1 SAN BEDA COLLEGE COLLEGE OF LAW Mendiola, Manila SYLLABUS IN CRIMINAL PROCEDURE BY: Atty. Plaridel J.

Bohol II Professor COURSE DESCRIPTION: The study of criminal procedure would involve a working knowledge in Criminal Law, Civil Law and Constitutional Law. In revisiting criminal law, it would be helpful to brush up with its characteristics of GENERALITY, TERRITORIALITY and PROSPECTIVITY, the rule on COMPLEX CRIMES and DOUBLE JEOPARDY as well as PREJUDICIAL QUESTION and INDEPENDENT CIVIL ACTIONS in civil law. In Constitutional Law, it is necessary to take a more serious look at the BILL OF RIGHTS, particularly on THE RIGHTS OF THE ACCUSED on TRIAL, CUSTODIAL INVESTIGATION vis--vis Article 125 of the Revised Penal Code and on UNREASONABLE SEARCHES AND SEIZURES. The subject matters of this Revised Rules on Criminal Procedure are divided into 18 rules from Rule 110 up to Rule 127 that took effect on December 1, 2001. The suggested code for easy recall would be: PPP-ABRAM-PTJ-NA-PPPSP, which is spelled out as follows: Rule 110- Prosecution of Offenses; Rule 111- Prosecution of Civil Actions; Rule 112- Preliminary Investigation; Rule 113- Arrest; Rule 114- Bail; Rule 115- Rights of the Accused; Rule 116- Arraignment and Plea; Rule 117- Motion to Quash; Rule 118- Pre-trial; Rule 119- Trial; Rule 120- Judgment; Rule 121- New trial or Reconsideration; Rule 122- Appeal; Rule 123- Procedure in Municipal Courts; Rule 124- Procedure in the Court of Appeals; Rule 125- Procedure in the Supreme Court; Rule 126- Search and seizure; Rule 127- Provisional Remedies in Criminal cases.

2 REVISED RULES ON CRIMINAL PROCEDURE I. a) PRELIMINARY CONSIDERATIONS Criminal Procedure i. Definition ii. Sources iii. Distinguished from Criminal Law iv. Construction of rule Jurisdiction i. Definition ii. Distinguished from venue iii. Criminal Jurisdiction; Requisites; How determined; iv. Territorial Jurisdiction v. Exception to Territorial Principle vi. Definition and Apportionment of Jurisdiction Rule 110. Prosecution of Offenses Sec. 1. Institution of Criminal Actions 1. Reodica v. C.A., 292 SCRA 87 Francisco v. C.A., 122 SCRA 538 Domingo v. Sandiganbayan, 322 SCRA 655 Dominador v. Sandiganbayan, 328 SCRA 292 Ong v. People, 342 SCRA 372 Samson v. Guingona, Jr., 348 SCRA 32 Sec. 2. The Complaint or Information City of Manila vs. Rizal, 27 Phil 50 Ngo Yao Tit vs. Sheriff of Manila, 27 Phil 378 Sec. 3. Complaint defined Sec. 4. Information defined 9. People v. Mendez, 335 SCRA 147 10. Tam Wing Tak v. Makasiar, 350 SCRA 475 11. Sanchez v. Demetriou, 277 SCRA 627 12. People v. Oso, 62 Phil. 271 Sec. 5. Who must prosecute criminal actions 13. Visbal v. Judge Ramos, A.M. No. MTJ-00-1306, Mar. 20, 2001 14. People v. Beriales, 70 SCRA 361 15. Bravo v. Court of Appeals, 208 SCRA 531 16. Chua Burce v. Court of Appeals, 331 SCRA 1 17. People v. Tanada, 166 SCRA 360 18. People v. Bugtong, 169 SCRA 767 19. Pilapil v. Ibay Somera, 174 SCRA 653 20. People v. Schneckenburger, 73 Phil 413 21. Fernandez v. Lantin, 74 SCRA 338 22. Perez v. Hagonoy Rural Bank, 327 SCRA 585

b)

II. a) 2. 3. 4. 5. 6. b) 7. 8. c) d)

e)

