CRIMINAL PROCEDURE NOTES

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PRELIMINARY CHAPTER 1. Spanish law on criminal procedure

2. General Order No. 58, dated April 23, 1900
WHAT IS THE CLASSIFICATION OF LAWS ACCORDING TO 3. Amendatory acts passed by the Philippines Commission
APPLICATION? 4. The quasi-acts, the Philippine Bill of 1902, the Jones law of 1916,
 Public and private law Tydings-McDuffie Law, and the Constitution of the Philippines
 Public law: laws that define the relationship between the State 5. The Rules of Court of 1940, and the 1964, 1985, and 1988 Rules
and the individual (e.g Constitution, Revised Penal Code) on Criminal Procedure
 Private law: laws that define the relationship between individuals 6. Various Republic Acts: RA 240; New Rule 127, providing for
(e.g Civil Code, Commercial laws) attachment; RA 296, Judiciary Act of 1948 defining criminal
jurisdiction; BP 129, as amended by RA 7691; RA 8249 creating
WHAT IS THE CLASSIFICATION OF LAWS ACCORDING TO ITS the Sandiganbayan; RA 8349: Speedy Trial Act of 1998
NATURE? 7. Presidential decrees
 Substantive and procedural law 8. Article 3: Bill of Rights of 1987 Constitution
 Substantive law is the law that creates, defines and regulates 9. Civil Code, in particular Articles 32, 33, and 34
 Procedural law defines the method or proceedings in the 10. Certain judicial decisions
enforcement of the rights and duties defined in substantive law 11. Circulars
12. The Revised Rules on Criminal Procedure
SUBSTANTIVE LAW:
1. Creates WHAT ARE THE THREE SYSTEMS OF CRIMINAL PROCEDURE?
2. Defines 1. THE INQUISITORIAL SYSTEM
3. Regulates 2. THE ACCUSATORIAL SYSTEM
3. THE MIXED SYSTEM
WHAT IS CRIMINAL PROCEDURE?
 Criminal procedure is the method prescribed by law for the INQUISITORIAL SYSTEM
apprehension and prosecution of persons accused of any criminal  Detection and prosecution of offenders are NOT LEFT IN THE
offense and for their punishment, in case of conviction INITIATIVE OF PRIVATE PARTIES but to the officials and agents of
 As applied to criminal law, procedural law provides or regulates the law
the steps by which one who has committed a crime is to be  Resort is to SECRET INQUIRY to discover the culprit, and violence
punished and torture are often employed to extract confessions
 Judge not limited to evidence brought before him but could
MEMORY AID: CRIMINAL PROCEDURE IS THE proceed with his own inquiry which is not confrontational
1. METHOD prescribed by law  Characterized by secrecy—public doesn’t know of the proceedings
2. For the APPREHENSION AND PROSECUTION of
3. Persons ACCUSED OF ANY CRIMINAL OFFENSE and ACCUSATORIAL SYSTEM
4. For their PUNISHMENT, in case conviction  Every citizen or member of the group to which the injured party
belongs may bring the accusation against a person suspected as
WHAT IS CRIMINAL PROCEDURE CONCERNED WITH? the offender
 Procedural steps through which the criminal case passes  Action supposed to be a combat between the parties---the
commencing with the investigation of a crime and concluding with supposed offender has the right to be confronted by his accuser
the unconditional release of the offender  Battle takes form of a public trial and is judged by a magistrate
 Generic term to describe the network of laws and rules which who renders a verdict
govern the procedural administration of criminal justice  The essence of this system is the right to be presumed innocent—
to defeat this presumption, the prosecution must establish proof
WHAT ARE THE SOURCES OF CRIMINAL PROSECUTION? of guilt beyond reasonable doubt or moral certainty

BY: MA. ANGELA LEONOR C. AGUINALDO

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 Judicial setup in the Philippines is accusatorial in nature In civil cases, may be waived or Granted by law or by the constitution
 Characterized by being public stipulated by the parties and cannot be waived or stipulated

MIXED SYSTEM IN CRIMINAL CASES, IS VENUE AND JURISDICTION ONE AND THE
 Combination of the inquisitorial and accusatorial systems SAME?
 Yes, it should be filed where the crime is committed.
CRIMINAL LAW CRIMINAL PROCEDURE  This is different from civil cases, wherein venue and jurisdiction
Essentially substantive—defines Remedial or procedural—method by are different with one another
crimes, treats of their nature, and which a person accused of a crime
provides for their punishment is arrested, tried and punished CRIMINAL JURISDICTION
 Authority to hear and try a particular offense and impose the
What acts are punishable How the act is punished punishment for it

HOW ARE THE RULES OF CRIMINAL PROCEDURE CONSTRUED? ELEMENTS OF CRIMINAL JURISDICTION
 Liberally construed in favor of the accused 1. Nature of the offense and the penalty attached thereto
 Strictly construed against the State 2. Fact that the offense has been committed within the territorial
jurisdiction of the court
WHY SHOULD THE RULES OF CRIMINAL PROCEDURE BE
CONSTRUED LIBERALLY IN FAVOR OF THE ACCUSED? WHAT ARE THE REQUISITES FOR A VALID EXERCISE OF CRIMINAL
 The purpose is to even the odds between the accused and the JURISDICTION?
machineries of the State 1. Jurisdiction over the person
2. Jurisdiction over the territory
MAY THE RULES OF CRIMINAL PROCEDURE BE GIVEN 3. Jurisdiction over the subject matter
RETROACTIVE EFFECT?
 It is a general rule that rules of procedure may be given WHAT IS JURISDICTION OVER THE SUBJECT MATTER?
retroactive effect as far as it benefits the accused  Power to hear and decide cases of the general class to which the
proceedings in question belong and is conferred by the sovereign
WHAT IS JURISDICTION? authority which organizes the court and defines its powers
 Power or authority given by the law to a court or tribunal to hear
and determine certain controversies WHAT ARE THE ELEMENTS OF JURISDICTION OVER SUBJECT
 Power of courts to hear and determine a controversy involving MATTER?
rights which are demandable and enforceable 1. Nature of the offense
2. Authority of the court to impose the penalty imposable given the
allegation in the information
VENUE JURISDICTION
3. Territorial jurisdiction of the court imposing the penalty
Particular country or geographical Power of the court to decide a case
area in which a court with on the merits WHICH LAW DETERMINES THE JURISDICTION OF THE COURT—THE
jurisdiction may hear or determine LAW IN FORCE AT THE TIME OF THE COMMISSION OF THE OFFENSE
a case
OR THE ONE IN FORCE AS OF THE TIME WHEN THE ACTION IS
FILED?
Place of trial
 General rule: the law as of the time when the action is filed, and
not when the offense was committed
Procedural Substantive
 Exception to the rule: where jurisdiction is dependent on the
nature of the position of the accused at the time of the

BY: MA. ANGELA LEONOR C. AGUINALDO

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commission of the offense—in this case, jurisdiction is determined  Where the case is filed in the Supreme Court or the Court of
by the law in force at the time of the commission of the offense Appeals, these courts can refer the case to the court with proper
jurisdiction
WHY IS THE APPLICABLE LAW THE LAW IN FORCE AT THE TIME
WHEN THE ACTION IS FILED? WHAT IS THE JURISDICTION OF THE MUNICIPAL TRIAL COURTS IN
 Since otherwise, it would amount to an ex post facto law if the law CRIMINAL CASES?
is given retroactive effect and it is not beneficial to the accused. 1. Exclusive original jurisdiction over all violations of city or
municipal ordinances committed within their respective territorial
WHAT IS ADHERENCE OF JURISDICTION? jurisdiction
 Once jurisdiction is vested in the court, it is retained up to the end 2. Exclusive original jurisdiction over all offenses punishable with
of the litigation imprisonment not exceeding 6 years, regardless of the fine or
 Remains with the court until the case is finally terminated other accessory penalties and civil liability
 Exception to the rule: when a newly enacted statute changing the 3. Offenses involving damage to property through criminal
jurisdiction of a court is given retroactive effect. It can divest a negligence
court of jurisdiction over cases already pending before it is which 4. In cases where the only penalty provided by law is a fine, it has
were filed before the statute came to force or became effective. exclusive jurisdiction over offenses punishable by a fine not
exceeding P4000
WHAT IS THE MOST IMPORTANT PRINCIPLE ON JURISDICTION? 5. In election offenses, cases involving failure to register or failure to
 Jurisdiction is conferred by law vote
 This means that it cannot be the subject of stipulation or waiver 6. Special jurisdiction to hear and decide petitioners for a writ of
habeas corpus or application for bail in the province or city where
HOW IS JURISDICTION DETERMINED? the RTC judge is absent
 It is determination of the allegations contained in the complaint or 7. Cases involving BP 22—Bouncing Checks Law
information
WHAT IS THE JURISDICTION OF REGIONAL TRIAL COURTS IN
SITUATION: X WAS CHARGED WITH AN OFFENSE WHOSE PENALTY CRIMINAL CASES?
IS BELOW 6 YEARS. THE CASE WAS FILED WITH THE MTC. AFTER 1. Exclusive original jurisdiction in criminal cases not within the
TRIAL, THE MTC CONVICTED HIM OF THE CRIME WITH A HIGHER exclusive jurisdiction of any court, tribunal or body, except those
PENALTY THAN 6 YEARS. X QUESTIONED THE CONVICTION, falling under the exclusive and concurrent jurisdiction of the
CLAIMING THAT THE MTC HAS NO JURISDICTION OVER THE Sandiganbayan
OFFENSE SINCE THE PENALTY PRESCRIBED FOR IT WAS HIGHER
THAN 6 YEARS. VALID? All criminal cases where the penalty is higher than 6 years,
 X is wrong including government-related cases wherein the accused in not
 Jurisdiction over the subject matter is determined by the one of those falling under the jurisdiction of the Sandiganbayan is
AUTHORITY OF THE COURT TO IMPOSE THE PENALTY IMPOSABLE within the jurisdiction of the RTC.
GIVEN THE ALLEGATION IN THE INFORMATION
 Not determined by the penalty that may be meted out to the 2. Other laws which specifically lodge jurisdiction in the RTC
offender after trial but to the extent of the penalty which the law a. Laws on written defamation or libel
imposes for the crime charged in the complaint b. Decree on Intellectual Property
c. Dangerous Drugs Cases except where the offenders are
IF DURING THE PROCEEDINGS, THE COURT FINDS THAT IT HAS NO below 16 years and there are Juvenile and Domestic
JURISDICTION, HOW SHOULD IT PROCEED? Relations Courts in the province
 Lower courts should simply dismiss the case

BY: MA. ANGELA LEONOR C. AGUINALDO

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3. Appellate jurisdiction over all cases decided by MTCs in their 3. When the person to be arrested is a prisoner who has escaped
respective territorial jurisdiction from a penal establishment or place where he is serving final
4. In areas where there are no family courts, the cases falling under judgment or is temporarily confined while his case is pending, or
the jurisdiction of family courts shall be adjudicated by the RTC has escaped while being transferred from one confinement to
another
WHAT IS THE MEANING OF THE TERM “REGULAR COURTS”? 4. Hot pursuit
 It refers to civil courts as opposed to military courts
 Military courts cannot try and exercise jurisdiction over civilians WHAT DOES IT MEAN WHEN A PERSON VOLUNTARILY SUBMITS
for offenses allegedly committed by them as long as civil courts HIMSELF TO THE COURT?
are open and functioning  He cannot anymore question the jurisdiction of the court over his
person
WHAT COURT HAS JURISDICTION OVER A COMPLEX CRIME?
 Trial court having jurisdiction to impose the maximum and more WHEN CAN A PERSON QUESTION THE LEGALITY OF HIS ARREST?
serious penalty on an offense forming part of the complex crime  An accused may question the legality of his arrest before he
enters his plea
WHAT IS TERRITORIAL JURISDICTION?
 Territorial jurisdiction means that a criminal action should be filed CAN JURISDICTION OVER THE PERSON BE WAIVED?
in the place where the crime was committed, except in those  Yes
cases provided for in Article 2 of the Revised Penal Code  Unlike jurisdiction over the offense which is conferred by the
Constitution or by law, jurisdiction over the person may be waived
WHAT ARE THE CASES PROVIDED FOR IN ARTICLE 2?  For example, any objection to the procedure leading to the arrest
1. Should commit an offense while on a Philippine ship or airship; must be opportunely raised before the accused enters his plea, or
2. Should forge or counterfeit any coin or currency note of the it is deemed waived
Philippine Islands or obligations and securities issued by the
Government of the Philippine Islands; SITUATION: X WAS CHARGED IN COURT WITH AN OFFENSE. X
3. Should be liable for acts connected with the introduction into these FILED A MOTION TO QUASH ON THE GROUND THAT THE COURT
islands of the obligations and securities mentioned in the preceding HAS NO JURISDICTION OVER HIS PERSON BECAUSE THE ARREST
number; WAS ILLEGAL AND BECAUSE THE INFORMATION WAS INCOMPLETE.
4. While being public officers or employees, should commit an offense CAN X INVOKE LACK OF JURISDICTION OF THE COURT OVER HIS
in the exercise of their functions; or PERSON?
5. Should commit any of the crimes against national security and the  No. X cannot invoke the lack of jurisdiction of the court
law of nations, defined in Title One of Book Two of this Code.  One who desires to object to the jurisdiction of the court over his
person must appear in court for that purpose only, and if he
HOW IS JURISDICTION OVER THE PERSON OF THE ACCUSED raised other questions he waives the objection.
ACQUIRED?
1. Upon the lawful arrest of the accused SITUATION: X WAS CHARGED WITH ESTAFA IN MAKATI WHILE HE
2. Upon his voluntary appearance or submission to the court IS IN THE US. HE WAS INFORMED ABOUT THIS AND HE MOVED
FOR THE QUASHING OF THE INFORMATION AGAINST HIM.
WHEN IS THERE A LAWFUL ARREST?
1. When, in his presence, the person to be arrested has committed, IS THE PRESENCE OF THE ACCUSED NECESSARY IN ORDER FOR THE
is actually committing, or is attempting to commit an offense; COURT TO ACT ON A MOTION?
2. When an offense has just been committed and he has probable  It is not necessary for the court to first acquire jurisdiction over
cause to believe based on personal knowledge of facts or the person of the accused to act on a motion, such as dismissing a
circumstances that the person to be arrested has committed it; case or other relief.

BY: MA. ANGELA LEONOR C. AGUINALDO

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 The outright dismissal of the case even before the court acquires WHAT IS THE RELATION OF THE PRINCIPLE OF ESTOPPEL TO
jurisdiction over the person of the accused is allowed, except in ILLEGALITY OF ARRESTS?
applications for bail, in which instance the presence of the accused  A person who has not questioned the illegality of his arrest can
is mandatory. not do so after a certain period

WHY IS IT NOT NECESSARY FOR THE COURT TO FIRST ACQUIRE DOES THE PRINCIPLE OF ESTOPPEL APPLY TO THE STATE?
JURISDICTION OVER THE PERSON TO ACT ON A MOTION EXCEPT  No, it does not apply
IN APPLICATIONS FOR BAIL?
 Personal presence is needed in bail—the court needs to know who RULE 110 - PROSECUTION OF OFFENSES
the person seeking liberty is
Section 1. Institution of criminal actions.– Criminal actions shall be
SITUATION: X QUESTIONS THE LEGALITY OF HIS ARREST. HE instituted as follows:
COMES BEFORE THE COURT TO APPLY FOR BAIL. DID HE WAIVE
HIS RIGHT TO QUESTION THE LEGALITY OF HIS ARREST? (a) For offenses where a preliminary investigation is required
 Application for bail is not a waiver on the part of the arrested pursuant to section 1 of Rule 112, by filing the complaint with the
person as long as he has not entered his plea proper officer for the purpose of conducting the requisite
preliminary investigation.
CAN A PERSON WAIVE TO QUESTION THE ILLEGALITY OF HIS
ARREST? (b) For all other offenses, by filing the complaint or information
 He cannot question the illegality of his arrest after he enters his directly with the Municipal Trial Courts and Municipal Circuit Trial
plea Courts, or the complaint with the office of the prosecutor. In Manila
 He must question the illegality before arraignment or before he and other chartered cities, the complaints shall be filed with the
enters his plea office of the prosecutor unless otherwise provided in their charters.

