Rule 110 GR: The institution of the criminal action shall interrupt the period of prescription
Prosecution of Offenses of the offense charged.
Section 1. Institution of criminal actions. — Criminal actions shall be instituted as
follows:
(a) For offenses where a preliminary investigation is required pursuant to section 1
of Rule 112, by filing the complaint with the proper officer for the purpose of
conducting the requisite preliminary investigation.
(b) For all other offenses, by filing the complaint or information directly with the
Municipal Trial Courts and Municipal Circuit Trial Courts, or the complaint with
the office of the prosecutor. In Manila and other chartered cities, the complaint
shall be filed with the office of the prosecutor unless otherwise provided in their
charters.
The institution of the criminal action shall interrupt the running period of
prescription of the offense charged unless otherwise provided in special laws.
PURPOSE OF A CRIMINAL ACTION: to determine the penal liability of the accused
for having outraged the state with his crime, and if he be found guilty, to punish
him for it.
HOW CRIMINAL ACTIONS ARE INSTITUTED
• It generally depends upon whether or not the offense is one which requires a
preliminary investigation.
PRELIMINARY INVESTIGATION IS PRELIMINARY INVESTIGATION IS
REQUIRED NOT REQUIRED
File the complaint with the proper (1) File the complaint or information
officer for the purpose of conducting the directly with the MTC or MCTC.
requisite preliminary investigation. (2) File the complaint with the office of
the prosecutor.
• In Metro Manila and other chartered cities, file the complaint with the office of
the prosecutor unless otherwise provided in their charters.
• There is NO direct filing of an information or complaint with the RTC because
its jurisdiction covers offenses which require preliminary investigation.
PRELIMINARY INVESTIGATION – is a determination whether an offense has been
committed, and whether there is probable cause for the accused to have committed
an offense. It is to be conducted for offenses where penalty is at least 4 years, 2
months and 1 day.
The RTC has jurisdiction over an offense punishable with imprisonment of more
than 6 years, a period way above the minimum penalty for an offense that requires
a preliminary investigation.
The MTC has exclusive jurisdiction over offenses punishable with imprisonment not
exceeding 6 years.
XPN: A different rule is provided for in special laws.
• The filing of the complaint before (1) the MTC or (2) the prosecutor’s office for
preliminary investigation is sufficient to interrupt the prescriptive period for the
offense.
• It is an established doctrine that a preliminary investigation interrupts the
prescription period.
• Act No. 3326, as amended – is the law which governs the period for
prescription for violations penalized by special acts and municipal ordinances.
Section 2. The Complaint or information. — The complaint or information shall be in
writing, in the name of the People of the Philippines and against all persons who
appear to be responsible for the offense involved.
PARTIES: (1) People of the Philippines (2) Accused
• The offended party is regarded merely as a witness for the state.
• A private offended party may NOT appeal the dismissal of a criminal case of the
acquittal of the accused because the aggrieved party is the People of the
Philippines.
• However, the offended party may appeal the civil aspect of the case thru a
special civil action for certiorari, questioning the decision of the court on
jurisdictional grounds.
• The dismissal made by the RTC can only be appealed by the OSG.
• Only the OSG can bring and/or defend actions on behalf of the Republic or
represent the people or the State in criminal proceedings pending in the SC
and CA.
Section 3. Complaint defined. — A complaint is a sworn written statement charging
a person with an offense, subscribed by the offended party, any peace officer, or
other public officer charged with the enforcement of the law violated.
Section 4. Information defined. — An information is an accusation in writing
charging a person with an offense, subscribed by the prosecutor and filed with the
court.
COMPLAINT INFORMATION
Must be “sworn” (under oath) and Does not need to be “sworn”
“written”
It must be subscribed ONLY by (1) the It must be subscribed only by a
offended party, (2) any peace officer, or prosecutor.
(3) other public officer.
Section 5. Who must prosecute criminal actions. — All criminal actions either
commenced by a complaint or 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 the end of the trial even in the absence of a public
prosecutor, unless the authority is revoked or otherwise withdrawn.
The crimes of adultery and concubinage shall not be prosecuted except upon a
complaint filed by the offended spouse. The offended party cannot institute criminal
prosecution without including the guilty parties, if both alive, nor, in any case, if
the offended party has consented to the offense or pardoned the offenders.
The offenses of seduction, abduction and acts of lasciviousness shall not be
prosecuted except upon a complaint filed by the offended party or her parents,
grandparents or guardian, nor, in any case, if the offender has been expressly
pardoned by any of them. If the offended party dies or becomes incapacitated before
she can file the complaint, and she has no known parents, grandparents or
guardian, the State shall initiate the criminal action in her behalf.
The offended party, even if a minor, has the right to initiate the prosecution of the
offenses of seduction, abduction and acts of lasciviousness independently of her
parents, grandparents, or guardian, unless she is incompetent or incapable of
doing so. Where the offended party, who is a minor, fails to file the complaint, her
parents, grandparents, or guardian may file the same. The right to file the action
granted to parents, grandparents or guardian shall be exclusive of all other persons
and shall be exercised successively in the order herein provided, except as stated in
the preceding paragraph.
No criminal action for defamation which consists in the imputation of the offenses
mentioned above shall be brought except at the instance of and upon complaint
filed by the offended party.
The prosecution for violation of special laws shall be governed by the provisions
thereof.
PROSECUTOR
• The executive department is accountable for the prosecution of crimes.
• DOJ is the executive arm of the government mandated to investigate the
commission of crimes, prosecute offenders and administer the probation and
correction system.
• It is the DOJ, through its prosecutors, which is authorized to prosecute
criminal cases on behalf of the People of the Philippines.
• A violation of criminal laws is an affront to the People of the Philippines as
whole and not merely to the person directly prejudiced, he being merely the
complaining witness. Hence, the presence of a public prosecutor in the trial of
criminal cases is necessary to protect vital state interests.
• A criminal action is a MTC or in a MCTC shall also be prosecuted under the
direction and control of the prosecutor. However, when the prosecutor assigned
is not available, the action may be prosecuted by (a) the offended party, (b) by
any peace officer, (c) public officer charged with the enforcement of the law
violated.
• A criminal action is prosecuted under the direction and control of the
PROSECUTOR.
• REASON: Since a criminal offense is an outrage to the sovereignty of the State,
it necessarily follows that a representative of the State shall direct and control
the prosecution itself.
GR: Not even the SC can order the prosecution of a person against whom the
prosecutor does not find sufficient evidence to support at least a prima facie case.
XPN: There is an unmistakable showing of grave abuse of discretion of the part of
the prosecutor.
POWERS OF A PUBLIC PROSECUTOR
(1) Determine whether a prima facie case exists
(2) Decide which of the conflicting testimonies should be believed free from the
interference or control of the offended party
(3) Determine which witnesses to present in court, subject only to the rights
against self-incrimination
(4) Turn over the actual prosecution of the criminal case to the private prosecutor
in his discretion, but he may at any time, take over the actual conduct of the
trial
(5) Entitled to conduct its own case and to decide what witnesses to call to support
its charges
REQUIREMENTS WHEN A PRIVATE PROSECUTOR MAY PROSECUTE A CASE
(1) Authorized to do so in writing
• Authority shall be given either by the Chief of the Prosecution Office or
Regional State Prosecutor.
(2) The written authorization is approved by the court
PROSECUTION OF “PRIVATE CRIMES”
(1) Adultery and Concubinage
• Complaint must be filed only by the offended spouse.
• It must be filed against both guilty parties, unless one of them is dead.
• The offended spouse cannot file a case if he/she (1) consented or (2)
pardoned, either expressed or implied.
(2) Abduction, Seduction, Acts of Lasciviousness
• Complaint may be filed by (1) the offended party, (2) parents, (3)
grandparents, or (4) guardian.
• Offended cannot file a complaint if he/she expressly pardoned the offender.
• The list is EXCLUSIVE AND SUCCESSIVE.
• If the offended party dies or becomes incapacitated and her parents,
grandparents or guardian are unknown, the State can file a case in
his/her behalf.
GR: The offended party, even if a minor, can file a complaint independently from
that of her parents, grandparents or guardian.
XPN: If he/she is incompetent or incapacitated.
(3) Defamation
• The defamation under this rule consists in the imputation of the offenses
of Adultery, Concubinage, Seduction, Abduction, and Acts of
lasciviousness.
 • The action for defamation shall only be at the instance of the offended
party.
Section 6. Sufficiency of complaint or information. — A complaint or information is
sufficient if it states the name of the accused; the designation of the offense given
by the statute; the acts or omissions complained of as constituting the offense; the
name of the offended party; the approximate date of the commission of the offense;
and the place where the offense was committed.
When an offense is committed by more than one person, all of them shall be
included in the complaint or information.
INFIRMITY IN SIGNATURE IN THE INFORMATION
• A valid information signed by a competent officer confers jurisdiction on the
court over the person of the accused and the subject matter.
• An infirmity in the information, such as lack of authority of the officer signing
it, cannot be cured by silence, acquiescence or even by express consent.
REQUISITES FOR THE SUFFICIENCY OF THE COMPLAINT OR INFORMATION
(1) Name of the accused; if the offense is committed by more than one person, all
of them shall be included;
(2) Designation of the offense given by statute;
(3) Acts or omissions complained of as constituting the offense;
(4) Name of the offended party;
(5) Approximate date of the commission of the offense;
(6) Place where the offense was committed.
TEST FOR SUFFICIENCY OF THE COMPLAINT OR INFORMATION
The test is whether the crime is described in intelligible terms with such
particularity as to apprise the accused, with reasonable certainty, of the offense
charged.
PURPOSE OF THE VALIDITY AND SUFFICIENCY OF THE INFORMATION
To enable the accused to suitably prepare for his defense, since he is
presumed to have independent knowledge of the facts that constitute the offense.
QUESTIONING THE INSUFFICIENCY OF THE COMPLAINT; WHEN TO OBJECT
• The sufficiency of an information may be assailed but the right to question
the sufficiency of the same is NOT absolute. An accused is deemed to have
waived this right if he fails to object upon his arraignment or during trial.
• Objections as to form must be done before arraignment either for a bill of
particulars or for the quashal of the information.
DETERMINATION OF THE NATURE AND CHARACTER OF THE CRIME
• The character of the crime is determined by the recital of the ultimate facts
and circumstances in the information, not by the caption nor by the
specification of the provision of law allegedly violated.
Section 7. Name of the accused. — The complaint or information must state the
name and surname of the accused or any appellation or nickname by which he has
been or is known. If his name cannot be ascertained, he must be described under a
fictitious name with a statement that his true name is unknown.
If the true name of the accused is thereafter disclosed by him or appears in some
other manner to the court, such true name shall be inserted in the complaint or
information and record.
HOW TO STATE THE NAME OF THE ACCUSED
(1) Name and surname, or nickname
(2) Described under fictitious name, if name is unknown
(3) If true name is later known, such must be inserted in the complaint
• A mistake in the name of the accused is not equivalent to a mistake in the
identity of the accused.
Section 8. Designation of the offense. — The complaint or information shall state the
designation of the offense given by the statute, aver the acts or omissions constituting
the offense, and specify its qualifying and aggravating circumstances. If there is no
designation of the offense, reference shall be made to the section or subsection of the
statute punishing it.
• It is the allegations that determine the nature of the offense, not the technical
name given by the public prosecutor in the preamble of the information.
• The specific acts of the accused do not have to be described in detail in the
information as it is enough that the offense be described with sufficient
particularity to make sure the accused fully understands what he is being
charged with.
RULES TO OBSERVE IN DESIGNATING THE OFFENSE
(1) The designation requires the name given to the offense by statute. If the statute
gives no designation, then reference must be made to the section of subsection
punishing it;
(2) Averment of the acts or omissions constituting the offense must be included;
(3) The complaint must specify the qualifying and aggravating circumstances.
• The failure to designate the offense does NOT vitiate the information if the
facts alleged clearly recite the facts constituting the crime charged.
• The failure to specify the correct crime committed will NOT bar the
conviction of the accused.
• The accused will not be convicted of the offense proved during trial if the
qualifying and generic aggravating circumstances were not properly alleged
in the information.
• REASON: The accused cannot be held liable for an offense graver than that
for which he was indicted

Section 9. Cause of the accusation. — The acts or omissions complained of as
constituting the offense and the qualifying and aggravating circumstances must be
stated in ordinary and concise language and not necessarily in the language used
in the statute but in terms sufficient to enable a person of common understanding
to know what offense is being charged as well as its qualifying and aggravating
circumstances and for the court to pronounce judgment.
• The allegations of facts constituting the offense charged are substantial matters
and an accused’s right to question his conviction based on facts not alleged in
the information cannot be waived.
• The accused will not be convicted of the offense proved during the trial if it was
not properly alleged in the information.
• No matter how conclusive and convincing the evidence of guilt may be, an
accused cannot be convicted of any offense unless it is charged in the
information on which he is tried or is necessarily included therein.
• To convict him of a ground not alleged while he is concentrating his defense
against the ground alleged would plainly be unfair.
• In informing the accused of the cause of accusation against him, it is sufficient to
use ordinary and concise language to enable a person of common understanding
to know the following:
o The offense charged;
o The acts or omissions constituting the offense;
o The qualifying and aggravating circumstances.
Section 10. Place of commission of the offense. — The complaint or information is
sufficient if it can be understood from its allegations that the offense was committed
or some of the essential ingredients occurred at some place within the jurisdiction
of the court, unless the particular place where it was committed constitutes an
essential element of the offense or is necessary for its identification.
• The statement of the place of commission of an offense is sufficient if it can be
understood from the allegations of the complaint of information that the offense
committed or some of its essential ingredients occurred at some place within the
jurisdiction of the court.
Section 11. Date of commission of the offense. — It is not necessary to state in the
complaint or information the precise date the offense was committed except when it
is a material ingredient of the offense. The offense may be alleged to have been
committed on a date as near as possible to the actual date of its commission.
GR: It is not necessary to state in the complaint or information the precise date the
offense was committed.
XPN: The date of commission is a material element of the offense.
EG. For rape cases, the failure to specify the exact date when the rape occurred
does not ipso facto make the information defective because the date of the
commission of rape is not a material ingredient of the said crime. The gravamen of
rape is carnal knowledge of a woman through force and intimidation. The precise
time when the rape took place has no substantial bearing on its commission.
Section 12. Name of the offended party. — The complaint or information must state
the name and surname of the person against whom or against whose property the
offense was committed, or any appellation or nickname by which such person has
been or is known. If there is no better way of identifying him, he must be described
under a fictitious name.
(a) In offenses against property, if the name of the offended party is unknown,
the property must be described with such particularity as to properly identify
the offense charged.
(b) If the true name of the of the person against whom or against whose property
the offense was committed is thereafter disclosed or ascertained, the court must
cause the true name to be inserted in the complaint or information and the
record.
(c) If the offended party is a juridical person, it is sufficient to state its name, or
any name or designation by which it is known or by which it may be identified,
without need of averring that it is a juridical person or that it is organized in
accordance with law.
HOW TO STATE THE OFFENDED PARTY WHO IS A NATURAL PERSON
(1) Name and surname, or nickname
(2) Described under fictitious name, if name is unknown
(3) If true name is later known, such must be inserted in the complaint
HOW TO STATE THE OFFENDED PARTY WHO IS A JURIDICAL PERSON
• State its name or any name or designation by which it is known or by which it
may be identified, without need of averring that it is a juridical person.
RULE IF OFFENDED IS UNKNOWN IN OFFENSES AGAINST PROPERTY
• The property must be described with such particularity as to properly identify
the offense charged.
• In case of offenses against property, the designation of the name of the offended
party is NOT absolutely indispensable for as long as the criminal act charged in
the complaint of information can be properly identified.
Section 13. Duplicity of the offense. — A complaint or information must charge but
one offense, except when the law prescribes a single punishment for various
offenses.
GR: A complaint or an information must charge only one offense. SUBSTANTIAL AMENDMENT – consists of the recital of facts constituting a change
in the offense charged to the prejudice of a party because another set of evidence is
XPN: When the law prescribes a single punishment for various offenses. required to suit the new charge or because it deprives an accused the opportunity
to meet the new offense. All other matters are merely of FORMAL AMENDMENT.

• Failure of the accused to interpose an objection of the ground of duplicity of the

offenses charged constitutes waiver.
• The objection must be done before trial. If accused does not so object, the court
may convict him of as many offenses as are charged and proved, and impose
on him the penalty for each offense.
Section 14. Amendment or substitution. — A complaint or information may be
amended, in form or in substance, without leave of court, at any time before the
accused enters his plea. After the plea and during the trial, a formal amendment
may only be made with leave of court and when it can be done without causing
prejudice to the rights of the accused.
However, any amendment before plea, which downgrades the nature of the offense
charged in or excludes any accused from the complaint or information, can be
made only upon motion by the prosecutor, with notice to the offended party and
with leave of court. The court shall state its reasons in resolving the motion and
copies of its order shall be furnished all parties, especially the offended party. (n)
EXAMPLES OF FORMAL AMENDMENTS:
(1) New allegations which relate only to the range of the penalty
(2) Additional allegations which do not alter the prosecution’s theory of the case
(3) An amendment which does not adversely affect any substantial right of the
accused
(4) An amendment that merely adds specifications to eliminate vagueness
SUBSTITUTION – may be made if it appears at any time before judgment that a
mistake has been made in charging the proper offense. In such case, the court shall
dismiss the original complaint or information once the new one charging the proper
offense is filed provided the accused will not be placed in double jeopardy.
• Both amendment and substitution of the information may be made before or
after the defendant pleads.

If it appears at any time before judgment that a mistake has been made in charging AMENDMENT
the proper offense, the court shall dismiss the original complaint or information May involve either formal or substantial
upon the filing of a new one charging the proper offense in accordance with section changes
19, Rule 119, provided the accused shall not be placed in double jeopardy. The Amendment before plea has been
court may require the witnesses to give bail for their appearance at the trial. entered can be effected without leave of
court
Where the amendment is only as to
AMENDMENT BEFORE THE ACCUSED ENTERS HIS PLEA form, there is no need for another
preliminary investigation and the
GR: The information may be amended in form and in substance WITHOUT the need retaking of the plea of the accused
for leave of court. An amended information refers to the
same offense charged in the original
XPNS: Leave of court is needed even if amendment is made before plea if: information or to an offense which
necessarily includes or is necessarily
included in the original charges, hence
(1) The amendment DOWNGRADES the nature of the offense; substantial amendments to the
(2) The amendment EXCLUDES any accused from the complaint or information. information after the plea has been
taken cannot be made over the
• (a) Motion by the prosecutor and (b) notice to the offended party is also required. objection of the accused, for it’s the
original information would be
withdrawn, the accused could invoke
AMENDMENT AFTER THE ACCUSED ENTERS HIS PLEA double jeopardy.
SUBSTITUTION
Necessarily involves a substantial
change from the original change
Substitution of information must be
with leave of court as the original
information has to be dismissed
Another preliminary investigation is
entailed and the accused has to plead
anew to the new information
Substitution requires or presupposes
that the new information involves a
different offense which does not include
or is not necessarily included in the
original charge, hence, the accuses
cannot claim double jeopardy.

• The amendment must be WITH leave of court.

• The amendment does not cause prejudice to the rights of the accused.
Section 15. Place where action is to be instituted. — ART 2 OF THE REVISED PENAL CODE
• Court where the criminal action is first filed.
(a) Subject to existing laws, the criminal action shall be instituted and tried in
the court of the municipality or territory where the offense was committed or Section 16. Intervention of the offended party in criminal action. — Where the civil
where any of its essential ingredients occurred. action for recovery of civil liability is instituted in the criminal action pursuant to
Rule 111, the offended party may intervene by counsel in the prosecution of the
(b) Where an offense is committed in a train, aircraft, or other public or private offense.
vehicle while in the course of its trip, the criminal action shall be instituted and
tried in the court of any municipality or territory where such train, aircraft or
other vehicle passed during such its trip, including the place of its departure
and arrival.
PRIVATE PROSECUTOR

(c) Where an offense is committed on board a vessel in the course of its voyage,
the criminal action shall be instituted and tried in the court of the first port of
entry or of any municipality or territory where the vessel passed during such
voyage, subject to the generally accepted principles of international law.
(d) Crimes committed outside the Philippines but punishable under Article 2 of
the Revised Penal Code shall be cognizable by the court where the criminal
action is first filed.
VENUE OF CRIMINAL ACTIONS
GR: The criminal action shall be instituted and tried in the court of the
municipality or territory (a) where the offense was committed, or (b) where any of its
essential ingredients occurred.
XPNS: Existing laws.
EG. In Written Defamation, the rules are:
(a) Generally, if the offended party is a Public Official or a Private Individual, the
action may be filed in the RTC of the province or city where the libelous article
is printed and first published.
(b) Private Individual - RTC of the province where he actually resided at the time of
the commission of the offense.
(c) Public Officer in Manila – RTC of Manila.
(d) Public Officer outside Manila – RTC of the province or city where he held office
at the time of the commission of the offense
• The appointment of a private prosecutor is done by the offended party and is
the mode by which the offended party intervenes in the prosecution of the
offense.
• This intervention is only allowed the the civil action for the recovery of the civil
liability is instituted with the criminal action pursuant to Rule 111.
• The offended party may NOT intervene in the prosecution of the offense
through a private prosecutor if the offended party (a) waives the civil action, (2)
reserves the right to institute it separately, or (c) institutes the civil action prior
to the criminal action.
• The institution of an independent civil action does not deprive the offended
party the right to intervene in the civil action through a private prosecutor.
• The civil liability for a crime includes restitution, reparation of the damage
caused and indemnification for consequential damages.
• The offender is obliged to satisfy the civil liability resulting from the crime
committed by him even if he has already served his sentence.
• By virtue of Sec 16 Rule 110 in relation to Sec 1 Rule 111, for the offended
party to acquire the right to intervene in the prosecution of the offense, it is
necessary that the civil action for the recovery of the civil liability be instituted
with the criminal action.
• A fundamental principle: Every person criminally liable for a felony is also
civilly liable. (Art. 100, RPC)

TRAIN, AIRCRAFT OR VEHICLE, WHETHER PUBLIC OR PRIVATE

• The case shall be instituted and tried in the court of any municipality where
such VAT passed during its trip, including the place of its departure and
arrival.

VESSEL
(a) The court of the first port of entry
(b) The municipality where the vessel passed during its voyage
.
 Rule 111
Prosecution of Civil Action
Section 1.Institution of criminal and civil actions. — (a) When criminal action is
instituted, the civil action for the recovery of civil liability arising from the offense
charged shall be deemed instituted with the criminal action unless the offended
party waives the civil action, reserves the right to institute it separately or institutes
the civil action prior to the criminal action.
The reservation of the right to institute separately the civil action shall be made
before the prosecution starts presenting its evidence and under circumstances
affording the offended party a reasonable opportunity to make such reservation.
When the offended party seeks to enforce civil liability against the accused by way
of moral, nominal, temperate, or exemplary damages without specifying the amount
thereof in the complaint or information, the filing fees thereof shall constitute a first
lien on the judgment awarding such damages.
Where the amount of damages, other than actual, is specified in the complaint or
information, the corresponding filing fees shall be paid by the offended party upon
the filing thereof in court.
Except as otherwise provided in these Rules, no filing fees shall be required for
actual damages.
No counterclaim, cross-claim or third-party complaint may be filed by the accused
in the criminal case, but any cause of action which could have been the subject
thereof may be litigated in a separate civil action. (1a)
(b) The criminal action for violation of Batas Pambansa Blg. 22 shall be
deemed to include the corresponding civil action. No reservation to file such civil
action separately shall be allowed.
Upon filing of the aforesaid joint criminal and civil actions, the offended party shall
pay in full the filing fees based on the amount of the check involved, which shall be
considered as the actual damages claimed. Where the complaint or information also
seeks to recover liquidated, moral, nominal, temperate or exemplary damages, the
offended party shall pay additional filing fees based on the amounts alleged therein.
If the amounts are not so alleged but any of these damages are subsequently
awarded by the court, the filing fees based on the amount awarded shall constitute
a first lien on the judgment.
Where the civil action has been filed separately and trial thereof has not yet
commenced, it may be consolidated with the criminal action upon application with
the court trying the latter case. If the application is granted, the trial of both actions
shall proceed in accordance with section 2 of this Rule governing consolidation of
the civil and criminal actions. (cir. 57-97)
A single act or omission that causes damage to an offended party may give rise to
two separate civil liabilities on the part of the offender:
1) Civil liability ex delicto – civil liability arising from the criminal offense
under Art. 100 of the RPC. It is based on the acts or omissions that
constitute the criminal offense; hence it is inherently intertwined.
2) Independent Civil Liability – civil liability that may be pursued
independently of the criminal proceedings. May be based on an obligation
not arising from the act complained of as a felony.
Note: Only the civil liability of the accused arising from the crime charged is
deemed included in a criminal action.
! Civil actions referred to in Articles 32, 33, 34 and 2176 of the Civil Code
shall remain “separate, distinct and independent” of any criminal
prosecution which may be based on the same act.
GR: When a criminal action is instituted, the civil action for the recovery of the civil
liability arising from the offense charged shall be deemed instituted with the
criminal action.
BASIS: Every person criminally liable for a felony is also civilly liable. (Art. 100,
RPC)
REASON: To avoid multiplicity of suits.
XPN: Unless the offended party:
a) Waives the civil action;
b) Reserves the right to institute it separately; or
c) Institutes the civil action prior to the criminal action
PURPOSE OF CRIMINAL PURPOSE OF CIVIL ACTION
ACTION
(1) Punish the offender; (1) Restitution
(2) Isolate him from society; (2) Reparation
(3) Reform and rehabilitate (3) Indemnification of
him; consequential damages
(4) Maintain social order
RESTITUTION – refers to the act wherein the thing itself shall be restored, even
though it be found in the possession of a third person who acquired it by lawful
means, saving to the latter his action against the proper person who may be liable
to him.
REPARATION – refers to the act of repairing something where the court determines
the amount of damage, taking into consideration the price of the thing, whenever
possible, and its special sentimental value to the injured party.
INDEMINIFATION – is the act of compensating for harm or loss which includes not
only those caused the injured party but also those suffered by his family or by a
third person by reason of the crime.
Q: Who are the real parties-in-interest in the civil aspect of the case?
A: Offended party and the accused.
REAL PARTY-IN-INTEREST – one who stands to be benefitted or injured by the
judgment of the case.
RESERVATION
Q: When shall reservation of the civil action be made?
A: Before the prosecution starts presenting its evidence. The reservation is to be
made under circumstances that would afford the offended party a reasonable
opportunity to make such reservation.
RULES ON FILING FEES
NOTE: Filing fees apply when damages are being claimed by the offended party.
(1) There are no filing fees for actual damages claimed even if specified unless
required by the Rules.
EXAMPLES:
(a) In BP 22 cases, the filing fees shall be paid based on the amount of the
check and shall be paid in full.
(b) In estafa cases, the filing of fees shall be paid based on the amount
involved.
(2) Filing fees shall be paid by the offended party upon the filing of the criminal
action in court where he seeks for the enforcement of the civil liability of the
accused by way of moral, nominal, temperate or exemplary damages but other
than actual damages.
The filing fees based on the amount awarded shall constitute a first lien on the
judgment awarding such damages.
LIEN (CLAIM) – is a right given to another by the owner of the property to secure a
debt.
COUNTERCLAIM, CROSS-CLAIM, THIRD-PARTY CLAIM
GR: A court cannot entertain counterclaim, cross-claims and third-party
complaints in the criminal action.
REASON: A criminal case is NOT the proper proceedings to determine the private
complainant’s civil liability.
xxx
BP 22 CASES
GR: There is no reservation of the civil action in BP 22 cases.
REASON: To declog and expedite the case.
XPN: When the civil case is filed ahead of the criminal case.
Section 2. When separate civil action is suspended. — After the criminal action has been
commenced, the separate civil action arising therefrom cannot be instituted until final
judgment has been entered in the criminal action.
If the criminal action is filed after the said civil action has already been instituted, the latter shall
be suspended in whatever stage it may be found before judgment on the merits. The
suspension shall last until final judgment is rendered in the criminal action. Nevertheless, before
judgment on the merits is rendered in the civil action, the same may, upon motion of the
offended party, be consolidated with the criminal action in the court trying the criminal action.
In case of consolidation, the evidence already adduced in the civil action shall be deemed
automatically reproduced in the criminal action without prejudice to the right of the
prosecution to cross-examine the witnesses presented by the offended party in the criminal
case and of the parties to present additional evidence. The consolidated criminal and civil
actions shall be tried and decided jointly.
During the pendency of the criminal action, the running of the period of prescription of the civil
action which cannot be instituted separately or whose proceeding has been suspended shall be
tolled. (n)
The extinction of the penal action does not carry with it extinction of the civil action. However,
the civil action based on delict shall be deemed extinguished if there is a finding in a final
judgment in the criminal action that the act or omission from which the civil liability may arise
did not exist.
NOTE: This rule indicates that preference is given to the resolution of the criminal
action.
Q: When shall the civil action be suspended?
A: After the criminal action has been commenced.
CONSOLIDATION
GR: Civil action will be suspended until final judgment of the criminal action.
REASON: Preference of criminal action over civil action
RESULT: Delay in the civil action
REMEDY: Consolidation of the civil and criminal action (Motion for consolidation)
RESULT: Civil and criminal actions will be tried and decided jointly.
NOTE: When there is no consolidation and the civil action is suspended, the
running period of the civil action shall be tolled during the pendency of the criminal
action.
 xxx
Q: When is reservation not required and hence the civil action is not suspended?
A: When the act constituting a crime is at the same time a violation of Articles 32,
33, 34 and 2176 of the Civil Code.
xxx
NOTE: The extinction of the penal action does not carry with it the extinction of the
civil action.
REASON: The mode of extinguishment of civil actions is different from that of the
criminal actions.
Section 3. When civil action may proceed independently. — In the cases
provided for in Articles 32, 33, 34 and 2176 of the Civil Code of the Philippines,
the independent civil action may be brought by the offended party. It shall
proceed independently of the criminal action and shall require only a
preponderance of evidence. In no case, however, may the offended party recover
damages twice for the same act or omission charged in the criminal action.
Civil actions referred to in Articles 32, 33, 34, and 2176 of the Civil Code shall
remain separate, distinct and independent of any criminal prosecution which may
be based on the same act.
The civil actions arising from these articles do NOT arise from the acts or omissions
constituting a felony, hence, are not impliedly instituted with the criminal action.
SOURCES OF OBLIGATIONS BY DIRECT PROVISION OF LAW
Article 32. Any public officer or employee, or any private individual, who directly or
indirectly obstructs, defeats, violates or in any manner impedes or impairs any of
the following rights and liberties of another person shall be liable to the latter for
damages:
(1) Freedom of religion;
(2) Freedom of speech;
(3) Freedom to write for the press or to maintain a periodical publication;
(4) Freedom from arbitrary or illegal detention;
(5) Freedom of suffrage;
(6) The right against deprivation of property without due process of law;
(7) The right to a just compensation when private property is taken for public use;
(8) The right to the equal protection of the laws;
(9) The right to be secure in one's person, house, papers, and effects against
unreasonable searches and seizures;
(10) The liberty of abode and of changing the same;
(11) The privacy of communication and correspondence;
(12) The right to become a member of associations or societies for purposes not
contrary to law;
(13) The right to take part in a peaceable assembly to petition the Government for
redress of grievances;
(14) The right to be a free from involuntary servitude in any form;
(15) The right of the accused against excessive bail;
(16) The right of the accused to be heard by himself and counsel, to be informed of
the nature and cause of the accusation against him, to have a speedy and public
trial, to meet the witnesses face to face, and to have compulsory process to secure
the attendance of witness in his behalf;
(17) Freedom from being compelled to be a witness against one's self, or from being
forced to confess guilt, or from being induced by a promise of immunity or reward
to make such confession, except when the person confessing becomes a State
witness;
(18) Freedom from excessive fines, or cruel and unusual punishment, unless the
same is imposed or inflicted in accordance with a statute which has not been
judicially declared unconstitutional; and
(19) Freedom of access to the courts.
In any of the cases referred to in this article, whether or not the defendant's act or
omission constitutes a criminal offense, the aggrieved party has a right to
commence an entirely separate and distinct civil action for damages, and for other
relief. Such civil action shall proceed independently of any criminal prosecution (if
the latter be instituted), and may be proved by a preponderance of evidence.
The indemnity shall include moral damages. Exemplary damages may also be
adjudicated.
The responsibility herein set forth is not demandable from a judge unless his act or
omission constitutes a violation of the Penal Code or other penal statute.
Article 33. In cases of defamation, fraud, and physical injuries a civil action for
damages, entirely separate and distinct from the criminal action, may be brought
by the injured party. Such civil action shall proceed independently of the criminal
prosecution, and shall require only a preponderance of evidence.
Article 34. When a member of a city or municipal police force refuses or fails to
render aid or protection to any person in case of danger to life or property, such
peace officer shall be primarily liable for damages, and the city or municipality shall
be subsidiarily responsible therefor. The civil action herein recognized shall be
independent of any criminal proceedings, and a preponderance of evidence shall
suffice to support such action.
QUASI-DELICT
Article 2176. Whoever by act or omission causes damage to another, there being
fault or negligence, is obliged to pay for the damage done. Such fault or negligence,
if there is no pre-existing contractual relation between the parties, is called a quasi-
delict and is governed by the provisions of this Chapter.
EXAMPLE: The driver of a common carrier, by his negligent, cause serious injuries
to a pedestrian. The driver is not only civilly liable as a result of the felonious act
but is likewise liable under a quasi-delict or culpa aquiliana pursuant to Article
2176 of the Civil Code.
 AFTER arraignment and BEFORE arraignment
DURING the pendency of the
DOUBLE RECOVERY criminal action
The civil liability of the The case shall be dismissed.
NOTE: What the law prohibits is double recovery. accused arising from the
crime is extinguished.
Section 3. In no case, however, may the offended party recover damages twice for
the same act or omission charged in the criminal action.
The independent civil actions The offended party ay file the
may be continued against the proper civil action against the
Article 2177. Responsibility for fault or negligence under the preceding article is
estate or legal representative estate of the deceased.
entirely separate and distinct from the civil liability arising from negligence under
of the accused after proper
the Penal Code. But the plaintiff cannot recover damages twice for the same act or
substitution or against the
omission of the defendant.
estate as the case may be.

xxx
NOTE: The death of the accused during the pendency of his appeal with the SC
totally extinguished his criminal liability. Such extinction is based on Article 89 of
NOTE: Article 31 of the Civil Code and Sec. 3, Rule 111 of the Rules of Court both the RPC
support the conclusion that the civil actions based on Articles 32, 33, 34 and 2176
of the Civil Code are NOT suspended by the commencement of the criminal action
because they may proceed independently of the criminal proceedings. Art. 89. How criminal liability is totally extinguished. — Criminal liability is totally
extinguished:
1. By the death of the convict, as to the personal penalties and as to pecuniary
Article 31. When the civil action is based on an obligation not arising from the act
penalties, liability therefor is extinguished only when the death of the offender
or omission complained of as a felony, such civil action may proceed independently
occurs before final judgment.
of the criminal proceedings and regardless of the result of the latter.
2. By service of the sentence;
3. By amnesty, which completely extinguishes the penalty and all its effects;
4. By absolute pardon;
Section 4. Effect of death on civil actions. — The death of the accused after
5. By prescription of the crime;
arraignment and during the pendency of the criminal action shall extinguish the
6. By prescription of the penalty;
civil liability arising from the delict. However, the independent civil action
7. By the marriage of the offended woman, as provided in Article 344 of this Code.
instituted under section 3 of this Rule or which thereafter is instituted to enforce
liability arising from other sources of obligation may be continued against the
NOTE: In case of acquittal, the accused may still be adjudged civilly liable.
estate or legal representative of the accused after proper substitution or against
said estate, as the case may be. The heirs of the accused may be substituted for
the deceased without requiring the appointment of an executor or administrator REASON: Liability under civil actions can be determined based on mere
and the court may appoint a guardian ad litem for the minor heirs. preponderance of evidence.