3 N.B. Read Article 344 of the RPC in relation to sec 5, Rule 110 of the Revised Rules. You must note that rape is now a crime against persons and was deleted as one of the private crimes that can only be commenced by the offended party pursuant to RA 8353, The anti-rape law of 1997) The complaint required in said Art. 344 is merely a condition precedent to the exercise of the proper authorities of the power to prosecute the guilty parties f) Sec. 6. Sufficiency of complaint or information 23. People v. Bayya, 327 SCRA 771 24. Serra v. Mortiga, 11 Phil 762 Sec. 7. Name of the accused 25. People v. Narvaes, 59 Phil 738 26. People v. Ramos, 85 Phil 68 27. People v. Perresa, 362 SCRA 202 Sec. 8. Designation of the offense 28. People v. Labado, 98 SCRA 730 29. People v. Torres, 165 SCRA 702 30. People v. Cosare, 95 Phil 657 31. People v. Nuez, 310 SCRA 168 32. People v. Nava, 333 SCRA 749 Sec. 9. Cause of Accusation 33. US v. Tan Choco, 12 Phil 262 Sec. 10. Place of commission of the offense 34. People v. Mercado, 65 Phil 668 35. People v. Pinuela et. Al, 91 Phil 53 Sec. 11. Date of commission of the offense 36. People v. Gianan-, 340 SCRA 477 37. People v. Magbanua, 319 SCRA 719 38. People v. Ladrillo, 320 SCRA 61 Sec. 12. Name of the offended party Sec. 13. Duplicity of the offense Sec. 14. Amendment or Substitution 39. Crespo v. Mogul, 151 SCRA 462, 40. Dimatulac v. Villon, 297 SCRA 679 41. Dungog v. Court of Appeals, 159 SCRA 145 42. Gabionza v. CA, G.R. No. 140311, Mar. 30, 2001 Sec. 15. Place where the action is to be instituted 43. Parulan v. Director of Prisons, 22 SCRA 638 44. People v. Grospe, 157 SCRA 155 p) Sec. 16. Intervention of the offended party in criminal action 45. Diel v. Martinez, 76 Phil. 273 III. a) 1. Rule 111- Prosecution of Civil Actions Sec. 1. Institution of criminal and civil action Mendoza v. Arrieta, 91 SCRA 113

g)

h)

i)

j)

k)

l) m) n)

o)

4 2. 3. b) c) 4. d) 6. e) 7. f) g) 8. 9. 10. Yakult Phils. v. CA, 190 SCRA 357 Maniago v. CA. 253 SCRA 674 Sec. 2. When separate civil action is suspended Sec. 3. When civil action may proceed independently Padua v. Robles, 66 SCRA 485 Sec. 4. Effect of death on civil actions 5. Limjoco v. Intestate Estate of Fragante, 80 Phil. 777 U.S. v. Dela Torre, 25 Phil. 36 Sec. 5. Judgment in civil action not a bar Salta v. De Veyra, 117 SCRA 212 Sec. 6. Suspension by reason of prejudicial question Sec. 7. Elements of Prejudicial Question Donato v. Luna, 160 SCRA 441 Marbella-Bobis v. Bobis, 336 SCRA 750 Umali vs. IAC, 186 SCRA 680 Rule 112- Preliminary Investigation; NB. This Rule has been partially amended by AM. 05-8-26-SC.

IV.

In essence the amendment consists of removing the conduct of preliminary investigation from judges of the first level courts.
1. 2. 3. 4. 5. a) Sec. 1. Preliminary Investigation defined People v. Monteverde, 142 SCRA 668 People v. Lambino, 103 SCRA 504 Doromal v. Sandiganbayan, 177 SCRA 354 People v. CA, 301 SCRA 475 Webb v. De Leon, 247 SCRA 652 b) Sec. 2. Officers authorized to conduct preliminary investigations c) Sec. 3. Procedure d) Sec. 4. Resolution of Investigating prosecutor and its review NB: Section 5 of the Rules of Court was deleted by A.M. 05-8-26SC which took effect last January 1, 2006.

