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(1) the nature of the offense and/or the (2) Voluntary Appearance or
penalty attached thereto; and submission of the accused to the
jurisdiction of the court.
(2) the fact that the offense has been
committed within the territorial
jurisdiction of the court.
Note: voluntary appearance of the
Note: Venue is the same as Jurisdiction in accused is accomplished by:
Criminal cases. It cannot be agreed upon by the
1. Filing pleadings seeking
parties.
affirmative relief.
Reason: venue is jurisdictional. It determines not
Except: challenging the
only the place where the criminal action is to be
jurisdiction of the court over
instituted, but also the court that has jurisdiction
the person of the accused.
to try and hear the case.
Example: (a) a motion to quash
(a) Jurisdiction Over the Subject Matter –
a complaint on the ground of
this refers to the right to act or power
lack of jurisdiction over the
and authority to hear and determine
person of the accused because
cause.
failure to file would be a waiver
It is determined in the allegations in the of the defense of lack of
complaint or information. The jurisdiction over the person; or
averments in the complaint or (b) a motion to quash a warrant
information characterize the crime to of arrest because it is the very
be prosecuted and the court before legality of the court process
which it must be tried. forcing the submission of the
person of the accused that is
It cannot be fixed by the will of the the very issue in the motion to
parties, the court or the accused, or by quash a warrant of arrest.
mere administrative policy of any trial.
Note: Case of former DOJ
Statute applicable – jurisdiction of a Secretary Leila Delima – the
court to try a criminal action is RTC has jurisdiction over the
determined by the law in force at the person of Delima since the
time of the institution of the action, and provision of RA 9165 expressly
NOT the law in force at the time off the provides.
commission of the crime.
2. Giving Bail.
Note: Jurisdiction is determined by the law in 4. When injunction may be issued to restrain
force at the time of the action. criminal prosecution.
Principle of adherence of Jurisdiction (not Gen. Rule: Criminal prosecutions may not be
absolute) enjoined, restrained or stayed by injunction
because public interest requires that criminal
Gen. Rule: it states that once jurisdiction is
acts be immediately investigated and prosecuted
vested in the court, it shall continue to exercise
for the protection of society.
such jurisdiction until the final determination of
the case. (Continuing Jurisdiction) Exceptions:
(8) when it is a case of persecution rather Criminal actions shall be instituted as follows:
than prosecution;
(1) In offenses where a preliminary
(9) when the charges are manifestly false investigation is required – by filing the
and motivated by vengeance; complaint with the proper officer for
the purpose of conducting the requisite
(10) when there is clearly no prima facie case
preliminary investigation; or
against the accused and a motion to
quash on the ground has been denied (2) In offenses which do not require
preliminary investigation – by filing the
(11) where preliminary injunction has been
complaint or information directly with
issued by the SC to prevent the
the MTC or with the Office of the
threatened unlawful arrest of the
Prosecutor. In Manila and other
petitioner;
Chartered Cities, the complaint shall be
Additional: filed with the Office of the Prosecutor,
unless otherwise provided in their
(12) to prevent the use of the strong arm of charters (Rule 110, Sec. 1).
the law in an oppressive and vindictive
manner; and Three – fold doctrine – public officer is criminally,
civilly and administratively liable.
(13) when preliminary investigation is
conducted hastily. Note: Preliminary Investigation – penalty of at
least 4 years, 2 months and 1 day of
imprisonment.
Note: the complaint may be filed by the offended For Non-Private Crimes – persons authorized to
party, any peace officer, or other public officer file a complaint:
charged with the enforcement of the law
(1) The offended party;
violated.
(2) Any peace officer; or
Information – it is an accusation in writing
charging a person with an offense, subscribed by (3) Other public officer charged with the
the prosecutor and filed with the court. enforcement of the law violated (R110,
Sec. 3).
Complaint Information
Persons authorized to file an information:
As to the signing party (1) City or Provincial Prosecutor and their
assistants; and
It may be signed by the It is always signed by the
offended party, any prosecuting officer. (2) Duly appointed Special Prosecutors
peace officer, or other
public officer charged (R110, Sec. 4).
with the enforcement
Remedies if the prosecutor refuses to file an
of the law violated.
information – if the resolution of the Asst.
As to necessity of oath Prosecutor is not favorable to the complainant
and dismisses the same for lack of merit, the
It need not be under oath
complainant may file an MR to the Public
since the prosecuting
It must be sworn to by officer filing it is already Prosecutor. And if the same is also denied, he
the person signing it. acting under his oath of may appeal the case to the Secretary of Justice
office. (DOJ). In case of denial of DOC Secretary, he may
go to the Office of the President or CA or SC.
As to where it is filed
DOJ
MR 10 DAYS
If the accused filed a petition for review before Pardon by the offended party –
the DOJ and the case was already filed in court, generally, pardon must be made before
the court is bound to suspend the arraignment the filing of the information in court
for a period of not exceeding 60 days. except in cases of rape. Marriage
For Private Crimes – The following crimes must between the offender and the offended
prosecuted upon the complaint of the offended party would be effective as pardon even
party: when the offender has already
commenced serving his sentence.
(7) when the court has no jurisdiction over (c) the authority of the private prosecutor
the offense; must be approved by the court;
(8) when it is a case of persecution rather (d) the private prosecutor shall continue to
than prosecution; prosecute the case until the end of trial
unless the authority is withdrawn or
(9) when the charges are manifestly false
otherwise revoked;
and motivated by vengeance;
(e) in case of the withdrawal or revocation
(10) when there is clearly no prima facie case
of the authority of the private
against the accused and a motion to
prosecutor, the same must be approved
quash on the ground has been denied
by the court.
(11) where preliminary injunction has been
Before the CA and SC
issued by the SC to prevent the
threatened unlawful arrest of the Gen. Rule: Only the Solicitor General may bring
petitioner; or defend actions in behalf of the Republic of the
Philippines, or represent the People of the
Philippines or State in criminal proceedings
before the SC and Ca.
Except: (a) when there is denial of due process of Investigation of Prosecutor – Once an
law to the prosecution and the State or its agents information is filed in Court, any disposition of
refuse to act on the case to the prejudice of the the case as to its dismissal or the conviction or
State and the private offended party; and (2) acquittal of the accused rests on the discretion
when the private offended party questions the of the court. The court is not dutifully bound by
civil aspect of a decision of a lower court. such finding of the investigating prosecutor.
Test of Sufficiency – A complaint or information officer charged with the enforcement of the law
shall be sufficient if it states the following: violated.
Note: if real name was discovered thereafter, the As to the signing party
same shall be inserted in the complaint or It may be signed by the offended
information and record. party, any peace officer, or other
Complaint public officer charged with the
Lack of MCLE – the court shall not dismissed the
enforcement of the law violated.
case but the prosecutor shall be held
administratively liable.
It need not be under oath since Effect of the erroneous designation or failure to
the prosecuting officer filing it is make the designation of the offense – the errors
Info or omissions shall not affect the validity of the
already acting under his oath of
office. information, so long as the facts alleged in the
body of the information sufficiently recite the
As to where it is filed essential facts constituting the offense charged.
It may be filed either with the Effect when a qualifying or an ordinary
Complaint office of the prosecutor or with
aggravating circumstance is attendant in the
the court.
offense is not specified in the information – if
It is always filed with the court. they are not alleged in the information, even if
info
proved, they cannot be considered.
more charges which might confuse him in his circumstances of dwelling and insult to the rank,
defense. age and sex of the victim.
Gen. Rule: it must charge only one offense. ISSUE: Is there substantial amendment?
Formal Amendment – the amendment is only in If made before the plea, the general rule is that
form if it does not affect or alter the nature of the any amendment, formal or substantial, may be
offense charged. done without need for leave of court. However,
when the amendment downgrades the nature of
Substantial Amendments – amendments that the offense charged or excludes any of the
are prohibited after the accused has pleaded are accused from the complaint or information, it
amendments in substance. And the substantial shall require a motion by the prosecutor, notice
matters in the complaint or information is the to the offended party and leave of court.
recital of facts constituting the offense charged
and determinative of the jurisdiction of the court. If made after the plea, only formal amendments
All other matters are merely in form. may be made and it shall require leave of court
and such amendment should not be prejudicial
to the rights of the accused. When a fact
Illustration: supervenes which changes the nature of the
crime charged in the information, or upgrades it
FACTS: Juan was charged with murder to which to a higher crime, a substantial amendment may
he pleaded not guilty. After presentation of the be made with a need for a re-arraignment of the
prosecution’s evidence, the Prosecutor moved to accused under the amended information (R110,
amend the information to include aggravating Sec.14).
