1|Page LAWYERS IN THE MAKING FROM ST. MARY’S COLLEGE OF TAGUM, INC.

COLLEGE OF LAW

THE REVISED RULE OF CRIMINAL  NOTE: While jurisdiction of courts is conferred by

PROCEDURE law, jurisdiction over the criminal case is determined
by the allegations in the complaint or information.
CRIMINAL PROCEDURE  In determining whether the court has jurisdiction over
an offense, the penalty which may be imposed upon
 Criminal Procedure treats of the series of processes by the accused and not the actual penalty imposed after
which the criminal laws are enforced and by which the the trial shall be considered.
State prosecutes persons who violate the penal laws. It  Jurisdiction over the subject matter in a criminal case
regulates the steps by which one who committed a cannot be conferred upon by the accused, express
crime is to be punished. waiver or otherwise, since the jurisdiction is conferred
by the sovereign authority which organized the court,
CRIMINAL LAW CRIMINAL and is given only by law in the manner and form
PROCEDURE prescribed by law. (Fukuzume v. People, G.R. No.
143647, November 11, 2005) It is not conferred by a
Declares what conduct is Lays down the procedure mere administrative policy of any trial court. (Cudia v.
criminal, define crimes and by which an offender is Court of Appeals, G.R. No. 110315, January 16, 1998)
prescribe punishment for made to answer for
 Principle of Adherence of Jurisdiction or
such crimes. (Riano, 2016) violation of the criminal
Continuing Jurisdiction
laws.
GR: Once a court acquired jurisdiction over a
Substantive Law Procedural Law controversy, it shall continue to exercise such jurisdiction
until the final determination of the case and the same is
not affected by the subsequent legislation vesting
 When is Due Process mandatory? - Due process in jurisdiction over such proceeding in another tribunal.
criminal proceeding is mandatory and indispensable XPNs:
and cannot be met without a law which hears before 1. When the (there is a subsequent law) statute
it condemns and proceeds upon inquiry and renders expressly so provides; or
judgment only after trial. 2. When the statute is clearly intended to apply to
 Requirements of Due Process in a Criminal pending actions.
Proceeding:
1. Court or tribunal is properly clothed with judicial  Dismissal on jurisdictional grounds
power to hear and determine the matter before it;
2. Jurisdiction is lawfully acquired over the person GR: An objection on the ground that the court lacks
of the accused; jurisdiction over the subject matter may be raised or
3. That the accused is given the opportunity to be considered motu proprio by the court at any stage of the
heard; and proceeding or appeal.
4. That judgment is rendered only upon lawful XPN: A party may be estopped from questioning the
hearing. jurisdiction of the court by reasons of public policy as
when he initially invokes the jurisdiction of the court and
JURISDICTION later on repudiates that jurisdiction (Tijam v.
Sibonghanoy, G.R. No. L-21450, April 15, 1968).
 Requisite for Exercise of Criminal Jurisdiction:
1. Jurisdiction over the subject matter;  Distinctions between Custody of Law vs.
2. Jurisdiction over the territory; and Jurisdiction over the Person (IN THE CASE OF
3. Jurisdiction over the person of the accused. DAVID VS. AGBAY AND PEOPLE)

Jurisdiction over the Jurisdiction over the Custody of Law Jurisdiction over the
Subject Matter Person of the Accused Person
Refers to the authority of Refers to the authority of Required before the court Required for the
the court to hear and the court over the person can act upon the adjudication of reliefs.
determine a charged. application for bail
particularcriminal case. Accomplished either by Acquired upon his arrest or
This simply means arrest or voluntary voluntary appearance
jurisdiction over the surrender
offense charged. A person can be under the A person can be subject to
Mandates that the offense Requires that the person be custody of the law but not the jurisdiction of the court
is one which the court is by brought into its forum by: yet subject to the over his person, and yet not
law authorized to take [GR] 1. Warrant of arrest; jurisdiction of the court be in the custody of the
cognizance of. or 2. Voluntary submission over his person, such as law, such as when an
the jurisdiction of the court. when a person arrested by accused escapes custody
XPN: Making special virtue of a warrant files a after his trial has
appearance in court to motion before arraignment commenced.
question the jurisdiction of to quash the warrant.
the court over the person of (Miranda vs. Tuliao, G.R.
the accused. (Miranda vs. No. 158763, March 31,
Tuliao, G.R. No. 158763, 2006)
March 31, 2006)

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 Municipal Trial Court, Municipal Circuit Trial 5. Jurisdiction over criminal cases under specific laws
Court, Municipal Trial Court in Cities and such as:
Metropolitan Trial Court (MTC)
a. Criminal and civil aspects of written defamation
Except in cases falling within the exclusive jurisdiction of (Art. 360, RPC);
the RTC and of the Sandiganbayan: b. Designated special courts over cases in violation
of the Comprehensive Dangerous Drugs Act of
1. Exclusive original jurisdiction over all violations of 2002 (Sec 90, R.A. 9165);
city or municipal ordinances committed within their c. Violation of intellectual property rights (A.M.
respective territorial jurisdiction [Sec. 32(1), B.P. No. 03-03-03-SC); and
129 as amended by R.A. 7691]; d. All cases on money laundering (Sec. 5, R.A.
2. Exclusive original jurisdiction over all offenses 9160).
punishable with imprisonment not exceeding 6 years
irrespective of the amount of fine, and regardless of  Sandiganbayan (P.D. 1606, as amended by R.A.
other imposable or accessory penalties [Sec. 32(2), 7975 and R.A. 8249)
B.P. 129 as amended by R.A. 7691];
3. Exclusive original jurisdiction over offenses
1. Violations of R.A. 3019, R.A. 1379, and Chapter II,
involving damage to property through criminal
Sec. 2, Title VII, Book II of the RPC, where one or
negligence [Sec. 32(2), B.P. 129 as amended by
more of the accused are officials occupying the
R.A. 7691];
following positions in the government at the time of
4. Summary procedure in certain cases; and
the commission of the offense:
NOTE: The MTCs shall have jurisdiction over the
a. Officials of the executive branch occupying the
following cases falling within their jurisdiction:
positions of regional director and higher,
otherwise classified as Grade “27” and higher of
a. Violations of traffic laws, rules and regulations: R.A. 6758;
b. Violations of the rental law;
i. Provincial governors, vicegovernors,
c. B.P. 22 cases;
members of the sanggunian panlalawigan
d. Violations of municipal and city ordinances;
and provincial treasurers, assessors,
e. All other criminal cases where the penalty
engineers and other provincial departmental
prescribed by law for the offense charged is
heads;
imprisonment not exceeding 6 months, or a fine
not exceeding P1, 000.00, or both; and ii. City mayors, vice-mayors, members of the
f. Offenses involving damage to property through sangguniang panlungsod, city treasurer,
criminal negligence where the imposable penalty assessors, engineers and the city department
does not exceed P10, 000.00[Sec 1 (b), The 1991 heads;
Rules on Summary Procedure]. iii. Officials of the diplomatic service
occupying the position of consul and
5. Special jurisdiction to decide on applications for bail higher;
in the absence of all RTC judges in a province or iv. Philippine army and air force colonels,
city (Sec 35, B.P. 129 as amended by R.A. 7691). naval captain, and all officers of higher
rank;
NOTE: Jurisdiction of MTC is qualified by the phrase v. Officers of the Philippine National Police
“Except in cases falling within the exclusive jurisdiction while occupying the position of provincial
of the RTC and of the Sandiganbayan”. Hence not all director and those holding the rank of senior
offenses punishable with imprisonment not exceeding 6 superintendent or higher;
years shall be under the jurisdiction of MTC. (Riano, vi. City and provincial prosecutors and their
2016) assistants, and officials and prosecutors in
the Office of the Ombudsman and special
 Regional Trial Court (RTC) prosecutor;
vii. Presidents, directors or trustees, or
1. Exclusive original jurisdiction in all criminal cases managers of government owned or-
not within the exclusive jurisdiction of any court, controlled corporations, state universities or
tribunal or body, except those now falling under the educational institutions or foundations;
exclusive and concurrent jurisdiction of the
Sandiganbayan (Sec 20, B.P. 129, as amended by b. Members of Congress and officials thereof
R.A. 7691); classified as Grade “27” and up under R.A.
2. Original jurisdiction in the issuance of writs of 6758;
certiorari, prohibition, mandamus, quo warranto, i. Members of the judiciary without prejudice
habeas corpus, and injunction, enforceable in any to the provisions of the Constitution;
part of their respective regions [Sec 21(1), B.P. 129, ii. Chairmen and members of Constitutional
as amended by R.A. 7691]; Commissions, without prejudice to the
3. Appellate jurisdiction over all cases decided by the provisions of the Constitution; and
MTC within its territorial jurisdiction (Sec. 22, B.P. iii. All other national and local officials
129, as amended by R.A. 7691); classified as Grade “27” and higher under
4. Special jurisdiction of certain branches to handle R.A. 6758.
exclusively criminal cases as may be determined by
the Supreme Court (Sec. 23, B.P. 129, as amended
by R.A. 7691); and

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2. Other offenses or felonies whether simple or Engr. Magna Nakaw passed away. Mr. Pork Chop
complexed with other crimes committed by the immediately filed a motion to terminate the investigation
public officials and employees abovementioned in and to dismiss the charges against him, arguing that
relation to their office; because he was charged in conspiracy with the deceased,
3. Civil and criminal cases filed pursuant to and in there was no longer a conspiracy to speak of and,
connection with E.O. Nos. 1, 2, 14 and 14-A; and consequently, any legal ground to hold him for trial had
been extinguished. Rule on the motion to terminate filed
4. Appellate jurisdiction over final judgments,
by Mr. Pork Chop, with brief reasons. (2017 Bar)
resolutions or orders of trial courts in cases where
 ANSWER: The motion shall be denied. The death of
none of the accused is occupying position
any public officer with whom respondent can be
corresponding to salary grade “27” or higher (Sec. 4,
charged for the said violation does not mean that the
P.D. 1606 as amended and as amended further by
allegation of conspiracy between them can no longer
R.A. 8249).
be proved or that their alleged conspiracy is already
expunged. The law does not require that such person
 Officials and employees with a salary grade of 27
must, in all instances, be indicted together with the
or higher
public officer. If circumstances exist where the public
If the position is enumerated under Sandiganbayan’s
officer may no longer be charged in court, as in the
jurisdiction and as long as the offense was committed in
present case where the public officer has already died,
relation to their office, regardless of salary grade,
the private person may be indicted alone. Moreover,
Sandiganbayan has jurisdiction.
the only thing extinguished by the death of Engr.
Likewise, if the position is classified as grade 26 and
Magna Nakaw is his criminal liability. His death did
below, it may still fall within the jurisdiction of the
not extinguish the crime nor did it remove the basis of
Sandiganbayan provided they hold the positions
the charge of conspiracy between him and private
enumerated in the law.
respondent (People v. Go, G.R. No. 168539, March
25, 2014).
 An offense is deemed to be committed in relation to
the public office upon showing of any of the
QUESTION: The Ombudsman found probable cause to
following:
charge with plunder the provincial governor, vice
1. When such office is an element of the crime governor, treasurer, budget officer, and accountant. An
charged; or Information for plunder was filed with the Sandiganbayan
2. When the offense charged is intimately connected against the provincial officials except for the treasurer
with the charge of the official functions of the who was granted immunity when he agreed to cooperate
accused. with the Ombudsman in the prosecution of the case.
Immediately, the governor filed with the Sandiganbayan a
QUESTION: The accused public officer, a Senior Labor petition for certiorari against the Ombudsman claiming
Regulation Officer and Chief of the Labor Regulations there was grave abuse of discretion in excluding the
Section, conspired and connived with the other accused, treasurer from the Information.
Elino Coronel y Santos, a Labor Regulation Officer of the a. Was the remedy taken by the governor correct?
same office, took advantage of their official positions, b. Will the writ of mandamus lie to compel the
prepared and falsified an official document, to wit: the CS
Ombudsman to include the treasurer in the
Personal Data Sheet, by making it appear in said
Information?
document that accused had taken and passed the Career
Service. Sandiganbayan convicted petitioners of
c. Can the Special Prosecutor move for the
Falsification of a Public Document. Does the discharge of the budget officer to corroborate the
Sandiganbayan have jurisdiction over the case? testimony of the treasurer in the course of
presenting its evidence? (2015 Bar)
 ANSWER: NO. In the instant case, there is no
ANSWERS:
showing that the alleged falsification was committed
by the accused, if at all, as a consequence of, and a. NO. The remedy taken by the governor was not
while they were discharging, official functions. The correct.The SC has held that the proper remedy from
information does not allege that there was an intimate the Ombudsman’s orders or resolutions in criminal
connection between the discharge of official duties cases is a petition for certiorari under Rule 65 filed
and the commission of theoffense. Besides, with the Supreme Court (Quarto v. OMB, 5 Oct
falsification of an official document may be 2011; Cortes v. OMB, 10 June 2013). Here the
committed not only by public officers and employees petition for certiorari was filed not with the Supreme
but even by private persons only. Public office is not Court but the Sandiganbayan. Hence, the remedy
an essential ingredient of the offense such that the taken was not correct.
offense cannot exist without the office. Clearly, b. NO. The writ of mandamus will not lie to compel the
therefore, as the alleged falsification was not an Ombudsman to include the Treasurer in the
offense committed in relation to the office of the information. The Supreme Court has held that
accused, it did not come under the jurisdiction of the mandamus will lie only if the exclusion of a person
Sandiganbayan. It follows that all its acts in the instant from the information was arbitrary. Here, the
case are null and void ab initio (Bartolome v. People, exclusion was not arbitrary but based on Sec. 17 of
G.R. No. L64548, July 7, 1986). RA 6770 which empowers the Ombudsman to grant
immunity to witnesses (Id.).
QUESTION: Engr. Magna Nakaw, the District Engineer c. NO. The Special Prosecutor cannot move for the
of the DPWH in the Province of Walang Progreso, and discharge of the budget officer to corroborate the
Mr. Pork Chop, a private contractor, were both charged in testimony of the treasurer.Under Section 17 of Rule
the Office of the Ombudsman for violation of the 119, a requirement for discharge is that there is no
AntiGraft and Corrupt Practices Act (R.A. No. 3019) other direct evidence available for the prosecution of
under a conspiracy theory. While the charges were the offense and that there is absolute necessity for
undergoing investigation in the Office of the Ombudsman, the testimony of the accused whose discharge is

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requested. Here since the budget officer’s testimony  Only a statute can confer jurisdiction on courts and
is merely corroborative, there is no absolute administrative agencies while rules of procedure
necessity for it. Necessity is not there when the cannot.
testimony would simply corroborate or otherwise
strengthen the prosecution’s evidence (Jimenez v 3. People vs. Taroy
People, 17 September 2014). Hence, the Special Facts:
Prosecutor cannot move for the discharge of the Des alleges that she was raped by Taroy in their home in
budget officer. Benguet when she was still 10
years old. Taroy alleges, among others, that the offense
 When Injunction may be issued to restrain took place not in Benguet but in
Criminal Prosecution? (1999 Bar) Baguio, therefore the RTC of Benguet has no jurisdiction
over the case.
GENERAL RULE: Issue:
The long-standing doctrine that writs of injunction or W/N THE RTC OF BENGUET HAS JURISDICITON
prohibition will not lie to restrain a criminal prosecution OVER THE CASE?
for the reason that public interest requires that criminal Held: Yes
acts be immediately investigated and prosecuted for the Venue is jurisdictional in criminal cases. It can
protection of society (Domingo v. Sandiganbayan, G.R. neither be waived nor subjected to
No. 109376, January 20, 2000). stipulation. The right venue must exist as a matter of law.
Thus, for territorial jurisdiction to
XPNs: attach, the criminal action must be instituted and tried in
1. To prevent the use of the strong arm of the law in an the proper court of the municipality,
oppressive and vindictive manner (Ibid.); city, or province where the offense was committed or
2. To afford adequate protection to constitutional rights where any of its essential ingredients
(Ibid.); took place.
3. For the orderly administration of justice (Hernandez v. The uncorroborated assertion of Taroy that the offense
Albano, G.R. No. 19272, January 25, 1967); was committed in Baguio cannot
4. To avoid multiplicity of actions (Ibid.); overturn the testimonies of Mila and Des and the affidavit
5. In proper cases, because the statute relied upon is of arrest. Besides, Taroy has
unconstitutional, or was held invalid (Ibid.); already admitted in the pretrial that the RTC of Benguet
6. When the acts of the officer are without or in excess of has jurisdiction.
authority (Planas v. Gil, G.R. No. L-46440, January Facts:
18, 1939); Des alleges that she was raped by Taroy in their home in
7. When the court has no jurisdiction over the offense Benguet when she was still 10
(Lopez v. City Judge, G.R. No. L25795, October 29, years old. Taroy alleges, among others, that the offense
1966); took place not in Benguet but in
8. When there is a prejudicial question which is sub Baguio, therefore the RTC of Benguet has no jurisdiction
judice (before a court or judge for consideration); over the case.
9. Where the prosecution is under an invalid law, Issue:
ordinance or regulation; 1 W/N THE RTC OF BENGUET HAS JURISDICITON
10. When double jeopardy is clearly apparent; OVER THE CASE?
11. Where it is a case of persecution rather than Held: Yes
prosecution; Venue is jurisdictional in criminal cases. It can
12. Where the charges are manifestly false and motivated neither be waived nor subjected to
by lust for vengeance; and stipulation. The right venue must exist as a matter of law.
13. Where there is clearly no prima facie case against the Thus, for territorial jurisdiction to
accused and a motion to quash on that ground has attach, the criminal action must be instituted and tried in
been denied. the proper court of the municipality,
city, or province where the offense was committed or
Part 1: Jurisdiction in Criminal Cases where any of its essential ingredients
A. Venue in Criminal Cases is Jurisdictional took place.
The uncorroborated assertion of Taroy that the offense
1. Isip vs. People was committed in Baguio cannot
overturn the testimonies of Mila and Des and the affidavit
NOTE: of arrest. Besides, Taroy has
 Unlike in Civil Cases, in Criminal Cases venue cannot already admitted in the pretrial that the RTC of Benguet
be waived. has jurisdiction.
 Jurisdiction of a Court over the criminal case is
determined by the allegations of the complaint or NOTE:
information. And once it is so show, the court may  Unlike in civil cases, in criminal cases, venue is
validly take cognizance of the case. However, if the jurisdictional in criminal cases. It can neither be
evidence adduced during the trial shows that the waived nor subjected to stipulation. The right venue
offense was committed somewhere else, the Court must exist as a matter of law. Thus, for territorial
should dismiss the action for want of jurisdiction. jurisdiction to attach, the criminal action must be
instituted and tried in the proper court of the
2. Landbank of the PH vs. Belista municipality, city, or province where the offense was
committed or where any of its essential ingredients
NOTE: took place.
 Jurisdiction over the subject matter is conferred by
law. 4. Bonifacio vs. RTC Makati

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NOTE: with it under the guise of “administrative supervision,”

without running afoul of the orderly administration of
 RPC clearly states that for libel cases, jurisdiction is
justice.  Only when her court’s jurisdiction is
vested upon the court of the province or city where
the libelous article is printed and first published or appropriately invoked in an appeal or certiorari and other
where any of the offended parties actually resides at special civil actions can respondent judge, in her judicial
the time of the commission of the offense. The capacity, override the lower court’s judgment.
prosecution chose the alternative of alleging the place
of commission, however, “accessed” cannot suffice to C. Jurisdiction determined from the allegations
be synonymous to “published” otherwise it would in the Complaint
spawn the very ills that the amendment to RPC art.
360 sought to prevent. 1. Foz v. People

Facts:
5. Rationale: Union Bank vs. People
Petitioners were charged with libel in Iloilo. However, the
NOTE: information did not allege either: (1) that the defamatory
 Venue of Action and Criminal Jurisdiction article was printed and first published in an area within
 Reason: Why venue is territorial? the jurisdiction of the court, or (2) that the offended party
 “LOCUS CRIMENIS” – Place of the commission of resided within the jurisdiction of the court at the time of
the crime. the commission of the offense.
 Because Courts cannot act beyond its territorial limit.
 Because accused and witnesses are in the locality Issue:
where the crime is committed. Taking into
W/N THE INFORMATION HAS SUCCESSFULLY
consideration that it is hard to transport witnesses.
VESTED JURISDICTION TO THE RTC OF ILOILO
 Settled is the rule that jurisdiction of a court over a
criminal case is determined by the allegations of the Held: No
complaint, and the offense must have been committed
or any one of its essential ingredients took place For libel cases, Art. 360 of the RPC clearly provides that
within the territorial jurisdiction of the court. jurisdiction over the case is given to the court in whose
territory the defamatory articles was printed and first
published, or in whose territory the offended party resided
B. Jurisdiction to Issue Hold Departure Orders at the time of the commission of the offense. Since neither
the place of printing and first publishing nor the residence
1. Modejar v. Judge Buban of the offended party was alleged to be in Iloilo, the said
RTC has not been vested with jurisdiction.
NOTE:

 RPC D. Creation of Sandiganbayan

2. Judge Mupas v. Judge Espanol R.A. 8249, Section 4: ORIGINAL EXCLUSIVE

JURISDICTION OF THE SANDIGANBAYAN
Facts:
1. Violation of RA 3019 (Anti-Graft and Corruption
Petitioner files a complaint against respondent for Practice Law)
interfering in the case (unfiled) that she was handling, by 2. Other offenses orfelonies whether simple or
issuing a hold departure order against the detainees in that complexed with other crimes committed by the public
officials and employees mentioned in subsection a of
case and by ordering their transfer from the municipal jail
this section in relation to their office.
to the provincial jail. Respondent claims that under Sec. 3. Civil and criminal cases filed pursuant to and in
25 of Rule 114 of the Revised Rules on Criminal connection with Executive Order Nos. 1, 2, 14 and 14-
Procedure, she is authorized to supervise all persons in A, issued in 1986.
custody.

Issue: E. Jurisdiction of the Sandiganbayan

W/N RESPONDENT JUDGE EXCEEDED HER 1. People v. Sandiganbayan

AUTHORITY BY ISSUING THE SAID ORDERS
Facts:
Held: Yes
Private respondent Amante, member of the Sangguniang
Panglungsod, was charged for not liquidating a sum of
Nowhere in Sec. 25 of Rule 114 can be found a provision
money she held by reason of her office for almost 2 years,
that authorizes her to issue the said orders. An Executive in violation of the Auditing Code of the Philippines.
Judge only has administrative supervision over lower
courts. Her function relates only to the management of Respondent court dismissed the case of lack of
first and second level courts, within her administrative jurisdiction, arguing that since their jurisdiction only
area with a view to attaining prompt and convenient includes those positions that have a salary grade of 27 and
higher, and since private respondent has a salary grade of
dispatch of its business.  Acting as such, she cannot
26, they have no jurisdiction.
unilaterally override the MTC’s actions in cases pending

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Issue: committed against a certain police officer. Petitioners

contend that the Sandiganbayan has no jurisdiction over
W/N THE SANDIGANBAYAN HAS JURISDICTION their persons as they hold positions excluded in Republic
OVER PRIVATE RESPONDENT, A MEMBER OF Act No. 7975.
THE SANGGUNIANG PANGLUNGSOD, HAVING A
SALARY GRADE OF 26 Issue:

Held: Yes W/N SANDIGANBAYAN HAS JURISDICTION OVER

THE OFFENSES CHARGED AGAINST THE
1.) Sec. 4 (b), not (a), applies to the case at hand. PETITIONERS
4(a) includes in respondent’s jurisdiction those
with whose positions are under salary grade 27 Held: Yes
and higher, specifically including certain
positions, among which includes the members of 1.) Sec. 4(a) provides that officers of the executive
the Sangguniang Panglungsod. 4(b), on the other branch with a salary grade of 27 and higher are
hand, simply includes “other offenses or felonies, covered. The LGC provides that Municipal
whether simple or complexed with other crimes Mayors have a salary grade of 27. The SC has
committed by the public officials and employees already held this in previous cases -- that
mentioned in subsection (a) of this section in municipal mayors fall under the original and
relation to their office.” Petitioner clearly falls exclusive jurisdiction of the Sandiganbayan.
under this subsection. 2.) Sec. 4(a) provides that where one of the accused
falls within the jurisdiction of the
Sandiganbayan, his co-accused, although not
falling under the coverage, will still be under the
2. Serrana v. Sandiganbayan Sandiganbayan’s jurisdiction. This applies
Facts: squarely to Brgy. Capt. Esquivel.

Petitioner, a member of the Board of Regents in UP-Cebu,

F. Jurisdiction of the Ombudsman
is charged with estafa before the Sandiganbayan.
Petitioner contends that Sandiganbayan does not have
NOTE:
jurisdiction over her because first, she is not a public
 Ombudsman has no power to hear and decide criminal
officer, and second, the crime of estafa is not among those
cases.
enumerated in Sec. 4 (a) of PD 1606.
 Ombudsman only has the power and prosecute
Issues: criminal cases.
 Ombudsman vs. Prosecutor
1.) W/N SANDIGANBAYAN HAS  Prosecutor = RTC and MTC
JURISDICTION OVER THE CRIME OF  Ombudsman = Sandiganbayan
ESTAFA - yes
2.) W/N PETITIONER IS A PUBLIC OFFICER - G. Review of Decisions of the Ombudsman
yes H. Procedure before the Ombudsman
I. Power of the Secretary of Justice over
Held: Prosecutors
1.) Yes. Sec. 4(b) clearly states that Sandiganbayan
NOTE:
has jurisdiction over “other offenses or felonies,
 Punzalan Case = Secretary of Justice has the power of
whether simple or complexed with other crimes
supervision and direct control over the decisions and
committed by the public officials and employees
resolutions of the Prosecutor.
mentioned in subsection (a) of this section in
relation to their office.”  Powers of the Prosecutors
2.) Yes. “A public office is the right, authority and o To conduct Preliminary Investigation
duty, created and conferred by law, by which, for
a given period, either fixed by law or enduring at J.
Roles of the Office of the Solicitor General in
the pleasure of the creating power, an individual Criminal Cases
is invested with some portion of the sovereign NOTE:
functions of the government, to be exercised by  Role of SolGen: The lawyer of the Republic of the
him for the benefit of the public.  The individual Philippines
so invested is a public officer.” Petitioner is a  It is only the OSG that may bring an appeal on the
member of the BOR of UP-Cebu. The BOR criminal aspect representing the People in the
exclusively exercises the general powers of following instances:
administration and corporate powers of the 1. If there is a dismissal of a criminal case by the trial
university, similar to the board of trustees of a court; or
corporation. Therefore, petitioner is a public 2. If there is an acquittal of the accused.
officer.
 The rationale therefor is rooted in the principle that the
party affected by the dismissal of the criminal action is
3. Esquivel v. Ombudsman the People and not the petitioners who are mere
complaining witnesses. For this reason, the People are
Facts: therefore deemed as the real parties in interest in the
criminal case and, therefore, only the OSG can
Petitioners, municipal mayor and barangay captain, were represent them in criminal proceedings pending in the
charged with less physical injuries and grave threats CA or in this Court. In view of the corollary principle

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that every action must be prosecuted or defended in b) Filing with the Fiscal does not interrupt the
the name of the real party-in-interest who stands to be running of the prescriptive period.
benefited or injured by the judgment in the suit, or by If violation of the RPC/Special Laws:
the party entitled to the avails of the suit, an appeal of a) Filing of the complaint or information before the
the criminal case not filed by the People as represented Fiscal can already interrupt the prescriptive
by the OSG is perforce dismissible. period.
 The private complainant or the offended party may,
however, file an appeal without the intervention of the
OSG but only insofar as the civil liability of the SECTION 2: The complaint or information. – The
accused is concerned. He may also file a special civil complaint or information shall be in writing, in the name
action for certiorari even without the intervention of of the People of the Philippines and against all persons
the OSG, but only to the end of preserving his interest who appear to be responsible for the offense involved.
in the civil aspect of the case (People v. Piccio, G.R.
No. 193681, August 6, 2014). Complaint/Information shall:
 The CA decision dismissing the criminal case without
 Be in writing;
having first impleaded the indispensable party (i.e. the
People through the OSG) should be set aside, and the  In the name of the People of the Philippines; and
case remanded back to the appellate court. “While the  Against all persons who appear to be responsible for
failure to implead an indispensable party is not per se the offense involved.
a ground for dismissal of an action, considering that
said party may still be added by order of the court, on NOTE:
motion of the party or on its own initiative at any stage  Section 2 refers to a Complaint filed before the Court;
of the action and/or such times as are just, it remains whereas, Section 3 refers to a complaint filed before
essential – as it is jurisdictional – that any the Prosecutor.
indispensable party be impleaded in the proceedings
before the court renders judgment. This is because the SECTION 3: Complaint defined. – A complaint is a
absence of such indispensable party renders all sworn written statement (notarized) charging a person
subsequent actions of the court null and void for want
with an offense, subscribed by the offended party, any
of authority to act, not only as to the absent parties but
even as to those present” (People v. Go G.R. No. peace officer, or other public officer charged with the
201644, September 24, 2014) 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.

NOTE:
Complaint Information
RULE 110 Offended party, any peace Prepared and signed by the
PROSECUTION OF OFFENSES officer, or other public Prosecutor only.
officer charged with the
SECTION 1: Institution of criminal actions. – Criminal enforcement of the law
actions shall be instituted as follows: Filed in Court or before the Only filed before the Court.
office of the public
(a) For offenses where a preliminary investigation is prosecutor or proper
required pursuant to Section 1 of Rule 112 (crimes officer.
punishable by 4 years, 2 months and 1 day), by filing Complaint can be filed in Always filed in Court and
the complaint with the proper officer for the purpose Court for Trial for mere for Trial.
Preliminary Investigation.
of conducting the requisite preliminary investigation.
(b) For all other offenses, by filing the complaint or
information directly with the Municipal Trial Courts SECTION 5: Who must prosecute criminal actions. –
and Municipal Circuit Trial Courts, or the complaint [Par 1] All criminal actions commenced by a complaint or
with the office of the prosecutor. In Manila and other information shall be prosecuted under the direction and
chartered cities, the complaint shall be filed with the control of the prosecutor. In case of heavy work schedule
office of the prosecutor unless otherwise provided in of the public prosecutor or in the event of lack of public
their charters. prosecutors, the private prosecutor may be authorized in
writing by the Chief of the Prosecution Office or the
The institution of the criminal action shall interrupt Regional State Prosecution to prosecute the case subject
the period of prescription of the offense charged to the approval of the Court. Once so authorized to
unless otherwise provided in special laws. prosecute the criminal action, the private prosecutor shall
continue to prosecute the case up to the end of the trial
Prescription:
even in the absence of a public prosecutor, unless the
If violation of an ordinance:
a) Filing of the complaint or information before the authority is revoked or otherwise withdrawn.
Court will interrupt the running of prescription;
and  Reason: Criminal offenses is considered as an outrage
against the sovereignty of the State. One of the

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sovereign powers of the State is to penalize offenders. offense was committed.

That is why the name in criminal charges always starts
with “People of the Philippines”. When an offense is committed by more than one person,
 When it comes to criminal offenses, the public all of them shall be included in the complaint or
prosecutor prevails over the private prosecutor. information.

Crimes that cannot be prosecuted de officio

 Private Crimes: Adultery, Concubinage, Abduction, SECTION 7: Name of the accused. – The complaint or
Seduction, and Acts of Lasciviousness can only be information must state the name and surname of the
filed by the offended party. accused or any appellation or nickname by which he has
been or is known. If his name cannot be ascertained, he
 Adultery and Concubinage: can only be filed by the
must be described under a fictitious name with a
offended spouse.
statement that his true name is unknown.
 Abduction, Seduction, and Acts of Lasciviousness:
Can only be filed by the offended party, in case
incapacity, Parents, Grandparents, or Guardians. SECTION 8: Designation of the offense. – The complaint
 Defamation: Brought only at the instance of the or information shall state the designation of the offense
offended party. given by the statute, aver the acts or omissions
constituting the offense, and specify its qualifying and
[Par 2] The crimes of adultery and Concubinage shall not aggravating circumstances. If there is no designation of
be prosecuted except upon a complaint filed by the the offense, reference shall be made to the section or
offended spouse. The offended party cannot institute subsection of the statute punishing it.
criminal prosecution without including the guilty parties,
if both are alive, nor, in any case, if the offended party has  It includes the title of the crime committed, acts or
consented to the offense or pardoned the offenders. omissions which constituted the offense, and any
qualifying and aggravating circumstance.
[Par 3] The offenses of seduction, abduction and acts of
 If no designation of the offense, must refer to the
lasciviousness shall not be prosecuted except upon a
section of the special law penalizing it.
complaint filed by the offended party or her parents,
 If the designation of the crime is wrong? it does not
grandparents or guardian, nor in any case, if the offender
prevail over the complaint or information. It is not
has been expressly pardoned by any of them. If the
controlling. Cause of Accusation is controlling.
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 SECTION 9: Cause of accusation. – The acts or
criminal action in her behalf. omissions complained of as constituting the offense and
the qualifying and aggravating circumstances must be
[Par 4] The offended party, even if a minor, has the right
stated in ordinary and concise language and not
to initiate the prosecution of the offenses of seduction,
necessarily in the language used in the statute but in terms
abduction and acts of lasciviousness independently of her
sufficient to enable a person of common understanding to
parents, grandparents or guardian, unless she is
know what offense is being charged as well as its
incompetent or incapable of doing so. Where the offended
qualifying and aggravating circumstances and for the
party, who is a minor, fails to file the complaint, her
court to pronounce judgment.
parents, grandparents, or guardian may file the same. The
right to file the action granted to parents, grandparents, or  Why must it be in a language understandable to the
guardian shall be exclusive of all other persons and shall accused? It is a constitutional requirement for the
be exercised successively in the order herein provided, accused’s right to be informed.
except as stated in the preceding paragraph.  If the aggravating or qualifying circumstances are
not stated in the complaint or information? The
[Par 5] No criminal action for defamation which consists
Court will not appreciate or recognize that.
in the imputation of any of the offenses mentioned above
 Cause of Accusation PREVAILS over the
shall be brought except at the instance of and upon
Designation of the Offense.
complaint filed by the offended party.
 People vs. Aure – Victim was raped by a member of
[Par 6] The prosecution of complaints for violation of the PNP-CIDG but it was not stated in the information
special laws shall be governed by their provisions thereof. of his position. The Court did not appreciate.
 People vs. Tampos – Minority and relationship of the
victim, still not stated in the complaint or information.
SECTION 6: Sufficiency of complaint or information. – Court did not recognize.
A complaint or information is sufficient if it states the (1)  People vs. Umawid - In criminal cases, where the life
name of the accused; (2) the designation of the offense and liberty of the accused is at stake, due process
given by the statute; (3) the acts or omissions complained requires that the accused be informed of the nature and
of as constituting the offense; (4) the name of the cause of the accusation against him. An accused
offended party; (5) the approximate date of the cannot be convicted of an offense unless it is clearly
commission of the offense; and (6) the place where the charged in the complaint or information. To convict

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him of an offense other than that charged in the  People vs. Nadrillo – Information on state “On or
complaint or information would be a violation of this about the year 1992” only the year. No month and
constitutional right. date. Is the information sufficient? The SC ruled that
the complaint is not sufficient. The victim could not
 Consigna vs. People - Petitioner’s argument is as
even remember what month it was committed but can
outdated as it is erroneous. The averments in the two only remember on how it was committed. SC ruled
(2) sets of Information against petitioner and Rusillon that it cannot satisfy the quantum of evidence by mere
clearly stated facts and circumstances constituting the speculation.
elements of the crime of estafa as to duly inform them  People vs. Teodoro – Raped allegedly committed “On
of the nature and cause of the accusation, sufficient the first week of October 1995”. Complaint is
to prepare their respective defenses. The inevitable sufficient.
conclusion is that petitioner capitalized on her official
function to commit the crimes charged. Without her Section 12. Name of the offended party. — The complaint
or information must state the name and surname of the
position, petitioner would not have induced Moleta to
person against whom or against whose property the
part with her money. In the same vein, petitioner could offense was committed, or any appellation or nickname
not have orchestrated a scheme of issuing postdated by which such person has been or is known. If there is no
checks meddling with the municipality's coffers and better way of identifying him, he must be described under
defiling the mayor's signature. a fictitious name.