The court shall forthwith order said legal representative or representatives to
appear and be substituted within a period of thirty (30) days from notice.
A final judgment entered in favor of the offended party shall be enforced in the
manner especially provided in these rules for prosecuting claims against the estate
of the deceased.
NOTE: Payment of civil liability does not extinguish criminal liability.
Section 5. Judgment in civil action not a bar. — A final judgment rendered in a
civil action absolving the defendant from civil liability is not a bar to a criminal
action against the defendant for the same act or omission subject of the civil action.

If the accused dies before arraignment, the case shall be dismissed without
prejudice to any civil action the offended party may file against the estate of the A final judgment rendered in the civil case absolving the defendant from civil
deceased. liability is not a bar to a criminal action against the defendant for the same act or
omission subject of the civil action.

Section 6. Suspension by reason of prejudicial question. — A petition for
suspension of the criminal action based upon the pendency of a prejudicial
question in a civil action may be filed in the office of the prosecutor or the court
conducting the preliminary investigation. When the criminal action has been filed
in court for trial, the petition to suspend shall be filed in the same criminal action
at any time before the prosecution rests.
PREJUDICIAL QUESTION – is an issue involved in a civil case which is similar or
intimately related to the issue raised in the criminal action, the resolution of which
determines whether or not the criminal action may proceed.
NOTE: The civil action must be previously instituted.
PURPOSE: To avoid conflicting decisions in the civil case and in the criminal case.
ACTION: Petition for suspension of the criminal action based upon the pendency of
a prejudicial question in a civil action.
NOTE: There is no motu proprio suspension of the criminal action.
GR: Civil action shall be suspended when the criminal action is instituted. (Sec. 2)
XPN: If the civil case imposes a prejudicial question, the criminal action may be
suspended upon a petition.
Q: Where to file the petition for suspension?
A: Office of the prosecutor or the court conducting the PI.
Section 7. Elements of prejudicial question. — The elements of a prejudicial
question are: (a) the previously instituted civil action involves an issue similar or
intimately related to the issue raised in the subsequent criminal action, and (b) the
resolution of such issue determines whether or not the criminal action may
proceed.
ELEMENTS:
(1) The previously instituted civil action involves an issue similar or intimately
related to the issue raised in the subsequent criminal action; and
(2) The resolution of such issue determines whether or not the criminal action may
proceed.
WHERE PREJUDICIAL QUESTION DOES NOT APPLY:
(1) Both cases are civil, criminal or administrative;
(2) Administrative and civil case;
(3) Administrative and criminal case.
NOTES:
(1) The issue that leads to a prejudicial question is one that arises in the civil case
and not in the criminal case.
(2) If the resolution of the issue in the civil action will not determine the criminal
responsibility of the accused in the criminal action based on the same facts,
the civil case does not involve a prejudicial question.
ILLUSTRATIONS:
(1) Civil case – breach of contract
Criminal case – estafa
Here, the civil case of whether or not there is a breach of contract must first be
resolved to determine if there is indeed estafa.
(2) Civil case – annulment based on psychological incapacity
Criminal case – Parricide
Here, the issue in the annulment of marriage is NOT similar or intimately related to
the issue in the criminal case for parricide. The subsequent dissolution of their
marriage, in case the petition in the civil case is granted, will have no effect on the
alleged crime that was committed at the time of the subsistence of the marriage.
Even if the marriage between petitioner and respondent is annulled, petitioner
could still be held criminally liable since at the time of the commission of the
alleged crime, he was still married to respondent. (Pimentel v. Pimentel)
CASE ILLUSTRATION:
Bill, manager of SNL corporation, filed a complaint for two counts of estafa against
Barry, alleging that Barry, despite repeated demands, refused to return the two
company vehicles entrusted to him when he was still the president of the
corporation.
Barry avers that the demands are not valid because Bill does not have the authority
to act for the corporation in view of the invalidity of his appointment. Still, the
investigating prosecutor recommended his indictment and he was charged with the
crime of estafa.
Barry filed a motion to suspend the proceedings on the basis of a prejudicial
question because of the then pending case with the RTC of a case involving the
same parties. It appears that earlier, Barry filed a case for the declaration of nullity
of the respective appointment of Bill as corporate officers.
ISSUE: Whether or not a prejudicial question exists to warrant the suspension of
the criminal proceedings pending the resolution of the intra-corporate controversy
in the RTC.
RULING: YES. The issue raised in the intra-corporate dispute (civil case) will
determine the guilt or innocence of Barry in the crime of estafa filed against him by
Bill. What is being challenged is Bill’s authority to act for the corporation. If the
supposed authority of Bill is found to be defective, it is as if no demand was ever
made against Barry, hence, the prosecution for estafa cannot prosper. (Omictin v.
CA)

RULE 112
Preliminary Investigation
Section 1. Preliminary investigation defined; when required. — Preliminary
investigation is an inquiry or proceeding to determine whether there is sufficient
ground to engender a well-founded belief that a crime has been committed and the
respondent is probably guilty thereof, and should be held for trial.
Except as provided in section 7 of this Rule, a preliminary investigation is required
to be conducted before the filing of a complaint or information for an offense where
the penalty prescribed by law is at least four (4) years, two (2) months and one (1)
day without regard to the fine.
NATURE OF PRELIMINARY INVESTIGATION: Inquiry or Proceeding
2 PURPOSES OF PRELIMINARY INVESTIGATION: (1) to determine whether there
is sufficient ground to engender a well-founded belief that a crime has been
committed and (2) the respondent is probably guilty thereof.
ULTIMATE PURPOSE: to secure the innocent against hasty, malicious and
oppressive prosecution and to protect him from an open and public accusation of a
crime, from the trouble, expenses and anxiety of a public trial, and also to protect
the State from useless and expensive prosecutions.
• Preliminary investigation is not the occasion for the full and exhaustive display
of the parties’ evidence.
• It is merely inquisitorial.
• It is often the only means of discovering the persons who may be reasonably
charged with a crime and to enable the prosecutor to prepare his complaint or
information.
• It is not required by the Constitution nor it is among those rights guaranteed in
the Bill of Rights.
• It is of a statutory character, and when so granted by statute, it becomes a
component of due process and thus becomes a substantive right rather than a
mere technical or formal right.
• Decisions of the Court do NOT consider it a quasi-judicial proceeding, but the
Court had the occasion to describe a prosecutor as a “quasi-judicial officer.
• Though in some cases, the prosecutor’s power to conduct preliminary
investigation is described as quasi-judicial in nature, that is true only to the
extent that, like quasi-judicial bodies, the prosecutor is an officer of the
Executive Department exercising powers akin to those of the court, and the
similarity ends at this point.
• The absence of PI does NOT affect the court’s jurisdiction over the case nor
does it impair the validity of the information or render it defective.
• The absence of PI is NOT a ground for a motion to quash under Sec. 3 of Rule
117.
• Right to PI may be WAIVED for failure to invoke the right prior to or at the time
of the plea.
PRELIMINARY INVESTIGATION PRELIMINARY EXAMINATION
Conducted by the prosecutor to Conducted by the judge to determine
ascertain whether the alleged offended probable cause for the issuance of a
should be held for trial. warrant of arrest; a judicial function.
Executive in nature Judicial in nature
PROBABLE CAUSE – is the existence of such facts and circumstances as would
lead a person of ordinary caution and prudence to entertain an honest and strong
suspicion that the person charged is guilty of the crime subject of the investigation.
PROBABLE CAUSE (for purposes of filing a criminal information) – are facts
sufficient to engender a well-founded belief that a crime has been committed and
that respondents are probably guilty thereof.
• It implies probability of guilt and requires more than bare suspicion but less
than evidence to justify a conviction.
• Being based merely on opinion and reasonable belief, it does not import
absolute certainty.
• The determination of probable cause during a preliminary investigation or
reinvestigation is recognized as an executive function exclusively of the
prosecutor.
• Since discretion is involved in the determination of probable cause, mandamus
as described in Rule 65, will not, as a rule, compel the filing of a complaint or
information.
KINDS OF DETERMINATION OF PROBABLE CAUSE
(1) EXECUTIVE DETERMINATION OF PROBABLE CAUSE – is one made during
preliminary investigation. The prosecutor has the quasi-judicial authority to
determine whether or not a criminal case must be filed in court.
(2) JUDICIAL DETERMINATION OF PROBABLE CAUSE – is one made by the
judge to ascertain whether a warrant of arrest should be issued against the
accused.
• The judge should NOT override the prosecutor’s determination of probable
cause. It must be stressed that the public prosecutor exercises a wide latitude
of discretion in determining whether a criminal case should be filed in court,
and that court must respect such exercise of discretion.
WHEN PRELIMINARY INVESTIGATION IS REQUIRED: Before the filing of a
complaint or information for an offense where the law prescribes the penalty of AT
LEAST 4 years, 2 months and 1 day without regard to the fine.
Section 2. Officers authorized to conduct preliminary investigations. —
The following may conduct preliminary investigations:
(a) Provincial or City Prosecutors and their assistants;
(b) Judges of the Municipal Trial Courts and Municipal Circuit Trial Courts;
(c) National and Regional State Prosecutors; and
(d) Other officers as may be authorized by law.
Their authority to conduct preliminary investigations shall include all crimes
cognizable by the proper court in their respective territorial jurisdictions. (2a)
OTHERS AUTHORIZED TO CONDUCT A PRELIMINARY INVESTIGATION:
(1) COMELEC - through its duty authorized legal officers, has the power,
concurrent with the other prosecuting arms of the governments, to
conduct preliminary investigation of all election offenses punishable under
Omnibus Election Code and to prosecute the same. (Sec. 265, BP 881,
Omnibus Election Code, as amended by RA 9369, Sec. 43)
(2) Office of the Ombudsman – has the authority to 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. It has primary
jurisdiction over cases cognizable by the Sandiganbayan and it may take
over at any stage, from any investigatory agency of the government, the
investigation of such cases.
(3) Presidential Commission on Good Governance – with the assistance of
the OSG and other governmental agencies is empowered to investigate, file
and prosecute cases investigated by it.
Section 3. Procedure. — The preliminary investigation shall be conducted in the
following manner:
(a) The complaint shall state the address of the respondent and shall be
accompanied by the affidavits of the complainant and his witnesses, as well as
other supporting documents to establish probable cause. They shall be in such
number of copies as there are respondents, plus two (2) copies for the official file.
The affidavits shall be subscribed and sworn to before any prosecutor or
government official authorized to administer oath, or, in their absence or
unavailability, before a notary public, each of who must certify that he personally
examined the affiants and that he is satisfied that they voluntarily executed and
understood their affidavits.
(b) Within ten (10) days after the filing of the complaint, the investigating officer
shall either dismiss it if he finds no ground to continue with the investigation, or
issue a subpoena to the respondent attaching to it a copy of the complaint and its
supporting affidavits and documents.
The respondent shall have the right to examine the evidence submitted by the
complainant which he may not have been furnished and to copy them at his
expense. If the evidence is voluminous, the complainant may be required to specify
those which he intends to present against the respondent, and these shall be
made available for examination or copying by the respondent at his expense.
Objects as evidence need not be furnished a party but shall be made available for
examination, copying, or photographing at the expense of the requesting party.
(c) Within ten (10) days from receipt of the subpoena with the complaint and
supporting affidavits and documents, the respondent shall submit his counter-
affidavit and that of his witnesses and other supporting documents relied upon for
his defense. The counter-affidavits shall be subscribed and sworn to and certified
as provided in paragraph (a) of this section, with copies thereof furnished by him
to the complainant. The respondent shall not be allowed to file a motion to dismiss
in lieu of a counter-affidavit.
(d) If the respondent cannot be subpoenaed, or if subpoenaed, does not submit
counter-affidavits within the ten (10) day period, the investigating officer shall
resolve the complaint based on the evidence presented by the complainant.
(e) The investigating officer may set a hearing if there are facts and issues to be
clarified from a party or a witness. The parties can be present at the hearing but
without the right to examine or cross-examine. They may, however, submit to the
investigating officer questions which may be asked to the party or witness
concerned.
The hearing shall be held within ten (10) days from submission of the counter-
affidavits and other documents or from the expiration of the period for their
submission. It shall be terminated within five (5) days.
(f) Within ten (10) days after the investigation, the investigating officer shall
determine whether or not there is sufficient ground to hold the respondent for
trial.
• The procedure for PI must be STRICTLY followed.
• It is the filing of the complaint with the investigating prosecutor that starts the
PI process.
• The complaint is normally initiated through an affidavit of complaint.
• The complaint is required to state the address of the respondents and shall be
accompanied by:
o Affidavits of complainant;
o Affidavits of witnesses;
o Other supporting documents.
• These affidavits are required to establish probable cause.
• The number of copies must be in such number as there are respondents plus 2 provincial or city prosecutor or chief state prosecutor, or to the Ombudsman or his
for the official file. deputy in cases of offenses cognizable by the Sandiganbayan in the exercise of its
• The complaint filed for the purpose of PI differs from the complaint filed for the original jurisdiction. They shall act on the resolution within ten (10) days from their
purpose of instituting a criminal prosecution under Rule 110 which is in the receipt thereof and shall immediately inform the parties of such action.
name of the People of the Philippines.
• Hierarchy to whom the affidavits may be subscribed and sworn to: No complaint or information may be filed or dismissed by an investigating prosecutor
o Any prosecutor without the prior written authority or approval of the provincial or city prosecutor or
o Government official authorized to administer oaths. chief state prosecutor or the Ombudsman or his deputy.
o Notary Public, if prosecutor or government official is absent or
unavailable. Where the investigating prosecutor recommends the dismissal of the complaint but
his recommendation is disapproved by the provincial or city prosecutor or chief state
prosecutor or the Ombudsman or his deputy on the ground that a probable cause
PROCEDURE OF PRELIMINARY INVESTIGATION: exists, the latter may, by himself, file the information against the respondent, or
direct any other assistant prosecutor or state prosecutor to do so without conducting
(1) File a complaint. another preliminary investigation.
(2) Within 10 days from filing of complaint, prosecutor either (1) dismiss or (2)
issue subpoena. If upon petition by a proper party under such rules as the Department of Justice
(3) Within 10 days from receipt of subpoena, respondents file a counter-affidavit may prescribe or motu proprio, the Secretary of Justice reverses or modifies the
(must be subscribed and sworn); NO motion to dismiss. resolution of the provincial or city prosecutor or chief state prosecutor, he shall
(4) Complainant may file a Reply-Affidavit. direct the prosecutor concerned either to file the corresponding information without
(5) Respondent may rebut through Rejoinder-Affidavit. conducting another preliminary investigation, or to dismiss or move for dismissal of
(6) If respondent can’t be (1) subpoenaed, or if he (2) didn’t file a counter-affidavit, the complaint or information with notice to the parties. The same rule shall apply in
prosecutor will resolve complaint based on the evidence of complainant. (Ex preliminary investigations conducted by the officers of the Office of the Ombudsman.
parte investigation)
(7) Within 10 days from submission of the counter-affidavit, hearing is set if there
GR: The information shall contain a certification by the investigating officer under
are facts and issues to be clarified. (Clarificatory hearing is NOT indispensable)
oath in which he shall certify to the following:
(8) Within 10 days from the termination of investigation, the prosecutor shall
determine whether or not there is sufficient ground to hold respondent for trial.
a) He has personally examined the complainant and his witnesses;
(9) If there’s sufficient ground, prosecutor prepares both resolution and
b) There is a reasonable ground to believe that a crime has been committed;
information.
c) That the accused is probably guilty thereof;
(10) If there’s NO sufficient ground, prosecutor shall recommend dismissal.
d) That the accused was informed of the complaint and of evidence submitted
PROCEDURE FOR CASES NOT REQUIRING PRELIMINARY INVESTIGATION:
against him;
e) The accused was given an opportunity to submit controverting evidence.
(1) File a complaint directly with the prosecutor.
XPN: The absence of the certification does not render the information invalid
(2) File a complaint or information with the MTC.
because such certification is NOT an essential part of the information itself. What is
not allowed is the filing of the information without a preliminary investigation
Section 4. Resolution of investigating prosecutor and its review. — If the investigating having been previously conducted.
prosecutor finds cause to hold the respondent for trial, he shall prepare the
resolution and information. He shall certify under oath in the information that he, or
• The prosecutor shall forward the record of the case to the provincial or city
as shown by the record, an authorized officer, has personally examined the
prosecutor or chief state prosecutor, or to the Ombudsman or his deputy.
complainant and his witnesses; that there is reasonable ground to believe that a
REASON: No complaint or information may be filed or dismissed without the
crime has been committed and that the accused is probably guilty thereof; that the
prior written authority or approval of the (1) provincial or city prosecutor or (2)
accused was informed of the complaint and of the evidence submitted against him;
chief state prosecutor or (3) the Ombudsman or his deputy.
and that he was given an opportunity to submit controverting evidence. Otherwise,
he shall recommend the dismissal of the complaint. • The resolution of the prosecutor may be reversed or affirmed by the (1)
provincial or city prosecutor or (2) chief state prosecutor or (3) the Ombudsman
or his deputy.
Within five (5) days from his resolution, he shall forward the record of the case to the
• If reversed, the (1) provincial or city prosecutor or (2) chief state prosecutor or APPEAL TO THE OFFICE OF THE PRESIDENT
(3) the Ombudsman or his deputy may, by himself, file the information against
the respondent, or direct another assistant prosecutor or state prosecutor to do CONDITIONS:
so without conducting another preliminary investigation.
• The aggrieved party when the recommendation for dismissal is disapproved by (1) The offense involved is punishable by reclusion perpetua to death;
the the (1) provincial or city prosecutor or (2) chief state prosecutor or (3) the (2) New and material issues are raised;
Ombudsman or his deputy may file a Motion for Reconsideration before the (3) The prescription of the offense is not due to lapse within 6 months from
Office of the Prosecutor within 15 days from receipt of the assailed resolution. notice of the questioned resolution;
Only one MR is allowed. (4) The appeal or petition for review is filed within 30 days from notice.
• If the motion is denied, the aggrieved party may Appeal (via a petition for
review) within 15 days from the denial of MR to the Secretary of Justice.

APPEALS UNDER RULE 43 AND RULE 45

APPEAL TO THE SECRETARY OF JUSTICE

• From the Office of the President, the aggrieved party may file an appeal with
the CA pursuant to Rule 43.
• The Secretary of Justice has the ultimate authority to decide which of the • The party aggrieved by the judgment of CA may avail of an appeal by certiorari
conflicting theories of the complainants and the respondents should be (petition for review on certiorari) to the SC under Rule 45.
believed.
• The Secretary can reverse his subordinates’ (prosecutors) resolution finding SUMMARY:
probable cause against suspects of crimes.
• It is only where the decisions of the Secretary is tainted with GAALEJ that the
(1) Investigating prosecutor issued his Resolution dismissing the complaint for
CA may take cognizance of the case in a petition for certiorari under Rule 65.
lack of probable cause.
• The appeal is made by filing a petition for review with the Office of the
(2) Investigating prosecutor forwards the Resolution to the city or provincial
Secretary, DOJ.
prosecutor or chief of state prosecutor, or the Ombudsman or his deputy.
• Such petition must be verified. It must contain matters which are mandated
(3) If the city or provincial prosecutor or chief of state prosecutor, or the
under Sec. 5 of DO No. 70. Failure to comply shall constitute sufficient ground
Ombudsman or his deputy disapproves the dismissal of the investigating
for dismissal.
prosecutor, he may file an information against the respondent.
• The Secretary of Justice may reverse, affirm or modify the resolution. He may (4) The aggrieved party may file a MR.
also dismiss the petition motu proprio or upon motion on any of the following (5) If MR is denied, the aggrieved party may file an appeal to the Justice Secretary.
grounds: (6) The aggrieved party may appeal to the Office of the President under certain
o Petition for review was filed beyond the period described; conditions.
o Prescribed procedure and requirements under DO No. 70 was not (7) The aggrieved party may appeal to CA pursuant to Rule 43.
complied with; (8) The aggrieved party may appeal to SC pursuant to Rule 45.
o No showing of irreversible error;
o The appealed resolution is interlocutory in nature; SUCCESSION:
o Offense has already prescribed;
o There are other legal and factual grounds that exist to warrant a a) Investigating Prosecutor
dismissal. (Sec. 12, DO No. 70) b) City or Provincial Prosecutor or Chief of State Prosecutor, or the Ombudsman
• The Secretary may also order reinvestigation of the case. or his deputy
• The aggrieved party by the decision of the Secretary may file a MR within a c) Justice Secretary
non-extendible period of 10 days from receipt of resolution. d) Office of the President
e) CA
f) SC
Section 5. Resolution of investigating judge and its review. — Within ten (10) days
after the preliminary investigation, the investigating judge shall transmit the
resolution of the case to the provincial or city prosecutor, or to the Ombudsman or
his deputy in cases of offenses cognizable by the Sandiganbayan in the exercise of
its original jurisdiction, for appropriate action. The resolution shall state the
findings of facts and the law supporting his action, together with the record of the
case which shall include: (a) the warrant, if the arrest is by virtue of a warrant; (b)
the affidavits, counter-affidavits and other supporting evidence of the parties; (c)
the undertaking or bail of the accused and the order for his release; (d) the
transcripts of the proceedings during the preliminary investigation; and (e) the
order of cancellation of his bail bond, if the resolution is for the dismissal of the
complaint.
Within thirty (30) days from receipt of the records, the provincial or city
prosecutor, or the Ombudsman or his deputy, as the case may be, shall review the
resolution of the investigating judge on the existence of probable cause. Their
ruling shall expressly and clearly state the facts and the law on which it is based
and the parties shall be furnished with copies thereof. They shall order the release
of an accused who is detained if no probable cause is found against him. (5a)
• The judge shall personally evaluate the resolution of the prosecutor.
• The judge may find that the evidence
• Fails to establish probable cause (Dismiss)
• Establishes probable cause (Issue a warrant of arrest or commitment
order)
• Engenders a doubt as to the existence of probable cause (Order the
submission of additional evidence within 5 days from notice).
• The issue shall be resolved within 30 days from the filing of complaint or
information.
Section 6. When warrant of arrest may issue. — (a) By the Regional Trial Court. —
Within ten (10) days from the filing of the complaint or information, the judge shall
personally evaluate the resolution of the prosecutor and its supporting evidence.
He may immediately dismiss the case if the evidence on record clearly fails to
establish probable cause. If he finds probable cause, he shall issue a warrant of
arrest, or a commitment order if the accused has already been arrested pursuant
to a warrant issued by the judge who conducted the preliminary investigation or
when the complaint or information was filed pursuant to section 7 of this Rule. In
case of doubt on the existence of probable cause, the judge may order the
prosecutor to present additional evidence within five (5) days from notice and the
issue must be resolved by the court within thirty (30) days from the filing of the
complaint of information.
(b) By the Municipal Trial Court. — When required pursuant to the second
paragraph of section 1 of this Rule, the preliminary investigation of cases falling
under the original jurisdiction of the Metropolitan Trial Court, Municipal Trial
Court in Cities, Municipal Trial Court, or Municipal Circuit Trial Court may be
conducted by either the judge or the prosecutor. When conducted by the
prosecutor, the procedure for the issuance of a warrant or arrest by the judge
shall be governed by paragraph (a) of this section. When the investigation is
conducted by the judge himself, he shall follow the procedure provided in section 3
of this Rule. If the findings and recommendations are affirmed by the provincial or
city prosecutor, or by the Ombudsman or his deputy, and the corresponding
information is filed, he shall issue a warrant of arrest. However, without waiting
for the conclusion of the investigation, the judge may issue a warrant of arrest if
he finds after an examination in writing and under oath of the complainant and
his witnesses in the form of searching question and answers, that a probable
cause exists and that there is a necessity of placing the respondent under
immediate custody in order not to frustrate the ends of justice.
(c) When warrant of arrest not necessary. — A warrant of arrest shall not issue if
the accused is already under detention pursuant to a warrant issued by the
municipal trial court in accordance with paragraph (b) of this section, or if the
complaint or information was filed pursuant to section 7 of this Rule or is for an
offense penalized by fine only. The court shall then proceed in the exercise of its
original jurisdiction. (6a)
WHEN WARRANT OF ARREST IS NOT NECESSARY
(1) When a complaint or information has already been filed pursuant to a lawful
warrantless arrest;
(2) If the accused is already under detention and was lawfully arrested without a
warrant and a complaint or information has been filed;
(3) When a warrant has already been issued by the MTC judge;
(4) When the accused is charged of an offense punishable only by fine;
(5) When the case is subject to the Rules on Summary Procedure.
• It is within the discretion of the judge to issue a warrant of arrest of an accused
in a criminal case.
• He may dismiss if the evidence shows no probable cause.
• If he finds probable cause, then he is mandated by law to issue a warrant.
• The judge’s power to order the arrest of the accused is limited to instances in
which there is a necessity for placing him in custody “in order not to frustrate
the ends of justice.”
• The arrest of the accused can be ordered only in the even that the prosecutor
filed the case and the judge of the RTC finds probable cause for the issuance of
the warrant of arrest.
• Once a criminal complaint or information is filed in court, any disposition of
the case or dismissal or acquittal or conviction of the accused rests within the
exclusive jurisdiction, competence and discretion of the trial court.
• Although the prosecutor retains the discretion and control of the prosecution of
criminal cases even while the case is already in court, he cannot impose his
opinion on the trial court.
Section 7. When accused lawfully arrested without warrant. — When a person is
lawfully arrested without a warrant involving an offense which requires a
preliminary investigation, the complaint or information may be filed by a
prosecutor without need of such investigation provided an inquest has been
conducted in accordance with existing rules. In the absence or unavailability of an
inquest prosecutor, the complaint may be filed by the offended party or a peace
office directly with the proper court on the basis of the affidavit of the offended
party or arresting officer or person.
Before the complaint or information is filed, the person arrested may ask for a
preliminary investigation in accordance with this Rule, but he must sign a waiver
of the provisions of Article 125 of the Revised Penal Code, as amended, in the
presence of his counsel. Notwithstanding the waiver, he may apply for bail and the
investigation must be terminated within fifteen (15) days from its inception.
After the filing of the complaint or information in court without a preliminary
investigation, the accused may, within five (5) days from the time he learns of its
filing, ask for a preliminary investigation with the same right to adduce evidence in
his defense as provided in this Rule. (7a; sec. 2, R.A. No. 7438)
• If a person is arrested lawfully without a warrant involving an offense which
requires a preliminary investigation, an information or complaint may be filed
against him without need for a preliminary investigation.
• EG. A person is arrested by a police in flagrante delicto while robbing a victim
through violence or intimidation. Such arrest is a lawful one and a PI is not
required even if robbery is penalized for more than 4 years, 2 months and 1
day.
• A person arrested lawfully may ask for a preliminary investigation before the
complaint or information is filed, BUT he must sign a waiver of the provisions
of Article 125 of RPC in the presence of his counsel.
• Such waiver must be (1) in writing and (2) signed by the person (3) in the
presence of his counsel. Otherwise, such waiver is null and void.
• The waiver does NOT preclude the accused from applying for bail.
• However, the bail must be applied for and issued by the court in the province,
city or municipality where the person arrested is held.
• EG. A is arrested lawfully without warrant for carnapping and detained in
Quezon City. He asked for a PI and signed a waiver. The judge of Marikina
approved the bail bond. This is wrong.
Art. 125. Delay in the delivery of detained persons to the proper judicial authorities.
— The penalties provided in the next preceding article shall be imposed upon the
public officer or employee who shall detain any person for some legal ground and
shall fail to deliver such person to the proper judicial authorities within the period of;
twelve (12) hours, for crimes or offenses punishable by light penalties, or their
equivalent; eighteen (18) hours, for crimes or offenses punishable by correctional
penalties, or their equivalent and thirty-six (36) hours, for crimes, or offenses
punishable by afflictive or capital penalties, or their equivalent.
In every case, the person detained shall be informed of the cause of his detention and
shall be allowed upon his request, to communicate and confer at any time with his
attorney or counsel.
INQUEST PROCEEDINGS
INQUEST PROCEEDINGS – is an investigation conducted by a prosecutor (referred
to as Inquest Officer) in criminal cases where a person has been lawfully arrested
and detained without a warrant of arrest.
• It is informal and summary.
• Its purpose is to determine whether or not the person detained should remain
under custody and then charged in court.
• It applies when a person is lawfully arrested without a warrant involving an
offense which requires a preliminary investigation.
• It is a summary investigation which does not follow the procedures for a
preliminary investigation.
• It shall be deemed commenced from the time the Inquest Officer receives the
complaint and referral documents from the law enforcement authorities.
• The documents include:
a. Affidavit of arrest;
b. Investigation report;
c. Statements of the complainant and the witnesses;
d. Other supporting evidence.
• The detained person should be present during the inquest proceedings unless
reasons exist which would excuse him (eg. confinement, detention requiring
maximum security, his presence is not feasible by reason of age, health etc.)
• The inquest must pertain to the offense for which the arrest was made.
POSSIBLE OPTIONS OF THE INQUEST PROSECUTOR
(1) If the arrest is not made in accordance with the Rules, the Inquest Officer shall
recommend the release of the detainee instead.
• When the recommendation is approved by the City or the Provincial
Prosecutor, the order of release shall be served on the person having
custody of said detainee so the latter may be released.
(2) If the arrest was properly effected, the inquest shall proceed but the Inquest
Officer shall first ask the detained person if he desires to avail himself of a
preliminary investigation. If he does, he shall execute the waiver.
• If the Inquest Officer finds that probable cause exists, he shall prepare
the Information with the recommendation that the same shall be filed
in court.
• If no probable cause exists, the Inquest Officer shall recommend the
release of the detained person.
Section 8. Records. — (a) Records supporting the information or complaint. — An
information or complaint filed in court shall be supported by the affidavits and
counter-affidavits of the parties and their witnesses, together with the other
supporting evidence and the resolution on the case.
(b) Record of preliminary investigation. — The record of the preliminary
investigation, whether conducted by a judge or a fiscal, shall not form part of the
record of the case. However, the court, on its own initiative or on motion of any
party, may order the production of the record or any its part when necessary in
the resolution of the case or any incident therein, or when it is to be introduced as
an evidence in the case by the requesting party.
• Not only is the complaint or information filed in court but also affidavits and
counter-affidavits of the parties and their witnesses, together with the other
supporting evidence and the resolution on the case.
• The record of the preliminary investigation shall NOT form part of the record of
the case.
Section 9. Cases not requiring a preliminary investigation nor covered by the Rule
on Summary Procedure. —
(a) If filed with the prosecutor. — If the complaint is filed directly with the
prosecutor involving an offense punishable by imprisonment of less four (4)
years, two (2) months and one (1) day, the procedure outlined in section 3(a) of
this Rule shall be observed. The prosecutor shall act on the complaint based
on the affidavits and other supporting documents submitted by the
complainant within ten (10) days from its filing.
DIRECT FILING WITH THE PROSECUTOR: Sec 3(a) of Rule 112 shall be observed.
The complaint shall comply with the following:
(1)
Address of the respondent;
(2)
Affidavit of the complainant;
(3)
Affidavit of the complainant’s witnesses;
(4)
Other supporting documents;
(5)
Appropriate number of copies of the affidavits as there are
respondents, plus 2 more for the official file;
(6) Affidavits shall be subscribed and sworn to before any (1) Prosecutor
or (2) Government Official authorized to administer oaths, or if
unavailable, before a (3) Notary Public.
DIRECT FILING WITH THE MTC: Sec 3(a) of Rule 112 shall be observed.
• If the judge finds no probable cause – DISMISS.
• Before dismissal, the judge must personally evaluate the evidence or
personally examine in writing and under oath the complainant and his
witnesses in the form of searching questions and answers.
• The judge may require the submission of additional evidence within 10
days from notice.