Note: amendment as to substance after the plea Instances when an information may be
is proscribed, except when beneficial to the substituted – if it appears at any time before
accused. judgment that a mistake has been made in
charging the proper offense, the court shall
Amendment vs. Substitution
dismiss the original complaint or information
upon filing of a new one charging the proper
Amendment Substitution
offense, provided the accused shall not be placed
in double jeopardy.
As to its applicability
10. Venue of criminal actions.
It applies only to
substantial changes in Institution of criminal action
the original charge
Gen. Rule: criminal action shall be instituted in
It applies to both because a new
form and substance. complaint or the courts of the municipality or territory where
information is charged (a) the offense was committed; or (b) any of its
as a substitute for the essential ingredients occurred.
original charge.
Note: This is the principle of
As to necessity of another P.I territoriality. Venue in criminal cases is
jurisdictional.
When amendment is There is a need for
as to form, there is another PI and the Exceptions: are the following:
no need for another accused has to plead
anew to the new (1) when an offense is committed on a
preliminary
complaint. railroad train, in an aircraft, or any other
investigation.
public or private vehicle in the course of
As to applicability of rule on D.Jeopardy its trip – the criminal action may be
instituted and tried in the court or
It involves the same It presupposes that the municipality or territory where such
offense originally new information train, aircraft or other vehicle passed
charged or to an involves a different during such trip, including the place of
offense which offense which does not
departure and arrival;
necessarily includes include or is not
or is necessarily included in the original (2) when an offense is committed on board
included in the charge; hence, the a vessel in the course of its voyage – the
original charge; accused cannot claim criminal action may be instituted and
hence, substantial double jeopardy.
tried in the proper court of the first port
amendments to the of entry or of any municipality or
information after the territory through which the vessel
pleas has been taken passed during such voyage subject to
cannot be made over the generally accepted principles of
the objection of the
international law (R110, Sec.15);
accused, for if the
original information (3) felonies under Art. 2 of the RPC shall be
would be withdrawn, cognizable by the proper court where
the accused could the criminal action was first instituted.
invoke double
jeopardy. (a) Piracy – the venue of piracy, unlike
all other crimes, has no territorial
limits. It may be tried anywhere.
(b) Libel – the action may be instituted libelous matter is published or circulated from
at the election of the offended or one province to another.
suing party in the province or city:
11. Intervention of offended party.
(i) Where the libelous article
Gen. Rule: The offended party has the right to
is printed and first
intervene by counsel in the prosecution of the
published;
criminal action, where the civil action for
(ii) If one of the offended recovery of civil liability is instituted in the
parties is a private criminal action (R110, Sec. 16).
individual, where said
Note: this is still subject to the control of
private individual actually
the prosecutor.
resides at the time of the
commission of the Exceptions: However, the exceptions are:
offense;
(1) Where from the nature of the crime and
(iii) If the offended party is a the law defining and punishing it, no civil
public official, where the liability arises in favor of the offended
latter holds office at the party (e.g. Treason, rebellion, espionage
time of the commission of and contempt);
the offense;
(2) Where the offended party has waived
(4) In cases filed under BP 22 – the criminal his right to civil indemnity;
action shall be filed in the place where
the check was dishonored or issued. In (3) Where the offended party has expressly
case of crossed-check, in the place of reserved his right to institute a separate
depositary or collecting bank; civil action; or
(5) In exceptional circumstances – to (4) Where the offended party has already
ensure a fair trial and impartial inquiry, instituted said action (R110, Sec.16).
the SC shall have the power to order a
change of venue or place of trial to avoid
miscarriage of justice (Constitution
RULE 111
Art.VIII, Sec.5 [4]).
PROSECUTION OF CIVIL ACTION
Transitory Offense – is one where some acts
material and essential to the crime occur in one C. Prosecution of Civil Action
place and some in another, in which case, the 1. Rule on implied institution of civil action with
rule is settled that the court of either province criminal action.
where nay of the essential ingredients of the
crime took place has jurisdiction to try the case, Gen. Rule: the civil action for the recovery of civil
such as estafa, malversation or abduction. liability against the offender is deemed instituted
together with the criminal action (R111, Sec.1).
Continuing Offense – is one which, although all
the elements thereof for its consummation may Exceptions: the civil action is not deemed
have occurred in a single place, yet by reason of instituted in the following cases:
the very nature of the offense committed, the
(a) When the offended party waives the
violation of the law is deemed to be continuing,
civil action;
such as kidnapping, illegal detention where the
deprivation of liberty is persistent and continuing
from one place to another and libel where the
(b) When the offended party reserves his They may proceed independently of the criminal
right to institute a separate civil action; action and shall require only a preponderance of
or evidence. In no case shall the offended party
recover damages twice for the same act or
(c) When the offended party has already
omission.
previously instituted the civil action
prior to the criminal action (R111, RULE 111
Sec.1).
(b) Cases of defamation, fraud and physical (b) Where the civil action raises a
injuries (Art.33); prejudicial question;
(c) Refusal or failure by police to render aid (c) Where the civil action is consolidated
or protection in case to life or property with the criminal action; and
(Art.34); (d) When the civil action is not one
(d) Quasi-delict (Art.2176 NCC). intended to enforce the civil liability
arising from the crime.
2002 Bar – General rule, the acquittal of the by the court pursuant to Sec.16 of Rule
accused does not necessarily exempt him form 3.
civil liability. The accused may be acquitted but
5. Prejudicial question.
accused may still be adjudged civilly liable.
Prejudicial Question – is one which arises in a
Except, the civil action based on delict may be
case, the resolution of which is a logical
deemed extinguished if there is a finding in a final
antecedent of the issue involved therein and the
judgment in the criminal action that the act or
cognizance of which pertains to another tribunal.
omission from which the civil liability may arise
did not exist (R111, Sec.2). Elements: are the following:
4. Effect of death of accused or convict on civil (a) The civil action must be instituted prior
action. to the criminal action;
General Rule: The effects are as follows: (b) The civil action involves an issue similar
or intimately related to the issue raised
(a) If the accused dies before arraignment,
in the subsequent criminal action; and
the case shall be dismissed without
prejudice to any civil action of the (c) The resolution of such civil action
offended party may file a case against determines whether the criminal action
the estate of the accused; may proceed.
(b) If the accused dies after arraignment Note: Resolve the civil action before the criminal
during the pendency of the criminal action.
action, the civil liability arising from the
delict shall be extinguished;
Exceptions: they are the following: 679 SCRA 114 , August 23, 2012
personal bank account. X files a motion to The outline of the rules are the following:
suspend proceedings pending resolution of a civil
(a) No filing fees are required for amounts
case earlier filed in court by X against Y for
of actual damages, except with respect
accounting and damages involving the amounts
to criminal actions for violation of BP22,
subject of the criminal case.
in which case, the offended party shall
ISSUE: As the prosecutor in the criminal case, pay in full the filing fees based on the
briefly discuss your grounds in support of your face value of the check as the actual
opposition to the motion to suspend proceedings damages;
(2000 Bar).
(b) If damages, other than actual (moral,
HELD: I will oppose the motion to suspend exemplary, and other damages), are
proceedings on the grounds that civil case filed specified in the complaint or
by X against Y for accounting and damages does information, the corresponding filing
not involve an issue which is similar or intimately fees shall be paid;
related to the issue of estafa in the criminal
(c) Where moral, exemplary, and other
action, and that the resolution of the issue for
damages are not specified in the
accounting will not determine whether the
complaint or information (the grant and
criminal action may proceed (R111, Sec.7).
amount thereof are left to the sound
Illustration: discretion of the trial court),
corresponding filing fees need not be
FACTS: X allegedly sold to Y a parcel of land which
paid and shall simply constitute a first
X later also sold to Z. Y brought a civil action for
lien on the judgment awarding such
nullification of the second sale and asked that the
damages (R111, Sec.1).
sale made by X in his favor be declared valid. X
theorized that he never sold the property to Y Note: in BP 22, the amount of the check involved
and his purported signatures appearing in the is the actual damages for which no separate civil
first deed of sale were forgeries. Thereafter, an action is allowed.
information for estafa was filed against X based
on the same double sale that was the subject of
the civil action. X filed a Motion for Suspension of
Action in the Criminal Case, contending that the
resolution of the issue in the civil case would
necessarily be determinative of his guilt or
innocence.
