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CRIMINAL PROCEDURE
DAY 1 20 JAN 2011
Definitions:
Criminal Law -
Criminal Action -
Criminal Procedure -
Jurisdiction in Criminal Cases
What are the elements?
a. J over the subject matter on the nature of the offense in certain cases, this is really a crucial role.
e.g. violation on RA 3019 its in the SB (the nature if the offense determines jurisdiction
b. territorial jurisdiction
c. complaint initiated by the offended party
e.g. private offenses
d. Juridiction over the accused

How do you determine the territorial jurisdiction of the court?
- Geographical area over which the court can exercise the jurisdiction
- Exceptions:
1. Transfer of venue to avoid miscarriage
2. When the law provides that it be tried in a particular place
3. R110, sec. 15 (b and c) offenses committed in the course of a train etc (not a continuing crime); on
board of the vessel, outside the Philippines but punishable under article 2
How do you determine the jurisdiction over the subject matter is determined?
- In the complaint or in the information
What law will determine whether the court has jurisdiction?
- At the time institution of the crime
When will be the time of commission of the offense important?
- Prescription of the offenses (not of the penalty)
How does the court acquire jurisdiction over the person of the accused?
- Two ways:
a. Arrested
b. Voluntary surrenders/arrested (Tullao v. Miranda)
When can he avail of the remedy?
- If he questions the validity of the arrest, you cannot put him in jail!
Which of the following affects the jurisdiction of the court?
- Accessory penalty does not affect
- Subsidiary imprisonment does not affect because it is not a principal penalty, the rule is that J is
determined on the PENALTY IMPOSABLE (not the one actually imposed)
- Additional penalties does not affect
- Habitual delinquency should be taken into account because you have to allege this in the information
How do you determine jurisdiction with regard to complex crime?
- Determine by the more serious penalty for the more serious offenseforming part of the complex crime
What if the offense is destierro?
- MTC because lower than arresto mayor
Take note of the jurisdiction of the courts
- Those that already fall within the first level courts (VAWC, etc)
- Memorize J of SB (because there are case that fall within RTC)
What about civil liability, will it affect the jurisdiction of the court?
- No! Irrespective of the liability
- Example: Reckless imprudence resulting to damage to property amount will not matter
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- Damage to property through criminal negligence, MTC has exclusive original jurisdiction
How are criminal actions instituted?
- When preliminary investigation is required, file with the Office of the Prosecutor. P.I. is required when the
penalty imposable is at least 4 years 2 months 1 day regardless of the fine.
- In Metro Manila and other chartered cites, file with Prosecutor, but P.I. will not be conducted.
- Institution suspends the running of prescriptive period.
o Prescriptive period begins from commission.
o If the time of commission is unknown, when do you reckon the period of prescription? UPON
DISCOVERY of the offense. Either through the filing with prosecutor or court

What is a complaint?
- May have two meanings. The one filed in the Office of the Prosecutor. The Affidavit-Complaint.
- It may also be the complaint filed in the court in private offenses. The filing of the information is a mere
superfluity since it is not required.

What is an information?
In whose name would be the prosecution be?
- In the name of the people. Not in the name of the Republic (occurs in civil cases, forfeiture proceedings)
Since it is a breach of the order and security of the state.

Against who?
- All persons who appears to be responsible

Who determines who should be prosecuted?
- The prosecutor. Rule 112, sec 2. Who may conduct P.I.?
- This is even if no P.I. is required.
- Other officers includes, Ombudsman, COMELEC, depending on the law violated

A, B, C, D, are charged for a crime. After P.I. the finding of the prosecutor is that all are equally liable.
HOWEVER, the fiscal decided to charge only A, B, C. Is this proper?
- No, he must file information against all those who appear to be liable. He already lost discretion since he has
already determined who appears to be liable in the P.I.
- Could he say that D was not charged because he will be made a state witness? No, because Rule 119.
Discharge of the accused to be a state witness.
- What is the remedy of A,B, and C for the wrongful exclusion of D? File for mandamus.
- If they do not object, is the testimony of D admissible against the accused? YES, because the choice of the
witnesses is with the prosecutor and not with the accused.
o Example, Estrada was charged with Plunder. Chavit Singson (a co-conspirator) was one of the
witnesses of the State. Admitted by the court

Can a criminal case be commenced against a corporation?
- NO, as a general rule. HOWEVER, under special laws (like violation of SEC Rules), they can be made to pay
fine which in effect is a criminal penalty.
- TAKE NOTE: Violation of B.P. 22, the extent of liability of corporations for crimes committed by their officers.

Criminal complaint unsigned by the complainant?
- This is only a matter of form, not jurisdictional.
- How about if it is not under oath? No, not prejudicial to the rights of the accused and a mere defect in
form.

Right to file a criminal complaint? Is it transmitted to the heirs?
- No. Since the right is personal to the offended party.

Who may commence criminal actions?
- Prosecutor
- In case of private offense, the offended party
- Peace officer
- Public officer charged with the enforcement of the law

Who must prosecute?
- Under the full control and supervision of a public prosecutor. HOWEVER, if in case of (1) heavy workload or
(2) when there is no public prosecutor in the area, private prosecutor may be allowed to prosecute.
- Must be authorized in writing by the Chief of the Prosecution Office The city prosecutor with respect to the
city. The provincial prosecutor with respect to the province. The Regional State prosecutor. THIS IS NOT THE
CHIEF STATE PROSEC.
- In adultery and Concubinage, at the instance of the offended party. REMEMBER: NOT BIGAMY
- Ratio: Offended might choose to suffer in silence than suffer the outrage of a public trial
o EXCEPT: (1) Pardon. After the act
o (2) Consent
- Distinguish pardon in Adultery and Concubinage and in Acts of Lasciviousness
o In Adultery, pardon may be express or implied
o In Seduction, Abduction, Acts of Last Viciousness, it must only be express.
- Supposing at the time of the commission, the victim is minor. At the time of institution, she is already of
age. Who should file?
o The offended party only
o Except, if the minor is incapacitated.
- If minor fails to file, who may file
o Father
o Mother
o Grandparents
o Guardian
Legal
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Ad litem
Judicial
Interpreted as one who is judicially appointed. If it is filed by a person who claims to be
a guardian, the burden is on the accused to prove that the same
- What if filed by the prosecutor without the complaint of the offended party. Dismiss. The complaint is
jurisdictional
- What if filed by prosec at the instance of the offended party? No, there must still be a complaint
- What if the private offense is complexed with public offenses? Public prosecutor may file it.
- Sabi ng offended, Rape by force. Sabi ng prosec, Rape by deprivation of reason. Daniel Smith case.
Acquitted in the CA Evidence is Rape by threat and intimidation but Information alleges Rape through
deprivation of reason
- Complaint is Rape. BUT prosec filed Forcible Abduction. Is this valid? No, because Rape is different from
Abduction.
- Accused said, Puta ka. Kabit ka ni X Last sentence cannot be prosecuted without complaint (defamation
relating to adultery and concubinage). But first sentence is just ordinary defamation and may be prosecuted
without complaint.

When is information sufficient?

- Name of the accused
- Designation of the offense
- Acts or omission constituting the offense charge
- Name of offended party
- Time
- Place

Defect in the name of the accused?
- Not fatal. For purposes of the name, any defect is only a matter of form. What is material is the identity of
the accused. The name may be amended any time.

Defect in the designation?
- Not jurisdictional. Not controlling. What is controlling is the allegation of acts and omissions (recital of facts).
- EXCEPTION: Case of trespass to dwelling was filed. BUT attempted rape is alleged in the acts or omissions.
SC said he could not be convicted of attempted rape.

What should be included with respect to cause of accusation?