(a) In offenses against property, if the name of

SECTION 10: Place of commission of the offense. – The the offended party is unknown, the property must
complaint or information is sufficient if it can be be described with such particularity as to
understood from its allegations that the offense was properly identify the offense charged.
committed or some of its essential ingredients occurred at
some place within the jurisdiction of the court, unless the (b) If the true name of the of the person against
particular place where it was committed constitutes an whom or against whose property the offense was
committed is thereafter disclosed or ascertained,
essential element of the offense charged or is necessary
the court must cause the true name to be inserted
for its identification. in the complaint or information and the record.

 GR: The complaint or the information is sufficient if it

(c) If the offended party is a juridical person, it is
can be understood from its allegation that the offense sufficient to state its name, or any name or
was committed or some its essential ingredients designation by which it is known or by which it
occurred at some place within the jurisdiction of the may be identified, without need of averring that
court. it is a juridical person or that it is organized in
 XPN: When the place of commission constitutes an accordance with law. (12a)
essential element of the offense charged or is
Section 13. Duplicity of the offense. — A [GR] complaint
necessary for its identification (e.g. trespass to
or information must charge but one offense, [XPN] except
dwelling, destructive arson, robbery in an inhabited when the law prescribes a single punishment for various
place) (Sec. 10, Rule 110). offenses. (13a)
 People vs. Cunanan - The complaint in this case
alleges that the offense was committed in the Province  “Joinder of Offenses”
of Cebu, but there is no allegation that it was  Duplicitous Offenses filed can be Quashed as a rule.
committed within the jurisdiction of the Court of First  People vs. CA (2015) – in order not to confuse the
Instance of Manila. When a complaint shows that the accused of his offenses.
offense charged was not committed within the  XPN –
jurisdiction of the court, it is demurrable. Complex Crimes “One single that composes
multiple acts”(ex. Rape with Homocide);
Special Complex Crime - ex: a single act of
throwing grenade but killed a lot of people –
Section 11. Date of commission of the offense. — It is Homicide with Serious Physical Injury.
[GR] not necessary to state in the complaint or
 What if the Rape was committed with three
information the precise date the offense was committed
counts in three separate one (1) hour intervals?
(i.e.: “On or before”or “On or about”) [XPN] except
Considered as separate acts, thus, must be filed in
when it is a material ingredient of the offense (i.e.:
separate Informations.
Infanticide). The offense may be alleged to have been
committed on a date as near as possible to the actual date
of its commission. (11a) 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
 People vs. Lizada – Offender committed four counts enters his plea (Before Arraignment). After the plea and
of Rape on four separate informations. Accused during the trial, a formal amendment may only be made
pleaded not guilty. Issue: WON is complaint is with leave of court and when it can be done without
sufficient as to the dates stated? The words “ON OR causing prejudice to the rights of the accused.
ABOUT” it covers weeks or months before the
complaint or information. (IT GOES BACKWARDS,
thus, even if two to four years before pwede). However, any amendment before plea, which (1)
downgrades the nature of the offense charged in; or (2)
excludes any accused from the complaint or information,

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can be made only upon (1) motion by the prosecutor, (2) (c) Where an offense is committed on board a
with notice to the offended party; and (3) with leave of vessel in the course of its voyage, the criminal
court. The court shall state its reasons in resolving the action shall be instituted and tried in (1) the court
motion and copies of its order shall be furnished all of the first port of entry; or (2) of any
parties, especially the offended party. (n) municipality or territory where the vessel passed
during such voyage, subject to the generally
If it appears at any time before judgment that a mistake accepted principles of international law.
has been made in charging the proper offense, the court
shall DISMISS the original complaint or information (d) Crimes committed outside the Philippines
upon the filing of a new one charging the proper offense but punishable under Article 2 of the Revised
in accordance with section 19, Rule 119, provided the Penal Code shall be cognizable by the court
accused shall not be placed in DOUBLE JEOPARDY. where the criminal action is first filed. (15a)
The court may require the witnesses to give bail for their
appearance at the trial. (14a) Section 16. Intervention of the offended party in criminal
action. — Where the civil action for recovery of civil
 Amendment vs. Substitution liability is instituted in the criminal action pursuant to
Rule 111, the offended party may intervene by counsel in
Amendment Substitution the prosecution of the offense. (16a)
May involve either formal Involves substantial change
or substantial changes. from the original charge.
Amendment before the plea It must be with leave of
is entered can be effected court as the original
without leave of court. information has to be
dismissed.
An amendment as to form Substitution of the
will not require another information entails another
preliminary investigation preliminary investigation
and retaking of plea of the and plea to the new
accused. information.
An amended information Requires or presupposes
refers to the same offense that the new information
charged in the original involves a different offense
information or to an which does not include or
offense which necessarily is not necessarily included
includes or is necessarily in the original charge;
included in the original hence the accused cannot
charge, hence substantial claim double jeopardy.
amendments to the
information after the plea
has been taken cannot be
made over the objection of
the accused, for if the
original would be
withdrawn, the accused
could invoke double
jeopardy.

 Ricarze vs. CA – Substantial amendment as a [GR]

cannot be made after plea, however, in this case,
[XPN] it can be made if it is beneficial to the accused.

Section 15. Place where action is to be instituted. —

(a) Subject to existing laws, the criminal action

shall be instituted and tried in the (1) court of the
municipality or territory where the offense was
committed; or (2) where any of its essential
ingredients occurred.

(b) Where an offense is committed in a

[T.A.OPPV] train, aircraft, or other public or
private 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.

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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.[(XPN) When the civil case is
filed ahead of the criminal case. (Chong vs. Balboa) Can
it be consolidated? YES. Provided Trial in this civil case
has not been done or commenced.]

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)
RULE 111
Prosecution of Civil Action
 Civil actions arising from the delict.
 Five (5) sources of obligation: (Art. 1157, NCC)
Section 1. Institution of criminal and civil actions. —  1. Law
2. Contracts
3. Quasi Contracts
(a) When a criminal action is instituted, the civil action 4. Acts or omissions constituting Delict
for the recovery of civil liability arising from the offense 5. Quasi Delict
charged shall be deemed instituted with the criminal
 Park vs. Choi – In case of acquittal, private offended
action unless the offended party (1) waives the civil
party can appeal the civil aspect of the case arising
action, (2) reserves the right to institute it separately or
from the same act or omission.
(3) institutes the civil action prior to the criminal action.
Can the Public Prosecutor appeal? No. He has no
interest in the civil aspect of the case.
The reservation of the right to institute separately the civil  Independent Civil Action – It is not instituted in the
action shall be made before the prosecution starts criminal case. (Arts. 32, 33, 34, 2176 NCC)

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 GR: No filing fee is required. proceedings, and a preponderance of evidence shall suffice to support
 XPN: B.P. 22 cases, wherein the amount of the filing such action.
fees shall be equivalent to the amount of the check
involved, and Estafa cases. Art. 2176. [QUASI DELICT] Whoever by act or omission causes
damage to another, there being fault or negligence, is obliged to pay for
Art. 32. Any public officer or employee, or any private individual, who the damage done. Such fault or negligence, if there is no pre-existing
directly or indirectly obstructs, defeats, violates or in any manner contractual relation between the parties, is called a quasi-delict and is
impedes or impairs any of the following rights and liberties of another
person shall be liable to the latter for damages: governed by the provisions of this Chapter. (1902a)
(1)  Freedom of religion;
(2)  Freedom of speech;
(3)  Freedom to write for the press or to maintain a periodical
publication; Section 2. When separate civil action is suspended. —
(4)  Freedom from arbitrary or illegal detention; After the criminal action has been commenced, the
(5)  Freedom of suffrage; separate civil action arising therefrom cannot be
(6)  The right against deprivation of property without due process of instituted until final judgment has been entered in the
law; criminal action.
(7)  The right to a just compensation when private property is taken for
public use; If the criminal action is filed after the said civil action
(8)  The right to the equal protection of the laws; has already been instituted, the latter (civil action) shall
(9)  The right to be secure in one's person, house, papers, and effects be suspended in whatever stage it may be found before
against unreasonable searches and seizures; judgment on the merits. The suspension shall last until
(10)  The liberty of abode and of changing the same; final judgment is rendered in the criminal action.
(11)  The privacy of communication and correspondence; Nevertheless, before judgment on the merits is rendered in
(12)  The right to become a member of associations or societies for the civil action, the same may, upon motion of the
purposes not contrary to law; offended party, be consolidated with the criminal action in
(13)  The right to take part in a peaceable assembly to petition the the court trying the criminal action. In case of
government for redress of grievances; consolidation, the evidence already adduced in the civil
(14)  The right to be free from involuntary servitude in any form; action shall be deemed automatically reproduced in the
(15)  The right of the accused against excessive bail; criminal action without prejudice to the right of the
(16)  The right of the accused to be heard by himself and counsel, to be prosecution to cross-examine the witnesses presented by
informed of the nature and cause of the accusation against him, to have the offended party in the criminal case and of the parties
a speedy and public trial, to meet the witnesses face to face, and to have to present additional evidence. The consolidated
compulsory process to secure the attendance of witness in his behalf; criminal and civil actions shall be tried and decided
(17)  Freedom from being compelled to be a witness against one's self, jointly.
or from being forced to confess guilt, or from being induced by a
promise of immunity or reward to make such confession, except when During the pendency of the criminal action, the running
the person confessing becomes a State witness; of the period of prescription of the civil action which
(18)  Freedom from excessive fines, or cruel and unusual punishment, cannot be instituted separately or whose proceeding has
unless the same is imposed or inflicted in accordance with a statute been suspended shall be tolled. (n)
which has not been judicially declared unconstitutional; and
(19)  Freedom of access to the courts. [GR] The extinction of the penal action does not carry
with it extinction of the civil action. However, [XPN]
In any of the cases referred to in this article, whether or not the the civil action based on delict shall be deemed
defendant's act or omission constitutes a criminal offense, the aggrieved extinguished if there is a finding in a final judgment in
party has a right to commence an entirely separate and distinct civil the criminal action that the act or omission from which
action for damages, and for other relief. Such civil action shall proceed
independently of any criminal prosecution (if the latter be instituted), the civil liability may arise did not exist. (2a)
and mat be proved by a preponderance of evidence.
 GR: The extinction of the penal action does not
The indemnity shall include moral damages. Exemplary damages may extinguish the civil action.
also be adjudicated. XPN: When there is a finding in a final judgment in
the criminal action that the act or omission from which
The responsibility herein set forth is not demandable from a judge unless the civil liability might arise did not exist (Sec. 2, Rule
his act or omission constitutes a violation of the Penal Code or other 111).
penal statute.
Section 3. When civil action may proceed independently.
Art. 33. In cases of defamation, fraud, and physical injuries a civil — In the cases provided for in Articles 32, 33, 34 and
action for damages, entirely separate and distinct from the criminal 2176 of the Civil Code of the Philippines, the
action, may be brought by the injured party. Such civil action shall independent civil action may be brought by the offended
proceed independently of the criminal prosecution, and shall require party. It shall proceed independently of the criminal
only a preponderance of evidence. action and shall require only a preponderance of
evidence. In no case, however, may the offended party
Art. 34. When a member of a city or municipal police force refuses or
recover damages twice for the same act or omission
charged in the criminal action. (3a)
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 Section 4. Effect of death on civil actions. — The death
civil action herein recognized shall be independent of any criminal of the accused after arraignment and during the
pendency of the criminal action shall extinguish the civil

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liability arising from the delict. However, the was acquitted by reasonable doubt, he is still ordered
independent civil action instituted under section 3 of to pay the amount of the check.
this Rule or which thereafter is instituted to enforce  Novation – the substitution of a new contract in place
liability arising from other sources of obligation may be of an old one. It is not a ground for the extinguishment
continued against the estate or legal representative of of criminal liability.
the accused after proper substitution or against said  Metrobank vs. Reynaldo – in Estafa cases,
estate, as the case may be. The heirs of the accused may compromise or NOVATION only affects the civil
be substituted for the deceased without requiring the aspect of the contract but not the criminal liability.
appointment of an executor or administrator and the court  Diongson vs. CA – SC ruled Novation Theory may
may appoint a guardian ad litem for the minor heirs. perhaps apply in Court if the relation was converted by
the parties in a creditor-debtor relation. The Principle
The court shall forthwith order said legal representative or of Estoppel is applied. Novation may prevent the rise
representatives to appear and be substituted within a of the filing of criminal action in Court. If the novation
period of thirty (30) days from notice. theory is presented it may prevent the filing. But once
the case is already filed in court, the offended party
A final judgment entered in favor of the offended party may no longer exact presumption. In other words,
shall be enforced in the manner especially provided in Novation does not extinguish criminal liability but
these rules for prosecuting claims against the estate of will prevent the filing of a criminal case.
the deceased.  Calang vs. People [Subsidiary Liability of the
Employer] – Four (4) Conditions for the Employer to
If the accused dies before arraignment, the case shall be liable:
be dismissed without prejudice to any civil action the 1st Condition – The accused is an employee at the
offended party may file against the estate of the time of the commission of the crime;
deceased. (n) 2nd Condition - The employer is engaged in some kind
of industry;
3rd Condition - The crime was committed when the
 People vs. Soria – SC already made a final decision. accused was in the performance of his duties; and
But the Bureau of Correction notified SC that accused 4th Condition - The execution of the employee was
died before final judgment. SC set aside its decision not satisfied due to insolvency.
and ruled it irrelevant and ineffectual.
 If the accused died:
Section 5. Judgment in civil action not a bar. — A final
judgment rendered in a civil action absolving the
1. After arraignment and during the pendency of the
defendant from civil liability is not a bar to a criminal
criminal action -
action against the defendant for the same act or omission
subject of the civil action. (4a)
GR: The civil liability of the accused based on the
crime (civil liability ex delicto) is extinguished.
 Judgment in a civil action is not a bar to
commence a criminal action – reason – because of
XPNs: the difference of the causes of action and the degree
a. Independent civil action based on Arts. 32 33, 34 of evidence required.
and 2176 of the Civil Code; and
b. Civil liability predicated on other sources of Section 6. Suspension by reason of prejudicial question.
obligations, i.e. law, contract, and quasi-contract, — A petition for suspension of the criminal action
which are subsequently instituted. based upon the pendency of a prejudicial question in a
civil action may be filed in (1) the office of the prosecutor
2. Before arraignment – the offended party may file or (2) the court conducting the preliminary investigation.
the civil action against the estate of the deceased (Sec. When the criminal action has been filed in court for trial,
4, Rule 111). the petition to suspend shall be filed in the same criminal
action at any time before the prosecution rests. (6a)
3. Pending appeal
 Prejudicial Question [DEFINITION] It is an issue
a. Civil liability arising from the crime is extinguished 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
b. Civil liability predicated from another source criminal action may proceed.
survives i.e. civil liability arising from law, contracts,
 The CIVIL CASE must be filed FIRST.
quasi-contract and quasi-delict
 Effect – It will suspend the proceedings of the
criminal action.
 Two (2) kinds of acquittal:  Who shall file? Defendant.
1. Acquittal because the accused is not the author of  How?
the crime – civil action does not exist.  Before trial - File a Petition for Suspension before
2. Acquittal because of reasonable doubt – civil the office of the prosecutor.
liability may still be awarded if proven by
 Trial commenced – Before the Court that has
preponderance of evidence.
jurisdiction over the accused.
 Elements:
 Nissan Gallery vs. Filipe – BP 22 was not sufficiently
1. The civil action must be instituted prior to the
proven. But during trial it was established that accused
criminal action;
did issue the check. SC ruled that although accused

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2. The civil action involves an issue similar or case of Alsons vs. Heirs of Romeo, San Miguel vs.
intimately related to the issue raised in the Perez, and Omictin vs. CA.
subsequent criminal action; and
3. The resolution of such issue determines whether Section 7. Elements of prejudicial question. — The
or not the criminal action may proceed (Sec. 7, elements of a prejudicial question are:
Rule 111). [Sabandal vs. Cuanco]
 How about Independent Civil Actions? There is no (a) the previously instituted civil action involves an issue
Prejudicial Questions in Independent Civil Actions similar or intimately related to the issue raised in the
because it can proceed independently. subsequent criminal action, and
 IBP vs. Atienza – Prejudicial Question cannot be filed
on appeal before the higher court (Supreme Court). It
(b) the resolution of such issue determines whether or not
must be file on first instance (lower courts).
the criminal action may proceed. (5a)
 Yap vs. Paras – Suspension does not result to the
dismissal to the case.
 Pimentel vs. Pimentel – Crime: Frustrated Parricide QUIZ #1
– Husband committed a crime against his wife. Wife
filed criminal case. Husband filed civil case for nullity 1. The constitutionality of Sections 4 and 7 of
of marriage. Will the case prosper? NO. The Republic Act No. 8249 an act which further
criminal case was filed FIRST. For Prejudicial defines the jurisdiction of the Sandiganbayan is
Question to apply, the Civil Case must be filed first. being challenged because, among others, it
Also, issues in both cases are different since the issue destroyed the two-tiered appeal from the RTC to
in the civil case will not determine the issue of the
criminal case because their marriage is considered
the Court of Appeals before going to the
valid at the time of the commission of the offense. Supreme Court. Under the law, from the
 Maestrado vs. People – Civil Case of Cancellation of Sandiganbayan the parties will go directly to the
Real Estate Mortgage and Criminal Case of Perjury Supreme Court. Petitioners argued that it
because accused filed loss of the Title when in truth violated their right to appeal and due process by
and in fact it was not lost – Was there Prejudicial shortening the appeal process. Decide. (10
Question? NO.
points)
Civil Case Issue – Whether or not the Real Estate
Mortgage is valid?
ANSWER:
Criminal Case Issue – Whether or not the accused
lied in the execution of the alleged lost Title? (No
The petitioner's contention that their right to a two-
relation as to the issues.) tiered appeal has been diluted by the enactment
 Yap vs. Cabales – of R.A. 8249, is incorrect.
Civil Case Issue – Is there really liability to the
plaintiff? In the case of Panfilo M. Lacson vs. The
Criminal Case Issue – Is the accused liable of B.P. Executive Secretary, the Sandiganbayan, et al.,
22? G.R. No. 128096, it was held that the same
NOTE: There is no Prejudicial Question in B.P. 22 contention has already been rejected by the court
because what is being punished is the issuance of a several times considering that the right to appeal
false check. is not a natural right but statutory in nature that
 Domingo vs. Singson – Heirs alleged that the accused can be regulated by law. The mode of procedure
faked their parents’ signature. provided for in the statutory right of appeal is not
Civil Case Issue – Petitioners filed nullity of the sale included in the prohibition against ex post
– Whether or not the sale is valid? facto laws. R.A. 8249 pertains only to matters of
Criminal Case Issue – Falsification of Public procedure, and being merely an amendatory
document and Estafa – Whether or not accused forged statute it does not partake the nature of an ex post
the signature of Spouses Domingo? facto law. It does not mete out a penalty and,
Supreme Court – Ruled that there is a Prejudicial therefore, does not come within the
Question, thus, suspended the criminal case. prohibition. Moreover, the law did not alter the
 Alsons vs. Heirs of Romeo – Administrative + Civil rules of evidence or the mode of trial. It has been
Case – Although there was no criminal action, ruled that adjective statutes may be made
Prejudicial Question was applied by logic. applicable to actions pending and unresolved at
 San Miguel Properties vs. Perez – Administrative the time of their passage.
Case before the HLURB + Criminal Case - Although
there was no civil action, Prejudicial Question was
Therefore, Sections 4 and 7 of the R.A. 8249 did
applied by logic. This case was not filed in the case
not violate the two-tiered appeal, thus, is not
because it fell in the exclusive jurisdiction of the
HLURB, thus, the SC applied the Prejudicial
unconstitutional.
Question.
 Omictin vs. CA - Administrative Case before the SEC 2. Prosecutor A filed a Motion to Dismiss or
for Intra-Corporate Dispute + Criminal Case for Withdraw the Information based on the order/
Estafa - Although there was no civil action, Prejudicial recommendation of the Secretary of Justice.
Question was applied by logic. Judge Dred denied the motion and ordered the
NOTE: If the facts of the cases are SIMILAR, then continuance of the trial. Is Judge Dred
you can apply the Prejudicial Question like the unique
empowered to do so? Can Prosecutor A refuse

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to prosecute the case on the basis of possible that would amount to double jeopardy. Is Mr. A
insubordination to the Secretary of Justice? (10 correct? (10 points)
points)
ANSWER:
ANSWER:
YES, there is a legal basis for the court to deny the No, amendment of an Information does not result to
Double Jeopardy.
motion for withdrawal of the information.
It was held in the case of Cabo vs. Sandiganbayan, GR
In the case of Crespo v. Mogul, the Court is not 169509 that in order for Double jeopardy to attach by
bound by the Resolution of the Secretary of Justice. virtue of "conditional arraignment" on the first
This is because once an information is filed in court, information, the following requisites must concur: (1)
any disposition of the case as its dismissal or the there is a complaint or information or other formal charge
sufficient in form and substance to sustain a conviction;
conviction or acquittal of the accused rests in the
(2) the same is filed before a court of competent
sound discretion of the court. jurisdiction; (3) there is a valid arraignment or plea to the
charges; and (4) the accused is convicted or acquitted or
As to the question if the Prosecutor and refuse to the case is otherwise dismissed or terminated without his
prosecute, he may only do so if he sees that there is express consent.
no probable cause to penalize the offender, but not
on the ground of fear of insubordination. Based on the abovementioned case, Mr. A cannot invoke
Double Jeopardy because of the absence of the first
requisite that the purpose of the complaint is to sustain
Mr. A’s liability.
3. Francisco filed against Fernandez a criminal case
for theft. After hearing, the court acquitted 5. What do you understand by the phrase: “All
Fernandez. Aggrieved, Francisco appealed the criminal actions shall be prosecuted under the
criminal aspect of the case to the Supreme Court direction and control of the public prosecutor?”
because the RTC erred in appreciating the Give at least 5 examples showing direction and
evidences he submitted. Is the remedy proper? control in the prosecution of criminal cases by
(10 points) the prosecutor. (10 points)

No, Francisco’s remedy is not proper. Under Sec. 5, Rule 110 of the Rules, all criminal
actions covered by a complaint or information shall
Paragraph 4, Section 2, Rule 111 of the Revised Rule of be prosecuted under the direct supervision and
Court provides that the extinction of the penal action does
control of the public prosecutor. This is so because
not carry with it the extinction of the civil action.
However, the civil action based on delict shall be deemed the prosecution of offenses is a public function. The
extinguished if there is a finding in a final judgment in the prosecutor serves as the representative of the State
criminal action that the act or omission from which the and that every crime committed is a threat to the
civil liability may arise did not exist. peace and order of the Republic of the Philippines,
thus, must be prosecuted properly by the said
Therefore, if Fernandez was acquitted, Francisco can only
Prosecutor.
appeal the civil aspect of the case based on the other
sources of obligation other than delict.
The five (5) examples showing direction and control
4. Information for Homicide was filed in the RTC of the Prosecution are as follows:
against Mr. A with the aggravating circumstance 1. To conduct Preliminary Investigation;
of killing Mr. B, a member of the Philippine Army 2. To investigate and prosecute all crimes defined
in disregard of his rank. Upon arraignment, Mr. A under the Revised Penal Code (RPC);
with assistance of counsel pleaded not guilty to 3. To prepare legal opinions and queries about
the charge of Homicide. However, on the same violation of the RPC;
day and after the arraignment, the respondent 4. To present the case in a criminal trial; and
judge issued another order directing the trial 5. To help in the administration of justice.
prosecutor to correct and amend the
Information to Murder in view of the aggravating
circumstance. The prosecutor amended the
Information by crossing out the word
“Homicide” and instead wrote the word
“Murder” in the caption and in the opening
paragraph of the Information. The accusatory
portion remained exactly the same as that of the
original Information for Homicide. Mr. A was re-
arraigned for Murder but he objected because

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RULE 112
Preliminary Investigation

Section 1. Preliminary investigation defined; when

required. — [DEFINITION] 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. (1a)

 What is the minimum requirement to establish

well-founded belief? When all the elements of the
crime are present in the complaint or information.
 Why is there a Preliminary Investigation?
[PURPOSE]
1. Inquire concerning the commission of the crime
and the relation or participation of the respondent
of the charge being filed;
2. To preserve the evidence and keep the witnesses
within the control of the State;
3. To determine the amount of bail if the crime
charged is bailable;
4. Ledesma vs. CA – 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;
5. 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; and
6. To protect the State from having to conduct
useless and expensive trial.

 Nature of Preliminary Investigation:

1. A function that belongs to the Public Prosecutor
who is connected or belongs to the Executive
Department – otherwords; Preliminary
Investigation is an Executive function;
2. [GR] The Courts cannot interfere with the
findings of probable cause [XPN] When there is
clear grave abuse of discretion.
3. It is conducted to protect the accused from
inconvenience, expense and burden of defending
himself in a formal trial;
4. Not a Trial and does not involve examination and
cross-examination;

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5. Not intended to determine if there is evidence Section 2. Officers authorized to conduct preliminary
beyond reasonable doubt – intended only to investigations. —
determine the existence of probable cause; and
6. The prosecutor is not bound to determine whether The following may conduct preliminary investigations:
the evidences are admissible or not.
(a) Provincial or City Prosecutors and their
NOTE: assistants;
 Preliminary Investigation is not a Constitutional
Right – it is only a Statutory Right. However, it is (b) Judges of the Municipal Trial Courts and
part of our Due Process in our criminal justice system. Municipal Circuit Trial Courts; (MTC/MCTC)
Right of Preliminary Investigation is not a mere
formal or technical right, it is a substantive right
because it is created by law. (c) National and Regional State Prosecutors;
and
 Preliminary Investigation may be waived if the
accused fails to question the lack or irregularity of P.I.
before he enters his plea of guilty or not guilty. (d) Other officers as may be authorized by
 What if the accused did not say anything during law.
arraignment? P.I considered waived.
 When is PI required? For Crimes punishable by 4 Their authority to conduct preliminary investigations
years, 2 months and 1 day. shall include all crimes cognizable by the proper court
Exception: Section 7 (Valid Warantless Arrests). in their respective territorial jurisdictions. (2a)
 Absence of PI is not a ground to Quash Complaint or
Information – remand the case to prosecutor to Persons authorized to conduct a preliminary
conduct PI. investigation
 When will you question the absence or irregularity
of PI? Must be questioned before the accused enters
his plea, otherwise, waived. 1. Provincial or city prosecutors and their
 What if the accused applies for bail? Does not bar assistants;
the accused from raising the absence or irregularity of 2. National and Regional State Prosecutors;
proceedings. and
3. Other officers as may be authorized by law,
CASE: such as:
 Lee vs. ABC Bank – Facsimile message, whether a. Ombudsman;
admissible or not, is not the purpose of PI. It is best
ventilated in a full-blown trial. b. COMELEC;
 Calayo vs. Ombudsman – Discretion on the part of c. PCGG, with the assistance of the OSG;
the prosecutor. You cannot compel Prosecutor to file and
the case in Court. d. Other government agencies,
 Romualdez vs Sandiganbayan – The rules do not empowered to investigate, file and
require as an indispensable condition that the presence prosecute cases investigated by it.
of the accused is required.
 Metrobank vs. Reynaldo – PI is not part of the Trial.
Section 3. Procedure. — The preliminary investigation
shall be conducted in the following manner:
PROBABLE CAUSE
 It is the existence of such facts and circumstances as
would excite belief in a reasonable mind, acting on the (a) The complaint shall state the address of the
facts within the knowledge of the prosecutor, that the respondent and shall be accompanied by the
person charged was prosecuted. A finding of probable affidavits of the complainant and his
cause merely binds over the suspect to stand trial. It is witnesses, as well as other supporting
not a pronouncement of guilt (Sps. Balangauan v. CA, documents to establish probable cause. They
G.R. No. 174350, August 13, 2008). shall be in such number of copies as there are
 Does not import absolute certainty – probability only. respondents, plus two (2) copies for the official
It is only based on opinion by the investigating officer. file. The affidavits shall be subscribed and
sworn to before any prosecutor or government
 Implies probability of guilt and requires more than
official authorized to administer oath, or, in their
bare suspicion. Requires clear and convincing
absence or unavailability, before a notary public,
evidence.
each of who must certify that he personally
 Evidence required is based only on the likelihood –
examined the affiants and that he is satisfied
“MORE OR LESS siya jud nag buhat sa crime”
that they voluntarily executed and understood
their affidavits.
 The evidence needed is not based on clear and
convincing evidence of guilt, neither on evidence
establishing guilt beyond reasonable doubt, and (b) Within ten (10) days after the filing of the
definitely not on evidence establishing absolute complaint, the investigating officer shall either
certainty of guilt. It needs only to rest on evidence (1) dismiss it if he finds no ground to continue
showing that more likely than not a crime has been with the investigation, or (2) issue a subpoena
committed by the accused (People vs. Borje, G.R. to the respondent attaching to it a copy of the
No. 170046, December 10, 2014). complaint and its supporting affidavits and
documents.

