Republic of the Philippines

Mountain Province State Polytechnic College

Bontoc Campus
Bontoc, Mountain Province

CLJ 116
10:00-12:00 M-F

MODULE 1 of 3

COURT TESTIMONY

Prepared by:
ATTY. ALLEN JOY A. TACTAY

Criminology Department

Middle Term, SY 2020-2021

 INTRODUCTION

Good day, ladies and gentlemen. Welcome to the middle term of school year 2020-
2021. I hope you are all well and are ready for this term.

You are currently enrolled in the subject COURT TESTIMONY and by the very
nature of your course, you are required to be knowledgeable about the laws of the
Philippines in relation to filing cases, jurisdiction of courts, hierarchy of courts and other
rules as provided by law. As such, this subject provides you with the discussions of
Revised Rules on Evidence, Criminal Procedure, Civil Procedure, Rules of Court,
including updates and special penal laws in connection with the covered topics.

By reason of this pandemic, we cannot meet face-to-face. Hence, you need to

make the necessary adjustments and exert more effort to further understand your
lessons. Grab a copy of the Rules of Court of the Philippines, books, downloadable files
or even audio books and read ahead of time. PROCRASTINATION IS NOT AN OPTION.

At the end of each lesson, you will be given assignments and/or activities. This
is the only way for us to evaluate whether or not you understood your lessons. Since
the activities will be take home, expect that the answers will not be directly found on
this module. You will need to understand each topic and for some activities, you will be
needing research and analysis.

For uniformity, the following shall be complied with:

1. For those who are residing in Bontoc, at least 21 years old, those under 21 but
with representatives or those who can pass their answers personally:
a. You can place your answers on yellow pad paper/s or encode it with
Font: Bookman old style, font size 11, paper: legal;
b. Write your name at the top left portion of the paper, last name first
followed by your given name and middle initial;
c. Pass your answers at Tactay Law Office, 2nd Floor Bagwan Building,
Poblacion, Bontoc, Mountain Province. My office is open every day from
9am-5pm.
d. Staple multiple pad papers and please mind your handwriting and
grammar 
2. For those residing outside Bontoc, or those who opt to pass their answers online:
a. you can e-mail me your answers at allenjoy.tactay14@gmail.com;
b. Font: Bookman old style, font size 11, paper: legal;
c. Write your name at the header, last name first followed by your given
name and middle initial;
3. All answers should be passed two weeks before the Midterm Exams;
4. Submit your answers on time. Late submissions will not be tolerated.

For queries and clarifications, you can reach me on FB Messenger under the profile
name Aj Ayochok Tactay or email me at allenjoy.tactay14@gmail.com. Good luck and I
hope we get to have a fun and wonderful semester together. Let’s get started!

LEARNING OUTCOMES

At the end of this module, you should be able to:

1. Define and understand what court testimony is;
2. Identify the amendments to the rules on evidence and the rules of court
including the proposed amendments thereto;
3. Identify the jurisdiction of courts and where to file the appropriate cases;
and
4. Identify and elaborate the different Rules of the Revised Rules of Court of
the Philippines and 2019 Amendments to the Revised Rules on Evidence
(A.M. No. 19-08-15-SC).

1
Prepared by Atty. AJ Ayochok Tactay
Protected by RA 8293
 PRE-TEST

In your own words, explain what court testimony is and its relevance in attaining
justice.

LESSON 1: JURISDICTION OF COURTS and PRELIMINARY INVESTIGATION

Objectives: At the end of the lesson, you should be able to:

1. Describe and understand the jurisdiction of courts;
2. Understand preliminary investigation and identify when it is necessary; and
3. Identify which court should a particular case be filed.
LET’S ENGAGE

The purpose of court testimony is to know the truth through witness accounts
including the authentication of documents, identifying object evidence and
corroborating other pieces of evidence. Let us begin!

