e&%a%e 7i%)in %)e P)ili''ine&
2. Dalue of the propert! of suret!%
1. I+ %)ere i& onl/ one 415 &re%/ T )i& real e&%a%e m&% Ae
7or%) a%
lea&% %)e amon% o+ %)e nder%aIin(
". I+ %)ere are " or more &re%ie& T eac) ma/ E&%i+/ in an
amon% le&&
%)an %)a% eG're&&ed in %)e nder%aIin( A% %)e a((re(a%e o+
%)e E&%i!ed &m& m&% Ae e;i$alen% %o %)e 7)ole amon%
o+ %)e Aail demanded
3. E0er! suret! must e worth the amount specifed in his
own undertaBing o0er and ao0e all%
1. E&% deA%&#
". OAli(a%ion&# and
*. Pro'er%ie& eGem'% +rom eGec%ion
S52. 1'. >ustification of sureties. 5very surety shall
justify by affidavit ta8en before the judge that he possesses
the Aualification prescribed in the preceding section. De shall
describe the property given as security, stating the nature of
his title, its encumbrances, the number and amount of other
bails entered into by him and still undischarged, and his other
liabilities. 1he court may e@amine the sureties upon oath
concerning their sufficiency in such manner as it may deem
proper. ?o bail shall be approved unless the surety is
Aualified. 1'a)
Ather )e?uirements
1. OAli(a%ion& o+ a &re%/M
1. 0e m&% E&%i+/ A/ a?da$i% %aIen Ae+ore %)e Ed(e %)a% )e
'o&&e&&e& %)e
;ali!ca%ion& 're&criAed in Sec. 1"
". 0e m&% de&criAe %)e 'ro'er%/ (i$en a& &ecri%/# &%a%in(M
1. %)e na%re o+ )i& %i%le#
". i%& encmArance&
*. %)e nmAer and amon% o+ o%)er Aail& en%ered in%o
A/ )im and &%ill
ndi&c)ar(ed# and
,. )i& o%)er liaAili%ie&.
". T)e cor% ma/ eGamine %)e &re%ie& 'on oa%) concernin( %)eir
&?cienc/ in &c) manner a& i% ma/ deem 'ro'er.
*. No Aail &)all Ae a''ro$ed nle&& %)e &re%/ i& ;ali!ed.
F: Jhat do you mean by cash depositO
*: Section 1#:
S52. 1#. <eposit of cash as bail. 1he accused or any
person acting in his behalf may deposit in cash with the
nearest collector of internal revenue or provincial, city, or
municipal treasurer the amount of bail fi@ed by the court, or
recommended by the prosecutor who investigated or filed the
case. Cpon submission of a proper certificate of deposit and a
written underta8ing showing compliance with the
reAuirements of section & of this +ule, the accused shall be
discharged from custody. 1he money deposited shall be
considered as bail and applied to the payment of fine and
costs while the e@cess, if any, shall be returned to the accused
or to whoever made the deposit. 1#a)
2ash 7ond as 7ail
1. Who ma! deposit the cash ond%
1. T)e acc&ed# or
". An/ 'er&on ac%in( in )i& Ae)al+
2. Where the cash ond ma! e deposited%
1. T)e neare&% collec%or o+ in%ernal re$ene# or
". Pro$incial# ci%/# or mnici'al %rea&rer
3. 9ow much shall e deposited%
1. T)e amon% o+ Aail !Ged A/ %)e cor%# or
". T)e amon% recommended A/ %)e 'ro&ec%or 7)o
in$e&%i(a%ed or !led
%)e ca&e
#. When accused shall e discharged from custod! + Cpon
sumission of%
1. a 'ro'er cer%i!ca%e o+ de'o&i%# and
". a 7ri%%en nder%aIin( &)o7in( com'liance 7i%) %)e
re;iremen%& o+
Sec. "
3. What happens to the mone! deposited%
1. I% &)all Ae con&idered a& Aail#
". I% &)all Ae a''lied %o %)e 'a/men% o+ !ne and co&%&#
*. T)e eGce&&# i+ an/# &)all Ae re%rnedM
1. %o %)e acc&ed 47)e%)er con$ic%ed or ac;i%%ed5# or
". %o 7)oe$er made %)e de'o&i%
1. )e?uiring ail in cash
Dictor! Hiner 0. 7ellosillo
#23 S2)& :5
4arch 16, 266#
'irst Di0ision% Da0ide, 8r., 28
'acts%
Acc&ed# 7)o 7a& c)ar(ed 7i%) RecIle&& Im'rdence
Re&l%in( %o 0omicide# 'o&%ed a &re%/ Aond o+ P->#>>>. La%er# on
%)e &%ren(%) o+ %)e 'ra/er o+ %)e 'ro&ec%or# %)e cor% ordered
acc&ed %o &A&%i%%e i% 7i%) a ca&) Aond. 0e liIe7i&e ordered
ano%)er acc&ed %o 'o&% )i& Aail in ca&). A&Ied %o eG'lain in %)e
cor&e o+ an admini&%ra%i$e com'lain%# %)e Ed(e ar(ed %)a% %)e
Rle& o+ Cor% lea$e %o %)e di&cre%ion o+ %rial Ed(e& %)e ;e&%ion
o+ 7)e%)er a Aail &)old Ae 'o&%ed in %)e +orm o+ cor'ora%e
&re%/# 'ro'er%/ Aond# ca&) de'o&i% or 'er&onal reco(ni6ance.
Issue%
I& %)e Ed(e correc%J
9eld%
No. W)ile ca&) Aail i& a%)ori6ed nder or rle&# %)e o'%ion
%o de'o&i% ca&) in lie o+ a &re%/ Aond 'rimaril/ Aelon(& %o %)e
acc&ed# a& can Ae (leaned +rom %)e lan(a(e o+ Sec. 1,# Rle
11, o+ %)e Rle& on Criminal ProcedreM 3The accused or an"
person acting in his behalf ma" deposit in cash with the nearest
collector of internal revenue or provincial, cit", or municipal
treasurer the amount of bail 7xed b" the court or recommended
b" the prosecutor who investigated or 7led the case, and upon
submission of a proper certi7cate of deposit and of a written
undertaking showing compliance with the requirements of !ec. 6,
the accused shall be discharged from custod"...5 T)e Ed(e#
%)ere+ore# (ro&&l/ erred in con$er%in( %)e &re%/ Aond %o ca&)
Aond and in demandin( %)a% %)e o%)er acc&ed 'o&% a ca&) Aond
%o oA%ain %)eir 'ro$i&ional liAer%/.
2. Deposit of cash with the "udge
Hachica 0. <ormis
#:6 S2)& 26
Septemer 26, 2663
'irst Di0ision% >nares.Santiago, 8.
Issue%
1a/ a Ed(e Ae )eld admini&%ra%i$el/ liaAle +or 'er&onall/
acce'%in( %)e ca&) Aond o+ an acc&edJ
9eld%
Ye&. Sec. 1,# Rle 11, o+ %)e Re$i&ed Rle& o+ Criminal
Procedre &'eci!e& %)e 'er&on& 7i%) 7)om a ca&) Aail Aond ma/
Ae de'o&i%ed# namel/M %)e collec%or o+ in%ernal re$ene or %)e
'ro$incial# ci%/ or mnici'al %rea&rer. A Ed(e i& no% a%)ori6ed %o
recei$e %)e de'o&i% o+ ca&) a& Aail nor &)old &c) ca&) Ae Ie'% in
)i& o?ce.
+52"%?7M*?25
,etLs go to the #th type of bail recogniBance which are not
understood by many how it operates.
S52. 10. +ecogniBance. Jhenever allowed by law or
these +ules, the court may release a person in custody on his
own recogniBance or that of a responsible person. 10a)
)ecogni/ance
1. Defnition%
An oAli(a%ion o+ record# en%ered in%o Ae+ore &ome cor% or
ma(i&%ra%e dl/
a%)ori6ed %o %aIe i%# 7i%) %)e condi%ion %o do &ome
'ar%iclar ac%# %)e mo&%
&al condi%ion in criminal ca&e& Aein( %)e a''earance o+
%)e acc&ed +or
%rial
2. When ma! a person in custod! e released on
recogni/ance%
1. W)ene$er allo7ed A/ la7# or
". W)ene$er allo7ed A/ %)e&e rle&
3. In whose recogni/ance ma! a person e released%
1. on )i& o7n# or
". on %)a% o+ a re&'on&iAle 'er&on
1. )ecogni/ance allowed
Espiritu 0. 8o0ellanos
216 S2)& =5=
Actoer 1=, 155:
En 7anc% 4endo/a, 8.
,uestion%
W)en ma/ a 'er&on Ae relea&ed on reco(ni6anceJ
&nswer%
Under Rle 11,# 1- o+ %)e Rle& o+ Cor%# %)e relea&e on
reco(ni6ance o+ an/ 'er&on nder de%en%ion ma/ Ae ordered onl/
A/ a cor% and onl/ in %)e +ollo7in( ca&e&M 2a3 7)en %)e oBen&e
c)ar(ed i& +or $iola%ion o+ an ordinance# a li()% +elon/# or a
criminal oBen&e# %)e im'o&aAle 'enal%/ +or 7)ic) doe& no% eGceed
8 mon%)& im'ri&onmen% and:or P"#>>> !ne# nder %)e
circm&%ance& 'ro$ided in RA 8>*89 2A3 7)ere a 'er&on )a& Aeen
in c&%od/ +or a 'eriod e;al %o or more %)an %)e minimm o+ %)e
im'o&aAle 'rinci'al 'enal%/# 7i%)o% a''lica%ion o+ %)e
Inde%ermina%e Sen%ence La7 or an/ modi+/in( circm&%ance&# in
7)ic) ca&e %)e cor%# in i%& di&cre%ion# ma/ allo7 )i& relea&e on
)i& o7n reco(ni6ance9 2c3 7)ere %)e acc&ed )a& a''lied +or
'roAa%ion# 'endin( re&ol%ion o+ %)e ca&e A% no Aail 7a& !led or
%)e acc&ed i& inca'aAle o+ !lin( one9 and 2d3 in ca&e o+ a /o%)+l
oBender )eld +or ')/&ical and men%al eGamina%ion# %rial# or
a''eal# i+ )e i& naAle %o +rni&) Aail and nder %)e circm&%ance&
en$i&a(ed in P.D. 8>*# a& amended 2Ar%. 1F13.

So, no money nothing is filed in court. :"n my word of honor, 7
will appear when the court reAuires me to appear. 7f 7Lm convicted, donLt
be afraid. 7 will not runaway.9
"r it can be at the assurance of another person.
"r its li8e a character loan you borrow money, no collateral and 7
promise to pay you.
2reditor: Iour word is as good as a security. "6V9
F: 7s recogniBance possible in all criminal casesO
*: ?". Cnder the rules, recogniBance is only allowed whenever
allowed by law or these +ules.
1he ne@t Auestion is, what are the instances where recogniBance is
allowed by the law or this +ulesO
1here are four #) instances as mentioned by the S2 in the 1$$4 case
of 5S!7+71C ;S. >";5,,*?"S &.( S2+* 04$). -ut even before
>";5,,*?"S came out, the 1$.0 +ules says that recogniBance is
possible if allowed by law or the +ules.

F: Jhat are the instances when recogniBance is allowed by the law or
this +ulesO
*: 7n the case of 5S!7+71C ;S. >";5,,*?"S &.( S2+* 04$):
1. Cnder +* /('/ when the offense charged is for violation of
an ordinance, a light felony, or a criminal offense, the imposable
penalty for which does not e@ceed / months imprisonment
and)or !&,((( fine, under the circumstances provided in +.*.
?o. /('/3
&. +ule 11#, Section 1/, last paragraph:
:* person in custody for a period eAual to or more than
the minimum of the principal penalty prescribed for the
offense charged, without application of the 7ndeterminate
Sentence ,aw or any modifying circumstance, shall be
released on a reduced bail or on his own recogniBance, at
the discretion of the court.9
'. +ule 11#, Section &#:
:?o bail shall be allowed after a judgment of
conviction has become final. 7f before such finality, the
accused applies for probation, he may be allowed
temporary liberty under his bail. Jhen no bail was filed or
the accused is incapable of filing one, the court may allow
his release on recogniBance to the custody of a responsible
member of the community. 7n no case shall bail be allowed
after the accused has commenced to serve sentence.9
#. Cnder !< /(' 2hild and Iouth Jelfare *ct) in case of a
youthful offender held for physical and mental e@amination,
trial, or appeal, if he is unable to furnish bail and under the
circumstances envisaged in !.<. ?o. /(', as amended.
1hose are the four instances where recogniBance is allowed. So it is
not possible in all cases.
S52. 1/. -ail, when not reAuired3 reduced bail or
recogniBance. ?o bail shall be reAuired when the law or
these +ules so provide.
Jhen a person has been in custody for a period eAual to or
more than the possible ma@imum imprisonment prescribed
for the offense charged, he shall be released immediately,
without prejudice to the continuation of the trial or the
proceedings on appeal. 7f the ma@imum penalty to which the
accused may be sentenced is destierro, he shall be released
after thirty '() days of preventive imprisonment.
* person in custody for a period eAual to or more than the
minimum of the principal penalty prescribed for the offense
charged, without application of the 7ndeterminate Sentence
,aw or any modifying circumstance, shall be released on a
reduced bail or on his own recogniBance, at the discretion of
the court. 1/a)
When 7ail -ot )e?uired
1. W)en 'ro$ided A/ %)e la7# or
". W)en 'ro$ided A/ %)e&e Rle&
When a Person in 2ustod! Shall e )eleased
1. When he has een in custod! for a period 47i%)o%
'reEdice %o %)e con%ina%ion o+ %)e %rial or %)e 'roceedin(& on
a''eal5M
1. e;al %o %)e 'o&&iAle maGimm im'ri&onmen% 're&criAed
+or %)e oBen&e
c)ar(ed# or
". more %)an %)e 'o&&iAle maGimm im'ri&onmen%
're&criAed +or %)e
oBen&e c)ar(ed
2. If the ma*imum penalt! to which he ma! e sentenced
is destierro%
)e &)all Ae relea&ed a+%er *> da/& o+ 're$en%i$e
im'ri&onmen%
3. If he has een in custod! for a period e?ual to or more
than the minimum of the principal penalt! prescried for
the o@ense charged, P7i%)o% a''lica%ion o+ %)e Inde%ermina%e
Sen%ence La7 or an/ modi+/in( circm&%ance&5M
0e &)all Ae relea&ed on a redced Aail or on )i& o7n
reco(ni6ance# a% %)e
di&cre%ion o+ %)e cor%
When the &ccused is E*empt 'rom Putting Cp 7ail
1. )& =63= + W)en %)e oBen&e )a& an im'o&aAle 'enal%/ o+ 8
mon%)& or le&& nder %)e condi%ion& men%ioned %)erein9
2. )ule 11#, Sec. 1= + W)en a ca&e i& !led nder %)e Smmar/
Rle&# a mere no%ice i& &?cien%# a 7arran% o+ arre&% i& no%
re;ired9
3. )ule 112, Sec. 5 PQ + I+ %)e Ed(e i& &a%i&!ed %)a% %)ere i& no
nece&&i%/ +or 'lacin( %)e acc&ed nder c&%od/# )e ma/ i&&e
&mmon& in&%ead o+ a 7arran% o+ arre&%
1. Summar! Procedure
4artine/ 0. Paguio
35# S2)& 21:
Decemer 2:, 2662
Second Di0ision% 2alle"o, Sr., 8.
Issue%
1a/ a Ed(e Ae )eld admini&%ra%i$el/ liaAle +or orderin( %)e
arre&% o+ acc&ed and re;irin( Aail in a ca&e +or malicio&
mi&c)ie+ 7)ic) carrie& a 'enal%/ o+ arresto ma"orJ
9eld%
Ye&. R.A. 8>*8 'ro$ide& %)a% Aail i& no% (enerall/ re;ired +or
$iola%ion o+ mnici'al or ci%/ ordinance& or +or criminal oBen&e&
7)en %)e 're&criAed 'enal%/ i& no% )i()er %)an arresto ma"or
and:or a !ne o+ P"#>>> or Ao%). In a c)ar(e o+ &im'le malicio&
mi&c)ie+ 7)ic) i& co$ered A/ %)e Rle on Smmar/ Procedre# Aail
i& no lon(er nece&&ar/# nle&& acc&ed +ail& %o a''ear 7)ene$er
re;ired A/ %)e cor%.
*s a general rule, when the criminal case is filed, there will be warrant
of arrest. 7f there is warrant of arrest, there must be a bail either in cash
or recogniBance. -ut Section 1/ provides that no bail shall be reAuired
when the law or these +ules so provide. 1his is now the Auestion:
F: Jhat are the instances where despite the pendency of the criminal
case, the accused is not reAuired to post bailO Meaning, he is e@empt
from putting up a bail bond because the law or the rules says so.
*: 1he following are the instances:
1. Cnder +* /('/3
&. Jhen the crime is covered by the Summary +ules because of
Section 1/ of +ule 11#. Jhen a case is filed under the Summary
+ules, a mere notice is sufficient. ?o need of a warrant of arrest.
'. Section . GbH of +ule 11& this is a new sentence):
:@ @ @ @ Dowever, 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.9
So, the court is satisfied that there is no need to issue a
warrant of arrest maybe because the court believes that you will
not run away. 7n effect, no bail shall be reAuired.
S52. 14. -ail, where filed. a) -ail in the amount fi@ed
may be filed with the court where the case is pending, or in
the absence or unavailability of the judge thereof, with any
regional trial judge, metropolitan trial judge, municipal trial
judge, or municipal circuit trial judge in the province, city or
municipality. 7f the accused is arrested in a province, city, or
municipality other than where the case is pending, bail may
also be filed with any regional trial court of said place, or if
no judge thereof is available, with any metropolitan trial
judge, municipal trial judge, or municipal circuit trial judge
therein.
b) Jhere the grant of bail is a matter of discretion, or the
accused see8s to be released on recogniBance, the application
may only be filed in the court where the case is pending,
whether on preliminary investigation, trial, or appeal.
*ny person in custody who is not yet charged in court may
apply for bail with any court in the province, city, or
municipality where he is held. 14a).
Section 14 is another important provision on where to file the bail.
?ormally, you file the bail before the same court where you case is
pending. -ut if the judge is not around, under paragraph GaH, then before
any +12 judge, M12 judge, etc.
Where Petition for 7ail is 'iled
1. (eneral )ule
Wi%) %)e cor% 7)ere %)e ca&e i& 'endin(
2. E*ceptions + the petition ma! e fled%
1. Wi%) an/ RTC or 1TC Ed(e in %)e 'ro$ince# ci%/ or
mnici'ali%/ T 7)en
%)e Ed(e 7)ere %)e ca&e i& 'endin( i& aA&en% or na$ailaAle
". Wi%) %)e RTC o+ %)e 'lace 7)ere %)e acc&ed i& arre&%ed T
i+ arre&%ed in a
'lace o%)er %)an 7)ere %)e ca&e i& 'endin(
*. Wi%) %)e 1TC o+ %)e 'lace 7)ere %)e acc&ed i& arre&%ed T
i+ RTC Ed(e
o+ %)e 'lace 7)ere i& arre&%ed i& no% a$ailaAle
3. When 7ail can A-H> e (ranted in the court where the
case is pending Pwhether on trial or appealQ%
1. W)en %)e (ran% o+ Aail i& a ma%%er o+ di&cre%ion# and
". W)en %)e acc&ed &eeI& %o Ae relea&ed on reco(ni6ance
#. When the person in custod! is -A< !et charged in
court%
T)e 'e%i%ion ma/ Ae !led 7i%) an/ cor% in %)e 'ro$ince# ci%/
or mnici'ali%/ 7)ere )e i& )eld 4T)i& a''lie& %o In;e&%5
1. When accused is arrested
Espanol 0. 4upas
##2 S2)& 13
-o0emer 11, 266#
Second Di0ision% 2alle"o, Sr., 8.
,uestion%
Under Sec. 1=# Rle 11, o+ %)e Re$i&ed Rle& o+ Criminal
Procedre# 7)ere ma/ an acc&ed !le AailJ
&nswer%
Sec. 1= o+ Rle 11, an%ici'a%e& %7o &i%a%ion&M )irst# %)e
acc&ed i& arre&%ed in %)e &ame 'ro$ince# ci%/ or mnici'ali%/
7)ere )i& ca&e i& 'endin(. !econd# %)e acc&ed i& arre&%ed in %)e
'ro$ince# ci%/ or mnici'ali%/ o%)er %)an 7)ere )i& ca&e i&
'endin(. In %)e !r&% &i%a%ion# %)e acc&ed ma/ !le Aail in %)e
cor% 7)ere )i& ca&e i& 'endin( or# in %)e aA&ence or
na$ailaAili%/ o+ %)e Ed(e %)ereo+# 7i%) ano%)er Aranc) o+ %)e
&ame cor% 7i%)in %)e 'ro$ince or ci%/. In %)e &econd &i%a%ion# %)e
acc&ed )a& %7o o'%ion&. )irst# )e ma/ !le Aail in %)e cor% 7)ere
)i& ca&e i& 'endin( or# second# )e ma/ !le Aail 7i%) an/ RTC in %)e
'ro$ince# ci%/ or mnici'ali%/ 7)ere )e 7a& arre&%ed. W)en no
RTC Ed(e i& a$ailaAle# )e ma/ !le Aail 7i%) an/ 1TC Ed(e
%)erein.
A Ed(e 7)o a''ro$e& a''lica%ion& +or Aail o+ acc&ed 7)o&e
ca&e& 7ere no% onl/ 'endin( in o%)er cor%& A% 7)o 7ere#
liIe7i&e# arre&%ed and de%ained o%&ide )i& %erri%orial Eri&dic%ion i&
(il%/ o+ (ro&& i(norance o+ %)e la7.
F: Suppose your case is in 2ebu 2ity and you are arrested in Manila,
can you post bail in ManilaO
*: I5S because it would be very tedious if you will be arrested and
brought bac8 in 2ebu 2ity just to post bail. *nd under paragraph GaH, it
may be filed with any +12 of such place.
F: Jhat are the instances where the accused is only allowed to post
bail before the very same court where the case is pendingO
*: Cnder paragraph GbH, the following are the instances:
1. if you see8 to be released on recogniBance, no other judge can
grant it other the judge where you case is pending3
&. when bail is a matter of discretion. Eor e@ample: Ms.1 is
accused of a capital offense and she would li8e to file a petition
for bail because the evidence of guilt is not strong, that should
be decided by the very court where her case is pending.
F: 7s the M12 entitled to entertain a petition for bailO
*: I5S
F: Jhat are the instances when a M12 is entitled to entertain
applications for bailO
*: 1he following are the instances:
1. Section '0 of the >udiciary law Special jurisdiction of the
M12) the M12 may hear and decide petitions for a writ of
habeas corpus or applications for bail in the absence of *,, the
+12 judges.
,etLs go now to the last paragraph of Section 14:
:*ny person in custody who is not yet charged in court
may apply for bail with any court in the province, city, or
municipality where he is held.9
1his is one provision that has stunned so many: how can a person be
in custody who is not yet charged in courtO
Jhat is contemplated under the last paragraph of Section 14 is +ule
11& Section 4 on 7?FC5S1 preliminary investigation when a person is
lawfully arrested without a warrant, he will be detained immediately
without preliminary investigation. -ut if he demands a preliminary
investigation, he can get it but he must waive the effects of *rticle 1&0
of the +!2.
Section 4, +ule 11&, last sentence of second paragraph provides:
:?otwithstanding the waiver, he may apply for bail and the investigation
must be terminated within fifteen 10) days from its inception.9 So he
can as8 for bail even if he is not yet charged in court.
F: 7f you apply for bail with any court in the province, city or
municipality, you cannot put there :!eople of the !hilippines versusW9
because there is no criminal case yet. Jhat will be your referenceO So
what will be the titleO
*: :7? +5: !51717"? E"+ -*7,.9.
What the 2ourt must do when it )ecei0es an &pplication
for 7ail under Sec. 1
1. I% m&% (i$e rea&onaAle no%ice o+ %)e )earin( %o %)e 'ro&ec%or#
or
". I% m&% re;ire %)e 'ro&ec%or %o &Ami% )i& recommenda%ion
1. -otice where ail is a matter of right
)ui/ 0. 7eldia
#31 S2)& #62
'eruar! 1=, 2663
'irst Di0ision% >nares.Santiago, 8.
Issue%
W)ere Aail i& ma%%er o+ ri()%# &)old %)e 'ro&ec%or &%ill Ae
no%i!ed o+ %)e a''lica%ionJ
9eld%
Ye&. A )earin( on an a''lica%ion +or Aail i& manda%or/. <ail
&)old Ae !Ged accordin( %o %)e circm&%ance& o+ eac) ca&e. T)e
amon% !Ged &)old Ae &?cien% %o en&re %)e 're&ence o+ %)e
acc&ed a% %)e %rial /e% rea&onaAle eno() %o com'l/ 7i%) %)e
con&%i%%ional 'ro$i&ion %)a% Aail &)old no% Ae eGce&&i$e.
T)ere+ore# 7)e%)er Aail i& a ma%%er o+ ri()% or o+ di&cre%ion#
rea&onaAle no%ice o+ )earin( i& re;ired %o Ae (i$en %o %)e
'ro&ec%or or !&cal or a% lea&% )e m&% Ae a&Ied +or )i&
recommenda%ion Aeca&e in !Gin( %)e amon% o+ Aail# %)e Ed(e i&
re;ired %o %aIe in%o accon% a nmAer o+ +ac%or& &c) a& %)e
a''lican%P& c)arac%er and re'%a%ion# +or+ei%re o+ o%)er Aond& or
7)e%)er )e i& a +(i%i$e +rom E&%ice.
Sec. 15
Procedure for )elease on 7ail
1. T)e acc&ed can onl/ Ae di&c)ar(ed 'on a''ro$al o+ %)e Aail
A/ %)e Ed(e 7i%) 7)om %)e 'e%i%ion 7a& !led
". W)en %)e mo%ion +or Aail i& !led 7i%) a cor% o%)er %)an 7)ere
%)e ca&e i& 'endin(M
1. T)e Ed(e 7)o acce'%ed %)e Aail &)all +or7ard i%# %o %)e
cor% 7)ere %)e
ca&e i& 'endin(#
". 0e m&% inclde %)e order o+ relea&e and o%)er &''or%in(
'a'er&# and
*. T)e cor% 7)ere %)e ca&e i& 'endin( ma/# +or (ood rea&on#
re;ire a
diBeren% Aail %o Ae !led.
Sec. 26
Increase or )eduction of 7ail
1. A+%er %)e acc&ed i& admi%%ed %o Aail# %)e cor% ma/# 'on (ood
ca&e# ei%)er increa&e or redce i%& amon%9
". W)en increa&ed %)e acc&ed ma/ Ae commi%%ed %o c&%od/ i+
)e doe& no% (i$e Aail in %)e increa&ed amon% 7i%)in a rea&onaAle
'eriod9
*. An acc&ed )eld %o an&7er a criminal c)ar(e 7)o i& relea&ed
7i%)o% Aail 'on !lin( o+ %)e com'lain% or in+orma%ion# ma/M
1. a% an/ &A&e;en% &%a(e o+ %)e 'roceedin(&# and
7)ene$er a &%ron(
&)o7in( o+ (il% a''ear& %o %)e cor%#
". Ae re;ired %o (i$e Aail in %)e amon% !Ged# or in lie
%)ereo+# commi%%ed
%o c&%od/
S52. &1. Eorfeiture of bail. Jhen the presence of the
accused is reAuired by the court or these +ules, his bondsmen
shall be notified to produce him before the court on a given
date and time. 7f the accused fails to appear in person as
reAuired, his bail shall be declared forfeited and the
bondsmen given thirty '() days within which to produce
their principal and to show why no judgment should be
rendered against them for the amount of their bail. Jithin the
said period, the bondsmen must:
a) produce the body of their principal or give the reason
for his non=production3 and
b) e@plain why the accused did not appear before the
court when first reAuired to do so.
Eailing in these two reAuisites, a judgment shall be
rendered against the bondsmen, jointly and severally, for the
amount of the bail. 1he court shall not reduce or otherwise
mitigate the liability of the bondsmen, unless the accused has
been surrendered or is acAuitted. &1a)
*nother important provision is Section &1 how bail is forfeited.
'orfeiture of 7ail
1. When the presence of the accused is re?uired ! the
court or these )ules%
0i& Aond&men &)all Ae no%i!ed %o 'rodce )im Ae+ore %)e
cor% on a (i$en
da%e and %ime.
2. If the accused fails to appear in person as re?uired%
1. 0i& Aail &)all Ae declared +or+ei%ed# and
". T)e Aond&men are (i$en *> da/& 7i%)in 7)ic)M
1. %o 'rodce %)eir 'rinci'al# and
". %o &)o7 ca&e 7)/ no Ed(men% &)old Ae rendered
a(ain&% %)em
+or %)e amon% o+ %)eir Aail.
3. Within the 36 da! period, the ondsmen must%
1. Prodce %)e Aod/ o+ %)eir 'rinci'al or (i$e %)e rea&on +or
)i& nonC
'rodc%ion9 and
". EG'lain 7)/ %)e acc&ed did no% a''ear Ae+ore %)e cor%
7)en !r&%
re;ired %o do &o.
#. E@ect of failure of ondsman to compl! with the ao0e
re?uisites%
1. A Ed(men% &)all Ae rendered a(ain&% %)e Aond&men#
Eoin%l/ and
&e$erall/# +or %)e amon% o+ %)e Aail# and
". T)e cor% &)all no% redce or o%)er7i&e mi%i(a%e %)e
liaAili%/ o+ %)e
Aond&men# nle&& %)e acc&edM
1. )a& Aeen &rrendered# or
". i& ac;i%%ed.
1. 8udgment against ondsman
)eliance Suret! 0. &mante
#=2 S2)& 355
8une 36, 2663
Second Di0ision% <inga, 8.
,uestion%
W)a% are %)e " occa&ion& 'on 7)ic) %)e %rial cor% ma/ rle
ad$er&el/ a(ain&% %)e Aond&man in ca&e& 7)en %)e acc&ed +ail&
%o a''ear in cor%J
&nswer%
)irst# %)e nonCa''earance A/ %)e acc&ed i& ca&e +or %)e
Ed(e %o &mmaril/ declare %)e Aond a& +or+ei%ed. !econd# %)e
Aond&man# a+%er %)e &mmar/ +or+ei%re o+ %)e Aond# are (i$en *>
da/& 7i%)in 7)ic) %o 'rodce %)e 'rinci'al and %o &)o7 ca&e 7)/
a Ed(men% &)old no% Ae rendered a(ain&% %)em +or %)e amon%
o+ %)e Aond. I% i& onl/ a+%er %)i& *>Cda/ 'eriod# drin( 7)ic) %)e
Aond&man i& aBorded %)e o''or%ni%/ %o Ae )eard A/ %)e %rial
cor%# %)a% %)e %rial cor% ma/ render a Ed(men% on %)e Aond
a(ain&% %)e Aond&man. .d(men% a(ain&% %)e Aond&man canno%
Ae en%ered nle&& &c) Ed(men% i& 'receded A/ %)e order o+
+or+ei%re and an o''or%ni%/ (i$en %o %)e Aond&man %o 'rodce
%)e acc&ed or %o addce &a%i&+ac%or/ rea&on +or %)eir inaAili%/ %o
do &o.
2. 'ailure of counsel to appear for trial
&ndres 0. 7eltran
3=3 S2)& 3:1
&ugust 26, 2661
<hird Di0ision% (on/aga.)e!es, 8.
Issue%
1a/ %)e Ed(e order %)e +or+ei%re o+ Aail and %)e de%en%ion
o+ acc&ed +or %)e +ailre o+ )i& con&el %o a''ear drin( %rialJ
9eld%
No. No7)ere in Rle 11, doe& &c) (rond eGi&%. Under Sec.
"# %)e 're&ence o+ con&el i& no% a condi%ion o+ %)e Aail. Nei%)er i&
i% a rea&on +or an increa&e or +or+ei%re o+ Aail nder Sec. "> and
"1. Sec. ""# 7)ic) &%a%e& %)e in&%ance& 7)en Aail ma/ Ae
cancelled# i.e.# &rrender o+ %)e acc&ed# 'roo+ o+ )i& dea%)#
ac;i%%al o+ %)e acc&ed# di&mi&&al o+ %)e ca&e or eGec%ion o+ %)e
Ed(men% o+ con$ic%ion i& no% in 'oin%# a&ide +rom %)e +ac% %)a% i%
al&o re;ire& an a''lica%ion o+ %)e Aond&men and de no%ice %o
%)e 'ro&ec%or.
3. &ppeal of "udgment against ond
)eliance Suret! 0. &mante
#=2 S2)& 355
8une 36, 2663
Second Di0ision% <inga, 8.
,uestion%
I& %)e Ed(men% a(ain&% %)e Aond&man on %)e Aond &AEec%
%o a''ealJ
&nswer%
T)e Ed(men% a(ain&% %)e Aond&men on %)e Aond ma/ Ae
con&%red a& a !nal order# )ence &AEec% %o a''eal. T)ere i& no
rea&on %o di&%rA %)e doc%rine o+ lon( &%andin( %)a% c)arac%eri6e&
&c) Ed(men% a& a !nal Ed(men% or order or %)a% &c) Ed(men%
ma/ Ae &AEec% %o a''eal. A !nal order )a& Aeen de!ned a& one
7)ic) di&'o&e& o+ %)e 7)ole &AEec% ma%%er or %ermina%e& a
'ar%iclar 'roceedin( or ac%ion# lea$in( no%)in( %o Ae done A% %o
en+orce A/ eGec%ion 7)a% )a& Aeen de%ermined. Indeed# +rom a
Ed(men% on %)e Aond# a 7ri% o+ eGec%ion ma/ immedia%el/ i&&e#
and need no% Ae eBec%ed %)ro() a &e'ara%e ac%ion. An a''eal
+rom a Ed(men% on %)e Aond i& &A&med nder Sec. 1# Rle 1""
o+ %)e Rle& o+ Criminal Procedre# 7)ic) 'ro$ide& %)a% a''eal& in
criminal ca&e& a$ail onl/ +rom a Ed(men% or !nal order# and Sec.
8 o+ %)e &ame Rle 7)ic) re;ire& %)a% %)e a''eal Ae %aIen 7i%)in
1- da/& +rom no%ice o+ %)e !nal order a''ealed +rom.
7f you are reAuired to appear in court for an arraignment, or for some
other reason, and you did not appear, the first step is, upon motion of the
prosecution, the court will issue an order to confiscate the bond and the
court will also direct the bondsmen:
1. to produce the body of their principal within '( days3 *?<
&. to e@plain why the accused did not appear before the court when
first reAuired to do so.
F: Suppose you failed to comply both or one of the conditions, what
will happenO
*: 1he court will render judgement on the bond. Meaning, the
bonding company is now liable on its bond.
So the first stage is to order of confiscation or forfeiture of the bond.
1he second stage is, if the conditions are not met, there will be judgment
against the bond. So that is the step=by=step application of Section &1.
Sec. 22
2ancellation of 7ail
1. )e?uisites%
1. An a''lica%ion +or cancella%ion m&% Ae !led A/ %)e
Aond&men#
". De no%ice m&% Ae (i$en %o %)e 'ro&ec%or# and
*. T)e Aail ma/ Ae cancelled 'onM
1. &rrender o+ %)e acc&ed# or
". 'roo+ o+ )i& dea%)
2. When ail shall e deemed automaticall! cancelled%
1. 'on ac;i%%al o+ %)e acc&ed#
". 'on di&mi&&al o+ %)e ca&e# or
*. 'on eGec%ion o+ %)e Ed(men% o+ con$ic%ion.
3. E@ect of cancellation%
I% &)all Ae 7i%)o% 'reEdice %o an/ liaAili%/ on %)e Aail
1. &rrest for another crime
Estean 0. &lhamra
#3: S2)& 3=6
Septemer :, 266#
<hird Di0ision% Sando0al.(utierre/, 8.
'acts%
Ani%a '% ' a Aail Aond o+ PD>#>>> +or acc&ed in , criminal
ca&e&. W)ile o% on Aail# acc&ed commi%%ed ano%)er crime# 7a&
arre&%ed and de%ained &o %)a% Ani%a !led a mo%ion %o cancel %)e
ca&) Aond &)e 'o&%ed. T)e Ed(e denied %)e mo%ion on %)e %)eor/
%)a% acc&ed 7a& no% &rrendered A/ Ani%a A% 7a& arre&%ed +or
ano%)er crime# and %)a% %)e ca&) Aond i& %o Ae a''lied a&
'a/men% +or !ne and co&%&.
Issue%
I& %)e cor% correc% in re+&in( %o cancel %)e ca&) AondJ
9eld%
Ye&. Rle 11,# Sec. ""415 o+ %)e Rle& o+ Cor% con%em'la%e&
o+ a &i%a%ion 7)ere# amon( o%)er&# %)e &re%/ or Aond&man
&rrender& %)e acc&ed. Ani%a did no% &rrender %)e acc&ed#
c)ar(ed in %)e , criminal ca&e&# %o %)e %rial cor%. T)e acc&ed
7a& arre&%ed and de%ained Aeca&e )e 7a& c)ar(ed in a
&A&e;en% criminal ca&e.
1oreo$er# %)e Aail Aond 'o&%ed +or %)e acc&ed 7a& in %)e
+orm o+ ca&) de'o&i% 7)ic)# a& manda%ed A/ Sec. 1, o+ Rle 11,#
&)all Ae a''lied %o %)e 'a/men% o+ !ne and co&%&# and %)e eGce&&#
i+ an/# &)all Ae re%rned %o %)e acc&ed or %o an/ 'er&on 7)o
made %)e de'o&i%. A& +ar a& %)e S%a%e i& concerned# 7)ile %)e
mone/ ma/ Ae de'o&i%ed A/ ano%)er 'er&on# i% i& re(arded a&
mone/ o+ %)e acc&ed. Con&e;en%l/# i% can Ae a''lied in
'a/men% o+ an/ !ne and co&%& %)a% ma/ Ae im'o&ed A/ %)e cor%.
2. Escape of accused to foreign countr!
People 0. 2aparas
131 S2)& 132
4arch 5, 1511
'irst Di0ision% (anca!co, 8.
Issue%
1a/ an eG'lana%ion (i$en A/ a Aond&man 7i%)in a
rea&onaAle 'eriod %)a% %)e 'rinci'al le+% %)e con%r/
&rre'%i%io&l/ and 7a& de%ained in a +orei(n Eri&dic%ion +or %)e
commi&&ion o+ a diBeren% oBen&e in &aid Eri&dic%ion Ae
con&idered a &A&%an%ial com'liance o+ %)e d%/ im'o&ed 'on
%)e Aond&man &?cien% %o eGonera%e %)e Aond&man +rom
liaAili%/J
9eld%
No. Under Sec. "1# Rle 11,# %o E&%i+/ eGem'%ion +rom
liaAili%/ on a Aail Aond or a redc%ion %)ereo+# %)e acc&ed m&%
Ae &rrendered %o %)e cor% and )i& nonCa''earance 7)en !r&%
re;ired A/ %)e cor% m&% Ae &a%i&+ac%oril/ eG'lained. Pe%i%ioner
7a& o+ %)e erroneo& im're&&ion %)a% a& lon( a& an eG'lana%ion
7a& (i$en and 'ro$ided i% 7a& made %imel/ a Aond&man cold Ae
readil/ relie$ed o+ liaAili%/. Pe%i%ionerP& alle(a%ion %)a% %)e
'er+ormance o+ i%& oAli(a%ion 7a& rendered im'o&&iAle A/ %)e ac%
o+ %)e oAli(e o+ i&&in( clearance enaAlin( acc&ed %o lea$e %)e
P)ili''ine&# i& n%enaAle. I% cold )a$e %aIen &%e'& %o 're$en% %)e
de'ar%re. T)e error o+ %)e (o$ernmen% a(enc/ concerned in
allo7in( acc&ed %o lea$e m&% Ae Aeca&e o+ )er
mi&re're&en%a%ion %)a% %)ere 7a& no 'endin( ca&e a(ain&% )er.
Pe%i%ioner canno% Ae relie$ed o+ liaAili%/ on %)e (rond %)a% i% )ad
no% 'ar%ici'a%ed nor con&en%ed %o %)e e&ca'e o+ %)e 'rinci'al. A&
%)e Eailer or c&%odian o+ %)e acc&ed i%& oAli(a%ion i& %o 'rodce
%)e Aod/ o+ %)e acc&ed 7)ene$er &o re;ired. Failre %o do &o i&
a $iola%ion o+ %)e condi%ion o+ %)e Aond.
3. Ather instances where ail ma! e cancelled
Philippines Phoeni* 0. Sandigana!an
1#5 S2)& 31:
&pril 25, 151:
<hird Di0ision% 'ernan, 8.
,uestion%
A&ide +rom &rrender o+ acc&ed A/ %)e Aond&man or 'on
'roo+ o+ )i& dea%)# in 7)a% in&%ance& ma/ %)e Aail Ae cancelledJ
&nswer%
A& a (eneral 'rinci'le# a&ide +rom %)e in&%ance& enmera%ed
in Sec. "" o+ Rle 11,# %)e &re%/# 'on a''lica%ion !led 7i%) %)e
cor%# ma/ al&o Ae relie$ed +rom %)e nonCa''earance o+ %)e Aond
7)ere i%& 'er+ormance i& rendered im'o&&iAle A/ %)e ac% o+ God#
%)e ac% o+ %)e oAli(e 4%)e Go$ernmen%5 or %)e ac% o+ %)e la7. T)e
eGonera%ion nder %)e &econd ca%e(or/ i& 'redica%ed 'on %)e
'rinci'le %)a% %)e Go$ernmen%# a& %)e oAli(e in %)e Aond# canno%
A/ i%& o7n ac%& 're$en% %)e +l!lmen% o+ %)e condi%ion& o+ %)e
Aond A/ %)e &re%ie& and a% %)e &ame %ime demand i%& +or+ei%re.
S52. &'. *rrest of accused out on bail. Eor the purpose
of surrendering the accused, the bondsmen may arrest him or,
upon written authority endorsed on a certified copy of the
underta8ing, cause him to be arrested by a police officer or
any other person of suitable age and discretion.
*n accused released on bail may be re=arrested without the
necessity of a warrant if he attempts to depart from the
!hilippines without permission of the court where the case is
pending. &'a)
&rrest of &ccused Aut on 7ail
1. Who ma! e*ecute the arrest for the purpose of
surrendering the accused%
1. T)e Aond&men# or
". U'on 7ri%%en a%)ori%/ endor&ed on a cer%i!ed co'/ o+ %)e
nder%aIin(#
%)e Aond&men ma/ ca&e )im %o Ae arre&%ed A/
1. a 'olice o?cer# or
". an/ o%)er 'er&on o+ &i%aAle a(e and di&cre%ion.
2. When accused released on ail ma! e re.arrested
without the necessit! of a warrant%
I+ )e a%%em'%& %o de'ar% +rom %)e P)ili''ine& 7i%)o%
'ermi&&ion o+ %)e cor% 7)ere %)e ca&e i& 'endin(.
1. )ight to tra0el
a. Prohiition ! Sandigana!an
Santiago 0. Das?ue/
21: S2)& =33
8anuar! 2:, 1553
En 7anc% )egalado, 8.
Issue%
1a/ a 'er&on 7)o i& o% on Aail Ae 'ro)iAi%ed A/ %)e cor%
+rom lea$in( %)e con%r/J
9eld%
Ye&. A cor% )a& %)e 'o7er %o 'ro)iAi% a 'er&on admi%%ed %o
Aail +rom lea$in( %)e P)ili''ine&. T)i& i& a nece&&ar/ con&e;ence
o+ %)e na%re and +nc%ion o+ a Aail Aond. T)e condi%ion &%a%ed
nder Rle 11,# o+ %)e Re$i&ed Rle& o+ Cor% +or acc&ed %o maIe
)im&el+ a$ailaAle a% all %ime& 7)ene$er %)e cor% re;ire& )i&
're&ence o'era%e& a& a $alid re&%ric%ion on )i& ri()% %o %ra$el. A&
)eld in Peo'le $&. U/ Ti&in(# 81 P)il. ,>, 21F*-3M KIndeed# i+ %)e
acc&ed 7ere allo7ed %o lea$e %)e P)ili''ine& 7i%)o% &?cien%
rea&on# )e ma/ Ae 'laced Ae/ond %)e reac) o+ %)e cor%&.L
. Prohiition ! 4<2
4onde"ar 0. 7uan
3=1 S2)& 115
8ul! 12, 2661
'irst Di0ision% ;apunan, 8.
Issue%
1a/ a 1TC Ed(e i&&e a )old de'ar%re in criminal ca&e&
'endin( Ae+ore i%J
9eld%
No. Circlar No. *FCF= 415 &'eci!call/ 'ro$ide& %)a% K)oldC
de'ar%re order& &)all Ae i&&ed onl/ in criminal ca&e& 7i%)in %)e
eGcl&i$e Eri&dic%ion o+ %)e re(ional %rial cor%&.L Clearl/ %)en#
criminal ca&e& 7i%)in %)e eGcl&i$e Eri&dic%ion o+ !r&% le$el cor%&
do no% +all 7i%)in %)e amAi% o+ %)e circlar.
Section &' is an instance of a valid warrantless arrest. 1his is a
continuation of Section 0 +ule 11'
. Eor the purpose of surrendering the accused, they can arrest him
without a warrant. 1he bondsmen is his jailer. 1he theory of
bond,especially corporate bond is that the sureties or bondmen becomes
the jailer in the eyes of the law, and the accused is their prisoner. 1hey
ta8e over government.
,etLs go to last paragraph of Section &'. 7f you are attempting to leave
the !hilippines, especially if there is a hold departure order, even if you
are on bail, you can be arrested without a warrant.
?ow, we will go to this Auestion related to your constitutional right
to travel:
F: Dow do you reconcile Section &' with the constitutional right to
travelO
*: 7n the 1$./ case of
M*?"1"2 vs. 2"C+1 "E *!!5*,S
1#& S2+* 1#$
7SSC5: Dow come if you are out on bail, you cannot leave
the country without the permission of the courtO
D5,<: :* court has the power to prohibit a person admitted
to bail from leaving the !hilippines. 1his is a necessary
conseAuence of the nature and function of a bail bond. 1he
condition imposed upon petitioner to ma8e himself available at
all times whenever the court reAuires his presence operates as a
valid restriction on his right to travel.9 because this is one of
the conditions of the bail bond you must be available
whenever the court reAuires you to appear.)
:7ndeed, if the accused were allowed to leave the !hilippines
without sufficient reason, he may be placed beyond the reach of
the courts. 7f the sureties have the right to prevent the principal
from leaving the state, more so then has the court from which
the sureties merely derive such right, and whose jurisdiction
over the person of the principal remains unaffected despite the
grant of bail to the latter.9
:1he court cannot allow the accused to leave the country
without the assent of the surety because in accepting a bail bond
or recogniBance, the government impliedly agrees that it will not
ta8e any proceedings with the principal that will increase the
ris8s of the sureties or affect their remedies against him. Cnder
this rule, the surety on a bail bond or recogniBance may be
discharged by a stipulation inconsistent with the conditions
thereof, which is made without his assent.9
So, if your own bondsmen have the right to prevent you, with more
reason with the court which has the complete jurisdiction over your
person. -ut even if the court wants to grant you permission to leave, but
the bondsmen, says no, then the court has no power to grant your
reAuest because the bondsmen must also agree. Manotoc vs. 2*, supra)
S7,;5+7" vs. 2"C+1 "E *!!5*,S
*pril ., 1$$1
E*21S: Silverio was charged criminally for violation of
+evised Securities *ct. Eor more than two years, there were
series of postponements of the arraignment scheduled therein.
De could not be arraigned because he had gone abroad several
times without the necessary court approval. 1he prosecution got
fed up already. So upon motion of the prosecution, the trial
court ordered the <E* to cancel SilverioLs passport or to deny
the application to re=new the passport. 1he 2ommission on
7mmigration is also ordered to prevent Silverio from leaving the
country.
?ow, according to Silverio, the courtLs orders are
unconstitutional because under the 2onstitution, courts can
impair the right of a citiBen to travel only on the ground of
national security, public safety or public health.
1he S2 here traced the history of that constitutional
provision. Dow did that provision come aboutO
D5,<: 1he phraseology in the 1$.4 2onstitution was a
reaction to the ban on international travel imposed under the
previous regime when there was a 1ravel !rocessing 2enter,
which issued certificates of eligibility to travel upon application
of an interested party. because during the Marcos era, he
created a travel processing agency headed by %eneral ;er,
where every Eilipino who wants to travel abroad must be
cleared by that office.)
*rticle 777, Section / of the 1$.4 2onstitution should by no
means be construed as delimiting the inherent power of the
courts to use all means necessary to carry their orders into effect
in criminal cases pending before them.
7n other words, the court has always the power to prevent an accused
from leaving for abroad. *nd that constitutional provision was never
interpreted to limit the power of the court. 1herefore, Silverio was citing
the wrong provision. 1he philosophy does not apply to Silverio.
S*?17*%" vs. %*+2D71"+5?*
<ecember &, 1$$'
E*21S: Several criminal cases were filed against Miriam
Santiago arising from her tenure as 7mmigration 2ommissioner.
?ow, she was interviewed by the media and she said that she is
leaving in a few days for abroad because she was offered a
fellowship grant by the Darvard Cniversity. 1he Sandiganbayan
issued a Dold <eparture "rder.Santiago Auestioned the order.
7SSC5: May a court trying a criminal case issue a hold=
departure order motu propio to prevent the accused from leaving
the country even if the prosecution did not file any motion to
issue such orderO
D5,<: I5S. :1he court has the power to issue motu propio
a hold=departure order. 1he hold=departure order is but an
e@ercise of the courtLs inherent power to preserve and to
maintain the effectiveness of its jurisdiction over the case and
the person of the accused.9
M*+2"S vs. S*?<7%*?-*I*?
&#4 S2+* *ugust $, 1$$0)
E*21S: 2riminal charges were filed against 7melda Marcos.
7n one of the cases, she was convicted by the Sandiganbayan.
*fter conviction, she filed a motion for reconsideration and
while her motion was pending, she filed a motion for leave to
travel abroad for treatment of hypertensive heart disease,
uncontrolled angina pectoris, and anterior myocardial infarction.
1he motion was supported by medical reports prepared by her
physician and cardiologist and other doctors in Ma8ati Medical
2enter.
!residing >ustice %architorena referred the issue to a
committee of cardiologists from Dealth 2enter of the
!hilippines for e@tra opinion on some Auestions among which
was: :7s MarcosL condition fatalO "r, 7s she in danger of dyingO
1he committee submitted a report which was heard in the
presence of the two lawyers of Marcos. 1he +eport of the
committee: she was sic8 but the evidence does not confirm the
allegation that Mrs. Marcos is in the high ris8 group of sudden
cardiac death. 7n other words, she is sic8 but she is not in danger
of dyiing.
Jith that, the Sandiganbayan denied the motion. Marcos
went to the S2 attac8ing the Sandiganbayan order alleging that
the court adopted an unusual and unorthodo@ conduct by motu
propio conducting a third party as8ing the latter to give an
opinion.
D5,<: :1he Sandiganbayan acted properly. +espondent
court had to see8 e@pert opinion because petitionerXs motion was
based on the advice of her physician. 1he court could not be
e@pected to just accept the opinion of petitionerXs physician in
resolving her reAuest for permission to travel. 1he subject lay
beyond its competence and since the grant of the reAuest
depended on the verification of the claim that petitioner was
suffering from a medical condition that was alleged to be
serious and life threatening, the respondent court, we thin8,
followed the only prudent course available of see8ing the
opinion of other specialists in the field.9
:7ndeed, when even in their own field of e@pertise law)
courts are allowed to invite amici curiae to shed light on
recondite points of law, there is no reason for denying them
assistance on other subjects.9
:!erhaps the best proof that she is not in the group is the fact
that she ran in the last election for a seat in the Douse of
+epresentatives and won. 7t may be assumed that she waged an
arduous political campaign but apparently is none the worse for
it.9
2">C*?%2" vs. S*?<7%*?-*I*?
'(( S2+* '/4 G1$$.H
E*21S: 2ojuangco has several pending cases before the
Sandiganbayan. *nd there is a travel ban everytime he travels
abroad.
7SSC5: 7s there a need of a hold=departure order everytime
2ojuangco travels abroadO

D5,<: :Je resolve in the negative. 1he travel ban should be
lifted, considering all the circumstances now prevailing. 7t now
becomes necessary that there be strong and compelling reasons
to justify the continued restriction on 2ojuangcoLs right to travel
abroad. *dmittedly, all of 2ojuangcoLs previous reAuests to
travel abroad has been granted and that 2ojuangco has always
returned to the !hilippines and complied with the restrictions
imposed on him.9
:1he necessity of further denying 2ojuangcoLs right to travel
abroad, with attendant restrictions, appears less than clear. 1he
ris8 of flight is further diminished in view of 2ojuangcoLs recent
reinstatement as 2hairman and 2hief 5@ecutive of San Miguel
2orporation, though he has now more justification to travel so
as to oversee the entire operations of that company. 7n this
regard, it has to be conceded that his assumption of such vital
post has come at a time when the current economic crisis has
adversely affected by international operations of many
companies, including San Miguel.9
:1he need to travel abroad freAuently on the party of
2ojuangco, to formulate and implement the necessary corporate
strategies and decisions, could not be forestalled. 1hese
considerations affecting 2ojuangcoLs duties to a publicly held
company, militate against imposing further restrictions on
2ojuangcoLs right to travel abroad.9
Sec. 2#
7ail &fter 'inal 8udgment of 2on0iction%
1. &fter 'inal 8udgment of 2on0iction%
1. (eneral )ule + <ail i& NOT allo7ed
2. E*ceptions + I+ Ae+ore &c) !nali%/# %)e acc&ed a''lie&
+or 'roAa%ionM
1. 0e ma/ Ae allo7ed %em'orar/ liAer%/ nder )i& Aail#
or
". T)e cor% ma/ allo7 )i& relea&e on reco(ni6ance %o
%)e c&%od/ o+
a re&'on&iAle memAer o+ %)e commni%/M
1. 7)en no Aail 7a& !led# or
". 7)en %)e acc&ed i& inca'aAle o+ !lin( one#
2. &fter the accused has commenced to ser0e sentence%
<ail i& NOT allo7ed
1. 7ail after fnal "udgment
Dicente 0. 4a"udcon
#=1 S2)& 12
8une 23, 2663
Second Di0ision% &ustria.4artine/, 8.
'acts%
Acc&ed 7a& &en%enced %o D mon%)& o+ im'ri&onmen% +or
$iola%ion o+ <.P. "". A+%er &er$in( +or * mon%)&# )e !led a mo%ion
+or clari!ca%ion re(ardin( %)e eBec% o+ %)e S'reme Cor% deci&ion
in %)e Vaca ca&e 7)ic) &%a%ed %)a% a& a ma%%er o+ 'olic/# %rial
cor%& &)old im'o&e !ne& onl/ +or $iola%ion o+ &aid la7.
1ean7)ile# %)e cor% allo7ed )im %o 'o&% Aail.
Issue%
1a/ one con$ic%ed A/ !nal Ed(men% Ae allo7ed %o 'o&% AailJ
9eld%
No. Sec. ",# Rle 11, o+ %)e Rle& o+ Cor% i& 'lain and clear
in 'ro)iAi%in( %)e (ran% o+ Aail a+%er con$ic%ion A/ !nal Ed(men%
and a+%er %)e con$ic% )a& &%ar%ed %o &er$e &en%ence. T)e onl/
eGce'%ion %o Sec. ", i& 7)en %)e con$ic% )a& a''lied +or 'roAa%ion
Ae+ore )e commence& %o &er$e &en%ence# 'ro$ided %)e 'enal%/
and %)e oBen&e are 7i%)in %)e 'r$ie7 o+ %)e ProAa%ion La7. Sec.
1, o+ Rle 1>" a''lie& onl/ %o ca&e& 7)ere %)e a''lican% +or %)e
7ri% o+ habeas corpus i& re&%rained A/ $ir%e o+ a criminal c)ar(e
a(ain&% )im and no% in an in&%ance# a& in %)e ca&e in$ol$ed in %)e
're&en% con%ro$er&/# 7)ere %)e a''lican% i& &er$in( &en%ence A/
rea&on o+ a !nal Ed(men%.
Sec. 23
2ourt Super0ision of Detainees%
1. T)e cor% &)all eGerci&e &'er$i&ion o$er all 'er&on& in c&%od/
+or %)e 'r'o&e o+ elimina%in( nnece&&ar/ de%en%ion9
". T)e eGec%i$e Ed(e& o+ %)e RTCP& &)allM
1. condc% mon%)l/ 'er&onal in&'ec%ion& o+ 'ro$incial# ci%/#
and mnici'al
Eail& and %)e 'ri&oner& 7i%)in %)eir re&'ec%i$e Eri&dic%ion&#
". a&cer%ain %)e nmAer o+ de%aine&&#
*. in;ire on %)eir 'ro'er accommoda%ion& and )eal%)
,. eGamine %)e condi%ion o+ %)e Eail +acili%ie&#
-. order %)e &e(re(a%ion o+ &eGe& and o+ minor& +rom adl%&#
8. en&re %)e oA&er$ance o+ %)e ri()% o+ de%ainee& %o con+er
'ri$a%el/ 7i%)
con&el# and
=. &%ri$e %o elimina%e condi%ion& inimical %o %)e de%ainee&9
3. In ci%ie& and mnici'ali%ie& %o Ae &'eci!ed A/ %)e S'reme
Cor%# %)e 1TC Ed(e& &)allM
1. condc% mon%)l/ 'er&onal in&'ec%ion& o+ %)e mnici'al
Eail& in %)eir
re&'ec%i$e mnici'ali%ie&# and
". &Ami% a re'or% %o %)e eGec%i$e Ed(e o+ %)e RTC )a$in(
Eri&dic%ion
%)erein9
#. A mon%)l/ re'or% o+ &c) $i&i%a%ion &)all Ae &Ami%%ed A/ %)e
eGec%i$e Ed(e& %o %)e Cor% Admini&%ra%or 7)ic) &)all &%a%eM
1. %)e %o%al nmAer o+ de%ainee&#
". %)e name& o+ %)o&e )eld +or more %)an *> da/&#
*. %)e dra%ion o+ de%en%ion#
,. %)e crime c)ar(ed#
-. %)e &%a%& o+ %)e ca&e#
8. %)e ca&e +or de%en%ion# and
=. o%)er 'er%inen% in+orma%ion.
S52. &/. -ail not a bar to objections on illegal arrest, lac8 of or
irregular preliminary investigation. *n application for or admission
to bail shall not bar the accused from challenging the validity of his
arrest or the legality of the warrant issued therefore, or from assailing
the regularity or Auestioning the absence of a preliminary
investigation of the charge against him, provided that he raises them
before entering his plea. 1he court shall resolve the matter as early as
practicable but not later than the start of the trial of the case. n)
Section &/ is a new provision.
E@ects on illegal arrest
1. E@ect of application or admission to ail + It shall not
ar the accused from%
1. C)allen(in(M
1. %)e $alidi%/ o+ )i& arre&%# or
". %)e le(ali%/ o+ %)e 7arran% i&&ed %)ere+or9 or
". A&&ailin( %)e re(lari%/ o+ or ;e&%ionin( %)e aA&ence o+ a
PI o+ %)e
c)ar(e a(ain&% )im 4'ro$ided %)a% )e rai&e& %)em Ae+ore
en%erin( )i& 'lea5
2. )e?uisite for accused to e entitled to the ao0e%
0e m&% rai&e %)em Ae+ore en%erin( )i& 'lea
3. When the court shall resol0e the matter on whether or
not to grant ail%
A& earl/ a& 'rac%icaAle A% no% la%er %)an %)e &%ar% o+ %)e %rial
o+ %)e ca&e
1. &dmission to ail efore arraignment
Serapio 0. Sandigana!an
35= S2)& ##3
8anuar! 21, 2663
En 7anc% 2alle"o, Sr., 8.
'acts%
Acc&ed 7a& c)ar(ed 7i%) Plnder Ae+ore %)e
Sandi(anAa/an and )e a''lied +or Aail. T)e cor% in&i&%ed %)a% )e
&)old Ae arrai(ned !r&% Ae+ore %)e )earin( on )i& Aail a''lica%ion
can 'roceed. W)en )e re+&ed %o Ae arrai(ned# %)e
Sandi(anAa/an en%ered a 'lea o+ no% (il%/ +or )im.
Issue%
W)e%)er or no% acc&ed &)old !r&% Ae arrai(ned Ae+ore
)earin(& on )i& 'e%i%ion +or Aail ma/ Ae condc%edJ
9eld%
No. T)e arrai(nmen% o+ an acc&ed i& no% a 'rere;i&i%e %o
%)e condc% o+ )earin(& on )i& 'e%i%ion +or Aail. A 'er&on i&
allo7ed %o 'e%i%ion +or Aail a& &oon a& )e i& de'ri$ed o+ )i& liAer%/
A/ $ir%e o+ )i& arre&% or $oln%ar/ &rrender. To condi%ion %)e
(ran% o+ Aail %o an acc&ed on )i& arrai(nmen% 7old Ae %o 'lace
)im in a 'o&i%ion 7)ere )e )a& %o c)oo&e Ae%7eenM 213 !lin( a
mo%ion %o ;a&) and %)& dela/ )i& relea&e on Aail Aeca&e n%il
)i& mo%ion %o ;a&) can Ae re&ol$ed# )i& arrai(nmen% canno% Ae
)eld# and 2"3 +ore(oin( %)e !lin( o+ a mo%ion %o ;a&) &o %)a% )e
can Ae arrai(ned a% once and %)erea+%er Ae relea&ed on Aail. T)i&
7old ndermine )i& con&%i%%ional ri()% no% %o Ae '% on %rial
eGce'% 'on a $alid com'lain% or In+orma%ion &?cien% %o c)ar(e
)im 7i%) a crime and )i& ri()% %o Aail.
2. E@ect of ail on right to preliminar! in0estigation
>usop 0. Sandigana!an
332 S2)& 31:
'eruar! 22, 2661
<hird Di0ision% Panganian, 8.
,uestion%
I& %)e !lin( o+ a Aail Aond a 7ai$er o+ %)e ri()% %o a
'reliminar/ in$e&%i(a%ionJ
&nswer%
No. Under Sec. "8# Rle 11, o+ %)e Re$i&ed Rle& o+ Criminal
Procedre# an a''lica%ion +or or admi&&ion %o Aail &)all no% Aar %)e
acc&ed +rom c)allen(in( %)e $alidi%/ o+ )i& arre&% or %)e le(ali%/
o+ %)e 7arran% i&&ed %)ere+or# or +rom a&&ailin( %)e re(lari%/ or
;e&%ionin( %)e aA&ence o+ a 'reliminar/ in$e&%i(a%ion o+ %)e
c)ar(e a(ain&% )im# 'ro$ided %)a% )e rai&e& %)em Ae+ore en%erin(
)i& 'lea.
3. E@ect of ail on ?uestion of legalit! of arrest
ABae 0. (utierre/
#25 S2)& =13
4a! 2:, 266#
Second Di0ision% 2alle"o, Sr., 8.
'acts%
Acc&ed 7a& c)ar(ed 7i%) estafa and %)e RTC i&&ed a
7arran% +or )er arre&%. A+%er 'o&%in( Aail Aond o+ P,>#>>> on .l/
1-# ">>># &)e !led a mo%ion +or Edicial de%ermina%ion o+ 'roAaAle
ca&e and %o de+er 'roceedin(&. T)e RTC denied )er mo%ion
rea&onin( %)a% %)e 'o&%in( o+ Aail re&l%ed %o %)e 7ai$er o+ )er
ri()% %o ;e&%ion %)e !ndin( o+ 'roAaAle ca&e +or )er arre&%. T)e
CA a?rmed %)e RTC.
Issue%
Did %)e 'o&%in( o+ %)e Aail Aond A/ %)e acc&ed +or )er
'er&onal liAer%/ re&l% %o 7ai$er o+ )er ri()% %o ;e&%ion %)e
cor%P& !ndin( o+ 'roAaAle ca&e +or )er arre&%J
9eld%
No. Sec. "8# Rle 11, o+ %)e Re$i&ed Rle& on Criminal
Procedre 'ro$ide& %)a% %)e a''lica%ion and admi&&ion %o Aail
&)all no% Aar acc&ed +rom c)allen(in( %)e $alidi%/ o+ )i& arre&% or
%)e le(ali%/ o+ %)e 7arran% i&&ed %)ere+ore.
T)i& i& a ne7 'ro$i&ion in%ended %o modi+/ 're$io& rlin(& o+
%)a% an a''lica%ion +or Aail or %)e admi&&ion %o Aail A/ %)e acc&ed
&)all Ae con&idered a& a 7ai$er o+ )i& ri()% %o a&&ail %)e 7arran%
i&&ed +or )i& arre&% on %)e le(ali%ie& or irre(lari%ie& %)ereon. I% i&
cra%i$e in na%re Aeca&e 'reci&el/# i% 7a& de&i(ned %o cre
de+ec%& and crA e$il& in 'rocedral rle&.
#. Petition for ail and motion to ?uash
Serapio 0. Sandigana!an
35= S2)& ##3
8anuar! 21, 2663
En 7anc% 2alle"o, Sr., 8.
Issue%
1a/ an acc&ed !le a mo%ion %o ;a&) drin( %)e 'endenc/
o+ )i& 'e%i%ion +or AailJ
9eld%
Ye&. No incon&i&%enc/ eGi&%& Ae%7een an a''lica%ion o+ an
acc&ed +or Aail and )i& !lin( o+ a mo%ion %o ;a&). T)e&e " relie+&
)a$e oAEec%i$e& 7)ic) are no% nece&&aril/ an%i%)e%ical %o eac)
o%)er. Cer%ainl/# %)e ri()% o+ an acc&ed %o &eeI 'ro$i&ional liAer%/
7)en c)ar(ed 7i%) an oBen&e no% 'ni&)aAle A/ dea%)# reclusion
perpetua or li+e im'ri&onmen%# or 7)en c)ar(ed 7i%) an oBen&e
'ni&)aAle A/ &c) 'enal%ie& A% a+%er de )earin(# e$idence o+
)i& (il% i& +ond no% %o Ae &%ron(# doe& no% 'reclde )i& ri()% %o
a&&ail %)e $alidi%/ o+ %)e In+orma%ion c)ar(in( )im 7i%) &c)
oBen&e. 0o7e$er# i+ a mo%ion %o ;a&) a criminal com'lain% or
in+orma%ion on %)e (rond %)a% %)e &ame doe& no% c)ar(e an/
oBen&e i& (ran%ed and %)e ca&e i& di&mi&&ed and %)e acc&ed i&
ordered relea&ed# %)e 'e%i%ion +or Aail o+ an acc&ed ma/ Aecome
moo% and academic.
F: 7f you post bail, are you under estoppel to Auestion the validity of
the arrest or the regularity or absence of a preliminary investigationO
*: Cnder Section &/, ?". 1he pivotal point is for as long as you
have not yet entered your plea. "nce you entered your plea, all the
defects are considered waived. -ut the posting of bail alone is not
considered as waiver to raise those issue.
d) Motion 1o Fuash Jarrant of *rrestsection &/ +ule 11#)
S52. &/. -ail not a bar to objections on illegal arrest, lac8 of or
irregular preliminary investigation. *n application for or
admission to bail shall not bar the accused from challenging the
validity of his arrest or the legality of the warrant issued
therefore, or from assailing the regularity or Auestioning the
absence of a preliminary investigation of the charge against him,
provided that he raises them before entering his plea. 1he court
shall resolve the matter as early as practicable but not later than
the start of the trial of the case. n)
Section &/ is a new provision.
F: 7f you post bail, are you under estoppel to Auestion the validity
of the arrest or the regularity or absence of a preliminary
investigationO
*: Cnder Section &/, ?". 1he pivotal point is for as long as you
have not yet entered your plea. "nce you entered your plea, all the
defects are considered waived. -ut the posting of bail alone is not
considered as waiver to raise such issue.
Jhat are the grounds for the Auashal of the warrant of arrestO
1he accused may move for the Auashal of the warrant of arrest in
accordance with the provision of Section &/, +ule 11# and other
pertinent provisions of the rules, based on the following grounds:
a) 7llegality of the arrest3
b) 7llegality of the warrant of arrest3 and
c) ,ac8 or absence of preliminary investigation.
1he remedy of the accused is to file a motion to Auash +ule 114) if the
ground is the irregularity of his arrest of irregularity of the warrant of
arrest, or a motion for preliminary investigation or reinvestigation, if the
ground is lac8 or irregularity in the conduct of the preliminary
investigation.,uciano vs. Mariano, #( S2+* 1.4)
e) Motion 1o 2onduct !reliminary 7nvestigation and)or
+einvestigationSec. 4 par. ' +ule 11&)
:*fter the filing of the complaint or information in court without a
preliminary investigation, the accused may, within five 0) days
from the time he learns of its filing, as8 for preliminary
investigation with the same right to adduce evidence in his defense
as provided in this +ule.9
F. MOTION TO :UASH THE COMPLAINT OR INFORMATION .Ru"e
//31
+ule 114
M"17"? 1" FC*SD
S5217"? 1. 1ime to move to Auash. *t any time before entering
his plea, the accused may move to Auash the complaint or
information. 1)
Where no motion is fled
People 0. -itafan
362 S2)& #2#
'eruar! 1, 1555
En 7anc% 4artine/, 8.
Issue%
1a/ %)e Ed(e ;a&) an in+orma%ion 7i%)o% an/ mo%ion +rom
%)e acc&edJ
9eld%
No. I% i& clear +rom Sec. 1#"#* and F o+ Rle 11= o+ %)e Rle&
o+ Cor% %)a% %)e ri()% %o !le a mo%ion %o ;a&) Aelon(& onl/ %o
%)e acc&ed. T)ere i& no%)in( in %)e rle& 7)ic) a%)ori6e& %)e
cor% or Ed(e %o motu proprio ini%ia%e a mo%ion %o ;a&) i+ no
&c) mo%ion 7a& !led A/ %)e acc&ed. A mo%ion con%em'la%e& an
ini%ial ac%ion ori(ina%in( +rom %)e acc&ed. I% i& %)e la%%er 7)o i& in
%)e Ae&% 'o&i%ion %o Ino7 on 7)a% (rond:& )e 7ill Aa&ed )i&
oAEec%ion %o %)e in+orma%ion. O%)er7i&e# i+ %)e Ed(e ini%ia%e& %)e
mo%ion %o ;a&)# %)en )e i& no% onl/ 'reCEd(in( %)e ca&e o+ %)e
'ro&ec%ion A% al&o %aIe& &ide 7i%) %)e acc&ed.
2. 4otion to ?uash after arraignment
4arcos 0. Sandigana!an
32= S2)& #:3
'eruar! 21, 2666
'irst Di0ision% Pardo, 8.
Issue%
1a/ an acc&ed !le a mo%ion %o ;a&) a+%er )i& arrai(nmen%J
9eld%
Ye&. Under Rle 11=# Sec. F# o+ %)e Rle& o+ Cor%# a mo%ion
%o ;a&) i& no% im'ro'er e$en a+%er arrai(nmen% acc&ed )ad
Aeen arrai(ned i+ %)e &ame i& (ronded on +ailre %o c)ar(e an
oBen&e and lacI o+ Eri&dic%ion o+ %)e oBen&e c)ar(ed# eG%inc%ion
o+ %)e oBen&e or 'enal%/ and doAle Eeo'ard/.
S52. &. Eorm and contents. 1he motion to Auash shall be in writing,
signed by the accused or his counsel and shall distinctly specify its
factual and legal grounds. 1he court shall consider no ground other
than those stated in the motion, e@cept lac8 of jurisdiction over the
offense charged. &a)
'orm and 2ontents of a 4otion to ,uash%
1. 'orm%
1. I% m&% Ae in 7ri%in(# and
". I% m&% Ae &i(ned A/ %)e acc&ed or )i& con&el
2. 2ontents%
1. (eneral )ule + T)e mo%ion &)all di&%inc%l/ &'eci+/ i%&
+ac%al and le(al (rond& and %)e cor% 7ill no% con&ider an/
(rond no% &%a%ed in %)e mo%ion
2. E*ception + T)e onl/ (rond %)a% %)e cor% ma/ con&ider
motu propio#
e$en i+ no% rai&ed in %)e mo%ion# i& lacI o+ Eri&dic%ion o$er
%)e oBen&e
c)ar(ed
1. 'actual issues as ground for the motion
4ilo 0. Salanga
132 S2)& 113
8ul! 26, 151:
'irst Di0ision% (anca!co, 8.
Issue%
1a/ acc&ed rai&e +ac%al i&&e& con%rar/ %o 7)a% a''ear on
%)e +ace o+ %)e in+orma%ion a& (rond +or a mo%ion %o ;a&)J
9eld%
No. Fac%al alle(a%ion& can onl/ Ae rai&ed a& a de+en&e a% %)e
%rial a& %)e/ %ra$er&e 7)a% i& alle(ed in %)e in+orma%ion. In
re&ol$in( a mo%ion %o ;a&)# cor%& canno% con&ider +ac%& con%rar/
%o %)o&e alle(ed in %)e in+orma%ion or 7)ic) do no% a''ear on %)e
+ace o+ %)e in+orma%ion. T)i& i& Aeca&e a mo%ion %o ;a&) i& a
)/'o%)e%ical admi&&ion o+ %)e +ac%& alle(ed in %)e in+orma%ion.
1a%%er& o+ de+en&e canno% Ae 'ro$ed drin( %)e )earin( o+ &c) a
mo%ion# eGce'% 7)ere %)e Rle& eG're&&l/ 'ermi%# &c) a&
eG%inc%ion o+ criminal liaAili%/# 're&cri'%ion# and +ormer Eeo'ard/. A
mo%ion %o ;a&) on %)e (rond %)a% %)e +ac%& c)ar(ed do no%
con&%i%%e an oBen&e canno% alle(e ne7 +ac%& 7)ic) are no% onl/
diBeren% A% al&o diame%ricall/ o''o&ed %o %)o&e alle(ed in %)e
com'lain%. T)i& rle admi%& o+ onl/ one eGce'%ion and %)a% i& 7)en
&c) +ac%& are admi%%ed A/ %)e 'ro&ec%ion.
2. E*ception to the rule
(arcia 0. 2&
2== S2)& =:1
8anuar! 2:, 155:
<hird Di0ision% Da0ide, 8r., 8.
'acts%
Acc&ed !led a mo%ion %o ;a&) %)e in+orma%ion +or Ai(am/
a(ain&% )im on %)e (rond o+ 're&cri'%ion. W)ile %)e in+orma%ion
alle(ed %)a% %)e oBen&e 7a& di&co$ered in 1FDF# acc&ed claim&
%)a% com'lainan% di&co$ered i% ac%all/ in 1F=, a& &)o7n A/ )i&
%e&%imon/ in a ca&e Ae+ore %)e Ci$il Ser$ice Commi&&ion.
Issue%
1a/ a mo%ion %o ;a&) (o Ae/ond %)e alle(a%ion& +ond in
%)e in+orma%ionJ
9eld%
Ye&. Sec."# Rle 11= o+ %)e Rle& o+ Cor% 'ro$ide& %)a% %)e
mo%ion %o ;a&) &)all &'eci+/ di&%inc%l/ %)e +ac%al and le(al
(rond& %)ere+or and %)e cor% &)all con&ider no (rond& o%)er
%)an %)o&e &%a%ed %)erein# eGce'% lacI o+ Eri&dic%ion o$er %)e
oBen&e c)ar(ed. A mo%ion %o ;a&) ma/ Ae Aa&ed on +ac%al and
le(al (rond&# and &ince eG%inc%ion o+ criminal liaAili%/ and doAle
Eeo'ard/ are re%ained a& amon( %)e (rond& +or a mo%ion %o
;a&) in Sec. *# i% nece&&aril/ +ollo7& %)a% +ac%& o%&ide %)e
in+orma%ion i%&el+ ma/ Ae in%rodced %o 'ro$e &c) (rond&. In
+ac%# in;ir/ in%o &c) +ac%& ma/ Ae allo7ed 7)ere %)e (rond
in$oIed i& %)a% %)e alle(a%ion& in %)e in+orma%ion do no% con&%i%%e
%)e oBen&e c)ar(ed.
7n civil cases, within the time for but before filing the answer to the
complaint, the defendant may move to dismiss the case on certain
specified grounds under +ule 1/. 7n criminal procedure, at anytime
before entering the plea, the accused may move to Auash the complaint
or information.
1a8e note that under Section &, the motion to Auash parta8es the
nature of an omnibus motion because the court will consider no ground
other than those stated in the motion. 1he court will not Auash a
complaint or information on a ground that you did not cite. 1his is
because you can waive this right.
1he only ground the court will consider moto propio, is lac8 of
jurisdiction over the offense charged, even if not raised in the motion to
Auash. 1he theory is that: :?o amount of silence on the party of the
accused will grant the court jurisdiction over the subject matter of the
case.9 >urisdiction over the subject matter is conferred by law.
F: Jhat are the grounds for a motion to AuashO
*: Section ':
S52. '. %rounds. 1he accused may move to Auash the complaint
or information on any of the following grounds:
a) 1hat the facts charged do not constitute an offense3
b) 1hat the court trying the case has no jurisdiction over
the offense charged3
c) 1hat the court trying the case has no jurisdiction over
the person of the accused3
d) 1hat the officer who filed the information had no
authority to do so3
e) 1hat it does not conform substantially to the prescribed
form3
f) 1hat more than one offense is charged e@cept when a
single punishment for various offenses is prescribed by law3
g) 1hat the criminal action or liability has been
e@tinguished3
h) 1hat it contains averments which, if true, would
constitute a legal e@cuse or justification3 and
i) 1hat the accused has been previously convicted or
acAuitted of the offense charged, or the case against him was
dismissed or otherwise terminated without his e@press
consent. 'a)
1. E*clusi0el! of grounds enumerated
a. &sence of preliminar! in0estigation
DillaNor 0. Di0ar
3#5 S2)& 15#
8anuar! 1=, 2661
<hird Di0ision% Panganian, 8.
Issue%
I& %)e aA&ence o+ a 'reliminar/ in$e&%i(a%ion a (rond +or a
mo%ion %o ;a&)J
9eld%
No. T)e aA&ence o+ a 'reliminar/ in$e&%i(a%ion doe& no%
im'air %)e $alidi%/ o+ %)e in+orma%ion or o%)er7i&e render i%
de+ec%i$e. Nei%)er doe& i% aBec% %)e Eri&dic%ion o+ %)e cor% o$er
%)e ca&e or con&%i%%e a (rond +or ;a&)in( %)e in+orma%ion. I% i&
no% amon( %)o&e li&%ed nder Sec. *# Rle 11= o+ %)e Rle& o+
Cor% a& a (rond +or a mo%ion %o ;a&).
. HacB of proale cause
People 0. Sandigana!an
#35 S2)& 356
Septemer 25, 266#
Second Di0ision% 2alle"o, Sr., 8.
'acts%
Acc&ed 7a& c)ar(ed Ae+ore %)e Sandi(anAa/an +or $iola%ion
o+ R.A. *>1F. 0e !led a mo%ion %o ;a&) %)e in+orma%ion. T)e S<
(ran%ed %)e mo%ion and ac;i%%ed %)e acc&ed rea&onin( %)a%
Aa&ed on %)e record&# %)ere 7a& no 'roAaAle ca&e %o c)ar(e )im
o+ %)e crime.
Issue%
I& lacI o+ 'roAaAle ca&e a (rond +or a mo%ion %o ;a&)J