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The respondent shall have the right to resolution and information. He shall certify under oath in
examine the evidence submitted by the the information that he, or as shown by the record, an
complainant which he may not have been authorized officer, has personally examined the
furnished and to copy them at his expense. If the complainant and his witnesses; that there is reasonable
evidence is voluminous, the complainant may ground to believe that a crime has been committed and
be required to specify those which he intends to that the accused is probably guilty thereof; that the
present against the respondent, and these shall be accused was informed of the complaint and of the
made available for examination or copying by evidence submitted against him; and that he was given an
the respondent at his expense. opportunity to submit controverting evidence. Otherwise,
he shall recommend the dismissal of the complaint.
Objects as evidence need not be furnished a party
but shall be made available for examination, Within five (5) days from his resolution, he shall forward
copying, or photographing at the expense of the the record of the case to the provincial or city prosecutor
requesting party. or chief state prosecutor, or to the Ombudsman or his
deputy in cases of offenses cognizable by the
(c) Within ten (10) days from receipt of the Sandiganbayan in the exercise of its original jurisdiction.
subpoena with the complaint and supporting They shall act on the resolution within ten (10) days from
affidavits and documents, the respondent shall their receipt thereof and shall immediately inform the
submit his counter-affidavit and that of his parties of such action.
witnesses and other supporting documents relied
upon for his defense. The counter-affidavits shall No complaint or information may be filed or dismissed by
be subscribed and sworn to and certified as an investigating prosecutor without the prior written
provided in paragraph (a) of this section, with authority or approval of the provincial or city prosecutor
copies thereof furnished by him to the or chief state prosecutor or the Ombudsman or his deputy.
complainant. The respondent shall not be
allowed to file a motion to dismiss in lieu of a Where the investigating prosecutor recommends the
counter-affidavit. dismissal of the complaint but his recommendation is
disapproved by the provincial or city prosecutor or chief
(d) If the respondent cannot be subpoenaed, or if state prosecutor or the Ombudsman or his deputy on the
subpoenaed, does not submit counter-affidavits ground that a probable cause exists, the latter may, by
within the ten (10) day period, the investigating himself, file the information against the respondent, or
officer shall resolve the complaint based on the direct any other assistant prosecutor or state prosecutor to
evidence presented by the complainant. do so without conducting another preliminary
investigation.
(e) The investigating officer may set a hearing if
there are facts and issues to be clarified from a If upon petition by a proper party under such rules as the
party or a witness. The parties can be present at Department of Justice may prescribe or motu proprio, the
the hearing but without the right to examine or Secretary of Justice reverses or modifies the resolution of
cross-examine. They may, however, submit to the provincial or city prosecutor or chief state prosecutor,
the investigating officer questions which may be he shall direct the prosecutor concerned either to file the
asked to the party or witness concerned. corresponding information without conducting another
preliminary investigation, or to dismiss or move for
The hearing shall be held within ten (10) days dismissal of the complaint or information with notice to
from submission of the counter-affidavits and the parties. The same rule shall apply in preliminary
other documents or from the expiration of the investigations conducted by the officers of the Office of
period for their submission. It shall be terminated the Ombudsman. (4a)
within five (5) days.
 What if there is lack of certification in the
(f) Within ten (10) days after the investigation, investigation? Albizo vs. Sandiganbayan – The
the investigating officer shall determine whether information or complaint is still valid despite the lack
or not there is sufficient ground to hold the of certification. The certification is not an essential
respondent for trial. (3a) part of the information. What is not allowed is the
filing of an information without Preliminary
 Section 3 is the process of Preliminary Investigation. Investigation.
 Paragraph C – the complainant is not allowed to file a  There is no mention of the prohibition of a Motion for
motion to dismiss but only a counter Affidavit. Reconsideration within fifteen (15) days of the
assailed resolution is allowed before going to appeal.
 What if the complainant is not given a copy of the
counter affidavit? Is it a Procedural or Substantial  What if despite Motion of Reconsideration, you are
defect? Only a Procedural defect, does not affect the not satisfied with the decision? Is there another
proceeding. remedy? YES. You may appeal the resolution of the
investigating officer. DEPENDS on the crime charged.
 Is a Reply to the Counter Affidavit necessary? No.
o If the crime charges 6 years and 1 day and
It is only optional.
above – file the Petition of Review before the
 Clarificatory hearing is not mandatory.
Secretary of Justice (SOJ) in Manila.
o 6 years and 1 day and below– Regional State
Section 4. Resolution of investigating prosecutor and its Prosecutor (RSP).
review. — If the investigating prosecutor finds cause to
hold the respondent for trial, he shall prepare the

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 Secretary of Justice has the power to reverse, modify probable cause, the judge may order the prosecutor to
and affirm the prosecutor’s resolution. present additional evidence within five (5) days from
 If there is a petition of review before SOJ or RSP, notice and the issue must be resolved by the court within
stop the filing of the information in Court? NO. thirty (30) days from the filing of the complaint of
Unless, there is an order from SOJ directing information.
prosecutor or peace officer from filing the information
in court. (b) By the Municipal Trial Court. — When required
 What if the respondent did not get an affirmative pursuant to the second paragraph of section 1 of this Rule,
result from the SOJ? Is there still a remedy? YES. the preliminary investigation of cases falling under the
Rule 65 filed before the Court of Appeals on the original jurisdiction of the Metropolitan Trial Court,
ground of Grave Abuse of Discretion. Municipal Trial Court in Cities, Municipal Trial Court, or
 Another relief other that CA? YES. File against the Municipal Circuit Trial Court may be conducted by either
Office of the President. SOJ is under the direct control the judge or the prosecutor. When conducted by the
of the President of the Philippines. prosecutor, the procedure for the issuance of a warrant or
 Another relief from the Office of the President? arrest by the judge shall be governed by paragraph (a) of
YES. You can appeal in the Court of Appeals under this section. When the investigation is conducted by the
Rule 43 and may also file afterwards with the Supreme judge himself, he shall follow the procedure provided in
Court. section 3 of this Rule. If the findings and
 But for the violation of tax and tariff cases, it must be recommendations are affirmed by the provincial or city
filed before the Court of Tax Appeals. prosecutor, or by the Ombudsman or his deputy, and the
 Where will you appeal the ruling of the Ombudsman corresponding information is filed, he shall issue a
in criminal cases? Appeal with the Supreme Court warrant of arrest. However, without waiting for the
under Rule 65 and not the Sandiganbayan. conclusion of the investigation, the judge may issue a
warrant of arrest if he finds after an examination in
Section 5. Resolution of investigating judge and its writing and under oath of the complainant and his
review. — Within ten (10) days after the preliminary witnesses in the form of searching question and answers,
investigation, the investigating judge shall transmit the that a probable cause exists and that there is a necessity of
resolution of the case to the provincial or city prosecutor, placing the respondent under immediate custody in order
or to the Ombudsman or his deputy in cases of offenses not to frustrate the ends of justice.
cognizable by the Sandiganbayan in the exercise of its
original jurisdiction, for appropriate action. The resolution (c) When warrant of arrest not necessary. — A warrant
shall state the findings of facts and the law supporting his of arrest shall not issue if the accused is already under
action, together with the record of the case which shall detention pursuant to a warrant issued by the municipal
include: (a) the warrant, if the arrest is by virtue of a trial court in accordance with paragraph (b) of this
warrant; (b) the affidavits, counter-affidavits and other section, or if the complaint or information was filed
supporting evidence of the parties; (c) the undertaking or pursuant to section 7 of this Rule or is for an offense
bail of the accused and the order for his release; (d) the penalized by fine only. The court shall then proceed in the
transcripts of the proceedings during the preliminary exercise of its original jurisdiction. (6a)
investigation; and (e) the order of cancellation of his bail
bond, if the resolution is for the dismissal of the  When is warrant of arrest not necessary?
complaint. 1. When the accuses is caught based on the
constitutional mandate of warrantless arrest;
Within thirty (30) days from receipt of the records, the 2. When the accuses is already detained, what will
provincial or city prosecutor, or the Ombudsman or his be issued is a commitment order;
deputy, as the case may be, shall review the resolution of 3. When the accused is punishable by crime.
the investigating judge on the existence of probable cause.
Their ruling shall expressly and clearly state the facts and INQUEST PROCEEDING
the law on which it is based and the parties shall be  Inquest Proceeding It is an informal and summary
furnished with copies thereof. They shall order the release investigation conducted by a public prosecutor in
of an accused who is detained if no probable cause is criminal cases involving persons arrested and
found against him. (5a) detained without the benefit of a warrant of
arrest. It is informal and summary and is issued by
 the court for the purpose of determining whether or
not said persons should remain under custody
Section 6. When warrant of arrest may issue. — (a) By and correspondingly be charged in court (Sec. 1,
the Regional Trial Court. — Within ten (10) days from DOJ Circular No. 61).
the filing of the complaint or information, the judge  What if the Inquest Prosecutor is not available?
shall personally evaluate the resolution of the Complaint may still be filed before the court on
prosecutor and its supporting evidence. He may the basis of the affidavit of the offended party or
immediately dismiss the case if the evidence on record peace officer, or private person (ex. Citizen’s
clearly fails to establish probable cause. If he finds arrest)
probable cause, he shall issue a warrant of arrest, or a  Can the person arrested without a warrant ask
commitment order if the accused has already been for a Preliminary Investigation instead? YES.
arrested pursuant to a warrant issued by the judge who Provided he must sign a waiver under Article 125
conducted the preliminary investigation or when the of the RPC and the waiver must be in writing and
complaint or information was filed pursuant to section 7 in the presence of his counsel. (Article 125 of the
of this Rule. In case of doubt on the existence of RPC – Delay in the delivery of the detained person
to the proper judicial authorities.)

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 What if the accused did not ask for Preliminary Before the complaint or information is filed, the person
Investigation after the complaint or information arrested may ask for a preliminary investigation in
is already filed in case? YES. He may still ask for a accordance with this Rule, but he must sign a waiver
Preliminary Investigation within five (5) days from of the provisions of Article 125 of the Revised Penal
knowledge of the filing of the complaint or Code, as amended, in the presence of his counsel.
information. Notwithstanding the waiver, he may apply for bail and the
 When is Inquest Proceeding deemed commenced? investigation must be terminated within fifteen (15) days
When the inquest officer receives the affidavit of from its inception.
arrest and other supporting evidences which are
subscribed and sworn to before the inquest officer. After the filing of the complaint or information in court
 GR: Arrested person shall be present in the Inquest without a preliminary investigation, the accused may,
Proceeding together with his counsel. within five (5) days from the time he learns of its filing,
XPN: ask for a preliminary investigation with the same right to
When the presence of the arrested person cannot be adduce evidence in his defense as provided in this Rule.
secured (ex. Under confinement caused by age or (7a; sec. 2, R.A. No. 7438)
health, or is in under maximum confinement or
security); Section 8. Records. — (a) Records supporting the
 Duties of the Inquest Prosecutor: information or complaint. — An information or
complaint filed in court shall be supported by the
The initial duty of the inquest officer is to determine affidavits and counter-affidavits of the parties and their
if the arrest of the detained person was valid and in witnesses, together with the other supporting evidence and
accordance with Sec. 5 (a) and (b) of Rule 113 of the the resolution on the case.
Rules of Court; should the inquest officer find that
the arrest was not made in accordance with the (b) Record of preliminary investigation. — The record
Rules, he shall: of the preliminary investigation, whether conducted by
a judge or a fiscal, shall not form part of the record of
1. Recommend the release of the person arrested or the case. However, the court, on its own initiative or on
detained; motion of any party, may order the production of the
2. Note down the disposition on the referral record or any its part when necessary in the resolution of
document; the case or any incident therein, or when it is to be
3. Prepare a brief memorandum indicating the introduced as an evidence in the case by the requesting
reasons for the action taken; and party. (8a)
4. Forward the same, together with the record of the
case, to the City or Provincial Prosecutor for
appropriate action (Sec. 9, DOJ Circular No. 61). Section 9. Cases not requiring a preliminary investigation
nor covered by the Rule on Summary Procedure. —
Should it be found that the arrest was properly effected,
the officer shall: (a) If filed with the prosecutor. — If the
complaint is filed directly with the prosecutor
involving an offense punishable by
1. Ask the detained person if he desires to avail himself of imprisonment of less four (4) years, two (2)
a preliminary investigation; and months and one (1) day, the procedure outlined
in section 3(a) of this Rule shall be observed.
2. If he does, he shall be made to execute a waiver of the The prosecutor shall act on the complaint based
provision of Art. 125 of RPC with the assistance of a on the affidavits and other supporting documents
lawyer (Sec. 10, Part II, Manual for Prosecutors). submitted by the complainant within ten (10)
days from its filing.
 Beltran vs. People – Inquest proceeding for the crime
is Inciting to Sedition - several days after, another (b) If filed with the Municipal Trial Court. — If
Inquest Proceeding was done to the accused not for the complaint or information is filed directly
Inciting to Sedition but for Rebellion. Is the inquest with the Municipal Trial Court or Municipal
proper? NO. The inquest for Rebellion was void, thus, Circuit Trial Court for an offense covered by this
it cannot be changed. section, the procedure in section 3(a) of this Rule
shall be observed. If within ten (10) days after
Section 7. When accused lawfully arrested without the filing of the complaint or information, the
warrant. — When a person is lawfully arrested without judge finds no probable cause after personally
a warrant involving an offense which requires a evaluating the evidence, or after personally
preliminary investigation, the complaint or examining in writing and under oath the
information may be filed by a prosecutor without need complainant and his witnesses in the form of
of such investigation provided an inquest has been searching question and answers, he shall
conducted in accordance with existing rules. In the dismiss the same. He may, however, require
absence or unavailability of an inquest prosecutor, the the submission of additional evidence, within
complaint may be filed by the offended party or a peace ten (10) days from notice, to determine
office directly with the proper court on the basis of the further the existence of probable cause. If the
affidavit of the offended party or arresting officer or judge still finds no probable cause despite the
person. additional evidence, he shall, within ten (10)
days from its submission or expiration of said
period, dismiss the case. When he finds

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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

NOTE: Rule 113, 115 and 126 are discussed together.

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. (1)

 Sections 1-5 are important.

 Definition: Arrest is the taking of a persons into
custody in order that he may be bound to answer for
the commission of an offense.
 Purpose of the arrest is to “answer for the offense.”

Section 2. Arrest; how made. — An arrest is made by an

(1) actual restraint of a person to be arrested, or (2) 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. (2a)

 How is arrest effected?

1. Actual restraint of a person to be arrested; or
2. By his submission to the custody of the person
making the arrest.
 Arrest implies control over the person and a restraint
on his liberty such that he cannot leave on his own
will.
 Limits:
1) No violence or unnecessary force shall be used;
2) Person arrested shall not be subjected 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 (1) arrest the
accused and (2) to deliver him to the nearest police
station or jail without unnecessary delay. (3a)

 The officer executing the warrant to arrest the accused

and deliver him to the nearest police station or jail
without unnecessary delay.
 General Rule: When arresting a person, there should
be a warrant of arrest.
 Requisites for issuance of Warrant of Arrest:
o “No search warrant or warrant of arrest shall issue
except upon probable cause to be determined
personally but the judge after examination under
oath or affirmation of the complainant and the
witnesses he may produce, and particularly
describing the place to be searched and the
persons or things to be seized.”(Section 2, Art. III,
Bill of Rights)
o Meaning of Probable Cause: such facts and
circumstances which would lead a reasonably

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discreet and prudent man to believe that an offense Section 5. Arrest without warrant; when lawful. — A
has been committed by the person ought to be peace officer or a private person may, without a warrant,
arrested. (Ocampo vs. Abando, G.R. No. 176830, arrest a person:
February 11, 2014)
o Prima facie case only is required (People vs. Tan, (a) When, in his presence, the person to be
608 SCRA 85) arrested has committed, is actually
o This first duty of the judge when the Information is committing, or is attempting to commit an
filed in court is to determine the existence (or offense;
absence) of probable cause for the arrest of the
accused. The purpose is to insulate the start those (b) When an offense has just been committed,
falsely charged with crimes from tribulation, and he has probable cause to believe based on
expenses and anxiety of a public trial. The function personal knowledge of facts or circumstances
of the judge to issue a Warrant of Arrest upon that the person to be arrested has committed
determination of probable cause is exclusive. It it; and
cannot be deferred by the pending petition for
review by the Sec. of Justice as to the finding of
(c) When the person to be arrested is a
probable cause. (Viudez II v. CA, 588 SCRA 345)
prisoner who has escaped from a penal
 Only a JUDGE can issue a warrant of arrest.
establishment or place where he is serving
 Judge cannot issue a WA without the filing of the final judgment or is temporarily confined
information or complaint in the Court. while his case is pending, or has escaped while
 Personal examination not required in WA. being transferred from one confinement to
 It is enough that the judge personally evaluates the another.
prosecutor’s report and supporting documents
showing the existence of probable cause for the
In cases falling under paragraph (a) and (b) above, the
indictment and, on the basis thereof, issue a WA or
person arrested without a warrant shall be forthwith
disregard the prosecutor’s resolution and require the
delivered to the nearest police station or jail and shall be
submission of additional affidavits of witnesses to aid
proceeded against in accordance with section 7 of Rule
him in determining the existence of probable cause.
112. (5a)
(Ocampo vs. Abando, G.R. No. 176830, Feb. 11,
2014; AAA vs. Carbonell, 524 SCRA 496)
 Warrantless Arrest (Exception to the rule)
1) When, in his presence, the person to be arrested
Section 4. Execution of warrant. — The head of the
has committed, is actually committing or is
office to whom the warrant of arrest was delivered for
attempting to commit the offense (in flagrante
execution shall cause the warrant to be executed within
delicto);
ten (10) days from its receipt. Within ten (10) days after
2) When an offense has just been committed, and he
the expiration of the period, the officer to whom it was
has probable cause to believe, based on personal
assigned for execution shall make a report to the judge
knowledge of facts or circumstances, that the
who issued the warrant. In case of his failure to execute
person to be arrested has committed it (hot
the warrant, he shall state the reasons therefor. (4a)
pursuit);
3) When the person to be arrested is a prisoner who
 After the Warrant of Arrest is issued by the judge, it is has escaped from a penal establishment of place
delivered to the proper law enforcement agency for where he is serving final judgment or is
execution. It shall be executed within ten (10) days temporarily confined while his case is pending or
from receipt. Within ten (10) days after expiration of has escaped while being transferred from one
the period, the officer assigned to execute it shall confinement to another (Sec. 5, Rule 113)
make a report to the judge who issues the Warrant of 4) When a person, previously arrested, escapes or is
Arrest. If he fails to execute it, he shall state the rescued. (Section 13, Rule 113)
reasons for its non-execution. 5) When an accused released on bail attempts to
 When making an arrest with Warrant of Arrest, the depart the country without court permission.
officer shall inform the person to be arrested of: (Section 23, Rule 114)
1) Cause of his or her arrest; and
2) The fact that a Warrant of Arrest has been issued  Who may make the Warrantless Arrest?
for his arrest. o Peace Officer or Private Person (citizen’s arrest)
 In Flagrante Delicto arrest
UNLESS: o “Suspicion” or “Reliable Information” are not
enough to justify warrantless arrests. There must
a) Flees; be an overt act that would indicate that a crime
b) Forcibly resits; or has been committed, he is actually committing or
c) The giving of the information will imperil the attempting to commit an offense.
arrest (Section 7, Rule 113)  Requisites:
a) The person to be arrested must execute an overt
 The officer need not have the Warrant of Arrest at the act indicating that he has just committed, is
time of the arrest. After the arrest, the Warrant of actually committing, or is attempting to commit a
Arrest shall be shown. (Section 7, Rule 113) crime; and
 Arresting officer has authority to summon persons to b) The overt act is done in the presence or within the
assist. Every person requested should assist if to do so view of the arresting officer (People vs. Collado,
would not endanger himself. (Section 10, Rule 113)

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698 scra 628; Commerciante vs. People, G.R. Section 6. Time of making arrest. — An arrest may be
No. 205926, Jully 2015) made on any day and at any time of the day or night. (6)

 Personal knowledge of the commission of the crime is Section 7. Method of arrest by officer by virtue of
needed (People vs. Villareal, 693 scra 549) warrant. — When making an arrest by virtue of a warrant,
 Examples: the officer shall inform the person to be arrested of the
1) Arrest made after an entrapment operation People cause of the arrest and of the fact that a warrant has been
vs. Almodiel, 680 scra 306) issued for his arrest, except when he flees or forcibly
2) A police officer who sees the offense, although at resists before the officer has opportunity to so inform him,
a distance or hears the disturbance created and or when the giving of such information will imperil the
proceeds at once to the scene may effect a arrest. The officer need not have the warrant in his
warrantless arrest since the offense is deemed possession at the time of the arrest but after the arrest, if
committed in his presence (People vs. Del the person arrested so requires, the warrant shall be shown
Rosario, 305 scra 740) to him as soon as practicable. (7a)

 Hot Pursuit Section 8. Method of arrest by officer without warrant. —

 Requisites: When making an arrest without a warrant, the officer shall
1) An offense has just been committed; and inform the person to be arrested of his authority and the
2) The person making the arrest has personal cause of the arrest, unless the latter is either engaged in
knowledge of facts indicating that the person to be the commission of an offense, is pursued immediately
arrested has committed it. after its commission, has escaped, flees or forcibly resists
 This does not require the arresting officer or person to before the officer has opportunity so to inform him, or
personally witness the commission of the offense. The when the giving of such information will imperil the
rule emphasizes the immediacy of the arrest from arrest. (8a)
commission.
 A warrantless arrest effected a day after the Section 9. Method of arrest by private person. — When
commission of the crime is not hot pursuit. (People vs. making an arrest, a private person shall inform the person
Del Rosario, 305 scra 740) to be arrested of the intention to arrest him and cause of
 A warrantless arrest after nineteen (19) hours is not the arrest, unless the latter is either engaged in the
valid. (People vs. Manlulu, 231 scra 740) commission of an offense, is pursued immediately after its
 Arrest based on information from unnamed sources, a commission, or has escaped, flees, or forcibly resists
day after the crime was committed was held invalid. before the person making the arrest has opportunity to so
(People vs. Cendana, 190 scra 740) inform him, or when the giving of such information will
 Arrest six (6) days after commission is invalid (Go vs. imperil the arrest. (9a)
CA, 206 scra 138)
 “Personal Knowledge” is not actual knowledge of the Section 10. Officer may summon assistance. — An officer
crime because the officer did not witness its making a lawful arrest may orally summon as many
commission. The knowledge refers to the knowledge persons as he deems necessary to assist him in effecting
that a crime was committed though not in his the arrest. Every person so summoned by an officer shall
presence. assist him in effecting the arrest when he can render such
 Under the In Flagrante Delicto exception, the person assistance without detriment to himself. (10a)
making the arrest himself witnesses the crime. In the
hot pursuit exception, the person making the arrest Section 11. Right of officer to break into building or
knows for a fact that a crime has been committed. enclosure. — An officer, in order to make an arrest
(People vs. Villareal, 693 scra 549) either by virtue of a warrant, or without a warrant as
 It is enough that the arresting person has reasonably provided in section 5, may break into any building or
worthy information in his possession coupled with his enclosure where the person to be arrested is or is
own observation and fair inferences therefrom that the reasonably believed to be, if he is refused admittance
person arrested has probably committed the offense. thereto, after announcing his authority and purpose.
The arresting officer may even rely on information (11a)
cupplied by a witness or a victim of the crime.
(Pestilos vs. Generoso, vs 739 scra 337)
Section 12. Right to break out from building or
 Personal knowledge must be based on probable cause,
enclosure. — Whenever an officer has entered the
which means an actual belief or reasonable ground of
building or enclosure in accordance with the preceding
suspicion coupled with good faith. (Abelita vs. Doria,
section, he may break out therefrom when necessary
596 scra 220)
to liberate himself. (12a)
 Personal knowledge pertain to actual facts or raw
evidence which are sufficiently strong in themselves to
create the required probable cause. (Pestilos vs. Section 13. Arrest after escape or rescue. — If a person
Generoso, vs 739 scra 337) lawfully arrested escapes or is rescued, any person
 Rights of the person arrested : R.A. 7438 may immediately pursue or retake him without a
warrant at any time and in any place within the
 Miranda Rights
Philippines. (13)
a) Right to remain silent;
b) Anything he says can and will be used against
him in court of law; Section 14. Right of attorney or relative to visit person
c) He has right to talk to an attorney during the arrested. — Any member of the Philippine Bar shall, at
questioning; and the request of the person arrested or of another acting
d) If he cannot afford counsel, one will be provided. in his behalf, have the right to visit and confer

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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. (14a)

RULE 114
Bail

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Section 1. Bail defined. — Bail is the security given for to be present. The trial will proceed in absencia;
the release of a person in custody of the law, furnished and
by him or a bondsman, to guarantee his appearance before d) The bondsman shall surrender the accused to the
any court as required under the conditions hereinafter court for of the final judgment.
specified. Bail may be given in the form of corporate
surety, property bond, cash deposit, or recognizance. (1a)  The grant of bail should not be conditioned upon the
[MEMORIZE] prior arraignment of the accused. It will undermine the
constitutional right of the accused. (Lavides vs. CA,
 Being in custody signifies literal custody over the 324 S 321)
body of the accused. An accused who is confined in  The condition that sureties do not undertake to deliver
the hospital may be deemed in custody of the law if he the accused if hearing is postponed is valid because it
clearly communicates his submission to the court is not contrary to law or public policy and it lightens
while in the hospital. (Defensor-Santiago vs. Vasquez, the obligations of bondsmen. (48 Phil. 713)
217 S 633)
 Bail for appearance of witness: It may likewise apply Section 3. No release or transfer except on court order or
to a material witness. This does not require prior bail. — No person under detention by legal process shall
custody of the law. The witness may be ordered to be released or transferred except upon order of the court
post bail even if not under detention. If he refuses, he or when he is admitted to bail. (3a)
will be committed to prison. (Sec. 14, Rule 114)
 Bail may be required of witnesses in case there is a  No person under detention by legal process shall be
substitution of the information. (Sec. 14, Rule 110) released or transferred except upon order of the court
 Kinds of Bail: or when he is admitted to bail.
1) Cash;
2) Property Bond; Section 4. Bail, a matter of right; exception. — All
3) Corporate Surety; or persons in custody shall be admitted to bail as a matter of
4) Recognizance. right, with sufficient sureties, or released on recognize as
prescribed by law or this Rule (a) before or after
Section 2. Conditions of the bail; requirements. — All conviction by the Metropolitan Trial Court, Municipal
kinds of bail are subject to the following conditions: Trial Court, Municipal Trial Court in Cities, or Municipal
Circuit Trial Court, and (b) before conviction by the
(a) The undertaking shall be effective upon Regional Trial Court of an offense not punishable by
approval, and unless cancelled, shall remain in death, reclusion perpetua, or life imprisonment. (4a)
force at all stages of the case until
promulgation of the judgment of the Regional  What are the exceptions?
Trial Court, irrespective of whether the case was a) Before or after conviction by MTC and other
originally filed in or appealed to it; (unless the lower courts;
bail is cancelled) b) Before conviction by RTC of an offense not
punishable by death, reclusion perpetua or life
(b) The accused shall appear before the proper imprisonment;
court whenever required by the court of these c) Before conviction by RTC of an offense
Rules; punishable by death, reclusion perpetua or life
imprisonment when the evidence of guilt is not
(c) The failure of the accused to appear at the strong.
trial without justification and despite due notice
shall be deemed a waiver of his right to be  When bail is a matter of right it cannot be denied even
present thereat. In such case, the trial may if there is a probability that the accused will escape or
proceed in absentia; and not appear in the trial. What the court can do is
increase the bail bond to assure his appearance
(d) The bondsman shall surrender the accused provided it is not excessive. (San Miguel vs. Maceda,
to the court for execution of the final judgment. 520 S 205)

The original papers shall state the full name and address Section 5. Bail, when discretionary. — Upon conviction
of the accused, the amount of the undertaking and the by the Regional Trial Court of an offense not punishable
conditions herein required. Photographs (passport size) by death, reclusion perpetua, or life imprisonment,
taken within the last six (6) months showing the face, left admission to bail is discretionary. The application for bail
and right profiles of the accused must be attached to the may be filed and acted upon by the trial court despite the
bail. (2a) 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
 Conditions apply to all kinds of Bail: the nature of the offense from non-bailable to bailable, the
a) It is effective upon approval and unless cancelled, application for bail can only be filed with and resolved by
shall remain in force at all stages of the case until the appellate court.
promulgation of the judgment of the RTC,
whether originally filed or appealed to it.
b) Accused shall appear before the proper court Should the court grant the application, the accused may be
whenever required by the court or these Rules; allowed to continue on provisional liberty during the
c) Failure to appear despite notice and without pendency of the appeal under the same bail subject to the
justification shall be deemed a waiver of his right consent of the bondsman.

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If the penalty imposed by the trial court is imprisonment Section 7. Capital offense of an offense punishable by
exceeding six (6) years, the accused shall be denied bail, reclusion perpetua or life imprisonment, not bailable. —
or his bail shall be cancelled upon a showing by the No person charged with a capital offense, or an offense
prosecution, with notice to the accused, of the following punishable by reclusion perpetua or life imprisonment,
or other similar circumstances: shall be admitted to bail when evidence of guilt is strong,
regardless of the stage of the criminal prosecution. (7a)
(a) That he is a recidivist, quasi-recidivist, or
habitual delinquent, or has committed the crime  Shall not be admitted to bail when evidence of guilt is
aggravated by the circumstance of reiteration; strong, regardless of the stage of the prosecution.

(b) That he has previously escaped from legal Section 8. Burden of proof in bail application. — At the
confinement, evaded sentence, or violated the hearing of an application for bail filed by a person who is
conditions of his bail without valid justification; in custody for the commission of an offense punishable by
death, reclusion perpetua, or life imprisonment, the
(c) That he committed the offense while under prosecution has the burden of showing that evidence of
probation, parole, or conditional pardon; guilt is strong. The evidence presented during the bail
hearing shall be considered automatically reproduced at
(d) That the circumstances of his case indicate the trial, but upon motion of either party, the court may
the probability of flight if released on bail; or recall any witness for additional examination unless the
latter is dead, outside the Philippines, or otherwise unable
to testify. (8a)
(e) That there is undue risk that he may commit
another crime during the pendency of the appeal.
Section 9. Amount of bail; guidelines. — The judge who
issued the warrant or granted the application shall fix a
The appellate court may, motu proprio or on motion of reasonable amount of bail considering primarily, but not
any party, review the resolution of the Regional Trial limited to, the following factors:
Court after notice to the adverse party in either case. (5a)
(a) Financial ability of the accused to give bail;
REMEDY
 The appellate court may, motu propio or on motion of
any party, review the resolution of the RTC after (b) Nature and circumstances of the offense;
notice to the adverse party in either case. Just file a
motion before the CA as an incident to the appeal. (c) Penalty for the offense charged;
There is no need to file a separate action for certiorari
as it contravenes the proscription against multiplicity (d) Character and reputation of the accused;
of suits and constitutes forum Shopping. (Chua vs.
CA, 520 S 729) (e) Age and health of the accused;

Where to file Bail after conviction by RTC? (f) Weight of the evidence against the accused;

a) Before the same RTC even if the notice of appeal (g) Probability of the accused appearing at the
has already been filed provided that it has not trial;
transmitted the original record to the appellate
court. (h) Forfeiture of other bail;
b) If original record is already transmitted, the bail
application shall be filed with the appellate court.
(c.f. Sec. 6, Rule 120) (i) The fact that accused was a fugitive from
c) If the RTC decision convicting the accused justice when arrested; and
changed the nature of the offense from non-
bailable to bailable. The application for bail shall (j) Pendency of other cases where the accused is
be filed and resolved only by the appellate court. on bail.

 If the court grants the application, the accused may be Excessive bail shall not be required. (9a)
allowed to continue on provisional liberty during the
pendency of the appeal under the same bail subject to  The amount of the bail is fixed by the judge who
the consent of the bondsman. issued the warrant or granted the application.
 If the accused himself put up the bail bond, there is no  Excessive bail shall not be required.
need for the consent.  If the accused is financially incapable of posting the
bail fixed by the court, he may move for its reduction
Section 6. Capital offense defined. — A capital offense is with supporting evidences. The hearing of the motion
an offense which, under the law existing at the time of its is prioritized. (Sec. 3, A.M. No. 12-11-12-SC)
commission and of the application for admission to bail,  The order fixing the amount of bail is not appealable.
may be punished with death. (6a) (Sec. 4, supra)

 One which, under the law existing at the time of its Section 10. Corporate surety. — Any domestic or foreign
commission and of the application for admission to corporation, licensed as a surety in accordance with law
bail, may be punished with death. and currently authorized to act as such, may provide bail

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by a bond subscribed jointly by the accused and an officer Section 15. Recognizance. — Whenever allowed by law
of the corporation duly authorized by its board of or these Rules, the court may release a person in custody
directors. (10a) to his own recognizance or that of a responsible person.
(15a)
Section 11. Property bond, how posted. — A property
bond is an undertaking constituted as lien on the real Section 16. Bail, when not required; reduced bail or
property given as security for the amount of the bail. recognizance. — No bail shall be required when the law
Within ten (10) days after the approval of the bond, the or these Rules so provide.
accused shall cause the annotation of the lien on the
certificate of title on file with the Register of Deeds if the When a person has been in custody for a period equal to
land is registered, or if unregistered, in the Registration or more than the possible maximum imprisonment
Book on the space provided therefor, in the Registry of prescribe for the offense charged, he shall be released
Deeds for the province or city where the land lies, and on immediately, without prejudice to the continuation of the
the corresponding tax declaration in the office of the trial or the proceedings on appeal. If the maximum
provincial, city and municipal assessor concerned. penalty to which the accused may be sentenced
is destierro, he shall be released after thirty (30) days of
Within the same period, the accused shall submit to the preventive imprisonment.
court his compliance and his failure to do so shall be
sufficient cause for the cancellation of the property bond A person in custody for a period equal to or more than the
and his re-arrest and detention. (11a) minimum of the principal penalty prescribed for the
offense charged, without application of the Indeterminate
Section 12. Qualifications of sureties in property bond. — Sentence Law or any modifying circumstance, shall be
The qualification of sureties in a property bond shall be as released on a reduced bail or on his own recognizance, at
follows: the discretion of the court. (16a)

(a) Each must be a resident owner of real estate  When Bail is not required?
within the Philippines; 1) When the law or Rules provide;
2) When a person is detained for a period equal to or
(b) Where there is only one surety, his real estate more than the possible maximum imprisonment
must be worth at least the amount of the prescribed for the offense but his trial shall
undertaking; continue;
3) If the maximum sentence is destierro, the accused
(c) If there are two or more sureties, each may shall be released after thirty (30) days of
justify in an amount less than that expressed in preventive imprisonment;
the undertaking but the aggregate of the justified 4) A person in custody for a period equal to or more
sums must be equivalent to the whole amount of than the minimum of the principal penalty
bail demanded. prescribed for the offense without applying the
SIL or modifying circumstance, shall be released
on a reduced bail or his own recognizance at the
In all cases, every surety must be worth the amount discretion of the court.
specified in his own undertaking over and above all just
debts, obligations and properties exempt from execution.
(12a) 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
Section 13. Justification of sureties. — Every surety shall thereof, with any regional trial judge, metropolitan trial
justify by affidavit taken before the judge that he judge, municipal trial judge, or municipal circuit trial
possesses the qualifications prescribed in the preceding judge in the province, city, or municipality. If the accused
section. He shall describe the property given as security, is arrested in a province, city, or municipality other than
stating the nature of his title, its encumbrances, the where the case is pending, bail may also be filed with any
number and amount of other bails entered into by him and regional trial court of said place, or if no judge thereof is
still undischarged, and his other liabilities. The court may available, with any metropolitan trial judge, municipal
examine the sureties upon oath concerning their trial judge, or municipal circuit trial judge therein.
sufficiency in such manner as it may deem proper. No bail
shall be approved unless the surety is qualified. (13a)
(b) Where the grant of bail is a matter of
discretion, or the accused seeks to be released on
Section 14. Deposit of cash as bail. — The accused or recognizance, the application may only be filed
any person acting in his behalf may deposit in cash with in the court where the case is pending, whether
the nearest collector or internal revenue or provincial, on preliminary investigation, trial, or on appeal.
city, or municipal treasurer the amount of bail fixed by the
court, or recommended by the prosecutor who
investigated or filed the case. Upon submission of a (c) Any person in custody who is not yet charged
proper certificate of deposit and a written undertaking in court may apply for bail with any court in the
showing compliance with the requirements of section 2 of province, city, or municipality where he is held.
this Rule, the accused shall be discharged from custody. (17a)
The money deposited shall be considered as bail and
applied to the payment of fine and costs while the excess, Where the BAIL is filed?
if any, shall be returned to the accused or to whoever
made the deposit. (14a) 1) Where the case is pending;

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2) In the absence or unavailability of the judge where the no judgment should be rendered against them for the
case is pending, any RTC or MTC judge in the city, amount of their bail. Within the said period, the bondsmen
province or municipality; must:
3) If accused is arrested in the place other than where the
case is pending, with any RTC judge or in its absence (a) produce the body of their principal or give the
or unavailability, with any MTC or lower court judge reason for his non-production; and
of the place where he is arrested;
4) When bail is a matter of discretion or the accused (b) explain why the accused did not appear
seeks to be released on recognizance, the application before the court when first required to do so.
shall be filed only in the court where the case is
pending whether on trial or appeal;
5) A person in custody who is not yet charged in court Failing in these two requisites, a judgment shall be
may apply for bail with any court in the province, city rendered against the bondsmen, jointly and severally, for
or municipality where he is held. 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. (21a)
NOTE:
 If the accused fails to appear in person as required, his
 What entitles a person to bail is his being in custody of bail shall be declared forfeited.
the law. He need not wait for a formal complaint or
 The bondsman is given 30 days to produce the accused
information to be filed. (Ruiz vs. Beldia, Jr., 451 S
and to show cause why no judgment should be
402)
rendered against them for the amount of bail.
Section 18. Notice of application to prosecutor. — In the  Within thirty (30) days the bondsman must:
application for bail under section 8 of this Rule, the court 1) Produce the body of the accused or give the
must give reasonable notice of the hearing to the reason for his non-production; and
prosecutor or require him to submit his recommendation. 2) Explain why the accused did not appear before the
(18a) court when first required to do so.