The following is the new Section 5.

e) Sec. 5. When warrant of arrest may issue 6. People v. Inting, 187 SCRA 788 7. Lim v. Felix, 194 SCRA 292 f) Sec. 6. Sec. 7) When accused lawfully arrested without warrant (formerly

See: R.A. 9372 Human Security Act of 2007

5 g) Sec. 7. Records (formerly Sec. 8) h) Sec. 8. Cases not requiring a preliminary investigation nor by the Rules on Summary Procedure. (formerly Sec. 9) Rule 113- Arrest; a) Sec. 1. Definition of Arrest 1. People v. Domantay, 307 SCRA 1 V. 2. b) Sec. 2. Arrest, how made People v. Oanis, 74 Phil. 257 3. People v. Tudtud, G.R. No. 144036, Sept. 26, 03

covered

c) Sec. 3. Duty of Arresting Officer 4. People v. Rodriquez, 341 SCRA 645 5. Sayo v. Chief of Police, 80 Phil. 859 6. d) Sec. 4. Execution of Warrant Mamangon v. CFI, 189 SCRA 217

e) Sec. 5. Arrest without warrant 7. People v. Bati, 189 SCRA 103 8. People v. Claudio, 160 SCRA 648 9. People v. Ancheta, 68 Phil. 415 10. People v. Sucro, 195 SCRA 388 11. People v. Aminnudin, 163 SCRA 402 12. Posadas v. Ombudsman, 341 SCRA 388 f) Sec. 6. Time of making arrest g) Sec. 7. Method of arrest by officer by virtue of a warrant 13. People v. Palatin, 311 SCRA 186 14. Cadua vs. CA, 312 SCRA 703 h) i) j) k) l) m) n) VI. a) 1. 2. 3. 4. 5. 6. c) Sec. Sec. Sec. Sec. Sec. Sec. Sec. 8. Method of arrest by officer without warrant 9. Method of arrest by private person 10. Officer may summon assistance 11. Right of Officer to break into building or enclosure 12. Right to break out from building or enclosure 13. Arrest after escape or rescue 14. Right of attorney or relative to visit person arrested

Rule 114- Bail; Sec. 1. Bail defined. Almeda v. Villaluz, 86 SCRA 38 Maguddatu v. CA, 326 SCRA 362 Bangayan v. Butacan, 345 SCRA 301 Garcia-Padilla v. Enrile, 121 SCRA 472 Aswat v. Galido, 204 SCRA 205 b) Sec. 2. Conditions of the bail; Requirements. Manotoc Jr., v. CA, 142 SCRA 149 Sec. 3. No release or transfer except on court order or bail

6 d) 7. 8. 9. 10. e) Sec. 4. Bail, a matter of right; exception; People v. Gako, Jr., 348 SCRA 334 Comia v. Astona, 337 SCRA 656 Paderang v. CA, 247 SCRA 741 Teehankee v. Director of Prisons, 76 Phil 756 Sec. 5. Bail, when discretionary 11. Bravo, Jr., vs. Borja, 134 SCRA 466 Sec. 6. Capital offense defined

f)

NOTE: RA No. 9346 (AN ACT PROHIBITING THE IMPOSITION OF DEATH PENALTY IN THE PHILIPPINES, JUNE 24, 2006) abolished the death penalty. Hence, there is no more capital offense. EXCEPTION: If the accused charged with a capital offense is a minor. REASON One who faces a probable death sentence has a particularly strong temptation to flee. This reason does not hold where the accused has been established without objection to be a minor who by law cannot be sentenced to death. For purposes of recommending the amount of bail, the privileged mitigating circumstance of minority shall be considered. (Sec. 34 , RA No. 9344 or the JUVENILE JUSTICE AND WELFARE ACT OF 2006). NOTE: RA No. 9344 suspends the sentence of persons convicted of an offense while they were below 18 years of age. For those committed by minors below 15 years old, there is NO criminal liability, only civil liability. Minors aged 15-17 years 11 months 29 days must have acted with discernment. Otherwise, they have no criminal liability. g) Sec. 7. Capital offense or an offense punishable by reclusion perpetua or life imprisonment, not bailable. h) Sec. 8. Burden of proof in bail application 11. Narciso v. Sta. Romana-Cruz, 328 SCRA 505 Sec. 9. Amount of bail; guidelines 12. De la Camara v. Enage, 41 SCRA 1 Sec. 10. Corporate Surety Sec. 11. Property bond, how posted Sec. 12. Qualification of sureties in property bond Villaseor v. Abano, 21 SCRA 312 13. Justification of sureties 14. Deposit of cash as bail 15. Recognizance 16. Bail, when not required; reduced bail or

i)

j) k) l) 15.

m) Sec. n) Sec. o) Sec. p) Sec. recognizance

q) 16. 17. r) 18. 19. s) t) 20. u) v) 21. w) 22.

