Rule 115

RIGHTS OF ACCUSED

1. Right to be presumed innocent until the contrary is proved beyond reasonable doubt
- Basic constitutional principle.
- Purpose: to balance the scales of uneven contest (the accused vs the whole people of PH)
a. Proof beyond reasonable doubt – degree required is not absolute certainty. Instead,
“moral certainty”
b. Onus Probadi - burden of proof lies with the prosecution. If evidence of prosecution is
weak, the accused cannot be convicted.
c. Equipoise Rule - where the evidence is evenly balanced, the presumption of innocence
should tilt the scales in favor of the accused.
2. Right to be informed of the nature and cause of the accusation
- Criminal information should be subscribed by the fiscal and filed in court
o Name of accused
o Designation of offense given by the statute
o Acts or omissions complained
o Time
o Place
- When is the accused validly informed?
o During arraignment: accused is formally informed
 Reading of Information may be waived (consent of accused and counsel in
the minutes)
 Right to question his conviction on facts not alleged in the
information cannot be waived
- Variance Doctrine
o GR: What was alleged can only be used to convict if:
 Material to the accused
 Prejudicial to the accused
o Ex: When the alleged is necessarily included in that which is charged (e.g. alleged:
murder, conviction: homicide)
 However, if the judgment is murder and the alleged was homicide – this is
prejudicial on the part of the accused. Hence, not valid.
3. Right to be (a) Present and to be (b) Heard in his defense
- Right to Counsel
o When is right to counsel available? – Custodial investigation to Rendition of
judgment
 Custodial investigation – questioning initiated by the law enforcement
officers
o Right to counsel may be waived IF (W-I-W):
 Written
 Intelligently made
 Waiver is not contrary to LAW, PO PP, Morals etc.
o Instances where right is not violated: (where counsel de officio is appointed)
  At the time of arraignment, private counsel is not available
 Accused has no private counsel
- Right to be present
o This right may be waived
o However, accused is required to be present in the following:
 Arraignment
 Promulgation of Judgment (except in light offenses and promulgation in
absentia or jumps bail)
 Witness shall identify the accused
 GR: Court may arrest the absent accused if he did not appear for the
purpose of IDENTIFICATION
 Ex: Accused has already admits, in arraignment, that he is the
defendant
o IMPLIED WAIVERS:
 No valid reason of absence
 Escapes – absences are waived from the date of escape to the date on
which custody is regained.
4. Right against compulsion to testify as a witness
- As to witness, he/they may answer or not answer as follows:
o Compulsion of subpoena – witness must answer the question
o Incriminating questions – witness may not answer
- As to an accused:
o Regardless of complied by subpoena or incriminating question, he may not answer.
 The right only applies against “testimonial compulsion”, not “mechanical
acts” (eg DNA extraction)
5. Right to testify in his own behalf
6. Right to confront and cross examine
- To examine witnesses: (1) Orally (2) Face 2 face
- This right may be waived.
- Implied waiver - when the accused failed to take advantage of the opportunity to cross-
examine for reasons attributable to himself.
7. Right to compulsory process
- Subpoena – order to attend and to testify
- Subpoena duces tecum – order to provide documents or materials
- Bench warrant – issued to absentees for non- attendance.
8. Right to speedy trial
- GR: (1) Arraignment should be:
o If accused is in preventive detention – within 10 days from the raffle date
o If accused is not detained – within 30 days from the date the court acquires
jurisdiction over the person
o Termination – 180 days of trial
- HOWEVER, the following are the considerations before denial of speedy disposition of case
may be raised: (L-A-R-P)
o Length – Assertion of accused – Reason of delay – Prejudice caused by the delay
 o Disqualifications:
 Judges – Litigations within his, immediate family members and 6 th degree
consg/affin interest
 Counsel – 4th degree
o Impartial Trial – only when the judge resorted extrinsic and extrajudicial evidences
9. Right to appeal – does not apply if the

10. accused jumps bail, escapes.