- Qualifying or aggravating circumstances. What about Alternative circumstances? YES
- Must you say specifically qualified by?
- In rape of minors. State relationship with rapist. Otherwise, they will not be considered by the court even if
proven at the trial
- Must intent to kill be alleged specifically? No. It is sufficient that from the allegations, intent to kill is
obvious.
- How about animus lucrandi (gain)? No
- How about conspiracy? Depends. If the conspiracy itself is a crime, it must be specified. But if only a manner
of commission, no need.
- What about habitual delinquency? It must be alleged specifically
o Commission of the crimes
o Last conviction and relase
o Previous convictions and release
- How about in libel?
o Single out libelous statement and quote it in the information. YOU CANNOT HAVE A SUMMARY

What is a local offense?
- Sec. 15 Rule 110. Is one fully consummated in one place

What is a continuing offense?
- Its essential ingredients took place in different places.
- Those committed in the course of a trip or voyage
- BP 22. Where dishonored? Where presented? Where issued
- Rebellion
- Libel?
- Abduction
- Brigandage, Kidnapping

Committed outside but prosecuted in the Phil
- Sec 58 of Human Security Act
- Sec 2, RPC
- Piracy

Where place is an element
- Gun Ban Law
- Robbery of uninhabited house
- Trespass to dwelling
- Maintaining a drug den

When time is an element
- Infanticide
- Abortion
- Bigamy
- Election laws
- Physical injuries. Time of confinement


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Name of offended party
- CASE: Amendment of name after prosecution had rested its case allowed. Since it is a mere formal defect.
- In People v. Cabalquinto? You do not include the name of the offended party in the decision in case of
VAWC. People v. AAA.

Duplicitous information (Multifarious)
- Charges more than one offense
- Remedy: Motion to Quash. Otherwise, waived
- Exceptions
o Complex Crimes
o Compound(delito compuesto). One crime necessary means to commit another. Ex. Malversation
through falsification of public document
o Special Complex crimes. Rape with homicide, Robbery with Homicide
- How to allege? Allege all offenses constituting the complex crime. If the prosecutor might not be able to
prove all, accused may be convicted on a single offense alleged.
- What if the crime is a manner of commission of another crime? Charge only one offense. Arson was
committed through trespass to dwelling.
- Continuing crimes. Delito Continuado. Though there are several acts, accused is motivated by single
criminal impulse/intent. Santiago v. Gartichorena. Miriam was BID Comm. who issued legalization
certificates to several persons. This is delito continuado. Only one information is necessary.
- Single Larceny Rule. Theft of different things belonging to different persons, only one theft is committed.
Ex. Stealing 13 cows belonging to different owners, collection of fees from several bidders.
- Estafa committed in different instances no single purpose
- Illegal possession of firearms used in killing the victim. This is considered s special aggravating
circumstance
- Caught with 6 different firearms? Only one information since only one violation
- Reckless imprudence cases. Reckless driving and the car was damaged and physical injuries caused. Two
information since they cannot be complexed. Both light offenses. Exclusive jurisdiction in MTC regardless of
the amount. MOVE FOR CONSOLIDATION since they have common evidence.
- What if one crime is cognizable by MTC and the other one by the RTC. File in the court with greater
jurisdiction.

Amendment or Substitution

- Amendment
- Before plea, information may be amended for formal and substantial defects.
o BEFORE PLEA, Leave of Court necessary when there is (1) downgrading of offense, or to (2)
drop an accused from the information. PROCEDURE
Motion
Notice and hearing. Since this is litigated motion
Approval of the court
Court must state the reasons for the decision.
Copies furnished to parties

- After plea, only formal amendment. Except: Doctrine of supervening events.

- Test to determine if the amendment is as to form or substance. If it will affect the substantial rights
of the accused such that there is a change in the defense to be put up by the accused.
- Remember: Arraignment is always a cut off point.

- Distinguish with Substitution of Complaint or Information.

- Information filed does
not charge the proper
offense.
- Time: at any time
before judgment.
- Court shall dismiss
original complaint, and
ordering the
prosecution to refile
the proper offense.
- This is at the instance
of the judge. As
opposed to
amendment which
must be at the
instance of the
prosecutor
- Accused must be
arraigned on the
substituted
information

- Instance of the
prosecutor
- Arraignment not
needed if only formal
amendment

- Witnesses posting of bail? Required if it is perceived that the witness would not appear at the trial of the
case under the substituted information.

What are the rights of the offended party? Rule 110 sec 16
- Take part in the prosecution. Right to intervene
- Recover civil liability
- Appeal unless double jeopardy. Rule 122 sec. 1
o Appeal is only to the civil aspect
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o This is true in cases where there was demurrer to evidence. Judgment is already upon the merits

- Limitations to the Right to intervene of offended party. Rule 111
1. Waiver of civil liability
2. Reservation to file separate civil action except independent civil action.
3. Prior institution
4. When no civil liability attaches to the offense. Ex: Victimless crime
Vagrancy
Prostitution

Rules on prosecution of civil actions

- Implied institution of civil action in the criminal action
- Exceptions:
1. Waiver
2. Reservation to institute separate action
Made before prosecution starts presenting evidence giving the offended party
reasonable opportunity to make reservation.
Why before presentation of evidence? To prevent the offended party from speculating
on the outcome of the case. This is unfair.
Who may reserve? Offended party only
Art. 103, 104 of RPC. Innkeepers, tavernkeepers. Subsidiary liability for offenses
committed by their employees.
3. Prior institution
- Doctrine of Primacy of Criminal Actions. When there is a criminal action, suspend civil action already
pending. If there is reservation, civil action may not be instituted until the termination of the criminal action
- What is included in the civil liability? Reparation, restitution, indemnity. Reparation and restitution are
applicable only in crimes against property
- Rule on DOCKET FEES?
1. Even if not alleged in the information, damages may be claimed.
2. Actual damages
No docket fees.
3. Other damages
If it is specified, it shall be the basis for assessing docket fees.
If not specified, and awarded by the court, that will be a first lien on the judgment.
- Automatic institution of the civil aspect. No reservation of the civil action
1. Bouncing Checks Law
No separate civil action may be reserved. Automatically included
Amount of the check basis of the
2. Cases cognizable by the Sandiganbayan

- No counterclaim, crossclaim, third party complaint in criminal actions. Instead, file a separate
action against party responsible.
- INDEPENDENT CIVIL ACTION. May proceed even without reservation
- PREJUDICIAL QUESTIONS.
- CONSOLIDATION. Take note of Rule 119 which is consolidation of different criminal cases.

When is there civil liability even if there is acquittal?
1. Acquittal based on reasonable doubt
2. Court declares that liability is merely civil in nature
3.
4. When the civil action is not deemed instituted with the criminal action reserved?
5. Extinction of the penal action does not carry with it the extinction of the civil action. Rule 120 sec 2

Independent Civil Actions
- Art 32, CC. Violation of constitutional rights of a person. Reason for Independent civil actions: Additional
protection for the individual. You need not file a criminal action to protect your rights. Because of the
immense power of public officers plus the people to whom you complain are agents of the state,...
- Art. 33 defamation, fraud,physical injuries
1. Used in the generic sense. Not as it is defined in the RPC
2. Pyhsical injury covers homicide, murder
3. Does physical injury cover quasi delicts? Like Reckless imprudence resulting to Death? Latest rule
is not covered.
- Art. 34
- 2176. Read 2177, liability is independent from the penal code.