(b) If filed with the Municipal Trial Court. — If the complaint or information is
filed directly with the Municipal Trial Court or Municipal Circuit Trial Court for
an offense covered by this section, the procedure in section 3(a) of this Rule
shall be observed. If within ten (10) days after the filing of the complaint or
information, the judge finds no probable cause after personally evaluating the
evidence, or after personally examining in writing and under oath the
complainant and his witnesses in the form of searching question and answers,
he shall dismiss the same. He may, however, require the submission of
additional evidence, within ten (10) days from notice, to determine further the
existence of probable cause. If the judge still finds no probable cause despite
the additional evidence, he shall, within ten (10) days from its submission or
expiration of said period, dismiss the case. When he finds probable cause, he
shall issue a warrant of arrest, or a commitment order if the accused had
already been arrested, and hold him for trial. However, if the judge is satisfied
that there is no necessity for placing the accused under custody, he may issue
summons instead of a warrant of arrest. (9a)

RULE 113
Arrest
Section 1. Definition of arrest. — Arrest is the taking of a person into custody in
order that he may be bound to answer for the commission of an offense.
PURPOSE: to make him answer for the commission of an offense.
Section 2. Arrest; how made. — An arrest is made by an actual restraint of a
person to be arrested, or by his submission to the custody of the person making the
arrest.
No violence or unnecessary force shall be used in making an arrest. The person
arrested shall not be subject to a greater restraint than is necessary for his
detention.
HOW ARREST IS MADE:
(1) By actual restraint of a person to be arrested
(2) By submission to the authority of the person making the arrest
REQUISITES FOR THE ISSUANCE OF A WARRANT OF ARREST
Under Sec. 2 of Article III (Bill of Rights) of the Constitution:
(1) Upon finding of probable cause
(2) Probably cause is personally determined by the judge
(3) After examination under oath or affirmation of the complainant and the
witnesses
(4) Particularly describing the place to be searched and the persons or things to be
seized
PROBABLE CAUSE – is such set of facts and circumstances as would lead a
reasonably discreet and prudent man to believe that the offense charged in the
Information has been committed by the person sought to be arrested.
• An arrest without a probable cause is an unreasonable seizure of a person, and
violates the privacy of persons which ought not to be intruded by the State.
• The words “personal determination” in the Constitution does not mandatorily
require the judge to personally examine the complainant and the witnesses.
Instead, he may opt to personally evaluate the report and supporting
documents submitted by the prosecutor or he may disregard the prosecutor’s
report and require the submission of supporting affidavits of witnesses.
(Soliven v. Makasiar)
• What the law requires as personal determination on the part of the judge is
that he should not rely solely on the report of the investigating prosecutor.
PRELIMINARY INQUIRY / PRELIMINARY INVESTIGATION
EXAMINATION
Determines the probable cause for the Ascertains whether the offender should
issuance of a warrant of arrest. be held for trial or be released.
Made by the judge Made by the investigating prosecutor.
NO UNNECESSARY VIOLENCE
An underlying rule whenever an arrest is made is that no violence or unnecessary
force shall be used in making an arrest. The person arrested shall not be subject to
a greater restraint than is necessary for his detention.
Section 3. Duty of arresting officer. — It shall be the duty of the officer
executing the warrant to arrest the accused and to deliver him to the nearest
police station or jail without unnecessary delay.
Section 4. Execution of warrant. — The head of the office to whom the warrant
of arrest was delivered for execution shall cause the warrant to be executed
within ten (10) days from its receipt. Within ten (10) days after the expiration of
the period, the officer to whom it was assigned for execution shall make a
report to the judge who issued the warrant. In case of his failure to execute the
warrant, he shall state the reasons therefor.
Section 5. Arrest without warrant; when lawful. — A peace officer or a private
person 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;
(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; and
(c) When the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgment or is temporarily confined
while his case is pending, or has escaped while being transferred from one
confinement to another.
In cases falling under paragraph (a) and (b) above, the person arrested without a
warrant shall be forthwith delivered to the nearest police station or jail and shall be
proceeded against in accordance with section 7 of Rule 112.
GR: A warrant is required in order to validly effect arrest, search and seizure. The
Constitutional prohibition against unreasonable arrests, searches and seizures
refers to those effected without a validly issued warrant.
XPN: Warrantless arrest
INSTANCES WHEN A WARRANTLESS ARREST MAY BE MADE:
(1) IN FLAGRANTE DELICTO – caught in the act of committing a crime.
When, in his presence, the person to be arrested has committed, is actually
committing, or is attempting to commit an offense.
2 REQUISITES:
(1) The person to be arrested must execute an over act that would indicate that he
has committed, is actually committing, or is attempting to commit an offense;
(2) Such overt act is done in the presence or within the view of the arresting
officer.
• Reliable information alone is NOT sufficient to justify a warrantless arrest.
ei. Arrest made after an entrapment.
(2) HOT PURSUIT
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.
2 REQUISITES:
(1) An offense has just been committed;
(2) The person making the arrest has personal knowledge of facts indicating that
the person to be arrested has committed it.
• This exception does NOT require the arresting officers to personally witness the
commission of the offense with their own eyes.
• Personal knowledge of facts must be based on probable cause, which means an
actual belief or reasonable grounds of suspicion.
• The grounds are reasonable when the suspicion is based on actual facts
(supported by circumstances sufficiently strong in themselves to create the
probable cause of guilt of the person to be arrested).
(3) ESCAPEE
When the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgment or is temporarily confined
while his case is pending
(4) WHEN A PERSON PREVIOUSLY LAWFULLY ARRESTED ESCAPES OR IS
RESCUED
Section 13. Arrest after escape or rescue. — If a person lawfully arrested
escapes or is rescued, any person may immediately pursue or retake him without a
warrant at any time and in any place within the Philippines.
WHO MAY MAKE THE WARRANTLESS ARREST:
(1) Peace Officer
(2) Private person (citizen’s arrest)
Section 6. Time of making arrest. — An arrest may be made on any day and at any
time of the day or night.
Section 7. Method of arrest by officer by virtue of warrant. — When making an
arrest by virtue of a warrant, the officer shall inform the person to be arrested of
the cause of the arrest and of the fact that a warrant has been issued for his arrest,
except when he flees or forcibly resists before the officer has opportunity to so
inform him, or when the giving of such information will imperil the arrest. The
officer need not have the warrant in his possession at the time of the arrest but
after the arrest, if the person arrested so requires, the warrant shall be shown to
him as soon as practicable.
METHOD OF ARREST WITH WARRANT; WARRANT NEED NOT BE IN
POSSESSION OF THE OFFICER
The officer shall:
(a) Inform the person to be arrested of the cause of his arrest
(b) Inform him of the fact that a warrant has been issued for his arrest
The information need not be made when:
(a) The person to be arrested flees
(b) Forcibly resists
(c) When giving the information will imperil the arrest
• The officer need NOT have the warrant in his possession at the time of the
arrest. However, after the arrest, the warrant may be shown to him as soon as
practicable, if the person arrested so requires.
• The officer may summon assistance to effect the arrest, break into a building or
an enclosure, or break out from the same.
Section 8. Method of arrest by officer without warrant. — When making an arrest
without a warrant, the officer shall inform the person to be arrested of his authority
and the cause of the arrest, unless the latter is either engaged in the commission of
an offense, is pursued immediately after its commission, has escaped, flees or
forcibly resists before the officer has opportunity so to inform him, or when the
giving of such information will imperil the arrest.
WARRANTLESS ARREST BY AN OFFICER
The officer shall:
(1) Inform the person to be arrested of his authority
(2) Inform the person to be arrested of the cause of his arrest
The information need not be given:
(1) If the person to be arrested is engaged in the commission of an offense;
(2) Is in the process of being pursued immediately after its commission;
(3) Escapes or flees;
(4) Forcibly resists before the officer has opportunity to inform him;
(5) When the giving of such information will imperil the arrest
Every person summoned by an officer is required to give the assistance requested
provided he can do so without detriment to himself.
Section 11. Right of officer to break into building or enclosure. — An officer, in order
to make an arrest either by virtue of a warrant, or without a warrant as provided in
section 5, may break into any building or enclosure where the person to be arrested
is or is reasonably believed to be, if he is refused admittance thereto, after
announcing his authority and purpose.
Section 12. Right to break out from building or enclosure. — Whenever an
officer has entered the building or enclosure in accordance with the preceding
section, he may break out therefrom when necessary to liberate himself.

• The officer may (1) summon assistance to effect the arrest, (2) break into a
building or an enclosure, or (3) break out from the same.
Section 9. Method of arrest by private person. — When making an arrest, a
private person shall inform the person to be arrested of the intention to arrest
him and cause of the arrest, unless the latter is either engaged in the
commission of an offense, is pursued immediately after its commission, or has
escaped, flees, or forcibly resists before the person making the arrest has
opportunity to so inform him, or when the giving of such information will
imperil the arrest.
WARRANTLESS ARREST BY A PRIVATE PERSON
Section 13. Arrest after escape or rescue. — If a person lawfully arrested
escapes or is rescued, any person may immediately pursue or retake him
without a warrant at any time and in any place within the Philippines.
Section 14. Right of attorney or relative to visit person arrested. — Any member
of the Philippine Bar shall, at the request of the person arrested or of another
acting in his behalf, have the right to visit and confer privately with such
person in the jail or any other place of custody at any hour of the day or night.
Subject to reasonable regulations, a relative of the person arrested can also
exercise the same right.

RIGHTS OF A PERSON ARRESTED, DETAINED OR UNDER CUSTODIAL

The private person shall:
INVESTIGATION (RA 7438)
(1) Inform the person to be arrested of his intent to arrest him;
(1) Right to be assisted by counsel at all times
(2) Inform the person to be arrested the cause of his arrest
The information need not be given:
• The counsel must be one who is independent and competent. He shall be allowed
(1) If the person to be arrested is engaged in the commission of an offense;
to confer at all times with the person arrested, detained or under custodial
(2) Is in the process of being pursued immediately after its commission;
investigation. If such person cannot afford the services of his own counsel, he
(3) Escapes or flees;
must be provided by the investigating officer with a competent and independent
(4) Forcibly resists before the officer has opportunity to inform him;
counsel.
(5) When the giving of such information will imperil the arrest
• Without a lawyer, no custodial investigation shall be conducted, and the suspect
can only be detained by the investigating officer under Article 125 of RPC (12
• The right to break into a building or an enclosure specifically refers to an
(light), 18 (correctional), 36 (afflictive) hours)
“officer” and NOT to a private person.
• Any waiver of Article 125 shall be in writing, signed by the person arrested,
Section 10. Officer may summon assistance. — An officer making a lawful arrest
detained or under custodial investigation in the presence of his counsel, otherwise
may orally summon as many persons as he deems necessary to assist him in
the waiver shall be null and void and of no effect.
effecting the arrest. Every person so summoned by an officer shall assist him in
• Any extrajudicial confession shall be made in writing, signed by the person in the
effecting the arrest when he can render such assistance without detriment to
presence of his counsel, or in the counsel’s absence, upon a valid waiver, and in
himself.
the presence of any of the parents, older brothers and sisters, his spouse, the
It sometimes happens that an officer cannot on his own effectively make the arrest. municipal mayor, the municipal judge, district school supervisor, or priest of the
Hence, the authority to effect an arrest carries with it an authority to orally gospel chosen by him, otherwise such extrajudicial confession shall be
summon as many persons as he deems necessary to assist him in effecting the inadmissible as evidence in any proceeding.
arrest.
CUSTODIAL INVESTIGATION – includes the practice of issuing an “invitation” to a • Sovereigns
person who is investigated in connection with an offense he is suspected to have
• Chiefs of State
committed, without prejudice to the liability of the “inviting” officer for any violation
of law. • Ambassadors
• Ministers Plenipotentiary
(2) Right to remain silent • Ministers Resident
(3) Right to be informed of the above rights;
• Charge D’Affaires
(4) Right to be visited by the immediate members of his family, by his counsel, or
by any non-governmental organization, national or international
EFFECT OF AN ILLEGAL ARREST ON JURISDICTION OF THE COURT (3) Under RA 75:
• Duly accredited ambassadors
The legality of the arrest affects only the jurisdiction of the court over the person of • Public Ministers of a foreign country
the accused. • Their duly registered domestics subject to the principle of reciprocity

Any defect in the arrest of the accused may be deemed cured when he voluntarily
submits to the jurisdiction of the trial court.

EFFECT OF ADMISSION TO BAIL ON OBJECTIONS TO AN ILLEGAL ARREST

An application for or admission to bail shall not bar the accused from challenging
the validity of his arrest or the legality of the warrant issued, provided that he
raises the objection before he enters his plea.

WAIVER OF THE ILLEGALITY OF THE ARREST; EFFECT OF ILLEGAL ARREST

A warrantless arrest is not a jurisdictional defect and any objection to it is waived

when the person arrested submits to arraignment without any objection.

An accused may be estopped from assailing the legality of his arrest if he failed to
move for the quashing of the information against him before his arraignment.

Any irregularity attending the arrest of an accused, depriving the trial court of
jurisdiction over his or her person, should be raised in a motion to quash at any
time before entering his or her plea, otherwise it would constitute as waiver of the
illegality of the arrest.

PERSONS NOT SUBJECT TO ARREST

(1) Senator or a congressman (Sec. 11 Article IV of the 1987

Constitution)
“A senator or member of the House of representatives shall, in all offenses
punishable by not more than six years imprisonment, be privileged from arrest while
the congress is in session.”

(2) Under the generally accepted principles of international law:

 RULE 114
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, to guarantee 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.
PURPOSE: to guarantee the appearance of a person before any court when so
required.
• A bail application does not only involve the right of the accused to temporary
liberty, but likewise the right of the State to protect the people and the peace of
the community from dangerous elements.
• The right to bail is a constitutional right. It is personal in nature and thus,
waivable.
• The right to bail springs from the presumption of innocence accorded every
accused upon whom should not be incarcerated unless his guilt is established
beyond reasonable doubt.
• Since bail is the security for the release of a person under custody of the law, it
is evident that it is NOT intended to cover the civil liability of the accused in the
same criminal case.
• The money deposited as bail may be applied to the payment of fines and costs
while the excess if any shall be returned to the accused or to whoever made the
deposit.
CONSTITUTIONAL BASIS (Sec. 13, Art. 3, 1987 Constitution)
"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.”
PRINCIPLES ON BAIL:
(1) GR: All persons shall, before conviction, be bailable.
XPN: Those charged with offenses punishable by reclusion perpetua when
evidence of guilt is strong.
XPN TO XPN: Person accused of such offense shall be entitled to bail when
evidence of guilt is NOT strong.
NOTE: The word “strong” does not mean “proof beyond reasonable doubt”. It merely
means great presumption of guilt.
(2) Suspension of the privilege of the writ of habeas corpus does not impair the
right to bail.
(3) Excessive bail is not to be required.
FORMS OF BAIL
(1) Corporate surety (Sec. 10)
(2) Property bond (Sec. 11)
(3) Cash deposit (Sec. 14)
(4) Recognizance (Sec. 15)
WHO FURNISHES BAIL:
(1) Bail applicant himself (2) Bondsman
GR: The applicant for bail must be in custody.
NOTE: A person is said to be in custody if he is (1) arrested by virtue of a warrant,
(2) arrested even without a warrant, or (3) he purposely submits himself to the
jurisdiction of the court (ei. Surrenders himself to the proper authorities)
XPNs: (a) bail is required to guarantee the appearance of a material witness, or
(b) bail is required to guarantee the appearance of a prosecution witness in
cases where there is a substitution of the information (Rule 110).
BAIL IN THE MILITARY
The right to bail invoked has traditionally not been recognized and is not available
in the military, as an exception to the general rule embodied in the Bill of Rights.
It does not violate the equal protection clause because such guaranty requires
equal treatment only of persons or things similarly situated and does not apply
where the subject of the treatment is substantially different from others.
BAIL IN EXTRADITION PROCEEDINGS
Bail is not a matter of right in extradition cases. Extradition proceedings are not
criminal in nature but sui generis, a class in itself. Since it is not a criminal
proceeding, it will not call into operation all the rights of an accused under the Bill
of Rights and does not involve a determination of guilt or innocence.
BAIL IN DEPORTATION PROCEEDINGS
Aliens in deportation proceedings have no inherent right to bail.
Section 2. Conditions of the bail; requirements. — All kinds of bail are subject
to the following conditions:
(a) The undertaking shall be effective upon approval, and unless cancelled,
shall remain in force at all stages of the case until promulgation of the
judgment of the Regional Trial Court, irrespective of whether the case was
originally filed in or appealed to it;
(b) The accused shall appear before the proper court whenever required by the
court of these Rules;
(c) The failure of the accused to appear at the trial without justification and
despite due notice shall be deemed a waiver of his right to be present thereat.
In such case, the trial may proceed in absentia; and
(d) The bondsman shall surrender the accused to the court for execution of the
final judgment.
The original papers shall state the full name and address of the accused, the
amount of the undertaking and the conditions herein required. Photographs
(passport size) taken within the last six (6) months showing the face, left and
right profiles of the accused must be attached to the bail.
EFFECT OF FAILURE TO APPEAR IN TRIAL
It is deemed a waiver of his right to be present. The trial may proceed in absentia.
NOTE: A person is allowed to petition for bail as soon as he is deprived of his liberty
by virtue of his arrest or voluntary surrender. An accused need not wait for his
arraignment before filing a petition for bail.
Section 3. No release or transfer except on court order or bail. — No person
under detention by legal process shall be released or transferred except upon
order of the court or when he is admitted to bail.
GR: No person under detention shall be released or transferred.
XPNs: (1) Upon order of the court; (2) admitted to bail.
Section 4. Bail, a matter of right; exception. — All persons in custody shall be
admitted to bail as a matter of right, with sufficient sureties, or released on
recognizance as prescribed by law or this Rule (a) before or after conviction by
the Metropolitan Trial Court, Municipal Trial Court, Municipal Trial Court in
Cities, or Municipal Circuit Trial Court, and (b) before conviction by the
Regional Trial Court of an offense not punishable by death, reclusion perpetua,
or life imprisonment.
BEFORE OR AFTER CONVICTION BY MeTC, MTC, MTCC, MCTC – bail is a
matter of right.
BEFORE CONVICTION BY THE RTC – bail is a matter of right for offenses NOT
punishable by death, reclusion perpetua or life imprisonment.
AFTER CONVICTION BY THE RTC – bail becomes discretionary.
REMEDY WHEN BAIL IS DENIED: Petition for certiorari if the trial court
committed a grave abuse of discretion amounting to lack or excess of jurisdiction in
issuing the said order.
Section 5. Bail, when discretionary. — Upon conviction by the Regional Trial
Court of an offense not punishable by death, reclusion perpetua, or life
imprisonment, admission to bail is discretionary. The application for bail may
be filed and acted upon by the trial court despite the filing of a notice of appeal,
provided it has not transmitted the original record to the appellate court.
However, if the decision of the trial court convicting the accused changed the
nature of the offense from non-bailable to bailable, the application for bail can
only be filed with and resolved by the appellate court.
Should the court grant the application, the accused may be allowed to
continue on provisional liberty during the pendency of the appeal under the
same bail subject to the consent of the bondsman.
If the penalty imposed by the trial court is imprisonment exceeding six (6)
years, the accused shall be denied bail, or his bail shall be cancelled upon a
showing by the prosecution, with notice to the accused, of the following or
other similar circumstances:
(a) That he is a recidivist, quasi-recidivist, or habitual delinquent, or has
committed the crime aggravated by the circumstance of reiteration;
(b) That he has previously escaped from legal confinement, evaded sentence, or
violated the conditions of his bail without valid justification;
(c) That he committed the offense while under probation, parole, or conditional
pardon;
(d) That the circumstances of his case indicate the probability of flight if
released on bail; or
(e) That there is undue risk that he may commit another crime during the
pendency of the appeal.
The appellate court may, motu proprio or on motion of any party, review the
resolution of the Regional Trial Court after notice to the adverse party in either
case.
If the original record has already been transmitted to the appellate court, then the
application shall be filed with the said appellate court.
The consent of the bondsman shall be required to have provisional liberty under the
same bail because of the rule in Sec. 2(a) of Rule 114, that the "undertaking shall
be effective x x x until promulgation of judgment of the Regional Trial Court x x x."
WHEN APPLICATION FOR BAIL AFTER CONVICTION BY THE RTC BE DENIED
(1) If the penalty imposed is death, reclusion perpetua or life imprisonment
(2) Even if the penalty imposed by the trial court is merely imprisonment
exceeding six (6) years,
(3) His bail already allowed shall be cancelled, if the prosecution shows the
following or other similar circumstances:
a. Recidivist, quasi-recidivist, habitual delinquent, committed a crime
aggravated by circumstances or reiteration;
b. Escapee, evaded sentence, violated conditions of bail without valid
justification;
c. Committed offense while under Probation, Parole, or Conditional Pardon
d. Risk of flight;
e. Risk to commit another offense.
RECIDIVIST – one who, at the time of his trial for one crime, shall have been
previously convicted by final judgment of another crime embraced in the same title
of this Code. (Art. 14, par 9, RPC)
QUASI-RECIDIVIST – one who has been convicted by a final judgment of any crime
whether the first conviction is for a felony or an offense punished by special law.
(Art. 160, RPC)
HABITUAL DELINQUENT – is an offender who within the period of 10 years from
his last conviction or release have been found guilty of any of these crimes:
Robbery, Theft, Serious Physical Injury, Less Serious Physical Injury, Estafa,
Falsification. (Art. 62, RPC)
REITERACION – the offender is convicted of two crimes but there is no requisite
that the two crimes must belong to the same title of the code. What is required is
that the offender must have completed the penalty in the first conviction and that
the penalty for the last conviction must be greater or equal to the penalty that is
imposable on the second crime.
PROBATION – is a privilege granted by the court to a person convicted of a criminal
offense to remain in the community instead of actually going to prison/jail.
PAROLE – the release of a prisoner temporarily (for a special purpose) or
permanently before the completion of his sentence, on the promise of good
behavior.
CONDITIONAL PARDON – its effectiveness depends upon the fulfillment of a
condition by the offender, usually a lesser punishment, as in the commutation of
the death sentence.
The court is not authorized to deny or cancel the bail ex parte. The rule requires
"notice to the accused".
BAIL PENDING APPEAL
The third paragraph of Section 5, Rule 114 applies to two scenarios where the
penalty imposed on the appellant applying for bail is imprisonment exceeding six
years.
The first scenario deals with circumstances enumerated in the said paragraph not
being present. Here, bail is a matter of sound judicial discretion. This means that, if
none of the circumstances mentioned in the third paragraph of Section 5, Rule 114
is present, the appellate court has the discretion to grant or deny bail. An
application for bail pending appeal may be denied even if the bail-negating
circumstances in the third paragraph of Section 5, Rule 114 are absent.
The second scenario contemplates the existence of at least one of the said
circumstances. Here, the appellate court exercises a stricter discretion, that is, to
carefully ascertain whether any of the enumerated circumstances in fact exists. If it
so determines, it has no other option except to deny or revoke bail pending appeal.
Thus, a finding that none of the said circumstances is present will not
automatically result in the grant of bail.
HEARING OF APPLICATION FOR BAIL IN OFFENSES PUNISHABLE BY DEATH,
RECLUSION PERPETUA, OR LIFE IMPRISONMENT
When the granting of bail is not a matter of right or is merely discretionary, a
hearing, whether summary or otherwise in the discretion of the court, should first
be conducted to determine the existence of strong evidence or lack of it, against the
accused to enable the judge to make an intelligent assessment of the evidence
presented by the parties.
SUMMARY HEARING - such brief and speedy method of receiving and considering
the evidence of guilt as is practicable and consistent with the purpose of hearing
which is merely to determine the weight of evidence for the purposes of bail.
The bail hearing is mandatory in order to give the prosecution reasonable
opportunity to oppose the application by proving that the evidence of guilt is strong.
Section 6. Capital offense defined. — A capital offense is an offense which,
under the law existing at the time of its commission and of the application for
admission to bail, may be punished with death.