RULE 116

Arraignment and Plea

1. Arraignment
- Is defective when failed to furnish a copy to the defendants.
- Arraignment is void when language is not known to the accused
- Reading of the information may be waived upon full understanding of the accused
o This transfers the duty to the defense counsel to inform the accused of the offense
- Absence of the accuses is not allowed, it must be personally attended.
o Private offended party – is also required only for the purpose of plea bargaining,
determination of civil liability and other matters.
2. Plea
- Plea of guilt:
o Non-capital offense – Generally, sufficient for immediate conviction. Court may ask
for evidences for the purpose of penalty determination or to check if the plea was
intelligently made.
o Capital offense – court is required to conduct a search inquiry.
 To check the (a) voluntariness and (b) full comprehension of the accused
 To obtain evidence from the prosecution to prove his guilt and degree of
culpability (like in a normal trial)
Note:
Plea of guilt is void if the court did not conduct “search inquiry”
Plea of guilt includes admission of attending circumstances

- When plead guilty deemed revoked:

o Accused presented exculpatory evidence
o Bargains for lesser penalty

Exculpatory evidence – new facts to his defense (e.g. Justifying, Excmpting,

Mitigating)

- Withdrawal of improvident plea of guilty

o Improvident plea – plea of guilt that was not intelligently made
 May be done at any time before conviction
- Remedies to challenge Plea of Guilt
o Motion to withdraw plea (before judgement) – matter of discretion
o Motion for a new trial (for capital offense) – (1) Improvident plea (2) Court did not
perform search inquiry
3. SCHEDULE:
a. Detained accused – within 10 days from the raffled date.
b. Not detained – within 30 days from the date the court acquired jurisdiction
4. Prohibited Motions
- These motions are not allowed before the scheduled arraignment:
5. Plea bargaining: normally done at the pre trial conference
- Plea for lesser offense no amendment of information/complaint is required
o Immaterial if made only after the presentation of several witnesses
o Material if evidence is insufficient
- Plea for some of the alleged
6. Duty of Court to inform the accused of his right to counsel
- Inform > Ask if he wants a private counsel > Assign an officio/provide reasonable time to
select private
o Counsel de officio
 Member of the bar in good standing
 Can competently defend the accused
o Incase, no available counsel within the locality:
o
 Resident
 Good reputation
o The assignment of counsel de officio is for arraignment purpose only. The accused
may select a counsel of his choice
o “…reasonable time to consult with the accused before arraignment”
 In order to prepare, the counsel de officio has explained to the accused the
following:
 Crime charged
 Meaning of his plea
 Consequences
o Bill of particulars – motion to specify details of the complaint or information
 Prosecution is not required to present evidence upon demand in the motion
7. Production and Inspection of material evidence in the passion of the prosecution
- Valid motion:
o Notice to the parties + courts discretion
o Evidence is material in possession of the adverse party
o Not a privileged but not unjustly hold (specially when this will lead to surprise,
suppression and alteration of charges)
8. Suspension of Arraignment
- Upon motion of any party. The following are grounds for suspension:
 o Mental suffering of the accused (may not plead intelligently)
- Incompetency to stand a trial is not a ground
- Sanity Test (courts observation/discretion):
a. Can provide logical information to his counsel regarding his
defense
b. He can comprehend the significance of the trial
o Existence of prejudicial question:
- Civil case involves facts where criminal prosecution is based
- The guilt or innocence is determined by the resolution of civil action
- Jurisdiction of the question is lodge to another tribunal
o Pending petition to review of the resolution in DOJ/Office of the President (60
days deadline)
“expiration of 60 days, trial court is bound to arraign the case”