Who is an offended party? Any person against whose person or property a crime is committed. NOT restrictive
definition. Like a wife of a person who is killed is considered as an offended party. The wife is considered an
offended party because whe is a victim. She is deprived of

Effect of Death on Civil Action

- After arraignment DURING TRIAL civil liability arisng from the offense is extinguished. If you have other
sources, it is not extinguished.
- For independent civil actions, substitution of the heirs. Rule 3 sec 16. Rule 3 sec 20 sum of money Rule 86
- Before arraignment, case dismissed. Since the court is yet to acquire jurisdiction. Without prejudice to the
filing of a civil action

Prejudicial Question. Exception to the primacy of criminal action. Rationale: Prevent conflicting decisions of the
courts. From Spanish time where civil and criminal courts are separated

- Is this limited only to courts? What if one action is pending before administrative body? CASE: Courts would
have discretion to determine whether the admin case is prejudicial
- When
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1. Prosec if case is under P.I.
2. Court if the case has already been filed Suspension of arraignment
3. NOTE: if denied in PI, it may agin be invoked in the court
- Elements
1. Previously filed civil action
Question: There is civil action for claim of money. Adverse party gave false testimony.
Criminal action was filed. IS there prejudicial question? NO.

PRELIMINARY INVESTIGATION
- Preliminary inquiry to determine
- What is the nature? Only statutory
- Characteristics
1. Personal. Waiver only by the person under P.I.
2. Inquisitorial It may proceed ex parte. Presence of respondent is not necessary
3. Part of Due Process
4. Not adversarial since it is not part of the trial.
5. Summary in nature
6. Statutory
7. Double jeopardy does not attach
- Effect of No P.I. None. Not ground for motion to quash.
1. Suspend trial and order P.I.by the court
- Time: at or before arraignment. Otherwise waived
- Can it be raised on appeal? No. It is already waived at that point
- Shall he be released for lack of PI? NO
1. Exceptions Arrest is also invalid. Rolito Go case
- There must be certification in the Information that PI was conducted. LACK of this certification does not
invalidate information.
- Amendment/ Substitution PI must be conducted again:
1. Substantial amendment
2. Substitution
- When is PI not required?
1. Inquest cases. When lawfully arrested without a warrant
Except: Waiver of art. 125 of RPC.
2. Less than 4 years 2 months 1 day
- From time he learns filing. 5 days from filinf (mandatory) to ask for PI
- REINVESTIGATION. Once filed in Court, it gains absolute control over the case
1. Can offended party file for reinvestigation? NO. He can only file for a petition for review with the
DOJ
2. Petition for review is also available to the accused
3. Remedy in case DOJ decision 65 to CA
4. If appeal made to the President 43 to CA
- Who can conduct PI
1. City or provincial prosec
Territorial
BUT they may be ordered by the DOJ to prosecute case outside jurisdiction
Especially when case has political color. The prosecs in the jurisdiction are patrons of the
politicians
2. National and Regional State Prosec
3. Other officers
COMELEC. For election related offenses. EVERYTHING THAT IS ELECTION RELATED EVEN
IF COMMITTED BY PUBLIC OFFICER MUST BE MADE BY COMELEC. Ex: Public officer who
is vote buying
OMBUDSMAN. Offenses cognizable by Sandiganbayan but it may fall on regular courts
(like when the SG is below 27)
o Filing must be by Ombudsman. Special prosec cannot file information It is quashable
o Actual prosecution can be with special prosecutor or deputized ordinary prosecutor
- Saying in relation to office is not sufficient. There must be specific allegations
What if info is quashed on the ground that person who filed had no authority Conduct new PI since the
findings of the previous officer is not binding
In criminal cases by ombudsman. 65 to SC
In administrative cases. 65 to CA
Forfeiture in AMLA AMLA Council
Forfeiture in 3019 Ombudsman. Before Sol gen
- PCGG can no longer conduct PI. They could not be accuser and judge at the same time. They are limited to
fact finding.

Process
1. Sworn complaint
a. Any prosecutor
b. In default, Any government official authorized to administer oaths
c. In default, Notary Public
2. Within 10 days either dismiss or issue sub poena (with copy of complaint and affidavits)
3. If he could not be sub poenad or did not file counter affidavit May be ex parte
4. Clarificatory hearing. No right to cross examine
a. NO RIGHT to counsel. BUT If he requests counsel, he must be furnished with one. Otherwise
ground for reinvestigation. This is a right to due process
5. Resolution
a. Dismissal by investigating. Reversed by the City prosec and wanted filing. Should there ba
another PI? No more. The PI process is completed up to the head of the prosecution service

Dual Role of Prosec
1. Agent of the State. See to it that innocent is freed
2.

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Criminal Action cannot be enjoined Except

Can SC determine probable cause? No as a general rule.

Probable cause to file info vs probable cause in issuing warrant

Is the finding of the prosec as to probable cause to filing binding upon the judge? No. Judge must make
independent judgment.

If DOJ sec refuses to file an action. Remedy: Civil action for damages under Art. 35, CC.

Can you compel criminal action? No. Unless there has been previous determination of probable cause.

When can court issue warrant of arrest?

Is there difference between RTC and MTC warrant? NONE

Motion for determination of probable cause. Case is already filed in court. Lacson case. Not in the rules daw.

When case is filed in court, no automatic issuance of warrant
- Find probable cause, issue warrant
- No probable cause, dismiss
- Doubting, order additional evidence to be presented within __________.

When may MTC file a warrant? Direct filing and it does not require.

When is warrant not required?
1. Summary procedure (summons must be issued)
2. Fine only (summons must be issued)
3. Commitment order

When is assistance of counsel required?

WARRANT OF ARREST
When there is PI
When filed directly with the judge
Summary Procedure

ARREST

What is arrest? Taking into

Why is it necessary?
1. To acquire jurisdiction over the person of the accused. The other way to acquire jurisdiction over the
person would be through voluntary surrender of the accused.
2. For purposes of Bail. Since you could not post bail until you are in custody of law.

When do you make voluntary surrender? When warrant of arrest has been issued.

How is it made?
1. Either through actual restraint or through deprivation of liberty of the accused or submission to the
custody of the person making the arrest.
2. No unnecessary restraint for the arrest. Rule 113 sec

Paderanga case. Warrant of arrest issued, but accused is in the hospital. BUT IBP represented that they are
submitting to the juridiction of the court equivalent to voluntary submission.

Bench Warrant. Issued to a person who is present in court. Someone does a contemptous act in court, he may be
arrested through a bench warrant.

What is required of the arresting officer? Bring to the nearest jail or detention facility (police station

Sec 4. Who executes warrant. Head of office
1. Chief of the PNP.
2. Director of NBI

Cases of warantless arrest?
1. In flagrante delicto. While committing, attempting to commit or has committed the offense in the
presence of the arresting officer.
2. Hot Pursuit. Based on probable cause that the crime had been committed by the person to be arrested.
Must have acted in good faith. Umil v. Ramos.
a. Time of arrest must have been Immediate from the time of commission
b. Kung inaresto yung pumatay nagaararo na the day after, hindi na pwede.
3. Fugitive rule. Escapee from a prison or penal establishment
a. Minor offenders, cannot be arrested nor placed in prison under the new law. Can they be
arrested (without warrant) if the escaped? No because if they are kept in DSWD, that is not
escape from a penal establishment.

When to make arrest? Any time of day or night

Time of validity: Until time of arrest is effected.

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What is an alias warrant? When original warrant is lost, destroyed or unserved. A warrant of arrest is issued
only once, the rest will be alias warrants. If original warrant is given to PNP, you want to give to NBI, ask for alias
warrant.

Sec. 7. Method of arrest. Recitation of the Miranda rights of the person arrested.
1. Inform him of the arrest. Do you have to show him the warrant of arrest? No. As long as there is already a
warrant

Sec 8. Method of arrest by officer without a warrant. Inform person of the authority to arrest. Show him the
chapa.

Sec 9. Method of arrest of private person

Sec 10. Arrestin officer may summon assistance.
Sec 11 and 12. Right to break in or break out.

