JURISDICTION
| CRIMINAL PROCEDURE
BP 129 powers, functions, and duties until such disability is removed, or another
AN ACT REORGANIZING THE JUDICIARY, APPROPRIATING Presiding Justice is appointed and has qualified.
FUNDS THEREFOR, AND FOR OTHER PURPOSES
PRELIMINARY CHAPTER
Section 1. Title. – This Act shall be known as "The Judiciary Reorganization
Act of 1980."
Section 2. Scope. – The reorganization herein provided shall include the
Court of Appeals, the Court of First Instance, the Circuit Criminal Courts, the
Juvenile and Domestic Relations Courts, the Courts of Agrarian Relations,
the City Courts, the Municipal Courts, and the Municipal Circuit Courts.
CHAPTER I
COURT OF APPEALS
Section 3. Organization. – There is hereby created a Court of Appeals which
consists of a Presiding Justice and fifty Associate Justice who shall be
appointed by the President of the Philippines. The Presiding Justice shall be
so designated in his appointment, and the Associate Justice shall have
precedence according to the dates of their respective appointments, or when
the appointments of two or more of them shall bear the same date, according
to the order in which their appointments were issued by the President. Any
member who is reappointed to the Court after rendering service in any other
position in the government shall retain the precedence to which he was
entitled under his original appointment, and his service in the Court shall, for
all intents and purposes, be considered as continuous and uninterrupted. (as
amended by Exec. Order No. 33,, July 28, 1986.)
Section 4. Exercise of powers and functions. – The Court Appeals shall
exercise its powers, functions, and duties, through seventeen (17) divisions,
each composed of three (3) members. The Court may sit en banc only for the
purpose of exercising administrative, ceremonial, or other non-adjudicatory
functions. (as amended by Exec. Order No. 33,.)
Section 5. Succession to Office of Presiding Justice. – In case of a vacancy
in the absence of inability to perform the powers, functions, and duties of his
office, the associate Justice who is first in precedence shall perform his
Section 6. Who presides over session of a division. – If the Presiding Justice
is present in any session of a division of the Court, he shall preside. In his
absence, the Associate Justice attending such session who has precedence
shall preside.
Section 7. Qualifications. – The Presiding Justice and the Associate Justice
shall have the same qualifications as those provided in Constitution for
Justice of the Supreme Court.
Section 8. Grouping of Divisions. – (Expressly repealed by Section 4, Exec.
Order No. 33,July 28, 1986.)
Section 9. Jurisdiction. – The Court of Appeals shall Exercise:
1. Original jurisdiction to issue writs
of mandamus, prohibition, certiorari, habeas corpus, and quo
warranto, and auxiliary writs or processes, whether or not in aid of its
appellate jurisdiction;
2. Exclusive original jurisdiction over actions for annulment of
judgements of Regional Trial Courts; and
3. Exclusive appellate jurisdiction over all final judgements,
resolutions, orders or awards of Regional Trial Courts and quasi-
judicial agencies, instrumentalities, boards or commission, including
the Securities and Exchange Commission, the Social Security
Commission, the Employees Compensation Commission and the
Civil Service Commission, Except those falling within the appellate
jurisdiction of the Supreme Court in accordance with the Constitution,
the Labor Code of the Philippines under Presidential Decree No.
442, as amended, the provisions of this Act, and of subparagraph (1)
of the third paragraph and subparagraph 4 of the fourth paragraph
od Section 17 of the Judiciary Act of 1948.
The court of Appeals shall have the power to try cases and conduct hearings,
receive evidence and perform any and all acts necessary to resolve factual
issues raised in cases falling within its original and appellate jurisdiction,
including the power to grant and conduct new trials or Appeals must be
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continuous and must be completed within three (3) months, unless extended
by the Chief Justice. (as amended by R.A. No. 7902.)
Section 10. Place of holding sessions. – The Court of Appeals shall have its
permanent station in the City of Manila. Whenever demanded by public
interest, the Supreme Court, upon its own initiative or upon recommendation
of the Presiding Justice, may authorize a division of the Court to hold
sessions outside Manila, periodically, or for such periods and at such places
as the Supreme Court may determine, for the purpose of hearing and
deciding cases.
Section 11. Quorum – A majority of the actual members of the Court shall
constitute a quorum for its session en banc. Three members shall constitute
a quorum for the session of a division. The unanimous vote of the three
members of a division shall be necessary for the pronouncement of a
decision of final resolution, which shall be reached in consultation before the
writing of the opinion by any members of the division. In the event that the
three members do not reach a unanimous vote, the Presiding Justice shall
request the Raffle Committee of the Court for the designation of two
additional Justice to sit temporarily with them, forming a special division of
five members and the concurrence of a majority of such division shall be
necessary for the pronouncement of a decision or final resolution. The
designation of such additional Justice shall be made strictly by raffle.
A month for reconsideration of its decision or final resolution shall be
resolved by the Court within ninety (90) days from the time it is submitted for
resolution, and no second motion for reconsideration from the same party
shall be entertainment. (as amended by Exec. Order No. 33, July 28, 1986.)
Section 12. Internal Rules. – The court en banc is authorized to promulgate
rules or orders governing the constitution of the divisions and the assignment
of Appellate Justices thereto, the distribution of cases, and other matters
pertaining to the operations of the Court of its divisions. Copies of such rules
and orders shall be furnished by the Supreme Court, which rules and orders
shall be effective fifteen (15) days after receipt thereof, unless directed
otherwise by the Supreme Court.
CHAPTER II
REGIONAL TRIAL COURTS
JURISDICTION | CRIMINAL PROCEDURE
Section 13. Creation of Regional Trial Courts. – There are hereby created
thirteen (13) Regional Trial Courts, one for each of the following judicial
regions:
The First Judicial Region, consisting of the provinces of Abra, Benguet,
Ilocos Norte, Ilocos Sur, La Union, Mountain Province, and Pangasinan, and
cities of Baguio, Dagupan, Laog and San Carlos;
The Second Judicial Region, consisting of the provinces of Batanes,
Cagayan, Ifugao, Kalinga-Apayao, Nueva Viscaya, and Quirino;
The Third Judicial Region, consisting of the provinces of Bataan, Bulacan
(except the municipality of valenzuela), Nueva Ecija, Pampanga, Tarlac, and
Zambales, and the cities of Angeles, Cabanatuan, Olongapo, Palayan and
San Jose;
The National Capital Judicial Region, consisting of the cities of Manila,
Quezon, Pasay, Caloocan and Mandaluyong, and the municipalities of
Navotas, Malabon, San Juan, Makati, Pasig, Pateros, Taguig, Marikina,
Parañaque, Las Piñas, Muntinlupa, and Valenzuela;
The Fourth Judicial Region, consisting of the provinces of Batangas, Cavite,
Laguna, Marinduque, Mindoro Occidental, Mindoro Oriental, Palawan,
Quezon, Rizal (except the cities and municipalities embraced within the
National Capital Judicial Region0, Romblon, and Aurora, and the cities of
Batangas, Cavite, Lipa, Lucena, Puerto Princessa, San Pablo, Tagaytay, and
Trece Martires;
The Fifth Judicial Region, consisting of the provinces of Albay, Camarines
Sur, Camarines Norte, Catanduanes, Masbate, and Sorsogon, and the cities
of Legaspi, Naga and Iriga;
The Sixth Judicial Region, consisting of the provinces of Aklan, Antique,
Capiz, Iloilo, La Calota, Roxas, San Carlos, and Silay, and the subprovince
of Guimaras;
The Seventh Judicial Region, consisting of the provinces of Bohol, Cebu,
Negros Oriental, and Siquijor, and the cities of Bais, Canlaon, Cebu, Danao,
Dumaguete, Lapu-lapu, Mandaue, Tagbilaran, and Toledo,
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The Eighth Judicial Region, consisting of the provinces or Eastern Samar,
Leyte, Northern, Samar, Southern Leyte, Ormoc, and Tacloban:
The Ninth Judicial Region, consisting of the provinces of Basilan, Sulu, Tawi-
Tawi, Zamboanga del Sur, and the cities of Dapitan, Dipolog, Pagadian, and
Zamboanga;
The Tenth Judicial Region, consisting of the provinces of Agusan del Norte,
Agusan del Sur, Bukidnon, Camiguin, Misamis Occidental, Misamis Oriental,
and Surigao del Norte, and the cities of Butuan, Cagayan de Oro, Gingoog,
Ozamis, Oroquieta, Surigao, and Tangub;
The Eleventh Judicial Region, consistingnof the provinces of Davao del
Norte, Davao Oriental, Davao del Sur, South Cotabato, and Surigao del Sur,
and the cities of Davao, and General Santos; and
The Twelfth Judicial Region, consisting of the provinces of Lanao del Norte,
Lanao del Sur, Maguindanao, North Cotabato, and Sultan Kudarat, and the
cities of Cotabato, Iligan, and Marawi.
In case of transfer or redistribution of the provinces, subprovinces, cities or
municipalities comprising the regions established by law of purposes of the
administrative field organization of the various departments and agencies of
the government, the composition of the judicial regions herein constituted
shall be deemed modified accordingly.
Section 14. Regional Trial Courts.
(a) Fifty-seven Regional Trial Judges shall be commissioned for the
First Judicial Region. There shall be.
Two branches (Branches III ans II) for the province of Abra, with seats at
Bangued;
Eight branches (Branches III to X) for the province of Benguet and the city of
Baguio, Branches III to VII with seats at Baguio City, and Branches VIII to X
at La Trinidad;
Nine branches (Branches XI to XIX) for the province of Ilocos Norte and the
city of Laoag, Branches XI to XVI with seats at Laoag City, Branches XVII
and XVIII at Batac, and Branch XIX at Bangui;
JURISDICTION | CRIMINAL PROCEDURE
Six branches (Braches XX to XXV) for the province of Ilocos Sur, Branches
XX and XXI with seats at Vigan, Branch XXII at Narvacan, Branch XXIII at
Candon, Branch XXIV at Cabugao, and Branch XXV at Tagudin;
Nine branches (Branches XXVI to XXXIV) for the province of La Union,
Branches XXVI to XXX with seats at San Fernando, Branches XXXI and
XXXII at Agoo, Branch XXXIII at Bauang, and Branch XXXIV at Balaoan;
Two branches (Branches XXXV and XXXVI) for the province of Mountain
province, with seats at Bontoc; and
Twenty-one branches (Branches XXXVII to LVII) for the province of
Pangasinan and the citie sof dagupan and san Carlos, Branches XXXVII to
XXXIX with seats at Lingayen, Branches XL to XLIV at dagupan, Branches
XLV to XLIX at Urdaneta, Branch L at Villasis, Branches LI and LII at Tayug,
Branch LIII at Rosalaes, Branches LIV and LV at Alaminos, and Branch LVI
and LVII at san Carlos.
(b) Thirty-two Regional Trial Judges shall be commissioned for the
Second Judicial region. There shall be:
Twelve branches (Branches I to XII) for the province of Cagayan, Branches I
to V with seats at Tuguegarao, Branches VI to X at Aparri, Branch XI at
Tuao, and Branch XII at Sanchez Mira;
One branch (Branch XIII) for the province of Batanes, with seat at Basco;
Two branches (Branches XIV and XV) for the province of Ifugao, Branch XIV
with seat at Lagawe, and Branch XV at Potia;
Nine branches (Branches XVI to XXIV) for the province of Isabela, Branches
XVI to XVIII with seats at Ilagan, Branches XIX and XX at cauayan, Branch
XXI at Santiago, Branch XXII at Cabagan, Branch XXIII at Roxas, and
Branch XXIV at Echague;
Two branches (Branches XXV and XXVI) for the province of kalinga-Apayao,
Branch XXV with seat at Tabuk, and Branch XXVI at Luna;
Four branches (Branches XXVII to XXX) for the province of Nueva Vizcaya,
Branches XXVII to XXIX with seats at Bayombong, and Branch XXX at
Bambang;
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Two branches (Branches XXXI and XXXII) for the province of Quirino, with
seats at Cabarroguis.
(c) Seventy-five Regional Trial judges shall be commissioned for the
Third Judicial Region. There shall be:
Five branches (Branches I to V) for the province of Bataan, Branches I to III
with seats at Balanga, Branch IV at Mariveles, and Branch V at Dinalupihan;
Seventeen branches (Branches VI to XXII) for the province of Bulacan
(except the municipality of Valuenzuela), with seats at Malolos;
Eighteen branches (Branches XXIII to XL) for the province of Nueva Ecija
and the cities of Cabanatuan, San Jose and Palayan, Branches XXIII to XXX
with seats at Cabanatuan City, Branches XXXI to XXXIII at Guimba,
Branches XXXIV to XXXVI at Gapan, Branch XXXVII at Sto. Domingo,
Branches XXXVIII and XXXIX at San Jose, and Branch XL at Palayan.
Twenty-two branches (Branches XLI to LXII) for the province of Pampanga
and the city of Angeles, Branches XLI to XLVIII with seats at San Fernando,
Branches XLIX to LIII at Guagua, Branches LIV and LV at Macabebe, and
Branches LVI to LXII at Angeles City;
Six branches (Branches LXIII to LXVIII) for the province of Tarlac, Branches
LXVI at Capas, Branch LXVII at Paniqui, and Branch LXVIII at Camiling; and
Seven branches (Branches LXIX to LXXV) for the province of Zambales and
the city of Olongapo, Branches LXIX to LXXI with seats at Iba and Branches
LXXII to LXXV at Olongapo City
(d) One hundred seventy-two (172) Regional Trial Judges shall be
commissioned for the National Capital Judicial Region. There shall
be:
Fifty-five branches (Branches 1 to 55) for the City of Manila, wit seats
thereat;
Thirty-two branches (Branches 76 to 107) for Quezon City, with seats
thereat;
Twelve branches (Branches 108 to 119) for Pasay City, with seats thereat;
JURISDICTION | CRIMINAL PROCEDURE
Twelve branches (Branches 120 to 131) for Caloocan City, with seats
thereat;
Fifty-eight branches (Branches 56 to 74 and 132 to 170) for the Municipalities
of Navotas, Malabon, San Juan, Madaluyong, Makati, Pasig, Pateros,
Taguig, Marikina, Parañaque, Las Piñas, and Muntinlupa; Branches 67 to 71
and 151 to 168 at Pasig; and Branches 72 to 74, 169 and 170 at Malabon;
and
Three branches (Branches 75, 171 and 172) for the municipality of
Valenzuela, with seats thereat. (As amended by EO No. 33, July 30, 1986.)
(e) Eihty-two Regional Trial Judges shall be commissioned for the
Fourth Judicial Region. There shall be:
Fourteen branches (Branches I to XIV) for the province of Batangas and the
cities of Lipa and Batangas, Branches I to VI with seats at Batangas City,
Branch V at Lemery, Branches VI to VIII at Tanuan, Branches IX to XI at
Balayan, Branches XII and XIII at Lipa, and Branch XIV at Nasugbu;
Nine branches (Branches XV to XXIII) for the province of Cavite and the
cities of Cavite, Tagaytay and Trece Matires, Branch XV with seat at Naic,
Branches XVII at Cavite City, Branch XVIII at Tagayatay City, Branch XIX at
Bacoor, Branches XX to XXII at Imus, and Branch XXIII at Trece Martires;
Fourteen branches (Branches XXIV to XXXVII) for the province of Laguna
and the city of San Pablo, Branches XXVIII at Sta. Cruz, Branches XXIX to
XXXII at San Pable City, Branch XXXIII at Siniloan, and Branches XXXIV to
XXXVI at Calamba;
One branch (Branch XXXVIII) for the province of Marinduque, with seat at
Boac;
Five branches (Branches XXXIX to XLIII) for the province of Mindoro
Oriental, Branches XXXIX to XL with seats at Calapan, Branches XLI and
XLII at Pinamalayan, and Branch XLII at Roxas;
Three branches (Branches XLVII to XLVI) for the province of Mindoro
Occidental, Branch XLIV with seat at Mamburao, and Branches XLV and
XLVI at San Jose;
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Six branches (Branches XLVII to LII) for the province of Palawan and the city
of Puerto Princesa, with seats at Puerto Princesa City;
Thirteen branches (Branches LIII to LXV) for the province of Quezon and the
city of Lucena, Branches LIII to LX with seats at Lucena City, Branches LXI
and LXII at Gumaca, Branch LXIII at Calauag, Branch LXIV at Mauban, and
Branch LXV at Infanta;
One branchj(Branch LXVI) for the province of Aurora, with seat at Baler;
Fourteen branches (Branches LXVII to LXXX) for the province of Rizal
except the cities and municipalities embraced within the National Capital
Judicial Region, Branches LXVII to LXX with seats at Binangonan, Branches
LXXI to LXXIV at Antipolo, Branches LXXV to LXXVII at San Mateo, and
Branches LXXVIII to LXXX at Morong; and
Two branches (Branches LXXXI and LXXXII) for the province of Romblon,
Branch LXXXI with seat at Romblon, and Branch LXXXII at Odiongan.
(f) Fifty-five Regional Trial Judges shall be commissioned for the
Fifth Judicial Region. There shall be:
Eighteen branches (Branches I to XVIII) for the province of Albay and the city
of Legaspi, Branches I to X with seats at Legaspi City, Branches XI to XIV at
Ligao, and Branches XV to XVIII at Tabaco;
Nineteen branches (Branches XIX to XXXVII) for the province of Camarines
Sur and the cities of Naga and Iriga, Branches XIX to XXVIII with seats at
Naga City, Branch XXIX at Libmanan, Branch XXX at Tigaon, Braches XXXI
to XXXIII at Pili, and Branches XXXIV to XXXVII at Iriga City;
Four branches (Branches XXXVIII to XLII) for the province of Camarines
Norte, with seat at Daet;
Two branches (Branches XLII and XLII) for the province of Catanduanes,
with seats at Virac;
Seven branches (Branches XLIV to L) for the province of Masbate, Branches
XLIV to XLVIII with seats at Masbate, Branch XLIX at Cataingan, and Branch
L at San Jacinto; and
JURISDICTION | CRIMINAL PROCEDURE
Five branches (Branches LI to LV) for the province of Sorsogon, Branches LI
to LIII with seats at Sorsogon, Branch LVI at Gubat, and Branch LV at Irosin.
(g) Sixty-three Regional Trial Judges shall be commissioned for the
Sixth Judicial Region. There shall be:
Nine branches (Branches I to IX) for the province of Aklan, with seats at
Kalibo;
Four branches (Branches X to XIII) for the province of Antique, Branches X
to XII with seats at San Jose, and Branch XIII and Culasi;
Eighr branches (Branches XIV to XXI) for the province of Capiz and the city
of Roxas, Branches XIV to XIX with seats at Roxas City and Branches XX
and XXI at Mambusao;
Eighteen branches (Branches XXII to XXXIX) for the province of Iloilo, the
subprovince of Guimaras, and the city of Iloilo, with seats at Iloilo City; and
Twenty-four branches (Branches XL to LXIII) for the province of Negros
Occidental, and the cities of Bacolod,Bago, Cadiz, La Carlota, San Carlos
and Silay, Branch XL with seat at Silay City, Branches XLI to LIV at Bacolod
City, Branches LV and LVI at Himamaylan, Branches LVII to LIX at
Kabankalan, Branch LXII at Bago City, and Branch LXII at La Carlota City.
(h) Forty-six Regional Trial Judges shall be commissioned for the
Seventh Judicial Region. There shall be:
Four branches (Branches I to IV) for the province of Bohol and the city of
Tagbilaran, with seats at Tagbilaran City;
Twenty-five branches (Branches V to XXIX) for the province of Cebu and the
cities of Cebu, Danao, Lapu-Lapu, Mandaue and Toledo, Branches V to
XXIV with seats at Cebu City, Branch XXV at Danao City, Branch XXVI at
Argao, Branch XXVII at Lapu-Lapu City, Branch XXVIII at Mandaue City, and
Branch XXIX at Toledo City;
Sixteen branches (Branches XXX to XLV) for the province of Negros Oriental
and the cities of Dumaguete, Bais and Canlaon, Branches XXX to XLIV with
seats at Dumaguete City, and Branch XLV at Bais City; and
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One branch (Branch XLVI) for the province of Siquijor, with seat at Larena.
(i) Thirty-three Regional Trial Judges shall be commissioned for the
Eighth Judicial Region. There shall be:
Five branches (Branches I to V) for the province of Eastern Samar, Branches
I and II with seats at Borongan, Branch III at Guiuan, Branch IV at Dolores,
and Branch V at Oras;
Thirteen branches (Branches VI to XVIII) for the province of Leyte, the sub-
province of Biliran, and the cities of Ormoc and Tacloban, Branches VI and
IX with seats at Tacloban City, Branch X at Abuyog, Branch XI at Calubian,
Branch XII at Ormoc City, Branch XIII at Carigara, Branch XIV at Baybay,
Branch XV at Burauen, Branch XVI at Naval, Branch XVII at Palompon, and
Branch XVIII at Hilongos;
Five branches (Branches XIX to XXIII) for the province of Northern Samar,
Branches XIX and XX with seats at Catarman, Branches XXI and XXII at
Laoang, and Branch XXIII at Allen;
Three branches (Branches XXIV to XXVI) for the province of Southern Leyte,
Branches XXIV and XXV with seats at Maasin, and Branch XXVI at San
Juan; and
Seven branches (Branches XXVII to XXXIII) for the province of Samar and
the city of Calbayog, Branches XXVII to XXIX with seats at Catbalogan,
Branch XXX at Basey, Branches XXXI and XXXII at Calbayog City, and
Branch XXXIII at Calbiga.
(j) Twenty-four Regional Trial Judges shall be commissioned for the
Ninth Judicial Region. There shall be:
Two branches (Branches I and II) for the province of Basilan, with seats at
Isabela;
Two branches (Branches III and IV) for the province of Sulu, Branch III with
seat at Jolo, and Branch IV at Parang;
One branch (Branch V) for the province of Tawi-Tawi, with seat at Bongao;
JURISDICTION | CRIMINAL PROCEDURE
Six branches (Branches VI to XI) for the province of Zamboanga del Norte,
and the cities of Dipolog and Dapitan, Branches VI to X seats at Dipolog City,
and Branch XI at Sindangan; and
Thirteen branches (Branches XII to XXIV) for the province of Zamboanga del
Sur and the cities of Pagadian and Zamboanga Branches XII to XVII with
seats at Zamboanga City, Branches, XVIII to XXII at Pagadian City, Branch
XXIII at Molave, and Branch XXIV at Ipil.
(k) Thirty-two Regional Trial Judges shall be commissioned for the Tenth
Judicial Region. There shall be:
Five branches (Branches I to V) for the province of Agusan del Norte and the
city of Butuan, with seats at Butuan City;
Two branches (Branches VI and VII) for the province of Agusan del Sur,
Branches VI with seat at Prosperidad and Branch VII with seat at Bayugan;
Four branches (Branches VIII to XI) for the province of Bukidnon, Branches
VIII to X with seats at Malaybalay and Branch XI at Manalo Fortich;
Five branches (Branches XII to XI) for the province of Misamis Occidental
and the cities of Oroquieta, Ozamis, and Tangub, Branches XII to XIV with
seats at Oroquieta City, Branch XV at Ozamis City, and Branch XVI at
Tangub City;
Eleven branches (Branches XVII to XXVII) for the province of Misamis
Oriental and the cities of Cagayan de Oro and Gingoog, Branches XVII to
XXV with seats at Cagayan de Oro City, Branch XXVI at Medina, and Branch
XXVII at Gingoog City;
One branch (Branch XXVIII) for the province of Camiguin, with seat at
Mambajao; and
Four branches (Branches XXIX to XXXII) for the province of Surigao del
Norte and the City of Surigao, Branches XXIX and XXX with seats at Surigao
City, Branch XXXI at Dapa, and Branch XXXII at Dinagat, Dinagat Island.
(l) Twenty-nine Regional Trial Judges shall be commissioned for the
Eleventh Judicial Region. There shall be
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Four branches (Branches I to IV) for the province of Davao del Norte,
Branches I and II with seats at Tagum, Branch III at Nabunturan, and Branch
IV at Panabo;
Three branches (Branches V to VII) for the province of Davao Oriental,
Branches V and VI with seats at Mati and Branch VII at Banganga;
Fourteen branches (Branches VIII to XXI) for the province of Davao del Sur
and the city of Davao, Branches VIII to XVII with seats at Davao City,
Branches XVIII and XIX at Digos, Branch XX at Malinta, and Branch XXI a
Bansalan;
Five Branches (Branches XXII to XXVI) for the province of South Cotabato
and the city of General Santos, Branches XXII and XXIII with seats at
General Santos City, Branches XXIV and XXV at Koronadal, and Branch
XXVI at Surallah; and
Three branches (Branches XXVII to XXIX) for the province of Surigao del
Sur, Branch XXVII with seat at Tandag, Branch XXVIII at Lianga, and Branch
XXIX at Bislig.
(m) Twenty Regional Trial Judges shall be commissioned for the
Twelfth Judicial Region. There shall be:
Seven branches (Branches I to VII) for the province of Lanao del Norte and
the city of Iligan, Branches I to VI with seats at Iligan City, and Branch VII at
Tubod;
Five branches (Branches VIII to XII) for the province of Lanao del Sur and
the city of Marawi, Branches VIII to X with seats at Marawi City, and
Branches XI and XII at Malabang;
Three branches (Branches XIII to XV) for the province of Maguindanao and
the city of Cotabato, Branches XIII and XIV with seats at Cotabato City, and
Branch XV at Maganoy;
Three branches (Branches XVI to XVIII) for the province of North Cotabato,
Branch XVI with seat at Kabacan, Branch XVII at Kidapawan, and Branch
XVIII at Missayap; and
JURISDICTION | CRIMINAL PROCEDURE
Two branches (Branches XIX and XX) for the province of Sultan Kudarat,
Branch XIX, with seat at Isulan, and Branch XX at Tacurong.
Section 15. Qualifications. – No persons shall be appointed Regional Trial
Judge unless he is a natural-born citizen of the Philippines, at least thirty-five
years of age, and for at least ten years, has been engaged in the practice of
law in the Philippines or has held a public office in the Philippines requiring
admission to the practice of law as an indispensable requisite.
Section 16. Time and duration of sessions. – The time and duration of daily
sessions of the Regional Trial Courts shall be determined by the Supreme
Court: Provided, however, That all motions, except those requiring immediate
action, shall be heard in the afternoon of every Friday, unless it falls on a
holiday, in which case, the hearing shall be held on the afternoon of the next
succeeding business day: Provided, further, That the Supreme Court may,
for good reasons, fix a different motion day in specified areas
Section 17. Appointment and assignment of Regional Trial Judges. – Every
Regional Trial Judge shall be appointed to a region which shall be his
permanent station, and his appointment shall state the branch of the court
and the seat thereof to which he shall be originally assigned. However, the
Supreme Court may assign temporarily a Regional Trial Judge to another
region as public interest may require, provided that such temporary
assignment shall not last longer than six (6) months without the consent of
the Regional Trial Judge concerned.
A Regional Trial Judge may be assigned by the Supreme Court to any
branch or city or municipality within the same region as public interest may
require, and such assignment shall not be deemed an assignment to another
station within the meaning of this section.
Section 18. Authority to define territory appurtenant to each branch. – The
Supreme Court shall define the territory over which a branch of the Regional
Trial Court shall exercise its authority. The territory thus defined shall be
deemed to be the territorial area of the branch concerned for purposes of
determining the venue of all suits, proceedings or actions, whether civil or
criminal, as well as determining the Metropolitan Trial Courts, Municipal Trial
Courts, and Municipal Circuit Trial Courts over the said branch may exercise
appellate jurisdiction. The power herein granted shall be exercised with a
view to making the courts readily accessible to the people of the different
parts of the region and making the attendance of litigants and witnesses as
inexpensive as possible.
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Section 19. Jurisdiction in civil cases. – Regional Trial Courts shall exercise
exclusive original jurisdiction:
(1) In all civil actions in which the subject of the litigation is incapable
of pecuniary estimation;
(2) In all civil actions which involve the title to, or possession of, real
property, or any interest therein, where the assessed value of the
property involved exceeds Twenty thousand pesos (P20,000.00) or
for civil actions in Metro Manila, where such the value exceeds Fifty
thousand pesos (50,000.00) except actions for forcible entry into and
unlawful detainer of lands or buildings, original jurisdiction over which
is conferred upon Metropolitan Trial Courts, Municipal Trial Courts,
and Municipal Circuit Trial Courts;
(3) In all actions in admiralty and maritime jurisdiction where he
demand or claim exceeds One hundred thousand pesos
(P100,000.00) or , in Metro Manila, where such demand or claim
exceeds Two hundred thousand pesos (200,000.00);
(4) In all matters of probate, both testate and intestate, where the
gross value of the estate exceeds One hundred thousand pesos
(P100,000.00) or, in probate matters in Metro Manila, where such
gross value exceeds Two hundred thousand pesos (200,000.00);
(5) In all actions involving the contract of marriage and marital
relations;
(6) In all cases not within the exclusive jurisdiction of any court,
tribunal, person or body exercising jurisdiction or any court, tribunal,
person or body exercising judicial or quasi-judicial functions;
(7) In all civil actions and special proceedings falling within the
exclusive original jurisdiction of a Juvenile and Domestic Relations
Court and of the Courts of Agrarian Relations as now provided by
law; and
(8) In all other cases in which the demand, exclusive of interest,
damages of whatever kind, attorney's fees, litigation expenses, and
costs or the value of the property in controversy exceeds One
hundred thousand pesos (100,000.00) or, in such other
JURISDICTION | CRIMINAL PROCEDURE
abovementioned items exceeds Two hundred thousand pesos
(200,000.00). (as amended by R.A. No. 7691*)
Section 20. Jurisdiction in criminal cases. – Regional Trial Courts shall
exercise exclusive original jurisdiction in all criminal cases not within the
exclusive jurisdiction of any court, tribunal or body, except those now falling
under the exclusive and concurrent jurisdiction of the Sandiganbayan which
shall hereafter be exclusively taken cognizance of by the latter.
Section 21. Original jurisdiction in other cases. – Regional Trial Courts shall
exercise original jurisdiction:
(1) In the issuance of writs of certiorari, prohibition, mandamus, quo
warranto, habeas corpus and injunction which may be enforced in
any part of their respective regions; and
(2) In actions affecting ambassadors and other public ministers and
consuls.
Section 22. Appellate jurisdiction. – Regional Trial Courts shall exercise
appellate jurisdiction over all cases decided by Metropolitan Trial Courts,
Municipal Trial Courts, and Municipal Circuit Trial Courts in their respective
territorial jurisdictions. Such cases shall be decided on the basis of the entire
record of the proceedings had in the court of origin and such memoranda
and/or briefs as may be submitted by the parties or required by the Regional
Trial Courts. The decision of the Regional Trial Courts in such cases shall be
appealable by petition for review to the
Court of Appeals which may give it due course only when the petition
shows prima faciethat the lower court has committed an error of fact or law
that will warrant a reversal or modification of the decision or judgment sought
to be reviewed.
Section 23. Special jurisdiction to try special cases. – The Supreme Court
may designate certain branches of the Regional Trial Courts to handle
exclusively criminal cases, juvenile and domestic relations cases, agrarian
cases, urban land reform cases which do not fall under the jurisdiction of
quasi-judicial bodies and agencies, and/or such other special cases as the
Supreme Court may determine in the interest of a speedy and efficient
administration of justice.
8
 JURISDICTION | CRIMINAL PROCEDURE

Section 24. Special Rules of Procedure. – Whenever a Regional Trial Court Two branches (Branches LVII and LVIII) for San Juan with seats thereat;
takes cognizance of juvenile and domestic relation cases and/or agrarian
cases, the special rules of procedure applicable under present laws to such Two branches (Branches LIX and LX) for Mandaluyong with seats thereat;
cases shall continue to be applied, unless subsequently amended by law or
by rules of court promulgated by the Supreme Court.
Seven branches (Branches LXI and LXVII) for Makati with seats thereat;

CHAPTER III
Five branches (Branches LXVIII to LXXII) for Pasig with seats thereat;
METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS, AND
MUNICIPAL CIRCUIT TRIAL COURTS
One branch (Branch LXXIII) for Pateros with seat thereat;
Section 25. Establishment of Metropolitan Trial Courts, Municipal Trial
Courts and Municipal Circuit Trial Courts. – There shall be created a One branch (Branch LXXIV) for Taguig with seat thereat;
Metropolitan Trial Court in each metropolitan area established by law, a
Municipal Trial Court in each of the other cities or municipalities, and a Two branches (Branches LXXV and LXXVI) for Marikina with seats thereat;
Municipal Circuit Trial Court in each circuit comprising such cities and/or
municipalities as are grouped together pursuant to law. Two branches (Branches LXXVII and LXXVIII) for Parañaque with seats
thereat;
Section 26. Qualifications. – No person shall be appointed judge of a
Metropolitan Trial Court, Municipal Trial Court, or Municipal Circuit Trial Court One branch (Branch LXXIX) for Las Piñas with seat thereat;
unless he is a natural-born citizen of the Philippines, at least 30 years of age,
and, for at least five years, has been engaged in the practice of law in the One branch (Branch LXXX) for Muntinlupa with seat thereat;
Philippines, or has held a public office in the Philippines requiring admission
to the practice of law as an indispensable requisite.
Two branches (Branches LXXXI and LXXXII) for Valenzuela with seats
thereat;
Section 27. Metropolitan Trial Courts of the National Capital Region. – There
shall be a Metropolitan Trial Court in the National Capital Region, to be
Section 28. Other Metropolitan Trial Courts. – The Supreme Court shall
known as the Metropolitan Trial Court of Metro Manila, which shall be
constitute Metropolitan Trial Courts in such other metropolitan areas as may
composed of eighty-two (82) branches. There shall be:
be established by law whose territorial jurisdiction shall be co-extensive with
the cities and municipalities comprising the metropolitan area.
Thirty branches (Branches I to XXX) for the city of Manila with seats thereat;
Every Metropolitan Trial Judge shall be appointed to a metropolitan area
Thirteen branches (Branches XXXI to XLIII) for Quezon City with seats which shall be his permanent station and his appointment shall state branch
thereat; of the court and the seat thereof to which he shall be originally assigned. A
Metropolitan Trial Judge may be assigned by the Supreme Court to any
Five branches (Branches XLIV to XLVIII) for Pasay City with seats thereat; branch within said metropolitan area as the interest of justice may require,
and such assignment shall not be deemed an assignment to another station
Five branches (Branches XLIX to LIII) for Caloocan City with seats thereat; within the meaning of this section.

One branch (Branch LIV) for Navotas with seat thereat; Section 29. Municipal Trial Courts in cities. – In every city which does not
form part of a metropolitan area, there shall be a Municipal Trial Court with
Two branches (Branches LV and LVI) for Malabon with seats thereat; one branch, except as hereunder provided:

9

Two branches for Laoag City;
Four branches for Baguio City;
Three branches for Dagupan City;
Five branches for Olongapo City;
Three branches for Cabanatuan City;
Two branches for San Jose City;
Three branches for Angeles City;
Two branches for Cavite City;
Two branches for Batangas City;
Two branches for Lucena City;
Three branches for Naga City;
Two branches for Iriga City;
Three branches for Legaspi City;
Two branches for Roxas City;
Four branches for Iloilo City;
Seven branches for Bacolod City;
Two branches for Dumaguete City;
Two branches for Tacloban City;
Eight branches for Cebu City;
Three branches for Mandaue City;
JURISDICTION | CRIMINAL PROCEDURE
Two branches for Tagbilaran City;
Two branches for Surigao City;
Two branches for Butuan City;
Five branches for Cagayan de Oro City;
Seven branches for Davao City;
Three branches for General Santos City;
Two branches for Oroquieta City;
Three branches for Ozamis City;
Two branches for Dipolog City;
Four branches for Zamboanga City;
Two branches for Pagadian City; and
Two branches for Iligan City.
Section 30. Municipal Trial Courts. – In each of the municipalities that are
not comprised within a metropolitan area and a municipal circuit there shall
be a Municipal Trial Court which shall have one branch, except as hereunder
provided:
Two branches for San Fernando, La Union;
Four branches for Tuguegarao;
Three branches for Lallo, and two branches for Aparri, both of Cagayan;
Two branches for Santiago, Isabela;
Two branches each for Malolos, Meycauayan and Bulacan, all of Bulacan
Province;
10

Four branches for San Fernando and two branches for Guagua, both of
Pampanga;
Two branches for Tarlac, Tarlac;
Two branches for San Pedro, Laguna; and
Section 33. Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts
Two branches each for Antipolo and Binangonan, both in Rizal.
and Municipal Circuit Trial Courts in civil cases. – Metropolitan Trial Courts,
Municipal Trial Courts, and Municipal Circuit Trial Courts shall exercise:
Section 31. Municipal Circuit Trial Court. – There shall be a Municipal Circuit
Trial Court in each area defined as a municipal circuit, comprising one or
more cities and/or one or more municipalities. The municipalities comprising
municipal circuits as organized under Administrative Order No. 33, issued on
June 13, 1978 by the Supreme Court pursuant to Presidential Decree No.
537, are hereby constituted as municipal circuits for purposes of the
establishment of the Municipal Circuit Trial Courts, and the appointment
thereto of Municipal Circuit Trial Judges: Provided, however, That the
Supreme Court may, as the interests of justice may require, further
reorganize the said courts taking into account workload, geographical
location, and such other factors as will contribute to a rational allocation
thereof, pursuant to the provisions of Presidential Decree No. 537 which shall
be applicable insofar as they are not inconsistent with this Act.
Every Municipal Circuit Trial Judge shall be appointed to a municipal circuit
which shall be his official station.
The Supreme Court shall determine the city or municipality where the
Municipal Circuit Trial Court shall hold sessions.
Section 32. Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts
and Municipal Circuit Trial Courts in criminal cases. – Except in cases falling
within the exclusive original jurisdiction of Regional Trial Courts and of the
Sandiganbayan, the Metropolitan Trial Courts, Municipal Trial Courts, and
Municipal Circuit Trial Courts shall exercise:
(1) Exclusive original jurisdiction over all violations of city or
municipal ordinances committed within their respective territorial
jurisdiction; and
(2) Exclusive original jurisdiction over all offenses punishable with
imprisonment not exceeding six (6) years irrespective of the amount
JURISDICTION | CRIMINAL PROCEDURE
of fine, and regardless of other imposable accessory or other
penalties, including the civil liability arising from such offenses or
predicated thereon, irrespective of kind, nature, value, or amount
thereof: Provided, however, That in offenses involving damage to
property through criminal negligence they shall have exclusive
original jurisdiction thereof. (as amended by R.A, No. 7691)
(1) Exclusive original jurisdiction over civil actions and probate
proceedings, testate and intestate, including the grant of provisional
remedies in proper cases, where the value of the personal property,
estate, or amount of the demand does not exceed One hundred
thousand pesos (P100,000.00) or, in Metro Manila where such
personal property, estate, or amount of the demand does not exceed
Two hundred thousand pesos (P200,000.00) exclusive of interest
damages of whatever kind, attorney's fees, litigation expenses, and
costs, the amount of which must be specifically alleged: Provided,
That where there are several claims or causes of action between the
same or different parties, embodied in the same complaint, the
amount of the demand shall be the totality of the claims in all the
causes of action, irrespective of whether the causes of action arose
out of the same or different transactions;
(2) Exclusive original jurisdiction over cases of forcible entry and
unlawful detainer: Provided, That when, in such cases, the defendant
raises the question of ownership in his pleadings and the question of
possession cannot be resolved without deciding the issue of
ownership, the issue of ownership shall be resolved only to
determine the issue of possession.
(3) Exclusive original jurisdiction in all civil actions which involve title
to, or possession of, real property, or any interest therein where the
assessed value of the property or interest therein does not exceed
Twenty thousand pesos (P20,000.00) or, in civil actions in Metro
Manila, where such assessed value does not exceed Fifty thousand
pesos (P50,000.00) exclusive of interest, damages of whatever kind,
attorney's fees, litigation expenses and costs: Provided, That value
of such property shall be determined by the assessed value of the
adjacent lots. (as amended by R.A. No. 7691)
11

Section 34. Delegated jurisdiction in cadastral and land registration cases. –
Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial
Courts may be assigned by the Supreme Court to hear and determine
cadastral or land registration cases covering lots where there is no
controversy or opposition, or contested lots the where the value of which
does not exceed One hundred thousand pesos (P100,000.00), such value to
be ascertained by the affidavit of the claimant or by agreement of the
respective claimants if there are more than one, or from the corresponding
tax declaration of the real property. Their decisions in these cases shall be
appealable in the same manner as decisions of the Regional Trial Courts. (as
amended by R.A. No. 7691)
Section 35. Special jurisdiction in certain cases. – In the absence of all the
Regional Trial Judges in a province or city, any Metropolitan Trial Judge,
Municipal Trial Judge, Municipal Circuit Trial Judge may hear and decide
petitions for a writ of habeas corpus or applications for bail in criminal cases
in the province or city where the absent Regional Trial Judges sit.
Section 36. Summary procedures in special cases. – In Metropolitan Trial
Courts and Municipal Trial Courts with at least two branches, the Supreme
Court may designate one or more branches thereof to try exclusively forcible
entry and unlawful detainer cases, those involving violations of traffic laws,
rules and regulations, violations of the rental law, and such other cases
requiring summary disposition as the Supreme Court may determine. The
Supreme Court shall adopt special rules or procedures applicable to such
cases in order to achieve an expeditious and inexpensive determination
thereof without regard to technical rules. Such simplified procedures may
provide that affidavits and counter-affidavits may be admitted in lieu of oral
testimony and that the periods for filing pleadings shall be non-extendible.
Section 37. Preliminary investigation. – Judges of Metropolitan Trial Courts,
except those in the National Capital Region, of Municipal Trial Courts, and
Municipal Circuit Trial Courts shall have authority to conduct preliminary
investigation of crimes alleged to have been committed within their
respective territorial jurisdictions which are cognizable by the Regional Trial
Courts.
The preliminary investigation shall be conducted in accordance with the
procedure prescribed in Section 1, paragraphs (a), (b), (c), and (d), of
Presidential Decree No. 911: Provided, however, That if after the preliminary
investigation the Judge finds a prima faciecase, he shall forward the records
JURISDICTION | CRIMINAL PROCEDURE
of the case to the Provincial/City Fiscal for the filing of the corresponding
information with the proper court.
No warrant of arrest shall be issued by the Judge in connection with any
criminal complaint filed with him for preliminary investigation, unless after an
examination in writing and under oath or affirmation of the complainant and
his witnesses, he finds that a probable cause exists.
Any warrant of arrest issued in accordance herewith may be served
anywhere in the Philippines.
Section 38. Judgments and processes. –
(1) All judgments determining the merits of cases shall be in writing,
stating clearly the facts and the law on which they were based,
signed by the Judge and filed with the Clerk of Court. Such judgment
shall be appealable to the Regional Trial Courts in accordance with
the procedure now prescribed by law for appeals to the Court of First
Instance, by the provisions of this Act, and by such rules as the
Supreme Court may hereafter prescribe.
(2) All processes issued by the Metropolitan Trial Courts, Municipal
Trial Courts and Municipal Circuit Trial Courts, in cases falling within
their jurisdiction, may be served anywhere in the Philippines without
the necessity of certification by the Judge of the Regional Trial Court.
CHAPTER IV
GENERAL PROVISIONS
Section 39. Appeals. – The period for appeal from final orders, resolutions,
awards, judgments, or decisions of any court in all cases shall be fifteen (15)
days counted from the notice of the final order, resolution, award, judgment,
or decision appealed from: Provided however, That in habeas corpus cases,
the period for appeal shall be forty-eight (48) hours from the notice of the
judgment appealed from.
No record on appeal shall be required to take an appeal. In lieu thereof, the
entire record shall be transmitted with all the pages prominently numbered
consecutively, together with an index of the contents thereof.
12

This section shall not apply in appeals in special proceedings and in other
cases wherein multiple appeals are allowed under applicable provisions of
the Rules of Court.
Section 40. Form of decision in appealed cases. – Every decision of final
resolution of a court in appealed cases shall clearly and distinctly state the
findings of fact and the conclusions of law on which it is based, which may be
contained in the decision or final resolution itself, or adopted by reference
from those set forth in the decision, order, or resolution appealed from.
Section 41. Salaries. – Intermediate Appellate Justices, Regional Trial
Judges, Metropolitan Trial Judges, Municipal Trial Judges, and Municipal
Circuit Trial Judges shall receive such compensation and allowances as may
be authorized by the President along the guidelines set forth in Letter of
Implementation No. 93 pursuant to Presidential Decree No. 985, as amended
by Presidential Decree No. 1597.
Section 42. Longevity pay. – A monthly longevity pay equivalent to 5% of the
monthly basic pay shall be paid to the Justices and Judges of the courts
herein created for each five years of continuous, efficient, and meritorious
service rendered in the judiciary; Provided, That in no case shall the total
salary of each Justice or Judge concerned, after this longevity pay is added,
exceed the salary of the Justice or Judge next in rank.
Section 43. Staffing pattern. – The Supreme Court shall submit to the
President, within thirty (30) days from the date of the effectivity of this Act, a
staffing pattern for all courts constituted pursuant to this Act which shall be
the basis of the implementing order to be issued by the President in
accordance with the immediately succeeding section.
Section 44. Transitory provisions. – The provisions of this Act shall be
immediately carried out in accordance with an Executive Order to be issued
by the President. The Court of Appeals, the Courts of First Instance, the
Circuit Criminal Courts, the Juvenile and Domestic Relations Courts, the
Courts of Agrarian Relations, the City Courts, the Municipal Courts, and the
Municipal Circuit Courts shall continue to function as presently constituted
and organized, until the completion of the reorganization provided in this Act
as declared by the President. Upon such declaration, the said courts shall be
deemed automatically abolished and the incumbents thereof shall cease to
hold office. The cases pending in the old Courts shall be transferred to the
appropriate Courts constituted pursuant to this Act, together with the
JURISDICTION | CRIMINAL PROCEDURE
pertinent functions, records, equipment, property and the necessary
personnel.
The applicable appropriations shall likewise be transferred to the appropriate
courts constituted pursuant to this Act, to be augmented as may be
necessary from the funds for organizational changes as provided in Batas
Pambansa Blg. 80. Said funding shall thereafter be included in the annual
General Appropriations Act.
Section 45. Shari'a Courts. – Shari'a Courts to be constituted as provided for
in Presidential Decree No. 1083, otherwise known as the "Code of Muslim
Personal Laws of the Philippines," shall be included in the funding
appropriations so provided in this Act.
Section 46. Gratuity of judges and personnel separated from office. – All
members of the judiciary and subordinate employees who shall be separated
from office by reason of the reorganization authorized herein, shall be
granted a gratuity at a rate equivalent to one month's salary for every year of
continuous service rendered in any branch of the government or equivalent
nearest fraction thereof favorable to them on the basis of the highest salary
received: Provided, That such member of the judiciary or employee shall
have the option to retire under the Judiciary Retirement Law or general
retirement law, if he has met or satisfied the requirements therefor.
Section 47. Repealing clause. – The provisions of Republic Act No. 296,
otherwise known as the Judiciary Act of 1948, as amended, of Republic Act
No. 5179 as amended, of the Rules of Court, and of all other statutes, letters
of instructions and general order or parts thereof, inconsistent with the
provisions of this Act are hereby repealed or accordingly modified.
Section 48. Date of Effectivity. – This Act shall take effect immediately.
Approved: August 14, 1981
Footnotes
*Other provisions of the Act:
"Section. 5. After five(5) years from the effectivity of this Act, the
jurisdictional amounts mentioned in Sec. 19(3), (4), and (8); and Sec.
33(1) of Batas Pambansa Blg. 129 as amended by this Act, shall be
13
 JURISDICTION | CRIMINAL PROCEDURE

adjusted to Two hundred thousand pesos (P200,000.00). five (5)
years thereafter, such jurisdictional amounts shall be adjusted further
to Three hundred thousand pesos (P300,000.00): Provided,
however, That in the case of Metro Manila, the abovementioned
jurisdictional amounts shall be adjusted after five (5) years from the
effectivity of this Act of Four hundred thousand pesos (P400,000.00).

Section. 7. The provisions of this Act shall apply to all civil cases that
have not yet reached the pre-trial stage. However, by agreement of
all the parties, civil cases cognizable by municipal and metropolitan
courts by the provisions of this Act may be transferred from the
Regional Trial Courts to the latter. The executive judge of the
appropriate Regional Trial Court shall define the administrative
procedure of transferring the cases affected by the redefinition of
jurisdiction to the Metropolitan Trial Courts, Municipal Trial Court,
and Municipal Circuit Trial Court."

*Criminal cases falling within the jurisdiction of Family Courts

(established by the Family Courts Act of 1997 [R.A. No. 8369]) have
been transferred from Metropolitan trial Courts, Municipal Trial
Courts,

Municipal trial Court in Cities, Municipal Trial Courts and Municipal

Circuit Trial Courts to Regional trial Courts under A.M. No. 99-1-13-
SC effective March 1, 1999.

14

SC ADMINISTRATIVE CIRCULAR NO. 09-94 June 14, 1994
TO: THE COURT OF APPEALS, SANDIGANBAYAN, REGIONAL TRIAL
COURT, METROPOLITAN TRIAL COURTS, METROPOLITAN TRIAL
COURTS, MUNICIPAL TRIAL COURTS, MUNICIPAL CIRCUIT TRIAL
COURT, ALL MEMBERS OF THE GOVERNMENT PROSECUTION
SERVICE AND ALL MEMBERS OF THE INTEGRATED BAR OF THE
PHILIPPINES
JURISDICTION | CRIMINAL PROCEDURE
3. The criminal jurisdiction of the Metropolitan Trial Courts, Municipal Trial
Courts, and Municipal Trial Courts under Section 32 (2) of B.P. Blg. 129, as
amended by R.A. No. 7691, has been increased to cover offenses
punishable with imprisonment not exceeding six (6) years irrespective of the
amount of the fine. As a consequence, the Regional Trial Courts have no
more original jurisdiction over offenses committed by public officers and
employees in relation to their office, where the offense is punishable by more
than four (4) years and two (2) months up to six (6) years.

4. The provisions of Section 32 (2) of B.P. 129 as amended by R.A. No.

SUBJECT: GUIDELINES IN THE IMPLEMENTATION OF REPUBLIC ACT
7691, apply only to offenses punishable by imprisonment or fine, or both, in
NO. 7691. ENTITLED "AN ACT EXPANDING THE JURISDICTION OF THE
which cases the amount of the fine is disregarded in determining the
METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS AND
jurisdiction of the court. However, in cases where the only penalty provided
MUNICIPAL TRIAL COURTS AND MUNICIPAL CIRCUIT TRIAL COURTS,
by law is a fine, the amount thereof shall determine the jurisdiction of the
AMENDING FOR THE PURPOSE BATAS PAMBANSA BLG. 129,
court in accordance with the original provisions of Section 32 (2) of B.P. Blg.
OTHERWISE KNOWN AS THE 'JUDICIARY REORGANIZATION ACT OF
129 which fixed original exclusive jurisdiction of the Metropolitan Trial Courts,
1980."
Municipal Trial Courts, and Municipal Circuit Trial Courts over offenses
punishable with a fine of not more than four thousand pesos. If the amount of
For the guidance of the bench and the Bar, the following guidelines are to be the fine exceeds four thousand pesos, the Regional Trial Court shall have
followed in the implementation of Republic Act No. 7691, entitled "An Act jurisdiction, including offenses committed by public officers and employees in
Expanding the Jurisdiction of the Metropolitan Trial Courts, Municipal Trial relation to their office, where the amount of the fine does not exceed six
Courts, and Municipal Circuit Trial Courts, Amending for the Purpose Batas thousand pesos.
Pambansa Blg. 129, Otherwise Known as the 'Judiciary Reorganization Act
of 1980":
However, this rule does not apply to offenses involving damage to property
through criminal negligence which are under the exclusive original jurisdiction
1. The new jurisdiction of the Regional Trial Courts, Metropolitan Trial Courts, of the Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit
Municipal Trial Courts, and Municipal Circuit Trial Courts in civil and original Trial Courts, irrespective of the amount of the imposable fine.
cases, and in cadastral and land registration cases, under Section 19, 32, 33
and 34 of B.P. Blg. 129, as amended by R.A. No. 7691. Was effective on
April 15, 1994, fifteen (15) days after the publication in the Malaya and in the Manila, June 14, 1994.
Times Journal on March 30, 1994, pursuant to Section 8 of the R.A. No.
7691. (Sgd.) ANDRES R. NARVASA
Chief Justice
2. The exclusion of the term "damages of whatever kind" in determining the
jurisdictional amount under Section 19 (8) and Section 33 (1) of B.P. Blg.
129, as amended by R.A. No. 7691, applies to cases where the damages are
merely incidental to or a consequence of the main cause of action. However,
in cases where the claim for damages is the main cause of action, or one of
the causes of action, the amount of such claim shall be considered in
determining the jurisdiction of the court.

15

REVISED RULES ON SUMMARY PROCEDURE
RESOLUTION OF THE COURT EN BANC DATED OCTOBER 15, 1991
PROVIDING FOR THE REVISED RULE ON SUMMARY PROCEDURE FOR
METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS IN
CITIES, MUNICIPAL TRIAL COURTS AND MUNICIPAL CIRCUIT TRIAL
COURTS.
Pursuant to Section 36 of the Judiciary Reorganization Act of 1980 (B.P
Blg. 129) and to achieve an expeditious and inexpensive determination
of the cases referred to herein, the Court Resolved to promulgate the
following Revised Rule on Summary Procedure
I.
Applicability
Section 1. Scope. — This rule shall govern the summary procedure in the
Metropolitan Trial Courts, the Municipal Trial Courts in Cities, the Municipal
Trial Courts, and the Municipal Circuit Trial Courts in the following cases
falling within their jurisdiction:
A. Civil Cases:
(1) All cases of forcible entry and unlawful detainer, irrespective of the
amount of damages or unpaid rentals sought to be recovered. Where
attorney's fees are awarded, the same shall not exceed twenty thousand
pesos (P20,000.00).
(2) All other civil cases, except probate proceedings, where the total amount
of the plaintiff's claim does not exceed ten thousand pesos (P10,000.00),
exclusive of interest and costs.chanrobles virtual law library
B. Criminal Cases:
(1) Violations of traffic laws, rules and regulations;
(2) Violations of the rental law;
(3) Violations of municipal or city ordinances;
(4) All other criminal cases where the penalty prescribed by law for the
offense charged is imprisonment not exceeding six months, or a fine not
exceeding (P1,000.00), or both, irrespective of other imposable penalties,
accessory or otherwise, or of the civil liability arising therefrom: Provided,
however, that in offenses involving damage to property through criminal
negligence, this Rule shall govern where the imposable fine does not exceed
ten thousand pesos (P10,000.00).
JURISDICTION | CRIMINAL PROCEDURE
This Rule shall not apply to a civil case where the plaintiffs cause of action is
pleaded in the same complaint with another cause of action subject to the
ordinary procedure; nor to a criminal case where the offense charged is
necessarily related to another criminal case subject to the ordinary
procedure.chanrobles virtual law library Sec. 2. Determination of
applicability. — Upon the filing of a civil or criminal action, the court shall
issue an order declaring whether or not the case shall be governed by this
Rule A patently erroneous determination to avoid the application of the Rule
on Summary Procedure is a ground for disciplinary action.
II.
Civil Cases
Sec. 3. Pleadings. —
A. Pleadings allowed. — The only pleadings allowed to be filed are the
complaints, compulsory counterclaims and cross-claims' pleaded in the
answer, and the answers thereto.
B. Verifications. — All pleadings shall be verified.
Sec. 4. Duty of court. — After the court determines that the case falls
under summary procedure, it may, from an examination of the allegations
therein and such evidence as may be attached thereto, dismiss the case
outright on any of the grounds apparent therefrom for the dismissal of a civil
action. If no ground for dismissal is found it shall forthwith issue summons
which shall state that the summary procedure under this Rule shall apply. d-
c
Sec. 5. Answer. — Within ten (10) days from service of summons, the
defendant shall file his answer to the complaint and serve a copy thereof on
the plaintiff. Affirmative and negative defenses not pleaded therein shall be
deemed waived, except for lack of jurisdiction over the subject matter. Cross-
claims and compulsory counterclaims not asserted in the answer shall be
considered barred. The answer to counterclaims or cross-claims shall be
filed and served within ten (10) days from service of the answer in which they
are pleaded.
Sec. 6. Effect of failure to answer. — Should the defendant fail to answer
the complaint within the period above provided, the court, motu proprio, or on
motion of the plaintiff, shall render judgment as may be warranted by the
facts alleged in the complaint and limited to what is prayed for therein:
Provided, however, that the court may in its discretion reduce the amount of
damages and attorney's fees claimed for being excessive or otherwise
unconscionable. This is without prejudice to the applicability of Section 4,
Rule 15 of the Rules of Court, if there are two or more defendants.
16

Sec. 7. Preliminary conference; appearance of parties. — Not later than
thirty (30) days after the last answer is filed, a preliminary conference shall
be held. The rules on pre-trial in ordinary cases shall be applicable to the
preliminary conference unless inconsistent with the provisions of this Rule.
The failure of the plaintiff to appear in the preliminary conference shall be a
cause for the dismissal of his complaint. The defendant who appears in the
absence of the plaintiff shall be entitled to judgment on his counterclaim in
accordance with Section 6 hereof. All cross-claims shall be dismissed.
If a sole defendant shall fail to appear, the plaintiff shall be entitled to
judgment in accordance with Section 6 hereof. This Rule shall not apply
where one of two or more defendants sued under a common cause of action
who had pleaded a common defense shall appear at the preliminary
conference.
Sec. 8. Record of preliminary conference. — Within five (5) days after
the termination of the preliminary conference, the court shall issue an order
stating the matters taken up therein, including but not limited to:
(a) Whether the parties have arrived at an amicable settlement, and if so,
the terms thereof;
(b) The stipulations or admissions entered into by the parties;.
(c) Whether, on the basis of the pleadings and the stipulations and
admissions made by the parties, judgment may be rendered without the need
of further proceedings, in which event the judgment shall be rendered within
thirty (30) days from issuance of the order;
(d) A clear specification of material facts which remain controverted; and
(e) Such other matters intended to expedite the disposition of the case.
Sec. 9. Submission of affidavits and position papers. — Within ten (10)
days from receipt of the order mentioned in the next preceding section, the
parties shall submit the affidavits of their witnesses and other evidence on
the factual issues defined in the order, together with their position papers
setting forth the law and the facts relied upon by them.
Sec. 10. Rendition of judgment. — Within thirty (30) days after receipt of
the last affidavits and position papers, or the expiration of the period for filing
the same, the court shall render judgment.
However should the court find it necessary to clarify certain material facts, it
may, during the said period, issue an order specifying the matters to be
clarified, and require the parties to submit affidavits or other evidence on the
said matters within ten (10) days from receipt of said order. Judgment shall
JURISDICTION | CRIMINAL PROCEDURE
be rendered within fifteen (15) days after the receipt of the last clarificatory
affidavits, or the expiration of the period for filing the same.
The court shall not resort to the clarificatory procedure to gain time for the
rendition of the judgment.
III.
Criminal Cases
Sec. 11. How commenced. — The filing of criminal cases falling within the
scope of this Rule shall be either by complaint or by information: Provided,
however, that in Metropolitan Manila and in Chartered Cities. such cases
shall be commenced only by information, except when the offense cannot be
prosecuted de oficio.
The complaint or information shall be accompanied by the affidavits of the
compliant and of his witnesses in such number of copies as there are
accused plus two (2) copies for the court's files.If this requirement is not
complied with within five (5) days from date of filing, the care may be
dismissed.
Sec. 12. Duty of court. —
(a) If commenced by compliant. — On the basis of the compliant and the
affidavits and other evidence accompanying the same, the court may dismiss
the case outright for being patently without basis or merit and order the
release of the amused if in custody.
(b) If commenced by information. — When the case is commenced by
information, or is not dismissed pursuant to the next preceding paragraph,
the court shall issue an order which, together with copies of the affidavits and
other evidence submitted by the prosecution, shall require the accused to
submit his counter-affidavit and the affidavits of his witnesses as well as any
evidence in his behalf, serving copies thereof on the complainant or
prosecutor not later than ten (10) days from receipt of said order. The
prosecution may file reply affidavits within ten (10) days after receipt of the
counter-affidavits of the defense.
Sec. 13. Arraignment and trial. — Should the court, upon a consideration
of the complaint or information and the affidavits submitted by both parties,
find no cause or ground to hold the accused for trial, it shall order the
dismissal of the case; otherwise, the court shall set the case for arraignment
and trial.
17

If the accused is in custody for the crime charged, he shall be immediately
arraigned and if he enters a plea of guilty, he shall forthwith be sentenced.
Sec. 14. Preliminary conference. — Before conducting the trial, the court
shall call the parties to a preliminary conference during which a stipulation of
facts may be entered into, or the propriety of allowing the accused to enter a
plea of guilty to a lesser offense may be considered, or such other matters
may be taken up to clarify the issues and to ensure a speedy disposition of
the case.However, no admission by the accused shall be used against him
unless reduced to writing and signed by the accused and his counsel.A
refusal or failure to stipulate shall not prejudice the accused.
Sec. 15. Procedure of trial. — At the trial, the affidavits submitted by the
parties shall constitute the direct testimonies of the witnesses who executed
the same. Witnesses who testified may be subjected to cross-examination,
redirect or re-cross examination. Should the affiant fail to testify, his affidavit
shall not be considered as competent evidence for the party presenting the
affidavit, but the adverse party may utilize the same for any admissible
purpose.
Except in rebuttal or surrebuttal, no witness shall be allowed to testify unless
his affidavit was previously submitted to the court in accordance with Section
12 hereof.
However, should a party desire to present additional affidavits or counter-
affidavits as part of his direct evidence, he shall so manifest during the
preliminary conference, stating the purpose thereof. If allowed by the court,
the additional affidavits of the prosecution or the counter-affidavits of the
defense shall be submitted to the court and served on the adverse party not
later than three (3) days after the termination of the preliminary conference. If
the additional affidavits are presented by the prosecution, the accused may
file his counter-affidavits and serve the same on the prosecution within three
(3) days from such service.
Sec. 16. Arrest of accused. — The court shall not order the arrest of the
accused except for failure to appear whenever required. Release of the
person arrested shall either be on bail or on recognizance by a responsible
citizen acceptable to the court.
Sec. 17. Judgment. — Where a trial has been conducted, the court shall
promulgate the judgment not later than thirty (30) days after the termination
of trial.
JURISDICTION | CRIMINAL PROCEDURE
IV.
COMMON PROVISIONS
Sec. 18. Referral to Lupon. — Cases requiring referral to the Lupon for
conciliation under the provisions of Presidential Decree No. 1508 where
there is no showing of compliance with such requirement, shall be dismissed
without prejudice and may be revived only after such requirement shall have
been complied with. This provision shall not apply to criminal cases where
the accused was arrested without a warrant.
Sec. 19. Prohibited pleadings and motions. — The following pleadings,
motions or petitions shall not be allowed in the cases covered by this Rule:
(a) Motion to dismiss the complaint or to quash the complaint or information
except on the ground of lack of jurisdiction over the subject matter, or failure
to comply with the preceding section;
(b) Motion for a bill of particulars;
(c) Motion for new trial, or for reconsideration of a judgment, or for opening
of trial;
(d) Petition for relief from judgment;
(e) Motion for extension of time to file pleadings, affidavits or any other
paper;
(f) Memoranda;
(g) Petition for certiorari, mandamus, or prohibition against any interlocutory
order issued by the court;
(h) Motion to declare the defendant in default; library
(i) Dilatory motions for postponement;
(j) Reply;
(k) Third party complaints;
(l) Interventions.
Sec. 20. Affidavits. — The affidavits required to be submitted under this
Rule shall state only facts of direct personal knowledge of the affiants which
are admissible in evidence, and shall show their competence to testify to the
matters stated therein.
A violation of this requirement may subject the party or the counsel who
submits the same to disciplinary action, and shall be cause to expunge the
inadmissible affidavit or portion thereof from the record.chanrobles virtual law
library
Sec. 21. Appeal. — The judgment or final order shall be appealable to the
appropriate regional trial court which shall decide the same in accordance
with Section 22 of Batas Pambansa Blg. 129. The decision of the regional
trial court in civil cases governed by this Rule, including forcible entry and
18
 JURISDICTION | CRIMINAL PROCEDURE

unlawful detainer, shall be immediately executory, without prejudice to a
further appeal that may be taken therefrom. Section 10 of Rule 70 shall be
deemed repealed.

Sec. 22. Applicability of the regular rules. — The regular procedure

prescribed in the Rules of Court shall apply to the special cases herein
provided for in a suppletory capacity insofar as they are not inconsistent
herewith.

Sec. 23. Effectivity. — This revised Rule on Summary Procedure shall be

effective on November 15, 1991.