RULE 117

MOTION TO QUASH

1. Motion to quash
 Remedy for:
o Insufficiency in point of law
o Defect in the face of the information
 When is this filed: before entering his plea
2. Requirements
 As to Form
o Writing (who, when, where, what, basis)
o Signed by the accused or his counsel
o States facts and legal basis
3. Grounds for Motion to Quash (No-Ju2- Au- Fo – More – Ex – ExJus – Jeo)
a. Charge does not constitute an offense
o GR: Defense on the merits cannot be raised in the arraignment
 Ex: Grounds for (1) Prescription (2) Double Jeopardy
o Remedy
 Ask the prosecution to amend the information
 Failure to amend – ground for dismissal
b. Lack of Jurisdiction over the accused:
Grounds Remedy Subject to waiver? When can Special Remarks
be raised
a. Charge does not Motion to No Any stage Elements of the crime must be seen in
constitute an offense Quash; the acts alleged
Amendment
 b. Lack of jurisdiction Motion to No Any stage
over the offense quash; Dismissal
charged
c. Lack of Jurisdiction Motion to quash Yes. Implied: Before Jurisdiction is acquired upon voluntary
over the accused 1. gives bail arraignmen surrender or arrest
2. files pleadings t
on merits
d. Lack of authority of Motion to Yes Before This has effect on the jurisdiction. No
the officer who filed quash; Dismissal arraignmen PI is not quashable
the information t
e. Defective Amendment; Yes Before Saying “… was raped” instead of
Information** Motion to quash arraignmen stating the acts is quashable
t
f. More than 1 Motion to Yes Before GR: 1 offense, 1 information
offense quash; arraignmen Ex: Complex crimes: (1) Compound (2)
Amendment t Complex crime proper

Where complex crime may be alleged

in 1 information
g. Prescription of the Motion to quash No Any stage Considerations:
crime  Prescription period
 Start date: Discovery or
Commission
 Interruption of the
date: filing of
complaint/info
 Continues to run:
(1) Termination of
judgement
(2) Proceeding is
stopped without the
fault of accused.

h. Legal Excused or Motion to Yes Before NOTE: the legal excuse or justification
Justification quash; arraignmen must be indicated in the information
Amendment t being quashed. If not, motion has no
merit.
i. *Double Jeopardy Motion to quash No Any stage Gr: DJ is attached when 1st jeopardy
was decided without a motion
Ex: DJ may still be attached on the ff
motion to quash: (g) prescription and
(i) double jeopardy

Reason: Criminal Liability is

extinguished.

* Double Jeopardy
o Requisites:
 The 1st jeopardy is attached prior to the second. It is attached when;
 Accused was acquitted/convicted/dismissed without his express consent
(not by a motion)
 Done in the court after arraignment, not during preliminary
investigation
 The 1st is validly terminated
 The 2nd jeopardy is the same offense as in the first
  Except (no double jeopardy):
o (1) Graver offense has developed due to supervening facts
o (2) Facts for graver offense became known only after plea
o (3) Invalid plea of guilty on the first offense (no consent from
prosec)
** Amendment

o Curable? Sustain motion to quash > amend or file another information

o Not curable? Dismiss
4. WHERE MOTION TO QUASH IS DENIED (motion to quash is not tenable) :
a. Lack of preliminary investigation
b. Resjudicata
c. Defective complaint filed in prosecutors’ office
5. Provisional Dismissal
a. Requirements:
i. Expressed conformity of the accused and prosec (oral or writing)
ii. Offended party is notified
iii. Court issues an order dismissing the case provisionally
iv. Public prosecutor is served with a copy of the order of the provisional dismissal
of the case
b. Prescription and becomes permanent when:
i. Offenses 6 years below – may be revived within 1 year
ii. Offenses above 6 years – may be revived within 2 years
c. Provisional Dismissal on the grounds related to witnesses
i. When essential witness is:
1. Whereabouts is unknown – 180 days of trial. Defense may file PD
2. Whereabouts is known but presence cannot be obtained – upon 3 rd
absence