LET’S TALK ABOUT IT

Before we start, let us understand the following terms:

 Court Testimony - the information and answers to questions given by a witness

to the court as a whole. It is not restricted to being oral testimony, as it can be
written testimony, as well. It is also meant to be statements of fact, of actual
occurrences, as opposed to statements of opinion or assumptions on the part of
the witness, except for certain circumstances such as the testimony of expert
witnesses.
 Cause of Action - the act or omission by which a party violates a right of another.
It pertains to the allegation of ultimate facts in a pleading.
 Criminal Action - one by which the state prosecutes a person for an act or
omission punishable by law.
 Civil Action - one by which a party sues another for enforcement or protection
of civil rights, or the prevention or redress of wrong, which may either be ordinary
or special.
 Crime - is generally an act or omission violating a special penal law, statute or a
municipal ordinance, or any offense as defined and penalized under the RPC.
 Court - is an organ of the government, belonging to the judicial department,
whose function is the application of laws to controversies brought before it and
the public administration of justice.
Functions of court:

1. Decide actual controversies and not to give opinions upon abstract propositions;
2. Apply the law; and
3. Interpret the law.

Classification of Courts:

1. Regular courts:
a. Supreme Court;
b. Court of Appeals;
c. Regional Trial Courts; and
d. Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial
Courts, Municipal Circuit Trial Courts;
2. Special courts:
a. Sandiganbayan;
b. Court of Tax Appeals; and
c. Shari’a District Courts, Shari’a Circuit Courts;
3. Quasi-Courts or Quasi-Judicial Agencies.

2
Prepared by Atty. AJ Ayochok Tactay
Protected by RA 8293
 PRINCIPLE OF JUIDICIAL HIERARCHY
- The principle provides that lower courts shall initially decide a case before it is
considered by a higher court. A higher court will not entertain direct resort to it
unless the redress desired cannot be obtained in the appropriate courts.
- The rule on hierarchy of courts determines the venue of appeals. Such rule is
necessary to prevent inordinate demands upon the Court's precious time and
attention which are better devoted to matters within its exclusive jurisdiction,
and to prevent further overcrowding of the Court's docket.

JURISDICTION
- Refers to the power and authority of a court to try, hear, and decide a case and
the power to enforce its determination.

Jurisdiction of the Municipal Trial Courts in Criminal Cases:

1. Violations of city or municipal ordinances committed within their respective

territorial jurisdiction;
2. All offenses punishable with imprisonment not exceeding 6 years, regardless
of the fine or other accessory penalties and civil liability;
3. Offenses involving damage to property through criminal negligence
4. In cases where the only penalty provided by law is a fine, it has exclusive
jurisdiction over offenses punishable by a fine not exceeding P4,000;
5. In election offenses, cases involving failure to register or failure to vote
6. Special jurisdiction to hear and decide petitioners for a writ of habeas
corpus or application for bail in the province or city where the RTC judge is
absent; and
7. Cases involving BP 22—Bouncing Checks Law.

Jurisdiction of Regional Trial Courts in Criminal Cases:

1. Criminal cases not within the exclusive jurisdiction of any court, tribunal or
body, except those falling under the exclusive and concurrent jurisdiction of
the Sandiganbayan;

2. All criminal cases where the penalty is higher than 6 years, including
government-related cases wherein the accused in not one of those falling
under the jurisdiction of the Sandiganbayan.

3. Other laws which specifically lodge jurisdiction in the RTC:

a. Laws on written defamation or libel;
b. Decree on Intellectual Property;
c. Dangerous Drugs Cases except where the offenders are below 16
years and there are Juvenile and Domestic Relations Courts in the
province.
4. Appellate jurisdiction over all cases decided by MTCs in their respective
territorial jurisdiction;
5. In areas where there are no family courts, the cases falling under the jurisdiction
of family courts shall be adjudicated by the RTC.