19

Republic Act No. 8493 February 12, 1998
AN ACT TO ENSURE A SPEEDY TRIAL OF ALL CRIMINAL CASES
BEFORE THE SANDIGANBAYAN, REGIONAL TRIAL COURT,
METROPOLITAN TRIAL COURT, MUNICIPAL TRIAL COURT, AND
MUNICIPAL CIRCUIT TRIAL COURT, APPROPRIATING FUNDS
THEREFOR, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines
in Congress assembled::
Section 1. Title. - This Act shall be known as the "Speedy Trial Act of
1998."
Section 2. Mandatory Pre-Trial in Criminal Cases. - In all cases
cognizable by the Municipal Trial Court, Municipal Circuit Trial Court,
Metropolitan Trial Court, Regional Trial Court, and the Sandiganbayan, the
justice or judge shall, after arraignment, order a pre-trial conference to
consider the following:
(a) Plea bargaining;
(b) Stipulation of Facts;
(c) Marking for identification of evidence of parties;
(d) Waiver of objections to admissibility of evidence; and
(e) Such other matters as will promote a fair and expeditious trial.
Section 3. Pre-Trial Agreement. - All agreements or admissions made or
entered into during the pre-trial conference shall be reduced to writing and
signed by the accused and counsel, otherwise the same shall not be used in
evidence against the accused. The agreements in relation to matters referred
to in Section 2 hereof is subject to the approval of the court: Provided, That
the agreement on the plea of the accused to a lesser offense may only be
revised, modified, or annulled by the court when the same is contrary to law,
public morals, or public policy.
JURISDICTION | CRIMINAL PROCEDURE
Section 4. Nonappearance at Pre-Trial Conference. - Where counsel for
the accused or the prosecutor does not appear at the pre-trial conference
and does not offer an acceptable excuse for his/her lack of cooperation, the
pre-trial justice or judge may impose proper sanctions or penalties.
Section 5. Pre-Trial Order. - After the pre-trial conference, the court shall
issue an order reciting the actions taken, the facts stipulated, and evidence
marked. Such order shall bind the parties, limit the trial to matters not
disposed of and control the course of action during the trial, unless modified
by the court to prevent manifest injustice.
Section 6. Time Limit for Trial. - In criminal cases involving persons
charged of a crime, except those subject to the Rules on Summary
Procedure, or where the penalty prescribed by law does not exceed six (6)
months imprisonment, or a fine of One thousand pesos (P1,000.00) or both,
irrespective of other imposable penalties, the justice or judge shall, after
consultation with the public prosecutor and the counsel for the accused, set
the case for continuous trial on a weekly or other short-term trial calendar at
the earliest possible time so as to ensure speedy trial. In no case shall the
entire trial period exceed one hundred eighty (180) days from the first day of
trial, except as otherwise authorized by the Chief Justice of the Supreme
Court pursuant to Section 3, Rule 22 of the Rules of Court.
Section 7. Time Limit Between Filing of Information and Arraignment
and Between Arraignment and Trial. - The arraignment of an accused shall
be held within thirty (30) days from the filing of the information, or from the
date the accused has appeared before the justice, judge or court in which the
charge is pending, whichever date last occurs. Thereafter, where a plea of
not guilty is entered, the accused shall have at least fifteen (15) days to
prepare for trial. Trial shall commence within thirty (30) days from
arraignment as fixed by the court.
If the accused pleads not guilty to the crime charged, he/she shall state
whether he/she interposes a negative or affirmative defense. A negative
defense shall require the prosecution to prove the guilt of the accused
beyond reasonable doubt, while an affirmative defense may modify the order
of trial and require the accused to prove such defense by clear and
convincing evidence.
Section 8. Time Limit Following an Order for New Trial. - If the accused is
to be tried again following an order of a court for a new trial, the trial shall
commence within thirty (30) days from the date the order for a new trial
20

becomes final, except that the court retrying the case may extend such
period but in any case shall not exceed one hundred eighty (180) days from
the date the order for a new trial becomes final if unavailability of witnesses
or other factors resulting from passage of time shall make trial within thirty
(30) days impractical.
Section 9. Extended Time Limit. - Notwithstanding the provisions of
Section 7 of this Act, for the first twelve-calendar-month period following its
effectivity, the time limit with respect to the period from arraignment to trial
imposed by Section 7 of this Act shall be one hundred eighty (180) days. For
the second twelve-month period the time limit shall be one hundred twenty
(120) days, and for the third twelve-month period the time limit with respect to
the period from arraignment to trial shall be eighty (80) days.
Section 10. Exclusions. - The following periods of delay shall be excluded
in computing the time within which trial must commence:
(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 accused, and
hearing on his/her mental competency, or physical
incapacity;
(2) delay resulting from trials with respect to charges against
the accused;
(3) delay resulting from interlocutory appeals;
(4) delay resulting from hearings on pre-trial motions:
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 the existence of a valid
prejudicial question; and
JURISDICTION | CRIMINAL PROCEDURE
(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
the accused or an essential witness.
For purposes of this subparagraph, an accused or an essential
witness shall be considered absent when his/her whereabouts are
unknown and, in addition, he/she is attempting to avoid
apprehension or prosecution or his/her whereabouts cannot be
determined by due diligence. An accused or an essential witness
shall be considered unavailable whenever his/her whereabouts are
known but his/her presence for trial cannot be obtained by due
diligence or he/she resists appearing at or being returned for trial.
(c) Any period of delay resulting from the fact that the accused is
mentally incompetent or physically unable 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,
or any offense required to be joined with that 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
severance has been granted.
(f) Any period of delay resulting from a continuance granted by any
justice or judge motu propio or on motion of the accused or his/her
counsel or at the request of the public prosecutor, if the justice or
judge granted such continuance on the basis of his/her findings that
the ends of justice served by taking such action outweigh the best
interest of the public and the defendant in a speedy trial. No such
period of delay resulting from a continuance granted by the court in
accordance with this subparagraph shall be excludable under this
section unless the court sets forth, in the record of the case, either
orally or in writing, its reasons for finding that the ends of justice
21

served by the granting of such continuance outweigh the best
interests of the public and the accused in a speedy trial.
Section 11. Factors for Granting Continuance. - The factors, among
others, which a justice or judge shall consider in determining whether to grant
a continuance under subparagraph (f) of Section 10 of this Act are as follows:
(a) Whether the failure to grant such a continuance in the proceeding
would be likely to make a continuation of such proceeding
impossible, or result in a miscarriage of justice.
(b) Whether the case taken as a whole is so novel, so unusual and
so complex, due to the number of accused or the nature of the
prosecution or otherwise, that it is unreasonable to expect adequate
preparation within the periods of time established by this Act.
No continuance under subparagraph (f) of Section 10 shall be granted
because of general congestion of the court's calendar, or lack of diligent
preparation or failure to obtain available witnesses on the part of the public
prosecutor.
Section 12. Public Attorney's Duties Where Accused is Imprisoned. - If
the public attorney knows that a person charged of a crime is preventively
detained, either because he/she is charged of a bailable crime and has no
means to post bail, or is charged of a non-bailable crime, or is serving a term
of imprisonment in any penal institution, the public attorney shall promptly:
(a) Undertake to obtain the presence of the prisoner for trial, or
cause a notice to be served on the person having custody of the
prisoner mandating such person to so advise the prisoner of his/her
right to demand trial.
(b) Upon receipt of a notice, the person having custody of the
prisoner shall promptly advise the prisoner of the charge and of
his/her right to demand trial. If at any time thereafter the prisoner
informs the person having custody that he/she demands trial, such
person shall cause notice to that effect to be sent promptly to the
public attorney.
(c) Upon receipt of such notice, the public attorney shall promptly
seek to obtain the presence of the prisoner for trial.
JURISDICTION | CRIMINAL PROCEDURE
(d) When the person having custody of the prisoner receives from
the public attorney a properly supported request for temporary
custody of the prisoner for trial, the prisoner shall be made available
to that public attorney.
Section 13. Remedy Where Accused is Not Brought to Trial Within the
Time Limit. - If an accused is not brought to trial within the time limit required
by Section 7 of this Act as extended by Section 9, the information shall be
dismissed on motion of the accused. The accused shall have the burden of
proof of supporting such motion but the prosecution shall have the burden of
going forward with the evidence in connection with the exclusion of time
under Section 10 of this Act.
In determining whether to dismiss the case with or without prejudice, the
court shall consider, among other factors, the seriousness of the offense, the
facts and circumstances of the case which led to the dismissal, and the
impact of a reprosecution on the implementation of this Act and on the
administration of justice. Failure of the accused to move for dismissal prior to
trial or entry of a plea of guilty shall constitute a waiver of the right to
dismissal under this section.
Section 14. Sanctions. - In any case in which counsel for the accused, the
public prosecution or public attorney:
(a) knowingly allows the case to be set for trial without disclosing the
fact that a necessary witness would be unavailable for trial;
(b) files a motion solely for the purpose of delay which he/she knows
is totally frivolous and without merit;
(c) makes a statement for the purpose of obtaining continuance
which he/she knows to be false and which is material to the granting
of a continuance; or
(d) otherwise willfully fails to proceed to trial without justification
consistent with the provisions of this Act, the court may, without
prejudice to any appropriate criminal and/or administrative charges to
be instituted by the proper party against the erring counsel if and
when warranted, punish any such counsel or attorney, as follows:
22

(1) in the case of a counsel privately retained in connection
with the defense of an accused, by imposing a fine not
exceeding; fifty percent (50%) of the compensation to which
he/she is entitled in connection with his/her defense of the
accused;
(2) by imposing on any appointed counsel de officio or public
prosecutor a fine not exceeding Ten thousand pesos
(10,000.00); and
(3) by denying any defense counsel or public prosecutor the
right to practice before the court considering the case for a
period not exceeding thirty (30) days.
The authority to punish provided for by this section shall be in
addition to any other authority or power available to the court. The
court shall follow the procedures established in the Rules of Court in
punishing any counsel or public prosecutor pursuant to this section.
JURISDICTION | CRIMINAL PROCEDURE
Section 18. Repealing Clause. - All laws, presidential decrees, executive
orders, rules and regulations or parts thereof inconsistent with the provisions
of this Act are hereby repealed or modified accordingly.
Section 19. Separability Clause. - In case any provision of this Act is
declared unconstitutional, the other provisions shall remain in effect.
Section 20. Effectivity. - This Act shall take effect after fifteen (15) days
following its publication in the Official Gazette or in any newspaper of general
circulation: Provided, That Section 7 of this Act shall become effective after
the expiration of the aforementioned third-calendar-month period provided in
Section 9 of this Act.
Approved: February 12, 1998

Section 15. Rules and Regulations. - The Supreme Court shall promulgate
rules, regulations, administrative orders and circulars which shall seek to
accelerate the disposition of criminal cases. The rules, regulations,
administrative orders and circulars formulated shall provide sanctions against
justices and judges who willfully fail to proceed to trial without justification
consistent with the provisions of this Act.

Section 16. Funding. - For the effective implementation of the rules,

regulations, administrative orders and circulars promulgated under this Act,
the amount of Twenty million pesos (P20,000,000.00) annually shall be
appropriated from the allocation of the Supreme Court under the General
Appropriations Act. Thereafter, such additional amounts as may be
necessary for its continued implementation shall be included in the annual
General Appropriations Act.

Section 17. Act Not a Bar to Speedy Trial Claim Under the
Constitution. - No provision of this Act shall be interpreted as a bar to any
claim of denial of speedy trial as required by Article III, Section 14(2) of the
1987 Constitution.

23

CIRCULAR NO. 38-98 August 11, 1998
IMPLEMENTING THE PROVISIONS OF REPUBLIC ACT NO. 8493,
ENTITLED "AN ACT TO ENSURE A SPEEDY TRIAL OF ALL CRIMINAL
CASES BEFORE THE SANDIGANBAYAN, REGIONAL TRIAL COURT,
METROPOLITAN TRIAL COURT, MUNICIPAL TRIAL COURT IN CITIES,
MUNICIPAL TRIAL COURT AND MUNICIPAL CIRCUIT TRIAL COURT,
APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES."
SECTION 1. PURPOSE OF CIRCULAR. — This Circular is promulgated
for the purpose of implementing the provisions of Republic Act No. 8493,
otherwise known as the "Speedy Trial Act of 1998," as directed in Section 15
hereof.
Sec. 2. TIME LIMIT FOR ARRAIGNMENT AND PRE-TRIAL. — The
arraignment and the pre-trial, if the accused pleads not guilty to the crime
charged, shall be held within thirty (30) days from the date the court acquires
jurisdiction over the person of the accused. The period of the pendency of a
motion to quash, or for a bill of particulars, or other causes justifying
suspension of arraignment shall be excluded.
Sec. 3. MANDATORY PRE-TRIAL IN CRIMINAL CASES. — In all criminal
cases cognizable by the Sandiganbayan, Regional Trial Court, Metropolitan
Trial Court, Municipal Trial Court in Cities, Municipal Trial Court and
Municipal Circuit Trial Court, the court shall, after arraignment, order a pre-
trial conference to consider the following:
(a) Plea bargaining;
(b) Stipulation of facts;
(c) Marking for identification of evidence of the parties;
(d) Waiver of objections to admissibility of evidence; and
(e) Such other matters as will promote a fair and expeditious trial of the
criminal and civil aspects of the case.
If the accused has pleaded not guilty to the crime charged, he may state
whether he interposes a negative or affirmative defense. A negative defense
shall require the prosecution to proved the guilt of the accused beyond
reasonable doubt, while an affirmative defense may modify the order of trial
and require the accused to prove such defense by clear and convincing
evidence.
JURISDICTION | CRIMINAL PROCEDURE
Sec. 4. PRE-TRIAL AGREEMENT. — All agreements or admissions made
or entered into during the pre-trial conference shall be reduced to writing and
signed by the accused and counsel, otherwise the same shall not be used
against the accused. The agreements in relation to matters referred to in
Section 3 hereof are subject to the approval of the court; Provided, That the
agreement on the please of the accused should be to a lesser offense
necessarily included in the offense charged.
Sec. 5. NON-APPEARANCE AT PRE-TRIAL CONFERENCE. — Where
counsel for the accused or the prosecutor does not appear at the pretrial
conference and does not offer an acceptable excuse for his lack of
cooperation, the court may impose proper sanctions or penalties.
Sec. 6. PRE-TRIAL ORDER. — After the pre-trial conference, the court shall
issue an order reciting the actions taken, the facts stipulated, and the
evidence marked. Such order shall bind the parties, limit the trial to matters
not disposed of and control the course of action during the trial, unless
modified by the court to prevent manifest injustice.
Thereafter, where a plea of not guilty is entered, the accused shall have at
least fifteen (15) days to prepare for trial which shall commence within thirty
(30) days from receipt of the pre-trial order.
Sec. 7. EXTENDED TIME LIMIT. — Notwithstanding the provisions of the
preceding sections 2 and 6 for the first twelve-calendar-month period
following its effectivity, the time limit with respect to the period from
arraignment to trial imposed by said provision shall be one hundred eighty
(180) days. For the second twelve-month period, the time limit shall be one
hundred twenty (120) days, and for the third twelve-month period the time
limit shall be eighty (80) days.
Sec. 8. TIME LIMIT FOR TRIAL. — In criminal cases involving persons
charged with a crime, except those subject to the Rule of Summary
Procedure, or where the penalty prescribed by law does not exceed six (6)
months imprisonment, or a fine of one thousand pesos (P1,000.00) or both,
irrespective of other imposable penalties, the court shall, after consultation
with the public prosecutor and the counsel for the accused, set the case for
continuous trial on a weekly or other short-term trial calendar at the earliest
possible time so as to ensure speedy trial. In no case shall the entire trial
period exceed one hundred eighty (180) days from the first day of trial,
except as otherwise authorized by the Court Administrator pursuant to
Section 2, Rule 30 of the Rules of Court.
24

Sec. 9. EXCLUSIONS. — The following periods of delay shall be excluded in
computing the time within which trial must commence:
(a) Any period 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 the existence of a valid 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. An essential witness 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 fact that the accused is
mentally incompetent or physically unable 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 mentally
incompetent or physically unable to stand trial.
JURISDICTION | CRIMINAL PROCEDURE
(f) Any period of delay resulting from a continuance granted by
any court motu propio or on motion of either 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.
Sec. 10. FACTORS FOR GRANTING CONTINUANCE. — The
following factors, among others, shall be considered by a court in
determining whether to grant a continuance under subparagraph (f) of
Section 9 hereof:
(a) Whether or not the failure to grant a continuance in the proceeding
would be like to make a continuation of such proceeding impossible, or result
in a miscarriage of justice; and
(b) Whether or not the case taken as a whole is so novel, unusual and
complex, due to the number of accused or the nature of the prosecution or
otherwise, that it is unreasonable to expect adequate preparation within the
periods of time established herein.
No continuance under subparagraph (f) Section 9 hereof shall be granted
because of congestion of the court’s calendar, or lack of diligent preparation
or failure to obtain available witnesses on the part of the public prosecutor.
Sec. 11. TIME LIMIT FOLLOWING AN ORDER FOR NEW TRIAL.
— If the accused is to be tried again pursuant to an order of a court for a new
trial, the trial shall commence within thirty (30) days from notice of that order,
except that the court retrying the case may extend such period but not to
exceed one hundred eighty (180) days from notice of said order for a new
trial if unavailability of witnesses or other factors make trial within thirty (30)
days impractical.
Sec. 12. PUBLIC ATTORNEY’S DUTIES WHERE ACCUSED IS
IMPRISONED. — If the public attorney assigned to defend a person charged
with a crime knows that the latter is preventively detained, either because he
is charged with a bailable crime and has no means to post bail, or is charged
with a non-bailable crime, or is serving a term of imprisonment in any penal
institution:
(a) The public attorney shall promptly undertake to obtain the
presence of the prisoner for trial, or cause a notice to be served on
the person having custody of the prisoner requiring such person to
so advise the prisoner of his right to demand trial.
25

(b) Upon receipt of that notice, the person having custody of the
prisoner shall promptly advise the prisoner of the charge and of his
right to demand trial, If at any time thereafter the prisoner informs his
custodian that he demands such trial, the latter shall cause notice to
that effect to be sent promptly to the public attorney.
(c) Upon receipt of such notice, the public attorney shall
promptly seek to obtain the presence of the prisoner for trial.
(d) When the person having custody of the prisoner receives
from the public attorney a properly supported request for the
availability of the prisoner for purposes of the trial, the prisoner shall
be made available accordingly.
Sec. 13. SANCTIONS. — In any case in which private counsel for the
accused, the public attorney or the public prosecutor:
(a) Knowingly allows the case to be set for trial without disclosing the
fact that a necessary witness would be unavailable for trial;
(b) files a motion solely for the purpose of delay which he knows is
totally frivolous and without merit;
(c) makes a statement for the purpose of obtaining continuance which
he know to be false and which is material to the granting of a continuance; or
(d) otherwise willfully fails to proceed to trial without justification
consistent with the provisions hereof, the court may punish any such
counsel, attorney or prosecutor, as follows:
(1) in the case of a counsel privately retained in connection with
the defense of an accused, by imposing a fine of not exceeding
twenty thousand pesos (P20,000.00);
(2) by imposing on any appointed counsel de oficio, public
attorney or public prosecutor a fine not exceeding five thousand
pesos (P5,000.00); and
(3) by denying any defense counsel or public prosecutor the
right to practice before the court considering the case for a period not
exceeding thirty (30) days.
JURISDICTION | CRIMINAL PROCEDURE
The authority to punish provided for by this section shall be without prejudice
to any appropriate criminal action or any other sanction authorized under the
Rules of Court.
Sec. 14. REMEDY WHERE ACCUSED IS NOT BROUGHT TO
TRIAL WITHIN THE TIME LIMIT. — If the accused is not brought to trial
within the time limit required by Sections 2 and 6 hereof, as extended by
Section 7, the information may be dismissed on motion of the accused on the
ground of denial of his right to speedy trial. The accused shall have the
burden of proving such motion by the prosecution shall have the burden of
going forward with the evidence in connection with the exclusion of time
under Section 9 hereof. The dismissal shall be subject to the rules on double
jeopardy.
Failure of the accused to move for dismissal prior to trial shall constitute a
waiver of the right to dismiss under this section.
Sec. 15. REPUBLIC ACT NO 8493 NOT A BAR TO PROVISION ON
SPEEDY TRIAL IN THE CONSTITUTION. — No provision of Republic Act
No. 8493 shall be interpreted as a bar to any charge of denial of speedy trial
as provided by Article III, Section 14(2), of the 1987 Constitution.
Sec. 16. EFFECTIVITY. — This Circular shall be published in two (2)
newspapers of general circulation and shall take effect on September 15,
1998.
August 11, 1998.
(Sgd.) ANDRES R. NARVASA
Chief Justice
26

PD No. 1606 December 10, 1978
REVISING PRESIDENTIAL DECREE NO. 1486 CREATING A SPECIAL
COURT TO BE KNOWN AS "SANDIGANBAYAN" AND FOR OTHER
PURPOSES
WHEREAS, the new Constitution declares that a public office is a public trust
and ordains that public officers and employees shall serve with the highest
degree of responsibility, integrity, loyalty and efficiency and shall remain at all
times accountable to the people;
WHEREAS, to attain the highest norms of official conduct required of public
officers and employees, Section 5, Article XIII of the New Constitution
provides for the creation of a special court to be known as Sandiganbayan;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers in me vested by the Constitution, do
hereby order and decree as follows:
Section 1. Sandiganbayan; composition; qualifications; tenure; removal and
composition.A special court, of the same level as the Court of Appeals and
possessing all the inherent powers of a court of justice, to be known as the
Sandiganbayan is hereby created composed of a Presiding Justice and eight
Associate Justices who shall be appointed by the President.
No person shall be appointed Presiding Justice or Associate Justice of the
Sandiganbayan; unless he is a natural-born citizen of the Philippines, at least
40 years of age and for at least ten years has been a judge of a court of
record or been engaged in the practice of law in the Philippines or has held
office requiring admission to the bar as a pre-requisite for a like period.
The Presiding Justice shall be so designated in his commission and the other
Justices shall have precedence according to the dates of their respective
commissions, or, when the commissions of two or more of them shall bear
the same date, according to the order in which their commissions have been
issued by the President.
The Presiding Justice and the Associate Justices shall not be removed from
office except on impeachment upon the grounds and in the manner provided
for in Sections 2, 3 and 4 of Article XIII of the 1973 Constitution.
JURISDICTION | CRIMINAL PROCEDURE
The Presiding Justice shall receive an annual compensation of P60,000.00
and each Associate Justice P55,000.00 which shall not be diminished during
their continuance in office. They shall have the same rank, privileges and
other emoluments, be subject to the same inhibitions and disqualifications,
and enjoy the same retirement and other benefits as those provided for
under existing laws of the Presiding Justice and Associate Justices of the
Court of Appeals.
Whenever the salaries of the Presiding Justice and the Associate Justices of
the Court of Appeals are increased, such increases in salaries shall be
correspondingly extended to and enjoyed by the Presiding Justice and the
Associate Justices of the Sandiganbayan.
They shall hold office until they reach the age of 65 years or become
incapacitated to discharge the duties of their office.
Section 2. Official Station; Place of Holding Sessions. The Sandiganbayan
shall have its principal office in the Metro Manila area and shall hold sessions
thereat for the trial and determination of all cases filed with it irrespective of
the place where they may have arisen; Provided, however, that the Presiding
Justice may authorize any division or divisions of court to hold sessions at
any time and place outside Metro Manila to hear and decide cases
emanating from any of the existing judicial districts. Whenever necessary, the
Sandiganbayan may require the services of the personnel and the use of the
facilities of any agency of the Government, national or local, including the
courts of first instance of the province where any of the divisions is holding
session, and those personnel of such agencies or courts shall be subject to
the orders of the Sandiganbayan.
Section 3. Divisions of the Courts; Quorum. The Sandiganbayan shall sit in
three divisions of three Justices each. The three divisions may sit at the
same time.
Three Justices shall constitute a quorum for session in division; Provided,
that when the required quorum cannot be had due to the legal disqualification
or temporary disability of a Justice or of a vacancy occurring therein, the
President shall, upon recommendation of the Presiding Justice, designate
any Justice of the Court of Appeals or Judge of the Court of First Instance or
of the Circuit Criminal Court of the judicial district concerned to sit temporarily
therein.
Section 4. Jurisdiction. The Sandiganbayan shall have jurisdiction over:
27

(a) Violations of Republic Act No. 3019, as amended, otherwise,
known as the Anti-Graft and Corrupt Practices Act, and Republic Act
No. 1379;
(b) Crimes committed by public officers and employees including
those employed in government-owned or controlled corporations,
embraced in Title VII of the Revised Penal Code, whether simple or
complexed with other crimes; and
(c) Other crimes or offenses committed by public officers or
employees, including those employed in government-owned or
controlled corporations, in relation to their office.
The jurisdiction herein conferred shall be original and exclusive if the offense
charged is punishable by a penalty higher than prision correccional, or its
equivalent, except as herein provided; in other offenses, it shall be
concurrent with the regular courts.
In case private individuals are charged as co-principals, accomplices or
accessories with the public officers or employees including those employed
in government-owned or controlled corporations, they shall be tried jointly
with said public officers and employees.
Where an accused is tried for any of the above offenses and the evidence is
insufficient to establish the offense charged, he may nevertheless be
convicted and sentenced for the offense proved, included in that which is
charged.
Any provision of law or the Rules of Court to the contrary notwithstanding,
the criminal action and the corresponding civil action for the recovery of civil
liability arising from the offense charged shall at all times be simultaneously
instituted with, and jointly determined in the same proceeding by, the
Sandiganbayan, the filing of the criminal action being deemed to necessarily
carry with it the filing of the civil action, and no right to reserve the filing of
such action shall be recognized; Provided, however, that, in cases within the
exclusive jurisdiction of the Sandiganbayan, where the civil action had
therefore been filed separately with a regular court but judgment therein has
not yet been rendered and the criminal case is hereafter filed with the
Sandiganbayan, said civil action shall be transferred to the Sandiganbayan
for consolidation and joint determination with the criminal action, otherwise,
the criminal action may no longer be filed with the Sandiganbayan, its
exclusive jurisdiction over the same notwithstanding, but may be filed and
JURISDICTION | CRIMINAL PROCEDURE
prosecuted only in the regular courts of competent jurisdiction; Provided,
further, that, in cases within the concurrent jurisdiction of the Sandiganbayan
and the regular courts, where either the criminal or civil action is first filed
with the regular courts, the corresponding civil or criminal action, as the case
may be, shall only be filed with the regular courts of competent jurisdiction.
Excepted from the foregoing provisions, during martial law, are criminal
cases against officers and members of the armed forces in the active
service.
Section 5. Proceedings, how conducted; votes required. The unanimous
vote of the three justices in a division shall be necessary for the
pronouncement of a judgment. In the event that the three justices do not
reach a unanimous vote, the Presiding Judge shall designate two other
justices from among the members of the Court to sit temporarily with them,
forming a division of five justices, and the concurrence of a majority of such
division shall be necessary for rendering judgment.
Section 6. Maximum period for termination of cases. As far as practicable,
the trial of cases before the Sandiganbayan once commenced shall be
continuos until terminated and the judgment shall be rendered within three
(3) months from the date the case was submitted for decision.
Section 7. Form, finality and enforcement of decisions. Decisions and final
orders of the Sandiganbayan shall contain complete findings of facts on all
issues properly raised before it.
A petition for reconsideration of any final order or decision maybe filed within
(15) days from promulgation or notice of the final order or judgment, and
such petition for reconsideration shall be decided within thirty (30) days from
submission thereon.
Decisions and final orders shall be subject to review on certiorari by the
Supreme Court in accordance with Rule 45 of the Rules of Court. The
Supreme Court shall decide any case on appeal promptly and without the
necessity of placing it upon the regular calendar. Whenever, in any case
decided, the death penalty shall have been imposed, the records shall be
forwarded to the Supreme Court, whether the accused shall have appealed
or not, for review and judgment, as law and justice shall dictate.
28

Final judgments and orders of the Sandiganbayan shall be executed and
enforced in the manner provided by law.
Section 8. Transfer of cases. As of the date of the effectivity of this decree,
any case cognizable by the Sandiganbayan within its exclusive jurisdiction
where none of the accused has been arraigned shall be transferred to the
Sandiganbayan.
Section 9. Rule-making Power. The Sandiganbayan shall have the power to
promulgate its own rules of procedure and, pending such promulgation, the
Rules of Court shall govern its proceedings.
Section 10. Authority over internal affairs. The Sandiganbayan shall
administer its own internal affairs and may adopt such rules governing the
constitution of its divisions, the allocation of cases among them, the rotation
of justices and other matters relating to its business.
Section 11. Proceeding free of charge. All proceedings in the
Sandiganbayan shall be conducted at no cost to the complainant and/or his
witnesses.
No criminal information or complaint shall be entertained by the
Sandiganbayan except upon a certification by the Investigating Prosecutor of
the existence of a prima facie case to be determined after a preliminary
investigation conducted in accordance with applicable laws and approved by
the Chief Special Prosecutor.
Section 12. Administrative personnel. The Sandiganbayan shall reelect and
appoint such personnel as it may deem necessary to discharge its functions
under this Decree including a Clerk of Court and three (3) Deputy Clerks of
Court who shall be members of the Bar.
The Clerk of Court shall have an annual compensation of P36,000.00 and
the Deputy Clerks of Court, P30,000.00.
All other subordinate employees of the Sandiganbayan shall be governed by
the provisions of the Civil Service Law; Provided, that the Sandiganbayan
may, by resolution en banc, remove any of them for cause.
JURISDICTION | CRIMINAL PROCEDURE
Section 13. Report to the President. The Sandiganbayan shall submit an
annual report to the President, including all disbursements of funds entrusted
to it, within two months from the end of the Fiscal Year.
Section 14. Funding. There is hereby immediately appropriated the sum of
Five Million Pesos (P5,000.00) out of any funds in the National Treasury to
carry out the provisions of this Decree and thereafter to be included in the
general appropriations act. The appropriations for the Sandiganbayan shall
be automatically released in accordance with a schedule submitted by the
Sandiganbayan.
Section 15. Separability of Provisions. If for any reason, any section or
provision of this Decree is declared to be unconstitutional or invalid, other
sections or provisions thereof which are not affected thereby, shall continue
in full force and effect.
Section 16. Repealing Clause. This Decree hereby repeals Presidential
Decree No. 1486 and all other provisions of law, General Orders,
Presidential Decrees, Letters of Instructions, rules or regulations inconsistent
herewith.
Section 17. Effectivity. This Decree shall take effect immediately.
Done in the City of Manila, this 10th day of December, in the year of Our
Lord, nineteen hundred and seventy-eight.
RULES OF THE SANDIGANBAYAN
Pursuant to the provisions of Section 5 of Article XIII of the Constitution of the
Philippines, as implemented by Presidential Decree No. 1606, the
Sandiganbayan hereby adopts and promulgates the following rules to govern
the conduct of its business.
RULE I
TITLE AND CONSTRUCTION
Section 1. Title of the Rules. These Rules shall be known and cited as the
Rules of the Sandiganbayan.
29

Section 2. Construction. These Rules shall be liberally construed in order to
promote their objectives and to achieve a just, expeditious and inexpensive
determination of every action and proceeding before the Sandiganbayan.
RULE II
CONTROL OF FUNCTIONS AND SUCCESSION
Section 1. Exclusive Control. Except as otherwise provided by the
Constitution and Presidential Decree No. 1606, the Sandiganbayan shall
have exclusive control, direction and supervision of all matters pertaining to
its internal affairs and the operation of its business.
Section 2. Succession in the Office of the Presiding Justice. In case of
vacancy in the position of Presiding Justice of the Sandiganbayan or his
temporary incapacity to exercise the powers and perform the duties of his
office, the same shall devolve upon the qualified most senior Associate
Justices until such incapacity is removed or another Presiding Justice is
appointed and has duly qualified.
RULE III
COMPOSITION OF DIVISIONS
Section 1. How Divisions Constituted. The Sandiganbayan shall consist of
three divisions which shall be known as the First Division, Second Division,
and Third Division, and shall each be composed of Presiding Justice and the
first two Associate Justices in the order of precedence as the respective
Chairmen; the next three Associate Justices in the order of precedence as
the respective senior members; and the last three Associate Justices in the
order of precedence as the respective junior members. However, until the
entire complement of the Sandiganbayan shall have been appointed and
qualified, the Presiding justice and the two Associate Justices first appointed
and qualified shall constitute the First Division.
Section 2. Vacancy; How Filled. In case of any vacancy in the composition
of a division, whether permanent or temporary, the Presiding Justice may
designate an Associate Justice of the Court, to be determined by strict
rotation on the basis of the reverse order of precedence, to sit as a special
member of said division with all the rights and prerogatives of a regular
member of said division in the trial and determination of cases assigned
JURISDICTION | CRIMINAL PROCEDURE
thereto, unless the operation of the other divisions of the Court will be
prejudiced thereby, in which case, the procedure provided in Section 3, Rule
VIII of these Rules shall apply.
RULE IV
FILING OF CASES
Section 1. Proceedings Free of Charge. All proceedings in the
Sandiganbayan be conducted at no cost to the complainant and/or his
witnesses.
Section 2. Preliminary Investigation Necessary. No criminal information or
complaint shall be entertained by the Sandiganbayan except upon a
certification by the investigating Prosecutor of the existence of a prima facie
case to be determined after a preliminary investigation conducted in
accordance with applicable laws and approved by the Chief Special
Prosecutor.
Section 3. Where Cases Filed. All cases to be filed with the Sandiganbayan
shall be filed with the Office of the Clerk of Court of the Sandiganbayan
which shall be open for the purpose of receiving complaints, information,
motions and the like from eight to twelve o'clock in the morning and twelve
thirty to four-thirty o'clock in the afternoon, on Mondays to Fridays, except on
public or special holidays.
RULE V
DISTRIBUTION AND CONSOLIDATION OF CASES
Section 1. Distribution of Cases. All cases filed with the Sandiganbayan shall
be allotted among the three divisions for hearing and decision by raffle to be
conducted by a Raffle Committee composed of the Presiding Justice and the
two most senior Associate Justices available, on such days as may hereafter
be fixed by the Presiding Justice depending upon the need for such raffle to
be made in view of the number of cases filed, with notice to the interested
parties who may, if they so desire, be present therein by themselves or
through counsel.
Section 2. Consolidation of Cases. Cases arising from the same incident on
series of incidents, or involving common questions of fact and law, may, in
the discretion of Sandiganbayan, be consolidated in only one division.
Should the propriety of such consolidation appear upon the filing of the cases
30

concerned and before they are raffled, all such cases shall be considered as
one case for purposes of the raffle; but, should the propriety of such
consolidation may be affected upon motion of an interested party filed with
the division taking cognizance of the case to be consolidated and, if granted,
consolidation shall be made in the division before which the case with the
lowest number is pending. In either case, the division in which consolidation
is effected shall be entitled to be credited in the distribution of cases with the
same number of cases transferred to it to the end that all divisions shall, as
much as possible, receive more or less the same number of cases filed with
the Sandiganbayan.
Section 3. Assignment of Cases Permanent. Cases assigned to a division of
the Sandiganbayan in accordance with these Rules shall remain with said
division notwithstanding changes in the composition thereof and all matters
raised therein shall be deemed to be submitted for consideration and
adjudication by any and all of the Justices who are members of the division
aforesaid at the time said matters are taken up, irrespective of whether they
were or were not members of the division at the time the case was first
assigned thereto: Provided, however, That only Justices who are members of
the division at the time a case is submitted for decision shall take part in the
consideration and adjudication of said case, unless any such member
thereafter ceases to be a member of the Sandiganbayan for any reason
whatsoever in which case any Justice chosen to fill the vacancy in
accordance with the manner provided in Section 2, Rule III, of these Rules
shall participate in the consideration and adjudication of said case; Provided,
lastly, that the Sandiganbayan en banc may, for special or compelling
reasons, transfer cases from one division thereof to another.
RULE VI
PROCESSES
Processes and writs of the Sandiganbayan which by their nature or by
provision of existing laws or the Rules of Court are to be issued under the
signature of a Judge or a Justice shall be signed by the Chairman of the
division concerned: Provided, That if there is an urgent necessity for the
issuance thereof before the case is raffled to a division, the same shall be
signed by the Presiding Justice. In the absence of the Presiding Justice or
the Chairman aforesaid, the process or writ shall be signed by the senior
Associate Justice in the Sandiganbayan or in the divisions concerned,
respectively. All other processes or writs issued upon authority of the
Sandiganbayan or a division thereof shall be signed by the Clerk of Court or,
in his absence, by the Deputy Clerk of Court of the division concerned.
JURISDICTION | CRIMINAL PROCEDURE
RULE VII
BAIL
Section 1. How Amount Fixed; Approval. The amount of bail to be posted in
cases in the Sandiganbayan shall be fixed by the Chairman of the division
thereof to which they are assigned; and such bail may be approved by any
Justice of the Sandiganbayan, but preferably by a Justice of the division
concerned: Provided, however, That where the accused is arrested, detained
or otherwise placed in custody outside the Metropolitan Manila area, any
judge of the Court of First Instance or Circuit Criminal Court may accept and
approve the bail for his appearance before the division to which his case is
assigned and release him, and shall inform the division issuing the order of
arrest of his action, forwarding thereto the papers in this case.
Section 2. Condition of the Bail. The condition of the bail is that the accused
shall appear and answer the complaint or information in the division of the
Sandiganbayan to which it is assigned or transferred for trial and submit
himself to the orders and processes thereof and, after conviction, if the case
is appealed to the Supreme Court, that he will surrender himself for the
execution of such judgment as the Supreme Court may render; or, that, in
case the cause is to be tried anew or remanded for a new trial, he will appear
in the division to which it may be remanded and submit himself to the orders
and processes thereof.
RULE VIII
SESSIONS AND TRIAL
Section 1. How Sessions Held. The Sandiganbayan shall for administrative
purposes, sit en banc; and, for the trial and determination of cases, sit in
three divisions of three Justices each. The three divisions may sit at the
same time.
Section 2. Presiding Officer. Sessions of the Sandiganbayan en banc shall
be presided by the Presiding Justice; whereas sessions in division shall be
presided by the respective Chairman of each division. In the absence of the
Presiding Justice or the Chairman of a division, as the case may be, the
Associate Justice attending the session en banc or in division who is first in
the order of precedence and able to preside, shall do so.
Section 3. Quorum. Five Justices shall constitute a quorum for sessions en
banc, and three Justices for sessions in division: Provided, That when a
quorum and/or the votes required for a resolution or decision of the
31

Sandiganbayan, either en banc or in division, or the trial or hearing of cases
cannot be had due to the legal disqualification or temporary disability of a
Justice or of a vacancy occurring therein, the President shall, upon
recommendation of the Presiding Justice, designate any Justice of the Court
of Appeals, Judge of the Court of First Instance or of the Circuit Criminal
Court to sit temporarily therein.
Section 4. Place of Holding Sessions. Sessions of the Sandiganbayan,
whether en banc or in division, shall be held in the place of its principal office
in the Metropolitan Manila area where it shall try and determine all cases filed
with it irrespective of the place where they may have arisen: Provided,
however, That the Presiding Justice may authorize any division or divisions
of the Court to hold sessions at any time and place outside Metropolitan
Manila to hear and decide cases emanating therefrom. For this purpose and
whenever necessary, the Sandiganbayan may require the services of the
personnel and the use of the facilities of any agency of the Government,
national or local, including the Courts of First Instance or Circuit Criminal
Court of the province or city where any of the divisions is holding session,
and those personnel of such agencies or courts shall be subject to the orders
of the Sandiganbayan.
Section 5. Time of Holding Sessions. Sessions of the Sandiganbayan en
banc may be called at any time by the Presiding Justice or at the instance at
least five Associate Justices. Sessions for the trial of cases cognizable by it
shall be held on such days and at such times as the divisions thereof may, by
order and upon notice to the parties concerned, fix.
Section 6. Pre-trial Inquest. After the arraignment of an accused who pleads
not guilty, the division concerned shall, without prejudice to the invocation by
the accused of his constitutional rights, direct the prosecutor and the accused
and his counsel to appear before any of the Justices thereof for a conference
to consider;
(a) Admissions of facts about which there can be no dispute;
(b) Marking for identification of documentary or real evidence of the
parties;
(c) Waiver of objections to admissibility of evidence;
(d) Procedure on objections where there are multiple counsel;
JURISDICTION | CRIMINAL PROCEDURE
(e) Order of presentation of evidence and arguments where there are
multiple accused;
(f) Order of cross-examination where there are multiple accused; and
(g) Such other matter as will promote a fair and expeditious
termination of the trial.
After the pre-trial inquest, a pre-trial order shall be issued by the Associate
Justice presiding the conference reciting the actions and/or proceedings
taken thereat, the admissions of facts made, the documents and real
evidence marked, and the agreement entered into by the parties as to any of
the matters taken up therein. Such order shall limit the issues for trial to
those not disposed of by the admissions or agreements of the parties and
when entered shall blind the parties and control the course of the action
during the trial, on appeal, and in post-conviction proceedings, unless
modified by the division concerned before trial to prevent manifest injustice.
RULE IX
MOTIONS
Section 1. Motion Day. The first hours of the morning session of the
divisions every Friday shall be devoted to the hearing of motions, unless,
upon motion of an interested party and for special reasons, the division
concerned shall fix another day for the hearing of any particular motion.
Section 2. Resolution on Interlocutory or Incidental Motions. Rulings on all
written motions submitted to the Sandiganbayan or any division thereof for
resolution shall be reached in consultation among the Justices participating
in the consideration thereof: Provided, however, That rulings on oral motions
or on objections made in the course of the trial or hearing shall be handed
down by the Chairman of the division concerned.
RULE X
JUDGMENT
Section 1. Votes Necessary to Decide. The unanimous vote of three
Justices in a division shall be necessary for the rendition of a judgment or
order. In the event that the three Justices do not reach a unanimous vote, the
Presiding Justice shall designated by raffle two Justices from among the
other members of the Sandiganbayan to sit temporarily with them forming a
32

special division of five Justices, and the vote of a majority of such special
division shall be necessary for the rendition of a judgment or order.
Section 2. Procedure in Deciding Cases. The conclusions of a division of the
Sandiganbayan in any case submitted to it for decision shall be reached in
consultation before the case is assigned to a Justice for the writing of the
opinion of the division. Any Justice dissenting from a judgment shall state the
reasons for his dissent.
Section 3. Maximum Period to Decide Cases. The judgment or final order of
a division of the Sandiganbayan shall be rendered within three (3) months
from the date the case was submitted for decision.
Section 4. Form of judgment and final order of a division of the
Sandiganbayan shall contain complete findings of fact and a statement of the
law on all issues properly raised before it.
RULE XI
PROMULGATION OF JUDGMENT
A judgment of a division of the Sandiganbayan shall be promulgated by
reading the judgment or sentence in the presence of the accused and any
Justice of the division which rendered the same: Provided, That, if the
accused is confined or detained in a place outside Metropolitan Manila or of
the city or province in which any division of the Sandiganbayan is sitting at
the time of such promulgation, the judgment may, upon delegation by the
division concerned be promulgated by any judge of the Court of First
Instance or Circuit Criminal Court having jurisdiction over the place of
confinement or detention, in which event the Court so promulgating the
judgment shall have authority to accept and approve the appeal bond.
RULE XII
PETITION FOR RECONSIDERATION
Within fifteen (15) days from the promulgation or notice of a judgment or final
order of a division of the Sandiganbayan, unless said judgment or order had
in the meantime otherwise attained finality, a petition for the reconsideration
thereof may be filed upon the grounds, in the form and subject to the
requirements, for motions for new trial in criminal cases under Rule 121 of
the Rules of Court, and such petition for reconsideration shall be decided
within thirty (30 days from submission thereof.
JURISDICTION | CRIMINAL PROCEDURE
RULE XIII
REVIEW OF JUDGMENTS AND FINAL ORDERS
Section 1. Method of Review. A party may appeal from a judgment or final
order of a division of the Sandiganbayan by filing with the Supreme Court a
petition for certiorari in accordance with Rule 45 of Rules of Court and by
serving a copy thereof to the Sandiganbayan.
Whenever, in any case decided, the death penalty shall have been imposed,
the records shall be forwarded to the Supreme Court, whether the accused
shall have appealed or not, for review and judgment, as law and justice shall
dictate.
Section 2. Bail Pending Appeal. An accused who has been released on bail
shall not committed to jail upon conviction pending the expiration of the
period for appeal or pending an appeal seasonably taken, except when the
penalty imposed is reclusion perpetua or death, in which case, the accused
may forthwith be committed to jail after promulgation of the sentence. The
division of the Sandiganbayan concerned, however, may, for good cause,
cancel the bond or increase the amount of bail and commit the accused into
custody pending appeal, unless he gives bail in the increased amount. The
surely shall also be responsible for the surrender or the accused after
judgment shall have become final.
RULE XIV
PUBLICATION OF DECISIONS
With the consent of the respective writers thereof, the decisions of the
Sandiganbayan may be published in the Official Gazette in the language in
which they have been originally written. The syllabi for the decisions shall be
prepared by the Clerk of Court in consultation with writers thereof.
RULE XV
APPLICABILITY OF THE RULES OF COURT
Except as otherwise herein provided or as may hereafter be modified from
time to time by the Sandiganbayan and insofar as practicable, the Rules of
Court shall govern proceedings in the Sandiganbayan.
33

RULE XVI
SEAL OF THE SANDIGANBAYAN
The seal of the Sandiganbayan shall be of standard size, circular in form,
consisting of two concentric circles as its margin, with the inscription, running
from left to right, on the upper margin of the word "Sandiganbayan" and on
the lower margin of the words "Republika ng Pilipinas"; with 16 stars,
representing the existing 16 judicial districts, immediately along the outer
edge of the inner circle; and with a design at the center of a triangle, with a
trisected area composed of the national colors of white on its upper part, blue
on the left and red on the right, with the words "KATAPATAN" on the right
side, "KAPANAGUTAN" on the left side, and "KARANGALAN" on the base; a
star in each corner of the triangle representing Luzon, Visayas and
Mindanao; and a bolo inside the triangle on which is superimposed a
balance.
RULE XVII
SEPARABILITY CLAUSE
If, for any reason, any section or provision of these Rules shall be held to be
unconstitutional or invalid, no other section or provision thereof shall be
effected thereby.
RULE XVIII
EFFECTIVITY
The Rules shall take effect upon approval.
Done in the City of Manila, this 10th day of January, in the year of Our Lord,
nineteen hundred and seventy-nine.
Republic Act No. 8249 February 5, 1997
AN ACT FURTHER DEFINING THE JURISDICTION OF THE
SANDIGANBAYAN, AMENDING FOR THE PURPOSE PRESIDENTIAL
DECREE NO. 1606, AS AMENDED, PROVIDING FUNDS THEREFOR,
AND FOR OTHER PURPOSES
JURISDICTION | CRIMINAL PROCEDURE
Be it enacted by the Senate and House of Representatives of the Philippines
in Congress assembled::
Section 1. The first paragraph of Section 1 of Presidential Decree No. 1606,
as amended, is hereby further amended to read as follows:
"SECTION 1. Sandiganbayan; Composition, Qualifications; Tenure;
Removal and Compensation. - A special court, of the same level as
the Court of Appeals and possessing all the inherent powers of a
court ofjustice, to be known as the Sandiganbayan is hereby created
composed of a presiding justice and fourteen associate justices who
shall be appointed by the President."
Section 2. Section 2 of the same decree is hereby further amended to read
as follows:
"SECTION 2. Official Station; Place of Holding Sessions. - The
Sandiganbayan shall have its principal office in the Metro Manila
area and shall hold sessions thereat for the trial and determination of
cases filed with it: Provided, however, That cases originating from
the principal geographical regions of the country, that is, from Luzon,
Visayas or Mindanao, shall be heard in their respective regions of
origin except only when the greater convenience of the accused and
of the witnesses, or other compelling considerations require the
contrary, in which instance a case originating from one geographical
region may be heard in another geographical region: Provided,
further, That for this purpose the presiding justice shall authorize any
divisions of the court to hold sessions at any time and place outside
Metro Manila and, where the interest of justice so requires, outside
the territorial boundaries of the Philippines. The Sandiganbayan may
require the services of the personnel and the use of facilities of the
courts or other government offices where any of the divisions is
holding sessions and the personnel of such courts or offices shall be
subject to the orders of the Sandiganbayan."
Section 3. The second paragraph of Section 3 of the same decree is hereby
deleted.
Section 4. Section 4 of the same decree is hereby further amended to read
as follows:
34

"a. Violations of Republic Act No. 3019, as amended, otherwise
known as the Anti-graft and Corrupt Practices Act, Republic Act No.
1379, and Chapter II, Section 2, Title VII, Book II of the Revised
Penal Code, where one or more of the accused are officials
occupying the following positions in the government whether in a
permanent, acting or interim capacity, at the time of the commission
of the offense:
"(1) Officials of the executive branch occupying the positions
of regional director and higher, otherwise classified as Grade
'27' and higher, of the Compensation and Position
Classification Act of 1989 (Republic Act No. 6758),
specifically including:
"(a) Provincial governors, vice-governors, members
of the sangguniang panlalawigan and provincial
treasurers, assessors, engineers and other
provincial department heads;
"(b) City mayors, vice-mayors, members of the
sangguniang panlungsod, city treasurers, assessors
engineers and other city department heads;
"(c) Officials of the diplomatic service occupying the
position of consul and higher;
"(d) Philippine army and air force colonels, naval
captains, and all officers of higher rank;
"(e) Officers of the Philippine National Police while
occupying the position of provincial director and
those holding the rank of senior superintendent or
higher;
"(f) City and provincial prosecutors and their
assistants, and officials and prosecutors in the Office
of the Ombudsman and special prosecutor;
"(g) Presidents, directors or trustees, or managers of
government-owned or -controlled corporations, state
JURISDICTION | CRIMINAL PROCEDURE
universities or educational institutions or
foundations;
"(2) Members of Congress and officials thereof classified as
Grade'27'and up under the Compensation and Position
Classification Act of 1989;
"(3) Members of the judiciary without prejudice to the
provisions of the Constitution;
"(4) Chairmen and members of Constitutional Commissions,
without prejudice to the provisions of the Constitution; and
"(5) All other national and local officials classified as
Grade'27'and higher under the Compensation and Position
Classification Act of 1989.
"b. Other offenses orfelonies whether simple or complexed with other
crimes committed by the public officials and employees mentioned in
subsection a of this section in relation to their office.
"c. Civil and criminal cases filed pursuant to and in connection with
Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986.
"In cases where none of the accused are occupying positions
corresponding to salary grade '27' or higher, as prescribed in the said
Republic Act No. 6758, or military or PNP officers mentioned above,
exclusive original jurisdiction thereof shall be vested in the proper
regional trial court, metropolitan trial court, municipal trial court and
municipal circuit trial court ' as the case may be, pursuant to their
respective jurisdiction as provided in Batas Pambansa Blg. 129, as
amended.
"The Sandiganbayan shall exercise exclusive appellate jurisdiction
over final judgments, resolutions or orders or regional trial courts
whether in the exercise of their own original jurisdiction orof their
appellate jurisdiction as herein provided.
"The Sandiganbayan shall have exclusive original jurisdiction over
petitions for the issuance of the writs of mandamus, prohibition,
certiorari, habeas corpus, injunctions, and other ancillary writs and
35

processes in aid of its appellate jurisdiction and over petitions of
similar nature, including quo warranto, arising or that may arise in
cases filed or which may be filed under Executive Order Nos. 1,2,14
and 14-A, issued in 1986: Provided, That the jurisdiction over these
petitions shall not be exclusive of the Supreme Court.
The procedure prescribed in Batas Pambansa Blg. 129, as well as
the implementing rules that the Supreme Court has promulgated and
may hereafter promulgate, relative to appeals/petitions for review to
the Court of Appeals, shall apply to appeals and petitions for review
filed with the Sandiganbayan. In all cases elevated to the
Sandiganbayan and from the Sandiganbayan to the Supreme Court,
the Office of the Ombudsman, through its special prosecutor, shall
represent the People of the Philippines, except in cases filed
pursuant to Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986.
"In case private individuals are charged as co-principals,
accomplices or accessories with the public officers or employees,
including those employed in govemment-owned or controlled
corporations, they shall be tried jointly with said public officers and
employees in the proper courts which shall exercise exclusive
jurisdiction over them.
"Any provisions of law or Rules of Court to the contrary
notwithstanding, the criminal action and the corresponding civil
action for the recovery of civil liability shall at all times be
simultaneously instituted with, and jointly determined in, the same
proceeding by the Sandiganbayan or the appropriate courts, the
filing of the criminal action being deemed to necessarily carry with it
the filing of the civil action, and no right to reserve the filing of such
civil action separately from the criminal action shall be recognized:
Provided, however, That where the civil action had therefore been
filed separately but judgment therein has not yet been rendered, and
the criminal case is hereafter filed with the Sandiganbayan or the
appropriate court, said civil action shall be transferred to the
Sandiganbayan or the appropriate court, as the case may be, for
consolidation and joint determination with the criminal action,
otherwise the separate civil action shall be deemed abandoned."
JURISDICTION | CRIMINAL PROCEDURE
Section 5. Section 7 of the same decree is hereby further amended to read
as follows:
'SECTION 7. Form, Finality and Enforcement of Decisions. - All
decisions and final orders determining the merits of a case or finally
disposing of the action or proceedings of the Sandijanbayan shall
contain complete findings of the facts and the law on which they are
based, on all issues properly raised before it and necessary in
deciding the case.
"A petition for reconsideration of any final order or decision may be
filed within fifteen (15) days from promulgation or notice of the final
order on judgment, and such motion for reconsideration shall be
decided within thirty (30) days from submission thereon.
"Decisions and final orders ofthe Sandiganbyan shall be appealable
to the Supreme Court by petition for review on certiorari raising pure
questions of law in accordance with Rule 45 of the Rules of Court.
Whenever, in any case decided by the Sandiganbayan, the penalty
of reclusion perpetua, life imprisonment or death is imposed, the
decision shall be appealable to the Supreme Court in the manner
prescribed in the Rules of Court.
"Judgments and orders of the Sandiganbayan shall be executed and
enforced in the manner provided by law.
"Decisions and final orders of other courts in cases cognizable by
said courts under this decree as well as those rendered by them in
the exercise of their appellate jurisdiction shall be appealable to, or
be reviewable by, the Sandiganbayan in the manner provided by
Rule 122 of the Rules of the Court.
"In case, however, the imposed penalty by the Sandiganbayan or the
regional trial court in the proper exercise of their respective
jurisdictions, is death, review by the Supreme Court shall be
automatic, whether or not accused files an appeal."
Section 6. Appropriations. - The amount necessary to carry out the initial
implementation of this Act shall be charged against the current fiscal year
appropriations of the Sandiganbayan. Thereafter, such sums as may be
36
 JURISDICTION | CRIMINAL PROCEDURE

needed for its continued implementation shall be included in the annual
General Appropriations Act.

Section 7. Transitory Provision. - This Act shall apply to all cases pending
in any court over which trial has not begun as of the approval hereof

Section 8. Separability of Provisions. - If for any reason any provision of

this Act is declared unconstitutional or invalid, such parts or portions not
affected thereby shall remain in full force and effect.

Section 9. Repealing Clause. - All acts, decrees, general orders and

circulars, or parts thereof inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.

Section 10. Effectivity. - This Act shall take effect fifteen (15) days after its
complete publication in at least two (2) newspapers of general circulation.

37

Republic Act No. 6770 November 17, 1989
AN ACT PROVIDING FOR THE FUNCTIONAL AND STRUCTURAL
ORGANIZATION OF THE OFFICE OF THE OMBUDSMAN, AND FOR
OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines
in Congress assembled::
Section 1. Title. — This Act shall be known as "The Ombudsman Act of
1989".
Section 2. Declaration of Policy. — The State shall maintain honesty and
integrity in the public service and take positive and effective measures
against graft and corruption.
Public office is a public trust. Public officers and employees must at all times
be accountable to the people, serve them with utmost responsibility, integrity,
loyalty, efficiency, act with patriotism and justice and lead modest lives.
Section 3. Office of the Ombudsman. — The Office of the Ombudsman
shall include the Office of the Overall Deputy, the Office of the Deputy for
Luzon, the Office of the Deputy for the Visayas, the Office of the Deputy for
Mindanao, the Office of the Deputy for the Armed Forces, and the Office of
the Special Prosecutor. The President may appoint other Deputies as the
necessity for it may arise, as recommended by the Ombudsman.
Section 4. Appointment. — The Ombudsman and his Deputies, including
the Special Prosecutor, shall be appointed by the President from a list of at
least twenty-one (21) nominees prepared by the Judicial and Bar Council,
and from a list of three (3) nominees for each vacancy thereafter, which shall
be filled within three (3) months after it occurs, each of which list shall be
published in a newspaper of general circulation.
In the organization of the Office of the Ombudsman for filling up of positions
therein, regional, cultural or ethnic considerations shall be taken into account
to the end that the Office shall be as much as possible representative of the
regional, ethnic and cultural make-up of the Filipino nation.
Section 5. Qualifications. — The Ombudsman and his Deputies, including
the Special Prosecutor, shall be natural-born citizens of the Philippines, at
JURISDICTION | CRIMINAL PROCEDURE
least forty (40) years old, of recognized probity and independence, members
of the Philippine Bar, and must not have been candidates for any elective
national or local office in the immediately preceding election whether regular
or special. The Ombudsman must have, for ten (10) years or more, been a
judge or engaged in the practice of law in the Philippines.
Section 6. Rank and Salary. — The Ombudsman and his Deputies shall
have the same ranks, salaries and privileges as the Chairman and members,
respectively, of a Constitutional Commission. Their salaries shall not be
decreased during their term of office.
The members of the prosecution, investigation and legal staff of the Office of
the Ombudsman shall receive salaries which shall not be less than those
given to comparable positions in any office in the Government.
Section 7. Term of Office. — The Ombudsman and his Deputies, including
the Special Prosecutor, shall serve for a term of seven (7) years without
reappointment.
Section 8. Removal; Filling of Vacancy. —
(1) In accordance with the provisions of Article XI of the Constitution,
the Ombudsman may be removed from office on impeachment for,
and conviction of, culpable violation of the Constitution, treason,
bribery, graft and corruption, other high crimes, or betrayal of public
trust.
(2) A Deputy or the Special Prosecutor, may be removed from office
by the President for any of the grounds provided for the removal of
the Ombudsman, and after due process.
(3) In case of vacancy in the Office of the Ombudsman due to death,
resignation, removal or permanent disability of the incumbent
Ombudsman, the Overall Deputy shall serve as Acting Ombudsman
in a concurrent capacity until a new Ombudsman shall have been
appointed for a full term.n case the Overall Deputy cannot assume
the role of Acting Ombudsman, the President may designate any of
the Deputies, or the Special Prosecutor, as Acting Ombudsman.
38

(4) In case of temporary absence or disability of the Ombudsman,
the Overall Deputy shall perform the duties of the Ombudsman until
the Ombudsman returns or is able to perform his duties.
Section 9. Prohibitions and Disqualifications. — The Ombudsman, his
Deputies and the Special Prosecutor shall not, during their tenure, hold any
other office or employment. They shall not, during said tenure, directly or
indirectly practice any other profession, participate in any business, or be
financially interested in any contract with, or in any franchise, or special
privilege granted by the Government or any subdivision, agency or
instrumentality thereof, including government-owned or controlled
corporations or their subsidiaries. They shall strictly avoid conflict of interest
in the conduct of their office. They shall not be qualified to run for any office
in the election immediately following their cessation from office. They shall
not be allowed to appear or practice before the Ombudsman for two (2) years
following their cessation from office.
No spouse or relative by consanguinity or affinity within the fourth civil degree
and no law, business or professional partner or associate of the
Ombudsman, his Deputies or Special Prosecutor within one (1) year
preceding the appointment may appear as counsel or agent on any matter
pending before the Office of the Ombudsman or transact business directly or
indirectly therewith.
This disqualification shall apply during the tenure of the official concerned.
This disqualification likewise extends to the law, business or professional firm
for the same period.
Section 10. Disclosure of Relationship. — It shall be the duty of the
Ombudsman, his Deputies, including the Special Prosecutor to make under
oath, to the best of their knowledge and/or information, a public disclosure of
the identities of, and their relationship with the persons referred to in the
preceding section.
The disclosure shall be filed with the Office of the President and the Office of
the Ombudsman before the appointee assumes office and every year
thereafter. The disclosures made pursuant to this section shall form part of
the public records and shall be available to any person or entity upon
request.
Section 11. Structural Organization. — The authority and responsibility for
the exercise of the mandate of the Office of the Ombudsman and for the
JURISDICTION | CRIMINAL PROCEDURE
discharge of its powers and functions shall be vested in the Ombudsman,
who shall have supervision and control of the said office.
(1) The Office of the Ombudsman may organize such directorates for
administration and allied services as may be necessary for the
effective discharge of its functions. Those appointed as directors or
heads shall have the rank and salary of line bureau directors.
(2) The Office of the Overall Deputy shall oversee and administer the
operations of the different offices under the Office of Ombudsman.t
shall likewise perform such other functions and duties assigned to it
by the Ombudsman.
(3) The Office of the Special Prosecutor shall be composed of the
Special Prosecutor and his prosecution staff. The Office of the
Special Prosecutor shall be an organic component of the Office of
the Ombudsman and shall be under the supervision and control of
the Ombudsman.
(4) The Office of the Special Prosecutor shall, under the supervision
and control and upon the authority of the Ombudsman, have the
following powers:
(a) To conduct preliminary investigation and prosecute
criminal cases within the jurisdiction of the Sandiganbayan;
(b) To enter into plea bargaining agreements; and
(c) To perform such other duties assigned to it by the
Ombudsman.
The Special Prosecutor shall have the rank and salary of a
Deputy Ombudsman.
(5) The position structure and staffing pattern of the Office of the
Ombudsman, including the Office of the Special Prosecutor, shall be
approved and prescribed by the Ombudsman. The Ombudsman
shall appoint all officers and employees of the Office of the
Ombudsman, including those of the Office of the Special Prosecutor,
in accordance with the Civil Service Law, rules and regulations.
39

Section 12. Official Stations. — The Ombudsman, the Overall Deputy, the
Deputy for Luzon, and the Deputy for the Armed Forces shall hold office in
Metropolitan Manila; the Deputy for the Visayas, in Cebu City; and the
Deputy for Mindanao, in Davao City. The Ombudsman may transfer their
stations within their respective geographical regions, as public interest may
require.
Section 13. Mandate. — The Ombudsman and his Deputies, as protectors
of the people, shall act promptly on complaints filed in any form or manner
against officers or employees of the Government, or of any subdivision,
agency or instrumentality thereof, including government-owned or controlled
corporations, and enforce their administrative, civil and criminal liability in
every case where the evidence warrants in order to promote efficient service
by the Government to the people.
Section 14. Restrictions. — No writ of injunction shall be issued by any
court to delay an investigation being conducted by the Ombudsman under
this Act, unless there is a prima facie evidence that the subject matter of the
investigation is outside the jurisdiction of the Office of the Ombudsman.
No court shall hear any appeal or application for remedy against the decision
or findings of the Ombudsman, except the Supreme Court, on pure question
of law.
Section 15. Powers, Functions and Duties. — The Office of the
Ombudsman shall have the following powers, functions and duties:
(1) Investigate and prosecute on its own or on complaint by any
person, any act or omission of any public officer or employee, office
or agency, when such act or omission appears to be illegal, unjust,
improper or inefficient.t has primary jurisdiction over cases
cognizable by the Sandiganbayan and, in the exercise of this primary
jurisdiction, it may take over, at any stage, from any investigatory
agency of Government, the investigation of such cases;
(2) Direct, upon complaint or at its own instance, any officer or
employee of the Government, or of any subdivision, agency or
instrumentality thereof, as well as any government-owned or
controlled corporations with original charter, to perform and expedite
any act or duty required by law, or to stop, prevent, and correct any
abuse or impropriety in the performance of duties;
JURISDICTION | CRIMINAL PROCEDURE
(3) Direct the officer concerned to take appropriate action against a
public officer or employee at fault or who neglect to perform an act or
discharge a duty required by law, and recommend his removal,
suspension, demotion, fine, censure, or prosecution, and ensure
compliance therewith; or enforce its disciplinary authority as provided
in Section 21 of this Act: provided, that the refusal by any officer
without just cause to comply with an order of the Ombudsman to
remove, suspend, demote, fine, censure, or prosecute an officer or
employee who is at fault or who neglects to perform an act or
discharge a duty required by law shall be a ground for disciplinary
action against said officer;
(4) Direct the officer concerned, in any appropriate case, and subject
to such limitations as it may provide in its rules of procedure, to
furnish it with copies of documents relating to contracts or
transactions entered into by his office involving the disbursement or
use of public funds or properties, and report any irregularity to the
Commission on Audit for appropriate action;
(5) Request any government agency for assistance and information
necessary in the discharge of its responsibilities, and to examine, if
necessary, pertinent records and documents;
(6) Publicize matters covered by its investigation of the matters
mentioned in paragraphs (1), (2), (3) and (4) hereof, when
circumstances so warrant and with due prudence: provided, that the
Ombudsman under its rules and regulations may determine what
cases may not be made public: provided, further, that any publicity
issued by the Ombudsman shall be balanced, fair and true;
(7) Determine the causes of inefficiency, red tape, mismanagement,
fraud, and corruption in the Government, and make
recommendations for their elimination and the observance of high
standards of ethics and efficiency;
(8) Administer oaths, issue subpoena and subpoena duces tecum,
and take testimony in any investigation or inquiry, including the
power to examine and have access to bank accounts and records;
(9) Punish for contempt in accordance with the Rules of Court and
under the same procedure and with the same penalties provided
therein;
40

(10) Delegate to the Deputies, or its investigators or representatives
such authority or duty as shall ensure the effective exercise or
performance of the powers, functions, and duties herein or
hereinafter provided;
(11) Investigate and initiate the proper action for the recovery of ill-
gotten and/or unexplained wealth amassed after February 25, 1986
and the prosecution of the parties involved therein.
The Ombudsman shall give priority to complaints filed against high ranking
government officials and/or those occupying supervisory positions,
complaints involving grave offenses as well as complaints involving large
sums of money and/or properties.
Section 16. Applicability. — The provisions of this Act shall apply to all
kinds of malfeasance, misfeasance, and non-feasance that have been
committed by any officer or employee as mentioned in Section 13 hereof,
during his tenure of office.
Section 17. Immunities. — In all hearings, inquiries, and proceedings of the
Ombudsman, including preliminary investigations of offenses, nor person
subpoenaed to testify as a witness shall be excused from attending and
testifying or from producing books, papers, correspondence, memoranda
and/or other records on the ground that the testimony or evidence,
documentary or otherwise, required of him, may tend to incriminate him or
subject him to prosecution: provided, that no person shall be prosecuted
criminally for or on account of any matter concerning which he is compelled,
after having claimed the privilege against self-incrimination, to testify and
produce evidence, documentary or otherwise.
Under such terms and conditions as it may determine, taking into account the
pertinent provisions of the Rules of Court, the Ombudsman may grant
immunity from criminal prosecution to any person whose testimony or whose
possession and production of documents or other evidence may be
necessary to determine the truth in any hearing, inquiry or proceeding being
conducted by the Ombudsman or under its authority, in the performance or in
the furtherance of its constitutional functions and statutory objectives. The
immunity granted under this and the immediately preceding paragraph shall
not exempt the witness from criminal prosecution for perjury or false
testimony nor shall he be exempt from demotion or removal from office.
JURISDICTION | CRIMINAL PROCEDURE
Any refusal to appear or testify pursuant to the foregoing provisions shall be
subject to punishment for contempt and removal of the immunity from
criminal prosecution.
Section 18. Rules of Procedure. —
(1) The Office of the Ombudsman shall promulgate its rules of
procedure for the effective exercise or performance of its powers,
functions, and duties.
(2) The rules of procedure shall include a provision whereby the
Rules of Court are made suppletory.
(3) The rules shall take effect after fifteen (15) days following the
completion of their publication in the Official Gazette or in three (3)
newspapers of general circulation in the Philippines, one of which is
printed in the national language.
Section 19. Administrative Complaints. — The Ombudsman shall act on
all complaints relating, but not limited to acts or omissions which:
(1) Are contrary to law or regulation;
(2) Are unreasonable, unfair, oppressive or discriminatory;
(3) Are inconsistent with the general course of an agency's functions,
though in accordance with law;
(4) Proceed from a mistake of law or an arbitrary ascertainment of
facts;
(5) Are in the exercise of discretionary powers but for an improper
purpose; or
(6) Are otherwise irregular, immoral or devoid of justification.
Section 20. Exceptions. — The Office of the Ombudsman may not conduct
the necessary investigation of any administrative act or omission complained
of if it believes that:
41