As to Provisional Motion to Quash

Dismissal
The grounds applicable Any motion may do. Limited by the grounds
Not bounded any identified by the rule
grounds
Subject matter of On cases under Sec 8 Information/Complaint
question of 117 other than
the information
Form of the motion No rules Prescribed by 117
Timing Even After Before arraignment
arraignment
Effect Temporary until Permanent
time-bar is met

RULE 118
 PRE-TRIAL

1. Pre-Trial - immediately held after arraignment

- Judge become an active participant – asking questions and answers directly to him
 Plea bargaining
i. Prosec and defense works out to mutually agree on the plea
ii. If the accused plea not guilty, he interposes either:
1. Negative defense – prosecution proves the guilt
2. Affirmative defense – accused proves his defense
 Stipulation of facts - admission and denial of the charged to the accused to speed the
trial

* Stipulation on the subjects of both direct and cross examination

 Marking of evidence
o Offer of evidence – evidence marked as exhibits but not formally offered cannot
be considered as evidence
 Offer objection and ruling is made ORALLY

Pre- Trial Agreement –

To be binding with the accused:

 Agreement must be in writing

 Signed by (1) Accused (2) Counsels
Approval of the court is done but not essential to bind the accused

Court’s duty

To adopt the following:

 MOM
 Marking of exhibits
 Execution, admission and genuineness of documents
 List of object and testimonial evidences

To scrutinize every allegation, affidavits and other documents

Define factual and legal issues

Agreements on dates

Motion to suppress - may be done during the pre trial. Done when the evidence is obtained in
violation of the Rule 126

Non-appearance at pre-trial conference –

- Private offended party: Not required

- Accused: Not required, unless directed by the court. Failure to do so, forfeiture of his bond
 - Counsels: REQUIRED

Pre-trial Order – issued by the court to recite the (1) actions taken (2) facts stipulated (3) evidence
marked.

RULE 119
TRIAL
1. Timing of Trial
- begin within 30 days after pre-trial order.
- continue to run for 180 days

2. Postponement
- trial may be postponed for reasonable reasons only
- the following are to be excluded in computing the time within w/c trial must
commence
o Delay resulting from other proceedings concerning the accused. Examples:
 Examination
 Other crim action of accused
 Extra-ordinary remedies
 Pre-judicial question
o Delay resulting from absence or unavailability of an essential witness (subject to
provisional dismissal
 However, the accused may file a motion to dismiss a case on the ff
cases;
 Absence (whereabouts are unknown) 180 days of trial
 Unavailability (wabouts are know but unavailable) previously
absent for 2 consecutive hearing
o Delay resulting from mental incompetence or physical incapability of the
accused
o Delay when prosecution files another charge after a dismissed information.
o Delay when accused joined his co-accused on another trial of other courts
o Delay from Continuance (postponement):
Continuance is an order issued by a court , upon a motion of either party or
initiative of the court, to postpone such proceeding in order that the ends o
justice is served by taking such actions outweighs the best interest of public and
the accused in a speedy trial.
- in short. An order to postpone a proceeding to serve justice
 Considerations to check before continuance is granted by the court:
 (1) W/N failure to grant continuance would result to miscarriage
of justice
  (2) W/N the case is so novel, unusual, complex where it is
unreasonable to expect adequate preparation within the period
established
 Where continuance is DENIED:
 Overload of cases
 Not prepared
 No witnesses available
o Other exclusions from time limit:
 Physical disability of the Judge
 Extraordinary Remedies against interlocutory orders;
 GR: Ordinary motions shall not interrupt the course of trial
(hence, no violation on speedy trial)
 Ex: Extraordinary Remedies:
o Certiorari
o Prohibition
o Mandamus
 Orders of inhibition (where judges are disqualified – 2 calendar days to
settle)
 Change of venue of cases and transfer to other courts
 Time given to retaine/withdraw counsel
 Written consent of the accused or
 Approval of the court
If the defense repeatedly changed counsel to delay the trial, the court
may assigned counsel de officio.
 Speedy Trial Relative
o Speedy trial is a flexible concept. The following should be the test;
 Period of delay
 Assertion of the accused
 Prejudice to the accused
 Reason for the delay
No motion to dismiss, tantamount to waiver of right to speedy trial.