Sec 13. Arrest after escape or rescue

Sec 14. Modified by RA 7438. Even fiancee of the detainee may visit.
- Take note the difference of visit by counsel and relatives. In trillanes case, relative visit may be regulated.
BUT if it is the lawyer, he must be given access anytime

BAIL

The person must be under custody

Forms

Purpose. This is an aspect of the presumption of innocence

Theory of bail. Surety becomes the jailer of the accused. That is why they can have the principal arrested though
they may not confine him.

Condition.
1. Effective upon approval, until promulgation of the RTC, unless sooner cancelled. If from MTC, appealed to
RTC, bail shall be valid until promulgation of RTC. Different when originally filed in the RTC, you must file
a new bail on appeal.
2. Instances when presence of the accused is required.
a. Arraignment
b. At the trial for purposes of indetification. Unless identity of the accused is stipulated upon
c. Promulgation
i. Light offense. Judgment may be pronounced in the presence of the counsel only
3. Failure to appear withou justifiable cause, trial in absentia may occur.
a. Absent today, on the next trial date, should there be trial in absentia? No. There must be several
notices to determine that absence is unjustified
4. Surrender the accused for execution of final judgment

Can a person out on bail, travel abroad. No, it is a usual condition of bail that he is porhibited to travel abroad.

Recent Photograph. Passport Size.Submitted for the bail bond.

Sec. 3. No release or transferred of prisoner except upon order of the court. Take note: that if a person is
convicted of capital offense, he cannot be released by sub poena unless allowed by the SC

When is bail a matter of right
1. Before or after conviction by MTC
2. Before conviction by RTC
a. Except when offense is punishable by reclusion perpetua, life imprisonement, death and evidence
of guilt is strong.

When is bail discretionary.
1. After conviction by the RTC of a non capital offense
2. Where to file:
a. Before perfected- RTC subject to review by appellate court
b. After perfection (notice of appeal)- CA
c. BUT when conviction changes nature of offense from bailable to non bailable- CA only. Example:
Accused charged of murder but convicted only of Homicide.
i. Ratio: Since when it is appealed the entire case is open for review. So CA may
determine whether the accused should be convicted as originally charged.
ii. This rule is different in civil cases where appeal only concerns itself as to the errors in
the TC.

If conviction is for offense exceeding six years, deny bail in the following circumstances. In Leviste case,
exercise discretion in favor of denial.
1. BAIL NEGATING CIRCUMSTANCES. Recidivism... etc.

What is a capital offense? Punishable by death at time of commission AND time of application of bail. Compare
with: Time to determine jurisdiction (time os institution) and prescription (time of commission or discovery if the
latter is unknown).

For purpose of bail, must he be first arraigned? NO. Serapio v. Sandiganbayan. Why? Accused would be
deprived of the right ot motion to quash since that is foregone during arraignment. Parang dahil gusto mag bail,
magpapaarraign agad so he will choose to forego motion to quash.

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How should bail hearing for capital offenses be made? It is summary. Not full blown trial. However, judge
must make factual finding as to why bail is denied or granted.

Remedy when bail is granted or denied. 65 to where? ____________. It is not an adjudication.

Who fixes amount of bail? Judge. The prosecutor only recommends.
There is difference between no bail required and non bailable offenses. No bail required means bail is not
necessary. Like in light felonies.

Coporate Surety.
Property Bond.
Remember that conditions are the same

Can the court impose additional conditions on the bail bond? No, that would amount to excessive bail.

Can Court require that bond be in cash? YES daw. Only in the instance when accused requests that cash bond
be given if the amount of the bail is reduced. WEIRD

What is a recognizance?

Who are allowed to take recognizance? Any responsible person? Members of good standing the in the
community. Perhaps the barangay chairman

Recognizance cases. Accused had served more than the minimum of the penlaty imposable without benefit of
ISLAW.

Where to file bail?
1. In the case where case is pending. Since that is the place where the records of the case are located.
2. Discretionary bail, recognizance only in court where case is pending.
3. If not yet charged in court, in any court in the province/ city where he is held. Herras v. Tehankee.

When is notice to prosecutor required

1/29/11

Sec 20. Bail may be adjusted in the course of the proceedings. Example naging flight risk.

Sec 21. Forfeiture of bail. Surety becomes the jailer of the accused. If accused fails to appears despite due
notice:
1. Warrant must be issued for the arrest of the accused.
2. Issue an order forfeiting the bail.
a. Direct the bondsman to produce the accused
b. Provide satisfactory explanation why the accused failed to appear.
i. IF not SATISFACTORY or accused was not presented CONFISCATION of the bond.
ii. No separate action needed to confiscate bail.
iii. Mitigated liability under the bond. Accused was brought to a different court

Cancellation of bail.
1. When surety asks for cancellation since he considers the accused as a flight risk already
2. Acquittal
3. Death of the accused. This terminates the proceedings
4. Execution of judgment. Service of the sentence now commences

Sec 23. Arrest of accused out on bail. Same theory: Surety is the jailer of the accused

Sec. 24. No bail when the judgment has become final and executory. EXCEPT: application for porbation is
pending.

- Benefit of Probation is lost when the accused appeals. Except: When the sole assignment of error is to
question the penalty, when it is reduced he may be allowed probation. NOTE: parang against dun kay Justice
Callejo.

Sec 25. Court Supervision of Detainees. Justice on Wheels program

Sec 26. Bail is not a bar to objection on illegal arrest, lack of or irregular P.I.
- Innovation in the rules
- The cut off point is arraignment and NOT the posting of bail

RIGHTS OF THE ACCUSED

- All are constitutionally granted rights. Except the right to appeal

Sec 1. Right of the accused at the trial. There are other rights that are present even before trial
1. To be presumed innocent. That is why there is the right to bail
a. As a general rule, accused need not present evidence since the burden is on the
prosecution. Except: Presumptions in law arising from certain facts. Like failure to account
govt money of an accountable officer gives rise to the presumption of malversation.
2. To be informed of the nature and cause of accusation
a. If the information does not comply with Rule 110 sec 6 (Sufficiency of complaint or
information) is a violation of this right
3. To be present and defend in person and counsel
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a. Duration of the right to counsel. Not limited during the trial. The right to counsel exists
before trial. Right made available by Sec. 4 of RA 7438.
b. Ratio of right to be present:Accused must be given a chance to make his defense by
hearing hte evidence of the prosecution
c. Accused may be allowed to waive his presence subject to the condition that his identity is
stipulated already. That whenever his name is mentioned he admits that it is referring to
him. Except that the court may still require his presence
d. TRIAL IN ABSENTIA. If accused had already been arraigned, and the accused escapes
from the jurisdiction of the accused there may be trial in his absence. This is a waiver of :
i. Right to confront witness
ii. Right to present evidence
iii. These rights may be regained upon reappearance
e. Accused allowed to defend himself. Provided cort is satisfied that he cand efend
himself
4. Right to testify in his own behalf. The moment the accused testifies he may be cross examined on
all matters stated or connected with the testimony on direct (English Rule daw)
5. Right against self incrimination. Covers only testimonial compulsion
a. DNA evidence not covered by this right.
b. Production of pyhsical evidence not covered.
c. When the act required of the accused is not merely mechanical, it is covered.
d. People v. Maqueda case. Right to counsel exists at the critical pre trial stage. Example.
Complaint was already filed in court. He was investigated by police wherein he made
admissions. He should have the right ot counsel at that time.
6. Right to confrontation (cross examine). Concomitant right of the right ot be present. It is a means
by which the accused may impeach the credibility of the witnesses against him.
a. Rule 130, sec 47. Testimony or deposition at a former proceeding. Onl available when
witness is
i. Dead
ii. Unable to testify
7. Right to compulsory processes. Connect with Rule 21. Sub poena
a. There is a conflict aas to whether the viatory right exists in criminal trials. Rule is that it is
not available. Justice disagrees
8. Right to speedy, impartial, public trial.
a. Speedy. No specific time frame. Depends on the circumstances. In one case SC said that 6
years of delay in PI is in violation of the right to sppedy trial.
b. Criminal actions against tourist must be conducted within 48 hours.
c. Dangerous drugs law Check daw as to time when prosecution, PI should take place.
d. Impartial. Can judge cross examine accused? YES, but it should be limited to clarifying
certain matters. In one case, 80% of the questions came from judge.
e. Public. Judge must conduct the trial in regular court rooms. Can it be in chambers? YES,
as long as the parties agree and no the public is excluded.
i. Ratio: So that the public could see that the action against accused is proceeded
accordingly.
ii. IN VAWC: public may be excluded.
9. Right to appeal

NOTE: The rights of the accused are deemed waived if not invoked. Except: Right to counsel at the time of
arraignment.

