REVISED RULES OF CRIMINAL PROCEDURE

Rule 110 Prosecution of Offenses

Insofar as the place where the crime is to be tried, what is the rule?

GR: In Criminal Cases, venue is jurisdictional. In such case, the crime is to be tried at the place where any of the essential
elements of the crime took place.

In case of moving vehicle, the case shall be filed in the City or Municipality where the vehicle has passed including the
place of departure or place of arrival.

In case of vessels, it may also be filed at the port of departure or port of destination or any of the City or Municipality
where the vessel will actually pass by.

In crimes under Article 2 of the RPC-crimes which are not committed at the Philippines but action may be filed in any court
of the Philippines where it is first filed.

GR: The information shall only charge one offense.

XPNs:

1. complex crimes
2. continuing crimes
3. special complex crimes
4. crimes which are essentially included in the offense.

This rule may be waived by the accused. If the information contains more than 1 offense unless falling under the above
mentioned exceptions, the accused shall file a motion to quash on the ground that the information charged more than 1
offense, before the accused enters his plea. Otherwise failure to do so tantamount to a waiver thereof, and will convict
the accused as to many offenses charged if these charges are proven.

Amendment of Information

The information can be amended whether in form or in substance as long as it is done before the accused enters his plea.

When the accused has already entered his plea, the information may amended only as to matter of form with leave of
court and as long as the amendment will not cause any prejudice to the accused.

amendment as to substance 1. if the information will alter the nature of the offense or 2. If it will change the defense
of the accused, otherwise amendment is as to matter of form.

Situation: Accused already arraigned. If the amendment of the information included an allegation of conspiracy the
court allowed it. If the amendment of the information was to include the word intent to gain the court allowed it. An
amendment was to include the fact of minority of the CICL, the court allowed it. Is the court correct in allowing it?

YES! The SC in its decision held that the amendment was only a matter of form as it will not alter the nature of the offense,
nor change the defense of the accused.

Thus, amendment is a matter of right whether it is a matter of substance or a matter of form before the accused enters
his plea.

What is the effect if the amendment is to downgrade the nature of the offense, before arraignment? Situation: The
prosecution initially charged the accused with murder, later moves to amend the information to charge the accused with
homicide. Including exclusion of one of the accused. Is it allowed?

YES! Provided that the following requisites are complied with:

1. Motion filed by the prosecution

2. Notice to the offended party, and
3. With leave of court.

Situation: Trial was already almost done however it was found out that there was a mistake in charging the proper offense,
what is the remedy? The court can dismiss the information however there must be a new information filed before the
court, charging the proper offense. Provided however that the accused will not be placed in double jeopardy.
RULE 111 Prosecution of Civil Action
In re Article 100 of the PRC. Every person criminally liable for a felony is also civilly liable.

GR: Once the criminal case in filed in court, it is deemed to include the civil case.

XPNs:

1. If there is a waiver to file the civil case

2. If there is a express reservation to institute a separate civil action, or
3. When the civil action was filed ahead of the criminal action

In reservation, it shall be made expressly even before the prosecutors office conducting the preliminary investigation. It
may also be done in court before the prosecution starts to present its evidence- before the prosecution starts to present
their first witness.

Note: In practice, the award in the civil action deemed instituted with the criminal action is usually lesser than if the civil
action is separately tried.

There is a reservation granted by the court, what happens to the Civil case? The civil case has to wait final judgment on
the criminal case. While waiting the finality of the decision in the criminal case, running of the prescriptive period for the
reserved civil action is tolled or interrupted unless there is an independent civil action where even if the criminal case is
pending, the independent civil action may still be filed at the same time and tried simultaneously provided that one cannot
recover twice the damages arising from the same act or omission. The rule allows the party to choose from the one giving
the higher award of damages.

Independent civil actions: (ARTs 32,33,34 and 2176 of NCC)

No need to file a reservation on cases covered by the above mentioned articles of the New Civil Code.

Article 33. Fraud, defamation and physical injury.

Carandang Vs. Santiago L-3238, May 25, 1955

Physical Injuries does not mean the crimes of physical injuries in the RPC, because it is interpreted to mean in its generic
sense to include any bodily injury. Therefore murder, as long as this will involve a bodily injury will definitely be covered
by the word physical injuries and therefore is an independent civil action.

Crimes committed by means of negligence or reckless imprudence like Reckless imprudence resulting to homicide/serious
physical injury is not included in the term physical injuries.

Situation:

The accused was acquitted in the criminal case, can you still file the reserved civil action?

I depends on the nature of the acquittal.

If the acquittal is based on the fact that the guilt of the accused was not proven beyond reasonable doubt, the offended
party may still file the civil action. However, if the acquittal is based on a declaration that that the crime did not exist,
meaning the court found out that the accused did not commit a crime at all or the prosecution was not able to prove all
of the elements of the crime, then the extinction of the criminal liability carries with it the extinction of the civil liability.

In reality, the court has to specify the basis of the acquittal. Whether it is based on reasonable doubt or if it is based on
the fact that the accused did not commit the crime at all. The court in its decision likewise states or grants the civil liability
as long as it was proven by preponderance of evidence.

Doctrine of non imputability, exempting circumstances on the aspect of minority or the basis of the acquittal is any of the
exempting circumstances, except exempting circumstance no. 4 and 7, there can be no civil liability, but on all the rest,
there is no criminal liability but there is civil liability.

Note: if the accused is a minor, use the term Child in conflict with Law

If the civil case was filed ahead of the criminal case, the criminal action can still be filed. In effect, the civil action will be
suspended in whatever stage of the proceeding to await judgment of the criminal case except if there can be consolidation.

Consolidation is allowed if the cases are filed within the same venue or the same jurisdiction. Example if one case is filed
with the MTCC and the other is filed with the RTC, there can be no consolidation.
In case of consolidation, the evidences presented in the civil case shall be automatically reproduced in the criminal case
without prejudice on the part the part of the accused to conduct further cross examination on the witnesses presented in
the civil case.

RULE 111 (Continuation)

If the crime is committed by means of reckless imprudence, it is not included in the concept of physical
injuries as an independent action in Article 33 of the NCC.

PREJUDICIAL QUESTION
Two important elements:
1. That the civil action is filed prior to the institution of the criminal action
2. That the issue raised in the civil action is similar or intimately related to that raised in the criminal
action, resolution of which is necessary to determine whether the criminal action would proceed or not.

For you to raise the issue of prejudicial question, it has to be filed before the office of the prosecutor or if
not, before the prosecution rests its case.

Death:
Effect of death in so far as the civil and criminal liability of the accused: depends on when the death occurred

Pending appeal
GR: both will be extinguished if accused died before final judgment
XPN: if his civil liability can be predicated in other sources like law, contract, quasi-contract (file against
the estate of the accused, or upon his executor/administrator upon substitution)

If he died after final judgment, what is extinguished is only the criminal liability.
Death of the private offended party will not extinguish the criminal liability of the accused, unless the
offense is a private offense.

Rule 112 PRELIMINARY INVESTIGATION

When is preliminary investigation mandatory?
If the crime committed is punished by a penalty of at least 4 years 2 months and 1 day

What is Preliminary Investigation?

It is an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief
that a crime has been committed and the respondent is probably guilty thereof, and should be held for trial.

Why is there a need for Preliminary Investigation?

To prevent the filing of cases only to find out that there was no crime committed; to protect the interest of the
accused against hasty, unfounded accusations.

In a case for murder filed without the conduct of PI, as counsel of the accused, what would you do? Motion for
the conduct of Preliminary Investigation done before the accused enters his plea.

If you are the judge, how will you resolve the case? Do not issue an order to dismiss the case. Lack of PI is not
one of the grounds for a motion to quash. Instead, REMAND the information to the prosecutors office for the
conduct of the requisite PI.

If the judge refused to grant the motion and remand the case to the prosecutors office: FILE A PETITION FOR
PROHIBITION to prevent the court from further trying the case.

Who can conduct PI?

- Office of the prosecutor
- Other officers authorized by law (Ombudsman, in cases of election offenses Election lawyers)

Motion for judicial determination of probable cause if the court has already filed a warrant for the arrest,
this motion becomes moot and academic already.
How is PI done? (This will not be asked in the brain-damaging midterm examination)
Emphasis on: It should be a prosecutor who must subscribe and notarize the application. Only in the
absence of the prosecutor will a notary public be allowed to subscribe.
Important to include the stamp mark with a certification that the prosecutor/notary public has examined
the affiant and that he voluntarily executed the affidavit. That is required not only for a prosecutor who
subscribes the complaint-affidavit, but also for a notary public. What is important is the certification.
Counter-affidavit of respondent and his witnesses must also be subscribed by the prosecutor, or in his
absence, by a notary public.

Can the prosecutor schedule a hearing for clarificatory purposes? Yes.

Do not file a motion to dismiss before the prosecutor.
Direct the question to the prosecutor, and it should be the prosecutor who must ask the questions
to the witness during the hearing.

If the information did not contain the approval of the city or provincial prosecutor, the information is defective
and can be dismissed by the court outright.
If the information is reversed by the city or provincial prosecutor, he can either assign that to a new
prosecutor for the purpose of preparing the corresponding information or he himself can file the same.

Another remedy if the resolution dismisses the information on the ground of lack of probable cause: APPEAL
TO THE SECRETARY OF JUSTICE within fifteen days from receipt of resolution denying the motion for
reconsideration.
Appeal to the Office of the President only optional.
Remedy if Sec of Justice affirms the denial of the resolution: Petition for Review on Certiorari under Rule 45

After the information is filed in court, what must the court do?
Judge has to determine the existence of probable cause for issuance of warrant of arrest
Judge may require the prosecution to adduce additional evidence. If the prosecution fails to present
additional evidence, the judge may dismiss the same on the ground of lack of probable cause for the
issuance of warrant of arrest.
The court must not dismiss the case outright. The prosecution must always be given the chance to adduce
additional evidence.

When may the court issue a warrant of arrest?

Only if the accused is not yet detained.
The court issues a commitment order in case the accused is already detained.

WARRANTLESS ARREST
Three instances for valid warrantless arrest:
When, in his presence, the person to be arrested has committed, is actually committing, or is attempting
to commit an offense;
When an offense has just been committed and he has probable cause to believe based on personal
knowledge of facts and circumstances that the person to be arrested has committed it;
When 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.

INQUEST PROCEEDINGS available in cases of valid warrantless arrests.