 Remedy where the accused was not brought to trial within 30 days
o Motion to dismiss
 Defense has the burden of proof that the right was violated
 Prosecution must show that:
 It followed the prescribed procedure for PI and prosecution of the
case
 The delay was inevitable due to complexity of issues
 4-test for speedy trial
 Fact finding of Ombudsman are not considered in determining W/N the right to speedy
disposition is violated
o As this is not yet an adversarial proceeding (court)
 Effect of dismissal due to speedy trial violation
 o Civil actions may continue

CAGANG GUIDELINES

 Difference of right to speedy (1) Disposition (2) Trial

o Former – applies to any case
o Latter – applies to criminal Case
 The case is initiated upon filing of a complaint for preliminary investigation
o Except: FACT FINDING PROCEEDING OF THE PROSECUTOR
 Burden of proof:
o If within the time period – Defense
 The delay was motivated with malice
 The defense took no participation of the delay
o If outside the time period - Prosecution
 4 – test rule
 Counting of delay is not a mechanical process. Except, when delay is motivated by
malice
 Motion must be immediately raised. Failure to do, tantamount to waiver.

3. Public Atty’s duties where accused is in prison

 Obtain the presence of the prisoner for trial or cause a notice to custodian to advise the
accused of his right to demand trial
 Custodian to advise the accused of his right to trial, then send notice to Atty if the accused
demanded
 Atty to obtain the presence of the prisoner for trial

4. Sanctions to Counsels - in any case in which the counsels of any party knowingly delays the trial by:

 Allows the trial to commence without disclosing the unavailability of the witnesses
 Files a motion to delay the trial
 False statement to obtain continuance (postponement)

Private – 2o,ooo

Public Prosec – 5, 000

Suspension- not exceeding 30 days

5. Order of trial

Prosecution: Presents evidence

Accused: Rebuttal evidence

 Prosecution (if court allows): Sub-rebuttal evidence

Evidence that are admitted will be deemed submitted for final decision

- unless the court directs the parties to argue orally

When the accused admits, but interpose a lawful defense

- the order is reversed. Accused shall present the initiatory evidence.

 TESTIMONIAL EVIDENCE
o (1st) Direct Examination – Examination by the party presenting the witness
 Judicial Affidavits – statements of facts of the witnesses. Sent 5 days before
pre-trial or conference. Applicable to cases with imposable penalty of not
exceeding 6 years.
nd
o (2 ) Cross Examination - Examination by the adverse party
o Re-cross examination and Re-direct examination – upon discretion of the court. Where
questions not included in previous examinations may be asked.

 REVISED GUIDELINES FOR CONTINUOUS TRIAL OF CRIMINAL CASES

o Affidavits, sworn statements, and Judicial Affidavits shall be in the following form
 Written form, if:
 The trial is on MTC and first-level courts
 The trial is on Second level courts (CTA, SB) where:
o Experts are not needed to check the credibility of the witness
o Culpability can be established through documents
 Oral form, if:
 Only in 2nd level courts where:
o Checking of witness credibility is needed
o Culpability of the accused cannot be established through
documents

General Rule: Examination shall be face to face:

Ex: Conditional Examination (not face to face)

As to: Witness of the Accused Witness of the Prosecution

whom shall the examination (1) Judge or (2) IBP Only the Judge
be present member (3) or
Corresponding Judge of
immediate higher court
How the conditional Through Motion Through Motion
examination raised
When shall be the order be 3 days before the No specified rule
served examination
To whom shall the order be Prosecutor
served
 Formal requirement (1) Name and residence of (1) Name and residence of the
the witness witness
(2) Substance of his (2) Substance of his testimony
testimony (3) The reasonable
(3) The reasonable circumstance of his
circumstance of his unavailability
unavailability

When the court thinks that the Material Witness will not testify – the court may order, through a
motion of either the parties, the accused to post bail.