HELD: Yes. The issue in the civil action whether X D. Preliminary Investigation
sold the property to Y and whether his purported
signatures in the first deed of sale were forgeries, Preliminary Investigation – it is an inquiry or
is a prejudicial question and the resolution of proceeding to determine whether there exists
which is determinative of his guilt or innocence. sufficient ground to engender a well-founded
If the first sale is null and void, there would be no belief that a crime has been committed and that
double sale and X would be innocent of the the respondent is probably guilty thereof and
offense of estafa. should be held for trial (R112, Sec.1).
complaint or information may be filed or due course. If the accused has been
dismissed by an investigating prosecutor without arraigned “after” the filing of the
the prior written authority or approval of the petition, any arraignment shall not bar
provincial or city prosecutor or the ombudsman the Secretary of Justice from exercising
or his deputy. his power of review;
jurisdiction [Ching v. Sec. of Justice, GR No. (b) where the accused who has been
164317(2006)]. lawfully arrested without a warrant
undergone inquest proceeding (R112,
Note: Sec of DOJ may review, on petition or motu
Sec.9)
proprio. The resolution of the Sec of DOJ may be
brought before SC via Rule 65.
If the accused filed a petition for review before (b) insists on a preliminary investigation;
the DOJ and the case was already filed in court,
(c) raise the lack of PI as an error on appeal;
the court is bound to suspend the arraignment
for a period of not exceeding 60 days. (d) file a petition for certiorari; or
6. When warrant of arrest may issue. (e) file for petition for prohibition.
Warrant of Arrest – it is a legal process issued by Note: the effect of lack of PI: (1) it does not
competent authority, directing the arrest of a invalidate the information; (2) it does not affect
person or persons upon grounds stated therein. the jurisdiction; and (3) it does not constitute a
ground for quashing the information.
Issuance of the warrant of arrest – if the judge,
after examining the resolution of the prosecutor Inquest – is an informal and summary
and its supporting evidence finds probable investigation conducted by a public prosecutor in
cause, he shall issue a warrant of arrest or a criminal cases involving persons lawfully arrested
commitment order if the accused has already and detained without the benefit of a warrant of
been arrested pursuant to a warrant. In case of arrest issued by the court for the purpose of
doubt on the existence of probable cause, the determining whether or not said persons should
judge may order the prosecutor to present remain under the custody and correspondingly
additional evidence. be charged in court.
Arrest is made:
Gen. Rule: No peace officer or person has the Warrantless Arrests; in flagrante delicto –
power or authority to arrest anyone without a Section 5(a) is what is known as arrest in
warrant. flagrante delicto. For this type of warrantless
arrest to be valid, two requisites must concur:
Exception: A peace officer or a private person
(1) the person to be arrested must execute an
may, without warrant, arrest a person: overt act indicating that he has just committed,
(a) when, in his presence, the person to be is actually committing, or is attempting to
commit a crime; and, (2) such overt act is done
arrested has committed, is actually
in the presence or within the view of the
committing, or is attempting to commit
arresting officer.
an offense (in flagrante delicto);
A common example of an arrest in flagrante
(b) when an offense has just been delicto is one made after conducting a buy-
committed, and he has probable cause bust operation.
to believe based on his personal
knowledge of facts and circumstances When to object – Assuming that irregularities
that the person to be arrested has indeed attended the arrest of appellants, they
committed the crime (Hot pursuit); can no longer question the validity thereof as
there is no showing that they objected to the
(c) when the person to be arrested is a same before their arraignment. Neither did
prisoner who has escaped from a penal they take steps to quash the Informations on
establishment or place where he is such ground. They only raised this issue upon
serving final judgment or is temporarily their appeal to the appellate court. By this
confined while his case is pending, or omission, any objections on the legality of their
arrest are deemed to have been waived by
has escaped while being transferred
them.
from one confinement to another
(Escapee) (R113, Sec. 5);
Under Section 13, Rule 126 of the Rules of
Other lawful warrantless arrests: Court, person lawfully arrested may be
searched for dangerous weapons or anything
(d) where a person who has been lawfully which may have been used or constitute proof
arrested escapes or is rescued (R113, in the commission of an offense without a
Sec. 13); search warrant.
(e) when the bondsman arrests a prisoner (g)
out on bail for the purpose of bringing
him to court (R114, Sec. 23); and
Arrest – We have consistently ruled that an By an officer without a warrant – the officer shall
accused is estopped from assailing the legality inform the person to be arrested of his authority
of his arrest if he fails to raise this issue, or to and the cause of the arrest unless the latter is
move for the quashal of the information either:
against him on this ground, which should be
made before arraignment. (a) engaged in the commission of an
offense;
(b) is pursued immediately after its Procedure for the issuance of warrant of arrest
commission; or – the following steps must be followed in the
issuance of a warrant of arrest by a judge:
(c) escapes or flees, or forcibly resists
before the officer has opportunity (1) the judge shall personally evaluate the
to so inform him, or when the giving report and the supporting documents
if such information will imperil the submitted by the fiscal regarding the
arrest (R113, Sec. 8); existence of probable cause and on the
basis thereof, issue a warrant of arrest;
c) By private person
or
By a private person – he shall inform the person
(2) if on the basis thereof he finds no
to be arrested of the intention to arrest him and
probable cause, he may disregard the
the cause of the arrest unless the latter is either:
fiscal’s report and require the
(a) engaged in the commission of an submission of supporting affidavits of
offense; the witnesses to aid him in arriving at a
conclusion as to the existence or
(b) is pursued immediately after its probable cause; and
commission; or
(3) if the judge still finds no probable cause
(c) escapes or flees, or forcibly resists despite the additional evidence, he
before the officer has opportunity shall, within 10 days from its submission
to so inform him, or when the giving or expiration of said report, dismiss the
if such information will imperil the case. When he finds probable cause, he
arrest (R113, Sec. 9). shall issue a warrant of arrest, or a
commitment order if the accused had
4. Requisites of a valid warrant of arrest.
already been arrested, and hold him for
They are: trial. However, if the judge is satisfied
that there is no necessity for placing the
(1) it shall be issued upon probable cause accused under custody, he may issue
which must be personally determined summons instead of a warrant of arrest
by a judge after evaluating the (R112, Sec. 8 (b)).
resolution of the prosecutor and its
supporting documents; and b) Distinguish between probable cause of
prosecutor from that of a judge.
(2) the warrant must particularly describe
the person to be arrested in connection The prosecutor passes upon whether there is
with a specific offense of crime reasonable ground to believe that the accused is
(Constitution Art. III, Sec. 2). guilty of the offense charged and should be held
for trial.
a) Determination of probable cause for issuance
of warrant of arrest. The judge, on the other hand, determines
whether the warrant of arrest should be issued
Probable cause for the issuance of a warrant of against the accused, i.e., whether there is a
arrest is the existence of such facts and necessity for placing him under immediate
circumstances that would lead a reasonably custody in order not to frustrate the ends of
discreet and prudent person to believe that an justice.
offense has been committed by the person
sought to be arrested. The first kind of preliminary investigation is
executive in nature. It is part of the prosecution’s
job.
The second kind of preliminary investigation The right to bail is a constitutional right. Such a
which more properly called preliminary right flows from the presumption of innocence in
examination is judicial in nature and is lodged favor of the accused who should not be subjected
with the judge. to the loss of freedom as thereafter he would be
entitled to acquittal, unless his guilt be proved
Note: John Doe/Jane Doe Warrant of Arrest is
beyond reasonable doubt.
valid. Provided, there is descriptive personae.
Requirement of Custody
Bail – is the security given for the temporary (a) when bail is required to guarantee the
release of a person in custody of the law, appearance of a material witness [R119,
furnished by him or a bondsman, to guarantee Sec. 14];
his appearance before any court as required
(b) when bail is required to guarantee the
under the conditions set forth in the rules (R114,
appearance of a prosecution witness in
Sec. 1).
cases where there is substitution of the
Purposes: information [R110, Sec. 14].
(2) to honor the presumption of innocence 812 SCRA 145 , December 05, 2016
until his guilt is proven beyond
Section 13, Article III of the Constitution
reasonable doubt; and
provides: All persons, except those charged
(3) to enable him to prepare his defense with offenses punishable by reclusion
without being subject to punishment perpetua when evidence of guilt is strong,
shall, before conviction, be bailable by
prior to conviction.
sufficient sureties or be released on
Forms of bail – bail may be given in the form of: recognizance as may be provided by law. The
right to bail shall not be impaired even when
(a) corporate surety; the privilege of the writ of habeas corpus is
suspended. Excessive bail shall not be
(b) property bond; required.