Purpose of the inquest: for the prosecutor to file the information within the period of 36, 18, and 12 hours.
Otherwise, the accused would have to be released.
Accused must be assisted by counsel.
Under the rules, you can even go to the house of the fiscal for the filing of the information.
OPTION given to the accused: May demand for the conduct of Preliminary Investigation granted only
if there is a waiver of ART 125 of the RPC

Rule 112 (CONTINUATION)

Review of rule 112, cont

NOTE:
 Theres no need for the conduct of preliminary investigation (PI) provided an inquest proceeding where conducted so that the respective
information be conducted within 12, 18, 36 hrs respectively.
During the inquest proceeding, when the accused wants to avail of preliminary investigation, he has to sign a waiver of the provision of
art. 125 of RPC.
In cases when he failed to raise his right of the conduct of preliminary investigation during the inquest proceedings under art. 125, He still
can file a motion before the court after the information is filed for the conduct of preliminary investigation but he shall do so within 5
days upon filing of the information.
The 5 day period is non extendible, it shall be counted from the time he learns of the filing of the PI. If the motion is granted the case will
be remanded to the office of the prosecutor for the conduct of PI.

Where can you file cases which do not require the conduct of PI including those under summary procedure?
- you can file it either directly to the office of the prosecutor or with the court itself with the same procedure. In sec. 3 same with cases
covered by summary procedure which must be resolve within 10 days.

Section 3. Procedure. The preliminary investigation shall be conducted in the following manner:

(a) The 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. They shall be in such number of copies as there are respondents,
plus two (2) copies for the official file. The affidavits shall be subscribed and sworn to before any prosecutor or government official authorized to
administer oath, or, in their absence or unavailability, before a notary public, each of who must certify that he personally examined the affiants
and that he is satisfied that they voluntarily executed and understood their affidavits.
(b) Within ten (10) 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.
The respondent shall have the right to examine the evidence submitted by the complainant which he may not have been furnished and
to copy them at his expense. If the evidence is voluminous, the complainant may be required to specify those which he intends to present against
the respondent, and these shall be made available for examination or copying by the respondent at his expense.
Objects as evidence need not be furnished a party but shall be made available for examination, copying, or photographing at the
expense of the requesting party.
(c) Within ten (10) 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 defense. The 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. The respondent shall not be allowed to file a motion to dismiss in lieu of a counter-affidavit.
(d) If the respondent cannot be subpoenaed, or if subpoenaed, does not submit counter-affidavits within the ten (10) day period, the
investigating officer shall resolve the complaint based on the evidence presented by the complainant.
(e) The investigating officer may set a hearing if there are facts and issues to be clarified from a party or a witness. The parties can be
present at the hearing but without the right to examine or cross-examine. They may, however, submit to the investigating officer questions which
may be asked to the party or witness concerned.
The hearing shall be held within ten (10) days from submission of the counter-affidavits and other documents or from the expiration of
the period for their submission. It shall be terminated within five (5) days.
(f) Within ten (10) days after the investigation, the investigating officer shall determine whether or not there is sufficient ground to
hold the respondent for trial. (3a)

IF IN CASE despite submission there exist no probable cause to warrant the filing of the information he may dismiss the case.
If in case the court finds out that there exist a probable cause he may issue warrant of arrest or commitment order if the accuse is
detained. The law says he may issue a warrant of arrest or he may only issue summons in lieu of warrant of arrest.
o It is discretionary to the court. Sample here are cases under summary procedure where the court does not issue warrant of
arrest but only summons order where the accused is required to submit counter affidavits or affidavits of his witnesses.

NOTE: In cases of valid warrantless arrests without warrant, inquest proceedings be undertaken so that information be submitted within 12, 18,36.

What if there is absence of prosecutor in that particular place who will conduct the inquest?
- the rule is very clear that the information may be filed directly with the court.

Rule 113 ARREST

What is arrest? Sec. 1
-taking of a person into custody in order that he may be bound to answer for the commission of an offense.

In cases you feel that the warrant arrest is improperly issued, what is your remedy? Can you file a petition for issuance of writ of habeas corpus?
- No. habeas corpus is not allowed.
Reason: The reason that writ of habeas corpus is not allowed is one which will question the legality of the detention of the accused.
Once the court issues a warrant of arrest, it presupposes that the arrest is legal.

What should you do here?

- File a motion to quash the warrant of arrest or even quash the information and that should be done before the arraignment of the
accused. Because if you fail to raise the issue of validity before the arraignment, it is considered waived in the context of the rule. The
filing of a bond of the accused is not however a waiver to question the illegality of the arrest.

When can you issue or serve search warrant?

- search warrant as a general rule may only be issued during day time, EXP when the affidavit of the deponent clearly specify that the
property to be seized is in the possession of the person, in which case it may be served during night time provided that should be
specified in his affidavit.

When can you issue or serve warrant of Arrest?

- Warrant of arrest may be served at anytime of the day and night. The search has a validity of 10 days.
- Lifetime of warrant of arrest is valid until and unless the accused is apprehended. The 10 day period here is not the lifetime of the
warrant but is only set so that the serving officer may inform the court after 10 days when accused is not yet arrested.
What is the duty of the arresting policeman when the accused is arrested?
- He should bring the person arrested to the nearest police station without unnecessary delay. After that, the commitment order is issued
for the court to determine which jail should the accused be confined.

WARRANTLESS ARRESTS (memorize)

- Citizens arrest is embodied in these 3 warrantless arrest.

Arrest without warrant; when lawful

1. When, in his presence, the person to be arrested has committed, is actually committing, or attempting to commit an offense;
2. When an offense has just been committed and he has probable cause to believe based on his personal knowledge of facts or
circumstances that the person to be arrested has committed it; and (VIP)
3. When the person to be arrested is a prisoner who has escaped from 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.

2 requisites in no. 2

1. That a crime has just been committed;

2. He has probable cause based on personal knowledge

What do you mean when you say that an offense has just been committed?
i.e., the warrantless arrest was made 1 day after the commission of the offense, 24 hrs and the accused was arrested without warrant of
arrest, would that be valid under warrantless arrest? I suppose its not a continuing offense.
- Ans. No.
What do you mean by a crime has just been committed in the light of the commission of the crim?
- There must be immediacy between the commission of the offense and the arrest of the accused. So that, when theres appreciable
length of time from the commission to that of the arrest, then the arrest without warrant is not valid and is already questionable.

Now you said, there is probable cause based on personal knowledge, does it mean that the person arresting must have a personal knowledge that
the person to be arrested has actually committed the crime? Is it required the person arresting has actually seen the accused committing the
crime? NO.

Personal knowledge - actual belief or reasonable suspicion which suspicion must be based on actual facts to warrant that the person to
be arrested has actually committed the crime.

The witness who immediately went to the police station to report of an offense and the officer immediately went there and still
found the accused and arrested him without warrant is one which is described in this rule.

Is there a difference in terms of what should be done by an arresting officer when he is arresting with warrant of arrest and one without warrant of
arrest and this is an arrest which should be done by a private person? Yes.

When the arrest is by virtue of a warrant of a public officer the arrest must be;
(NOT included in the exam)
Inform the person to be arrested of the
- Cause of the arrest and
- the fact that a warrant has been issued for his arrest
EXP:
a. When he flees; or
b. Forcibly resists before the officer has opportunity to so inform him; or
c. When the giving of such information will imperil his arrest.

When the arrest is by virtue of a warrantless arrest of a public officer;

Inform the person to be arrested of the
- His authority and
- The cause of the arrest.
EXP:
1. When the person is engaged in the commission of an offense; or
2. Pursued immediately after its commission; or
3. Has escaped, flees; or
4. Forcibly resists before the officer has opportunity to so inform him; or
5. When giving of such information will imperil the arrest.

When arrest is by Private Person

Inform the person to be arrested of
1. Intention to arrest him and
2. The cause of the arrest
EXP:
a. When the person is engaged in the commission of an offense; or
b. Pursued immediately after its commission; or
c. Has escaped, flees; or
d. Forcibly resists before the officer has opportunity to so inform him; or
e. When giving of such information will imperil the arrest.

Right of officer to break into building or enclosure and Right to break out of the building or enclosure
- An officer making an arrest who has entered a building or enclosure may break out therefrom when necessary to liberate himself.

In the arrest of the accused, can there be force which may be employed by the arresting officer?
 - Yes. Provided that no unnecessary force may be employed in the arrest of the person. However, a reasonable force is allowed therein.

What are the rights afforded to a person by the rules if the person is already arrested?
RA 7438 enumerates the person allowed to visit a person detained, who are they?
1. Legal officer allowed to visit in any time of the day.
2. Immediate family parents, siblings, spouse, children, uncle aunt
3. Priest is also allowed

A person is already detained, he wants a temporary release, what shall he do?

- Apply for bail if the offense is bailable.
- The posting of the bond is not a waiver of the right of the accused to question the illegality of his arrest.

Kinds of bonds:
1. Cash,
2. surety,
3. property and
4. recognizance

Where can he file the bond?

- Before the court where the case is pending.

Can he post his bail in another place other than the place where the case is filed?
- Yes. If he is arrested in another place, he may file it in that place.

Rule 114 Bail

Property Bond

How is this done?

What are the qualifications to become a surety bond (for purposes of property bond)?
1. Must be a resident of the Philippines. (most important requisite)
2. The property must be worth the bond which is supposed to be posted by the accused. (See Sec.12, Rule 114)

If you post a property bond and you become a surety, you must execute an affidavit that you complied with the requirements and that you are
qualified to become a bondsman.

Recognizance

Under recognizance, accused is out but he is given to a respectable member of the community.
Recognizance is allowed in the following cases:
1. If the accused has served at least the minimum of his sentence, without even using the Indeterminate Sentence Law.
2. When accused is in violation of a municipal or city ordinance, or a light felony, or offenses punishable by imprisonment not exceeding 6
months, or a fine not exceeding Php 2,000; except cases falling under the exceptions provided by RA 6036.

RA 6036

Section 1. Any provision of existing law to the contrary notwithstanding, bail shall not be required of a person charged
with violation of a municipal or city ordinance, a light felony and/or a criminal offense the prescribed penalty for which is
not higher than six months imprisonment and/or a fine of two thousand pesos, or both, where said person has established
to the satisfaction of the court or any other appropriate authority hearing his case that he is unable to post the required
cash or bail bond, except in the following cases:

MEMORIZE! (recognizance cannot be availed of in the ff cases)

(a) When he is caught committing the offense in flagranti;
(b) When he confesses to the commission of the offense unless the confession is later repudiated by him in a sworn
statement or in open court as having been extracted through force or intimidation;
(c) When he is found to have previously escaped from legal confinement, evaded sentence, or jumped bail;
(d) When he is found to have previously violated the provisions of Section 2 hereof;
(e) When he is found to be a recidivist or a habitual delinquent or has been previously convicted for an offense lighter
penalty;
(f) When he commits the offense while on parole or under conditional pardon; and
(g) When the accused has previously been pardoned by the municipal or city mayor for violation of municipal or city
ordinance for at least two times.