Section 7. Capital offense of an offense punishable by reclusion perpetua or life
imprisonment, not bailable. — No person charged with a capital offense, or an
offense punishable by reclusion perpetua or life imprisonment, shall be
admitted to bail when evidence of guilt is strong, regardless of the stage of the
criminal prosecution.
The imposition of the death penalty is now prohibited by R.A. 9346 enacted into law
on June 24, 2006.
Sec. 2 of R.A. 9346 provides that "in lieu of the death penalty, the following shall be
imposed:
"(a) the penalty of reclusion perpetua, when the law violated makes use of the
nomenclature of the penalties of the Revised Penal Code; or
"(b) the penalty of life imprisonment, when the law violated does not make use of
the nomenclature of the penalties of the Revised Penal Code."
EFFECT OF RA 9346 ON THE GRADUATION OF PENALTIES
R.A. No. 9346 unequivocally bar the application of the death penalty, as well as to
expressly repeal all such statutory provisions requiring the application of the death
penalty.
However, the debarring of the death penalty through R.A. No. 9346 did not
correspondingly declassify those crimes previously catalogued as "heinous." The
amendatory effects of R.A. No. 9346 extend only to the application of the death
penalty but not to the definition or classification of crimes.
Accordingly, R.A. No. 9346 does not serve as basis for the reduction of civil
indemnity and other damages that adhere to heinous crimes.
Having pronounced and determined the statutory disallowance of the death penalty
through R.A. No. 9346 and the corresponding modification of penalties other than
death through that statute, the penalty of "death," as utilized in Article 71 of the
Revised Penal Code, shall no longer form part of the equation in the graduation of
penalties.
Section 8. Burden of proof in bail application. — At the hearing of an
application for bail filed by a person who is in custody for the commission of an
offense punishable by death, reclusion perpetua, or life imprisonment, the
prosecution has the burden of showing that evidence of guilt is strong. The
evidence presented during the bail hearing shall be considered automatically
reproduced at the trial, but upon motion of either party, the court may recall
any witness for additional examination unless the latter is dead, outside the
Philippines, or otherwise unable to testify. (8a)
BURDEN OF PROOF IN BAIL APPLICATION
In the hearing, the prosecution has the burden of showing that evidence of guilt is
strong. Bail in this type of offense is not a matter of right.
Section 9. Amount of bail; guidelines. — The judge who issued the warrant or
granted the application shall fix a reasonable amount of bail considering
primarily, but not limited to, the following factors:
(a) Financial ability of the accused to give bail;
(b) Nature and circumstances of the offense;
(c) Penalty for the offense charged;
(d) Character and reputation of the accused;
(e) Age and health of the accused;
(f) Weight of the evidence against the accused;
(g) Probability of the accused appearing at the trial;
(h) Forfeiture of other bail;
(i) The fact that accused was a fugitive from justice when arrested; and
(j) Pendency of other cases where the accused is on bail.
Excessive bail shall not be required.
RULES:
(1) Excessive bail shall not be required. (Sec 13, Art. 3 of the 1987 Constitution)
(2) The amount should be high enough to assure the presence of the accused
when such presence is required but no higher than is reasonably calculated to
fulfill this purpose.
(3) When an accused has no means to bail himself out, any amount fixed, no
matter how small would fall into the category of excessive bail.
WHO FIXES THE AMOUNT?
The judge who issued to warrant or who granted the application for bail.
Section 10. Corporate surety. — Any domestic or foreign corporation, licensed
as a surety in accordance with law and currently authorized to act as such,
may provide bail by a bond subscribed jointly by the accused and an officer of
the corporation duly authorized by its board of directors.
CORPORATE SURETY – is a bail furnished by a corporation.
NOTE: Act No. 536 (November 25, 1902) prescribes the conditions before
corporations could be allowed to act as sureties for bonds and undertakings.
Section 11. Property bond, how posted. — A property bond is an undertaking
constituted as lien on the real property given as security for the amount of the
bail. Within ten (10) days after the approval of the bond, the accused shall
cause the annotation of the lien on the certificate of title on file with the
Register of Deeds if the land is registered, or if unregistered, in the Registration
Book on the space provided therefor, in the Registry of Deeds for the province
or city where the land lies, and on the corresponding tax declaration in the
office of the provincial, city and municipal assessor concerned.
Within the same period, the accused shall submit to the court his compliance
and his failure to do so shall be sufficient cause for the cancellation of the
property bond and his re-arrest and detention.
PROPERTY BOND – is an undertaking constituted as lien on the real property
given as security for the amount of the bail.
Within ten (10) days after the approval of the bond, the accused shall cause the
annotation of the lien on the certificate of title on file with the Register of Deeds if
the land is registered.
If the land is unregistered, it is annotated in the Registration Book on the space
provided therefor in the Registry of Deeds for the province or city where the land
lies.
The registration is likewise made on the corresponding tax declaration in the office
of the provincial, city and municipal assessor concerned.
Within 10 days from the performance of the above acts, the accused shall submit
his compliance to the court.
Failure of compliance – causes the cancellation of the property bond, re-arrest and
detention.
Section 12. Qualifications of sureties in property bond. — The qualification of
sureties in a property bond shall be as follows:
(a) Each must be a resident owner of real estate within the Philippines;
(b) Where there is only one surety, his real estate must be worth at least the
amount of the undertaking;
(c) If there are two or more sureties, each may justify in an amount less than
that expressed in the undertaking but the aggregate of the justified sums must
be equivalent to the whole amount of bail demanded.
In all cases, every surety must be worth the amount specified in his own
undertaking over and above all just debts, obligations and properties exempt
from execution.
Section 13. Justification of sureties. — Every surety shall justify by affidavit
taken before the judge that he possesses the qualifications prescribed in the
preceding section. He shall describe the property given as security, stating the
nature of his title, its encumbrances, the number and amount of other bails
entered into by him and still undischarged, and his other liabilities. The court
may examine the sureties upon oath concerning their sufficiency in such
manner as it may deem proper. No bail shall be approved unless the surety is
qualified.
No bail shall be approved unless the surety is qualified.
Section 14. Deposit of cash as bail. — The accused or any person acting in his
behalf may deposit in cash with the nearest collector or internal revenue or
provincial, city, or municipal treasurer or the clerk of court where the case is
pending, the amount of bail fixed by the court, or recommended by the
prosecutor who investigated or filed the case. Upon submission of a proper
certificate of deposit and a written undertaking showing compliance with the
requirements of section 2 of this Rule, warden or person having custody of the
accused shall release him without necessity of a further order from the court.
The money deposited shall be considered as bail and applied to the payment of
fine and costs while the excess, if any, shall be returned to the accused or to
whoever made the deposit.
CASH DEPOSIT – money placed in a financial institution for protective custody.
Only the collector of internal revenue, city or provincial, city or municipal treasurer
is authorized to receive bail in cash.
The accused shall be discharged from custody upon submission of the certificate of
deposit and a written undertaking showing compliance with the requirements of the
Rules of Court.
The money deposited shall be considered as bail and applied to the payment of fine
and costs while the excess, if any, shall be returned to the accused or to whoever
made the deposit
Section 15. Recognizance. — Whenever allowed by law or these Rules, the
court may release a person in custody to his own recognizance or that of a
responsible person.
RECOGNIZANCE – is an obligation of record entered into before some court or
magistrate duly authorized to take it, with the condition to do some particular act,
the most usual condition in criminal cases being the appearance of the accused for
trial.
Section 16. Bail, when not required; reduced bail or recognizance. — No bail
shall be required when the law or these Rules so provide.
When a person has been in custody for a period equal to or more than the
possible maximum imprisonment prescribe for the offense charged, he shall be
released immediately, without prejudice to the continuation of the trial or the
proceedings on appeal. If the maximum penalty to which the accused may be
sentenced is destierro, he shall be released after thirty (30) days of preventive
imprisonment.
A person in custody for a period equal to or more than the minimum of the
principal penalty prescribed for the offense charged, without application of the
Indeterminate Sentence Law or any modifying circumstance, shall be released
on a reduced bail or on his own recognizance, at the discretion of the court.
CASES WHERE RELEASE ON RECOGNIZANCE MAY BE ORDERED BY THE
COURT:
(a) When the offense charged is for violation of an ordinance, a light felony, or a
criminal offense, the imposable penalty of which does not exceed six (6) months
imprisonment and/or P2,000 fine.
(b) Where a person has been in custody for a period equal to or more than the
minimum of the imposable principal penalty, without application of the
Indeterminate Sentence Law or any modifying circumstance, in which case, the
court, in its discretion, may allow his release on his own recognizance, or on a
reduced bail, at the discretion of the court.
(c) Where the accused has applied for probation, pending finality of the judgment
but no bail was filed or the accused is incapable of filing one.
(d) In case of a youthful offender held for physical and mental examination, trial,
or appeal, if he is unable to furnish bail and under the circumstances
envisaged in P.D. 603, as amended.
In summary procedure, when the accused has been arrested for failure to appear
when required. His release shall be either on bail or on recognizance by a
responsible citizen acceptable to the court.
Section 17. Bail, where filed.
(a) 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 judge therein.
(b) Where the grant of bail is a matter of discretion, or the accused seeks to be
released on recognizance, the application may only be filed in the court where
the case is pending, on trial or appeal.
(c) Any person in custody who is not yet charged in court may apply for bail
with any court in the province, city, or municipality where he is held.
(a) The application for bail may be filed with the court where the case is pending.
If the judge thereof is absent or unavailable, then the application may be filed with
" any Regional Trial Court judge,
" Metropolitan Trial Court judge,
" Municipal Trial Court judge,
" Municipal Circuit Trial Court judge in the province, city, or municipality
Where there is no showing that the judge of the court where the criminal case is
pending is unavailable, another judge who entertains a bail application despite
knowledge of the pendency of the case in another court is clearly in error.
Judges who approve applications for bail of accused whose cases are pending in
other courts are guilty of gross ignorance of the law.
Where the accused is arrested in a province, city, or municipality other than where
the case is pending, the application for bail may also be filed with any RTC of said
place. If no judge thereof is available, then with any MeTC judge, MTC judge or
MCTC judge in the said place.
When bail is filed with the court other than where the case is pending, the judge
who accepted the bail shall forward it, together with the order of release and other
supporting papers, to the court where the case is pending, which may, for good
reasons, require a different one to be filed.
(b) Where the grant of bail is a matter of discretion, or the accused seeks to be
released on recognizance, the application may only be filed in the court where
the case is pending, on trial, or appeal.
(c) When a person is in custody but not yet charged, he may apply for bail with
any court in the province, city or municipality where he is held.
Section 18. Notice of application to prosecutor. — In the application for bail
under section 8 of this Rule, the court must give reasonable notice of the
hearing to the prosecutor or require him to submit his recommendation.
Section 19. Release on bail. — The accused must be discharged upon approval
of the bail by the judge with whom it was filed in accordance with section 17 of
this Rule.
Whenever bail is filed with a court other than where the case is pending, the
judge who accepted the bail shall forward it, together with the order of release
and other supporting papers, to the court where the case is pending, which
may, for good reason, require a different one to be filed.
Section 20. Increase or reduction of bail. — After the accused is admitted to
bail, the court may, upon good cause, either increase or reduce its amount.
When increased, the accused may be committed to custody if he does not give
bail in the increased amount within a reasonable period. An accused held to
answer a criminal charge, who is released without bail upon filing of the
complaint or information, may, at any subsequent stage of the proceedings and
whenever a strong showing of guilt appears to the court, be required to give
bail in the amount fixed, or in lieu thereof, committed to custody.
INCREASE OR REDUCTION OF BAIL
Even after the accused is admitted to bail, the amount of bail may either be
increased or reduced by the court upon good cause.
The increased amount must be given within a reasonable period if the accused
wants to avoid being taken into custody. The rule is clear: " x x x When increased,
the accused may be committed to custody if he does not give bail in the increased
amount within a reasonable period".
BAIL FOR ACCUSED ORIGINALLY RELEASED WITHOUT BAIL
If upon the filing of the complaint or information the accused is released without
bail, he may later be required to give bail in the amount fixed by the court whenever
at any subsequent stage of the proceedings a strong showing of guilt appears to the
court.
If he does not give bail he may be committed into custody.
Section 21. Forfeiture of bond. — When the presence of the accused is required
by the court or these Rules, his bondsmen shall be notified to produce him
before the court on a given date and time. If the accused fails to appear in
person as required, his bail shall be declared forfeited and the bondsmen given
thirty (30) days within which to produce their principal and to show cause why
no judgment should be rendered against them for the amount of their bail.
Within the said period, the bondsmen must:
(a) produce the body of their principal or give the reason for his non-
production; and
(b) explain why the accused did not appear before the court when first required
to do so.
Failing in these two requisites, a judgment shall be rendered against the
bondsmen, jointly and severally, for the amount of the bail. The court shall not
reduce or otherwise mitigate the liability of the bondsmen, unless the accused
has been surrendered or is acquitted.
One of the conditions of the bail is for the accused to appear before the proper court
whenever required.
When his presence is required, his bondsmen shall be notified to produce him
before the court on a given date and time.
Failure to appear - his bail shall be declared forfeited.
The bondsmen shall be given thirty (30) days within which to produce their
principal and to show cause why no judgment should be rendered against them for
the amount of the bail.
If the bondsmen move for the mitigation of their liability, the court is required not
to reduce or otherwise mitigate the liability of the bondsmen, unless the accused
has been surrendered or is acquitted.
Judgment against the bondsmen cannot be entered unless such judgment is
preceded by an order of forfeiture and an opportunity given to the bondsmen to
produce the accused or to adduce satisfactory reason for their inability to do so.
An order of forfeiture merely requires the bondsmen "to show cause why judgment
should not be rendered against them for the amount of the bond."
The order is different from the judgment on the bond which is issued if the accused
was not produced within the 30-day period.
Section 22. Cancellation of bail. — Upon application of the bondsmen, with
due notice to the prosecutor, the bail may be cancelled upon surrender of the
accused or proof of his death.
The bail shall be deemed automatically cancelled upon acquittal of the
accused, dismissal of the case, or execution of the judgment of conviction.
In all instances, the cancellation shall be without prejudice to any liability on
the bond.
CANCELLATION BY APPLICATION OF THE BONDSMEN
Done with due notice to the prosecutor:
(a) Upon surrender of the accused;
(b) Proof of his death.
AUTOMATIC CANCELLATION
(a) Upon acquittal of the accused;
(b) Dismissal of the case;
(c) Execution of the judgment of conviction
The cancellation of bail is allowed where the penalty imposed by the trial court is
imprisonment exceeding six (6) years if any of the grounds in the said section is
present as when the circumstances indicate the probability of flight.
REMEDY AGAINST THE TRIAL COURT’S ORDER CANCELLING THE BAIL
File with the CA a motion to review the said order in the same regular appeal
proceedings which the appellant himself initiated, such motion being an incident to
his appeal.
Section 23. Arrest of accused out on bail. — For the purpose of surrendering
the accused, the bondsmen may arrest him or, upon written authority
endorsed on a certified copy of the undertaking, cause him to be arrested by a
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 permission of the
court where the case is pending.
OBLIGATION AND RIGHT OF THE BONDSMAN
(1) The bondsman shall surrender the accused to the court for execution of the
final judgment.
(2) An accused released on bail may be rearrested without the necessity of a
warrant if he attempts to depart from the Philippines without the permission of
the court where the case is pending.
Once the obligation of bail is assumed, the bondsman or surety becomes to jailer of
the accused and is subrogated to all the rights and means which the government
possesses to make his control over him effective.
Section 24. No bail after final judgment; exception. — No bail shall be allowed
after the judgment of conviction has become final. If before such finality, the
accused applies for probation, he may be allowed temporary liberty under his
bail. When no bail was filed or the accused is incapable of filing one, the court
may allow his release on recognizance to the custody of a responsible member
of the community. In no case shall bail be allowed after the accused has
commenced to serve sentence.
GR: No bail shall be allowed after the judgment of conviction has become final.
XPN: If before such finality, the accused applies for probation, he may be allowed
temporary liberty under his bail.
Section 25. Court supervision of detainees. — The court shall exercise
supervision over all persons in custody for the purpose of eliminating
unnecessary detention. The executive judges of the Regional Trial Courts shall
conduct monthly personal inspections of provincial, city, and municipal jails
and their prisoners within their respective jurisdictions. They shall ascertain
the number of detainees, inquire on their proper accommodation and health
and examine the condition of the jail facilities. They shall order the segregation
of sexes and of minors from adults, ensure the observance of the right of
detainees to confer privately with counsel, and strive to eliminate conditions
inimical to the detainees.
In cities and municipalities to be specified by the Supreme Court, the
municipal trial judges or municipal circuit trial judges shall conduct monthly
personal inspections of the municipal jails in their respective municipalities
and submit a report to the executive judge of the Regional Trial Court having
jurisdiction therein.
A monthly report of such visitation shall be submitted by the executive judges
to the Court Administrator which shall state the total number of detainees, the
names of those held for more than thirty (30) days, the duration of detention,
the crime charged, the status of the case, the cause for detention, and other
pertinent information.
Section 26. Bail not a bar to objections on illegal arrest, lack of or irregular
preliminary investigation. — An application for or admission to bail shall not
bar the accused from challenging the validity of his arrest or the legality of the
warrant issued therefor, or from assailing the regularity or questioning the
absence of a preliminary investigation of the charge against him, provided that
he raises them before entering his plea. The court shall resolve the matter as
early as practicable but not later than the start of the trial of the case.
The application or admission of the accused to bail shall not bar him from
challenging both the validity of his arrest or the legality of the warrant issued
therefore, provided that he raises them before entering his plea.
It shall not likewise bar the accused from assailing the regularity or questioning the
absence of a preliminary investigation of the charge against him provided the same
is raised before he enters his plea.
The court shall resolve the matter as early as practicable but not later than the
start of the trial of the case.
 Rule 115
Rights of the Accused
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.
(i) To appeal in all cases allowed and in the manner prescribed by law.
ARTICLE 14(2), SECTION III, 1987 CONSTITUTION.
In all criminal prosecutions, the accused shall be presumed innocent until 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 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 the 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.
The rights enumerated are rights of the accused “AT THE TRIAL”.
(1) PRESUMPTION OF INNOCENCE
In all criminal prosecutions, the accused shall be presumed innocent until the
contrary is proved.
This presumption is stronger than any other presumption under the Rules of Court.
It prevails over the presumption of regularity of the performance of official duty.
PROOF BEYOND REASONABLE DOUBT
Rule 133, Sec 2. In a criminal case, the accused is entitled to an acquittal, unless
his guilt is shown beyond reasonable doubt. Proof beyond reasonable doubt does
not mean such a degree of proof as, excluding possibility of error, produces
absolute certainty. Moral certainty only is required, or that degree of proof which
produces conviction in an unprejudiced mind.
REASONABLE DOUBT – is that doubt engendered by an investigation of the whole
proof and an inability after such investigation to let the mind rest each upon the
certainty of guilt.
The burden lies on the prosecution to overcome such presumption of innocence by
presenting the quantum of evidence required.
The prosecution must rest on the strength on its own evidence and must not rely
on the weakness of the defense.
Q: Does the presumption of innocence end upon conviction by the trial court even if
the conviction is appealed?
A: NO. The fact of respondent’s conviction by the RTC does not necessarily warrant
the suspension. Since the convictions are currently on appeal before the CA, the
same have not yet attained finality. As such, the respondent still enjoys the
constitutional presumption of innocence and it continues until a promulgation of
final conviction is made.
THE EQUIPOISE RULE – provides that where the evidence in a criminal case is
evenly balanced, the constitutional presumption of innocence tilts the scales in
favor of the accused.
(2) RIGHT TO BE INFORMED OF THE NATURE AND CAUSE OF ACCUSATION
The accused shall enjoy the right to be informed of the nature and cause of the
accusation against him.
In order to inform the accused of the nature and cause of accusation against him, it
is necessary for the complaint or information to contain those matters required by
the statute or by the Rules of Court, to wit:
(a) Name and surname of the accused; appellation or nickname; fictitious name;
(b) Name and surname of the offended party; appellation or nickname; fictitious
name;
(c) Acts and omissions constituting the offense charged stated in an ordinary and
concise language;
(d) Qualifying and aggravating circumstances;
(e) The place where the crime or any of its essential ingredients occurred;
(f) The date of the commission of the offense;
(g) In offenses against property, if the name of the offended party is unknown, the
property must be particularly described.
(3) RIGHT TO COUNSEL OF THE ACCUSED AND OF THE PERSONS
ARRESTED, DETAINED OR UNDER CUSTODIAL INVESTIGATION (RA No.
7438)
The accused shall enjoy the right to be heard by himself and counsel.
In criminal cases, the right of an accused to be assisted by a member of the bar is
immutable, otherwise, there would be a grave denial of due process. Thus, even if
the judgment had become final and executory, it may still be recalled, and the
accused afforded the opportunity to be heard by himself and counsel.
Every person under custody of the law enjoys the right. RA No. 7438 provides that
“any person arrested, detained or under custodial investigation shall at all times be
assisted by counsel.”
CUSTODIAL INVESTIGATION – is the stage where the police investigation is no
longer a general inquiry into an unsolved crime but has begun to focus on a
particular suspect taken into custody by the police who carry out a process of
interrogation that lends itself to elicit incriminating statements.
RA No. 7438 redefined the concept of custodial investigation and has extended this
custodial guarantee to situations in which an individual has not been formally
arrested but has merely been “invited” for questioning.
Sec. 2, RA No. 7438. 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 laws.
REQUISITES FOR A VALID CUSTODIAL INVESTIGATION REPORT
(1) The report shall be reduced to writing by the investigating officer;
(2) 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 in the language known
to the person arrested or detained. This is to be done before the report is
signed. If this procedure is not done, the investigation report is null and void.
PURPOSE OF COUNSEL IN A CUSTODIAL INVESTIGATION: to curb the
uncivilized practice of extracting a confession that leads to suspects to make self-
incriminating statements.
The right of the person under interrogation “to be informed” implies an obligation
on the part of the police investigator to explain and contemplates an effective
communication that results in an understanding of what is conveyed.
RIGHT TO CHOOSE A COUNSEL IS NOT ABSOLUTE; RIGHT MAY BE WAIVED
If the chosen counsel deliberately makes himself scarce, the court may appoint a de
oficio counsel to enable the trial to proceed until the counsel of choice enters his
appearance. Otherwise, the pace of a criminal prosecution will be entirely dictated
by the accused, to the detriment of the eventual resolution of the case.
The right to counsel may be waived. To ensure that the waiver is voluntary and
intelligent, the waiver must be (1) in writing and (2) in the presence of the counsel
of the accused.
COMPETENT AND INDEPENDENT COUNSEL
The lawyer called to be present during such investigations should be as far as
reasonably possible, the choice of the individual undergoing questioning.
If the lawyer were one furnished in the accused's behalf, it is important that he
should be competent and independent, i.e., that he is willing to fully safeguard the
constitutional rights of the accused, as distinguished from one who would be
merely giving a routine, peremptory and meaningless recital of the individual's
constitutional rights.
The right assumes an active involvement by the lawyer in the proceedings,
particularly at the trial of the case, his bearing constantly in mind of the basic
rights of the accused, his being well-versed on the case and his knowing the
fundamental procedures, essential laws and existing jurisprudence.
RIGHT TO COUNSEL IN ADMINISTRATIVE CASES
Jurisprudence is in unison in saying that assistance of counsel is not indispensable
in administrative proceedings.
EXTRAJUDICIAL CONFESSIONS (Sec. 12, Article 3 of the 1987 Constitution)
(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 violation of this section as
well as compensation for the rehabilitation of victims of tortures or similar
practices, and their families."
REQUISITES FOR A VALID EXTRAJUDICIAL CONFESSION
(a) It shall be in writing and signed by the person arrested, detained or under
custodial investigation;
(b) It must be signed in the presence of his counsel or in the latter's absence, upon
a valid waiver;
(c) In the event of a valid waiver, it must be signed 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.
If there is any waiver of the provisions of Art. 125 of the Revised Penal Code, the
waiver must:
(a) be in writing; and
(b) such by the person arrested, detained or under custodial investigation; and
(c) such person must sign the waiver in the presence of his counsel.
Settled is the rule that the moment a police officer tries to elicit admissions or
confessions or even plain information from a suspect, the latter should, at that
juncture, be assisted by counsel, unless he waives this right in writing and in the
presence of counsel.
RIGHT TO DEFEND HIMSELF; RIGHT TO BE HEARD
An accused is accorded the right to defend himself either in person or by counsel.
As a consequence of such right, he has the right to be present at the trial at every
stage of the proceedings from arraignment to the promulgation of the judgment.
Upon motion, the accused may be allowed by the court to defend himself in person
when it sufficiently appears to the court that he can properly protect his rights
without the assistance of counsel.
Pursuant to the stipulations set forth in his bail, the accused has the right to waive
his presence at the trial but he shall be required to be at the trial, if his presence is
specifically ordered by the court for purposes of identification.
The waiver of the right of the accused to be present at the trial may be inferred from
his absence without justifiable cause provided he had prior notice of the said trial.
In case the accused is under custody and he escapes, his act shall be deemed to be
a waiver to be present on all subsequent trial dates until custody over him is
regained.
If the accused is absent during the trial after his arraignment, trial may proceed
despite his absence provided that he has been duly notified of the trial and his
failure to appear is unjustified.
(4) RIGHT TO TESTIFY AS A WITNESS
The questions that may be asked of the accused in a cross-examination is limited to
the matters covered by the direct examination. This is contrast to the much wider
scope of the cross-examination of an ordinary witness (who is not the accused).
Under Sec. 6 of Rule 132, the witness may be cross-examined by the adverse party
not only as to any matter stated in the direct examination or those connected with
the matters stated in the direct examination but the cross examiner is given
"sufficient fullness and freedom" to ask questions that would test the accuracy and
truthfulness of the witness, his freedom from interest or bias, or the reverse. The
witness may even be asked questions for the purpose of eliciting all important facts
bearing upon the issue even if they were not covered by his direct examination as
long as the question has relevance to the issues of the case.
If the accused does not want to testify in his behalf and choses to remain silent, his
silence "shall not in any manner prejudice him".
(5) RIGHT AGAINST SELF-INCRIMINATION (Sec. 17, Art. 3. 1987
Constitution)
No person shall be compelled to be a witness against himself.
PURPOSE: to prevent the State, with all its coercive powers, from extracting from (1) Transactional immunity – means that a witness can no longer be
the suspect testimony that may convict him and to avoid a person subject to such prosecuted for any offense whatsoever arising out of the act or transaction to
compulsion to perjure himself for his own protection. which the testimony relates.
(2) Use-and-derivative-use testimony – a witness is only assured that his or
The right against self-incrimination is not self-executing or automatically her particular testimony and evidence derived from it will not be used against
operational. It must be claimed. him or her in a subsequent prosecution.

The right may be waived, expressly or impliedly, as by failure to claim it at the DISTINCTION BETWEEN THE CLAIM OF THE PRIVILEGE BY AN ACCUSED AND
appropriate time. BY A MERE WITNESS

The assertion of the privilege against self-incrimination must be raised in response BY THE ACCUSED BY A WITNESS
to each specific inquiry or it is waived. Accused may refuse to take the witness A witness may be compelled to take the
stand and refuse to answer any and all witness stand and claim the privilege as
questions because in reality, the each question requiring an
The right applies only to natural persons.
purpose of calling an accused as a incriminating answer is shot at him.
witness for the People would be to
The right protects a person from testimonial compulsion or evidence of a
incriminate him.
communicative nature.
(6) RIGHT TO CONFRONT AND CROSS-EXAMINE THE WITNESSES AGAINST
Writing is something more than moving the body, or the hands, or the fingers; HIM
writing is not a purely mechanical act, because it requires the application of
intelligence and attention.
The accused shall enjoy the right to meet the witnesses face to face.

The witness is not exonerated from answering merely because he declares that, in
so doing he would incriminate himself. What he says does not of itself establish the
hazard of incrimination.
It is for the court to say whether his silence is justified, and to require him to
answer if "it clearly appears to the court that he is mistaken.
However, if the witness, upon interposing his claim, is to be required to prove the
hazards posed by his answers he would actually be compelled to surrender the very
protection which the privilege is designed to guarantee. To sustain the privilege, it
need only be evident from the implications of the question, in the setting in which it
is asked. The privilege should be sustained unless it clearly appears that the claim
is mistaken, i.e., unless it is perfectly clear from careful consideration of all
circumstances that the witness is mistaken and the answer cannot possibly have
incriminating effect.
The privilege can be asserted in any proceeding, civil or criminal, administrative or
judicial, investigatory or adjudicatory.
The privilege is a personal privilege. It adheres basically to the person, not to the
information that may incriminate him.
FORMS OF IMMUNITY:
The cross-examination of a witness is essential to test his or her accuracy, expose
falsehoods or half-truths, uncover the truth which rehearsed direct examination
testimonies may successfully suppress, and demonstrate inconsistencies in
substantial matters which create reasonable doubt as to the guilt of the accused
and thus give substance to the constitutional right of the accused to confront the
witnesses against him
This right is a personal one which may be waived expressly or impliedly.
Under the present Rules of Criminal Procedure, the right of confrontation does not
apply in a preliminary investigation.
RIGHT TO USE TESTIMONY OF A DECEASED WITNESS
Either party (the prosecution or the defense), may utilize as part of its evidence the
testimony of a witness who is deceased, out of or cannot without due diligence be
found in the Philippines, unavailable or otherwise unable to testify, given in another
case or proceeding, judicial or administrative provided they involve the same parties
and subject matter and the adverse party had the opportunity to cross-examine
him.
REQUSITIES:
(a) the witness is dead or unable to testify;
(b) his testimony or deposition was given in a former case or proceeding, judicial or
administrative between the same parties or representing the same interests;
(c) the former case involved the same subject as that in the present case, although
on different causes of action;
(d) the issue testified to by the witness in the former trial is the same issue involved GUIDELINES TO DETERMINE VIOLATION OF THE RIGHT TO SPEEDY
in the present case; and DISPOSITION OF CASES
(e) the adverse party had an opportunity to cross-examine the witness in the former
case (1) Length of delay;
(2) Reasons for the delay;
(7) RIGHT TO COMPULSORY PROCESS (3) The assertion or failure to assert for such delay; and
(4) The prejudice caused by the delay
The accused shall enjoy the right to have compulsory process to secure the
attendance of the witnesses and the production of evidence in his behalf. BALANCING TEST – compels courts to approach speedy trial cases on an ad hoc
basis where courts should assess in determining whether a particular defendant
This right may be invoked by the accused to secure the attendance of witnesses and has been deprived of his right such as the length of the delay, the reason for the
the production of witnesses in his behalf. delay, the defendant’s assertion of his right, and prejudice to the defendant.

In connection with this right, the accused may move the court for the issuance of a
subpoena ad testificandum or a subpoena duces tecum pursuant to the provisions
of Rule 20 of the Rules of Court.
In case of the failure of the witness to attend, the court or judge issuing the
subpoena, upon proof of the service of such subpoena and proof of his failure to
attend, may issue a warrant for his arrest.
(8) RIGHT TO SPEEDY TRIAL
(9) RIGHT TO APPEAL
An appeal in a criminal case opens the entire case for review and the appellate
court may correct even unassigned errors.
It is different in a civil case wherein an unassigned error will not be considered by
the appellate court unless such error affects the jurisdiction or the validity of
judgment appealed from.

The accused shall enjoy the right to have a speedy, impartial and public trial.

PURPOSE: to assure that an innocent person may be free from the anxiety and
expense of a court litigation or, if otherwise, of having his guilt determined within
the shortest possible time compatible with the presentation and consideration of
whatsoever legitimate defense he may interpose.

The right to speedy disposition of cases is considered violated only when the
proceedings are attended by vexatious, capricious, and oppressive delays.

REMEDY: The court may dismiss a criminal case on a motion nolle prosequi.

As a general principle, rules prescribing the time within which certain acts must be
done, or certain proceedings taken, are considered absolutely indispensable to the
prevention of needless delays and the orderly and speedy discharge of judicial
business.

However, in spite of the prescribed time limits, jurisprudence continues to adopt