FAMILY COURTS (RTC designated as such)

1. Criminal cases where one or more of the accused is below eighteen (18) years of
age but not less than nine (9) years of age, when one or more of the victims is a
minor at the time of the commission of the offense: Provided, That if the minor is
found guilty, the court shall promulgate sentence and ascertain any civil liability
which the accused may have incurred. The sentence, however, shall be
suspended without need of application pursuant to Presidential Decree No. 903,
otherwise known as the "Child and Youth Welfare Code";

2. Cases against minors cognizable under the Dangerous Drugs Act;

3
Prepared by Atty. AJ Ayochok Tactay
Protected by RA 8293
 3. Violations of Republic Act No. 7160, otherwise known as the "Special Protection
of Children Against Child Abuse, Exploitation and Discrimination Act", as
amended by Republic Act No. 7658, and
4. Cases of domestic violence against women and children.

SANDIGANBAYAN:

1. Violation of RA 3019 (Anti-Graft), RA 1379 and Chapter II, Sec. 2, Title VII of
Revised Penal Code; and other offenses committed by public officials and
employees in relation to their office, and private individuals charged as co-
principals, accomplices and accessories including those employed in
government-owned or controlled corporations, where one or more of the accused
are officials occupying the following positions in the government, whether in a
permanent, acting or interim capacity, at the time of the commission of the
offense:
a. Officials of the Executive branch classified as Grade '27' or higher
specifically including:
b. Members of Congress
c. Members of Judiciary
d. Members of Constitutional Commissions
e. All other national and local officials classified as grade '27' and higher

PROSECUTION OF OFFENSES

Criminal actions are instituted by:

1. Where preliminary investigation is required – filing the complaint with the proper
officer for the purpose of conducting the requisite preliminary investigation; or
2. For all other offenses - filing the complaint or information directly with the MTC
and MCTC, or the complaint with the office of the prosecutor.

NOTE: There is no direct filing of an information or complaint with the RTC because its
jurisdiction covers offenses which require preliminary investigation.

All criminal actions initiated by complaint or information are filed by the

prosecutor except for offenses or crimes that cannot be prosecuted de officio known as
private crimes:
1. Adultery and concubinage;
2. Seduction, abduction and acts of lasciviousness; and
3. Criminal actions for defamation imputing the abovementioned offenses.

GR: The public prosecutor shall prosecute, direct and control all criminal actions
commenced by a complaint or information.

XPN: The private prosecutor (private counsel) may prosecute the case provided that:
1. The public prosecutor has heavy work schedule; or
2. There is lack of public prosecutors.

A complaint or information is deemed sufficient if it contains the following:

1. Name of the accused, if the offense is committed by more than one person, all of
them shall be included in the complaint or information;
2. Designation of the offense given by the 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; and
6. Place where the offense was committed (Sec. 6, Rule 110)

NOTE: Information is an accusation in writing charging a person with an offense,

subscribed by the prosecutor and filed by him with the court. 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.

4
Prepared by Atty. AJ Ayochok Tactay
Protected by RA 8293
 Form of a valid complaint or information
1. In writing;
2. In the name of the People of the Philippines; and
3. Against all persons responsible for the offense involved (Sec. 2, Rule 110).

The designation of the offense given by the statute must be stated in the complaint or
information with the averment of acts or omissions constituting the offense and the
attendant 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.

GR: A complaint or information must charge only one offense.

XPN: When the law prescribes a single punishment for various offenses:
1. Complex crimes;
2. Special complex crimes;
3. Continuous crimes or delicto continuado;
4. Crimes susceptible of being committed in various modes; and
5. Crimes of which another offense is an ingredient.

Venue for the institution of criminal actions

GR: Subject to existing laws, criminal action shall be instituted and tried in the court
of the municipality or territory where the offense was committed or any of its essential
ingredients occurred (Sec. 15, Rule 110).