9eld%
No. A mo%ion %o ;a&) ma/ Ae !led onl/ +or (rond& &%a%ed
nder Sec. *# Rle 11=# o+ %)e Rle& o+ Cor%. To ;a&) mean& %o
annl# $aca%e or o$er%)ro7. T)e aA&ence o+ 'roAaAle ca&e +or %)e
i&&ance o+ a 7arran% o+ arre&% i& no% a (rond +or %)e ;a&)al o+
%)e in+orma%ion A% i& a (rond +or %)e di&mi&&al o+ %)e ca&e. T)e
aA&ence or 're&ence o+ 'roAaAle ca&e i& %o Ae de%ermined +rom
%)e ma%erial a$ermen%& o+ %)e in+orma%ion and %)e a''enda(e&
%)ereo+# a& enmera%ed in Rle 11"# Sec. D. </ ;a&)in( %)e
in+orma%ion on %)e 'remi&e o+ lacI o+ 'roAaAle ca&e in&%ead o+
merel/ di&mi&&in( %)e ca&e# %)e S< ac%ed in $iola%ion o+ ca&e la7
and# %)&# ac%ed 7i%) (ra$e aA&e o+ i%& di&cre%ion amon%in( %o
eGce&& or lacI o+ Eri&dic%ion.
c. 'ailure to furnish resolution to accused
Das?ue/ 0. 9oilla.&linio
2:1 S2)& =:
&pril 1, 155:
En 7anc% 7ellosillo, 8.
Issue%
1a/ a cor% ;a&) %)e in+orma%ion on %)e (rond %)a%
acc&ed )a& no% Aeen +rni&)ed 7i%) a co'/ o+ %)e re&ol%ion o+
%)e 'ro&ec%or !ndin( 'roAaAle ca&eJ
9eld%
No. Under Sec. *# Rle 11=# o+ %)e Rle& o+ Cor%# +ailre o+
%)e 'ro&ec%ion %o +rni&) co'/ o+ %)e re&ol%ion %o acc&ed i& no%
one o+ %)e (rond& %o ;a&) an in+orma%ion.
An incom'le%e 'reliminar/ in$e&%i(a%ion doe& no% 7arran% %)e
;a&)al o+ %)e in+orma%ion# nor &)old i% oAli%era%e %)e
'roceedin(& alread/ )ad. Nei%)er i& %)e cor%P& Eri&dic%ion nor
$alidi%/ o+ an in+orma%ion ad$er&el/ aBec%ed A/ de!ciencie& in %)e
'reliminar/ in$e&%i(a%ion. In&%ead# %)e cor% m&% )old in
aAe/ance an/ +r%)er 'roceedin(& %)erein and %o remand %)e ca&e
%o %)e 'ro'er o?cer +or %)e com'le%ion o+ %)e 'reliminar/
in$e&%i(a%ion# %)e o%come o+ 7)ic) &)all %)en Ae indor&ed %o
cor% +or i%& a''ro'ria%e ac%ion.
1S1 %+"C?<: *) 1D*1 1D5 E*21S 2D*+%5< <" ?"1
2"?S171C15 *? "EE5?S53
7asis of determination whether facts constitute o@ense
4endo/a.Ang 0. People
#1# S2)& 111
Actoer 23, 2663
Second Di0ision% ,uisuming, 8.
,uestion%
W)a% i& %)e %e&% %o de%ermine 7)e%)er or no% %)e in+orma%ion
c)ar(e& an oBen&eJ
&nswer%
T)e +ndamen%al %e&% o+ %)e $iaAili%/ o+ a mo%ion %o ;a&) on
%)e (rond %)a% %)e +ac%& a$erred in %)e in+orma%ion do no%
amon% %o an oBen&e i& 7)e%)er %)e +ac%& alle(ed 7old e&%aAli&)
%)e e&&en%ial elemen%& o+ %)e crime a& de!ned A/ la7. In %)i&
eGamina%ion# ma%%er& aliunde are no% con&idered.
1D7+< <7;7S7"?
G%.+. ?o. 10(/1(. March &0, &((#.H
E5<5+72" *. !"-,515, -75?;5?7<" 2. !"-+5, >C*?71"
%*,*?%, +72*+<" E,"+5S, S*,;*<"+ ",*5S, ,5" ;.
!*<7,,* *?< !5<+" !*15+?", petitioner, vs. D"?"+*-,5
>CS1725S 5<7,-5+1" %. S*?<";*,, %"<"E+5<" ,. ,5%*S!7
and +*"C, ;. ;721"+7?", in their capacity as *ssociate >ustices of
the Sandiganbayan, Second <ivision, D5<5,7M* 2. *?1D"?I,
+"S*,7?<* M. 5S!7+71C, *?<+5* <. ;7*S"?, >"S5!D7?5 ?.
+*?25, and M*+715S 2. M7+*E,"+, respondents.
< 5 2 7 S 7 " ?
2*+!7" M"+*,5S, > p:
*ssailed via petition for certiorari are the Sandiganbayan "ctober 1(,
&((1 +esolution 1 denying petitionersX Motion to Fuash the first
amended information filed against them, and ?ovember ., &((1
+esolution & granting the prosecutionXs Motion to *dmit the second
amended information. 75<a*c
1he antecedents of the case are as follows:
"n September &4, 1$$$, the officers of Samahan ng ,ahing
Mandaragat ng !ulborista, 7nc., a non=stoc8, non=profit, non=government
organiBation based in -arangay !ulborista, -ina8ayan, 6awit, 2avite,
filed a complaint ' before the "ffice of the "mbudsman against the
following municipal officials of 6awit for 1$$0 to &((1: Mayor
Eederico !oblete, ;ice=Mayor +odrigo 2aimol, and Sangguniang -ayan
S-) Members -ienvenido 2. !obre, >uanito %alang, +icardo Elores,
!edro !aterno, Salvador "laes, 2herry +osario ?olasco, <oe !adilla
who was later identified as ,eo !adilla), and !eter <oe who was later
identified as Dernan >amir).
1he complaint alleged that the officials caused the registration of
foreshore land located in -arangay -ina8ayan, 6awit in the name of the
Municipality of 6awit and subseAuently sold the same to a corporation,
E>7 !roperty <evelopers, 7nc., notwithstanding that under
2ommonwealth *ct ?o. 1#1, specifically, 1itle 777, 2hapter G.H, Section
0$ # in relation to Section /1, 0 the land is inalienable and cannot be
disposed by any mode or transfer, e@cept by lease.
1he complaint further averred that the sale of the land caused undue
prejudice and injury to poor people, especially the indigent families who
claimed it as communal fishing grounds since time immemorial, and
gave private parties unwarranted benefits, the contract or transaction
being manifestly and grossly disadvantageous to the government and the
public.
1he respondents to the complaint jointly filed a 2ounter=affidavit /
and a Memorandum 4 contending that the land was legally and validly
reclaimed3 that the certificate of title was obtained in accordance with
e@isting laws and regulations3 that the sale and transfer were approved
by the 2ommission on *udit3 that there is no communal fishing ground
in 6awit3 and that 2ommonwealth *ct ?o. 1#1 is inapplicable to the
case.
7n a related move, the Senate 2ommittees on *ccountability of !ublic
"fficers and 7nvestigations and on 5nvironment and ?atural +esources
conducted on Eebruary 4 and 1#, &((( an inAuiry in aid of legislation
following a September &4, 1$$$ privilege speech of Senator +amon -.
+evilla entitled R2avite ,and ScamR bearing on the Auestioned sale of
the land. .
1he Senate subseAuently approved the above=said 2ommitteesX
+eport ?o. &&4 $ disclosing that the Auestioned lot is foreshore, and that
bad faith attended its registration and titling with the use of falsified
documents, and thus recommending the prosecution of the municipal
officials.
-y "rder 1( of March '(, &(((, the "mbudsman directed the filing
of an information against the mayor and members of the Sangguniang
-ayan of 6awit for violation of Section 'e) of +.*. ?o. '(1$ *nti=
%raft and 2orrupt !ractices *ct).
1he necessary information 11 was thus filed against said officials
including herein petitioners, which was raffled to herein public
respondent, &nd <ivision, Sandiganbayan.
*ll the accused filed a Motion for +einvestigation 1& which the
Sandiganbayan denied by "rder 1' of *pril &., &((( on the ground that
it had not yet acAuired jurisdiction over their persons as they had not yet
posted bonds nor surrendered.
5@cept for Dernan >amir, the rest of the accused filed anew a Motion
for +einvestigation, 1# averring that they voluntarily surrendered on
May &, &((( before the +egional 1rial 2ourt of 7mus, 2avite and posted
cash bonds of twenty thousand each 10 .
1he "mbudsman !rosecutor, by 2omment)"pposition 1/ to the
Motion for +einvestigation, contended that the motion was filed out of
time and the grounds relied thereon are evidentiary in nature which
could be resolved during trial. 1o this 2omment, the accused filed their
+eply. 14
7n an 5@=parte Motion to *dmit *mended 7nformation 1. to which
the accused filed their 2omment 1$ , the "mbudsman !rosecutor sought
to amend the information by inserting the number of the lot under
controversy, ,ot ##'1, and the amount of !1&',1&',1&'.(( representing
the price paid by E>7 !roperty <evelopers 7nc. for it. a7*5c<
-y +esolution &( of "ctober 14, &(((, the Sandiganbayan admitted
the *mended 7nformation on the ground that the Motion to *dmit it was
presented before arraignment and the amendments were mere matters of
form. 7n the same resolution, the Sandiganbayan denied the Motion for
+einvestigation on the ground that it was filed out of time, and the
matters raised therein could hardly be considered as newly discovered
evidence and would be better ventilated during the trial of the case as
defense evidence.
*ll the accused, e@cept Dernan >amir and +osario R2herryR ?olasco,
filed an "mnibus Motion &1 for reconsideration of the +esolution dated
"ctober 14, &((( and)or to Fuash the *mended 7nformation), to which
the prosecution filed its 2omment and "pposition. && 1hereafter, the
accused filed their +eply &' to the !rosecutionXs 2omment and
"pposition.
-y +esolution of >uly /, &((1, the Sandiganbayan denied the
accusedXs "mnibus Motion. &#
7n the meantime or on >uly 1&, &((1, the accused=herein petitioner
-ienvenido 2. !obre was arraigned and pleaded Rnot guilty.R &0
"n >uly &', &((1, the accused filed a Motion to Fuash &/ the
*mended 7nformation on the grounds that the facts charged do not
constitute an offense, and the information contained averments which, if
true, would constitute a legal e@cuse or justification.
*s the "mbudsman approved on *ugust '1, &((1 a Memorandum &4
recommending further amendments to the information, the prosecution
filed on September 1#, &((1 a Motion to *dmit *mended 7nformation
&. second *mended 7nformation).
Eor lac8 of merit, the Sandiganbayan, by +esolution &$ of "ctober
1(, &((1, denied the Motion to Fuash the first amended information.
-y a subseAuent +esolution '( issued on ?ovember ., &((1, the
Sandiganbayan granted the Motion to *dmit the second *mended
7nformation.
Dence, the present petition for certiorari.
7n determining whether the Sandiganbayan committed grave abuse of
discretion in issuing the +esolution of "ctober 1(, &((1, it is necessary
to re=e@amine the grounds invo8ed by petitioners in their Motion to
Fuash the first *mended 7nformation.
!etitionersX Motion to Fuash is anchored on Sections 'a) and 'h) of
+ule 114 of the +ules of 2ourt which provides:
+ule 114, Section '. %rounds. S 1he accused may move to
Auash the complaint or information on any of the following grounds:
a) 1hat the facts charged do not constitute an offense3
@@@ @@@ @@@
h) 1hat it contains averments which, if true, would constitute a
legal e@cuse or justification3
1he test for the correctness of the ground under Section 'a) of +ule
114 is the sufficiency of the averments in the information, that is,
whether the facts alleged, if hypothetically admitted, would establish the
essential elements of the offense as defined by law '1 without
considering matters aliunde.
1he information sought to be Auashed is hereinbelow Auoted
verbatim:
1he undersigned "mbudsman !rosecutor, "ffice of the Special
!rosecutor, hereby accuses Eederico !oblete, +odrigo 2aimol,
-ienvenido !obre, >uanito %alang, +icardo Elores, !edro !aterno,
Salvador "laes, +osario ?olasco, ,eo !adilla and Dernan >amir, of
;iolation of Sec. 'e) of +.*. '(1$, otherwise 8nown as the *nti=%raft
and 2orrupt !ractices *ct, committed as follows:
1hat on or about &. >anuary 1$$0 to &. ?ovember 1$$4 or prior or
subseAuent thereto, in the Municipality of 6awit, !rovince of 2avite,
!hilippines, and within the jurisdiction of this Donorable 2ourt, the
above=named accused, E5<5+72" !"-,515, then Municipal Mayor,
in conspiracy with then ;ice Mayor, +"<+7%" 2*7M", and S-
Members -75?;5?7<" !"-+5, >C*?71" %*,*?%, +72*+<"
E,"+5S, !5<+" !*15+?", S*,;*<"+ ",*5S, +"S*+7"
R2D5++IR ?",*S2", ,5" !*<7,,* and D5+?*? >*M7+, ta8ing
advantage of their official positions, with evident bad faith, and manifest
partiality to E>7 !roperty <evelopers, 7nc., did then and there willfully,
unlawfully and criminally give unwarranted benefits to E>7 !roperty
<evelopers, 7nc. and cause undue injury to the local fishermen and the
government sold a foreshore land, ,ot ##'1 through the passage of S-
+esolution ?o. '=$4, Series of 1$$4 authoriBing the sale of the land
situated in -ina8ayan, 6awit, 2avite in favor of E>7 !roperty
<evelopers, 7nc. in the amount of "?5 DC?<+5< 1J5?1I 1D+55
M7,,7"? "?5 DC?<+5< 1J5?1I 1D+55 1D"CS*?< "?5
DC?<+5< 1J5?1I 1D+55 !5S"S !1&',1&',1&'.(() with the
Municipality of 6awit, 2avite, represented by then mayor E5<5+72"
!"-,515 as vendor, despite full 8nowledge, and in complete disregard,
of the legal prohibition under Sections 10$ and /1, 2ommonwealth *ct
?o. 1#1, against the disposition through sale of foreshore, and
notwithstanding the warning of the <epartment of 5nvironment and
?atural +esources <5?+) on the prohibition against the lease of
foreshore lands along Manila -ay towards 2avite and -ataan. '&
5mphasis supplied).
1he information thus charges petitioners with violation of Section '
e) of +.*. '(1$, to wit:
Sec. '. 2orrupt practices by public officers. S 7n addition to acts or
omissions of public officers already penaliBed by e@isting law, the
following shall constitute corrupt practice of any public officer and are
hereby declared to be unlawful:
@@@ @@@ @@@
e) causing any undue injury to any party, including the %overnment,
or giving any private party any unwarranted benefits, advantage or
preference in the discharge of his official, administrative or judicial
functions through manifest partiality, evident bad faith or gross
ine@cusable negligence. 1his provision shall apply to officers and
employees of offices of government corporations charged with the grant
of licenses or permits or other concessions. 2S*a<5
Cnder settled jurisprudence, the following elements need to be proven
in order to constitute a violation of Section 'e) of +epublic *ct '(1$,
viB:
1. 1he accused is a public officer discharging administrative or
official functions or private persons charged in conspiracy with them3
&. 1he public officer committed the prohibited act during the
performance of his official duty in relation to his public position3
'. 1he public officer acted with manifest partiality, evident bad faith
or gross ine@cusable negligence3 and
#. Dis action caused undue injury to the government or any private
party, or gave any party unwarranted benefit, advantage or reference to
such parties. ''
2ontrary to petitionersX position, the information need not state the
manner by which the injury to the local fisherfol8 or the government
came about or the e@tent by which they e@hibited partiality, bad faith or
negligence in the enactment of S- +esolution '=$4 '# authoriBing the
sale of foreshore land, it being sufficient that the information alleges that
petitioners acted with manifest partiality, evident bad faith, and too8
advantage of their public positions by passing S- +esolution ?o. '=$4
despite the legal prohibition provided under the law, thereby causing
undue injury to the local fishermen and the government.
*nent the second ground of the Motion to Fuash, it is erroneous for
petitioners to argue that the payment of the amount of !1&',1&',1&'.((
by E>7 !roperty <evelopers, 7nc. for the lot in Auestion, which enriched
the coffers of the government, '0 was a legal e@cuse and justification to
free them from criminal liability. Eor if the elements of the offense S
violation of Section 'e) of +epublic *ct '(1$ S are proven, the
proffered e@cuse is immaterial.
1he grounds S bases of petitioners in the Motion to Fuash the first
*mended 7nformation being unwarranted, the Sandiganbayan did not
commit grave abuse of discretion in issuing the +esolution of "ctober
1(, &((1 denying the same.
2ontending that the Sandiganbayan also committed grave abuse of
discretion in issuing its +esolution of ?ovember ., &((1, petitioners
argue that it failed to consider Section 1#, +ule 11( of the +ules of 2ourt
which provides:
Sec. 1#. *mendment or substitution. S * complaint or information
may be amended, in form or in substance, without leave of court, at any
time before the accused enters his plea. *fter the plea and during trial, a
formal amendment may only be made with leave of court and when it
can be done without causing prejudice to the rights of the accused,their
co=accused co=petitioner -ienvenido 2. !obre having already been
arraigned '/ under the first *mended 7nformation and cannot thus be
made to re=plead to the second *mended 7nformation without his
constitutional right to double jeopardy being violated. !etitioners
moreover argue that they and their co=accused having been charged of
acting in concert, they cannot be convicted on the basis of different
informations.
1he cru@ of the issue therefore hinges on whether the amendments in
the second *mended 7nformation are mere matters of form which do not
prejudice the rights of the accused.
1he second *mended 7nformation is hereinbelow Auoted verbatim:
1hat on or about &. >anuary 1$$0 to &. ?ovember 1$$4 or sometime
prior or subseAuent thereto, in the Municipality of 6awit, !rovince of
2avite, !hilippines, and within the jurisdiction of this Donorable 2ourt,
the above=named accused public officials, Eederico !oblete, then
Municipal Mayor, +odrigo 2aimol, then ;ice Mayor and -ienvenido
!obre, >uanito %alang, +icardo Elores, !edro !aterno, Salvador "laes,
+osario R2herryR ?olasco, ,eo !adilla and Dernan >amir, then
Sangguniang -ayan Members, all of the Municipality of 6awit, 2avite,
while in the performance of their official functions, committing the
offense in relation to their office, conspiring and confederating with each
other, did then and there willfully, unlawfully and criminally, with
evident bad faith and manifest partiality, cause undue injury to the
%overnment and local fishermen of the Municipality of 6awit, 2avite in
the following manner: the said accused public officials maliciously sold
a foreshore land described as ,ot ##'1 through the passage of
Sangguniang -ayan +esolution ?o. '=$4, Series of 1$$4 authoriBing the
sale said land situated in -ina8ayan, 6awit, 2avite in favor of E>7
!roperty <evelopers, 7nc. in the amount of "?5 DC?<+5< 1J5?1I
1D+55 M7,,7"? "?5 DC?<+5< 1J5?1I 1D+55 1D"CS*?<
"?5 DC?<+5< 1J5?1I 1D+55 !5S"S !1&',1&',1&'.(()
!hilippine 2urrency, despite their full 8nowledge, and in complete
disregard, of the legal prohibition under Sections 10$ in relation to
Section /1, 2ommonwealth *ct ?o. 1#1, prohibiting the disposition
through sale of foreshore land thereby giving unwarranted benefits to
E>7 !roperty <evelopers, 7nc. to the damage and injury to the
%overnment in the aforementioned amount. 5mphasis in the original)
Jhile petitioners cite !eople v. 2asey '4 which laid down the test in
determining whether an amendment is a matter of form or substance, to
wit:
1he test as to whether a defendant is prejudiced by an amendment has
been said to be whether a defense under the information as it originally
stood would be available after the amendment is made, and whether any
evidence defendant might have would be eAually applicable to the
information in the new form as in the other. * loo8 into "ur
jurisprudence on the matter shows that an amendment to an information
introduced after the accused has pleaded not guilty thereto, which does
not change the nature of the crime alleged therein, does not e@pose the
accused to a charge which could call for a higher penalty, does not affect
the essence of the offense or cause surprise or deprive the accused of an
opportunity to meet the new averment had each been held to be one of
form and not of substance S not prejudicial to the accused and,
therefore, not prohibited by Section 1', +ule 11( now Section 1#) of
the +evised +ules of 2ourt, they fail to show how or why the
amendments may be considered as matters of substance which will
prejudice their rights as accused.
*n objective appraisal, however, of the second *mended 7nformation
shows that the amendments are merely formal for they do not touch
upon the recital of facts constituting the offense charged nor on the
determination of the jurisdiction of the court. 7nstead, the amendments
merely involve deletions, transpositions and re=phrasings, thereby
raising the same issue and the same operative facts already found in the
first *mended 7nformation.
*s laid down by this 2ourt, an amendment is only in form when it
merely adds specifications to eliminate vagueness in the information and
not to introduce new and material facts '. , and merely states with
additional precision something which is already contained in the original
information and which, therefore, adds nothing essential for conviction
for the crime charged. '$
1he second *mended 7nformation, while adding the word Rpublic
officers,R does not introduce a new and material fact as the accused in
the first *mended 7nformation were referred to as either the Mayor,
;ice=Mayor or Members of the Sangguniang -ayan. a15D72
,i8ewise, in the second *mended 7nformation, the phrase Rwhile in
the performance of their official functions, committing the offense in
relation to their office, conspiring and confederating with each otherR is
but a clearer restatement of the phrase Rin conspiracy and ta8ing
advantage of their official positionsR found in the first *mended
7nformation.
Section 1#, +ule 11( moreover provides that in allowing formal
amendments in cases where the accused have already pleaded, it is
necessary that the amendments do not prejudice the rights of the
accused.
1he test on whether the rights of an accused are prejudiced by the
amendment of a compliant or information is whether a defense under the
complaint or information, as it originally stood, would no longer be
available after the amendment is made, and when any evidence the
accused might have would be inapplicable to the complaint or
information. #(
1he mere re=arrangement of the words and phrases in the second
*mended 7nformation which are also alleged in the first *mended
7nformation does not change the basic theory of the prosecution, thus
creating no material change or modification in the defenses of the
accused.
2ontrary to petitionersX position, it having been established that the
Auestioned amendments are merely formal, there is no longer any need
for accused -ienvenido !obre to be re=arraigned on the second *mended
7nformation. #1
!etitioners additionally argue that the Sandiganbayan failed to
consider the irregularity in the preliminary investigation which they have
been harping upon, the particulars of which were stated in their Motion
for +einvestigation S that ,ot ?o. ##'1 covered by "riginal 2ertificate
of 1itle ?o. (='110 was no longer foreshore as it had already evolved
into a landmass and was ripe for titling, and that a portion of "21 ?o. (=
'110 was alienated in accordance with law.
2learly, petitionersX allegations are factual and evidentiary in nature
which may best be considered as matters of defense to be ventilated in a
full=blown trial. ,ac8 of probable cause during the preliminary
investigation is not one of the grounds for a motion to Auash. * motion
to Auash should be based on a defect in the information, which is evident
on its face. 1he guilt or innocence of the accused, and their degree of
participation, which should be appreciated, are properly the subject of
trial on the merits rather than on a motion to Auash. #&
*s for the propriety or impropriety of the filing of the information by
the "mbudsman, this 2ourt may not pass. ?either may it independently
ma8e a factual finding of whether there was indeed irregularity in the
conduct of the preliminary investigation. Eor petitioners are not, in the
present petition, assailing the denial by the Sandiganbayan of their
Motion for +einvestigation.
!etitioners having failed to substantiate the grounds they invo8ed in
their Motion to Fuash the first *mended 7nformation, and it having been
established that the amendments introduced in the second *mended
7nformation are mere matters of form, the Sandiganbayan did not
commit grave abuse of discretion in issuing its +esolutions of "ctober
1(, &((1 and ?ovember ., &((1.
JD5+5E"+5, the petition is hereby <7SM7SS5< for lac8 of merit.
5c72S*
S" "+<5+5<.
Sandoval=%utierreB and 2orona, >> ., concur.
;itug, > ., is on official leave.
E7+S1 <7;7S7"?
G%.+. ?o. .'40#. Eebruary 1., 1$$1.H
15"<"+" -. 2+CM, >+., petitioner, vs. 2"C+1 "E *!!5*,S,
Eifteenth <ivision, respondents.
2ruB, 5nverga K <el Mundo for petitioner.
< 5 2 7 S 7 " ?
2+CM, > p:
!etitioner 1eodoro -. 2ruB, >r. raises procedural issues in this petition
to review the decision of the respondent 2ourt of *ppeals in 2.*.=%.+.
S! ?o. 11441 dated *pril &$, 1$.., and its resolution of >une /, 1$..,
denying his motion for reconsideration.
1he petitioner was charged before the +egional 1rial 2ourt of Ma8ati,
along with several others, in four separate informations for estafa thru
falsification of public documents.
7t was alleged that the petitioner, together with Melania %uerrero,
who produced a special power of attorney claimed to have been
e@ecuted by the late 2lemente %uerrero, had conspired with their co=
accused in selling some properties of the decedent to the widowXs sister,
,uB *ndico, through fictitious deeds of sale notariBed by the petitioner
sometime in ?ovember and <ecember of 1$.(.
Cpon arraignment on >une 1, 1$.#, the petitioner and his co=accused
entered a plea of not guilty. SubseAuently, the petitioner filed a motion to
dismiss on the ground that the four informations Rdid) not charge an
offense.R *t the hearing on this motion, the petitioner submitted
testimonial and documentary evidence which was not refuted by the
prosecution. Eor its part, the prosecution submitted no evidence at all but
later moved to deny the motion. ,,pr
1he motion to dismiss was eventually denied by the trial court, 1 as
so was the subseAuent motion for reconsideration. & 1he petitioner
Auestioned the denial of the motions before this 2ourt, which referred
the case to the 2ourt of *ppeals. "n *pril &$, 1$.., the respondent court
' dismissed the petition, holding inter alia as follows:
!etitioner unabashedly admits that the motion to dismiss in the instant
criminal cases was filed after the arraignment so that the cases could not
be refiled again considering the principle of double jeopardy. -ut this
precisely begs the issue. 1he respondent 2ourt, then presided over by
>udge Madayag, cited as ground of the denial of the motion to dismiss
S to avoid technicalities that may arise later. 1his is interrelated to the
first ground in the denial S interest of substantial justice that the
prosecution could adduce evidence during the trial. 1hus, to hold
otherwise is to sanction a shrewd maneuver by petitioner wherein he
files a motion to Auash)dismiss after arraignment, presents his evidence
supporting his ground therefor, and without the State being able to
present its evidence in chief. Cnder the circumstances, what is needed is
a full=blown hearing.
@@@ @@@ @@@
Moreover, assuming that the procedure pursued by the petitioner in
outright presenting his evidence in support of his motion to dismiss,
although the prosecution has not as yet presented its evidence in chief, is
sanctioned by the +ules, still the respondent 2ourt, under the
circumstances, did not abuse its discretion in denying the motion to
dismiss and subseAuently, the motion for reconsideration. +espondent
2ourt must have been not convinced of the evidence presented, hence,
its judicial prerogative to deny the dismissal of the charges.
Jhat is essential and important is for the petitioner to show by his
own evidence that the documents, subject of the charges, were prepared
and notariBed by him clearly prior to the death of 2lemente %uerrero on
>une &#, 1$.( and not simply prior to the months of ?ovember and
<ecember, 1$.( when the offense was committed, as alleged in the
7nformation because each 7nformation may be amended as regards the
date of the commission of the offense without impairing the rights of the
petitioner !eople v. %erardo +ivera, et al., '' S2+* 4#/). 1he
amendment will only be a matter of form and will not Raffect the nature
and essence of the crime as originally charged.R
1he petitioner is now before us on certiorari and faults the above=
Auoted decision on the following grounds:
1) 1he court proceedings on petitionerXs motion to dismiss are
clearly sanctioned by law and jurisprudence.
&) 1he prosecution is in estoppel to Auestion said proceedings.
') 1he informations do not charge an offense.
#) 1here e@ists a variance between the allegations in the
information and the evidence presented in the motion to dismiss.
0) 1he documents were notariBed on their stated dates.
/) Substantial justice demands the dismissal of the informations
filed against herein petitioner.
1he petition must fail.
7t is a@iomatic that a complaint or information must state every single
fact necessary to constitute the offense charged3 otherwise, a motion to
dismiss)Auash on the ground that it charges no offense may be properly
sustained. 1he fundamental test in considering a motion to Auash on this
ground is whether the facts alleged, if hypothetically admitted, will
establish the essential elements of the offense as defined in the law. #
2ontrary to the petitionerXs contention, a reading of the informations
will disclose that the essential elements of the offense charged are
sufficiently alleged. 7t is not proper therefore to resolve the charges at
the very outset, in a preliminary hearing only and without the benefit of
a full=blown trial. 1he issues reAuire a fuller e@amination. %iven the
circumstances of this case, we feel it would be unfair to shut off the
prosecution at this stage of the proceedings and to dismiss the
informations on the basis only of the petitionerXs evidence, such as it is.
cdll
7t is clear that the trial judge did not commit grave abuse of discretion
when he denied the motion to dismiss on the grounds that Ra) interest of
substantial justice that the prosecution could adduce evidence during the
trial3 and b) to avoid technicalities that may arise later.R 0 "n the
contrary, his action was authoriBed under C.S. v. -arredo, / where this
2ourt said:
Cpon a motion of the provincial fiscal to dismiss a complaint upon
which an accused person has been remanded for trial by a justice of the
peace, it rests in the sound discretion of the judge whether to accede to
such motion or not. "rdinarily, of course, he will dismiss the action in
accordance with the suggestion of an e@perienced fiscal who has
personally investigated the facts. -ut if he is not satisfied with the reason
assigned by the fiscal, or if it appears to him from the record of the
proceedings in the court of the justice of the peace, or as a result of
information furnished by the private prosecutor, or otherwise, that the
case should not be dismissed, he may deny the motion.
7ndeed, as pointed out by the Solicitor %eneral, this denial was proper
because the petitioner failed to controvert in his motion to dismiss the
following substantial circumstances alleged in the affidavit complaint:
1) 1hat the vendee, ,uB *ndico sister of the accused Melania
%uerrero), has no visible means to purchase said properties3
&) 1hat the capital gains ta@es for the alleged sales were paid
only in <ecember 1$.(, when it should have been paid within '( days
from the date of the sale ?ational 7nternal +evenue 2ode)3
') 1hat the <eeds of Sale were presented for registration to the
registries concerned only in ?ovember and <ecember, 1$.(3
#) 1hat the antedating of the documents was made possible by
the fact that notary public 1eodoro -. 2ruB, >r. herein petitioner) as late
as March, 1$.1 had not submitted his notarial report together with the
copies of the documents he notariBed for 1$.(.
1he petitionerXs contention that the Auestioned transactions were
already in e@istence before the months of ?ovember and <ecember
1$.(, when they were supposedly falsified, is a matter of defense best
e@amined during the trial rather than in the preliminary hearing on his
motion to dismiss. 1he prosecution should be given ample opportunity
to prove the allegations in the informations at the appropriate time, and
that is the trial itself. 1he proper time to offer it, following the normal
procedure prescribed in +ule 11$, Section ' of the +ules of 2ourt, is
after the prosecution shall have presented its own evidence during the
trial. 1his is in accord with !eople v. 2adabis, 4 where this 2ourt held:
Save where the +ules e@pressly permit the investigation of facts
alleged in a motion to Auash, the general principle is that in the hearing
of such motion only such facts as are alleged in the information, and
those admitted by the fiscal, should be ta8en into account in the
resolution thereof. Matters of defense can not be produced during the
hearing of such motions, e@cept where the rules e@pressly permit, such
as e@tinction of criminal liability, prescription and former jeopardy.
5mphasis supplied).
-ut we do not agree with the ruling of the respondent court that the
motion to Auash should have been filed before the petitioner and his co=
accused were arraigned, conformably to Section 1 of +ule 114 of the
+ules of 2ourt, which provides:
Section 1. 1ime to move to Auash. S *t any time before entering
his plea, the accused may move to Auash the complaint or information.
7t is true that a person who does not move to Auash a complaint or
information until after he has pleaded is deemed to have waived all
objections then available which are grounds of a motion to Auash. .
Dowever, this is subject to e@ception. -y e@press provision of Sec. . of
the same rule, failure to assert certain grounds in a motion to Auash filed
prior to the plea does not operate as a waiver of the right to invo8e them
later. 5ven after arraignment, a motion to dismiss the information may
be filed if it is based on the ground that: a) the information charges no
offense3 b) the trial court has no jurisdiction3 c) the penalty or the
offense has been e@tinguished3 and d) that double jeopardy has
attached. llcd
1he petitioner contends that the prosecution is now estopped from
Auestioning the motion to dismiss, having participated without objection
in the hearing thereof and not having controverted the evidence adduced
by the movant at that time. 1his is untenable. 5stoppel does not lie
against the government because of the supposedly mista8en acts or
omissions of its agents. *s we declared in !eople v. 2astaTeda, $ Rthere
is the long familiar rule that erroneous application and enforcement of
the law by public officers do not bloc8 subseAuent correct application of
the statute and that the government is never estopped by mista8e or error
on the part of its agents.R
7t remains to observe that an order denying a motion to Auash is
interlocutory and therefore not appealable, nor can it be the subject of a
petition for certiorari. Such order may only be reviewed in the ordinary
course of law by an appeal from the judgment after trial. 1he petitioner
should have proceeded with the trial of the case in the court below,
without prejudice to his right, if final judgment is rendered against him,
to raise the same Auestion before the proper appellate court. ,,pr
1he procedure was well defined in *charon v. !urisima, 1( thus:
. . . Moreover, when the motion to Auash filed by *charon to nullify
the criminal cases filed against him was denied by the Municipal 2ourt
of %eneral Santos his remedy was not to file a petition for certiorari but
to go to trial without prejudice on his part to reiterate the special
defenses he had invo8ed in his motion and, if, after trial on the merits, an
adverse decision is rendered, to appeal therefrom in the manner
authoriBed by law. 1his is the procedure that he should have followed as
authoriBed by law and precedents. 7nstead, he too8 the usual step of
filing a writ of certiorari before the 2ourt of Eirst 7nstance which in our
opinion is unwarranted it being contrary to the usual course of law.
Jhere it is clear that the information does not really charge an
offense, the case against the accused must be dropped immediately
instead of subjecting him to the an@iety and inconvenience of a useless
trial. 1he accused is entitled to such consideration. *nd indeed, even the
prosecution will benefit from such a dismissal because it can then file a
corrected information provided the accused had not yet pleaded and
jeopardy has not yet attached. 1here is no point in proceeding under a
defective information that can never be the basis of a valid conviction.
-ut such is not the situation in the case at bar. *s already observed,
the challenged informations are not insufficient on their face and neither
did the evidence presented at the preliminary hearing justify their
dismissal even before the trial had commenced. 7f Rsubstantial justiceR is
to be accorded by this 2ourt, as the petitioner insists, then the step it
must ta8e is to sustain the denial of the motion to dismiss and allow the
criminal cases to follow their normal course. 1hat is what we rule now.
,e@,ib
JD5+5E"+5, the petition is <5?75<. 2riminal 2ases ?os. 4''&,
4''', 4''# and 4''0 are remanded to the +egional 1rial 2ourt of
Ma8ati, -ranch 1#0, for further proceedings. 2osts against the petitioner.
S" "+<5+5<.
?arvasa 2hairman), %ancayco, %riTo=*Auino and Medialdea, >>.,
concur.
S52"?< <7;7S7"?
G%.+. ?o. .4&&'. >uly 1$, 1$$(.H
!5"!,5 "E 1D5 !D7,7!!7?5S, plaintiff=appellee, vs. <*?7,"
%C5;*+* y 2*!7,,*?, accused=appellant.
1he Solicitor %eneral for plaintiff=appellee.
!ublic *ttorneyXs "ffice for accused=appellant.
< 5 2 7 S 7 " ?
+5%*,*<", > p:
*ccused=appellant <anilo %uevarra was charged before the +egional
1rial 2ourt of Manila, -ranch PP, 1 with the violation of !residential
<ecree ?o. 1.//, allegedly committed as follows:
R1hat on or about *pril 1#, 1$.4, in the 2ity of Manila, !hilippines,
the said accused did then and there willfully and unlawfully 8eep,
possess and)or acAuire one 1) revolver 2al. && !alti8) with eight .)
rounds of cal. && live ammunitions without first securing the necessary
permit and)or license therefor from the proper authorities.R &
Cpon arraignment, appellant pleaded not guilty to the crime charged.
1he trial court, however, after an evaluation of the evidence presented,
found the accused guilty as charged and sentenced him to suffer the
penalty of reclusion temporal in its ma@imum period to reclusion
perpetua, with costs de oficio. 1he firearm and ammunition were ordered
confiscated in favor of the %overnment. '
1he prosecutionXs version of the facts of the case is synthesiBed by the
trial court as follows:
R. . . +odrigo Dilario in the statement ta8en by the police alleges that
around /:(( of *pril 1#, 1$.4, he came from his brother %regorio
Dilario at %erona St., 1ondo. Jhile he was going home, the accused
<anilo %uevarra tagged along with him and confronted +odrigo Dilario
with the statement as to whether he was XsigaX, meaning brave. 1hat time,
the accused was holding a firearm. +odrigo Dilario answered the
accused that he was not brave. *t that instant, the accused was
apprehended by !at. +iBalde %ascon and !at. J. +eyes of J!<,
Manila, upon the complaint of +odrigo Dilario, who was threatened by
said accused <anilo %uevarra with a firearm pistol). !at. %ascon
testified that this +odrigo Dilario sought his help regarding the person
with a gun at <andan St., 1ondo, Manila on *pril 1#, 1$.4.
2onseAuently, he arrested the suspect, the accused <anilo %uevarra.
,i8ewise he testified that there was an attempt to settle the case between
accused and complainant +odrigo Dilario. -ut in view of the firearm
ta8en from the accused, already mar8ed as 5@h. < and the live
ammunition 5@h. <, the case was not settled. *s a matter of fact, the
handle of the firearm bears identification mar8 as <2% which stands for
<anilo 2. %uevarra. "n cross=e@amination by *tty. ,iberato 2abaron,
2,*", counsel for accused, the witness maintained that he arrested the
accused <anilo %uevarra upon the complaint of +odrigo Dilario.R #
"n the other hand, the defense narrates a different version: ,ib,e@
R. . . 1he accused testified on direct e@amination by *tty. 2abaron,
2,*", that in the house of +odrigo Dilario, a gambling 8nown as
,uc8y $ was held on *pril 1#, 1$.4 in the evening. 1here were ten
persons who were gambling. 1hereafter, there was trouble. 1hen, a
certain 5ddie got mad because he was chased by a certain Mang <iego
who turned out to be +odrigo Dilario. Mang <iego +odrigo Dilario)
lifted a chair and was about to hit a certain 5ddie who got mad, then this
accused <anilo %uevarra pacified Mang <iego or +odrigo Dilario. 7n
his attempt to pacify +odrigo Dilario, accused <anilo %uevarra was able
to hit +odrigo Dilario and he bo@ed the said +odrigo Dilario and left the
house of +odrigo Dilario. ,ater on, a certain >etjet fetched the accused
telling him that his wife arrived. 1his >etjet was later on identified as
2ornelia 2alilong Dalili. 1hey boarded a tricycle in fetching his wife.
Jhile inside the tricycle, a !atrolman came over and hit him with a gun
at the bac8 of the side car. 1his patrolman turned out to be !at. %ascon
and the accused testified further that he was mauled while being arrested
by !at. %ascon. 1he accused at that moment while being mauled
testified furthermore, that he did not say anything against !at. %ascon.
,ater, on the accused was brought to !recint 7, ?orth -ay, 1ondo. Jhile
inside !recinct 7, J!<, >etjet, alias 2ornelia 2alilong Dalili shouted,
Xwhat is the fault of my companionX, referring to accused <anilo
%uevarra. *t that instant, +odrigo Dilario followed the accused to the
police, !recinct 7. !at. %ascon as8ed accused what case and the accused
told him the Auarrel with Mang <iego or +odrigo Dilario on *pril 10,
1$.4. *ccused further testified that !at. %ascon as8ed !1,(((.(( so that
he can be released. *ccused answered that he has no money, So, the case
was filed on *pril &(, 1$.4. ,i8ewise, the accused testified that !at.
%ascon used to be in the house of +odrigo Dilario, the complainant.
1hat was the reason why accused came to 8now !at. %ascon. "n cross=
e@amination, Eiscal DernandeB was able to elicit from the accused that
accused has no job and during the date of the incident he was only about
one month old in the 2ity of Manila as he came from 7loilo. Dis only job
is gambling or playing ,uc8y $ in the house of +odrigo Dilario.R 0
*ccused=appellant raises the following assignment of errors in this
appeal:
1. 1he court a Auo gravely erred in convincing the accused=appellant
despite the effectivity of 5@ecutive "rder ?o. 1(4 which made the
information fatally defective and void3
&. 1he court a Auo gravely erred in convicting the accused=appellant
when the prosecution failed to prove the alleged absence of license or
permit, assuming but not admitting that the firearm and the ammunition
were in his possession3
'. *ssuming but not admitting that the accused=appellant was in
possession of the firearm and ammunition, the court a Auo gravelyerred
in admitting the same in evidence as these were ta8en in violation of the
constitutional right of the accused=appellant against unreasonable
searches and seiBures3 and
#. 1he court a Auo gravely erred in not finding that the accused=
appellant was a victim of a frame=up. /
*ppellantXs plea for reversal is well=ta8en. *dopting the same view,
the Solicitor %eneral, filing a manifestation and motion in lieu of
appelleeXs brief, recommends that this case filed against appellant in
2riminal 2ase ?o. .4=0#((/ be dismissed as the same is premised on a
void information.
*t the time of the commission of the crime, or on *pril 1#, 1$.4,
5@ecutive "rder ?o. 1(4, dated <ecember &#, 1$./, which gave holders
and possessors of unlicensed firearms and ammunition a period of si@
/) months from its date of effectivity within which to surrender the
same to the proper authorities without incurring criminal liability
therefor, was indeed in legal force and effect. 7n fact, its effectivity was
e@tended to <ecember '1, 1$.4 by 5@ecutive "rder ?o. &&&. Jhile said
e@ecutive orders did not have the effect of legaliBing the unlicensed
possession of firearms and ammunition, they did temporarily lift
criminal liability for such unauthoriBed possession. 4
5@ecutive "rder ?o. 1(4, however, is not without e@ceptions, since it
does not bar prosecution of a person for illegal possession of loose or
unlicensed firearms, ammunition or e@plosives if the same are carried
outside his residence, unless it is for the purpose of surrendering the
same as evidenced by a prior written authority issued by the proper
official to transport the same for said purpose, or if he commits an
offense with the use of said unlicensed firearm, ammunition or
e@plosive. ,,phil
1he pivotal inAuiry, therefore, boils down to these propositions:
*ssuming that appellant was indeed in possession of the firearms and
ammunition, is it necessary for the prosecution, in order to ma8e
appellant liable for the offense, to allege in the information that appellant
either brought the same out of his residence not for the purpose of
surrendering them or that he used them in the commission of another
offenseO 2orollarily, if neither of the e@ceptions were alleged in the
information, may they be proved just the same during the trialO
1he cited case of !eople vs. *suncion, etc., et al., ante, has already
provided the answers to these Aueries in this manner:
R. . . 7n !eople vs. ,opeB 4$ !hil. /0. G1$#4H), the 2ourt already
ruled that, under +epublic *ct ?o. #, the use or the carrying of firearms
and)or ammunition was an ingredient, if not the sole ingredient, of the
offense, i.e., the very acts which were punished, subject to certain
conditions, and hence, should be alleged and proved.
R7n !eople vs. *ustria $# !hil. .$4 G1$0'H), the 2ourt also ruled that
in order that an information charging illegal possession of firearm and
ammunition, under +epublic *ct ?o. #.&, may be deemed sufficient, it
must allege that the accused was using the unlicensed firearm or
carrying it in his person at the time he was apprehended by the
authorities with said firearm. . . .R 2itations in parentheses added).
7t bears noting that the laws referred to in the above=mentioned cases,
+epublic *cts ?os. # and #.&, li8ewise provided as e@ceptions wherein
criminal liability would attach 1) the use of a firearm or ammunition or
&) the carrying thereof by the person e@cept for the purpose of
surrendering the same.
Jith regard to the corollary Auestion, the *suncion case disposed of
this by reiterating the rule that the presentation of evidence cannot have
the effect of validating a void information, or proving an offense which
does not legally e@ist. Jhere, as in this case, the information is not
merely defective, but it does not charge any offense at all, technically
spea8ing, that information does not e@ist in contemplation of law.
"n the foregoing considerations, we no longer find it necessary to
rule upon the other errors assigned by appellant.
JD5+5E"+5, the judgment appealed from is hereby +5;5+S5<
and S51 *S7<5, without prejudice to the filing of the proper
information in this case. ,et a copy of this decision be furnished the
Donorable Secretary of >ustice for his information and appropriate
action.
S" "+<5+5<.
Melencio=Derrera 2hairman), !aras, !adilla and Sarmiento, >>.,
concur.
S52"?< <7;7S7"?
G%.+. ?os. ,=#0'4/=44. >uly &/, 1$...H
1D5 !5"!,5 "E 1D5 !D7,7!!7?5S, petitioner, vs. D"?.
+"<",E" -. *,-*?", in his capacity as >udge of 2ircuit 2riminal
2ourt, 1/th >udicial <istrict, <avao 2ity and 2ity Mayor *?1"?7" 2.
*2D*+"? K +"S*,7?* -5+?*-5, respondents.
+omerico !. ;encer for respondent Mayor *ntonio 2. *charon.
< 5 2 7 S 7 " ?
!*<7,,*, > p:
!etition for certiorari see8ing to annul and set aside the order of the
2ircuit 2riminal 2ourt, 1/th >udicial <istrict, <avao 2ity, dated &(
<ecember 1$4/, in 2riminal 2ase ?o. 222=P;7=1=%S2 &0/) and
2riminal 2ase ?o. 222=P;7=&=%S2 &0/), which denied !etitionerXs
Motion for +econsideration of a previous order, dated &. "ctober 1$4/,
resolving that the informations filed therein are Rinvalid ab initioR and
conseAuently dismissing said criminal cases.
"n 11 >une 1$41, an information was filed in the 2ourt of Eirst
7nstance of South 2otabato, -ranch 7, %eneral Santos 2ity, doc8eted as
2riminal 2ase ?o. &00, charging 2ity Mayor *ntonio 2. *charon for
violation of !aragraphs e) and f), Section ' of +epublic *ct '(1$,
otherwise 8nown as the *nti=%raft and 2orrupt !ractices *ct. 1he
information reads as follows:
R1hat for the period from >anuary to <ecember 1$/., in the 2ity of
%eneral Santos, !hilippines and within the jurisdiction of this Donorable
2ourt, said accused being then the incumbent Municipal Mayor of
%eneral Santos, South 2otabato, and thereafter from >uly ., 1$/. to the
present is the 2ity Mayor of the 2ity of %eneral Santos, !hilippines, and
being the public officer charged with the grant of license or permit to
operate coc8pits in the said 2ity formerly a Municipality), did then and
there willfully, unlawfully and feloniously, deny the application for
renewal of one 5M7,7" 5;*?%5,7S1* for license or permit to operate
his coc8pit situated at ,abangala, now 2ity of %eneral Santos,
!hilippines, and issuing instead S in the same year 1$/. S a license
and permit to operate, as in fact said accused did issue a license or
permit to ,C7S *2D*+"?, his uncle relative within the third civil
degree) to operate a new coc8pit about &0( meters away from the
coc8pit of 5milio 5vangelista and inspite of the order of the 2E7 in 2ivil
2ase ?o. .#(, entitled RM*?<*MCSR in which 5milio 5vangelista is
the !etitioner, directing the then Municipal Mayor to accept and give
due course to the application of petitioner 5milio 5vangelista for a
license or permit to operate his coc8pit3 the said accused failed and
refused to accept and give due course to said application for a license or
permit, thereby causing injury to said applicant and gave his uncle, ,C7S
*2D*+"?, an unwarranted benefit, advantage or preference in
connection with which 2ity Mayor under Section 1( of +epublic *ct
0#1&, 8nown as the 2ity 2harter of %eneral Santos 2ity, has the sole
charged sic) of issuing license or permits, giving his relative within the
third civil degree preference in the discharge of his official functions
thru his manifest partiality, evident bad faith or gross ine@cusable
negligence and or he has neglected or refused after due demand or
reAuest of 5milio 5vangelista for the renewal of his permit to operate his
coc8pit without any sufficient justification, thus, giving directly or
indirectly his own uncle, ,C7S *2D*+"?, benefit or advantage or has
discriminated on 5milio 5vangelista in the performance of his official
duties.
2"?1+*+I 1" !*+*%+*!DS e) and f) of Section ', +epublic
*ct ?o. '(1$, . . .R 1
"n the same day, another information was filed in the same court,
doc8eted as 2riminal 2ase ?o. &0/ charging 2ity Mayor *ntonio 2.
*charon and then 2ity ;ice=Mayor +osalina -ernabe of violating
Section ', in relation to Section 1, of +epublic *ct '(1$. Said
information reads as follows:
R1hat for the period >uly to <ecember, 1$/$, in the 2ity of %eneral
Santos, !hilippines and within the jurisdiction of this Donorable 2ourt,
said accused, being the incumbent 2ity Mayor and 2ity ;ice Mayor,
respectively, of %eneral Santos 2ity, !hilippines, ta8ing advantage of
their positions as 2ity Mayor and 2ity ;ice Mayor, which positions and
offices are public trust, conspiring, confederating together and mutually
assisting one another, did then and there willfully, unlawfully and
feloniously, use the names of '&4 employees of the city government of
%eneral Santos 2ity, fraudulently procure and purchase 1,/'0 sac8s of
rice in bul8 with the +egional "ffice of the +ice K 2orn *dministration,
+egion ?o. P777, stationed at %eneral Santos 2ity, by using their own
money and after obtaining said 1,/'0 sac8s of +2* rice at a price very
much lower than the prevailing price in the open mar8et for the same
Auality of rice, dispose the same illegally to persons other than the said
'&4 employees of the city government in violation of paragraph a), e),
h) and 1) of Section ', in relation to Section 1 of +epublic *ct '(1$,
the accused 2ity ;ice Mayor +osalina -ernabe persuading, inducing or
influencing accused 2ity Mayor *ntonio 2. *charon to ma8e a
fraudulent official procurement of rice from the +2* and accused 2ity
Mayor *ntonio 2. *charon allowed himself to be so persuaded, induced
or influenced to ma8e said fraudulent official procurement and, as a
result the accused 2ity Mayor has caused injury to the government by
the fraudulent official procurement of rice from the +2* and has given
accused 2ity Mayor an unwarranted benefit and advantage thru said
fraudulent official procurement of rice from the +2*3 the Mayor being
an officer charged with the grant of concession, namely, the official
procurement of rice for city employees without whose intervention no
such rice in bul8 can be obtained e@cept from +2* accredited retailers
by the gantas, and)or both accused, directly or indirectly, had financial or
pecuniary interest in the fraudulent procurement of rice from the +2* in
connection with which the said accused intervened in their official
capacities, the accused 2ity ;ice Mayor having used her own money in
paying the low price of said rice and, thereafter, illegally disposing of
the same and accused 2ity Mayor 8nowingly approved or granted the
privilege or benefit in favor of the accused 2ity ;ice Mayor who was
not Aualified or legally entitled from procuring said rice in bul8 from
said agency, the official reAuest being a privilege or a benefit. llcd
2"?1+*+I to Section ', in relation to Section 1, +epublic *ct ?o.
'(1$. . . .R &
1he prosecution then filed an Crgent Motion for the issuance of an
order suspending the accused from office. 1he accused +osalina
-ernabe filed a Motion to <ismiss in 2riminal 2ase ?o. &0/. 1he trial
court thereupon issued a Rshow causeR order in both criminal cases,
directing the accused to show the invalidity of the informations filed
against them.
-efore the pre=suspension hearings in the two &) cases could be held,
the accused were arraigned, both pleading not guilty. ,i8ewise, pursuant
to a resolution of this 2ourt, both cases were transferred to the 2ircuit
2riminal 2ourt, /th >udicial <istrict, <avao 2ity hereinafter referred to
as the trial court) for trial and disposition. 2riminal 2ase ?o. &00 and
2riminal 2ase ?o. &0/ were re=doc8eted as 2riminal 2ase ?o. 222=
P;7=1=%S2 &00) and 2riminal 2ase ?o. 222=P;7=&=%S2 &0/),
respectively.
"n '( "ctober 1$4&, the cases were set for trial. Dowever, at the
instance of the *cting <istrict State !rosecutor, and on the latterXs
manifestation that a petition for reinvestigation had been filed with his
office by accused *charon, and that the granting of the same was still
pending determination, trial was postponed. ,i8ewise, the presiding
judge who was hearing the cases was subseAuently appointed to another
court: hence, the trial of the cases was further delayed until herein
respondent judge, Don. +odolfo -. *lbano was appointed in <ecember
1$40 presiding judge of the trial court.
7n September 1$4/, the cases were again set for hearing. "n the date
of hearing, # "ctober 1$4/, accused *charon filed a Motion to hear the
validity of the informations filed against him.
7n said hearing, the contending parties in both cases agreed to submit
the Auestion of the validity or invalidity of the two &) informations on
the basis of the records of each case. *nd with such submission, the trial
court subseAuently issued an "rder, dated &. "ctober 1$4/, deciding the
cases on the merits by ma8ing findings of fact based on its assessment of
the records of the antecedent proceedings had in the cases, ta8ing into
consideration matters of defense of the accused, resolving that the
informations in both cases are Rinvalid ab initioR and conseAuently
dismissing said cases. 1he prosecution moved for reconsideration3
however, on &( <ecember 1$4/, the trial court issued its "rder denying
the same.
Dence this petition by the prosecution.
-asically, petitioner challenges the manner in which the trial court
arrived at its conclusion that the informations filed in both cases are
invalid. !etitioner assigns as reversible errors the following:
R1. 1D5 D"?"+*-,5 +5S!"?<5?1 2"C+1 5++5< 7?
E7?<7?% 1D*1 1D5 *21S E"+ JD72D -"1D *22CS5< *+5
2D*+%5< <" ?"1 2"?S171C15 ;7",*17"?S "E 1D5 *?17=
%+*E1 *?< 2"++C!1 !+*21725S *21 +.*. ?o. '(1$) -I
1*67?% 7?1" 2"?S7<5+*17"? M*115+S ?"1 *,,5%5< 7?
1D5 7?E"+M*17"?S.
R&. 1D5 D"?"+*-,5 +5S!"?<5?1 2"C+1 5++5< 7?
<527<7?% 1D5 2*S5 "? 1D5 M5+71S J71D"C1 1+7*,3
2"?S5FC5?1,I, 1D5 "+<5+S "E <7SM7SS*, 7S ?C,, *?<
;"7< *- 7?717" E"+ J*?1 "E <C5 !+"25SS.R '
1his assignment of errors raises in turn the following issues:
1. whether in a pre=suspension proceeding to determine the validity
or invalidity of an information filed under the *nti=%raft and 2orrupt
!ractices *ct, a court may consider matters not alleged in the
information under consideration. ,e@,ib
&. whether a court may, without a trial proper, decide a case on the
merits by ma8ing findings of fact after an assessment of the evidence on
the record, ta8ing into consideration matters of defense of the accused,
and, on the basis thereof, dismiss the same.
Section 1' of +ep. *ct '(1$ provides that:
R. . . *ny public officer against whom any criminal prosecution under
a valid information under this *ct or under the provisions of the +evised
!enal 2ode on bribery is pending in court, shall be suspended. Should he
be convicted by final judgment, he shall lose all retirement or gratuity
benefits under any law, but if he is acAuitted, he shall be entitled to
reinstatement and to the salaries and benefits which he failed to receive
during suspension, unless in the meantime administrative proceedings
have been filed against him.R
1he 2ourt has previously ruled that, under Sec. 1', +ep. *ct '(1$,
suspension of a public officer is mandatory. # Dowever, suspension
cannot be automatic, the reason being that Ra hearing on the validity of
the information appears conformable to the spirit of the law, ta8ing into
account the serious and far reaching conseAuences of a suspension of an
elective public official even before his conviction and that public interest
demands a speedy determination of the issues involved in the) cases.R 0
1hus, before a suspension order can be issued, a hearing on the issue of
the validity of the information must first be had. 1his pre=suspension
hearing is conducted to determine basically the validity of the
information, from which the court can have a basis to either suspend the
accused, and proceed with the trial on the merits of the case, or withhold
the suspension of the latter and dismiss the case, or correct any part of
the proceeding which impairs its validity.
*s the 2ourt held:
R. . . ?o specific rules need be laid down for such pre=suspension
hearing. Suffice it to state that the accused should be given a fair and
adeAuate opportunity to challenge the ;*,7<71I "E 1D5 2+7M7?*,
!+"255<7?%S against him, e.g. that he has not been afforded the right
of due preliminary investigation3 that the acts for which he stands
charged do not constitute a violation of the provisions of +epublic *ct
'(1$ or the bribery provisions of the +evised !enal 2ode which would
warrant his mandatory suspension from office under section 1' of the
*ct3 or he may present a motion to Auash the information on any of the
grounds provided for in +ule 114 of the +ules of 2ourt . . . .R /
7t should be stressed that the right to challenge the validity of the
information, in prosecutions under the anti=graft law, is not limited to the
right to challenge the completeness or sufficiency of the recitals in the
information vis=a=vis the essential elements of the offense as defined by
substantive law. 2onsidering the serious and far=reaching conseAuences
of a suspension of a public official even before his conviction, the right
to challenge the validity of an information entitles the accused to
challenge the validity of the 2+7M7?*, !+"255<7?%S leading to the
filing of the information against him.
Dowever, this right of the accused does not divest the prosecution of
its right to prove the guilt of the accused in a trial on the merits, nor
should the pre=suspension hearing substitute the trial proper.
1hus, in a pre=suspension proceeding, the accused is accorded the
right to prove that the information filed against him was filed without
prior and due preliminary investigation to which he is entitled under the
law. 4 1his is to protect him from hasty, malicious and oppressive
prosecution. cdphil
,i8ewise, he is accorded the right to challenge the propriety of his
prosecution on the ground that the acts for which he is charged do not
constitute a violation of +ep. *ct '(1$, or of the provisions on bribery of
the +evised !enal 2ode, and the right to present a motion to Auash the
information on any of the grounds provided in +ule 114 of the +ules of
2ourt.
Dowever, a challenge to the validity of the criminal proceedings on
the ground that the acts for which the accused is charged do not
constitute a violation of the provisions of +ep. *ct '(1$, or of the
provisions on bribery of the +evised !enal 2ode, should be treated only
in the same manner as a challenge to the criminal proceeding by way of
a motion to Auash on the ground provided in !aragraph a), Section & of
+ule 114 of the +ules of 2ourt, i.e., that the facts charged do not
constitute an offense. 7n other words, a resolution of the challenge to the
validity of the criminal proceeding, on such ground, should be limited to
an inAuiry whether the facts alleged in the information, if hypothetically
admitted, constitute the elements of an offense punishable under +ep.
*ct '(1$ or the provisions on bribery of the +evised !enal 2ode.
!rivate respondent -ernabe objects to this procedure, contending that:
R. . . 1his would render nugatory the purpose of the pre=suspension
hearing. 2onsidering the harshness of suspension from office, an
accused should be allowed to present evidence in his behalf to refute the
allegations in the information. "therwise, any public officer can be
suspended from the office on the basis of an information complete and
regular upon its face but which may have been based on false, malicious
and unfounded imputation by unscrupulous persons. . . .R .
2ontrary to private respondentXs contention, the right to be secured
against false, malicious and unfounded imputations is already covered
by the right to a due preliminary investigation granted to the accused.
1he law does not reAuire that the guilt of the accused must be
established in a pre=suspension proceeding before the trial on the merits
proceeds. ?or does it prohibit the trial, and thus the suspension, of the
innocent. 1he law permits the trial of the accused based merely on
probable cause, as long as probable cause has been properly determined.
*nd for honest lapses in its administration, the law provides for remedial
measures upon which am innocent public officer is vindicated and
compensated. *s the law provides:
R. . . Should he Gthe accusedH be convicted by final judgment, he shall
lose all retirement or gratuity benefits under the law, but 7E D5 7S
*2FC7115<, D5 SD*,, -5 5?171,5< 1" +57?S1*15M5?1
*?< 1" 1D5 S*,*+75S *?< -5?5E71S JD72D D5 E*7,5< 1"
+5257;5 <C+7?% 1D5 SCS!5?S7"?, unless in the meantime
administrative proceedings have been filed against him.R $ 7talics
supplied)
2onsidering the mandatory suspension of the accused under a valid
information, the law does not contemplate a proceeding to determine 1)
the strength of the evidence of culpability against him, &) the gravity of
the offense charged, or ') whether or not his continuance in office could
influence the witnesses or pose a threat to the safety and integrity of the
records and other evidence, so that a court can have a valid basis in
evaluating the advisability of his suspension pending the trial proper of
the case filed against him. 1( -esides, a reAuirement that the guilt of the
accused must first be established in the pre=suspension proceeding
before trial proper can proceed would negate the ruling of the 2ourt that
the R. . . mandatory suspension .. reAuires at the same time that the
hearing be e@peditious, and not unduly protracted such as to thwart the
prompt suspension envisioned by the *ctR 11 and ma8e the trial proper a
surplusage.
7n the case at bar, respondent *ntonio *charon does not claim that he
was denied his right to due preliminary investigation. !rivate respondent
-ernabe filed a motion to dismiss dated 1. >une 1$41, on the ground
that the facts alleged in the information against her do not constitute an
offense. Eurther, respondent *ntonio *charon filed a motion, dated #
"ctober 1$4/, praying that a pre=suspension hearing of the cases be held
to determine the validity of the informations against him, but he did not
specify any ground upon which he challenged the validity of the same.
cdrep
7n any event, when the contending parties in both cases agreed to
submit the Auestion of the validity of the informations on the basis of the
records of the cases, among others, 1& to determine whether accused
*charon can be mandatorily suspended, the trial court was competent to
inAuire only whether or not 1) accused *charon had been afforded due
preliminary investigation prior to the filing of the informations against
him, &) the acts for which he was charged constitute a violation of the
provisions of +ep. *ct '(1$ or of the provisions on bribery of the
+evised !enal 2ode, or ') the informations against him can be Auashed,
under any of the grounds provided in Section &, +ule 114 of the +ules of
2ourt, not deemed waived in view of the previous arraignment of the
accused. 1'
2onseAuently, the submission by the parties of the issue of invalidity
of the informations on the basis of the records of the case ma8es said
records, in addition to facts admitted by the prosecution and indubitable
facts contained therein, only a legal source from which the trial court can
inAuire whether accused *charon was afforded due preliminary
investigation before the informations were filed against him.
,i8ewise, in determining whether the acts for which respondent
*ntonio *charon was charged do not constitute a violation of the
provisions of +ep. *ct '(1$ or of the provisions on bribery of the
+evised !enal 2ode, the trial court should have limited its inAuiry to 1)
the averments in the informations, as hypothetically admitted, &) facts
admitted by the prosecution, and ') indubitable facts.
1o traverse the allegations contained in the information, and conclude
that Rno law had been violated by the accused,R 1# merely on the basis
of the records of the case which contain evidence submitted by the
prosecution in the preliminary investigation, pre=emptively denies the
prosecution its right to e@haustively present its evidence against the
accused at the trial proper.
2onsidering that the law does not reAuire the conviction of the
accused in the pre=suspension proceeding but only the determination of
the validity of the criminal proceeding leading to the filing of the
information, and given the ability of the latter to overcome a motion to
Auash, the prosecution should not be faulted if what it presents as
evidence in the pre=suspension proceedings does not satisfy a finding of
guilt beyond reasonable doubt of the accused.
1he records of the instant case do not show that the proceedings
leading to the filing of the informations against the accused were tainted
with any irregularity so as to invalidate the same. ,i8ewise, a reading of
the informations shows that the allegations contained therein meet the
essential elements of offense as defined by substantive law. 10 1he
record is also bereft of undisputed facts to warrant the Auashal of the
informations under any of the grounds provided in Section &, +ule 114
of the +ules of 2ourt.
1he trial court e@ceeded its jurisdiction when it practically held that
the prosecution failed to establish the culpability of the accused in a
proceeding which does not even reAuire the prosecution to do so. 7t acted
with grave abuse of discretion, tantamount to lac8 of jurisdiction, when
it pre=emptively dismissed the cases and, as a conseAuence thereof,
deprived the prosecution of its right to prosecute and prove its case,
thereby violating its fundamental right to due process. 1/ Jith this
violation, its "rders, dated &. "ctober 1$4/ and &( <ecember 1$4/, are
therefore null and void. 14 ,i8ewise, for being null and void, said orders
cannot constitute a proper basis for a claim of double jeopardy. 1. *s
held by the 2ourt:
R. . . to raise the defense of double jeopardy, three reAuisites must be
present: 1) a first jeopardy must have attached prior to the second3 &)
the first jeopardy must have been validly terminated3 and ') the second
jeopardy must be for the same offense as that in the first. ,,pr
,egal jeopardy attaches only a) upon a valid indictment, b) before a
competent court, c) after arraignment, d) a valid plea having been
entered3 and e) the case was dismissed or otherwise terminated without
the e@press consent of the accused !eople vs. Ilagan, 0. !hil. .01).
1he lower court was not competent as it was ousted of its jurisdiction
when it violated the right of the prosecution to due process.
7n effect, the first jeopardy was never terminated, and the remand of
the criminal case for further hearing and)or trial before the lower courts
amounts merely to a continuation of the first jeopardy, and does not
e@pose the accused to a second jeopardy.R 1$
JD5+5E"+5, petition is %+*?15<. 1he challenged orders of the
trial court are hereby declared ?C,, and ;"7<. 2riminal 2ase ?o.
222=P;7=1=%S2 &00) and 2riminal 2ase ?o. 222=P;7=&=%S2 &0/)
are remanded to the trial court for further proceedings in accordance
with law. ?o costs.
S" "+<5+5<.
Melencio=Derrera 2hairman), !aras and Sarmiento, >>., concur.
5? -*?2
G%.+. ?o. .((//. May &#, 1$...H
1D5 !5"!,5 "E 1D5 !D7,7!!7?5S, petitioner, vs. D"?.
M*P7M7*?" *SC?27"?, as !residing >udge, -ranch 1(#, +egional
1rial 2ourt, ?ational 2apital >udicial +egion, FueBon 2ity, and
+",*?<" *-*<7,,*, respondents.
1he Solicitor %eneral for petitioner.
;icente %. 5ricta for respondents.
< 5 2 7 S 7 " ?
!*<7,,*, > p:
!etition for review on certiorari of the +esolution issued by the
respondent >udge on 1 September 1$.4, which dismissed the
7nformation filed in 2riminal 2ase ?o. F=0''.& of the +egional 1rial
2ourt, ?2>+, FueBon 2ity, entitled: R!eople of the !hilippines, plaintiff,
versus +olando *badilla, accused,R for ;iolation of !res. <ecree ?o.
1.// 7llegal !ossession of Eirearms and *mmunition), and the "rder
issued on &0 September 1$.4, which denied petitionerXs motion for
reconsideration of said +esolution.
"n '( >uly 1$.4, +olando *badilla, a former colonel of the *rmed
Eorces of the !hilippines, was charged before the +egional 1rial 2ourt,
?2>+, FueBon 2ity, with the offense of ;iolation of !res. <ecree ?o.
1.// G7llegal !ossession of Eirearms and *mmunition) in an
7nformation, doc8eted therein as 2riminal 2ase ?o. F=0''.&, which
reads as follows:
R1he undersigned *ssistant 2ity Eiscal accuses +",*?<"
*-*<7,,* of the crime of ;iolation of !residential <ecree ?o. 1.//,
committed as follows:
R1hat on about &4th day of >uly 1$.4, in FueBon 2ity, !hilippines,
and within the jurisdiction of this Donorable 2ourt, the above=named
accused, without any authority of law, did then and there, wilfully,
unlawfully and feloniously have in his possession and under his custody
and control the following:
Ra.Sterling *ssault +ifle, SM% $mm, M60, ,'#*1, ?o. 1(&# S?=
<efaced
b. *rmalite +ifle, M1/ S?=+!1'4$1&
c. 2arbine, 2al. '( M&, S?=1(0&$'4
d. 2al '04 +evolver, Smith K Jesson S?=1.460.$
e. 2al #0, !istol, 2olt, S?"=4(%&/'(1
f. *mmunitions and magaBines described as follows:
1. 1wo thousand pcs. &,((() of 2al. 0.0/ mm ammos3
&. Seventy=four 4#) rds of 2al. 0( ammos3
'. 1hirty '() rds of 2al. $mm ammos3
#. 1wenty=eight &.) rds of 2al. '( ammos3
0. Eive 0) rds of &( gauge ammos3
/. 1wo hundred=ninety &$() pcs of spent shells for Magnum ## and
'. Special3
4. "ne hundred si@ty=si@ 1//) slugs for Magnum ##3
.. "ne 1) pc magaBine for Sterling +ifle long)3
$. "ne 1) pc magaBine for M1/ rifle long)3 and
1(. "ne 1)pc magaBine for 2arbine rifle long).
without first securing the necessary license and)or permit from the
lawful authority.R 1
Cpon motion of the accused, the respondent judge, as aforestated, in a
+esolution dated 1 September 1$.4, dismissed the 7nformation on the
ground that it did not allege sufficient facts to constitute an offense,
since the possession of loose firearms and e@plosives is not illegal per
se, in view of 5@ecutive "rder ?o. 1(4 which gives holders or
possessors of unlicensed firearms and ammunition a period of si@ /)
months from its effectivity, e@tended to '1 <ecember 1$.4 by 5@ecutive
"rder ?o. &&&, within which to surrender the same to the proper
authorities, without incurring any criminal liability therefor, e@cept if the
unlicensed firearm or ammunition is carried outside of oneXs residence,
not for the purpose of surrendering the same, or used in the commission
of any other offense, and there is no allegation in said 7nformation that
the firearms and ammunition enumerated therein were carried outside
the accusedXs residence or used in the commission of some other crime.
7n support thereof, the respondent judge cited the decision in !eople vs.
,opeB, 4$ !hil. /0.. &
1he prosecution filed a motion for reconsideration of said +esolution,
but the motion was denied in an "rder dated &0 September 1$.4. '
Dence, the present recourse by the prosecution.
1. 1he petitioner claims that the respondent judge erred in holding
that the possession of loose firearms and e@plosives is not illegal per se
during the period covered by 5@ecutive "rders ?os. 1(4 and &&&. 1he
petitioner argues that nothing is contained in said e@ecutive orders which
legaliBes the possession of firearms and ammunition without a permit3
that said e@ecutive orders merely authoriBed holders or possessors of
unlicensed firearms and ammunition to surrender the same within a
specified period without incurring criminal liability3 and that illegal
possession of firearms and ammunition is still penaliBed under !res.
<ecree ?o. 1.// which was not repealed by said 5@ecutive "rder ?os.
1(4 and &&&.
7t may be true that there is nothing in 5@ecutive "rders ?os. 1(4 and
&&& that e@pressly legaliBes the unlicensed possession of firearms and
ammunition, but this 2ourt, applying statutes # similar to the e@ecutive
orders in Auestion, and which also provided for a period within which a
holder or possessor of unlicensed firearms and ammunition may
surrender the same to the proper authorities without incurring criminal
liability, had ruled that a criminal liability was temporarily lifted for
mere possession of unlicensed firearms and ammunition during the
period covered, although such person is not e@empt from criminal
liability if, within the period provided, he carries the firearm and
ammunition unless it is for the purpose of surrendering the same) or he
commits any other offense with the use of such unlicensed firearm and
ammunition. 1hus, in !eople vs. ,opeB, 0 the 2ourt said:
RSection 1 of +epublic *ct ?o. #, which is the last enactment on the
subject, ma8es it unlawful to manufacture, dispose, sell, acAuire,
possess, etc. firearms and ammunition. Dowever, this provision was
Aualified by section & which is as follows:
XS52. &. 1he provisions of the foregoing section to the contrary
notwithstanding, any person in possession of any of the prohibited
articles therein mentioned, may, without incurring any criminal liability,
surrender the same to such officer and within such period of time as the
!resident shall by proclamation designate and fi@ immediately upon the
approval of this *ct: !rovided, however, 1hat this section shall not be
interpreted to mean as in any way e@empting from such liability any
person, without the reAuisite license, found, within the aforementioned
period of time, ma8ing use of any of said articles, e@cept in self=defense,
or carrying them on his person e@cept for the purpose of surrendering
them as herein reAuired: !rovided, further, 1hat this section shall not in
any way affect any case pending in court, on the date of the passage of
this *ct, for violation of section twenty=si@ hundred and ninety=two of
the +evised *dministrative 2ode3 and !rovided, lastly, 1hat the
!resident may authoriBe any officer or agency of the %overnment to
issue to the persons surrendering their firearms temporary licenses
therefor for period not e@ceeding three months at a time.X
R7n pursuance of this provision the !resident issued !roclamation ?o.
1, dated >uly &(, 1$#/, fi@ing *ugust '1, 1$#/, as the last day, in the
provinces of ,uBon on which to surrender articles described in section 1
without incurring criminal liability.
R7t will be seen that section & e@cluded from the operation of section 1
up to *ugust '1, 1$#/, possession of firearms and ammunition so long
as they were not used for any purpose other than self=defense or carried
for any purpose other than of surrendering them to the proper
authorities. 1he %overnment does not dispute this interpretation.
*lthough the law does not categorically state that criminal liability was
temporarily lifted for mere possession of firearms and ammunition, that
is the only construction compatible with the spirit and purposes of the
enactment as revealed by its conte@t.R
Moreover, in !eople vs. Eeliciano, / the 2ourt ruled that +epublic *ct
?o. #.& legaliBed mere unlicensed possession of firearms and
ammunition for the limited period specified in said law, and punished
only 1) the use of unlicensed firearm or ammunition, or &) the carrying
of such firearm or ammunition on the person, e@cept to surrender them.
1he 2ourt said:
R7n the early morning of >une 1(, 1$0(, 2onstabulary Sergeant
+oman *rao conducted a search in the house of Erancisco Mamba
located in the poblacion of 1uao, 2agayan, in the course of which be
found under the pillow of the appellant a revolver, caliber .#0, with three
rounds of ammunition. 7t is not necessary to ta8e up appellantXs
argument that there is absolutely no proof that he had no permit or
license to possess the articles in Auestion, because the other contention
that the appellant is not liable in view of +epublic *ct ?o. #.&, is
correct. 1his *ct, in section 1, provides that an unlicensed holder or
possessor of any firearm or ammunition may, without incurring criminal
liability, surrender the same within the period of one year from the date
the *ct too8 effect >une 1(, 1$0(), but that such unlicensed holder or
possessor is not e@empted if found within said period ma8ing use of the
firearm and ammunition or carrying them on his person e@cept for
purposes of surrender. 1he statute, in effect, legaliBing mere unlicensed
possession for a limited period, punishes only 1) using a firearm or
ammunition or &) carrying the same on the person e@cept to give them
up. 1he appellant was not charged with any of these two acts.R
1his ruling was reiterated in !eople vs. 1abunares, 4 wherein the
2ourt said:
R7n the very recent case of !eople vs. Eeliciano supra, p. /..) we
ruled that +epublic *ct ?o. #.&, approved on >une 1(, 1$0(, in effect
legaliBed mere unlicensed possession within one year from said date,
and punished only 1) the use of a firearm or ammunition or &) the
carriage thereof on the person e@cept for purpose of surrender.
*ppellantXs conviction cannot stand, since it is rested solely on
unlicensed possession on or about ?ovember /, 1$0(.R
5@ecutive "rder ?o. 1(4, as amended by 5@ecutive "rder ?o. &&&, is
similar to +epublic *cts ?os. # and #.&. Je are not prepared, nor are we
justified, to give it a different meaning because there is no basis for such
a difference.
&. 1he petitioner claims that it was not necessary for the prosecution
to allege in the information that the firearms and ammunition, subject
matter of this case, were brought out of the residence of the accused or
were used by him in the commission or another offense, since these
circumstances are not essential ingredients of the crime of illegal
possession of firearms and ammunition.
1he contention is without merit. 7n !eople vs. ,opeB, . the 2ourt
already ruled that, under +epublic *ct ?o. #, the use or the carrying of
firearms and)or ammunition was an ingredient, if not the sole ingredient,
of the offense3 i.e. the very acts which were punished, subject to certain
conditions, and hence, should be alleged and proved.
7n !eople vs. *ustria, $ the 2ourt also ruled that in order that an
information charging illegal possession of firearm and ammunition,
under +epublic *ct ?o. #.&, may be deemed sufficient, it must allege
that the accused was using the unlicensed firearm or carrying it in his
person at the time he was apprehended by the authorities with said
firearm. Said the 2ourt.
R7t should be noted that the court dismissed the first case for illegal
possession of firearm upon the sole ground that the information did not
contain facts sufficient to constitute an offense. -ear in mind that
information was filed in connection with +epublic *ct ?o. #.& which
e@empts from criminal liability persons found in possession of
unlicensed firearms unless the firearm is used or carried in his person by
the possessor. *nd we already held in a recent case that in order that an
information under that *ct may be deemed sufficient it must allege that
the accused was using the unlicensed firearm or carrying it in his person
at the time he was caught by the authorities with the unlicensed weapon
!eople vs. Santos ,opeB y >acinto, %.+. ?o. ,=1/(', ?ovember &$,
1$#4, 4$ !hil. /0.). *nd these essential allegations not having been
averred in the information, the court rightly dismissed the case on the
ground that the information did not allege facts sufficient to constitute an
offense.R
1he cases of C.S. vs. 2han 1oco, 1( !eople vs. 2adabis, 11 and
!eople vs. San >uan 1& cannot be successfully invo8ed by the petitioner.
1he law involved in the case at bar is not of the same class of laws
involved in said cases which referred to violation of the "pium ,aw and
the 5lection 2ode. 7n !eople vs. ,opeB, 1' the 2ourt said: ,,jur
R2ourts and te@t writers are not in e@act agreement on when the
prosecution must negative the e@ceptions in a penal law3 that is, when Xit
is necessary to state in the indictment that the defendant does not come
within the e@ceptions, or to negative the provisos it contains.X 7n C.S. vs.
2han 1oco 1& !hil. &/&), the 2ourt discussed this Auestion and
pertinent authorities at length. 7t reached the conclusion, in prosecution
for smo8ing opium, that Xwhere one is charged with a violation of the
general provisions of the "pium ,aw, it is Rmore logical as well as more
practical and convenient,R if he did in fact smo8e opium under the
advice of a physician, that he should set up this fact by way of defense,
than that the prosecution should be called upon to prove that every
smo8er, charged with a violation of the law, does so without such advice
or prescription.X
RDowever, that point is not here. 1he law involved in the case at bar is
not of the class of laws referred to in the foregoing decision. 1he matters
which the information now before us has failed to allege were not
e@ceptions to a provision defining an offense. 1hey were not such
e@ceptions as under the C.S. vs. 2han 1oco doctrine should have been
averred or proved as a defense. Cnder +epublic *ct ?o. #, the use or the
carrying of firearms and)or ammunition was an ingredient, if it was not
the sole ingredient, of the offense, the very acts which were punished
subject to certain conditions. 7t has been seen that mere possession or
custody of any of the articles specified in the act within the time
designated in the proclamation, was not illegal unless the possessor
made use of them or carried them on his person. Jhat the accused could
have been obliged to allege and prove, if he had been prosecuted for
using or carrying on his person a firearm, was that he defended himself
with the arm or was on his way to give it up, as the case might be.R
'. Einally, the petitioner contends that under the allegation in the
information Rthat the accused without any authority of law, did then and
there wilfully, unlawfully and feloniously have in his possession and
under his custody and control the firearms and ammunition enumerated
therein,R the prosecution may prove that the accused carried the firearms
and ammunition outside of his residence. cdll
1he contention is without merit. *s the 2ourt had stated in !eople vs.
*ustria, 1# the presentation of evidence Rcannot have the effect of
validating a void information, or proving an offense which does not
legally e@ist. . . . 1he information was not merely defective but it does
not charge any offense at all. 1echnically spea8ing, that information does
not e@ist in contemplation of law.R
1he 2ourt is not unaware that accused=respondent *badilla, rightly or
wrongly, is identified with the violent arm of the past regime. 1o many,
he is regarded with unusual ease and facility as the Rhit manR of that
regime. 1he 2ourt, however, is not swayed by appellations or
opprobriums. 7ts duty, as a temple of justice, is to accord to every man
who comes before it in appropriate proceedings the right to due process
and the eAual protection of the laws.
1he information, in this particular charge against accused=respondent
*badilla, is fatally defective. 7t would be fatally defective against any
other accused charged with the same offense. +espondent judge, in
dismissing the information, committed no reversible error or grave abuse
of discretion. De acted correctly.
JD5+5E"+5, the petition is <5?75<. 1he orders appealed from
are hereby *EE7+M5<. Jithout costs.
S" "+<5+5<.
Iap 2.>.), Eernan, ?arvasa, Melencio=Derrera, %utierreB, >r., 2ruB,
!aras, %ancayco, -idin, 2ortes, %riTo=*Auino and Medialdea, >>.,
concur.
Eeliciano and Sarmiento, >>., too8 no part.
1he counter part of this in civil cases is, that the pleading asserting
the claim states no cause of action.
F: Dow do we 8now the complaint or information do not constitute
an offenseO
*: Iou loo8 at the allegations in the complaint. 7f the facts alleged do
not constitute any crime, then the information should be Auashed. 1his
was emphasiBed in the case of
,"!5M vs. S*?<7%*?-*I*?
"ctober 1', 1$$0
D5,<: :*s a general proposition, a motion to Auash on the
ground that the allegations of the information do not constitute
the offense charged, or any offense for that matter should be
resolved on the basis alone of said allegations whose truth and
veracity are hypothetically admitted. Dowever, additional facts
not alleged in the information, admitted or not denied by the
prosecution may be invo8ed in support of the motion to Auash.9
&?< %+"C?<: -) 1D*1 1D5 2"C+1 1+I7?% 1D5 2*S5 D*S
?" >C+7S<7217"? ";5+ 1D5 "EE5?S5 2D*+%5<3
7asis for determining "urisdiction
4acasaet 0. People
#32 S2)& 3=3
'eruar! 11, 2663
Second Di0ision% 2hico.-a/ario, 8.
,uestion%
In re&ol$in( a mo%ion %o di&mi&& Aa&ed on lacI o+ Eri&dic%ion#
7)a% 'rinci'le &)old (ide %)e cor%J
&nswer%
.ri&dic%ion o$er a criminal ca&e i& de%ermined A/ %)e
alle(a%ion& o+ %)e com'lain%. In re&ol$in( &c) mo%ion# a& a
(eneral rle# %)e +ac%& con%ained in %)e com'lain% &)old Ae %aIen
a& %)e/ are. T)e eGce'%ion i& 7)ere %)e Rle& o+ Cor% allo7 %)e
in$e&%i(a%ion o+ +ac%& alle(ed in a mo%ion %o ;a&) &c) a& 7)en
%)e (rond in$oIed i& %)e eG%inc%ion o+ criminal liaAili%/#
're&cri'%ion&# doAle Eeo'ard/# or in&ani%/ o+ %)e acc&ed. In
%)e&e in&%ance&# i% i& incmAen% 'on %)e %rial cor% %o condc% a
'reliminar/ %rial %o de%ermine %)e meri% o+ %)e mo%ion %o di&mi&&.
5? -*?2
G%.+. ?o. ,=&04$0. "ctober &$, 1$//.H
*?%5,7?* M5>7* ,"!5M, *C+"+* M5>7* ;7,,*S"+, +"I !.
;7,,*S"+, petitioners, vs. 1D5 271I >C<%5, 25S*+ ,. !*+*S,
1+7?7<*< 1. ,*M*17?, and 15++* <5;5,"!M5?1
2"+!"+*17"?, respondents.
San >uan, *frica K -enedicto and *ntonio 2. *mor K *ssociates for
petitioners.
Fuasha, *sperilla, -lanco, Mafra K 1ayag, for respondents.
< 5 2 7 S 7 " ?
<7M"?, > p:
7n the month of Eebruary 1$/#, petitioner +oy !. ;illasor, as
administrator of the intestate estate of the spouses Manuel M. Mejia and
%loria ,aBatin Special !roceedings ?o. #.1.1 of the 2ourt of Eirst
7nstance of Manila), together with his co=petitioners *ngelina Mejia
,opeB and *urora Mejia ;illasor and other heirs of said spouses, entered
into a contract with respondent 1rinidad 1. ,aBatin for the development
and subdivision of three parcels of land belonging to said intestate
estate. SubseAuently ,aBatin transferred his rights under the contract to
the 1erra <evelopment 2orporation. Months later, petitioners and other
co=heirs filed an action in the 2ourt of Eirst 7nstance of FueBon 2ity
2ivil 2ase ?o. F=.'##) for the rescission of said contract for alleged
gross and willful violation of its terms. 1hereafter, ,aBatin and the 1erra
<evelopment 2orporation, in turn, filed with the EiscalXs "ffice of the
2ity of *ngeles a complaint against petitioners for an alleged violation
of the provisions of *rticle 14& in relation to those of *rticle 141,
paragraph #, of the +evised !enal 2ode. *fter conducting a preliminary
e@amination in connection therewith, the 2ity Eiscal of *ngeles filed
with the 2ourt of said 2ity an information charging petitioners with the
crime of falsification of a private document upon the allegation that they
made it appear in the contract mentioned heretofore that *urora M.
;illasor was the RguardianR of the minor %eorge ,. Mejia and that
*ngelina M. ,opeB was similarly the RguardianR of the minor *le@ander
,. Mejia, when in truth and in fact they 8new that they were not the
guardians of said minors on the date of the e@ecution of the document
2riminal 2ase ?o. 2=&&/.).
Cpon petition of the parties thus charged, the 2ity Eiscal of *ngeles
reinvestigates the case on March 4, 1$/0 to give them an opportunity to
present e@culpatory evidence, and after the conclusion of the
reinvestigation the parties charged moved for the dismissal of the case
mainly on the ground that the 2ity 2ourt of *ngeles had no jurisdiction
over the offense because the private document that contained the alleged
false statement of fact was signed by them outside the territorial limits of
said city. *s the resolution of this motion to dismiss was delayed and in
the meantime the 2ity 2ourt had set 2riminal 2ase ?o. 2=&&/. for
arraignment, the defendants secured from said court several
postponements of the arraignment.
Einally, in view of the 2ity EiscalXs continued failure to act on the
motion to dismiss the case, petitioners filed on ?ovember &/, 1$/0 with
the 2ity 2ourt a motion to Auash upon the ground that said court had no
jurisdiction over the offense charged. 1he complainants in the case S
with the conformity of the 2ity Eiscal S filed an opposition thereto, and
on Eebruary ', 1$// the respondent judge denied said motion to Auash
and reset the arraignment of all the defendants on March 0 of the same
year. 7n view thereof, petitioners filed the present action for certiorari
and prohibition.
Cpon the foregoing facts the only Auestion to be resolved is whether
or not the 2ity 2ourt of *ngeles 2ity has jurisdiction to try and decide
2riminal 2ase ?o. 2=&&/. for alleged falsification of a private
document by the parties named in the information.
7t is clear that petitioners are not charged with having used falsified
document, in violation of the last paragraph of *rticle 14& of the
+evised !enal 2ode. 1he charge against them is that of having falsified
a private document by 8nowingly and willfully stating therein that
*urora M. ;illasor and *ngelina M. ,opeB were the RguardiansR of their
minor brothers %eorge and *le@ander, respectively, when in fact they
8new that, at the time they made such written statement, it was 2arolina
M. de 2astro who was the judicial guardian of said minors.
7t is settled law in criminal actions that the place where the criminal
offense was committed not only determines the venue of the action but is
an essential element of jurisdiction C. S. vs. !agdayuman, 0 !hil. &/0).
1hus, under the provisions of Section ./ of the >udiciary *ct of 1$#.,
municipal courts have original jurisdiction only over criminal offenses
committed within their respective territorial jurisdiction.
7n the present case, it is the claim of petitioners S a claim supported
by the record S that *ngelina M. ,opeB and *urora M. ;illasor signed
the private document wherein they are alleged to have made a false
statement of fact, the first within the territorial jurisdiction of Ma8ati and
the second within the territorial jurisdiction of FueBon 2ity, both within
the province of +iBal.
Je now come to consider the Auestion of when and where is the
offense of falsification of a private document deemed consummated or
committed. Cpon this point, Je have ruled clearly and definitely in C.S.
vs. 7nfante, '/ !hil. 1#/, that the crime of falsification of a private
document defined and penaliBed by *rticle '(# of the !enal 2ode now
paragraph &, *rticle 14& of the +evised !enal 2ode) is consummated
when such document is actually falsified with the intent to prejudice a
third person, whether such falsified document is or is not thereafter put
to the illegal use for which it was intended.
*gain in C.S. vs. -arreto, '/ !hil. p. &(4, Je said:
R. . . 1he contention of counsel would seem to be that the information
was defective, in that it fails to set forth e@pressly the place where
improper and illegal use was made of the falsified document, an
allegation which counsel for appellant insists was absolutely essential
for the proper determination of the court clothed with jurisdiction over
the alleged offense. -ut under the definition of the crime of falsification
of a private document as set forth in article '(# of the !enal 2ode, the
offense is consummated at the time when and at the place where the
document is falsified to the prejudice of or with the intent to prejudice a
third person, and this whether the falsified document is or is not put to
the improper or illegal use for which it was intended. 7t is evident,
therefore, that the place where the crime is committed is the place where
the document is actually falsified, and that the improper and illegal use
of the document thereafter is in no wise a material or essential element
of the crime of falsification of a private document3 . . .R
*pplying the above ruling to the facts before Cs, it would appear that
if the private document subject of the information was falsified by the
persons therein charged, the act of falsification Sthe signing of the
document and the coetaneous intent to cause damage S was committed
and consummated outside the territorial jurisdiction of the 2ity of
*ngeles, and that whether the falsified private document was thereafter
put or not put to the illegal use for which it was intended, or was signed
by the other contracting party within the territorial jurisdiction of the
2ity of *ngeles is in no wise a material or essential element of the crime
of falsification of the private document, nor could it in any way change
the fact that the act of falsification charged was committed outside the
territorial jurisdiction of *ngeles 2ity. 1hus, that the 2ity 2ourt of
*ngeles has no jurisdiction over the offense charged is beyond Auestion.
+espondents, however, contend that the motion to Auash filed by the
defendants necessarily assumes the truth of the allegation of the
information to the effect that the offense was committed within the
territorial jurisdiction of *ngeles 2ity and that they may not be allowed
to disprove this at this early stage of the proceedings. 1his is not e@actly
the law on the matter at present. 7t was the law applicable to a demurrer
S now obsolete S to an information. 1he motion to Auash now
provided for in +ule 114 of the +ules of 2ourt is manifestly broader in
scope than the demurrer, as it is not limited to defects apparent upon the
face of the complaint or information but e@tends to issues arising out of
e@traneous facts, as shown by the circumstance that, among the grounds
for a motion to Auash, Section & of said +ule provides for former
jeopardy or acAuittal, e@tinction of criminal action or liability, insanity
of the accused etc., which necessarily involve Auestions of fact in the
determination of which a preliminary trial is reAuired.
7n the present case, the portion of the record of the reinvestigation
which was submitted to the respondent judge for consideration in
connection with the resolution of the motion to Auash filed by the
defendants shows beyond Auestion that the offense charged was
committed far beyond the territorial jurisdiction of *ngeles 2ity.
"n the propriety of the writs prayed for, it may be said that, as a
general rule, a court of eAuity will not issue a writ of certiorari to annul
an order of a lower court denying a motion to Auash, nor issue a writ of
prohibition to prevent said court from proceeding with the case after
such denial, it being the rule that upon such denial the defendant should
enter his plea of not guilty and go to trial and, if convicted, raise on
appeal the same legal Auestions covered by his motion to Auash. 7n this
as well as in other jurisdictions, however, this is no longer the hard and
fast rule.
1he writs of certiorari and prohibition, as e@traordinary legal
remedies, are, in the ultimate analysis, intended to annul void
proceedings3 to prevent the unlawful and oppressive e@ercise of legal
authority and to provide for a fair and orderly administration of justice.
1hus, in Iu 6ong 5ng vs. 1rinidad, #4 !hil. '.0, Je too8 cogniBance of
a petition for certiorari and prohibition although the accused in the case
could have appealed in due time from the order complained of, our
action in the premises being based on the public welfare and the
advancement of public policy. 7n <imayuga vs. Eajardo, #' !hil. '(#,
Je also admitted a petition to restrain the prosecution of certain
chiropractors although, if convicted, they could have appealed. Je gave
due course to their petition for the orderly administration of justice and
to avoid possible oppression by the strong arm of the law. *nd in
*revalo vs. ?epomuceno, /' !hil. /&4, the petition for certiorari
challenging the trial courtXs action admitting an amended information
was sustained despite the availability of appeal at the proper time.
More recently, Je said the following in Iap vs. the Don. <. ,utero
etc. %. +. ?o. ,=1&//$, *pril '(, 1$0$:
RManifestly, the denial, by respondent herein, of the motion to Auash
the information in case ?o. 1/##', may not be characteriBed as
XarbitraryX or XdespoticX, or to be regarded as amounting to Xlac8 of
jurisdictionX. 1he proper procedure, in the event of denial of a motion to
Auash, is for the accused, upon arraignment, to plead not guilty and
reiterate his defense of former jeopardy, and, in case of conviction, to
appeal therefrom, upon the ground that he had been twice put in
jeopardy of punishment, either for the same offense, or for the same act,
as the case may be. Dowever, were we to reAuire adherence to this
pretense, the case at bar would have to be dismissed and petitioner
reAuired to go through the inconvenience, not to say the mental agony
and torture, of submitting himself to trial on the merits in case ?o.
1/##', apart from the e@penses incidental thereto, despite the fact that
his trial and conviction therein would violate one of his constitutional
rights, and that, on appeal to this 2ourt, we would, therefore, have to set
aside the judgment of conviction of the lower court. 1his would,
obviously, be most unfair and unjust. Cnder the circumstances obtaining
in the present case, the flaw in the procedure followed by petitioner
herein may be overloo8ed, in the interest of a more enlightened and
substantial justice.R
7ndeed, the lac8 of jurisdiction of the 2ity 2ourt of *ngeles over the
criminal offense charged being patent, it would be highly unfair to
compel the parties charged to undergo trial in said court and suffer all
the embarrassment and mental anguish that go with it.
JD5+5E"+5, judgment is hereby rendered declaring that the
offense charged in the information filed in 2riminal 2ase ?o. 2=&&/. of
the 2ity 2ourt of *ngeles 2ity is not within the jurisdiction of said court
and that, therefore, said court is hereby restrained and prohibited from
further proceedings therein. 2osts against the private respondents.
2oncepcion, 2.>., +eyes, >.-.,., +egala, Ma8alintal, -engBon, >.!.,
Maldivar, SancheB and 2astro, >>., concur.
S52"?< <7;7S7"?
G%.+. ?o. ,=#/(.(. ?ovember 1(, 1$4..H
<"M7?*<"+ ,*I"S*, petitioner, vs. D"?. >"S5 !.
+"<+7%C5M, >udge of the 2ourt of Eirst 7nstance of !alawan, and
E5+?*?<" M. <7,7%, 2ity Eiscal of !uerto !rincesa, !alawan,
respondents.
2arsi 2ruB K 2allanta ,aw "ffices for petitioner.
2ity Eiscal Eernando M. <ilig for the respondents.
< 5 2 7 S 7 " ?
*FC7?", > p:
1his case is about the suspension of <ominador ,ayosa, the collector
of customs of !alawan and !uerto !rincesa 2ity, who on March 14,
1$44 was charged by the city fiscal in the 2ourt of Eirst 7nstance of
!alawan with having violated the *nti=%raft and 2orrupt !ractices ,aw
+epublic *ct ?o. '(1$). 1he information was based on the complaint
filed by the assistant director of the <istrict *nti=Smuggling *ction
2enter. 7t was one of the five cases filed against ,ayosa, aside from a
malversation case p. .0, +ollo).
1he gravamen of the charge against ,ayosa is that during the period
from *pril to <ecember, 1$4/ he demanded and received from the
patron of the M); ,ady *ngelita 7, whenever that vessel doc8ed at the
!uerto !rincesa wharf to unload and load cargoes of the San Miguel
2orporation, two to three cases of beer and soft drin8s as the
consideration for giving the vessel preferential berthing facilities
2riminal 2ase ?o. 144.).
"n the following day, March 1., the fiscal, acting pursuant to section
1' of +epublic *ct ?o. '(1$, filed a motion for ,ayosaXs suspension. *
copy of that motion and of the orders setting it for hearing were
furnished ,ayosa. 1he motion was heard on March &0, 1$44. *t the
hearing, ,ayosaXs counsel cross=e@amined the prosecutionXs witness.
+espondent >udge granted the motion in his order dated *pril 11, 1$44
at -roo8eXs !oint. De found that a valid information had been filed
against ,ayosa. prcd
"n May 1(, 1$44, ,ayosa filed in this 2ourt the instant petition for
certiorari. De prayed that the order of suspension be set aside. De
contended that the court did not acAuire jurisdiction over his person
because no warrant of arrest had as yet been issued when the hearing on
his suspension was held and the case was not raffled to respondent
>udge, that the 2hief State !rosecutor in a telegram to the fiscal dated
March &#, 1$44 directed that the record of the case be elevated for
review, and that respondent >udge gravely abused his discretion in
issuing the suspension order.
-ecause ,ayosa defied the order of suspension, the lower court in its
order of >une 10, 1$44 adjudged him in contempt of court and penaliBed
him by imprisonment for three months and a fine of !0((. ,ayosa
appealed from that order to the 2ourt of *ppeals.
+espondent >udge in his comment on the petition e@plained that, to
avoid delay, he acted on the motion for suspension because the case was
filed after the raffling of the cases between the two branches of the court
had been terminated. De was scheduled to hold sessions at -roo8eXs
!oint and the other >udge was to begin his one=month vacation.
+espondent >udge pointed out that his action on the motion for
suspension was sanctioned by *dministrative "rder ?o. / of this 2ourt
dated >uly 1, 1$40 which empowers the 5@ecutive >udge to act on
interlocutory matters prior to the raffling of a case.
1he case was eventually raffled to the sala of respondent >udge.
,ayosa posted a bail bond. De was arraigned on "ctober #, 1$44. De
was replaced by 2arlos +aBo as collector of customs. "n September &$,
1$44, the "ffice of State !rosecutors sustained the filing of the
information against ,ayosa.
,ayosa did not submit a memorandum. +espondent fiscal in his
memorandum alleged that the petitioner had abandoned his contention as
to lac8 of jurisdiction over his person based on the grounds that the case
was not raffled to respondent >udge and that no warrant of arrest was
issued before the hearing on his suspension was held). 1he fiscal
stressed that the case had been scheduled for trial at the instance of the
petitioner and that the latter had manifested his willingness to proceed
with the trial.
Cnder the circumstances recited above, we hold that the petition for
certiorari is devoid of merit and that the trial court did not act with grave
abuse of discretion in issuing the order of suspension.
1here is no Auestion that the lower court acAuired jurisdiction over
the case upon the filing of the information. 1he offense charged is within
its jurisdiction. 1he petitioner was notified of the pre=suspension
hearing. Dis counsel participated in that hearing. 1he reAuirements of
due process were observed. 1he law contemplates an e@peditious
hearing on the suspension of the accused. !ublic interest demands a
speedy determination of that Auestion. See Sugay vs. !amaran, ,=
''.44=4$, September '(, 1$41, #1 S2+* &/(3 ,uciano vs. Jilson, ,=
'1'#4, *ugust '1, 1$4(, '# S2+* /'.3 ,uciano vs. Mariano, ,=&'$0(,
>uly '(, 1$41, #( S2+* 1.43 "liveros vs. ;illaluB, ,='''/&, >uly '(,
1$41, #( S2+* '&43 ,uciano vs. !rovincial %overnor, ,='('(/, >une
&(, 1$/$, &. S2+* 014). llcd
7t is true that petitioner was not yet arrested or ta8en into custody
when the pre=suspension hearing was held. Dowever, his voluntary
appearance at that hearing through his counsel was a submission to the
lower courtXs jurisdiction. ?ote that in civil cases, defendantXs voluntary
appearance is eAuivalent to service of summons.) cdphil
RJhere a court has jurisdiction of the offense or subject matter, the
objection that it has no jurisdiction of the person of the accused may be
waived. "ne who desires to object to the jurisdiction of the court over
his person must appear in court for that purpose only, and if he raises
other Auestions, he waives the objection.R && 2.>.S., 1$/1 5d. p. #1.).
7n the instant case, ,ayosa waived the objection based on lac8 of
jurisdiction over his person when, as already noted, he appeared at the
pre=suspension hearing and his counsel cross=e@amined the prosecution
witness.
JD5+5E"+5, the petition is dismissed. 2osts against the petitioner.
S" "+<5+5<.
Eernando 2hairman), -arredo, *ntonio, 2oncepcion >r., and Santos,
>>., concur.
'+< %+"C?<: 2) 1D*1 1D5 2"C+1 1+I7?% 1D5 2*S5 D*S
?" >C+7S<7217"? ";5+ 1D5 !5+S"? "E 1D5 *22CS5<3
E@ect of 0oluntar! sumission
&rnado 0. 7uan
#36 S2)& 312
4a! 31, 266#
Second Di0ision% <inga, 8.
'acts%
T7o con%& o+ e&%a+a +or %)e amon% o+ PD1D#-1>."> and
P-F#F8D.>> 7ere !led a(ain&% acc&ed Ae+ore %)e 1TC. T)e Ed(e
i&&ed a 7arran% o+ arre&% and &c)edled %)e arrai(nmen%.
Acc&ed 'o&%ed Aail and !led a mo%ion %o ;a&) on %)e (rond o+
lacI o+ Eri&dic%ion con&iderin( %)e im'o&aAle 'enal%ie& +or Ao%)
oBen&e& are more %)an 8 /ear&.
Issue%
Did acc&ed &Ami% )im&el+ %o %)e Eri&dic%ion o+ %)e cor% A/
'o&%in( AailJ
9eld%
No. T)e 'o7er and a%)ori%/ o+ a cor% %o )ear# %r/ and
decide a ca&e i& de!ned a& Eri&dic%ion. Elemen%ar/ i& %)e
di&%inc%ion Ae%7een Eri&dic%ion o$er %)e &AEec%Cma%%er and
Eri&dic%ion o$er %)e 'er&on.
.ri&dic%ion o$er %)e &AEec%Cma%%er i& con+erred A/ %)e
Con&%i%%ion or A/ la7. I% i& &o e&&en%ial %)a% erroneo& a&&m'%ion
o+ &c) Eri&dic%ion carrie& 7i%) i% %)e nlli%/ o+ %)e en%ire
'roceedin(& in %)e ca&e. A% %)e !r&% in&%ance or e$en on a''eal#
and al%)o() %)e 'ar%ie& do no% rai&e %)e i&&e o+ Eri&dic%ion#
cor%& are no% 'reclded +rom rlin( %)a% %)e/ )a$e no Eri&dic%ion
o$er %)e &AEec%Cma%%er i+ &c) indeed i& %)e &i%a%ion.
In con%ra&%# Eri&dic%ion o$er %)e 'er&on i& ac;ired A/ %)e
cor% A/ $ir%e o+ %)e 'ar%/P& or %)e $oln%ar/ &Ami&&ion o+ %)e
acc&ed %o %)e a%)ori%/ o+ %)e cor% or %)ro() %)e eGerci&e o+ i%&
coerci$e 'roce&&e&. To 're$en% %)e lo&& or 7ai$er o+ %)i& de+en&e#
%)e acc&ed m&% rai&e %)e lacI o+ Eri&dic%ion &ea&onaAl/ A/
mo%ion +or %)e 'r'o&e o+ oAEec%in( %o %)e Eri&dic%ion o+ %)e cor%9
o%)er7i&e# )e &)all Ae deemed %o )a$e &Ami%%ed )im&el+ or )i&
'er&on %o %)a% Eri&dic%ion. In o%)er 7ord&# Eri&dic%ion o$er %)e
&AEec%Cma%%er 7)ic) i& nei%)er &AEec% %o a(reemen% nor
con+erred A/ con&en% o+ %)e 'ar%ie&.
7nstances when the court has no jurisdiction:
1.)the court has no jurisdiction to try the case because of the
penalty3
&.)the court has no jurisdiction to try the offense because it is
committed in another place territorial jurisdiction3 or
'.)the court has no jurisdiction over the person of the accused
because the latter has never been arrested and never surrendered
himself.
#1D %+"C?<: <) 1D*1 1D5 "EE725+ JD" E7,5< 1D5
7?E"+M*17"? D*< ?" *C1D"+71I 1" <" S"3
F: Jho has the authority to file the caseO
*: !rosecutor.
E@ect of lacB of authorit!
People 0. (arfn
#2= S2)& 353
4arch 25, 266#
Second Di0ision% Puno, 8.
Issue%
W)a% i& %)e eBec% 7)en %)e o?cer i& 7i%)o% a%)ori%/ %o !le
%)e in+orma%ionJ
9eld%
T)e %rial cor% canno% ac;ire Eri&dic%ion o$er %)e ca&e. In
+ac%# nder Sec. *2d3# Rle 11= o+ %)e Rle& o+ Cor%# K%)a% %)e
o?cer 7)o !led %)e in+orma%ion )ad no a%)ori%/ %o do &oL i& a
(rond +or a mo%ion %o ;a&). T)e 'lea o+ acc&ed %o an
in+orma%ion ma/ Ae a 7ai$er o+ all +ormal oAEec%ion& %o %)e &aid
in+orma%ion A% no% 7)en %)ere i& 7an% o+ Eri&dic%ion. @e&%ion&
rela%in( %o lacI o+ Eri&dic%ion ma/ Ae rai&ed a% an/ &%a(e o+ %)e
'roceedin(. An in!rmi%/ in %)e in+orma%ion# &c) a& lacI o+
a%)ori%/ o+ %)e o?cer &i(nin( i%# canno% Ae cred A/ &ilence#
ac;ie&cence# or e$en A/ eG're&& con&en%.
5? -*?2
G%.+. ?o. ,=#'1'. March &(, 1$01.H
!5<+" !. ;7,,*, petitioner, vs. E7<5, 7-*U5M, >udge of the
2ourt of Eirst 7nstance of Manila, 5C%5?7" *?%5,5S, 2ity Eiscal,
*-5,*+<" SC-7<", 2hief, <ivision of 7nvestigation, "ffice of the
Mayor, 2ity of Manila, respondents.
!eralta K *grava, for petitioner.
2ity Eiscal 5ugenio *ngeles and *belardo Subido in their own
behalf.
< 5 2 7 S 7 " ?
1C*S"?, > p:
*ttorney *belardo Subido, chief of the division of investigation in the
office of the mayor of the 2ity of Manila, was appointed by the then
Secretary of >ustice, Donorable +icardo ?epomuceno, as special counsel
to assist the 2ity Eiscal of Manila in the cases of city government
officials or employees he had investigated3 and in pursuance of that
appointment, he subscribed, swore to and presented an information
against !edro !. ;illa, the present petitioner, for falsification of a payroll
of the division of veterinary service, Manila health department. *ttorney
SubidoXs authority to file the information was thereafter challenged by
the accused but was sustained by Dis Donor, >udge Eidel 7baTeB. Dence
this petition for certiorari, which is in reality a petition for prohibition
and will be so regarded.
2hief ground of attac8, the resolution of which will dispose of the
others and to which this opinion will therefore be confined, has to do
with *ttorney SubidoXs legal Aualifications for the appointment in
Auestion under section 1/./ of the +evised *dministrative 2ode, as
amended by Section # of 2ommonwealth *ct ?o. 1##, which reads as
follows:
RS52. 1/./. *dditional counsel to assist fiscal. S 1he Secretary of
>ustice may appoint any lawyer, being either a subordinate from his
office or a competent person not in the public service, temporarily to
assist a fiscal or prosecuting attorney in the discharge of his duties, and
with the same authority therein as might be e@ercised by the *ttorney
%eneral or Solicitor %eneral.R
*ppointments by the Secretary of >ustice in virtue of the foregoing
provisions of the +evised *dministrative 2ode, as amended, were
upheld in ,o 2ham vs. "campo et al., 1 ## "fficial %aBette, #0., and
%o 2am et al., vs. %atmaitan et al., #4 "fficial %aBette, 0($&) & . -ut in
those cases, the appointees were officials or employees in one or another
of the bureaus or offices under the <epartment of >ustice, and were
rightly considered subordinates in the office of the Secretary of >ustice
within the meaning of section 1/./, ante. cdasia
1he case at bar does not come within the rationale of the above
decisions. *ttorney Subido is a regular officer or employee in the
<epartment of 7nterior, more particularly in the 2ity MayorXs office. Eor
this reason he belongs to the class of persons disAualified for
appointment to the post of special counsel.
1hat to be eligible as special counsel to aid a fiscal the appointee must
be either an employee or officer in the <epartment of >ustice is so
manifest from a bare reading of section 1/./ of the +evised
*dministrative 2ode as to preclude construction. *nd the limitation of
the range of choice in the appointment or designation is not without
reason.
1he obvious reason is to have appointed only lawyers over whom the
Secretary of >ustice can e@ercise e@clusive and absolute power of
supervision. *n appointee from a branch of the government outside the
<epartment of >ustice would owe obedience to, and be subject to orders
by, mutually independent superiors having, possibly, antagonistic
interests. +eferring particularly to the case at hand for illustration,
*ttorney Subido could be recalled or his time and attention be reAuired
elsewhere by the Secretary of 7nterior or the 2ity Mayor while he was
discharging his duties as public prosecutor, and the Secretary of >ustice
would be helpless to stop such recall or interference. *n eventuality or
state of affairs so undesirable, not to say detrimental to the public service
and specially the administration of justice, the ,egislature wisely
intended to avoid.
1he defendant had pleaded to the information before he filed a
motion to Auash, and it is contended that by his plea he waived all
objections to the information. 1he contention is correct as far as formal
objections to the pleading are concerned. -ut by clear implication if not
by e@press provision of section 1( of +ule 11' of the +ules of 2ourt,
and by a long line of uniform decisions, Auestions of want of jurisdiction
may be raised at any stage of the proceeding. ?ow, the objection to the
respondentXs actuations goes to the very foundations of jurisdiction. 7t is
a valid information signed by a competent officer which, among other
reAuisites, confers jurisdiction on the court over the person of the
accused and the subject matter of the accusation. 7n consonance with this
view, an infirmity of the nature noted in the information can not be cured
by silence, acAuiescence, or even by e@press consent.
1he petition will therefore be granted and the respondent judge
ordered to desist from proceeding with criminal case ?o. 11$/' upon the
information filed by *ttorney *belardo Subido, without costs.
Moran, 2.>., !aras, !ablo, -engBon, !adilla, +eyes, >ugo and -autista
*ngelo, >>., concur.
S52"?< <7;7S7"?
G%.+. ?o. 10'14/. March &$, &((#.H
!5"!,5 "E 1D5 !D7,7!!7?5S, petitioner, vs. D"?. M57<*
*C+"+* -. %*+E7?, 7n her capacity as !residing >udge of +12,
-ranch 1$, of the 2ity of ?aga and S5+*E7? S*-*,,5%C5,
respondents.
< 5 2 7 S 7 " ?
!C?", > p:
Eor determination in this petition is a Auestion in procedural law S
whether an information filed by a state prosecutor without the prior
written authority or approval of the city or provincial prosecutor or chief
state prosecutor should be dismissed after the accused has entered his
plea under the information. 12aS*D
!etitioner comes before us with a petition for certiorari and
mandamus under +ule /0 of the +evised +ules of 2ourt, see8ing to
declare as null and void the "rders issued by the +egional 1rial 2ourt of
?aga 2ity, -ranch 1$ dated Eebruary &/, &((& 1 and *pril ', &((& &
which dismissed for lac8 of jurisdiction the case of !eople vs. Serafin
Saballegue, 2riminal 2ase ?o. +12 &((1=(0$4, and denied petitionerLs
motion for reconsideration.
1he antecedent facts are undisputed.
"n >une &&, &((1, private respondent was charged with violation of
Section &&a) in relation to Sections 1$b) and &.e) of +epublic *ct ?o.
.&.&, otherwise 8nown as the :Social Security *ct,9 in an information
which reads:
1he undersigned State !rosecutor of the "ffice of the +egional State
!rosecutor, ,egaBpi 2ity, accuses S5+*E7? S*-*,,5%C5, as
proprietor of Saballegue !rinting !ress with business address at 1/ San
Mateo St., !eTafrancia *ve., ?aga 2ity for ;iolation of Section &&a) in
relation to Sections 1$b) and &.e) of +.*. .&.& otherwise 8nown as
the Social Security *ct of 1$$4, committed as follows:
1hat on or about Eebruary 1$$( and up to the present, in the 2ity of
?aga, !hilippines, within the functional jurisdiction of SSS ?aga -ranch
and the territorial jurisdiction of this Donorable 2ourt, the above named
accused, while being the proprietor of Saballegue !rinting !ress, did
then and there willfully, unlawfully, and criminally refuse and fail and
continuously refuse and fail to remit the premiums due for his employee
to the SSS in the amount of S7P 1D"CS*?< E7;5 DC?<+5<
1D7+1I=1D+55 !5S"S !/,0''.((), !hilippine 2urrency, representing
SSS and 52 premiums for the period from >anuary 1$$( to <ecember
1$$$ n.i.), and the 'Z penalty per month for late remittance in the
amount of 5,5;5? 1D"CS*?< "?5 DC?<+5< E"+1I=1D+55
!5S"S and &.)1(( !11,1#'.&.) computed as of 10 March &(((, despite
lawful demands by letter in violation of the above=cited provisions of the
law, to the damage and prejudice of the SSS and the public in general.
2"?1+*+I 1" ,*J.
,egaBpi 2ity for ?aga 2ity. && >une &((1.
sgd.) +"MC," S>. 1",5?17?"
State !rosecutor
Special !rosecutor on SSS 2ases
in +egion ; '
1he information contains a certification signed by State !rosecutor
+omulo S>. 1olentino which states:
7 hereby certify that the reAuired investigation in this case has been
conducted by the undersigned Special !rosecutor in accordance with law
and under oath as officer of the court, that there is reasonable ground to
believe that the offense has been committed, that the accused is probably
guilty thereof and that the filing of the information is with the prior
authority and approval of the +egional State !rosecutor. #
1he case was raffled to -ranch 1$ of the +egional 1rial 2ourt of
?aga 2ity presided by respondent judge Don. Meida *urora -. %arfin.
"n September &#, &((1, accused Serafin Saballegue pleaded not guilty
to the charge and the case was set for pre=trial. 0 1hree days thereafter,
the accused filed a motion to dismiss / on the ground that the
information was filed without the prior written authority or approval of
the city prosecutor as reAuired under Section #, +ule 11& of the +evised
+ules of 2ourt. 4
1he !eople, through State !rosecutor 1olentino, filed an opposition, .
against which the accused filed a rejoinder. $ 1he !eople filed a reply to
the rejoinder 1( on <ecember &1, &((1. * rejoinder to the reply 11 was
filed by the accused on >anuary &1, &((&.
*fter considering the arguments raised, the trial court granted the
motion to dismiss in its first Auestioned "rder dated Eebruary &/, &((&,
to wit:
*fter considering the respective arguments raised by the parties, the
2ourt believes and so resolves that the 7nformation has not been filed in
accordance with Section #, par. ' of +ule 11& of the &((( +ules on
2riminal !rocedure, thus:
N +ule 11&, Section # . . .
?o complaint or information may be filed or dismissed by an
investigating prosecutor without the prior written authority or approval
of the provincial or city prosecutor or chief state prosecutor or the
"mbudsman or his deputy.L
5@presio unius est e@clusio alterius.
1he 7nformation will readily show that it has not complied with this
rule as it has not been approved by the 2ity !rosecutor.
1his 2ourt holds that the defendantLs plea to the 7nformation is not a
waiver to file a motion to dismiss or to Auash on the ground of lac8 of
jurisdiction. -y e@press provision of the rules and by a long line of
decisions, Auestions of want of jurisdiction may be raised at any stage of
the proceedings !eople vs. 5duarte, 1.& S2+* 40().
1he Supreme 2ourt in ;illa vs. 7baTeB .. !hil #(&) dwelt on lac8 of
authority of the officer who filed the information and on jurisdiction at
the same time, pertinent portions run as follows:
1he defendant had pleaded to the information before he filed a
motion to Auash, and it is contended that by his plea he waived all
objections to the information. 1he contention is correct as far as formal
objections to the pleadings are concerned. -ut by clear implication, if
not by e@press provision of section 1( of +ule 11' of the +ules of 2ourt,
and by a long line of uniform decisions, Auestions of want of jurisdiction
may be raised at any stage of the proceedings. ?ow, the objection to the
respondentLs actuations goes to the very foundations of jurisdiction. 7t is
a valid information signed by a competent officer which, among other
reAuisites, confers jurisdiction on the court over the person of the
accused and the subject matter of the accusation. 7n consonance with this
view, an infirmity of the nature noted in the information cannot be cured
by silence, acAuiescence, or even by e@press consent. 7cS5*D
!rosecutor 1olentino also contends that having been duly designated
to assist the 2ity !rosecutor in the investigation and prosecution of all
SSS cases by the +egional State prosecutor as alter ego of the Secretary
of >ustice in +egion ;, then that authority may be given to other than the
2ity !rosecutor. 1he 2ourt finds this contention to be devoid of merit.
1he +egional State !rosecutor is not the alter ego of the Secretary of
>ustice but a mere subordinate official and if ever the former files cases,
it is by virtue of a delegated authority by the Secretary of >ustice.
!otestas delegada non potesta delegare sic) S what has been delegated
cannot be redelegated.
7n his opposition, the state prosecutor also attached a memorandum
dated >une &&, &((1 by +egional State !rosecutor Santiago M. 1uringan
addressed to !rovincial !rosecutor and 2ity !rosecutors of +egion ;
directing them to inhibit and to append the following ?"1*17"? after
the certification in the 7nformation for filing.
?"1*17"?: 1he herein 2ity)!rovincial !rosecutor is inhibiting from
this case and the Special !rosecution 1eam on SSS 2ases in +egion ; is
authoriBed to dispose of the case without my approval in view of the
reAuest for inhibition of the SSS +egional Manager as granted by the
+egional State !rosecutor.
* perusal of the 7nformation, however, would readily show that
nowhere in the 7nformation has the 2ity !rosecutor of ?aga 2ity
appended the above=Auoted notation)inhibition. *t most, the authority of
the special prosecutor is only for the conduct of preliminary
investigations and the prosecution of cases after they are filed. 1he
2ourt, however, believes that the filing of this 7nformation must be in
conformity with the +ules on 2riminal !rocedure, particularly Section #
of +ule 11&.
JD5+5E"+5, premises considered and for lac8 of jurisdiction, the
2ourt hereby resolves to <7SM7SS this case without pronouncement as
to cost.
S" "+<5+5<. 1&
* motion for reconsideration was filed by the !eople contending that
as a special prosecutor designated by the regional state prosecutor to
handle SSS cases within +egion ;, State !rosecutor 1olentino is
authoriBed to file the information involving violations of the SSS law
without need of prior approval from the city prosecutor. 1' ,etters of
commendation from 2hief State !rosecutor >ovencito MuTo 1# and
Secretary Dernando !ereB 10 were offered as proof to show that State
!rosecutor 1olentinoLs authority to file the information was recogniBed.
7n response, the defense pointed out in its opposition that the motion for
reconsideration lac8ed a notice of hearing, hence it is pro forma or a
mere scrap of paper. 1/
"n *pril ', &((&, respondent judge issued the second Auestioned
"rder which reads:
*cting upon the Motion for +econsideration filed by State !rosecutor
+omulo S>. 1olentino, Special !rosecutor on SSS cases in +egion ;, and
it appearing that the same has failed to comply with the reAuirement of
notice prescribed in Sections # and 0, +ule 10 of the +ules of 2ourt, the
same is hereby <5?75< for being a mere scrap of paper.
S" "+<5+5<. 14
Dence, this petition by the !eople through +egional State !rosecutor
Santiago 1uringan and State !rosecutor +omulo S>. 1olentino. !etitioner
attributes grave abuse of discretion amounting to lac8 or e@cess of
jurisdiction on the part of respondent judge, viB: 1.
1. +5S!"?<5?1 >C<%5 <7SM7SS5< 1D5 7?E"+M*17"?
J71D"C1 1D5 +5FC7+5< SC!!"+17?% E*21C*, *?< ,5%*,
-*S5S3
&. +5S!"?<5?1 >C<%5 <5,7-5+*15,I *?<
2*!+727"CS,I 7%?"+5< 1D5 !+5SCM!17"? "E
+5%C,*+71I 7? E*;"+ "E 1D5 !+"S52C17"? J71D"C1 1D5
+5FC7+5< SCEE7275?2I "E +5-C11*, 5;7<5?25. 1D5
J"+< :M*I9 7? S52. #, +C,5 11& "E 1D5 +C,5S "E 2"C+1 7S
?"1 M*?<*1"+I3
'. +5S!"?<5?1 >C<%5 2"MM7115< %+*;5 5++"+ 7?
<5,7-5+*15,I 7%?"+7?% 1D5 >C<727*,,I 6?"J?
7?D7-717"? "E 1D5 271I !+"S52C1"+ *?< 1D5 S511,5<
>C+7S!+C<5?25 "? 1D5 M*115+3
#. +5S!"?<5?1 >C<%5 %+*;5,I *-CS5< D5+
<7S2+517"? 7? 7?15+E5+7?% J71D 1D5 !C+5,I 5P52C17;5
EC?217"? "E E7,7?% *? 7?E"+M*17"? -I +C,7?% "? 1D5
*C1D"+71I "E 1D5 E7,7?% "EE725+ 1" E7,5 1D5
7?E"+M*17"?.
1he "ffice of the Solicitor %eneral "S%) filed its comment 1$ in
compliance with this 2ourtLs +esolution dated September &', &((&. &( 7t
opines that the dismissal of the information is mandated under Section #,
+ule 11& of the +ules of 2riminal !rocedure.
!rivate respondent contends that: &1 1) the instant petition was filed
out of time3 &) the special State !rosecutor is only authoriBed to conduct
preliminary investigation and prosecution of SSS cases and not to sign
the information3 and ') the 2ity !rosecutor did not e@pressly inhibit
himself from handling SSS cases nor signing the information.
Je shall first resolve the procedural issues. +espondent contends that
the motion for reconsideration filed on *pril 1, &((& is late because it
was filed eighteen days after March 1#, &((&, the date when petitioner
received the first Auestioned order. +espondent has overloo8ed that the
10th day after March 1# is a %ood Eriday. Dence, petitionerLs last day to
file the motion for reconsideration was on the ne@t wor8ing day after
%ood Eriday, *pril 1. &&
?e@t, respondent argues that having been considered as a mere scrap
of paper, the motion for reconsideration of the petitioner did not toll the
running of the reglementary period. +espondent, however, erroneously
assumes that the present case is an appeal by certiorari under +ule #0.
*s stated at the outset, this is an original petition for certiorari and
mandamus under +ule /0.
Sec. &, +ule '4 of the +ules of 2ourt is clear. 7t provides that :a) pro
forma motion for new trial or reconsideration shall not toll the
reglementary period of appeal.9 emphases supplied) Dence, the same
provision has no application in the case at bar.
1he rec8oning date is the receipt of the second Auestioned "rder and
not the receipt of the first. Section #, +ule /0, as amended by 5n -anc
+esolution *.M. ?o. ((=&=('=S2, September 1, &(((, provides, viB:
Sec. #. Jhen and where petition filed. S 1he petition may be filed
not later than si@ty /() days from notice of the judgment, order or
resolution. 7n case a motion for reconsideration or new trial is timely
filed, whether such motion is reAuired or not, the si@ty /()=day period
shall be counted from notice of the denial of said motion.
@@@ @@@ @@@
*s shown by the records, petitioner received the first Auestioned
order dated Eebruary &/, &((& on March 1#, &((&. &' * motion for
reconsideration was timely filed on *pril 1, &((& &# which was
dismissed for lac8 of notice of hearing in an "rder dated *pril ', &((&.
&0 1his second Auestioned order was received by petitioner on *pril 11,
&((&. &/ * motion for e@tension of time to file a petition for review on
certiorari was filed on *pril 1., &((&. &4 * motion for leave to file and
admit the instant petition for certiorari and mandamus was filed on May
&$, &((&. &. Daving been filed within the reglementary period,
petitionerLs motion for leave to file the instant petition was granted in
this 2ourtLs +esolution dated >uly 10, &((&. &$
Je now come to the other issue: whether the prior written authority
and approval of the city or provincial prosecutor or chief state prosecutor
is necessary in filing the information at bar.
!etitioner ta8es the unbending view that the approval of the city or
provincial prosecutor is no longer reAuired. 7t is contended that the
+egional State !rosecutor has already directed the city or provincial
prosecutor to inhibit from handling SSS cases. '( !etitioner cites the
letter of +egional State !rosecutor Santiago M. 1uringan to SSS
+egional <irector in ?aga 2ity dated >une /, 1$$4 '1 and copies of
+egional "rders ?o. $4=(&#=* '& and &((1=('' '' dated >uly 1#, 1$$4
and September &., &((1, respectively, showing the designation of State
!rosecutor 1olentino as special prosecutor for SSS cases in +egion ;.
!etitioner relies on %alveB, et al. v. 2ourt of *ppeals, et al. '# and
SancheB v. <emetriou, et al. '0 to prop up its contention that given the
designation of State !rosecutor 1olentino, the city prosecutor need not
participate in the filing and prosecution of the information in the case at
bar.
Je disagree. Cnder !residential <ecree ?o. 1&40, the powers of a
+egional State !rosecutor are as follows:
Sec. .. 1he +egional State !rosecution "ffice: Eunctions of
+egional State !rosecutor. S 1he +egional State !rosecutor shall, under
the control of the Secretary of >ustice, have the following functions:
a) 7mplement policies, plans, programs, memoranda, orders, circulars
and rules and regulations of the <epartment of >ustice relative to the
investigation and prosecution of criminal cases in his region.
b) 5@ercise immediate administrative supervision over all provincial
and city fiscals and other prosecuting officers of provinces and cities
comprised within his region.
c) !rosecute any case arising within the region. 72a<D1
d) Jith respect to his regional office and the offices of the provincial
and city fiscals within his region, he shall:
1) *ppoint such member of subordinate officers and employees as
may be necessary3 and approve transfers of subordinate personnel within
the jurisdiction of the regional office.
&) 7nvestigate administrative complaints against fiscals and other
prosecuting officers within his region and submit his recommendation
thereon to the Secretary of >ustice who shall, after review thereof,
submit the appropriate recommendation to the "ffice of the !resident:
!rovided, that where the Secretary of >ustice finds insufficient grounds
for the filing of charges, he may render a decision of dismissal thereof.
') 7nvestigate administrative complaints against subordinate
personnel of the region and submit his recommendations thereon to the
Secretary of >ustice who shall have the authority to render decision
thereon. emphases supplied)
1he power of administrative supervision is limited to :the authority of
the department or its eAuivalent to generally oversee the operations of
such agencies and to insure that they are managed effectively, efficiently
and economically but without interference with day=to=day activities3 or
reAuire the submission of reports and cause the conduct of management
audit, performance evaluation and inspection to determine compliance
with policies, standards and guidelines of the department3 to ta8e such
action as may be necessary for the proper performance of official
functions, including rectification of violations, abuses and other forms of
maladministration3 and to review and pass upon budget proposals of
such agencies but may not increase or add to them.9 '/ 1his is
distinguished from the power of :supervision and control9 which
includes the authority :to act directly whenever a specific function is
entrusted by law or regulation to a subordinate3 direct the performance
of duty3 restrain the commission of acts3 review, approve, reverse or
modify acts and decisions of subordinate officials or units3 determine
priorities in the e@ecution of plans and programs3 and prescribe
standards, guidelines, plans and programs.9 '4
1he +egional State !rosecutor is clearly vested only with the power
of administrative supervision. *s administrative supervisor, he has no
power to direct the city and provincial prosecutors to inhibit from
handling certain cases. *t most, he can reAuest for their inhibition.
Dence, the said directive of the regional state prosecutor to the city and
provincial prosecutors is Auestionable to say the least.
!etitioner cannot lean on the cases of %alveB and SancheB. 7n those
cases, the special prosecutors were acting under the directive of the
Secretary of >ustice. 1hey were appointed in accordance with law.
?owhere in !.<. ?o. 1&40 is the regional state prosecutor granted the
power to appoint a special prosecutor armed with the authority to file an
information without the prior written authority or approval of the city or
provincial prosecutor or chief state prosecutor. !.<. ?o. 1&40 provides
the manner by which special prosecutors are appointed, to wit:
Sec. 10. Special 2ounsels. S Jhenever the e@igencies of the service
reAuire the creation of positions of additional counsel to assist provincial
and city fiscals in the discharge of their duties, positions of Special
2ounsels may be created by any province or city, subject to the approval
of the Secretary of >ustice, and with salaries chargeable against
provincial or city funds. 1he Secretary of >ustice shall appoint said
Special 2ounsels, upon recommendation of the provincial or city fiscal
and regional state prosecutors concerned, either on permanent or
temporary basis.
Special 2ounsel shall be appointed from members of the bar and shall
be allowed not more than the salary rate provided in this <ecree for the
lowest ran8 or grade of assistant fiscal in the province or city where
assigned. emphases supplied)
Cnder <epartment "rder ?o. '1., '. :<efining the authority, duties
and responsibilities of regional state prosecutors,9 then *cting Secretary
of >ustice Silvestre D. -ello 777 ordered the appointed regional state
prosecutors which included +egional State !rosecutor 1uringan for
+egion ;) to, among others, :i)nvestigate and)or prosecute, upon the
directive of the Secretary of >ustice, specific criminal cases filed within
the region.9 emphasis supplied)
7n the case at bar, there is no pretense that a directive was issued by
the Secretary of >ustice to +egional State !rosecutor 1uringan to
investigate and)or prosecute SSS cases filed within his territorial
jurisdiction. * bare reading of the alleged letter of commendation by
then Secretary Dernando !ereB would show that it does not amount to a
directive or even a recognition of this authority. 7n fact, while the letter
of Secretary !ereB commends the efforts of +egional State !rosecutor
1uringan in successfully prosecuting SSS cases, it also negates his
authority to prosecute them. Secretary !ereB called the +egional State
!rosecutorLs attention to <"> 2ircular ?o. &4, series of &((1, which
states that all important cases of the SSS should be referred to the "ffice
of the %overnment 2orporate 2ounsel. '$ 1hus, +egional State
!rosecutor 1uringan cannot be considered a special prosecutor within
the meaning of the law.
!etitioner argues that the word :may9 is permissive. Dence, there are
cases when prior written approval is not reAuired, and this is one such
instance. 1his is too simplistic an interpretation. Jhether the word
:may9 is mandatory or directory depends on the conte@t of its use. Je
agree with the "S% that the use of the permissive word :may9 should be
read together with the other provisions in the same section of the +ule.
1he paragraph immediately preceding the Auoted provision shows that
the word :may9 is mandatory. 7t states:
Sec. #, +ule 11&. S . . .
Jithin five 0) days from his resolution, he investigating prosecutor)
shall forward the record of the case to the provincial or city prosecutor
or chief state prosecutor, or to the "mbudsman or his deputy in cases of
offenses cogniBable by the Sandiganbayan in the e@ercise of its original
jurisdiction. 1hey shall act on the resolution within ten 1() days from
their receipt thereof and shall immediately inform the parties of such
action. emphasis supplied)
Daving settled that the prior authority and approval of the city,
provincial or chief state prosecutor should have been obtained, we shall
now resolve the more important issue: whether the lac8 of prior written
approval of the city, provincial or chief state prosecutor in the filing of
an information is a defect in the information that is waived if not raised
as an objection before arraignment. D<a*27
Je hold that it is not.
1he provisions in the &((( +evised +ules of 2riminal !rocedure that
demand illumination are Sections ' and $ of +ule 114 in relation to
paragraph ', Section # of +ule 11&, to wit:
+ule 114, Section '. %rounds. S 1he accused may move to Auash the
complaint or information on any of the following grounds:
a) 1hat the facts charged do not constitute an offense3
b) 1hat the court trying the case has no jurisdiction over the
offense charged3
c) 1hat the court trying the case has no jurisdiction over the person of
the accused3
d) 1hat the officer who filed the information had no authority to
do so3
e) 1hat it does not conform substantially to the prescribed form3
f) 1hat more than one offense is charged e@cept when a single
punishment for various offenses is prescribed by law3
g) 1hat the criminal action or liability has been e@tinguished3
h) 1hat it contains averments which, if true, would constitute a
legal e@cuse or justification3 and
i) 1hat the accused has been previously convicted or acAuitted of the
offense charged, or the case against him was dismissed or otherwise
terminated without his e@press consent.
@@@ @@@ @@@
Section $. Eailure to move to Auash or to allege any ground
therefor. S 1he failure of the accused to assert any ground of a motion
to Auash before he pleads to the complaint or information, either because
he did not file a motion to Auash or failed to allege the same in said
motion, shall be deemed a waiver of any objections e@cept those based
on the grounds provided for in paragraphs a), b), g), and i) of section
' of this +ule. emphasis supplied)
+ule 11&, Section #, paragraph ' provides, viB:
?o complaint or information may be filed or dismissed by an
investigating prosecutor without the prior written authority or approval
of the provincial or city prosecutor or chief state prosecutor or the
"mbudsman or his deputy. emphasis supplied)
!rivate respondent and the "S% ta8e the position that the lac8 of
prior authority or approval by the city or provincial prosecutor or chief
state prosecutor is an infirmity in the information that prevented the
court from acAuiring jurisdiction over the case. Since lac8 of jurisdiction
is a defect that may be raised as an objection anytime even after
arraignment, the respondent judge did not err in granting the motion to
dismiss based on this ground. *s basis, they cite the case of ;illa v.
7baTeB, et al. #( where we held, viB:
1he defendant had pleaded to an information before he filed a motion
to Auash, and it is contended that by his plea he waived all objections to
the informations. 1he contention is correct as far as formal objections to
the pleadings are concerned. -ut by clear implication, if not by e@press
provision of section 1( of +ule 11' of the +ules of 2ourt now Section $
of +ule 114), and by a long line of uniform decisions, Auestions of want
of jurisdiction may be raised at any stage of the proceeding. ?ow, the
objection to the respondentLs actuations goes to the very foundation of
the jurisdiction. 7t is a valid information signed by a competent officer
which, among other reAuisites, confers jurisdiction on the court over the
person of the accused and the subject matter of the accusation. 7n
consonance with this view, an infirmity in the information cannot be
cured by silence, acAuiescence, or even by e@press consent. #1
emphasis supplied)
1he case of ;illa is authority for the principle that lac8 of authority on
the part of the filing officer prevents the court from acAuiring
jurisdiction over the case. >urisdiction over the subject matter is
conferred by law while jurisdiction over the case is invested by the act of
plaintiff and attaches upon the filing of the complaint or information. #&
Dence, while a court may have jurisdiction over the subject matter, li8e a
violation of the SSS ,aw, it does not acAuire jurisdiction over the case
itself until its jurisdiction is invo8ed with the filing of the information.
7n the Cnited States, an information has been held as a jurisdictional
reAuirement upon which a defendant stands trial. 1hus, it has been ruled
that in the absence of probable cause, the court lac8s jurisdiction to try
the criminal offense. #' 7n our jurisdiction, we have similarly held that:
Jhile the choice of the court where to bring an action, where there
are two or more courts having concurrent jurisdiction thereon, is a
matter of procedure and not jurisdiction, as suggested by appellant, the
moment such choice has been e@ercised, the matter becomes
jurisdictional. Such choice is deemed made when the proper complaint
or information is filed with the court having jurisdiction over the crime,
and said court acAuires jurisdiction over the person of the defendant,
from which time the right and power of the court to try the accused
attaches. citations omitted) 7t is not for the defendant to e@ercise that
choice, which is lodged upon those who may validly file or subscribe to
the complaint or information under sections & and ' of +ule 1(/ of the
+ules of 2ourt. ## emphasis supplied) *7Da2c
* closer loo8 at ;illa would be useful in resolving the issue at hand.
7n that case, *tty. *belardo Subido, 2hief of the <ivision of
7nvestigation in the "ffice of the Mayor of Manila, was appointed by the
Secretary of >ustice as special counsel to assist the 2ity Eiscal of Manila
in the cases involving city government officials or employees. !ursuant
to his appointment, *tty. Subido filed an information against !edro ;illa
for falsification of a payroll. *tty. SubidoLs authority to file the
information was challenged on the ground that he was disAualified for
appointment under Section 1/./ of the +evised *dministrative 2ode, as
amended by Section # of 2ommonwealth *ct ?o. 1##, to wit:
S52. 1/./. *dditional counsel to assist fiscal. S 1he Secretary of
>ustice may appoint any lawyer, being either a subordinate from his
office or a competent person not in the public service, temporarily to
assist a fiscal or prosecuting attorney in the discharge of his duties, and
with the same authority therein as might be e@ercised by the *ttorney
%eneral or Solicitor %eneral. #0
Je held, viB:
*ppointments by the Secretary of >ustice in virtue of the foregoing
provisions of the +evised *dministrative 2ode, as amended, were
upheld in ,o 2ham vs. "campo et al., ## "fficial %aBette, #0., and %o
2am et al., vs. %atmaitan et al., #4 "fficial %aBette, 0($&). -ut in those
cases, the appointees were officials or employees in one or another of
the bureaus or offices under the <epartment of >ustice, and were rightly
considered subordinates in the office of the Secretary of >ustice within
the meaning of section 1/./, ante.
1he case at bar does not come within the rationale of the above
decisions. *ttorney Subido is a regular officer or employee in the
<epartment of 7nterior, more particularly in the 2ity MayorLs office. Eor
this reason, he belongs to the class of persons disAualified for
appointment to the post of special counsel.
1hat to be eligible as special counsel to aid a fiscal the appointee must
be either an employee or officer in the <epartment of >ustice is so
manifest from a bare reading of section 1/./ of the +evised
*dministrative 2ode as to preclude construction. *nd the limitation of
the range of choice in the appointment or designation is not without
reason.
1he obvious reason is to have appointed only lawyers over whom the
Secretary of >ustice can e@ercise e@clusive and absolute power of
supervision. *n appointee from a branch of the government outside the
<epartment of >ustice would owe obedience to, and be subject to orders
by, mutually independent superiors having, possibly, antagonistic
interests. +eferring particularly to the case at hand for illustration,
*ttorney Subido could be recalled or his time and attention be reAuired
elsewhere by the Secretary of 7nterior or the 2ity Mayor while he was
discharging his duties as public prosecutor, and the Secretary of >ustice
would be helpless to stop such recall or interference. *n eventuality or
state of affairs so undesirable, not to say detrimental to the public service
and specially the administration of justice, the ,egislature wisely
intended to avoid.
1he application of the 1$01 ;illa ruling is not confined to instances
where the person who filed the information is disAualified from being a
special prosecutor under Section 1/./ of the +evised *dministrative
2ode, as amended, but has been e@tended to various cases where the
information was filed by an unauthoriBed officer as in the case at bar. 7n
2ruB, >r. v. Sandiganbayan, et al., #/ the 2ourt held that it is a
fundamental principle that when on its face the information is null and
void for lac8 of authority to file the same, it cannot be cured nor
resurrected by amendment. 7n that case, the !residential 2ommission on
%ood %overnment !2%%) conducted an investigation and filed an
information with the Sandiganbayan against petitioner +oman 2ruB, >r.
charging him with graft and corruption. 1he petitioner sought to Auash
the information on the ground that the crime charged did not constitute a
:Marcos crony related crime9 over which the !2%% had authority to
investigate and file an information. 1he 2ourt found that the crime
alleged in the information was not among those which !2%% was
authoriBed to investigate under 5@ecutive "rders ?o. 1 and 1# of then
!resident 2oraBon *Auino and ruled that the information was null and
void. "f similar import is +omualdeB v. Sandiganbayan, et al. #4 where
we ruled that the information having been filed by an unauthoriBed party
the !2%%), the information was fatally flawed. Je noted that this
defect is not a mere remediable defect of form, but a defect that could
not be cured. S7*5D2
7n 2udia v. 2ourt of *ppeals, et al., #. we also reiterated the ;illa
ruling. 1he accused in that case was apprehended in Mabalacat,
!ampanga for illegal possession of firearms and was brought to *ngeles
2ity where the headAuarters of the arresting officers was located. 1he
2ity !rosecutor of *ngeles 2ity filed an information in the +egional
1rial 2ourt of *ngeles 2ity. Je invalidated the information filed by the
2ity !rosecutor because he had no territorial jurisdiction, as the offense
was committed in Mabalacat, !ampanga and his territorial jurisdiction
was only in *ngeles 2ity. Je held that an information, when reAuired by
law to be filed by a public prosecuting officer, cannot be filed by
another. #$ "therwise, the court does not acAuire jurisdiction. 0( 7t is a
valid information signed by a competent officer which, among other
reAuisites, confers jurisdiction on the court over the person of the
accused and the subject matter thereof. 1he accusedLs plea to an
information may be a waiver of all formal objections to the said
information but not when there is want of jurisdiction. Fuestions relating
to lac8 of jurisdiction may be raised at any stage of the proceeding. *n
infirmity in the information, such as lac8 of authority of the officer
signing it, cannot be cured by silence, acAuiescence, or even by e@press
consent. 01
<espite modifications of the provisions on unauthoriBed filing of
information contained in the 1$#( +ules of 2riminal !rocedure under
which ;illa was decided, the 1$01 ;illa ruling continues to be the
prevailing case law on the matter. 0&
1he 1$#( +ules of 2ourt provided in +ule 11', Section 1( that, if the
defendant fails to move to Auash the complaint or information before he
pleads thereto, he shall be ta8en to have waived all objections which are
grounds for a motion to Auash e@cept 1) :when the complaint or
information does not charge an offense9 or &) :the court is without
jurisdiction of the same.9 emphasis ours) *mong the enumerated
grounds for a motion to Auash under Section & of the same +ule was
:t)hat the fiscal has no authority to file the information.9 Jith only the
above two e@ceptions provided by the 1$#( +ules, the 2ourt
nevertheless made the ;illa ruling that if the filing officer lac8s authority
to file the information, jurisdiction is not conferred on the court and this
infirmity cannot be cured by silence or waiver, acAuiescence, or even by
e@press consent.
1he 1$#( +ules of 2ourt was amended in 1$/#. Jith only minimal
changes introduced, the 1$/# +ules of 2ourt contained provisions on
unauthoriBed filing of information similar to the above provisions of the
1$#( +ules. 0'
1hen came the 1$.0 +ules of 2riminal !rocedure. ,ac8 of authority
of the officer who filed the information was also a ground for a motion
to Auash under these rules. 1he 1$.0 +ules also provided for waiver of
the grounds for a motion to Auash under +ule 114, Section ., but
enumerated the following e@ceptions to the waiver: a) the facts charged
do not constitute an offense3 b) the court trying the case has no
jurisdiction over the offense charged or the person of the accused3 c) the
criminal action or liability has been e@tinguished3 and d) the accused
has been previously convicted or in jeopardy of being convicted, or
acAuitted of the offense charged. *pparently, the want of jurisdiction
under the 1$.0 +ules refers to jurisdiction over the offense and the
person, and not over the case as in ;illa where the court did not acAuire
jurisdiction over the case for lac8 of authority of the officer who filed
the information. Still, despite the enumeration, the 2ourt continued to
apply the ;illa ruling as shown in the afore=cited 2ruB and 2udia cases.
1he 1$.0 +ules was amended in &(((. 1he &((( +evised +ules of
2riminal !rocedure also provide for lac8 of authority of the filing officer
as among the grounds for a motion to Auash and the waiver of these
grounds. Similar to the 1$.0 +ules, the +evised +ules enumerate the
e@ceptions from the waiver, namely: a) that the facts charged do not
constitute an offense3 b) that the court trying the case has no jurisdiction
over the offense charged3 c) that the criminal action or liability has been
e@tinguished3 and d) that the accused has been previously convicted or
acAuitted of the offense charged, or the case against him was dismissed
or otherwise terminated without his e@press consent. Cnder the regime
of the &((( +evised +ules, we reiterated the ;illa ruling in the above=
cited +omualdeB case. Jith the enumeration of the four e@ceptions,
which was almost a replica of the enumeration in the 1$.0 +ules, the
&((( +ules did not intend to abandon ;illa. 1he ;illa ruling subsisted
alongside the enumerated e@ceptions under the 1$.0 +ules, and it
remains to do so under the enumerated e@ceptions under the &((( +ules.
?either the +ationale of the &((( +evised +ules of 2riminal !rocedure
nor the Minutes of the Meeting of the 2ommittee on the +evision of the
+ules of 2ourt evinces any intent to abandon the doctrine enunciated in
;illa.
7n sum, we hold that, in the absence of a directive from the Secretary
of >ustice designating State !rosecutor 1olentino as Special !rosecutor
for SSS cases or a prior written approval of the information by the
provincial or city prosecutor, the information in 2riminal 2ase ?o. +12
&((1=(0$4 was filed by an officer without authority to file the same. *s
this infirmity in the information constitutes a jurisdictional defect that
cannot be cured, the respondent judge did not err in dismissing the case
for lac8 of jurisdiction.
JD5+5E"+5, premises considered, the petition is <5?75<. 1he
respondent courtLs orders dated Eebruary &/, &((& and *pril ', &((& are
*EE7+M5<. 2riminal 2ase ?o. +12 &((1=(0$4 is <7SM7SS5<
without prejudice to the filing of a new information by an authoriBed
officer.
S" "+<5+5<. DS7a*1
Fuisumbing, *ustria=MartineB, 2allejo, Sr. and 1inga, >> ., concur.
2C<7* vs. 2"C+1 "E *!!5*,S
>anuary 1/, 1$$.
D5,<: :*n infirmity in the information, such as lac8 of
authority of the officer signing it, cannot be cured by silence,
acAuiescence, or even by e@press consent.9
01D %+"C?<: 5) 1D*1 71 <"5S ?"1 2"?E"+M
SC-S1*?17*,,I
1" 1D5 !+5S2+7-5< E"+M3
Iou 8now very well the form of complaint or information. Iou go
bac8 to +ule 11( you state the time, the place, etc. then in +ule 11& a
certification is reAuired. 1he fiscal will certify that 7 have conducted the
preliminary investigation, etc. that is the form. 1he fiscal will certify that
the other party has given the chance to be heard. 7f the same was not
afforded the accused, he can move to dismiss the case.
F: ?ow, what is your ground to AuashO
*: Iou say, :7t does not comply with the prescribed form9 because
the correct form reAuires certification. 7t is a ground for a motion to
Auash.
Jhat happens when the defense fails to file a Motion 1o Fuash based
on this ground before arraignmentO
*: 1here is a waiver because the defect is formal not jurisdictional.
/1D %+"C?<: E) 1D*1 M"+5 1D*? "?5 "EE5?S5 7S
2D*+%5< 5P25!1 JD5? * S7?%,5 !C?7SDM5?1 E"+
;*+7"CS "EE5?S5S 7S !+5S2+7-5< -I ,*J3
1his refers to a duplicitous complaint or information when it
charges more than one offense under +ule 11(, Section 1'. 7t is not
allowed. Dowever under +ule 1&(, Section ' it is waivable. 7f the
accused fails to object to it before trial, the court may convict him of as
many offenses as are charged and proved, and impose on him the
penalty for each offense
Dalidit! of duplicitous information
Dima!ac!ac 0. 2&
#36 S2)& 121
4a! 21, 266#
Second Di0ision% &ustria.4artine/, 8.
,uestion%
I& a d'lici%o& in+orma%ion a $alid indic%men%J
&nswer%
Ye&. An acc&ed # 7)o +ail& %o oAEec% 'rior %o arrai(nmen% %o a
d'lici%o& in+orma%ion# ma/ Ae +ond (il%/ o+ an/ or all o+ %)e
crime& alle(ed %)erein and dl/ 'ro$en drin( %)e %rial# +or %)e
alle(a%ion o+ %)e elemen%& o+ &c) com'onen% crime& in %)e &aid
in+orma%ion )a& &a%i&!ed %)e con&%i%%ional (aran%ee %)a% an
acc&ed Ae in+ormed o+ %)e na%re o+ %)e oBen&e 7i%) 7)ic) )e or
&)e i& Aein( c)ar(ed. Veril/# a d'lici%o& in+orma%ion i& $alid
&ince &c) de+ec% ma/ Ae 7ai$ed and %)e acc&ed# Aeca&e o+
&c) 7ai$er# cold Ae con$ic%ed o+ a& man/ oBen&e& a& %)o&e
c)ar(ed.
2. 4ultiple o@enses in a single complaint
People 0. 2onte
2#: S2)& 313
&ugust 23, 1553
'irst Di0ision% Da0ide, 8r., 8.
Issue%
1a/ an acc&ed Ae con$ic%ed o+ 11 con%& o+ ra'e alle(ed in
a &in(le com'lain%J
9eld%
Ye&. W)ile %)e com'lain% c)ar(e& acc&ed o+ &e$eral crime&
o+ ra'e# in $iola%ion o+ Sec. 1*# Rle 11> o+ %)e Rle& o+ Cor%#
7)ic) 'ro$ide& %)a% a com'lain% or in+orma%ion m&% c)ar(e A%
one oBen&e# nder Sec. 1 S *2e3 o+ Rle 11=# %)e acc&ed# Ae+ore
en%erin( )i& 'lea# &)old )a$e mo$ed %o ;a&) %)e com'lain% +or
Aein( d'lici%o&. For )i& +ailre %o do &o# )e i& deemed %o )a$e
7ai$ed %)e de+ec%. 0ence# %)e cor% cold con$ic% )im a& man/
oBen&e& a& are c)ar(ed and 'ro$ed# and im'o&e on )im %)e
'enal%/ +or eac) and e$er/ one o+ %)em.
5? -*?2
G%.+. ?o. ,=.$04. *pril &$, 1$04.H
1D5 !5"!,5 "E 1D5 !D7,7!!7?5S, plaintiff=appellant, vs.
*?<+5S ". E5++5+, defendant=appellee.
>acinto 2alanta for appellee.
Solicitor %eneral *mbrosio !adilla and Solicitor !acifico !. de 2astro
for appellant.
< 5 2 7 S 7 " ?
!*<7,,*, > p:
1his is an appeal from an order of the 2ourt of Eirst 7nstance of
!angasinan, the dispositive part of which states:
Eive 0) days after receipt of a copy of this "rder by the prosecution,
the information in this case shall be deemed Auashed and the bond for
the provisional release of the accused deemed cancelled and released,
unless in the meantime the prosecution amends the information so as to
allege sufficient facts constituting an offense under section 01 of our
+evised 5lection 2ode.
1he information held defective by the trial court reads as follows:
1he undersigned !rovincial Eiscal of !angasinan and the !rovincial
Eiscals of ?ueva 5cija and -atanes, on special detail in !angasinan by
*dministrative "rders ?os. / and 1', dated >anuary 1& and &4, 1$0#,
respectively, of the Secretary of >ustice, accuse *ndres %. Eerrer of the
offense of violation of Sections 01 and 0# in relation to Sections 1.',
1.# and 1.0 of the +evised 5lection 2ode, committed as follows:
1hat on or about the 1(th day of ?ovember, 1$0', 5lection <ay),
and for sometime prior thereto, in the municipality of -inmaley,
province of !angasinan, !hilippines, and within the jurisdiction of this
Donorable 2ourt, the above=named accused, *ndres %. Eerrer, being
then and there a Eoreign *ffairs "fficer, 2lass 777, <epartment of
Eoreign *ffairs, and a classified civil service officer, duly Aualified and
appointed as such, did then and there wilfully, unlawfully, feloniously
and 8nowingly, in utter disregard and defiance of the specific and
several legal prohibitions on the subject, and in disregard of the civil
service rules and regulations, induce, influence, sway and ma8e the
electors vote in favor of the candidates of the ,iberal !arty in the
following manner, to wit: 1) that sometime before the elections on
?ovember 1(, 1$0', the said accused, *ndres %. Eerrer, delivered a
speech during a political rally of the ,iberal !arty in -arrio 2aloocan
?orte, -inmaley, !angasinan, inducing the electors to vote for the
candidates of the ,iberal !arty but more particularly for !resident
Fuirino and Spea8er !ereB3 that during said political meeting the said
accused caused to be distributed to the people who attended said meeting
cigarettes and pamphlets concerning the ,iberal !arty3 and &) that the
said accused, *ndres %. Eerrer, sometime prior to the last elections
campaigned in the -arrio of 2aloocan ?orte, of the said municipality of
-inmaley, going from house to house and induced the electors to whom
he distributed sample ballots of the ,iberal !arty to vote for the
candidates of said !arty.
2ontrary to sections 01 and 0# in relation to Sections 1.', 1.# and
1.0 of +epublic *ct ?o. 1.(, as amended. 2rim. 2ase ?o. &('&(.).
1he defendant moved to Auash the information on the ground that it
charges more than one offense and that the facts alleged in the
information do not constitute a violation of either section 01 or section
0# of the +evised 5lection 2ode.
1he trial court is of the opinion that causing cigarettes or pamphlets
concerning the ,iberal !arty to be distributed to the people who attended
a political meeting, charged against the defendant, does not constitute a
violation of section 01 of the +evised 5lection 2ode, because it is not
giving RfoodR for tobacco is not food3 nor does it constitute a violation of
that part of section 01 which ma8es unlawful the contributing or giving,
directly or indirectly, of money or things of value, because the
information merely charges the defendant with having caused cigarettes,
etc. to be distributed, and it does not state that the cigarettes belonged to
the defendant and were being given away by him as his contribution for
electioneering purposes. 1rue, cigarettes are not food, but they have and
are of value and the charge that the defendant caused cigarettes and
pamphlets concerning the ,iberal !arty to be distributed to the people
who attended a political meeting mentioned in the information is a
sufficient allegation that he gave or contributed things of value for
electioneering purposes. 7f the cigarettes did not belong to him, that is a
matter of defense. 1he trial court is also of the opinion that the defendant
is not a classified civil service officer or employee, because to be such it
is necessary that he be assigned in the <epartment of Eoreign *ffairs
under section /, +epublic *ct. ?o. 4(. and if and when thus assigned he
will for purposes of civil service law and regulations, be considered as
first grade civil service eligible,R and that even if the prosecution could
establish that the defendant at the time of the commission of the
violation charged was assigned in the <epartment of Eoreign *ffairs
under the section just mentioned, still such assignment would not ma8e
him a classified civil service officer embraced within the provisions of
section 0# of the +evised 5lection 2ode, for, according to the trial court,
section /4( of the +evised *dministrative 2ode provides that the
classified civil service embraces all persons not e@pressly declared to be
in the unclassified civil service and section /41 enumerates the persons
embraced in the unclassified civil service, and concludes that the
defendant is in the unclassified civil service under section /41,
paragraph b, of the +evised *dministrative 2ode, because the defendant
was appointed by the !resident first as Eoreign *ffairs "fficer, 2lass 777,
<epartment of Eoreign *ffairs, and later on as ;ice=2onsul, the last
appointment having been duly confirmed by the 2ommission on
*ppointments, and that the assignment or detail in the <epartment of
Eoreign *ffairs would ma8e him by mere legal fiction a first grade civil
service eligible under section /, +epublic *ct ?o. 4(..
1he reason advanced by the trial court are defense matters. 1he
allegation in the information that the defendant is Ra classified civil
service officer, duly Aualified and appointed as such,R for purposes of
the motion to Auash, is deemed admitted. 1he trial court cannot go
beyond the allegations of the information.
?evertheless, the information is defective, because it charges two
violations of the +evised 5lection 2ode, to wit: section 01 to which a
heavier penalty is attached, and section 0# for which a lighter penalty is
provided. *nd the prosecuting attorneys had that in mind when at the
end of the information filed by them they stated: R2ontrary to Sections
01 and 0# in relation to Sections 1.', 1.# and 1.0 of +epublic *ct ?o.
1.(, as amended.R 2ausing cigarettes which are things of value to be
distributed, made unlawful by section 01 and punished by section 1.',
cannot be deemed a necessary means to commit the lesser violation of
section 0# were the penalty attached to it ta8en into consideration. 1he
rule in the case of !eople vs. -uenviaje, #4 !hil., 0'/, cited and invo8ed
by the State, has no application to the case, because there the defendant,
who was not a duly licensed physician, gave medical assistance and
treatment to a certain person and advertised himself and offered services
as a physician by means of cards and letterheads and advertisements in
the newspapers, the latter being a means to commit the former, and both
violations are punishable with the same penalty, whereas in the present
case causing cigarettes or things of value to be distributed by the
defendant to the people who attended a political meeting is a violation
distinct from that of electioneering committed by a classified civil
service officer or employee. 1he former has no connection with the
latter.
7f the penalty provided for violation of sections 01 and 0# were the
same as in the case of the violation of the Medical ,aw, the rule in the
case of !eople vs. -uenviaje, supra, might be invo8ed and applied.
1hat a violation of section 01 is distinct from that of section 0# is
further shown by the fact that a violation of the former may be
committed by any candidate, political committee, voter or any other
person, whereas a violation of the latter may only be committed by a
justice, judge, fiscal, treasurer or assessor of any province, officer or
employee of the *rmy, member of the national, provincial, city,
municipal or rural police force, and classified civil service officer or
employee.
Cnder the information in Auestion, if the charges be proved, the
defendant may be convicted and sentenced under either section or both.
1he rule enjoining the charging of two or more offenses in an
information has for aim to give the defendant the necessary 8nowledge
of the charge to enable him to prepare his defense. 1he State should not
heap upon the defendant two or more charges which might confuse him
in his defense.
1he order appealed from is affirmed, not upon the grounds relied
upon by the trial court, but on the ground that the information charges
two different violations, without pronouncement as to costs.
-engBon, Montemayor, +eyes, *., -autista *ngelo, ,abrador,
2oncepcion, +eyes, >.-.,., 5ndencia and Eeli@, >>., concur.
41D %+"C?<: %) 1D*1 1D5 2+7M7?*, *217"? "+
,7*-7,71I D*S -55? 5P17?%C7SD5<
F: Dow is criminal liability e@tinguishedO
*: Cnder *rticle .$ of the +!2:
1.)by death of the convict3
&.)by service of sentence3
'.)by amnesty3
#.)by absolute pardon3
0.)by prescription of the crime3
/.)by prescription of the penalty
7asis of computing prescription
People 0. 4ara0illa
1=3 S2)& 352
Septemer 15, 1511
'irst Di0ision% 2ru/, 8.
'acts%
Acc&ed# a la7/er# 7a& c)ar(ed 7i%) ac%& o+
la&ci$io&ne&& +or (raAAin( %)e Area&% o+ a &ale& lad/. T)e
ca&e 7a&# )o7e$er# di&mi&&ed &o %)a% an amended com'lain%
+or nE&% $eGa%ion 7a& !led a(ain&% )im D* da/& a+%er %)e
commi&&ion o+ %)e oBen&e. Acc&ed !led a mo%ion %o ;a&)
on %)e (rond o+ 're&cri'%ion.
Issue%
S)old %)e 'eriod o+ 're&cri'%ion Ae recIoned Aa&ed on
%)e !lin( o+ %)e ori(inal com'lain% +or ac%& o+ la&ci$io&ne&&
or %)e amended in+orma%ion +or nE&% $eGa%ionJ
9eld%
Pre&cri'%ion &%o''ed +rom %)e %ime %)e com'lain% +or
ac%& o+ la&ci$io&ne&& 7a& !led. T)e crime o+ nE&%
$eGa%ion# 7)ile concededl/ diBeren% +rom %)e crime o+ ac%&
o+ la&ci$io&ne&&# i& emAraced A/ %)e la%%er and 'ro&ec%ion
+or %)i& crime 7ill &&'end %)e 'eriod o+ 're&cri'%ion +or %)e
+ormer crime. A common c)arac%eri&%ic o+ %)e " oBen&e& i&
mole&%a%ion o+ %)e oBended 'ar%/. W)ere i% i& no% &)o7n %)a%
%)i& 7a& accom'anied A/ le7d de&i(n&# %)e acc&ed ma/ no%
Ae con$ic%ed o+ ac%& o+ la&ci$io&ne&& A% ma/ ne$er%)ele&&
Ae )eld (il%/ o+ nE&% $eGa%ion# a& %)e le&&er oBen&e.
I% i& &e%%led %)a% 7)a% con%rol& i& no% %)e de&i(na%ion o+
%)e oBen&e A% i%& de&cri'%ion in %)e com'lain% or
in+orma%ion. 0ence# e$en i+ %)e crime alle(ed in %)e
com'lain% !r&% !led# 7a& eG're&&l/ denomina%ed ac%& o+
la&ci$io&ne&&# %)e 're&cri'%i$e 'eriod +or %)e crime o+ nE&%
$eGa%ion 7a& in%err'%ed Aeca&e %)a% 7a& %)e crime
de&criAed A/ %)e com'lainan%. T)e erroneo& de&i(na%ion
ma/ Ae di&re(arded a& &'erNi%/.
.1D %+"C?<: D) 1D*1 71 2"?1*7?S *;5+M5?1S JD72D, 7E
1+C5, J"C,< 2"?S171C15 * ,5%*, 5P2CS5 "+
>CS17E72*17"?
1he complaint or information contains averments which if true would
show that you are ?"1 liable.
S71C*17"?: 1he information says that there is a case of homicide
because in such certain date +ose stabbed +ucel because +ucel tried to
stab +ose first. 1he information is admitting that +ose acted in self=
defense. !rosecutor himself admits that +ose acted in self=defense.
1herefore, the information admits the e@istence of a justifying
circumstance.
S71C*17"?: Iou are charged for committing a crime and when you
committed it, you are out of your mind. 1hus, it admits insanity. So you
can move to Auash on the ground that the information admits that you
are insane.
1hat is what is meant by a complaint or information which contains
averments which if true, constitute a legal e@cuse or justification. "f
course this is very rare. Jhy will the fiscal allege in the information
something that is favorable to youO 1his is very Aueer.
"ne of the most interesting case here is the 1$$# case of
<*?%C7,*?=;71C% vs. 2"C+1 "E *!!5*,S
&'& S2+* #/( G1$$#H
E*21S: <anguilan was a columnist in a newspaper and was
charged for libel for writing in a column something which is
discriminating. *ccording to her the information should be
Auashed because it was a privileged communication.
D5,<: ?", it cannot be Auashed because of :paragraph GgH
of Section ' +ule 114 which states that the accused may move
to Auash the complaint or information where it contains
averments which, if true, would constitute a legal e@cuse or
justification. Dence, for the alleged privilege to be a ground for
Auashing the information, the same should have been averred in
the information itself.9 Meaning, the information should admit
that it is privileged in nature. 7f it is not stated there, then it is
not admitted.
:1he privilege should be absolute, not only Aualified. Jhere,
however, these circumstances are not alleged in the information,
Auashal is not proper as they should be raised and proved as
defenses. Jith more reason is it true in the case of merely
Aualifiedly privileged communications because such cases
remain actionable since the defamatory communication is
simply presumed to be not malicious, thereby relieving the
defendant of the burden of proving good intention and
justifiable motive. 1he burden is on the prosecution to prove
malice. 1hus, even if the Aualifiedly privileged nature of the
communication is alleged in the information, it cannot be
Auashed especially where prosecution opposes the same so as
not to deprive the latter of its day in court, but prosecution can
only prove its case after trial on the merits.9
$1D %+"C?<: 7) 1D*1 1D5 *22CS5< D*S -55? !+5;7"CS,I
2"?;7215< "+ *2FC7115< "E 1D5 "EE5?S5 2D*+%5<, "+
1D5 2*S5 *%*7?S1 D7M J*S <7SM7SS5< "+ "1D5+J7S5
15+M7?*15< J71D"C1 D7S 5P!+5SS 2"?S5?1.
1his is 8nown as the defense against double jeopardy. 1he double
jeopardy as a ground for a motion to Auash is the most complicated
ground. 1his is related to Section 4.
F: <efine jeopardyO
*: >eopardy is the peril in which a person is put when he is regularly
charged with a crime before a tribunal properly organiBed and competent
to try him. 2ommonwealth vs. EitBpatric8, 1 ,+* #01)
Section &1, *rticle 777 of the 1$.4 2onstitution states:
Section &1. ?o person shall be twice put in jeopardy of punishment
for the same offense. 7f an act is punished by a law and an ordinance,
conviction or acAuittal under either shall constitute a bar to another
prosecution for the same act.
Cnder *rticle ', Section &1, there are two &) sentences:
1.):?o person shall be twice put in jeopardy of punishment for the
same offense.9 and
&.):7f an act is punished by a law or ordinance, conviction or
acAuittal in either shall constitute a bar to another prosecution
for the same act.9
1he first sentence is what you call protection against double jeopardy
of punishment for the same offense. 1he second sentence is what you
call the protection against double jeopardy for the punishment of the
same act. So there is double jeopardy for the same offense and double
jeopardy for the same act. 1he second sentence is not the same offense,
but it is the same act.
1he second sentence says that the act is punished by a law passed by
2ongress and it iis also punished for e@ample, by an ordinance passed by
the 2ity or Municipal 2ouncil. So it is a crime under the municipal or
city ordinance and also under the national law. 7t is not the same crime
because it is punished by two laws, so there must be two crimes.
Dowever the sentence says, that if you are acAuitted or prosecuted
under the national law, you cannot anymore be acAuitted or convicted
under the city or municipal ordinance all over again or vice=versa. Iou
are protected for the same act not for the same offense.
?ow, the best illustrative case comparing the first and the second
sentences is the 1$.4 case of !5"!,5 vs. +5,";*, infra where >ustice
Eeliciano traced the history of double jeopardy staring from the 1$'0
2onstitution.
!5"!,5 vs. +5,";*
1#. S2+* &$&
E*21S: 1he accused installed an electrical connection
without permit. De was charged with theft under the +!2 theft
of electricity. *nd it so happened that in that place, there was an
ordinance passed by the municipal council ma8ing it a crime for
you to ma8e an electrical connection without permit.
So he was charged both for violation of the +!2 and the
municipal ordinance. 1he accused filed a motion to Auash the
second information, stating that he has already been charged for
theft of electricity. 1he prosecution contended that the first
charge was theft under the +!2 and the prosecution is charging
him not for theft but for illegal electrical connection under the
municipal ordinance.
7SSC5 Q1: Jhat is the reason why there are & rules in the
provision on double jeopardyO
D5,<: :7f the second sentence of the double jeopardy
provision had not been written into the 2onstitution, conviction
or acAuittal under a municipal ordinance would never constitute
a bar to another prosecution for the same act under a national
statute. *n offense penaliBed by municipal ordinance is, by
definition, different from an offense under a statute. 1he two
offenses would never constitute the same offense having been
promulgated by different rule=ma8ing authorities S though one
be subordinate to the other S and the plea of double jeopardy
would never be. 1he discussions during the 1$'#=1$'0
2onstitutional 2onvention show that the second sentence was
inserted precisely for the purpose of e@tending the constitutional
protection against double jeopardy to a situation which would
not otherwise be covered by the first sentence.9
7SSC5 Q&: Jas there double jeopardyO
D5,<: 1he purpose of installing illegal connection is to steal
electricity, which is also theft. 7n other words, it is the same act
of installing which is punishable. Since you are acAuitted or
convicted under the national law, you cannot be prosecuted
under a municipal law. Iou are protected by the second sentence
of double jeopardy in the 2onstitution: :7f an act is punished by
a law or ordinance, conviction or acAuittal in either shall
constitute a bar to another prosecution for the same act.9
Dowever, Section 4 is not concerned with the second sentence but
with the first sentence the protection against double jeopardy from
being punished for the same offense. 1his is similar to res adjudicate in
civil cases. 1he S2 e@plained the rational behind the double jeopardy
rule in the case of
M*,,*+7 vs. !5"!,5
1/. S2+* #&&
D5,<: :1he rule against double jeopardy protects the
accused not against the peril of second punishment but against
being tried for the same offense. Jithout the safeguard this rule
establishes in favor of the accused, his fortune, safety and peace
of mind would be entirely at the mercy of the complaining
witness who might repeat his accusation as often as it is
dismissed by the court and whenever he might see fit, subject to
no other limitation or restriction than his will and pleasure. 1he
accused would never be free from the cruel and constant menace
of a never ending charge, which the malice of a complaining
witness might hold indefinitely suspended over his head.9
Section 4, +ule 114 of the +evised +ules on 2riminal !rocedure
provides:
S52. 4. Eormer conviction or acAuittal3 double jeopardy. S Jhen an
accused has been convicted or acAuitted, or the case against him
dismissed or otherwise terminated without his e@press consent by a court
of competent jurisdiction, upon a valid complaint or information or other
formal charge sufficient in form and substance to sustain a conviction
and after the accused had pleaded to the charge, the conviction or
acAuittal of the accused or the dismissal of the case shall be a bar to
another prosecution for the offense charged, or for any attempt to
commit the same or frustration thereof, or for any offense which
necessarily includes or is necessarily included in the offense charged in
the former complaint or information. 7aD<c1
Dowever, the conviction of the accused shall not be a bar to another
prosecution for an offense which necessarily includes the offense
charged in the former complaint or information under any of the
following instances:
a)the graver offense developed due to supervening facts arising from
the same act or omission constituting the former charge3
b) the facts constituting the graver charge became 8nown or
were discovered only after a plea was entered in the former complaint or
information3 or
c)the plea of guilty to the lesser offense was made without the
consent of the prosecutor and of the offended party e@cept as provided in
section 1 f) of +ule 11/.
7n any of the foregoing cases, where the accused satisfies or serves in
whole or in part the judgment, he shall be credited with the same in the
event of conviction for the graver offense.
Jhat are the elements of double jeopardyO
1hus, apparently, to raise the defense of double jeopardy, three
reAuisites must be present: 1) a first jeopardy must have attached prior
to the second3 &) the first jeopardy must have been validly terminated3
and ') the second jeopardy must be for the same offense as that in the
first.
,egal jeopardy attaches only a) upon a valid indictment, b) before a
competent court, c) after arraignment, d) a valid plea having been
entered3 and e) the case was dismissed or otherwise terminated without
the e@press consent of the accused !eople vs. Ilagan, 0. !hil. .01).
E@ect of pendenc! of two E2F cases
People 0. Pineda
215 S2)& 1
'eruar! 1=, 1553
En 7anc% 4elo, 8.
,uestion%
W)ile %)e " in+orma%ion& +or %)e &ame oBen&e are &%ill
'endin( a(ain&% acc&ed# ma/ )e !le a mo%ion %o ;a&) in$oIin(
doAle Eeo'ard/J
&nswer%
No. T)e mere !lin( o+ " in+orma%ion& c)ar(in( %)e &ame
oBen&e doe& no% /e% aBord %)e acc&ed in %)o&e ca&e& %)e
occa&ion %o com'lain %)a% )e i& Aein( 'laced in Eeo'ard/ %7ice +or
%)e &ame oBen&e# +or %)e &im'le rea&on %)a% %)e 'rimar/ Aa&i& o+
%)e de+en&e o+ doAle Eeo'ard/ i& %)a% %)e acc&ed )a& alread/
Aeen con$ic%ed or ac;i%%ed in %)e !r&% ca&e or %)a% %)e &ame )a&
Aeen %ermina%ed 7i%)o% )i& con&en%.
Sec. :
)e?uisites to Place the &ccused in Doule 8eopard!
1. T)e acc&ed 7a& c)ar(ed 'on a $alid com'lain% or
in+orma%ion9
". 0e 7a& %ried in a cor% o+ com'e%en% Eri&dic%ion9
*. 0e )a& Aeen arrai(ned and )a& 'leaded %o %)e c)ar(e made
a(ain&% )im9
,. 0e )a& Aeen con$ic%ed or ac;i%%ed# or %)e ca&e a(ain&% )im
di&mi&&ed or
o%)er7i&e %ermina%ed 7i%)o% )i& eG're&& con&en%
-. 0e i& 'ro&ec%ed ane7 +orM
1. T)e oBen&e c)ar(ed# or
". An/ a%%em'% %o commi% %)e &ame# or an/ +r&%ra%ion
%)ereo+#
*. An/ oBen&e 7)ic)M
1. nece&&aril/ inclde& %)e oBen&e c)ar(ed in %)e
+ormer com'lain% or in+orma%ion# or
". i& nece&&aril/ inclded in %)e oBen&e c)ar(ed in %)e
+ormer
com'lain% or in+orma%ion
When the con0iction of accused shall not e a ar to
another prosecution for an o@ense which necessaril!
includes the o@ense charged in the former complaint or
information%
1. T)e (ra$er oBen&e de$elo'ed de %o &'er$enin( +ac%& ari&in(
+rom %)e &ame
ac% or omi&&ion con&%i%%in( %)e +ormer c)ar(e9
". T)e +ac%& con&%i%%in( %)e (ra$er c)ar(e Aecame Ino7n or
7ere di&co$ered
onl/ a+%er a 'lea 7a& en%ered in %)e +ormer com'lain% or
in+orma%ion9 or
*. T)e 'lea o+ (il%/ %o %)e le&&er oBen&e 7a& made 7i%)o% %)e
con&en% o+M
1. %)e 'ro&ec%or# and
". %)e oBended 'ar%/ eGce'% 7)enM
1. %)e oBended 'ar%/ +ail& %o a''ear de&'i%e de no%ice#
or
". %)ere i& no 'ri$a%e oBended 'ar%/
1. )e?uisites for doule "eopard!
&lonto 0. People
##3 S2)& =2#
Decemer 5, 266#
'irst Di0ision% &/cuna, 8.
,uestion%
W)a% are %)e re;i&i%e& +or %)e de+en&e o+ doAle Eeo'ard/J
&nswer%
T)e +ollo7in( are %)e re;i&i%e& +or %)e de+en&e o+ doAle
Eeo'ard/ %o Ae a$ailaAleM 415 a com'lain% o+ in+orma%ion or o%)er
+ormal c)ar(e &?cien% in +orm and &A&%ance %o &&%ain a
con$ic%ion9 4"5 %)e com'lain% or in+orma%ion m&% Ae !led Ae+ore a
cor% o+ com'e%en% Eri&dic%ion9 4*5 %)e acc&ed )a& Aeen
arrai(ned and )a& 'leaded %o %)e c)ar(e9 4,5 %)e acc&ed m&%
)a$e Aeen con$ic%ed or ac;i%%ed or %)e ca&e a(ain&% )im 7a&
di&mi&&ed or o%)er7i&e %ermina%ed 7i%)o% )i& eG're&& con&en%.
W)en all %)e aAo$e elemen%& concr# a &econd 'ro&ec%ion
+or 4a5 %)e &ame oBen&e# or 4A5 an a%%em'% %o commi% %)e &aid
oBen&e# or 4c5 a +r&%ra%ion o+ %)e &aid oBen&e# or 4d5 an/ oBen&e
7)ic) nece&&aril/ inclde&# or i& nece&&aril/ inclded in# %)e !r&%
oBen&e c)ar(ed# i& Aarred.
F: -ar Fuestion: Jhat are the reAuisites of double jeopardyO
*: 1he S2 tried to compressed that & paragraphs of Section 4) in
only ' sentences in the case of
!5"!,5 vs. -"2*+ 1'. S2+* 1//) reiterated in
!*?%*? vs. !5"!,5 100 S2+* #0)
D5,<: 1o raise the defense of double jeopardy, three ')
reAuisites must be present:
1.)1he first jeopardy must have been attached prior to the
second3
&.)1he first jeopardy must be validly terminated3 and
'.)1he second jeopardy must be for the same offense as
that of the first.
*.) JD*1 *+5 1D5 +5FC7S715S "E <"C-,5 >5"!*+<I
7? "+<5+ 1" *11*2DO
-.) 7? JD*1 7?S1*?25S M*I 1D5 *22CS5< 7?;"65
1D5 !+"15217"? "E <"C-,5 >5"!*+<IO and
2.) *SSCM7?% 1D*1 *,, 1D5 +5FC7S715S "E <"C-,5
>5"!*+<I, 1D5 *22CS5< 7S !+"15215< *%*7?S1
E+"M JD*1 "EE5?S5O
7n effect, Section 4 tal8s of those three. ,etLs start with the first one:
*.) JD*1 *+5 1D5 +5FC7S715S "E <"C-,5 >5"!*+<I 7?
"+<5+ 1" *11*2DO
F: Jhen does the first jeopardy attachO
*: 7t attaches when the following reAuisites are present:
1. 1he former complaint or information is valid3
&. 7t was filed in a court of competent jurisdiction3
'. 1he accused had been arraigned under said complaint or
information3 and
#. 1he accused had pleaded to the same.
1D5 E"+M5+ 2"M!,*7?1 "+ 7?E"+M*17"? 7S ;*,7<
F: Jhen is a complaint or information valid within the meaning of
the double jeopardy ruleO
*: 1he reAuisites are:
1. if it charges an offense3 !eople vs. *ustria, $# !hil. .$4)
&. if it is filed by a person or officer legally authoriBed to do so.
!eople vs. 6ho, $4 !hil. .&0)
2*S5: *n information was filed against Mr. *celar for theft. Mr.
*celar moved to Auash on the ground that the information does not
charge any offense. 1he court agreed and the information was Auashed.
So, the fiscal corrected the information and re=filed it. Mr. *celar moved
to Auash on the ground of double jeopardy. 7s there double jeopardyO
*: 1here is no double jeopardy for the following reasons:
1. 1he dismissal of the first information was on motion of the
accused. 1herefore, it was a dismissal with his e@press consent.
<iyan palang, tumba 8a naV
&. 1he accused moved to Auash the first information on the ground
that it did not charge an offense. 1herefore, it was not a valid
information. So, the accused was never in jeopardy. !eople vs.
+eyes, $. !hil. /#/)
2. Dalid complaint or information
a. 'iling ! unauthori/ed o$cer
2udia 0. 2&
21# S2)& 1:3
8anuar! 1=, 1551
<hird Di0ision% )omero, 8.
'acts%
For 'o&&e&&in( a .*D re$ol$er in 1aAalaca%# Pam'an(a#
%)e An(ele&Ci%/ Pro&ec%or !led a ca&e +or ille(al 'o&&e&&ion
o+ !rearm& a(ain&% acc&e 7)ic) 7a& raZed %o RTC# <ranc)
-8# in An(ele& Ci%/. For mon%)& la%er# )e Pam'an(a
Pro$incial Pro&ec%or !led a &imilar ca&e a(ain&% acced +or
%)e &ame inciden% 7)ic) 7a& raZed al&o %o %)e &ame
<ranc). A& %)e crime 7a& 7i%)in %)e Eri&dic%ion o+ %)e
Pam'an(a Pro$incial Pro&ec%or# %)e An(ele& Ci%/ Pro&ec%or
mo$ed %o di&mi&& %)e ca&e )e !led 7)ic) 7a& (ran%ed o$er
%)e oAEec%ion o+ acc&ed. La%er# acc&ed al&o mo$ed +or %)e
di&mi&&al o+ %)e remainin( ca&e on %)e (rond o+ doAle
Eeo'ard/.
Issue%
I& acc&ed correc%J
9eld%
No. For Eeo'ard/ %o a%%ac) %)ere m&% Ae a $alid
com'lain% or in+orma%ion. T)e in+orma%ion !led A/ %)e
An(ele& Ci%/ Pro&ec%or i& de+ec%i$e &ince )e i& no% %)e
'ro'er o?cer 7)o i& a%)ori6ed A/ la7 %o 're'are
in+orma%ion& +or oBen&e& commi%%ed in Pam'an(a A%
o%&ide An(ele& Ci%/. A& &aid ci%/ 'ro&ec%or )ad no a%)ori%/
%o !le %)e in+orma%ion# %)e di&mi&&al o+ %)e !r&% in+orma%ion
7old no% Ae a Aar %o a &A&e;en% 'ro&ec%ion. In addi%ion#
i% i& no% correc% %o &a/ %)a% +ailre o+ %)e acc&ed %o a&&er%
%)e lacI o+ a%)ori%/ o+ %)e ci%/ 'ro&ec%or drin(
arrai(nmen% i& deemed a 7ai$er. Onl/ a $alid in+orma%ion
con+er& Eri&dic%ion on %)e cor% and ;e&%ion& o+ Eri&dic%ion
ma/ Ae rai&ed a% an/ &%a(e o+ %)e 'roceedin(&.
. 'alsifed or tampered information
Haso! 0. Senarosa
#33 S2)& 3=6
&pril 12, 2663
Second Di0ision% 2hico.-a/ario, 8.
'acts%
Acc&ed 7a& c)ar(ed o+ &ellin( ,"., Iilo& o+ mariEana.
<e+ore arrai(nmen%# &omeone %am'ered 7i%) %)e in+orma%ion
%o maIe i% a''ear %)a% )e onl/ &old ,"., (ram&. On
arrai(nmen%# )e 'leaded (il%/ and 7a& &en%enced %o
im'ri&onmen% o+ 8 mon%)& and 1 da/. T)erea+%er# )e a''lied
+or 'roAa%ion. A+%er di&co$erin( %)e +al&i!ca%ion o+ %)e
in+orma%ion# %)e 'ro&ec%or amended %)e in+orma%ion %o
c)ar(e )im 7i%) %)e &ale o+ ,"., Iilo& o+ mariEana.
Issue%
A+%er an in+orma%ion )a& Aeen !led and acc&ed )ad
Aeen arrai(ned# 'leaded (il%/ and 7a& con$ic%ed and a+%er
)e )ad a''lied +or 'roAa%ion# ma/ %)e in+orma%ion Ae
amended and %)e acc&ed arrai(ned ane7 on %)e (rond
%)a% %)e in+orma%ion 7a& alle(edl/ al%ered:%am'ered 7i%)J
9eld%
No. T)e in+orma%ion c)ar(in( acc&ed o+ 'o&&e&&ion o+
,"., (ram& o+ mariEana i& $alid con&iderin( %)a% i%
&?cien%l/ alle(e& %)e manner A/ 7)ic) %)e crime 7a&
commi%%ed. Ar%. III# Sec. "1# o+ %)e 1FD= Con&%i%%ion
manda%e& %)a% no 'er&on &)all Ae %7ice '% in Eeo'ard/ o+
'ni&)men% +or %)e &ame oBen&e. In %)i& ca&e# i% Aear&
re'ea%in( %)a% %)e acc&ed )ad Aeen arrai(ned and
con$ic%ed nder %)e in+orma%ion. Gran%in( %)a% %)e al%era%ion
%ooI 'lace and acc&ed )ad a )and in i%# %)i& doe& no% E&%i+/
%)e &e%%in( a&ide o+ %)e deci&ion. T)e %am'erin( alle(edl/
'ar%ici'a%ed in A/ %)e acc&ed ma/ 7ell Ae %)e &AEec% o+
ano%)er in;ir/.
71 7S E7,5< 7? * 2"C+1 "E 2"M!515?1 >C+7S<7217"?
2*S5: * case of homicide is filed in the M123 that will be dismissed
in M12 for lac8 of jurisdiction. -ut that can be cured if the fiscal will
file the information of homicide in the +12. 7s there double jeopardyO
*: ?one. 1he accused was never in jeopardy because the first
information was filed before the wrong court. 1here was no danger of
being convicted based on the case filed. !eople vs. Salico, .# !hil.
4&&)
3. 'iling efore competent court
a. Where court has no "urisdiction
7ina! 0. Sandigana!an
31= S2)& =3
Actoer 1, 1555
En 7anc% ;apunan, 8.
'acts%
On 1a/ 18# 1FF-# R.A. =F=- %ooI eBec% $e&%in( in %)e
Snadi(anAa/aA 4S<5 eGcl&i$e Eri&dic%ion %o %r/ cer%ain
criminal ca&e& commi%%ed A/ mnici'al ma/or&# amon(
o%)er&. On A(. 11# 1FF-# de&'i%e %)e ne7 la7# %)e
OmAd&man c)ar(ed acc&ed mnici'al ma/or Ae+ore %)e
RTC 7i%) $iola%ion o+ Sec. *2e3 o+ R.A. *>1F. On FeA. F# 1FF8#
ano%)er in+orma%ion +or %)e &ame oBen&e 7a& !led A/ %)e
OmAd&man a(ain&% %)e acc&ed# %)i& %ime Ae+ore %)e S<.
A+%er 'leadin( (il%/ %o %)e c)ar(e Ae+ore %)e RTC# acc&ed
mo$ed %o ;a&) %)e in+orma%ion in %)e S< on %)e (rond o+
doAle Eeo'ard/.
Issue%
I& acc&ed correc%J
9eld%
T)e !lin( o+ %)e in+orma%ion in %)e S< did no% '%
acc&ed in doAle Eeo'ard/ e$en %)o() )e )ad 'leaded
Kno% (il%/L %o %)e in+orma%ion earlier !led in %)e RTC. T)e
!r&% Eeo'ard/ ne$er a%%ac)ed in %)e !r&% 'lace# %)e RTC no%
Aein( a cor% o+ com'e%en% Eri&dic%ion. T)ere can Ae no
doAle Eeo'ard/ 7)ere %)e acc&ed en%ered a 'lea in a cor%
%)a% )ad no Eri&dic%ion. T)e remed/ o+ %)e acc&ed#
%)ere+ore# 7a& no% %o mo$e +or %)e ;a&)al o+ %)e in+orma%ion
'endin( in %)e S< on %)e (rond o+ doAle Eeo'ard/. T)eir
remed/ &)old )a$e Aeen %o mo$e +or %)e ;a&)al o+ %)e
in+orma%ion 'endin( in %)e RTC on %)e (rond o+ lacI o+
Eri&dic%ion.
#. &ccused has een arraigned
a. Dismissal efore arraignment
'lores 0. 8o0en
35# S2)& 335
Decemer 2:, 2662
Second Di0ision% &ustria.4artine/, 8.
'acts%
Acc&ed 7a& c)ar(e 7i%) ra'e. <e+ore arrai(nmen%# )e
!led a 1o%ion %o @a&) %)e in+orma%ion# 7)ic) 7a& (ran%ed
A/ %)e RTC on %)e (rond %)a% acc&ed 7a& no% iden%i!ed a&
one o+ %)e cl'ri%& A/ %)e $ic%im and %)e in+orma%ion +ailed %o
&)o7 )i& 'ar%ici'a%ion. T)e 'ri$a%e 'ro&ec%or !led a &'ecial
ci$il ac%ion +or cer%iorari %o ;e&%ion %)e order o+ %)e RTC.
Issue%
Will re$ie7 o+ %)e order $iola%e %)e ri()% o+ %)e acc&ed
%o doAle Eeo'ard/J
9eld%
No. T)e re;i&i%e& %)a% m&% Ae 're&en% +or doAle
Eeo'ard/ %o a%%ac) areM 2a3 a $alid com'lain% or in+orma%ion9
2A3 a cor% o+ com'e%en% Eri&dic%ion9 2c3 %)e acc&ed )a&
'leaded %o %)e c)ar(e9 and 2d3 %)e acc&ed )a& Aeen
con$ic%ed or ac;i%%ed or %)e ca&e di&mi&&ed or %ermina%ed
7i%)o% )i& eG're&& con&en%. T)e %)ird re;i&i%e i& no%
're&en% in %)i& ca&e Aeca&e acc&ed )a& no% Aeen
arrai(ned.
. 2onditional arraignment
People 0. Espinosa
#65 S2)& 23=
&ugust 13, 2663
<hird Di0ision% Panganian, 8.
'acts%
Acc&ed 7a& c)ar(ed 7i%) a%%em'%ed e&%a+a and
a%%em'%ed corr'%ion o+ 'Alic o?cer& Ae+ore %)e
Sandi(anAa/an. 0e mo$ed +or rein$e&%i(a%ion &o %)a% %)e
ca&e 7a& remanded %o %)e OmAd&man +or ree$ala%ion o+
e$idence. 1ean7)ile# &ince )e !led a mo%ion %o %ra$el
aAroad# )e 7a& condi%ionall/ arrai(ned and %)erea+%er 7a&
allo7ed %o %ra$el. A& a re&l% o+ i%& rein$e&%i(a%ion# %)e
OmAd&man mo$ed %o 7i%)dra7 %)e " ca&e& 7)ic) 7a&
(ran%ed. T)erea+%er# %)e OmAd&man !led = c)ar(e& +or
1al$er&a%ion o+ PAlic Fnd& a(ain&% acc&ed. Acc&ed !led
a mo%ion %o ;a&) Aa&ed on doAle Eeo'ard/.
Issue%
Wa& %)ere a 7ai$er o+ %)e ri()% a(ain&% doAle Eeo'ard/
con&iderin( %)a% acc&ed a(reed %o a condi%ional
arrai(nmen%J
9eld%
No. T)ere 7a& a $alid in+orma%ion# !led Ae+ore a
com'e%en% cor%# acc&ed 7a& arrai(ned and %)e ca&e& 7ere
di&mi&&ed 7i%)o% )i& con&en%. T)e condi%ional arrai(nmen%
doe& no% amon% %o a 7ai$er o+ %)e ri()% a(ain&% doAle
Eeo'ard/. Con&iderin( %)a% i% i& a con&%i%%ional ri()%# 7ai$er
m&% Ae clear# ca%e(orical and Ino7in(. T)&# an/ condi%ion
a%%ac)ed %o %)e arrai(nmen% m&% Ae nmi&%aIaAle and
eG're&&. O%)er7i&e# i% i& deemed %o Ae ncondi%ional.
c. In0alid arraignment
Dimatulac 0. Dillon
25: S2)& =:5
Actoer 12, 1551
'irst Di0ision% Da0ide, 8r., 8.
'acts%
T)e Pro$incial Pro&ec%or re&ol$ed %)a% acc&ed Ae
c)ar(ed 7i%) )omicide and corre&'ondin(l/ !led an
in+orma%ion. Di&&a%i&!ed# %)e oBended 'ar%/ a''ealed %o %)e
De'ar%men% o+ .&%ice 2DO.3 %o '(rade %)e c)ar(e %o
mrder. 1ean7)ile# de&'i%e a 1o%ion %o De+er Proceedin(&
!led A/ %)e oBended 'ar%/ &o a& %o a7ai% %)e re&ol%ion o+
)i& a''eal# %)e cor% arrai(ned %)e acc&ed. La%er# %)e DO.
ordered %)e Pro$incial Pro&ec%or %o amend %)e In+orma%ion
%o mrder.
Issue%
Can acc&ed 'lead doAle Eeo'ard/J
9eld%
No. I% i& &e%%led %)a% 7)en %)e S%a%e i& de'ri$ed o+ de
'roce&&# %)e ac;i%%al o+ acc&ed or %)e di&mi&&al o+ %)e ca&e
7ill no% (i$e ri&e %o doAle Eeo'ard/. Similarl/# %)i& a''lie&
7)ere %)e arrai(nmen% and 'lea o+ no% (il%/ are $oid. In %)i&
ca&e# %)e ac%a%ion o+ %)e Pro$incial Pro&ec%or ca&ed (ra$e
'reEdice %o %)e S%a%e. Amon( o%)er&# )e &)o7ed Aia& +or %)e
acc&ed. De&'i%e %)e 'endenc/ o+ an a''eal# )e !led %)e
in+orma%ion +or )omicide in cor% and did no% mo$e +or
de+ermen% o+ %)e arrai(nmen%. T)e %rial Ed(e# liIe7i&e#
commi%%ed (ra$e aA&e o+ di&cre%ion in r&)in( %)e
arrai(nmen% o+ acc&ed +or )omicide de&'i%e %)e 'endenc/
o+ %)e a''eal.
-.) 1D5+5 7S * 15+M7?*17"? "E 1D5 E7+S1
F: Jhen is there terminationO
*: 7n the following:
1.)when the accused had been previously convicted3
&.)when the accused had been previously acAuitted3 and
'.)when the case against the accused had been dismissed or
otherwise terminated without his e@press consent.
,etLs go to a decided case: 1he fiscal filed a case against you for
homicide alleging that on a certain day you 8illed >uan dela 2ruB. Jhile
the case is pending, the fiscal filed a second information for the same
homicide committed on the same day by the same accused. So you are
now facing two charges for the same homicide. 2an you move to Auash
the second information on the ground of double jeopardyO
7n so many cases, li8e in the case of -uscayno vs. Military
2ommission, the S2 said ?", because you have not been acAuitted or
convicted. 1he first case was not validly terminated 8ay pending pa man.
7n civil case, that is litis pendencia. ?ow, if the case is already decided,
convicted or acAuitted, or dismissal without his e@press consent, then
there can now be double jeopardy. 7n civil case that is res adjudicata.
Dowever in the case of !eople vs. 2ity 2ourt of Manila 1&1 S2+*
/&4), the S2 made a pronouncement that mere pendency of a criminal
case against the accused can be invo8e as a ground for double jeopardy.
So, which is whichO 1he issue has been resolved in the 1$$' case of
!5"!,5 vs. !7?5<*
&1$ S2+* 1
D5,<: :1he mere filing of two &) informations charging the
same offense is not an appropriate basis for the invocation of
double jeopardy since the first jeopardy has not yet set in by a
previous conviction, acAuittal or termination of the case without
the consent of the accused.9
:1he ambiguity stirred by the imprecise observation in
!eople vs. 2ity 2ourt of Manila, a 1$.' case, can now he
considered modified in that a prior conviction, or acAuittal, or
termination of the case without the e@press acAuiescence of the
accused is still reAuired before the first jeopardy can be pleaded
to abate a second prosecution.9
?ow, the law says that you have been convicted or acAuitted, or a
case against you have been dismissed without you e@press consent. 1hat
is what you mean by :the first jeopardy has already been terminated.9
-ut ta8e note that this is not a 8ey for the prosecutors to file several the
same cases against the accused. 1he law only provides that you cannot
raise the defense of double jeopardy in this situation. -ut you can
Auestion the acts of the prosecution to his superior or you may file an
injunction case citing the case of -roc8a vs. 5nrile. -ut definitely you
cannot use double jeopardy as defense.
F: Jhat is the difference between acAuittal and dismissal of the caseO
*: %enerally, dismissal is not on the merits. -ut there are dismissals
which are classified as acAuittal, li8e demurrer to evidence, or dismissal
because of the violation of the right of the accused to speedy trial.
7n the same manner, for double jeopardy to attach, the law says, the
case must have been dismissed without your e@press consent. So, as a
general rule, when the accused himself files a motion to dismiss, he
cannot invo8e double jeopardy because he himself intended the
dismissal of his case3 it is with his e@press consent.
Pre0ious con0iction
a. Pendenc! of se0eral cases
People 0. -itafan
362 S2)& #2#
'eruar! 1, 1555
En 7anc% 4artine/, 8.
'acts%
Imelda 1arco& 7a& +acin( * criminal ca&e& +or $iola%ion
o+ Cen%ral <anI Circlar No. F8> Ae+ore %)e RTC Aranc) 1-DC
Pa&i(. T)e Solici%or General# a+%er arrai(nmen%# mo$e %o
con&olida%e %)e ca&e& 7i%) %)e "1 o%)er& a(ain&% )er Ae+ore
RTC <ranc) "8C1anila on %)e (rond %)a% %)e ac%& +orm 'ar%
o+ and are rela%ed %o a &erie& o+ &imilar %ran&ac%ion&. On )i&
o7n ini%ia%i$e and a+%er (i$in( a c)ance %o %)e 'ro&ec%ion %o
're&en% i%& &ide# %)e RTC .d(e o+ <ranc) -"C1anila 7)ere
%)e ca&e& 7ere reCraZed ;a&)ed %)e * in+orma%ion& on %)e
(rond o+ doAle Eeo'ard/.
Issue%
Wa& %)e ;a&)al 'ro'erJ
9eld%
No. An e&&en%ial re;i&i%e o+ doAle Eeo'ard/ i& %)a% %)e
!r&% Eeo'ard/ m&% )a$e a%%ac)ed. O%)er %)an %)e Solici%or
GeneralP& alle(a%ion o+ %)e 'endin( ca&e& in <ranc) "8C
1anila# %)e Ed(e canno% %ell 7)e%)er acc&ed )ad Aeen
arrai(ned. E$en a&&min( %)a% %)ere 7a& alread/ an
arrai(nmen% and 'lea 7i%) re&'ec% %o %)o&e ca&e& in <ranc)
"8C1anila 7)ic) %)e Ed(e &ed a& Aa&i& %o ;a&) %)e *
in+orma%ion& 'endin( in )i& &ala# &%ill %)e !r&% Eeo'ard/ )a&
no% /e% %ermina%ed. Preci&el/# %)o&e ca&e& are &%ill 'endin(
and %)ere 7a& a& /e% no Ed(men% on %)e meri%&. Acc&ed
7a& no% con$ic%ed# ac;i%%ed nor %)e ca&e a(ain&% )er
di&mi&&ed or o%)er7i&e %ermina%ed.
. Doid con0iction
People 0. 4agat
332 S2)& 31:
4a! 31, 2666
En 7anc% Per 2uriam
'acts%
Acc&ed 7a& c)ar(ed 7i%) " con%& o+ ince&%o& ra'e.
0e 'leaded (il%/ A% Aar(ained +or a le&&er 'enal%/# and
7a& &en%enced %o 1> /ear& im'ri&onmen% +or eac) oBen&e.
T)ree mon%)& la%er# com'lainan% mo$ed +or %)e re$i$al o+ %)e
ca&e& on %)e (rond %)a% %)e 'enal%/ 7a& K%oo li()%.L T)e
Ed(e (ran%ed %)e mo%ion.
Issue%
Can %)e ca&e& Ae re$i$ed 7i%)o% 'lacin( acc&ed in
doAle Eeo'ard/J
9eld%
Ye&. T)e order o+ %)e %rial cor% con$ic%in( )im Aa&ed on
)i& o7n 'lea o+ (il% i& nll and $oid. I% m&% Ae em')a&i6ed
%)a% acc&ed 'leaded (il%/ %o %)e ra'e c)ar(e&# A% onl/
Aar(ained +or a le&&er 'enal%/. 0e did no% 'lea Aar(ain A%
made condi%ion& on %)e 'enal%/ %o Ae im'o&ed. T)i& i&
erroneo& Aeca&e A/ 'leadin( (il%/ %o %)e oBen&e c)ar(e#
acc&ed &)old Ae &en%enced %o %)e 'enal%/ +or %)e oBen&e
%o 7)ic) )e 'leaded. A condi%ional 'lea o+ (il%/# or one
&AEec% %o a 'ro$i&o %)a% a cer%ain 'enal%/ Ae im'o&ed 'on
)im# i& e;i$alen% %o a 'lea o+ no% (il%/. T)&# %)e Ed(men%
rendered A/ %)e cor% Aa&ed on a $oid 'leaCAar(ainin( i& al&o
$oid ab initio# &o %)a% doAle Eeo'ard/ 7ill no% lie.
c. &ppeal to increase penalt!
People 0. Dela <orre
316 S2)& 35=
&pril 11, 2662
<hird Di0ision% Panganian, 8.
'acts%
T)e RTC con$ic%ed acc&ed o+ " con%& o+ ra'e. Acc&ed
!led a 1o%ion +or Recon&idera%ion 7)ic) 7a& denied A/ %)e
RTC. T)e 'ro&ec%ion !led a no%ice o+ a''eal. T)e Solici%or
General ar(ed %)a% %)e RTC erred in 'enali6in( %)e acc&ed
7i%) reclusion perpetua in eac) o+ %)e , indic%men%& +or ra'e#
in&%ead o+ im'o&in( %)e dea%) 'enal%/ a& manda%ed A/ R.A.
=8-F.
Issue%
Can a Ed(men% o+ con$ic%ion Ae a''ealed +or %)e &ole
'r'o&e o+ increa&in( %)e 'enal%/J
9eld%
No. An a''eal A/ %)e 'ro&ec%ion on %)e (rond %)a%
%)e acc&ed &)old )a$e Aeen (i$en a more &e$ere 'enal%/
7ill $iola%e %)e ri()% o+ %)e acc&ed a(ain&% doAle Eeo'ard/.
E$en a&&min( %)a% %)e 'enal%ie& im'o&ed A/ %)e RTC 7ere
erroneo&# %)e&e canno% Ae correc%ed on a''eal A/ %)e
'ro&ec%ion. W)a%e$er error ma/ )a$e Aeen commi%%ed A/
%)e lo7er cor% 7a& merel/ an error o+ Ed(men% and no% o+
Eri&dic%ion. I% did no% aBec% %)e in%rin&ic $alidi%/ o+ %)e
deci&ion. T)i& i& %)e Iind o+ error %)a% can no lon(er Ae
rec%i!ed on a''eal A/ %)e 'ro&ec%ion no ma%%er )o7
oA$io& %)e error ma/ Ae.
d. &nnulment of "udgment
Palu.a! 0. 2&
253 S2)& 331
8ul! 36, 1551
Second Di0ision% 4endo/a, 8.
'acts%
PalCa/ !led a ca&e a(ain&% Plmone& +or +r&%ra%ed
)omicide A% a+%er %rial Plmone& 7a& con$ic%ed onl/ o+
')/&ical inErie& %)ro() recIle&& im'rdence. Di&&a%i&!ed
7i%) %)e deci&ion# PalCa/ !led a ca&e +or annlmen% o+
Ed(men% 7i%) %)e CA.
Issue%
Can %)e ca&e 'ro&'erJ
9eld%
No. A re$ie7 o+ %)e deci&ion a% %)e in&%ance o+ %)e
'ro&ec%ion 7old $iola%e %)e ri()% o+ %)e acc&ed a(ain&%
doAle Eeo'ard/. I% canno% Ae ar(ed %)a% %)e deci&ion i& $oid
+or lacI o+ de 'roce&& &ince PalCa/ 7a& no% de'ri$ed o+ %)e
o''or%ni%/ %o Ae )eard. In %)i& ca&e# a )earin( 7a& )eld
drin( 7)ic) %)e 'ro&ec%ion and %)e de+en&e 7ere )eard on
%)eir e$idence. T)erea+%er# Ed(men% 7a& rendered on %)e
Aa&i& o+ %)e e$idence 're&en%ed. Con&e;en%l/# an/ error
made A/ %)e %rial cor% in %)e a''recia%ion o+ e$idence 7a&
onl/ an error o+ Ed(men% A% no% o+ Eri&dic%ion &o a& %o
render %)e Ed(men% $oid.
e. E@ect of appeal ! accused
People 0. )ondero
326 S2)& 313
Decemer 5, 1555
En 7anc% Per curiam
'acts%
Acc&ed 7a& c)ar(ed 7i%) ra'e 7i%) )omicide. T)e RTC#
)o7e$er# con$ic%ed )im onl/ o+ )omicide and &en%enced )im
%o &Ber reclusion perpetua. 0e a''ealed )i& con$ic%ion %o
%)e S'reme Cor%.
Issue%
1a/ )e Ae con$ic%ed o+ %)e ori(inal c)ar(e and
&en%enced %o dea%) 7i%)o% doAle Eeo'ard/J
9eld%
Ye&. W)en an acc&ed a''eal& +rom %)e &en%ence o+ %)e
%rial cor%# )e 7ai$e& )i& ri()% a(ain&% doAle Eeo'ard/ and
%)ro7& %)e 7)ole ca&e o'en +or re$ie7 o+ %)e a''ella%e cor%#
7)ic) i& %)en called %o render Ed(men% a& %)e la7 and
E&%ice dic%a%e# 7)e%)er +a$oraAle or n+a$oraAle# and
7)e%)er %)e/ are %)e &AEec% o+ %)e a&&i(ned error& or no%.
T)i& 'rece'% &)old Ae Aorne in mind A/ e$er/ la7/er o+ an
acc&ed 7)o n7i%%in(l/ %aIe& %)e ri&I in$ol$ed 7)en )e
decide& %o a''eal a &en%ence.
f. &ppeal ! emplo!er of ci0il liailit!
Philippine )ait 0. People
#2: S2)& #3=
&pril 1#, 266#
'irst Di0ision% Panganian, 8.
'acts%
Acc&ed 7a& +ond (il%/ o+ recIle&& im'rdence
re&l%in( %o %ri'le )omicide# &en%enced %o &Ber
im'ri&onmen% and 'a/ ci$il liaAili%/ %o %)e )eir& o+ %)e
$ic%im&. Drin( %rial )e Em'ed Aail and remained a%Clar(e a%
%)e %ime o+ con$ic%ion.
Issue%
Can )i& em'lo/er !le a no%ice o+ a''eal in i%& o7n
Ae)al+ %o ;e&%ion %)e ci$il liaAili%/ con&iderin( %)a% i% i&
&A&idiaril/ liaAle in %)e e$en% %)a% acc&ed i& in&ol$en%J
9eld%
No. W)en acc&ed Em'& Aail# )e i& deemed %o )a$e
aAandoned )i& a''eal. Con&e;en%l/# %)e Ed(men% a(ain&%
)im )a& Aecome !nal and eGec%or. I+ )i& em'lo/er a''eal&#
)i& aim i& %o )a$e %)e acc&edCem'lo/ee aA&ol$ed o+ )i&
criminal re&'on&iAili%/ and %)e Ed(men% re$ie7ed a& a
7)ole. I+ %)e 're&en% a''eal i& (i$en de cor&e# %)e 7)ole
ca&e a(ain&% %)e acc&ed Aecome& o'en %o re$ie7. I% %)&
+ollo7& %)a% a 'enal%/ )i()er %)an %)a% 7)ic) )a& alread/
Aeen im'o&ed A/ %)e %rial cor% ma/ Ae me%ed o% %o )im.
T)e a''eal A/ )i& em'lo/er 7old %)& $iola%e )i& ri()%
a(ain&% doAle Eeo'ard/# &ince %)e Ed(men% a(ain&% )im
cold Aecome &AEec% %o modi!ca%ion 7i%)o% )i& con&en%.
=. Pre0ious ac?uittal
a. )e0ising a "udgment of ac?uittal
&rgel 0. Pascua
3=3 S2& 311
&ugust 26, 2661
Second Di0ision% 7ellosillo, 8.
'acts%
In a deci&ion da%ed .l/ ""# 1FF*# A% 'roml(a%ed onl/
on A(. 1*# 1FF*# .d(e Pa&ca ac;i%%ed acc&ed o+ mrder
%)inIin( %)a% %)ere 7a& no 7i%ne&& 7)o 'o&i%i$el/ iden%i!ed
)im a& %)e 'er'e%ra%or. A+%er )er a%%en%ion 7a& called A/
com'lainan%# and a+%er readin( %)e %e&%imon/ o+ %)e 7i%ne&&
7)ic) 7a& no% a%%ac)ed %o %)e record& ori(inall/# .d(e
Pa&ca di&co$ered )er error and Kre$i&edL )er 're$io&
deci&ion. On A(. 1F# 1FF*# .d(e Pa&ca 'roml(a%ed a ne7
one con$ic%in( %)e acc&ed o+ %)e crime o+ mrder.
Issue%
Can %)e Ed(e re$i&e %)e deci&ion +rom ac;i%%al %o
con$ic%ionJ
9eld%
No. I% i& an elemen%ar/ rle %)a% a deci&ion once !nal i&
no lon(er &&ce'%iAle %o amendmen% or al%era%ion eGce'% %o
correc% error& 7)ic) are clerical in na%re. In criminal ca&e&#
a Ed(men% o+ ac;i%%al i& immedia%el/ !nal 'on i%&
'roml(a%ion. I% canno% Ae recalled +or correc%ion or
amendmen% &ince %)e in)eren% 'o7er o+ %)e cor% %o modi+/
i%& order doe& no% eG%end %o a Ed(men% o+ ac;i%%al in a
criminal ca&e. T)e Ed(e canno% %)ere+ore Kre$i&eL )er
deci&ion 7i%)o% $iola%in( %)e con&%i%%ional 'ro&cri'%ion on
doAle Eeo'ard/.
. Pre0ious dismissal ! the prosecutor
Dinco! 0. 2&
#32 S2)& 3=
8une 1#, 266#
Second Di0ision% Puno, 8.
'acts%
Acc&ed 7a& con$ic%ed o+ estafa A/ %)e RTC o+ Pa&i(
7)ic) con$ic%ion 7a& a?rmed A/ %)e CA. On a''eal %o %)e
S'reme Cor%# )e alle(ed doAle Eeo'ard/ con&iderin( %)a%
a &imilar com'lain% +or estafa 7a& 're$io&l/ !led A/ %)e
&ame com'lainan% Ae+ore %)e Ci%/ Pro&ec%orP& O?ce o+
Pa&a/ 7)ic) 7a& di&mi&&ed.
Issue%
I& %)e con%en%ion correc%J
'acts%
No. Di&mi&&al o+ a ca&e drin( 'reliminar/ in$e&%i(a%ion
doe& no% con&%i%%e doAle Eeo'ard/ &ince a 'reliminar/
in$e&%i(a%ion i& no% 'ar% o+ %)e %rial and i& no% %)e occa&ion
+or %)e +ll and eG)a&%i$e di&'la/ o+ %)e 'ar%ie&P e$idence
A% onl/ &c) a& ma/ en(ender a 7ellC+onded Aelie+ %)a% an
oBen&e )a& Aeen commi%%ed and acc&ed i& 'roAaAl/ (il%/
%)ereo+. For %)i& rea&on# i% canno% Ae con&idered e;i$alen%
%o a Edicial 'rononcemen% o+ ac;i%%al.
c. &c?uittal after trial on the merits
People 0. Delasco
3#6 S2)& 26:
Septemer 13, 2666
En 7anc% 7ellosillo, 8.
'acts%
1a/or Gal$e6 7a& ac;i%%ed o+ mrder and +r&%ra%ed
mrder# a& 7ell a& o+ ille(al 'o&&e&&ion o+ !rearm a+%er %rial
on %)e meri%&. T)e (rond +or ac;i%%al 7a& in&?cienc/ o+
e$idence on %)e !r&% c)ar(e# and a !ndin( %)a% %)e ac%
c)ar(ed did no% con&%i%%e a $iola%ion o+ la7 in %)e &econd.
C)allen(in( %)e ac;i%%al# %)e Solici%or General !led a
Pe%i%ion +or Cer%iorari con%endin( %)a% .d(e Vela&co
commi%%ed (ra$e aA&e o+ di&cre%ion and arAi%rarine&&.
Poin%in( o% %)a% %)e Ed(e deliAera%el/ di&re(arded cer%ain
+ac%& and e$idence on record# )e a&I& %)a% %)e ca&e& Ae
re$ie7ed and %)e ac;i%%al Ae nlli!ed.
Issue%
Can a Ed(men% o+ ac;i%%al Ae re$er&ed i+ no re%rial i&
re;ired 7i%)o% 'lacin( %)e acc&ed in doAle Eeo'ard/J
9eld%
No. T)e doc%rine %)a% doAle Eeo'ard/ ma/ no% Ae
in$oIed a+%er %rial ma/ a''l/ onl/ 7)en %)e Cor% !nd& %)a%
%)e criminal %rial 7a& a &)am Aeca&e %)e 'ro&ec%ion 7a&
denied de 'roce&&. 0ere# %rial on %)e meri%& 7a& )eld drin(
7)ic) Ao%) (o$ernmen% and acc&ed )ad %)eir re&'ec%i$e
da/ in cor%. T)e 'e%i%ion (oe& dee'l/ in%o %)e %rial cor%P&
a''recia%ion and e$ala%ion o+ %)e e$idence. A readin( o+ %)e
;e&%ioned deci&ion &)o7& %)a% %)e Ed(e con&idered %)e
e$idence %aIen a% %)e %rial. W)ile i% ma/ )a$e re&l%ed in
'o&&iAle la'&e& in e$idence e$ala%ion# i% ne$er%)ele&& doe&
no% de%rac% +rom %)e +ac% %)a% %)e/ 7ere con&idered. T)i&
con&e;en%l/ eGem'%& %)e ac% +rom %)e 7ri% o+ cer%iorariP&
re;iremen% o+ eGce&& or lacI o+ Eri&dic%ion. Error& o+
Ed(men% are no% %o Ae con+&ed 7i%) error& in %)e eGerci&e
o+ Eri&dic%ion.
d. &c?uittal due to legal error
People 0. Haggui
1:1 S2)& 363
4arch 1=, 1515
'irst Di0ision% (rino.&?uino, 8.
'acts%
T)e Ed(e erroneo&l/ ac;i%%ed %)e acc&ed o+
$iola%in( <.P. "" %)inIin( %)a% %)e in+orma%ion 7a& de+ec%i$e
+or +ailre %o &%a%e %)a% )e Ine7# 7)en )e i&&ed %)e c)ecI#
%)a% )e 7old no% )a$e &?cien% +nd& +or i%& 'a/men% in +ll
'on i%& 're&en%men% %o %)e dra7ee AanI. In %)e o'inion o+
%)e %rial Ed(e# %)e in+orma%ion did no% c)ar(e an oBen&e#
)ence# )e di&mi&&ed i%.
Issue%
1a/ %)e ac;i%%al Ae re$ie7ed in a 'e%i%ion +or
cer%iorariJ
9eld%
No. Al%)o() i%& deci&ion i& erroneo&# %)a% deci&ion
ma/ no% Ae annlled or &e% a&ide Aeca&e i% amon%ed %o a
Ed(men% o+ ac;i%%al. I% Aecame !nal and eGec%or/ 'on i%&
'roml(a%ion. T)e S%a%e ma/ no% a''eal %)a% deci&ion +or i%
7old 'lace %)e acc&ed %7ice in Eeo'ard/ o+ 'ni&)men% +or
%)e oBen&e in $iola%ion o+ )i& con&%i%%ional ri()% a(ain&%
doAle Eeo'ard/.
e. &c?uittal on appeal
People 0. 2&
#23 S2)& =63
'eruar! 2#, 266#
'irst Di0ision% >nares.Santiago, 8.
'acts%
Acc&ed 7ere con$ic%ed A/ %)e RTC o+ 0omicide and
A%%em'%ed 1rder. On a''eal# %)e CA ac;i%%ed %)em. I%
rled %)a% %)e &i%%in( 'o&i%ion o+ one acc&ed made i%
im'o&&iAle +or )im %o &)oo% %)e $ic%im# 7)ile %)e o%)er
acc&ed ac%ed in &el+Cde+en&e. Alle(in( %)a% %)e CA
commi%%ed (ra$e aA&e o+ di&cre%ion in ac;i%%in( %)e
acc&ed de&'i%e o$er7)elmin( e$idence# %)e Solici%or
General c)allen(e& %)e ac;i%%al in a Pe%i%ion +or Cer%iorari
nder Rle 8- o+ %)e Rle& o+ Cor%.
Issue%
1a/ %)e S'reme Cor% re$ie7 %)e ac;i%%al 7i%)o%
$iola%in( %)e ri()%& o+ %)e acc&ed a(ain&% doAle Eeo'ard/J
9eld%
No. T)e ac;i%%al o+ %)e acc&ed A/ %)e lo7er cor% i&
no% &AEec% %o re$ie7 via %)e eG%raordinar/ 7ri% o+ cer%iorari
a& %)i& 7old con&%i%%e a $iola%ion o+ %)e DoAle .eo'ard/
Cla&e o+ %)e Con&%i%%ion. In %)e aA&ence o+ a !ndin( o+
mi&%rial# i.e. %)e criminal %rial 7a& a &)am# a& in Balman v.
!andiganba"an# a Ed(men% o+ ac;i%%al i& !nal and
na''ealaAle on %)e (rond o+ doAle Eeo'ard/# 7)e%)er i%
)a''en& a% %)e %rial cor% le$el or a% %)e CA.
f. E*ception
4erciales 0. 2&
3:5 S2)& 3#3
4arch 11, 2662
En 7anc% >nares.Santiago, 8.
'acts%
A+%er 're&en%in( = 7i%ne&&e& in a %rial +or ra'e 7i%)
)omicide# %)e 'ro&ec%or mo$ed +or %)e di&c)ar(e o+ one
acc&ed %o Ae &%a%e 7i%ne&&. T)e Ed(e re;ired )im %o
're&en% e$idence %o 7arran% %)e di&c)ar(e A% )e re+&ed
con%endin( %)a% i% 7a& no% nece&&ar/ &ince )e )ad Aeen
admi%%ed %o %)e Wi%ne&& Pro%ec%ion Pro(ram. W)ile %)e i&&e
7a& Aein( %)re&)ed Ae+ore %)e SC# %)e acc&ed o''o&ed an/
re&e%%in( on %)e (rond o+ &'eed/ %rial. T)&# in&%ead o+
're&en%in( addi%ional 7i%ne&&e&# e$en i+ an N<I a(en% 7a&
a$ailaAle# %)e 'ro&ec%or re&%ed )i& ca&e. T)e acc&ed !led a
demrrer %o e$idence# and %)e Ed(e di&mi&&ed %)e ca&e& on
%)e (rond o+ in&?cien% e$idence. Pri$a%e com'lainan%
mo$ed %o annl %)e deci&ion A% acc&ed claimed doAle
Eeo'ard/.
Issue%
I& %)e acc&ed correc%J
9eld%
No. DoAle Eeo'ard/ 7ill no% lie. T)e 'ro&ec%or 7a&
(il%/ o+ non+ea&ance 7)en )e +ailed %o 'ro%ec% %)e in%ere&%
o+ %)e S%a%e. 0e Ine7 %)a% )e )ad no% 're&en%ed &?cien%
e$idence and /e% )e deliAera%el/ +ailed %o 're&en% an
a$ailaAle 7i%ne&&. 0e al&o $iola%ed %)e Rle& o+ Cor% 7)en
)e re+&ed %o 're&en% e$idence %o &''or% %)e di&c)ar(e o+
one acc&ed %o Ae S%a%e 7i%ne&&. In addi%ion# %)e Ed(e# %oo#
7a& (il%/ o+ nonC+ea&ance# 7)en de&'i%e )i& Ino7led(e %)a%
%)e e$idence 7a& in&?cien%# )e 'a&&i$el/ 7a%c)ed %)e
'ro&ec%or An(le %)e ca&e. 0e &)old )a$e motu propio
called addi%ional 7i%ne&&e& +or %)e 'r'o&e o+ ;e&%ionin(
%)em )im&el+. Con&iderin(# %)ere+ore# %)a% Ao%) %)e S%a%e and
com'lainan% 7ere de'ri$ed o+ %)eir da/ in cor%# %)ere 7a& a
$iola%ion o+ de 'roce&& &o %)a% %)e ac;i%%al o+ acc&ed 7a&
nll and $oid. T)&# doAle Eeo'ard/ 7ill no% a''l/.
<7SM7SS*, J71D"C1 1D5 5P!+5SS 2"?S5?1 "E 1D5
*22CS5<
Je will e@plore the first issue: Jhether or not the dismissal is with
the e@press consent of the accused. "ne of the interesting cases
interpreting the meaning of the phrase is the 1$$' case of
!5"!,5 vs. ;5+%*+*
&&1 S2+* $/(
E*21S: ;ergara was accused of frustrated murder for
allegedly conspiring with some people. Jhile the case is
pending, the accused as8ed the provincial prosecutor for a
reinvestigation of the case. 1he reAuest was granted. *fter
reinvestigation, the prosecutor made a finding that there was no
crime because the accused acted in self=defense. 1herefore, the
prosecutor moved for the dismissal of the case in court. 1he trial
court granted the motion for dismissal of the case for frustrated
murder.
Dowever, when the fiscal made a finding that there was no
probable cause, in the meantime the complainant appealed such
finding to the Secretary of >ustice. 1he recommendation of the
prosecutor was disapproved. Sabi ng <">, :?o, there is a case
here. !rovincial prosecutor, i=re=file mo.9 So, there was another
information for frustrated murder filed against the same
accused. 1his time, the accused pleaded <ouble >eopardy.
-a8itO *ccording to the accused:
*22CS5<: :1he cases were dismissed upon motion of
the prosecutor3 7 was not the one who filed the motion.
So, when the case was dismissed, it was dismissed without
my e@press consent.9
2"M!,*7?*?1: :?o, why did you as8 for
reinvestigationO <i ba, the purpose is that it will lead to
the dismissal of the caseO So, when you filed a motion for
reinvestigation, in effect, you are see8ing a dismissal with
your e@press consent.9
*22CS5<: :?oV 5@press consent is different from
intention. Jhen 7 filed a motion for reinvestigation, my
intention was to let the case be dismissed, but 7 did not
give my e@press consent. Jhile 7 may have intended to
let the case be dismissed upon moving for reinvestigation,
7 never give my e@press consent for the dismissal of the
case. 7t was the prosecutor himself who did it.9
7SSC5: 7s there double jeopardyO
D5,<: I5S, there is double jeopardy. Jhen you say
e@press consent, the consent must be categorical, clear. Iou
cannot infer that by simply as8ing for reinvestigation. Iou
cannot infer that there is e@press consent3 that is not within the
concept.
:5@press consent has been defined as that which is directly
given either viva voce or in writing. 7t is a positive, direct,
uneAuivocal consent reAuiring no inference or implication to
supply its meaning. 1his is hardly what the accused gave. Jhat
they did was merely to move for reinvestigation of the case
before the prosecutor. 1o eAuate this with e@press consent of the
accused to the dismissal of the case in the lower court is to
strain the meaning of Ne@press consentL too far. Simply, there
was no e@press consent of the accused when the prosecutor
moved for the dismissal of the original 7nformations.9
1here was a second issue in the case of ;5+%*+* based on the rule
on motion. 7n general, when you file a motion, you must furnish a copy
of the motion to the adverse party because, generally, motions cannot be
filed e@=parte unless the motion is non=controversial.
!5"!,5 vs. ;5+%*+*, supra
7SSC5: 7s there a necessity to furnish the parties a copy of
the motion to dismissO
D5,<: ?". 7t is not necessary. 7s there a necessity to furnish
the accused a copy of the motion to dismissO <o you thin8 the
accused will oppose the motionO "f course not because it is
favorable to him. <efinitely, the accused will not Auestion the
filing of the motion to dismiss the criminal case.
*s to the complainant, is there a necessity for the prosecutor
to furnish a copy of the motion to dismiss the criminal case to
the private offended partyO +emember, every criminal case is
under the direction and control of the prosecutor. 7f we will
allow the general rule, if the victim will Auestion the dismissal,
he will be having control and no longer the prosecutor. 1he
prosecutor determines whether there is a case or none.
1herefore, there is also no necessity of furnishing to the private
offended party a copy of the motion to dismiss.
Jhat should be the remedy of the private offended partyO
-ecause the offended party is aggrieved, imagine nawala ang
8aso niyaV 1he remedy, when the court ordered the dismissal of
the case, is to appeal the order of dismissal because it is also
adverse to their claim for civil liability. 7nstead, they allowed the
order of dismissal to become final and, now, they are arguing
that the order of dismissal is void. 1hey should have appealed
it.
. Pre0ious dismissal
a. Dismissal without consent
<upa/ 0. Clep
31= S2)& 111
Actoer 1, 1555
'irst Di0ision% Pardo, 8.
'acts%
T7o in+orma%ion& 7ere !led a(ain&% %)e acc&ed +or
nonC'a/men% o+ de!cienc/ cor'ora%e income %aG in $iola%ion
o+ %)e TaG Code o+ 1F==. A+%er &)e 7a& arrai(ned# %)e
'ro&ec%or mo$ed +or %)e di&mi&&al o+ one o+ %)e ca&e&
%)inIin( %)a% %)e " 7ere iden%ical 7i%) eac) o%)er. T)e Ed(e
(ran%ed %)e mo%ion. La%er# !ndin( o% %)a% )e commi%%ed a
mi&%aIe# %)e 'ro&ec%or mo$ed +or %)e rein&%a%emen% o+ %)e
di&mi&&ed in+orma%ion 7)ic) 7a& (ran%ed A/ %)e cor%.
Issue%
Did %)e rein&%a%emen% o+ %)e in+orma%ion $iola%e %)e
ri()% o+ %)e acc&ed a(ain&% doAle Eeo'ard/J
9eld%
Ye&. An acc&ed i& 'laced in doAle Eeo'ard/ i+ )e i&
a(ain %ried +or an oBen&e +or 7)ic) )e )a& Aeen con$ic%ed#
ac;i%%ed or %)e indic%men% a(ain&% )im 7a& o%)er7i&e
di&mi&&ed 7i%)o% )i& eG're&& con&en%. In %)i& ca&e# %)ere
7a& a $alid com'lain% !led a(ain&% )er %o 7)ic) &)e 'leaded
no% (il%/. T)e cor% di&mi&&ed %)e ca&e a% %)e in&%ance o+
%)e 'ro&ec%or 7i%)o% a&Iin( )er con&en%. Sc) con&en%
m&% Ae eG're&&ed. A& )er con&en% 7a& no% eG're&&l/ (i$en#
%)e di&mi&&al o+ %)e ca&e m&% Ae re(arded a& !nal.
. Dismissal with consent
Sta. )ita 0. 2&
2#: S2)& #1#
&ugust 21, 1553
<hird Di0ision% 'eliciano, 8.
Issue%
W)ere acc&ed !le& a mo%ion %o di&mi&& 7)ic) i&
(ran%ed# A% on a''eal %)e order o+ di&mi&&al i& re$er&ed#
can )e claim doAle Eeo'ard/ i+ %)e ca&e i& rein&%a%edJ
9eld%
No. T)ere are onl/ " in&%ance& 7)ere doAle Eeo'ard/
7ill a%%ac) no%7i%)&%andin( %)e +ac% %)a% %)e ca&e 7a&
di&mi&&ed 7i%) %)e eG're&& con&en% o+ %)e acc&ed. T)e !r&%
i& 7)ere %)e (rond +or di&mi&&al i& in&?cienc/ o+ e$idence
+or %)e 'ro&ec%ion# and %)e &econd i& 7)ere %)e criminal
'roceedin(& )a$e Aeen nrea&onaAl/ 'rolon(ed in $iola%ion
o+ %)e ri()% %o &'eed/ %rial.
c. E*ception to rule on consent
People 0. Derra
312 S2)& 3#2
4a! 25, 2662
'irst Di0ision% Puno, 8.
'acts%
Acc&ed 7a& c)ar(ed 7i%) mrder and 'leaded no%
(il%/. On %)e &ame da/# %)e 'ro&ec%ion called %o %)e &%and
%)e 7i+e o+ %)e $ic%im 7)o %e&%i!ed %)a% &)e 7a& no lon(er
in%ere&%ed in 'r&in( %)e ca&e and %)e * o%)er 7i%ne&&e&
)ad %rned )o&%ile. T)erea+%er# %)e 'ro&ec%ion# Eoined A/ %)e
acc&ed mo$ed +or %)e di&mi&&al o+ %)e ca&e 7)ic) %)e Ed(e
(ran%ed. La%er# " &i&%er& o+ %)e $ic%im a&&ailed %)e alle(a%ion
o+ lacI o+ in%ere&%. Fr%)er# " 7i%ne&&e& a''eared mani+e&%in(
%)eir 7illin(ne&& %o %e&%i+/.
Issue%
1a/ %)e ca&e Ae 'ro&ec%ed ane7J
9eld%
No. T)e in+orma%ion 7a& $alid and i% 7a& !led Ae+ore a
com'e%en% cor%. Acc&ed 7a& arrai(ned and %)e ca&e 7a&
%ermina%ed 7)en %)e Ed(e ordered i%& di&mi&&al. T)e S%a%e
canno% claim $iola%ion o+ de 'roce&& &ince i% 7a&
re're&en%ed A/ %)e 'Alic 'ro&ec%or 7)o 7a& 're&en% a% all
&%a(e&. 1ore im'or%an%l/# i% 7a& %)e 'ro&ec%or# 7)o mo$ed
+or %)e di&mi&&al. T)e S%a%e canno% alle(e +rad %o nlli+/ %)e
Ed(men% Aeca&e i+ %)ere 7a& +rad# i% 7a& 'rac%iced A/ i%&
o7n 7i%ne&&# and no% A/ %)e ad$er&e 'ar%/ or %)e acc&ed.
W)ile i% i& %re %)a% %)e acc&ed Eoined %)e 'ro&ec%ion in
'ra/in( +or %)e di&mi&&al o+ %)e ca&e# doAle Eeo'ard/ 7ill
a%%ac) Aeca&e %)e Aa&i& o+ %)e di&mi&&al 7a& in&?cienc/ o+
e$idence de %o %)e de&i&%ance o+ com'lainan% and )er
%e&%imon/ %)a% )er 7i%ne&& )ad %rned )o&%ile.
"ne last point.
*ccording to the law, if a case is dismissed without your e@press
consent, that could be a basis for double jeopardy. D"J5;5+,
jurisprudence says, an order dismissing a case will ?"1 constitute
double jeopardy if the order of dismissal is ?C,, and ;"7<. Meaning,
an order of dismissal of a case will constitute double jeopardy on the
assumption that the order of dismissal was a valid order of dismissal.
F: Jhat is the usual reason why an order of dismissal is voidO
*: 1he usual reason is when the prosecution was deprived of due
process. 1hat has been e@emplified in many cases. "ne of the cases is
Senator *Auino et al. ?a=acAuit man yan sila ba. 1hese people were
already acAuitted by the Sandiganbayan. Dow come nabali8 ang 8asoO
"n the theory that everything was pre=arranged including the acAuittal.
1he S2 said, the acAuittal of the case is null and void because the
prosecution was deprived of due process in the sense that no matter what
it does, the acAuittal of the accused was already pre=ordained. So there is
no double jeopardy.
1hat has been applied in many cases li8e in the case of
!5"!,5 vs. M"%",
1'1 S2+* &$/
E*21S: 1he accused was charged with physical injuries.
*fter trial in the M12, the court discovered that it should not
have been physical injuries, rather it should have been frustrated
murder because there was intent to 8ill eh. 1he M12 dismissed
the case of physical injuries and told the fiscal to file
information for frustrated murder. 1he accused claimed that he
was charged for the same act. 1hus, he moved for the dismissal
of the frustrated murder case.
7SSC5: 7s there double jeopardyO
D5,<: ?"?5. 1here was no double jeopardy because the
order of the trial court dismissing the physical injury case is
wrong. 7t was a void order because what the judge should have
done is to continue trying the case even if there was an error in
the offense charged. So, if the accused would be convicted, it is
for physical injuries. 7n other words, you cannot order dismissal
and then re=file the case for frustrated murder. -ecause the order
dismissal is void, there is no double jeopardy.
Dowever, there was one dissenting justice in the case of Mogol
former >ustice Ma8asiar. De said that :there is double jeopardy as the
case had already been tried and submitted for decision where the M12
judge ordered the physical injury to be dismissed and ordered the filing
of a new case for frustrated murder in the +12. Erustrated murder
includes physical injuries. 1herefore, dismissal of the latter resulted in
double jeopardy.9
7f you loo8 at it, Ma8asiar appears to be correct because all the
elements are there. -ut the trouble is, according to the S2, the order of
dismissal is void, there was no valid dismissal. So,the charge for
physical injury was reinstated.
*nother instance, the 1$$& case of
%"++5"? vs. +12 "E 25-C
&1' S2+* 1'.
E*21S: 1he case was set for pre=trial for & days September
&4 and &.). "n the first day of the trial, the offended party was
there pero wala ang accused. 1he court said, :Je will have to
cancel the hearing for today and tomorrow on the presumption
that maybe they did not receive the notice.9 1he trouble is the
following day, the hearing of the case still appeared in the court
calendar, even if it was supposed to be cancelled. 1his time,
only the accused appeared. "f course, why would the offended
party be there when it was already cancelled. Since the accused
was present for trial, but the prosecution was not ready because
neither he nor his witness appeared, the court dismissed the case
for failure of the complainant to appear and to testify. GJell, the
court and the prosecution should have remembered that the
hearing is already cancelled.H So, when the complainant learned
about it, he complained. 1hey loo8ed at at the transcript of
stenographic notes of what transpired the day before and
realiBed the mista8e.
7SSC5: 7s there double jeopardy if the action will be filed
againO
D5,<: ?"?5. :1he erroneous dismissal order was issued
capriciously and arbitrarily3 it unAuestionably deprived the State of a
fair opportunity to present and prove its case. 1hus, its right to due
process was violated. 1he said order is null and void and hence,
cannot be pleaded to bar a re=opening of the case on the ground of
double jeopardy. 2onseAuently, the first jeopardy was not terminated
and no second jeopardy threatened the accused.9
:1he >udge, 2ler8 of 2ourt and the prosecution should
shoulder the blame because unless amnesia suddenly struc8 all
of them simultaneously, it cannot be imagined that in a brief
span of about twenty=four &#) hours, they had all forgotten
about the order dictated in open court cancelling the hearing for
September &4 and &., 1$$(. G1he order of cancellation was
given the day before, and the following day nobody
remembered about it.H Eor the prosecutor who orally moved for
such cancellation and the >udge himself who dictated the said
order, no plausible e@planation may be offered for such lapse.9
1hat is a demonstration of the rule that when the order of dismissal is
null and void, you cannot plead double jeopardy.
d. Diolation of due process
(orion 0. )<2
213 S2)& 131
&ugust 31, 1552
<hird Di0ision% Da0ide, 8r., 8.
'acts%
T)e ca&e 7a& &e% +or %)e 're&en%a%ion o+ %)e e$idence o+
%)e 'ro&ec%ion on Se'%. "D and "F. On %)e "D
%)
# )o7e$er#
%)e cor% i&&ed an order cancellin( %)e %rial da%e o+ Se'%. "F
and re&e%%in( i% %o Oc%. ,. </ error# )o7e$er# %)e ca&e 7a&
called a(ain on Se'%. "D and# a& Ao%) %)e 'ro&ec%ion and
%)e de+en&e 7ere no% in cor%# %)e Ed(e di&mi&&ed %)e ca&e.
Issue%
1a/ %)e ca&e Ae rein&%a%ed 7i%)o% 'lacin( %)e acc&ed
in doAle Eeo'ard/J
9eld%
Ye&. T)e erroneo& di&mi&&al order o+ Se'%. "D 7a&
i&&ed ca'ricio&l/ and arAi%raril/. I% n;e&%ionaAl/ de'ri$ed
%)e S%a%e o+ a +air o''or%ni%/ %o 're&en% and 'ro$e i%& ca&e.
T)&# i%& ri()% %o de 'roce&& 7a& $iola%ed. T)e &aid order i&
nll and $oid and )ence# canno% Ae 'leaded A/ %)e acc&ed
%o Aar %)e &A&e;en% annlmen% o+ %)e di&mi&&al order or a
reCo'enin( o+ %)e ca&e on %)e (rond o+ doAle Eeo'ard/.
People 0. &lerto
31: S2)& =13
&ugust 22, 2662
Second Di0ision% ,uisuming, 8.
'acts%
In %)e middle o+ %)e %rial# %)e Ed(e di&mi&&ed %)e ca&e
a(ain&% acc&ed +or +ailre o+ %)e 'ro&ec%ion %o &Ami% i%&
+ormal oBer o+ eG)iAi%&. T)e 'ro&ec%ion !led a mo%ion +or
recon&idera%ion. T)e Ed(e (ran%ed %)e mo%ion and %)e
'ro&ec%ion con%ined %o 're&en% i%& e$idence. A+%er acc&ed
7a& con$ic%ed# )e claimed %)a% %)e rein&%a%emen% o+ %)e ca&e
$iola%ed )i& ri()% a(ain&% doAle Eeo'ard/.
Issue%
I& %)e acc&ed correc%J
9eld%
No# %)e in$alid order o+ di&mi&&al made A/ %)e %rial
cor% canno% Ae &ed a& Aa&i& +or a claim o+ doAle Eeo'ard/.
T)e Ed(e eGceeded )i& a%)ori%/ 7)en )e di&mi&&ed %)e
ca&e 7i%)o% (i$in( %)e 'ro&ec%ion a ri()% %o Ae )eard#
)ence %)ere 7a& a $iola%ion o+ de 'roce&&. Failre o+ %)e
'ro&ec%ion %o oBer i%& eG)iAi%& i& no% a (rond %o di&mi&& %)e
ca&e. E$en 7i%)o% an/ docmen%ar/ eG)iAi%&# %)e
'ro&ec%ion cold &%ill 'ro$e i%& ca&e %)ro() %)e %e&%imonie&
o+ 7i%ne&&e&. T)&# 7)en %)e %rial cor% recon&idered i%&
order o+ di&mi&&al# i% merel/ correc%ed i%&el+.
*nd the last part:
2.) *SSCM7?% 1D*1 *,, 1D5 +5FC7S715S "E <"C-,5
>5"!*+<I, *+5 !+5S5?1, 1D5 *22CS5< 7S !+"15215<
E+"M -57?% !+"S52C15< E"+ JD*1 "EE5?S5O
*ssuming the accused has already been convicted, acAuitted or the
case is dismissed without his e@press consent, and all the reAuisites of
double jeopardy are present, the accused cannot be convicted for:
1. for the same offense3 or
&. for an attempt to commit the same offense. G7f you are convicted
or acAuitted for a consummated offense, you cannot be charged
or convicted or acAuitted for the lesser stage3H or
'. for frustration or attempt thereof3 G1he acAuittal, conviction or
dismissal of the consummated crimes carries automatically the
frustrated or attempted stage of the same crime.H or
#. for any other offense which necessarily includes or is
necessarily included in the offense charged in the former
complaint.
-57?% !+"S52C15< E"+ 1D5 S*M5 "EE5?S5
Jhat is troublesome here is being prosecuted for the same offense.
1his has been the subject of so many decided cases, whether it is the
same offense or not.
1. JSame o@enseO test
a. Estafa and illegal recruitment
People 0. Sale!
251 S2)& :13
8ul! 2, 1551
'irst Di0ision% Ditug, 8.
'acts%
For recri%in( &e$eral indi$idal& %o 7orI aAroad
7i%)o% licen&e and +or 'ocIe%in( %)e +ee& &)e collec%ed#
acc&ed 7a& con$ic%ed o+ 11 con%& o+ estafa %)ro() +al&e
re're&en%a%ion and 8 con%& o+ ille(al recri%men%# one
commi%%ed on a lar(e &cale.
Issue%
A& %)e ac%& (i$in( ri&e %o %)e " &e%& o+ oBen&e& are
common# are %)e con$ic%ion& $iola%i$e o+ doAle Eeo'ard/J
9eld%
No# Aeca&e %)e/ are diBeren% oBen&e& 7i%) di&%inc%
elemen%&. T)e crime o+ ille(al recri%men% i& malum
prohibitum 7)ere criminal in%en% i& no% nece&&ar/ +or
con$ic%ion# 7)ile estafa i& malum in se 7)ere criminal in%en%
i& nece&&ar/ +or con$ic%ion.
In lar(e &cale ille(al recri%men%# %)e elemen%& areM 15
%)e 'er&on c)ar(ed m&% )a$e nder%aIen recri%men%
ac%i$i%ie&# "5 )e doe& no% )a$e a licen&e# and *5 i% i&
commi%%ed a(ain&% * or more 'er&on&. In estafa# %)e
elemen%& areM 15 %)e acc&ed )a& de+raded ano%)er A/
aA&e o+ con!dence or A/ mean& o+ decei%# and "5 dama(e
or 'reEdice ca'aAle o+ 'ecniar/ e&%ima%ion i& ca&ed %o %)e
oBended 'ar%/.
. 2onsented aduction and ?ualifed seduction
Pere/ 0. 2&
1=1 S2)& 23=
-o0emer 25, 1511
<hird Di0ision% 2ortes, 8.
'acts%
T)e lo7er cor% con$ic%ed acc&ed o+ %)e crime o+
Con&en%ed AAdc%ion A% )e 7a& ac;i%%ed A/ %)e CA on
a''eal. T)e CA )eld %)a% %)e crime commi%%ed 7a&
Sedc%ion# no% AAdc%ion. T)e 'ro&ec%or %)& c)ar(ed )im
ane7 7i%) @ali!ed Sedc%ion.
Issue%
I& %)ere doAle Eeo'ard/J
9eld%
No. An eGamina%ion o+ %)e elemen%& o+ %)e&e %7o
crime& 7old &)o7 %)a% al%)o() %)e/ ma/ )a$e ari&en +rom
%)e &ame &e% o+ +ac%&# %)e/ are no% iden%ical oBen&e& a&
7old maIe a''licaAle %)e rle on doAle Eeo'ard/.
T)ere are &imilar elemen%& Ae%7een Con&en%ed
AAdc%ion and @ali!ed Sedc%ion# namel/M 213 %)a% %)e
oBended 'ar%/ i& a $ir(in# and# 2"3 %)a% &)e m&% Ae o$er 1"
and nder 1D /ear& o+ a(e. 0o7e$er# " elemen%&
diBeren%ia%e %)e " crime&. Con&en%ed AAdc%ion al&o re;ire&
%)a%M 213 %)e %aIin( a7a/ o+ %)e oBended 'ar%/ m&% Ae 7i%)
)er con&en%# a+%er &olici%a%ion or caEoler/ +rom %)e oBender#
and # 2"3 %)e %aIin( a7a/ o+ %)e oBended 'ar%/ m&% Ae 7i%)
le7d de&i(n&. On %)e o%)er )and# an in+orma%ion +or @ali!ed
Sedc%ion al&o re;ire& %)a%M 213 %)e crime Ae commi%%ed A/
aA&e o+ a%)ori%/# con!dence or rela%ion&)i'# and# 2"3 %)e
oBender )a& &eGal in%ercor&e 7i%) %)e 7oman.
1oreo$er# %)e $er/ na%re o+ %)e&e " oBen&e& 7old
ne(a%e an/ iden%i%/ Ae%7een %)em. A& %)i& Cor% )a& &%a%edM
K... %)e (ra$amen o+ %)e oBen&e o+ %)e aAdc%ion o+ a
7oman 7i%) )er o7n con&en%# 7)o i& &%ill nder %)e con%rol
o+ )er 'aren%& or (ardian& i& K%)e alarm and 'er%rAance %o
%)e 'aren%& and +amil/L o+ %)e aAdc%ed 'er&on# and %)e
in+rin(emen% o+ %)e ri()%& o+ %)e 'aren% or (ardian. <% in
ca&e& o+ &edc%ion# %)e (ra$amen o+ %)e oBen&e i& %)e 7ron(
done %)e /on( 7oman 7)o i& &edced ...L 4U.S. $. .a/me# ",
P)il. F># F, 21F1*3. 5
c. Diolation of )& 36=6 and oscene e*hiitions
People 0. 2it! 2ourt
13# S2)& 1:3
Septemer 2#, 151:
En 7anc% Padilla, 8.
'acts%
Acc&ed 7a& c)ar(ed o+ $iola%ion o+ Sec. 11# R.A. *>8>
+or eG)iAi%in( 'Alicl/ a mo%ion !lm 7)ic) 7a& no% &Ami%%ed
+or 're$ie7 %o %)e <oard o+ Cen&or& +or 1o%ion Pic%re&
4<C1P5. For %)e &ame ac%# )e 7a& al&o c)ar(ed 7i%) $iola%ion
o+ Ar%. ">1 2*3 o+ %)e Re$i&ed Penal Code# 'ar%iclarl/ +or
eG)iAi%in( +or 'Alic $ie7in( an indecen% and immoral mo%ion
'ic%re.
Issue%
Wold con$ic%ion in one ca&e Aar 'ro&ec%ion o+ %)e
o%)er on %)e (rond o+ doAle Eeo'ard/J
9eld%
No. T)e " oBen&e& are diBeren%. T)e (ra$emen o+ %)e
oBen&e de!ned in R.A. *>8> 7)ic) i& malum prohibitum i&
%)e 'Alic eG)iAi%ion o+ an/ mo%ion 'ic%re 7)ic) )a& no%
Aeen 're$io&l/ 'a&&ed A/ %)e <C1P. T)e mo%ion 'ic%re
ma/ no% Ae indecen% or immoral# A% i+ i% )a& no% Aeen
're$io&l/ a''ro$ed A/ %)e <C1P# i%& 'Alic &)o7in(
con&%i%%e& a criminal oBen&e. On %)e o%)er )and# %)e
oBen&e 'ni&)ed in Ar%. ">14*5 o+ %)e RPC 7)ic) i& malum in
se, i& %)e 'Alic &)o7in( o+ indecen% or immoral 'la/&#
&cene&# ac%&# or &)o7&# no% E&% mo%ion 'ic%re&. T)e na%re
o+ Ao%) oBen&e& al&o &)o7& %)eir e&&en%ial diBerence.
Con&iderin( %)e&e diBerence& in elemen%& and na%re# %)ere
i& no iden%i%/ o+ %)e oBen&e& )ere in$ol$ed +or 7)ic) le(al
Eeo'ard/ in one ma/ Ae in$oIed in %)e o%)er.
d. E*ception to same o@ense test
People 0. Degamo
#62 S2)& 133
&pril 36, 2663
En 7anc% Per curiam
'acts%
A+%er acc&ed 'leaded no% (il%/ %o %)e c)ar(e o+ ra'e#
i% 7a& +ond o% %)a% %)e $ic%im Aecame in&ane Aeca&e o+
%)e ac% commi%%ed A/ acc&ed. T)e 'ro&ec%or amended %)e
in+orma%ion %o inclde %)e alle(a%ion %)a% A/ rea&on o+ %)e
ra'e# %)e $ic%im Aecame in&ane.
Issue%
Did %)e amendmen% $iola%e %)e ri()% o+ acc&ed a(ain&%
doAle Eeo'ard/J
9eld%
No. Amendmen% o+ an in+orma%ion %o c)ar(e a more
&erio& oBen&e i& 'ermi&&iAle and doe& no% con&%i%%e doAle
Eeo'ard/ e$en 7)ere %)e acc&ed 7a& alread/ arrai(ned and
'leaded no% (il%/ %o %)e c)ar(e# 7)ere %)e Aa&i& o+ %)e more
&erio& c)ar(e did no% eGi&%# A% come& a& a &A&e;en%
e$en%. In %)i& ca&e %)e Aa&i& +or %)e amendmen% 7a& %)e
'&/c)o&i& o+ com'lainan% 7)ic) 7a& de%ermined a+%er %)e
!lin( o+ %)e in+orma%ion.
. Statute and ordinance
People 0. )elo0a
1#1 S2)& 25:
4arch =, 151:
'irst Di0ision% 'eliciano, 8.
'acts%
Acc&ed 7a& c)ar(ed 7i%) in&%allin( ille(al elec%rical
connec%ion nder Ordinance No. 1# Serie& o+ 1F=, %o %)e
dama(e o+ %)e Ci%/ Go$ernmen% o+ <a%an(a& in %)e amon%
o+ P,1#>8" 7)ic) occrred +rom No$. 1F=, %o FeA. 1F=-.
A+%er %rial# )e 7a& ac;i%%ed on %)e (rond o+ 're&cri'%ion.
W)ere'on# %)e 'ro&ec%or c)ar(ed )im 7i%) %)e+% o+
elec%rici%/ nder %)e Re$i&ed Penal Code. T)e amon%
in$ol$ed 7a& al&o P,1#>8" co$erin( %)e 'eriod +rom No$.
1F=, %o FeA. "1# 1F=-.
Issue%
Can acc&ed in$oIe doAle Eeo'ard/J
9eld%
Ye&. T)e &econd &en%ence o+ Ar%. III# Sec. "" o+ %)e
Con&%i%%ion emAodie& an eGce'%ion %o %)e (eneral
'ro'o&i%ionM %)e con&%i%%ional 'ro%ec%ion a(ain&% doAle
Eeo'ard/ i& a$ailaAle al%)o() %)e 'rior oBen&e c)ar(ed
nder an ordinance Ae diBeren% +rom %)e oBen&e c)ar(ed
&A&e;en%l/ nder a na%ional &%a%%e &c) a& %)e Re$i&ed
Penal Code# 'ro$ided %)a% Ao%) oBen&e& &'rin( +rom %)e
&ame ac% or &e% o+ ac%&. T)e ;e&%ion o+ iden%i%/ o+ %)e ac%&
7)ic) are claimed %o )a$e (enera%ed liaAili%/ Ao%) nder a
mnici'al ordinance and a na%ional &%a%%e m&% Ae
addre&&ed# in %)e !r&% in&%ance# A/ eGaminin( %)e loca%ion o+
&c) ac%& in %ime and &'ace.
In %)i& ca&e# %)e rele$an% ac%& %ooI 'lace 7i%)in %)e
&ame %ime +rameM +rom No$emAer 1F=, %o FeArar/ 1F=-.
Drin( %)i& 'eriod# acc&ed in&%alled elec%rical 7irin( and
de$ice& in )i& ice 'lan% 7i%)o% oA%ainin( %)e nece&&ar/
'ermi% +rom %)e mnici'al a%)ori%ie&. Acc&ed conceded
%)a% )e eBec%ed &c) na%)ori6ed in&%alla%ion +or %)e $er/
'r'o&e o+ redcin( )i& elec%ric 'o7er Aill. T)i& corr'%
in%en% 7a& %)& 're&en% +rom %)e $er/ momen% %)a% &c)
na%)ori6ed in&%alla%ion Ae(an. T)e immedia%e ')/&ical
eBec% o+ %) na%)ori6ed in&%alla%ion 7a& %)e in7ard No7 o+
elec%ric crren% in%o )i& ice 'lan% 7i%)o% %)e corre&'ondin(
recordin( %)ereo+ in )i& elec%ric me%er. In o%)er 7ord&# %)e
K%aIin(L o+ elec%ric crren% 7a& in%e(ral 7i%) %)e
na%)ori6ed in&%alla%ion o+ elec%ric 7irin( and de$ice&.
F: Jhile in a public place, Maya fired a machine gun, thereby causing
panic and physical injuries to certain persons. She was charged with
serious physical injuries through rec8less imprudence for firing the gun
in public. SubseAuently, she was charged with serious public disturbance
in a public place. 7s there double jeopardyO
*. ?"?5. Jhile there was only a single act, two distinct offenses
resulted therefrom namely: 1) physical injuries which is a crime against
persons, and &) public disturbance which is a crime against public peace
and order. !eople vs. -acolod, .$ !hil. /&1)
F: *ccused was caught fishing with e@plosives. De was first
prosecuted for illegal fishing and subseAuently, for illegal possession of
e@plosives. 7s there <"C-,5 >5"!*+<IO
*: ?"?5. 1hese are two &) distinct offenses, the same being
punished by two different laws. 1here is a law for illegal fishing and
another for illegal possession of e@plosives. !eople vs. 1inamisan, ,=
#(.1, >anuary &$, 1$0&)
F: * complaint for adultery was filed against Miriam and 2holo
covering the period from the year 1$#/ to March 1#, 1$#4. !leading
guilty, the two were accordingly sentenced. "n September 14, 1$#., a
second complaint for adultery was filed against Miriam and 2holo
covering the period of March 10, 1$#4 to the date of the filing of the
second complaint. 1he two moved to Auash the second complaint on the
ground of double jeopardy. 7s there double jeopardyO
*: ?"?5. *dultery is a crime of result and not of tendency3 it is an
instantaneous crime which is consummated at the moment of the carnal
union. 5ach se@ual intercourse constitutes a crime of adultery, so that
there may be as many complaints for adultery as there are adulterous
acts committed. 7t is only one relationship but every carnal act is one
crime. !eople vs. Mapata, .. !hil. /..)
F: *n accused stole a revolver, tinago niya. 7t turned out to be
unlicensed. De was first prosecuted for theft of firearm and he was
convicted. De was subseAuently prosecuted for illegal possession of
firearm. 7s there double jeopardyO
*: ?"?5. 1he offenses are different. 1heft is consummated upon the
ta8ing, while illegal possession involves not only the ta8ing but also the
possession and intent to use the firearm. !eople vs. +emerata, $. !hil.
#1')
F: 1he accused, without a license, drove his jeep rec8lessly such that
it turned turtle resulting into the death of four of its passengers.
!rosecuted for multiple homicide through rec8less imprudence3 he was
convicted. SubseAuently, he was prosecuted for driving without a
license under the ,and 1ransportation ,aw. 7s there <"C-,5
>5"!*+<IO
*: ?"?5. 1he two offenses are distinct: one is punished by the !enal
2ode and the other by special law. !eople vs. %uanco, .' !hil. /'$)
F: 1he accused married twice and lived with the second woman as
husband and wife for Auite some time. !rosecuted for bigamy, he was
convicted. SubseAuently, he was prosecuted for concubinage. 7s there
<"C-,5 >5"!*+<IO
*: ?"?5. 1he two offenses are distinct. 7n bigamy, marriage is an
essential element. Iou can only commit bigamy if you are married and
you marry another. -ut in concubinage, marriage is not an essential
element mere living together as husband and wife is sufficient. !eople
vs. Schnec8enburger, 4& !hil. #1') 7f you are a married man and you
live as husband and wife with another woman, that is concubinage even
if you will not marry her.
!5+5M vs. 2"C+1 "E *!!5*,S
1/. S2+* &'/
E*21S: *ccused was charged with consented abduction. De
was acAuitted. 1he court said that it was Aualified seduction
pala, and not consented abduction. So, another complaint for
seduction was filed against the accused. 1he accused pleaded
double jeopardy. 7s there double jeopardyO
D5,<: ?"?5. *lthough they may have arisen from the
same set of facts, Gand they are both crimes against chastityH
they are not identical offenses as would ma8e applicable the rule
on double jeopardy.
1here are similar elements between 2onsented *bduction
and Fualified Seduction, namely: 1) that the offended party is a
virgin, and, &) that she must be over twelve 1&) and under
eighteen 1.) years of age. Dowever, two elements differentiate
the two crimes. 2onsented *bduction, in addition to the two
common elements, reAuires that: 1) the ta8ing away of the
offended party must be with her consent, after solicitation or
cajolery from the offender, and, &) the ta8ing away of the
offended party must be with lewd designs. "n the other hand, an
information for Fualified Seduction also reAuires that: 1) the
crime be committed by abuse of authority, confidence or
relationship, and, &) the offender has se@ual intercourse with
the woman Gwhich is not reAuired in abductionH.
?75++* vs. <*2CI2CI
1.1 S2+* 1
E*21S: * chec8 bounced. 1wo cases were filed: 1) 5stafa,
under *rticle '10, +!2, and &) -! &&. 7s there <"C-,5
>5"!*+<IO
D5,<: ?"?5. 1he two crimes are distinct. Jhile, in filing
of the two sets of information may refer to identical acts, the
prosecution cannot be limited to one offense because a single
criminal act may give rise to a multiplicity of offenses with
different elements. !rosecution for the same act is not
prohibited. Jhat is forbidden is prosecution for the same
offense.
Dowever under the 2onstitution, if the same act is punished
by a national law and an ordinance, iba na yanV 2onviction or
acAuittal in either one will constitute double jeopardy that is
the e@ception. -ut, if you are violating two national laws, e.g.
-! && and 5stafa, then there is no double jeopardy.
1hose are e@amples of ?" double jeopardy.
D"J5;5+, there are cases where the crimes are not identical but
double jeopardy can be applied. 1he best e@ample is delito continuado
because the S2 said the protection against double jeopardy may be
e@tended to a case of a single criminal act impelled by a single criminal
intent, resulting into two or more juridically identical offenses.
F: %ive e@amples of the rule mentioned above.
*: 1he following:
1. Mr. 2adungog stole two &) fighting coc8s in the same place. De
was prosecuted for stealing one coc8. De cannot be prosecuted
anymore for stealing the other coc8. *lthough there are two acts
of ta8ing but there is only one criminal intent that is where
double jeopardy will arise. !eople vs. <e ,eon)3
&. * person was charged with illegal importation of blasting caps
a device for preparing e@plosives cannot be subseAuently
prosecuted for illegal possession of the same, for there can
hardly be importation without possession. !eople vs. 5l8anish,
$( !hil. 0')3
'. * person charged with rec8less driving under the ,1" ,aw
cannot be subseAuently charged with damage to property
through rec8less imprudence because rec8less driving is the
essential element of both offenses. !eople vs. <iaB, $# !hil.
41#3 !eople vs. -elga, 1(( !hil. $$/)3
#. * person convicted of illegal possession of opium cannot be
subseAuently prosecuted for illegal possession of opium pipe
found together with the opium. C.S. vs. !ho 2hi, &( !hil. 1(#)3
0. !ossession of two or more unlicensed firearms in one place
constitutes but one offense so that conviction for illegal
possession of one firearm is a bar to a subseAuent prosecution
for possession of the other or others. C.S. vs. %ustilo, 1$ !hil.
&(.)
M*,,*+7 vs. !5"!,5
1/. S2+* #&&
E*21S: 1he accused wanted to mortgage two &) lots to the
victims, let us say for !',(((, at !1,0(( each. Sabi ng victim,
:6ulang man ang 8warta 8o. 7 will only lend you !1,0((, good
for one lot lang. Iou as8 my mother=in=law ba8a may pera
siya.9 Meron man din. So hinati the other lot was mortgaged
to the mother=in=law of the victim for !1,0((. 7t turned out that
all those deed of mortgage were falsified. 1wo cases were filed
against the accused because there were two victims.
7SSC5: 7s there double jeopardyO
D5,<: I5S. 1here is only one crime committed. 1here is
only one intent to defraud. 7t is just accidental that the intended
victim only got one=half. 1here is a similar crime consisting of
a series of acts, but all arising from one criminal resolution.
5?+7,5 vs. *M7?
September 1', 1$$(
E*21S: 5nrile was charged for rebellion during the coup dL
etat during the time of !resident *Auino for conspiring with
Donasan. <uring the highlight of the coup attempt, nandun si
Donasan sa birthday party ni 5nrile. Jhile the case for
rebellion was pending, another case was file against him under
!< ?o. 1.&$ for harboring or concealing fugitives. 1he
prosecution contended that harboring, concealing a fugitive is
punishable under a special law, while rebellion is punishable
under the !enal 2ode.
D5,<: 1he prosecution is wrong. 7n the light of the
absorption doctrine, the prosecution must fail. *ll crimes which
are mere components of rebellion or are committed in
furtherance thereof are absorbed in rebellion. :1he theory of
absorption in rebellion cases must not confine itself to common
crimes but also to offenses under special laws which are
perpetrated in furtherance of the political offense.9 *nd yet, the
two crimes are punishable by two different statutes.
1echnically, they are not the same offense and yet one absorbs
the other because when you are in conspiracy with the rebels,
necessarily you harbor each other. Iou cannot be e@pected to be
a traitor to each other. So, how can you separate one crime from
the othersO
*lright. *nd both of them were among the senators Donasan and
5nrile. ?ow, we will go to the third senator Miriam Santiago.
S*?17*%" vs. %*+2D71"+5?*
&&. S2+* &1#
E*21S: Miriam Santiago was charged criminally with
violation of *nti=%raft and 2orrupt !ractices *ct allegedly
committed by her by favoring unAualified aliens when she was
still the 7mmigration 2ommissioner. ,ater, the prosecution
sought to change the charge by filing thirty=two '&) amended
information since '& aliens were benefited. So, '& cases were
filed.
D5,<: 1he prosecution is directed to consolidate the '&
informations into 1 information charging only 1 offense. :1he
concept of delito continuado, although an outcrop of the
Spanish !enal 2ode, has been applied to crimes penaliBed under
special laws citing *rticle 1( of the +!2. 1he '& *mended
7nformations aver that the offenses were committed on the same
period of time, i.e., on or about "ctober 14, 1$... 1he strong
probability even e@ists that the approval of the application for
the legaliBation of the stay of the '& aliens was done by a single
stro8e of the pen, as when the approval was embodied in the
same document.9
E"+ *?I "1D5+ "EE5?S5 JD72D ?525SS*+7,I
7?2,C<5S "+ 7S ?525SS*+7,I 7?2,C<5< 7? 1D5 "EE5?S5
2D*+%5< 7? 1D5 E"+M5+ 2"M!,*7?1
1hus, a charge of Murder, double jeopardy for Domicide3 a charge
for Domicide, double jeopardy for murder. 5ither one eh, bali8taranV
-asta one offense is included in the other. +obbery includes theft3
serious physical injuries includes less serious physical injuries and
slight physical injuries. !eople vs. MartineB, 00 !hil. /3 !eople vs.
-elga, 1(( !hil. $$/) Sama=sama lahat Nyan. 1hat is covered by the
protection against double jeopardy.
6aya nga in the plea=bargaining, when the accused pleads guilty to a
lesser offense included in the crime charged with consent of the
prosecution and the offended party, there is double jeopardy already.
Iou cannot be charged anymore for a lighter offense. 1hat is covered by
double jeopardy rule.
!5"!,5 vs. +5,";*, supra
D5,<: :1he law here see8s to prevent harassment of an
accused person by multiple prosecutions for offenses which
though different from one another are nonetheless each
constituted by a common set or overlapping sets of technical
elements. "therwise, an unlawful act or omission may give use
to several prosecutions depending upon the ability of the
prosecuting officer to imagine or concoct as many offenses as
can be justified by said act or omission by simply adding or
subtracting essential elements. Cnder the theory of appellant the
crime of rape may be converted into a crime of coercion, by
merely alleging that by force and intimidation the accused
prevented the offended girl from remaining a virgin.9
5P25!17"?S 1" 1D5 <"C-,5 >5"!*+<I +C,5
F: Jhat are the e@ceptions to the double jeopardy ruleO
*: 1here are three ') e@ceptions, under Section 4:
1. the graver offense developed due to supervening facts
arising from the same act or omission constituting the
former charge3 Section 4 GaH)
&. the facts constituting the graver charge became 8nown
or were discovered only after a plea was entered in the
former complaint or information3 Section 4 GbH) or
'. the plea of guilty to the lesser offense was made
without the consent of the prosecutor and of the offended
party e@cept as provided in section 1f) of +ule 11/.
Section 4GcH)
1D5 %+*;5+ "EE5?S5 <5;5,"!5< <C5 1" SC!5+;5?7?%
E*21S *+7S7?% E+"M 1D5 S*M5 *21 "+ "M7SS7"?
2"?S171C17?% 1D5 E"+M5+ 2D*+%5
1his is also 8nown as the supervening fact doctrine, also 8nown as
the Melo <octrine because this rule was laid down in the case of Melo
vs. !eople, #0 !hil. 4//.
5P*M!,5: MortB stabbed 6im. 6im was confined in the hospital.
MortB was charged with frustrated homicide. De pleaded guilty. *fter &
days, 6im died. So the fiscal amended the information to consumated
homicide. MortB pleaded guilty double jeopardy. Cnder the Melo
doctrine, there is no double jeopardy because of the supervening fact of
death of the victim arising from the same act or omission constituting
the former charge the graver offense developed due to the supervening
fact.
1he reasoning in Melo is that, when the accused was charged with
frustrated homicide, the crime of consummated homicide was not yet in
e@istence because the victim is still alive. So the crime of consummated
homicide started to come out after the arraignment. 1herefore, the
information can be changed to consummated homicide.
1D5 E*21S 2"?S171C17?% 1D5 %+*;5+ 2D*+%5 -52*M5
6?"J? "+ J5+5 <7S2";5+5< "?,I *E15+ * !,5* J*S
5?15+5< 7? 1D5 E"+M5+ 2"M!,*7?1 "+ 7?E"+M*17"?
?ow, the Melo doctrine had flaw which the S2 observed in other
cases. Eor e@ample we will change the facts:
MortB shot 6im. 6im was confined in the hospital. MortB
was charged with frustrated homicide. ,etLs say MortB will be
arraigned tomorrow, but tonight 6im died. 1he following
morning, nobody 8new about it. So the arraignment continued
and MortB pleaded guilty to frustrated homicide. *fter MortB
was sentenced to frustrated homicide, that is the time the
prosecutor learned that 6im died. De now wants to change to
consummated homicide.
2an he change the informationO 1he S2 said, no more. 1he Melo
doctrine does not apply there because you cannot say that the death of
the victim supervenes after the arraignment even before the
arraignment, the victim was already dead. 1he crime of consummated
homicide was already in e@istence. MortB could have been charged
already when he was arraigned. :!ero hindi man namin alamO9 *h
pasensya, that is your ris8. So that is where the Melo doctrine cannot
apply.
1his creates unfairness eh. 1here were cases where that really
happens. ,i8e in one case where the accused was charged with physical
injuries in the arm of the victim. ,ess serious physical injuries, because
the doctor said it would heal in two wee8s. De was charged, pleaded
guilty, sentenced to less serious physical injuries arresto mayor. 1hen
after one month, wala pa man naayo, the injury was still there. 1he
victim went to the doctor. 7ni=@=ray, bali pala ang butoV Meaning, the
crime all along was serious. 1he trouble is, the fracture was not detected
by the doctor. So they sought to change the charge to serous physical
injuries. 1he S2 said, ?", the fracture did not supervene after the
arraignment. 7t was there all along. "nly, it was discovered after. Iou
cannot change the information because double jeopardy applies.
Jhat is worse is the case of !5"!,5 ;S. 271I 2"C+1 "E
M*?7,*, where the victim was charged with physical injuries through
rec8less imprudence and then arraigned 8aagad ang accused. Ion pala,
patay na ang victim. 1he fiscal move to postpone the arraignment to
verify the status of the victim. D5,<: *h walang postponementV 1uloyV
So it was really unfair. 7t is not covered by the Melo <octrine. Iou
cannot say tha the greater injury came after. 7t was already there all
along. "nly it was discovered after the plea.
1o avoid confusion we now have paragraph GbH:
:the facts constituting the graver charge became 8nown or
were discovered only after a plea was entered in the former
complaint or information39
So even if the graver offense was already e@isting before the
arraignment but it became 8nown only after the plea, there is no more
double jeopardy. 1his amendment created another e@ception not covered
by the Melo doctrine.
1D5 !,5* "E %C7,1I 1" 1D5 ,5SS5+ "EE5?S5 J*S M*<5
J71D"C1
1D5 2"?S5?1 "E 1D5 !+"S52C1"+ *?< "E 1D5 "EE5?<5<
!*+1I 5P25!1 *S !+";7<5< 7? S5217"? 1E) "E +C,5 11/.
Iou 8now this plea=bargaining, plea of guilty to a lesser offense it
must be wit the consent of the prosecutor and the offended party. *nd
remember, once there is a plea=bargaining, you cannot be charged
anymore for the graver offense e@cept as provided in Section 1 GfH, +ule
11/ when during the plea=bargaining the offended party will not show
up, in which case, the consent of the prosecutor alone is reAuired. 1his is
a provision which compels the offended party to appear in the plea=
bargaining. "therwise, the accused may offer to plea guilty to a lesser
offense and the prosecutor will say, :"69 you are bound because you
did not appear.
F: -ut suppose MortB has already started serving his sentence for
frustrated homicideO
*: 1here is no problem because under the last paragraph of Section 4,
:7n any of the foregoing cases, where the accused satisfies or serves in
whole or in part the judgment, he shall be credited with the same in the
event of conviction for the graver offense.9
. #. *mendment of complaint or information. 7f the
motion to Auash is based on an alleged defect of the
complaint or information which can be cured by amendment,
the court shall order that an amendment be made. #a)
7f it is based on the ground that the facts charged do not
constitute an offense, the prosecution shall be given by the
court an opportunity to correct the defect by amendment. 1he
motion shall be granted if the prosecution fails to ma8e the
amendment, or the complaint or information still suffers from
the same defect despite the amendment. n)
*ctually, some of the grounds of a motion to Auash are harmless, they
are not fatal. 1hey can be cured by amendments.
1he second paragraph of Section # is new. 7t was merely inserted to
complement the first paragraph.
5P*M!,5: Motion to Auash that the information does not comply
with the prescribed form because ta8ing of oath was forgotten. 7 do not
thin8 the court will order for the dismissal of the criminal case because
of that. 7t will instead issue an order directing the fiscal to amend, :1a8e
the oath, so it will be cured.9 1his is a ground for Auashal which is not a
serious defect but only a formal defect. 1hus, instead of Auashing the
information the court may e@tend the right to the fiscal to amend the
complaint or information since the name is curable.
Dowever under the second paragraph, despite the lapse of so many
days, the prosecutor did not file the amended information or even if he
filed the corrected information, pero ganun pa rin, the defect is still
there, 7 will rather move to Auash the information.
Sec. #
&mendment of 2omplaint or Information
1. If the motion to ?uash is ased on%
1. An alle(ed de+ec% o+ %)e com'lain% or in+orma%ion 7)ic)
can Ae cred A/
amendmen%M
1. T)e cor% &)all no% ;a&) %)e com'lain% or
in+orma%ion o%ri()%#
". I% &)all order %)a% an amendmen% Ae made
". T)e (rond %)a% %)e +ac%& c)ar(ed do no% con&%i%%e an
oBen&eM
1. T)e cor% &)all no% ;a&) %)e com'lain% or
in+orma%ion o%ri()%#
". I% &)all (i$e %)e 'ro&ec%ion an o''or%ni%/ %o correc%
%)e de+ec%
A/ amendmen%
2. <he court shall grant the motion to ?uash the complaint
or information if%
1. %)e 'ro&ec%ion +ail& %o maIe %)e amendmen%# or
". %)e com'lain% or in+orma%ion &%ill &Ber& +rom %)e &ame
de+ec% de&'i%e
%)e amendmen%
1. )e?uirement of preliminar! in0estigation
4atalam 0. Sandigana!an
#33 S2)& :3:
&pril 12, 2663
Second Di0ision% 2hico.-a/ario, 8.
,uestion%
W)en an in+orma%ion i& amended# i& acc&ed en%i%led %o
ano%)er 'reliminar/ in$e&%i(a%ionJ
&nswer%
<e+ore %)e 'lea i& %aIen# %)e in+orma%ion ma/ Ae amended in
&A&%ance and:or +orm# 7i%)o% lea$e o+ cor%9 A% i+ amended in
&A&%ance# %)e acc&ed i& en%i%led %o ano%)er 'reliminar/
in$e&%i(a%ion# nle&& %)e amended c)ar(e i& rela%ed %o or i&
inclded in %)e ori(inal c)ar(e. T)&# %)e rle i&M <e+ore or a+%er a
'lea# a &A&%an%ial amendmen% in an in+orma%ion en%i%le& an
acc&ed %o ano%)er 'reliminar/ in$e&%i(a%ion. 0o7e$er# i+ %)e
amended in+orma%ion con%ain& a c)ar(e rela%ed %o or i& inclded
in %)e ori(inal in+orma%ion# a ne7 'reliminar/ in$e&%i(a%ion i& no%
re;ired.
.
5ffects of grant of motion to Auash the complaint or information
Je will ta8e up Section 0 together with Section /.
S71C*17"?: *n information is filed against you and it is not in the
prescribed form.
F: Jhat would the court doO
*: -ased on Section #, the court will, instead of Auashing , allow the
fiscal to amend. *nd your motion is already moot and academic. -ut
suppose the court will Auash the information because it was filed by
somebody who was not authoriBed to file and the motion to Auash is
sustained, it does not mean to say that the case cannot be re=filed since
the defects are incurable.
S71C*17"?: 1he case of homicide is filed in the M12 when
actually it should be filed in the +12. Since the M12 has no
jurisdiction, you file a motion to Auash. *nd the judge shall Auash it.
F: Jhat would the fiscal doO
*: 1omorrow he will re=file it. So when the case is dismissed on such
a ground lac8 of jurisdiction or it does not conform with the prescribed
form the rule is it is not a bar to re=file the case. 7t can be filed again.
5P25!1 when the ground for dismissal is falling under paragraphs
GgH and GiH of Section ', +ule 114.
F: Jhat is paragraph GgHO
*: :1hat the criminal action or liability has been e@tinguished.9 7f the
case is Auashed on this ground, it is the end since the same is
e@tinguished already. Iou cannot re=file it anymore.
F: Jhat is paragraph GiHO
*: :that the accused has been previously convicted or acAuitted of the
offense charged, or the case against him was dismissed or otherwise
terminated without his e@press consent.9 So you cannot re=file the
information because of double jeopardy.
*s a general rule, all other grounds for motion to Auash even if
granted will not really be a total victory for the accused. 1hat is why
some lawyers will never bother to file a motion to Auash anymore. 1his
is because once you file it, the same case would be re=filed. *s a matter
of fact, there are cases when it is not advisable to file a motion to Auash
unless there is a serious reason. 7t is a matter of judgment. 7f you thin8 it
will not benefit you client, then do not file it. ,i8e in preliminary
investigation some lawyers will not submit to criminal investigation
most especially if they believe the fiscal will file because of probable
cause. -etter if 7 will not file so that you will not 8now who are my
witnesses or statements.
*s a matter of fact that happened already. 1here was a case wherein
the information stated that the accused issued five 0) chec8s, with
different dates, all are post=dated. *ll five chec8s bounced. So, a
complaint against the accused was filed before the fiscal. Jhat the fiscal
did was to file one case for estafa reciting there that the accused issued
five chec8s of five different dates with different maturities, and all
bounced.
So it turned out that the information is duplicitous because every
chec8 should have been one case. Iou 8now what the lawyer for the
accused didO De file a motion to Auash stating that the information
charges more than one case of estafa. 1he lawyer was correct, so the
dismissed the information. 1he following day, the fiscal filed 0
informations. "ne case for every chec8. 7n effect there are five warrants
of arrest already. 1hen the accused as8ed his lawyer, :*tty, what
happenedO -efore 7 have only one case. ?ow, there are already fiveV9
F: 7f you are the lawyer, how will you e@plain thatO
*: *ctually, legally you are correct. *n information should charge
only once crime. -ut since t charges five crimes so you move to Auash
which is a valid ground. -ut loo8 at the effect the accused now has
five warrants. 2an you say, it is because of a duplicitous informationO
De cannot understand that.
1hat is why there is difference in just 8nowing the law from 8nowing
how to apply the law. Iou should 8now the law and you should 8now
how to use it. 7f it is not in you interest, do not use it. Jhy move to
Auash when by doing so would worsen your situation. "f course, there
are also instances where there is a need to object by virtue of a
duplicitous information.
F: Jhen do you apply itO
*: 1hat is for the lawyer to judge. Jill you use it or notO 7n other
words, there is a need you to have a clear picture of the situation. Iou
must not only 8now the +ules of 2ourt but also when the law must be
used. *n e@ample is a to Auash. Dow to apply it.
Dowever, when a case is Auashed on the ground that the criminal
liability has been e@tinguished or the accused is placed in double
jeopardy, once it is Auashed, that is the end. 7t cannot be re=filed.
5? -*?2
G%.+. ?o. ,=/01.. March '(, 1$0#.H
1D5 !5"!,5 "E 1D5 !D7,7!!7?5S, plaintiff=appellant, vs.
E+*?27S2" <7*M, defendant=appellee.
Solicitor %eneral >uan +. ,iwag and Solicitor >ose %. -autista for
appellant.
Eeli@ !adua for appellee.
< 5 2 7 S 7 " ?
M"?15M*I"+, > p:
"n ?ovember &#, 1$01, Erancisco <iaB was accused in the Municipal
2ourt of !asay 2ity of a violation if Section 0& of *ct '$$& 8nown as
the +evised Motor ;ehicles ,aw committed as follows:
R1hat on or about the 1&th day of ?ovember, 1$01, in !asay 2ity,
!hilippines, the abovenamed accused Erancisco <iaB being then the
driver and person in charge of *utomobile bearing plate ?o. 10/(
should be 10/(), did then and there wilfully and unlawfully drive and
operate said automobile along 1aft *venue, this city, in a fast and
rec8less manner, without ta8ing the necessary precautions to avoid
accident to persons and damage to property, thereby causing an
accident.R ,,phil
<iaB pleaded not guilty to the charge and after the case was called for
hearing twice without the prosecution appearing, the Municipal 2ourt on
motion of the defense dismissed the case Rfor failure of the %overnment
to prosecute.R 1his was on <ecember &&, 1$01.
"n May $, 1$0&, the *ssistant 2ity *ttorney of !asay 2ity filed an
information in the 2ourt of Eirst 7nstance of +iBal charging the same
Erancisco <iaB with <amage to !roperty thru +ec8less 7mprudence
committed as follows:
R1hat on or about the 1&th day of ?ovember, 1$01, in !asay 2ity,
!hilippines, the abovenamed accused Erancisco <iaB being the driver
and person in charge of automobile bearing plate ?o. 10/(, did then and
there willfully, unlawfully and feloneously drive, operate and manage
the same along 1aft *venue, this city, in a rec8less, negligent and
imprudent manner, without ta8ing the necessary precautions to avoid
accident to persons and damage to property, causing by such negligence,
carelessness and imprudence the said automobile with plate ?o. 10/(,
hit, bumped and collided against an "ldsmobile car with plate ?o.
1&'#. driven by !otenciano 5ria, thereby causing damage to the latter
vehicle in the amount of !&#$.0( to the damage and prejudice of the
owner Say 6oc 2huan in the aforesaid sum of !&#$.0(.R "n "ctober 1(,
1$0&, the +iBal 2ourt issued an order postponing the arraignment of the
accused to "ctober &4, 1$0&, giving counsel for the defendant until
"ctober 1/th within which to file a motion to Auash. "n said date
defendantXs counsel filed his motion based on double jeopardy because
of the previous charge of violation of the +evised Motor ;ehicle ,aw
sec. 0& thereof) with the Municipal 2ourt of !asay 2ity. "n ?ovember
14, 1$0&, the +iBal 2ourt issued an order sustaining the motion to Auash
and dismissing the case with costs de oficio. 1he %overnment is
appealing from that order and because the appeal involves only
Auestions of law, the same was ta8en directly to this 2ourt.
7s there double jeopardy in the present caseO
*s regards the dismissal of the first case in the Municipal 2ourt of
!asay 2ity, it is true that since the defendant himself as8ed for said
dismissal, at first blush, it may not be considered as coming under the
provisions of +ule 11', section $ of the +ules of 2ourt which provides
that there is former jeopardy Rwhen a defendant shall have been
convicted or acAuitted, or the case against him dismissed or otherwise
terminated without the e@press consent of the defendant.R -ut in the case
of %andicela vs. Don. ,utero, .. !hil., &$$, w held:.
R7f the defendant wants to e@ercise his constitutional right to a speedy
trial, he should as8, not for the dismissal but for the trial of the case. 7f
the prosecution as8s for the postponement of the hearing and the court
believes that the hearing cannot be postponed anymore without violating
the right of the accused to a speedy trial, the court shall deny the
postponement and proceed with the trial and reAuire the fiscal to present
the witnesses for the prosecution3 and if the fiscal does not or cannot
produce his evidence and conseAuently fails to prove the defendantXs
guilt beyond reasonable doubt, the 2ourt, upon the motion of the
defendant, shall dismiss the case. Such dismissal is not in reality a mere
dismissal although it is generally so called, but an acAuittal of the
defendant because of the prosecutionXs failure to prove the guilt of the
defendant, and it will be a bar to another prosecution for the offense
even though it was ordered by the 2ourt upon motion or with the e@press
consent of the defendant, in e@actly the same way as judgment of
acAuittal obtained upon the defendantXs motion !eople vs. Salico, .#
!hil., 4&&).R.
1he dismissal of the charge in the !asay 2ity Municipal 2ourt is even
a stronger case than the e@ample considered in the case of %andicela
above referred to. Dere the prosecution was not even present on the day
of trial so as to be in a position to proceed with the presentation of
evidence to prove the guilt of the accused. 1he case was set for hearing
twice and the prosecution without as8ing for postponement or giving
any e@planation, just failed to appear. So the dismissal of the case, the at
the instance of defendant <iaB may, according to what we said in the
%andicela case, be regarded as an acAuittal.
1he ne@t Auestion to determine is the relation between the first
offense of violation of the Motor ;ehicles ,aw prosecuted before the
!asay 2ity Municipal 2ourt and the offense of damage to property thru
rec8less imprudence charged in the +iBal 2ourt of Eirst 7nstance. "ne of
the tests of double jeopardy is whether of not the second offense charged
necessarily includes or is necessarily included in the offense charged in
the former complaint or information +ule 11', section $). *nother test
is whether the evidence which proves one would prove the others, that is
to say, whether the facts alleged in the first charge if proven, would have
been sufficient to support the second charge and vice versa3 or whether
one crime is an ingredient of the other. 1
7t is clear that in the present case the second charge of <amage to
!roperty thru +ec8less 7mprudence includes the first charge of rec8less
driving3 that the facts alleged in the information on damage to property
thru rec8less driving, if proven, would have been sufficient to support
the first charge of rec8less driving, and finally, that the offense of
rec8less driving is an ingredient of the offense of damage to property
thru rec8less imprudence, all for the simple reason that the basic element
in both offenses is rec8less driving. 1hus it is evident that we have here
a case of double jeopardy. *nd there is no e@planation why when <iaB
was first charged with a violation of the Motor ;ehicle ,aw because of
rec8less driving, the damage to property was not included.
* defendant should not be harassed with various prosecutions based
on the same act by splitting the same into various charges, all emanating
from the same law violation, when the prosecution could easily and well
embody them in a single information.
1he order of dismissal by the +iBal 2ourt of Eirst 7nstance is
affirmed, with costs de oficio.
!aras, 2. >., -engBon, !adilla, -autista *ngelo, ,abrador,
2oncepcion, and <io8no, >>., concur.
S52"?< <7;7S7"?
G%.+. ?o. 10$&/1. Eebruary &1, &((4.H
!5"!,5 "E 1D5 !D7,7!!7?5S, petitioner, vs. 1D5 D"?"+*-,5
2"C+1 "E *!!5*,S E7E155?1D <7;7S7"?) *?< +*M"?
%*,727* y M*?+5S*, respondents.
< 5 2 7 S 7 " ?
FC7SCM-7?%, > p:
1his petition for certiorari assails the 2ourt of *ppealsX <ecision 1
dated May &&, &((' in 2*=%.+. 2+ ?o. &'/(0, entitled R!eople of the
!hilippines v. +amon %alicia y Manresa,R on the ground that said
decision was issued with grave abuse of discretion. 1he decision
reversed the trial courtXs conviction of herein private respondent +amon
%alicia, and acAuitted him. 1Sac*5
1he informations against the private respondent as one of the accused
in two cases for homicide before the +egional 1rial 2ourt +12) of
"riental Mindoro, -ranch #', read:
2riminal 2ase ?o. +=4&0
1he undersigned accuses +*M"? %*,727*, +"-5+1" GCH+51*,
>">" M*?71", ?5S1"+ ;725?15, >C? -*?*?% and M5+,G7H?
;725?15 of the crime of homicide committed as follows:
1hat on or about the 1/th day of *ugust, 1$$0, at 1(:(( oXcloc8 in the
evening, more or less, in the -arangay of San *ntonio, Municipality of
Mansalay, !rovince of "riental Mindoro, !hilippines and within the
jurisdiction of this Donorable 2ourt, the above=named accused, with
intent to 8ill and conspiring, confederating and mutually aiding one
another, did then and there willfully, unlawfully and feloniously attac8,
assault and stab one 1D5,M" *-5?7+ thereby inflicting upon the
latter stab wounds on the different parts of his body resultant therewith
caused his death shortly thereafter.
2ontrary to *rticle &#$ of the +evised !enal 2ode. &
2riminal 2ase ?o. +=4&/
1he undersigned accuses R>C?R -*?*?%, >">" M*?71"
+*M"? %*,727*, G+H"-5+1" GCH+51*, ?5S1"+ ;725?15 and
M5+,G7H? ;725?15 of the crime of homicide committed as follows:
1hat on or about the 1/th day of *ugust, 1$$0, at 1(:(( oXcloc8 in the
evening, more or less, in the -arangay of San *ntonio, Municipality of
Mansalay, !rovince of "riental Mindoro, !hilippines and within the
jurisdiction of this Donorable 2ourt, the above=named accused, with
intent to 8ill and conspiring, confederating and mutually aiding one
another, did then and there willfully, unlawfully and feloniously attac8,
assault and stab one +*M"? *-5?7+ thereby inflicting upon the latter
stab wounds on the different parts of his body resultant therewith caused
his death shortly thereafter. <57DSa
2ontrary to *rticle &#$ of the +evised !enal 2ode. '
"n arraignment, all accused entered pleas of not guilty and thereafter
a joint trial ensued.
1he "ffice of the Solicitor %eneral "S%) summed up the
prosecutionXs version # of the incident at bar, as follows:
*t about 1(:(( p.m. on *ugust 1/, 1$$0, +amon *benir +amon)
arrived at the house of his parents, 1helmo and <olores, in San *ntonio,
Mansalay, "riental Mindoro. "nce inside, +amon shouted R,umabas
8ayo 6apitan, -arangay 1anod.R 0 Someone who was later identified as
-rgy. 2aptain +amon %alicia %alicia) retorted, R +amon, lumabas 8a
diyan, labas, babarilin 8ita.R / 1hereafter, %alicia fired two shots,
destroyed the perimeter fence, bro8e the 8itchen door and entered the
house. 4 * fight ensued between +amon and %alicia. 1he two wrestled
for possession of a bladed weapon. %alicia pulled +amon towards the
bed where the spouses 1helmo and <olores were seated. <olores saw
+oberto Creta, a companion of %alicia, stab +amon. *ccording to
<olores, her husband and she were only an armXs length away . and they
witnessed what happened.
*nother companion of %alicia, namely ;icente R>unR -anang, >r.,
also entered the house and then dragged 1helmo towards the bac8 of the
house. $ Creta joined -anang in the assault on 1helmo, and banged
1helmoXs head against the wall of the house. *nd then, uttering
R6unsintidor sa iyong ana8,R Creta stabbed 1helmo. 1(
*t about the same time, *udie *benir, the brother of +amon, testified
that he was about ten meters away from their parentsX house. De also
heard his brother, +amon, shouting, R Mga tanod, 6apitan, lumabas
8ayo.R 1hereafter, according to *udie, he saw %alicia arrived with some
men. De saw %alicia fired shots and call out, R +amon, lumabas 8a,
babarilin 8ita.R Suddenly, he heard a commotion from his parentsX
8itchen and heard his mother saying, RG+odingH, tulungan mo 8ami,
pinaso8 8ami nina 6apitan.R 11 Erom his childrenXs room, *udie said, he
witnessed his brother +amon and %alicia fighting. De also saw Creta in
the 8itchen. De sought help, and with S!"& ?olito R?oliR Maning and
Eeli@ MaAuirang, the responding policemen, they went to his parentsX
house where he saw his brother +amon, lying near the front door with a
chest wound, and his father, 1helmo, clutching his intestines that were
protruding from an open wound as he sat by +amonXs head. 1& Maning
rushed +amon and 1helmo to the hospital. *udie also testified that he
had 8nown both %alicia and Creta from childhood. DS7<15
1helmoXs son and +amonXs brother, Eelipe, testified that while
attending to his father in the hospital, on *ugust &#, 1$$0, his father told
him in the vernacular, R!ing, may sasabihin a8o sa iyo, iyong
pa8atandaan at huwag mong 8alilimutan.R 1' Eelipe got a pen and paper
and wrote the names enumerated by his father as those who entered their
house S R6ap. %alicia, -erting Creta, >un -anang, ?estor ;icente,
Merlin ;icente, >ojo Manito.R * few minutes later, 1helmo died. 1#
<r. Moises Serdoncillo, medico=legal officer of the 2alapan
!rovincial Dospital, unsuccessfully operated on both +amon and
1helmo3 both father and son died.
1he medical certificate issued by <r. Serdoncillo showed that +amon
sustained a stab wound which penetrated the middle portion of his
abdomen. 1he cause of +amonXs death was loss of blood and infection.
1helmoXs medical certificate showed that he sustained a stab wound at
the left portion of his abdomen which injured his spleen and traversed
the colon up to the posterior abdominal wall. 1helmo also had a
hematoma at the bac8, caused by something that hit him. *ccording to
the medical certificate, 1helmo died of cardiorespiratory arrest due to
myocardial infarction secondary to stab wound.
1he defenseXs version 10 of the incident was culled mainly from the
testimonies of accused %alicia, >ojo Manito and Merlin ;icente, as
follows:
%alicia testified that at around .:#0 p.m. on *ugust 1/, 1$$0, while
he was in his sister -enedictaXs house, he saw +amon in front of the
-arangay Dall located about five meters from -enedictaXs house. +amon
was shouting, R6apitan, mga -arangay 1anod, lumabas 8ayo riyan.
6ayoXy a8ing papatayinVR 1/ %alicia approached +amon and told him to
go home. +amon relented, and %alicia said he even accompanied
+amon home. +amon rushed upstairs, straight to the window and started
throwing stones, hitting %alicia in the 8nee. *ccording to %alicia, as he
wal8ed away, he heard the continued shouts of 1helmo and his wife
calling their sons, *udie and Eeli@, to help. De tried to ignore 1helmoXs
wife calling, but when he heard +amon shouting, R6apitan, huwag 8ang
umalis. 78aw ay a8ing papatayin,R 14 he turned towards the 8itchen of
the house. De was by the bro8en fence and about two meters from the
door of the 8itchen when he told +amon, R1u8ayo, huwag 8ang
lumaban. Maraming tao dito, ba8a 8a madisgrasiya.R 1. -y then, several
persons were milling in front of the gate. -ut, +amon suddenly came out
of the 8itchen and struc8 him with a scythe. De parried the blow with
both hands and they grappled for the scythe. 1he scythe hit him in his
arms and body. Suddenly, +amon fell and his head hit the door8nob of
the 8itchen door. 1hey continued grappling and %alicia was hit in the
nape. 1$ *t this point, %alicia shouted for assistance, RMga 8asama,
8ung meron man diyan sa labas, a8oXy may tamaVR &(
*ccused >ojo Manito, a barangay tanod who heard the call,
approached the protagonists. Manito even demonstrated during trial the
position of the two protagonists as they grappled for the scythe. De said
that as he entered, %alicia was crouching, holding +amonXs hands.
+amon, still holding on to the scythe, was lying underneath %alicia.
Manito said he tried to grab the scythe from +amon but he was hit on his
left hand near the thumb, upper left forearm, and on his right hand, near
the thumb. Manito recalled he had a tear gas canister in his poc8et and
told %alicia about it. *fter instructing %alicia to cover his face with a
towel, Manito sprayed tear gas on +amon, ma8ing +amon diBBy. %alicia
and Manito left. *t the gate, they met accused Merlin ;icente, who was
about to enter the yard. *s %alicia told Merlin that they were on their
way to get police assistance to bring +amon to the police station,
someone told them that Creta had already called the police. Merlin
helped %alicia board a tricycle. %alicia with Manito and -anang went to
the Medicare 2linic. Manito said that before they left, he noticed several
persons enter the house to assist +amon. De said he did not see accused
Creta and ?estor ;icente during the incident. &1
*ccused ?estor ;icente interposed the defense of alibi, && saying he
was out fishing with +obert *lunsagay and *belio [ ;illanueva from
0:(( p.m. until 1(:(( p.m. on *ugust 1/, 1$$0. ,ater, they sold their
catch to 2armen Magadia whose house was about half a 8ilometer from
the *benirs. Magadia &' and ;illanueva &# were both called as
witnesses to support ?estorXs alibi. 1cD2<5
Merlin ;icente testified that he was in his house which is about forty
meters from the house of the *benirs, at around 1(:(( p.m. on *ugust
1/, 1$$0. &0 *s he rushed to the *benirsX house, he heard shouts of
R1abang 8ayo mga 8apitbahay.R &/ "n the way, he said he met a certain
?orma 2unanan. Jhen they reached 1helmoXs house, he saw a bloodied
%alicia, aided by Manito, on the way out of the compound. De helped
Manito guide %alicia towards a tricycle. &4 De also testified that he did
not see Creta nor 1helmo all the time that he was at the gate. &.
<r. <omingo *sis corroborated the testimony of %alicia. De said he
treated %alicia at around $:'( p.m. on *ugust 1/, 1$$0. De described the
eleven incised wounds %alicia sustained. &$ De also said that the
injuries sustained by %alicia could have been inflicted while grappling
for possession of a sharp bladed instrument li8e a scythe. '( De added
that he treated a companion of %alicia whose name he could not recall.
'1
*ccused Creta and -anang jumped bail during trial and were tried in
absentia. '&
"n *ugust 1$, 1$$$, the +12 rendered a joint decision. 1he decretal
portion of the said decision reads:
JD5+5E"+5, judgment is hereby rendered as follows:
a) 7n 2riminal 2ase ?o. +=4&/, accused +amon %alicia y Manresa
and accused +oberto GCHreta y "rtega are hereby pronounced %C7,1I
of the crime of Domicide with the aggravating circumstance of dwelling
which was off=setted sic) by the mitigating circumstance of sufficient
provocation and each of them is hereby sentenced to an indeterminate
penalty of imprisonment ranging from eight .) years and one 1) day of
prision mayor as M7?7MCM to fourteen 1#) years, eight .) months
and one 1) day of reclusion temporal medium as M*P7MCM and for
them to pay in solidum the heirs of the victim of +amon *benir, the sum
of !0(,(((.(( as compensatory damages and the additional sum of
!0(,(((.(( as moral damages3
b) 1he rest of the accused in 2riminal 2ase ?o. +=4&/ namely
>oseph a.8.a. as >ojo Manito y %alicia, ?estor ;icente y %ervacio,
;icente R>unR -anang, >r. y -uncag and MerlGiHn ;icente y -uncag are
*2FC7115< for insufficiency of evidence and the bailbonds posted by
them are hereby ordered discharged3
c) 7n accordance with *dministrative 2ircular ?o. 1&=$# entitled
R*mendments to +ule 11# of the 1$.0 +ules of 2riminal !rocedure
more particularly paragraph a, Section & of +ule 11# to the effect that
the bail shall be effective upon approval unless sooner cancelled until
the promulgation of judgment by the +egional 1rial 2ourt, the bail bond
posted by the accused +amon %alicia y Manresa is cancelled and he is
ordered committed to the !rovincial >ail. !ursuant to the ruling of the
Donorable Supreme 2ourt in >ose 1. "bosa vs. 2ourt of *ppeals, et al.,
%.+. ?o. 11#'0(, prom. >anuary 1/, 1$$4 that the grant of bail even in
non=capital offenses after conviction of the accused by the +egional
1rial 2ourt is now a matter of discretion and it appearing that none of
the circumstances mentioned in paragraph ', Section 0, +ule 11# of the
+evised +ules of 2riminal !rocedure which could preclude the grant of
bail is present, said accused is allowed to post bail which is hereby fi@ed
at !$(,(((.(( should he decide to appeal from the decision for his
provisional liberty during the pendency of the appeal3
d) ,et an alias warrant of arrest be issued against accused
+oberto GCHreta y "rtega who has jumped bail during the trial of the
case. D*7S5a
Cpon the other hand, in 2riminal 2ase ?o. +=4&0, the court
pronounced judgment as follows:
a) *ccused ;icente R>unR -anang, >r. y -uncag and +oberto GCHreta
y "rtega are hereby found %C7,1I of the crime of Domicide with the
aggravating circumstance of dwelling without any mitigating
circumstance and each of them is hereby sentenced to an indeterminate
penalty of imprisonment ranging from twelve 1&) years of prision
mayor to seventeen 14) years, four #) months and one 1) day of
reclusion temporal ma@imum as M*P7MCM and for them to pay in
solidum the heirs of 1helmo *benir the sum of !0(,(((.(( as
compensatory damages and the sum of !0(,(((.(( as moral damages3
b) 1he rest of the accused in +=4&0 namely +amon %alicia y
Manresa, >oseph R>ojoR Manito y %alicia, ?estor ;icente y %ervacio and
MerlGiHn ;icente y -uncag are *2FC7115< for insufficiency of
evidence and the bail bonds posted by them are discharged3
c),et an alias warrant of arrest be issued against accused ;icente
R>unR -anang, >r. y -uncag and +oberto GCHreta y "rtega.
?o award of actual damages could be made in both cases for failure
of the prosecution to establish the factual bases for entitlement to said
damages.
Eor the convicted accused to pay the cost of suit.
S" "+<5+5<. ''
%alicia appealed his conviction for the death of +amon. De averred
that the trial court erred in finding him guilty of homicide with Creta,
considering that the prosecution failed to prove that he and Creta
conspired to 8ill +amon3 and that the prosecutionXs evidence showed it
was only Creta who stabbed +amon. 1*cSa2
1he 2ourt of *ppeals acted favorably on %aliciaXs appeal and held:
JD5+5E"+5, premises considered, the appeal is %+*?15< and
judgment is hereby rendered reversing the assailed <ecision and
*2FC7117?% accused=appellant +*M"? %*,727* I M*?+5S* of
the crime charged. 1he civil liability pronounced by the <ecision as
against him is hereby deleted. 1he bailbond posted by accused=appellant
is ordered cancelled.
S" "+<5+5<. '#
7n this petition, the "S% asserts:
7.
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77.
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777.
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7?1" 2"?S7<5+*17"? 1D5,M" *-5?7+XS <I7?%
<52,*+*17"?3 *SSCM7?% *+%C5?<" 1D*1 1D5,M"
*-5?7+XS S1*15M5?1 7S ?"1 *<M7SS7-,5 *S *? *?15
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7;.
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!+7;*15 +5S!"?<5?1 -52*CS5 1D5 !+"S52C17"? J*S
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7n sum, the main issues for our resolution are: 1) <id the 2ourt of
*ppeals commit grave abuse of its discretion when it declared there was
no conspiracy to 8ill +amonO &) <id the appellate court err in its
appreciation of the medico=legal report and ante mortem declaration as
res gestae, and then in concluding that the guilt of %alicia had not been
proven beyond reasonable doubtO
,et us now focus on the matter of conspiracy. 1he "S% contends that
conspiracy on the part of %alicia and his companions to 8ill +amon was
apparent from the following events and circumstances:
1) -efore the incident, +amon and %alicia had a heated
argument and +amon threatened to 8ill %alicia and his companions,
giving reason for %alicia and his companions to conspire to enter the
house of the *benirs and attac8 +amon. *Dc2<7
&) -efore brea8ing into the house, %alicia showed his intention
to shoot +amon when he shouted, R +amon, lumabas 8a diyan. ,abas.
-abarilin 8ita.R
') %alicia was the leader and active participant in the attac8 on
+amon and not just a passive bystander.
#) Jhen %alicia was hurt, he called on his companions for help,
prompting Manito to use a tear gas that made +amon helpless until
Creta stabbed +amon.
1he "S% argues that even if it was not %alicia who stabbed +amon
but Creta, %alicia as co=conspirator was as guilty because it was he who
threatened +amon, destroyed the perimeter fence, and bro8e the 8itchen
door. 7n short, he was the leader of the attac8 on +amon.
Eurther, the "S% challenges the reliance of the appellate court on the
medical certificate showing that +amon sustained only one stab wound
contrary to <oloresXs testimony that her son was stabbed twice. 1he
"S% points out that the medical certificate was issued only for
identifying the cause of +amonXs death and not to identify all the
injuries. 1he "S% stresses that <r. Serdoncillo admitted he did not
conduct an autopsy on +amon because while operating on the victim, he
already 8new the cause of death.
7n addition, the "S% points out that the appellate court overloo8ed
the dying declaration of 1helmo identifying his assailants. *ccording to
the "S%, at the very least, 1helmoXs statement should have been
considered by the appellate court as a dying declaration.
,astly, the "S% concludes that after the prosecution had shown the
acts and conduct of %alicia S before, during and after the incident S as
constituting complicity to attac8 +amon, %alicia should be held
responsible for the death of +amon in accordance with *rticle # of the
+evised !enal 2ode. *rticle # reads:
*+1. #. 2riminal liability. S 2riminal liability shall be incurred:
1. -y any person committing a felony delito) although the wrongful
act done be different from that which he intended. D7aS<c
&. -y any person performing an act which would be an offense
against persons or property, were it not for the inherent impossibility of
its accomplishment or on account of the employment of inadeAuate or
ineffectual means.
7n his 2omment, %alicia contends that there was no grave abuse on
the part of the 2ourt of *ppeals, and adds that any mista8e or error in
the appreciation of facts, evidence or law is merely an error of judgment
and not an error of jurisdiction, and hence, not a subject of a petition for
certiorari.
Most significantly, the defense for private respondent points out that
to give due course to the instant petition and review the acAuittal by the
appellate court of %alicia would constitute double jeopardy.
1hus, before tac8ling the two=pronged issues raised by petitioner, we
must address first the threshold issue raised by private respondent:
Jould a review of the acAuittal of %alicia constitute double jeopardyO
Section &1, *rticle 777 of the 1$.4 2onstitution states:
Section &1. ?o person shall be twice put in jeopardy of punishment
for the same offense. 7f an act is punished by a law and an ordinance,
conviction or acAuittal under either shall constitute a bar to another
prosecution for the same act.
Section 4, +ule 114 of the +evised +ules on 2riminal !rocedure
provides:
S52. 4. Eormer conviction or acAuittal3 double jeopardy. S Jhen an
accused has been convicted or acAuitted, or the case against him
dismissed or otherwise terminated without his e@press consent by a court
of competent jurisdiction, upon a valid complaint or information or other
formal charge sufficient in form and substance to sustain a conviction
and after the accused had pleaded to the charge, the conviction or
acAuittal of the accused or the dismissal of the case shall be a bar to
another prosecution for the offense charged, or for any attempt to
commit the same or frustration thereof, or for any offense which
necessarily includes or is necessarily included in the offense charged in
the former complaint or information. 7aD<c1
Dowever, the conviction of the accused shall not be a bar to another
prosecution for an offense which necessarily includes the offense
charged in the former complaint or information under any of the
following instances:
a)the graver offense developed due to supervening facts arising from
the same act or omission constituting the former charge3
b) the facts constituting the graver charge became 8nown or
were discovered only after a plea was entered in the former complaint or
information3 or
c)the plea of guilty to the lesser offense was made without the
consent of the prosecutor and of the offended party e@cept as provided in
section 1 f) of +ule 11/.
7n any of the foregoing cases, where the accused satisfies or serves in
whole or in part the judgment, he shall be credited with the same in the
event of conviction for the graver offense.
*s we have previously held in !eople v. Serrano, Sr.: '/ * verdict of
acAuittal is immediately final and a ree@amination of the merits of such
acAuittal, even in the appellate courts, will put the accused in jeopardy
for the same offense. 1he finality=of=acAuittal doctrine has several
avowed purposes. !rimarily, it prevents the State from using its criminal
processes as an instrument of harassment to wear out the accused by a
multitude of cases with accumulated trials. 7t also serves the additional
purpose of precluding the State, following an acAuittal, from
successively retrying the defendant in the hope of securing a conviction.
*nd finally, it prevents the State, following conviction, from retrying the
defendant again in the hope of securing a greater penalty. '4 7n !eople v.
;elasco, '. we stressed that an acAuitted defendant is entitled to the
right of repose as a direct conseAuence of the finality of his acAuittal.
Dence, it cannot be disputed that the verdict of the 2ourt of *ppeals
acAuitting +amon %alicia is now final and irreviewable. '$
1his is not to say that the constitutional guarantee against double
jeopardy is without e@ceptions. Eor there are two recogniBed e@ceptions:
1) Jhere there has been deprivation of due process and where there is a
finding of a mistrial, #( or &) Jhere there has been a grave abuse of
discretion under e@ceptional circumstances. #1 Dowever, in this case, we
find that the e@ceptions do not e@ist.
Eirstly, was there a deprivation of due process, or a mistrialO 1he
records show that during the trial, both parties had more than sufficient
occasions to be heard and to present their evidence. 1he same is true
during the appeal. 1he State represented by the prosecution had not been
deprived of a fair opportunity to prove its case. c1<a5D
Second, has there been a grave abuse of discretion by the 2ourt of
*ppealsO %rave abuse of discretion implies such capricious and
whimsical e@ercise of judgment as is eAuivalent to lac8 of jurisdiction
or, in other words, where the power is e@ercised in an arbitrary manner
by reason of passion, prejudice, or personal hostility, and it must be so
patent or gross as to amount to an evasion of a positive duty or to a
virtual refusal to perform the duty enjoined by law, or to act at all in
contemplation of law. #& 2ertiorari alleging grave abuse of discretion is
an e@traordinary remedy. 7ts use is confined to e@traordinary cases
wherein the action of the inferior court is wholly void. #' 7ts aim is to
8eep the inferior court within the parameters of its jurisdiction or to
prevent it from committing such a grave abuse of discretion amounting
to lac8 or e@cess of jurisdiction. ## ?o grave abuse of discretion may be
attributed to the court simply because of its alleged misappreciation of
facts and evidence. #0 Jhile certiorari may be used to correct an
abusive acAuittal, the petitioner in such e@traordinary proceeding must
clearly demonstrate that the lower court blatantly abused its authority to
a point so grave as to deprive it of its very power to dispense justice. #/
7n its decision, the 2ourt of *ppeals, said that it overturned %aliciaXs
conviction because the trial court held that %alicia was in no way
involved in 1helmoXs death, and only Creta and -anang conspired to 8ill
1helmo. 1he 2ourt of *ppeals e@plained that the finding of the trial
court, now final, should be upheld and applied to %alicia insofar as the
death of +amon was concerned. 1he 2ourt of *ppeals went on to say
that the deaths of +amon and 1helmo happened on the same occasion, in
the same place and involved the same participants3 that there was a
continuous unbro8en chain of events which meant that the act and
intention of each participant could not be split into segments)phases such
that there was conspiracy as to one aspect but none in the other aspect.
#4 7t also held that there is no such thing as partial conspiracy. SDc<*7
1he 2ourt of *ppeals also observed that the testimonies of the
prosecution witnesses lac8ed credibility and were filled with
inconsistencies. #. *mong them, 1) <olores and *udie both claimed
that %alicia was armed with a gun and fired two consecutive shots, but
surprisingly, the latter did not use his gun when he fought with +amon.
&) Creta stabbed +amon, yet, %alicia did not finish off +amon by
shooting him. ') *fter +amon was stabbed, <olores claimed that all the
accused ganged up on her son, and yet, she could not specifically say
who 8ic8ed, bo@ed or strangled +amon. #) <olores categorically
testified that Creta stabbed +amon twice even pointing out that the first
stab was at the right shoulder and the second at the left chest, but, the
medical certificate showed that +amon sustained only one wound.
,astly, 0) <olores said that when %alicia fired his gun, he and his
companions were already inside their house, yet, *udie told the court he
heard two shots before the group of %alicia arrived. #$ 1he 2ourt of
*ppeals observed that Creta was seemingly on a rampage, stabbing
+amon first and then 1helmo. 7t noted that Creta did not even see what
happened to %alicia who was still loc8ed in a fight with +amon. 0(
1he 2ourt of *ppeals concluded that the +12 based its decision on
the wea8ness of the defense evidence, rather than on the strength of the
prosecutionXs. 7t went on to say,
. . . there is no evidence to show unity of purpose and design between
appellant and accused GCHreta. 1he fact that the fight between appellant
and +amon commenced prior to the actual stabbing of the latter by
GCHreta does not of itself demonstrate concurrence of wills or unity of
purpose and action, in the same manner that the fact that the assault on
+amon was carried out by accused GCHreta while appellant was
grappling with +amon does not conclusively show that appellant 8new
that GCHreta intended to stab, much less 8ill the victim. Simultaneity, it
has been held, would not itself demonstrate the concurrence of will or
the unity of action and purpose that could be a basis for collective
responsibility of two or more individuals. 1hus, contrary to the findings
of the trial court, appellant and accused GCHreta acted independently of,
not in conspiracy with each other. *ppellant fought with +amon in
response to the latterXs challenge to a fight. *nd while the two were
fighting and grappling for the possession of a scythe, accused GCHreta
stabbed +amon. 01
Einally, the 2ourt of *ppeals rejected the trial courtXs finding that the
conspiracy between Creta and %alicia was strengthened by the formerXs
decision to jump bail and go into hiding, for being contrary to the
doctrine of res inter alios acta. *ccording to the 2ourt of *ppeals, this
conclusion of the court a Auo parta8es more of wild conjectures and
speculations which have no probative value whatsoever since there was
no evidence that the escape of Creta was with the 8nowledge, much less
consent of %alicia. 0&
7n our considered view, the conclusions arrived at by the 2ourt of
*ppeals cannot by any measure be characteriBed as capricious,
whimsical nor arbitrary, to constitute grave abuse of discretion under
+ule /0. Jhile it may be argued that there have been instances where
the appreciation of facts might have resulted from possible lapses in
evaluation of the evidence, nothing therein detracts from the fact that
relevant and material evidence was scrutiniBed, considered and
evaluated. Dc<*12
Je note that while the "S% alleges grave abuse of discretion as the
core of its petition, the issues it raises concern errors of judgment, not
errors of jurisdiction, which is tantamount to converting the petition for
certiorari into an appeal, contrary to the e@press injunction of the
2onstitution, the +ules of 2ourt, and prevailing jurisprudence. 0'
2onformably then, we need not embar8 upon review of the factual and
evidentiary issues raised by the "S%, as these are not within the realm
of the present petition.
JD5+5E"+5, the instant petition is <7SM7SS5< for lac8 of merit.
1he acAuittal of herein private respondent by the 2ourt of *ppeals in its
<ecision dated May &&, &((' in 2*=%.+. 2+ ?o. &'/(0, entitled R
!eople of the !hilippines v. +amon %alicia y Manresa,R is *EE7+M5<.
?o pronouncement as to costs.
S" "+<5+5<.
2arpio, 2arpio=Morales, 1inga and ;elasco, >r., >>., concur.
S52"?< <7;7S7"?
G%.+. ?o. 1'/&/#. May &., &((#.H
*11I. +5I?*,<" !. <7M*I*2I*2, petitioner, vs. D"?.
2"C+1 "E *!!5*,S, D"?. ;725?15 F. +"P*S, 7+5?5
*%-*<*=2+CM, S7P1" *%-*<* 2+CM, M5+25<5S
*+7S1"+5?*S and +"M5" %"M5M and !5"!,5 "E 1D5
!D7,7!!7?5S, respondents.
< 5 2 7 S 7 " ?
*CS1+7*=M*+17?5M, > p:
-efore us is a petition for review on certiorari assailing the <ecision 1
of the 2ourt of *ppeals 2* for brevity) dated ?ovember 1', 1$$. in
2*=%.+. S! ?o. #'..#, denying *tty. +eynaldo !. <imayacyacXs
petition for certiorari and ruling that the +egional 1rial 2ourt -ranch
&&4) of FueBon 2ity +12 for brevity) was correct in denying
petitionerXs motion to Auash the information charging petitioner with
falsification of public documents, doc8eted as 2riminal 2ase ?o. F=$'=
#$$... ac271S
1he antecedent facts as borne out by the records of the case are
accurately narrated in the 2* <ecision dated ?ovember 1', 1$$., thus:
*n information for falsification of public documents doc8eted as
2riminal 2ase ?o. F=$1=1.('4 at the +12 of FueBon 2ity was filed
against petitioner along with some others. 1hat information reads:
1he undersigned *ssistant 2ity !rosecutor accuses ,"C+<5S
*?%5,5S, 5S1+5,,* M*!*, *11I. !"?27*?" +. %C!71, and
*11I. +5I?*,<" !. <7M*I*2I*2 of the crime of
E*,S7E72*17"? "E !C-,72 <"2CM5?1 under *rticle 14&, first
and last paragraph in relation to *rticle 141 paragraph & of the +evised
!enal 2ode), committed as follows:
1hat on or about the 0th day of 1$./, in FueBon 2ity, !hilippines and
within the jurisdiction of this Donorable 2ourt, the above=named
accused, all private individuals, conspiring together, confederating with
and mutually helping one another, did then and there willfully,
unlawfully and feloniously commit the act of falsification of public
documents, by then and there falsifying or causing the falsification of
the following documents, to wit:
a)2ertification dated March 1(, 1$./ purportedly signed by a certain
Eernando <iBon, +ecord Management *nalyst of the -ureau of ,and,
2entral "ffice, Manila3
b) +eport dated May 0, 1$./ purportedly signed by a certain
>ose Mariano, 2hief +ecord Management <ivision of -ureau of ,and,
2entral "ffice, Manila3 and
c)Sales 2ertificate and <eed of *ssignment allegedly issued by the
-ureau of ,and in favor of ,ourdes *ngeles3 that despite the fact that
said accused 8new all the time that said documents are fa8e and spurious
used the same in the !etition for +econstitution of +ecords of the
technical description of ,ots ?os. 400, 444, 44. and 4.' of the !iedad
5state covered by 121 ?o. 1#, <ecree ?o. //4, %,+" +ecord ?o.
0$40 and the issuance of 1itle thereto filed by 5strella Mapa over and
involving the aforesaid lots in ,and +egistration 2ase doc8eted as ,+2
2ase ?o. ''/$ ./) before -ranch $$, +egional 1rial 2ourt, FueBon
2ity and that by virtue of said falsification and the use of the same as
evidence in 2ourt Donorable !residing >udge %odofredo *suncion
issued an order dated >une '(, 1$./ granting said petition, and pursuant
thereto the +egister of <eeds of FueBon 2ity issued 1ransfer
2ertificates of 1itles ?os. '#.10/, '#.&$1 and '#.&$& in the name of
5strella Mapa thereby embracing and)or encroaching the portions of the
properties belonging to +omeo <. %omeB, Si@to *gbada, 7rene *gbada=
2ruB and Mercedes *ristorenas whose properties were embraced and
included in the said 1ransfer 2ertificates of 1itles and in such amount as
may be awarded under the provisions of the 2ivil 2ode. *7<1S5
2"?1+*+I 1" ,*J.
-efore his arraignment, petitioner moved to Auash the information on
two &) grounds. Eirst, that the officer who filed the information had no
legal authority to do so, and second, that more than one offense was
charged in the information.
!ending resolution of the motion to Auash, petitioner was arraigned.
-y "rder of *ugust &', 1$$1, >udge -enigno 1. <ayaw of -ranch .(
of the +egional 1rial 2ourt of FueBon 2ity to whose sala 2riminal 2ase
?o. F=$1=1.('4 was raffled, holding that the Rgrant or denial of Motion
to <ismiss whether the accused is arraigned or not is discretionary on
the part of the 2ourt,R it citing !eople vs. 7*2, ,=//$'$=#1, >anuary 1(,
1$.4, granted the petitionerXs motion to Auash upon the second ground.
*ccordingly, the information was Auashed.
More than two &) years after the Auashal of the information in
2riminal 2ase ?o. F=$1=1.('4 or on "ctober 1$, 1$$', the FueBon 2ity
!rosecutor filed against the same accused including petitioner two &)
informations for falsification of public documents doc8eted at the
FueBon 2ity +12 as 2riminal 2ase ?os. F=$'=#$$.. and #$$.$. 1he
7nformations arose from the Auestioned acts of falsification subject of
the earlier Auashed information in 2riminal 2ase ?o. F=$1=1.('4.
!etitioner later filed with -ranch 1(' of the +12 of FueBon 2ity to
which the informations were raffled a motion for the Auashal thereof on
the ground of double jeopardy, citing Section 'h) of +ule 114 of the
+evised +ules of 2ourt.
!etitioner argued at the court a Auo that he would be placed in double
jeopardy as he was indicted before for the same offenses and the case
was dismissed or otherwise terminated without his e@press consent.
-y the assailed "rder of <ecember 1., 1$$/, public respondent,
>udge ;icente F. +o@as of -ranch &&4 of the +12 of FueBon 2ity to
which the two &) informations against petitioner, et al, were eventually
lodged, held that the information in 2riminal 2ase ?o. F=$'=#$$..
involved a different document as that involved in 2riminal 2ase ?o. F=
$1=1.('4 which had already been Auashed. +esolution of the motion to
Auash the information in 2riminal 2ase ?o. F=$'=#$$.$ was stayed
pending the submission by petitioner of the documents reAuired by the
court a Auo. !ublic respondent thus denied the motion to Auash the
information in 2riminal 2ase ?o. F=$'=#$$.. and ordered petitionerXs
arraignment, he holding that said case did not place petitioner in double
jeopardy. &
Derein petitioner then filed a petition for certiorari before the 2*
which denied his petition stating in its <ecision that since the
7nformation in 2riminal 2ase ?o. F=$1=1.('4, on petitionerXs motion,
was Auashed on the ground that more than one offense was charged
pursuant to Sec. ' e) of +ule 114 of the +evised +ules of 2ourt, ' he is
not placed in double jeopardy by the filing of another 7nformation for an
offense included in the charge subject of the 7nformation in 2riminal
2ase ?o. F=$1=1.('4. #
Dence, herein petition for review on certiorari assigning the following
errors of the 2*, to wit:
7. 1hat the Donorable 2ourt of *ppeals 5++5< in disregarding the
legal doctrine that 1D5+5 7S <"C-,5 >5"!*+<I, in the case now
pending before +espondent >udge ;icente F. +o@as3
77. 1hat the Donorable 2ourt of *ppeals 5++5< in not adhering to
the decisions of this Donorable Supreme 2ourt, as well as to applicable
jurisprudence on the matter3 Sa72c1
777. 1hat the Donorable 2ourt of *ppeals 5++5< in not ta8ing
into account that based on the RManifestation and Motion 1o %rant
!etition) 7n ,ieu of 2ommentR filed by the "ffice of the Solicitor
%eneral, the "+<5+ of dismissal of Donorable >udge -enigno 1.
<ayaw in 2riminal 2ase ?o. F=$1=1.('4 on *ugust &', 1$$1 has
become final and e@ecutory3 and
7;. 1hat the Donorable +espondent 2ourt of *ppeals 5++5< in
concluding that an "+<5+ sustaining the motion to Auash is not a bar to
another prosecution for the same offense, as it has no legal basis. 0
"n the other hand, the "ffice of the Solicitor %eneral "S%) contends
that petitioner, by filing the motion to Auash and refusing to withdraw it
after he was arraigned, is deemed to have waived his right against
double jeopardy, as his motion to Auash constituted his e@press consent
for the dismissal of the information. Dowever, the "S% advances the
view that the criminal case against herein petitioner may be dismissed
for the inordinate delay in the conduct of preliminary investigation for
the purpose of filing the proper information, which is a violation of the
accusedXs constitutional right to due process of law and to speedy
disposition of cases.
!rivate respondent complainant 7rene *gbada=2ruB, in turn, submits
that the 2ourt of *ppeals committed no error since the dismissal or
Auashal of an information is not a bar to another prosecution e@cept
when the motion to Auash is based on the ground that 1) the criminal
action or liability has been e@tinguished or that &) the accused has
previously been convicted or in jeopardy of being convicted or acAuitted
of the offense charged, pursuant to Section / in relation to Section ',
+ule 114 of the +ules of 2ourt, to wit:
Section /. "rder sustaining the motion to Auash not a bar to
another prosecution3 e@ception. S *n order sustaining the motion to
Auash is not a bar to another prosecution for the same offense unless the
motion was based on the grounds specified in Section ', sub=sections f)
and h) of this +ule.
Section '. %rounds. S 1he accused may move to Auash the
complaint or information on any of the following grounds:
a) 1hat the facts charged do not constitute an offense3
b) 1hat the court trying the case has no jurisdiction over the
offense charged or the person of the accused3
c) 1hat the officer who filed the information had no authority to do
so3
d) 1hat it does not conform substantially to the prescribed form3
521D7*
e) 1hat more than one offense is charged e@cept in those cases in
which e@isting laws prescribe a single punishment for various offenses3
f) 1hat the criminal action or liability has been e@tinguished3
g) 1hat it contains averments which, if true, would constitute a
legal e@cuse or justification3 and
h) 1hat the accused has been previously convicted or in
jeopardy of being convicted, or acAuitted of the offense charged.
5mphasis supplied)
1hus, private respondent 2ruB argues that since the previous
information was Auashed on the ground of duplicity of offenses charged,
the subseAuent filing of a proper information is, therefore, not barred.
7n their Memorandum, private respondents=complainants +omeo
%omeB and Mercedes *ristorenas contend that 1) jeopardy does not
attach where the dismissal of the information was effected at the
instance of the accused3 and &) there was no violation of petitionerXs
right to a speedy disposition of his case since he never raised this issue
in the trial court nor in the appellate court, hence, his silence should be
interpreted as a waiver of said right to a speedy trial.
1he issues boil down to 1) whether or not the prosecution of
petitioner under the 7nformation doc8eted as 2riminal 2ase ?o. F=$'=
#$$.. would constitute double jeopardy, considering that when the
7nformation in 2riminal 2ase ?o. F=$1=1.('4 was previously Auashed,
he had already been arraigned, and &) whether or not petitionerXs
constitutional right to a speedy disposition of his case has been violated.
Jith regard to the first issue, we are in accord with the ruling of the
2* that not all the elements for double jeopardy e@ist in the case at
bench. 7n !eople vs. 1ac=*n, / we enumerated the elements that must
e@ist for double jeopardy to be invo8ed, to wit:
1hus, apparently, to raise the defense of double jeopardy, three
reAuisites must be present: 1) a first jeopardy must have attached prior
to the second3 &) the first jeopardy must have been validly terminated3
and ') the second jeopardy must be for the same offense as that in the
first.
,egal jeopardy attaches only a) upon a valid indictment, b) before a
competent court, c) after arraignment, d) a valid plea having been
entered3 and e) the case was dismissed or otherwise terminated without
the e@press consent of the accused !eople vs. Ilagan, 0. !hil. .01).
1aS5D<
Jas the duplicitous information a valid indictmentO Je answer in the
affirmative. 7n !eople vs. -ugayong, 4 we ruled that when an appellant
fails to file a motion to Auash within the time prescribed under Section 1,
+ule 114 of the +ules of 2ourt, he is thus deemed to have waived the
defect in the 7nformation. 7n !eople vs. Manalili, . we held that an
accused, who fails to object prior to arraignment to a duplicitous
information, may be found guilty of any or all of the crimes alleged
therein and duly proven during the trial, for the allegation of the
elements of such component crimes in the said information has satisfied
the constitutional guarantee that an accused be informed of the nature of
the offense with which he or she is being charged. ;erily, a duplicitous
information is valid since such defect may be waived and the accused,
because of such waiver, could be convicted of as many offenses as those
charged in the information and proved during trial.
1he validity of the information having been established, we go on to
e@amine whether the other reAuisites for double jeopardy to attach are
present. 7n the present case, although there was a valid indictment before
a competent court and petitioner, as the accused, had already been
arraigned therein, entering a valid plea of not guilty, the last reAuisite
that the case was dismissed or otherwise terminated without his e@press
consent, is not present.
7t should be noted that the termination of 2riminal 2ase ?o. F=$1=
1.('4 was upon motion of petitioner who, on *pril 1, 1$$1, filed with
the court an Crgent Motion to Fuash which was granted by +esolution
dated *ugust &', 1$$1. 7n Sta. +ita vs. 2ourt of *ppeals, $ we held that
the reinstatement of criminal cases against the accused did not violate
his right against double jeopardy since the dismissal of the information
by the trial court had been effected at his own instance when the accused
filed a motion to dismiss on the grounds that the facts charged do not
constitute an offense and that the +12 had no jurisdiction over the case.
7n this case, considering that since the dismissal of the previous criminal
case against petitioner was by reason of his motion for the Auashal of the
information, petitioner is thus deemed to have e@pressly given his
consent to such dismissal. 1here could then be no double jeopardy in
this case since one of the reAuisites therefore, i.e., that the dismissal be
without accusedXs e@press consent, is not present.
*s to whether the subseAuent filing of the two informations doc8eted
as F=$'=#$$.. and F=$'=#$$.$ constitutes a violation of petitionerXs
constitutional right to a speedy disposition of cases, 1( we rule in the
negative. Je are not convinced by the "S%Xs assertion that the cases of
1atad vs. Sandiganbayan 11 or *ngchangco, >r. vs. "mbudsman, 1& are
applicable to the case before us. Je see differently. 1here is no factual
similarity between this case before us and the cases of 1atad and
*ngchangco.
7n the 1atad case, there was a hiatus in the proceedings between the
termination of the proceedings before the investigating fiscal on "ctober
&0, 1$.& and its resolution on *pril 14, 1$.0. 1he 2ourt found that
Rpolitical motivations played a vital role in activating and propelling the
prosecutorial processR 1' against then Secretary Erancisco S. 1atad. 7n
the *ngchangco case, the criminal complaints remained pending in the
"ffice of the "mbudsman for more than si@ years despite the
respondentXs numerous motions for early resolution and the respondent,
who had been retired, was being unreasonably deprived of the fruits of
his retirement because of the still unresolved criminal complaints against
him. 7n both cases, we ruled that the period of time that elapsed for the
resolution of the cases against the petitioners therein was deemed a
violation of the accusedXs right to a speedy disposition of cases against
them. 1c7D<a
7n the present case, no proof was presented to show any persecution
of the accused, political or otherwise, unli8e in the 1atad case. 1here is
no showing that petitioner was made to endure any ve@atious process
during the two=year period before the filing of the proper informations,
unli8e in the *ngchangco case where petitioner therein was deprived of
his retirement benefits for an unreasonably long time. 1hus, the
circumstances present in the 1atad and *ngchangco cases justifying the
Rradical reliefR granted by us in said cases are not e@istent in the present
case.
Je emphasiBe our ruling in 1y=<aBo vs. Sandiganbayan 1# where we
held that:
1he right to a speedy disposition of cases, li8e the right to a speedy
trial, is deemed violated only when the proceedings is attended by
ve@atious, capricious, and oppressive delays3 or when unjustified
postponements of the trial are as8ed for and secured, or when without
cause or unjustifiable motive, a long period of time is allowed to elapse
without the party having his case tried. 7n the determination of whether
or not that right has been violated, the factors that may be considered
and balanced are: the length of the delay the reasons for such delay, the
assertion or failure to assert such right by the accused, and the prejudice
caused by the delay.
* mere mathematical rec8oning of the time involved, therefore,
would not be sufficient. 7n the application of the constitutional guarantee
of the right to speedy disposition of cases, particular regard must also be
ta8en of the facts and circumstances peculiar to each case. 5mphasis
supplied)
1hus, we shall e@amine how such aforementioned factors affected
herein petitionerXs right.
*s to the length of delay, it is established that the prosecution did not
ta8e any action on petitionerXs case for two years. Erom the time that
2riminal 2ase ?o. F=$1=1.('4 was dismissed on *ugust &', 1$$1, the
prosecution failed to effect the very simple remedy of filing two separate
informations against petitioner until "ctober of 1$$'. 7ndeed, there was
a delay in the refiling of the proper informations. Dowever, the
prosecution was never given the opportunity to e@plain the
circumstances that may have caused such delay precisely because
petitioner never raised the issue of the length of time it too8 the
prosecution to revive the case. 1here is nothing on record to show what
happened during the two=year lull before the filing of the proper
informations. Dence, it could not be ascertained that peculiar situations
e@isted to prove that the delay was ve@atious, capricious and oppressive,
and therefore, a violation of petitionerXs constitutional right to speedy
disposition of cases.
Jhat the records clearly show is that petitioner never asserted his
right to a speedy disposition of his case. 1he only ground he raised in
assailing the subseAuent filing of the two informations is that he will be
subjected to double jeopardy. 7t was only the "S% that brought to light
the issue on petitionerXs right to a speedy disposition of his case, and
only when the case was brought to the appellate court on certiorari. 5ven
in this petition before us, petitioner did not raise the issue of his right to
a speedy disposition of his case. *gain, it was only the "S% that
presented such issue to us in the -rief for the State which was only then
adopted by petitioner through a Manifestation dated *ugust ', 1$$$. Je
are not convinced that the filing of the informations against petitioner
after two years was an unreasonable delay. !etitioner himself did not
really believe that there was any violation of his right to a speedy
disposition of the case against him. 17D<*a
1he case which is more in point with the present one before us is <ela
!eTa vs. Sandiganbayan 10 where we ruled that petitioner therein, for
failing to assert their right to a speedy disposition of their cases, was
deemed to have waived such right and thus, not entitled to the Rradical
reliefR granted by the 2ourt in the cases of 1atad and *ngchangco. 1he
factual circumstances surrounding herein petitionerXs case do not
demonstrate that there was any violation of petitionerXs right to a speedy
disposition of his case.
JD5+5E"+5, the petition is hereby <5?75< for lac8 of merit. 1he
temporary restraining order issued pursuant to our +esolution dated
>anuary 14, &((( is hereby ,7E15< and the +egional 1rial 2ourt of
FueBon 2ity -ranch &&4) is hereby "+<5+5< to proceed with
dispatch with petitionerXs arraignment in 2riminal 2ase ?o. F=$'=#$$...
S" "+<5+5<.
Fuisumbing, 2allejo, Sr. and 1inga, >> ., concur.
!uno, > ., is on official leave.
1D7+< <7;7S7"?
G%.+. ?os. 1#4.1#=10. September 1/, &(('.H
+*C, M*!*1"S I ,5%*S!7, petitioner, vs. !5"!,5 "E 1D5
!D7,7!!7?5S, respondent.
< 5 2 7 S 7 " ?
S*?<";*,=%C175++5M, > p:
Since the olden times, no impulse has been proven so powerful than
that of self=preservation. 1hus, the law, out of tenderness for humanity,
permits the ta8ing of life of another in defense of oneXs person in times
of necessity. 7n the words of the +omans of ancient history: Fuod
AuisAue ob tutelam corporis sui fecerit, jure suo fecisse e@istimetur. 1
*ssailed in this petition for review on certiorari is the <ecision &
dated March &4, &((1 of the Sandiganbayan in 2riminal 2ases ?os.
14(10 and 14(1/ finding +aul Mapatos, petitioner herein, guilty beyond
reasonable doubt of the crimes of murder and frustrated murder and
sentencing him as follows: <S5aD1
RJD5+5E"+5, under 2riminal 2ase ?o. 14(10, the accused +*C,
M*!*1"S, is hereby found %C7,1I beyond reasonable doubt of the
crime of MC+<5+, defined and penaliBed under *rticle &#., +evised
!enal 2ode and, considering the presence of one 1) mitigating
circumstance with no generic aggravating circumstance, he is hereby
sentenced to suffer the penalty of imprisonment of +52,CS7"?
!5+!51C* and to indemnify the heirs of the late Mayor ,eonardo
2orteB in the amount of !0(,(((.((3
RCnder 2riminal 2ase ?o. 14(1/, the same accused, +*C,
M*!*1"S, is hereby found %C7,1I beyond reasonable doubt of the
crime of E+CS1+*15< MC+<5+, defined and penaliBed under *rticle
&#. in relation to *rticle / of the +evised !enal 2ode, and, considering
the presence of one 1) ordinary mitigating circumstance of voluntary
surrender which is not offset by any generic aggravating circumstance,
applying the 7ndeterminate Sentence ,aw he is hereby sentenced to
suffer the penalty of from Si@ /) Iears and "ne 1) day of prision
mayor, as minimum to 1welve 1&) Iears and "ne 1) day to Eourteen
1#) years and 5ight .) Months of reclusion temporal, as ma@imum, and
to indemnify S"2+*15S !,*15+" in the amount of !&0,(((.(( by
way of civil indemnity.
R1he accused shall pay the costs.
RS" "+<5+5<.R 5mphases supplied)
7n two separate 7nformations, Special !rosecution "fficer %ualberto
>. <ela ,lana charged both petitioner and ;ictoriano ;idal ' with
murder and frustrated murder, committed as follows:
2riminal 2ase ?o. 14(10 Murder)
R1hat on or about >anuary 1#, 1$$(, at -ayugan, *gusan del Sur,
!hilippines, and within the jurisdiction of this Donorable 2ourt, the
above=named accused, both public officers, being then an employee and
2ommunity 5nvironment ?atural +esources "fficer, respectively of the
<epartment of 5nvironment and ?atural +esources, assigned at
-ayugan, *gusan del Sur, and committing the crime herein charged in
relation to their office, with treachery and evident premeditation and
with intent to 8ill and with the use of firearm, did then and there
willfully, unlawfully and feloniously attac8 and shoot ,eonardo 2orteB,
Municipal Mayor of -ayugan, *gusan del Sur, hitting him at the vital
parts of his body and inflicting upon said ,eonardo 2orteB mortal
wounds which caused his instantaneous death, to the damage and
prejudice of the victimXs heirs.
R2"?1+*+I 1" ,*J. #
2riminal 2ase ?o. 14(1/ Erustrated Murder)
R1hat on or about >anuary 1#, 1$$(, at -ayugan, *gusan del Sur,
!hilippines, and within the jurisdiction of this Donorable 2ourt, the
above=named accused, both public officers, being then an employee and
2ommunity 5nvironment ?atural +esources "fficer, respectively of the
<epartment of 5nvironment and ?atural +esources, assigned at
-ayugan, *gusan del Sur and committing the crime herein charged in
relation to their office, with intent to 8ill and with the use of firearm, did
then and there willfully, unlawfully and feloniously attac8 and shoot one
Socrates !latero, hitting him at his left leg and inflicting upon said
Socrates !latero mortal wound which could have caused his death had it
not been for the timely medical assistance given him to the damage and
prejudice of said victim.
R2"?1+*+I 1" ,*J.R
"n arraignment, petitioner pleaded Rnot guilty.R 0 Eorthwith, trial
ensued. /
1he case for the prosecution is woven basically on the testimony of
Socrates !latero as follows: "n >anuary 1#, 1$$(, at .:(( oXcloc8 in the
evening, witness !latero and Mayor ,eonardo 2orteB of -ayugan,
*gusan <el Sur were on their way home from -utuan 2ity. 4 5n route,
the patrol car they were riding ran out of gasoline, prompting them to
stop at the -ureau of 7nternal +evenue -7+) Monitoring Station,
-arangay Maygatasan, -ayugan. Jith no gasoline to spare, Station
%uard !fc. Michael %atillo accompanied them to the nearby <epartment
of 5nvironment and ?atural +esources <5?+) chec8point. . 1here,
they found !acheco 1an. !fc. %atillo approached 1an and reAuested for
e@tra gasoline. Suddenly, 1an ran towards the guardhouse. $ *fter Ra few
seconds,R !latero heard a gunshot originating therefrom. 1he bullet hit
Mayor 2orteB, causing him to collapse to the ground. 1( 1hereupon,
!latero saw petitioner +aul Mapatos, Rholding an armalite in a firing
position.R !latero immediately retaliated and an e@change of gunfire
ensued. <uring this time, !latero tried to pull Mayor 2orteB away from
the crossfire. !lateroXs foot was hit. 11 De did not see who shot him. 1&
De then too8 cover on the other side of the highway. D<ca*7
!fc. %atillo testified that he was the policeman assigned at the -7+
Monitoring Station on >anuary 1#, 1$$(. 1' *t about .:(( oXcloc8 in the
evening, he accompanied !latero and Mayor 2orteB to the <5?+
chec8point to as8 for some gasoline. 1# Cpon seeing 1an, he as8ed him
about petitionerXs whereabouts. 1an replied that petitioner was sleeping
inside the guardhouse. 10 Mayor 2orteB also inAuired from 1an where
petitioner was. 1an merely reiterated his answer. 1/ 1hen 1an wal8ed
towards the guardhouse and Rin a matter of seconds,R he witness
%atillo) saw petitioner firing his gun at Mayor 2orteB. 14 Mayor 2orteB
fell to the ground with blood ooBing from his mouth. 1. !latero
attempted to pull Mayor 2orteB but another shot was fired and this time,
the Mayor was hit on the leg. Jhile running across the highway to ta8e
cover, !latero was also hit on the leg. 1$ Jhen the shooting stopped, he
%atillo) brought !latero and Mayor 2orteB to -ayugan 2ommunity
Dospital. &(
<r. +omeo 2edeTo, 2hief of the -ayugan 2ommunity Dospital,
declared that when he attended to Mayor 2orteB on >anuary 1#, 1$$(, &1
the latter was already dead. De did not conduct an autopsy or e@amine
the wounds. De merely conducted a superficial e@amination which
showed that four #) wounds had been inflicted upon Mayor 2orteB S
one in the vicinity of the left nipple, one on the right a@illary region, one
on the right 8nee, and another on the left iliac region. &&
-uilding his case on the justifying circumstance of self=defense,
petitioner presented a different version. De testified that he was the
1eam ,eader of the <5?+ Sentro Stri8ing Eorce whose primary duty is
to seiBe illegally=cut forest products. &' De held office at the <5?+
chec8point, -arangay Maygatasan, -ayugan, *gusan del Sur. "n
>anuary 1#, 1$$(, at about 4:(( oXcloc8 in the evening, he instructed
!acheco 1an, his co=wor8er, to man the chec8point as he was sleepy. De
also directed 1an to wa8e him up should there be any problem. &# Jhile
sleeping, a burst of gunshots awa8ened him. De saw that the guardhouse
was being riddled with bullets, &0 piercing the walls and hitting some
objects inside. 7mmediately he dropped to the floor and too8 the armalite
rifle from the loc8er located under his bed. &/ Diding behind a
barricade, he fired at his attac8ers. 1hereafter, fearing for his life, he
bro8e the flooring of the guardhouse and crawled through the hollow
portion underneath to reach its bac8 door. &4 De wal8ed away until he
reached ?ilo ,ibresX house where he stayed overnight. &. 1he ne@t day,
he heard the news that Mayor 2orteB was 8illed. &$ De immediately
surrendered himself and his armalite rifle to Sgt. -enjamin *morio of
the !hilippine *rmy -rigade, !rosperidad, *gusan del Sur. '(
!acheco 1an corroborated petitionerXs testimony. "n the same date
and time, petitioner, who was about to sleep, instructed 1an to ta8e the
first shift. Jhile petitioner was sleeping, !fc. %atillo, Mayor 2orteB and
!latero arrived. '1 !fc. %atillo approached 1an and inAuired where
petitioner was. De replied that petitioner was sleeping inside the
guardhouse. '& !fc. %atillo returned to the par8ed patrol car where
Mayor 2orteB and !latero were waiting. 1an noticed that there were
other policemen within the vicinity. '' 1hen, Mayor 2orteB and !latero,
each carrying an M=1/ rifle, alighted from the vehicle and approached
the guardhouse. *gain, Mayor 2orteB as8ed 1an where petitioner was.
*gain 1an gave him the same answer. '# Mayor 2orteB reacted in
disbelief, saying Rah.R Suddenly, 1an heard a burst of gunshots directed
at the guardhouse. De immediately duc8ed on the ground and then ran
towards the pasillo leading to the bac8 of the guardhouse. '0 SeiBed by
fear, he was not able to wa8e petitioner. '/ De ran away and, upon
reaching a banana plantation, stayed there until morning. '4 1he ne@t
day, he went to the 2hief of !olice of Sibagat, *gusan del Sur. '. De
was brought to the -ayugan !olice Station so that he could give a
statement regarding the incident. -ut he refused to sign the typewritten
statement prepared by the -ayugan !olice because it pinpoints to
petitioner as the 8iller of Mayor 2orteB. De was against such statement
because he did not see petitioner shot Mayor 2orteB. '$
?-7 *gent ;irgilio <ecasa testified that upon inspecting the <5?+
chec8point at Maygatasan, -ayugan, he observed that it was riddled
with bullets. #( 1he locations of the bullet holes showed that those
responsible surrounded the building. #1 Erom his investigation, it was
Mayor 2orteB, together with !latero and !fc. %atillo, who approached
the <5?+ chec8point. 1hey were followed by several policemen who
were instructed by Mayor 2orteB Rto prepare for any eventuality.R #& De
was not able to collect the guns and have them tested by the ?-7Xs
ballistic technician because the policemen refused to submit themselves
to an investigation. #' De recommended that the cases filed against
petitioner be reviewed and)or investigated to prevent injustice. ##
,aBarito 5storAue recounted that on >anuary 1#, 1$$(, at about 0:'(
oXcloc8 in the afternoon, he and Mayor 2orteB were having a Rdrin8ing
sessionR at the house of his compadre -ong 6adao. Mayor 2orteB,
together with his three ') policemen, left 6adaoXs house at 4:(( o cloc8
in the evening. #0
2onseAuently, two 7nformations for frustrated murder and murder,
doc8eted as 2riminal 2ases ?os. #1# and #10, were filed with the
+egional 1rial 2ourt +12), -ranch ;77, -ayugan *gusan del Sur.
!ursuant to this 2ourtXs +esolution dated *ugust &, 1$$(, the venue was
transferred to the +12, -ranch ;, -utuan 2ity where the cases were
doc8eted as 2riminal 2ases ?os. #1$# and #1$0. -efore petitioner could
be arraigned, the private prosecutor filed with the +12 a motion to refer
the cases to the Sandiganbayan but it was denied in an "rder dated
March 11, 1$$1. #/ !etitioner was then arraigned and pleaded not guilty
to both charges. #4
1he private prosecutor filed with this 2ourt a petition for certiorari
Auestioning the order of the +12, but the same was dismissed. #. 1his
time, the public prosecutor filed with the +12 an "mnibus Motion to
<ismiss #$ on the ground of lac8 of jurisdiction. "n *ugust $, 1$$1, the
+12 issued an "mnibus "rder 0( granting the motion and dismissing
2riminal 2ases ?os. #1$# and #1$0. 1his prompted Special !rosecution
"fficer <ela ,lana to file with the Sandiganbayan the two 7nformations
Auoted above.
7n this petition, petitioner ascribes to the Sandiganbayan the following
errors:
R*. 1D5 D"?"+*-,5 S*?<7%*?-*I*? %+*;5,I
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2D*+%5<3
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2+7M5S 2D*+%5<, 1D5 D"?"+*-,5 S*?<7%*?-*I*?
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7? S5,E=<5E5?S53 *?<
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2+7M5S 2D*+%5<, 1D5 D"?"+*-,5 S*?<7%*?-*I*?
%+*;5,I 5++5< 7? E7?<7?% 1D5 5P7S15?25 "E
1+5*2D5+I.R
1he !eople counters that since petitioner was on a &#=hour duty as
1eam ,eader of the <5?+ Sentro Stri8ing Eorce when the crimes too8
place, it follows that his acts were committed in relation to his office.
?ecessarily, the previous dismissal of his cases by the +12 could not
result in double jeopardy. 01 1he presentation of petitionerXs weapon or
the autopsy report is immaterial considering that both !fc. %atillo and
!latero positively identified petitioner as the culprit. 0& Moreover, the
inconsistencies in the testimonies of the prosecution witnesses do not in
any manner affect their credibility for they merely involve immaterial
matters. 0' ,astly, petitionerXs plea of self=defense cannot be sustained
because of the absence of all its reAuisites. 0#
1he petition is impressed with merit.
Eirst, we shall resolve the issues of jurisdiction and double jeopardy.
!etitioner assails the jurisdiction of the Sandiganbayan over his cases on
the ground that the crimes imputed to him were not committed in
relation to his office.
Jell=settled is the principle that the jurisdiction of a court to try a
criminal case is determined by the law in force at the time of the
institution of the action. 00 Dere, the applicable law is !residential
<ecree !.<.) ?o. 1/(/, 0/ as amended by !.<. ?o. 1./1. 04 Section #,
paragraph a) thereof provides: 7Da2<5
RS5217"? #. >urisdiction. S 1he Sandiganbayan shall e@ercise:
a) 5@clusive original jurisdiction in all cases involving:
1) ;iolations of +epublic *ct ?o. '(1$, as amended, otherwise
8nown as the *nti=%raft and 2orrupt !ractices *ct, +epublic *ct ?o.
1'4$, and 2hapter 77, Section &, 1itle ;77 of the +evised !enal 2ode3
&) "ther offenses or felonies committed by public officers and
employees in relation to their office, including those employed in
government=owned or controlled corporations, whether simple or
comple@ed with other crimes, where the penalty prescribed by law is
higher than prision correccional or imprisonment for si@ /) years, or a
fine of !/,(((.(( . . .R 5mphasis supplied)
7n a catena of cases decided under the aegis of !.<. ?o. 1/(/, such as
*guinaldo vs. <omagas, 0. SancheB vs. <emetriou, 0$ ?atividad vs.
Eeli@, /( and +epublic vs. *suncion, /1 we ruled that two reAuirements
must concur under Sec. #a)&) for an offense to fall under the
SandiganbayanXs jurisdiction, namely: 1) the offense committed by the
public officer must be in relation to his office3 and &) the penalty
prescribed must be higher than prision correccional or imprisonment for
si@ /) years, or a fine of !/,(((.((. "bviously, the first reAuirement is
the present cause of discord between petitioner and the !eople.
*n offense is deemed to be committed in relation to the accusedXs
office when such office is an element of the crime charged or when the
offense charged is intimately connected with the discharge of the official
function of the accused. /& 7n 2unanan vs. *rceo, /' we held:
R7n SancheB vs. <emetriou G&&4 S2+* /&4 1$$')H, the 2ourt
elaborated on the scope and reach of the term Xoffense committed in
relation to Gan accusedXsH officeX by referring to the principle laid down in
Montilla vs. Dilario G$( !hil #$ 1$01)H, and to an e@ception to that
principle which was recogniBed in !eople vs. Montejo G1(. !hil /1'
1$/()H. 1he principle set out in Montilla vs. Dilario is that an offense
may be considered as committed in relation to the accusedXs office if Xthe
offense cannot e@ist without the officeX such that Xthe office GisH a
constituent element of the crime . . .X 7n !eople vs. Montejo, the 2ourt,
through 2hief >ustice 2oncepcion, said that Xalthough public office is not
an element of the crime of murder in GtheH abstract,X the facts in a
particular case may show that X. . . the offense therein charged is
intimately connected with Gthe accusedXsH respective offices and was
perpetrated while they were in the performance, though improper or
irregular, of their official functions. 7ndeed, the accusedH had no
personal motive to commit the crime and they would not have
committed it had they not held their aforesaid offices . . .RX
1he 7nformations filed with the Sandiganbayan allege that petitioner,
then a Rpublic officer,R committed the crimes of murder and frustrated
murder Rin relation to his office,R i.e., as R2ommunity 5nvironment and
?atural +esources "fficerR of the <5?+. /# 7t is apparent from this
allegation that the offenses charged are intimately connected with
petitionerXs office and were perpetrated while he was in the performance
of his official functions. 7n its +esolution /0 dated *ugust &0, 1$$&, the
Sandiganbayan held that petitioner was Ron dutyR during the incident3
that the <5?+ 2hec8point Rwas put up in order to prevent incursions
into the forest and wooded area3R and that petitioner, as a guard, was
Rprecisely furnished with a firearm in order to resist entry by force or
intimidation.R 7ndeed, if petitioner was not on duty at the <5?+
chec8point on >anuary 1#, 1$$(, he would not have had the bloody
encounter with Mayor 2orteB and his men. // 1hus, based on the
allegations in the 7nformations, the Sandiganbayan correctly assumed
jurisdiction over the cases.
Significantly, while petitioner had already pleaded Rnot guiltyR before
the +12, jeopardy did not attach as it did not acAuire jurisdiction. 1here
can be no double jeopardy where the accused entered a plea in court that
had no jurisdiction. /4
Je now go to the substantial merits of the case.
*fter considering the records very closely, we are constrained to
reject the evidence for the prosecution. >urisprudence is settled that
whatever is repugnant to the standards of human 8nowledge, observation
and e@perience becomes incredible and lies outside judicial cogniBance.
2onsistently, we ruled that evidence, to be believed, must proceed not
only from the mouth of a credible witness but must be credible in itself
as to hurdle the test of conformity with the 8nowledge and common
e@perience of man8ind. /. Dere, the prosecution witnesses, !latero and
!fc. %atillo, are not credible. 7ndeed, their testimonies bear the earmar8s
of falsehood.
Eirst, !lateroXs tale that !acheco 1an, who was then on Rfirst shiftR at
the <5?+ chec8point that day, suddenly ran towards the <5?+
2hec8point when !fc. %atillo as8ed him for some gasoline simply does
not ma8e sense. Jhy would a person run away with fear for such a
simple reAuestO 5ven former Sandiganbayan >ustice +egino
Dermosisima, >r. /$ was mystified by such a reaction, constraining him
to delve deeper into the matter, thus:
RF *nd you want the 2ourt to understand that immediately after
%atillo as8ed for gasoline, !acheco 1an ran towards inside the -E<
monitoring centerO
* Ies, he ran away, ran inside.
>CS1725 D5+M"S7S7M*:
,oo8, a person would not run away in fear without any reason why
he did. 1ell me now why did !acheco 1an run awayO
* 7 do not 8now.
@@@ @@@ @@@
F Jill you tell me whether 2ael or you pointed your guns at !acheco
1anO
* ?o.
F Iou did not. Iou cannot tell me why !acheco 1an ran inside, why
was he scaredO
* 7 do not 8now.R 4(
Surely, we cannot accept a story that defies reason and leaves much to
the imagination. !lateroXs failure to lend a touch of realism to his tale
leads us to the conclusion that he was either withholding an
incriminating information or was not telling the truth. *s it turned out,
1an rushed towards the bac8 of the guardhouse because of the Rsudden
burst of gunfireR directed at that place. 7n short, he fled for his life.
Second, it is highly doubtful that obtaining some gasoline was the real
object of Mayor 2orteB, !latero and !fc. %atillo in going to the <5?+
chec8point. Strangely, their conduct, upon arriving at that place, showed
their concern more on the whereabouts of petitioner than whether there
was gasoline to spare. !fc. %atillo, testifying for the prosecution,
admitted during cross=e@amination that he did not hear Mayor 2orteB
and !latero as8 for gasoline. *ll that he heard was Mayor 2orteBX inAuiry
regarding petitionerXs whereabouts, thus:
RF Iou said that !acheco 1an went inside to get +aul Mapatos, is
it not a fact that when Mayor 2orteB arrived at the <5?+ monitoring
station, he as8ed !acheco 1an where +aul Mapatos wasO
* Ies, sir.
F *nd precisely !acheco 1an told Mayor 2orteB that +aul Mapatos is
inside the room sleepingO
* Ies sir.
@@@ @@@ @@@
F -ut you did not hear at any time the conversation between !acheco
1an and the late Mayor 2orteB, with Mayor 2orteB as8ing !acheco 1an
for gasoline, is that rightO
* ?o, more Sir.
F *nd at any time before the shooting incident you did not hear
Socrates !latero as8ing !acheco 1an for gasoline, is that rightO
* ?o, sir.
@@@ @@@ @@@
F *s a matter of fact, the only thing you heard in reference to the
accused +aul Mapatos was that Mayor 2orteB was loo8ing for Mapatos
because he wanted to tal8 with Mapatos, is that rightO
* Ies, sir. 41
1he above testimony strongly confirms 1anXs narration that !fc.
%atillo and Mayor 2orteB only as8ed him where petitioner was. 4&
?othing was ever mentioned about the gasoline. ?otably, !latero, in his
*ffidavit e@ecuted the day after the incident, stated that he and the
Mayor went to the <5?+ chec8point because RMayor 2orteB wanted to
see +aul Mapatos because he is the team leader of the <5?+ Monitoring
Station.R *gain, the gasoline was not alluded to.
2orollarily, this brings us into a Auandary S what could have been
the reason why Mayor 2orteB, !latero and !fc. %atillo were loo8ing for
petitioner on the night of >anuary 1#, 1$$(O 1he records bear out that the
relationship between Mayor 2orteB and petitioner was not friendly.
1here were several occasions when their interests clashed S Mayor
2orteB, as the owner of a sawmill, and petitioner, as a forest law
enforcer. 7n his Sworn Statement 4' dated March 14, 1$$(, petitioner
declared, among others, that previously, he apprehended the MayorXs
men several times for illegally cutting and transporting RflitchesR
belonging to the Mayor and his family, thus: c1a<DS
F &(: *fter realiBing that Mayor 2"+15M was the one who led the
attac8 of the <5?+ 25?1+" Stri8e Eorce DeadAuarters, what could be
the reason why the Mayor and his men attac8ed your headAuartersO
* &(: 7 believe that Mayor 2"+15M became angry with me
because of the previous apprehensions of illegally cut and transported
flitches which belonged to them, 7 mean, to that of Mayor 2"+15M
family.
F &1: Jhy, did the then Mayor also engaged sic) in loggingO
* &1: 7n one instance, we apprehended a truc8load of illegally
transported flitches and the document presented showed that they were
consigned to the 2"+15MX sawmill in -ayugan, *gusan del Sur.
F &&: *re there instances also that the mayor intervened in any way
in the apprehensions of these illegally cut and transported logsO
* &&: Sometime in September, 1$.$, when we apprehended a truc8
load of illegally cut and transported flitches, Mayor 2"+15M reAuested
that the truc8 carrying the flitches be turned over to his custody which
truc8 was the regular carrier of flitches consigned to their sawmill. 1he
reAuest was granted by 25?+" ;7<*, and the proper documents for
the turn over of custody were properly made. *fter that, during the
month of "ctober, 1$.$, we again apprehended the same truc8
previously turned over to the custody of Mayor again carrying illegally
cut and transported flitches which 7 believe angered the Mayor.
*lso, three ') days before the incident at the 25?+" Stri8e Eorce
DeadAuarters in Maygatasan, 7 also had a confrontation with an *rmy
soldier acting as Security of Mayor 2"+15M, one named <*??I
%5S1*.
F &': Jill you narrate what that confrontation was all aboutO
* &': "n >anuary 11, 1$$(, while 7 was outside of the <5?+
25?+" Stri8e Eorce DeadAuarters repairing my motorcycle, a truc8
loaded with illegally cut flitches just passed our DeadAuarters without
stopping at our headAuarters for inspection so when the truc8 came bac8,
7 stopped the same truc8 and called the driver and as8ed him who is the
owner of the flitches. 1he driver told me that the flitches belonged to
<*??I %5S1* and when 7 as8ed him where he too8 the flitches, he
told me that he too8 the flitches to the sawmill of the 2"+15M.X Jhen 7
as8ed him who escorted it, the driver told me that it was one named
X?"?"X so 7 told the driver to tell X?"?"X to come to our DeadAuarters
so we could tal8. "n the following day, when 7 went to a shop owned by
M*J5 +*-CI* for consultation of my motorcycle, <*??I %5S1*
was there. 7 reAuested M*J5 +*-CI* to ta8e a loo8 of my
motorcycle for any defect and it was at this instance that <*??I
%5S1* approached me and told me and to Auote: XC?S* M*?% 6*
?%* 7M" M*?% 6"?% 7!*+5!"+1=+5!"+1 S* 7M". J*,*
M*?% %*?7 M*6*!*=+5!"+1 *?% 2"+"?5, S* *6".X 7 then
told and e@plained to <*??I %5S1* that it was not him whom 7
wanted to tal8 and report to me but X?"?"X. <*??I %5S1* suddenly
stood up and told me and to Auote: X!C1*?% 7?* 6*V -C6="?
?*6" ?*?% C," ?7M".X 1o avoid further argument, 7 told M*J5
that 7 better go and 7 left.
F &#: Jhat did you do after that confrontation with <*??I
%5S1*O
* &#: -ecause of what <*??I %5S1* told me, 7 stayed at the
DeadAuarters at Maygatasan, -ayugan until the incident on >anuary 1#,
1$$( when our DeadAuarters was attac8ed.R
5ven the ?-7 *gents *tty. <ecasa and *li 2. ;argas found that
Mayor 2orteB had an Rulterior motive of revengeR against petitioner,
thus:
R. . . 1he investigating agents are inclined to believe that Xthe late
Mayor 2orteB must have some ulterior motive of revenge in going to the
headAuarters at that late hour of the night, armed with high=powered
guns, together with policemen and bodyguards, and under the influence
of liAuor, especially so that it is of public 8nowledge that he had been
harboring hatred towards M*!*1"S who had e@hibited antagonism to
his illegal activities.XR 4#
1hird, the account of !fc. %atillo and !latero that petitioner suddenly
came out of the guardhouse and shot Mayor 2orteB Ra matter of
secondsR after 1an ran towards the place is incredible. 40 Eor one, both
the prosecution and the defense witnesses testified that petitioner was
sleeping inside the guardhouse. Eor another, 1an did not have the chance
to wa8e petitioner prior to the shoot=out. 1he prosecution witnesses
admitted this fact.
5ven before 1an could enter the guardhouse, he already heard the
Rburst of gunfire coming from outside of the chec8point,R prompting
him to immediately run towards the bac8side of the guardhouse. ?ow, to
say that petitioner suddenly sprang from his slumber and shot Mayor
2orteB without any reason is certainly at odds with common e@perience.
2ontrary to the findings of the Sandiganbayan, the totality of the
contradictions, inconsistencies and flaws in the declarations of !latero
and !fc. %atillo does not simply refer to minor or inconseAuential details
which may be justifiably overloo8ed, nor are they honest lapses which
do not affect or impair the intrinsic value of their testimony. 1hey relate
instead to points material and essential to establish petitionerXs
culpability. 1he obliAuity that pervades the prosecutionXs account of the
incident creates the impression that it was rehearsed and concocted.
7n contrast, the consistent testimonies of the defense witnesses, as
well as the e@isting physical evidence, lend strong support to petitionerXs
plea of self=defense.
7t is basic that for self=defense to prosper, the following reAuisites
must concur: 1) there must be unlawful aggression by the victim3 &)
that the means employed to prevent or repel such aggression were
reasonable3 and ') that there was lac8 of sufficient provocation on the
part of the person defending himself. 4/
*ll the aforestated reAuisites are present in this case. 1hat there was
unlawful aggression is clearly shown by the bullet=riddled guardhouse. 7t
spea8s eloAuently than a hundred witnesses. 44 Je are convinced that
Mayor 2orteB, !latero and !fc. %atillo insisted to 8now petitionerXs
whereabouts and that upon learning that he was sleeping, e@ecuted the
tyrannical attac8. 1hat they went to the <5?+ chec8point with ready
police bac8=up Rfor any eventualityR was proven not only by !acheco
1an, but also by ,aBarito 5storAue and ?-7 *gent <ecasa. 2learly, they
proceeded to the chec8point not on a mission of peace.
1a8ing into consideration the number of the aggressors, the nature
and Auality of their weapons, and the manner of the assault and the fact
that petitioner was alone, we believe that petitionerXs use of an armalite
rifle to defend himself is reasonable.
Einally, that there was lac8 of sufficient provocation on petitionerXs
part is evidenced by the testimonies of the defense witnesses that he was
sleeping inside the guardhouse prior to the initial shooting. Significantly,
no evidence whatsoever was presented showing that he assaulted or
provo8ed his aggressors into attac8ing him.
!etitionerXs act of surrendering himself and his weapon to the
authorities immediately the day after the incident dissipates any
conjecture that he had a criminal mind when he fired his gun upon the
victims. Dis courage to face his accuser, in spite of the opportunity to
flee, indicates his innocence.
1hus, while it is true that the Rfactual findings of the trial court are
entitled to great weight and are even conclusive and bindingR to this
2ourt, this principle does not aptly here. 1he findings of facts of the
Sandiganbayan are not sufficiently established by evidence, leaving
serious doubts in our minds regarding the culpability of petitioner.
7n sum, we find that the prosecution failed to prove by evidence
beyond reasonable doubt the guilt of herein petitioner for murder and
frustrated murder. Jhat is apparent is that Mayor 2orteB and his men
were the aggressors. !etitioner, who was just awa8ened by the gunfire,
was justified in firing bac8 at them. Dis act is in accordance with manXs
natural instinct to save his life from impending danger. Je cannot e@pect
him to simply retreat or wait for the bullet to hit and 8ill him.
JD5+5E"+5, the <ecision dated March &4, &((1 of the
Sandiganbayan is +5;5+S5< and petitioner is *2FC7115< of the
crimes of murder and frustrated murder.
1he <irector of !risons is hereby directed to cause the release of
petitioner unless the latter is being lawfully held for another crime and to
inform this 2ourt accordingly within ten 1() days from notice.
7aD<c1
S" "+<5+5<.
!uno, !anganiban, 2orona and 2arpio Morales, >> ., concur.
E7+S1 <7;7S7"?
G%.+. ?os. 4#$.$=$(. ?ovember /, 1$.$.H
>"5, -. 2*5S, petitioner, vs. Don. 7?15+M5<7*15 *!!5,,*15
2"C+1 Eourth Special 2ases <ivision), Don. *,E+5<" M.
%"+%"?7", in his capacity as the !residing >udge of the +egional
1rial 2ourt of 2aloocan 2ity, -ranch 2PP;, ?ational 2apital +egion
and !5"!,5 "E 1D5 !D7,7!!7?5S, respondents.
SancheB K Montebon ,aw "ffice for petitioner.
< 5 2 7 S 7 " ?
2+CM, > p:
Je deal with a simple matter that should not detain us too long.
Eittingly, we shall decide it in favor of individual liberty rather than
upon rebuttable presumptions and dubious implications.
1he facts are simple and mostly undisputed.
"n ?ovember &1, 1$.1, petitioner >oel 2aes was charged in two
separate informations with illegal possession of firearms and illegal
possession of marijuana before the 2ourt of Eirst 7nstance of +iBal. 1
1he cases were consolidated on <ecember 1(, 1$.1. &
*rraignment was originally scheduled on >anuary 11, 1$.&, but was
for some reason postponed. '
"n *ugust '1, 1$.&, 2aes was arraigned and pleaded not guilty. #
1rial was scheduled for "ctober 1', 1$.&, but this was reset upon
agreement of the parties. 0
"n ?ovember 10, 1$.&, the trial was again postponed for reasons that
do not appear in the record. /
"n <ecember &(, 1$.&, the trial was again postponed because the
prosecution witnesses were absent. 4
"n >anuary 1$, 1$.', the third resetting of the case was also canceled,
no reason appearing in the record. .
"n Eebruary &1, 1$.', no trial could be held again, the prosecution
witnesses being absent. $
"n March &1, 1$.', the trial was reset once more, again because the
prosecution witnesses were absent. 1(
"n *pril 1$, 1$.', the trial of the case had not yet started. 7t was reset
because the prosecution witnesses were again absent. 11
"n >une ', 1$.', a sheriffs return informed the trial court that the
prosecution witnesses, namely, 2apt. 2arlos <acanay and Sgt. -onifacio
,ustado, had been personally served with subpoena to appear and testify
at the hearing scheduled on >une /, 1$.'. 1&
"n >une /, 1$.', the trial was again postponed, this time because
there was no trial fiscal. 1'
"n >uly 1&, 1$.', trial was reset for lac8 of material time. 1#
"n September /, 1$.', the trial was once more reset by agreement of
the parties. 10
"n "ctober 1$, 1$.', the trial was reset to ?ovember 1#, 1$.'. 1/
"n ?ovember 1#, 1$.', the prosecution moved for the provisional
dismissal of the case because its witnesses had not appeared. "n the
same date, >udge *lfredo M. %orgonio issued the following order: ,,jur
7n view of the failure of the prosecution witnesses to appear on
several scheduled hearings and also for the hearing today which is an
indication of lac8 of interest, upon motion of the trial fiscal for the
provisional dismissal of these cases and with the conformity of the
accused, the above=entitled cases are hereby ordered !rovisionally
<ismissed, with costs de oficio. 14
"n >anuary $, 1$.#, a motion to revive the cases was filed by Maj.
<acanay he had been promoted in the meantime) and Sgt. ,ustado, who
alleged that they could not attend the hearing scheduled on ?ovember
1#, 1$.', for lac8 of notice. 1. 2opy of the motion was furnished the
2ity Eiscal of 2aloocan 2ity but not the petitioner.
"n May 1., 1$.#, the respondent judge issued the following order:
*cting on the RMotion for the +evival of the 2aseR dated <ecember
0, 1$.' filed by the complaining witnesses to which no opposition has
been filed either by the Eiscal or the defense, and considering that the
dismissal of these cases was only provisional, for reasons stated in the
motion, the same is granted.
JD5+5E"+5, let these cases be set anew for hearing on >une 1',
1$.# at .:'( in the morning. 1$
* motion for reconsideration filed by the petitioner dated >une 4,
1$.#, was denied on "ctober $, 1$.#, and the revived cases were set for
hearing on ?ovember 1$, 1$.#. &(
1he petitioner Auestioned the judgeXs order on certiorari with this
2ourt, which referred his petition to the respondent court. 1he petition
there was dismissed for lac8 of merit on May &(, 1$./, and
reconsideration was denied on >une 14, 1$./. &1 2aes then came to us
again.
1he present petition is based on two arguments, to wit: a) that the
motion to revive the cases was invalid because it was not filed by the
proper party nor was a copy served on the petitioner3 and b) the revival
of the cases would place the petitioner in double jeopardy in violation of
the -ill of +ights.
Je sustain the petitioner on both counts.
7t is a@iomatic that the prosecution of a criminal case is the
responsibility of the government prosecutor and must always be under
his control. && 1his is true even if a private prosecutor is allowed to
assist him and actually handles the e@amination of the witnesses and the
introduction of other evidence. &' 1he witnesses, even if they are the
complaining witnesses, cannot act for the prosecutor in the handling of
the case. *lthough they may as8 for the filing of the case, they have no
personality to move for its dismissal or revival as they are not even
parties thereto nor do they represent the parties to the action. 1heir only
function is to testify. 7n a criminal prosecution, the plaintiff is
represented by the government prosecutor, or one acting under his
authority, and by no one else. pr,,
7t follows that the motion for the revival of the cases filed by
prosecution witnesses who never even testified) should have been
summarily dismissed by the trial judge. 1he mere fact that the
government prosecutor was furnished a copy of the motion and he did
not interpose any objection was not enough to justify the action of these
witnesses. 1he prosecutor should have initiated the motion himself if he
thought it proper. 1he presumption that he approved of the motion is not
enough, especially since we are dealing here with the liberty of a person
who had a right at least to be notified of the move to prosecute him
again. 1he fact that he was not so informed made the irregularity even
more serious. 7t is curious that the motion was granted just the same, and
e@ parte at that and without hearing, and the petitionerXs subseAuent
objection was brushed aside.
"n the second issue, the position of the public respondent is that
double jeopardy has not attached because the case was only
provisionally dismissed and it was with the conformity of the accused.
1he petitioner denies that he consented to the dismissal and submits that
the dismissal was final notwithstanding its description.
Eittingly described as Rres judicata in prison grey,R the right against
double jeopardy prohibits the prosecution of a person for a crime of
which he has been previously acAuitted or convicted. 1he purpose is to
set the effects of the first prosecution forever at rest, assuring the
accused that he shall not thereafter be subjected to the danger and
an@iety of a second charge against him for the same offense.
7t has been held in a long line of cases &# that to constitute double
jeopardy, there must be: a) a valid complaint or information3 b) filed
before a competent court3 c) to which the defendant had pleaded3 and
d) of which he had been previously acAuitted or convicted or which was
dismissed or otherwise terminated without his e@press consent.
1here is no Auestion that the first three reAuisites are present in the
case at bar. Jhat we must resolve is the effect of the dismissal, which
the petitioner contends finally and irrevocably terminated the two cases
against him. Dis submission is that the dismissal was not provisional
simply because it was so designated, more so since he had not e@pressly
consented thereto.
7t is settled that a case may be dismissed if the dismissal is made on
motion of the accused himself or on motion of the prosecution with the
e@press consent of the accused. &0 Such a dismissal is correctly
denominated provisional. -ut a dismissal is not provisional even if so
designated if it is shown that it was made without the e@press consent of
the accused. 1his consent cannot be presumed nor may it be merely
implied from the defendantXs silence or his failure to object *s we have
held in a number of cases, such consent must be e@press, so as to leave
no doubt as to the defendantXs conformity. &/ "therwise, the dismissal
will be regarded as final, i.e., with prejudice to the refiling of the case.
pr,,
1here are instances in fact when the dismissal will be held to be final
and to dispose of the case once and for all even if the dismissal was
made on motion of the accused himself. 1he first is where the dismissal
is based on a demurrer to the evidence filed by the accused after the
prosecution has rested. Such dismissal has the effect of a judgment on
the merits and operates as an acAuittal. 7n !eople v. 2ity of Silay, &4 for
e@ample, the trial court dismissed the case on motion of the accused on
the ground of insufficiency of the prosecution evidence. 1he government
came to this 2ourt on certiorari, and the accused pleaded double
jeopardy. "ur finding was that the case should not have been dismissed
because the evidence submitted by the prosecution was not insufficient.
5ven so, the petitioner had to be denied relief because the dismissal
amounted to an acAuittal on the merits which was therefore not
appealable. >ustice MuToB=!alma said: RDowever erroneous the order of
the respondent 2ourt is, and although a miscarriage of justice resulted
from said order, such error cannot now be righted because of the timely
plea of double jeopardy.R
1he other e@ception is where the dismissal is made, also on motion of
the accused, because of the denial of his right to a speedy trial. 1his is in
effect a failure to prosecute. 2oncerning this right, the ruling in the old
case of 2onde v. +ivera &. is still valid doctrine. Dere the prosecution
was dismissed because the accused was made to Rdance attendance on
courtsR and subjected to no less than eight unjustified postponements
e@tending over a year that unduly delayed her trial. 7n dismissing the
charges against her, >ustice Malcolm declared for a unanimous Supreme
2ourt:
"n the one hand has been the petitioner, of humble station, without
resources, but fortunately assisted by a persistent lawyer, while on the
other hand has been the %overnment of the !hilippine 7slands which
should be the last to set an e@ample of delay and oppression in the
administration of justice. 1he 2ourt is thus under a moral and legal
obligation to see that these proceedings come to an end and that the
accused is discharged from the custody of the law.
Je lay down the legal proposition that, where a prosecuting officer,
without good cause, secures postponements of the trial of a defendant
against his protest beyond a reasonable period of time, as in this instance
for more than a year, the accused is entitled to relief . . .
1he case at bar is not much different from 2onde. *s the record
shows, the petitioner was arraigned on *ugust '1, 1$.&, but was never
actually tried until the cases were dismissed on ?ovember 1#, 1$.',
following eleven postponements of the scheduled hearings, mostly
because the prosecution was not prepared. 1he accused was never absent
at these aborted hearings. De was prepared to be tried, but either the
witnesses against him were not present, or the prosecutor himself was
absent, or the court lac8ed material time. Meantime, the charges against
him continued to hang over his head even as he was not given an
opportunity to deny them because his trial could not be held. pr,,
Cnder these circumstances, 2aes could have himself moved for the
dismissal of the cases on the ground of the denial of his right to a speedy
trial. 1his would have been in 8eeping with !eople v. 2loribel, &$ where
the case dragged for almost four years due to numerous postponements,
mostly at the instance of the prosecution, and was finally dismissed on
motion of the defendants when the prosecution failed to appear at the
trial. 1his 2ourt held Rthat the dismissal here complained of was not
truly a dismissal but an acAuittal. Eor it was entered upon the defendantsX
insistence on their constitutional right to speedy trial and by reason of
the prosecutionXs failure to appear on the date of trial.R
1he circumstance that the dismissal of the cases against the petitioner
was described by the trial judge as RprovisionalR did not change the
nature of that dismissal. *s it was based on the Rlac8 of interestR of the
prosecutor and the conseAuent delay in the trial of the cases, it was final
and operated as an acAuittal of the accused on the merits. ?o less
importantly, there is no proof that 2aes e@pressly concurred in the
provisional dismissal. 7mplied consent, as we have repeatedly held, is
not enough3 neither may it be lightly inferred from the presumption of
regularity, for we are dealing here with the alleged waiver of a
constitutional right. *ny doubt on this matter must be resolved in favor
of the accused.
Je conclude that the trial judge erred in ordering the revival of the
cases against the petitioner and that the respondent court also erred in
affirming that order. 2aes having been denied his constitutional right to a
speedy trial, and not having e@pressly consented to the RprovisionalR
dismissal of the cases against him, he was entitled to their final dismissal
under the constitutional prohibition against double jeopardy. '(
1he 2ourt e@presses its stern disapproval of the conduct in these
cases of the "ffice of the 2ity !rosecutor of 2aloocan 2ity which
reveals at the very least a lac8 of conscientiousness in the discharge of
its duties. 1he informations appear to have been f led in haste, without
first insuring the necessary evidence to support them. 1he prosecution
witnesses repeatedly failed to appear at the scheduled hearings and all
the prosecution did was to perfunctorily move for a resetting, without
e@erting earnest efforts to secure their attendance. 7n the end, it moved
for the RprovisionalR dismissal of the cases without realiBing, because it
had not studied the matter more carefully, that such dismissal would
have the effect of barring their reinstatement. 2haracteristically, it was
also non=committal on the motion to revive the cases filed by the
prosecution witnesses only, thereby surrendering, by its own silence, its
authority in conducting the prosecution.
7t is possible that as a result of its inattention, the petitioner has been
needlessly molested if not permanently stigmatiBed by the unproved
charges. 1he other possibility, and it is certainly worse, is that a guilty
person has been allowed to escape the penalties of the law simply
because he may now validly claim the protection of double jeopardy. 7n
either event, the responsibility clearly lies with the "ffice of the 2ity
!rosecutor of 2aloocan 2ity for its negligence and ineptitude. ,e@,ib
JD5+5E"+5, the petition is %+*?15<. 1he challenged decision
of the respondent court dated May &(, 1$./, and the orders of the trial
court dated May 1., 1$.#, and "ctober $, 1$.#, are S51 *S7<5. 1he
dismissal of 2riminal 2ases ?os. 2=1/#11.1) and 2=1/#1&.1) is
hereby declared as final.
,et a copy of this decision be sent to the Secretary of >ustice.
S" "+<5+5<.
?arvasa, %ancayco, %riTo=*Auino and Medialdea, >>., concur.
S52. 0. 5ffect of sustaining the motion to Auash. 7f the
motion to Auash is sustained, the court may order that another
complaint or information be filed e@cept as provided in
section / of this rule. 7f the order is made, the accused, if in
custody, shall not be discharged unless admitted to bail. 7f no
order is made or if having been made, no new information is
filed within the time specified in the order or within such
further time as the court may allow for good cause, the
accused, if in custody, shall be discharged unless he is also in
custody of another charge. 0a)
S52. /. "rder sustaining the motion to Auash not a bar to
another prosecution3 e@ception. *n order sustaining the
motion to Auash is not a bar to another prosecution for the
same offense unless the motion was based on the grounds
specified in section ' g) and i) of this +ule. /a)
Sec. 3
E@ects when a 4otion to ,uash is Sustained
1. )ules%
1. (eneral )ule + %)e cor% ma/ order %)a% ano%)er
com'lain% or
in+orma%ion Ae !led
2. E*ception + an order &&%ainin( %)e mo%ion %o ;a&) i& a
Aar %o %)e !lin( o+ ano%)er com'lain% or in+orma%ion i+ %)e
mo%ion 7a& Aa&ed on %)e (rond& %)a%M
1. T)e criminal liaAili%/ o+ %)e acc&ed )a& Aeen
eG%in(i&)ed# or
". T)e acc&ed 7ill Ae 'laced in doAle Eeo'ard/
2. E@ects on the accused who is in custod!%
1. I+ %)e cor% i&&ed %)e order %o !le a ne7 com'lain% or
in+orma%ionM
1. And a ne7 in+orma%ion i& %imel/ !led T )e &)all no% Ae
di&c)ar(ed nle&& admi%%ed %o Aail
". <% no ne7 in+orma%ion i& !led 7i%)in %)e %ime
&'eci!ed T )e &)all
Ae di&c)ar(ed nle&& )e i& in c&%od/ +or ano%)er
c)ar(e
". I+ %)e cor% doe& no% order %)a% a ne7 in+orma%ion Ae !led
T )e &)all Ae
di&c)ar(ed nle&& )e i& in c&%od/ +or ano%)er c)ar(e
1. )emed! when motion is denied
4arcos 0. Sandigana!an
32= S2)& #:3
'eruar! 21, 2666
'irst Di0ision% Pardo, 8.
,uestion%
W)ere a mo%ion %o ;a&) i& denied# 7)a% recor&e i&
a$ailaAle %o %)e acc&edJ
&nswer%
From a denial o+ a mo%ion %o ;a&)# %)e a''ro'ria%e remed/
i& +or acc&ed %o (o %o %rial on %)e meri%&# and i+ an ad$er&e
deci&ion i& rendered# %o a''eal %)ere+rom in %)e manner
a%)ori6ed A/ la7.
Sec. =
E@ects when Arder to 'ile another 2omplaint or
Information is made ! the 2ourt
1. (eneral )ule + %)i& &)all no% Ae a Aar %o ano%)er 'ro&ec%ion
+or %)e &ame
oBen&e
2. E*ception + %)i& &)all Ae a Aar %o ano%)er 'ro&ec%ion +or %)e
&ame oBen&e i+ %)e mo%ion 7a& Aa&ed on %)e (rond& %)a%M
1. T)e criminal liaAili%/ o+ %)e acc&ed )a& Aeen eG%in(i&)ed
nder
Sec. *4(59 and
". DoAle Eeo'ard/ Sec. *4i5
1. )e.fling after grant of motion
Dima!ac!ac 0. 2&
#36 S2)& 121
4a! 21, 266#
Second Di0ision% &ustria.4artine/, 8.
'acts%
Acc&ed 7a& c)ar(ed 7i%) " con%& o+ +al&i!ca%ion o+ 'Alic
docmen%& in one in+orma%ion. S)e 7a& arrai(ned. A+%er %)e
arrai(nmen% &)e mo$ed %o ;a&) %)e in+orma%ion on %)e (rond
%)a% i% 7a& d'lici%o&# 7)ic) 7a& (ran%ed. T7o /ear& la%er# "
c)ar(e& +or +al&i!ca%ion o+ 'Alic docmen%& 7ere !led a(ain&%
)im Aa&ed on %)e &ame inciden%& a& %)o&e de&criAed in %)e
;a&)ed in+orma%ion.
Issue%
Can acc&ed in$oIe doAle Eeo'ard/J
9eld%
No. W)ile a d'lici%o& in+orma%ion i& a $alid in+orma%ion %)a%
can ca&e con$ic%ion# doAle Eeo'ard/ 7ill no% lie in %)i& in&%ance.
I% &)old Ae no%ed %)a% %)e %ermina%ion o+ %)e !r&% Eeo'ard/ 7a&
'on mo%ion o+ acc&ed 7)o !led 7i%) %)e cor% an Ur(en% 1o%ion
%o @a&) 7)ic) 7a& (ran%ed. T)e rein&%a%emen% o+ criminal ca&e&
a(ain&% %)e acc&ed did no% $iola%e )i& ri()% a(ain&% doAle
Eeo'ard/ &ince %)e di&mi&&al o+ %)e in+orma%ion A/ %)e %rial cor%
)ad Aeen eBec%ed a% )i& o7n in&%ance 7)en %)e acc&ed !led a
mo%ion %o di&mi&& on %)e (rond& %)a% %)e +ac%& c)ar(ed do no%
con&%i%%e an oBen&e and %)a% %)e RTC )ad no Eri&dic%ion o$er %)e
ca&e. T)ere cold %)en Ae no doAle Eeo'ard/ in %)i& ca&e &ince
one o+ %)e re;i&i%e& %)a% %)e di&mi&&al Ae 7i%)o% )i& eG're&&
con&en%# i& no% 're&en%
S52. 4. Eormer conviction or acAuittal3 double jeopardy. Jhen
an accused has been convicted or acAuitted, or the case against him
dismissed or otherwise terminated without his e@press consent by a
court of competent jurisdiction, upon a valid complaint or
information or other formal charge sufficient in form and substance
to sustain a conviction and after the accused had pleaded to the
charge, the conviction or acAuittal of the accused or the dismissal
of the case shall be a bar to another prosecution for the offense
charged, or for any attempt to commit the same or frustration
thereof, or for any offense which necessarily includes or is
necessarily included in the offense charged in the former complaint
or information.
Dowever, the conviction of the accused shall not be a bar
to another prosecution for an offense which necessarily
includes the offense charged in the former complaint or
information under any of the following instances:
a) the graver offense developed due to supervening facts
arising from the same act or omission constituting the former
charge3
b) the facts constituting the graver charge became 8nown
or were discovered only after a plea was entered in the
former complaint or information3 or
c) the plea of guilty to the lesser offense was made
without the consent of the prosecutor and of the offended
party e@cept as provided in section 1f) of +ule 11/.
7n any of the foregoing cases, where the accused satisfies
or serves in whole or in part the judgment, he shall be
credited with the same in the event of conviction for the
graver offense. 4a)
"ne important ground for a motion to Auash is Section 4 on double
jeopardy which is also found in the 2onstitution Section &1, *rticle '
on the -ill of +ights.
!rovisional <ismissal
S52. .. !rovisional dismissal. * case shall not be provisionally
dismissed e@cept with the e@press consent of the accused and with
notice to the offended party.
1he provisional dismissal of offenses punishable by
imprisonment not e@ceeding si@ /) years or a fine of any
amount, or both, shall become permanent one 1) year after
issuance of the order without the case having been revived.
Jith respect to offenses punishable by imprisonment of more
than si@ /) years, their provisional dismissal shall become
permanent two &) years after issuance of the order without
the case having been revived. n)
Section . is an entirely new provision.
Sec. 1
Pro0isional Dismissal
1. )e?uisites for a case to e pro0isionall! dismissed%
1. I% m&% )a$e %)e EYPRESS CONSENT o+ %)e acc&ed# and
". NOTICE m&% Ae (i$en %o %)e oBended 'ar%/
2. E@ect of granting pro0isional dismissal + T)e ca&e ma/ Ae
REVIVED# 'ro$ided %)e re$i$al i& made 7i%)in %)e +ollo7in(
'eriod&M
1. 1TC ca&e& T 1 /ear +rom 'ro$i&ional di&mi&&al
". RTC ca&e& T " /ear& +rom 'ro$i&ional di&mi&&al
3. E@ect of failure to re0i0e within stated period
T)e di&mi&&al Aecome& PER1ANENT
1. <emporar! dismissal
2ondrada 0. 7ugtas
351 S2)& #12
'eruar! 21, 2663
Second Di0ision% 2alle"o, Sr., 8.
'acts%
Acc&ed 7a& c)ar(ed 7i%) ra'e. De %o %)e re'ea%ed +ailre
o+ com'lainan% %o &)o7 '# on 1a/ *1# 1FFF# %)e 'ro&ec%or
a&Ied +or a %em'orar/ di&mi&&al o+ %)e ca&e and acc&ed a(reed.
T)e Ed(e di&mi&&ed i% &AEec% %o %)e condi%ion %)a% i% &)old Ae
rein&%a%ed 7i%)in *> da/& o%)er7i&e %)e di&mi&&al Aecome&
'ermanen%. On .ne ""# 1FFF# %)e 'ro&ec%ion a&Ied +or %)e
rein&%a%emen% o+ %)e ca&e. Acc&ed o''o&ed on %)e (rond %)a%
rein&%a%emen% 7old $iola%e )i& ri()% a(ain&% doAle Eeo'ard/.
Issue%
Did %)e rein&%a%emen% 'lace acc&ed in doAle Eeo'ard/J
9eld%
No. I% i& clear +rom %)e record& %)a% %)e di&mi&&al ordered A/
%)e %rial cor% 7a& a %em'orar/ di&mi&&al o+ %)e ca&e# and no% a
'ermanen% one on %)e (rond %)a% %)e ri()% o+ %)e acc&ed %o
&'eed/ %rial )ad Aeen $iola%ed A/ %)e dela/ in %)e 'ro&ec%ion.
2. Pro0isional dismissal
People 0. Hacson
#66 S2)& 2=:
&pril 1, 2663
En 7anc% 2alle"o, Sr., 8.
,uestion%
W)ere an acc&ed in$oIe& %)e "C /ear Aar %o o''o&e %)e
re$i$al o+ a ca&e 7)ic) 7a& 'ro$i&ionall/ di&mi&&ed# 7)a%
re;i&i%e& m&% )e e&%aAli&)J
&nswer%
Acc&ed i& Ardened %o e&%aAli&) %)e +ollo7in(M
1. %)e 'ro&ec%ion 7i%) %)e eG're&& con+ormi%/ o+ %)e
acc&ed or %)e acc&ed mo$e& +or a 'ro$i&ional 2sin perIuicio
di&mi&&al o+ %)e ca&e9 or Ao%) %)e 'ro&ec%ion and %)e acc&ed
mo$e +or a 'ro$i&ional di&mi&&al o+ %)e ca&e9
". %)e oBended 'ar%/ i& no%i!ed o+ %)e mo%ion +or a
'ro$i&ional di&mi&&al o+ %)e ca&e9
*. %)e cor% i&&e& an order (ran%in( %)e mo%ion and
di&mi&&in( %)e ca&e 'ro$i&ionall/9
,. %)e 'Alic 'ro&ec%or i& &er$ed 7i%) aa co'/ o+ %)e order
o+ 'ro$i&ional di&mi&&al o+ %)e ca&e9
Sc) re;iremen%& are condi%ion& sine qua non %o %)e
a''lica%ion o+ %)e %imeCAar. Sec. D o+ Rle 11= o+ %)e Rle& o+
Cor% &)old Ae con&%red %o mean %)a% %)e order o+ di&mi&&al
&)all Aecome 'ermanen% one /ear a+%er &er$ice o+ %)e order o+
di&mi&&al on %)e 'Alic 'ro&ec%or 7)o )a& con%rol o+ %)e
'ro&ec%ion 7i%)o% %)e criminal ca&e )a$in( Aeen re$i$ed. T)e
'Alic 'ro&ec%or canno% Ae eG'ec%ed %o com'l/ 7i%) %)e %imeline
nle&& )e i& &er$ed 7i%) a co'/ o+ %)e order o+ di&mi&&al.
3. 4eaning of e*press consent
People 0. Hacson
#66 S2)& 2=:
&pril 1, 2663
En 7anc% 2alle"o, Sr., 8.
,uestion%
W)a% doe& %)e eG're&& con&en% %o %)e 'ro$i&ional di&mi&&al
meanJ
&nswer%
EG're&& con&en% %o a 'ro$i&ional di&mi&&al i& (i$en ei%)er
viva voce or in 7ri%in(. I% i& a 'o&i%i$e# direc%# ne;i$ocal con&en%
re;irin( no in+erence or im'lica%ion %o &''l/ i%& meanin(. W)ere
%)e acc&ed 7ri%e& on %)e mo%ion o+ a 'ro&ec%or +or a 'ro$i&ional
di&mi&&al o+ %)e ca&e +o obIection or .ith m" conformit"# %)e
7ri%in( amon%& %o eG're&& con&en% o+ %)e acc&ed %o a
'ro$i&ional di&mi&&al o+ %)e ca&e. T)e mere inac%ion or &ilence o+
%)e acc&ed %o a mo%ion +or a 'ro$i&ional di&mi&&al o+ %)e ca&e or
)i& +ailre %o oAEec% %o a 'ro$i&ional di&mi&&al doe& no% amon% %o
eG're&& con&en%.
#. 4otion to withdraw and motion to dismiss
<orres, 8r. 0. <orres.&guinaldo
#=1 S2)& 3:5
8une 21, 2663
'irst Di0ision% >nares.Santiago, 8.
,uestion%
0o7 i& a mo%ion %o 7i%)dra7 in+orma%ion di&%in(i&)ed +rom
a mo%ion %o di&mi&&J
&nswer%
W)ile Ao%) a mo%ion %o 7i%)dra7 in+orma%ion and a mo%ion %o
di&mi&& '% an end %o an ac%ion !led in cor%# %)eir le(al eBec%
$arie&. T)e order (ran%in( %)e 7i%)dra7al o+ %)e in+orma%ion
a%%ain& !nali%/ a+%er 1- da/& +rom recei'% %)ereo+# 7i%)o%
'reEdice %o %)e reC!lin( o+ %)e in+orma%ion 'on rein$e&%i(a%ion.
On %)e o%)er )and# %)e order (ran%in( a mo%ion %o di&mi&&
Aecome& !nal 1- da/& a+%er recei'% %)ereo+# 7i%) 'reEdice %o %)e
reC!lin( o+ %)e &ame ca&e once &c) order ac)ie$e& !nali%/# 7)ic)
i& a+%er %)e la'&e o+ 1 or " /ear& de'endin( on %)e im'o&aAle
'enal%/. UnliIe a mo%ion %o di&mi&&# a mo%ion %o 7i%)dra7
in+orma%ion i& no% %imeCAarred and doe& no% +all 7i%)in %)e amAi%
o+ Sec. D# Rle 11= o+ %)e Rle& o+ Cor%.
3. )e0i0al of dismissed case
People 0. Hacson
#66 S2)& 2=:
En 7anc% 2alle"o, Sr., 8.
,uestion%
W)ere a ca&e i& 'ro$i&ionall/ di&mi&&ed# )o7 ma/ i% Ae
re$i$edJ
&nswer%
T)e ca&e ma/ Ae re$i$ed A/ %)e S%a%e 7i%)in %)e %imeCAar
ei%)er A/ %)e re!lin( or A/ %)e !lin( o+ a ne7 in+orma%ion +or %)e
&ame oBen&e or an oBen&e nece&&aril/ inclded %)erein. T)ere
7old Ae no need o+ a ne7 'reliminar/ in$e&%i(a%ion. 0o7e$er# in
a ca&e 7)erein a+%er %)e 'ro$i&ional di&mi&&al o+ a criminal ca&e#
%)e ori(inal 7i%ne&&e& o+ %)e 'ro&ec%ion or &ome o+ %)em ma/
)a$e recan%ed %)eir %e&%imonie& or ma/ )a$e died or ma/ no
lon(er Ae a$ailaAle and ne7 7i%ne&&e& +or %)e S%a%e )a$e
emer(ed# a ne7 'reliminar/ in$e&%i(a%ion m&% Ae condc%ed
Ae+ore an in+orma%ion i& re!lled or a ne7 in+orma%ion i& !led. A
ne7 'reliminar/ in$e&%i(a%ion i& al&o re;ired i+ a&ide +rom %)e
ori(inal acc&ed# o%)er 'er&on& are c)ar(ed nder a ne7 criminal
com'lain% +or %)e &ame oBen&e or nece&&aril/ inclded %)erein9 or
i+ nder a ne7 criminal com'lain%# %)e criminal liaAili%/ o+ %)e
acc&ed i& '(raded +rom %)a% a& an acce&&or/ %o %)a% a& a
'rinci'al. T)e acc&ed m&% Ae accorded %)e ri()% %o &Ami%
con%erCa?da$i%& and e$idence.
=. -ature of the time.ar rule
People 0. Hacson
#66 S2)& 2=:
&pril 1, 2663
En 7anc% 2alle"o, Sr., 8.
,uestion%
W)a% i& %)e na%re o+ %)e %ime AarCrle nder Sec. D o+ Rle
11=J
&nswer%
T)e %imeCAar nder Sec. D o+ Rle 11= i& aIin %o a &'ecial
'rocedral limi%a%ion ;ali+/in( %)e ri()% o+ %)e S%a%e %o 'ro&ec%e
maIin( %)e %imeCAar an e&&ence o+ %)e (i$en ri()% or a& an
in)eren% 'ar% %)ereo+# &o %)a% %)e la'&e o+ %)e %imeCAar o'era%e&
%o eG%in(i&) %)e ri()% o+ %)e S%a%e %o 'ro&ec%e %)e acc&ed.
T)e %imeCAar nder %)e ne7 rle doe& no% redce %)e
're&cri'%i$e 'eriod& nder Ar%. F> o+ %)e Re$i&ed Penal Code# a
&A&%an%i$e la7. I% i& A% a limi%a%ion o+ %)e ri()% o+ %)e S%a%e %o
re$i$e a criminal ca&e a(ain&% %)e acc&ed a+%er %)e In+orma%ion
)ad Aeen !led A% &A&e;en%l/ 'ro$i&ionall/ di&mi&&ed 7i%) %)e
eG're&& con&en% o+ %)e acc&ed. U'on %)e la'&e o+ %)e %imeline
nder %)e ne7 rle# %)e S%a%e i& 're&med# alAei% di&'%aAl/# %o
)a$e aAandoned or 7ai$ed i%& ri()% %o re$i$e %)e ca&e and
'ro&ec%e %)e acc&ed. T)e di&mi&&al Aecome& ipso facto
'ermanen%. 0e can no lon(er Ae c)ar(ed ane7 +or %)e &ame
crime or ano%)er crime nece&&aril/ inclded %)erein. T)e S%a%e
ma/ re$i$e a criminal ca&e Ae/ond %)e 1C/ear or "C/ear 'eriod&
'ro$ided %)a% %)ere i& a E&%i!aAle nece&&i%/ +or %)e dela/.
1he concept of provisional dismissal means there is no double
jeopardy the case is temporarily dismissed. So obviously the element
of double jeopardy are not around. So, there is a way for the case to be
revived in the future. 1he 1$.0 rules has no direct provision governing
provisional dismissal. 1he guidelines are not clear. Iou can re=file
because there is no double jeopardy. 1he problem is, can the case be re=
filed 0 years afterO
F: Cnder the new rules there is now a deadline. 1he case is
provisionally dismissed, up to whenO
*: M12 cases within one 1) year to revive.
+12 cases within two &) years to revive.
*fter 1 or & years, as the case maybe, the provisional dismissal
becomes permanent.
S52. $. Eailure to move to Auash or to allege any ground
therefore. 1he failure of the accused to assert any ground of
a motion to Auash before he pleads to the complaint or
information, either because he did not file a motion to Auash
or failed to allege the same in said motion, shall be deemed a
waiver of any objections e@cept those based on the grounds
provided for in paragraphs a), b), g), and i) of section ' of
this +ule. .a)
F: Jhat is the effect if the person does not file any motion to AuashO
*: De is J*7;7?% the grounds for the motion to Auash, 5P25!1:
1. lac8 of jurisdiction over the subject matter3 Section ' GaH)
&. the information does not charge any offense3 Section ' GbH)
'. the criminal liability has already been e@tinguished3 Section '
GgH)
#. double jeopardy. Section ' GiH)
Meaning, even if you did not raised it in the beginning, you can still
raised it during the trial. 1he rule is similar to civil procedure defenses
and objections not raised in a motion to dismiss are deemed waived,
e@cept 1.) lac8 of jurisdiction over the subject matter3 &.) res adjudicata3
'.) litis pendentia3 #.) statute of limitations.
Sec. 5
E@ect of 'ailure to 'ile a 4otion to ,uash or to &llege an!
(round <herefor%
1. (eneral )ule .. I% &)all Ae DEE1ED a WAIVER on %)e 'ar% o+
%)e acc&ed
2. E*ception + %)ere i& NO deemed 7ai$er 7)en %)e (rond i&M
1. lacI o+ Eri&dic%ion o$er %)e &AEec% ma%%er 2Sec. *4a53#
". %)e in+orma%ion doe& no% c)ar(e an/ oBen&e 2Sec. *4A53#
*. %)e criminal liaAili%/ )a& alread/ Aeen eG%in(i&)ed 2Sec.
*4(53#
,. doAle Eeo'ard/ 2Sec. *4i53
1. HacB of "urisdiction o0er the o@ense
C! 0. 2&
2:= S2)& 3=:
8ul! 21, 155:
'irst Di0ision% 7ellosillo, 8.
'acts%
Acc&ed 7a& c)ar(ed 7i%) $iola%ion o+ <.P. "" in 1anila on
Dec. 1># 1FD,. I% a''ear& %)a% %)e cor% )ad no Eri&dic%ion A% i%
7a& onl/ a+%er - /ear& and a+%er &)e 7a& con$ic%ed %)a% acc&ed
rai&ed %)e i&&e o+ lacI o+ Eri&dic%ion in )er memorandm !led
7i%) %)e RTC.
Issue%
S)old %)e +ailre o+ %)e acc&ed %o rai&e %)e i&&e in a
mo%ion %o ;a&) Ae %rea%ed a& 7ai$erJ
9eld%
No. Under Sec. D# Rle 11= o+ %)e Rle& o+ Cor% %)e +ailre o+
acc&ed %o a&&er% an/ (rond o+ a mo%ion %o ;a&) Ae+ore )e
'lead& %o %)e com'lain% or in+orma%ion# G G G# &)all Ae deemed a
7ai$er o+ %)e (rond& o+ a mo%ion %o ;a&)# eGce'% %)e (rond& o+
G G G lacI o+ Eri&dic%ion o$er %)e oBen&e c)ar(ed. T)&# %)e
(eneral rle %)a% %)e ;e&%ion o+ Eri&dic%ion o+ a cor% ma/ Ae
rai&ed a% an/ &%a(e o+ %)e 'roceedin(& m&% a''l/. Acc&ed i&
%)ere+ore no% &%o''ed +rom ;e&%ionin( %)e Eri&dic%ion o+ %)e %rial
cor% e$en on a''eal.
G. ARRAIGNMENT AND PLEA .Ru"e //;1
+C,5 11/
*++*7%?M5?1 *?< !,5*
1he accused must be arraigned before the court. 1hat is the
manifestation of the right of the accused to be informed as to the nature
and cause of the accusation against him. 1he procedure is there in GaH.
S5217"? 1. *rraignment and plea3 how made. a) 1he accused
must be arraigned before the court where the complaint or
information was filed or assigned for trial. 1he arraignment shall
be made in open court by the judge or cler8 by furnishing the
accused with a copy of the complaint or information, reading the
same in the language or dialect 8nown to him, and as8ing him
whether he pleads guilty or not guilty. 1he prosecution may call at
the trial witnesses other than those named in the complaint or
information.
@ @ @ @ @
Par. a + &rraignmentM Procedure
1. <he accused must e arraigned efore the court where%
1. %)e com'lain% or in+orma%ion i& !led# or
". a&&i(ned +or %rial
2. <he arraignment shall e made in open court ! the
"udge or clerB !%
1. +rni&)in( %)e acc&ed 7i%) a co'/ o+ %)e com'lain% or
in+orma%ion#
". readin( %)e &ame in %)e lan(a(e or dialec% Ino7n %o )im#
and
*. a&Iin( )im 7)e%)er )e 'lead& (il%/ or no% (il%/
3. <he prosecution ma! call at the trial witnesses other
than those named in the complaint or information.
1. Hanguage Bnown to accused
People 0. &licando
231 S2)& 253
Decemer 12, 1553
En 7anc% Puno, 8.
'acts%
T)e in+orma%ion +or ra'e 7a& 7ri%%en in En(li&). T)e record o+
%)e arrai(nmen% doe& no% re$eal %)a% %)e in+orma%ion a(ain&%
Alicando 7a& read in %)e lan(a(e or dialec% Ino7n %o )im. I% i&
no% Ino7n 7)e%)er )e Ino7& %)e En(li&) lan(a(e or 7)a% dialec%
i& nder&%ood A/ )im.
Issue%
I& %)e arrai(nmen% $alidJ
9eld%
No. T)e readin( o+ %)e com'lain% or in+orma%ion %o %)e
acc&ed in %)e lan(a(e or dialec% Ino7n %o )im i& a ne7
re;iremen% im'o&ed A/ %)e Rle& on Criminal Procedre. I%
im'lemen%& %)e con&%i%%ional ri()% o+ an acc&ed 3to be informed
of the nature and cause of the accusation against him.5 T)e ne7
rle al&o re&'ond& %o %)e reali%/ %)a% %)e P)ili''ine& i& a con%r/
di$ided A/ dialec%& and Pili'ino a& a na%ional lan(a(e i& &%ill in
%)e 'roce&& o+ e$ol%ion. .dicial no%ice can Ae %aIen o+ %)e +ac%
%)a% man/ Fili'ino& )a$e limi%ed nder&%andin( ei%)er o+ %)e
Pili'ino or En(li&) lan(a(e# or o?cial lan(a(e& +or 'r'o&e& o+
commnica%ion and in&%rc%ion. T)e im'or%ance o+ readin( %)e
in+orma%ion %o Alicando in %)e lan(a(e or dialec% Ino7n %o )im
canno% %)& Ae nder&%a%ed. I% canno% Ae 're&med %)a% %)e
arrai(nmen% o+ Alicando 7a& re(larl/ condc%ed.
2. Wai0er of reading of information
4arcos 0. )ui/
213 S2)& 1::
Septemer 1, 1552
<hird Di0ision% Da0ide, 8r., 8.
Issue%
1a/ con&el +or %)e acc&ed 7ai$e %)e readin( o+ %)e
in+orma%ion drin( %)e arrai(nmen% and mani+e&% %)a% acc&ed i&
'leadin( no% (il%/ %o %)e c)ar(eJ
9eld%
No. Con&el alone canno% 7ai$e %)e readin( o+ %)e
in+orma%ion. Acc&ed )im&el+ m&% Ae made %o con!rm %)e
mani+e&%a%ion or direc%ed %o 'er&onall/ maIe %)e 'lea. Sec. 12A3#
Rle 118 o+ %)e Rle& o+ Cor% re;ire& %)e acc&ed %o 'er&onall/
en%er )i& 'lea.
3. 2op! of information
(amas 0. Aco
#23 S2)& 311
4arch 1:, 266#
'irst Di0ision% 2arpio, 8.
'acts%
Acc&ed 7a& arrai(ned and 'leaded (il%/ %o %)e crime o+
%)e+%. A& re;ired A/ %)e Rle&# %)e in+orma%ion 7a& read %o )im in
a dialec% )e nder&%ood. No co'/ o+ %)e in+orma%ion 7a& (i$en %o
)im.
Issue%
Did %)e arrai(nmen% &A&%an%iall/ com'l/ 7i%) %)e
re;iremen%& o+ %)e Rle& o+ Cor%J
9eld%
No. Sec. 12a3 o+ Rle 118 re;ire& %)a% %)e arrai(nmen%
&)old Ae made in o'en cor% A/ %)e Ed(e )im&el+ or A/ %)e clerI
o+ cor% 415 +rni&)in( %)e acc&ed a co'/ o+ %)e com'lain% or
in+orma%ion 7i%) %)e li&% o+ 7i%ne&&e& &%a%ed %)erein# %)en 4"5
readin( %)e &ame in %)e lan(a(e or dialec% %)a% i& Ino7n %o )im#
and 4*5 a&Iin( )im 7)a% )i& 'lea i& %o %)e c)ar(e. Eac) &%e'
con&%i%%e& an in%e(ral 'ar% o+ %)a% crcial &%a(e in criminal
li%i(a%ion K7)ere %)e i&&e& are Eoined G G G and 7i%)o% 7)ic) %)e
'roceedin(& canno% ad$ance +r%)er. T)e 7)ole o+ &aid Sec. 1
&)old Ae &%ric%l/ +ollo7ed A/ %rial cor%&. T)&# %)e la7 aBord&
%)e acc&ed A/ 7a/ o+ im'lemen%a%ion o+ %)e allCim'or%an%
con&%i%%ional manda%e re(ardin( %)e ri()% o+ an acc&ed %o Ae
in+ormed o+ %)e 'reci&e na%re o+ %)e acc&a%ion le$elled a% )im
and i&# %)ere+ore# reall/ an a$ene +or )im %o Ae aAle %o )oi&% %)e
nece&&ar/ de+en&e in reA%%al %)ereo+. In %)i& ca&e# %)ere i& no
di&'%e %)a% %)e Ed(e +ailed %o +rni&) acc&ed a co'/ o+ %)e
in+orma%ion 7i%) %)e li&% o+ %)e 7i%ne&&e&.
#. Hist of witnesses
People 0. de la 2ru/
3#5 S2)& 12#
8anuar! 1=, 2661
Second Di0ision% 4endo/a, 8.
Issue%
1a/ a 7i%ne&& 7)o 7a& no% inclded in %)e 'reliminar/
in$e&%i(a%ion Ae 're&en%ed A/ %)e 'ro&ec%ion drin( %rialJ
9eld%
Ye&. T)e +ac% %)a% %)e 7i%ne&&P name 7a& no% men%ioned
drin( %)e 'reliminar/ in$e&%i(a%ion 2and %)ere+ore no% li&%ed in
%)e in+orma%ion3 o+ %)e ca&e doe& no% 'reclde %)e 'ro&ec%ion
+rom 're&en%in( )im a& a 7i%ne&& drin( %)e %rial.
5? -*?2
G%.+. ?o. 1'4'#.. >une &1, &((#.H
!5"!,5 "E 1D5 !D7,7!!7?5S, appellee, vs. J7,,7*M "?% y ,7
and 2D7?% <5 M7?% ] +"-5+1 17C, appellants.
< 5 2 7 S 7 " ?
!C?", > p:
R. . . the allowance of the privilege to withhold evidence that is
demonstrably relevant in a criminal trial would cut deeply into the
guarantee of due process of law and gravely impair the basic function of
the courts.R 1
2hief >ustice Jarren 5. -urger
1he case at bar involves the clash of two classic values S the need
for the State to stop crimes and preserve the peace against the right of an
individual to confront material witnesses to establish his innocence. 7n
balancing the two values, we shall scrutiniBe and set the parameters that
ought to guide prosecution when to disclose the identity of confidential
informers. S<*a12
"n >uly &4, 1$$. accused Jilliam "ng y ,i and 2hing <e Ming ]
+obert 1iu were charged with violation of Section 10, *rticle 777, in
relation to Section &, *rticle 7, of +epublic *ct ?o. /#&0, otherwise
8nown as 1he <angerous <rugs *ct of 1$4&, as amended. 1he
7nformation & reads:
1hat on or about the &#th day of >uly, 1$$. in FueBon 2ity,
!hilippines, the said accused, conspiring together, confederating with
and mutually helping each other not having been authoriBed by law to
sell, dispense, deliver, transport or distribute any regulated drug, did then
and there willfully and unlawfully sell or offer for sale $.(.0( grams of
Methyl *mphetamine Dydrochloride, which is a regulated drug.
2"?1+*+I 1" ,*J.
Cpon arraignment, the two &) accused, who are 2hinese nationals,
pled not guilty. 1he records do not show whether they had sufficient
8nowledge of the 5nglish language. 1heir trial proceeded. 7n the course
of the trial, the two &) accused were given the services of a 2hinese
interpreter.
1he prosecution, through the testimony of S!"1 +odolfo S.
%onBales, sought to establish that on >uly &', 1$$. at around 0:(( !.M.,
a confidential informant 27) of the Special "perations <ivision S"<),
!?! ?arcotics %roup, reported to 2hief 7nspector *lbert 7gnatius <.
Eerro about the alleged illicit drug activities of a certain Jilliam "ng
and an unidentified 2hinese male partner. *fter an evaluation of the
confidential information, 2hief 7nspector Eerro decided to conduct a
buy=bust operation. De constituted a team of eight .) with !olice
7nspector Medel ?. !oTe as team leader, S!"1 %onBales as poseur=
buyer and the rest as bac8=up support.
*ccording to S!"1 %onBales, the 27 called up the alleged pusher,
placed an order for one 1) 8ilo of shabu and agreed to a !/((,(((.((
consideration. 1he 27 li8ewise agreed to meet with his contact on >uly
&#, 1$$. at /th Street corner %ilmore *venue, ?ew Manila, FueBon
2ity, between #:(( and 0:(( *.M. 1he boodle money was prepared
consisting of si@ /) bundles of cut bond paper with a mar8ed !1,(((.((
peso bill on top of each bundle.
"n >uly &#, &((# at ':(( *.M., the 27 received a call from the drug
dealer changing the meeting time between &:(( and ':(( !.M. on the
same day. 1he team, together with the 27, proceeded to the meeting
place and arrived there at around 1:'( !.M. 1he 27 rode with S!"1
%onBales. 1hey par8ed their car along /th Street corner %ilmore *venue.
1he rest of the team posted themselves at their bac8 and their right side.
* little while, accused "ng approached their car. 1he 27 introduced
him to S!"1 %onBales who told accused "ng in bro8en 1agalog to get
in the car. Jhen "ng inAuired about the money in payment of the shabu,
S!"1 %onBales showed him the slightly opened plastic bag containing
the boodle money. S!"1 %onBales then demanded to see the shabu.
*ccused "ng e@cused himself, went out of the car, wal8ed a few steps
and then waved his right hand to somebody. Jhile accused "ng was
wal8ing bac8 to the car, S!"1 %onBales and the 27 saw a green 1oyota
2orolla coming. 1he 2orolla par8ed in front of their car and a 2hinese=
loo8ing male, later identified as accused 2hing <e Ming ] +obert 1iu
alighted, approached accused "ng and handed to him a gift=wrapped
pac8age. S!"1 %onBales opened it and inside was one 1) sealed plastic
bag with a white crystalline substance. *fter its inspection, accused "ng
demanded for its payment. S!"1 %onBales gave to accused "ng the
boodle money placed in a RJ. -rownR plastic bag. 1hereafter, S!"1
%onBales signaled his bac8=up team by turning on the haBard lights of
the car. S!"1 %onBales himself arrested accused "ng while the 27 and
the bac8=up agents arrested accused <e Ming.
1he officers brought the two &) accused to their office where the
corresponding boo8ing sheets and arrest report were prepared. 1he
plastic bag containing the white crystalline substance was referred to the
!?! 2rime ,aboratory for e@amination. 1he two &) accused were
subjected to a physical and mental e@amination as reAuired. 1hey were
found to be free from any e@ternal signs of trauma.
!olice 7nspector %race M. 5ustaAuio, Eorensic 2hemist, !?! 2rime
,aboratory, testified that the specimen she e@amined had a net weight of
$.(.0( grams and manifested Rpositive results for methyl amphetamine
hydrochlorideR ' or what is commonly 8nown as shabu, a regulated
drug. Der testimony was supported by her !hysical Sciences +eport. #
*ppellants denied the story of the prosecution. *ccused Jilliam "ng,
a 2hinese citiBen from the !eopleXs +epublic of 2hina, claimed that he
came to the !hilippines in 1$$4 to loo8 for a job. Cpon the
recommendation of a friend, he was able to wor8 in a pancit canton
factory in FueBon 2ity. 7n >une 1$$., he stopped wor8ing at the factory
and hunted for another job. 1wo &) wee8s prior to his arrest, accused
"ng was introduced by his friend 6ian ,ing to "ng Sin for a possible
job as technician in a bihon factory owned by "ng Sin.
"n >uly &&, 1$$., "ng Sin called up and set a meeting with accused
"ng at the 1ayuman branch of >ollibee the ne@t day. Jhile waiting at
>ollibee, accused "ng received a call from "ng Sin that he could not
personally meet him. 7nstead, his two &) co=wor8ers would meet
accused "ng as instructed. SubseAuently, two &) men answering to "ng
SinXs description approached accused "ng. De joined them inside a
yellow car. Jhen they reached a certain place, the driver reached for his
cellular phone and called up someone. *fter a brief conversation, the
driver handed the phone to him. "ng Sin was on the line and informed
him that the driver would accompany him to the bihon factory. 1he
driver got out of the car and accused "ng followed him. *fter wal8ing
two &) bloc8s, the driver pic8ed up something from the place. 1hey
returned to the car. Suddenly, the companion of the driver po8ed a gun at
him. De was arrested, blindfolded and brought to an undisclosed place.
Several hours later, he was ta8en to the police station. 1here he met the
other accused 2hing <e Ming for the first time. De maintained
innocence to the crime charged.
"n his part, accused 2hing <e Ming testified that he is a legitimate
businessman engaged in the +1J business. De claimed that he gets his
products from -aclaran and sells them to customers in the cities of ?aga
and <aet in -icol.
"n >uly &', 1$$. at around #:'( and 0:(( !.M., while waiting inside
his car for his girlfriend and her mother who just went in a townhouse at
.th Street, ?ew Manila, FueBon 2ity, he was approached by persons
un8nown to him. 1hey as8ed him what he was doing there. "ne of them
went to the car par8ed at his bac8, ordered somebody inside to get out
and ta8e a good loo8 at him. 1he person pointed at him saying Rmaybe
he is the one.R De was then dragged out of his car and brought to the
other car. 1hey too8 his clutch bag. 1hey blindfolded and brought him to
a place. *fter a few hours, at 2amp 2rame, FueBon 2ity, they removed
his blindfold. De denied 8nowing accused "ng and the charge of
conspiring with him to deliver shabu in ?ew Manila, FueBon 2ity.
*velina 2ardoB, the mother of his girlfriend, and a divine healer,
corroborated his story. She testified that she reAuested accused <e Ming
to drive her to a townhouse at .th Street, ?ew Manila, to cure a patient.
She declared that the officers of the !eopleXs >ournal publication could
attest to her profession. She as8ed accused <e Ming to wait for her and
her daughter inside his car. Jhen they returned to the car, accused <e
Ming was nowhere to be found. 1hey saw him ne@t at the FueBon 2ity
>ail.
"n ?ovember 1., 1$$. the trial court convicted appellants as charged
and imposed on them the penalty of death. 7t li8ewise ordered each of
them to pay a fine of !1 million pesos. 0
1he case is with us on automatic review. *ppellants insist on their
innocence. 1hey claim that their guilt was not proven beyond reasonable
doubt.
Je agree.
7
+ule 11/, Section 1a) of the +evised +ules of 2riminal !rocedure, as
amended, provides:
S5217"? 1. *rraignment and plea3 how made. S
a)1he accused must be arraigned before the court where the
complaint or information was filed or assigned for trial. 1he arraignment
shall be made in open court by the judge or cler8 by furnishing the
accused with a copy of the complaint or information, reading the same in
the language or dialect 8nown to him, and as8ing him whether he pleads
guilty or not guilty. 1he prosecution may call at the trial witnesses other
than those named in the complaint or information. 7talics and emphasis
supplied.)
1he arraignment of appellants violates the above rule. *ppellants are
2hinese nationals. 1heir 2ertificate of *rraignment / states that they
were informed of the accusations against them. 7t does not, however,
indicate whether the 7nformation was read in the language or dialect
8nown to them. 7t merely states:
1his #th day of *ug. 1$$., the undersigns sic) states:
1hat, in open court, and in the presence of 1rial !rosecutor +uben
2atubay, the following accused Jilliam "ng and 2hing <e Ming *6*
+obert 1iu was)were called and, having been informed of the nature of
the accusation filed against him)her)them, furnishing him)her)them a
copy of the complaint or information with the list of witnesses, the said
accused in answer to the Auestion of the 2ourt, pleaded ?ot %uilty to the
crime as charged.
1" JD72D 7 25+17EI.
Sgd. Mary +uth Milo=Eerrer
-ranch 2ler8 of 2ourt
Sgd. Jilliam "ng
*22CS5< J7,,7*M "?%
Sgd. 2hing de Ming
*22CS5< 2D7?% <5 M7?% ] +"-5+1 17C
?either does the *ugust #, 1$$. "rder of >udge <iosdado M. !eralta
of +12=-r. $0, FueBon 2ity, disclose compliance with the rule on
arraignment. 7t merely stated in part that RGwHhen both accused Jilliam
"ng y ,i and 2hing <e Ming ] +obert 1iu were arraigned, assisted by
counsel de parte, both accused entered a plea of not guilty.R 4
Erom the records, it is clear that appellants only 8new the 2hinese
language. 1hus, the services of a 2hinese interpreter were used in
investigating appellants. S!"1 +odolfo S. %onBales revealed in his
testimony, viB: .
F: ?ow, is it not a fact that you had the difficulty of investigating the
two accused because of communication problem from your informantO
*: Je did not encounter such problem when we investigated them sir.
Je also as8ed Auestion and we have another 2hinese who was arrested
who can spea8 1agalog and we used that 2hinese man to translate for us
and for them if the Auestions are difficult to understand, sir.
F: ?ow that 2hinese interpreter that is also an accusedO
*: Ies sir. $
*fter arraignment and in the course of the trial, the lower court had to
secure the services of a certain +ichard ?g ,ee as 2hinese interpreter.
1his appears in the "rder of *ugust &., 1$$. of >udge !eralta, viB:
2onsidering that the counsel of the two &) accused has still a lot of
Auestions to as8 on cross=e@amination . . . Erom hereon, Mr. +ichard ?g
,ee, a businessman and a part time interpreter, is hereby designated by
the 2ourt as interpreter in this case considering that there is no official
interpreter of the 2ourt who is 8nowledgeable in the 2hinese language
or any 2hinese dialect whatsoever. 1he appointment of Mr. +ichard ?g
,ee is without the objection of counsel of the accused and the public
prosecutor and considering that the court is convinced that he indeed
possesses the Aualifications of an interpreter of a 2hinese language or
any other 2hinese dialect 8nown and spo8en by the two &) accused. 1(
5mphasis supplied.)
Jhat leaps from the records of the case is the inability of appellants
to fully or sufficiently comprehend any other language than 2hinese and
any of its dialect. <espite this inability, however, the appellants were
arraigned on an 7nformation written in the 5nglish language.
Je again emphasiBe that the reAuirement that the information should
be read in a language or dialect 8nown to the accused is mandatory. 7t
must be strictly complied with as it is intended to protect the
constitutional right of the accused to be informed of the nature and cause
of the accusation against him. 1he constitutional protection is part of due
process. Eailure to observe the rules necessarily nullifies the
arraignment. 11
77
More important than the invalid arraignment of the appellants, we
find that the prosecution evidence failed to prove that appellants
willfully and unlawfully sold or offered to sell shabu.
*ppellantsX conviction is based on the lone testimony of S!"1
%onBales. De was the designated poseur=buyer in the team formed for
the buy=bust operation. -ut a careful reading of his testimony will reveal
that he was not privy to the sale transaction that transpired between the
27 and appellant Jilliam "ng, the alleged pusher. 7t is beyond
contention that a contract of sale is perfected upon a meeting of the
minds of the parties on the object and its price. 1& ?ot all elements of
the sale were established by the testimony of S!"1 %onBales, viB:
!+"S52C1"+ to S!"1 %"?M*,5S
F: *fter you have prepared the boodle money and you had made the
proper mar8ing which you presented before this Donorable 2ourt, what
happenO
*: "ur 27 ma8e a couple of call and he contacted Jilliam "ng thru a
bro8en tagalog conversation.
F: Jhen your 27 contacted with Jilliam "ng in bro8en tagalogO
*: 7 have a conversation with Jilliam "ng in bro8en tagalog the deal
of one 8ilo gram of shabu was initially closed.
F: Jhen you say RclosedR, what do you mean by thatO 2Dc17*
*: 1hey agreed to the sale of the shabu.
*11I. 1+7?7<*< counsel of accused) to the 2"C+1
Je object to the line of Auestioning, Iour Donor that would be
hearsay.
2"C+1:
7 thin8 what you were as8ing is what happened he said it was the
27 who tal8ed.
!+"S52C1"+ to S!"1 %"?M*,5S
F: So after that, do you 8now what happenO
*: 1he 27 informed us that the price of that shabu which weXre
supposed to buy from them amounts to /((,(((.(( pesos, maXam.
F: Jhere did you come to 8now about this information that the
amount is already /((,(((.(( pesosO
*11I. 1+7?7<*< to the 2"C+1
*lready answered, Iour Donor.
2"C+1:
7n other words what he say is that, there was a telephone
conversation but he has no personal 8nowledge. Iour Auestion then was
what happened.
!+"S52C1"+ to S!"1 %"?M*,5S
F: *fter the 27 informed you that the price of the shabu is /((,(((.((
pesosO
*: Je prepared this boodle money and the /,((( by our 2hief S"<.
2"C+1 to S!"1 %"?M*,5S
F: *fter the informant told you that there was an agreement to sell
/((,(((.(( pesos and that you have already prepared the boodle money
as you have stated, what happened after thatO
*: 1he 27 told us that the transaction is /((,(((.(( pesos and venue is
at /th Street, corner %ilmore *venue, ?ew Manila, FueBon 2ity,
between # oXcloc8 to 0 oXcloc8 in the morning of >uly &#, 1$$., maXam.
F: So when the 27 informed you that they will meet at /th Street,
?ew Manila, FueBon 2ity, what transpired ne@tO
*: "n or about ' oXcloc8 in the morning Jilliam "ng made a call to
our 27 informing him that the sale of the delivery of shabu was reset to
another time. 1'
@@@ @@@ @@@
!+"S52C1"+ to S!"1 %"?M*,5S
F: *nd when you were informed that there was a resetting of this
dealO
2"C+1 to S!"1 %"?M*,5S
F: Dow did you come to 8now that there was a resetting because he
has no participation in the conversation and it was the 27 according to
him and the alleged poseur=buyer.
*: 1he 27 told our 2hief <eputy.
*11I. 1+7?7<*< to the 2"C+1
1hat would be hearsay, Iour Donor, and that would be a double
hearsay.
2"C+1
!ut on record that the counsel manifested that his answer is again
hearsay and that a double hearsay evidence.
!+"S52C1"+ to S!"1 %"?M*,5S
F: *nd what did the 27 doO
*: 1he 27 informed us that the time will be at about & to ' oXcloc8 in
the afternoon of that same day and the place. 1#
7t is abundantly clear that it was the 27 who made the initial contact,
albeit only through the telephone, with the pusher. 1he 27 was li8ewise
the one who closed the deal with appellant "ng as to the Auantity of
shabu to be purchased and its price. De also set the venue and time of
the meeting when the sale would ta8e place. 1he >oint *ffidavit of
*rrest 10 e@ecuted by S!"1 %onBales, !"& 5lmer ?. Sarampote and
!"1 ?oli >ingo %. +ivel fortifies these facts, viB:
@@@ @@@ @@@
1hat after couple of calls made by our 27, suspect J7,,7*M "?%
was finally contacted on or about $:'( in the evening of >uly &', 1$$.
and through a bro8en 1agalog conversation, a drug deal)sale was
initially closed in the agreed amount of si@ hundred thousand pesos
!/((,(((.(() and the agreed venue is at the corner of /th Street and
%ilmore *venue, ?ew Manila, FueBon 2ity between #:(( and 0:((
oXcloc8 in the morning of >uly &#, 1$$. through R6aliwaan or *butanR
2ash upon <elivery)3
1hat said information was relayed to our <eputy 2hief, who upon
learning said report, immediately grouped and briefed the team for the
said operation3
@@@ @@@ @@@
1hat on or about ':(( oXcloc8 in the morning of >uly &#, 1$$.,
J7,,7*M "?% made a call to our 27 informing him 27) to reset the
time of the drug deal)sale of one 1) 8ilogram of SD*-C and it was
scheduled again between &:(( to ':(( oXcloc8 in the afternoon of same
date and same place3
7t is therefore understandable that in his account of his meeting with
appellant Jilliam "ng, S!"1 %onBales made no reference to any further
discussion of the price and the Auantity of the shabu. Jhen they met,
they just proceeded with the e@change of money and shabu, viB:
!+"S52C1"+ to S!"1 %"?M*,5S
F: *nd when you were there stationed at the venue at /th Street, ?ew
Manila, FueBon 2ity, what happenedO
*: 7 and the 27 par8ed our car at /th Street corner %ilmore *venue
and then we saw Jilliam "ng emerged from %ilmore *venue and
approached me and our 27, maXam. 1/
@@@ @@@ @@@
F: *nd when he approached you what did you do if anyO
*: "ur 27 introduced me to Jilliam "ng as an interested buyer of one
8ilo gram of shabu and afterwards 7 as8ed Jilliam "ng in bro8en
tagalog to get inside the car. 14
@@@ @@@ @@@
F: *nd while inside the car, what happened ne@tO
*: Jhile inside the car Jilliam "ng as8ed me about the payment of
the stuff and 7 got the paper bag and slightly opened. So that 7 get the
plastic bag and show to Jilliam "ng the boodle money.
F: Jhen you showed the boodle money to Jilliam "ng what did he
do if there was anyO
*: De loo8ed at it, maXam.
F: *nd when he loo8ed at it what happened ne@tO
*: 7 told him that 7 should loo8 at the stuff before 7 give the money.
F: Jhat stuff are you referring toO
*: 1he shabu, maXam.
F: *nd what did you do after e@pecting the boodle money or the bag
where the boodle money was placed, if there was anyO
*: De e@cused himself and alighted from our car and told me to wait
for his companion.
F: *nd where you able to wait for that male companion he is referring
toO
*: De wal8ed a distance and waved at his companion as if somebody
will come to him.
F: Dow did he do thatO
*: put on record that the witness when answering the Auestion he
stood up and then used his right hand in waving as if he is calling for
somebody)
F: Jhen Jilliam "ng waved his right hand to his companion what
happenedO
*: Jilliam "ng wal8ed towards to me and suddenly a green 1oyota
appeared and par8ed in front of our car.
F: Jhen a green 1oyota corolla was par8ed in front of the car, what
happened ne@tO
*: 2hinese loo8ing male person alighted from the car and he went to
Jilliam "ng and handed to Jilliam "ng something that was gift
wrapped. 1.
@@@ @@@ @@@
F: Jhen that thing was handed to Jilliam "ng which identified in
2ourt and which was mar8ed, what did Jilliam "ng doO
*: Jilliam "ng too8 it from 2hing <e Ming, maXam.
F: Jhen this 5@hibit was given to by Jilliam "ng what did you do
in returnO
*: 7 opened that something which was gift wrapped and 7 saw one
sealed plastic bag containing white crystalline substance suspected to be
a shabu. 1$
@@@ @@@ @@@
F: Jhen you saw this 5@hibit 2=& crystalline substance which was
opened according to you. Jhat did you doO
*: 1he companion of Jilliam "ng demanded to me the money and 7
gave to him the boodle money.
F: Jhen you gave the boodle money to him, what did he do if any
these person who secured the moneyO
*: De too8 the money inside the bag. &(
Since only the 27 had personal 8nowledge of the offer to purchase
shabu, the acceptance of the offer and the consideration for the offer, we
hold that S!"1 %onBales is, in effect, not the Rposeur=buyerR but merely
the delivery man. Dis testimony therefore on material points of the sale
of shabu is hearsay and standing alone cannot be the basis of the
conviction of the appellants. &1
777
Je further hold that the prosecution failed to establish its claim of
entrapment.
* buy=bust operation is a form of entrapment, which in recent years
has been accepted as a valid means of arresting violators of the
<angerous <rugs ,aw. && 7t is commonly employed by police officers
as an effective way of apprehending law offenders in the act of
committing a crime. &' 7n a buy=bust operation, the idea to commit a
crime originates from the offender, without anybody inducing or
prodding him to commit the offense. &# 7ts opposite is instigation or
inducement, wherein the police or its agent lures the accused into
committing the offense in order to prosecute him. &0 7nstigation is
deemed contrary to public policy and considered an absolutory cause. &/
1o determine whether there was a valid entrapment or whether proper
procedures were underta8en in effecting the buy=bust operation, it is
incumbent upon the courts to ma8e sure that the details of the operation
are clearly and adeAuately laid out through relevant, material and
competent evidence. Eor, the courts could not merely rely on but must
apply with studied restraint the presumption of regularity in the
performance of official duty by law enforcement agents. 1his
presumption should not by itself prevail over the presumption of
innocence and the constitutionally protected rights of the individual. &4
7t is the duty of courts to preserve the purity of their own temple from
the prostitution of the criminal law through lawless enforcement. &.
2ourts should not allow themselves to be used as instruments of abuse
and injustice lest innocent persons are made to suffer the unusually
severe penalties for drug offenses. &$
7n !eople v. <oria, '( we stressed the RobjectiveR test in buy=bust
operations. Je ruled that in such operations, the prosecution must
present a complete picture detailing the transaction, which Rmust start
from the initial contact between the poseur=buyer and the pusher, the
offer to purchase, the promise or payment of the consideration until the
consummation of the sale by the delivery of the illegal drug subject of
the sale. '1 Je emphasiBed that the manner by which the initial contact
was made, the offer to purchase the drug, the payment of the Xbuy=bustX
money, and the delivery of the illegal drug must be the subject of strict
scrutiny by courts to insure that law=abiding citiBens are not unlawfully
induced to commit an offense.R '&
7n the case at bar, the prosecution evidence about the buy=bust
operation is incomplete. 1he confidential informant who had sole
8nowledge of how the alleged illegal sale of shabu started and how it
was perfected was not presented as a witness. Dis testimony was given
instead by S!"1 %onBales who had no personal 8nowledge of the same.
"n this score, S!"1 %onBalesX testimony is hearsay and possesses no
probative value unless it can be shown that the same falls within the
e@ception to the hearsay rule. '' 1o impart probative value to these
hearsay statements and convict the appellant solely on this basis would
be to render nugatory his constitutional right to confront the witness
against him, in this case the informant, and to e@amine him for his
truthfulness. '# *s the prosecution failed to prove all the material details
of the buy=bust operation, its claim that there was a valid entrapment of
the appellants must fail.
7;
1he 2ourt is sharply aware of the compelling considerations why
confidential informants are usually not presented by the prosecution.
"ne is the need to hide their identity and preserve their invaluable
service to the police. '0 *nother is the necessity to protect them from
being objects or targets of revenge by the criminals they implicate once
they become 8nown. *ll these considerations, however, have to be
balanced with the right of an accused to a fair trial. D*172c
1he ruling of the C.S. Supreme 2ourt in +oviaro v. C.S. '/ on
informerXs privilege is instructive. 7n said case, the principal issue on
certiorari is whether the Cnited States <istrict 2ourt committed
reversible error when it allowed the %overnment not to disclose the
identity of an undercover employee who had played a material part in
bringing about the possession of certain drugs by the accused, had been
present with the accused at the occurrence of the alleged crime, and
might be a material witness to whether the accused 8nowingly
transported the drugs as charged. '4 1he 2ourt, through Mr. >ustice
-urton, granted certiorari in order to pass upon the propriety of
disclosure of the informerXs identity.
Mr. >ustice -urton e@plained that what is usually referred to as the
informerXs privilege is in reality the %overnmentXs privilege to withhold
from disclosure the identity of persons who furnish information of
violations of law to officers charged with enforcement of that law. '.
1he purpose of the privilege is the furtherance and protection of the
public interest in effective law enforcement. 1he privilege recogniBes the
obligation of citiBens to communicate their 8nowledge of the
commission of crimes to law=enforcement officials and, by preserving
their anonymity, encourages them to perform that obligation.
7t was held that the scope of the privilege is limited by its underlying
purpose. 1hus, where the disclosure of the contents of the
communication will not tend to reveal the identity of an informer, the
contents are not privileged. '$ ,i8ewise, once the identity of the
informer has been disclosed to those who would have cause to resent the
communication, the privilege is no longer applicable. #(
* further limitation on the applicability of the privilege, which arises
from the fundamental reAuirements of fairness was emphasiBed. Jhere
the disclosure of an informerXs identity, or the contents of his
communication, is relevant and helpful to the defense of an accused, or
is essential to a fair determination of a cause, the privilege must give
way. #1 7n these situations, the trial court may reAuire disclosure and
dismiss the action if the %overnment withholds the information. #&
7n sum, there is no fi@ed rule with respect to disclosure of the identity
of an informer. 1he problem has to be resolved on a case to case basis
and calls for balancing the state interest in protecting people from crimes
against the individualXs right to prepare his defense. 1he balance must be
adjusted by giving due weight to the following factors, among others:
1) the crime charged, &) the possible defenses, ') the possible
significance of the informerXs testimony, and #) other relevant factors.
#'
7n the case at bar, the crime charged against the appellants is capital in
character and can result in the imposition of the death penalty. 1hey
have foisted the defense of instigation which is in sharp contrast to the
claim of entrapment by the prosecution. 1he prosecution has to prove all
the material elements of the alleged sale of shabu and the resulting buy=
bust operation. Jhere the testimony of the informer is indispensable, it
should be disclosed. 1he liberty and the life of a person enjoy high
importance in our scale of values. 7t cannot be diminished e@cept by a
value of higher significance.
;
Moreover, the mishandling and transfer of custody of the alleged
confiscated methyl amphetamine hydrochloride or shabu further
shattered the case of the prosecution. 1here is no crime of illegal sale of
regulated drug when there is a nagging doubt on whether the substance
confiscated was the same specimen e@amined and established to be
regulated drug.
*fter the arrest of the appellants, the records show that the substance
allegedly ta8en from them was submitted to the !?! 2rime ,aboratory
for e@amination upon reAuest of the 2hief of the S"< ?arcotics %roup,
FueBon 2ity. ## !olice 7nspector %race M. 5ustaAuio, Eorensic
2hemist, !?! 2rime ,aboratory, testified that the Aualitative
e@amination she conducted manifested Rpositive results for methyl
amphetamine hydrochlorideR with net weight of $.(.0( grams. #0 1his
is not in dispute. 1he issue is whether the substance e@amined was the
same as that allegedly confiscated from appellants.
1he >oint *ffidavit of *rrest #/ merely states that the evidence
confiscated was submitted to the R!?! 2rime ,aboratory %roup for
Aualitative e@amination.R S!"1 %onBales testified on direct e@amination
that:
F: Jhen you arrested them according to you, what other steps did
you ta8e if anyO
*: Je brought them to our office and we reAuested the crime
laboratory 2amp 2rame to test the suspected shabu that we recovered
from both of them. #4
"n cross=e@amination, the defense only got this statement from S!"1
%onBales regarding the evidence allegedly confiscated:
F: *nd you immediately brought him to your office at 2amp
*guinaldoO
*: *fter we gathered the evidences we turned them over to our office,
sir. #.
2learly, there was no reference to the person who submitted it to the
!?! 2rime ,aboratory for e@amination. 7t is the Memorandum=+eAuest
for ,aboratory 5@amination #$ which indicates that a certain S!"#
2astro submitted the specimen for e@amination. Dowever, the rest of the
records of the case failed to show the role of S!"# 2astro in the buy=
bust operation, if any. 7n the >oint *ffidavit of *rrest, the only
participants in the operation were enumerated as S!"1 %onBales as the
poseur=buyer, !olice 7nspector Medel M. !oTe as the team leader with
!"& 5lmer ?. Sarampote and !"1 ?oli >ingo %. +ivel as bac8=up
support. 0( "ther members of the team who acted as perimeter security
were not identified. 7n fact, when S!"1 %onBales was as8ed during the
trial as to their identities, he was only able to name another member of
the team:
F: Jhen you say Rteam,R who compose the teamO
*: 7 and more or less eight .) person, maXam.
F: 2an you name the member of the teamO
*: "ur team led by 7nspector Medel !oTe, 7 myself, !"& 5lmer
Sarampote, !"1 ?oli >ingo %. +ivel, S!"' +onaldo Sayson, and 7 can
not remember the others, maXam. 01
1hese are Auestions which cannot be met with a loc8jaw. Since S!"#
2astro appears not to be a part of the buy=bust team, how and when did
he 0& get hold of the specimen e@amined by !olice 7nspector 5ustaAuioO
Jho entrusted the substance to him and reAuested him to submit it for
e@aminationO Eor how long was he in possession of the evidence before
he turned it over to the !?! 2rime ,aboratoryO Jho else had access to
the specimen from the time it was allegedly ta8en from appellants when
arrestedO 1hese Auestions should be answered satisfactorily to determine
whether the integrity of the evidence was compromised in any way.
"therwise, the prosecution cannot maintain that it was able to prove the
guilt of the appellants beyond reasonable doubt.
;7
Einally, the denials and proffered e@planations of appellants assume
significance in light of the insufficiency of evidence of the prosecution.
*ppellant "ng testified that he was arrested on >uly &', 1$$. when he
was scheduled to meet with a certain "ng Sin for a possible job as
technician in a bihon factory. "n his part, appellant <e Ming claimed
that when he was arrested on >uly &', 1$$., he was in the area waiting
for his girlfriend and her mother who just went inside a townhouse at .th
Street, ?ew Manila, FueBon 2ity. Dis girlfriendXs mother, *velina
2ardoB, confirmed his e@planation. 1he prosecution tells a different
story, the uncorroborated story of S!"1 %onBales that their team
entrapped the appellants in a buy=bust operation on >uly &#, 1$$.. "ur
minds rest uneasy on the lone testimony of S!"1 %onBales.
JD5+5E"+5, the <ecision of the court a Auo is +5;5+S5< and
S51 *S7<5. *ppellants J7,,7*M "?% y ,7 and 2D7?% <5 M7?%
] +"-5+1 17C, are *2FC7115< of the crime of violation of Section
10, *rticle 777, in relation to Section &, *rticle 7 of +.*. ?o. /#&0,
otherwise 8nown as 1he <angerous <rugs *ct of 1$4&, as amended, and
are ordered immediately released from custody unless held for some
other lawful cause.
1he <irector of !risons is <7+5215< to implement this decision
immediately and to inform this 2ourt within five 0) days from receipt
of this decision of the date the appellants are actually released from
confinement. 2osts de oficio.
S" "+<5+5<.
<avide, >r., 2 .> ., !anganiban, Fuisumbing, Sandoval=%utierreB,
2arpio, *ustria=MartineB, 2arpio Morales, 2allejo, Sr., *Bcuna and
1inga, >> ., concur.
;itug and 2orona, >> ., are on official leave.
Inares=Santiago, > ., is on leave.
Iou can even as8 for a copy of the complaint and information there,
although normally the lawyers as8 for it in advance, they do not merely
as8 during the arraignment, before the arraignment may 8opya na sila.
1a8e note of the last sentence:
:1he prosecution may call at the trial witnesses other than
those named in the complaint or information.9
Dave you seen a criminal informationO ?ormally, at the last portion
:Jitnesses for the prosecution: *Auiatan, 1ormon, Salesa, -alite and
others.9 Mayroon man usually iyan :and others9. 1he prosecution will
sometimes not name all. So mayroong reservation.
F: 2an you Auestion that reservation of the fiscalO 7f you are the
accused, can you Auestion that procedureO
*: ?o.
Jhether it is possible for the prosecution not to name everybody was
the issue in the case of
!5"!,5 vs. <5 *S7S
<ecember 4, 1$$'
D5,<: :1here is nothing that could prevent the prosecution
from presenting witnesses in court not listed in the information,
as it is well settled that the court has the undisputed right to call
on a witness whose name does not appear in the list of the
fiscal, unless the omission of said witness is intentional and
tainted with bad faith. 1he established rule is that the
prosecution may call unlisted witnesses to testify.9
:Moreover, the purpose of the listing of the names of the
witnesses in the complaint or information is merely to avoid the
presentation of surprise witnesses and to enable the defense to
e@amine their record, morality and character, but once placed on
the witness stand, it can no longer be disputed that the defense
has already the opportunity to e@amine the character and
credibility of the unlisted witness.9
:Einally, it is beyond Auestion, that it is the prosecutionXs
privilege to present such number of witnesses it deems
sufficient. 1heir non=inclusion in the list of witnesses is of no
moment. 7n fact the omission of their names in the list of
prosecution witnesses in the information is commonly practiced
for their own protection at least until the termination of the
case.9
b) 1he accused must be present at the arraignment and
must personally enter his plea. -oth arraignment and plea
shall be made of record, but failure to do so shall not affect
the validity of the proceedings.
Par. + Presence of &ccused at &rraignment
1. <he accused must%
1. Ae 're&en% a% %)e arrai(nmen%# and
". m&% 'er&onall/ en%er )i& 'lea
2. 7oth arraignment and plea shall e made of record
A% +ailre %o do &o &)all no% aBec% %)e $alidi%/ o+ %)e
'roceedin(&
1. )ight to counsel at arraignment
(amas 0. Aco
#23 S2)& 311
4arch 1:, 266#
'irst Di0ision% 2arpio, 8.
Issue%
Acc&ed 7a& arre&%ed +or %)e+% o+ &e$eral &acI& o+ corn. 0e
7a& arrai(ned 7i%)o% a la7/er in %)e 're&ence o+ %)e 'olice
'ro&ec%or# 'leaded (il%/ and 7a& &en%enced %o 8 mon%)& and 1
da/ o+ im'ri&onmen%. Accordin( %o %)e Ed(e# acc&ed %old )im
%)a% &ince )e 7a& arre&%ed in Hagrante# Ka la7/er 7old no% )a$e
mc) &eL and %)a% )e )ad Kno mone/ %o 'a/ +or a la7/er.L A&Ied
%o eG'lain 7)/ acc&ed 7a& no% a&&i&%ed A/ con&el# %)e Ed(e
rea&oned %)a% %)e a%%endance o+ Ka la7/er 7a& )i& 'roAlem.L
Issue%
S)old %)e Ed(e Ae )eld admini&%ra%i$el/ liaAle +or
i(norance o+ %)e la7J
9eld%
Ye&. Sec. 8 o+ Rle 118 o+ %)e Rle& on Criminal Procedre
mean& %)a% 7)en a de+endan% a''ear& a% %)e arrai(nmen% 7i%)o%
an a%%orne/# %)e cor% )a& , im'or%an% d%ie& %o com'l/ 7i%)M 415
I% m&% in+orm %)e de+endan% %)a% i% i& )i& ri()% %o )a$e 4an5
a%%orne/ Ae+ore Aein( arrai(ned9 4"5 A+%er (i$in( )im &c)
in+orma%ion %)e cor% m&% a&I )im i+ )e de&ire& %)e aid o+
a%%orne/9 4*5 I+ )e de&ire& and i& naAle %o em'lo/ a%%orne/# %)e
cor% m&% a&&i(n 4an5 a%%orne/ de o7cio %o de+end )im9 and 4,5 I+
%)e acc&ed de&ire& %o 'rocre an a%%orne/ o+ )i& o7n %)e cor%
m&% (ran% )im a rea&onaAle %ime %)ere+or.
Com'liance 7i%) %)e&e , d%ie& i& manda%or/. T)e onl/
in&%ance 7)en %)e cor% can arrai(n an acc&ed 7i%)o% %)e
Aene!% o+ con&el i& i+ %)e acc&ed 7ai$e& &c) ri()% and %)e
cor%# !ndin( %)e acc&ed ca'aAle# allo7& )im %o re're&en%
)im&el+ in 'er&on. 0o7e$er# %o Ae a $alid 7ai$er# %)e acc&ed
m&% maIe %)e 7ai$er $oln%aril/# Ino7in(l/# and in%elli(en%l/. In
de%erminin( 7)e%)er %)e acc&ed can maIe a $alid 7ai$er# %)e
cor% m&% %aIe in%o accon% all %)e rele$an% circm&%ance&#
incldin( %)e edca%ional a%%ainmen% o+ %)e acc&ed. In %)e
're&en% ca&e# )o7e$er# %)e Ed(e did no% 'ro'erl/ a''ri&e
acc&ed o+ )i& ri()% %o con&el 'rior %o )i& arrai(nmen%.
F: ?ow, what happens if a case is tried without arraignmentO
*: 1he %5?5+*, +C,5, that is irregular the proceedings are
tainted with irregularity because arraignment is M*?<*1"+I. C.S.
vs. !alisoc, # !hil. &(4). D"J5;5+, there was an instance where the
S2 considered the proceedings as valid where the lawyer of the accused
also did not object the absence of the arraignment. 1his the case of
!5"!,5 vs. 2*-*,5
May ., 1$$(
E*21S: ?ag pre=trial, walang arraignment. -ut the parties
presented evidence. *nd when the case was about to end they
noticed, :1e8a muna, wala pang arraignment ito, ahO " sige, i=
arraignV9 So, in other words, the accused was arraigned when
the trial was about to end, or 7 thin8 already ended.
7SSC5: 7s the trial validO
D5,<: Jhat is the purpose of arraignmentO to inform the
accused of the nature of the charge against him. ?ow, if he does
not 8now, how come he was able to participate in the trialO De
was able to cross=e@amine the witnesses against him, he was
able to present witnesses. So, the defect became a formal defect.
:Je find that while the arraignment of the appellant was
conducted after the cases had been submitted for decision, the
error is non=prejudicial and has been fully cured when counsel
for the appellant entered into trial without objecting that his
client had not yet been arraigned. Said counsel had also the full
opportunity of cross=e@amining the witnesses for the
prosecution. 1here was, therefore, no violation of the appellantXs
constitutional right to be informed of the nature and cause of the
accusation against him.9
*,7S*?%2" vs. 1*-7,7+*?, >+.
&&# S2+* 1
D5,<: 1here is ?" such thing as arraignment in a
!reliminary 7nvestigation. :1here is no law or rule reAuiring an
arraignment during the preliminary investigation. Cnder Section
1, +ule 11/ of the +evised +ules of 2ourt, the arraignment must
be conducted by the court having jurisdiction to try the case on
its merits.9
F: ?ow, is there such a thing as arraignment by pro@yO
*: Jala. 1he accused must be personally present. De must enter his
plea.
c) Jhen the accused refuses to plead or ma8es a
conditional plea, a plea of not guilty shall be entered for him.
1a)
EcF When the accused refuses to plead or maBes a
conditional plea, a plea of not guilt! shall e entered for
him. E1aF
When a Plea of -A< (CIH<> shall e entered for the
&ccused%
1. W)en %)e acc&ed re+&e& %o 'lead# or
". W)en %)e acc&ed maIe& a condi%ional 'lea
1. )efusal to e arraigned
(al0e/ 0. 2&
23: S2)& =13
Actoer 2#, 155#
Second Di0ision% )egalado, 8.
,uestion%
1a/ acc&ed re+&e %o Ae arrai(nedJ
&nswer%
In criminal ca&e&# i% i& %)e d%/ o+ %)e acc&ed %o 'lead
7)e%)er )e i& (il%/ or no% o+ %)e crime c)ar(ed. In %)a% 7a/ onl/
can an i&&e Ae crea%ed 'on 7)ic) %)e %rial &)all 'roceed. Sec.
12c3 o+ Rle 118 o+ %)e Re$i&ed Rle& on Criminal Procedre i&
;i%e eG'lici% %)a% 7)ere %)e acc&ed re+&e& %o 'lead# a 'lea o+
no% (il%/ &)all Ae en%ered +or )im.
Cnder paragraph GcH, a plea of R?ot guiltyR will be entered, or
conditional plea, because a plea must be absolute and unconditional.
7n a case of Domicide, the accused was arraigned.
2"C+1: :6asabot 8aO9
*22CS5<: :Ies.9
2"C+1: :Jhat do you sayO %uilty or ?ot guiltyO9
*22CS5<: :%uilty inunahan man niya a8o ba.9
*ccording to him, he is guilty. -ut actually, it is the deceased who
tried to 8ill him first. 7t is self=defenseV so, it is within the :not guilty9
plea.. 2onditional pleas are not allowed. 7f you do that, we will enter a
plea of not guilty for you.
?ow, paragraph GdH of Section 1 is new:
d) Jhen the accused pleads guilty but presents
e@culpatory evidence, his plea shall be deemed withdrawn
and a plea of not guilty shall be entered for him. n)
EdF When the accused pleads guilt! ut presents
e*culpator! e0idence, his plea shall e deemed withdrawn
and a plea of not guilt! shall e entered for him. EnF
E@ects when &ccused Presents E*culpator! E0idence%
1. 0i& 'lea &)all Ae deemed 7i%)dra7n# and
". A 'lea o+ no% (il%/ &)all Ae en%ered +or )im
Je will understand this more when we read the case of !5"!,5 vs.
M5?<"M* &'1 S2+* &/#). Eor e@ample: Iou enter a plea of guilty.
-ut sabi mo, sometimes this happens eh) :may we be allowed to
present evidence to show mitigating circumstancesO9 *nd then the court
will allow you. Iou will present evidence to prove you are entitled to
this or that mitigating circumstance para magbaba ang penalty.
!aragraphs GeH, GfH, and GgH are new:
e) Jhen the accused is under preventive detention, his
case shall be raffled and its records transmitted to the judge
to whom the case was raffled within three ') days from the
filing of the information or complaint. 1he accused shall be
arraigned within ten 1() days from the date of the raffle. 1he
pre=trial conference of his case shall be held within ten 1()
days after arraignment. n)
f) 1he private offended party shall be reAuired to appear
at the arraignment for purposes of plea bargaining,
determination of civil liability, and other matters reAuiring his
presence. 7n case of failure of the offended party to appear
despite due notice, the court may allow the accused to enter a
plea of guilty to a lesser offense which is necessarily included
in the offense charged with the conformity of the trial
prosecutor alone. cir. 1=.$)
g) Cnless a shorter period is provided by special law or
Supreme 2ourt circular, the arraignment shall be held within
thirty '() days from the date the court acAuires jurisdiction
over the person of the accused. 1he time of the pendency of a
motion to Auash or for a bill or particulars or other causes
justifying suspension of the arraignment shall be e@cluded in
computing the period. sec. &, cir. '.=$.)
EeF When the accused is under pre0enti0e detention,
his case shall e raRed and its records transmitted to the
"udge to whom the case was raRed within three E3F da!s
from the fling of the information or complaint. <he
accused shall e arraigned within ten E16F da!s from the
date of the raRe. <he pre.trial conference of his case shall
e held within ten E16F da!s after arraignment. EnF
When &ccused is Cnder Pre0enti0e Detention
1. 9is case shall e raRed
2. Within 3 da!s from the fling of the information or
complaint%
T)e record& o+ )i& ca&e &)all Ae %ran&mi%%ed %o %)e Ed(e %o
7)om %)e ca&e
7a& raZed
3. Within 16 da!s from the date of the raRe%
0e &)all Ae arrai(ned
#. Within 16 da!s after arraignment%
T)e 'reC%rial con+erence o+ )i& ca&e &)all Ae )eld
EfF <he pri0ate o@ended part! shall e re?uired to
appear at the arraignment for purposes of plea
argaining, determination of ci0il liailit!, and other
matters re?uiring his presence. In case of failure of the
o@ended part! to appear despite due notice, the court
ma! allow the accused to enter a plea of guilt! to a lesser
o@ense which is necessaril! included in the o@ense
charged with the conformit! of the trial prosecutor alone.
Ecir. 1.15F
<he Pri0ate A@ended Part!
1. <he pri0ate o@ended part! shall e re?uired to appear
at the arraignment for purposes of%
1. 'lea Aar(ainin(#
". de%ermina%ion o+ ci$il liaAili%/# and
*. o%)er ma%%er& re;irin( )i& 're&ence
2. E@ect of failure of o@ended part! to appear despite due
notice%
1. %)e cor% ma/ allo7 %)e acc&ed %o en%er a 'lea o+ (il%/
%o a le&&er oBen&e 7)ic) i& nece&&aril/ inclded in %)e
oBen&e c)ar(ed# and
". onl/ %)e con+ormi%/ o+ %)e %rial 'ro&ec%or i& re;ired
,etLs go to paragraph GfH, this is one of the important amendments
here.
1he private offended party is supposed to appear at the arraignment
for purposes of plea bargaining. !lea bargaining is e@plained in +ule
11. and also here in Section &. ?ow, what do you mean by this !lea
-argainingO
Je will connect this right away to Section &:
S52. &. !lea of guilty to a lesser offense *t arraignment,
the accused, with the consent of the offended party and
prosecutor, may be allowed by the trial court to plead guilty
to a lesser offense which is necessarily included in the
offense charged. *fter arraignment but before trial, the
accused may still be allowed to plead guilty to said lesser
offense after withdrawing his plea of not guilty. ?o
amendment of the complaint or information is necessary.
sec. #, circ. '.=$.)
Plea of (uilt! to a Hesser A@ense
1. )e?uisites%
1. Sc) 'lea ma/ Ae made A/ %)e acc&edM
1. drin( arrai(nmen%# or
". a+%er arrai(nmen% A% Ae+ore %rial9
". T)e le&&er oBen&e m&% Ae nece&&aril/ inclded in %)e
oBen&e c)ar(ed9
*. I% m&% Ae made 7i%) %)e con&en% o+M
1. %)e oBended 'ar%/# and
". %)e 'Alic 'ro&ec%or
2. It is not necessar! to amend the complaint or
information when the accused pleads guilt! to a lesser
1. 4eaning of plea argaining
People 0. Dillarama
216 S2)& 2#=
8une 23, 1552
'irst Di0ision% 4edialdea, 8.
,uestion%
W)a% i& a 'lea Aar(ainin(J
&nswer%
Plea Aar(ainin( in criminal ca&e& i& a 'roce&& 7)ereA/ %)e
acc&ed and %)e 'ro&ec%ion 7orI o% a m%all/ &a%i&+ac%or/
di&'o&i%ion o+ %)e ca&e &AEec% %o cor% a''ro$al 2<lacI La7
Dic%ionar/# -
%)
Ed.# 1F=F# '. 1"*=3. I% &all/ in$ol$e& %)e
de+endan%P& 'leadin( (il%/ %o a le&&er oBen&e or %o onl/ one or
&ome o+ %)e con%& o+ a ml%iCcon% indic%men% in re%rn +or a
li()%er &en%ence %)an %)a% +or %)e (ra$er c)ar(e 2iAid3. Ordinaril/#
'leaCAar(ainin( i& made drin( %)e 'reC%rial &%a(e o+ %)e criminal
'roceedin(&. 0o7e$er# %)e la7 &%ill 'ermi%& %)e acc&ed &?cien%
o''or%ni%/ %o c)an(e )i& 'lea %)erea+%er.
2. 2onsent of the prosecutor
People 0. Dillarama
216 S2)& 2#=
8une 23, 1552
'irst Di0ision% 4edialdea, 8.
,uestion%
In K$ic%imle&& crime&L# &c) a& a 'ro&ec%ion +or $iola%ion o+
%)e Dan(ero& Dr(& Ac%# 7)o&e con&en% i& re;ired Ae+ore a 'lea
o+ (il%/ %o a le&&er oBen&e ma/ Ae allo7edJ
&nswer%
A& (ardian o+ %)e ri()%& o+ %)e 'eo'le# %)e (o$ernmen% !le&
%)e criminal ac%ion in %)e name o+ %)e Peo'le o+ %)e P)ili''ine&.
T)e Pro&ec%or 7)o re're&en%& %)e (o$ernmen% i& d%/ Aond %o
de+end %)e 'Alic in%ere&%&# %)rea%ened A/ crime# %o %)e 'oin% %)a%
i% i& a& %)o() )e 7ere %)e 'er&on direc%l/ inEred A/ %)e oBen&e.
Vie7ed in %)i& li()%# %)e con&en% o+ %)e oBended 'ar%/# i.e. %)e
&%a%e# 7ill )a$e %o Ae &ecred +rom %)e Pro&ec%or 7)o ac%& in
Ae)al+ o+ %)e (o$ernmen%.
3. 4eaning of Jlesser o@enseO
&matan 0. &u"ero
2#1 S2)& 311
Septemer 2:, 1553
'irst Di0ision% ;apunan, 8.
Issue%
1a/ a 'er&on c)ar(ed 7i%) )omicide 'lead (il%/ %o
a%%em'%ed )omicide a& a con&e;ence o+ a 'lea Aar(ainin(
a(reemen%J
9eld%
No. Sec. "# Rle 118 o+ %)e 1FD- Rle& o+ Criminal Procedre
allo7& %)e acc&ed in a criminal ca&e %o 'lead (il%/ K%o a le&&er
oBen&e re(ardle&& o+ 7)e%)er or no% i% i& nece&&aril/ inclded in
%)e crime c)ar(ed.L T)e +ac% o+ dea%) o+ %)e $ic%im +or 7)ic) %)e
acc&ed 7a& criminall/ liaAle# canno% A/ &im'le lo(ic and 'lain
common &en&e Ae reconciled 7i%) %)e 'lea o+ (il%/ %o %)e lo7er
oBen&e o+ a%%em'%ed )omicide. T)e crime o+ )omicide a& de!ned
in Ar%. ",F o+ %)e Re$i&ed Penal Code nece&&aril/ 'rodce& dea%)9
a%%em'%ed )omicide doe& no%. Concededl/# )ia%& in %)e la7
eGi&%&# 7)ic) cold ei%)er lead %o a mi&a''re)en&ion o+ Sec. " o+
Rle 118 or %o o%ri()% con+&ion.
#. Plea argaining to lesser penalt!
People 0. 4agat
332 S2)& 31:
4a! 31, 2666
En 7anc% Per 2uriam
'acts%
Acc&ed 7a& c)ar(ed 7i%) " con%& o+ ince&%o& ra'e. U'on
arrai(nmen%# )e 'leaded (il%/ A% Aar(ained +or a le&&er 'enal%/
7)ic) 7a& acce'%ed A/ %)e 'ro&ec%ion. T)e cor% %)& &en%enced
)im %o im'ri&onmen% o+ 1> /ear& +or eac) oBen&e.
Issue%
1a/ acc&ed 'lead (il%/ and a&Ied +or a 'enal%/ lo7er %)an
7)a% i& im'o&ed A/ la7 +or %)e crime %o 7)ic) )e 'leaded (il%/J
9eld%
No. T)e order o+ %)e %rial cor% con$ic%in( %)e acc&ed on )i&
o7n 'lea o+ (il% i& void ab initio on %)e (rond %)a% i% i& no% %)e
'lea Aar(ainin( con%em'la%ed and allo7ed A/ la7 and %)e rle& o+
'rocedre. T)e onl/ in&%ance 7)ere a 'lea Aar(ainin( i& allo7ed
nder %)e Rle& i& 7)en an acc&ed 'lead& (il%/ %o a le&&er
oBen&e nder Sec. "# Rle 118. 0ere# %)e redc%ion o+ %)e 'enal%/
i& onl/ a con&e;ence o+ %)e 'lea o+ (il% %o a le&&er 'enal%/. I%
m&% Ae em')a&i6ed %)a% acc&ed did no% 'lead %o a le&&er
oBen&e A% 'leaded (il%/ %o %)e ra'e c)ar(e& and onl/ Aar(ained
+or a le&&er 'enal%/. In &)or%# )e did no% 'lea Aar(ain A% made
condi%ion& on %)e 'enal%/ %o Ae im'o&ed. T)i& i& erroneo&
Aeca&e A/ 'leadin( (il%/ %o %)e oBen&e c)ar(ed# acc&edC
a''ellan% &)old Ae &en%enced %o %)e 'enal%/ %o 7)ic) )e
'leaded.
3. Plea argaining after prosecution rests
People 0. Dillarama
216 S2)& 2#=
8une 23, 1552
'irst Di0ision% 4edialdea, 8.
,uestion%
1a/ an acc&ed Ae allo7ed %o 'lead (il%/ %o a le&&er
oBen&e a+%er %)e 'ro&ec%ion )a& re&%ed i%& ca&eJ
&nswer%
Ye&. <% %)e rle& allo7 &c) a 'lea onl/ 7)en %)e
'ro&ec%ion doe& no% )a$e &?cien% e$idence %o e&%aAli&) %)e
(il% o+ %)e crime c)ar(ed. A+%er %)e 'ro&ec%ion )ad alread/
re&%ed# %)e onl/ Aa&i& on 7)ic) !&cal and %)e cor% cold ri()%+ll/
ac% in allo7in( %)e acc&ed %o c)an(e )i& +ormer 'lea o+ no% (il%/
%o mrder %o (il%/ %o %)e le&&er crime o+ )omicide cold Ae
no%)in( more no%)in( le&& %)an %)e e$idence alread/ in %)e
record. T)e rea&on +or %)i& Aein( %)a% Sec. "# Rle 118 nder
7)ic) a 'lea +or a le&&er oBen&e i& allo7ed 7a& no% and cold no%
)a$e Aeen in%ended a& a 'rocedre +or com'romi&e# mc) le&&
Aar(ainin(.
=. E@ect of plea on co.accused
People 0. Patrolla, 8r.
23# S2)& #=:
4arch :, 155=
'irst Di0ision% ;apunan, 8.
'acts%
T7o &iAlin(& 7ere c)ar(ed 7i%) mrder. Drin( arrai(nmen%#
one 'leaded (il%/ %o )omicide a& a con&e;ence o+ 'lea
Aar(ainin( and claimed &ole re&'on&iAili%/ +or %)e crime and %)ere
7a& no con&'irac/ Ae%7een )im and )i& Aro%)er. T)e o%)er c)o&e
%o (o on %rial.
Issue%
Con&iderin( %)e admi&&ion o+ one acc&ed %)a% )e alone
commi%%ed %)e crime# &)old %)e o%)er one Ae ac;i%%edJ
9eld%
No. T)e 'lea o+ (il%/ %o )omicide did no% carr/ 7i%) i% an
admi&&ion o+ &ole a%)or&)i' o+ %)e crime# &o a& %o eGonera%e %)e
o%)er +rom criminal liaAili%/. To ')old %)e ar(men% 7old lea$e
a% %)e )and& o+ %)e one acc&ed# 7)o elec%& %o 'lead (il%/# %)e
a%oma%ic eGem'%ion o+ )i& coCacc&ed +rom all criminal
re&'on&iAili%/. T)i& canno% Ae allo7ed. 0ere# %)e 'ro&ec%ion
clearl/ e&%aAli&)ed %)a% acc&ed and )i& Aro%)er con&'ired %o
commi% %)e crime. Eac) Aro%)er 'er+ormed &'eci!c ac%& 7i%) &c)
clo&ene&& and coordina%ion a& %o indica%e Ae/ond doA% a
common 'r'o&e or de&i(n. <o%) 7ere %)& 'rinci'al& in
commi%%in( %)e crime c)ar(ed.
*ccording to the law if the prosecutor agrees and the offended party
or the family of the deceased agrees, puwede. -oth of them must give
their consent.
So from +obbery, mahulog sa theft. Fualified theft, maging simple
theft. *t least mababa di baO "r, from attempted homicide to physical
injuries na lang. Meaning, tawaran baV 1hat is allowed under the law
provided the condition is, with the consent of the offended party and the
prosecutor.
1hat is why during the arraignment, according to the previous section
paragraph GfH, the private offended party shall be reAuired to appear for
purpose of plea=bargaining.
F: ?ow suppose the offended party will not appear during the
arraignmentO
*: *ccording to paragraph GfH, :in case of failure of the private
offended party to appear despite due notice, the court may allow the
accused to enter a plea of guilty to a lesser offense which is necessarily
included in the offense charged with the conformity of the trial
prosecutor alone9. So, the consent of the prosecutor would be enough.
Sabi ngayon ng private offended party, :-ut 7 did not give my
consent.9 *ba, 8asalanan mo yanV Iou should have appeared during the
arraignment. Jala 8a man, so there is a valid plea=bargaining.
?ow, 7 noticed that the &((( +ules went bac8 to the original provision
of the 1$/# +ules. Cnder the 1$/# rules, you are allowed to plead guilty
to a lesser offense provided the lesser offense is necessarily included in
the offenses charged. Murder to homicide3 1heft is part of +obbery3
Fualified theft, simple theft3 from serious to less serious physical
injuries3 that is the condition the lesser offense will be included in the
offense charged.
-ut when the +ules were amended in 1$.0, naiba it became a very
controversial provision because the 1$.0 +ules said that, :Iou are
allowed to plead guilty to a lesser offense, even if not included in the
offense charged9. 1hatLs why it created a lot of problems. Dalimbawa, 7
am accusing you of serious physical injuries, you will plead guilty to
slander, there is no connection. -ut the language of the 1$.0 +ules as
written, puwede.
?ow, the S2 went bac8 to the original provision :which is necessarily
included in the offense charged.9
*fter arraignment but before trial, the accused may still allowed to
plead guilty to said lesser offense after withdrawing his plea of not
guilty. *fter you are arraigned you can still change your mind for as
along as the prosecution has not yet commenced the presentation of
evidence. *nd there is no need of amending the complaint or
information, automatic na yan, less paperwor8s for the prosecutor.
?ow, letLs loo8 at some interesting cases decided by the Supreme
2ourt. 1hese cases were decided before the amendment but we can see
the philosophy is still there.
*M*1*? vs. >C<%5 *C>5+"
G*dm. Matter ?o. +1>=$'=$0/H September &4, 1$$0
E*21S: 1he accused was charged with homicide. So
obviously, he 8illed somebody. <uring the plea bargaining, sabi
ng accused, :Je would li8e to plead guilty to the lesser offense
of attempted homicide & degrees lower).9 1he prosecutor and
the widow agreed. So the court rendered a decision on
attempted. ?agalit ang pamilya ng namatay ang brother,
:anong 8lase itoOV9 1he brother of the deceased brought a letter
to 2hief >ustice ?arvasa at that time, Auestioning the judge,
:!wede ba yanO9
"f course, according to >udge *ujero, :1e8a muna, under the
new +ules citing the 1$.0 +ules) you can plead guilty to a
lesser offense whether or not included in the offense charged,
and even you, you have to consider that attempted homicide is
related to homicide 8aya lang two degrees lower. 1he law is
very clear.9
*no sabi ng Supreme 2ourtO 1he Supreme 2ourt gave a
lecture.
D5,<: 1he fact of death of the victim cannot by simple logic
and plain common sense be reconciled with the plea of guilty to
the lower offense of attempted homicide. imagine, namatay,
ngayon buhay naO how can you reconcile these twoO) 1he crime
of homicide as defined in *rticle &#$ of the +evised !enal 2ode
necessarily produces death3 attempted homicide does not.
Dowever, the law is not entirely bereft of solutions in such
cases. 7n instances where a literal application of a provision of
law would lead to injustice or to a result so directly in
opposition with the dictates of logic and everyday common
sense as to be unconscionable, the 2ivil 2ode, particularly
*rticle 1(, admonishes judges to ta8e principles of right and
justice at heart. Meaning, when a judge decides, do not loo8
only at the letter of the law, you loo8 at the logic of your
decision, the sense of right and justice.) 7n case of doubt the
intent is to promote right and justice. Eiat justicia ruat coelum.
Stated differently, when a provision of law is silent or
ambiguous, judges ought to invo8e a solution responsive to the
vehement urge of conscience.
1hese are fundamental tenets of law. 7n the case at bench, the
fact of the victimXs death, a clear negation of frustrated or
attempted homicide, ought to have alerted the judge not only to
a possibly inconsistent result but to an injustice. 7n other words,
the charge is he died, 7 will convict him for attempted homicide
which assumes he did not die, how can you reconcileO <apat
pag=isipan mo yan, loo8 at the effects of your decision.) 1he
failure to recogniBe such principles so cardinal to our body of
laws amounts to ignorance of the law and reflects respondent
judgeXs lac8 of prudence, if not competence, in the performance
of his duties. Jhile it is true, as respondent judge contends, that
he merely applied the rule to the letter, the palpably incongruous
result ought to have been a :red flag9 alerting him of the
possibility of injustice. 1he death of an identified individual, the
gravamen of the charge against the defendant in the criminal
case, cannot and should not be ignored in favor of a more
e@pedient plea of either attempted or frustrated homicide. Je
have held before that if the law is so elementary, not to 8now it
or to act as if one does not 8now it, constitutes gross ignorance
of the law. Jhere the law is so basic and you do not 8now it or
pretend not to 8now it, that is gross ignorance of the law.)
Jhat happens now to >udge *ujeroO Sinabon siya ng S2,
:Einally, every judge must be the embodiment of competence,
integrity and independence. * judge should not only be aware of
the bare outlines of the law but also its nuances and
ramifications, otherwise, he would not be able to come up with
decisions which are intrinsically fair.9 Jala namang malice. <i
naman sinadya or bad faith that he was paid to do it, so the S2
said,) :?onetheless, the case at bench stands uniAue because of
the potently absurd result of respondentXs application of the
law.9
7 thin8 he was just censured or fined a minimal amount. <i naman
sinadya, 8aya lang pangit ba. 7yan ang sinasabi 8o, how do you get
Auality judgesO 1hat is the big problem yung malawa8 ang pag=iisip.
IaanV
!5"!,5 vs. ;7,,*+*M*, >+.
&1( S2+* &&/
E*21S: 1he accused is charged with, letLs say, murder. 1hen
the case was tried and the prosecution rested. *fterwards, the
accused argued, :Iou have not proved any Aualifying
circumstance, so 7 will not present any evidence anymore. 7 will
just plead to a lesser offense of Domicide.9
7SSC5: 2an plea bargaining still be entertained at that stageO
-ecause normally plea=bargaining is done before the trial. 7s
that allowedO
D5,<: I5S. 1here is nothing wrong with that, provided the
prosecution does not have sufficient evidence to establish the
guilt of the accused for the crime charged. 1he only basis for
allowing a plea of guilty to a lesser offense is nothing more and
nothing less than the evidence already in the record. 1here is
nothing wrong with that procedure.
1a8e note also that under Section 1 GfH, the private offended party
should be reAuired to appear in the arraignment precisely because of a
possible plea of guilty to a lesser offense which reAuires his consent.
1hat is why under the new rule in Section 1 GfH, if he does not appear, the
plea=bargaining can proceed and only the consent of the prosecutor is
necessary. 1he consent of the offended party is no longer reAuired
according to the present rules on criminal procedure, i.e. if he does not
appear.
F: Jhat happens if an accused enters a plea of guiltyO
*: 1he %5?5+*, +C,5 is that there would be no trial anymore. ?o
more presentation of evidence because the accused has already admitted
the crime.
F: Jhat is the implication of a plea of guiltyO
*: 1hat the accused is admitting the essential elements of the crime as
charged in the information, and according to the S2, including the
aggravating circumstances. 5specially now, under the new +ules where
the prosecution is mandated to allege also the aggravating
circumstances. So, as a general rule, judgment of conviction can proceed
immediately.
D"J5;5+, according to the S2, even if there is a plea guilty,
certain facts alleged in the information are not deemed admitted. Jhat
are those facts that are deemed not admittedO 1hese are:
1.)Eacts not alleged in the complaint or information3
&.)Mere conclusions of facts3
'.)1he jurisdiction of the court. So even if 7 plead guilty, 7 can still
Auestion later the jurisdiction of the court3
#.)1he sufficiency of the complaint or information is not
considered even if there has been a plea of guilty.
F: So what happens if 7 plead guilty and it turns out there is no
crimeO
*: 1here can be no conviction because the sufficiency of the
complaint or information is not admitted by a plea of guilty.
"n the other hand, when the accused pleads not guilty, then the issues
are joined and the case is ready for trial. 1hat is the counterpart of an
answer in civil procedure because there is no *nswer in criminal cases.
Iour plea is your answer.
*s already emphasiBed in some cases, when you enter a plea of not
guilty, you are considered to have waived any previous defect, li8e lac8
of preliminary investigation or validity of arrest. 1hose things are
deemed cured by entering a plea of not guilty.
EgF Cnless a shorter period is pro0ided ! special law or
Supreme 2ourt circular, the arraignment shall e held
within thirt! E36F da!s from the date the court ac?uires
"urisdiction o0er the person of the accused. <he time of
the pendenc! of a motion to ?uash or for a ill of
particulars or other causes "ustif!ing suspension of the
arraignment shall e e*cluded in computing the period.
Esec. 2, cir. 31.51F
<ime of &rraignment
1. When arraignment shall e held%
1. (eneral )ule + Wi%)in *> da/& +rom %)e da%e %)e cor%
ac;ire&
Eri&dic%ion o$er %)e 'er&on o+ %)e acc&ed
2. E*ception + Unle&& a &)or%er 'eriod i& 'ro$ided A/M
1. S'ecial la7# or
". S'reme Cor% circlar
2. <he following shall e e*cluded in computing the 36 da!
period%
1. %)e %ime o+ %)e 'endenc/M
1. o+ a mo%ion %o ;a&)# or
". +or a Aill o+ 'ar%iclar&9 or
". o%)er ca&e& E&%i+/in( &&'en&ion o+ %)e arrai(nmen%
1. <ime of arraignment
People 0. 2aale
113 S2)& 1#6
4a! 1, 1556
Second Di0ision% Padilla, 8.
'acts%
Acc&ed 7a& %ried 7i%)o% !r&% Aein( arrai(ned. T)i&
o$er&i()%# )o7e$er# 7a& di&co$ered a+%er %)e ca&e 7a& &Ami%%ed
+or deci&ion &o %)a% acc&ed 7a& arrai(ned Ae+ore Ed(men%.
La%er# )e 7a& con$ic%ed.
Issue%
I& %)e arrai(nmen% $alidJ
9eld%
Ye&. W)ile %)e arrai(nmen% o+ acc&ed 7a& condc%ed a+%er
%)e ca&e& )ad Aeen &Ami%%ed +or deci&ion# %)e error i& nonC
'reEdicial and )a& Aeen +ll/ cred. T)e in%ere&%& o+ %)e acc&ed
)a& no% &Bered %)ereA/. Con&el +or %)e acc&ed en%ered in%o
%rial 7i%)o% oAEec%in( %)a% )i& clien% )ad no% /e% Aeen arrai(ned.
Said con&el )ad al&o %)e +ll o''or%ni%/ o+ cro&&CeGaminin( %)e
7i%ne&&e& +or %)e 'ro&ec%ion. T)en# 7)en %)e ca&e& 7ere Aein(
re%ried a+%er %)e acc&ed )ad Aeen arrai(ned# )i& con&el !led a
Eoin% mani+e&%a%ion 7i%) %)e 'ro&ec%ion# ado'%in( all 'roceedin(&
)ad 're$io& %o %)e arrai(nmen%. T)ere 7a&# %)ere+ore# no
$iola%ion o+ )i& con&%i%%ional ri()% %o Ae in+ormed o+ %)e na%re
and ca&e o+ %)e acc&a%ion a(ain&% )im.
2. Indefnite suspension of arraignment
Solar <eam 0. 9ow
331 S2)& 311
&ugust 22, 2666
<hird Di0ision% (on/aga.)e!es, 8.
Issue%
1a/ %)e %rial cor% inde!ni%el/ &&'end %)e arrai(nmen% o+
%)e acc&ed n%il %)e 'e%i%ion +or re$ie7 7i%) %)e Secre%ar/ o+
.&%ice 2SO.3 )a& Aeen re&ol$edJ
9eld%
Ye&. Prdence and 7i&dom dic%a%e %)a% %)e cor% &)old )old
in aAe/ance %)e 'roceedin(& 7)ile %)e SO. re&ol$e& %)e 'e%i%ion
+or re$ie7 ;e&%ionin( %)e re&ol%ion o+ %)e 'ro&ec%or. T)e dela/
in &c) a ca&e i& E&%i!ed Aeca&e %)e de%ermina%ion o+ 7)e%)er
%)e dela/ i& nrea&onaAle# %)& amon%in( %o a %ran&(re&&ion o+
%)e ri()% %o a &'eed/ %rial# canno% Ae &im'l/ redced %o a
ma%)ema%ical 'roce&&.
T)e im'or%ance o+ %)e re$ie7 a%)ori%/ o+ %)e SO. canno% Ae
o$erem')a&i6edM i% i& Aa&ed on %)e doc%rine o+ eG)a&%ion o+
admini&%ra%i$e remedie& %)a% )old& %)a% Kmi&%aIe&# aA&e& or
ne(li(ence commi%%ed in %)e ini%ial &%e'& o+ an admini&%ra%i$e
ac%i$i%/ or A/ an admini&%ra%i$e a(enc/ &)old Ae correc%ed A/
)i()er admini&%ra%i$e a%)ori%ie&# and no% direc%l/ A/ cor%&.L An
immedia%e arrai(nmen% 7old )a$e %)en 'ro&criAed )er ri()% a&
acc&ed %o a''eal %)e re&ol%ion o+ %)e 'ro&ec%or %o %)e SO..
?ow, going bac8 to the %5?5+*, +C,5, when a person pleads guilty,
no more trial, he can be convicted, 5P25!1 when he is charged with a
capital offense. ,etLs read Section ':
S52. '. !lea of guilty to capital offense3 reception of
evidence. Jhen the accused pleads guilty to a capital
offense, the court shall conduct a searching inAuiry into the
voluntariness and full comprehension of the conseAuences of
his plea and shall reAuire the prosecution to prove his guilt
and the precise degree of culpability. 1he accused may
present evidence in his behalf. 'a)
Plea of (uilt! to 2apital A@enseM E@ects
1. <he court shall%
1. Condc% a &earc)in( in;ir/ in%o %)e $oln%arine&& and +ll
com're)en&ion o+ %)e con&e;ence& o+ )i& 'lea# and
". Re;ire %)e 'ro&ec%ion %o 'ro$e )i& (il% and %)e 'reci&e
de(ree o+
cl'aAili%/
2. <he accused ma! present e0idence in his ehalf
1. Duties of court
People 0. Clit
#23 S2)& 3:#
'eruar! 11, 266#
En 7anc% 2alle"o, Sr., 8.
,uestion%
W)en %)e acc&ed 'lead& (il%/ %o a ca'i%al oBen&e# 7)a%
are %)e d%ie& o+ %)e %rial cor% nder Sec. *# Rle 118# o+ %)e
Re$i&ed Rle& on Criminal ProcedreJ
&nswer%
T)e %rial cor% )a& %)e +ollo7in( d%ie&M
1. Condc% a &earc)in( in;ir/ in%o %)e $oln%arine&& and +ll
com're)en&ion 4A/ %)e acc&ed5 o+ %)e con&e;ence& o+ )i& 'lea9
". Re;ire %)e 'ro&ec%ion %o 're&en% e$idence %o 'ro$e %)e
(il% o+ %)e acc&ed and 'reci&e de(ree o+ )i& cl'aAili%/9 and
*. A&I %)e acc&ed i+ )e de&ire& %o 're&en% e$idence in )i&
Ae)al+ and allo7 )im %o do &o i+ )e de&ire&.
T)e raison d;etre +or %)e rle i& %)a% %)e cor%& m&% 'roceed
7i%) eG%reme care 7)ere %)e im'o&aAle 'enal%/ i& dea%)#
con&iderin( %)a% %)e eGec%ion o+ &c) &en%ence i& irre$ocaAle.
EG'erience )a& &)o7n %)a% e$en innocen% 'er&on& )a$e a% %ime&
'leaded (il%/. Im'ro$iden% 'lea& o+ (il%/ %o a ca'i%al oBen&e on
%)e 'ar% o+ %)e acc&ed m&% Ae a$er%ed &ince A/ admi%%in( )i&
(il% Ae+ore %)e %rial cor%# %)e acc&ed 7old +or+ei% )i& li+e and
liAer%/ 7i%)o% )a$in( +ll/ nder&%ood %)e meanin(# &i(ni!cance
and %)e dire con&e;ence& o+ )i& 'lea.
2. 2ontent of searching in?uir!
People 0. <onca!ao
#33 S2)& 313
8ul! :, 266#
En 7anc% &ustria.4artine/, 8.
'acts%
Acc&ed 7a& c)ar(ed 7i%) " con%& o+ ra'e. A+%er )e
mani+e&%ed %)a% )e 7a& 'leadin( (il%/# %)e cor% &im'l/ a&Ied
)im 7)e%)er )e Ine7 %)a% %)e 'o&&iAle 'enal%/ +or Ao%) crime& i&
dea%). W)en )e an&7ered a?rma%i$el/# %)e cor% direc%ed %)e
'ro&ec%ion %o addce e$idence. T)erea+%er# %)e cor% &en%enced
acc&ed %o dea%).
Issue%
Wa& %)ere &?cien% com'liance 7i%) Sec. *# Rle 118 o+ %)e
Re$i&ed Rle& on Criminal ProcedreJ
9eld%
No. A mere 7arnin( %)a% %)e acc&ed +ace& %)e &'reme
'enal%/ o+ dea%) i& in&?cien%. Sc) 'rocedre +all& &)or% o+ %)e
eGac%in( (ideline& in %)e condc% o+ a K&earc)in( in;ir/L# a&
+ollo7&M
1. A&cer%ain +rom %)e acc&ed )im&el+ 2a3 )o7 )e 7a&
Aro()% in%o %)e c&%od/ o+ %)e la79 2A3 7)e%)er )e )ad %)e
a&&i&%ance o+ a com'e%en% con&el drin( %)e c&%odial and
'reliminar/ in$e&%i(a%ion&9 and 2c3 nder 7)a% condi%ion& )e 7a&
de%ained and in%erro(a%ed drin( %)e in$e&%i(a%ion&
". A&I %)e de+en&e con&el a &erie& o+ ;e&%ion& a& %o
7)e%)er )e )ad con+erred 7i%)# and com'le%el/ eG'lained %o# %)e
acc&ed %)e meanin( and con&e;ence& o+ a 'lea o+ (il%/.
*. Elici% in+orma%ion aAo% %)e 'er&onali%/ 'ro!le o+ %)e
acc&ed# &c) a& )i& a(e# &ocioCeconomic &%a%&# and edca%ional
AacI(rond# 7)ic) ma/ &er$e a& a %r&%7or%)/ indeG o+ )i&
ca'aci%/ %o (i$e a +ree and in+ormed 'lea o+ (il%/.
,. In+orm %)e acc&ed o+ %)e eGac% len(%) o+ im'ri&onmen%
or na%re o+ %)e 'enal%/ nder %)e la7 and %)e cer%ain%/ %)a% )e
7ill &er$e &c) &en%ence.
-. In;ire i+ %)e acc&ed Ino7& %)e crime 7i%) 7)ic) )e i&
c)ar(ed and %o +ll/ eG'lain %o )im %)e elemen%& o+ %)e crime
7)ic) i& %)e Aa&i& o+ )i& indic%men%.
8. All ;e&%ion& 'o&ed %o %)e acc&ed &)old Ae in a
lan(a(e Ino7n and nder&%ood A/ %)e la%%er.
=. T)e %rial Ed(e m&% &a%i&+/ )im&el+ %)a% %)e acc&ed# in
'leadin( (il%/# i& %rl/ (il%/. T)e acc&ed m&% Ae re;ired %o
narra%e %)e %ra(ed/ or
ReCenac% %)e crime or +rni&) i%& mi&&in( de%ail&.
3. Presentation of e0idence after plea
People 0. 7esonia
#22 S2)& 216
'eruar! 3, 266#
En 7anc% Da0ide, 8r., 2.8.
'acts%
A+%er acc&ed 'leaded (il%/ %o " con%& o+ mrder# %)e
Ed(e condc%ed a &earc)in( in;ir/ and %)en ordered %)e
'ro&ec%ion %o 're&en% e$idence. T)e 'ro&ec%ion 're&en%ed %)e
doc%or& 7)o eGamined %)e $ic%im&# %)e 'olice o?cer& 7)o
arre&%ed acc&ed and 'er&onnel +rom %)e Firearm& and EG'lo&i$e&
Uni% 2FEU3 %o 'ro$e %)a% acc&ed )ad no licen&e %o 'o&&e&& a
!rearm. 0o7e$er# i% did no% 're&en% an/ e/eC7i%ne&& %o %)e crime.
T)e %rial cor% &en%enced %)e acc&ed %o dea%).
Issue%
I& %)e con$ic%ion 'ro'erJ
9eld%
No. T)e %rial cor% did no% com'l/ 7i%) %)e &econd re;i&i%e
in Sec. * o+ Rle 118 o+ %)e Re$i&ed Rle& o+ Criminal Procedre#
7)ic) i& %o order %)e 'ro&ec%ion %o 'ro$e %)e (il% o+ %)e acc&ed
and %)e 'reci&e de(ree o+ )i& cl'aAili%/. I% onl/ re;ired %)e
'ro&ec%ion %o 're&en% e$idence K%o 'ro$e %)e (il% or de(ree o+
cl'aAili%/ o+ %)e acc&ed +or %)e &e o+ an nlicen&ed !rearm.L
A'ar% +rom %)e admi&&ion& o+ acc&ed drin( %)e &earc)in(
in;ir/# %)e onl/ e$idence men%ioned A/ %)e %rial cor% 7ere %)e
%e&%imonie& re(ardin( %)e &e o+ an nlicen&ed !rearm.
A''aren%l/# %)e %rial cor% and %)e 'ro&ec%ion ndl/ relied on
%)e 'lea o+ (il%/ o+ acc&ed and )i& admi&&ion& made drin( %)e
&earc)in( in;ir/. T)e 'ro&ec%ion did no% di&c)ar(e i%& oAli(a%ion
a& &erio&l/ a& i% 7old )a$e )ad %)ere Aeen no 'lea o+ (il% on
%)e 'ar% o+ acc&ed.
#. E@ect on aggra0ating circumstance
People 0. Hatupan
3=6 S2)& =6
8une 21, 2661
'irst Di0ision% Pardo, 8.
Issue%
W)en an acc&ed 'lead& (il%/ %o mrder# doe& i% mean %)a%
)e admi%& %)e a((ra$a%in( circm&%ance o+ e$iden%
'remedi%a%ionJ
9eld%
No. I% i& incorrec% %o a&&me %)a% %)e a((ra$a%in(
circm&%ance o+ e$iden% 'remedi%a%ion i& inclded in a 'lea o+
(il%/. @ali+/in( and a((ra$a%in( circm&%ance&# 7)ic) are %aIen
in%o con&idera%ion +or %)e 'r'o&e o+ increa&in( %)e de(ree o+
'enal%/ %o Ae im'o&ed# m&% Ae 'ro$en 7i%) e;al cer%ain%/ a&
%)e commi&&ion o+ %)e ac% c)ar(ed a& criminal oBen&e.
F: So when a person pleads guilty to a capital offense, can the court
sentence him to death based on his plea of guiltyO
*: ?". 1he correct procedure is:
1.)1he court shall conduct a searching inAuiry into the
voluntariness and full conseAuences of his plea. 1he court must
determine whether he really understood it and its effects3
&.)5ven if the accused pleads guilty, the court will still reAuire the
prosecution to prove the guilt of the accused. 1hus, the plea of
guilty is not accepted anymore in capital offense. 1hat is only
corroborative because the prosecution is still reAuired to present
evidence3
'.)1he accused may still present evidence in his behalf.
:1D5 2"C+1 SD*,, 2"?<C21 * S5*+2D7?% 7?FC7+I
7?1" 1D5 ;",C?1*+7?5SS *?< EC,, 2"M!+5D5?S7"? "E
1D5 2"?S5FC5?25 "E D7S !,5*9
5? -*?2
G%.+. ?o. 1#4$/0. >uly 4, &((#.H
!5"!,5 "E 1D5 !D7,7!!7?5S, appellee, vs. +5I *!*1*I y
-*,", appellant.
< 5 2 7 S 7 " ?
!5+ 2C+7*M p:
Eor automatic review is the <ecision 1 dated March 0, &((1 of the
+egional 1rial 2ourt, -ranch &, 1agbilaran 2ity, in 2riminal 2ase ?o.
1(..0 convicting +ey *patay y -alo, appellant, of rape with homicide
and sentencing him to suffer the supreme penalty of death. De was also
ordered to indemnify the heirs of the victim, 2atalina -aluran, the sum
of !1((,(((.((.
1he 7nformation filed against appellant reads:
R1he undersigned *ssistant !rovincial !rosecutor hereby accuses +ey
*patay y -alo of Cpper !oblacion 7, Si8atuna, -ohol of the crime of
+ape with Domicide, committed as follows:
R1hat on or about the &(th day of "ctober &((( in the municipality of
Si8atuna, province of -ohol, !hilippines and within the jurisdiction of
this Donorable 2ourt, the above=named accused, with lewd design and
with force, threat and intimidation, to wit: by entering the house where
the victim 2atalina -aluran was alone, and once inside put out the light
thereof, then dragged the victim to a room and did then and there
willfully, unlawfully and feloniously had carnal 8nowledge by inserting
his penis into the victimLs vagina without her consent and against her
will, and thereafter, because the victim was able to identify him, did then
and there willfully, unlawfully and feloniously attac8ed, assaulted,
cho8ed her nec8 and then struc8 the head and face with a firewood,
thereby inflicting upon the vital parts of the victimLs body mortal
wounds or injuries which resulted directly to the immediate death of the
said 2atalina -aluran, to the damage and prejudice of the heirs of the
victim. <572Dc
R*cts committed contrary to the provisions of *rt. &//=* K &//=- of
the +evised !enal 2ode, as amended by +.*. 4/0$.R &
<uring his arraignment, appellant was assisted by *tty. *driano !.
<amalerio of the !ublic *ttorneyXs "ffice !*"). *fter the 7nformation
was read and translated to him in his own ;isayan dialect, he entered a
plea of guilty to the offense charged.
7mmediately, in conformity with the procedural rules, the trial judge
as8ed appellant searching Auestions to determine whether his plea of
guilty is voluntary and whether he understands its conseAuences. 7n
answer to the Auestions propounded by the trial judge, appellant declared
that his plea is voluntary and that he fully comprehends its
conseAuences.
1he trial judge then directed the prosecution to present evidence to
prove appellantXs guilt and the degree of his culpability. 7D<2c1
Erancisca -uchan, "delion Manco and <r. Erancisco <. ;illaflor
testified for the prosecution. 1heir testimonies show that in the early
evening of "ctober &(, &(((, 44=year old 2atalina -aluran was alone in
her house at Sitio Cpper !oblacion 7, Si8atuna, -ohol. Der niece,
2aridad -aluran living with her, was rushed to the hospital by their
neighbors, Erancisca -uchan and "delion Manco, due to an asthma
attac8. -efore they left, they saw appellant +ey *patay, their neighbor,
standing near the door. '
1he following morning, Erancisca and "delion learned from their
neighbors that 2atalina could not be found in her house. *larmed,
Erancisca, together with some neighbors, went to 2atalinaXs house. "nce
inside, they saw drops of blood and a piece of firewood on the floor.
7mmediately, they loo8ed for her. *ppellant helped in the search. #
"n "ctober &&, &(((, the lifeless body of 2atalina was found inside
the hole of an abandoned toilet. 1hat same day, <r. Erancisco +omulo <.
;illaflor, Medical Dealth "fficer of Si8atuna, -ohol, conducted a post=
mortem e@amination on her cadaver and issued a !ost Mortem +eport 0
showing the following injuries she sustained:
Rmacerated ,) ma@illary area
5@tending to Bygoma
,) lateral priodital area.
^) hematoma)ecclymotes
+) ma@illo=Bygomatic area
^) hematoma area ecchymotes
,) supraclavicular area
^) 5cchymoses ant. nec8
^) hamatoma +) supraclavicular area 517<aD
^) hematoma oterral area
^) ,eft first degree burn with
sollae / cm ru greatest diameter
^) hematoma ,) inAuinal area
^) hematoma +) inAuinal area
e@tending to +) *S7S
hymenal laceration at / degrees,
at $ and 1& oXcloc8 positions
multiple laceration and fracture largest
laceration measuring # cm.
2*CS5 "E <5*1D: massive hemorrhage due to multiple s8ull
fracture.R /
<r. ;illaflor testified, confirming the above +eport. De stressed that
2atalina had vaginal lacerations at R/, $, and 1& oXcloc8 positions,R
indicating that she was a victim of a forcible se@ual assault3 and that she
died due to Rmassive hemorrhage secondary to multiple s8ull fracture.R
1a25D*
"n "ctober &#, &(((, appellant, overwhelmed by his conscience,
surrendered to the Si8atuna !olice Station. <uring the investigation
conducted by S!"# *lfredo %. ,uengas, appellant, assisted by his
counsel, *tty. *driano !. <amalerio of the !*", e@ecuted a sworn
statement 4 in the ;isayan dialect, which was translated into 5nglish,
wherein he ac8nowledged being advised by his counsel of his
constitutional rights and voluntarily confessed that he raped and 8illed
his neighbor, 2atalina -aluran, in the evening of "ctober &(, &(((. De
stated therein that he 8illed 2atalina because she recogniBed him as the
culprit. De then cho8ed her, struc8 her with a piece of firewood and
thereafter threw her body into the hole of an abandoned toilet.
<uring the hearing, the trial judge as8ed appellant searching
Auestions and he confirmed the details of his e@tra=judicial confession.
2*a5<D
1he defense then opted not to present any evidence in view of
appellantXs plea of guilty. .
"n March 0, &((1, the trial court rendered a <ecision, the dispositive
portion of which states:
RJD5+5E"+5, in 2riminal 2ase ?o. 1(..0, the 2ourt finds
accused +ey *patay guilty beyond reasonable doubt of the crime of
+ape with Domicide defined under *rticle &//=* and penaliBed under
*rticle &//=- of the +evised !enal 2ode, and hereby sentences the said
accused to suffer the supreme penalty of death, with the accessory
penalties of the law, to indemnify the heirs of 2atalina -aluran the sum
of !1((,(((.(( and to pay the costs.
RS" "+<5+5<.R
7n assailing the <ecision, appellant contends that a) Rthe trial court
failed to conduct a searching inAuiry into the voluntariness and full
comprehension by him of the conseAuences of his plea3R and b) Rthe
trial court failed to as8 him whether he desires to present evidence in his
behalf and allow him to do so if he desires.R $
1he Solicitor %eneral, in his *ppelleeXs -rief, 1( vehemently disputes
appellantXs contentions, asserting that the trial court did not commit any
error in convicting appellant of the crime charged and in imposing upon
him the death penalty. 75S*ac
1he procedure for arraignment is provided in Section 1, +ule 11/ of
the +evised +ules of 2riminal !rocedure, as amended, Auoted as
follows:
RS52. 1. *rraignment and plea3 how made. S
a)1he accused must be arraigned before the court where the
complaint or information was filed or assigned for trial. 1he arraignment
shall be made in open court by the judge or cler8 by furnishing the
accused with a copy of the complaint or information, reading the same in
the language or dialect 8nown to him, and as8ing him whether he pleads
guilty or not guilty. 1he prosecution may call at the trial witnesses other
than those named in the complaint or information. 1S*D7a
@@@ @@@ @@@R 5mphasis ours)
Jhen an accused pleads guilty to a capital offense, Section ' of the
same +ule specifies the steps to be followed by the trial court, thus:
RS52. '. !lea of guilty to capital offense3 reception of evidence.
S Jhen the accused pleads guilty to a capital offense, the court shall
conduct a searching inAuiry into the voluntariness and full
comprehension of the conseAuences of his plea and reAuire the
prosecution to prove his guilt and the precise degree of culpability. 1he
accused may present evidence in his behalf. 'a)R
7n !eople vs. Elaviano +. Segnar, >r., 11 we ruled that there is no hard
and fast rule as to how a judge may conduct a Rsearching inAuiry,R or as
to the number and character of Auestions he may as8 the accused, or as
to the earnestness with which he may conduct it, since each case must be
measured according to its individual merit. 1& 1he singular barometer is
that the judge must, in all cases, fully convince himself that: 1) the
accused, in pleading guilty, is doing so voluntarily S meaning, he was
not coerced or threatened of physical harm, or placed under a state of
duress3 and &) that he is truly guilty on the basis of his testimony. 1hus,
in determining whether an accusedXs plea of guilty to a capital offense is
improvident, we held that considering their training, we leave to the
judges ample discretion, but e@pect them at the same time that they will
be true to their calling and be worthy ministers of the law and justice. 1'
Dere, the above jurisprudential guidelines were faithfully complied
with by the trial judge. +ecords show that during the arraignment, the
7nformation was read to appellant in the ;isayan dialect which he spea8s
and understands. *fter he entered a plea of guilty, the trial judge
properly conducted a searching inAuiry translated by the court interpreter
into his ;isayan dialect.
1he proceedings during the arraignment, the trial judgeXs searching
Auestions and appellantXs answers thereto are reproduced hereunder:
R2"C+1:
,et the accused come forward. 7cS*<2
+52"+<:
*ccused came forward for arraignment and listened to the reading
of 7nformation.)
2"C+1 7?15+!+515+:
+ead the 7nformation to the accused.) 2S<c1D
2"C+1 1" 1D5 2"C+1 7?15+!+515+:
Jill you please as8 the accused whether he understood the
7nformation read and translated to him in the ;isayan vernacularO
2"C+1 7?15+!+515+ 1" 1D5 *22CS5<:
+52"+<:
2"C+1 7?15+!+515+ *s8ing the accused in the ;isayan
vernacular if the latter understood the reading of the 7nformation.)
*22CS5< 1" 1D5 2"C+1:
*: Ies, Iour Donor, 7 understand.
2"C+1 1" 2"C+1 7?15+!+515+:
Jill you as8 him what is his plea, guilty or not guiltyO
2"C+1 7?15+!+515+ 1" 1D5 *22CS5<:
+52"+<:
2"C+1 7?15+!+515+ as8ing the accused in the ;isayan
vernacular of the latterXs plea.) 72*caD
*22CS5< 1" 1D5 2"C+1:
*: %uilty, Iour Donor.
2"C+1:
5nter a plea of guilty as e@pressed by the accused upon his
arraignment today.
2"C+1:
,et the accused approach the bench.
2"C+1 1" *22CS5<:
F: Iou have admitted the guilt for the offense chargedO
*: Ies, your Donor.
F: 7s your plea of guilty voluntaryO <*51c2
*: Ies, your Donor.
F: ?obody had forced you to ma8e this plea of guiltyO
*: ?one, Iour Donor.
2"C+1 1" *22CS5<:
F: <o you 8now that by pleading guilty, you will be penaliBed by a
death penaltyO
*: Ies, Iour Donor.
F: <espite your 8nowledge that you will be penaliBed by death, are
you still insisting on your plea of guiltyO
*: Ies, Iour Donor.
F: So having pleaded guilty voluntarily, you admit that you abused
se@ually the victim, 2atalina -aluran. 57*ScD
*: Ies, Iour Donor.
F: *nd because of the fact that while having intercourse with her, you
realiBed that she 8nows you, and that was the time that you decided to
cho8e and stri8e her with the firewoodO
*: Ies, Iour Donor.
F: *nd you even helped your neighbors in loo8ing for 2atalina
-aluranO
*: Ies, Iour Donor.
F: Jhen this case was investigated, you voluntarily e@ecuted an
affidavit of confession duly assisted by your counsel, *tty. *driano
<amalerioO
*: Ies, Iour Donor.
2"C+1 1" J71?5SS:
F: 7 have here signed 5@tra=>udicial 2onfession, 7 am showing to you
and please tell me if this is the same 5@tra=>udicial 2onfession that you
e@ecuted in connection with this case with the assistance of your
counsel, *tty. *driano <amalerioO
*: 1his is the one, Iour Donor. S1c<75
@@@ @@@ @@@R 1# 5mphasis ours)
1he e@tra=judicial confession referred to by appellant is Auoted as
follows:
RF: Mr. *patay, 7 would li8e to inform you that you are now
under investigation regarding your involvement of a rape=slay case of
one 2atalina -aluran of Sitio Cpper !oblacion 7, Si8atuna, -ohol.
7 will inform you that under our ?ew 2onstitution, you have the
right to remain silent and never answer to Auestions affecting you, and
you also have the right to get a counsel who would assist you in this
investigation. 7f you cannot afford to pay a counsel, you will be given
one who would assist you. S*D57c
F: <o you understand your rightsO
*: Ies, 7 understand.
F: 7 would li8e to remind you that all your statements shall be used in
your favor or against you as evidence in court. <o you understandO
*: Ies, 7 understand.
F: ?ow that you 8now your constitutional rights, do you want to
proceed with this investigation nowO
*: Je will proceed, Sir.
F: <o you have a counsel to assist youO 7<S5*D
*: Dere is *tty. *driano <amalerio, !ublic *ttorneyXs "ffice of the
>ustice <epartment of 1agbilaran 2ity who will assist me.
J*7;5+
1hat 7, +ey *patay, after having been informed of my rights under the
?ew 2onstitution do hereby depose that 7 have the right to remain silent
and would never answer Auestions that might affect me, that 7 have the
right to be assisted by a counsel of my choice, and 7 also was informed
that all my statements shall be made evidence against me or in my favor.
1hat 7 understood all and 7 hereby waive my rights and to tell the
whole truth in this investigation.
S%<. +5I -. *!*1*I
*ffiant
S%<. 7? 1D5 !+5S5?25 "E:
S%<. *<+7*?" !. <*M*,5+7"
!ublic *ttorney &
2ounsel for the affiant)accused.
F: *re you now ready to tell the truth in this investigationO
*: Ies, 7Xm ready. a5D*S7
F: !lease tell us your name and your other personal circumstancesO
*: +5I *!*1*I y -*,", &# years old, single, Eilipino, a farmer
and residing at Sitio Cpper !oblacion 7, Si8atuna, -ohol.
F: Jhy are you investigatedO
*: -ecause 7 am guilty of a rape=slay.
F: Jho is the person whom you raped and 8illedO
*: 2atalina -aluran.
F: Jhere and when did it happenO
*: *t Sitio Cpper !oblacion 7, Si8atuna, -ohol last Eriday evening of
"ctober &(, &((( at 4:'(, more or less. 1<c*7D
F: Jere there other persons who were also involved in this rape=slayO
*: ?one.
F: Jhat was the reason why you raped and 8illed 2atalina -aluranO
*: -ecause she identified me.
F: !lease tell us the details of the rape=slay.
*: ,ast Eriday night of "ctober &(, &((( at about 4:'(, more or less, 7
went home. Jhen 7 passed by the house of 2atalina -aluran, 7 8new that
2aridad, the niece of 2atalina and 1oribia, the mother of 2aridad, would
go to the hospital to have 2aridad, the sic8 person, be treated. 1hey were
with "delion and -albina, also the sister of 2aridad. Jhen they left, 7
peeped at the entire interior of the house. 1hen 7 saw 2atalina sitting
down in the sala alone. So 7 entered the house thru the bro8en sin8 in the
8itchen which was barred by a basin. Jhen 7 entered the house, 7 put off
the light, then 7 forced 2atalina to the room and se@ually abused her. She
recogniBed me during the se@ual intercourse and she told me, X*yaw lagi,
+eyVX or X<onXt +eyVX), meaning, 7 should stop. *fraid that she
recogniBed me, 7 8illed her by strangulation until she had no voice. 1hen
7 went to the stove to get an unconsumed firewood. 1hen 7 struc8 her
head and face several times until she was motionless. So 7 pulled her
outside of the house. 1hen 7 carried her to the abandoned toilet in the
upper ground of their house and dropped her into the hole. 1<cD2a
F: Jhat did you do after you dropped her to the toiletO
*: 7 wal8ed towards the house of *ndres <aplin, then 7 slept there.
F: 1he following day, Saturday, where did you goO
*: 7 helped the people who were searching for 2atalina.
F: 1hat day, Saturday, was 2atalina foundO
*: ?o.
F: Jhat day did they find 2atalinaO S2a71*
*: ,ast Sunday, "ctober &&, &(((, she was seen by +ene %abato with
the organiBation who render funeral service) then searching, and that
was the time 7 felt having a conscience and 7 confessed to +ene %abato
and S!"' <alagan that 7 was responsible for the incident of rape=slay to
2atalina.
F: 1he investigator has nothing to as8, do you have more to declareO
*: ?o more, e@cept when as8ed.
F: Jill you sign your affidavit voluntarily that nobody had forced you
to do soO
*: Ies, 7 will sign. a72D5c
7? J71?5SS JD5+5"E, 7 have hereunto affi@ed my signature this
&#th day of "ctober, &((( at 1agbilaran 2ity, -ohol, !hilippines.
S%<. +5I -. *!*1*I
*ffiant
*ssisted by:
S%<. *11I. *<+7*?" !. <*M*,5+7"
!ublic *ttorney &,
!ublic *ttorneyXs "ffice
<epartment of >ustice
1agbilaran 2ityR 10
*ppellantXs answers to the trial judgeXs Auestions are spontaneous and
categorical. De declared that his confession that he committed the
crime) is voluntary and that nobody forced him to do so. De also
manifested full understanding of the conseAuences of his plea,
specifically that the imposable penalty upon him is death. Iet, he would
not change his plea.
1he trial court reAuired the prosecution to present evidence for the
purpose of establishing appellantLs guilt and the precise degree of his
culpability, in compliance with Section ' of +ule 11/, Auoted earlier.
Significantly, <r. Erancisco +omulo ;illaflor testified that 2atalina was
se@ually assaulted and died due to massive hemorrhage secondary to
multiple s8ull fracture. Erancisca -uchan and "delion Manco also
testified, declaring that they saw appellant standing near the door of the
victimXs house just before the incident occurred. Sca*51
*ppellantXs confession contains details of the rape=slay perpetrated
against 2atalina which only he could 8now and reveal. "n his
contention that the trial court failed to as8 him whether he intends to
present evidence on his behalf, suffice it to say that the defense Ropted
not to present any evidence considering the accusedXs plea of guilty.R 1/
*rticle &//=* of the +evised !enal 2ode, as amended by +epublic
*ct ?o. .'0', provides:
R*+1. &//=*.+ape, Jhen and Dow 2ommitted. S +ape is
committed S
1. -y a man who shall have carnal 8nowledge of a woman under any
of the following circumstances:
a. 1hrough force, threat or intimidation3 acD<1*
b. Jhen the offended party is deprived of reason or otherwise
unconscious3
c. -y means of fraudulent machinations or grave abuse of authority3
d. Jhen the offended party is under twelve 1&) years of age or is
demented, even though none of the circumstances above be present3
&. -y any person who, under any of the circumstances mentioned in
paragraph 1 hereof, shall commit an act of se@ual assault by inserting his
penis into another personLs mouth or anal orifice, or any instrument or
object, into the genital or anal orifice of another person.R 5mphasis
ours)
Dere, it is clear from the appellantXs e@tra=judicial confession and the
evidence for the prosecution that he had carnal 8nowledge of 2atalina
-aluran through force. *<5ac2
*rticle &//=- of the same law further mandates that RJhen by reason
or on the occasion of the rape, homicide is committed, the penalty shall
be death.R 1he same single and indivisible penalty shall be applied by
the courts regardless of any mitigating or aggravating circumstances that
may have attended the commission of the offense. 14
1he trial court, therefore, correctly found appellant guilty beyond
reasonable doubt of rape with homicide and properly imposed upon him
the death penalty.
Je sustain the trial courtXs award to the victimXs heirs of the sum of
!1((,(((.(( as civil indemnity, !0(,(((.(( for rape and !0(,(((.(( for
the death of the victim. 1his is in line with our recent ruling in !eople
vs. Manguera. 1. 7n addition, they are entitled to moral damages of
!40,(((.(( without need of pleading or proof of the basis thereof since
the anguish and pain they endured are evident. 1$
1he trial court did not award actual damages, obviously because the
victimXs heirs did not present proof of funeral e@penses incurred. 1o be
entitled to such damages, it is necessary to prove the actual amount of
loss with a reasonable degree of certainty, premised upon competent
proof and on the best evidence obtainable to the injured party. &( 7n
!eople vs. *braBaldo, &1 we held that where, as here, the amount of
actual damages cannot be determined because no receipts were
presented to prove the same, but it is shown that the heirs are entitled
thereto, temperate damages may be awarded, fi@ed at !&0,(((.((.
2onsidering that funeral e@penses were obviously incurred by 2atalinaXs
heirs, an award of !&0,(((.(( as temperate damages is proper. &&
1hree members of this 2ourt maintain that +epublic *ct ?o. 4/0$ is
unconstitutional insofar as it prescribes the death penalty. ?evertheless,
they submit to the ruling of the majority that the law is constitutional and
that the death penalty can be lawfully imposed herein.
JD5+5E"+5, the appealed <ecision dated March 0, &((1 of the
+egional 1rial 2ourt, -ranch &, 1agbilaran 2ity, in 2riminal 2ase ?o.
1(..0, finding appellant +ey *patay y -alo guilty beyond reasonable
doubt of the crime of rape with homicide and sentencing him to suffer
the penalty of <5*1D, is hereby *EE7+M5< with modification in the
sense that he is ordered to pay the heirs of 2atalina -aluran !40,(((.((
as moral damages and !&0,(((.(( as temperate damages, in addition to
the trial courtXs award of !1((,(((.(( as civil indemnity. 2aDc51
7n accordance with Section &0 of +.*. 4/0$, amending *rticle .' of
the +evised !enal 2ode, upon the finality of this <ecision, let the
records of this case be forwarded to the "ffice of the !resident of the
!hilippines for the possible e@ercise of her pardoning power.
2osts de oficio.
S" "+<5+5<.
<avide, >r., 2 .> ., !uno, ;itug, !anganiban, Fuisumbing, Inares=
Santiago, Sandoval=%utierreB, 2arpio, *ustria=MartineB, 2orona, 2arpio
Morales, 2allejo, Sr5? -*?2
5? -*?2
G%.+. ?o. 1'''.(. Eebruary 1., &((#.H
!5"!,5 "E 1D5 !D7,7!!7?5S, appellee, vs. E,*;7*?" +.
S5%?*+, >+., appellant.
< 5 2 7 S 7 " ?
S*?<";*,=%C175++5M, > p:
*n arraignment is not a mere formality but a substantial component
of our criminal justice system wherein the constitutional right of the
accused Rto be informed of the nature and cause of the accusation
against himR 1 is protected. 1hus, when he pleads guilty to a capital
offense, the trial courtsX duty is to ascertain with utmost diligence and
circumspection whether he did so voluntarily and with full
understanding of the conseAuences of his plea. 1here should be no
occasion to slac8en such duty so as to avert an improvident plea of
guilty, especially in grave felonies which carry the supreme penalty of
death. * plea of guilty 8nowingly and voluntarily made constitutes
evidence of guilt. c2SD51
7n this automatic review of the <ecision & of the +egional 1rial
2ourt, -ranch 10, "BamiB 2ity in 2riminal 2ase ?o. +12=&1.0,
Elaviano Segnar, >r., appellant, assails his conviction of murder
punishable by death, claiming that his plea of guilty to such capital
offense was improvidently made.
1he 7nformation ' charging appellant with murder reads:
R1hat on or about ?ovember 1&, 1$$4 at more or less 0:(( oXcloc8 in
the afternoon, in the 2ity of "BamiB, !hilippines, and within the
jurisdiction of this Donorable 2ourt, the above=named accused with
intent to 8ill, treachery, evident premeditation, ta8ing advantage of
superior strength and with cruelty, did then and there willfully,
feloniously and unlawfully cut and)or slice the throat of 14 year=old
*mie E. Elores by the use of a 8nife, which caused her) instantaneous
death. Medical certificate showed the following wounds:
S1. cm lacerated wound and & cm lacerated wound from ,) side of
the nec8 e@tending to +) face chee8) transecting vocal cord and +)
jugular and caroted blood vessel.
S1.& cm lacerated wound with sharp edges at pro@imal arm antero=
lateral aspect.
S' cm lacerated wound at sharp edges at pro@imal 'rd of +) arm
antero=medial aspect.
S& cm lacerated wound with sharp edges at +) mid arm anterior
aspect.
R2"?1+*+I to *rticle &#. of the +evised !enal 2ode.R
<uring his arraignment on Eebruary &0, 1$$., appellant was assisted
by his counsel de oficio, *tty. *lberto 2agaanan of the !ublic *ttorneyXs
"ffice, "BamiB 2ity. *fter the 7nformation was read to appellant, in his
own ;isayan dialect, he pleaded guilty.
1hereafter, pursuant to the order of the trial judge, the prosecution
presented its evidence consisting of the lone testimony of ,eonila Elores,
# the mother of victim *mie Elores. ,eonila testified that she has 8nown
appellant, being her neighbor in !uro8 /, Suricon *rea, "BamiB 2ity. De
used to come to her house to visit *mie, his sweetheart. 7n the afternoon
of ?ovember 1&, 1$$4, *mie, then 14 years of age, was 8illed inside
appellantXs house. Der throat was slashed. 1hereafter, appellant fled.
Jhen she confronted him in jail about the incident, he admitted that he
8illed *mie because she would go to Manila and he did not want to be
away from her. 0 ,eonila identified appellantXs bloodstained 1=shirt /
and short pants 4 recovered at the scene of the crime, as well as the
Medical 2ertificate . issued on ?ovember 1$, 1$$4 by <r. <aniel 1.
Medina of the S.M. ,ao Memorial 2hildren and Maternity Dospital,
<epartment of Dealth, "BamiB 2ity, stating his findings as follows:
R<7*%?"S7S)E7?<7?%S:
S1. cm lacerated wound and & cm lacerated wound from ,) side of
the nec8 e@tending to +) face chee8) transecting vocal cord and +)
jugular and caroted blood vessel.
S1.& cm lacerated wound with sharp edges at pro@imal arm antero=
lateral aspect.
S' cm lacerated wound at sharp edges at pro@imal 'rd of +) arm
antero=medial aspect.
S& cm lacerated wound with sharp edges at +) mid arm anterior
aspect.
@@@ @@@ @@@
R+5M*+6S:
R!atient died due to Dypovolemic Shoc8.R
1he prosecution offered in evidence the pictures $ showing the
lifeless body of the victim lying face downward on the bamboo floor of
appellantXs house. *nother picture 1( shows her with stitches running
from her right ear down to her nec8 and up to the left side of her face.
*tty. 2agaanan, appellantXs counsel, did not cross=e@amine ,eonila.
1he trial judge then called appellant to the witness stand to determine
whether his plea of guilty was voluntary and whether he understands its
conseAuences. 7n answer to the Auestions propounded by the trial judge,
appellant, assisted by *tty. 2agaanan, declared that he is &( years of age,
single, and a resident of Suricon *rea, "BamiB 2ity. De is the eldest
among si@ children of +osalina +aut=+aut Segnar and Elaviano Segnar,
Sr. "n May 4, 1$$4, *mie Elores became his sweetheart. De used to
fetch her from the 7mmaculate 2oncepcion 2ollege and escort her up to
the road only because her parents were against him. 1hus, he seldom
visited her at home. 7t was *mie who used to go to his house. De
confessed that he 8illed *mie in his house by slashing her throat with a
gaff because she had an abortion of her '=month old fetus whom he
sired. De e@plained that he threatened to harm her with the gaff so that
she would not go to Manila. Jhen *mie died that day, he was so scared
that he threw away the gaff, changed his 1=shirt and short pants stained
with *mieXs blood, and then fled to SinuBa to evade arrest. De admitted
that he owns the bloodstained 1=shirt and short pants recovered at the
scene of the crime. 11
*ppellant further testified that he was not coerced or intimidated by
anyone to plead guilty for R7 was the one who 8illed her *mie).R 1& De
is aware that he has to answer for his act. De 8nows the conseAuence of
his plea S he will be imprisoned. Jhen as8ed if he would still maintain
his plea of guilty even if the penalty to be imposed upon him is death, he
answered that he is willing to die R7 will insist on myself pleading to
die.R). 1'
*fter the trial judge declared in open court that he was convinced that
appellantXs plea was made voluntarily and with his full understanding of
its conseAuences, the prosecution formally offered its evidence and
rested its case. Eor his part, appellant manifested, through counsel, that
he is not presenting evidence and is submitting the case for decision.
7n its <ecision dated Eebruary &0, 1$$., 1# the trial court found
appellant guilty beyond reasonable doubt of the crime of murder,
aggravated by evident premeditation, and imposed upon him the
supreme penalty of death. De was also ordered to pay the heirs of *mie
Elores !0(,(((.(( as indemnity, !0(,(((.(( as moral damages and
costs.
7n his brief, 10 appellant contends that his plea of guilty was made
improvidently since during the arraignment, he did not understand its
conseAuences. De also maintains that the evidence against him is
insufficient to prove that he committed the crime charged. De thus prays
that he be acAuitted or, in the alternative, that the <ecision of the trial
court be modified in the sense that he should only be convicted of
homicide considering that the prosecution failed to establish the
Aualifying circumstances alleged in the 7nformation. 1/
1he Solicitor %eneral submits that appellantXs plea was not
improvidently made because the trial court received the prosecutionXs
evidence and that the appellant voluntarily admitted his guilt3 and
sustains appellantXs manifestation that he should only be convicted of
homicide.
Je find appellantXs claim of improvident plea bereft of merit.
Section 1, +ule 11/ of the +evised +ules of 2riminal !rocedure, as
amended, provides: <D52ac
RS52. 1. *rraignment and plea3 how made. S
Ra) 1he accused must be arraigned before the court where the
complaint or information was filed or assigned for trial. 1he arraignment
shall be made in open court by the judge or cler8 by furnishing the
accused with a copy of the complaint or information, reading the same in
the language or dialect 8nown to him, and as8ing him whether he pleads
guilty or not guilty. 1he prosecution may call at the trial witnesses other
than those named in the complaint or information.
. . ..R 5mphasis ours)
Jhen the accused pleads guilty to a capital offense, Section ' of the
same +ule specifies the procedure to be followed by the trial judge, thus:
RS52. '. !lea of guilty to capital offense3 reception of evidence.
S Jhen the accused pleads guilty to a capital offense, the court shall
conduct a searching inAuiry into the voluntariness and full
comprehension of the conseAuences of his plea and shall reAuire the
prosecution to prove his guilt and the precise degree of culpability. 1he
accused may present evidence in his behalf.R 5mphasis ours)
1here is no hard and fast rule as to how a judge may conduct a
Rsearching inAuiryR as to the number and character of Auestions he may
as8 the accused, or as to the earnestness with which he may conduct it,
since each case must be measured according to its individual merit. 14
1he singular barometer is that the judge must, in all cases, fully
convince himself that: 1) the accused, in pleading guilty, is doing so
voluntarily S meaning, he was not coerced or threatened of physical
harm, or placed under a state of duress3 and &) that he is truly guilty on
the basis of his testimony. 1hus, in determining whether an accusedXs
plea of guilty to a capital offense is improvident, we held that
considering their training, we leave to the judges ample discretion, but
e@pect them at the same time that they will be true to their calling and be
worthy ministers of the law and justice. 1.
1he trial judge faithfully complied with the above guidelines. +ecords
show that during the arraignment, the 7nformation was read to appellant
in the ;isayan dialect which he spea8s and understands. *fter he entered
a plea of guilty, the trial judge conducted a searching inAuiry. *ppellantXs
answers to the trial judgeXs Auestions were spontaneous. 1here is no
indication in the records that his counsel coa@ed or influenced him. De
manifested full understanding of the conseAuences of his plea. De
repeatedly and categorically told the trial judge that because he 8illed
*mie, he is answerable for his actuation. *fter having been informed of
the seriousness of the charge and that it is punishable with reclusion
perpetua to death, appellant readily and emphatically assured the trial
judge that still, he would not change his plea. 7n fact, he declared he is
willing to be imprisoned or even die as punishment for the crime he
committed. 2learly, appellantXs plea of guilty was voluntary, positive and
unconditional, and that he fully understood that the imposable penalty
could be imprisonment or even death.
Moreover, the trial court, after appellantXs plea, still reAuired the
prosecution to present evidence for the purpose of establishing his guilt
and the precise degree of his culpability, in compliance with Section ' of
+ule 11/, Auoted earlier.
1his brings us to the second argument raised by appellant S that the
evidence failed to prove that he committed murder.
*ppellant is correct.
1he trial court convicted appellant of murder and imposed upon him
the penalty of death based on the following findings:
R1here is no Auestion that the 8illing is attended with Aualifying
aggravating circumstances of evident premeditation, treachery, superior
strength and cruelty as the same are alleged in the information and
admitted to by the accused. ,i8ewise, present in the commission of the
offense is the generic aggravating circumstance of disregard of se@.
@@@ @@@ @@@
R. . . *rticle /', +evised !enal 2ode, provides that when in the
commission of the deed there is present only aggravating circumstance,
the greater penalty shall be imposed. 1he penalty for murder is reclusion
perpetua to death *rt. &#., +evised !enal 2ode). 1here being present
the attendant aggravating circumstance of evident premeditation
considered as a generic aggravating circumstance, applying the +ule in
*rticle /', +evised !enal 2ode, the penalty to be imposed shall be the
greater penalty which is death.R 1$
1he above findings of the trial court are erroneous. 1he attendant
aggravating circumstances alleged in the 7nformation which would
Aualify the 8illing to murder have not been established. *s aptly stated
by the Solicitor %eneral:
R7n the first place, it has been held that a plea of guilty to an
information alleging aggravating circumstances will not be considered
an admission of such circumstances if the evidence presented by the
prosecution fails to establish them. 1he Donorable Supreme 2ourt
e@plained in !eople vs. <erilo %.+. ?o. 114.1., *pril 1., 1$$4, &41
S2+* /'', /0.), thus:
X. . ., the plea of guilty of an accused cannot stand in place of evidence
that must be presented and is called for by said Section ' of +ule 11/.
1rial courts should no longer assume that a plea of guilty includes an
admission of the attending circumstances alleged in the 7nformation as
they are now reAuired to demand that the prosecution should prove the
e@act liability of the accused. 1he reAuirements of Section ' would
become idle and fruitless if we were to allow conclusions of criminal
liability and aggravating circumstances on the dubious strength of a
presumptive rule.X
R1he trial court considered treachery as a Aualifying circumstance that
absorbed superior strength and cruelty, and considered evident
premeditation as a generic aggravating circumstance. -ut these
circumstances were not proven by the prosecution in this instance.
R2learly, no evidence was presented to show how appellant 8illed the
victim. *bsent any particulars as to the manner in which the aggression
commenced or how the act which resulted in the death of the victim
unfolded, treachery cannot be appreciated !eople vs. ?alangan, &4(
S2+* &'#).
REor evident premeditation to be appreciated, there must be direct
evidence showing a plan or preparation to 8ill, or proof that the accused
meditated and reflected upon his decision to 8ill the victim !eople vs.
*sto, &14 S2+* /$4). ?o such evidence was presented in this case
either, hence, evident premeditation cannot be considered against
appellant.R &(
*s there is no evidence to hold that appellant 8illed the victim with
any aggravating circumstance, he should only be held liable for the
crime proved, that is, homicide punishable by reclusion temporal. &1
1here being neither mitigating nor aggravating circumstance that
attended the commission of the crime, the imposable penalty is the
medium period of reclusion temporal. && *pplying the 7ndeterminate
Sentence ,aw, appellant should be meted out the indeterminate sentence
of ten 1() years and one 1) day of prision mayor ma@imum, as
minimum, to seventeen 14) years and four #) months of reclusion
temporal medium, as ma@imum.
Jith respect to appellantXs civil liabilities, the trial court correctly
awarded the amount of !0(,(((.(( as indemnity e@ delicto. &' Dowever,
moral damages may not be recovered for lac8 of proof that the victimXs
heirs suffered mental anguish, moral shoc8 and wounded feelings
because of her death.
1he trial court did not award actual damages, obviously because the
victimXs mother failed to present proof of funeral e@penses she incurred.
1o be entitled to such damages, it is necessary to prove the actual
amount of loss with a reasonable degree of certainty, premised upon
competent proof and on the best evidence obtainable to the injured party.
&# Dowever, in !eople vs. *braBaldo, &0 we held that where the amount
of the actual damages cannot be determined because of the absence of
receipts to prove the same, but it is shown that the heirs are entitled
thereto, temperate damages may be awarded, fi@ed at !&0,(((.((. Dere,
since funeral e@penses were obviously incurred by ,eonila, an award of
!&0,(((.(( as temperate damages is proper.
JD5+5E"+5, the appealed <ecision of the +egional 1rial 2ourt,
-ranch 10, "BamiB 2ity in 2riminal 2ase ?o. +12=&1.0 is *EE7+M5<
with M"<7E72*17"? in the sense that appellant E,*;7*?" +.
S5%?*+, >+. is found %C7,1I beyond reasonable doubt of the crime
of homicide, defined and penaliBed under *rticle &#$ of the +evised
!enal 2ode, and is sentenced to suffer an indeterminate sentence of 15?
1() I5*+S *?< "?5 1) <*I "E !+7S7"? M*I"+ M*P7MCM,
*S M7?7MCM, 1" S5;5?155? 14) I5*+S *?< E"C+ #)
M"?1DS "E +52,CS7"? 15M!"+*, M5<7CM, *S M*P7MCM.
De is ordered to pay the heirs of the victim !&0,(((.(( as temperate
damages, in addition to the award by the trial court of !0(,(((.(( as
indemnity e@ delicto.
2osts de oficio. cDa*<2
S" "+<5+5<.
<avide, >r., 2 .> ., !uno, ;itug, !anganiban, Fuisumbing, Inares=
Santiago, 2arpio, *ustria=MartineB, 2orona, 2arpio=Morales, 2allejo,
Sr., *Bcuna and 1inga, >> ., concur.
Jhat do you mean by :the court shall conduct a searching inAuiry into
the voluntariness and full comprehension of the conseAuence of his
plea9O Section ' is actually ta8en from decided cases, even before the
1$.4 2onstitution. !rior to the 1$.4 2onstitution, there were so many
people sentenced to death based only on a plea of guilty. 1he S2 said, di
pwede ito. 1hus, all these jurisprudence are culled and embodied in
Section '. "f course it became dormant for a while when the death
penalty could not be imposed. -ut na naman eh. 7tLs now bac8 to life
GalleluiaVH because of the restoration of death penalty.
7 remember before, there was even a time before the 1$.4
2onstitution, where:
>C<%5: :%uilty or ?ot guiltyO
*22CS5<: :%uilty.9
>C<%5: :<o you understand what you are doing by pleading
guiltyO9
*22CS5<: :Ies.9
>C<%5: :<o you understand by pleading guilty, you are admitting
all the elements of the crime as alleged in the complaintO9
*22CS5<: :Ies.9
>C<%5: :*nd still you are pleading guiltyO9
*22CS5<: :Ies.9
Sabi ng S2: 6ulang ang mga tanong moV Jhy are you as8ing those
AuestionsO Jhat does the layman 8now about those elements of the
crimeO Cse simple language para maintindihan niyaV
?ow, if we follow the jurisprudence after the 1$.4 2onstituition,
lalung mahirapV 7to yung mahirap shall conduct a searching inAuiry
into the voluntariness and full comprehension of the conseAuence of his
plea.9 1hat is a very general term and we do not really 8now what is
really the effect of that or its scope. 7f we will follow all the guidelines
of the S2, it would seem that all judges will not pass the test of
conducting a searching inAuiry. 1here are some tests li8e the case of
!5"!,5 vs. *,-5+1
&01 S2+* 1'/
D5,<: :1he controversy over improvident pleas of guilty
dates bac8 to the early years of the *merican administration,
developed into a furor over the succeeding years, subsided
during the martial law regime, and was sidelined but
occasionally invo8ed when the 1$.4 2onstitution proscribed the
imposition of capital punishment. Jith the return of the death
penalty for heinous crimes, it is high time for the trial courts to
review and reflect upon the jurisprudential and statutory rules
which evolved over time in response to the injustice created by
improvident pleas ac8nowledging guilt, at times belatedly
discovered under the judicial rug, if at all.9
:1he rationale behind the rule is that courts must proceed
with more care where the possible punishment is in its severest
form S death S for the reason that the e@ecution of such a
sentence is irrevocable and e@perience has shown that innocent
persons have at times pleaded guilty. 1he primordial purpose
then is to avoid improvident pleas of guilt on the part of an
accused where grave crimes are involved since he might be
admitting his guilt before the court and thus forfeit his life and
liberty without having fully understood the meaning,
significance, and conseAuences of his plea. Moreover, the
reAuirement of ta8ing further evidence would aid the Supreme
2ourt on appellate review in determining the propriety or
impropriety of the plea.9
!5"!,5 vs. *,72*?<"
&01 S2+* &$'
D5,<: :1o show the voluntariness of the plea of guilt of the
accused and that the courtLs Auestions demonstrate the accused
full comprehension of the conseAuences of his plea, the records
must reveal information about the personality profile of the
accused which can serve as a trustworthy inde@ of his capacity
to give a free and informed plea of guilt. 1he age, socio=
economic status and educational bac8ground of the accused
must be plumbed by the trial court.9
So, you must get the personality profile of the accused the age,
socio=economic status as well as his educational bac8ground. ?ow are
the judges doing thatO 7 donLt thin8 so.
!5"!,5 vs. 5S1"M*2*
&0/ S2+* #&1 1$$/)
D5,<: :*lthough there is no definite and concrete rule as to
how a trial judge may go about the matter of a proper Rsearching
inAuiry,R it would be well for the court, for instance, to reAuire
the accused to fully narrate the incident that spawned the
charges against him, or by ma8ing him reenact the manner in
which he perpetrated the crime, or by causing him to furnish
and e@plain to the court missing details of significance.9
:1he trial court should also be convinced that the accused has
not been coerced or placed under a state of duress either by
actual threats of physical harm coming from malevolent or
avenging Auarters and this it can do, such as by ascertaining
from the accused himself the manner in which he was
subseAuently brought into the custody of the law3 or whether he
had the assistance of competent counsel during the custodial and
preliminary investigations3 and, ascertaining from him the
conditions under which he was detained and interrogated during
the aforestated investigations. ,i8ewise, a series of Auestions
directed at defense counsel as to whether or not said counsel had
conferred with, and completely e@plained to the accused the
meaning of a plea and its conseAuences, would be a well=ta8en
step along those lines.9
So, the judge must be very, very patient in conducting a searching
inAuiry. >ust ta8e note that we are tal8ing about capital offense.
*ccording to one commentator: -efore, the plea of guilty
constituted the main evidence of guilt and the evidence ta8en
during the further inAuiry was merely to aid the trial court in
e@ercising its discretion as to whether the lighter or graver
penalty is to be imposed. 1hat is the original principle. -ut
under the new procedure, a plea of guilt is only a secondary
basis, the main proof being that which the court reAuires the
prosecution to establish the guilt of the accused. 1he plea of
guilty by the accused can only be used as supporting evidence
for a finding of culpability. So, bali8tad NnoO) 7n short, once an
accused, in a charge of capital offense enters a plea of guilty, a
regular trial shall have to be conducted. >ust the same as if no
such plea of guilty was not entered. 1he only effect of a plea of
guilty, if ever, is to serve as an additional mitigating
circumstance in case the penalty imposable is less that an
indispensable penalty and if the guilty plea is entered before the
prosecution starts to present evidence.
5? -*?2
G%.+. ?o. 1'1.1#. March 10, &(((.H
!5"!,5 "E 1D5 !D7,7!!7?5S, plaintiff=appellee, vs. +"<",E"
*+7M*!*, accused=appellant.
< 5 2 7 S 7 " ?
!5+ 2C+7*M p:
+"<",E" *+7M*!* was charged with incestuous rape and found
guilty by the trial court. De was sentenced to death. De is now before us
on automatic review. cdtai
1he 7nformation alleged that in the evening of # >une 1$$0, in
-arangay Malatap, ,abo, 2amarines ?orte, the accused +odolfo *riBapa
by means of force and intimidation willfully and feloniously had carnal
8nowledge of +osita 5ncinas, his stepdaughter, a 1&=year old minor,
against her will. 1
"n . "ctober 1$$4 the trial court found the accused +odolfo *riBapa
guilty of rape as defined under *rt. ''0 of the +evised !enal 2ode in
relation to Sec. 11 of +* 4/0$, and sentenced him to the supreme
penalty of death. 1he lower court also ordered him to pay his victim,
+osita 5ncinas, !0(,(((.(( for moral damages and !'(,(((.(( for
e@emplary damages.
1hese are the facts on which the judgment is based: *t about
midnight of # >une 1$$0, 1&=year old +osita 5ncinas was sleeping with
her younger brothers, aged three ') and seven 4), and a sister, aged
four #), in their house in -arangay Malatap, ,abo, 2amarines ?orte,
when her stepfather, accused +odolfo *riBapa, entered their room.
+ositaXs mother at that time was in Manila. +osita wo8e up when the
accused whom she called R!apa +udyR went to her side. De was in shirt
and shorts but wearing no underwear. De told +osita to lie down and
warned her not to shout. 1hen he removed her shorts and panty. +osita
could not put up any resistance as the accused held her thighs. De was
stronger. De warned her again not to shout or else something would
happen to her and her siblings. Jhen +osita was already lying down the
accused stood up, undressed himself, went on top of her, separated her
thighs and inserted his penis into her vagina. +osita felt pain but did not
bleed because according to her he had already raped her in the past. 1he
ne@t day +osita reported the incident to her 1iya Santa and 1iya !uring,
as well as to the barangay captain. She also sought the assistance of her
teacher. She was finally accompanied by her aunt to the police station
where she e@ecuted a sworn statement charging her stepfather with the
crime of rape.
<r. Marcelito *bas of the 2amarines ?orte !rovincial Dospital in
<aet conducted a medical e@amination of +osita and found hematoma
with slight swelling on her genitalia as well as hymenal lacerations at the
1 oXcloc8, ' oXcloc8 and $ oXcloc8 positions. &
Jhen the turn of the accused came to testify alone in his defense on #
>une 1$$0 he readily admitted having raped his stepdaughter +osita
5ncinas on # >une 1$$0 as charged, thus S
F: ?ow this +osita 5ncinas, filed a complaint against you, that
according to her you se@ually abused her on the evening of >une #, 1$$0
at -gy. Malatap, ,abo, 2amarines ?orte, what can you say about thisO
*: 7 admit it, sir . . . .
F: *lright, Auestions from the 2ourt. <o you 8now the conseAuence
of your admission to that statement S that you abused this +osita
5ncinas on >une #, 1$$0 in the evening at Malatap, ,abo, 2amarines
?orteO
*: ?o, sir.
F: Jere you not advised by your lawyer *tty. <iBonO Jitness ta8es
time to answer)
*: 7f 7 admit, your Donor, the penalty is death.
F: 1hat is tantamount to saying that he is not guilty.
*tty. <iBon:
Iour Donor, it would seem that, that is my advice to him because
the Auestion from the 2ourt S is RJere you advised by your counsel
before you admitted that offenseOR
*ctually 7 presented him for the purpose of denying the charges in
the information. 7f he admits it, that is of) his own volition, Iour Donor.
!ros. 5scaro:
Ies. 7n fact, this case was tried. De was arraigned. De pleaded not
guilty to the offense, thatXs why, we have a trial, your Donor. De had all
the time to thin8 of his complicity in the crime. *nd now, he testifies
that he admitted the offense charged against him . . . .
2ourt:
*re you admitting the offense charged against you of your own
volitionO
*: Ies, sir.
*tty. <iBon:
Je have no more witness other than the accused. *nd with the
admission of the accused of the complaint against him, 7 thin8, 7 have no
more to say and considering that we have no more witnesses other than
the accused himself, we will now rest our case, Iour Donor. '
7n his -rief, the accused contends that the trial court gravely erred in
convicting him of rape as it failed to conduct before accepting his plea of
guilt a searching inAuiry into the voluntariness of his plea and his full
comprehension of the conseAuences thereof as mandated by Sec. ', +ule
11/, of the 1$.0 +ules on 2riminal !rocedure, which provides S
S5217"? '. !leas of guilty to capital offense3 reception of evidence.
S Jhen the accused pleads guilty to a capital offense, the court shall
conduct a searching inAuiry into the voluntariness and full
comprehension of the conseAuences of his plea and reAuire the
prosecution to prove his guilt and the precise degree of culpability. 1he
accused may also present evidence in his behalf.
1he rationale behind the rule is that courts must proceed with caution
where the possible punishment is in its severest form, i.e., death, for the
reason that the e@ecution of such a sentence is irrevocable and
e@perience has shown that innocent persons have at times pleaded guilty.
1he primordial purpose then is to avoid improvident pleas of guilt on the
part of an accused when grave crimes are involved since he might be
admitting his guilt before the court and thus forfeit his life and liberty
without having fully comprehended the meaning, significance and
conseAuences of his plea.
1he record indeed discloses the failure of the lower court to fully
comply with the reAuirements of Sec. ', +ule 11/, of the 1$.0 +ules of
2riminal !rocedure. 7t did not ma8e a searching inAuiry on whether the
accusedXs admission of guilt was voluntarily made and whether he
understood the legal implications of such admission. 7t must, however,
be noted that the improvident plea of guilt by the accused was made
after the prosecution had already rested its case, i.e., after all the
evidence for the prosecution had been presented. *nd the evidence, as
scrutiniBed by the 2ourt, adeAuately and convincingly demonstrated the
guilt of the accused beyond any shadow of doubt. cdrep
1he testimonies of complaining witness +osita 5ncinas and <r.
Marcelito *bas who e@amined her physically, as well as the victimXs
aunt Elora Sena, # were more than enough to convict the accused. 1he
court a Auo was correct when it declared the testimony of +osita 5ncinas
truthful and credible, her narration of the se@ual assault on her by the
accused being direct and straightforward. 1hus S
F: Dow did +odolfo *riBapa, the accused in this case se@ually abuse
youO
*: 7 was asleep at that time when +odolfo *riBapa came near me and
he told me not to shout.
F: So after the accused, your stepfather told you not to shout what
happened ne@tO
*: De came near me, sir.
F: Jhat did he do when he came near youO
*: De undressed me, sir.
F: Jhat dress was removed from you by the accusedO
*: My short and panty.
F: *fter the accused removed your short and panty what more did he
do to youO
*: De went on top of me sir. . . . De inserted his se@ organ into my se@
organ, sir . . . .
F: *t the time when the accused in this case +odolfo *riBapa was
removing your dress, more particularly your shorts and your panty did
you not ma8e any resistanceO
*: 7 was not able to ma8e any resistance, sir because at that time he
was holding my thighs and he told me not to shout.
F: Jhat more did the accused tell you if any aside from telling you
not to shoutO
*: De told me sir that if 7 shout, something will happen to us.
F: *t the time that the accused was on top of you and separating your
legs, did you not put any resistance to the immoral advances being made
to you by your stepfatherO
*: 7 also resisted sir but 7 could not fight him because heXs strong . . . .
F: Dow did the accused able to penetrate his penis into your se@ual
organO
*: 7 was lying down, then he +odolfo *riBapa) stood up, undressed
himself and went on top of me and separated my thighs and inserted his
penis into my se@ual organ. 1he witness cried while narrating the se@ual
ordeal she suffered from the bestial lust of her stepfather . . .) 0
Since the trial court e@tensively received evidence in determining the
guilt of the accused, the manner in which the plea of guilt was made,
whether improvidently or not, loses its significance for the simple reason
that the conviction of the accused was based on the evidence proving his
commission of the offense charged and not on his admission in open
court3 his conviction may only be set aside when the improvident plea of
guilt was the sole basis for the condemnatory judgment. /
2onseAuently, the accused is meted the supreme penalty of death
pursuant to *rt. ''0 of the +evised !enal 2ode, as amended by +* 4/0$
and +* .'0', which provides that the death penalty shall be imposed
upon the perpetrator if the crime of rape is committed with any of the
following aggravating)Aualifying circumstances: . . . . 1. Jhen the
victim is under eighteen 1.) years of age and the offender is a parent,
ascendant, step=parent, guardian, relative by consanguinity or affinity
within the third civil degree, or the common=law spouse of the parent of
the victim.
*s regards the liability of the accused for damages, we observe that
while the trial court correctly awarded !0(,(((.(( for moral damages
and !'(,(((.(( for e@emplary damages, it failed to grant civil indemnity
pursuant to *rt. '#0 of the !enal 2ode. 7f rape is committed or
effectively Aualified by any of the aggravating circumstances which
authoriBes the imposition of the death penalty under the applicable
amendatory law, 4 the indemnity for the victim should be in the
increased amount of !40,(((.((. Jith regard to moral damages, this
2ourt has ruled that moral damages may be granted to rape victims in
such amount as this 2ourt may deem just without the necessity of
pleading or proof of the basis thereof. . 7n rape cases it is recogniBed
that the victimXs injury is concomitant with and necessarily results from
the odious crime of rape to warrant per se the award of moral damages. $
1hus, in the case at bar, the accused is liable to the victim for the amount
of !40,(((.(( for civil indemnity in addition to !0(,(((.(( for moral
damages and !'(,(((.(( as e@emplary damages.
Eour #) members of this 2ourt maintain their position that +* 4/0$
is unconstitutional insofar as it prescribes the death penalty. ?onetheless
they submit to the ruling of the majority of this 2ourt3 i.e., that the law is
constitutional and the death penalty should be imposed in this case.
JD5+5E"+5, the <ecision of the +egional 1rial 2ourt of <aet,
2amarines ?orte, in 2rim. 2ase ?o. $/=(($ finding the accused
+"<",E" *+7M*!* %C7,1I of 7?25S1C"CS +*!5 and imposing
on him the <5*1D penalty is *EE7+M5< with the modification that in
addition to the award of !0(,(((.(( for moral damages and !'(,(((.((
for e@emplary damages earlier granted by the court a Auo, the accused is
further ordered to pay his victim +osita 5ncinas the amount of
!40,(((.(( for civil indemnity.
,et the records of this case, upon finality of this <ecision, be
forwarded to Dis 5@cellency, the !resident, for the possible e@ercise of
his pardoning power. 2osts de oficio. pr,,
S" "+<5+5<.
<avide, >r., 2 .> ., -ellosillo, Melo, !uno, ;itug, 6apunan, MendoBa,
!anganiban, Fuisumbing, !urisima, -uena, %onBaga=+eyes, Inares=
Santiago and <e ,eon, >r., >> ., concur.
!ardo, > ., on leave.
S52. #. !lea of guilty to non=capital offense3 reception of
evidence, discretionary. Jhen the accused pleads guilty to
a non=capital offense, the court may receive evidence from
the parties to determine the penalty to be imposed. #)
Plea of (uilt! to -on.2apital A@ense
1. E@ect%
T)e cor% ma/ recei$e e$idence +rom %)e 'ar%ie&
2. Purpose%
To de%ermine %)e 'enal%/ %o Ae im'o&ed
1. &c?uittal despite plea of guilt!
People 0. 4endo/a
231 S2)& =2#
4arch 1#, 155#
'irst Di0ision% 7ellosillo, 8.
'acts%
T7o 'er&on& 7ere c)ar(ed 7i%) %)e+%. One 'leaded (il%/
7)ile %)e o%)er c)o&e %o (o %o %rial. T)e cor% )eld in aAe/ance
Ed(men% in&o+ar a& %)e acc&ed 7)o 'leaded (il%/ n%il %rial i&
com'le%ed a& %o %)e o%)er acc&ed. A+%er %rial# %)e cor% ac;i%%ed
Ao%) acc&ed.
Issue%
W)ere an acc&ed 'lead& (il%/# m&% )e a%oma%icall/ Ae
con$ic%edJ
9eld%
No. T)ere i& no rle 7)ic) 'ro$ide& %)a% &im'l/ Aeca&e %)e
acc&ed 'leaded (il%/ %o %)e c)ar(e %)a% )i& con$ic%ion
a%oma%icall/ +ollo7&. Addi%ional e$idence inde'enden% o+ %)e
'lea ma/ Ae con&idered %o con$ince %)e Ed(e %)a% i% 7a&
in%elli(en%l/ made. Admi%%edl/# %)e 'rocedre +ollo7ed A/ %)e
Ed(e 7a& no% %)e normal cor&e. T)e cor% &)old )a$e
con&idered %)e 'lea a& 7i%)dra7n and# in i%& 'lace# ordered a 'lea
o+ no% (il%/ en%ered. T)ere 7a& no &%andin( 'lea a% %)e %ime %)e
cor% rendered i%& Ed(men% o+ ac;i%%al )ence &aid ac;i%%al 7a&
a nlli%/. <e %)a% a& i% ma/# )o7e$er# in %)e in%ere&% o+ &A&%an%ial
E&%ice# &c) 'rocedral error canno% 're$ail o$er %)e
con&%i%%ional ri()% o+ %)e acc&ed %o Ae 're&med innocen% n%il
%)e con%rar/ i& 'ro$ed. O%&ide o+ )i& im'ro$iden% 'lea o+ (il%#
%)ere i& aA&ol%el/ no e$idence a(ain&% )im. I% i& +or %)i& rea&on
%)a%# e$en pro hac vice# %)e ac;i%%al m&% Ae &&%ained.
F: 2an there be reception of evidence if the accused enters a plea of
guilty to a non=capital offenseO
*: I5S. 1here is no need for the presentation of evidence but if the
court wants it, pwede rin, the court can till reAuire it. 1hat is why
reception of evidence is discretionary to determine the penalty to be
imposed.
Dowever, there appears to be something wrong in !eople vs.
MendoBa because the records will show that he pleaded guilty and
yet he was acAuitted, so let us harmoniBe the record. 1he correct
procedure, according to the S2, is for the judge to order the
withdrawal of the plea of guilty and substitute it with a plea of not
guilty.
1his principle has been embodied in Section 1GdH :Jhen the accused
pleads guilty but presents e@culpatory evidence, his plea shall be deemed
withdrawn and a plea of not guilty shall be entered for him. n)9
S52. 0. Jithdrawal of improvident plea of guilty. *t any
time before the judgment of conviction becomes final, the
court may permit an improvident plea of guilty to be
withdrawn and be substituted by a plea of not guilty.
Withdrawal of Impro0ident Plea of (uilt!
1. When it can e done%
A% an/ %ime Ae+ore %)e Ed(men% o+ con$ic%ion Aecome& !nal
2. E@ect when withdrawal is made%
T)e (il%/ 'lea &)all Ae &A&%i%%ed A/ a 'lea o+ NOT (il%/
1. When to raise impro0ident plea
a. )aising issue on appeal
People 0. Salamillo
#6# S2)& 211
8une 23, 2663
En 7anc% Sando0al.(utierre/, 8.
'acts%
Acc&ed 7a& c)ar(ed 7i%) roAAer/ 7i%) )omicide. 0e
'leaded (il%/# A% drin( %)e %rial )e %e&%i!ed %)a% )e did &o
Aeca&e a 'oliceman %)rea%ened %o Iill )im i+ )e 'leaded no%
(il%/. On a%oma%ic re$ie7 a+%er )e 7a& &en%enced %o dea%)# )e
rai&ed %)e i&&e %)a% )i& 'lea 7a& im'ro$iden%l/ made.
Issue%
S)old acc&ed Ae allo7ed %o maIe a 7i%)dra7al o+ )i& 'lea
o+ (il%/J
9eld%
No. Sec. -# Rle 118 o+ %)e Re$i&ed Rle& o+ Criminal
Procedre 'ro$ide& %)a% Ka% an/ %ime Ae+ore %)e Ed(men% o+
con$ic%ion Aecome& !nal# %)e cor% ma/ 'ermi% an im'ro$iden%
'lea o+ (il%/ %o Ae 7i%)dra7n and Ae &A&%i%%ed A/ a 'lea o+ no%
(il%/.L T)e %enor o+ %)e ;o%ed 'ro$i&ion i& clear. T)ere &)old Ae
a ca%e(orical declara%ion +rom %)e acc&ed %)a% )e i& 7i%)dra7in(
)i& 'lea o+ (il%/ and &A&%i%%in( i% 7i%) a 'lea o+ no% (il%/. In
%)i& ca&e# %)ere i& no%)in( in %)e record& %o &)o7 %)a% acc&ed
!led a mo%ion %o 7i%)dra7 )i& 'lea o+ (il%/ or %)a% )e# in an/
manner# mani+e&%ed ne;i$ocall/ %)a% )e 7a& 7i%)dra7in( )i&
'lea. 0i& %e&%imon/ drin( %rial i& no% a 'o&i%i$e and ca%e(orical
declara%ion %)a% )e 7a& 7i%)dra7in( )i& 'lea o+ (il%/. Wi%)o%
an/ ne;i$ocal ac% on )i& 'ar%# %)e %rial cor% cold no% a&&me
%)a% )e 7a& 7i%)dra7in( )i& ori(inal 'lea.
. )aising issue after fnalit! of "udgment
Palo 0. 4ilitante
11# S2)& 353
&pril 11, 1556
Second Di0ision% )egalado, 8.
'acts%
Acc&ed 'leaded (il%/ %o ille(al 'o&&e&&ion o+ mariEana on
%)e nder&%andin( %)a% %)e 'enal%/ %o Ae im'o&ed 7old ;ali+/
)im +or 'roAa%ion. T)e Ed(e &en%enced )im %o 8 /ear& and 1 da/.
0e a''lied +or 'roAa%ion and %)e Ed(e ordered %)e 'roAa%ion
o?cer %o condc% a 'o&%C&en%ence in$e&%i(a%ion. Reali6in( %)a%
acc&ed 7a& no% ;ali!ed# %)e Ed(e la%er denied %)e a''lica%ion.
Issue%
1a/ acc&ed 7i%)dra7 )i& 'lea o+ (il%/ on %)e (rond %)a% i%
7a& im'ro$iden%l/ madeJ
9eld%
No. Sec. =# Rle 1"> o+ %)e Rle& on Criminal Procedre i&
eG'lici% %)a% a Ed(men% in a criminal ca&e Aecome& !nal 7)en %)e
acc&ed )a& a''lied +or 'roAa%ion. T)i& i& %o%all/ in accord 7i%)
Sec. , o+ P.D. F8D# o%)er7i&e Ino7n a& %)e ProAa%ion La7 o+ 1F=8#
a& amended# 7)ic) in 'ar% 'ro$ide& %)a% %)e !lin( o+ an
a''lica%ion +or 'roAa%ion i& deemed a 7ai$er o+ %)e ri()% %o
a''eal. In o%)er 7ord&# %)e Ed(men% ipso facto a%%ain& !nali%/#
al%)o() i% i& no% /e% eGec%or 'endin( re&ol%ion o+ %)e
a''lica%ion +or 'roAa%ion. T)&# %)e Ed(men% )a$in( Aecome
!nal# %)e Ed(e i& no% $e&%ed 7i%) an/ di&cre%ion %o allo7 %)e
alle(ed im'ro$iden% 'lea o+ (il%/ %o Ae 7i%)dra7n and Ae
&A&%i%%ed A/ a 'lea o+ no% (il%/.
F: 2an a plea of guilty be withdrawnO
*: I5S.
F: Suppose there is already a judgment of conviction, can he still
withdrawO
*: I5S, as long as the judgment of conviction is not yet final.
S52. /. <uty of court to inform accused of his right to
counsel. -efore arraignment, the court shall inform the
accused of his right to counsel and as8 him if he desires to
have one. Cnless the accused is allowed to defend himself in
person or has employed counsel of his choice, the court must
assign a counsel de officio to defend him. /a)
)ight of the &ccused to 2ounsel
1. <he accused has a right to e assisted ! counsel
during his trial
2. 7efore arraignment + the court shall%
1. in+orm )im o+ &c) ri()%# and
". a&I )im i+ )e de&ire& %o )a$e one
3. <he court must assign a counsel de ofcio to defend the
accused, unless%
1. )e i& allo7ed %o de+end )im&el+ in 'er&on# or
". )e )a& em'lo/ed con&el o+ )i& c)oice
1. Duties of the court efore arraignment
People 0. &ga!ani
21# S2)& 313
8anuar! 1=, 1551
En 7anc% Per curiam
,uestion%
W)a% are %)e , d%ie& o+ %)e cor% nder Sec. 8# Rle 118 o+
%)e Re$i&ed Rle& o+ Cor%J
&nswer%
T)e ,C+old d%ie& nder Sec. 8 o+ Rle 118 o+ %)e Rle& o+
Cor%# areM 415 %o in+orm %)e acc&ed %)a% )e )a& %)e ri()% %o )a$e
)i& o7n con&el Ae+ore Aein( arrai(ned9 4"5 a+%er (i$in( &c)
in+orma%ion# %o a&I acc&ed 7)e%)er )e de&ire& %)e aid o+ con&el9
4*5 i+ )e &o de&ire& %o 'rocre %)e &er$ice& o+ con&el# %)e cor%
m&% (ran% )im rea&onaAle %ime %o do &o9 and 4,5 i+ )e &o de&ire&
%o )a$e con&el A% i& naAle %o em'lo/ one# %)e cor% m&%
a&&i(n con&el de o7cio %o de+end )im.
Section / should be read with the ruling of the S2 in the leading case
of !5"!,5 ;S D",%*<" .0 !hil. 40&). 7n the said case, S2
enumerated the duties of the court when the accused appears before it
without a lawyer. 1he following are the duties of the court:
1.)1he court must inform the accused that it is his right to have an
attorney before being arraigned3
&.)*fter giving him such information, the court must as8 him if he
desires the aid of an attorney3
'.)7f he desires but is unable to employ an attorney, the court must
assign an attorney de oficio to defend him3 and
#.)7f the accused desires to procure an attorney of his own, the
court must grant him a reasonable time therefor.
S52. 4. *ppointment of counsel de oficio. 1he court,
considering the gravity of the offense and the difficulty of the
Auestions that may arise, shall appoint as counsel de officio such
members of the bar in good standing who, by reason of their
e@perience and ability, can competently defend the accused. -ut
in localities where such members of the bar are not available,
the court may appoint any person, resident of the province and
of good repute for probity and ability, to defend the accused.
4a)
&ppointment of Counsel de Ofcio
1. What the court must consider efore appointing a
counsel de ofcio for the accused%
1. %)e (ra$i%/ o+ %)e oBen&e# and
". %)e di?cl%/ o+ %)e ;e&%ion& %)a% ma/ ari&e
2. Whom can the court appoint as counsel de ofcio%
1. &c) memAer& o+ %)e Aar in (ood &%andin( 7)o# A/ rea&on
o+ %)eir
eG'erience and aAili%/# can com'e%en%l/ de+end %)e acc&ed
". in locali%ie& 7)ere &c) memAer& o+ %)e Aar are no%
a$ailaAle T an/
'er&on# re&iden% o+ %)e 'ro$ince and o+ (ood re'%e +or
'roAi%/ and aAili%/#
%o de+end %)e acc&ed
1. &pplicailit! during trial
Sa!son 0. People
1== S2)& =16
Actoer 21, 1511
<hird Di0ision% 2ortes, 8.
Issue%
W)ere acc&ed a''ear& +or %rial 7i%)o% con&el and )i&
mo%ion +or 'o&%'onemen% i& denied# i& %)e cor% re;ired %o
a''oin% con&el de o7cio% +or )imJ
9eld%
No. T)e d%/ o+ %)e cor% %o a''oin% a con&el de o7cio 7)en
%)e acc&ed )a& no con&el o+ c)oice and de&ire& %o em'lo/ %)e
&er$ice& o+ one i& manda%or/ onl/ a% %)e %ime o+ arrai(nmen%. T)i&
i& no lon(er &o 7)ere %)e acc&ed )a& 'roceeded 7i%) %)e
arrai(nmen% and %)e %rial 7i%) a con&el o+ )i& c)oice A% 7)en
%)e %ime +or %)e 're&en%a%ion o+ %)e e$idence +or %)e de+en&e )a&
arri$ed# )e a''ear& A/ )im&el+ alone and %)e aA&ence o+ )i&
con&el 7a& ineGc&aAle.
S52. .. 1ime for counsel de oficio to prepare for
arraignment. Jhenever a counsel de oficio is appointed by the
court to defend the accused at the arraignment, he shall be given
a reasonable time to consult with the accused as to his plea
before proceeding with the arraignment. .)
Postponement of arraignment
&r?uero 0. 4endo/a
313 S2)& 363
Septemer 36, 1555
Second Di0ision% 4endo/a, 8.
'acts%
Acc&ed a''eared 7i%) ne7 con&el on %)e da/ o+
arrai(nmen% 7)o a&Ied +or 'o&%'onemen% on %)e (rond %)a% )i&
&er$ice& )ad E&% Aeen )ired.
Issue%
1a/ %)e cor% (ran% %)e 'o&%'onemen%J
9eld%
No. T)e )irin( o+ %)e ne7 con&el doe& no% E&%i+/ %)e
'o&%'onemen% o+ %)e arrai(nmen% o$er %)e &%ron( oAEec%ion o+ %)e
'ri$a%e 'ro&ec%or. Rle 118# D o+ %)e Rle& o+ Cor% 4'rior %o
amendmen%5 'ro$ide& %)a% K7)ene$er a con&el de o7cio i&
a&&i(ned A/ %)e Cor% %o de+end %)e acc&ed a% %)e arrai(nmen%#
)e &)all Ae (i$en a% lea&% one )or %o con&l% 7i%) %)e acc&ed a&
%o )i& 'lea Ae+ore 'roceedin( 7i%) %)e arrai(nmen%.L T)ere i& no
rea&on 7)/ a diBeren% rle &)old Ae a''lied %o a con&el de
parte 7)o&e &er$ice& )a$e E&% Aeen en(a(ed A/ %)e acc&ed.
T)ere 7a& aA&ol%el/ no rea&on 7)/ con&el cold no% )a$e Aeen
re;ired %o con+er 7i%) %)e acc&ed 7i%)in a &)or%er 'eriod %o
're'are )er +or %)e arrai(nmen%.
Pre<Arra#gn'ent Re'e#es
*.) Motion for -ill of !articulars
S52. $. -ill of particulars. 1he accused may, before
arraignment, move for a bill of particulars to enable him
properly to plead and prepare for trial. 1he motion shall specify
the alleged defects of the complaint or information and the
details desired. 1(a)
Section $ is similar to +ule 1& on bill of particulars. 7f the complaint
is vague and ambiguous, the defendant in a civil case can more for a bill
of particulars. 2ounterpart, if the allegations in the information are also
vague and ambiguous, :7 cannot understand it, so 7 cannot intelligently
enter my plea.9 1he accused, before arraignment, can move for a bill of
particulars to enable him to prepare properly for the trial. 1hen he must
specify the defects.
7ill of Particulars
1. When accused can mo0e for a ill of
particulars%
Ae+ore arrai(nmen%
2. Purpose for mo0ing for a ill of particulars%
%o enaAle %)e acc&ed 'ro'erl/ %o 'lead and
're'are +or %rial
3. What the motion shall specif!%
1. %)e alle(ed de+ec%& o+ %)e com'lain% or
in+orma%ion# and
". %)e de%ail& de&ired
1. Indefnite date of commission
)ocaerte 0. People
153 S2)& 132
8anuar! 23, 1551
'irst Di0ision% -ar0asa, 8.
,uestion%
W)a% i& %)e remed/ o+ %)e acc&ed 7)ere %)e
in+orma%ion +ail& %o &%a%e &'eci!call/ %)e %ime o+ %)e
commi&&ion o+ %)e oBen&eJ
&nswer%
T)e remed/ o+ %)e acc&ed i& %o !le a mo%ion +or a
Aill o+ 'ar%iclar&# 'ro$ided +or in Sec. 8# Rle 118 o+ %)e
Rle& o+ Cor%. A de+ec% in %)e a$ermen% a& %o %)e %ime
o+ %)e commi&&ion o+ %)e crime i& no% a (rond +or a
mo%ion %o ;a&). E$en i+ i% 7ere# a mo%ion %o ;a&) on
%)a% accon% 7ill Ae denied &ince %)e de+ec% i& one %)a%
can Ae cred A/ amendmen%9 in&%ead# %)e cor% &)all
order %)e amendmen% %o Ae made A/ &%a%in( %)e %ime
7i%) 'ar%iclari%/.
2. )aising issue on appeal
People 0. 'lores
3:# S2)& =31
8anuar! 23, 2662
'irst Di0ision% Puno, 8.
,uestion%
1a/ an acc&ed rai&e %)e i&&e o+ %)e $a(ene&&
o+ %)e in+orma%ion a+%er )i& con$ic%ion and 7)ile %)e
ca&e i& on a''ealJ
&nswer%
No. I+ %)e com'lain% a(ain&% acc&ed 7a& aZic%ed
A/ %)e $ice o+ $a(ene&&# )i& remed/ i& %o !le a mo%ion
+or Aill o+ 'ar%iclar& in accordance 7i%) Sec. 1># Rle
118 o+ %)e Rle& o+ Cor%. T)e +ailre %o mo$e +or
;a&)al o+ %)e in+orma%ion on an/ o+ %)e (rond&
'ro$ided +or in %)e Rle& de'ri$e& acc&ed o+ %)e ri()%
%o oAEec% %o e$idence 7)ic) cold Ae la7+ll/ in%rodced
and admi%%ed nder an in+orma%ion o+ more or le&&
(eneral %erm& A% 7)ic) &?cien%l/ c)ar(e& %)e
acc&ed 7i%) a de!ni%e crime. I% i& %oo la%e +or acc&ed
%o rai&e %)i& i&&e no7 Aeca&e oAEec%ion& a& %o ma%%er&
o+ +orm and &A&%ance in %)e in+orma%ion can no% Ae
made +or %)e !r&% %ime on a''eal.
3. &0ailailit! during preliminar! in0estigation
2inco 0. Sandigana!an
262 S2)& :2=
Actoer 13, 1551
En 7anc% 4edialdea, 8.
Issue%
1a/ a re&'onden% a$ail o+ %)e 'rocedre +or a Aill
o+ 'ar%iclar& drin( a 'reliminar/ in$e&%i(a%ionJ
9eld%
No. T)e in$e&%i(a%in( !&cal )a& di&cre%ion %o
de%ermine %)e &'eci!ci%/ and ade;ac/ o+ a$ermen%& o+
%)e oBen&e c)ar(ed. 0e ma/ di&mi&& %)e com'lain%
+or%)7i%) i+ )e !nd& i% %o Ae in&?cien% in +orm or
&A&%ance. I% i& no% onl/ )i& d%/ %o re;ire a more
'ar%iclar &%a%emen% o+ %)e alle(a%ion& o+ %)e com'lain%
merel/ 'on mo%ion# and &'eciall/ 7)ere a+%er an
anal/&i& o+ %)e com'lain% and i%& &''or%in( &%a%emen%&
)e !nd& i% &?cien%l/ de!ni%e %o a''ri&e re&'onden% o+
%)e oBen&e 7i%) 7)ic) )e i& c)ar(ed. A Aill o+
'ar%iclar& a''ear& %o )a$e re+erence %o an in+orma%ion
!led in a com'e%en% cor% 'on 7)ic) acc&ed i&
arrai(ned# and &%ric%l/ &'eaIin( )a& no a''lica%ion %o
com'lain%& ini%ia%in( a 'reliminar/ in$e&%i(a%ion 7)ic)
canno% re&l% in an/ !ndin( o+ (il%# A% onl/ o+
'roAaAle ca&e.
-.)<iscovery
S52. 1(. !roduction or inspection of material evidence in possession
of prosecution. Cpon motion of the accused showing good cause
and with notice to the parties, the court, in order to prevent surprise,
suppression, or alteration, may order the prosecution to produce and
permit the inspection and copying or photographing of any written
statement given by the complainant and other witnesses in any
investigation of the offense conducted by the prosecution or other
investigating officers, as well as any designated documents, papers,
boo8s, accounts, letters, photographs, object, or tangible things not
otherwise privileged, which constitute or contain evidence material to
any matter involved in the case and which are in the possession or
under the control of the prosecution, police, or other law investigating
agencies. 11a)
Section 1( deals also with a mode of discovery production and
inspection of material evidence in the possession of the prosecution. ?ot
only that, the accused can have access to all evidence in the possession
not only of the prosecution but including those in the possession and
control of the police and other law investigating agencies. 1a8e note, if
we follow the case of ,7M ;S E5,7P, >+, when the case is filed by the
fiscal, meron namang 8aunting ebidensya na dun, so that, the judge can
review and find out if there is probable cause, but it is not really all.
Production and Inspection of 4aterial E0idence
1. )e?uisites%
1. T)e acc&ed m&% !le a 1OTION &)o7in( (ood
ca&e# and
". T)ere m&% Ae NOTICE %o %)e 'ar%ie&
2. Purpose of production%
To 're$en% &r'ri&e# &''re&&ion or al%era%ion
3. 9ow the court shall resol0e the motion + It ma!
order the prosecution%
1. %o 'rodce and 'ermi% %)e in&'ec%ion and co'/in( or
')o%o(ra')in( o+M
1. an/ 7ri%%en &%a%emen% (i$en A/ %)e com'lainan%
and o%)er
7i%ne&&e& in an/ in$e&%i(a%ion o+ %)e oBen&e condc%ed A/
%)e 'ro&ec%ion or o%)er in$e&%i(a%in( o?cer&#
". an/ de&i(na%ed docmen%&# 'a'er&# AooI&# accon%&#
le%%er&# ')o%o(ra')&# oAEec%&# or %an(iAle %)in(&
". No% o%)er7i&e 'ri$ile(ed#
*. W)ic) con&%i%%e or con%ain e$idence ma%erial %o an/
ma%%er in$ol$ed in
%)e ca&e# and
,. W)ic) are in %)e 'o&&e&&ion or nder %)e con%rol o+M
1. %)e 'ro&ec%ion#
". %)e 'olice# or
*. o%)er la7 in$e&%i(a%in( a(encie&
F: So if the accused wants to see other evidence and the fiscal
refuses, can the accused file a motion to compel the fiscal to revealO
*: I5S, because ta8e note of +ule 11&, Section . GbH, the records of
the preliminary investigation do not form part of the records of the case
when it reaches the court. 1hat is why your remedy is to have them
inspected. ,et us good bac8 to +ule 11&, Section .:
+ule 11&, Section .GbH +ecord of preliminary investigation.
1he record of the preliminary investigation, whether conducted
by a judge or a prosecutor, shall not form part of the record of
the case. Dowever, the court, on its own initiative or on motion
of any party, may order the production of the record or any of its
part when necessary in the resolution of the case or any incident
therein, or when it is to be introduced as an evidence in the case
by the reAuesting party.
*nother interesting case here on Section 1( is the ruling in
J5-- vs. <5 ,5"?
&#4 S2+*
E*21S: Iou 8now the story of Dubert Jebb, the convict in
that ;iBconde rape=homicide case. Somehow the defense
discovered that there were two &) affidavits of >essica *lfaro
the State witness) which were e@ecuted before the ?-7. "f
course what was presented by the ?-7 to the <"> was only one.
So, the defense filed a motion to compel the ?-7 to produce the
other affidavit. 1his happened when the case was under
preliminary investigation.
7SSC5: 2an you apply Section 1( when the case is still in the
fiscalLs officeO -ecause if you read Section 1(, it applies when
the case is already in court. 1he same with Section $. 2an the
mode of discovery under the +ules of 2ourt in criminal cases
apply during the preliminary investigationO
D5,<: :1he issue is novel in this jurisdiction as it urges an
e@pansive reading of the right of persons under preliminary
investigation. 7t deserves serious consideration. So, the S2 was
intrigued: can you invo8e the rights of an accused during the
trial when he is still under preliminary investigationO9
:1o start with, our rules in criminal procedure does not
e@pressly provide for discovery proceedings during a
preliminary investigation stage of the criminal proceeding. -ut
the S2 noted, :1his failure to provide discovery procedure
during preliminary investigation does not, however, negate its
use by a person under investigation when indispensable to
protect his constitutional fight to life, liberty and property.
!reliminary investigation is not too early a stage to guard
against any significant erosion of the constitutional right to due
process of a potential accused. that the finding of a probable
cause by itself subjects the suspects life, liberty and property to
real ris8 of loss or diminution. 1he fact that the law is silent
does not mean that it does not apply. Meaning, even if it is
under preliminary investigation, your liberty is already in
danger.) 1he right to discovery is rooted on the constitutional
protection of due process which we rule to be operational even
during the preliminary investigation of potential accused.9
:7n laying down this rule, the 2ourt is not without
enlightened precedents from other jurisdictions. 1he rationale is
well put by >ustice -rennan in -rady :society wins not only
when the guilty are convicted but when criminal trials are fair.9
7ndeed, prosecutors should not treat litigation li8e a game of
po8er where surprises can be sprung and where gain by guile is
not punished.9
So, the prosecutor should not hide anything because his job is not to
convict but to see to it that justice is done. 7Lve been reading lately S2
recent decisions along that line na naman, where the S2 said that your
job Mr. Eiscal is not to convict, but see8 that justice is done. Jhen you
have no evidence, do not file. Jhen there is no evidence in court, you
move to dismiss the case i8aw mismoV <o no insist in trying the case.
*nd there was one decision where the S2 said, :Jhat is the greatest
achievement or moment of a prosecutorO9 Some may say when pagna=
convict niya ang accused. 1hat is an achievement but is it not the
greatest on your part. 1he greatest achievement on you part is when you
as8 the court to dismiss the case because there is no evidence to convict
the accused. 1hat is the greatest achievement because that is your job
to see to it that justice is done.
2.Suspension of *rraignment
S52. 11. Suspension of arraignment. Cpon motion by
the proper party, the arraignment shall be suspended in the
following cases:
a) 1he accused appears to be suffering from an unsound
mental condition which effectively renders him unable to
fully understand the charge against him and to plead
intelligently thereto. 7n such case, the court shall order his
mental e@amination and, if necessary, his confinement for
such purpose3
b) 1here e@ists a prejudicial Auestion3 and
c) * petition for review of the resolution of the prosecutor
is pending at either the <epartment of >ustice, or the "ffice
of the !resident3 provided, that the period of suspension shall
not e@ceed si@ty /() days counted from the filing of the
petition with the reviewing office. 1&a)
1. Suspension of *rraignment
Sec. 11
Suspension of &rraignment
1. )e?uisites for Suspension%
1. T)e 'ro'er 'ar%/ m&% !le a 1OTION +or
&&'en&ion# and
". T)e 'ro'er (rond m&% Ae 're&en%
2. (rounds for suspension%
1. T)e acc&ed a''ear& %o Ae &Berin( +rom an
UNSOUND 1ENTAL CONDITION 7)ic) eBec%i$el/
render& )im naAle %o +ll/ nder&%and %)e c)ar(e
a(ain&% )im and %o 'lead in%elli(en%l/ %)ere%o9
E@ect + T)e cor% &)all order )i& men%al eGamina%ion
and# i+ nece&&ar/# )i& con!nemen% +or &c) 'r'o&e
". T)ere eGi&%& a PRE.UDICIAL @UESTION9 and
*. A PETITION FOR REVIEW o+ %)e re&ol%ion o+ %)e
'ro&ec%or i& 'endin( a% ei%)er %)e De'ar%men% o+
.&%ice# or %)e O?ce o+ %)e Pre&iden%
9owe0er T %)e 'eriod o+ &&'en&ion &)all no%
eGceed 8> da/& con%ed +rom %)e !lin( o+ %)e 'e%i%ion
7i%) %)e re$ie7in( o?ce
1. Cnsound mental condition
People 0. &lcalde
312 S2)& =21
4a! 25, 2662
En 7anc% Da0ide, 8r., 28
'acts%
W)en acc&ed 7a& arrai(ned on Oc%. ""# 1FF=# )e
7a& &Berin( +rom n&ond men%al )eal%) A% )i&
con&el did no% mo$e +or %)e &&'en&ion o+ %)e
arrai(nmen%.
Issue%
Wa& %)ere 7ai$er o+ Sec. 11# Rle 118 o+ %)e
Re$i&ed Rle& on Criminal ProcedreJ
9eld%
No. Under Sec. 1" o+ %)e 1FD- Rle&# %)ere 7a& no
re;iremen% o+ a mo%ion Ae+ore &&'en&ion ma/ Ae
ordered A/ %)e cor%. I% i& onl/ nder Sec. 112a3 o+ %)e
Re$i&ed Rle& on Criminal Procedre 7)ere %)e
re;iremen% 7a& in%rodced. T)i& ne7 re;iremen% o+
Kmo%ion A/ %)e 'ro'er 'ar%/L cold no% Ae a''lied %o
%)i& ca&e Aeca&e %)e Re$i&ed Rle& o+ Criminal
Procedre# 7)ic) 're&criAe& &c) re;iremen%# %ooI
eBec% onl/ on Dec. 1# ">>>.
People 0. 4ala
#11 S2)& 32:
Septemer 11, 2662
'irst Di0ision% Da0ide, 8r., 28
'acts%
In a 'ro&ec%ion +or Sale o+ Dan(ero& Dr(&#
con&el +or %)e acc&ed mani+e&%ed %)a% )e 7a& no
lon(er 're&en%in( )i& clien% Aeca&e )e i& men%all/
de!cien%. T)e Ed(e added %)a% %)e o%)er (rond 7)/
%)e 7i%ne&& 7ill no% Ae 're&en%ed i& %)a% )i& %e&%imon/
7old Ae corroAora%i$e o+ %)e o%)er acc&ed.
W)ere'on# %)e 'ro&ec%or mani+e&%ed %)a% )e 7old
)a$e %)e &ame cro&&CeGamina%ion a& )e did %o %)e o%)er
acc&ed 7)o 7a& 're&en%ed. T)e %rial cor%
&A&e;en%l/ con$ic%ed %)e acc&ed and &en%enced )im
%o reclusion perpetua.
Issue%
I& %)e 'rocedre 'ro'erJ
9eld%
No. From %)e +ore(oin(# i% i& oA$io& %)a% acc&ed
7a& no% 7ellCre're&en%ed A/ con&el Ae+ore %)e %rial
cor%. I% a''ear& %)a% )i& con&el de o7cio did no% eGer%
eBor%& %o (e% %)e &ide o+ %)e acc&ed 7)en )e +ond i%
di?cl% %o commnica%e 7i%) )im 21ala3. Nei%)er did
%)e %rial cor% li+% a !n(er %o )a$e )im eGamined A/ a
')/&ician or %o en&re %)a% )i& de+en&e 7a& 'ro'erl/
nder%aIen. Sec. 11# Rle 118 o+ %)e Re$i&ed Rle& o+
Criminal Procedre 'ro$ide& +or %)e &&'en&ion o+ %)e
arrai(nmen% o+ an acc&ed 7)o a''ear& %o Ae &Berin(
+rom an n&ond men%al condi%ion. I% al&o im'o&e& a
d%/ 'on %)e cor% %o order )i& men%al eGamina%ion
and# i+ called +or# )i& con!nemen% +or &c) 'r'o&e. T)e
ca&e m&%# %)ere+ore# Ae remanded %o %)e %rial cor% +or
%)e rece'%ion o+ e$idence on )i& Ae)al+ or +or )i& men%al
eGamina%ion.
2. Pendenc! of appeal with DA8
People 0. Adilao
#2: S2)& =22
&pril 1#, 266#
Second Di0ision% &ustria.4artine/, 8.
'acts%
A+%er rein$e&%i(a%ion ordered A/ %)e RTC Ed(e
7)ere %)e ca&e 7a& 'endin(# %)e %rial 'ro&ec%or
recommended %)e di&mi&&al o+ %)e in+orma%ion a(ain&%
%)e acc&ed and !led a mo%ion %o di&mi&&. Pri$a%e
com'lainan%# )o7e$er# a''ealed %)e Rein$e&%i(a%ion
Re'or% %o %)e De'ar%men% o+ .&%ice and %)e RTC )eld in
aAe/ance %)e arrai(nmen% o+ %)e acc&ed and %)e
re&ol%ion on %)e mo%ion %o di&mi&& n%il %)e DO. &)all
)a$e re&ol$ed %)e 'e%i%ion +or re$ie7. A+%er %)e la'&e o+
one /ear# %)e RTC direc%ed %)e im'lemen%a%ion o+ %)e
eGi&%in( 7arran% o+ arre&% a(ain&% %)e acc&ed# A% %)e
CA# on cer%iorari# direc%ed %)e RTC %o de+er 'roceedin(&
%o a7ai% %)e re&ol%ion A/ %)e DO..
Issue%
Can %)e %rial cor% order 'roceedin(& %o con%ine
de&'i%e %)e 'endenc/ o+ an a''eal 7i%) %)e DO.J
9eld%
Ye&. Under Sec. 8# Rle 11"# o+ %)e Re$i&ed Rle&
on Criminal Procedre# %)e Ed(e &)all i&&e %)e 7arran%
i+ )e !nd& 'roAaAle ca&e a+%er 'er&onall/ e$ala%in(
%)e re&ol%ion o+ %)e 'ro&ec%or and i%& &''or%in(
e$idence. T)&# in Solar Team En%er%ainmen% $&. 0o7
4**D SCRA -115# %)e Cor% )eld %)&M
3%t bears stressing that the court is however not
bound to adopt the resolution of the !ecretar" of
<ustice since the court is mandated to independentl"
evaluate or assess the merits of the case, and ma"
either agree or disagree with the recommendation of
the !ecretar" of <ustice. 'eliance alone on the
resolution of the !ecretar" of <ustice would be an
abdication of the trial court;s dut" and Iurisdiction to
determine prima facie case.5
E$iden%l/# 7)en %)e RTC Ed(e i&&ed %)e order# i%
7a& merel/ 'er+ormin( )i& manda%ed d%/ %o 'er&onall/
de%ermine %)e eGi&%ence o+ 'roAaAle ca&e and %)&
arri$e a% a re&ol%ion o+ %)e mo%ion %o di&mi&&. 0a$in(
+ond 'roAaAle ca&e# %)e RTC ac%ed 7ell 7i%)in i%&
a%)ori%/ in den/in( &aid mo%ion %o di&mi&& and# &ince
in %)e 're&en% ca&e# a 7arran% o+ arre&% )ad alread/
Aeen i&&ed and onl/ %)e &er$ice %)ereo+ )ad Aeen
con%ermanded# %)e RTC Ed(e 7a& al&o correc% in
orderin( %)e im'lemen%a%ion o+ %)e 're$io&l/ i&&ed
7arran% o+ arre&%.
T)e 'roceedin(& in %)e criminal ca&e 'endin( in
%)e RTC )ad Aeen )eld in aAe/ance lon( eno(). Under
Sec. 11# Rle 118# %)e &&'en&ion o+ arrai(nmen% o+ an
acc&ed in ca&e& 7)ere a 'e%i%ion +or re$ie7 o+ %)e
re&ol%ion o+ %)e 'ro&ec%or i& 'endin( a% ei%)er %)e DO.
or %)e O?ce o+ %)e Pre&iden% K&)all no% eGceed 8> da/&
con%ed +rom %)e !lin( o+ %)e 'e%i%ion 7i%) %)e
re$ie7in( o?ce.L W)en %)e RTC ordered %)e
im'lemen%a%ion o+ %)e 7arran% o+ arre&%# %)ere 7a&
more %)an am'le %ime %o (i$e 'ri$a%e com'lainan% %)e
o''or%ni%/ %o oA%ain a re&ol%ion o+ )er 'e%i%ion +or
re$ie7 +rom %)e DO..
4arcelo 0. 2&
233 S2)& 35
&ugust #, 155#
En 7anc% Da0ide, 8r., 8.
'acts%
Acc&ed# 7)o 7ere c)ar(ed 7i%) +al&i!ca%ion#
a&Ied +or a re$ie7 o+ %)e re&ol%ion Ae+ore %)e Ci%/
Pro&ec%or o+ %)e !ndin( 'roAaAle ca&e and a% %)e
&ame %ime re;e&%ed %)e %rial cor% %o de+er
'roceedin(&. T)e Ci%/ Pro&ec%or e$en%all/ mo$ed +or
%)e 7i%)dra7al o+ %)e in+orma%ion# A% %)e 'ri$a%e
'ro&ec%or a''ealed %o %)e De'ar%men% o+ .&%ice.
1ean7)ile# %)e in+orma%ion 7a& di&mi&&ed. T)e DO.
re$er&ed %)e Ci%/ Pro&ec%or and ordered %)e re!llin( o+
%)e di&mi&&ed in+orma%ion. W)en %)e in+orma%ion 7a&
!led in ano%)er Aranc) o+ %)e RTC# acc&ed mo$ed %o
;a&) %)e &ame on %)e (rond %)a% %)e DO. )ad no
a%)ori%/ %o order reC!lin(. T)e RTC denied %)e mo%ion.
Issue%
I& %)e RTC correc%J
9eld%
Ye&. T)e mo%ion o+ %)e Ci%/ Pro&ec%or a&Iin( +or
%)e 7i%)dra7al o+ %)e ori(inal in+orma%ion 7a&
'rema%rel/ !led# Aeca&e a& %o %)e !r&%# %)e 'eriod o+
%)e oBended 'ar%/ %o a''eal +rom %)e re&ol%ion %o %)e
Secre%ar/ o+ .&%ice )ad no% /e% la'&ed or e$en Ae(n#
%)ere Aein( no &)o7in( o+ %)e da%e %)e oBended 'ar%/
recei$ed a co'/ %)ereo+. Accordin(l/# 7e rle %)a% %)e
%rial cor% in a criminal ca&e 7)ic) %aIe& co(ni6ance o+
a mo%ion +or re$ie7 !led A/ acc&ed o+ %)e re&ol%ion o+
%)e in$e&%i(a%in( 'ro&ec%or or +or rein$e&%i(a%ion and
de+er& %)e arrai(nmen% n%il re&ol%ion o+ %)e &aid
mo%ion m&% ac% on %)e re&ol%ion re$er&in( %)e
in$e&%i(a%in( 'ro&ec%orP& !ndin( or on a mo%ion %o
di&mi&& Aa&ed %)ereon onl/ 'on 'roo+ %)a% &c)
re&ol%ion i& alread/ !nal in %)a% no a''eal 7a& %aIen
%)ere+rom %o %)e DO..
Jhat are the grounds for suspending an arraignmentO 1here are three
and letLs go over them one by one.
a) 1he accused appears to be suffering from an unsound
mental condition which effectively renders him unable to
fully understand the charge against him and to plead
intelligently thereto. 7n such case, the court shall order his
mental e@amination and, if necessary, his confinement for
such purpose3
Jhen the accused is in an unstable condition, you cannot properly,
intelligently inform him of the nature of the charge. So e@ample: -uang,
unstable condition, ,et us suspend the arraignment. ,et us wait for his
recovery and as long as he is not yet recovered, the arraignment is
suspended indefinitely. Eor as long as he has not recovered, the
arraignment remains suspended.
-*+ FC5S17"? : Jhat are the legal effects of insanity or unsound
mental condition of the accusedO
*: 7t <5!5?<S as to when was he insane
1. Suppose he was insane at the time he committed the crime but
now he is "6, then that is not a ground for the suspension of the
arraignment, not even a ground for a motion to Auash unless the
information admits that he is insane when he committed the
crime in which case you can move to Auash under +ule 114,
Section ' GhH that the information contains averments which in
truth would constitute a legal e@cuse or justification.
-ut there is no prosecutor craBy enough to file an information
admitting that the accused was insane when he committed the
crime. 1hat is tantamount to admitting that he is e@empt from
liability. 7t is the defense who will prove insanity. So what is the
effectO Iou enter your plea of not guilty and letLs go to trial
and 7 will prove insanity as my defense.
&. Suppose he became insane when the case is set for arraignment
but he was normal when he committed the crimeO 1hen we
apply +ule 11/, Section 11 you move for the suspension of the
arraignment.
'. Suppose he became insane after the arraignmentO Iou move to
postpone the trial because he cannot adeAuately defend himself
if he is craBy. 1he trial should be suspended.
#. Suppose he became insane when he is already convicted and
serving sentenceO ,et us go bac8 to the !enal 2ode, *rticle ./
it is a ground for a motion for the suspension of the e@ecution
of the sentence.
Second ground:
b) 1here e@ists a prejudicial Auestion3
Jhen there is a prejudicial Auestion. >ust connect this with +ule 111,
Section / what do you mean by a prejudicial Auestion, the elements,
when do you raise them. Jhen the case is in court, suspend the trial,
suspend the arraignment, lets wait for the civil case to be decided.
1he third ground is new:
c) * petition for review of the resolution of the prosecutor
is pending at either the <epartment of >ustice, or the "ffice
of the !resident3 provided, that the period of suspension shall
not e@ceed si@ty /() days counted from the filing of the
petition with the reviewing office.
-ased on e@isting jurisprudence, when the prosecutor says :Eile the
case,9 technically, the accused can appeal that although generally that is
not appealable because of the M"%C, doctrine. *s a general rule, the
<"> should no longer entertain an appeal from the resolution of the
fiscal stating that the case should be filed because the court may not
follow the <">. 1hat is what happened in the case of Mogul.
1he problem is when the case reaches the court, in most cases, the
lawyer of the accused will move for the suspension of the arraignment
because he will say, :7 have a pending petition for review of the
resolution in the <">.9 *ccording to the circular of the <">, the petition
for review can only be entertained if the accuse has not been arraigned,
8ung na=arraign na, wala na. -ut normally courts will honor that. 1hat
court will say, :alright, let us suspend and wait for the resolution of the
<">.9 1hat is why it is a ground for suspension.
1he trouble is this: how long does it ta8e for the <"> to resolve itO 7f
they can resolve it within & or ' years, you are luc8y, the case cannot go
on because the <"> is not done yet. 1his has been the cause of delays.
1hatLs why the new rules says, :provided, the suspension will not e@ceed
/( days counted from the filing of the petition with the reviewing
office.9 1his is tantamount to the S2 indirectly telling the <"> or the
reviewing office !rovincial State !rosecutor) na :bilisan ninyo9. 7f the
petition is not acted within that period, letLs proceed with the
arraignment, :bahala na 8ayo dyanV9
*t least there is now a deadline. *nd that is good. 7 really li8e this
amendment. 7t is the accused who filed the petition for review who is
under pressure to pressure the <"> to resolve because the suspension
is only good for /( days. Cnli8e before where the pressure is in the
offended party because the case cannot run while the petition for review
is pending. ?ow, 7 do not 8now whether the <"> right now, can do in /(
days what they have been failed to do for years.
H. PRE<TRIAL)PRELIMINAR+ CONFERENCE
+ule 11.
!+5=1+7*,
S5217"? 1. !re=trial3 mandatory in criminal cases. 7n all
criminal cases cogniBable by the Sandiganbayan, +egional 1rial
2ourt, Metropolitan 1rial 2ourt, Municipal 1rial 2ourt in 2ities,
Municipal 1rial 2ourt and Municipal 2ircuit 1rial 2ourt, the court
shall, after arraignment and within thirty '() days from the date
the court acAuires jurisdiction over the person of the accused,
unless a shorter period is provided for in special laws or circulars
of the Supreme 2ourt, order a pre=trial conference to consider the
following:
a) plea bargaining3
b) stipulation of facts3
c) mar8ing for identification of evidence of the parties3
d) waiver of objections to admissibility of evidence3
e) modification of the order of trial if the accused admits
the charge but interposes a lawful defense3 and
f) such matters as will promote a fair and e@peditious trial
of the criminal and civil aspects of the case. secs. & and ',
cir. '.=$.)
Pre.<rial
1. I% &)all Ae manda%or/ in all criminal ca&e& co(ni6aAle A/ %)eM
1. Sandi(anAa/an#
". RTC#
*. 1TC# 1TCC# and 1CTC
". I% &)all Ae ordered A/ %)e cor% %o Ae )eldM
1. (eneral )ule + a+%er arrai(nmen% and 7i%)in *> da/&
+rom %)e da%e %)e cor% ac;ire& Eri&dic%ion o$er %)e 'er&on
o+ %)e acc&ed#
2. Cnless + a &)or%er 'eriod i& 'ro$ided +or in &'ecial la7& or
circlar& o+ %)e S'reme Cor%
*. I% &)all con&ider %)e +ollo7in(M
1. 'lea Aar(ainin(9
". &%i'la%ion o+ +ac%&9
*. marIin( +or iden%i!ca%ion o+ e$idence o+ %)e 'ar%ie&9
,. 7ai$er o+ oAEec%ion& %o admi&&iAili%/ o+ e$idence9
-. modi!ca%ion o+ %)e order o+ %rial i+ %)e acc&ed admi%& %)e
c)ar(eA% in%er'o&e& a la7+l de+en&e9 and
8. &c) ma%%er& a& 7ill 'romo%e a +air and eG'edi%ion& %rial o+
%)e criminal and ci$il a&'ec%& o+ %)e ca&e
G*H !,5* -*+%*7?7?%
!lea -argaining. 1hat is Section & of +ule 11/ is all about yung
tawaran tayo, plea of a lesser offense with the consent of the prosecutor
and the offended party.
?ow, there is only one 5P25!17"?: plea bargaining seems to be
prohibited under the <angerous <rugs *ct, Section &(=* when you are
charged with the violation of the <angerous <rugs *ct and the
imposable penalty is reclusion perpetua to death no plea bargainingV
-awalV
G-H S17!C,*17"? "E E*21S meaning, if we can agree on certain
facts, so that during the trial we do not have to prove them anymore.
1. Stipulation of facts
People 0. 9ernande/
2=6 S2)& 23
8anuar! 36, 155=
<hird Di0ision% 'rancisco, 8.
,uestion%
I& a &%i'la%ion o+ +ac%& allo7ed in criminal ca&e&J
&nswer%
Ye&. </ $ir%e o+ Rle 1D# Sec. " 2A3# a &%i'la%ion o+ +ac%& in
criminal ca&e& i& no7 eG're&&l/ &anc%ioned A/ la7. To eG'edi%e a
%rial A/ di&'en&in( 7i%) %)e 're&en%a%ion o+ e$idence on ma%%er&
%)a% %)e acc&ed i& 7illin( %o admi%# a &%i'la%ion o+ +ac%& &)old
Ae allo7ed no% onl/ drin( 'reC%rial A% al&o and 7i%) more
rea&on# drin( %rial 'ro'er. Paren%)e%icall/# al%)o() no% eG're&&l/
&anc%ioned nder %)e old rle& o+ cor%# a &%i'la%ion o+ +ac%& A/
%)e 'ar%ie& in criminal ca&e& )a& lon( Aeen allo7ed and
reco(ni6ed a& declara%ion& con&%i%%in( Edicial admi&&ion&#
)ence# Aindin( 'on %)e 'ar%ie&.
2. &doption of e0idence in another case
2hua.7urce 0. 2&
331 S2)& 1
&pril 2:, 2666
Second Di0ision% ,uisuming, 8.
'acts%
Drin( 'reC%rial# %)e 'ar%ie& a(reed %)a% %)e e$idence
addced in a ci$il ca&e in$ol$in( %)e &ame 'ar%ie& 7ill Ae ado'%ed
in %)e criminal ca&e. Sc) e$idence Aecame %)e Aa&i& o+ %)e
con$ic%ion o+ acc&ed.
Issue%
I& %)e 'rocedre 'ro'erJ
9eld%
Ye&. T)i& i& allo7ed nder Sec. "2e3 o+ Rle 11D o+ %)e Rle&
o+ Cor% 7)ic) 'ro$ide& %)a% drin( 'reC%rial con+erence# %)e
'ar%ie& &)all con&ider K&c) o%)er ma%%er& a& 7ill 'romo%e a +air
and eG'edi%io& %rial.L T)e 'ar%ie&# in com'liance 7i%) Sec. , o+
Rle 11D# redced %o 7ri%in( &c) a(reemen%. Acc&ed# )er
con&el# and %)e 'Alic 'ro&ec%or &i(ned %)e a(reemen%.
Acc&ed i& Aond A/ %)e 'reC%rial a(reemen%# and &)e canno% no7
Aela%edl/ di&a$o7 i%& con%en%&.
G2H M*+67?% E"+ 7<5?17E72*17"? "E 5;7<5?25 "E 1D5
!*+175S showing of the evidence already so that during the trial, they
can easily be identified.
G<H J*7;5+ "E "->5217"?S 1" *<M7SS7-7,71I "E
5;7<5?25 we will agree beforehand whether the evidence is
admissible or not.