When Several Accused are tried – absence of any of the other accused does not bar the speedy
disposition of case. The case may continue separately

ACCUSED AS STATE WITNESS:

- one of the accused may be discharged as state witness

 Requisites for a valid discharge: (2 – mo – swo – co – co)

o Two or more accused are jointly charged of the offense
o Prosecution files a motion for the discharge before it rest its case
o Prosecution presents evidence and sworn statement of the prospect state
witness (on a separate hearing)
o Accused consent
o The Court is satisfied that:
 There’s an absolute necessity for the testimony of the accused (siya lang
may alam)
 There’s no direct evidence available
 Testimony of the accused corroborates the material points
 Note: it is necessary that the testament of the accused
reconciles with the other prosecution’s witness/es
 Note: accused (as a witness) reconciled with another accused
(as a witness) – NOT RELIABLE/DISQUALIFIED
 Accused is not the most guilty (degree of participation)_
 Accused was not convicted involving moral turpitude.

Note: This topic is different from WPP. Discharge under witness protection
program is under DOJ (no jeopardy is attached, filing of case to the accused-
witness is barred)

DEMURRER TO EVIDENCE

- after the prosecution rests its case. The court may dismiss the action by:
 (1) Its own initiative (through promulgation of judgment)

(2) Upon demurrer of evidenced filed by accused (with or without leave of court)

With leave of court Without leave of court

Still may adduce evidence in his Waives right to present further
defense: evidence
Filed: within 5 days after prosecution
rests its case
Ordered: within 10 days after filing

 Evidence is sufficient if: (1) Ascertained commission of crime (2) Ascertained degree of
participation
 The court may deny the criminal aspect of the case but grant the demurrer of the civil
aspect
 If the demurrer of evidence is granted, this is tantamount to acquittal
o The appellate court cannot review an order granting the demurrer to evidence –
as this is tantamount to double jeopardy.
 However, the case as a whole may be reviewed (to clarify)

REMEDY

Granting of Demurrer Denial of Demurrer

Appeal is not a remedy (since Appeal is a remedy
insufficiency of the evidence and
acquittal based on merits cannot be
contested by the prosecution)

REOPENING

- the case, before finality, may be reopened to avoid miscarriage of justice

Requisites:

 Before finality of judgement or conviction

 Order issued motu propio or through motion
 The order is preceded by a hearing
 Intends to avoid miscarriage of justice
 Presentation of evidence shall be terminated within 30 days from the order

RULE 120
 JUDGEMENT

Judgement – is the adjudication by the court that the accused is guilty or not guilty of the offense
charged and the imposition on him of the proper penalty and civil liability, if any.

Content:

 Conviction:
o The legal qualification of the offense constituted by the acts and attending
circumstances
o The participation of the accused
o The penalty imposed
o The civil liability or damages caused
 Acquittal
o Statement that the prosecution absolutely failed to prove the guilt of the
accused

Kinds of acquittal:

 Accused is not the perpetuator – no civil liability be imposed on the

accused
 Based on Reasonable Doubt - he may not exempt from civil liability
(predominance of evidence)

Note: Accused may claim for compensation to DOJ if he is unjustly accused after
acquittal. Within 6 months.

Period of promulgation– 90 days from the submission of the decision to SC

Promulgation of Judgement – by reading the judgement in the presence of (1) accused and (2) any
judge.

Presence of accused/judge:
GR: Presence of accused is required.