NOTE: Venue is a jurisdictional matter. The court cannot exercise jurisdiction over a
person charged with an offense committed outside its limited territory except for the
following:

 An offense was committed on a railroad train, in an aircraft, or in any other public

or private vehicle in the course of trip – The criminal action may be instituted and
tried in the court of any municipality or territory where such train, aircraft or
other vehicle passed during such trip, including the place of departure and arrival
[Sec. 15 (b), Rule 110];
 Where the offense is committed on board a vessel on its voyage – The criminal
action may be instituted and tried in the proper court of the first port of entry or
of any municipality or territory through which the vessel passed during such
voyage subject to the generally accepted principles of international law [Sec.
15(c), Rule 110];
 Felonies under Art. 2 of the RPC – Shall be cognizable by the proper court where
the criminal action was first filed [Sec. 15(d), Rule 110];
 Continuous or transitory crimes – Such offenses may be tried by the court of any
jurisdiction wherever the offender may be found, but the complainant should
allege that the offense was committed within the jurisdiction of the court (Herrera,
2007);
 Piracy – The venue of piracy, unlike all other crimes, has no territorial limits. It
is triable anywhere;
 Libel – The action may be instituted at the election of the offended or suing party
in the municipality or city where:
o The libelous article is printed and first published;
o If one of the offended parties is a private individual, where said private
individual actually resides at the time of the commission of the offense; or
o If the offended party is a public official, where the latter holds office at the
time of the commission of the offense.
 BP 22 cases – The criminal action shall be filed at the place where the check was
drawn, issued, delivered, or dishonored. In case of crossed check, the place of the
depositary or the collecting bank.
 Perjury – The criminal action may be instituted at the place where the testimony
under oath is given or where the statement is submitted, since both are material
ingredients of the crime committed;
 Violation of Sec. 9 of Migrant Worker and Oversees Filipino Act of 1995 – It shall
be filed not only in RTC where the offense was committed but it may also be filed

5
Prepared by Atty. AJ Ayochok Tactay
Protected by RA 8293
 where the offended party actually resides at the time of the commission of the
offense. The first court to acquire jurisdiction excludes others;
 Article 315(2)(d) – It may be instituted at the place where the deceit or damage
may arise.

PROSECUTION OF CIVIL ACTIONS RULE 111

GR: The institution or filing of the criminal action includes the institution therein of the
civil action for recovery of civil liability arising from the offense charged.

XPNs: When the offended party:

1. Waives the civil action;
2. Reserves his right to file a separate civil action; or
3. Institutes a civil action prior to the criminal action.

Instances when civil actions may proceed independently

1. Arising from breach of contract; and
2. Independent civil actions or those based on Arts. 32, 33, 34 and Art. 2176 of the
New Civil Code or quasi-delict.

Effect of Death of Accused or Convict on Civil Action

If the accused died:
1. After arraignment and during the pendency of the criminal action
GR: The civil liability of the accused based on the crime (civil liability ex delicto)
is extinguished.
XPNs:
a. Independent civil action based on Arts. 32 33, 34 and 2176 of the Civil
Code; and
b. Civil liability predicated on other sources of obligations, i.e. law, contract,
and quasicontract, which are subsequently instituted.

2. Before arraignment – the offended party may file the civil action against the estate
of the deceased (Sec. 4, Rule 111).
3. Pending appeal
a. Civil liability arising from the crime is extinguished
b. Civil liability predicated from another source survives i.e. civil liability
arising from law, contracts, quasi-contract and quasi-delict.

NOTE: The extinction of the penal action does not extinguish the civil action except
when there is a finding in a final judgment in the criminal action that the act or omission
from which the civil liability might arise did not exist.

PREJUDICIAL QUESTION
- It is an issue involved in a civil action which is similar or intimately related to the
issue raised in a criminal action, the resolution of which determines whether or
not the criminal action may proceed.
- The prejudicial question may be raised during the preliminary investigation of
the offense or in court before the prosecution rests its case.

PRELIMINARY INVESTIGATION RULE 112

- It is an inquiry or proceeding to determine whether there is sufficient ground to
engender a well-founded belief that a crime has been committed and the
respondent is probably guilty thereof, and should be held for trial
- It is merely inquisitorial and a means of determining the persons who may be
reasonably charged with a crime. It is not a trial of the case on the merits

NOTE: It is not part of the trial of the criminal action in court. Nor is its record part of
the records of the case in the RTC. The dismissal of the case by the investigator will not
bar the filing of another complaint for the same offense, but if re-filed, the accused is
entitled to another preliminary investigation.