HOW ARREST IS TO BE MADE? The institution of the criminal action shall interrupt the running of
 An arrest is made by an ACTUAL RESTRAINT of a person to be the period of prescription of the offense charged unless otherwise
arrested, or by his submission to the custody of the person provided in special laws.
making the arrest.
 No violence or unnecessary force shall be used in making an HOW ARE CRIMINAL ACTIONS INSTITUTED?
arrest. The person arrested shall not be subject to a greater 1. For offenses where a preliminary investigation is required, by filing
restraint than is necessary for his detention. a complaint with the proper officer for the purpose of conducting
the requisite preliminary investigation
WHAT DO WE MEAN BY ACTUAL RESTRAINT? 2. For the other offenses, by filing the complaint or information
 When the person is deprived of liberty or otherwise in the custody directly with the MTC or complaint with the office of the
of the person making the arrest prosecutor

IS THERE AN EXCEPTION TO THE RULE OF PHYSICAL PRESENCE IN WHAT IS THE EFFECT OF THE INSTITUTION OF THE CRIMINAL
APPLICATION FOR BAIL? ACTIONS ON THE PERIOD OF PRESCRIPTION OF THE OFFENSE?
 See the PADARANGA CASE  It shall interrupt the running off the period of prescription of the
offense unless otherwise provided for in special laws
WHAT ARE THE REMEDIES OF A PERSON ILLEGALLY ARRESTED?  Rule doesn’t apply to violations of municipal ordinances and
1. By the filing of a motion to quash special laws—interrupted only by the institution of the judicial
2. Refuse to enter plea (?) proceedings for their investigation and punishment, while
violations of municipal ordinances prescribe after 2 months

BY: MA. ANGELA LEONOR C. AGUINALDO

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3. Where actions are coupled with provisional remedies

INSTITUTION COMMENCEMENT 4. Where the action may be barred by the statute of limitations
For offenses which require Criminal action is commenced when
preliminary investigation, the the complaint or information is filed WHEN ARE AMICABLE SETTLEMENTS NOT ALLOWED?
criminal action is instituted by filing in court 1. Where one party is the government or any subdivision or
the complaint for preliminary instrumentality thereof
investigation 2. Where one party is a public officer or employee and the dispute
relates to the performance of his official functions
3. Offenses punishable by imprisonment exceeding 1 year or fine
WHAT IS THE EFFECT OF THE FILING BEFORE THE LUPON
exceeding P5000
BARANGAY TO THE RUNNING OF PRESCRIPTION?
4. Offenses where there is no private offended party
 It would interrupt the running of the prescriptive period but it
5. Where the dispute involves real properties located in different
should not be for more than 60 days
cities or municipalities
 Sixty days counted from the time when the Lupon Secretary
6. Disputes involving parties who reside in different barangays, cities
certifies that no conciliation or settlement was reached or upon
or municipalities
repudiation of the parties of the agreement
7. Other cases which the President may determine in the interest of
justice or upon the recommendation of the Secretary of Justice
CAN THE OFFENDED PARTY GO DIRECTLY TO COURT TO FILE A
CRIMINAL ACTION?
WHAT IS THE DIFFERENCE BETWEEN THE INSTANCES WHEN
 No. General rule is that before a complaint is filed in court, there
PARTIES MAY GO DIRECTLY TO COURT AND WHEN AMICABLE
should have been a confrontation between the parties before the
SETTLEMENTS ARE NOT ALLOWED?
Lupon Chairman. The Lupon secretary should certify that no
 The difference is that when the amicable settlements are not
conciliation or settlement was reached attested to by the Lupon
allowed, the parties may still go to the Lupon Taga-pamayapa. It
Chairman.
is the Lupon that will say that it has no jurisdiction to settle the
 The complaint may also be filed if the settlement is repudiated by
dispute, on the other hand, in the other instance, the parties may
the parties
go directly to the court without going to the Lupon
 Note: Lupon Tagapamayapa
Sec. 2. The complaint or information – The complaint or
WHAT IS THE PROCEDURE IN THE KATARUNGAN PAMBARANGAY
information shall be in writing, in the name of the People of the
LAW?
Philippines and against all persons who appear to be responsible
1. While the dispute is under mediation conciliation or arbitration,
for the offense involved.
the prescriptive periods for offenses and cause of action under
existing laws shall be interrupted upon filing of the complaint with
WHAT IS THE FORM REQUIRED FOR THE COMPLAINT OR
the Punong Barangay
INFORMATION?
2. Prescriptive periods shall resume upon receipt by the complainant
1. Shall be in writing
of the complaint or the certificate of repudiation or of the
2. In the name of the People of the Philippines
certification to file action filed by the Lupon or Pangkat secretary
3. Against all persons who appear to be responsible for the offense
3. Provided however, that such interruption shall not exceed 60 days
involved
from the filing of the complaint with the Punong Barangay
WHY SHOULD THE COMPLAINT OR INFORMATION BE IN THE NAME
WHAT ARE THE EXCEPTIONS TO THE RULE?
OF THE PEOPLE OF THE PHILIPPINES?
1. Where the accused is under detention
 Crime is considered an outrage against the peace and security of
2. Where a person has been otherwise deprived of personal liberty
the people at large, its vindication must also be in the name of the
calling for habeas corpus proceedings
people

BY: MA. ANGELA LEONOR C. AGUINALDO

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 If the complaint was instituted in the name of the offended party, Article 100. Civil liability of a person guilty of felony. — Every
such is only a defect in form and may be cured at any stage of the person criminally liable for a felony is also civilly liable.
trial
 Justice Sabio: there was this person charged of raping a woman
who questions why “People of the Philippines v. Juan dela Cruz” IF THE OFFENDED PARTY DIES BEFORE HE IS ABLE TO FILE A
COMPLAINT, CAN HIS HEIRS FILE IT IN HIS BEHALF?
when he has only raped one person
 No, the right to file a criminal action is personal and abates upon
HOW MANY OFFENDED PARTY COULD THERE BE? the death of the offended party. It is not transmissible to his
 Public and private offended parties heirs.
 This pertains to private crimes, compared to public crimes
 The State, which is the public offended party
 The individual, who is the private offended party
WHY DO WE HAVE TO MAKE A DISTINCTION BETWEEN PRIVATE
WHY SHOULD THE COMPLAINT BE IN WRITING? AND PUBLIC CRIMES?
 So that the court has a basis for its decision  There is a deference to the offended party when it comes to
 To inform the accused of the nature and cause of the accusation private crimes
to allow him to present his defense
 So that given the fallibility of human memory, nobody will forget CAN YOU FILE A COMPLAINT AGAINST A JURIDICAL PERSON?
the charge  No, a criminal complaint cannot lie against a juridical person
 If the corporation violates the law, the officer, through whom the
TO WHOSE DECISION IS IT TO CHARGE PERSONS WHO APPEAR TO corporation acts, answers criminally for his acts
BE RESPONSIBLE FOR THE OFFENSE?
 Prosecutor MAY CRIMINAL PROSECUTIONS BE ENJOINED?
 No, public interest requires that criminal acts must be immediately
investigated and prosecuted
Sec. 3. Complaint defined. – A complaint is a sworn written
statement charging a person with an offense, subscribed by the  Why? For the protection of society
offended party, any peace officer, or other public officer charged  Enjoin: to forbid or command someone to do something
with the enforcement of the law violated.  It is a matter of policy

WHAT IS A COMPLAINT? WHAT ARE THE EXCEPTIONS TO THE RULE THAT CRIMINAL
1. Sworn written statement PROSECUTIONS MAY BE ENJOINED?
1. To afford adequate protection to constitutional rights of the
2. Charging a person with an offense
3. Subscribed by the offended party, any peace officer, or public accused
officer charged with the enforcement of the law 2. When necessary for the orderly administration of justice or to
avoid oppression or multiplicity of actions
WHO MAY FILE A COMPLAINT? 3. Where there is a prejudicial question which is sub judice (before a
 May be filed by the offended party, any peace officer, or public court or judge for consideration)
officer charged with the enforcement of the law violated 4. When the acts of the officer are without or in excess of authority
5. Where the prosecution is under invalid law, ordinance, or
WHO IS THE OFFENDED PARTY? regulation
 Person actually injured or whose feeling is offended 6. When double jeopardy is clearly apparent
 One to whom the offender is also civilly liable under Article 100 of 7. Where the court had no jurisdiction over the offense
the RPC 8. Where is it a case of persecution rather than prosecution
9. Where the charges are manifestly false and motivated by the lust
for vengeance

BY: MA. ANGELA LEONOR C. AGUINALDO

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10. When there is clearly no prima facie case against the accused and complaint
a motion to quash on that ground has been denied
11. Preliminary injunction has been issued by the Supreme Court to
Sec. 5. Who must prosecute criminal actions. – All criminal actions
prevent the threatened unlawful arrest of petitioners
commenced by a complaint or information shall be prosecuted
under the direction and control of the prosecutor. However, in
IF THE COMPLAINT IS NOT SWORN TO BY THE OFFENDED PARTY,
Municipal Trial Courts or Municipal Circuit Trial Courts when the
IS IT VOID?
prosecutor assigned thereto or to the case is not available, the
 No, a complaint presented by a private person when not sworn to
offended party, any peace officer, or public officer charged with the
by him is not necessarily void enforcement of the law violated may prosecute the case. This
 The want of an oath is merely a defect in form, which doesn’t authority shall cease upon actual intervention of the prosecutor or
affect the substantive rights of the defendant on the merits
upon elevation of the case to the Regional Trial Court.(Read A.M.
NO. 02-2-07-SC [Effective May 01, 2002]
WHEN IS A COMPLAINT REQUIRED?
1. If the offense is one which cannot be prosecuted de officio
Latest Amendments to Section 5, Rule 110 of the Revised Rules of
2. Offense is private in nature
Criminal Procedure which provides: "Section 5. Who must
3. Where it pertains to those cases which need to be endorsed by prosecute criminal action. - All criminal actions either commenced
specific public authorities by complaint or by information shall be prosecuted under the
direction and control of a public prosecutor. In case of heavy work
Sec. 4. Information defined. – An information is an accusation in
schedule of the public prosecutor or in the event of lack of public
writing charging a person with an offense, subscribed by the
prosecutors, the private prosecutor may be authorized in writing by
prosecutor and filed with the court.
the Chief of the Prosecution Office or the Regional State Prosecutor
to prosecute the case subject to the approval of the court. Once so
WHAT IS AN INFORMATION?
authorized to prosecute the criminal action, the private prosecutor
1. Accusation in writing shall continue to prosecute the case up to end of the trial even in
2. Charging a person with an offense
the absence of a public prosecutor, unless the authority is revoked
3. Subscribed by the prosecutor
or otherwise withdrawn. x x x .").
4. Filed in the court
The crimes of adultery and concubinage shall not be prosecuted
COMPLAINT INFORMATION except upon a complaint filed by the offended spouse. The offended
May be signed by the offended Always signed by prosecuting officer party cannot institute criminal prosecution without including the
party, any peace officer, or other guilty parties, if both are alive, nor, in any case, if the offended
public officer in charge with the party has consented to the offense or pardoned the offenders.
enforcement of the law violated
The offenses of seduction, abduction and acts of lasciviousness
Sworn to by the person signing it Need not be under oath since the shall not be prosecuted upon a complaint filed by the offended
prosecuting officer filing it is already party or her parents, grandparents or guardian, nor, in any case, if
acting under his oath of office the offender has been expressly pardoned by any of them. If the
offended party dies or becomes incapacitated before she can file
May be filed either with the office Always filed in the court the complaint, and she has no known parents, grandparents or
of prosecutor or with the court guardian, the State shall initiate the criminal action in her behalf.

In private offenses, this would start The offended party, even if a minor, has the right to initiate the
the proceedings An information is a product of a prosecution of the offenses of seduction, abduction and acts of

BY: MA. ANGELA LEONOR C. AGUINALDO

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lasciviousness independently of her parents, grandparents, or  The resolution of the Secretary of Justice may be appealed to the
guardian, unless she is incompetent or incapable of doing so. Office of the President in cases of offenses punishable by death or
Where the offended party, who is a minor, fails to file the reclusio perpetua
complaint, her parents, grandparents, or guardian may file the
same. The right to file the action granted to parents, grandparents, IS THE PROSECUTOR REQUIRED TO BE PHYSICALLY PRESENT IN
or guardian shall be exclusive of all other persons and shall be THE TRIAL OF A CRIMINAL CASE?
exercised successively in the order herein provided, except as  If he is not physically present, it cannot be said that the
stated in the preceding paragraph. prosecution was under his supervision and control—as held in the
case of People v. Beriales
No criminal action for defamation which consists in the imputation  People v. Malinao and Bravo v. CA—proceedings are valid even
of any of the offenses mentioned above shall be brought except at without the physical presence of the fiscal who left the prosecution
the instance of and upon complaint filed by the offended party. to the private prosecutor under his supervision and control

The prosecution for violation of special laws shall be governed by AFTER A CASE IS FILED IN COURT, TO WHOM SHOULD A MOTION
the provision thereof. TO DISMISS BE ADDRESSED?
 Once the information is filed in court, the court acquires
WHO MAY PROSECUTE CRIMINAL ACTIONS? jurisdiction
 General rule: all criminal actions commenced by the filing of a  Whatever the disposition the prosecutor may feel would proper in
complaint or information shall be prosecuted under the direction the case thereafter should be properly addressed to the
and control of the prosecutor consideration of the court, subject only to the limitation that the
 In the MTC or MCTC, if the prosecutor is unavailable, the offended court could not impair the substantial rights of the accused or the
party, any peace officer or public officer in charge with the right of the people to due process
enforcement of the law violated may prosecute. This authority
ceases upon actual intervention of the prosecutor or upon WHERE SHOULD A MOTION FOR REINVESTIGATION BE FILED?
elevation of the case to the RTC.  Should be to the trial judge and to him alone

CAN A PROSECUTOR BE COMPELLED TO FILE A PARTICULAR IF THE PROSECUTOR THINKS AFTER FILING A CASE, THAT A PRIMA
COMPLAINT OR INFORMATION? FACIE CASE DOES NOT EXIST, CAN HE REFUSE TO PROSECUTE?
 No  No, he cannot refuse to prosecute
 A prosecutor is under no compulsion to file a particular criminal  He is obliged by law to proceed and prosecute the criminal action
information where he is not convinced that he has evidence to  He cannot impose his opinion on court
support his allegations thereof  At most, he could file a Motion for Reinvestigation or a Motion to
 May generally be not compelled by mandamus except if the Withdraw Information
prosecutor shows evident bias in filing the information and refuses  Justice Sabio: the judge would be stupid enough not to grant a
to include co-accused without justification Motion to Withdraw Information or Motion for Reinvestigation
 But before filing of mandamus, the party must first avail himself  Serapio v. Sandiganbayan: the court may order the dismissal of a
of such other remedies such as the filing of a motion for inclusion case if it finds the absence of probable cause (essence of the
 The power of prosecution is discretionary in nature control of the court)