(1) The complainant has an adequate remedy in another judicial or
quasi-judicial body;
(2) The complaint pertains to a matter outside the jurisdiction of the
Office of the Ombudsman;
(3) The complaint is trivial, frivolous, vexatious or made in bad faith;
(4) The complainant has no sufficient personal interest in the subject
matter of the grievance; or
(5) The complaint was filed after one (1) year from the occurrence of
the act or omission complained of.
Section 21. Official Subject to Disciplinary Authority; Exceptions. — The
Office of the Ombudsman shall have disciplinary authority over all elective
and appointive officials of the Government and its subdivisions,
instrumentalities and agencies, including Members of the Cabinet, local
government, government-owned or controlled corporations and their
subsidiaries, except over officials who may be removed only by impeachment
or over Members of Congress, and the Judiciary.
Section 22. Investigatory Power. — The Office of the Ombudsman shall
have the power to investigate any serious misconduct in office allegedly
committed by officials removable by impeachment, for the purpose of filing a
verified complaint for impeachment, if warranted.
In all cases of conspiracy between an officer or employee of the government
and a private person, the Ombudsman and his Deputies shall have
jurisdiction to include such private person in the investigation and proceed
against such private person as the evidence may warrant. The officer or
employee and the private person shall be tried jointly and shall be subject to
the same penalties and liabilities.
Section 23. Formal Investigation. —
(1) Administrative investigations conducted by the Office of the
Ombudsman shall be in accordance with its rules of procedure and
consistent with due process.
JURISDICTION | CRIMINAL PROCEDURE
(2) At its option, the Office of the Ombudsman may refer certain
complaints to the proper disciplinary authority for the institution of
appropriate administrative proceedings against erring public officers
or employees, which shall be determined within the period prescribed
in the civil service law. Any delay without just cause in acting on any
referral made by the Office of the Ombudsman shall be a ground for
administrative action against the officers or employees to whom such
referrals are addressed and shall constitute a graft offense
punishable by a fine of not exceeding Five thousand pesos
(P5,000.00).
(3) In any investigation under this Act the Ombudsman may: (a) enter
and inspect the premises of any office, agency, commission or
tribunal; (b) examine and have access to any book, record, file,
document or paper; and (c) hold private hearings with both the
complaining individual and the official concerned.
Section 24. Preventives Suspension. — The Ombudsman or his Deputy
may preventively suspend any officer or employee under his authority
pending an investigation, if in his judgment the evidence of guilt is strong,
and (a) the charge against such officer or employee involves dishonesty,
oppression or grave misconduct or neglect in the performance of duty; (b) the
charges would warrant removal from the service; or (c) the respondent's
continued stay in office may prejudice the case filed against him.
The preventive suspension shall continue until the case is terminated by the
Office of the Ombudsman but not more than six (6) months, without pay,
except when the delay in the disposition of the case by the Office of the
Ombudsman is due to the fault, negligence or petition of the respondent, in
which case the period of such delay shall not be counted in computing the
period of suspension herein provided.
Section 25. Penalties. —
(1) In administrative proceedings under Presidential Decree No. 807,
the penalties and rules provided therein shall be applied.
(2) In other administrative proceedings, the penalty ranging from
suspension without pay for one (1) year to dismissal with forfeiture of
benefits or a fine ranging from Five thousand pesos (P5,000.00) to
twice the amount malversed, illegally taken or lost, or both at the
discretion of the Ombudsman, taking into consideration
42

circumstances that mitigate or aggravate the liability of the officer or
employee found guilty of the complaint or charges.
Section 26. Inquiries. —
(1) The Office of the Ombudsman shall inquire into acts or omissions
of a public officer, employee, office or agency which, from the reports
or complaints it has received, the Ombudsman or his Deputies
consider to be:
(a) contrary to law or regulation;
(b) unreasonable, unfair, oppressive, irregular or inconsistent
with the general course of the operations and functions of a
public officer, employee, office or agency;
(c) an error in the application or interpretation of law, rules or
regulations, or a gross or palpable error in the appreciation
of facts;
(d) based on improper motives or corrupt considerations;
(e) unclear or inadequately explained when reasons should
have been revealed; or
(f) inefficient performed or otherwise objectionable.
(2) The Officer of the Ombudsman shall receive complaints from any
source in whatever form concerning an official act or omission.t shall
act on the complaint immediately and if it finds the same entirely
baseless, it shall dismiss the same and inform the complainant of
such dismissal citing the reasons therefor.f it finds a reasonable
ground to investigate further, it shall first furnish the respondent
public officer or employee with a summary of the complaint and
require him to submit a written answer within seventy-two (72) hours
from receipt thereof.f the answer is found satisfactory, it shall dismiss
the case.
(3) When the complaint consists in delay or refusal to perform a duty
required by law, or when urgent action is necessary to protect or
preserve the rights of the complainant, the Office of the Ombudsman
JURISDICTION | CRIMINAL PROCEDURE
shall take steps or measures and issue such orders directing the
officer, employee, office or agency concerned to:
(a) expedite the performance of duty;
(b) cease or desist from the performance of a prejudicial act;
(c) correct the omission;
(d) explain fully the administrative act in question; or
(e) take any other steps as may be necessary under the
circumstances to protect and preserve the rights of the
complainant.
(4) Any delay or refusal to comply with the referral or directive of the
Ombudsman or any of his Deputies, shall constitute a ground for
administrative disciplinary action against the officer or employee to
whom it was addressed.
Section 27. Effectivity and Finality of Decisions. — (1) All provisionary
orders of the Office of the Ombudsman are immediately effective and
executory.
A motion for reconsideration of any order, directive or decision of the Office
of the Ombudsman must be filed within five (5) days after receipt of written
notice and shall be entertained only on any of the following grounds:
(1) New evidence has been discovered which materially affects the
order, directive or decision;
(2) Errors of law or irregularities have been committed prejudicial to
the interest of the movant. The motion for reconsideration shall be
resolved within three (3) days from filing: provided, that only one
motion for reconsideration shall be entertained.
Findings of fact by the Officer of the Ombudsman when supported by
substantial evidence are conclusive. Any order, directive or decision
imposing the penalty of public censure or reprimand, suspension of not more
than one (1) month's salary shall be final and unappealable.
43

In all administrative disciplinary cases, orders, directives, or decisions of the
Office of the Ombudsman may be appealed to the Supreme Court by filing a
petition for certiorari within ten (10) days from receipt of the written notice of
the order, directive or decision or denial of the motion for reconsideration in
accordance with Rule 45 of the Rules of Court.
The above rules may be amended or modified by the Office of the
Ombudsman as the interest of justice may require.
Section 28. Investigation in Municipalities, Cities and Provinces. — The
Office of the Ombudsman may establish offices in municipalities, cities and
provinces outside Metropolitan Manila, under the immediate supervision of
the Deputies for Luzon, Visayas and Mindanao, where necessary as
determined by the Ombudsman. The investigation of complaints may be
assigned to the regional or sectoral deputy concerned or to a special
investigator who shall proceed in accordance with the rules or special
instructions or directives of the Office of the Ombudsman. Pending
investigation the deputy or investigator may issue orders and provisional
remedies which are immediately executory subject to review by the
Ombudsman. Within three (3) days after concluding the investigation, the
deputy or investigator shall transmit, together with the entire records of the
case, his report and conclusions to the Office of the Ombudsman. Within five
(5) days after receipt of said report, the Ombudsman shall render the
appropriate order, directive or decision.
Section 29. Change of Unjust Laws. — If the Ombudsman believes that a
law or regulation is unfair or unjust, he shall recommend to the President and
to Congress the necessary changes therein or the repeal thereof.
Section 30. Transmittal/Publication of Decision. — In every case where
the Ombudsman has reached a decision, conclusion or recommendation
adverse to a public official or agency, he shall transmit his decision,
conclusion, recommendation or suggestion to the head of the department,
agency or instrumentality, or of the province, city or municipality concerned
for such immediate action as may be necessary. When transmitting his
adverse decision, conclusion or recommendation, he shall, unless excused
by the agency or official affected, include the substance of any statement the
public agency or official may have made to him by way of explaining past
difficulties with or present rejection of the Ombudsman's proposals.
Section 31. Designation of Investigators and Prosecutors. — The
Ombudsman may utilize the personnel of his office and/or designate or
JURISDICTION | CRIMINAL PROCEDURE
deputize any fiscal, state prosecutor or lawyer in the government service to
act as special investigator or prosecutor to assist in the investigation and
prosecution of certain cases. Those designated or deputized to assist him
herein provided shall be under his supervision and control.
The Ombudsman and his investigators and prosecutors, whether regular
members of his staff or designated by him as herein provided, shall have
authority to administer oaths, to issue subpoena and subpoena duces tecum,
to summon and compel witnesses to appear and testify under oath before
them and/or bring books, documents and other things under their control,
and to secure the attendance or presence of any absent or recalcitrant
witness through application before the Sandiganbayan or before any inferior
or superior court having jurisdiction of the place where the witness or
evidence is found.
Section 32. Rights and Duties of Witness. —
(1) A person required by the Ombudsman to provide the information
shall be paid the same fees and travel allowances as are extended
to witnesses whose attendance has been required in the trial courts.
Upon request of the witness, the Ombudsman shall also furnish him
such security for his person and his family as may be warranted by
the circumstances. For this purpose, the Ombudsman may, at its
expense, call upon any police or constabulary unit to provide the said
security.
(2) A person who, with or without service or compulsory process,
provides oral or documentary information requested by the
Ombudsman shall be accorded the same privileges and immunities
as are extended to witnesses in the courts, and shall likewise be
entitled to the assistance of counsel while being questioned.
(3) If a person refuses to respond to the Ombudsman's or his
Deputy's subpoena, or refuses to be examined, or engages in
obstructive conduct, the Ombudsman or his Deputy shall issue an
order directing the person to appear before him to show cause why
he should not be punished for contempt. The contempt proceedings
shall be conducted pursuant to the provisions of the Rules of Court.
Section 33. Duty to Render Assistance to the Office of the
Ombudsman. — Any officer or employee of any department, bureau or
office, subdivision, agency or instrumentality of the Government, including
44
 JURISDICTION | CRIMINAL PROCEDURE

government-owned or controlled corporations and local governments, when Section 40. Separability Clause. — If any provision of this Act is held
required by the Ombudsman, his Deputy or the Special Prosecutor shall unconstitutional, other provisions not affected thereby shall remain valid and
render assistance to the Office of the Ombudsman. binding.

Section 34. Annual Report. — The Office of the Ombudsman shall render Section 41. Repealing Clause. — All laws, presidential decrees, letters of
an annual report of its activities and performance to the President and to instructions, executive orders, rules and regulations insofar as they are
Congress to be submitted within thirty (30) days from the start of the regular inconsistent with this Act, are hereby repealed or amended as the case may
session of Congress. be.

Section 35. Malicious Prosecution. — Any person who, actuated by malice
or gross bad faith, files a completely unwarranted or false complaint against
any government official or employee shall be subject to a penalty of one (1)
month and one (1) day to six (6) months imprisonment and a fine not
exceeding Five thousand pesos (P5,000.00).
Section 42. Effectivity. — This Act shall take effect after fifteen (15) days
following its publication in the Official Gazette or in three (3) newspapers of
general circulation in the Philippines.

Section 36. Penalties for Obstruction. — Any person who willfully

obstructs or hinders the proper exercise of the functions of the Office of the
Ombudsman or who willfully misleads or attempts to mislead the
Ombudsman, his Deputies and the Special Prosecutor in replying to their
inquiries shall be punished by a fine of not exceeding Five thousand pesos
(P5,000.00).

Section 37. Franking Privilege. — All official mail matters and telegrams of
the Ombudsman addressed for delivery within the Philippines shall be
received, transmitted, and delivered free of charge: provided, that such mail
matters when addressed to private persons or nongovernment offices shall
not exceed one hundred and twenty (120) grams. All mail matters and
telegrams sent through government telegraph facilities containing complaints
to the Office of the Ombudsman shall be transmitted free of charge, provided
that the telegram shall contain not more than one hundred fifty (150) words.

Section 38. Fiscal Autonomy. — The Office of the Ombudsman shall enjoy
fiscal autonomy. Appropriations for the Office of the Ombudsman may not be
reduced below the amount appropriated for the previous years and, after
approval, shall be automatically and regularly released.

Section 39. Appropriations. — The appropriation for the Office of the

Special Prosecutor in the current General Appropriations Act is hereby
transferred to the Office of the Ombudsman. Thereafter, such sums as may
be necessary shall be included in the annual General Appropriations Act.

45

A.M. No. 09-6-8-SC
RULES OF PROCEDURE FOR ENVIRONMENTAL CASES
RESOLUTION
Acting on the recommendation of the Chairperson of the Sub-committee on
the Rules of Procedure for Environmental Cases submitting for this Court’s
consideration and approval the proposed Rules of Procedure for
Environmental Cases, the Court Resolved to APPROVE the same.
These Rules shall take effect within fifteen (15) days following its publication
once in a newspaper of general circulation.
April 13, 2010.
PART I
RULE 1
GENERAL PROVISIONS
Section 1. Title. — These Rules shall be known as "The Rules of Procedure
for Environmental Cases."
Section 2. Scope. — These Rules shall govern the procedure in civil,
criminal and special civil actions before the Regional Trial Courts,
Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial
Courts and Municipal Circuit Trial Courts involving enforcement or violations
of environmental and other related laws, rules and regulations such as but
not limited to the following:
(a) Act No. 3572, Prohibition Against Cutting of Tindalo, Akli, and
Molave Trees;
(b) P.D. No. 705, Revised Forestry Code;
(c) P.D. No. 856, Sanitation Code;
(d) P.D. No. 979, Marine Pollution Decree;
JURISDICTION | CRIMINAL PROCEDURE
(e) P.D. No. 1067, Water Code;
(f) P.D. No. 1151, Philippine Environmental Policy of 1977;
(g) P.D. No. 1433, Plant Quarantine Law of 1978;
(h) P.D. No. 1586, Establishing an Environmental Impact Statement
System Including Other Environmental Management Related
Measures and for Other Purposes;
(i) R.A. No. 3571, Prohibition Against the Cutting, Destroying or
Injuring of Planted or Growing Trees, Flowering Plants and Shrubs or
Plants of Scenic Value along Public Roads, in Plazas, Parks, School
Premises or in any Other Public Ground;
(j) R.A. No. 4850, Laguna Lake Development Authority Act;
(k) R.A. No. 6969, Toxic Substances and Hazardous Waste Act;
(l) R.A. No. 7076, People’s Small-Scale Mining Act;
(m) R.A. No. 7586, National Integrated Protected Areas System Act
including all laws, decrees, orders, proclamations and issuances
establishing protected areas;
(n) R.A. No. 7611, Strategic Environmental Plan for Palawan Act;
(o) R.A. No. 7942, Philippine Mining Act;
(p) R.A. No. 8371, Indigenous Peoples Rights Act;
(q) R.A. No. 8550, Philippine Fisheries Code;
(r) R.A. No. 8749, Clean Air Act;
(s) R.A. No. 9003, Ecological Solid Waste Management Act;
(t) R.A. No. 9072, National Caves and Cave Resource Management
Act;
46

(u) R.A. No. 9147, Wildlife Conservation and Protection Act;
(v) R.A. No. 9175, Chainsaw Act;
(w) R.A. No. 9275, Clean Water Act;
(x) R.A. No. 9483, Oil Spill Compensation Act of 2007; and
(y) Provisions in C.A. No. 141, The Public Land Act; R.A. No. 6657,
Comprehensive Agrarian Reform Law of 1988; R.A. No. 7160, Local
Government Code of 1991; R.A. No. 7161, Tax Laws Incorporated in
the Revised Forestry Code and Other Environmental Laws
(Amending the NIRC); R.A. No. 7308, Seed Industry Development
Act of 1992; R.A. No. 7900, High-Value Crops Development
Rules of Procedure for Environmental Cases Act; R.A. No. 8048,
Coconut Preservation Act; R.A. No. 8435, Agriculture and Fisheries
Modernization Act of 1997; R.A. No. 9522, The Philippine Archipelagic
Baselines Law; R.A. No. 9593, Renewable Energy Act of 2008; R.A. No.
9637, Philippine Biofuels Act; and other existing laws that relate to the
conservation, development, preservation, protection and utilization of the
environment and natural resources.
Section 3. Objectives. - The objectives of these Rules are:
(a) To protect and advance the constitutional right of the people to a
balanced and healthful ecology;
(b) To provide a simplified, speedy and inexpensive procedure for
the enforcement of environmental rights and duties recognized under
the Constitution, existing laws, rules and regulations, and
international agreements;
(c) To introduce and adopt innovations and best practices ensuring
the effective enforcement of remedies and redress for violation of
environmental laws; and
(d) To enable the courts to monitor and exact compliance with orders
and judgments in environmental cases.
Section 4. Definition of Terms. -
JURISDICTION | CRIMINAL PROCEDURE
(a) By-product or derivatives means any part taken or substance
extracted from wildlife, in raw or in processed form including stuffed
animals and herbarium specimens. 1avvphi1
(b) Consent decree refers to a judicially-approved settlement
between concerned parties based on public interest and public policy
to protect and preserve the environment.
(c) Continuing mandamus is a writ issued by a court in an
environmental case directing any agency or instrumentality of the
government or officer thereof to perform an act or series of acts
decreed by final judgment which shall remain effective until judgment
is fully satisfied.
(d) Environmental protection order (EPO) refers to an order issued
by the court directing or enjoining any person or government agency
to perform or desist from performing an act in order to protect,
preserve or rehabilitate the environment.
(e) Mineral refers to all naturally occurring inorganic substance in
solid, gas, liquid, or any intermediate state excluding energy
materials such as coal, petroleum, natural gas, radioactive materials
and geothermal energy.
(f) Precautionary principle states that when human activities may
lead to threats of serious and irreversible damage to the environment
that is scientifically plausible but uncertain, actions shall be taken to
avoid or diminish that threat.
(g) Strategic lawsuit against public participation (SLAPP) refers to an
action whether civil, criminal or administrative, brought against any
person, institution or any government agency or local government
unit or its officials and employees, with the intent to harass, vex,
exert undue pressure or stifle any legal recourse that such person,
institution or government agency has taken or may take in the
enforcement of environmental laws, protection of the environment or
assertion of environmental rights.
(h) Wildlife means wild forms and varieties of flora and fauna, in all
developmental stages including those which are in captivity or are
being bred or propagated.
47

PART II
CIVIL PROCEDURE
RULE 2
PLEADINGS AND PARTIES
Section 1. Pleadings and motions allowed. — The pleadings and motions
that may be filed are complaint, answer which may include compulsory
counterclaim and cross-claim, motion for intervention, motion for discovery
and motion for reconsideration of the judgment.
Motion for postponement, motion for new trial and petition for relief from
judgment shall be allowed in highly meritorious cases or to prevent a
manifest miscarriage of justice.
Section 2. Prohibited pleadings or motions. — The following pleadings or
motions shall not be allowed:
(a) Motion to dismiss the complaint;
(b) Motion for a bill of particulars;
(c) Motion for extension of time to file pleadings, except to file
answer, the extension not to exceed fifteen (15) days;
(d) Motion to declare the defendant in default;
(e) Reply and rejoinder; and
(f) Third party complaint.
Section 3. Verified complaint. — The verified complaint shall contain the
names of the parties, their addresses, the cause of action and the reliefs
prayed for.
The plaintiff shall attach to the verified complaint all evidence proving or
supporting the cause of action consisting of the affidavits of witnesses,
documentary evidence and if possible, object evidence. The affidavits shall
be in question and answer form and shall comply with the rules of
admissibility of evidence.
JURISDICTION | CRIMINAL PROCEDURE
The complaint shall state that it is an environmental case and the law
involved. The complaint shall also include a certification against forum
shopping. If the complaint is not an environmental complaint, the presiding
judge shall refer it to the executive judge for re-raffle.
Section 4. Who may file. — Any real party in interest, including the
government and juridical entities authorized by law, may file a civil action
involving the enforcement or violation of any environmental law.
Section 5. Citizen suit. — Any Filipino citizen in representation of others,
including minors or generations yet unborn, may file an action to enforce
rights or obligations under environmental laws. Upon the filing of a citizen
suit, the court shall issue an order which shall contain a brief description of
the cause of action and the reliefs prayed for, requiring all interested parties
to manifest their interest to intervene in the case within fifteen (15) days from
notice thereof. The plaintiff may publish the order once in a newspaper of a
general circulation in the Philippines or furnish all affected barangays copies
of said order.
Citizen suits filed under R.A. No. 8749 and R.A. No. 9003 shall be governed
by their respective provisions.
Section 6. Service of the complaint on the government or its agencies. -
Upon the filing of the complaint, the plaintiff is required to furnish the
government or the appropriate agency, although not a party, a copy of the
complaint. Proof of service upon the government or the appropriate agency
shall be attached to the complaint.
Section 7. Assignment by raffle. - If there is only one (1) designated branch
in a multiple-sala court, the executive judge shall immediately refer the case
to said branch. If there are two (2) or more designated branches, the
executive judge shall conduct a special raffle on the day the complaint is
filed.
Section 8. Issuance of Temporary Environmental Protection Order (TEPO). -
If it appears from the verified complaint with a prayer for the issuance of an
Environmental Protection Order (EPO) that the matter is of extreme urgency
and the applicant will suffer grave injustice and irreparable injury, the
executive judge of the multiple-sala court before raffle or the presiding judge
of a single-sala court as the case may be, may issue ex parte a TEPO
effective for only seventy-two (72) hours from date of the receipt of the TEPO
by the party or person enjoined. Within said period, the court where the case
48

is assigned, shall conduct a summary hearing to determine whether the
TEPO may be extended until the termination of the case.
The court where the case is assigned, shall periodically monitor the
existence of acts that are the subject matter of the TEPO even if issued by
the executive judge, and may lift the same at any time as circumstances may
warrant.
The applicant shall be exempted from the posting of a bond for the issuance
of a TEPO.
Section 9. Action on motion for dissolution of TEPO. - The grounds for
motion to dissolve a TEPO shall be supported by affidavits of the party or
person enjoined which the applicant may oppose, also by affidavits.
The TEPO may be dissolved if it appears after hearing that its issuance or
continuance would cause irreparable damage to the party or person enjoined
while the applicant may be fully compensated for such damages as he may
suffer and subject to the posting of a sufficient bond by the party or person
enjoined.
Section 10. Prohibition against temporary restraining order (TRO) and
preliminary injunction. - Except the Supreme Court, no court can issue a
TRO or writ of preliminary injunction against lawful actions of government
agencies that enforce environmental laws or prevent violations thereof.
Section 11. Report on TEPO, EPO, TRO or preliminary injunction. - The
judge shall report any action taken on a TEPO, EPO, TRO or a preliminary
injunction, including its modification and dissolution, to the Supreme Court,
through the Office of the Court Administrator, within ten (10) days from the
action taken.
Section 12. Payment of filing and other legal fees. - The payment of filing
and other legal fees by the plaintiff shall be deferred until after judgment
unless the plaintiff is allowed to litigate as an indigent. It shall constitute a first
lien on the judgment award.
For a citizen suit, the court shall defer the payment of filing and other legal
fees that shall serve as first lien on the judgment award.
JURISDICTION | CRIMINAL PROCEDURE
Section 13. Service of summons, orders and other court processes. - The
summons, orders and other court processes may be served by the sheriff,
his deputy or other proper court officer or for justifiable reasons, by the
counsel or representative of the plaintiff or any suitable person authorized or
deputized by the court issuing the summons.
Any private person who is authorized or deputized by the court to serve
summons, orders and other court processes shall for that purpose be
considered an officer of the court.
The summons shall be served on the defendant, together with a copy of an
order informing all parties that they have fifteen (15) days from the filing of an
answer, within which to avail of interrogatories to parties under Rule 25 of the
Rules of Court and request for admission by adverse party under Rule 26, or
at their discretion, make use of depositions under Rule 23 or other measures
under Rules 27 and 28.
Should personal and substituted service fail, summons by publication shall
be allowed. In the case of juridical entities, summons by publication shall be
done by indicating the names of the officers or their duly authorized
representatives.
Section 14. Verified answer. - Within fifteen (15) days from receipt of
summons, the defendant shall file a verified answer to the complaint and
serve a copy thereof on the plaintiff. The defendant shall attach affidavits of
witnesses, reports, studies of experts and all evidence in support of the
defense.
Affirmative and special defenses not pleaded shall be deemed waived,
except lack of jurisdiction.
Cross-claims and compulsory counterclaims not asserted shall be
considered barred. The answer to counterclaims or cross-claims shall be
filed and served within ten (10) days from service of the answer in which they
are pleaded.
Section 15. Effect of failure to answer. - Should the defendant fail to answer
the complaint within the period provided, the court shall declare defendant in
default and upon motion of the plaintiff, shall receive evidence ex parte and
render judgment based thereon and the reliefs prayed for.
49

RULE 3
PRE-TRIAL
Section 1. Notice of pre-trial. - Within two (2) days from the filing of the
answer to the counterclaim or cross-claim, if any, the branch clerk of court
shall issue a notice of the pre-trial to be held not later than one (1) month
from the filing of the last pleading.
The court shall schedule the pre-trial and set as many pre-trial conferences
as may be necessary within a period of two (2) months counted from the date
of the first pre-trial conference.
Section 2. Pre-trial brief. - At least three (3) days before the pretrial, the
parties shall submit pre-trial briefs containing the following:
(a) A statement of their willingness to enter into an amicable
settlement indicating the desired terms thereof or to submit the case
to any of the alternative modes of dispute resolution;
(b) A summary of admitted facts and proposed stipulation of facts;
(c) The legal and factual issues to be tried or resolved. For each
factual issue, the parties shall state all evidence to support their
positions thereon. For each legal issue, parties shall state the
applicable law and jurisprudence supporting their respective
positions thereon;
(d) The documents or exhibits to be presented, including depositions,
answers to interrogatories and answers to written request for
admission by adverse party, stating the purpose thereof;
(e) A manifestation of their having availed of discovery procedures or
their intention to avail themselves of referral to a commissioner or
panel of experts;
(f) The number and names of the witnesses and the substance of
their affidavits;
(g) Clarificatory questions from the parties; and
JURISDICTION | CRIMINAL PROCEDURE
(h) List of cases arising out of the same facts pending before other
courts or administrative agencies. Failure to comply with the required
contents of a pre-trial brief may be a ground for contempt.
Failure to file the pre-trial brief shall have the same effect as failure to appear
at the pre-trial.
Section 3. Referral to mediation. - At the start of the pre-trial conference, the
court shall inquire from the parties if they have settled the dispute; otherwise,
the court shall immediately refer the parties or their counsel, if authorized by
their clients, to the Philippine Mediation Center (PMC) unit for purposes of
mediation. If not available, the court shall refer the case to the clerk of court
or legal researcher for mediation.
Mediation must be conducted within a non-extendible period of thirty (30)
days from receipt of notice of referral to mediation.
The mediation report must be submitted within ten (10) days from the
expiration of the 30-day period.
Section 4. Preliminary conference. - If mediation fails, the court will schedule
the continuance of the pre-trial. Before the scheduled date of continuance,
the court may refer the case to the branch clerk of court for a preliminary
conference for the following purposes:
(a) To assist the parties in reaching a settlement;
(b) To mark the documents or exhibits to be presented by the parties
and copies thereof to be attached to the records after comparison
with the originals;
(c) To ascertain from the parties the undisputed facts and admissions
on the genuineness and due execution of the documents marked as
exhibits;
(d) To require the parties to submit the depositions taken under Rule
23 of the Rules of Court, the answers to written interrogatories under
Rule 25, and the answers to request for admissions by the adverse
party under Rule 26;
50

(e) To require the production of documents or things requested by a
party under Rule 27 and the results of the physical and mental
examination of persons under Rule 28;
(f) To consider such other matters as may aid in its prompt
disposition;
(g) To record the proceedings in the "Minutes of Preliminary
Conference" to be signed by both parties or their counsels;
(h) To mark the affidavits of witnesses which shall be in question and
answer form and shall constitute the direct examination of the
witnesses; and
(i) To attach the minutes together with the marked exhibits before the
pre-trial proper.
The parties or their counsel must submit to the branch clerk of court the
names, addresses and contact numbers of the affiants.
During the preliminary conference, the branch clerk of court shall also require
the parties to submit the depositions taken under Rule 23 of the Rules of
Court, the answers to written interrogatories under Rule 25 and the answers
to request for admissions by the adverse party under Rule 26. The branch
clerk of court may also require the production of documents or things
requested by a party under Rule 27 and the results of the physical and
mental examination of persons under Rule 28.
Section 5. Pre-trial conference; consent decree. - The judge shall put the
parties and their counsels under oath, and they shall remain under oath in all
pre-trial conferences.
The judge shall exert best efforts to persuade the parties to arrive at a
settlement of the dispute. The judge may issue a consent decree approving
the agreement between the parties in accordance with law, morals, public
order and public policy to protect the right of the people to a balanced and
healthful ecology.
Evidence not presented during the pre-trial, except newly-discovered
evidence, shall be deemed waived.
JURISDICTION | CRIMINAL PROCEDURE
Section 6. Failure to settle. - If there is no full settlement, the judge shall:
(a) Adopt the minutes of the preliminary conference as part of the
pre-trial proceedings and confirm the markings of exhibits or
substituted photocopies and admissions on the genuineness and
due execution of documents;
(b) Determine if there are cases arising out of the same facts
pending before other courts and order its consolidation if warranted;
(c) Determine if the pleadings are in order and if not, order the
amendments if necessary;
(d) Determine if interlocutory issues are involved and resolve the
same;
(e) Consider the adding or dropping of parties;
(f) Scrutinize every single allegation of the complaint, answer and
other pleadings and attachments thereto, and the contents of
documents and all other evidence identified and pre-marked during
pre-trial in determining further admissions;
(g) Obtain admissions based on the affidavits of witnesses and
evidence attached to the pleadings or submitted during pre-trial;
(h) Define and simplify the factual and legal issues arising from the
pleadings and evidence. Uncontroverted issues and frivolous claims
or defenses should be eliminated;
(i) Discuss the propriety of rendering a summary judgment or a
judgment based on the pleadings, evidence and admissions made
during pre-trial;
(j) Observe the Most Important Witness Rule in limiting the number of
witnesses, determining the facts to be proved by each witness and
fixing the approximate number of hours per witness;
(k) Encourage referral of the case to a trial by commissioner under
Rule 32 of the Rules of Court or to a mediator or arbitrator under any
51

of the alternative modes of dispute resolution governed by the
Special Rules of Court on Alternative Dispute Resolution;
(l) Determine the necessity of engaging the services of a qualified
expert as a friend of the court (amicus curiae); and
(m) Ask parties to agree on the specific trial dates for continuous
trial, comply with the one-day examination of witness rule, adhere to
the case flow chart determined by the court which shall contain the
different stages of the proceedings up to the promulgation of the
decision and use the time frame for each stage in setting the trial
dates.
Section 7. Effect of failure to appear at pre-trial. - The court shall not dismiss
the complaint, except upon repeated and unjustified failure of the plaintiff to
appear. The dismissal shall be without prejudice, and the court may proceed
with the counterclaim.
If the defendant fails to appear at the pre-trial, the court shall receive
evidence ex parte.
Section 8. Minutes of pre-trial. - The minutes of each pre-trial conference
shall contain matters taken up therein, more particularly admissions of facts
and exhibits, and shall be signed by the parties and their counsel.
Section 9. Pre-trial order. - Within ten (10) days after the termination of the
pre-trial, the court shall issue a pre-trial order setting forth the actions taken
during the pre-trial conference, the facts stipulated, the admissions made, the
evidence marked, the number of witnesses to be presented and the schedule
of trial. Said order shall bind the parties, limit the trial to matters not disposed
of and control the course of action during the trial.
Section 10. Efforts to settle. - The court shall endeavor to make the parties
agree to compromise or settle in accordance with law at any stage of the
proceedings before rendition of judgment.
JURISDICTION | CRIMINAL PROCEDURE
RULE 4
TRIAL
Section 1. Continuous trial. - The judge shall conduct continuous trial which
shall not exceed two (2) months from the date of the issuance of the pre-trial
order.
Before the expiration of the two-month period, the judge may ask the
Supreme Court for the extension of the trial period for justifiable cause.
Section 2. Affidavits in lieu of direct examination. - In lieu of direct
examination, affidavits marked during the pre-trial shall be presented as
direct examination of affiants subject to cross-
examination by the adverse party.
Section 3. One-day examination of witness rule. - The court shall strictly
adhere to the rule that a witness has to be fully examined in one (1) day,
subject to the court’s discretion of extending the examination for justifiable
reason. After the presentation of the last witness, only oral offer of evidence
shall be allowed, and the opposing party shall immediately interpose his
objections. The judge shall forthwith rule on the offer of evidence in open
court.
Section 4. Submission of case for decision; filing of memoranda. - After the
last party has rested its case, the court shall issue an order submitting the
case for decision.
The court may require the parties to submit their respective memoranda, if
possible in electronic form, within a non-extendible period of thirty (30) days
from the date the case is submitted for decision.
The court shall have a period of sixty (60) days to decide the case from the
date the case is submitted for decision.
Section 5. Period to try and decide. - The court shall have a period of one (1)
year from the filing of the complaint to try and decide the case. Before the
expiration of the one-year period, the court may petition the Supreme Court
for the extension of the period for justifiable cause.
The court shall prioritize the adjudication of environmental cases.
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RULE 5
JUDGMENT AND EXECUTION
Section 1. Reliefs in a citizen suit. - If warranted, the court may grant to the
plaintiff proper reliefs which shall include the protection, preservation or
rehabilitation of the environment and the payment of attorney’s fees, costs of
suit and other litigation expenses. It may also require the violator to submit a
program of rehabilitation or restoration of the environment, the costs of which
shall be borne by the violator, or to contribute to a special trust fund for that
purpose subject to the control of the court.
Section 2. Judgment not stayed by appeal. - Any judgment directing the
performance of acts for the protection, preservation or rehabilitation of the
environment shall be executory pending appeal unless restrained by the
appellate court.
Section 3. Permanent EPO; writ of continuing mandamus. - In the judgment,
the court may convert the TEPO to a permanent EPO or issue a writ of
continuing mandamus directing the performance of acts which shall be
effective until the judgment is fully satisfied.
The court may, by itself or through the appropriate government agency,
monitor the execution of the judgment and require the party concerned to
submit written reports on a quarterly basis or sooner as may be necessary,
detailing the progress of the execution and satisfaction of the judgment. The
other party may, at its option, submit its comments or observations on the
execution of the judgment.
Section 4. Monitoring of compliance with judgment and orders of the court
by a commissioner. - The court may motu proprio, or upon motion of the
prevailing party, order that the enforcement of the judgment or order be
referred to a commissioner to be appointed by the court. The commissioner
shall file with the court written progress reports on a quarterly basis or more
frequently when necessary.
Section 5. Return of writ of execution. - The process of execution shall
terminate upon a sufficient showing that the decision or order has been
implemented to the satisfaction of the court in accordance with Section 14,
Rule 39 of the Rules of Court.
JURISDICTION | CRIMINAL PROCEDURE
RULE 6
STRATEGIC LAWSUIT AGAINST PUBLIC PARTICIPATION
Section 1. Strategic lawsuit against public participation (SLAPP). - A legal
action filed to harass, vex, exert undue pressure or stifle any legal recourse
that any person, institution or the government has taken or may take in the
enforcement of environmental laws, protection of the environment or
assertion of environmental rights shall be treated as a SLAPP and shall be
governed by these Rules.
Section 2. SLAPP as a defense; how alleged. - In a SLAPP filed against a
person involved in the enforcement of environmental laws, protection of the
environment, or assertion of environmental rights, the defendant may file an
answer interposing as a defense that the case is a SLAPP and shall be
supported by documents, affidavits, papers and other evidence; and, by way
of counterclaim, pray for damages, attorney’s fees and costs of suit.
The court shall direct the plaintiff or adverse party to file an opposition
showing the suit is not a SLAPP, attaching evidence in support thereof,
within a non-extendible period of five (5) days from receipt of notice that an
answer has been filed.
The defense of a SLAPP shall be set for hearing by the court after issuance
of the order to file an opposition within fifteen (15) days from filing of the
comment or the lapse of the period.
Section 3. Summary hearing. - The hearing on the defense of a SLAPP shall
be summary in nature. The parties must submit all available evidence in
support of their respective positions. The party seeking the dismissal of the
case must prove by substantial evidence that his act for the enforcement of
environmental law is a legitimate action for the protection, preservation and
rehabilitation of the environment. The party filing the action assailed as a
SLAPP shall prove by preponderance of evidence that the action is not a
SLAPP and is a valid claim.
Section 4. Resolution of the defense of a SLAPP. - The affirmative defense
of a SLAPP shall be resolved within thirty (30) days after the summary
hearing. If the court dismisses the action, the court may award damages,
53

attorney’s fees and costs of suit under a counterclaim if such has been filed.
The dismissal shall be with prejudice.
If the court rejects the defense of a SLAPP, the evidence adduced during the
summary hearing shall be treated as evidence of the parties on the merits of
the case. The action shall proceed in accordance with the Rules of Court.
PART III
SPECIAL CIVIL ACTIONS
RULE 7
WRIT OF KALIKASAN
Section 1. Nature of the writ. - The writ is a remedy available to a natural or
juridical person, entity authorized by law, people’s organization, non-
governmental organization, or any public interest group accredited by or
registered with any government agency, on behalf of persons whose
constitutional right to a balanced and healthful ecology is violated, or
threatened with violation by an unlawful act or omission of a public official or
employee, or private individual or entity, involving environmental damage of
such magnitude as to prejudice the life, health or property of inhabitants in
two or more cities or provinces.
Section 2. Contents of the petition. - The verified petition shall contain the
following:
(a) The personal circumstances of the petitioner;
(b) The name and personal circumstances of the respondent or if the
name and personal circumstances are unknown and uncertain, the
respondent may be described by an assumed appellation;
(c) The environmental law, rule or regulation violated or threatened to
be violated, the act or omission complained of, and the
environmental damage of such magnitude as to prejudice the life,
health or property of inhabitants in two or more cities or provinces.
(d) All relevant and material evidence consisting of the affidavits of
witnesses, documentary evidence, scientific or other expert studies,
and if possible, object evidence;
JURISDICTION | CRIMINAL PROCEDURE
(e) The certification of petitioner under oath that: (1) petitioner has
not commenced any action or filed any claim involving the same
issues in any court, tribunal or quasi-judicial agency, and no such
other action or claim is pending therein; (2) if there is such other
pending action or claim, a complete statement of its present status;
(3) if petitioner should learn that the same or similar action or claim
has been filed or is pending, petitioner shall report to the court that
fact within five (5) days therefrom; and
(f) The reliefs prayed for which may include a prayer for the issuance
of a TEPO.
Section 3. Where to file. - The petition shall be filed with the Supreme Court
or with any of the stations of the Court of Appeals.
Section 4. No docket fees. - The petitioner shall be exempt from the
payment of docket
fees.
Section 5. Issuance of the writ. - Within three (3) days from the date of filing
of the petition, if the petition is sufficient in form and substance, the court
shall give an order: (a) issuing the writ; and (b) requiring the respondent to
file a verified return as provided in Section 8 of this Rule. The clerk of court
shall forthwith issue the writ under the seal of the court including the
issuance of a cease and desist order and other temporary reliefs effective
until further order.
Section 6. How the writ is served. - The writ shall be served upon the
respondent by a court officer or any person deputized by the court, who shall
retain a copy on which to make a return of service. In case the writ cannot be
served personally, the rule on substituted service shall apply.
Section 7. Penalty for refusing to issue or serve the writ. - A clerk of court
who unduly delays or refuses to issue the writ after its allowance or a court
officer or deputized person who unduly delays or refuses to serve the same
shall be punished by the court for contempt without prejudice to other civil,
criminal or administrative actions.
Section 8. Return of respondent; contents. - Within a non-extendible period
of ten (10) days after service of the writ, the respondent shall file a verified
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return which shall contain all defenses to show that respondent did not
violate or threaten to violate, or allow the violation of any environmental law,
rule or regulation or commit any act resulting to environmental damage of
such magnitude as to prejudice the life, health or property of inhabitants in
two or more cities or provinces.
All defenses not raised in the return shall be deemed waived.
The return shall include affidavits of witnesses, documentary evidence,
scientific or other expert studies, and if possible, object evidence, in support
of the defense of the respondent.
A general denial of allegations in the petition shall be considered as an
admission thereof.
Section 9. Prohibited pleadings and motions. - The following pleadings and
motions are prohibited:
(a) Motion to dismiss;
(b) Motion for extension of time to file return;
(c) Motion for postponement;
(d) Motion for a bill of particulars;
(e) Counterclaim or cross-claim;
(f) Third-party complaint;
(g) Reply; and
(h) Motion to declare respondent in default.
Section 10. Effect of failure to file return. - In case the respondent fails to file
a return, the court shall proceed to hear the petition ex parte.
Section 11. Hearing. - Upon receipt of the return of the respondent, the court
may call a preliminary conference to simplify the issues, determine the
JURISDICTION | CRIMINAL PROCEDURE
possibility of obtaining stipulations or admissions from the parties, and set
the petition for hearing.
The hearing including the preliminary conference shall not extend beyond
sixty (60) days and shall be given the same priority as petitions for the writs
of habeas corpus, amparo and habeas data.
Section 12. Discovery Measures. - A party may file a verified motion for the
following reliefs:
(a) Ocular Inspection; order — The motion must show that an ocular
inspection order is necessary to establish the magnitude of the
violation or the threat as to prejudice the life, health or property of
inhabitants in two or more cities or provinces. It shall state in detail
the place or places to be inspected. It shall be supported by affidavits
of witnesses having personal knowledge of the violation or
threatened violation of environmental law.
After hearing, the court may order any person in possession or
control of a designated land or other property to permit entry for the
purpose of inspecting or
photographing the property or any relevant object or operation
thereon.
The order shall specify the person or persons authorized to make the
inspection and the date, time, place and manner of making the
inspection and may prescribe other conditions to protect the
constitutional rights of all parties.
(b) Production or inspection of documents or things; order – The
motion must show that a production order is necessary to establish
the magnitude of the violation or the threat as to prejudice the life,
health or property of inhabitants in two or more cities or provinces.
After hearing, the court may order any person in possession, custody
or control of any designated documents, papers, books, accounts,
letters, photographs, objects or tangible things, or objects in digitized
or electronic form, which constitute or contain evidence relevant to
the petition or the return, to produce and permit their inspection,
copying or photographing by or on behalf of the movant.
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The production order shall specify the person or persons authorized to make
the production and the date, time, place and manner of making the
inspection or production and may prescribe other conditions to protect the
constitutional rights of all parties.
Section 13. Contempt. - The court may after hearing punish the respondent
who refuses or unduly delays the filing of a return, or who makes a false
return, or any person who disobeys or resists a lawful process or order of the
court for indirect contempt under Rule 71 of the Rules of Court.
Section 14. Submission of case for decision; filing of memoranda. - After
hearing, the court shall issue an order submitting the case for decision. The
court may require the filing of memoranda and if possible, in its electronic
form, within a non-extendible period of thirty (30) days from the date the
petition is submitted for decision.
Section 15. Judgment. - Within sixty (60) days from the time the petition is
submitted for decision, the court shall render judgment granting or denying
the privilege of the writ of kalikasan.
The reliefs that may be granted under the writ are the following:
(a) Directing respondent to permanently cease and desist from
committing acts or neglecting the performance of a duty in violation
of environmental laws resulting in environmental destruction or
damage;
(b) Directing the respondent public official, government agency,
private person or entity to protect, preserve, rehabilitate or restore
the environment;
(c) Directing the respondent public official, government agency,
private person or entity to monitor strict compliance with the decision
and orders of the court;
(d) Directing the respondent public official, government agency, or
private person or entity to make periodic reports on the execution of
the final judgment; and
JURISDICTION | CRIMINAL PROCEDURE
(e) Such other reliefs which relate to the right of the people to a
balanced and healthful ecology or to the protection, preservation,
rehabilitation or restoration of the
environment, except the award of damages to individual petitioners.
Section 16. Appeal. - Within fifteen (15) days from the date of notice of the
adverse judgment or denial of motion for reconsideration, any party may
appeal to the Supreme Court under Rule 45 of the Rules of Court. The
appeal may raise questions of fact.
Section 17. Institution of separate actions. - The filing of a petition for the
issuance of the writ of kalikasan shall not preclude the filing of separate civil,
criminal or administrative actions.
RULE 8
WRIT OF CONTINUING MANDAMUS
Section 1. Petition for continuing mandamus. - When any agency or
instrumentality of the government or officer thereof unlawfully neglects the
performance of an act which the law specifically enjoins as a duty resulting
from an office, trust or station in connection with the enforcement or violation
of an environmental law rule or regulation or a right therein, or unlawfully
excludes another from the use or enjoyment of such right and there is no
other plain, speedy and adequate remedy in the ordinary course of law, the
person aggrieved thereby may file a verified petition in the proper court,
alleging the facts with certainty, attaching thereto supporting evidence,
specifying that the petition concerns an environmental law, rule or regulation,
and praying that judgment be rendered commanding the respondent to do an
act or series of acts until the judgment is fully satisfied, and to pay damages
sustained by the petitioner by reason of the malicious neglect to perform the
duties of the respondent, under the law, rules or regulations. The petition
shall also contain a sworn certification of non-forum shopping.
Section 2. Where to file the petition. - The petition shall be filed with the
Regional Trial Court exercising jurisdiction over the territory where the
actionable neglect or omission occurred or with the Court of Appeals or the
Supreme Court.
Section 3. No docket fees. - The petitioner shall be exempt from the
payment of docket fees.
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Section 4. Order to comment. - If the petition is sufficient in form and
substance, the court shall issue the writ and require the respondent to
comment on the petition within ten (10) days from receipt of a copy thereof.
Such order shall be served on the respondents in such manner as the court
may direct, together with a copy of the petition and any annexes thereto.
Section 5. Expediting proceedings; TEPO. - The court in which the petition is
filed may issue such orders to expedite the proceedings, and it may also
grant a TEPO for the preservation of the rights of the parties pending such
proceedings.
Section 6. Proceedings after comment is filed. - After the comment is filed or
the time for the filing thereof has expired, the court may hear the case which
shall be summary in nature or require the parties to submit memoranda. The
petition shall be resolved without delay within sixty (60) days from the date of
the submission of the petition for resolution.
Section 7. Judgment. - If warranted, the court shall grant the privilege of the
writ of continuing mandamus requiring respondent to perform an act or series
of acts until the judgment is fully satisfied and to grant such other reliefs as
may be warranted resulting from the wrongful or illegal acts of the
respondent. The court shall require the respondent to submit periodic reports
detailing the progress and execution of the judgment, and the court may, by
itself or through a commissioner or the appropriate government agency,
evaluate and monitor compliance. The petitioner may submit its comments or
observations on the execution of the judgment.
Section 8. Return of the writ. - The periodic reports submitted by the
respondent detailing compliance with the judgment shall be contained in
partial returns of the writ.
Upon full satisfaction of the judgment, a final return of the writ shall be made
to the court by the respondent. If the court finds that the judgment has been
fully implemented, the satisfaction of judgment shall be entered in the court
docket.
JURISDICTION | CRIMINAL PROCEDURE
PART IV
CRIMINAL PROCEDURE
RULE 9
PROSECUTION OF OFFENSES
Section 1. Who may file. - Any offended party, peace officer or any public
officer charged with the enforcement of an environmental law may file a
complaint before the proper officer in accordance with the Rules of Court.
Section 2. Filing of the information. - An information, charging a person with
a violation of an environmental law and subscribed by the prosecutor, shall
be filed with the court.
Section 3. Special prosecutor. - In criminal cases, where there is no private
offended party, a counsel whose services are offered by any person or
organization may be allowed by the court as special prosecutor, with the
consent of and subject to the control and supervision of the public
prosecutor.
RULE 10
PROSECUTION OF CIVIL ACTIONS
Section 1. Institution of criminal and civil actions. - When a criminal action is
instituted, the civil action for the recovery of civil liability arising from the
offense charged, shall be deemed instituted with the criminal action unless
the complainant waives the civil action, reserves the right to institute it
separately or institutes the civil action prior to the criminal action.
Unless the civil action has been instituted prior to the criminal action, the
reservation of the right to institute separately the civil action shall be made
during arraignment.
In case civil liability is imposed or damages are awarded, the filing and other
legal fees shall be imposed on said award in accordance with Rule 141 of the
Rules of Court, and the fees shall constitute a first lien on the judgment
award. The damages awarded in cases where there is no private offended
party, less the filing fees, shall accrue to the funds of the agency charged
with the implementation of the environmental law violated. The award shall
be used for the restoration and rehabilitation of the environment adversely
affected.
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RULE 11
ARREST
Section 1. Arrest without warrant; when lawful. - A peace officer or an
individual deputized by the proper government agency may, without a
warrant, arrest a person:
(a) When, in his presence, the person to be arrested has committed,
is actually committing or is attempting to commit an offense; or
(b) When an offense has just been committed, and he has probable
cause to believe based on personal knowledge of facts or
circumstances that the person to be arrested has committed it.
Individuals deputized by the proper government agency who are
enforcing environmental laws shall enjoy the presumption of
regularity under Section 3(m), Rule 131 of the Rules of Court when
effecting arrests for violations of environmental laws.
Section 2. Warrant of arrest. - All warrants of arrest issued by the court shall
be accompanied by a certified true copy of the information filed with the
issuing court.
RULE 12
CUSTODY AND DISPOSITION OF SEIZED ITEMS, EQUIPMENT,
PARAPHERNALIA, CONVEYANCES AND INSTRUMENTS
Section 1. Custody and disposition of seized items. - The custody and
disposition of seized items shall be in accordance with the applicable laws or
rules promulgated by the concerned government agency.
Section 2. Procedure. - In the absence of applicable laws or rules
promulgated by the concerned government agency, the following procedure
shall be observed:
(a) The apprehending officer having initial custody and control of the
seized items, equipment, paraphernalia, conveyances and
instruments shall physically inventory and whenever practicable,
photograph the same in the presence of the person from whom such
items were seized.
JURISDICTION | CRIMINAL PROCEDURE
(b) Thereafter, the apprehending officer shall submit to the issuing
court the return of the search warrant within five (5) days from date of
seizure or in case of warrantless arrest, submit within five (5) days
from date of seizure, the inventory report, compliance report,
photographs, representative samples and other pertinent documents
to the public prosecutor for appropriate action.
(c) Upon motion by any interested party, the court may direct the
auction sale of seized items, equipment, paraphernalia, tools or
instruments of the crime. The court shall, after hearing, fix the
minimum bid price based on the recommendation of the concerned
government agency. The sheriff shall conduct the auction.
(d) The auction sale shall be with notice to the accused, the person
from whom the items were seized, or the owner thereof and the
concerned government agency.
(e) The notice of auction shall be posted in three conspicuous places
in the city or municipality where the items, equipment, paraphernalia,
tools or instruments of the crime were seized.
(f) The proceeds shall be held in trust and deposited with the
government depository bank for disposition according to the
judgment.
RULE 13
PROVISIONAL REMEDIES
Section 1. Attachment in environmental cases. - The provisional remedy of
attachment under Rule 127 of the Rules of Court may be availed of in
environmental cases.
Section 2. Environmental Protection Order (EPO); Temporary Environmental
Protection Order (TEPO) in criminal cases. - The procedure for and issuance
of EPO and TEPO shall be governed by Rule 2 of these Rules.
RULE 14
BAIL
Section 1. Bail, where filed. - Bail in the amount fixed may be filed with the
court where the case is pending, or in the absence or unavailability of the
58

judge thereof, with any regional trial judge, metropolitan trial judge, municipal
trial judge or municipal circuit trial judge in the province, city or municipality. If
the accused is arrested in a province, city or municipality other than where
the case is pending, bail may also be filed with any Regional Trial Court of
said place, or if no judge thereof is available, with any metropolitan trial
judge, municipal trial judge or municipal circuit trial judge therein. If the court
grants bail, the court may issue a hold-departure order in appropriate cases.
Section 2. Duties of the court. - Before granting the application for bail, the
judge must read the information in a language known to and understood by
the accused and require the accused to sign a written undertaking, as
follows:
(a) To appear before the court that issued the warrant of arrest for
arraignment purposes on the date scheduled, and if the accused fails
to appear without justification on the date of arraignment, accused
waives the reading of the information and authorizes the court to
enter a plea of not guilty on behalf of the accused and to set the case
for trial;
(b) To appear whenever required by the court where the case is
pending; and
(c) To waive the right of the accused to be present at the trial, and
upon failure of the accused to appear without justification and
despite due notice, the trial may proceed in absentia.
RULE 15
ARRAIGNMENT AND PLEA
Section 1. Arraignment. - The court shall set the arraignment of the accused
within fifteen (15) days from the time it acquires jurisdiction over the accused,
with notice to the public prosecutor and offended party or concerned
government agency that it will entertain plea-bargaining on the date of the
arraignment.
Section 2. Plea-bargaining. - On the scheduled date of arraignment, the
court shall consider plea-bargaining arrangements. Where the prosecution
and offended party or concerned government agency agree to the plea
offered by the accused, the court shall:
JURISDICTION | CRIMINAL PROCEDURE
(a) Issue an order which contains the plea-bargaining arrived at;
(b) Proceed to receive evidence on the civil aspect of the case, if
any; and
(c) Render and promulgate judgment of conviction, including the civil
liability for damages.
RULE 16
PRE-TRIAL
Section 1. Setting of pre-trial conference. - After the arraignment, the court
shall set the pre-trial conference within thirty (30) days. It may refer the case
to the branch clerk of court, if warranted, for a preliminary conference to be
set at least three (3) days prior to the pre-trial.
Section 2. Preliminary conference. - The preliminary conference shall be for
the following purposes:
(a) To assist the parties in reaching a settlement of the civil aspect of
the case;
(b) To mark the documents to be presented as exhibits;
(c) To attach copies thereof to the records after comparison with the
originals;
(d) To ascertain from the parties the undisputed facts and
admissions on the genuineness and due execution of documents
marked as exhibits;
(e) To consider such other matters as may aid in the prompt
disposition of the case;
(f) To record the proceedings during the preliminary conference in
the Minutes of Preliminary Conference to be signed by the parties
and counsel;
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(g) To mark the affidavits of witnesses which shall be in question and
answer form and shall constitute the direct examination of the
witnesses; and
(h) To attach the Minutes and marked exhibits to the case record
before the pre-trial proper. The parties or their counsel must submit
to the branch clerk of court the names, addresses and contact
numbers of the affiants.
Section 3. Pre-trial duty of the judge. - During the pre-trial, the court shall:
(a) Place the parties and their counsels under oath;
(b) Adopt the minutes of the preliminary conference as part of the
pre-trial proceedings, confirm markings of exhibits or substituted
photocopies and admissions on the genuineness and due execution
of documents, and list object and testimonial evidence;
(c) Scrutinize the information and the statements in the affidavits and
other documents which form part of the record of the preliminary
investigation together with other documents identified and marked as
exhibits to determine further admissions of facts as to:
i. The court’s territorial jurisdiction relative to the offense(s)
charged;
ii. Qualification of expert witnesses; and
iii. Amount of damages;
(d) Define factual and legal issues;
(e) Ask parties to agree on the specific trial dates and adhere to the
flow chart determined by the court which shall contain the time
frames for the different stages of the proceeding up to promulgation
of decision;
(f) Require the parties to submit to the branch clerk of court the
names, addresses and contact numbers of witnesses that need to be
summoned by subpoena; and
JURISDICTION | CRIMINAL PROCEDURE
(g) Consider modification of order of trial if the accused admits the
charge but interposes a lawful defense.
Section 4. Manner of questioning. - All questions or statements must be
directed to the court.
Section 5. Agreements or admissions. - All agreements or admissions made
or entered during the pre-trial conference shall be reduced in writing and
signed by the accused and counsel; otherwise, they cannot be used against
the accused. The agreements covering the matters referred to in Section 1,
Rule 118 of the Rules of Court shall be approved by the court.
Section 6. Record of proceedings. - All proceedings during the pre-trial shall
be recorded, the transcripts prepared and the minutes signed by the parties
or their counsels.
Section 7. Pre-trial order. - The court shall issue a pre-trial order within ten
(10) days after the termination of the pre-trial, setting forth the actions taken
during the pre-trial conference, the facts stipulated, the admissions made,
evidence marked, the number of witnesses to be presented and the schedule
of trial. The order shall bind the parties and control the course of action
during the trial.
RULE 17
TRIAL
Section 1. Continuous trial. - The court shall endeavor to conduct continuous
trial which shall not exceed three (3) months from the date of the issuance of
the pre-trial order.
Section 2. Affidavit in lieu of direct examination. - Affidavit in lieu of direct
examination shall be used, subject to cross-examination and the right to
object to inadmissible portions of the affidavit.
Section 3. Submission of memoranda. - The court may require the parties to
submit their respective memoranda and if possible, in electronic form, within
a non-extendible period of thirty (30) days from the date the case is
submitted for decision.
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With or without any memoranda filed, the court shall have a period of sixty
(60) days to decide the case counted from the last day of the 30-day period
to file the memoranda.
Section 4. Disposition period. - The court shall dispose the case within a
period of ten (10) months from the date of arraignment.
Section 5. Pro bono lawyers. - If the accused cannot afford the services of
counsel or there is no available public attorney, the court shall require the
Integrated Bar of the Philippines to provide pro bono lawyers for the accused.
RULE 18
SUBSIDIARY LIABILITY
Section 1. Subsidiary liability. - In case of conviction of the accused and
subsidiary liability is allowed by law, the court may, by motion of the person
entitled to recover under judgment, enforce such subsidiary liability against a
person or corporation subsidiary liable under Article 102 and Article 103 of
the Revised Penal Code.
RULE 19
STRATEGIC LAWSUIT AGAINST PUBLIC PARTICIPATION IN CRIMINAL
CASES
Section 1. Motion to dismiss. - Upon the filing of an information in court and
before arraignment, the accused may file a motion to dismiss on the ground
that the criminal action is a SLAPP.
Section 2. Summary hearing. - The hearing on the defense of a SLAPP shall
be summary in nature. The parties must submit all the available evidence in
support of their respective positions. The party seeking the dismissal of the
case must prove by substantial evidence that his acts for the enforcement of
environmental law is a legitimate action for the protection, preservation and
rehabilitation of the environment. The party filing the action assailed as a
SLAPP shall prove by preponderance of evidence that the action is not a
SLAPP.
Section 3. Resolution. - The court shall grant the motion if the accused
establishes in the summary hearing that the criminal case has been filed with
intent to harass, vex, exert undue pressure or stifle any legal recourse that
any person, institution or the government has taken or may take in the
JURISDICTION | CRIMINAL PROCEDURE
enforcement of environmental laws, protection of the environment or
assertion of environmental rights.
If the court denies the motion, the court shall immediately proceed with the
arraignment of the accused.
PART V
EVIDENCE
RULE 20
PRECAUTIONARY PRINCIPLE
Section 1. Applicability. - When there is a lack of full scientific certainty in
establishing a causal link between human activity and environmental effect,
the court shall apply the precautionary principle in resolving the case before
it.
The constitutional right of the people to a balanced and healthful ecology
shall be given the benefit of the doubt.
Section 2. Standards for application. - In applying the precautionary
principle, the following factors, among others, may be considered: (1) threats
to human life or health; (2) inequity to present or future generations; or (3)
prejudice to the environment without legal consideration of the environmental
rights of those affected.
RULE 21
DOCUMENTARY EVIDENCE
Section 1. Photographic, video and similar evidence. - Photographs, videos
and similar evidence of events, acts, transactions of wildlife, wildlife by-
products or derivatives, forest products or mineral resources subject of a
case shall be admissible when authenticated by the person who took the
same, by some other person present when said evidence was taken, or by
any other person competent to testify on the accuracy thereof.
Section 2. Entries in official records. - Entries in official records made in the
performance of his duty by a public officer of the Philippines, or by a person
in performance of a duty specially enjoined by law, are prima facie evidence
of the facts therein stated.
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 JURISDICTION | CRIMINAL PROCEDURE

RULE 22
FINAL PROVISIONS

Section 1. Effectivity. - These Rules shall take effect within fifteen (15) days
following publication once in a newspaper of general circulation.

Section 2. Application of the Rules of Court. - The Rules of Court shall apply
in a suppletory manner, except as otherwise provided herein.

62
 JURISDICTION | CRIMINAL PROCEDURE

S.C Administrative Circular No. 51-96 PASAY CITY [4 Branches]
13. Branch 109, Pasay City, presided over by RTC JUDGE LILIA C. LOPEZ
RE: SPECIAL COURTS FOR KIDNAPPING, ROBBERY, DANGEROUS 14. Branch 110, Pasay City, presided over by RTC JUDGE PORFIRIO G.
DRUGS, CARNAPPING AND OTHER HEINOUS CRIMES UNDER R. A. MACARAEG
NO. 7659. 15. Branch 114, Pasay City, presided over by RTC JUDGE VICENTE L.
YAP
16. Branch 116, Pasay City, presided over by RTC JUDGE ALFREDO J.
Pursuant to Sec. 23 of Batas Pambansa Blg. 129, in the interest of speedy GUSTILLO
and efficient administration of justice and subject to the guidelines hereinafter
set forth, the following Regional Trial court branches are hereby designated KALOOKAN CITY [3 Branches]
to exclusively try and decide cases of kidnapping and/or kidnapping for 17. Branch 127, Kalookan City, presided over by RTC JUDGE MYRNA D.
ransom, robbery in band, robbery committed against a banking or financial VIDAL
institution, violation of the Dangerous Drugs Act of 1972, as amended, 18. Branch 128, Kalookan City, presided over by RTC JUDGE SILVESTRE
violation of the Anti-Carnapping Act of 1972, a amended, and other heinous H. BELLO, JR.
crimes defined and penalized under Rep. Act No. 7659, committed within 19. Branch 129, Kalookan City, presided over by RTC JUDGE BAYANI S.
their respective territorial jurisdictions RIVERA
MANILA [6 Branches] MAKATI CITY [4 Branches]
1. Branch 11, Manila, presided over by RTC JUDGE ROBERTO A. 20. Branch 62, Makati City, presided over by RTC JUDGE ROBERTO C.
BARRIOS DIOKNO
2. Branch 18, Manila, presided over by RTC JUDGE PERFECTO A.S. 21. Branch 66, Makati City, presided over by RTC JUDGE ERIBERTO U.
LAGUIO, JR. ROSARIO
3. Branch 27, Manila, presided over by RTC JUDGE EDGARDO P. CRUZ 22. Branch 138, Makati City, presided over by RTC JUDGE SIXTO C.
4. Branch 41, Manila, presided over by RTC JUDGE RODOLFO A. MARELLA
PONFERRADA 23. Branch 143, Makati City, presided over by JUDGE DENNIS M. VILLA-
5. Branch 11, Manila, presided over by RTC JUDGE MAXIMO A. IGNACIO
SAVELLANO, JR.
6. Branch 11, Manila, presided over by RTC JUDGE MANUEL T. MURO PASIG CITY [5 Branches]
24. Branch 156, Pasig City, presided over by RTC JUDGE MARTIN S.
QUEZON CITY [6 Branches] VILLARAMA, JR.
7. Branch 76, Quezon City, presided over by RTC JUDGE MONINA A. 25. Branch 163, Pasig City, presided over by RTC JUDGE AURELIO C.
ZENAROSA TRAMPE
8. Branch 86, Quezon City, presided over by RTC JUDGE TEODORO A. 26. Branch 166, Pasig City, presided over by RTC JUDGE JESUS
BAY BERSAMINA
9. Branch 95, Quezon City, presided over by RTC JUDGE DIOSDADO M. 27. Branch 262, Pasig City, presided over by RTC JUDGE GREGORY S.
PERALTA ONG
10. Branch 102, Quezon City, presided over by RTC JUDGE PERLITA TRIA- 28. Branch 265, Pasig City, presided over by RTC JUDGE EDWIN A.
TIRONA VILLASOR
11. Branch 103, Quezon City, presided over by RTC JUDGE JAIME N. MALABON [2 Branches]
SALAZAR, JR. 29. Br. 72, Malabon, presided over by RTC JUDGE BENJAMIN A. AQUINO,
12. Branch 219, Quezon City, presided over by RTC JUDGE JOSE C. JR.
MENDOZA 30. Br. 170, Malabon, presided over by RTC JUDGE BENJAMIN T.
ANTONIO
63
 JURISDICTION | CRIMINAL PROCEDURE

MARIKINA [1 Branch] ILOILO CITY [2 Branches]
31. Br. 272, Marikina, presided over by RTC JUDGE REUBEN P. DE LA 43. Br. 23, Iloilo City, presided over by RTC JUDGE TITO G. GUSTILLO
CRUZ 44. Br. 35, Iloilo City, presided over by RTC JUDGE SEVERINO C.
AGUILAR
PARANAQUE [1 Branch]
32. Br. 259, Paranaque, presided over by RTC JUDGE ZOSIMO V. BACOLOD CITY [3 Branches]
ESCANO 45. Br. 42, Bacolod City, presided over by RTC JUDGE BERNARDO T.
PONFERRADA
LAS PIÑAS [1 Branch] 46. Br. 44, Bacolod City, presided over by RTC JUDGE ANASTACIO I.
33. Br. 275, Las Piñas, presided over by RTC JUDGE BONIFACIO SANZ LOBATON
MACEDA 47. Br. 47, Bacolod City, presided over by RTC JUDGE EDGAR G.
MUNTINLUPA CITY [1 Branch] GARVILLES
34. Br. 276, Muntinlupa City, presided over by RTC JUDGE NORMA C.
PERELLO CEBU CITY [3 Branches]
VALENZUELA [1 Branch] 48. Br. 24, Cebu City, presided over by RTC JUDGE PRISCILA S. AGANA
35. Br. 171, Valenzuela, presided over by RTC JUDGE ADRIANO R. 49. Br. 14, Cebu City, presided over by RTC JUDGE RENATO C.
OSORIO DACUDAO
50. Br. 18, Br. 18, Cebu City, presided over by RTC JUDGE GALICANO C.
BAGUIO CITY [1 Branch] ARRIESGADO
36. Br. 6, Baguio City, presided over by RTC JUDGE RUBEN C. AYSON
TACLOBAN CITY [1 Branch]
CABANATUAN CITY [1 Branch] 51. Br. 6, Tacloban City, presided over by RTC JUDGE GETULIO M.
37. Br. 27, Cabanatuan City, presided over by RTC JUDGE FELICIANO V. FRANCISCO
BUENAVENTURA
CAGAYAN DE ORO CITY [3 Branches]
OLONGAPO CITY [1 Branch] 52. Br. 25, Cagayan de Oro City, presided over by RTC JUDGE NOLI T.
38. Br. 75, Olongapo City, presided over by RTC JUDGE LEOPOLDO T. CATLI
CALDRERON, JR. 53. Br. 18, Cagayan de Oro City, presided over by RTC JUDGE NAZARU U.
CHAVEZ
PUERTO PRINCESA CITY [1 Branch] 54. Br. 19, Cagayan de Oro City, presided over by RTC JUDGE ANTHONY
39. Br. 52, Puerto Princesa City, presided over by RTC JUDGE FILOMENO E. SANTOS
A. VERGARA
DAVAO CITY [2 Branches]
LEGASPI CITY [1 Branch] 55. Br. 15, Davao City, presided over by RTC JUDGE JESUS R. QUINTAIN
40. Br. 3, Legaspi City, presided over by RTC JUDGE WENCESLAO R. 56. Br. 17, Davao City, presided over by RTC JUDGE RENATO A.
VILLANUEVA, JR. FUENTES

AKLAN [1 Branch] When the offense is committed outside the territorial jurisdiction of these
41. Br. 3, Kalibo, presided over by RTC JUDGE SHEILA M. CORTEZ courts, a party may immediately petition the Supreme Court for change of
ROXAS CITY [1 Branch] venue if it is desired that these cases be tried in these courts.
42. Br. 19, Roxas City, presided over by RTC JUDGE SERGIO L.
PESTAÑO
64
 JURISDICTION | CRIMINAL PROCEDURE

The following guidelines shall be observed:

[1] These cases shall undergo mandatory continous trial but shall be
terminated within sixty (60) days from initial trial. Judgment thereon shall be
rendered within thirty (30) days from the time the case is submitted for
decision, unless a shorter period is otherwise provided by law.