Section 19. Release on bail. — The accused must be  There must be a hearing to give due process to the
discharged upon approval of the bail by the judge with bondsman.
whom it was filed in accordance with section 17 of this  Failure to satisfy the two requirements, judgment shall
Rule. be rendered against the bondsmen jointly and severally
for the amount of the bail.
Whenever bail is filed with a court other than where the  The court shall not mitigate the liability of the
case is pending, the judge who accepted the bail shall bondsmen, unless the accused is surrendered or
forward it, together with the order of release and other acquitted.
supporting papers, to the court where the case is pending,  The court may issue a bench warrant to arrest the
which may, for good reason, require a different one to be accused who fails to appear despite notice.
filed. (19a)  Bench warrant is defined as a writ issued directly by a
judge to a law enforcement officer, for the arrest of a
Section 20. Increase or reduction of bail. — After the person who was held in contempt, has disobeyed a
accused is admitted to bail, the court may, upon good subpoena or has to appear at a hearing or trial. (Sec. 9,
cause, either increase or reduce its amount. When Rule 71)
increased, the accused may be committed to custody if he
does not give bail in the increased amount within a Section 22. Cancellation of bail. — Upon application of
reasonable period. An accused held to answer a criminal the bondsmen, with due notice to the prosecutor, the bail
charge, who is released without bail upon filing of the may be cancelled upon surrender of the accused or proof
complaint or information, may, at any subsequent stage of of his death.
the proceedings and whenever a strong showing of guilt
appears to the court, be required to give bail in the amount The bail shall be deemed automatically cancelled upon
fixed, or in lieu thereof, committed to custody. (20a) acquittal of the accused, dismissal of the case, or
execution of the judgment of conviction.
 Upon good cause, bail may be increased or reduced. If
accused does not give bail as increased within In all instances, the cancellation shall be without prejudice
reasonable period, he will be committed to custody. to any liability on the bond. (22a)
 If accused was released without bail, he may be
required to post bail later when there is a strong
showing of guilt. If accused fails or refuses to post  How to cancel the bail?
bail, he will be committed to custody. 1) Upon surrender of the accused; and
2) Death of the accused.
Section 21. Forfeiture of bond. — When the presence of  Automatic Cancellation:
the accused is required by the court or these Rules, his 1) Acquittal of the accused;
bondsmen shall be notified to produce him before the 2) Dismissal of the case; and
court on a given date and time. If the accused fails to 3) Execution of the judgment of conviction.
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

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 This requires application of the bondsman with notice from adults, ensure the observance of the right of
to the prosecutor. detainees to confer privately with counsel, and strive to
 The cancellation shall be without prejudice to any eliminate conditions inimical to the detainees.
liability on the bail.
In cities and municipalities to be specified by the Supreme
 Other grounds for cancellation are: Court, the municipal trial judges or municipal circuit trial
judges shall conduct monthly personal inspections of the
1) When the accused is convicted by the RTC of an municipal jails in their respective municipalities and
offense punishable by death, reclusion perpetua or submit a report to the executive judge of the Regional
life imprisonment; Trial Court having jurisdiction therein.
2) When any of the circumstances in Sec. 5, Rule
114 is present. A monthly report of such visitation shall be submitted by
the executive judges to the Court Administrator which
Section 23. Arrest of accused out on bail. — For the shall state the total number of detainees, the names of
purpose of surrendering the accused, the bondsmen may those held for more than thirty (30) days, the duration of
arrest him or, upon written authority endorsed on a detention, the crime charged, the status of the case, the
certified copy of the undertaking, cause him to be arrested cause for detention, and other pertinent information. (25a)
by a police officer or any other person of suitable age and
discretion. Section 26. Bail not a bar to objections on illegal
arrest, lack of or irregular preliminary investigation. —
An accused released on bail may be re-arrested without An application for or admission to bail shall not bar the
the necessity of a warrant if he attempts to depart from the accused from challenging the validity of his arrest or the
Philippines without permission of the court where the case legality of the warrant issued therefor, or from assailing
is pending. (23a) the regularity or questioning the absence of a preliminary
investigation of the charge against him, provided that he
Purpose: 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. (n)
1) For the purpose of surrendering the accused;
2) If he attempts to depart from the country without court
permission;  Not a bar provided that accused raised them before
3) No warrant is needed. entering his plea.
 The court shall resolve the matter as early as
Section 24. No bail after final judgment; exception. — No practicable but not later than the start of the trial of the
bail shall be allowed after the judgment of conviction has case.
become final. If before such finality, the accused has
applies for probation, he may be allowed temporary [FURTHER DISCUSSIONS ON BAIL BASED ON
liberty under his bail. When no bail was filed or the UST]
accused is incapable of filing one, the court may allow his
release on recognizance to the custody of a responsible Nature
member of the community. In no case shall bail be  Bail is the security given for the release of a person in
allowed after the accused has commenced to serve custody of the law, furnished by him or a bondsman,
sentence. (24a) to guarantee his appearance before any court as
required under the conditions prescribed under the
GR: No bail is needed: rules (Sec. 1, Rule 114).

1) After the judgment of conviction has become Basis of the right to bail
final; and  The right to bail is a constitutional right which flows
2) Accused has commenced to serve sentence. from the presumption of innocence in favor of every
accused who should not be subjected to the loss of
freedom.
EXCEPTION: If before such finality, the accused
 Thus, the right to bail only accrues when a person is
applied for probation, he may be allowed temporary
arrested or deprived of his liberty. The right to bail
liberty under his bail. When no bail was filed or accused
presupposes that the accused is under legal custody
is incapable of filing one, the court may allow his release
(Paderanga v. Court of Appeals, G.R. No. 115407,
on recognizance to the custody of a responsible member
August 28, 1995).
of the community.
 It would be premature to file a petition for bail for
someone whose freedom has yet to be curtailed (Alva
Section 25. Court supervision of detainees. — The court v. CA, G.R. No. 157331, April 12, 2006).
shall exercise supervision over all persons in custody for
the purpose of eliminating unnecessary detention. The Effect of mitigating circumstances in determining the
executive judges of the Regional Trial Courts shall right to bail
conduct monthly personal inspections of provincial, city,
 The presence or absence of mitigating circumstances
and municipal jails and their prisoners within their
is not a consideration that the Constitution deemed
respective jurisdictions. They shall ascertain the number
worthy. It is, therefore, the maximum penalty provided
of detainees, inquire on their proper accommodation and
by the offense that has bearing and not the possibility
health and examine the condition of the jail facilities.
of mitigating circumstances being appreciated in the
They shall order the segregation of sexes and of minors

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accused’s favor (Enrile v. Sandiganbayan, G.R. unavailable, another judge who entertains a bail
No.21384, August 18, 2015). application despite knowledge of the pendency of
the case in another court is clearly in error
Nature of bail proceedings (Savella vs Ines, A.M. No. MTJ-07-1673, April
 The hearing of an application for bail should be 19, 2007)]
summary in nature or otherwise in the discretion of
the court. 3. If the accused is arrested in a province, city, or
municipality other than where the case is
NOTE: 'Summary hearing' means such brief and speedy pending, bail may also be filed with any RTC of
method of receiving and considering the evidence of guilt said place, or if no judge thereof is available,
as is practicable and consistent with the purpose of the with any MTC judge, MCTC therein;
hearing which is merely to determine the weight of the
evidence for purposes of bail (Ocampo v. Bernabe, G.R. [NOTE: When bail is filed with a court other
No. L-439, August 20, 1946). than where the case is pending, the judge who
accepted the bail shall forward it, together with
Purposes of bail the order of release and other supporting papers,
1. To relieve an accused from the rigors of to the court where the case is pending (Sec. 19,
imprisonment until his conviction and yet secure Rule 114).]
his appearance at the trial (Almeda v. Villaluz
G.R. No. L-31665, August 6, 1975); 4. Any person in custody who is not yet charged in
2. To honor the presumption of innocence until court may apply for bail with any court in the
his guilt is proven beyond reasonable doubt; and province, city, or municipality where he is held
3. To enable him to prepare his defense without (Sec. 17, Rule 114).or
being subjected to punishment prior to 5. Where the grant of bail is a matter of discretion,
conviction. or the accused seeks to be released on
recognizance, the application may only be filed
Conditions attached to the grant of bail in the court where the case is pending, whether
All kinds of bail are subject to the following conditions: on preliminary investigation, trial, or on appeal.
1. The undertaking shall be effective upon
approval, and unless cancelled, shall remain in Law on Juveniles in conflict with the law with respect
force at all stages of the case until promulgation to bail of non-capital offenses
of the judgment of the Regional Trial Court, 1. The privileged mitigating circumstances of
irrespective of whether the case was originally minority shall be considered (Sec. 34, RA 9344,
filed in or appealed to it; Juvenile and Justice Act of 2006).
2. The accused shall appear before the proper court 2. Where a child is detained, the court shall order
whenever required by the court or the Rules; the:
3. The failure of the accused to appear at the trial a) Release of the minor on recognizance to
without justification and despite due notice shall his/her parents and other suitable person;
be deemed a waiver of his right to be present
thereat. In such case, the trial may proceed in
b) Release of the child in conflict with the law
absentia; and on bail; or
4. The bondsman shall surrender the accused to the c) Transfer of the minor to a youth detention
court for execution of the final execution (Sec. 2, home or youth rehabilitation center (Sec. 35,
Rule 114). RA 9344).

NOTE: NOTE:
 The original papers shall state the full name and  The court shall not order the detention of a child in a
address of the accused, the amount of the undertaking jail pending trial or hearing of his/her case (Sec. 35,
and the conditions required by this section. RA 9344).
Photographs (passport size) taken within the last 6
months showing the face, left and right profiles of the If minor is unable to furnish bail
accused must be attached to the bail (Sec. 2, Rule  The minor shall be, from the time of his arrest,
114). committed to the care of the DSWD or the local
 When the court finds that there is likelihood of the rehabilitation center or upon recommendation of
accused jumping bail or committing other harm to the DSWD or other agencies authorized by the court may,
citizenry, the court may grant other conditions in in its discretion be released on recognizance (Sec. 36,
granting bail (Almeda v. Villaluz, G.R. No. L-31665, RA 9344).
August 6, 1975).
Court martial offenses
Bail shall be filed:  The right to bail has traditionally not been recognized
1. In the court where the case is pending; and is not available in the military, as an exception to
the general rule embodied in the Bill of Rights
2. In the absence or unavailability of the judge
(Commendador v. De Villa, G.R. No. 95020, August
thereof, with any RTC judge, MTC judge, or
20, 1991).
MCTC judge in the province, city, or
municipality;
Filing of bail after a final judgment
GR: Bail may not be filed once there is already a final
[Where there is no showing that the judge of
judgment (Sec. 24, Rule 114).
court where the criminal case is pending is

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 31 | P a g e L A W Y E R S I N T H E M A K I N G FROM ST. MARY’S COLLEGE OF TAGUM, INC. COLLEGE OF LAW

corresponding tax declaration if property is

XPN: Even after conviction by the MTC, bail is still a not registered (Sec. 11, Rule 114);
matter of right. c) The person who undertakes the conditions of a
regular bond will be the custodian of the accused
NOTE: If before such finality, the accused applies for during the time that he is under provisional
probation, he may be allowed temporary liberty under his liberty.
bail. In no case shall bail be allowed after the accused has
commenced to serve sentence. NOTE: In all cases, the surety of properties must be
worth the amount specified in his own undertaking over
Forms of bail: and above all just debts, obligations and properties
1. Corporate surety; exempt from execution (Sec. 12, Rule 114).
2. Property bond;
3. Cash deposit or Cash Bond; and [MOST 3. Cash deposit or Cash bond
COMMON] a) It is deposited by the accused himself or any
person acting in his behalf;
4. Recognizance.
b) Cash shall be in the amount fixed by the court or
recommended by the prosecutor who investigated
[Further explanation]
the case;
c) It is to be deposited before the:
1. Corporate surety/ Bail bond
i. Nearest collector of internal revenue;
a) It is an obligation under seal given by the accused
ii. Provincial, city or municipal treasurer; or
with one or more sureties and made payable to the
iii. Clerk of court where the case is pending;
proper officer with the condition to be void upon
performance by the accused of such acts as he
d) No further order from the court is necessary for
may be legally required to perform;
the release of the accused if the conditions
 Similar to Insurance Law prescribed were complied with (Sec. 14, Rule
 A surety company may be approached so that 114);
the Court may have the Corporate Surety. e) If the accused does not appear when required, the
 The obligation of the accused is to pay for the whole amount of the cash bond will be forfeited
Premium. in favor of the government and the accused will
 However, there is a requirement that the now be arrested.
surety company is authorized by the Supreme
Court, otherwise, such bond will not be 4. Recognizance
considered bail.
b) The accused goes to an authorized bonding a) An obligation of record, entered into before some
company and he will pay a premium for the court or magistrate duly authorized to take it with
service which is a percentage of the total amount the condition to do some particular act. It is an
of bail. The bonding company will then go to the undertaking of a disinterested person with high
court and execute an undertaking, or "security credibility wherein he will execute an affidavit of
bond" in the amount of the bail bond in behalf of recognizance to the effect that when the presence
the accused, that if the accused is needed, the of the accused is required in court, the custodian
bonding company will bring him before the court; will bring him to that court;
c) If the accused jumps bail, the bond will be b) This is allowed for light felonies only.
cancelled and the bonding company will be given
sufficient time to locate the whereabouts of the  Instances where you can apply for
accused who posted bail but later on jumps bail. Recognizance Bond
Notice to bonding company is notice to the o RA 6036
accused. Notice is usually sent to the bonding o Section 16, Rule 114
company in order to produce the body of the
o Section 24, Rule 114
accused.
o PD 603
NOTE: Liability of surety or bondsman covers all
three stages: trial, promulgation, and execution of NOTE: If the accused does not appear despite notice to
sentence. the custodian, or the person who executed the
recognizance does not produce the accused, he may be
cited for contempt of court. This is the remedy because no
2. Property bond money is involved in recognizance.
a) The title of the property will be used as security
for the provisional liberty of the accused which
Bail Bond Recognizance
shall constitute a lien over the property; [REAL
An obligation under seal An obligation of record
PROPERTY ONLY]
given by the accused with entered into before some
b) The accused shall cause the annotation of the lien
one or more sureties, and court or magistrate duly
within 10 days after approval of the bond before
made payable to the proper authorized to take it with
the:
officer with the condition the condition to do some
i. Registry of Deeds if the property is
to be void upon particular act, the most
registered; or
performance by the usual condition in criminal
ii. Registration Book in the Registry of Deeds of
accused of such acts as he cases being the appearance
the place where the land lies and before the
may legally be required to of the accused for trial.
provincial, city or municipal assessor on the
perform.

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Recognizance cannot be 3. Before final conviction by all children in conflict

applied in all cases (ex. with the law for an offense not punishable by
Murder) reclusion perpetua or life imprisonment.

When is Bail available? When a matter of Discretion?

 Bail is available when a person is under the custody of 1. Upon conviction by the RTC of an offense not
Law. punishable by death, reclusion perpetua or life
imprisonment;
When is a person under the “custody of Law”? 2. Regardless of the stage of the criminal
 When he is arrested; prosecution, a person charged with a capital
 Deprived of Freedom; or offense, or an offense punishable by reclusion
 Had voluntary submitted himself to the custody of perpetua or life imprisonment, when evidence of
Law. guilt is not strong (Sec. 7, Rule 114); and
3. A child in conflict with the law charged with an
May bail be applied when there is Final Judgment? offense punishable by death, reclusion perpetua
 No. Bail cannot be filed when there is already Final or life imprisonment when evidence of guilt is
Judgment. not strong (Sec. 28, A.M. No. 02-1-18-SC).

Where should Bail be filed? [Section 17, Rule 114] NOTE:

1. Filed in the Court where the case is pending;  The prosecution cannot adduce evidence for the denial
2. In case of absence or unavailability of the Judge of bail where it is a matter of right. However, where
where the case is pending, bail may be filed with the grant of bail is discretionary, the prosecution may
any RTC Judge in the same city, municipality or show proof to deny the bail.
province;  Whether bail is a matter of right or of discretion,
3. Absence of any RTC Judge, any MCTC or lower reasonable notice of hearing is required to be given to
court Judge. the prosecutor or fiscal, or at least he must be asked
4. If the accused is arrested in the a province, city for his recommendation.
or municipality outside the Court where the case  Recommendation is necessary because in fixing the
is pending, the accused may file the Bail in any amount of bail, the judge is required to take into
RTC where he is arrested or detained, or any account a number of factors such as the applicant’s
lower court judge in the absence of any RTC character and reputation, forfeiture of other bonds or
judge; whether he is a fugitive from justice.
5. Any person in custody of Law may filed bail in
any court of the city, municipality or province Should the prosecution be notified?
where he is held despite the fact that no  Even if a Bail is a matter of right or a matter of
complaint or information has been filed against discretion, the prosecution must always be notified to
him. fix the amount of bail.

Is it possible to post Bail even if there is no case filed

yet?
 YES. Any person detained can apply with any Court
of the city, municipality or province where he is held
despite the fact that no complaint or information has
been filed against him.

Is Arraignment a condition before the accused may file

Bail?
 No. In the case of Lavides vs. CA, SC ruled that the
accused should be allowed to post Bail even if he is
not yet arraigned. The SC further ruled that if
arraignment is required, the accused will be put on an
unfavorable situation.

When Bail is 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.(Enrile vs. Sandiganbayan, G.R.
No. 213847, August 18, 2015)

2. Before conviction by the RTC of an offense not

punishable by death, reclusion perpetua or life
imprisonment (Sec. 4, Rule 114); and

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 33 | P a g e L A W Y E R S I N T H E M A K I N G FROM ST. MARY’S COLLEGE OF TAGUM, INC. COLLEGE OF LAW

(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
RULE 115 subject matter, the adverse party having the
Rights of Accused opportunity to cross-examine him.

What are the Rights of the Accused at the Trial? (g) To have compulsory process issued to
secure the attendance of witnesses and
(1) Right to be presumed innocent; production of other evidence in his behalf.
(2) Right to be informed;
(3) Right to be present and defend himself at every stage (h) To have speedy, impartial and public trial.
of the proceeding;
(4) Right to testify as a witness in his own behalf; (i) To appeal in all cases allowed and in the
(5) Right to be exempt from being compelled to be a manner prescribed by law. (a)
witness against himself;
(6) Right to confront and cross-examine the witnesses
against him; NOTE:
(7) Right to have compulsory process to secure the  These rights are available in custodial investigation
attendance of witnesses and production of other and during trial.
evidence in his behalf’
(8) Right to a Speedy, Impartial and Public Trial; and
 RIGHT TO BE PRESUMED INNOCENT
(9) Right to Appeal in all cases allowed by law.
o “Guilt beyond reasonable doubt” means that there
is moral certainty or peace of mind that the
Section 1. Rights of accused at the trial. — In all criminal evidence submitted in the court proves that the
prosecutions, the accused shall be entitled to the following accused has committed a crime.
rights: o People vs. Cantalejo – while the law enforcers
enjoy the presumption of regularity in the
performance of their duties, this presumption

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cannot prevail Byover the constitutional rights of ORDINARY WITNESS ACCUSED AS A

the accused to be presumed innocent and it cannot, WITNESS
by itself, constitute proof of guilt beyond May be compelled to May refuse to testify.
reasonable doubt. The presumption of regularity is testify.
merely just that – a mere presumption disputable Can claim right against May refuse to answer on
by contrary proof and which, when challenged by self- incrimination. the ground of self-
evidence, cannot be regarded as binding truth. incrimination.
o The Equipoise Doctrine refers to a situation where Can be cross-examined. Cannot be compelled to be
the evidence of the parties is evenly balanced, or cross-examined.
there is doubt on which side the evidence
preponderates (or weighs more heavily)(Rivera v. o What if the accused refuses to testify? His
Court of Appeals,G.R. No. 115625, January 23, refusal will not be used against him.
1998). XPN:
o If evidences are both balance or equal, there is  When the prosecution has already
reasonable doubt, thus, the accused must be established a prima facie case and that the
acquitted. The presumption of innocence is not alibi of the accused is not believable.
overcomed.  Accused’s alibi is not convincing.
o General Rule: There is presumption of innocence. o What if the prosecution already has sufficient
o XPN: evidence without the accused’s testifying?
a) In cases of self-defense; Prosecution can file Demurrer to evidence.
b) By legislative enactment. People vs. Mimoa -
Legislature may shift the burden of proof. (ex.  RIGHT AGAINST SELF-INCRIMINATION
Failure to explain possession of stolen property.) o Covers only testimonial compulsion – thus,
accused cannot be forced to testify against
 RIGHT TO BE INFORMED: himself.
o Purpose: To be able to prepare and establish his XPN:
intelligible defense to protect his rights and  Immunity statute or privilege – Even if the
interests. accused will testify against himself he will
o Must be stated with sufficient clarity not be liable. (ex.: Senate hearings where
o Right to be informed of the nature and cause of witness testifies)
the information CANNOT BE WAIVED.  Section 17, Ombudsman Act of 1979 –
o People vs. Noqui – convicted for the crime of Ombudsman can grant immunity to the
witnesses to testify on matters.
selling Shabu – he appealed his conviction and
 Section 11, Art. 6. 1987 Constitution –
claimed that his right to be informed of the
Senators who are immune from arrest.
nature and cause against him were violated. He
 These immunity statutes are available for the
was allegedly selling shabu but was alleged in
State to prosecute offenders. (ex. Witness
court was a different drug ephedrine. Is his
Protection Program)
rights violated? NO. The information filed was
 Two (2) kinds of immunity:
for the illegal sale and regulation of illegal drugs
1. Transactional Immunity
which covers either ephedrine or shabu. It does
not alter the nature of the offense which means  “Blanket Immunity” or “Total
that the offense charged against him already Immunity”
covers his offense regardless of the discrepancy  Any evidence cannot be used against
of the description of the drug. him.
2. Derivative Used Immunity.
 RIGHT BE PRESENT DURING TRIAL:  GR: The witness may be compelled to
o Due to the COVID pandemic, can the accused be testify and such testimony cannot be
deprived of such right? NO. used in subsequent prosecutions.
o Can this right be waived? YES.  XPN: If there are other evidences, that
(ex.: Accused applies for bail, notified for testimony can still be used against
hearing but didn’t appear and fled away to him.
another country. His right to be present during o Beltran vs. Samson – writing is not purely
trial is deemed waived.) mechanical, it requires intelligence. Thus, if the
o Effects of waiver: accused refuses to sign it is covered in the right
1. Accused is waiving his right to present to self-incrimination.
evidence; o Is Right to Self-Incrimination waivable? YES.
2. The prosecution can present evidence (in If he fails to invoke such right after the
absentia) despite the presence of the prosecutions questions.
accused;
3. The court can also decide the case despite  RIGHT TO CONFRONT AND CROSS-EXAMIN
absence of evidence of the accused. WITNESSES AGAINST HIM
4. If the accused without reason fails to appear o It is essential to test the accuracy, expose
on promulgation, he waives all right to falsehoods or half-truths, uncover rehearsed
appeal. examination and demonstrate inconsistencies.
(People vs. Ortillas)
 RIGHT TO TESTIFY AS A WITNESS: o Waiver may occur when the party fails to cross-
examine the witnesses against him despite the
opportunity to do so. (Vertudes vs. Buenaflor)

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o Under the present rule (Section. 3 [e], Rule 112]

The right to confront does not apply in Preliminary
Investigations.
o When the adverse party is deprived of the right to
cross-examin, said affidavits may be rejected for
being “hearsay”. (Estrella vs. Robles, Jr.)
o In the absence of a cross-examination, the direct
examination of the witness should be expunged
from the records. If the witness is the lone witness,
the trial court would not have a basis to deny a
demurrer to evidence. (People vs. Ortillas)
o If one is deprived of the opportunity to cross
examine without fault on his part, it is generally
held that he is entitled to have the direct
examination stricken from the record. (People vs.
Seneris)

 RIGHT TO COMPULSORY PROCESS

o This right may be invoked by the accused to secure
the attendance of witnesses and the production of
witnesses in his behalf. This is a constitutional
right embodied in Sec. 14 (2), Art. III, of the Bill
of Rights.
o In connection with this right, the accused may
move the court for the issueance of a subpoena ad
testificandum or a subpoena duces tecum pursuant
to the provisions of Rule 21 of the ROC.
o In case of the unjustified failure of the witnesses to
comply, 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. (Sec. 8, Rule 21, ROC)

 RIGHT TO APPEAL
o In all criminal prosecutions, the accused shall have
the right to appeal in the manner prescribed by law.
An appeal is an essential part of the judicial system
and trial courts have been advised by the Court to
proceed with caution so as not to deprive a party of
the right to appeal.
o Trial courts have likewise been instructed to afford
the litigants the amplest opportunity for the proper
and just disposition of his cause, freed from the
constraints of technicalities.
o The right to appeal is statutory Its suppression
would be a violation of Due Process (Hilario vs.
People)

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

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prosecution may call at the trial witnesses other GR: (When is Arraignment done?) Arraignment shall be
than those named in the complaint or made within 30 days from the date the court acquires
information. jurisdiction over the person of the accused [Sec. 1 (g),
Rule 116].
(b) The accused must be present at the
arraignment and must personally enter his plea. XPNs:
Both arraignment and plea shall be made of
record, but failure to do so shall not affect the 1) When an accused is under preventive detention, his
validity of the proceedings. case should be raffled within 3 days from filing and
accused shall be arraigned within 10 days from receipt
(c) When the accused refuses to plead or makes a by the judge of the records of the case (RA 8493
conditional plea, a plea of not guilty shall be Speedy Trial Act);
entered for him. (1a) 2) Where the complainant is about to depart from the
Philippines with no definite date of return, the accused
(d) When the accused pleads guilty but presents should be arraigned without delay;
exculpatory evidence, his plea shall be deemed 3) Cases under RA 7610 (Child Abuse Act), the trial
withdrawn and a plea of not guilty shall be shall be commenced within 3 days from arraignment;
entered for him. (n) 4) Cases under the Dangerous Drugs Act; and
5) Cases under SC AO 104-96 i.e. heinous crimes,
(e) When the accused is under preventive violations of the Intellectual Property Rights law,
detention, his case shall be raffled and its records these cases must be tried continuously until terminated
transmitted to the judge to whom the case was within 60 days from commencement of the trial and to
raffled within three (3) days from the filing of be decided within 30 days from the submission of the
the information or complaint. The accused shall case.
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 Procedure of arraignment
arraignment. (n)
1) It must be in open court where the complaint or
(f) The private offended party shall be required information has been filed or assigned for trial;
to appear at the arraignment for purposes of plea 2) By the judge or clerk of court;
bargaining, determination of civil liability, and 3) By furnishing the accused with a copy of the
other matters requiring his presence. In case of complaint or information;
failure of the offended party to appear despite 4) Reading it in a language or dialect known to the
due notice, the court may allow the accused to accused (People v. AlbertG.R. No. 114001 December
enter a plea of guilty to a lesser offense which is 11, 1995);
necessarily included in the offense charged with 5) Asking accused whether he pleads guilty or not guilty
the conformity of the trial prosecutor alone. (cir. (Sec.1(a), Rule 116); and
1-89)
6) Both arraignment and plea shall be made of record but
failure to enter of record shall not affect the validity of
(g) Unless a shorter period is provided by special the proceedings [Sec. 1(b), Rule 116].
law or Supreme Court circular, the arraignment
shall be held within thirty (30) days from the
 The accused must be arraigned before the court where
date the court acquires jurisdiction over the
the complaint or information was filed or assigned for
person of the accused. The time of the pendency
trial [Sec. 1 (a), Rule 116].
of a motion to quash or for a bill of particulars or
 The accused cannot waive the reading of the
other causes justifying suspension of the
information to him and just enter his plea because it is
arraignment shall be excluded in computing the
constitutionally required.
period. (sec. 2, cir. 38-98)
 Accused is presumed to have been validly arraigned in
the absence of proof to the contrary.
 It is the formal mode of implementing the
constitutional right of the accused to be informed of
Options of the accused before arraignment and plea:
the nature of the accusation against him (People v.
Pangilinan, G.R. No. 171020, March 14, 2007).
 Arraignment is the proceeding in a criminal case, 1) Bill of particulars;
whose object is to fix the identity of the accused, to 2) Suspension of arraignment;
inform him of the charge and to give him an 3) Motion to Quash; or
opportunity to plead, or to obtain from the accused his 4) Challenge the validity of arrest or legality of the
answer, in other words, his plea to the information. warrant issued or assail the regularity or question the
 Arraignment is an indispensable requirement of due absence of preliminary investigation of the charge.
process.
NOTE:
Period of arraignment

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 The principle that the accused is precluded from Right to counsel de officio
questioning the legality of the arrest after arraignment
is true only if he voluntarily enters his plea and  While the right to be represented by counsel is
participates during trial, without previously invoking immutable, the option to secure the services of counsel
his objections thereto. de parte, however, is not. The court may restrict the
 The arraignment of the accused constitutes a waiver of accused’s option to retain a counsel de parte if the
the right to preliminary investigation or accused insists on an attorney he cannot afford, or
reinvestigation. chooses a counsel who is not a member of the bar, or
when the attorney declines to represent the accused for
Absence of arraignment a valid reason, such as conflict of interests (People v.
Servo, G.R. No. 119217, January 19, 2000).
GR: Judgment is void if accused has not been validly
arraigned. WHEN SHOULD PLEA OF NOT GUILTY BE
ENTERED
XPN: If accused went into trial without being arraigned,
the procedural defect was cured. The active participation A plea of not guilty shall be entered:
in hearing is a clear indication that the accused is fully
aware of the charges against him (People v. Pangilina, 1) When the accused so pleaded;
G.R. No. 171020, March 14, 2007). 2) When he refuses to plead [Sec. 1(c), Rule 116];
3) When he enters a conditional plea of guilty [Sec.
NOTE: If the accused has not been arraigned, he cannot 1(c), Rule 116];
be tried in absentia(Sec. 14(2), Art. III, 1987
Constitution). NOTE: A plea of guilt subject to a proviso that a
certain penalty be imposed upon the accused, is
Presence of the accused during arraignment equivalent to a plea of not guilty and would,
therefore require a fullblown trial (People vs. Magat,
 The accused must be present at the arraignment and G.R. No. 130026, May 31, 2000).
personally enter his plea [Section 1(b), Rule 116].
Counsel cannot enter plea for the accused. 4) Where after a plea of guilty but presents exculpatory
 People vs. Pangilinan – The accused was not circumstances, his plea shall be deemed withdrawn
arraigned, however, participated fully in the and a plea of not guilty shall be entered for him [Sec.
proceedings. He later on realized that he was not 1(d), Rule 116]; or
arraigned. SC ruled that the accused did not question 5) When the plea is indefinite or ambiguous
during the trial the lack of arraignment and he was
able to fully participate, he is not said to be prejudiced. Section 2. Plea of guilty to a lesser offense. — At
SC ruled he had waived his right for actively arraignment, the accused, with the consent of the offended
participating in the proceedings. party and the prosecutor, may be allowed by the trial court
to plead guilty to a lesser offense which is necessarily
NOTE: included in the offense charged. After arraignment but
before trial, the accused may still be allowed to plead
 Both arraignment and plea shall be made in record but guilty to said lesser offense after withdrawing his plea of
failure to do so shall not affect the validity of the not guilty. No amendment of the complaint or information
proceedings [Sec. 1 (b), Rule 116]. is necessary. (sec. 4, circ. 38-98)
 Arraignment vs. Plea? Arraignment is the reading of
the charge against him; whereas , Plea is where the What is Plea Bargaining?
accused replies whether or nor he is guilty or not
guilty.  Plea bargaining in criminal cases is a process whereby
the accused and the prosecution work a mutually
Presence of the offended party during arraignment satisfactory disposition of the case subject to court
approval. It usually involves the defendant’s pleading
 The private offended party shall be required to appear guilty to a lesser offense or to only one or some of the
in the arraignment for the following purposes: counts of a multi-count indictment in return for a
1) Plea bargaining; lighter sentence than that for the graver charge (Daan
2) Determination of civil liability; and v. Sandiganbayan G.R. No. 163972-77, March 28,
2008).
3) Other matters requiring his presence [Sec. 1(f),
Rule 116]
Note:
NOTE:
 It is to be noted that the decision to accept or reject a
pleabargaining agreement is within the sound
 In case the offended party fails to appear despite due discretion of the court subject to certain requirements
notice, the court may allow the accused to enter a plea of statutes or rules [Amante-Descallar v. Judge Ramas,
of guilty to a lesser offense which is necessarily A.M No. RTJ08-2142 (OCA-IPI No. 08-2779-RTJ),
included in the offense charged with the conformity of March 20, 2009].
the trial prosecutor alone [Section 1(f), Rule 116].