TO WHOM SHOULD ONE APPEAL A DECISION OF THE PROSECUTOR? WHAT IS THE DISTINCTION BETWEEN THE CONTROL BY THE
 The decision of the Prosecutor may be appealed to the Secretary PROSECUTION AND CONTROL BY THE COURT?
of Justice or in special cases by the President of the Philippines  Before the filing of the case in court, the prosecution has control
over the following—what case to file, if need be; whom to
prosecute; the manner of prosecution; to conduct reinvestigation

BY: MA. ANGELA LEONOR C. AGUINALDO

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 The right to prosecute vests the prosecutor with a wide range of WHAT IS THE MEANING OF THE STATEMENT THAT COMPLIANCE
discretion—the discretion of whether, what, and whom to charge, WITH THE RULE IS JURISDICTIONAL?
the exercise of which depends on a variety of factors which are  Complaint filed by the offended party is what starts the
best appreciated by the prosecutors prosecution, without which the courts cannot exercise their
 After the filing of the case in court, the court has control over the jurisdiction
following—the suspension of arraignment; reinvestigation;  Prosecution cannot proceed without the complaint being filed by
prosecution by the prosecutor; dismissal or withdrawal of the the complainant
case; and downgrading of the offense or dropping of the accused
even before plea; and review of the Secretary’s recommendation CAN A FATHER FILE A COMPLAINT ON BEHALF OF HIS DAUGHTER
and reject it if there is grave abuse of discretion FOR CONCUBINAGE?
 No, the rule allowing parents, grandparents, or guardians to file a
WHAT ARE THE LIMITATIONS ON THE CONTROL OF THE COURT? complaint on behalf of the minor applies only to the offenses of
1. Prosecution is entitled to notice seduction, abduction, and acts of lasciviousness
2. The court must await the result of the petition for review  A complaint for adultery and concubinage may only be filed by the
3. The prosecution’s stand to maintain prosecution should be offended party
respected by the court
IF THE OFFENDED PARTY IS OF AGE IN THE CRIME OF ABDUCTION,
WHAT ARE THE CRIMES THAT MUST BE PROSECUTED UPON SEDUCTION, OR ACTS OF LASCIVIOUSNESS, CAN HER PARENTS,
COMPLAINT OF THE OFFENDED PARTY? GRANDPARENTS, OR GUARDIAN FILE THE COMPLAINT FOR HER?
1. Adultery and concubinage  No. If the offended party is already of age, she has the exclusive
2. Seduction, abduction, acts of lasciviousness right to file the complaint unless she becomes incapacitated
3. Defamation which consists in the imputation of an offense  The parents, grandparents, and guardians only have exclusive
mentioned above successive authority to file the case if the offended party is only a
minor
IS THERE DEFAMATION AND A PRIVATE CRIME WHEN ONE CALLS
ANOTHER BLASPHEMOUS AND CHRONIC LIAR? IF THE OFFENDED PARTY DIES DURING THE PENDENCY OF THE
 No, for the defamation to be considered a private crime, there CASE, IS THE CRIMINAL LIABILITY OF THE ACCUSED
should be imputation of committing adultery, concubinage, EXTINGUISHED?
seduction, abduction, or acts of lasciviousness  No, the death of the complainant during the pendency of the case
is not a ground for the extinguishment of criminal liability whether
WHAT IS A PRIVATE CRIME? total or partial
 Private offense which cannot be prosecuted except upon a
complaint filed by the aggrieved party X FILED A SWORN COMPLAINT FOR ACTS OF LASCIVIOUSNESS
 Only to give deference to the offended party who may prefer not BEFORE THE PROSECUTOR. BEFORE THE PROSECUTOR COULD FILE
to file the case instead of going through a scandal of a public trial A CASE IN COURT, X DIED. CAN THE PROSECUTOR STILL FILE THE
INFORMATION IN COURT?
AFTER THE CASE FOR A PRIVATE CRIME IS FILED IN COURT, WHAT  Yes, the desire of X to file the case is evident in her filing of
IS THE EFFECT OF PARDON BY THE OFFENDED PARTY? complaint before the prosecutor
 Will not have any effect on the prosecution of the offense
 Once a complaint has been filed in court, jurisdiction over the AN INFORMATION FOR ROBBERY WITH RAPE WAS FILED AGAINST
offense will be acquired and will continue to be exercised by the X. X MOVED TO DISMISS THE INFORMATION ON THE GROUND
court until the termination of the case THAT THERE WAS NO COMPLAINT FILED BY THE OFFENDED PARTY.
SHOULD THE CASE BE DISMISSED?

BY: MA. ANGELA LEONOR C. AGUINALDO

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 CRIMINAL PROCEDURE NOTES
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 No, in robbery with rape, the complaint of the offended party is

not necessary since the offense of robbery is not a private offense 2. In all criminal prosecutions, the accused shall be presumed
 Prosecution can be commenced without the complaint of the innocent until the contrary is proved, and shall enjoy the right to be
offended party heard by himself and counsel, TO BE INFORMED OF THE NATURE
AND CAUSE OF THE ACCUSATION AGAINST HIM, to have a speedy,
Sec. 6. Sufficiency of complaint or information. – A complaint or impartial, and public trial, to meet the witnesses face to face, and
information is sufficient if it states the name of the accused; the
to have compulsory process to secure the attendance of witnesses
designation of the offense given by the statute; the acts or and the production of evidence in his behalf. However, after
omissions complained of as constituting the offense; the name of arraignment, trial may proceed notwithstanding the absence of the
the offended party; the approximate date of the commission of the accused: Provided, that he has been duly notified and his failure to
offense; and the place where the offense was committed.
appear is unjustifiable.

When an offense is committed by more than one person, all of them

shall be included in the complaint or information.
Sec. 7. Name of the accused. – The complaint or information must
state the name and surname of the accused or any appellation or
WHEN IS A COMPLAINT OR INFORMATION DEEMED SUFFICIENT?
nickname by which he has been or is known. If his name cannot be
 It is deemed sufficient if it states the following:
ascertained, he must be described under a fictitious name with a
o The name of the accused
statement that his true name is unknown.
o The designation of the offense as defined by statute
o The acts or omissions complained of as constituting the
offense If the true name of the accused is thereafter disclosed by him or
appears in some other manner to the court, such true name shall
o The name of the offended party
be inserted in the complaint or information and record.
o The approximate date of the commission of the offense
o The place of the commission of the offense
 Nothing in Section 6 or 8 of Rule 110 mandates that the material WHEN IS THE ERROR IN THE NAME OF THE ACCUSED NOT FATAL TO
AN INFORMATION?
allegations should be stated in the preamble or caption of the
 Error in the name of the accused will not nullify the information if
Information (People v. Villanueva)
it contains sufficient description of the person of the accused
X WAS CHARGED WITH RAPE OF THE 10-YEAR-OLD DAUGHTER OF
WHEN SHOULD THE ERROR IN THE NAME OR IDENTITY BE RAISED
HIS COMMON-LAW WIFE. THE INFORMATION ONLY ALLEGED
BY THE ACCUSED?
MINORITY AND RELATIONSHIP IN THE TITLE. VALID?
 The error should be raised before arraignment, or else it is
 Yes. As held in People v. Villanueva, “Nothing in Section 6 or 8 of
deemed waived
Rule 110 mandates that the material allegations should be stated
in the preamble or caption of the Information”
WHY SHOULD THE NAME OF THE ACCUSED BE PROVIDED?
WHAT IS THE RATIONALE BEHIND THE REQUIREMENTS TO DEEM A  In the issuance of the arrest warrants
COMPLAINT OR INFORMATION TO BE SUFFICIENT?  For the court to acquire jurisdiction
 This is in consonance with the accused’s right to be informed of
the nature and cause of the accusation against him Sec. 8. Designation of the offense. – The complaint or information
shall state the designation of the offense given by the statute, aver
the acts or omissions constituting the offense, and specify its
ARTICLE 3, SECTION 14. qualifying and aggravating circumstances. If there is no
designation of the offense, reference shall be made to the section
1. No person shall be held to answer for a criminal offense or subsection of the statute punishing it.
without due process of law.

BY: MA. ANGELA LEONOR C. AGUINALDO

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estafa would violate his right to be informed of the nature and

WHAT SHOULD BE INCLUDED IN THE DESIGNATION OF THE cause of the accusation against him.
OFFENSE IN THE COMPLAINT OR INFORMATION?
1. Designation of the offense given by the statute X WAS CHARGED WITH MURDER. CAN HE BE CONVICTED OF
2. Acts and omissions constituting the offense HOMICIDE?
3. Qualifying and aggravating circumstances  Yes. It is the recital of the facts and not the designation of the
4. If there is no designation of the offense by the statute, reference offense, which is controlling.
shall be made to the section or subsection of the statute punishing  Murder is constituted of homicide with additional qualifying
it aggravating circumstances. It may be the case that the qualifying
aggravating circumstances were not proven, to convict the
THE INFORMATION MERELY ALLEGED EVIDENT PREMEDITATION accused
BUT THE TRIAL COURT CONSIDERED IT IN IMPOSING THE
PENALTY. VALID? WHAT IS THE REASON FOR QUALIFYING OR AGGRAVATING
 Invalid. It is not enough that the aggravating circumstance of CIRCUMSTANCES?
evident premeditation be alleged.  Its existence may give another designation of the offense
 The essential elements thereof, just like the offense itself, must be committed or increase the penalty to be imposed if the accused is
clearly proven and established convicted

X WAS CHARGED WITH HOMICIDE. CAN HE POSSIBLY BE WHAT SHOULD THE PROSECUTOR DO IF EVER THERE EXISTS
CONVICTED OF MURDER? AGGRAVATING OR QUALIFYING CIRCUMSTANCES?
 Yes. If the recitals in the complaint or information of the acts and  To be appreciated, it must be specifically included in the allegation
omissions constituting the offense actually allege murder, X can of facts.
be convicted of murder.  It must also be proven just like the crime itself—it should be
 The reason is that the recital of facts and not the designation of proven beyond reasonable doubt
the offense that is controlling
WHAT ARE NEGATIVE ALLEGATIONS? WHAT IS THE DIFFERENCE
IN IMPOSING THE PENALTY FOR THE CRIME OF MURDER THE TRIAL OF A NEGATIVE ALLEGATION AS AN ESSENTIAL ELEMENT OF A
COURT CONSIDERED THE CIRCUMSTANCE OF THE USE OF AN CRIME AND A NEGATIVE ALLEGATION AS NOT AN ELEMENT OF A
UNLICENSED FIREARM AS PROVEN DURING THE TRIAL TO QUALIFY CRIME?
THE CRIME PURSUANT TO RA 8294, EVEN IF NOT ALLEGED IN THE  A negative allegation as an essential element or ingredient of a
INFORMATION. VALID? crime, it should be included in the information and must be
 No. The culprit’s use of an unlicensed firearm is an essential proven to be able to convict the accused
element, of which circumstances which must be alleged  A negative allegation, if not an essential element of a crime, it
may not be included in the information to be able to convict the
X WAS CHARGED WITH ESTAFA BUT THE RECITAL OF FACTS accused
ACTUALLY ALLEGES THEFT. CAN X BE CONVICTED OF THEFT?  If a person is caught with a firearm without any license, the
 Yes, because it is the recital of facts, not the designation of the information should indicate that he was carrying the firearm
offense which is controlling without any license. This is a mala prohibitum. If the absence of
license is not included in the information, he could not be
X WAS CHARGED WITH ESTAFA AND THE RECITAL OF FACTS convicted.
ALLEGE ESTAFA. CAN X BE CONVICTED OF THEFT?  If a person is caught with prohibited drugs. This is a mala in se.
 No, the two crimes have elements that are different from each It is enough that he was in possession of such drugs. You don’t
other. To convict X of theft under an information that alleges need to allege that he isn’t in possession of any prescription. The

BY: MA. ANGELA LEONOR C. AGUINALDO

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doctor’s prescription as mentioned by the accused is only a matter IN WHAT CASE CAN AN ACCUSED NOT BE CONVICTED OF A CRIME
of defense. DIFFERENT FROM THAT DESIGNATED IN THE COMPLAINT OR
INFORMATION EVEN IF THE RECITAL OF FACTS ALLEGE THE
X WAS CHARGED WITH RAPE OF THE 10-YEAR-OLD DAUGHTER OF COMMISSION OF THE CRIME?
HIS COMMON-LAW WIFE. THE INFORMATION ONLY ALLEGED The accused cannot be convicted if:
MINORITY. THE COURT CONVICTED THE ACCUSED OF RAPE AND 1. It involves a change of theory in the trial
IMPOSED THE DEATH PENALTY AFTER THE RELATIONSHIP OF THE 2. It requires of the defendant a different defense
ACCUSED WITH THE VICTIM’S MOTHER WAS PROVEN. WAS THE 3. It surprises the accused in anyway
COURT CORRECT?
 No, while under Article 335 of the RPC amended by RA 7659, the X WAS ACCUSED OF ILLEGAL POSSESSION OF FIREARMS, BUT THE
accused may be sentenced to death if the victim is a minor and INFORMATION DIDN'T ALLEGE THAT X DIDN'T HAVE ANY LICENSE
the offender is the parent, ascendant, stepparent, guardian, TO POSSESS THE FIREARM. IS THE INFORMATION VALID?
relative by consanguinity or affinity within the third civil degree, or  No, the absence of the license is an essential element of the
the common-law spouse of the parent of the victim, THE TWIN offense
REQUISITES OF MINORITY AND RELATIONSHIP MUST BE  It should be alleged in the complaint or information
ALLEGED AND PROVED TO WARRANT THE IMPOSITION OF THE
DEATH PENALTY THE TRIAL COURT FOUND THAT THE AGGRAVATING
CIRCUMSTANCE OF SUPERIOR STRENGTH AND DISREGARD OF SEX
X WAS CHARGED WITH RAPE COMMITTED THROUGH FORCE AND ATTENDED THE COMMISSION OF THE CRIME AND WERE
INTIMIDATION. CAN HE BE CONVICTED OF RAPE WHERE THE SUFFICIENTLY PROVEN. THE COURT THUS CONSIDERED THEM IN
WOMAN IS DEPRIVED OF REASON OR IS OTHERWISE CONVICTING AND SENTENCING ACCUSED. VALID?
UNCONSCIOUS?  No, aggravating circumstances even if proven during the trial
 No, where the law distinguishes two cases of violation of its could affect the culprit’s liability if the information failed to allege
provision, the complaint or information must specify under which such circumstances
of the two cases the defendant is being charged
X WAS CHARGED WITH ILLEGAL POSSESSION OF OPIUM. X
Sec. 9. Cause of the accusation. – The acts or omissions complained CONTENDS THAT THE INFORMATION WAS INVALID FOR FAILURE
of as constituting the offense and the qualifying and aggravating TO ALLEGE THAT HE DIDN'T HAVE A PRESCRIPTION FROM A
circumstances must be stated in ordinary and concise language and PHYSICIAN. IS X CORRECT?
not necessarily in the language used in the statute but in terms  No, the absence of the prescription is not an essential element of
sufficient to enable a person of common understanding to know the offense and is only a matter of defense
what offense is being charged as well as its qualifying and  It need not be alleged in the information.
aggravating circumstance and for the court to pronounce
judgment. Sec. 10. Place of commission of the offense. – The complaint or
information is sufficient if it can be understood from its allegations
IN THE INFORMATION FOR RAPE THE AGES AND RELATIONSHIP OF that the offense was committed or some of its essential ingredients
THE VICTIMS WERE STATED BUT NOT ALLEGED WITH SPECIFICITY occurred at some place within the jurisdiction of the court, unless
AS QUALIFYING CIRCUMSTANCES. IN IMPOSING THE PENALTY, the particular place where it was committed constitutes an
THE COURT CONSIDERED THEM AS QUALIFYING CIRCUMSTANCES. essential element of the offense charged or is necessary for its
PROPER? identification.
 The requirement under Section 8 is satisfied as long as the
circumstances are alleged in the information even if those are not THE INFORMATION MENTIONS THAT THE CRIME WAS COMMITTED
specified as aggravating or qualifying circumstances WITHIN THE TERRITORIAL JURISDICTION OF THE COURT. IS THIS
SUFFICIENT?