No postponement or continuance shall be allowed except for clearly

meritorious reasons. The filing of motions or pleadings for dilatory purposes
shall constitute direct contempt and shall be accordingly penalized.

[2] All cases covered by this Order where trial has already commenced, shall
continue to be heard by the branches to which these were originally
assigned.

[3] The Executive Judges concerned shall exclude the designated Special
Criminal Courts from the raffle of other civil and criminal cases whenever in
their judgment the caseload of these courts shall prevent them from
conducting daily trials of the special cases herein specified.

The branches thus designated shall continue to perform the functions of

Special Criminal Courts even after the retirement, transfer, or detail of the
incumbent judges herein named. Their successors, whether permanent or
temporary, shall act as Presiding Judges of these special courts unless the
Court directs otherwise.

This Order amends and supersedes Administrative Order No. 173-94 dated
18 September 1994.

This Order shall take effect immediately.

65

1987 PHILIPPINE CONSTITUTION
BILL OF RIGHTS
Section 1. No person shall be deprived of life, liberty, or property without due
process of law, nor shall any person be denied the equal protection of the
laws.
Section 2. The right of the people to be secure in their persons, houses,
papers, and effects against unreasonable searches and seizures of whatever
nature and for any purpose shall be inviolable, and no search warrant or
warrant of arrest shall issue except upon probable cause to be determined
personally by the judge after examination under oath or affirmation of the
complainant and the witnesses he may produce, and particularly describing
the place to be searched and the persons or things to be seized.
Section 3. (1) The privacy of communication and correspondence shall be
inviolable except upon lawful order of the court, or when public safety or
order requires otherwise, as prescribed by law.
(2) Any evidence obtained in violation of this or the preceding section shall
be inadmissible for any purpose in any proceeding.
Section 4. No law shall be passed abridging the freedom of speech, of
expression, or of the press, or the right of the people peaceably to assemble
and petition the government for redress of grievances.
Section 5. No law shall be made respecting an establishment of religion, or
prohibiting the free exercise thereof. The free exercise and enjoyment of
religious profession and worship, without discrimination or preference, shall
forever be allowed. No religious test shall be required for the exercise of civil
or political rights.
Section 6. The liberty of abode and of changing the same within the limits
prescribed by law shall not be impaired except upon lawful order of the court.
Neither shall the right to travel be impaired except in the interest of national
security, public safety, or public health, as may be provided by law.
Section 7. The right of the people to information on matters of public concern
shall be recognized. Access to official records, and to documents and papers
pertaining to official acts, transactions, or decisions, as well as to government
SUBSTANTIVE RIGHTS | CRIMINAL PROCEDURE
research data used as basis for policy development, shall be afforded the
citizen, subject to such limitations as may be provided by law.
Section 8. The right of the people, including those employed in the public and
private sectors, to form unions, associations, or societies for purposes not
contrary to law shall not be abridged.
Section 9. Private property shall not be taken for public use without just
compensation.
Section 10. No law impairing the obligation of contracts shall be passed.
Section 11. Free access to the courts and quasi-judicial bodies and adequate
legal assistance shall not be denied to any person by reason of poverty.
Section 12. (1) Any person under investigation for the commission of an
offense shall have the right to be informed of his right to remain silent and to
have competent and independent counsel preferably of his own choice. If the
person cannot afford the services of counsel, he must be provided with one.
These rights cannot be waived except in writing and in the presence of
counsel.
(2) No torture, force, violence, threat, intimidation, or any other means which
vitiate the free will shall be used against him. Secret detention places,
solitary, incommunicado, or other similar forms of detention are prohibited.
(3) Any confession or admission obtained in violation of this or Section 17
hereof shall be inadmissible in evidence against him.
(4) The law shall provide for penal and civil sanctions for violations of this
section as well as compensation to and rehabilitation of victims of torture or
similar practices, and their families.
Section 13. All persons, except those charged with offenses punishable by
reclusion perpetua when evidence of guilt is strong, shall, before conviction,
be bailable by sufficient sureties, or be released on recognizance as may be
provided by law. The right to bail shall not be impaired even when the
privilege of the writ of habeas corpus is suspended. Excessive bail shall not
be required.
1
 SUBSTANTIVE RIGHTS | CRIMINAL PROCEDURE

Section 14. (1) No person shall be held to answer for a criminal offense Section 21. No person shall be twice put in jeopardy of punishment for the
without due process of law. same offense. If an act is punished by a law and an ordinance, conviction or
acquittal under either shall constitute a bar to another prosecution for the
(2) In all criminal prosecutions, the accused shall be presumed innocent until same act.
the contrary is proved, and shall enjoy the right to be heard by himself and
counsel, to be informed of the nature and cause of the accusation against Section 22. No ex post facto law or bill of attainder shall be enacted.
him, to have a speedy, impartial, and public trial, to meet the witnesses face
to face, and to have compulsory process to secure the attendance of
witnesses and the production of evidence in his behalf. However, after
arraignment, trial may proceed notwithstanding the absence of the accused
provided that he has been duly notified and his failure to appear is
unjustifiable.

Section 15. The privilege of the writ of habeas corpus shall not be suspended
except in cases of invasion or rebellion when the public safety requires it.

Section 16. All persons shall have the right to a speedy disposition of their
cases before all judicial, quasi-judicial, or administrative bodies.

Section 17. No person shall be compelled to be a witness against himself.

Section 18. (1) No person shall be detained solely by reason of his political
beliefs and aspirations.

(2) No involuntary servitude in any form shall exist except as a punishment

for a crime whereof the party shall have been duly convicted.

Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or
inhuman punishment inflicted. Neither shall the death penalty be imposed,
unless, for compelling reasons involving heinous crimes, the Congress
hereafter provides for it. Any death penalty already imposed shall be reduced
to reclusion perpetua.

(2) The employment of physical, psychological, or degrading punishment

against any prisoner or detainee or the use of substandard or inadequate
penal facilities under subhuman conditions shall be dealt with by law.

Section 20. No person shall be imprisoned for debt or non-payment of a poll

tax.

2
 SUBSTANTIVE RIGHTS | CRIMINAL PROCEDURE

ART. VII, SEC.5, 1987 PHILIPPINE CONSTITUTION rights. Rules of procedure of special courts and quasi-judicial bodies shall
POWERS OF THE SUPREME COURT remain effective unless disapproved by the Supreme Court.

The Supreme Court shall have the following powers: (6) Appoint all officials and employees of the Judiciary in accordance with
the Civil Service Law.
(1) Exercise original jurisdiction over cases affecting ambassadors, other
public ministers and consuls, and over petitions for certiorari,
prohibition, mandamus, quo warranto, and habeas corpus.

(2) Review, revise, reverse, modify, or affirm on appeal or certiorari, as the

law or the Rules of Court may provide, final judgments and orders of lower
courts in:

(a) All cases in which the constitutionality or validity of any treaty,

international or executive agreement, law, presidential decree, proclamation,
order, instruction, ordinance, or regulation is in question.

(b) All cases involving the legality of any tax, impost, assessment, or toll, or
any penalty imposed in relation thereto.

(c) All cases in which the jurisdiction of any lower court is in issue.

(d) All criminal cases in which the penalty imposed is reclusion perpetua or
higher.

(e) All cases in which only an error or question of law is involved.

(3) Assign temporarily judges of lower courts to other stations as public

interest may require. Such temporary assignment shall not exceed six
months without the consent of the judge concerned.

(4) Order a change of venue or place of trial to avoid a miscarriage of justice.

(5) Promulgate rules concerning the protection and enforcement of

constitutional rights, pleading, practice, and procedure in all courts, the
admission to the practice of law, the integrated bar, and legal assistance to
the underprivileged. Such rules shall provide a simplified and inexpensive
procedure for the speedy disposition of cases, shall be uniform for all courts
of the same grade, and shall not diminish, increase, or modify substantive

3
 SUBSTANTIVE RIGHTS | CRIMINAL PROCEDURE

RULE 115 (i) To appeal in all cases allowed and in the manner prescribed by law. (1a)
RULES ON CRIMINAL PROCEDURE

Section 1. Rights of accused at the trial. — In all criminal prosecutions, the

accused shall be entitled to the following rights:

(a) To be presumed innocent until the contrary is proved beyond reasonable

doubt.

(b) To be informed of the nature and cause of the accusation against him.

(c) To be present and defend in person and by counsel at every stage of the
proceedings, from arraignment to promulgation of the judgment. The
accused may, however, waive his presence at the trial pursuant to the
stipulations set forth in his bail, unless his presence is specifically ordered by
the court for purposes of identification.

The absence of the accused without justifiable cause at the trial of which he
had notice shall be considered a waiver of his right to be present thereat.
When an accused under custody escapes, he shall be deemed to have
waived his right to be present on all subsequent trial dates until custody over
him is regained. Upon motion, the accused may be allowed to defend himself
in person when it sufficiently appears to the court that he can properly protect
his right without the assistance of counsel.

(d) To testify as a witness in his own behalf but subject to cross-examination

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

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

(f) To confront and cross-examine the witnesses against him at the trial.
Either party may utilize as part of its evidence the testimony of a witness who
is deceased, out of or can not with due diligence be found in the Philippines,
unavailable or otherwise unable to testify, given in another case or
proceeding, judicial or administrative, involving the same parties and subject
matter, the adverse party having the opportunity to cross-examine him.

(g) To have compulsory process issued to secure the attendance of

witnesses and production of other evidence in his behalf.

(h) To have speedy, impartial and public trial.

4

Republic Act No. 7438 April 27, 1992
AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED,
DETAINED OR UNDER CUSTODIAL INVESTIGATION AS WELL AS THE
DUTIES OF THE ARRESTING, DETAINING AND INVESTIGATING
OFFICERS, AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF
Be it enacted by the Senate and House of Representatives of the Philippines
in Congress assembled::
Section 1. Statement of Policy. – It is the policy of the Senate to value the
dignity of every human being and guarantee full respect for human rights.
Section 2. Rights of Persons Arrested, Detained or Under Custodial
Investigation; Duties of Public Officers. –
(a) Any person arrested detained or under custodial investigation
shall at all times be assisted by counsel.
(b) Any public officer or employee, or anyone acting under his order
or his place, who arrests, detains or investigates any person for the
commission of an offense shall inform the latter, in a language known
to and understood by him, of his rights to remain silent and to have
competent and independent counsel, preferably of his own choice,
who shall at all times be allowed to confer privately with the person
arrested, detained or under custodial investigation. If such person
cannot afford the services of his own counsel, he must be provided
with a competent and independent counsel by the investigating
officer.lawphi1Ÿ
(c) The custodial investigation report shall be reduced to writing by
the investigating officer, provided that before such report is signed, or
thumbmarked if the person arrested or detained does not know how
to read and write, it shall be read and adequately explained to him by
his counsel or by the assisting counsel provided by the investigating
officer in the language or dialect known to such arrested or detained
person, otherwise, such investigation report shall be null and void
and of no effect whatsoever.
(d) Any extrajudicial confession made by a person arrested, detained
or under custodial investigation shall be in writing and signed by
SUBSTANTIVE RIGHTS | CRIMINAL PROCEDURE
such person in the presence of his counsel or in the latter's absence,
upon a valid waiver, and in the presence of any of the parents, elder
brothers and sisters, his spouse, the municipal mayor, the municipal
judge, district school supervisor, or priest or minister of the gospel as
chosen by him; otherwise, such extrajudicial confession shall be
inadmissible as evidence in any proceeding.
(e) Any waiver by a person arrested or detained under the provisions
of Article 125 of the Revised Penal Code, or under custodial
investigation, shall be in writing and signed by such person in the
presence of his counsel; otherwise the waiver shall be null and void
and of no effect.
(f) Any person arrested or detained or under custodial investigation
shall be allowed visits by or conferences with any member of his
immediate family, or any medical doctor or priest or religious minister
chosen by him or by any member of his immediate family or by his
counsel, or by any national non-governmental organization duly
accredited by the Commission on Human Rights of by any
international non-governmental organization duly accredited by the
Office of the President. The person's "immediate family" shall include
his or her spouse, fiancé or fiancée, parent or child, brother or sister,
grandparent or grandchild, uncle or aunt, nephew or niece, and
guardian or ward.
As used in this Act, "custodial investigation" shall include the practice of
issuing an "invitation" to a person who is investigated in connection with an
offense he is suspected to have committed, without prejudice to the liability of
the "inviting" officer for any violation of law.
Section 3. Assisting Counsel. – Assisting counsel is any lawyer, except
those directly affected by the case, those charged with conducting
preliminary investigation or those charged with the prosecution of crimes.
The assisting counsel other than the government lawyers shall be entitled to
the following fees;
(a) The amount of One hundred fifty pesos (P150.00) if the
suspected person is chargeable with light felonies;lawphi1©alf
5
 SUBSTANTIVE RIGHTS | CRIMINAL PROCEDURE

(b) The amount of Two hundred fifty pesos (P250.00) if the years nor more than six (6) years, and a fine of four thousand pesos
suspected person is chargeable with less grave or grave felonies; (P4,000.00).lawphi1©

(c) The amount of Three hundred fifty pesos (P350.00) if the The provisions of the above Section notwithstanding, any security officer with
suspected person is chargeable with a capital offense. custodial responsibility over any detainee or prisoner may undertake such
reasonable measures as may be necessary to secure his safety and prevent
The fee for the assisting counsel shall be paid by the city or his escape.
municipality where the custodial investigation is conducted, provided
that if the municipality of city cannot pay such fee, the province Section 5. Repealing Clause. – Republic Act No. No. 857, as amended, is
comprising such municipality or city shall pay the fee: Provided, That hereby repealed. Other laws, presidential decrees, executive orders or rules
the Municipal or City Treasurer must certify that no funds are and regulations, or parts thereof inconsistent with the provisions of this Act
available to pay the fees of assisting counsel before the province are repealed or modified accordingly.
pays said fees.
Section 6. Effectivity. – This Act shall take effect fifteen (15) days following
In the absence of any lawyer, no custodial investigation shall be conducted its publication in the Official Gazette or in any daily newspapers of general
and the suspected person can only be detained by the investigating officer in circulation in the Philippines.
accordance with the provisions of Article 125 of the Revised Penal Code.
Approved: April 27, 1992.
Section 4. Penalty Clause. – (a) Any arresting public officer or employee, or
any investigating officer, who fails to inform any person arrested, detained or
under custodial investigation of his right to remain silent and to have
competent and independent counsel preferably of his own choice, shall suffer
a fine of Six thousand pesos (P6,000.00) or a penalty of imprisonment of not
less than eight (8) years but not more than ten (10) years, or both. The
penalty of perpetual absolute disqualification shall also be imposed upon the
investigating officer who has been previously convicted of a similar offense.

The same penalties shall be imposed upon a public officer or

employee, or anyone acting upon orders of such investigating officer
or in his place, who fails to provide a competent and independent
counsel to a person arrested, detained or under custodial
investigation for the commission of an offense if the latter cannot
afford the services of his own counsel.

(b) Any person who obstructs, prevents or prohibits any lawyer, any
member of the immediate family of a person arrested, detained or
under custodial investigation, or any medical doctor or priest or
religious minister chosen by him or by any member of his immediate
family or by his counsel, from visiting and conferring privately with
him, or from examining and treating him, or from ministering to his
spiritual needs, at any hour of the day or, in urgent cases, of the
night shall suffer the penalty of imprisonment of not less than four (4)
6
 SUBSTANTIVE RIGHTS | CRIMINAL PROCEDURE

DOJ- NPS MANUAL
PART XI, SEC. 1 and 2

7
 SUBSTANTIVE RIGHTS | CRIMINAL PROCEDURE

JUVENILE JUSTICE AND WELFARE ACT
SEC. 60 and 61

CHAPTER 2
PROHIBITED ACTS

SEC. 60. Prohibition Against Labeling and Shaming. - In the conduct of

the proceedings beginning from the initial contact with the child, the
competent authorities must refrain from branding or labeling children as
young criminals, juvenile delinquents, prostitutes or attaching to them in any
manner any other derogatory names. Likewise, no discriminatory remarks
and practices shall be allowed particularly with respect to the child's class or
ethnic origin.

SEC. 61. Other Prohibited Acts. - The following and any other similar acts
shall be considered prejudicial and detrimental to the psychological,
emotional, social, spiritual, moral and physical health and well-being of the
child in conflict with the law and therefore, prohibited:

(a) Employment of threats of whatever kind and nature;

(b) Employment of abusive, coercive and punitive measures such as

cursing, beating, stripping, and solitary confinement;

(c) Employment of degrading, inhuman end cruel forms of

punishment such as shaving the heads, pouring irritating, corrosive
or harmful substances over the body of the child in conflict with the
law, or forcing him/her to walk around the community wearing signs
which embarrass, humiliate, and degrade his/her personality and
dignity; and

(d) Compelling the child to perform involuntary servitude in any and

all forms under any and all instances

8
 DOJ INQUEST AND PRELIMINARY INVESTIGATION PROCEDURE | CRIMINAL PROCEDURE
DEPARTMENT CIRCULAR NO. 70
SUBJECT: 2000 NPS RULE ON APPEAL
In the interest of expeditious and efficient administration of justice and in line
with recent jurisprudence, the following Rule governing appeals from
resolutions of prosecutors in theNational Prosecution Service, to be known
as the 2000 NPS Rule on Appeal, is hereby adopted.
SECTION 1. Scope.
This Rule shall apply to appeals from resolutions of the Chief State
Prosecutor, Regional State Prosecutors and Provincial/City Prosecutors in
cases subject of
preliminary investigation/ reinvestigation.
SECTION 2. Where to appeal.
An appeal may be brought to the Secretary of Justice within the period and in
the manner herein provided.
SECTION 3. Period to appeal.
The appeal shall be taken within fifteen (15) days from receipt of the
resolution, or of the denial of the motion for reconsideration/reinvestigation if
one has been filed within fifteen (15) days from receipt of the assailed
resolution. Only one motion for reconsideration shall be allowed.
SECTION 4. How appeal taken.
An aggrieved party may appeal by filing a verified petition for review with the
Office of the Secretary, Department of Justice, and by furnishing copies
thereof to the adverse party and the Prosecution Office issuing the appealed
resolution.
SECTION 5. Contents of petition.
The petition shall contain or state:
(a) the names and addresses of the parties;
(b) the Investigation Slip number (I.S. No.) and criminal case number, if any,
and title of the case, including the offense charged in the complaint;
(c) the venue of the preliminary investigation;
(d) the specific material dates showing that it was filed on time; (e) a clear
and concise statement of the facts, the assignment of errors, and the
reasons or arguments relied upon for the allowance of the appeal; and
(f) proof of service of a copy of the petition to the adverse party and the
Prosecution Office concerned.
The petition shall be accompanied by legible duplicate original or certified
true copy of the resolution appealed from together with legible true copies of
the complaint, affidavits/sworn statements and other evidence submitted by
the parties during the preliminary investigation/ reinvestigation.
If an information has been filed in court pursuant to the appealed resolution,
a copy of the motion to defer proceedings filed in court must also accompany
the petition.
The investigating/reviewing/approving prosecutor shall not be impleaded as
party respondent in the petition. The party taking the appeal shall be referred
to in the petition as either "Complainant-Appellant" or "Respondent-
Appellant".
SECTION 6. Effect of failure to comply with requirements.
The failure of the petitioner to comply with any of the foregoing requirements
shall constitute sufficient ground for the
dismissal of the petition.
SECTION 7. Action on the petition.
The Secretary of Justice may dismiss the petition outright if he finds the
same to be patently without merit or manifestly intended for delay, or when
the issues raised therein are too unsubstantial to require consideration.
If an information has been filed in court pursuant to the appealed resolution,
the petition shall not be given due course if the accused had already been
arraigned. Any arraignment made after the filing of the petition shall not bar
the Secretary of Justice from exercising his power of review.
SECTION 8. Comment.
Within a non-extendible period of fifteen (15) days from receipt of a copy of
the petition, the adverse party may file a verified comment, indicating therein
the date of such receipt and submitting proof of service of his comment to the
petitioner and the Prosecution Office concerned. Except when directed by
the Secretary of Justice, the investigating/reviewing/approving prosecutor
need not submit any comment.
If no comment is filed within the prescribed period, the appeal shall be
resolved on the basis of the petition.
SECTION 9. Effect of the appeal.
Unless the Secretary of Justice directs otherwise, the appeal shall not hold
the filing of the corresponding information in court on the basis of the finding
of probable cause in the appealed resolution.
1
 DOJ INQUEST AND PRELIMINARY INVESTIGATION PROCEDURE | CRIMINAL PROCEDURE

The appellant and the trial prosecutor shall see to it that, pending resolution
of the appeal, the proceedings in court are held in abeyance.

SECTION 10. Withdrawal of appeal.

Notwithstanding the perfection of the appeal, the petitioner may withdraw the
same at any time before it is finally resolved, in which case the appealed
resolution shall stand as though no appeal has been taken.

SECTION 11. Reinvestigation.

If the Secretary of Justice finds it necessary to reinvestigate the case, the
reinvestigation shall be held by the investigating prosecutor, unless, for
compelling reasons, another prosecutor is designated to conduct the same.

SECTION 12. Disposition of the appeal.

The Secretary may reverse, affirm or modify the appealed resolution. He
may, motu proprio or upon motion, dismiss the petition for review on any of
the following grounds:

• That the petition was filed beyond the period prescribed in Section 3 hereof;
• That the procedure or any of the requirements herein provided has not
been complied with;
• That there is no showing of any reversible error;
• That the appealed resolution is interlocutory in nature, except when it
suspends the proceedings based on the alleged existence of a prejudicial
question;
• That the accused had already been arraigned when the appeal was taken;
• That the offense has already prescribed; and
• That other legal or factual grounds exist to warrant a dismissal.

SECTION 13. Motion for reconsideration.

The aggrieved party may file a motion for reconsideration within a non-
extendible period of ten (10) days from receipt of the resolution on appeal,
furnishing the adverse party and the Prosecution Office concerned with
copies thereof and submitting proof of such service. No second or further
motion for reconsideration shall be entertained.

SECTION 14. Repealing clause. This Circular supersedes Department

Order No. 223 dated June 30, 1993 and all other Department issuances
inconsistent herewith.

SECTION 15. Effectivity. This Circular shall be published once in two (2)
newspapers of general circulation, after which it shall take effect on
September 1, 2000.
2
 DOJ INQUEST AND PRELIMINARY INVESTIGATION PROCEDURE | CRIMINAL PROCEDURE
DOJ CIRCULAR NO. 61, 1993
EVIDENCE NEEDED FOR AN INQUEST PROCEEDINGS
SECTION 1. Concept.
Inquest is an informal and summary investigation con-ducted by a public
prosecutor in criminal cases involving persons arrested and detainedwithout
the benefit of a warrant of arrest issued by the court for the purpose of
deter-mining whether or not said persons should remain under custody
and correspondinglybe charged in court.
SEC. 2.Designationof Inquest Officers.
The City or Provincial Prosecutor shall designate the Prosecutors assigned
to inquest duties and shallfurnish the Philippine National Police (PNP) a
list oftheir names and their schedule of assignments. If, however, there is
only oneProsecutor in the area, all inquest cases shall be referred to him
for appropriate action.Unless otherwise directed by the City or Provincial
Prosecutor, thoseassigned to inquest dutiesshall discharge their functions
during the hours oftheir designated assignments and only at
thepolice stations/headquarters of the PNP in order to expedite and
facilitate the disposition of inquest cases.
SEC. 3. Commencement and Termination of Inquest.
The inquest proceedings shall be considered commenced upon receipt by
the Inquest Officer from the law enforcement authorities of the
complaint/referral documents which should include:
a. the affidavit of arrest;
b. the investigation report;
c. the statement of the complainant and witnesses; and other supporting
evidence gathered by the police in the course of the
latter’sinvestigation of the criminal incident involving the arrested or
detained person.
The inquest Officer shall, as far as practicable, cause the affidavit
of arrest andstatements/affidavits of the complainant and the witnesses to
be subscribed and swornto before him by the arresting officer and the
affiants.
The inquest proceedings must be terminated within the period
prescribed underthe provisions of Article 125 of the Revised Penal Code,
as amended. *
SEC. 4. Particular Documents Required in Specific Cases
The submission, presentation of the documents listed herein below should as
far as practicable, be required in the following cases by the Inquest Officer.
Violation of the Anti-Fencing Law (PD 1612)
a. S list/inventory of the articles and items subject of the offense; and
b. Statement of their respective value
Illegal Possession of Explosives (PD 1866)
a. Chemistry report duly signed by the forensic chemist and
b. Photograph of the explosives, if readily available.
Violation of the Fisheries Law (PD 704)(now RA 8550)
a. Photograph of the confiscated fish, if readily available; and
b. Certification of the Bureau of Fisheries and Aquatic Resources
Violation of the Forestry Law (PD 705)
a. Scale sheets containing the volume andspecies of the forest
products confiscated, number of pieces and other important details such
as estimated value of theproducts confiscated;
b. Certification of Department of Environment and Natural
Resources/Bureau ofForest Management; and
c. Seizure receipt.
The submission of the foregoing documents shall no absolutely be
required if thereare other forms of evidence submitted which will
sufficiently establish the facts soughtto be proved by the foregoing
documents.
SEC. 5.Incomplete documents.
When the documents presented are not complete to establish probable
cause, the Inquest Officer shall direct the law enforcementagency to
submit the required evidence within the period prescribed under the
provisions of Article 125 of the Revised Penal Code, as amended;
otherwise, the Inquest Officer shall order the release of the detained
person and, where the inquest is conductedoutside of office hours,
direct the law enforcement agency concerned to file the case withthe City
or Provincial Prosecutor for appropriate action.
SEC. 6. Presence of the detained person.
The presence of the detained personwho is under custody shall be
ensured during the proceedings. However, the production of the detained
person before the Inquest Officer may bedispensed with in the following
cases:
3
 DOJ INQUEST AND PRELIMINARY INVESTIGATION PROCEDURE | CRIMINAL PROCEDURE
a. If he is confined in a hospital;
b. If he is detained in a place under maximum security;
c. If production of the detained person involve security risks; or
d. If the presence of the detained person is not feasible by reason of age,
health,sex and other similar factors.
The absence of the detained person by reason of any of the foregoing
factors mustbe noted by the Inquest Officer and reflected in the record of the
case.
SEC. 7. Charges and counter-charges.
All charges and counter-charges arisingfrom the same incident shall, as far
as practicable, be consolidated and inquested jointly to avoid contradictory or
inconsistent dispositions.
SEC. 8. Initial duty of the inquest officer
The Inquest Officer must first deter-mine if the arrest of the detained
person was made in accordance with the provisions ofparagraphs (a) and
(b) of Section 5, Rule 113 of the 1985 Rules on Criminal Procedure,as
amended, which provide that arrests without a warrant may be effected:
a. when, inthe presence of the arresting officer, the person to be arrested
hascommitted, is actually committing, or is attempting to commit an offense;
or
b. when an offense has in fact just been committed, and the arresting officer
haspersonal knowledge of factsindicating that the person to be arrested
has committed it.
For this purpose, the Inquest Officer may summarily examine the
arresting officers on the circumstances surrounding the arrest or
apprehension of the detained per-son.
SEC. 9. Where arrest not properly effected.—Should the Inquest
Officer find thatthe arrest was not made in accordance with the Rules, he
shall:
a. recommend the release of the person arrested or detained;
b. note down the disposition of the referral document;c. prepare a brief
memorandum indicating the reasons for the action taken; andd. forward the
same, together with the record of the case, to the City or Provincial
Prosecutor for appropriate action.
Where the recommendation for the release of the detained person is
approved bythe City or Provincial Prosecutor but the evidence on hand
warrant the conduct of aregular preliminary investigation, the order of
release shall be served on the officerhaving custody of said detainee and
shall direct the said officer to serve upon the detainee the subpoena or notice
of preliminary investigation, together with the copies ofthe charge sheet
or complaint, affidavits or sworn statements of the complainant andhis
witnesses and other supporting evidence.
SEC. 10. Where the arrest property effected.
Should the Inquest Officer findthat the arrest was properly effected, the
detained person should be asked if he desiresto avail himself of a
preliminary investigation, if he does, he shall be made to execute
awaiver of the provisions of Article 125 of the Revised Penal Code, as
amended, with theassistance of a lawyer and, in case of non-availability of a
lawyer, a responsible personof his choice.
The preliminary investigation may be conducted by the Inquest Officerhimself
or by any other Assistant Prosecutor to whom the case may be assigned
by theCity or Provincial Prosecutor, which investigation shall be
terminated within fifteen(15) days from its inception.
SEC. 11.Inquest proper.
Where the detained person does not opt for a preliminary
investigation or otherwise refuses to execute the required waiver, the
Inquest Officer shall proceed with the inquest by examining the sworn
statements/affidavits ofthe complainant and the witnesses and other
supporting evidence submitted to him.
If necessary, the Inquest Officer may require the presence of the
complainant andwitnesses and subject them to an informal and summary
investigation or examination for purposes of determining the existence
of probable cause.
SEC. 12. Meaning of probable cause.
Probable cause exists when the evidencesubmitted to the Inquest Officer
engenders a well-founded belief that a crime has beencommitted and that
the arrested or detained person is probably guilty thereof.
SEC. 13. Presence of probable cause.
If the Inquest Officer finds that probable cause exists, he shall forthwith
prepare the corresponding complaint/information withthe recommendation
that the same be filed in court.
The complaint/information shall indicate the offense committed and the
amount of bail recommended, if bailable. Thereafter, the record of the case,
together with the prepared com-plaint/information, shall be forwarded to the
4
 DOJ INQUEST AND PRELIMINARY INVESTIGATION PROCEDURE | CRIMINAL PROCEDURE
City or Provincial Prosecutor for appropriate action. The
complaint/information may be filed by the Inquest Officer himself or by
anyother Assistant Prosecutor to whom the case may be assigned by
the City or ProvincialProsecutor.
SEC. 14.Contents of information.
The information shall, among others, contain:
a. A certification by the filing Prosecutor that he is filingthe same in
accordancewith the provisions of Section 7, Rule 112 of the 1985 Rules on
Criminal Procedure, asamended, in cases cognizable by the Regional Trial
Court;
b. The full name and alias, if any, and address of the accused;
c. The place where the accused is actually detained;
d. The full names and addresses of the complainant and witnesses;
e. A detailed description of the recovered item, if any;
f. The full name and address of the evidence custodian;
g. The age and date of birth of the complainant or the accused, if eighteen
(19)years of age or below; and
h. The full names and addresses of the parents, custodians or
guardians of theminor complainant or accused, as the case may be.
SEC. 15.Absence of probable cause.
If the Inquest Officer finds no probablecause, he shall:
a. Recommend the release of the arrested or detained person;
b. Note down his disposition on the referral document;
c. Prepare a brief memorandum indicating the reasons for the action taken;
and
d. Forthwith forward the record of the case to the City or Provincial
Prosecutor forappropriate action.
Whenever a dead body is found and thereis reason to believe that the death
resulted from foul play, or from the unlawful acts oromissions of other
persons and such fact has been brought to his attention, the Inquest Officer
shall:
a. Forthwith proceed to the crime scene or place of discovery of the dead
person;
b. Cause an immediate autopsy to be conducted by the appropriate medico-
legalofficer in the locality or the PNP medico-legal division or the NBI
medico-legal office, as the case may be;
c. Direct the police investigator to cause the taking of photographs of the
crime scene or place of discovery of the dead body;
d. Supervise the investigation to be conducted by the police authorities
as well asthe recovery of all articles and pieces of evidence found thereat
and see to it that thesame are safeguarded and the chain of the custody
thereof properly recorded; and
e. Submit a written report of his finding to the City or Provincial
Prosecutor forappropriate action.
SEC. 17. Sandiganbayan cases
Should any complaint cognizable by the Sandiganbayan be referred to
an Inquest Officer for investigation, the latter shall, after
conducting the corresponding inquest proceeding, forthwith forward the
complete record to the City or Provincial Prosecutor for appropriate action.

If the recommendation of the Inquest Officer for the release of the arrested or
detained person is approved, the order of release shall be served on the
officer having custody ofthe said detainee.

Should the City or Provincial Prosecutor disapprove the recommendation of

release, the arrested or detained person shall remain under custody, and
the correspond-ing complaint/information shall be filed by the City or
Provincial Prosecutor or by any Assistant Prosecutor to whom the case
may be assigned.

SEC. 16.Presence at the crime scene.

5
 DOJ INQUEST AND PRELIMINARY INVESTIGATION PROCEDURE | CRIMINAL PROCEDURE

The Committee was assisted in its work by former Rizal Provincial
DEPARTMENT OF JUSTICE Prosecutor Mauro M. Castro and Deputy Ombudsman for Luzon Jesus F.
National Prosecution Service Guerrero both of whom contributed valuable and refined insights into the
MANUAL FOR PROSECUTORS work of a prosecutor.

In this regard, I wish to acknowledge the rote of Rizal Provincial Prosecutor
FOREWORD
Gregono A. Arizala and his team in putting the Manual in its final form and
State Prosecutor II Teresita R. Domingo for taking pains in reading the
There is a need maintain the level of competence of our prosecutors to
manuscript.
enable them to creditably perform their delicate tasks of prosecuting the
guilty and protecting the innocent.
RAMON J. LIWAG
This Manual partly answers this need.
Undersecretary
Chairman, Committee created under
A compilation of pertinent provisions of the Rules on Criminal Procedure,
Department Order No.153, series of 1996
Department of Justice issuances and decisions of the Supreme Court, this
work will be a useful teaching guide for those who ~~ire to be prosecutors
NOTE
and a handy reference book for the prosecutors in the field.
THIS MANUAL IS DESIGNED TO BE REVISED AND UPDATED AS THE
We expect this Manual to be enriched and improved through use. ()~'3rcls
NEED ARISES.
this end any suggestions for its improvement will )C highly appreciated.
WHEN CHANGES OCCUR IN THE RELEVANT LAW, ISSUANCE OR
Doubtless, this Manual will help elevate the quality of prosecutorial ~ and
JURISPRUDENCE ,THESE CHANGES WILL BE FORWARDED TO YOU IN
answer the clamor ~i; our people for fast and efficient justice.
THE FORM OF NEW LOOSE LEAF PAGES.

FILE THESE NEW PAGES AS SOON AS POSSIBLE TO KEEP YOUR

TEOFISTO GUINGONA, JR
MANUAL CURRENT AND COMPLETE.
Secretary

ACKNOWLEDGEMENT

This manual was put together by a Committee created by Secretary of

Justice Teofisto T. Guingona, Jr. under Department of Justice Order No.153
dated 28 May 1996. The Body is headed by Assistant Chief State Prosecutor
Francisco L. Santos and the following as members: then Assistant Chief
State Prosecutor and now Chief State Prosecutor Jovencito R. Zuno,
Assistant Chief State Prosecutors Nib C. Mariano and Apolinario G. Exevea,
Regional State Prosecutor Claro A. Arellano, Quezon City Prosecutor
Candido F. Rivera, Pasig City Prosecutor Antonio L. Liorente,Laguna
Provincial Prosecutor George C. Dee and Rizal 2nd Assistant Provincial
Fiscal Apolinario D. Brusel as, Jr.

6
 DOJ INQUEST AND PRELIMINARY INVESTIGATION PROCEDURE | CRIMINAL PROCEDURE
RULES ON PROCEDURE IN THE INVESTIGATION, PROSECUTION AND TRIAL OF
CRIMINAL CASES
PART I. PROSECUTION OF OFFENSES
SEC. 1 Criminal action. - A criminal action is one by which the state
1
prosecutes a person for an act or omission punishable by law.
SEC. 2. How and where commenced. - A criminal action is commenced by
the filing of a complaint with the City/Provincial Prosecution Office or with the
Municipal Trial Court or Municipal Circuit Trial Court. However, a criminal
action for an offense committed within Metro Manila, may be commenced
only by the filing of the complaint with the Prosecutor's Office.
3
whom or against whose property the crime was committed.
SEC. 5. Information. - An information is the accusation in writing charging a
person with an offense, subscribed by the prosecutor, and filed with the
court. The information need not be placed under oath by the prosecutor
signing the same. The prosecutor must, however, certify under oath that -
a) he has examined the complainant and his witnesses;
b) there is reasonable ground to believe that a crime has been
committed and that the accused is probably guilty thereof;
c) the accused was informed of the complaint and of the evidence
submitted against him; and
d) the accused was given an opportunity to submit controverting
4
evidence.

SEC. 3. Complaint. - A complaint is a sworn written statement charging a SEC. 6. Sufficiency of complaint or information. - A complaint or information
person with an offense and subscribed by the offended party, any peace tshall be considered sufficient if it states -
2
officer or public officer charged with the enforcement of the law violated.
To discourage the filing of harassment charges, the prosecutor shall a) the name of the accused;
warn the complainant that any false statement in the complaint may give rise b) the designation of the offense committed;
to a finding of a prima facie case for perjury before the same office. c) the act or omission complained of;
d) the name of the offended party;
SEC. 4. Offended party, defined. - The offended party is the person against e) the approximate time of the commission of the offense; and
5
f) the place where the offense was committed.

1 Sec. 3 (b), Rule 1, 1997 Rules of Civil Procedure. SEC. 7. Other essential matters to be alleged in complaint or information. -
The following shall also be alleged in a complaint or information:
2 Sec. 3, Rule 110, Rules on Criminal Procedure; Example of public officer charged with the
enforcement of the law violated: Bureau of Customs officials for violation of the customs law;
a) every essential element O{ the offense;
Bureau of Forest Development officials for violation of forestry laws; chief of police of a
b) the criminal intent of the accused and its relation to the act or
municipality for violation of a municipal ordinance which constitutes a criminal offense.
The sworn complaint referred to usually refers to a complaint filed in court and not in the omission complained of;
prosecutor's office. It is not necessary to file a sworn complaint with the prosecutor before the c) all qualifying and generic aggravating circumstances which are
latter can conduct a preliminary investigation. A mere unsworn letter suffices to start an integral pans of the offense;
investigation, except if the offense charged is one which cannot be prosecuted de oficio or is d) all matters that are essential to the constitution of the offense,
private in nature i.e., where the law requires that it be started by a complaint sworn to by the such as the ownership and/or value of the property robbed or
offended party. destroyed; the particular knowledge to establish culpable intent;
In a case involving a private offense, the phrase "complaint filed by the offended party" as or the particular intention that characterizes the offense;
used in Section 5, Rule 110 should be given a liberal or loose interpretation, meaning a e) age of the minor accused, and whenever applicable, the fact that
"charge, allegation, grievance or accusation" rather than a strict construction for often than not he acted with discernment; and
the offended party who files it is unschooled in law The purpose of the complaint in Section 5,
Rule 110, is merely to initiate or commence the prosecution of the accused. Thus, the 3 Sec. 12, par. 1, Rules on Criminal Procedure
"Sinumpaang Salaysay" of the victim of a private offense is already deemed a complaint" 4 Sec. 4, Rule 112, ibid.
required in the aforesaid Sec. 5. (People vs. Sangil, 208 SCRA 696 [1992]). 5 Sec. 6, Rule 110, ibid.

7
 DOJ INQUEST AND PRELIMINARY INVESTIGATION PROCEDURE | CRIMINAL PROCEDURE
f) age of the minor complainant, when age is material.
SEC. 8. Additional contents of a complaint - In addition to the matters
listed above, a complaint or information shall contain a certification that the
recitals therein are true and correct and not in the nature of a countercharge
to avoid conflict in the appreciation of the facts and evidence.
SEC. 9. Name of accused. - The complaint or information shall state the
name and surname of the accused, if known, or any appellation or nickname
by which he -has been or is known. If his name is not known, the accused
shall be mentioned under a fictitious name such as "John Doe'1 or "Jane
Doe."
SEC. 10. Designation of offense. - To properly inform the accused of the
nature and cause of the accusation against him, the complaint or information
shall state, whenever possible, -
a) the designation given to the offense by the statute;
b) the statement of the act or omission constituting the same, and if there is
no such designation, reference shall be made to the section or
6
subsection of the law punishing it.
SEC. 11. Cause of accusation. - The act or omission complained of as
constituting the offense shall be stated in an ordinary and concise language
without repetition. The statement need not use the terms of the statute
defining the offense so long as a person of common understanding is able to
know what offense was intended to be charged and to enable the court to
pronounce proper judgment.
7 physician with specific reference to the medical report and date of the
SEC. 12. Place of the commission of offense. - The complaint or
information is sufficient if it states that the crime charged was committed or
some of the ingredients thereof occurred at some place within the jurisdiction
of the court, unless the particular place in which the crime was committed is
an essential element of the crime e.g. in a prosecution for violation of the
provision of the Election Code which punishes the carrying of a deadly
weapon in a t'polling place ", or if it is necessary to identify the offense
charged e.g., the domicile in the offense of "violation of domicile."
8
6 Sec. 8, ibid.
7 Sec. 9, ibid.
8 Sec. 10, ibid.
SEC. 13. Time of commission of offense. - The precise time of the
commission of the offense shall be stated in the complaint or information if
time is a material ingredient of the offense e.g. ,treason, infanticide.
Otherwise, it is sufficient that it be alleged that the offense was committed at
9
any time as near to the actual date at which the offense was committed.
SEC. 14. Title of complaint or information. - The title of the complaint or
information shall be in the name of the "People of the Philippines" as Plaintiff
10
against all persons who appear to be responsible for the offense involved.
SEC. 15. Contents of caption of an information. - The caption of an
information shall, in addition to the name of the Plaintiff, indicate the
following:
a) the complete names i.e., given name, maternal name, surname, and
addresses, of all the accused. In the case of accused minors, their age
shall be indicated in the caption;
b) the case number; and
c) the offense charged. The denomination of the offense and the specific
law and provision violated shall be specified.
SEC. 16. List of prosecution witnesses. - The information shall contain the
complete names and addresses of all identified witnesses for the
prosecution. In cases for violation of B. P. Blg. 22 and estafa cases, the list of
witnesses shall include the complainant, the bank representative with specific
reference to the check and account numbers involved and in the proper
cases, the company auditor; and in physical injuries cases, the attending
incident.
SEC. 17. Number of offenses charged. - A complaint or information shall
charge only one offense so as not to confuse the accused in his defense,
except in those cases in which existing laws prescribe a single punishment
for various offenses, e.g., complex crimes under Article 48 of the Revised
11
Penal Code.
9 9.Sec. 11, ibid. Sec. 2, ibid.
10 Sec. 2, ibid.
11 Sec. 13, ibid; " Penalty for complex crimes. - When a single act constitutes two or more
grave or less grave felonies, or when an offense is a necessary means for committing the
other, the penalty for the most serious crime shall be imposed, the same to be applied in its
maximum period". (An. 48, Revised Penal Code).
8
 DOJ INQUEST AND PRELIMINARY INVESTIGATION PROCEDURE | CRIMINAL PROCEDURE
SEC. 18. Amendment of information or complaint. - An information or
complaint may be amended before the accused pleads, after the accused
has pleaded, and during the trial.
Before plea, amendment of the information or complaint, in
substance or form, is a matter of right.
After plea and during trial, amendment may be made only with leave
of court and only as to matters of form wherein the same can be done
without prejudice to the rights of the accused.
At any time before judgment, if there has been a mistake in charging
the proper offense, the court shall dismiss the original complaint or
information upon the filing of a new one charging the proper offense in
12
accordance with Rule 119, Section 11, provided the accused would not be
placed thereby in double jeopardy. The court may also require the witnesses
13
to give bail for their appearance at the trial.
SEC. 19. Mistake inform and substance. - A mistake in form refers to
clerical errors, matters which are not essential to the charge, and those
which will not mislead or prejudice the accused as when a defense under the
original information can be used after the amendment is made and any
evidence that the accused may have would be equally applicable to the one
form as in the other.
A mistake in substance is any omission or misstatement which
prevents an information from showing on its face that an offense has been
14
committed, or from showing what offense is intended to be charged.
SEC. 20. How Period of Prescription Computed and Interrupted. - For
an offense penalized under the Revised Penal Code, the period of
prescription commences to run from the day on which the crime is
discovered by the offended party, the authorities, or their agents, and shall
be interrupted:
a) by the filing of the complaint with the Office of the City/Provincial
15 16
Prosecutor; or wit the Office of the Ombudsman; or
12 "when mistake has teen made in charging the proper offense. - When it becomes manifest
at any time before judgment, that a mistake has been made in charging the proper offense,
and the accused cannot be convicted of the offense charged, or of any offense necessarily
included therein, the accused shall not be discharged, if there appears to be good cause to
detain him. In such case, the court shall commit the accused to answer for the proper offense
and dismiss the original case upon the filing of the proper information."
13 Sec. 14, Rule 110, ibid.
14 42 C.J.S.,Sec. 240 at pp.1249-1250.
15 Sec. 1, par. 2, Rule 110, Rules on Criminal Procedure.
b) by the filing of the complaint or information with the court even if it is
merely for purposes of preliminary examination or investigation, or even
if the court where the complaint or information is filed cannot try the case
17
on its merits.
However, for an offense covered by the Rules on Summary
Procedure, the period of prescription is interrupted only by the filing of the
18
complaint or information in court.
The prescription of an offense filed before the Prosecutor or
Ombudsman shall commence to run again when such proceedings
terminate; while the prescription of an offense filed in court starts to run again
when the proceedings terminate without the accused being convicted or
acquitted or are unjustifiably stopped for any reason not imputable to the
19
accused.
For violation of a special law or ordinance, the period of prescription
shall commence to run from the day of the commission of the violation, and if
the same is not known at the time, from the discovery and the institution of
judicial proceedings for its investigation and punishment. The prescription
shall be interrupted only by the filing of the complaint or information in court
and shall begin to run again if the proceedings are dismissed for reasons not
20
constituting double jeopardy.
For cases falling within the jurisdiction of the Katarungang
Pambarangay, the period of prescription is likewise interrupted by the filing of
the complaint with the punong barangay; but shall resume to run again upon
receipt by the complainant of the certificate of repudiation or of the
certification to file action issued by the lupon or pangkat secretary; Provided,
however, That such interruption shall not exceed sixty (60) days from the
21
filing of the complaint with the punong barangay.
Prescription shall not run when the offender is absent from the
22
country.
In cases where the imposable penalty is imprisonment and/or a fine,
the greater penalty shall be the basis for the computation of prescription.
16 Llenes vs. Dicdican, 260 SCRA 207 (1996).
17 Ibid.
18 Ibid.
19 An. 91 Revised Penal Code.
20 Sec. 2, Act No.3326, as amended.
21 Sec. 40 par.,Local Govt. Code.
22 Art. 91, par. 2, Revised Penal Code.
9
 DOJ INQUEST AND PRELIMINARY INVESTIGATION PROCEDURE | CRIMINAL PROCEDURE
23
PART II. INQUEST
SECTION 1. Concept. - Inquest is an informal and summary investigation
conducted by a public prosecutor in criminal cases involving persons
arrested and detained without the benefit of a warrant of arrest issued by the
court for the purpose of determining whether or not said persons should
remain under custody and correspondingly be charged in court.
SEC. 2. Designation of In quest Officer. – The City or Provincial
Prosecutor shall designate the Prosecutors assigned to inquest duties and
shall furnish the Philippine National Police (PNP) a list of their names and
their schedule of assignments. If, however, there is only one Prosecutor in
the area, all inquest eases shall be referred to him for appropriate action.
Unless otherwise directed by the City or Provincial Prosecutor,
those assigned to inquest duties shall discharge their functions during the
hours of their designated assignments and only at the police
stations/headquarters of the PNP in order to expedite and facilitate the
disposition of inquest eases.
SEC. 3. Commencement and termination of inquest.- The inquest
proceedings shall be considered commenced upon receipt by the Inquest
Officer from the law enforcement authorities of the complaint/referral
documents which should include:
a) the affidavit of arrest;
b) the investigation report;
c) the statement of the complainant and witnesses; and
d) other supporting evidence gathered by the police in the course of the
latter's investigation of the criminal incident involving the arrested or
detained person.
The Inquest Officer shall, as far as practicable, cause the affidavit
of arrest and statements/affidavits of the complainant and the witnesses to
be subscribed and sworn to before him by the arresting officer and the
affiants.
The inquest proceedings must be terminated within the period
prescribed under the provisions of Article 125 of the Revised Penal Code, as
24
amended.
23 Department of Justice Circular No.61 dated 21 December 1993.
24 12 Hours for light offenses; 18 hours for less grave offenses; and 36 hours for grave
offenses.
SEC. 4. Documents required in specific cases. - The Inquest Officer shall,
as far as practicable, require the submission/presentation of the documents
listed below, to wit:
Murder, Homicide and Parricide
a) certified true/machine copy of the certificate of death of the victim; and
b) necropsy report and the certificate of post-mortem examination, if readily
available.
Frustrated or Attempted Homicide, Murder, Parricide and Physical Injuries
a) medical certificate of the complaining witness showing the nature or
extent of the injury;
b) certification or statement as to duration of the treatment or medical
attendance; and
c) certificate or statement as to duration of incapacity for work.
Violation of the Dangerous Drugs Law (R.A. No.6425, as amended)
a) chemistry report or certificate of laboratory examination duly signed by
the forensic chemist or other duly authorized officer. If the foregoing
documents are not available, the Inquest Officer may temporarily rely on
the field test results on the seized drug, as attested to by a PNP
Narcotics Command operative or other competent person, in which
event, the Inquest Officer shall direct the arresting officer to immediately
forward the seized drug to the crime laboratory for expert testing and to
submit to the prosecutor's office the final forensic chemistry report within
five (5) days from the date of the inquest;
b) machine copy or photograph of the buy-bust money; and
c) affidavit of the poseur-buyer, if any.
Theft and Robbery, Violation of the Anti-Piracy and Anti-Highway Robbery
Law (P.D. No.532) and Violation of the Anti-Fencing Law (P.D. No.1612)
a) a list/inventory of the articles and items subject of the offense; and b)
statement of their respective values.
Rape, Seduction and Forcible Abduction with Rape
a) the medico-legal report (living case report), if the victim submitted herself
for medical or physical examination.
10
 DOJ INQUEST AND PRELIMINARY INVESTIGATION PROCEDURE | CRIMINAL PROCEDURE
Violation of the Anti-Carnapping Law (R.A. No.6539)
a) machine copy of the certificate of motor vehicle registration;
b) machine copy of the current official receipt of payment of theregistration
fees of the subject motor vehicle; and
c) other evidence of ownership.
Violation of the Anti-Cattle Rustling Law (P.D. No.533)
a) machine copy of the cattle certificate of registration; and
b) photograph of the cattle, if readily available.
Violation of Illegal Gambling Law (P.D. No.1602)
a) gambling paraphernalia; and
b) cash money, if any.
Illegal Possession of Explosives (P.D. No.1866)
a) chemistry report duly signed by the forensic chemist; and
b) photograph of the explosives, if readily available.
Violation of the Fisheries Law (P.9. No.704)
a) photograph of the confiscated fish, if readily available; and
b) certification of the Bureau of Fisheries and Aquatic Resources.
Violation of the Forestry Law (P.9. No.705)
a) scale sheets containing the volume and species of the forest
products confiscated, number of pieces and other important details
such as estimated value of the products confiscated;
b) certification of Department of Environment and Natural
Resources/Bureau of Forest Management; and
c) seizure receipt.
The submission of the foregoing documents shall not be absolutely required
if there are other forms of evidence submitted which will sufficiently establish
the facts sought to be proved by the foregoing documents.
SEC. 5. Incomplete documents. - When the documents presented are not
complete to establish probable cause, the Inquest Officer shall direct the law
enforcement agency to submit the required evidence within the period
prescribed under the provisions of Article 125 of the Revised Penal Code, as
25
amended. Otherwise, the Inquest Officer shall order the release of the
26
detained person and, where the inquest is conducted outside of office
hours, direct the law enforcement agency concerned to file the case with the
City or Provincial Prosecutor for appropriate action.
SEC. 6. Presence of detained person. - The presence of the detained
person who is under custody shall be ensured during the proceedings.
However, the production of the detained person before the Inquest
Officer may be dispensed with in the following cases:
a) if he is confined in a hospital;
b) if he is detained in a place under maximum security;
c) if production of the detained person will involve security risks; or
d) if the presence of the detained person is not feasible by reason of
age, health, sex and other similar factors.
The absence of the detained person by reason of any of the
foregoing factors shall be noted by the Inquest Officer and reflected in the
record of the case.
SEC. 7. Charges and counter-charges.- All charges and counter-charges
arising from the same incident shall, as far as practicable, be consolidated
and inquested jointly to avoid contradictory or inconsistent dispositions.
SEC. 8. Initial duty of Inquest Officer. - The Inquest Officer shall first
determine if the arrest of the detained person was made in accordance with
paragraphs (a) and (b) of Section 5, Rule 113 of the 1985 Rules on Criminal
Procedure, as amended, which provide that arrests without a warrant may be
27
effected:
a) when, in the presence of the arresting officer, the person to be
arrested has committed, is actually committing, or is attempting to
commit an offense; or
b) when an offense has in fact just been committed, and the arresting
officer has personal knowledge of facts indicating that the person to
25 NPS Form No.1.
26 NPS Form No.2.
27 Go vs. Court of Appeals, 206 SCRA 138 [1992]; Umil, et.al. vs. Ramos, 202 SCRA 251
[1991] and companion cases People vs. Malmstedt, 198 SCRA 401 and People vs. Aminudin,
163 SCRA 402 [1988].
11
 DOJ INQUEST AND PRELIMINARY INVESTIGATION PROCEDURE | CRIMINAL PROCEDURE
be arrested has committed it.
For this purpose, the Inquest Officer may summarily examine the arresting
officers on the circumstances surrounding the arrest or apprehension of the
detained person.
SEC. 9. Where arrest not properly effected. - Should the Inquest Officer
find that the arrest was not made in accordance with the Rules, he shall;
a) recommend the release of the person arrested or detained;
b) note down the disposition on the referral document;
c) prepare a brief memorandum indicating the reasons for the action
taken; and
d) forward the same, together with the record of the case, to the City or
Provincial Prosecutor for appropriate action.
Where the recommendation for the release of the detained person is
approved by the City or Provincial Prosecutor but the evidence on hand
warrants the conduct of a regular preliminary investigation, the order of
release shall be served on the officer having custody of said detainee and
shall direct the said officer to serve upon the detainee the subpoena or notice
of preliminary investigation, together with the copies of the charge sheet or
complaint, affidavits or sworn statements of the complainant and his
28
witnesses and other supporting evidence.
SEC. 10. where arrest properly effected. - Should the inquest Officer find
that the arrest was properly effected, the detained person shall be asked if he
desires to avail himself of a preliminary investigation and, if he does, he shall
be made to execute a waiver of the provisions of Article 125 of the Revised
29
Penal Code, as amended , with the assistance of a lawyer and, in case of
30
non-availability of a lawyer, a responsible person of his choice. The
preliminary investigation may be conducted by the Inquest Officer himself or
by any other Assistant Prosecutor to whom the case may be assigned by the
City or Provincial Prosecutor, which investigation shall be terminated within
fifteen (15) days from its inception.
28 See NPS Form No.2.
29 See NPS Form No.3.
30 Such responsible person may be a parent, elder brother or sister, spouse, the municipal
mayor, the municipal judge, district school supervisor, or priest/minister of the gospel as
chosen by him (Sec. 2 (d) RA 7438, An Act Defining Rights of Person Arrested, Detained or
under Custodial Investigation)
SEC. 11. Inquest preliminary investigation Inquest Officer shall
statements/affidavits of evidence submitted to him. proper.- Where the
detained person does not opt for or otherwise refuses to execute the required
waiver, the proceed with the inquest by examining the sworn the
complainant and the witnesses and other supporting
If necessary, the Inquest Officer shall require the presence of the
complaining witnesses and subject them to an informal and summary
investigation or examination for purposes of determining the existence of
probable cause.
SEC. 12. Meaning of probable cause.- Probable cause exists when the
evidence submitted to the Inquest Officer engenders a well-founded belief
that a crime has been committed and that the arrested Or detained person is
probably guilty thereof.
SEC. 13. Presence of probable cause.- If the Inquest Officer finds that
probable cause exists, he shall forthwith prepare the corresponding
complaint/information with the recommendation that the same be filed in
court. The complaint/information shall indicate the offense committed and the
amount of bail recommended, if bailable.
Thereafter, the record of the case, together with the prepared
complaint/information, shall be forwarded to the City or Provincial Prosecutor
for appropriate action.
The complaint/information may be filed by the Inquest Officer himself or by
any other Assistant Prosecutor to whom the case may be assigned by the
City or Provincial Prosecutor.
SEC. 14. Contents of Information.- The information shall, among others,
contain:
a) a certification by the filing Prosecutor that he is filing the same in
accordance with the provisions of Section 7, Rule 112, Rules on
Criminal Procedure, in cases cognizable by the Regional Trial
31
Court;
b) the full name and aliases, if any, and address of the accused;
c) the place where the accused is actually detained;
d) the full names and addresses of the complainant and witnesses;
e) a detailed description of the recovered items, if any;
31 NPS Form No.2.
12
 DOJ INQUEST AND PRELIMINARY INVESTIGATION PROCEDURE | CRIMINAL PROCEDURE
f) the full name and address of the evidence custodian;
g) the age and date of birth of the complainant or the accused, if
eighteen (18) years of age or below; and
h) the full names and addresses of the parents, custodians or
guardians of the minor complainant or accused, as the case may be.
SEC. 15. Absence of probable cause.- If the Inquest Officer finds no
probable cause, he shall:
32
a) recommend the release of the arrested or detained person;
b) note down his disposition on the referral document;
c) prepare a brief memorandum indicating the reasons for the action
taken; and
d) forthwith forward the record of the case to the City or Provincial
Prosecutor for appropriate action.
If the recommendation of the Inquest Officer for the release of the
arrested or detained person is approved, the order of release shall be served
on the officer having custody of the said detainee.
Should the City or Provincial Prosecutor disapprove the
recommendation of release, the arrested or detained person shall remain
under custody, and the corresponding complaint/information shall be filed by
the City or Provincial Prosecutor or by any Assistant Prosecutor to whom the
case may be assigned.
SEC. 16. Presence at crime scene. - Whenever a dead body is found and
there is reason to believe that the death resulted from foul play, or from the
unlawful acts or omissions of other persons and such fact has been brought
to his attention, the Inquest Officer shall:
a) forthwith proceed to the crime scene or place of discovery of the
dead person;
b) cause an immediate autopsy to be conducted by the appropriate
medico-legal officer in the locality or the PNP medico-legal division or
the NBI medico-legal office, as the case may be;
c) direct the police investigator to cause the taking of photographs of
the crime scene or place of discovery of the dead body;
d) supervise the investigation to be conducted by the police authorities
as well as the recovery of all articles and pieces of evidence found
thereat and see to it that the same are safeguarded and the chain of
32NPS Form No.4.
the custody thereof properly recorded; and
e) submit a written report of his finding to the City or Provincial
Prosecutor for appropriate action.
SEC. 17. Sandiganbayan cases.- Should any complaint cognizable by the
Sandiganbayan be referred to an Inquest Officer for investigation, the latter
shall, after conducting the corresponding inquest proceeding, forthwith
forward the complete record to the City or Provincial Prosecutor for
appropriate action.
SEC. 18. Recovered articles.- The Inquest Officer shall see to it that all
articles recovered by the police at the time of the arrest or apprehension of
the detained person are physically inventoried, checked and accounted for
with the issuance of corresponding receipts by the police officer/investigator
concerned.
The said articles must be properly deposited with the police evidence
custodian and not with the police investigator.
The Inquest Officer shall ensure that the items recovered are duly
safeguarded and the chain of custody is properly recorded.
SEC. 19. Release of recovered articles.- The Inquest Officer shall, with the
prior approval of the City or Provincial Prosecutor or his duly authorized
33
representative, order the release of recovered articles to their lawful owner
or possessor, subject to the conditions that:
34
a) there is a written request for their release;
b) the person requesting the release of said articles is shown to be the
lawful owner or possessor thereof;
c) the requesting party undertakes under oath to produce said articles
before the court when so required;
d) the requesting party, if he is a material witness to the case, affirms or
reaffirms his statement concerning the case and undertakes under
oath to appear and testify before the court when so required;
e) the said articles are not the instruments, or tools in the commission
of the offense charged nor the proceeds thereof; and
f) photographs of said articles are first taken and duly certified to by the
police evidence custodian as accurately representing the evidence in
his custody.
33 See NPS Form No.5.
34 See NPS Form No.6.
13
 DOJ INQUEST AND PRELIMINARY INVESTIGATION PROCEDURE | CRIMINAL PROCEDURE
PART III. PRELIMINARY INVESTIGATION
SECTION 1. Concept of preliminary investigation - A preliminary
investigation is an inquiry or proceeding to determine whether there is
sufficient ground to engender a well founded belief that a crime cognizable
by the Regional Trial Court has been committed and that the respondent is
35
probably guilty thereof and should be held for trial.
A preliminary investigation is essentially a judicial inquiry since there is the
opportunity to be heard, the production and weighing of evidence, and a
decision rendered on the basis of such evidence. In this sense, the
36
investigating prosecutor is a quasi-judicial officer.
SEC. 2. Purpose of preliminary investigation. - A preliminary investigation
is intended:
a) to secure the innocent against hasty, malicious and oppressive
prosecution and to protect him from an open and public accusation
of a crime and from the trouble, expense and anxiety of a public
37
trial; and
b) to protect the State from having to conduct useless and expensive
38
trials.
SEC. 3. Nature of preliminary investigation. - The conduct of a preliminary
investigation is a substantive right which the accused may invoke prior to or
at least at the time of plea, the deprivation of which would be a denial of his
right to due process.
SEC. 4. Effect of amendment of information. - In case an information is
amended, a new preliminary investigation shall be conducted if the amended
charge is not related to the crime originally charged; if there is a change in
the nature of the crime charged; or if the information on its face is null and
void for lack of authority to file the same.
35 Section 1, Rule 112, Rules on Criminal Procedure.
36 Cruz, Jr. vs. People, 233 SCRA 439 [1994].
37 People vs. Poculan, 167 SCRA 176 [1988]; Rodis, Sr. vs.
Sandiganbayan, Second Division, 166 SCRA 618 [19881; Salonga vs.
Pano, 134 SCRA 438 [1985]; Trocio vs. Manta, 118 SCRA 241
[1982]; Sausi vs. Querubin, 62 SCRA 155 [1975]; and Hashim vs.
Boncan, 71 Phil. 216 [1941].
38 Tandoc vs. Resultan, 175 SCRA 37 [1989].
SEC. 5. where right of preliminary investigation may he invoked. - The
right to a preliminary investigation may be invoked only in cases cognizable
by the Regional Trial Court. The right is not available in cases triable by
inferior courts.
SEC. 6. Officers Authorized to Conduct Preliminary Investigation. - The
39
following may conduct a preliminary investigation;
a) Provincial or City Prosecutors and their assistants;
b) Judges of Municipal Trial Courts and Municipal Circuit Trial Courts;
c) National and Regional State Prosecutors; and
40
d) Other officers as may be authorized by law.
Their authority to conduct preliminary investigation shall include all crimes
41
cognizable by the proper court in their respective territorial jurisdiction.
SEC. 7. Commencement of Preliminary Investigation.- A preliminary
investigation proceeding is commenced:
a) by the filing of a complaint by the offended party or any competent
42
person8 directly with the Office of the Investigating Prosecutor or
Judge;
b) by referral from or upon request of the law enforcement agency that
investigated a criminal incident;
c) upon request of a person arrested or detained pursuant to a
warrantless arrest who executes a waiver of the provisions of Article
125 of the Revised Penal Code, as amended;
d) by order or upon directive of the court or other competent authority;
or
e) for election offenses, upon the initiative of the Commission on
Elections, or upon written complaint by any citizen, candidate,
registered political party, coalition of registered parties or
organizations under the party-list system or any accredited citizen
39 Par. 1, Sec. 2, Rule 112, supra.
40 The Special Prosecution Officers and Graft Investigation Officers in
cases cognizable by the Office of the Ombudsman and the COMELEC officials in cases
involving violations of the Election Code, PCGG Officers
41 Par. 2, Section 2, Rule 112, supra.
42Ebarle vs. Sucaldito, 156 SCRA 803 [1987].
14
 DOJ INQUEST AND PRELIMINARY INVESTIGATION PROCEDURE | CRIMINAL PROCEDURE
43
arm of the Commission on Elections.
SEC. 8. Complaint. - For purposes of preliminary investigation, the
complaint filed with the prosecutor's office shall, as far as practicable, be
accompanied or covered by an Information Sheet and shall state, among
others -
a) the full and complete names and exact home, office or postal
addresses of the complainant and his witnesses;
b) The full and complete name and exact home, office or postal
address of the respondent;
c) The offense charged and the place and exact date and time of its
commission; and
d) Whether or not there exists a related case and, if so, the docket
number of said case and the name of the Investigating Prosecutor
thereof.
SEC. 9. Supporting affidavits.- The complaint shall be accompanied by the
affidavits of the complainant and his witnesses, as well as other supporting
proofs or documents, if any. The affidavits shall be sworn to before a
Provincial, City or State Prosecutor, or other government official authorized
to administer oaths or, in their absence or unavailability, a notary public, who
must certify that he personally examined the affiants and that he is satisfied
44
that they voluntarily executed and understood their affidavits.
When the preliminary investigation is commenced by referral from or upon
request of the law enforcement agency that investigated the incident, the
affidavits of the complainant and his witnesses to be submitted by the said
agency shall consist of the original or duplicate original or certified machine
copies thereof.
SEC. 10. Number of copies of affidavits. - The complaint and supporting
affidavits shall be in such number of copies as there are respondents, plus
four (4) copies for the court/official file.
Where a complaint charges multiple offenses which cannot be the subject of
one indictment or information, the complainant may be required to submit
such additional copies of the complaint and supporting affidavits as there are
offenses charged in the complaint.
43 Sections 3 & 5, Rule 34, COMELEC Rules of Procedure.
44 Sec. 3(a), Rule 112, Rules on Criminal Procedure.
SEC. 11. Barangay certification . - If the offense charged is punishable by
imprisonment not exceeding one (1) year or a fine not exceeding Five
Thousand Pesos (5,000.00) and the parties to the case are all residents of
the same city or municipality, the complaint shall be accompanied by the
certification required under Section 412 (a) of R.A. Act No.7160, "The Local
45
Government Code of 1991.
SEC. 12. Lack of harangay certification.- The absence of a barangay
certification shall not be a ground for the dismissal of the complaint. The
Investigating Prosecutor shall, however, make the corresponding referral of
the complaint to the proper Lupong Tagapamayapa for appropriate action
pursuant to the provisions of Chapter 7, Book III of R.A. No.7160. In
connection therewith, the complainant may be summoned for the purpose of
delivering the referral to the Chairman of the appropriate barangay and to
secure the necessary certification within thirty (30) days.
In any of the following cases. the Investigating Prosecutor shall proceed to
46
take cognizance of the complaint for purposes of preliminary investigation
even if there is no Barangay Certification:
a) where the respondent is under detention; or
b) where the respondent has been deprived of personal liberty calling
for habeas corpus proceedings; or
c) where the case may be barred by the Statute of Limitations.
SEC. 13. Initial/ action on the Complaint.- Within ten (10) days after the
filing of the complaint, the Investigating Prosecutor shall either dismiss the
same if he finds no ground to continue with the inquiry, or issue a subpoena
to the respondent, attaching thereto a copy of the complaint together with the
47
affidavits of witnesses and other supporting documents.
SEC. 14. Dismissal of complaint. - The following, among others, shall
constitute sufficient basis for the outright dismissal of a complaint:
a) that the offense charged in the complaint was committed outside the
48
territorial jurisdiction of the Office of the Investigating Officer;
45 See Appendix "0", List of Offenses cognizable by the Lupong Tagapamayapa (Crimes
Covered by the Katarungang Pambarangay).
46 Sec. 412(b), R.A. No.7160.
47 Section 3(b), Rule 112, Rules of Criminal Procedure.
48 The resolution of dismissal should include a statement that the entire record of the case is
being forwarded to the office having jurisdiction over the same.
15
 DOJ INQUEST AND PRELIMINARY INVESTIGATION PROCEDURE | CRIMINAL PROCEDURE

b) that, at the time of the filing of the complaint, the offense charged
therein had already prescribed; a) Service of subpoena and all papers/documents required to be
c) that the complainant is not authorized under the provisions of attached thereto shall be b'~- personal service by regular process
pertinent laws to file the complaint; servers. In their absence, the cooperation of the Provincial
d) that the acts and/or omissions alleged in the complaint and/or the City/Municipal Station Commanders of the Philippine National Police
supporting affidavits do not sufficiently show that a criminal offense (PNP) may be requested for the purpose.
or violation of a penal law has been committed; or b) Under other circumstances, where personal service cannot be
e) that the complaint and the supporting affidavits are unsigned and/or effected but the respondent cannot be considered as incapable of
have not been duly subscribed and sworn to as prescribed under the being subpoenaed as when he continues to reside at his known
Rules on Criminal Procedure. address but the return states that he "has left his residence and his
return is uncertain" or words of similar import, service of subpoena
SEC. 15. Personal service of documents by investigating prosecutor. - and its attachments shall be effected by registered mail with return
Whenever circumstances warrant and to prevent the loss of documents in card at respondent's known home/office address. On the face of the
the course of the service of a subpoena through ordinary modes, the envelope shall be indicated
Investigating Prosecutor may require the respondent or other parties to i) the name and return address of the sender and the
appear before him on a designated date, time and place and then and there Typewritten/printed phrase "First Notice Made
personally furnish them with copies of the complaint, supporting affidavits on______________", thus instructing the postmaster/postal
and other documents. employee of the necessity of informing the sender of the
date the first notice was made on the addressee; and
At the said or any other setting, the respondent shall have the right to ii) the typewritten/printed request: "If not claimed within five (5)
examine all other evidence submitted by the complainant. days from first notice, please return to sender."
c) Upon receipt of the unclaimed/returned envelope, the Investigating
Failure on the part of the respondent or his counsel/representative to appear Prosecutor may then proceed to resolve the complaint on the basis
49
before the Investigating Prosecutor to obtain copies of the complaint, of the evidence presented by the complainant.
supporting affidavits and other documents despite receipt of notice or
subpoena shall be considered a waiver or forfeiture of respondent9s right to SEC. 17. Where Respondent cannot he subpoenaed - If a respondent
be furnished copies of the complaint, supporting affidavits and other cannot be subpoenaed, as, for instance, he transferred residence without
documents, as well as to examine all other evidence submitted by the leaving any forwarding address, the Investigating Prosecutor shall base his
complainant. resolution on the evidence presented by the complainant.