Sec. 17. Bail, where filed. Borinaga v.Tamin, 226 SCRA 206 Cruz v. Judge Yaneza, 304 SCRA 294 Sec. 18. Notice of application to prosecutor People v. Raba, 130 Phil. 384 Paraga v. Veneracio, 269 SCRA 371 Sec. 19. Release on bail Sec. 20. Increase or reduction of bail Sy Guan v. Amparo, 79 Phil. 690 Sec. 21. Forfeiture of Bail Sec. 22. Cancellation of Bail People v. Lorredo, 50 Phil. 209 Sec. 23. Arrest of the accused out on bail Silverio v. CA, 195 SCRA 760

x) Sec. 24. No bail after final judgment; exception y) Sec. 25. Court supervision of detainees z) Sec. 26. Bail not a bar on objections on illegal arrest, lack of or irregular preliminary investigation VII. 1. 2. 3. 4. 5. 6. 7. 8. 10. 11. 12. 13. 14. 15. Rule 115- Rights of the Accused; a) Sec. 1. Rights of the accused at the trial People v. Ang Gioc Ko, 73 Phil. 366 Peopl;e v. Dramayo, 42 SCRA 60 People v. Gines, 197 SCRA 481 People v. Quibate, 131 SCRA 80 People v. Hildalgo, 85 Phil. 756 Marcelo v. Sandiganbayan, 302 SCRA 102 People v. Cayago, 312 SCRA 623 People v. Bacor, 306 SCRA 522 9. People v. Mendoza, G.R. No. 143702, Sept. 13, 2001 People v. De Vera, 312 SCRA 640 People v. Mayorga, 346 SCRA 458 People v. Rondero, 320 SCRA 383 People v. Declaro, 170 SCRA 143 Tan v. Gallardo, 73 SCRA 315 People v. Bernas, 130 SCRA 178 See: THE SPEEDY TRIAL ACT OF 1998 ( R.A. 8493) VIII. 1. 2. 3. Rule 116- Arraignment and Plea; a) Sec. 1. Arraignment and Plea; how made Borja v. Mendoza, 77 SCRA 422 People v. Abapo, 329 SCRA 513 People v. Cariaga, 64 Phil. 390

8 b) c) 4. 5. 6. 7. Sec. 2. Plea of guilty to a lesser offense Sec. 3. Plea of guilty to capital offense; reception of evidence People v. De Luna, 174 SCRA 204 People v. Dayot, 187 SCRA 637 People v. Nadera, 324 SCRA 490 People v. Molina, G.R. No. 14129-33, Dec. 14, 2001

8. 9. 10. 11. 12. 13.

d) Sec. 4. Plea of guilty to non-capital offense; reception of evidence, discretionary People v. Acosta, 98 Phil. 642 People v. De Mesa, 74 Phil. 740 People v. Arconado, 4 SCRA 559 People v. Digoro, 16 SCRA 376 e) Sec. 5.Withdrawal of improvident plea of guilty People v. De Luna, 174 SCRA 204 People v. Serrano, 85 Phil. 835 Sec. 6. Duty of court to inform accused of his right to counsel People v. Serzo, Jr., 274 SCRA 553 People v. Lamsing, 248 SCRA 472 Sec. 7. Appointment of counsel de officio Sayson v. People, 166 SCRA 680 People v. Rio, 201 SCRA 702 Sec. 8. Time for counsel de officio to prepare for arraignment 18. People v. Bascuguin, G.R. No. 144404, Sept. 24, 2001 Sec. 9. Bill of particulars People v. Abad Santos, 76 Phil. 744 Rocaberte v. People, 193 SCRA 152

f) 14. 15. g) 16. 17. h)

i) 19. 20.

j) Sec. 10. Production or inspection of material evidence in possession of prosecution k) Sec. 11. Suspension of arraignment Rule 117- Motion to Quash; a) Sec. 1. Time to move to quash People v. Givera, 349 SCRA 513 Suy Sui v. People, 92 Phil. 684 b) 3. c) 4. 5. 6. 7. 8. Sec. 2. Forms and contents People v. Asuncion, 161 SCRA 490 Sec. 3. Grounds Lacson v. Executive Secretary, 301 SCRA 330 Llorente v. Sandiganbayan, 322 SCRA 329 People v. Lagon, 185 SCRA 442 Layosa v. Rodriquez, 86 SCRA 300 Cruz v. Sandiganbayan, 194 SCRA 474