BY: MA. ANGELA LEONOR C. AGUINALDO

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 Yes, as long as it is alleged that the essential ingredients of the (a) In offenses against property, if the name of the offended party
offense or crime has been committed within the territorial is unknown, the property must be described with such particularity
jurisdiction of the court as to properly identify the offense charged.

IN WHICH OFFENSES IS THE PARTICULAR PLACE WHERE THE (b) If the true name of the person against whom or against whose
OFFENSE WAS COMMITTED ESSENTIAL? property the offense was committed is thereafter disclosed or
The particular place where the offense was committed is essential in the ascertained, the court must cause such true name to be inserted in
following crimes: the complaint or information and the record.
1. Violation of domicile
2. Penalty on the keeper, watchman, visitor of opium den (c) If the offended party is a juridical person, it is sufficient to state
3. Trespass to dwelling its name, or any name or designation by which it is known or by
4. Violation of election law—prohibiting the carrying of a deadly which it may be identified, without need of averring that it is a
weapon within a 30-m radius of polling place juridical person or that it is organized in accordance with law.

Sec. 11. Date of commission of the offense. - It is not necessary to IN WHAT CASE IS THE NAME OF THE OFFENDED PARTY
state in the complaint or information the precise date the offense DISPENSIBLE?
was committed except when it is a material ingredient of the  In offenses against property, the name of the offended party may
offense. The offense may be alleged to have been committed on a be dispensed with as long as the object taken or destroyed is
date as near as possible to the actual date of its commission. particularly described to properly identifying the offense

ACCUSED WAS CHARGED AND CONVICTED OF RAPE COMMITTED ON IN WHAT CASES IS THE NAME OF THE OFFENDED PARTY
OR ABOUT THE MONTH OF AUGUST 1996. VALID? INDISPENSIBLE?
 Yes. If the appellant was of the belief that the complaint was  In cases involving slander and robbery with violence or
defective, he should have filed a motion for a bill of particulars intimidation (People v. Lahoylaloy, 38 Phil 330)
with the trial court before his arraignment.
WHEN SHOULD THE ACCUSED RAISE AN ERROR IN HIS NAME?
FOR WHICH OFFENSES IS THE TIME OF THE COMMISSION OF THE  Upon arraignment
OFFENSE ESSENTIAL?  Otherwise, he is deemed to have waived the question of his
 The time of the commission of the offense is essential in the identity on appeal
following crimes:
o Infanticide Sec. 13. Duplicity of the offense. – A complaint or information must
o Violation of Sunday Statutes or Election laws charge only one offense, except when the law prescribes a single
o Abortion punishment for various offenses.
o Bigamy
WHAT IS THE RULE ON DUPLICITY OF OFFENSES?
Sec. 12. Name of the offended party. – The complaint or  General rule: A complaint or information must charge only one
information must state the name and surname of the person offense
against whom or against whose property the offense was  Exception: when the law provides only one punishment for the
committed, or any appellation or nickname by which such person various offenses (complex and compound crimes under Article 48
has been or is known. If there is no better way of identifying him, of the RPC and special complex crimes)
he must be described under a fictitious name.
ARTICLE 48: PENALTY FOR COMPLEX CRIMES
When a single act constitutes two or more grave or less grave
felonies, or when an offense is necessary for committing the other,

BY: MA. ANGELA LEONOR C. AGUINALDO

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the penalty for the most serious crime shall be imposed, the same WHAT IS THE PRINCIPLE OF ABSORPTION?1
to be applied in its maximum period  In cases of rebellion, other crimes committed in the course of
crime are deemed absorbed in the crime of rebellion either as a
WHAT IS THE EFFECT OF THE FAILURE OF THE ACCUSED TO OBJECT means necessary for its commission or as an unintended effect of
TO A DUPLICITOUS INFORMATION? rebellion
 If the accused fails to object before arraignment, the right is  They cannot be charged as separate offenses in themselves
 Exception: when the common crimes are committed without any
deemed waived, and he may be convicted of as many offenses as
there are charged political motivation. In such case, they will not be absorbed by
rebellion.
WHAT IS THE REMEDY OF AN ACCUSED IN CASE OF DUPLICITOUS
IF HOMICIDE OR MURDER IS COMMITTED WITH THE USE OF AN
OFFENSES CHARGED AGAINST HIM?
 The accused may file a motion to quash on void complaint UNLICENSED FIREARM, HOW MANY OFFENSES ARE THERE?
 There is only one offense—murder or homicide aggravated by the
WHAT IS A COMPLEX CRIME? use of the unlicensed firearm
1. When a single act produces two or more grave or less grave felonies
2. When an offense is necessary for committing the other X WAS SPEEDING ON A HIGHWAY WHEN HIS CAR COLLIDED WITH
ANOTHER CAR. THE OTHER CAR WAS TOTALLY WRECKED AND THE
DRIVER OF THE OTHER CAR SUFFERED SERIOUS PHYSICAL
WHAT IS A COMPOUND CRIME?
 When a single act constitutes 2 or more grave or less grave INJURIES. HOW MANY INFORMATION SHOULD BE FILED AGAINST
felonies X?
 Only one information should be filed for serious physical injuries
WHAT IS A COMPLEX CRIME PROPER? and damage to property through reckless imprudence
 When an offense is necessary for committing the other  The information against X cannot be split into 2 because there was
only one negligent act resulting in serious physical injuries and
X FIRED HIS GUN ONCE, BUT THE BULLET KILLED 2 PERSONS. HE damage to property
WAS CHARGED WITH TWO COUNTS OF HOMICIDE IN ONE
INFORMATION. CAN HE BE CONVICTED UNDER THAT SAME CASE AS ABOVE, BUT THE INJURIES SUFFERED BY THE
INFORMATION? DRIVER WERE ONLY SLIGHT PHYSICAL INJURIES. HOW MANY
INFORMATIONS SHOULD BE FILED?
 Yes. It falls under the exception to the rule.
 This is a compound crime in which one act results in two or more  Two informations this time—one for the slight physical injuries and
grave or less grave felonies the other for damage to property
 Light felonies may not be complexed
 The law provides only one penalty for the two offenses

X WAS CHARGED WITH BOTH ROBBERY AND ESTAFA IN ONE

INFORMATION. CAN HE BE CONVICTED OF BOTH OFFENSES?
 It depends. If he objects to the duplicitous information before
1
arraignment, he cannot be convicted under the information. Justice Sabio: he remembers a stupid decision wherein the SC held that
 But if he fails to object before arraignment, he can be convicted of the crime of illegal possession of firearms is absorbed in crimes embodied
as many offenses as there are in the information by the Revised Penal Code. There was this gang war between children of
politicians in Greenhills. They got their high-powered guns and proceeded
to Greenhills. When the police authorities were near, the spoiled brats shot
at the rats. They were only convicted of ALARMS AND SCANDALS. The
height of absurdity and no less than the former Chief Justice, Hilario
Davide, was the one who made this monumental doctrine.

BY: MA. ANGELA LEONOR C. AGUINALDO

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Sec. 14. Amendment or substitution. – A complaint or information 2. The accused cannot be convicted of the offense charged or of any
may be amended, in form or in substance, without leave of court at other offense necessarily included therein
any time before the accused enters his plea. After the plea and 3. Provided that he will not be placed in double jeopardy
during the trial, a formal amendment may only be made with leave
of court and and when it can be done without causing prejudice to WHEN ARE THE RIGHTS OF THE ACCUSED MAY BE PREJUDICED BY
the rights of the accused. AN AMENDMENT?
The rights of the accused may be prejudiced by an amendment in the
However, any amendment before plea, which downgrades the following circumstances:
nature of the offense charged in or excludes any accused from the 1. When the defense which he had under the original information
complaint or information, can be made only upon motion by the would no longer be available
prosecutor, with notice to the offended party and with leave of 2. When any evidence which he had under the original information
court. The court shall state its reasons in resolving the motion and would no longer be available
copies of its order shall be furnished all parties, especially the 3. When any evidence which he had under the original information
offended party. would no longer be applicable to the amended information

If it appears at anytime before judgment that a mistake has been WHAT ARE SUBSTANTIAL AMENDMENTS?
made in charging the proper offense, the court shall dismiss the  Amendments involving the recital of facts constituting the offense
original complaint or information upon the filing of a new one and determinative of the jurisdiction of the court
charging the proper offense in accordance with section 19, Rule  All other matters are merely of form
119, provided the accused shall not be placed in double jeopardy.  After plea, substantial amendments are prohibited
The court may require the witnesses to give bail for their
appearance at the trial. WHEN CAN THERE BE AN AMENDMENT?
 BEFORE PLEA, a complaint or information can be amended in form
WHEN CAN A COMPLAINT OR INFORMATION BE AMENDED? or in substance without leave of court, except if the amendment
 General rule: Before plea, a complaint or information can be will downgrade the offense or drop an accused from the complaint
amended in form or in substance without leave of court or information. In such a case, the following requisites must be
 Exception: if the amendment will downgrade the offense or drop observed:
an accused from the complaint or information. In such case, the 1. Must be made upon motion of the prosecutor
following requisites shall be observed: 2. With notice to the offended party
1. The amendment must be made upon motion of the prosecutor 3. With leave of court
2. With notice to the offended party 4. The court must state its reason in resolving the motion
3. With leave of court 5. Copies of the resolution should be furnished all parties,
4. The court must state its reason in resolving the motion especially the offended party
5. Copies of the resolution should be furnished all parties,
especially the offended party  AFTER PLEA, only formal amendments may be made only with
 After plea, only FORMAL AMENDMENTS may be made but with the leave of court and when it can be done without
leave of court and when it can be done without causing prejudice causing prejudice to the rights of the accused.
to the rights of the accused
WHAT IS A SUBSTITUTION?
WHEN CAN A COMPLAINT OR INFORMATION BE SUBSTITUTED?  A complaint or information may be substituted if at any time
A complaint or information may be substituted if: before judgment, it appears that a mistake has been made in
1. At any time before judgment it appears that a mistake has been charging the proper offense, and the accused cannot be convicted
made in charging the proper offense, and of the offense charged or of any other offense necessarily included
therein, provided that he will not be placed in double jeopardy.

BY: MA. ANGELA LEONOR C. AGUINALDO

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WHAT ARE THE DISTINCTIONS BETWEEN AN AMENDMENT AND A WHEN CAN THERE BE DOUBLE JEOPARDY?
SUBSTITUTION?  To substantiate a claim of double jeopardy, the following must be
1. Amendment may involve either formal or substantial changes, while proven:
substitution necessarily involves a substantial change. a. The first jeopardy must have attached prior to the second
2. Amendment before plea can be effected without leave of court, but b. The first jeopardy must have been validly terminated
substitution is always done with leave of court since it involves the c. The second jeopardy must be for the same offense, or the
dismissal of the original complaint. second offense includes or is necessarily included in the offense
3. Where the amendment is only as to form, there is no need for a new charged in the first information, or is an attempt to commit the
preliminary investigation or plea; in substitution, another preliminary same or is a frustration thereof
investigation and plea is required.
4. An amended information refers to the same offense charged or to one, WHEN DOES DOUBLE JEOPARDY ATTACH?
which necessarily includes or is necessarily included in the original charge,  In order that protection against double jeopardy may inure in favor
hence substantial amendments after plea cannot be made over the of the accused, the following should be present:
objection of the accused. Substitution requires that the new information is a. A valid complaint or information
for a different offense which does not include or is not necessarily included b. A competent court
in the original charge. c. The defendant pleaded to the charge
d. The defendant was acquitted or convicted, or the case against
AMENDMENT SUBSTITUTION him was dismissed or otherwise terminated without his express
May invoke either formal or Necessarily involves a substantial consent
substantial changes change
IS AN ADDITIONAL ALLEGATION OF HABITUAL DELINQUENCY AND
Before plea, can be effected without Always done with leave of court RECIDIVISM A SUBSTANTIAL AMENDMENT?
leave of court  No, these allegations only relate to the range of the imposable
penalty but not the nature of the offense
Amended information refers to the Requires that new information is for
same offense charged or to one, a different offense which doesn’t IS THE AMENDMENT OF AN INFORMATION FROM FRUSTRATED
which necessarily includes or is include or isn’t necessarily included MURDER TO CONSUMMATED MURDER A SUBSTANTIAL
necessarily included in the original in the original charge AMENDMENT?
charge  No, it is merely a formal amendment and the accused need not
have to be re-arraigned
WHAT IS THE TEST TO DETERMINE IF WHAT IS NEEDED IS
IS AN ADDITIONAL ALLEGATION OF CONSPIRACY A SUBSTANTIAL
AMENDMENT OR SUBSTITUTION?
AMENDMENT?
 Whether the new offense necessarily includes or is necessarily
 No, it is not a substantial amendment (new Sabio answer)
included in the original charge, or is an attempt to commit the
 Yes because it changes the theory of the defense. It makes the
same or frustration thereof
accused liable not only for his own acts but also for those of his
co-conspirators. (Old J. Sabio answer)
IS THERE A NEED FOR SUBSTITUTION OR AMENDMENT WHEN THE
 The new answer is: No, it is not a substantial amendment in the
ORIGINAL CRIME CHARGED IS ROBBERY BUT IT WAS LATER
following example: X is charged with murder as principal. Later,
FOUND OUT THAT THE CRIME SHOULD BE THEFT?
the complaint is amended to include two other persons who
 No since theft and robbery are similar in their elements, it is only
allegedly conspired with X. Can X invoke double jeopardy on the
the existence of certain aggravating or qualifying circumstances in
ground that the amendment is substantial? No. The amendment
robbery that makes the difference

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is merely a formal amendment because it does not prejudice the IS THERE AN ABSOLUTE RIGHT TO SUBSTITUTION INFORMATION
rights of X, who was charged as a principal to begin with. BY FILING A NEW ONE?
 No, the right is subject to the following limitations:
X IS CHARGED WITH MURDER AS A PRINCIPAL. LATER, THE 1. That no judgment has been rendered yet
COMPLAINT IS AMENDED TO INCLUDE TWO OTHER PERSONS WHO 2. That the accused cannot be convicted of the offense charged
ALLEGEDLY CONSPIRED WITH X. VALID? or of any other offense necessarily included therein
 X cannot invoke double jeopardy on the ground that the 3. That the accused will not be placed in double jeopardy
amendment is substantial
 The amendment is merely a formal amendment because it doesn’t Sec. 15. Place where action is to be instituted. –
prejudice the rights of X, who was charged as a principal to begin (a) Subject to existing laws, the criminal action shall be instituted
with and tried in the court of the municipality or territory where the
offense was committed or where any of its essential ingredients
IS A CHANGE IN THE ITEMS STOLEN BY THE ACCUSED A occurred.
SUBSTANTIAL AMENDMENT OR A FORMAL AMENDMENT?
 It is substantial as it affects the essence of the imputed crime and (b) Where an offense is committed in a train, aircraft, or other
would deprive the accused of the opportunity to meet all the public or private vehicle in the course of its trip, the criminal action
allegations in preparation of his defense shall be instituted and tried in the court of any municipality or
territory where such train, aircraft, or other vehicle passed during
IS THE CHANGE IN THE NATURE OF THE OFFENSE DUE TO its trip, including the place of its departure and arrival.
SUPERVENING EVENT A SUBSTANTIAL AMENDMENT?
 No, it is merely a formal amendment (c) Where an offense is committed on board a vessel in the course
 We have to distinguish if the event is supervening or not, to be of its voyage, the criminal action shall be instituted and tried in the
able to establish if it’s a formal amendment or not court of the first port of entry or of any municipality or territory
where the vessel passed during such voyage, subject to the
generally accepted principles of international law.
RULE ON SUPERVENING FACTS: Where after the first prosecution a
new fact supervenes for which the defendant is responsible, which changes
the character of the offense and, together with the facts existing at the (d) Crimes committed outside the Philippines but punishable under
time, constitutes a new and distinct offense, the accused cannot be said to Article 2 of the Revised Penal Code shall be cognizable by the court
where the criminal action is first filed.
be in second jeopardy if indicted for the second offense.