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WHEN MAY ACCUSED ENTER A PLEA OF ACCUSED PLEADS GUILTY TO A CAPITAL

GUILTY TO A LESSER OFFENSE OFFENSE, WHAT THE COURT SHOULD DO

 The accused, with the consent of the offended party Duty of the court after the accused pleads guilty to a
and the prosecutor, may plead guilty to a lesser capital offense
offense which is necessarily included in the offense
charged (Sec. 2, Rule 116).  When the accused pleads guilty to a capital offense,
the court shall:
Requisites for a plea of guilty to a lesser offense 1) Conduct a searching inquiry into the:
a. Voluntariness of the plea, and
1) The lesser offense is necessarily included in the b. Full comprehension of the consequences of
offense charged; and the plea;
2) Require the prosecution to prove guilt and the
NOTE: It is necessarily included when some of precise degree of his culpability; and
the essential elements or ingredients of the crime 3) Ask the accused if he desires to present evidence
charge constitute the lesser offense and vice versa.
in his behalf and allow him to do so if he desires.
2) The plea must be with the consent of both the
NOTE:
offended party and the prosecutor. (Sec. 2, Rule
116 Rules of Court) Consent of the offended party
will not be required if said party, despite due  The defendant after pleading guilty may not present
notice, fails to appear during arraignment (Riano, evidence as would exonerate him completely from
2011). criminal liability such as proof of self-defense.
 This procedure is mandatory, and a judge who fails to
Note: observe it commits grave abuse of discretion. The
reason for this strictness is to assure that the State
makes no mistake in taking life except the life of the
 The rule uses the word may in Sec. 2 Rule 116, guilty (People v. Diaz, G.R. No. 119073, March 13,
denoting an exercise of discretion upon the trial court 1996).
on whether to alow the accused to make such plea  People vs. Basa, 51 S 317 – Why is Searching
(Daan vs Sandiganybayan, G.R. Nos. 163972-77, Questions in plea in Capital offenses important? To
March 28, 2008). review. An exercise of Caution.

Q: May the accused enter a plea of guilty to a lower SEARCHING INQUIRY

offense? [MEMORIZE]
Purpose of searching inquiry
A: YES.
 To determine whether the plea of guilty was made
1) During arraignment a. If the offended party is present, voluntarily and whether the accused understood fully
the latter must consent with the prosecutor to the plea; the consequence of his plea.
and b. That the lesser offense is necessarily included
in the offense charged.
Duty of the judge in conducting searching inquiry
2) After arraignment but before trial, provided the [MEMORIZE]
following requisites are present:
 The judge must convince himself that:
a. The plea of guilty is withdrawn;
1) The accused is entering the plea voluntarily and
b. The plea of not guilty and the withdrawal of the
intelligently;
previous guilty plea shall be made before trial;
2) There exists a rational basis for finding of guilt
c. The lesser offense is necessarily included in the
based on accused’s testimony; and
offense charged; and
3) Inform the accused of the exact length of
d. The plea must have the consent of the prosecutor
imprisonment and the certainty that he will serve
and the offended party(Sec. 2, Rule 116).
it in a national penitentiary.
NOTE: No amendment of complaint or information is
necessary(Sec. 2, Rule 116). A conviction under this IMPROVIDENT PLEA
plea shall be equivalent to a conviction of the offense
charged for purposes of double jeopardy (People v.  It is a plea without information as to all the
Magat, G.R. No. 130026, May 31, 2000). circumstances affecting it. It is based upon a mistaken
assumption or misleading information or advice.
e. During Pre-trial- Under Sec. 1(a), Rule 118, Plea- (Black’s Law Dictionary)
bargaining is one of the matters to be considered.  “gihimo pero namali diay siya pag admit.”
f. After prosecution rests – Allowed only when the  If it is an Improvident Plea, it can be withdrawn.
prosecution does not have sufficient evidence to  When the judgment becomes final, the accused has
establish guilt for the crime charged. FIFTEEN (15) DAYS to change his plea.

 Instances of improvident plea:

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1) Plea of guilty was compelled by violence or discretion. The decision to suspend arraignment to
intimidation; await the resolution of an appeal with the Secretary of
2) The accused did not fully understand the meaning Justice is an exercise of such discretion (Solar Team
and consequences of his plea; Entertainment Inc., v. How, G.R. No. 140863,
August 22, 2000).
3) Insufficient information to sustain conviction of
the offense charged;
4) Information does not charge an offense; or Section 3.  Plea of guilty to capital offense; reception of
evidence. — When the accused pleads guilty to a capital
5) Court has no jurisdiction. offense, the court shall conduct a searching inquiry into
the voluntariness and full comprehension of the
Period to withdraw an improvident plea consequences of his plea and require the prosecution to
prove his guilt and the precise degree of culpability. The
 The court may permit an improvident plea of guilty to accused may present evidence in his behalf. (3a)
be withdrawn, at any time before the judgment of
conviction becomes final, and be substituted by a plea Section 4. Plea of guilty to non-capital offense; reception
of not guilty. (Sec. 5, Rule 116) of evidence, discretionary. — When the accused pleads
 NOTE: The withdrawal of a plea of guilty at any time guilty to a non-capital offense, the court may receive
before judgment is not a matter of strict right to the evidence from the parties to determine the penalty to be
accused but of sound discretion to the trial court (Sec. imposed. (4)
5, Rule 116; People v. Lambino, G.R. No. L-10875,
April 28, 1958). Section 5. Withdrawal of improvident plea of guilty. —
 The reason for this is that trial has already begun and At any time before the judgment of conviction becomes
the withdrawal of the plea will change the theory of final, the court may permit an improvident plea of guilty
the case and put all past proceedings to waste. to be withdrawn and be substituted by a plea of not guilty.
Moreover, at this point, there is a presumption that the (5)
plea was made voluntarily.
Section 6. Duty of court to inform accused of his right to
Effect of withdrawal of improvident plea counsel. — Before arraignment, the court shall inform the
accused of his right to counsel and ask him if he desires to
 The court shall set aside the judgment of conviction have one. Unless the accused is allowed to defend himself
and re-open the case for new trial. in person or has employed a counsel of his choice, the
 NOTE: Convictions based on an improvident plea of court must assign a counsel de oficio to defend him. (6a)
guilt are set aside only if such plea is the sole basis of
the judgment (People v. Documento, G.R. No. Section 7. Appointment of counsel de oficio. — The court,
188706, March 17, 2010). 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
GROUNDS FOR SUSPENSION OF competently defend the accused. But in localities where
ARRAIGNMENT 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. (7a)
 Upon motion by the proper party, the arraignment
shall be suspended in the following cases:
Section 8. Time for counsel de oficio to prepare for
1) The accused appears to be suffering from an
arraignment. — Whenever a counsel de oficio is
unsound mental condition which effectively appointed by the court to defend the accused at the
renders him unable to fully understand the charge
arraignment, he shall be given a reasonable time to
against him and to plead intelligently thereto; consult with the accused as to his plea before proceeding
2) There exists a valid prejudicial question; with the arraignment. (8)
3) A petition for review of the resolution of the
prosecutor is pending at the Department of Justice Section 9. Bill of particulars. — The accused may, before
or the Office of the President (Sec. 11, Rule 116); arraignment, move for a bill of particulars to enable him
and properly to plead and to prepare for trial. The motion shall
4) There are pending incidents such as: specify the alleged defects of the complaint or information
a. Motion to Quash; and the details desired. (10a)
b. Motion for Inhibition; or
c. Motion for Bill of Particulars. Section 10. Production or inspection of material evidence
in possession of prosecution. — Upon motion of the
NOTE: 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
 The period of suspension shall not exceed sixty (60) produce and permit the inspection and copying or
days counted from the filing of the petition with the photographing of any written statement given by the
reviewing office (Sec. 11, Rule 116). complainant and other witnesses in any investigation of
 Procedurally speaking, after the filing of the the offense conducted by the prosecution or other
information, the court is in complete control of the investigating officers, as well as any designated
case and any disposition therein is subject to its sound documents, papers, books, accounts, letters, photographs,

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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. (11a)

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. (12a)

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dismiss the case if the information is not sufficient or

on any ground provided by law, or to dismiss the
information for a different one.

Section 2. Form and contents. — The motion to quash (1)

shall be in writing, (2) signed by the accused or his
counsel and (3) 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. (2a)

The motion to quash shall be:

1) In writing;
2) Signed by the accused or his counsel; and
3) Specify distinctly the factual and legal grounds
on which it is based (Sec. 2, Rule 117).

Section 3. Grounds. — The accused may move to quash

RULE 117 the complaint or information on any of the following
Motion to Quash grounds: [MEMORIZE]

Section 1. Time to move to quash. — At any time before (a) That the facts charged do not constitute an offense;
entering his plea, the accused may move to quash the
complaint or information. (1)
 It is fundamental that the complaint or information
must state every fact necessary to make out an offense
Can the Court initiate a Motion to Quash? for the Constitution guarantees that in all criminal
 No, only the accused can initiate a Motion to prosecutions the accused should be informed of the
Quashed. nature and cause of the accusation against him [Sec.
14 (2) Art. III, 1987 Constitution].
Purpose of motion to quash
 The designated purpose of a motion to quash is to Amendment of complaint or information
assail the validity of the criminal information for
defects or defenses apparent on the face of the
information (Galzole y Soriaga v. Briones and People,  If the motion to quash is based on the ground that the
G.R. No. 164682, September 14, 2001). facts charged do not constitute an offense, the
prosecution shall be given by the court an opportunity
NOTE: to correct the defect by amendment. However, if the
 A motion to quash based on double jeopardy or prosecution fails to make the amendment, or the
extinction of the criminal action or liability, may, by complaint or information still suffers from the same
their nature, be based on matters outside of the defect despite the amendment, the motion shall be
allegations of the information or complaint (Riano, granted.
2016)
Resolution of a motion to quash based on the ground
Period to file motion to quash an information or that the facts charged do not constitute an offense
complaint  GR: A motion to quash on the ground that the
 GR: At any time before entering his plea, the accused allegations of the information do not constitute the
may move to quash the complaint or information (Sec. offense charged, or any offense for that matter, should
1, Rule 117). be resolved on the basis alone of said allegations
 XPN: Instances where a motion to quash may be filed whose truth and veracity are hypothetically admitted.
after entering plea:  XP: Additional facts not alleged in the information,
but admitted or not denied by the prosecution may be
1) The facts charged do not constitute an offense; invoked in support of the motion to quash (People v.
Navarro, 75 Phil. 561).
2) Lack of jurisdiction over the offense charged;
3) The criminal action or liability has been
(b) That the court trying the case has no jurisdiction over
extinguished; and
the offense charged;
4) Double Jeopardy (Sec. 9, Rule 117)

NOTE:  If the trial court has no jurisdiction, but the case was
tried and decided upon the theory that it had
 These grounds may be invoked at any stage of the
jurisdiction, the parties are not barred, on appeal, from
proceedings.
assailing such jurisdiction, for the same must exist as a
matter of law, and may not be conferred by consent of
Who may file?
the parties or by estoppel.
 The right to file a motion to quash belongs only to the
 Jurisdiction over the offense charged may also be
accused. The court is not authorized to motu proprio
considered as jurisdiction over the subject matter,
initiate a motion to quash by issuing an order requiring
which is the power to adjudge concerning the general
an explanation why the information should not be
question involved (Herrera v. Barreto, GR. No. 8692,
quashed. The court, though, has the discretion to
September 10, 1913)

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(c) That the court trying the case has no jurisdiction over Instances where there is an unauthorized filing of
the person of the accused; information
1) Officer filing is irregularly appointed. It does not
 Jurisdiction over the person is that acquired by the necessarily invalidate the information if such
voluntary appearance of a party in court and his officer may be considered de facto;
submission to its authority, or by the coercive power 2) Officer is disqualified from appointment to such
of legal process exerted over the person through an position. The information is invalid and the court
arrest. Unlike jurisdiction over the subject matter and does not acquire jurisdiction to try the accused
territory, jurisdiction over the person of the accused thereon (Villa vs. Banez, G.R. No. L-4313, March
may be waived, either expressly or by implication. 20, 1951);
3) Officer filed the information without the approval
NOTE: by the head or Chief prosecutor (Sec. 4, Rule
 Where a court has jurisdiction of the offense or subject 112); and
matter, the objection that it has no jurisdiction of the 4) Information is filed without the complaint in cases
person of the accused may be waived. One who involving private crimes.
desires to object to the jurisdiction of the court over
his person must appear in court for that purpose only, NOTE:
and if he raises other questions, he waives the  An infirmity in the information caused by the lack of
objection (Layosa v. Rodriguez, G.R. No. L46080, authority of the officer signing it cannot be cured by
November 10, 1978, citing 22 C.J.S., 1961 Ed. p. silence, acquiescence, or even by express consent. An
418). invalid information is no information at all. No
criminal proceeding may prosper therefrom, thus, it is
Test of the court’s jurisdiction subject to quashal(Romualdez vs. Sandiganbayan,
 GR: What determines the jurisdiction of the court in G.R. Nos. 143618-41, July 30, 2002).
criminal cases is the extent of the penalty whichthe  Despite a certification which provides that the filing of
law imposes on the misdemeanor, crime or violation the information by the assistant city prosecutor is with
of law charged. the prior authority and approval of the city prosecutor,
 XPNs: the information is defective because of the absence of
1) Jurisdiction of the Sandiganbayan which is not any proof clearly showing that the assistant city
based on the penalty provided by law, but on the prosecutor had any authority to file the information on
salary grade of the public official; his own or did seek the prior written approval from
2) Libel, which is within the exclusive jurisdiction of those authorized to do so before filing the Information
the RTC although the imposable penalty does not before the RTC (Quisay v. People, G.R. No. 216920,
exceed 6 years January 13, 2016).
3) Those offenses cognizable by the family court
where the determining factor is the minority of
any of the parties; and (e) That it does not conform substantially to the
4) The offense of slight physical injuries is prescribed form;
cognizable by the first level courts, but where the
victim is a minor, the case is to be filed in the  Lack of substantial compliance with the requirements
RTC. for a good complaint or information required under
Secs. 3 to 13, Rule 110 renders the accusatory
Lack of jurisdiction over the territory pleading quashable.

 In criminal proceedings, no one should be held to NOTE:

answer for any crime committed by him except in the  But mere defects in matters of form may be cured by
jurisdiction where it was committed. amendment.(Sec.4 , Rule 117)

(d) That the officer who filed the information had no

authority to do so; (f) That more than one offense is charged except when a
single punishment for various offenses is prescribed by
 Criminal prosecutions are brought by authority law;
of the sovereign, and, therefore, only the officers
possessed of legal power to do so must be allowed to  A complaint or information must charge only one
file criminal information. offense, except when the law prescribes a single
punishment for various offenses (Sec. 13, Rule 110).
NOTE:
 The law invests the authority to file and prosecute (g) That the criminal action or liability has been
criminal cases to the following: a. Provincial fiscals extinguished [Article 89, RPC];
and their assistants (Sec. 1686, Revised
Administrative Code); b. Chief State Prosecutor and  Under Art. 89 of the RPC, criminal liability is totally
his deputies; c. Tanodbayan and his deputies in special extinguished by:
cases (PD 1607); A lawyer appointed by the Secretary 1) The death of the convict, as to the personal
of Justice (Sec. 1686, Revised Administrative Code). penalties; and as to pecuniary penalties, liability
therefor is extinguished only when the death of
the offender occurs before final judgment;

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 43 | P a g e L A W Y E R S I N T H E M A K I N G FROM ST. MARY’S COLLEGE OF TAGUM, INC. COLLEGE OF LAW

should commit another crime before the expiration of

NOTE: The death of the offended party before the period of prescription (Art.93, RPC).
final conviction will not abate prosecution where
the offense charged is one against the State (h) That it contains averments which, if true, would
involving peace and order as well as in private constitute a legal excuse or justification; and
crimes (People v. Misola, G.R. No. L-3606,
December 29, 1950).
 Only exempting circumstances constitute a legal
excuse or justification. Justifying circumstances such
2) Service of the sentence; as self-defense must be proven.
3) Amnesty, which completely extinguishes the
penalty and all its effects; (i) That the accused has been previously convicted or
4) Absolute pardon; acquitted of the offense charged, or the case against him
5) Prescription of the crime; was dismissed or otherwise terminated without his
6) Prescription of the penalty; express consent. (3a)
7) The marriage of the offended woman, as provided
in Article 344 of the Revised Penal Code; and  The right against double jeopardy prohibits the
8) By Pardon or express consent of the offended prosecution for a crime of which he has been
party to the accused in some private crimes in Art. previously convicted or acquitted.
344 of the Revised Penal Code.
NOTE: The enumeration is exclusive.
Pardon Amnesty
Granted by the Chief Proclaimed by the SUMMARY:
Executive. President, but it has to
be with the concurrence What are the Grounds that the accused may move to
of Congress. quash the complaint or information?
It is a private act which It is a public act which
must be pleaded and the courts have to take a) That the facts charged do not constitute an
offense;
proved by the person judicial notice of.
b) That the court trying the case has no jurisdiction
pardoned because the over the offense charged;
courts take no notice of c) That the court trying the case has no jurisdiction
it. over the person of the accused;
Granted to one after Granted to classes of d) That the officer who filed the information had no
conviction. persons or communities authority to do so;
e) That it does not conform substantially to the
who may be guilty of
prescribed form;
political offenses, f) That more than one offense is charged except
generally before or after when a single punishment for various offenses is
the institution of the prescribed by law;
criminal prosecution and g) That the criminal action or liability has been
sometimes after extinguished;
h) That it contains averments which, if true, would
conviction.
constitute a legal excuse or justification; and
i) That the accused has been previously convicted
Computation of prescription of offenses
or acquitted of the offense charged, or the case
 The period of prescription shall commence to run from against him was dismissed or otherwise
the day on which the crime is discovered by the terminated without his express consent.
offended party, the authorities, or their agents, and
shall be interrupted by the filing of the complaint or
information, and shall commence to run again when Effect of failure to move to quash or to allege any
such proceedings terminate without the accused being grounds therefor
convicted or acquitted, or are unjustifiably stopped for
any reason not imputable to him. The term of GR: The failure of the accused to assert any ground of a
prescription does not run when the offender is absent motion to quash before he pleads to the complaint or
from the Philippines (Art. 91, RPC). information shall be deemed a waiver of any objections.

Prescription of the penalty XPNs:

 The loss of right to demand the service of the penalty
imposed. 1) The facts charged do not constitute an offense;
2) Lack of jurisdiction over the offense charged;
Rule on the period of prescription of penalties 3) Extinguishment of criminal action or liability;
 The period of prescription of penalties shall and
commence to run from the date when the culprit 4) Double Jeopardy (Sec. 9, Rule 117)
should evade the service of his sentence and it shall be
interrupted if the defendant should give himself up, be
captured, should go to some foreign country with
which the government has no extradition treaty, or

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 44 | P a g e L A W Y E R S I N T H E M A K I N G FROM ST. MARY’S COLLEGE OF TAGUM, INC. COLLEGE OF LAW

Motion to quash Demurrer to evidence GR: It is interlocutory and not appealable. Certiorari and
Filed before the defendant Filed after the prosecution prohibition are not the correct remedies against an order
enters his plea. has rested its case. denying a motion to quash. The defendant should instead
Does not go into the merits Based on the ground of go to trial and raise the special defense he had invoked in
of the case but is anchored insufficiency of evidence his motion. And if after trial on the merits, an adverse
on matters not directly adduced by the prosecution decision is rendered, remedy is to appeal in the manner
related to the question of in support of the accusation authorized by law (Bulaong v. CA, G.R. No. 78555,
guilt or innocence of the January 30, 1990).
accused.
Governed by Rule 117 of Governed by Rule 119 of XPNs:
the Rules of Court the Rules of Court.
Does not require a prior May be filed by the 1) The act has ceased to be an offense;
leave of court. accused either with leave or
2) When intervention by higher court is required for
without leave of court
the orderly administration of justice or in the
When it is granted, An order granting the
interest of both the accused and the public;
dismissal of the case will demurrer to evidence
not necessarily follow. The operates as an acquittal. 3) It is unfair and unjust to make the accused go to
court may even order the Any subsequent trial;
filing of a new complaint prosecution of the same 4) When the circumstances warrant that
or information because an offense would tantamount technicalities of procedure should be set aside;
order sustaining the motion to double jeopardy (People and
is generally not a bar to vs. Laguio, G.R. No. 5) If the court denying the motion to quash acted
another prosecution (Sec. 128587, March 16, 2007). without or in excess of jurisdiction or with grave
5-6, Rule 116). abuse of discretion.

Section 6. Order sustaining the motion to quash not a bar

to another prosecution; exception. — An order sustaining
Section 4. Amendment of the complaint or information. — the motion to quash is not a bar to another prosecution for
If the motion to quash is based on an alleged defect of the the same offense unless the motion was based on the
complaint or information which can be cured by grounds specified in section 3 (g) and (i) of this Rule. (6a)
amendment, the court shall order that an amendment be
made. (4a)  GR: When the Motion to Quash is Granted, it is not a
bar to file another complaint or information.
If it is based on the ground that the facts charged do not  XPN: Unless, the ground for the MTQ is Section 3(g)
constitute an offense, the prosecution shall be given by the and (i) of Rule 117.
court an opportunity to correct the defect by amendment.
The motion shall be granted if the prosecution fails to Effects of Sustaining the Motion to Quash
make the amendment, or the complaint or information still
suffers from the same defect despite the amendment. (n) 1) If the motion to quash is sustained, the court may
order that another complaint or information be filed
Section 5. Effect of sustaining the motion to quash. — If except when the motion was based on the extinction of
the motion to quash is sustained, the court may order that criminal action or liability or when it is based on
another complaint or information be filed except as double jeopardy, as provided in Section 6 of Rule 117.
provided in section 6 of this rule. If the order is made, the
accused, if in custody, shall not be discharged unless a. If the order is made, the accused, if in custody,
admitted to bail. If no order is made or if having been shall not be discharged unless admitted to bail.
made, no new information is filed within the time b. If no order is made, or if having been made, no
specified in the order or within such further time as the new information is filed within the time specified
court may allow for good cause, the accused, if in in the order or within such further time as the
custody, shall be discharged unless he is also in custody court may allow for good cause, the accused, if in
for another charge. (5a) custody, shall be discharged unless he is also in
custody for another charge (Sec. 5, Rule 117).
Procedure when motion to quash is denied
When the motion to quash is denied, the accused should: 2) If the motion to quash is sustained upon any of the
1) Plead; following grounds, the court must state, in its order
2) Go to trial without prejudice to the special granting the motion, the release of the accused if he is
defenses he invoked in the motion; and in custody, or the cancellation of his bond if he is out
3) Appeal from the judgment of conviction, if any, on bail:
and interpose the denial of the motion as an
error. a. That a criminal action or liability has been
extinguished;
Q: Is the order denying the motion to quash b. That it contains averments which, if true, would
appealable? constitute a legal excuse or justification; or
c. That the accused has been previously convicted or
Answer: NO. acquitted of the offense charged.

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 45 | P a g e L A W Y E R S I N T H E M A K I N G FROM ST. MARY’S COLLEGE OF TAGUM, INC. COLLEGE OF LAW

3) If the ground upon which the motion to quash was 1) No person shall be put twice in jeopardy for the
sustained is that the court has no jurisdiction over the same offense.
offense charged, the better practice is for the court to 2) When the act punished by a law and an
remand or forward the case to the proper court, not to ordinance, conviction or acquittal under either
quash the complaint or information. shall be a bar to another prosecution for the same
act (Sec. 21, Art. III, 1987 Constitution).
4) If the motion is based on any of the following
grounds: Elements of Double Jeopardy
1) Conviction or acquittal, or dismissal was made
a. That the facts charged do not constitute an without the consent of the accused;
offense; 2) Conviction or acquittal, or dismissal was made by a
b. That the officer who filed the information had no court of competent jurisdiction;
authority to do so; 3) A valid information sufficient in form and substance
c. That it does not conform substantially to the to sustain a conviction of the crime charged;
prescribed form; or 4) Accused enters a valid plea; and
d. That more than one offense is charged. 5) The subsequent prosecution is for an offense which is:
a. The same as in the former complaint or
NOTE: information;
 The court should order the prosecution to file another b. Frustration of; or
information or an amendment thereof, as the case may c. For any offense which is necessarily included in
be, with a definite period, the order further stating that the offense charged in the former complaint or
in case of failure to comply therewith, the accused if information.
he is in custody shall be discharged, or his bond
cancelled if he is bonded (Pamaran, 2010).
NOTE:
Exception to the Rule that Sustaining the Motion is not
 The prohibition against double jeopardy refers to the
a bar to another Prosecution
same offense and not to the same act. The offense
charged in the two prosecutions must be the same in
GR: An order sustaining the motion to quash is not a bar
law and in fact, because the same acts may be
to another prosecution for the same offense.
violative of two or more provisions of the criminal
law.
XPNs: The motion was based on the grounds of:
 For a dismissal to be a bar under the jeopardy clause
1) Extinction of criminal action or liability; and of the Constitution, it must have the effect of an
2) Double jeopardy (Sec. 6, Rule 117) acquittal (People v. Obsania, G.R. No. L-24447, June
29, 1968).

DOUBLE JEOPARDY (Res Judicata in Prison Grey) Can a person convicted by a courtmartial be
 It means that when a person is charged with an offense prosecuted again in the civil court?
and the case is terminated either by acquittal or  NO. A person convicted by a court-martial cannot, for
conviction or in any other manner without the consent the same offense, be prosecuted again in the civil
of the accused, the latter cannot again be charged with court. A court martial is a court, and the prosecution of
the same or identical offense. an accused before it is criminal, not administrative;
thus it would be, under certain conditions, a bar to
Purposes of the Right against Double Jeopardy another prosecution of the defendant for the same
 The purpose is to set the effects of the first prosecution offense, because the latter would place the accused in
forever at rest, assuring the accused that he shall not double jeopardy (Marcos v. Chief of Staff, G.R. No. L-
thereafter be subjected to the danger and anxiety of a 4663, May 30, 1951).
second charge against him for the same offense (Caes
v. Intermediate Appellate Court, G.R. Nos. 74989- 90, Is there double jeopardy when the complaint or
November 6, 1989). information was dismissed before the defendant has
 It protects the accused not against the peril of second been arraigned and had pleaded thereto?
punishment but against being tried again.  NO. The requirement that the accused must have been
arraigned and pleaded to the charge rests upon the idea
Finality-of-Acquittal Doctrine that it is only from that moment that the issues for trial
GR: An acquittal rendered by a court of competent are deemed joined. Before that, the accused is not in
jurisdiction after trial on the merits is immediately final danger of being validly convicted (People vs. Apostol,
and cannot be appealed (People vs. Sandiganbayan, G.R. 64 Phil. 676).
No. 164068-69, November 19, 2013).
XPN: When the proceedings were rigged, and a sham and Tests in determining the identity of the offenses for the
a mock trial held with predetermined judgment of purpose of applying the rule on double jeopardy
acquittal, the proceedings are unlawful and void ab initio.
Double jeopardy then cannot be invoked in setting aside 1. Same offense test – Whether the offense charged in
such judgment because the prosecution was denied of due the first information is the same offense in the second
process (Galman vs. Sandiganbayan, 144 SCRA 43, 86- charge, or whether the second offense necessarily
87). includes or is necessarily included in the first offense
charged in the former complaint or information.
Kinds of Double Jeopardy

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2. Same evidence test – Whether the facts alleged in the anyone (People v. Court of Appeals, G.R. No. L54641,
second information, if proved, would have been November 28, 1980).
sufficient to sustain the former information, or from
which the accused may have been acquitted or 4) Dismissal is with the express consent of the accused
convicted. except on the following:

Identity Rule a. The dismissal is based on insufficiency of

GR: There is identity between two offenses not only evidence; or
when the second offense is exactly the same as the first, b. The case is dismissed for violation of the
but also when the second offense includes or is accused’s right to speedy trial (Benares v. Lim,
necessarily included in the first offense or an attempt or G.R. No. 173421, December 14, 2006).
frustration thereof, or when it necessarily includes or is
necessarily included in the offense charged in the first 5) The dismissal by a competent court motu proprio of a
information. valid information, after the accused has pleaded not
guilty, does not bar further prosecution for the same
XPNs: offense, if such dismissal was made without prejudice
1) The graver offense developed due to supervening to the refiling of the case in the proper court (People v.
facts arising from the same act or omission Manlapas, G.R. No. L-17993, August 24, 1962).
constituting the former charge [Sec. 7(a), Rule
117]; 6) The rule on double jeopardy does not apply to a
2) The facts constituting the graver offense became controversy where one is an administrative case and
known or were discovered only after a plea was the other is criminal in nature (Riano, 2011, citing
entered in the former complaint or information Icasiano v. Sandiganbayan, G.R. No. 95642, May 28,
[Sec. 7(b), Rule 117]; and 1992).
3) The plea of guilty to the lesser offense was made
without the consent of the prosecutor and the 7) In People v. Balisacan, G.R. No. L-26376, August 31,
offended party [Sec. 7 (c), Rule 117]. 1966, the accused had first entered a plea of guilty but
subsequently testified, in the course of being allowed
XPN to the XPN: The plea of guilty to a lesser to prove mitigating circumstances, that he acted in
offense was made with the conformity of the complete self-defense. Said testimony had the effect of
prosecutor alone because of the failure of the vacating his plea of guilty and the trial court did not
offended party to appear at the arraignment despite require him to plead anew on the charge, or at least
due notice [Sec. 1(f), Rule 116]. direct that a new plea of not guilty be entered for him.
There having been no standing plea at the time the
NOTE: trial court rendered its judgment of acquittal, there can
 In any of the foregoing cases, where the accused be no double jeopardy with respect to the appeal in
satisfies or serves in whole or in part the judgment, he this case.
shall be credited with the same in the event of
conviction for the graver offense (Sec. 7, Rule 117). 8) An order of dismissal of a criminal case has the effect
 The rule of identity does not also apply when the of such judgment, and if given verbally, is incomplete
second offense was not in existence at the time of the and does not have the effect of acquitting the accused
first prosecution for the simple reason that in such before it is withdrawn. Hence, the prosecution of the
case, there is no possibility for the accused, during the case after such verbal order of dismissal has been
first prosecution, to be convicted for an offense that withdrawn by the court, does not place the accused in
was then inexistent (Melo v. People, G.R. No. L– double jeopardy (Cabarroguis v. Diego, et al., G.R.
3580, March 22, 1950) No. L-19517, November 30,1962).

Instances where double jeopardy will not attach Variance doctrine

GR: The accused may be convicted only of the crime
1) The dismissal of a case during preliminary with which he is charged. (Riano, 2016)
investigation does not constitute double jeopardy,
preliminary investigation not being part of the trial NOTE: A minor variance between the information and
(Flores v Montemayor, G.R. No. 170146, June 8, the evidence does not alter the nature of the offense, nor
2011). does it determine or qualify the crime or penalty, so that
even if a discrepancy exists, this cannot be pleaded as a
2) When the Court finds that the “criminal trial was a ground for acquittal (People v. Noque, G.R. No. 175319,
sham” because the prosecution representing the January 15, 2010)
sovereign people in the criminal case was denied due
process (Galman v. Sandiganbayan,G.R. No. 72670, XPN: When there is variance between the offense charge
September 12, 1986). in the complaint or information and that proved, and the
offense as charged is included in or necessarily includes
3) A void judgment for having been issued without the offense proved, the accused shall be convicted of the
jurisdiction. No double jeopardy attaches because a offense proved which is included in the offense charged,
void judgment is, in legal effect, no judgment at all. or of the offense charged which is included in the offense
By it, no rights are divested. Through it, no rights can proved (Sec. 4, Rule 120)
be attained. Being worthless, all proceedings founded
upon it are equally worthless. It neither binds nor bars 1) The accused can be convicted of an offense only
when it is both charged and proven.

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 47 | P a g e L A W Y E R S I N T H E M A K I N G FROM ST. MARY’S COLLEGE OF TAGUM, INC. COLLEGE OF LAW

2) The mere fact that the evidence presented would However, the conviction of the accused shall not be a bar
indicate that a lesser offense outside the court’s to another prosecution for an offense which necessarily
jurisdiction was committed does not deprive the includes the offense charged in the former complaint or
court of its jurisdiction, which had vested in it information under any of the following instances:
under the allegations in the information (People
v. Ocaya, G.R. No. L-47448, May 17, 1978) a) the graver offense developed due to supervening
facts arising from the same act or omission
XPN TO XPN: Where there are facts that supervened constituting the former charge;
after the filing of the information which change the nature b) the facts constituting the graver charge became
of the offense. known or were discovered only after a plea was
entered in the former complaint or information;
Doctrine of Supervening Fact or
 Where after the first prosecution a new fact c) the plea of guilty to the lesser offense was made
supervenes for which the defendant is responsible, without the consent of the prosecutor and of the
which changes the character of the offense and, offended party except as provided in section 1 (f)
together with the facts existing at the time, constitutes of Rule 116.
a new and distinct offense, the accused cannot be said
to be in second jeopardy, if indicted for the new In any of the foregoing cases, where the accused satisfies
offense (People v. City Court of Manila, G.R. No. L- or serves in whole or in part the judgment, he shall be
36342, April 27, 1983). credited with the same in the event of conviction for the
graver offense. (7a)
Effect of double jeopardy on the civil aspect of the case
 The offended party and the accused may appeal the Section 8. Provisional dismissal. — A case shall not be
civil aspect of the case because the concept of double provisionally dismissed except (1) with the express
jeopardy evidently has reference only to the criminal consent of the accused and (2) with notice to the offended
case and has no effect on the civil liability of the party.
accused (Riano, 2011).
The provisional dismissal of offenses punishable by
Dismissal Acquittal
imprisonment not exceeding six (6) years or a fine of any
Does not decide on the Always based on the
amount, or both, shall become permanent one (1) year
merits, does not determine merits. Defendant is
after issuance of the order without the case having been
the defendant’s guilt or acquitted because guilt was
revived. With respect to offenses punishable by
innocence. not proven beyond
imprisonment of more than six (6) years, their provisional
reasonable doubt.
dismissal shall become permanent two (2) years after
Double jeopardy does not Double jeopardy always issuance of the order without the case having been
always attach. attaches. revived. (n)
Instances where dismissal of the case is tantamount to
an acquittal  It contemplates that the dismissal of the action is not
permanent and can be revived within the period set by
1. Dismissal based on insufficiency of evidence of the
the Rules of Court. (Riano, 2016)
prosecution (demurrer to evidence); and
2. Dismissal due to violation of right to speedy trial
Period when provisional dismissal becomes permanent
(even if dismissal was upon motion of the accused or
with his express consent).
1. Offenses punishable by imprisonment not exceeding
Rules on the application of double jeopardy on State 6 years or a fine of any amount, or both - shall
witnesses become permanent 1 year after issuance of the order
 An order discharging an accused as a State witness without the case having been revived.
amounts to an acquittal, hence double jeopardy will 2. Offenses punishable by imprisonment of more than 6
apply. However, if he fails or refuses to testify against years - shall become permanent 2 years after issuance
his co-accused in accordance with his sworn of the order without the case having been revived
statement, he may be prosecuted again. (Sec. 8, Rule 117).