3. When the accused has applied for probation.

Probation usually takes 75 days. Court will issue an order to the probation office to conduct an investigation and to submit its report
to the court within 60 days. From receipt of the report, the court has 15 days to resolve whether to grant or deny the application for
probation.
What will happen to the accused while waiting for that 75-day period? What is the remedy for the accused within that time?
> He can apply for bail / he can apply for recognizance.

4. Youthful offender.
RA 9344
A minor offender should never be put in jail. In fact, not later than 8 hours from apprehension, he should be released to his
parents or the persons enumerated therein.

5. In cases covered by the Rules of Summary Procedure

Because the court there will not issue a warrant for the arrest of the accused.

If penalty is only a Fine not exceeding Php 1,000, the Rules of Summary Procedure shall apply.

Classification of Bail:
1. Surety Bond
2. Property Bond
3. Cash Bond
4. Recognizance
In Property Bond, after you have posted the property bond before the court, what is your obligation there? (very important obligation)

> within 10 days from posting of the same to the court, you have to annotate the bond before the Office of the Registry of
Deeds of the city or province where the property is located, if it is titled. If it is not titled, before the respective Assessor's Office.

What is the effect if you failed to annotate the bond within the 10-day period?

> the bond will be cancelled, it will cause the issuance of a warrant for the arrest of the accused.

Where should you file the bond? (See Sec. 17, Rule 114)

General Rule: where the case is pending.

Exceptions:
1. 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.
2. If the accused is arrested in a province, city, or municipality other than where the case is pending, bail may 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.
3. Where the grant of bail is a matter of discretion, or the accused seeks to be released on recognizance, the application may be
filed only in the court where the case is pending, on trial or appeal.
4. Any person in custody who is not yet charged in court may apply for bail with any court in the province, city or municipality
where he is held.

Arrested in Tacloban City, the case in Basey, where can you file the bail?

> Either of the two (Tacloban or in Basey). In the RTC of the city or municipality of the place where he is arrested or in the
absence thereof, in the first level courts.

Here is a case in my court, but he was arrested in Tacloban City, he posted a bond with any of the RTCs in Tacloban City, what is the
obligation of the RTC of Tacloban after the posting of that particular bond?

> the obligation of the court which accepted the bond is to immediately forward the records of the bond and all other pertinent
documents to the court where the case is pending, and that court where the case is pending may accept or require another
bond.

Rule: file bail in the court where the case is pending, in the absence of the judge, you can go to the RTC or 1st level court of the city or
municipality or province where that case is pending. If he is arrested in another city, municipality or province other than the place where
the case is pending, he can also post a bond in the RTC of that city or municipality. In the absence of the RTC, file it with the first level
court. The first level court in that case has to immediately forward the records of the bond and all other pertinent documents to the court
where the case is pending, and that court may either adopt, accept or require additional bond.

What are certain undertakings on the part of the accused when posting a bond?

1. He will be required to appear in court where his presence is needed or required; in case of failure to appear, the bond will be
cancelled; his failure to appear will be considered as a waiver of his right to appear and the court can proceed with the trial in absentia
(as part of the undertaking)
Another limitation: the accused can also be prevented from leaving the country, because the undertaking of the
bond is that the accused must appear before the court whenever his presence is required.

2. The bond is only good until after promulgation of judgment before the Regional Trial Court, whether it is a decision in the
exercise of the RTC's original or appellate jurisdiction. Remember that it is only good until promulgation because after promulgation by
the RTC and particularly so if it is for conviction and the penalty exceeds 6 years, bond becomes discretionary.
When you become lawyers, don't just file a notice of appeal to the CA, you must also file a motion to allow the
accused to make use of the bond that he posted before the RTC while the case is on appeal. This motion can
be acted by the court as long as the records of the case are not yet transmitted to the appellate court.

However, since bond is discretionary after promulgation of judgement by the RTC, and the penalty exceeds 6 years,
what are the instances when the court may deny the motion of the accused for him to make use of the bond even if the
case is on appeal to the CA? If the accused falls within the following persons enumerated under the rules, the court
may deny his motion for him to make use of his bond while the case in on appeal, as long as the penalty exceeds 6
years:

1. That he is a recidivist, quasi-recidivist, or habitual delinquent, or has committed the crime aggravated by the circumstance of
reiteration;
2. That he has previously escaped from legal confinement, evaded sentence, or violated the conditions of his bail without valid
justification;
3. That he committed the offense while under probation, parole, or conditional pardon;
4. That the circumstances of his case indicate the probability of flight if released on bail; or
5. That there is undue risk that he may commit another crime during the pendency of the appeal.

What about if the decision of the RTC changed the offense from non-bailable to bailable? Can you apply for bail before the RTC? Non
bailable murder but the conviction was only for homicide, it becomes bailable. Can he file a motion before the RTC while the records of
the case are still with the RTC to allow him to post bail?

NO. Motion to allow bail should be filed before the appellate court.

RTC's decision granting bail is always subject to review of the appellate court. Even if we granted that, it can still be reviewed by the
appellate court.

Bail as a matter of right

Matter of right from the MTC to the RTC, until after there is judgment. It becomes discretionary after promulgation of judgement
with the RTC. This presupposes that the accused is sued for a bailable offense, what about if the accused is sued for a capital
offense?

Capital Offense - one punished by death, for purposes of bail, it may include those punished by reclusion perpetua or life imprisonment.
These are what we call non bailable offenses.

What should be done if your client insists that he should put up a bail for his temporary liberty but he is charged for an offense
punishable by perpetua or life imprisonment? What is the law or Supreme Court Circular applicable?

> Supreme Court Circular A.M. No. 12-11-2, took effect 2014

It has to jive with the provisions of Rule 114.

Whether Rule 114 or whether A.M. No. 12-11-2, bail hearing is classified as what? The court conducts what kind of hearing for offenses
punishable by perpetua and life imprisonment.

> summary in nature, with prosecution having the burden to prove that the evidence of guilt against the accused is strong

If the court finds out that the evidence of guilt against the accused is strong, the court should deny the motion to allow bail

Peculiar features of A.M. No. 12-11-2

1. The defense can also present evidence during the bail hearing to prove that the evidence of guilt against the accused is not
strong.
2. The court can ask all the witnesses in one setting (kuridas ba), all witnesses must be present so the court can just ask
questions from one to the other.
3. You are allowed to make use of the affidavits filed before the court as a direct testimony; you just let the witness identify his
affidavit then he is now ready for questioning from the court and the opposing counsel.
4. The court must resolve the motion to allow bail within 48 hours after the bail hearing.
5. Lawyers should not file complaints against a judge as a consequence of the bail hearing, otherwise the lawyer may be held
administratively liable.
In an application for bail, whether it is a matter of right or a matter of discretion, who should be notified?

> the Prosecutor

**bail hearings should be given priority**

Whether as a matter of right or discretionary, is there really a need to set the motion for hearing? Is there a shortcut so we can dispense
with the hearing?

> schedule that for hearing, giving the prosecution enough time to submit his comment, or you can just ask for his
recommendation. What we do in reality is, we just let the prosecutor make a comment (e.g. No opposition to the reduced
amount of 10k). Under the rules, we need not set it for hearing, we can just ask for the recommendation from the prosecutor.
Require the prosecutor to submit if he has an objection or no objection to the motion, if there is none, as to how much will we
allow as far as reduction of bail is concerned

Can the accused file a motion to reduce bail even if he is not arrested?

> NO. When the accused is not yet arrested, the court has no jurisdiction over the person of the accused. If you are the lawyer,
let the accused surrender, then file the motion.

Can a motion to reduce bail be filed anywhere?

> NO. A motion to reduce bail bond can only be acted upon by the judge where the case is pending.

On bail, one of the undertakings of the accused is to be present before the court whenever his presence is required. The accused failed
to appear in the hearing in spite notice. The judge immediately cancelled the bond on motion of the prosecutor and forfeited the bond in
favor of the government, is the court correct?

> NO. Forfeiture should only come in after giving the bondsman an opportunity to explain the absence. The court can cancel
the bond but not automatically forfeit. What we do is to require the bondsman to explain in writing why the bond should not be
forfeited, or require him to bring the accused to court. If he failed to do so, that is the time now where the court can issue an
order forfeiting the bond in favor of the government.

A bondsman Juan, posted a bond for the accused Jose. But in between trial, they had misunderstandings and they parted ways. Now,
the bondsman wants that he be released as a bondsman and he wants to get the bond which he posted for the accused. He filed a
motion to be released as a bondsman and for the return of the bond. The court immediately granted the motion, and forthwith released
him as a bondsman and returned the bond to Juan. Is the court correct?

> NO. The bondsman must first surrender the accused, before the court can act on the motion. One can only be released as a
bondsman, only after he surrenders the accused to the court. If the release is granted and the bond is returned, the accused
will be arrested. The court cannot release the bondsman without him surrendering the person of the accused to court.

Can the bond be released to the accused? Will it be returned to the accused?

> Yes, provided he will not escape, and he will appear in court. Because the return is always subject to that particular
undertaking.

This bond can be returned, when? Until when should a bond last?

> acquittal
> provisional dismissal
> conviction by final judgment
What about if the accused is convicted, will the bond be released to the accused? -Yes
The bond is good only until after the case is finished. Even if there is conviction by final judgment, it is now executed, the court will now
return the bond because the bond is only a security for his appearance in court.

What about if the accused applied for probation, with the motion to release his bond? Can the court already return the bond posted? -
NO. We can only release the bond if the court has already approved his application for probation, and the conditions of the approved
probation were read to the court. Applications pa lang, NO. Once the application for probation is approved, we are now allowed to
release the bond in favor of the accused.

Judges exercise supervision over jails.

Take note of the factors to be considered in fixing the bond

Enrile vs Sandiganbayan

very controversial decision, where the grant of bail to Enrile anchored on humanitarian considerations.
Was the decision of the court in the case of Enrile in accordance with the Rules?

Yes, because one of the factors to be considered for the fixing of bail is the health if the accused.

RULE 115 RIGHTS OF THE ACCUSED

Take Note: These rights are afforded to the accused DURING trial.

The fact that the accused has posted bail does not bar him from questioning the illegality of his arrest nor the absence of
preliminary investigation as long as the same is raised before he enters his plea.
Application for Probation: Sixty (60) days to conduct investigation; fifteen (15) days to render decision.
While waiting for the said application, the accused may be allowed to post bail.