THE INFORMATION FOR MURDER DID NOT CONTAIN THE PLACE

WHY DO WE MAKE A DISTINCTION BETWEEN A SUBSTANTIAL AND
WHERE IT WAS COMMITTED. IS THE INFORMATION VALID?
FORMAL AMENDMENTS?  Yes, it is still valid.
 Whether or not it is for the same offense, or the second offense  The information may include wordings that mention that the crime
includes or is necessarily included in the offense charged in the was committed within the territorial jurisdiction of the court.
first information, or is an attempt to commit the same or is a  The place of the commission of the crime may just be later
frustration thereof established by evidence

CAN THE COURT ORDER THE DISMISSAL OF THE ORIIGNAL WHERE SHOULD A CRIMINAL ACTION BE INSTITUTED?
COMPLAINT BEFORE A NEW ONE IS FILED IN SUBSTITUTION? 1. In the court of the municipality or territory where the offense was
 No, the court will not order the dismissal until the new information committed or where any of its essential ingredients occurred—
is filed exception to this rule are those which fall under the jurisdiction of
the Sandiganbayan

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2. If the offense was committed in a train, aircraft, or any other any act, omission, condition, status, or circumstance tending to
public or private vehicle: in the court of the municipality or cause the dishonor, discredit, or contempt of a natural or juridical
territory where the vehicle passed during the trip, including the person, or to blacken the memory of one who is dead.
place of departure or arrival
3. If committed on board a vessel in the course of the voyage: in the Sec. 16. Intervention of the offended party in criminal action. –
first port of entry or of any municipality or territory where the Where the civil action for recovery of civil liability is instituted in
vessel passed during the voyage, subject to the generally the criminal action pursuant to Rule 111, the offended party may
accepted principles of international law intervene by counsel in the prosecution of the offense.
4. If the crime was committed outside the Philippines but is
punishable under Article 2 of the RPC: any court where the action CAN THE OFFENDED PARTY INTERVENE IN THE PROSECUTION OF
is first filed THE CRIMINAL ACTION?
 General rule: YES
WHAT IS A TRANSITORY OFFENSE? AND A CONTINUING OFFENSE?  Exception to the rule: when he has waived his right, has reserved
 TRANSITORY OFFENSE: crimes where some acts material and
it, or has already instituted the criminal action
essential to the crimes and requisite to their commission occur in  Basis is Article 100: every person criminally liable shall also be
one municipality or territory and some acts are done in another civilly liable
place.
 CONTINUING OFFENSE: consummated in one place, yet by DO THE OFFENDED PARTIES HAVE THE RIGHT TO MOVE FOR THE
nature of the offense, the violation of the law is deemed DISMISSAL OF THE CASE?
continuing  No, the right belongs only to the government prosecutor who is
the representative of the plaintiff
HOW DO YOU DETERMINE JURISDICTION OVER A CONTINUING
CRIME? CAN THE OFFENDED PARTY FILE A CIVIL ACTION FOR CERTIORARI
 The courts of the territories where the essential ingredients of the IN HIS OWN NAME IF THE RTC DISMISSES AN INFORMATION?
crime took place have CONCURRENT JURISDICTION
 Yes. In case of grave abuse of discretion amount to lack or
 But the court which first acquires jurisdiction excludes the other excess of jurisdiction, the petition may be filed by the offended
courts party
 The offended party has an interest in the civil aspect of the case
WHAT ARE THE RULES ON VENUE IN LIBEL CASES?
1. General rule: criminal action for libel may be filed with the RTC of RULE 111 - PROSECUTION OF CIVIL ACTION
the province or city where the libelous article is printed and first
published Section 1. Institution of criminal and civil actions. –
2. If the offended party is a private individual, the criminal action
may also be filed in the RTC of the province where he actually (a) When a criminal action is instituted, the civil action for the
resided at the time of the commission of the offense recovery of civil liability arising from the offense charged shall be
3. If the offended party is a public officer whose office is in Manila at deemed instituted with the criminal action unless the offended
the time of the commission of the offense, the criminal action may party waives the civil action, reserves the right to institute it
be filed in the RTC of Manila separately or institutes the civil action prior to the criminal action.
4. If the offended party is a public officer whose office is outside
Manila, the action may be filed in the RTC of the province or city The reservation of the right to institute separately the civil action
where he held office at the time of the commission of the offense shall be made before the prosecution starts presenting its evidence
and under circumstances affording the offended party a reasonable
Article 353. Definition of libel. — A libel is public and malicious opportunity to make such reservation.
imputation of a crime, or of a vice or defect, real or imaginary, or

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When the offended party seeks to enforce civil liability against the offense charged under Article 100 of the RPC shall be deemed
accused by way of moral, nominal, temperate, or exemplary instituted with the criminal action
damages without specifying the amount thereof in the complaint or  Hence, the subsidiary civil liability of the employee under Article
information, the filing fees therefore shall constitute a first lien on 103 of the RPC may be enforced by execution on the basis of the
the judgment awarding such damages. judgment of conviction meted out the employee
o NOTE: Under the present amendment, the employer may
Where the amount of damages, other than actual, is specified in no longer be civilly liable for quasi-delict in the criminal
the complaint or information, the corresponding filing fees shall be action. The reason for this is that quasi-delict is not
paid by the offended party upon the filing thereof in court. deemed instituted with the criminal action. The only civil
liability of the employer in the criminal action would be
Except as otherwise provided in these Rules, no filing fees shall be his subsidiary liability under the Article 102 and 103 of
required for actual damages. the RPC (Philippine Rabbit Bus case)//

No counterclaim, cross-claim or third-party complaint may be filed WHAT IS THE JURIDICAL BASIS OF THE PRINCIPLE OF IMPLIED
by the accused in the criminal case, but any cause of action which INSTITUTION OF THE CIVIL ACTION WITH THE CRIMINAL ACTION?
could have been the subject thereof may be litigated in a separate  The bases are found in the following:
civil action. 1. Article 100 of the RPC: Every person criminally liable for
a felony is also civilly liable
(b) The criminal action for violation of Batas Pambansa Blg. 22 2. Article 2176 of the New Civil Code: Whoever by act or
shall be deemed to include the corresponding civil action. No omission causes damage to another there being fault or
reservation to file such civil action separately shall be allowed. negligence is obliged to pay for the damage done. Such
fault or negligence, if there is no pre-existing obligation is
Upon filing of the aforesaid joint criminal and civil actions, the called quasi-delict and is governed by the provisions of
offended party shall pay in full the filing fees based on the amount this Code
of the check involved, which shall be considered as the actual 3. Article 1157 of the New Civil Code: Obligations may arise
damages claimed. Where the complaint or information also seeks from acts or omissions punished by law and from quasi-
to recover liquidated, moral, nominal, temperate or exemplary delict
damages, the offended party shall pay additional filing fees based
on the amounts alleged therein. If the amounts are not so alleged WHAT ARE THE EXCEPTIONS?
but any of these damages are subsequently awarded by the court,  The civil action is not deemed instituted in the following cases:
the filing fees based on the amount awarded shall constitute a first 1. When the offended party has waived the civil action
lien on the judgment. 2. When the offended party has reserved the right to
institute it separately
Where the civil action has been filed separately and trial thereof 3. When the offended party has instituted the civil action
has not yet commenced, it may be consolidated with the criminal prior to the institution of the criminal action
action upon application with the court trying the latter case. If the
application is granted, the trial of both actions shall proceed in WHAT KIND OF CIVIL ACTION IS DEEMED INSTITUTED WITH THE
accordance with section 2 of this Rule governing consolidation of CRIMINAL ACTION?
the civil and criminal actions.  Only the civil action for the recovery of the civil liability arising
from the offense under Article 100 of the RPC, and not the
WHAT IS THE GENERAL RULE GOVERNING THE INSTITUTION OF independent under Article 32, 33, 34 and 2176 of the Civil Code,
CRIMINAL AND CIVIL ACTIONS IN RELATION TO THIS SECTION? are deemed instituted with the criminal action
 The general rule is that when a criminal action is instituted, the
civil action for the recovery of the civil liability arising from the WHAT IS THE DUAL CONCEPT OF CIVIL LIABILITY?

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 Dual concept of civil liability means that civil liability may arise  If the offended party seeks to enforce civil liability against accused
from crimes or from quasi-delicts by way of moral, nominal, temperate, or exemplary damages
 Thus, a negligent act which causes damage may produce two (other than actual), the following are the bases for docket fees:
kinds of civil liability—one arising from crime and another arising o If amount other than actual damages is stated, it will be
from quasi-delict based on the stated amount
 The only limitation is that the offended party may not recover o If no amount is stated, no docket fees will be paid yet but
twice from the same act the docket fees to be paid will constitute a lien on the
damages that will be awarded
WHAT ARE THE DIFFERENCES BETWEEN A CRIME AND A QUASI-
DELICT? WHEN SHOULD THE RESERVATION BE MADE?
 The reservation should be made before the prosecution presents
CRIME QUASI-DELICT its evidence and under circumstances affording the offended party
Affect public interest Only of private concern a reasonable opportunity to make such reservation

RPC punishes or corrects the Merely repairs the damage by WHAT IS THE REASON FOR THE RULE REQUIRING RESERVATION?
criminal act means of indemnification  The reason is to prevent double recovery from the same act or
omission
Crimes are punished only if there is Includes all acts where fault or
a law providing for their punishment negligence intervenes hence under WHAT IS THE SIGNIFICANCE OF THE APPEARANCE OF THE
the CC, these may be punishable OFFENDED PARTY, IN THE CRIMINAL CASE THROUGH PRIVATE
when fault or negligence is PROSECUTOR?
present—broader in scope  The appearance of the offended party may not per se be
considered either as an implied election to have his claim for
damages determined in said proceedings or a waiver of the right
WHAT CONSTITUTES CIVIL LIABILITY?
to have determined separately
 According to Article 104 of the RPC, civil liability includes
restitution, reparation, and indemnification for consequential
IN A BP22 CASE, CAN THE OFFENDED PARTY MAKE A RESERVATION
damages
OF THE CIVIL ACTION?
 No, the criminal action shall be deemed to include the civil action,
WHAT IS THE BASIS FOR THE BROADER CONCEPT OF CIVIL
and the offended party is not allowed to make the reservation
LIABILITY?
 The actual damages and the filing fees shall be equivalent to the
 The broader concept of civil liability means that every person
value of the check.
criminally liable is also civilly liable
 This is because in a criminal offense, there are two offended
Sec. 2. When separate civil action is suspended. – After the criminal
parties—the state and the private offended party
action has been commenced, the separate civil action arising
therefrom cannot be instituted until final judgment has been
IF THE COMPLAINT DOESN’T CONTAIN AN ALLEGATION FOR
entered in the criminal action.
DAMAGES, IS THE OFFENDER STILL LIABLE FOR THEM?
 Yes, because every person criminally liable is also civilly liable If the criminal action is filed after the said civil action has already
 Exception: when the offended party has waived or has reserved
been instituted, the latter shall be suspended in whatever state it
the right to institute the civil action separately
may be found before judgment on the merits. The suspension shall
last until final judgment is rendered in the criminal action.
WHAT IS THE RULE ON PAYMENT OF DOCKET FEES ON CIVIL
Nevertheless, before judgment on the merits rendered in the civil
LIABILITY?
action, the same may, upon motion of the offended party, be

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consolidated with the criminal action in the court trying the  The independent civil actions are not suspended and may continue
criminal action. In case of consolidation, the evidence already even if the criminal action has been instituted
adduced in the civil action shall be deemed automatically  However, the offended party may not recover twice from the same
reproduced in the criminal action without prejudice to the right of act
the prosecution to cross-examine the witness presented by the  He should only get the bigger award
offended party in the criminal case and of the parties to present
additional evidence. The consolidated criminal and civil actions WHAT IS THE EFFECT OF ACQUITTAL ON THE CIVIL ACTION?
shall be tried and decided jointly.  The general rule is that the civil action is not necessarily
extinguished by the acquittal of the accused. Even if the accused
During the pendency of the criminal action, the running period of is acquitted, the court can still award civil liability in the following
prescription of the civil action which cannot be instituted cases:
separately or whose proceeding has been suspended shall be 1. When the acquittal is based on reasonable doubt and
tolled. there was no negligence
2. When there is a declaration in the decision that the
The extinction of the penal action does not carry with it extinction liability of the accused is only civil
of the civil action. However, the civil action based on delict shall be 3. When the civil liability is not derived from or based on the
deemed extinguished if there is a finding in a final judgment in the criminal act of which the accused is acquitted
criminal action that the act or omission from which the civil liability (independent civil actions)
may arise did not exist.  However, if the decision contains a finding that the act from which
the civil liability may arise doesn’t exist, the civil liability is
WHEN IS THE SEPARATE CIVIL ACTION SUSPENDED? extinguished
 After the criminal action has been commenced, the separate civil
action arising therefrom cannot be instituted until final judgment WHAT ARE THE TWO TYPES OF ACQUITTAL?
has been entered in the criminal action. 1. Acquittal based on reasonable doubt
 If the criminal action is filed after the said civil action has already 2. Acquittal based on the merits—he didn't commit the crime
been instituted, the latter shall be suspended in whatever state it
may be found before judgment on the merits. The suspension CAN YOU COMPEL A JUDGE BY MANDAMUS TO AWARD CIVIL
shall last until final judgment is rendered in the criminal action. DAMAGES?
 Nonetheless, the civil action may be consolidate with the criminal  Yes, because every person criminally liable is also civilly liable
action at any time before judgment on the merits upon motion of  Another reason is that even if the accused is acquitted, there are
the offended party with the court trying the criminal action cases when he is still civilly liable
 The evidence presented at the civil action shall be deemed
reproduced in the criminal action without prejudice to the right of WHAT IS THE REASON FOR ALLOWING CIVIL LIABILITY TO
the prosecution to cross-examine the witness presented by the SUBSIST IN SPITE OF THE ACQUITTAL OF THE ACCUSED?
offended party in the criminal case and of the parties to present  The reason is that the parties in the criminal and civil actions are
additional evidence. The consolidated criminal actions shall be different—in the criminal action, the party is the state, while in the
tried and decided jointly civil action, the party is the private offended party
 ONLY EXCEPTION: a prejudicial question arising in a previously  Also, the two actions require different quantities of evidence—the
filed civil action should be resolved first criminal action requires proof of guilt beyond reasonable doubt,
the civil action on the other hand, requires mere preponderance of
ARE THE INDEPENDENT CIVIL ACTIONS ALSO DEEMED SUSPENDED evidence
WITH THE FILING OF THE CRIMINAL ACTION?
 No, only the civil action arising from the crime under Article 100 of Sec. 3. When civil action may proceed independently. – In the
the RPC is suspended cases provided in Articles 32, 33, 34 and 2176 of the Civil Code of