Section 7. Former conviction or acquittal; double Time Bar Rule

jeopardy. — When an accused has been convicted or  If no revival of the case is made within the prescribed
acquitted, or the case against him dismissed or otherwise period, the dismissal shall be removed from being
terminated without his express consent by a court of provisional and shall become permanent.
competent jurisdiction, upon a valid complaint or
information or other formal charge sufficient in form and NOTE:
substance to sustain a conviction and after the accused  The State may revive a criminal case beyond the one-
had pleaded to the charge, the conviction or acquittal of year or two-year periods, provided there is justifiable
the accused or the dismissal of the case shall be a bar to necessity for the delay, and subject to the right of the
another prosecution for the offense charged, or for any accused to oppose the same on the ground of double
attempt to commit the same or frustration thereof, or for jeopardy, or that such revival or refiling is barred by
any offense which necessarily includes or is necessarily the statute of limitations (People v. Lacson, G.R. No.
included in the offense charged in the former complaint or 149453, October 7, 2003).
information.
Revival of the case

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 The case may be revived by the State within the time- the express consent of the detained accused
bar rule either by the refilling of the information or by provided:
filing of new information for the same offense or
offense necessarily included therein. There would be a. The hearing in the case has been previously
no need for a new preliminary investigation. twice postponed due to the non-appearance of
the essential witness and both the witness and
Requisites of provisional dismissal the offended party, if they are two different
1) The prosecution with the express conformity of the persons, have been given notice of the setting of
accused, or the accused, moves for a provisional (sin the case for third hearing, which notice contains
perjuicio) dismissal of the case; or both the a warning that the case would be dismissed if
prosecution and the accused move for a provisional the essential witness continues to be absent; and
dismissal of the case; b. There is proof of service of the pertinent notices
2) The offended party is notified of the motion for a of hearings or subpoenas upon the essential
provisional dismissal of the case; witness and the offended party at their last
3) The court issues an order granting the motion and known postal or e-mail addresses or mobile
dismissing the case provisionally; and phone numbers.
4) The public prosecutor is served with a copy of the
order of provisional dismissal of the case (People v. 3) For the above purpose, the public or private
Lacson, et al., G.R. No. 149453, April 1, 2003). prosecutor shall first present during the trial the
essential witness or witnesses to the case before
Rule on provisional dismissal of a case anyone else. An essential witness is one whose
testimony dwells on the presence of some or all of
GR: Where the case was dismissed provisionally with the the elements of the crime and whose testimony is
consent of the accused, he cannot invoke double jeopardy indispensable to the conviction of the accused(Sec.
in another prosecution therefor or where the case was 10, A.M. No. 12-11-2-SC).
reinstated on a motion for reconsideration by the
prosecution.
Reckoning period of one or two year period for revival
XPNs: The dismissal amounts to an acquittal even if the of criminal case
dismissal was ordered at the instance of the defendant if:  The one or two year period allowed for reviving a
1. It is based on lack or insufficiency of evidence; criminal case that has been provisionally dismissed
shall be reckoned from the issuance of the order of
2. It was predicated upon the violation of the right
dismissal. The dismissal shall become automatically
of the accused to a speedy trial, hence, even if
permanent if the case is not revived within the
the accused gave his express consent to such
required period. Such permanent dismissal shall
dismissal or moved for dismissal, such consent
amount to an adjudication of the case on the merits
would be immaterial as such dismissal is actually
(Sec. 14, A.M. No. 12-11-2-SC).
an acquittal; and
3. There is variance between the proof and the
Section 9. Failure to move to quash or to allege any
allegations in the complaint or information.
ground therefor. — The failure of the accused to assert
any ground of a motion to quash before he pleads to the
Express consent
complaint or information, either because he did not file a
 Express consent to a provisional dismissal is given
motion to quash or failed to allege the same in said
either orally or in writing. It is a positive, direct,
motion, shall be deemed a waiver of any objections based
unequivocal consent requiring no inference or
on the grounds provided for in paragraphs (a), (b), (g),
implication to supplying its meaning (People v.
and (i) of section 3 of this Rule. (8)
Vergara, G.R. No. 101557-58, April 28, 1993).
 The mere inaction or silence of the accused or his
failure to object to a provisional dismissal of the case
does not amount to express consent (People v. Ylagan,
G.R. No. L-38443, November 25, 1933).

Provisional dismissal under A.M. No. 12-11- 2-SC

(Guidelines for Decongesting Holding Jails by
Enforcing the Rights of Accused Persons to Bail and to
Speedy Trial)
1) When the delays are due to the absence of an
essential witness whose whereabouts are unknown
or cannot be determined and, therefore, are subject
to exclusion in determining if, with the prescribed
time limits which caused the trial to exceed 180
days, the court shall provisionally dismiss the action
with the express consent of the detained accused.
2) When the delays are due to the absence of an
essential witness whose presence cannot be obtained
by due diligence though his whereabouts are known,
the court shall provisionally dismiss the action with

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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. (secs. 2 and 3, cir. 38-98)

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. (sec. 4, cir. 38-98)

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. (se. 5, cir. 38-
98)

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. (3)

 Pre-trial is a procedural device intended to clarify and

limit the basic issues between the parties and to take
the trial of cases out of the realm of surprise and
maneuvering. It thus paves the way for a less cluttered
trial and resolution of the case (LCK Industries v.
Planters Development Bank, G.R. No. 170606,
November 23, 2007)

Period of pre-trial
 It 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 (Sec. 1, Rule 118).
 If the accused is under preventive detention, the pre-
trial shall be held within 10 days after arraignment
unless a law provides for a shorter period [A.M. No.
03-1-09-SC, IB (1)].

RULE 118 Court in which pre-trial is mandatory

Pre-Trial

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 Pre-trial is mandatory in all criminal cases cognizable regardless of the imposable penalty (Sec. 23, RA
by the: 9165).
1) Sandiganbayan;
2) RTC; Duty of the judge when plea bargaining fails
3) Metropolitan Trial Court; 1) Adopt the minutes of preliminary conference as part of
4) Municipal Trial Court in Cities; the pre-trial proceedings, confirm markings of exhibits
5) Municipal Trial Court; and or substituted photocopies and admissions on the
6) Municipal Circuit Trial Court (Sec. 1, Rule 118) genuineness and due execution of documents and list
object and testimonial evidence;

MATTERS TO BE CONSIDERED DURING 2) Scrutinize every allegation of the information and the
PRETRIAL statements in the affidavits and other documents which
1) Plea bargaining; form part of the record of the preliminary investigation
and other documents identified and marked as exhibits
2) Stipulation of facts; NOTE: In order for the accused to in determining further admissions of facts, documents
be bound, it must be signed by him. and in particular as to the following:

3) Marking for identification of evidence of parties; a. The identity of the accused;

b. Court’s territorial jurisdiction relative to the
NOTE:No evidence shall be allowed to be presented offense/s charged;
and offered during the trial other than those identified c. Qualification of expert witness;
and marked during the pre-trial except when allowed d. Amount of damages;
by the court for good cause shown [I-B (2), AM No. e. Genuineness and due execution of documents;
03-1-09-SC] f. The cause of death or injury, in proper cases;
g. Adoption of any evidence presented during the
4) Waiver of objections to admissibility of evidence; preliminary investigation;
h. Disclosure of defenses of alibi, insanity, self-
defense, exercise of public authority and
5) Modification of the order of the trial if one of the
justifying or exempting circumstances; and i.
accused admits the charge but interposes a lawful
Such other matters that would limit the facts in
defense (reverse trial); and
issue.
6) Such matters as will promote a fair and expeditious
3) Define factual and legal issues;
trial of the criminal and civil aspects of the case (Sec.
1, Rule 118).
4) Ask parties to agree on the specific trial dates and
NOTE: If the accused has pleaded not guilty to the crime adhere to the flow chart determined by the court which
charged, he may state whether he interposes a negative or shall contain the time frames for the different stages of
affirmative defense. A negative defense shall require the the proceeding up to promulgation of decision and use
prosecution to prove the guilt of the accused beyond the time frame for each stage in setting the trial dates;
reasonable doubt, while an affirmative defense may
modify the order of trial and require the accused to prove 5) Require the parties to submit to the Branch COC the
such defense by clear and convincing evidence (Sec. 3, names, addresses and contact numbers of witnesses
Speedy Trial Act). that need to be summoned by subpoena; and

Plea-bargaining 6) Consider modification of order of trial if the accused

 It is the process whereby the accused, the offended admits the charge but interposes a lawful defense
party and the prosecution work out a mutually (A.M. No. 03-1- 09-SC).
satisfactory disposition of the case subject to court
approval. It usually involves the defendant’s pleading Duty of the judge before pre-trial conference
guilty to a lesser offense or to only one or some of the  The judge before pre-trial conference must study the
counts of a multi-count indictment in return for a following:
lighter sentence than that for the graver charge. 1. Allegations of the information;
 In this jurisdiction, plea bargaining has been defined 2. Statements in the affidavits of witnesses; and
as "a process whereby the accused and the prosecution 3. Other documents which form part of the record of
work out a mutually satisfactory disposition of the the preliminary investigation (A.M. No. 03-1-09-
case subject to court approval. (Estipona Jr. vs. SC).
Lobrigo, GR No. 226679, August 15, 2017)
 It usually involves the defendant’s pleading guilty to a Duty of the branch clerk of court during the
lesser offense or to only one or some of the counts of a preliminary conference
multi-count indictment in return for a lighter sentence  During the preliminary conference, the branch clerk of
than that for the graver charge. (People vs. Mamarlon, court shall:
GR. No. 137554, October 1, 2003)
1) Assist the parties in reaching a settlement of the
Duty of the judge when plea bargaining is agreed upon civil aspect of the case;
 During the pre-trial, the trial judge shall consider plea- 2) Mark the documents to be presented as exhibits
bargaining arrangements, except in cases for violations and copies thereof attached to the records after
of the Comprehensive Dangerous Drugs Act comparison;

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3) Ascertain from the parties the undisputed facts on the plea of the accused to a lesser offense may only
and admissions on the genuineness and due be revised, modified, or annulled by the court when
execution of documents marked as exhibits; and the same is contrary to law, public morals, or public
4) Consider such other matters as may aid in the policy (Sec. 3, Speedy Trial Act of 1998).
prompt disposition of the case (A.M. No. 03-1-09-
SC). NOTE:
 The requirement of Sec. 2, Rule 118 is intended to
NOTE: The proceedings during the preliminary further safeguard the rights of the accused against
conference shall be recorded in the minutes of preliminary improvident or unauthorized agreements or admissions
conference to be signed by both parties and counsel (A.M. which his counsel may have entered into, or which any
No. 03-1-09-SC). person may have ascribed to the accused without his
knowledge, as he may have waived his presence at the
Order of pre-trial conference pre-trial conference (People vs. Uy, G.R. No. 128046,
 Order for pre-trial conference must contain orders: March 7, 2000).

1. Requiring the private offended party to appear Amendment of pre-trial agreement

thereat for purposes of pleabargaining and for  Pre-trial may be amended on the grounds of:
other matters requiring his presence; 1. Agreement; or
2. Referring the case to the branch clerk of court, if 2. Palpable mistake
warranted, for a preliminary conference to be set
at least 3 days prior to the pre-trial to mark the NON-APPEARANCE DURING PRE-TRIAL
documents or exhibits to be presented by the
parties and copies thereof to be attached to the Effect of non-appearance of counsel for the accused or
records after comparison and to consider other the prosecutor during the pretrial without valid
matters as may aid in its prompt disposition; and justification
3. Informing the parties that no evidence shall be  The court may impose proper sanctions or penalties in
allowed to be presented and offered during the the form of reprimand, fines or imprisonment, if the
trial other than those identified and marked counsel does not offer an acceptable excuse for his
during the pre-trial except when allowed by the lack of cooperation (Sec. 3, Rule 118; Sec. 5, Speedy
court for good cause shown. In mediatable cases, Trial Act).
the judge shall refer the parties and their counsel
to the Philippine Mediation Center unit for Rationale of the exclusion of the accused in the
purposes of mediation if available (A.M. No. 03- mandatory appearance during pre-trial
1-09-SC).  The principal reason why the accused is not included
in the mandatory appearance is the fear that to include
WHAT THE COURT SHOULD DO WHEN him is to violate his constitutional right to remain
PROSECUTION AND OFFENDED PARTY AGREE silent [Sec. 12(1), Art. III, 1987 Constitution].
TO THE PLEA OFFERED BY THE ACCUSED
The court shall: NOTE:
 Unless otherwise required by the court, personal
1) Issue an order which contains the plea bargaining appearance of the accused at the conference is not
arrived at; indispensable. This is aside from the consideration that
2) Proceed to receive evidence on the civil aspect of the the accused may waive his presence at all stages of the
case; and criminal action, except at the arraignment,
3) Render and promulgate judgment of conviction, promulgation of judgment or when required to appear
including the civil liability or damages duly for identification (Regalado, 2008).
established by the evidence (A.M. No. 03-1-09-SC).
PRE-TRIAL ORDER
PRE-TRIAL AGREEMENT
 All agreements or admissions made or entered into Pre-trial order
during the pre-trial conference shall be reduced in  It is an order issued by the court reciting the actions
writing and signed by the accused and counsel; taken, the facts stipulated, and the evidence marked
otherwise the same cannot be used against the accused during the pre-trial conference (Sec. 4, Rule 118).
(Sec. 2, Rule 118) (2004 Bar).
Purpose and effect of the pre-trial order
NOTE:  The pre-trial order shall:
 The court shall approve the agreements covering the 1) Bind the parties;
matters in the pre-trial conference. 2) Limit the trial to those matters not disposed of;
and
Pre-trial agreement as evidence 3) Control the course of the action during the trial,
 Requisites before a pre-trial agreement may be used as unless modified by the court to prevent manifest
evidence: injustice (Ibid.; Sec. 5, Speedy Trial Act of
1) It is reduced in writing; and 1998).
2) Signed by the accused and his counsel
NOTE:
 The agreements in relation to matters referred to in  To prevent manifest injustice, however, the court,
Sec. 1, Rule 118 are subject to the approval of the upon its own initiative or at the instance of any party,
court(Sec. 2, Rule 118). Provided, that the agreement may modify the pre-trial order.

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 The judge will sit down with counsel and their parties
Period for the trial judge to issue a pre-trial order and to hear a summary of the case and will attempt to
its contents conciliate the differences between the parties. As a
 It must be issued within 10 days after the termination neutral evaluator, the judge will be free to express his
of the pre-trial. It shall set forth the following: views on the chances of each party in the case. At this
1. Actions taken during the pre-trial conference; point, if the parties agree to reconsider and undergo
2. Facts stipulated; mediation, the judge will facilitate the settlement as a
3. Admissions made; mediator. If the parties still refuse mediation, however,
4. Evidence marked; and the judge will then issue an order referring the case to
5. Number of witnesses to be presented and the another judge. The order will specify that both CAM
schedule of trial (Sec. 4, Rule 118). and JDR have failed.

Pre-trial in Civil Case Pre-trial in Criminal Three stages of diversion of cases to CAM and JDR
Case 1) The first stage is the CAM where the judge refers the
Pre-trial is preceded by a motion Pre-trial is ordered by the court parties to the Philippine Mediation Center (PMC) for
ex parte filed by the plaintiff to set and no motion to set the case for the mediation of their dispute by trained and
the case for pretrial (Sec. 1, Rule pre-trial is required from either the
18). prosecution or the defense (Sec. 1, accredited mediators.
Rule 118). 2) Upon failing to secure a settlement of the dispute
The motion to set the case for pre- during the first stage, a second attempt is made at the
trial is made after the last pleading The pre-trial is ordered by the JDR stage. There, the JDR judge sequentially becomes
has been served and filed (Ibid.). court after arraignment and within a mediator conciliator-early neutral evaluator in a
30 days from the date the court
acquires jurisdiction over the
continuing effort to secure a settlement. Still failing
person of the accused (Ibid.). that second attempt, the mediator-judge must turn over
The sanction for nonappearance is The “proper sanctions and the case to another judge (a new one by raffle or
imposed upon the non-appearing penalties” for non-appearance may nearest/pair judge) who will try the unsettled case. The
party (Sec. 5, Rule 18). be imposed upon the counsel or
the prosecutor in case of failure to
trial judge shall continue with the pre-trial proper and,
offer an acceptable excuse for lack thereafter, proceed to try and decide the case.
of cooperation (Sec. 3, Rule118) 3) The third stage is during the appeal where covered
Considers the possibility of an Does not include the considering cases are referred to the PMC Appeals Court
amicable settlement or of the possibility of amicable
Mediation (ACM) unit for mediation.
compromise. settlement of a criminal liability as
one of its purpose (Ibid.).
The agreements and admissions All agreements or admissions
may be contained in the record of made or entered during the pre- Cases covered by CAM and JDR
pre-trial and pre-trial order. The trial conference shall be reduced
“Minutes of Preliminary in writing and signed by both the
 The following cases shall be
Conference may be signed by accused and counsel; otherwise, (1) referred to CAM and
either the party or his counsel. they cannot be used against the (2) be the subject of JDR proceedings:
accused.
A pre-trial brief is required to be A pre-trial brief is not specifically
1. All civil cases and the civil liability of criminal cases
submitted (Sec. 6, Rule 18). required.
covered by the Rule on Summary Procedure, including
the civil liability for violation of BP 22, except those
which by law may not be compromised;
REFERRAL OF SOME CASES FOR COURT
2. Special proceedings for the settlement of estates;
ANNEXED MEDIATION ANDJUDICIAL DISPUTE
3. All civil and criminal cases filed with a certificate to
RESOLUTION(A.M. No, 11-1-6-SCPHILJA)
file action issued by the Punong Barangay or the
 Purpose of Court Annexed Mediation (CAM) and
Pangkat ng Tagapagkasundo under the Revised
Judicial Dispute Resolution (JDR) The diversion of
Katarungang Pambarangay Law;
pending court cases both to CAM and to JDR is
4. The civil aspect of Quasi-Offenses under Title 14 of
plainly intended to put an end to pending litigation
the RPC;
through a compromise agreement of the parties and
5. The civil aspect of less grave felonies punishable by
thereby help solve the ever-pressing problem of court
correctional penalties not exceeding 6 years
docket congestion. It is also intended to empower the
imprisonment where the offended party is a private
parties to resolve their own disputes and give practical
person;
effect to the State Policy expressly stated in the ADR
6. The civil aspect of estafa, theft and libel;
Act of 2004 (RA 9285), to wit:
7. All civil cases and probate proceedings, testate and
intestate, brought on appeal from the exclusive and
“To actively promote party autonomy in the resolution
original jurisdiction granted to the first level courts
of disputes or the freedom of the parties to make their
under Sec. 33(1) of the Judiciary Reorganization Act
own arrangement to resolve disputes. Towards this
of 1980;
end, the State shall encourage and actively promote
8. All cases of forcible entry and unlawful detainer
the use of Alternative Dispute Resolution (ADR) as an
brought on appeal from the exclusive and original
important means to achieve speedy and impartial
jurisdiction granted to the first level courts under Sec.
justice and de-clog court dockets.”
33(2) of the Judiciary Reorganization Act of 1980;
9. All civil cases involving title to or possession of real
Role of the judge in mediation
property or an interest therein brought on appeal from
 The pre-trial judge will rule on the compromise
the exclusive and original jurisdiction granted to the
agreement reached through mediation. If court-
first level courts under Sec. 33(3) of the Judiciary
annexed mediation fails, the pre-trial judge takes on
Reorganization Act of 1980; and
the role of conciliator, neutral evaluator and mediator.
10. All habeas corpus cases decided by the first level
courts in the absence of the RTC judge that are

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brought up on appeal from the special jurisdiction parties refuse to three, attempts to
granted to the first level courts under Sec. 35 of the undergo mediation, convince the parties
the case goes back to to settle their case
Judiciary Reorganization Act of 1980. CAM vs. Court court for trial. amicably.
Referred Mediation (CRM)
If the parties still
CAM vs. Court Referred Mediation (CRM) refuse to settle, the
CAM CRM case goes back to
court for trial.
Any mediation process A mediation ordered by a
conducted under the court to be conducted in
Duration of mediation in the PMC
auspices of the court that accordance with the
 The Mediator shall have a period of not exceeding 30
has acquired jurisdiction of agreement of the parties
days to complete the mediation process. Such period
the dispute. when an action is
shall be computed from the date when the parties first
prematurely commenced in
appeared for the initial conference as stated in the
violation of such
Order to appear. An extended period of another 30
agreement.
days may be granted by the court, upon motion filed
by the Mediator, with the conformity of the parties.
Cases which CANNOT be referred to CAM and JDR
1) Civil cases which by law cannot be compromised (Art.
Availability of JDR even during trial
2035, NCC);
 Cases may be referred to JDR even during the trial
2) Other criminal cases not covered under paragraphs 3
stage upon written motion of one or both parties
to 6 above;
indicating willingness to discuss a possible
3) Habeas Corpus petitions;
compromise. If the motion is granted, the trial shall be
4) All cases under RA 9262 (Violence against Women
suspended and the case referred to JDR, which shall
and Children); and
be conducted by another judge through raffle in
5) Cases with pending application for Restraining Orders
multiple sala courts.
or Preliminary Injunctions. However, in cases covered
under 1, 4 and 5 where the parties inform the court
Consequence of failure of one party to participate in
that they have agreed to undergo mediation on some
mediation
aspects thereof, e.g., custody of minor children,
separation of property, or support pendente lite, the  Once the court determines that the case is mediatable,
court shall refer them to mediation. the parties are compelled to appear before the PMC
unit. If the complainant fails to appear for mediation,
Appellate Court Mediation (ACM) the case may be dismissed. If the defendant is absent,
the court will then decide the case on the basis of what
 It is a mediation program in the CA, corollary to CAM
was presented by the plaintiff alone.
in the lower courts. It provides a conciliatory approach
in conflict resolution.
Effect of the referral of the case to CAM and JDR
 Through ACM, the CA promotes a paradigm shift in
 The period during which the case is undergoing
resolving disputes from a right-based (judicial) to an
mediation shall be excluded from the regular and
interest-based (mediation) process.
mandatory periods for trial and rendition of judgment
in ordinary cases and in cases under summary
Persons qualified to serve as mediator in appellate
proceedings.
court mediation
 Only an Appellate Mediator who is trained and
Procedure after the parties reached a settlement
accredited by the Philippine Judicial Academy
 If full settlement of the dispute is reached, the parties,
(PHILJA) can mediate in the CA. As a basic
assisted by their respective counsels, shall draft the
qualification, he/she must be a retired justice, judge,
compromise agreement which shall be submitted to
senior member of the Bar, or senior law professor,
the court for judgment upon compromise or other
who possesses creative problemsolving skills and has
appropriate action.
strong interest in mediation.
 Where compliance is forthwith made, the parties shall
Distinction among CAM, JDR and ACM instead submit a satisfaction of claims or a mutual
withdrawal of the case and, thereafter, the court shall
CAM JDR ACM
A case eligible for The mediation The case has been enter an order dismissing the case. If partial settlement
mediation at a First process is also in the tried and judgment is reached, the parties shall, with the assistance of
Level Court or RTC lower courts and has been rendered at counsel, submit the terms thereof for the appropriate
during the pre-trial mediation is the lower courts but action of the court, without waiting for resolution of
stage is referred by conducted just like in has been appealed to
the presiding judge to CAM. the CA. the unsettled part.
the Philippine
Mediation Center If mediation fails or Effect of the non-compliance of the other party with
Unit for mediation. the parties refuse the agreement reached
mediation, the case  The court which approved the compromise agreement
Mediation is goes back to the
successful if the judge who does not must be informed immediately for it to issue an order
parties enter into a yet try the case. to comply. Sanctions will be imposed for non-
Compromise compliance. The aggrieved party may also apply for a
Agreement, and the The judge, acting writ of execution.
judge renders a sequentially as
decision based on this Conciliator, Neutral
agreement. Evaluator and
Remedy if the case is not resolved during JDR
Mediator or a
If it fails or the combination of the

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1) Multiple sala court – If the case is not resolved during which the case was originally raffled shall conduct the
the JDR, the case shall be raffled to another branch for JDR proceedings and trial.
the pre- trial proper until judgment.

For cases with pending applications for restraining

orders or preliminary injunctions, the judge to whom
the case was raffled shall rule on the said applications.
During the pre-trial stage, the judge refers the case to
CAM, but if the parties do not settle at CAM, the case
will be raffled to another branch for JDR. If the parties
do not settle at JDR, the case will be returned to the
branch that ruled on the applications for the pre-trial
proper and up to judgment.

2) Single sala court – Unless otherwise agreed upon as

provided, the JDR proceedings will be conducted by
the judge of the pair court, if any, otherwise, by the
judge of the nearest court as determined by the
concerned Executive Judge. The JDR proceedings
shall be conducted at the station where the case was
originally filed. The result of the JDR proceedings
shall be referred to the court of origin for appropriate
action, e.g. approval of the compromise agreement,
trial, etc.

Notwithstanding the foregoing, before the

commencement of the JDR proceedings, the parties
may file a joint written motion requesting that the
court of origin conduct the JDR proceedings and trial.

3) Family court – Unless otherwise agreed upon as

provided below, the JDR proceedings in areas where
only one court is designated as a family court, shall be
conducted by a judge of another branch through raffle.
However, if there is another family court in the same
area, the family court to whom the case was originally
raffled shall conduct JDR proceedings and if no
settlement is reached, the other family court shall
conduct the pre-trial proper and trial.

Notwithstanding the foregoing, before commencement

of the JDR proceedings, the parties may file a joint
written motion requesting that the family court to
which the case was originally raffled shall conduct the
JDR proceedings and trial.

Despite the non-mediatable nature of the principal

case, like annulment of marriage, other issues such as
custody of children, support, visitation, property
relations and guardianship, may be referred to CAM
and JDR to limit the issues for trial.

4) Commercial, intellectual property and environmental

courts – Unless otherwise agreed upon as provided
below, the JDR proceedings in areas where only one
court is designated as commercial or intellectual
property or environmental court, hereafter referred to
as special court, shall be conducted by another judge
through raffle and not by the judge of the special
court. Where settlement is not reached, the judge of
the special court shall be the trial judge. Any incident
or motion filed before the pre-trial stage shall be dealt
with by the special court that shall refer the case to
CAM.

Notwithstanding the foregoing, before commencement

of the JDR proceedings, the parties may file a joint
written motion requesting that the special courts to

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NOTE: Period may be extended to one not

exceeding 180 days from notice of order if period
becomes impractical due to unavailability of witness
and other factors (Sec. 5, Rule 119).

Summary of Periods
Arraignment Pre-trial Trial
a) Within 30 a) After The general
days from arraignment period
the date the and within applicable is 30
court 30 days from days from
acquires the date the receipt of the
jurisdiction court pre-trial order.
over the acquires
accused. jurisdiction
over the
b) When the person of
accused is the accused.
under
preventive b) If the
detention, accused is
the accused under
shall be preventive
arraigned detention,
within 10 the pre-trial
days from shall be held
date of within 10
raffle. days after
arraignment.

Hearing

RULE 119  Hearing is not confined to trial, but embraces

Trial several stages of litigation including the pretrial
stage. A hearing does not necessarily imply the
presentation of oral or documentary evidence in
Section 1. Time to prepare for trial. — After a plea of not open court but that the parties are afforded an
guilty is entered, the accused shall have at least fifteen opportunity to be heard (Republic v.
(15) days to prepare for trial. The trial shall commence Sandiganbayan, G.R. No. 104768, July 21, 2003).
within thirty (30) days from receipt of the pre-trial order.

(sec. 6, cir. 38-98)
Section 2. Continuous trial until
 It is the examination before a competent terminated; postponements. — Trial once commenced
tribunal according to the laws of the land, of shall continue from day to day as far as practicable until
facts put in issue in a case for the purpose of terminated. It may be postponed for a reasonable period of
determining such issue. time for good cause. (2a)

When trial shall commence The court shall, after consultation with the prosecutor and
1. The trial shall commence within 30 days defense counsel, set the case for continuous trial on a
weekly or other short-term trial calendar at the earliest
from receipt of pre-trial order (Sec. 1, Rule possible time so as to ensure speedy trial. In no case shall
119). the entire trial period exceed one hundred eighty (180)
2. If the accused is to be tried again pursuant days from the first day of trial, except as otherwise
to an order for a new trial, the trial shall authorized by the Supreme Court. (sec. 8, cir. 38-98).
commence within 30 days from notice of
the order granting a new trial(Sec. 5, Rule
119).

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The time limitations provided under this section and the Section 3. Exclusions. — The following periods of delay
preceding section shall not apply where special laws or shall be excluded in computing the time within which trial
circulars of the Supreme Court provide for a shorter must commence:
period of trial. (n)
(a) Any period of delay resulting from other proceedings
NOTE: Revised Guidelines for Continuous Trial of concerning the accused, including but not limited to the
Criminal Cases (A.M No. 15-06-10-SC) Get a copy. following:
There section pertaining to pre-trial and arraignment.
This became effective in 2017. These guidelines to first (1) Delay resulting from an examination of the
and second level courts, however, it does not apply to the physical and mental condition of the accused;
Rules on Summary Procedure.
(2) Delay resulting from proceedings with
Objectives: respect to other criminal charges against the
accused;
 To protect and advance the right of persons to speedy
dispositions in criminal cases. (3) Delay resulting from extraordinary remedies
 To introduce innovations and best practices for the against interlocutory orders;
parties.
(4) Delay resulting from pre-trial proceedings;
Procedure: provided, that the delay does not exceed thirty
(30) days;
 Trial shall be held from Monday to Thursday from
8:30 am to 2:00pm. (5) Delay resulting from orders of inhibition, or
 Motion for Inhibition is allowed and must be resolved proceedings relating to change of venue of cases
within two (2) calendar days. or transfer from other courts;
 Prohibited Motions shall be denied outright before the
schedules arraignment without need for comment or (6) Delay resulting from a finding of the
dispositions. existence of a prejudicial question; and

 Prohibited Motions (7) Delay reasonably attributable to any period,

o Motion for Judicial Determination of Probable not exceed thirty (30) days, during which any
Cause; proceeding which any proceeding concerning the
o Motion for Preliminary Investigation filed beyond accused is actually under advisement.
the five (5) day reglementary period
o Motion for Reinvestigation; (b) Any period of delay resulting from the absence or
o Motion to Quash Information when the ground is unavailability of an essential witness.
not one of those stated in Sec. 3, Rule 117;
o Motion for Bill of Particulars that does not For purposes of this subparagraph, an essential witness
conform with Sec. 9, Rule 116; shall be considered absent when his whereabouts are
o Motion to Suspend the Arraignment not one of the unknown or his whereabouts cannot be determined by due
ground in Sec. 11, Rule 116; and diligence. He shall be considered unavailable whenever
o Petition to Suspend the Criminal Action. his whereabouts are known but his presence for trial
o Motion for Postponement. cannot be obtained by due diligence.

 Meritorious Motions (c) Any period of delay resulting from the mental
o Motion to Withdraw Information; incompetence or physical inability of the accused to stand
o Motion to Downgrade the Charge; trial.
o Motion to Exclude the Accused Originally
Charged; (d) If the information is dismissed upon motion of the
o Motion to Quash the Warrant of Arrest; prosecution and thereafter a charge is filed against the
o Motion to Suspend the Arraignment based on the accused for the same offense, any period of delay from
ground of an unsound mental condition Sec. 11, the date the charge was dismissed to the date the time
Rule 116 limitation would commence to run as to the subsequent
o Motion to Quash Information; charge had there been no previous charge.
o Motion to Discharge Search Warrant
o Motion to Quash Search Warrant or Motion to (e) A reasonable period of delay when the accused is
Suppress Evidence joined for trial with a co-accused over whom the court has
o Motion to Dismiss on the Ground that the case is a not acquired jurisdiction, or, as to whom the time for trial
Strategic Law Suit Against Public Participation has not run and no motion for separate trial has been
under Rule 6 of Rules of Procedure for granted.
Environmental Cases.
(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

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such action outweigh the best interest of the public and (b) Upon receipt of that notice, the custodian of
the accused in a speedy trial. (sec. 9, cir. 38-98) the prisoner shall promptly advise the prisoner of
the charge and of his right to demand trial. If at
Section 4. Factors for granting continuance. — The anytime thereafter the prisoner informs his
following factors, among others, shall be considered by a custodian that he demands such trial, the latter
court in determining whether to grant a continuance under shall cause notice to that effect to sent promptly
section 3(f) of this Rule. to the public attorney.