Ex: When conviction is for light offense, the following may attend

 Defense counsel
 Representative

Trial in absentia. Where as:

 Recording of promulgation and notice shall be served at his last

known address.
  Failure to attend deemed waiver of his right for provisional
remedies and appeals. Unless:
o Surrender before 15 days, and
o File a motion stating his reason of absence

Note: The presiding judge may be present in the promulgation of judgement.

 When accused is detained in another province – RTC judge of the

province may attend, accept appeal and approve bail bond on appeal.
 When judge is not available – clerk of court may attend.

Modification of Judgement – may be modified only before the perfection of his appeal or the
judgement becomes final within 15 days.

When is the judgment becomes final:

 No appeal was filed. Except, for automatic review (Capital offense)

 When he has partially or totally served his sentence (nakulong na)
 When expressly waived his right. Except, for death penalty
 He applies for probation. (Tantamount to admission. Hence, no more appeal is
available)

RULE 121

NEW TRIAL OR RECONSIDERATION

New Trial/Reconsideration – order issued by the court upon:

 Motion of the accused; or

 Motu Porprio with the consent of the accused

Note: Conformity of the private offended party in the motion related to criminal aspect is not
required.

Grounds for New Trial/Consideration

Difference as to New trial Reconsideration

Grounds  Errors of law or irregularities  Errors of law or facts that
prejudicial to the substantial requires no trial
right of the accused committed
during trial;
 New and material evidence has
been discovered that probably
change the judgement *
Hearing  New proceedings shall be  No further proceedings
initiated
Timing 15 days from the promulgation date 15 days from the promulgation date
 Form  Writing  Writing
 State the grounds on which it is  State the grounds on which it
based is based
 Affidavits of witness (for new
evidence)
Effect of granting  New evidence may be  The new judgement vacates
introduced (Errors of law – the old
courts discretion; New and
material evidence – evidence
already adduced)
 The new judgement vacates the
old
* New and material test: (1) when was it discovered? (2) when should this have been discovered?

 Discovered only after trial

 The defense reasonably performed diligence
 Material – probably change the judgment

RULE 122

APPEAL

GR: Prosecution cannot appeal or bring error proceeding from a judgement by reason of Double
Jeopardy on the part of accused.

Ex: Where it does not constitute double jeopardy:

 The dismissal is made upon motion/consent of the accused

 Dismissal not based on merits
 The subject of appeal is purely legal

Solicitor General – counsel of the state who appears on appeal.

RULES ON APPEAL:

 Notice of appeal filed at the court of origin

 Copy of notice is served to the adverse party
 Form and content:
o State the final order of the court of origin
o State the court of origin
o Material dates (filing of appeal and promulgation date)
 Upon perfection of appeal, the court of origin loses its jurisdiction over the case
 15 days from promulgation date or date of denial of motion for reconsideration or new trial
o EXTENSION: upon full payment of docket
 RTC – 15 days
  CA – 30 days

Appeal From Appeal to Method of Appeal Notes

1st level courts RTC Notice of appeal
RTC (Original CA Notice of appeal
Jurisdiction)
RTC (Appellate CA Petition for review Form:
Jurisdiction)  Full names of the party
 Material dates
 Matters involved (errors)
 Final orders and pleadings of
lower courts
RTC (Reclusion CA Notice of appeal
Perpetua or life
imprisonment)
RTC (Death penalty) CA Automatic Review  Forwarded within 20-15 days
from promulgation
CA imposes (penalty SC Petition for
lower than reclusion Review on
perpetua) Certiorari
CA (death penalty) SC If refrains from
making an entry
of judgement: SC
to review the
whole case
CA (reclusion perpetua SC Notice of appeal Form:
or life imprisonment)  Full names of the party
 Material dates
 Matters involved (errors)
 Final orders and pleadings of
lower courts
 Sworn statement against forum
shopping

Reglementary Period

Court Promulgation (When?)