the view that the concept of "speedy trial" is a relative term and must necessarily be
a flexible concept and that while justice is administered with dispatch, the essential
ingredient is orderly, expeditious and not mere speed.
 RULE 116
Arraignment and Plea
Section 1. Arraignment and plea; how made. —
(a) The accused must be arraigned before the court where the complaint or
information was filed or assigned for trial.
The arraignment shall be made in open court by the judge or clerk by
furnishing the accused with a copy of the complaint or information, reading the
same in the language or dialect known to him, and asking him whether he pleads
guilty or not guilty.
The prosecution may call at the trial witnesses other than those named in the
complaint or information.
(b) The accused must be present at the arraignment and must personally enter his
plea. Both arraignment and plea shall be made of record, but failure to do so shall
not affect the validity of the proceedings.
(c) When the accused refuses to plead or makes a conditional plea, a plea of not
guilty shall be entered for him.
(d) When the accused pleads guilty but presents exculpatory evidence, his plea
shall be deemed withdrawn and a plea of not guilty shall be entered for him.
(e) When 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 (3)
days from the filing of the information or complaint. The accused shall be
arraigned within ten (10) days from the date of the raffle. The pre-trial conference
of his case shall be held within ten (10) days after arraignment.
(f) The private offended party shall be required to appear at the arraignment for
purposes of plea bargaining, determination of civil liability, and other matters
requiring his presence.
In case of failure of the offended party to appear despite due notice, the court
may allow the accused to enter a plea of guilty to a lesser offense which is
necessarily included in the offense charged with the conformity of the trial
prosecutor alone.
(g) Unless a shorter period is provided by special law or Supreme Court circular,
the arraignment shall be held within thirty (30) days from the date the court
acquires jurisdiction over the person of the accused. The time of the pendency of a
motion to quash or for a bill of particulars or other causes justifying suspension of
the arraignment shall be excluded in computing the period.
PURPOSE: to apprise the accused of the possible loss of freedom, even of his life,
depending on the nature of the crime imputed to him, or at the very least to inform
him of why the prosecuting arm of the State is mobilized against him.
Without a prior arraignment, the accused cannot invoke double jeopardy.
DOUBLE JEOPARDY – the prosecution of a person twice for the same offense.
ARRAIGNMENT
WHAT Arraignment is the formal mode and manner of implementing
the constitutional right of an accused to be informed of the
nature and cause of the accusation against him. It consists
of the judge’s or the clerk of court’s reading of the criminal
complaint or information to the defendant.
WHERE Before the court where the complaint or information was filed
or assigned for trial.
HOW In open court by the judge or the clerk by furnishing the
accused with a copy of the complaint or information, reading
the same in the language or dialect known to him, and
asking him whether he pleads guilty or not guilty.
WHEN Held within 30 days from the date the court acquires
jurisdiction over the person of the accused, unless a shorter
period is provided by a special law or a Supreme Court
Circular.
In computing the period, the following shall be excluded:
a) The time of the pendency of the motion to quash;
b) The time for the pendency of a bill of particulars;
c) Other causes justifying suspension of the arraignment.
Under the Speedy Trial Act of 1998, where a plea of not guilty
is entered, the accused shall have at least 15 days to prepare
for trial. Trial shall commence within 30 days from
arraignment as fixed by court.
OPTIONS OF THE ACCUSED BEFORE ARRAIGNMENT AND PLEA
(1) Bill of particulars (Sec. 9)
(2) Suspension of arraignment (Sec. 11)
(3) Motion to quash (Rule 117)
(4) Challenge the validity of arrest or legality of the warrant issued or assail the
regularity or question the absence of a preliminary investigation of the charge
The principle that the accused is precluded from questioning the legality of his
arrest AFTER arraignment is true only if he voluntarily enters his plea and
participates during the trial, without previously invoking his objections thereto.
The arraignment of the accused constitutes a waiver of the right to preliminary
investigation or reinvestigation. Such waiver is tantamount to a finding of probable
cause.
A plea made before a court that has no jurisdiction over the criminal action does
NOT give rise to double jeopardy.
Q: May arraignment be made after a case has been submitted for decision?
A: YES.
PRESENCE OF THE PARTIES IN THE ARRAIGNMENT
(1) Accused – must be present and must personally enter his plea.
(2) Offended party – shall be required to appear at the arraignment for the
following purposes:
a. Plea bargaining;
b. Determination of civil liability; and
c. Other matters requiring his presence
In case the offended party fails to appear despite due notice, the court may allow
the accused to enter a plea of guilt to a lesser offense which is necessarily included
in the offense charged with the conformity of the trial prosecutor alone.
ARRAIGNMENT UNDER AMENDED INFORMATION; SUBSTITUTED
INFORMATION
(1) SUBSTANTIAL AMENDMENT - Where the accused has been already arraigned
and subsequently, the information was substantially amended, an arraignment
on the amended information is MANDATORY because the accused has the
constitutional right to be informed of the accusation against him. If he is not
arraigned and is convicted under the second information, the conviction
constitutes reversible error.
(2) FORMAL AMENDMENT – where the amendment is only as to form, there is NO
need for another preliminary investigation and the retaking of the plea of the
accused.
(3) SUBSTITUTED INFORMATION – another preliminary investigation is entailed
and the accused has to plead anew to the new information.
Section 2. Plea of guilty to a lesser offense. — At arraignment, the accused, with
the consent of the offended party and the prosecutor, may be allowed by the trial
court to plead guilty to a lesser offense which is necessarily included in the offense
charged. After arraignment but before trial, the accused may still be allowed to
plead guilty to said lesser offense after withdrawing his plea of not guilty. No
amendment of the complaint or information is necessary.
PLEA BARGAINING – is a process whereby the accused and the prosecution work a
mutually satisfactory disposition of the case subject to court approval. It usually
involves the defendant’s pleading 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 for
the graver charge.
REQUSITIES FOR A PLEA OF GUILTY TO A LESSER OFFENSE
(1) The lesser offense is necessarily included in the offense charged; and
(2) The plea must be with the consent of both the offended party and the
prosecutor.
The consent of the offended party will not be required if said party, despite due
notice, fails to appear during the arraignment.
The acceptance of an offer to plead guilty to a lesser offense is not demandable by
the accused as matter of right but is a matter addressed entirely to the sound
discretion of the trial court. The rules used the word may in the second sentence of
Sec. 2, denoting an exercise of discretion upon the trial court on whether to allow
the accused to make such plea.
An offense may be said to necessarily include another when some of the essential
elements or ingredients of the former as alleged in the complaint or information
constitute the latter — and vice versa, an offense may be said to be necessarily
included in another when the essential ingredients of the former constitute or form
part of those constituting the latter.
PLEA OF GUILTY TO A LESSER OFFENSE AFTER ARRAIGNMENT
Ordinarily, plea bargaining is considered during the pre-trial stage of the
proceedings. However, it may also be considered during the trial proper and even
after the prosecution has finished presenting and rested its case.
After the arraignment, a plea of guilty to a lesser offense may still be allowed
provided the following requisites are present:
(a) The plea of guilty is withdrawn;
(b) The plea of not guilty and the withdrawal of the previous guilty plea shall be
made before trial;
(c) The lesser offense is necessarily included in the offense charged; and
(d) The plea must have the consent of the prosecutor and the offended party. The
consent of the latter shall not be required if said party fails to appear during the
arraignment despite due notice. For this purpose, no amendment of the complaint
or information is necessary.
AMENDMENT OF INFORMATION OR COMPLAINT
When there is a plea to a lesser offense and the same was allowed by the court,
there is no need to amend the information or complaint. A conviction under this
plea shall be equivalent to a conviction of the offense charged for purposes of
double jeopardy.
WHEN PLEA OF GUILTY TO A LESSER OFFENSE IS NOT MITIGATING
A plea of guilty made AFTER arraignment and AFTER the trial had begun does not
entitle the accused to have such plea considered as mitigating.
EG. An information for murder qualified by treachery and evident premeditation
was filed against A. When first arraigned, he pleaded not guilty. During pre-trial, he
offered to plead guilty to the lesser offense of homicide. The prosecution rejected
such plead and later, A was found guilty for murder. A argues that he is entitled to
the mitigating circumstance of plea of guilty because he earlier pleaded guilty to the
lesser offense of homicide.
The Supreme Court disagreed, ruling that while A offered to plead guilty to the
lesser offense of homicide, he was charged with murder for which he had already
entered a plea of not guilty. An offer to enter a plea of guilty to a lesser offense
cannot be considered as mitigating circumstance because to be voluntary, the plea
of guilty must be to the offense charged.
WHEN A PLEA OF “NOT GUILTY” SHALL BE ENTERED
Aside from an actual plea of not guilty, a plea of not guilty shall be entered for the
accused if:
a) He refuses to plead;
b) He makes a conditional plea;
c) He pleads guilty but presents exculpatory evidence in which case the guilty
plea shall be withdrawn and a plea of not guilty shall be entered when he so
clearly pleads guilty
GR: A plea of guilty admits the truth of all the material facts alleged in the
information, including all the aggravating circumstances mentioned therein.
XPN TO THE ADMISSION OF AGGRAVATING CIRCUMSTANCES: If such
circumstances are disproved by the evidence, it should be disallowed in the
judgment.
EG. When an accused pleads guilty to the crime of parricide described in the
information as having been committed with the aggravating circumstances of
treachery and evident premeditation and his testimony given under oath before the
trial court fails to show the existence of such aggravating circumstances, his plea of
guilty shall be understood as being to the admission of having committed the crime
of parricide, not of having done so with treachery and evident premeditation.
Section 3. Plea of guilty to capital offense; reception of evidence. — When the
accused pleads guilty to a capital offense, the court shall conduct a searching
inquiry into the voluntariness and full comprehension of the consequences of his
plea and require the prosecution to prove his guilt and the precise degree of
culpability. The accused may present evidence in his behalf.
GUIDELINES OF A SEARCHING INQUIRY
(1) Ascertain from the accused himself:
(a) how he was brought into the custody of the law;
(b) whether he had the assistance of a competent counsel during the
custodial and preliminary investigations; and
(c) under what conditions he was detained and interrogated during the
investigations. This is accordingly intended to rule out the possibility that the
accused has been coerced or placed under a state of duress either by actual threats
of physical harm coming from malevolent quarters or simply because of the judge's
intimidating robes.
(2) Ask the defense counsel a series of questions as to whether he had conferred
with, and completely explained to, the accused the meaning and consequences of a
plea of guilty.
(3) Elicit information about the personality profile of the accused, such as his age,
socio-economic status, and educational background, which may serve as a trust-
worthy index of his capacity to give a free and informed plea of guilty.
(4) Inform the accused the exact length of imprisonment or nature of the penalty
under the law and the certainty that he will serve such sentence. For not in-
frequently, observed the Court, an accused pleads guilty in the hope of a lenient
treatment or upon bad advice or because of promises of the authorities or parties of
a lighter penalty should he admit guilt or express remorse. It is the duty of the
judge to ensure that the accused does not labor under these mistaken impressions
because a plea of guilty carries with it not only the admission of authorship of the
crime proper but also of the aggravating circumstances attending it, that increase
punishment.
(5) Inquire if the accused knows the crime with which he is charged and fully
explain to him the elements of the crime which is the basis of his indictment.
Failure of the court to do so would constitute a violation of his fundamental right to
be informed of the precise nature of the accusation against him and a denial of his
right to due process.
(6) All questions posed to the accused should be in a language known and
understood by the latter.
(7) The trial judge must satisfy himself that the accused, in pleading guilty, is truly
guilty. The accused must be required to narrate the tragedy or reenact the crime or
furnish its missing details.
While there is thus no hard and fast rule as to how a judge may conduct a
"searching inquiry" as long as the voluntary intent of the accused and his full
comprehension of the consequences of his plea are ascertained, the accused's plea
of guilt is to be sustained.
ACCUSED PLEADS GUILTY TO A CAPITAL OFFENSE
When the accused pleads guilty to a capital offense, it is not proper for the court to
immediately render judgment on the basis of the guilty plea. Instead, the court is
mandated to perform the following acts:
(a) To conduct a searching inquiry to ascertain (i) the voluntariness of the plea,
and (ii) to ascertain whether or not the accused has full comprehension of the
con- sequences of his plea;
(b) To require the prosecution to prove the following: (i) the guilt of the accused,
and (ii) the precise degree of his culpability; and
(c) To ask the accused if he wishes to present evidence and allow the accused to
present evidence in his be- half when he so desires.
The process is mandatory and absent any showing that it has been duly observed, a
searching inquiry cannot be said to have been aptly undertaken. A mere warning Section 5. Withdrawal of improvident plea of guilty. — At any time before the
that the accused faces the supreme penalty of death is insufficient. judgment of conviction becomes final, the court may permit an improvident plea of
guilty to be withdrawn and be substituted by a plea of not guilty.
The tenor of the rule clearly precludes the court from determining the guilt of the
accused from his plea of guilty even if the court has ascertained that the plea was IMPROVIDENT PLEA OF GUILTY
voluntary and with full comprehension of the consequences of the plea. The court
shall still require the prosecution to prove the guilt of the accused and the precise
Where the trial court failed in its duty to conduct the prescribed “searching inquiry”
degree of his culpability.
into the voluntariness of the accused’s plea of guilty and full comprehension
thereof, the plea of guilty is deemed improvidently and rendered inefficacious.
The essence of a plea of guilty is that the accused admits his guilt freely, voluntarily
and with full knowledge and understanding of the precise nature of the crime
When there is an improvident plea of guilty, it does not mean that the case should
charged in the information as well as the consequences of his plea. It is an
be remanded to the trial court. This course of action is appropriate only when the
unconditional admission of guilt with respect to the offense charged.
appellant’s guilty plea was the sole basis for his conviction.

CONDITIONS THAT THE TRIAL COURT MUST OBSERVE TO OBVIATE AN

If the trial court relied on sufficient and credible evidence in finding the accused
IMPROVIDENT PLEA OF GUILTY BY THE ACCUSED
guilty, the judgment must be sustained.

(1) It must conduct a searching inquiry into the voluntariness and full
Convictions based on an improvident plea of guilty are set aside only if such plea is
comprehension by the accused of the consequences of his plea;
the sole basis of the judgment.
(2) It must require the prosecution to present evidence to prove the guilt of the
accused and the precise degree of his culpability; and
(3) It must ask the accused whether he desires to present evidence on his behalf, An improvident plea of guilty may be withdrawn even during trial or even after
and allow him to do so if he so desires. judgment, provided:

Even in cases in which the accused pleads guilty to a capital offense, the (a) The withdrawal is made prior to the finality of the judgment of conviction,
prosecution is still required to present evidence to prove his guilt and the precise and
degree of his culpability. (b) The withdrawal is permitted by the court

Notwithstanding the plea of guilt, evidence must be adduced to determine the When withdrawn, the previous plea of guilty shall be substituted by a plea of not
precise participation of the accused in the perpetuation of the capital offense – guilty.
whether as principal, accomplice or accessory – as well as the presence or absence
of modifying circumstances. Section 6. Duty of court to inform accused of his right to counsel. — Before
arraignment, the court shall inform the accused of his right to counsel and ask
Section 4. Plea of guilty to non-capital offense; reception of him if he desires to have one. Unless the accused is allowed to defend himself in
evidence, discretionary. — When the accused pleads guilty to a non-capital person or has employed a counsel of his choice, the court must assign a
offense, the court may receive evidence from the parties to determine the penalty counsel de oficio to defend him.
to be imposed.
DUTY OF THE COURT BEFORE ARRAIGNMENT
Note that the duty imposed upon the court in this section is not as stringent as the
duty imposed upon it when the accused pleads guilty to a capital offense. BEFORE ARRAIGNMENT, the court shall:

It was ruled that when the accused did not plea guilty to a capital offense, he a) Inform the accused of his right to counsel;
cannot invoke Sec. 3 of Rule 116 requiring the court to conduct a searching inquiry b) Ask him if he desires to have one;
into the voluntariness and full comprehension of the consequences of his plea. c) Assign a counsel de officio to defend him unless the accused
a. Is allowed to defend himself in person, or
There is no rule which provides that simply because the accused pleaded guilty to b. Has employed a counsel of his own choice.
the charge that his conviction automatically follows.
This duty is mandatory and the only instance when the court can arraign without
When the accused pleads guilty to a non-capital offense, the court may receive the benefit of counsel is if the accused waives such right and the court allows him
evidence from the parties to determine the penalty to be imposed. to represent himself in person.
Section 7. Appointment of counsel de oficio. — The court, considering the gravity
of the offense and the difficulty of the questions that may arise, shall appoint as
counsel de oficio only such members of the bar in good standing who, by reason of
their experience and ability, can competently defend the accused. But in localities
where such members of the bar are not available, the court may appoint any
person, resident of the province and of good repute for probity and ability, to
defend the accused.
The court shall appoint as counsel de officio members of the bar in good standing
who, by reason of their experience and ability, can competently defend the accused.
In localities where members of the bar are not available, the court may appoint any
person, resident of the province and of good repute for probity and ability, to defend
the accused.
Section 8. Time for counsel de oficio to prepare for arraignment. — Whenever a
counsel de oficio is appointed by the court to defend the accused at the
arraignment, he shall be given a reasonable time to consult with the accused as to
his plea before proceeding with the arraignment.
The counsel de officio shall be given a reasonable time to consult with the accused
as to his plea before proceeding with the arraignment.
Section 9. Bill of particulars. — The accused may, before arraignment, move for a
bill of particulars to enable him properly to plead and to prepare for trial. The
motion shall specify the alleged defects of the complaint or information and the
details desired.
BILL OF PARTICULARS - submitted when there are ambiguities that need to be
clarified.
The accused may, BEFORE ARRAIGNMENT, move for a bill of particulars.
PURPOSE: to enable him to properly plead and prepare for trial.
The motion shall:
(a) Specify the alleged defects of the complaint or information, and shall
(b) Specify the details desired
Section 10. Production or inspection of material evidence in possession of
prosecution. — Upon motion of the accused showing good cause and with notice
to the parties, the court, in order to prevent surprise, suppression, or alteration,
may order the prosecution to produce and permit the inspection and copying or
photographing of any written statement given by the complainant and other
witnesses in any investigation of the offense conducted by the prosecution or other
investigating officers, as well as any designated documents, papers, books,
accounts, letters, photographs, objects or tangible things not otherwise privileged,
which constitute or contain evidence material to any matter involved in the case
and which are in the possession or under the control of the prosecution, police, or
other law investigating agencies.
Rule 116 allows a mode of discovery aside from those allowed in other parts of the
Rules of Court (Depositions Pending Action, Depositions Before Action or Pending
Appeal, Interrogatories to Parties, Admission by Adverse Party, Production and
Inspection of Documents or Things, Physical and Mental Examination of Parties).
PURPOSE: to prevent surprise, suppression or alteration of the evidence
This section authorizes the court to issue an order to the prosecution to produce
and permit the inspection and copying or photographing of:
(1) any written statement given by the complainant and other witnesses in any
investigation of the offense conducted by the prosecution or other investigating
officers, and
(2) any designated documents, papers, books, accounts, letters, photographs,
objects or tangible things not otherwise privileged
These must constitute or contain evidence relevant to any matter involved in the
case and which are in the possession or under the control of the prosecution, police
or other law investigating agencies.
The production and inspection shall be allowed upon motion of the accused with
notice to the parties.
Section 11. Suspension of arraignment. — Upon motion by the proper party, the
arraignment shall be suspended in the following cases:
(a) The accused appears to be suffering from an unsound mental condition which
effective renders him unable to fully understand the charge against him and to
plead intelligently thereto. In such case, the court shall order his mental
examination and, if necessary, his confinement for such purpose;
(b) There exists a prejudicial question; and
(c) A petition for review of the resolution of the prosecutor is pending at either the
Department of Justice, or the Office of the President; provided, that the period of
suspension shall not exceed sixty (60) days counted from the filing of the petition
with the reviewing office.
This is one of the 4 options of an accused before arraignment and plea.
Suspension of arraignment may be done upon motion and in the following cases:
a) The accused appears to be mentally unsound;
NOTE: Aside from suspension of arraignment, the trial court is mandated to
order the confinement of an accused who is mentally unsound at the time of
the trial in one of the hospitals or asylums established for persons thus
afflicted.
b) There is a prejudicial question – exists when a previously instituted civil action RULE 117
has for its issue similar and intimately related to that of the subsequently filed Motion to Quash
criminal action, the resolution of which determines whether or not the
criminal case should proceed.
Section 1. Time to move to quash. — At any time before entering his plea, the
c) There is a petition for review of the resolution of the prosecutor pending in the
accused may move to quash the complaint or information.
DOJ or Office of the President. The period of suspension shall NOT exceed 60
days counted from the filing of the petition with the reviewing office.
TIME FOR FILING THE MOTION TO QUASH
With the arraignment of the accused, the DOJ Secretary can no longer entertain the The motion to quash may be made at any time before the accused enters his plea.
appeal or petition for review because petitioner had already waived or abandoned
the same. NOTE: The existence of a valid ground for sustaining a motion to quash will not
necessarily result in the dismissal of the information or complaint.

NOTE: Quashal of information does not necessarily mean its dismissal. When a
motion to quash is sustained, the court may order that another complaint or
information be filed under the conditions set for in this Rule.

REMEDY IF MOTION TO QUASH IS DENIED: Parties go to trial, without prejudice

to reiterating the special defenses invoked in their motion to quash.

NOTE: Certiorari is not available as a remedy unless there’s a GADALEJ on the

part of the investigating prosecutor or other officer authorized by law to conduct
preliminary investigation.

Section 2. Form and contents. — The motion to quash shall be in writing, signed
by the accused or his counsel and shall distinctly specify its factual and legal
grounds. The court shall consider no ground other than those stated in the
motion, except lack of jurisdiction over the offense charged.

FORM AND CONTENTS OF THE MOTION TO QUASH

(a) In writing;
(b) Signed by the accused or his counsel;
(c) Distinctly specify the factual and legal grounds of the motion.