WHAT ARE THESE RIGHTS

1. TO BE PRESUMED INNOCENT
2. TO BE INFORMED OF THE NATURE AND CAUSE OF THE ACCUSATIONS AGAINST HIM
The accused is informed of the nature and cause of the accusations against him DURING ARRAIGNMENT. In
fact, the same cannot be waived and his presence cannot be dispensed with.
In connection with amendment, the law does not allow amendment in substance AFTER the arraignment of the
accused. By doing so, the accuseds right to be informed of the nature and cause of the accusations against him
is violated.
3. TO BE PRESENT IN PERSON AND BY COUNSEL AT EVERY STAGE OF THE PROCEEDING
This right provides that the accused may be present at all stages of the proceeding, from arraignment until after
promulgation of judgment.
However, there is an instance where the presence of the accused can be dispensed with without violating the
said right.
i. Rule on examination of child witness; the private complainant may not be presented face-to-face with
the accused.
The presence of the accused is required only during:
i. During Arraignment;
ii. Promulgation of sentence except when conviction is for light offense, in which case it may be
pronounced in the presence of his counsel or representative; and
iii. When ordered by the court for the purpose of identification.
4. TO TESTIFY AS A WITNESS IN HIS OWN BEHALF
Limitations:
i. The accused cannot be compelled to testify against himself;
ii. If the accused testifies, he may only be cross-examined on matters covered by his direct examination
unlike an ordinary witness who can be cross examined as to any matter covered by his direct testimony
and other matters connected therewith.
5. TO BE EXEMPT FROM BEING COMPELLED TO BE A WITNESS AGAINST HIMSELF
Otherwise known as the RIGHT AGAINST SELF-INCRIMINATION.
Extent of the coverage of this right: involves prohibition against testimonial compulsion only and the production
by the accused of incriminating documents and articles demanded from him.
Mechanical acts which include mental acts is covered by this right such as furnishing of specimen signature in a
case of falsification of document.
Examples of purely mechanical acts:
i. Physical examination;
ii. Examination of a rapist and the victim;
iii. Pregnancy test
iv. Requiring the accused to fit a shoe found in the crime scene
 v. Drug test to determine whether the accused is positive for drug use in RA 9165 cases except in the case
of People vs Jaime de la Cruz (see case).
Failure of the counsel to seasonably object incriminating questions constitutes as a waiver on their part.
6. TO CONFRONT AND CROSS EXAMINE THE WITNESS AGAINST HIM AT TRIAL
7. TO HAVE COMPULSORY PROCESS
Subpoena ad testificandum secures the attendance of the witnesses to the case.
Subpoena duces tecum secures the production of evidence material to the case.
8. TO HAVE SPEEDY, IMPARTIAL AND PUBLIC TRIAL
SPEEDY
i. The Speedy Trial Act of 1998 (RA 8493)
ii. No hard an fixed law which expressly determines violations of this right. At the end of the day, it always
comes down to the context of CAUSE OF DELAY and UNREASONABLE DELAY.
iii. Very idealistic but not happening in reality.
IMPARTIAL
i. Provides that every party litigant is entitled to nothing less than the cold neutrality of an impartial
judge, otherwise, said party has all the right to move for the inhibition of the judge.
PUBLIC
i. Instances where the public is excluded:
1. Evidence to be produced is offensive to public morals and decency;
2. Upon motion of the accused;
3. Rule on examination of child witness.
9. TO APPEAL OF ALL CASES ALLOWED BY LAW AND IN THE MANNER PRESCRIBED BY LAW
While it is a general rule that the right to appeal is only available to the accused, the same is not true on the
following cases and may be granted to the prosecution:
i. Appeal on the civil liability;
ii. Dismissal not based on the merits.
During appeal, it should be the Office of the Solicitor General who should take the initiative and represent the
People.

RULE 116 ARRAIGNMENT AND PLEA

It is the formal mode of implementing the constitutional right of the accused to be informed of the nature and cause of
the accusations against him.
It must be read to the accused in the language or dialect known to him.

WHEN SHOULD A PLEA OF NOT GUILTY BE ENTERED

1. When the accused so pleaded;
2. When he refuses to plead;
3. Improvident plea;
4. Conditional plea of not guilty;
5. When the plea is indefinite or ambiguous;
6. Enters a plea of guilty but raises exculpatory evidences.

IMPROVIDENT PLEA AND EFFECT

It is a plea without information as to all circumstances affecting it based upon a mistaken assumption or misleading information or
advice. If the requirements during his plea are not complied with, the accused may raise the same as an error and question the same.

WHY IS THE PRESENCE OF THE OFFENDED PARTY REQUIRED DURING ARRAIGNMENT

1. Plea bargaining;
2. Determination of civil liability;
3. Allowing the accused to enter a plea of guilty to a lesser offense which requires the consent of the public prosecutor
and the private complainant. However, if the private complainant fails to appear during arraignment despite due notice,
the consent of the public prosecutor shall suffice.
a. Murder to Homicide
b. Estafa to Malversation of Public Funds

AMENDMENT OF INFORMATION AFTER A PLEA OF GUILTY TO A LESSER OFFENSE

Although not mandated by law and does not require the re-arraignment of the accused, the amendment of information after a plea
of guilty to a lesser offense may be considered as a MITIGATING CIRCUMSTANCE.

PLEA OF GUILTY
1. Capital Offense
 a. There must be a searching inquiry into the voluntariness of his plea and full comprehension of the consequences of
his plea.
b. Presentation of evidence by the PROSECUTION is mandatory.
c. Presentation of evidence by the DEFENSE is discretionary.
d. Prosecution must prove the guilt of the accused and the precise degree of his culpability.
2. Non-Capital Offense
a. Presentation of evidence is merely discretionary.

RULES 116 (Continuation)

If the accused pleads guilty to an offense punishable by Reclusion Temporal or lower, is there a need for presentation
of evidence?
The court may still require the presentation of evidence, discretionary however, for the purpose of
determining the appropriate penalty or the civil liability aspect.
Civil indemnity P75,000 without need of proof (as of recent jurisprudence)

Motion for a Bill of Particulars filed before the accused enters his plea.
Done when the allegations in the information are not definite or specific.

Mode of Discovery motion for the production and inspection of documents for the purpose of:
To avoid surprise, suppression of evidence
Accused should be allowed to see, reproduce whatever documents are available as far as the prosecution is
concerned.
Limitation: Must not be privileged

Effect of Improvident Plea where the accused was not able to understand the consequences of his improvident
plea.
Can be raised as long as the conviction is not yet final and executory, and the conviction can be set aside on
the ground that the accused raised the issue that he made an improvident plea.

Grounds for suspension of arraignment:

1. Accused is suffering from mental incapacity
Court will order commitment in a mental facility.
2. Prejudicial question
3. Pending petition for review or appeal to the DOJ or Office of the President
Limitation: Suspension will only be for 60 days from the time of filing of the petition for review or
appeal.

Rule 117: Motion to Quash

- Filed before the accused enters his plea.
- Motion to Dismiss filed after the accused enters his plea.

Effect if not raised before the plea: considered waived.

Exception (if the ground falls in any one of the following, it may be raised even after the accused enters plea):
1. No jurisdiction over the offense
2. Double jeopardy
3. Penalty of the crime extinguished
4. Information does not constitute an offense

Effect if motion to quash is granted: does not bar re-filing of the case
Exceptions:
- Double jeopardy
- Crime or the penalty is already extinguished

Which among the grounds is actually curable by amendment, such that the court will order an amendment instead
of quashing it?
1. Facts charged do not constitute an offense. (Elements for the commission of the crime)
2. Defect in form and in substance.
Only when the prosecutor does not obey may the information be quashed.

(When we become lawyers, and we feel that the information would warrant an amendment, do not file a motion to
quash. Only when the presentation of evidence is made by the prosecutor will you make an objection on the ground that
it is not alleged in the information. When you file a motion to quash, you give the prosecution a chance to correct its
error.)
Grounds for a motion to quash:
1. Facts charged do not constitute an offense;
Determined by the elements of the offense
2. Court trying the case has no jurisdiction over the offense charged;
3. Court trying the case has no jurisdiction over the person of the accused;
4. Officer who filed the information had no authority to do so;
In cases of private offenses, it has to be preceded by a complaint of the private offended party.
5. It does not conform substantially to the prescribed form;
6. More than one offense is charged except when a single punishment for various offenses is prescribed by law;
7. Criminal action or liability has been extinguished;
8. It contains averments which, if true, would constitute a legal excuse or justification;
Facts would justify the act committed by the accused
9. And that the accused has been previously convicted or acquitted of the offense charged, or the case against
him was dismissed or otherwise terminated without his express consent (double jeopardy).
If with express consent it is provisional dismissal.
i. May be re-filed: if the penalty does not exceed 6 years within 1 year; if it exceeds 6 years,
within 2 years; otherwise, the dismissal becomes permanent.
Counted from the date of issuance of that particular provisional dismissal
It includes attempted and frustrated stages.
Test used in determining whether this is of the same case, not only in its consummated but also in its
attempted and frustrated stages Same Evidence Test, Same Offense Test
Elements of double jeopardy:
i. Valid complaint or information filed;
ii. Filed before a competent court;
iii. Arraignment accused entered his plea;
iv. He must have been previously convicted, acquitted, or case was dismissed without his
express consent.
v. Includes the attempted and frustrated stages of the offense.
Exceptions to double jeopardy, even if presumably all the elements are present:
i. Case of Melo vs. People: supervening fact
ii. Graver offense only happened after the filing of the first offense.
iii. Plea to a lesser offense was without the consent of the prosecutor and private offended party;
Except: when the private offended party has been duly notified, but failed to appear
in court on that particular date --- consent can be given alone by the prosecutor.
Plea of guilty to a lesser offense can be made even after the presentation of
prosecutions evidence let them agree to consider the evidences presented as if they
were not yet presented (Comment of Pamaran)

TAKE NOTE OF THE PRESCRIPTIVE PERIODS OF CRIMES:

Crimes punishable by Death, reclusion perpetua, or reclusion temporal 20 years
Afflictive penalties 15 years
Correctional penalties 10 years, arresto mayor 5 years
Crime of libel 1 year
Oral defamation and slander by deed 6 months
Simple slander 2 months
Grave slander 6 months
Light offenses 2 months
Fines:
Afflictive 15 months
Correctional 10 years
Light 2 months

Special laws it depends when the law itself provides for its period of prescription.
If the special law does not provide for its prescriptive period, see Act no. 3326:
Offenses punished only by a fine or imprisonment for not more than one month or both 1 year
Punished by imprisonment for more than one month but less than two years 4 years
Punished by imprisonment for two years or more but less than six years 8 years
Punished by imprisonment for six years or more, except the crime of treason, which shall prescribe after 20 years
12 years
Violations penalized by municipal ordinances 2 months

For crimes punishable by the RPC, qualify: if the crime is known count from the date of commission of the
crime; if unknown, from the date of discovery by the officers or authorities.
RULE 118 PRE-TRIAL
Section 10 of SC 12-11-2 mandates that: Provisional dismissal. -(a) When the delays are due to the absence of an essential
witness whose whereabouts are unknown or cannot be determined and, therefore, are subject to exclusion in determining
compliance with the prescribed time limits which caused the trial to exceed one hundred eighty (180) days, the court shall
provisionally dismiss the action with the express consent of the detained accused. (b) When the delays are due to the absence
of an essential witness whose presence cannot be obtained by due diligence though his whereabouts are known, the court
shall provisionally dismiss the action with the express consent of the detained accused provided: ( 1) the hearing in the case
has been previously twice postponed due to the non-appearance of the essential witness and both the witness and the
offended party, if they are two different persons, have been given notice of the setting of the case for third hearing, which
notice contains a warning that the case would be dismissed if the essential witness continues to be absent; and (2) there is
proof of service of the pertinent notices of hearings or subpoenas upon the essential witness and the offended party at their
last known postal or e-mail addresses or mobile phone numbers. (c) For the above purpose, the public or private prosecutor
shall
first present during the trial the essential witness or witnesses to the case before anyone else. An essential witness is one
whose testimony dwells on the presence of some or all of the elements of the crime and whose testimony is indispensable
to the conviction of the accused.
Section 11 of SC 12-11-2 allows service of subpoena and notices through electronic mail, calls and text messages.