6
Prepared by Atty. AJ Ayochok Tactay
Protected by RA 8293
 Period when 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 imprisonment of at least 4 years, 2 months and 1 day without
regard to the imposable fine (Sec. 1, Rule 112).
- XPNs:
o Where an information or complaint is filed pursuant to Sec. 7, Rule 112,
i.e. the complaint or information is filed directly in court (Ibid.); or
o For cases requiring preliminary investigation, when a person is lawfully
arrested without a warrant provided that inquest was made in accordance
with Rule 112

Rights of the respondent in a preliminary investigation:

1. To submit a counter affidavit;
2. To examine the evidence submitted by the complainant at his own expense; and
3. To be present during the clarificatory hearing.

Waiver of the right to preliminary investigation

- While the right to preliminary investigation is a substantive right and not a mere
formal or technical right of the accused, nevertheless, the right to preliminary
investigation is deemed waived when the accused fails to invoke it before or at
the time of entering a plea at arraignment.

It shall be deemed waived by:

1. Express waiver or by silence (Herrera, 2007);
2. Failure to invoke it during arraignment;
3. Consenting to be arraigned and entering a plea of not guilty without invoking the
right to preliminary investigation; or
4. Failure to request for it within 5 days from the time he learns of the filing of the
complaint or information, in those instances where the accused is lawfully
arrested without a warrant

PURPOSES OF PRELIMINARY INVESTIGATION

1. For the investigating prosecutor to determine if the crime has been committed;
2. To protect the accused from inconvenience, expense and burden of defending
himself in a formal trial unless probability of his guilt is first ascertained by a
competent officer;
3. To secure the innocent against hasty, malicious, and oppressive prosecution and
to protect him from an open and public accusation of a crime and anxiety of a
public trial;
4. To protect the State from having to conduct useless and expensive trial; and
5. To determine the amount of bail, if the offense is bailable.

NOTE: It is the filing of the complaint with the investigating prosecutor that starts the
preliminary investigation process.

Documents accompanying the complaint

1. The affidavits of the complainant;
2. The affidavits of his witnesses; and
3. Other supporting documents that would establish probable cause

Clarificatory hearing is not mandatory. A hearing may be set by the investigating

officer only when there are facts and issues to be clarified either from a party or a
witness, which shall be conducted within ten days from the submission of the counter-
affidavit, other affidavits and documents filed by the respondent.

IT’S YOUR TURN

Draft a complaint for malicious mischief, complete with affidavit of witnesses and supporting
documents (25pts.)

7
Prepared by Atty. AJ Ayochok Tactay
Protected by RA 8293
 LESSON 2: ARREST, BAIL, ARRAIGNMENT & PLEA

Objectives: At the end of this lesson, you should be able to:

1. Distinguish and identify the process for arrest, bail, arraignment and plea; and
2. Understand thoroughly arrest, bail, arraignment and plea of a suspect;

LET’S ENGAGE
Good day to all of us. Today we shall continue our discussion, specifically rules
on arrest, bail, arraignment & plea. In the Philippines, we adhere to the right to due
process of the accused. Hence, we must comply with the procedural processes laid down
by the constitution and domestic laws in order to properly charge a person for a crime
committed.

LET’S TALK ABOUT IT

ARREST RULE 113
- It is the taking of a person into custody in order that he may be bound to answer
for the commission of an offense.

Persons who are NOT subject to arrest

1. A senator or member of the House of Representatives shall, in all offenses
punishable by not more than 6 years of imprisonment, be privileged from arrest
while Congress is in session (Sec. 11, Art. VI, 1987 Constitution);

NOTE: The privilege of a senator or congressman will not apply when the offense
is:
a) Punishable by imprisonment of more than 6 years even if Congress is in
session; or
b) If the offense is punishable by imprisonment of not more than 6 years if
Congress is not in session.