(c) cash bond; or Section 7, Rule 114 of the Rules of Court states
that no person charged with a capital offense
(d) recognizance.
or an offense punishable by reclusion perpetua
or life imprisonment, shall be admitted to bail
when the evidence of guilt is strong, regardless
of the stage of the criminal action.
1. Nature
Thus, from the above cited provisions and in Bail is a matter of discretion where the imposable
cases involving non-bailable offenses, what is penalty is death, reclusion perpetua or life
controlling is the determination of whether the imprisonment in the following cases:
evidence of guilt is strong, which is a matter of
(a) after conviction by the RTC (R114,
judicial discretion that remains with the judge.
Sec.5); and
(c)
(b) before conviction and the evidence of
guilt is not strong.
Right to bail in Extradition Proceedings Bail is neither a matter of right nor discretion in
the following cases:
Gen. Rule: right to bail is available only in
criminal proceedings. (a) where the impossible penalty is death,
reclusion perpetua or life
Exception: only upon clear and convincing imprisonment;
evidence:
(1) after conviction (conviction is due
(1) that once granted, the applicant will not to strong evidence of guilt);
be flight risk or will not pose danger to
the community; and (2) evidence of guilt is strong; and
(2) that there exists especial humanitarian (3) even where the actual conviction is
and compelling circumstances. for a lower penalty; and
(3) that he will comply with all the (b) where the penalty imposes by the RTC is
conditions for purposes of the bail. more than 6 years of imprisonment and
any of the 6 circumstances enumerated
Note: extraditee is not entitled to notice and un R114, Se. 5, par. 3 is present.
hearing before the issuance of the warrant
of arrest. RULE 114
Note: Bail is a matter of discretion in extradition
proceedings and in deportation proceedings Bail
upon the Commissioner of immigration and
Balanay vs. Adalim-White
deportation.
778 SCRA 1 , January 11, 2016
2. When a matter of right; exceptions.
Bail hearing is necessary even if the
All persons in custody shall be admitted to bail as prosecution does not interpose any objection
a matter of right, with sufficient sureties, or or leaves the application for bail to the sound
released on recognizance: discretion of the court.
(a) before or after conviction by the MTC; A grant of bail does not prevent the trial court,
and as the trier of facts, from making a final
assessment of the evidence after full trial on
(b) before conviction by the RTC of an the merits. It is not an uncommon occurrence
offense not punishable by reclusion that an accused person granted bail is
perpetua, life imprisonment or death convicted in due course.
(R114, Sec.4).
(c)
3. When a matter of discretion.
Denial of bail – in the following are bail negating (c) when the accused the accused has
circumstances: waived his writing the right to appeal; or
Recidivist, quasi-recidivist, habitual delinquent or (d) the accused applied for probation.
he committed the offense in the state of
Sec. 24, Rule 114 ROC vs. Probation Law –
reiteraccion or habituality or he escaped from
application for probation allows bail on
penal establishment or he has evaded his service
probation. Applicant has already been removed
of his sentence or violate his conditional pardon,
from the rules of court (PD 968).
parole or if he is a flight risk or he may commit
another offense. 4. Hearing of application for bail in capital
offenses.
Where to file bail – in the following cases:
Capital Offense – is one which, under the law
(a) in the court where the case is pending;
existing at the time of its commission and of the
or
application for admission to bail, may be
(b) in the absence or unavailability of the punished with death (R114, Sec.6).
judge of that court, you may file it with
General rule: capital offense or those punishable
the RTC, MeTC or MTC of the City or
by reclusion perpetua. Life imprisonment or
Province.
death are not bailable when evidence of guilt is
(c) If you are arrested in a place other than strong.
the place where your case is pending –
Except: when evidence of guilt is NOT strong.
RTC of the said place where you are
arrested. Requirement of hearing in capital offenses – a
summary hearing shall be held in order for the
Note: filing is not a question of jurisdiction, but
prosecution to show that evidence of guilt of the
as to the availability of the judge.
applicant for bail is indeed strong (R114, Sec. 8).
Bail; when not available – right to bail is also not
Note: the primary objective of bail is to ensure
available:
that the accused appears at trial.
(1) After a judgment of conviction has
Note: it is not allowed that prosecution offers no
become final;
objection. The burden is on the prosecution to
Note: if he applied for probation before prove that the evidence is strong. Hearing is
finality, he may be allowed temporary mandatory to prove that the evidence of guilt is
liberty under his bail. strong.
(2) After the accused has commenced to Minors charged with capital offense – a minor if
serve his sentence [R114, Sec. 24]; and convicted, would entitle him to a penalty next
lower than that prescribed by law, he is entitled
(3) To military personnel who is an accused
to bail regardless of whether the evidence of guilt
under general court martial.
is strong.
Judgment of conviction becomes final; no bail –
5. Guidelines in fixing amount of bail.
4 ways:
Application for bail shall fix a reasonable amount
(a) after the expiration of 15 days from
of bail considering, but not limited to, the
promulgation or notice of judgment;
following factors:
(b) after or when the sentence has been
(1) financial ability of the accused to give
partially or totally served;
bail;
(2) nature and circumstances of the required cash or bail bond. Instead of
offense; bail, he shall be required to sign in the
presence of 2 witnesses of good
(3) penalty for the offense charged;
standing in the community;
(4) character and reputation of the
(5) where the accused has applied for
accused;
probation and before the same has
(5) age and health of the accused; been resolved but no bail was filed or
the accused is incapable of filing one, in
(6) weight of evidence against the accused; which case he may be released on
recognizance; and
(7) probability of the accused appearing at
the trial; (6) in case of a youthful offender held for
physical or mental examination, trial or
(8) forfeiture of other bail;
appeal, if unable to furnish bail and
(9) the fact that the accused was a fugitive under the circumstances under PD 603
from justice when arrested; and as amended.
Bail is not required in the following instances: (2) when accused confesses to the
commission of the offense unless he
(1) a person who has been in custody for a later repudiates the same in a sworn
period equal to or more than the statement or in open court as having
possible maximum imprisonment been extracted through force or
prescribed for the offense charged., intimidation;
without prejudice to the continuation of
the trial or the proceedings on appeal; (3) when accused is found to have
previously escaped legal confinement,
(2) a person accused of an offense with a evaded sentence, or jumped bail;
maximum penalty of destierro shall be
released after 30 days of preventive (4) when accused is found to have
imprisonment; violated sec. 2, RA 6036, which
provides that the violation of the
(3) a person in custody for a period equal to accused of the sworn statement
or more than the minimum of the (required instead of bail) shall justify
principal penalty prescribed for the the court to order his immediate
offense charged shall be released on a arrest, if the failure of the accused to
reduced bail or on his own report is not justified;
recognizance, at the discretion of the
court (R114, Sec. 16); (5) accused is a recidivist or habitual
delinquent or has been previously
(4) when the offense charged is a violation convicted for an offense to which the
of an ordinance, light felony or a law or ordinance attaches an equal or
criminal offense, the impossible penalty greater penalty or for two or more
wherefore does not exceed 6 months of offenses to which it attaches a lighter
imprisonment and/or fine of P2,000 penalty;
under RA 6036 where said person has
established that he is unable to post the
(6) accused committed the offense while Within 30 days from an order of forfeiture:
on parole or under conditional
(a) produce the body of the accused or give
pardon; or
reasons for his non-production; and
(7) accused has been previously been
(b) explain why the accused did not appear
pardoned for violation of
before the court when first required to
municipal/city ordinance for at least
do so.
two times.
Failing in these two requirements, a judgment
7. Increase or reduction of bail.
shall be rendered against the bondsmen, jointly
Bail may be increased or decreased – the court and severally, for the amount of bail.
upon good cause wither increase or decrease the
Cancellation of the bond; when – bail may be
amount of bail (R114, Sec. 20).
cancelled by application of the bondsmen with
Increased bail – the accused maybe committed due notice to the prosecutor, upon surrender of
to custody if he does not give bail in the increased the accused or proof of his death. The bail may
amount within a reasonable period of time also be deemed automatically cancelled upon
[R114, Sec. 20]. acquittal of the accused, dismissal of the case or
execution of judgment of conviction (R114, Sec.