GR: The court shall consider no ground other than those stated in the motion.
XPN: Court can consider lack of jurisdiction over the offense charged as a motion
even if it is not stated in the motion to quash.
 MOTION TO QUASH v. DEMURRER TO EVIDENCE (2) Since motion to quash shall distinctly specify both legal and factual grounds,
facts outside the information itself may be introduced to prove such grounds.
(3) Where the officer who filed the information has no authority to do so, the
MOTION TO QUASH DEMURRER TO EVIDENCE
information is indeed defective and could not sustain a conviction.
WHEN TO Filed before the Filed after the prosecution rests its case;
FILE accused enters a it presupposes that the accused has
plea already entered his plea and is in fact EXAMPLE: The Court found that an information was filed by the City Prosecutor of
already going through a trial Cauayan City for a crime committed in Santiago, Isabela. The Court ruled that the
LEAVE Does not require May be filed either with or without leave City Prosecutor had no authority to file an information in a place beyond the
OF leave of court for of court jurisdiction of his office. It is the Provincial Prosecutor of Isabela, not the City
COURT filing Prosecutor who should prepare the information for an offense committed within
GROUNDS 9 grounds under Ground is “insufficiency of evidence”. Isabela but outside of Cauayan City. An information, when required to be filed by a
Section 3 public prosecuting officer, cannot be filed by another. It must be exhibited or
BASIS OF The ground may be A demurrer to evidence would presented by the prosecuting attorney or someone authorized by law. If not, the
GROUND based on matters necessarily be predicated upon matters court does not acquire jurisdiction.
found on the face of outside of the complaint or information
the complaint or such as the evidence or lack of it. NOT GROUNDS:
information. (1) Execution of an affidavit of desistance.
WHEN When a motion to The grant of demurrer to evidence is (2) Absence of probable cause.
GRANTED quash is granted, a deemed an acquittal and would preclude (3) Matters of defense.
dismissal of the case the filing of another information or an (4) Absence of a preliminary investigation.
will NOT necessarily appeal by the prosecution.
follow. Section 4. Amendment of the complaint or information. — If the motion to
WHEN If the motion to The order denying the motion for leave to quash is based on an alleged defect of the complaint or information which can
DENIED quash is denied file a demurrer “shall not be reviewable be cured by amendment, the court shall order that an amendment be made.
because the court by appeal or by certiorari before
acts with GADALEJ, judgment.”
If it is based on the ground that the facts charged do not constitute an offense,
certiorari or
the prosecution shall be given by the court an opportunity to correct the defect
prohibition may be
by amendment. The motion shall be granted if the prosecution fails to make the
filed.
amendment, or the complaint or information still suffers from the same defect
despite the amendment.
Section 3. Grounds. — The accused may move to quash the complaint or
information on any of the following grounds:
RULES ON AMENDMENT:
(a) That the facts charged do not constitute an offense;
(b) That the court trying the case has no jurisdiction over the offense charged; (1) If the motion to quash is based on the alleged defect of the complaint or
(c) That the court trying the case has no jurisdiction over the person of the information, and the defect can be cured, the court shall order that an
accused; amendment be made.
(d) That the officer who filed the information had no authority to do so; (2) If the motion is based on the ground that the facts charged do not constitute
(e) That it does not conform substantially to the prescribed form; an offense, the court shall give the prosecution an opportunity to correct the
(f) That more than one offense is charged except when a single punishment for defect by amendment.
various offenses is prescribed by law;
(g) That the criminal action or liability has been extinguished; EFFECT if the prosecution:
(h) That it contains averments which, if true, would constitute a legal excuse
or justification; and (a) fails to make the amendment, or
(i) That the accused has been previously convicted or acquitted of the offense (b) if despite the amendment, the complaint or information still
charged, or the case against him was dismissed or otherwise terminated suffers from the same defect
without his express consent.
The court shall grant the motion to quash.
NOTES:
NOTE: Even if an information may be defective because the facts charged do not
(1) The determinative test in appreciating a motion to quash is the sufficiency of constitute an offense, the dismissal of the case will not necessarily follow. The
the averments in the information, that is, whether the facts alleged would prosecution should be given a chance to correct the defect and the court can order
establish the essential elements of the offense as defined by law. the dismissal only upon the prosecution's failure to do so. It would constitute an
arbitrary exercise of power correctible by certiorari if the trial court would not
provide the prosecution the opportunity to correct the defect.
Section 5. Effect of sustaining the motion to quash. — If the motion to quash
is sustained, the court may order that another complaint or information be
filed except as provided in section 6 of this rule. If the order is made, the
accused, if in custody, shall not be discharged unless admitted to bail. If no
order is made or if having been made, no new information is filed within the
time specified in the order or within such further time as the court may allow
for good cause, the accused, if in custody, shall be discharged unless he is
also in custody for another charge.
EFFECT OF SUSTAINING THE MOTION TO QUASH: the court may order that
another complaint or information be filed.
XPN: Ground relied upon is either (a) extinction of the criminal liability, or (b) on
the ground of double jeopardy as provided in Sec. 6, Rule 117.
REASON: An order sustaining a motion to quash is not a bar to another
prosecution for the same offense unless based on the ground that the criminal
liability has been extinguished or double jeopardy.
RULES:
(1) There’s an order - the accused who may be in custody, shall not be discharged
or released, except if he is admitted to bail.
(2) There’s no order or if such order is made but no new complaint or information
is filed within the time specified in the order - the accused, if in custody shall
be discharged.
NOTE: He shall however, not be discharged if he is in custody for another charge.
Section 6. Order sustaining the motion to quash not a bar to another
prosecution; exception. — An order sustaining the motion to quash is not a
bar to another prosecution for the same offense unless the motion was based
on the grounds specified in section 3 (g) and (i) of this Rule.
GR: An order sustaining a motion to quash is not a bar to another prosecution for
the same offense.
XPN: If the motion to quash is based on the ground that:
(1) the criminal liability has been extinguished or
(2) the accused has been previously convicted or acquitted or the offense
charged, or the case against him was dismissed or otherwise terminated
without his express consent (double jeopardy).
Section 7. Former conviction or acquittal; double jeopardy. — When an
accused has been convicted or acquitted, or the case against him dismissed
or otherwise terminated without his express consent by a court of competent
jurisdiction, upon a valid complaint or information or other formal charge
sufficient in form and substance to sustain a conviction and after the
accused had pleaded to the charge, the conviction or acquittal of the accused
or the dismissal of the case shall be a bar to another prosecution for the
offense charged, or for any attempt to commit the same or frustration
thereof, or for any offense which necessarily includes or is necessarily
included in the offense charged in the former complaint or information.
However, the conviction of the accused shall not be a bar to another
prosecution for an offense which necessarily includes the offense charged in
the former complaint or information under any of the following instances:
(a) the graver offense developed due to supervening facts arising from the
same act or omission constituting the former charge;
(b) the facts constituting the graver charge became known or were discovered
only after a plea was entered in the former complaint or information; or
(c) the plea of guilty to the lesser offense was made without the consent of
the prosecutor and of the offended party except as provided in section 1 (f) of
Rule 116.
In any of the foregoing cases, where the accused satisfies or serves in whole
or in part the judgment, he shall be credited with the same in the event of
conviction for the graver offense.
DOUBLE JEOPARDY (Sec. 21, Article III, 1987 Constitution)
“No person shall be twice put in jeopardy of punishment for the same offense. If an
act is punished by law or an ordinance, conviction or acquittal under each shall
constitute a bar to another prosecution for the same act.”
JEOPARDY – is the danger of conviction and punishment which the defendant in a
criminal action incurs when a valid indictment has been found.
NOTE: The constitution does not prohibit placing a person in jeopardy. What it
prohibits is putting an accused in "double jeopardy" in which he is put in danger of
punishment for the same offense more than once.
DOUBLE JEOPARDY – refers to jeopardy of punishment for the same offense,
suggesting that double jeopardy presupposes two separate criminal offenses. It is
also called “res judicata in prison grey”.
NOTE: Res judicata is a doctrine of civil law and thus has no bearing on criminal
proceedings even if double jeopardy has been described as “res judicata in prison
grey”.
REASON FOR PROHIBITION OF DOUBLE JEOPARDY: Permitting the sovereign
freely to subject the citizen to a second judgment for the same offense would arm
the government with a potent instrument for oppression. Thus, the absolute and
inflexible rule is that the State is proscribed from appealing the judgment of
acquittal through either a regular appeal under Rule 41 of the Rules of Court, or an
appeal by certiorari on pure questions of law under Rule 45 of the same Rules.
EXAMPLE: If the accused has been acquitted of frustrated homicide, he can longer
be accused of the same offense or of an offense necessarily included in frustrated
homicide like attempted homicide. Similarly, a person convicted of attempted
homicide can no longer be tried under an information for frustrated homicide
because the second offense includes the offense charged in the first information.
EFFECT OF DOUBLE JEOPARDY
The conviction or acquittal of the accused or the dismissal of the case shall be a bar
to another prosecution for the offense charged, or for any attempt to commit the
same or frustration thereof, or for any offense which necessarily includes or is
necessarily included in the offense charged in the former complaint or information.
FINALITY-OF-ACQUITTAL DOCTRINE
An acquittal rendered by a court of competent jurisdiction after trial on the merits
is immediately final; it cannot be appealed and is no longer reviewable. It is also
immediately executory.
The accused may appeal from a judgment of conviction but when the accused
appeals from the sentence of the trial court, he waives his right to the constitutional
safeguard against double jeopardy and throws the whole case open to review by the
appellate court.
Also, when an accused himself files or consents to the filing of a motion for
reconsideration of the judgment against him, double jeopardy cannot be invoked by
him because by filing the motion, he waived his right not to be placed in double
jeopardy
GR: An acquittal, whether ordered by the trial or appellate court, is final and
unappealable on the ground of double jeopardy.
XPN: When the trial court acted with grave abuse of discretion or, when there was
mistrial.
Q: May an erroneous acquittal be cured without offending the principle against
double jeopardy?
A: YES. A judgment rendered with grave abuse of discretion or without due process
of law is void, does not exist in legal contemplation and thus, cannot be the source
of an acquittal.
NOTE: While the prosecution cannot appeal from a judgment of acquittal as it
would place the accused in double jeopardy, the aggrieved party who may be the
offended party or the accused or both may appeal from the judgment on the civil
aspect of the case.
REASON: The offended party and the accused may appeal the civil aspect of a
judgment because the concept of double jeop- ardy evidently has reference only to a
criminal case and has no effect on the civil liability of the accused.
REQUISITES OF DOUBLE JEOPARDY:
(1) A first jeopardy must have attached prior to the second;
(2) The first jeopardy must have been validly terminated;
(3) The second jeopardy must be for the same offense or the second offense
includes or is necessarily included in the offense charged in the first
information, or is an attempt to commit the same or a frustration thereof.
In determining when the first jeopardy may be said to have attached, these
elements must be proved:
(a) The accused has been convicted or acquitted, or the case against him was
dismissed or terminated without his express consent;
(b) The conviction, acquittal or dismissal was made by a court of competent
jurisdiction;
EXAMPLE: A criminal action for robbery that occurred in the City of Makati was
filed in a Quezon City court. Because the Quezon City court realized that it had no
jurisdiction over the action, it dismissed the case over the objections of the accused.
A subsequent information filed before the proper Makati court will not successfully
give rise to a defense anchored on double jeopardy because the first court, the
Quezon City court had no jurisdiction over the case. Hence, no jeopardy attached
when the case was filed in Quezon City.
(c) There is a valid complaint or information or other formal charge is sufficient
in form and substance to sustain a conviction;
(d) The accused has pleaded to the charge.
NOTE: This is governed by the rule on arraignment and plea.
NOTES:
(1) The filing of a complaint or information with one court which has no
jurisdiction over it does not prevent the prosecution from filing the same
complaint later with the competent court.
(2) Double jeopardy is not applicable in administrative cases. It attaches only (1)
upon a valid indictment; (2) before a competent court; (3) after arraignment; (4)
when a valid plea has been entered; and (5) when the defendant was acquitted
or convicted, or the case was dismissed or otherwise terminated.
(3) For double jeopardy to be invoked, there must be a valid complaint or
information or formal charge sufficient in form and substance to sustain a
conviction. If it could not sustain the conviction desired, then the charge is not
a valid one which would preclude double jeopardy.
(4) A complaint or information may not be considered valid if it does not contain
the basic requisites for the sufficiency of a complaint under Sec. 6 Rule 110.
(5) Double jeopardy cannot be invoked where the accused had not been arraigned.
(6) For double jeopardy to attach, the plea must be valid.
(7) For the accused to invoke double jeopardy, it must be shown that in prior
charge, he had been either convicted or acquitted. He may also show that the
case against him had been dismissed or terminated without his express
consent.
(8) The mere filing of two informations or complaints charging the same offense
does not yet afford the accused in those cases the occasion to complain that he
is being placed in jeopardy twice for the same offense because he was not yet
convicted or acquitted.
DISMISSAL OR TERMINATION MUST BE WITHOUT THE EXPRESS CONSENT
OF THE ACCUSED
The assent of the accused to the dismissal is the operative act that precludes the
effects of double jeopardy from setting in, so that despite the permanency of the
dismissal due to the lapse of the periods set forth in Sec. 8, the refiling of a case
under a new information does not trample upon this doctrine.
The consent that would preclude another prosecution in order to be deemed an
express one should "positive, direct, unequivocal and requiring no inference or
implication to supply its meaning".
CASE ILLUSTRATION:
Before his arraignment, the accused sought the permission of the court to travel
abroad pending the results of the reinvestigation of his cases before the
Ombudsman. Before granting permission, the court required that the accused be
conditionally arraigned. The accused was arraigned and pleaded not guilty and the
court granted his Motion to Travel.
Subsequently, the Ombudsman moved to withdraw ex parte the two cases against
the accused. The court granted the motion to withdraw.
When the cases were sought to be reinstated for malversation, the accused filed a
motion to quash invoking double jeopardy and arguing that he had already been
arraigned in the previous estafa cases and that the withdrawal of those cases had
been granted without his express consent.
The SC ruled that since the dismissal was secured by the People without the
express consent of the accused, there is no waiver of the right against double
jeopardy in the case. (People v. Espinosa)
DOUBLE JEOPARDY ON QUASI OFFENSES
CASE ILLUSTRATION:
The two charges against Ivler arose from the same facts and were prosecuted under
the same provision of Art. 365 of the Revised Penal Code which defines and
penalizes quasi-offenses. The doctrine is that reckless imprudence under Art. 365 is
a single quasi-offense by itself and not merely a means to commit other crimes.
Hence, conviction or acquittal of such quasi-offense bars subsequent prosecution
for the same quasi-offense, regardless of its various resulting acts. (Ivler v. Modesto-
San Pedro)
WHEN DOUBLE JEOPARDY SHALL NOT APPLY DESPITE A PRIOR CONVICTION
GR: The rule against double jeopardy precludes another prosecution "for any
attempt to commit the same or frustration thereof, or for any offense which
necessarily includes or is necessarily included in the offense charged."
XPN: The conviction of the accused shall not be a bar to a graver offense (an offense
which necessarily includes the offense charged in the former complaint or
information) under any of the following instances:
(a) the graver offense developed due to supervening facts arising from the same
act or omission constituting the former charge;
(b) the facts constituting the graver charge became known or were discovered
only after a plea was entered in the former complaint or information;
(c) the plea of guilty to a lesser offense was made without the consent of the
prosecutor and of the offended party except as otherwise provided in Sec. 1(f) of
Rule 116.
NOTE: If the accused has already served in whole or in part the judgment under
the previous complaint or information, he shall be credited with the same in the
event of conviction for the graver offense (Sec. 7, Rule 117, Rules of Court).
EXAMPLE: If the accused had been convicted of serious physical injuries but after
the conviction, the victim died as a result of the very same injuries for which the
accused was convicted, double jeopardy cannot be raised as a defense because of
Sec. 7(a) ofRule 117. For this provision to apply the graver offense which
"supervened" must have arisen out of the same act constituting the former charge.
Double jeopardy does not exist because one cannot be in jeopardy for an offense
which did not as yet exist at the time of the filing of the first information (See U.S.
v. Diaz, 15 Phil. 123).
xxx
SAME OFFENSE - the offense charged, or an attempt to commit it or a frustrated
stage thereof, or any offense which necessarily includes or is necessarily included
in the offense charged in the former complaint or information.
NOTE: Where two different laws (or articles of the same code) define two crimes,
prior jeopardy as to one of them is no obstacle to a prosecution of the other,
although both offenses arise from the same facts, if each crime involves some
important act which is not an essential element of the other.
NOTE: Even if the case arose out of the same incident or transaction, the dismissal
of one case would not constitute double jeopardy against the caused in the other
case if the quantum of evidence required to sustain both cases are not similar.
EXAMPLE: A prosecution under Art. 171 of the Revised Penal Code and under Sec.
3(e) of R.A. 3019 would not infringe the rule against double jeopardy because a
comparison of the elements of the crime of falsification of a public document,
provided for in Art. 171 and those of violation of Section 3(e) of R.A. 3019 shows
that there is neither identity nor exclusive inclusion between the offenses.
Among others, the latter case requires the element of damage while in Falsification
of Public Document, damage is of no consequence.
EXAMPLES OF IDENTICAL ACTS BUT CONSTITUTE DIFFERENT OFFENSES:
(1) Theft of electricity under RPC and violation of P.D. 401.
(2) Illegal recruitment and estafa (illegal recruitment is malum prohibitum, while
estafa is malum in se).
(3) Violation of B.P. Big. 22 and estafa.
(4) Direct bribery under Art. 210 of RPC and those of violation of Section 3(b) of
R.A. 3019.
NOTE: Jurisprudence has established that not every dismissal with the consent of
the accused would preclude the invocation of the protection against double
jeopardy.
Section 8. Provisional dismissal. — A case shall not be provisionally
dismissed except with the express consent of the accused and with notice to
the offended party.
The provisional dismissal of offenses punishable by imprisonment not
exceeding six (6) years or a fine of any amount, or both, shall become
permanent one (1) year after issuance of the order without the case having
been revived. With respect to offenses punishable by imprisonment of more
than six (6) years, their provisional dismissal shall become permanent two
(2) years after issuance of the order without the case having been revived.
PROVISIONAL DISMISSAL - contemplates that the dismissal of the criminal action
is not permanent and can be revived within the period set by the Rules of Court.
GR: A case shall not be provisionally dismissed.
XPN: (1) There’s an express consent of the accused and (2) with notice to the
offended party.
NOTE: The requirement that there be an "express consent of the accused" is
obviously intended to prevent any objection based on the rule on double jeopardy
when the provisionally dismissed case is revived. Note that under Sec. 7 of Rule
117, double jeopardy will apply only if the case is dismissed without the express
consent of the accused.
2nd paragraph – TIME BAR RULE
The "time-bar" requires compliance with the requisites mandated by the first
paragraph. Thus, for a case to be provisionally dismissed, that is, for the case to be
considered as having been provisionally dismissed, the following requisites
mentioned in the first paragraph should concur:
(a) There must be express consent of the accused;
(b) There must be notice to the offended party.
EFFECT OF NONCOMPLIANCE WITH THE REQUISITES: the case may be revived
even after the periods subject to the defense of prescription or the defense of double
jeopardy.
NOTE: The time-bar is a limitation of the right of the State to revive a criminal case
against the accused after the Information had been filed but subsequently
provisionally dismissed with the express consent of the accused.
Upon the lapse of the timeline under the new rule, the State is presumed to have
abandoned or waived its right to revive the case and prosecute the accused. The
dismissal becomes ipso facto permanent. He can no longer be charged anew for the
same crime or another crime necessarily included therein.
The State may revive a criminal case beyond the one-year or two-year periods
provided that there is a justifiable necessity for the delay (People v. Lacson, G.R. No.
149453, April 1, 2003).
WHEN PROVISIONAL DISMISSAL BECOMES PERMANENT
The dismissal shall become permanent if:
(a) the case is not revived within 1 year after the issuance of the order of
provisional dismissal with respect to offenses punishable by imprisonment not
exceeding 6 years or a fine of any amount or both; or
(b) the case is not revived within 2 years after the issuance of the order of
provisional dismissal with respect to offenses punishable by imprisonment of more
than 6 years.
Thus, within the periods stated, the prosecution has to revive the case if it desires
to prevent the provisional dismissal becoming permanent and the revival of the case
being time-barred.
Section 9. Failure to move to quash or to allege any ground therefor. — The
failure of the accused to assert any ground of a motion to quash before he
pleads to the complaint or information, either because he did not file a motion
to quash or failed to allege the same in said motion, shall be deemed a waiver of
any objections based on the grounds provided for in paragraphs (a), (b), (g), and
(i) of section 3 of this Rule.
GR: Failure to assert any ground for motion to quash is deemed a waiver of any
objections.
XPN: These objections are not waived:
(a) that the facts charged do not constitute an offense.
(b) that the court trying the case has no jurisdiction over the offense charged.
(c) that the criminal action or liability has been extinguished; and
(d) double jeopardy.
NOTE: Failure of the accused to interpose an objection on the ground of duplicity of
the offense charged in the information constitutes waiver.
 RULE 118
Pre-Trial
Section 1. Pre-trial; mandatory 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 and within thirty (30)
days from the date the court acquires jurisdiction over the person of the
accused, unless a shorter period is provided for in special laws or circulars of
the Supreme Court, 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;
(e) modification of the order of trial if the accused admits the charge but
interposes a lawful defense; and
(f) such other matters as will promote a fair and expeditious trial of the
criminal and civil aspects of the case.
COURTS IN WHICH PRE-TRIAL IS MANDATORY
(1) Sandiganbayan
(2) RTC
(3) MeTC, MTCC, MTC, MCTC
MATTERS TO BE CONSIDERED DURING THE PRE-TRIAL
(1) Plea bargaining;
(2) Stipulation of facts;
(3) Marking for identification of evidence of the parties;
(4) Waiver of objections to admissibility of evidence;
(5) Modification of the order of trial if the accused admits the charge but
interposes a lawful defense;
(6) Such matters as will promote a fair and expeditious trial of the criminal
and civil aspects of the case.
WHEN PRE-TRIAL SHALL BE HELD: AFTER arraignment and within 30 days
from the date the court acquires jurisdiction over the person of the accused,
UNLESS a shorter period is provided for in special laws or circulars of the
Supreme Court.
After the arraignment, the Court shall set the pre- trial conference within thirty
(30) days from the date of arraignment, and issue an order containing the
following:
(a) Requiring the private offended party to appear for purposes of plea
bargaining and for other matters requiring his presence, except in cases for
violations of the Comprehensive Drugs Act of2002
(b) Referring 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 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
(c) 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.
In mediatiable cases, the judge shall refer the parties and their counsel to the
PMC unit for purposes of mediation if available.
DUTY OF THE BRANCH CLERK OF COURT
During the preliminary conference, the Branch Clerk of Court shall:
(1) Assist the parties in reaching a settlement of the civil aspect of the case;
(2) Mark the documents to be presented as exhibits and copies thereof
attached to the records after comparison;
(3) Ascertain from the parties the undisputed facts and admissions on the
genuineness and due execution of documents marked as exhibits, and
(4) Consider such other matters as may aid in the prompt disposition of the
case.
RECORDING OF THE MINUTES
The proceedings during the preliminary conference shall be recorded in the
Minutes of Preliminary Conference to be signed by both parties and counsel.
The minutes and the exhibits shall be attached by the Branch Clerk of Court to
the case record before the pre-trial (I- B[3], AM. No. 03-1-09-SC, July 13, 2004,
effective August 16, 2004).
DUTY OF THE JUDGE BEFORE THE PRE-TRIAL CONFERENCE
Before the pre-trial conference, the judge must study the allegations of the
information, the statements in the affidavits of witnesses and other documents
which form part of the record of the preliminary investigation.
DUTY OF THE JUDGE WHEN PLEA BARGAINING IS AGREED UPON
If a plea-bargaining is agreed upon, the court shall:
(1) Issue an order to that effect;
(2) Proceed to receive evidence on the civil aspect of the case, and
(3) Render and promulgate judgment of conviction, including the civil liability
or damages duly established by the evidence
NOTE: During the pre-trial, the trial judge shall consider plea-bargaining
arrangements, except in cases for violations of the Comprehensive Dangerous
Drugs Act of 2002.
DUTY OF THE JUDGE WHEN PLEA BARGAINING FAILS
When plea bargaining fails, the judge shall adopt the minutes of the
preliminary conference as part of the pre-trial proceedings, confirm the
markings of exhibits, admissions of genuineness and due execution of
documents, list object and testimonial evidence, scrutinize every allegation in
the information, scrutinize affidavits and documents forming parts of the
records of the preliminary investigation, define factual issues, ask parties to
agree on specific dates for the trial, require the parties to submit the names,
addresses and contact numbers of witnesses to be summoned, consider
modification of the trial if the accused admits the charge but interposes a
lawful defense.
ASKING QUESTIONS DURING THE PRE-TRIAL
During the pre-trial, the judge shall be the one to ask the questions on issues
raised therein and all questions must be directed to him to avoid hostilities
between the parties.
Section 2. Pre-trial agreement. — 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
this Rule shall be approved by the court.
PRE-TRIAL AGREEMENTS; SIGNING OF ADMISSIONS MADE
All agreements and admissions made or entered during the pre-trial conference
shall be:
(1) Reduced in writing, and
(2) Signed by the accused and counsel, and
(3) Must be approved by the court if the agreement covers the matters under
Sec. 1 of Rule 118
If this is not followed, such admissions cannot be used against the accused.
Section 3. Non-appearance at pre-trial conference. — If the counsel for
the accused or the prosecutor does not appear at the pre-trial conference
and does not offer an acceptable excuse for his lack of cooperation, the
court may impose proper sanctions or penalties.
CONSEQUENCE OF NON-APPEARANCE IN THE PRE-TRIAL CONFERENCE
If the COUNSEL for the accused OR the PROSECUTOR does not appear in the
pre-trial conference, the court may impose the proper sanctions or penalties, if
the counsel or prosecutor absent does not offer an ACCEPTABLE excuse for his
lack of cooperation.
Section 4. 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 the action during the trial, unless
modified by the court to prevent manifest injustice.
PRE-TRIAL ORDER
Within 10 days after the termination of the pre-trial, the judge 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 the trial.
EFFECT OF THE PRE-TRIAL ORDER
The pre-trial order shall:
(a) bind the parties;
(b) limit the trial to matters not disposed of, and
(c) Control the course of the action during the trial unless modified by the
court to prevent manifest injustice
JUDICIAL DISPUTE RESOLUTION (JDR)
PURPOSE: to contribute significantly to the resolution of mediatable cases,
thereby increasing the satisfaction of litigants in the court process and also
helping to decongest the dockets of the judiciary.
STAGES IN THE JUDICIAL PROCEEDINGS WITH JDR
Judicial proceedings shall be divided into 2 stages, namely:
(1) From the filing of a complaint, to the conduct of CAM and JDR during the
pre-trial stage; and
(2) Pre-trial proper to trial and judgment
The judge to whom the first case has been originally raffled shall preside over
the first stage.
As a mediator and conciliator, the judge facilitates the settlement discussions
between parties and tries to reconcile their differences. As a neutral evaluator,
the judge assesses the relative strengths and weaknesses of each party's case
and makes a non-binding and impartial evaluation of the chances of each
party's success in the case. On the basis of his neutral evaluation, the judge
persuades the parties to reconsider their prior reluctance to settle their case
amicably. The entire process comprises JDR.
The mediation process is designed to be confidential. In order to safeguard the
confidentiality of mediation proceedings, the JDR judge shall not pass on any
information obtained in the course of conciliation, early neutral evaluation, or
mediation to the trial judge or to any other person.
All JDR conferences shall be conducted in private. The JDR judge may,
however, confer in confidence with the mediator who previously mediated the
case, merely for the purpose of determining unresolved issues.
CASES SUBJECT TO MEDIATION FOR JDR
(a) All civil cases, settlement of estates, and cases covered by the Rule on
Summary Procedure, except those which by law may not be compromised;
NOTE: Criminal cases like violation of traffic rules and regulations and
violation of municipal or city ordinances although included in the list of cases
under summary procedure should not be mediated because they cannot be
compromised and might be a source of corruption if mediation pushes
NOTE: The time limitations provided under Section 2 and 3 shall not apply where
through.
special laws or circulars of the SC provide for a shorter period of trial.
(b) Cases cognizable by the Lupong Tagapamayapa under the Katarungang
Pambarangay Law;
EXCLUSIONS FROM COUNTING PERIOD OF COMMENCEMENT OF TRIAL
! There are certain delays, which should not be included in counting the
(c) The civil aspect of B.P. 22 cases;
(d) The civil aspect of quasi-offenses under Title 14 of the Revised Penal Code.
EXAMPLES OF QUASI OFFENSES:
(i) Cases covered are acts committed by reckless or simple imprudence or
negligence resulting for example in slight, less serious or serious physical
injuries;
(ii) Imprudence resulting in damage to property; and,
(iii) Reckless or simple imprudence with violation of the motor vehicle law.
(e) The civil aspect of estafa and libel under the proposed circular amending
A.M. No. 04-1-12-SC
(f) The civil aspect of theft, under Art. 308 of the Revised Penal Code, as part of
the cases for referral to mediation.
Rule 119
Trial
! The trial shall commence within 30 days from receipt of the pre-trial
order.
! After a plea of not guilty, the accused shall have at least 15 days to
prepare for trial.
! The court shall, after consultation with the prosecutor and defense
counsel, set the case for continuous trial or other short-term trial
calendar at the earliest possible time so as to ensure speedy trial.
GR: Once trial commences it shall continue from day to day as far
as practicable until terminated.
XPN: May be postponed for a reasonable period of time for good
cause.
! In no case shall the entire trial period exceed 180 days from the first day
of trial, except as otherwise authorized by SC.
" If the accused is not brought to trial in accordance within the
time limit set in Rule 119, the information may be dismissed
upon motion of the accused on the ground of denial of his
right to speedy trial and he has the burden of proving such. In
case of dismissal, it is subject to rules on double jeopardy.
" Motion for dismissal must be made prior to trial, failure to do
so shall be deemed a waiver of the right.
period for commencement of a trial. Such delays include, but are not limited
to, the following:
(a) Any period of delay resulting from other proceedings concerning the
accused, including but not limited to the following:
1) Delay resulting from an examination of the physical and mental
condition of the accused;
2) Delay resulting from proceedings with respect to other criminal
charges against the accused;
3) Delay resulting from extraordinary remedies against interlocutory
orders;
4) Delay resulting from pre-trial proceedings; provided, that the delay
does not exceed thirty (30) days;
5) Delay resulting from orders of inhibition, or proceedings relating to
change of venue of cases or transfer from other courts;
6) Delay resulting from a finding of the existence of a prejudicial
question; and
 7) Delay reasonably attributable to any period, not exceed thirty (30)
days, during which any proceeding which any proceeding
concerning the accused is actually under advisement.
(c) Any period of delay resulting from the absence or unavailability of an
essential witness.
# An essential witness shall be considered absent when his
whereabouts are unknown or his whereabouts cannot be
determined by due diligence.
# He shall be considered unavailable whenever his whereabouts are
known but his presence for trial cannot be obtained by due
diligence.
# Pertains to an essential witness, not just any witness. Must be
indispensable, necessary and important in the highest degree.
(c) Any period of delay resulting from the mental incompetence or physical
inability of the accused to stand trial.
(d) If the information is dismissed upon motion of the prosecution and
thereafter a charge is filed against the accused for the same offense, any
period of delay from the date the charge was dismissed to the date the time
limitation would commence to run as to the subsequent charge had there
been no previous charge. (Simula nung nadismiss yung unang charge
hangang sa mag start yung time limitation nung sa 2nd charge)
(e) A reasonable period of delay when the accused is joined for trial with a co-
accused over whom the court has not acquired jurisdiction, or, as to whom
the time for trial has not run and no motion for separate trial has been
granted.
(f) Any period of delay resulting from a continuance granted by any
court motu proprio, or on motion of either the accused or his counsel, or the
prosecution, if the court granted the continuance on the basis of its findings
set forth in the order that the ends of justice served by taking such action
outweigh the best interest of the public and the accused in a speedy trial.
(sec. 9, cir. 38-98)
CONTINUOUS TRIAL
The following factors, among others, shall be considered by a court in
determining whether to grant a continuance under section 3(f) of this Rule.
(a) Whether or not the failure to grant a continuance in the proceeding
would likely 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
that it is unreasonable to expect adequate preparation within the periods
of time established therein.
In addition, no continuance under section 3(f) of this Rule 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 prosecutor. (sec. 10, cir. 38-98)
! If the accused is to be tried again pursuant to an order for a new trial, the
trial shall commence within thirty (30) days from notice of the order, provided
that if the period becomes impractical due to unavailability of witnesses and
other factors, the court may extend it but not to exceed one hundred eighty
(180) days from notice of said order for a new trial.
PROHIBITED GROUNDS FOR A CONTINUANCE
a) Congestion of the court’s calendar
b) Lack of diligent preparation
c) Failure to obtain available witnesses on the part of the prosecutor
PUBLIC ATTORNEY’S DUTY WHEN 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 but has no means to post bail, or, is charged with a non-bailable crime, or, is
serving a term of imprisonment in any penal institution, it shall be his duty to do
the following:
a) Shall promptly 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.
b) Upon receipt of that notice, the custodian of the prisoner shall promptly
advise the prisoner of the charge and of his right to demand trial. If at
anytime thereafter the prisoner informs his custodian that he demands
such trial, the latter shall cause notice to that effect to 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 custodian of the prisoner receives from the public attorney a
properly supported request for the availability of the prisoner for purposes
of trial, the prisoner shall be made available accordingly. (sec. 12, cir. 38-
98)
SANCTIONS
In any case in which private counsel for the accused, the public attorney, or the
prosecutor.
a) Knowingly allows the case to be set for trial without disclosing that a
necessary witness would be unavailable for trial;
b) Files a motion solely for delay which he knows is totally frivolous and
without merit;
c) Makes a statement for the purpose of obtaining continuance which he
knows to be false and which is material to the granting of a continuance;
or
d) Willfully fails to proceed to trial without justification consistent with the
provisions hereof, the court may punish such counsel, attorney, or
prosecution, as follows:
e) By imposing on a counsel privately retained in connection with the defense
of an accused, a fine not exceeding twenty thousand pesos (P20,000.00);
f) By imposing on any appointed counsel de oficio, public attorney, or
prosecutor a fine not exceeding five thousand pesos (P5,000.00); and
 g) By denying any defense counsel or prosecutor the right to practice before
the court trying the case for a period not exceeding thirty (30) days. The
punishment provided for by this section shall be without prejudice to any
appropriate criminal action or other sanction authorized under these rules.
(sec. 13, cir. 38-98)
APPLICATION FOR EXAMINATION OF WITNESS FOR ACCUSED BEFORE TRIAL
When the accused has been held to answer for an offense, he may, upon
motion with notice to the other parties, have witnesses conditionally examined in
his behalf. The motion shall state:
(a) the name and residence of the witness;
(b) the substance of his testimony; and
(c) that the witness is sick or infirm as to afford reasonable ground for
believing that he will not be able to attend the trial, or resides more than
one hundred (100) kilometers from the place of trial and has no means to
attend the same, or that other similar circumstances exist that would
make him unavailable or prevent him from attending the trial.
The motion shall be supported by an affidavit of the accused and such other
evidence as the court may require.
EXAMINATION OF DEFENSE WITNESS
If the court is satisfied that the examination of a witness for the accused is
necessary, an order will be made directing that the witness be examined at a
specified date, time and place and that a copy of the order be served on the
prosecutor at least three (3) days before the scheduled examination.
The examination shall be taken before a judge, or, if not practicable, a
member of the Bar in good standing so designated by the judge in the order, or if
the order be made by a court of superior jurisdiction, before an inferior court to be
designated therein. The examination shall proceed notwithstanding the absence of
the prosecutor provided he was duly notified of the hearing. A written record of the
testimony shall be taken.
EXAMINATION OF THE WITNESS FOR THE PROSECUTION
When it satisfactorily appears that a witness for the prosecution is too sick
or infirm to appear at the trial as directed by the order of the court, or has to leave
the Philippines with no definite date of returning, he may forthwith be conditionally
examined before the court where the case is pending. Such examination, in the
presence of the accused, or in his absence after reasonable notice to attend the
examination has been served on him, shall be conducted in the same manner as an
examination at the trial. Failure or refusal of the accused to attend the examination
after notice shall be considered a waiver. The statement taken may be admitted in
behalf of or against the accused.
TRIAL OF SEVERAL ACCUSED
When two or more accused are jointly charged with any offense, they shall
be tried jointly unless the court, in its discretion and upon motion of the prosecutor
or any accused, orders separate trial for one or more accused.
MATERIAL WITNESS
When the court is satisfied, upon proof or oath, that a material witness will
not testify when required, it may, upon motion of either party, order the witness to
post bail in such sum as may be deemed proper. Upon refusal to post bail, the
court shall commit him to prison until he complies or is legally discharged after his
testimony has been taken
STATE WITNESS
Requisites:
a) Two or more accused are jointly charged with the commission of an
offense;
b) The motion for discharge is filed by the prosecutor before it rests its
case;
c) The prosecution is required to present evidence and the sworn
statement of each proposed state witness at a hearing in support of the
discharge;
d) The accused gives his consent to be a state witness; and
e) The trial court is satisfied that:
$ There is absolute necessity for the testimony of the accused whose
discharge is requested
$ The is no other direct evidence available for the proper
prosecution of the offense committed, except the testimony of said
accused;
$ The testimony of said accused can be substantially corroborated
in its material points;
$ Said accused does not appear to be the most guilty; and
$ Said accused has not at any time been convicted of any offense
involving moral turpitude.
# Evidence adduced in support of the discharge shall automatically
form part of the trial. If the court denies the motion for discharge of
the accused as state witness, his sworn statement shall be
inadmissible in evidence.
# Discharge of the accused due to being a state witness amounts to an
acquittal and shall be bar to future prosecution of the same offense,
unless the accused fails or refuses to testify.
MISTAKE 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 any other offense necessarily included therein, the accused
shall not be discharged if there appears 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.
APPOINTMENT OF ACTING PROSECUTOR
When a prosecutor, his assistant or deputy is disqualified to act due to
any of the grounds stated in section 1 of Rule 137 or for any other reasons, the
judge or the prosecutor shall communicate with the Secretary of Justice in order
that the latter may appoint an acting prosecutor. (
EXCLUSION OF THE PUBLIC
The judge may, motu proprio, exclude the public from the courtroom if the
evidence to be produced during the trial is offensive to decency or public morals. He
may also, on motion of the accused, exclude the public from the trial, except court
personnel and the counsel of the parties.
CONSOLIDATION OF TRIALS OF RELATED OFFENSES
Charges for offenses founded on the same facts or forming part of a series
of offenses of similar character may be tried jointly at the discretion of the court.
ORDER OF TRIAL
Trial shall proceed as follows:
DEMURRER TO EVIDENCE
(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 a provisional remedy in the case.
(c) The prosecution and the defense may, in that order, present rebuttal
and sur-rebuttal evidence unless the court, in furtherance of justice,
permits them to present additional evidence bearing upon the main issue.
(d) Upon admission of the evidence of the parties, the case shall be deemed
submitted for decision unless the court directs them to argue orally or to
submit written memoranda.
(e) 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.
# The order of trial may be modified when the accused admists the act or
omission charged in the complaint or information but interposes a lawful
defense.
# At any time before finality of the judgment of conviction, the judge
may, motu proprio or upon motion, with hearing in either case, reopen the
proceedings to avoid a miscarrage of justice. The proceedings shall be
terminated within thirty (30) days from the order granting it.
$ Re-opening must be before finality of a judgment of conviction
$ Order is issued by the judge on his own initiative or upon
motion
$ Order is issued only after a hearing is conducted
$ Order intends to prevent a miscarriage of justice
$ Presentation of additional and/or futher evidence should be
terminated within 30 days from the issuance of the order.
TRIAL IN ABSENTIA, WHEN ALLOWED
1) The accused has already been arraigned
2) Accused has been duly notified of the trial or hearing
3) The absence of the accused or his failure to appear is unjustified.
WHEN PRESENCE IS REQUIRED
1) At arraingment and plea, whether of innonce or guilt
2) During trial, whenever necessary for identification purposes
3) At the promulgation of sentence, unless it is for a light offense, in such the
accused may appear by counsel or representative.
# An objection by one of the parties in an action, to the effect that the
evidence which his adversary produced is insufficient in point of law,
whether true or not, to make out a case or sustain the issue. The party
demurring challenges the sufficiency of the whole evidence to sustain a
verdict.
# It is actually a motion to dismiss that is filed by the accused after the
prosecution has rested its case.
After the prosecution rests its case, the court may dismiss the action on t
he ground of insufficiency of evidence
1) on its own initiative after giving the prosecution the opportunity to
be heard
2) upon demurrer to evidence filed by the accused with or without
leave of court.
# If the court denies the demurrer to evidence filed with leave of court, the
accused may adduce evidence in his defense. When the demurrer to
evidence is filed without leave of court, the accused waives the right to
present evidence and submits the case for judgment on the basis of the
evidence for the prosecution.
# The motion for leave of court to file demurrer to evidence shall specifically
state its grounds and shall be filed within a non-extendible period of five
(5) days after the prosecution rests its case. The prosecution may oppose
the motion within a non-extendible period of five (5) days from its receipt.
# If leave of court is granted, the accused shall file the demurrer to evidence
within a non-extendible period of ten (10) days from notice. The
prosecution may oppose the demurrer to evidence within a similar period
from its receipt.
# The order denying the motion for leave of court to file demurrer to evidence
or the demurrer itself shall not be reviewable by appeal or
by certiorari before judgment.
 Rule 120
Judgement
Judgement is the adjudication by the court that the accused is guilty or not guilty of
the offense charged and the imposition on him of the proper penalty and civil
liability, if any.
• Must be written in the official language
• Personally and directly prepared and signed by the judge
• Must contain clearly and distinctly a statement of the facts and the law
which it is based.
Judgment is of CONVICTION, it must contain:
• Legal qualification of the offense constituted by the acts committed by the
accused, and the aggravating or mitigating circumstances which attended
its commission.
• Participation of the accused in the offense, whether as principal,
accomplice, or accessory.
• Penalty imposed upon the accused
• Civil liability or damages caused by his wrongful act or omission, if there is
any, unless the enforcement of the civil liability by a separate civil action
has been reserved or waived.
Judgment is of ACQUITTAL, it must contain:
• Whether the evidence of the prosecution absolutely failed to prove the guilt
of the accused, or merely failed to prove his guilt beyond reasonable doubt.
• It shall determine if the act or omission from which the civil liability might
arise did not exist.
! A verdict of acquittal is immediately final. (Pp v. Serrano)
Two or more offenses
When two or more offenses are charged in a single information or
complaint, the accused must object for the violation of Sec. 13 of Rule 110 before
trial commences and file a motion to quash otherwise, he is deemed to have waived
the defect and the court may convict him for as many offenses as are charged and
proved, and impose on him the penalty for each offense.
Variance Doctrine
a) The offense proved is different from the offense charged in the complaint or
information
b) The offense as charged is either included in the offense proved or
necessarily includes the offense proved
! An offense charged necessarily includes the offense proved when
some of the essential elements or ingredients of the offense
charged constitutes the offense proved.
! An offense charged is necessarily included in the offense proved,
when the essential ingredients of the offense charged constitutes
or form part of those constituting the offense proved.
A variance in the mode of commission of the offense is binding upon the
accused if he fails to object to evidence showing that the crime was
committed in a different manner than what was alleged. The variance is
not a bar to his conviction of the crime
Proved different from charged Charged included in proved
The offense proved is different from The offense as charged is either
the offense charged in the complaint included in the offense proved or
or information. necessarily includes the offense
proved.
Accused shall be convicted of the Accused shall be convicted of the
offense proved which is included in offense charged which is included
the offense charged. in the offense proved.
Promulgation of Judgment
• Judgment is promulgated by reading it in the presence of the accused and
any judge of the court in which it was rendered. If the judge is absent or
outside the province or city, the clerk of court may promulgate it.
• The proper clerk of court shall give notice to the accused personally or
through his bondsman or warden and counsel, requiring him to be present
at the promulgation of the decision.
1) If conviction is merely for a light offense, the judgment may be
pronounced in the presence of his counsel or representative.
2) If the accused is confined or detained in another province or city, the
judgment may be promulgated by the executive judge of the RTC
having jurisdiction over the place of confinement or detention upon
request of the court which rendered the judgment.
! The court promulgating the judgment shall have authority to
accept the notice of appeal and to approve the bail bond
pending appeal.
! Provided, that if the decision of the trial court convicting the
accused change the nature of the offense from non-bailable to
bailable, the application for bail can only be filed and resolved
by the appellate court.
3) If the accused was tried in absentia because he jumped bail or
escaped from prison, the notice to him shall be served at his last
known address.
4) If the accused fails to appear at the scheduled date of promulgation of
judgment despite notice, the promulgation shall be made by recording
 the judgment in the criminal docket and serving him a copy thereof at
his last known address or thru his counsel.
5) If the is for conviction, and the failure of the accused to appear as
without justifiable cause, he shall lose the remedies available in these
Rules against the judgment and the court shall order the arrest.
! Within 15 days from promulgation of judgment, however, the
accused may surrender and file a motion for leave of court to
avail of these remeies.
! He shall state the reasons for his absence at the scheduled
promulgation and if he proves that his absence was for a
justifiable cause, he shall be allowed to avail of said remedies
within 15 days from notice.
Modification of Judgment
GR: A judgment of conviction may be modified or set aside, upon motion of the
accused before the judgment becomes final or before appeal is perfected
EXCEPTIONS:
• Where death penalty is imposed, a judgment becomes final after lapse of
the period for perfecting an appeal
• When the sentence has been partially or totally satisfied or served.
• When accused has waived in writing his right to appeal
• When accused applied for probation
Entry of Judgment
After a judgment has become final, it shall be entered in accordance with
Rule 36.
! Rule 36, Section 2. If no appeal or motion for new trial or reconsideration
is filed within the time provided in these rules, the judgment or final order
shall forthwith be entered by the clerk in the book of entries of judgment.
The date of finality of the judgment or final order shall be deemed to be the
date of its entry.
Section 1. Judgment definition and form. — Judgment is the adjudication by the court that the
accused is guilty or not guilty of the offense charged and the imposition on him of the proper
penalty and civil liability, if any. It must be written in the official language, personally and
directly prepared by the judge and signed by him and shall contain clearly and distinctly a
statement of the facts and the law upon which it is based.
JUDGMENT – is the adjudication by the court that the accused is guilty or not guilty of the
offense charged and the imposition on him of the proper penalty and civil liability, if any.
REQUISITES OF A JUDGMENT:
(1) It must be written in the official language;
(2) It must be personally and directly prepared by the judge;
(3) It must contain clearly and distinctly a:
a. Statement of the facts;
b. Statement of the law upon which it is based.
NOTE: The jurisdictional requirements before a judgment may be validly rendered are
jurisdiction over the subject matter, the territory and the person of the accused.
Section 2. Contents of the judgment. — If the judgment is of conviction, it shall state (1) the
legal qualification of the offense constituted by the acts committed by the accused and the
aggravating or mitigating circumstances which attended its commission; (2) the participation
of the accused in the offense, whether as principal, accomplice, or accessory after the fact; (3)
the penalty imposed upon the accused; and (4) the civil liability or damages caused by his
wrongful act or omission to be recovered from the accused by the offended party, if there is
any, unless the enforcement of the civil liability by a separate civil action has been reserved or
waived.
In case the judgment is of acquittal, it shall state whether the evidence of the prosecution
absolutely failed to prove the guilt of the accused or merely failed to prove his guilt beyond
reasonable doubt. In either case, the judgment shall determine if the act or omission from
which the civil liability might arise did not exist.
CONTENTS OF A JUDGMENT OF CONVICTION/ ACQUITTAL:
(1) The legal qualification of the offense constituted by the acts committed by the accused;
(2) The aggravating and mitigating circumstances which attended the commission of the
offense;
(3) The participation of the accused in the offense whether as principal, accomplice or
accessory after the fact;
(4) The penalty imposed upon the accused;
(5) The civil liability or damages caused by his wrongful act or omission to be recovered from
the accused by the offended party, if there is any, unless the enforcement of the civil
liability by a separate civil action has been reserved or waived.
NOTE: Well-entrenched in jurisprudence is the rule that the conviction of the accused must
rest not on the weakness of the defense but on the strength of the prosecution. The burden is
on the prosecution to prove guilt beyond reasonable doubt, not on the accused to prove his
innocence.
After a judgment of conviction and cancellation of his bail bond, the accused’s appropriate
remedy against the court’s order is by filing with the Court of Appeals a MOTION TO REVIEW the
said order in the same regular appeal proceedings, as an incident of his appeal.
The filing of a separate petition via a special civil action or special proceeding questioning such
adverse order before the appellate court is prohibited.
JUDGMENT OF ACQUITTAL shall:
(1) State whether or not the evidence of the prosecution
a. Absolutely failed to prove the guilt of the accused or
b. Merely failed to prove his guilt beyond reasonable doubt
(2) Determine if the act or omission from which the civil liability might arise did not exist.
NOTE: A verdict of acquittal is immediately final.
Section 3. Judgment for two or more offenses. — When two or more offenses are
charged in a single complaint or information but the accused fails to object to it before
trial, the court may convict him of as many offenses as are charged and proved, and
impose on him the penalty for each offense, setting out separately the findings of fact
and law in each offense.
RULE WHEN THERE ARE TWO OR MORE OFFENSES IN A SINGLE INFORMATION OR
COMPLAINT (DUPLICITOUS COMPLAINT OR INFORMATION)
(1) When two or more offenses are charged in a single information or complaint, the accused
must file a MOTION TO QUASH.
REASON: A complaint or information must charge only one offense, except when the law
prescribes a single punishment for various offenses (Sec. 13, Rule 110).
(2) If the accused fails to file a motion to quash, the accused is deemed to have waived the
defect and the court may convict him for as many offenses as are charged and proved, and
impose on him the penalty for each offense, setting out separately the findings of fact and
law in each offense.
NOTE: While Sec. 13, Rule 110 frowns upon multiple offense being charged in a single
information, the failure to raise the issued during arraignment amounts to a waiver, and the
objection can no longer be raised on appeal.
Q: Is the judgment rendered by a judge who did not hear the case valid?
A: YES. The fact that the judge who rendered judgment was not the one who had the occasion
to observe the demeanor of the witnesses during trial but merely relied on the records of the
case does not render the judgment erroneous, especially where the evidence on record is
sufficient to support its conclusion. (People v. Alfredo, 2010)
Section 4. Judgment in case of variance between allegation and proof. — When there is
variance between the offense charged in the complaint or information and that proved, and the
offense as charged is included in or necessarily includes the offense proved, the accused shall be
convicted of the offense proved which is included in the offense charged, or of the offense
charged which is included in the offense proved.
VARIANCE DOCTRINE – states that when there is a variance between the offense charged in
the complaint or information and that proved, and the offense as charged is included in or
necessarily includes the offense proved, the accused shall be convicted of the offense proved
which is included in the offense charged, or of the offense charged which is included in the
offense proved.
The variance referred to in this section is a situation where:
(a) The offense proved is different from the offense as charged in the complaint or
information, and
(b) The offense charged is either necessarily included in the offense proved or necessarily
includes the offense proved.
EXAMPLE: AN accused charged with qualified rape can be found guilty of the lesser crime of
acts of lasciviousness committed against a child.
GR: The accused may be convicted only of the crime with which he is charged.
XPN: Variance doctrine
Section 5. When an offense includes or is included in another. — An offense charged
necessarily includes the offense proved when some of the essential elements or ingredients of
the former, as alleged in the complaint or information, constitute the latter. And an offense
charged is necessarily included in the offense proved, when the essential ingredients of the
former constitute or form a part of those constituting the latter.
An offense charged necessarily includes the offense proved when some of the essential
elements or ingredients of the former, as alleged in the complaint or information, constitute the
latter.
An offense charged is necessarily included in the offense proved, when the essential ingredients
of the former constitute or form part of those constituting the latter.
VARIANCE IN THE MODE OF THE COMMISSION OF THE OFFENSE
A variance in the mode of commission of the offense is binding upon the accused if he fails to
object to evidence showing that the crime was committed in a different manner than what was
alleged.
EXAMPLE: The information alleges “force and intimidation” as the mode of commission, while
the victim testified during the trial that she was asleep at the time the rape occurred and only
awoke to find the male organ of the accused inside her mouth.
This variance is NOT fatal to the conviction of the accused for rape by sexual assault if the
accused did not object to the presentation of evidence showing that the crime was committed in
a different manner than that was stated in the information. The variance is not a bar to his
conviction of the crime charged in the information. (People v. Corpuz, People v. Abello, 2009).
Section 6. Promulgation of judgment. — The judgment is promulgated by reading it in the
presence of the accused and any judge of the court in which it was rendered. However, if the
conviction is for a light offense, the judgment may be pronounced in the presence of his counsel
or representative. When the judge is absent or outside of the province or city, the judgment
may be promulgated by the clerk of court.
If the accused is confined or detained in another province or city, the judgment may be
promulgated by the executive judge of the Regional Trial Court having jurisdiction over the place
of confinement or detention upon request of the court which rendered the judgment. The court
promulgating the judgment shall have authority to accept the notice of appeal and to approve
the bail bond pending appeal; provided, that if the decision of the trial court convicting the
accused changed the nature of the offense from non-bailable to bailable, the application for bail
can only be filed and resolved by the appellate court.
The proper clerk of court shall give notice to the accused personally or through his bondsman or
warden and counsel, requiring him to be present at the promulgation of the decision. If the
accused tried in absentia because he jumped bail or escaped from prison, the notice to him shall
be served at his last known address.
In case the accused fails to appear at the scheduled date of promulgation of judgment despite
notice, the promulgation shall be made by recording the judgment in the criminal docket and
serving him a copy thereof at his last known address or thru his counsel.
If the judgment is for conviction and the failure of the accused to appear was without justifiable
cause, he shall lose the remedies available in these rules against the judgment and the court
shall order his arrest. Within fifteen (15) days from promulgation of judgment, however, the
accused may surrender and file a motion for leave of court to avail of these remedies. He shall
state the reasons for his absence at the scheduled promulgation and if he proves that his
absence was for a justifiable cause, he shall be allowed to avail of said remedies within fifteen
(15) days from notice.
GR: A judgment is promulgated by reading it in the presence of the accused and in any judge of
the court in which it was rendered.
XPN: If the conviction is merely for a LIGHT OFFENSE, the judgment may be pronounced in the
presence of his counsel or representative and may be promulgated by the clerk of court if the
judge is absent or outside the province or city.
NOTE: If the accused is detained in another province or city, the judgment may be promulgated
by the executive judge of the RTC having jurisdiction over the place of confinement or detention
upon request of the court which rendered the judgment. The court promulgating judgment shall
have the authority to accept the notice of appeal and the approve the bail bond pending appeal.
If the decision of the trial court convicting the accused changed the nature of the offense from
non-bailable to bailable, the application for bail can only be filed at his last known address.
HOW ACCUSED IS TO BE NOTIFIED OF THE PROMULGATION
The notice shall be given by the CLERK OF COURT personally to:
a) the accused or to his bondsman or warden and
b) counsel
If the accused was tried in absentia because he jumped bail or escaped from prison, the notice
to him shall be served at his last known address.
RULE IF THE ACCUSED FAILS TO APPEAR IN THE PROMULGATION OF JUDGMENT
GR: An accused is required to be present before the trial court at the promulgation of the
judgment in a criminal case.
ACQUITTED: If the accused is acquitted but fails to appear at the scheduled promulgation of
judgment despite notice, the promulgation shall be made by recording the judgment in the
criminal docket and serving him a copy thereof at his last known address or through his counsel.
CONVICTED: If the judgment is for conviction, and the failure of the accused to appear was
without justifiable cause, he shall lose the remedies available in the Rules of Court against the
judgment and the court shall order his arrest.
However, within 15 days from promulgation of judgment, the accused may surrender and file
a motion for LEAVE OF COURT to avail of the remedies. He shall state the reason for his absence
and if he proves the absence was justified, he shall be allowed to avail of the remedies within 15
days from notice.
Section 7. Modification of judgment. — A judgment of conviction may, upon motion of the
accused, be modified or set aside before it becomes final or before appeal is perfected. Except
where the death penalty is imposed, a judgment becomes final after the lapse of the period
for perfecting an appeal, or when the sentence has been partially or totally satisfied or served,
or when the accused has waived in writing his right to appeal, or has applied for probation.
MODIFICATION OF JUDGMENT
A judgment of conviction may be modified or set aside upon motion of the accused:
(a) before the judgment becomes final or
(b) before appeal is perfected.
WHEN JUDGMENT BECOMES FINAL
A judgment becomes final:
(a) After the lapse of the period for appeal; or
(b) When the sentence has been partially or totally satisfied or served; or
(c) When the accused has waived in writing his right to appeal; or Rule 121
(d) The accused has applied for probation. New Trial or Reconsideration