2. Under the generally accepted principles of international law, sovereign and other
chiefs of state, ambassadors, ministers plenipotentiary, ministers resident, and
charges d’affaires are immune from the criminal jurisdiction of the country of
their assignment and are therefore immune from arrest; and

3. Duly accredited ambassadors, public ministers of a foreign country, their duly

registered domestics, subject to the principle of reciprocity.

ARREST, HOW MADE

1. By an actual restraint of a person to be arrested; or
2. By his submission to the custody of the person making the arrest.

NOTE: Arrest may be made on any day, at any time of the day or night.

No time limit is fixed for the validity of a warrant of arrest, unlike a search
warrant, which is effective only for 10 days. It remains valid until arrest is effected or
the warrant is lifted. Where a warrant of arrest was improperly issued, the proper
remedy is a petition to quash it.

Valid warrantless arrest

1. In flagrante delicto arrest;
2. Doctrine of hot pursuit; and
3. Escapee

Instances when warrant of arrest is NOT necessary

1. Accused is already under detention;
2. Complaint or information was filed pursuant to a valid warrantless arrest; and
3. Complaint or information is for an offense penalized by fine only.

8
Prepared by Atty. AJ Ayochok Tactay
Protected by RA 8293
 METHOD OF ARREST
METHOD OF ARREST Exception to the rule on giving
information
Arrest by officer by virtue of a warrant (Sec. 7, Rule 113)
The officer shall inform the person to be 1. When the person to be arrested
arrested of the cause of the arrest and the flees;
fact that the warrant has been issued for 2. When he forcibly resists before the
his arrest. officer has an opportunity to
inform him; and
NOTE: The officer need not have the 3. When the giving of such
warrant in his possession at the time of information will imperil the arrest.
the arrest but must show the same after
the arrest, if the person arrested so
requires. It must also be noted that
warrant is not jurisdictional.
Arrest by officer without a warrant (Sec. 8, Rule 113)
The officer shall inform the person to be 1. When the person to be arrested is
arrested of his authority and the cause of engaged in the commission of an
the arrest without a warrant. offense or is pursued immediately
after its commission;
2. When he has escaped, flees, or
forcibly resists before the officer
has an opportunity to do so inform
him; and
3. When the giving of such
information will imperil the arrest.
Arrest by a private person (Sec. 9, Rule 113)
The private person shall inform the 1. When the person to be arrested is
person to be arrested of the intention to engaged in the commission of an
arrest him and the cause of the arrest. offense or is pursued immediately
after its commission;
NOTE: The private person must deliver 2. When he has escaped, flees, or
the arrested person to the nearest police forcibly resists before the officer
station or jail, otherwise, he may be held has an opportunity to do so inform
criminally liable for illegal detention. him; and
3. When the giving of such
information will imperil the arrest.

Amount of force to be used in making an 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

Exception: If necessary to secure and detain the offender, overcome his resistance,
prevent his escape, recapture him and protect himself from bodily harm.

NOTE: An officer may break into a building or enclosure to effect an arrest provided:
1. The person to be arrested is or reasonably believed to be in the said building;
2. The officer has announced his authority and purpose for entering therein; and
3. He has requested and been denied admittance.

Objects subject to confiscation from the person arrested:

1. Objects subject of the offense or used or intended to be used in the commission
of the crime;
2. Objects which are fruits of the crime;
3. Those which might be used by the arrested person to commit violence or to
escape; and
4. Dangerous weapons and those which may be used as evidence in the case.

NOTE: Arrest must precede the search; the process cannot be reversed. Nevertheless, a
search substantially contemporaneous with an arrest can precede the arrest at the
outset of the search.

9
Prepared by Atty. AJ Ayochok Tactay
Protected by RA 8293
 1. In flagrante delicto arrest - When, in his presence, the person to be arrested has
committed, is actually committing, or is attempting to commit an offense;

Elements:
a) The person 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 arresting
officer.