WHEN CONDUCTED
At least thirty (30) days from the conduct of the arraignment.

IMPORTANCE
Determination of issues that will guide the course of the proceedings.
Admission of stipulations because admitted facts during preliminary conference no longer require evidentiary proof.
Before a pre-trial is scheduled, a preliminary conference must be conducted before the branch Clerk of Court pursuant to RA
8493 or the Speedy Trial Act of 1998.

THINGS TO BE DONE DURING PRE-TRIAL

Plea Bargaining;
Stipulation of facts;
Marking of identification of evidence;
Waiver of objections to admissibility of evidence;
Modification of the order of the trial;
Other matters.

CAN A PRE-TRIAL ORDER BE MODIFIED

Yes, to prevent manifest injustice.

IS THE PRESENCE OF THE ACCUSED REQUIRED

No. However, the presence of the both the prosecutor and the defense counsel is required, otherwise, they will be sanctioned by
the court.

GENERALLY, WITNESSES NOT LISTED SHALL NOT BE ALLOWED TO TESTIFY AND EXHIBITS NOT MARKED SHALL NOT BE ALLOWED
ADMITTED.
Exceptions:
1. Those to be used in cross-examination or re-cross examination for impeachment purposes;
2. Those presented on re-direct examination to explain or supplement answers of the witness during cross examination;
3. Those to be utilized for rebuttal or sur-rebuttal witnesses;
4. Those not available during pre-trial despite the diligence on the part of the party offering the same.

RULE 119 TRIAL

Some provisions are mere reiterations of RA 8493 or the Speedy Trial Act of 1998.

ALLOWABLE EXCLUSIONS IN THE COMPUTATION OF TIME

NOTE: Judge S will never ask this (daw) on our Midterm Exam
(a) Any period of delay resulting from other proceedings concerning the accused, including but not limited to the following:
(1) Delay resulting from an examination of the physical and mental condition of the accused;
(2) Delay resulting from proceedings with respect to other criminal charges against the accused;
(3) Delay resulting from extraordinary remedies against interlocutory orders;
 (4) Delay resulting from pre-trial proceedings; provided, that the delay does not exceed thirty (30) days;
(5) Delay resulting from orders of inhibition, or proceedings relating to change of venue of cases or transfer from other courts;
(6) Delay resulting from a finding of existence of a prejudicial question; and
(7) Delay reasonably attributable to any period, not to exceed thirty (30) days, during which any proceeding concerning the
accused is actually under advisement.

(b) Any period of delay resulting from the absence or unavailability of an essential witness. For purposes of this subparagraph, an
essential witness shall be considered absent when his whereabouts are unknown or his whereabouts cannot be determined by due
diligence. He shall be considered unavailable whenever his whereabouts are known but his presence for trial cannot be obtained by
due diligence.

(c) Any period of delay resulting from the mental incompetence or physical inability of the accused to stand trial.

(d) If 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
subsequent charge had there been no previous charge.

(e) A reasonable period of delay when the accused is joined for trial with a co-accused over whom the court has not acquired
jurisdiction, or, as to whom the time for trial has not run and no motion for separate trial has been granted.

(f) Any 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 taking such action outweigh the best interest of the public and the accused in a speedy trial.

WHY IS THERE A NEED TO COMPLY WITH THE TIME SCHEDULE PROVIDED BY COURT
Failure to comply the same shall give rise to an opportunity on the part of the accused to file a MOTION TO DISMISS on the ground of
denial of his right to speedy trial.

WHY IS THERE A NEED FOR PRESENTATION OF REBUTTAL WITNESS

Opposing party presented a witness contradicting the testimony of the partys own witness, to rebut the same, counsel may present
a rebuttal witness to contradict the opposing partys witness testimony.

MODES OF DISCOVERY IN CRIMINAL CASES DURING TRIAL

May be resorted to by both the prosecution and the defense.
They are as follows:
i. Production or inspection of material evidence in possession of the prosecution;
ii. Examination of prosecution witness;
iii. Examination of defense witness.

EXAMINATION OF THE DEFENSE WITNESS

File a MOTION FOR THE CONDITIONAL EXAMINATION OF THE WITNESS;
The motion shall state:
(a) the name and residence of the witness;
(b) the substance of his testimony; and
(c) that the witness is sick or infirm as to afford reasonable ground for believing that he will not be able to attend
the trial, or resides more than one hundred (100) kilometers from the place of trial and has no means to attend the
same, or that other similar circumstances exist that would make him unavailable or prevent him from attending the
trial.
The motion shall be supported by an affidavit of the accused and such other evidence as the court may require;
If the court is satisfied that the examination of a witness for the accused is necessary, an ORDER shall be made directing that
the witness be examined at a specific date, time and place;
A copy of the order be served on the prosecutor at least three (3) days before the scheduled examination;
The examination shall be taken before a judge, or, if not practicable, a member of the Bar 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;
The examination shall proceed notwithstanding the absence of the prosecutor provided he was duly notified of the hearing.

EXAMINATION OF THE PROSECUTION WITNESS

File a MOTION FOR THE CONDITIONAL EXAMINATION OF THE WITNESS;
Allowed when a witness for the prosecution is too sick or infirm to appear at the trial as directed by the court, of has to leave
the Philippines with no definite date of returning;
 The examination shall be taken before a judge ONLY.

SECURE THE ATTENDANCE OF BOTH PARTIES MATERIAL WITNESS

The court may order the witness to post bail in such sum as may be deemed proper;
Upon refusal to post bail, the court shall commit him to prison until he complies or is legally discharged after his testimony
has been taken.

WHAT SHALL BE DONE IF THE PROSECUTION HAS 10 WITNESSES, YET IT CANNOT PROVE THE GUILT OF THE ACCUSED BEYOND
REASONABLE DOUBT AND THERE ARE TWO OR MORE PERSONS ARE JOINTLY CHARGED WITH THE COMMISSION OF ANY OFFENSE
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 upon motion of the prosecution before resting its case;
Requisite for the discharge of the accused as state witness:
(a) There is absolute necessity for the testimony of the accused whose discharge is requested;
(b) There is no other direct evidence available for the proper prosecution of the offense committed, except the testimony of
said accused;
(c) The testimony of said accused can be substantially corroborated in its material points;
(d) Said accused does not appear to be the most guilty; and
(e) Said accused has not at any time been convicted of any offense involving moral turpitude.

EFFECT OF DISCHARGE OF THE ACCUSED AS STATE WITNESS

1. Evidence adduced in support of the discharge shall automatically form part of the trial;
2. If the court denies the motion for discharge of the accused as state witness, his sworn statement shall be inadmissible in
evidence;
3. If the court grants the motion, it shall amount to an acquittal 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.

CAN THE ACCUSED TESTIFY IN FAVOR OF THE PROSECUTION

Yes. It shall be considered as a MITIGATING CIRCUMSTANCE.

119 TRIAL (Continuation)

JS: Last Wednesday, I was telling you that after the prosecution rested its case and as a counsel of the accused you
found out that the evidences presented by the prosecution is insufficient. You have the option either to file a motion for
leave to file demurrer to evidences or directly file a demurrer of evidence. It is better to file a motion for leave to file a
demurrer because if you file directly and it will be denied without a motion you waive your right to present evidence. So
file first a motion for leave within 5 days from the time the prosecution rested its case and if the motion for leave will be
granted another 10 days will be given to file the demurrer. Some lawyers file a motion for leave to file a demurrer and
attach the demurrer to evidence. Is it violative of the rule? NO.

JS: Arcenas, tell me if this is correct. The case is almost done. It was found out noh that there was mistake in the offense
charged in the information, so what the court did was to dismiss the case and ordered the prosecution to file another
information. For the meantime the accused was not ordered to be released. Procedurally speaking is that correct?

Arcenas: No.
JS: I repeat. It was found out that the case was almost at the winding up stage and it was found out that there was a
mistake in charging the information so the court dismiss the case and ordered the prosecutor to file a new information.
For the meantime while waiting for the new information to be filed the court did not released the accused. Is it
procedurally correct in accordance with the rule.

Arcenas: YES SIR.

JS: Provided, there is a proviso eh.

Arcenas: Provided..
JS: Example lang ha. The accused was charged the crime of theft but the evidence presented by the prosecution was for
estafa. The court ordered that the information be dismissed and order the prosecution to file a new information. The
court did not released the accused while waiting for the said information. Is it procedurally correct?

A: Yes,
JS: Yes diba, in charging of the proper offense. Even if the it is in the last stage of the trial the rule says that the court will
order the filing of a new information to charge the proper offense and in fact the law says for the meantime the accused
should not be released while waiting for the filing of the new information, is it subject to qualification?
A: YES.

JS: It is not allowed if the evidence presented is for graver offense than those charged in the information. For example,
the evidence presented is for murder but the information charged in the information is homicide. Definitely, the court
will not allow that. Clear tayo, re opening of the case. What is this all about? Who can do this?
A: It is available to the accused or the prosecution.

JS: or even the court motu propio for the interest of justice. Ill put emphasis on this particular section. You noticed that
this is a right granted not only on the part of the accused but likewise on the part of the prosecution.
JS: When is the remedy available?
A: Before the finality if the judgment of conviction.
JS: the proceedings shall be terminated within 30 days from the order granting it.