(a) Whether or not the failure to grant a (c) Upon receipt of such notice, the public
continuance in the proceeding would likely make attorney shall promptly seek to obtain the
a continuation of such proceeding impossible or presence of the prisoner for trial.
result in a miscarriage of justice; and
(d) When the custodian of the prisoner receives
(b) Whether or not the case taken as a whole is from the public attorney a properly supported
so novel, unusual and complex, due to the request for the availability of the prisoner for
number of accused or the nature of the purposes of trial, the prisoner shall be made
prosecution, or that it is unreasonable to expect available accordingly. (sec. 12, cir. 38-98)
adequate preparation within the periods of time
established therein. Section 8. Sanctions. — In any case in which private
counsel for the accused, the public attorney, or the
In addition, no continuance under section 3(f) of this Rule prosecutor.
shall be granted because of congestion of the court's
calendar or lack of diligent preparation or failure to obtain (a) Knowingly allows the case to be set for trial
available witnesses on the part of the prosecutor. (sec. 10, without disclosing that a necessary witness
cir. 38-98) would be unavailable for trial;

Section 5. Time limit following an order for new trial. — (b) Files a motion solely for delay which he
If the accused is to be tried again pursuant to an order for knows is totally frivolous and without merit;
a new trial, the trial shall commence within thirty (30)
days from notice of the order, provided that if the period (c) Makes a statement for the purpose of
becomes impractical due to unavailability of witnesses obtaining continuance which he knows to be
and other factors, the court may extend it but not to false and which is material to the granting of a
exceed one hundred eighty (180) days from notice of said continuance; or
order for a new trial. (sec. 11, cir. 38-98)
(d) Willfully fails to proceed to trial without
Section 6. Extended time limit. — Notwithstanding the justification consistent with the provisions
provisions of section 1(g), Rule 116 and the preceding hereof, the court may punish such counsel,
section 1, for the first twelve-calendar-month period attorney, or prosecution, as follows:
following its effectivity on September 15, 1998, the time
limit with respect to the period from arraignment to trial (1) By imposing on a counsel privately
imposed by said provision shall be one hundred eighty retained in connection with the defense
(180) days. For the second twelve-month period, the limit of an accused, a fine not exceeding
shall be one hundred twenty (120) days, and for the third twenty thousand pesos (P20,000.00);
twelve-month period, the time limit shall be eighty (80)
days. (sec. 7, cir. 38-98)
(2) By imposing on any appointed
counsel de oficio, public attorney, or
Section 7. Public attorney's duties where accused is prosecutor a fine not exceeding five
imprisoned. — If the public attorney assigned to defend a thousand pesos (P5,000.00); and
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 (3) By denying any defense counsel or
charged with a non-bailable crime, or, is serving a term of prosecutor the right to practice before
imprisonment in any penal institution, it shall be his duty the court trying the case for a period not
to do the following: exceeding thirty (30) days. The
punishment provided for by this section
shall be without prejudice to any
(a) Shall promptly undertake to obtain the appropriate criminal action or other
presence of the prisoner for trial or cause a notice sanction authorized under these rules.
to be served on the person having custody of the (sec. 13, cir. 38-98)
prisoner requiring such person to so advise the
prisoner of his right to demand trial.
Section 9. Remedy where accused is not brought to trial
within the time limit. — If the accused is not brought to
trial within the time limit required by Section 1(g), Rule
116 and Section 1, as extended by Section 6 of this rule,
the information may be dismissed on motion of the
accused on the ground of denial of his right of speedy
trial. The accused shall have the burden of proving the

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motion but the prosecution shall have the burden of going arraignment that he is the person named as
forward with the evidence to establish the exclusion of defendant in the case on trial.
time under section 3 of this rule. The dismissal shall be  Q: Assailing the validity of the decisions of both trial
subject to the rules on double jeopardy. and appellate court, the petitioner questions the
decisions of both courts convicting him for violation
Failure of the accused to move for dismissal prior to trial of BP 22 on the ground that he was denied due
shall constitute a waiver of the right to dismiss under this process of law as the trial court proceeded with his
section. (sec. 14, cir. 38-98) trial and promulgated the assailed decision in
absentia. Is the petition meritorious?
Section 10. Law on speedy trial not a bar to provision on o A: NO. The holding of trial in absentia is
speedy trial in the Constitution. — No provision of law on authorized by law. Under Sec. 14 (2), Art. III of
speedy trial and no rule implementing the same shall be the 1987 Constitution, “after arraignment, trial may
interpreted as a bar to any charge of denial of the right to proceed notwithstanding the absence of the
speedy trial guaranteed by section 14(2), article III, of the accused provided that he has been duly notified
1987 Constitution. (sec. 15, cir. 38-98) and his failure to appear is unjustifiable.” The
failure of the accused to appear before the court in
spite of notice has been considered a waiver of
Section 11. Order of trial. — The trial shall proceed in
their right to be present at their trial, and the
the following order: [MEMORIZE]
inability of the court to notify them of the
subsequent hearings did not prevent it from
(a) The prosecution shall present evidence to continuing with their trial. They were deemed to
prove the charge and, in the proper case, the civil have received notice. Thereafter, the trial court had
liability. the duty to rule on the evidence presented by the
prosecution against all the accused and to render its
(b) The accused may present evidence to prove judgment accordingly (Bernardo vs. People, G.R.
his defense, and damages, if any, arising from No. 166980, April 4, 2007).
the issuance of a provisional remedy in the case.
Section 12. Application for examination of witness for
(c) The prosecution and the defense may, in that accused before trial. — When the accused has been held
order, present rebuttal and sur-rebuttal evidence to answer for an offense, he may, upon motion with notice
unless the court, in furtherance of justice, permits to the other parties, have witnesses conditionally
them to present additional evidence bearing upon examined in his behalf. The motion shall state: (a) the
the main issue. name and residence of the witness; (b) the substance of
his testimony; and (c) that the witness is sick or infirm as
(d) Upon admission of the evidence of the to afford reasonable ground for believing that he will not
parties, the case shall be deemed submitted for be able to attend the trial, or resides more than one
decision unless the court directs them to argue hundred (100) kilometers from the place of trial and has
orally or to submit written memoranda. no means to attend the same, or that other similar
circumstances exist that would make him unavailable or
(e) When the accused admits the act or omission prevent him from attending the trial. The motion shall be
charged in the complaint or information but supported by an affidavit of the accused and such other
interposes a lawful defense, the order of trial evidence as the court may require. (4a)
may be modified. (3a)
Section 13. Examination of defense witness; how made.
TRIAL IN ABSENTIA — 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
 Sec. 14 (2), Art. III of the Constitution provides that date, time and place and that a copy of the order be served
trial may proceed notwithstanding the absence of the on the prosecutor at least three (3) days before the
accused provided that he has been duly notified and scheduled examination. The examination shall be taken
his failure to appear is unjustifiable (Parada v. before a judge, or, if not practicable, a member of the Bar
Veneracion, A.M. No.RTJ-96-1353, March 11, 1997). in good standing so designated by the judge in the order,
 Requisites of trial in absentia: or if the order be made by a court of superior jurisdiction,
1) The accused has already been arraigned; before an inferior court to be designated therein. The
2) He has been duly notified of the trial; and examination shall proceed notwithstanding the absence of
3) His failure to appear is unjustified (Sec. 14(2), the prosecutor provided he was duly notified of the
Art. III, 1987 Constitution of the Philippines; hearing. A written record of the testimony shall be taken.
Bernardo v. People, G.R. No. 166980, April 4, (5a)
2007).
 Effects of trial in absentia Section 14. Bail to secure appearance of material
o The accused waives the right to present evidence witness. — When the court is satisfied, upon proof or
and cross-examine the witnesses against him. The oath, that a material witness will not testify when
accused’s waiver does not mean, however, that the required, it may, upon motion of either party, order the
prosecution is deprived of the right to require the witness to post bail in such sum as may be deemed proper.
presence of the accused for purposes of Upon refusal to post bail, the court shall commit him to
identification by the witnesses which is vital for prison until he complies or is legally discharged after his
conviction of the accused, except where he testimony has been taken. (6a)
unqualifiedly admits in open court after his

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Section 15. Examination of witness for the prosecution. included therein, the accused shall not be discharged if
— When it satisfactorily appears that a witness for the there appears good cause to detain him. In such case, the
prosecution is too sick or infirm to appear at the trial as court shall commit the accused to answer for the proper
directed by the order of the court, or has to leave the offense and dismiss the original case upon the filing of the
Philippines with no definite date of returning, he may proper information. (11a)
forthwith be conditionally examined before the court
where the case is pending. Such examination, in the Section 20. Appointment of acting prosecutor. — When a
presence of the accused, or in his absence after reasonable prosecutor, his assistant or deputy is disqualified to act
notice to attend the examination has been served on him, due to any of the grounds stated in section 1 of Rule 137
shall be conducted in the same manner as an examination or for any other reasons, the judge or the prosecutor shall
at the trial. Failure or refusal of the accused to attend the communicate with the Secretary of Justice in order that
examination after notice shall be considered a waiver. The the latter may appoint an acting prosecutor. (12a)
statement taken may be admitted in behalf of or against
the accused. (7a) Section 21. Exclusion of the public. — The judge
may, motu proprio, exclude the public from the courtroom
Section 16. Trial of several accused. — When two or if the evidence to be produced during the trial is offensive
more accused are jointly charged with any offense, they to decency or public morals. He may also, on motion of
shall be tried jointly unless the court, in its discretion and the accused, exclude the public from the trial, except court
upon motion of the prosecutor or any accused, orders personnel and the counsel of the parties. (13a)
separate trial for one or more accused. (8a)
Section 22. Consolidation of trials of related offenses. —
Section 17. Discharge of accused to be state witness. — Charges for offenses founded on the same facts or
When two or more persons are jointly charged with the forming part of a series of offenses of similar character
commission of any offense, upon motion of the may be tried jointly at the discretion of the court. (14a)
prosecution before resting its case, the court may direct
one or more of the accused to be discharged with their Section 23. Demurrer to evidence. — After the
consent so that they may be witnesses for the state when, prosecution rests its case, the court may dismiss the action
after requiring the prosecution to present evidence and the on the ground of insufficiency of evidence (1) on its own
sworn statement of each proposed state witness at a initiative after giving the prosecution the opportunity to be
hearing in support of the discharge, the court is satisfied heard or (2) upon demurrer to evidence filed by the
that: accused with or without leave of court.

(a) There is absolute necessity for the testimony If the court denies the demurrer to evidence filed with
of the accused whose discharge is requested; leave of court, the accused may adduce evidence in his
defense. When the demurrer to evidence is filed without
(b) The is no other direct evidence available for leave of court, the accused waives the right to present
the proper prosecution of the offense committed, evidence and submits the case for judgment on the basis
except the testimony of said accused; of the evidence for the prosecution. (15a)

(c) The testimony of said accused can be The motion for leave of court to file demurrer to evidence
substantially corroborated in its material points; shall specifically state its grounds and shall be filed within
a non-extendible period of five (5) days after the
(d) Said accused does not appear to be the most prosecution rests its case. The prosecution may oppose the
guilty; and motion within a non-extendible period of five (5) days
from its receipt.
(e) Said accused has not at any time been
convicted of any offense involving moral If leave of court is granted, the accused shall file the
turpitude. demurrer to evidence within a non-extendible period of
ten (10) days from notice. The prosecution may oppose
Evidence adduced in support of the discharge shall the demurrer to evidence within a similar period from its
automatically form part of the trial. If the court denies the receipt.
motion for discharge of the accused as state witness, his
sworn statement shall be inadmissible in evidence. (9a) The order denying the motion for leave of court to file
demurrer to evidence or the demurrer itself shall not be
Section 18. Discharge of accused operates as acquittal. reviewable by appeal or by certiorari before judgment.
— The order indicated in the preceding section shall (n)
amount to an acquittal of the discharged accused and shall
be a bar to future prosecution for the same offense, unless Section 24. Reopening. — At any time before finality of
the accused fails or refuses to testify against his co- the judgment of conviction, the judge may, motu
accused in accordance with his sworn statement proprio or upon motion, with hearing in either case,
constituting the basis for the discharge. (10a) reopen the proceedings to avoid a miscarrage of justice.
The proceedings shall be terminated within thirty (30)
Section 19. When mistake has been made in charging the days from the order grating it. (n)
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

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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. (1a)

 Judgment is the adjudication by the court that the

accused is guilty or not guilty of the offense charged
and the imposition of the proper penalty and civil
liability, if any (Sec. 1, Rule 120).
 Formal requisites:
1) Written in official language;
NOTE: If given verbally, it is incomplete (People
v. Catolico, G.R. No. L-31260, February 29,
1972).
2) Personally and directly prepared by the judge;
3) Signed by the judge; and
4) Contains clearly and distinctly a statement of the
facts and the law upon which it is based (Sec. 1,
Rule 120).

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. (2a)

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. (3a)

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
RULE 120 be convicted of the offense proved which is included in
Judgment the offense charged, or of the offense charged which is
included in the offense proved. (4a)

Section 1. Judgment definition and form. — Judgment is Q: Mr. A was charged with Murder. It proven that he only
the adjudication by the court that the accused is guilty or committed Homicide. Can he be charged for Homicide?

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A: YES. Because Homicide is necessarily included in the for leave of court to avail of these remedies. He shall
offense charged. state the reasons for his absence at the scheduled
promulgation and if he proves that his absence was for a
Q: What if Mr. A was charged for Slight Physical justifiable cause, he shall be allowed to avail of said
Injuries, but what was proven was Serious Physical remedies within fifteen (15) days from notice. (6a)
Injuries?
A: NO. The conviction of the penalty cannot be beyond  It is the official proclamation or announcement of
the crime charged. It would violate the constitutional right judgment. It is promulgated by reading it in the
to be informed. presence of the accused and any judge of the court
which it was rendered, or when the judgment is one of
NOTE: Basta anything that is lower than what is charged conviction for a light offense, in the presence of the
tapos “necessarily included” PWEDE. But if higher than accused’s counsel or representative(Sec. 6, Rule 120).
what is charged whether or not “necessarily included”  KAILANGAN BA TANAN PAGES BASAHON?
DILI PWEDE. NO. The judge is allowed to only read pertinent
portions.
When can we say if the offense is “necessarily  IS THE PRESENCE OF THE ACCUSED
included” in the offense charged? (Sec. 5, Rule 120) REQUIRED DURING THE PROMULGATION?
GR: YES.
Section 5. When an offense includes or is included in XPN:
another. — An offense charged necessarily includes the 1) When the judgment for acquittal;
offense proved when some of the essential elements or 2) If it is for conviction for light offenses;
ingredients of the former, as alleged in the complaint or 3) Promulgation of judgment when the accuses is
information, constitute the latter. And an offense charged Tried in Absencia.
is necessarily included in the offense proved, when the 
essential ingredients of the former constitute or form a
part of those constituting the latter. (5a)
Section 7. Modification of judgment. — A judgment of
conviction may, upon motion of the accused, be modified
Section 6. Promulgation of judgment. — The judgment is or set aside before it becomes final or before appeal is
promulgated by reading it in the presence of the accused perfected. Except where the death penalty is imposed, a
and any judge of the court in which it was rendered. judgment becomes final after the lapse of the period for
However, if the conviction is for a light offense, the perfecting an appeal, or when the sentence has been
judgment may be pronounced in the presence of his partially or totally satisfied or served, or when the accused
counsel or representative. When the judge is absent or has waived in writing his right to appeal, or has applied
outside of the province or city, the judgment may be for probation. (7a)
promulgated by the clerk of court.
Section 8. Entry of judgment. — After a judgment has
If the accused is confined or detained in another province become final, it shall be entered in accordance with Rule
or city, the judgment may be promulgated by the 36. (8)
executive judge of the Regional Trial Court having
jurisdiction over the place of confinement or detention
Section 9. Existing provisions governing suspension of
upon request of the court which rendered the judgment.
sentence, probation and parole not affected by this Rule.
The court promulgating the judgment shall have authority
— Nothing in this Rule shall affect any existing
to accept the notice of appeal and to approve the bail bond
provisions in the laws governing suspension of sentence,
pending appeal; provided, that if the decision of the trial
probation or parole. (9a)
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

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of fact. The court may hear evidence on the motion by

affidavits or otherwise (Sec. 5, Rule 121, Rules of
Court).
 Grounds for New Trial
1) Errors of law or irregularities prejudicial to the
substantial rights of the accused have been
committed during the trial; or
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(Sec. 2, Rule121).

REQUISITES BEFORE A NEW TRIAL MAY BE

GRANTED ON GROUND OF NEWLY
DISCOVERED EVIDENCE (Berry Rule)
RULE 121
New Trial or Reconsideration 1) The evidence was discovered after trial;
2) Such evidence could not have been discovered and
produced at the trial even with the exercise of
Section 1. New trial or reconsideration. — At any time reasonable diligence;
before a judgment of conviction becomes final, the court 3) It is new and material; and
may, on motion of the accused or at its own instance but 4) The evidence is of such a weight that it would
with the consent of the accused, grant a new trial or probably change the judgment if admitted (Herrera,
reconsideration. (1a) 2007).

Section 3. Ground for reconsideration. — The court shall

MOTION FOR NEW MOTION FOR
grant reconsideration on the ground of errors of law or
TRIAL RECONSIDERATION
fact in the judgment, which requires no further
Reopens the case after Does not open the case for
proceedings. (3a)
judgment has been further proceedings.
rendered, in order to allow
reception of new evidence
and further proceedings.
Only proper after rendition The court is merely asked Reconsideration
or promulgation of to reconsider its finding of
judgment. law in order to make them  May be filed in order to correct errors of law or fact in
conformable to the law the judgment. It does not require any further
applicable to the case. proceeding.
 Grounds for Reconsideration
1) Errors of law in the judgment which requires no
further proceedings; or
Section 2. Grounds for a new trial. — The court shall 2) Errors of fact in the judgment which requires no
grant a new trial on any of the following grounds: further proceedings (Sec. 3, Rule121).

(a) The errors of law or irregularities prejudicial Recantation vs. Affidavit of Desistance
to the substantial rights of the accused have been
committed during the trial; Recantation Affidavit of Desistance
A witness who previously The complainant states that
(b) The new and material evidence has been gave a testimony he did not really intend to
discovered which the accused could not with subsequently declares that institute the case and he is
reasonable diligence have discovered and his statements are untrue no longer interested in
produced at the trial and which if introduced and publicly (People v. testifying or prosecuting.
admitted would probably change the judgment. Ballabare, G.R. No.
(2a) 108871, November 19,
1996).
GR: It is not a ground for It is not by itself a ground
granting a new trial and are for dismissal of the action.
hardly given weight (People v. Ramirez, G.R.
New trial
Nos. 150079-80, June 10,
XPN: When there is no 2004)
 Rehearing of a case already decided but before the evidence sustaining the
judgment of conviction therein rendered has become judgment of conviction It is merely an additional
final, whereby errors of law or irregularities are other than the testimony of ground to buttress the
expunged from the record or new evidence is the recanting witness (Tan defense and not a sole
introduced, or both steps are taken. Ang Bun v. CA, G.R. No. consideration for acquittal
 NOTE: A hearing shall be conducted when the L-47747, February 15, (People v. Ballabare, G.R.
motion for new trial calls for a resolution of a question

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 The raison d’être for the "fresh period rule" is to

1990). No. 108871, November 19, standardize the appeal period provided in the Rules
1996) and do away with the confusion as to when the 15-day
appeal period should be counted.
New Trial vs. Reopening of the Case  The new rule aims to regiment or make the appeal
period uniform, to be counted from the receipt or the
order denying the motion for new trial, motion for
New Trial Re-Opening of the Case reconsideration (whether full or partial) or any final
Filed after judgment is Made by the court before order of resolution (Neypes v. Court of Appeals, 469
rendered but before the the judgment is rendered in SCRA 633, 644- 645, September 14, 2005).
finality thereof. the exercise of sound
discretion.
Made by the court on Does not require the
Section 4. Form of motion and notice to the prosecutor.
motion of the accused or at consent of the accused;
— The motion for a new trial or reconsideration shall be
its own instance but with may be at the instance of
in writing and shall state the grounds on which it is based.
the consent of the accused. either party who can
If based on a newly-discovered evidence, the motion must
thereafter present
be supported by affidavits of witnesses by whom such
additional evidence.
evidence is expected to be given or by duly authenticated
copies of documents which are proposed to be introduced
EFFECTS OF GRANTING A NEW TRIAL OR in evidence. Notice of the motion for new trial or
RECONSIDERATION reconsideration shall be given to the prosecutor. (4a)

 In all cases, when the court grants a new trial or Section 5. Hearing on motion. — Where a motion for a
reconsideration, the original judgment shall be set new trial calls for resolution of any question of fact, the
aside or vacated and a new judgment rendered court may hear evidence thereon by affidavits or
accordingly. otherwise. (5a)
 The other effects would depend upon the ground
availed of in granting the new trial or reconsideration, Section 6. Effects of granting a new trial or
thus: reconsideration. — The effects of granting a new trial or
reconsideration are the following:
1) Errors of law or irregularities committed during
the trial (a) When a new trial is granted on the ground of
a. All proceedings and evidence not affected errors of law or irregularities committed during
by such errors and irregularities shall stand; the trial, all proceedings and evidence affected
b. Those affected shall be set aside and taken thereby shall be set aside and taken anew. The
anew; and court may, in the interest of justice, allow the
c. In the interest of justice, the court may introduction of additional evidence.
allow the introduction of additional
evidence.
(b) When a new trial is granted on the ground of
newly-discovered evidence, the evidence already
2) Newly discovered evidence adduced shall stand and the newly-discovered
a. The evidence already taken shall stand; and and such other evidence as the court may, in the
b. Newly discovered and other evidence as the interest of justice, allow to be introduced shall be
court may, in the interest of justice, allow to taken and considered together with the evidence
be introduced, shall be taken and considered already in the record.
together with the evidence already in the
record (Sec. 6, Rule121).
(c) In all cases, when the court grants new trial or
reconsideration, the original judgment shall be
NOTE: set aside or vacated and a new judgment
 The effect of granting a new trial is not to acquit the rendered accordingly. (6a)
accused of the crime of which the judgment finds him
guilty but precisely to set aside said judgment so that
the case may be tried de novo as if no trial had been
had before.

APPLICATION OF NEYPES DOCTRINE IN

CRIMINAL CASES (The Neypes Rule – fresh period
rule)

 The period for appeal is not only within 15 days from

notice of the judgment but also within 15 days from
notice of the final order appealed from.
 NOTE: A fresh period of 15 days to appeal is counted
from the denial of the motion for reconsideration or
new trial (Neypes v. CA, G.R. No. 141524, September
14, 2005).

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RULE 122
Appeal

Section 1. Who may appeal. — Any party may appeal

from a judgment or final order, unless the accused will be
placed in double jeopardy. (2a)

Appeal
 It is a proceeding for review by which the whole case
is transferred to the higher court for a final
determination. The right of appeal is a mere statutory
privilege. Only final judgments and orders are
appealable.

Period to take an appeal

 It must be taken within 15 days from promulgation of
judgment or from notice of final order appealed from
(Sec. 6, Rule 122).

Who may appeal?

 Any party may appeal from a judgment or final order,
unless the accused will be placed in double jeopardy
(Sec. 1, Rule 122).

NOTE:
 The authority to represent the State in appeals of
criminal cases before the Court of Appeals and the
Supreme Court is solely vested in the Solicitor
General.

Effect of appeal by the accused

 When the accused appeals his conviction, 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

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(Philippine Rabbit Bus Lines, Inc. v. People, GR No. 3) Misinterpreted; or

147703 April 14, 2004). 4) The court gravely abused its discretion
EFFECT OF AN APPEAL WHERE TO APPEAL
 An appeal in a criminal case opens the whole case for  Appeals shall be taken before the:
review and this includes the review of penalty,
1) To the RTC, in cases decided by the MTC,
indemnity, and the damages involved. Consequently,
MTCC, MeTC, or MCTC;
on appeal, the appellate court may increase the penalty
and indemnity of damages awarded by the trial court 2) To the CA or to the SC in the proper cases
although the offended party had not appealed from provided by law, in cases decided by the RTC;
said award, and the party who sought a review of the 3) To the SC, in cases decided by the CA (Sec. 2,
decision was the accused. Rule122);
4) To the SC, in cases decided by CTA en banc (Sec.
Effect of perfection of appeal with regard to the 1 Rule 116 A.M. No. 05-11-07-CTA);
jurisdiction of the court 5) To the SC, in cases decided by Sandiganbayan
 Once an appeal in a case, whether civil or criminal, (Sec. 1 Rule 45).
has been perfected, the court a quo loses jurisdiction
over the case both over the record and over the subject Service of notice of appeal
of the case (Director of Prisons v. Teodoro, G.R. No.  GR: Notice of appeal should be served upon the
L-9043, July 30, 1955). Failure to serve a copy to the adverse party or his counsel by personal service.
prosecutor is not a defect which can nullify the appeal  XPN: If personal service cannot be made, through:
or prejudice the unquestionable rights of the accused. 1) Registered mail; or
2) By substituted service pursuant to Secs. 7 and 8 of
Effects of failure to prosecute an appeal
Rule 13 (Sec. 4, Rule122)
1) Judgment of the court becomes final.
3) By publication, made in a newspaper of general
2) Accused cannot be afforded the right to appeal unless: circulation in the vicinity once a week for a period
a. He voluntarily submits to the jurisdiction of the not exceeding 30 days.(Pamaran, 2010).
court; or
b. He is otherwise arrested within 15 days from
notice of judgment against him.  NOTE: The appellee may waive his right to notice of
appeal. However, the appellate court may, in its
Appeal not mooted by accused’s release on parole discretion, entertain an appeal notwithstanding failure
to give such notice if the interests of justice so require
 Parole is not one of the modes of totally extinguishing
(Sec. 5, Rule 122).
criminal liability under Article 89 of the RPC.
 NOTE: Parole refers to the conditional release of an
Period to withdraw an appeal
offender from a correctional institution after he serves
the minimum term of his prison sentence. 1) An appellant may withdraw his appeal before the
record has been forwarded by the clerk of court to
Appeal from the civil aspect the proper appellate court as provided by Sec. 8,
Rule 122, in which case the judgment shall become
1) The appeal of the offended party from the civil aspect
final (Sec. 12, Rule 122).
shall not affect the criminal aspect of the judgment or
order appealed from. 2) The court may also, in its discretion, allow the
appellant to withdraw his appeal, provided a motion
2) The appeal period accorded to the accused should also
to that effect is filed before the rendition of the
be available to the offended party who seeks redress of
judgment in the case on appeal (Sec. 12, Rule 122).
the civil aspect of the decision. The period to appeal
granted to the offended party is the same as that
granted to the accused (Riano, 2016 citing Ching v.
Probation
Nicdao, 522 SCRA 316, 353, April 27, 2007).
 The court may, after it shall have convicted and
sentenced a defendant within the period for perfecting
an appeal, suspend the execution of the sentence and
Death of the accused pending appeal
place the defendant on probation for such period and
 Upon the death of the accused pending appeal of his
conditions it may deem best. No application for
conviction, the criminal action is extinguished
probation shall be entertained or granted if the
inasmuch as there is no longer a defendant to stand as
defendant has perfected an appeal from the judgment
the accused; the civil action instituted therein for the
of conviction (Sec. 4, PD 968 as amended).Therefore,
recovery of civil liability ex delicto is ipso facto
that an appeal should not bar the accused from
extinguished, grounded as it is on the criminal action
applying for probation if the appeal is taken solely to
(People v. Paras, G.R. No. 192912, October 3, 2014).
reduce the penalty (in order to “qualify” for probation)
is contrary to the clear and express mandate of the law
Factual findings of the trial court
(Boado, 2015).
 GR: The trial court’s factual findings are accorded
great respect and even conclusive effect if duly
 NOTE: Appeal and probation are mutually exclusive
supported by evidence.
remedies. Implicit in an application for probation is an
 XPNs: When facts or circumstances of weight and admission of guilt (Almero v. People, GR No. 188191,
substance have been: March 12, 2014).
1) Overlooked;
2) Misapprehended; Stay of execution

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 Upon perfection of the appeal, the execution of the formally required for the perfection of an appeal were
judgment or final order appealed from shall be stayed taken in due time, appeal may be given due course,
as to the appealing part [Sec. 11 [c], Rule 122, Rules without prejudice to requiring the appellant to file the
of Court]. necessary petition for review on certiorari which is
 NOTE: The benefit of the stay of execution afforded also a form of appeal. (People v. Resuello, G.R. No.
to a co-accused, who timely files an appeal, cannot be L30165, February 23, 1971)
extended to those who failed to file the same. Thus,
the period to appeal continued to run against the Rule if the opinion of the Supreme Court en banc is
accused who did not appeal even if his co-accused equally divided
appealed (Riano, 2016).  When the SC en banc is equally divided in opinion or
the necessary majority cannot be had on whether to
EFFECT OF APPEAL BY ANY OF SEVERAL acquit the appellant, the case shall again be
ACCUSED deliberatedupon and if no decision is reached after re-
 Appeal taken by any of the several accused shall have deliberation, the judgment of conviction of the lower
the following effects: court shall be reversed and the accused acquitted (Sec.
3, Rule 125, Rules of Court)
1) It shall not affect those who did not appeal, except
insofar as the judgment of the appellate court is
favorable and applicable to the latter (People v. Section 2. Where to appeal. — The appeal may be taken
Gandia, G.R. No. 175332, February 6, 2008; as follows:
Garces v. People, G.R. No. 173858, July 17,
2007); (a) To the Regional Trial Court, in cases decided
2) The appeal of the offended party from the civil by the Metropolitan Trial Court, Municipal Trial
aspect shall not affect the criminal aspect of the Court in Cities, Municipal Trial Court, or
judgment or order appealed from; and Municipal Circuit Trial Court;
3) Upon perfection of the appeal, the execution of
the judgment or final order appealed from shall be (b) To the Court of Appeals or to the Supreme
stayed as to the appealing party (Sec. 11, Rule Court in the proper cases provided by law, in
122). cases decided by the Regional Trial Court; and

 NOTE: In People v. Olivo (G.R. No. 177768, July 27, (c) To the Supreme Court, in cases decided by
2009), an accused has benefitted from the acquittal of the Court of Appeals. (1a)
his co-accused despite the former’s failure to appeal
from the judgment.
Section 3. How appeal taken. —
GROUNDS FOR DISMISSAL OF APPEAL
1) Failure of the appellant to serve and file the required (a) The appeal to the Regional Trial Court, or to
the Court of Appeals in cases decided by the
number of copies of his brief of memorandum within
Regional Trial Court in the exercise of its
the time provided by these Rules;
original jurisdiction, shall be taken by filing a
2) Appellant escapes from prison or confinement, jumps notice of appeal with the court which rendered
bail or flees to a foreign country during the pendency the judgment or final order appealed from and by
of the appeal. serving a copy thereof upon the adverse party.
3) Failure of the record on appeal to show on its face that
the appeal was taken within the period fixed by these (b) The appeal to the Court of Appeals in cases
Rules; decided by the Regional Trial Court in the
4) Failure to file the notice of appeal or the record on exercise of its appellate jurisdiction shall be by
appeal within the period prescribed by these Rules; petition for review under Rule 42.
5) Failure of the appellant to pay the docket and other
lawful fees as provided in Sec. 5 of Rule 40 and Sec. 4 (c) The appeal to the Supreme Court in cases
of Rule 41; where the penalty imposed by the Regional Trial
6) Unauthorized alterations, omissions or additions in the Court is death, reclusion perpetua, or life
approved record on appeal as provided in Sec. 4 of imprisonment, or where a lesser penalty is
Rule 44; imposed but for offenses committed on the same
7) Absence of specific assignment of errors in the occasion or which arose out of the same
appellant’s brief, or of page references to the record as occurrence that gave rise to the more serious
required in Sec. 13, paragraphs (a), (c), (d) and (f) of offense for which the penalty of death, reclusion
Rule 44; and perpetua, or life imprisonment is imposed, shall
8) Failure of the appellant to take the necessary steps for be by filing a notice of appeal in accordance with
the correction or completion of the record within the paragraph (a) of this section.
time limited by the court in its order.
(d) No notice of appeal is necessary in cases
Erroneous mode of appeal where the death penalty is imposed by the
 In cases where the contention of the adverse party that Regional Trial Court. The same shall be
the ordinary appeal filed by appellant be dismissed automatically reviewed by the Supreme Court as
because the proper remedy is petition for review on provided in section 10 of this Rule.
certiorari was rejected. The Supreme Court said that in
cases similarly situated, and as long as the steps

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(e) Except as provided in the last paragraph of of the Regional Trial Court shall notify the
section 13, Rule 124, all other appeals to the parties of such fact.
Supreme Court shall be by petition for review
on certiorari under Rules 45. (3a) (c) Within fifteen (15) days from receipt of the
said notice, the parties may submit memoranda
Section 4. Publication of notice of appeal. — If personal or briefs, or may be required by the Regional
service of the copy of the notice of appeal can not be Trial Court to do so. After the submission of
made upon the adverse party or his counsel, service may such memoranda or briefs, or upon the expiration
be done by registered mail or by substituted service of the period to file the same, the Regional Trial
pursuant to sections 7 and 8 of Rule 13. (4a) Court shall decide the case on the basis of the
entire record of the case and of such memoranda
Section 5. Waiver of notice. — The appellee may waive or briefs as may have been filed. (9a)
his right to a notice that an appeal has been taken. The
appellate court may, in its discretion, entertain an appeal Section 10. Transmission of records in case of death
notwithstanding failure to give such notice if the interests penalty. — In all cases where the death penalty is
of justice so require. (5a) imposed by the trial court, the records shall be forwarded
to the Supreme Court for automatic review and judgment
Section 6. When appeal to be taken. — An appeal must within five (5) days after the fifteenth (15) day following
be taken within fifteen (15) days from promulgation of the the promulgation of the judgment or notice of denial of a
judgment or from notice of the final order appealed from. motion for new trial or reconsideration. The transcript
This period for perfecting an appeal shall be suspended shall also be forwarded within ten (10) days after the
from the time a motion for new trial or reconsideration is filing thereof by the stenographic reporter. (10a)
filed until notice of the order overruling the motion shall
have been served upon the accused or his counsel at Section 11. Effect of appeal by any of several accused. —
which time the balance of the period begins to run. (6a) (MEMORIZE)

Section 7. Transcribing and filing notes of stenographic (a) An appeal taken by one or more of several
reporter upon appeal. — When notice of appeal is filed accused shall not affect those who did not
by the accused, the trial court shall direct the stenographic appeal, except insofar as the judgment of the
reporter to transcribe his notes of the proceedings. When appellate court is favorable and applicable to the
filed by the People of the Philippines, the trial court shall latter;
direct the stenographic reporter to transcribe such portion
of his notes of the proceedings as the court, upon motion, (b) The appeal of the offended party from the
shall specify in writing. The stenographic reporter shall civil aspect shall not affect the criminal aspect of
certify to the correctness of the notes and the transcript the judgment or order appealed from.
thereof, which shall consist of the original and four
copies, and shall file the original and four copies with the (c) Upon perfection of the appeal, the execution
clerk without unnecessary delay. of the judgment or final order appealed from
shall be stayed as to the appealing party. (11a)
If death penalty is imposed, the stenographic reporter
shall, within thirty (30) days from promulgation of the Section 12. Withdrawal of appeal. — Notwithstanding
sentence, file with the clerk original and four copies of the the perfection of the appeal, the Regional Trial Court,
duly certified transcript of his notes of the proceedings. Metropolitan Trial Court, Municipal Trial Court in Cities,
No extension of time for filing of said transcript of Municipal Trial Court, or Municipal Circuit Trial Court,
stenographic notes shall be granted except by the Supreme as the case may be, may allow the appellant to withdraw
Court and only upon justifiable grounds. (7a) his appeal before the record has been forwarded by the
clerk of court to the proper appellate court as provided in
Section 8. Transmission of papers to appellate court upon section 8, in which case the judgment shall become final.
appeal. — Within five (5) days from the filing of the The Regional Trial Court may also, in its discretion, allow
notice of appeal, the clerk of the court with whom the the appellant from the judgment of a Metropolitan Trial
notice of appeal was filed must transmit to the clerk of Court, Municipal Trial Court in Cities, Municipal Trial
court of the appellate court the complete record of the Court, or Municipal Circuit Trial Court to withdraw his
case, together with said notice. The original and three appeal, provided a motion to that effect is filed before
copies of the transcript of stenographic notes, together rendition of the judgment in the case on appeal, in which
with the records, shall also be transmitted to the clerk of case the judgment of the court of origin shall become final
the appellate court without undue delay. The other copy of and the case shall be remanded to the latter court for
the transcript shall remain in the lower court. (8a) execution of the judgment. (12a)

Section 9. Appeal to the Regional Trial Courts. —

(a) Within five (5) days from perfection of the

appeal, the clerk of court shall transmit the
original record to the appropriate Regional Trial
Court.