Section 8. Entry of judgment. — After a judgment has become final, it shall be entered in Before the judgment of conviction becomes final, the convicted accused may avail of
accordance with Rule 36. certain remedies, to wit:

1) Appeal from the judgment

RULE 36
Judgments, Final Orders and Entry Thereof
2) Modification of the judgment
! A judgment of conviction may be modified or set aside,
Section 2. Entry of judgments and final orders. — If no appeal or motion for new trial or upon motion of the accused, before the judgment
reconsideration is filed within the time provided in these Rules, the judgment or final order shall
becomes final or before appeal is perfected.
forthwith be entered by the clerk in the book of entries of judgments.
3) Reopening of the proceedings
! At any time before finality of the judgment of conviction,
The date of finality of the judgment or final order shall be deemed to be the date of its entry. the judge, may motu proprio or upon motion, with
hearing in either case, reopen the proceedings to avoid
The record shall contain the dispositive part of the judgment or final order and shall be signed by a miscarriage of justice.
the clerk, within a certificate that such judgment or final order has become final and executory. 4) Motion for new trial or reconsideration
! Must be filed at any time before a judgment of conviction
Section 9. Existing provisions governing suspension of sentence, probation and parole not becomes final, the court may, on motion of the accused
affected by this Rule. — Nothing in this Rule shall affect any existing provisions in the laws or at its own instance but with the consent of the
governing suspension of sentence, probation or parole. accused.
! Once the judgment becomes final, pleas for a new trial or
reconsideration can no longer be entertained.

Grounds for a new trial

1) Errors of law or irregularities prejudicial to the substantial rights of the
accused have been committed during the trial
2) New and material evidence has been discovered which the accused could
not with reasonable diligence have discovered and produced at the trial
and which if introduced and admitted would probably change the
judgment.

! Newly-discovered evidence
a) Evidence must have been discovered after the trial
b) It could not have been previously discovered and
produced at the trial even with the exercise of reasonable
diligence (most important element)
c) It is a new and material evidence
d) If introduced and admitted, it would probably change the
judgment.

Grounds for reconsideration

1) Errors of law or fact in the judgment, which requires no further
proceedings.

! Where a motion for new trial calls for resolution of any question of fact, the
court may hear evidence thereon by affidavits or otherwise.
Effects of granting a new trial or reconsideration
a) When a new trial is granted on the ground of errors of law or
irregularities committed during the trial, all the proceedings and evidence
affected thereby shall be set aside and taken anew. The court may, in the
interest of justice, allow the introduction of additional evidence.
b) When a new trial is granted on the ground of newly-discovered
evidence, the evidence already adduced shall stand and the newly-
discovered and such other evidence as the court may, in the interest of
justice, allow to be introduced shall be taken and considered together with
the evidence already in record.
c) In all cases, when the court grants new trial or reconsideration, the
original judgment shall be set aside or vacated and a new judgment
rendered accordingly.
Rule 122
Appeal
The right to appeal is not a natural right nor a part of due process but merely a
statutory privilege. As a consequence, the right to appeal may be exercised only in
the manner and in accordance with the provisions of law.
Who may appeal?
Any party may appeal from a judgment or final order, unless the accused
will be placed in double jeopardy. Any party may refer to the prosecution as long as
the accused will not be placed in double jeopardy. The accused may also appeal
from a judgment of conviction, however he waives the protection on the prohibition
against double jeopardy and runs the risk of being sentenced to a penalty higher
than that imposed by the trial court.

Form of the motions Where to appeal?

! The motion for new trial or reconsideration shall be in writing and shall a) Regional Trial Court- cases decided by the Metropolitan Trial Court,
state the grounds on which it is based. Municipal Trial Court in cities, or Municipal Circuit Trial Court
! Notice of the motion for new trial or reconsideration shall be given to the b) Court of Appeals or the Supreme Court- in cases decided by the Regional
prosecutor. Trial Court
c) Supreme Court- in cases decided by the Court of Appeals
When is hearing of the motion required?
A hearing shall be conducted when the motion for new trial calls for a How to appeal? Judgment appealed from:
resolution of a question of fact. Judgment appealed from: Appeal to: By way of:
Municipal Trial Court Regional Trial Court Notice of Appeal
Regional Trial Court Court of Appeals Notice of Appeal
Neypes Rule • exercise of original
The period for appeal is not only within 15 days from notice of the jurisdiction
judgment but also within 15 days from notice of the final order appealed from. If a Regional Trial Court Court of Appeals Filing a petition of
motion for reconsideration or motion for new trial is denied, such denial is to be • exercise of appellate review under Rule 42
deemed as the final order. From receipt of such notice of denial, the movant has jurisdiction
another “fresh period’ within which to appeal. Regional Trial Court Court of Appeals Notice of Appeal
• Penalty imposed is
reclusion perpetua or
life imprisonment
• Where a lesser penalty
is imposed but for
offenses committed on
the same occasion or
which arose out of the
same occurrence that
gave rise to the more
serious offense for
which the penalty for
death, reclusion
perpetua or life
 imprisonment is Service by mail. — Service by registered mail shall be made by depositing the copy
imposed.
in the post office, in a sealed envelope, plainly addressed to the party or his counsel
•
Regional Trial Court Court of Appeals shall at his office, if known, otherwise at his residence, if known, with postage fully pre-
• Imposed death penalty automatically review paid, and with instructions to the postmaster to return the mail to the sender after
the judgment. ten (10) days if undelivered. If no registry service is available in the locality of either
(People v. Mateo, G.R. the senders or the addressee, service may be done by ordinary mail.
No. 147678-8 7, July
7, 2004)
Substituted service. — If service of pleadings, motions, notices, resolutions, orders
• In the case of
Pp. v. Mateo, and other papers cannot be made under the two preceding sections, the office and
it modified place of residence of the party or his counsel being unknown, service may be made
pertinent by delivering the copy to the clerk of court, with proof of failure of both personal
provisions
service and service by mail. The service is complete at the time of such delivery.
such as
Section 3 and Waiver of Notice
Section 10 of ! The appellee may waive his right to a notice that an appeal has been taken.
Rule 122 of The appellate court may, in is discretion, entertain an appeal
the Revised notwithstanding failure to give such notice if the interests of justice s
Rules on require.
Criminal
Procedure. When appeal to be taken?
Court of Appeals Supreme Court Petition for review on An appeal must be taken within 15 days from promulgation of:
certiorari under Rule a) Judgment
45 b) From notice of the final order appealed from
Court of Appeals (imposes Supreme Court Notice of Appeal
death peanalty, life The period for perfecting an appeal shall be suspended from the time a motion for
imprisonment) Sec. 13(c), Rule new trial or reconsideration is filed until notice of the order overruling the motion
124 shall have been served upon the accused or his counsel at which time the balance
of the period begins to run.

Publication of Notice of Appeal
! Either personal service, registered mail, or by substituted service pursuant
to Section 7 and 8 of Rule 13.
(1) Personal service
(2) Registered mail
(3) Substituted service
Personal service. — Service of the papers may be made by delivering personally a
copy to the party or his counsel, or by leaving it in his office with his clerk or with a
person having charge thereof. If no person is found in his office, or his office is not
known, or he has no office, then by leaving the copy, between the hours of eight in
the morning and six in the evening, at the party's or counsel's residence, if known,
with a person of sufficient age and discretion then residing therein.
Transcribing and filing notes of stenographic reporter upon appeal
! Notice of appeal filed by the accused- trial court shall direct the
stenographic reporter to transcribe his notes of the proceedings.
! Notice of appeal filed by the People of the Philippines- trial court shall
direct the stenographic reporter to transcribe such portion of his notes of
the proceedings as the court, upon motion, shall specify in writing
! If death penalty is imposed, the stenographic reporter shall file with the
clerk original and four copies of the duly certified transcript of his notes of
the proceedings within 30 days from promulgation of the sentence.
Extension of period shall only be granted by the SC upon justifiable
grounds.
Transmission of papers to appellate court upon appeal
! Within 5 day from the filing of the notice of appeal, the clerk of court with
whom the notice of appeal was filed must transmit to the clerk of court of
the appellate court the complete record of the case, together with said
notice.
 ! The original and three copies of the transcript of stenographic notes, Effect of appeal by any of several accused
together with the records, shall also be transmitted to the clerk of the a) An appeal taken by one or more several accused shall not affect those who
appellate court without undue delay. The other copy of the transcript shall did not appeal, except insofar as the judgment of the appellate court is
remain in the lower court. favorable and applicable to the latter. The benefits of this rule extends to
all the accused, regardless of whether they appealed or not.
Appellate court: RTC Appellate court: CA b) The appeal of the offended party from the civil aspect shall not affect the
criminal aspect of the judgment or order appealed from.
Within 5 days from perfection of Has the power to try cases and c) Upon perfection of the appeal, the execution of the judgment or final order
appeal, the clerk shall transmit the conduct hearings, receive evidence appealed from shall be stayed as to the appealing part.
original record to the appropriate and perform all acts necessary to
RTC. Upon receipt of the records of resolve factual issues raised in cases Appointment of counsel de officio for accused on appeal
the case, the clerk of court shall falling within its original and The clerk of court, upon filing notice of appeal must ascertain from
notify the parties of such fact. appellate jurisdiction, including the appellant (if confined in prison), if he wishes the court to appoint a counsel de oficio
power to grant and conduct new trial to defend him and to transmit with the record on a form to be prepared by the
and further proceedings. clerk.
Within 15 days from receipt of said Trial or hearing conducted in the
notice, the parties may submit Court of Appeals must be: continuous
memoranda o briefs, or may be and complete in 3 months. Rule 123 Rule 124 Rule 125
required by the RTC to do so. Upon Municipal Trial Courts Court of Appeals Supreme Court
expiration of the period the RTC shall Procedure the same as in Sections 1-18 Procedure the same as in
decide the case on the basis of the the Regional Trial Court. the Court of Appeals.
records of the case and such EXCEPT: When a Procedure for review by
memoranda or briefs as may have particular provision the Supreme Court of
been filed. applies only to either of decisions in criminal
said courts and in cases rendered by the
criminal cases governed Court of Appeals shall be
by the Revised Rule on the same as in civil
MEMORANDUM - briefly discusses the errors imputed to the lower
Summary Procedure cases.
court; summary that the party would make at the last minute; lays
down the principles and authorities.

BRIEF – is a complete statement of facts of the case.

Withdrawal of Appeal
! Upon perfection of appeal, withdrawal of appeal may be allowed before the
record has been forwarded by the clerk of court to the proper appellate
court.
! If the case is already on appeal, the RTC may allow the appellant to
withdraw his appeal provided:
o A motion to withdraw is filed
o The motion is filed before the RTC renders judgment on the
appeal.
! Withdrawal is addressed to the sound discretion of the court. When
allowed to be withdrawn, the judgment of the court of origin will now
become final and the case shall be remanded to the court of origin for
execution.
SUMMARY:
WHO Any party (prosecution or accused) may appeal from a judgment or final
order, unless the accused will be placed in double jeopardy.
(Sec. 1)
When the accused appeals, he waives the protection on the prohibition
against double jeopardy.
WHEN An appeal must be taken within 15 days from promulgation of the
judgment OR from notice of the final order appealed from.
(Sec. 6)
WHERE (1) MeTC, MTCC, MTC, MCTC - RTC
(2) RTC – CA or SC
(Sec. 2) (3) CA - SC
HOW (1) From MTC – Notice of appeal filed with the court which rendered
the judgment or final order AND by serving a copy thereof upon the
(Sec. 3) adverse party.
(2) From RTC of original jurisdiction – Notice of appeal file with the
court which rendered the judgment or final order appealed from
and by serving a copy thereof upon the adverse party.
(3) From RTC of appellate jurisdiction – Petition for review with the
said court under Rule 42 (Petition for Review from the RTC to the
CA).
(4) RTC imposes reclusion perpetua or life imprisonment or where a
lesser penalty is imposed but for offenses committed on the same
occasion or which arose out of the same occurrence that gave rise
to the more serious offense for which the penalty for death,
reclusion perpetua or life imprisonment is imposed – Notice of
appeal to CA.
(5) RTC imposes death penalty – no need for notice of appeal. CA shall
automatically review the judgment.
(6) From CA – Petition for review under Rule 45 (Appeal by Certiorari
to the Supreme Court) with the SC.
(7) CA imposes reclusion perpetua or life imprisonment – Notice of
appeal filed with the CA.
(8) CA imposes a penalty other than RP or LI or D – Petition for review
on certiorari.
(9) All other appeals to the SC (except Sec. 13, Rule 124) – Petition for
review on certiorari under Rule 45.
Rule 124
Procedure in Court of Appeals
In cases appealed to the CA:
• Appellant- party appealing the case
• Appellee- adverse party
Appointment of counsel de oficio for the accused.
! If it appears from the record of the case as transmitted that (a) the accused
is confined in prison, (b) is without counsel de parte on appeal, or (c) has
signed the notice of appeal himself, the clerk of court of the Court of
Appeals shall designate a counsel de oficio.
! An appellant who is not confined in prison may, upon request, be assigned
a counsel de oficio within ten (10) days from receipt of the notice to file
brief and he establishes his right thereto.
When brief for appellant to be filed?
! Within thirty (30) days from receipt by the appellant or his counsel of the
notice from the clerk of court of the Court of Appeals that the evidence,
oral and documentary, is already attached to the record, the appellant
shall file seven (7) copies of his brief with the clerk of court which shall be
accompanied by proof of service of two (2) copies thereof upon the
appellee.
When brief for appellee to be filed; reply brief of the appellant.
! Within thirty (30) days from the receipt of the brief of the appellant, the
appellee shall file seven (7) copies of the brief of the appellee with the clerk
of court which shall be accompanied by proof of service of two (2) copies
thereof upon the appellant.
! Within twenty (20) days from receipt of the brief of the appellee, the
appellant may file a reply brief traversing matters raised in the former but
not covered in the brief of the appellant.
Extension of time for filing briefs
Extension of time for the filing of briefs will not be allowed except for good
and sufficient cause and only if the motion for extension is filed before the
expiration of the time sought to be extended.
Form of brief
Briefs shall either be printed, encoded or typewritten in double space on
the legal size good quality unglazed paper, 330 mm. in length by 216 mm. in width.
Contents of brief
The briefs in criminal cases shall have the same contents as provided in
sections 13 and 14 of Rule 44. A certified true copy of the decision or final order
appealed from shall be appended to the brief of appellant.

Dismissal of appeal for abandonment or failure to prosecute
! The Court of Appeals may, upon motion of the appellee or motu proprio
and with notice to the appellant in either case, dismiss the appeal if the
appellant fails to file his brief within the time prescribed by this Rule,
except where the appellant is represented by a counsel de oficio.
! The Court of Appeals may also, upon motion of the appellee or motu
proprio, dismiss the appeal if the appellant escapes from prison or
confinement, jumps bail or flees to a foreign country during the pendency
of the appeal.
Prompt disposition of appeals
Appeals of accused who are under detention shall be given precedence in
their disposition over other appeals. The Court of Appeals shall hear and decide the
appeal at the earliest practicable time with due regard to the rights of the parties.
The accused need not be present in court during the hearing of the appeal.
Judgment not to be reversed or modified except for substantial error
No judgment shall be reversed or modified unless the Court of Appeals,
after an examination of the record and of the evidence adduced by the parties, is of
the opinion that error was committed which injuriously affected the substantial
rights of the appellant.
Scope of judgment
The Court of Appeals may reverse, affirm, or modify the judgment and
increase or reduce the penalty imposed by the trial court, remand the case to the
Regional Trial Court for new trial or retrial, or dismiss the case. (11a)
Power to receive evidence
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
a) falling within its original jurisdiction
b) involving claims for damages arising from provisional remedies
c) Where the court grants a new trial based only on the ground of newly-
discovered evidence
Quorum of the court; certification or appeal of cases to Supreme Court
! Three (3) Justices of the Court of Appeals shall constitute a quorum for
the sessions of a division. The unanimous vote of the three (3) Justices of
a division shall be necessary for the pronouncement of a judgment or final
resolution, which shall be reached in consultation before the writing of the
opinion by a member of the division. In the event that the three (3)
Justices can not reach a unanimous vote, the Presiding Justice shall
direct the raffle committee of the Court to designate two (2) additional
Justices to sit temporarily with them, forming a special division of five (5)
members and the concurrence of a majority of such division shall be
necessary for the pronouncement of a judgment or final resolution. The
designation of such additional Justices shall be made strictly by raffle and
rotation among all other Justices of the Court of Appeals.
! Whenever the Court of Appeals finds that the penalty of death, reclusion
perpetua, or life imprisonment should be imposed in a case, the court,
after discussion of the evidence and the law involved, shall render
judgment imposing the penalty of death, reclusion perpetua, or life
imprisonment as the circumstances warrant. However, it shall refrain
from entering the judgment and forthwith certify the case and elevate the
entire record thereof to the Supreme Court for review.
Motion for new trial
! At any time after the appeal from the lower court has been perfected and
before the judgment of the Court of Appeals convicting the appellant
becomes final, the latter may move for a new trial on the ground of newly-
discovered evidence material to his defense. The motion shall conform
with the provisions of section 4, Rule 121.
Where new trial conducted
! When a new trial is granted, the Court of Appeals may conduct the
hearing and receive evidence as provided in section 12 of this Rule or refer
the trial to the court of origin.
Reconsideration
! A motion for reconsideration shall be filed within fifteen (15) days after
from notice of the decision or final order of the Court of Appeals, with
copies served upon the adverse party, setting forth the grounds in support
thereof. The mittimus shall be stayed during the pendency of the motion
for reconsideration. No party shall be allowed a second motion for
reconsideration of a judgment or final order.
Judgment transmitted and filed in trial court
! When the entry of judgment of the Court of Appeals is issued, a certified
true copy of the judgment shall be attached to the original record which
shall be remanded to the clerk of the court from which the appeal was
taken.
Application of certain rules in civil to criminal cases
! The provisions of Rules 42, 44 to 46 and 48 to 56 relating to procedure in
the Court of Appeals and in the Supreme Court in original and appealed
civil cases shall be applied to criminal cases insofar as they are applicable
and not inconsistent with the provisions of this Rule. (18a)
 Rule 126
Search and Seizure
A search warrant is an order in writing issued in the name of the People of the
Philippines, signed by a judge and directed to a peace officer, commanding him to
search for personal property described therein and bring it before the court.
Court where application for search warrant shall be filed:
An application for search warrant shall be filed with the following:
a) Any court within whose territorial jurisdiction a crime was committed.
b) For compelling reasons stated in the application, any court within the
judicial region where the crime was committed if the place of the
commission of the crime is known, or any court within the judicial region
where the warrant shall be enforced.
However, if the criminal action has already been filed, the application shall only
be made in the court where the criminal action is pending. (n)
• A search warrant may be issued for the search and seizure of personal
property:
a) Subject of the offense;
b) Stolen or embezzled and other proceeds, or fruits of the offense;
or
c) Used or intended to be used as the means of committing an
offense. (2a)
Requisites for issuing search warrant
A search warrant shall not issue except upon
! probable cause in connection with one specific offense to be determined
personally by the judge after examination under oath or affirmation of the
complainant and the witnesses he may produce
! particularly describing the place to be searched and the things to be
seized which may be anywhere in the Philippines.
Examination of complainant; record
! The judge must, before issuing the warrant, personally examine in the
form of searching questions and answers, in writing and under oath, the
complainant and the witnesses he may produce on facts personally known
to them and attach to the record their sworn statements, together with the
affidavits submitted.
Issuance and form of search warrant
! If the judge is satisfied of the existence of facts upon which the application
is based or that there is probable cause to believe that they exist, he shall
issue the warrant, which must be substantially in the form prescribed by
these Rules.
Right to break door or window to effect search
! The officer, if refused admittance to the place of directed search after giving
notice of his purpose and authority, may break open any outer or inner
door or window of a house or any part of a house or anything therein to
execute the warrant or liberate himself or any person lawfully aiding him
when unlawfully detained therein.
Search of house, room, or premise to be made in presence of two witnesses
! No search of a house, room, or any other premise shall be made except in
the presence of the lawful occupant thereof or any member of his family or
in the absence of the latter, two witnesses of sufficient age and discretion
residing in the same locality.
Time of making search
! The warrant must direct that it be served in the day time, unless the
affidavit asserts that the property is on the person or in the place ordered
to be searched, in which case a direction may be inserted that it be served
at any time of the day or night.
Validity of search warrant
! A search warrant shall be valid for ten (10) days from its date. Thereafter it
shall be void.
Receipt for the property seized
! The officer seizing property under the warrant must give a detailed receipt
for the same to the lawful occupant of the premises in whose presence the
search and seizure were made, or in the absence of such occupant, must,
in the presence of at least two witnesses of sufficient age and discretion
residing in the same locality, leave a receipt in the place in which he found
the seized property.
Delivery of property and inventory thereof to court; return and proceedings
thereon:
a) The officer must forthwith deliver the property seized to the judge who
issued the warrant, together with a true inventory thereof duly verified
under oath.
b) Ten (10) days after issuance of the search warrant, the issuing judge shall
ascertain if the return has been made, and if none, shall summon the
person to whom the warrant was issued and require him to explain why no
return was made. If the return has been made, the judge shall ascertain
whether section 11 of this Rule has been complained with and shall
require that the property seized be delivered to him. The judge shall see to
it that subsection (a) hereof has been complied with.
c) The return on the search warrant shall be filed and kept by the custodian
of the log book on search warrants who shall enter therein the date of the
return, the result, and other actions of the judge.
A violation of this section shall constitute contempt of court.
 Any evidence obtained in violation of this or the preceding section shall be
Search incident to lawful arrest inadmissible for any purpose in any proceeding.
! A person lawfully arrested may be searched for dangerous weapons or
anything which may have been used or constitute proof in the commission ARREST SEARCH AND SEIZURE
of an offense without a search warrant. The rules on arrest are concerned with the The rules on searches and seizures cover a
seizure of a person. It involves the taking of a wider spectrum of matters on the search of
Motion to quash a search warrant or to suppress evidence; where to file person in custody. both persons and places and the seizure of
! A motion to quash a search warrant and/or to suppress evidence obtained things found therein.
thereby may be filed in and acted upon only by the court where the action In order to determine probable cause to arrest, Probable cause to search requires facts to
has been instituted. If no criminal action has been instituted, the motion the judge (not the prosecutor) must have show that particular things connected with
may be filed in and resolved by the court that issued the search warrant. sufficient facts in his hands that would tend to a crime are found in a specific location.
However, if such court failed to resolve the motion and a criminal case is show that a crime has been committed and that
subsequent filed in another court, the motion shall be resolved by the a particular person committed it.
latter court. The judge is not required to make a personal The judge must, before issuing a search
examination before issuing a warrant of arrest. warrant, personally examine the

complainant and the witnesses.
Section 1. Search warrant defined. — A search warrant is an order in writing issued in the
An arrest may be made at any time of the day or A search warrant is generally served in the
name of the People of the Philippines, signed by a judge and directed to a peace officer,
night. day time, unless there be a direction in the
commanding him to search for personal property described therein and bring it before the
warrant that it may be served at any time
court.
of the day or night.


SEARCH WARRANT – is an order in writing issued in the name of the People of the
A search warrant shall be valid only for 10
Philippines, signed by a judge and directed to a peace officer, commanding him to search for
days. Thereafter, it is VOID.
personal property described therein and bring it before the court.


A search warrant is a legal process which has been likened to a writ of discovery employed by Section 2. Court where application for search warrant shall be filed. — An application for
the state to procure relevant evidence of a crime. search warrant shall be filed with the following:

A search warrant is a police weapon, issued under the police power. a) Any court within whose territorial jurisdiction a crime was committed.

WHO ISSUES SEARCH WARRANT b) For compelling reasons stated in the application, any court within the judicial region where
the crime was committed if the place of the commission of the crime is known, or any court
The power to issue search warrants is exclusively vested with the trial judges in the exercise of within the judicial region where the warrant shall be enforced.
their judicial functions.
However, if the criminal action has already been filed, the application shall only be made in the
NOTE: An application for a search warrant is heard ex parte. It is neither a trial nor a part of the court where the criminal action is pending.
trial.
GR: An application for a search warrant shall be filed before any court within whose territorial
THE CONSTITUTIONAL PROVISION (Sec. 2, Article 3) jurisdiction a crime was committed.

The right of the people to be secure in their persons, houses, papers and effects XPNS:
against unreasonable searches and seizures of whatever nature and for any purpose shall be (1) The application may be made before any court within the judicial region where the crime
inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause was committed if the place of the commission of the crime is known.
to be determined personally by the judge after examination under oath or affirmation of the (2) The application may be filed before any court within the judicial region where the warrant
complainant and the witnesses he may produce, and particularly describing the place to be shall be enforced.
searched and the persons or things to be seized.
In both exceptions, filing in such courts requires compelling reasons stated in the application.
EXCLUSIONARY RULE (Sec. 3 par 2, Article 3, 1987 Constitution)
(3) If the criminal action has already been filed, the application shall be made only in the
court where the criminal action is pending.