RULE 120 JUDGMENT

JS: How do you understand judgment?
A: it is the adjudication by the court that the accused is guilty or not guilty of the offense charged and the imposition of
the proper penalty and civil liability, if any.

JS: According to the rules, the decision must be?

A:
It must be written in the official language;
Personally and directly prepared and signed by the judge;
Must contain clearly and distinctly a statement of facts, and the law upon which it is based.

JS: Thank you Mr. Arcenas. Okay. Asis. if this is a judgment of conviction, what should I do? What are the rules?
Ap: If it is one of conviction, the judgment must state:
The legal qualification of the offense constituted by the acts committed by the accused, and the aggravating or
mitigating circumstances attending its commission;
The participation of the accused, whether as a principal, accomplice or accessory;
Penalty imposed upon the accused;
The civil liability or damages caused by the wrongful act or omission, unless a separate civil action has been reserved or
waived.

JS: You have to put the aggravating and mitigating circumstances, because it will affect the penalty to be imposed. Diba
in arriving the penaly we use ISLAW? What should the court do in so far as the penalty of the accused? Because we must
determine the presence of Aggravating or Mitigating circumstances to arrived at the penalty using the ISLAW unless the
accused is disqualified by law.

JS: How about if it is a judgment for acquittal?

AP: If it is one for acquittal, it must state:
Whether the evidence of the prosecution failed to prove the guilt of the accused or merely failed to prove his guilt
beyond reasonable doubt;
In either case, the judgment shall determine if the act or omission from which the civil liability might arise did not exist.

JS: Why is it necessary to state whether the prosecution failed to prove the guilt of the accused or merely failed to prove
his guilt beyond reasonable doubt?
Ap: For the civil liability.

JS: Yes. Because if the accused is acquitted beyond reasonable doubt the court may still award civil liability. However, if
the court finds out that the accused did not commit the crime at all then the extinction of criminal liability carries with it
the extinction of civil liability.

JS: Thats the reason why in acquittal we are always take into account the basis of the acquittal because of the
accompanying civil liability. The latest decision now for civil indemnity is P75000 and it does not require any proof the
court will automatically award 75000 by way of civil indemnity. Clear tayo. If there is a decision there has to be
promulgation. My question to you Ms. Asis. Is the presence of the accused indispensible during the promulgation?
Ap: It depends. If the conviction is for a light offense, the judgment may be pronounced in the presence of his counsel or
representative.
JS: this is one of the instances where the presence of the accused is required. One is for promulgation unless he is
charged for a light offense. The law does not make any qualification if it is for acquittal or conviction. Before the
promulgation what is the duty of the clerk of court?
Ap: Notice to the accused. Informing the accused of the scheduled date of promulgation.

JS: how about if it is a trial in absentia. Is sending notice of promulgation to the accused required?
Ap: Yes. To the last known address.

JS: If it is a trial in absentia the court will send notice to his last known address. The notice is not to the counsel but to
the accused himself. Ms. Asis he was notified but the accused failed to appear and his failure to appear is unjustifiable.
Can the court proceed with the promulgation?
Ap: Yes. Provided that the judgment is recorded in criminal docket and the copy is served upon the accused in his last
know address or his counsel.

JS: Pwede. We can proceed. By the way, can the judgment is promulgated if the judge is temporary absent?
Ap: Yes. It can be done by the clerk of court. But in reality it is not happening.

Js: What is the effect if the accused failed to appear during his scheduled promulgation if it is for conviction?
Ap: If the judgment is for conviction and his failure to appear without justifiable cause, he shall lose the remedies
available in these rules against the judgment and the court shall order his arrest within 15 days from promulgation.
However, the accused may surrender and file a motion for leave of court to avail of these remedies. He shall state his
reasons for his absence at the scheduled promulgation and if he proves that his absence was for justifiable cause, he
shall be allowed to avail of said remedies within 15 days from notice. (Salvador v. Chua, GR 212865 July 15, 2015)

JS: Thank you. Mr. Villalon. Other sections we left behind?

R: The rule in case there is a variance between the offense charged and the offense proved.

JS: Yeah. I almost forgot. So what is the rule?

R: As a General Rule, an accused can be convicted of an offense only when it is both charged and proved. If it is not
charged although proved or if it not proved although charged, the accused CANNOT be convicted.

Exception: When there is a variance between the offense charged in the complaint or information and that proved, and
the offense as charged is included in or necessarily included in 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 included in the offense charged
which is included in the offense proved.

Js: How about if what is proved is serious physical injuries and the crime charged is murder? But you will agree with me
that if what is charge is attempted homicide, frustrated murder, frustrated homicide serious physical injuries is
included?
R: Yes sir.

JS: Why cant it not apply to murder to physical injuries? Why is it not included in murder?
R: Because the victim is already dead.

JS: But definitely pag frustrated or attempted yan it is included pero pag murder and homicide consummated. No.
because intent to kill is presumed. How do you determine what is necessarily included to the offense charge?
R: An offense is 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.

JS: Can an accused file a motion for reconsideration of the judgment of conviction? Can the prosecution do that?
R: Yes. The right for motion for reconsideration is only available remedy only to the accused.

Js: Can there be a case that the accused is not allowed to file a motion for reconsideration? Yes. In cases covered by the
rules on summary procedure because a motion for reconsideration is a prohibited pleading in cases by rules on summary
procedure.

Js: What are the instances where the law allows the prosecution to file a motion for reconsideration?
R: In case the judgment does not award civil liability.

Js: Can the prosecution file a petition for certiorari in case of acquittal?
R: No. sir. Because it will put the accused in the double jeopardy.
RULE 121 MR / MNT
REOPENING OF A CASE:

- Can be done upon motion of the accused / prosecution

- Done before judgment is final & executory

4 instances where judgment becomes final:

1. Accused voluntarily commenced sentence cannot file motion anymore

2. Waived in writing right to appeal
3. Applied for probation
4. Perfection of appeal

MR / MNT:

- Only available as remedy to the Accused

- Can be done by the court but always with the consent of the Accused (these are the best distinctions between MR/MNT & Appeal)
- Done within 15 days from promulgation
- If MR/MNT is denied (15 days) Appeal (15 days fresh period rule will apply)
- Fresh period rule not applicable in administrative cases, only for cases decided by the court

PRO-FORMA:

- Not applicable in criminal cases (civil only)

- Where MR is filed and merely reiterates arguments already considered by the court
- Court will deny
- Effect: will NOT toll the running of the reglamentary period for appeal

MOTION FOR NEW TRIAL:

2 GROUNDS:

1. Errors of law / irregularities prejudicial to substantial rights

2. Newly Discovered Evidences

ERRORS OF LAW / IRREGULARITIES:

Ex:

1. Deprived of preliminary investigation filed motion but was denied.

2. Court insisted for counsel not of his choice.

- Must be serious irregularities which will affect the substantial rights of the accused

NEWLY DISCOVERED EVIDENCES (NDE):

3 Requisites:

1. There is a NDE
2. It was not known by the Accused during the trial
3. Will probably alter the decision of the court

LIMITATION: (even if the 3 requisites are present, may still not warrant the granting of MNT)

Evidences that are:

1. Sought to impeach the testimony of a particular witness / evidence.

2. Recantation where witness changes his entire testimony
- Not a ground for MNT

GR: Not allowed by court / highly discouraged / frowned upon

XPN: When there is only 1 witness, and there are no other evidences, evidence solely rests on 1 witness who recants his testimony

- Even if the Accused made an extrajudicial confession on the commission of the crime, the recantation of the witness will still
warrant a new trial and will acquit the Accused
- Burden of proving guilt beyond reasonable doubt lies on the prosecution
- Prosecutions case should stand on its own merits and not draw strength on the weakness of the defense
- If recantation was done voluntarily, there was no force, duress, or undue influence, it will be considered.

MOTION FOR RECONSIDERATION:

GROUND: Error of law / facts in the judgment

- Committed by the court when it rendered judgment

EFFECTS OF GRANTING MR / MNT:

MNT:

1. If based on irregularities: the original judgment will be set aside and render new judgment
2. If based on NDE: allow new evidence + previous evidence will still form part of the case
MR: allow introduction of additional evidences

BOTH: judgment is set aside / vacated in favor of new judgment

RULE 122 APPEAL

APPEAL proceeding for review by which the whole case is transferred to a higher court for final determination.

GR: ANY party can file (Prosecution / Accused)

XPN: If Accused will be placed in double jeopardy (limitation of prosecutions right to appeal)

MR/MNT Only accused can file

Appeal both parties can file XPN: If accused will be filed in double jeopardy

Instances when prosecution can appeal:

1. When prosecution is deprived of due process of law

Ex: MTQ was filed by the accused, it was granted by court, prosecution can appeal because there is NO double jeopardy since there was
NO arraignment yet.

2. Insofar as the civil liability aspect is concerned

Ex: Court rendered decision acquitting Accused on the ground of reasonable doubt, but the court wasnt able to determine the
accompanying civil liability

- Appeal is only limited to the civil liability aspect of the case this justifies Sec. 1, Rule 122 why appeal can be made by ANY party

MODES OF APPEAL & WHERE TO APPEAL:

1. MTC -> RTC = by Notice of Appeal (NOA / Ordinary Appeal) + pay corresponding fees, unless exempted

2.
RTC

Original Jurisdiction Appellate Jurisdiction

Questions of Questions CA
FACTS & LAW of LAW
Petition
for Review 3. PD 1606 MTC -> RTC -> SB
(R,42)

CA
- Rule on appeal in SB instead of CA
SC

NOA + Petition for CASES COVERED:

appeal Review on
fees
1. Violations of Anti-graft & Corrupt Practices Act
Cert. (45)
2. Cases committed by public officers & employees in relation to the performance of their
official functions

Accused SALARY GRADE 27, if below 1st / 2nd level courts depending on the penalty of the offense

GR:

DECISIONS OF SB -> SC: Petition for Review on Certiorari (45)

DECISIONS OF CA -> SC: Petition for Review on Certiorari (45)

XPN: DEATH PENALTY (Pp. vs. Mateo)

CA -> SC: Automatic Appeal

RECLUSION PERPETUA / LIFE IMPRISONMENT = NOA + serve to adverse party; no automatic appeal

ORDINARY APPEAL:

1. RTC -> CA
2. CA -> SC

Difference between penalties originally RP/LI and penalty of Death reduced to RP/LI:

Former Illegible for parole

Latter not illegible for parole
Death / RP / LI: RTCs decision ordinary appeal to CA (NOA) and then ordinary appeal again to SC

All other cases: CA-> SC = R.45

Automatic Appeal only for death penalty

What happens if Accused, DURING appeal:

1. Jumps bail
2. Escapes prison
3. Flees to another country

GR: Appeal will be DISMISSED

XPN: When penalty is DEATH by virtue of automatic appeal.