ARRAIGNMENT AND PLEA

Start daw with Sec. 6. Before arraignment. Court shall do its four fold duty
1. Inform him of right to counsel
2. Ask if he desires one
3. Give reasonable time to procure counsel of choice
4. If none, counsel de officio. JG: If he is delaying proceedings saying that he needs time to procure counsel,
assign counsel de officio.

Sec. 1 Arraignment made in the court where the case is
pending.

(a)
- Who effects arraignment: Judge or clerk of court
- It must be read in a language known to the accused
- Ask him whether he pleads guilty of not guilty
- The last sentence had been modified by the rules on pre trial. No evidence shall be allowed unless identified
and marked in the pre trial.

(b)
- Plea of guilty must be unconditional. If not, plea of guilty will be entered for the accused
- Presumption that arraignment was conducted regularly. Burden is one the accused to prove that no arraignment
was made. Effect of a lack of arraignment: ___________________. I just heard that it is a correctible wrong.

(f) Offended party is required to be present for purposes of plea bargaining. Consent of the offended party is
necessary.

If offended party was already notified and does not show, consent of the prosecutor would be sufficient.

(g) Arraignment within 30 days from date court acquires jurisdiction

Exclude the time during which motion for bill of particulars, motion...

Sec. 2. Plea of guilty to a lesser offense which is necessarily included in the crime charged. This is the concept
of cognate offenses. They are in the same title of the RPC.
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Ratio: before charged of rape after plea bargaining it becomes theft

Cut off point: Plea baragianing allowed only before the prosecution starts presenting evidence.

EXCEPT: People v. Villarama. During the trial the evidence of the prosecution could not prove beyond reasonable
doubt as to the offense charged. Prosecution must be allowed to enter into plea bargaining.

Sec. 3. Plea of guilty to a capital offense. Court must not perfunctorily ask basic questions only. He must be extra
solicitous to determine voluntariness and understanding of the consequences of the plea.

Sabi ni sir: ask educational attainment, etc...to determine if he understands the plea of guilty

Mandatory hearing. Prosec must present evidence to determine the degree of culpability. If all accused pleaded
guilty, one of them might only be an accessory in the offense.

Sec 4. Pleaf of guilty to non capital offense. Plea must be absolute and not conditional.

Hearing is discretionary.

Sec. 5 Improvident plea of guilty. Plea of guilty without full understanding of his action. It may be withdrawn
at any time before judgment.

Sec. 7 Appointment of counsel de officio. Counsel must be competent and independent.

In localities when such member of the bar is not present. Any person with good repute and probity.

Sec. 8 Reasonable time for counsel de officio to confer with accused

Sec 9 Bill of particulars. Same as in civ pro. Done before arraignment

Sec 10 Production and inspection of material evidence and documents. Documents in advance of trial. Like
a mode of discovery it must not be privileged

Sec 11. Suspension of arraignment
1. Unsound mental condition. Send to mental then get a certification that he is of unsound mind.
2. Prejudicial question
3. Petition for review in the DOJ. Suspension should not be more than sixty days. After 60 days proccedings
may continue. If appealed to CA, there must be TRO, otherwise proceedings continue



1/31/11- c/o Caroline Tan

Rule 117
Motion to Quash
What is its equivalent in civil cases?
- Rule 16, Motion to dismiss
This is different on the provisions on Demurrer on Trial
This is file at anytime the accused enters his plea
Grounds:
a. Facts do not constitute an offense
- The test to determine is that of Rule 110, the test of sufficiency of complaint of information
b. The court does not have J over the offense charged
- Because the crime if committed outside the jurisdiction of the court
- We speak of two things:
i. No J over the offense [substantive]
ii. Lack of territorial J
- Do not forget that in private offenses, there is a jurisdictional defect if it is not initiated by the offended
party. Absent this requirement will warrant the dismissal of the case
c. No J over the person of the accused
d. Officer does not have the authority to do so
- Rule 112, section 2 essentially these are the very persons authorized to conduct P.I.
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- If this is not filed by the person authorized, a SUBSTANTIAL DEFECT, then the complaint or information
should be quashed. A new P.I. should also be conducted. This cannot be remedied by simply curing the
defect. This is because the findings may be different
What is this immunity from suit? Can you invoke this for the purpose of quashing the information?
- A P.I may be conducted but you cannot prosecute them during the immunity.
e. Information does not conform to the prescribed form
What is the prescribed form?
- Example: the name of the accused or the offended party formal defects
f. More than one offense is charged
- Violation on the rule on duplicity
- Take note of the requirement for purposes of complex crime
- This may affect the J of the court because one offense may be cognizable by the RTC and the other is
cognizable by the first level courts
g. Criminal liability has been extinguished
- Article 89 of RPC: how criminal liability is extinguished:
o Death
o Service of the sentence
o Amnesty
o Absolute pardon
o Prescription of the offense
o Prescription of the penalty
- Amnesty political offense, concurrence by Congress, total obliteration of the offense, the accused must
apply and accept the amnesty, may be taken judicial notice of, granted before or after conviction
- Pardon common offense, no judicial notice must be proven as a fact, only after conviction if on appeal,
it may not be granted until decision

PRESCRIPTION
- 2 DISTINCT TYPES IN CRIMINAL CASES
1. Crime/Offense
2. Penalty Article 92 [RPC]
- RA 3326; Romualdez v. Marcelo (rule in RPC should also be applicable in Special Law the prescription will
not run if he is outside of the country) MR: yes prescription can run even if the accused is outside the
Philippines. They made a very distinction on P of offense and P of crime.
For the purposes of reckoning, distinction must be made if the offense is known time it was committed. If not
known, then the prescription should begin at the time of knowledge of the offense.
The concept of constructive notice is applicable here in criminal offenses
Is there such thing as res judicata in criminal cases?
- Counterpart is double jeopardy
h. Contains averments which if true would constitute a legal excuse or justification
- We are referring to Article 11 and 12 of the RPC
What is the crime is continuing? When is the reckoning date?
- The period of prescription would also be last date of the (last?) act
i. Terminated without his express consent...
- This is the rule on double jeopardy
- New rule: you should be convicted or acquitted of the same offense or the case against you is dismissed
without your express consent. Now there is no need that there is a prior conviction or acquittal
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- What are the instances where it is not a dismissal or acquittal but double jeopardy may be invoked as it
amounts to acquittal without judgment?
a. Violation of the rights of the accused
b. Withdrawal by the prosecution after arraignment, case vs against him is dismissed without his express
consent, valid information, after plea and arraignment
Two concepts of jeopardy:
a. Prosecution for the same offense
- This is the one referred in the Rules of Court
- Take note on the requisite of the DJ, you must meet the following:
Must cover offense (included or necessarily included, attempted or frustrated), that the first jeopardy has already
attached ...
b. Prosecution for the same act
What are the requirements of a Motion to Quash:
a. In writing
b. Signed by the accused and his counsel
c. Factual and legal grounds
Can the court entertain a Motion to Quash on a ground not specifically relied upon in the motion?
- Yes, but only in one ground, when the court has no J over the offense charged