SEARCH WARRANTS INVOLVING HEINOUS CRIMES AND OTHERS (c) Personal property used or intended to be used as a means of committing an offense

The above rules have been MODIFIED by AM No. 99-10-09-SC (January 25, 2000) in cases As a rule, only the personal properties described in the search warrant may be seized by the
involving: authorities.
(1) heinous crimes
(2) illegal gambling EXAMPLE: Search Warrant No. 69 specifically authorized the taking of methamphetamine
(3) dangerous drugs and hydrochloride (shabu) and paraphernalia only. By the principle of ejusdem generis where a
(4) illegal possession of firearms statute describes things of a particular class or kind accompanied by words of a generic
character, the generic word will usually be limited to things of a similar nature with those
The following are authorized to act on all applications for search warrants involving any of the particularly enumerated, unless there be something in the context of the statement which
above crimes: would repel such inference.

(1) The Executive Judge and Hence, wallet, cash, or camera were not encompassed by the word paraphernalia as they bear
(2) Vice Executive Judges of RTCs of Manila and Quezon City no relation to the use or manufacture of drugs.

filed by In seizing the said items, the police officers exercised their own discretion and determined for
(1) the PNP themselves which items they believed were “proceeds of the crime” or “means of committing
(2) NBI an offense”. This is absolutely impermissible.
(3) Presidential Anti-Organized Crime Task Force (PAOC-TF) and
(4) Reaction Against Crime Task Force (REACT-TF) NOTE: A search warrant is not a sweeping authority empowering a raiding party to undertake
a fishing expedition to confiscate any and all kinds of evidence or articles relating to a crime.
The applications shall be personally endorsed by the Heads of said agencies. However, in the
case of Spouses Marimla v. People, the Court stated that “nothing in AM No. 99-10-09-SC Section 4. Requisites for issuing search warrant. — A search warrant shall not issue except
prohibits the head of the NBI and of other law enforcement agencies mentioned from upon probable cause in connection with one specific offense to be determined personally by
delegating their ministerial duty of endorsing the application to their assistant heads.” 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 things to be
NOTE: The warrants of arrest may be served in places outside the territorial jurisdiction of said seized which may be anywhere in the Philippines.
courts (Manila and Quezon City).
REQUISITES FOR THE ISSUANCE OF A SEARCH WARRANT
EXAMPLE: Petitioner was charged with a violation of the Dangerous Drugs Law. Petitioner (1) There must be probable cause;
filed a motion to quash the search warrant and to suppress the evidence illegally seized, (2) The presence of probable cause is to be determined by the judge personally;
contending that the application of search warrant was filed and the warrant was issued by the (3) The determination by the judge must be made only after an examination under oath or
RTC of Manila which is a court outside the territorial jurisdiction and judicial region of the affirmation of the complainant and the witnesses he may produce;
courts of Angeles City and Porac, Pampanga where the alleged crime was committed. (4) The warrant must specifically describe the place to be searched and the things to be
seized which may be anywhere in the Philippines.
Here, the application for search warrant may be filed by the NBI in the City of Manila and the
warrant issued may be served outside of Manila. NOTE: The absence of the requisites will cause its downright nullification.
Section 3. Personal property to be seized. — A search warrant may be issued for the search
and seizure of personal property: NOTE: The court which issued the search warrants may quash such warrant already issued.
After a judge has issued a warrant, he is not precluded to subsequently quash the same if he
(a) Subject of the offense; finds that no probable cause exists.
(b) Stolen or embezzled and other proceeds, or fruits of the offense; or
(c) Used or intended to be used as the means of committing an offense. PROBABLE CAUSE IN SEARCH WARRANTS – means such facts and circumstances which
would lead a reasonably discreet and prudent man to believe that an offense has been
PROPERTY SUBJECT OF A SEARCH WARRANT: Personal Property committed and that the objects sought in connection with the offense are in the place to be
searched.
A search warrant may be issued not only for the search but also for the seizure of the
following: The probable cause must refer only to one specific offense.
(a) Personal property subject of the offense;
(b) Personal property stolen or embezzled and other proceeds, or fruits of the offense; or
The facts and circumstances being referred thereto pertain to facts, data or information
personally known to the applicant and the witnesses he may present. The long standing rule in (3) PARTICULAR DESCRIPTION OF THE ITEMS TO BE SEIZED
this jurisdiction is that "reliable information" alone is not sufficient to justify a warrantless
arrest. The rule requires, in addition, that the accused perform some overt act that would GENERAL WARRANTS – warrants which do not describe the things to be seized with the
indicate that he has committed, is actually committing, or is attempting to commit an offense. required particularity.
"Reliable information" is insufficient.
The requirement of particularity is said to be satisfied if the warrant imposes a "meaningful
Probable cause does not mean absolute certainty. The determination of the existence of restriction" upon the objects to be seized.
probable cause is concerned on whether the affiant has reasonable grounds for his belief. The
requirement is less than certainty of proof, but more than suspicion or possibility. MEANINGFUL RESTRICTION – is one that leaves nothing to the discretion of the officer who
conducts the search.
The question whether or not probable cause exists is one which must be decided in the light of
the conditions obtaining in given situations. NOTE: The common denominator among court decisions on "particularity" regard
descriptions of a generic nature as failing to impose a meaningful restriction on the officer
(1) PARTICULAR DESCRIPTION OF PLACE conducting the search.

The prevailing doctrine is that the warrant "must sufficiently describe the premises to be EXAMPLES: Descriptions of the things to be searched and seized as "stolen goods," "obscene
searched so that the officer executing the warrant may, with reasonable effort, ascertain and materials," or "other articles of merchandise too numerous to mention," have been held
identify the place intended". inadequate. The phrase, "any and all other stolen items" was impermissibly vague.

EXAMPLE: A building had 4 apartments, and one of them located in the second floor was NOTE: The use of a generic term or a general description in a warrant is allowed only when a
occupied by the accused. The warrant referred to: “The apartment house occupied by Manuel more specific description of the things to be seized is not available.
th
Estrada at 18 S. 19 Street, San Jose, the second story of a white house.” Here, by referring to
Estrada, the warrant identified the particular unit to be searched and the warrant was not EXAMPLE: The mere use of terms like "multiple set books of accounts, ledgers, journals,
overly broad. columnar books, cash register books, sales books or records" and similar general descriptions,
is unacceptable considering the circumstances where the petitioner is alleged to have
NOTE: If the description in the warrant limits the search to a particular part of the premises committed tax fraud and smuggling. Taking into consideration the nature of the articles
either by a designation of the area or other physical characteristics of such part or by a described, no other more adequate and detailed description could have been given because of
designation of its occupants, the business conducted there, the warrant will meet the difficulty in describing the contents of the same.
constitutional standards in respect to the description of the place to be searched.
OWNERSHIP OF PROPERTY SEIZED IS NOT REQUIRED
(2) PARTICULAR DESCRIPTION OF PERSON
The law does not require that the property to be seized should be owned by the person against
The standard for determining the legality of a warrant directed against a person is whether the whom the search warrant is directed. It is sufficient that the person against whom the warrant
person has been sufficiently described with particularity sufficient to identify him with is directed has control and possession of the property sought to be seized.
reasonable certainty.
Section 5. Examination of complainant; record. — The judge must, before issuing the
Even if his name is unknown or erroneously written, the description of the person with warrant, personally examine in the form of searching questions and answers, in writing and
certainty to identify him and set him apart from others is enough to lend validity to the under oath, the complainant and the witnesses he may produce on facts personally known
warrant. to them and attach to the record their sworn statements, together with the affidavits
submitted.
NOTE: A John Doe warrant does not name the person subject of the same, is the exception
rather than the rule. HOW THE EXAMINATION SHALL BE CONDUCTED BY THE JUDGE
(1) The examination must be personally conducted by the judge;
EXAMPLE: In People v. Veloso, the search warrant stated that John Doe had gambling (2) The examination must be in the form of searching questions and answers;
apparatus in his possession in the building occupied by him at No. 124 Calle Arzobispo, City of (3) The complainant and the witnesses shall be examined on those facts personally known to
Manila, and as this John Doe was Jose Ma. Veloso, the manager of the Club, the police could them;
identify John Doe. Further, the affidavit for the search warrant and the search warrant itself (4) The statements must be in writing and under oath; and
described the building to be searched and the description was a sufficient designation of the (5) The sworn statements of the complainant and the witnesses, together with the affidavits
premises. submitted, shall be attached to the record

NOTE: The examination must be probing and exhaustive, not merely routine or pro forma. The rule in this regard is forcible and clear. No search shall be made except in the presence
The examining judge must not simply rehash the contents of the affidavit. Leading questions of the persons mentioned in the Rules.
is not sufficient.
Section 9. Time of making search. — The warrant must direct that it be served in the day
Section 6. Issuance and form of search warrant. — If the judge is satisfied of the existence of time, unless the affidavit asserts that the property is on the person or in the place ordered to
facts upon which the application is based or that there is probable cause to believe that they be searched, in which case a direction may be inserted that it be served at any time of the
exist, he shall issue the warrant, which must be substantially in the form prescribed by these day or night.
Rules.
TIME OF MAKING THE SEARCH
ISSUANCE: The warrant shall be issued when the judge is satisfied of the existence of facts
upon which the application is based or that there is a probable cause to believe that they exist. GR: The warrant shall be served in the daytime and such fact must be so directed by the
warrant.
FORM: The form of the search warrant must be substantially in the form prescribed by the
Rules. XPN: If the affidavit asserts that the property is on the person or in the place ordered to be
searched, the warrant may insert a direction that it may be served at any time of the day or
Section 7. Right to break door or window to effect search. — The officer, if refused night.
admittance to the place of directed search after giving notice of his purpose and authority,
may break open any outer or inner door or window of a house or any part of a house or NOTE: The rule on issuance of search warrants allows for the exercise of judicial discretion in
anything therein to execute the warrant or liberate himself or any person lawfully aiding him fixing the time within which the warrant may be served, subject to the statutory requirement
when unlawfully detained therein. fixing the maximum time for the execution of a warrant.

RULE IF THE OFFICER IS REFUSED ADMITTANCE Section 10. Validity of search warrant. — A search warrant shall be valid for ten (10) days
(KNOCK AND ANNOUNCE RULE) from its date. Thereafter it shall be void.

Being armed with a warrant does not justify outright entry or barging into the place to be DURATION OF THE VALIDITY OF SEARCH WARRANT: 10 days
searched. An officer should knock, introduce himself and announce his purpose and only in
exceptional cases may he forego the same like when his safety is in danger of being Section 11. Receipt for the property seized. — The officer seizing property under the
jeopardized or when evidence is about to be destroyed. warrant must give a detailed receipt for the same to the lawful occupant of the premises in
whose presence the search and seizure were made, or in the absence of such occupant,
The officer may break open any outer or inner door or window of a house or any part of a must, in the presence of at least two witnesses of sufficient age and discretion residing in the
house or anything therein provided the following requisites are complied with: same locality, leave a receipt in the place in which he found the seized property.

(1) The officer gives notice of his purpose and authority; RECEIPT FOR THE PROPERTY SEIZED
(2) He is refused admittance to the place of directed search despite the notice; and
(3) The purpose of breaking is to execute the warrant or to liberate himself or any person The officer seizing the property under the warrant must
lawfully aiding him when unlawfully detained therein. (a) give a receipt to the lawful occupant of the premises in whose presence the search and
seizure were made, or
Section 8. Search of house, room, or premise to be made in presence of two witnesses. — (b) in the absence of such occupant, the officer must, in the presence of at least two
No search of a house, room, or any other premise shall be made except in the presence of witnesses of sufficient age and discretion residing in the same locality, leave a receipt in
the lawful occupant thereof or any member of his family or in the absence of the latter, two the place in which he found the seized property.
witnesses of sufficient age and discretion residing in the same locality.

MANNER OF MAKING THE SEARCH

The search shall be made in the presence of:
(1) the lawful occupant of the house, room or any other premises, or
(2) any member of the lawful occupant's family.
(3) In the absence of the latter, the search shall be made in the presence of two witnesses of
sufficient age and discretion residing in the same locality.
Section 12. Delivery of property and inventory thereof to court; return and proceedings DUTY OF THE CUSTODIAN OF THE LOG BOOK
thereon. —
The return on the search warrant shall be filed and kept by the custodian of the log book on
(a) The officer must forthwith deliver the property seized to the judge who issued the search warrants who shall enter therein the date of the return, the result, and other actions of
warrant, together with a true inventory thereof duly verified under oath. the judge.

(b) Ten (10) days after issuance of the search warrant, the issuing judge shall ascertain if the A violation of the above rules shall constitute contempt of court.
return has been made, and if none, shall summon the person to whom the warrant was
issued and require him to explain why no return was made. OBJECTION TO ISSUANCE OR SERVICE OF A WARRANT

If the return has been made, the judge shall ascertain whether section 11 of this Rule has Any objection concerning the issuance or service of a warrant or a procedure in the acquisition
been complained with and shall require that the property seized be delivered to him. The by the court of jurisdiction over the person of the accused must be made before he enters his
judge shall see to it that subsection (a) hereof has been complied with. plea, otherwise, the objection is deemed waived.

(c) The return on the search warrant shall be filed and kept by the custodian of the log book Section 13. Search incident to lawful arrest. — A person lawfully arrested may be searched
on search warrants who shall enter therein the date of the return, the result, and other for dangerous weapons or anything which may have been used or constitute proof in the
actions of the judge. commission of an offense without a search warrant.

A violation of this section shall constitute contempt of court. SEARCH INCIDENT TO LAWFUL ARREST

The application of the above rule presupposes that the person searched was previously
arrested lawfully. Hence, a person illegally arrested cannot be validly searched without a
DUTIES OF THE OFFICER AFTER THE SEARCH AND SEIZURE; DELIVERY AND warrant under this provision.
INVENTORY
(a) The officer must deliver the property seized to the judge who issued the warrant; For an arrest to be lawful, the arrest may either be by virtue of a warrant lawfully procured and
(b) The officer must, together with the delivery of the property also deliver a true inventory of by virtue of a warrantless arrest authorized under Sec. 5 of Rule 113 of the Rules of Court and
the property seized. Such inventory must be duly verified under oath. other applicable provisions such as Sec. 13 of the same rule.
(a) In flagrante delicto;
A violation of the above rules shall constitute contempt of court. (b) Hot pursuit;
(c) Escapee;
DUTY OF THE JUDGE; RETURN AND OTHER PROCEEDINGS (d) When a person previously lawfully arrested escapes or is rescued
(a) The judge who issued the warrant shall ascertain if the return has been made. He shall do so
ten (10) days after issuance of the search warrant. GR: In searches incident to a lawful arrest, the arrest must precede the search. The process
(b) If no return has been made, the judge shall summon the person to whom the warrant was cannot be reversed.
issued and require him to explain why no return was made. XPN: In the case of People v. Racho, a search substantially contemporaneous with an arrest
(c) If the return has been made, the judge shall ascertain whether Sec. 11 of Rule 126 (giving of can precede the arrest if the police have probable cause to make the arrest at the outset of the
a receipt for the property seized) was complied with and shall require that the property seized search. Thus, we have to determine first whether the police officers had probable cause to
be delivered to him. The judge shall also see to it that subsection (a) of Sec. 12 of Rule 126 arrest appellant.
(delivery of the property seized and true inventory) has been complied with.
PARAMETERS OF A SEARCH INCIDENT TO A LAWFUL ARREST
SUMMARY: The judge who issued the search warrant is mandated to ensure compliance with (IMMEDIATE POSSESSION AND CONTROL RULE)
the requirements for (1) the issuance of a detailed receipt for the property received, (2) A person lawfully arrested may be searched only for:
delivery of the seized property to the court, together with (3) a verified true inventory of the (a) For dangerous weapons;
items seized. Any violation of the foregoing constitutes contempt of court. (b) For anything which may have been used in the commission of an offense; or
(c) For anything which constitute proof in the commission of an offense.
A violation of the above rules shall constitute contempt of court.
Q: Is the search confined to the search of the person lawfully arrested? How about the search
NOTE: The seized items should remain in the custody of the trial court which issued the search of the premises where he was arrested?
warrant pending the institution of criminal action against petitioner.

A: The Court has ruled on several occasions that a valid arrest allows the seizure of evidence or the absence of a license for the items, the officer now has a reasonable ground to seize the
dangerous weapons either on the person of the one arrested or within the area of his object without a warrant.
immediate control.
ILLUSTRATION: An officer goes to a residence to execute a warrant to search a house for
EXCEPTION TO THE SEARCH WARRANT REQUIREMENT particularly described stolen antique images. As the officers look around in the living room of
the house, they see on a table, plastic sachets containing crystalline substances, which based
GR: The procurement of a warrant is required before a law enforcer can validly search or seize on their training and experience are illegal drugs. Since the illegal drugs are "in plain view,"
the person, house, papers, or effects of any individual. seizing them would not be an invalid warrantless search.
XPNS:
(1) Warrantless search incidental to a lawful arrest; NOTE: Where the object seized was inside a closed package, the object itself is not in plain
(2) Plain view doctrine; view and therefore cannot be seized without a warrant. However, if the package is such that
(3) Search of a moving vehicle; an experienced observer could infer from its appearance that it contains the prohibited article,
(4) Consented warrantless search; then the article is deemed in plain view.
(5) Stop and Frisk or Terry searches;
(6) Customs search; (3) SEARCHES OF MOVING VEHICLES
(7) Exigent and emergency circumstances;
(8) Search of vessels and aircraft; and The search of a moving vehicle is highly regulated by the government, the vehicle's inherent
(9) Inspection of buildings and other premises for the enforcement of fire, sanitary and mobility reduces expectation of privacy especially when its transit in public thoroughfares
building regulations. furnishes a highly reasonable suspicion amounting to probable cause that the occupant
committed a criminal activity.
(1) SEARCH INCIDENT TO LAWFUL ARREST
A warrantless search of a moving vehicle is justified on the ground that "it is not practicable to
A person lawfully arrested may be searched for dangerous weapons or anything which may secure a warrant because the vehicle can be quickly moved out of the locality or jurisdiction in
have been used or constitute proof in the commission of an offense without a search warrant. which the warrant must be sought”.

(2) PLAIN VIEW DOCTRINE When a vehicle is flagged down and subjected to an extensive search, such a warrantless
search has been held to be valid as long as the officers conducting the search have reasonable
Under the plain view doctrine, objects falling in the plain view of an officer who has a right to or probable cause to believe prior to the search that they would find the instrumentality or
be in the position to have that view are subject to seizure and may be presented as evidence. evidence pertaining to a crime, in the vehicle to be searched.

The plain view doctrine permits an officer, while lawfully engaged in an activity and lawfully CHECKPOINTS
present in a particular place, to seize an apparently illicit object without first obtaining a
warrant authorizing him to do so. For as long as the vehicle is neither searched nor its occupants subjected to a body search, and
the inspection of the vehicle is limited to a visual search, said routine checks cannot be
It is founded on a common sense rule that when a police officer has seen or observed an object regarded as violative of an individual’s right against unreasonable search.
in 'plain view,' to require the officer to secure a warrant would be to engage in a needless
exercise because failure to seize the object once observed might involve danger to the public Searches conducted in checkpoints are valid for as long as they are warranted by exigencies of
and to the officer. public order and are conducted in a way least intrusive to motorists.

REQUISITES: (4) CONSENTED WARRANTLESS SEARCH
(a) the law enforcement officer in search of the evidence has a prior justification for an
intrusion or is in a position from which he can view a particular area; The consent to a warrantless search must be voluntary, that is, it must be unequivocal,
(b) the discovery of the evidence in plain view is inadvertent; and specific, and intelligently given, uncontaminated by any duress or coercion. Consent to a
(c) the evidence must be immediately apparent to the officer that the item he observes may be search is not to be lightly inferred, but must be shown by clear and convincing evidence.
evidence of a crime, contraband or otherwise subject to seizure.
It is the State which has the burden of proving, by clear and positive testimony, that the
ILLUSTRATION: A policeman flags down a car for a traffic violation. When the officer necessary consent was obtained and that it was freely and voluntarily given.
approaches the car, he sees in the front seat of the car a sub machinegun and two hand
grenades, items not normally issued to civilians. After a few inquiries and having determined In case of consented searches or waiver of the constitutional guarantee against obtrusive
searches, it is fundamental that to constitute a waiver, it must first appear that
(1) the right exists; NOTE: A Terry search is not to be confused with a search incident to a lawful arrest. A Terry
(2) the person involved had knowledge, either actual or constructive, of the existence of such stop and frisk has a limited scope compared to a full scale arrest and search. Although they
right; and result in a warrantless search, they differ in terms of the requisite quantum of proof before
(3) the said person had an actual intention to relinquish the right. they may be validly effected and in their allowable scope.

NOTE: A peaceful submission to a search or seizure is not a consent or an invitation thereto, BUY BUST OPERATIONS - is a form of entrapment legally employed by peace officers as an
but is merely a demonstration of regard for the supremacy of the law. effective way of apprehending drug dealers in the act of committing an offense. This police
operation has judicial sanction as long as it is carried out with due respect to constitutional and
(5) STOP AND FRISK / TERRY SEARCHES legal safeguards.

The Terry doctrine is of two parts: the "stop" and the "frisk." A search warrant or warrant of arrest is not needed in a buy-bust operation because here the
accused is caught in flagrante delicto. It catches the violator in flagrante delicto and the police
A valid "stop" by an officer requires that he has a reasonable and articulable belief that criminal officers conducting the operation are not only authorized but duty-bound to apprehend the
activity has happened or is about to happen. violator and to search him for anything that may have been part of or used in the commission
of the crime.
The "frisk" made after the "stop" must be done because of a reasonable belief that the person
stopped is in possession of a weapon that will pose a danger to the officer and others. The ENTRAPMENT INSTIGATION
"frisk" must be a mere pat down outside the person's outer garment and not unreasonably It is the employment of such ways and means It is the means by which the accused is
intrusive. for the purpose of trapping or capturing a lured into the commission of the offense
lawbreaker. charged in order to prosecute him.
Because of the important interest in protecting the safety of police officers, the Court held
that a law enforcement officer has the authority to stop someone and do a quick surface In a buy- bust operation, the idea of In instigation, the instigator practically
search of their outer clothing for weapons. This is allowed if the officer has a reasonable belief committing a crime originates form the induces the would-be offender into the
based on a genuine reason (reasonable belief) and in the light of the officer's experience and offender, without anybody inducing or commission of the offense, and the
the surrounding circumstances, that a crime has either taken place or is about to take place prodding him to commit the offense. instigator himself becomes a co-principal.
and the person to be stopped is armed and dangerous. This reasonable suspicion must be In entrapment, the peace officer resorts to In instigation, the police or its agent lures
based on "specific and articulable facts" and not merely upon the officer's bare suspicion or ways and means to trap and capture the the accused into committing the offense in
hunch. Terry emphasized that a reasonable belief for making a stop must also be followed by a lawbreaker in the execution of the latter's order to prosecute him and which is
frisk which is equally reasonable which means it should not be broader than is necessary to criminal plan. deemed contrary to public policy and
find weapons in the person briefly stopped. The ruling that probable cause is not required in a considered an absolutory cause.
stop and frisk situation is Terry's significant contribution to jurisprudence. Entrapment in the Philippines is not a defense Instigation is, and is considered, an
available to the accused. absolutory cause.
TERRY SEARCH SEARCH INCIDENT TO A
LAWFUL ARREST
A Terry doctrine does not require a A search incident to a lawful arrest
probable cause and the person is not presupposes the existence of a
under a full scale arrest but under a probable cause for the arrest, APPLICABLE TESTS IN A BUY-BUST OPERATION; ADOPTION OF THE ‘OBJECTIVE TEST’
mere brief, investigative "stop" where the person is taken under
followed by a surface, non- intrusive the custody of the arresting officer. Under the "SUBJECTIVE" VIEW OF ENTRAPMENT, the focus is on the intent or
pat down of one's outer garments to predisposition of the accused to commit a crime.
determine the presence of weapons. The search is of the person and the
area within his control. It is thus, Under the "OBJECTIVE" VIEW, the primary focus is on the particular conduct of law
What applies in a Terry stop and frisk more intrusive and is conducted enforcement officials or their agents and the accused's predisposition becomes irrelevant
is the reasonableness of the act of not only for the purpose of finding
the officer. This "reasonable weapons but also for the purpose Philippine courts have adopted the "objective" test in upholding the validity of a buy-bust
standard" while not sufficient to of searching for evidence, any fruit operation.
validate an arrest or a search, of a crime or of things which may
justifies a terry stop and frisk. provide the person arrested with EFFECT OF AN ILLEGAL SEARCH AND SEIZURE; FRUIT OF THE POISONOUS TREE
the means of escape. DOCTRINE

A search warrant illegally obtained or secured or which is issued in violation of the constitution
or the rules may be quashed through the proper motion as in a motion to quash the search Rule 127
warrant. Also, when evidence is illegally obtained, a motion to suppress the evidence is in Provisional Remedies in Criminal Cases
order.
! The provisional remedies in civil actions, insofar as they are applicable,
The general rule is that all searches and seizures made without a warrant are invalid. The may be availed of in connection with the ciivl action deemed instituted with
illegality of a search and a seizure occurs not only from the failure to obtain a warrant when the criminal action.
required but also from the failure to comply with the procedures for obtaining a warrant and in ! Attachment - When the civil action is properly instituted in the criminal
the execution of the same. Such failure will result in the application of the exclusionary rule. action as provided in Rule 111, the offended party may have the property
of the accused attached as security for the satisfaction of any judgment
The exclusionary rule prevents, upon proper motion or objection, the admission of evidence that may be recovered from the accused in the following cases:
illegally obtained. Thus, the most important effect of an illegal search and seizure is the
o When the accused is about to abscond from the Philippines;
exclusion of the evidence obtained from being used against the person whose rights were
o When the criminal action is based on a claim for money or
violated by the search, the evidence being the proverbial and jurisprudential "fruit of the
property embezzled or fraudulently misapplied or converted to the
poisonous tree." The violation of an individual's rights also inevitably result into civil, criminal
use of the accused who is a public officer, officer of a corporation,
and administrative charges against the officer responsible for the violation.
attorney, factor, broker, agent, or clerk, in the course of his

Section 14. Motion to quash a search warrant or to suppress evidence; where to file. — A employment as such, or by any other person in a fiduciary
motion to quash a search warrant and/or to suppress evidence obtained thereby may be filed capacity, or for a willful violation of duty;
in and acted upon only by the court where the action has been instituted. If no criminal action o When the accused has concealed, removed, or disposed of his
has been instituted, the motion may be filed in and resolved by the court that issued the property, or is about to do so; and
search warrant. However, if such court failed to resolve the motion and a criminal case is o When the accused resides outside the Philippines.
subsequent filed in another court, the motion shall be resolved by the latter court.

WHERE TO FILE A MOTION TO QUASH A SEARCH WARRANT OR TO SUPPRESS
EVIDENCE: By the court where the action has been instituted.

If no criminal action has been instituted, the motion may be filed in and resolved by the court
that issued the search warrant.

However, if such court failed to resolve the motion and a criminal case is subsequently filed in
another court, the motion shall be resolved by the latter court.

WHO MAY ASSAIL THE ISSUANCE OF A SEARCH WARRANT: The party whose rights have
been impaired thereby, and the objection to an unlawful search and seizure is purely personal.
It cannot be availed of by third parties.

NOTE: Certiorari under Rule 65 may be availed of in assailing the quashal of the search
warrant if the finding of probable cause constituted grave abuse of discretion.

 CASES MIRANDA V. TULIAO
FACTS Tuliao filed a criminal complaint for
murder to which Judge Tumaliuan
issued warrants of arrest.
Petitioners filed an urgent motion to
complete preliminary investigation,
to reinvestigate, and to recall
and/or quash the warrants of
arrest. In the hearing, the
petitioners were absent and so he
denied the urgent motion since the
court did not acquire jurisdiction
over their persons.
DOCTRINE
Jurisdiction over the person of the
accused is deemed waived by the
accused when he files any pleading
seeking an affirmative relief, except
in cases when he invokes the
special jurisdiction of the court by
impugning such jurisdiction over
his person. However, if a person
invoking the special jurisdiction of
the court applies for bail, he must
first submit himself to the custody
of the law.
Custody of the law is accomplished
either by arrest or voluntary
surrender.
Jurisdiction over the person of
the accused is acquired upon his
arrest or voluntary appearance.
PEOPLE V. ARUTA
Upon alighting a Victory Liner bus,
Aling Rosa was approached by a
team assembled by P/Lt. Abello and
introduced themselves as NARCOM
agents. They inspected her bag and
found dried marijuana leaves. She
was arrested and charged with
violating the Dangerous Drugs Act.
Upon arraignment, she pleaded not
guilty. RTC convicted and sentenced
her to suffer the penalty of life
imprisonment and to pay a fine of
twenty thousand (P20,000.00)
pesos.
WHERE WARRANTLESS ARREST
IS VALID:
1. Warrantless search incidental
to a lawful arrest recognized
under Section 12, Rule 126 of the
Rules of Court and by prevailing
jurisprudence;
2. Seizure of evidence in plain
view, the elements of which are:
(a) a prior valid intrusion based on
the valid warrantless arrest in
which the police are legally present
in the pursuit of their official duties;
(b) the evidence was inadvertently
discovered by the police who had
the right to be where they are;
(c) the evidence must be
immediately apparent, and
(d) plain view justified mere seizure
SINDAC V. PEOPLE
Sindac was charged of the crime of
illegal possession of dangerous drugs,
particularly shabu. During trial, the
prosecution alleged that the police
officers were conducting surveillance
operations on Sindac's alleged drug
trade when they saw a certain Cañon
handing over a plastic sachet to Sindac.
Suspecting that the sachet
contained shabu, they were able to
apprehend Sindac. When ordered to
empty his pocket, Sindac brought out
his wallet which contained a small
plastic sachet containing white
crystalline substance. After initially
determining that such substance
is shabu, the policemen arrested
Sindac and brought him to the police
station. There, Sindac's arrest was
recorded, the seized item was marked
in Sindac's presence, and a request for
chemical test was prepared
Instances when warrantless arrests
may be lawfully effected. These are:
(a) an arrest of a suspect in flagrante
delicto;
(b) an arrest of a suspect where, based
on personal knowledge of the arresting
officer, there is probable cause that said
suspect was the perpetrator of a crime
which had just been committed; and
(c) an arrest of a prisoner who has
escaped from custody serving final
judgment or temporarily confined
during the pendency of his case or has
escaped while being transferred from
one confinement to another.
In flagrante delicto:
(a) the person to be arrested must
execute an overt act indicating that he
has just committed, is actually
committing, or is attempting to commit
a crime; and
(b) such overt act is done in the
presence or within the view of the
PEOPLE V. MANAGO
PO3 Din witnessed a hold-up and
was one of the victims, he was
able to identify the suspect
herein Manago and decided to
conduct a hot pursuit operation a
day after the incident.
They put up a checkpoint and
when Manago passed thru in a
red Toyota corolla, PO3 Din
searched the car but found no
contraband. The police officers
then frisked Manago, resulting in
the discovery of one (1) plastic
sachet of shabu. The police
officers seized the plastic pack,
arrested Manago, informed him
of his constitutional rights, and
brought him and the plastic pack
to their headquarters.
While the element of personal
knowledge under Section 5 (b)
above was present - given that
PO3 Din actually saw the robbery
incident and even engaged the
armed robbers in a shootout - the
required element of immediacy
was not met. This is because, at
the time the police officers
effected the warrantless arrest
upon Manago's person,
investigation and verification
proceedings were already
conducted, which consequently
yielded sufficient information on
the suspects of the robbery
incident. As the Court sees it, the
information the police officers
had gathered therefrom would
have been enough for them to
secure the necessary warrants
against the robbery suspects.
However, they opted to conduct a
"hot pursuit" operation which -
of evidence without further search;
3. Search of a moving vehicle.
Highly regulated by the government,
the vehicles inherent mobility
reduces expectation of privacy
especially when its transit in public
thoroughfares furnishes a highly
reasonable suspicion amounting to
probable cause that the occupant
committed a criminal activity;
4. Consented warrantless search;
5. Customs search;
6. Stop and Frisk;
7. Exigent and Emergency
Circumstances.
arresting officer. considering the lack of
immediacy - unfortunately failed
to meet the legal requirements
therefor.
The police officers already
gathered enough information to
secure the necessary warrants to
accost the robbery suspects.
Consequently, there was no
longer any exigent circumstance
that would have justified the
necessity of setting up the
checkpoint in this case for the
purpose of searching the subject
vehicle.