2. Hot pursuit arrest - When an offense has been committed and he has probable
cause to believe based on personal knowledge of facts and circumstances that
the person to be arrested has committed it [Sec. 5 (1), Rule 113];

Elements:
a) An offense has been committed and there is close proximity between the
arrest and the time of commission of the crime (Pamaran, 2007);
b) The offense has just been committed; and
c) Probable cause based on personal knowledge on the part of the person
making the arrest, of facts or circumstances that the person/s to be
arrested committed it.
NOTE: “Personal knowledge of the facts and circumstances that the person to be
arrested committed it" means personal knowledge not of the commission of the crime
itself but of facts and circumstances which would lead to the conclusion that the person
to be arrested has probably committed the crime. Such personal knowledge arises from
reasonably worthy information in the arresting person’s possession coupled with his
own observation and fair inferences therefrom that the person arrested has probably
committed the offense.

Period for officers to deliver the person detained under Art. 125 of the RPC:

1. 12 hours - Light penalties

2. 18 hours - Correctional penalties
3. 36 hours - Afflictive or capital penalties

Consequences of Illegal Arrests

1. The documents, things or articles seized following the illegal arrest are
inadmissible in evidence;
2. The arresting person may be held criminally liable for illegal arrest under Art.
269, RPC;
3. Arresting officer may be held civilly liable for the damages under Art. 32, NCC;
and
4. He may also be held administratively liable.
Instances when a private person may make an arrest (Citizen’s Arrest):

1. When, in his presence, the person to be arrested has committed, is actually

committing, or is attempting to commit an offense;
2. 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
3. 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.

NOTE: The power to determine the existence of probable cause to issue a warrant of
arrest is a function of the judge and such power lies in the judge alone

10
Prepared by Atty. AJ Ayochok Tactay
Protected by RA 8293
 BAIL (RULE 114)
- 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 prescribed under the rules.

The right to bail is a constitutional right which flows from the presumption of
innocence in favor of every accused who should not be subjected to the loss of freedom.
Thus, the right to bail only accrues when a person is arrested or deprived of his liberty.
The right to bail presupposes that the accused is under legal custody.

The hearing of an application for bail should be summary in nature or otherwise in

the discretion of the court.

NOTE: 'Summary hearing' means such brief and speedy method of receiving and
considering the evidence of guilt as is practicable and consistent with the purpose of the
hearing which is merely to determine the weight of the evidence for purposes of bail.

Purposes of bail
1. To relieve an accused from the rigors of imprisonment until his conviction and
yet secure his appearance at the trial;
2. To honor the presumption of innocence until his guilt is proven beyond
reasonable doubt; and
3. To enable him to prepare his defense without being subjected to punishment
prior to conviction.

Conditions attached to the grant of bail

1. 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;
2. The accused shall appear before the proper court whenever required by the court
or the Rules;
3. 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
4. The bondsman shall surrender the accused to the court for execution of the final
execution.

Bail shall be filed:

1. In the court where the case is pending;
2. In the absence or unavailability of the judge thereof, with any RTC judge, MTC
judge, or MCTC judge in the province, city, or municipality;

When 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 (Sec. 19, Rule 114).

NOTE: 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, whether on preliminary investigation, trial, or on appeal.

3. 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 RTC of said place, or if no
judge thereof is available, with any MTC judge, MCTC therein; or

4. Any person in custody who is not yet charged in court may apply for bail with
any court in the province, city, or municipality where he is held.

NOTE: The right to bail 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.

11
Prepared by Atty. AJ Ayochok Tactay
Protected by RA 8293
 Forms of bail:

1. Corporate surety;
2. Property bond;
3. Cash deposit; and
4. Recognizance.
Bail as a matter of right:

1. Before or after conviction by the MeTC, MTC, MTCC or MCTC;

NOTE: All criminal cases under their jurisdiction are bailable offense because
these courts have no jurisdiction to try cases punishable by death, reclusion
perpetua, or life imprisonment.
2. Before conviction by the RTC of an offense not punishable by death, reclusion
perpetua or life imprisonment (Sec. 4, Rule 114); and
3. Before final conviction by all children in conflict with the law for an offense not
punishable by reclusion perpetua or life imprisonment.
Bail as a matter of discretion:

1. Upon conviction by the RTC of an offense not punishable by death, reclusion

perpetua or life imprisonment;
2. Regardless of the stage of the criminal prosecution, a person charged with a
capital offense, or an offense punishable by reclusion perpetua or life
imprisonment, when evidence of guilt is not strong (Sec. 7, Rule 114); and
3. A child in conflict with the law charged with an offense punishable by death,
reclusion perpetua or life imprisonment when evidence of guilt is not strong.