Reduced bail – a person in custody for a period
22).
equal to or more than the minimum of the
principal penalty prescribed for the offense In case of denial of the application for
charged may be released on a reduced bail bond cancellation of bail – the order of court denying
[R 114, Sec. 16]. it could be appealed from, for if such order is not
appealable, it would become final, without
8. Forfeiture and cancellation of bail.
ulterior remedy, and would work irreparable
If the accused fails to appear in person as injury to the petitioner.
required by the court or the rules, his bail shall be
Jumped bail; Illustration:
declared forfeited. An order of forfeiture of the
bail bond is conditional and interlocutory, there Trial in absentia – the accused shall be arraigned.
being something more to be done. The
FACTS: Accused has posted bail – before
bondsmen are allowed within 30 days from an
arraignment – then he jumped bail
order of forfeiture to produce the body of the
accused or give reasons for his non-production HELD: the court cannot dismiss the case – the
and explain why the accused did not appear court has only lost jurisdiction over the person of
before the court when first required to do so. the accused and not over the case.
Failing in these two requirements, a judgment
shall be rendered against the bondsmen, jointly Posted bail before Issuance of warrant – FACTS:
and severally, for the amount of bail. Accused has posted of bail in other court before
the issuance of the warrant of arrest by another
court – then he asked for judicial determination
of probable cause before the judge where the
The court shall issue an order of forfeiture,
case was actually pending (another court).
wherein:
The prosecution state that the accused has
(1) the provisional liberty of the accused
waived his right for the judicial determination of
due to the bail bond shall be revoked;
probable cause. Renders the case moot and
and
academic for posting the bail.
(2) it shall require the bondsmen to
produce the principal.
HELD: SC states that there must be a clear and the Philippines without the permission of the
convincing proof that petitioner has an actual court where his case is pending, he may be re-
intention to relinquish his right to question the arrested without warrant [R114, Sec. 23].
existence of probable cause.
Who may issue – an HDO may be issued either
He posted bail only to prevent his arrest. by the RTCs or by the DOJ.
“Imperative necessity.”
Issuance of RTC; in what cases – shall pertain to
9. Application not a bar to objections in illegal criminal cases falling within their exclusive
arrest, lack of or irregular preliminary jurisdiction, pursuant to SC Circular 39-97.
investigation.
As to those pending in the MTC as well as those
The objections in illegal arrest must be raised under preliminary investigation, the DOJ
before the accused enters his plea; otherwise, promulgated DOJ circular No. 41 governing the
they shall be deemed waived. issuance of HDO, Watch-list Oder, and Allow
Departure Orders.
Remedies available to the accused – the accused
may file a: Issuance of the DOJ; when – an HDO may be
issued by the DOJ in the following cases:
(a) motion to quash under Rule 117 if the
ground is irregularity of his arrest or (1) against an accused irrespective of
irregularity of the warrant of arrest; nationality, in criminal cases falling
within the jurisdiction of courts below
(b) motion for preliminary investigation or
the RTCs;
reinvestigation, if the ground is lack or
irregularity in the conduct of the (2) against the alien whose presence is
preliminary investigation. required either as a defendant,
respondent or witness in a civil or labor
RULE 114 cases pending litigation, or any case
before an administrative agency; or
Bail
(3) against any person, motu proprio, or
People vs. Brita upon the requires of the head of the
department of government; the head of
741 SCRA 494 , November 24, 2014 a constitutional body or commission;
A grant of bail does not prevent the trial court, the Chief Justice of the SC for the
as the trier of facts, from making a final judiciary; the Senate Speaker or the
assessment of the evidence after full trial on House Speaker for the legislature, when
the merits. the adverse party is a government or
any of its agencies or instrumentalities,
It is not an uncommon occurrence that an or in the interest of national security,
accused person granted bail is convicted in due
public safety or public health.
course.
(c) Sec of DOJ; Watch List Order – in the following
circumstances:
review, or MR before the DOJ or nay of Plea – it pertains to the matter which the
its provincial or city prosecution offices; accused, on his arraignment, alleges answer to
and the charge against him.
(3) against any person, either motu It is a formal response of the accused required
proprio, or upon the request if any after the complaint or information has been read
government agency, including to him. It is a brief answer to the accusation by
commissions, task forces or similar declaring in open court either the words “guilty”
entities created by the Office of the or “not guilty.”
President, pursuant to RA 9208 (Anti-
General Rule: arraignment must be made before
Trafficking In Persons Act of 2003)
the start of the trial or before the prosecution
and/or in connection with any
presents its case.
investigation being conducted by it, or
in the interest of national security, Exception: arraignment which was made after
public safety or public health. the prosecution rested its case was considered a
non-prejudicial error because:
RULE 115
RIGHTS OF THE ACCUSED (a) counsel of the accused failed to object
lack of arraignment during trial; and
Rights of the accused –
(b) counsel of the accused had full
Bantay bayan – considered as police since the opportunity to cross-examine the
latter is a person in authority. witnesses.
(6) the accused must be present during necessarily included in the offense charged
arraignment and must personally enter [R116, Sec. 2].
his plea
After Arraignment But Before Trial – the accused
Note: counsel cannot enter plea for may still be allowed to enter his plea of guilty to
accused; a lesser offense after withdrawing his plea of not
guilty. No amendment of the complaint or
(7) both arraignment and plea shall be
information is necessary [R116, Sec. 2].
made on record but failure to enter of
record shall not affect the validity of the After Trial Has Begun – a plea of guilty to a lesser
proceedings [R116, Sec. 1 (a-b)]. offense after the prosecution rests its case is
allowed only when the prosecution does not
2. When should plea of not guilty be entered.
have sufficient evidence to establish guilt for the
A plea of NOT GUILTY should be entered in the crime charged [People v. Villarama (1992)].
following circumstances:
Note: the SC held that plea of guilty to a lesser
(a) when the accused so pleads; offense may be considered during the trial
proper even after the prosecution has presented
(b) when the accused refuses to make a its evidence and rested its case. Thus, it is
plea; immaterial that plea bargaining was not made
during the pre-trial stage or that it was made
(c) when the accused makes a
after the prosecution presented several
conditional plea of guilt;
witnesses [Daan v. Sandiganbayan (2008)].
(d) when in admitting the act charged, he
Effect if without consent – the conviction of the
sets up matters of defense or with
accused to the lesser offense is not a bar to
lawful justification; or
another prosecution for an offense which
(e) when the plea is indefinite or necessarily includes the offense charged in the
ambiguous. former information.
Conditional plea of guilty – it is a plea entered by 4. Accused pleads guilty to capital offense, what
the accused subject to the proviso that a certain the court should do.
penalty be imposed upon him. It is equivalent to
When the accused pleads guilty to a capital
a plea of not guilty.
offense, the court should:
3. When may accused enter a plea of guilty to a
(a) conduct a searching inquiry into the
lesser offense.
voluntariness and full comprehension of
The requisites are: the consequences of the plea;
(a) the lesser offense is necessarily included (b) require the prosecution to present
in the offense charged; evidence to prove the guilt and precise
degree of culpability of the accused; and
(b) the plea must be with the consent of
both the offended party and the (c) ask the accused if he desires to present
prosecutor, except when the offended evidence in his behalf and allow him to
party fails to appear despite due notice. do so if he desires [R116, Sec. 3].
The plea must be clear, definite and There are two tests to determine insanity:
unconditional. It must be based on a free and
(1) Test of Cognition – which requires
informed judgment.
complete deprivation of intelligence;
The judge must ask whether the accused was and
assisted by counsel during custodial investigation
(2) Test of Volition – which requires a total
and PI; ask questions on age, educational
deprivation of free will.
attainment and socio-economic status; and ask
the defense counsel whether or not he conferred Bill of particulars – the accused may, before
with the accused. arraignment, move for a bill of particulars to
enable him properly to plead and prepare for
6. Improvident plea.
trial. The motion shall specify the alleged defects
Improvident plea – it is a plea of guilty made of the complaint or information and the details
without proper advice, or recklessly entered by desired [R116, Sec. 9].
the accused without comprehending its
seriousness and consequences.