(b) Upon receipt of the complete record of the

case, transcripts and exhibits, the clerk of court

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Section 13. Appointment of counsel de oficio for accused

on appeal. — It shall be the duty of the clerk of the trial
court, upon filing of a notice of appeal, to ascertain from
the appellant, if confined in prison, whether he desires the
Regional Trial Court, Court of Appeals or the Supreme
Court to appoint a counsel de oficio to defend him and to
transmit with the record on a form to be prepared by the
clerk of court of the appellate court, a certificate of
compliance with this duty and of the response of the
appellant to his inquiry. (13a)

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extension is filed before the expiration of the time sought

to be extended. (5a)

Section 6. Form of briefs. — 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. (6a)

RULE 123 Section 7. Contents of brief. — The briefs in criminal

Procedure in the Municipal Trial Courts cases shall have the same contents as provided in sections
13 and 14 of Rule 44. A certified true copy of the decision
Section 1. Uniform Procedure. — The procedure to be or final order appealed from shall be appended to the brief
observed in the Metropolitan Trial Courts, Municipal of appellant. (7a)
Trial Courts and Municipal Circuit Trial Courts shall be
the same as in the Regional Trial Courts, except where a Section 8. Dismissal of appeal for abandonment or
particular provision applies only to either of said courts failure to prosecute. — The Court of Appeals may, upon
and in criminal cases governed by the Revised Rule on motion of the appellee or motu proprio and with notice to
Summary Procedure. (1a) 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.
RULE 124
Procedure in the Court of Appeals 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
Section 1. Title of the case. — In all criminal cases or flees to a foreign country during the pendency of the
appealed to the Court of Appeals, the party appealing the appeal. (8a)
case shall be called the "appellant" and the adverse party
the "appellee," but the title of the case shall remain as it Section 9. Prompt disposition of appeals. — Appeals of
was in the court of origin. (1a) accused who are under detention shall be given
precedence in their disposition over other appeals. The
Section 2. Appointment of counsel de oficio for the Court of Appeals shall hear and decide the appeal at the
accused. — If it appears from the record of the case as earliest practicable time with due regard to the rights of
transmitted that (a) the accused is confined in prison, (b) the parties. The accused need not be present in court
is without counsel de parte on appeal, or (c) has signed during the hearing of the appeal. (9a)
the notice of appeal himself, the clerk of court of the
Court of Appeals shall designate a counsel de oficio. Section 10. Judgment not to be reversed or modified
except for substantial error. — No judgment shall be
An appellant who is not confined in prison may, upon reversed or modified unless the Court of Appeals, after an
request, be assigned a counsel de oficio within ten (10) examination of the record and of the evidence adduced by
days from receipt of the notice to file brief and he the parties, is of the opinion that error was committed
establishes his right thereto. (2a) which injuriously affected the substantial rights of the
appellant. (10a)
Section 3. When brief for appellant to be filed. — Within
thirty (30) days from receipt by the appellant or his Section 11. Scope of judgment. — The Court of Appeals
counsel of the notice from the clerk of court of the Court may reverse, affirm, or modify the judgment and increase
of Appeals that the evidence, oral and documentary, is or reduce the penalty imposed by the trial court, remand
already attached to the record, the appellant shall file the case to the Regional Trial Court for new trial or retrial,
seven (7) copies of his brief with the clerk of court which or dismiss the case. (11a)
shall be accompanied by proof of service of two (2)
copies thereof upon the appellee. (3a) Section 12. Power to receive evidence — The Court of
Appeals shall have the power to try cases and conduct
Section 4. When brief for appellee to be filed; reply brief hearings, receive evidence and perform any and all acts
of the appellant. — Within thirty (30) days from the necessary to resolve factual issues raised in cases (a)
receipt of the brief of the appellant, the appellee shall file falling within its original jurisdiction, (b) involving claims
seven (7) copies of the brief of the appellee with the clerk for damages arising from provisional remedies, or (c)
of court which shall be accompanied by proof of service where the court grants a new trial based only on the
of two (2) copies thereof upon the appellant. ground of newly-discovered evidence. (12a)

Within twenty (20) days from receipt of the brief of the Section 13. Quorum of the court; certification or appeal
appellee, the appellant may file a reply brief traversing of cases to Supreme Court. — Three (3) Justices of the
matters raised in the former but not covered in the brief of Court of Appeals shall constitute a quorum for the
the appellant. (4a) sessions of a division. The unanimous vote of the three (3)
Justices of a division shall be necessary for the
Section 5. Extension of time for filing briefs. — Extension pronouncement of a judgment or final resolution, which
of time for the filing of briefs will not be allowed except shall be reached in consultation before the writing of the
for good and sufficient cause and only if the motion for opinion by a member of the division. In the event that the

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three (3) Justices can not reach a unanimous vote, the Section 1. Uniform procedure. — Unless otherwise
Presiding Justice shall direct the raffle committee of the provided by the Constitution or by law, the procedure in
Court to designate two (2) additional Justices to sit the Supreme Court in original and in appealed cases shall
temporarily with them, forming a special division of five be the same as in the Court of Appeals. (1a)
(5) members and the concurrence of a majority of such
division shall be necessary for the pronouncement of a Section 2. Review of decisions of the Court of Appeals. —
judgment or final resolution. The designation of such The procedure for the review by the Supreme Court of
additional Justices shall be made strictly by raffle and decisions in criminal cases rendered by the Court of
rotation among all other Justices of the Court of Appeals. Appeals shall be the same as in civil cases. (2a)

Whenever the Court of Appeals finds that the penalty of Section 3. Decision if opinion is equally divided. —
death, reclusion perpetua, or life imprisonment should be When the Supreme Court en banc is equally divided in
imposed in a case, the court, after discussion of the opinion or the necessary majority cannot be had on
evidence and the law involved, shall render judgment whether to acquit the appellant, the case shall again be
imposing the penalty of death, reclusion perpetua, or life deliberated upon and if no decision is reached after re-
imprisonment as the circumstances warrant. However, it deliberation, the judgment of conviction of the lower
shall refrain from entering the judgment and forthwith court shall be reversed and the accused acquitted. (3a)
certify the case and elevate the entire record thereof to the
Supreme Court for review. (13a)

Section 14. 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. (14a)

Section 15. 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. (15a) RULE 126
Search and Seizure
Section 16. Reconsideration. — A motion for
reconsideration shall be filed within fifteen (15) days after Section 1. Search warrant defined. — A search warrant is
from notice of the decision or final order of the Court of an order in writing issued in the name of the People of the
Appeals, with copies served upon the adverse party, Philippines, signed by a judge and directed to a peace
setting forth the grounds in support thereof. The mittimus officer, commanding him to search for personal property
shall be stayed during the pendency of the motion for described therein and bring it before the court. (1)
reconsideration. No party shall be allowed a second
motion for reconsideration of a judgment or final order.  It is an:
(16a) 1. Order in writing issued in the name of the People
of the Philippines;
Section 17. Judgment transmitted and filed in trial court. 2. Signed by a judge; and
— When the entry of judgment of the Court of Appeals is 3. Directed to a peace officer, commanding him to:
issued, a certified true copy of the judgment shall be a) Search for personal property described
attached to the original record which shall be remanded to therein; and
the clerk of the court from which the appeal was taken. b) Bring it before the court (Sec. 1, Rule 126)
(17a)  General warrant is NOT valid
o A search warrant which vaguely describes and
Section 18. Application of certain rules in civil to does not particularize the personal properties to
criminal cases. — The provisions of Rules 42, 44 to 46 be seized without definite guidelines to the
and 48 to 56 relating to procedure in the Court of Appeals searching team as to what items might be
and in the Supreme Court in original and appealed civil lawfully seized, thus giving the officers of the
cases shall be applied to criminal cases insofar as they are law discretion regarding what articles they
applicable and not inconsistent with the provisions of this should seize. A general warrant is not valid as it
Rule. (18a) infringes on the constitutional mandate requiring
particular description of the things to be seized.
 Scatter-shot search warrant NOT valid
o It is a warrant issued for more than one offense.
It is invalid because it violates what the law
RULE 125
requires in a warrant of arrest. NOTE: There
Procedure in the Supreme Court
must be strict compliance with the constitutional
and statutory requirements. Otherwise, it is void.
No presumptions of regularity are to be invoked
in aid of the process when an officer undertakes
to justify it (People v. Veloso, G.R. No. 23051,
October 20, 1925).It will always be construed

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strictly without going the full length of requiring for the issuance of a warrant of arrest. The violation of the
technical accuracy. right to privacy produces a humiliating effect which
 Requisites: cannot be rectified anymore. This is why there is no other
1) It must be issued upon probable cause; justification for a search, except a warrant. On the other
2) Probable cause must be determined by the issuing hand, in a warrant of arrest, the person to be arrested can
judge personally; always post bail to prevent the deprivation of liberty.
3) The judge must have personally examined, in the
form of searching questions and answers, the  Search vs. Seizure
applicant and his witnesses; o Search is an examination of a man’s house or
4) The search warrant must particularly describe or other buildings or premises or of his person for the
identify the property to be seized as far as the discovery of contraband or illicit or stolen property
circumstances will ordinarily allow; or some evidence of guilt to be used in the
5) The warrant issued must particularly describe the prosecution of a criminal action for some offense
place to be searched and the persons or things to with which he is charged.
be seized; o Seizure, on the other hand, is the physical taking
6) It must be in connection with one specific offense; of a thing into custody.
and
7) The sworn statements together with the affidavits Section 2. Court where application for search warrant
submitted by witnesses must be attached to the shall be filed. — An application for search warrant shall
record (Prudente v. Dayrit, G.R. No. 82870, be filed with the following:
December 14, 1989).
8) It must not have been issued for more than ten
a) Any court within whose territorial jurisdiction
(10) days prior to the issuance thereto.
a crime was committed.
NOTE: The warrant must not have been issued more
than 10 days.
b) For compelling reasons stated in the
 Warrant of Arrest v. Search Warrant application, any court within the judicial region
where the crime was committed if the place of
Warrant of Arrest Search Warrant the commission of the crime is known, or any
Order directed to the peace Order in writing in the court within the judicial region where the
officer to execute the name of the People of the warrant shall be enforced.
warrant by taking the Philippines signed by the
person stated therein into judge and directed to the However, if the criminal action has already been filed, the
custody so that he may be peace officer to search application shall only be made in the court where the
bound to answer for the personal property described criminal action is pending. (n)
commission of the offense. therein and to bring it to
court
Does not become stale Validity is for 10 days Court where an application for a search warrant is
only. filed
May be served on any day To be served only in  GR: It should be filed with a court within whose
and at any time of day or daytime unless the territorial jurisdiction the crime was committed [Sec.2
night. affidavit alleges that the (a), Rule 126].
property is on the person or  XPNs:
in the place to be searched. 1. For compelling reasons, any court within the
Searching examination of The judge must personally judicial region where the crime was committed if
witnesses is not necessary. conduct an examination of the place of the commission of the crime is
the complainant and the known, or any court within the judicial region
witnesses. where the warrant shall be enforced;
Judge is merely called upon Examination must be
to examine and evaluate the probing. Not enough to NOTE: Filing in such courts requires compelling
report of the prosecutor and merely adopt the questions reasons stated in the application. The rule is of a
the evidence. and answers asked by a mandatory nature (Pilipinas Shell Petroleum
previous investigator. Corporation v. Romars International Gases
Concerned with the seizure Concerned with the seizure Corporation, G.R. No. 189669, February 16,
of a person so he may be of personal property 2015).
made to answer for the subject of the offense,
commission of an offense. stolen or embezzled 2. However, if the criminal action has been filed, the
It involves taking of a property, fruits of the application shall only be made in the court where
person into custody. offense, or those intended the criminal action is pending (Sec. 2, Rule126);
to be used to commit an and
offense.
Presupposes the existence Does not require the 3. In case of search warrant involving heinous
of a pending criminal case existence of a criminal crimes, illegal gambling, illegal possession of
that gave rise to the case. It may be issued prior firearms and ammunitions as well as violations of
warrant. to the filing of the case. the Comprehensive Dangerous Drugs Act of
2002, the Intellectual Property Code, the Anti-
NOTE: In general, the requirements for the issuance of a Money Laundering Act of 2001, the Tariff and
search warrant are more stringent than the requirements Customs Code, the Executive judges and

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whenever they are on official leave of absence or Section 5. Examination of complainant; record. — The
are not physically present in the station, the Vice- judge must, before issuing the warrant, personally
Judges of RTCs of Manila and Quezon City shall examine in the form of searching questions and answers,
have the authority to act on the application filed in writing and under oath, the complainant and the
by the NBI, PNP and the Anti- Crime Task Force witnesses he may produce on facts personally known to
(ACTAF) (Administrative Matter No. 99-10-09- them and attach to the record their sworn statements,
SC). together with the affidavits submitted. (4a)

NOTE: The application shall be personally Section 6. Issuance and form of search warrant. — If the
endorsed by the heads of such agencies and shall judge is satisfied of the existence of facts upon which the
particularly describe therein the places to be application is based or that there is probable cause to
searched and/or the property or things to be seized believe that they exist, he shall issue the warrant, which
as prescribed in the Rules of Court. The Executive must be substantially in the form prescribed by these
Judges and the Vice-Executive Judges concerned Rules. (5a)
shall issue the warrants if justified, which may be
served outside the territorial jurisdiction of said Section 7. Right to break door or window to effect search.
courts (Sps. Marimla v. People, G.R. No. 158467, — The officer, if refused admittance to the place of
October 16, 2009). directed search after giving notice of his purpose and
authority, may break open any outer or inner door or
What is Probable Cause? window of a house or any part of a house or anything
 The existence of such facts and circumstances which therein to execute the warrant or liberate himself or any
would lead a reasonably discreet and prudent man to person lawfully aiding him when unlawfully detained
believe that an offense has been committed and that therein. (6)
the objects sought in connection with the offense are
in the place to be searched (Borgos vs. Chief of Section 8. Search of house, room, or premise to be made
Staff). in presence of two witnesses. — No search of a house,
room, or any other premise shall be made except in the
Requisites: presence of the lawful occupant thereof or any member of
[How the examination shall be conducted by the judge] his family or in the absence of the latter, two witnesses of
1) Must be personally conducted by the judge; sufficient age and discretion residing in the same locality.
2) Must be in the form of searching questions and (7a)
answers;
3) The complainant and the witnesses shall be
examined on those facts personally known to Section 9. Time of making search. — The warrant must
them; direct that it be served in the day time, unless the affidavit
4) The statements must be in writing and under asserts that the property is on the person or in the place
oath; and ordered to be searched, in which case a direction may be
5) The sworn statements of the complainant and the inserted that it be served at any time of the day or night.
witnesses, together with the affidavits submitted, (8)
shall be attached to the record (Sec. 5, Rule 126).
Section 10. Validity of search warrant. — A search
Who determines Probable Cause? warrant shall be valid for ten (10) days from its date.
GR: Must be personally determined by the Judge. Thereafter it shall be void. (9a)
XPN: Deportation Cases. The office of the President or
office of deportation may determine such and no need of a Section 11. Receipt for the property seized. — The officer
search warrant. seizing property under the warrant must give a detailed
receipt for the same to the lawful occupant of the premises
Section 3. Personal property to be seized. — A search in whose presence the search and seizure were made, or in
warrant may be issued for the search and seizure of the absence of such occupant, must, in the presence of at
personal property: least two witnesses of sufficient age and discretion
residing in the same locality, leave a receipt in the place in
(a) Subject of the offense; which he found the seized property. (10a)

(b) Stolen or embezzled and other proceeds, or Section 12. Delivery of property and inventory thereof to
fruits of the offense; or court; return and proceedings thereon. — (a) The officer
must forthwith deliver the property seized to the judge
(c) Used or intended to be used as the means of who issued the warrant, together with a true inventory
committing an offense. (2a) thereof duly verified under oath.

Section 4. Requisites for issuing search warrant. — A (b) Ten (10) days after issuance of the search
search warrant shall not issue except upon probable cause warrant, the issuing judge shall ascertain if the
in connection with one specific offense to be determined return has been made, and if none, shall summon
personally by the judge after examination under oath or the person to whom the warrant was issued and
affirmation of the complainant and the witnesses he may require him to explain why no return was made.
produce, and particularly describing the place to be If the return has been made, the judge shall
searched and the things to be seized which may be ascertain whether section 11 of this Rule has
anywhere in the Philippines. (3a) been complained with and shall require that the
property seized be delivered to him. The judge

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shall see to it that subsection (a) hereof has been 3. Anything which constitute proof in the
complied with. commission of an offense.
PURPOSE:
(c) The return on the search warrant shall be filed 1. To insure the officer’s safety;
and kept by the custodian of the log book on 2. To prevent the frustration of the arrest itself; and
search warrants who shall enter therein the date 3. To prevent the concealment or destruction of the
of the return, the result, and other actions of the evidence.
judge.
2. Plain view doctrine
A violation of this section shall constitute contempt of  Objects falling in the plain view of an officer has a
court.(11a) right to be in the position to have that view are
subject to seizure and may be presented as
evidence.
Section 13. Search incident to lawful arrest. — A person
 For the doctrine to apply, the following requisites
lawfully arrested may be searched for dangerous weapons
must be met:
or anything which may have been used or constitute proof
1. There must have been a legal presence in the
in the commission of an offense without a search warrant.
place where the search is made;
(12a)
2. The evidence was discovered inadvertently by
an officer with a right to be where he is;
Section 14. Motion to quash a search warrant or to 3. The evidence is immediately apparently
suppress evidence; where to file. — A motion to quash a illegal; and
search warrant and/or to suppress evidence obtained 4. There is no need for any further search to
thereby may be filed in and acted upon only by the court obtain the evidence (People v. Compacion,
where the action has been instituted. If no criminal action G.R. No. 124442, July 20, 2001; People v.
has been instituted, the motion may be filed in and Sarap, G.R. No. 132165, March 26, 2003;
resolved by the court that issued the search warrant. People v. Go; G.R. No. 144639, September
However, if such court failed to resolve the motion and a 12, 2003).
criminal case is subsequent filed in another court, the  The ‘inadvertence’ requirement under the plain
motion shall be resolved by the latter court. (n) view doctrine
o It means that the officer must not have known
in advance of the location of the evidence and
EXCEPTIONS TO SEARCH WARRANT intend to seize it.Discovery should not be
REQUIREMENT GR: The procurement of a warrant is anticipated.(United Laboratories v. Isip, G.R.
required before a law enforcer can validly conduct a No. 163858. June 28, 2005)
search and seizure.  The plain view doctrine does not apply where
XPNs: (Instances of a valid warrantless search) officers did not just accidentally discover the
1. Search incident to lawful arrest; evidence but actually searched for it. The plain
2. Plain view doctrine; view doctrine may not be used to launch unbridled
3. Immediate control test; searches and indiscriminate seizures or to extend a
4. Consented search (waiver of right); general exploratory search made solely to find
5. Search of moving vehicle (Caroll doctrine); evidence of defendant’s guilt (Valeroso v. CA,
6. Checkpoints; body checks in airports; G.R. No. 164815, September 3, 2009).
7. Stop and frisk situations (Terry doctrine);  The “Immediately apparent” requirement under the
8. Enforcement of custom laws; plain view doctrine
9. Exigent and emergency circumstances; and o To be immediately apparent, the rule does not
10. Inspection of buildings and other premises for require an unduly high degree of certainty as
the enforcement of fire, sanitary, and building to the incriminating character of the evidence.
regulations. “It requires merely that the seizure be
presumptively reasonable assuming that there
1. Search incident to lawful arrest is probable cause to associate the property
 This includes searching the person who is arrested, with criminal activity; that a nexus exists
in order to find and seize the things connected with between a viewed object and criminal
the crime as fruits or as the means by which it was activity” (United Laboratories v. Isip, G.R.
committed. No. 163858, June 28, 2005).
 NOTE: In searches incident to lawful arrest, the
arrest must precede the search and the process 3. Immediate Control Test
cannot be reversed, unless, the police officers have  A search incidental to a lawful warrantless arrest
probable cause to make the arrest at the outset of the may extend beyond the person where the
search. exigencies of the situation justify a warrantless
 Parameters of a search incident to a lawful arrest; search for dangerous weapons and to prevent the
immediate reach and control rule arrestee from destroying evidence of the crime
o Sec. 13 of Rule 126 specially enumerates the within reach (People v. Musa, G.R. No. 95329,
allowable scope of a search incident to a lawful January 27, 1993).
arrest. The provision limits the search to the
following: 4. Consented Search
1. Dangerous weapons;  Consent cannot be presumed simply because the
2. Anything which may have been used in the accused failed to object to the search. To constitute
commission of an offense; and a waiver, the following requisites must concur:

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1. The right exists; notice that ordinary constitutional protections

2. The person involved had knowledge, actual or against warrantless searches and seizures do not
constructive, of the existence of such rights; apply to routine airport procedures (People v.
and Johnson, G.R. No. 138881, December 18, 2000).
3. Actual intention to relinquish such rights
(People v. Burgos, G.R. No. 92739, August 2, 7. Stop and frisk operations
1991).  This is a limited protective search of the outer
clothing of a person to determine the presence of
 NOTE: A peaceful submission to a search or weapons. Probable cause is not required but a
seizure is not consent or an invitation thereto,but is genuine reason (not mere suspicion) must exist, in
merely a demonstration of regard for the the light of the officer’s experience and
supremacy of the law(People vs. Nuevas, G.R. No. surrounding circumstances, to warrant the belief
170233, February 22, 2007). that the persons has concealed weapons (Malacat
 Canine/Dog sniff test v. Court of Appeals, G.R. No. 123595. December
o The canine sniff test was applied by the 12, 1997).
Supreme Court of the United States differently  Its object is either to:
depending on the place where the sniff was 1. Determine the identity of a suspicious
done as when the same was conducted in a individual; or
private resident, airport, highway or in routine 2. Maintain the status quo momentarily while the
traffic stops. police officer seeks to obtain more
o “The government’s use of trained dogs to information.
investigate the home and its surroundings is a  Terry Doctrine
“search” within the meaning of the Fourth o A valid “stop” by an officer requires that he has
Amendment” (Riano, 2016). a reasonable and articulable belief that criminal
 Use of thermal imaging device activity has happened or is about to happen.
o “Where the government uses a device that is The “frisk” made after the “stop” must be done
not in general public use, to explore details of a because of a reasonable belief that the person
private home that would previously have been stopped is in possession of a weapon that will
unknowable without physical intrusion, the pose danger to the officer and others. The
surveillance is a Fourth Amendment “search,” “frisk” must be a mere pat down outside the
and is presumptively unreasonable without a person’s outer garment and not unreasonably
warrant.” intrusive (Riano, 2016).
 NOTE: The officer may search the outer clothing
5. Search of moving vehicle of the person in an attempt to discover weapons
 Searches in moving vehicles may be validly made which might be used to assault him (Manalili v.
without a search warrant because the vessel or CA, G.R. No. 113447, October 9, 1997).
aircraft can quickly move out of the jurisdiction  QUESTION: The search warrant authorized the
before such warrant could be secured (People v. Lo seizure of “undetermined quantity of shabu.”
Ho Wing, G.R. No. 88017, January 21, 1991). During the service of the search warrant, the
raiding team also recovered a kilo of dried
6. Checkpoints; body checks in airports marijuana leaves wrapped in newsprint. The
 Searches conducted in checkpoints are valid for as accused moved to suppress the marijuana leaves as
long as they are warranted by the exigencies of evidence for the violation of Sec. 11 of the
public order and are conducted in a way least Comprehensive Dangerous Drugs Act of 2002
intrusive to motorists. For as long as the vehicle is since they were not covered by the search warrant.
neither searched nor its occupants subjected to a The State justified the seizure of the marijuana
body search, and the inspection of the vehicle is leaves under the “plain view” doctrine. There was
limited to a visual search, said routine checks no indication of whether the marijuana leaves were
cannot be regarded as violative of an individual’s discovered and seized before or after the seizure of
right against unreasonable search (People v. the shabu. If you are the judge, how would you
Vinecario, G.R. No. 141137, January 20, 2004). rule the motion to suppress? (2008 Bar)
 In body checks in airports, passengers attempting ANSWER: It should be granted. The search
to board an aircraft routinely pass through metal warrant violates the constitutional and statutory
detectors; their carry-on baggages as well as requirement that should particularly describe the
checked luggage are routinely subjected to x-ray person or things to be seized (Sec. 2, Art. III, 1987
scans. Should these procedures suggest the Constitution; Sec. 2, Rule 126). The “plain view”
presence of suspicious objects, physical searches doctrine cannot be invoked because the marijuana
are conducted to determine what the objects are. leaves were wrapped in newsprint. Besides the
There is little question that such searches are marijuana leaves are not the subject of the search
reasonable, given their minimal intrusiveness, the warrant. There was no evidence as to whether the
gravity of the safety interests involved, and the marijuana leaves were discovered and seized
reduced privacy expectations associated with before or after the seizure of the shabu. If they
airline travel. Indeed, travelers are often notified were discovered after the seizure of the shabu, then
through airport public address systems, signs, and they could not have been seized in plain view. The
notices in their airline tickets that they are subject confiscation of the marijuana leaves must not be
to search and, if any prohibited materials or upheld, hence rendering the same inadmissible in
substances are found, such would be subject to evidence against the accused.
seizure. These announcements place passengers on

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 Effect of an illegal search and seizure (Fruit of the searches and seizures shall be inadmissible for
poisonous tree doctrine) any purpose in any proceeding);
o The effect of an illegal search and seizure is the 3. Replevin, if the objects are legally possessed;
exclusion of the evidence obtained from being and
used against the person whose rights were 4. Certiorari, where the search warrant is a patent
violated by the search. nullity.

8. Enforcement of custom laws NOTE: The remedies are alternative. If a motion

 The Collector of Customs is authorized to effect to quash is denied, a motion to suppress cannot be
searches and seizure for the enforcement of availed consequently. The illegality of the search
customs duties and tariff laws (General Travel warrant does not call for the return of the things
Services v. David, G.R. No. L-19259, September seized, the possession of which is prohibited by
23, 1966). law. However, those personalities seized in
 The RTCs are devoid of any competence to pass violation of the constitutional immunity whose
upon the validity or regularity of seizure and possession is not illegal or unlawful per se ought to
forfeiture proceedings conducted by the Bureau of be returned to their rightful owner or possessor.
Customs and to enjoin or otherwise interfere with
these proceedings. It is the Collector of Customs, Venue of filing a motion to quash search
sitting in seizure and forfeiture proceedings, who warrant
has exclusive jurisdiction to hear and determine all 1. It may be filed and acted upon only by the
questions touching on the seizure and forfeiture of court where the action has been instituted; or
dutiable goods (Asian Terminals, Inc. v. Bautista- 2. If no criminal action has been instituted, it
Ricafort, G.R. No. 166901, October 27, 2006). may be filed in and resolved by the court that
issued the search warrant. However, if such
9. Other exceptions court failed to resolve the motion and a
1) Exigent and emergency circumstances – criminal case is subsequently filed in another
 A prevailing general chaos and disorder court, the motion shall be resolved by the
because of an ongoing coup, and the raid of latter court (Sec. 14, Rule 126).
the office/building was precipitated by an
intelligence report that said office was being Rule with respect to waiver of legality and
used as headquarters by the RAM. Also, the admissibility of a search warrant
surveillance team, before the raid, was fired  Objection to the legality of the search warrant,
upon by the people inside. The raiding team or as to the admissibility of the evidence
had no opportunity to apply for warrant as obtained is deemed waived where no objection
the court then was closed. (People v. de of the search warrant was raised during the trial
Gracia, G.R. Nos. 102009-10, July 6, 1994) of the case nor to the admissibility of the
2) Buy-bust operation - This is a form of evidence obtained through said warrant
entrapment legally employed by peace officers (Demaisip v. CA, G.R. No. 89393, January 25,
as an effective way of apprehending drug 1991).
dealers in committing an offense. There is no
need for a search warrant because the accused QUESTION: Boy Maton, a neighborhood tough guy,
is caught in flagrante delicto. was arrested by a police officer on suspicion that he was
3) Private searches – In a case wherethe evidence keeping prohibited drugs in his clutch bag. When Boy
was obtained by a private person acting in a Maton was searched immediately after the arrest, the
private capacity, while performing company officer found and recovered 10 sachets of shabu neatly
standard operating procedures and without state tucked in the inner linings of the clutch bag. At the time
participation and intervention. It was held that of his arrest, Boy Maton was watching a basketball game
the constitutional rights cannot be invoked being played in the town plaza, and he was cheering for
when there is no government interference. his favorite team. He was subsequently charged with
(People v. Marti, G.R. No. 81561, January 18, illegal possession of dangerous drugs, and he entered a
1991) plea of not guilty when he was arraigned.

During the trial, Boy Maton moved for the dismissal of

REMEDIES FROM UNLAWFUL SEARCH AND the information on the ground that the facts revealed that
SEIZURE he had been illegally arrested. He further moved for the
suppression of the evidence confiscated from him as being
 Parties who may question the validity of search
the consequence of the illegal arrest, hence, the fruit of the
and seizure
poisonous tree.The trial court, in denying the motions of
o It can be contested only by the party whose
Boy Maton, explained that at the time the motions were
rights have been impaired thereby, and that the
filed Boy Maton had already waived the right to raise the
objection to an unlawful search and seizure is
issue of the legality of the arrest. The trial court observed
purely personal and cannot be availed by third
that, pursuant to the Rules of Court, Boy Maton, as the
parties (Stonehill v. Diokno, G.R. L-19550,
accused, should have assailed the validity of the arrest
June 19, 1967).
before entering his plea to the information. Hence, the
 Remedies against an unlawful search trial court opined that any adverse consequence of the
1. Motion to quash the search warrant; alleged illegal arrest had also been equally waived.
2. Motion to suppress as evidence the objects
illegally taken (exclusionary rule – any Comment on the ruling of the trial court. (2017 Bar)
evidence obtained through unreasonable

CRIMINAL PROCEDURE REVIEWER

 76 | P a g e L A W Y E R S I N T H E M A K I N G FROM ST. MARY’S COLLEGE OF TAGUM, INC. COLLEGE OF LAW

ANSWER: The ruling of the court denying the motion

for dismissal of the information on the ground of illegal
arrest is proper. Under the Rules of Criminal Procedure,
the accused’s failure to file a motion to quash before plea
is a waiver of the objection to lack of personal jurisdiction
or of the objection to an illegal arrest.

Here, Boy Maton entered a plea without filing a motion to

quash on the ground of lack of personal jurisdiction.
Hence, he is deemed to have waived the ground of illegal
arrest which is subsumed under lack of personal
jurisdiction.

However, the ruling denying the motion to suppress

evidence is not correct. The SC has held that a waiver of
an illegal, warrantless arrest does not carry with it a
waiver of the inadmissibility of evidence seized during an
illegal warrantless arrest (People v. Racho, G.R. No.
186529, August 3, 2010). A waiver of an illegal arrest is
not a waiver of an illegal search(Villanueva v. People,
G.R. No. 199042, November 17, 2014). The Constitution
provides that evidence seized in violation of the right
against illegal search is inadmissible in evidence.

Here, the evidence seized was by virtue of an illegal

search since the arrest was illegal. Thus, such evidence
may be suppressed.

CRIMINAL PROCEDURE REVIEWER