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the Philippines, the independent civil action may be brought by the 1. If the accused dies before arraignment, the case shall be
offended party. It shall proceed independently of the criminal dismissed, without prejudice to any civil action that the offended
action and shall require only a preponderance of evidence. In no party may file against the estate of the deceased
case, however, may the offended party recover damages twice for 2. If the accused dies after arraignment and during the pendency of
the same act or omission charged in the criminal action. the criminal action, both the criminal and civil liability arising from
the crime shall be extinguished
WHAT ARE THE INDEPENDENT CIVIL ACTIONS?  However, the independent civil actions may be filed against
 The independent civil actions are those provided in Articles 32, 33, the estate of the accused after proper substitution, and the
34 and 2176 of the Civil Code heirs of the accused may also be substituted for the deceased
 They may proceed independently of the criminal action and shall
require only a preponderance of evidence Sec. 5. Judgment in civil action not a bar. – A final judgment
 This is the principle of independent civil actions—it can proceed rendered in a civil action absolving the defendant from civil liability
independently from the criminal action. Nonetheless, the offended is not a bar to a criminal action against the defendant for the same
party may not have double recovery. The offended party only act or omission subject of the civil action.
gets the bigger award.
 Justice Sabio: Philippine Rabbit case clarified the rule regarding WHEN THE DEFENDANT IS ABSOLVED OF CIVIL LIABILITY IN A
independent civil actions CIVIL ACTION, CAN A CRIMINAL ACTION STILL BE FILED AGAINST
HIM? (ALTERNATIVE QUESTION: FOR EXAMPLE, X INSTITUTED A
Sec. 4. Effect of death on civil actions. – The death of the accused CIVIL ACTION BEFOREHAND AND IT WAS DISMISSED LATER ON.
after arraignment and during the pendency of the criminal action CAN A CRIMINAL ACTION STILL BE FILED?)
shall extinguish the civil liability arising from the delict. However,  Yes, while every person criminally liable is also civilly liable, the
the independent civil action instituted under section 3 of this Rule converse is not true
or which thereafter is instituted to enforce liability arising from  Therefore, even if the defendant is absolved of civil liability in a
other sources of obligation may be continued against the estate or civil action, a criminal action can still be filed against him.
legal representative of the accused after proper substitution or  The outcome of the civil action is not in anyway determinative of
against said estate, as the case may be. The heirs of the accused the guilt or innocence of the respondent in the civil case
may be substituted for the deceased without requiring the  Besides, the state is a party in a criminal action, while only the
appointment of an executor or administrator and the court may private offended party is a party in a civil action
appoint a guardian ad litem for the minor heirs.  Moreover, the quantum of evidence in the civil action is only
preponderance of evidence while that required in the criminal
The court shall forthwith order said legal representative or action is proof beyond reasonable doubt
representatives to appear and be substituted within a period of
thirty (30) days from notice. CAN THE OFFENDED PARTY STILL INTERVENE WITH THE CRIMINAL
ACTION?
A final judgment entered in favor of the offended party shall be  No because interest of the offended party is only civil
enforced in the manner especially provided in these rules for  Any time he institutes the 3 actions, he cannot anymore intervene
prosecuting claims against the estate of the deceased. in the criminal action
 The interest of the state is criminal prosecution of the accused
If the accused dies before arraignment, the case shall be dismissed
without prejudice to any civil action the offended party may file Sec. 6. Suspension by reason of prejudicial question. – A petition
against the estate of the deceased. for suspension of the criminal action based upon the pendency of a
prejudicial question in a civil action may be filed in the office of the
WHAT IS THE EFFECT OF THE DEATH OF THE ACCUSED ON THE prosecutor or the court conducting the preliminary investigation.
CRIMINAL AND CIVIL ACTIONS? When the criminal action has been filed in court for trial, the

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petition to suspend shall be filed in the same criminal action at any  This is because in such a case, if the court declares that the
time before the prosecution rests. party’s consent is indeed vitiated and annuls the marriage, then it
would mean that the party didn’t willingly commit the crime of
MAY THE COURT MOTU PROPIO ORDER THE DISMISSAL OF A bigamy
CRIMINAL ACTION WHERE THERE IS A PREJUDICIAL QUESTION TO  It would thus be determinative of the guilt and innocence of the
BE RESOLVED? accused
 No, the court can only suspend the criminal action upon a petition
but it has no authority to order its dismissal IS AN ACTION FOR NULLITY BECAUSE OF ARTICLE 36 A
PRELIMINARY QUESTION OF ADULTERY?
WHAT IS A PREJUDICIAL QUESTION?  No, what is important is the fact that the marriage still subsisted
 A prejudicial question is one based on a fact separate and distinct during the commission of the crime of adultery
from the crime but is so intimately related to it that it determines
the guilt or innocence of the accused IS AN ACTION FOR LEGAL SEPARATION A PRELIMINARY QUESTION
ON CONCUBINAGE?
WHAT IS THE RULE REGARDING PREJUDICIAL QUESTIONS?  No, in legal separation, the marriage bond is not severed and
 In case the civil action was instituted ahead of the criminal action, thus, it doesn't matter if the legal separation was granted or not
the same shall be suspended in whatever stage it may be found
and before judgment is the merits upon commencement of the RULE 112 - PRELIMINARY INVESTIGATION
criminal action
Section 1. Preliminary investigation defined; when required. –
WHAT IS THE RATIONALE BEHIND THE PREJUDICIAL QUESTION Preliminary investigation is an inquiry or proceeding to determine
RULE? whether there is sufficient ground to engender a well-founded
 To avoid two conflicting decisions belief that a crime has been committed and the respondent is
probably guilty thereof, and should be held for trial.
Sec. 7. Elements of prejudicial question. – The elements of a
prejudicial questions are: (a) the previously instituted civil action Except as provided in Section 7 of this Rule, a preliminary
involves an issue similar or intimately related to the issue raised in investigation is required to be conducted before the filing of a
the subsequent criminal action, and (b) the resolution of such issue compliant or information for an offense where the penalty
determines whether or not the criminal action may proceed. prescribed by law is at least four (4) years, two (2) months and
one (1) day without regard to the fine.
WHAT ARE THE ELEMENTS OF A PREJUDICIAL QUESTION?
1. The previously filed civil action involves an issue which is similar WHAT IS A PRELIMINARY INVESTIGATION?
or is intimately related with an issue raised in the subsequent  It is an inquiry or proceeding to determine whether there is
criminal action sufficient ground to engender a well-founded belief that a crime
2. The resolution of the issue will determine whether or not the has been committed and the respondent is probably guilty
criminal action may proceed thereof, and should be held for trial

WHEN IS AN ACTION FOR ANNULMENT OF MARRIAGE PREJUDICIAL WHAT IS THE NATURE AND EFFECTS OF A PRELIMINARY
TO A BIGAMY CASE? INVESTIGATION?
 An action for annulment of marriage is prejudicial to a bigamy 1. It is merely inquisitorial
case only if the accused in the bigamy charge is also the one 2. Only means of discovering whether the offense has been
asking for annulment of the second (bigamous marriage based on committed and the persons responsible for it
vitiation of consent) 3. To enable the fiscal to prepare his complaint and information
4. Not a trial on the merits

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5. Determine whether there is probable cause to believe that an 4. To protect the state from having to conduct useless and expensive
offense has been committed and the accused is probably guilty of trials
it
6. Doesn't place the accused in jeopardy WHAT IS THE SCOPE OF PRELIMINARY INVESTIGATION?
7. Doesn't affect the jurisdiction of the court—only the regularity of  Preliminary investigation is merely inquisitorial and it is often the
the proceedings only means of discovering whether the offense has been
8. Accused cannot assert lack of preliminary investigation. Court committed and the persons responsible for it to enable the fiscal
cannot dismiss the case based on this ground—it should conduct to prepare his complaint or information
the investigation or order the fiscal or lower court to do it  It is not a trial on the merits and has no purpose BUT to
9. Preliminary investigation may be waived determine whether there is probable cause to believe that an
10. Accused should invoke right to PI before plea, otherwise it is offense has been committed and that the accused is probably
deemed waived guilty of it
11. Accused doesn't have full gamut of rights yet. He doesn't have  It doesn't place the accused in double jeopardy
right to counsel unless a confession is being obtained from him.
12. There is also no right to confront witnesses against him. IS THE RIGHT TO PRELIMINARY INVESTIGATION A FUNDAMENTAL
RIGHT?
WHEN IS IT REQUIRED?  No, it is a statutory right
 Before a complaint or information is filed, preliminary  May be waived expressly or by silence
investigation is required for all offenses punishable by  It is not an element of due process unless it is expressly granted
imprisonment of at least 4 years, 2 months and 1 day, regardless by law
of the fine, except if the accused was arrested by virtue of a lawful  While the right to a PI may be substantial, nevertheless it is not a
arrest without warrant constitutional right
 In case of lawful arrest without warrant: the complaint or
information may be filed without a preliminary investigation unless CAN THE ACCUSED DEMAND THE RIGHT TO CONFRONT AND CROSS-
the accused asks for a preliminary investigation and waives his EXAMINE HIS WITNESSES DURING THE PRELIMINARY
rights under Article 125 of the RPC INVESTIGATION?
 Whether or not there is a need for PI depends upon the imposable  No, the preliminary investigation is not part of the trial
penalty for the crime charged in the complaint filed with the city  It is summary and inquisitorial in nature
or provincial prosecutor’s office and not upon the imposable  Its function is not to determine the guilt of the accused but merely
penalty for the crime fund to have been committed by the to determine the existence of probable cause
respondent after a preliminary investigation
IS THE LACK OF A PRELIMINARY INVESTIGATION A GROUND FOR
WHAT IS THE PURPOSE OF A PRELIMINARY INVESTIGATION? DISMISSING A COMPLAINT?
1. To determine if there is sufficient ground to engender a well-  No, the absence of a PI doesn't affect the jurisdiction of the court
founded belief that a crime has been committed and the but merely the regularity of the proceedings
respondent is probably guilty thereof, and should be held for trial  Neither is it a ground to quash the information or nullify the order
2. To protect the accused from the inconvenience, expense, and of arrest issued against him or justify the release of the accused
burden of defending himself in a formal trial unless the reasonable from detention
probability of his guilt has been first ascertained in a fairly  The court cannot dismiss the complaint on this ground, and it
summary proceeding by a competent officer should instead conduct the investigation or order the fiscal or
3. To secure the innocent against hasty, malicious and oppressive lower court to do it considering that the inquest investigation
prosecution, and to protect him from an open and public conducted by the state prosecutor is null and void
accusation of a crime, from the trouble, expense and anxiety of a  The trial court should suspend proceedings and order a PI where
public trial the inquest conducted is null and void

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WHO MAY CONDUCT PRELIMINARY INVESTIGATIONS?

WHAT IS THE EFFECT OF THE ABSENCE OF CERTIFICATION THAT 1. Provincial or city prosecutors and their assistants
PRELIMINARY INVESTIGATION WAS CONDUCTED? 2. National and Regional State prosecutors
 It is of no consequence 3. COMELEC with respect to election offenses
 The important thing is that there was actually an investigation and 4. Ombudsman with respect to Sandiganbayan offenses and other
that the accused was informed thereof and was allowed to present offenses committed by public officers
controverting evidence 5. PCGG with respect to ill-gotten wealth

WHEN SHOULD THE RIGHT TO PRELIMINARY INVESTIGATION BE CAN RTC JUDGES CONDUCT PRELIMINARY INVESTIGATIONS?
INVOKED?  No, but this should not be confused with the authority of the RTC
 The accused should invoke it before plea, or else, it is deemed to conduct an examination for the prupose of determining
waived probable cause when issuing a warrant of arrest

IF THE COURT DENIES THE INVOCATION OF THE RIGHT TO Sec. 3. Procedure.– The preliminary investigation shall be
PRELIMINARY INVESTIGATION, WHAT IS THE REMEDY OF THE conducted in the following manner:
ACCUSED?
 He must immediately appeal it to the appellate court (a) The complaint shall state the address of the respondent and
 He cannot raise later the issue for the first time on appeal shall be accompanied by the affidavits of the complainant and his
witnesses, as well as other supporting documents to establish
IF THE COMPLAINT OR INFORMATION IS AMENDED, SHOULD A probable cause. They shall be in such number of copies as there are
NEW PRELIMINARY INVESTIGATION BE CONDUCTED? respondents, plus two (2) copies for the official file. The affidavits
 No, unless the amended complaint or information charges a NEW shall be subscribed and sworn to before any prosecutor or
offense government official authorized to administer oath, or, in their
absence or unavailability, before a notary public, each of whom
IF THE NEW COMPLAINT OR INFORMATION IS SUBSTITUTED, must certify that he personally examined the affiants and that he is
SHOULD A NEW PI BE CONDUCTED? satisfied that they voluntarily executed and understood their
 Yes affidavits.

Sec. 2. Officers authorized to conduct preliminary investigations. – (b) Within ten (10) days after the filing of the complaint, the
The following may conduct preliminary investigations: investigating officer shall either dismiss it if he finds no ground to
continue with the investigation, or issue a subpoena to the
(a) Provincial or City Prosecutors and their assistants; respondent attaching to it a copy of the complaint and its
supporting affidavits and documents.
(b) Judges of the Municipal Trial Courts and Municipal Circuit
Trial Courts; The respondent shall have the right to examine the evidence
submitted by the complainant which he may not have been
(c) National and Regional State Prosecutors; and furnished and to copy them at his expense. If the evidence is
voluminous, the complainant may be required to specify those
(d) Other officers as may be authorized by law. which he intends to present against the respondent, and these
shall be made available for examination or copying by the
Their authority to conduct preliminary investigations shall include respondent at his expense.
all crimes cognizable by the proper court in their respective
territorial jurisdictions.