For the purposes specified in the first paragraph hereof, the Investigating SEC. 18. Counter-Affidavits.- In cases where the respondent is
Prosecutor shall not require the appearance before him of the respondent or subpoenaed, he shall within ten (10) days from receipt of the complaint and
other parties who are residing in distant places. In such cases, the other documents, submit his counter-affidavit and other supporting
Investigating Prosecutor shall issue and send the subpoena, together with documents which shall be sworn to and certified as prescribed in the second
copies of the complaint, supporting affidavit and other documents, by sentence of par. 1 of Section 9 this Part, copies of which shall be furnished
50
registered special delivery mail with return card. by the respondent to the complainant.

SEC. 16. Service of subpoena in preliminary investigation. - To expedite Only a counter-affidavit subscribed and sworn to by the
the conduct of a preliminary investigation, the following guidelines shall be respondent before the Public Prosecutor can dispute or put at issue the
observed in the service of subpoenas-
49 Sec 3(d), Rule 112, Rules on Criminal Procedure; Department of Justice Memorandum
Circular No.25 dated 2 October 1989.
50 Secs. 3(b) & (c), Rule 112, supra.

16
 DOJ INQUEST AND PRELIMINARY INVESTIGATION PROCEDURE | CRIMINAL PROCEDURE
allegations in the complaint. A memorandum, manifestation or motion to
dismiss signed by the counsel cannot take the place of a counter-affidavit.
Thus, a respondent relying on the manifestation, memorandum or motion to
dismiss of his counsel is deemed to have not controverted complainant's
51
evidence.
However, if such memorandum, manifestation or motion to dismiss
is verified by the respondent himself, the same may be considered a counter-
affidavit.
SEC. 19. Motion for dismissal of bill of particulars.-The filing of a motion
for the dismissal of the complaint or for the submission of a bill of particulars
shall not suspend or interrupt the running of the period for the submission of
counter-affidavits and other supporting documents.
All the grounds for the dismissal of the complaint, as well as
objections to the sufficiency thereof, shall be alleged or incorporated in the
counter-affidavit and shall be resolved by the Investigating Prosecutor jointly
on the merits of the case.
The Investigating Prosecutor may grant a motion to dismiss filed by a
respondent who is yet to file or has not filed his counter-affidavit if the said
motion is verified and satisfactorily establishes, among others:
a) the circumstances specified in sub-paragraphs (a), (b)9 (c) and (d)
and (e) of Section 14 of this Part;
b) the fact that the complaint, or one similar thereto or identical
therewith, has previously been filed with the Office and has been
fully adjudicated upon on the merits after due preliminary
investigation proceedings; or
c) the extinction of respondentts criminal liability by reason of death,
pardon, amnesty, repeal of the law under which prosecution is
sought, or other legal causes.
SEC. 20. Consolidation.- The following cases shall, as far as practicable, be
consolidated for preliminary investigation purposes and assigned to and
jointly heard by one Investigating Officer:
51 DOJ Resolution No.109, Series of 1990. (I. S. NO.89-243, "Bulacan Garden Corporation vs.
Filomena", OPP, Bulacan).
a) charges and counter-charges;
b) cases arising from one and the same incident or transaction or series
of incident or transactions; and
c) cases involving common parties and founded on factual and/or legal
issues of the same or similar character.
SEC. 21. Extension of time. - No motion or request for extension of time to
submit counter-affidavits shall be allowed or granted by the Investigating
Prosecutor except when the interest of justice demands that the respondent
be given reasonable time or sufficient opportunity to:
a) engage the services of counsel to assist him in the preliminary
investigation proceedings;
b) examine or verify the existence, authenticity or accuracy of
voluminous records, files, accounts or other papers or documents
presented or submitted in support of the complaint; or
c) undertake studies or research on novel, complicated or technical
questions or issues of law and of facts attendant to the case under
investigation.
Extensions of time to submit a counter-affidavit for any of the reasons stated
above shall not exceed ten (10) days. Additional extensions may be
authorized by the Provincial/City Prosecutor concerned.
SEC. 22. Suspension of proceedings.- Upon motion of a party, or when
raised in a counter-affidavit, the Investigating Prosecutor may suspend the
preliminary investigation proceedings if the existence of a prejudicial question
52
is satisfactorily established.
The existence of a prejudicial question shall, however, not be a ground for
the dismissal of the complaint.
SEC. 23. Concept of prejudicial question.- A prejudicial question is one
the resolution of which is a logical antecedent of the issue involved in a case
53
and the cognizance of which pertains to another tribunal. It is based on a
fact distinct and separate from the crime charged but so intimately connected
with it that it determines the guilt or innocence of the accused. To suspend
the criminal action, it must not only appear that said case involves facts
intimately related to those upon which the criminal prosecution would be
52Sec.6, Rule 111, ibid.
53Ras vs. Rasul, 100 SCRA 125 [1980]; Quiambao vs. Osono, G. R. No.48157, March 16,
1988; and Appendix “P”
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 DOJ INQUEST AND PRELIMINARY INVESTIGATION PROCEDURE | CRIMINAL PROCEDURE
based but also that in the resolution of the issue or issues raised in the civil
case, the guilt or innocence of the accused would necessarily be
54
determined.
SEC. 24. Elements of prejudicial question. - The essential elements of a
prejudicial question are:
a) the civil action involves an issue similar or intimately related to the
issue raised in the criminal action;
b) the resolution of such issue determines whether or not the criminal
55
action may proceed ; and
56
c) the cognizance of the said issue pertains to another tribunal.
SEC. 25. Issuance of orders of suspension of proceedings.- No
resolution or order suspending the preliminary investigation based on the
existence of a prejudicial question shall be issued by the Investigating
Prosecutor without the written approval of the Provincial/City Prosecutor
concerned or his duly designated assistant.
SEC. 26. Reply-affidavits and rejoinders.- The Investigating Prosecutor
shall not require or allow the filing or submission of reply-affidavits and/or
rejoinders, except where new issues of fact or questions of law which are
material and substantial in nature are raised or invoked in the counter-
affidavit or subsequent pleadings and there exists a need for said issues or
questions to be controverted or rebutted, clarified or explained to enable the
Investigating Prosecutor to arrive at a fair and judicious resolution of the
case. In such a case, the period for the submission of reply affidavits or
rejoinders shall in no case exceed five (5) days unless a longer period is
authorized by the Provincial/City Prosecutor concerned.
SEC. 27. Clanficatory questions. - The Investigating Prosecutor may set a
hearing to propound clarificatory questions to the parties or their witnesses if
he believes that there are matters which need to be inquired into personally
by him. In said hearing, the parties shall be afforded the opportunity to be
present but without the right to examine or cross-examine. If they so desire,
they may submit written questions to the Investigating Prosecutor who may
57
propound such questions to the parties or witnesses concerned.
54 Donato vs. Luna, G.R. No.53642, April 15, 1988; Prado vs. People, 133 SCRA 602 [1984];
and Librodo vs. Coscolluela, Jr., 116 SCRA 303 [1982].
55 Sec. 5, Rule 111, supra.
56 Cf. Ras vs. Rasul, supra; Quiambao vs. Osono, supra.
57 Sec. 3(e), Rule 112, supra.
The Investigating Prosecutor shall make a record of the questions asked and
answers given during the clarificatory questioning which shall be signed by
the parties concerned and/or their respective counsel. Said notes shall form
part of the official records of the case. Parties who desire to file a petition for
review of the Investigating Officer's resolution may, at their option, cite
specific portions of the oral testimony by reference to the transcript of
stenographic notes. Said notes shall only be transcribed in cases of appeal
and shall be obtained at the expense of the interested party.
SEC. 28. Submission of case for resolution. - The Investigating
Prosecutor shall case submitted for resolution:
a) when the respondent cannot be subpoenaed or, if subpoenaed, does
not submit his counter-affidavit within the reglementary period. In
such a case, the Investigating Prosecutor shall base his resolution on
58
the evidence presented by the complainant; or
b) upon submission by the parties of their respective affidavits and
supporting proof or documents, in which event, he shall, upon the
evidence thus adduced, determine whether or not there is sufficient
59
ground to hold the respondent for trial
SEC. 29. Lack of probable cause.- If the Investigating Prosecutor does not
find sufficient basis for the prosecution of the respondent, he shall prepare
the resolution recommending the dismissal of the complaint.
SEC. 30. Finding of probable cause. - If the Investigating Prosecutor finds
that probable cause exists, he shall prepare the resolution and the
corresponding information or complaint in the appropriate cases.
Where the respondent is a public officer or employee or a member of the
Philippine National Police (PNP), the Investigating Prosecutor shall also
determine whether or not the offense with which he is charged was
committed in relation to his office and, if so committed, such fact should be
alleged in the information to be filed with the Sandiganbayan through the
60
Ombudsman
SEC. 31. Reopening of investigation.- After a case under preliminary
investigation has been submitted for resolution under the provisions of the
58 Secs. 3 (d) & (f), Rule 112, ibid.
59 Sections 3(d) & (f), Rule 112, ibid.
60 Republic vs. Maximiano Asuncion, G.R. No. L-108208, March 1994.
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 DOJ INQUEST AND PRELIMINARY INVESTIGATION PROCEDURE | CRIMINAL PROCEDURE
preceding Section but before promulgation of the resolution, the preliminary
investigation may be reopened for the purpose of receiving new and/or
additional evidence upon the prior authorization given by the Provincial/City
Prosecutor concerned or upon motion of the interested party, Provided, That
in the latter case, it shall be subject to the following conditions:
a) the motion is verified and a copy thereof furnished the opposing
party;
b) the motion is accompanied with the new and/or additional evidence;
and
c) the motion sufficiently and satisfactorily shows valid and justifiable
reason for the failure of the movant to submit the new and/or
additional evidence during the preliminary investigation proceedings.
SEC. 32. Cases Transmitted by the Municipal Trial Judge. - Upon receipt
of the records of the case from the Municipal Trial Court or Municipal Circuit
Trial Court which conducted the Preliminary Investigation, the Prosecution
Office shall review the case based on the existing records, without requesting
the parties to submit memorandum of authorities,61 and may affirm, modify or
reverse the finding of the Municipal Trial Court judge. However, if the interest
of justice so requires, the prosecutor may conduct a full blown reinvestigation
giving the parties the opportunity to submit additional evidence, and
thereafter, resolve the case on the basis of the totality of the evidence thus
adduced.
SEC. 33. Memoranda. - The Investigating Prosecutor shall not require nor
allow the filing or submission by the parties of memoranda unless the case
involves difficult or complicated questions of law or of fact. In any event, the
filing of memoranda by the parties shall be done simultaneously and the
period therefore shall not exceed ten (10) days, unless a longer period is
authorized by the Provincial/City Prosecutor concerned.
SEC. 34. Period for resolving a case. - The Investigating Prosecutor shall
resolve the case within ten (10) days from the time the case is deemed
62
submitted for resolution, unless otherwise provided herein or a longer
period is authorized by the Provincial/City Prosecutor concerned.
SEC. 35. Form of resolution and number of copies.- The resolution shall
61 Department of Justice Memorandum Circular No.7, s.1988.
62 Sec. 3(f), Rule 112, supra.
be written in the official language, personally and directly prepared and
signed by the Investigating Prosecutor. It shall be prepared in as many
copies as there are parties, plus three (3) additional copies.
SEC. 36. Contents of the resolution. - A resolution shall contain a caption
and a body.
SEC. 37. Caption of resolution. - The caption of the resolution shall indicate
the:
a) names of all the complainants and all of the respondents;
b) Case Number, otherwise known as the Investigation Slip Number or
1.8. No.;
c) the offense charged;
d) the date of the filing of the complaint with the office;
e) the date of the assignment of the case to or receipt of the case
record by the Investigating Officer; and
f) the date the case was submitted for resolution.
SEC. 38. Names of parties. - The complete names of all the complainants
and respondents in the case shall be set out in the caption of the resolution.
It is not proper to use the phrase "et. al." to refer to other complainants and
respondents.
The name of the victim or injured party, not their representative, shall appear
in the caption. In cases referred to the prosecution by the police where there
is no identified victim, as in prohibited drugs cases, the complainant shall be
the police station involved, followed by the name and designation of the
police officer representing the police station. In homicide or murder cases,
the name of the victim or of the complainant shall be in the caption. The heirs
or relatives of the slain victim shall be indicated as "Legal heirs of deceased
(name or person killed)", represented by "(either the surviving spouse, father
or mother)".
In the case of a corporation or judicial entity, its corporate name or identity
shall be indicated and written as follows. " 'X' Corporation, represented by its
(position title), (name of corporate officer)".
SEC. 39. Case number. - The number of a case shall indicate the year and
month; it was filed and its entry number in the log book of the office, e.g. 97
(year)A(month)-024(entry number).
SEC. 40. Designation of offense charged. - For offenses that are
punishable under the Revised Penal Code, the caption shall set forth the
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 DOJ INQUEST AND PRELIMINARY INVESTIGATION PROCEDURE | CRIMINAL PROCEDURE
denomination of the offense and the specific article and paragraph of the
statute violated.
Where there is another charge or countercharge in the same case having
one case number or in case of a consolidated resolution involving two or
more criminal cases with two or more docket numbers, the caption shall also
contain said information.
SEC. 41. Contents of body of resolution. - In general, the body of
resolution should contain:
a) a brief summary of the facts of the case;
b) a concise statement of the issues involved; and
c) the findings and recommendations of the Investigating Prosecutor.
All material details that should be found in the information prepared by the
Investigating Prosecutor shall be stated in the resolution.
SEC. 42. Parts of a resolution. - As a rule, the body of a resolution is made
up of four parts, namely:
a) Part 1 shall state the nature of the case as disclosed in the evidence
presented by the complainant such as his affidavit-complaint, the
affidavit of witnesses and documentary and physical evidence. The
affidavits shall be numbered in the order of the presentation of the
prosecution witnesses as disclosed in the list of witnesses appearing
in the information. As for the documentary evidence, they shall be
alphabetically marked as they would be marked during the pre-trial
and trial stages of the case.
b) Part 2 shall contain the version of complainant of the incident. The
presentation of the complainant's case should be concise and shall
not be cluttered with details that are not necessary to show the
elements of the offense.
c) Part 3 shall allege the respondent1s version of the incident. This
must also be concise.
d) Part 4 shall contain the discussion, analysis and evaluation by the
prosecutor of the evidence presented by the complainant and the
respondent, without relying on the weakness of the defense of the
respondent. It shall also contain the conclusion of the prosecutor.
The complainant's and respondent's versions of the incident need
not be repeated in this part except to point out excerpts relating to
the existence or absence of the elements of the crime. Citations of
pertinent laws and jurisprudence should support the conclusions
reached. Where numerical values are important, the number shall be
written in words and figures.
SEC. 43. How recommended hail is written. - The bail recommended in
the resolution shall be written in words and figures.
SEC. 44. Recommended bail. - The bail recommended in the resolution
shall be stated in the information, written in words and figures, and initialed
by the investigating prosecutor.
SEC. 45. Parties to be furnished with a copy of the resolution. - The
complete names and addresses of the complainant and the respondent shall
be set out at the end of the resolution after the signature of the investigating
prosecutor and the head of the Prosecutor's Office concerned under the
phrase: "Copy furnished:".
If the parties are represented by counsel and the latter's appearance is
63
entered formally in the record, the counsel, not the party, shall be given a
copy of the resolution.
SEC. 46. Signature and initials of investigating prosecutor. - The
investigating prosecutor shall sign the resolution and if the resolution consists
of two or more pages, the prosecutor shall initial all of said pages, excluding
the signature page.
SEC. 47. Records of the case. - The investigating fiscal shall forward his
resolution, together with the complete records of the case, to the Provincial
or City Prosecutor or Chief State Prosecutor concerned within five (5) days
64
from the date of his resolution.
SEC. 48. Action of the Provincial or City Prosecutor or Chief State
Prosecutor on resolution. - The Provincial or City Prosecutor or Chief State
Prosecutor concerned shall act on all resolutions within ten (10) days from
receipt thereof by either approving or disapproving the resolution or returning
the same to the investigating prosecutor for further appropriate action.'
'immediately after approving or disapproving the resolution, the Provincial or
City Prosecutor or Chief State Prosecutor concerned shall transmit a copy of
the resolution to the parties.
SEC. 49. Reversal by the Provincial or City Prosecutor or Chief State
Prosecutor of resolution of investigating prosecutor. - If the Provincial or
63 Note: A special appearance does not qualify.
64 Sec. 4, par.1,Rule 112, supra.
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 DOJ INQUEST AND PRELIMINARY INVESTIGATION PROCEDURE | CRIMINAL PROCEDURE
City Prosecutor or Chief State Prosecutor reverses the recommendation in
the resolution of the investigating prosecutor, the former may, by himself, file
the corresponding information or direct any other assistant prosecutor or
state prosecutor, as the case may be, to do so without need of conducting
another preliminary investigation.
SEC. 50. Approval of pleading by head of prosecution office. - A
pleading prepared by the trial prosecutor, including exparte motions, shall not
be filed in court without the prior written approval by the Provincial or City
Prosecutor or Chief State Prosecutor, as the case may be, of said pleading.
SEC. 51. Motion for reinvestigation, where filed. - Before the arraignment
of the accused, a motion for reinvestigation of the case may be filed with the
City/Provincial Prosecutor, Provided, That when the case has been appealed
to the Regional State Prosecutor or the Department of Justice, such motion
may be filed, respectively, with the said offices. After arraignment, said
motion may only be filed with the judge hearing the case.
SEC. 52. Confidentiality of resolutions. - All resolutions prepared by an
Investigating Prosecutor after preliminary investigation, whether his
recommendation be for the filing or dismissal of the case, shall be held in
strict confidence and shall not be made known to the parties, their counsel
and/or to any unauthorized person until the same shall have been finally
acted upon by the Provincial/City Prosecutor or his duly authorized assistant
and approved for promulgation and release to the parties.
Violation of the foregoing shall subject the Investigating Prosecutor or the
employee of the office concerned to severe disciplinary action.
SEC. 53. Information/Complaint.- The information/complaint shall be
personally and directly prepared by the Investigating Prosecutor or such
other prosecutor designated for the purpose and signed by him or the
complainant, as the case may be. It shall state and contain, in addition to the
requirements of the Rules of Court on the sufficiency of the allegations in an
information or complaint, the following:
a) the full name and aliases, if any, and address of the accused;
b) the age and date of birth of the complainant or the accused, if
eighteen (18) years of age or below;
c) the full names and addresses of the parents, custodian or guardian
of the minor complainant or accused, as the case may be;
d) the place where the accused is actually detained;
e) the full names and addresses of the complainant and witnesses;
f) a detailed description of the recovered items, if any;
g) the full name and address of the evidence custodian; and
h) the bail recommended, if the charge is bailable.
The Investigating Prosecutor shall certify under oath that he or, as shown by
the record, an authorized officer, had personally examined the complainant
and his witnesses; that there is reasonable ground to believe that a crime
has been committed and that the accused is probably guilty thereof; that the
accused was informed of the complaint and of the evidence submitted
against him and that he was given an opportunity to submit controverting
evidence; and that he is filing the complaint or information with the prior
65
authority and approval of the Provincial/City Prosecutor concerned.
SEC. 54. Documents to be attached to information/complaint. - An
information/complaint that is filed in court shall, as far as practicable, be
accompanied by a copy of the resolution of the Investigating Prosecutor, the
complainant's affidavit, the sworn statements of the prosecution's witnesses,
the respondent's counter-affidavit and the sworn statements of his witnesses
and such other evidence as may have been taken into account in arriving at
66
a determination of the existence of probable cause.
SEC. 55. Promulgation of resolution.- The result of the preliminary
investigation shall be promulgated by furnishing the parties or their counsel a
copy of the resolution by:
a) personal service;
b) registered mail with return card to the complainant, and by ordinary
mail to the respondent, if the resolution is for the dismissal of the
complaint; or
c) registered mail with return card to the respondent, and by ordinary
mail to the complainant, if the resolution is for the indictment of the
respondent.
SEC. 56. Motion for reconsideration. - A motion for reconsideration may be
filed within ten (10) days from receipt of the resolution. The motion shall be
verified, addressed to the Provincial/City Prosecutor or the Chief State
Prosecutor, and accompanied by proof of service of a copy thereof on the
opposing party and must state clearly and distinctly the grounds relied upon
in support of the motion.
65Section 4 (2) Rule 112, supra.
66Lim V. Felix, G. R. No.94054-57, and Fernandez V. Felix, G.R. No.94266-57, 194 SCRA
292 [1991]; See also Allado V. Diokno, 232 SCRA 192 [1994].
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 DOJ INQUEST AND PRELIMINARY INVESTIGATION PROCEDURE | CRIMINAL PROCEDURE
A motion for reconsideration is still part of due process in the preliminary
investigation. The denial thereof is a reversible error as it constitutes a
deprivation of the respondent's right to a full preliminary investigation
67
preparatory to the filing of the information against him. The court therefore
may not proceed with the arraignment and trial pending resolution of the
motion for reconsideration.
SEC. 57. Inhibition. - A Prosecutor shall inhibit himself from conducting a
preliminary investigation in a case wherein -
a) he or his wife or child is interested as heir, legatee, creditor or
otherwise; or
b) he is related to either affinity or to counsel
c) he has been named counsel. party within the 6th degree of
consanguinity or within the 4th degree; or executor, administrator,
guardian, trustee or
A motion to disqualify or inhibit the Investigating Prosecutor may be filed with
the City/Provincial or Chief State Prosecutor concerned for just or valid
reasons other than those mentioned above.
SEC. 58. Period to resolve cases under preliminary investigation. - The
following periods shall be observed in the resolution of cases under
preliminary investigation:
a) The preliminary investigation of complaints charging a capital offense
shall be terminated and resolved within ninety (90) days from the
date of assignment to the Investigating Prosecutor.
b) The preliminary investigation of all other complaints involving crimes
cognizable by the Regional Trial Courts shall be terminated and
resolved within sixty (60) days from the date of assignment.
c) c) In cases of complaints involving crimes cognizable by the
Metropolitan Trial Courts, Municipal Trial Courts and Municipal
Circuit Trial Courts, the preliminary investigation - should the same
be warranted by the circumstances - shall be terminated and
resolved within sixty (60) days from the date of assignment to the
Investigating Prosecutor.
In all instances, the total period (from the date of assignment to the time of
actual resolution) that may be consumed in the conduct of the formal
67 Torralba vs. Sandiganbayan, 230 SCRA 33 [1994].
68
preliminary investigation shall not exceed the periods prescribed herein.
69
PART IV. PETITION FOR REVIEW
SECTION 1. Subject of petition for review.- Only resolutions of the Chief
State Prosecutor/Regional State Prosecutor/Provincial or City Prosecutor
dismissing a criminal complaint may be the subject of a Petition for Review to
the Secretary of Justice except as otherwise provided in Section 4 hereof.
A petition from the resolution of a Provincial/City Prosecutor where the
penalty prescribed for the offense charged does not exceed prision
correccional, regardless of the imposable fine, shall be made to the Regional
State Prosecutor who shall resolve the petitions with finality. Such petitions
shall also be governed by these rules.
The provision of the preceding paragraph on the finality of the resolution of
the Regional State Prosecutor notwithstanding, the Secretary of Justice may,
in the interest of justice and pursuant to his residual authority of supervision
and control over the prosecutors of the Department of Justice, order the
automatic review by his office of the resolution of the Regional State
Prosecutors in the cases appealed to the latter.
SEC. 2. Period to file petition.- The petition must be filed within a period of
fifteen (15) days from receipt of the questioned resolution by the party or his
counsel. The period shall be interrupted only by the filing of a motion for
reconsideration within ten (10) days from receipt of the resolution and shall
continue to run from the time the resolution denying the motion shall have
been received by the movant or his counsel.
SEC. 3. Form and contents. - The petition shall be verified by the petitioner
and shall contain the following:
a) date of receipt of the questioned resolution; date of filing of the mot
)n for reconsideration; if any; and date of receipt of the resolution on
the motion for reconsideration;
b) names and addresses of the parties;
c) the Investigation Slip Number or I.S. No. and/or criminal case
68Department of Justice Circular No.24 dated 24 March 1995.
69Department Order No.223 dated June 30,1993 as amended by DO No.359 dated October
17, 1995.
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number and the title of the case;
d) the venue of the preliminary investigation;
e) a clear and concise statement of the facts, the assignment of errors,
and the legal basis of the petition;
f) in case of a finding of probable cause, that petitioner has filed in
court a motion to defer further proceedings; and
g) proof of service of a copy of the petition to the adverse party or his
counsel and the prosecutor either by personal delivery or registered
mail evidenced by the registry receipts and affidavit of mailing.
The petitioner shall append to his petition copies of the material and pertinent
affidavits/sworn statements (including their translations, if any, duly certified
by the city/provincial prosecutor) and evidence submitted in the preliminary
investigation by both parties and the questioned resolution.
The prosecutor concerned shall immediately inform the Department or the
Regional State Prosecutor of the action of the court on the motion to defer
further proceedings. If the accused is arraigned during the pendency of the
petition, the prosecutor concerned shall likewise immediately inform the
Department or the Regional Stat& Prosecutor of such arraignment.
SEC. 4. Cases not subject to review; exceptions.- No petition may be
allowed from a resolution of the Chief State Prosecutor/Regional State
Prosecutor/Provincial or City Prosecutor finding probable cause except upon
showing of manifest error or grave abuse of discretion. Either
complainant/offended party or respondent/accused may file a petition.
Notwithstanding the showing of manifest error or grave abuse of discretion
no petition shall be entertained where the accused had already been
arraigned. Once arraigned, the petition shall be dismissed motu proprio by
the Secretary of Justice.
SEC. 5. Answer.- Within a non-extendible period of fifteen (15) days from
receipt of a copy of the petition, the respondent may file a verified answer
indicating therein the date that the copy of the petition was received with
proof of service of the answer to the petitioner. If no answer is filed, the case
shall be resolved on the basis of the petition.
SEC. 6. Withdrawal of petition.- The petition may be withdrawn at any time
before it is finally resolved, in which case the questioned resolution shall
stand.
SEC. 7. Motion for reinvestigation.- At any time after the filing of the
petition and before its resolution, the petitioner may, with leave of court, file a
motion for reinvestigation on the ground that new and material evidence has
been discovered which petitioner could not, with reasonable diligence, have
discovered during the preliminary investigation and which if produced and
admitted would probably change the resolution. The Department or the
Regional State Prosecutor, as the case may be, shall then issue a resolution
directing the reinvestigation of the case, if still legally feasible. When
reinvestigation is granted, it shall take place in the Office of the Prosecutor
from which the petition was taken.
SEC. 8. Disposition of petition.- The Secretary of Justice or the Regional
State Prosecutor may reverse, affirm or modify the questioned resolution.
They may, motu proprio or on motion of the petitioner, dismiss outright the
petition on any of the following grounds:
a) that the offense has prescribed;
b) that there is no showing of any reversible error;
c) that the procedure or requirements herein prescribed have not been
complied with;
d) that the questioned resolution is interlocutory in nature, except when
it suspends the proceedings based on the alleged existence of a
prejudicial question; or
e) that other legal or factual grounds exist to warrant a dismissal.
SEC. 9. Motion for Reconsideration.- The aggrieved party may file a
motion for reconsideration within a non-extendible period of ten (10) days
from receipt of the resolution on the petition, furnishing the adverse party or
his counsel and the prosecutor with copies thereof. No second motion for
reconsideration shall be entertained.
SEC. 10. Effect of filing of petition. - A petition for review, motion for
reconsideration/reinvestigation from a resolution finding probable cause shall
not hold the filing of the information in court.
Pending resolution of the Petition for review, the accused is entitled to a
suspension of the proceedings, to the holding in abeyance of the issuance of
70
warrant of arrest, and deferment of the arraignment.
70 Like a motion for reconsideration of the resolution of the City/Provincial Prosecutor, the right
to a petition for review is a part of due process. Notwithstanding the ruling in Crespo vs. Mogul
(151 SCRA 463 [1987]), the Court may not proceed with the criminal proceedings until after
the resolution of the Regional Prosecutor or of the Secretary of Justice shall have become
final, and the corresponding motion has been filed in Court by the trial prosecutor to withdraw
23
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71
PART V. BAIL
SECTION 1. Bail defined. - Bail is the security given for the release of a
person in custody of the law, furnished by him or a bondsman, conditioned
upon his appearance before any court as required under the conditions
hereinafter specified. Bail may be given in the form of corporate surety,
property bond, cash deposit, or recognizance.
SEC. 2. Nature of right to bad.- The right to bail is guaranteed by the
Constitution. It is the duty of the prosecutor to recommend such amount of
bail to the courts of justice as, in his opinion, would ensure the appearance of
72
an accused person when so required by the court.
SEC. 5. Burden of proof in bail application. - At the hearing of an
application for admission to bail filed by any person who is in custody for the
commission of an offense punishable by death, reclusion perpetual or life
imprisonment, the prosecution has the burden of showing that evidence of
guilt is strong. The evidence presented during the bail hearings shall be
considered automatically reproduced at the trial, but upon motion of either
party, the court may recall any witness for additional examination unless the
witness is dead, outside of the Philippines or otherwise unable to testify.
SEC. 6. Recognizance. - Whenever allowed pursuant to law or these Rules,
the court may release a person in custody on his own recognizance or that of
a responsible person.

SEC. 3. Non-bailable offense. - No person charged with a capital offense, SEC. 7. Bail, when not required; reduced bail or recognizance. - No bail
or an offense punishable by reclusion perpetua or life imprisonment, when shall be required when the law or the Rules issued by the Supreme Court so
74
evidence of guilt is strong, shall be admitted to bail regardless of the stage of provide .
the criminal prosecution.
When a person has been in custody for a period equal to or more than the
SEC. 4 Criteria in recommending amount of bail. - In recommending the possible maximum imprisonment of the offense charged to which he may be
amount of bail to be granted by the court, the prosecutor shall take into sentenced, he shall be released immediately without prejudice to the
consideration the following standards and criteria: continuation of the trial thereof or the proceedings on appeal. In case the
maximum penalty to which the accused may be sentenced is destierro, he
a) financial ability of the respondent/accused to post bail; shall be released after thirty (30) days of preventive imprisonment.
b) nature and circumstances of the offense;
c) penalty for the offense charged; A person in custody for a period equal to or more than the minimum of the
d) age, state of health, character and reputation of the principal penalty prescribed for the offense charged without application of the
respondent/accused under detention; Indeterminate Sentence Law or any modifying circumstance, shall be
e) weight of the evidence against the respondent/accused under released on a reduced bail or on his own recognizance, at the discretion of
detention; the court.
f) forfeiture of other bonds and pendency of other cases wherein the
respondent/accused under detention is under bond; SEC. 8. Notice of application for hail to prosecutor. - In an application for
g) the fact that respondent/accused under detention was a fugitive from bail, the court shall give reasonable notice of the hearing to the prosecutor or
justice when apprehended; and require him to submit his recommendation.
h) other factors affecting the probability of the accused appearing at the
73
trial. SEC. 9. Cancellation of hail bond. - Upon application filed with the court
and after due notice to the prosecutor, the bail bond may be canceled upon
or dismiss the information or to proceed with the trial as the case may be, per findings in the surrender of the accused or proof of his death.
petition for review. (See Roberts; Jr. et al. vs. C.A. et al., 254 SCRA 307 [1996]).
71 Rule 114, Rules on Criminal Procedure, as amended by Supreme Court Administrative February 1996.
Circular No.12-94 dated August 16, 1994. 74 See RA 6036 and Rules on Summary Procedure; Art. 29, Revised Penal Code; BP BIg 85
72 Department of Justice Circular No.36, Sept. 1, 1981. [1980]; Sec. 13, Rule 114, ibid.
73 Sec. 6, Rule 114, supra; Department of Justice Circular No.4, series of 1996, effective 1

24
 DOJ INQUEST AND PRELIMINARY INVESTIGATION PROCEDURE | CRIMINAL PROCEDURE
The bail bond shall be deemed automatically canceled upon acquittal of the
accused or dismissal of the case or execution of the final judgment of
conviction.
In all instances, the cancellation shall be without prejudice to any liability on
the bond.
SEC. 10. Arrest of accused out on hail. - For the purpose of surrendering
the accused, the bondsmen may arrest him, or on written authority endorsed
on a certified copy of the undertaking may cause him to be arrested by any
police officer or any other person of suitable age and discretion.
An accused released on bail may be re-arrested without the necessity of a
warrant if he attempts to depart from the Philippines without prior permission
of the court where the case is pending.
SEC. 11. No had after final judgment, exception. - An accused shall not
be allowed bail after the judgment has become final, unless he has applied
for probation before commencing to serve sentence, the penalty and the
offense being within the purview of the Probation Law. In case the accused
has applied for probation, he may be allowed temporary liberty under his bail
bond, but if no bail was filed or the accused is incapable of filing one, the
court may allow his release on recognizance under the custody of a
responsible member of the community. In no case shall bail be allowed after
the accused has commenced to serve sentence.
SEC. 12. Rules in computing the bail to be recommended. - To achieve
uniformity in the amount of bail to be recommended, the following rules shall
be observed:
1) Where the penalty is reclusion perpetua, life imprisonment, reclusion
perpetua to death or death, bail is not a matter of right; hence, it shall not
be recommended.
2) Where bail is a matter of right and the imposable penalty is imprisonment
and/or fine, the bail shall be computed on the basis of the penalty of
imprisonment applying the following rules:
i) where the penalty is reclusion temporal (regardless of period) to
reclusion perpetua, bail shall be computed based on the
maximum of reclusion temporal.
ii) where the imposable penalty is correccional or afflictive, bait
shall be based on the maximum of the penalty, multiplied by
P2,000.00. A fraction of a year shall be rounded-off to one year.
iii) for crimes covered by the Rules on Summary Procedure and
Republic Act No. 6036, bail is not required except when
respondent/accused is under arrest, in which case, bail shall be
computed in accordance with this guideline.
iv) iv for crimes of reckless imprudence resulting in homicide
arising from violation of the Land Transportation and Traffic
Code, bail shall be P30,000.00 per deceased person.
v) for violation of Batas Pambansa Blg. 22, bail shall be 50% of the
amount of check but should not be less than P2,000.O0nor more
than P30,000.00.
Where the imposable penalty is only a fine, bail shall be computed as
follows:
i) fine not exceeding P2,000.00,bail is not required.
ii) fine of more than P2,000.00,bail shall be 50% of the fine but
should not exceed P30,000.00.
iii) in case of reckless imprudence resulting to damage to
property, bail shall be three-eighths (3/8) of the value of the
damage but not exceeding P30,OOO.OO except when
covered by the Rules on Summary Procedure.
1) Bail based on the maximum penalty, multiplied by P1O,OOO.OO,shall be
applied to the following offenses under the following laws:
a) Republic Act No.6425 (Dangerous Drugs Act), as amended by RA
7659;
b) Republic Act No.6539 (Anti-Carnapping Act), as amended by RA
7659;
c) Republic Act No.7659 (for other crimes covered by it);
d) Presidential Decree No. 186 (Illegal Possession of Firearms,
Ammunition or Explosives), as amended by RA 8294;
e) Republic Act No. 1937 (Tariff and Customs Code), as amended; or
f) Rebellion, insurrection or Coup d'etat as amended by Republic Act
No.6968.
SEC. 13. Petition for bail in a continuous trial. - In case a petition for bail is
filed by the accused and the court orders a continuous trial of the case, the
public prosecutor shall be prepared with his principal witnesses. Where there
are several accused and one or two filed a petition to bail, the trial prosecutor
shall, before the presentation of his first witness, manifest in open court that
the evidence to be presented in the hearing of the petition for bail shall be
adopted as its evidence-inchief.
25
 DOJ INQUEST AND PRELIMINARY INVESTIGATION PROCEDURE | CRIMINAL PROCEDURE
PART VI. ARREST
SECTION 1. Definition of probable cause as a ground for an arrest or
issuance of a warrant of arrest. - Probable cause is such facts and
circumstances which would lead a reasonably discreet and prudent man to
believe that an offense has been committed by the person sought to be
75
arrested.
SEC. 2. Remedy if no warrant of arrest is issued by the investigating
judge. -If the investigating judge is satisfied that there is probable cause but
did not issue the warrant of arrest contrary to the prosecutor's belief that
there is a need to place the accused under custody, the speedy and
adequate remedy of the prosecutor is to immediately file the information so
that the Regional Trial Court judge may issue the warrant for the arrest of the
76
accused.
SEC. 3. Request for a copy of the return. - If a warrant of arrest has been
issued, the prosecutor may request the warrant officer that he be furnished
with the officer's return relative thereto. The prosecutor shall, as far as
practicable, coordinate with the witnesses from time to time to ascertain the
whereabouts of the accused pending the latter's arrest.
PART VII. ARRAIGNMENT AND PLEA
SECTION 1. Concept of arraignment. - Arraignment is a mandatory
requirement that seeks to give the accused the opportunity, at the first
instance, to know why the prosecuting arm of government has been
mobilized against him and to plead. At the arraignment, the accused may
enter a plea of guilty or not guilty.
SEC. 2. Duties of trial prosecutor. -
a) Before the arraignment of the accused, the trial prosecutor shall
examine the information vis-a-vis the resolution of the investigating
prosecutor in order to make the necessary corrections or revisions
and to ensure that the information is sufficient in form and substance.
75 Bemas, The Constitution of the Republic of the Philippines, a
Commentary, Vol. I, First Ed., 1987, pp.86-87 cited in Department
Circular No.24, dated March 24 1995.
76 Samulde vs. Salvani,Jr., 165 SCRA 724 [1988].
b) After arraignment, the trial prosecutor shall prepare his witnesses for
trial. Government witnesses, e.g. medico-legal officer, chemist,
forensic experts, examiners etc. should, as much as practicable, be
presented in accordance with the logical a~d chronological sequence
of the technical aspects to be proved.
SEC. 3. Effect of filing a petition for review. - When an aggrieved
partymanifests in court that he has a pending petition for review with the
Department of Justice and moves for a deferment of the arraignment pending
resolution of his petition, the Trial Prosecutor may conform thereto once
proof of said petition has been presented by the petitioner to his satisfaction.
SEC. 4. Concept of plea. - The plea is the reply of the accused to the
charge. It raises the issue to be tried and on which the judgment/sentence of
the court can be properly based.
77
PART VIII. PRE-TRIAL
SECTION 1. Concept of pre-trial. - A pre-trial is a process whereby the
accused and the prosecutors in a criminal case work out, usually at the
arraignment stage, a naturally satisfactory disposition of a case subject to
78
court approval in order to expedite the trial of the case.
The prosecutor shall enter into a pre-trial only when the accused and counsel
agree and upon order of the court.
SEC. 2. Duties of prosecutor before and after the pre-trial conference. -
Before the pre-trial conference, the prosecutor should know every fact and
detail of the case. This can be accomplished by interviewing the complainant
and other witnesses and after a thorough examination of the available
documentary and other physical evidence. The prosecutor should place
importance ';;n the testimony of the expert witness. The knowledge that the
prosecutor will gain from said witness will help him determine the procedures
undertaken in the examination of a subject or thing; the scientific or technical
terms applied, and the reason/s in arriving at a certain conclusion.
During the pre-trial process, the prosecutor shall bear in mind that he has to
prove his case beyond a reasonable doubt and that every act or incident
should be proved by the testimony of qualified and competent witnesses.
77 Rule 118, Rules on Criminal Procedure.
78 Black's Law Dictionary, 5th Ed. 1979, p.1037.
26
 DOJ INQUEST AND PRELIMINARY INVESTIGATION PROCEDURE | CRIMINAL PROCEDURE
After the pre-trial conference, the prosecutor shall ensure that any agreement
or admission made or entered therein is in writing and signed by the accused
and his counsel.
SEC. 3. Subject matters of pre-trial. - The pre-trial conference shall
consider the following:
a) Plea bargaining - This is a process where the defendants usually
plead guilty to a lesser offense or to only one or some of the counts
of a multi-count indictment in return for a lighter sentence than that
79
for the graver charge ;
b) Stipulation of facts- This is the agreement of the parties on some
facts admitted, some facts covered by judicial notice (Sec. 1, Rule
129), judicial admissions (Sec. 2 Rule 129), or on matters not
otherwise disputed by them. In cases requiring the presentation of
government witnesses or evidence, the Trial Prosecutor should exert
every effort to secure a waiver by the accused of objections to the
admissibility of certain documentary evidence, e.g., medical or death
cenificare, necropsy report, forensic chemistry report, ballistics
report, PhilippineOverseas and Employment Administration (POEA)
Certification, and the like, if such evidence has no relevance
whatsoever to the theory of the defense, in order to d~spense with
the presentation and testimony in court of government witnesses.
Whenever appropriate or necessary, the counter-affidavit of the
accused submitted luring the preliminary investigation may be
resorted to or availed of to denions~rate or establish the defense
theory;
c) Marking of documentary evidence in advance for identification;
d) Waiver in advance of objections to admissibility of evidence;
e) List of witnesses to be presented which should be qualified by the
following statement: "that other witnesses may be presented in the
course of the trial"; and
f) Such other matters as will promote a fair and expeditious trial.
SEC. 4. Plea of guilty to a lesser offense. - The following rules shall apply
to cases where the accused pleads guilty to a lesser offense:
a) The Trial Prosecutor shall immediately move for the suspension of the
79 ibid, p.1037.
proceedings whenever the accused manifests his intention in court to
plead guilty to a lesser offense. This will enable the Trial Prosecutor to
evaluate the implications of the offer.
b) If the lesser offense to which the accused will plead guilty is not a capital
offense, the Trial Prosecutor may dispense with the presentation of
evidence unless the court directs otherwise.
c) The Trial Prosecutor, with the consent of the offended party, may motu
propno agree to the offer of the accused to plead guilty to a lesser
offense if the penalty imposable therefor is prision correcional (maximum
of six [61 years) or less or a fine not exceeding P12,OOO.OO.
d) When the penalty imposable for the offense charged is prision mayor (at
least six [6] years and one [11 day or higher) or a fine exceeding
~12,OOO.OO, the Trial Prosecutor shall first submit his
comment/recommendation to the City or Provincial Prosecutor or to the
Chief State Prosecutor, as the case may be, for approval. If the
recommendation is approved in writing, the Trial Prosecutor, may, with
the consent of the offended party, agree to a plea of guilty to a lesser
offense. For this purpose, the Chief State Prosecutor or the Provincial or
City Prosecutor concerned shall act on the recommendation of the Trial
Prosecutor within forty-eight (48) hours from receipt thereof. In no case
shall the subject plea to a lesser offense be allowed without the written
approval of the above respective heads of office.
e) In all cases, the penalty for the lesser offense to which the accused may
be allowed to plead guilty shall not be more than two (2) degrees lower
than the imposable penalty for the crime charged, notwithstanding the
presence of mitigating circumstances. The lesser offense shall also be
one that is necessarily related to the offense charged or the offense must
belong to the same classification or title under the Revised Penal Code
80
or the relevant special laws.
However, the plea of guilty to a lesser offense may not be allowed where it
so contravenes lo~ nd common sense as to be unconscionable, thereby
resulting in us, where the offense charged is homicide, a plea of guilty to a
lesser offense of frustrated or attempted homicide, may not be allowed, since
the fact of death cannot be reconciled with the plea of guilty to frustrated or
attempted homicide. Homicide necessarily produces death, while frustrated
81
or attempted homicide does not.
SEC. 5. when accused pleads guilty to a capital offense. - If the accused
pleads guilty to a capital offense, the Trial Prosecutor must present evidence
80 Department of Justice Circular No.55, dated 31 July 1990.
81 Amatan vs. Aujero 248 SCRA 511(1995).
27
 DOJ INQUEST AND PRELIMINARY INVESTIGATION PROCEDURE | CRIMINAL PROCEDURE
to prove the guilt of the accused and the precise degree of his culpability.
This is mandatory.
PART IX. TRIAL'
SECTION 1. Definition of trial. - A trial is a judicial examination of the
claims at issue in a case which are presented by the prosecution and
defense to enable the court to arrive at a judgment pronouncing either the
guilt or innocence of the accused.2
SEC. 2. Concept of trial. - The object of a trial is to mete out justice, and to
convict the guilty and protect the innocent. Thus, the trial should be a search
for the truth and not a contest over technicalities and must be conducted
under such rules as will protect the innocent.3
SEC. 3. Expeditious prosecution of criminal cases filed with the courts.
-The Trial Prosecutor shall always be prepared to conduct the prosecution
with his witnesses who shall be subpoenaed well in advance of the
scheduled trial dates.4 No postponement of the trial or other proceedings of
a criminal case shall be initiated or caused by the Trial Prosecutor except in
instances where the postponement is occasioned by the absence of material
witnesses or for other causes beyond his control or not attributable to him.
SEC. 4. Order of presentation of witnesses. -
a) The order in the presentation of witnesses will be left to the discretion of
the Trial Prosecutor. However, the prosecutor should take into
consideration the order of events as established by the evidence of the
prosecution.
b) Witnesses who will testify for the first time shall be afforded the
opportunity to be advised to observe criminal proceedings in court to help
them overcome their anxiety, excitement and tension.
SEC. 5. Preparation of formal offer of exhibits. - The Trial Prosecutor shall
safely keep his documentary and other physical evidence and prepare a list
thereof in the order they have been marked as exhibits, identifying each by
letter or number, describing it briefly, and stating its specific purpose or
purposes.
SEC. 6. Defense evidence. -
a) Before reception of evidence for the defense starts, the Trial Prosecutor
shall ask from the adverse counsel the number of witnesses he intends
to present.
b) If the names of defense witnesses are disclosed the Trial Prosecutor
shall elicit from reliable sources the whereabouts of these witnesses,
their moral character,, background, reasons for testifying and relationship
with the accused, among other things, to enable him to have a clear view
of the defense of the accused.
SEC. 7. Discharge of accused to he state witness. - When two or more
persons are jointly charged with the commission of any offense, upon motion
of the prosecution before resting its case, the court may direct one or more of
the accused to be discharged with their consent so that they may be
witnesses for the state provided the court, after hearing, is satisfied that:
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,6 as when
he alone has knowledge of the crime, and not when his testimony would
simply corroborate or otherwise strengthen the evidence in the hands of
the prosecution;7
c) The testimony of said accused can be substantially corroborated in its
material points. This is an indispensable requirement because it is a
notorious fact in human nature that a culprit, confessing to a crime, is
likely to put the blame on others rather than himself. Thus, even though
a court may get the statement of a discharged accused that other
particular persons were engaged in the crime, it is unsafe to accept
without corroborating evidence, his statements concerning the relative
blame to be attached to different members of his gang;
d) Said accused does not appear to be the most guilty.9 The mere fact that
the witness sought to be discharged had pleaded guilty In the crime
charged does not violate the rule that the discharged defendant must not
"appear to be the most guilty”. And even if the witness should lack some
of the qualifications enumerated by Sec. 9, Rule 119, his testimony will
not, for that reason alone, be discarded or disregarded.10 The ground
underlying the rule is not to let a crime that has been committed go
unpunished; so an accused who is not the most guilty is allowed to
testify against the most guilty, in order to achieve the greater purpose
of securing the conviction of the more or most guilty and the greatest
number among the accused permitted to be convicted for the offense
they committed.'' However, although an accused did not commit anv of
28
 DOJ INQUEST AND PRELIMINARY INVESTIGATION PROCEDURE | CRIMINAL PROCEDURE

the stabbing, it is a mistake to discharge him as a state \witness where b) Any person who has participated in the commission of a crime and
he is bound in a conspiracy. All the perpetrators of the offense bound in desires to be a witness for the State, whenever the following
conspiracy are equally guilty. circumstances are present:

Said accused has not at any time been convicted of any offense involving i) the offense in which testimony will be used is a grave felony as
moral turpitude. defined under the Revised Penal Code or its equivalent under
special laws;
Evidence adduced in support of the discharge sha11 automatically form part ii) there is absolute necessity for his testimony;
of the trial. If the court denies the motion for discharge of the accused as iii) there is no other direct evidence available for the proper
state witness, his sworn statement shall be inadmissible in evidence. prosecution of the offense committed;
iv) his testimony can be substantially corroborated on its material
SEC. 8. Witness protection. - An accused who is discharged from an points;
information or criminal complaint in order that he may be a state witness as v) he does not appear to be the most guilty; and
provided in the preceding section may, upon his petition, be admitted to the vi) he has not at any time been convicted of any crime involving
Witness Protection Program under R.A. No.6981, "The Witness Protection, moral turpitude.
Security and Benefit Act" if he complies with the other requirements of said
Act. SEC. 10. Motions for postponement of accused. - Motions for
postponement that are initiated by the accused should be vigorously
SEC. 9. Other persons who may avail of the Witness Protection opposed by the Trial Prosecutor and he should make of record his objections
Program. -The following may also avail of the Witness Protection Program thereto, leaving to the court's discretion the disposition of the subject
under R.A. No. 6981: motions.'3

a) Any person who has witnessed or has knowledge of or information SEC. 11. Discontinuance of proceedings. - During the presentation of the
on the commission of a crime and has testified or is testifying or is prosecution's evidence, the Trial Prosecutor shall not cause or allow the
about to testify before any judicial or quasijudicial body, or before discontinuance of the proceedings except for other similarly compelling
any investigating authority, Provided, that:
reasons not attributable to him.14
i) the offense in which his testimony will be used is a grave felony
SEC. 12. Presentation of evidence. - Each party is bound to complete the
as defined under the Revised Penal Code or its equivalent under
presentation of his evidence within the trial dates assigned to him. After the
special laws;
lapse of said dates, the party is deemed to have completed his evidence
ii) his testimony can be substantially corroborated on its material
presentation. However, upon verified motion based on serious reasons, the
points;
judge may allow the party additional trial dates in the afternoon; provided that
iii) he or any member of his family within the second civil degree of
said extension will not go beyond the three-month limit computed from the
consanguinity or affinity is subjected to threats to his life or bodily
first trial date.
injury or there is a likelihood that he will be killed, forced,
intimidated, harassed or corrupted to prevent him from testifying,
Where a Trial Prosecutor, without good cause, secures postponements of
or to testify falsely or evasively, because or on account of his
the trial over the objections of a defendant beyond a reasonable period of
testimony; and
time, the accused is entitled to relief by a proceeding in mandamus to compel
iv) he is not a law enforcement officer, even if he would be testifying
a dismissal of the information, or if he be restrained of his liberty, by habeas
against other law enforcement officers. In such a case, only the
corpus to obtain his freedom.
immediate members of his family may avail themselves of the
protection provided for under the Act.
SEC. 13. Order of trial.- Upon receipt of the notice of trial, the prosecutor

29
 DOJ INQUEST AND PRELIMINARY INVESTIGATION PROCEDURE | CRIMINAL PROCEDURE
shall review the record of the case for trial and complete his preparation
therefore bearing in mind that trial, once commenced, may continue from day
to day until terminated, and that trial shall proceed in the following order
pursuant to Sec. 3, Rule 119 of the Rules of Criminal Procedure:
a) The prosecution shall present evidence to prove the charge and, in the
proper case, the civil liability.
b) The accused may present evidence to prove his defense, and damages,
if any, arising from the issuance of any provisional remedy in the case.
c) The parties may then respectively present rebutting evidence only,
unless the court, in furtherance of justice, permits them to present
additional evidence bearing upon the main issue.
d) Upon admission of the evidence, the case shall be deemed submitted for
decision unless the court directs the parties to argue orally or to submit
memoranda.
e) However, when the accused admits the act or omission charged in the
complaint or information but interposes a lawful defense, the order of trial
may be modified accordingly.
refusal on the part of the accused to attend the examination after notice
herein before provided, shall be considered a waiver. The statement thus
taken may be admitted on behalf of or against the accused.
SEC. 16. Cross-Examination of defense witnesses. The prosecutor shall
endeavor to secure well in advance all available information about a defense
witness in order to prepare for an effective cross-examination. Where the
testimony of a defense witness bears no effect on the evidence of the
prosecution, a cross-examination need not be conducted.
SEC. 17. Rebuttal evidence.- The presentation and nature of rebuttal
evidence will depend on the effect which the defense evidence may have
caused on the prosecution's evidence-in-chief. The recall of a witness who
already testified during the evidence-in-chief presentation merely to refute
what a defense witness may have stated during his defense testimony is not
generally a rebuttal evidence. \Where there is nothing to refute, rebuttal
evidence is unnecessary.

SEC. 14. Presentation of witnesses.- The order in the presentation of

witnesses shall, as far as practicable, conform to he logical sequence of
events obtaining in the case on trial in order to present a clear, organized
and coherent picture to the court of the prosecution's evidence.

For example, in the case of prosecution under the Dangerous Drugs Law, the
Trial Prosecutor should present the forensic chemist who examined the
dangerous drug ahead of the other witnesses in order that the court may at
once have a view of the real evidence (either the prohibited or regulated drug
subject of the case) and so that such evidence may immediately identified by
the other witnesses thus avoiding the recall of witnesses later on.

The rule of logical sequencing notwithstanding, a witness whose testimony is

vital to the case and whose life is in danger or who may be sick/injured arid
may possibly die, should be made to testify as early as practicable.