IX. 1. 2.

9 9. 10. 11. 12. 14. 15. 16. 17. 18. 19. d) e) 20. People v. Diaz, 94 Phil. 714 People v. Garcia, 46 Phil. 463 U.S. v. Dela Torre, 25 Phil. 36 People v. Misola, 87 Phil. 830 13. Barrioquinto, v. Fernandez, et.al., 82 Phil. 642 Monsanto v. Factoran, Jr., 170 SCRA 190 Balite v. People, 124 Phil. 868 Francisco v. CA, 122 SCRA 538 People v. Villalon, 192 SCRA 521 People v. Mogol, 131 SCRA 296 People v. Hon. Tac-an, 300 SCRA 265 Sec. 4. Amendment of complaint or information Sec. 5. Effects of sustaining the motion to quash Lavides v. CA, 325 SCRA 321 21. Marcos v. Sandiganbayan, 326 SCRA 473

22. 23. 24. 25. 26. 27. 28. 29. 30.

f) Sec. 6. Order sustaining the motion to quash not a bar to another prosecution; explain Milo v. Salonga, 152 SCRA 113 Caniza v. People, 159 SCRA 16 People v. Silay, 74 SCRA 274 g) Sec. 7. Former conviction or acquittal; double jeopardy People v. Ilagan, 58 Phil. 558 Abay v. Garcia, 162 SCRA 665 People v. Bao, 100 Phil. 243 People v. City of Manila, 121 SCRA 637 People v. Relova, 148 SCRA 294 Central Bank v. CA, 171 SCRA 49 Sec. 8. Provisional dismissal

h)

i) Sec. 9. Failure to move to quash or to allege any ground therefor Rule 118- Pre-trial; a) Sec. 1. Pre-trial; mandatory in criminal cases U.S. v. Donato, 9 Phil. 701 b) 2. 3. c) d) XI. Sec. 2. Pre-trial agreement Fule v. CA, 162 SCRA 447 People v. Hernandez, 260 SCRA 27 Sec. 3. Non-appearance at pre-trial conference Sec. 4. Pre-trial order Time to prepare for trial Continuous trial until terminated; postponements Exclusions Factors for granting continuance

X. 1.

Rule 119- Trial; a) Sec. 1. b) Sec. 2. c) Sec. 3. d) Sec. 4.

10 e) f) Sec. 5. Time limit following an order for new trial Sec. 6. Extended time limit

1.

g) Sec. 7. Public attorneys duties where accused is imprisoned People v. Buluran, 325 SCRA 476 h) Sec. 8. Sanctions

i) Sec. 9. Remedy where accused is not brought to trial within the time limit 2. Abardo v. Sandiganbayan, G.R. No. 13951-72, Mar. 3,2001 j) Sec. 10. Law on speedy trial not a bar to provision on speedy trial in the Constitution k) 4. Sec. 11. Order of trial 3. People v. Balisacan, 17 SCRA 119 People v. Gutierrez, 302 SCRA 643

l) Sec. 12. Application for examination of witness for accused before trial m) Sec. 13. Examination of defense witness; how made n) Sec. 14. Bail to secure appearance of material witness o) Sec. 15. Examination of witness for the prosecution p) 5. q) 6. 7. 8. 9. r) 10. 11. Sec. 16. Trial of severed accused People v. De Vera, Sr., 308 SCRA 77 Sec. 17. Discharge of accused to be state witness People v. Bacsa, 104 Phil. 136 People v. Anion, 158 SCRA 710 People v. Jamero, 24 SCRA 206 People v. Beberino, 79 SCRA 694 Sec. 18. Discharge of accused operates as acquittal People v. De Guzman, 326 SCRA 131 People v. Deong, 338 SCRA 657

s) Sec. 19. When mistake has been made in charging the proper offense t) 12. u) v) w) 13. 14. x) Sec. 20. Appointment of acting prosecutor Salcedo v. Liwag, 9 SCRA 609 Sec. 21. Exclusion of public prosecutor Sec. 22. Consolidation of trials of related offenses Sec. 23. Demurrer to Evidence Godoy v. CA, 165 SCRA 148 Alarilla v. Sandiganbayan, 338 SCRA 485 Sec. 24. Reopening