BY: MA. ANGELA LEONOR C. AGUINALDO

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Objects as evidence need not be furnished a party but shall be  The affidavits must be subscribed and sworn
made available for examination, copying, or photographing at the before the prosecutor or government official
expense of the requesting party. authorized to administer such or notary public

(c) Within ten (10) days from receipt of the subpoena with the 2. Within ten (10) days after the filing of the complaint, the
complaint and supporting affidavits and documents, the respondent investigating officer shall either”
shall submit his counter-affidavit and that of his witnesses and  Dismiss it if he finds no ground to continue with
other supporting documents relied upon for his defense. The the investigation, or
counter-affidavits shall be subscribed and sworn to and certified as  Issue a subpoena to the respondent attaching to
provided in paragraph (a) of this section, with copies thereof it a copy of the complaint and its supporting
furnished by him to the complainant. The respondent shall not be affidavits and documents.
allowed to file a motion to dismiss in lieu of a counter-affidavit.
The respondent shall have the right to examine the
(d) If the respondent cannot be subpoenaed, or if subpoenaed, evidence submitted by the complainant which he may not
does not submit counter-affidavits within the ten (10) day period, have been furnished and to copy them at his expense. If
the investigating office shall resolve the complaint based on the the evidence is voluminous, the complainant may be
evidence presented by the complainant. required to specify those which he intends to present
against the respondent, and these shall be made
(e) The investigating officer may set a hearing if there are facts available for examination or copying by the respondent at
and issues to be clarified from a party or a witness. The parties can his expense.
be present at the hearing but without the right to examine or
cross-examine. They may, however, submit to the investigating 3. Within ten (10) days from receipt of the subpoena with
officer questions which may be asked to the party or witness the complaint and supporting affidavits and documents,
concerned. the respondent shall submit his counter-affidavit and that
of his witnesses and other supporting documents relied
The hearing shall be held within ten (10) days from submission of upon for his defense. The counter-affidavits shall be
the counter-affidavits and other documents or from the expiration subscribed and sworn to and certified. The respondent
of the period for their submission. It shall be terminated within five shall not be allowed to file a motion to dismiss in lieu of a
(5) days. counter-affidavit.

(f) Within ten (10) days after the investigation, the investigating 4. If the respondent cannot be subpoenaed, or if
officer shall determine whether or not there is sufficient ground to subpoenaed, does not submit counter-affidavits within
hold the respondent for trial. the ten (10) day period, the investigating office shall
resolve the complaint based on the evidence presented
WHAT IS THE PROCEDURE IN CONDUCTING A PRELIMINARY by the complainant.
INVESTIGATION?
 The preliminary investigation shall be conducted in the following 5. The investigating officer may set a hearing if there are
manner: facts and issues to be clarified from a party or a witness.
1. The complaint shall state: The parties can be present at the hearing but without the
 The address of the respondent and right to examine or cross-examine. The hearing shall be
 Shall be accompanied by the affidavits of the held within ten (10) days from submission of the counter-
complainant and his witnesses, as well as other affidavits and other documents or from the expiration of
supporting documents to establish probable the period for their submission. It shall be terminated
cause. within five (5) days.

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6. Within ten (10) days after the investigation, the IS THE PRESENCE OF COUNSEL IN A PRELIMINARY
investigating officer shall determine whether or not there INVESTIGATION MANDATORY?
is sufficient ground to hold the respondent for trial.  No, preliminary investigation is a summary proceeding and is
merely inquisitorial in naure
IS A PRELIMINARY INVESTIGATION A JUDICIAL PROCEEDING?  The accused cannot yet fully exercised his rights
 Yes it is a judicial proceeding where the prosecutor or  However, if a confession is to be obtained from respondent, an
investigating officer acts a quasi-judicial officer uncounselled confession would be void
 Parties are given the opportunity to be heard and to produce
evidence which shall be weighed and upon which a decision shall WHAT ARE THE DO’S AND DON'T’S IN A PRELIMINARY
be rendered INVESTIGATION?
 Since it is a judicial proceeding, the requirement of due process in 1. You cannot cross-examine
judicial proceedings is also required in preliminary investigations 2. No right to counsel except when confession is being obtained
3. You cannot file complaint or information without authority
WHAT IS DUE PROCESS? 4. Right to be present not absolute
 The idea that laws and legal proceedings must be fair 5. No dismissal without approval
 Principle that the government must respect all of a person's legal 6. Right to discovery proceedings
rights instead of just some or most of those legal rights when the
government deprives a person of life, liberty, or property Sec. 4. Resolution of investigating prosecutor and its review. – If
the investigating prosecutor finds cause to hold the respondent for
WHAT ARE THE TWO BRANCHES OF DUE PROCESS? trial, he shall prepare the resolution and information. He shall
 Due process covers two aspects—substantive and procedural due certify under oath in the information that he, or as shown by the
process record, an authorized officer, has personally examined the
 Substantive due process refers to the intrinsic validity of the law complainant and his witnesses; that there is reasonable ground to
 Procedural due process, which is based on the principle that a believe that a crime has been committed and that the accused is
court hear before it condemns, proceeds upon inquiry, and probably guilty thereof; that the accused was informed of the
renders judgment only after trial and based on the evidence complaint and of the evidence submitted against him; and that he
presented therein was given an opportunity to submit controverting evidence.
Otherwise, he shall recommend the dismissal of the complaint.
WHAT IS THE DIFFERENCE BETWEEN CRIMINAL INVESTIGATION
AND PRELIMINARY INVESTIGATION? Within five (5) days from his resolution, he shall forward the
 Criminal investigation is a fact-finding investigation carried out by record of the case to the provincial or city prosecutor or chief state
law-enforcement officers for the purpose of determining whether prosecutor, or to the Ombudsman or his deputy in cases of offenses
they should file a complaint for preliminary investigation cognizable by the Sandiganbayan in the exercise of its original
 Preliminary investigation is conducted for the purpose of jurisdiction. They shall act on the resolution within ten (10) days
determining if there is a probable cause to hold a person for trial from their receipt thereof and shall immediately inform the parties
of such action.
WHAT IS PROBABLE CAUSE?
 Probable cause is the existence of such facts and circumstances as No complaint or information may be filed or dismissed by an
would excite the belief in a reasonable mind, acting on the facts investigating prosecutor without the prior written authority or
within the knowledge of the prosecutor, that the person charged approval of the provincial or city prosecutor or chief state
was guilty of the crime for which he was prosecuted prosecutor or the Ombudsman or his deputy.
 Based on the evidence that would be adduced by the parties

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Where the investigating prosecutor recommends the dismissal of of its original jurisdiction. They shall act on the resolution
the complaint but his recommendation is disapproved by the within ten (10) days from their receipt thereof and shall
provincial or city prosecutor or chief state prosecutor or the immediately inform the parties of such action.
Ombudsman or his deputy on the ground that a probable cause
exists, the latter may, by himself, file the information against the 4. No complaint or information may be filed or dismissed by an
respondent, or direct another assistant prosecutor or state investigating prosecutor without the prior written authority or
prosecutor to do so without conducting another preliminary approval of the provincial or city prosecutor or chief state
investigation. prosecutor or the Ombudsman or his deputy.

If upon petition by a proper party under such rules as the 5. If the investigating prosecutor recommends the dismissal of
Department of Justice may prescribe or motu propio, the Secretary the complaint but his recommendation is disapproved by the
of Justice reverses or modifies the resolution of the provincial or provincial or city prosecutor or chief state prosecutor or the
city prosecutor or chief state prosecutor, he shall direct the Ombudsman or his deputy on the ground that a probable
prosecutor concerned either to file the corresponding information cause exists, the latter may, either:
without conducting anther preliminary investigation, or to dismiss a. By himself, file the information against the
or move for dismissal of the complaint or information with notice to respondent,
the parties. The same rule shall apply in preliminary investigations b. Direct another assistant prosecutor or state
conducted by the officers of the Office of the Ombudsman. prosecutor to do so without conducting another
preliminary investigation.
HOW DOES THE INVESTIGATING PROSECUTOR RESOLVE THE
FINDINGS AFTER PRELIMINARY INVESTIGATION? 6. If upon petition by a proper party under such rules as the
 The investigating prosecutor shall do the following Department of Justice may prescribe or motu propio, the
1. If the investigating prosecutor finds cause to hold the Secretary of Justice reverses or modifies the resolution of the
respondent for trial, he shall prepare the resolution and provincial or city prosecutor or chief state prosecutor, he shall
information. He shall certify under oath in the information direct the prosecutor concerned either to file the
that: corresponding information without conducting anther
a. He, or as shown by the record, an authorized officer, preliminary investigation, or to dismiss or move for dismissal
has personally examined the complainant and his of the complaint or information with notice to the parties.
witnesses;
b. That there is reasonable ground to believe that a IF THERE WAS NO PRELIMINARY INVESTIGATION CONDUCTED,
crime has been committed and that the accused is WHAT IS THE REMEDY OF THE ACCUSED?
probably guilty thereof; *Code: RICA P
c. That the accused was informed of the complaint and 1. Refuse to enter plea
of the evidence submitted against him; 2. Insist on a preliminary investigation
d. And that he was given an opportunity to submit 3. File certiorari if refused
controverting evidence. 4. Raise it as an error on appeal
5. File a petition for prohibition
2. If the investigating officer finds no probable cause, he shall
recommend the dismissal of the complaint MAY THE REGIONAL STATE PROSECUTOR FILE AN INFORMATION
IN COURT?
3. Within five (5) days from his resolution, he shall forward the  No, unless he has the prior written approval of the city or
record of the case to the provincial or city prosecutor or chief provincial or chief state prosecutor
state prosecutor, or to the Ombudsman or his deputy in cases  Thus, even if the accused already entered a plea to an information
of offenses cognizable by the Sandiganbayan in the exercise filed alone by the Regional State prosecutor, the court may still

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dismiss the same on the ground that it didn't acquire jurisdiction release of an accused who is detained if no probable cause is found
over the case since it was filed by one who is not authorized against him.

WHY SHOULD THE SECRETARY OF JUSTICE DO IF AN Sec. 6. When warrant of arrest may issue. – (a) By the Regional
INFORMATION ALREADY FILED IN COURT IS APPEALED TO HIM? Trial Court. – Within ten (10) days from the filing of the complaint
 He should as far as practicable, refrain from entertaining the or information, the judge shall personally evaluate the resolution of
appeal the prosecutor and its supporting evidence. He may immediately
 The matter should be left to the determination of the court dismiss the case if the evidence on record clearly fails to establish
probable cause. If he finds probable cause, he shall issue a warrant
IF THE SECRETARY OF JUSTICE GIVES DUE COURSE TO THE of arrest, or a commitment order if the accused has already been
APPEAL, WHAT SHOULD THE TRIAL JUDGE DO? arrested pursuant to a warrant issued by the judge who conducted
 The trial judge should suspend proceedins and defer arraignment the preliminary investigation or when the complaint or information
pending the resolution of the appeal was filed pursuant to section 7 of this Rule. In case of doubt on the
existence of probable cause, the judge may order the prosecutor to
IS THE DETERMINATION OF PROBABLE CAUSE A JUDICIAL OR present additional evidence within five (5) days from notice and
EXECUTIVE FUNCTION? the issue must be resolved by the court within thirty (30) days
 It depends from the filing of the complaint of information.
 Executive function: purpose of determining whether there is
reasonable ground to believe that the accused has committed the (b) By the Municipal Trial Court. – When required pursuant to the
offense and should be held for trial second paragraph of section of this Rule, the preliminary
 Judicial function: issuance of warrant of arrest by a judge investigation of cases falling under the original jurisdiction of the
Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal
Sec. 5. Resolution of investigating judge and its review. – Within Trial Court, or Municipal Circuit Trial Court may be conducted by
ten (10) days after the preliminary investigation, the investigating either the judge or the prosecutor. When conducted by the
judge shall transmit the resolution of the case to the provincial or prosecutor, the procedure for the issuance of a warrant of arrest by
city prosecutor, or to the Ombudsman or his deputy in cases of the judge shall be governed by paragraph (a) of this section. When
offenses cognizable by the Sandiganbayan in the exercise of its the investigation is conducted by the judge himself, he shall follow
original jurisdiction, for appropriate action. The resolution shall the procedure provided in section 3 of this Rule. If his findings and
state the findings of facts and the law supporting his action, recommendations are affirmed by the provincial or city prosecutor,
together with the record of the case which shall include: (a) the or by the Ombudsman or his deputy, and the corresponding
warrant, if the arrest is by virtue of a warrant; (b) the affidavits, information is filed, he shall issue a warrant of arrest. However,
counter-affidavits and other supporting evidence of the parties; (c) without waiting for the conclusion of the investigation, the judge
the undertaking or bail of the accused and the order for his release; may issue a warrant of arrest if he finds after an examination in
(d) the transcripts of the proceedings during the preliminary writing and under oath of the complainant and his witnesses in the
investigation; and (e) the order of cancellation of his bail bond, if form of searching questions and answers, that a probable cause
the resolution is for the dismissal of the complaint. exists and that there is a necessity of placing the respondent under
immediate custody in order not to frustrate the ends of justice.
Within thirty (30) days from receipt of the records, the provincial
or city prosecutor, or the Ombudsman or his deputy, as the case (c) When warrant of arrest not necessary. – A warrant of arrest
may be, shall review the resolution of the investigating judge on shall not issue if the accused is already under detention pursuant
the existence of probable cause. Their ruling shall expressly and to a warrant issued by the municipal trial court in accordance with
clearly state the facts and the law on which it is based and the paragraph (b) of this section, or if the complaint or information
parties shall be furnished with copies thereof. They shall order the was filed pursuant to section 7 of this Rule or is for an offense

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penalized by fine only. The court shall them proceed in the exercise
of its original jurisdiction. WHAT ARE THE REMEDIES OF A PARTY AGAINST WHOM A
WARRANT OF ARREST HAS BEEN ISSUED?
CAN THE ACCUSED FILE A MOTION TO QUASH BASED ON  A party against whom a warrant of arrest has been issued may
INSUFFICIENCY OF EVIDENCE? 1. Post bail
 No, he cannot preempt the trial by filing a motion to quash on the 2. Ask for reinvestigation
ground of insufficiency of evidence 3. File a motion to quash information
 Whether the function of determining probable cause has been 4. File a petition for review
correctly discharged by the prosecutor is a matter that the trial 5. If denied, he may appeal the judgment after trial (no
court itself doesn't and may not pass upon certiorari)
*Code: PAMPI
IS THE FINDING OF A JUDGE THAT PROBABLE CAUSE EXISTS FOR
THE PURPOSE OF ISSUING A WARRANT OF ARREST SUBJECT TO IF THE JUDGE DIDN'T ISSUE A WARRANT FOR THE ARREST OF THE
JUDICIAL REVIEW? ACCUSED DURING THE PRELIMINARY INVESTIGATION, WHAT IS
 No, that would be tantamount to asking the court to examine and THE REMEDY OF THE PROSECUTOR IF HE BELIEVES THAT THE
assess such evidence submitted by the parties before trial and on ACCUSED SHOULD BE IMMEDIATELY PLACED UNDER CUSTODY?
the basis thereof and to make a conclusion as to whether or not it  The prosecutor should file the information in court, so that the
suffices to establish the guilt of the accused RTC may issue the warrant of arrest
 He should not file for mandamus—this would take two years to
WHAT IS A PRELIMINARY EXAMINATION? WHAT IS ITS PURPOSE? resolve
 A preliminary examination is a proceeding for the purpose of
determining probable cause for the issuance of a warrant of arrest WHAT IS A WARRANT OF ARREST?
 Its purpose is to determine—  Legal process issued by a competent authority, directing the
o The fact of commission of a crime arrest of a person or persons upon grounds stated therein
o The probability that the person sought to be arrested
committed the crime WHEN MAY A WARRANT OF ARREST BE ISSUED?
 If issued by the RTC,
WHAT ARE THE DIFFERENCES BETWEEN A PRELIMINARY 1. Within ten (10) days from the filing of the complaint or
INVESTIGATION AND PRELIMINARY EXAMINATION? information, the judge shall personally evaluate the resolution
of the prosecutor and its supporting evidence.
PRELIMINARY INVESIGATION PRELIMINARY EXAMINATION 2. He may immediately dismiss the case if the evidence on
Executive function Judicial function record clearly fails to establish probable cause.
May be done by a prosecutor, PCGG Done by judges only 3. If he finds probable cause, he shall issue a warrant of arrest,
or a COMELEC official or a commitment order if the accused has already been
arrested pursuant to a warrant issued by the MTC judge who
May not be done ex parte May be done ex parte
conducted the preliminary investigation or when the
complaint or information was filed pursuant to section 7 of
WHAT IS THE REMEDY OF THE COMPLAINANT IF THE SECRETARY
this Rule.
OF JUSTICE DOESN'T ALLOW THE FILING OF A CRIMINAL o Pangay v. Ganay modified this rule by providing that
COMPLAINT AGAINST THE ACCUSED BECAUSE OF INSUFFICIENCY
investigating judges’ power to order the arrest of the
OF EVIDENCE?
accused is limited to instances where there is
 The complainant can file a civil action for damages against the
necessity for placing him in custody in order not to
offender based on Article 35 of the CC frustrate the ends of justice
 Would require only a preponderance of evidence