SEC. 15. Examination of witnesses for the prosecution.-Where it shall

satisfactorily appear that the witness for the prosecution is too sick or infirm
to appear at the trial as directed by order of the court, or has to leave the
Philippines with no definite date of returning thereto, he may forthwith be
conditionally examined before the judge or the court where the case is
pending. Such examination in the presence of the accused, or after
reasonable notice to attend the examination has been served on him, will be
conducted in the same manner as an examination at the trial. Failure or
30

A.M. NO. 004-07-SC November 21, 2000 information about a child or his family and that is produced or
RULE ON EXAMINATION OF A CHILD WITNESS maintained by a public agency, private agency, or individual.
Section 1. Applicability of the Rule. - Unless otherwise provided, this Rule
shall govern the examination of child witnesses who are victims of crime,
accused of a crime, and witnesses to crime. It shall apply in all criminal
proceedings and non-criminal proceedings involving child witnesses.
Section 2. Objectives. - The objectives of this Rule are to create and
maintain an environment that will allow children to give reliable and complete
evidence, minimize trauma to children, encourage children to testify in legal
proceedings, and facilitate the ascertainment of truth.
Section 3. Construction of the Rule. - This Rule shall be liberally construed
to uphold the best interests of the child and to promote maximum
accommodation of child witnesses without prejudice to the constitutional
rights of the accused.
Section 4. Definitions. -
(a) A "child witness" is any person who at the time of giving
testimony is below the age of eighteen (18) years. In child abuse
cases, a child includes one over eighteen (18) years but is found by
the court as unable to fully take care of himself or protect himself
from abuse, neglect, cruelty, exploitation, or discrimination because
of a physical or mental disability or condition.
(b) "Child abuse" means physical, psychological, or sexual abuse,
and criminal neglect as defined in Republic Act No. 7610 and other
related laws.
(c) "Facilitator" means a person appointed by the court to pose
questions to a child.
(d) "Record regarding a child" or "record" means any photograph,
videotape, audiotape, film, handwriting, typewriting, printing,
electronic recording, computer data or printout, or other
memorialization, including any court document, pleading, or any
copy or reproduction of any of the foregoing, that contains the name,
description, address, school, or any other personal identifying
SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE
(e) A "guardian ad litem" is a person appointed by the court where
the case is pending for a child who is a victim of, accused of, or a
witness to a crime to protect the best interests of the said child.
(f) A "support person" is a person chosen by the child to accompany
him to testify at or attend a judicial proceeding or deposition to
provide emotional support for him.
(g) "Best interests of the child" means the totality of the
circumstances and conditions as are most congenial to the survival,
protection, and feelings of security of the child and most encouraging
to his physical, psychological, and emotional development. It also
means the least detrimental available alternative for safeguarding the
growth and development of the child.
(h) "Developmental level" refers to the specific growth phase in which
most individuals are expected to behave and function in relation to
the advancement of their physical, socio-emotional, cognitive, and
moral abilities.
(i) "In-depth investigative interview" or "disclosure interview" is an
inquiry or proceeding conducted by duly trained members of a
multidisciplinary team or representatives of law enforcement or child
protective services for the purpose of determining whether child
abuse has been committed.
Section 5. Guardian ad litem. -
(a) The court may appoint a guardian ad litem for a child who is a
victim of, accused of, or a witness to a crime to promote the best
interests of the child. In making the appointment, the court shall
consider the background of the guardian ad litem and his familiarity
with the judicial process, social service programs, and child
development, giving preference to the parents of the child, if
qualified. The guardian ad litem may be a member of the Philippine
Bar. A person who is a witness in any proceeding involving the child
cannot be appointed as a guardian ad litem.
1

(b) The guardian ad litem:
(1) Shall attend all interviews, depositions, hearings, and trial
proceedings in which a child participates;
(2) Shall make recommendations to the court concerning the
welfare of the child;
(3) Shall have access to all reports, evaluations, and records
necessary to effectively advocate for the child, except
privileged communications;
(4) Shall marshal and coordinate the delivery of resources
and special services to the child;
(5) Shall explain, in language understandable to the child, all
legal proceedings, including police investigations, in which
the child is involved;
(6) Shall assist the child and his family in coping with the
emotional effects of crime and subsequent criminal or non-
criminal proceedings in which the child is involved;
(7) May remain with the child while the child waits to testify;
(8) May interview witnesses; and
(9) May request additional examinations by medical or
mental health professionals if there is a compelling need
therefor.
(c) The guardian ad litem shall be notified of all proceedings but shall
not participate in the trial. However, he may file motions pursuant to
sections 9, 10, 25, 26, 27 and 31(c). If the guardian ad litem is a
lawyer, he may object during trial that questions asked of the child
are not appropriate to his developmental level.
(d) The guardian ad litem may communicate concerns regarding the
child to the court through an officer of the court designated for that
purpose.
SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE
(e) The guardian ad litem shall not testify in any proceeding
concerning any information, statement, or opinion received from the
child in the course of serving as a guardian ad litem, unless the court
finds it necessary to promote the best interests of the child.
(f) The guardian ad litem shall be presumed to have acted in good
faith in compliance with his duties described in sub-section (b).
Section 6. Competency. - Every child is presumed qualified to be a witness.
However, the court shall conduct a competency examination of a child, motu
proprio or on motion of a party, when it finds that substantial doubt exists
regarding the ability of the child to perceive, remember, communicate,
distinguish truth from falsehood, or appreciate the duty to tell the truth in
court.
(a) Proof of necessity. - A party seeking a competency examination
must present proof of necessity of competency examination. The age
of the child by itself is not a sufficient basis for a competency
examination.
(b) Burden of proof. - To rebut the presumption of competence
enjoyed by a child, the burden of proof lies on the party challenging
his competence.
(c) Persons allowed at competency examination. Only the following
are allowed to attend a competency examination:
(1) The judge and necessary court personnel;
(2) The counsel for the parties;
(3) The guardian ad litem;
(4) One or more support persons for the child; and
(5) The defendant, unless the court determines that
competence can be fully evaluated in his absence.
(d) Conduct of examination. - Examination of a child as to his
competence shall be conducted only by the judge. Counsel for the
2

parties, however, can submit questions to the judge that he may, in
his discretion, ask the child.
(e) Developmentally appropriate questions. - The questions asked at
the competency examination shall be appropriate to the age and
developmental level of the child; shall not be related to the issues at
trial; and shall focus on the ability of the child to remember,
communicate, distinguish between truth and falsehood, and
appreciate the duty to testify truthfully.
(f) Continuing duty to assess competence. - The court has the duty of
continuously assessing the competence of the child throughout his
testimony.
Section 7. Oath or affirmation. - Before testifying, a child shall take an oath
or affirmation to tell the truth.
Section 8. Examination of a child witness. - The examination of a child
witness presented in a hearing or any proceeding shall be done in open
court. Unless the witness is incapacitated to speak, or the question calls for a
different mode of answer, the answers of the witness shall be given orally.
The party who presents a child witness or the guardian ad litem of such child
witness may, however, move the court to allow him to testify in the manner
provided in this Rule.
Section 9. Interpreter for child. -
(a) When a child does not understand the English or Filipino
language or is unable to communicate in said languages due to his
developmental level, fear, shyness, disability, or other similar reason,
an interpreter whom the child can understand and who understands
the child may be appointed by the court, motu proprio or upon
motion, to interpret for the child.
(b) If a witness or member of the family of the child is the only person
who can serve as an interpreter for the child, he shall not be
disqualified and may serve as the interpreter of the child. The
interpreter, however, who is also a witness, shall testify ahead of the
child.
SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE
(c) An interpreter shall take an oath or affirmation to make a true and
accurate interpretation.
Section 10. Facilitator to pose questions to child. -
(a) The court may, motu proprio or upon motion, appoint a facilitator
if it determines that the child is unable to understand or respond to
questions asked. The facilitator may be a child psychologist,
psychiatrist, social worker, guidance counselor, teacher, religious
leader, parent, or relative.
(b) If the court appoints a facilitator, the respective counsels for the
parties shall pose questions to the child only through the facilitator.
The questions shall either be in the words used by counsel or, if the
child is not likely to understand the same, in words that are
comprehensible to the child and which convey the meaning intended
by counsel.
(c) The facilitator shall take an oath or affirmation to pose questions
to the child according to the meaning intended by counsel.
Section 11. Support persons. -
(a) A child testifying at a judicial proceeding or making a deposition
shall have the right to be accompanied by one or two persons of his
own choosing to provide him emotional support.
(1) Both support persons shall remain within the view of the
child during his testimony.
(2) One of the support persons may accompany the child to
the witness stand, provided the support person does not
completely obscure the child from the view of the opposing
party, judge, or hearing officer.
(3) The court may allow the support person to hold the hand
of the child or take other appropriate steps to provide
emotional support to the child in the course of the
proceedings.
3

(4) The court shall instruct the support persons not to
prompt, sway, or influence the child during his testimony.
(b) If the support person chosen by the child is also a witness, the
court may disapprove the choice if it is sufficiently established that
the attendance of the support person during the testimony of the
child would pose a substantial risk of influencing or affecting the
content of the testimony of the child.
(c) If the support person who is also a witness is allowed by the
court, his testimony shall be presented ahead of the testimony of the
child.
Section 12. Waiting area for child witnesses. - The courts are encouraged
to provide a waiting area for children that is separate from waiting areas used
by other persons. The waiting area for children should be furnished so as to
make a child comfortable.
Section 13. Courtroom environment. - To create a more comfortable
environment for the child, the court may, in its discretion, direct and
supervise the location, movement and deportment of all persons in the
courtroom including the parties, their counsel, child, witnesses, support
persons, guardian ad litem, facilitator, and court personnel. The child may be
allowed to testify from a place other than the witness chair. The witness chair
or other place from which the child testifies may be turned to facilitate his
testimony but the opposing party and his counsel must have a frontal or
profile view of the child during the testimony of the child. The witness chair or
other place from which the child testifies may also be rearranged to allow the
child to see the opposing party and his counsel, if he chooses to look at
them, without turning his body or leaving the witness stand. The judge need
not wear his judicial robe.
Nothing in this section or any other provision of law, except official in-court
identification provisions, shall be construed to require a child to look at the
accused.
Accommodations for the child under this section need not be supported by a
finding of trauma to the child.
SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE
Section 14. Testimony during appropriate hours. - The court may order
that the testimony of the child should be taken during a time of day when the
child is well-rested.
Section 15. Recess during testimony. -
The child may be allowed reasonable periods of relief while undergoing
direct, cross, re-direct, and re-cross examinations as often as necessary
depending on his developmental level.
Section 16. Testimonial aids. - The court shall permit a child to use dolls,
anatomically-correct dolls, puppets, drawings, mannequins, or any other
appropriate demonstrative device to assist him in his testimony.
Section 17. Emotional security item. - While testifying, a child shall be
allowed to have an item of his own choosing such as a blanket, toy, or doll.
Section 18. Approaching the witness. - The court may prohibit a counsel
from approaching a child if it appears that the child is fearful of or intimidated
by the counsel.
Section 19. Mode of questioning. - The court shall exercise control over
the questioning of children so as to (1) facilitate the ascertainment of the
truth, (2) ensure that questions are stated in a form appropriate to the
developmental level of the child, (3) protect children from harassment or
undue embarrassment, and (4) avoid waste of time.
The court may allow the child witness to testify in a narrative form.
Section 20. Leading questions. - The court may allow leading questions in
all stages of examination of a child if the same will further the interests of
justice.
Section 21. Objections to questions. - Objections to questions should be
couched in a manner so as not to mislead, confuse, frighten, or intimidate the
child.
Section 22. Corroboration. - Corroboration shall not be required of a
testimony of a child. His testimony, if credible by itself, shall be sufficient to
support a finding of fact, conclusion, or judgment subject to the standard of
proof required in criminal and non-criminal cases.
4

Section 23. Excluding the public. - When a child testifies, the court may
order the exclusion from the courtroom of all persons, including members of
the press, who do not have a direct interest in the case. Such an order may
be made to protect the right to privacy of the child or if the court determines
on the record that requiring the child to testify in open court would cause
psychological harm to him, hinder the ascertainment of truth, or result in his
inability to effectively communicate due to embarrassment, fear, or timidity. In
making its order, the court shall consider the developmental level of the child,
the nature of the crime, the nature of his testimony regarding the crime, his
relationship to the accused and to persons attending the trial, his desires,
and the interests of his parents or legal guardian. The court may, motu
proprio, exclude the public from the courtroom if the evidence to be produced
during trial is of such character as to be offensive to decency or public
morals. The court may also, on motion of the accused, exclude the public
from trial, except court personnel and the counsel of the parties.
Section 24. Persons prohibited from entering and leaving courtroom. -
The court may order that persons attending the trial shall not enter or leave
the courtroom during the testimony of the child.
Section 25. Live-link television testimony in criminal cases where the
child is a victim or a witness. -
(a) The prosecutor, counsel or the guardian ad litem may apply for
an order that the testimony of the child be taken in a room outside
the courtroom and be televised to the courtroom by live-link
television.
Before the guardian ad litem applies for an order under this section,
he shall consult the prosecutor or counsel and shall defer to the
judgment of the prosecutor or counsel regarding the necessity of
applying for an order. In case the guardian ad ltiem is convinced that
the decision of the prosecutor or counsel not to apply will cause the
child serious emotional trauma, he himself may apply for the order.
The person seeking such an order shall apply at least five (5) days
before the trial date, unless the court finds on the record that the
need for such an order was not reasonably foreseeable.
(b) The court may motu proprio hear and determine, with notice to
the parties, the need for taking the testimony of the child through
live-link television.
SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE
(c) The judge may question the child in chambers, or in some
comfortable place other than the courtroom, in the presence of the
support person, guardian ad litem, prosecutor, and counsel for the
parties. The questions of the judge shall not be related to the issues
at trial but to the feelings of the child about testifying in the
courtroom.
(d) The judge may exclude any person, including the accused,
whose presence or conduct causes fear to the child.
(e) The court shall issue an order granting or denying the use of live-
link television and stating the reasons therefor. It shall consider the
following factors:
(1) The age and level of development of the child;
(2) His physical and mental health, including any mental or
physical disability;
(3) Any physical, emotional, or psychological injury
experienced by him;
(4) The nature of the alleged abuse;
(5) Any threats against the child;
(6) His relationship with the accused or adverse party;
(7) His reaction to any prior encounters with the accused in
court or elsewhere;
(8) His reaction prior to trial when the topic of testifying was
discussed with him by parents or professionals;
(9) Specific symptoms of stress exhibited by the child in the
days prior to testifying;
(10) Testimony of expert or lay witnesses;
5

(11) The custodial situation of the child and the attitude of
the members of his family regarding the events about which
he will testify; and
(12) Other relevant factors, such as court atmosphere and
formalities of court procedure.
(f) The court may order that the testimony of the child be taken by
live-link television if there is a substantial likelihood that the child
would suffer trauma from testifying in the presence of the accused,
his counsel or the prosecutor as the case may be. The trauma must
be of a kind which would impair the completeness or truthfulness of
the testimony of the child.
(g) If the court orders the taking of testimony by live-link television:
(1) The child shall testify in a room separate from the
courtroom in the presence of the guardian ad litem; one or
both of his support persons; the facilitator and interpreter, if
any; a court officer appointed by the court; persons
necessary to operate the closed-circuit television equipment;
and other persons whose presence are determined by the
court to be necessary to the welfare and well-being of the
child;
(2) The judge, prosecutor, accused, and counsel for the
parties shall be in the courtroom. The testimony of the child
shall be transmitted by live-link television into the courtroom
for viewing and hearing by the judge, prosecutor, counsel for
the parties, accused, victim, and the public unless excluded.
(3) If it is necessary for the child to identify the accused at
trial, the court may allow the child to enter the courtroom for
the limited purpose of identifying the accused, or the court
may allow the child to identify the accused by observing the
image of the latter on a television monitor.
(4) The court may set other conditions and limitations on the
taking of the testimony that it finds just and appropriate,
taking into consideration the best interests of the child.
SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE
(h) The testimony of the child shall be preserved on videotape, digital
disc, or other similar devices which shall be made part of the court
record and shall be subject to a protective order as provided in
section 31(b).
Section 26. Screens, one-way mirrors, and other devices to shield child
from accused. -
(a) The prosecutor or the guardian ad litem may apply for an order
that the chair of the child or that a screen or other device be placed
in the courtroom in such a manner that the child cannot see the
accused while testifying. Before the guardian ad litem applies for an
order under this section, he shall consult with the prosecutor or
counsel subject to the second and third paragraphs of section 25(a)
of this Rule. The court shall issue an order stating the reasons and
describing the approved courtroom arrangement.
(b) If the court grants an application to shield the child from the
accused while testifying in the courtroom, the courtroom shall be
arranged to enable the accused to view the child.
Section 27. Videotaped deposition. -
(a) The prosecutor, counsel, or guardian ad litem may apply for an
order that a deposition be taken of the testimony of the child and that
it be recorded and preserved on videotape. Before the guardian ad
litem applies for an order under this section, he shall consult with the
prosecutor or counsel subject to the second and third paragraphs of
section 25(a).
(b) If the court finds that the child will not be able to testify in open
court at trial, it shall issue an order that the deposition of the child be
taken and preserved by videotape.
(c) The judge shall preside at the videotaped deposition of a child.
Objections to deposition testimony or evidence, or parts thereof, and
the grounds for the objection shall be stated and shall be ruled upon
at the time of the taking of the deposition. The other persons who
may be permitted to be present at the proceeding are:
(1) The prosecutor;
6

(2) The defense counsel;
(3) The guardian ad litem;
(4) The accused, subject to sub-section (e);
(5) Other persons whose presence is determined by the
court to be necessary to the welfare and well-being of the
child;
(6) One or both of his support persons, the facilitator and
interpreter, if any;
(7) The court stenographer; and
(8) Persons necessary to operate the videotape equipment.
(d) The rights of the accused during trial, especially the right to
counsel and to confront and cross-examine the child, shall not be
violated during the deposition.
(e) If the order of the court is based on evidence that the child is
unable to testify in the physical presence of the accused, the court
may direct the latter to be excluded from the room in which the
deposition is conducted. In case of exclusion of the accused, the
court shall order that the testimony of the child be taken by live-link
television in accordance with section 25 of this Rule. If the accused is
excluded from the deposition, it is not necessary that the child be
able to view an image of the accused.
(f) The videotaped deposition shall be preserved and
stenographically recorded. The videotape and the stenographic
notes shall be transmitted to the clerk of the court where the case is
pending for safekeeping and shall be made a part of the record.
(g) The court may set other conditions on the taking of the deposition
that it finds just and appropriate, taking into consideration the best
interests of the child, the constitutional rights of the accused, and
other relevant factors.
SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE
(h) The videotaped deposition and stenographic notes shall be
subject to a protective order as provided in section 31(b).
(i) If, at the time of trial, the court finds that the child is unable to
testify for a reason stated in section 25(f) of this Rule, or is
unavailable for any reason described in section 4(c), Rule 23 of the
1997 Rules of Civil Procedure, the court may admit into evidence the
videotaped deposition of the child in lieu of his testimony at the trial.
The court shall issue an order stating the reasons therefor.
(j) After the original videotaping but before or during trial, any party
may file any motion for additional videotaping on the ground of newly
discovered evidence. The court may order an additional videotaped
deposition to receive the newly discovered evidence.
Section 28. Hearsay exception in child abuse cases. - A statement made
by a child describing any act or attempted act of child abuse, not otherwise
admissible under the hearsay rule, may be admitted in evidence in any
criminal or non-criminal proceeding subject to the following rules:
(a) Before such hearsay statement may be admitted, its proponent
shall make known to the adverse party the intention to offer such
statement and its particulars to provide him a fair opportunity to
object. If the child is available, the court shall, upon motion of the
adverse party, require the child to be present at the presentation of
the hearsay statement for cross-examination by the adverse party.
When the child is unavailable, the fact of such circumstance must be
proved by the proponent.
(b) In ruling on the admissibility of such hearsay statement, the court
shall consider the time, content and circumstances thereof which
provide sufficient indicia of reliability. It shall consider the following
factors:
(1) Whether there is a motive to lie;
(2) The general character of the declarant child;
(3) Whether more than one person heard the statement;
(4) Whether the statement was spontaneous;
7

(5) The timing of the statement and the relationship between
the declarant child and witness;
(6) Cross-examination could not show the lack of knowledge
of the declarant child;
(7) The possibility of faulty recollection of the declarant child
is remote; and
(8) The circumstances surrounding the statement are such
that there is no reason to suppose the declarant child
misrepresented the involvement of the accused.
(c) The child witness shall be considered unavailable under the
following situations:
(1) Is deceased, suffers from physical infirmity, lack of
memory, mental illness, or will be exposed to severe
psychological injury; or
(2) Is absent from the hearing and the proponent of his
statement has been unable to procure his attendance by
process or other reasonable means.
(d) When the child witness is unavailable, his hearsay testimony shall
be admitted only if corroborated by other admissible evidence.
Section 29. Admissibility of videotaped and audiotaped in-depth
investigative or disclosure interviews in child abuse cases. - The court
may admit videotape and audiotape in-depth investigative or disclosure
interviews as evidence, under the following conditions:
(a) The child witness is unable to testify in court on grounds and
under conditions established under section 28 (c).
(b) The interview of the child was conducted by duly trained
members of a multidisciplinary team or representatives of law
enforcement or child protective services in situations where child
abuse is suspected so as to determine whether child abuse
occurred.
SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE
(c) The party offering the videotape or audiotape must prove that:
(1) the videotape or audiotape discloses the identity of all
individuals present and at all times includes their images and
voices;
(2) the statement was not made in response to questioning
calculated to lead the child to make a particular statement or
is clearly shown to be the statement of the child and not the
product of improper suggestion;
(3) the videotape and audiotape machine or device was
capable of recording testimony;
(4) the person operating the device was competent to
operate it;
(5) the videotape or audiotape is authentic and correct; and
(6) it has been duly preserved.
The individual conducting the interview of the child shall be available at trial
for examination by any party. Before the videotape or audiotape is offered in
evidence, all parties shall be afforded an opportunity to view or listen to it and
shall be furnished a copy of a written transcript of the proceedings.
The fact that an investigative interview is not videotaped or audiotaped as
required by this section shall not by itself constitute a basis to exclude from
evidence out-of-court statements or testimony of the child. It may, however,
be considered in determining the reliability of the statements of the child
describing abuse.
Section 30. Sexual abuse shield rule. -
(a) Inadmissible evidence. - The following evidence is not admissible
in any criminal proceeding involving alleged child sexual abuse:
(1) Evidence offered to prove that the alleged victim engaged
in other sexual behavior; and
8

(2) Evidence offered to prove the sexual predisposition of the
alleged victim.
(b) Exception. - Evidence of specific instances of sexual behavior by
the alleged victim to prove that a person other than the accused was
the source of semen, injury, or other physical evidence shall be
admissible.
A party intending to offer such evidence must:
(1) File a written motion at least fifteen (15) days before trial,
specifically describing the evidence and stating the purpose for which
it is offered, unless the court, for good cause, requires a different
time for filing or permits filing during trial; and
(2) Serve the motion on all parties and the guardian ad litem at least
three (3) days before the hearing of the motion.
Before admitting such evidence, the court must conduct a hearing in
chambers and afford the child, his guardian ad litem, the parties, and their
counsel a right to attend and be heard. The motion and the record of the
hearing must be sealed and remain under seal and protected by a protective
order set forth in section 31(b). The child shall not be required to testify at the
hearing in chambers except with his consent.
Section 31. Protection of privacy and safety. -
(a) Confidentiality of records. - Any record regarding a child shall be
confidential and kept under seal. Except upon written request and
order of the court, a record shall only be released to the following:
(1) Members of the court staff for administrative use;
(2) The prosecuting attorney;
(3) Defense counsel;
(4) The guardian ad litem;
(5) Agents of investigating law enforcement agencies; and
SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE
(6) Other persons as determined by the court.
(b) Protective order. - Any videotape or audiotape of a child that is
part of the court record shall be under a protective order that
provides as follows:
(1) Tapes may be viewed only by parties, their counsel, their
expert witness, and the guardian ad litem.
(2) No tape, or any portion thereof, shall be divulged by any
person mentioned in sub-section (a) to any other person,
except as necessary for the trial.
(3) No person shall be granted access to the tape, its
transcription or any part thereof unless he signs a written
affirmation that he has received and read a copy of the
protective order; that he submits to the jurisdiction of the
court with respect to the protective order; and that in case of
violation thereof, he will be subject to the contempt power of
the court.
(4) Each of the tape cassettes and transcripts thereof made
available to the parties, their counsel, and respective agents
shall bear the following cautionary notice:
"This object or document and the contents thereof are
subject to a protective order issued by the court in (case title)
, (case number) . They shall not be examined, inspected,
read, viewed, or copied by any person, or disclosed to any
person, except as provided in the protective order. No
additional copies of the tape or any of its portion shall be
made, given, sold, or shown to any person without prior court
order. Any person violating such protective order is subject
to the contempt power of the court and other penalties
prescribed by law."
(5) No tape shall be given, loaned, sold, or shown to any
person except as ordered by the court.
(6) Within thirty (30) days from receipt, all copies of the tape
and any transcripts thereof shall be returned to the clerk of
9

court for safekeeping unless the period is extended by the
court on motion of a party.
(7) This protective order shall remain in full force and effect
until further order of the court.
(c) Additional protective orders. - The court may, motu proprio or on
motion of any party, the child, his parents, legal guardian, or the
guardian ad litem, issue additional orders to protect the privacy of the
child.
(d) Publication of identity contemptuous. - Whoever publishes or
causes to be published in any format the name, address, telephone
number, school, or other identifying information of a child who is or is
alleged to be a victim or accused of a crime or a witness thereof, or
an immediate family of the child shall be liable to the contempt power
of the court.
SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE
or indirectly to anyone except to determine if a defendant may have his
sentence suspended under Article 192 of P. D. No. 603 or if he may be
granted probation under the provisions of P. D. No. 968 or to enforce his civil
liability, if said liability has been imposed in the criminal action. The youthful
offender concerned shall not be held under any provision of law to be guilty
of perjury or of concealment or misrepresentation by reason of his failure to
acknowledge the case or recite any fact related thereto in response to any
inquiry made to him for any purpose.
"Records" within the meaning of this sub-section shall include those which
may be in the files of the National Bureau of Investigation and with any police
department or government agency which may have been involved in the
case. (Art. 200, P. D. No. 603)
Section 32. Applicability of ordinary rules. - The provisions of the Rules of
Court on deposition, conditional examination of witnesses, and evidence
shall be applied in a suppletory character.

(e) Physical safety of child; exclusion of evidence. - A child has a Section 33. Effectivity. - This Rule shall take effect on December 15, 2000
right at any court proceeding not to testify regarding personal following its publication in two (2) newspapers of general circulation.
identifying information, including his name, address, telephone
number, school, and other information that could endanger his
physical safety or his family. The court may, however, require the
child to testify regarding personal identifying information in the
interest of justice.

(f) Destruction of videotapes and audiotapes. - Any videotape or

audiotape of a child produced under the provisions of this Rule or
otherwise made part of the court record shall be destroyed after five
(5) years have elapsed from the date of entry of judgment.

(g) Records of youthful offender. - Where a youthful offender has

been charged before any city or provincial prosecutor or before any
municipal judge and the charges have been ordered dropped, all the
records of the case shall be considered as privileged and may not be
disclosed directly or indirectly to anyone for any purpose whatsoever.

Where a youthful offender has been charged and the court acquits him, or
dismisses the case or commits him to an institution and subsequently
releases him pursuant to Chapter 3 of P. D. No. 603, all the records of his
case shall also be considered as privileged and may not be disclosed directly

10

A.M. No. 02-1-18-SC November 24, 2009 To attain this objective, the Rule seeks:
RULE ON JUVENILES IN CONFLICT WITH THE LAW
RESOLUTION
Acting on the recommendation of the Chairperson and Members of the
Subcommitee on Rules Procedure for Family Courts submitting for this
Court's consideration and approval the proposed revised Rule on Children in
Conflict with the Law, the Court Resolved to APPROVE the same.
This Resolution shall take effect on December 1, 2009 following its
publication in two(2) newspapers general circulation not later than November
27, 2009.
November 24, 2009.
REVISED RULE ON CHILDREN IN CONFLICT WITH THE LAW
Section 1. Applicability of the Rule. - This Rule shall apply to all criminal
cases involving children in conflict with law.
A child in conflict with the law is a person who at the time of the commission
of the offense is below eighteen (18) years old but not less than fifteen (15)
years and one (1) day old.
This Rule shall not apply to a person who at the time of the initial contact as
defined in Sec. 4 (q) of this Rule shall have reached the age of eighteen (18)
in which case, the regular rules on criminal procedure shall apply without
prejudice to the rights granted under Secs. 53,54,55 and 56 of this Rule.
Section 2. Objective. - The objective of this Rule is to ensure that the justice
system treats every child in conflict with the law in a manner that recognizes
and upholds human dignity and worth, and instills in the child respect for the
fundamental rights ad freedom of others. The Rule considers the
developmental age of the child and the desirability of the child's reintegration
in the assumption of a constructive role in society in accordance with the
principles of balanced and restorative justice.
SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE
(a) To provide child-appropriate proceedings, including programs and
services for crime prevention, diversion, rehabilitation, re-integration
and aftercare to ensure the normal growth and development of the
child in conflict with the law;
(b) To provide procedural rules dealing with children in conflict with
the law that take into account their distinct circumstances, assure all
parties of a fair hearing with each party's constitutional and statutory
rights recognized and respected, and ensure that appropriate
disposition measures are implemented by law enforcers social
services and the courts;
(c) To divert from the formal justice system children in conflict with
the law who can be cared for or placed under community continuum
alternative programs of treatment, training and rehabilitation in
conformity with the principles of balanced and restorative justice;
(d) To deal with the child in a family environment whenever possible,
and to separate the child from the parents only when necessary for
the child's welfare or in the interest of public safety.
(e) To remove from children in conflict with the law the stigma of
criminality and criminal behavior;
(f) to promote, facilitate and implement in administrative and judicial
proceedings respect for the view of the child;
(g) To provide for the care, protection and wholesome moral, mental,
and physical development of children in conflict with the law; and
(h) To promote and protect the rights and interest of children as
zones of peace in situations of armed conflict, but who are alleged to
be in conflict with the law. (a)
Section 3. Interpretation. - This Rule shall be interpreted liberally to promote
the best interest of the child in conformity with Philippine laws, the United
Nations' Convention on the Rights of the Child and relevant international
treaties and protocols.
11

Section 4. Definitions. - As used in this Rule,
(a) Age of criminal responsibility is the age when a child, fifteen (15)
years and one (1) day old or above but below eighteen (18) years of
age, commits an offense with discernment.
(b) Bail refers to the security given for the release of the child in
custody of the law, furnished by the child, the child's parent,
guardian, or a bondsman, to guarantee the child's appearance
before the court. Bail may be posted in a form such as corporate
security, property bond or cash deposit.
(c) Balanced and Restorative Justice is a principle in juvenile justice
that requires a process of resolving conflicts with the participation of
the victim, the child in conflict with the law, and the community. It
seeks to obtain reparation for the victim; reconciliation to the victim,
the child in conflict with the law, and the community, and the
reassurance that the child in conflict with the law can be reintegrated
into society. It also enhances public safety by involving the victim,
the child in conflict with the law, and the community in prevention
strategies. (a)
(d) Best interest of the child refers to the totality of congenial to the
survival, protection and feelings of security of the child and most
encouraging to the child's physical, psychological and emotional
development. It also means the least detrimental available
alternative for safeguarding the growth and development.
(e) Case study report is a written report on the social case inquiry
conducted by the social worker of the local government unit or the
Department of Social Welfare and Development or by the social
worker designated by the court on the social, cultural, economic and
legal status or condition of the child in conflict in the law. It shall
include, among other matters, the child's development age;
educational attainment; family and social relationships; the quality of
the child's peer group; the strengths and weaknesses of the family;
parental control; the child's attitude towards the offense ; the harm or
damage done to others resulting from the offenses, if any; and the
attitude of the parents towards the child's responsibility for the
offense. The social worker shall also include an initial determination
of the child's discernment in the commission of the offense. (a)
SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE
(f) Community continuum refers to the aftercare of a child in conflict
with the law and is a provides continuous guidance and support to
the child in conflict with the law upon release from rehabilitation and
subsequent reintegration into society. Community continuum for the
child includes timely release, suitable residence, food, clothing,
available employment and sufficient means to facilitate successful
reintegration in local government unit and other appropriate
agencies. (n)
(g) Corporal punishment is any kind of physical punishment inflicted
on the body as distinguished from pecuniary punishment or fine.
(h) Court refers to a designated family court or in places where there
are no designated family courts, any regional trial court hearing
family and youth cases. (a)
(i) Deprivation of Liberty refers to any form of detention or
imprisonment, or to the placement of a child in conflict with the law in
a public or private custodial setting, from which the child in conflict
with the law is not permitted to leave at will except by order of any
judicial or administrative authority. (a)
(j) Discernment means the capacity of the child at the time of the
commission of the offense to understand the differences between
right and wrong and the consequences of the wrongful act.
(k) Disposition conference is a meeting held by the court with the
social worker who prepared the case study report, together with the
child in conflict with the law and the parents or guardian ad litem, and
the child's counsel for the purpose of determining the disposition
measures appropriate to the personal and special circumstances of
the child.
(l) Diversion refers to an alternative child-appropriate process of
determining the responsibility and treatment of a child in conflict with
the law on the basis of the child's social, cultural, economic
psychological or educational background without resorting to formal
court adjudication.
(m) Diversion programs refer to programs the child in conflict the law
is required to undergo in lieu of formal court proceedings.
12

(n) Expedited Transfer of a Child is a process where a child who
commits an offense is immediately brought by the apprehending
officer or private individual to a social worker for preliminary
determination of discernment. (n)
(o) Guardian Ad Litem is a person appointed by the court to protect
the best interest of the child. (a)
(p) In conflict with the law means take into custody, detained, or
charged with the commission of an act defined and punished as a
crime or offense under the law, including violations of traffic laws,
rules and regulations, and ordinances of local government units. (a)
(q) Initial contact refers to apprehension or taking into custody of a
child in conflict with the law by law enforcement officers or private
citizens. It includes the time the child alleged to be in conflict with the
law receives a subpoena under Section 3 (b) of Rule 112 of the
Revised Rules of Criminal Procedure or summons under Section
6 (a) or Section 9(b) of the same Rule in cases that do not require
preliminary investigation, or where there is no necessity to place the
child alleged to be in conflict with the law under immediate
custody. (n)
(r) Intake report is the initial written report containing the personal
and other circumstances of the child in conflict with the law prepared
by the social worker assigned to assist the child entering the justice
system.
(s) Intervention programs refer to a series of individualized treatment
activities or programs designed to address issues that caused the
child to commit an offense . These may include counseling, skills,
training, education, and other activities that are aimed to improve
and enhance the child's psychological, emotional and psychosocial
well being. (n)
(t) Law Enforcement Officer refers to the person in authority or an
agent as defined in Article 152 of the Revised Penal Code, including
a barangay tanod. (n)
SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE
(u) Non-Serious Offense refers to an offense where the imposable
penalty for the crime committed is not more than six (6) years
imprisonment. (n)
(v) Probation is an alternative disposition, ordered by the court, under
which a child in conflict with the law is released after conviction and
sentence and permitted to remain at home or with an appropriate
custodian, subject to certain terms and conditions imposed by the
court.
(w) Recognizance is an undertaking in lieu of a bond, assumed by a
mother or father, or appropriate guardian or custodian, or in their
absence, the nearest relative, or any responsible member of the
community to assume custody of a child in conflict with the law and
be responsible for the appearance of the child in court whenever
required during the pendency of the case. (a)
(x) Segregation refers to the procedure where, upon initial contact
with a child alleged to have committed an offense, the law enforcer
places the child in a separate and different area from adult detention
prisoners, and ensures that female children are separated from male
children. (n)
(y) Serious offense refers to an offense where the imposable penalty
for the offense committed exceeds six (6) years imprisonment. (a)
(z) Status offenses refers to offenses that discriminate only against a
child, such as curfew violations, truancy, parental disobedience and
the like. (n)
(aa) Suspended sentence is the holding in abeyance of the service
of the sentence imposed by the court upon a finding of guilt of the
child in conflict with the law, whereby the child undergoes
rehabilitation within a fixed period under such terms and conditions
as may be ordered by the court. (n)
(bb) Victimless Crimes refer to offenses where there are no private
offended parties. (n)
(cc) Youth detention home refers to a 24-hour child-caring institution
managed by accredited local government units and licensed and/or
13

accredited non-government organizations providing short-term
residential care for children in conflict with the law and where the
child may be physically restricted by order of any judicial,
administrative or other public authority, and from which the child is
not permitted to leave at will, pending court disposition of the charge
or transfer to other agencies or jurisdiction. (a)
(dd) Youth rehabilitation center refers to a 24-hour residential care
facility managed by the Department of Social Welfare and
Development, local government units, licensed and/or accredited
non-government organizations monitored by the Department of
Social Welfare and Development. The Center provides care,
treatment and rehabilitation services for children in conflict with the
law under a structured therapeutic environment through the guidance
of a trained staff, where the physical mobility of the children may be
restricted pending court disposition of their cases. (a)
Section 5. Determination of Age. - The child in conflict with the law shall
enjoy the presumption of minority and shall enjoy all the rights of a child in
conflict with the law until proven to be eighteen years old or older at the time
of the commission of the offense. The age of the child shall be determined
according to the following rules:
(1) The best evidence to prove the age of a child is an original or
certified true copy of the certificate of live birth;
(2) In the absence of a certificate of live birth, similar authentic
documents such as baptismal certificates and school records or any
pertinent document that shows the date of birth of the child;
(3) In the absence of the documents under paragraphs 1 and 2 of
this section due to loss, destruction or unavailability, the testimony of
the child, the testimony of a member of the family related to the child
by affinity or consanguinity who is qualified to testify on matters
respecting pedigree such as the exact age or date of birth of the
child pursuant to Sec.40, Rule 130 of the Rules on Evidence, the
testimonies of the other persons, the physical appearance of the
child and other relevant evidence, shall suffice.
Section 6. Burden of Proof of Age. - Any person alleging the age of the child
in conflict with the law has the burden of proving the age of such child.
SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE
If the age of the child is contested prior to the filing of the information in court,
a case for determination of age under summary proceeding may be filed
before a court which shall render its decision within 24 hours from receipt of
the appropriate pleadings of all the parties. (n)
In all cases involving a child, the court shall make a categorical finding as to
the age of the child.
Section 7. Exemption from Criminal Liability. - A child fifteen years of age or
under at the time of the commission of the offense shall be exempt from
criminal liability. However, the child shall be subjected to an intervention
program as provided for in Republic Act No. 9344 when consented to by the
child and the parents. (a)
Exemption from criminal liability does not include exemption from civil liability
which shall be enforced in accordance with the provisions of Article 221 of
the Family Code in relation to Article 101 of the Revised Penal Code and
Rule 111 of the Revised Rules of Criminal Procedure. If the act or omission
of the child involves a quasi-delict, Article 2180 of the Civil Code shall apply.
Section 8. Procedure for Handling Children Exempted from Criminal
Liability. - If it is determined at the initial contact that the child is 15 years of
age or below, the procedure provided in Section 20, Republic Act No. 9344
shall be observed as follows:
(a) The authority who had the initial contact with the child shall
immediately release the child to the custody of the mother or father,
or the appropriate guardian or custodian, or in their absence, the
nearest relative.
(b) The authority shall immediately notify the local social welfare and
development officer of the taking of the child into custody.
(c) The local social welfare and development officer shall, with the
consent of the child and the person having custody over the child,
determine the appropriate intervention programs for the child.
(d) If the child's parents, guardians or nearest relatives cannot be
located, or if they refuse to take custody, the child may be released
to any of the following: a duly registered nongovernmental or
religious organization; a barangay official or a member of the
14

Barangay Council for the Protection of Children; a local social
welfare and development officer; or, when and where appropriate,
the Department of Social Welfare and Development.
(e) If the child has been found by the local social welfare and
development office to be abandoned, neglected or abused by the
parents, or if the parents and the child do not consent to or do not
comply with the prevention program, the Department of Social
Welfare and Development or the Local Social Welfare and
Development Office shall file before the court a petition for
involuntary commitment pursuant to Presidential Decree No. 603,
otherwise known as "The Child and Youth Welfare Code." (a)
Section 9. Procedure for Children Not Exempted from Criminal Liability. - A
child fifteen (15) years and one (1) day old or above but below eighteen (18)
years of age at the time of the commission of the offense shall, at the sound
discretion of the court and subject to its supervision, be released on
recognizance to the care of the willing and responsible mother or father, or
appropriate guardian or custodian, or, in their absence, the nearest relative.
However, if the prosecution determines that the child acted with discernment,
the child shall be proceeded against in accordance with Secs. 25 to 29 or, in
case of diversion, Secs. 31 to 38 of this Rule.
Section 10. Determination of Discernment. - Discernment is preliminarily
determined by a social worker and finally by the court in the case of a child
charged with a non-serious offense. In all other cases, discernment is
determined by the court.
The determination of discernment shall take into account the ability of a child
to understand the moral and psychological components of criminal
responsibility and the consequences of the wrongful act; and whether a child
can be held responsible for essentially antisocial behavior.
Section 11. Duties of a Person in Authority Taking a Child into Custody. -
Any person taking into custody a child in conflict with the law shall:
(a) Assign an alias to the child;
(b) Ensure that the blotter details containing the true name of the
child, if any, are modified, to reflect the alias by which the child shall
be known throughout the proceedings;
SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE
(c) Explain to the child in simple language and in a dialect that can
be understood the reason for placing the child under custody, and
the offense allegedly committed;
(d) Advise the child of his/her constitutional rights in a language or
dialect understandable to the child;
(e) Present proper identification to the child;
(f) Refrain from using vulgar or profane words and from sexually
harassing or abusing, or making sexual advances on the child;
(g) Avoid displaying or using any firearm, weapon, handcuffs or other
instrument of force or restraint, unless absolutely necessary and only
after all methods of control have been exhausted and have failed;
(h) Avoid violence or unnecessary force and refrain from subjecting
the child to greater restraint than is necessary for apprehension and
custody;
(i) Ensure that a body search of the child is done only by a law
enforcement officer of the same gender as that of the child;
(j) Ensure expedited transfer of the child by immediately, or not later
than eight (8) hours after apprehension, turning over custody of the
child to the local social welfare and development office or other
accredited non-government organizations;
(k) Notify the child's parents, guardians or custodians or in their
absence, the child's nearest relative and the Public Attorney's Office
of the child's apprehension;
(l) Ensure that the child is not locked up in a jail or detention cell
during the investigation;
(m) Bring the child immediately to an available government medical
or health officer for a thorough physical and mental examination;
(n) Ensure that should detention of the child in conflict with the law
be necessary, the segregation of the child be secured in quarters
separate from that of the opposite sex and adult offenders, except
15

where a child is taken into custody for reasons related to armed
conflict, either as combatant, courier, guide or spy, and families are
accommodated as family units in which case, the child shall not be
separated from the family;
(o) Record all the procedures undertaken in the initial investigation
including the following: whether handcuffs or other instruments of
restraint were used, and if so, the reason for such use; that the
parents or guardian of the child, the Department of Social Welfare
and Development, and the Public Attorney's Office were informed of
the taking into custody of the child and the details thereof; the
measures that were undertaken to determine the age of child, and
the precise details of the physical and medical examination or in
case of failure to submit a child to such examination, the reason
therefore; and
(p) Ensure that all statements signed by the child during the
investigation are witnessed and signed by the child's parents or
guardian, social worker or legal counsel in attendance. (n)
Section 12. Rights of a Child Under Custody. - At the custodial investigation,
a child who has been taken into custody shall have the following rights:
(a) At the police station, to be immediately assisted by a lawyer and
a social worker who shall make sure that the child is effectively
informed of his/her rights, as far as the child's maturity and
discernment allow;
(b) To demand that the questioning or interrogation take place in
conditions that respect the rights of the child and are complaint with
child-sensitive procedural rules;
(c) To have the child's family located and notified with dispatch;
(d) To be informed, together with the parents, guardians or
custodians or nearest relatives, by the social welfare and
development officer of the local government unit or of the
Department of Social Welfare and Development of the
consequences of the offense alleged to have been committed with a
view towards counseling and rehabilitation, diversion from criminal
justice system and reparation if appropriate;
SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE
(e) To have the results of the child's medical and dental examination
kept confidential unless otherwise ordered by the court. Whenever
medical treatment for any physical or mental defect is necessary, to
demand that steps must be immediately taken by the medical officer
to provide the child with the necessary and proper treatment;
(f) To have the right of privacy respected and protected at all times,
including the utilization of all measures necessary to promote this
right, including the exclusion of the media; and
(g) While under investigation, not to be fingerprinted or photographed
in a humiliating and degrading manner.
Section 13. Taking Custody of a Child Without a Warrant. - The law
enforcement officer or a private person taking into custody a child in conflict
with the law without a warrant shall observe the provisions in Sections 5, 8
and 9 of Rule 113 of the Revised Rules of Criminal Procedure and shall
forthwith deliver the child to the nearest police station. The child shall be
proceeded against in accordance with Section 7 of Rule 112 of the Rules of
Criminal Procedure.
Section 14. Conduct of Initial Investigation by the Police. - The police officer
conducting the initial investigation of a child conflict with the law shall do so in
the presence of either or both of the parents, guardian or custodian, or in
their absence, the nearest relative of the child, the child's counsel of choice,
or a lawyer from the Public Attorney's Office, and the local social welfare
officer. A representative of a non-government organization, religious group,
or member of the Barangay Council for the Protection of Children shall be
allowed to be present at the investigation in the absence of the parents,
guardian, relative, or social welfare officer. (a)
Section 15. Guidelines for Fingerprinting and Photographing of the Child. -
The following guidelines shall be observed when fingerprinting or
photographing the child:
(a) The child's fingerprint and photograph files shall be kept separate
from those of adults and shall be kept confidential. They may be
inspected by law enforcement officers only when necessary for the
effective discharge of their duties and upon prior authority of the
court; and
16

(b) The fingerprint and photograph shall be removed from the files
and destroyed: (1) if the case against the child is not filed, or is
dismissed; or (2) when the child reaches twenty-one (21) years of
age and there is no record that the child committed an offense after
reaching eighteen (18) years of age.
Section 16. Intake Report by the Social Welfare Officer. - Upon the taking
into custody of a child in conflict with the law, the social welfare officer
assigned to the child shall immediately undertake a preliminary background
investigation of the child and, should a case be filed in court, submit to the
court the corresponding intake report prior to the arraignment.
Section 17. Filing of Criminal Action. - A criminal action may be instituted
against a child in conflict with the law by filing a complaint with the
prosecutor.
All criminal actions commenced by complaint or information shall be
prosecuted under the direction and control of the public prosecutor assigned
to the court.
Petitions for confinement of a child drug dependent shall be filed under
Section 21 of the Rule on Children Charged under Republic Act No. 9165. (n)
Section 18. Prosecution of Civil Action. - When a criminal action is instituted
against a child in conflict with the law, the action for recovery of civil liability
arising from the offense charged shall be governed by Rule 111 of the
Revised Rules of Criminal Procedure.
Section 19. Preliminary Investigation. - As far as consistent with this Rule,
the preliminary investigation of a child conflict with the law shall be governed
by Section 3 of Rule 112 of the Revised Rules of Criminal Procedure. A
specially trained prosecutor shall be assigned to conduct the inquest,
preliminary investigation and prosecution of the case involving a child in
conflict with the law. The child, on the other hand, shall be assisted by a
private lawyer or if none, a lawyer from the Public Attorney's Office. If there is
an allegation or evidence of torture or ill-treatment of a child in conflict with
the law during custody or detention, it shall be the duty of the prosecutor to
investigate the same. (n)
Section 20. Conduct of Preliminary Investigation. - Preliminary investigation
shall be conducted in the following instances: (a) when the child in conflict
SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE
with the law does not qualify for diversion; (b) when the child, the parents or
guardian do not agree to diversion as provided in Sections 27 and 28 of
Republic Act No. 9344; or (c) when, after considering the assessment and
recommendation of the social worker, the prosecutor determines that
diversion is not appropriate for the child in conflict with the law. (n)
At the preliminary investigation, should there arise a need for clarificatory
questions to be propounded on the child, the Rule on Examination of a Child
Witness shall apply.
Section 21. Filing of Information. - If the investigating prosecutor finds
probable cause to hold the child in conflict with the law for trial, there being
discernment, the corresponding Resolution and Information shall be
prepared for the approval by the provincial or city prosecutor, a s the case
may be. The child and the mother or father, or appropriate guardian or
custodian, or in the absence thereof, the nearest relative, and the child's
private counsel or lawyer from the Public Attorney's Office shall be furnished
forthwith a copy of the approved resolution and the Information.
The Information shall be filed with the court within forty-five (45) days from
the start of the preliminary investigation. (n)
No Information shall be filed against a child for the commission of the
following:
(a) status offences;
(b) vagrancy and prostitution under Section 202 of the Revised Penal
Code;
(c) mendicancy under Presidential Decree No. 1563; and
(d) sniffing of rugby under Presidential Decree No. 1619.
Children taken into custody for the foregoing shall, with their consent and that
of their parents, guardian or custodian, instead undergo appropriate
counseling and treatment program. (n)
Section 22. Duties of the Clerk of Court Upon Receipt of information. - The
Clerk of Court, upon receipt of the Information, shall:
17

(1) Maintain a separate case docket or logbook for cases involving
children in conflict with the law. Whenever possible, the Clerk of
Court shall use color coding or other method to easily distinguish the
records of children in conflict with the law from the other case
records;
(2) Determine whether the offense charged qualifies for diversion,
that is it punishable by imprisonment of not more than twelve (12)
years, regardless of fine, or fine alone regardless of the amount;
(3) If the crime charged is punishable by such imprisonment,
immediately assign a temporary case number in accordance with
Sec. 23 of this Rule and raffle off the case to a court so that its
Diversion Committee can immediately undertake the appropriate
action under Section 33 of this Rule; and
(4) If the crime charged does not quality for diversion because it is
punishable by imprisonment of more than twelve (12) years, the case
shall be assigned a regular criminal case docket number raffled off to
a court for formal proceedings. (n)
Section 23. Docketing of the Case - a case that qualifies for diversion under
paragraph 3 of the preceding Section shall not be docketed as a regular
criminal case but instead shall be assigned a temporary case number as
follows: CICL-(no.) ___- (year) ___ -D (which means diversion), before the
same is raffled off to the appropriate court.
Section 24. Venue - Subject to the provisions of Section 15, Rule 110 of the
Revised Rules of Criminal Procedure, any criminal or civil action involving a
child in conflict with the law shall be instituted and tried in the appropriate
court nearest the place where the offense was committed or where any of its
essential elements occurred.
Section 25. Released of Children on Recognizance to the Parents,
Guardian, Custodian or Nearest Relative. - The release of a child from a
custody during the pendency of the case involving a non-serious offense as
defined in Sec. 4 (u) of this rule may be ordered by the court only after a
hearing for that purpose, and upon favorable recommendation of the social
worker assigned to the child, with the conformity of the public prosecutor and
the private complainant. The child shall be released to the custody of a
willing and responsible mother or father, or appropriate guardian or custodian
SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE
or in their absence, the nearest relative, who shall be responsible for the
child's good behavior and appearance in court whenever required.
No child shall be ordered detained in jail pending trial or hearing of the child's
case, subject to the provisions of this Rule. (n)
Section 26. Commitment and transfer to a youth Rehabilitation Center. - A
child charged with non-serious offense as defined in Section 4 (u) of this
Rule, unless released on bail or recognizance, may be transferred to a youth
detention home rehabilitation center or other appropriate facility such as the
Department of Social Welfare and Development which shall ensure the
appearance of the child in court.
In the absence of a youth detention home established by the local
government pursuant to Section 8 of the Family Courts Acts, in the city or
municipality where the child resides or, a local rehabilitation center
recognized by the government in the province, city or municipality within the
jurisdiction of the court, or the Department of Social Welfare and
Development or other appropriate local rehabilitation center, the youth shall
be placed under the care of a provincial, city or municipality jail which shall
ensure the appearance of the child in court when so required. (a)
Section 27. Bail as a Matter of right. - All children in conflict with the law shall
be admitted to bail as a matter of right before final conviction of an offense
not punishable by reclusion perpetua life imprisonment.
Section 28. When Bail Not a Matter of Right. - No child charged with an
offense punishable by reclusion perpetua or life imprisonment shall be
admitted to bail when evidence of guilt is strong. In this case, the court shall
commit the to a youth detention home or youth rehabilitation center, or in the
absence thereof, to the care of a provincial, city or municipal jail as provided
for in Section 27 of this Rule, which shall be responsible for the appearance
of the child in court whenever required.
Section 29. Care of Child in Youth Detention Homes or Rehabilitation
Centers. - The child in conflict with the law who has been transferred to a
youth rehabilitation center or youth detention home shall be provided with a
healthy environment. If the child is placed under the care of the provincial,
city or municipal jail, the child shall be provided with adequate quarters
separate from adults and prisoners of the opposite sex depending on the
age, sex, sexual lifestyle, and such other circumstances and needs of the
child.
18

Section 30. Case Study Report. - After the institution of the criminal action,
the social worker assigned to the child shall immediately undertake a social
case inquiry of the child and the child's family, the child's environment and
such other matters relevant to aid the court in the proper disposition of the
case. The report shall be submitted to the court preferably before
arraignment. If not available at that time, the Report must be submitted to the
court as soon as possible.
Section 31. Diversion Committee - In each court, there shall be organized a
Diversion Committee composed of its Branch Clerk of Court as chairperson;
the prosecutor, a lawyer of the Public Attorney's Office assigned to the court,
and the social worker assigned by the court to the child, as members.
Section 32. Proceedings Before Arraignment - The Diversion Committee
shall determine if the child can be diverted and referred to alternative
measures or services. Subject to pertinent provisions of this Rule and
pending determination of diversion by the Committee, the court shall release
the child on recognizance to the parents, guardian or custodian, or nearest
relative; or if this is not advisable, commit the child to an appropriate youth
detention home or youth rehabilitation center which shall be responsible for
the presence of the child during the diversion proceedings.
If the Diversion Committee determines that diversion is not proper, or when
the child or the private complainant object to the diversion, or when there is
failure if the diversion program if undertaken by the child, it shall submit a
report to the court recommending that the case be subjected to formal
criminal proceedings. The court in turn shall direct the transmittal of the
records of the case to the Office of the Clerk of Court for the assignment of a
regular criminal docket number to the case as follows: CICL Crim. Case
No.___-___( year). The Office of the Clerk of Court shall thereafter return the
case to the court for arraignment and formal proceedings.
Section 33. Proceeding Before the Diversion Committee. - Upon receipt by
the Committee of a case for diversion from the Office of the Clerk of Court,
the chairperson shall call for a conference with notice to the child, the mother
or father, or appropriate guardian or custodian, or in their absence, the
nearest relative, the child's counsel, and the private complainant and counsel
to determine if the child can be diverted to the community continuum instead
of formal court proceedings.
In determining whether diversion is appropriate for the child, the Committee
shall consider the following factors:
SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE
(a) The past records, if any, involving the child in conflict with the law;
(b) The likelihood that the child will be an obvious threat to
himself/herself and the community;
(c) Whether the child has feeling of remorse for the offense
committed;
(d) If the child or the parent are indifferent or hostile; and whether this
will increase the possibility of delinquent behavior; and
(f) If community-based programs for the rehabilitation and
reintegration of the child are available.
If the Committee finds that diversion is appropriate, it shall design a diversion
program in accordance with Section 34 of this Rule for the consideration and
approval of the court.
Should the Committee determine that diversion is not appropriate, it shall
make the corresponding report and recommendation in accordance with
Section 31 of this Rule.
The Committee cannot recommend diversion in case the child or the private
complainant objects.
Section 34. Diversion programs. -The Committee shall design a diversion
program talking into consideration the individual characteristics and peculiar
circumstances of the child in conflict with the law. The program shall be for a
specific and definite period and may include any or a combination of the
following:
(a) Written or oral reprimand or citation;
(b) Written or oral apology;
(c) Payment of the damage caused;
(e) Payment of the cost of the proceedings;
(f) Return of the property;
19

(g) Guidance and supervision orders;
(h) Counseling for the child and his family;
(i) Training, seminar and lectures on (i) anger management skills; (ii)
problem-solving and/or conflict resolution skills; (iii) values formation;
and (iv) other skills that will aid the child to properly deal with
situations that can lead to a repetition of the offense;
(j) Participation in available community-based programs;
(k) Work-detail program in the community; or
(l) Institutional care and custody.
The Committee shall also include in the program a plan that will secure
satisfaction of the civil liability of the child in accordance with Sec. 2180 of
the Civil Code. Inability to satisfy the civil the liability shall not by itself be a
ground to discontinue the diversion program of a child. On the other hand,
consent to diversion by the child or payment of civil indemnity shall not in any
way be construed as admission of guilt and used as evidence against the
child in the event that the case is later on returned to the court for
arraignment and conduct of formal proceedings.
The court shall act on the recommendation within five (5) days from the
termination of the hearing.
Section 36. Undertaking. - In all cases where a child in conflict with the law
is granted diversion by the court, the child, together with the mother or father,
or appropriate guardian or custodian, or in their absence, the nearest
relative, and the child's counsel shall sign an undertaking to comply with their
respective duties and obligation under the terms and conditions of the
express agreement by complainant assisted by counsel to the diversion of
the child, shall be approved by and enforced under the supervision and
control of the court. It shall contain the following minimum principal terms and
conditions:
(a) The child shall appear before the social worker assigned to the
child by the Court that approved the diversion program at least once
a month for evaluation of its effectiveness.
SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE
(b) The child shall faithfully comply with the term and conditions of
the program. Should the child fail to do so, the Committee shall
report such failure to the court which shall set a show- cause hearing
with notice to the child and private complainant. The court shall
thereafter determine whether to allow the child to continue with the
diversion program, or to end the same and direct that the case now
undergo a formal proceeding.
Should the child be permitted by the court to reside in a place under the
jurisdiction of another court, control and supervision over such child shall be
transferred to the appropriate court of that place. The diversion records of the
case such as the minutes of the diversion proceedings, copy of the
undertaking, the intake and case study reports and all other pertinent
documents shall be transmitted to the court to which jurisdiction over the
diverted child has been transferred.
Section 37. Report of Social Worker. - The court social worker shall conduct
regular monthly visit to the child undergoing diversion proceedings and shall
submit the corresponding reports about the status of the diverted child to the
committee. At any time before or at the end diversion period, the committee
shall file with trhe court of the report recommending termination or extension
of diveertion, as the case may be. The report and recommendation shall be
heard by the court within fifteen (15) dyas form receipt, with notice to the
members of the Committee, the child, the mother or father, or the appropriate
guardian or custodian, or in the absensce thereof, the nearest relative, the
child's councel, and the complainant and counsel.
The court shall thereafter determine whether the diversion program has been
full and satisfactorily complied with
Section 38. Closure Order. - On the basis of the report and recommendation
of the Committee, the court may:
(a) Issue a closure order terminating the case if it is convinced that
the child has complied satisfactorily with the diversion program; or
(b) Extend the period of diversion if it is convinced that the child may
still be rehabilitated; or
20

(c) Order the case to undergo formal court proceedings if it finds that
the child has not complied with the diversion program, is incorrigible,
or that the program is not serving its purpose.
In case of the judicially-approved transfer of residence of the child in conflict
with the law, the court to which supervision of the diversion program was
transferred shall make the proper finding. IF it finds that diversion has been
successful. It shall order the closure of the case. However, if it determines
that diversion has failed it shall return the case to the original court for formal
criminal proceedings.
Section 39. Rights of the Child in Conflict with the Law. - In all criminal
proceedings, the child in conflict with the law shall have the following rights
which shall be respected and protected by the court:
(a) To be presumed innocent until guilt is proved beyond reasonable
doubt;
(b) To be informed promptly and directly of the nature and cause of
the charge and if appropriate, through the child's mother, father, legal
guardian, or appropriate custodian;
(c) To be present at every stage of the proceedings, from
arraignment to promulgation of judgement. The child may, however,
waive presence at the rial pursuant to the stipulations set forth in the
bail bond, unless presence at the trial is specifically ordered by the
court for purposes of identification. The absence of the child without
justifiable cause at the trial of which there was due notice shall be
considered a waiver of the right of the child to be present. Escape by
the child under custody shall be deemed a waiver of the right to be
present in all subsequent hearings until custody over such child is
gained;
(d) To have legal and other appropriate assistance in the preparation
and presentation of the child's defense; in case of a child arrested for
reasons related to armed conflict, to have immediate free legal
assistance;
(e) If detained, to be released (I) on recognizance to the willing and
responsible mother or father or appropriate guardian or custodian, or
in the absence thereof, the nearest relative; (ii) on bail; or (iii) by
SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE
commitment to a youth detention home or youth rehabilitation
center, 1avvphi1
(f) Not to be detained in a jail or transferred to an adult facility
pending trial or hearing of the case, unless detention is used as a
last resort which must be done for the shortest time possible, and
only upon order by the court;
(g) In the case the child has been arrested for reasons related to
armed conflict, either as combatant, courier, guide or spy:
(i) To be segregated and have separate detention quarters
from adults except where families ate accommodated as
family un its;
(ii) To immediate free legal assistance in the absence of
private counsel;
(iii) To immediate notice of such arrest to the parents,
guardians or custodians or nearest relatives of the child; and;
(iv) To be released on recognizance within twenty-four (24)
hours to the custody of the Department of Social Welfare
and Development or any responsible member of the
community as determined by the court.
(h) To testify as a witness in his/her own behalf; and subject to cross-
examination only on matters covered by direct examination. The
child shall not be compelled to be a witness against himself/herself
and the child's silence shall not in any manner prejudice him/her;
(i) To confront and cross-examine the witnesses against him/her;
(j) To have compulsory process issued to secure the attendance of
witnesses and production of other evidence in the child's behalf
(k) To have speedy and imparial trial, with legal or other appropriate
assistance and preferable in the presence of the child's parents or
legal guardian or custodian, unless such presence is considred not to
be in the best interest of the child taking into account the latter's age
or other peculiar circumstances;
21

(l) To be accorded all the rights un der the Rule on Examination of a
Child Witness;
(m) To have the child's privacy fully protected in all stages of the
proceedings; and
(n) To appeal in all cases allowed and in the manner prescribed by
law.
Section 40. Rights if Victims of Offences Committed by Children in Conflict
with the Law. - In any case involving a child in conflict with the law, the victim
has the following rights:
(1) To be reasonably protected from the child in conflict with the law;
(2) To timely notice of any public proceedings, or any parole
proceedings involving the crime or of any release or escape of the
child in conflict with the law;
(3) Not to be excluded from any public proceeding, unless the court,
after receiving any clear and convincing evidence, determines that
the testimony by the victim would be materially altered if the victim
heard other testimony in that proceeding.
(4) To be reasonably heard at any administrative or public
proceeding involving diversion, release, plea, suspension of
sentence and determination of disposition measures, or any parole
proceeding;
(5) To confer with the prosecutor in the case;
(6) To avail of legal assistance from the Public Attorney's Office,
Integrated Bar of the Philippines. any other legal aid office or any law
practitioner.1avvphi1
(7) To be informed of the availability of compensation from the
Department of Justice Board of Claims in accordance with the
provisions of Rep Act. No.7309.
(8) To be entitled to support services from the Department of Social
Welfare and Development and local government units;
SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE
(9) To be entitled to all legal remedies and support as provided for
under the Family Code;
(10) To be informed of the rights and the services available to victims
of offenses including the right to apply for a protection order;
(11) To full and timely restitution as provided in law;
(12) To proceedings that are free from unreasonable delay; and
(13) To be treated with fairness and with respect for the victim's
dignity and privacy.
Section 41. Responsibilities of the Court. - For the protection of the rights of
the child in the conflict with the law, the court shall have the following
responsibilities:
(1) To monitor the status of a child whose case is pending in its court
placed in a youth detention center or other institution during the
pendency of the child's case;
(2) To receive and investigate complaints concerning violations of the
rights of the child whose case is pending on its court;
(3) To require all professionals working for the welfare of the child,
such as barangay captains, teachers, social workers, medical
professionals, and law enforcers, to render regular monthly reports to
the court.
(4) To order access to adequate services for rehabilitation,
counseling and other forms of reintegration for the child;
(5) To ensure that the child who is capable of forming his or her own
views has the right to express those views freely in all matters
affecting the child, and that such views be accorded due weight in
accordance with the developmental age and maturity of the child;
(6) To ensure that the child, either directly or through a
representative , is provided the opportunity to be heard in all
proceedings affecting such child;
22

(7) To ensure communication at all times between the judge and the
child;
(8) To ensure that the child sits with close family members of the
child's choice during the court proceedings;
(9) To ensure that the child can communicate freely with counsel at
all times;
(10) To ensure that the child is informed in age-appropriate language
of all stages of the judicial proceeding affecting such child;
(11) To ensure that a child placed in a Youth Detention Home or
Youth Rehabilitation Center or in any child facility be given
appropriate medical examination in order to determine and put on
record any evidence of ill-treatment; to identify any physical or
mental condition requiring medical attention; and thereafter make
sure that child is provided by adequate treatment and medical
attention;
(12) To insure that a child is informed as soon as possible of the
death, serious illness or injury of any immediate family member and
be allowed to visit the ill family member or attend the funeral, when
appropriate and advisable;
(13) To ensure if a child dies during the pendency of the case or
within six (6) months of release, an independent inquiry is conducted
on the circumstances of the death and a report thereof, including the
child's death certificate, be made available to the child's mother or
father , guardian, custodian or nearest relative;
(14) When appropriate and advisable, to allow the child temporarily
leave the detention home or rehabilitation center by means of an
"out-on-pass" order to attend special family occasions such as
Christmas and New Year celebrations. The "out-on-pass" order shall
contain reasonable restrictions to ensure safety, security and timely
return to detention as may be determined by the court;
(15) To allow at all times, and from the moment of initial contact, any
member of the family or the guardian of the child to visit the child,
unless prejudicial to the latter's best interest;
SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE
(16) To allow the appointment of a Guardian Ad Litem if available
and advisable, to enable the child to raise concerns and complaints
without fear or retribution; and
(17) To undertake all other appropriate measures to ensure the
promotion of the best interest of the child and the child's eventual
reintegration in society.
Section 42. Determination of the Bests Interests of the Child. - The following
factors may be considered in determining the best interests of a child in
conflict with the law: the child's age and sex, the child's mental and physical
health, the mental and physical health of the parents, their lifestyle and other
social factors; the emotional ties between the parents and the child, the
ability of the parents to provide the child with food, shelter, clothing and
medical care; the established living pattern for the child concerning school,
home, community and religious institution, quality of schooling, the existence
of other relatives who may be in a better position to be with the child and the
child's relationship with these relatives; the child's background, maturity and
level of understanding, sexual lifestyle and any other characteristics and
needs of the child that the court may deem relevant.
Section 43. Arraignment and Plea. - The provisions of Rules 116 and 117 of
the Revised Rules of Criminal Procedure shall apply to the arraignment of
the child in the conflict with the law. The arraignment shall be scheduled
within three (3) days from the date of receipt of the complaint or information
by the court, unless a shorter period is provided for by law.
In case the child is not assisted by a private counsel, the court shall
immediately appoint its Public Attorney as the child's counsel de oficio.
Arraignment shall be held in chambers and conducted by the judge by
furnishing the child and counsel a copy of the complaint or information,
reading the same in a language or dialect known to and understand by the
child, explaining the nature and consequences of a plea of guilty or not guilty
and asking the child's plea.
Section 44. Pre-trial. - The provisions of Rule 118 of the Revised Rules of
Criminal Procedure shall govern the pre-trial of the child in conflict with the
law. Agreements or admissions made during the pre-trial conference shall be
in writing and signed by the child, the mother, the father or duly appointed
guardian, and counsel; otherwise, the agreements or admissions shall not be
admissible against the child.
23

Whenever possible and practicable, the court shall explore all possibilities of
settlement of the case, except its criminal aspects. Plea bargaining shall be
resorted to only as a last measure when it shall serve the best interest of the
child and the demands of truth and restorative justice.
Section 45. Trial. - All hearings shall be conducted in am manner conductive
to the best interest of the child and in an environment that will allow the child
to participate fully and freely in accordance with the Rule on Examination of a
Child Witness.
Section 46. Guiding Principles in Judging the Child. - Subject to the
provisions of the Revised Penal Code, as amended, and other special laws,
the judgment against a child in conflict with the law shall be guided by the
following principles:
(1) The judgment shall be in proportion to the gravity of the offense,
and shall consider the circumstances and the best interest of the
child, the rights of the victim, and the needs of society in line with the
demands of balanced and restorative justice.
(2) Restrictions on the personal liberty of the child shall be limited to
the minimum. Where discretion is given by the law to the judge
whether the penalty to be imposed is fine or imprisonment, the
imposition of fine should be proffered as the more appropriate
penalty.
(3) No corporal punishment shall be imposed.
(4) In case of the presence of any exculpatory evidence or doubt in
the prosecution's evidence, the doubt shall be resolved In favor of
the child.
Section 47. Promulgation of Sentence. - If. After the trial, the court should
find the child in conflict with the law guilty beyond reasonable doubt of the
offense charged, it shall impose the proper penalty, including any civil liability
which the child may have incurred, and promulgate the sentence in
accordance with Section 6, Rule 120 of the Revised Rules if Criminal
Procedure.
Section 48. Automatic Suspension of Sentence and Disposition Orders. - If
the child is found guilty of the offense charged, the court, instead of
SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE
executing the judgments of conviction, shall palce the child in conflict with the
law under suspended sentence, without need of application. Suspension of
sentence can be availed of even if the child is already eighteen years (18) of
age or more but not above twenty-one (21) years old, at the time of the
pronouncement of guilt, without prejudice to the child's availing of other
benefits such as probation, if qualified, or adjustment of penalty, in interest of
justice.
The benefits of the suspended sentence shall not apply to a child in conflict
with the law who has once enjoyed suspension of sentence, but shall
nonetheless apply to one who is convicted of an offense punishable by
reclusion perpetua or life imprisonment pursuant to the provisions of Rep. Act
No. 9346 prohibiting the imposition of the death penalty and in lieu thereof,
reclusion perpetua, and after application of the privileged mitigating
circumstance of minority.
If the child in conflict with the law reaches eighteen (18) years of age while
under suspended sentence, the court shall determine whether to discharge
the child in accordance with the provisions of Republic Act 9344, or to extend
the suspended sentence for a maximum period of up to the time the child
reaches twenty-one (21) years of age, or to order service of sentence.
Section 49. Disposition Conference. -In case of suspended sentence, the
court shall set the case for disposition conference within fifteen (15) days
from the promulgation of sentence with notice to the social worker of the
court, the child and the parents or guardian ad litem of the child and the
child's counsel , the victim and counsel. At the conference, the court shall
proceed to determine and issue any or a combination of the following
disposition measures best suited to the rehabilitation and welfare of the child:
(1) Care, guidance, and supervision of orders;
(2) Community service orders;
(3) Drug and alcohol treatment
(4) Participation in group counseling and similar activities; and
(5) Commitment to the Youth Rehabilitation Center of the
Department of Social Welfare and Development or other centers for
24

children in conflict with the law authorized by the Secretary of the
Department of Social Welfare and Development.
Section 50. Compliance with the Disposition Measures. - The social worker
assigned to the child shall monitor the compliance by the child in conflict with
the law with the disposition measures and shall submit regularly to the court
a status and progress report on the matter. The court may set a conference
for the evaluation of such report in the presence, if practicable, of the child,
the parents or guardian, counsel and other persons whose presence may be
deemed necessary.
Section 51. Discharge of Child Subject of Disposition Measure. - Upon the
recommendation of the social worker assigned to the child, the court shall,
after due notice to all parties and hearing, dismiss the case against the child
who has been issued disposition measures, even before reaching
eighteen(18) years of age, and order a final discharge if it finds that the child
has been rehabilitated and has shown the capability to be a useful member
of the community.
If the court finds that the child (a) is incorrigible; or (b) has not shown the
capability of becoming a useful member of society; or (c) has willfully failed to
comply with the conditions of the disposition or rehabilitation program; (d) or
the child's continued stay in the training institution is not in the child's best
interest, the child shall be brought before the court for execution of the
judgment.
The final release of the child shall not extinguish the civil liability. The parents
and other persons exercising parental authority over the child shall be civilly
liable for the injuries and damages caused by the acts or omissions of the
child living in their company and under the parental authority subject to the
appropriate defenses provided by law.
Section 52. Probation as an Alternative to Imprisonment. - The court may,
after it shall have convicted and sentenced a child in conflict with the law and
upon application at any time, place the child on probation if qualified, in lieu
of service of sentence taking into account the best interest of the child.
Section 53. Credit in Service of Sentence. - The child in conflict with the law
who has undergone preventive imprisonment shall be credited in the service
of the sentence consisting of deprivation of liberty, with the full time during
which the child has undergone preventive imprisonment, if the child agrees
SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE
voluntarily in writing to abide by the same or similar disciplinary rules
imposed upon convicted prisoners, except in any of the following cases:
(1) When the child is a recidivist or has been convicted twice or more
times of any crime; or
(2) When upon being summoned for execution of sentence, the child
failed to surrender voluntarily.
A child who does not agree to the same disciplinary rules imposed upon
convicted prisoners shall be credited in the service of the sentence with four-
fifths of the time during which the child has undergone preventive
imprisonment.
Whenever the child has undergone preventive imprisonment for a period
equal to or more than the possible maximum imprisonment of the offense
charged to which the child may be sentenced and the case is not yet
terminated, the child shall be released immediately without prejudice to the
continuation of any on-going intervention program, and the trial thereof or the
proceeding on appeal, if the same is under review. In case the maximum
penalty to which the child may be sentenced is destierro, the child shall be
released after thirty (30) days of preventive imprisonment.
Any form of physical restraint imposed on the child in conflict with the law,
including community service and commitment to a rehabilitation center, shall
be considered preventive imprisonment.
Section 54. Confidentiality of Proceedings and Record. - All proceedings and
records involving children in conflict with the law from initial contact until final
disposition of the case by the court shall be considered privileged and
confidential. The public may be excluded from the proceedings and pursuant
to the provisions of Section 31 of the Rule on Examination of a Child
Witness, the records shall not be disclosed directly or indirectly to anyone by
any of the parties or the participants in the proceeding for any purpose
whatsoever, except to determine if the child may have the sentence
suspended under Section 38 of this Rule or if the child may be granted
probation under the Probation Law, or to enforce the civil liability imposed in
the criminal action.
The court shall employ other measures to protect confidentiality of
proceedings including non-disclosure of records to the media, the
25

maintenance of a separate police blotter for cases involving children in
conflict with the law and the adoption of a system of coding to conceal
material information, which lead to the child's identity. The records of children
in conflict with the law shall not be used in subsequent proceedings or cases
involving the same offender as an adult.
Section 55. Non-liability for Perjury or Concealment or Misrepresentation. -
Any person who has been in conflict with the law as a child shall not be held
guilty of perjury or of concealment or misrepresentation by reason of failure
to acknowledge the case or recite any fact related thereto in response to any
inquiry.
SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE
Section 58. Contempt Powers. - A person who directly or indirectly disobeys
any order of the court or obstruct or interferes with its proceedings or the
enforcement of its orders issued under this Rule shall be liable for contempt
of court.
Section 59. Effectivity. - This Rule as revised shall take effect on December
1, 2009 after its publication in two (2) newspapers of general circulation not
later than November 27, 2009.