Section 4
- This is different from Rule 110, section 14 which is amendment by substitution
- If the grounds on Motion to Quash can be curable, then the court may order its amendment. Example, letter
(e) of the ground, that the information is not in a prescribed form so the court MAY DIRECT the
amendment. The court however must fix the period. During the time he is in detention, should the accused
be released? No, he must continue detention., however despite the order amendment was not made, then
the accused shall be discharge from detention
Section 5
- Again depending on the ground invoked on the Motion to Quash
- Exception where the court has not obtained J is when to decide a motion to quash??
What is your remedy if your Motion to Q is denied?
- Plea and proceed to trial. Except when the very issue is J over the offense, you can file petition for review.
When the decision is very patent.
Section 7
When must you raise the defense of DJ?
- At the trial level, first opportunity, unless when there is already a trial and it is found out from the evidence
that DJ exist, so the court should dismiss it
Exceptions where you cannot invoke DJ:
a. Supervening event graver offense supervened this is a matter of time determination
b. Facts constituting graver charge became known or were discovered only after a plea was entered
c. When the plea of guilty to the lesser offense is without the consent of the prosecutor and the offended party
Suppose the court said that it has no J, then later on it was found out that the court has J:
- If it is on the motion of the accused, then no DJ. If it is on the initiative of the court, then DJ will already
attach
In quasi-offenses and negligence, what is the rule on double jeopardy?
- The very essence of the crime is reckless imprudence so if you were already punished for the resulting
homicide, then you can no longer be prosecuted with damage to property based on same negligence
State witness? effect is acquittal but it is not a judgment of acquittal
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Section 8 provisional dismissal (lacson v. Executive secretary)
- Justice Brion: interpreting section 8 illegal possession of firearms vis-a-vis homicide
What is the nature of this provisional dismissal as distinguished from the GR that dismissal should be without the
express consent of the accused:
- Since this dismissal is with the consent of the accused..
Does the provision in this section supersede the provision on the RPC on prescription of penalty? No.
If it is provisional, meaning it can be revived, it does not end. But of course this must be within the period. If
beyond the period, then this is with prejudice to the prosecution of the offense by the State. To revive, you
simply file a motion to revive.
After the lapse of the period, can you now invoke this for double jeopardy?
- Ponencia Justice Brion - Los banos v. Pedro G.R. No. 173588, April 22, 2009
Section 9
Rule 118
Pre-trial
Is there a difference in pre-trial criminal and pre-trial civil?
- They are same in that is it both mandatory
What are covered?
- Second stage where the possibility if plea bargaining can still be pursued
- Exclusion of evidence v. Preclusion of evidence. The latter is the one applicable in pre-trial
First stage: preliminary conference (before the COC) pre-trial proper before the judge (second stage), there can
still be changes pre-trial order/agreement (in writing and signed by the parties and counsel) no signature,
defect not curable
Judicial admissions made by the party require no proof. So those admissions made during the pre-trial constitute
judicial admission as a rule. However, there are jurisprudence to the effect that assuming the accused did not sign
the agreement, conviction can still be had if evidence is presented independently from the admissions in the
agreement.
Bias v. SB absence fraud etc that affects the voluntariness, you cannot withdraw the agreement in the pre-trial
agreement.
Do not confuse made during the pre-trial and in the course of trial:
- Pre-trial constitute judicial admission, but admissions made in the course of the trial, you do not have to
sign it. Oral admission already converted as written by virtue of the transcript of the record

Section 3
This is different from Rule 118, section 3
Sanction here is imposed not on the parties but on the counsel, technically no effect in the criminal proceeding
Section 4
*space out
Rule 119
Trial hearing is broader because it may entail incidents, resolution, not necessarily for the trial of the case.
Example, Motion to dismiss. And hearing does not necessary need presentation of evidence.
Why is trial necessary?
To prove the facts in issue
*space out
In criminal cases, there can be no judicial affidavit in lieu of oral (unlike in civil cases)
When do you prepare for trial?
You will notice that the rules now are very specific as to what acts should be done.
Continuance failure of evidence, and by reason of illness civil cases. There is no counterpart provision in
criminal cases
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Two aspects in trial:
a. Right to a speedy trial section 9 two steps: first the accused must say that the prosecutor should be
ready to present evidence against him if on the date to present, the prosecutor is not ready, then you
can invoke right to a speedy trial - MTdismiss is at the behest of the accused so supposedly it should not
be tantamount to acquittal, but here because of the constitutional right, then it is tantamount acquittal.
Section 11
This is possible when the trial has not yet started.

2/1/2011

TRIAL

Sec 11. Fixes the order of trial (sequence of presentation of evidence). This is different from Rule 132 sec 4 (order
of examination of the witness)

What is required of the prosecution in criminal case? Prove the charge beyond reasonable doubt. This
means that every element charged in the information must be proved beyond reasonable doubt. Failing in one, the
accused will be entitled to an acquittal.

NOTE: List down the rules where no separate civil action is allowed ADMU reviewer has this.

- It is not required for the accused to present evidence. Since he is preumed innocent. After presentation of
prosecution, accused may just file demurrer to evidence
- Accused may present evidence to claim a provisional remedy (basically preliminary attachment in crimes
against property).
- Accused may also porve damages. For an instance a preliminary attachment was wrongfully issued against
him.
- Rebuttal and Sur-rebuttal is optional. Generally this refers to the evidence in chief unless allowed by the
court. After surrebuttal case is deemed submitted for decision unless court allows oral argument or
submision of memoranda
- MODIFICATION OF ORDER OF TRIAL.
1. What is a negative defense? Accused denies specifically the allegations of the information or
complaint Regular order of trial.
2. Positive defense REVERSE/ MODIFIED order of trial
What is the quantum of proof required for the accused to prove self defense? It
is only clear and convincing evidence. In other decision, preponderance only.

Sec 12, 13, 15. What is the nature of these provisions? This is a species of modes of discovery. There is
basically no provision as to modes of discovery in criminal actions. However, there are decisions which say that
there is no prohibition to avail of modes of discovery in criminal cases.

EXAMINATION WITNESS FOR ACCUSED How made: by motion (name, substance of testimony, grounds why
witness could not attend trial)
- Grounds:
1. Sick or infirm
2. If accused resides more than 100 km away from place of trial AND no means to attend the same.
3. Other circumstances
- Should contain an affidavit of the accused. This is because the motion is not verified.
- Who may conduct examination?
1. Court where case is pending
2. Any member of the bar in good standing
3. Any inferior court

EXAMINATION OF PROSEC WITNESS only notice is to the accused is required (no motion is required). ACCUSED
may waive his right to attend conditional examination.
- Grounds: ONLY 2 grounds as compared to examination of defense witness
1. Sick or infirm
2. Has to leave Phil with no definite date of return
- Who may conduct examination
1. Only before the Court where the case is pending. If done elsewhere, it would be violative of the
right of the accused to confront the witnesses agaisnt him

When should witnesses be required bail? Similar with Rule 110. In cases of substitution, bail may be required
of the witnesses

Sec. 16. TRIAL of SEVERAL ACCUSED.
- In Adultery and Concubinage, they are not required to have joint trial. The rule only requires that they be
jointly charged. Separate trial may be had since the defense of one may be inconsistent with the other.
- If the accused jointly charged, prosecution already rested its case, can accused still ask for separate trial?
YES, since their defenses may be inconsistent with each other. BUT, prosecution should not be required to
repear the presenttion of its evidence.