When bail is not allowed:

1. A person charged with a capital offense, or an offense punishable by reclusion
perpetua or life imprisonment, shall not be admitted to bail when evidence of
guilt is strong;
2. After judgment of conviction has become final; or
3. After the accused as commenced to serve his sentence.

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.

Effects of the failure of the accused to appear in court when so required:

1. The bail shall be declared forfeited; and
2. The bondsmen are given 30 days within which to:
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.

Cancellation of bail
1. Upon the application of the bondsmen, with due notice to the prosecutor, the bail
may be cancelled upon:
a. Surrender of the accused; or
b. Proof of his death.
2. The bail shall be deemed automatically cancelled upon:
a. Acquittal of the accused;
b. Dismissal of the case; or
c. Execution of the judgment of conviction

12
Prepared by Atty. AJ Ayochok Tactay
Protected by RA 8293
 ARRAIGNMENT AND PLEA (RULE 116)

- It is the formal mode of implementing the constitutional right of the accused to

be informed of the nature of the accusation against him.

Arraignment is the proceeding in a criminal case, whose object is to fix the identity
of the accused, to inform him of the charge and to give him an opportunity to plead, or
to obtain from the accused his answer, in other words, his plea to the information.
Arraignment is an indispensable requirement of due process.

Procedure of arraignment
1. It must be in open court where the complaint or information has been filed or
assigned for trial;
2. By the judge or clerk of court;
3. By furnishing the accused with a copy of the complaint or information;
4. Reading it in a language or dialect known to the accused;
5. Asking accused whether he pleads guilty or not guilty; and
6. Both arraignment and plea shall be made of record but failure to enter of record
shall not affect the validity of the proceedings.

NOTE: The accused must be present at the arraignment and personally enter his plea.
A plea of not guilty shall be entered:

1. When the accused so pleaded;

2. When he refuses to plead [Sec. 1(c), Rule 116];
3. When he enters a conditional plea of guilty;
4. Where after a plea of guilty but presents exculpatory circumstances, his plea
shall be deemed withdrawn and a plea of not guilty shall be entered for him; or
5. When the plea is indefinite or ambiguous.

Plea of guilty

- It is an unconditional plea of guilt which admits of the material facts and all the
attendant circumstances alleged in the information.

Plea Bargaining

- 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.

IT’S YOUR TURN

Let us wake your brain juices and answer the question:

1. X, a police officer, was able to acquire a warrant for the arrest of A on July 1,
2021. In July 2, however, X tested positive for COVID-19. He wanted to arrest A
himself so he did not endorse the warrant to any one. In July 16, after his 14
days quarantine, he went to A’s house to serve the warrant. Was the warrant of
arrest properly served? Explain your answer with legal basis (10 pts.)

2. If an information was filed in the RTC Manila charging Mike with homicide and
he was arrested in Quezon City, in what court or courts may he apply for bail?
Explain. (10 pts)

13
Prepared by Atty. AJ Ayochok Tactay
Protected by RA 8293
 REFERENCES

RBSI. Rules of Court. Quezon City: Rex Bookstore, Inc. (2011)

OPERATIONS, U. B. REMEDIAL LAW. 2018 UST GOLDEN NOTES. (2018)

Sagsago, P. E. Rules on Evidence. (2017)

Explanatory Notes, 2019 Proposed Amendments to the Revised Rules on Evidence by

Hon. Maria Filomena F. Singh

2019 Amendments to the Revised Rules on Evidence (A.M. No. 19-08-15-SC)

Personal Notes of Atty. AJ Tactay

- END OF MODULE 1 -

14
Prepared by Atty. AJ Ayochok Tactay
Protected by RA 8293