Section 56. Sealing of Records. - The court, motu proprio or on application

of a person who has been adjudge a child in conflict with the law, or if still a
minor, on motion of the parents or legal guardian, shall, upon notice to the
prosecution and after hearing, order the sealing of the records of the case if it
finds that two (2) years have elapsed since the final discharged of the child
after suspension of sentence or probation, or from the date of the closure
order and the child has no pending case of an offense or a crime involving
moral turpitude.

Upon entry of the order, the case shall be treated as if it never occurred. All
index references shall be deleted and in case of inquiry, the court,
prosecution, law enforcement officers and all other offices and agencies that
dealt with the case shall reply that no record exist with respect to the child
concerned. Copies of the order shall be sent to these officials and agencies
named in the order. Inspection of the sealed records thereafter may be
permitted only by order of the court upon petition of the child who is the
subject of the records or of other proper parties.

This procedure shall be without prejudice to the rule on destruction of video

or audio tapes under Section 31 of the Rule on the Examination of Child
Witness.

Section 57. Prohibition of Labeling. - In the conduct of proceedings from

initial contact with the child in conflict with the law to the final disposition of
the case, there shall be no branding or labeling of the child as a young
criminal, juvenile delinquent, prostitute, vagrant, or attaching to the child in
any manner any derogatory description or name. Likewise, no discriminatory
statements, conduct and practices shall be allowed, particularly with respect
to the child's social or economic status, physical or mental disability or ethnic
origin.
26

A.M. NO. 02-1-19-SC (e) “Neglected child” is one whose basic needs have been deliberately
RE: PROPOSED RULE ON COMMITMENT OF CHILDREN unattended to or inadequately attended to, physically or emotionally, by his
Acting on the letter of the chairman of the committee on revision of the rules
of courtsubmitting for this court’s consideration and approval the proposed
rule on commitment of children, the court resolved to approve the same.
The rule shall take effect on April 15, 2002 following its publication in a
newspaper of general circulation not later than March 15, 2002.
February 28, 2002.
RULE ON THE COMMITMENT OF CHILDREN
SECTION 1. Objective, -The objective of this Rule is to ensure that every
effort is exerted to promote the child’s welfare and enhance his opportunities
for a useful and happy life, Toward this end, this Rule seeks to protect the
child from all forms of neglect, abuse, cruelty, exploitation and other
conditions prejudicial to his development.
SEC. 2. Interpretation. -The best interests of the child shall be the
paramount consider-ation in all actions concerning him, whether undertaken
by public or private social welfare institutions, courts of law, administrative
authorities and legislative bodies consistent with the United Nations
Convention on the Rights of the Child,
SEC. 3. Definition of Terms. –
(a) “Child” is a person below eighteen years of age.
(b) “Department” refers to the Department of Social Welfare and
Development,
(c) “Dependent child” is one who is without a parent, guardian or custodian,
or one whose parents, guardian or other custodian for good cause desires to
be relieved of his care and custody, and is dependent upon the public for
support.
(d) “Abandoned child” is one who has no proper parental care or
guardianship, or whose parents or guardian has deserted him for a period of
at least six (5) continuous months.
SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE
parents or guardian.
(f) “Physical neglect” occurs when the child is malnourished, ill-clad and
without proper shelter.
(g) “Emotional neglect” occurs when a child is raped, seduced, mal-treated,
exploited, overworked or made to work under conditions not conducive to
good health; made to beg in the streets or public places, or when placed in
moral danger, or exposed to drugs, alcohol, gambling, prostitution and other
vices.
(h) “Disabled child” includes mentally retarded, physically handicapped,
emotionally disturbed and mentally ill children, children with cerebral palsy
and those with similar afflictions.
(i) “Mentally retarded child” is one who is (1) socially incompetent, that is,
socially inadequate, occupational^ incompetent and unable to manage his
own affairs; (2) mentally subnormal; (3) intellectually retarded from birth or
early age; (4) retarded at maturity; (5) mentally deficient as a result of
constitutional origin through heredity or diseases or (6) essentially incurable.
(j) “Physically handicapped child” is one who is crippled, deaf-mute, blind, or
otherwise suffers from a defect which restricts his means of action or
communi-cation with others.
(k) “Emotionally disturbed child” is one who, although not afflicted with
insanity or mental defect, is unable to maintain normal social relations with
others and the community in general due to emotional problems or
complexes.
(I) “Mentally ill child” is one with any behavioral disorder, whether functional
or organic, which is of such a degree of severity as to require professional
help or hospitalization.
(m) “Commitment” or “surrender of a child” is the legal act of entrusting a
child to the care of the Department or any duly licensed child- placement or
child-caring agency or individual by the court, parent or guardian or any
interested party.
(n) “Involuntarily committed child” is one whose parents have been
permanently and judicially deprived of parental authority due to
27

abandonment; substantial, continuous, or repeated neglect; abuse; or
incompetence to discharge parental responsibili-ties in accordance with
Section 4 herein.
(o) “Voluntarily committed child” is one whose parents knowingly and willingly
relinquished parental authority to the Department or any duly licensed child-
placement or child-caring agency or individual in accordance with Section 3
herein.
(p) “Child-placing or child-placement agency” refers to a private non-profit or
charitable institution or government agency duly licensed and accredited by
(he Department to provide comprehensive child welfare services, including
but not limited to, receiving applications for adoption or foster care,
evaluating the prospective adoptive or foster parents and preparing the home
study report.
(q) “Child-caring agency” refers to a private non-profit or charitable institution
or government agency duly licensed and accredited by the Department that
provides twenty-four hour residential care services for abandoned, orphaned,
neglected, involuntarily or voluntarily committed children.
(r) “Guardian ad litem is a person appointed by the court where the case is
pending for a child sought to be committed to protect his best interests.
(s) “Case Study Report” is a written report of the result of an investigation
conducted by a social worker as to the socio-cultural, economic and legal
status or condition of the child sought to be committed. It shall include among
others his developmental age, educational attainment, family and social
relationships, the quality of his peer group, his family’s strengths and
weaknesses and parental control over him. The report is submitted to the
Family Court to aid it in its evaluation of whether the child ought to be
committed to the care of the Department or any duly licensed child-
placement or child-caring agency or individual.
SEC. 4. –
(a) Who may file. – The Secretary of the Department or his authorized
representative or any duly licensed child-placement or child-caring agency
having knowledge of a child who appears to be dependent, abandoned or
neglected, may file a verified petition for involuntary commitment of said child
to the care of any duly licensed child-placement or child-caring agency or
individual.
SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE
(b) Venue. – The petition shall be filed with the Family Court of the province
or city in which the parent or guardian resides or where the child is found.
(c) Contents of Verified Petition. -The petition must state:
1. The names of the parents or guardian and their place of residence. If the
child’s parents are unknown, petitioner must allege that diligent efforts have
been exerted to locate them. It said parents are deceased, petitioner shall
attach a certified true copy of their death certificate;
2. The facts showing that the child is dependent, abandoned, or neglected;
3. The facts showing who has custody of the child at the time of the filing of
the petition; and
4. The name, address and written consent of the Department or duly licensed
child-placement or child-caring agency or individual to whose care the
commitment of the child is sought to be entrusted.
(d) Summons; Court to Set Time for Hearing. – If the court is satisfied that
the petition is sufficient in form and substance, it snail direct the clerk of court
to immediately issue summons which shall be served together with a copy of
the petition and a notice of hearing, upon the parents or guardian of the child
and the office of the public prosecutor not less than five (5) days before the
date of the hearing. The office of the public prosecutor shall be directed to
immediately transmit the summons to the prosecutor assigned to the Family
Court concerned.
If it appears from the petition that both parents of the child are dead or that
neither parent can be found in the province or city where the court is located
and the child has no guardian residing therein, summons may not be issued
and the court shall thereupon appoint a guardian ad litem pursuant to Sub-
section (f) below and proceed with the hearing of the case with due notice to
the provincial or city prosecutor.
(e) Social Worker. – After the court sets the petition for hearing in
accordance with Sub-section (d) above, it shall direct the social worker to
submit, before the hearing, a case study report of the child to aid it in
evaluating whether said child should be committed to the care of the
Department or any duly licensed child-placement or child-caring agency or
individual. The report shall bear the signature of the social worker on every
page.
28

(f) Guardian Ad Litem of Child. – If neither of the parents nor the guardian of
the child can be located or does not appear in court despite due notice, or if
the court finds them incompetent to protect the best interests of the child, it
shall be the duty of the court to appoint a suitable person as guardian ad
litem to represent the child. In making the appointment, the court shall
consider the background of the guardian ad litem and his familiarity with the
judicial process, social service programs and child development. A member
of the Philippine Bar may be appointed guardian ad litem.
(g) Child’s Right to Counsel. – The court, upon request of the child capable of
forming his own views or upon request of his guardian ad litem, shall appoint
a lawyer to represent him in the proceedings.
(h) Duty of Public Prosecutor. – The provincial or “city prosecutor shall
appear for the State and ascertain if there has been due notice to all parties
concerned and that there is justification for the declaration of dependency,
abandonment or neglect.
(i) Hearing. – The court shall direct the person or agency which has custody
of the child to bring the latter to the court on the date of the hearing of the
petition and shall ascertain the facts and determine whether the child is
dependent, abandoned, or neglected, and if so, the-cause and
circumstances of such condition.
(j) Judgment. – If, after the hearing, the court shall find the child to be
dependent, abandoned, or neglected, it shall render judgment committing
him to the care and custody of the Department or any duly licensed child-
placement or child-caring agency or individual until he reaches the age of
eighteen (18), The judgment shall likewise make proper provisions for the
custody of the property or money belonging to the committed child.
If the child is committed to the Department, it shall notify the court within
thirty (30) days from the order of commitment, the name and address of the
duly licensed and accredited child-placement or child-caring agency or
individual where the child shall be placed.
However, if the court finds that the abandonment or neglect of the child may
be remedied, the child may be allowed to stay in his own home under the
care and control of his parents or guardian, subject to supervision and
direction of the Department.
(k) Visitation or Inspection. – Any duly licensed child-placement or child-
caring agency or individual to whom a child has been committed by the court
SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE
shall be subject to visitation or inspection by a representative of the court or
of the Department, as the case may be or of both, to determine whether the
welfare and interests of the child are being served,
(I) Report of Person or Institution. – Any duly licensed child-placement or
child-caring agency or individual to whom a child has been committed by
judicial order may at any time be required by the court to submit a report,
containing all necessary information for determining whether the welfare of
the child is being served.
(m) Temporary Custody of Child. – The duly licensed child-placement or
child-caring agency or individual to whom a child has been committed may
file a verified motion with the court which granted the petition for involuntary
commitment of a child to place him in the care of any suitable person, upon
the latter’s request, for a period not exceeding one month at a time. The
court may order the social worker to submit a case study report to aid it in
evaluating whether such temporary custody shall be for the best interests of
the child. The period of temporary custody of the child may be extended by
the court for a period not exceeding one month at a time upon motion of the
duly licensed child-placement or child-caring agency or individual to which
the child has been committed.
The court, motu proprio, or upon request of the child assisted by his guardian
ad litem, or at the instance of the agency or person to whom the child was
committed, after due notice and hearing, shall discontinue the temporary
custody of the child if it appears that he is not being given proper care.
After one month from the date temporary custody of the child was given to
another suitable person, the agency or individual shall submit to the court a
verified report on whether the temporary custody of the child has promoted
his best interests.
(n) Change of Custody. – If the child is committed to the Department, it shall
have the authority to change the custody o! a child it had placed with any
duly licensed child-placement or child-caring agency or individual if it appears
that such change is for the best interests of the child. The Department shall
notify the court of any change in custody of the child,
When conflicting interests arise among child-placement or child-caring
agencies, the court which granted the involuntary commitment of the child,
upon motion of the Department or any of the agencies concerned, shall order
the change of commitment of the child.
29

(o) Removal of Custody. – A motion to remove custody of a child may be
filed by an authorized representative of the Department with knowledge of
the facts against a child-placement or child-caring agency or individual to
whose custody a child has been committed by the court on the ground of
neglect of such child as defined in Section 3 (e) of this Rule. The court shall
set the motion for hearing with notice to the public prosecutor and the court-
designated social worker. If the court finds after hearing that the allegations
of the motion have been established and that it is for the best interests and
welfare of the child, the court shall issue an order removing him from the
custody of the person or agency, as the case may be, and committing him to
the custody of another duly licensed child-placement or child-caring agency
or individual.
In the same proceeding, the court may suspend or revoke the license of the
agency or individual found guilty of such neglect depending upon the gravity
or frequency of the offense.
(p) Restoration of Parental Authority After Involuntary Commitment. –
(i) Who may file; Ground. – The parents or guardian of a child committed to
the care of a person, agency or institution by judicial order may file a verified
motion for the restoration of his rights over the child with the court which
granted the involuntary commit-ment on the ground that he is now able to
take proper care and custody of said child, provided, however, that the child
has not yet been adopted.
(ii) Notice of Hearing. – The court shall fix the time and date for the hearing of
the motion, which shall not be earlier than thirty (30) days nor later than sixty
(60) days from the date of the filing of said motion and cause notice of the
hearing to be sent to the person, agency or institution to which the child has
been committed, the public prosecutor and the court-designated social
worker, at least five (5) days before the date of hearing.
(iii) Hearing. – At the hearing, any person may be allowed to intervene at the
discretion of the court to contest the right to the relief demanded. Witnesses
may be called and examined by the parties or by the court motu proprio.
(iv) Resolution. – If it is found that the cause for the commitment of the child
no longer exists and that the movant is already able to take proper care and
custody of the child, the court, after taking into consideration the best
interests and the welfare of the child, shall issue a resolution terminating the
parental authority of the person, agency or institution to whom the child was
committed by judicial order and restoring parental authority to the movant.
SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE
q) Jurisdiction for Prosecution of Punishable Acts. – The Family Court which
granted the involuntary commitment shall have jurisdiction over the
prosecution of a child who left without prior permission from the person or
institution to which he has been judicially committed or the person under
whose custody he has been judicially committed in accordance with Sub-
section (m) of Section 4 of this Rule. It shall likewise have jurisdiction over
the person who induced the child to leave such person or institution, except
in case of actual or imminent grave physical or moral danger to the child. The
Family Court which granted the involuntary commitment shall also have
jurisdiction over the prosecution of parents or guardians of the child who may
be held liable under Articles 59 and 60 of P.D. No. 603 and Sections 9, 10
and 31 of R.A. No. 7610.
SEC. 5. Voluntary Commitment of a Child to an Institution or Individual.
– The parent or guardian of a dependent, abandoned or neglected child may
voluntarily commit him to the Department or any duly licensed child-
placement or child-caring agency or individual subject to the rules of the
Department. However, no child shall be committed unless he is surrendered
in writing by his parents or guardian stating such voluntary commitment and
specifically naming the office, agency, or individual to whose custody the
child is to be committed. Such written instrument should be notarized and
signed in the presence of an authorized representative of the Department
after counseling and other services have been made available to encourage
the child’s parents to keep the child.
(a) Petition for Removal of Custody. –
(i) Who may file; Ground. – The parents or guardian who voluntarily
committed the child, or in their absence or failure, any person with knowledge
of the facts, may file a verified petition to remove custody of the child against
the child-placement or child-caring agency or individual to whose custody the
child has been voluntarily committed on the ground of neglect of such child
as defined in Section 3 (e) of this Rule. A child may also be removed from
the custody of the child-placement or child-caring agency or individual on the
ground that the voluntary commitment of the child was unjustified.
(ii) Venue. – The petition shall be filed with the Family Court of the province
or city where the child-placement or child-caring agency to which the child
has been voluntarily committed is located or where the child may be found.
(iii) Contents of Verified Petition. – The petition must state:
The name and address of the child-placement or child-caring agency or
individual to whose custody the child has been voluntarily committed;
30

The facts showing that the child has been neglected by the agency or in
cases where the voluntary commitment was unjustified, that the parents of
the child are actually capable of taking care and custody of the child;
The name, address and written consent of the duly licensed child-placement
or child-caring agency or individual to whose care the child may be
transferred.
The facts showing that petitioner has exhausted the administrative remedies
available to him,
(iv) Notice of Hearing. – If the petition is sufficient in form and substance, the
court shall set the same for hearing with notice to the Department, the public
prosecutor, the court-designated social worker, the agency or individual to
whom the child has been committed and in appropriate cases, the parents of
the child.
(v) Judgment. – If after hearing the court finds that the allegations of the
petition have been established and that it is for the best interests and welfare
of the child, it shall issue an order removing the child from the custody of the
person or agency concerned, and committing him to the custody of another
duly licensed child-placement or child-caring agency or individual.
The court, in the same proceeding may, after hearing the comment or
recommendation of the Department, suspend or revoke the license of the
agency or individual found guilty of such neglect depending upon the gravity
or frequency of the offense.
(b) Restoration of Parental Authority After Voluntary Commitment. – The
restoration of rights of the parent or guardian over the child who has been
voluntarily committed shall be governed by the rules of the Department,
provided, however, that the petition for restoration is filed within six (6)
months from the date of voluntary commitment. In case the Department
refuses to grant legal custody and parental authority to the parent or
guardian over the child who has been voluntarily committed to an agency or
individual, the parent or guardian may file a petition in court for restoration of
parental authority in accordance with Section 4 (p) of this Rule.
(c) Jurisdiction for Prosecution of Punishable Acts. – The Family Court of the
place where the child may be found or where the duly licensed child-
placement or child-caring agency or individual is located shall have
jurisdiction over the prosecution of a child who left without prior permission
SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE
from the person or institution to which he has been voluntarily committed. It
shall likewise have jurisdiction over the person who induced the child to leave
such person or institution, except in case of grave actual or imminent
physical or moral danger, to the child. The same Family Court shall also have
jurisdiction over the prosecution of parents or guardians of the child who may
be held liable under Articles 59 and 60 of P.O. No, 603 and Sections 9, 10
and 31 of R.A. No. 7610.
SEC. 6. Petition for Commitment of a Disabled Child. –
(a) Who may file. – Where a child appears to be mentally retarded physically
handicapped, emotionally disturbed, mentally ill, with cerebral palsy or with
similar afflictions and needs institutional care but his parents or guardians are
opposed thereto, the Department, or any duly licensed child-placement or
child-caring agency or individual may file a verified petition for commitment of
the said child to any reputable institution providing care, training and
rehabilitation for disabled children.
The parents or guardian of the child may file a similar petition in case no
immediate placement can be arranged for the disabled child when his
welfare and interests are at stake,
(b) Venue. – The petition for commitment of a disabled child shall be filed
with the Family Court of the place where the parent or guardian resides or
where the child is found.
(c) Contents of Verified Petition. – The petition for commitment must stale the
following:
(1) The facts showing that the child appears to be mentally retarded,
physically handicapped, emotionally disturbed, mentally ill, with cerebral
‘palsy or with similar afflictions and needs institutional care;
(2) The name of the parents and their residence, if known, or if the child has
no living parent, the name and residence of the guardian, if any; and
(3) The fact that the parents or guardian or any duty licensed disabled child-
placement or child-caring agency, as the case may be, has opposed the
commitment of such child;
(4) The name and written conformity of the institution where the child is to be
committed.
(5) An estimate of the costs and other expenses of maintaining the child in
the institution.
31

The verified petition shall be sufficient if based upon the personal knowledge
of the petitioner.
(d) Order of Hearing; Notice. – If the petition filed is sufficient in form and
substance, the court, by an order reciting the purpose of the petition, shall fix
the date of the hearing thereof, and a copy of such order shall be served on
the child alleged to be mentally retarded, physically handicapped,
emotionally disturbed, mentally ill, with cerebral palsy or with similar
afflictions and on the person having charge of him or any of his relatives
residing in the province or city as the court may deem proper.
SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE
(2) He has been sufficiently rehabilitated from his physical handicap or if of
working age, is already fit to engage in gainful occupation; or
(3) He has been sufficiently relieved of his psychological, mental and
emotional problems and is ready to assume normal social relations.
SEC. 7. Effectivity. – This rule shall take effect on April 15, 2002 after its
publication in a newspaper of general circulation not later than March 15,
2002.

The order shall also direct the sheriff or any other officer of the court to
produce, if necessary, the alleged disabled child on the date of the hearing.

(e) Hearing and Judgment. – If the court finds that the allegations of the
petition have been established and that institutional care of the child is for his
best interests or the public welfare and that his parents, or guardian or
relatives are unable for any reason whatsoever to take proper care of him,
the court shall order his commitment to the proper institution for disabled
children. The court shall likewise make proper provisions for the custody of
the property or money belonging to the committed child.

The expense of maintaining a disabled child in the institution to which he has

been committed shall be borne primarily by the parents or guardian and
secondarily, by such disabled child, if he has property of his own.

In all cases where the expenses for the maintenance of the disabled child
cannot be paid in accordance with the immediately preceding paragraph, the
Department shall bear the expenses, or such part thereof as may remain
unpaid.

The court shall furnish the institution to which the child has been committed
with a copy of its judgment, together with ail the reports and other data
pertinent to the case.

(f) Discharge of Judicially Committed Disabled Child. – Upon motion of the

parent, guardian or institution to which the child has been judicially
committed under this Rule, the court, after hearing, shall order the discharge
of such child if it is established and certified by the Department that:
(1) He is no longer a danger to himself and the community;

32
 SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE

A.M. No. 02-2-07-SC April 10, 2002

RE: PROPOSED AMENDMENTS TO SECTION 5, RULE 110 OF THE

REVISED RULES OF CRIMINAL PROCEDURE

RESOLUTION

Acting on the Memorandum dated 2 February 2002 of Court

Administrator Prosbitero J. Velasco, Jr. submitting for this Court's
consideration and approval the proposed amendment to Sec. 5, Rule 110 of
the Revised Rules of Criminal Procedure, the Court Resolved to APPROVE
the amendment to Sec. 5, Rule 110 so as to read as follows:

"Section 5. Who must prosecute criminal action. - All criminal actions

either commenced by complaint or by information shall be prosecuted under
the direction and control of a public prosecutor. In case of heavy work
schedule of the public prosecutor or in the event of lack of public
prosecutors, the private prosecutor may be authorized in writing by the Chief
of the Prosecution Office or the Regional State Prosecutor to prosecute the
case subject to the approval of the court. Once so authorized to prosecute
the criminal action, the private prosecutor shall continue to prosecute the
case up to end of the trial even in the absence of a public prosecutor, unless
the authority is revoked or otherwise withdrawn. x x x ."

This amendment to Rule 110 shall take effect on the first day of May
2002 following its publication in two newspapers of general circulation on or
before 30 April 2002.

April 10, 2002.

33

SC AM No. 03-1-09-SC
RULE ON GUIDELINES TO BE OBSERVED BY THE TRIAL JUDGES AND
CLERKS OF COURT IN THE CONDUCT OF PRE-TRIAL AND USE OF
DEPOSITION-DISCOVERY MEASURES
A. Civil Cases
1 The number and names of the witnesses, the substance of their testimonies,
Within one day from receipt of the complaint:
1.1 Summons shall be prepared and shall contain a reminder to defendant to
observe restraint in filing a motion to dismiss and instead allege the grounds
thereof as defenses in the Answer, in conformity with IBP-OCA
Memorandum on Policy Guidelines dated March 12, 2002. A copy of the
summons is hereto attached as Annex "A;" and
1.2 The court shall issue an order requiring the parties to avail of
interrogatories to parties under Rule 25 and request for admission by
adverse party under Rule 26 or at their discretion make use of depositions
under Rule 23 or other measures under Rules 27 and 28 within five days
from the filing of the answer. A copy of the order shall be served upon the
defendant together with the summons and upon the plaintiff.
Within five (5) days from date of filing of the reply, the plaintiff must promptly
move ex parte that the case be set for pre-trial conference. If the plaintiff fails
to file said motion within the given period, the Branch COC shall issue a
notice of pre-trial.
2 matters as may aid in its prompt disposition.
The parties shall submit, at least three (3) days before the pre-trial, pre-trial
briefs containing the following:
A statement of their willingness to enter into an amicable settlement
indicating the desired terms thereof or to submit the case to any of the
alternative modes of dispute resolution;
A summary of admitted facts and proposed stipulation of facts;
The issues to be tried or resolved;
The documents or exhibits to be presented, stating the purpose thereof. (No
evidence shall be allowed to be presented and offered during the trial in
SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE
support of a party's evidence-in-chief other than those that had been earlier
identified and pre-marked during the pre-trial, except if allowed by the court
for good cause shown);
A manifestation of their having availed or their intention to avail themselves
of discovery procedures or referral to commissioners; and
and the approximate number of hours that will be required by the parties for
the presentation of their respective witnesses.
A copy of the Notice of Pre-trial Conference is hereto attached as Annex "B."
The rule on the contents of the pre-trial brief must strictly be complied with.
The parties are bound by the representations and statements in their
respective pre-trial briefs.
3
At the start of the pre-trial conference, the judge shall immediately refer the
parties and/or their counsel if authorized by their clients to the PMC
mediation unit for purposes of mediation if available. If mediation fails, the
judge will schedule the continuance of the pre-trial conference. Before the
continuance, the Judge may refer the case to the Branch COC for a
preliminary conference to assist the parties in reaching a settlement, to mark
the documents or exhibits to be presented by the parties and copies thereof
to be attached to the records after comparison and to consider such other
During the preliminary conference, the Branch COC shall also ascertain from
the parties the undisputed facts and admissions on the genuineness and due
execution of the documents marked as exhibits. The proceedings during the
preliminary conference shall be recorded in the "Minutes of Preliminary
Conference" to be signed by both parties and/or counsel, the form of which is
hereto attached as Annex. "C".
The minutes of preliminary conference and the exhibits shall be attached by
the Branch COC to the case record before the pre-trial.
4
Before the continuation of the pre-trial conference, the judge must study all
34

the pleadings of the case, and determine the issues thereof and the
respective positions of the parties thereon to enable him to intelligently steer
the parties toward a possible amicable settlement of the case, or, at the very
least, to help reduce and limit the issues. The judge should not allow the
termination of pre-trial simply because of the manifestation of the parties that
they cannot settle the case. He should expose the parties to the advantages
of pre-trial. He must also be mindful that there are other important aspects of
the pre-trial that ought to be taken up to expedite the disposition of the case.
The Judge with all tact, patience, impartiality and with due regard to the
rights of the parties shall endeavor to persuade them to arrive at a settlement
of the dispute. The court shall initially ask the parties and their lawyers if an
amicable settlement of the case is possible. If not, the judge may confer with
the parties with the opposing counsel to consider the following:
Given the evidence of the plaintiff presented in his pre-trial brief to support
his claim, what manner of compromise is considered acceptable to the
defendant at the present stage?
Given the evidence of the defendant described in his pre-trial brief to support
his defense, what manner of compromise is considered acceptable to the
plaintiff at the present stage?
If not successful, the court shall confer with the party and his counsel
separately.
If the manner of compromise is not acceptable, the judge shall confer with
the parties without their counsel for the same purpose of settlement.
5 case flow chart determined by the court, which shall contain the different
If all efforts to settle fail, the trial judge shall:
Adopt the minutes of preliminary conference as part of the pre-trial
proceedings and confirm markings of exhibits or substituted photocopies and
admissions on the genuineness and due execution of documents;
Inquire if there are cases arising out of the same facts pending before other
courts and order its consolidation if warranted;
Inquire if the pleadings are in order. If not, order the amendments if
necessary;
SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE
Inquire if interlocutory issues are involved and resolve the same;
Consider the adding or dropping of parties;
Scrutinize every single allegation of the complaint, answer and other
pleadings and attachments thereto and the contents of documents and all
other evidence identified and pre-marked during pre-trial in determining
further admissions of facts and documents. To obtain admissions, the Court
shall ask the parties to submit the depositions taken under Rule 23, the
answers to written interrogatories under Rule 25 and the answers to request
for admissions by the adverse party under Rule 26. It may also require the
production of documents or things requested by a party under Rule 27 and
the results of the physical and mental examination of persons under Rule 28;
Define and simplify the factual and legal issues arising from the pleadings.
Uncontroverted issues and frivolous claims or defenses should be
eliminated. For each factual issue, the parties/counsel shall state all the
evidence to support their positions thereon. For each legal issue,
parties/counsel shall state the applicable law and jurisprudence supporting
their respective positions thereon. If only legal issues are presented, the
judge shall require the parties to submit their respective memoranda and the
court can proceed to render judgment;
Determine the propriety of rendering a summary judgment dismissing the
case based on the disclosures made at the pre-trial or a judgment based on
the pleadings, evidence identified and admissions made during pre-trial;
Ask parties to agree on the specific trial dates for continuous trial in
accordance with Circular No. 1-89 dated January 19, 1989; adhere to the
stages of the proceedings up to the promulgation of the decision and use the
time frame for each stage in setting the trial dates. The One-Day
Examination of Witness Rule, that is, a witness has to be fully examined in
one (1) day only, shall be strictly adhered to subject to the courts' discretion
during trial on whether or not to extend the direct and/or cross-examination
for justifiable reasons. On the last hearing day allotted for each party, he is
required to make his formal offer of evidence after the presentation of his last
witness and the opposing party is required to immediately interpose his
objection thereto. Thereafter, the Judge shall make the ruling on the offer of
evidence in open court. However the judge has the discretion to allow the
offer of evidence in writing in conformity with Section 35, Rule 132;
Determine the most important witnesses to be heard and limit the number of
35

witnesses (Most Important Witness Rule). The facts to be proven by each
witness and the approximate number of hours per witness shall be fixed;
At his discretion, order the parties to use the affidavits of witnesses as direct
testimonies subject to the right to object to inadmissible portions thereof and
to the right of cross-examination by the other party. The affidavits shall be
based on personal knowledge, shall set forth facts as would be admissible in
evidence, and shall show affirmatively that the affiant is competent to testify
to the matters stated therein. The affidavits shall be in question and answer
form, and shall comply with the rules on admissibility of evidence;
Require the parties and/or counsel to submit to the Branch COC the names,
addresses and contact numbers of the witnesses to be summoned by
subpoena;
Order the delegation of the reception of evidence to the Branch COC under
Rule 30; and
Refer the case to a trial by commissioner under Rule 32.
During the pre-trial, the judge shall be the one to ask questions on issues
raised therein and all questions or comments by counsel or parties must be
directed to the judge to avoid hostilities between the parties.
6 case shall be held within ten days after arraignment unless a shorter period
The trial judge shall schedule the pre-trial in the afternoon sessions and set
as many pre-trial conferences as may be necessary.
7 After the arraignment, the court shall forthwith set the pre-trial conference
All proceedings during the pre-trial shall be recorded. The minutes of each
pre-trial conference shall contain matters taken up therein more particularly
admissions of facts and exhibits and shall be signed by the parties and their
counsel.
8 Referring the case to the Branch COC, if warranted, for a preliminary
The judge shall issue the required Pre-Trial Order within ten (10) days after
the termination of the pre-trial. Said Order shall bind the parties, limit the trial
to matters not disposed of and control the course of the action during the
trial. A sample Pre-Trial Order is hereto attached as Annex "D."
SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE
However, the Court may opt to dictate the Pre-Trial Order in open court in the
presence of the parties and their counsel and with the use of a computer,
shall have the same immediately finalized and printed. Once finished, the
parties and/or their counsel shall sign the same to manifest their conformity
thereto.
9
The court shall endeavor to make the parties agree to an equitable
compromise or settlement at any stage of the proceedings before rendition of
judgment
B. Criminal Cases
1
Before arraignment, the Court shall issue an order directing the public
prosecutor to submit the record of the preliminary investigation to the Branch
COC for the latter to attach the same to the record of the criminal case.
Where the accused is under preventive detention, his case shall be raffled
and its records transmitted to the judge to whom the case was raffled within
three days from the filing of the complaint or information. The accused shall
be arraigned within ten days from the date of the raffle. The pre-trial of his
is provided for by law.
2
within thirty days from the date of arraignment, and issue an order:
Requiring the private offended party to appear thereat for purposes of plea-
bargaining except for violations of the Comprehensive Dangerous Drugs Act
of 2002, and for other matters requiring his presence;
conference to be set at least three days prior to the pre-trial to mark the
documents or exhibits to be presented by the parties and copies thereof to
be attached to the records after comparison and to consider other matters as
may aid in its prompt disposition; and
36

Informing the parties that no evidence shall be allowed to be presented and
offered during the trial other than those identified and marked during the pre-
trial except when allowed by the court for good cause shown. A copy of the
order is hereto attached as Annex "E".
In mediatable cases, the judge shall refer the parties and their counsel to the
PMC unit for purposes of mediation if available.
3 object and testimonial evidence;
During the preliminary conference, the Branch COC shall assist the parties in
reaching a settlement of the civil aspect of the case, mark the documents to
be presented as exhibits and copies thereof attached to the records after
comparison, ascertain from the parties the undisputed facts and admissions
on the genuineness and due execution of documents marked as exhibits and
consider such other matters as may aid in the prompt disposition of the case.
The proceedings during the preliminary conference shall be recorded in the
Minutes of Preliminary Conference to be signed by both parties and counsel.
(Please see Annex "B")
The Minutes of Preliminary Conference and the exhibits shall be attached by
the Branch COC to the case record before the pre-trial.
4
Before the pre-trial conference the judge must study the allegations of the
information, the statements in the affidavits of witnesses and other
documentary evidence which form part of the record of the preliminary
investigation.
5 (8.) Disclosure of defenses of alibi, insanity, self-defense, exercise of public
During the pre-trial, except for violations of the Comprehensive Dangerous
Drugs Act of 2002, the trial judge shall consider plea-bargaining
arrangements. Where the prosecution and the offended party agree to the
plea offered by the accused, the court shall:
Issue an order which contains the plea bargaining arrived at;
Proceed to receive evidence on the civil aspect of the case; and
Render and promulgate judgment of conviction, including the civil liability or
damages duly established by the evidence.
SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE
6
When plea bargaining fails, the Court shall:
Adopt the minutes of preliminary conference as part of the pre-trial
proceedings, confirm markings of exhibits or substituted photocopies and
admissions on the genuineness and due execution of documents and list
Scrutinize every allegation of the information and the statements in the
affidavits and other documents which form part of the record of the
preliminary investigation and other documents identified and marked as
exhibits in determining farther admissions of facts, documents and in
particular as to the following:
(1.) The identity of the accused;
(2.) Court's territorial jurisdiction relative to the offense/s charged;
(3.) Qualification of expert witness/es;
(4.) Amount of damages;
(5.) Genuineness and due execution of documents;
(6.) The cause of death or injury, in proper cases;
(7.) Adoption of any evidence presented during the preliminary investigation;
authority and justifying or exempting circumstances; and
(9.) Such other matters that would limit the facts in issue.
Define factual and legal issues;
Ask parties to agree on the specific trial dates and adhere to the flow chart
determined by the court which shall contain the time frames for the different
stages of the proceeding up to promulgation of decision and use the time
frame for each stage in setting the trial dates;
37
 SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE

Require the parties to submit to the Branch COC the names, addresses and
contact numbers of witnesses that need to be summoned by subpoena;[16]
and

Consider modification of order of trial if the accused admits the charge but
interposes a lawful defense.

During the pre-trial, the judge shall be the one to ask questions on issues
raised therein and all questions must be directed to him to avoid hostilities
between parties.

All agreements or admissions made or entered during the pre-trial

conference shall be reduced in writing and signed by the accused and
counsel, otherwise, they cannot be used against the accused. The
agreements covering the matters referred to in Section 1 of Rule 118 shall be
approved by the court.

All proceedings during the pre-trial shall be recorded, the transcripts

prepared and the minutes signed by the parties and/or their counsels.

10

The trial judge shall issue a Pre-trial Order within ten (10) days after the
termination of the pre-trial setting forth the actions taken during the pre-trial
conference, the facts stipulated, the admissions made, evidence marked, the
number of witnesses to be presented and the schedule of trial. Said Order
shall bind the parties, limit the trial to matters not disposed of and control the
course the action during the trial.

38

A.M. No. 06-11-5-SC 2 October 2007 f.
RULE ON DNA EVIDENCE likelihood of parentage of a putative parent compared with the
SECTION 1. Scope. – This Rule shall apply whenever DNA evidence, as
defined in Section 3 hereof, is offered, used, or proposed to be offered or
used as evidence in all criminal and civil actions as well as special
proceedings.
Sec. 2. Application of other Rules on Evidence. – In all matters not
specifically covered by this Rule, the Rules of Court and other pertinent
provisions of law on evidence shall apply.
Sec. 3. Definition of Terms. – For purposes of this Rule, the following
terms shall be defined as follows:
a. “Biological sample” means any organic material originating from a
person’s body, even if found in inanimate objects, that is
susceptible to DNA testing. This includes blood, saliva and other
body fluids, tissues, hairs and bones;
b. “DNA” means deoxyribonucleic acid, which is the chain of
molecules found in every nucleated cell of the body. The totality
of an individual’s DNA is unique for the individual, except identical
twins;
c. “DNA evidence” constitutes the totality of the DNA profiles, results
and other genetic information directly generated from DNA testing
of biological samples;
d. “DNA profile” means genetic information derived from DNA
testing of a biological sample obtained from a person, which
biological sample is clearly identifiable as originating from that
person;
e. “DNA testing” means verified and credible scientific methods
which include the extraction of DNA from biological samples, the
generation of DNA profiles and the comparison of the information
obtained from the DNA testing of biological samples for the
purpose of determining, with reasonable certainty, whether or not
the DNA obtained from two or more distinct biological samples
originates from the same person (direct identification) or if the
biological samples originate from related persons (kinship
analysis); and
SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE
“Probability of Parentage” means the numerical estimate for the
probability of a random match of two unrelated individuals in a
given population.
Sec. 4. Application for DNA Testing Order. – The appropriate court
may, at any time, either motu proprio or on application of any person who
has a legal interest in the matter in litigation, order a DNA testing. Such
order shall issue after due hearing and notice to the parties upon a
showing of the following:
a. A biological sample exists that is relevant to the case;
b. The biological sample: (i) was not previously subjected to the type
of DNA testing now requested; or (ii) was previously subjected to
DNA testing, but the results may require confirmation for good
reasons;
c. The DNA testing uses a scientifically valid technique;
d. The DNA testing has the scientific potential to produce new
information that is relevant to the proper resolution of the case;
and
e. The existence of other factors, if any, which the court may
consider as potentially affecting the accuracy of integrity of the
DNA testing.
This Rule shall not preclude a DNA testing, without need of a prior court
order, at the behest of any party, including law enforcement agencies,
before a suit or proceeding is commenced.
Sec. 5. DNA Testing Order. – If the court finds that the requirements in
Section 4 hereof have been complied with, the court shall –
a. Order, where appropriate, that biological samples be taken from
any person or crime scene evidence;
b. Impose reasonable conditions on DNA testing designed to protect
the integrity of the biological sample, the testing process and the
reliability of the test results, including the condition that the DNA
test results shall be simultaneously disclosed to parties involved
in the case; and
c. If the biological sample taken is of such an amount that prevents
the conduct of confirmatory testing by the other or the adverse
39

party and where additional biological samples of the same kind
can no longer be obtained, issue an order requiring all parties to
the case or proceedings to witness the DNA testing to be
conducted.
An order granting the DNA testing shall be immediately executory and
shall not be appealable. Any petition for certiorari initiated therefrom shall
not, in any way, stay the implementation thereof, unless a higher court
issues an injunctive order. The grant of DNA testing application shall not
be construed as an automatic admission into evidence of any component
of the DNA evidence that may be obtained as a result thereof.
Sec. 6. Post-conviction DNA Testing. – Post-conviction DNA testing
may be available, without need of prior court order, to the prosecution or
any person convicted by final and executory judgment provided that (a) a
biological sample exists, (b) such sample is relevant to the case, and (c)
the testing would probably result in the reversal or modification of the
judgment of conviction.
Sec. 7. Assessment of probative value of DNA evidence. – In
assessing the probative value of the DNA evidence presented, the court
shall consider the following:
a. The chair of custody, including how the biological samples were
collected, how they were handled, and the possibility of
contamination of the samples;
b. The DNA testing methodology, including the procedure followed
in analyzing the samples, the advantages and disadvantages of
the procedure, and compliance with the scientifically valid
standards in conducting the tests;
c. The forensic DNA laboratory, including accreditation by any
reputable standards-setting institution and the qualification of the
analyst who conducted the tests. If the laboratory is not
accredited, the relevant experience of the laboratory in forensic
casework and credibility shall be properly established; and
d. The reliability of the testing result, as hereinafter provided.
The provisions of the Rules of Court concerning the appreciation of
evidence shall apply suppletorily.
SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE
Sec. 8. Reliability of DNA Testing Methodology. – In evaluating
whether the DNA testing methodology is reliable, the court shall consider
the following:
a. The falsifiability of the principles or methods used, that is,
whether the theory or technique can be and has been tested;
b. The subjection to peer review and publication of the principles or
methods;
c. The general acceptance of the principles or methods by the
relevant scientific community;
d. The existence and maintenance of standards and controls to
ensure the correctness of data generated;
e. The existence of an appropriate reference population database;
and
f. The general degree of confidence attributed to mathematical
calculations used in comparing DNA profiles and the significance
and limitation of statistical calculations used in comparing DNA
profiles.
Sec. 9. of DNA Testing Results. – In evaluating the results of DNA
testing, the court shall consider the following:
a. The evaluation of the weight of matching DNA evidence or the
relevance of mismatching DNA evidence;
b. The results of the DNA testing in the light of the totality of the
other evidence presented in the case; and that
c. DNA results that exclude the putative parent from paternity shall
be conclusive proof of non-paternity. If the value of the Probability
of Paternity is less than 99.9%, the results of the DNA testing
shall be considered as corroborative evidence. If the value of the
Probability of Paternity is 99.9% or higher there shall be a
disputable presumption of paternity.
Sec. 10. Post-conviction DNA Testing – Remedy if the Results Are
Favorable to the Convict. – The convict or the prosecution may file a
petition for a writ of habeas corpus in the court of origin if the results of
the post-conviction DNA testing are favorable to the convict. In the case
the court, after due hearing finds the petition to be meritorious, if shall
reverse or modify the judgment of conviction and order the release of the
convict, unless continued detention is justified for a lawful cause.
40

A similar petition may be filed either in the Court of Appeals or the
Supreme Court, or with any member of said courts, which may conduct a
hearing thereon or remand the petition to the court of origin and issue the
appropriate orders.
Sec. 11. Confidentiality. – DNA profiles and all results or other
information obtained from DNA testing shall be confidential. Except upon
order of the court, a DNA profile and all results or other information
obtained from DNA testing shall only be released to any of the following,
under such terms and conditions as may be set forth by the court:
SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE
ii. in case the accused is serving sentence, until
such time as the accused has served his
sentence;
a. In all other cases, until such time as the decision in the case
where the DNA evidence was introduced has become final and
executory.
The court may allow the physical destruction of a biological sample
before the expiration of the periods set forth above, provided that:

a. Person from whom the sample was taken;
b. Person from whom the sample was taken;
c. Lawyers of private complainants in a criminal action;
d. Duly authorized law enforcement agencies; and
e. Other persons as determined by the court.
Whoever discloses, utilizes or publishes in any form any information
concerning a DNA profile without the proper court order shall be liable for
indirect contempt of the court wherein such DNA evidence was offered,
presented or sought to be offered and presented.
a. A court order to that effect has been secured; or
b. The person from whom the DNA sample was obtained has
consented in writing to the disposal of the DNA evidence.
Sec. 13. Applicability to Pending Cases. Except as provided in Section
6 and 10 hereof, this Rule shall apply to cases pending at the time of its
effectivity.
Sec. 14. Effectivity. This Rule shall take effect on October 15, 2007,
following publication in a newspaper of general circulation.

Where the person from whom the biological sample was taken files a
written verified request to the court that allowed the DNA testing for the
disclosure of the DNA profile of the person and all results or other
information obtained from the DNA testing, he same may be disclosed to
the persons named in the written verified request.

Sec. 12. Preservation of DNA Evidence. The trial court shall preserve
the DNA evidence in its totality, including all biological samples, DNA
profiles and results or other genetic information obtained from DNA
testing. For this purpose, the court may order the appropriate government
agency to preserve the DNA evidence as follows:

a. In criminal cases:

i. for not less than the period of time that any person
is under trial for an offense; or

41

A.M. No. 07-9-12-SC 25 September 2007 thereof, or to any Regional Trial Court of the place where the threat, act
THE RULE ON THE WRIT OF AMPARO or omission was committed or any of its elements occurred.
SECTION 1. Petition. – The petition for a writ of amparo is a remedy
available to any person whose right to life, liberty and security is violated
or threatened with violation by an unlawful act or omission of a public
official or employee, or of a private individual or entity.
The writ shall cover extralegal killings and enforced disappearances or
threats thereof.
SEC. 2. Who May File. – The petition may be filed by the aggrieved party
or by any qualified person or entity in the following order:
a. Any member of the immediate family, namely: the spouse,
children and parents of the aggrieved party;
b. Any ascendant, descendant or collateral relative of the aggrieved
party within the fourth civil degree of consanguinity or affinity, in
default of those mentioned in the preceding paragraph; or
c. Any concerned citizen, organization, association or institution, if
there is no known member of the immediate family or relative of
the aggrieved party.
The filing of a petition by the aggrieved party suspends the right of all
other authorized parties to file similar petitions. Likewise, the filing of the
petition by an authorized party on behalf of the aggrieved party suspends
the right of all others, observing the order established herein.
SEC. 3. Where to File. – The petition may be filed on any day and at any
time with the Regional Trial Court of the place where the threat, act or
omission was committed or any of its elements occurred, or with the
Sandiganbayan, the Court of Appeals, the Supreme Court, or any justice
of such courts. The writ shall be enforceable anywhere in the Philippines.
When issued by a Regional Trial Court or any judge thereof, the writ shall
be returnable before such court or judge.
When issued by the Sandiganbayan or the Court of Appeals or any of
their justices, it may be returnable before such court or any justice
SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE
When issued by the Supreme Court or any of its justices, it may be
returnable before such Court or any justice thereof, or before the
Sandiganbayan or the Court of Appeals or any of their justices, or to any
Regional Trial Court of the place where the threat, act or omission was
committed or any of its elements occurred.
SEC. 4. No Docket Fees. – The petitioner shall be exempted from the
payment of the docket and other lawful fees when filing the petition. The
court, justice or judge shall docket the petition and act upon it
immediately.
SEC. 5. Contents of Petition. – The petition shall be signed and verified
and shall allege the following:
a. The personal circumstances of the petitioner;
b. The name and personal circumstances of the respondent
responsible for the threat, act or omission, or, if the name is
unknown or uncertain, the respondent may be described by an
assumed appellation;
c. The right to life, liberty and security of the aggrieved party
violated or threatened with violation by an unlawful act or
omission of the respondent, and how such threat or violation is
committed with the attendant circumstances detailed in
supporting affidavits;
d. The investigation conducted, if any, specifying the names,
personal circumstances, and addresses of the investigating
authority or individuals, as well as the manner and conduct of the
investigation, together with any report;
e. The actions and recourses taken by the petitioner to determine
the fate or whereabouts of the aggrieved party and the identity of
the person responsible for the threat, act or omission; and
f. The relief prayed for.
The petition may include a general prayer for other just and equitable
reliefs.
42

SEC. 6. Issuance of the Writ. – Upon the filing of the petition, the court,
justice or judge shall immediately order the issuance of the writ if on its
face it ought to issue. The clerk of court shall issue the writ under the seal
of the court; or in case of urgent necessity, the justice or the judge may
issue the writ under his or her own hand, and may deputize any officer or
person to serve it.
The writ shall also set the date and time for summary hearing of the
petition which shall not be later than seven (7) days from the date of its
issuance.
SEC. 7. Penalty for Refusing to Issue or Serve the Writ. – A clerk of
court who refuses to issue the writ after its allowance, or a deputized
person who refuses to serve the same, shall be punished by the court,
justice or judge for contempt without prejudice to other disciplinary
actions.
SEC. 8. How the Writ is Served. – The writ shall be served upon the
respondent by a judicial officer or by a person deputized by the court,
justice or judge who shall retain a copy on which to make a return of
service. In case the writ cannot be served personally on the respondent,
the rules on substituted service shall apply.
SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE
i. to verify the identity of the aggrieved party;
ii. to recover and preserve evidence related to the death or
disappearance of the person identified in the petition
which may aid in the prosecution of the person or persons
responsible;
iii. to identify witnesses and obtain statements from them
concerning the death or disappearance;
iv. to determine the cause, manner, location and time of
death or disappearance as well as any pattern or practice
that may have brought about the death or disappearance;
v. to identify and apprehend the person or persons involved
in the death or disappearance; and
vi. to bring the suspected offenders before a competent
court.
The return shall also state other matters relevant to the investigation, its
resolution and the prosecution of the case.
A general denial of the allegations in the petition shall not be allowed.
SEC. 10. Defenses not Pleaded Deemed Waived. — All defenses shall
be raised in the return, otherwise, they shall be deemed waived.

SEC. 9. Return; Contents. – Within seventy-two (72) hours after service SEC. 11. Prohibited Pleadings and Motions. – The following pleadings
of the writ, the respondent shall file a verified written return together with and motions are prohibited:
supporting affidavits which shall, among other things, contain the
following: a. Motion to dismiss;
b. Motion for extension of time to file return, opposition, affidavit,
a. The lawful defenses to show that the respondent did not violate or position paper and other pleadings;
threaten with violation the right to life, liberty and security of the c. Dilatory motion for postponement;
aggrieved party, through any act or omission; d. Motion for a bill of particulars;
b. The steps or actions taken by the respondent to determine the e. Counterclaim or cross-claim;
fate or whereabouts of the aggrieved party and the person or f. Third-party complaint;
persons responsible for the threat, act or omission; g. Reply;
c. All relevant information in the possession of the respondent h. Motion to declare respondent in default;
pertaining to the threat, act or omission against the aggrieved i. Intervention;
party; and j. Memorandum;
d. If the respondent is a public official or employee, the return shall k. Motion for reconsideration of interlocutory orders or interim relief
further state the actions that have been or will still be taken: orders; and

43

l. Petition for certiorari, mandamus or prohibition against any
interlocutory order.
SEC. 12. Effect of Failure to File Return. — In case the respondent
fails to file a return, the court, justice or judge shall proceed to hear the
petition ex parte.
SEC. 13. Summary Hearing. — The hearing on the petition shall be
summary. However, the court, justice or judge may call for a preliminary
conference to simplify the issues and determine the possibility of
obtaining stipulations and admissions from the parties.
The hearing shall be from day to day until completed and given the same
priority as petitions for habeas corpus.
SEC. 14. Interim Reliefs. — Upon filing of the petition or at anytime
before final judgment, the court, justice or judge may grant any of the
following reliefs:
(a) Temporary Protection Order. – The court, justice or judge,
upon motion or motu proprio, may order that the petitioner or the
aggrieved party and any member of the immediate family be
protected in a government agency or by an accredited person or
private institution capable of keeping and securing their safety. If
the petitioner is an organization, association or institution referred
to in Section 3(c) of this Rule, the protection may be extended to
the officers involved.
The Supreme Court shall accredit the persons and private
institutions that shall extend temporary protection to the petitioner
or the aggrieved party and any member of the immediate family,
in accordance with guidelines which it shall issue.
The accredited persons and private institutions shall comply with
the rules and conditions that may be imposed by the court, justice
or judge.
(b) Inspection Order. — The court, justice or judge, upon verified
motion and after due hearing, may order any person in
possession or control of a designated land or other property, to
SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE
permit entry for the purpose of inspecting, measuring, surveying,
or photographing the property or any relevant object or operation
thereon.
The motion shall state in detail the place or places to be
inspected. It shall be supported by affidavits or testimonies of
witnesses having personal knowledge of the enforced
disappearance or whereabouts of the aggrieved party.
If the motion is opposed on the ground of national security or of
the privileged nature of the information, the court, justice or judge
may conduct a hearing in chambers to determine the merit of the
opposition.
The movant must show that the inspection order is necessary to
establish the right of the aggrieved party alleged to be threatened
or violated.
The inspection order shall specify the person or persons
authorized to make the inspection and the date, time, place and
manner of making the inspection and may prescribe other
conditions to protect the constitutional rights of all parties. The
order shall expire five (5) days after the date of its issuance,
unless extended for justifiable reasons.
(c) Production Order. – The court, justice or judge, upon verified
motion and after due hearing, may order any person in
possession, custody or control of any designated documents,
papers, books, accounts, letters, photographs, objects or tangible
things, or objects in digitized or electronic form, which constitute
or contain evidence relevant to the petition or the return, to
produce and permit their inspection, copying or photographing by
or on behalf of the movant.
The motion may be opposed on the ground of national security or
of the privileged nature of the information, in which case the
court, justice or judge may conduct a hearing in chambers to
determine the merit of the opposition.
44

The court, justice or judge shall prescribe other conditions to
protect the constitutional rights of all the parties.
(d) Witness Protection Order. – The court, justice or judge, upon
motion or motu proprio, may refer the witnesses to the
Department of Justice for admission to the Witness Protection,
Security and Benefit Program, pursuant to Republic Act No. 6981.
The court, justice or judge may also refer the witnesses to other
government agencies, or to accredited persons or private
institutions capable of keeping and securing their safety.
SEC. 15. Availability of Interim Reliefs to Respondent. – Upon verified
motion of the respondent and after due hearing, the court, justice or judge
may issue an inspection order or production order under paragraphs (b)
and (c) of the preceding section.
A motion for inspection order under this section shall be supported by
affidavits or testimonies of witnesses having personal knowledge of the
defenses of the respondent.
SEC. 16. Contempt. – The court, justice or judge may order the
respondent who refuses to make a return, or who makes a false return, or
any person who otherwise disobeys or resists a lawful process or order of
the court to be punished for contempt. The contemnor may be imprisoned
or imposed a fine.
SEC. 17. Burden of Proof and Standard of Diligence Required. – The
parties shall establish their claims by substantial evidence.
The respondent who is a private individual or entity must prove that
ordinary diligence as required by applicable laws, rules and regulations
was observed in the performance of duty.
The respondent who is a public official or employee must prove that
extraordinary diligence as required by applicable laws, rules and
regulations was observed in the performance of duty.
SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE
The respondent public official or employee cannot invoke the
presumption that official duty has been regularly performed to evade
responsibility or liability.
SEC. 18. Judgment. — The court shall render judgment within ten (10)
days from the time the petition is submitted for decision. If the allegations
in the petition are proven by substantial evidence, the court shall grant
the privilege of the writ and such reliefs as may be proper and
appropriate; otherwise, the privilege shall be denied.
SEC. 19. Appeal. – Any party may appeal from the final judgment or
order to the Supreme Court under Rule 45. The appeal may raise
questions of fact or law or both.
The period of appeal shall be five (5) working days from the date of notice
of the adverse judgment.
The appeal shall be given the same priority as in habeas corpus cases.
SEC. 20. Archiving and Revival of Cases. – The court shall not dismiss
the petition, but shall archive it, if upon its determination it cannot proceed
for a valid cause such as the failure of petitioner or witnesses to appear
due to threats on their lives.
A periodic review of the archived cases shall be made by the amparo
court that shall, motu proprio or upon motion by any party, order their
revival when ready for further proceedings. The petition shall be
dismissed with prejudice upon failure to prosecute the case after the
lapse of two (2) years from notice to the petitioner of the order archiving
the case.
The clerks of court shall submit to the Office of the Court Administrator a
consolidated list of archived cases under this Rule not later than the first
week of January of every year.
SEC. 21. Institution of Separate Actions. — This Rule shall not
preclude the filing of separate criminal, civil or administrative actions.
45
 SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE

SEC. 22. Effect of Filing of a Criminal Action. – When a criminal action
has been commenced, no separate petition for the writ shall be filed. The
reliefs under the writ shall be available by motion in the criminal case.

The procedure under this Rule shall govern the disposition of the reliefs
available under the writ of amparo.

SEC. 23. Consolidation. – When a criminal action is filed subsequent to

the filing of a petition for the writ, the latter shall be consolidated with the
criminal action.

When a criminal action and a separate civil action are filed subsequent to
a petition for a writ of amparo, the latter shall be consolidated with the
criminal action.

After consolidation, the procedure under this Rule shall continue to apply
to the disposition of the reliefs in the petition.

SEC. 24. Substantive Rights. — This Rule shall not diminish, increase
or modify substantive rights recognized and protected by the Constitution.

SEC. 25. Suppletory Application of the Rules of Court. – The Rules of

Court shall apply suppletorily insofar as it is not inconsistent with this
Rule.

SEC. 26. Applicability to Pending Cases. – This Rule shall govern

cases involving extralegal killings and enforced disappearances or
threats thereof pending in the trial and appellate courts.

SEC. 27. Effectivity. – This Rule shall take effect on October 24, 2007,
following its publication in three (3) newspapers of general circulation.