Sec. 17. Discharge as State witness
- When to apply? Before prosecution rests its case. Ratio: After the prosecution rests its case, accused is
already entitled to file a demurrer to evidence.
- What is the reason for this rule? NECESSITY. For lack of evidence they must even resort to tainted
testimony of a co-accused. Only a co-accused could provide the necessary details of a crime which had been
planned and executed in utmost secrecy
- REQUISITES:
1. Prosecution must still present its evidence.
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But he realizes that he could not prove all the elements of the offense. THUS,
2. Testimony must be of Absolute Necessity.
Different from absolute certainity that the testimony would convict the accused.
Absolute certainity is not required
3. There is no other direct evidence proving the offense except the testimony of the accused to be
discharged.
Respective witnesses must be asked to execute affidavits to determine the nature of
their evidence
4. Testimony must be substantially corroborated in its material points
Example: He provides details like the
5. Accused is not the most guilty
It is not required that he is the least guilty. The requirement is that he must not be the
most guilty.
6. Not convicted of crimes inolving moral turpitude
Caught playing mahjong. Not a crime of moral turpitude.
Concubinage? This involves moral turpitude.
- What is the effect of the discharge? Serves as an acquittal. Double jeopardy applies
- What if there is an erroneous discharge?
- What if State witness does not comply with his commitments? He may be prosecuted again. BUT if
his failure is not due to his fault, he is discharged (Ex: Hinid siya tinawag ng prosecution)
- Differentiate from the Witness Protection Program?
- How many may be discharged? No limit

Sec. 19. This is like the rule on substitution

Sec. 20. When prosecutor is disqualified, or has inhibited. Example: Congressman is the accused and the prosec
obtained his recommendation from such officer.

Sec 21.

Sec. 22. Consolidation of criminal actions arising from the same or series of offense.

Sec. 23. Demurrer to Evidence
- Instances when it may be granted? Court motu proprio provided it is with notice to the prosecutor, or on
motion of the accused.
- Conditions
1. Motion for leave
If granted, accused may file the demurrer to evidence.
If with leave of court, then denied, accused may present evidence
If without leave of court, then accused insist of filing demurrer, which was again denied,
no more presentation of evidence
The denial of the motion for leave and the demurrer itself IS NOT SUBJECT TO APPEAL.
Although certiorari may be filed

2. Specifically state the grounds for demurrer.
The motion cannot just say that the evidence is insufficient. The motion must state
which element was not proved by the prosecution.

Sec 24. Reopening. Based on Rule 135 sec. 6. The inherent powers of the court the power to carry into effect
the judgment of the court.

RULE 120
JUDGMENT

What is judgment? Determination/Adjudication as to whether the accused is guilty of not guilty. Different from
the definition of judgment in civil actions.
- REQUISITES:
1. It must be in writing.
a. Oral judgment is not invalid but it must be reduced to writing in order that it becomes
binding.
2. Signed by the judge
3. Personally and directly prepared by the judge
a. This is a constitutional requirement.
b. Judge may seek assistance from his researchers
4. State facts and law on which it is based
a. There must be ratio decidendi. It must explain the decision. It is not enough that there is a
summary of evidence.

What should be the language of the decision? Official language- Filipino and English

What must judgment contain?
1. Legal qualification of the offense constituting the acts (elements of the offense) and the qualifying
circumstances
2. Degree of Participation Whether principal, accomplice or accessory.
3. Penalty
a. Use the correct nomenclature used in the RPC. If it is Life imprisonment, you cannot say
reclusion perpetua.
b. In case of Alternative penalties, the judge must make the determination. It cannot be left to the
determination of the convict.
c. CASE: In BP 22 cases, fine is preferred but judge may still mete out imprisonment.
4. Civil liability or damages
a. In actual damages, it must be proved.
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b. When may you not impose moral/ exemplary damages in a judgment? When there is no
aggravating circumstance. EXCEPT when the SC already determined automatic indemnity. Like in
Rape- 50k
c. Attorneys Fees- only when there is for a separate civil liability.
d. When there is civil liability despite acquittal?
i. Rule 11, sec (2), last para.

Sec. 3. Judgment on several offenses.
- There is violation of rule on duplicity of offense charged. BUT no objection was made. Thus it is waived. He
may be convicted for as may charges as proved
- LIMITATION. Art.70 of RPC, Successive service sentence. Three fold rule applies when a person is charged
for various offenses in one information.

Sec. 4. Variance in proof and allegations. The greater includes the lesser, not the other way around.
- Example: Charged with Homicide, what is proved is Murder, he may only be convicted of Homicide.
- Can you convict a person of Theft when charge is Robbery? YES, cognate offense
- Can you convict a person of Forcible Abduction when charged with Illegal Detention? YES, one
common element, lewd design? HUH?!! Baka detention
- Convict of qualififed seduction but charged with Rape? NO, in qualified seduction virginity is an
element.
- Charged in RTC, but later found out that the jurisdiction with regard to the penalty imposed is
with MTC? NO remand. Render decision since the basis of jurisdiction is the allegations of the complaint or
information. This is the DOCTRINE OF ADHERENCE OF JURIS.
- If charged with a graver offense, he may still not be convicted of an offense which form part of
the greater offense if the lesser. Otherwise there would be circumvention of the rules

PROMULGATION. Public announcement of the decision in a case. Generally, accused must be present

- EXCEPT: PROMULGATION IN ABSENTIA

- Who may promulgate.
1. Any judge of the court where judgment is rendered.
a. In case of the absence of the judge who rendered it, any judge of that court. It is not
necessary that the same judge who prepared and signed it must promulgate the judgment.
(This refers to judgment already signed by the judge but not yet promulgated it.)
i. HOWEVER, absence must be temporary. If it is permanent (death, resignation), a
different judge cannot promulgate it. The new judge must rewrite the decision and
promulgate it.
ii. Judge Amoy case. Re-assigned in Caloocan. He was ordered by the SC to completely
write the decisions that he left in Zamboanga. BUT note that he was assigned to a
corut of equal rank. If he was promoted, he may no longer write the decision since
there is a possibility that he may review his own decision.
2. Clerk of Court in the absence of the Judge.
3. Executive judge of the place where the accused in confined.
a. Accused previously convicted. Now in Bilibid. He had other pending cases. He was convicted
againt. He would no longer be brought to Court. The executive judge who has jurisdiction
over Bilibid shall promulgate judgment.

- How is promulgation made?
1. Notify accused and counsel. And the surety, if out on bail
2. If accused previously jumped bail, tried in absentia, or fails to appear, (1) record the judgment in
the criminal dockets and (2) send a copy of the judgment to the last known address or through
his counsel. If these two were not complied with Invalid promulagation
- Consequences if failed to appear at promulgation?
1. If acquitted, no effect.
2. If convicted, and absence is without just cause despite due notice, he will lose remedies under
the rules (MNT, MR, Appeal).
If justifiable, accused may regain his standing
- In case of no-show in the promulgation? Warrant of arrest must be issued.
- What is the Ratio behind Promulgation in absentia? For purposes of enforcing the civil liability.
Because the criminal action will bar the separate civil action arising from the offense.

MODIFICATION OF JUDGMENT. When? Only when there is conviction. Period: Before finality or perfection of
appeal.

Finality of Judgment.
1. Lapse of period to appeal
2. Sentence partially or totall served
3. Accused waives right to appeal in writing
4. Probation

Entry. Apply Rule 36 sec. 2
- Date of finality is the date of entry.
- Books of the Clerk of Court?