Time to move to quash – as a rule, it can be filed The following grounds for Motion to Quash are
at any time before entering his plea, the accused exclusive: memorize
may move to quash the complaint or information
(1) that the facts charged do not constitute
[R117, Sec. 1].
an offense;
Exceptions: when the grounds relied upon the
(2) that the court trying the case has no
motion are: (FLED) memorize
jurisdiction over the offense charged;
(a) Failure to charge an offense;
(3) that the court trying the case has no
(b) Lack of jurisdiction over the offense jurisdiction over the person of the
charged; accused;
(c) Extinction of the offense or penalty; or (4) that the officer who filed the
information had no authority to do so;
(d) Double jeopardy.
(5) that the information does not conform
RULE 117 substantially to the prescribed form;
753 SCRA 275 , March 16, 2015 (7) that the criminal action or liability has
been extinguished;
Arrests; Motion to Quash – Jurisprudence is
settled that “any irregularity attending the (8) that it contains averments which, if true,
arrest of an accused should be timely raised in would constitute a legal excuse or
a motion to quash the Information at any time justification; and
before arraignment, failing [in] which, he is
deemed to have waived” his right to question (9) that the accused has been previously
the regularity of his arrest. convicted or acquitted of the offense
charged, or the case against him was
(e) dismissed or otherwise terminated
without his express consent [R117, Sec.
3].
Form and content – it must be:
Note: although the rule is that grounds not
(a) in writing; asserted in the motion to quash are waived, the
following objections are not subject to waiver:
(b) signed by the accused or his counsel;
and (a) facts charged do not constitute an
offense;
(c) distinctly specify the factual and legal
grounds [R117, Sec.2]. (b) court trying the case has no jurisdiction
over the offense charged;
Omnibus Motion Rule – a motion attacking a
pleading, order, judgment, or proceeding shall (c) criminal action or liability has been
include all objections then available, and all extinguished; and
objections not so included shall be deemed
waived. (d) double jeopardy.
Except: on the ground of lack of jurisdiction over Grant does not Grant is deemed an
the offense charged, a trial court cannot motu necessarily follow a acquittal and would
propio quash an information. dismissal. The court prejudice the filing of
may order the filing of another information
2. Distinguish from demurrer to evidence.
a new complaint or or appeal by the
information because prosecution.
Motion to Quash Demurrer to an order sustaining
Evidence the motion is
When filed generally not a bar to
another prosecution.
Filed before entering Filed after the
plea. prosecution has
As to effect if denied
rested its case.
The case will proceed. If with leave a court,
Basis for grant or denial
the accused may still
Does not go into the Based upon present its evidence. If
merits of the case but inadequacy of the without prior leave,
is anchored on evidence adduced by he loses the right to
matters not directly the prosecution in present evidence.
related to the support of the
question of guilt or accusation. Remedy
innocence of the
Rule 65: Certiorari or The denial is not
accused.
prohibition if the appealable.
Grounds court acted without or
in excess or
The grounds may be Ground is jurisdiction or with
based on the matters insufficiency of grave abuse of
found on the face of evidence to convict. discretion.
the complaint or
information as when it
is alleged that the
facts do not constitute
an offense. RULE 117
Rule 177: no need for Rule 119: either with Soriano vs. People
leave of court. leave or without leave
611 SCRA 191 , February 01, 2010
of court.
We further held that since the offenses for
Effect of grant which Soriano was charged were public crimes,
authority holds that it can be initiated by “any
competent person” with personal knowledge
of the acts committed by the offender. Thus,
the witnesses who executed the affidavits
clearly fell within the purview of “any
competent person” who may institute the
complaint for a public crime.
It is settled that in considering a motion to MTQ must state either release of the
quash on the ground that the facts charged do accused or cancellation of his bond.
not constitute an offense, the test is “whether
Except: when there is no order to file
the facts alleged, if hypothetically admitted,
another complaint or information or, if
would establish the essential elements of the
offense charged as defined by law. there is one, when no new information
is filed within the time specified in the
A special civil action for certiorari is not the order within such further time as the
proper remedy to assail the denial of a motion court may allow for good cause, the
to quash an information. accused shall be discharged unless he is
also in custody for another charge
[Sec.5].
Gen Rule: court may order that another (a) criminal action or liability has been
complaint or information be filed [R117, extinguished; or
Sec. 5].
(b) double jeopardy.
Except: if MTQ was based on the ff:
5. Double jeopardy.
(1) criminal action or liability has been
Double jeopardy – means that when a person is
extinguished [Sec. 3 (g)]; or
charged with an offense and the case is
(2) double jeopardy [Sec. 3 (i)]. terminated either by acquittal or conviction or in
any other manner without the express consent of
the accused, the latter cannot again be charged
(b) discharge of the accused; with the same or identical offense.
(3) the court issues an order granting the Judaf by the accused – he shall have the option
motion and dismissing the case to submit a judicial affidavit within 10 days from
provisionally; and receipt thereof.
(4) the public prosecutor is served with a Note: this affidavits shall serve as direct-
copy of the order of provisional testimonies of the accused and his witnesses
dismissal of the case. when they appear before the court to testify.
The provisional dismissal becomes permanent: In case of conflict – the testimonies of the
accused and his witnesses made in court shall
(a) the case is not revived within 1 year
prevail over the judicial affidavits that they were
after the issuance of the order of the
made.
provisional dismissal with respect to the
offenses punishable by imprisonment Note: this judicial affidavit rule has no binding
not exceeding 6 years or a fine of any effect with the Senate in its legislative inquiry.
amount or both; or
1. Matters to be considered during pre-trial.
(b) the case is not revived within 2 years
The following matters are considered:
after the issuance of the order of
provisional dismissal with respect to (1) plea bargaining;
offenses punishable by imprisonment of
more than 6 years [R117, Sec. 8]. (2) stipulation of facts;
(c) with respect to the civil aspect of the It usually involved the defendant’s pleading
actions, whatever the penalties involved guilty to a lesser offense or to only one or some
are. of the counts of multi-count indictment in return
for a lighter sentence than that possible for grave
Judaf by the prosecution – not later than 5 days
charge.
before the pre-trial.
Note: if the victim in rape case is a minor below (2) limit the trial to those matters not
12 years of age, the stipulation shall serve as an disposed of; and
aggravating circumstance.
(3) control the course of the action during
If plea bargaining is agreed upon, the court trial, except if modified by the court to
shall: prevent manifest injustice.
(a) issue an order to that effect; 6. Referral of some cases for court annexed
mediation and judicial dispute resolution.
(b) proceed to receive evidence on the civil
aspect of the case; and They are the following:
(c) renders and promulgate judgment of (1) all civil cases and the civil liability of
conviction, including the civil liability or criminal cases covered by the RULE ON
damages duly established by the SUMMARY PROCEDURE, including the
evidence. civil liability for violation of BP 22,
except those which by law may not be
3. Pre-trial agreement.
compromised;
All agreements or admissions made or entered
(2) all civil and criminal cases filed with a
into during the pre-trial conference shall be
certificate to file action issued by the
reduced to writing and signed by the accused and
PUNONG BRGY. OR THE PANGKAT NG
counsel; otherwise the same shall not be used in
TAGAPAGSUNDO under the Revised
evidence against the accused [R118, Sec. 2].
Katarungan Pambarangay;
4. Non-appearance during pre-trial.
(3) the civil aspect of quasi – offenses under
If the counsel for the accused or the prosecutor the RPC;
does not appear in the pre-trial conference, the
(4) the civil aspect of less grave felonies
court may impose the proper sanctions or
punishable by correctional penalties not
penalties, if the counsel or prosecutor absent
exceeding 6 years of imprisonment,
does not offer an acceptable excuse for his lack
when the offended party is a private
of cooperation [R118, Sec. 3].
person; and
5. Pre-trial order.
(5) the civil aspect of estafa, theft, and libel.
It is an order issued by the court within 10 days
The following shall NOT be referred:
after the termination of the pre-trial, reciting the
actions taken, the facts stipulated, the (1) other criminal cases not covered by the
admissions made, the evidence marked, the aforementioned; or
number of witnesses to be presented and the
(2) all cases under RA 9262 (VAWC).
schedule of the trial. Such order shall bind the
However, if the parties to this case
parties, limit the trial to matters not disposed of
inform the court of their agreement to
and control the course of action during the trial,
submit to mediation, they shall
unless modified by the court to prevent manifest
accordingly be referred.
injustice [R118, Sec. 4].
Purposes:
J. Trial Requisites:
(b) no other direct evidence available for Demurrer to Evidence – A demurrer to the
the prosecution, except the testimony evidence is an objection by one of the parties
of the said accused; in an action, to the effect that the evidence
which his adversary produced is insufficient in
(c) testimony can be substantially
point of law, whether true or not, to make out
corroborated in its material points; a case or sustain the issue.