REASONS:

1. It will deprive the government of its power to review cases with death penalty
2. Since it is an automatic appeal, there is no act needed to be done by the Accused, he doesnt need to file any notice of appeal
anymore

Addtitional Notes for Withdrawal of Appeal (Rule 122)

Can an apeal be withdrawn? When can that happen?

Whether RTC or MTC it is a matter of right before the clerk of court transmits the records of the case to the
proper apellate court. However, if the Clerk of Court has already transmitted the records to the Apellate Court
you can still file a motion to withdraw your appeal before the court renders a decision, however it is already
discretionary upon the court.

Rule 123 Procedure in the MTC

Procedure in Municipal Trial Courts

Uniform with procedure in RTC

o XPN, If the law provides otherwise
o Those covered by rules of SUMMARY PROCEDURE

Cases Covered by RULES OF SUMMARY PROCEDURE (Criminal Cases)

Those whose penalty does not exceed 6 months imprisonment or fine not exceeding P1000.00 excpet in cases of damages
through reckless imprudence involving property if the fine does not exceed P10,000.00
Violations of Traffic rules, law and regulations
Rental Law

Distinctive Characteristics of Cases covered by rules on summary procedure as compared to the regular rules

1. Upon Filing of Complaint or Information

No warrant of arrest is issued by the court instead the court issues an order requiring the accussed to submit his
counter affidavit and the affidavit of his witnesses within ten days (10) from receipt of the order that is why bail is not
required. It is only when the accussed cannot comply with the order when the court is allowed to issue a warrant for
his arrest.
o Instances when court may issue a warrant of arrest for cases covered by rules on summary procedure
Failure to appear without justifiable reason
Failure to submit his affidavit, counter-affidavit
When his presence is required and he fails to appear
2. Affidavits
Submission of Affidavits of Witnesses must be done within 3 days from the conduct of the preliminary conference
otherwise such witnesses may not be allowed to testify. The affidavit which must be based on personal knowledge
serves as the direct testimony of the witness.
3. Rule on Prohibited pleadings such as Motion to Quash/Dismiss except on the grounds of
Lack of Jurisdiction
Failure to Comply with condiiton precedent
i. Referral to the Lupon
1. Required when the parties are residents of the same place
2. Penalty does not exceed 1 year
 3. The complaint for conciliation is filed where the respondent resides at the election of the plaintiff
4. XPN, No referral to lupon required when the accussed is arrested without a warrant
4. Can a court forego hearing in cases covered by summary procedure?
NO. In a case decided by the Supreme Court hearing is required because there has to be an opportunity on the
part of opposing counsel to conduct their cross examination because this is a criminal case unlike in civil cases
where the parties are just required to file their position papers.

5. On appeal, is the case still covered by the rules on summary procedure?

No. It now follows the Regular Rules.

Rule 124 Procedure in Court of Appeals

Note:
Appeal would only concern those who appeal. For those who did not appeal are not affected except when the decision of the court is
favorable to them.
Appeal on the civil aspect shall not affect the criminal aspect of the case.
When you serve appeal, you serve it to the other party.
all pleadings should be filed with the public prosecutor all the time.

What is the effect if the appeal does not show proof that you served it to the other party? Would it affect the validity of the notice of appeal?
- No. not fatal to the appeal. What is important is that you file the appeal within the period to file such.
It is not necessary that the counsel will file the notice of appeal. Appellant may sign and file such.
In case when appellant is not assisted with counsel, what is the obligation of the CA?
- Court should provide or give counsel de officio.

What if its the other way around, you are not indigent, can you still seek the appointment of counsel de officio?
- Yes. But there is time limit. It must be invoked within 10 days. Its not automatic. For all others you may file a motion to the court for
appointment of counsel de officio.

The records of the appeal is already with the appellate court. What should be the steps that should be taken?
- Within thirty (30) days from receipt by the appellant or his counsel of the notice from the clerk of court of the Court of Appeals that the
evidence, oral and documentary, is already attached to the record, the appellant shall file seven (7) copies of his brief with the clerk of
court which shall be accompanied by proof of service of two (2) copies thereof upon the appellee. Also, within thirty (30) days from the
receipt of the brief of the appellant, the appellee shall file seven (7) copies of the brief of the appellee with the clerk of court which shall
be accompanied by proof of service of two (2) copies thereof upon the appellant.

Can there be reply?

- Yes. Within 20 days from receipt of appellees brief.

In terms of the appellants brief? What is the major difference between one of that criminal case and civil case?
- In civil cases there must be assignment of errors but in criminal case it is not necessary. Because in criminal case the entire case is open
for review.

30 days to make appellants brief, can this be extended?

- Not allowed except on good and substantial cause before the lapse of 30 day period.

NOTE:
failure to file appellants brief within period is a ground for dismissal of the appeal.
EXP: unless the accused is assisted by a counsel de officio.

Along with that ground, what are the other grounds for dismissal of appeal in CA?
- Appellant escapes from prison or confinement, except in automatic appeal;
- Appellant failed to file his brief within the time prescribed by this rule, except when he is represented by counsel de officio;
- Appellant jumps bail; and
- Appellant flees to a foreign country during the pendency of appeal except in automatic appeal.

How does CA decide a case?

- in quorum. There must be a unanimous vote of 3 justice. If this will not be achieved, the court will appoint additional 2 justices to form a
special division. Here, there must be a majority vote.

Can there be a motion for new trial before CA?

- Yes. After the perfection of appeal but before CA renders judgement on the ground of newly discovered evidence.
- In an appeal from MTC to RTC , there are 2 grounds namely: Newly discovered evidence and errors of law or irregularities prejudicial to
the substantial rights of the accused.

When can you file MR in appeal in CA?

- 15 days from notice or receipt of the decision of the appellate court.

Wat will happen during the pendency of MR? case shall be suspended.

Generally Can we issue mittimus? No. it is also suspended. But in one SC Circular if the accused is already convicted by the RTC, we can already
issue mittimus.

Mittimus- is an order where we should place or to whose custody the accused maybe brought to serve his sentence.
Rule 125 Procedure in the Supreme Court
What are the instances where a case is brought to the SC?
1. Automatic review in cases penalized by death penalty.
2. Ordinary appeal. i.e. cases from the CA where the CA on appeal affirmed the decision of the RTC which cases are penalized by reclusion
perpetua or life imprisonment.
3. Appeal by Petition for review on certiorari under rule 45. This is usually limited to pure questions of law

Can there be instances when SC may disturb the findings of facts of CA in cases of appeal via petition for review on certiorari in rule 45 which deals
on pure question of law?
- Yes there are 10.
1. The finding is grounded entirely on speculation, conjectures, and surmises;
2. When the inference made is manifestly absurd, mistaken or impossible;
3. When there is rave abuse of discretion in the appreciation of facts;
4. Judgment is premised on a misapprehension of facts;
5. Finding of facts are conflicting;
6. When the CA went beyond the issues of the case and the same is contrary to the admissions of both appellant and appellee; and
7. When certain material facts ad been overlooked which if taken into account would alter the result as it would give rise to reasob]nable
doubt to acquit the accused.
( 7 LA IT ADI AK COPY)

How would the SC decide a case?

- There must be a majority vote when justices sit whether in en banc or in division.

What if there is no majority?

- When the Supreme Court en banc is equally divided in opinion or the necessary majority cannot be had on whether to acquit the
appellant, the case shall again be deliberated upon and if no decision is reached after re-deliberation, the judgment of conviction of the
lower court shall be reversed and the accused acquitted.

Rule 126 - SEARCH AND SEIZURE

Search Warrant
Requisites for the issuance of a search warrant:
1. It must be for one specific offense only;
2. It must be issued upon probable cause;
Probable cause for the issuance of a warrant of arrest is different from the concept of probable cause for the
issuance of a search warrant.

Search warrant - directed to a thing

Warrant of arrest - directed towards a person

Probable cause for the issuance of a search warrant

such facts and circumstances which could lead a reasonably discreet and prudent man to believe that an offense has been
committed and that the objects sought in connection with the offense are in the place sought to be searched.
3. Probable cause must be determined personally by the judge;
4. Probable cause must be issued after examination under oath or affirmation of the applicant and the witnesses,
5. The search warrant must be issued particularly describing the place to be searched and the objects or things to be seized.
There must be particularity in the context of the place to be searched and the things to be seized.

Search warrant can be applied and effected anywhere in the Philippines. The rule does not specifically determine
whether it can apply to government facilities.

Particularly describing the place to be searched : how is this interpreted? Is it necessary that the search warrant must
actually describe and state that it should in this room in the house of Juan dela Cruz? What about if the warrant only
states that you are commanded to make the search in the house of Juan dela Cruz, did it comply with the
requirements of the law? Is it necessary that the warrant would state that you must search this in the bedroom for
example, in the first story of the house of Juan dela Cruz? What about if the warrant says you are only commanded
to search the house of Juan dela Cruz situated at 153 Real St., Tacloban City. Did it make the warrant defective
there?
there was a case where the search warrant only says "search in the house of Juan dela Cruz at 153 Real St., Tacloban City,
that was considered by the Supreme Court as sufficient in the context of the requirement that the search warrant must particularly
describe the place to be searched. Meaning, it is not necessary that the warrant must specifically state that you should make the
search in a room located in the first story of the house of Juan dela Cruz, because according to the rules, as long as you mentioned
"in the house of Juan dela Cruz", and particularly describing where the house is actually located, according to the Supreme Court in
certain cases, it already complied with the requirement that there must be a particular description as where the place of the search
is to be made. But ako when I issue a search warrant, I see to it that I state the room, for example to avoid any implications later.
Nobody can effect any search without a validly issued search warrant, but the law of course admits of certain exceptions:
1. Search incidental to a lawful arrest
the person must be committing, about to commit or has committed a crime, then automatically a search is made to find out
whether that person to s in possession of dangerous weapons, or any other effects which would be used in the commission of the
crime.

What about if the arrest was made in the school here and the search was made at the V&G Sub-City Police Office?
the search is already illegal because the search incidental to a valid arrest must be made in the place where the person is
arrested. Meaning, the search incidental to a valid arrest must not be separated by time and place. So the search should be made
right where the person is actually lawfully arrested, because if you still have to bring the person to another place, other than the
place where he was arrested lawfully because he was committing a crime, then according to certain decisions of the Supreme Court,
it cannot be considered a valid search incidental to a valid arrest, because it is already separated by time and place. Precisely, the
law used the word "incidental" to a valid arrest, which presupposes that the search must be made right in the place where the
person is arrested.