11

XII. 1. 2. 3. 4. 5. 6. 7. 8.

Rule 120- Judgment; a) Sec. 1. Judgment; definition and form Talabon v. Warden, 78 Phil. 599 People v. Amondina, 220 SCRA 6 b) Sec. 2. Contents of the judgments People v. Abellera, 69 Phil. 623 People v. Silo, 99 Phil. 216 U.S. v. Avillar, 28 Phil. 131 U.S. v. Iguidez, 36 Phil. 680 Abejuela v. People, 200 SCRA 806 Maximo v. Gerochi, Jr., 144 SCRA 326 Sec. 3. Judgment for two or more offenses People v. Corral, 157 SCRA 673

c) 9.

10.

d) Sec. 4. Judgments in case of variance between allegation and proof People v. Gallarde, 325 SCRA 172 11. People v. Arondain, G.R. 131864-65, Sept. 27, 2001 e) Sec. 5. When an offense includes or is included in another U.S. v. Guzman, 8 Phil. 21 f) Sec. 6. Promulgation of judgment People v. Mendez, 28 SCRA 881 People v. Jaranilla, 55 SCRA 563 People v. Mapalao, 197 SCRA 79

12. 13. 14. 15.

g) Sec. 7. Modification of judgment h) Sec. 8. Entry of judgment i) Sec. 9. Existing provisions governing suspension of sentence, probation and parole, not affected by this Rule XIII. Rule 121- New trial or Reconsideration; a) Sec. 1. New trial or reconsideration 1. Evaristo v. Lastrilla, 110 Phil. 181 b) Sec. 2. Grounds for new trial 2. People v. Castelo, 1 SCRA 461 Sec. 3. Grounds for reconsideration Sec. 4. Form of motion and notice to the prosecutor 3. Paredes v. Borja, 3 SCRA 495 a new trial or

c) d)

e) Sec. 5. Hearing of motion f) Sec. 6. Effects of granting reconsideration 4. People v. Ebias, 324 SCRA 675 XIV. Rule 122- Appeal;

12 a) 1. 2. 3. 4. 5. 6. 7. 8. 9. Sec. 1. Who may appeal Kepner v. U.S., 11 Phil. 669 People v. Paet, 100 Phil. 357 People v. Hart, 24 Phil. 578 Central bank v. CA, 171 SCRA 49 People v. Desalisa, 125 Phil. 27 People v. Gomez, 20 SCRA 293 People v. Ursua, 60 Phil. 252 Bernardo v. CA, 190 SCRA 63 People v. Sison, 312 SCRA 792

10. 11.

b) Sec. 2. Where to appeal c) Sec. 3. How appeal taken People v. Francisco, 254 SCRA 475 People v. Cleopas, 327 SCRA 552 o) p) Sec. 4. Service of notice of appeal Sec. 5. Waiver of notice 12. U.S. v. Sotevento, 40 Phil. 176 13. Director of Prisons v. Teodoro, 97 Phil 372

q) Sec. 6. When appeal to be taken r) Sec. 7. Transcribing and filing of notes of stenographic reporter upon appeal s) Sec. 8. Transmission of papers to appellate court t) Sec. 9. Appeal to the Regional Trial Court u) Sec. 10. Transmission of records in case of death penalty v) 15. 16. w) 17. 18. 19. Sec. 11. Effect of appeal by any of severed accused People v. Fernandez, 186 SCRA 830 People v. Rodriguez, 341 SCRA 645 Sec. 12. Withdrawal of appeal People v. Maguddayao, 132 SCRA 34 People v. Villanueva, 93 Phil. 927 People v. Dueno, 90 SCRA 23 20. People v. Madrigal-Gonzales, 117 SCRA 956

x) Sec. 13. Appointment of counsel de officio for accused on appeal XV. Rule 123- Procedure in Municipal Courts; a) Sec. 1. Uniform procedure Rule 124- Procedure in the Court of Appeals; a) Sec. 1. Title of the case b) Sec. 2. Appointment of counsel de officio for the accused People v. Rio, 201 SCRA 702 c) Sec. 3. When brief for appellant to be filed

XVI.

1.