G5H M"<7E72*17"? "E 1D5 "+<5+ "E 1+7*, 7E 1D5
*22CS5< *<M71S 1D5 2D*+%5 -C1 7?15+!"S5S * ,*JEC,
<5E5?S5
!aragraph GeH is new Modification of the order of trial if the
accused admits the charge but interposes a lawful defense.
Meaning, :7 am accused of homicide. 7 admit 7 8illed him but 7
acted in self=defense.9 1he prosecution will not present evidence
ahead because anyway you admitted the fact of 8illing the victim.
1his is what we call trial in reverse.
1his is because in relation to Section 11GeH, +ule 11$:
e) Jhen the accused admits the act or omission
charged in the complaint or information but interposes a
lawful defense, the order of trial may be modified.
GEH SC2D M*115+S *S J7,, !+"M"15 * E*7+ *?<
5P!5<717"CS 1+7*, "E 1D5 2+7M7?*, *?< 27;7, *S!521S
"E 1D5 2*S5.
F: 2an we discuss in a pre=trial of a criminal case settlement or
compromiseO
*: Ies but only with respect to the civil aspect only because we 8now
the rule that compromise in the criminal aspect is not allowed. -ut if we
tal8 about how to promote a fair and e@peditious trial of the criminal
aspect that is allowed because it has nothing to do with areglo.
S52. &. !re=trial agreement. *ll agreements or
admissions made or entered during the pre=trial conference
shall be reduced in writing and signed by the accused and
counsel, otherwise, they cannot be used against the accused.
1he agreements covering the matters referred to in section 1
of this +ule shall be approved by the court. sec. # cir. '.=$.)
Pre.<rial &greement
1. 4andator! re?uirements for an! agreement or
admission made or entered into during pre.trial
conference%
1. I% m&% Ae redced in 7ri%in(#
". I% m&% Ae &i(ned A/ %)e acc&ed and )i& con&el# and
*. I% m&% Ae a''ro$ed A/ %)e cor% i+ %)e a(reemen% co$er&
ma%%er&
re+erred %o in Sec. 1
2. 2onse?uence of not compl!ing with ao0e
re?uirements%
I% canno% Ae &ed a(ain&% %)e acc&ed
1. Cnsigned pre.trial agreement
People 0. &ncheta
#15 S2)& 36:
8anuar! 1#, 266#
En 7anc% >nares.Santiago, 8.
'acts%
For ra'in( )i& 1"C/ear old da()%er# acc&ed 7a& &en%enced
%o dea%) A/ %)e RTC. T)e in+orma%ion &'eci!call/ alle(ed %)e
;ali+/in( circm&%ance& o+ minori%/ and rela%ion&)i'# and %)e
circm&%ance o+ minori%/ 7a& 'ro$ed A/ %)e 're&en%a%ion o+ %)e
Air%) cer%i!ca%e o+ %)e $ic%im. In&o+ar a& rela%ion&)i'# drin( %)e
'reC%rial acc&ed admi%%ed %)a% %)e $ic%im i& )i& da()%er.
Issue%
I& %)e admi&&ion o+ acc&ed in %)e 'reC%rial a(reemen% 7)ic)
7a& no% &i(ned A/ )im &?cien% %o 'ro$e rela%ion&)i' %o E&%i+/
%)e im'o&i%ion o+ %)e dea%) 'enal%/J
9eld%
No. T)e +ac% %)a% acc&ed admi%%ed drin( 'reC%rial %)a% )e i&
%)e +a%)er o+ %)e $ic%im# %)& di&'en&in( 7i%) %)e need %o 're&en%
e$idence %o 'ro$e %)e &ame# 7ill no% E&%i+/ %)e RTCP& a''recia%ion
o+ %)e ;ali+/in( circm&%ance o+ rela%ion&)i'. T)e 'reC%rial order
&)o7& %)a% %)e &aid &%i'la%ion 7a& no% &i(ned A/ %)e acc&ed and
)i& con&el. 0ence# i% canno% Ae &ed a& e$idence a(ain&% )im a&
'ro$ided A/ Rle 11D# Sec. " o+ %)e Re$i&ed Rle& o+ Criminal
Procedre.L T)e &i(na%re o+ %)e acc&ed i& a manda%or/
re;iremen%.
2. &pplicailit! during trial
People 0. 9ernande/
2=6 S2)& 23
8anuar! 36, 155=
<hird Di0ision% 'rancisco, 8.
Issue%
Doe& %)e rle %)a% an a(reemen% or admi&&ion made or
en%ered drin( %)e 'reC%rial con+erence %o Ae reduced in writing
and signed b" the accused and his counsel Ae+ore %)e &ame ma/
Ae &ed in e$idence a(ain&% %)e acc&ed CCC e;all/ a''l/ %o a
&%i'la%ion o+ +ac%& made drin( %rialJ
9eld%
No. A &%i'la%ion o+ +ac%& en%ered in%o A/ %)e 'ro&ec%ion and
de+en&e con&el drin( %rial in o'en cor% i& a%oma%icall/
redced in%o 7ri%in( and con%ained in %)e o?cial %ran&cri'% o+ %)e
'roceedin(& )ad in cor%. T)e con+ormi%/ o+ %)e acc&ed in %)e
+orm o+ )i& &i(na%re a?Ged %)ere%o i& nnece&&ar/ in $ie7 o+ %)e
+ac% %)a%M K G G G an a%%orne/ 7)o i& em'lo/ed %o mana(e a
'ar%/P& condc% o+ a la7&i% G G G )a& prima facie a%)ori%/ %o
maIe rele$an% admi&&ion& A/ 'leadin(&# b" oral or 7ri%%en
stipulation# G G G 7)ic) nle&& allo7ed %o Ae 7i%)dra7n are
concl&i$e.L In +ac%# KEdicial admi&&ion& are +re;en%l/ %)o&e o+
con&el or o+ %)e a%%orne/ o+ record# 7)o i&# +or %)e 'r'o&e o+ %)e
%rial# %)e a(en% o+ )i& clien%. W)en &c) admi&&ion& are made G G
G +or %)e 'r'o&e o+ di&'en&in( 7i%) 'roo+ o+ &ome +ac%# G G G %)e/
Aind %)e clien%# 7)e%)er made drin(# or e$en a+%er# %)e %rial.L
3. Withdrawal of stipulations
7a!as 0. Sandigana!an
351 S2)& #13
-o0emer 12, 2662
<hird Di0ision% Panganian, 8.
Issue%
1a/ 're%rial &%i'la%ion& &i(ned A/ %)e acc&ed and )i&
con&el Ae nila%erall/ 7i%)dra7n Ae+ore %)e commencemen% o+
%)e %rialJ
9eld%
No. Once $alidl/ en%ered in%o# &%i'la%ion& 7ill no% Ae &e%
a&ide nle&& +or (ood ca&e. T)e/ &)old Ae en+orced e&'eciall/
7)en %)e/ are no% +al&e# nrea&onaAle or a(ain&% (ood moral& and
&ond 'Alic 'olic/. W)en made Ae+ore %)e cor%# %)e/ are
concl&i$e. And %)e 'ar%/ 7)o $alidl/ made %)em can Ae relie$ed
%)ere+rom onl/ 'on a &)o7in( o+ coll&ion# dre&&# +rad#
mi&re're&en%a%ion a& %o +ac%&# and nde inNence9 or 'on a
&)o7in( o+ &?cien% ca&e on &c) %erm& a& 7ill &er$e E&%ice in a
'ar%iclar ca&e. 1oreo$er# %)e 'o7er %o relie$e a 'ar%/ +rom a
&%i'la%ion $alidl/ made lie& in %)e cor%P& &ond di&cre%ion 7)ic)#
nle&& eGerci&ed 7i%) (ra$e aA&e# 7ill no% Ae di&%rAed on
a''eal.
1a8e note, pre=trial agreements or admissions made or entered into
the pre=trial conference must be in writing and signed by the accused
and his counsel, otherwise, they cannot be used against the accused.
1here is no such provision in civil procedure to that effect.
F: ?ow, is this reAuirement mandatoryO
*: I5S.
EC,5 vs. 2"C+1 "E *!!5*,S
1/& S2+* ##/
E*21S: 1here were some stipulations made during the trial:
7s this your chec8O :Ies, that is my chec8.9 <id you issue it to
the complainantO :*h yes admittedV9 Iou 8new it was not
fundedO :Ies, 7 8nowV9 1hat the chec8 bouncedO :Ies
admittedV9 "6, convictedV
D5,<: 1he conviction is not valid because the accused did
not sign his admissions.
<o not confuse the case of Eule with the case of
!5"!,5 vs. D5+?*?<5M
&/( S2+* &0, >uly '(, 1$$/
7SSC5: *re the agreements or stipulations made during the
trial not pre=trial) without being signed by the party binding on
the accusedO
D5,<: I5S because the rules on trial are different compared
to pre=trial. 7f the lawyer ma8es an admissions during the trial
we follow the general rule you are bound. 1he lawyer
represents the client. 1here is no need for the client to agree or
sign anything.
:*n attorney who is employed to manage a partyXs conduct of
a lawsuit has prima facie authority to ma8e relevant admissions
by pleadings, by oral or written stipulation, which unless
allowed to be withdrawn are conclusive. 7n fact, judicial
admissions are freAuently those of counsel or of the attorney of
record, who is, for the purpose of the trial, the agent of his
client. Jhen such admissions are made for the purpose of
dispensing with proof of some fact, they bind the client, whether
made during, or even after, the trial.R
:1he foregoing find basis in the general rule that a client is
bound by the acts of his counsel who represents him. Eor all
intents and purposes, the acts of a lawyer in the defense of a
case are the acts of his client.9
1he last sentence is new: :1he agreements covering the matters
referred to in section 1 of this +ule shall be approved by the court.9
S52. '. ?on=appearance at pre=trial conference. 7f the
counsel for the accused or the prosecutor does not appear at
the pre=trial conference and does not offer an acceptable
e@cuse for his lac8 of cooperation, the court may impose
proper sanctions or penalties. sec. 0, cir. '.=$.)
1his is a new rule. Dere, it is not the party who is penaliBed, but the
lawyer if the counsel of the accused or the prosecutor does not appear
in the pre=trial conference and there is no offer.
-on.&ppearanceM When 2ourt ma! Impose Proper
Sanctions or Penalties
1. I+ con&el +or %)e acc&ed or %)e 'ro&ec%or doe& no% a''ear a%
%)e 'reC%rial con+erence# and
". I+ an/ o+ %)e aAo$e doe& no% oBer an acce'%aAle eGc&e +or )i&
lacI o+ coo'era%ion
1. )ole of law!ers in pre.trial
7a!as 0. Sandigana!an
351 S2)& #13
-o0emer 12, 2662
<hird Di0ision% Panganian, 8.
,uestion%
W)a% i& %)e role o+ la7/er& in a 're%rialJ
&nswer%
Pre%rial i& mean% %o &im'li+/# i+ no% +ll/ di&'o&e o+# %)e ca&e
a% i%& earl/ &%a(e. I% i& %)ere+ore im'or%an% %)a% %)e 'ar%ie& %aIe
ac%i$e role& in %)e 'roceedin(&. T)e Rle& on Criminal Procedre
'ro$ide %)a% i+ %)e con&el +or %)e acc&ed and:or %)e 'ro&ec%or
do no% a''ear a% %)e 're%rial and do no% oBer an acce'%aAle
eGc&e +or %)eir lacI o+ coo'era%ion# %)e cor% ma/ im'o&e 'ro'er
&anc%ion& or 'enal%ie&. Drin( 're%rial# a%%orne/& m&% maIe +ll
di&clo&re o+ %)eir 'o&i%ion& a& %o 7)a% %)e real i&&e& o+ %)e %rial
7old Ae. T)e/ &)old no% Ae allo7ed %o emAarra&& or
incon$enience %)e cor% or inEre %)e o''o&in( li%i(an% A/ %)eir
carele&& 're'ara%ion +or a ca&e9 or A/ %)eir +ailre %o rai&e rele$an%
i&&e& a% %)e o%&e% o+ a %rial9 or# a& in %)i& ca&e# A/ %)eir nila%eral
7i%)dra7al o+ $alid &%i'la%ion& %)a% %)e/ &i(ned and %)a% %)eir
clien%& +ll/ a&&en%ed %o.
2. &sence of witnesses
People 0. <ac.an
351 S2)& 3:3
'eruar! 2:, 2663
Second Di0ision% 2alle"o, Sr.
'acts%
T)e 'ro&ec%ion )ad 11 7i%ne&&e& in %)e c)ar(e o+
+al&i!ca%ion o+ 'Alic docmen%&. Drin( %)e 'reC%rial# )o7e$er#
onl/ * 7i%ne&&e& &)o7ed ' &ince %)e o%)er& 7ere no%
&A'oenaed. De %o %)eir aA&ence# %)e Ed(e di&mi&&ed %)e ca&e.
Issue%
Wa& %)e di&mi&&al 'ro'erJ
9eld%
No. Under R.A. D,F*# %)e aA&ence drin( 'reC%rial o+ an/
7i%ne&& +or %)e 'ro&ec%ion li&%ed in %)e in+orma%ion# 7)e%)er or
no% &aid 7i%ne&& i& %)e oBended 'ar%/ or %)e com'lainin( 7i%ne&&#
i& no% a $alid (rond +or %)e di&mi&&al o+ a criminal ca&e. Al%)o()
nder %)e la7# 'reC%rial i& manda%or/ in criminal ca&e&# %)e
're&ence o+ %)e 'ri$a%e com'lainan% or %)e com'lainin( 7i%ne&& i&
)o7e$er no% re;ired. E$en %)e 're&ence o+ %)e acc&ed i& no%
re;ired nle&& direc%ed A/ %)e %rial cor%. I% i& eno() %)a% %)e
acc&ed i& re're&en%ed A/ )i& con&el. A+%er all# %)e 'Alic
'ro&ec%or a''eared +or %)e S%a%e. T)e 'Alic 'ro&ec%or i& $e&%ed
7i%) a%)ori%/ %o con&ider %)o&e ma%%er& ca%alo(ed in Sec. " o+
R.A. D,F*.
S52. #. !re=trial order. *fter the pre=trial conference, the court
shall issue an order reciting the actions ta8en, the facts stipulated,
and evidence mar8ed. Such order shall bind the parties, limit the
trial to matters not disposed of, and control the course f the action
during the trial, unless modified by the court to prevent manifest
injustice. ')
Pre.<rial Arder
1. It shall e issued ! the court after the pre.trial
conference,
2. What it shall recite%
1. %)e ac%ion& %aIen#
". %)e +ac%& &%i'la%ed# and
*. %)e e$idence marIed
3. E@ect of pre.trial order + it shall%
1. Aind %)e 'ar%ie&#
". limi% %)e %rial %o ma%%er& no% di&'o&ed o+# and
*. con%rol %)e cor&e o+ %)e ac%ion drin( %)e %rial# nle&&
modi!ed A/ %)e
cor% %o 're$en% mani+e&% inE&%ice
1. Pre.trial admissions
People 0. Pepito
#13 S2)& 331
Actoer 1=, 2663
En 7anc% Per 2uriam
'acts%
Acc&ed 7a& c)ar(ed 7i%) ra'in( )i& o7n da()%er# a minor.
T)e 'reC%rial order &)o7ed %)a% rela%ion&)i' 7a& dl/ e&%aAli&)ed
7i%) acc&ed admi%%in( %)a% )e i& %)e +a%)er o+ %)e $ic%im. 0e al&o
admi%%ed %)a% %)e ra'e occrred 7)en %)e $ic%im 7a& 1- /ear&
old.
Issue%
Can acc&ed Ae con$ic%ed o+ ;ali!ed ra'eJ
9eld%
Ye&. Under Sec. ,# Rle 11D o+ Rle& o+ Cor%# a+%er %)e 'reC
%rial con+erence# %)e cor% &)all i&&e an order reci%in( %)e ac%ion&
%aIen# %)e +ac%& &%i'la%ed# and e$idence marIed. Sc) order &)all
bind %)e 'ar%ie&# limi% %)e %rial %o ma%%er& no% di&'o&ed o+ and
con%rol %)e cor&e o+ %)e ac%ion drin( %)e %rial# nle&& modi!ed
A/ %)e cor% %o 're$en% mani+e&% inE&%ice.
T)e 'r'o&e o+ en%erin( in%o a &%i'la%ion or admi&&ion o+
+ac%& i& %o eG'edi%e %rial and %o relie$e %)e 'ar%ie& and %)e cor%#
a& 7ell# o+ %)e co&%& o+ 'ro$in( +ac%& 7)ic) 7ill no% Ae di&'%ed on
%rial and %)e %r%) o+ 7)ic) can Ae a&cer%ained A/ rea&onaAle
in;ir/. T)e&e admi&&ion& drin( %)e 'reC%rial con+erence are
7or%)/ o+ credi%.
2. 'ailure to o"ect to pre.trial order
People 0. &elita
216 S2)& #5:
8une 2=, 1552
'irst Di0ision% 4edialdea, 8.
'acts%
A+%er %)e 'reC%rial# %)e Ed(e i&&ed an order &%a%in( %)a% %)e
acc&ed )ad admi%%ed %)e de eGec%ion and (eninene&& o+ %)e
+oren&ic c)emi&% re'or%. Con&iderin( %)e admi&&ion# %)e
'ro&ec%ion no lon(er 're&en%ed %)e Foren&ic C)emi&% 7)o
're'ared %)e re'or%. A+%er acc&ed 7a& con$ic%ed o+ ille(al &ale o+
mariEana# )e claimed %)a% %)e 'reC%rial order 7a& no% in
accordance 7i%) 7)a% 7a& ac%all/ a(reed 'on.
Issue%
S)old %)e 'reC%rial order Ae di&re(ardedJ
9eld%
No. I+ %)e ma%%er& %aIen ' and emAodied in %)e 'reC%rial
order 7ere no% in accordance 7i%) 7)a% 7a& reall/ &%i'la%ed
'on# %)en acc&ed &)old )a$e in%er'o&ed )i& oAEec%ion& earlier
or a& &oon a& %)e 'reC%rial order 7a& i&&ed. 0ence# i% i& clear %)a%
'on %)e +ailre o+ %)e acc&ed %o in%er'o&e oAEec%ion&# %)e +ac%&
&%i'la%ed drin( a 'reC%rial con+erence and emAodied in a 'reC
%rial order Aind %)e 'ar%ie&.
3. E@ect of lacB of pre.trial order%
7a!as 0. Sandigana!an
351 S2)& #13
-o0emer 12, 2662
<hird Di0ision% Panganian, 8.
Issue%
Doe& %)e la7 re;ire %)e i&&ance o+ a 're%rial order %o maIe
%)e 're%rial &%i'la%ion& Aindin( on %)e 'ar%ie&J
9eld%
No. Under Sec. "# Rle 11D o+ %)e Rle& o+ Cor%# +or a
're%rial a(reemen% %o Ae Aindin( on %)e acc&ed# i% m&% &a%i&+/
%)e +ollo7in( condi%ion&M 213 %)e a(reemen% or admi&&ion m&% Ae
in 7ri%in(# and 2"3 i% m&% Ae &i(ned A/ Ao%) %)e acc&ed and %)eir
con&el. Once %)e &%i'la%ion& are redced in%o 7ri%in( and &i(ned
A/ %)e 'ar%ie& and %)eir con&el&# %)e/ Aecome Aindin( on %)e
'ar%ie& 7)o made %)em. T)e/ Aecome Edicial admi&&ion& o+ %)e
+ac% or +ac%& &%i'la%ed. T)e cor%P& a''ro$al# men%ioned in %)e
la&% &en%ence o+ %)e Sec%ion# i& no% needed %o maIe %)e
&%i'la%ion& Aindin( on %)e 'ar%ie&. Sc) a''ro$al i& nece&&ar/
merel/ %o em')a&i6e %)e &'er$i&ion A/ %)e cor% o$er %)e ca&e
and %o enaAle i% %o con%rol %)e No7 o+ %)e 'roceedin(&.