What is Mittimus? Process by which court directs the sheriff to deliver the body of the accused to the jail warden
and the latter is ordered to accept.

Sec. 9. Rules do not affect suspension of sentence, probation, parole. Why? Court has nothing to do with these
because these are post judgment incidents

RULE 121
MR/ MNT

18

When? 15 days from judgment of conviction.
Who?
1. Accused
2. Motu proprio by the Court (like demurrer Court may do it motu proprio)
Grounds
1. Errors of law or Irregularities prejudicial to the rights of the accused
2. New and material evidence

Does a pro forma MR/MNT rule in civil cases apply in criminal cases? No, since the accused has the right to raise
any matter and the court must pass upon it.

AFFIDAVIT of RECANTATION. Public or formal withdrawal of a witness. Not ground for new trial. Except when the
testimony is the only direct evidence for the conviction

AFFIDAVIT OF DESISTANCE. Usually at the beginning of the trial. Should this be ground for dismissal? No, if the
prosecution can still prove the guilt of the accused. The offended party is merely a complaining witness.

Grounds for MR
1. Errors of fact and law in the judgment which required no further proceedings.

Is motion for new trial same as reopening of trial? NO. Ground of reopening would be miscarriage of justice

Form of motion. Litigated motion
1. If based on newly discovered evidence, shoul dit be verified? NO, what is important is the testimony of the
witnesses.

Sec. 5 Hearing of Motion. Relate with evidence on motions. Affidavits, depositions, or court may order that the
matter be heard.

Sec 6. Affects only the portion of evidence that is being complained of.

Difference of MR and MNT? In MNT, there is trial for presenting evidence.

When may trial de novo be allowed?
1. MNT Civil cases 37
2. MNT Crim Cases 121
3. Petition for Relief 38
4. Annulment of Judgment 47

Rule 122
Appeal

Distinguish from civil cases?
- No record on appeal in criminal cases
- In crim, acquittal is not appealable except for civil aspect.
- In civ, only those raised in the brief or those related to an issue raised is considered. In crim, the case is
thrown open for review.
- In civ, no automatic review
- In crim, notice of appeal is allowed CA to SC. Only instance of notice of appeal to the SC
- In civil cases, no counsel de officio is required.
- Residual jurisdiction in civil cases is broader. In crim cases, there are only two daw.
- In civil case, motion granting MNT/MR not appealable. In crim cases, motion granting MR/MNT is appealable.
Ratio: Because MR may result in an acquittal and prosec would have no recourse.

Who may appeal? In case of conviction, the accused. Offended party only with respect to civil liability on the
premise that the civil action is instituted with the criminal action.

MODES of APPEAL. Same with civil actions Ordinary, Petition for review, Appeal by certiorari

From MTC RTC. By notice of appeal

From RTC
If original juris CA by ordinary appeal
If appealate juris CA by petition for review
If RTC imposes death automatic review BUT to CA.
1. If CA affirms. It must render judgment but not enter it. IT would certify the case to the SC and
forward the records. What do you mean to certify? Attach the decision and forward it to the
clerk of the SC.
2. If CA says no death penalty, only reclusion perpetua, CA must render judgment and enter. No
automatic review. If accused still wants to appeal File notice of appeal to SC.
3. Yung complex provision Arising out of the same offense of occurrence where death is the
penalty.
In complex crimes daw
Or when there are two offenses committed
Not the example of Justice de Leon, where principal then accessory or accomplice has
the same remedy

In Sandiganbayan
- To SC Petition for Review to SC
- If penalty imposed is death automatic review
- If reclusion perpetua, life imprisonment ordinary appeal to SC

If during appeal, accused flees, it must be dismissed, except in cases of automatic review.

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Appeal on several accused. Instance where not all co-accused appeals.
- If beneficial to the co-accused, it will benefit him. But it will not prejudice him
- What is the affect of appeal of the civil aspect on the criminal aspect? None. The criminal aspect may be
executed pending the appeal of the civil aspect. Criminal aspect may lapse into finality.
- Upon perfection of the appeal, execution is stayed as to appealing party. This refers to both criminal and civil
aspect.

Withdrawal of appeal. Why allowed?
Distinguish withdrawal in MTC (cut off: before transmittal) and RTC (cut off: before rendition of judgment )
Distinguish from RTC in exercise of appellate and original juris.

When can CA dismiss appeal on criminal action
1. Failure to file brief except if represented by counsel de officio
2. Escapes from prison
3. Jumps bail
4. Flees to foreign country.

NOTE: Only 1 MR

RULE 126
SEARCH AND SEIZURE

What is a Search Warrant? Order in writing signed by the judge in the name of the People commanding peace
officer to bring personal property before the court.

What is covered in a search warrant?
1. Those which are subject of the offense
2. Stolen, embezzled and other proceeds of the offense
3. Used or intended to be used as the means of committing the offense

In application for the warrant, should there be certification against forum shopping? NO, since it is not
an initiatory pleading. ALSO, no responsive pleading. It is only in arraignment that issues are joined.

Where to apply? Remember that it is commenced either before or after a criminal action is filed
1.

REMEMBER: Different ang search warrant for violation of IP laws

What is probable cause for purposes of search warrant? That an offense had been committed is a common
element with probable cause in PI.

What is the test to determine sufficiency of probable cause? The affiant must give details based on
personal knowledge.

NOTE: It is not my fault that the answers are not consistent with his questions. DUH!!!

CASE: Washington Distillery 260 SCRA 281. Search warrant may be quashed on the ground of forum shopping
Conflicting: Certification of non-forum shopping is required in one case.

What is the basic limitation in the issuance of search warrant?
1. It may be issued only in connection to one specific offense.

Who can question validity of search warrant? A person against whom it is issued. BUT only natural persons
can object. JURIDICAL PERSONS are not allowed to object.

Who must determine probable cause? The judge personally. It may not be delegated to the clerk.

What is the form of questioning? Searching questions. It must be probing and exhaustive since this is a
derogation of a constitutional right. It could not be pro forma.

What is the effect if there is violation of the rules with respect to warrant. Evidence is inadmissible in
evidence.

Requisites for Particularity of description? It must be so particular as under the circumstances as would
normally allow.

Limitation on Execution of the warrant? Only those which are described in the search warrant. In one case, the
warrant says, all those used in the manufacture of shabu, kinuha and radio at aircon. Wrong!!!

If in the trial he did not question validity of the search, he waived. Does that mean that there is also a
waiver on the admissibility of the evidence obtained in the illegal search? The waiver of the first right
doesnt mena the waiver of the second right

When to search? Daytime (compare to warrant). Unless the applicant proves necessity of executing it at night.

Duration: 10 days whether executed or not. Return must be made

If used once, then may natira pa pala na shabu in the place, could the search warrant issued be used again? No,
ONE TIME, BIG TIME lang. Exception: Continuing ____________, Places to be searched are adjacent to each
other, but it must be described in the warrant

Search incident to Arrest? What is the premise? Connect daw with warantless arrest. It coversDangerous
weapons

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Motion to Quash. Where?
1. In the court where the case is pending
a. File before the warrant is executed.
b. If already executed, motion to suppress.
2. If no case yet, the issuing court

RULE 127
PROVISIONAL REMEDIES (in Criminal Cases)

- Available only when the civil action is instituted with the criminal action.
- Only Attachment is available

When to make the attachment? From the time jurisdiction over the person of the accused is obtained.
- In civil cases, there is DOCTRINE OF CONTEMPORANEOUS JURISDICTION, it may not be executed until
jurisdiction is acquired over the person of the defendant. How do you do this in criminal actions?
- What is the equivalent of summons in criminal cases? WARRANT OF ARREST or VOLUNTARY SURRENDER.
Instances where attachment may be made?