13 d) Sec. appellant e) Sec. f) Sec. g) Sec. 4. When brief for appellee to be filed; reply brief of the 5. Extension of time for filing briefs 6. Form of brief 7. Contents of brief

h) Sec. 8. Dismissal of appeal for abandonment or failure to prosecute 2. People v. Mapalao, 197 SCRA 79 3. People v. Bugnay, 128 SCRA 31 i) Sec. 9. Prompt disposition of appeals 4. Sycip v. CA, 134 SCRA 317

j) Sec. 10. Judgment not to be reversed or modified except for substantial error 5. People v. Cabiling, 74 SCRA 285 k) Sec. 11. Scope of Judgment l) Sec. 12. Power to receive evidence m) Sec. 13. Quorum of the court; certification or appeal of cases to Supreme Court n) Sec. 14. Motion for new trial o) 6. Sec. 15. Where new trial conducted People v. Mamatik, 105 Phil. 479

p) Sec. 16. Reconsideration q) Sec. 17. Judgment transmitted and filed in trial court r) Sec. 18. Application of certain rules in civil procedure to criminal procedure XVII. Rule 125- Procedure in the Supreme Court; a) Sec. 1. Uniform procedure b) 1. 2. 3. c) Sec. 2. Review of decisions of Court of Appeals FNCB Finance v. Estavillo, 192 SCRA 515 Joaquin v. Navarro, 93 Phil. 257 Cruz v. Sosing, 94 Phil. 26 Sec. 3. Decision if opinion is equally divided 4. Sumbingco v. CA, 155 SCRA 24

XVIII. 1. 2. 3. 4. 5. 6. 7.

Rule 126- Search and seizure; a) Sec. 1. Search warrant defined Nolasco v. Pao, 139 SCRA 154 Stonehill v. Diokno, 20 SCRA 383 Burgos v. Chief of Staff, 133 SCRA 800 Corro v. Lising, 137 SCRA 541 Columbia Pictures v. Flores, 223 SCRA 761 Kho v. Makalintal, 306 SCRA 70 Mata v. Bayona, 128 SCRA 388

14 b) filed c) 9. d) 10. 11. 12. 13. 14. e) 15. 16. f) 17. g) Sec. 2. Court where application for search warrant shall be Sec. 3. Personal property to be seized Yee Sue Koy v. Almeda, 70 Phil. 141 Sec. 4. Requisites for issuing search warrant Uy v. BIR, 344 SCRA 36 People v. CA, 216 SCRA 101 Uy Khetin v. Villareal, 42 Phil 887 Tambasen v. People, 246 SCRA 184 Alvarez v. CFI of Tayabas, 64 Phil. 33 Sec. 5. Examination of complainant; record Asian Surety Ins. Co. v. Herrera, 54 SCRA 312 People v. Pea, 97 Phil. 669 Sec. 6. Issuance and form of search warrant WHO v. Aquino, 48 SCRA 242 Sec. 7. Right to break door or window to effect search

18. 19.

h) Sec. 8. Search of house, room, or premises, to be made in presence of two witnesses Harvey v. Defensor-Santiago, 162 SCRA 840 Salazar v. Achacoso, 183 SCRA 155 i) j) k) Sec. 9. Time of making search Sec. 10. Validity of search warrant Sec. 11. Receipt for the property seized Quintero v. NBI, 162 SCRA 467

20.

l) Sec. 12. Delivery of property and inventory thereof to court; return and proceedings thereon 20. Vlason Ent. Corp. v. CA, 155 SCRA 186 m) 21. 22. 23. 24. 25. 26. 27. 28. 29. Sec. 13. Search incident to lawful arrest Roldan v. Arca, 65 Phil. 336 Padilla v. CA, 269 SCRA 402 People v. Guzman, 351 SCRA 573 People v. Musa, 217 SCRA 609 People v. Rodriquez, 205 SCRA 791 Aballe v. People, 183 SCRA 196 People v. Usana, 323 SCRA 754 People v. Che Chung Ting, 328 SCRA 592 Nolasco v. Pao, 147 SCRA 513

n) Sec. 14. Motion to quash a search warrant or to suppress evidence; where to file XIX. 1. Rule 127- Provisional Remedies in Criminal cases. a) Sec. 1. Availability of provisional remedies Babalo v. Abao, 90 Phil. 827

15 2. b) Santos v. Hon. Flores, 5 SCRA 1136 Sec. 2. Attachment 3. Mindanao Savings, etc. v. CA, 172 SCRA 480

- GOOD LUCK -