So after the trial, the court will issue a pre=trial order where it will
summariBe what matter had been agreed upon3 what are the issues3 the
elements that had been established3 facts stipulated3 and e@hibits that had
been mar8ed.
?ow, before we leave this rule, please review the provisions on
6atarungang !ambarangay ,aw on the provisions of conciliation in the
barangay of criminal cases that is where the penalty is not more than
one year. Such is also mandatory.
7n other words, that is one way of saying indirectly, compromise in
criminal cases is now allowed. 1hat is an instance where an offer of a
compromise in a criminal case is not an implied admission of guilt.
7n connection with +ule 11., you must be aware of another law which is
closely related to the subject matter of !re=1rial. Jhat we will discuss is
the 6atarungang !ambarangay ,aw which is applicable to both criminal
and civil cases. 1his law used to be !< 10(. which was already
repealed. 1he new law on 6atarungang !ambaranggay is from Section
'$$ to Section #&& of the ,ocal %overnment 2ode of 1$$1 G+.*. 41/(H
which too8 effect last >anuary 1, 1$$&.
Cnder this law, you cannot file the case directly in court or with the
fiscalLs office without first trying to settle things with the ,upong
1agapamayapa which is headed by the -arangay 2aptain. 7f the case is
not settled at this level, that is the time the -arangay 2aptain would say,
:Je will bring this matter to court.9
1he law applies only to the following instances:
13Jhen the case is between natural persons3 does not apply to
corporations and the li8e)
"3Jhen the offended party and the accused reside in the same city or
municipality3 not necessarily in the same barangay)
5@ample: - is from -unawan and he sued 1 who is from
1oril. 1he barangays are from one end to the other. 7s there
are need for - to comply with the -arangay ,awO I5S
because they are of the same city, and under the law, the
venue is the residence of the respondent or accused.
*3Jhen the crime is punishable by imprisonment ?"1
5P255<7?% "?5 I5*+ or fine not e@ceeding !0,(((. case is
cogniBable by the M12)
1he 6atarungang !ambarangay does not apply to the following
cases:
13Jhere there is no private offended party e.g. illegal possession of
firearms)
"37n criminal cases where the accused is under police custody or
detention 1his is the so=called inAuest, after a valid warrantless
arrest.)
7n these two latter instances, the case can be filed directly in court
without going through the conciliation process. Jhere these rules apply,
there must be a certification that you have first tried to settle matters in
the barangay.
1he Supreme 2ourt has issued a circular on the applicability of the
-arangay ,aw: *dministrative 2ircular ?o. 1#=$' dated >uly 10, 1$$'
where the S2 laid down all the guidelines for the implementation of the
6atarungang !ambarangay ,aw.
G5nd of the 1$$/ transcription. 1he following notes are ta8en from *
,aymenLs %uide 1o 2ourt !rocedure, * Dandboo8 "n ,awsuits by
?eomi 1. "livares and >ustice >ose I. Eeria, pp./'=/0H:
6*1*+C?%*?% !*M-*+*?%*I
6atarungang !ambarangay is the system which promotes and
implements t he amicable settlement of disputes at the barangay level
before resorting to filing cases in court or in any other government
office. 7t was first established by !residential <ecree 10(. signed into
law on >une 1$4., now superseded by sections '$$ to #&& of +.*. 41/(,
otherwise 8nown as the ,ocal %overnment 2ode of 1$$1.)
"nly individuals actually residing in the same barangay, city or
municipality can be parties to the proceedings. 2orporations,
partnerships, and other juridical entities are not covered by +.*. 41/(.
5ach barangay constitutes a body 8now as ,C!"?%
1*%*!*M*I*!* hereinafter referred to as ,C!"?) which
administers the conciliation or arbitration process. * ,upon is composed
of 1( to &( members chosen from the community and is headed by the
-arangay 2aptain. <isputes brought before the ,upon are resolved by a
conciliation panel 8nown as !*?%6*1 ?% 1*%*!*%6*SC?<"
hereinafter referred to as !*?%6*1), consisting of ' members chosen
by agreement between the disputing parties from the list of the
membership of the ,C!"?.
7n all proceedings, parties appear in person without the assistance of
counsel or representative, with the e@ception of minors and physically or
mentally handicapped people who may be assisted by their ne@t of 8in
who are not lawyers). +efusal or willful failure to appear in compliance
with the barangay summons may result in barring:
1he complainant from see8ing recourse in the courts for the
same cause of action3 or
1he respondent from filing any counterclaim connected
therewith.
!roceedings are public and informal, e@cept for those cases which
reAuire the e@clusion of the public in the interest of public decency or
morals.
2*S5S ?"1 SC->521 1" *M72*-,5
S511,5M5?1 *1 1D5 6*1*+C?%*?%
!*M-*+*?%*I:
13Jhere one party is the government or a subdivision or
instrumentality thereof3
"3Jhere one party is a public officer or employee, and the dispute
relates to the performance of his official function3
*3"ffenses punishable by imprisonment e@ceeding one year or a
fine e@ceeding !h! 0,(((3
,3"ffenses where there is no private offended party.
<7S!C15S ?"1 2";5+5< -I 1D5
*C1D"+71I "E 1D5 ,C!"?
131hose involving parties who reside in barangays of different
cities or municipalities unless their barangays are adjoining.
"31hose involving real property located in different cities or
municipalities.
7n both cases, the parties may agree to submit their differences for
amicable settlement by an appropriate ,upon.
2onciliation proceedings at the barangay level are a pre=condition to
filing an action in court or a government office. ?on=compliance with
this reAuisite may result in the dismissal of the complaint.
!*+175S M*I E"+5%" 1D5 -*+*?%*I
2"?27,7*17"? !+"25SS *?< %" <7+521,I 1"
1D5 2"C+1 JD5?:
131he accused is under detention.
"3Dabeas corpus proceedings are called for.
*3*ctions are accompanied by provisional remedies such as
preliminary injunction, attachment, delivery of personal
property, etc.
,3,egal action is barred by the Statute of ,imitations the law that
bars the institution of an action after the lapse of a prescribed
period.)
__ end __
>uly 10, 1$$'
*<M7?7S1+*17;5 27+2C,*+ ?". 1#=$'
Subject : %uidelines on the 6atarungang !ambarangay
conciliation procedure to prevent circumvention
of the +evised 6atarungang !ambarangay ,aw
Sections '$$=#&&, chapter ;77, 1itle 7, -oo8 777,
+.*. 41/(, otherwise 8nown as the ,ocal
%overnment 2ode of 1$$1).
1o : *ll +egional 1rial 2ourts, Metropolitan 1rial 2ourts,
Municipal 1rial 2ourts and Municipal 2ircuit
1rial 2ourts
1he +evised 6atarungang !ambarangay ,aw under +.*.
41/(, otherwise 8nown as the ,ocal %overnment 2ode of
1$$1, effective on >anuary 1, 1$$&, and which repealed !.<.
10(., introduced substantial changes not only in the authority
granted to the ,upon 1agapamayapa but also in the procedure
to be observed in the settlement of disputes within the
authority of the ,upon. cd i
7n order that the laudable purpose of the law may not be
subverted and its effectiveness undermined by indiscriminate,
improper and)or premature issuance of certifications to file
actions in court by the ,upon or !ang8at Secretaries, attested
by the ,upon)!ang8at 2hairmen, respectively, the following
guidelines are hereby issued for the information of trial court
judges in cases brought before them coming from the
-arangays:
7. *ll disputes are subject to -arangay conciliation
pursuant to the +evised 6atarungang !ambarangay ,aw
formerly !.<. 10(., repealed and now replaced by Secs.
'$$=#&&, 2hapter ;77, 1itle 7, -oo8 777, and Sec. 010, 1itle
7, -oo8 7;, +.*. 41/(, otherwise 8nown as the ,ocal
%overnment 2ode of 1$$1), and prior recourse thereto is a
pre=condition before filing a complaint in court or any
government offices, 5P25!1 in the following disputes:
1. Jhere one party is the government, or any
subdivision or instrumentality thereof3
2. Jhere one party is a public officer or employee,
and the dispute relates to the performance of his
official functions3
3. Jhere the dispute involves real properties located
in different cities and municipalities, unless the
parties thereto agree to submit their difference to
amicable settlement by an appropriate ,upon3
4. *ny complaint by or against corporations,
partnerships or juridical entities, since only
individuals shall be parties to -arangay conciliation
proceedings either as complainants or respondents
Sec. 1, +ule ;7, 6atarungang !ambarangay +ules)3
?"15: "nly natural persons can undergo barangay
conciliation.
5. <isputes involving parties who actually reside in
barangays of different cities or municipalities,
e@cept where such barangay units adjoin each other
and the parties thereto agree to submit their
differences to amicable settlement by an appropriate
,upon3
6. "ffenses for which the law prescribes a ma@imum
penalty of imprisonment e@ceeding one 1) year or a
fine over five thousand pesos !0,(((.(()3
7. "ffenses where there is no private offended party3
8. <isputes where urgent legal action is necessary to
prevent injustice from being committed or further
continued, specifically the following:
?"15: :Crgently.9 * good e@ample in civil action is
where the action is coupled with a provisional remedy
such as preliminary injunction, attachment, replevin or
support. "r, actions which may be barred by the statute
of limitations.
a) 2riminal cases where accused is under police
custody or detention See Sec. #1& b)1), +evised
6atarungang !ambarangay ,aw)3
b) !etitions for habeas corpus by a person illegally
deprived of his rightful custody over another or a
person illegally deprived of his liberty or one acting
in his behalf3
c) *ctions coupled with provisional remedies such
as preliminary injunction, attachment, delivery of
personal property and support during the pendency
of the action3 and
d) *ctions which may be barred by the Statute of
,imitations.
9. *ny class of disputes which the !resident may
determine in the interest of justice or upon the
recommendation of the Secretary of >ustice3
10. Jhere the dispute arises from the 2omprehensive
*grarian +eform ,aw 2*+,) Secs. #/ K #4,
+.*. //04)3
11. ,abor disputes or controversies arising from
employer=employee relations Montoya vs. 5scayo,
et al., 141 S2+* ##&3 *rt. &&/, ,abor 2ode, as
amended, which grants original and e@clusive
jurisdiction over conciliation and mediation of
disputes, grievances or problems to certain offices
of the <epartment of ,abor and 5mployment)3
?"15: 7n the case of Montoya vs. 5scayo
141 S2+* ##&), the conciliation there is in the
<epartment of ,abor.
12. *ctions to annul judgment upon a compromise,
which may be filed directly in court See SancheB
vs. 1upaB, 10. S2+* #0$).
77. Cnder the provisions of +.*. 41/( on 6atarungang
!ambarangay conciliation, as implemented by the
6atarungang !ambarangay +ules and +egulations
promulgated by the Secretary of >ustice, the certification for
filing a complaint in court or any government office shall be
issued by -arangay authorities only upon compliance with
the following reAuirements: aisa dc
1) 7ssued by the ,upon Secretary and attested by the
,upon 2hairman !unong -arangay), certifying that
a confrontation of the parties has ta8en place and
that a conciliation or settlement has been reached,
but the same has been subseAuently repudiated Sec.
#1&, +evised 6atarungang !ambarangay ,aw3 Sec.
&GhH, +ule 777, 6atarungang !ambarangay +ules)3
2) 7ssued by the !ang8at Secretary and attested by the
!ang8at 2hairman, certifying that:
a. a confrontation of the parties too8 place but
no conciliation)settlement has been reached Sec.
#GfH, +ule 777, 6atarungang !ambarangay +ules3
or
b. that no personal confrontation too8 place
before the !ang8at through no fault of the
complainant Sec. #GfH, +ule 777, 6atarungang
!ambarangay +ules).
3) 7ssued by the !unong -arangay, as reAuested by the
proper party on the ground of failure of settlement
where the dispute involves members of the same
indigenous cultural community, which shall be
settled in accordance with the customs and
traditions of that particular cultural community, or
where one or more of the parties to the aforesaid
dispute belong to the minority and the parties
mutually agreed to submit their dispute to the
indigenous system of amicable settlement, and there
has been no settlement as certified by the datu or
tribal leader or elder to the !unong -arangay of the
place of settlement Secs. 1, #, K 0, +ule 7P,
6atarungang !ambarangay +ules)3 and
4) 7f mediation or conciliation efforts before the
!unong -arangay proved unsuccessful, there having
been no agreement to arbitrate Sec. #1( GbH,
+evised +ule 6atarungang !ambarangay ,ay3 Sec.
1, c, 1), +ule 777, 6atarungang !ambarangay
+ules), or where the respondent fails to appear at
the mediation proceeding before the !unong
-arangay 'rd par. Sec. ., a, +ule ;7, 6atarungang
!ambarangay +ules), the !unong -arangay shall
not cause the issuance of this stage of a certification
to file action, because it is now mandatory for him
to constitute the !ang8at before whom mediation,
conciliation, or arbitration proceedings shall be
held.
777. *ll complaints and)or informations filed or raffled to
your sala)branch of the +egional 1rial 2ourt, Metropolitan
1rial 2ourt or Municipal 1rial 2ourt shall be carefully read
and scrutiniBed to determine if there has been compliance
with prior -arangay conciliation procedure under the +evised
6atarungang !ambarangay ,aw and its 7mplementing +ules
and +egulations, as a pre=condition to judicial action,
particularly whether the certification to file action attached to
the records of the case comply with the reAuirements
hereinabove enumerated in par. 773
7;. * case filed in court without compliance with
prior -arangay conciliation which is a pre=condition for
formal adjudication Sec. #1&GaH of the +evised 6atarungang
!ambarangay ,aw)
1) may be dismissed upon motion of defendant)s, not for
lac8 of jurisdiction of the court but for failure to state
a cause of action or prematurity +oyales vs. 7*2, 1&4
S2+* #4(3 %onBales vs. 2*, 101 S2+* &.$), or
2) the court may suspend proceedings upon petition of
any party under Sec. 1, +ule &1 of the +ules of 2ourt3
and refer the case motu propio to the appropriate
-arangay authority, applying by analogy Sec. #(.GgH,
&nd par., of the +evised 6atarungang !ambarangay
,aw which reads as follows:
R1he 2ourt in which non=criminal cases not
falling within the authority of the ,upon under
this 2ode are filed may at any time before trial,
motu proprio refer the case to the ,upon
concerned for amicable settlement.
Strict observance of these guidelines is enjoined. 1his
*dministrative 2ircular shall be effective immediately.
Manila, !hilippines. >uly 10, 1$$'.
Sgd.) *?<+5S +.
?*+;*S*
2hief >ustice
E1 TRIAL PROPER
1. +ights of the *ccused
+ule 110
+7%D1S "E *22CS5<
Section 1 +ights of accused at the trial 7n all criminal
prosecutions, the accused shall be entitled to the following rights3
a.) 1o be presumed innocent until the contrary is proved
beyond reasonable doubt.
@ @ @ @ @
!aragraph GaH emphasiBes the degree of proof in criminal cases.
1. Elements of due process
&guirre 0. People
3=3 S2)& =:2
&ugust 23, 2661
'irst Di0ision% ;apunan, 8.
,uestion%
W)a% are %)e elemen%& o+ de 'roce&& in Edicial
'roceedin(&J
&nswer%
T)e e&&en%ial re;iremen%& o+ de 'roce&& areM
1. T)ere m&% Ae a cor% or %riAnal clo%)ed 7i%) Edicial
a%)ori%/ %o )ear and de%ermine %)e ma%%er Ae+ore i%9
". .ri&dic%ion m&% Ae la7+ll/ ac;ired o$er %)e 'er&on o+
%)e de+endan% or 'ro'er%/ 7)ic) i& %)e &AEec% o+ %)e 'roceedin(9
*. T)e de+endan% m&% Ae (i$en an o''or%ni%/ %o Ae )eard9
and
,. .d(men% m&% Ae rendered 'on la7+l )earin(.
2a3 To Ae 're&med innocen% n%il %)e con%rar/ i& 'ro$ed
Ae/ond rea&onaAle doA%.
1. Prima facie presumption of guilt
9i/on 0. 2&
2=3 S2)& 31:
Decemer 13, 155=
Second Di0ision% Puno, 8.
'acts%
0i6on c)allen(e& %)e 'ro$i&ion o+ P.D. =>,# %)e Fi&)erie&
Decree# 7)ic) 'ro$ide& %)a% %)e di&co$er/ o+ eG'lo&i$e& or
oAnoGio& &A&%ance in an/ !&)in( Aoa% &)all con&%i%%e a
're&m'%ion %)a% %)e o7ner or o'era%or 7a& !&)in( 7i%) %)e &e
o+ eG'lo&i$e& or 'oi&ono& &A&%ance# a& a $iola%ion o+ %)e
con&%i%%ional 're&m'%ion o+ innocence.
Issue%
I& %)ere a $iola%ion o+ %)e ri()% %o Ae 're&med innocen%J
9eld%
No. T)e le(i&la%re )a& %)e 'o7er %o 'ro$ide %)a% 'roo+ o+
cer%ain +ac%& can con&%i%%e a 'rima +acie e$idence o+ (il%
'ro$ided %)ere i& a ra%ional connec%ion Ae%7een %)e +ac% 'ro$ed
and %)e +ac% 're&med. To a$oid an/ con&%i%%ional in!rmi%/# %)e
in+erence o+ one +rom 'roo+ o+ %)e o%)er m&% no% Ae arAi%rar/ and
nrea&onaAle.
P.D. =>, crea%e& a 're&m'%ion o+ (il% Aa&ed on +ac%&
'ro$ed and )ence i& no% con&%i%%ionall/ im'ermi&&iAle. 0o7e$er#
%)e &%a%%or/ 're&m'%ion can onl/ Ae 'rima +acie. I% canno%#
nder %)e (i&e o+ re(la%in( %)e 're&en%a%ion o+ e$idence#
o'era%e %o 'reclde acc&ed +rom 're&en%in( )i& de+en&e %o reA%
%)e +ac% 're&med.
2. <he e?uipoise rule
Dado 0. People
352 S2)& #=
-o0emer 11, 2662
'irst Di0ision% >nares.Santiago, 8.
Issue%
W)en %)e e$idence 're&en%ed A/ %)e 'ro&ec%ion and %)e
acc&ed are o+ e;al 7ei()%# 7)ic) &ide &)all 're$ailJ
9eld%
Under %)e e;i'oi&e rle# 7)ere %)e e$idence on an i&&e o+
+ac% i& in e;i'oi&e or %)ere i& doA% on 7)ic) &ide %)e e$idence
're'ondera%e&# %)e 'ar%/ )a$in( %)e Arden o+ 'roo+ lo&e&.
T)e e;i'oi&e rle !nd& a''lica%ion i+ %)e incl'a%or/ +ac%&
and circm&%ance& are ca'aAle o+ %7o or more eG'lana%ion&# one
o+ 7)ic) i& con&i&%en% 7i%) %)e innocence o+ %)e acc&ed and %)e
o%)er con&i&%en% 7i%) )i& (il%# +or %)en %)e e$idence doe& no%
+l!ll %)e %e&% o+ moral cer%ain%/# and doe& no% &?ce %o 'rodce a
con$ic%ion. <rieN/ &%a%ed# %)e needed ;an%m o+ 'roo+ %o con$ic%
%)e acc&ed o+ %)e crime c)ar(ed i& lacIin(.
Jhy is it that in criminal case an accused enjoys this presumptionO
Jhy does the law give the accused the presumption of innocenceO
1he S2 already answered that the reason is to ma8e the fight at least
eAual. 7n criminal cases, all the resources are directed against the
accused. 7t is the accused versus the !eople of the !hilippines so you
are fighting the government, and the government has all the resources at
its command the !?!, ?-7, etc. 7n the case of
!5"!,5 vs. S5FC5++*
"ctober 1&, 1$.4
D5,<: :2onfronted by the full panoply of state authority, the
accused is accorded the presumption of innocence to lighten and
even reverse the heavy odds against him. Mere accusation is not
enough to convict him, and neither is the wea8ness of his
defense. 1he evidence for the prosecution must be strong per se,
strong enough to establish the guilt of the accused beyond
reasonable doubt. "therwise, he is entitled to be freed.9
:-ut as solicitous as the -ill of +ights is of the accused, the
presumption of innocence is not an automatic or blan8et
e@oneration. 7t is at best only an initial protection. 7f the
prosecution succeeds in refuting the presumption, it then
becomes the outloo8 of the accused to adduce evidence that will
at least raise that in8ling of doubt that he is guilty. "nce the
armor of the presumption is pierced, so to spea8, it is for the
accused to ta8e the offense and ward off the attac8.9
So the accused cannot rely forever in the presumption of innocence.
1his is a disputable presumption. 1he prosecution can destroy that
presumption by presenting evidence that you are guilty and once the
prosecution has presented that you cannot anymore rely on this
presumption. 7t is now your duty to present evidence that you are
innocent.
b.) 1o be informed of the nature and cause of the
accusation against him.
1. )elationship
a. J9alf.sisterO
People 0. Sa"olga
31: S2)& 315
&ugust 21, 2662
En 7anc% 4endo/a, 8.
Issue%
I& %)e alle(a%ion in %)e in+orma%ion %)a% %)e $ic%im i& a K)al+C
&i&%erL o+ %)e acc&ed &?cien% %o ;ali+/ a c)ar(e o+ ra'eJ
9eld%
No. I% m&% Ae alle(ed in %)e in+orma%ion %)a% )e i& a rela%i$e
A/ con&an(ini%/ or a?ni%/# a& %)e ca&e ma/ Ae# 7i%)in %)e %)ird
ci$il de(ree. No% onl/ &)old Krela%ion&)i' A/ con&an(ini%/ or
a?ni%/L Ae alle(ed# i% i& al&o nece&&ar/ %o &'eci+/ %)a% &c)
rela%ion&)i' i& K7i%)in %)e %)ird ci$il de(ree.L 1ere alle(a%ion and
%)e &%i'la%ion %)a% acc&ed i& %)e Aro%)er o+ %)e $ic%im Aeca&e
%)e/ )a$e a common mo%)er are no% eno() %o &a%i&+/ %)e &'ecial
;ali+/in( circm&%ance o+ rela%ion&)i'.
. JStep.daughterO
People 0. 7lancaNor
#21 S2)& 33#
8anuar! 25, 266#
&ustria.4artine/, 8.
'acts%
Acc&ed 7a& c)ar(ed 7i%) %)e ra'e o+ )i& o7n 1,C/ear old
&%e'Cda()%er. Under R.A. =8-F# 7)ere %)e $ic%im i& le&& %)an 1D
/ear& o+ a(e and %)e acc&ed i& %)e commonCla7&C&'o&e o+ %)e
'aren% o+ %)e $ic%im# %)e im'o&aAle 'enal%/ i& dea%).
Issue%
Con&iderin( %)a% %)e in+orma%ion merel/ alle(ed %)a% %)e
$ic%im i& %)e K&%e'Cda()%erL o+ acc&ed# 7i%)o% &'eci+/in( )er
a(e or %)e +ac% %)a% acc&ed 7a& %)e commonCla7 &'o&e o+ %)e
$ic%imP& mo%)er# can acc&ed Ae &en%enced %o dea%)J
9eld%
No. T)e in+orma%ion did no% alle(e %)e ;ali+/in(
circm&%ance o+ minori%/ o+ com'lainan% and %)e +ac% %)a%
acc&ed i& %)e commonCla7 &'o&e o+ %)e $ic%imP& mo%)er# no%
)a$in( Aeen le(all/ married. T)e correc% alle(a%ion &)old )a$e
Aeen %)a% acc&ed i& %)e commonCla7 &'o&e o+ %)e 'aren% o+ %)e
$ic%im# a& con%em'la%ed A/ la7# &o %)a% acc&ed ma/ Ae +ll/
a''ri&ed o+ %)e eGac% c)ar(e a(ain&% )im. T)e minori%/ o+ %)e
$ic%im and %)e oBenderP& rela%ion&)i' %o %)e $ic%im# 7)ic)
con&%i%%e onl/ one &'ecial ;ali+/in( circm&%ance# m&% Ae
alle(ed in %)e in+orma%ion and 'ro$ed 7i%) cer%ain%/. For +ailre %o
'ro'erl/ alle(e in %)e in+orma%ion %)e ;ali+/in( circm&%ance %)a%
%)e $ic%im i& nder 1D /ear& o+ a(e and %)a% %)e oBender i& a
commonCla7C&'o&e o+ %)e 'aren% o+ %)e $ic%im# %)e &'ecial
;ali+/in( circm&%ance o+ minori%/ and rela%ion&)i' cold no% Ae
%aIen in%o con&idera%ion and acc&ed cold onl/ Ae +ond (il%/ o+
&im'le ra'e 7)ic) i& 'ni&)aAle A/ reclusion perpetua.
2. &geSmental retardation
a. J4inorO
People 0. (audia
#23 S2)& 326
'eruar! 23, 266#
En 7anc% Puno, 8.
'acts%
Acc&ed 7a& c)ar(ed 7i%) ra'e. T)e $ic%im 7a& Aelo7 =
/ear& old a% %)e %ime o+ %)e inciden%# A% %)e in+orma%ion merel/
alle(ed %)a% &)e 7a& a KminorL 7i%)o% &%a%in( %)e 'reci&e a(e.
Issue%
Can acc&ed Ae con$ic%ed o+ ;ali!ed ra'e and &en%enced %o
dea%)J
9eld%
No. Since %)e in+orma%ion did no% alle(e %)a% %)e $ic%im 7a&
Aelo7 = /ear& old 7)en &)e 7a& $iola%ed# acc&ed 7a& %)ere+ore
c)ar(ed 7i%) &im'le ra'e# nder Sec. **- o+ %)e Re$i&ed Penal
Code# a& amended A/ R.A. =8-F 2Dea%) Penal%/ La73. U'on i%&
'a&&a(e# R.A. =8-F in%rodced = ne7 a%%endan% circm&%ance&#
7)ic) 7)en 're&en%# 7ill %ran&+orm %)e crime %o ;ali!ed ra'e#
'ni&)aAle A/ dea%). T)e&e ne7 a%%endan% circm&%ance& m&%
Ae 'ro'erl/ 'leaded in %)e in+orma%ion %o E&%i+/ %)e im'o&i%ion o+
%)e dea%) 'enal%/. T)e main 'r'o&e o+ re;irin( all %)e elemen%&
o+ a crime %o Ae &e% o% in %)e in+orma%ion i& %o enaAle %)e
acc&ed %o &i%aAl/ 're'are )i& de+en&e. I% 7old Ae a denial o+
%)e ri()% o+ %)e acc&ed %o Ae in+ormed o+ %)e c)ar(e& a(ain&% )im
and# con&e;en%l/# a denial o+ de 'roce&&# i+ )e i& c)ar(ed 7i%)
&im'le ra'e and Ae con$ic%ed o+ i%& ;ali!ed +orm 'ni&)aAle 7i%)
dea%).
. 'ailure to allege retardation
People 0. Arita
31# S2)& 353
8ul! 11, 2662
<hird Di0ision% Puno, 8.
Issue%
1a/ an acc&ed Ae con$ic%ed o+ ra'e o+ a men%al re%arda%e
nder an in+orma%ion 7)ic) +ailed %o alle(e %)e $ic%imP& men%al
&%a%e and 7)ere acc&ed +ailed %o oAEec% %o e$idence o+ )er
men%al re%arda%ionJ
9eld%
Ye&. Acc&ed )a& 7ai$ed )i& con&%i%%ional ri()% %o Ae
in+ormed o+ %)e acc&a%ion a(ain&% )im. T)e record& &)o7 %)a%
acc&ed did no% oAEec% %o %)e mani+e&%a%ion made A/ %)e
'ro&ec%ion %)a% %)e $ic%im &)old !r&% Ae eGamined %o de%ermine
)er men%al condi%ion. 0e nei%)er mo$ed +or recon&idera%ion nor
a''ealed %)e Order o+ %)e %rial cor% direc%in( %)e Na%ional Cen%er
+or 1en%al 0eal%) %o condc% %)e men%al eGamina%ion o+ %)e
$ic%im. T)e acc&ed liIe7i&e did no% o''o&e %)e 'ro&ec%ionP&
're&en%a%ion and oBer o+ e$idence %)a% 7old 'ro$e %)e $ic%imP&
men%al condi%ion. Drin( %)e direc% eGamina%ion o+ %)e $ic%im# %)e
'Alic 'ro&ec%or a&Ied 'ermi&&ion +rom %)e Ed(e and 7a&
allo7ed %o 'ro'ond leadin( ;e&%ion& in $ie7 o+ %)e $ic%imP&
men%al condi%ion. T)ere 7a& no oAEec%ion +rom %)e de+en&e.
3. 4ode or manner of commission
a. &s to mode of commission
People 0. &tien/a
32= S2)& 162
'eruar! 25, 2666
Second Di0ision% 7ellosillo, 8.
,uestion%
1a/ an acc&ed c)ar(ed in %)e in+orma%ion 7i%) ra'e
commi%%ed %)ro() +orce and in%imida%ion a& de!ned in Ar%. **-
415 o+ %)e Re$i&ed Penal Code# Ae con$ic%ed o+ ra'e nder Ar%. **-
4"5 i.e.# ra'e o+ a 7oman 7)o 7a& de'ri$ed o+ rea&on# incldin(
%)o&e 7i%) %)e men%al ca'aci%/ o+ a c)ild Aelo7 1" /ear& oldJ
&nswer%
Ye&. An acc&ed c)ar(ed 7i%) ra'e %)ro() one mode o+
commi&&ion ma/ &%ill Ae con$ic%ed o+ %)e crime i+ %)e e$idence
&)o7& ano%)er mode o+ commi&&ion 'ro$ided %)a% %)e acc&ed did
no% oAEec% %o &c) e$idence.
People 0. Artega, 8r.
2:= S2)& 1==
8ul! 2#, 155:
<hird Di0ision% Panganian, 8.
'acts%
Acc&ed a&&i&%ed in concealin( %)e Aod/ o+ a 'er&on &%aAAed
A/ &omeone el&e A/ dm'in( i% in a 7ell no% Ino7in( %)a% %)e
$ic%im 7a& &%ill ali$e. A& a con&e;ence# %)e $ic%im died o+
dro7nin(. Acc&ed 7a& %)& c)ar(ed a& a 'rinci'al in %)e crime o+
mrder commi%%ed %)ro() %)e &%aAAin(.
Issue%
1a/ acc&ed Ae con$ic%ed o+ mrder in an in+orma%ion
c)ar(in( )im 7i%) %)e oBen&e %)ro() &%aAAin( 7)en %)e
e$idence &)o7ed %)a% %)e dea%) 7a& ca&ed A/ dro7nin(J
9eld%
No. An acc&ed canno% Ae con$ic%ed o+ an oBen&e# nle&& i%
i& clearl/ c)ar(ed in %)e com'lain% or in+orma%ion.
Con&%i%%ionall/# )e )a& a ri()% %o Ae in+ormed o+ %)e na%re and
ca&e o+ %)e acc&a%ion a(ain&% )im. To con$ic% )im o+ an oBen&e
o%)er %)an %)a% c)ar(ed in %)e com'lain% or in+orma%ion 7old Ae
a $iola%ion o+ %)i& con&%i%%ional ri()%. T)&# acc&ed canno% Ae
con$ic%ed o+ )omicide %)ro() dro7nin( in an in+orma%ion %)a%
c)ar(e& mrder A/ mean& o+ &%aAAin(.
. &s to manner of commission
People 0. Dimaano
#=5 S2)& 1#
Septemer 1#, 2663
En 7anc% Per curiam
Issue%
I& %)e com'lain% &?cien% i+ i% merel/ &%a%e& %)a% acc&ed did
K%r/ and a%%em'% %o ra'eL %)e $ic%imJ
9eld%
No. For a com'lain% %o Ae &?cien%# i% m&% &%a%e %)e ac%& or
omi&&ion& com'lained o+ a& con&%i%%in( %)e oBen&e. T)e
com'lain% in %)i& ca&e +ail& %o alle(e &'eci!c ac%& or omi&&ion
con&%i%%in( %)e elemen%& o+ %)e crime o+ ra'e. Nei%)er doe& i%
con&%i%%e &?cien% alle(a%ion o+ elemen%& +or crime& o%)er %)an
ra'e# i.e.# ac%& o+ la&ci$io&ne&&. T)e alle(a%ion %)erein %)a% %)e
acc&ed 3tried and attempted to rape5 %)e com'lainan% doe& no%
onl/ &a%i&+/ %)e %e&% o+ &?cienc/ o+ a com'lain% or in+orma%ion#
A% i& merel/ a concl&ion o+ la7 A/ %)e one 7)o dra+%ed %)e
com'lain%. T)i& in&?cienc/ %)ere+ore 're$en%& %)i& Cor% +rom
renderin( a Ed(men% o+ con$ic%ion9 o%)er7i&e 7e 7old Ae
$iola%in( %)e ri()% o+ %)e acc&ed %o Ae in+ormed o+ %)e na%re o+
%)e acc&a%ion a(ain&% )im.
c. &s to crime committed
People 0. Del )osario
23# S2)& 2#=
8ul! 26, 155#
<hird Di0ision% 4elo, 8.
Issue%
1a/ a 'er&on c)ar(ed 7i%) &ale o+ K&)aAL Ae con$ic%ed o+
'o&&e&&ion o+ %)e &ame in&%eadJ
9eld%
No. Acc&ed canno% Ae con$ic%ed o+ 'o&&e&&ion o+ %)e
K&)aAL con%ained in a cani&%er and alle(edl/ &ei6ed a% )i& )o&e#
+or %)e c)ar(e a(ain&% )im 7a& +or &ellin( K&)aAL 7i%) %)e
in+orma%ion alle(in( %)a% %)e Kacc&ed# 7i%)o% le(al a%)ori%/ did
. . . &ell %o a 'o&er A/er an alminim +oil con%ainin(
1e%)am')e%amine 0/droc)oloride...L Sale i& %o%all/ diBeren% +rom
'o&&e&&ion. Ar%. 1,-D o+ %)e Ci$il Code de!ne& &ale a& a con%rac%
7)ereA/ Kone o+ %)e con%rac%in( 'ar%ie& oAli(a%e& )im&el+ %o
%ran&+er %)e o7ner&)i' o+ and %o deli$er a de%ermina%e %)in(# and
%)e o%)er %o 'a/ %)ere+or a 'rice cer%ain in mone/ or i%&
e;i$alen%L# 7)ile K'o&&e&&ion i& %)e )oldin( o+ a %)in( or %)e
enEo/men% o+ a ri()%L a& de!ned A/ Ar%. -"* o+ %)e Ci$il Code.
Acc&ed canno% Ae con$ic%ed o+ a crime 7)ic) i& no% c)ar(ed in
%)e in+orma%ion +or %o do &o 7old den/ )im %)e de 'roce&& o+
la7.
#. Date of commission
a. 7P 7lg. 22
&lonto 0. People
##3 S2)& =2#
Decemer 5, 266#
'irst Di0ision% &/cuna, 8.
'acts%
T)e in+orma%ion a(ain&% acc&ed +or $iola%ion o+ <.P. ""
c)ar(ed )er o+ i&&in( %)e 'o&%da%ed c)ecI on 1a/ 1,# 1FF".
0o7e$er# %)e docmen%ar/ e$idence 're&en%ed and dl/ marIed
7a& <PI C)ecI No. D*1"-D in %)e amon% o+ P"-#>>> da%ed A'r. -#
1FF".
Issue%
Can acc&ed Ae con$ic%ed o+ %)e oBen&eJ
9eld%
No. Since %)e iden%i%/ o+ %)e c)ecI en%er& in%o %)e !r&%
e&&en%ial elemen%& o+ %)e oBen&e nder Sec. 1 o+ <.P. ""# %)a% i&#
%)a% a 'er&on makes, draws or issues a check on accon% or +or
$ale# and %)e da%e %)ereo+ in$ol$e& i%& &econd elemen%# namel/#
%)a% at the time of issue %)e maIer# dra7er or i&&er Ine7 %)a% )e
or &)e did no% )a$e &?cien% +nd& %o co$er %)e &ame# %)ere i& a
$iola%ion o+ %)e ri()% o+ %)e acc&ed %o Ae in+ormed o+ %)e na%re
o+ %)e oBen&e c)ar(ed in $ie7 o+ %)e $ariance.
. )ape
People 0. Hucas
232 S2)& 33:
4a! 23, 155#
'irst Di0ision% Da0ide, 8r., 8.
Issue%
1a/ an acc&ed# 7)o +ailed %o oAEec% %o %)e %e&%imon/ o+ %)e
$ic%im# Ae con$ic%ed o+ ra'e commi%%ed on No$. "8# 1FD* 7)en
%)e in+orma%ion c)ar(e& )im o+ ra'e commi%%ed on No$. "8# 1FD"J
9eld%
Ye&. W)ere %ime or 'lace or an/ o%)er +ac% alle(ed i& no% an
e&&en%ial elemen% o+ %)e crime c)ar(ed# con$ic%ion ma/ Ae )ad on
'roo+ o+ %)e commi&&ion o+ %)e crime# e$en i+ i% a''ear& %)a% %)e
crime 7a& no% commi%%ed a% %)e 'reci&e %ime or 'lace alle(ed# or
i+ %)e 'roo+ +ail& %o &&%ain %)e eGi&%ence o+ &ome imma%erial +ac%
&e% o% in %)e com'lain%# 'ro$ided i% a''ear& %)a% %)e &'eci!c
crime c)ar(ed 7a& in +ac% commi%%ed 'rior %o %)e da%e o+ %)e !lin(
o+ %)e com'lain% or in+orma%ion 7i%)in %)e 'eriod o+ %)e &%a%%e o+
%)e limi%a%ion&# and a% a 'lace 7i%)in %)e Eri&dic%ion o+ %)e cor%.
2U.S. $&. Smi%)# " P0IL ">3
3. &s to checB numer
Dico 0. 2&
#32 S2)& ##1
'eruar! 21, 2663
Second Di0ision% 2hico.-a/ario, 8.
Issue%
1a/ acc&ed Ae con$ic%ed o+ $iola%ion o+ <.P. "" 7)ere %)e
in+orma%ion c)ar(e& )im o+ i&&in( FE<TC C)ecI No. *8,F>* A%
%)e e$idence o+ %)e 'ro&ec%ion &)o7ed %)a% )e in +ac% i&&ed
FE<TC C)ecI No. *8F,>*J
9eld%
No. T)e $ariance in %)e iden%i%/ o+ %)e c)ecI nlli!e& %)e
con$ic%ion o+ acc&ed. T)e iden%i%/ o+ %)e c)ecI en%er& in%o %)e
!r&% elemen% o+ %)e oBen&e nder Sec. 1 o+ <.P. "" T %)a% a 'er&on
dra7& or i&&e& a c)ecI on accon% or +or $ale. T)ere Aein( a
di&cre'anc/ in %)e iden%i%/ o+ %)e c)ecI& de&criAed in %)e
in+orma%ion and %)a% 're&en%ed in cor%# %)e con&%i%%ional ri()% o+
acc&ed %o Ae in+ormed o+ %)e na%re o+ %)e oBen&e c)ar(ed 7ill
Ae $iola%ed i+ )i& con$ic%ion i& ')eld.
=. E@ect of failure to o"ect
People 0. -arawi
#1# S2)& 353
Actoer 2#, 2663
<hird Di0ision% 2arpio.4orales, 8.
Issue%
1a/ %)e acc&ed Ae con$ic%ed o+ ra'e in an in+orma%ion
7)ic) +ailed %o alle(ed &e o+ +orce and in%imida%ionJ
9eld%
Ye&. In %)i& ca&e# 7)ile %)e in+orma%ion +ailed %o &'eci!call/
alle(e %)a% %)e &eGal in%ercor&e 7a& commi%%ed %)ro() +orce or
in%imida%ion# %)e 'ro&ec%ion 're&en%ed e$idence# no oAEec%ion %o
7)ic) 7a& in%er'o&ed A/ acc&ed# %)a% %)e/ commi%%ed ra'e
%)ro() +orce. <e&ide&# %)e in+orma%ion alle(ed %)a% %)e &eGal
in%ercor&e 7a& a(ain&% %)e $ic%imP& 7ill.
:. &lternati0e charges
People 0. Dela 2ru/
313 S2)& #16
8une 21, 2662
En 7anc% ;apunan, 8.
'acts%
Acc&ed 7a& c)ar(ed 7i%) $iola%ion o+ R.A. =81> 7)ic)
alle(e& %)a% )e commi%%ed &eGal aA&e on )i& da()%er Kei%)er
A/ ra'in( )er or commi%%in( ac%& o+ la&ci$io&ne&& on )er.L
Issue%
I& %)e in+orma%ion &?cien% %o con$ic% acc&ed o+ %)e crimeJ
9eld%
No. T)e alle(a%ion in %)e in+orma%ion %)a% acc&ed K7il+ll/#
nla7+ll/ and +elonio&l/ commi% &eGal aA&e on )i& da()%er
4.eannie Ann5 ei%)er A/ ra'in( )er or commi%%in( ac%& o+
la&ci$io&ne&& on )erL i& no% a &?cien% a$ermen% o+ %)e ac%&
con&%i%%in( %)e oBen&e a& re;ired nder Sec. D# Rle 11># +or
%)e&e are concl&ion& o+ la7# no% +ac%&. T)e in+orma%ion i&
%)ere+ore $oid +or Aein( $iola%i$e o+ )i& con&%i%%ionall/C
(aran%eed ri()% %o Ae in+ormed o+ %)e na%re and ca&e o+ %)e
acc&a%ion a(ain&% )im. Al%)o() acc&ed +ailed %o call %)e
a%%en%ion o+ Ao%) %)e %rial cor% and %)i& Cor% re(ardin( %)e
de+ec%& o+ %)e in+orma%ion %)e Cor% ma/ motu proprio di&mi&&
&aid in+orma%ion a% %)i& &%a(e.
1. -umer of o@enses
People 0. &ntido
2:1 S2)& #23
Septemer #, 155:
<hird Di0ision% Da0ide, 8r., 8.
Issue%
W)en %)e in+orma%ion c)ar(e& an acc&ed 7i%) one con% o+
ra'e# ma/ )e Ae con$ic%ed o+ " con%& 7)ere )e +ailed %o oAEec% %o
%)e %e&%imon/ o+ %)e $ic%im %)a% &)e 7a& ra'ed %7iceJ
9eld%
No. Since %)e in+orma%ion &'eci!call/ c)ar(e& %)e acc&ed
7i%) onl/ one ac% o+ ra'e commi%%ed on a &'eci!c da%e# %)en
con&i&%en% 7i%) %)e con&%i%%ional ri()% o+ %)e acc&ed %o Ae
in+ormed o+ %)e na%re and ca&e o+ acc&a%ion a(ain&% )im# )e
canno% Ae )eld liaAle +or o%)er ac%& o+ ra'e. T)ere can onl/ Ae one
con$ic%ion +or ra'e i+ %)e in+orma%ion c)ar(e& onl/ one oBen&e#
e$en i+ %)e e$idence &)o7& %)a% more %)an one 7a& in +ac%
commi%%ed. T)e ri()% o+ a 'er&on %o Ae in+ormed o+ %)e na%re and
ca&e o+ acc&a%ion a(ain&% )im canno% Ae 7ai$ed +or rea&on& o+
'Alic 'olic/.
5. 2on0iction of constituent crimes
People 0. Hegaspi
2#= S2)& 26=
8ul! 1#, 1553
'irst Di0ision% ,uaison, 8.
'acts%
Acc&ed 7ere c)ar(ed in " &e'ara%e in+orma%ion&# one +or
doAle mrder and %)e o%)er +or carna''in( nder RA No. 8-*F.
T)e %7o ca&e& aro&e o% o+ one inciden% and %)e/ 7ere Eoin%l/
%ried in %)e &ame RTC Aranc).
Issue%
1a/ acc&ed Ae con$ic%ed o+ %)e &'ecial com'leG crime o+
roAAer/ 7i%) doAle )omicideJ
9eld%
No. T)eir con$ic%ion can onl/ Ae limi%ed %o %)e crime alle(ed
or nece&&aril/ inclded in %)e alle(a%ion& in %)e &e'ara%e
in+orma%ion&. W)a% con%rol& i& %)e de&cri'%ion o+ %)e oBen&e# a&
alle(ed in %)e in+orma%ion. W)ile %)e %rial cor% can )old a Eoin%
%rial o+ %7o or more criminal ca&e& and can render a con&olida%ed
deci&ion# i% canno% con$ic% %)e acc&ed o+ a com'leG crime
con&%i%%i$e o+ %)e $ario& crime& alle(ed in %)e " in+orma%ion&.
T)&# %)e acc&ed 7ere de'ri$ed o+ %)eir con&%i%%ional ri()% %o Ae
in+ormed o+ %)e na%re and ca&e o+ %)e acc&a%ion a(ain&% %)em.
16. Where accused is a deaf.mute
People 0. Para/o
316 S2)& 1#=
8ul! 1, 1555
En 7anc% Purisima, 8.
'acts%
Acc&ed 7a& c)ar(ed 7i%) ra'e. T)e re&l%& o+ medical
eGamina%ion& condc%ed on )im indica%e %)a% )e i& a dea+Cm%e
and a men%al re%arda%e# 7)o&e men%al a(e i& onl/ = /ear& and F
mon%)&# and 7i%) lo7 I@ o+ 8> onl/. Drin( %rial# )e 7a& no%
a&&i&%ed A/ a &i(n lan(a(e in%er're%er and )e 7a& con$ic%ed and
&en%enced %o dea%).
Issue%
I& %)e con$ic%ion $alidJ
9eld%
No. T)e aA&ence o+ a ;ali!ed in%er're%er in &i(n lan(a(e
and o+ an/ o%)er mean&# 7)e%)er in 7ri%in( or o%)er7i&e# %o
in+orm %)e acc&ed o+ %)e c)ar(e& a(ain&% )im denied %)e
acc&ed )i& +ndamen%al ri()% %o de 'roce&& o+ la7. T)e
accrac/ and +airne&& o+ %)e +ac%al 'roce&& A/ 7)ic) %)e (il% or
innocence o+ %)e acc&ed 7a& de%ermined 7a& no% &a+e(arded.
T)e acc&ed cold no% Ae &aid %o )a$e enEo/ed %)e ri()% %o Ae
)eard A/ )im&el+ and con&el# and %o Ae in+ormed o+ %)e na%re
and ca&e o+ %)e acc&a%ion a(ain&% )im in %)e 'roceedin(& 7)ere
)i& li+e and liAer%/ 7ere a% &%aIe.
Ies, you should 8now why you are there. 7t is very aw8ward that you
are charged without even 8nowing what the charge is all about. 1hat is
why there is an arraignment to ma8e everything formal.
F: 2an you waive the right to be informed of the nature and cause of
the accusation against himO
*: ?". 7t is not waivable because public interest is involved in this
right, the public having an interest in seeing to it that no person is
unlawfully deprived of his life or liberty. C.S. vs. !alisoc, # !hil. &(4)
1here are certain rights of the accused that are waivable3 there are
certain rights that cannot be waived. Eor e@ample: to be presumed
innocent until the contrary is proved can you waive thatO :*h "6
lang, you can presume me guiltyV9 7 donLt thin8 the court will agree with
that. 1hat is not waivable.
*nd mind you, there was a bar e@amination in the past, where the
e@aminer as8ed this Auestion :among the rights of the accused outline
those which can be waived and cannot be waived.9 So practically you
have to 8now GaH GiH. 7tLs not only a Auestion of enumerate the rights of
the accused but segregate those which can be waived and those which
cannot be waived. Medyo mahirap yan. -ut if you have a lot of common
sense, Gmeaning, ang common sense is common sa iyoVH malaman mo
man baV :1o be presumed innocent pwede bang ma=waive itoO
Mu8ang hindi man...9 IaanV
b.) 1o be present and defend in person and by counsel at
every stage of the proceedings, from arraignment to
promulgation of the judgment.
1he accused may, however, waive his presence at the
trial pursuant to the stipulations set forth in his bail,
unless his presence is specifically ordered by the court
for purposes of identification. 1he absence of the
accused without justifiable cause at the trial of which
he had notice shall be considered a waiver of his right
to be present thereat. Jhen an accused under custody
escapes, he shall be deemed to have waived his right
to be present on all subseAuent trial dates until custody
over him is regained. Cpon motion, the accused may
be allowed to defend himself in person when it
sufficiently appears to the court that he can properly
protect his rights without the assistance of counsel.
!aragraph GcH is Auite important.
Sec. 1PcQ + )ight of the &ccused to e Present at his <rial
1. )ight of the accused to e present at e0er! stage of the
proceedings, from arraignment to promulgation of
"udgment%
1. (eneral )ule + %)e acc&ed ma/ 7ai$e )i& ri()% %o Ae
're&en% a% %)e %rial
'r&an% %o %)e &%i'la%ion& &e% +or%) in )i& Aail
2. E*ceptions + %)e acc&ed )a& %o a''earM
1. 7)en )i& 're&ence i& &'eci!call/ ordered A/ %)e cor%
+or 'r'o&e&
o+ iden%i!ca%ion#
". drin( arrai(nmen%# and
*. drin( 'roml(a%ion o+ Ed(men%
2. E@ect of asence of the accused without "ustifale
cause at the trial of which he had notice%
I% &)all Ae con&idered a 7ai$er o+ )i& ri()% %o Ae 're&en%
%)erea%
3. E@ect when an accused under custod! escapes%
0e &)all Ae deemed %o )a$e 7ai$ed )i& ri()% %o Ae 're&en%
on all
&A&e;en% %rial da%e& n%il c&%od/ o$er )im i& re(ained
1his is a right to be present from arraignment to promulgation.
F: -ut technically, do you have the obligation to be thereO
*: ?". 1his right is waivable because the law says the accused may
however waive his presence during the trial, unless the presence of the
accused is specifically ordered by the court for purposes of
identification.
1his was ta8en from the case of ?7?"I *FC7?", >+ vs.
M7,71*+I 2"MM7SS7"? where ?inoy was arrested and tried in a
military court and he refused to participate in the proceedings. *nd issue
now is, can he be forced by the court to appearO
S2: I5S, because how can he be identified if he will not appearO
1hat is why it is now found in the +ules.
2*++5<" vs. !5"!,5
1.' S2+* &4'
7SSC5: *fter arraignment he can waive his presence during
the trial, but can he be ordered arrested by the court for an
appearance, upon summons to appear for purposes of
identificationO
D5,<: I5S. :Jaiver of appearance and trial in absentia
does not mean that the prosecution is thereby deprived of its
right to reAuire the presence of the accused for purposes of
identification by its witnesses which is vital for the conviction
of the accused. Such waiver of a right of the accused does not
mean a release of the accused from his obligation under the
bond to appear in court whenever so reAuired. 1he accused may
waive his right but not his duty or obligation to the court.9
So, you can waive your right but not your duty. 1hat is one of the
conditions in the bond under +ule 11#, Section & GbH :the accused shall
appear before the proper court whenever so reAuired by the court or
these +ules.9
F: ?ow, what happens if during the trial, the accused did not show up
but he was notifiedO 2an the trial proceed without himO
*: I5S, &nd sentence of paragraph GcH provides, :1he absence of the
accused without justifiable cause at the trial of which he had notice shall
be considered a waiver of his right to be present thereat.9 1his is ta8en
from *rticle 77, Section 1# &), = 1rial in absentia.
-ut ta8e note that in trial in absentia, it assumes that:
1. the court already acAuired jurisdiction over your person3
&. you were arrested3 and
'. you must first be arraigned. So arraignment is a prereAuisite for
trial in absentia to apply.
F: Jhat is the difference between these two sentences in GcH: :1he
absence of the accused without justifiable cause at the trial of which he
had notice shall be considered a waiver of his right to be present thereat9
and :when an accused under custody escapes, he shall be deemed to
have waived his right to be present on all subseAuent trial dates until
custody over him is regained9O
*: 7n the first sentence, the accused is absent without justifiable cause
during the particular trial date, and so the trial may continue. -ut he can
still appear in the ne@t trial. De only waived his right to be present on
that date but he has not waived his right to be present on subseAuent trial
dates. De has not waived his right to present evidence.
7n the second sentence, you escaped or you jumped bail. Iou are not
only waiving your right to be present on this date but on all subseAuent
dates. *nd therefore, there can be a judgment against you when the
prosecution rests.