(d) the accused does not appear to be the
most guilty; and To be considered sufficient therefore, the
evidence must prove: (a) the commission of
(e) the accused has not at any time been the crime, and (b) the precise degree of
convicted if any offense involving moral participation therein by the accused.
turpitude [R119, Sec. 17].
The granting of a demurrer to evidence should However, certiorari under Rule 65 may be availed
be exercised with caution, taking into of when there was grave abuse of discretion or
consideration not only the rights of the excess or jurisdiction or oppressive exercise of
accused, but also the right of the private judicial authority of the trial court in dismissing a
offended party to be vindicated of the criminal case by granting the accused’s demurrer
wrongdoing done against him, for if it is to evidence.
granted, the accused is acquitted and the
private complainant is generally left with no RULE 119
more remedy.
Trial
charged and the imposition on him of the proper (1) whether the evidence of the
penalty and civil liability, if any [R120, Sec. 1]. prosecution absolutely failed to prove
the guilt of the accused; or
1. Requisites of a judgment.
(2) merely failed to prove his guilt beyond
The judgment should have the following form:
reasonable doubt.
(a) it must be written in the official
In either case, the judgment shall determine
language;
if the act or omission complained from which
(b) it must be personally and directly the civil liability might arise did not exist
prepared by the judge; and [R120, Sec. 2].
Judgment rendered by the judge who did not It is an established rule in criminal procedure
hear the case – the fact that the trial judge who that a judgment of acquittal shall state
rendered judgment was not the one who had the whether the evidence of the prosecution
occasion to observe the demeanor of the absolutely failed to prove the guilt of the
accused or merely failed to prove his guilt
witnesses during trial, but merely relied on the
beyond reasonable doubt. In either case, the
records of the case, does not render the
judgment shall determine if the act or omission
judgment erroneous, especially where the from which the civil liability might arise did not
evidence on record is sufficient to support its exist.
conclusion.
2. Contents of judgment.
bondsman or warden and counsel, the accused This Court is not unaware of the rule that “a
failed to appear at the promulgation of the final judgment may no longer be altered,
decision. amended or modified, even if the alteration,
amendment or modification is meant to
RULE 120 correct what is perceived to be an erroneous
conclusion of fact or law and regardless of
Judgment what court, be it the highest court of the land,
rendered it.” However, this Court has
Almuete vs. People suspended the application of this rule based on
certain recognized exceptions, viz.: Aside from
693 SCRA 167 , March 12, 2013: matters of life, liberty, honor or property which
would warrant the suspension of the Rules of
The practice of requiring convicts to appear
the most mandatory character and an
before the trial courts for promulgation of the
examination and review by the appellate court
affirmance or modification by the Supreme
of the lower court’s findings of fact, the other
Court or the Court of Appeals of judgments of
elements that should be considered are the
conviction in criminal cases is no longer
following: (a) the existence of special or
allowed.
compelling circumstances, (b) the merits of the
case, (c) a cause not entirely attributable to the
Doctrine of Immutability of judgment – A final
fault or negligence of the party favored by the
judgment may no longer be altered, amended
suspension of the rules, (d) a lack of any
or modified, even if the alteration, amendment
showing that the review sought is merely
or modification is meant to correct what is
frivolous and dilatory, and (e) the other party
perceived to be an erroneous conclusion of
will not be unjustly prejudiced thereby.
fact or law and regardless of what court, be it
the highest court of the land, rendered it.
Essential elements for the validity of judgment: (a) errors of law in the judgment which
(1) the judgment shall be recorded in the criminal requires no further proceedings; or
docket; and (2) that a copy thereof shall be
(b) errors of fact in the judgment which is
served upon the accused in his last known
also requires no further proceedings.
address or to his counsel.
3. Requisites before a new trial may be granted
4. When does judgment become final.
on ground of newly-discovered evidence.
The judgment shall become final:
The requisites are the following:
(1) after the lapse of the period for
(a) that the evidence was discovered after
perfecting an appeal;
trial;
(2) when the sentence has been
(b) that such evidence could not have been
partially/totally satisfied or served;
discovered and produced at the trial
(3) the accused has expressly waived in even with the exercise of reasonable
writing his right to appeal; or diligence;
(4) when the accused applies for (c) that it is material, not merely
probation, and thereby waives right to cumulative, corroborative or
appeal. impeaching; and
Note: judgment also becomes final when (d) the evidence is of such weight that it
judgment is an acquittal. would probably change the judgment if
admitted.
RULE 121
4. Effects of granting new trial or
NEW TRIAL OR RECONSIDERATION
reconsideration.
L. New Trial or Reconsideration
The grant of MNT or MR does not result to an
1. Grounds for new trial. acquittal. The effects are:
The grounds for a new trial are the ff: (a) when a new trial is granted on the
ground of errors of law or irregularities
(a) errors of law or irregularities prejudicial committed during the trial, all
to the substantial rights of the accused proceedings and evidence not affected
have been committed during trial; by the commission of such errors and
irregularities shall stand, but those
(b) new and material evidence discovered;
affected thereby shall be set aside and
or
the case will be tried anew as if no
(c) other grounds which the court may previous trial and been held;
determine in the exercise of its
(b) when a new trial is granted on the
discretion.
ground of newly discovered evidence,
New and material evidence – that such evidence the evidence already taken shall stand,
could not have been discovered and produced at and the newly discovered and such
the trial even with the exercise of reasonable other evidence as the court may, in the
diligence. The said evidence would probably interest of justice, allow to be
change the judgment if admitted. introduced, shall be taken and
considered together with the evidence
2. Grounds for reconsideration. already in the record; and
The grounds for MR:
(c) in all cases, when the court grants new A rule of long standing in this jurisdiction is that
trial or reconsideration, the original findings of a trial court, when affirmed by the
judgment shall be set aside and a new Court of Appeals, are accorded great weight
judgment rendered accordingly. and respect. Absent any reason to deviate from
the said findings, as in this case, the same
5. Application of Neypes doctrine in criminal should be deemed conclusive and binding to
cases. this Court.
FRESH PERIOD RULE – a party may appeal for a
fresh period of 15 days from receipt or notice of
the denial of a motion for reconsideration or for
new trial [Neypes v. CA].
RULE 122
This rule shall also apply:
Appeal
Custodial interrogation means any questioning An appeal in a criminal proceeding throws the
initiated by law enforcement authorities after whole case open for review and it becomes the
a person is taken into custody or otherwise duty of the appellate court to correct an error as
deprived of his freedom of action in any may be found in the appealed judgment whether
significant manner. or not it is made the subject of assignment or
errors.
2. Where to appeal.
Appeal
RTC
Olarte vs. People
nevertheless, if the verdict of the appellate court 797 SCRA 65 , July 18, 2016
is favorable or applicable to him, the same may
be given effect. A search warrant (SW) is defined as a written
order issued in the name of the People of the
5. Grounds for dismissal of appeal. Philippines, signed by a judge, and directed to
a peace officer commanding him to search for
The appellate court, on motion of the appellee or
the personal property described therein and
motu propio with notice to the appellant in bring it to the court.
either case, may dismiss the appeal on the
following grounds: Probable Cause; Search warrant (SW) shall be
issued only upon probable cause personally
(1) failure on the part of the appellant to
determined by the judge after examination
file brief within the reglementary
under oath or affirmation of the complainant
period, except when he is presented by and the witnesses he may produce, and
a counsel; particularly describing the place to be
searched, and the persons or things to be
(2) escape of the appellant from prison or
seized.
confinement;
Generally, the search warrant (SW) application
(3) when the appellant jumps bail; and
must be filed with the court which has
(4) flight of the appellant to a foreign territorial jurisdiction over the place where the
country during the pendency of the offense was alleged to be committed.
appeal [R124, Sec. 8].
This, however, is not an iron-clad rule. For
Note: a wrong mode of appeal will not vest, or compelling reasons, which must be expressly
give the court appellate jurisdiction [R56, Sec. 5 stated in the application, an SW application
(f)]. may be filed in a court other than the one
having jurisdiction over the place where the
RULE 126 purported offense was committed and where
SEARCH the SW shall be enforced.