RTC and Lower courts Upon notice of judgment

CA and SC Upon signed copy of

judgment is filed with the
Clerk of Court
Rules on Stenography:

As to what extent shall be forwarded:

 When the accused appealed – all notes transcribed shall be sent

  When the prosecution appealed – only certain portion

Period of filing of stenog notes:

 30 days from promulgation date¸ upon motion or motu propio

 If death penalty, no motion is required

Transmission of stenog notes – within 5 days from the filing of appeal

Effect of appeal to other accused (several accused):

GR: appeal made by one accused has no effect to other accused. Appeal cannot be extended to
co-accused who did not file an appeal.

Ex: Favorable (and) applicable to others

Withdrawal of appeal (should be before judgment of appeal):

Withdrawn before record Effect

has been forwarded to the
clerk of court?
Yes Judgement of lower
court shall apply
(becomes final)
No A motion for withdrawal
is required

Rule 126

Search and Seizure

Search warrant – is an order in writing | issued in the name of the People of the Philippines | signed by
a judge | and direct to a peace officer commanding him to search for personal property described
therein and bring it before the court

Issued in the name of the People of PH

 Authority is under the state. But this not preclude a private complainant to
collaborate with authorized agency for its application.

Description of object: (1) Directly related to the offense charged (2) specific

Valid Search Warrant (10 days):

 Probable cause to be determined by the Judge

 Examination under oath/affirmation of the complainant
 Description of (1) place (2) person (3) thing
Defective Search warrant:

 Does not constitute one offense (multiple objects are allowed) (several counts is
allowed as long as the offense is specifically one)
 The offense is to broad – where the penal law cited includes serval punishable acts

SW as a special criminal process

 “venue is jurisidictional” does not apply to search warrant proceeding as this is not a
criminal action

Difference of issuance of Search Warrant vs. Preliminary Investigation:

As to Search warrant Proceeding Preliminary Investigation

Purpose Whether or not to order a Whether or not to file an
search/ secure evidence Information in Court/ to
prosecute
Who presides Judge Authorized officer

As to Search Warrant Warrant of Arrest

Purpose Concerned with the search of Concerned with the arrest of a
personal property person; taking into the custody
of court
Examination of judge Personal examination of the Examination not required;
complainant and the witnesses evaluation of record is.
by a judge is required
Timing of service Served during day time, Day or night
generally
Expiration 10 days from the order Valid until served
Existence of criminal case Existence of criminal case is not Existence of a case is required
required; may be issued before
filing of a case

As to where should the application for search warrant be filed:

Where there is a pending case:

 At the court where the case is pending

Where there is NO PENDING CASE:

 territorial jurisdiction of the venue of crime

 Compelling reasons:
o Any court within the judicial region where the crime was committed (in case of
transitory crime)
o Any court within the judicial region where the warrant shall be enforced
WARRANTLESS SEARCHES

- key word = “probable cause”

 Warrantless Search incidental to LAWFUL ARREST (in flagrante delicto arrest)

 Plain View Doctrine
o GR : Only objects described in the search warrant shall be seized
 Ex: “Doctrine of Plain View”
Elements:
(1) prior justification of intrusion
(2) evidence was discovered inadvertently (napansin)
(3) immediately apparent (obvious) to the police that it is illegal/contraband
 Consented Warrantless Search: (requisites of consent)
 Stop and Frisk/ Terry Searches – (e.g. highly suspicious individual In the street)
o (1) for prevention and detection of crime without probable cause
o (2) for self preservation
**** probable cause is not required, but mere suspicion is not enough***

Personal Properties to be seized:

 Subject of the offense

 Stolen and proceeds/fruits
 Used or to be used as the means of committing an offense

Right to Break the door or window: only if after notice and demand, the officers are refused to enter
the place

Two (2) witness required: either (1) Resident/occupant (2) Living within the locality

Time of search :

GR: Daytime

MOTION TO QUASH/SUPRESS EVIDENCE

Where to file: (1) Court where pending criminal action; (2) If no pending, the issuer court