1his trial in absentia was e@plained by the S2 in the case of
!5"!,5 vs. *%-C,"S
&&& S2+* 1$/ 1$$')
D5,<: 1he prisoner cannot by simply escaping thwart his
continued prosecution and possibly eventual conviction
provided that:
1. he has been arraigned3
&. he has been duly notified of the trial3 and
'. his failure to appear is unjustified.
-ut how can the prosecution establish that the accused has
been duly notified of the trialO Dow can you notify a person
who is hidingO *nd how can you say that his failure to appear is
unjustifiedO)
:1he fugitive is deemed to have waived such notice precisely
because he has escaped, and it is also this escape that ma8es his
failure to appear at his trial unjustified. 5scape can never be a
legal justification. Dis escape will, legally spea8ing, operate to
his disadvantage as he will be unable to attend his trial, which
will continue even in his absence and most li8ely result in his
conviction.9
%7M5?5M vs. ?*M*+5?"
1/( S2+* 1 1$..)
E*21S: 1he accused is arraigned, then he escaped from jail.
1he prosecution moved for the trial to proceed without him
trial in absentia. So the prosecution presented all its witnesses,
and then it rested and submitted the case for decision based on
the prosecutionLs evidence alone parang e@=parte ba. 1he
judge said :?", we will have to hear the accused. 1rial in
absentia means the prosecution can present its evidence without
him but the case will not be decided until we catch him because
we have to hear him.9 1he prosecution went to the S2.
7SSC5 Q1: 7s the courtLs interpretation of trial in absentia
correctO
D5,<: ?". <efinitely, that is not the meaning of trial in
absentia. !agtapos na, eh di tapos naV why wait for the accusedO
Dowever, there are Auestions. <oes an accused, who has been
duly tried in absentia retain his rights to present evidence on his
behalf and to confront and cross=e@amine witnesses who
testified against himO 1he court said that, :Cpon the termination
of a trial in absentia, the court has the duty to rule upon the
evidence presented in court. 1he court need not wait for the time
until the accused who escape from custody finally decides to
appear in court to present his evidence and cross=e@amine the
witnesses against him. 1o allow the delay of proceedings for this
purpose is to render ineffective the constitutional provision on
trial in absentia.9
7SSC5 Q&: Jhy is it that an escapee who has been tried in
absentia does not retain his right to cross=e@amine witnesses and
to present evidenceO Dow come those rights are lostO
D5,<: :-y his failure to appear during the trial of which he
had notice, he virtually waived these rights. 1his 2ourt has
consistently held that the right of the accused to confrontation
and cross=e@amination of witnesses is a personal right and may
be waived. 7n the same vein, his right to present evidence on his
behalf, a right given to him for his own benefit and protection,
may be waived by him.9 So an escape can be considered a
waiver.
7SSC5 Q': 7f judgment is rendered as to the said accused and
chances are you would be convicted, would it not violate his
right to be presumed innocent and right to due processO
D5,<: ?", he is still presumed innocent. :* judgment of
conviction must still be based upon the evidence presented in
court. Such evidence must prove him guilty beyond reasonable
doubt. *lso, there can be no violation of due process since the
accused was given the opportunity to be heard.9 7f the
prosecution does not present anything, he would be acAuitted.
?ow, the last sentence of paragraph GcH:
:Cpon motion, the accused may be allowed to defend
himself in person when it sufficiently appears to the court
that he can properly protect his rights without the assistance
of counsel.9
1a8e note that under the first sentence of GcH he can be present and
defend in person and by counsel. Eor e@ample, ayaw niya ng abogadoO
:7 will defend myselfV9 *nong mangyari diyanO 7s the right to counsel
waivable by the accusedO I5S. 1he right to counsel may be waived by
the accused -C1 the waiver must be clear, intelligent and competent.
!eople vs. -en, ,=.'&(, <ec. &(, 1$00)
-ut now, the guideline is clearer the accused can be allowed to
defend himself in person :when it sufficiently appears to the court that
he can properly protect his rights without the assistance of counsel.9
Meaning, although he is not a lawyer, parang marunong and may
common sense namanW the court will say, :Magbasa 8a ng
2onstitution, 2riminal ,aw, 5videnceO9 *ccused: :"oV -asahin 8o lahat
yanV !ag=aralan 8oV 7 will defend myselfV9 *h problema mo na yan. *nd
of course, whether he succeed we do not 8now. 1hat is your ris8. 7 thin8
there is something wrong with that accused.
*ccording to one statesmen, :* lawyer who handles his own case has a
E"", for a client.9
F: ?ow, 7 will e@pand the Auestion: Sabi ng offended party, :*lright,
ayaw ng a8usado na may abogado. *8o rinV *yo8o 8o rin ng abugadoV
7Lll be the one to prosecute himV9 5h meron mang private prosecutorO
:*h hindi na 8ailangan ng private prosecutorV Siya personal, a8o
personal dinV9 2an he do thatO
*: ,etLs go bac8 to +ule 11(, Section 1/ on whether the rights of the
accused and the offended party are same:
:Jhere the civil action for recovery of civil liability is
instituted in the criminal action pursuant to +ule 111, the
offended party may intervene by counsel in the prosecution
of the offense.9
So their rights are different. 1he offended party cannot intervene
personally. 1he law will not allow it. De must have a counsel. Sabihin
niya, :Jala man a8ong pera pang=hire ng private prosecutorO9 5h di
yung fiscalV 1he fiscal will be the one to come in. 1hat is why we have
public prosecutors precisely to handle criminal cases.
Sec. 1 PcQ + )ight to 2ounsel during <rial
1. )ight of the accused%
To Ae de+ended A/ con&el a% e$er/ &%a(e o+ %)e 'roceedin(
+rom
arrai(nmen% %o 'roml(a%ion o+ Ed(men%
2. Wai0er of said right%
T)e acc&ed# 'on mo%ion# ma/ Ae allo7ed %o de+end
)im&el+ in 'er&on
7)en i% &?cien%l/ a''ear& %o %)e cor% %)a% )e can 'ro'erl/
'ro%ec% )i&
ri()%& 7i%)o% %)e a&&i&%ance o+ con&el.
1. Presence during trial
a. Wai0er of appearance
2arredo 0. People
113 S2)& 2:3
4arch 1:, 1556
'irst Di0ision% (anca!co, 8.
'acts%
A+%er acc&ed 7a& arrai(ned# )e !led a 7ri%%en mani+e&%a%ion
7)ic) read&M
K2T3)e nder&i(ned acc&ed )ereA/ 7ai$e& )i&
a''earance drin( %)e
%rial or an/ &%a(e %)ereo+ and )e a(ree& %)a% in ca&e )e +ail&
%o a''ear +or
%rial de&'i%e de no%ice# )i& aA&ence 7ill Ae deemed a&
eG're&& 7ai$er o+ )i&
ri()% %o Ae 're&en%# and %)e 0onoraAle Cor% ma/ 'roceed
7i%) %)e %rial o+
)i& ca&e a& i+ )e 7ere 're&en%. In %)i& connec%ion# )e admi%&
%)a% )e cold
Ae iden%i!ed A/ 7i%ne&&e& 7)o are %e&%i+/in( a% %)e %ime %)a%
&aid acc&ed
7a& no% 're&en%.L
Issue%
1a/ acc&ed Ae ordered arre&%ed A/ %)e cor% +or nonC
a''earance 'on &mmon& %o a''ear +or 'r'o&e& o+
iden%i!ca%ionJ
9eld%
Ye&. W)ile i% )a& Aeen &%a%ed in Peo'le $. Pre&idin( .d(e
41"- SCRA "8F5 %)a% a& an eGce'%ion acc&ed ma/ no% Ae
com'elled %o a''ear e$en +or iden%i!ca%ion# i% a''lie& onl/ 7)en
%)e acc&ed Kn;ali!edl/ admi%& in o'en cor% a+%er )i&
arrai(nmen% %)a% )e i& %)e 'er&on named a& de+endan% in %)e ca&e
on %rial#L no more no le&&. In %)i& ca&e acc&ed onl/ admi%& %)a%
)e can Ae iden%i!ed A/ %)e 'ro&ec%ion 7i%ne&&e& in )i& aA&ence.
0e did no% admi% %)a% )e i& %)e $er/ 'er&on named a& de+endan%
in %)e ca&e on %rial. 0i& admi&&ion i& $a(e and +ar +rom
n;ali!ed. 0e canno% %)ere+ore &eeI %)e Aene!% o+ %)e eGce'%ion
reco(ni6ed in Peo'le $. Pre&idin( .d(e.
. E@ect of failure to appear in one trial date
2risostomo 0. Sandigana!an
#3= S2)& #3
&pril 1#, 2663
'irst Di0ision% 2arpio, 8.
Issue%
W)en acc&ed 7)o i& on Aail +ail& %o a''ear +or a 'ar%iclar
%rial da%e# doe& i% amon% %o a 7ai$er o+ a''earance +or %)e
&A&e;en% %rial da%e&J
9eld%
No. Under Sec. "2c3# Rle 11, and Sec. 12c3# Rle 11- o+ %)e
Rle& o+ Cor%# %)e nonCa''earance o+ %)e acc&ed on a 'ar%iclar
%rial da%e i& merel/ a 7ai$er o+ )i& ri()% %o Ae 're&en% +or %rial on
such date onl" and no% +or %)e &cceedin( %rial da%e&. I% &%a%e&
%)a% K%)e aA&ence o+ %)e acc&ed 7i%)o% an/ E&%i!aAle ca&e a%
%)e %rial on a 'ar%iclar da%e o+ 7)ic) )e )ad no%ice &)all Ae
con&idered a 7ai$er o+ )i& ri()% %o Ae 're&en% drin( %)a% %rial.L I%
i& onl/ 7)en an acc&ed nder c&%od/ )ad Aeen no%i!ed o+ %)e
da%e o+ %)e %rial and e&ca'e& %)a% )e &)all Ae deemed %o )a$e
7ai$ed )i& ri()% %o Ae 're&en% on &aid da%e and on all &A&e;en%
%rial da%e& n%il c&%od/ i& re(ained.
c. In0alid trial in asentia
Parada 0. Deneracion
2=5 S2)& 3:1
4arch 11, 155:
Second Di0ision% <orres, 8.
'acts%
Acc&ed 7a& c)ar(ed 7i%) e&%a+a and 7a& o% on Aail. W)ile
%rial 7a& (oin( on# acc&ed c)an(ed )i& addre&& no%i+/in( %)e
cor% %)ro() )i& con&el a& 7ell a& %)e Aondin( com'an/. W)en
acc&ed +ailed %o a''ear drin( a )earin( Aeca&e no%ice 7a&
&en% %o )i& old addre&&# %)e Ed(e i&&ed a 7arran% +or )i& arre&%#
a''oin%ed a con&el de o!cio +or )im# ordered a %rial in aA&en%ia#
and con$ic%ed )im on %)e %)eor/ %)a% )e 7ai$ed )i& ri()% %o
're&en% e$idence.
Issue%
Wa& %)ere a $alid %rial in aA&en%iaJ
9eld%
No. Under Sec. 1,4"5 o+ %)e <ill o+ Ri()%&# %)e +ollo7in( are
%)e re;i&i%e& o+ a $alid %rial in aA&en%iaM 415 acc&ed )ad alread/
Aeen arrai(ned9 4"5 )e )a& Aeen dl/ no%i!ed o+ %)e %rial9 and 4*5
)i& +ailre %o a''ear i& nE&%i!aAle. In %)i& ca&e acc&ed )ad no%
Aeen dl/ no%i!ed o+ %)e %rial Aeca&e no%ice o+ )earin( 7a& &en%
%o )i& +ormer addre&& de&'i%e %)e +ac% %)a% )e no%i!ed %)e cor% o+
)i& c)an(e o+ addre&&.
d. Dalid trial in asentia
(imene/ 0. -a/areno
1=6 S2)& 1
&pril 13, 1511
En 7anc% (anca!co, 8.
Issues%
W)en ma/ %rial in aA&en%ia 'roceedJ W)ere an acc&ed 7)o
)a& Aeen arrai(ned e&ca'e&# &)old %)e cor% &&'end
'roceedin(& n%il acc&ed i& rearre&%edJ
9eld%
Under %)e Con&%i%%ion# a K%rial in aA&en%iaL ma/ Ae )ad
7)en %)e +ollo7in( re;i&i%e& are 're&en%M 15 %)a% %)ere )a& Aeen
an arrai(nmen%9 "5 %)a% %)e acc&ed )a& Aeen no%i!ed9 and *5
%)a% )e +ail& %o a''ear and )i& +ailre %o do &o i& nE&%i!ed.
T)e cor% need no% 7ai% +or %)e %ime n%il %)e acc&ed 7)o
e&ca'e +rom c&%od/ !nall/ decide& %o a''ear in cor% %o 're&en%
)i& e$idence and cro&&CeGamine %)e 7i%ne&&e& a(ain&% )im. To
allo7 %)e dela/ o+ 'roceedin(& +or %)i& 'r'o&e i& %o render
ineBec%i$e %)e con&%i%%ional 'ro$i&ion on %rial in aA&en%ia. T)i& i&
A%%re&&ed A/ Sec. 1 4c5 o+ Rle 11- o+ %)e Rle& on Criminal
Procedre# 7)ic) &%a%e& %)a% 7)en an acc&ed nder c&%od/ )ad
Aeen no%i!ed o+ %)e da%e o+ %)e %rial and e&ca'e&# )e &)all Ae
deemed %o )a$e 7ai$ed )i& ri()% %o Ae 're&en% on &aid da%e and
on all &A&e;en% %rial da%e& n%il c&%od/ i& re(ained.
2. )ight to 2ounsel
a. 4eaning of the right
People 0. 'errer
#6= S2)& =31
8ul! 11, 2663
En 7anc% Da0ide, 8r., 28.
,uestion%
W)a% doe& %)e ri()% %o con&el mean in a criminal ca&eJ
&nswer%
T)e ri()% %o con&el m&% Ae more %)an E&% %)e 're&ence o+
a la7/er in %)e cor%room or %)e mere 'ro'ondin( o+ &%andard
;e&%ion& and oAEec%ion&. I% mean& %)a% %)e acc&ed i& am'l/
accorded le(al a&&i&%ance eG%ended A/ a con&el 7)o commi%&
)im&el+ %o %)e ca&e +or %)e de+en&e and ac%& accordin(l/. I%
a&&me& an ac%i$e in$ol$emen% A/ %)e la7/er in %)e 'roceedin(&#
'ar%iclarl/ a% %)e %rial# )i& Aearin( con&%an%l/ in mind o+ %)e Aa&ic
ri()%& o+ acc&ed# )i& Aein( 7ellC$er&ed on %)e ca&e# and )i&
Ino7in( %)e +ndamen%al 'rocedre&# e&&en%ial la7& and eGi&%in(
Eri&'rdence. T)e ri()% o+ an acc&ed %o con&el !nd& &A&%ance
in %)e 'er+ormance A/ %)e la7/er o+ )i& &7orn d%/ o+ !deli%/ %o
)i& clien%. I% mean& an e?cien% and %rl/ deci&i$e le(al a&&i&%ance
and no% a &im'le 'er+nc%or/ re're&en%a%ion.
. Defense ! faBe law!er
People 0. Santocildes
321 S2)& 316
Decemer 21, 1555
Second Di0ision% ,uisuming, 8.
'acts%
Acc&ed 7a& c)ar(ed and con$ic%ed o+ %)e crime o+ ra'e and
&en%enced %o reclusion perpetua. Drin( %rial# )e 7a& re're&en%ed
A/ a cer%ain GalAer%o C. Om'on(# 7)o %rned o% %o Ae a nonC
la7/er. On a''eal# )e ar(e& %)a% )i& ri()% %o con&el 7a&
$iola%ed.
Issue%
I& acc&ed correc%J
9eld%
Ye&. T)e ri()% o+ acc&ed %o con&el 7a& $iola%ed# no ma%%er
%)a% %)e 'er&on 7)o re're&en%ed )im )ad %)e aAili%/ o+ a
&ea&oned la7/er and )andled %)e ca&e in a 'ro+e&&ional and
&Iil+l manner. T)i& i& &o Aeca&e an acc&ed 'er&on i& en%i%led %o
Ae re're&en%ed A/ a memAer o+ %)e Aar in a criminal ca&e !led
a(ain&% )im. Unle&& )e i& re're&en%ed A/ a la7/er# %)ere i& a (rea%
dan(er %)a% an/ de+en&e 're&en%ed 7ill Ae inade;a%e con&iderin(
%)e le(al &Iill& needed in cor% 'roceedin(&.
c. Wai0er of right
People 0. <ulin
3=# S2)& 16
&ugust 36, 2661
<hird Di0ision% 4elo, 8.
'acts%
Acc&ed 7ere %ried +or 'irac/. T)e/ 7ere re're&en%ed A/
Toma& Po&ada& 7)o 're&en%ed and eGamined = 7i%ne&&e& Ae+ore
%)e cor% di&co$ered %)a% )e 7a& a nonCla7/er. T)eir ne7 la7/er#
)o7e$er# mani+e&%ed %)a% acc&ed 7ere ado'%in( %)e e$idence
addced 7)en %)e/ 7ere re're&en%ed A/ a nonCla7/er. Con$ic%ed
A/ %)e %rial cor%# %)e/ no7 claim %)a% %)eir ri()% %o con&el 7a&
$iola%ed.
Issue%
S)old %)e con$ic%ion Ae re$er&edJ
9eld%
No. T)e la7 en%i%le& %)e acc&ed %o Ae 're&en% and %o de+end
)im&el+ in 'er&on and A/ con&el a% e$er/ &%a(e o+ %)e
'roceedin(&. 0o7e$er# i% i& al&o 'ro$ided %)a% ri()%& ma/ Ae
7ai$ed# nle&& %)e 7ai$er i& con%rar/ %o la7# 'Alic order# 'Alic
'olic/# e%c. T)e Rle& al&o &%a%e& %)a% K'on mo%ion# %)e acc&ed
ma/ Ae allo7ed %o de+end )im&el+ in 'er&on 7)en i% &?cien%l/
a''ear& %o %)e cor% %)a% )e can 'ro'erl/ 'ro%ec% )i& ri()%&
7i%)o% %)e a&&i&%ance o+ con&el. </ analo(/# i% i& am'l/ &)o7n
%)a% %)e ri()%& o+ acc&ed 7ere &?cien%l/ and 'ro'erl/ 'ro%ec%ed
A/ Toma& Po&ada&. 0e Ine7 %)e %ec)nical rle& o+ 'rocedre.
0ence# %)ere 7a& a $alid 7ai$er o+ %)e ri()% %o &?cien%
re're&en%a%ion drin( %)e %rial# con&iderin( %)a% i% 7a&
ne;i$ocall/# Ino7in(l/# and in%elli(en%l/ made 7i%) %)e +ll
a&&i&%ance o+ %)eir ne7 Aona !de la7/er.
d. -on.appearance of counsel
People 0. Dia/
311 S2)& 313
8ul! 21, 1555
En 7anc% )omero, 8.
'acts%
Acc&ed 7a& con$ic%ed o+ ra'in( )i& o7n da()%er and
&en%enced %o dea%). I% a''ear& %)a% a+%er %)e 'ro&ec%ion re&%ed#
%)e ca&e 7a& &e% +or rece'%ion o+ de+en&e e$idence. 0o7e$er# in
all , &e%%in(& con&el +or %)e acc&ed +ailed %o a''ear de&'i%e
no%ice. T)i& 7a& %rea%ed A/ %)e RTC a& a 7ai$er A/ %)e acc&ed o+
)i& ri()% %o 're&en% e$idence# and i% con&idered %)e ca&e
&Ami%%ed +or deci&ion.
Issue%
Doe& %)e aA&ence o+ con&el amon% %o 7ai$er o+ %)e ri()% o+
acc&ed %o Ae )eardJ
9eld%
No. Acc&ed )a& %)e ri()% %o Ae )eard A/ )im&el+ and
con&el. 0e )a& al&o %)e ri()% %o 're&en% e$idence. Accordin(l/#
denial o+ de 'roce&& can Ae &cce&&+ll/ in$oIed 7)ere no $alid
7ai$er o+ ri()%& )a& Aeen made. In %)i& ca&e# 7e !nd %)a% nder
%)e circm&%ance&# %)e acc&ed 7a& denied de 'roce&& 7)en %)e
&cce&&i$e nonCa''earance o+ )i& con&el 7a& con&%red a& a
7ai$er o+ )i& ri()% %o 're&en% e$idence. Since %)e im'o&aAle
'enal%/ ma/ Ae dea%)# %)e RTC &)old )a$e Aeen more
circm&'ec% in den/in( acc&ed )i& o''or%ni%/ %o 're&en% )i&
&ide# 'ar%iclarl/ &ince )e )im&el+ 7a& 're&en% drin( %)e +or
)earin(&. Clearl/# &c) 're&ence i& a &%ron( indica%ion %)a%
acc&ed 7a& in%ere&%ed in de+endin( )im&el+.
e. &pppointment of counsel de ofcio
People 0. Harranaga
#21 S2)& 336
'eruar! 3, 266#
En 7anc% Per curiam
'acts%
Acc&ed# 7)o are memAer& o+ 'rominen% +amilie& in CeA#
7ere re're&en%ed A/ con&el de parte drin( %)e %rial +or
Iidna''in( 7i%) ra'e. On accon% o+ %)e dila%or/ mo%ion& +or
'o&%'onemen%# or mo%ion& %o 7i%)dra7 a& con&el# !led A/ %)eir
la7/er&# %)e Ed(e direc%ed %)e PAlic A%%orne/P& O?ce %o ac% a&
con&el de o7cio +or %)em.
Issue%
Did %)e Ed(e $iola%e %)e ri()% o+ %)e acc&ed %o con&elJ
9eld%
No. T)ere i& no denial o+ %)e ri()% 7)ere a con&el de o7cio
7a& a''oin%ed drin( %)e aA&ence o+ %)e con&el de parte o+
acc&ed# 'r&an% %o %)e cor%P& de&ire %o !ni&) %)e ca&e a& earl/
a& 'rac%icaAle nder %)e con%ino& %rial &/&%em. 0ere# acc&ed
re;e&%ed +or * 7eeI& %o one mon%) %o looI +or ne7 con&el. Sc)
'eriod i& nrea&onaAle. Acc&ed cold )a$e )ired ne7 la7/er& a%
a &)or%er %ime )ad %)e/ 7an%ed %o. T)e con&%i%%ional (aran%ee
o+ ri()% %o con&el doe& no% mean %)a% acc&ed ma/ a$oid %rial A/
ne(lec%in( or re+&in( %o &ecre a&&i&%ance o+ con&el and A/
re+&in( %o 'ar%ici'a%e in %rial. O%)er7i&e# %)e 'ace o+ criminal
'ro&ec%ion 7ill Ae en%irel/ dic%a%ed A/ %)e acc&ed %o %)e
de%rimen% o+ %)e e$en%al re&ol%ion o+ %)e ca&e.
f. -on.appointment of counsel de ofcio
Sa!son 0. People
1== S2)& =16
Actoer 21, 1511
<hird Di0ision% 2ortes, 8.
Issue%
W)ere an acc&ed 7)o i& re're&en%ed A/ a con&el de parte
a''ear& +or %rial 7i%)o% )i& la7/er# i& i% incmAen% 'on %)e %rial
Ed(e %o a''oin% a con&el de o7cio +or )imJ
9eld%
No. T)e d%/ o+ %)e cor% %o a''oin% a con&el de o7cio 7)en
%)e acc&ed )a& no con&el o+ c)oice and de&ire& %o em'lo/ %)e
&er$ice& o+ one i& manda%or/ onl/ a% %)e %ime o+ arrai(nmen%
4Rle 118# Sec. 8# Re$i&ed Rle& o+ Cor%.5 T)i& i& no lon(er &o
7)ere %)e acc&ed )a& 'roceeded 7i%) %)e arrai(nmen% and %)e
%rial 7i%) a con&el o+ )i& c)oice A% 7)en %)e %ime +or %)e
're&en%a%ion o+ %)e e$idence +or %)e de+en&e )a& arri$ed# )e
a''ear& A/ )im&el+ alone and %)e aA&ence 7a& ineGc&aAle. A%
%)e mo&%# %)e a''oin%men% o+ a con&el de o7cio in &i%a%ion& liIe
%)e 're&en% ca&e i& di&cre%ionar/ 7i%) %)e %rial cor%# 7)ic)
di&cre%ion 7ill no% Ae in%er+ered 7i%) in %)e aA&ence o+ aA&e.
g. Ine@ecti0e counsel
People 0. 7ermas
36= S2)& 133
&pril 21, 1555
En 7anc% Ditug, 8.
'acts%
Acc&ed# an indi(en%# 7a& c)ar(ed 7i%) ra'e# con$ic%ed and
&en%enced %o dea%). 0i& !r&% la7/er 7i%)dre7 a+%er %)e direc%
eGamina%ion o+ %)e $ic%im and cro&&CeGamina%ion 7a& done A/
ano%)er de o!cio la7/er 7)o onl/ 're'ared +or 1> min%e&. T)e
%)ird de o!cio la7/er al&o 7an%ed %o 7i%)dre7 A% 7a& 're$ailed
'on A/ %)e cor% and )e 're&en%ed %)e acc&ed a& 7i%ne&&# A%
la%er al&o cea&ed %o a''ear +or nIno7n rea&on&.
Issue%
Wa& %)e ri()% %o con&el o+ acc&ed $iola%edJ
9eld%
Ye&. Acc&ed 7a& no% 'ro'erl/ and eBec%i$el/ accorded %)e
ri()% %o con&el. T)e ri()% %o con&el 'roceed& +rom %)e
+ndamen%al 'rinci'le o+ de 'roce&& 7)ic) Aa&icall/ mean& %)a%
a 'er&on m&% Ae )eard Ae+ore Aein( condemned. T)e ri()% %o
con&el m&% Ae more %)an E&% %)e 're&ence o+ a la7/er in %)e
cor%room or %)e mere 'ro'ondin( o+ &%andard ;e&%ion& and
oAEec%ion&. T)e ri()% %o con&el mean& %)a% %)e acc&ed i& am'l/
accorded le(al a&&i&%ance eG%ended A/ a con&el 7)o commi%&
)im&el+ %o %)e ca&e o+ %)e de+en&e and ac%& accordin(l/. T)e
ri()% a&&me& an ac%i$e in$ol$emen% A/ a la7/er in %)e
'roceedin(&# )i& Aearin( con&%an%l/ in mind o+ %)e Aa&ic ri()%& o+
%)e acc&ed# )i& Aein( 7ellC$er&ed on %)e ca&e and )i& Ino7in(
%)e +ndamen%al 'rocedre&# e&&en%ial la7& and eGi&%in(
Eri&'rdence.
h. JIntelligent counselO
People 0. Hiwanag
3=3 S2)& =2
&ugust 13, 2661
'irst Di0ision% >nares.Santiago, 8.
'acts%
Acc&ed 7a& con$ic%ed o+ )i()7a/ roAAer/ 7i%) ml%i'le
ra'e. Drin( %rial )e 7a& a&&i&%ed A/ con&el de o7cio# a PAO
la7/er. In %)e middle o+ %)e %rial# )e re%ained %)e &er$ice& o+
con&el de parte. A+%er )e 7a& con$ic%ed A/ %)e RTC# ano%)er
la7/er !led %)e no%ice o+ a''eal A% +ailed %o !le %)e a''ellan%P&
Arie+. <e+ore %)e SC )e 7a& re're&en%ed A/ ano%)er con&el de
o7cio. 0e no7 claim& %)a% )i& ri()% %o con&el 7a& $iola%ed
Aeca&e )i& con&el made in&?cien% cro&&CeGamina%ion o+ %)e
'ro&ec%ion 7i%ne&&e&# and +ailed %o im'eac) %)e %e&%imon/ o+
com'lainan% %)ro() %)e &e o+ con%radic%or/ e$idence.
Issue%
Doe& %)e ri()% %o con&el inclde %)e (aran%ee o+ an
in%elli(en% con&elJ
9eld%
No. T)e Kri()% %o Ae a&&i&%ed A/ con&elL doe& no%
're&''o&e K%)e ri()% %o an in%elli(en% con&el.L T)e re;iremen%
i& no% +or con&el %o Ae in%elli(en%# A% %o Ae eBec%i$e. W)ile
+airne&& i& %)e oAEec% o+ Ar%. III# Sec. 1, 2"3 o+ %)e Con&%i%%ion# %)e
a&&i&%ance aBorded A/ con&el %o an acc&ed need onl/ Ae in
accordance 7i%) %)e 'ro$i&ion& o+ %)e Rle& o+ Cor% and %)e Code
o+ Pro+e&&ional Re&'on&iAili%/. In %)e P)ili''ine &e%%in(# a con&el
a&&i&%in( an acc&ed i& 're&med %o Ae 'ro$idin( all %)e
nece&&ar/ le(al de+ence& 7)ic) are rea&onaAle nder %)e
circm&%ance& in accordance 7i%) &aid norm&. Co'led 7i%) %)e
're&m'%ion %)a% con&elP& 'er+ormance 7a& rea&onaAle nder
%)e circm&%ance&# a& lon( a& %)e %rial 7a& +air in %)a% acc&ed
7a& accorded de 'roce&& A/ mean& o+ an eBec%i$e a&&i&%ance o+
con&el# %)en %)e con&%i%%ional re;iremen% %)a% an acc&ed &)all
)a$e %)e ri()% %o Ae )eard A/ )im&el+ and con&el i& &a%i&!ed.
i. Defending oneLs self
People 0. Sesreno
31# S2)& 1:
Septemer 5, 1555
Second Di0ision% ,uisuming, 8.
'acts%
Acc&ed 7a& c)ar(ed 7i%) mrder. <ein( a 'rac%icin( la7/er#
)e in&i&%ed on re're&en%in( )im&el+. De&'i%e 'roddin( A/ %)e cor%
and an oBer o+ %)e 'o&&iAili%/ o+ a&&i&%ance +rom %)e PAO# )e
)andled )i& o7n de+en&e and 7a& con$ic%ed.
Issue%
Wa& %)e ri()% %o con&el o+ acc&ed $iola%edJ
9eld%
No. Acc&ed ac%ed a& )i& o7n con&el. To alle(e no7 %)a% )i&
ri()% %o Ae a&&i&%ed A/ con&el 7a& $iola%ed i& %o Aend %)e %r%)
%oo +ar. T)e con&%i%%ional ri()% o+ %)e acc&ed %o con&el i& no%
$iola%ed 7)ere )e 7a& re're&en%ed A/ a 'rominen% and
com'e%en% memAer o+ %)e <ar# namel/ )im&el+# e$en i+ %)ere 7ere
o%)er& a$ailaAle. 0e i& no7 &%o''ed +rom claimin( %)a% %)e %rial
cor% $iola%ed )i& ri()% %o Ae re're&en%ed A/ con&el o+ )i& o7n.
d) 1o testify as a witness in his own behalf but subject to
cross=e@amination on matters covered by direct
e@amination. Dis silence shall not in any manner prejudice
him.
)ight to <estif! in his own 7ehalf
1. )ight guaranteed
T)e acc&ed )a& %)e ri()% %o %e&%i+/ a& a 7i%ne&& in )i&
o7n Ae)al+
2. 2ondition for the e*ercise of such right%
0e can Ae cro&&CeGamined on ma%%er& co$ered A/ direc%
eGamina%ion
4deemed a 7ai$er o+ )i& ri()% a(ain&% &el+Cincrimina%ion5
3. E@ect of silence on the part of the accused%
I% &)all no% in an/ manner 'reEdice )im
1. Wai0er of right to testif!
People 0. <agana
#2# S2)& =26
4arch #, 266#
Second Di0ision% &ustria.4artine/, 8.
'acts%
Acc&ed# %o(e%)er 7i%) &e$eral o%)er&# 7a& c)ar(ed
7i%) mrder. Drin( %rial# )i& con&el mani+e&%ed %o %)e
cor% %)a% )e i& in$oIin( %)e de+en&e o+ aliAi and denial
and 7a& ado'%in( %)e ar(men%& o+ one o+ )i& coCacc&ed.
T)erea+%er# con&el +or %)e acc&ed re&%ed. La%er acc&ed
7a& con$ic%ed. W)ile )i& con$ic%ion 7a& 'endin( re$ie7
A/ %)e S'reme Cor%# )e &en% a )and7ri%%en le%%er %o %)e
Pre&iden%ial Ac%ion Cen%er &eeIin( )el' %o reo'en )i& ca&e
7)ic) 7a& dl/ indor&ed %o %)e Cor%. 0e claim& %)a% )e
7a& ne$er a&Ied %o (i$e )i& &%a%emen% and 7a& ne$er
(i$en a c)ance %o %e&%i+/ in cor%.
Issue%
Wa& acc&ed de'ri$ed o+ )i& ri()% %o %e&%i+/ in )i& o7n
Ae)al+J
9eld%
No. W)ile acc&ed decrie& )i& alle(ed +r&%ra%ed de&ire
%o %e&%i+/ in cor%# %)i& i& no7 7a%er nder %)e Arid(e.
Acc&ed )ad all %)e ri()% and o''or%ni%/ %o do &o. 0e 7a&
'ro'erl/ re're&en%ed A/ )i& con&el o+ c)oice and %)ere
7a& no )indrance %o )i& %e&%i+/in( eGce'% )i& o7n $oli%ion.
W)ile )i& &ilence 7ill no% in an/ manner 'reEdice )im# )e
canno% no7 Ae )eard %o com'lain +or )i& +ailre %o a$ail o+
)i& ri()% %o Ae a 7i%ne&& in )i& o7n Ae)al+. I+ acc&ed +el%
%)a% )e 7a& de'ri$ed o+ )i& ri()%&# )e cold )a$e ea&il/
mo$ed +or ne7 %rial or recon&idera%ion. 0e did no%.
1his is the right of the accused to testify on his own behalf. -ut he has
no obligation to testify. 7f you connect this to the ne@t right GeH to be
e@empt to be a witness against himself that is why you cannot compel
him to testify) once he testifies on his own behalf, he waives the
privilege against self=incrimination and he can be cross=e@amined li8e
any other witness. De cannot say, :7 will testify but 7 refuse to be cross=
e@amined.9 1hat would be unfair noO
So, you are waiving your right against self=incrimination if you testify
in your own behalf because the law is clear subject to cross=
e@amination on matters covered by the direct e@amination. Iou can be
cross=e@amined on matters covered by direct e@amination. ,etLs go bac8
to 5vidence.
F: Jhat is the rule on cross=e@aminationO
*: ,oo8 at +ule 1'&, Section /:
:Cpon termination of the direct e@amination, the witness
may be cross=e@amined by the adverse party as to any
matters stated in the direct e@amination, or connected
therewith, with sufficient fullness and freedom from interest
or bias, or the reverse, and to elicit all important facts bearing
upon the issue.9
So,it is very broad Iou can be cross=e@amined on matters or
connected with matters in the direct e@amination with sufficient fullness
and freedom, etc. very liberalV 7t is called the 5?%,7SD +C,5 on
cross=e@amination.
1he *M5+72*? +C,5 on cross=e@amination is different the
witness can be cross=e@amined "?,I on matters stated in the direct
e@amination.
7n the !hilippines, we followed the 5nglish +ule because of +ule 1'&,
Section /. Dowever, it seems the *merican +ule on cross=e@amination is
applied, as an e@ception, when you are tal8ing about cross=e@amining an
accused in a criminal case because of paragraph GdH subject to cross=
e@amination on matters covered by the direct e@amination.
F: ?ow, what is the effect if the accused does not want to testify on
his own behalfO
*: ?o unfavorable deduction can be drawn from the neglect or
refusal of an accused to testify. C.S. vs. ,uBon, # !hil. '#') Dis silence
is not in any manner prejudice him. paragraph GdH)
Meaning, if he refuses to testify, that should not be ta8en against him
because of his right to remain silent. De can testify if he wants to. 6ung
ayaw niya, puwede rin. *dmission by silence is not generally applicable.
*,1D"C%D there are one or two decisions of the S2 where it said that
if the evidence presented by the prosecution is overwhelming, the
accused should testify. "ne of these cases is the 1$$. case of
!5"!,5 vs. <5,M5?<"
&$/ S2+* '41 G1$$.H
7SSC5: 7f the accused refuses to testify, can it be ta8en
against himO
D5,<: %eneral +ule is ?". -C1 the S2 said in this case,
:*n adverse inference may also be deduced from accusedLs
failure to ta8e the witness stand. Jhile his failure to testify
cannot be considered against him, it may however help in
determining his guilt. 1he une@plained failure of the accused to
testify, under a circumstance where the crime imputed to him is
so serious that places in the balance his very life and that his
testimony might at least help in advancing his defense, gives
rise to an inference that he did not want to testify because he
does not want to betray himself.9
:*n innocent person will at once naturally and emphatically
repel an accusation of crime, as a matter of self=preservation,
and as precaution against prejudicing himself. * personLs
silence, therefore, particularly when it is persistent, may justify
an inference that he is not innocent. 1hus, we have the general
principle that when an accused is silent when he should spea8,
in circumstances where an innocent person so situated would
have spo8en, on being accused of a crime, his silence and
omission are admissible in evidence against him. *ccordingly, it
has been aptly said that silence may be assent as well as
consent, and may, where a direct and specific accusation of
crime is made, be regarded under some circumstances as a
Auasi=confession.9
GeH 1o be e@empt from being compelled to be a witness against
himself.
1his is the right against self=incrimination ?emo tenetur seipsum
accusare.
1. 4echanical acts
a. <aBing of hair strands
People 0. )ondero
326 S2)& 313
Decemer 5, 1555
En 7anc% Per curiam
'acts%
Rondero 7a& c)ar(ed 7i%) ra'e 7i%) )omicide. W)en %)e
cor'&e o+ %)e FC/ear old $ic%im 7a& +ond# %i()%l/ (ri''ed in )er
ri()% )and 7ere )air &%rand&. To enaAle %)e N<I %o condc% an
eGamina%ion on %)e )air &%rand&# i% &en% a +aG me&&a(e %o %)e
'olice %)a% )air &%rand& Ae 'lled# no c%# +rom Rondero# +rom %)e
, re(ion& o+ )i& )ead +or com'ari&on 7i%) %)e &'ecimen. </ %)en
Rondero 7a& de%ained and )e no7 claim& %)a% )i& )air &%rand&
7ere %aIen A/ %)e 'olice 7i%)o% )i& con&en%.
Issue%
Wa& )i& ri()% a(ain&% &el+Cincrimina%ion $iola%edJ
9eld%
No. W)a% i& 'ro&criAed A/ %)e ri()% a(ain&% &el+Cincrimina%ion
i& %)e &e o+ ')/&ical or moral com'l&ion %o eG%or%
commnica%ion +rom %)e acc&ed# and no% %)e incl&ion o+ )i&
Aod/ in e$idence 7)en i% ma/ Ae ma%erial. For in&%ance#
&A&%ance emi%%ed +rom %)e Aod/ o+ %)e acc&ed ma/ Ae recei$ed
a& e$idence in 'ro&ec%ion +or ra'e# and mor')ine +orced o% o+
)i& mo%) ma/ al&o Ae &ed a& e$idence a(ain&% )im.
Con&e;en%l/# al%)o() Rondero in&i&%& %)a% )air &am'le& 7ere
+orciAl/ %aIen +rom )im and &Ami%%ed %o %)e N<I +or +oren&ic
eGamina%ion# %)e )air &am'le& ma/ Ae admi%%ed in e$idence
a(ain&% )im +or 7)a% i& 'ro&criAed i& %)e &e o+ %e&%imonial
com'l&ion or an/ e$idence commnica%i$e in na%re ac;ired
+rom )im nder dre&&.
. E*amination of sperm specimen
People 0. >atar
#21 S2)& 36#
4a! 15, 266#
En 7anc% Per curiam
'acts%
Acc&ed 7a& con$ic%ed o+ ra'e 7i%) )omicide. Amon( %)e
e$idence 're&en%ed 7a& %)e %e&%in( o+ %)e DNA o+ %)e &'erm
&'ecimen +rom %)e $a(ina o+ %)e $ic%im# 7)ic) 7a& iden%i!ed %o
Ae %)a% o+ %)e (ene %/'e o+ %)e acc&ed. Acc&ed con%end& %)a%
%)e Alood &am'le %aIen +rom )im a& 7ell a& %)e DNA %e&%& 7ere
condc%ed in $iola%ion o+ )i& ri()% a(ain&% &el+Cincrimina%ion.
Issue%
Wa& %)e ri()% o+ acc&ed no% %o Ae a 7i%ne&& a(ain&% )im&el+
$iola%edJ
9eld%
No. T)e Iernel o+ %)e ri()% a(ain&% &el+Cincrimina%ion i& no%
a(ain&% all com'l&ion# A% a(ain&% %e&%imonial com'l&ion. T)e
ri()% a(ain&% &el+Cincrimina%ion i& &im'l/ a(ain&% %)e le(al 'roce&&
o+ eG%rac%in( +rom %)e li'& o+ %)e acc&ed an admi&&ion o+ (il%.
0ence# a 'er&on ma/ Ae com'elled %o &Ami% %o !n(er'rin%in(#
')o%o(ra')in(# 'ara?n# Alood and DNA %e&%&# a& %)ere i& no
%e&%imonial com'l&ion in$ol$ed. I% m&% al&o Ae no%ed %)a% %)e
acc&ed in %)i& ca&e &Ami%%ed )im&el+ +or Alood &am'lin( %)a%
7a& condc%ed in o'en cor% in %)e 're&ence o+ con&el.
2. Searching in?uir! and self.incrimination
People 0. 7esonia
#22 S2)& 216
'eruar! 3, 266#
En 7anc% Da0ide, 8r., 2.8.
'acts%
Acc&ed 'leaded (il%/ %o " con%& o+ mrder. T)e RTC
condc%ed a &earc)in( in;ir/ in%o %)e $oln%arine&& and +ll
com're)en&ion o+ %)e con&e;ence& o+ )i& (il%/ 'lea. In %)e
cor&e o+ %)e ;e&%ionin(# acc&ed admi%%ed %)a% )e &)o% %)e
$ic%im& 7i%) a .*D caliAer Aeca&e %)e/ 7ere 'lannin( %o Iill )im.
On a%oma%ic re$ie7 o+ %)e dea%) &en%ence&# acc&ed claim& %)a%
)i& admi&&ion& and con+e&&ion& $iola%ed )i& ri()% no% %o %e&%i+/
a(ain&% )im&el+.
Issue%
I& %)e con%en%ion correc%J
9eld%
No. T)e ri()% a(ain&% &el+Cincrimina%ion i& in%ended %o 're$en%
%)e S%a%e# 7i%) all i%& coerci$e 'o7er&# +rom eG%rac%in( +rom %)e
&&'ec% %e&%imon/ %)a% ma/ con$ic% )im and %o a$oid a 'er&on
&AEec%ed %o &c) com'l&ion %o 'erEre )im&el+ +or )i& o7n
'ro%ec%ion. I% doe& no% a''l/ 7)ere# a& in %)e&e ca&e&# %)e
%e&%imon/ 7a& +reel/ and $oln%aril/ (i$en A/ %)e acc&ed )im&el+
7i%)o% an/ com'l&ion +rom %)e a(en%& o+ %)e S%a%e. T)ere i&
no%)in( in %)e record& %)a% 7old indica%e %)a% acc&ed 7a&
+orced# in%imida%ed# or com'elled A/ %)e %rial cor% or A/ an/Aod/
in%o admi%%in( %)e crime&. A% an/ ra%e# )i& 'lea o+ (il%/ and
con+e&&ion or admi&&ion& drin( %)e &earc)in( in;ir/ canno% Ae
%)e &ole Aa&i& +or )i& con$ic%ion.
1a8e note that the right of the accused against self=incrimination is
not limited to testimonial evidence. *ccording to the S2, it refers not
only to testimonial compulsion but also to production by the accused of
incriminating documents and things. ;illaflor vs. Summers, #1 !hil. /&)
So you cannot subpoena his personal documents.
Dowever, supposed you are as8ed to perform a mechanical act, for
e@ample footprint, :7lagay mo nga yang paa mo diyan behV ,etLs find
out 8ung pareho 8ayo ng siBe nung footprint.9 1his is not covered.
Mechanical lang yan eh physical act. Dowever, to produce specimen
signature reAuires concentration and intelligence. 1his is covered by the
protection. !eople vs. "tadora, ./ !hil. &##3 -ermudeB vs. 2astillo, /#
!hil. #''3 -eltran vs. Samson, 0' !hil. 04()
1here was a tric8y Auestion in the -ar e@am in the past:
!+"-,5M: 1he accused is charged with falsification for writing a
falsified letter. 1he prosecution present its evidence that this letter was
written by the accused. 1he accused said, :?o, that is not my
handwriting.9 "n cross=e@amination, he was as8ed to write on a piece of
paper as dictated. 1he defense object on the ground of violation of the
right to self=incrimination. +ule on the objection.
*?SJ5+: 1he objection should be overruled. 1he case is not
covered by the right against self=incrimination. De can be compelled
because he testified that it is not his handwriting. Erom that moment he
waived his right against self=incrimination. 7t is unfair that you say it is
not your signature and 7 have no way of telling you to give me a
specimen.
F: Dow is the right against self=incrimination waivedO
*: 1he privilege is waivable by the accused ta8ing the stand and
testifying as a witness or by freely answering the incriminating Auestions
put to him. C.S. vs. %rant, 1. !hil. 1&&3 C.S. vs. +ota, $ !hil. #&/) "r
by not objecting.
F: Jhat is the reason for the right of an accused against self=
incriminationO
*: 1he rule was established on the ground of public policy, because if
the accused were reAuired to testify, he would be placed under the
strongest temptation to commit perjury, and of humanity, because it
would prevent the e@tortion of confession by duress. C.S. vs. ?avarro,
' !hil. 1#') So, if you reAuire him to testify, chances are he will lie.
1hat is why according to former C.S. S2 >ustice -lac8, :1he accused
should not be fried by his own fat. Ge di coo8ing oilVH ?o sane man will
burn his own shirt nor he will get a stone to hit his own head. 1he
privilege against self=incrimination is one of the great landmar8s in
manLs struggle to ma8e himself civiliBed. Je do not ma8e even the most
hardened criminal sign his own death warrant or dig his own grave.9
"ur own S2 also followed that 8ind of e@planation through >ustice
+eynato !uno in the 1$$# case of
M*!* vs. S*?<7%*?-*I*?
&'1 S2+* 4.'
D5,<: :1he days of inAuisitions brought about the most
despicable abuses against human rights. ?ot the least of these
abuses is the e@pert use of coerced confessions to send to the
guillotine even the guiltless. 1o guard against the recurrence of
this totalitarian method, the right against self=incrimination was
ensconced in the fundamental laws of all civiliBed countries.9
f) 1o confront and cross=e@amine the witnesses against
him at the trial. 5ither party may utiliBe as part of its
evidence the testimony of a witness who is deceased, out of
or can not with due diligence be found in the !hilippines,
unavailable, or otherwise unable to testify, given in another
case or proceeding, judicial or administrative, involving the
same parties and subject matter, the adverse party having the
opportunity to cross=e@amine him.
)ight to 2onfrontation
1. )ight guaranteed%
T)e acc&ed )a& %)e ri()% %o con+ron% and cro&&CeGamine %)e
7i%ne&&e&
a(ain&% )im a% %)e %rial
2. &dditional eneft granted ! Sec. 1PfQ + Ei%)er 'ar%/ ma/
&e a& e$idence %e&%imon/ o+ a 7i%ne&& 7)o i& no% 're&en% drin(
%rial# 'ro$idedM
1. Said 7i%ne&& i&M
1. Decea&ed#
". o% o+ or can no% 7i%) de dili(ence Ae +ond in %)e
P)ili''ine&#
*. Una$ailaAle# or
,. O%)er7i&e naAle %o %e&%i+/9 and
". Said %e&%imon/ 7a& (i$en A/ %)e 7i%ne&& in ano%)er ca&e
or 'roceedin(M
1. Edicial or admini&%ra%i$e# and
". in$ol$in( %)e &ame 'ar%ie& or &AEec% ma%%er9 and
*. T)e ad$er&e 'ar%/ )ad %)e o''or%ni%/ %o cro&&CeGamine
&aid 7i%ne&&
1. )ight to confrontation
People 0. Arti/.4i!aBe
2:5 S2)& 116
Septemer 1=, 155:
Second Di0ision% )egalado, 8.
,uestion%
W)a% are %)e 'r'o&e& o+ %)e ri()% %o con+ron%a%ionJ
&nswer%
T)e ri()% %o con+ron%a%ion )a& %7o 'r'o&e&M !r&%# %o &ecre
%)e o''or%ni%/ o+ cro&&CeGamina%ion9 and# &econd# %o allo7 %)e
Ed(e %o oA&er$e %)e de'or%men% and a''earance o+ %)e 7i%ne&&
7)ile %e&%i+/in(.
2. &$da0it as e0idence
People 0. Santos
135 S2)& 313
-o0emer 11, 1513
En 7anc% Escolin, 8.
'acts%
T)e RTC con$ic%ed %)e acc&ed o+ mrder Aa&ed mainl/ on
an a?da$i% 7)ic) 7a& 're&en%ed# marIed and oBered A/ %)e
'ro&ec%ion. T)e a?an%# )o7e$er# did no% %e&%i+/ drin( %rial.
Issue%
Wa& %)e ri()% %o con+ron%a%ion o+ acc&ed $iola%edJ
9eld%
Ye&. T)e admi&&ion o+ &c) )ear&a/ e$idence and %)e
con$ic%ion o+ acc&ed on %)e Aa&i& %)ereo+ (ra$el/ $iola%ed )i&
con&%i%%ional ri()% %o mee% %)e 7i%ne&& +ace %o +ace. Since %)e
a?an% ne$er %ooI %)e &%and drin( %)e %rial# )i& &7orn &%a%emen%
i& aA&ol%el/ inadmi&&iAle in e$idence +or Aein( )ear&a/. T)e
con&%i%%ional ri()% %o con+ron%a%ion 'reclde& reliance on
a?da$i%. Sc) a con&%i%%ional &a+e(ard canno% Ae &a%i&!ed
nle&& %)e o''or%ni%/ i& (i$en %)e acc&ed %o %e&% %)e crediAili%/
o+ an/ 'er&on# 7)o# A/ a?da$i% or de'o&i%ion 7old im'%e %)e
commi&&ion o+ an oBen&e %o )im. I% 7old Ae %o di&re(ard one o+
%)e mo&% $alaAle (aran%ee& o+ a 'er&on acc&ed i+ &olel/ on %)e
a?da$i%& 're&en%ed# )i& (il% cold Ae 'redica%ed.
3. Death of witness
People 0. -arca
2:3 S2)& =5=
8ul! 21, 155:
<hird Di0ision% 'rancisco, 8.
'acts%
A+%er %)e 'ro&ec%ion 7i%ne&& %e&%i!ed# acc&ed mo$ed +or
de+ermen% o+ )er cro&&CeGamina%ion. <e+ore %)e &c)edled da%e o+
)er cro&&CeGamina%ion# %)e 7i%ne&& died.
Issue%
1&% )er %e&%imon/ on direc% eGamina%ion Ae eG'n(ed +rom
%)e record&J
9eld%
No. W)ere dea%) 're$en%& %)e cro&&CeGamina%ion nder &c)
circm&%ance& %)a% no re&'on&iAili%/ o+ an/ &or% can Ae a&criAed %o
%)e 'lain%iB or %)e 7i%ne&&# i% &eem& a )ar&) mea&re %o &%riIe o%
all %)a% )a& oA%ained in %)e direc% eGamina%ion. <e&ide&# mere
o''or%ni%/ and no% ac%al cro&&CeGamina%ion i& %)e e&&ence o+
%)e ri()% %o cro&&CeGamine. Acc&ed lo&% &c) o''or%ni%/ 7)en
)e &o()% %)e de+ermen% o+ )i& cro&&CeGamina%ion o+ %)e 7i%ne&&#
and )e onl/ )a& )im&el+ %o Alame in +ore$er lo&in( %)a% ri()% A/
rea&on o+ )er demi&e.
#. )ecalling witness for cross.e*amination
a. 7urden of recalling witness
People 0. Digno, 8r.
236 S2)& 23:
-o0emer 23, 1553
'irst Di0ision% 7ellosillo, 8.
Issue%
W)ere a 7i%ne&& +or %)e 'ro&ec%ion )a& no% Aeen cro&&C
eGamined a+%er )er %e&%imon/# 7)o )a& %)e Arden o+ en&rin(
%)a% &)e i& cro&&CeGamined a% ano%)er %imeJ
9eld%
I% &)old Ae %)e con&el +or %)e o''o&in( 'ar%/ 7)o &)old
mo$e %o cro&&CeGamine 'lain%iBP& 4'ro&ec%ion5 7i%ne&&e&. I% i&
aA&rd +or %)e 'lain%iB 4'ro&ec%or5 )im&el+ %o a&I %)e cor% %o
&c)edle %)e cro&&CeGamina%ion o+ )i& o7n 7i%ne&&e& Aeca&e i% i&
no% )i& oAli(a%ion %o en&re %)a% )i& de'onen%& are cro&&C
eGamined. 0a$in( 're&en%ed )i& 7i%ne&&e& %)e Arden &)i+%& %o )i&
o''onen% 7)o m&% no7 maIe %)e a''ro'ria%e mo$e.
. Discretion of the "udge to recall
People 0. Artillas
#21 S2)& =35
4a! 26, 266#
Second Di0ision% &ustria.4artine/, 8.
'acts%
A+%er %)e onl/ 'ro&ec%ion e/eC7i%ne&& %o %)e mrder
%e&%i!ed on direc% eGamina%ion# con&el +or %)e acc&ed mo$ed +or
'o&%'onemen%. T)erea+%er# con&el 7i%)dre7 and %)e 7i%ne&& 7a&
ne$er &A'oenaed nor 're&en%ed +or cro&&CeGamina%ion n%il %)e
de+en&e re&%ed. In +ac%# a mo%ion A/ %)e ne7 con&el o+ acc&ed %o
cro&&CeGamine %)e 7i%ne&& 7a& denied A/ %)e %rial cor%.
E$en%all/# %)e Ed(e con$ic%ed acc&ed Aa&ed mainl/ on %)e
%e&%imon/ o+ %)e 7i%ne&&.
Issue%
Doe& %)e Ed(men% ndl/ de'ri$e acc&ed o+ )i& ri()% %o
cro&&CeGamine %)e 7i%ne&&J
9eld%
Ye&. Under Rle 11-# Sec. 12e3 o+ %)e Re$i&ed Rle& o+ Cor%#
%)e acc&ed )a& %)e ri()% K%o con+ron% and cro&&CeGamine %)e
7i%ne&&e& a(ain&% )im a% %)e %rial.L T)e re+&al o+ %)e Ed(e %o
(i$e o''or%ni%/ %o %)e ne7 con&el o+ acc&ed %o cro&&CeGamine
'ro&ec%ion 7i%ne&& on %)e (rond %)a% 'ro&ec%ion )ad alread/
re&%ed i%& ca&e# i& 'a%en%l/ a (ra$e aA&e o+ di&cre%ion on )i& 'ar%.
W)ile i% i& 7ell 7i%)in %)e %rial cor%P& di&cre%ion %o allo7 %)e recall
o+ 7i%ne&&# nder %)e +ore(oin( circm&%ance&# %)e Ed(e &)old
)a$e Ino7n %)a% %)e in%ere&% o+ E&%ice re;ired %)a% acc&ed
&)old )a$e Aeen (i$en %)e o''or%ni%/ %o cro&&CeGamine# a& i%
7a& no% )i& +al% %)a% %)e 7i%ne&& )ad no% Aeen cro&&CeGamined.
W)ile a 'e%i%ion +or cer%iorari cold )a$e Aeen dl/ a$ailed o+ A/
con&el +or acc&ed %o rec%i+/ %)e Ed(eP& (ra$e aA&e o+
di&cre%ion# acc&ed &)old no% Ae made %o &Ber +or %)e +ailre o+
)i& con&el %o do &o9 a& a la/man# )e cold no% )a$e Ino7n Ae%%er
a& %o 7)a% m&% Ae done nder %)e circm&%ance&.
c. )ecalling complainant for cross.e*amination
People 0. Dela 2ru/
136 S2)& =1:
8une 16, 151:
Second Di0ision% (utierre/, 8r.
Issue%
Did %)e cor% aA&e i%& di&cre%ion in den/in( a mo%ion o+ ne7
con&el %o recall 'ri$a%e com'lainan% in a ra'e ca&e +or +r%)er
cro&&CeGamina%ionJ
9eld%
No. T)ere 7a& no mani+e&% aA&e o+ di&cre%ion in re+&in( %o
allo7 or recall com'lainan% %o %)e 7i%ne&& &%and +or addi%ional
cro&&CeGamina%ion on accon% o+ a ne7l/ re%ained con&el. T)e
com'lainan% )ad alread/ eG'erienced (rea% emAarra&&men% in
narra%in( %)e &eGal aA&e& on )er. To allo7 )er %o Ae recalled %o
%)e 7i%ne&& &%and in &'i%e o+ a 're$io& eG%en&i$e cro&&C
eGamina%ion 7old Ae %an%amon% %o )ara&&men%.
3. <estimon! in preliminar! in0estigation
a. <estimon! of witness who died
De Heon 0. People
216 S2)& 131
8une 22, 1552
<hird Di0ision% (utierre/, 8r., 8.
Issue%
1a/ %)e %e&%imon/ o+ a 7i%ne&& %aIen drin( %)e 'reliminar/
in$e&%i(a%ion Ae &ed in e$idence a(ain&% %)e acc&ed 7)ere &aid
7i%ne&& died Ae+ore )e cold %e&%i+/ a% %)e %rialJ
9eld%
Ye&. </ %)e eG're&& 'ro$i&ion o+ Sec. 12+3 Rle 11- o+ %)e
Rle& o+ Cor%# %)e %e&%imonie& (i$en A/ 7i%ne&&e& drin( %)e
'reliminar/ in$e&%i(a%ion o+ %)e ca&e on %rial &)old Ae admi%%ed
in%o e$idence 7)en &c) %e&%imon/ 7a& %aIen A/ ;e&%ion and
an&7er in %)e 're&ence o+ de+endan% or )i& a%%orne/# and %)ere
7a& an o''or%ni%/ +or %)e de+endan% %o cro&&CeGamine %)e
7i%ne&& 7)o i& dead or inca'aci%a%ed %o %e&%i+/ or canno% 7i%) de
dili(ence Ae +ond in %)e P)ili''ine&.
. <estimon! of accused gi0en without counsel
People 0. &ano
1#3 S2)& 333
-o0emer 1#, 151=
En 7anc% 'ernan, 8.
Issue%
1a/ %)e %e&%imon/ o+ acc&ed (i$en in %)e cor&e o+ a
'reliminar/ in$e&%i(a%ion 7i%)o% %)e a&&i&%ance o+ con&el Ae
&ed a& e$idence a(ain&% )er drin( %)e %rialJ
9eld%
No. T)e rle a(ain&% &el+Cincrimina%ion 'o&i%i$el/ in%end& %o
a$oid and 'ro)iAi% %)e cer%ainl/ in)man 'rocedre o+ com'ellin(
a 'er&on K%o +rni&) %)e mi&&in( e$idence nece&&ar/ +or )i&
con$ic%ion.L T)e rle ma/ a''l/ e$en %o a coCacc&ed in a Eoin%
%rial. T)e &i%a%ion 7old )a$e Aeen diBeren% )ad acc&ed Aeen
a&&i&%ed A/ con&el drin( %)e 'reliminar/ in$e&%i(a%ion. For %)en#
&)e cold )a$e a$ailed )er&el+ o+ le(al ad$ice on 7)en %o re+rain
+rom an&7erin( incrimina%in( ;e&%ion&. T)e aA&ence o+ con&el
7)en &)e a''eared a& 7i%ne&& drin( %)e 'reliminar/
in$e&%i(a%ion i& an irre'araAle dama(e 7)ic) rendered
inadmi&&iAle acc&edP& alle(ed con+e&&ion.
=. Wai0er of right to confrontation
&lonte 0. Sa0ellano, 8r.
21: S2)& 2#3
4arch 5, 1551
En 7anc% Ditug, 8.
'acts%
A+%er acc&ed 7a& arrai(ned# %)e 'ro&ec%ion 're&en%ed %)e
ra'e $ic%im 7)o iden%i!ed )er a?da$i% o+ de&i&%ance and
rea?rmed %)a% &)e )ad no +r%)er in%ere&% in 'ro&ec%in(
acc&ed. T)e Ed(e %)en a&Ied clari!ca%or/ ;e&%ion& %o
de%ermine %)e %r%) o+ Ao%) )er a?da$i%Ccom'lain% and a?da$i% o+
de&i&%ance and 7)e%)er %)e/ 7ere $oln%aril/ eGec%ed. Con&el
+or %)e acc&ed did no% an/more cro&&CeGamine %)e 7i%ne&&. T)e
'ro&ec%or %)en mo$ed %o di&mi&& %)e ca&e a& &)e cold no lon(er
'ro$e %)e (il% o+ %)e acc&ed. La%er# %)e cor% con$ic%ed acc&ed
o+ ra'e and &en%enced )im %o reclusion perpetua.
Issue%
Wa& %)e ri()% o+ %)e acc&ed %o cro&&CeGamine %)e 7i%ne&&
a(ain&% )im $iola%edJ
9eld%
Ye&. No %rial 7a& condc%ed Aa&ed on %)e 'rocedre in %)e
Rle& o+ Cor% and acc&ed 7a& no% (i$en )i& +ll da/ in cor%. I%
canno% Ae ar(ed %)a% acc&ed 7ai$ed )i& ri()% %o con+ron% and
cro&&CeGamine %)e 7i%ne&& Aeca&e %)e eGi&%ence o+ %)e 7ai$er
m&% Ae &)o7n %o )a$e Aeen done Ino7in(l/ and 7i%) &?cien%
a7arene&& o+ %)e con&e;ence. T)e ca&e &)old Ae remanded +or
+r%)er 'roceedin(&.
People 0. -adera
32# S2)& #56
'eruar! 2, 2666
En 7anc% 4endo/a, 8.
'acts%
A+%er %)e ra'e $ic%im %e&%i!ed# %)e +ollo7in( dialo(e
occrredM
2ourt% An/ cro&&J
&tt!. 7rotonel% I+ Yor 0onor 'lea&e# 7e are no%
condc%in( an/ cro&&CeGamina%ion# Aeca&e %)i& re're&en%a%ion#
+rom %)e demeanor o+ %)e 7i%ne&&# i& con$inced %)a% &)e i& %ellin(
%)e %r%).
Issue%
Wa& %)e ri()% o+ %)e acc&ed %o cro&&CeGamine %)e 7i%ne&&
$iola%edJ
9eld%
Ye&. A%%/. <ro%onelP& deci&ion no% %o cro&&CeGamine %)e $ic%im
i& a (larin( eGam'le o+ )i& mani+e&% lacI o+ en%)&ia&m +or )i&
clien%P& ca&e. I% ma/ Ae %)a% de+en&e con&el 'er&onall/ +ond
%)e %e&%imon/ %o Ae Aelie$aAle. Ne$er%)ele&&# )e )ad %)e Aonden
d%/ %o &cr%ini6e $ic%imP& %e&%imon/ %o en&re %)a% %)e
con&%i%%ional ri()% o+ %)e acc&ed %o con+ron% and eGamine %)e
7i%ne&&e& a(ain&% )im 7a& no% rendered +or na()%.
F: 7s the right to confront and cross=e@amine the witnesses against him
waivableO
*: I5S as ruled by the S2 in the case of %7M5?5M ;S.
?*M*+5?", 1/( S2+* 1), such right is waived if the accused decides
to run away, jumps bail, or disappears he is automatically waiving the
right to confront and cross=e@amine the witnesses against him.
F: ?ow what is the reason behind this rightO Jhy is there such a
rightO
*: 7t is intended to prevent the conviction of an accused upon mere
depositions and affidavits3 to preserve the right of the accused to test the
recollection of witnesses against him3 and to enable the court to observe
the demeanor of the witnesses who are testifying. <owdell vs. C.S., &&1
C.S. '&03 C.S. vs. *nastacio, / !hil. #1')
7n 5vidence those are the important factors for the court to gauge the
credibility of witnesses. <emeanor their manner of testifying. Dow can
the court e@ercise that option if he does not even see the witnessesO So
more or less, that is the reason behind it. 1o borrow the language of an
*merican justice commenting on this issue, :7t ensures that convictions
will not be based on the charges of unseen and un8nown, hence
unchallengeable individualsR.
*nother >ustice, >ustice Scalia, he is still an incumbent of the Eederal
Supreme 2ourt, describing this right, he said, :7t is always more difficult
to tell a lie about a person to his face than behind his bac8, and even if
the lie is told, it will often be told less convincingly.9 Meaning, it is
easier to tell a lie ba against somebody if he is not in front of you. !ero
pag8aharap na, parang alanganin 8ang magsinungaling eh. *nd even if
you still tell a lie, it becomes not so convincing if you will lie about a
person in front of you. -ut if he is not there, you become very
persuasive in your tal8. 1hese are the psychological reasons behind that.

F: Jhat are the 5P25!17"?S to the right of the accused to confront
and e@amine witnesses against himO
*: 1he following:
1. Second portion of paragraph GfH:
5ither party may utiliBe as part of its evidence the
testimony of a witness who is deceased, out of or can
not with due diligence be found in the !hilippines,
unavailable, or otherwise unable to testify, given in
another case or proceeding, judicial or administrative,
involving the same parties and subject matter, the
adverse party having the opportunity to cross=e@amine
him.
Sometimes there is no choice. ?ow, one good e@ample where
the testimony of a witness is admissible even if he does not
appear in the trial is when the witness is about to die. Malapit ng
mamatay, so you need to ta8e his testimony in advance. 7n civil
cases we call it deposition. 7n the criminal procedure, deposition
is called conditional e@amination of a witness. 1hat is governed
by +ule 11$ Sections 1&, 1', and 10.
&. when there is a separate civil action filed against the accused by
the offended party and he made a reservation
?ormally, the prosecution witnesses in the criminal case are
also the witnesses for the plaintiff in the civil case. *ssuming
nauna ang trial ng civil case, these witnesses testified during the
trial of the civil case, they were cross=e@amined by the lawyer of
the defendant who is also the accused in the criminal case. ?ow,
under the law, when the criminal case is tried, these witnesses
have to testify again in the criminal case, practically they will
have to repeat their testimony. 1he trouble is, in the meantime,
some of these witnesses died.
F: 2an the testimony recorded in the civil case be now
admissible in the criminal case when there is no more
confrontation thereO
*: Ies. because that is the e@ception, :when the testimony of
the witness who is now deceased, given in another case or
proceeding, judicial or administrative, involving the same
parties and subject matter, the adverse party having the
opportunity to cross e@amine him.9
*s a matter of fact, this is also considered as one of the
e@ceptions to the Dearsay +ule. 7t is the 11th e@ception to the
Dearsay +ule. 1ry to connect this with +ule 1'( on 5vidence.
Dow many e@ceptions are there to the Dearsay +uleO eleven
11) iyan eh starting from dying declaration. 1hat is the last
e@ception testimony or deposition at a former trial or
proceeding. IaanV 1hat is considered as an e@ception to the right
against confrontation.
'. 1he e@ceptions to the hearsay rule are li8ewise e@ceptions to
this right of the accused. C.S. vs. %il, 1' !hil. 0'()
7f there are 11 e@ceptions to the hearsay rule, all of them are
also e@ceptions to this. ,i8e dying declaration, how can you
cross=e@amine iyung taong patay na. So there are 11 e@ceptions
to the right to confront and cross=e@amine the witnesses against
him which are all found in the rules on evidence.
F: "ne last point, does the right to confront and cross=e@amine the
witnesses against you, include your right to 8now their names and
addresses in advanceO
*: ?", the accused has no such right because the case of the
prosecution might be endangered if the accused were to 8now the
prosecution witnesses in advance, for 8nown witnesses might be
subjected to pressure or cowered not to testify. !eople vs. !alacio, ,=
1'$'', May &0, 1$/() So, you confront them during the trial, not now.
g) 1o have compulsory process issued to secure the attendance of
witnesses and production of other evidence in his behalf.
)e?uisites
People 0. 2hua
33= S2)& 223
&pril #, 2661
'irst Di0ision% Pardo, 8.
,uestion%
W)a% are %)e re;i&i%e& Ae+ore an acc&ed ma/ Ae allo7ed %o
a$ail o+ %)e ri()% %o com'l&or/ 'roce&&J
&nswer%
T)e 1F=* and 1FD= Con&%i%%ion& eG'anded %)e ri()% %o
com'l&or/ 'roce&& 7)ic) no7 inclde& %)e ri()% %o &ecre %)e
'rodc%ion o+ e$idence in oneP& Ae)al+. T)&# %)e mo$an% m&%
&)o7M 4a5 %)a% %)e e$idence i& reall/ ma%erial9 4A5 %)a% )e i& no%
(il%/ o+ ne(lec% in 're$io&l/ oA%ainin( %)e 'rodc%ion o+ &c)
e$idence9 4c5 %)a% %)e e$idence 7ill Ae a$ailaAle a% %)e %ime
de&ired9 and 4d5 %)a% no &imilar e$idence cold Ae oA%ained.
F: Suppose my witness is somewhere there in 2agayan de "ro, can 7
secure a subpoena to compel him when under the rules on subpoena a
witness is not bound if he resides more than 1(( 8ilometersO
*: 1hat has already been answered in the cases of !5"!,5 ;S.
M"?15>" and M7,,"+2* ;S. FC71*7?. 1he S2 said that the 1((=
8m limitation formerly 0( 8ms.) does not apply when you are tal8ing of
witnesses for the defense in a criminal case because of the 2onstitutional
right to have compulsory process issued to secure the attendance of
witnesses in his behalf. 1hat right cannot be precluded by provisions in
the +ules of 2ourt.
h) 1o have speedy, impartial and public trial.
1here are actually three rights here:
1. the right to a speedy trial3
&. the right to an impartial trial3 and
'. the right to a public trial.
Speed! trial
a. 'actors to determine 0iolation
>ulo 0. People
#32 S2)& :63
4arch #, 2663
<hird Di0ision% Sando0al.(utierre/, 8.
Issue%
W)en i& %)e ri()% %o &'eed/ %rial deemed $iola%edJ
&nswer%
T)e ri()% %o &'eed/ %rial i& deemed $iola%ed onl/ 7)en
%)e 'roceedin(& are a%%ended A/ $eGa%io&# ca'ricio&# and
o''re&&i$e dela/&# or 7)en nE&%i!ed 'o&%'onemen%& o+ %)e
%rial are a&Ied +or and &ecred# or 7)en 7i%)o% ca&e or
E&%i!aAle mo%i$e a lon( 'eriod o+ %ime i& allo7ed %o la'&e
7i%)o% %)e 'ar%/ )a$in( )i& ca&e %ried. To de%ermine
7)e%)er %)e ri()% )a& Aeen $iola%ed# %)e +ollo7in( +ac%or&
ma/ Ae con&ideredM 415 %)e len(%) o+ %)e dela/9 4"5 %)e
rea&on& +or &c) dela/9 4*5 %)e a&&er%ion or +ailre %o a&&er%
&c) ri()% A/ %)e acc&ed# and 4,5 %)e 'reEdice ca&ed A/
%)e dela/.
. 8ustifale dela!s
Sumang 0. (en. 2ourt 4artial
33: S2)& 22:
&ugust 3, 2666
<hird Di0ision% (on/aga.)e!es, 8.
'acts%
SmAan( 7a& a memAer o+ %)e P)ili''ine Con&%aAlar/
acc&ed Ae+ore a cor% mar%ial o+ Iillin( a ci$ilian on 1a/ "F#
1FDD. In $ie7 o+ %)e enac%men% o+ R.A. 8F=- o%)er7i&e
Ino7n a& %)e P)ili''ine Na%ional Police La7# %)e com'o&i%ion
o+ %)e cor% mar%ial 7a& c)an(ed &o %)a% %)e ca&e remained
'endin( +or /ear&. On Se'. "F# 1FFF# SmAan( mo$ed +or
%)e di&mi&&al o+ %)e ca&e on %)e (rond o+ $iola%ion o+ %)e
ri()% %o &'eed/ %rial.
Issue%
Wa& %)e ri()% o+ SmAan( %o &'eed/ %rial $iola%edJ
9eld%
No. T)e de%ermina%ion o+ 7)e%)er an acc&ed )a& Aeen
denied %)e ri()% %o &'eed/ %rial m&% )a$e %o de'end on %)e
&rrondin( circm&%ance& o+ eac) ca&e. Al%)o() i% i&
n+or%na%e %)a% i% %ooI aAo% D /ear& +rom 1FF1 Ae+ore %)e
%rial re&med in 1FFF# %)e dela/ doe& no% amon% %o
$iola%ion o+ %)e ri()% con&iderin( %)a% i% cold no% Ae
a%%riA%aAle %o %)e 'ro&ec%ion. T)e dela/ 7a& de %o %)e
c)an(e& in %)e com'o&i%ion o+ %)e cor% mar%ial. No%aAl/#
+rom %)e %ime SmAan(P& mo%ion %o di&mi&& 7a& !led in
1FF1# )e did no% %aIe ac%ion %o a&&er% )i& ri()%. T)&# %)e
&'er$enin( dela/ &eem& %o )a$e Aeen 7i%)o% )i& oAEec%ion
)ence im'liedl/ 7i%) )i& ac;ie&cence. T)e ri()% %o &'eed/
%rial ma/ Ae 7ai$ed.
2. Impartial trial
a. Widespread media pulicit!
People 0. Sanche/
362 S2)& 21
8anuar! 23, 1555
'irst Di0ision% 4artine/, 8.
'acts%
1a/or Sanc)e6 7a& con$ic%ed o+ = con%& o+ ra'e 7i%)
)omicide. Con&iderin( %)e 'o&i%ion o+ acc&ed# %)e %rial 7a&
accom'anied A/ 7ide&'read media co$era(e. On a''eal#
Sanc)e6 claim& %)a% )i& ri()% %o a +air %rial 7a& $iola%ed de
%o %)e in%en&e 'Alici%/.
Issue%
Doe& in%en&i$e 'Alici%/ o+ a %rial $iola%e %)e ri()% %o a
+air %rialJ
9eld%
No. T)e ri()% o+ an acc&ed %o a +air %rial i& no%
incom'a%iAle 7i%) a +ree 're&&. Per$a&i$e 'Alici%/ i& no% 'er
&e 'reEdicial %o %)e ri()% o+ an acc&ed %o +air %rial. I% doe&
no% A/ i%&el+ 'ro$e %)a% %)e 'Alici%/ &o 'ermea%ed %)e mind
o+ %)e %rial Ed(e and im'aired )i& im'ar%iali%/. A% Ae&%
acc&ed can onl/ conEre 'o&&iAili%/ o+ 'reEdice on %)e 'ar%
o+ %)e %rial Ed(e de %o %)e Aarra(e o+ 'Alici%/. <% %)e %e&%
i& no% %)e 'o&&iAili%/ o+ 'reEdice A% ac%al 'reEdice. To
7arran% a !ndin( o+ 'reEdicial 'Alici%/# %)ere m&% Ae
alle(a%ion and 'roo+ %)a% Ed(e& )a$e Aeen ndl/
inNenced# no% &im'l/ %)a% %)e/ mi()% Ae. Acc&ed m&%
di&c)ar(e %)i& Arden. In %)i& ca&e# %)ere i& no 'roo+ %)a% %)e
Ed(e ac;ired a !Ged o'inion# or ac%al Aia& a& a
con&e;ence o+ eG%en&i$e media co$era(e.
Estrada 0. Desierto
33= S2)& 165
&pril 3, 2661
En 7anc% Puno, 8.
'acts%
Former Pre&iden% E&%rada &eeI& a recon&idera%ion o+ %)e
deci&ion o+ %)e S'reme Cor% declarin( %)a% )a$in(
re&i(ned +rom %)e 're&idenc/# )e ma/ Ae 'ro&ec%ed +or
Plnder. Amon( o%)er&# )e con%end& %)a% )i& ri()% %o an
im'ar%ial %rial )a& Aeen aBec%ed A/ %)e 'reEdicial 'reC%rial
'Alici%/ o+ %)e 'roceedin(& Ae+ore %)e OmAd&man. 0e al&o
'oin%& %o %)e alle(ed )a%e cam'ai(n lanc)ed A/ &ome
ne7&'a'er& &o %)a% %)e 'ro&ec%ion and %)e Ediciar/ can no
lon(er a&&re )im o+ a &'or%in( c)ance. 0e r(e& %)e Cor%
%o a''l/ %)e rle on res ipsa loquitor.
Issue%
0a& %)e +ormer Pre&iden%P& ri()% %o +air %rial Aeen
$iola%edJ
9eld%
No. T)e mere +ac% %)a% %)e 'roceedin( 7a& (i$en a da/
%o da/ co$era(e doe& no% 'ro$e %)a% %)e 'Alici%/ &o
'ermea%ed %)e mind o+ %)e %riAnal and im'aired )i&
im'ar%iali%/. To 7arran% a !ndin( o+ 'reEdicial 'Alici%/# %)ere
m&% Ae alle(a%ion and 'roo+ %)a% %)e Ed(e& )a$e Aeen
ndl/ inNenced# no% &im'l/ %)a% %)e/ mi()% Ae. In %)i&
ca&e# %)e +ormer Pre&iden% )a& +ailed %o addce an/ 'roo+ o+
ac%al 'reEdice de$elo'ed A/ %)e memAer& o+ %)e Panel o+
In$e&%i(a%or& o+ %)e OmAd&man. T)e %e&% o+ ac%al 'reEdice
canno% Ae re'laced 7i%) %)e rle o+ res ipsa loquitur. T)e
la%%er rle a&&me& %)a% an inEr/ )a& Aeen &Bered and %)en
&)i+%& %)e Arden %o %)e 'anel o+ in$e&%i(a%or& %o 'ro$e %)a%
%)e im'ar%iali%/ o+ i%& memAer& )a& no% Aeen aBec%ed A/ &aid
'Alici%/. Sc) a rle 7ill o$er%rn or ca&e la7 %)a%
'er$a&i$e 'Alici%/ i& no% 'er &e 'reEdicial %o %)e ri()% o+ an
acc&ed %o +air %rial. For %)i& rea&on# 7e con%ine %o )old %)a%
i% i& no% eno() +or %)e +ormer Pre&iden% %o conEre 'o&&iAili%/
o+ 'reEdice A% m&% 'ro$e ac%al 'reEdice on %)e 'ar% o+
)i& in$e&%i(a%or& +or %)e Cor% %o &&%ain )i& 'lea.
. Hi0e co0erage of trial
)e% )e?uest )adio.<D ...,
3=6 S2)& 2#1
8une 25, 2661
En 7anc% Ditug, 8.
'acts%
T)e Ha'i&anan n( m(a <roadIa&%er n( Pili'ina&# an
a&&ocia%ion re're&en%in( dl/ +ranc)i&ed and a%)ori6ed
%ele$i&ion and radio ne%7orI&# re;e&%ed %)e S'reme Cor%
%o allo7 li$e media co$era(e o+ %)e %rial o+ +ormer Pre&iden%
E&%rada. T)e re;e&% 7a& anc)ored on %)e need %o a&&re
%)e 'Alic o+ +ll %ran&'arenc/ in %)e 'roceedin(&. In eBec%#
%)e re;e&% &eeI& recon&idera%ion o+ %)e 1FF1 re&ol%ion o+
%)e Cor% 7)ic) Aarred li$e media co$era(e o+ all cor%
'roceedin(&.
Issue%
S)old li$e media co$era(e o+ cor% %rial& Ae allo7edJ
9eld%
No. T)e i&&e in$ol$e& %)e 7ei()in( o% o+
con&%i%%ional (aran%ee& o+ +reedom o+ %)e 're&& and %)e
ri()% %o 'Alic in+orma%ion# on %)e one )and# and %)e
+ndamen%al ri()%& o+ %)e acc&ed# on %)e o%)er )and# alon(
7i%) %)e con&%i%%ional 'o7er o+ a cor% %o con%rol i%&
'roceedin(& in en&rin( a +air and im'ar%ial %rial. W)en %)e&e
ri()%& race a(ain&% eac) o%)er# %)e ri()% o+ %)e acc&ed m&%
Ae 're+erred. Wi%) %)e 'o&&iAili%/ o+ lo&in( )i& li+e or liAer%/# i%
m&% Ae en&red %)a% acc&ed recei$e& a $erdic% decreed A/
an n'reEdiced Ed(e. Tele$i&ion co$era(e# )o7e$er# can
im'air %)e %e&%imon/ in criminal %rial&# can aBec% %)e
'er+ormance o+ %)e Ed(e# and can de&%ro/ %)e ca&e o+ %)e
acc&ed in %)e e/e& o+ %)e 'Alic. Accordin(l/# %o 'ro%ec% %)e
'ar%ie&P ri()% %o de 'roce&&# %o 're$en% %)e di&%rac%ion o+ %)e
'ar%ici'an%& in %)e 'roceedin(& and in %)e la&% anal/&i&# %o
a$oid mi&carria(e o+ E&%ice# %)e re;e&% i& denied.
)e% )e?uest for Hi0e...,
3=3 S2)& =2
Septemer 13, 2661
En 7anc% 4endo/a, 8.
'acts%
T)e Secre%ar/ o+ .&%ice &eeI& a recon&idera%ion o+ %)e
re&ol%ion den/in( 'ermi&&ion %o %ele$i&e and Aroadca&% li$e
%)e %rial o+ +ormer Pre&iden% E&%rada Ae+ore %)e
Sandi(anAa/an. Amon( o%)er&# )e ar(e& %)a% i+ %)ere i& a
cla&) Ae%7een %)e ri()%& o+ %)e 'eo'le %o 'Alic in+orma%ion
and %)e +reedom o+ %)e 're&&# on %)e one )and# and %)e ri()%
o+ %)e acc&ed %o +air %rial# i% &)old Ae re&ol$ed in +a$or o+
%)e ri()% o+ %)e 'eo'le# Aeca&e %)e 'eo'le# a& re'o&i%or/ o+
democrac/ are en%i%led %o in+orma%ion9 and %)a% li$e media
co$era(e i& a &a+e(ard a(ain&% a%%em'%& A/ an/ 'ar%/ %o
&e %)e cor%& a& in&%rmen%& +or %)e 'r&i% o+ &el!&)
in%ere&%.
Issue%
S)old %)e 're$io& order Ae recon&ideredJ
9eld%
No. 0o7e$er# Aeca&e o+ %)e &i(ni!cance o+ %)e %rial
and %)e im'or%ance o+ 're&er$in( %)e record&# %)ere &)old
Ae an adio $i&al recordin( o+ %)e 'roceedin(&. T)e
recordin(& 7ill no% Ae +or li$e or real %ime Aroadca&% A% +or
docmen%ar/ 'r'o&e&. Onl/ la%er 7ill %)e/ Ae a$ailaAle +or
'Alic &)o7in(# a+%er %)e Sandi(anAa/an &)all )a$e
'roml(a%ed i%& deci&ion. T)e ma&%er !lm &)all Ae de'o&i%ed
in %)e Na%ional 1&em and %)e Record& 1ana(emen% and
Arc)i$e& O?ce +or )i&%orical 're&er$a%ion and eG)iAi%ion
'r&an% %o la7. T)e adioC$i&al recordin( &)all Ae made
nder %)e &'er$i&ion and con%rol o+ %)e Sandi(anAa/an.
F: Jhat do you mean by speedy trialO Meaning, no postponementsO
not even one postponementO
*: ?". 1hat is not the interpretation. 7n the case of
*,;7M" vs. S*?<7%*?-*I*?
&&( S2+* 00
D5,<: 7t must not be lost sight of that the concept of speedy
disposition of cases is a +5,*17;5 term and must necessarily
be a fle@ible concept. <elays per se are understandably
attendant to all prosecutions and are constitutionally permissible
with the monition that the attendant delay must ?"1 be
"!!+5SS7;5. GDindi palagi. !a=minsan=minsan o8ay lang man
baH Dence, the doctrinal rule is that in the determination of
whether or not that right has been violated, the factors that may
be considered and balanced are:
a.)the length of delay3
b.)the reasons for such delay3
c.)the assertion or failure to assert such right by the
accused3 and
d.)the prejudice caused by the delay.
F: Jhat are the remedies of an accused whose rights to a speedy trial
is being violated because the prosecution 8eeps on postponing the caseO
Dow do you invo8e this right to speedy trialO
*: 1here are three ') possible remedies:
1. 1he accused should "!!"S5 the postponement and insist on
trial. 7f the court denies the postponement and directs the
prosecution to proceed and cannot do so because he does not
have the evidence, the accused should move for dismissal of the
case on the ground of failure to prosecute or insufficiency of
evidence. >aca vs. -lanco, ./ !hil. #0&3 %andicela vs. ,utero,
.. !hil. &$$3 !eople vs. <iaB, $# !hil. 41#) 1he dismissal is
eAuivalent to an acAuittal and there is no way for that case to be
brought bac8 because it will amount to double jeopardy. !eople
vs. <iaB, $# !hil. 41#)
&. 7f the court grants the postponement everytime the fiscal as8s
for it, over the protest of the accused, the latterLs remedy is
mandamus to compel dismissal of the case3 Mercado vs.
Santos, // !hil. &10)
'. 7f the accused is restrained of his liberty, his remedy is habeas
corpus to obtain his freedom. Mercado vs. Santos, // !hil. &103
2onde vs. +ivera, #0 !hil. /0()
F: Jhen is trial impartialO
*: 1here should be no bias otherwise, the trial will not be fair you
are not given due process. 7f the court or the judge has already pre=
ordained your guilt. :5very litigant is entitled to nothing less than the
cold neutrality of an impartial judge.9 ;illapando vs. Fuitain, >anuary
&(, 1$44)
F: +ight to a public trial this is one of the features of the
accusatorial system. Jhat is the reason for public trialO
*: 1he reAuirement of public trial is for the benefit of the accused,
that the public may see that he is fairly dealt with and not unjustly
condemned, and that the presence of spectators may 8eep his triers
8eenly alive to a sense of responsibility and to the importance of their
functions. 1 2ooley, 2onstitutional ,imitations, p. /#4)
Meaning, everybody is on their toes. Iou donXt want to commit a
mista8e eh, mahihiya 8a eh, maraming nanonood. 1he judge, the
prosecutor, the witnesses, the defense counsel, everybody is careful
because they are watched by the public. ,oo8 at what happened in the
impeachment trial, everybody wants to be careful there because, imagine
how many millions of people are watching you there on 1.;.
!lease connect this provision on Speedy 1rial with +ule 11$ Section $
which is a new provision ta8en from the Speedy 1rial *ct. Jhat is the
heading of Section $ +ule 11$O +emedy where accused is not brought to
trial within time limits. So there is such a provision. Jhen your case will
not move, the accused may Auestion the delay why his case has not been
set for trial. 1hat is a new provision ta8en from the Speedy 1rial *ct.
GiH 1o appeal in all cases allowed and in the manner
prescribed by law
-ature of the right to appeal
People 0. de la 2oncha
311 S2)& 216
Septemer 3, 2662
'irst Di0ision% Da0ide, 8r., 28.
,uestion%
W)a% i& %)e na%re o+ %)e ri()% %o a''ealJ
&nswer%
T)e ri()% %o a''eal i& A% a &%a%%or/ ri()%# and %)e 'ar%/
7)o &eeI& %o a$ail o+ i% m&% +ai%)+ll/ com'l/ 7i%) %)e rle&.
T)e&e rle& are de&i(ned %o +acili%a%e an orderl/ di&'o&i%ion o+
ca&e& Ae+ore %)e a''ella%e cor%&9 %)e/ 'ro$ide +or a &/&%em
nder 7)ic) &i%or& ma/ Ae )eard in %)e correc% +orm and manner
a% %)e 're&criAed %ime in an orderl/ con+ron%a%ion Ae+ore a
ma(i&%ra%e.