46

A.M. No. 09-6-8-SC, (n) R.A. No. 7611, Strategic Environmental Plan for Palawan Act;
RULES OF PROCEDURE FOR ENVIRONMENTAL CASES (o) R.A. No. 7942, Philippine Mining Act;
PART I
RULE 1
GENERAL PROVISIONS
Section 1. Title. — These Rules shall be known as "The Rules of
Procedure for Environmental Cases."
Section 2. Scope. — These Rules shall govern the procedure in civil,
criminal and special civil actions before the Regional Trial Courts,
Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial
Courts and Municipal Circuit Trial Courts involving enforcement or
violations of environmental and other related laws, rules and regulations
such as but not limited to the following:
(a) Act No. 3572, Prohibition Against Cutting of Tindalo, Akli, and
Molave Trees;
(b) P.D. No. 705, Revised Forestry Code;
(c) P.D. No. 856, Sanitation Code;
(d) P.D. No. 979, Marine Pollution Decree;
(e) P.D. No. 1067, Water Code;
(f) P.D. No. 1151, Philippine Environmental Policy of 1977;
(g) P.D. No. 1433, Plant Quarantine Law of 1978;
(h) P.D. No. 1586, Establishing an Environmental Impact Statement
System Including Other Environmental Management Related
Measures and for Other Purposes;
(i) R.A. No. 3571, Prohibition Against the Cutting, Destroying or
Injuring of Planted or Growing Trees, Flowering Plants and Shrubs or
Plants of Scenic Value along Public Roads, in Plazas, Parks, School
Premises or in any Other Public Ground;
(j) R.A. No. 4850, Laguna Lake Development Authority Act;
(k) R.A. No. 6969, Toxic Substances and Hazardous Waste Act;
(l) R.A. No. 7076, People’s Small-Scale Mining Act;
(m) R.A. No. 7586, National Integrated Protected Areas System Act
including all laws, decrees, orders, proclamations and issuances
establishing protected areas;
SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE
(p) R.A. No. 8371, Indigenous Peoples Rights Act;
(q) R.A. No. 8550, Philippine Fisheries Code;
(r) R.A. No. 8749, Clean Air Act;
(s) R.A. No. 9003, Ecological Solid Waste Management Act;
(t) R.A. No. 9072, National Caves and Cave Resource Management
Act;
(u) R.A. No. 9147, Wildlife Conservation and Protection Act;
(v) R.A. No. 9175, Chainsaw Act;
(w) R.A. No. 9275, Clean Water Act;
(x) R.A. No. 9483, Oil Spill Compensation Act of 2007; and
(y) Provisions in C.A. No. 141, The Public Land Act; R.A. No. 6657,
Comprehensive Agrarian Reform Law of 1988; R.A. No. 7160, Local
Government Code of 1991; R.A. No. 7161, Tax Laws Incorporated in
the Revised Forestry Code and Other Environmental Laws
(Amending the NIRC); R.A. No. 7308, Seed Industry Development
Act of 1992; R.A. No. 7900, High-Value Crops Development
Rules of Procedure for Environmental Cases Act; R.A. No. 8048,
Coconut Preservation Act; R.A. No. 8435, Agriculture and Fisheries
Modernization Act of 1997; R.A. No. 9522, The Philippine Archipelagic
Baselines Law; R.A. No. 9593, Renewable Energy Act of 2008; R.A. No.
9637, Philippine Biofuels Act; and other existing laws that relate to the
conservation, development, preservation, protection and utilization of the
environment and natural resources.
Section 3. Objectives. - The objectives of these Rules are:
(a) To protect and advance the constitutional right of the people
to a balanced and healthful ecology;
(b) To provide a simplified, speedy and inexpensive procedure for
the enforcement of environmental rights and duties recognized
under the Constitution, existing laws, rules and regulations, and
international agreements;
(c) To introduce and adopt innovations and best practices
ensuring the effective enforcement of remedies and redress for
violation of environmental laws; and
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(d) To enable the courts to monitor and exact compliance with
orders and judgments in environmental cases.
Section 4. Definition of Terms. -
(a) By-product or derivatives means any part taken or substance
extracted from wildlife, in raw or in processed form including
stuffed animals and herbarium specimens. 1avvphi1
(b) Consent decree refers to a judicially-approved settlement
between concerned parties based on public interest and public
policy to protect and preserve the environment.
(c) Continuing mandamus is a writ issued by a court in an
environmental case directing any agency or instrumentality of the
government or officer thereof to perform an act or series of acts
decreed by final judgment which shall remain effective until
judgment is fully satisfied.
(d) Environmental protection order (EPO) refers to an order
issued by the court directing or enjoining any person or
government agency to perform or desist from performing an act in
order to protect, preserve or rehabilitate the environment.
(e) Mineral refers to all naturally occurring inorganic substance in
solid, gas, liquid, or any intermediate state excluding energy
materials such as coal, petroleum, natural gas, radioactive
materials and geothermal energy.
(f) Precautionary principle states that when human activities may
lead to threats of serious and irreversible damage to the
environment that is scientifically plausible but uncertain, actions
shall be taken to avoid or diminish that threat.
(g) Strategic lawsuit against public participation (SLAPP) refers to
an action whether civil, criminal or administrative, brought against
any person, institution or any government agency or local
government unit or its officials and employees, with the intent to
harass, vex, exert undue pressure or stifle any legal recourse that
such person, institution or government agency has taken or may
SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE
take in the enforcement of environmental laws, protection of the
environment or assertion of environmental rights.
(h) Wildlife means wild forms and varieties of flora and fauna, in
all developmental stages including those which are in captivity or
are being bred or propagated
PART II
CIVIL PROCEDURE
RULE 2
PLEADINGS AND PARTIES
Section 1. Pleadings and motions allowed. — The pleadings and
motions that may be filed are complaint, answer which may include
compulsory counterclaim and cross-claim, motion for intervention, motion
for discovery and motion for reconsideration of the judgment.
Motion for postponement, motion for new trial and petition for relief from
judgment shall be allowed in highly meritorious cases or to prevent a
manifest miscarriage of justice.
Section 2. Prohibited pleadings or motions. — The following pleadings or
motions shall not be allowed:
(a) Motion to dismiss the complaint;
(b) Motion for a bill of particulars;
(c) Motion for extension of time to file pleadings, except to file
answer, the extension not to exceed fifteen (15) days;
(d) Motion to declare the defendant in default;
(e) Reply and rejoinder; and
(f) Third party complaint.
Section 3. Verified complaint. — The verified complaint shall contain the
names of the parties, their addresses, the cause of action and the reliefs
prayed for.
The plaintiff shall attach to the verified complaint all evidence proving or
supporting the cause of action consisting of the affidavits of witnesses,
documentary evidence and if possible, object evidence. The affidavits
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shall be in question and answer form and shall comply with the rules of
admissibility of evidence.
The complaint shall state that it is an environmental case and the law
involved. The complaint shall also include a certification against forum
shopping. If the complaint is not an environmental complaint, the
presiding judge shall refer it to the executive judge for re-raffle.
Section 4. Who may file. — Any real party in interest, including the
government and juridical entities authorized by law, may file a civil action
involving the enforcement or violation of any environmental law.
Section 5. Citizen suit. — Any Filipino citizen in representation of others,
including minors or generations yet unborn, may file an action to enforce
rights or obligations under environmental laws. Upon the filing of a citizen
suit, the court shall issue an order which shall contain a brief description
of the cause of action and the reliefs prayed for, requiring all interested
parties to manifest their interest to intervene in the case within fifteen (15)
days from notice thereof. The plaintiff may publish the order once in a
newspaper of a general circulation in the Philippines or furnish all
affected barangays copies of said order.
Citizen suits filed under R.A. No. 8749 and R.A. No. 9003 shall be
governed by their respective provisions.
Section 6. Service of the complaint on the government or its agencies. -
Upon the filing of the complaint, the plaintiff is required to furnish the
government or the appropriate agency, although not a party, a copy of
the complaint. Proof of service upon the government or the appropriate
agency shall be attached to the complaint.
Section 7. Assignment by raffle. - If there is only one (1) designated
branch in a multiple-sala court, the executive judge shall immediately
refer the case to said branch. If there are two (2) or more designated
branches, the executive judge shall conduct a special raffle on the day
the complaint is filed.
Section 8. Issuance of Temporary Environmental Protection Order
(TEPO). - If it appears from the verified complaint with a prayer for the
issuance of an Environmental Protection Order (EPO) that the matter is
SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE
of extreme urgency and the applicant will suffer grave injustice and
irreparable injury, the executive judge of the multiple-sala court before
raffle or the presiding judge of a single-sala court as the case may be,
may issue ex parte a TEPO effective for only seventy-two (72) hours from
date of the receipt of the TEPO by the party or person enjoined. Within
said period, the court where the case is assigned, shall conduct a
summary hearing to determine whether the TEPO may be extended until
the termination of the case.
The court where the case is assigned, shall periodically monitor the
existence of acts that are the subject matter of the TEPO even if issued
by the executive judge, and may lift the same at any time as
circumstances may warrant.
The applicant shall be exempted from the posting of a bond for the
issuance of a TEPO.
Section 9. Action on motion for dissolution of TEPO. - The grounds for
motion to dissolve a TEPO shall be supported by affidavits of the party or
person enjoined which the applicant may oppose, also by affidavits.
The TEPO may be dissolved if it appears after hearing that its issuance
or continuance would cause irreparable damage to the party or person
enjoined while the applicant may be fully compensated for such damages
as he may suffer and subject to the posting of a sufficient bond by the
party or person enjoined.
Section 10. Prohibition against temporary restraining order (TRO) and
preliminary injunction. - Except the Supreme Court, no court can issue a
TRO or writ of preliminary injunction against lawful actions of government
agencies that enforce environmental laws or prevent violations thereof.
Section 11. Report on TEPO, EPO, TRO or preliminary injunction. - The
judge shall report any action taken on a TEPO, EPO, TRO or a
preliminary injunction, including its modification and dissolution, to the
Supreme Court, through the Office of the Court Administrator, within ten
(10) days from the action taken.
Section 12. Payment of filing and other legal fees. - The payment of filing
and other legal fees by the plaintiff shall be deferred until after judgment
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unless the plaintiff is allowed to litigate as an indigent. It shall constitute a
first lien on the judgment award.
For a citizen suit, the court shall defer the payment of filing and other
legal fees that shall serve as first lien on the judgment award.
Section 13. Service of summons, orders and other court processes. -
The summons, orders and other court processes may be served by the
sheriff, his deputy or other proper court officer or for justifiable reasons,
by the counsel or representative of the plaintiff or any suitable person
authorized or deputized by the court issuing the summons.
Any private person who is authorized or deputized by the court to serve
summons, orders and other court processes shall for that purpose be
considered an officer of the court.
The summons shall be served on the defendant, together with a copy of
an order informing all parties that they have fifteen (15) days from the
filing of an answer, within which to avail of interrogatories to parties under
Rule 25 of the Rules of Court and request for admission by adverse party
under Rule 26, or at their discretion, make use of depositions under Rule
23 or other measures under Rules 27 and 28.
Should personal and substituted service fail, summons by publication
shall be allowed. In the case of juridical entities, summons by publication
shall be done by indicating the names of the officers or their duly
authorized representatives.
Section 14. Verified answer. - Within fifteen (15) days from receipt of
summons, the defendant shall file a verified answer to the complaint and
serve a copy thereof on the plaintiff. The defendant shall attach affidavits
of witnesses, reports, studies of experts and all evidence in support of the
defense.
Affirmative and special defenses not pleaded shall be deemed waived,
except lack of jurisdiction.
Cross-claims and compulsory counterclaims not asserted shall be
considered barred. The answer to counterclaims or cross-claims shall be
SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE
filed and served within ten (10) days from service of the answer in which
they are pleaded.
Section 15. Effect of failure to answer. - Should the defendant fail to
answer the complaint within the period provided, the court shall declare
defendant in default and upon motion of the plaintiff, shall receive
evidence ex parte and render judgment based thereon and the reliefs
prayed for.
RULE 3
PRE-TRIAL
Section 1. Notice of pre-trial. - Within two (2) days from the filing of the
answer to the counterclaim or cross-claim, if any, the branch clerk of
court shall issue a notice of the pre-trial to be held not later than one (1)
month from the filing of the last pleading.
The court shall schedule the pre-trial and set as many pre-trial
conferences as may be necessary within a period of two (2) months
counted from the date of the first pre-trial conference.
Section 2. Pre-trial brief. - At least three (3) days before the pretrial, the
parties shall submit pre-trial briefs containing the following:
(a) A statement of their willingness to enter into an amicable
settlement indicating the desired terms thereof or to submit the
case to any of the alternative modes of dispute resolution;
(b) A summary of admitted facts and proposed stipulation of facts;
(c) The legal and factual issues to be tried or resolved. For each
factual issue, the parties shall state all evidence to support their
positions thereon. For each legal issue, parties shall state the
applicable law and jurisprudence supporting their respective
positions thereon;
(d) The documents or exhibits to be presented, including
depositions, answers to interrogatories and answers to written
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request for admission by adverse party, stating the purpose
thereof;
(e) A manifestation of their having availed of discovery
procedures or their intention to avail themselves of referral to a
commissioner or panel of experts;
(f) The number and names of the witnesses and the substance of
their affidavits;
(g) Clarificatory questions from the parties; and
(h) List of cases arising out of the same facts pending before
other courts or administrative agencies. Failure to comply with the
required contents of a pre-trial brief may be a ground for
contempt.
Failure to file the pre-trial brief shall have the same effect as failure to
appear at the pre-trial.
Section 3. Referral to mediation. - At the start of the pre-trial conference,
the court shall inquire from the parties if they have settled the dispute;
otherwise, the court shall immediately refer the parties or their counsel, if
authorized by their clients, to the Philippine Mediation Center (PMC) unit
for purposes of mediation. If not available, the court shall refer the case to
the clerk of court or legal researcher for mediation.
Mediation must be conducted within a non-extendible period of thirty (30)
days from receipt of notice of referral to mediation.
The mediation report must be submitted within ten (10) days from the
expiration of the 30-day period.
Section 4. Preliminary conference. - If mediation fails, the court will
schedule the continuance of the pre-trial. Before the scheduled date of
continuance, the court may refer the case to the branch clerk of court for
a preliminary conference for the following purposes:
SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE
(a) To assist the parties in reaching a settlement;
(b) To mark the documents or exhibits to be presented by the
parties and copies thereof to be attached to the records after
comparison with the originals;
(c) To ascertain from the parties the undisputed facts and
admissions on the genuineness and due execution of the
documents marked as exhibits;
(d) To require the parties to submit the depositions taken under
Rule 23 of the Rules of Court, the answers to written
interrogatories under Rule 25, and the answers to request for
admissions by the adverse party under Rule 26;
(e) To require the production of documents or things requested by
a party under Rule 27 and the results of the physical and mental
examination of persons under Rule 28;
(f) To consider such other matters as may aid in its prompt
disposition;
(g) To record the proceedings in the "Minutes of Preliminary
Conference" to be signed by both parties or their counsels;
(h) To mark the affidavits of witnesses which shall be in question
and answer form and shall constitute the direct examination of the
witnesses; and
(i) To attach the minutes together with the marked exhibits before
the pre-trial proper.
The parties or their counsel must submit to the branch clerk of court the
names, addresses and contact numbers of the affiants.
During the preliminary conference, the branch clerk of court shall also
require the parties to submit the depositions taken under Rule 23 of the
Rules of Court, the answers to written interrogatories under Rule 25 and
the answers to request for admissions by the adverse party under Rule
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26. The branch clerk of court may also require the production of
documents or things requested by a party under Rule 27 and the results
of the physical and mental examination of persons under Rule 28.
Section 5. Pre-trial conference; consent decree. - The judge shall put the
parties and their counsels under oath, and they shall remain under oath
in all pre-trial conferences.
The judge shall exert best efforts to persuade the parties to arrive at a
settlement of the dispute. The judge may issue a consent decree
approving the agreement between the parties in accordance with law,
morals, public order and public policy to protect the right of the people to
a balanced and healthful ecology.
Evidence not presented during the pre-trial, except newly-discovered
evidence, shall be deemed waived.
Section 6. Failure to settle. - If there is no full settlement, the judge shall:
(a) Adopt the minutes of the preliminary conference as part of the
pre-trial proceedings and confirm the markings of exhibits or
substituted photocopies and admissions on the genuineness and
due execution of documents;
(b) Determine if there are cases arising out of the same facts
pending before other courts and order its consolidation if
warranted;
(c) Determine if the pleadings are in order and if not, order the
amendments if necessary;
(d) Determine if interlocutory issues are involved and resolve the
same;
(e) Consider the adding or dropping of parties;
(f) Scrutinize every single allegation of the complaint, answer and
other pleadings and attachments thereto, and the contents of
SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE
documents and all other evidence identified and pre-marked
during pre-trial in determining further admissions;
(g) Obtain admissions based on the affidavits of witnesses and
evidence attached to the pleadings or submitted during pre-trial;
(h) Define and simplify the factual and legal issues arising from
the pleadings and evidence. Uncontroverted issues and frivolous
claims or defenses should be eliminated;
(i) Discuss the propriety of rendering a summary judgment or a
judgment based on the pleadings, evidence and admissions
made during pre-trial;
(j) Observe the Most Important Witness Rule in limiting the
number of witnesses, determining the facts to be proved by each
witness and fixing the approximate number of hours per witness;
(k) Encourage referral of the case to a trial by commissioner
under Rule 32 of the Rules of Court or to a mediator or arbitrator
under any of the alternative modes of dispute resolution governed
by the Special Rules of Court on Alternative Dispute Resolution;
(l) Determine the necessity of engaging the services of a qualified
expert as a friend of the court (amicus curiae); and
(m) Ask parties to agree on the specific trial dates for continuous
trial, comply with the one-day examination of witness rule, adhere
to the case flow chart determined by the court which shall contain
the different stages of the proceedings up to the promulgation of
the decision and use the time frame for each stage in setting the
trial dates.
Section 7. Effect of failure to appear at pre-trial. - The court shall not
dismiss the complaint, except upon repeated and unjustified failure of the
plaintiff to appear. The dismissal shall be without prejudice, and the court
may proceed with the counterclaim.
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If the defendant fails to appear at the pre-trial, the court shall receive
evidence ex parte.
Section 8. Minutes of pre-trial. - The minutes of each pre-trial conference
shall contain matters taken up therein, more particularly admissions of
facts and exhibits, and shall be signed by the parties and their counsel.
Section 9. Pre-trial order. - Within ten (10) days after the termination of
the pre-trial, the court shall issue a pre-trial order setting forth the actions
taken during the pre-trial conference, the facts stipulated, the admissions
made, the evidence marked, the number of witnesses to be presented
and the schedule of trial. Said order shall bind the parties, limit the trial to
matters not disposed of and control the course of action during the trial.
Section 10. Efforts to settle. - The court shall endeavor to make the
parties agree to compromise or settle in accordance with law at any stage
of the proceedings before rendition of judgment.
RULE 4
TRIAL
Section 1. Continuous trial. - The judge shall conduct continuous trial
which shall not exceed two (2) months from the date of the issuance of
the pre-trial order.
Before the expiration of the two-month period, the judge may ask the
Supreme Court for the extension of the trial period for justifiable cause.
Section 2. Affidavits in lieu of direct examination. - In lieu of direct
examination, affidavits marked during the pre-trial shall be presented as
direct examination of affiants subject to cross-
examination by the adverse party.
Section 3. One-day examination of witness rule. - The court shall strictly
adhere to the rule that a witness has to be fully examined in one (1) day,
subject to the court’s discretion of extending the examination for
justifiable reason. After the presentation of the last witness, only oral offer
of evidence shall be allowed, and the opposing party shall immediately
SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE
interpose his objections. The judge shall forthwith rule on the offer of
evidence in open court.
Section 4. Submission of case for decision; filing of memoranda. - After
the last party has rested its case, the court shall issue an order submitting
the case for decision.
The court may require the parties to submit their respective memoranda,
if possible in electronic form, within a non-extendible period of thirty (30)
days from the date the case is submitted for decision.
The court shall have a period of sixty (60) days to decide the case from
the date the case is submitted for decision.
Section 5. Period to try and decide. - The court shall have a period of
one (1) year from the filing of the complaint to try and decide the case.
Before the expiration of the one-year period, the court may petition the
Supreme Court for the extension of the period for justifiable cause.
The court shall prioritize the adjudication of environmental cases.
RULE 5
JUDGMENT AND EXECUTION
Section 1. Reliefs in a citizen suit. - If warranted, the court may grant to
the plaintiff proper reliefs which shall include the protection, preservation
or rehabilitation of the environment and the payment of attorney’s fees,
costs of suit and other litigation expenses. It may also require the violator
to submit a program of rehabilitation or restoration of the environment,
the costs of which shall be borne by the violator, or to contribute to a
special trust fund for that purpose subject to the control of the court.
Section 2. Judgment not stayed by appeal. - Any judgment directing the
performance of acts for the protection, preservation or rehabilitation of the
environment shall be executory pending appeal unless restrained by the
appellate court.
Section 3. Permanent EPO; writ of continuing mandamus. - In the
judgment, the court may convert the TEPO to a permanent EPO or issue
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a writ of continuing mandamus directing the performance of acts which
shall be effective until the judgment is fully satisfied.
The court may, by itself or through the appropriate government agency,
monitor the execution of the judgment and require the party concerned to
submit written reports on a quarterly basis or sooner as may be
necessary, detailing the progress of the execution and satisfaction of the
judgment. The other party may, at its option, submit its comments or
observations on the execution of the judgment.
Section 4. Monitoring of compliance with judgment and orders of the
court by a commissioner. - The court may motu proprio, or upon motion
of the prevailing party, order that the enforcement of the judgment or
order be referred to a commissioner to be appointed by the court. The
commissioner shall file with the court written progress reports on a
quarterly basis or more frequently when necessary.
Section 5. Return of writ of execution. - The process of execution shall
terminate upon a sufficient showing that the decision or order has been
implemented to the satisfaction of the court in accordance with Section
14, Rule 39 of the Rules of Court.
RULE 6
STRATEGIC LAWSUIT AGAINST PUBLIC PARTICIPATION
Section 1. Strategic lawsuit against public participation (SLAPP). - A
legal action filed to harass, vex, exert undue pressure or stifle any legal
recourse that any person, institution or the government has taken or may
take in the enforcement of environmental laws, protection of the
environment or assertion of environmental rights shall be treated as a
SLAPP and shall be governed by these Rules.
Section 2. SLAPP as a defense; how alleged. - In a SLAPP filed against
a person involved in the enforcement of environmental laws, protection of
the environment, or assertion of environmental rights, the defendant may
file an answer interposing as a defense that the case is a SLAPP and
shall be supported by documents, affidavits, papers and other evidence;
and, by way of counterclaim, pray for damages, attorney’s fees and costs
of suit.
SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE
The court shall direct the plaintiff or adverse party to file an opposition
showing the suit is not a SLAPP, attaching evidence in support thereof,
within a non-extendible period of five (5) days from receipt of notice that
an answer has been filed.
The defense of a SLAPP shall be set for hearing by the court after
issuance of the order to file an opposition within fifteen (15) days from
filing of the comment or the lapse of the period.
Section 3. Summary hearing. - The hearing on the defense of a SLAPP
shall be summary in nature. The parties must submit all available
evidence in support of their respective positions. The party seeking the
dismissal of the case must prove by substantial evidence that his act for
the enforcement of environmental law is a legitimate action for the
protection, preservation and rehabilitation of the environment. The party
filing the action assailed as a SLAPP shall prove by preponderance of
evidence that the action is not a SLAPP and is a valid claim.
Section 4. Resolution of the defense of a SLAPP. - The affirmative
defense of a SLAPP shall be resolved within thirty (30) days after the
summary hearing. If the court dismisses the action, the court may award
damages, attorney’s fees and costs of suit under a counterclaim if such
has been filed. The dismissal shall be with prejudice.
If the court rejects the defense of a SLAPP, the evidence adduced during
the summary hearing shall be treated as evidence of the parties on the
merits of the case. The action shall proceed in accordance with the Rules
of Court.
PART III
SPECIAL CIVIL ACTIONS
RULE 7
WRIT OF KALIKASAN
Section 1. Nature of the writ. - The writ is a remedy available to a natural
or juridical person, entity authorized by law, people’s organization, non-
governmental organization, or any public interest group accredited by or
registered with any government agency, on behalf of persons whose
constitutional right to a balanced and healthful ecology is violated, or
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threatened with violation by an unlawful act or omission of a public official
or employee, or private individual or entity, involving environmental
damage of such magnitude as to prejudice the life, health or property of
inhabitants in two or more cities or provinces.
Section 2. Contents of the petition. - The verified petition shall contain
the following:
(a) The personal circumstances of the petitioner;
(b) The name and personal circumstances of the respondent or if
the name and personal circumstances are unknown and
uncertain, the respondent may be described by an assumed
appellation;
(c) The environmental law, rule or regulation violated or
threatened to be violated, the act or omission complained of, and
the environmental damage of such magnitude as to prejudice the
life, health or property of inhabitants in two or more cities or
provinces.
(d) All relevant and material evidence consisting of the affidavits
of witnesses, documentary evidence, scientific or other expert
studies, and if possible, object evidence;
(e) The certification of petitioner under oath that: (1) petitioner has
not commenced any action or filed any claim involving the same
issues in any court, tribunal or quasi-judicial agency, and no such
other action or claim is pending therein; (2) if there is such other
pending action or claim, a complete statement of its present
status; (3) if petitioner should learn that the same or similar action
or claim has been filed or is pending, petitioner shall report to the
court that fact within five (5) days therefrom; and
(f) The reliefs prayed for which may include a prayer for the
issuance of a TEPO.
Section 3. Where to file. - The petition shall be filed with the Supreme
Court or with any of the stations of the Court of Appeals.
SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE
Section 4. No docket fees. - The petitioner shall be exempt from the
payment of docket fees.
Section 5. Issuance of the writ. - Within three (3) days from the date of
filing of the petition, if the petition is sufficient in form and substance, the
court shall give an order: (a) issuing the writ; and (b) requiring the
respondent to file a verified return as provided in Section 8 of this Rule.
The clerk of court shall forthwith issue the writ under the seal of the court
including the issuance of a cease and desist order and other temporary
reliefs effective until further order.
Section 6. How the writ is served. - The writ shall be served upon the
respondent by a court officer or any person deputized by the court, who
shall retain a copy on which to make a return of service. In case the writ
cannot be served personally, the rule on substituted service shall apply.
Section 7. Penalty for refusing to issue or serve the writ. - A clerk of court
who unduly delays or refuses to issue the writ after its allowance or a
court officer or deputized person who unduly delays or refuses to serve
the same shall be punished by the court for contempt without prejudice to
other civil, criminal or administrative actions.
Section 8. Return of respondent; contents. - Within a non-extendible
period of ten (10) days after service of the writ, the respondent shall file a
verified return which shall contain all defenses to show that respondent
did not violate or threaten to violate, or allow the violation of any
environmental law, rule or regulation or commit any act resulting to
environmental damage of such magnitude as to prejudice the life, health
or property of inhabitants in two or more cities or provinces.
All defenses not raised in the return shall be deemed waived.
The return shall include affidavits of witnesses, documentary evidence,
scientific or other expert studies, and if possible, object evidence, in
support of the defense of the respondent.
A general denial of allegations in the petition shall be considered as an
admission thereof.
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Section 9. Prohibited pleadings and motions. - The following pleadings
and motions are prohibited:
(a) Motion to dismiss;
(b) Motion for extension of time to file return;
(c) Motion for postponement;
(d) Motion for a bill of particulars;
(e) Counterclaim or cross-claim;
(f) Third-party complaint;
(g) Reply; and
(h) Motion to declare respondent in default.
Section 10. Effect of failure to file return. - In case the respondent fails to
file a return, the court shall proceed to hear the petition ex parte.
Section 11. Hearing. - Upon receipt of the return of the respondent, the
court may call a preliminary conference to simplify the issues, determine
the possibility of obtaining stipulations or admissions from the parties,
and set the petition for hearing.
The hearing including the preliminary conference shall not extend beyond
sixty (60) days and shall be given the same priority as petitions for the
writs of habeas corpus, amparo and habeas data.
Section 12. Discovery Measures. - A party may file a verified motion for
the following reliefs:
(a) Ocular Inspection; order — The motion must show that an
ocular inspection order is necessary to establish the magnitude of
the violation or the threat as to prejudice the life, health or
property of inhabitants in two or more cities or provinces. It shall
state in detail the place or places to be inspected. It shall be
supported by affidavits of witnesses having personal knowledge
of the violation or threatened violation of environmental law.
After hearing, the court may order any person in possession or
control of a designated land or other property to permit entry for
the purpose of inspecting or
SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE
photographing the property or any relevant object or operation
thereon.
The order shall specify the person or persons authorized to make
the inspection and the date, time, place and manner of making
the inspection and may prescribe other conditions to protect the
constitutional rights of all parties.
(b) Production or inspection of documents or things; order – The
motion must show that a production order is necessary to
establish the magnitude of the violation or the threat as to
prejudice the life, health or property of inhabitants in two or more
cities or provinces.
After hearing, the court may order any person in possession,
custody or control of any designated documents, papers, books,
accounts, letters, photographs, objects or tangible things, or
objects in digitized or electronic form, which constitute or contain
evidence relevant to the petition or the return, to produce and
permit their inspection, copying or photographing by or on behalf
of the movant.
The production order shall specify the person or persons authorized to
make the production and the date, time, place and manner of making the
inspection or production and may prescribe other conditions to protect the
constitutional rights of all parties.
Section 13. Contempt. - The court may after hearing punish the
respondent who refuses or unduly delays the filing of a return, or who
makes a false return, or any person who disobeys or resists a lawful
process or order of the court for indirect contempt under Rule 71 of the
Rules of Court.
Section 14. Submission of case for decision; filing of memoranda. - After
hearing, the court shall issue an order submitting the case for decision.
The court may require the filing of memoranda and if possible, in its
electronic form, within a non-extendible period of thirty (30) days from the
date the petition is submitted for decision.
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Section 15. Judgment. - Within sixty (60) days from the time the petition
is submitted for decision, the court shall render judgment granting or
denying the privilege of the writ of kalikasan.
The reliefs that may be granted under the writ are the following:
(a) Directing respondent to permanently cease and desist from
committing acts or neglecting the performance of a duty in
violation of environmental laws resulting in environmental
destruction or damage;
(b) Directing the respondent public official, government agency,
private person or entity to protect, preserve, rehabilitate or restore
the environment;
(c) Directing the respondent public official, government agency,
private person or entity to monitor strict compliance with the
decision and orders of the court;
(d) Directing the respondent public official, government agency,
or private person or entity to make periodic reports on the
execution of the final judgment; and
(e) Such other reliefs which relate to the right of the people to a
balanced and healthful ecology or to the protection, preservation,
rehabilitation or restoration of the
environment, except the award of damages to individual
petitioners.
Section 16. Appeal. - Within fifteen (15) days from the date of notice of
the adverse judgment or denial of motion for reconsideration, any party
may appeal to the Supreme Court under Rule 45 of the Rules of Court.
The appeal may raise questions of fact.
Section 17. Institution of separate actions. - The filing of a petition for the
issuance of the writ of kalikasan shall not preclude the filing of separate
civil, criminal or administrative actions.
SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE
RULE 8
WRIT OF CONTINUING MANDAMUS
Section 1. Petition for continuing mandamus. - When any agency or
instrumentality of the government or officer thereof unlawfully neglects
the performance of an act which the law specifically enjoins as a duty
resulting from an office, trust or station in connection with the
enforcement or violation of an environmental law rule or regulation or a
right therein, or unlawfully excludes another from the use or enjoyment of
such right and there is no other plain, speedy and adequate remedy in
the ordinary course of law, the person aggrieved thereby may file a
verified petition in the proper court, alleging the facts with certainty,
attaching thereto supporting evidence, specifying that the petition
concerns an environmental law, rule or regulation, and praying that
judgment be rendered commanding the respondent to do an act or series
of acts until the judgment is fully satisfied, and to pay damages sustained
by the petitioner by reason of the malicious neglect to perform the duties
of the respondent, under the law, rules or regulations. The petition shall
also contain a sworn certification of non-forum shopping.
Section 2. Where to file the petition. - The petition shall be filed with the
Regional Trial Court exercising jurisdiction over the territory where the
actionable neglect or omission occurred or with the Court of Appeals or
the Supreme Court.
Section 3. No docket fees. - The petitioner shall be exempt from the
payment of docket fees.
Section 4. Order to comment. - If the petition is sufficient in form and
substance, the court shall issue the writ and require the respondent to
comment on the petition within ten (10) days from receipt of a copy
thereof. Such order shall be served on the respondents in such manner
as the court may direct, together with a copy of the petition and any
annexes thereto.
Section 5. Expediting proceedings; TEPO. - The court in which the
petition is filed may issue such orders to expedite the proceedings, and it
may also grant a TEPO for the preservation of the rights of the parties
pending such proceedings.
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Section 6. Proceedings after comment is filed. - After the comment is
filed or the time for the filing thereof has expired, the court may hear the
case which shall be summary in nature or require the parties to submit
memoranda. The petition shall be resolved without delay within sixty (60)
days from the date of the submission of the petition for resolution.
Section 7. Judgment. - If warranted, the court shall grant the privilege of
the writ of continuing mandamus requiring respondent to perform an act
or series of acts until the judgment is fully satisfied and to grant such
other reliefs as may be warranted resulting from the wrongful or illegal
acts of the respondent. The court shall require the respondent to submit
periodic reports detailing the progress and execution of the judgment,
and the court may, by itself or through a commissioner or the appropriate
government agency, evaluate and monitor compliance. The petitioner
may submit its comments or observations on the execution of the
judgment.
Section 8. Return of the writ. - The periodic reports submitted by the
respondent detailing compliance with the judgment shall be contained in
partial returns of the writ.
Upon full satisfaction of the judgment, a final return of the writ shall be
made to the court by the respondent. If the court finds that the judgment
has been fully implemented, the satisfaction of judgment shall be entered
in the court docket.
PART IV
CRIMINAL PROCEDURE
RULE 9
PROSECUTION OF OFFENSES
Section 1. Who may file. - Any offended party, peace officer or any public
officer charged with the enforcement of an environmental law may file a
complaint before the proper officer in accordance with the Rules of Court.
Section 2. Filing of the information. - An information, charging a person
with a violation of an environmental law and subscribed by the
prosecutor, shall be filed with the court.
SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE
Section 3. Special prosecutor. - In criminal cases, where there is no
private offended party, a counsel whose services are offered by any
person or organization may be allowed by the court as special
prosecutor, with the consent of and subject to the control and supervision
of the public prosecutor.
RULE 10
PROSECUTION OF CIVIL ACTIONS
Section 1. Institution of criminal and civil actions. - When a criminal
action is instituted, the civil action for the recovery of civil liability arising
from the offense charged, shall be deemed instituted with the criminal
action unless the complainant waives the civil action, reserves the right to
institute it separately or institutes the civil action prior to the criminal
action.
Unless the civil action has been instituted prior to the criminal action, the
reservation of the right to institute separately the civil action shall be
made during arraignment.
In case civil liability is imposed or damages are awarded, the filing and
other legal fees shall be imposed on said award in accordance with Rule
141 of the Rules of Court, and the fees shall constitute a first lien on the
judgment award. The damages awarded in cases where there is no
private offended party, less the filing fees, shall accrue to the funds of the
agency charged with the implementation of the environmental law
violated. The award shall be used for the restoration and rehabilitation of
the environment adversely affected.
RULE 11
ARREST
Section 1. Arrest without warrant; when lawful. - A peace officer or an
individual deputized by the proper government agency may, without a
warrant, arrest a person:
(a) When, in his presence, the person to be arrested has
committed, is actually committing or is attempting to commit an
offense; or
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(b) When an offense has just been committed, and he has
probable cause to believe based on personal knowledge of facts
or circumstances that the person to be arrested has committed it.
Individuals deputized by the proper government agency who are
enforcing environmental laws shall enjoy the presumption of
regularity under Section 3(m), Rule 131 of the Rules of Court
when effecting arrests for violations of environmental laws.
Section 2. Warrant of arrest. - All warrants of arrest issued by the court
shall be accompanied by a certified true copy of the information filed with
the issuing court.
RULE 12
CUSTODY AND DISPOSITION OF SEIZED ITEMS, EQUIPMENT,
PARAPHERNALIA, CONVEYANCES AND INSTRUMENTS
Section 1. Custody and disposition of seized items. - The custody and
disposition of seized items shall be in accordance with the applicable
laws or rules promulgated by the concerned government agency.
Section 2. Procedure. - In the absence of applicable laws or rules
promulgated by the concerned government agency, the following
procedure shall be observed:
(a) The apprehending officer having initial custody and control of
the seized items, equipment, paraphernalia, conveyances and
instruments shall physically inventory and whenever practicable,
photograph the same in the presence of the person from whom
such items were seized.
(b) Thereafter, the apprehending officer shall submit to the
issuing court the return of the search warrant within five (5) days
from date of seizure or in case of warrantless arrest, submit within
five (5) days from date of seizure, the inventory report,
compliance report, photographs, representative samples and
other pertinent documents to the public prosecutor for appropriate
action.
(c) Upon motion by any interested party, the court may direct the
auction sale of seized items, equipment, paraphernalia, tools or
SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE
instruments of the crime. The court shall, after hearing, fix the
minimum bid price based on the recommendation of the
concerned government agency. The sheriff shall conduct the
auction.
(d) The auction sale shall be with notice to the accused, the
person from whom the items were seized, or the owner thereof
and the concerned government agency.
(e) The notice of auction shall be posted in three conspicuous
places in the city or municipality where the items, equipment,
paraphernalia, tools or instruments of the crime were seized.
(f) The proceeds shall be held in trust and deposited with the
government depository bank for disposition according to the
judgment.
RULE 13
PROVISIONAL REMEDIES
Section 1. Attachment in environmental cases. - The provisional remedy
of attachment under Rule 127 of the Rules of Court may be availed of in
environmental cases.
Section 2. Environmental Protection Order (EPO); Temporary
Environmental Protection Order (TEPO) in criminal cases. - The
procedure for and issuance of EPO and TEPO shall be governed by Rule
2 of these Rules.
RULE 14
BAIL
Section 1. Bail, where filed. - Bail in the amount fixed may be filed with
the court where the case is pending, or in the absence or unavailability of
the judge thereof, with any regional trial judge, metropolitan trial judge,
municipal trial judge or municipal circuit trial judge in the province, city or
municipality. If the accused is arrested in a province, city or municipality
other than where the case is pending, bail may also be filed with any
Regional Trial Court of said place, or if no judge thereof is available, with
any metropolitan trial judge, municipal trial judge or municipal circuit trial
59

judge therein. If the court grants bail, the court may issue a hold-
departure order in appropriate cases.
Section 2. Duties of the court. - Before granting the application for bail,
the judge must read the information in a language known to and
understood by the accused and require the accused to sign a written
undertaking, as follows:
(a) To appear before the court that issued the warrant of arrest for
arraignment purposes on the date scheduled, and if the accused
fails to appear without justification on the date of arraignment,
accused waives the reading of the information and authorizes the
court to enter a plea of not guilty on behalf of the accused and to
set the case for trial;
(b) To appear whenever required by the court where the case is
pending; and
(c) To waive the right of the accused to be present at the trial, and
upon failure of the accused to appear without justification and
despite due notice, the trial may proceed in absentia.
RULE 15
ARRAIGNMENT AND PLEA
Section 1. Arraignment. - The court shall set the arraignment of the
accused within fifteen (15) days from the time it acquires jurisdiction over
the accused, with notice to the public prosecutor and offended party or
concerned government agency that it will entertain plea-bargaining on the
date of the arraignment.
Section 2. Plea-bargaining. - On the scheduled date of arraignment, the
court shall consider plea-bargaining arrangements. Where the
prosecution and offended party or concerned government agency agree
to the plea offered by the accused, the court shall:
(a) Issue an order which contains the plea-bargaining arrived at;
SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE
(b) Proceed to receive evidence on the civil aspect of the case, if
any; and
(c) Render and promulgate judgment of conviction, including the
civil liability for damages.
RULE 16
PRE-TRIAL
Section 1. Setting of pre-trial conference. - After the arraignment, the
court shall set the pre-trial conference within thirty (30) days. It may refer
the case to the branch clerk of court, if warranted, for a preliminary
conference to be set at least three (3) days prior to the pre-trial.
Section 2. Preliminary conference. - The preliminary conference shall be
for the following purposes:
(a) To assist the parties in reaching a settlement of the civil
aspect of the case;
(b) To mark the documents to be presented as exhibits;
(c) To attach copies thereof to the records after comparison with
the originals;
(d) To ascertain from the parties the undisputed facts and
admissions on the genuineness and due execution of documents
marked as exhibits;
(e) To consider such other matters as may aid in the prompt
disposition of the case;
(f) To record the proceedings during the preliminary conference in
the Minutes of Preliminary Conference to be signed by the parties
and counsel;
(g) To mark the affidavits of witnesses which shall be in question
and answer form and shall constitute the direct examination of the
witnesses; and
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(h) To attach the Minutes and marked exhibits to the case record
before the pre-trial proper. The parties or their counsel must
submit to the branch clerk of court the names, addresses and
contact numbers of the affiants.
Section 3. Pre-trial duty of the judge. - During the pre-trial, the court
shall:
(a) Place the parties and their counsels under oath;
(b) Adopt the minutes of the preliminary conference as part of the
pre-trial proceedings, confirm markings of exhibits or substituted
photocopies and admissions on the genuineness and due
execution of documents, and list object and testimonial evidence;
(c) Scrutinize the information and the statements in the affidavits
and other documents which form part of the record of the
preliminary investigation together with other documents identified
and marked as exhibits to determine further admissions of facts
as to:
i. The court’s territorial jurisdiction relative to the
offense(s) charged;
ii. Qualification of expert witnesses; and
iii. Amount of damages;
(d) Define factual and legal issues;
(e) Ask parties to agree on the specific trial dates and adhere to
the flow chart determined by the court which shall contain the
time frames for the different stages of the proceeding up to
promulgation of decision;
(f) Require the parties to submit to the branch clerk of court the
names, addresses and contact numbers of witnesses that need to
be summoned by subpoena; and
SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE
(g) Consider modification of order of trial if the accused admits
the charge but interposes a lawful defense.
Section 4. Manner of questioning. - All questions or statements must be
directed to the court.
Section 5. Agreements or admissions. - All agreements or admissions
made or entered during the pre-trial conference shall be reduced in
writing and signed by the accused and counsel; otherwise, they cannot
be used against the accused. The agreements covering the matters
referred to in Section 1, Rule 118 of the Rules of Court shall be approved
by the court.
Section 6. Record of proceedings. - All proceedings during the pre-trial
shall be recorded, the transcripts prepared and the minutes signed by the
parties or their counsels.
Section 7. Pre-trial order. - The court shall issue a pre-trial order within
ten (10) days after the termination of the pre-trial, setting forth the actions
taken during the pre-trial conference, the facts stipulated, the admissions
made, evidence marked, the number of witnesses to be presented and
the schedule of trial. The order shall bind the parties and control the
course of action during the trial.
RULE 17
TRIAL
Section 1. Continuous trial. - The court shall endeavor to conduct
continuous trial which shall not exceed three (3) months from the date of
the issuance of the pre-trial order.
Section 2. Affidavit in lieu of direct examination. - Affidavit in lieu of direct
examination shall be used, subject to cross-examination and the right to
object to inadmissible portions of the affidavit.
Section 3. Submission of memoranda. - The court may require the
parties to submit their respective memoranda and if possible, in electronic
form, within a non-extendible period of thirty (30) days from the date the
case is submitted for decision.
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With or without any memoranda filed, the court shall have a period of
sixty (60) days to decide the case counted from the last day of the 30-day
period to file the memoranda.
Section 4. Disposition period. - The court shall dispose the case within a
period of ten (10) months from the date of arraignment.
Section 5. Pro bono lawyers. - If the accused cannot afford the services
of counsel or there is no available public attorney, the court shall require
the Integrated Bar of the Philippines to provide pro bono lawyers for the
accused.
RULE 18
SUBSIDIARY LIABILITY
Section 1. Subsidiary liability. - In case of conviction of the accused and
subsidiary liability is allowed by law, the court may, by motion of the
person entitled to recover under judgment, enforce such subsidiary
liability against a person or corporation subsidiary liable under Article 102
and Article 103 of the Revised Penal Code.
RULE 19
STRATEGIC LAWSUIT AGAINST PUBLIC PARTICIPATION IN
CRIMINAL CASES
Section 1. Motion to dismiss. - Upon the filing of an information in court
and before arraignment, the accused may file a motion to dismiss on the
ground that the criminal action is a SLAPP.
Section 2. Summary hearing. - The hearing on the defense of a SLAPP
shall be summary in nature. The parties must submit all the available
evidence in support of their respective positions. The party seeking the
dismissal of the case must prove by substantial evidence that his acts for
the enforcement of environmental law is a legitimate action for the
protection, preservation and rehabilitation of the environment. The party
filing the action assailed as a SLAPP shall prove by preponderance of
evidence that the action is not a SLAPP.
Section 3. Resolution. - The court shall grant the motion if the accused
establishes in the summary hearing that the criminal case has been filed
SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE
with intent to harass, vex, exert undue pressure or stifle any legal
recourse that any person, institution or the government has taken or may
take in the enforcement of environmental laws, protection of the
environment or assertion of environmental rights.
If the court denies the motion, the court shall immediately proceed with
the arraignment of the accused.
PART V
EVIDENCE
RULE 20
PRECAUTIONARY PRINCIPLE
Section 1. Applicability. - When there is a lack of full scientific certainty in
establishing a causal link between human activity and environmental
effect, the court shall apply the precautionary principle in resolving the
case before it.
The constitutional right of the people to a balanced and healthful ecology
shall be given the benefit of the doubt.
Section 2. Standards for application. - In applying the precautionary
principle, the following factors, among others, may be considered: (1)
threats to human life or health; (2) inequity to present or future
generations; or (3) prejudice to the environment without legal
consideration of the environmental rights of those affected.
RULE 21
DOCUMENTARY EVIDENCE
Section 1. Photographic, video and similar evidence. - Photographs,
videos and similar evidence of events, acts, transactions of wildlife,
wildlife by-products or derivatives, forest products or mineral resources
subject of a case shall be admissible when authenticated by the person
who took the same, by some other person present when said evidence
was taken, or by any other person competent to testify on the accuracy
thereof.
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 SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE

Section 2. Entries in official records. - Entries in official records made in
the performance of his duty by a public officer of the Philippines, or by a
person in performance of a duty specially enjoined by law, are prima facie
evidence of the facts therein stated.

RULE 22
FINAL PROVISIONS

Section 1. Effectivity. - These Rules shall take effect within fifteen (15)
days following publication once in a newspaper of general circulation.

Section 2. Application of the Rules of Court. - The Rules of Court shall

apply in a suppletory manner, except as otherwise provided herein.

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A.M. NO. 11-6-10-SC
RE: GUIDELINES FOR LITIGATION IN QUEZON CITY TRIAL COURTS
The Court Resolved to APPROVE the Guidelines for
Litigation in Quezon City Trial Courts, to wit:
GUIDELINES FOR LITIGATION IN QUEZON CITY TRIAL COURTS
To test the practicability and feasibility of the proposed guidelines, the
Quezon City Trial Courts shall uniformly and consistently apply and enforce
these Guidelines from their date of effectivity, and all who practice before
Quezon City Trial Courts shall observe and comply with them.
A. Guidelines Common to Criminal and Civil Cases, including Special
Proceedings and Land Registration Cases
1. Limitation on pleadings. – Parties may file pleadings subsequent to the
complaint, answer and reply, regarding any incident in a pending case, only
upon prior leave of court, and in no case to exceed 40 pages in length,
double-spaced, using size 14 font.
2. Motions. –
(a) Motions that do not conform with the requirements of
Rule 15 of the Rules of Court are scraps of paper that do not merit the court's
consideration. The branch clerk of court shall inform the judge of
noncompliant motions. The court shall then immediately issue a final order
declaring the motion a mere scrap of paper unworthy of any further court
action, without necessity of a hearing or comment from the adverse party.
(b) Courts shall require only a comment or opposition to any motion, which
shall be filed within an inextendible period of 5 days. Thereafter, the motion
shall be submitted for resolution by the court. Unless allowed, the filing of a
reply, rejoinder, or sur-rejoinder is hereby prohibited.
3. Notice and service of processes through private couriers. –
(a) There shall be presumptive notice to a party of a court setting if such
notice appears on the record to have been mailed at least 20 days prior to
the scheduled date of hearing if the addressee is from within the National
Capital Region, or at least 30 days if the addressee is from outside the
National Capital Region.
(b) A party may opt to avail of private couriers for the service of pleadings,
motions and other submissions. Proof of service in such case shall either be
a sworn certification or affidavit of service from the courier specifically
SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE
referring to the date of service and the corresponding trackingnumber for the
mail matter.
4. Postponements. –
(a) Judges shall not grant any postponement except for acts of God or force
majeure.
(b) No motion for postponement, whether written or oral, shall be acted upon
by the court unless accompanied by the original official receipt from the
Office of the Clerk of Court of Quezon City evidencing payment of the
postponement fee.
(c) In civil cases, in the absence of counsel, the court shall proceed with the
hearing ex parte with no right to cross-examination. If it is the witness who is
absent, the presentation of such witness shall be declared waived.
In criminal cases, in the absence of counsel de parte, the hearing shall
proceed upon appointment by the court of a counsel de oficio. If it is the
witness who is absent, the presentation of such witness shall be declared
waived.
In either case, if the scheduled hearing is unable to proceed due to such
absence, the court shall require the absent counsel and/or party to pay the
expenses of the present party or witness for appearing in court on that date.
5. Calendar call. – Courts shall call the calendar at exactly 8:30 a.m. or
2:00 p.m., as the case may be, to determine which cases are ready to
proceed. No second call shall be made except only of those cases where
both parties have manifested their readiness to proceed. The remaining time
after the first call shall be divided equally among the ready cases to ensure
that all will be heard on that day.
6. Oral offer of evidence. – The offer of evidence, the comment thereon, and
the court ruling shall be made orally. A party is required to make his oral offer
of evidence on the same as the presentation of his last witness, and the
opposing party is required to immediately interpose his objection thereto.
Thereafter, the judge shall make the ruling on the offer of evidence in open
court.
In making the offer, the counsel shall cite the specific page numbers of the
court record where the exhibits being offered are found if attached thereto.
The court shall always ensure that all exhibits offered are submitted to the
court on the same day.
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If the exhibits are not attached to the record, the party making the offer must
submit the same during the offer of evidence in open court.
7. Lack of transcripts of stenographic notes. – Incomplete or missing
transcripts of stenographic notes is not a valid reason to interrupt or suspend
the mandatory period for deciding a case. Judges who conducted the trial in
a case and heard the testimonies of some or all of the witnesses shall not
defer the submission of the case for judgment on this ground. In cases where
the case was heard completely by another judge, the new judge tasked to
write the decision shall be given 60 days from assumption to office to require
the completion of transcripts before the case is deemed submitted for
decision.
8. Consolidations. –
(a) Consolidation of cases shall only be allowed if both or all of the cases
sought to be consolidated have not yet passed the pretrial or preliminary
conference stage.
(b) In cases involving multiple accused where a later information is filed
involving an accused who was subjected to further investigation by the Office
of the City Prosecutor of Quezon City, over an incident which has the same
subject matter as a prior Information/s against different accused, the later
case when filed under cover of a motion for consolidation from the OCP-QC
shall no longer be raffled, but shall be assigned directly to the court where
the earlier cases are pending.
If the earlier cases are already at the trial stage and witnesses have been
presented by the prosecution, the prosecution shall be allowed to merely
adopt the evidence so far presented against the new accused, subject to the
latter's right to cross-examine the said witnesses.
(c) In civil cases, consolidation shall be granted only if there is identity of
parties and issues in the affected cases.
9. Inhibitions. – Each party shall only be allowed to file one motion for
inhibition in any case strictly on grounds provided for under Rule 137 of the
Rules of Court.
10. Memoranda. – (a) After completion of trial, the court shall require the
parties to submit their memoranda which shall not exceed 25 pages in
length, single-spaced, on legal size paper, using size 14 font.
SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE
11. Free legal assistance. – If a party fails to qualify for the services of the
Public Attorney's Office, the Integrated Bar of the Philippines Quezon
City Chapter shall provide free legal assistance to the said party. For this
purpose, the IBP-QC Chapter shall submit to the Executive Judges of the
Quezon City trial courts, a list of IBP-QC lawyers who may be appointed by
the courts to act as counsel de oficio in such cases. The lists shall be
disseminated among all the trial courts in the station.
B. Guidelines for Civil Cases
1. Mediation, judicial dispute resolution, preliminary conference as mandatory
parts of pre-trial. – The order setting the case for pre-trial shall also include
(a) a referral to the PMC for mandatory mediation proceedings in cases
covered by the rule, and/or
(b) a setting for judicial dispute resolution, as well as
(c) a preliminary conference before the Branch Clerk of Court.
The pre-trial proper before the court must take place only after all the
foregoing shall have been completed.
The court shall strictly impose sanctions for non-appearance during
mediation, judicial dispute resolution, and/or preliminary conference before
the Branch Clerk as these are mandatory parts of pre-trial.
Courts must strictly comply with the Guidelines to be Observed in the
Conduct of Pre-Trial under A.M. No. 03-1-09-SC.
2. Motions relating to pre-trial matters. –
(a) Motions relating to the following pre-trial matters shall be filed before the
scheduled date of pretrial, otherwise they shall be barred:
i. Summary judgment and judgment on the pleadings
ii. Amendments to pleadings, including the adding or dropping of parties
iii. Suspension of proceedings
iv. Dismissals under Rule 16, save for lack of jurisdiction over the
subject matter of the case
(b) The courts must resolve said motions not later than 30 days after
submission. Pre-trial proper shall only be conducted after such resolution.
3. Affidavits in lieu of direct testimony. – (a) The direct examination of all
witnesses shall be presented through Affidavits, preferably in question-and-
answer format. Paragraphs shall be consecutively numbered for facility of
reference.
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(b) The Affidavits shall take the place of the witness' direct examination and
no additional oral direct testimony shall be allowed by the court save for the
witness' identification and confirmation of his Affidavit and its marking. The
failure to submit such Affidavits on the date they are required to be submitted
shall amount to a waiver of such submission and of the presentation of the
witness/es concerned.
(c) The party presenting the Affidavit shall serve a copy of the same on the
adverse counsel and the court not later than five days before the scheduled
pre-trial. He shall also attach thereto copies of all documents identified and
referred to by the witness in the Affidavit which are intended to be marked in
evidence.
(d) Cross-examination shall be conducted immediately after the confirmation
of the Affidavit, and the testimony of the witness shall be completed on the
same setting.
4. Execution in appealed ejectment cases. – In ejectment cases brought to
the Regional Trial Court on appeal, where the latter’s decision has already
become final and executory, a motion for execution of said decision shall be
filed only with and resolved by the Metropolitan Trial Court which originally
heard the case.
C. Guidelines for Criminal Cases
1. Schedule of arraignment. –
(a) The arraignment shall be set within seven days from receipt by the court
of the case, for detained accused, and within 20 days from receipt by the
court of the case, for non-detained accused.
(b) The court must set the arraignment of the accused in the commitment
order, in the case of detained accused, or in the order of approval of bail, in
any other case.
For this purpose, where the Executive Judges and Pairing Judges act on bail
applications of cases assigned to other courts, they shall coordinate with the
courts to which the cases are actually assigned for scheduling purposes.
(c) Notice of arraignment shall be sent to the private complainant or
complaining law enforcement agent for purposes of plea bargaining,
pursuant to Rule 116, Section 1 (f) of the Rules of Court.
2. Suspension of arraignment. – Courts shall strictly observe the general rule
that there shall be no suspension of arraignment except for any of the three
grounds stated in Rule 116, Section 11 of the Rules of Court.
SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE
(a) In case of suspension of arraignment by reason of a pending petition for
review with the DOJ, no court shall allow a suspension beyond 60 days. In
granting motions on this ground, the court shall already set the arraignment
on the 61st day from the date of filing of the petition with the DOJ, or the
nearest available trial date thereafter.
(b) A motion for preliminary investigation shall only be granted where the
accused was made subject to inquest proceedings, pursuant to Rule 112,
Section 7 of the Rules of Court.
(c) In cases where a motion for preliminary investigation or reinvestigation is
granted by the court, the Office of the City Prosecutor of Quezon City shall
complete the preliminary investigation or re-investigation, as the case may
be, and submit its resolution to the court within 60 days from receipt of the
order granting the motion for preliminary investigation or re-investigation.
Upon lapse of the 60-day period without a resolution on the preliminary
investigation or re-investigation, the court shall proceed with the arraignment
of the accused. In the order granting the motion for preliminary investigation
or re-investigation, the court shall already set the arraignment of the
accused.
(d) The court shall not allow the deferment of arraignment on ground of
absence of counsel de parte for the accused if a prior postponement for the
same reason has been granted and both accused and counsel are duly
notified of the arraignment. In such instances, the court shall appoint a
counsel de oficio to assist the accused for arraignment purposes only.
3. Waiver of reading of the information. – The court, upon personal
examination of the accused, may allow a waiver of the reading of the
Information upon the express understanding and intelligent consent of the
accused and his counsel, which consent shall be evidenced in both the
minutes/certificate of arraignment and the order of arraignment. The court
shall ensure the accused’s full understanding of the consequences of the
waiver before approving the same.
4. Petitions for bail. – Except in complex cases involving multiple accused
and multiple offended parties, an application for bail shall be heard and
resolved within 60 days from the date of the first hearing, and consistentwith
the rules, summary in nature, preferably requiring the submission by the
prosecution of the affidavits of its witnesses with right of crossexamination by
the defense.
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5. Pre-trial. –
(a) The court shall schedule the arraignment and pre-trial on the same date
in all cases, except in cases which require mediation and/orjudicial dispute
resolution. The pre-trial proper in the latter cases must be scheduled
immediately upon conclusion of mediation and/or judicial dispute resolution.
(b) If the arraignment and pre-trial will be conducted on separate dates, the
setting of pre-trial and trial dates must be made during the arraignment.
(c) The order setting the case for pre-trial shall also include (a) a referral to
the PMC for mandatory mediation proceedings in cases covered by the rule,
and/or (b) a setting for judicial dispute resolution, as well as (c) a preliminary
conference before the Branch Clerk of Court, pursuant to A.M.
No. 03-1-09-SC. The pre-trial proper before the court must take place only
after all the foregoing shall have been completed.
(d) The court shall proceed with pre-trial despite the absence of the accused
and/or private complainant provided they were duly notified of the same.
(e) Courts must strictly comply with the Guidelines to be Observed in the
Conduct of Pre-Trial under A.M. No. 03-1-09-SC.
6. Affidavits in lieu of direct testimony. –
(a) As a rule, testimony of witnesses in criminal cases shall be given orally in
open court, except
(a.1) when the parties agree to submit affidavits in lieu of oral
testimony; and
(a.2) to prove the civil liability.
(b) The Affidavits so submitted shall take the place of the witness' direct
examination and additional oral direct testimony shall be allowed only upon
the court's sound discretion. The failure to submit Affidavits on the date they
are required to be submitted shall amount to a waiver of such submission
and of the presentation of the witness/es concerned.
(c) The party presenting the Affidavit shall serve a copy of the same on the
adverse counsel and the court not later than five days before the scheduled
pre-trial. He shall also attach thereto copies of all documents identified and
referred to by the witness in the Affidavit which are intended to be marked in
evidence.
SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE
(d) Cross-examination shall be conducted immediately after the confirmation
of the Affidavit, and the testimony of the witness shall becompleted on the
same setting.
(e) Expert testimony shall always be given orally.
7. Demurrer and submission of case for decision. –
(a) Once the prosecution rests its case, the court must inquire from the
accused whether he will file a demurer to evidence or he will no longer
present evidence, and then act accordingly.
(b) When the defense rests its case, unless the prosecution expressly moves
to present rebuttal evidence, the court shall require the parties to submit their
memoranda and in the same order, schedule the date of promulgation of the
judgment, within the period required by the law or the rules.
8. Private prosecutors. – In cases where the civil liability is being prosecuted
by a private counsel, a written authority from the Office of the City Prosecutor
of Quezon City in favor of the Private Prosecutor, to try the case even in the
absence of the Public Prosecutor, must be submitted to the court no later
than the pre-trial stage.
With this authority on record, the court may set trial in this case and other
cases being tried by Private Prosecutors with delegated authority, on a
separate day when the presence of the Public Prosecutor may be dispensed
with.
D. Applicability of the Guidelines
These Guidelines shall apply to all newly filed cases, as well as pending
cases where trial has not started yet, whether or not the pre-trial has been
concluded.
For pending cases where trial has already commenced, where the parties
consent to the application of the Guidelines for the remainder of the case
proceedings, the Guidelines shall be applied by the court to that case as well.
E. Monitoring and Evaluation
(a) The application of and adherence to these Guidelines shall be subject to
periodic monitoring by the Committee and its technical support staff.
For this purpose, Quezon City Trial Courts shall accomplish and submit a
periodic report of data on a form to be generated and distributed by the
Committee. Training in the use of the form shall be done by the Committee’s
technical support staff.
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 SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE

(b) The project shall be subject to quarterly reviews by the
Committee. At the end of the 6th month from such date of effectivity, the
Committee shall prepare a Mid-Term Report on the project for submission to
the Supreme Court, and at the end of the 12th month from such date of
effectivity, the Committee shall prepare and submit a Final Report on the
project to the Supreme Court.

F. Effectivity
These Guidelines shall take effect on April 16, 2012, after its publication for
two consecutive weeks in two newspapers of general circulation in the
country and after posting for one month at all floors of the Hall of Justice of
Quezon City, including at the Offices of the Clerks of Court of the Regional
Trial Court and the Metropolitan Trial Court.”

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A.M. No. 12-8-8-SC
JUDICIAL AFFIDAVIT RULE
Whereas, case congestion and delays plague most courts in cities, given
the huge volume of cases filed each year and the slow and cumbersome
adversarial syste1n that the judiciary has in place;
Whereas, about 40% of criminal cases are dismissed annually owing to
the fact that complainants simply give up con1ing to court after repeated
postponements;
Whereas, few foreign businessmen make long-term investments in the
Philippines because its courts are unable to provide ample and speedy
protection to their investments, keeping its people poor;
Whereas, in order to reduce the time needed for completing the
testimonies of witnesses in cases under litigation, on February 21, 2012
the Supreme Court approved for piloting by trial courts in Quezon City the
compulsory use of judicial affidavits in place of the direct testimonies of
witnesses;
Whereas, it is reported that such piloting has quickly resulted in reducing
by about two-thirds the time used for presenting the testimonies of
witnesses, thus speeding up the hearing and adjudication of cases;
Whereas, the Supreme Court Committee on the Revision of the Rules of
Court, headed by Senior Associate Justice Antonio T. Carpio, and the
Sub-Committee on the Revision of the Rules on Civil Procedure, headed
by Associate Justice Roberto A. Abad, have recommended for adoption a
Judicial Affidavit Rule that will replicate nationwide the success of the
Quezon City experience in the use of judicial affidavits; and
Whereas, the Supreme Court En Banc finds merit in the
recommendation;
NOW, THEREFORE, the Supreme Court En Banc hereby issues and
promulgates the following:
SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE
Section 1. Scope. - (a) This Rule shall apply to all actions, proceedings,
and incidents requiring the reception of evidence before:
(1) The Metropolitan Trial Courts, the Municipal Trial
Courts in Cities, the Municipal Trial Courts, the Municipal
Circuit Trial Courts, and the Shari' a Circuit Courts but
shall not apply to small claims cases under A.M. 08-8-7-
SC;
(2) The Regional Trial Courts and the Shari'a District
Courts;
(3) The Sandiganbayan, the Court of Tax Appeals, the
Court of Appeals, and the Shari'a Appellate Courts;
(4) The investigating officers and bodies authorized by the
Supreme Court to receive evidence, including the
Integrated Bar of the Philippine (IBP); and
(5) The special courts and quasi-judicial bodies, whose
rules of procedure are subject to disapproval of the
Supreme Court, insofar as their existing rules of
procedure contravene the provisions of this Rule.1
(b) For the purpose of brevity, the above courts, quasi-judicial
bodies, or investigating officers shall be uniformly referred to here
as the "court."
Section 2. Submission of Judicial Affidavits and Exhibits in lieu of direct
testimonies. - (a) The parties shall file with the court and serve on the
adverse party, personally or by licensed courier service, not later than
five days before pre-trial or preliminary conference or the scheduled
hearing with respect to motions and incidents, the following:
(1) The judicial affidavits of their witnesses, which shall
take the place of such witnesses' direct testimonies; and
(2) The parties' docun1entary or object evidence, if any,
which shall be attached to the judicial affidavits and
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marked as Exhibits A, B, C, and so on in the case of the
complainant or the plaintiff, and as Exhibits 1, 2, 3, and so
on in the case of the respondent or the defendant.
(b) Should a party or a witness desire to keep the original
document or object evidence in his possession, he may, after the
same has been identified, marked as exhibit, and authenticated,
warrant in his judicial affidavit that the copy or reproduction
attached to such affidavit is a faithful copy or reproduction of that
original. In addition, the party or witness shall bring the original
document or object evidence for comparison during the
preliminary conference with the attached copy, reproduction, or
pictures, failing which the latter shall not be admitted.
This is without prejudice to the introduction of secondary evidence in
place of the original when allowed by existing rules.
Section 3. Contents of judicial Affidavit. - A judicial affidavit shall be
prepared in the language known to the witness and, if not in English or
Filipino, accompanied by a translation in English or Filipino, and shall
contain the following:
(a) The name, age, residence or business address, and
occupation of the witness;
(b) The name and address of the lawyer who conducts or
supervises the examination of the witness and the place where
the examination is being held;
(c) A statement that the witness is answering the questions asked
of him, fully conscious that he does so under oath, and that he
may face criminal liability for false testimony or perjury;
(d) Questions asked of the witness and his corresponding
answers, consecutively numbered, that:
(1) Show the circumstances under which the witness
acquired the facts upon which he testifies;
SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE
(2) Elicit from him those facts which are relevant to the
issues that the case presents; and
(3) Identify the attached documentary and object evidence
and establish their authenticity in accordance with the
Rules of Court;
(e) The signature of the witness over his printed name; and
(f) A jurat with the signature of the notary public who administers
the oath or an officer who is authorized by law to administer the
same.
Section 4. Sworn attestation of the lawyer. - (a) The judicial affidavit shall
contain a sworn attestation at the end, executed by the lawyer who
conducted or supervised the examination of the witness, to the effect
that:
(1) He faithfully recorded or caused to be recorded the
questions he asked and the corresponding answers that
the witness gave; and
(2) Neither he nor any other person then present or
assisting him coached the witness regarding the latter's
answers.
(b) A false attestation shall subject the lawyer mentioned to
disciplinary action, including disbarment.
Section 5. Subpoena. - If the government employee or official, or the
requested witness, who is neither the witness of the adverse party nor a
hostile witness, unjustifiably declines to execute a judicial affidavit or
refuses without just cause to make the relevant books, documents, or
other things under his control available for copying, authentication, and
eventual production in court, the requesting party may avail himself of the
issuance of a subpoena ad testificandum or duces tecum under Rule 21
of the Rules of Court. The rules governing the issuance of a subpoena to
the witness in this case shall be the same as when taking his deposition
except that the taking of a judicial affidavit shal1 be understood to be ex
parte.
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Section 6. Offer of and objections to testimony in judicial affidavit. - The
party presenting the judicial affidavit of his witness in place of direct
testimony shall state the purpose of such testimony at the start of the
presentation of the witness. The adverse party may move to disqualify
the witness or to strike out his affidavit or any of the answers found in it
on ground of inadmissibility. The court shall promptly rule on the motion
and, if granted, shall cause the marking of any excluded answer by
placing it in brackets under the initials of an authorized court personnel,
without prejudice to a tender of excluded evidence under Section 40 of
Rule 132 of the Rules of Court.
Section 7. Examination of the witness on his judicial affidavit. - The
adverse party shall have the right to cross-examine the witness on his
judicial affidavit and on the exhibits attached to the same. The party who
presents the witness may also examine him as on re-direct. In every
case, the court shall take active part in examining the witness to
determine his credibility as well as the truth of his testimony and to elicit
the answers that it needs for resolving the issues.
Section 8. Oral offer of and objections to exhibits. - (a) Upon the
termination of the testimony of his last witness, a party shall immediately
make an oral offer of evidence of his documentary or object exhibits,
piece by piece, in their chronological order, stating the purpose or
purposes for which he offers the particular exhibit.
(b) After each piece of exhibit is offered, the adverse party shall
state the legal ground for his objection, if any, to its admission,
and the court shall immediately make its ruling respecting that
exhibit.
(c) Since the documentary or object exhibits form part of the
judicial affidavits that describe and authenticate them, it is
sufficient that such exhibits are simply cited by their markings
during the offers, the objections, and the rulings, dispensing with
the description of each exhibit.
Section 9. Application of rule to criminal actions. - (a) This rule shall
apply to all criminal actions:
SPECIAL RULES AND PROCEDURES | CRIMINAL PROCEDURE
(1) Where the maximum of the imposable penalty does
not exceed six years;
(2) Where the accused agrees to the use of judicial
affidavits, irrespective of the penalty involved; or
(3) With respect to the civil aspect of the actions,
whatever the penalties involved are.
(b) The prosecution shall submit the judicial affidavits of its
witnesses not later than five days before the pre-trial, serving
copies if the same upon the accused. The complainant or public
prosecutor shall attach to the affidavits such documentary or
object evidence as he may have, marking them as Exhibits A, B,
C, and so on. No further judicial affidavit, documentary, or object
evidence shall be admitted at the trial.
(c) If the accused desires to be heard on his defense after receipt
of the judicial affidavits of the prosecution, he shall have the
option to submit his judicial affidavit as well as those of his
witnesses to the court within ten days from receipt of such
affidavits and serve a copy of each on the public and private
prosecutor, including his documentary and object evidence
previously marked as Exhibits 1, 2, 3, and so on. These affidavits
shall serve as direct testimonies of the accused and his witnesses
when they appear before the court to testify.
Section 10. Effect of non-compliance with the judicial Affidavit Rule. - (a)
A party who fails to submit the required judicial affidavits and exhibits on
time shall be deemed to have waived their submission. The court may,
however, allow only once the late submission of the same provided, the
delay is for a valid reason, would not unduly prejudice the opposing party,
and the defaulting party pays a fine of not less than P 1,000.00 nor more
than P 5,000.00 at the discretion of the court.
(b) The court shall not consider the affidavit of any witness who
fails to appear at the scheduled hearing of the case as required.
Counsel who fails to appear without valid cause despite notice
shall be deemed to have waived his client's right to confront by
cross-examination the witnesses there present.
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(c) The court shall not admit as evidence judicial affidavits that do
not conform to the content requirements of Section 3 and the
attestation requirement of Section 4 above. The court may,
however, allow only once the subsequent submission of the
compliant replacement affidavits before the hearing or trial
provided the delay is for a valid reason and would not unduly
prejudice the opposing party and provided further, that public or
private counsel responsible for their preparation and submission
pays a fine of not less than P 1,000.00 nor more than P 5,000.00,
at the discretion of the court.

Section 11. Repeal or modification of inconsistent rules. - The provisions

of the Rules of Court and the rules of procedure governing investigating
officers and bodies authorized by the Supreme Court to receive evidence
are repealed or modified insofar as these are inconsistent with the
provisions of this Rule.
1âwphi1

The rules of procedure governing quasi-judicial bodies inconsistent

herewith are hereby disapproved.

Section 12. Effectivity. - This rule shall take effect on January 1, 2013
following its publication in two newspapers of general circulation not later
than September 15, 2012. It shall also apply to existing cases.

72