2. Search of moving vehicles (you know that already, the case of Carol)
3. Seizure of evidence in Plain View (most important, always asked in the bar)
What are the rules here for seizure of evidence in Plain View? When can a seizure of evidence in plain view be
considered a valid exception to a search without a warrant?
3 requisites for a valid seizure of evidence in plain view (see Pamaran)
Arresting officer must be in the place where he is supposed to be
he saw an evidence by his own eyes
Evidence must be immediately apparent without need for further search

Would there be seizure of evidence in plain view if the officers are armed with a search warrant? Tapos in the
process of effecting the search warrant, they were able to see illegal items, then they got these items, and since
these are prohibited drugs for example, they filed a suit against the accused, would that be in the category of seizure
of evidence in plain view? Can the exception of seizure of evidence in plain view be considered as an exception if this
is a case where the officers entered the house of Juan dela Cruz by virtue of a validly issued search warrant if in the
process of implementing the search warrant inside the residence of Juan dela Cruz they were able to find some
prohibited drugs or articles and took these and filed a case against the accused? And the accused raised that that
cannot be valid,because that is not covered by the search warrant, because a search warrant must particularly
describe the objects to be seized. But the police officers would say that is a seizure of evidence in plain view. In your
own opinion, if that is asked in the Bar, how would you answer that? Would that still be considered as admissible in
the context of Sec. 2, Art. III of the 1987 Philippine Constitution?
It depends. It can be admissible if the prohibited items seized were actually in the Plain View of the police officers. So that if
the arresting officers in the process of effecting the search warrant have to practically open everything inside the room on the
pretext that there is a search warrant and accidentally were able to find particular iterms, then that would not be considered a
seizure of evidence in plain view. But be that as it may, Pamaran cited a case used by courts in deciding whether the exception
would be applicable. He enumerated 3 requisites before a seizure of evidence in plain view can be considered as valid.

There was a case where if the police officers are armed with a search warrant, then that cannot be considered daw as
seizure of evidence in plain view because if the police officers are armed with a search warrant, there can be seeking to look in every
corner of the place where the search warrant is supposed to be effected, then the concept of inadvertence would not be applicable.
Inadvertence meaning, the seeing of the object must be inadvertently, because this was seen right from the eyes of the
police officers. Precisely, in a checkpoint, if the police officers manning the checkpoint told one passing vehicle to stop, then upon
seeing the inside of the vehicle, they were able to see some dangerous drugs there, incontestably we can say that that is the perfect
example of seizure of evidence plain view. Like the case of Mark Anthony Fernandez, where the items were seen right from the eyes
of the police officers who are actually manning the checkpoint. That's the best example for me of the concept of the seizure of
evidence in plain view.

Two important exceptions:

(Take note nalang of the other exceptions, you've taken that up in Political Law)
2. Search incidental to a valid arrest; and
3. Seizure of evidence in plain view.

There is also another exception: where there is a waiver of that right.

What are the requisites so that a waiver can be considered valid? Meaning, you allowed the police officers to enter your house, and
allowed the officers to conduct a search in your house without a search warrant, would that be considered as a waiver, which would
fall as an exception to the rule?

Here is a case:
Two police officers, knocked at the door of the house of Juan dela Cruz, and asked permission from him that they be
allowed to make a search inside one of the bedrooms. Juan dela Cruz allowed them to go inside the bedroom and
 then they conducted a search. They were able to find prohibited drugs inside. Juan dela Cruz was sued for violation
of of R.A. 9165. Would the evidence presented be considered there as admissible?
I am more particular with the fact that the one waiving must know the existence of that right, and if you look at the
question, apparently Juan did not know that he had that right. If they are nit aware that that right exists, then definitely it did not
comply with the requirements of the exception on waiver in so far as the application for search warrant is concerned. I am focusing
on the element the dapat the one waiving must know that that right exists, because if the person will be able to prove that he did
not know that that right exists, then definitely the evidence presented would inadmissible on the ground of the exclusionary clause
of the 1987 Philippine Constitution, the fruit of the poisonous tree doctrine.

Requisites for a valid waiver:

Existence of the right
That the person involved had knowledge of the existence of such right
Actual intention to relinquish that right, voluntarily.

Where can you file an application for a Search Warrant?

General Rule: before the court where the crime is committed
Exception:
if there is already a pending criminal case, the search warrant can only be filed in the court where the criminal case is
pending
For compelling reasons, it can be filed in any of the courts within the Judicial Region. That would mean, in the 8th Judicial
Region, that would cover Samar, Biliran, S. Leyte and Leyte itself.

Compelling Reason: there is no case yet where the Supreme Court tried to give you a specific concept of what
compelling reason is all about. There was one case of Malaluan vs CA, where the Supreme Court said that compelling
reason is based on exigency of time and place and situation. It never gave one specific ground which can be
considered as a compelling reason to which will warrant the application of a search warrant in any court within the
Judicial Region. At the end of the day, it now depends on the exercise of judicial discretion. In fact, if you look at the
provisions of the Constitution and Rule 126, it did not even say that the application for a search warrant shall only be
before the RTC, which means to say, in my own interpretation, you can also apply for a search warrant before a first
level court. That is what is happening naman talaga, for compelling reason, they always anchor that on leakage of
information as a compelling reason. I don't know if the SC would consider leakage of information as a compelling
reason to warrant the application of a search warrant in any of the courts within the judicial region.

If you feel that the warrant is not valid because it did not comply with the requirements of the rules, what are alternative courses of
action which can be undertaken by the person involved?
Motion to Quash the search warrant

Where will you file the Motion to Quash the search warrant?
if the case is already filed : in the court where the case is filed
if there is no case filed yet : in the court which issued the warrant

Can the order of the court quashing the search warrant be appealed?
case of Worldwide Web Corporation vs People, Jan 13, 2014, where the SC held that:
if no criminal case is filed yet - appeal is the appropriate remedy
if a criminal case is already filed - appeal is not allowed

When can you file the motion to quash the search warrant? (presuming a case is already file in court) *this is a very important
question* Must it be filed before the accused enters his plea? Or at any stage of the proceedings? apparently even section 14 did
not mention when to file.
- before the presentation of evidence by the prosecution because if the motion to quash is granted, there will be no evidence and
the case can be dismissed.
- can also be before arraignment because if the court orders the quashal of the warrant, the evidence will be inadmissible and there
is now no evidence to talk about.

Objections to the illegality of the arrest must be made before the accused enters his plea. Otherwise the same is deemed waived.

Search Warrant is only good for 10 days. Unlike a warrant of arrest which is good forever until after the accuses is actually arrested
or until after quashed or revoked by the court itself

You failed to file a motion to quash? What is another remedy? Can you file a motion to suppress evidence? - Yes.

When can you file the motion to suppress evidence? Until when can you file it?
- It can be filed at any stage of the proceedings as long as the court has not yet issued an order admitting the evidences. Because
when the court has already issued an order admitting the evidences, there is nothing to suppress already.

Both remedies can be used, if your motion was not filed in time, you still have another remedy and that is to file a motion to
suppress evidence. If the court grants the motion to suppress evidence, there is no evidence to talk about and eventually, your client
should be acquitted

Two remedies:
If you want to question the legality of the issuance of the search warrant - motion to quash the search warrant, or file a motion to
suppress evidence.

If the motion to quash fails, can you still file a motion to suppress? For me yes. Because the law did not say that if you file a motion
to quash the search warrant, it will already bar the filing of motion to suppress evidence. Precisely, you file the motion to suppress
so that the court will not admit the evidences presented by the prosecution on the ground of the exclusionary clause of the 1987
Philippine Constitution.

Here is a search warrant issued by the court, in terms of the implementation of the search warrant, what is the requirement set
forth by Rule 126?
it should be done in the presence of the owner, the lawful occupant, in the absence thereof, in the presence of two or more
witnesses of sufficient age and discretion residing within the same locality.

If this is not complied with by the implementing officers, what crime did they commit in criminal law?
Searching Domicile without Witnesses

What is the obligation of the searching officer to the owner or occupant after the searched is effected?
Sec 11 of Rule 126 : give a copy of a detailed receipt to the owner or occupant of the house. I even acquitted an accused for
the first time in Burauen because the searching officers failed to give a receipt to the owner or lawful occupant of the house.
If in case there is no owner or occupant, and search was made, with two witness of sufficient age and discretion, to whom will they
give their receipt?
Leave a copy of the receipt at the place where the property is seized, that is in the absence of owner or lawful occupant.
(Sec. 11)

Does the duty of the court end upon the issuance of the search warrant?
No.
What is the obligation of the searching officers after implementation of the search warrant?
Make a return of the warrant together with the detailed receipt or inventory under oath.
When should the return of the search warrant be made?
The law says immediately. Meaning after the search warrant was effected, you must immediately make a return of the
search warrant to the court which issued the same. We are even required to have a skeletal force during Saturdays and Sundays for
purposes of receiving returns of search warrants, because the law says it must be returned immediately after its implementation.

In the return, there must be an inventory, a detailed receipt and it must be under oath.

Pursuant to Sec 21 of RA 9165 as amended (sec 21 is already amended now), within 24 hours, the officers should make the return
because within 24 hours you have to submit the drug specimens to the crime laboratory for purposes of laboratory examination.

Is the practice of policemen to submit the drug specimen or firearms immediately to the regional crime laboratory before they make
a return to the court proper?
No. They have to make a return first and if they want the specimen seized to be subjected to laboratory examination, there
must be a motion filed to the court where they made a return to withdraw the seized exhibits for purposes of laboratory
examination. Otherwise, it can be fatal to the case against the accused.

In case of a warrantless search, where will the return be made?

- no return, officers must take custody and preserve the specimen in preparation for the filing of the appropriate case

Rule 127 Provisional Remedies in Criminal Cases

Provisional remedies in Civil cases are likewise available in criminal cases.
Before a party like the complainant, file for a preliminary attachment in the situation called for in one of the grounds
mentioned in this rule, what is the first principle that you have to consider where the remedy of preliminary attachment
is applicable, otherwise this provisional remedy of PA will not be available.
The civil liability is impliedly instituted in the criminal case, so that if the filing of the civil case is expressly
reserved and what is being tried is only the criminal aspect of the case, then there will be no preliminary
attachment which is allowed by the rue.
First rule, the offended party can only avail of this remedy when the civil liability is impliedly instituted in the criminal
case. Because the attachment is centered more on the civil liability.

When can you file?

It can be filed in any stage of the proceeding before final judgment as long as your ground is any of the ground
mentioned herein.

Grounds:
1.when action for recovery is on the a cause of action arising from law, contract, quasi-contract, delict or quasi-delict;
2. when the criminal action is based on a claim for money or property embezzled or fraudulently misapplied or
converted;
3. When the accused has concealed, removed or disposed of his property or is about to do so;
4. when accused resides outside the Philippines and accused is about to abscond.