1here is something you will notice here all the rights of the accused in
this +ule, from GaH to GhH, are also found in the 2onstitution. 1hese are
all 2onstitutional rights e@cept the last GiH. 1he right to appeal is purely
statutory which may be granted or withheld at the pleasure of the State.
!eople vs. *ng %ioc, 4' !hil. '//)
S52 /. Suspension by reason of prejudicial Auestion. *
petition for suspension of the criminal action based upon the
pendency of a prejudicial Auestion in a civil action may be
filed in the office of the prosecutor or the court conducting
the preliminary investigation. Jhen the criminal action has
been filed in court for trial, the petition to suspend shall be
filed in the same criminal action at any time before the
prosecution rests. /a)
21 Tr#a" Proper
+ule 11$
1+7*,
S5217"? 1. 1ime to prepare for trial. *fter a plea of not
guilty is entered, the accused shall have at least fifteen 10)
days to prepare for trial. 1he trial shall commence within
thirty '() days from receipt of the pre=trial order. sec. /, cir.
'.=$.)
<ime Periods
1. Preparation time for trial
A% lea&% 1- da/& +rom %)e %ime a 'lea o+ no% (il%/ i& en%ered
2. When trial shall commence
Wi%)in *> da/& +rom recei'% o+ 'reC%rial order
3. <he ao0e time periods shall not appl! when a shorter
period of trial is pro0ided !%
1. &'ecial la7&# or
". circlar& o+ %)e S'reme Cor%
S52. &. 2ontinuous trial until terminated3 postponements. 1rial
once commenced shall continue from day to day as far as
practicable until terminated. 7t may be postponed for a reasonable
period of time for good cause. &a)
1he court shall, after consultation with the prosecutor and defense
counsel, set the case for continuous trail on a wee8ly or other
short=term trial calendar at the earliest possible time so as to ensure
speedy trial. 7n no case shall the entire trial period e@ceed one
hundred eighty 1.() days from the first day of trial, e@cept as
otherwise authoriBed by the Supreme 2ourt. sec. ., cir. '.=$.).
1he time limitations provided under this section and the preceding
section shall not apply where special laws or circulars of the
Supreme 2ourt provide for a shorter period of trial. n)
<rial
1. <rial should e continuous
1. Once commenced i% &)all con%ine +rom da/ %o da/ a& +ar
a& 'rac%icaAle n%il %ermina%ed#
". 0o7e$er# i% ma/ Ae 'o&%'oned +or a rea&onaAle 'eriod o+
%ime +or (ood
ca&e
2. <rial period%
1. (eneral )ule + In no ca&e &)all %)e en%ire %rial 'eriod
eGceed 1D> da/&
+rom %)e !r&% da/ o+ %rial#
2. E*ception + 7)en o%)er7i&e a%)ori6ed A/ %)e S'reme
Cor%
3. <he 116 da! period shall not appl! when a shorter
period of trial is pro0ided !%
1. &'ecial la7&# or
". circlar& o+ %)e S'reme Cor%
1. )e?uirement of continuous trial
People 0. Sandigana!an
##6 S2)& 26=
Actoer 12, 266#
En 7anc% ,uisuming, 8.
'acts%
Drin( %)e %rial o+ +ormer Pre&iden% E&%rada +or Plnder# %)e
'ro&ec%or& !led a mo%ion 7i%) %)e Sandi(anAa/an a&Iin( +or K*
da/& )earin( 'er 7eeIL %o eG'edi%e 'roceedin(&. T)e mo%ion 7a&
denied# A% %)e cor% &e% " da/& o+ )earin( 'er 7eeI.
Issue%
Did %)e cor% commi% (ra$e aA&e o+ di&cre%ion in den/in(
%)e mo%ionJ
9eld%
No. T)e de%ermina%ion o+ )o7 man/ )earin( da/& &)all Ae
de$o%ed %o %rial re&%& 7i%)in %)e &ond di&cre%ion o+ %)e %rial cor%.
I% doe& no% a''ear %)a% in &e%%in( %)e ca&e& %o Ae )eard %7ice a
7eeI# %)e Sandi(anAa/an $iola%ed Sec. "# Rle 11F o+ %)e Rle& o+
Cor%# 7)ic) &e%& %)e limi%& %o %)e di&cre%ion (ran%ed %o %rial
cor%& on %)e ma%%er o+ %rial da%e&. T)e re;iremen% o+ con%ino&
%rial i& &a%i&!ed i+ %rial con%ine& +rom da/ %o da/# i& )eld on a
7eeIl/ or o%)er &)or%C%erm %rial calendar# and# eGce'% a&
o%)er7i&e a%)ori6ed A/ %)i& Cor%# i& com'le%ed 7i%)in 1D> da/&
+rom %)e !r&% da/ o+ %rial. Corollaril/# %)e Kcon&l%a%ion&L re+erred
%o in %)e +ore(oin( 'ro$i&ion& doe& no% nece&&aril/ mean %)a% %)e
cor% )a& %o &ecre !r&% +rom %)e 'ro&ec%ion and de+en&e %)eir
a''ro$al Ae+ore i% can &e% %)e da%e o+ )earin(. To rle o%)er7i&e i&
%o &AEec% or %rial &/&%em %o %)e con%rol o+ %)e 'ar%ie& and %)eir
con&el.
*fter the accused is arraigned, there is a minimum of 10 days to
prepared for the trial. *nd then continuous trial until terminated. 1he
trial period shall not e@ceed 1.( days, ta8en from the Speedy 1rial *ct
and S2 2irculars. 1hey are now incorporated in the new rules.
1here are many provisions here which are new in the sense that they
are found in the rules for the first time. Dowever, even before the new
rules too8 effect, they were considered as already e@isting provisions
because of the Speedy 1rial *ct and S2 2ircular '.=$.. ?gayon, nandito
na. So we will not go over them one by one. 7 will just point them out.
1he new provisions are Section ' up to Section 1(:
S52. '. 5@clusions.= 1he following periods of delay shall
be e@cluded in computing the time within which trial must
commence:
a) *ny period of delay resulting from other proceedings
concerning the accused, including but not limited to the
following:
1) <elay resulting from an e@amination of the physical
and mental condition of the accused3
&) <elay resulting from proceedings with respect to other
criminal charges against the accused3
') <elay resulting from e@traordinary remedies against
interlocutory orders3
#) <elay resulting from pre=trial proceedings3 provided,
that the delay does not e@ceed thirty '() days3
0) <elay resulting from orders of inhibition, or
proceedings relating to change of venue of cases or transfer
from other courts3
/) <elay resulting from a finding of e@istence of a
prejudicial Auestion3 and
4) <elay reasonably attributable to any period, not to
e@ceed thirty '() days, during which any proceeding
concerning the accused is actually under advisement.
b) *ny period of delay resulting from the absence or
unavailability of an essential witness.
Eor purposes of this subparagraph, an essential witness
shall be considered absent when his whereabouts are
un8nown or his whereabouts cannot be determined by due
diligence. De shall be considered unavailable whenever his
whereabouts are 8nown but his presence for trial cannot be
obtained by due diligence.
c) *ny period of delay resulting from the mental
incompetence or physical inability of the accused to stand
trial.
d) 7f the information is dismissed upon motion of the
prosecution and thereafter a charge is filed against the
accused for the same offense, any period of delay from the
date the charge was dismissed to the date the time limitation
would commence to run as to the subseAuent charge had
there been no previous charge.
e) * reasonable period of delay when the accused is
joined for trial with a co=accused over whom the court has
not acAuired jurisdiction, or, as to whom the time for trial has
not run and no motion for separate trial has been granted.
f) *ny period of delay resulting from a continuance
granted by any court motu proprio, or on motion of either the
accused or his counsel, or the prosecution, if the court
granted the continuance on the basis of its findings set forth
in the order that the ends of justice served by ta8ing such
action outweigh the best interestof the public and the accused
in a speedy trial. sec. $, cir. '.=$.)
What shall e E*cluded in 2omputing the <ime within
which <rial must 2ommence
1. &n! period of dela! resulting from other proceedings
concerning the accused, including ut not limited to dela!%
1. re&l%in( +rom an eGamina%ion o+ %)e ')/&ical and men%al
condi%ion o+
%)e acc&ed#
". re&l%in( +rom 'roceedin(& 7i%) re&'ec% %o o%)er criminal
c)ar(e& a(ain&%
%)e acc&ed#
*. re&l%in( +rom eG%raordinar/ remedie& a(ain&%
in%erloc%or/ order&#
,. re&l%in( +rom 'reC%rial 'roceedin(&9 'ro$ided# %)a% %)e
dela/ doe& no%
eGceed *> da/&#
-. re&l%in( +rom order& o+ in)iAi%ion# 'roceedin(& rela%in( %o
c)an(e o+
$ene o+ ca&e& or %ran&+er +rom o%)er cor%&#
8. re&l%in( +rom a !ndin( o+ %)e eGi&%ence o+ a 'reEdicial
;e&%ion# and
=. rea&onaAl/ a%%riA%aAle %o an/ 'eriod# no% %o eGceed *>
da/&# drin(
7)ic) an/ 'roceedin( concernin( %)e acc&ed i& ac%all/
nder ad$i&emen%
2. &n! period of dela! resulting from the asence or
una0ailailit! of an essential witness + an essential
witness shall e considered%
1. aA&en%C 7)en )i& 7)ereaAo%& are nIno7n or )i&
7)ereaAo%& canno% Ae de%ermined A/ de dili(ence# and
". na$ailaAle T 7)ene$er )i& 7)ereaAo%& are Ino7n A%
)i& 're&ence +or
%rial canno% Ae oA%ained A/ de dili(ence.
3. &n! period of dela! resulting from the%
1. men%al incom'e%ence o+ %)e acc&ed %o &%and %rial# or
". ')/&ical inaAili%/ o+ %)e acc&ed %o &%and %rial.
#. If the information is dismissed upon motion of the
prosecution and thereafter a charge is fled against the
accused for the same o@ense, an! period of dela!%
1. +rom %)e da%e %)e c)ar(e 7a& di&mi&&ed
". %o %)e da%e %)e %ime limi%a%ion 7old commence %o rn a&
%o %)e
&A&e;en% c)ar(e )ad %)ere Aeen no 're$io& c)ar(e.
3. & reasonale period of dela! when the accused is "oined
for trial%
1. 7i%) a coCacc&edM
1. o$er 7)om %)e cor% )a& no% ac;ired Eri&dic%ion# or
". a& %o 7)om %)e %ime +or %rial )a& no% rn# and
". no mo%ion +or &e'ara%e %rial )a& Aeen (ran%ed
=. &n! period of dela!%
1. re&l%in( +rom a con%inance (ran%ed A/ an/ cor%M
1. mo% 'ro'rio# or
". on mo%ion o+ ei%)erM
1. %)e acc&ed# or
". )i& con&el# or
*. %)e 'ro&ec%ion#
". i+ %)e cor% (ran%ed %)e con%inance on %)e Aa&i& o+ i%&
!ndin(& &e% +or%)
in %)e order %)a% %)e end& o+ E&%ice &er$ed A/ %aIin( &c)
ac%ion o%7ei()
%)e Ae&% in%ere&% o+ %)e 'Alic and %)e acc&ed in a &'eed/
%rial
1. 8ustifed reasons for dela!
a. Postponement to gi0e wa! to other cases
People 0. 7illaer
#21 S2)& 2:
8anuar! 2=, 266#
Second Di0ision% <inga, 8.
'acts%
In a 'ro&ec%ion +or e&%a+a and ille(al recri%men% on a lar(e
&cale# %)e cor% &e% %)e ini%ial %rial on Dec. 1-# 1FF" A% %)i& 7a&
'o&%'oned %o Dec. ""# 1FF"# +or +ailre o+ com'lainan%& %o a''ear.
T)e %rial &e% Dec. ""# 1FF" 7a& al&o re&e% 'on a(reemen% o+ %)e
'ar%ie& %o .an. 1F# 1FF*. T)e 'ro&ec%ion condc%ed %)e direc%
eGamina%ion# A% cro&&CeGamina%ion 7a& mo$ed %o .an. "D and
FeA. "# 1FF*. T)e &c)edle on .an. "D 7a& cancelled Aeca&e A/
mi&%aIe com'lainan%& le+% %)e cor%room. T)erea+%er# %rial
'roceeded a& &c)edled n%il %)e 'ro&ec%ion re&%ed on No$. ",#
1FF*.
Issue%
Wa& %)ere a $iola%ion o+ %)e ri()% o+ %)e acc&ed %o &'eed/
%rialJ
9eld%
No. T)e ri()% %o &'eed/ %rial i& deemed $iola%ed onl/ 7)en
%)e 'roceedin(& i& a%%ended A/ $eGa%io&# ca'ricio&# and
o''re&&i$e dela/&9 or 7)en nE&%i!ed 'o&%'onemen%& o+ %)e %rial
are a&Ied +or and &ecred# or 7)en 7i%)o% ca&e or E&%i!aAle
mo%i$e a lon( 'eriod o+ %ime i& allo7ed %o ela'&e 7i%)o% %)e
'ar%/ )a$in( )i& ca&e %ried. None o+ %)e&e circm&%ance& a%%ended
%)e 'roceedin(& Aelo7.
. Postponement due to illness of witness
De Guruarregui 0. )oesete
312 S2)& 1
4a! 5, 2662
Second Di0ision% 4endo/a, 8.
'acts%
T7o /ear& a+%er arrai(nmen% o+ %)e acc&ed +or +al&i!ca%ion
o+ a 'ri$a%e docmen%# %rial )a& no% commenced de %o 1-
'o&%'onemen%&. Fi$e 7ere &ecred 'on a(reemen% o+ %)e
'ro&ec%ion and %)e de+en&e and 8 7ere on mo%ion or de %o nonC
a''earance o+ %)e acc&ed. T)e la&% " 'o&%'onemen%& 7ere
&ecred A/ %)e 'ro&ec%ion 7i%)o% oAEec%ion +rom %)e acc&ed
Aeca&e com'lainan% )ad %o lea$e +or aAroad +or a medical
%rea%men%. On %)e la&% &c)edled )earin(# )o7e$er# %)e Ed(e
di&mi&&ed %)e ca&e +or +ailre o+ %)e 'ro&ec%ion %o 're&en%
e$idence.
Issue%
Wa& %)ere a $iola%ion o+ %)e ri()% o+ %)e acc&ed %o &'eed/
%rialJ
9eld%
No. T)e ri()% %o &'eed/ %rial i& a rela%i$e one# &AEec% %o
rea&onaAle dela/& and 'o&%'onemen%& ari&in( +rom illne&&# a& in
%)e 're&en% ca&e# 7)ere i% 7a& dl/ 'ro$en %)a% com'lainan% )ad
%o nder(o caro%id o'era%ion. S'eed/ %rial mean& one %)a% can Ae
)ad &oon a+%er indic%men% i& !led a& %)e 'ro&ec%ion can# 7i%)
rea&onaAle dili(ence# 're'are +or %rial. For %)i& rea&on# in
de%erminin( %)e ri()% o+ %)e acc&ed %o &'eed/ %rial# cor%& &)old
do more %)an a ma%)ema%ical com'%a%ion o+ %)e nmAer o+
'o&%'onemen%& o+ %)e &c)edled )earin(&. W)a% oBend& %)e ri()%
%o &'eed/ %rial are nE&%i!ed 'o&%'onemen%& 7)ic) 'rolon( %rial
+or an nrea&onaAle len(%) o+ %ime. T)i& i& no% %)e ca&e )ere.
c. &sence of proof of receipt of supoena
<ai Him 0. 2&
31: S2)& 321
Actoer 2=, 1555
Second Di0ision% 7uena, 8.
'acts%
Acc&ed 7a& c)ar(ed 7i%) $iola%ion o+ %)e Dan(ero& Dr(&
Ac%. Arrai(ned on A(. D# 1FF-# %rial ne$er commenced de&'i%e
%)e la'&e o+ 1 /ear and * mon%)& de %o 11 'o&%'onemen%&# F o+
7)ic) 7ere &ecred A/ %)e 'ro&ec%ion. T)e (rond& +or
'o&%'onemen%& ran(ed +rom %)e aA&ence o+ 7i%ne&&e& +or %)e
'ro&ec%ion# aA&ence o+ %)e 'ro&ec%or and reCraZin( o+ %)e ca&e
%o ano%)er Aranc).
Issue%
1&% %)e ca&e Ae di&mi&&ed on %)e (rond o+ &'eed/ %rialJ
9eld%
No. T)e rea&on& +or %)e 'ro&ec%ionP& 'o&%'onemen%& 7ere
rea&onaAle and 7ere no% in%ended merel/ %o dela/ %)e
'roceedin(& o+ %)e ca&e. I% 7old Ae nE&% %o 'once on %)e
aA&ence o+ %)e 7i%ne&&e& a& a Aa&i& +or di&mi&&in( %)e ca&e 7)en
%)ere 7a& a $alid eGc&e +or %)eir aA&ence# %)a% i&# %)ere 7a& no
'roo+ %)a% %)e/ 7ere dl/ &er$ed 7i%) &A'oena. T)e o%)er
rea&on& +or 'o&%'onemen%& 7ere de %o circm&%ance& Ae/ond
%)e con%rol o+ %)e 'ro&ec%ion. T)e ri()% o+ %)e acc&ed %o &'eed/
%rial &)old no% Ae %ili6ed %o de'ri$e %)e S%a%e o+ a rea&onaAle
o''or%ni%/ o+ +airl/ 'ro&ec%in( criminal&.
S52. #. Eactors for granting continuance. 1he following
factors, among others, shall be considered by a court in
determining whether to grant a continuance under section
'f) of this +ule.
a) Jhether or not the failure to grant a continuance in the
proceeding would li8ely ma8e a continuation of such
proceeding impossible or result in a miscarriage of justice3
and
b) Jhether or not the case ta8en as a whole is so novel,
unusual and comple@, due to the number of accused or the
nature of the prosecution, or that it is unreasonable to e@pect
adeAuate preparation within the periods of time established
therein.
7n addition, no continuance under section 'f) of this +ule
shall be granted because of congestion of the courtLs calendar
or lac8 of diligent preparation or failure to obtain available
witnesses on the part of the prosecutor. sec. 1(, cir. '.=$.)
'actors for (ranting 2ontinuance
1. Whether or not the failure to grant a continuance in the
proceeding would%
1. liIel/ maIe a con%ina%ion o+ &c) 'roceedin( im'o&&iAle#
or
". re&l% in a mi&carria(e o+ E&%ice9 and
2. Whether or not the case taBen as a whole is so no0el,
unusual and comple*%
1. de %o %)e nmAer o+ acc&ed or %)e na%re o+ %)e
'ro&ec%ion# or
". %)a% i% i& nrea&onaAle %o eG'ec% ade;a%e 're'ara%ion
7i%)in %)e
'eriod& o+ %ime e&%aAli&)ed %)erein.
2ontinuance shall -A< e (ranted for the following
)easons%
1. Con(e&%ion o+ %)e cor%P& calendar#
". LacI o+ dili(en% 're'ara%ion# or
*. Failre %o oA%ain a$ailaAle 7i%ne&&e& in %)e 'ar% o+ %)e
'ro&ec%or
1. Disposition of motions for continuance
4arcos 0. )ui/
213 S2)& 1::
Septemer 1, 1552
<hird Di0ision% Da0ide, 8r., 8.
,uestion%
0o7 &)old mo%ion& +or con%inance& Ae rled 'onJ
&nswer%
A''lica%ion& +or con%inance& are addre&&ed %o %)e &ond
di&cre%ion o+ %)e cor% 7)ic) m&% Ae Edicial and no% arAi%rar/. I%
i& %)e (ardian o+ %)e ri()%& o+ %)e acc&ed a& 7ell a& %)o&e o+ %)e
'eo'le a% lar(e# and &)old no% ndl/ +orce )im %o %rial# nor +or
li()% ca&e& Eeo'ardi6e %)e ri()%& or in%ere&%& o+ %)e 'Alic. W)ere
%)e cor% concei$e& i% %o Ae nece&&ar/ +or %)e more 'er+ec%
a%%ainmen% o+ E&%ice# i% )a& %)e 'o7er 'on %)e mo%ion o+ ei%)er
'ar%/ %o con%ine %)e ca&e. <% a 'ar%/ c)ar(ed 7i%) a crime )a&
no na%ral or alienaAle ri()% %o a con%inance.
2. 9iring of new counsel
People 0. Dela 2ru/
136 S2)& =1:
8une 16, 151:
Second Di0ision% (utierre/, 8r.
'acts%
Drin( %)e 're&en%a%ion o+ acc&ed a& 7i%ne&&# )e )ired a
ne7 con&el 7)o a''eared and a&Ied +or 'o&%'onemen%. T)e
Ed(e denied %)e mo%ion and a&&i(ned counsel de o7cio %o
're&en% %)e 7i%ne&&.
Issue%
Did %)e Ed(e aA&e )i& di&cre%ionJ
9eld%
No. T)e %rial and )earin(& o+ %)e ca&e )ad lon( Aeen
&c)edled and i+ %)e acc&ed c)o&e %o re%ain a ne7 con&el and
%o )and o$er %)e record& o+ %)e ca&e onl/ &)or%l/ Ae+ore %)e %rial
+or %)a% da/# %)en %)ere can Ae no o%)er concl&ion A% %)a%
acc&ed 7a& merel/ %r/in( %o dela/ %)e admini&%ra%ion o+ E&%ice
a& +ond A/ %)e %rial cor%. 1ore &o# a& %)e 'ro&ec%ion )ad
!ni&)ed 're&en%in( i%& ca&e and i% 7a& %)e %rn o+ %)e acc&ed %o
're&en% )i& 7i%ne&&e& and )i& e$idence. In an/ ca&e# acc&ed 7a&
(i$en a con&el de o7cio 7)o ac%ed a& )i& la7/er drin( %)e
're&en%a%ion o+ %)e acc&ed a& 7i%ne&&. T)e %ran&cri'%& 7old
&)o7 %)a% %)e acc&ed 7a& (i$en an o''or%ni%/ %o Ae )eard and
aBorded a +air %rial.
S52. 0. 1ime limit following an order for new trial. 7f
the accused is to be tried again pursuant to an order for a new
trial, the trial shall commence within thirty '() days from
notice of the order, provided that if the period becomes
impractical due to unavailability of witnesses and other
factors, the court may e@tend but not to e@ceed one hundred
eighty 1.() days. Eor the second twelve=month period, the
time limit shall be one hundred eighty 1.() days from notice
of said order for new trial. sec 11, cir. '.=$.)
<ime Himit following an Arder for -ew <rial
1. (eneral )ule + %rial &)all commence 7i%)in *> da/& +rom
no%ice o+ %)e order (ran%in( a ne7 %rial
2. E*ception + %)e cor% ma/ eG%end %)e 'eriod# 'ro$idedM
1. T)e 'eriod Aecome& im'rac%ical de %o na$ailaAili%/ o+
7i%ne&&e& and
o%)er +ac%or&# and
". T)e eG%en&ion &)all no% eGceed 1D> da/& +rom no%ice o+
&aid order +or a ne7 %rial
S52. /. 5@tended time limit.= ?otwithstanding the provisions of
section 1g), +ule 11/ and the preceding section 1, for the first
twelve=calendar=month period following its effectivity on
September 10, 1$$., the time limit with respect to the period from
arraignment to trial imposed by said provision shall be one
hundred eighty 1.() days. Eor the second twelve=month period,
the time limit shall be one hundred twenty 1&() days, and for the
third twelve=month period, the time limit shall be eighty .() days.
sec. 4, cir. '.=$.)
<ime Periods
Stage of
Proceeding
When it 4ust e
9eld or 2onducted
Pertinent
Pro0ision
&rraignment Wi%)in *> da/& +rom
%)e da%e %)e cor%
ac;ire& Eri&dic%ion
o$er %)e 'er&on o+
%)e acc&ed
Rle 118
Sec. 12(3
Pre.trial Wi%)in *> da/& +rom
%)e da%e %)e cor%
ac;ire& Eri&dic%ion
o$er %)e 'er&on o+
%)e acc&ed
Rle 11D
Sec. 1
<rial (eneral Period +
7i%)in *> da/& +rom
recei'% o+ 'reC%rial
order
CCCCCCCCCCCCCCCCCCCCCCCCCCCCC
CCCCCC
E*tended Period +
7i%)in D> da/& +rom
arrai(nmen%
Rle 11F
Sec. 1
Rle 11F
Sec. 8
S52. 4. !ublic attorneyLs duties where accused is imprisoned. 7f
the public attorney assigned to defend a person charged with a
crime 8nows that he latter is preventively detained, either because
he is charged with a bailable crime but has no means to post bail,
or, is charged with a non=bailable crime, or, is serving a term of
imprisonment in any penal institution, it shall be his duty to do the
following:
a) Shall promptly underta8e to obtain the presence of the
prisoner for trial or cause a notice to be served on the person
having custody of the prisoner reAuiring such person to so
advise the prisoner of his right and demand trial.
b) Cpon receipt of that notice, the custodian of the
prisoner shall promptly advise the prisoner of the charge and
of his right to demand trial. 7f at anytime thereafter the
prisoner informs his custodian that he demands such trial, the
latter shall cause notice to that effect to be sent promptly to
the public attorney.
c) Cpon receipt of such notice, the public attorney shall
promptly see8 to obtain the presence of the prisoner for trial.
d) Jhen the custodian of the prisoner receives from the
public attorney a properly supported reAuest for the
availability of the prisoner for purpose of trial, the prisoner
shall be made available accordingly. sec. 1&, cir. '.=$.)
Procedure when the &ccused is Imprisoned
Situation Person.in.charge Dut!
T)e acc&ed i&M
1. Pre$en%i$el/
de%ained# ei%)er
Aeca&e )e i&
c)ar(ed 7i%) aM
1. AailaAle crime
A%
)a& no mean& %o
Pulic attorne!
assigned to
defend the
accused
0e &)all 'rom'%l/
1. nder%aIe %o
oA%ain %)e 're&ence
o+ %)e 'ri&oner +or
%rial# or
". ca&e a no%ice %o
Ae &er$ed on %)e
'o&%
Aail#
". nonCAailaAle
crime#
Or
". Ser$in( a %erm o+
im'ri&onmen% in an/
'enal in&%i%%ion
'er&on )a$in(
c&%od/ o+ %)e
'ri&oner re;irin(
&c) 'er&on %o &o
ad$i&e %)e 'ri&oner
o+ )i& ri()% %o
demand %rial
T)e c&%odian o+
acc&ed recei$e&
no%ice ad$i&in( )im
o+ %)e ri()% o+ %)e
acc&ed %o demand
%rial
T)e
acc&ed:'ri&oner
in+orm& )i&
c&%odian %)a% )e
demand& &c) %rial
2ustodian of the
accused
0e &)all 'rom'%l/
ad$i&e %)e
acc&ed:'ri&oner o+
%)e c)ar(e and o+ )i&
ri()% %o demand %rial
0e &)all ca&e no%ice
%o Ae 'rom'%l/ &en%
%o %)e 'Alic
a%%orne/ o+ %)e
demand o+ %)e
acc&ed:'ri&oner
T)e 'Alic a%%orne/
recei$e& %)e aAo$e
no%ice +rom %)e
c&%odian o+ %)e
acc&ed
Pulic attorne!
assigned to
defend accused
0e &)all 'rom'%l/
&eeI %o oA%ain %)e
're&ence o+ %)e
acc&ed +or %rial
T)e c&%odian
recei$e& +rom %)e
'Alic a%%orne/ a
'ro'erl/ &''or%ed
re;e&% +or %)e
a$ailaAili%/ o+ %)e
acc&ed: 'ri&oner +or
'r'o&e o+ %rial
2ustodian of the
accused
0e &)all maIe %)e
acc&ed:'ri&oner
a$ailaAle accordin(l/
S52. .. Sanctions. 7n any case in which private counsel
for the accused, the public attorney, or the prosecutor:
a) 6nowingly allows the case to be set for trial without
disclosing that a necessary witness would be unavailable for
trial3
b) Eiles a motion solely for delay which he 8nows is
totally frivolous and without merit3
c) Ma8es a statement for the purpose of obtaining
continuance which he 8nows to be false and which is
material to the granting of a continuance3 or
d) Jillfully fails to proceed to trial without justification
consistent with the provisions hereof, the court may punish
such counsel, attorney, or prosecutor, as follows:
1) -y imposing on a counsel privately retained in
connection with the defense of an accused, a fine not
e@ceeding twenty thousand pesos !&(,(((.(()3
&) -y imposing on any appointed counsel de oficio,
public attorney, or prosecutor a fine not e@ceeding five
thousand pesos !0,(((.(()3 and
') -y denying any defense counsel or prosecutor the right
to practice before the court trying the case for a period not
e@ceeding thirty '() days. 1he punishment provided for by
this section shall be without prejudice to any appropriate
criminal action or other sanction authoriBed under these rules.
sec. 1', cir. '.=$.)
Sanctions and their Penalties
1. Who are co0ered ! Sec. 1%
1. Pri$a%e con&el +or %)e acc&ed#
". PAlic a%%orne/# and
*. PAlic 'ro&ec%or
2. &cts of the ao0e that ma! e sanctioned%
1. Hno7in(l/ allo7in( %)e ca&e %o Ae &e% +or %rial 7i%)o%
di&clo&in( %)a% a nece&&ar/ 7i%ne&& 7old Ae na$ailaAle +or
%rial#
". Filin( a mo%ion &olel/ +or dela/ 7)ic) )e Ino7& i& %o%all/
+ri$olo& and
7i%)o% meri%9
*. 1aIin( a &%a%emen% +or %)e 'r'o&e o+ oA%ainin(
con%inance 7)ic) )e Ino7& %o Ae +al&e and 7)ic) i&
ma%erial %o %)e (ran%in( o+ a con%inance9 or
,. Will+ll/ +ailin( %o 'roceed %o %rial 7i%)o% E&%i!ca%ion
con&i&%en% 7i%)
%)e 'ro$i&ion& )ereo+#
3. Penalties for commission of ao0e acts%
1. A !neM
1. no% eGceedin( P">#>>> +or 'ri$a%el/ re%ained con&el
o+ %)e
acc&ed
". no% eGceedin( P-#>>> T +orM
1. a''oin%ed con&el de o!cio#
". 'Alic a%%orne/# or
*. 'Alic 'ro&ec%or9
". Denial o+ %)e ri()% o+ %)e de+en&e con&el or 'ro&ec%or %o
'rac%ice Ae+ore %)e cor% %r/in( %)e ca&e +or a 'eriod no%
eGceedin( *> da/&9
*. An/ a''ro'ria%e criminal ac%ion9 and
,. O%)er &anc%ion& a%)ori6ed nder %)e&e Rle&
S52. $. +emedy where accused is not brought to trial within the
time limit. 7f the accused is not brought to trial within the time
limit reAuired by Section 1g), +ule 11/ and Section 1, as e@tended
by Section / of this rule, the information may be dismissed on
motion of the accused on the ground of denial of his right to
speedy trial. 1he accused shall have the burden of proving the
motion but the prosecution shall have the burden of going forward
with the evidence to establish the e@clusion of time under section '
of this rule. 1he dismissal shall be subject to the rules on double
jeopardy.
Eailure of the accused to move for dismissal prior to trial
shall constitute a waiver of the right to dismiss under this
section. sec. 1#, cir. '.=$.)
When &ccused is -A< 7rought to <rial within <ime Himit
1. <ime limits%
1. Acc&ed m&% Ae arrai(ned 7i%)in *> da/& +rom %)e da%e
%)e cor%
ac;ire& Eri&dic%ion o$er )i& 'er&on 4Rle 118# Sec. 1 2(35
". PreC%rial m&% commence 7i%)in *> da/& +rom %)e da%e %)e
cor% ac;ire&
Eri&dic%ion o$er )i& 'er&on 4Rle 11D# Sec. 15
*. Trial m&% commenceM
1. A& a (eneral rle T 7i%)in *> da/& +rom arrai(nmen%
4Rle 11F# Sec. 15
". Under %)e eG%ended 'eriod T 7i%)in D> da/& +rom
arrai(nmen% 4Rle 11F Sec. 85
2. E@ect when accused is not rought to trial within the
time limit%
1. I+ %)e acc&ed !le& a mo%ion %o di&mi&& T %)e in+orma%ion
&)all Ae di&mi&&ed
". T)e di&mi&&al &)all Ae &AEec% %o %)e rle& on doAle
Eeo'ard/
3. (round for dismissal of the information%
Denial o+ %)e ri()% o+ %)e acc&ed %o &'eed/ %rial
#. E@ect if the accused fails to fle a motion to dismiss
prior to trial%
I% &)all con&%i%%e a 7ai$er o+ %)e ri()% %o di&mi&& nder %)i&
&ec%ion
S52. 1(. ,aw on speedy trial not a bar to provision on
speedy trial in the 2onstitution. ?o provision of law on
speedy trial and no rule implementing the same shall be
interpreted as a bar to any charge of denial of the right to
speedy trial guaranteed by section 1#&), article 777, of the
1$.4 2onstitution. sec. 10, cir. '.=$.)
1a8e note of Section $ and 1(. !lease correlate this on the rights of
the accused to speedy trial as mention in Section 1GhH of +ule 110 on the
rights of the accused.
S52. 11. "rder of trial. 1he trial shall proceed in the
following order:
a) 1he prosecution shall present evidence to prove the
charge and, in the proper case, the civil liability.
b) 1he accused may present evidence to prove his defense
and damages, if any, arising, from the issuance of a
provisional remedy in the case.
c) 1he prosecution and the defense may, in that order,
present rebuttal and sur=rebuttal evidence unless the court, in
furtherance of justice, permits them to present additional
evidence bearing upon the main issue.
d) Cpon admission of evidence of the parties, the case
shall be deemed submitted for decision unless the court
directs them to argue orally or to submit written memoranda.
e) Jhen the accused admits the act or omission charged
in the complaint or information but interposes a lawful
defense, the order of trial may be modified. 'a)
Arder of <rial
1. Presentation of e0idence ! the prosecution to pro0e%
1. %)e c)ar(e a(ain&% %)e acc&ed# and
". %)e ci$il liaAili%/ o+ %)e acc&ed# 47)en deemed in&%i%%ed
7i%) %)e criminal ca&e5
2. Presentation of e0idence ! the accused to pro0e%
1. )i& de+en&e# and
". dama(e&# i+ an/# ari&in( +rom %)e i&&ance o+ a 'ro$i&ional
remed/
in %)e ca&e
3. )euttal e0idence ! the prosecution
nle&& %)e cor%# in +r%)erance o+ E&%ice# 'ermi%& i% %o
're&en% addi%ional
e$idence Aearin( 'on %)e main i&&e
#. Sur.reuttal ! the defense
Unle&& %)e cor%# in +r%)erance o+ E&%ice# 'ermi%& %)em %o
're&en%
addi%ional e$idence Aearin( 'on %)e main i&&e
3. &dmission of e0idence of the parties
=. <he case shall e sumitted for decision unless the
court directs them to%
1. ar(e orall/# or
". &Ami% 7ri%%en memoranda
When the Arder of <rial ma! e 4odifed + When the
&ccused%
1. admi%& %)e ac% or omi&&ion c)ar(ed in %)e com'lain% or
in+orma%ion# <UT
". in%er'o&e& a la7+l de+en&e
1. &sence of trial
Da!awon 0. (arfn
311 S2)& 3#1
Septemer 3, 2662
'irst Di0ision% >nares.Santiago, 8.
'acts%
Acc&ed !led a mo%ion %o ;a&) %)e , indic%men%& +or
$iola%ion o+ <.P. "" a(ain&% )er on %)e (rond o+ 'a/men/. T)e
Ed(e &e% %)e ca&e +or )earin( on %)e mo%ion and ordered )er %o
're&en% e$idence. La%er# %)e 'ro&ec%ion 're&en%ed e$idence %o
&''or% i%& o''o&i%ion. <a&ed on %)e e$idence# %)e Ed(e
con$ic%ed %)e acc&ed# la%er eG'lainin( %)a% &)e 7an%ed %o a$oid
a KrondaAo% 7a/ o+ di&'o&in( ca&e&.L
Issue%
I& %)e 'rocedre 'ro'erJ
9eld%
No. <e+ore an acc&ed can Ae con$ic%ed o+ a crime c)ar(ed#
i% i& e&&en%ial %)a% )e Ae (i$en %)e c)ance %o re+%e %)e alle(a%ion&
a(ain&% )im in a 'ro'er %rial on %)e meri%& and no% &im'l/ in a
)earin( on an inciden% o+ %)e ca&e &c) a& a mo%ion %o ;a&). T)e
Rle& o+ Cor% 're&criAe %)e 'rocedre %o Ae +ollo7ed in criminal
ca&e& and %)e Ed(e 7a& no% a% liAer%/ %o di&re(ard %)e rle& on
%)e Nim&/ eGc&e %)a% %)e 'ecliari%/ o+ %)e criminal ca&e&
re;ired %)e a''lica%ion o+ an/ &i%aAle 'roceedin( in accordance
7i%) Sec. 8 o+ Rle 1*-.
A&&min( acc&ed admi%%ed %)e c)ar(e&# Sec. *2e3 o+ Rle
11F &)old )a$e Aeen a''lied. Con+ormaAl/# a modi!ed order o+
%rial i& a%)ori6ed 7)ene$er an acc&ed admi%& %)e c)ar(e A%
in%er'o&e& a la7+l de+en&e. T)i& doe& no% mean# )o7e$er# %)a% in
&c) a ca&e# %rial cold Ae di&'en&ed 7i%) al%o(e%)er. A Ed(e
m&% none%)ele&& a&cer%ain 7)e%)er %)e de+en&e '% ' A/ %)e
acc&ed cold 7i%)&%and Edicial &cr%in/. In o%)er 7ord&# 7)ile
%)e Arden o+ e$idence i& &)i+%ed %o %)e acc&ed %o 'ro$e A/ clear
and con$incin( e$idence %)a% )e i& en%i%led %o an eG%ena%in(
circm&%ance# %)e %rial cor% i& &%ill d%/CAond %o e&%aAli&) %)a%
%)e acc&ed# in +ac%# did no% incr an/ liaAili%/ rela%i$e %o )i&
admi&&ion. Needle&& %o &a/# a re(lar %rial on %)e meri%& i&
nece&&ar/ +or %)i& 'r'o&e.
2. Cse of a$da0it as direct testimon!
Saca! 0. Sandigana!an
1#2 S2)& 353
8ul! 16, 151=
En 7anc% 'eria, 8.
Issue%
1a/ %)e 'ro&ec%ion 're&en% %)e a?da$i% o+ a 7i%ne&& %o
&er$e a& )i& direc% %e&%imon/ &AEec% %o cro&&CeGamina%ion A/
con&el +or %)e acc&edJ
9eld%
No. Rle& (o$ernin( %)e eGamina%ion o+ 7i%ne&&e& are
in%ended %o 'ro%ec% %)e ri()%& o+ li%i(an%& and %o &ecre orderl/
di&'a%c) o+ %)e A&ine&& o+ %)e cor%&. Onl/ ;e&%ion& direc%ed %o
%)e elici%in( o+ %e&%imon/ 7)ic)# nder %)e (eneral rle& o+
e$idence# i& rele$an% %o# and com'e%en% %o 'ro$e# %)e i&&e o+ %)e
ca&e# ma/ Ae 'ro'onded %o %)e 7i%ne&&. A 7i%ne&& ma/ %e&%i+/
onl/ on %)o&e +ac%& 7)ic) )e Ino7& o+ )i& o7n Ino7led(e. I% i&
oA$io& %)a% &c) 'r'o&e ma/ )e &A$er%ed# and %)e orderl/
di&'a%c) o+ %)e A&ine&& o+ %)e cor%& %)7ar%ed# i+ %rial Ed(e& are
allo7ed %o ado'% an/ 'rocedre in %)e 're&en%a%ion o+ e$idence
o%)er %)an 7)a% i& &'eci!call/ a%)ori6ed A/ %)e Rle& o+ Cor%.
3. Wai0er of right to present e0idence
People 0. 4acarang
#2# S2)& 11
'eruar! 2=, 266#
En 7anc% &ustria.4artine/, 8.
'acts%
Acc&ed 7a& %ried +or %)e crime o+ ;ali!ed ra'e. A+%er
&e$eral 'o&%'onemen%& +or %)e 're&en%a%ion o+ de+en&e e$idence
ei%)er Aeca&e o+ %)e aA&ence o+ )i& con&el or Aeca&e )e 7a&
no% read/ %o %e&%i+/# %)e cor% i&&ed %)e +ollo7in( orderM
K... a& 'ra/ed +or A/ %)e PAlic Pro&ec%or and 'r&an% %o
%)e order o+ A(.
"D# ">>1# acc&ed i& no7 deemed %o )a$e 7ai$ed )i& ri()% %o
're&en%
e$idence. A& +r%)er 'ra/ed +or# %)i& ca&e i& no7 deemed
&Ami%%ed +or deci&ion.L
T)erea+%er# %)e cor% &en%enced acc&ed %o dea%).
Issue%
Wa& %)ere a 7ai$er A/ acc&ed o+ )i& ri()% %o 're&en%
e$idenceJ
9eld%
No. In criminal ca&e& 7)ere %)e im'o&aAle 'enal%/ ma/ Ae
dea%)# %)e Ed(e i& called 'on %o &ee %o i% %)a% %)e acc&ed i&
made a7are o+ %)e con&e;ence& o+ no% )eedin( %)e 7arnin(
(i$en A/ %)e %rial cor%. 0ere# %)e 7ai$er o+ %)e ri()% %o 're&en%
e$idence 7a& no% e$en $oln%ar/ nor 'on %)e in&%ance o+ %)e
acc&ed# A% im'o&ed A/ %)e %rial cor%# a''aren%l/ %o 'enali6e
acc&ed# a+%er )e and )i& con&el re'ea%edl/ mo$ed +or %)e
'o&%'onemen%& o+ %)e &c)edled )earin(&. OA$io&l/# acc&ed
7a& de'ri$ed o+ )i& ri()% %o de 'roce&&.
#. Supoena during ad0erse part!Ls turn
&dorio 0. 7ersamin
2:3 S2)& 21:
8une 16, 155:
'irst Di0ision% ;apunan, 8.
Issue%
1a/ an acc&ed re;e&% +or %)e i&&ance o+ &A'oena& %o )i&
o7n 7i%ne&&e& %o a''ear and Arin( docmen%& drin( %rial 7)ile i%
i& &%ill %)e %rn o+ %)e 'ro&ec%ion %o 're&en% i%& e$idenceJ
9eld%
Ye&. Rle 11F# Sec. 11 o+ %)e Rle& o+ Cor% 7)ic) 're&criAe&
%)e order o+ %rial in criminal ca&e& doe& no% 'reclde %)e de+en&e
+rom 'rocrin( &A'oena& duces tecum drin( %)e %ime o+ %)e
'ro&ec%ionP& 're&en%a%ion o+ e$idence. In %)i& ca&e# con&el +or
%)e acc&ed +el% %)a% )e needed %)e docmen%& &AEec% o+ %)e
&A'oena& +or )i& cro&&CeGamina%ion o+ %)e 'ro&ec%ion 7i%ne&&e&.
Accordin(l/# %)e Ed(e called a rece&& %o enaAle &aid con&el %o
&ecre &aid docmen%& +rom %)e AanI o?cial&. T)e order o+ %rial
7a& no% in an/ 7a/ al%ered. Con&el +or %)e acc&ed did no% e$en
a%%em'% %o call an/ o+ %)e AanI o?cial& %o %)e &%and. Under %)e&e
circm&%ance&# %)e re&l%in( dela/ canno% Ae con&idered
nrea&onaAle nor Kirre(lar.L
3. )euttal e0idence
Pana 0. 7u!ser
331 S2)& 155
4a! 2#, 2661
En 7anc% 7uena, 8.
'acts%
A+%er %)e 'ro&ec%ion and acc&ed re&%ed# %)e 'ro&ec%ion
're&en%ed " 7i%ne&&e& a& reA%%al. A+%er con$ic%ion# acc&ed
claimed %)a% %)e admi&&ion o+ %)e reA%%al e$idence 7a& im'ro'er.
Issue%
1a/ %)e 'ro&ec%ion &%ill Ae allo7ed %o 're&en% reA%%al a+%er
i% )a& re&%ed i%& ca&eJ
9eld%
Ye&# Aeca&e in %)e order o+ %rial &e% A/ %)e rle&# %)e 'ar%ie&
ma/ 're&en% reA%%al e$idence. T)e ri()% %o 're&en% e$idence i&
re&er$ed %o %)e S%a%e no le&& %)an %o %)e acc&ed. T)e rle& o+
e$idence 'ermi% %)e &e o+ con&ideraAle di&cre%ion A/ %)e %rial
cor%& in %)e admi&&ion o+ reA%%al e$idence. I% canno% Ae &aid
%)a% %)e %rial cor% aA&ed i%& di&cre%ion in %)i& re&'ec%# 7)ere %)e
de+endan% i& no% %aIen A/ &r'ri&e and i& no% 're$en%ed +rom
in%rodcin( e$idence in &rCreA%%al.
=. )e0ersed order of trial
a. 2laim of self.defense
Saca! 0. Sandigana!an
1#2 S2)& 353
8ul! 16, 151=
En 7anc% 'eria, 8.
'acts%
Drin( %)e %e&%imon/ o+ %)e !r&% 'ro&ec%ion 7i%ne&&#
acc&ed# %)ro() con&el# admi%%ed %)a% )e &)o% %)e decea&ed#
A% in$oIed &el+Cde+en&e and +l!lmen% o+ d%/. T)e 'ro&ec%ion
%)en mo$ed %)a% %)e re$er&e 'rocedre Ae ado'%ed in $ie7 o+ %)e
admi&&ion %)a% %)e acc&ed &)o% %)e decea&ed. No oAEec%ion 7a&
in%er'o&ed A/ %)e acc&ed or )i& con&el. T)&# a+%er 're&en%in(
e$idence %o 'ro$e dama(e& and %)e dea%) and medical
cer%i!ca%e& o+ %)e decea&ed# %)e 'ro&ec%ion re&%ed. T)erea+%er#
acc&ed 're&en%ed )i& e$idence.
Issue%
I& %)e 'rocedre 'ro'erJ
9eld%
Ye&. T)e 'rocedre +or %rial 'ro$ided in Sec. 11# Rle 11F o+
%)e Rle& o+ Cor% &a+e(ard& and 'ro%ec%& %)e +ndamen%al ri()%
o+ %)e acc&ed %o Ae 're&med innocen% n%il %)e con%rar/ i&
'ro$ed. Indeed# %)e +orm o+ a %rial i& al&o a ma%%er o+ 'Alic order
and in%ere&%9 %)e orderl/ cor&e o+ 'rocedre re;ire& %)a% %)e
'ro&ec%ion &)all (o +or7ard and 're&en% all o+ i%& 'roo+ in %)e !r&%
in&%ance. 0o7e$er# in %)i& ca&e %)e acc&ed did no% oAEec% %o %)e
'rocedre +ollo7ed. I% &)old Ae no%ed %)a% %)i& 'rocedre i& no7
eG're&&l/ &anc%ioned in Sec. 112e3# Rle 11F o+ %)e Rle& o+ Cor%
7)ic) 'ro$ide& +or a re$er&e %rial 7)en acc&ed admi%& %)e ac% or
omi&&ion c)ar(ed A% in%er'o&e& a la7+l de+en&e.
. 2laim of accident
People 0. (utierre/
362 S2)& =#3
'eruar! 1, 1555
Second Di0ision% 4endo/a, 8.
Issue%
W)ere %)e acc&ed in a mrder ca&e claim& %)a% i% 7a& %)e
$ic%im 7)o acciden%all/ &)o% )im&el+# &)old %)e order o+ %rial Ae
re$er&edJ
9eld%
No. Rle 11F# 11 o+ %)e Rle& o+ Cor% allo7& %)e %rial cor% %o
modi+/ %)e order o+ %rial. T)e c)an(e +ond in %)e 're&en% rle i&
Aa&ed on %)e %)eor/ %)a% A/ 'leadin( &el+Cde+en&e# %)e acc&ed
admi%& %)e Iillin( and# %)ere+ore# %)e Arden o+ E&%i!ca%ion i& no7
on )im. T)i& rle# )o7e$er# doe& no% re;ire &c) a c)an(e in %)e
order o+ %rial A% onl/ allo7& i% in %)e di&cre%ion o+ %)e cor%. In %)i&
ca&e# al%)o() acc&ed 'leaded &el+Cde+en&e# )e did no% reall/
admi% %)e Iillin( Aeca&e )i& claim 7a& %)a% i% 7a& %)e decea&ed
7)o acciden%all/ &)o% )im&el+. T)ere i&# %)ere+ore# no Aa&i& +or
re$er&in( %)e order o+ %rial. T)e Arden 7a& on %)e 'ro&ec%ion %o
'ro$e %)a% i% 7a& acc&ed 7)o reall/ !red )i& (n a% %)e
decea&ed.
1he order of the trial in the criminal case is almost the same pattern as
in civil cases.
F: Jho presents evidence firstO
*: 1he prosecution. Cnder Section 11 GaH, :1he prosecution shall
present evidence to prove the charge and, in the proper case, the civil
liability.9 So you prove the charge and the civil liability.
F: *no yung :in the proper case9O
*: 1hat is because if the civil liability has already been reserved, ah
wala na forget evidence of civil liability where there is already
reservation. !ero 8ung hindi, then it is deemed instituted with the
criminal case.
Cnder paragraph GbH, provisional remedies are allowed in criminal
cases, li8e attachments, etc. in the same way if the civil action is deem
instituted, the offended party can as8 a preliminary attachment of the
property under +ule 1&4.
!aragraph GeH refers to :trial in reverse.9 1he best e@ample is when
the accused raises self=defense. 1he burden of proof is automatically
shifted to the accused. -ut this should be included during the pre=trial as
provided under +ule 11., Section 1 GeH:
S5217"? 1. !re=trial3 mandatory in criminal cases. 7n
all criminal cases cogniBable by the Sandiganbayan, +egional
1rial 2ourt, Metropolitan 1rial 2ourt, Municipal 1rial 2ourt
in 2ities, Municipal 1rial 2ourt and Municipal 2ircuit 1rial
2ourt, the court shall, after arraignment and within thirty '()
days from the date the court acAuires jurisdiction over the
person of the accused, unless a shorter period is provided for
in special laws or circulars of the Supreme 2ourt, order a pre=
trial conference to consider the following:
@ @ @ @ @ @ @
e) modification of the order of trial if the accused admits
the charge but interposes a lawful defense3
@ @ @ @ @ @ @
F: 7s there such a thing as deposition=ta8ing in criminal casesO
*: I5S, under Section 1&:
S52. 1&. *pplication for e@amination of witness for
accused before trial. Jhen the accused has been held to
answer for an offense, he may, upon motion with notice to
the other parties, have witnesses conditionally e@amined in
his behalf. 1he motion shall state: a) the name and residence
of the witness3 b) the substance of his testimony3 and c) that
the witness is sic8 or infirm as to afford reasonable ground
for believing that the will not be able to attend the trial, or
resides more than one hundred 1(() 8ilometers from the
place of trial and has no means to attend the same, or that
other similar circumstances e@ist that would ma8e him
unavailable or prevent him from attending the trial. 1he
motion shall be supported by an affidavit of the accused and
such other evidence as the court may reAuire. #a)
2onditional E*amination PDeposition <aBingQ of a Witness
in ehalf of the &ccused
1. )e?uisites%
1. T)e acc&ed )a& Aeen )eld %o an&7er +or an oBen&e#
". T)e acc&ed m&% !le a mo%ion 7i%) %)e cor%# and
*. T)e acc&ed m&% &er$e no%ice %o %)e o%)er 'ar%ie& %o %)e
ca&e
2. What the motion shall state%
1. T)e name and re&idence o+ %)e 7i%ne&&#
". T)e &A&%ance o+ %)e %e&%imon/ o+ %)e 7i%ne&&# and
*. T)a% +ac% %)a% %)e 7i%ne&&M
1. i& &icI or in!rm a& %o aBord rea&onaAle (rond +or
Aelie$in( %)a% )e 7ill no% Ae aAle %o a%%end %)e %rial# or
". re&ide& more %)an 1>> Iilome%er& +rom %)e 'lace o+
%rial and )a&
no mean& %o a%%end %)e &ame# or
*. o%)er &imilar circm&%ance& eGi&% %)a% 7old maIe
%)e 7i%ne&&
na$ailaAle or 're$en% )im +rom a%%endin( %)e %rial.
3. What shall support the motion%
1. an a?da$i% o+ %)e acc&ed# and
". &c) o%)er e$idence a& %)e cor% ma/ re;ire.
1. Deposition of witness li0ing aroad
8a!lo 0. Sandigana!an
3:6 S2)& 1:6
-o0emer, 22, 2661
En 7anc% Sando0al.(utierre/, 8.
'acts%
Acc&ed 7a& c)ar(ed 7i%) mrder. <e+ore %rial# )e !led a
mo%ion 'ra/in( %)a% )e Ae allo7ed %o %aIe oral de'o&i%ion& o+ *
DEA a(en%& Ae+ore a con&lar o?cial o+ %)e P)ili''ine EmAa&&/
&%a%ioned in %)e USA. 0e alle(ed %)a% %)e 7i%ne&&e& cold no%
come %o %)e P)ili''ine& +or &ecri%/ rea&on& and %)e/ )ad in %)eir
'o&&e&&ion $ideo %a'e recordin(&. T)e Sandi(anAa/an denied %)e
mo%ion.
Issue%
I& %)e denial 'ro'erJ
9eld%
Ye&. T)e Sandi(anAa/an 'ro'erl/ rle& %)a% no nece&&i%/
eGi&%ed +or %)e condi%ional eGamina%ion o+ %)e * 'ro'o&ed
7i%ne&&e& +or %)e de+en&e Aeca&eM 4a5 o%)er 7i%ne&&e& a''earin(
on record are a$ailaAle %o %e&%i+/ on %)e &ame +ac%& on 7)ic) %)e
'ro'o&ed de'onen%& 7old %e&%i+/9 and %)a% 4A5 acc&ed +ailed %o
&)o7 %)a% %)e $ideo %a'e& recordin( %)e e$en%& 'rior %o and
drin( %)e &)oo%in( inciden% cold no% Ae 'rodced eGce'%
%)ro() %)e &ame de'onen%&. T)e %e&%imon/ o+ &c) 7i%ne&&e&
are merel/ corroAora%i$e. A Aare alle(a%ion %)a% %)e DEA a(en%&
canno% come %o %)e P)ili''ine& %o %e&%i+/ +or &ecri%/ rea&on&# i&
no% a com'ellin( E&%i!ca%ion %o %aIe %)eir de'o&i%ion in %)e US.
T)e %aIin( o+ de'o&i%ion in criminal ca&e& ma/ Ae allo7ed onl/ in
eGce'%ional &i%a%ion in order %o 're$en% a +ailre o+ E&%ice.
2. &pplication for supoena
&dorio 0. 7ersamin
2:3 S2)& 21:
8une 16, 155:
'irst Di0ision% ;apunan, 8.
Issue%
1&% con&el +rni&) %)e ad$er&e 'ar%/ 7i%) co'/ o+ )i&
re;e&% +or i&&ance o+ &A'oenaJ
9eld%
No. Re;e&%& A/ a 'ar%/ +or %)e i&&ance o+ &A'oena& do
no% re;ire no%ice %o o%)er 'ar%ie& %o %)e ac%ion. No $iola%ion o+
de 'roce&& re&l%& A/ &c) lacI o+ no%ice &ince %)e o%)er 'ar%ie&
7old )a$e am'le o''or%ni%/ %o eGamine %)e 7i%ne&&e& and
docmen%& &A'oenaed once %)e/ are 're&en%ed in cor%.
F: Dow is deposition in criminal cases being doneO
*: +ead Section 1':
S52. 1'. 5@amination of defense witness3 how made. 7f
the court is satisfied that the e@amination of a witness for the
accused is necessary, an order shall be made directing that the
witness be e@amined at a specific date, time and place and
that a copy of the order be served on the prosecutor at least
three ') days before the scheduled e@amination. 1he
e@amination shall be ta8en before a judge, or, if not
practicable, a member of the -ar in good standing so
designated by the judge in the order, or if the order be made
by a court of superior jurisdiction, before an inferior court to
be designated therein. 1he e@amination shall proceed
notwithstanding the absence of the prosecutor provided he
was duly notified of the hearing. * written record of the
testimony shall be ta8en. 0a)
Procedure in 2onditional E*amination of Witness for the
&ccused
1. E@ect when the court is satisfed that the e*amination
of a witness for the accused is necessar!
1. T)e cor% &)all i&&e an order direc%in( %)a% %)e 7i%ne&& Ae
eGamined a% a &'eci!c da%e# %ime and 'lace# and
". A co'/ o+ %)e order &)all Ae &er$ed on %)e 'ro&ec%or a%
lea&% * da/& Ae+ore %)e &c)edled eGamina%ion
2. Who shall conduct the e*amination%
1. 1
&%
'riori%/ T a Ed(e# or#
". i+ no% 'rac%icaAle T a memAer o+ %)e <ar in (ood &%andin(
&o de&i(na%ed
A/ %)e Ed(e in %)e order# or
*. i+ %)e order i& made A/ a cor% o+ &'erior Eri&dic%ion T
Ae+ore an in+erior
cor% %o Ae de&i(na%ed in %)e order
3. E@ect when the prosecutor is asent%
T)e eGamina%ion &)all 'roceed 'ro$ided %)e 'ro&ec%or 7a&
no%i!ed o+ %)e
)earin(
#. & written record of the testimon! shall e taBen
1he grounds are almost identical. 1his is deposition actually. "nly, it
is called conditional e@amination. 1hat is the term used here.
1a8e note, connect this with Section 1GfH, +ule 110 rights of the
accused. Section 1& is an e@ception to the right to confront and cross=
e@amine because you cannot insist during the trial to confront and cross=
e@amine the witness under +ule 110 Section 1GfH when he was already
e@amined under Section 1&.
F: 7s the remedy of deposition=ta8ing also available to the
prosecutionO
*: I5S, under Section 10:
S52. 10. 5@amination of witness for the prosecution.
Jhen it is satisfactorily appears that a witness for the
prosecution is too sic8 or infirm to appear at the trial as
directed by the court, of has to leave the !hilippines with no
definite date of returning, he may forthwith be conditionally
e@amined before the court where the case is pending. Such
e@amination, in the presence of the accused, or in his absence
after reasonable notice to attend the e@amination has been
served on him, shall be conducted in the same manner as an
e@amination at the trial. Eailure or refusal of the accused to
attend the e@amination at the trial. Eailure or refusal of the
accused to attend the e@amination after notice shall be
considered a waiver. 1he statement ta8en may be admitted in
behalf of or against the accused. 4a)
2onditional E*amination of Witnesses in ehalf of the
Prosecution
1. (rounds for allowing conditional e*amination%
1. Wi%ne&& i& %oo &icI or in!rm %o a''ear a% %)e %rial a&
direc%ed A/ %)e cor%# or
". T)e 7i%ne&& )a& %o lea$e %)e P)ili''ine& 7i%) no de!ni%e
da%e o+
re%rnin(
2. Who shall conduct such conditional e*amination%
T)e cor% 7)ere %)e ca&e i& 'endin(
3. 9ow conditional e*amination shall e conducted%
In %)e &ame manner a& an eGamina%ion a% %)e %rial
#. E@ect of failure or refusal of the accused to attend the
e*amination after reasonale notice has een ser0ed on
him%
1. I% &)all Ae con&idered a 7ai$er# and
". T)e &%a%emen% %aIen +rom %)e 7i%ne&& ma/ Ae admi%%ed in
Ae)al+ o+ or
a(ain&% %)e acc&ed
Distinctions
2onditional
E*amination Af
DE'E-SE Witness
&s to% 2onditional
E*amination of
Witness for the
P)ASE2C<IA-
1. A Ed(e
". A memAer o+ %)e
<ar in (ood &%andin(
*. An in+erior cor%
Who can act as
deposition o$cer%
T)e Ed(e o+ %)e
cor% 7)ere %)e ca&e
i& 'endin(.
1. Wi%ne&& i& &icI or
in!rm a& %o aBord
rea&onaAle (rond
+or Aelie$in( %)a% )e
7ill no% Ae aAle %o
a%%end %)e %rial# or
". Wi%ne&& re&ide&
more %)an 1>> Im
+rom %)e 'lace o+
%rial and )a& no
mean& %o a%%end %)e
&ame# or
(rounds% 1. Wi%ne&& i& TOO
&icI or in!rm %o
a''ear a% %)e %rial a&
direc%ed A/ %)e cor%
". Wi%ne&& )a& %o
lea$e %)e P)ili''ine&
7i%) no de!ni%e da%e
o+ re%rnin(
*. O%)er &imilar
circm&%ance& eGi&%
%)a% 7old maIe %)e
7i%ne&& na$ailaAle
or 're$en% )im +rom
a%%endin( %)e %rial
,et us try to compare Section 1' defense) and Section 10
prosecution): ,etLs go to the defense witness under Section 1':
F: -efore whom will the e@amination of the witness be ta8enO
*: 7t <5!5?<S before the judge, or if not practicable, a member of
the bar in good standing designated by the judge in the order.
?ow, you compare that with Section 10. 7n Section 10, you will
notice: :he may forthwith be conditionally e@amined before the court
where the case is pending.9 Cnli8e in Section 1' before the judge, or
if not practicable, a member of the bar in good standingW it is more
lenient noO
F: Jhat is the reason why the law is more generous to the defense
witnessO
*: *ccording to one case through >ustice Eeria, this is because the
government has the resources to get he testimony of its witnesses. !ero
ang defense may have a hard time lalo na 8apag pobre.
S52. 1#. -ail to secure appearance of material witness.
Jhen the court is satisfied, upon proof of oath, that a
material witness will not testify when reAuired, it may, upon
motion of either party, order the witness to post bail in such
sum as may be deemed proper. Cpon refusal to post bail, the
court shall commit him to prison until he complies or is
legally discharged after his testimony has been ta8en. /a)
7ail to Secure &ppearance of 4aterial Witness
1. )e?uisites for the court to order the witness to post ail
in such sum as ma! e deemed proper%
1. T)ere m&% Ae 'roo+ or a &%a%emen% nder oa%) %)a% a
ma%erial 7i%ne&&
7ill no% %e&%i+/ 7)en re;ired# and
". A mo%ion %o %)e eBec% m&% Ae !led A/ %)e 'ro'er 'ar%/
2. )emedies of the court when a witness refuses to
cooperate%
1. It ma! order the witness to post ail + when the
witness refuses to
testif! when re?uired, pro0ided%
1. T)ere i& 'roo+ or a &%a%emen% nder oa%) %o %)a%
eBec%# and
". A mo%ion m&% Ae !led A/ %)e 'ro'er 'ar%/
2. It ma! commit the witness to prison + when the
such witness refuses to post ail, until such time%
1. )e com'lie& 7i%) %)e order# or
". )e i& le(all/ di&c)ar(ed a+%er )i& %e&%imon/ )a& Aeen
%aIen
7t seems that the prosecution here is under the mercy of his witnesses.
Meaning, 8ung ayaw ng testigo, wala 8ang magawa. -ut under Section
1#, you can as8 the court to order the witness to post bail. *nd if he
refuses to post bail, he can be arrested. 1his is an instance where a
witness can be jailed ahead of the accused.
-ut actually the truth is in most cases, prosecution witnesses do not
appear not because ayaw but because ta8otV 1hey are afraid of what will
happen li8e the accused might harass them. *nd the law 8nows that.
1hat is why there is also another alternative +* /$.1, 1he Jitness
!rotection !rogram which too8 effect last *pril of 1$$1. Iou read that
so you will have an idea.
S52. 1/. 1rial of several accused. Jhen two or more
accused are jointly charged with an offense, they shall be
tried jointly unless the court, in its discretion and upon
motion of the prosecutor or any accused, orders separate trial
for one or more accused. .a)
9ow Se0eral &ccused 8ointl! 2harged shall e <ried
1. (eneral )ule
T)e/ &)all Ae %ried Eoin%l/
2. E*ception + %)e/ &)all Ae %ried &e'ara%el/ i+ %)e cor%# in i%&
di&cre%ion# order& &e'ara%e %rial& on mo%ion o+M
1. %)e 'ro&ec%or# or
". an/ o+ %)e acc&ed
1. Separate trial
Dacana! 0. People
2#6 S2)& #56
8anuar! 23, 1553
En 7anc% ,uiason, 8.
'acts%
Dacana/ 7a& c)ar(ed Ae+ore %)e Sandi(anAa/an 4S<5 7i%)
$iola%ion o+ R.A. *>1F. 0i& coCacc&ed !led a mo%ion %o ;a&) %)e
in+orma%ion and 7)en i% 7a& denied )e rai&ed %)e denial in a
cer%iorari Ae+ore %)e S'reme Cor%. Dacana/ mo$ed +or a
&e'ara%e %rial A% %)i& 7a& o''o&ed A/ %)e 'ro&ec%ion on %)e
(rond %)a% i% 7old en%ail a re'e%i%io& 'roceedin(.
Con&e;en%l/# %)e S< denied %)e mo%ion.
Issue%
I& Dacana/ en%i%led %o a &e'ara%e %rialJ
9eld%
Ye&. Sec. 18# Rle 11F o+ %)e Rle& on Criminal Procedre
(ran%& di&cre%ion %o %)e cor% %o allo7 a &e'ara%e %rial 'on
mo%ion o+ %)e !&cal or an/ acc&ed.T)e main oAEec%ion %o %)e
&e'ara%e %rial i& %)a% &c) a 'rocedre 7old en%ail a re'e%i%i$e
're&en%a%ion o+ e$idence. <% %)e re&l%in( incon$enience and
eG'en&e on %)e 'ar% o+ %)e Go$ernmen% canno% Ae (i$en
're+erence o$er %)e ri()% %o &'eed/ %rial and %)e 'ro%ec%ion %o a
'er&onP& li+e# liAer%/ or 'ro'er%/ accorded A/ %)e Con&%i%%ion. T)i&
i& 'ar%iclarl/ %re in %)e ca&e o+ Dacana/ 7)ere %)e 'ro&ec%or&P
o''o&i%ion %o %)e re;e&% +or &e'ara%e %rial 7a& Aa&ed on %)e
(rond %)a% %)e 'rinci'al acc&ed in %)e ca&e 7a& aAroad and 7a&
no% /e% arre&%ed. I+ an acc&ed canno% Ae 'laced nder arre&%
Aeca&e )e remain& o%&ide %)e %erri%orial Eri&dic%ion o+ %)e
P)ili''ine&# 7i%) more rea&on &)old )i& coCacc&ed# 7)o are
nder arre&%# Ae en%i%led %o a &e'ara%e %rial
2. <ime to fle motion
<alino 0. Sandigana!an
1#1 S2)& 351
4arch 1=, 151:
En 7anc% 2ru/, 8.
,uestion%
W)en &)old a mo%ion +or &e'ara%e %rial Ae !ledJ
&nswer%
W)ile Rle 11F# Sec. 18# o+ %)e Rle& o+ Cor% doe& no%
&'eci+/ 7)en %)e mo%ion +or &c) a %rial &)old Ae !led# i% )a&
Aeen )eld in &e$eral ca&e& %)a% %)i& &)old Ae done Ae+ore %)e
'ro&ec%ion commence& 're&en%in( i%& e$idence# al%)o()# a& an
eGce'%ion# %)e mo%ion ma/ Ae (ran%ed la%er# e$en a+%er %)e
'ro&ec%ion &)all )a$e re&%ed# 7)ere %)ere a''ear& %o Ae an
an%a(oni&m in %)e re&'ec%i$e de+ence& o+ %)e acc&ed. In &c) an
e$en%# %)e e$idence in c)ie+ o+ %)e 'ro&ec%ion &)all remain on
record a(ain&% all %)e acc&ed# 7i%) ri()% o+ reA%%al on %)e 'ar% o+
%)e !&cal in %)e &e'ara%e %rial o+ %)e o%)er acc&ed.
+emember that there can be a joint trial of two or more criminal cases if
they arose of the same incident li8e >udee fired her *6=#4 and 8illed
two or more people one after the other. -ut you cannot file one
information because that will be duplicitous. 1here must be one
information for every one homicide and then you move for a joint trial.
F: ?ow, how do you compare this rule with civil casesO
*: 7n civil cases, when there is a common Auestion of fact or law
involving two or more parties, there is such a thing as filing only one
complaint joinder of causes of action or parties. -ut in criminal cases,
that is not allowed. 2onsolidation in criminal cases is only for the
purpose of joint trial lang and you cannot have one information charging
more than one offense.
<7S2D*+%5 "E *? *22CS5< 1" -5 S1*15 J71?5SS
S52. 14. <ischarge of accused to be state witness. Jhen
two or more persons are jointly charged with the commission
of any offense, upon motion of the prosecution before resting
its case, the court may direct one or more of the accused to be
discharged with their consent so that they may be witnesses
for the state when, after reAuiring the prosecution to present
evidence and the sworn statement of each proposed state
witness at a hearing in support of the discharge, the court is
satisfied that:
a) 1here is absolute necessity for the testimony of the
accused whose discharge is reAuested3
b) 1here is no other direct evidence available for the
proper prosecution of the offense committed, e@cept the
testimony of said accused3
c) 1he testimony of said accused can be substantially
corroborated in its material points3
d) Said accused does not appear to be the most guilty3 and
e) Said accused has not at any time been convicted of any
offense involving moral turpitude.
5vidence adduced in support of the discharge shall
automatically form part of the trial. 7f the court denies the
motion for discharge of the accused as state witness, his
sworn statement shall be inadmissible in evidence. $a)
Procedure in the Discharge of an &ccused to e State
Witness
1. <wo P2Q or more persons are "ointl! charged with the
commission of an! o@ense,
2. & motion to discharge must e fled ! the prosecution
efore resting its case,
3. <here must e a hearing in support of the discharge
where%
1. T)e 'ro&ec%ion i& re;ired %o 're&en% e$idence# and
". Eac) 'ro'o&ed 7i%ne&& i& re;ired %o maIe a &7orn
&%a%emen%9
#. <he court must e satisfed that Pre?uisites for
dischargeQ%
1. T)ere i& aA&ol%e nece&&i%/ +or %)e %e&%imon/ o+ %)e
acc&ed 7)o&e
di&c)ar(e i& re;e&%ed#
". T)ere i& no o%)er direc% e$idence a$ailaAle +or %)e 'ro'er
'ro&ec%ion o+
%)e oBen&e commi%%ed# eGce'% %)e %e&%imon/ o+ &aid
acc&ed#
*. T)e %e&%imon/ o+ &aid acc&ed can Ae &A&%an%iall/
corroAora%ed in i%&
ma%erial 'oin%&#
,. Said acc&ed doe& no% a''ear %o Ae %)e mo&% (il%/# and
-. Said acc&ed )a& no% a% an/ %ime Aeen con$ic%ed o+ an/
oBen&e in$ol$in(
moral %r'i%de9
3. <he court ma! direct the discharge of the ?ualifed
accusedM and
=. <he discharge must e with the consent of the accused
so that he ma! e a witness for the state.
E@ects on &dmissiilit! of E0idence
1. When discharge is directed ! the court%
E$idence addced in &''or% o+ %)e di&c)ar(e &)all
a%oma%icall/ +orm 'ar%
o+ %)e %rial
2. When the court denies the motion for discharge of the
accused as state witness%
0i& &7orn &%a%emen% &)all Ae inadmi&&iAle in e$idence
1. <ime of discharge
a. Discharge during ail hearings
People 0. Sunga
355 S2)& =2#
4arch 2:, 2663
En 7anc% 2arpio.4orales, 8.
'acts%
Acc&ed 7ere c)ar(ed 7i%) ra'e 7i%) )omicide. T)e/ a''lied
+or Aail and in %)e cor&e o+ %)e )earin( o+ %)eir 'e%i%ion# %)e
'ro&ec%ion mo$ed %o di&c)ar(e one o+ %)eir coCacc&ed# %)e onl/
e/eC7i%ne&& %o %)e crime# a& a &%a%e 7i%ne&&.
Issue%
1a/ an acc&ed Ae di&c)ar(ed a& a &%a%e 7i%ne&& Ae+ore
%rialJ
9eld%
Ye&. T)e di&c)ar(e 7a& ordered drin( )earin(& on %)e
'e%i%ion o+ %)e acc&ed +or Aail and a+%er %)e 'ro&ec%ion )ad
're&en%ed &e$eral o+ i%& 7i%ne&&e&. A mo%ion +or di&c)ar(e ma/ Ae
!led a% an/ &%a(e o+ %)e 'roceedin(&# and di&c)ar(e can Ae
eBec%ed +rom %)e !lin( o+ %)e in+orma%ion %o %)e %ime %)e de+en&e
&%ar%& %o oBer an/ e$idence.
. Discharge efore an! other witness is presented
2hua 0. 2&
2=1 S2)& 112
&ugust 21, 155=
'irst Di0ision% 9ermosisima, 8r., 8.
Issue%
1a/ an acc&ed Ae di&c)ar(ed e$en Ae+ore %)e 'ro&ec%ion
)a& 're&en%ed an/ o+ i%& o%)er 7i%ne&&e&J
9eld%
Ye&. T)e Rle doe& no% re;ire %)e 'ro&ec%ion %o 're&en% all
i%& o%)er e$idence Ae+ore an acc&ed can Ae di&c)ar(ed. An
acc&ed ma/ Ae di&c)ar(ed a% an/ %ime Ae+ore %)e de+endan%&
)a$e en%ered 'on %)eir de+en&e# %)a% i&# a% an/ &%a(e o+ %)e
'roceedin(& +rom %)e !lin( o+ %)e in+orma%ion %o %)e %ime %)e
de+en&e &%ar%& %o oBer an/ e$idence.
2. Discharge when accused are separatel! charged
People 0. Sandigana!an
2:3 S2)& 363
8ul! 1=, 155:
En 7anc% )egalado, 8.
Issue%
W)ere %)e * acc&ed are c)ar(ed in * &e'ara%e in+orma%ion&
7)ic) aro&e o% o+ one inciden%# A% all %)e ca&e& 7ere
con&olida%ed in one cor%# ma/ one o+ %)em Ae di&c)ar(ed a&
&%a%e 7i%ne&& %o %e&%i+/ a(ain&% %)e o%)er&J
9eld%
Ye&. I% i& o+ no momen% %)a% one acc&ed 7a& c)ar(ed
&e'ara%el/ +rom )i& coCacc&ed. T)e con&olida%ed and Eoin% %rial
)a& %)e eBec% o+ maIin( %)e * acc&ed coCacc&ed or Eoin%
de+endan%&# e&'eciall/ con&iderin( %)a% %)e/ are c)ar(ed +or %)e
&ame oBen&e. In criminal la7# 'er&on& indic%ed +or %)e &ame
oBen&e and %ried %o(e%)er are called Eoin% de+endan%&.
3. Discharge of co.conspirator
2hua 0. 2&
2=1 S2)& 112
&ugust 21, 155=
'irst Di0ision% 9ermosisima, 8r. 8.
Issue%
W)ere " 'eo'le are c)ar(ed a& con&'ira%or& in a crime# ma/
one o+ %)em Ae di&c)ar(ed %o %e&%i+/ a(ain&% %)e o%)erJ
9eld%
Ye&. W)en %)ere i& a con&'irac/# and %)e crime i& commi%%ed
clande&%inel/# %)en %)e di&c)ar(e o+ a con&'ira%or i& nece&&ar/ %o
%e&%i+/ a(ain&% %)e o%)er con&'ira%or. A con&'irac/ can Ae
e&%aAli&)ed A/ %)e %e&%imon/ o+ a coCcon&'ira%or. In a con&'irac/
7)ic) 7a& done in &ecre%# %)ere i& a nece&&i%/ %o di&c)ar(e one o+
%)e acc&ed %o 'ro$ide direc% e$idence o+ %)e commi&&ion o+ %)e
crime. For 7)o el&e o%&ide %)e con&'irac/ can %e&%i+/ on 7)a%
7a& concoc%ed Ae%7een %)e con&'ira%or&# A% %)e/ %)em&el$e&J
#. Discharge of two accused
People 0. Peralta
3#3 S2)& 221
Actoer 1=, 2666
Second Di0ision% ,uisuming, 8.
,uestion%
W)a% i& %)e ra%ionale +or allo7in( %)e di&c)ar(e o+ more %)an
one acc&ed 7)ere &e$eral are c)ar(ed in one in+orma%ionJ
&nswer%
I+ no o%)er 'ro&ec%ion 7i%ne&& cold &A&%an%iall/
corroAora%e %)e %e&%imon/ o+ a di&c)ar(ed 7i%ne&&# " are
di&c)ar(ed %o mee% %)e re;iremen% o+ &A&%an%ial corroAora%ion.
Sc) corroAora%ion i& nece&&ar/ %o a&cer%ain %)e %r%)+lne&& o+
&%a%emen%& emana%in( +rom an acc&ed 7)o %rn& &%a%e 7i%ne&&
A% i& oA$io&l/ a %ain%ed &orce.
3. E0idence for discharge
People 0. 2ha0e/
35: S2)& 221
'eruar! 11, 2663
'irst Di0ision% >nares.Santiago, 8.
Issue%
A% %)e )earin( +or %)e di&c)ar(e o+ an acc&ed a& &%a%e
7i%ne&&# ma/ )e Ae allo7ed %o %e&%i+/ in addi%ion %o %)e a?da$i%
%)a% )e &Ami%%ed +or )i& di&c)ar(eJ
9eld%
Ye&. Rle 11F# Sec. 1= o+ %)e Rle& o+ Cor% doe& no% maIe
an/ di&%inc%ion a& %o %)e Iind o+ e$idence %)e 'ro&ec%ion ma/
're&en%. W)a% i% &im'l/ re;ire&# in addi%ion %o %)e 're&en%a%ion o+
%)e &7orn &%a%emen% o+ %)e acc&ed concerned# i& %)e
're&en%a%ion o+ &c) e$idence a& are nece&&ar/ %o de%ermine i+
%)e condi%ion& eGi&% +or %)e di&c)ar(e# &o a& %o mee% %)e oAEec% o+
%)e la7# 7)ic) i& %o 're$en% nnece&&ar/ or arAi%rar/ eGcl&ion
+rom %)e com'lain% o+ 'er&on& (il%/ o+ %)e crime c)ar(ed. No
eGem'%ion +rom %)e %erm evidence i& 'ro$ided A/ %)e la7 a& %o
eGclde %)e %e&%imon/ o+ %)e acc&ed. W)en %)e la7 doe& no%
di&%in(i&)# 7e &)old no% di&%in(i&).
=. )e?uirement of Jasolute necessit!O
2hua 0. 2&
2=1 S2)& 112
&ugust 21, 155=
'irst Di0ision% 9ermosisima, 8r., 8.
Issue%
1&% %)e Ed(e &a%i&+/ )im&el+ com'le%el/ o+ %)e aA&ol%e
nece&&i%/ o+ %)e %e&%imon/ o+ an acc&ed Ae+ore orderin( )i&
di&c)ar(e a& a &%a%e 7i%ne&&J
9eld%
No. Sec. 1=# Rle 11F doe& no% re;ire aA&ol%e cer%ain%/ in
de%erminin( %)e condi%ion& +or %)e di&c)ar(e. A %rial Ed(e canno%
Ae eG'ec%ed or re;ired %o in+orm )im&el+ 7i%) aA&ol%e cer%ain%/
a% %)e $er/ o%&e% o+ %)e %rial a& %o e$er/%)in( 7)ic) ma/ Ae
de$elo'ed in %)e cor&e o+ %)e %rial in re(ard %o %)e (il%/
'ar%ici'a%ion o+ %)e acc&ed in %)e commi&&ion o+ %)e crime
c)ar(ed in %)e com'lain%. I+ %)a% 7ere 'rac%icaAle or 'o&&iAle#
%)ere 7old Ae li%%le need +or %)e +ormali%/ o+ a %rial. In comin( %o
)i& concl&ion& a& %o %)e nece&&i%/ +or %)e %e&%imon/ o+ %)e
acc&ed 7)o&e di&c)ar(e i& re;e&%ed# a& %o %)e a$ailaAili%/ or
nonCa$ailaAili%/ o+ o%)er direc% or corroAora%i$e e$idence9 a& %o
7)ic) o+ %)e acc&ed i& %)e Vmo&% (il%/P one9 and %)e liIe# %)e
Ed(e m&% rel/ in lar(e 'ar% 'on %)e &((e&%ion& and %)e
in+orma%ion +rni&)ed A/ %)e 'ro&ec%in( o?cer.
:. Pre0ious con0iction of a crime
4anguat 0. Sandigana!an
133 S2)& :32
&pril 26, 1513
En 7anc% )elo0a, 8.
Issue%
1a/ an acc&ed 7)o )a& Aeen 're$io&l/ con$ic%ed o+ estafa
Ae di&c)ar(ed a& a &%a%e 7i%ne&&J
9eld%
Ye&. W)ile acc&ed &)old no% )a$e Aeen di&c)ar(ed
Aeca&e )e lacI& one ;ali!ca%ion de %o Va 're$io& !nal
con$ic%ion&P o+ crime& in$ol$in( moral %r'i%de# %)e S'reme
Cor% )a& %ime and a(ain declared %)a% e$en i+ %)e di&c)ar(ed
7i%ne&& &)old lacI &ome o+ %)e ;ali!ca%ion& enmera%ed A/
Sec. F. Rle 11F o+ %)e Rle& o+ Cor%# )i& %e&%imon/ 7ill no%# +or
%)a% rea&on alone# Ae di&carded or di&re(arded. In %)e di&c)ar(e
o+ a coCacc&ed# %)e cor% ma/ rea&onaAl/ Ae eG'ec%ed %o err9 A%
&c) error in di&c)ar(in( an acc&ed )a& Aeen )eld no% %o Ae a
re$er&iAle one. T)i& i& 'on %)e 'rinci'le %)a% &c) error o+ %)e
cor% doe& no% aBec% %)e com'e%enc/ and %)e ;ali%/ o+ %)e
%e&%imon/ o+ %)e di&c)ar(ed de+endan%. I% i& &a+e %o a&&me %)a%
%)e di&c)ar(e 7a& allo7ed A/ %)e cor% Aeca&e %)ere 7a&
aA&ol%e nece&&i%/ +or %)e %e&%imon/ o+ %)e 7i%ne&& 7)o&e
di&c)ar(e i& re;e&%ed. A% an/ ra%e# %)e di&c)ar(e o+ a coC
de+endan% i& a ma%%er %)a% lie& 7i%)in %)e &ond di&cre%ion o+ %)e
%rial cor%.
1. <estimon! of accused not discharged
People 0. 2ha0es
35: S2)& 221
'eruar! 11, 2663
'irst Di0ision% >nares.Santiago, 8.
Issue%
1a/ an acc&ed $oln%aril/ %e&%i+/ a(ain&% )i& coCacc&ed
7i%)o% !r&% Aein( di&c)ar(ed a& a &%a%e 7i%ne&&J
9eld%
Ye&. I% i& %re %)a% an acc&ed canno% Ae made a )o&%ile
7i%ne&& +or %)e 'ro&ec%ion# +or %o do &o 7old com'el )im %o Ae a
7i%ne&& a(ain&% )im&el+. 0o7e$er# )e ma/ %e&%i+/ a(ain&% a coC
de+endan% 7)ere )e )a& a(reed %o do &o# 7i%) +ll Ino7led(e o+
)i& ri()% and %)e con&e;ence& o+ )i& ac%&. T)ere i& no%)in( in %)e
rle& %)a% re;ire& %)e cor% di&c)ar(e& )im !r&% a& &%a%e 7i%ne&&.
T)ere i& a diBerence Ae%7een %e&%i+/in( a& &%a%e 7i%ne&& and
%e&%i+/in( a& a coCacc&ed. In %)e !r&%# %)e 'ro'o&ed &%a%e 7i%ne&&
)a& %o ;ali+/ a& a 7i%ne&& +or %)e &%a%e# a+%er 7)ic) )e i&
di&c)ar(ed a& an acc&ed and eGem'%ed +rom 'ro&ec%ion. In %)e
&econd# %)e 7i%ne&& remain& an acc&ed and can Ae made liaAle
&)old )e Ae +ond (il%/ o+ %)e criminal oBen&e.
5. E*clusion under ).&. =511
We 0. De Heon
2#: S2)& =32
&ugust 23, 1553
Second Di0ision% Puno, 8.
Issue%
1a/ a 'o%en%ial acc&ed Ae eGclded +rom %)e in+orma%ion %o
Ae %ili6ed a& a S%a%e 7i%ne&& 7i%)o% cor% a''ro$alJ
9eld%
Ye&. T)e 'ro&ec%ion o+ crime& a''er%ain& %o %)e eGec%i$e
de'ar%men% o+ (o$ernmen% 7)o&e 'rinci'al 'o7er and
re&'on&iAili%/ i& %o &ee %)a% or la7& are +ai%)+ll/ eGec%ed. A
nece&&ar/ com'onen% o+ %)i& 'o7er %o eGec%e or la7& i& %)e
ri()% %o 'ro&ec%e %)eir $iola%or&. T)e ri()% %o 'ro&ec%e $e&%& %)e
'ro&ec%or 7i%) a 7ide ran(e o+ di&cre%ion T %)e di&cre%ion o+
7)e%)er# 7)a% and 7)om %o c)ar(e# %)e eGerci&e o+ 7)ic)
de'end& on a &mor(a&Aord o+ +ac%or& 7)ic) are Ae&% a''recia%ed
A/ 'ro&ec%or&. I% i& %)ere+ore no% con&%i%%ionall/ im'ermi&&iAle
+or Con(re&& %o enac% R.A. 8FD1 $e&%in( in %)e De'ar%men% o+
.&%ice %)e 'o7er %o de%ermine 7)o can ;ali+/ a& a 7i%ne&& in %)e
'ro(ram and 7)o &)all Ae (ran%ed immni%/ +rom 'ro&ec%ion.
Sec. 1= o+ Rle 11F doe& no% &''or% %)e 'ro'o&i%ion %)a% %)e
'o7er %o c)oo&e 7)o &)all Ae a &%a%e 7i%ne&& i& an in)eren%
Edicial 'rero(a%i$e. Under %)i& 'ro$i&ion %)e cor% i& (i$en %)e
'o7er %o di&c)ar(e a& &%a%e 7i%ne&& onl/ Aeca&e i% )a& alread/
ac;ired Eri&dic%ion o$er %)e crime and %)e acc&ed. T)e
di&c)ar(e o+ an acc&ed i& 'ar% o+ %)e eGerci&e o+ Eri&dic%ion A%
i& no% a reco(ni%ion o+ an in)eren% Edicial +nc%ion.
S52. 1.. <ischarge of accused operates as acAuittal. 1he order
indicated in the preceding section shall amount to an acAuittal of
the discharged accused and shall be a bar to future prosecution for
the same offense, unless the accused fails or refuses to testify
against his co=accused in accordance with his sworn statement
constituting the basis for his discharge. 1(a)
E@ects when the 2ourt orders the Discharge of an &ccused
as State Witness%
1. (eneral )ule + it shall%
1. amon% %o an ac;i%%al o+ %)e di&c)ar(ed acc&ed# and
". Ae a Aar %o +%re 'ro&ec%ion +or %)e &ame oBen&e
2. E*ception + unless%
%)e acc&ed +ail& or re+&e& %o %e&%i+/ a(ain&% )i& coCacc&ed
in accordance
7i%) )i& &7orn &%a%emen% con&%i%%in( %)e Aa&i& +or )i&
di&c)ar(e
1. )etrial of discharged accused
People 0. De (u/man
32= S2)& 131
'eruar! 22, 2666
'irst Di0ision% >nares.Santiago, 8.
Issue%
W)ere an acc&ed 7a& erroneo&l/ di&c)ar(ed a& a &%a%e
7i%ne&&# ma/ )e Ae %ried a(ain +or %)e &ame oBen&eJ
&nswer%
No. T)e di&c)ar(e o+ an acc&ed i& no% re$er&iAle Aeca&e i%
7ill 'lace )im in doAle Eeo'ard/. Once )i& di&c)ar(e i& eBec%ed#
%)e le(al con&e;ence o+ ac;i%%al +ollo7& nle&& %)e acc&ed &o
di&c)ar(ed +ail& or re+&e& %o %e&%i+/ 'r&an% %o )i& commi%men%.
T)e order +or )i& di&c)ar(e ma/ onl/ Ae recalled in one in&%ance#
and %)a% i& 7)en )e &A&e;en%l/ +ail& %o %e&%i+/ a(ain&% )i& coC
acc&ed.
2. Where discharged accused has not !et testifed
7ogo.4edellin 0. 9ermosa
265 S2)& 325
4a! 2:, 1552
<hird Di0ision% 'eliciano, 8.
'acts%
T7o em'lo/ee& 7ere arrai(ned +or ;ali!ed %)e+%. T)erea+%er#
%)e 'ro&ec%ion a&Ied +or %)e di&c)ar(e o+ one o+ %)em a& a &%a%e
7i%ne&&# 7)ic) 7a& (ran%ed A/ %)e cor%. W)en a ne7 Ed(e %ooI
o$er# )e re$er&ed %)e 're$io& Ed(e and ordered %)e di&c)ar(ed
acc&ed rein&%a%ed in %)e in+orma%ion. Said di&c)ar(ed 7i%ne&&
)a& no% /e% %e&%i!ed and i% a''ear& %)a% %)e 're$io& order
di&c)ar(in( )im 7a& oA$io&l/ erroneo&.
Issue%
I& %)e rein&%a%emen% o+ acc&ed in %)e in+orma%ion 'ro'erJ
9eld%
No. Under Sec. 1D o+ Rle 11F o+ %)e Rle& o+ Cor%# once %)e
di&c)ar(e o+ an acc&ed +rom %)e in+orma%ion i& eBec%ed# %)e le(al
con&e;ence o+ ac;i%%al +ollo7& and 'er&i&%& nle&& %)e acc&ed
&o di&c)ar(ed +ail& %o re+&e& %o %e&%i+/ a(ain&% )i& coCde+endan%#
in 7)ic) ca&e %)e de+en&e o+ doAle Eeo'ard/ i& 7i%)dra7n +rom
)im and Aecome& na$ailaAle %o )im. Un%il i% i& &)o7n %)a% %)e
di&c)ar(ed acc&ed )a& in +ac% +ailed or re+&ed %o %e&%i+/ a(ain&%
)i& coCde+endan%# &A&e;en% 'roo+ &)o7in( %)a% an/ or all o+ %)e
condi%ion& li&%ed in %)e Rle& )ad no% Aeen ac%all/ +l!lled# 7old
no% aBec% %)e le(al con&e;ence o+ %)e di&c)ar(e# i.e.# 7old no%
7i'e a7a/ %)e re&l%in( ac;i%%al.
3. E@ect of erroneous discharge on testimon!
People 0. Sunga
355 S2)& =2#
4arch 2:, 2663
En 7anc% 2arpio.4orales, 8.
,uestion%
I+ %)e order o+ di&c)ar(e o+ an acc&ed a& &%a%e 7i%ne&& +ailed
%o com'l/ 7i%) Sec. 1=# Rle 11F# o+ %)e Rle& o+ Cor%# &)old %)e
%e&%imon/ o+ %)e 7i%ne&& Ae di&re(ardedJ
&nswer%
No. E$en i+ %)e di&c)ar(e +ailed %o com'l/ 7i%) all %)e
re;iremen%& emAodied in %)e Rle&# %)e %e&%imon/ 7old no%# +or
%)a% &ole rea&on# Ae di&carded or di&re(arded +or# in %)e di&c)ar(e
o+ a coCacc&ed# %)e cor% ma/ rea&onaAl/ Ae eG'ec%ed %o commi%
error 7)ic) i& no% re$er&iAle# %)e nderl/in( 'rinci'le Aein( %)a% i%
doe& no% aBec% %)e com'e%enc/ and ;ali%/ o+ %e&%imon/ o+ %)e
di&c)ar(ed acc&ed.
,etLs ta8e Section 14 and Section 1. together. <ischarge of an
accused to be state witness means that you will convert an accused to
become :Dudas,9 save his nec8 but hang them allV
Cnder Section 1., once the witness is discharged under Section 14, he
is now 2"?S7<5+5< *2FC7115< and there is no way for him to be
brought bac8 in the case 5P25!1 when he changes his mind and ayaw
na niyang mag=testify. 1hat is the only e@ception.
F: Jhat are the reAuirements before a witness can be dischargedO
*: Section 14 enumerates the reAuirements.
:S*7< *22CS5< <"5S ?"1 *!!5*+ 1" -5 1D5 M"S1
%C7,1I.9
,etLs comment on some of the reAuirements. "ne of the most
important reAuirements for the discharge of an accused is the fourth one
:Said accused does not appear to be the most guilty.9 -ased from
what 7 read from time to time, even lawyers have been commenting on
this. 7t seems they are misAuoting this eh, li8e & days ago, a lawyer said
that we must discharge the accused because he is the least guilty.
1hat is not what the law saysV Jhat the law says is, D5 <"5S ?"1
*!!5*+ 1" -5 1D5 M"S1 %C7,1I. *nd it is not the same with D5
7S 1D5 ,5*S1 %C7,1I.
5P*M!,5: MortB, !ao and >et. MortB principal3 !ao accomplice3
>et accessory. !ag=sinabi mong :the least guilty,9 hindi mo puwedeng
gamitin si !ao. Si >et dapat ang gamitin mo because he is the least guilty.
G1s8V ts8V %inamit si >et. %inamitVH !5+", pag=sinabi mong :he does
not appear to be the most guilty9, you can use !ao, although there is
somebody to be less guilty. -asta ang importante, hindi si MortB. So,
there is a difference between the two phrases.
F: Jhat do you mean by the phrase :does not appear to be the most
guiltyL9O
*: 1here are cases:
!5"!,5 vs. "27M*+
*ugust 14, 1$$&
E*21S: 1his case involved a hold=upping incident,
committed in a bus in Manila while traveling in the ?orth
5@press Jay. 1here were four #) hold=uppers who rode in the
bus. Jhen they reach a certain point, they stood up and pulled
out their guns and robbed the passengers. *nd they placed
themselves strategically: "ne of them stood behind the driver,
:o, wag 8ang 8i8ilos, drive 8a lang.9 Iung iba namang dito.
6anya=8anyang silang role eh. 1he others were the ones who
divested the passengers, :mga pita8a ninyo, reloW lahatV9
?ow, there was one passenger there who was a military man
wearing civilian clothes and may baril siya. So he wanted to
fight bac8 but one of them saw him. !ag=bunot niya, inunahan
siyaV So accused * shot that passenger. *ccused < naman saw *
shoot the victim. *nd of course all of them were charged with
+obbery with Domicide in conspiracy = the act of one is the act
of all.
1he prosecution wants to utiliBe < the one who is behind
the driver as state witness. 1he other accused objected
claiming conspiracy :we are all co=principal the act of one is
the act of all. So why do you say you are not the most guiltyO
!are=pareho lang tayo. Same penalty.9
7SSC5: Jill accused < be Aualified under the phrase :does
not appear to be the most guilty9O
D5,<: I5S. Jhen you say :he does not appear to be the
most guilty9, you do not apply the rule on conspiracy. -ut you
apply the rule on individual acts. 7n reality, who is more guiltyO
1he one who really shot the victim or the one who is just behind
the driverO 1he reality is, the most guilty is the one who shot,
although for purposes of the +!2 both of you are co=principal.
So, you loo8 at it that way. <o not apply the principle of the act=
of=the=one=is=the=act=of=all. Iou consider the most guilty in
terms of the participation.
:-y Nmost guiltyL means the highest degree of culpability in
terms of participation in the commission of the offense and not
the severity of the penalty imposed. Jhile all the accused
maybe given the same penalty but by reason of culpability one
may be least guilty if we ta8e into account his degree of
participation in the perpetuation of the offense.9
F: %enerally, when the fiscal, after criminal investigation, believes
that one of them can be a state witness, therefore he will not include his
name in the information. 7s it allowedO
*: ?", you have to include him first before he can be a state witness.
,et the court decide whether he will be a state witness or not. Iou
cannot discharge on your own. +emember under the +ules, the
prosecutor is bound to file the information against *,, those who
appear to be responsible including this guy who you want to use as state
witness. -ut when you reach the court, you file a motion to discharge
and let the court who will do it.
*nd under the ?ew +ules, there must be a D5*+7?% to determine
whether there should be discharged or not. 1hatLs why the rule said, :the
trial court must reAuire the prosecution to present evidence and the
sworn statement of each proposed state witness at a hearing in support of
the discharge.9 So, there must be an affidavit and there must be a
hearing.
7n the 1$.0 +ules, there was no need of a hearing. ?o need for the
prosecution to present evidence. ?ormally the fiscal will just file a
motion that we would li8e to use this witness and the court will
discharge. ?ow, hindi na pwede yan because in most cases in the past, a
person is discharge and it turns out that he is the most guilty. 1o avoid
that possibility, there is now need to present affidavit, etc. and there must
be a hearing. 1he court will reAuire presentation of evidence and it will
decide whether or not to discharge.
?ow, sabi ng court in the hearing for the discharge of the accused,
:1here is no need to discharge him. Motion to discharge, deniedV9 So
sabi ng accused, :6awawa na a8o nito because 7 already admitted the
crime in my affidavitV 1apos, hindi pala a8o AualifiedV GNna8 ng pating
naman oVH.9 Jhat will happen to you nowO Iou ,oo8 at the last
paragraph of Section 14:
:5vidence adduced in support of the discharge shall
automatically form part of the trial. 7f the court denies the
motion for discharge of the accused as state witness, his
sworn statement shall be inadmissible in evidence.9
So that is fair enough because the affidavit which is practically an
admission of his participation, then if he is not discharged, do not use it
against him. 7t is inadmissible as evidence against him. 1he leading case
in this issue is the 1$$' case of
!5"!,5 vs. 2* *?< 7?S!521"+ >"5 !+7?%
&&' S2+* #40
E*21S: !ring was involved in 8idnapping and one
policeman testified against him ?onilo *rile. 1here was a
motion to discharge *rile to testify against !ring. 1hen the
prosecution gave the defense the affidavit of *rile. -ased on
that, the court ordered the discharge of *rile. !ring Auestioned
the procedure. 1his is the first case where the S2 applied this
rule on hearing on the discharge of an accused. Sabi ni !ring,
:Jhere is the hearingO9 !rosecution: :Ion palang motion to
discharge na binigay namin sa inyoO9 !ring: :*h, hindi naman
hearing yunV Dearing means, ilagay mo si *rile sa witness stand
subject to cross=e@amination because even under Section 14,
evidence adduced to support the discharge shall automatically
form part of the trial. Meaning, the state witness will not testify
again. So what is contemplated here is personal testimony and
not the affidavit.9
7SSC5: 7s the argument of !ring correctO
D5,<: ?". Dearing means, you have the opportunity to read
what he will say and the opportunity to object. Ian ang ibig
sabihin ng hearing. Dindi 8ailangan na he will be Auestioned
personally in court. 1hat satisfies the reAuirement of hearing.
:Dence, in resolving the issue in this petition, the proper
Auestion we should address is: Jas there a failure to observe the
spirit and intent of Section 14, +ule 11$ in the case at barO Je
rule in the ?5%*17;5. 1he prosecution has submitted the
sworn statement of accused ?onilo *rile and its evidence
showing that the conditions for discharge have been met.
?either can it be denied that the defense was able to oppose the
motion to discharge ?onilo *rile. Jith both litigants able to
present their side, the lac8 of actual hearing was not fatal
enough to undermine the courtXs ability to determine whether the
conditions prescribed under Section 14, +ule 11$ were
satisfied.9
So there is already substantial compliance with the hearing. *nd that
was the first case interpreting this new provision after the 1$.0 +ules.
-ut for the merits, later na=acAuit man si !ring ba which is a different
issue. Iung dito, discharge lang ang issue eh. "n the merits, he was
acAuitted. -ut after one year from his acAuittal, pinatay naman siya ng
*--. Sabi nila *--), 8ung na8aligtas 8a sa court, sa amin hindi 8a
ma8aligtas. 1hatLs what happened there.
F: ?ormally, when is an accused dischargedO
*: De is discharged before he testifies. Iou will use him. 1hatLs why
he is going to be discharged. Dowever, in the 1$$& case of
+"S*,5S vs. 2"C+1 "E *!!5*,S
&10 S2+* 1(&
E*21S: 1he prosecution wants to use an accused as a
witness and he was willing. Sabi ng prosecution, :Je will file a
motion to discharge you to be state witness.9 1he accused said,
:DwagV DwagV.. if you will do that patay a8oV !atayin talaga
nila a8o. 1hey will not allow me to testify.9 -ut still the
prosecution used him. De too8 a stand and he pointed to all his
companions. So he testified first bago nag=file ng motion to
discharge ang prosecution.
7SSC5: 7s that correctO 2an the testimony come ahead before
the dischargeO
D5,<: I5S because of the peculiar fact his life is in
danger eh. *nyway according to the law, should the discharge
be made, is should be made by the prosecution before resting
its case Section 14). 7n the case at bar, at that moment, the
prosecution has not rested its case. So puwede.
:Jhile it is the usual practice of the prosecution to present
the accused who turns state witness only after his discharge, the
trial court may nevertheless sanction his discharge after his
testimony if circumstances so warrant. 7n the case before Cs, the
imminent ris8 to his life justified the deviation from the normal
course of procedure as a measure to protect him while at the
same time ensuring his undaunted cooperation with the
prosecution. 7ndeed, as is e@plicit from the +ule, as long as the
motion for discharge of an accused to be utiliBed as a state
witness is filed before the prosecution rests, the trial court
should, if warranted, grant it.9
F: Jhat happens if an accused who is the most guilty is erroneously
discharged ang mga naiwan, yung mga pipitsuginO 7s the erroneous
discharge validO 7s he deemed acAuittedO
*: 1he S2 said I5S. 5ven if there is a mista8e, he is now acAuitted
once he is discharged. Dis testimony is admissible. 7n the case of
-"%"=M5<5,,7? 2". vs. >C<%5 !5<+" S"?
&($ S2+* '&$ May &4, 1$$&)
D5,<: :*ny witting or unwitting error of the prosecution in
as8ing for the discharge of an accused and of the trial court in
granting the petition for discharge, so long as no Auestion of
jurisdiction is involved, would not deprive the discharged
accused of the acAuittal that is specified in Section 1( of +ule
11$ and of the constitutional guarantee against double jeopardy.
7t is also relevant to note that the improper or mista8en
discharge of an accused would not affect his competency as a
witness or render inadmissible his testimony.9
F: ,etLs go bac8 to 5vidence. De is the most guilty. Dis discharge
was wrong. 7s his testimony admissibleO
*: I5S, because he can perceive and perceiving and he can ma8e
8nown his perception to others. 1hat is the only Aualification. 1here is
no violation of marital disAualification or attorney=client confidentiality,
etc. Jala manV So you go bac8 to 5vidence. 1he testimony of the
witness is Aualified although it might be polluted and he did it to save
his game that is not enough to ma8e his testimony inadmissible.
F: "ne thing more, who can discharge the witnessO
*: 1he court where the very case is pending. 1hatLs the rule the
court where the case is pending.
-*+ FC5S17"?: Jhat happens when an accused is discharged, and
after he is discharged, sabi ng prosecution, :1e8a muna nag8amali a8o,
di pala 8ita 8ailangan. -ali8 8aV9 2an it be doneO
*: Sabi ng S2, ?", acAuitted na yanV 1he only reason for him to
come bac8 is, he is as8ed to testify pero ayaw niya. !rosecution: :-ut 7
donLt need him.9 S2: that is your fault because first, why did you as8 for
his dischargeO So once he is discharged, he is deemed acAuitted whether
you use him or do not use him. 1he only way for him to come bac8 is,
you want to use him but he does not want to testify because he is double=
crossing the %overnment.
,ets go further. 1here is another law, about this witness. Iou try to
compare this principle with the provision of +* /$.1 1he Jitness
!rotection *ct. Cnder +* /$.1, the fiscal would not even include you in
the charge anymore, for as long as the <"> will say that he is Aualified,
he is covered by the Jitness !rotection !rogram. Cnder the law, the
fiscal should not include him anymore.
Cnli8e in criminal procedure 8ailangan isali 8a muna bago 8a i=
discharge. Sa +* /$.1 naman, hindi 8a na 8asali. 1hat is why the
constitutionality of the law was challenged in the case of
J5-- vs. <5 ,5"?
*ugust &', 1$$0
E*21S: State witness *lfaro admitted that she was with
them. She admitted 8asama siyang nagpunta sa bahay ng mga
;iBconde. *nd then she was placed in the Jitness !rotection
!rogram and was used against Dubert Jebb. *nd according to
Jebb, the provision of the Jitness !rotection *ct which
authoriBes the <"> to place somebody in the Jitness !rotection
!rogram, and once he certifies that she is covered, the fiscal is
no longer allowed to file a case against her state witness) is
violative of the judicial prerogative to discharge a witness
because you jumping the gun on the court.
*ccording to Jebb, it should be the court that will discharge
and not the <">. 1he law is not valid because it is an
encroachment of a judicial prerogative. 7t is an intrusion for it is
only the court which has the power under the rules on criminal
procedure to discharge an accused as state witness.
7SSC5 Q1: 7s JebbLs argument validO
D5,<: :JebbLs argument lac8s appeal for it lies on the
faulty assumption that the decision whom to prosecute is a
judicial function, the sole prerogative of courts and beyond
e@ecutive and legislative interference. 7n truth, the prosecution
of crimes appertains to the e@ecutive department of government
whose principal power and responsibility is to see that our laws
are faithfully e@ecuted. * necessary component of this power to
e@ecute our laws is the right to prosecute their violators. 1he
right to prosecute vests the prosecutor with a wide range of
discretion S the discretion of whether, what and whom to
charge, the e@ercise of which depends on a smorgasbord of
factors which are best appreciated by prosecutors. Je thus hold
that it is not constitutionally impermissible for 2ongress to
enact +.*. ?o. /$.1 vesting in the <epartment of >ustice the
power to determine who can Aualify as a witness in the program
and who shall be granted immunity from prosecution.9
7SSC5 Q&: Dow do you reconcile this ruling with the rule
that only the court has the power to dischargeO
D5,<: SimpleV 7n the Jitness !rotection !rogram, the
accused is ?"1 even accused in any case yet. Jala paV -ut
once he is accused, you need the consent of the court to
discharge, that is 8apag 8asali naV !ero 8ung hindi pa 8asali,
there is no need for the courtLs consent to decide because that is
an e@ecutive function.
7SSC5 Q': *nd why is the courtLs consent necessary once the
accused is charged in courtO
D5,<: 1his is because the court has already acAuired
jurisdiction over the person of the accused. So the S2 said,
:Section 14 of +ule 11$ does not support the proposition that
the power to choose who shall be a state witness is an inherent
judicial prerogative. Cnder this provision the court is given the
power to discharge as state witness only because it has already
acAuired jurisdiction over the crime and the accused. 1he
discharge of an accused is part of the e@ercise of jurisdiction but
is not a recognition of an inherent judicial function.9
7SSC5 Q#: 7s it wise for 2ongress to enact this lawO Jhy
will 2ongress enact this 8ind of law that will determine that the
witness will not be included in the informationO
D5,<: I5S. 7t is a wise legislation. :Moreover, the +ules of
2ourt have never been interpreted to be beyond change by
legislation designed to improve the administration of our justice
system. 1he Jitness !rotection *ct is one of the much sought
penal reform laws to help government in its uphill fight against
crime, one certain cause of which is the reticence of witnesses to
testify.9
S52. 1$. Jhen mista8e has been made in charging the
proper offense. Jhen it becomes manifest at any time
before judgment that a mista8e has been made in charging the
proper offense and the accused cannot be convicted of the
offense charged or any other offense necessarily included
therein, the accused shall not be discharged if there appears
good cause to detain him. 7n such case, the court shall
commit the accused to answer for the proper offense and
dismiss the original case upon the filing of the proper
information. 11a)
When 4istaBe has een made in 2harging the Proper
A@ense
1. Situation%
1. A mi&%aIe )a& Aeen made in c)ar(in( %)e 'ro'er oBen&e9
". T)i& Aecome& mani+e&% a% an/ %ime Ae+ore Ed(men% 9 and
*. <eca&e o+ %)i& mi&%aIe# %)e acc&ed canno% Ae con$ic%ed
o+M
1. %)e oBen&e c)ar(ed# or
". an/ o%)er oBen&e nece&&aril/ inclded %)erein9 A%
,. T)ere a''ear& (ood ca&e %o de%ain %)e acc&ed
2. E@ects%
1. T)e acc&ed &)all NOT Ae di&c)ar(ed9 ra%)er
". T)e cor% &)allM
1. commi% %)e acc&ed %o an&7er +or %)e 'ro'er oBen&e
4order %)e
'ro&ec%ion %o !le %)e 'ro'er in+orma%ion5# and
". di&mi&& %)e ori(inal ca&e 'on %)e !lin( o+ %)e 'ro'er
in+orma%ion
1. Distinguished from )ule 116, Sec. 1#
(al0e/ 0. 2&
23: S2)& =13
Actoer 2#, 155#
Second Di0ision% )egalado, 8.
,uestion%
0o7 i& amendmen% o+ an in+orma%ion nder Sec. 1,# Rle
11> di&%in(i&)ed +rom di&mi&&al 7)en a mi&%aIe )a& Aeen made
in c)ar(in( %)e 'ro'er oBen&e and %)e &A&e;en% !lin( o+ %)e
'ro'er in+orma%ion nder Rle 11F# Sec. 1F o+ %)e Re$i&ed Rle&
o+ Cor%J
&nswer%
T)e +ollo7in( are %)e di&%inc%ion&M
Rle 11F i& %)e rle &'eci!call/ (o$ernin( %)e %rial &%a(e
7)ere e$idence i& nece&&aril/ Aein( 're&en%ed# )ence %)e %rial
cor% i& no7 in a Ae%%er 'o&i%ion %o conclde %)a% mani+e&%l/ %)e
acc&ed canno% Ae con$ic%ed o+ %)e oBen&e c)ar(ed o+ one %)a% i%
nece&&aril/ inclde&. I% 7old 'rimaril/ Ae %)e +nc%ion o+ %)e
cor% %o mo% 'ro'rio order %)e di&mi&&al o+ %)e ca&e and direc%
%)e !lin( o+ %)e a''ro'ria%e in+orma%ion. T)e 'ro&ec%ion or %)e
de+en&e ma/ ini%ia%e &c) di&mi&&al and &A&%i%%ion a% %)i& &%a(e#
al%)o()# +rom a reali&%ic 'oin% o+ $ie7# %)a% 7old Ae rare
&i%a%ion. Rle 11F Sec. 1F %)ere+ore# i& more direc%l/ and
'rinci'all/ direc%ed %o %)e %rial cor% %o in$e&% i% 7i%) %)e re;i&i%e
a%)ori%/ %o direc% A/ i%&el+ %)e di&mi&&al and re!lin( o+ %)e
in+orma%ion& %)erein con%em'la%ed.
Rle 11> 'ro$ide& %)e 'rocedral (o$ernance +or %)e
'ro&ec%ion o+ oBen&e&. Sec. 1,4"5 'ro$ide& %)e 'rocedre and
re;i&i%e& +or %)e &A&%i%%ion o+ a de+ec%i$e in+orma%ion A/ %)e
correc% one. Al%)o()# E&% liIe Sec. 11 o+ Rle 11F %)e 'ermi&&iAle
&%a(e +or eBec%in( %)a% &A&%i%%ion i& Ka% an/ %ime Ae+ore
Ed(men%#L nliIe %)e la%%er &i%a%ion i% i& &?cien% %)a% Ki%
a''ear& %)a% a mi&%aIe )a& Aeen made in c)ar(in( %)e 'ro'er
oBen&e.L T)e &i%a%ion nder Sec. 1, con%em'la%e& a lon(er %ime
&'an# incl&i$e o+ %)e 'eriod +rom %)e !lin( o+ %)e in+orma%ion '
%o and Ae+ore %rial. Since no e$idence )a& Aeen 're&en%ed a% %)a%
&%a(e# %)e error 7old a''ear or Ae di&co$eraAle +rom a re$ie7 o+
%)e record& o+ %)e 'reliminar/ in$e&%i(a%ion. T)i& +ac% ma/ Ae
'ercei$ed A/ %)e %rial Ed(e )im&el+ A% reali&%icall/# i% 7ill Ae %)e
'ro&ec%or 7)o can ini%iall/ de%ermine %)e &ame. T)a% i& 7)/ &c)
error need no% Ae mani+e&% or e$iden%# nor i& i% re;ired %)a% &c)
nance& a& oBen&e& incldiAle in %)e oBen&e c)ar(ed Ae %aIen
in%o accon%. I% nece&&aril/ +ollo7&# %)ere+ore# %)a% %)e 'ro&ec%or
can and &)old in&%i%%e remedial mea&re& +or %)e di&mi&&al o+
%)e ori(inal in+orma%ion and %)e re!lin( o+ %)e correc% one#
o%)er7i&e )e 7old Ae recrean% %o )i& d%ie&.
2. 4istaBe in stating the date of commission
People 0. 4olero
1## S2)& 35:
Septemer 2#, 151=
Second Di0ision% (utierre/, 8.
'acts%
T)e com'lain% c)ar(ed acc&ed o+ ra'in( )i& da()%er on
FeA. 1*# 1F=8. W)en )i& da()%er %e&%i!ed %)a% %)e ra'e occrred
on FeA. -# 1F=8# %)e cor% di&mi&&ed %)e ca&e and ordered %)e
Pro&ec%or %o !le %)e 'ro'er in+orma%ion +or %)e ra'e commi%%ed
on FeA. -# 1F=8.
Issue%
I& %)e 'rocedre 'ro'erJ
9eld%
No. T)e cor% &)old )a$e &im'l/ (ran%ed %)e 'ro&ec%ionP&
mo%ion +or lea$e %o amend %)e com'lain% a& %o %)e da%e o+ %)e
commi&&ion o+ %)e crime. T)ere 7a& no need %o di&mi&& %)e ca&e
7i%)o% 'reEdice %o %)e !lin( o+ a ne7 com'lain%. Sec. 1F# Rle
11F# Rle& o+ Cor% a''lie& 7)en %)ere i& a mi&%aIe in c)ar(in(
%)e 'ro'er oBen&e A% no% 7)en an )one&% error o+ a +e7 da/& i&
&o()% %o Ae correc%ed and %)e c)an(e doe& no% aBec% %)e ri()%&
o+ %)e acc&ed.
Iou co=relate Section 1$ with the last paragraph of Section 1#, +ule
11(:
7f it appears at anytime before judgment that a mista8e has
been made in charging the proper offense, the court shall
dismiss the original complaint or information upon the filing
of a new one charging the proper offense in accordance with
section 1$, +ule 11$, provided the accused shall not be
placed in double jeopardy. 1he court may reAuire the
witnesses to give bail for their appearance at the trial.
So the same NnoO 1he accused shall be discharge because of a wrong
information upon filing of the correct one. So Section 1# of +ule 11(
and Section 1$ of +ule 11$ tal8 of the same thing.
FC5S17"?: how will you distinguish the two provisionsO 6ung
tingnan mo mu8ang pareho eh. -ut for academic purposes, there are
differences made by >ustice +egalado in the 1$$# case of %*,;5M ;S.
2* &'4 S2+* /.0) *lam mo itong si +egalado, siya din ang nag=
distinguish ng amendment and substitution of information under +ule
11( which was as8ed in the bar and thoroughly discussed in the case of
155D*?655 ;S. M*<*I*%. 7n the case of %alveB naman, gi=
distinguish naman niya ang Section 1# +ule 11( and Section 1$ +ule
11$.
F: <istinguish Section 1# of +ule 11( and Section 1$ of +ule 11$.
*: Eor academic purposes, the following are the distinctions:
1. +ule 11$ is the rule specifically governing the trial stage3
whereas
+ule 11( provides the procedural governance for the
prosecution of offenses3
&. +ule 11$ is more directly and principally directed to the trial
court to invest it with the reAuisite authority to direct by itself
the dismissal and re=filing of the informations therein
contemplated3 whereas
+ule 11( is directed to the prosecutor who can and should
institute remedial measures for the dismissal of the original
information and the re=filing of the correct one, otherwise he
would be recreant to his duties3
'. 7n +ule 11$, evidence is necessarily being presented, hence the
trial court is now in a better position to conclude that
manifestly the accused cannot be convicted of the offense
charged or of one that it necessarily includes3 whereas
7n +ule 11(, since no evidence has been presented at that stage,
the error would appear or be discoverable from a review of
the records of the preliminary investigation3 and
#. 7n +ule 11$, the permissible stage for effecting that substitution
is :at any time before judgment93 whereas
7n +ule 11(, it is sufficient that :it appearsWthat a mista8e has
been made in charging the proper offenseW9 which situation
contemplates a longer time span, inclusive of the period from
the filing of the information up to and before trial.
S52. &(. *ppointment of acting prosecutor. Jhen a prosecutor,
his assistant or deputy is disAualified to act due to any of the
grounds stated in section 1 of +ule 1'4 or for any other reason, the
judge or the prosecutor shall communicate with the Secretary of
>ustice in order that the latter may appoint an acting prosecutor.
1&a)
&ppointment of &cting ProsecutorM Procedure
1. A 'ro&ec%or# )i& a&&i&%an% or de'%/ i& di&;ali!ed %o ac% de
%oM
1. An/ o+ %)e (rond& &%a%ed in &ec%ion 1 o+ Rle 1*=# or
". An/ o%)er rea&on#
". T)e Ed(e or %)e 'ro&ec%or &)all commnica%e 7i%) %)e
Secre%ar/ o+ .&%ice9 and
*. T)e Secre%ar/ o+ .&%ice ma/ a''oin% an ac%in( 'ro&ec%or
S52. &1. 5@clusion of the public. 1he judge may, motu
proprio, e@clude the public from the courtroom if the
evidence to be produced during the trial is offensive to
decency or public morals. De may also, on motion of the
accused, e@clude the public from the trial e@cept court
personnel and the counsel of the parties. 1'a)
Section &1 is an e@ception to the rule found in +ule 110 about the
right of the accused to a public trial. 1here are some e@ceptions to that
right. *nd under Section &1:
E*clusion of the Pulic
1. When the "udge ma! e*clude the pulic from the
courtroom%
1. $otu propio R i+ %)e e$idence %o Ae 'rodced drin( %)e
%rial i& oBen&i$e %o decenc/ or 'Alic moral&# or
". On mo%ion o+ %)e acc&ed
2. Who cannot e e*cluded from the trial%
1. Cor% 'er&onnel# and
". Con&el o+ %)e 'ar%ie&
1. the court may, moto propio, e@clude the public from the courtroom
if the evidence to be produced during the trial is offensive to
decency or public morals. ?ormally this applies in trial for the
crime of rape or in crimes against chastity, where the nature of the
evidence is such that the public may want to go there because they
only want to listen to these sadiscious details of the testimony. 1he
public can be e@cluded. "nly the lawyers, the parties are allowed
inside. IaanV
&. on motion of the accused, the court may e@clude the public. 1hat
is his right to public trial. 6ung ayaw niya, e di o8ey langV
*side from the two e@ceptions, the other grounds where the public
can be e@cluded, based on *merican >urisprudence are:
1. 1o prevent disorder3
&. 1o prevent embarrassment to a witness3
'. 1o limit attendance to seating capacity.
1his is the very issue now. 7Lve been reading current newspaper
reports that everybody is anticipating that the case against 5rap will be
filed in the Sandiganbayan. 1he <"> wants everything to be televised
all over again. 1hey are filing a petition before the Supreme 2ourt.
1here is a standing order of the Supreme 2ourt prohibiting it. 7t should
not be televised because of what happened in the *Auino libel case
G*Auino vs. -eltranH. -ecause of that, ayaw na ng S2 na i=televised. 7t
becomes a sarswela show baV rather than an a public trial.
?ow, they want to justify it on the ground that this involves public
interest so the S2 should rela@ the rules. 7 cannot anticipate how the S2
will resolve the matter because everybody has gotten used to the
impeachment trial so everybody wants to hear what is happening,
especially if the person involved is 5rap. Such a standing memorandum
was not applied to the impeachment trial because it was not a judicial
trial but a political trial. 7t is the Senate which controls the rules, not the
courts. 1his is the difference. -ut this case is before the Sandiganbayan
which is a different story.
-ecause definitely many people would li8e to go there but how do
you get a seat them all in the SandiganbayanO Iou will have to e@clude
hundreds, if not thousands and allow only the entry of a few. -ut if it is
televised, then everybody can watch again.
S52. &&. 2onsolidation of trials of related offenses.
2harges for offenses founded on the same facts or forming
part of a series of offenses of similar character may be tried
jointly at the discretion of the court. 1#a)
Distinctions
2onsolidated
under )ule 111
2onsolidation
under )ule 115
A con&olida%ion i&
made Ae%7een a
criminal ca&e and
%)e ci$il ca&e ari&in(
o% o+ %)e oBen&e
c)ar(ed
1 A con&olida%ion i&
made Ae%7een " or
more criminal ca&e&
T)e ci$il ca&e 7a&
ori(inall/ !led
&e'ara%el/ +rom %)e
criminal ca&e
2 T)e ca&e& %o Ae
con&olida%ed are
+onded on %)e
&ame +ac%& or
+ormin( a 'ar% o+ a
&erie& o+ oBen&e& o+
&imilar c)arac%er
1. 2onsolidation when cases are fled separatel!
People 0. 4e"ia
2:3 S2)& 12:
8ul! :, 155:
En 7anc% Da0ide, 8r., 8.
'acts%
Acc&ed &%aAAed %)e dri$er o+ a Eee' %o dea%)# 7onded a
'a&&en(er and dro$e %)e $e)icle a7a/. T)e/ 7ere c)ar(ed 7i%)
and con$ic%ed o+ mrder and +r&%ra%ed mrder in one RTC# and
c)ar(ed 7i%) and con$ic%ed %)e crime o+ carna''in( in ano%)er
RTC Aranc).
Issue%
S)old %)e * ca&e& )a$e Aeen con&olida%edJ
9eld%
Ye&. T)e oBen&e& aro&e o% o+ %)e &ame inciden%# are
+onded on %)e &ame +ac%al milie# and 7old Ae 'ro$ed A/
%e&%imonie& o+ %)e &ame 7i%ne&&e&. Sec. "" o+ Rle 11F o+ %)e
Rle& o+ Cor% 'ro$ide& %)a% c)ar(e& +or oBen&e& +onded on %)e
&ame +ac%& or +ormin( 'ar% o+ a &erie& o+ oBen&e& o+ &imilar
c)arac%er ma/ Ae %ried Eoin%l/ a% %)e cor%P& di&cre%ion. Al%)o()
con&olida%ion i& one addre&&ed %o %)e &ond di&cre%ion o+ %)e %rial
cor%# Eoin% )earin( Aecome& a ma%%er o+ d%/ i+ " or more ca&e&
are %ried Ae+ore %)e &ame Ed(e# or e$en !led 7i%) %)e diBeren%
Aranc)e& o+ %)e &ame cor%# 'ro$ided one o+ &c) ca&e& )a& no%
Aeen 'ar%iall/ %ried.
<o not confuse this consolidation here in +ule 11$ with the
consolidation in +ule 111.
7n +ule 111, you are consolidating the criminal case and the civil case
the civil case which is brought separately will be consolidated with the
criminal case. Dere in +ule 11$, you are consolidating two or more
criminal cases which are identical, founded on the same facts or forming
part of the same series of offense of similar character. 1his is similar to
consolidation in +ule '1 on civil cases.
-ut in civil cases, we can allow related cases to be filed together eh
joinder of parties, which is not allowed in criminal cases. 1he only
practice allowed in criminal cases is consolidation. -ut there could be
no such thing as joinder of accused in one information.
,etLs go to Section &' on <emurrer one of the most important
provisions in +ule 11$.
S52. &'. <emurrer to evidence. *fter the prosecution
rests its case, the court may dismiss the action on the ground
of insufficiency of evidence 1) on its own initiative after
giving the prosecution the opportunity to be heard or &)
upon demurrer to evidence filed by the accused with or
without leave of court.
7f the court denies the demurrer to evidence filed with
leave of court, the accused may adduce evidence in his
defense. Jhen the demurrer to evidence is filed without
leave of court, the accused waives the right to present
evidence and submits the case for judgment on the basis of
the evidence for the prosecution. 10a)
1he motion for leave of court to file demurrer to evidence
shall specifically state its grounds and shall be filed within a
non=e@tendible period of five 0) days after the prosecution
rests its case. 1he prosecution may oppose the motion within
a non=e@tendible period of five 0) days from its receipt.
7f leave of court is granted, the accused shall file the
demurrer to evidence within a non=e@tendible period of ten
1() days from notice. 1he prosecution may oppose the
demurrer to evidence within a similar period from its receipt.
1he order denying the motion for leave of court to file
demurrer to evidence or the demurrer itself shall not be
reviewable by appeal or by certiorari before judgment. n)
<emurrer is a motion to dismiss. *fter the prosecution has rested its
case, based on the order of trial, the accused now presents his case. -ut
sabi ng accused, :Jell, 7 will present evidence on the assumption that
the prosecution has proven prima facie the crime and my guilt. Gmeaning
the presumption of innocence has already been disputively rebutted
baVH.9 -ut suppose the prosecution has not proven the facts or not proven
the crime or my guilt, :why will 7 present evidenceO Jhy will 7 prove
my innocence when 7Lm still presumed innocentO9 IaanV Ian ang
demurrer. 1he same thing in civil cases why will you prove your
defense when the plaintiff failed to prove his cause of actionO So instead
of presenting evidence, he will file a demurrer. *ctually itLs a motion to
dismiss.
Demurrer to E0idence
1. When the court ma! dismiss the criminal action on the
ground of insu$cienc! of e0idence%
A+%er %)e 'ro&ec%ion re&%&
2. 7asis of the court to dismiss the case on the ground of
insu$cienc! of e0idence%
1. On i%& o7n ini%ia%i$e T a+%er (i$in( %)e 'ro&ec%ion %)e
o''or%ni%/ %o Ae
)eard# or
". U'on demrrer %o e$idence T !led A/ %)e acc&ed
3. <wo P2Q wa!s of fling a demurrer to e0idence%
1. Wi%) lea$e o+ cor%
". Wi%)o% lea$e o+ cor%
Demurrer to E0idence WI<9 Hea0e of 2ourtM Procedure
1. 4otion for lea0e of court to fle a demurrer%
1. S)all Ae !led A/ %)e acc&ed 7i%)in a nonCeG%endiAle
'eiod o+ - da/&
a+%er %)e 'ro&ec%ion re&%& i%& ca&e#
". S)all &'eci!call/ &%a%e %)e (rond& %)ere+or# and
*. 1a/ Ae o''o&ed A/ %)e 'ro&ec%ion 7i%)in a nonC
eG%endiAle 'eriod o+ -
da/& +rom i%& recei'%
2. )esolution of the court on the motion for lea0e of court%
1. I+ %)e cor% DENIES %)e mo%ion T i% &)all no% Ae re$ie7aAle
A/ a''eal or
A/ cer%iorari Ae+ore Ed(men%
". I+ %)e cor% GRANTS %)e mo%ionM
1. %)e acc&ed i& (i$en a nonCeG%endiAle 'eriod o+ 1>
da/& +rom
no%ice %o !le %)e demrrer %o e$idence# and
". %)e 'ro&ec%ion i& (i$en a nonCeG%endiAle 'eriod o+
1> da/& +rom
recei'% o+ %)e demrrer %o o''o&e %)e demrrer
3. )esolution of the court on the demurrer itself%
1. I+ %)e cor% DENIES %)e demrrer T %)e acc&ed ma/
're&en% e$idence %o
'ro$e )i& de+en&e
". I+ %)e cor% GRANTS %)e demrrer T %)e ca&e i& di&mi&&ed
and %)e
acc&ed i& a& (ood a& ac;i%%ed
Demurrer to E0idence WI<9AC< Hea0e of 2ourtM Procedure
1. & demurrer to e0idence is directl! fled ! the accused
with the court
2. )esolution of the court on the demurrer%
1. I+ %)e cor% DENIES %)e demrrerM
1. T)e acc&ed i& deemed %o )a$e 7ai$ed )i& ri()% %o
're&en%
e$idence#
". T)e cor% 7ill render Ed(men% Aa&ed on %)e
e$idence 're&en%ed
A/ %)e 'ro&ec%ion# and
*. T)i& order &)all no% Ae re$ie7aAle A/ a''eal or A/
cer%iorari Ae+ore
Ed(men%
". I+ %)e cor% GRANTS %)e demrrer T %)e ca&e i& di&mi&&ed
and %)e
acc&ed i& a& (ood a& ac;i%%ed
1. 4eaning of demurrer to e0idence
;atigaB 0. Sandigana!an
#63 S2)& 331
8ul! 16, 2663
<hird Di0ision% 2orona, 8.
,uestion%
W)a% i& a demrrer %o e$idenceJ
&nswer%
A demrrer %o e$idence i& an oAEec%ion A/ one o+ %)e 'ar%ie&
in an ac%ion %o %)e eBec% %)a% %)e e$idence )i& ad$er&ar/
'rodced i& in&?cien% in 'oin% o+ la7# 7)e%)er %re or no%# %o
maIe o% a ca&e or &&%ain %)e i&&e. T)e 'ar%/ demrrin(
c)allen(e& %)e &?cienc/ o+ %)e 7)ole e$idence %o &&%ain a
$erdic%. For i%& 'ar%# %)e cor%# in 'a&&in( 'on %)e &?cienc/ o+
%)e e$idence rai&ed in a demrrer# i& merel/ re;ired %o a&cer%ain
7)e%)er %)ere i& com'e%en% or &?cien% e$idence %o &&%ain %)e
indic%men% or %o &''or% a $erdic% o+ (il%.
2. Demurrer with lea0e
People 0. &lcan/ado
#21 S2)& =11
4a! 26, 266#
Second Di0ision% &ustria.4artine/, 8.
'acts%
Acc&ed 7a& c)ar(ed 7i%) mrder. A+%er %)e 'ro&ec%ion
re&%ed i%& ca&e# )e !led a mo%ion +or lea$e %o !le demrrer %o
e$idence 7)ic) 7a& (ran%ed. T)erea+%er# )e !led )i& Demrrer %o
E$idence 7)ic) 7a& o''o&ed A/ %)e 'ro&ec%ion. Fi$e mon%)&
la%er# %)e RTC rendered a deci&ion con$ic%in( )im o+ %)e crime.
Issue%
I& %)e cor% correc% in decidin( %)e ca&e 7i%)o% (i$in(
acc&ed an o''or%ni%/ %o 're&en% e$idenceJ
9eld%
No. T)e RTC commi%%ed a $er/ &erio& error in 'roml(a%in(
a deci&ion a+%er den/in( %)e demrrer %o e$idence !led A/
acc&ed 'on 'rior lea$e o+ cor%# 7i%)o% !r&% (i$in( )im %)e
o''or%ni%/ %o 're&en% )i& e$idence. Under Sec. "*# Rle 11F o+
%)e Rle& o+ Cor%# i+ %)e cor% denie& %)e demrrer %o e$idence
!led 7i%) lea$e o+ cor%# %)e acc&ed ma/ addce e$idence in )i&
de+en&e. E$iden%l/# %)e RTC $iola%ed %)e 'ro$i&ion. A remand o+
%)e ca&e +or rece'%ion o+ de+en&e e$idence i& %)ere+ore 7arran%ed.
3. Denial of motion for lea0e
Hadiana 0. People
353 S2)& #15
Decemer #, 2662
<hird Di0ision% Panganian, 8.
,uestion%
1a/ %)e cor% den/ a 1o%ion +or Lea$e %o File Demrrer %o
E$idenceJ
&nswer%
Ye&. Prior lea$e %o !le a demrrer %o e$idence i& di&cre%ionar/
'on %)e %rial cor%. And# nle&& %)ere i& (ra$e aA&e amon%in(
%o lacI or eGce&& o+ Eri&dic%ion in i%& denial# %)e %rial cor%P&
re&ol%ion ma/ no% Ae di&%rAed.
#. Demurrer without lea0e
People 0. Sa!aoc
#15 S2)& =35
8anuar! 13, 266#
En 7anc% Da0ide, 8r., 28.
'acts%
A+%er %)e 'ro&ec%ion re&%ed i%& ca&e# acc&ed a&Ied +or 1-
da/& %o !le a mo%ion +or lea$e %o admi% demrrer %o %)e e$idence.
T)e %rial cor% acceded. <% in&%ead o+ !lin( &c) mo%ion !r&%# )e
!led a Demrrer %o E$idence on 1" .l/ 1FFF. T)e mo%ion +or
lea$e %o !le %)e 'leadin( 7a& !led %)e neG% da/ onl/. T)e cor%
denied %)e demrrer %o e$idence. Fr%)er# i% rled %)a% Aeca&e
acc&ed did no% &eeI nor 7a& (ran%ed eG're&& lea$e o+ cor% %o
)i& !lin( o+ %)e demrrer %o e$idence# )e i& deemed %o )a$e
&Ami%%ed )i& ca&e +or Ed(men% in accordance 7i%) Sec. "*# Rle
11F. T)erea+%er# %)e cor% con$ic%ed )im o+ )omicide.
Issue%
I& %)e cor% correc% in Aarrin( acc&ed +rom 're&en%in(
e$idence +or )i& de+en&eJ
9eld%
Ye&. T)e demrrer %o e$idence !led on 1" .l/ 1FFF 7a&
7i%)o% 'rior lea$e o+ cor%. T)e mo%ion +or lea$e %o !le %)e &aid
'leadin( 7a& !led onl/ %)e neG% da/. T)e cor%# %)ere+ore#
correc%l/ a''lied %)e rle on demrrer %o e$idence 7)en i%
di&allo7ed %)e acc&ed %o 're&en% e$idence on )i& Ae)al+.
T)e !lin( o+ a demrrer %o e$idence 7i%)o% lea$e o+ cor% i&
an n;ali!ed 7ai$er o+ %)e ri()% %o 're&en% e$idence +or %)e
acc&ed. T)e ra%ionale +or %)i& rle i& %)a% 7)en %)e acc&ed
mo$e& +or di&mi&&al on %)e (rond o+ in&?cienc/ o+ e$idence# )e
doe& &o in %)e Aelie+ %)e 'ro&ec%ionP& e$idence i& in&?cien% %o
con$ic% and# %)ere+ore# an/ need +or )im %o 're&en% an/ e$idence
i& ne(a%ed. An acc&ed canno% Ae allo7ed %o 7a(er on %)e
o%come o+ Edicial 'roceedin(& A/ e&'o&in( incon&i&%en%
$ie7'oin%& 7)ene$er dic%a%ed A/ con$enience. T)i& i& %o a$oid %)e
dila%or/ 'rac%ice o+ !lin( mo%ion& +or di&mi&&al a& a demrrer %o
%)e e$idence and# a+%er denial %)ereo+# %)e de+en&e 7old %)en
claim %)e ri()% %o 're&en% i%& e$idence.
3. Denial of demurrer
;atigaB 0. Sandigana!an
#63 S2)& 331
8ul! 16, 2663
<hird Di0ision% 2orona, 8.
,uestion%
I& an order den/in( a demrrer %o e$idence &AEec% %o
a''ealJ
&nswer%
No. An order den/in( a demrrer %o e$idence i& in%erloc%or/
%)ere+ore i% i& no% a''ealaAle. Nei%)er can i% Ae %)e &AEec% o+ a
'e%i%ion +or cer%iorari in %)e aA&ence o+ (ra$e aA&e o+ di&cre%ion
or eGce&& o+ Eri&dic%ion# or an o''re&&i$e eGerci&e o+ Edicial
a%)ori%/. Unle&& %)ere i& (ra$e aA&e o+ di&cre%ion amon%in( %o
lacI o+ Eri&dic%ion# a denial o+ a mo%ion %o di&mi&& on demrrer %o
e$idence ma/ no% Ae di&%rAed and ma/ onl/ Ae re$ie7ed in %)e
ordinar/ cor%& o+ la7 A/ an a''eal a+%er %rial.
=. E@ect of granting demurrer
Ang 0. People
3#2 S2)& 3:2
Actoer 5, 2666
<hird Di0ision% 4elo, 8.
'acts%
Acc&ed 7a& c)ar(ed 7i%) e&%a+a Ae+ore %)e 1TC. A+%er %)e
'ro&ec%ion oBered i%& docmen%ar/ eG)iAi%&# 7)ic) 7ere all
')o%oco'ie&# )e !led a demrrer %o e$idence# 7)ic) 7a& denied.
On cer%iorari# %)e RTC re$er&ed %)e 1TC and ordered i% %o di&mi&&
%)e ca&e on %)e (rond o+ in&?cienc/ o+ e$idence. T)e RTC# in
%rn# 7a& re$er&ed A/ %)e CA 7)ic) ordered %)e 1TC %o 'roceed
7i%) %)e %rial.
Issue%
Wa& acc&ed 'laced in doAle Eeo'ard/J
9eld%
Ye&. W)ile (enerall/# %)e order o+ %)e %rial cor% den/in( a
demrrer %o e$idence canno% Ae a''ealed# i% 7old no% Ae %re i+
%)e %rial cor% ac%ed 7i%) (ra$e aA&e o+ di&cre%ion. T)e 're&en%
ca&e +all& 7i%)in %)e eGce'%ion. T)ere i& no com'e%en% e$idence %o
&&%ain %)e c)ar(e &ince all docmen%ar/ e$idence &Ami%%ed
7ere ncer%i!ed ')o%oco'ie& and are inadmi&&iAle. T)&# 7)en
%)e RTC re$er&ed %)e 1TC and (ran%ed %)e demrrer %)e &ame
con&%i%%ed a $alid ac;i%%al. A di&mi&&al o+ a criminal ca&e A/ %)e
(ran% o+ a demrrer %o e$idence i& no% a''ealaAle a& %)e acc&ed
7old Ae 'laced in doAle Eeo'ard/.
People 0. Sandigana!an
3:= S2)& :#
'eruar! #, 2662
<hird Di0ision% Sando0al.(utierre/, 8.
'acts%
Acc&ed 7a& c)ar(ed 7i%) $iola%ion o+ R.A. *>1F. A+%er %)e
'ro&ec%ion re&%ed# )e !led a demrrer %o e$idence 7)ic) 7a&
denied. 0e !led a mo%ion +or recon&idera%ion# 7)ic) 7a& (ran%ed.
Issue%
1a/ %)e (o$ernmen% &eeI re$ie7 o+ %)e di&mi&&al Ae+ore %)e
S'reme Cor% A/ cer%iorariJ
9eld%
No. T)e (ran% or denial o+ a demrrer %o e$idence i& le+% %o
%)e &ond di&cre%ion o+ %)e %rial cor%# and i%& rlin( on %)e ma%%er
&)all no% Ae di&%rAed in %)e aA&ence o+ a (ra$e aA&e o+
di&cre%ion. Si(ni!can%l/# once %)e cor% (ran%& %)e demrrer# &c)
order amon%& %o an ac;i%%al9 and an/ +r%)er 'ro&ec%ion o+ %)e
acc&ed 7old $iola%e %)e con&%i%%ional 'ro&cri'%ion on doAle
Eeo'ard/. T)i& con&%i%%e& an eGce'%ion %o %)e rle %)a% %)e
di&mi&&al o+ a criminal ca&e made 7i%) %)e eG're&& con&en% o+ %)e
acc&ed or 'on )i& o7n mo%ion Aar& 'lea o+ doAle Eeo'ard/.
:. 2i0il liailit! where demurrer is granted
Sala/ar 0. People
#11 S2)& 351
Septemer 23, 2663
Second Di0ision% 2alle"o, Sr., 8.
'acts%
A+%er %)e 'ro&ec%ion re&%ed# acc&ed !led a demrrer %o
e$idence 7i%) lea$e o+ cor%. T)e mo%ion 7a& (ran%ed 7i%) %)e
ac;i%%al o+ %)e acc&ed o+ %)e c)ar(e o+ estafa A% %)e %rial cor%
ordered )er %o 'a/ a ci$il liaAili%/ in %)e amon% o+ P"1,#>>>.
Acc&ed &o()% recon&idera%ion o+ %)e ci$il a&'ec% o+ %)e
Ed(men% A% i% 7a& denied.
Issue%
W)ere an acc&ed 7a& ac;i%%ed +ollo7in( a demrrer %oo
e$idence# ma/ &)e Ae adEd(ed ci$ill/ liaAle 7i%)o% !r&% re;irin(
)er %o 're&en% e$idenceJ
9eld%
No. I+ demrrer i& (ran%ed and %)e acc&ed i& ac;i%%ed A/
%)e cor%# %)e acc&ed )a& %)e ri()% %o addce e$idence on %)e
ci$il a&'ec% o+ %)e ca&e nle&& %)e cor% al&o declare& %)a% %)e ac%
or omi&&ion +rom 7)ic) %)e ci$il liaAili%/ ma/ ari&e did no% eGi&%. I+
%)e %rial cor% i&&e& an order or render& Ed(men% no% onl/
(ran%in( %)e demrrer %o e$idence o+ %)e acc&ed and ac;i%%in(
)im A% al&o on %)e ci$il liaAili%/ o+ %)e acc&ed %o %)e 'ri$a%e
oBended 'ar%/# &aid Ed(men% on %)e ci$il a&'ec% o+ %)e ca&e
7old Ae a nlli%/ +or %)e rea&on %)a% %)e con&%i%%ional ri()% o+
%)e acc&ed %o de 'roce&& i& %)ereA/ $iola%ed. T)i& i& &o Aeca&e
7)en %)e acc&ed !le& a demrrer %o e$idence# %)e acc&ed )a&
no% /e% addced e$idence Ao%) on %)e criminal and ci$il a&'ec%&
o+ %)e ca&e. T)e onl/ e$idence on record i& %)e e$idence +or %)e
'ro&ec%ion. W)a% %)e %rial cor% &)old do i& %o i&&e an order or
'ar%ial Ed(men% (ran%in( %)e demrrer %o e$idence and
ac;i%%in( %)e acc&ed9 and &e% %)e ca&e +or con%ina%ion o+ %rial
+or )im %o addce e$idence on %)e ci$il a&'ec% o+ %)e ca&e# and +or
%)e 'ri$a%e com'lainan% %o addce e$idence A/ 7a/ o+ reA%%al.
?ow of course, it is now emphasiBed in paragraph 1 that a demurrer
may be filed with or without leave of court. ,eave of court means before
your demurrer, you file muna a motion for permission to file the
demurrer. 1he court grants permission, you file the demurrer. Iou can
still file the demurrer even without the permission of the court. 7f you
file demurrer with or without leave and it is granted, then you have no
problem because the accused will be acAuitted.
1he problem is, if your demurrer is denied. Meaning, the court says
that there is sufficient evidence to prove at least the guilt of the accused.
7f the demurrer was filed with prior leave of court and it is subseAuently
denied, the accused is allowed to present evidence to prove his defense.
-ut if you filed the demurrer without prior leave of court and the
demurrer is denied, then you are already convicted because the accused
has forfeited his right to present evidence. 7t is practically eAuivalent to a
waiver of his right to present evidence. So conviction automatically
follows. 1his is what the rules say.
Jhat is the rationale behind thisO 1he 1$$4 case of
!5"!,5 vs. 1C+7?%*?
&.& S2+* #&#
D5,<: :1he rationale for the rule is that when the accused
moves for dismissal on the ground of insufficiency of the
prosecution evidence, he does so in the belief that said
evidence is insufficient to convict and, therefore, any need
for him to present any evidence is negated. 7t is said that an
accused cannot be allowed to wager on the outcome of
judicial proceedings by espousing inconsistent viewpoints
whenever dictated by convenience. 1he purpose behind the
rule is also to avoid the dilatory practice of filing motions for
dismissal as a demurrer to the evidence of the prosecution
and, after denial thereof, the defense would then claim the
right to present its evidence.9
So, there is an inconsistency in saying that the prosecutionLs evidence
is not sufficient, and yet when it is denied, :"6, 7 will present
evidence.9 *hh di puwede yanV *nd many defense counsels in the past
have filed demurrer just to delay the presentation of evidence when there
is no chance for said demurrer to be granted.
-5+?*+<" vs. 2"C+1 "E *!!5*,S
&4. S2+* 4.&
D5,<: :1he power to grant leave to the accused to file a
demurrer is addressed to the sound discretion of the trial court.
1he purpose is to determine whether the accused in filing his
demurrer is merely stalling the proceedings. G7s he really serious
or is only delaying the proceedingsOH >udicial action to grant
prior leave to file demurrer to evidence is discretionary upon the
trial court. -ut to allow the accused to present evidence after he
was denied prior leave to file demurrer is not
discretionary.9GMeaning, when you file a demurrer without prior
leave, you assume the ris8 eh because once your demurrer is
denied, you no longer have a chance to present evidence.H
:"nce prior leave is denied and the accused still files his
demurrer to evidence or motion to dismiss, the court no longer
has discretion to allow the accused to present evidence. 1he
only recourse left for the court is to decide the case on the basis
of the evidence presented by the prosecution. *nd, unless there
is grave abuse thereof amounting to lac8 or e@cess of
jurisdiction, the trial courtXs denial of prior leave to file demurrer
to evidence or motion to dismiss may not be disturbed.
Dowever, any judgment of conviction by a trial court may still
be elevated by the accused to the appellate court.9 GIou cannot
Auestion the order of denial of prior leave, this is discretionary
but you can appeal the judgment of conviction itself.H
-*+ FC5S17"?: Dow do you distinguish the rule on demurrer of
evidence in civil cases with the rule of demurrer in criminal casesO
*: 1he following are the distinctions:
1. 7n civil cases when the demurrer is denied, the defendant will
now present his evidence to prove his defense because the
defendant does not waive his right to present in the event the
demurrer is denied3 whereas
7n criminal cases, if the demurrer of the accused is denied the
accused is no longer allowed to present evidence if he had no
prior leave3
&. 7n civil cases, if the defendantLs demurrer is granted and the case
is dismissed and the plaintiff appeals to the appellate court
and on appeal the court reverses the order of dismissal, the
appellate court renders judgment immediately against the
defendant. %oodbyeV talo na ang defendant. 1here is no
more remanding3 whereas
7n criminal cases, if the demurrer is granted, there is no more
appeal by the prosecution because the accused has already
been acAuitted. "therwise, there will be a case of double
jeopardy3
'. 7n civil cases, the court cannot on its own initiative, dismiss the
case after the plaintiff rests without any demurrer by the
defendant. 1here is no such thing as motu propio demurrer3
whereas
7n criminal cases, the court may dismiss the action on its own
initiative after giving the prosecution the chance to present its
evidence.
<emurrer used to be composed only of two paragraphs. Cnder the
new rules, there are three ') new additional paragraphs. 1he additional
provisions are:
1he motion for leave of court to file demurrer to evidence
shall specifically state its grounds and shall be filed within a
non=e@tendible period of five 0) days after the prosecution
rests its case. 1he prosecution may oppose the motion within
a non=e@tendible period of five 0) days from its receipt.
7f leave of court is granted, the accused shall file the
demurrer to evidence within a non=e@tendible period of ten
1() days from notice. 1he prosecution may oppose the
demurrer to evidence within a similar period from its receipt.
1he order denying the motion for leave of court to file
demurrer to evidence or the demurrer itself shall not be
reviewable by appeal or by certiorari before judgment. n)
1hese deadlines were not found before. 7f you want to file leave,
pag=rest, 0 days lang, you file a motion for leave. 1he prosecution may
oppose the leave of within 0 days. *fter the court grants leave, you file
the demurrer within 1( days lang. 1he obvious purpose here is not to
delay the trial.
Jhen the court denies the motion for leave or the demurrer itself, as a
rule, it is not reviewable. Iou cannot review it. 1he remedy is to go to
trial and if you are convicted, appeal on the judgment of conviction. -ut
as a general rule, when a demurrer is denied, you cannot go on certiorari.
7Lm not saying that this is 1((Z but there are some instances when the
court, based on eAuity, allows it.
1a8e note that when you file a leave of court to file a demurrer, the
accused must specifically state the grounds.
1he 1$.0 +ules just says you get prior leave. 1his is what 7 noticed
here among trial courts: after the prosecution rests, sometimes the
defense counsel will say, :Iour honor, we will file a demurrer. May we
as8 for leave of court to file the demurrerO9 *nd 7 noticed that the courts
will say :*lright, leave granted, file your demurrer.9 !arang naging
automatic baV !ag=hingi mo ng leave, bigay 8aagadV
.
?ow, the &((( +ules states, :1he motion for leave of court to file
demurrer to evidence shall specifically state its grounds.9 Dindi na
puwede yung :we intend to file a demurrer, may we as8 for leave9
without stating the grounds.
S52. &#. +eopening. *t any time before finality of the
judgment of conviction, the judge may, motu proprio or upon
motion, with hearing in either case, reopen the proceedings to
avoid a miscarriage of justice. 1he proceedings shall be
terminated within thirty '() days from the order granting it.
n)
)eopening of a 2ase
1. When ma! the "udge reopen the proceedings%
1. A% an/ %ime Ae+ore !nali%/ o+ %)e Ed(men% o+ con$ic%ion#
". A+%er a 'ro'er )earin(#
*. Ei%)erM
1. motu propio# or
". 'on mo%ion
2. (round for reopening the proceedings%
To a$oid mi&carria(e o+ E&%ice
3. When reopened proceedings shall e terminated%
Wi%)in *> da/& +rom %)e order (ran%in( i%
1. )eopening and motion for new trial
&legre 0. )e!es
1=1 S2)& 22=
4a! 5, 1511
'irst Di0ision% -ar0asa, 8.
,uestion%
0o7 i& a mo%ion %o reo'en %rial di&%in(i&)ed +rom a mo%ion
+or ne7 %rialJ
&nswer%
T)e +ollo7in( are %)e di&%inc%ion&M
1. A motion to reopen ma/ 'ro'erl/ Ae 're&en%ed onl/
a+%er ei%)er or Ao%) 'ar%ie& )a$e +ormall/ oBered# and clo&ed %)eir
e$idence# A% Ae+ore Ed(men%. A motion for new trial i& 'ro'er
onl/ a+%er rendi%ion or 'roml(a%ion o+ Ed(men%.
4". A mo%ion +or reo'enin(# nliIe a mo%ion +or ne7 %rial# i&
no% &'eci!call/ men%ioned and 're&criAed a& a remed/ A/ %)e
Rle& o+ Cor%. T)ere i& no &'eci!c 'ro$i&ion in %)e Rle& o+ Cor%
(o$ernin( mo%ion& %o reo'en. I% i& alAei% a reco(ni6ed 'rocedral
recor&e or de$ice# deri$in( $alidi%/ and acce'%ance +rom lon(#
e&%aAli&)ed &a(e.5
*. A motion for new trial in ci$il or criminal ac%ion& ma/ Ae
a''lied +or and (ran%ed onl/ 'on &'eci!c# 7ellCde!ned (rond&#
&e% +or%) re&'ec%i$el/ in Rle& *=# Sec. 1 and 1"1# Sec. ". On %)e
o%)er )and# %)e reopening of a case +or %)e rece'%ion o+
addi%ional e$idence a+%er a ca&e )a& Aeen &Ami%%ed +or deci&ion
A% Ae+ore Ed(men% i& ac%all/ rendered i&# i% )a& Aeen &aid#
con%rolled A/ no o%)er rle %)an %)a% o+ %)e 'aramon% in%ere&%& o+
E&%ice# re&%in( en%irel/ in %)e &ond Edicial di&cre%ion o+ a %rial
cor%9 and i%& conce&&ion# or denial# A/ &aid cor% in %)e eGerci&e
o+ %)a% di&cre%ion 7ill no% Ae re$ie7ed on a''eal nle&& a clear
aA&e %)ereo+ i& &)o7n.
Section &# is a new provision. 1he judge may motu propio or upon
motion reopen the proceedings.
*ctually, reopening of trial is a remedy which is recogniBed but not
found in the rules. 5ven the rules on civil procedure, there are motions
for new trials but you cannot find a rule for the re=opening of trial. -ut
the S2 has always recogniBed that there is such a remedy.
5P*M!,5: 7 will rest my case, the trial is finished and the ne@t step
is the decision. -ut after you rest, you have additional evidence
discovered for the first time and therefore could not have been presented
beforehand.
F: Jhat will you doO Jill you file a motion for new trial based on
the newly discovered evidenceO
*: ?", you cannot wala pang decisionV Motion for new trial based
on new evidence is proper only after a decision has been made and the
same is not yet final and e@ecutory.
F: 7n the e@ample, wala pang decision eh. Jhat is the proper
remedyO
*: 1he correct remedy is motion to reopen the trial because there is
no judgment yet.
F: "n what groundsO
*: >ustice and eAuity. 1his is the only ground for re=opening because
there is no specific ground.
F: ?ow can the court on its own, re=open a trial, civil or criminalO
*: I5S. 1his has happened several times. 1he case has already been
submitted for trial, this happened to me several years ago. 1he court
said :before the court renders a decision, the court would li8e to conduct
an ocular inspection and re=enactment of the alleged crime in the place
where the crime was committed.9 Motu propio, the court ordered the re=
enactment. 1his is an instance of re=opening the trial. 1his is allowed
because this is an inherent power of the court, if it really wants to find
out the truth. Iou cannot find any provision in the rules regulating that
8ind of remedy. 1his is allowed without any specific rule e@cept justice
and eAuity.
Eor the first time, reopening of trial in a criminal case is now found in
Section &# of the &((( +ules. -ut there is something wrong here. 7n
reopening of trial, you do it before the case is decided. <ito naman, you
do it :at any time before the finality of the judgment of conviction.9
*nong 8lase itoOV Dow can this beO 1here is already a judgment of
conviction and then, you reopenOO 7 thin8 the correct motion is a new
trial.
7 remember when %alveB was here to lecture on the +ules on
2riminal !rocedure. De said that somebody in the Supreme 2ourt
na8ialam dito eh. 1he original draft was :anytime before judgment there
can be re=opening upon motu propio or motion.9 -ut when the new rules
came out, it said :at any time before finality of the judgment of
conviction.9 dinagdagan baV 1he person who changed it must have
thought the committee had erred but the change made it even worse.
1hatLs why the committee wrote a letter to the S2 to amend this mista8e.
?ow, there are some special laws that are related to the subject of trial
and they are considered as part and parcel of the criminal procedure. 7
am referring to +* #$(., +* /('', +* /('# and +* /('0. +*Ls /('',
/('# and /('0 are also 8nown as the ,aurel ,aws because the author of
these laws is Senator ,aurel in the 4(Ls.
+* #$(. *? *21 +5FC7+7?% >C<%5S "E 2"C+1S 1"
S!55<7,I 1+I 2+7M7?*, 2*S5S JD5+57? 1D5
"EE5?<5< !*+1I 7S * !5+S"? *-"C1 1" <5!*+1
E+"M 1D5 !D7,7!!7?5S J71D ?" <5E7?715 <*15
"E +51C+?
+* /('' *? *21 +5FC7+7?% 2"C+1S 1" %7;5
!+5E5+5?25 1" 2+7M7?*, 2*S5S JD5+5 1D5
!*+1I "+ !*+175S 7?;",;5 *+5 7?<7%5?1S
+* /('# *? *21 !+";7<7?% 1+*?S!"+1*17"? *?<
"1D5+ *,,"J*?25S E"+ 7?<7%5?1 ,717%*?1S.
+* /('0 *? *21 +5FC7+7?% S15?"%+*!D5+S
1" %7;5 E+55 1+*?S2+7!1 "E ?"15S 1" 7?<7%5?1
*?< ,"J 7?2"M5 ,717%*?1S *?< !+";7<7?% *
!5?*,1I E"+ 1D5 ;7",*17"? 1D5+5"E
-ug'ent
+ule 1&(
>C<%M5?1
F: Jhat is the definition of judgment in criminal casesO
*: Section 1:
S5217"? 1. >udgment3 definition and form. >udgment
is the adjudication by the court that the accused is guilty or
not guilty of the offense charged and the imposition on him
of the proper penalty and civil liability, if any. 7t must be
written in the official language, personally and directly
prepared by the judge and signed by him and shall contain
clearly and distinctly a statement of the facts and the law
upon which it is based. 1a)
8udgment
1. Defnition%
T)e adEdica%ion A/ %)e cor% %)a% %)e acc&ed i& (il%/ or
no% (il%/ o+ %)e
oBen&e c)ar(ed and %)e im'o&i%ion on )im o+ %)e 'ro'er
'enal%/ and ci$il
liaAili%/# i+ an/
2. 'orm%
1. I% m&% Ae 7ri%%en in o?cial lan(a(e#
". I% m&% Ae 'er&onall/ and direc%l/ 're'ared A/ %)e Ed(e#
*. I% m&% Ae &i(ned A/ %)e Ed(e# and
,. I% m&% con%ain clearl/ and di&%inc%l/M
1. a &%a%emen% o+ +ac%&# and
". %)e la7 'on 7)ic) i% i& Aa&ed
1. &c?uittal and dismissal distinguished
People 0. Sandigana!an
#35 S2)& 356
Septemer 25, 266#
Second Di0ision% 2alle"o, Sr., 8.
,uestion%
0o7 i& di&mi&&al di&%in(i&)ed +rom ac;i%%alJ
&nswer%
Ac;i%%al i& al7a/& Aa&ed on %)e meri%&# %)a% i&# acc&ed i&
ac;i%%ed Aeca&e %)e e$idence doe& no% &)o7 %)a% )i& (il% i&
Ae/ond a rea&onaAle doA%9 A% di&mi&&al doe& no% decide %)e
ca&e on %)e meri%& or %)a% acc&ed i& no% (il%/. Di&mi&&al
%ermina%e& %)e 'roceedin(# ei%)er Aeca&e %)e cor% i& no% a cor%
o+ com'e%en% Eri&dic%ion# or %)e e$idence doe& no% &)o7 %)a% %)e
oBen&e 7a& commi%%ed 7i%)in %)e %erri%orial Eri&dic%ion o+ %)e
cor%# or %)e com'lain% or in+orma%ion i& no% $alid or &?cien% in
+orm and &A&%ance# e%c.
T)e onl/ ca&e in 7)ic) %)e 7ord di&mi&&al i& commonl/ A%
no% correc%l/ &ed# in&%ead o+ %)e 'ro'er %erm ac;i%%al# i& 7)en#
a+%er %)e 'ro&ec%ion )a& 're&en%ed all i%& e$idence# acc&ed
mo$e& +or %)e di&mi&&al and %)e cor% di&mi&&e& %)e ca&e on %)e
(rond %)a% %)e e$idence +ail& %o &)o7 Ae/ond a rea&onaAle doA%
%)a% acc&ed i& (il%/9 +or in &c) ca&e %)e di&mi&&al i& in reali%/
an ac;i%%al Aeca&e %)e ca&e i& decided on %)e meri%&. I+ %)e
'ro&ec%ion +ail& %o 'ro$e %)a% %)e oBen&e 7a& commi%%ed 7i%)in
%)e %erri%orial Eri&dic%ion o+ %)e cor% and %)e ca&e i& di&mi&&ed#
%)e di&mi&&al i& no% an ac;i%%al# ina&mc) a& i+ i% 7ere &o acc&ed
cold no% Ae a(ain 'ro&ec%ed Ae+ore %)e cor% o+ com'e%en%
Eri&dic%ion9 and i% i& elemen%al %)a% in &c) ca&e# acc&ed ma/
a(ain Ae 'ro&ec%ed +or %)e &ame oBen&e Ae+ore a cor% o+
com'e%en% Eri&dic%ion.
2. Statement of Jfacts and lawO
People 0. 7ellaNor
233 S2)& 15=
8une 13, 155#
En 7anc% 7idin, 8.
'acts%
Acc&ed 7a& con$ic%ed o+ ar&on. 0e !led a mo%ion +or
recon&idera%ion. T)e Ed(e (ran%ed %)e mo%ion and ac;i%%ed )im
in a deci&ion 7)ic) +ailed %o &%a%e %)e +ac%& and %)e la7 on 7)ic)
%)e re$er&al 7a& Aa&ed.
Issue%
1a/ %)e order Ae a''ealed 7i%)o% 'lacin( acc&ed in
doAle Eeo'ard/J
9eld%
Ye&. T)e deci&ion 7a& a nlli%/. I% did no% &%a%e %)e +ac%& and
%)e la7 on 7)ic) i% i& Aa&ed# a& re;ired A/ Sec. 1,# Ar%. VIII o+ %)e
Con&%i%%ion. Fr%)ermore# i% i& a re;iremen% o+ de 'roce&& %)a%
%)e 'ar%ie& %o a li%i(a%ion Ae in+ormed o+ )o7 i% 7a& decided# 7i%)
an eG'lana%ion o+ %)e +ac%al !ndin(& and le(al E&%i!ca%ion& %)a%
led %o %)e concl&ion& o+ %)e cor%.
3. Imposing the proper penalt!
People 0. Deneracion
2#5 S2)& 2##
Actoer 12, 1553
En 7anc% ;apunan, 8.
Issue%
A+%er !ndin( %)a% acc&ed )a&# on %)e occa&ion o+ ra'e#
commi%%ed )omicide# i& %)e Ed(e allo7ed %o im'o&e %)e 'enal%/
o+ reclusion perpetua# in&%ead o+ %)e manda%or/ 'enal%/ o+ dea%)#
on %)e (rond %)a% )e doe& no% Aelie$e in %)e dea%) 'enal%/J
9eld%
No. OAedience %o %)e rle o+ la7 +orm& %)e AedrocI o+ or
&/&%em o+ E&%ice. I+ Ed(e&# nder %)e (i&e o+ reli(io& or 'oli%ical
Aelie+& 7ere allo7ed %o roam nre&%ric%ed Ae/ond Aondarie&
7i%)in 7)ic) %)e/ are re;ired A/ la7 %o eGerci&e %)e d%ie& o+
%)eir o?ce# %)en la7 Aecome& meanin(le&&. A (o$ernmen% o+
la7&# no% o+ men eGclde& %)e eGerci&e o+ Aroad di&cre%ionar/
'o7er& A/ %)o&e ac%in( nder i%& a%)ori%/. Under %)i& &/&%em#
Ed(e& are (ided A/ %)e Rle o+ La7# and o()% K%o 'ro%ec% and
en+orce i% 7i%)o% +ear or +a$or#L re&i&% encroac)men%& A/
(o$ernmen%&# 'oli%ical 'ar%ie&# or e$en %)e in%er+erence o+ %)eir
o7n 'er&onal Aelie+&. In addi%ion# Sec. 1# Rle 1"># o+ %)e Rle& o+
Cor% manda%e& %)a% a+%er an adEdica%ion o+ (il%# %)e Ed(e
&)old im'o&e K%)e 'ro'er 'enal%/ and ci$il liaAili%/# i+ an/.L
#. Aral "udgment
People 0. Hascuna
223 S2)& 31:
&ugust 11, 1553
'irst Di0ision% Da0ide, 8r., 8.
'acts%
A& &oon a& acc&ed 're&en%ed )i& la&% 7i%ne&&# %)e RTC Ed(e
orall/ 'roml(a%ed Ed(men%# A/ dic%a%in( i% %o %)e &%eno(ra')er#
con$ic%in( )im o+ RoAAer/ 7i%) 0omicide and Ra'e. La%er# %)e
Ed(e i&&ed a 1>C'a(e deci&ion.
Issue%
I& %)e ac% o+ %)e Ed(e 'ro'erJ
9eld%
Ye&. A %rial Ed(e 7)o )a& 'ain&%aIin(l/ li&%ened %o %)e
%e&%imonie& o+ %)e 7i%ne&&e&# %aIen no%e& and me%iclo&l/
oA&er$ed %)e la%%erP& de'or%men% and manner o+ %e&%i+/in( ma/
lo(icall/ Ae 're&med %o )a$e 'ro'erl/ made ' )i& mind on 7)a%
%)e deci&ion &)old Ae. W)a% ma/ %)ere+ore remain +or )im i& %)e
ac%al 7ri%in( o+ %)e deci&ion. .d(e& are no% re;ired %o a7ai% %)e
%ran&cri'%ion o+ %)e &%eno(ra')ic no%e& Ae+ore %)e/ can render
%)eir deci&ion&.
Sec. 1# Rle 1"> o+ %)e Rle& o+ Cor% re;ire& %)a% a
Ed(men% Ae in 7ri%in(# 'er&onall/ and direc%l/ 7ri%%en A/ %)e
Ed(e# &i(ned A/ )im and con%ain& clearl/ and di&%inc%l/ a
&%a%emen% o+ +ac%& and %)e la7 'on 7)ic) i% i& Aa&ed. 0o7e$er#
)ere %)e K$erAalL Ed(men% 7a& incom'le%e a& i% doe& no% con%ain
!ndin(& o+ +ac% and i& no% &i(ned A/ %)e .d(e. <e %)a% a& i% ma/#
%)e in!rmi%/ 7a& correc%ed 7)en %)e Ed(e &A&e;en%l/ i&&ed a
+llCAlo7n .d(men% T 7)ic) con%ain& a &mmar/ o+ %)e e$idence
+or %)e 'ar%ie&# !ndin(& o+ +ac% and )i& &i(na%re.
F: Jhat does it containO
*: Section &:
S52. &. 2ontents of the judgment. 7f the judgment is of
conviction, it shall state 1) the legal Aualification of the
offense constituted by the acts committed by the accused and
the aggravating or mitigating circumstances which attended
its commission3 &) the participation of the accused in the
offense, whether as principal, accomplice, or accessory after
the fact3 ') the penalty imposed upon the accused3 and #)
the civil liability or damages caused by his wrongful act or
omission to be recovered from the accused by the offended
party, if there is any, unless the enforcement of the civil
liability by a separate civil action has been reserved or
waived.
7n case the judgment is of acAuittal, it shall state whether
the evidence of the prosecution absolutely failed to prove the
guilt of the accused or merely failed to prove his guilt beyond
reasonable doubt. 7n either case, the judgment shall
determine if the act or omission from which the civil liability
might arise did not e@ist. &a)
2ontents of the 8udgment
1. 8udgment of 2on0iction%
1. I% &)all &%a%e %)eM
1. le(al ;ali!ca%ion o+ %)e oBen&e con&%i%%ed A/ %)e
ac%& commi%%ed A/ %)e acc&ed# and
". %)e a((ra$a%in( or mi%i(a%in( circm&%ance& 7)ic)
a%%ended i%&
commi&&ion9
". I% &)all &%a%e %)e 'ar%ici'a%ion o+ %)e acc&ed in %)e
oBen&e# 7)e%)er a&M
1. 'rinci'al#
". accom'lice# or
*. acce&&or/ a+%er %)e +ac%9
*. I% &)all &%a%e %)e 'enal%/ im'o&ed 'on %)e acc&ed9
,. I% &)all &%a%e %)e ci$il liaAili%/ or dama(e& ca&ed A/ )i&
7ron(+l ac% or
omi&&ion %o Ae reco$ered +rom %)e acc&ed A/ %)e oBended
'ar%/# i+ %)ere i& an/# nle&& %)e en+orcemen% o+ %)e ci$il
liaAili%/ A/ a &e'ara%e ci$il ac%ion )a& Aeen re&er$ed or
7ai$ed9
2. 8udgment of &c?uittal%
1. I% &)all &%a%e 7)e%)er %)e e$idence o+ %)e 'ro&ec%ionM
1. aA&ol%el/ +ailed %o 'ro$e %)e (il% o+ %)e acc&ed# or
". merel/ +ailed %o 'ro$e )i& (il% Ae/ond rea&onaAle
doA%9
". In ei%)er ca&e# i% &)all de%ermine i+ %)e ac% or omi&&ion
+rom 7)ic) %)e
ci$il liaAili%/ mi()% ari&e did no% eGi&%
1. )eason for the re?uirements
People 0. Hi/ada
35= S2)& =3:
8anuar! 2#, 2663
En 7anc% 2alle"o, Sr., 8.
'acts%
In i%& deci&ion con$ic%in( %)e acc&ed o+ , con%& o+ ra'e# %)e
RTC merel/ &mmari6ed %)e %e&%imonie& o+ %)e 7i%ne&&e& o+ %)e
'ro&ec%ion and %)o&e o+ acc&ed and )i& 7i%ne&&e&# and +or%)7i%)
&e% +or%) %)e decre%al 'or%ion o+ &aid deci&ion. T)e RTC e$en +ailed
%o &%a%e in &aid deci&ion %)e +ac%al and le(al Aa&i& +or %)e
im'o&i%ion o+ %)e &'reme 'enal%/ o+ dea%) on )im.
Issue%
I& %)e deci&ion $alidJ
9eld%
No. Ar%. VIII# Sec# 1, o+ %)e 1FD= Con&%i%%ion 'ro$ide& %)a%
Kno deci&ion &)all Ae rendered A/ an/ cor% 7i%)o% eG're&&in(
%)erein clearl/ and di&%inc%l/ %)e +ac%& and %)e la7 on 7)ic) i% i&
Aa&ed.L T)i& re;iremen% i& rei%era%ed and im'lemen%ed A/ Rle
1"># Sec. " o+ %)e Rle& o+ Cor%. T)e 'r'o&e o+ %)e 'ro$i&ion i&
%o in+orm %)e 'ar%ie& )o7 %)e deci&ion 7a& reac)ed A/ %)e cor%.
T)e lo&in( 'ar%/ m&% Ae (i$en an o''or%ni%/ %o anal/6e %)e
deci&ion &o %)a%# i+ 'ermi%%ed# )e ma/ ele$a%e 7)a% )e ma/
con&ider i%& error& +or re$ie7 A/ a )i()er %riAnal. Fr%)ermore#
%)e deci&ion i+ 7ellC're&en%ed and rea&oned# ma/ con$ince %)e
lo&in( 'ar%/ o+ i%& meri%& and 'er&ade i% %o acce'% %)e $erdic% in
(ood (race in&%ead o+ 'rolon(in( %)e li%i(a%ion 7i%) a &ele&&
a''eal.
1here is something wrong in convicting somebody without even a
clear statement of why he is guilty. *ccording to the S2, why is it that
the law reAuires, especially in criminal cases, the judge should be careful
in rendering a judgmentO Jhy must it be clearly stated why you are
guilty under Section 1 K &. Jhy is it that under Sections 1 and &, the
judgment must clearly state why you are guiltyO 7n the following cases
of
!5"!,5 vs. 2*I*%"
'1& S2+* /&' G1$$$H
D5,<: :* strict compliance with the mandate of the said
provision is imperative in the writing of every decision.
"therwise, the rule would simply a tool for speculations, which
this 2ourt will not countenance specifically in criminal cases
involving the possible deprivation of human life.9
!5"!,5 vs. -C%*+7?
&4' S2+* '.# G1$$4H >. MendoBa
D5,<: :1he reAuirement that the decisions of courts must be
in writing and that they must set forth clearly and distinctly the
facts and the law on which they are based serves many
functions. 7t is intended, among other things, to inform the
parties of the reason or reasons for the decision so that if any of
them appeals, he can point out to the appellate court the findings
of facts or the rulings on points of law with which he disagrees.
More than that, the reAuirement is an assurance to the parties
that, in reaching judgment, the judge did so through the
processes of legal reasoning. 7t is, thus, a safeguard against the
impetuosity of the judge, preventing him from deciding by ipse
di@it Gby instinctH. ;ouchsafed neither the sword nor the purse
by the 2onstitution but nonetheless vested with the sovereign
prerogative of passing judgment on the life, liberty or property
of his fellowmen, the judge must ultimately depend on the
power of reason for sustained public confidence in the justness
of his decision. 1he decision of the trial court in this case
disrespects the judicial function.9
7n other words, among the three branches of government, the
judiciary is the wea8est. 7t has no power of the purse or the sword. !urse
congress holds the budget. Sword the judiciary has no army to
enforce decisions unli8e the e@ecutive where the e@ecutive is already the
commander=in=chief of the *E!. So how can the judiciary command the
respect of the peopleO 1here is only one way the force of its decisions
that its decisions are well argued and logical. 1his is the only way to
have the people believe in the judiciary. 7f it cannot cope with this, it is
an insult, an attac8 to judges who do not 8now how to write decisions,
because this is how the judiciary earns the respect of the people.
"therwise, ba8a wala ng maniwala sa 8orte. 1hat is how the S2
e@plained that idea in the case of -ugarin.
"ne interesting case in relation to Section & which dealt with the
double jeopardy rule was the case of
*-*I, S+. vs. %*+27*
1/& S2+* //0
E*21S: "n the day of trial, the accused was there with his
lawyer. 1he offended party was not in court. 1he judge as8ed
the fiscal what action he wanted to proceed with. 1he fiscal
said, :Je will loo8 at the records, whether the offended party
were properly informed.9 Einding that the offended party was
properly informed, the fiscal said Goral motionH, :7n that case
your honor, we are moving for the dismissal of the criminal case
for lac8 of evidence now upon us wala ang offended party
eh.9 1he judge dictated in open court, :*lright, the case is
dismissed for failure to prosecute.9 Jith that, the accused went
home happy.
*fter the accused left and shortly thereafter, the offended
party arrived with his lawyer. *fter they learned of the dismissal
they e@plained that they had to travel far, had a flat tire and got
caught in traffic. 1he judge found their earlier non=appearance
as justified and ordered the revocation or reconsidered the
earlier decision of dismissal, conseAuently resetting the trial.
1he accused learned of the succeeding events and protested
that this was a case of double jeopardy. De contends that all the
necessary elements of double jeopardy are present: valid
complaint, valid information filed in a competent court3 had an
arraignment3 and the case was dismissed without his e@press
consent.
D5,<: 1he order of dismissal is eAuivalent to an acAuittal
but a judgment of acAuittal under +ule 1&( must be in writing.
1he order dismissing the case was not in writing but was
dictated in open court. 7t was never reduced into writing. Jhat
was reduced to writing was the second order which revo8ed the
first order. Since it was never in writing, there was no judgment
of acAuittal. 1herefore, there is no double jeopardy.
:Dowever, this order of dismissal must be written in the
official language, personally and directly prepared by the judge
and signed by him conformably with the provisions of +ule 1&(,
section & of the +ules of 2ourt. 7n the instant case, it is very
clear that the order was merely dictated in open court by the trial
judge. 1here is now showing that this verbal order of dismissal
was ever reduced to writing and duly signed by him. 1hus, it did
not yet attain the effect of a judgment of acAuittal, so that it was
still within the powers of the judge to set it aside and enter
another order, now in writing and duly signed by him,
reinstating the case.9
1his is how the Supreme 2ourt s8irted the double jeopardy rule by
applying +ule 1&(, Sections 1 and &.
1he &nd paragraph of Section & is new and it radically changed the
language of the previous rule. Section &, second paragraph:
7n case the judgment is of acAuittal, it shall state whether
the evidence of the prosecution absolutely failed to prove the
guilt of the accused or merely failed to prove his guilt beyond
reasonable doubt. 7n either case, the judgment shall
determine if the act or omission from which the civil liability
might arise did not e@ist. &a)
1his is just a repetition of +ule 111, Section & Glast paragraphH when
the judgment acAuits the accused, the judgment should state whether the
evidence of the prosecution absolutely failed to prove the guilt of the
accused or merely failed to prove his guilt beyond reasonable doubt. 7n
either case, the judgment shall determine if the act or omission from
which the civil liability might arise does not e@ist. -ecause generally if
you are acAuitted on reasonable doubt, it will not bar the filing of a
separate civil action. -ut if the fact from which the civil liability might
arise does not e@ist, then the acAuittal is already a bar to a future civil
liability.
2ompare this with the language of the 1$.0 +ules, +ule 1&(, Section
&, last paragraph:
7n case of acAuittal, unless there is a clear showing that the
act from which the civil liability might arise did not e@ist, the
judgment shall ma8e a finding on the civil liability of the
accused in favor of the offended party.
*ccording to the 1$.0 +ules, if the accused is acAuitted based on
reasonable doubt, the court may order the accused to satisfy civil
liability because the cause of action in the civil case is already proven
although the accused is acAuitted. 7t is possible for the accused to be
acAuitted and yet is found to be civilly liable based on the .0 +ules.
1he rule under the 1$.0 +ules was ta8en from decided cases such as
the case of M51+"-*?6 ;S. 2* 1.. S2+* &0$). 7n this case, the
accused was charged with estafa. *fter trial, the court said that there
was no estafa. 7t is only a simple loan so there is no crime. ?ormally,
the ne@t step is to let the offended party file a civil case to demand
payment of the loan. -ut in the case of Metroban8, the S2 said that it is
a double effort. 1he Supreme 2ourt said, :Jhile it is true that petitioner
Metroban8 can no longer collect private respondentXs civil liability on
the basis of the criminal case filed, it could nonetheless collect the said
civil liability prayed for on the basis of the non=payment of the loan
contracted by respondent spouses from the ban8. 1here appear to be no
sound reasons to reAuire a separate civil action to still be filed
considering that the facts to be proved in the civil case have already been
established in the criminal proceedings where the accused was acAuitted.
1o reAuire a separate civil action simply because the accused was
acAuitted would mean needless clogging of court doc8ets and
unnecessary duplication of litigation with all its attendant loss of time,
effort, and money on the part of all concerned.9 1his was the 1$.0
+ules.
F: ?ow, is that rule still valid under the &((( +ulesO
*: 1he new rule is silent. 1here is nothing here that says that the
accused may be acAuitted but found civilly liable unli8e the 1$.0 +ules.
7t only says that in case of acAuittal, the judgment should state whether
the acAuittal is based merely on reasonable doubt or the prosecution
absolutely failed to prove the guilt of the accused. 7n either case, the
judgment shall determine if the act or omission from which the civil
liability might arise does not e@ist. -ut as it is worded now, it would
seem, you should file a separate civil case. *nd the practice of holding
the accused liable civilly in a criminal case where he is acAuitted, seems
to be no longer possible.
Cnder the new rules, just acAuit let him file a separate civil case.
1he old rule is simplier: ?o needV <un na mismo sa criminal case
acAuit him but ma8e him civilly liable. -ut now, the language is
different. 7t is a radical departure from the 1$.0 rules.
S52. '. >udgment for two or more offenses. Jhen two
or more offenses are charged in a single complaint or
information but the accused fails to object to it before trial,
the court may convict him of as many offenses as are charged
and proved, and impose on him the penalty for each offense,
setting out separately the findings of fact and law in each
offense. 'a)
E@ects when 2omplaint or Information is Duplicitous
1. (eneral )ule%
1. W)en " or more oBen&e& are c)ar(ed in a &in(le
in+orma%ion# acc&ed
ma/ !le a mo%ion %o ;a&) %)e &ame Ae+ore %rial
2. E@ect of failure to fle a motion to ?uash a duplicitous
information efore trial%
1. T)e acc&ed i& deemed %o )a$e 7ai$ed %)e de+ec%#
". T)e cor% ma/M
1. con$ic% )im o+ a& man/ oBen&e& a& are c)ar(ed and
'ro$ed# and
". im'o&e on )im %)e 'enal%/ +or eac) oBen&e# &e%%in(
o% &e'ara%el/
%)e !ndin(& o+ +ac% and la7 in eac) oBen&e
1. 'ailure to o"ect to charges
People 0. <ira
#36 S2)& 13#
4a! 21, 266#
En 7anc% 2alle"o, Sr., 8.
'acts%
Acc&ed 7a& c)ar(ed in one in+orma%ion +or 'o&&e&&ion o+
K&)aAL# a re(la%ed dr( and +or 'o&&e&&ion o+ mariEana# a
'ro)iAi%ed dr(. W)ile %)e %rial cor% con$ic%ed )im o+ ille(al
'o&&e&&ion o+ K&)aAL# %)e Solici%or General a&&er%& %)a% )e
&)old Ae con$ic%ed o+ ille(al 'o&&e&&ion o+ mariEana.
Issue%
W)o i& correc%J
9eld%
<o%) are 7ron(. T)ere are " &e'ara%e crime&M 2a3 'o&&e&&ion
o+ a re(la%ed dr( 4&)aA5 nder Sec. 18 o+ R.A. 8,"-# and# 2A3
'o&&e&&ion o+ a 'ro)iAi%ed dr( 4mariEana5 nder Sec. D.
Al%)o() onl/ one in+orma%ion 7a& !led a(ain&% acc&ed# )e cold
&%ill Ae %ried and con$ic%ed +or %)e crime& alle(ed %)erein and
'ro$ed A/ %)e 'ro&ec%ion. Acc&ed &)old )a$e !led a mo%ion %o
;a&) Ae+ore arrai(nmen% nder Sec. *# Rle 11= o+ %)e Rle& o+
Cor%. Since )e +ailed %o do &o# nder Rle 1"># Sec. *# )e ma/ Ae
con$ic%ed o+ %)e " crime& c)ar(ed.
,etLs go bac8 to +ule 11( on duplicitous complaint or information.
Cnder Section ' of +ule 11(, this is defined as a complaint or
information which charges more than one offense. 1his is not allowed.
*nd the remedy here is you file a Motion to Fuash under Section ' GfH,
+ule 114.
-ut the defect is waivable because if you do not file a Motion to
Fuash, the trial can proceed and if you are found guilty for committing &
or more crimes, then there will be & or more penalties. Cnder Section ',
the court may convict the accused of as many offenses as are charged
and proved and impose on him the penalty for each offense if the
accused fails to object the duplicitous complaint before the trial.
S52. #. >udgment in case of variance between allegation
and proof. Jhen there is variance between the offense
charged in the complaint or information and that proved, and
the offense as charged is included in or necessarily includes
the offense proved, the accused shall be convicted of the
offense proved which is included in the offense charged, or of
the offense charged which is included in the offense proved.
#a)
)ules in 2ase of Dariance
1. Situation%
1. T)ere i& $ariance Ae%7eenM
1. %)e oBen&e c)ar(ed in %)e com'lain% or in+orma%ion#
and
". %)a% 'ro$ed a+%er %)e %rial9 and
". T)e oBen&e a& c)ar(ed i& inclded in or nece&&aril/
inclde& %)e oBen&e
'ro$ed
2. E@ects + the accused shall e con0icted of%
1. T)e oBen&e 'ro$ed 7)ic) i& inclded in %)e oBen&e
c)ar(ed# or
". T)e oBen&e c)ar(ed 7)ic) i& inclded in %)e oBen&e
'ro$ed
1. 2on0iction for gra0er o@ense
a. )ape
People 0. Hucas
232 S2)& 33:
4a! 23, 155#
'irst Di0ision% Da0ide, 8r., 8.
Issue%
1a/ an acc&ed c)ar(ed 7i%) a%%em'%ed ra'e Ae con$ic%ed
o+ con&mma%ed ra'e a& 'ro$ed A/ %e&%imon/ drin( %)e %rial %)a%
7a& no% oAEec%ed %o A/ acc&edJ
9eld%
No# a& %)i& 7old Ae in $iola%ion o+ Sec. ,# Rle 1"> o+ %)e
Rle& o+ Cor%. T)e oBen&e c)ar(ed in %)e in+orma%ion 2a%%em'%ed
ra'e3 i& nece&&aril/ inclded in %)e oBen&e 'ro$ed 2con&mma%ed
ra'e3. Accordin(l/. Acc&ed &)old Ae con$ic%ed o+ a%%em'%ed
ra'e onl/.
. <heft
People 0. Sala/ar
2:: S2)& =:
&ugust 11, 155:
<hird Di0ision% Panganian, 8.
Issue%
1a/ an acc&ed c)ar(ed 7i%) %)e+% o+ a 'i&%ol 7or%) P8#>>>
Ae con$ic%ed o+ %)e (ra$er oBen&e o+ %)e+% o+ &aid 'i&%ol 7or%)
P8#->> 7)ere )e +ail& %o oAEec% %o %)e e$idence a& %o %)e $ale o+
%)e (nJ
9eld%
Ye&. W)ile i% 7a& 'ro$en drin( %)e %rial %)a% %)e &%olen 'i&%ol
7a& 7or%) P8#->># %)e in+orma%ion 'laced %)e $ale a% P8#>>>
onl/. 0o7e$er# %)e acc&ed did no% oAEec% %o %)e )i()er $ala%ion
and i& %)& deemed %o )a$e 7ai$ed )i& ri()% %o a$ail o+ %)e lo7er
'enal%/ nder Ar%. *>F4*5 o+ %)e Re$i&ed Penal Code.
Con&e;en%l/# )e ma/ Ae 'enali6ed +or %)e+% nder Ar%. *>F2"3 o+
%)e &aid Code.
c. Illegal recruitment
People 0. )e!es
2#2 S2)& 2=#
4arch 5, 1553
Second Di0ision% 4endo/a, 8.
Issue%
1a/ an acc&ed c)ar(ed &e'ara%el/ in &e$eral in+orma%ion&
+or &im'le ille(al recri%men% 'endin( Ae+ore %)e &ame cor% Ae
con$ic%ed o+ ille(al recri%men% in a lar(e &cale nder Ar%. *D 2A3
o+ %)e LaAor CodeJ
9eld%
No. T)e diBeren% ca&e& o+ &im'le ille(al recri%men% canno%
Ae %aIen in%o accon% +or %)e 'r'o&e o+ Ar%. *D2A3. W)en %)e
LaAor Code &'eaI& o+ ille(al recri%men% Kcommi%%ed a(ain&% * or
more 'er&on& indi$idall/ or a& a (ro'#L i% m&% Ae nder&%ood
a& re+errin( %o %)e nmAer o+ com'lainan%& in eac) ca&e 7)o are
com'lainan%& %)erein# o%)er7i&e# 'ro&ec%ion& +or &in(le crime& o+
ille(al recri%men% can Ae cmla%ed %o maIe o% a ca&e o+ lar(e
&cale ille(al recri%men%. In o%)er 7ord&# a con$ic%ion +or lar(e
&cale ille(al recri%men% m&% Ae Aa&ed on a !ndin( in eac) ca&e
o+ ille(al recri%men% o+ * or more 'er&on& 7)e%)er indi$idall/ or
a& a (ro'.
2. 2on0iction for lesser o@ense
a. Hesser o@ense has prescried
4agat 0. People
261 S2)& 21
&ugust 21, 1551
<hird Di0ision% (utierre/, 8.
Issue%
Under Sec. ,# Rle 1"># o+ %)e Rle& o+ Cor%# ma/ an
acc&ed Ae con$ic%ed o+ a le&&er oBen&e nece&&aril/ inclded in
%)e oBen&e c)ar(ed i+ %)e +ormer )ad alread/ 're&criAed a% %)e
%ime o+ %)e in&%i%%ion o+ %)e com'lain%J
9eld%
No. I% 7a& &%a%ed in Franci&co $&. CA 21"" SCRA -*D 41FD*53M
KA& a (eneral rle# one indic%ed +or an oBen&e no%
Aarred A/ limi%a%ion# A% con$ic%ed o+ a le&&er inclded oBen&e
7)ic) i& &o Aarred# i& en%i%led %o di&c)ar(e. I% +re;en%l/ )a''en&
%)a% a c)an(e o+ +elon/ inclde& an oBen&e o+ a lo7er (rade 7i%)
a diBeren% 'eriod o+ limi%a%ion# &o %)a%# 7)ile %)e +elon/ i& no%
Aarred# %)e &%a%%e )a& rn a& %o %)e le&&er oBen&e. In %)i&
&i%a%ion# %)e rle i& %)a% i+ %)e &%a%%e )a& no% rn a(ain&% %)e
+elon/# 7)ile %)e le&&er oBen&e i& Aarred# %)e Aar canno% Ae
e$aded A/ indic%in( %)e de+endan% +or %)e +elon/ and con$ic%in(
)im o+ %)e le&&er oBen&e.L 2S%a%e $. Hin(# D, SE "d *1*9 ,= ALR "d
D=D a% ''. -,-C-,83.
. HacB of "urisdiction o0er lesser o@ense
Pangilinan 0. 2&
321 S2)& 31
Decemer 1:, 1555
'irst Di0ision% ;apunan, 8.
Issue%
1a/ %)e RTC con$ic% an acc&ed o+ a le&&er oBen&e inclded
in %)e oBen&e c)ar(ed# nder Sec. ,# Rle 1"> o+ %)e Rle& o+
Cor%# e$en i+ %)e le&&er oBen&e +all& 7i%)in %)e Eri&dic%ion o+ %)e
1TCJ
9eld%
No. Sec. ,# Rle 1"> a''lie& eGcl&i$el/ %o ca&e& 7)ere %)e
oBen&e a& c)ar(ed i& inclded in or nece&&aril/ inclde& %)e
oBen&e 'ro$ed. I% 're&''o&e& %)a% %)e cor% renderin( Ed(men%
)a& Eri&dic%ion o$er %)e ca&e Aa&ed on %)e alle(a%ion& in %)e
in+orma%ion. 0o7e$er# in %)i& ca&e# +rom %)e on&e% o+ %)e criminal
'roceedin(&# %)e RTC )ad no Eri&dic%ion %o )ear and decide %)e
ca&e.
Je will go to this basic principle:
Mr. 2aliBo is charged in an information of committing one crime.
Dowever, during the trial, what was proven is another crime. Jhat will
happen nowO Jell, we will have to as8 this Auestion
F: 7s the offense proven included in the offense charged or does the
offense proven includes the offense chargedO
*: 7f I5S, then apply Section #. Iou convict the accused of the
offense proved which is included in the offense charged, or of the
offense charged which is included in the offense proved.
F: Jhat if 8ung malayong=malayoO 1he crime proved is different
from the crime charged li8e for e@ample: 1he crime charged is homicide
and what is proved is robbery. Jhat will happenO Jill you apply
Section 1# of +ule 11( on substitution of informationO
*: ?o, you will not apply +ule 11( Section 1# because we are already
through with that stage. Je are now in the trial stage where the crime
proved is different from the crime charged. 1herefore, the proper remedy
here is Section 1$ of +ule 11$, last paragraph:
+C,5 11$, S52. 1$. Jhen mista8e has been made in
charging the proper offense. Jhen it becomes manifest at
any time before judgment that a mista8e has been made in
charging the proper offense and the accused cannot be
convicted of the offense charged or any other offense
necessarily included therein, the accused shall not be
discharged if there appears good cause to detain him. 7n such
case, the court shall commit the accused to answer for the
proper offense and dismiss the original case upon the filing
of the proper information. 11a)
G5ditor: 1ry to correlate this with Section 1#, +ule 11(. 1hey are
similar. -ut for clearer understanding, please go bac8 to Section 1$,
+ule 11$ in the case of %*,;5M on the distinctions between these two
provisions. 1han8sVH
S52. 0. Jhen an offense includes or is included in
another. *n offense charged necessarily includes the
offense proved when some of the essential elements or
ingredients of the former, as alleged in the complaint or
information, constitute the latter. *nd an offense charged is
necessarily included in the offense proved, when the essential
ingredients of the former constitute or form part of those
constituting the latter. 0a)
)ules%
1. &n o@ense charged necessaril! includes the o@ense
pro0ed%
W)en &ome o+ %)e e&&en%ial elemen%& or in(redien%& o+ %)e
oBen&e
c)ar(ed# a& alle(ed in %)e com'lain% or in+orma%ion#
con&%i%%e %)e oBen&e
'ro$ed
2. &n o@ense charged is necessaril! included in the
o@ense pro0ed
W)en %)e e&&en%ial in(redien%& o+ %)e oBen&e c)ar(ed
con&%i%%e or +orm
'ar% o+ %)o&e con&%i%%in( %)e oBen&e 'ro$ed
1. 9omicide and recBless imprudence
4agno 0. People
#1# S2)& 2#=
Actoer 23, 2663
Second Di0ision% 2alle"o, Sr., 8.
Issue%
1a/ an acc&ed c)ar(ed 7i%) )omicide Ae con$ic%ed o+
recIle&& im'rdence re&l%in( in )omicideJ
9eld%
Ye&. Sec. , and - o+ Rle 1"> o+ %)e Rle& o+ Cor% allo7&
con$ic%ion o+ %)e acc&ed +or %)e oBen&e 'ro$ed 7)ic) i& inclded
in %)e oBen&e c)ar(ed. T)e quasi oBen&e o+ recIle&& im'rdence
re&l%in( in )omicide i& nece&&aril/ inclded in a c)ar(e o+
mrder. W)ile a criminal ne(li(en% ac% i& no% a &im'le modali%/ o+
a 7il+l crime# A% a di&%inc% crime in i%&el+# de!ned a& an oBen&e
in %)e Re$i&ed Penal Code# i% ma/# )o7e$er# Ae &aid %)a% a
con$ic%ion +or %)e +ormer can Ae )ad nder an in+orma%ion
eGcl&i$el/ c)ar(in( %)e commi&&ion o+ a 7il+l oBen&e 'on %)e
%)eor/ %)a% %)e (rea%er inclde& %)e le&&er oBen&e.
F: Jhen does an offense include another, or when is it included in the
otherO
*: Section 0, +ule 1&(.
Eor e@ample, Mr. 1iamBon is charged with MC+<5+ and what is
established is D"M727<5. Domicide is included in the crime of murder.
1he elements are identical. 1he only difference is that there are no
Aualifying circumstances in homicide. "r, 1D5E1 is included in
+"--5+I. 1he only missing element in theft is violence or
intimidation. "r, ,5SS !DIS72*, 7?>C+I is included in S5+7"CS
!DIS72*, 7?>C+I.
7n that case, the case will not be dismissed. >ust convict the accused of
the crime proven which is included in the crime charged. Such that if
you are charged with murder, you can be convicted for homicide.
F: Suppose the accused is charged with homicide and what was
proven is murder. So it is the other way around. Jhat is the correct
procedureO
*: 2onvict him for the crime charged. <o not dismiss the case.
*lthough the crime proved murder) includes that which is charged
homicide), a person cannot be convicted of a more serious offense than
that charged. 1he accused can only be convicted for homicide and the
Aualifying circumstances of murder should be treated only as an
ordinary aggravating circumstances. 1he same is true with theft and
robbery. Gc.f. discussions on Section ., +ule 11(H
Je will now go to some important cases.
;7?" vs. !5"!,5 "E 1D5 !D7,7!!7?5S
14. S2+* /&/
E*21S: Mr. *celar is accused of murder as principal by
direct participation. *fter trial, it was established that Mr. *celar
is only an accessory.
7SSC5: 2an a person accused of murder as a principal may be
convicted as an accessoryO
D5,<: I5S, a person charged with an offense as principal
maybe convicted as an accessory because the greater
responsibility includes the lesser responsibility. *ccessory is a
lesser degree of participation.
1his is not a case of a variance between the offense charged
and the offense proved. Dere, the accused was charged with
murder and what was established by evidence was also murder.
1here is here no mista8e in charging the proper offense. 1he
variance is in the participation of the accused in the commission
of the crime which is not covered by any specific provision.
Jhat is covered by the rules is when there is a mista8e in
charging the proper offense, or when there is a total mista8e
because the crime was never committed.
F: Jhat is the difference between malversation and technical
malversationO
*: *lthough both crimes are committed by public officers,
malversation is punishable under *rticle &14 of the +!2, whereas,
technical malversation is not referred as such in the +!2. 1echnical
malversation is denominated as 7llegal Cse of !ublic Eunds under
*rticle &&( of the +!2.
5P*M!,5: 1echnical malversation)7llegal Cse of !ublic Eund is
when a public officer uses funds appropriated for a certain public
purpose letLs say, for the construction of a school building) for another
public purpose li8e widening or cementing of roads.)
!*+C?%*" vs. S*?<7%*?-*I*?
1$4 S2+* 14'
E*21S: * public officer was charged with technical
malversation of public funds or property. 1he trial court found
that the crime committed is not technical malversation. 7t is
more of malversation.
7SSC5: May a person, charged with technical malversation
under *rticle &&( of the +!2, be found guilty of malversation
under *rticle &14O
D5,<: ?". De cannot be convicted of malversation because
there is no similarity between these two crimes. :7n
malversation of public funds, the offender misappropriates
public funds for his own personal use or allows any other person
to ta8e such public funds for the latterXs personal use. 7n
technical malversation, the public officer applies public funds
under his administration not for his or anotherLs personal use,
but to a public use other than that for which the fund was
appropriated by law or ordinance.9
:1echnical malversation is, therefore, not included in nor does
it necessarily include the crime of malversation of public funds
charged in the information.9
:1he Sandiganbayan therefore erred in not ordering the filing
of the proper information against the petitioner, and in
convicting him of technical malversation in the original case for
malversation of public funds. "rdinarily, the courtLs recourse
would be to acAuit the petitioner of the crime of illegal use of
public funds without prejudice, but subject to the laws on
prescription, to the filing of a new information for such
offense.9
:2onsidering however that all the evidence given during the
trial in the malversation case is the same evidence that will be
presented and evaluated to determine his guilt or innocence in
the technical malversation case in the event that one is filed and
in order to spare the petitioner from the rigors and harshness
compounded by another trial, not to mention the unnecessary
burden on our overloaded judicial system, the 2ourt acAuitted
the accused of the crime of illegal use of public funds.9
-ut >ustice Eeliciano dissented, :Jhy Auestion the procedure used for
violation the lawO9 *nong 8laseng decision itoO 5ven before filing the
correct information, the S2 already ruled that you are innocentO
*ccording to him, the correct procedure is not to dismiss both cases but
to acAuit the accused of the original complaint of technical malversation
and reAuire the filing of a new information charging the proper offense
malversation). So this is one of the rare cases where the S2 decided not
to be very technical and went straight to the decision. Siguro the S2
would li8e to save time.
F: 7f a person is charged with rape, can he be convicted of Aualified
seductionO 7s Aualified seduction included in rapeO
*: 7t seems that the elements are different. 7n rape, there is no consent
in the se@ual intercourse. -ut in seduction, there is consent although
there is abuse of authority, relationship or there is deceit. -ut in the
1$$' case of
!5"!,5 vs. SC-7?%=SC-7?%
&&. S2+* 1/.
D5,<: :* person charged with rape can be convicted of
Aualified seduction if the latter though not alleged in the
complaint, appears in the victimLs affidavit.9
7t seems that there is something wrong here3 the complaint says rape,
but the victimLs affidavit says Aualified seduction. Dowever the S2 says
it is fine. 7t is tantamount to the same thing: not found in the complaint
but found in the victimLs affidavit. 1his is another Aueer decision of the
S2.
!52D" vs. S*?<7%*?-*I*?
&'. S2+* 11/
E*21S: 1here was somebody who imported highly ta@able
items. "bviously, he had some connections with the -ureau of
2ustoms. De declared his items different form which he
brought, so the ta@es are less. 1he obvious intention it to cheat
the government of the correct amount of ta@es. De prepared the
import entry declaring false information or entries. Dowever,
the 2ollector of 2ustoms ordered a spot inspection. So the
attempt did not succeed.
1he importer, together with the 2ustoms people were charged
with attempted violation of the *nti=%raft *ct. So, there was an
attempt to cause undue injury to the government by depriving it
of its proper ta@es.
7SSC5: 2an a person charged with a crime punishable under a
special law be found guilty instead of a felony in the +!2O 2an
a crime under the +!2 be considered as included in the crime
under a special lawO
D5,<: 1here is no such thing as attempted violation of the
*nti=%raft *ct. 1he attempted, frustrated and consummated
stages only apply to felonies in the +!2. Cnder crimes
punishable by a special law, you only punish the consummated
stage. Iou do not punish the attempted and frustrated stages
unless the special law says so. Since there was no injury caused
to the government due to the time discovery, there was no
violation of the *nti=%raft *ct.
Dowever, they made false entries, thereby committing
falsification. 1herefore, they can be convicted of falsification of
public or commercial documents.
So in this case, it started as attempted violation of the *nti=%raft *ct
special law) and ended up as a conviction for falsification under the
+!2. * crime under the +!2 was considered as included in the crime
malum prohibitum
!5"!,5 vs. ;5+M"S*
&$# S2+* #// G1$$.H
E*21S: *ppellants were charged for violating !< 0'& *nti=
!iracy *nd *nti=Dighway +obbery ,aw "f 1$4#.
7SSC5: 2an a person charged for violating a special law be
found guilty for a crime of robbery with homicide under the
+!2O
D5,<: I5S. Jhat appellants committed is the crime of
robbery with homicide, which is distinct from the offense
covered by !.<. 0'& which punishes, among others,
indiscriminate highway robbery.
:?onetheless, the designation of the crime in the information
as :highway robbery with homicide ;iolation of !< 0'&)9 does
not preclude conviction of the appellants of the crime of robbery
with homicide *rticle &$# G1H of the +!2). 7n the interpretation
of an information, what controls is not the designation but the
description of the offense charged. 1he crime of robbery with
homicide is clearly alleged in the information notwithstanding
its erroneous caption. 7t is an offense necessarily included in
that with which they were charged.9
S52. /. !romulgation of judgment. 1he judgment is
promulgated by reading it in the presence of the accused and
any judge of the court in which it was rendered. Dowever, if
the conviction is for a light offense, the judgment may be
pronounced in the presence of his counsel or representative.
Jhen the judge is absent or outside the province or city, the
judgment may be promulgated by the cler8 of court.
7f the accused is confined or detained in another province
or city, the judgment may be promulgated by the e@ecutive
judge of the +egional 1rial 2ourt having jurisdiction over the
place of confinement or detention upon reAuest of the court
which rendered the judgment. 1he court promulgating the
judgment shall have authority to accept the notice of appeal
and to approve the bail bond pending appeal3 provided, that if
the decision of the trial court convicting the accused changed
the nature of the offense from non=bailable to bailable, the
application for bail can only be filed and resolved by the
appellate court.
1he proper cler8 of court shall give notice to the accused
personally or through his bondsman or warden and counsel,
reAuiring him to be present at the promulgation of the
decision. 7f the accused was tried in absentia because he
jumped bail or escaped from prison, the notice to him shall
be served at his last 8nown address.
7n 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
doc8et and serving him a copy thereof at his last 8nown
address or thru his counsel.
7f 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. Jithin fifteen 10) days from
promulgation of judgment, however, the accused may
surrender and file a motion for leave of court to avail of these
remedies. De 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 10) days from notice. /a)
Promulgation of 8udgment
1. 9ow "udgment is promulgated%
1. (eneral )ule + A/ readin( i% in %)e 're&ence o+M
1. %)e acc&ed# and
". an/ Ed(e o+ %)e cor% in 7)ic) i% 7a& rendered
2. E*ceptions%
1. If the con0iction is for a light o@ense + i% ma/ Ae
'rononced in
%)e 're&ence o+ )i& con&el or re're&en%a%i$e
2. When the "udge is asent or outside the
pro0ince or cit! + i% ma/
Ae 'roml(a%ed A/ %)e clerI o+ cor%
3. If the accused is confned or detained in
another pro0ince or cit!
+ i% ma/ Ae 'roml(a%ed A/ %)e eGec%i$e Ed(e o+ %)e
RTC )a$in(
Eri&dic%ion o$er %)e 'lace o+ con!nemen% or de%en%ion
'on re;e&%
o+ %)e cor% 7)ic) rendered %)e Ed(men%.
#. In case the accused fails to appear at the
scheduled date of
promulgation of "udgment despite notice + i% &)all
Ae made A/
recordin( %)e Ed(men% in %)e criminal docIe% and
&er$in( )im a co'/ %)ereo+ a% )i& la&% Ino7n addre&& or
%)r )i& con&el.
2. <he court promulgating the "udgment shall ha0e
authorit! to%
1. Acce'% %)e no%ice o+ a''ea# and
". To a''ro$e %)e Aail Aond 'endin( a''eal
<% i+ %)e deci&ion o+ %)e %rial cor% con$ic%in( %)e
acc&ed c)an(ed
%)e na%re o+ %)e oBen&e +rom nonCAailaAle %o AailaAle T
%)e
a''lica%ion +or Aail can onl/ Ae !led and re&ol$ed A/ %)e
a''ella%e
cor%.
3. Dut! of clerB of court efore promulgation + (i$e no%ice
%o %)e acc&ed re;irin( )im %o Ae 're&en% a% %)e 'roml(a%ion#
ei%)erM
1. Per&onali%/# or
". T)ro() )i& Aond&man or 7arden and con&el# or
*. Ser$ed a% )i& la&% Ino7n addre&&# i+ %)e acc&ed 7a& %ried
in aA&en%ia
Aeca&e )eM
1. Em'ed Aail# or
". e&ca'ed +rom 'ri&on
)ules with )espect to &ccused <ried in &sentia
1. <he notice re?uiring the accused to e present at
promulgation shall e ser0ed at his last Bnown address T i+
%)e acc&ed 7a& %ried in absentia Aeca&e )eM
1. Em'ed Aail# or
". e&ca'ed +rom 'ri&on
2. If the accused fails to appear at the scheduled date of
promulgation of "udgment despite notice + %)e 'roml(a%ion
&)all Ae made A/M
1. recordin( %)e Ed(men% in %)e criminal docIe%# and
". &er$in( )im a co'/ %)ereo+ a% )i& la&% Ino7n addre&& or
%)ro() )i&
con&el
3. If the "udgment is for con0iction and the failure of the
accused to appear was without "ustifale cause%
1. )e &)all lo&e %)e remedie& a$ailaAle in %)e&e rle& a(ain&%
%)e Ed(men%#
&c) a&M
1. a''eal#
". ne7 %rial# and
*. recon&idera%ion9 and
". %)e cor% &)all order )i& arre&%
#. Hast chance for accused to a0ail of ao0e remediesM
re?uisites%
1. Wi%)in 1- da/& +rom 'roml(a%ion o+ Ed(men%# %)e
acc&edM
1. &rrender&# and
". !le& a mo%ion +or lea$e o+ cor% %o a$ail o+ &aid
remedie&9
". 0e m&% &%a%e %)e rea&on& +or )i& aA&ence a% %)e
&c)edled
'roml(a%ion9
*. 0e m&% 'ro$e %)a% )i& aA&ence 7a& +or a E&%i!aAle
ca&e#
,. 0e &)all onl/ Ae (i$en 1- da/& +rom no%ice %o a$ail o+ &aid
remedie&
1. &sence of accused
Pascua 0. 2&
3#1 S2)& 15:
Decemer 1#, 2666
<hird Di0ision% 4elo, 8.
,uestion%
W)en ma/ Ed(men% Ae 'roml(a%ed de&'i%e %)e aA&ence o+
%)e acc&edJ
&nswer%
.d(men% in a criminal ca&e m&% Ae 'roml(a%ed in %)e
're&ence o+ %)e acc&ed# eGce'% 7)ere i% i& +or a li()% oBen&e# in
7)ic) ca&e i% ma/ Ae 'rononced in %)e 're&ence o+ )i& con&el
or re're&en%a%i$e# and eGce'% 7)ere %)e Ed(men% i& +or ac;i%%al#
in 7)ic) ca&e %)e 're&ence o+ %)e acc&ed i& no% nece&&ar/.
LiIe7i&e# re(ardle&& o+ %)e (ra$i%/ o+ %)e oBen&e# nder Sec. 8#
Rle 1"># i+ acc&ed +ail& %o a''ear de&'i%e no%ice# Ed(men% ma/
Ae 'roml(a%ed in aA&en%ia# 'ro$idedM 2a3 %)a% %)e Ed(men% Ae
recorded in %)e criminal docIe%9 and 2A3 %)a% a co'/ %)ereo+ &)all
Ae &er$ed 'on %)e acc&ed or con&el.
2. Where "udgment is ac?uittal
2ru/ 0. Pascual
2## S2)& 111
4a! 12, 1553
'irst Di0ision% 7ellosillo, 8.
Issue%
1a/ a Ed(men% o+ ac;i%%al Ae 'roml(a%ed in %)e aA&ence
o+ acc&ed and )i& con&elJ
9eld%
Ye&. In a $erdic% o+ ac;i%%al# %)e 're&ence o+ acc&ed i& no%
indi&'en&aAle &ince no a''eal i& nece&&ar/ and %)e Ed(men%
Aecome& !nal and eGec%or/ immedia%el/ a+%er 'roml(a%ion. T)e
readin( o+ %)e &en%ence in o'en cor% %o acc&edP& con&el or
(i$in( a co'/ o+ %)e deci&ion %o acc&ed or )i& con&el i& &?cien%
'roml(a%ion.
E$en in %)e 'roml(a%ion o+ %)e Ed(men% o+ con$ic%ion# %)e
're&ence o+ acc&ed i& no% nece&&ar/ i+ %)e con$ic%ion i& +or a li()%
oBen&e ina&mc) a& %)e Ed(men% ma/ Ae read %o )i& con&el or
re're&en%a%i$e# or i+ acc&ed i& %ried in aA&en%ia or +ail& %o a''ear
and %)e 'roml(a%ion i& done in aA&en%ia# %)e 'roml(a%ion &)all
con&i&% in %)e recordin( o+ %)e Ed(men% in %)e criminal docIe%
and a co'/ %)ereo+ &er$ed 'on acc&ed or )i& con&el.
3. )eason for presence of accused
Pascua 0. 2&
3#1 S2)& 15:
Decemer 1#, 2666
<hird Di0ision% 4elo, 8.
,uestion%
W)a% i& %)e rea&on +or re;irin( %)e 're&ence o+ %)e acc&ed
drin( 'roml(a%ion o+ Ed(men%J
&nswer%
In 4.!. v. ?eecham, 2"D P)il. "-D3# %)e Cor% &%a%ed %)e
rea&on& +or re;irin( %)e a%%endance o+ acc&ed in ca&e o+
con$ic%ion +or a (ra$e or le&& (ra$e oBen&e# &o %)a%M 415 acc&ed
ma/ Ae iden%i!ed A/ %)e cor% a& %)e real 'ar%/ adEd(ed %o Ae
'ni&)ed9 4"5 acc&ed ma/ )a$e a c)ance %o 'lead or mo$e in
arre&% o+ Ed(men%9 4*5 )e ma/ )a$e an o''or%ni%/ %o &a/ 7)a%
)e can &a/ 7)/ Ed(men% &)old no% Ae (i$en a(ain&% )im9 and
4,5 %)e eGam'le o+ acc&ed# 7)o i& +ond (il%/ o+
mi&demeanor& o+ a (ro&& and 'Alic Iind ma/ %end %o de%er
o%)er& +rom %)e commi&&ion o+ &imilar oBen&e&.
#. )ight to appeal of asent accused
4oslares 0. 2&
251 S2)& ##6
8une 2=, 1551
Second Di0ision% 4elo, 8.
Issue%
Doe& an acc&ed 7)o nE&%i!aAl/ +ail& %o a''ear drin(
'roml(a%ion lo&e )i& ri()% %o a''ealJ
9eld%
No. T)e la&% &en%ence o+ Sec. 8# Rle 1"> o+ %)e Re$i&ed
Rle& on Criminal Procedre &%a%e& %)a% Ki+ %)e Ed(men% i& +or
con$ic%ion# and %)e +ailre o+ %)e acc&ed %o a''ear 7a& 7i%)o%
E&%i!aAle ca&e# %)e cor% &)all +r%)er order %)e arre&% o+ %)e
acc&ed# 7)o ma/ a''eal 7i%)in 1- da/& +rom no%ice o+ %)e
deci&ion %o )im or )i& con&el.L T)i& mean& %)a% 7)e%)er or no%
%)e aA&ence o+ %)e acc&ed drin( 'roml(a%ion i& E&%i!ed# %)e
ri()% %o a''eal i& no% lo&%# %)e onl/ re;iremen% Aein( %)a% %)e
no%ice o+ a''eal m&% Ae !led 7i%)in 1- da/& +rom no%ice o+ %)e
Ed(men%.
3. )ecording in criminal docBet
Pascua 0. 2&
3#1 S2)& 15:
Decemer 1#, 2666
<hird Di0ision% 4elo, 8.
'acts%
On 1a/ -# 1FFD# %)e cor% 'roml(a%ed %)e deci&ion
con$ic%in( acc&ed o+ "8 con%& o+ $iola%ion o+ <.P. "". T)e
di&'o&i%i$e 'or%ion 7a& read in %)e 're&ence o+ com'lainan%#
'Alic 'ro&ec%or and con&el +or %)e acc&ed# %)o() acc&ed
)er&el+ 7a& aA&en%. All# eGce'% %)e acc&ed# recei$ed 7ri%%en
co'ie& o+ %)e deci&ion. On .ne D# 1FFD acc&ed !led a no%ice o+
c)an(e o+ )er addre&& 7i%) %)e cor% and a&Ied +or %)e li+%in( o+
%)e 7arran% +or )er arre&%. On .ne ""# 1FFD# &)e !led a no%ice o+
a''eal. 0o7e$er# a& o+ Oc%. "D# 1FFD# %)e Ed(men% 7a& no%
recorded in %)e criminal docIe% o+ %)e RTC.
Issue%
Wa& %)ere &A&%an%ial com'liance 7i%) Sec. 8 Rle 1"> o+ %)e
Rle& o+ Cor%J
9eld%
No. W)ere %)e Ed(men% i& 'roml(a%ed in aA&en%ia# all
mean& o+ no%i!ca%ion m&% Ae done %o le% %)e aA&en% acc&ed
Ino7 o+ %)e Ed(men% o+ cor%. T)e mean& 'ro$ided A/ %)e Rle&
areM 415 %)e ac% o+ (i$in( no%ice %o all 'er&on& or %)e ac% o+
recordin( or re(i&%erin( %)e Ed(men% in %)e criminal docIe%
27)ic) Sec. 8 men%ion& !r&% &)o7in( i%& im'or%ance39 and 4"5 %)e
ac% o+ &er$in( a co'/ %)ereo+ 'on %)e acc&ed 2a% )i& la&% Ino7n
addre&&3 or )i& con&el. In a &cenario 7)ere %)e 7)ereaAo%& o+
%)e acc&ed are nIno7n 2a& 7)en )e i& a% lar(e3# %)e recordin(
&a%i&!e& %)e re;iremen% o+ no%i+/in( %)e acc&ed o+ %)e deci&ion
7)ere$er )e ma/ Ae.
=. Presence of counsel of accused
8amiliano 0. 2ue0as
132 S2)& 131
8ul! 23, 151:
'irst Di0ision% Paras, 8.
Issue%
1a/ an acc&ed !le a mo%ion +or ne7 %rial or recon&idera%ion
"* da/& a+%er %)e deci&ion 7a& 'roml(a%ed %o )im 7i%)o% )i&
con&el# A% 1- da/& +rom &er$ice o+ &aid deci&ion %o )i& con&elJ
9eld%
No. Under Sec. 8# Rle 1"># a $alid 'roml(a%ion 7old Ae a
readin( o+ %)e &en%ence or Ed(men% in %)e 're&ence o+ %)e
acc&ed and an/ Ed(e o+ %)e cor% in 7)ic) i% 7a& rendered. Sec.
8 doe& no% re;ire %)e 're&ence o+ con&el +or %)e $alidi%/ o+ %)e
'roml(a%ion.
:. &sence of o@ended part!
Paga!ao 0. Iming
3=3 S2)& 2=
&ugust 13, 2661
En 7anc% ;apunan, 8.
Issue%
1a/ %)e cor% 'roml(a%e %)e Ed(men% e$en in %)e aA&ence
o+ %)e 'ri$a%e oBended 'ar%/J
9eld%
Ye&. T)e a%%endance o+ %)e 'ri$a%e oBended 'ar%/ in %)e
'roml(a%ion o+ Ed(men% i& no% nece&&ar/. Onl/ %)e 're&ence o+
%)e acc&ed i& re;ired in %)e 'roml(a%ion o+ Ed(men% in %)e
%rial cor%&.
1. Promulgation of decision on appeal
)eport on the An.the.Spot...
#31 S2)& 366
'eruar! 13, 2663
Second Di0ision% &ustria.4artine/, 8.
,uestion%
1&% an RTC 'roml(a%e i%& Ed(men% in ca&e& decided in %)e
eGerci&e o+ i%& a''ella%e Eri&dic%ionJ
&nswer%
T)ere i& no need %o 'roml(a%e %)e deci&ion in a ca&e
decided A/ %)e RTC A/ $ir%e o+ i%& a''ella%e Eri&dic%ion. T)e
Ed(men% 7)ic) %)e rle re;ire& %o Ae 'roml(a%ed i& %)e
&en%ence rendered A/ %)e %rial cor%# no% %)e Ed(men% o+ %)e
a''ella%e cor% &en% %o %)e %rial cor%# %)e la%%er Aein(
nnece&&ar/ %o Ae 'roml(a%ed %o %)e acc&ed Aeca&e i% i&
're&med %)a% %)e acc&ed or )i& a%%orne/ )ad alread/ Aeen
no%i!ed %)ereo+ A/ %)e a''ella%e cor%. T)e la%%er cor% &end& %)e
co'/ o+ )i& Ed(men% %o %)e %rial cor% no% +or 'roml(a%ion or
readin( %)ereo+ %o %)e acc&ed# A% +or eGec%ion o+ %)e Ed(men%
a(ain&% )im.
*lright. !romulgation is where the accused is parusahan na or
acAuitted. 7t consists of the reading of the decision in the presence of the
accused. 1his is one stage of the criminal proceeding where the presence
of the accused is generally reAuired. 1he other instance is during the
arraignment.
7t is not necessary that the promulgation be made before the very
same judge who rendered the decision. 5@ample: 1he +12 of <avao has
many branches. Suppose the promulgation will be made in the +12
-ranch ., but on the date of promulgation, the judge thereof got sic8.
F: 2an the decision of +12 -ranch . be promulgated before the judge
of +12 -ranch $O
*: I5S, a decision rendered by one branch of a court may be
promulgated before another branch of the same court precisely because
it is the same court although of different branches. Section /, reads:
:1he judgment is promulgated @@@ in the presence of @@@ *?I >C<%5
of the court in which it was rendered.9
<o not confuse this on what happened in the 1$$' case of
!5"!,5 vs. 2E7 "E FC5M"? -+*?2D 1(
&&4 S2+* #04
E*21S: *ccused was charged criminally in the +12 -ranch
1( presided by >udge * who tried the case but retired without
deciding the case. Meanwhile, >udge -, presiding judge of
-ranch ' was designated temporarily to ta8e over -ranch 1(
and among the cases submitted to him for decision was the
undecided case of the accused. So, he read the records and he
wrote the decision on May &&. "n >une $, >udge 2 was
appointed presiding judge of -ranch 1(. De too8 his oath of
office the following day, >une 1(, terminating automatically
the designation of >udge -. Jith the appointment of >udge 2,
>udge - was only left with his original sala -ranch '. "n >une
&(, the deputy cler8 of court promulgated the decision of >udge
- made on May &&.
7SSC5: Jas the judgment penned by >udge -, detailed to the
vacant branch of the court, but promulgated after the permanent
judge has been duly appointed to the vacancy, validO
D5,<: I5S. 7t is valid. >udge - did not retire. De is still in
the S*M5 court although in another branch.
:7t is not necessary that >udge - be the presiding judge of
-ranch 1( at the time his decision was promulgated since even
after the e@piration of his temporary designation at -ranch 1(
he continued to be an incumbent of -ranch '. *fter all, the +12
is divided into several branches, each of the branches is not a
court distinct and separate from the others. >urisdiction is vested
in the court, not in the judges, so that when a complaint or
information is filed before one branch or judge, jurisdiction
does not attach to said branch of the judge alone, to the
e@clusion of the others.9
:7ndeed, it would have been different altogether if the judge
whose decision was promulgated had, prior to its promulgation,
died, resigned, retired, been dismissed, promoted to a higher
court, or appointed to another office with inconsistent functions.
1hen, he would no longer be an incumbent member of a court of
eAual jurisdiction, and his decisions written thereafter would be
invalid.9
F: 7n places where there is only one branch of the +12, no other sala,
who promulgates the decision in case of the absence of the judgeO
*: 1he cler8 of court. Cnder Section /, :Jhen the judge is absent or
outside the province or city, the judgment may be promulgated by the
2,5+6 "E 2"C+1.9
F: Suppose the accused has several cases in different places. ,i8e for
e@ample he has a case in <avao and another in 2ebu. *fter the trial in
<avao, he was sent to 2ebu for another trial. 7n the meantime, tapos na
yung sa <avao, promulgation na lang, but the accused is in 2ebu. Jhat
will happen if there will be a promulgation in the <avao caseO
*: Cnder Section /, the <avao court will send the decision to the +12
5@ecutive >udge of 2ebu and let it be promulgated there in the presence
of the accused.
?ow, a new clause is inserted in Section / which provides that :if the
decision of the trial court convicting the accused changed the nature of
the offense from non=bailable to bailable, the application for bail can
only be filed and resolved by the appellate court.9 So in the previous
e@ample, if the accused is charged in <avao) of murder but later
convicted for homicide, the +12 5@ecutive >udge of 2ebu has no power
to entertain any application for bail if the accused wanted to appeal the
conviction. Such application can only be filed and resolved by the
appellate court. 1his is similar to Section 0 of +ule 11# on -ail
@ @ @ @ Dowever, if the decision of the trial court
convicting the accused changed the nature of the offense
from non=bailable to bailable, the application for bail can
only be filed with and resolved by the appellate court.
1he above provision was ta8en and modified in the case of "M"S*
vs. 2* &// S2+* &.1 G1$$4H)
F: 7s there such a thing as promulgation by pro@yO
*: I5S. * decision may be promulgated even without the presence of
the accused but "?,I if the conviction is for a light offense. %enerally,
promulgation is by personal appearance. Dowever under the Section /,
:if the conviction is for a light offense, the judgment may be pronounced
in the presence of his 2"C?S5, or +5!+5S5?1*17;5.9
!5"!,5 vs. !+*<5S
>uly '(, 1$$.
D5,<: :7n the Supreme 2ourt and the 2ourt of *ppeals, the
judgment is promulgated by merely filing the signed copy
thereof with the 2ler8 of 2ourt who causes true copies of the
same to be served upon the parties, hence the appearance of the
accused is not even reAuired there as his presence is necessary
only in the promulgation of the judgments of trial courts.9
F: 7s the presence of the complainant reAuired during the
promulgationO
*: ?". 1here is no rule reAuiring a judge to notify the complainant of
the date of promulgation of judgment in criminal cases. Jhat the +ules
of 2ourt particularly Section /, +ule 1&( reAuires is that the
promulgation be made in the presence of the accused. +amireB vs.
Macandog, 1## S2+* #/&)
F: 7s the presence of the counsel of the accused reAuired during the
promulgationO
*: ?". 1he +ules of 2ourt does not reAuire the presence of counsel
for the validity of the promulgation. 1he accused is not reAuired to be
present at the promulgation if the conviction is for light offense, in
which case, his counsel or representative may appear in his behalf. -ut
definitely, in any case, the promulgation is valid even the counsel does
not appear thereat. !angilano vs. ?uevas, 10& S2+* 10.)
F: Jhat happens if the accused was tried in absentiaO "r before the
promulgation he escaped or jumped bailO
*: Cnder Section /, the proper cler8 of court shall give notice to the
accused personally or through his bondsman or warden and counsel,
reAuiring him to be present at the promulgation of the decision. 7f the
accused was tried in absentia because he jumped bail or escaped from
prison, the notice to him shall be served at his last 8nown address.
7n 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 doc8et and serving him
a copy thereof at his last 8nown address or through his counsel.
7f 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.
Jithin fifteen 10) days from promulgation of judgment, however, the
accused may surrender and file a motion for leave of court to avail of
these remedies. De 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 10) days from notice.
So there are si@ /) types of promulgation of judgment under Section
/:
1.)"rdinary judgment = promulgated by reading it in the presence of
the accused and any judge of the court in which it was rendered.
1his applies only to trial courts !eople vs. !rades, supra)3
&.)!romulgation by the 2ler8 of 2ourt = when the judge is absent or
outside the province or city3
'.)!romulgation by the 5@ecutive >udge = 7f the accused is confined
or detained in another province or city, the judgment may be
promulgated by the e@ecutive judge of the +egional 1rial 2ourt
having jurisdiction over the place of confinement or detention
upon reAuest of the court which rendered the judgment3
#.)!romulgation in absentia = 7f the accused was tried in absentia
because he jumped bail or escaped from prison, the notice to
him shall be served at his last 8nown address3
0.)!romulgation by recording the judgment in case the accused fails
to appear at the scheduled date of promulgation of judgment
despite notice.
S52. 4. Modification of judgment. * judgment of
conviction may, upon motion of the accused, be modified or
set aside before it becomes final or before appeal is perfected.
5@cept 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. 4a)
4odifcation of 8udgment
1. What "uddgment ma! e modifed or set aside%
1. .d(men% o+ ac;i%%al T No
". .d(men% o+ con$ic%ion T Ye&
2. )e?uisites for modifcation of "udgment of con0iction%
1. T)e acc&ed m&% !le a mo%ion +or %)e modi!ca%ion o+
Ed(men%M
". T)e mo%ion m&% Ae !led Ae+oreM
1. &c) Ed(men% Aecome& !nal# or
". an a''eal i& 'er+ec%ed
3. When a "udgment ecomes fnal%
1. .d(men% o+ ac?uittal + immedia%el/ 'on 'roml(a%ion
". .d(men% o+ con0iction%
1. a+%er %)e la'&e o+ %)e 'eriod +or 'er+ec%in( an a''eal
4eGce'% 7)en
%)e dea%) 'enal%/ i& im'o&ed a& %)ere i& an a%oma%ic
re$ie7 A/ %)e
CA5# or
". e$en 7i%)in %)e 'eriod %o a''eal# 7)en %)e &en%ence
)a& Aeen
'ar%iall/ or %o%all/ &a%i&!ed or &er$ed# or
*. 7)en %)e acc&ed )a& 7ai$ed in 7ri%in( )i& ri()% %o
a''eal# or
,. 7)en %)e acc&ed )a& a''lied +or 'roAa%ion.
1. An motion of prosecution
People 0. Diernes
3:2 S2)& 231
Decemer 13, 2661
En 7anc% Panganian, 8.
'acts%
Acc&ed 7a& con$ic%ed o+ " con%& o+ ra'e and one con% o+
a%%em'%ed ra'e. For %)e " ra'e c)ar(e&# )e 7a& me%ed " 'enal%ie&
o+ reclusion perpetua, and +or %)e a%%em'%ed ra'e# )e 7a& (i$en
%)e &en%enced o+ +rom , /ear& %o D /ear& and one da/. On mo%ion
o+ %)e 'ro&ec%ion# one da/ a+%er 'roml(a%ion# %)e cor% modi!ed
%)e &en%ence and im'o&ed on )im %)e dea%) 'enal%/ %7ice +or
ra'e# and a maGimm &en%ence o+ recl&ion %em'oral +or
a%%em'%ed ra'e.
Issue%
1a/ %)e cor% modi+/ %)e Ed(men% 'on mo%ion o+ %)e
'ro&ec%ion %o increa&e %)e 'enal%ie&J
9eld%
No. Under Sec. = o+ Rle 1"># a Ed(men% o+ con$ic%ion#
Ae+ore i% Aecame !nal or Ae+ore a''eal i& 'er+ec%ed# cold Ae
modi!ed or &e% a&ide 'on mo%ion o+ %)e acc&ed. T)i& aim& %o
'ro%ec% acc&ed +rom Aein( '% ane7 %o de+end )im&el+ +rom more
&erio& oBen&e& or 'enal%ie& 7)ic) %)e 'ro&ec%ion or %)e cor%
ma/ )a$e o$erlooIed in %)e ori(inal %rial. I% doe& no% )o7e$er Aar
)im +rom &eeIin( or recei$in( more +a$oraAle modi!ca%ion&. T)e
%rial cor% canno% increa&e %)e 'enal%ie& 7i%)o% %)e con&en% o+
%)e acc&ed.
2. 4otion of o@ended part!
Potot 0. People
313 S2)& ##5
8une 2=, 2662
<hird Di0ision% Sando0al.(utierre/, 8.
'acts%
Acc&ed 'leaded (il%/ %o )omicide and 'ro$ed %)e
mi%i(a%in( circm&%ance& o+ $oln%ar/ &rrender and 'lea o+ (il%/.
A+%er con$ic%ion )e mani+e&%ed %)a% )e 7a& no% a''ealin( and
7old immedia%el/ &er$e )i& &en%ence. Pri$a%e com'lainan%
mo$ed %o &e% a&ide %)e deci&ion de %o irre(lari%ie& in %)e
'reliminar/ in$e&%i(a%ion con%endin( %)a% acc&ed &)old )a$e
Aeen c)ar(ed 7i%) mrder. Acc&ed o''o&ed on %)e (rond o+
doAle Eeo'ard/.
Issue%
1a/ a Ed(men% o+ con$ic%ion# 'on mo%ion o+ %)e oBended
'ar%/# Ae &e% a&ide or modi!edJ
9eld%
No. Onl/ %)e acc&ed nder Sec. = o+ Rle 1"> o+ %)e Rle& o+
Cor% can mo$e %o &e% a&ide a Ed(men% o+ con$ic%ion Ae+ore i%
Aecome& !nal. A& acc&ed )a& Aeen 'laced in Eeo'ard/ +or %)e
crime o+ )omicide# )e canno% Ae 'ro&ec%ed ane7 +or %)e &ame
oBen&e# or an/ oBen&e 7)ic) nece&&aril/ inclde& or i& inclded in
%)e !r&% oBen&e c)ar(ed. T)e record& do no% &)o7 an/ irre(lari%/
in %)e 'reliminar/ in$e&%i(a%ion. T)e e$idence %)a% 7old '(rade
%)e oBen&e %o mrder 7a& no% 're&en%ed and com'lainan% did no%
a''eal %)e re&ol%ion do7n(radin( %)e oBen&e %o )omicide.
F: May judgement of conviction be modified or set asideO
*: I5S, for as long as:
a. the judgement has not yet become final, or
b. appeal has not been perfected
1a8e note that only a judgment of conviction can be modified. *
judgment of acAuittal cannot be modified. 7t is only upon motion of the
accused.
F: Dow about upon motion of the prosecutionO
*: 7t would seem under the rules, that it is only the accused who is
given that privilege of moving to modify the judgement and set it aside.
1here is an identical provision here that we have already ta8en up
before about the judgment of conviction which may be set aside before
it becomes final. +ead Section 0, +ule 11/ on *rraignment and !lea:
Jithdrawal of improvident plea of guilty. *t any time
before the judgment of conviction becomes final, the court
may permit an improvident plea of guilty to be withdrawn
and be substituted by a plea of not guilty. 0)
So even if you plead guilty, and it is not a capital offense and there is
now a judgment sentencing you because of your plea, you can still
change your mind by changing your plea from guilty to not guilty. -ut
you have to file a motion to set aside before the judgment of conviction
becomes final.
F: Jhen does the judgement in a criminal case become finalO
*: 7t <5!5?<S:
a. 7f it is a judgement of *2FC711*, immediately e@ecutory
after promulgation of judgment because it cannot be changed
anymore.
b. 7f it is a judgment for 2"?;7217"?:
1. *fter the lapse of the period for perfecting an appeal &nd
part of Section 4). So 10 days generally. 5P25!1 when the
<5*1D penalty is imposed. 1hat is now inserted in the new
+ules because even if the accused will not appeal, there is an
automatic review. So the rule that when the period to appeal
has e@pired, the judgment will become final, will ?"1 apply
in death penalty cases. Dowever, the lapse of the period to
appeal and no appeal is perfected, is not the only instance
where the judgment of conviction becomes final3
&. 5ven within the period to appeal, that is when the sentence
has been partially or totally satisfied or served. Eor e@ample
2harles has been sentenced to 1( days of *rresto Menor and
he has already served it. "r 2harles has been sentenced to
pay a fine of !1(( and he pays it. Jala naV Einal na iyanV
-ecause he has decided to serve his sentence, it has become
final. Je do not have to wait for 10 days3
'. Jhen the accused has waived in writing his right to appeal3
#. Jhen after conviction, the accused applies for probation this
is based on the probation law). Jhen 2harles applies for
probation, he is waiving his right to appeal and he is
accepting the judgement of conviction.
1a8e note, however, that in these instances, when the judgment of
conviction becomes final, even before the lapse of 10 days, what the law
means is that what has become final is the criminal aspect. 1he civil
aspect of the case does ?"1 become final after the lapse of 10 days.
*nd these instances do not apply when the penalty imposed is death
because of the automatic review of the Supreme 2ourt.
7 met this problem before where the judgment convicted the accused
and the trouble is that judgment forgot to impose civil liability.
?alimutan talagaV *nd there was no reservation or waiver so that the
court should have imposed the civil aspect. 1he trouble is, after the
promulgation, the accused started to serve his sentence the following
day.
-ut within the period of 10 days, we filed a motion for
reconsideration to complete the judgment because under Section 1 of
this +ule, the imposition of the proper civil liability must be included.
*nd Section & also provides that the civil liability should be enforced
unless the enforcement of civil liability in a separate civil action has
been reserved or waived.
1he judge ac8nowledged and admitted that he overloo8ed the civil
liability. De said that he is ready to modify the judgment to include the
civil liability which he forgot. -ut the judge said, the trouble is that he
can no longer do it because the accused has already started serving his
sentence after promulgation, and from that moment, the judgment has
become final. So he said, :how can 7 amend my judgment 8ung final
naO9
7 told him, what became final was the criminal aspect, the civil aspect
cannot become final until after the lapse of 10 days. Sabi ng judge, :*re
you sureO 2an you sight a case which says soO -ecause my researcher
said na hindi pwede.9
Ies, according to the S2 in one case, :Was long as the period for
appeal has not yet e@pired, even if the judgment has become final by
service of sentence or waiver of appeal, the trial court may still modify
its judgment as to its civil aspect.9 So what is final is the criminal aspect
and ?"1 the civil aspect. -ecause if the offended party cannot claim
civil liability 8asi inunahan ng accused ng pag=serve ng sentence, there
is something unfair there no.
S52. .. 5ntry of judgment. *fter a judgment has
become final, it shall be entered in accordance with +ule '/.
.)
+ule '/ is entitled, :>udgments, Einal "rders and 5ntry 1hereof.9
Jhile +ule '/ falls under the subject of 2ivil !rocedure, some of its
provisions may be applied in criminal procedure.
1. 'inalit! of "udgment of con0iction
People 0. Salle
236 S2)& 311
Decemer #, 1553
En 7anc% Da0ide, 8r., 8.
,uestion%
W)en doe& a Ed(men% o+ con$ic%ion Aecome !nalJ
&nswer%
A Ed(men% o+ con$ic%ion Aecome& !nal 2a3 7)en no a''eal
i& &ea&onaAl/ 'er+ec%ed# 2A3 7)en acc&ed commence& %o &er$e
&en%ence# 2c3 7)en %)e ri()% %o a''eal i& eG're&&l/ 7ai$ed in
7ri%in(# eGce'% 7)ere %)e dea%) 'enal%/ 7a& im'o&ed A/ %)e
cor%# and 2d3 7)en acc&ed a''lie& +or 'roAa%ion# %)ereA/
7ai$in( )i& ri()% %o a''eal.
S52. $. 5@isting provisions governing suspension of
sentence, probation and parole not affected by this +ule.
?othing in this rule shall affect any e@isting provisions in the
laws governing suspension of sentence, probation or parole.
$a)
What shall not e a@ected ! this )ule + E*isting
pro0isions in law go0erning%
1. S&'en&ion o+ &en%ence#
". ProAa%ion# or
*. Parole
1he suspension of sentence, probation or parole are governed by
substantive law such as the 7ndeterminate Sentence ,aw and the
!robation law. 1hese laws have never been modified or affected by the
+ules of 2ourt.
-.PROCEEDINGS AFTER -UDGMENT
+ule 1&1
?5J 1+7*, "+ +52"?S7<5+*17"?
S5217"? 1. ?ew trial or reconsideration. *t any time
before a judgment of conviction becomes final, the court
may, on motion of the accused or at its own instance but with
the consent of the accused, grant a new trial or
reconsideration. 1a)
4otion for -ew <rial or )econsideration
1. When fled%
A% an/ %ime <EFORE %)e Ed(men% Aecome& !nal
2. 'rom what "udgment%
Onl/ +rom a Ed(men% o+ CONVICTION
3. 9ow initiated + either !%
1. 1o%ion o+ %)e acc&ed
". </ %)e cor% motu propio 7i%) %)e con&en% o+ %)e acc&ed
1. &mendment of decision
People 0. &studillo
#61 S2)& :23
&pril 25, 266#
'irst Di0ision% >nares.Santiago, 8.
'acts%
A+%er acc&ed 7a& con$ic%ed o+ mrder ;ali!ed A/ aA&e o+
&'erior &%ren(%)# )e !led a mo%ion +or recon&idera%ion
con%endin( %)a% %)e 'ro&ec%ion +ailed %o 'ro$e )i& (il% Ae/ond
rea&onaAle doA%.
T)e RTC denied %)e mo%ion and i&&ed an Amended Deci&ion
7)ere %)e ')ra&e KaA&e o+ &'erior &%ren(%)L 7a& re'laced 7i%)
KTREAC0ERYL in %)e Aod/ o+ %)e Deci&ion.
Issue%
I& %)e amendmen% o+ %)e deci&ion 'ro'erJ
9eld%
Ye&. Under Rle 1"1# Sec. 1 o+ %)e Rle& o+ Cor%# a mo%ion
+or recon&idera%ion o+ a Ed(men% o+ con$ic%ion ma/ Ae !led A/
%)e acc&ed# or ini%ia%ed A/ %)e cor%# 7i%) %)e con&en% o+ %)e
acc&ed. LiIe7i&e# nder Rle 1"># Sec. =# a Ed(men% o+
con$ic%ion ma/ Ae modi!ed or &e% a&ide onl/ 'on mo%ion o+ %)e
acc&ed. 0i& mo%ion (i$e& %)e cor% an o''or%ni%/ %o rec%i+/ i%&
error& or %o ree$ala%e i%& a&&e&&men% o+ +ac%& and concl&ion& o+
la7 and maIe %)em con+ormaAle 7i%) %)e &%a%%e a''licaAle %o
%)e ca&e in %)e ne7 Ed(men% i% )a& %o render. T)e raison d;etre i&
%o aBord %)e cor% a c)ance %o correc% i%& o7n mi&%aIe& and %o
a$oid nnece&&ar/ a''eal& +rom Aein( %aIen. In eBec%# a mo%ion
+or recon&idera%ion !led A/ acc&ed render& %)e en%ire e$idence
o'en +or %)e re$ie7 o+ %)e %rial cor% 7i%)o%# )o7e$er# condc%in(
+r%)er 'roceedin(&# &c) a& %)e %aIin( o+ addi%ional 'roo+.
2. )econsideration where "udgment is ac?uittal
4oilia Products 0. Cme/awa
#33 S2)& 311
4arch #, 2663
Second Di0ision% 2alle"o, Sr., 8.
Issue%
I+ an acc&ed i& ac;i%%ed or %)e ca&e a(ain&% )im i&
di&mi&&ed# 7)o ma/ !le a mo%ion +or recon&idera%ionJ
9eld%
I+ a criminal ca&e i& di&mi&&ed A/ %)e %rial cor% or i+ %)ere i&
an ac;i%%al# a recon&idera%ion o+ %)e order o+ di&mi&&al or
ac;i%%al ma/ Ae nder%aIen# 7)ene$er le(all/ +ea&iAle# in&o+ar a&
%)e criminal a&'ec% %)ereo+ i& concerned and ma/ Ae made onl/
A/ %)e 'Alic 'ro&ec%or9 or in %)e ca&e o+ an a''eal# A/ %)e S%a%e
onl/# %)ro() %)e OSG. T)e oBended 'ar%/ ma/ no% nder%aIe
&c) mo%ion +or recon&idera%ion or a''eal on %)e criminal a&'ec%
o+ %)e ca&e. 0o7e$er# %)e oBended 'ar%/ ma/ !le a mo%ion +or
recon&idera%ion o+ &c) di&mi&&al or ac;i%%al or a''eal %)ere+rom
A% onl/ in&o+ar a& %)e ci$il a&'ec% %)ereo+ i& concerned. In &o
doin(# %)e oBended 'ar%/ need no% &ecre %)e con+ormi%/ o+ %)e
'Alic 'ro&ec%or. I+ %)e cor% denie& )i& mo%ion +or
recon&idera%ion# %)e oBended 'ar%/ ma/ a''eal or !le a 'e%i%ion
+or certiorari or mandamus# i+ (ra$e aA&e amon%in( %o eGce&& or
lacI o+ Eri&dic%ion i& &)o7n and %)e a((rie$ed 'ar%/ )a& no ri()%
o+ a''eal or (i$en an ade;a%e remed/ in %)e ordinar/ cor&e o+
la7.
?5J 1+7*,
F: Jhat is the effect of the filing of a motion for new trial on the
double jeopardy ruleO
*: *n accused who files a motion for new trial J*7;5S the
protection of double jeopardy, so that if the motion is granted, he can be
tried and convicted of the graver offense charged in the complaint or
information. 1rono vs. C.S. 11 !hil. 4&/3 Santos vs. !eople, /# !hil. 1()
*ctually, it is li8e an appeal eh when an accused appeals the
judgment against him, he is waiving his right against double jeopardy.
*nd it has happened several times in the past where the accused was
charged with murder and convicted of homicide. De was not contented.
Jhen he filed an appeal, he was convicted of murder. Sometimes,
appeal can give you a worse situation.
7t happened here in <avao where a lawyer was charged as a principal
for falsification of documents that he notariBed. 1he judge convicted him
of falsification but merely as an accomplice. -inabaan baV -ut 7 thin8
the intention of the judge was to allow the lawyer to as8 for probation.
!ero hindi na8untento ang lawyer. De appealed to the 2*. ?alo8o naV
?asamot gyudV 1he 2* convicted him as principal. *nd what was
worse, the 2* said that since the accused was a lawyer, let a copy of the
decision be brought to the S2 for disbarment proceedings. ?a disbarred
paV 1hatLs what happens for appealingV
*lright, and ta8e note, at any time before a judgment of conviction
become final. ?ow this is one provision which you have to compare
with +ule 1&(, Section 4 on Modification of >udgment.
F: 2ompare and <istinguish ?ew 1rial from Modification of
>udgment.
*: Similarity: -oth may be resorted to before the judgment of
conviction becomes final.
<istinctions:
1. 7n new trial, by the very nature of its purpose and what is to be
done, both parties intervene3 whereas, in modification of
judgment, the court moto propio may act provided the consent
of the accused is reAuired3
&. 7n new trial, if the motion is granted, the original judgment is
vacated and a new judgement shall be rendered3 whereas, in
modification of judgment, the integrity of the decision already
rendered is unaffected, e@cept for the proposed changes,
although the entire decision may have to be rewritten. !eople
vs. 1amayo, ./ !hil. &($)
?ow, there is a new section in the ?ew +ules which created
confusion +ule 11$ Section &#.
S52. &#. +eopening. *t any time before finality of the
judgment of conviction, the judge may, motu proprio or upon
motion, with hearing in either case, reopen the proceedings to
avoid a miscarriage of justice. 1he proceedings shall be
terminated within thirty '() days from the order granting it.
n)
Jhen do you ma8e the motion for reopeningO *t anytime before the
judgment of conviction becomes finalO 1he language of the ' provisions
are identical, motion for: 1) reopening of trial3 &) modification of
judgment of conviction3 and ') new trial or reconsideration
Dow is this different from the othersO
Eormer Solicitor %eneral %alveB, said that +ule 11$ is an error because
Jhy will you reopen after judgment of convictionO +eopenning is done
before judgment is rendered not after a judgment of conviction. 7t
created a lot of confusion. So if we believe %alveB, the confusion is
caused by a typographical error, which according to him is not the
language of the +ules submitted to the S2 and somebody tin8ered with
that provision.
1here is also a rule on ?ew 1rial in civil cases under +ule '4 2ivil
!rocedure),and the grounds: E*M5, ?<5, etc. *nd there are some rules
there to follow such as the motion for new trial must be supported by
affidavits of merits, or the motion for reconsideration must point out
specifically the error committed by the trial court, and the portion of the
decision not supported by the evidence. "therwise, if you do not comply
with these reAuisites, what is the name of your motionO !+" E"+M*.
!ro Eorma, meaning the filing of your motion for new trial or
reconsideration will ?"1 interrupt the period to appeal. 1hat is the
effect.
1his is now the Auestion:
F: 7s there such a thing as pro forma motion for new trial or
reconsideration in criminal casesO Jhere your motion is obviously
dilatoryO Iour grounds are too general, too vague, too ambiguousO ?o
affidavit of meritsO *nd therefore if it is denied, there is no more right to
appeal by the accused applying the pro forma ruleO
*: 1he S2 ruled in the past that the pro forma rule in civil cases
<"5S ?"1 apply to criminal cases. 7n criminal cases, a general
statement of the grounds for new trial is sufficient. !eople vs.
2olmenares, 04 ".%. '41#) 5ven if you do not go into details because
you e@pect your motion to be denied, but the filing will still interrupt the
period. 7t is too harsh if the remedy of appeal will be removed from the
accused simply because of a motion for new trial which is not prepared
properly. So the pro forma rule will not apply in criminal cases. 1he
filing of a motion for new trial or reconsideration will always interrupt
the running of the period to appeal.
F: Jhat are the grounds for new trialO
*: Section &:

S52. &. %rounds for a new trial. 1he court shall grant a
new trial on any of the following grounds:
a) 1hat errors of law or irregularities prejudicial to the
substantial rights of the accused have been committed during
the trial3
b) 1hat new and material evidence has been discovered
which the accused could not with reasonable diligence have
discovered and produced at the trial and which if introduced
and admitted would probably change the judgment.
(rounds for -ew <rial
1. Errors of law )a$e Aeen commi%%ed drin( %)e %rial#
2. Irregularities pre"udicial %o %)e &A&%an%ial ri()%& o+ %)e
acc&ed )a$e Aeen commi%%ed drin( %)e %rial# and
3. -ewl! disco0ered e0idenceM re?uisites%
1. T)e e$idence m&% )a$e Aeen di&co$ered a+%er %)e %rial#
". I% cold no% )a$e Aeen di&co$ered Ae+ore %)e %rial e$en
7i%) %)e &e o+
rea&onaAle dili(ence#
*. I% i& ma%erial# no% merel/ cmla%i$e# corroAora%in( or
im'eac)in(9 and
,. I% i& o+ &c) 7ei()%# %)a% i+ in%rodced and admi%%ed# 7old
'roAaAl/
c)an(e %)e Ed(men%
1. -ewl! disco0ered e0idence
a. D-& tests results
In )e% Writ of 9aeas 2orpus
##2 S2)& :6=
-o0emer 1:, 266#
En 7anc% >nars.Santiago, 8.
'acts%
T)ree /ear& a+%er %)e S'reme Cor% a?rmed %)e con$ic%ion
o+ 'e%i%ioner +or ra'e# )e a&Ied +or ne7 %rial Aa&ed on ne7l/
di&co$ered e$idence (a%)ered a+%er 'er+ormin( deoG/riAoncleic
acid 2DNA3 %e&%in( on &am'le& alle(edl/ collec%ed +rom )im and a
c)ild Aorn %o %)e $ic%im. 0e alle(ed %)a% drin( %)e %rial o+ %)e
ca&e# )e 7a& na7are %)a% %)ere 7a& a &cien%i!c %e&% %)a% cold
de%ermine once and +or all i+ )e 7a& %)e +a%)er o+ %)e $ic%imP&
c)ild. 0e 7a& onl/ in+ormed drin( %)e 'endenc/ o+ %)e a%oma%ic
re$ie7 o+ %)e ca&e %)a% DNA %e&%in( cold re&ol$e %)e i&&e o+
'a%erni%/.
Issue%
Doe& %)e Aela%ed re&l%& o+ %)e DNA %e&% con&%i%%e ne7l/
di&co$ered e$idenceJ
9eld%
No. Under Sec. 1 o+ Rle 1"1 o+ %)e Re$i&ed Rle& o+ Criminal
Procedre a mo%ion +or ne7 %rial can onl/ Ae !led a% an/ %ime
Ae+ore a Ed(men% o+ con$ic%ion Aecome& !nal# %)a% i&# 7i%)in 1-
da/& +rom i%& 'roml(a%ion or no%ice. T)e deci&ion &o()% %o Ae
re$ie7ed )a& lon( a%%ained !nali%/. 1oreo$er# %)e DNA e$idence
doe& no% +all 7i%)in %)e &%a%%or/ or Eri&'rden%ial de!ni%ion o+
Kne7l/Cdi&co$ered e$idenceL.
T)e re;i&i%e& +or a mo%ion +or ne7 %rial Aa&ed on ne7l/C
di&co$ered e$idence )a$e no% Aeen me%. I% i& e&&en%ial %)a% %)e
oBerin( 'ar%/ eGerci&ed rea&onaAle dili(ence in &eeIin( %o loca%e
%)e e$idence Ae+ore or drin( %rial A% none%)ele&& +ailed %o
&ecre i%.
In %)i& in&%ance# al%)o() %)e DNA e$idence 7a&
ndoA%edl/ di&co$ered a+%er %)e %rial# &c) e$idence di&'ro$in(
'a%erni%/ cold )a$e Aeen di&co$ered and 'rodced a% %rial 7i%)
%)e eGerci&e o+ rea&onaAle dili(ence. 0i& claim %)a% )e 7a&
Kna7areL o+ %)e eGi&%ence o+ DNA %e&%in( n%il %)e %rial 7a&
conclded carrie& no 7ei()%. LacI o+ Ino7led(e o+ %)e eGi&%ence
o+ DNA %e&%in( &'eaI& o+ ne(li(ence# ei%)er on %)e 'ar% o+
'e%i%ioner# or )i& con&el. In ei%)er in&%ance# )o7e$er# %)i&
ne(li(ence i& Aindin( 'on 'e%i%ioner.
. Para$n test result
People 0. Duca!
223 S2)& 1
&ugust 2, 1553
'irst Di0ision% Da0ide, 8r., 8.
'acts%
Acc&ed 7a& con$ic%ed o+ mrder. W)ile %)e ca&e 7a&
'endin( re$ie7 Ae+ore %)e S'reme Cor%# )e a&Ied +or ne7 %rial
on %)e (rond o+ ne7l/ di&co$ered e$idence con&i&%in( o+ %)e
re&l%& o+ a 'ara?n %e&% done on )im one 213 da/ a+%er %)e
commi&&ion o+ %)e crime. T)e %e&% &)o7ed %)a% )e 7a& ne(a%i$e
+or (n'o7der re&ide.
Issue%
S)old acc&ed Ae (ran%ed a ne7 %rialJ
9eld%
No. T)e c)emi&%r/ re'or% canno% Ae con&idered a& ne7l/
di&co$ered e$idence &ince i% 7a& alread/ eGi&%in( e$en Ae+ore %)e
%rial commenced and cold )a$e Aeen ea&il/ 'rodced in cor% A/
com'l&or/ 'roce&&. Acc&ed ei%)er did no% eGerci&e rea&onaAle
dili(ence +or i%& 'rodc%ion or &im'l/ +or(o% aAo% i%. For(o%%en
e$idence i&# o+ cor&e# no% a (rond +or a ne7 %rial. 1oreo$er# %)e
re&l% o+ %)e 'ara?n %e&% condc%ed on acc&ed i& no% concl&i$e
e$idence %)a% )e did no% !re a (n. I% i& 'o&&iAle +or a 'er&on %o
!re a (n and /e% Ae ne(a%i$e +or %)e 're&ence o+ ni%ra%e&# a&
7)en )e 7ore (lo$e& or 7a&)ed )i& )and& a+%er7ard&.
c. Passport
People 0. Hi ;a ;im
#25 S2)& 1=5
4a! 23, 266#
En 7anc% Ditug, 8.
'acts%
Li Ha Him 7a& con$ic%ed o+ &ellin( K&)aAL nder %)e
Dan(ero& Dr( Ac%&. W)ile )i& a''eal 7a& 'endin( Ae+ore %)e
S'reme Cor%# )e !led a mo%ion %o remand %)e ca&e +or ne7 %rial
on %)e (rond o+ ne7l/ di&co$ered e$idence. T)e e$idence
con&i&%ed o+ )i& 'a&&'or% 7)ic) 7old e&%aAli&) )i& %re iden%i%/
a& 0an( Yiao Wei# a C)ine&e Na%ional 2no% Li Ha Him3# and a&
)a$in( en%ered %)e P)ili''ine& a& a %ori&%# no% an ndocmen%ed
alien# a& +ond A/ %)e %rial cor%.
Issue%
S)old acc&ed Ae (ran%ed ne7 %rial %o enaAle )im %o
're&en% )i& 'a&&'or%J
9eld%
No. No% one o+ %)e re;i&i%e& men%ioned nder Sec. 1 Rle
1"1 o+ %)e Rle& o+ Cor% i& a%%endan%. T)e 'a&&'or% o+ acc&ed
cold )a$e ea&il/ Aeen 're&en%ed and 'rodced drin( %)e %rial.
T)en# %oo# %)e 're&en%a%ion o+ %)e 'a&&'or%# 7old )ardl/ Ae
ma%erial %o %)e o%come o+ %)e ca&e. Acc&ed 7a& 'o&i%i$el/
iden%i!ed A/ %)e 'ro&ec%ion 7i%ne&&e& a& Aein( %)e 'er'e%ra%or
o+ %)e crime. 1o&% im'or%an%l/# acc&ed e$en iden%i!ed )im&el+ a&
Li Ha Him a% %)e %rial and no% a& 0an( Yiao Wei# %)a% Aol&%er& %)e
concl&ion %)a% acc&ed deliAera%el/ concealed )i& %re iden%i%/ in
%)e ne+ario& en%er'ri&e.
d. Disco0er! of witnessL address
People 0. Dela 2ru/
26: S2)& =32
4arch 31, 1552
<hird Di0ision% Da0ide, 8r., 8.
'acts%
Acc&ed a''ealed )i& con$ic%ion +or mrder. T)e neG% da/#
)e !led a 'e%i%ion +or ne7 %rial on %)e (rond %)a% )e +ond an
e/eC7i%ne&& %o %)e crime# 7)o&e Kaddre&& i& ne7l/ di&co$ered.L
0e claim& %)a% &aid 7i%ne&& 7ill corroAora%e %)e %e&%imon/ o+ )i&
main 7i%ne&&. A +e7 da/& la%er# )e al&o !led a mo%ion %o 7i%)dra7
a''eal.
Issue%
S)old ne7 %rial Ae (ran%edJ
9eld%
No. Since %)e %e&%imon/ o+ %)e 7i%ne&& &o()% %o Ae
're&en%ed i& onl/ corroAora%i$e# %)e %)ird re;i&i%e +or ne7 %rial i&
aA&en%.
e. Disco0er! of new witness
People 0. &mparado
13= S2)& :13
Decemer 21, 151:
<hird Di0ision% 'ernan, 8.
'acts%
A+%er acc&ed 7a& con$ic%ed o+ mrder# )e learned %)a% %)ere
7ere " 'eo'le 7)o 7ere 're&en% 7)en %)e inciden% )a''ened and
%)e&e " 7ere %)e one& 7)o rendered a&&i&%ance %o %)e $ic%im.
Acc&ed )im&el+ did no% Ino7 %)i& drin( %)e %rial Aeca&e )e
&%a/ed in ano%)er Aaran(a/ %o a$oid re%alia%ion +rom %)e rela%i$e&
o+ %)e $ic%im. T)e %e&%imonie& o+ %)e " 7old %end %o &)o7 %)a%
acc&ed ac%ed in &el+Cde+en&e and %)a% %)e main 'ro&ec%ion
7i%ne&& 7)o&e %e&%imon/ re&l%ed %o )i& con$ic%ion 7a& no7)ere
a% %)e crime &cene.
Issue%
S)old acc&ed Ae (i$en a ne7 %rial Aa&ed on ne7l/
di&co$ered e$idenceJ
9eld%
Ye&. T)e e$idence &o()% %o Ae 're&en%ed i& ne7l/C
di&co$ered a& de!ned A/ %)e Rle& o+ Cor%. T)e 'ro'o&ed
%e&%imonie& o+ %)e 7i%ne&&e&# 7)o a$er %o Ae %)e !r&% 'er&on& %o
render a&&i&%ance %o %)e $ic%im immedia%el/ a+%er %)e &%aAAin(
inciden%# i+ admi%%ed# 7old %end %o &)o7 %)a% %)e alle(ed
e/e7i%ne&& o+ %)e 'ro&ec%ion# 7)o&e $er&ion o+ %)e crime 7a&
(i$en +ll +ai%) and credence A/ %)e %rial cor%# 7a& no% 're&en% a%
%)e &cene o+ %)e crime. I+ %)i& i& %re# %)en# %)e $er&ion o+ %)e
'ro&ec%ion mi()% 'er+orce +ail and %)a% o+ %)e de+en&e 're$ail.
Con&e;en%l/# %)e Ed(men% o+ con$ic%ion cold Ae re$er&ed# or a%
%)e $er/ lea&%# modi!ed.
f. 2onfession of another con0ict
People 0. Eias
3#2 S2)& =:3
Actoer 12, 2666
En 7anc% 4endo/a, 8.
'acts%
W)ile %)e con$ic%ion o+ acc&ed +or mrder and +r&%ra%ed
mrder 7a& Aein( re$ie7ed A/ %)e S'reme Cor%# a dea%)
con$ic% a% %)e Na%ional <iliAid Pri&on 7ro%e a le%%er con+e&&in( %o
%)e commi&&ion o+ %)e crime +or 7)ic) acc&ed 7a& )eld liaAle.
T)e con$ic% la%er eGec%ed an a?da$i% +ormali6in( )i& con+e&&ion.
Issue%
Doe& %)i& con&%i%%e ne7l/ di&co$ered e$idence %o en%i%le
acc&ed %o a ne7 %rialJ
9eld%
Ye&. T)ere i& a need +or a ne7 %rial in order %o de%ermine %)e
$eraci%/ o+ 'o&i%i$e iden%i!ca%ion o+ acc&ed vis-a-vis %)e alle(ed
con+e&&ion made A/ %)e con$ic% &ince no le&& %)an a li+e i& a%
&%aIe. Cor% li%i(a%ion i& 'rimaril/ +or %)e &earc) o+ %r%)# and a
liAeral in%er're%a%ion o+ %)e rle& A/ 7)ic) Ao%) 'ar%ie& are (i$en
%)e +lle&% o''or%ni%/ %o addce 'roo+& i& %)e Ae&% 7a/ %o +erre%
o% &c) %r%). We canno% con$ic% acc&ed and im'o&e 'on )im
%)e dea%) 'enal%/ 7)en e$idence 7)ic) 7old 'o&&iAl/ eGonera%e
)im ma/ Ae 're&en%ed A/ )im in a ne7 %rial. Nei%)er can 7e
ac;i% )im on %)e &ole (rond %)a% ano%)er 'er&on con+e&&ed %o
)a$in( commi%%ed %)e crime.
g. &$da0it of recantation
People 0. (arcia
211 S2)& 312
4arch 31, 1551
'irst Di0ision% Panganian, 8.
Issue%
1a/ an a?da$i% o+ recan%a%ion &er$e a& a (rond +or
(ran%in( a ne7 %rialJ
9eld%
A recan%a%ion# a& a (eneral rle# i& no% &?cien% %o 7arran% a
ne7 %rial. I+ i% 7ere o%)er7i&e# a ne7 %rial 7old Ae (ran%ed
7)ene$er an in%ere&%ed 'ar%/ &cceed& in in%imida%in( or indcin(
an/ or &ome o+ %)e 7i%ne&&e& %o re%rac% a+%er %rial %)eir %e&%imon/#
%)&# o'enin( %)e door %o endle&& li%i(a%ion. I% i& al&o inEdicio& %o
reEec% a %e&%imon/ &olel/ on %)e Aa&i& o+ &c) recan%a%ion# 7)ic)
ma/ la%er Ae re'dia%ed# a& %)i& K7ill maIe &olemn %rial a mocIer/
and 'lace %)e in$e&%i(a%ion a% %)e merc/ o+ n&cr'lo&
7i%ne&&e&.L
h. 4edical certifcate
People 0. Del 4undo
2=2 S2)& 2==
Septemer 26, 155=
En 7anc% )omero, 8.
'acts%
Acc&ed 7a& con$ic%ed o+ 8 con%& o+ ince&%o& ra'e o+ )i&
o7n da()%er. 0e 7a& &en%enced %o dea%) in one o+ %)em. W)ile
%)e ca&e 7a& 'endin( re$ie7 A/ %)e S'reme Cor%# )e a&Ied +or
ne7 %rial on %)e (rond o+ %)e a?da$i% o+ de&i&%ance eGec%ed A/
%)e $ic%im and a medical cer%i!ca%e &)o7in( %)a% %)e $ic%im 7a& a
$ir(in. T)e medical cer%i!ca%e 7a& a% $ariance 7i%) 7)a% 7a&
're&en%ed A/ %)e 'ro&ec%ion# 7)ic) 7a& Aa&ed on %)e
eGamina%ion condc%ed A/ ano%)er ')/&ician.
Issue%
S)old acc&ed Ae (ran%ed ne7 %rialJ
9eld%
Ye&. W)ile %)e N<IC1edico Le(al re'or% canno% Ae con&idered
ne7 and ma%erial e$idence 7)ic) acc&ed cold no% 7i%)
rea&onaAle dili(ence )a$e di&co$ered and 'rodced a% %)e %rial#
7e (ran% %)e mo%ion +or ne7 %rial on %)e Aroader (rond o+
&A&%an%ial E&%ice# %aIin( in%o accon% %)e $ariance in %)e %7o
a+ore&aid re'or%&. I% i& %)e &en&e o+ %)i& Cor% %)a% &c) &erio&
di&cre'anc/ rai&ed &A&%an%ial doA% a& %o %)e (il% o+ %)e
acc&ed. Fr%)ermore# %)e 'enal%/ im'o&ed on acc&ed i& dea%).
0ere i& a &i%a%ion 7)ere a ri(id a''lica%ion o+ %)e rle& m&% Ao7
%o %)e o$erridin( (oal o+ cor%& o+ E&%ice %o render E&%ice %o
&ecre %o e$er/ indi$idal all 'o&&iAle le(al mean& %o 'ro$e )i&
innocence o+ a crime o+ 7)ic) )e i& c)ar(ed.
2. Error of counsel
People 0. )emudo
3=# S2)& =1
&ugust 36, 2661
En 7anc% Per curiam
Issue%
I& %)e error o+ con&el a (rond +or a mo%ion +or ne7 %rialJ
9eld%
No. T)e error o+ %)e de+en&e con&el in %)e condc% o+ %)e
%rial i& nei%)er an error o+ la7 nor an irre(lari%/ 'on 7)ic) a
mo%ion +or ne7 %rial ma/ Ae 're&en%ed. Generall/# %)e clien% i&
Aond A/ %)e ac%ion o+ )i& con&el in %)e condc% o+ )i& ca&e and
canno% Ae )eard %o com'lain %)a% %)e re&l% o+ %)e li%i(a%ion mi()%
)a$e Aeen diBeren% )ad )i& con&el 'roceeded diBeren%l/. T)e
+ac% %)a% Alnder& and mi&%aIe& ma/ )a$e Aeen made in %)e
condc% o+ %)e 'roceedin(& in %)e %rial cor% a& a re&l% o+ %)e
i(norance# ineG'erience or incom'e%ence o+ con&el doe& no%
+rni&) a (rond +or a ne7 %rial. I+ &c) (rond& 7ere %o Ae
admi%%ed a& rea&on& +or reo'enin( ca&e&# %)ere 7old ne$er Ae an
end %o &i%& &o lon( a& a ne7 con&el cold Ae em'lo/ed 7)o
cold alle(e and &)o7 %)a% %)e 'rior con&el )a& no% Aeen
&?cien%l/ dili(en%# eG'erienced# or learned.
3. JInterest of "usticeO
People 0. &lmendras
#61 S2)& 333
&pril 2#, 2663
En 7anc% ,uisuming, 8.
'acts%
Acc&ed 7ere c)ar(ed 7i%) ille(al &ale o+ K&)aA.L A+%er %)e
'ro&ec%ion 're&en%ed e$idence# %)e/ !led a demrrer 7)ic) 7a&
denied. T)erea+%er# %)ro() con&el# %)e/ !led a cer%iorari Ae+ore
%)e CA %o c)allen(e %)e order o+ %)e cor%. De %o %)e re'ea%ed
aA&ence o+ con&el in %)e 'roceedin(& Ae+ore %)e %rial cor%# %)e
Ed(e rled %)a% %)e/ 7ai$ed %)eir ri()% %o 're&en% e$idence. A+%er
%)e/ 7ere &en%enced %o dea%)# %)e/ a&Ied %o Ae allo7ed %o
're&en% e$idence.
Issue%
1a/ acc&ed Ae (ran%ed a ne7 %rialJ
9eld%
Ye&. Al%)o() Sec. "# Rle 1"1 o+ %)e Rle& o+ Cor%
enmera%e& %)e &'eci!c (rond& in (ran%in( ne7 %rial or
recon&idera%ion# none o+ 7)ic) i& 're&en% )ere# none%)ele&& Sec. 8
on %)e eBec%& %)ereo+ con&ider& %)e Kin%ere&% o+ E&%iceL a& a
(a(e in %)e in%rodc%ion o+ addi%ional e$idence. In %)e ca&e a%
Aar# %)e 'aramon% in%ere&% o+ E&%ice mili%a%e& a(ain&% clo&in( %)e
door o+ %)e cor%room a(ain&% acc&ed. For nle&& (ran%ed a da/
in cor% no7# an acc&ed ma/ Ae doomed 7i%)o% com'e%en%
con&el 're&en%in( a 'ro'er de+en&e a% )i& di&'o&al. We are no%
'redi&'o&ed %o &c) an e$en%ali%/ %)a% cold %ain% &erio&l/ or
ad$er&arial &/&%em.
F: Jhat are the grounds for a new trialO
*: Cnder Section, the following are the grounds:
1. 5rrors of law3
5@ample: 7n one case, during the trial, the trial court e@cluded a
defense witness from testifying based on an erroneous
interpretation of the rules of evidence. 1he judge disAualified him.
-ut it turned out that the witness was not disAualified. 1hat is an
error of law. Eor all you 8now, if his testimony will be given, the
accused will be acAuitted. 1herefore, a new trial should be granted
where he should be allowed to testify. !eople vs. 5stefa, ./ !hil.
1(#)
&. irregularities prejudicial to the substantial rights of the accused3
5@ample: 7n one case, the trial court compelled the accused,
over his objection, to submit to trial without the assistance of his
counsel. !eople vs. 5nriAueB, ,=#$'#, ?ovember &., 1$01) 7f the
accused is convicted because of such irregularity, this is a valid
ground for new trial. -esides, why should the judge punish the
accusedO De should punish the lawyer.

'. ?ewly discovered evidence3 this is similar to civil cases, newly
discovered evidence. 1he reAuisites are the same:
a.) discovered after trial3
b.) it could not have been discovered before trial even with the
use of reasonable diligence
c.) and if introduced and admitted would probably change the
decision
F: May a new trial be granted on the ground of loss of stenographic
notesO
*: ?". 1he loss of stenographic notes after trial is ?"1 such an
irregularity as would justify a new trial. 1he remedy of the accused is to
have the missing evidence reconstituted. !eople vs. 2astelo, ,=1(44#,
Eebruary 1/, 1$/1)
1here is a case, the trial is concluded, and the accused is convicted.
Jithin the period of 10 days from promulgation, here comes the accused
filing a motion for new trial on the ground that the prosecution witness
has e@ecuted an affidavit recanting his testimony. 1he prosecution
witness, in effect, is saying that what he said during the trial is not true.
F: May a new trial be granted on the ground of loss or recantation of
prosecution witnessesO
*: *s a %5?5+*, +C,5, recantation is ?"1 a ground for new trial,
otherwise there would never be an end to criminal litigation. :1he 2ourt
has loo8ed with disfavor upon retraction of testimonies previously given
in court. 1hus, the 2ourt has ruled against the grant of a new trial on the
basis of a retraction by a witness. 1he rationale for the rule is obvious:
*ffidavits of retraction can easily be secured from poor and ignorant
witnesses usually for a monetary consideration. +ecanted testimony is
e@ceedingly unreliable. 1here is always the probability that it may later
be repudiated. So courts are wary or reluctant to allow a new trial based
on retracted testimony.9 !eople vs. 2lamor, >uly 1, 1$$13 !eople vs.
Soria, "ctober #, 1$$/)
F: 7s there an 5P25!17"?O
*: I5S, when it is made to appear that there is no evidence sustaining
the judgment of conviction other than the testimony of the recanting
witness. C.S. vs. <acir, &/ !hil. 0(') Jhen aside from the testimonies
of the retracting witness or witnesses there is no other evidence to
support a judgment of conviction, a new trial may be granted. !eople
vs. 2lamor, >uly 1, 1$$1)
%"M5M vs. 7*2
*pril $, 1$.0
D5,<: :7t is conceded that the State has the sovereign right
to prosecute criminal offenses under the full control of the fiscal
and that the dismissal of criminal cases by the e@ecution of an
affidavit of desistance by the complainant is not loo8ed upon
with favor. Dowever, it is also true that an affidavit of desistance
may create serious doubts as to the liability of the accused. *t
the very least, it calls for a second hard loo8 at the records of the
case and the basis for the judgment of conviction. >urisprudence
on the effect of desistance notwithstanding, the affidavit should
not be peremptorily dismissed as a useless scrap of paper.9
Sometimes there are affidavits of recantation made by the complainant,
which says :7 have lost interest in continuing the case.9 Dowever he
already testified. 1his is not a proper ground for a motion for new trial.
1o be such ground you have to say that you were mista8en in your
allegations in the affidavit regarding the commission of the crime by the
accused.
7f you say that you are not interested, you are not really repudiating
what you said. 1hat is what the S2 emphasiBed in the 1$$. case of
!5"!,5 vs. %*+27*
&.. S2+* '.& G1$$.H
D5,<: :1o warrant a new trial, the affidavit of desistance
must constitute a recantation and not a mere withdrawal from
the prosecution of the case. 1he complainantXs affidavit of
desistance did not constitute a recantation, because she did not
deny the truth of her complaint but merely sought to be allowed
to withdraw and discontinue the case because she wished to
start life anew and live normally again. She never absolved or
e@culpated the accused. 7n other words, a recantation of a prior
statement or testimony must necessarily renounce the said
statement or testimony and withdraw it formally and publicly.9
?ow we will go to one last point.
!+"-,5M: ,et us assume that Sheriff was convicted purely because
of the testimony of the complainant, 1haddeus. ?ow, 1haddeus ma8es
an affidavit stating that everything he said is not true. Meaning he is
really recanting.
F: 7s this a ground for new trialO
*: Eollowing jurisprudence, I5S. 7t becomes now an e@ceptional
case. 1here will be a new trial.

F: Jhat do you mean new trialO
*: Je will now restart the case.
F: Jho will testifyO
*: 5h di si 1haddeusV yung complainant, who will be as8ed:
:<uring the trial this is what you said, what are you saying nowO9 *s he
answers, 1haddeus must say under oath that he lied before and this is the
truthW GamenVH
F: *fter that, can the court say that the accused is now acAuitted
because now 1haddeus is telling the truth when before 1haddeus was
not telling the truthO 7s this what will happenO
*: 1he S2 said ?". 1he only thing that will happen is that a new trial
will be granted. -ut this does not mean that the accused shall be
acAuitted. Jhen we say new trial, this means that the court should hear
the testimony of the complainant again. -C1 after testifying, the court
may say, :Iou say you were lying before and you are telling the truth
now, but the court does not believe you because as far as the court is
concerned, you were telling the truth before and you are lying now.9
1herefore the conviction stands. 1hat is possible.
-ecause some lawyers believe that if a new trial is granted, sigurado
na acAuitted na ang accused. ?", the S2 never guaranteed that. 7t will
only be a ground for new trial without a guarantee whether the decision
will be reversed or not. -ut in practice, lutong Macau lahat iyan. Csapan
nalang iyan between the lawyer and the fiscal tapos 8asali pa ang judge.
1hat is what is happening, 7 8now that.
-ut if you follow the rules, there is no guarantee that if new trial is
granted, the accused will be acAuitted. 1here is no rule that says that
when a witness testifies twice, the court will always believe the latest
testimony. *nd the S2 has emphasiBed that in many cases, one of them
is the case of
!5"!,5 vs. 2,*M"+
>uly (1, 1$$1
D5,<: :Jhere a witness testifies for the prosecution and
retracts his or her testimony and subseAuently testifies for the
defense, the test in determining which testimony to believe is
one of comparison coupled with the application of the general
rules in evidence.9 So you apply what you 8now about
evidence, about credibility, appreciation of evidence.
:1he rule should be that a testimony solemnly given in court
should not be lightly set aside and that before this can be done,
both the previous testimony and the subseAuent one be carefully
compared, the circumstances under which each given carefully
scrutiniBed, the reasons or motives for the change carefully
scrutiniBed S in other words, all the e@pedients devised by man
to determine the credibility of witnesses should be utiliBed to
determine which of the contradictory testimonies represents the
truth.9
"f course, if the court believes that the second testimony is accurate
and the witness lied during the first, then acAuitV -ut if the court believes
that the witness was telling the truth in the first testimony, the conviction
stands.
So ta8e note of that because these are misunderstood concepts eh.
+52"?S7<5+*17"?
S52. '. %round for reconsideration. 1he court shall grant
reconsideration on the ground of errors of law or fact in the
judgment, which reAuires no further proceedings. 'a)
(rounds for )econsideration
1. Errors of H&W in %)e Ed(men%# 7)ic) re;ire& no +r%)er
'roceedin(&9 and
2. Errors of 'act in %)e Ed(men%# 7)ic) re;ire& no +r%)er
'roceedin(&
1. )econsideration in lieu of haeas corpus
Dilla 0. 2&
315 S2)& :5#
Decemer =, 1555
'irst Di0ision% ;apunan, 8.
'acts%
On A(. 1F# 1FF,# %)e CA rendered a deci&ion &en%encin(
acc&ed %o 8 /ear& and 1 da/ %o 1> /ear& o+ im'ri&onmen%. On
.an. 1"# 1FF8# or a+%er more %)an 1 /ear and 8 mon%)&# acc&ed
!led a 1o%ion +or Recon&idera%ion and 1odi!ca%ion o+ Sen%ence.
SeeIin( re%roac%i$e a''lica%ion o+ %)e deci&ion o+ *eople v. !imon
[B.'. +o. /=06J, <ul" 6/, 1//8], &)e 'ra/ed %)a% )er &en%ence Ae
redced %o 8 mon%)& %o " /ear& and , mon%)& and %)a% )er
&en%ence +or %)e $iola%ion o+ Sec. D# Ar%. II o+ R.A. 8,"- Ae
declared +ll/ &er$ed.
Issue%
Con&iderin( %)e !nali%/ o+ %)e Ed(men%# ma/ %)e cor%
en%er%ain %)e mo%ion +or recon&idera%ionJ
9eld%
Ye&. W)ile %)e a''ro'ria%e remed/ o+ acc&ed i& %o !le a
'e%i%ion +or habeas corpus. T)e CA &)old )a$e %rea%ed %)e
mo%ion +or recon&idera%ion and modi!ca%ion o+ &en%ence !led A/
acc&ed a& a 'e%i%ion +or %)e i&&ance o+ a 7ri% o+ habeas corpus
and modi!ed %)e 'enal%/ im'o&ed on acc&ed.
S52. #. Eorm of motion and notice to the prosecutor.
1he motion for new trial or reconsideration shall be in
writing and shall state the grounds on which it is based. 7f
based on a newly=discovered evidence, the motion must be
supported by affidavits of witnesses by whom such evidence
is e@pected to be given or by duly authenticated copies of
documents which are proposed to be introduced in evidence.
?otice of the motion for new trial or reconsideration shall be
given to the prosecutor. #a)
'orm of a 4otion for -ew <rial or 2onsideration
1. It shall e in writing
2. It shall state the grounds on which it is ased
I+ %)e mo%ion +or ne7 %rial i& Aa&ed on ne7l/ di&co$ered
e$idence# i% m&%
Ae &''or%ed A/M
1. a?da$i%& o+ 7i%ne&&e& A/ 7)om &c) e$idence i&
eG'ec%ed %o Ae (i$en# or
". dl/ a%)en%ica%ed co'ie& o+ docmen%& 7)ic) are
'ro'o&ed %o Ae
in%rodced in e$idence.
3. -otice of the motion must e gi0en to the prosecutor
S52. 0. Dearing on motion. Jhere a motion for new
trial calls for resolution of any Auestion of fact, the court may
hear evidence thereon by affidavits or otherwise. 0a)
9earing on 4otion
1. When the court ma! hear e0idence on the motion%
W)en %)e mo%ion +or ne7 %rial call& +or re&ol%ion o+ an/
;e&%ion o+ +ac%
2. 9ow the court ma! hear e0idence on the motion%
</ a?da$i%& or o%)er7i&e
F: 7s there an instance when a M"17"? for reconsideration or new
trial is !+"D7-715<O
*: I5S when the case is tried in the M12 under the Summary
+ules. -awal man iyan baV 1hatLs a prohibited motion. ?ow you just
ta8e note of that. Cnder Section 1$GcH of the +evised Summary +ules, a
motion for reconsideration or new trial of a final judgment is prohibited.
F: "f course, what are the effects of granting the motion for new trial
or reconsideration.
*: Iou have Section /:
S52. /. 5ffects of granting a new trial or reconsideration.
1he effects of granting a new trial or reconsideration are
the following:
a) Jhen a new trial is granted on the ground of errors of
law or irregularities committed during the trial, all the
proceedings and evidence affected thereby shall be set aside
and ta8en anew. 1he court may, in the interest of justice,
allow the introduction of additional evidence.
b) Jhen a new trial is granted on the ground of newly=
discovered evidence, the evidence already adduced shall
stand and the newly=discovered and such other evidence as
the court may, in the interest of justice, allow to be
introduced shall be ta8en and considered together with the
evidence already in the record.
c) 7n all cases, when the court grants new trial or
reconsideration, the original judgment shall be set aside or
vacated and a new judgment rendered accordingly. /a)
E@ects of (ranting a -ew <rial or )econsideration
1. (eneral E@ect%
T)e ori(inal Ed(men% &)all Ae &e% a&ide or $aca%ed and a
ne7 Ed(men%
rendered accordin(l/
2. E@ects if the motion for new trial is granted on the
ground of%
1. Error& o+ la7 or irre(lari%ie& commi%%ed drin( %)e %rialM
1. all %)e 'roceedin(& and e$idence aBec%ed %)ereA/
&)all Ae &e%
a&ide and %aIen ane7# and
". %)e cor% ma/# in %)e in%ere&% o+ E&%ice# allo7 %)e
in%rodc%ion o+
addi%ional e$idence
". Ne7l/Cdi&co$ered e$idenceM
1. %)e e$idence alread/ addced &)all &%and# and
". %)e ne7l/Cdi&co$ered and &c) o%)er e$idence a& %)e
cor% ma/# in
%)e in%ere&% o+ E&%ice# allo7 %o Ae in%rodced &)all Ae
%aIen and
con&idered %o(e%)er 7i%) %)e e$idence alread/ in %)e
record
1. 2onse?uence of granting new trial
Augan 0. People
2## S2)& 2=3
4a! 22, 1553
Second Di0ision% 4endo/a, 8.
,uestion%
W)a% i& %)e eBec% i+ %)e mo%ion +or ne7 %rial i& (ran%ed A/ %)e
cor%J
&nswer%
Once a ne7 %rial i& (ran%ed %)e ori(inal Ed(men% i& $aca%ed.
T)e nlli!ca%ion o+ %)e ori(inal Ed(men% i& no% de'enden% on
7)e%)er or no% %)e ne7 %rial re&l%& in a ne7 or modi!ed
Ed(men%. T)e mere (ran% o+ %)e mo%ion +or ne7 %rial o'era%e& %o
$aca%e %)e ori(inal Ed(men%.
T)e eBec% o+ (ran%in( a ne7 %rial i& no% %o ac;i% %)e
acc&ed o+ %)e crime o+ 7)ic) %)e Ed(men% !nd& )im (il%/# A%#
'reci&el/# %o &e% a&ide %)e Ed(men% &o %)a% %)e ca&e ma/ Ae %ried
de no$o a& i+ no %rial )ad Aeen )ad Ae+ore# +or %)e 'r'o&e o+
renderin( a Ed(men% in accordance 7i%) %)e la7# %aIin( in%o
con&idera%ion %)e e$idence %o Ae 're&en%ed drin( %)e &econd
%rial. W)ile e$idence alread/ %aIen in %)e ori(inal %rial i& no%
di&re(arded A% i& %o Ae %aIen in%o accon% %o(e%)er 7i%) %)e ne7
e$idence# ori(inal Ed(men% i& a%oma%icall/ &e% a&ide and %)e
ca&e i& re$er%ed %o i%& ori(inal &%a%& Ae+ore Ed(men%# 'on %)e
(ran%in( o+ a mo%ion +or ne7 %rial.
F: Jill there be really a trial de novo or will there just be a reopening of
the trial to introduce the newly discovered evidenceO
*: Cnder paragraph GcH which we already discussed: :7n all cases,
when the court grants new trial or reconsideration, the original judgment
shall be set aside or vacated and a new judgment rendered accordingly.9
F: Suppose after new trial, the court still finds the accused guiltyO
*: 1here will be another judgment but definitely the original
judgment is already set aside. Jhen the court grants the motion, wala na
iyonV +egardless of whether the new judgment will be the same or not.
!+"-*17"?
*!!5*,
+ule 1&&
*!!5*,
S5217"? 1. Jho may appeal. *ny party may appeal
from a judgment or final order, unless the accused will be
placed in double jeopardy. &a)
F: Jhat is appealO
*: *ppeal means a review of a decision of a lower court by a higher
court. 1he higher court will determine whether the decision of the lower
court is correct, just, etc.
Who 4a! &ppeal
1. (eneral )ule%
An/ 'ar%/ ma/ a''eal +rom a Ed(men% or !nal order
2. E*ception%
A''eal canno% Ae made i+ %)e acc&ed 7ill Ae 'laced in
doAle Eeo'ard/
3. What ma! e the su"ect of appeal%
1. A Ed(men%# or
". Final order
Specifc Persons who ma! 'ile an &ppeal
1. <he accused%
1. +rom a Ed(men% o+ con$ic%ion 2P)il. RaAAi% $. Peo'le# ,"=
SCRA ,-83
". 7i%) re&'ec% %o %)e ci$il a&'ec% 2Sal$an $. Peo'le# ,1>
SCRA 8*D3
2. <he prosecution%
'ro$ided %)e acc&ed 7ill no% Ae 'laced in doAle Eeo'ard/
3. <he o@ended part!%
7i%) re&'ec% %o %)e ci$il a&'ec% ari&in( o% o+ %)e oBen&e
c)ar(ed
#. <he ondsman of the accused%
in ca&e o+ Ed(men% a(ain&% %)e Aond in a +or+ei%re ca&e
3. <he emplo!er of the accused%
+rom an/ order o+ %)e cor% maIin( )im &A&idiaril/ liaAle +or
%)e ci$il
liaAili%/ o+ %)e acc&ed nder Ar%. 1>* o+ %)e Re$i&ed Penal
Code
1. Part! who can appeal
Philippine )ait 0. People
#2: S2)& #3=
&pril 1#, 266#
'irst Di0ision% Panganian, 8.
,uestion%
W)o ma/ a''eal in criminal ca&e&J
&nswer%
Sec. 1 o+ Rle 1"" o+ %)e Rle& o+ Cor% &%a%e& %)a% an/ 'ar%/
ma/ a''eal +rom a Ed(men% or !nal order# nle&& %)e acc&ed
7ill Ae 'laced in doAle Eeo'ard/.
Clearl/# Ao%) acc&ed and %)e 'ro&ec%ion ma/ a''eal a
criminal ca&e# A% %)e (o$ernmen% ma/ do &o onl/ i+ %)e acc&ed
7old no% %)ereA/ Ae 'laced in doAle Eeo'ard/. Fr%)ermore# %)e
'ro&ec%ion canno% a''eal on %)e (rond %)a% %)e acc&ed &)old
)a$e Aeen (i$en a more &e$ere 'enal%/. On %)e o%)er )and# %)e
oBended 'ar%ie& ma/ al&o a''eal %)e Ed(men% 7i%) re&'ec% %o
%)eir ri()% %o ci$il liaAili%/. I+ %)e acc&ed )a& %)e ri()% %o a''eal
%)e Ed(men% o+ con$ic%ion# %)e oBended 'ar%ie& &)old )a$e %)e
&ame ri()% %o a''eal a& mc) o+ %)e Ed(men% a& i& 'reEdicial %o
%)em.
2. &ppeal ! o@ended part! of ci0il aspect
9eirs of )illorta 0. 'irme
13: S2)& 311
8anuar! 25, 1511
'irst Di0ision% 2ru/, 8.
'acts%
Al%)o() c)ar(ed +or %)e dea%) o+ %)e $ic%im# acc&ed 7a&
e$en%all/ con$ic%ed onl/ o+ le&& &erio& ')/&ical inErie&#
&en%enced %o "> da/& and ordered %o indemni+/ %)e )eir& o+ %)e
$ic%im %)e amon% o+ P->>. T)e )eir& a''ealed %)e ci$il a&'ec%
r(in( %)a% %)e ci$il a7ard in %)e &m o+ onl/ P->> Ae increa&ed
Aeca&e acc&ed &)old no% )a$e Aeen +ond (il%/ o+ onl/ le&&
&erio& ')/&ical inErie& A% o+ )omicide.
Issue%
1a/ %)e criminal a&'ec% o+ %)e deci&ion Ae modi!ed a& a
Aa&i& +or %)e increa&e in %)e ci$il a7ardJ
9eld%
No. T)e ci$il indemni%/ ma/ Ae increa&ed onl/ i+ i% 7ill no%
re;ire an a((ra$a%ion o+ %)e deci&ion in %)e criminal ca&e on
7)ic) i% i& Aa&ed. In o%)er 7ord&# %)e acc&ed ma/ no%# on a''eal
A/ %)e ad$er&e 'ar%/# Ae con$ic%ed o+ a more &erio& oBen&e or
&en%enced %o a )i()er 'enal%/ %o E&%i+/ %)e increa&e in %)e ci$il
indemni%/. T)e a7ard canno% Ae rela%ed %o %)e $ic%imP& dea%)# o+
7)ic) acc&ed )a& Aeen aA&ol$ed A/ %)e %rial cor%. 0ere# %)e
)eir& o+ %)e $ic%im are no% con!nin( %)em&el$e& %o %)e ci$il a&'ec%
o+ %)e c)allen(ed deci&ion. In %)eir o7n 7ord&# %)eir a''eal
in$ol$e& Ao%) %)e criminal a&'ec% and %)e ci$il liaAili%ie& in %)e
criminal ca&e&. T)i& i& no% 'ermi%%ed nder %)e rle on doAle
Eeo'ard/.
3. &ppeal of ci0il aspect ! accused
Sal0an 0. People
#16 S2)& =31
Actoer 25, 2662
'irst Di0ision% >nares.Santiago, 8.
Issue%
1a/ an acc&ed 7)o a''lie& +or 'roAa%ion !le a 'ar%ial
a''eal in&o+ar a& %)e ci$il a&'ec% o+ %)e Ed(men% orderin( )im %o
'a/ dama(e&J
9eld%
Ye&. T)e !lin( o+ %)e a''lica%ion +or 'roAa%ion &)old Ae
deemed a 7ai$er o+ %)e ri()% %o a''eal. 0o7e$er# e$en i+ %)e
eGec%ion o+ &en%ence i& &&'ended A/ %)e (ran% o+ 'roAa%ion# i%
doe& no% +ollo7 %)a% %)e ci$il liaAili%/ o+ %)e oBender# i+ an/# i&
eG%in(i&)ed.
#. &ppeal of ci0il aspect ! emplo!er
Philippine )ait 0. People
#2: S2)& #3=
&pril 1#, 266#
'irst Di0ision% Panganian, 8.
'acts%
A dri$er o+ P)ili''ine RaAAi% <& Line& 4PR<L5 7a& con$ic%ed
o+ recIle&& im'rdence re&l%in( %o %ri'le )omicide# ml%i'le
')/&ical inErie& and dama(e %o 'ro'er%/. PR<L 7a& )eld ci$ill/
liaAle a& acc&ed 7a& in&ol$en%. PR<L !led a no%ice o+ a''eal
%)ro() %)e con&el o+ acc&ed 7)o 7a& )ired and 'aid A/ PR<L.
La%er# acc&ed Em'ed Aail and remained a% lar(e. T)e CA
di&mi&&ed %)e a''eal a& Sec. D# Rle 1", o+ %)e Rle& on Criminal
Procedre a%)ori6e& %)e di&mi&&al o+ a''eal 7)en acc&ed Em'&
Aail.
Issue%
W)ere %)e acc&ed Em'& Aail# can )i& em'lo/er a''eal %)e
ci$il a&'ec% o+ %)e Ed(men%J
9eld%
No. PR<LP& a''eal oA$io&l/ aim& %o )a$e acc&ed aA&ol$ed
o+ )i& criminal re&'on&iAili%/ and %)e Ed(men% re$ie7ed a& a
7)ole. <% an a''eal +rom %)e &en%ence o+ %)e %rial cor% im'lie& a
7ai$er o+ %)e con&%i%%ional &a+e(ard a(ain&% doAle Eeo'ard/
and %)ro7& %)e 7)ole ca&e o'en +or re$ie7. I% %)& +ollo7& %)a% a
'enal%/ )i()er %)an %)a% 7)ic) )a& alread/ Aeen im'o&ed A/ %)e
%rial cor% ma/ Ae me%ed o% %o )im. T)e em'lo/erP& a''eal 7old
%)& $iola%e )i& ri()% a(ain&% doAle Eeo'ard/# &ince %)e Ed(men%
a(ain&% )im cold Aecome &AEec% %o modi!ca%ion 7i%)o% )i&
con&en%.
F: May an accused appeal from a judgement of acAuittalO
*: ?ormally, ?", because a judgement of acAuittal becomes final
immediately upon promulgation, so why will you appealO *nd why are
you appealing if you are acAuittedO Iou mean to tell me, you are
praying to be convictedO GsiraVH Dowever in the old case of
!5"!,5 vs. M5?<"M*
4# !hil. 11$
E*21S: 1he accused was acAuitted but the decision
contained some harsh remar8s against the accused which the
accused feels are irrelevant. So he decided to appeal from the
judgement of acAuittal, not for the purpose of reversing it, but
for the purpose of removing all those harsh irrelevant remar8s
against him in the decision.
D5,<: 1he accused may appeal from a judgement of
acAuittal if it contains statements that are irrelevant and should
be e@punged from the record, for the purpose of stri8ing out
those statements.
F: 2an the !eople of the !hilippines or the prosecution appeal in a
criminal caseO
*: 7t depends. 7f you read Section 1, it would seem so, for as long as
the accused will not be placed in double jeopardy. -C1 if the appeal of
the prosecution will place the accused in double jeopardy, then he cannot
appeal.
F: Suppose the accused filed a Motion to Fuash the information on
this or that ground and the court Auashed the information but the
Auashing is wrong. 2an the prosecution appeal from the judgement of
the court Auashing the informationO
*: I5S, because the elements of double jeopardy would not be
present. Eirst, the dismissal is with his e@press consent. *nd normally, a
dismissal on a technicality is not considered as an acAuittal. 7t is just a
dismissal where there is no trial. So puwede.
Dowever, according to the Supreme 2ourt, if the Motion to Fuash is
based on the grounds of e@tinction of criminal liability, or double
jeopardy, then the prosecution cannot appeal because that would place
the accused under double jeopardy. -andoy vs. 2E7, 1' !hil. 104)
F: Dow about an appeal by the prosecution because the penalty is
wrongO 1he accused is convicted but the penalty is very low. 1he
penalty should be higher. So the prosecution is appealing for the
purpose of correcting the penalty. 7t should be higher. 2an the
prosecution do thatO
*: ?", because that will place the accused in double jeopardy.
!eople vs. 2abarles, 0# ".%. 4(013 !eople vs. !omeroy, $4 !hil. $&43
!eople vs. Elores, *pril &., 1$0.) 7n other words, the error will remain
as it is.
D"J5;5+, based on jurisprudence, even if the accused is acAuitted,
but the judgement of acAuittal is ?C,, and ;"7<, then the prosecution
is allowed to appeal because a void judgement does not give rise to
double jeopardy. !eople vs. -alisacan, *ugust '1, 1$//)
F: ?ow give an e@ample of a case where the prosecution was allowed
to appeal from a judgement of acAuittal, because the S2 said the
acAuittal is null and void.
*: * good e@ample is what happened in the old case of !eople vs.
-alisacan. 1his was already as8ed in the -*+.
!5"!,5 vs. -*,7S*2*?
*ugust '1, 1$//
E*21S: 1he accused was charged with a certain crime which
is not a capital offense. Maybe the penalty is only reclusion
temporal or prision mayor. *nd then during the arraignment,
the accused pleaded guilty. *nd sabi ng accused: :Iour Donor,
may we be allowed to present evidence to prove mitigating
circumstanceO9 Iou are guilty but you may still present
evidence to prove mitigating circumstances for purposes of
reducing the penalty. <o you 8now during the presentation of
the evidence for the accused to prove mitigating, he attempted
to prove self=defenseO *nd the court, after trial, said: self
defenseO *fter the hearing, self defense pala. "8ay, the
accused is hereby acAuitted. ?agre8lamo ang prosecution,
:Jhy will you acAuit him when he already pled guiltyO9
7SSC5: 2an the prosecution appeal the judgment of acAuittal
in the case at barO
D5,<: I5S, the prosecution can appeal because the
judgement of acAuittal is ?C,, and ;"7<. 7n the first place,
the hearing is not for the purpose of proving his innocence. 1he
hearing is for the purpose only of proving mitigating
circumstance so why will you give him the benefit of justifying
circumstanceO ?ow what should be the correct procedureO Iou
just say mitigating and tapos you are proving self defenseO !ag
ganyan, the court will say: :"8ay, self defense baO 1he plea of
guilty is hereby erased enter a plea of not guilty and we proceed
to trial.9 *nd then the prosecution will present evidence.
1he prosecution should not be deprived of its right to present
evidence as part of due process.
F: *side from the accused and the !eople of the !hilippines, unless
there is double jeopardy, who can appealO
*: 1he offended party may appeal from any judgement, order or
ruling which is adverse to his civil rights or to the civil liability, or on
pure Auestions of law e.g. whether or not the information charges no
offense). !rovided, he has not waived or reserved the right to file a
separate civil action and the civil action is deemed instituted, because
the civil aspect is different from the criminal aspect. So the offended
party can appeal from that portion of judgement adverse to his civil
liability.
F: Jho else can appealO
*: 1he bondsmen can appeal in case of judgement against the bond in
a forfeiture case. 7n bail, what happens when the accused failed to
appearO 1he court may order the confiscation or forfeiture of the bond.
*nd if the bondsman cannot satisfactorily e@plain why he failed to
present the accused, then judgement may be rendered, holding the
bondsman)bonding company liable. 2an he appealO *h yes. De can
appeal from the judgement ma8ing him liable for his bond.
F: Jho else can appealO
*: 1he employer of the accused can also appeal from any order of the
court ma8ing him subsidiarily liable for the civil liability of the accused
under *rticle 1(' of the +evised !enal 2ode.
So these are the people who can appeal in criminal cases.
S52. &. Jhere to appeal. 1he appeal may be ta8en as
follows:
a) 1o the +egional 1rial 2ourt, in cases decided by the
Metropolitan 1rial 2ourt, Municipal 1rial 2ourt in 2ities,
Municipal 1rial 2ourt, or Municipal 2ircuit 1rial 2ourt3
b) 1o the 2ourt of *ppeals or to the Supreme 2ourt in the
proper cases provided by law, in cases decided by the
+egional 1rial 2ourt3 and
c) 1o the Supreme 2ourt, in cases decided by the 2ourt of
*ppeals. 1a)
Where to &ppeal
1. <o the )<2%
In ca&e& decided A/ %)e 1TC
2. <o the 2& or S2%
In %)e 'ro'er ca&e& decided A/ %)e RTC a& 'ro$ided A/ la7
3. <o the S2
In ca&e& decided A/ %)e CA
1. Decisions of the )<2
People 0. Pa"o
3#1 S2)& #52
Decemer 11, 2666
En 7anc% Per curiam
'acts%
In a con&olida%ed deci&ion# acc&ed 7a& con$ic%ed A/ %)e
RTC o+ * con%& o+ ra'e and " con%& o+ ac%& o+ la&ci$io&ne&&. For
%)e ra'e# %)e RTC im'o&ed 'on )im * dea%) &en%ence&# and +or
%)e ac%& o+ la&ci$io&ne&& i% me%ed im'ri&onmen% Ao%) ran(in(
+rom 1> /ear& and 1 da/ %o 1= /ear& and , mon%)&. T)e record& o+
%)e ca&e& 7ere ele$a%ed %o %)e S'reme Cor% on a%oma%ic
re$ie7.
Issue%
1a/ %)e Cor% re$ie7 %)e con$ic%ion& +or ac%& o+
la&ci$io&ne&&J
9eld%
No. Under Sec. "2A35# Rle 1"" o+ %)e Rle& on Criminal
Procedre# %)e a''eal o+ a Ed(men% rendered A/ %)e RTC in i%&
ori(inal Eri&dic%ion &en%encin( %)e acc&ed %o o%)er %)an li+e
im'ri&onmen% or dea%) m&% Ae %aIen %o %)e CA A/ %)e !lin( o+ a
no%ice o+ a''eal 7i%) %)e cor% 7)ic) rendered %)e Ed(men% or
order a''ealed +rom# and A/ &er$in( a co'/ %)ereo+ on %)e
ad$er&e 'ar%/. In %)e %7o ca&e&# acc&ed did no% a''eal.
S52. '. Dow appeal ta8en. a) 1he appeal to the
+egional 1rial 2ourt, or to the 2ourt of *ppeals in cases
decided by the +egional 1rial 2ourt in the e@ercise of its
original jurisdiction, shall be ta8en by filing a notice of
appeal with the court which rendered the judgment or final
order appealed from and by serving a copy thereof upon the
adverse party.
b) 1he appeal to the 2ourt of *ppeals in cases decided by
the +egional 1rial 2ourt in the e@ercise of its appellate
jurisdiction shall be by petition for review under +ule #&.
c) 1he appeal to the Supreme 2ourt in cases where the
penalty imposed by the +egional 1rial 2ourt is death,
reclusion perpetua, or life imprisonment, or where a lesser
penalty is imposed but for offenses committed on the same
occasion or which arose out of the same occurrence that gave
rise to the more serious offense for which the penalty of
death, reclusion perpetua, or life imprisonment is imposed,
shall be by filing a notice of appeal in accordance with
paragraph a) of this section.
d) ?o notice of appeal is necessary in cases where the
death penalty is imposed by the +egional 1rial 2ourt. 1he
same shall be automatically reviewed by the Supreme 2ourt
as provided in section 1( of this +ule.
5@cept as provided in the last paragraph of section 1',
+ule 1&#, all other appeals to the Supreme 2ourt shall be by
petition for review on certiorari under +ule #0. 'a)
9ow to &ppeal
1. -otice of &ppeal
1. W)en %)e a''eal i& made %o %)eM
1. RTC# or
". CA in ca&e& decided A/ %)e RTC in %)e eGerci&e o+ i%&
ori(inal
Eri&dic%ion9
". </M
1. Filin( %)e no%ice o+ a''eal 7i%) %)e cor% 7)ic)
rendered %)e
Ed(men% or %)e !nal order a''ealed +rom# and
". Ser$in( a co'/ %)ereo+ %o %)e ad$er&e 'ar%/
2. Petition for )e0iew
W)en %)e a''eal i& made %o %)e CAM
In ca&e& decided A/ %)e RTC in %)e eGerci&e o+ i%&
a''ella%e
Eri&dic%ion
3. Petition for )e0iew on 2ertiorari
All o%)er a''eal& %o %)e SC# eGce'% a& 'ro$ided in Rle 1",
Sec. 1* 4la&%
'ara(ra')5
#. &utomatic )e0iew ! the 2&
1. W)ere %)e 'enal%/ im'o&ed A/ %)e RTC i& dea%)# and
". W)ere a le&&er 'enal%/ i& im'o&ed A% +or oBen&e&
commi%%ed on %)e
&ame occa&ion or 7)ic) aro&e o% o+ %)e &ame occrrence
%)a% (a$e ri&e %o
%)e more &erio& oBen&e +or 7)ic) %)e 'enal%/ i& dea%)
3. &utomatic )e0iew ! the S2
W)ere %)e 'enal%/ im'o&ed A/ %)e CA i& dea%)# and
Summar! on Where and 9ow to &ppeal
Ariginal 8urisdiction
'rom <o 4ode
1TC RTC No%ice o+ A''eal
RTC CA No%ice o+ A''eal
&ppellate 8urisdiction
'rom <o 4ode
RTC CA Pe%i%ion +or Re$ie7
CA SC Pe%i%ion +or Re$ie7
on Cer%iorari
1. )eclusion perpetua as ma*imum penalt!
4acalat 0. 2&
213 S2)& 135
Decemer 12, 155:
En 7anc% Da0ide, 8r., 8.
'acts%
For %)e crime o+ $iola%in( Sec. * o+ P.D. 1D88# %)e %rial cor%
&en%enced %)e acc&ed %o no% le&& %)an 1= /ear& , mon%)& and 1
da/ o+ reclusion temporal, a& minimm# and no% more %)an *>
/ear& o+ reclusion perpetua# a& maGimm.
Issue%
W)ere &)old %)e a''eal Ae !ledJ
9eld%
For 'r'o&e& o+ de%erminin( a''ella%e Eri&dic%ion in criminal
ca&e&# %)e maGimm o+ %)e 'enal%/# and no% %)e minimm# i&
%aIen in%o accon%. Since %)e maGimm o+ %)e 'enal%/ i& reclusion
perpetua# %)e a''eal %)ere+rom &)old )a$e Aeen %o %)e S'reme
Cor%# and no% %)e CA# 'r&an% %o Sec. F2*3 o+ %)e .diciar/
Reor(ani6a%ion Ac% o+ 1FD> 2<.P. 1"F3# in rela%ion %o Sec. 1= o+ %)e
.diciar/ Ac% o+ 1F,D# Sec. -2"3 o+ Ar%. VIII o+ %)e Con&%i%%ion and
Sec. *2c3 o+ Rle 1"" o+ %)e Rle& o+ Cor%. T)e %erm Kli+e
im'ri&onmen%L a& &ed in Sec. F o+ <.P. 1"F# %)e .diciar/ Ac% o+
1F,D# and Sec. * o+ Rle 1"" m&% Ae deemed %o inclde
reclusion perpetua in $ie7 o+ Sec. -2"3 o+ Ar%. VIII o+ %)e
Con&%i%%ion.
2. 2rimes committed on the same occasion
Himpangog 0. 2&
315 S2)& 3#1
-o0emer 2=, 1555
<hird Di0ision% Panganian, 8.
'acts%
Acc&ed 7a& con$ic%ed o+ mrder and +r&%ra%ed mrder
7)ic) crime& aro&e o% o+ one inciden%. For mrder# %)e &en%ence
7a& reclusion perpetua and +or %)e +r&%ra%ed mrder# )e 7a&
&en%enced %o +rom 1> /ear& %o 1= /ear&. Acc&ed a''ealed %o %)e
CA 7)ic) )eld %)a% i% )a& no Eri&dic%ion o$er %)e mrder ca&e
con&iderin( %)e im'o&aAle 'enal%/. T)& i% di&mi&&ed %)e a''eal
+or mrder# A% i% ac;i%%ed %)e acc&ed o+ +r&%ra%ed mrder.
Issue%
Did %)e CA )a$e Eri&dic%ion o$er %)e " ca&e&J
9eld%
No. T)e " crime& 7ere commi%%ed on %)e &ame occa&ion and
aro&e +rom %)e &ame +ac%&. In %)i& li()%# %)e CA did no% )a$e
Eri&dic%ion o$er %)e a''eal&. Under Ar%. VIII# Sec. -2"32d3 o+ %)e
Con&%i%%ion# %)e S'reme Cor% )a& Eri&dic%ion o$er a''eal& o+
!nal Ed(men%& in criminal ca&e& in 7)ic) %)e 'enal%/ im'o&ed i&
reclusion perpetua or )i()er. Sec. * 2c3# Rle 1"" o+ %)e Rle& o+
Cor% al&o 'ro$ide& %)a% %)e a''eal %o %)e SC in ca&e& 7)ere %)e
'enal%/ im'o&ed i& li+e im'ri&onmen%# or 7)ere a le&&er 'enal%/ i&
im'o&ed A% in$ol$in( oMenses committed on the same occasion
or arising out of the same occurrence that gave rise to the more
serious oMense for which the penalt" of death or life
imprisonment is imposed &)all Ae A/ !lin( a no%ice o+ a''eal. T)e
SC )a& eGcl&i$e Eri&dic%ion o$er &c) a''eal&. T)e &'li%%in( o+
a''eal& i& no% condci$e %o %)e orderl/ admini&%ra%ion o+ E&%ice
and in$i%e& 'o&&iAle conNic% o+ di&'o&i%ion& Ae%7een %)e re$ie7in(
cor%&. [Note: Decision rendered prior to
AM No. 005-5-0-!C"
3. )e0iew of death penalt!
People 0. 4ateo
#33 S2)& =#6
8ul! :, 266#
En 7anc% Ditug, 8.
,uestion%
1a/ %)e CA Ae em'o7ered %o re$ie7 RTC deci&ion& im'o&in(
%)e dea%) 'enal%/J
&nswer%
Ye&. W)ile %)e Fndamen%al La7 re;ire& a manda%or/
re$ie7 A/ %)e SC o+ ca&e& 7)ere %)e 'enal%/ im'o&ed i& reclusion
perpetua# li+e im'ri&onmen%# or dea%)# no7)ere# )o7e$er# )a& i%
'ro&criAed an in%ermedia%e re$ie7. W)ere li+e and liAer%/ are a%
&%aIe# all 'o&&iAle a$ene& %o de%ermine )i& (il% or innocence
m&% Ae accorded an acc&ed# and no care in %)e e$ala%ion o+
%)e +ac%& can e$er Ae o$erdone. A 'rior de%ermina%ion A/ %)e CA
on# 'ar%iclarl/ %)e +ac%al i&&e&# 7old minimi6e %)e 'o&&iAili%/
o+ an error o+ Ed(men%. I+ %)e CA &)old a?rm %)e 'enal%/ o+
dea%)# reclusion perpetua or li+e im'ri&onmen%# i% cold %)en
render Ed(men% im'o&in( %)e corre&'ondin( 'enal%/ a& %)e
circm&%ance& &o 7arran%# re+rain +rom en%erin( Ed(men% and
ele$a%e %)e en%ire record& o+ %)e ca&e %o %)e SC +or i%& !nal
Ed(men%.
Under %)e Con&%i%%ion# %)e 'o7er %o amend rle& o+
'rocedre i& con&%i%%ionall/ $e&%ed in %)e SC. T)ere+ore# Sec. *
and Sec. 1> o+ Rle 1""# Sec. 1* o+ Rle 1",# Sec. * o+ Rle 1"-#
o+ %)e Rle& o+ Cor% and an/ o%)er rle in&o+ar a& %)e/ 'ro$ide +or
direc% a''eal& +rom %)e RTC %o %)e SC in ca&e& 7)ere %)e 'enal%/
im'o&ed i& dea%)# reclusion perpetua or li+e im'ri&onmen%# a& 7ell
a& %)e re&ol%ion o+ %)e S'reme Cor% en banc# da%ed Se'%. 1F#
1FF-# in KIn%ernal Rle& o+ %)e S'reme Cor%L in ca&e& &imilarl/
in$ol$in( %)e dea%) 'enal%/# are %o Ae deemed modi!ed
accordin(l/.
#. )e0iew of penalt! of life imprisonment
People 0. Achoa
#33 S2)& 255
4arch 11, 2663
Second Di0ision% 2alle"o, Sr.
,uestion%
W)ere acc&ed i& &en%enced A/ %)e RTC %o a 'enal%/ o+ li+e
im'ri&onmen%# 7)ere &)old %)e a''eal Ae !ledJ
&nswer%
In &dministrati0e 4atter -o. 66.3.63.S2, which tooB
e@ect on Act. 13, 266#, %)e Cor% re&ol$ed %o re$i&e Rle 1""#
Sec. *2c3 o+ %)e Re$i&ed Rle& o+ Criminal Procedre. Pre&en%l/#
%)e a''eal in ca&e& 7)ere %)e 'enal%/ im'o&ed A/ %)e RTC i&
reclusion perpetua or li+e im'ri&onmen% or 7)ere a le&&er 'enal%/
i& im'o&ed +or oBen&e& commi%%ed on %)e &ame occa&ion or 7)ic)
aro&e o% o+ %)e &ame occrrence %)a% (a$e ri&e %o %)e more
&erio& oBen&e +or 7)ic) %)e 'enal%/ o+ dea%)# reclusion
perpetua, or li+e im'ri&onmen% i& im'o&ed# &)all Ae A/ no%ice o+
a''eal %o %)e CA.
3. Escape of death con0ict pending re0iew
People 0. Esparas
2=6 S2)& 335
&ugust 26, 155=
En 7anc% Puno, 8.
'acts%
Acc&ed e&ca'ed a+%er Aein( arrai(ned +or $iola%ion o+ RA
8,"-. A+%er %rial in aA&en%ia# &)e 7a& con$ic%ed and &en%enced %o
dea%):
Issue%
Con&iderin( %)a% acc&ed remained a% lar(e# &)old %)e
S'reme Cor% 4no7 CA5 a%oma%icall/ re$ie7 %)e dea%)
&en%enceJ
9eld%
Ye&. T)ere i& more 7i&dom in eGi&%in( Eri&'rdence
manda%in( re$ie7 o+ all dea%) 'enal%/ ca&e&# re(ardle&& o+ %)e
7i&) o+ %)e con$ic% and re(ardle&& o+ %)e 7ill o+ %)e Cor%. No%)in(
le&& %)an li+e i& a% &%aIe and an/ cor% deci&ion a%)ori6in( %)e
S%a%e %o %aIe li+e m&% Ae a& errorC+ree a& 'o&&iAle. T)i& oAEec%i$e
m&% Ae reali6ed# )o7e$er el&i$e i% ma/ Ae# and eBor%& m&% no%
de'end on 7)e%)er a''ellan% )a& 7i%)dra7n )i& a''eal or )a&
e&ca'ed. Indeed# an a''ellan% ma/ 7i%)dra7 )i& a''eal no%
Aeca&e )e i& (il%/ A% Aeca&e o+ )i& 7ron( 'erce'%ion o+ %)e
la79 or Aeca&e )e ma/ 7an% %o a$ail o+ %)e more &'eed/ remed/
o+ 'ardon9 or Aeca&e o+ )i& +r&%ra%ion and mi&a''re)en&ion %)a%
)e 7ill no% (e% E&%ice +rom %)e a%)ori%ie&.
T)e cor% &)old no% Ae inNenced A/ %)e &eemin(
re'dia%ion o+ i%& Eri&dic%ion 7)en a con$ic% e&ca'e&. T)e Cor%
)a& no% onl/ %)e 'o7er A% al&o %)e d%/ %o re$ie7 all dea%)
'enal%/ ca&e&. No li%i(an% can re'dia%e %)i& 'o7er 7)ic) i&
Ae&%o7ed A/ %)e Con&%i%%ion. T)e 'o7er i& more o+ a &acred d%/
7)ic) )a& %o Ae di&c)ar(ed %o a&&re %)e Peo'le %)a% %)e
innocence o+ a ci%i6en i& a concern no% onl/ in crime& %)a% &li()%
A% e$en more# in crime& %)a% &)ocI %)e con&cience. T)i& concern
canno% Ae dil%ed.
=. &ppeal of interlocutor! order
7asa 0. People
#31 S2)& 316
'eruar! 1=, 2663
<hird Di0ision% Sando0al.(utierre/, 8.
'acts%
T)e 1TC ;a&)ed %)e in+orma%ion a(ain&% %)e acc&ed +or
&7indlin( nder Ar%. *184"5 and +al&i!ca%ion o+ 'Alic docmen%
nder Ar%. 1=14,5 o+ %)e Re$i&ed Penal Code. W)en %)e RTC
re$er&ed %)e order# acc&ed !led an a''eal 7i%) %)e CA.
Issue%
I& %)e 'rocedre ado'%ed correc%J
9eld%
No. T)e RTC deci&ion i& merel/ in%erloc%or/. Sec. *4A5# Rle
1"" and Sec. 1 o+ Rle ," o+ %)e Rle& o+ Cor% con%em'la%e o+ an
a''eal +rom a !nal deci&ion or order o+ %)e RTC in %)e eGerci&e o+
i%& a''ella%e Eri&dic%ion. T)&# %)e remed/ o+ a''eal re&or%ed %o i&
im'ro'er. A !nal order i& one %)a% 7)ic) di&'o&e& o+ %)e 7)ole
&AEec% ma%%er or %ermina%e& a 'ar%iclar 'roceedin(# lea$in(
no%)in( %o Ae done A% %o en+orce A/ eGec%ion 7)a% )a& Aeen
de%ermined. On %)e o%)er )and# an order i& in%erloc%or/ i+ i% doe&
no% di&'o&e o+ a ca&e com'le%el/# A% lea$e& &ome%)in( more %o
Ae done 'on i%& meri%&.
T)e denial A/ %)e RTC i& e&&en%iall/ a denial o+ %)e mo%ion %o
;a&) Aeca&e i% lea$e& &ome%)in( more %o Ae done in %)e ca&e&.
S'eci!call/# %)e 1TC )a& /e% %o arrai(n %)e acc&ed# %)en 'roceed
%o %rial# and !nall/ render %)e 'ro'er Ed(men%.
:. &ppeal of pure ?uestion of law
<an 0. People
311 S2)& :#
&pril 12, 2662
En 7anc% Ditug, 8.
Issue%
1a/ %)e CA di&mi&& an a''eal on %)e (rond %)a% i% rai&e&
're ;e&%ion& o+ la7 %)a% &)old )a$e Aeen !led 7i%) %)e SC in
accordance 7i%) Rle 1""# Sec. *4e5# o+ %)e Rle& o+ Cor%J
9eld%
-o. -either the 2onstitution nor the )ules e*clusi0el!
0ests in the S2 the power to hear cases on appeal in which
onl! an error of law is in0ol0ed. Indeed, the 2&, under
)ule #2 and )ule ##, is authori/ed to determine Jerrors of
fact, of law, or oth.O <hese rules are e*pressl! adopted
to appl! to appeals in criminal cases, and the! do not
there! di0est the S2 of its ultimate "urisdiction o0er such
?uestions.
?ow the ne@t Auestion is where to appeal and how to appeal. Je have
Section &. Iou have Section '. *lright, let us try to outline. *ctually itLs
the same in civil cases.
F: Erom the M12, where will you appealO Jhat is the mode of
appealO
*: +12, the mode of appeal is "rdinary appeal by a notice of appeal
+ule #().
F: Dow about M12 to +12 and then you are still convictedO Jhere
will you appealO
*: 2ourt of *ppeals by !etition for review +ule #&).
F: ?ow how about a case tried by the +12 pursuant to its original
jurisdiction)O 1he accused is convicted, he wants to appeal to the 2*O
Jhat is the correct mode of appealO
*: "rdinary appeal by notice of appeal to the 2ourt of *ppeals +ule
#1)
?"15: 7f it is +12 to 2*, pursuant to the appellate jurisdiction of the
+12, the mode of appeal is petition for review +ule #&). 7f the case
was tried by the +12 pursuant to its original jurisdiction, it is ordinary
appeal by notice of appeal to the 2* +ule #1).
F: Dowever, suppose the penalty imposed by the +12 is death, what
is the mode of appeal and whereO
*: 1o the Supreme 2ourt, no need to appeal, automatic review. Jell,
if you want to appeal, o8ay lang. -ut even if you do not appeal, there is
automatic review.
F: Suppose the +12 convicted the accused and sentenced him to
reclusion perpetua or life imprisonment not <eath), where will you
appealO
*: Iou appeal directly to the Supreme 2ourt "rdinary *ppeal, +ule
#1) because under the 2onstitution the Supreme 2ourt has jurisdiction.
F: 7n such case, is there an automatic reviewO
*: ?"V Iou must appeal
1hat is the common error NnoO Many lawyers believe there is
automatic review. ?oV *utomatic review is only for death penalty.
%*+27* vs. !5"!,5
'1. S2+* #'# G1$$$H
E*21S: 1he accused were sentenced to reclusion perpetua.
1heir lawyer believed that there is automatic review of the case
so he did not do anything. 1he prosecution now moves to
enforce the judgment. 1he accused contended that there can be
e@ecution yet because of the automatic review.
7SSC5: Must the S2 automatically review a trial courtLs
decision convicting an accused of a capital offense and
sentencing him to reclusion perpetuaO 7n other words, is the
accused not reAuired to interpose an appeal from a trial courtLs
decision sentencing him to reclusion perpetua to S2 because the
latterLs review of the sentence is automaticO
D5,<: 1he issue is not new. Je have consistently ruled that
it is only in cases where the actually imposed is death that the
trial court must forward the records of the case to the S2 for
automatic review of the conviction.
*s the petitioners did not file a notice of appeal or otherwise
indicate their desire to appeal from the decision convicting them
of murder and sentencing each of them to reclusion perpetua,
the decision became final and unappealable.
F: ?ow, how about 2* to S2O
*: 1hat is appeal by certiorari or also called petition for review on
certiorari under rule #0. 1hat is paragraph GeH 5@cept as provided
in the last paragraph, Section 1', +ule 1&#, all other appeals to the
Supreme 2ourt shall be by petition for review on certiorari under
+ule #0.
:*ll other appeals,9 *no yang :all other appealsO9 *ll other appeals,
not mentioned in a, b, c, d. 1hese are:
1.) 2* to S23
&.) +12 direct to the Supreme 2ourt on Auestions of law only,
because normally pag +12, dapat 2* yan eh. -ut pure Auestions
of law, diretso na iyan. "r, from Sandiganbayan to the Supreme
2ourt3
'.) 7n case the Sandiganbayan convicts an accused, the appeal is
direct to the Supreme 2ourt by petition for review on certiorari.
Sec. 1' +ule 1&#!rocedure in the 2*)
:Jhenever the 2ourt of *ppeals finds that the penalty of death,
reclusion perpetua, or life imprisonment should be imposed in a case, the
court, after discussion of the evidence and the law involved, shall render
judgment imposing the penalty of death, reclusion perpetua, or life
imprisonment as the circumstances warrant. Dowever, it shall refrain
from entering the judgment and forthwith certify the case and elevate the
entire record thereof to the Supreme 2ourt for review.
?ow letLs go to some interesting cases on appeal. 1a8e note, when an
accused is sentenced by the +12 to death, he can appeal to the S2. -ut
even if he will not appeal, there will be an automatic review. ?ow if he
is sentenced to perpetua, he must appeal to the S2. "therwise, the
judgement will become final. Dowever, there was an interesting
5P25!17"? which happened in the case of
!5"!,5 vs. !*?%*?7-*?
1&0 S2+* 0$0
E*21S: 1he accused was charged in three ') informations
for murder and the three cases were tried together. *nd there
were three ') decisions. De was convicted in all the three
murders. 7n the three cases for murder, he was sentenced to
reclusion perpetua in one and death for the other two. De did not
appeal. ?ow of course, the cases where he was sentenced to
death, a8yat yan sa S2.
7SSC5: Dow about the other case where he was he was
sentenced to reclusion perpetuaO Should the S2 also review the
other oneO
D5,<: I5S. ?ormally, hindi dapat eh, because he did not
appeal. Dowever, since these ' cases were tried together, he
committed murder allegedly on the same occasion, Je might as
well review also the other one. So that is one instance where
na8alusot NnoO
:Jhere a criminal case for murder where accused was
sentenced to perpetua, arose out of the same occasion as two
other criminal cases for murder where the same accused was
sentenced to death in a joint decision. 1he former shall be
deemed appealed automatically jointly with the latter two cases,
even if the accused did not appeal from the court sentence of
reclusion perpetua in the first case. 7t would be absurd to reAuire
accused, under the peculiar circumstances, to file a separate
appeal because the three criminal cases of which he was
convicted by the trial court in a single decision are so
intertwined with each other, the three cases having arisen on the
same occasion.
*lthough there was a justice who dissented, :Dindi pwede yan.9 De
did not agree with the majority ruling. :Je stic8 to the rule: 8apag
perpetua, you appeal. 7f you will not, hindi pwede.9 So dissenting
justice *Auino says, :Je cannot set aside that portion of the judgment
imposing reclusion perpetua because it is not under review. 7t has long
become final and e@ecutory because there was no appeal from that
portion of the judgment. 7t should have been appealed in order to be
reviewed by this 2ourt.9
1hat is the general rule. Iou cannot e@pect an automatic review in a
penalty of reclusion perpetua. ?ow another interesting case on death
penalty was the case of !5"!,5 ;S. 5?27S", infra, which was also
controversial decision. 1he Supreme 2ourt was not unanimous, no.
*lright, what happened hereO
!5"!,5 vs. 5?27S"
1/( S2+* 4&.
E*21S: 1wo accused were charged with the crime of
robbery with homicide which is punishable by death. 1hey
pleaded guilty. 2onsidering the gravity of the crime, the trial
court ordered a mandatory presentation of evidence by the
prosecutor.
*fter hearing, the court found them guilty beyond reasonable
doubt and imposed the death penalty. 1hey did not appeal but
the case was elevated to the Supreme 2ourt on automatic
review. Dowever, on appeal, the S2 found the evidence
insufficient.
D5,<: :<espite accusedLs pleas of guilty, Je believe the
pleas must not be ta8en against them, for as clearly borne out by
the evidence presented, said guilt has not actually been proved
beyond reasonable doubt. 1he fact that they did not appeal is of
no conseAuence, for after all, this case is before Cs on automatic
review that is whether appeal was made or not), for after all,
this case is before Cs on automatic review, accused are
acAuitted on reasonable doubt.9
*gain, there were four #) justices who refused to concur. *ng 8anila,
of course there is presentation of evidence, they argued, guilty. 1apos
ni=review natin but dis8umpiyado tayo, then just impose perpetua,
huwag mong i=acAuitV -ecause they pled guilty na. -ut the majority,
:Je will acAuit.9 GpalagOH *nother interesting case on appeal is the 1$$/
case of
M*?C5, vs. *,E52D5, >+.
&0$ S2+* #40
E*21S: 1he petitioner here, <elia Manuel, filed a criminal
case for libel against the editor=in=chief, associate editor and
asst. editor of a regional newspaper in the Jestern ;isayas,
8nown as !anay ?ews, which has considerable circulation in
!anay 7sland and throughout Jestern ;isayas. *fter trial, >udge
*lfeche found the accused guilty, so all the accused were
convicted, but ManuelLs claim for damages was dismissed.
"f course, both parties were aggrievedV 1he accused were
aggrieved because they were convicted. 1he offended party,
Manuel, was also aggrieved because her claim for civil liability
was dismissed. So, the accused appealed the conviction to the
2* because that is where the appeal should go. Si Manuel
naman raised the correctness of the judgement depriving her of
civil liability, on pure Auestion of law, to the S2 by way of
appeal by certiorari.
7SSC5: 7s that procedure correctO -ecause nahati eh the
offended party going to the S2 and the other party to the 2*.
Mag8agulo na yan eh because that would practically be splitting
the appeal in two parts, NnoO
D5,<: Jhile normally on Auestions of law, from the +12 to
the S2 should be by petition for review. ?ow, because of this
situation, everybody should go to 2*. 1hat is the ruling in this
case.
:7n view of the factual environment of this case, particularly
that private respondents herein had already ta8en an appeal to
the 2ourt of *ppeals to Auestion the trial courtXs judgment of
conviction, the proper remedy for petitioner is simply ordinary
appeal to the said tribunal.
1his is so because the award of moral and e@emplary
damages by the trial court is ine@tricably lin8ed to and
necessarily dependent upon the factual finding of basis therefor,
namely, the e@istence of the crime of libel. 7nasmuch as the very
same <ecision herein assailed is already pending review by the
2ourt of *ppeals, there is a distinct possibility that said court
may, if the facts and the law warrant, reverse the trial court and
acAuit the accused. 7n such event, the appellate courtXs action
could collide with a ruling finding merit in petitionerXs
contentions before this 2ourt. Such a situation would lead to
absurdity and confusion in the ultimate disposition of the case.
"bviously, this possibility must be avoided at all cost. 1his is at
least the reason for the rule against forum=shopping. 2learly,
then, petitioner ought to have brought her challenge in the 2ourt
of *ppeals9 although she is appealing on pure Auestions of law.
?andoon na yong accused, eh. Sumama 8a na lang doon. ,et
one court decide the whole thing.
*!!5*, E+"M 1D5 S*?<7%*?-*I*?
F: 7f you are tried in the Sandiganbayan for, letLs say, graft, you are a
grade &4 employee of the government or higher. 7f you are convicted,
where will you appealO
*: Iou appeal to the Supreme 2ourt by way of appeal by certiorari
under +ule #0.
?ow, the constitutionality or validity of that procedure was attac8ed
in the case of :
?CU5M vs. S*?<7%*?-*I*?
111 S2+* #''
E*21S: 1he challenge in this case is that the Sandiganbayan
law, at least on that portion on appeal, is unconstitutional
because what is violated is eAual protection of the law. -ecause
for e@ample: *n employee who is below %rade &4 is tried for
*nti=%raft, where will case be filedO 7t should be filed in +12.
7n case he is convicted, where will he appealO De will appeal in
the Sandiganbayan. *nd then from Sandiganbayan to S2.
"r, in case he is a civilian, or the case is not *nti=%raft, that
would be from the +12 to 2*, and 2* to S2. 7f you notice in
both e@amples, there are two levels of appeals, eh. ?ow, if you
are tried in the Sandiganbayan and you are %rade &4 or higher
and you are convicted, you appeal will be to the S2 so, isang
level lang. -a8it siya dalawa, a8o isa langO So, the law is
unconstitutional. 7t violates the eAual protection of the law. 7t is
discriminatory that was the challenge.
D5,<: 1he majority still sustained the validity. -ut there
were three senior members of the Supreme 2ourt at that time
who dissented. 1hey believe that the law is unconstitutional =
ba8it all the rest dalawa ang appeal, a8o isa langO *mong those
who dissented were >ustice 1eehan8ee, Ma8asiar and
EernandeB. 1hese were very influential in the Supreme 2ourt
and they were the ones who voted to declare the law
unconstitutional. -ut the majority said it is valid.
Starting with that, the S2 adopted the policy that if you are convicted
by the Sandiganbayan and you go to the Supreme 2ourt on appeal by
certiorari, we will carefully review the petition for review because
precisely, you are placed at a disadvantage. Iou have only one level,
one appeal lang eh. *nd therefore, it is our obligation to really review
everything to see to it that you were correctly convicted. 7 thin8 that is
what happened to 7melda Marcos, noO So the court said in the case of
25S*+ vs. S*?<7%*?-*I*?
1'# S2+* 1(0
D5,<: :2onsidering further that no less than three senior
members of this 2ourt, >ustices 1eehan8ee, Ma8asiar, and
EernandeB dissented from the 2ourtXs opinion in ?uTeB vs.
Sandiganbayan partly because of the absence of an intermediate
appeal from Sandiganbayan decisions, where Auestions of fact
could be fully threshed out, this 2ourt has been most consistent
in carefully e@amining all petitions see8ing the review of the
special courtXs decisions to ascertain that the fundamental right
to be presumed innocent is not disregarded. 1his tas8 has added
a heavy burden to the wor8load of this 2ourt but it is a tas8 we
steadfastly discharge.9
7n other words, it has become cumbersome, noO -ecause we have to
be very careful. Je have to be very meticulous. 6aya it has become an
added burden. Je have no choice because the accused is deprived of a
second chance. 1his is his last chance, so we have to be very sure that
he is really guilty.
S52. #. Service of notice of appeal. 7f personal service
of the copy of the notice of appeal can not be made upon the
adverse party or his counsel, service may be done by
registered mail or by substituted service pursuant to sections
4 and . of +ule 1'. #a)
Ser0ice of -otice of &ppeal
1. <o whom notice of appeal should e ser0ed%
1. U'on %)e ad$er&e 'ar%/# or
". 0i& con&el
2. Procedure in ser0ing the notice%
1. (eneral )ule%
</ 'er&onal &er$ice
2. E*ceptions%
1. </ re(i&%ered mail# or
". </ &Ami%%ed &er$ice 'r&an% %o Rle 1* Sec. = S D
S52. 0. Jaiver of notice. 1he appellee may waive his
right to a notice that an appeal has been ta8en. 1he appellate
court may, in its discretion, entertain an appeal
notwithstanding failure to give such notice if the interests of
justice so reAuire. 0a)
'ailure to (i0e -otice to &ppellee
1. <he appellee ma/ 7ai$e )i& ri()% %o a no%ice %)a% an a''eal
)a& Aeen %aIen
2. <he appellate court ma/# in i%& di&cre%ion# en%er%ain %)e
a''eal# i+ %)e in%ere&%& o+ E&%ice &o re;ire
F: Jho is the appellantO
*: 7f you are convicted in the lower court and you appealed, you are
the appellant.
F: Jho is the appelleeO
*: !eople of the !hilippines.
S52. /. Jhen appeal to be ta8en. *n appeal must be
ta8en within fifteen 10) days from promulgation of the
judgment or from notice of the final order appealed from.
1his period for perfecting an appeal shall be suspended from
the time a motion for new trial or reconsideration is filed
until notice of the order overruling the motion has been
served upon the accused or his counsel at which time the
balance of the period begins to run. /a)
Period to &ppeal
1. Period to fle an appeal T Wi%)in 1- da/& +romM
1. Proml(a%ion o+ %)e Ed(men%# or
". no%ice o+ %)e !nal order a''ealed +rom
2. E@ects if the accused fles a motion for new trial or
reconsideration%
1. %)e 'eriod +or 'er+ec%in( an a''eal &)all Ae &&'ended
+rom %)e %ime %)e
mo%ion i& !led# and
". onl/ %)e Aalance o+ %)e 'eriod &)all Ae(in %o rn a(ain
+rom %)e %ime %)e
no%ice den/in( %)e mo%ion )a& Aeen &er$ed 'on %)e
acc&ed or )i& con&el