N. Search and SeizureAND SEIZURE
General Warrant – a search which vaguely Valid for 10 days. Does not expire.
describes and does not particularize the personal
properties to be seized without a definite As to service
guideline to the searching team as to what items
Generally served in May be made at any
might be lawfully seized, thus giving the officers
day time, unless there time of the day or
of the law discretion regarding what articles they be a direction in the night.
should seized. warrant that it may be
served at any time of
Note: a general warrant is not valid.
the day or night.
Scatter-shot search warrant – a search warrant
issued for more than one offense. It is not valid
because it is in violation of the Constitution.
2. Distinguish from warrant of arrest. Note: a search may follow an arrest but the
search must be incident to a lawful arrest.
Search Warrant Warrant of Arrest
3. Application for search warrant, where filed.
As to nature and purpose Gen Rule – it may be filed in any court within
whose territorial jurisdiction the crime was
Order in writing in the Order directed to the
committed.
name of the People of peace officer to
the Philippines, signed execute the warrant Exceptions: for compelling reasons, which must
by the judge and by the taking the be stated in the application, it may also be filed:
directed to the peace person stated therein
officer to search into custody that he (1) if the place of the commission of the
personal property may be bound to crime is known, any court within the
described therein and answer for the judicial region where the crime was
to bring it to court. commission of the committed;
offense.
(2) any court within the judicial region
Probable cause
where the warrant shall be enforced; or
The judge must The judge does not
Note: However, if the criminal action has already
personally examine have to personally
been filed, the application shall only be made in
the complainant and examine the
witnesses in the form complainant and his the court where the criminal action is pending
of searching questions witness. Instead, he [R126, Sec. 2].
and answers. may opt to personally
Under AM 03-8-02-SC, Executive judges and,
evaluate the report
whenever they are on official leave of absence or
and supporting
are not physically present in the station, the Vice-
documents submitted
by the prosecutor. Executive Judges of Manila and Quezon City RTCs
shall have authority to act on applications for
search warrants involving:
As to personal examination
(a) heinous crimes;
The examination must Examination must be
be under oath or under oath. (b) illegal gambling;
affirmation of the
complainant and his (c) illegal possession of firearms and
witnesses. ammunitions;
(e) violations of the Intellectual Property Ex parte application – an application for a search
Code; warrant is heard ex parte. It is neither a trial nor
a part of the trial. Action on these applications
(f) violations of AMLA of 2001;
must be expedited for the time is of the essence.
(g) violations of Tariff and Customs Code;
4. Probable cause.
and
Probable cause – probable cause for search
(h) other relevant laws that may hereafter
warrant means such facts and circumstances
be enacted by Congress and included
which could lead a reasonable discreet and
herein by the SC.
prudent man to believe that an offense has been
Note: venue is not an issue in the issuance of committed and that the objects sought in
search warrant. connection with the offense are in the place
sought to be searched.
Note: application of a search warrant is not a
criminal action but a judicial process. Basis – This probable cause must be shown to be
within the personal knowledge of the
Note: Right to break door or window to effect complainant or the witness he may produce and
search. not based on mere hearsay. The probable cause
must refer to one specific offense.
Knock and announce principle – generally,
officers executing a search must do the following Note: probable cause to arrest does not
acts: necessarily involved a probable cause to search
and vice-versa.
(a) announce their presence;
Note: issuance of search warrant and warrant of
(b) identify themselves to the accused and
arrest is the same. Hearsay can be used in the
to the persons who rightfully have
determination of probable cause; not in the
possession of the premises to be
determination of guilt of the accused.
searched;
5. Personal examination by judge of the applicant
(c) show to them the search warrant;
and witnesses.
(d) explain the warrant in a language or
The procedure involves:
dialect known and understood by them.
(a) the examination must be personally
When unannounced intrusion permissible.
conducted by the judge;
(a) person in the premises refuses to open
(b) the examination must be in the form of
it upon demand;
searching questions and answers;
(b) person in the premises already know of
(c) the complainant and the witnesses shall
the identity and authority of the
be examined on those facts personally
officers;
known to them;
(c) when the officers have an honest belief
(d) the statements must be in writing and
that there is an imminent danger to life
under oath; and
and limb; and
(e) the sworn statements of the
(d) when those in the premises, aware of
complainant and the witnesses,
the presence of someone outside, are
together with the affidavits submitted,
then engaged in activities which justifies
shall be attached on the record.
the officers to believe that an escape or
destruction of evidence is imminent.
Note: the application must be supported by (3) personal property used not intended to
substantial evidence: be used as the means of committing an
offense.
(1) that the items sought are in fact can be
seized by virtue of being connected with 8. Exceptions to search warrant requirement.
criminal activity; and
A search and seizure without a warrant is still
(2) that the items will be found in the place reasonable if conducted under the following
to be search. circumstances:
6. Particularity of place to be searched and things (1) Search incidental to a lawful arrest –
to be seized. the arrest must preceded the search
and not the reverse. Hence, a person
Warrant issued must particularly describe the
illegally arrested cannot be validly
place to be searched and the things to be seized.
searched without a warrant. For an
Particularity of the place to be searched – the arrest to be lawful, the arrest may either
description of the place to be searched is be by virtue of a warrant lawfully
sufficient if the officer with the search warrant procured and by virtue of aa warrantless
can, with reasonable efforts, ascertain and arrest authorized under Sec. 5 Rule 113
identify the place intended. and other applicable provisions, to wit:
(in flagrante, hot pursuit and escapee).
Note: an apparent typographical error will not The rule limits the search to the
invalidate the search warrant, as long as the following:
application contains the correct address.
(a) for dangerous weapons;
Particularity of the place to be searched – the
scope of the search warrant is limited to personal (b) for anything which may have been
property only. It does not issue for seizure of used in the commission of an
immovable properties. offense; or
Note: where, by the nature of the goods to be (c) for anything which may constitute
seized, their description must be rather general, proof in the commission of an
it is not required that a technical description be offense.
given, for this would mean that no search
Note: the warrantless search and
warrant could issue.
seizure as an incident to a lawful arrest
Doctrine of fruit of poisonous tree – it states that may extend beyond the person of one
any evidence obtained in violation of the arrested to include the premises or
constitutional rights of the accused shall be surrounding under his immediate
inadmissible in court and in any proceeding. control. It is the premises which he
might gain possession of a weapon or
destructive evidence.
7. Personal property to be seized. (2) Consented search – consent is either
express or implied. A consented search
Things that may be seized:
is reasonable only if kept within the
(1) personal property subject of the bounds of the actual consent. It must
offense; first appear that:
(c) The said person had an actual (d) Plain view justified mere seizure of
intention to relinquish the right. evidence without further search.
(3) Search of moving vehicle – a (6) Stop and frisk situation – this is a
warrantless search of a moving vehicle limited protective search of outer
is justified on the ground that it is not clothing for weapon. A genuine reason
practicable to secure a warrant because must exist, in light of the police officer’s
the vehicle can be quickly moved out of experience and surrounding conditions,
the locality or jurisdiction in which the to warrant the belief that the person
warrant must be sought. who manifests unusual suspicious
conduct has weapons or contraband
(4) Check points; body checks in airports –
concealed about him. It serves a dual
it is allowed and valid for as long as they
purpose:
warranted by exigencies of public order
and are conducted in a way least (a) the general interest of effective
intrusive to motorists. crime prevention and detection;
and
Note: routine inspections are valid:
(b) the safety of the police officer to
(a) Where the officer merely draws
take steps to assure himself that
aside the curtain of a vacant vehicle
the person with whom he deals is
which is parked on the public fair
not armed with a deadly weapon
grounds;
that could be used against him;
(b) Officer simply looks into a vehicle;
(7) Enforcement of customs laws – the
(c) Officers flashes a light therein collector of customs is authorized to
without opening car’s doors; effect searches and seizures
conformably with the provision of the
(d) Occupants not subjected to a said laws. However, search warrant is
physical search; needed if the place to be searched is a
dwelling house;
(e) Inspection is limited to usual search
or inspection; or (8) Exigent or emergency circumstances –
extraordinary circumstances;
(f) Routine check is conducted in a
fixed area. (9) Others:
(5) Plain view situation – the elements of (a) When it is incident of inspection;
view are: (PIIP)
(b) Enforcement of health and sanitary
(a) Prior valid intrusion based on the laws;
valid warrantless arrest in which
the police are legally present in the (c) In times of war within the area of
pursuit of their official duties; military operation;
RULE 127
PROVISIONAL REMEDIES
O. Provisional Remedies
1. Nature.
(3) Receivership;
(4) Replevin; or