1. &ppeal in promulgation in asentia
Estrada 0. People
#=1 S2)& 233
&ugust 23, 2663
Second Di0ision% &ustria.4artine/, 8.
Issue%
W)ere Ed(men% i& 'roml(a%ed in aA&en%ia# 7)en doe& %)e
1-Cda/ 'eriod %o a''eal Ae(in %o rnJ
9eld%
T)e Rle& allo7 'roml(a%ion o+ Ed(men% in absentia %o
oA$ia%e %)e &i%a%ion 7)ere Edicial 'roce&& cold Ae &A$er%ed A/
%)e acc&ed Em'in( Aail. <% %)e Rle& al&o 'ro$ide mea&re& %o
maIe 'roml(a%ion in absentia a +ormal and &olemn ac% &o %)a%
%)e aA&en% acc&ed# 7)ere$er )e ma/ Ae# can Ae no%i!ed o+ %)e
Ed(men% rendered a(ain&% )im.
T)e mean& o+ no%i!ca%ion areM 415 %)e ac% o+ (i$in( no%ice %o
all 'er&on& or %)e ac% o+ recordin( or re(i&%erin( %)e Ed(men% in
%)e criminal docIe% 27)ic) Sec. 8 inciden%all/ men%ion& !r&%
&)o7in( i%& im'or%ance39 and 4"5 %)e ac% o+ &er$in( a co'/ %)ereo+
'on %)e acc&ed 2a% )i& la&% Ino7n addre&&3 or )i& con&el. In a
&cenario 7)ere %)e 7)ereaAo%& o+ %)e acc&ed are nIno7n 2a&
7)en )e i& a% lar(e3# %)e recordin( &a%i&!e& %)e re;iremen% o+
no%i+/in( %)e acc&ed o+ %)e deci&ion 7)ere$er )e ma/ Ae. From
%)e +ore(oin(# acc&ed i& deemed no%i!ed o+ %)e deci&ion 'on i%&
recordin( in %)e criminal docIe% and )e onl/ )ad 1- da/&
%)ere+rom 7i%)in 7)ic) %o !le an a''eal.
2. E@ect of motion for new trial
a. Where motion is granted
Augan 0. People
2## S2)& 2=3
4a! 22, 1553
Second Di0ision% 4endo/a, 8.
,uestion%
W)en %)e mo%ion +or ne7 %rial i& (ran%ed# A% %)e cor%
a?rm& %)e ori(inal Ed(men% o+ con$ic%ion# 7)a% i& %)e 'eriod %o
a''ealJ
&nswer%
T)e 'eriod %o a''eal i& 1- da/& con%ed +rom recei'% o+ %)e
ne7 Ed(men%. Sec. 8# Rle 1"" o+ %)e Rle& o+ Cor% &%a%e& %)a%
%)e 'eriod +or 'er+ec%in( an a''eal &)all Ae in%err'%ed +rom %)e
%ime a mo%ion +or ne7 %rial or recon&idera%ion i& !led n%il no%ice
o+ %)e order o$errlin( %)e mo%ion &)all )a$e Aeen &er$ed 'on
%)e acc&ed or )i& con&el. T)& %)e rle 'ro$ide& +or %)e
in%err'%ion o+ %)e a''eal 'eriod in %)e e$en% %)e mo%ion +or ne7
%rial or recon&idera%ion i& o$errled. T)e im'lica%ion i& %)a% i+ %)e
mo%ion +or ne7 %rial i& (ran%ed and a ne7 Ed(men% i& rendered
a+%er %)e ne7 %rial 7a& condc%ed# %)e 'eriod 7i%)in 7)ic) %o
'er+ec% an a''eal i& 1- da/& +rom recei'% o+ %)e ne7 Ed(men%.
. Where motion is denied
8amiliano 0. 2ue0as
132 S2)& 131
8ul! 23, 151:
'irst Di0ision% Paras, 8.
'acts%
Con&el recei$ed %)e co'/ o+ %)e deci&ion con$ic%in( acc&ed
on Oc%. 1*# 1F=>. On Oc%. "D# %)e la&% da/ +or 'er+ec%in( an
a''eal# )e !led a mo%ion +or ne7 %rial. On No$. *># 1F=> con&el
recei$ed a co'/ o+ %)e order den/in( %)e mo%ion +or ne7 %rial. On
Dec. 1# )e !led a 'ro +orma mo%ion +or recon&idera%ion. On Dec.
18# )e !led a No%ice o+ A''eal.
Issue%
Wa& %)e a''eal !led on %imeJ
9eld%
No. E$en i+ %)e 'eriod o+ 1- da/& %o a''eal 7ere con%ed
+rom %)e da%e 7)en con&el recei$ed a co'/ o+ %)e deci&ion 2Oc%.
1*# 1F=>3 %)e la&% da/ o+ %)e 1-Cda/ 'eriod 7a& Oc%. "D# 1F=>. 0i&
no%ice o+ a''eal !led on Dec. 18# 1F=> 7a& o% o+ %ime. T)e !lin(
o+ %)e 1o%ion +or Ne7 Trial on Oc%. "D# 1F=># &&'ended %)e
rnnin( o+ %)e a''eal 'eriod nder Sec. 8# Rle 1"". T)i& le+%
con&el onl/ one 213 da/ %o 'er+ec% a''eal in %)e e$en% )i& 1o%ion
+or Ne7 Trial 7a& denied. On No$. *># 1F=># 7)en con&el
recei$ed %)e order den/in( )i& 1o%ion +or Ne7 Trial# )e )ad onl/
' %o Dec. 1# 1F=> 7i%)in 7)ic) %o 'er+ec% )i& a''eal. Needle&& %o
&%a%e# %)e mo%ion +or recon&idera%ion !led on Dec. 1# 1F=> Aein(
merel/ 'roC+orma# did no% &&'end %)e rnnin( o+ %)e 'eriod o+
a''eal.
3. E@ect of motion for reconsideration
9eirs of )illorta 0. 'irme
13: S2)& 311
8anuar! 25, 1511
'irst Di0ision% 2ru/, 8.
'acts%
T)e Ed(men% 7a& 'roml(a%ed on .an. "*# 1FD>. T)e
'ro&ec%ion !led a mo%ion +or recon&idera%ion on FeA. "# 1FD>.
T)e 'ri$a%e 'ro&ec%or recei$ed a co'/ o+ %)e order den/in( %)e
mo%ion on 1ar. 1D# 1FD>. On 1ar. "># 1FD># )e a''ealed %)e ci$il
a&'ec% o+ %)e Ed(men%.
Issue%
Wa& %)e a''eal !led on %imeJ
9eld%
Ye&. T)e no%ice o+ a''eal 7a& !led 7i%)in %)e 1-Cda/
re(lemen%ar/ 'eriod. T)e mo%ion +or recon&idera%ion o+ %)e
deci&ion rendered in o'en cor% on .an. "*# 1FD># 7a& !led on
FeA. "# 1FD># da%e o+ i%& 'o&%in( A/ re(i&%ered mail. Onl/ 1> da/&
)ad ela'&ed +rom %)e earlier da%e. T)e rnnin( o+ %)e 'eriod 7a&
&&'ended 7)ile %)e mo%ion 7a& nder &%d/ and n%il a co'/ o+
%)e order den/in( %)e &ame 7a& +rni&)ed %)e 'ri$a%e 'ro&ec%or
on 1ar. 1D# 1FD>. W)en on 1arc) "># %)e !&cal and %)e 'ri$a%e
'ro&ec%or Eoin%l/ !led a no%ice o+ a''eal# onl/ 1" da/& o+ %)e
'eriod o+ a''eal )ad Aeen con&med.
#. E@ect of application for proation
a. -on.suspension of period to appeal
Palo 0. 4ilitante
11# S2)& 353
&pril 11, 1556
Second Di0ision% )egalado, 8.
Issue%
Doe& %)e !lin( o+ an a''lica%ion +or 'roAa%ion &&'end %)e
rnnin( o+ %)e 'eriod +or 'er+ec%in( an a''ealJ
9eld%
No. T)e 'er%inen% 'or%ion o+ Sec. , o+ P.D. F8D# a& amended
A/ P.D. 1FF># 'ro$ide&M
KSEC. ,. Brant of *robation. --- SAEec% %o %)e 'ro$i&ion&
o+ %)i&
Decree# %)e %rial cor% ma/# a+%er i% &)all )a$e con$ic%ed and
&en%enced a
de+endan%# and 'on a''lica%ion A/ &aid de+endan% 7i%)in
%)e 'eriod +or
'er+ec%in( an a''eal# &&'end %)e eGec%ion o+ %)e &en%ence
and 'lace %)e
de+endan% on 'roAa%ion +or &c) 'eriod and 'on &c) %erm&
and
condi%ion& a& i% ma/ deem Ae&%9 Pro$ided# T)a% no
a''lica%ion +or 'roAa%ion
&)all Ae en%er%ained or (ran%ed i+ %)e de+endan% )a&
'er+ec%ed an a''eal
+rom i%& Ed(men% o+ con$ic%ion.L
I% i& clear %)a% 7)a% %)e la7 re;ire& i& %)a% %)e a''lica%ion
+or 'roAa%ion m&% Ae !led 7i%)in %)e 'eriod +or 'er+ec%in( an
a''eal. T)e need %o !le i% 7i%)in &c) 'eriod 7a& in%ended %o
encora(e oBender&# 7)o are 7illin( %o Ae re+ormed and
re)aAili%a%ed# %o a$ail o+ 'roAa%ion a% %)e !r&% o''or%ni%/. Sc)
'ro$i&ion 7a& ne$er in%ended %o &&'end %)e 'eriod +or %)e
'er+ec%ion o+ an a''eal.
. Wai0er of appeal
2al 0. 2&
231 S2)& 323
Decemer 21, 1553
<hird Di0ision% Panganian, 8.
'acts%
On %)e da/ %)a% acc&ed 7a& con$ic%ed o+ ille(al recri%men%
and &en%enced %o , /ear& im'ri&onmen%# )e 7a& commi%%ed %o Eail
A/ $ir%e o+ a commi%men% order. T)e +ollo7in( da/# acc&ed#
a&&i&%ed A/ )i& con&el# !led 7i%) %)e cor% an a''lica%ion +or
'roAa%ion# an a?da$i% o+ reco(ni6ance# and an a''lica%ion +or
relea&e on reco(ni6ance. Almo&% " 7eeI& la%er# acc&ed !led 7i%)
%)e %rial cor% a K1o%ion %o Wi%)dra7 a''lica%ion +or ProAa%ion and
No%ice o+ A''eal#L alle(in( %)a% )e K)a&%il/ !led )i& a''lica%ion
Aeca&e o+ %)e %)rea%& em'lo/ed 'on )im A/ %)e a%)ori%ie&L
and %)a% K)e 7a& no% aAle %o in%elli(en%l/ con&l% 7i%) )i& la7/er
and reNec% on %)e le(al con&e;ence& and eBec%& o+ )i&
a''lica%ion +or 'roAa%ion nder %)e la7L &o %)a% )e ma/ no% Ae
con&idered %o )a$e 7ai$ed )i& ri()% %o a''eal %)e deci&ion.L T)e
cor% denied %)e mo%ion.
Issue%
Did acc&ed lo&e )i& ri()% %o a''eal A/ a''l/in( +or
'roAa%ionJ
9eld%
Ye&. Sec. , o+ P.D. F8D 7a& amended A/ P.D. 1FF> %o maIe
'roAa%ion and a''eal m%all/ eGcl&i$e. T)i& i& Aeca&e an
acc&ed a''l/in( +or 'roAa%ion i& deemed %o )a$e acce'%ed %)e
Ed(men%. In +ac%# K. . . %)e a''lica%ion +or 'roAa%ion i& an
admi&&ion o+ (il% on %)e 'ar% o+ an acc&ed +or %)e crime 7)ic)
led %o %)e Ed(men% o+ con$ic%ion and . . . %)e a''lica%ion +or
'roAa%ion i& con&idered a 7ai$er 'on )i& 'ar% %o !le an a''eal# . .
.L T)e %rial cor%P& order den/in( %)e mo%ion %o 7i%)dra7 )i&
a''lica%ion +or 'roAa%ion and reEec%in( )i& no%ice o+ a''eal#
'ar%ooI o+ %)e na%re o+ an order (ran%in( 'roAa%ion# 7)ic) i& no%
a''ealaAle.
Cnder the ?eypes vs. 2* decision, the appellant is given a
fresh period of 10 days from notice of the order of denial of
the motion.
F: Jhen do you appealO
*: Cnder Section /, fifteen 10) days from promulgation of the
judgement or from notice of the order appealed from.
F: Jhat happens if you filed a motion for new trial or reconsideration
within the 10=day periodO
*: 1he same as in civil cases the filing of the motion for
reconsideration will suspend the running of the 10=day period to appeal
until notice of the order overruling the motion has been served upon the
accused or his counsel, at which time, the balance of the period begins to
run. 1hat phrase was added in the new rules :*t which time, the
balance of the period begins to run.9 1hat is only emphasiBing what the
rule should be.
So, the 10=day period does not start to run all over again. -ut you can
still apply the balance if the motion for reconsideration is denied. ?ow,
itong tanong 8o:
F: Suppose the motion for new trial is granted. *fter new trial,
convicted 8a pa rin. So there will be a second judgement. Jhat is your
period to appealO 7s it 10 days all over againO "r we count the 10=day
period from the first judgement, deducting the period during which the
motion for new trial was pendingO
*: 1he S2 said, the counting of the 10=day period starts all over again
from the time you received the second decision. "bugan vs. !eople,
May &&, 1$$0)
F: ?ow how do you reconcile that principle with Section /O
*: Section / is different because here, the motion for new trial is
denied but in the above e@ample, the motion for new trial was granted.
-ut after new trial, convicted 8a pa rin. So you start counting the period
to appeal all over again from the time you received the second
judgement. *nd the S2 cited Section /GcH of +ule 1&1.
+ule 1&1, S52. /. 5ffects of granting a new trial or
reconsideration. 1he effects of granting a new trial or
reconsideration are the following:
@ @ @ @ @
c) 7n all cases, when the court grants new trial or
reconsideration, the original judgment shall be set aside or
vacated and a new judgment rendered accordingly. /a)
F: Jhat is the effect of a motion for new trial if it is grantedO
*: Cnder +ule 1&1, the judgement is vacated. Meaning, it doesnLt
e@ist anymore. *fter new trial, convicted all over, start na naman tayo.
1hat was the ruling in the case of:
"-C%*? vs. !5"!,5
May &&, 1$$0
D5,<: 7f a motion for new trial is granted, and after new
trial, the accused is still convicted, he has 10 days all over again
to file an appeal because under +ule 1&1, the previous
judgement of conviction was already vacated. 7t does not e@ist
anymore.
:1hus the rule provides for the interruption of the appeal
period in the event the motion for new trial or reconsideration is
overruled. 1he implication is that if the motion for new trial is
granted, as in the case at bar, and a new judgment is rendered
after the new trial was conducted, the period within which to
perfect an appeal is fifteen days from receipt of the new
judgment.9
*lright, letLs go to another issue. Iou have two choices if you are
convicted 1) Eile a motion for reconsideration. &) 7f denied, you
appeal. ?ow, 7 will file a motion for reconsideration. *nd then while it is
still pending, there is still no order, 7 changed my mind, :*ppeal na lang
a8o diretso. 7 will not anymore insist. Jala nang mangyayari diyan.9
F: 2an 7 say, :7Lm withdrawing my motion for reconsideration and 7
am instead substituting it with a notice of appealO9
*: I5S, because that is your choice. Iou can abandon your motion
for reconsideration, withdraw it and then file a notice of appeal. ?o
problem about that.
F: -ut 7 will now reverse the situation: Jithin 10 days after
promulgation, 7 will file an appeal. *nd then after 1 or & or ' days,
:1e8a muna. 7 will file muna pala a motion for reconsideration. Duwag
muna yang appeal, ba8a sa8ali pala.9 So 7 say, :7Lm withdrawing my
notice of appeal, and instead file a motion for reconsideration.9 2an 7
still do thatO
*: 7n the case of !5"!,5 ;S. <5 ,* 2+CM &(1 S2+* /'&), 1he
S2 said, ?", you cannot because the moment you file your notice of
appeal, the appeal is already perfected and the court has lost jurisdiction
already over the case and can no longer change its own decision.
So bali8tad NnoO motion for reconsideration=withdraw=appeal,
pwede. *ppeal, and then withdraw motion for reconsideration, hindi
pwedeV because the court has no more jurisdiction over the case.
Sec. :
Duties of Stenographer when &ppeal is 'iled
1. When notice of appeal is fled ! the%
1. &ccused + %)e %rial cor% &)all direc% %)e &%eno(ra')ic
re'or%er %o
%ran&criAe )i& no%e& o+ %)e 'roceedin(&
2. People of the Philippines + %)e %rial cor% &)all direc%
%)e &%eno(ra')ic
re'or%er %o %ran&criAe &c) 'or%ion o+ )i& no%e& o+ %)e
'roceedin(& a& %)e
cor%# 'on mo%ion# &)all &'eci+/ in 7ri%in(
2. <he stenographic reporter shall%
1. Cer%i+/ %o %)e correc%ne&& o+ %)e no%e& and %)e %ran&cri'%
%)ereo+# 7)ic)
&)all con&i&% o+ %)e ori(inal and +or co'ie&# and
". File &aid ori(inal and +or co'ie& 7i%) %)e clerI 7i%)o%
nnece&&ar/
dela/
3. If death penalt! is imposed%
1. T)e &%eno(ra')ic re'or%er &)all# 7i%)in *> da/& +rom
'roml(a%ion o+ %)e
&en%ence# !le 7i%) %)e clerI %)e ori(inal and , co'ie& o+ %)e
dl/ cer%i!ed
%ran&cri'% o+ )i& no%e& o+ %)e 'roceedin(&
". No eG%en&ion o+ %ime +or !lin( o+ &aid %ran&cri'% o+
&%eno(ra')ic no%e&
&)all Ae (ran%ed eGce'% A/ %)e S'reme Cor% and onl/ 'on
E&%i!aAle (rond&.
1. 2ompletion of stenographic notes
&d0incula 0. I&2
1#: S2)& 2=2
8anuar! 1=, 151:
'irst Di0ision% 4elencio.9errera, 8.
Issues%
1a/ %)e CA di&mi&& an a''eal on %)e (rond o+ %)e +ailre o+
acc&ed %o %aIe %)e nece&&ar/ &%e'& %o com'le%e %)e record#
'ar%iclarl/ %)e aA&ence o+ %)e &%eno(ra')ic no%e& o+ %)e
%e&%imon/ o+ one 7i%ne&&# de&'i%e an order o+ %)e cor%J
9eld%
No. In all criminal 'ro&ec%ion& %)e acc&ed &)all )a$e %)e
ri()% %o a''eal in %)e manner 're&criAed A/ la7. <eca&e %)e ri()%
%o a''eal i& (ran%ed A/ %)e &%a%%e# i% i& 'ar% o+ de 'roce&& o+
la7# denial o+ 7)ic) $iola%e& %)e de 'roce&& cla&e o+ %)e
Con&%i%%ion. A''eal Aein( an e&&en%ial 'ar% o+ or Edicial &/&%em#
Cor%& &)old 'roceed 7i%) ca%ion &o a& no% %o de'ri$e a 'ar%/ o+
%)e ri()% %o a''eal. Sec. 1 o+ Rle -> merel/ con+er& a 'o7er and
doe& no% im'o&e a d%/9 and %)e &ame i& no% manda%or/ A%
merel/ direc%or/ 7)ic) %)& re;ire& a (rea% deal o+
circm&'ec%ion# con&iderin( all %)e a%%endan% circm&%ance&. I%
7a& 'rimaril/ Aeca&e o+ %)e ne(li(ence and lacIadai&ical
a%%i%de o+ %)e Cor% &%eno(ra')ic re'or%er& %)a% %)e no%e& o+ %)e
'roceedin(& 7ere ei%)er lo&% or no% %ran&criAed. T)i& nonC+ea&ance
&)old no% 'reEdice %)e ri()% o+ %)e acc&ed %o )a$e %)eir
con$ic%ion& re$ie7ed A/ a )i()er Cor%# e&'eciall/ &ince i% i& %)eir
liAer%/ 7)ic) i& a% &%aIe.
Sec. 1
<ransmission to &ppellate 2ourt upon &ppeal
1. Within 3 da!s from the fling of the notice of appeal +
%)e clerI o+ %)e cor% 7i%) 7)om %)e no%ice o+ a''eal 7a& !led
m&% %ran&mi% %o %)e clerI o+ cor% o+ %)e a''ella%e cor% %)e
+ollo7in(M
1. T)e no%ice o+ a''eal !led#
". T)e com'le%e record o+ %)e ca&e# and
*. T)e ori(inal and * co'ie& o+ %)e %ran&cri'% o+ &%eno(ra')ic
no%e&#
%o(e%)er 7i%) %)e record&
2. <he other cop! of the transcript + &)all remain in %)e lo7er
cor%
1. A$cer to whom dut! is imposed
<an 0. 2oliNores
2#6 S2)& 363
8anuar! 26, 1553
Second Di0ision% 4endo/a, 8.
'acts%
T)e 1TC Ed(e ordered %)e ClerI o+ Cor% %o %ran&mi% %)e
ori(inal record& o+ %)e concAina(e ca&e %o %)e RTC on FeA. 1=#
1FF* +ollo7in( an a''eal +rom %)e acc&ed. 0o7e$er# i% 7a& onl/
on 1ar. 1># 1FF,# 7)en %)e record& 7ere !nall/ %ran&mi%%ed %o %)e
)i()er cor%.
Issue%
W)o i& admini&%ra%i$el/ liaAle +or %)e dela/J
9eld%
Rle 1""# Sec. D 'ro$ide& %)a% %)e clerI or Ed(e o+ %)e cor%
7i%) 7)om %)e no%ice o+ a''eal )a& Aeen !led m&%# 7i%)in - da/&
a+%er !lin( o+ %)e no%ice# %ran&mi% %o %)e clerI o+ cor% %o 7)ic) %)e
a''eal i& %aIen# %)e com'le%e record in %)e ca&e %o(e%)er 7i%) %)e
no%ice o+ a''eal. T)e Ed(e i& no% liaAle +or %)e /earClon( dela/ in
%)e %ran&mi&&ion o+ %)e record&. W)ile )e )a& &'er$i&ion o$er %)e
clerI o+ cor%# )e canno% Ae eG'ec%ed %o con&%an%l/ c)ecI on %)e
la%%erP& 'er+ormance o+ )i& d%ie& &ince %)e ClerI o+ Cor% i&
're&med %o Ae a re&'on&iAle em'lo/ee. To %)e con%rar/# %)e
Ed(e )ad a ri()% %o eG'ec% %)a% %)e <ranc) ClerI o+ Cor% 7old
en+orce )i& order. I% i& %)e <ranc) ClerI o+ Cor% 7)o i&
re&'on&iAle +or &eein( %o i% %)a% %)e record& o+ a''ealed ca&e& are
'ro'erl/ &en% %o %)e a''ro'ria%e a''ella%e cor% 7i%)o% dela/. 0e
)a& &)o7n 7an% o+ dili(ence +or 7)ic) )e &)old Ae )eld
admini&%ra%i$el/ liaAle.
Sec. 5
&ppeal to the )<2M Procedure
1. Within 3 da!s from perfection of the appeal + %)e clerI o+
cor% o+ %)e 1TC &)all %ran&mi% %)e ori(inal record %o %)e
a''ro'ria%e RTC
2. Cpon receipt of the complete record of the case,
transcripts and e*hiits + %)e clerI o+ cor% o+ %)e RTC &)all
no%i+/ %)e 'ar%ie& o+ &c) +ac%
3. Within 13 da!s from receipt of said notice, the parties
ma!%
1. &Ami% memoranda or Arie+&# or
". Ae re;ired A/ %)e RTC %o do &o.
#. When the )<2 shall decide the case%
1. a+%er %)e &Ami&&ion o+ &c) memoranda or Arie+&# or
". 'on %)e eG'ira%ion o+ %)e 'eriod %o !le %)e &ame#
3. What ma! e the asis for the decision of the )<2%
1. %)e en%ire record o+ %)e ca&e# and
". &c) memoranda or Arie+& a& ma/ )a$e Aeen !led.
Sec. 16
<ransmission of )ecords to the 2& for &utomatic )e0iew in
2ase of Death Penalt!
1. <he records shall e forwarded%
1. 7i%)in "> da/&#
". A% no% earlier %)an 1- da/& +romM
1. %)e 'roml(a%ion o+ %)e Ed(men%# or
". no%ice o+ denial o+ a mo%ion +or ne7 %rial or
recon&idera%ion
2. <he transcript shall also e forwarded + 7i%)in 1> da/&
a+%er %)e !lin( %)ereo+ A/ %)e &%eno(ra')ic re'or%er
1. 8udgment where accused escapes
People 0. Palarica
33: S2)& 333
4a! :, 2661
En 7anc% Per curiam
Issue%
In %)e aA&ence o+ %)e acc&ed 7)o e&ca'ed drin( %rial# can
a deci&ion Ae rendered A/ an a''ella%e cor% a?rmin( a dea%)
&en%ence im'o&ed A/ %)e %rial cor%.
9eld%
Ye&. T)ere i& no (ood rea&on %o 7i%))old Ed(men% 'endin(
%)e reCarre&% o+ acc&ed a+%er re$ie7in( %)e deci&ion o+ %)e %rial
cor%. Rle 1""# Sec. 1> o+ %)e Re$i&ed Rle& o+ Criminal
Procedre in +ac% 'ro$ide& +or Ka%oma%ic re$ie7 and Ed(men%.L
Con&e;en%l/# i+ &c) re$ie7 &)o7& %)a% acc&ed i& (il%/# )i&
con$ic%ion m&% Ae a?rmed ei%)er in toto or 7i%) modi!ca%ion#
E&% a& )i& ac;i%%al m&% Ae declared i+ a re$ie7 &)o7& )e i&
innocen%. T)ere i& no &en&e in )oldin( %)a% %)e a%oma%ic re$ie7
o+ %)e deci&ion m&% 'roceed e$en i+ %)e acc&ed )a& aA&conded
&)or% o+ 'rononcin( )i& (il% in %)e e$en% %)e e$idence 7arran%&
a?rmance o+ %)e deci&ion o+ %)e %rial cor%.
?ow letLs go to Section 11, one of the most important provisions. ,et
us go to Section 11, no. 5ffect of appeal by several accused.
S52. 11. 5ffect of appeal by any of several accused. a)
*n appeal ta8en by one or more of several accused shall not
affect those who did not appeal, e@cept insofar as the
judgment of the appellate court is favorable and applicable to
the latter.
b) 1he appeal of the offended party from the civil aspect
shall not affect the criminal aspect of the judgment or order
appealed from.
c) Cpon perfection of the appeal, the e@ecution of the
judgment or final order appealed from shall be stayed as to
the appealing party. 11a)
paragraph GaH: *n appeal ta8en by one or more of several accused
shall not affect those who did not appeal, e@cept insofar as the judgment
of the appellate court is favorable and applicable to the latter.
E@ect of &ppeal when there are Se0eral &ccused
1. When an appeal is made ! one or more of se0eral
accused%
1. (eneral )ule + %)e one& 7)o did no% a''eal &)all no% Ae
aBec%ed A/ %)e
Ed(men% o+ %)e a''ella%e cor%
2. E*ception + %)e/ &)all Ae aBec%ed onl/ 7)en %)e
Ed(men% o+ %)e
a''ella%e cor% i&M
1. +a$oraAle %o %)em# and
". a''licaAle %o %)em
2. E@ect of appeal ! the o@ended part! with respect to
the ci0il aspect%
I% &)all no% aBec% %)e criminal a&'ec% o+ %)e Ed(men% or
order a''ealed
+rom
3. E@ect of perfection of the appeal%
T)e eGec%ion o+ %)e Ed(men% or !nal order a''ealed +rom
&)all Ae &%a/ed
a& %o %)e a''ealin( 'ar%/
1. Where "udgment is re0ersed
People 0. Escano
3#5 S2)& =:#
8anuar! 15, 2661
'irst Di0ision% Da0ide, Sr., 8.
'acts%
E&cano# %o(e%)er 7i%) U&ana and Lo'e6# 7a& c)ar(ed 7i%)
$iola%ion o+ Sec. ,# Ar%. II o+ R.A. 8,"-. E&cano and U&ana 7ere
al&o c)ar(ed 7i%) $iola%ion o+ P.D. 1D88. All 7ere con$ic%ed and
%)e/ a''ealed. E&cano# )o7e$er# 7i%)dre7 )i& a''eal and &%ar%ed
&er$in( )i& &en%ence. U&ana and Lo'e6 7ere la%er on ac;i%%ed A/
%)e SC.
Issue%
S)old E&cano Ae al&o ac;i%%edJ
9eld%
Ye&. Sec. 112a3# Rle 1"" o+ %)e Ne7 Rle& on Criminal
Procedre 'ro$ide& %)a% an a''eal %aIen A/ one or more o+
&e$eral acc&ed &)all no% aBec% %)o&e 7)o did no% a''eal# eGce'%
in&o+ar a& %)e Ed(men% o+ %)e a''ella%e cor% i& +a$oraAle and
a''licaAle %o %)e la%%er. Con&iderin( %)a% %)e ac;i%%al o+ U&ana
and Lo'e6 Aa&ed on rea&onaAle doA%# %)e &ame &)old Aene!%
E&cano no%7i%)&%andin( %)e +ac% %)a% )e 7i%)dre7 )i& a''eal.
2. Where ci0il liailit! is modifed
People 0. 2aales
2:# S2)& 13
8une 15, 155:
<hird Di0ision% Panganian, 8.
'acts%
T)e RTC con$ic%ed Y and Y o+ " con%& o+ ra'e and ordered
%)em %o 'a/ P"-#>>> +or eac) con% a& moral dama(e&. Y
a''ealed# 7)ile Y did no%. In a?rmin( %)e con$ic%ion&# %)e SC
increa&ed %)e moral dama(e %o P->#>>> +or eac) con%# dele%ed
%)e eGem'lar/ dama(e a7arded A/ %)e RTC# and +r%)er ordered
'a/men% o+ P1>>#>>> a& indemni%/ %o %)e $ic%im.
Issue%
W)a% i& %)e eBec% o+ %)e modi!ca%ion& on %)e ci$il liaAili%/ o+
Y 7)o did no% a''ealJ
9eld%
&dditional 'enal%ie& canno% 'reEdice an acc&ed 7)o did
no% a''eal# A% modi!ca%ion& %o %)e Ed(men% Aene!cial %o )im
are con&idered in )i& +a$or. <eca&e o+ %)e dele%ion o+ %)e a7ard
o+ eGem'lar/ dama(e&# Y i& onl/ liaAle# Eoin%l/ and &e$erall/ 7i%)
Y# +or %)e &m o+ P->#>>> a& moral dama(e& +or %)e " con%& o+
ra'e a& adEd(ed A/ %)e RTC. 1oreo$er# Y i& no% aBec%ed A/ %)e
increa&e in %)e amon% o+ %)e &aid a7ard. In %)e &ame $ein %)a%
%)e addi%ional moral dama(e& can no lon(er Ae im'o&ed# Y canno%
al&o Ae ordered %o 'a/ ci$il indemni%/.
3. Where accused escapes efore trial
People 0. 'ernande/
11= S2)& 136
8une 2:, 1556
Second Di0ision% )egalado, 8.
Issue%
Doe& %)e rle %)a% a +a$oraAle Ed(men% in an a''eal Aene!%
an acc&ed 7)o did no% a''eal a''l/ al&o %o a coCacc&ed 7)o
Em'ed Aail or e&ca'ed a+%er arrai(nmen% and 7a& %ried and
con$ic%ed in aA&en%iaJ
9eld%
Ye&. Under Sec. 11# Rle 11"# an a''eal &)all no% aBec% %)o&e
7)o did no% a''eal# eGce'% in&o+ar a& %)e Ed(men% o+ %)e
a''ella%e cor% i& +a$oraAle and a''licaAle %o %)e la%%er. W)ile# in
eBec%# acc&ed commi%%ed an ac% o+ de!ance o+ %)e la7 A/
e&ca'in(# &c) nde&iraAle condc%# 7)ic) &)old no% Ae
condoned# )a& &ome%ime& Aeen a&criAed %o a &en&e o+
de&'era%ion o+ %)o&e 7)o Aelie$e %)e/ are (il%le&& A% +ear %)a%
%)e/ canno% 'ro$e %)eir innocence. W)ile 7e ca&%i(a%e and
re'ro$e )i& Em'in( Aail and remainin( a% lar(e ' %o no7# 7e
)a$e %o concede# )o7e$er# %)a% or di&;i&i%ion in %)i& ca&e i&
a''licaAle and +a$oraAle %o )im# )ence )e i& aBec%ed A/ and &)all
Aene!% +rom %)e ac;i%%al %)a% 7e )and do7n in %)i& a''eal.
F: 1here are & accused. -oth of them are convicted. "ne will appeal,
the other will not appeal. Suppose, the one who appealed, nanalo. Jill
it favor then other accused who did not appealO
*: 1he %5?5+*, +C,5 is ?" because if you do not appeal, the
judgement of conviction will become final as far as you are concerned.
Dowever, there is an 5P25!17"? if the ruling in the appeal also
applies to you, you will be favored.
Eor e@ample: 1wo accused were convicted. "ne appealed, the other
one did not appeal. "n the appeal sabi ng court, :?o. 1he victim was not
8illed. De committed suicide.9 ?alo8o naV *cAuitted yunV :!aano na
a8oO ?a8ulong a8oV9 7t will also benefit you because the judgement of
the appellate court is also favorable and applicable to you. -C1 if the
ruling is only applicable to the appealing accused, pasensya 8a.
,i8e for e@ample, both of you are convicted. Iou will not appeal, he
will appeal. De will appeal tapos sabi niya, :Minor man a8oV MinorV9
1apos sabi ng appellate court , :*h, minorV De did not act with
discernment. "8V *cAuittedV9 So, paano 8aO Maiwan 8a, hindi 8a man
minorV 1he defense of minority is not applicable to you.

?ow, this provision has been applied already several times. *mong
the first cases where this was applied was the case of:
!5"!,5 vs. E5+?*?<5M
1./ S2+* .'(
E*21S: 1here were two accused charged for selling
marijuana, under the <angerous <rugs *ct. -oth of them were
convicted. *ccused ?o. 1 appealed, but *ccused ?o. & jumped
bail and remained at large. "n appeal, the Supreme 2ourt
acAuitted *ccused ?o. 1 because of material discrepancies in
the testimony of the star prosecution witness.
7SSC5: Jhat happens now to the conviction of *ccused ?o.
&, who escaped and did not appeal his convictionO
D5,<: 7t applies to the *ccused ?o. &. :Jhile, in effect, he
committed an act of defiance of the law by escaping, we are not
without other prior incidents where such undesirable conduct,
which should not be condoned, has sometimes been ascribed to
a sense of desperation of those who believe they are guiltless
but fear that they cannot prove their innocence. Jhile we
castigate and reprove his jumping bail and remaining at large up
to now, we have to concede, however, that our disAuisition in
this case is applicable and favorable to him, hence he is affected
by and shall benefit from the acAuittal that we hand down in this
appeal.9
So acAuitted 8ahit na nag=jump bail, because of this provisionWSo
with that, he can come out openly. *nd the ruling happened again. 1he
same thing happened in the 1$$/ case of !5"!,5 ;S. !5+5M &/'
S2+* &(/). *nd one of the latest where this happened again is the 1$$.
case of
!5"!,5 vs. +C%*I
&$1 S2+* /$&
D5,<: :Einally, the 2ourt notes that the conviction of
appellantXs co=accused, *rvil ;illalon, rests on the same
evidence used to convict appellant. 1he 2ourt finds that such
evidence does not prove beyond reasonable doubt either of the
accusedXs guilt. 1he acAuittal of +icolito +ugay should also
benefit *rvil ;illalon, the withdrawal of the latterXs appeal
notwithstanding.9
?ow letLs go to GbH:
b) 1he appeal of the offended party from the civil aspect
shall not affect the criminal aspect of the judgment or order
appealed from.
1his is what 7 told you earlier that the civil aspect is different from the
criminal aspect. 7t is possible that the accused is acAuitted but the
offended party may appeal insofar as the civil aspect of the case is
concerned. 7t shall not affect the criminal aspect of the judgement or
order appealed from.
F: ?ormally, who will handle the appeal in criminal casesO
*: Solicitor=%eneral. 1he Solicitor=%eneral handles the appeal.
-C1 the S2 said that if the appeal is only about the offended party,
walang pa8ialam ang gobyerno diyanV ,et the offended party handle his
own appeal and let him get his own lawyer to handle the appeal. So the
2ourt said in the case of
-5+?*+<" vs. 2"C+1 "E *!!5*,S
1$( S2+* /'
D5,<: :1he 2ourt has clearly settled the matter by ruling
that despite a judgment of acAuittal, the offended party, private
respondent in the case at bar, may appeal, only insofar as the
civil aspect of the case is concerned.9
:Such an appeal dispenses with the authority and
representation of both the fiscal and the Solicitor %eneral,
considering that the subject matter of the action involves solely
the interests of the offended party and hence, no longer concerns
the State.9
,etLs go to paragraph GcH:
c) Cpon perfection of the appeal, the e@ecution of the
judgment or final order appealed from shall be stayed as to
the appealing party. 11a)
F: Jhat are the effects of a perfected appealO
*: 1he following are the effects: parang sa civil procedure din
1. 1he e@ecution of the sentence is stayed3
&. 1he trial court loses jurisdiction over the case because it is now
transferred to the higher court, the 2ourt of *ppeals.
'. "nce you appeal, the entire case is open for review and you are
waiving your right to double jeopardy.
F: ?ow finally, can you withdraw an appealO
*: I5S. 1he procedure for withdrawing an appeal is found in Section
1&:
S52. 1&. Jithdrawal of appeal= ?otwithstanding
perfection of the appeal, the +egional 1rial 2ourt,
Metropolitan 1rial 2ourt, Municipal 1rial 2ourt in 2ities,
Municipal 1rial 2ourt, or Municipal 2ircuit 1rial 2ourt, as
the case may be, may allow the appellant to withdraw his
appeal before the record has been forwarded by the cler8 of
court to the proper appellate court as provided in section ., in
which case the judgment shall become final. 1he +egional
1rial 2ourt may also, in its discretion, allw the appellant from
the judgment of a Metropolitan 1rial 2ourt, Municipal 1rial
2ourt in 2ities, Municipal 1rial 2ourt, or Municipal 2ircuit
1rial 2ourt to withdraw his appeal, provided a motion to that
effect is filed before rendition of the judgment in the case on
appeal, in which case the judgment of the court of origin
shall become final and the case shall be remanded to the
latter court for e@ecution of the judgment. 1&a)
Withdrawal of &ppeal
1. When withdrawal of appeal ma! e made%
1. E$en a+%er 'er+ec%ion o+ %)e a''eal
Pro$ided %)e record o+ %)e ca&e )ad no% Aeen +or7arded
%o %)e
a''ella%e cor%
". W)en %)e a''eal i& made %o %)e RTC +rom %)e Ed(men% o+
%)e 1TCM
Pro$ided a mo%ion %o 7i%)dra7 a''eal i& !led Ae+ore %)e
RTC render&
Ed(men% on a''eal
2. <he granting of the motion to withdraw an appeal is
discretionar! on the part of the court
Withdrawal of the appeal%
When withdrawal
is 4ade
Which 2ourt
&ppro0es
Withdrawal
E@ect of &ppro0ed
Withdrawal
U'on PERFECTION o+
%)e a''eal <EFORE
%)e record )a& Aeen
+or7arded %o %)e
a''ella%e cor%
Cor% o+ Ori(in .d(men% o+ cor% o+
ori(in Aecome& !nal
<EFORE Ed(men% o+
a''ealed ca&e in %)e
RTC ori(inall/
decided A/ 1TC
RTC .d(men% o+ cor% o+
ori(in Aecome& !nal
and %)e ca&e &)all
Ae remanded AacI
%o i% +or eGec%ion
1. Discretion of the court
<eodoro 0. 2&
231 S2)& =63
8ul! 11, 155=
Second Di0ision% 4endo/a, 8.
'acts%
Acc&ed 7a& c)ar(ed 7i%) (ra$e &lander A/ deed# A% %)e
1TC con$ic%ed )im o+ &im'le &lander A/ deed &en%encin( )im %o
'a/ a !ne o+ P11>. 0e a''ealed %o %)e RTC. W)en %)e RTC ordered
)im %o &Ami% )i& memorandm# )e in&%ead !led a mo%ion %o
7i%)dra7 a''eal and 'aid %)e !ne o+ P11> im'o&ed A/ %)e 1TC.
T)e RTC denied %)e mo%ion and con$ic%ed )im o+ (ra$e &lander.
Issue%
I& %)e RTC correc%J
9eld%
Ye&. Under Rle 1""# 1" o+ %)e Rle& o+ Cor%# %)e 7i%)dra7al
o+ a''eal& +rom %)e deci&ion& o+ %)e 1TC lie& in %)e &ond
di&cre%ion o+ %)e RTC. To allo7 %)e 7i%)dra7al o+ %)e a''eal 7old
Ae %o allo7 an error o+ %)e 1TC %o (o ncorrec%ed# Aeca&e %)e
crime commi%%ed 7a& no% &im'le &lander A/ deed A% a (ra$e one.
In addi%ion# &ince acc&ed a''ealed +rom %)e deci&ion o+ %)e 1TC#
n%il %)a% a''eal i& $alidl/ 7i%)dra7n# %)ere i& no deci&ion o+ %)e
1TC %o &er$e or &a%i&+/ Aeca&e %)e a''eal# a% %)e $er/ lea&%#
&%a/ed %)e deci&ion. 0i& 'a/men% o+ %)e !ne a& im'o&ed on %)e
Ed(men% o+ %)e 1TC did no% render %)a% deci&ion !nal and
eGec%or.
3. Withdrawal to pa0e wa! for new trial
People 0. Dela 2ru/
26: S2)& =32
4arch 31, 1552
<hird Di0ision% Da0ide, 8r., 8.
'acts%
Acc&ed !led a no%ice o+ a''eal on %)eir con$ic%ion +or
mrder. T)e +ollo7in( da/# %)e/ !led a 'e%i%ion +or ne7 %rial on %)e
(rond %)a% %)e/ +ond %)e o%)er e/eC7i%ne&& %o %)e crime# 7)o&e
Kne7 addre&& i& ne7l/ di&co$ered.L A +e7 da/& la%er# %)e/ al&o
!led 7i%) %)e %rial cor% a mo%ion %o 7i%)dra7 a''eal.
Issue%
S)old %)e mo%ion %o 7i%)dra7 a''eal Ae (ran%edJ
9eld%
No. In criminal ca&e&# an a''eal i& deemed 'er+ec%ed 'on
%)e !lin( o+ %)e no%ice o+ a''eal. U'on %)e 'er+ec%ion o+ %)e
a''eal# %)e %rial cor% lo&e& i%& 'o7er %o modi+/ or &e% a&ide %)e
deci&ion# or order a ne7 %rial. All i% can do i& %o i&&e order& +or %)e
'ro%ec%ion and 're&er$a%ion o+ %)e ri()%& o+ %)e 'ar%ie& 7)ic) do
no% in$ol$e an/ ma%%er li%i(a%ed in %)e a''eal. T)i& doe& no%
mean# )o7e$er# %)a% an acc&ed i& %)erea+%er +ore$er Aarred +rom
!lin( a 'e%i%ion +or ne7 %rial. In an a''ro'ria%e ca&e# )e ma/ !le i%
7i%) %)e a''ella%e cor%. W)ile i% i& %re %)a% acc&ed !led a
mo%ion %o 7i%)dra7 %)eir a''eal %o &a$e %)eir 'e%i%ion +or ne7
%rial# %)e record& do no% &)o7 %)a% %)e %rial cor% +a$oraAl/ ac%ed
on i%. <e&ide&# a no%ice o+ a''eal# once !led# canno% Ae $alidl/
7i%)dra7n %o (i$e 7a/ %o a mo%ion +or recon&idera%ion or a
'e%i%ion +or ne7 %rial &ince# a& aAo$e &%a%ed# %)e !lin( o+ %)e
no%ice 'er+ec%ed %)e a''eal and %)e cor% %)ereA/ lo&% i%&
Eri&dic%ion o$er %)e ca&e9 )ence# i% can no lon(er ac% on ei%)er
%)e mo%ion or %)e 'e%i%ion. T)e onl/ $alid 7i%)dra7al o+ an a''eal
7old Ae one 7)ere an acc&ed decide& %o &er$e %)e &en%ence.
3. Where withdrawal should e denied
People 0. (atward
2=: S2)& :13
'eruar! :, 155:
Second Di0ision% )egalado, 8.
'acts%
T)e %rial cor% con$ic%ed %)e acc&ed o+ $iola%ion o+ R.A.
=8-F and erroneo&l/ im'o&ed %)e 'enal%/ o+ *- /ear& o+
reclusion perpetua 7)en %)e 'ro'er 'enal%/ &)old )a$e Aeen ,>
/ear&. Acc&ed a''ealed# A% Ae+ore )e cold &Ami% )i& a''eal
Arie+# )e mo$ed %o 7i%)dra7 )i& a''eal.
Issue%
S)old %)e mo%ion Ae (ran%edJ
9eld%
No. T)e Aa&ic rle i& %)a%# in a''eal& %aIen +rom %)e RTC %o
ei%)er %)e CA or %)e SC# %)e &ame ma/ Ae 7i%)dra7n and allo7ed
%o Ae re%rac%ed A/ %)e %rial cor% Ae+ore %)e record& o+ %)e ca&e
are +or7arded %o %)e a''ella%e cor%. Once %)e record& are
Aro()% %o %)e a''ella%e cor%# onl/ %)e la%%er ma/ ac% on %)e
mo%ion +or 7i%)dra7al o+ a''eal. In %)e SC# %)e di&con%inance o+
a''eal& Ae+ore %)e !lin( o+ %)e a''elleeP& Arie+ i& (enerall/
'ermi%%ed. In %)i& ca&e# )o7e$er# %)e denial o+ %)e mo%ion %o
7i%)dra7 i& no% onl/ E&%i!ed A% i& nece&&ar/ &ince %)e %rial cor%
)ad im'o&ed a 'enal%/ Aa&ed on an erroneo& in%er're%a%ion o+
%)e (o$ernin( la7 %)ereon. T)e na%)ori6ed 'enal%/ 7old
remain ncorrec%ed i+ %)e a''eal )ad Aeen allo7ed %o Ae
7i%)dra7n. In +ac%# i% 7old &%am' a nihil obstantium on a 'enal%/
%)a% in la7 doe& no% eGi&%.
?ow there is one interesting case about withdrawing an appeal.
<efinitely, withdrawal of appeal is your prerogative, eh. 7f you are
convicted and you appeal and then later on you withdraw, that is your
prerogative. Iou are now accepting the judgement of conviction. ?ow
letLs see what happened in the 1$$/ case of
15"<"+" vs. 2"C+1 "E *!!5*,S
&0. S2+* /#'
E*21S: *mado 1eodoro was charged with the crime of
grave slander by deed before the M12 of Mandaluyong. De was
convicted of the lesser offense of simple slander by deed and
sentenced to pay a fine of !11(. So mababa. Dindi pa siya
8untento, 1eodoro appealed to the +12. "f course, what is the
procedure pag nasa +12 naO both parties will prepare a
memorandum.
*fter 1eodoroLs lawyer had received a copy of the appeal
memorandum of the prosecution where the prosecution urged
that 1eodoro be held guilty of grave slander by deed, not just
simple slander as the M12, pagbasa niya ng memorandum ng
prosecution, :?a8u, deli8ado pala a8o ditoV -asig masamot baV
So, o8ay na lang yong simple slander. -ayad na lang a8o ng
fine of !11(9.
So he filed a motion to withdraw his appeal. 6ay na8ita
niya, deli8ado pala eV -a8a mabali8 sa dati, sa original ba. So
he is now accepting the decision. De is now withdrawing his
appeal. *pparently, he realiBed that his appeal was li8ely to
result in the imposition of a higher penalty and he wanted to
avoid that possibility.
D5,<: Cnder Section 1& of +ule 1&&, the withdrawal of
appeal is not a matter of right, but a matter which lies in the
sound discretion of the court and the appellate court. *fter the
parties in this case had been reAuired to file their memoranda
and the memorandum of the prosecution had been filed and a
copy served on appellant, it was too late for 1eodoro to move
for the withdrawal of the appeal. 7t was apparent that petitionerXs
motion was intended to frustrate a possible adverse decision on
his appeal. 1hat is what e@actly happened in this case.
Jithdrawal of the appeal at that stage would allow an apparent
error and possibly an injustice to go uncorrected. >ustice is due
as much to the State S the !eople of the !hilippines S as to
the accused.
So even if he is accepting already the lower penalty, sabi ng 2ourt,
hindi na. ?ag=file na yung 8abila ng memorandum, eh. So, tuloy na. 7
do not 8now what happened after that but definitely, he was not allowed
anymore to withdraw the appeal anymore. IaanV 1hat is the ris8 nga of
appealing, sometimes.
S52. 1'. *ppointment of counsel de oficio for accused on
appeal = 7t shall be the duty of the cler8 of court of the trial
court, upon filing of a notice of appeal to ascertain from the
appellant, if confined in prison, whether he desies the
+egional 1rial 2ourt, 2ourt of *ppeals or the Supreme 2ourt
to appoint a counsel de oficio to defend him and to transmit
with the record on a form to be prepared by the cler8 of court
of the appellate court, a certificate of compliance with this
duty and of the response of the appellate to his inAuiry. 1'a)
Duties of the 2lerB of 2ourt of the <rial 2ourt when
&ccused 'iles a -otice of &ppeal
1. <o ascertain from the appellant + i+ con!ned in 'ri&on#
7)e%)er )e de&ire& %)e RTC# CA or %)e SC %o a''oin% a con&el de
o!cio %o de+end )im# and
2. <o transmit + 7i%) %)e record on a +orm %o Ae 're'ared A/ %)e
clerI o+ cor% o+ %)e a''ella%e cor%M
1. a cer%i!ca%e o+ com'liance 7i%) %)i& d%/# and
". %)e re&'on&e o+ %)e a''ellan% %o )i& in;ir/
1. Inailit! to hire counsel
People 0. )io
261 S2)& :62
Septemer 2#, 1551
Second Di0ision% Padilla, 8.
Issue%
1a/ an acc&ed Ae allo7ed %o 7i%)dra7 )i& a''eal A/ rea&on
o+ 'o$er%/J
9eld%
No. T)e onl/ rea&on oBered A/ acc&ed +or %)e 7i%)dra7al
o+ )i& a''eal i& )i& inaAili%/ %o re%ain %)e &er$ice& o+ a counsel de
parte on accon% o+ )i& 'o$er%/# a rea&on 7)ic) &)old no%
'reclde an/one +rom &eeIin( E&%ice in an/ +orm. I% &eem& %)a%
%)e acc&ed 7a& na7are %)a% %)i& Cor% can a''oin% a counsel
de o7cio %o 'ro&ec%e )i& a''eal 'r&an% %o Sec. 1* o+ Rle 1""
o+ %)e Rle& o+ Cor% and %)e con&%i%%ional manda%e 'ro$ided in
Sec. 11 o+ Ar%. III o+ %)e 1FD= Con&%i%%ion on +ree acce&& %o
cor%&. T)i& con&%i%%ional 'ro$i&ion im'o&e& a d%/ on %)e Edicial
Aranc) o+ %)e (o$ernmen% 7)ic) canno% Ae %aIen li()%l/. KT)e
Con&%i%%ion i& a la7 +or rler& and +or 'eo'le e;all/ in 7ar and in
'eace and co$er& 7i%) %)e &)ield o+ i%& 'ro%ec%ion all cla&&e& o+
men a% all %ime& and nder all circm&%ance&.L


?ow, itong Section 1', it just says about appointment of counsel de
oficio for accused on appeal.
,etLs say you are convicted here. *ppeal 8a sa S2, bigyan 8a man ng
abogado ba by the S2 if you have no counsel. "ne of the practitioners
in Manila will be appointed. 7Lve seen appeal briefs filed by counsel de
oficio on appeal. *nd sometimes, the S2 gets big lawyers as counsel the
oficio. Ies, 7 have seen their briefs . *lthough, 7 believe that these big
lawyers in Manila who are appointed as counsel, mga death penalty
cases. 1hey are the ones who prepare the brief, they are the ones who
sign. -ut 7 thin8 an associate in their law office will help them
especially when they are not handling criminal cases. -ut you can see,
sometimes they are more effective than a counsel de parte in the
provinces. 7Lve seen it, beautifully worded, ha. %anda na pag8agawa ng
mga brief.
?ow one interesting case about appointment of counsel de oficio, is
what happened in the 1$$1 case of
!5"!,5 vs. +7"
&(1 S2+* 4(&
E*21S: 1he accused was sentenced to reclusion perpetua.
De was detained at the ?ational !enitentiary. De appealed. *nd
then later, he wrote a letter to the S2, :7 am withdrawing my
appeal. 7 am no longer continuing my appeal because 7 cannot
afford it. !overty prevents me from pursuing the appeal.9 1he
S2 got intrigued, NnoO 1he S2 issued an order directing the
cler8 of 2ourt to go to the ?ational !enitentiary and loo8 for
this accused to confirm if he did really send this letter to the
Supreme 2ourt.
So hinanap siya. ?a8ita. Iou wrote this letterO :Ies.9 Iou
affirm what you sayO :Ies. Dindi 8o 8aya. !obre a8o, eh. 7
cannot afford the appeal.9 So, siya talaga. De is withdrawing his
appeal because of poverty. *nd the S2 came up with this
decision:
D5,<: :1he right to a counsel de oficio does not cease upon
the conviction of an accused by a trial court. 7t continues, even
during appeal, such that the duty of the court to assign a counsel
de oficio persists where an accused interposes an intent to
appeal. 5ven in a case, such as the one at bar, where the accused
had signified his intent to withdraw his appeal, the court is
reAuired to inAuire into the reason for the withdrawal. Jhere it
finds the sole reason for the withdrawal to be poverty, as in this
case, the court must assign a counsel de oficio, for despite such
withdrawal, the duty to protect the rights of the accused subsists
and perhaps, with greater reason. *fter all, :those who have less
in life must have more in law.9 >ustice should never be limited
to those who have the means. 7t is for everyone, whether rich or
poor. 7ts scales should always be balanced and should never
eAuivocate or cogitate in order to favor one party over another.9
So, sabi ng S2, your desire to withdraw because of poverty, deniedV
Je will continue. Je will appoint a lawyer for you. Je will get the best.
So, tuloy ang 8aso. *nd then, after reviewing the evidence, sabi ng
2ourt: :Iou are guiltyV9 GhaVhaVhaVH %uilty pa rinV -ut definitely, you
will not be allowed to withdraw. Ies, he was still found guilty in the
case of +io. *8ala niya siguro, paboran siya ng S2 because he is poor.
*h, hinde. Iou are still guilty.
+ule 1&#
!+"25<C+5 7? 1D5
2"C+1 "E *!!5*,S
S5217"? 1. 1itle of the case. 7n all criminal cases
appealed to the 2ourt of *ppeals, the party appealing the case
shall be called the RappellantR and the adverse party the
Rappellee,R but the title of the case shall remain as it was in
the court of origin. 1a)
<erms to e used in &ppeals to the 2&
1. <itle of the case%
I% &)all Ae %)e &ame a& i% 7a& in %)e cor% o+ ori(in
2. Designation of parties%
1. &ppellant + %)e 'ar%/ a''ealin( %)e ca&e
2. &ppellee C %)e ad$er&e 'ar%/
S52. &. *ppointment of counsel de oficio for the accused.
7f it appears from the record of the case as transmitted that
a) the accused is confined in prison, b) is without counsel
de parte on appeal, or c) has signed the notice of appeal
himself, as8 the cler8 of court of the 2ourt of *ppeals shall
designate a counsel de oficio.
*n appellant who is not confined in prison may, upon
reAuest, be assigned a counsel de oficio within ten 1() days
from receipt of the notice to file brief and he establishes his
right thereto. &a)
&ppointment of Counsel de Ofcio for the &ccused
1. When the clerB of court of the 2& shall designate a
counsel de ofcio for the accused + i+ i% a''ear& +rom %)e
record o+ %)e ca&e %)a% %)e acc&edM
1. i& con!ned in 'ri&on#
". i& 7i%)o% counsel de parte in a''eal# or
*. )a& &i(ned %)e no%ice o+ a''eal )im&el+
2. &n appellant who is not confned in prison ma! e
assigned a counsel de ofcio pro0ided%
1. )e maIe& a re;e&% 7i%)in 1> da/& +rom recei'% o+ %)e
no%ice %o !le )i&
Arie+# and
". )e e&%aAli&)e& )i& ri()% %)ere%o
S52. '. Jhen brief for appellant to be filed. Jithin
thirty '() days from receipt by the appellant or his counsel
of the notice from the cler8 of court of the 2ourt of *ppeals
that the evidence, oral and documentary, is already attached
to the record, the appellant shall file seven 4) copies of his
brief with the cler8 of court which shall be accompanied by
proof of service of two &) copies thereof upon the appellee.
'a)
&ppellantLs 7rief
1. When appellantLs rief shall e fled%
Wi%)in *> da/& +rom recei'% A/ %)e a''ellan% or )i&
con&el o+ %)e no%ice
+rom %)e clerI o+ cor% o+ %)e CA %)a% %)e e$idence# oral and
docmen%ar/# i& alread/ a%%ac)ed %o %)e record
2. -umer of copies%
1. = co'ie& o+ a''ellan%P& Arie+ %o Ae !led 7i%) %)e clerI o+
cor% o+ %)e CA#
and
". 7i%) 'roo+ o+ &er$ice o+ " co'ie& %)ereo+ 'on %)e
a''ellee
S52. #. Jhen brief for appellee to be filed3 reply brief of
the appellant. Jithin thirty '() days from receipt of the
brief of the appellant, the appellee shall file seven 4) copies
of the brief of the appellee with the cler8 of court which shall
be accompanied by proof of service of two &) copies thereof
upon the appellant.
Jithin twenty &() days from receipt of the brief of the
appellee, the appellant may file a reply brief traversing
matters raised in the former but not covered in the brief of the
appellant. #a)
&ppelleeLs 7rief
1. When appelleeLs rief shall e fled%
Wi%)in *> da/& +rom recei'% o+ %)e Arie+ o+ %)e a''ellan%
2. -umer of copies%
1. = co'ie& o+ %)e a''elleeP& Arie+ %o Ae !led 7i%) %)e clerI o+
cor% o+ %)e
CA
". 7i%) 'roo+ o+ &er$ice o+ " co'ie& %)ereo+ 'on %)e
a''ellan%
&ppellantLs )epl!
1. <his ma! e fled within 26 da!s from receipt of
appelleeLs riefM and
2. It ma! tra0erse matters%
1. rai&ed in %)e a''elleeP& Arie+# A%
". no% co$ered in a''ellan%P& Arie+
S52. 0. 5@tension of time for filing briefs. 5@tension of
time for the filing of briefs will not be allowed e@cept for
good and sufficient cause and only if the motion for
e@tension is filed before the e@piration of the time sought to
be e@tended. 0a)
E*tension of <ime for 'iling 7riefs
1. (eneral )ule + no% allo7ed
2. E*ception + ma/ Ae allo7ed onl/ 7)enM
1. A mo%ion +or eG%en&ion i& !led Ae+ore %)e eG'ira%ion o+ %)e
%ime &o()%
%o Ae eG%ended# and
". T)ere i& (ood and &?cien% ca&e +or an eG%en&ion

S52. /. Eorm of briefs. -riefs shall either be printed,
encoded or typewritten in double space on legal siBe good
Auality unglaBed paper, ''( mm. in length by &1/ mm. in
width. /a)
S52. 4. 2ontents of brief. 1he briefs in criminal cases
shall have the same contents as provided in sections 1' and
1# of +ule ##. * certified true copy of the decision or final
order appealed from shall be appended to the brief of the
appellant. 4a)
1he appellant is the tem applied to the party ma8ing the appeal.
*ppellee is the term applied to the party in whose favor the decision is
rendered.
2ontents of &ppellantLs 7rief P)ule ## Sec. 13Q
1. & su"ect inde* of the matter in the rief with%
1. a di(e&% o+ %)e ar(men%& and 'a(e re+erence&# and
". a %aAle o+M
1. ca&e& al')aAe%icall/ arran(ed#
". %eG%AooI&# and
*. &%a%%e& ci%ed 7i%) re+erence %o %)e 'a(e& 7)ere %)e/
are ci%ed9
2. &n assignment of errors intended to e urged + 7)ic)
error& &)all Ae &e'ara%el/# di&%inc%l/ and conci&el/ &%a%ed 7i%)o%
re'e%i%ion and nmAered con&ec%i$el/9
3. Under %)e )eadin( KStatement of the 2ase%O
1. a clear and conci&e &%a%emen% o+ %)e na%re o+ %)e ac%ion#
". a &mmar/ o+ %)e 'roceedin(&#
*. %)e a''ealed rlin(& and order& o+ %)e cor%#
,. %)e na%re o+ %)e Ed(men%# and
-. an/ o%)er ma%%er& nece&&ar/ %o an nder&%andin( o+ %)e
na%re o+ %)e
con%ro$er&/# 7i%) 'a(e re+erence& %o %)e record9
#. Under %)e )eadin( JStatement of 'acts%O
1. a clear and conci&e &%a%emen% in a narra%i$e +orm o+ %)e
+ac%& admi%%ed A/
Ao%) 'ar%ie& and o+ %)o&e in con%ro$er&/#
". %o(e%)er 7i%) %)e &A&%ance o+ %)e 'roo+ rela%in( %)ere%o
in &?cien%
de%ail %o maIe i% clearl/ in%elli(iAle# 7i%) 'a(e re+erence& %o
%)e record9
3. A clear and conci&e statement of the issues of fact or law
%o Ae &Ami%%ed %o %)e cor% +or i%& Ed(men%&9
=. Under %)e )eadin( J&rgument%O
1. %)e a''ellan%P& ar(men%& on eac) a&&i(nmen% o+ error
7i%) 'a(e
re+erence& %o %)e record
". %)e a%)ori%ie& relied 'on &)all Ae ci%ed A/M
1. %)e 'a(e o+ %)e re'or% a% 7)ic) %)e ca&e Ae(in&# and
". %)e 'a(e o+ %)e re'or% on 7)ic) %)e ci%a%ion i& +ond
:. Under %)e )eadin( J)eliefO + a &'eci!ca%ion o+ %)e order or
Ed(men% 7)ic) %)e a''ellan% &eeI&9 and
1. In ca&e& no% Aro()% ' A/ record on a''eal# %)e a'ellan%P&
Arie+ &)all con%ain# a& an &ppendi*, a co'/ o+ %)e Ed(men% or
!nal order a''ealed +rom
2ontents of &ppelleeLs 7rief P)ule ## Sec. 1#Q
1. & su"ect inde* of the matter in the rief with%
1. a di(e&% o+ %)e ar(men%& and 'a(e re+erence&# and
". a %aAle o+M
1. ca&e& al')aAe%icall/ arran(ed#
". %eG%AooI&# and
*. &%a%%e& ci%ed 7i%) re+erence %o %)e 'a(e& 7)ere
ci%ed9
2. Cnder the heading%
1. JStatement of 'actsO + %)e a''ellee &)all &%a%e %)a% )e
acce'%& %)e
&%a%emen% o+ +ac%& in %)e a''ellan%P& Arie+# or
2. J2ounter.Statement of 'actsO + )e &)all 'oin% o%
&c) in&?ciencie& or
inaccracie& a& )e Aelie$e& eGi&% in %)e a''ellan%P&
&%a%emen% o+ +ac%&M
1. 7i%) re+erence& %o %)e 'a(e& o+ %)e record in &''or%
%)ereo+# A%
". 7i%)o% re'e%i%ion o+ ma%%er& in %)e a''ellan%P&
&%a%emen% o+ +ac%&9
and
3. Cnder the heading J&rgumentO%
1. %)e a''ellee &)all &e% +or%) )i& ar(men%& in %)e ca&e on
eac) a&&i(nmen%
o+ error 7i%) 'a(e re+erence& %o %)e record#
". %)e a%)ori%ie& relied 'on &)all Ae ci%ed A/M
1. %)e 'a(e o+ %)e re'or% a% 7)ic) %)e ca&e Ae(in&# and
". %)e 'a(e o+ %)e re'or% on 7)ic) %)e ci%a%ion i& +ond
1. E@ect of failure to compl!
a. Where defect not fatal
People 0. de la 2oncha
311 S2)& 216
Septemer 3, 2662
'irst Di0ision% Da0ide, 8r., 28.
'acts%
T)e <rie+ o+ a''ellan% 7)o 7a& con$ic%ed +or ra'e lacIed %)e
+ollo7in(M 2a3 %aAle o+ ca&e& ci%ed9 2A3 &%a%emen% o+ i&&e&9 and 2c3
'a(e re+erence& %o %)e record in %)e S%a%emen% o+ %)e Ca&e and in
%)e S%a%emen% o+ Fac%&.
Issue%
S)old )i& a''eal Ae di&mi&&edJ
9eld%
No. T)e con%en%& o+ %)e A''ellan%& <rie+ are enmera%ed in
Sec. 1*# Rle ,,# in rela%ion %o Sec. = o+ Rle 1", and Sec. 1 o+
Rle 1"- o+ %)e Rle& o+ Cor%. T)e in+rac%ion& aAo$e men%ioned
are no%# )o7e$er# amon( %)e (rond& +or di&mi&&al o+ a''eal& a&
'ro$ided +or nder Sec. - o+ Rle -8# in rela%ion %o Sec. 1D o+ Rle
1", and Sec. 1 o+ Rle 1"-. 0ence# %)e 'rocedral in!rmi%ie& o+
%)e A''ellan%P& <rie+ !led in %)i& ca&e do no% 7arran% a di&mi&&al
o+ )i& a''eal.
. Where defect fatal
People 0. 'aula
2=3 S2)& =6:
Decemer 1=, 155=
Second Di0ision% Puno, 8.
'acts%
A''ellan% 7a& con$ic%ed o+ roAAer/ 7i%) doAle )omicide.
0i& Arie+ 'roceeded %o di&c&& )i& ar(men%& 7i%)o% com'l/in(
7i%) %)e o%)er re;iremen%& o+ Rle ,, o+ %)e Rle& o+ Cor%.
Issue%
I& %)e de+ec% +a%alJ
9eld%
Ye&. A''ellan%P& con&el 'roceeded direc%l/ %o di&c&& )i&
ar(men%& 7i%)o% &%a%in( %)e a&&i(ned error& and %)e i&&e& in
accordance 7i%) Rle ,,4A5 S 4e5 Sec. 1* o+ %)e Rle& o+ Cor%.
T)e Arie+ al&o doe& no% con%ain a Pra/er %o indica%e %)e relie+
&o()% A/ a''ellan%. T)e&e omi&&ion& are +a%al and )i()li()% %)e
AanIr'%c/ o+ %)e a''eal.
!rocedure in the 2*. Dalos pareho man din. 7t is almost similar in
civil cases. 1he accused will be reAuired to file his brief appellantLs
brief), to be followed by the appelleeLs brief with the government, and if
possible appellantLs reply brief.
F: ?ow, who prepares the appelleeLs briefO
*: 1he Solicitor %eneral. 1his is their mastery.
71 7S ?"1 1D5 ,5?%1D "E 1D5 -+75E JD72D M*115+S. 71
7S 1D5 SC-S1*?25. Substance is more important than length.
S52. .. <ismissal of appeal for abandonment or failure to
prosecute. 1he 2ourt of *ppeals may, upon motion of the
appellee or motu proprio and with notice to the appellant in
either case, dismiss the appeal if the appellant fails to file his
brief within the time prescribed by this +ule, e@cept where
the appellant is represented by a counsel de oficio.
@ @ @ @ @
Dismissal of &ppeal
1. (rounds for dismissal%
1. Failre o+ a''ellan% %o !le )i& Arie+ 7i%)in *> da/& +rom
recei'% o+ %)e
no%ice +rom %)e clerI o+ cor% o+ %)e CA
E*ception + 7)en %)e a''ellan% i& re're&en%ed A/
counsel de o7cio
". I+# drin( %)e 'endenc/ o+ %)e a''eal# %)e a''ellan%M
1. e&ca'e& +rom 'ri&on or con!nemen%#
". Em'& Aail# or
*. Nee& %o a +orei(n con%r/
2. 9ow the appeal is dismissed%
1. Ei%)er 'on mo%ion o+ a''ellee or motu propio# and
". Wi%) no%ice %o a''ellan% in ei%)er ca&e
1. E@ect of failure to fle rief
<ama!o 0. People
#23 S2)& 1:3
'eruar! 1:, 266#
<hird Di0ision% 2orona, 8.
'acts%
Acc&ed 7a& con$ic%ed o+ ar&on A/ %)e RTC and &en%enced %o
&Ber im'ri&onmen% o+ 8 /ear& and 1 da/ %o 1" /ear& and 1 da/.
A+%er )e !led )i& no%ice o+ a''eal# %)e CA re;ired )im %o &Ami%
)i& Arie+. De&'i%e %)e la'&e o+ %)e deadline# )o7e$er# )e +ailed %o
do &o and %)e cor% di&mi&&ed )i& a''eal nder Sec. D# Rle 1",
o+ %)e Re$i&ed Rle& on Criminal Procedre. Acc&ed i&
c)allen(in( %)e di&mi&&al claimin( %)a% )i& +ailre %o &Ami% %)e
Arie+ 7a& %)e +al% o+ )i& la7/er 7)o aAandoned )im 7i%)o% )i&
Ino7led(e and con&en%.
Issue%
S)old %)e a''eal Ae rein&%a%edJ
9eld%
Ye&. Acc&ed %imel/ !led )i& no%ice o+ a''eal and %)e CA
ac;ired Eri&dic%ion o$er %)e ca&e. Acc&ed merel/ +ailed %o
&Ami% )i& Arie+ 7i%)in %)e 'eriod 'ro$ided A/ %)e rle&. A
di&%inc%ion &)old Ae made Ae%7een %)e +ailre %o !le a no%ice o+
a''eal 7i%)in %)e re(lemen%ar/ 'eriod and %)e +ailre %o !le a
Arie+ 7i%)in %)e 'eriod (ran%ed A/ %)e CA. T)e +ormer re&l%& in
%)e +ailre o+ %)e CA %o ac;ire Eri&dic%ion o$er %)e a''ealed
deci&ion re&l%in( in i%& Aecomin( !nal and eGec%or i+ a''ellan%
+ail& %o mo$e +or recon&idera%ion. T)e la%%er &im'l/ re&l%& in %)e
aAandonmen% o+ %)e a''eal 7)ic) can lead %o i%& di&mi&&al 'on
+ailre %o mo$e +or i%& recon&idera%ion.
In %)i& ca&e# 7)en acc&ed learned o+ %)e di&mi&&al o+ )i&
a''eal# )e %imel/ mo$ed +or i%& recon&idera%ion on %)e (rond
%)a% )e )ad no Ino7led(e %)a% )i& con&el no% onl/ +ailed %o !le
%)e re;ired Arie+ A% ac%all/ 7i%)dre7 a& &c) 7i%)o% )i&
con&en%. Acc&ed i& no% re&'on&iAle +or %)e +ailre %o !le %)e Arie+
Aeca&e )e 7a& 7ai%in( +or %)e re&ol%ion o+ )i& mo%ion +or
recon&idera%ion. I% m&% Ae recalled %)a%# in )i& mo%ion# )e 'ra/ed
%)a% )e Ae (i$en &?cien% %ime %o !le )i& Arie+ in %)e e$en% o+
rein&%a%emen% o+ )i& a''eal.
2. E@ect of "umping ail
People 0. 2astillo
#36 S2)& #6
4a! 21, 266#
'irst Di0ision% &/cuna, 8.
'acts%
T)e RTC con$ic%ed acc&ed o+ mrder and &en%enced )im %o
&Ber %)e 'enal%/ o+ 1, /ear& and D mon%)&# a& minimm# %o 1=
/ear& and , mon%)&# a& maGimm# Ao%) o+ reclusion temporal. On
a''eal# %)e CA modi!ed %)e &en%ence %o reclusion perpetua.
Con&e;en%l/# %)e CA cer%i!ed %)e ca&e %o %)e SC +or %)e 'r'o&e
o+ re$ie7in( %)e criminal liaAili%/ o+ acc&ed# in accordance 7i%)
Rle 1",# Sec. 1* o+ %)e Rle& o+ Cor%. 1ean7)ile# drin( %)e
'endenc/ o+ %)e a''eal# acc&ed Em'ed Aail.
Issue%
Con&iderin( %)a% acc&ed Em'ed Aail# &)old )i& a''eal Ae
di&mi&&ed 'r&an% %o Sec. D# Rle 1",J
9eld%
No. I+ %)e a''eal i& di&mi&&ed a% %)i& &%a(e# %)e deci&ion o+
%)e RTC &en%encin( acc&ed %o a 'ri&on %erm 7i%)in %)e ran(e o+
reclusion temporal 7old Aecome !nal# de&'i%e %)e !ndin( o+ %)e
CA %)a% acc&ed &)old in&%ead Ae me%ed %)e 'enal%/ o+ reclusion
perpetua. To a$oid %)e aA&rdi%/ o+ re7ardin( acc&ed +or )i& ac%
o+ Em'in( Aail# %)e in&%an% a''eal m&% Ae con&idered.
3. E@ect of posting faBe ail ond
People 0. Del )osario
3#1 S2)& =63
Decemer 15, 2666
Second Di0ision% ,uisuming, 8.
'acts%
Acc&ed 7a& con$ic%ed o+ mrder and &en%enced %o 1> /ear&
and 1 da/# %o 1= /ear& and , mon%)&. On a''eal# %)e CA a?rmed
%)e con$ic%ion A% increa&ed %)e 'enal%/ %o reclusion perpetua
and %)& cer%i!ed %)e ca&e %o %)e SC. W)ile %)e ca&e 7a& 'endin(
Ae+ore %)e SC# i% 7a& di&co$ered %)a% %)e 'er&onal Aail Aond
acc&ed 'o&%ed 7a& +aIe.
Issue%
W)a% i& %)e eBec% o+ %)e +aIe Aail Aond 'o&%ed on %)e
a''ealJ
9eld%
Under Sec. D4"5# Rle 1", o+ %)e Rle& o+ Cor%# %)e e&ca'e
+rom 'ri&on or con!nemen%# %)e ac% o+ Em'in( Aail# or Neein( %o a
+orei(n con%r/ o+ %)e acc&ed re&l%& in %)e o%ri()% di&mi&&al o+
)i& a''eal.
In %)i& ca&e# A/ !lin( +aIe Aail Aond# acc&ed i& deemed %o
)a$e e&ca'ed +rom con!nemen% e$en 7)ile %)e a''eal 7a&
'endin( Ae+ore %)e CA. In %)e normal cor&e o+ %)in(&# %)e CA
&)old )a$e di&mi&&ed %)e a''eal. 0o7e$er# %)i& 7a& no% 'o&&iAle
Aeca&e %)e +aIe Aail Aond 7a& di&co$ered onl/ a+%er %)e CA )ad
alread/ a?rmed %)e &en%ence. 0ence# %o re$er% %o %)e &en%ence
im'o&ed A/ %)e RTC 7old re&l% in %)e aA&rdi%/ %)a% A/ !lin( a
+aIe Aond# acc&ed 7old enEo/ %)e lo7er &en%ence im'o&ed A/
%)e RTC. To a$oid %)i& Ala%an% mocIer/ o+ E&%ice# %)e CA m&%
con%ine %o eGerci&e Eri&dic%ion o$er %)e a''eal. Acc&ed )a$in(
mocIed and %rm'ed %)e Edicial 'roce&& A/ !lin( a +aIe Aail
Aond# )e m&% Ae con&idered %o )a$e 7ai$ed )i& ri()% %o +r%)er
re$ie7 o+ %)e deci&ion& o+ %)e RTC and %)e CA# re&'ec%i$el/.
7f the appellant will not file his appellantLs brief, the case is dismissed
same in civil cases e@cept where the appellant is represented by
counsel de oficio because the counsel de oficio is really a court=
appointed lawyer. So why will the accused suffer if the court=designated
lawyer is negligentO -ut if it is a lawyer of your own choice who failed
to file the brief, then you suffer the conseAuence.
*lthough we are tal8ing of criminal cases, if you based it on the
guidelines, it would seem that when the 2* dismisses the appeal, it
should give a warning to the accused. 1his is what the S2 said in the
case of
E*+",*? vs. 2"C+1 "E *!!5*,S
Eebruary (4, 1$$0
D5,<: :Cnder Sec. . of +ule 1&#, the failure to file the
appellantXs brief on time may cause the dismissal of the appeal,
upon either the motion of the appellee or on the own motion of
the appellate court, provided that notice must be furnished to the
appellant to show cause why his appeal should not be
dismissed.9 *t least give him a warning.
:-ut the e@ception to this rule has been clearly stated S i.e.
when the appellant is represented by a counsel de oficio.9
1he second paragraph of Section . is more important:
1he 2ourt of *ppeals may also, upon motion of the
appellee or motu proprio, dismiss the appeal if the appellant
escapes from prison or confinement, jumps bail or flees to a
foreign country during the pendency of the appeal. .a)
1here is an appeal pending in the 2*, the appellant escaped from
prison or jumped bail, or flees to a foreign country, under the &nd
paragraph of Section ., his appeal will be dismissed. *bandoned naV -y
his act of running away, the judgment of conviction will become final.
1his provision prompted the S2 to also apply doon sa promulgation.
Cnder +ule 1&(, if during the promulgation the accused disappears, the
promulgation will proceed in absentia and then the law says the accused
forfeits all his remedies. JhyO 6ung nag=appeal siya, and then nag=layas
siya, the appeal will be dismissed, lalo na 8ung di siya nag=appealV Iou
will also lose your right to appeal. 1he reason according to the S2, once
the accused escaped from prison or confinement or jumped bail, he
loses his standing in court and unless he surrenders or submits to the
jurisdiction of the court, he is deemed to have waived any right to see8
relief from the court. %imeneB vs. ?aBareno, 1/( S2+* 1)
Je will now answer the Auestion of Mr. -enito:
F: Jhen a person who is sentenced to death escaped, can the
automatic review still proceedO "r assuming there is already an
automatic review and while he is in jail, naglayas, and the S2 learns of
his escape, what will happen to the automatic reviewO 1uloy or
dismissedO
*: 1his is the Auestion which bugged the S2 in the 1$$/ case of
!5"!,5 vs. 5S!*+*S &/( S2+* 0'$) which was as8ed in the 1$$.
bar in remedial law. 1he S2 here is not unanimous. Si@ /) justices
dissented from the majority. 1here are two sections compared here
Section . of +ule 1&# and Section 1( of +ule 1&&.
!5"!,5 vs. 5S!*+*S
&/( S2+* 0'$ G1$$/H
7SSC5: Jill the S2 proceed to automatically review the
death sentence of an accused who was tried in absentia and
remained at large up to the present timeO "r even if he appealed,
and while the appeal is pending, he escapedO
D5,<: 1he majority said I5S. Iou cannot apply +ule 1&#
because of the nature of the death penalty. 1here are / justices
who disagreed.
:Section . of +ule 1&# of the +ules of 2ourt which, inter
alia, authoriBes the dismissal of an appeal when the appellant
jumps bail, has no application to cases where the death penalty
has been imposed. 7n death penalty cases, automatic review is
mandatory. 1his is the te@t and tone of Section 1(, +ule 1&&,
which is the more applicable rule.9
*yunV So there is an applicable rule and not the general rule
in +ule 1&#. ,etLs go to the philosophy of the ruling:
:1here is more wisdom in our e@isting jurisprudence
mandating our review of all death penalty cases, regardless of
the wish of the convict and regardless of the will of the court.
?othing less than life is at sta8e and any court decision
authoriBing the State to ta8e life must be as error=free as
possible. Je must strive to realiBe this objective, however,
elusive it may be, and our efforts must not depend on whether
appellant has withdrawn his appeal or has escaped. ?or should
the 2ourt be influenced by the seeming repudiation of its
jurisdiction when a convict escapes. "urs is not only the power
but the duty to review all death penalty cases. ?o litigant can
repudiate this power which is bestowed by the 2onstitution. 1he
power is more of a sacred duty which we have to discharge to
assure the !eople that the innocence of a citiBen is our concern
not only in crimes that slight but even more, in crimes that
shoc8 the conscience. 1his concern cannot be diluted.9
"f course, the S2 anticipated criticisms ba8it ba masyado
8ayong S2) protective of the rights of the accusedO 1hat is the
reason why criminality is rampantV -ut the S2 answered that: )
:1he 2ourt is not espousing a :soft, bended, approach9 to
heinous crimes for we have always reviewed the imposition of
the death penalty regardless of the will of the convict. "ur
unyielding stance is dictated by the policy that the State should
not be given the license to 8ill without the final determination of
this Dighest 1ribunal whose collective wisdom is the last3
effective hedge against an erroneous judgment of a one=judge
trial court. 1his enlightened policy ought to continue as our
beacon light for the ta8ing of life ends all rights, a matter of
societal concern that transcends the personal interest of a
convict. 1he importance of this societal value should not be
blurred by the escape of a convict which is a problem of law
enforcement. ?either should this 2ourt be moved alone by the
outrage of the public in the multiplication of heinous crimes for
our decisions should not be directed by the changing winds of
the social weather.9
Meaning, our decision shall not be influenced by the thin8ing of the
people social weather. *nd 7 thin8 that is a very nice e@planation why
you should not apply +ule 1&#.
*nd the last important portion here to master is the second paragraph
of Section 1':
S52. 1'. Fuorum of the court3 certification or appeal of
cases to Supreme 2ourt.
P @ @ @ @
Jhenever the 2ourt of *ppeals find that the penalty of
death, reclusion perpetua, or life imprisonment should be
imposed in a case, the court, after discussion of the evidence
and the law involved, shall render judgment imposing the
penalty of death, reclusion perpetua, or life imprisonment as
the circumstance warrant. Dowever, it shall refrain from
entering the judgment and forthwith certify the case and
elevate the entire record thereof to the Supreme 2ourt for
review. 1'a)
Dow can this happen that the 2* finds the penalty of death, reclusion
perpetua or life imprisonment should be imposedO 1his happens
normally in a situation li8e this: Mr. 2oncon is charged with murder and
the court convicted him only for homicide so temporal yan. Jhere will
he appealO Sa 2* because the penalty imposed is not death or perpetua.
1he trouble is when the 2* reviews the case and finds that the crime
should be murder palaV
F: Jhat should the 2* doO
*: 1he 2* should still decide and lay down the facts and the law as if
it is the S2. *nd then the 2* should really impose the death penalty or
reclusion perpetua. -ut it should not enter judgment. *fter imposing
death or perpetua, itapon sa S2, :!lease review our wor8 and find out
whether we are correct.9 IaanV
*utomatically, the 2* will not enter judgement but should elevate the
case. So the S2 should have the final say on whether or not to adopt the
findings and conclusions of the 2*. -ut definitely, the 2* should not
shir8 from its responsibility of deciding the case on its merits imposing
the correct penalty of death or perpetua. 1hat is that correct procedure
under the new rules.
Sec. 5
9earing and Disposition of &ppeals
1. What shall e gi0en precedence in disposition o0er
other appeals%
A''eal& o+ acc&ed nder de%en%ion
2. 9earing and decision ! the 2ourt of &ppeals%
1. &)all Ae made a% %)e earlie&% 'rac%icaAle %ime#
". 7i%) de re(ard %o %)e ri()%& o+ %)e 'ar%ie&
3. <he accused need not e present in court during the
hearing of the appeal
1. Period to decide appeals
)e% Prolem of Dela!s . . .
3:6 S2)& ==1
-o0emer 21, 2661
En 7anc% Pardo, 8.
'acts%
In %)e /ear ">>># %)e In%e(ra%ed <ar o+ %)e P)ili''ine& 2I<P3
'a&&ed a re&ol%ion r(in( %)e S'reme Cor% %o in;ire in%o %)e
rea&on& +or %)e dela/ in %)e re&ol%ion o+ ca&e& Ae+ore %)e
Sandi(anAa/an. T)e re'or% o+ %)e Pre&idin( .&%ice o+ &aid cor%
&)o7ed %)a% %)ere 7ere ,1- ca&e& &Ami%%ed +or deci&ion
remainin( ndecided. Ar%. VIII# Sec. 1-213 o+ %)e Con&%i%%ion
'ro$ide& %)a% all ca&e& or ma%%er& Km&% Ae decided or re&ol$ed
7i%)in ", mon%)& +rom %)e da%e o+ &Ami&&ion %o %)e S'reme
Cor%# and# nle&& redced A/ %)e S'reme Cor%# 1" mon%)& +or
all lo7er colle(ia%e cor%&# and * mon%)& +or all o%)er lo7er
cor%&.L
Issue%
W)ic) 'eriod a''lie& %o %)e Sandi(anAa/anJ
9eld%
T)e Sandi(anAa/an i& no% a re(lar cor% A% a &'ecial cor%
o+ %)e &ame le$el a& %)e CA# 7i%) +nc%ion& o+ a %rial cor%. Sec. 8
o+ P.D. 18>8 'ro$ide& %)a% %)e KEd(men% &)all Ae rendered 7i%)in
* mon%)& +rom %)e da%e %)e ca&e 7a& &Ami%%ed +or deci&ion.L T)e
&ame 'eriod i& 'ro$ided in %)e rle& o+ %)e Sandi(anAa/an 7)ic)
i% 'roml(a%ed. T)&# %)e *Cmon%) 'eriod# no% %)e 1"Cmon%)
'eriod a''licaAle %o %)e CA# a''lie& %o %)e Sandi(anAa/an#
7)e%)er in %)e eGerci&e o+ i%& ori(inal or a''ella%e Eri&dic%ion.
Sec. 16
)e?uisites for )e0ersion or 4odifcation of the 8udgment
of the Hower 2ourt
1. T)e CA m&% eGamine %)e record and %)e e$idence addced A/
%)e 'ar%ie&
". T)e CA i& o+ %)e o'inion %)a% error 7a& commi%%ed 7)ic)
inErio&l/ aBec%ed %)e &A&%an%ial ri()%& o+ %)e a''ellan%
Sec. 11
Scope of 8udgmentM 9ow the 2ourt of &ppeals ma! Decide
1. I% ma/ re$er&e# a?rm or modi+/ %)e Ed(men% o+ %)e %rial cor%
". I% ma/ increa&e or redce %)e 'enal%/ im'o&ed A/ %)e %rial cor%
*. I% ma/ remand %)e ca&e %o %)e RTC +orM
1. ne7 %rial# or
". re%rial9 or
,. I% ma/ di&mi&& %)e ca&e
1. 'indings on crediilit! of witnesses
People 0. Panaang
3:3 S2)& 3=6
8anuar! 1=, 2662
En 7anc% Ditug, 8.
Issue%
On a''eal# ma/ %)e a''ella%e cor% re$er&e %)e !ndin(& o+
%)e %rial cor% on %)e crediAili%/ o+ 7i%ne&&e&J
Issue%
No. .ri&'rdence i& %oo 7ell &e%%led %)a% %)i& 'ar%iclar i&&e
lie& 7i%)in %)e 'ro$ince o+ %rial cor%& %o re&ol$e. I% i& %)e %rial
cor% 7)ic) i& aBorded %)e ni;e o''or%ni%/ %o oA&er$e %)e
7i%ne&&e& on %)e &%and. T)e manner 7i%ne&&e& %e&%i+/ T %)e
)e&i%an% 'a&e# %)e ner$o& $oice# %)e nder%one# %)e AeBddled
looI# %)e )one&% (a6e# %)e mode&% Al&)# or %)e (il%/ Alanc) T i& a
&i(ni!can% indicum in a'%l/ a&&i(nin( $ale %o %e&%imonial
e$idence. T)e !ndin(& o+ a %rial cor% on %)e crediAili%/ o+
7i%ne&&e& can onl/ Ae di&%rAed 'on a clear &)o7in( %)a% i% )a&
o$erlooIed# mi&nder&%ood# or mi&a''lied &ome +ac%& or
circm&%ance& o+ 7ei()% or &A&%ance 7)ic) can aBec% %)e re&l%
o+ %)e ca&e.
2. E*ceptions to the rule
People 0. (ulion
3#5 S2)& =16
8anuar! 11, 2661
<hird Di0ision% (on/aga.)e!es, 8.
Issue%
W)en ma/ %)e CA re$er&e %)e !ndin(& o+ +ac% made A/ %)e
%rial cor%J
9eld%
W)ile +ac%al !ndin(& o+ %rial cor%&# a& 7ell a& %)eir
a&&e&&men% o+ %)e crediAili%/ o+ 7i%ne&&e&# are en%i%led (rea%
7ei()% and re&'ec% more &o 7)en %)e&e are a?rmed A/ %)e CA#
%)e +ollo7in( are %)e eGce'%ion&M 213 7)en %)e concl&ion i& a
!ndin( (ronded en%irel/ on &'ecla%ion&# &rmi&e& and
conEec%re&9 2"3 %)e in+erence& made are mani+e&%l/ mi&%aIen9 2*3
%)ere i& (ra$e aA&e o+ di&cre%ion9 2,3 %)e Ed(men% i& Aa&ed on
mi&a''re)en&ion o+ +ac%& or 'remi&ed on %)e aA&ence o+ e$idence
on record.
3. Increase of penalt!
People 0. Has Pinas
3:: S2)& 3::
'eruar! 26, 2662
'irst Di0ision% >nares.Santiago, 8.
'acts%
Acc&ed 7a& c)ar(ed 7i%) ra'e o+ a 1"C/ear old. A+%er %rial#
%)e RTC rled %)a% %)e 'ro&ec%ion +ailed %o 'ro$e %)e elemen% o+
+orce and in%imida%ion in %)e ra'e c)ar(e and con$ic%ed acc&ed
onl/ o+ c)ild aA&e nder R.A. =81>. T)e RTC &en%enced )im %o 1,
/ear&# D mon%)& and 1 da/ %o reclusion temporal. Acc&ed
a''ealed A% %)e CA +ond &?cien% e$idence +or# and 'roceeded
%o con$ic% )im o+# ra'e &en%encin( )im %o reclusion perpetua.
Issue%
Con&iderin( %)a% %)e RTC )a& $ir%all/ ac;i%%ed acc&ed o+
%)e c)ar(e o+ ra'e A/ !ndin( )im (il%/ o+ a le&&er oBen&e# ma/
%)e CA con$ic% )im o+ %)e crimeJ
9eld%
Ye&. W)en an acc&ed a''eal& +rom %)e &en%ence o+ %)e %rial
cor%# )e 7ai$e& )i& con&%i%%ional &a+e(ard a(ain&% doAle
Eeo'ard/ and %)ro7& %)e 7)ole ca&e o'en %o %)e re$ie7. T)e CA i&
%)en called 'on %o render &c) Ed(men% a& %)e la7 and E&%ice
dic%a%e# 7)e%)er +a$oraAle or n+a$oraAle# and 7)e%)er %)e/ are
a&&i(ned a& error& or no%. Sc) an a''eal con+er& 'on %)e CA +ll
Eri&dic%ion and render& i% com'e%en% %o eGamine %)e record&#
re$i&e %)e Ed(men% a''ealed +rom# increa&e %)e 'enal%/ and ci%e
%)e 'ro'er 'ro$i&ion o+ %)e 'enal la7. T)&# %)ere i& no le(al
oA&%acle in me%in( o% a con$ic%ion +or %)e crime o+ ra'e a&
ori(inall/ c)ar(ed in %)e in+orma%ion.
Sec. 12
)ecei0ing E0idence
1. Power of the 2ourt of &ppeals%
1. To %r/ ca&e& and condc% )earin(&
". To recei$e e$idence# and
*. To 'er+orm an/ and all ac%& nece&&ar/M
1. %o re&ol$e +ac%al i&&e& in ca&e& +allin( 7i%)in i%&
ori(inal
Eri&dic%ion#
". incldin( %)e 'o7er %o (ran% and condc% ne7 %rial&
or +r%)er
'roceedin(&
2. Duration of trials and hearings
1. Trial& or )earin(& in %)e CA m&% Ae con%ino&#
". T)e/ m&% Ae com'le%ed 7i%)in * mon%)&# nle&&
eG%ended A/ %)e C)ie+
.&%ice.
Sec. 13
2ertifcation or &ppeal of 2ase to Supreme 2ourt
1. Steps to e taBen when 2& fnds that the penalt! of
death should e imposed%
1. T)e CA &)all render Ed(men%#
". I% &)all# )o7e$er# re+rain +rom maIin( an en%r/ o+
Ed(men%# and
*. I% &)all in&%ead cer%i+/ %)e ca&e and ele$a%e i%& en%ire
record %o %)e SC +or
re$ie7
2. What appeal shall e included in the case certifed for
re0iew to the S2%
1. W)ere %)e Ed(men% al&o im'o&e& a le&&er 'enal%/ +or
oBen&e&M
1. commi%%ed on %)e &ame occa&ion a& %)e more &e$ere
oBen&e +or
7)ic) %)e 'enal%/ i& dea%)# or
". W)ic) aro&e o% o+ %)e &ame occrrence %)a% (a$e
ri&e %o %)e more
&e$ere oBen&e +or 7)ic) %)e 'enal%/ o+ dea%) i&
im'o&ed# and
". T)e acc&ed a''eal&
3. E@ects where the 2& imposes reclusion perpetua# life
imprisonment or a lesser penalt!%
1. T)e CA &)all render Ed(men%#
". I% &)all en%er Ed(men% im'o&in( &c) 'enal%/# and
*. Sc) Ed(men% ma/ Ae a''ealed %o %)e SC A/ no%ice o+
a''eal !led 7i%)
%)e CA
1. Where penalt! is reclusion perpetua
People 0. 2ru/
263 S2)& =12
-o0emer 11, 1551
<hird Di0ision% (utierre/, 8.
Issue%
W)a% i& %)e 'ro'er 'rocedre %o Ae +ollo7ed 7)en %)e CA
im'o&e& a &en%ence o+ reclusion perpetuaJ
9eld%
T)e CA &)all render Ed(men% A% &)all order %)e Di$i&ion
ClerI o+ Cor% %o de&i&% +rom en%erin( Ed(men% 2Re$i&ed In%ernal
Rle& o+ %)e CA# Sec. -# Rle 113 and a+%er %)e la'&e o+ %)e 'eriod
+or !lin( a mo%ion +or recon&idera%ion# i& ordered %o ele$a%e %)i&
ca&e and i%& com'le%e record& %o %)e SC +or re$ie7 in accordance
7i%) Rle 1",# Sec. 1* o+ %)e Re$i&ed Rle& on Criminal Procedre.
2. Penalt! is from reclusion te$poral to reclusion
perpetua
4ercado 0. People
352 S2)& =:1
-o0emer 2=, 2662
Second Di0ision% 7ellosillo, 8.
Issue%
I& a 'enal%/ o+ 1= /ear& and , mon%)& %o *> /ear&
con&idered reclusion perpetua &o %)a% %)e CA &)old re+rain +rom
en%erin( Ed(men% and cer%i+/ %)e ca&e %o %)e SC# 'r&an% %o %)e
la&% 'ara(ra') o+ Sec. 1*# Rle 1",# o+ %)e ">>> Rle& o+ Criminal
ProcedreJ
9eld%
No. Sec. 1*# Rle 1", i& a''licaAle onl/ 7)en %)e 'enal%/
im'o&ed 7a& reclusion perpetua or )i()er a& a &in(le indi$i&iAle
'enal%/# i.e.# %)e 'enal%/ 7a& a% lea&% reclusion perpetua. Ar%. "=
o+ %)e Re$i&ed Penal Code &%a%e& %)a% %)e 'enal%/ o+ reclusion
perpetua &)all Ae +rom "> /ear& and 1 da/ %o ,> /ear&. W)ile %)e
*>C/ear 'eriod +all& 7i%)in %)a% ran(e# reclusion perpetua
ne$er%)ele&& i& a &in(le indi$i&iAle 'enal%/ 7)ic) canno% Ae
di$ided in%o diBeren% 'eriod&. T)e *>C/ear 'eriod +or reclusion
perpetua i& onl/ +or 'r'o&e& o+ &cce&&i$e &er$ice o+ &en%ence
nder Ar%. => o+ %)e RPC.
1ore im'or%an%l/# %)e crime commi%%ed i& one 'enali6ed
nder RA 8-*D or T)e An%iCCarna''in( Ac% o+ 1F=" 7)ic) i& a
&'ecial la7 and no% nder %)e RPC. Unle&& o%)er7i&e &'eci!ed# i+
%)e &'ecial 'enal la7 im'o&e& &c) 'enal%/# i% i& error %o
de&i(na%e i% 7i%) %erm& 'ro$ided +or in %)e RPC &ince %)o&e %erm&
a''l/ onl/ %o %)e 'enal%ie& im'o&ed A/ %)e RPC# and no% %o %)e
'enal%/ in &'ecial 'enal la7&. Generall/# &'ecial la7& 'ro$ide %)eir
o7n &'eci!c 'enal%ie& +or %)e oBen&e& %)e/ 'ni&)# 7)ic)
'enal%ie& are no% %aIen +rom nor re+er %o %)o&e in %)e RPC.
Sec. 1#
4otion for -ew <rial
1. When appellant ma! mo0e for a new trial%
1. A% an/ %ime a+%er %)e a''eal +rom %)e lo7er cor% )a&
Aeen 'er+ec%ed#
and
". <e+ore %)e Ed(men% o+ %)e CA con$ic%in( %)e a''ellan%
Aecome& !nal
2. (round for new trial%
Ne7l/ di&co$ered e$idence ma%erial %o %)e de+en&e o+ %)e
a''ellan%
Sec. 13
What the 2& ma! do when 4otion for -ew <rial is (ranted
1. Condc% %)e )earin( and recei$e e$idence# or
". Re+er %)e %rial %o %)e cor% o+ ori(in
Sec. 1=
4otion for )econsideration
1. )e?uisites%
1. A mo%ion +or recon&idera%ion &)all Ae !led 7i%)in 1- da/&
+rom no%ice o+
%)e deci&ion or !nal order o+ %)e CA# and
". Co'ie& o+ %)e mo%ion &)all Ae &er$ed 'on %)e ad$er&e
'ar%/# &e%%in(
+or%) %)e (rond& in &''or% %)ereo+
2. )ules%
1. T)e mi%%im& &)all Ae &%a/ed drin( %)e 'endenc/ o+ %)e
mo%ion +or
recon&idera%ion
". No 'ar%/ &)all Ae allo7ed a &econd mo%ion +or
recon&idera%ion o+ a
Ed(men% or !nal order
+ule 1&0
!+"25<C+5 7? 1D5
SC!+5M5 2"C+1
S5217"? 1. Cniform !rocedure. Cnless otherwise
provided by the 2onstitution or by law, the procedure in the
Supreme 2ourt in original and in appealed cases shall be the
same as in the 2ourt of *ppeals. 1a)

S52. &. +eview of decisions of the 2ourt of *ppeals.
1he procedure for the review by the Supreme 2ourt of
decisions in criminal cases rendered by the 2ourt of *ppeals
shall be the same as in civil cases. &a)
Procedure in the Supreme 2ourt
1. Procedure in the S2
1. (eneral )ule
T)e 'rocedre in %)e SC in ori(inal and in a''ealed
ca&e& &)all Ae %)e
&ame a& in %)e CA
2. E*ceptions + unless otherwise pro0ided !%
1. T)e Con&%i%%ion#
". La7
2. Procedure for re0iew of decisions of 2& in criminal
cases%
I% &)all Ae %)e &ame a& in ci$il ca&e&
S52. '. <ecision if opinion is eAually divided. Jhen the
Supreme 2ourt en banc is eAually divided in opinion or the
necessary majority cannot be had on whether to acAuit the
appellant, the case shall again be deliberated upon and if no
decision is reached after re=deliberation, the judgment of
conviction of lower court shall be reversed and the accused
acAuitted. 'a)
Procedure when Apinion is E?uall! Di0ided
1. Situation + whether or not to ac?uit the appellant as
when%
1. T)e SC en Aanc i& e;all/ di$ided in o'inion# or
". T)e nece&&ar/ maEori%/ canno% Ae )ad
2. Solution%
T)e ca&e &)all a(ain Ae deliAera%ed 'on
3. If still no decision is reached after re.delieration%
T)e Ed(men% o+ con$ic%ion o+ %)e lo7er cor% &)all Ae
re$er&ed and %)e
acc&ed &)all Ae ac;i%%ed
1. Promulgation where appellant escapes
People 0. Prades
253 S2)& #11
8ul! 36, 1551
En 7anc% Per curiam
,uestion%
W)ere %)e 'er&on &en%enced %o dea%) i& a +(i%i$e +rom
E&%ice# and %)e S'reme Cor% a?rm& %)e dea%) &en%ence# )o7
ma/ i% 'roml(a%e %)e Ed(men%J
&nswer%
T)e la&% 'ara(ra') o+ Sec. 8 o+ Rle 1"> o+ %)e Re$i&ed Rle&
on Criminal Procedre i& a ne7 'ro$i&ion 7)ic) 'ro$ide& +or %)e
'roml(a%ion o+ Ed(men% in absentia 2G'i%# .r.# Rle& o+ Criminal
Procedre *8"C*8* 41FD853. T)e amendmen% 7a& in%ended %o
oA$ia%e %)e &i%a%ion in %)e 'a&% 7)ere %)e Edicial 'roce&& cold
Ae &A$er%ed A/ %)e acc&ed Em'in( Aail %o +r&%ra%e %)e
'roml(a%ion o+ Ed(men%. I+# +or an/ rea&on# i% &)old Ae claimed
%)a% &aid 'ro$i&ion i& in%ended %o Ae %)e 'rocedre in %)e %rial
cor%&# %)e &im'le reEoinder i& %)a% %)ere i& no rea&on 7)/# on
con&idera%ion& o+ i%& ra%ionale and 'rocedral eG'edienc/# %)e
&ame &)old no% a''l/ %o %)e &ame +ac%al &i%a%ion in %)e
a''ella%e cor%&. In %)e S'reme Cor% and %)e Cor% o+ A''eal&#
%)e Ed(men% i& 'roml(a%ed A/ merel/ !lin( %)e &i(ned co'/
%)ereo+ 7i%) %)e ClerI o+ Cor% 7)o ca&e& %re co'ie& o+ %)e
&ame %o Ae &er$ed 'on %)e 'ar%ie&# )ence %)e a''earance o+ %)e
acc&ed i& no% e$en re;ired %)ere a& )i& 're&ence i& nece&&ar/
onl/ in %)e 'roml(a%ion o+ %)e Ed(men%& o+ %rial cor%&.
T)erea+%er# 7)en %)e Ed(men% o+ %)e a''ella%e cor% Aecome&
eGec%or# %)e record& o+ %)e ca&e %o(e%)er 7i%) a cer%i!ed co'/ o+
%)e a''ella%e cor% Ed(men% are re%rned %o %)e cor% a quo +or
eGec%ion o+ %)e Ed(men%.
F: Jhen the penalty imposed by the +12 is perpetua for e@ample,
and since the appeal is direct to the Supreme 2ourt, then what procedure
will the S2 followO "r when the case was decided by the 2* and you
appeal to the S2, what procedure will the S2 followO
*: Cnder Section 1, :Cnless otherwise provided by the 2onstitution
or by law, the procedure in the Supreme 2ourt in original and in
appealed cases shall be the same as in the 2ourt of *ppeals.9 So there is
no problem, you can apply the previous rule filing of brief, how many
copies the same.
?ow, letLs go to one interesting 7SSC5: 2an you file a motion for new
trial of a criminal case before the S2 on the ground of newly discovered
evidenceO
7n the past, there seems to be conflicting rulings on that issue. ,i8e
for e@ample, if you go to the 1$/0 case of %"<C2" ;S. 2* 1# S2+*
&.&), the S2 ruled that the S2 is not authoriBed to entertain a motion for
reconsideration and)or new trial on the ground of newly discovered
evidence because of the doctrine that the S2 is not a trier of facts only
Auestions of law are supposed to be raised before the S2.
Dowever, the %oduco ruling seems to be rela@ed in other cases
subseAuently to the case of %oduco. 7n the case of D5,MC1D, >+. ;S.
!5"!,5 11& S2+* 04' G1$.&H), and in !5"!,5 ;S. *M!*+*<"
10/ S2+* 41& G1$.4H), the S2 allowed the motion for new trial based
on newly discovered evidence.
7n 1$$0, that issue came out again in the case of
2C5?2* vs. 2"C+1 "E *!!5*,S
&0( S2+* #.0
D5,<: *lthough in :%oduco vs. 2*9 1# S2+* &.&
G1$/0H), this 2ourt ruled that it is not authoriBed to entertain a
motion for reconsideration and)or new trial predicated on
allegedly newly discovered evidence, the rule now appears to
have been rela@ed, if not abandoned, in subseAuent cases li8e
:Delmuth, >r. vs. !eople9 and :!eople vs. *mparado.9
:7n both cases, the 2ourt, opting to brush aside technicalities
and despite the opposition of the Solicitor %eneral, granted new
trial to the convicted accused concerned on the basis of
proposed testimonies or affidavits of persons which the 2ourt
considered as newly discovered and probably sufficient
evidence to reverse the judgment of conviction.9
So we follow the later ruling rela@ed. *nd 7 thin8 that is fair enough
for the accused. *ll the doubts should be resolved in favor of the
accused.
+ule #&
!51717"? E"+ +5;75J
E+"M 1D5 +5%7"?*, 1+7*, 2"C+1S
1" 1D5 2"C+1 "E *!!5*,S
F: Jhat are the modes of appeal from +12 to the 2*O
*: 7tLs either "+<7?*+I *!!5*, +ule #1) or !51717"? E"+
+5;75J +ule #&).
+ule #1 refers to an ordinary appeal from the +12 to the 2* yung
notice of appeal. Dere, the +12 rendered a decision pursuant to its
"+7%7?*, >C+7S<7217"?.
N5to namang +ule #& !etition for review) is the mode of appeal from
the +12 to the 2* in cases decided by the +12 pursuant to its
*!!5,,*15 >C+7S<7217"?. So, the case here actually originated in
the M12, then it was appealed to the +12 under +ule #(. *nd now,
from the +12, you want to go to the 2*. Dence, the mode of appeal is
not +ule #1) ?otice of *ppeal but +C,5 #& !etition for +eview.
Eor the first time, there is now a rule governing petitions for review
from the +12 to the 2*. !rior to >uly 1, 1$$4, there was none. *lthough
there were guidelines then in jurisprudence, decided cases and S2
circulars.
Section 1. Dow appeal ta8en3 time for filing. * party
desiring to appeal from a decision of the +egional 1rial 2ourt
rendered in the e@ercise of its appellate jurisdiction may file a
verified petition for review with the 2ourt of *ppeals, paying
at the same time to the cler8 of said court the corresponding
doc8et and other lawful fees, depositing the amount of
!0((.(( for costs, and furnishing the +egional 1rial 2ourt
and the adverse party with a copy of the petition. 1he petition
shall be filed and served within fifteen 10) days from notice
of the decision sought to be reviewed or of the denial of
petitionerLs motion for new trial or reconsideration filed in
due time after judgment. Cpon proper motion and the
payment of the full amount of the doc8et and other lawful
fees and the deposit for costs before the e@piration of the
reglementary period, the 2ourt of *ppeals may grant an
additional period of fifteen 10) days only within which to
file the petition for review. ?o further e@tension shall be
granted e@cept for the most compelling reason and in no case
to e@ceed fifteen 10) days. n)
Cnder Section 1, a petition for review under +ule #& must be
;5+7E75<.
F: Jhere will you file your petition for reviewO
*: Iou file it directly with the 2*. <o not file it with the trial court.
7n +ule #1, where the appeal is deemed perfected by simply filing a
notice of appeal, you file your notice of appeal with the +12. <o not file
it with the 2*. -ut in +ule #&, where the appeal is by petition for
review, you file your petition directly with the 2*. <o not file it with the
+12.
?ot only that. "f course, you have to pay the doc8et and lawful fees
plus !0(( for costs. *nd you must furnish the +12 and the adverse party
with a copy of the petition. 1hat is a new reAuirement.
F: Jhat is the period to file a petition for review O
*: 1he period to file a petition for review is 10 days from receipt of
the +12 judgment or from the order denying the motion for
reconsideration.
F: Jhat is the difference in period to file between +ule #1 and +ule
#& O
*: 7n +ule #1, if your motion for reconsideration is denied, you can
still appeal within the remaining balance of the 10=day period. 7n +ule
#&, the 10=day period starts all over again because the law says :or of the
denial.9 So, another fresh 10 days. 1his because it is more difficult to
prepare a petition for review. 1his is more time=consuming than a simple
notice of appeal. JeLll go to e@amples:
!+"-,5M: ,etLs go bac8 to +C,5 #1: Iou receive a copy of the
+12 decision on March '1. Iou file your motion for reconsideration on
*pril 1( the 1(th day. *fter two wee8s, you received order of the court
denying the ME+.
F: Dow many more days are left for you to file a notice of appealO
*: Si@ /) days. *ng binilang mo, 1=$ days lang. 1he 1(th day is
interrupted na. 1hatLs true.
!+"-,5M: Je will go to the same problem applying +ule #&): 1he
case was decided by the M12, appealed to the +12. *nd then in the
+12, you lost again. Iou receive a copy of the decision on March '1.
"n *pril 1(, you file a motion for reconsideration. *nd then on *pril &(,
you receive the order denying the ME+.
F: Dow many days more are left for you to file your petition for
reviewO
*: 6ung sabihin mo / days from *pril &( or *pril &/, thatLs E*,S5V
1he answer is 10 days all over again. ,oo8 at the law: :1he petition
shall be filed and served within fifteen 10) days from notice of the
decision sought to be reviewed or of the denial of petitionerLs motion for
new trial or reconsideration.9 Meaning, you count another 10 days from
the denial. Cmpisa na namanV
So the filing a motion for new trial or reconsideration in +ule #& does
not only interrupt the running of the period but it commences to run all
over again. Cnli8e in +ule #1, in ordinary appeal, where the filing of the
motion for reconsideration or new trial merely interrupts the running of
the period to appeal. *nd it commences to run again from the time you
are notified that your motion is denied. See the differenceO
*ctually, if you are not serious in your study of appeal, you will not
see these distinctions. Iou will just assume that the principles under
+ule #1 and +ule #& are the same.
F: Cnder Section 1, is the 10=day period to file petition for review
e@tendibleO
*: Cnder +ule #1, the 10=day period to file notice of appeal is not
e@tendible no e@ceptions. -ut in +ule #&, the 10=day period to file
petition for review is 5P15?<7-,5 according to the last sentence of
Section 1, provided you pay your doc8et and other lawful fees, the 2*
will grant additional 10 days within which to file a petition for review.
F: Jhere will you file your motion for e@tension of time to file
petition for reviewO
*: Iou file your motion for e@tension to the 2*. 1he 2* itself will
grant the e@tension.
F: Dow many more days can the 2* grantO
*: 1he 2* may grant another 10 days and no further e@tension can be
granted e@cept for the most compelling reasons. So, original e@tension is
10 days, and a possible e@tension of 10 days _ total '( days.
1hese are technical points. *nd how many appealed cases have been
dismissed simply because these finer provisions were not been observed
by lawyersO 7 would say /(Z of all appeals are dismissed. 5ven in
<avao, majority of petitions are dismissed because na8ulangan ng piso
sa doc8et fee, 8arami. 7 presume throughout the country, the pattern is
the same because the rules on appeal are very technical and very strict.
1hatLs why there are lawyers in Manila, even in <avao, who do not want
to handle appealed cases. 1hey only handle cases in the trial court. !ag=
a8yat na, nasa 2* na, petition for certiorari, pasa na sa iba.
-ut there are also who have mastered the rules on appeal. Eor the
purpose of specialiBation, trial phase and appeal phase. Eor purposes of
the bar, you have to 8now all the fields in laws. "nce you pass the bar,
diyan na 8ayo mag=isip 8ung ano ang pipiliin ninyoScivil, criminal,
labor, etc. -ut for purposes of the bar, you cannot say dito lang a8o mag=
aral sa ,abor, wag na sa 2ivil ,aw. !wede ba yanO Iou cannot do that.
6aya nga sabi nila, the people who 8now more about the law are those
who have just ta8en the bar.
Sec. &. Eorm and contents. 1he petition shall be filed in
seven 4) legible copies, with the original copy intended for
the court being indicated as such by the petitioner, and shall
a) state the full names of the parties to the case, without
impleading the lower courts or judges thereof either as
petitioners or respondents3 b) indicate the specific material
dates showing that it was filed on time3 c) set forth concisely
a statement of the matters involved, the issues raised, the
specification of errors of fact or law, or both, allegedly
committed by the +egional 1rial 2ourt, and the reasons or
arguments relied upon for the allowance of the appeal3 d) be
accompanied by clearly legible duplicate originals or true
copies of the judgments or final orders of both lower courts,
certified correct by the cler8 of court of the +egional 1rial
2ourt, the reAuisite number of plain copies thereof and of the
pleadings and other material portions of the record as would
support the allegations of the petition.
1he petitioner shall also submit together with the petition
a certification under oath that he has not theretofore
commenced any other action involving the same issues in the
Supreme 2ourt, the 2ourt of *ppeals or different divisions
thereof, or any other tribunal or agency3 if there is such other
action or proceeding, he must state the status of the same3
and if he should thereafter learn that a similar action or
proceeding has been filed or is pending before the Supreme
2ourt, the 2ourt of *ppeals, or different divisions thereof, or
any other tribunal or agency, he underta8es to promptly
inform the aforesaid courts and other tribunal or agency
thereof within five 0) days therefrom. n)
1a8e note of Section &. <o not implead the lower court or the judge
because nasanay na tayo na pati Nyung judge naging defendant or
respondent na. Je only do that in 2ertiorari under +ule /0 in Special
2ivil *ctions, but not on appeal. 1his is the influence of >ustice Eeria
because he has penned many cases which has included the judge as
defendant or respondent. So, he said that in the case of MJSS vs. 2*
G*ug. &0, 1$./H, hence we can see his influence, siningit talaga niya
iyan sa 8aso na yon.
?ow, as to the form Glast paragraphH, there has to be a 2ertification of
?on=Eorum Shopping, failure to comply with such would mean the
dismissal of the case.
"+17M vs. 2"C+1 "E *!!5*,S
&$$ S2+* 4(. G1$$.H
E*21S: 1he certification was not signed by the "rtiBes but
by their lawyer who has personal 8nowledge of the fact and
contended that it should be accepted as substantial compliance
with the rules.
D5,<: 1he certification was not proper. Strict observance of
the rule is reAuired. 7n this case, no e@planation was given.
:+egrettably, Je find that substantial compliance will not
suffice in a matter involving strict compliance. 1he attestation
contained in the certification on non=forum shopping reAuires
personal 8nowledge by the party who e@ecuted the same. 1o
merit the 2ourtLs consideration, "rtiBes here must show
reasonable cause for failure to personally sign the certification.
1he "rtiBes must convince the court that the outright dismissal
of the petition would defeat the administration of justice.
Dowever, the "rtiBes did not give any e@planation to warrant
their e@emption from the strict application of the rule. Ctter
disregard of the rules cannot justly be rationaliBed by har8ing on
the policy of liberal construction.9
F: Cnder paragraph GcH, what issues can you raise in the petition for
reviewO
*: 5rrors of fact, errors of law, or both mi@ed errors of fact or law.
Somebody as8ed this FC5S17"?: hindi ba 8apag error of law dapat
sa S2 yanO Dindi na dadaan sa 2*O Dow do you reconcile this with the
2onstitutionO *ctually, when the law says decisions of the +12
appealable directly to the S2, it was decided pursuant to its original
jurisdiction. -ut if it is decided pursuant to its appellate jurisdiction, the
appeal should be to the 2* even on pure Auestions of law without
prejudice of going to the S2 later on.
Sec. '. 5ffect of failure to comply with reAuirements. 1he
failure of the petitioner to comply with any of the foregoing
reAuirements regarding the payment of the doc8et and other
lawful fees, the deposit for costs, proof of service of the
petition, and the contents of and the documents which should
accompany the petition shall be sufficient ground for the
dismissal thereof.
Section '. 7f you fail to comply with the reAuirements, tapos ang
petition mo, dismissV
Sec. #. *ction on the petition. 1he 2ourt of *ppeals may
reAuire the respondent to file a comment on the petition, not a
motion to dismiss, within ten 1() days from notice, or
dismiss the petition if it finds the same to be patently without
merit, prosecuted manifestly for delay, or that the Auestions
raised therein are too unsubstantial to reAuire consideration.
n)
Sec. 0. 2ontents of comment. 1he comment of the
respondent shall be filed in seven 4) legible copies,
accompanied by certified true copies of such material
portions of the record referred to therein together with other
supporting papers and shall a) state whether or not he
accepts the statement of matters involved in the petition3 b)
point out such insufficiencies or inaccuracies as he believes
e@ist in petitionerLs statement of matters involved but without
repetition3 and c) state the reasons why the petition should
not be given due course. * copy thereof shall be served on
the petitioner. n)
Sec. /. <ue course. 7f upon the filing of the comment or
such other pleadings as the court may allow or reAuire, or
after the e@piration of the period for the filing thereof without
such comment or pleading having been submitted, the 2ourt
of *ppeals finds prima facie that the lower court has
committed an error of fact or law that will warrant a reversal
or modification of the appealed decision, it may accordingly
give due course to the petition. n)
F: Jhen you file a petition for review from the +12 to the 2*, is the
2* obliged to entertain the petitionO
*: ?o, this is discretionary under Section /. 1he 2* may or may not
give due course to the petition unli8e in ordinary appeal. Ian ang
8aibahan ng ordinary appeal and petition for review.
7n ordinary appeal under +ule #1, when you file notice of appeal and
you pay your doc8et fee, your appeal is automatically entertained. *t
least it will be heard by the 2*. -ut in +ule #&, it is not the same. Jhen
you go there, whether your petition for review will be given due course
or not even if you have paid the doc8et fee. ?ormally, the 2* will
reAuired you to comment and then chances are after another month and
after reading your petition and your comment, the 2* will refuse to give
due course to your petition, :Iour petition is hereby dismissedV9 So, you
must convince the 2* na may merit baahV
F: Jhat happens when the petition for review is given due courseO
*: 1he parties will be reAuired to submit their respective memoranda.
1a8e note that the +12 is also given the power to issue orders for the
protection of the parties the same as in Section ., paragraph GbH.
Sec. 4. 5levation of record. Jhenever the 2ourt of
*ppeals deems it necessary, it may order the cler8 of court of
the +egional 1rial 2ourt to elevate the original record of the
case including the oral and documentary evidence within
fifteen 10) days from notice. n)
F: ?ow, when is an appeal by petition for review deemed perfectedO
*: Section . GaH. Similar to +ule #1. 1he same principle:
Sec. .. !erfection of appeal3 effect thereof. a) Cpon the
timely filing of a petition for review and the payment of the
corresponding doc8et and other lawful fees, the appeal is
deemed perfected as to the petitioner.
1he +egional 1rial 2ourt loses jurisdiction over the case
upon the perfection of the appeals filed in due time and the
e@piration of the time to appeal of the other parties.
Dowever, before the 2ourt of *ppeals gives due course to
the petition, the +egional 1rial 2ourt may issue orders for the
protection and preservation of the rights of the parties which
do not involve any matter litigated by the appeal, approve
compromises, permit appeals of indigent litigants, order
e@ecution pending appeal in accordance with section & of
+ule '$, and allow withdrawal of the appeal. $a, +#1)
b) 5@cept in civil cases decided under the +ule on
Summary !rocedure, the appeal shall stay the judgment or
final order unless the 2ourt of *ppeals, the law, or these
+ules shall provide otherwise. n)
F: <oes the +12 have the power to act despite the fact that the
petition for review is already before the 2*O Suppose 7 lost in the M12,
and 7 also lost on appeal in the +12. 7 file a petition for review. Jhat
happens to the decisionO 2an the decision be enforcedO
*: ?", it cannot be enforced yet because it is not yet final. Je still
have to wait for the appeal to be dismissed or to be entertained and
denied later. Cnder paragraph GbH, the appeal shall stay the judgment or
final order C?,5SS the 2*, the law or these rules should provide
otherwise.
*lso, based on the opening clause of paragraph GbH, e@cept in civil
cases provided in the +ules on Summary !rocedure, any part thereafter
appealed to the 2* will not stop the implementation of the +12
decision.
Cnder Section &1 of the Summary +ules, when a case is started in the
M12 under the Summary !rocedure, and appealed to the +12 and
decided by the +12, the decision becomes immediately e@ecutory. 5ven
if we file a petition for review, it is e@ecutory. 1he only way to stop the
+12 from enforcing that judgment is to get a 1+" or a writ of
preliminary injunction from the 2*. 1hat is the rule.
Sec. $. Submission for decision. 7f the petition is given due course,
the 2ourt of *ppeals may set the case for oral argument or reAuire
the parties to submit memoranda within a period of fifteen 10)
days from notice. 1he case shall be deemed submitted for decision
upon the filing of the last pleading or memorandum reAuired by
these +ules or by the court itself. n)
=.E>ECUTION OF -UDGMENT
No%e %)a% %)ere are %7o a&'ec%& in a criminal ca&e# %)e criminal
a&'ec% and ci$il a&'ec%. So# one %)in( %o de%ermine !r&% i& 7)ic)
a&'ec% o+ %)e Ed(men% )a& Aecome !nal and eGec%or.
No%e %)a% a& +ar a& %)e criminal a&'ec% i& concerned# %)e Ed(men%
can Ae one o+ ac;i%%al# di&mi&&al on %)e meri%&# di&mi&&al Aa&ed
on a %ec)nicali%/ or con$ic%ion.
T)e !r&% %7o are immedia%el/ !nal and eGec%or/# 7)ile %)e o%)er
%7o are no%. 0ence +or a Ed(men% o+ di&mi&&al no% Aa&ed on %)e
meri%& or con$ic%ion %o Ae come !nal# %)ere &)old Ae +ailre %o
a''eal +rom %)e ori(inal Ed(men%. In ca&e %)ere 7a& an a''eal#
%)ere &)old Ae +ailre %o +r%)er a''eal.
A& re(ard& %)e ci$il a&'ec%# Rle *F on EGec%ion o+ .d(men%
nder %)e Rle& o+ Ci$il Procedre a''lie&.
,.1 PROCEDURE IN THE FIRST LE*EL COURTS AND THE RULES
ON SUMMAR+ PROCEDURE
+ule 1&'
!+"25<C+5 7? 1D5
MC?727!*, 1+7*, 2"C+1S
S5217"? 1. Cniform !rocedure. 1he procedure to be observed in the
Metropolitan 1rial 2ourts, Municipal 1rial 2ourts and Municipal 2ircuit
1rial 2ourts shall be the same as in the +egional 1rial 2ourts, e@cept
where a particular provision applies only to either of said courts and in
criminal cases governed by the +evised +ule on Summary !rocedure.
1a)
Procedure in the 4<2
1. (eneral )ule%
T)e 'rocedre %o Ae oA&er$ed in %)e 1TC &)all Ae %)e &ame
a& in %)e RTC
2. E*ceptions + the procedure shall e di@erent%
1. 7)ere a 'ar%iclar 'ro$i&ion a''lie& onl/ %o ei%)er o+ &aid
cor%&#
". in criminal ca&e& (o$erned A/ %)e Smmar/ Rle
PE)<I-E-< P)ADISIA-S <&;E- ')A4 <9E )EDISED )CHE
A- SC44&)> P)A2EDC)E
I
&PPHI2&7IHI<>
Sec. 1
2riminal 2ases 2o0ered ! the Summar! )ule
1. Viola%ion& o+ TRAFFIC la7&# rle& and re(la%ion&9
". Viola%ion& o+ %)e RENTAL la79
*. Viola%ion& o+ mnici'al or ci%/ ORDINANCES9
,. All o%)er criminal ca&e&M
1. W)ere %)e 'enal%/ 're&criAed A/ la7 +or %)e oBen&e
c)ar(ed# doe& no%
eGceedM
1. 8 mon%)& im'ri&onmen%# or
". a !ne o+ P1#>>>.>># or
*. Ao%)9
". Irre&'ec%i$e o+M
1. o%)er im'o&aAle 'enal%ie&# acce&&or/ or o%)er7i&e# or
". %)e ci$il liaAili%/ ari&in( %)ere+rom
-. OBen&e& in$ol$in( DA1AGE %o PROPERTY %)ro() CRI1INAL
NEGLIGENCE 7)ere %)e im'o&aAle !ne doe& no% eGceed
P1>#>>>.>>
2riminal 2ases -A< 2o0ered ! the Summar! )ule
1. OBen&e& in$ol$in( DA1AGE %o PROPERTY %)ro() CRI1INAL
NEGLIGENCE 7)ere %)e im'o&aAle !ne eGceed& P1>#>>>.>>
". Criminal ca&e& 7)ere %)e oBen&e c)ar(ed i& nece&&aril/ rela%ed
%o ano%)er criminal ca&e &AEec% %o %)e ordinar/ 'rocedre
1. 2ases co0ered ! the )ule
2omate 0. San 8ose, 8r.,
133 S2)& =53
&pril 13, 1513
'irst Di0ision% 4elencio.9errera, 8.
'acts%
A+%er acc&ed 7a& arrai(ned +or %)e+% o+ a !()%in( cocI 7or%)
P">># %)e Ed(e i&&ed an order &%a%in( %)a% %)e ca&e i& deemed
&Ami%%ed +or deci&ion. T)erea+%er# Aa&ed on a?da$i%& and
con%erCa?da$i%& &Ami%%ed A/ %)e com'lainan%# acc&ed and
%)eir 7i%ne&&e&# %)e cor% con$ic%ed acc&ed o+ %)e+% and
&en%enced )im %o 8 mon%)& im'ri&onmen%.
Issue%
I& %)e 'rocedre 'ro'erJ
9eld%
No. Smmar/ Rle a''lie& onl/ %o criminal ca&e& 7)ere %)e
'enal%/ 're&criAed +or %)e oBen&e c)ar(ed doe& no% eGceed 8
mon%)& im'ri&onmen% or a !ne o+ P1#>>># or Ao%). T)e+% i&
'enali6ed 7i%) arresto ma"or in i%& medim 'eriod %o prision
correccional in i%& minimm 'eriod# or# +rom " mon%)& and 1 da/
%o " /ear& and , mon%)&. Clearl/# %)e Smmar/ Rle i&
ina''licaAle. <% e$en i+ a''licaAle# %)e 'rocedre ado'%ed i&
irre(lar. Under Sec. 1*# 'on a 'lea o+ no% (il%/# %rial &)all
'roceed. T)e a?da$i%& &Ami%%ed A/ %)e 'ar%ie& &)all con&%i%%e
%)e direc% %e&%imonie& o+ %)e 7i%ne&&e& 7)o eGec%ed %)e &ame#
A% %)e/ are &AEec% %o cro&&CeGamina%ion.
III
2)I4I-&H 2&SES
Sec. 11
9ow 2riminal 2ases are 2ommenced under the Summar!
)ule
1. 9ow commenced%
1. (eneral )ule%
Ei%)er A/ com'lain% or in+orma%ion
2. E*ception + I% can onl/ Ae commenced A/ in+orma%ion inM
1. 1e%ro 1anila# and
". C)ar%ered ci%ie&
3. E*ception to e*ception%
I+ %)e crime CANNOT Ae 'ro&ec%ed de o7cio, %)e
in+orma%ion )a& %o
Ae &i(ned A/ %)e oBended 'ar%/
2. What accompanies the complaint or information +
a$da0its of the complainant and of his witnesses%
1. -umer of copies re?uired%
1. A& man/ a& %)e nmAer o+ acc&ed# and
". " co'ie& +or %)e cor%P& !le&
2. E@ect of failure to compl! with the re?uirement
within 3 da!s from
fling%
T)e ca&e ma/ Ae di&mi&&ed
1. &$da0it as ground for demurrer
Paulin 0. (imene/
21: S2)& 31=
8anuar! 21, 1553
<hird Di0ision% 4elo, 8.
Issue%
1a/ an acc&ed !le a demrrer %o e$idence Aa&ed on %)e
ar(men% %)a% %)e a?da$i%& &Ami%%ed A/ %)e 'ro&ec%ion nder
Sec. 11 o+ Smmar/ Rle do no% 'ro$e )i& (il% Ae/ond
rea&onaAle doA%J
9eld%
No.Demrrer %o e$idence# 7)ic) i& no% a 'ro)iAi%ed 'leadin(
nder %)e Smmar/ Rle# 're&''o&e& %)a% %)e 'ro&ec%ion )ad
alread/ re&%ed i%& ca&e 2Sec. 1-# Rle 11F# Rle& o+ Cor%3. 0ence#
%)e mo%ion i& 'rema%re i+ in%er'o&ed a% a %ime 7)en %)e
'ro&ec%ion i& &%ill in %)e 'roce&& o+ 're&en%in( e$idence.
SAmi&&ion o+ a?da$i%& %o %)e cor% doe& no% 7arran% %)e
in+erence %)a% %)e 'ro&ec%ion )ad alread/ !ni&)ed 're&en%in( i%&
e$idence Aeca&e %)e a?an%& are &%ill re;ired %o %e&%i+/ and
a?rm %)e con%en%& %)ereo+9 o%)er7i&e# %)e&e a?da$i%& canno%
&er$e a& com'e%en% e$idence +or %)e 'ro&ec%ion.
Sec. 12
Dut! of the 2ourt
1. If the case is commenced ! complaint + the court ma!%
1. Di&mi&& %)e ca&e o%ri()%M
1. +or Aein( 'a%en%l/ 7i%)o% Aa&i& or meri%#
". on %)e Aa&i& o+ %)e com'lain% and %)e a?da$i%& and
o%)er e$idence
accom'an/in( %)e &ame9 and
2. If the case is commenced ! information or not
dismissed pursuant to the ao0e%
1. T)e cor% &)all i&&e an order 7)ic)M
1. &)all Ae accom'anied 7i%) co'ie& o+ %)e a?da$i%&
and o%)er
e$idence &Ami%%ed A/ %)e 'ro&ec%ion# and
". &)all re;ire %)e acc&edM
1. %o &Ami% )i& con%erCa?da$i% and %)e a?da$i%&
o+ )i&
7i%ne&&e& a& 7ell a& an/ e$idence in )i& Ae)al+#
and
". %o &er$e co'ie& %)ereo+ on %)e com'lainan% or
'ro&ec%or
no% la%er %)an 1> da/& +rom recei'% o+ &aid order.
". T)e 'ro&ec%ion ma/ !le re'l/ a?da$i%& 7i%)in 1> da/&
a+%er recei'% o+
%)e con%erCa?da$i%& o+ %)e de+en&e.
1. Arder to sumit counter.a$da0it
Paredes 0. 4analo
2## S2)& =#
4a! 16, 1553
'irst Di0ision% 7ellosillo, 8.
Issue%
1a/ a Ed(e Ae )eld admini&%ra%i$el/ liaAle +or no% orderin(
acc&ed %o &Ami% a con%er a?da$i% and +or i&&in(# in&%ead# a
7arran% o+ arre&% in a ca&e +allin( nder %)e Smmar/ ProcedreJ
9eld%
Ye&. Sec. 1" 2A3 o+ %)e Rle on Smmar/ Procedre 'ro$ide&
%)a% in all o%)er ca&e& 7)ere %)e acc&ed i& no% in c&%od/# %)e
cor% &)all i&&e an order# accom'anied A/ co'ie& o+ all %)e
a?da$i%& &Ami%%ed A/ %)e com'lainan%# direc%in( %)e de+endan%&
%o a''ear and &Ami% %)eir con%erCa?da$i%& and %)o&e o+ %)eir
7i%ne&&e& a% a &'eci!ed da%e. Sc) manda%e i& clear# )ence#
Ed(e& )a$e no o%)er o'%ion A% %o oAe/.
2. Period to fle counter.a$da0it
2ariaga 0. &nasario
35= S2)& 355
'eruar! 3, 2663
<hird Di0ision% Sando0al.(utierre/, 8.
Issue%
1a/ a Ed(e Ae )eld admini&%ra%i$el/ liaAle +or admi%%in(
con%erCa?da$i%& and a?da$i%& o+ 7i%ne&&e& !led A/ acc&ed 1*>
da/& a+%er )e recei$ed %)e order +or )im %o &Ami% )i& con%erC
a?da$i% 7i%)in 1> da/&J
9eld%
Ye&. T)e Smmar/ Rle 7a& 'roml(a%ed &'eci!call/ %o
ac)ie$e an eG'edi%io& and ineG'en&i$e de%ermina%ion o+ ca&e&.
In allo7in( %)e &Ami&&ion o+ %)e con%erCa?da$i%& 1*> da/& +rom
no%ice# %)e Ed(e $iola%ed Rle. Sec. 1"2A3 7)ic) 'ro$ide& %)a% %)e
cor% &)all i&&e an order K7)ic) &)all re;ire %)e acc&ed %o
&Ami% )i& con%erCa?da$i% and %)e a?da$i%& o+ )i& 7i%ne&&e&L G G
G Kno% la%er %)an 1> da/& +rom recei'% o+ &aid order.L Sec. 1F2e3
al&o 'ro$ide& %)a% a mo%ion +or eG%en&ion %o !le a?da$i%& i&
'ro)iAi%ed.
Sec. 13
&rraignment and <rial
1. Cpon consideration of the complaint or information and
the a$da0its sumitted ! oth parties, the court ma!
either%
1. Order %)e di&mi&&al o+ %)e ca&e T i+ i% !nd& no ca&e or
(rond %o )old %)e
acc&ed +or %rial# or
". Se% %)e ca&e +or arrai(nmen% and %rial
2. E@ect if the court sets the case for arraignment and
trial%
1. I+ %)e acc&ed i& in c&%od/ +or %)e crime c)ar(ed T )e
&)all Ae arrai(ned
immedia%el/# and
". U'on arrai(nmen%# i+ %)e acc&ed en%er& a 'lea o+ (il%/ T
)e &)all
+or%)7i%) Ae &en%enced
Sec. 1#
Preliminar! 2onference
1. 7efore conducting the trial, the court shall call the
parties to a preliminar! conferenceM
2. What ma! occur during the preliminar! conference%
1. A &%i'la%ion o+ +ac%& ma/ Ae en%ered in%o# or
". T)e 'ro'rie%/ o+ allo7in( %)e acc&ed %o en%er a 'lea o+
(il%/ %o a le&&er
oBen&e ma/ Ae con&idered# or
*. Sc) o%)er ma%%er& ma/ Ae %aIen ' %o clari+/ %)e i&&e&
and %o en&re a
&'eed/ di&'o&i%ion o+ %)e ca&e.
3. E@ect of admission made ! the accused%
1. (eneral )ule + I% &)all no% Ae &ed a(ain&% )im
2. E*ception + W)en admi&&ion ma/ Ae &ed a(ain&% %)e
acc&edM
1. W)en i% i& redced %o 7ri%in(# and
". W)en i% i& &i(ned A/ %)e acc&ed and )i& con&el
#. E@ect of refusal or failure to stipulate during the
preliminar! conference%
I% &)all no% 'reEdice %)e acc&ed
Sec. 13
Procedure of <rial
1. Direct e*amination
1. T)ere i& no oral direc% eGamina%ion#
". T)e a?da$i%& &Ami%%ed A/ %)e 'ar%ie& &)all con&%i%%e %)e
direc%
%e&%imonie& o+ %)e 7i%ne&&e& 7)o eGec%ed %)em# and
*. I+ a 'ar%/ 7i&)e& %o 're&en% addi%ional a?da$i%& or
con%erCa?da$i%& a&
'ar% o+ )i& direc% e$idence# )e &)all &o mani+e&% drin( %)e
'reliminar/
con+erence# &%a%in( %)e 'r'o&e %)ereo+M
1. If allowed ! the court + %)e addi%ional a?da$i%&
o+ %)e 'ro&ec%ion or %)e con%erCa?da$i%& o+ %)e
de+en&e &)all Ae &Ami%%ed %o %)e cor% and &er$ed on
%)e ad$er&e 'ar%/ no% la%er %)an * da/& a+%er %)e
%ermina%ion o+ %)e 'reliminar/ con+erence9
2. If the additional a$da0its are presented !
the prosecution + %)e
acc&ed ma/ !le )i& con%erCa?da$i%& and &er$e %)e
&ame on %)e
'ro&ec%ion 7i%)in * da/& +rom &c) &er$ice
2. 2ross.e*amination, redirect, and re.cross e*amination
1. A 7i%ne&& 7)o eGec%ed an a?da$i% ma/ Ae &AEec%ed %o
oral cro&&C
eGamina%ion# redirec% or reCcro&& eGamina%ion#
". EBec% 7)en a?an% +ail& %o %e&%i+/M
1. 0i& a?da$i% &)all no% Ae con&idered a& e$idence +or
%)e 'ar%/
're&en%in( %)e a?da$i%# A%
". T)e ad$er&e 'ar%/ ma/ %ili6e )i& a?da$i% +or an/
admi&&iAle
'r'o&e
*. EBec% 7)en a 7i%ne&& +ail& %o 're$io&l/ &Ami% )i&
a?da$i% a& re;ired
A/ Sec. 1"M
1. (eneral )ule + )e &)all no% Ae allo7ed %o %e&%i+/
2. E*ception + )e &)all Ae allo7ed %o %e&%i+/ in reA%%al
or &rC
reA%%al
1. E*ception to the re?uirement of a$da0it
7ala!on, 8r. 0. Acampo
211 S2)& 13
8anuar! 25, 1553
En 7anc% 2ampos, 8r., 8.
'acts%
Sec. 1- o+ %)e Rle on Smmar/ Procedre eG're&&l/
'ro)iAi%& an/ 7i%ne&& +rom %e&%i+/in( drin( %rial 7i%)o%
're$io&l/ &Ami%%in( )i& a?da$i%. De&'i%e %)e 'ro)iAi%ion# %)e
%rial cor% allo7ed %)e Re(i&%er o+ Deed& 7)o )ad no a?da$i% %o
%e&%i+/ in a ca&e +allin( nder %)e &aid Rle.
Issue%
Are %)ere eGce'%ion& %o %)e rleJ
9eld%
Ye&. E$en i+ a 7i%ne&& )a& no% 're$io&l/ &Ami%%ed )i&:)er
a?da$i%# )e ma/ Ae called %o %e&%i+/ in connec%ion 7i%) &'eci!c
+ac%al ma%%er rele$an% %o %)e i&&e. T)&# a medical doc%or 7)o&e
medical cer%i!ca%e i& amon( %)e e$idence on record ma/ Ae
called %o %e&%i+/. T)i& al&o a''lie& %o %)e Re(i&%er o+ Deed& or
Pro$incial A&&e&&or in connec%ion 7i%) o?cial docmen%& i&&ed
A/ )i& o?ce.
Sec. 1=
&rrest of &ccused under the Summar! )ule
1. (eneral )ule%
T)e cor% &)all no% order %)e arre&% o+ %)e acc&ed
2. E*ception%
T)e cor% &)all order %)e arre&% o+ %)e acc&ed +or +ailre %o
a''ear
7)ene$er re;ired
3. When person arrested under the e*ception ma! e
released%
1. I+ )e 'o&%& Aail# or
". I+ )e i& relea&ed on reco(ni6ance A/ a re&'on&iAle ci%i6en
acce'%aAle %o
%)e cor%
1. Issuance of arrest warrant
2arpio 0. De (u/man
2=2 S2)& =13
Actoer 2, 155=
Second Di0ision% <orres, 8.
'acts%
On %)e da/ %)a% a com'lain% +or malicio& mi&c)ie+ 7a& !led
a(ain&% acc&ed# %)e Ed(e i&&ed a 7arran% o+ arre&% !Gin( Aail a%
P1#">>. La%er# )e re$oIed %)e order and allo7ed acc&ed %o Ae
'laced on reco(ni6ance.
Issue%
S)old %)e Ed(e Ae )eld admini&%ra%i$el/ liaAleJ
9eld%
Ye&. 1alicio& mi&c)ie+ i& co$ered A/ %)e Smmar/ Rle. T)e
Ed(e erred in immedia%el/ i&&in( a 7arran% o+ arre&% on %)e
&ame da/ %)e com'lain% +or malicio& mi&c)ie+ 7a& !led# %)ereA/
com'le%el/ di&re(ardin( Sec. 1" 2A3 and Sec. 18. In no% maIin( a
de%ermina%ion o+ 7)e%)er or no% %)e ca&e i& (o$erned A/ %)e
Smmar/ Rle )e clearl/ $iola%ed Sec. " %)ereo+. In di&re(ardin(
%)e rle& and &e%%led Eri&'rdence# %)e Ed(e &)o7ed (ro&&
i(norance# alAei% 7i%)o% an/ malice or corr'% mo%i$e. T)e lacI
o+ malicio& in%en% )o7e$er can no% com'le%el/ +ree )im +rom
liaAili%/.
Sec. 1:
1. -ature of the rule
2ru/ 0. Pascual
2## S2& 111
4a! 12, 1553
'irst Di0ision% 7ellosillo, 8.
'acts%
In a ca&e +allin( nder %)e Rle on Smmar/ Procedre# %)e
Ed(e re&e% %)e 'roml(a%ion o+ %)e deci&ion %o allo7 acc&ed %o
&Ami% a GideCNo%e con%ainin( ci%a%ion& and rlin( rela%ed %o %)e
ca&e. Con&e;en%l/# %)e Ed(e +ailed %o 'roml(a%e %)e deci&ion
7i%)in *> da/& a+%er %rial.
Issue%
I& %)e *>Cda/ 'eriod +or decidin( manda%or/J
9eld%
No. T)e Smmar/ Rle 7a& 'reci&el/ enac%ed %o ac)ie$e an
eG'edi%io& and ineG'en&i$e de%ermina%ion o+ ca&e&. 0ence# Sec.
1= re;ire& %)a% Ed(men% in %)e ca&e m&% Ae rendered 7i%)in *>
da/& +rom %ermina%ion o+ %)e %rial. W)ile %)e 'rocedral
re;iremen% i& direc%or/ i% &AEec%& %)e de+al%in( Ed(e %o
admini&%ra%i$el/ &anc%ion +or )i& +ailre %o oA&er$e %)e rle. <%
%)e deci&ion rendered Ae/ond %)e 'eriod i& $alid.
2. &dministrati0e liailit! for dela!
&sinas, 8r. 0. <rinidad
2#2 S2)& :16
4arch 2:, 1553
Second Di0ision% 7idin, 8.
Issue%
1a/ a Ed(e Ae )eld admini&%ra%i$el/ liaAle +or decidin( a
ca&e +or malicio& mi&c)ie+ 1 /ear and = mon%)& a+%er i% 7a&
&Ami%%ed +or deci&ionJ
9eld%
Ye&. Under Sec. 1= o+ %)e Smmar/ Rle# Ed(men% in %)e
criminal ca&e& &)old )a$e Aeen 'roml(a%ed no% la%er %)an *>
da/& a+%er %)e %ermina%ion o+ %)e %rial. Clearl/# %)i& dela/ i&
a%%riA%aAle %o %)e Ed(e +or 7)ic) )e &)old accordin(l/ Ae )eld
liaAle. Failre %o decide a ca&e 7i%)in %)e re;ired 'eriod i& no%
eGc&aAle and con&%i%%e& (ro&& ine?cienc/.
DI
2A44A- P)ADISIA-S
Sec. 11
1. )e.fling of dismissed case
7anares 0. 7alising
321 S2)& 3=
4arch 13, 2666
'irst Di0ision% ;apunan, 8.
'acts%
T)e 1TC di&mi&&ed 18 ca&e& o+ estafa 7i%)o% 'reEdice +or
+ailre o+ com'lainan% %o re+er %)em +or concilia%ion %o %)e 9upong
Tagapama"apa. Com'lainan% re+erred %)e ca&e& %o %)e 9upon and
7)en no &e%%lemen% 7a& ac)ie$ed# )e &o()% %o )a$e %)em
reac%i$a%ed. 1ean7)ile# %)e 1-Cda/ 'eriod %o mo$e +or
recon&idera%ion or %o a''eal %)e order o+ di&mi&&al )a& la'&ed.
Issue%
Can a ca&e 'ro$i&ionall/ di&mi&&ed nder Sec. 1D o+ %)e
Smmar/ Rle Ae reac%i$a%ed A/ a mere mo%ion %o re$i$eJ
9eld%
No. I% &)old Ae reC!led. A+%er %)e la'&e o+ %)e 1-Cda/ 'eriod#
an order Aecome& !nal and eGec%or/ and i& Ae/ond %)e 'o7er or
Eri&dic%ion o+ %)e cor% 7)ic) rendered i% %o +r%)er amend or
re$oIe. A !nal Ed(men% or order canno% Ae modi!ed in an/
re&'ec%# e$en i+ %)e modi!ca%ion &o()% i& +or %)e 'r'o&e o+
correc%in( an erroneo& concl&ion A/ %)e cor% 7)ic) rendered
%)e &ame. A+%er %)e order o+ di&mi&&al o+ a ca&e 7i%)o% 'reEdice
)a& Aecome !nal# and %)ere+ore Aecome& o%&ide %)e cor%P&
'o7er %o amend and modi+/# a 'ar%/ 7i&)e& %o rein&%a%e %)e ca&e
)a& no o%)er remed/ A% %o !le a ne7 com'lain%. E$en a&&min(
%)e di&mi&&al %o Ae 7i%)o% 'reEdice# %)e ca&e cold no lon(er Ae
rein&%a%ed or re$i$ed A/ mere mo%ion in %)e ori(inal docIe%ed
ac%ion.
Sec. 15
Prohiited Documents, 4otions, or Pleadings under the
Summar! )ule
1. 4otion to dismiss the complaint or to ?uash the
complaint or information e*cept on the ground of%
1. lacI o+ Eri&dic%ion o$er %)e &AEec% ma%%er# or
". +ailre %o re+er %o %)e L'on +or concilia%ion 7)en re;ired
2. 4otion for a ill of particularsM
3. 4otion for%
1. ne7 %rial# or
". recon&idera%ion o+ a Ed(men%# or
*. reo'enin( o+ %rial9
#. Petition for relief from "udgmentM
3. 4otion for e*tension of time to fle pleadings, a$da0its
or an! other paperM
=. 4emorandaM
:. Petition for certiorari# $anda$us# or pro%i&ition against
an! interlocutor! order issued ! the courtM
1. 4otion to declare defendant in defaultM
5. Dilator! motions for postponementM
16. )epl!M
11. <hird.part! complaintsM
12. Inter0entions
+ule 1&' simply says that the procedure to be observed in the M12,
M122 and M212 shall be the same as in the +12. So, all the rules that
we too8 up applies to both courts 5P25!1:
1.)where a particular provision applies only to either of said courts3
and
&.)in criminal cases governed by the +evised +ules on Summary
!rocedure.
7n the first e@ception, there are certain provisions that are applicable
only to the +12. 5@ample is the provision on bail how to apply for
bail. 7f you are denied bail, and you are charged with a capital offense,
there will be a hearing to determine whether the evidence of guilt is
strong or not. Dindi man yan mag=apply sa M12 ba because the crime
carries the penalty of death which is e@clusive only for the +12.
1he second e@ception is, you do not apply the regular rules if the case
is governed by the +evised +ules on Summary !rocedure. *nd that is
what we are going to review now.
F: Jhat criminal cases should be tried based on the +evised +ules on
Summary +ulesO
*: 1he following:
1.);iolations of traffic laws, rules and regulations3
&.);iolations of the rental law3
'.);iolations of municipal or city ordinances3 and
#.)*ll other criminal cases where the penalty prescribed by law for
the offense charged does not e@ceed si@ /) months
imprisonment or a fine of one thousand pesos !1,(((.(() or
both, irrespective of other imposable penalties, accessory or
otherwise, or of the civil liability arising therefrom3
0.)however, that in offenses involving damage to property through
criminal negligence, said +ule shall govern where the imposable
fine does not e@ceed ten thousand pesos !1(,(((.((). So, if it is
above !1(,((( it is still M12 but you follow the regular rules.
F: Jhat happens if there are & cases which are interrelated or the
charges are interrelated for they arose from the same incidentO ,i8e for
e@ample: "ne case is penaliBed by fine and another is penaliBed by #
years imprisonment. "nce crime is covered by Summary +ules, the
other is covered by the regular rule. 2an they be mi@edO
*: Jhere there is a joint trial of two criminal cases, one under the
summary rules and the other one is under the regular rules, we follow
the regular rules. Cnder the last paragraph of Section of the Summary
+ules, :1hese rules shall not apply to a criminal case where the offense
charged is necessarily related to another criminal case subject to another
procedure.9
"ne of the important principles to remember here is the case of
Maldivia and +eodica on when is the running of period of prescription
for a crime deemed interrupted. 1he ruling in M*,<7;7* vs. +5I5S
&11 S2+* &44) created the impression that as a general rule, the filing
of the case in the prosecutorLs office is sufficient to interrupt the running
of the prescriptive period e@cept when the case is covered by the +ules
on Summary !rocedure. 7f it is any crime, you file it in the fiscalLs
office, the running of the prescriptive period is interrupted. -ut if it is
covered by the Summary +ules, the period continues. 7t must be the
filing of the case in court which will interrupt. 1hat is the ruling in
Maldivia.
1hat impression in Maldivia was clarified in the 1$$. case of
+5"<72* vs. 2* &$& S2+* .4) where the S2 said that even if the
case is covered by the Summary +ules for as long as it is a felony under
the +!2, the filing in the fiscalLs office is sufficient to interrupt the
running of the prescriptive period.
-ut according to Maldivia, if it is covered by the Summary rules, the
filing in the fiscalLs office will not interrupt. -ut according to the S2 in
the case of +eodica, ?"V because Maldivia involves a violation of
municipal or city ordinance. 1herefore, if it is a violation of an
ordinance, the filing in the fiscalLs office does not interrupt the running
of the prescriptive period because the law on prescription for crimes
punishable by a special law is governed not by the +!2, but by *ct ''&/
which is very clear that it is the filing in court which will interrupt the
prescriptive period for crimes punishable by special laws. !ero 8apag
felony, we will still apply the general rule that the filing in the fiscalLs
office is sufficient to interrupt even if such felony is covered by the
Summary +ules.
?ow, letLs go to the provisions of the Summary +ules concerning
criminal cases.
S52. 11. Dow commenced. 1he filing of criminal cases
falling within the scope of this +ule shall be either by
complaint or information. !rovided, however, that in
Metropolitan Manila and in chartered cities, such cases shall
be commenced only by information, e@cept when the offense
cannot be prosecuted de oficio.
1he complaint or information shall be accompanied by the
affidavits of the complainant and of his witnesses in such
number of copies as there are accused plus two &) copies for
the courtLs files. 7f this reAuirement is not complied with
within five 0) days from date of filing, the cases may be
dismissed.
F: Dow is a case covered by the Summary +ules commencedO
*: *ffidavit is included, affidavit of complainant, his witnesses shall
be included and then the court may dismiss the case outright under
Section 1& GaH and GbH, otherwise if there is a case, the accused will be
sent a copy of the affidavit and then he is given 1( days to submit also
his own affidavit.
1hen there will be an arraignment under Section 1'3 !reliminary
conference under Section 1#. *nd Section 10 is important during the
trial, there is ?" <7+521 5P*M7?*17"?. 1he affidavit already
serves as your direct testimony. So puro cross=e@amination na lang.
<iretsoV So, it is shortened NnoO +ather than as8ing the witness one by
one to tell the story in the affidavit, yang affidavit na mismo. 1hat will
serve as the direct testimony. 78o=cross=e@amine na lang.
-ut there is an important rule here a witness who has not submitted
any affidavit cannot testify. So in order to Aualify as a witness, you must
have submitted an affidavit beforehand. 1he 5P25!17"? is the &nd
paragraph of Section 10 e@cept when the witness is a rebuttal witness
or a surrebuttal witness. 1his is because how can you submit a rebuttal
affidavit aheadO Iou do not even 8now what to rebut. *?"1D5+
5P25!17"? is cited by the S2 in the case of
-*,*I"?, >+. vs. "2*M!"
&1. S2+* 1'
?"15: ?ormally, in physical injuries cases, the medical
doctor is reAuired to testify.
E*21S: 7n this case, the doctor was subpoenaed to testify
and the defense objected because they said that the doctor has
no affidavit and under the rules, no person may testify without
submitting an affidavit.
D5,<: Jhen the doctor is called upon to testify based on the
medical certificate, the rule as to the prior submission of
affidavit does not apply. 1his also applies to the +egister of
<eeds or the !rovincial *ssessors in connection with official
documents issued by their office.
?ow, if you have a surprise witness and you want to introduce him
because his testimony is very important, the remedy is to file a motion to
present additional evidence. 1he last paragraph of Section 10 gives you
the authority to manifest during the preliminary conference that you are
presenting other witnesses, and you are now submitting their affidavits
in order that you will not be barred from presenting them.
S52. 1/. *rrest of accused. 1he court shall not order the
arrest of the accused e@cept for failure to appear whenever
reAuired. +elease of the person arrested shall either be on bail or
on recogniBance by responsible citiBen acceptable to the court.
Section 1/ is also important. *s a rule, there is no warrant of arrest if
you are tried under the Summary +ules. Iou are just notified about the
case. Dowever, if you are notified about the case and you will not
appear, that is the time when you will be arrested because of :e@cept for
failure to appear whenever reAuired9 in which case you must post bail if
you are under arrest or on recogniBance by a responsible citiBen
acceptable to the court. 1his is one of the cases where recogniBance is
allowed. -ut for as long as you appear in court, there is no warrant to be
issued.
F: ?ow, what are the !+"D7-715< documents, motions, or
pleadings under the Summary +ulesO
*: 1he following Cnder Section 1$):
1.)Motion to Auash e@cept when your ground is
a.)lac8 of jurisdiction over the subject matter3 or
b.)failure to comply with the -arangay 2onciliation3
&.)Motion for bill of particulars3
'.) Motion for new trial, or for reconsideration of a judgment, or
for reopening of trial3 your remedy here is appeal3
#.)!etition for relief from judgement3
0.)Motion for e@tension of time to file an affidavit3
/.)Memoranda3
4.) !etition for certiorari, mandamus, or prohibition against any
interlocutory orders issued by the court3
..)Motion to declare the defendant in default3
$.)<ilatory motions postponements3
1(.) +eply3
11.) 1hird=party complaints3
1&.) 7nterventions3
5?<
SOURCES(
2iminal !rocedure, * ,awyerLs 2ompanion, &((/ ed. SuareB and dela
-anda3
?otes on 2riminal !rocedure, <ean Dildegardo E. 7nigo3
+ules on 2riminal !rocedure &((4 ed., Derrera3
Dandboo8 on 2riminal !rocedure &((. ed., 1an
=o"o=