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4. In case of doubt on the existence of probable cause, the information may be filed by a prosecutor without need of such
judge may order the prosecutor to present additional investigation provided an inquest has been conducted in
evidence within five (5) days from notice and the issue must accordance with existing rules. In the absence or unavailability of
be resolved by the court within thirty (30) days from the filing an inquest prosecutor, the complaint may be filed by the offended
of the complaint of information. party or a peace officer directly with the proper court on the basis
5. If the warrant of arrest is issued by the MTC and if the of the affidavit of the offended party or arresting officer or person.
preliminary investigation was conducted by the prosecutor,
the same procedure as above is followed Before the complaint or information is filed, the person arrested
may ask for a preliminary investigation in accordance with this
WHEN IS A WARRANT OF ARREST NOT NECESSARY? Rule, but he must sign a waiver of the provision of Article 125 of
 A warrant of arrest is not necessary in the following instances: the Revised Penal Code, as amended, in the presence of his
1. When the accused is already in detention issued by the MTC counsel. Notwithstanding the waiver, he may apply for bail and the
2. When the accused was arrested by virtue of a lawful arrest investigation must be terminated within fifteen (15) days from its
without warrant inception.
3. When the penalty is of a fine only
4. Those covered by a summary procedure After the filing of the complaint or information in court without a
preliminary investigation, the accused may, within five (5) days
WHEN IS A JOHN DOE WARRANT VALID? ARE THEY VALID? from the time he learns of its filing, ask for a preliminary
 A John Doe warrant is a warrant for the apprehension of a person investigation with the same right to adduce evidence in his defense
whose true name is unknown as provided in this Rule.
 Generally, this kind of warrants are void because the violate the
constitutional provision which requires that warrants of arrests HOW SHOULD THE COMPLAINT OR INFORMATION BE FILED WHEN
should particularly describe the person or persons to be arrested THE ACCUSED IS LAWFULLY ARRESTED WITHOUT WARRANT?
 But if there is sufficient description to identify the person to be  The complaint or information may be filed by the prosecutor
arrested, the warrant is valid without need of preliminary investigation provided an inquest
proceeding has been conducted in accordance with existing rules
WHAT ARE THE PRINCIPLES GOVERNING THE FINDING OF  In the absence of an inquest prosecutor, the offended party may
PROBABLE CAUSE FOR THE ISSUANCE OF A WARRANT OF ARREST? file the complaint directly in court on the basis of the affidavit of
 There is a distinction between the objective of determining the offended party or police officer
probable cause as done by the prosecutor and that done by the
judge—the prosecutor determines it for the purpose of filing the WHAT IS THE REMEDY OF THE PERSON ARRESTED WITHOUT
complaint or information; while the judge determines it for the WARRANT IF HE WANTS A PRELIMINARY INVESTIGATION?
purpose of issuing a warrant of arrest to determine whether there (ANGEL: SHOULD BE INQUEST PROCEEDING)
is a necessity of placing the accused under immediate custody in  Before the complaint or information is filed, he may ask for a
order not to frustrate the ends of justice preliminary investigation provided he signs a waiver of his rights
 Since the objectives are different, the judge shouldn't rely solely under Article 125 of the RPC (Delay in the Delivery to Judicial
on the report of the prosecutor in finding probable cause to justify Authorities) in the presence of counsel
the issuance of warrant of arrest o He may still apply for bail in spite of the waiver
 He must decide independently and must have supporting evidence o The investigation must be terminated within 15 days
other than the prosecutor’s bare report  After the complaint was filed but before arraignment, the accused
may within 5 days from the time he learns of the filing, ask for a
Sec. 7. When accused lawfully arrested without warrant. – When a preliminary investigation
person is lawfully arrested without a warrant involving an offense
which requires a preliminary investigation, the complaint or WHAT IS AN INQUEST?

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 An inquest is an informal and summary investigation conducted by prosecutor. – If the complaint is filed directly with the prosecutor
the public prosecutor in a criminal case involving persons involving an offense punishable by imprisonment of less than four
ARRESTED AND DETAINED WITHOUT THE BENEFIT OF A (4) years, two (2) months and one (1) day, the procedure outlined
WARRANT OF ARREST issued by the court for the purpose of in section 3(a) of this Rule shall be observed. The prosecutor shall
determining WHETHER SAID PERSONS SHOULD REMAIN UNDER act on the complaint based on the affidavits and other supporting
CUSTODY AND CORRESPONDINGLY CHARGED IN COURT documents submitted by the complainant within ten (10) days from
its filing.
WHAT ARE THE GUIDELINES TO SAFEGUARD THE RIGHTS OF AN
ACCUSED WHO HAS BEEN ARRESTED WITHOUT A WARRANT? (b) If filed with the Municipal Trial Court. – If the complaint or
 The arresting officer must bring the arrestee before the inquest information is filed with the Municipal Trial Court or Municipal
fiscal to determine whether the person should remain in custody Circuit Trial Court for an offense covered by this section, the
and charged in court or if he should be released for lack of procedure in section 3 (a) of this Rule shall be observed. If within
evidence or for further investigation ten (10) days after the filing of the complaint or information, the
judge finds no probable cause after personally evaluating the
WHAT SHOULD BE IN A CUSTODIAL INVESTIGATION REPORT? evidence, or after personally examining in writing and under oath
1. It shall be in writing the complainant and his witnesses in the form of searching
2. Should be read and adequately explained to the arrestee by his questions and answers, he shall dismiss the same. He may,
counsel in the language or dialect known to the arrestee however, require the submission of additional evidence, within ten
3. Signed or thumbmarked by the respondent (10) days from notice, to determine further the existence of
4. It should explain the causes on detention probable cause. If the judge still finds no probable cause despite
5. It should include the recommendation and its corresponding the additional evidence, he shall, within ten (10) days from its
support and basis submission or expiration of said period, dismiss the case. When he
 It shall be null and void absent any of the requisites mentioned finds probable cause, he shall issue a warrant of arrest, or a
 Not applicable when a warrant of arrest was issued commitment order if the accused had already been arrested, and
hold him for trial. However, if the judge is satisfied that there is no
Sec. 8. Records. – (a) Records supporting the information or necessity for placing the accused under custody, he may issue
complaint. – An information or complaint filed in court shall be summons instead of a warrant of arrest.
supported by the affidavits and counter-affidavits of the parties
and their witnesses, together with the other supporting evidence WHAT IS THE PROCEDURE IN CASES NOT REQUIRING A
and the resolution on the case. PRELIMINARY INVESTIGATION?
 If the complaint is filed with the prosecutor, the prosecutor shall
(b) Record of preliminary investigation. – The record of the act on the complaint based on the affidavits and other supporting
preliminary investigation, whether conducted by a judge or a documents submitted by the complainant WITHIN 10 DAYS FROM
prosecutor, shall not form part of the record of the case. However, ITS FILING
the court, on its own initiative or on motion of any party, may order  If the complaint is filed with the MTC, and within 10 days from the
the production of the record or any of its part when necessary in filing of the complaint or information, the judge FINDS NO
the resolution of the case or any incident therein, or when it is to PROBABLE CAUSE after personally examining the evidence in
be introduced as an evidence in the case by the requesting party. writing and under oath of the complainant and his witnesses in the
form of searching questions and answers, HE SHALL DISMISS THE
NOTE: The record of the PI doesn't form part of the RTC records unless COMPLAINT OR INFORMATION
introduced as evidence during the trial  He may require the submission or additional evidence, WITHIN 10
DAYS FROM NOTICE. If he still finds no probable caue, he shall
Sec. 9. Cases not requiring a preliminary investigation nor covered dismiss the case.
by the Rule on Summary Procedure. – (a) If filed with the

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 IF HE FINDS PROBABLE CAUSE, he shall issue a warrant of arrest WHAT IS THE ISSUE REGARDING ERAP? WHY DID HE APPLY AND
or commitment order and hold him for trial. If he thinks there is WAS GRANTED HOUSE ARREST?
no necessity for placing the accused under custody, he may ISSUE  Erap first filed a petition for bail but was denied
SUMMONS INSTEAD  Plunder is a non-bailable offense
 The bail being denied, the natural consequence is detention
NOTA BENE:  He applied for house arrest given the circumstances of his person
 Distinction between the control of the court and the prosecutor and medical reasons
 If the case has been filed in court, THE SECRETARY OF JUSTICE IS
ADMONISHED not to entertain any petition for review. The court Sec. 2. Arrest; how made. – An arrest is made by an actual restraint
may ignore or deny any decision he would make and this would of a person to be arrested, or by his submission to the custody of
cause embarrassment to him. the person making the arrest.
 The court acquires absolute control upon the filing of the case
(review from the past lectures) No violence or unnecessary force shall be used in making an arrest.
The person arrested shall not be subject to a greater restraint than
DISTINCTION BETWEEN INQUEST PROCEEDINGS AND is necessary for his detention.
PRELIMINARY INVESTIGATION
HOW ARREST IS MADE?
INQUEST PROCEEDING PRELIMINARY INVESTIGATION  An arrest is made by an actual restraint of the person to be
Accused already under detention. This is a statutory right. arrested or by his submission to the custody of the person making
the arrest
To request for an inquest, the The accused is not yet in custody
accused must sign a waiver of and there is no waiver to be signed. WHAT DOES IT MEAN WHEN JURISPRUDENCE SAYS THAT THE
Article 125 of the RPC OFFICER IN MAKING THE ARREST, MUST “STAND HIS GROUND”?
May be asked within 5 days from  It means that the officer may use such force as is reasonably
The DOJ guidelines applicable when filing. necessary to effect the arrest
accused has been validly arrested
without a warrant of arrest. Sec. 3. Duty of arresting officer. – It shall be the duty of the officer
executing the warrant to arrest the accused and deliver him to the
nearest police station or jail without unnecessary delay.
RULE 113 - ARREST
WHAT IS THE DUTY OF THE ARRESTING OFFICER WHO ARRESTS A
Section 1. Definition of arrest. – Arrest is the taking of a person
PERSON?
into custody in order that he may be bound to answer for the
 He must deliver the person immediately to the nearest jail or
commission of an offense.
police station
WHAT IS ARREST?
WHY SHOULD HE DELIVER? WHAT IS THE EVIL SOUGHT TO BE
 Arrest is the taking of a person into custody in order that he may
AVOIDED?
be bound to answer for the commission of the offense
 This is to avoid situations when the officer will hold the law in his
own hands
IS THERE HOUSE ARREST IN OUR JURISDICTION?
 Yes. Under Article 88 of the RPC, when there are offenses
Sec. 4. Execution of warrant. – The head of the office to whom the
punishable with arresto mayor, one can be given house arrest
warrant of arrest was delivered for execution shall cause the
under certain conditions. warrant to be executed within ten (10) days from its receipt.
Within ten (10) days after the expiration of the period, the officer

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to whom it was assigned for execution shall make a report to the nearest police station or jail and shall be proceeded against in
judge who issued the warrant. In case of his failure to execute the accordance with section 7 of Rule 112.
warrant, he shall state the reason therefore.
WHEN IS AN ARREST WITHOUT WARRANT LAWFUL?
WITHIN WHAT PERIOD MUST A WARRANT OF ARREST BE SERVED?  A peace officer or private person may arrest without warrant:
 There is no limitation of period 1. When, in his presence, the person to be arrested has
 A warrant of arrest is valid until the arrest is effected or the committed, is actually committing, or is attempting to commit
warrant lifted an offense;
 The head of the office to whom the warrant was delivered must 2. When an offense has just been committed and he has
cause it to be executed within 10 days from its receipt, and the probable cause to believe based on personal knowledge of
officer to whom it is assigned must make a report to the judge facts or circumstances that the person to be arrested has
who issued the warrant within 10 days from the expiration of the committed it; and
period. If he fails to execute it, he should state the reasons 3. When the person to be arrested is a prisoner who has
therefore. escaped from a penal establishment or place where he is
serving final judgment or is temporarily confined while his
WHAT IS THE LIFETIME OF A WARRANT OF ARREST? case is pending, or has escaped while being transferred from
 A warrant of arrest remains valid until the arrest is effected or one confinement to another.
the warrant lifted. 4. In hot pursuit

TO VALIDLY EFFECT ARREST, MUST THE PEACE OFFICER HAVE IN A POLICE OFFICER WAS CHASING A PERSON WHO HAD JUST
HIS POSSESSION THE WARRANT OF ARREST? COMMITTED AN OFFENSE. THE PERSON WENT INSIDE A HOUSE,
 Police officers may effect arrest without the warrant in their SO THE POLICE OFFICER FOLLOWED. INSIDE THE HOUSE, THE
possession at the time of the arrest POLICE OFFICER SAW DRUGS LYING AROUND. CAN HE
CONFISCATE THE DRUGS AND USE THEM AS EVIDENCE?
Sec. 5. Arrest without warrant; when lawful. – A peace officer or a  Yes. The plain view doctrine is applicable to this case because
private person may, without a warrant, arrest a person: there was a valid prior intrusion. The police officer inadvertently
discovered the evidence, he had a right to be there, and the
(a) When, in his presence, the person to be arrested has evidence was immediately apparent.
committed, is actually committing, or is attempting to commit an
offense; WHAT IF THE OFFICER MERELY PEEKS THROUGH THE WINDOW OF
THE HOUSE AND SEES THE DRUGS, CAN HE CONFISCATE THEM AND
(b) When an offense has just been committed and he has probable USE THEM AS EVIDENCE?
cause to believe based on personal knowledge of facts or  He can confiscate them, without prejudice though to his liability
circumstances that the person to be arrested has committed it; and for violation of domicile.
 He cannot use them as evidence because the seizure cannot be
(c) When the person to be arrested is a prisoner who has escaped justified under the plain view doctrine, there being no previous
from a penal establishment or place where he is serving final valid intrusion.
judgment or is temporarily confined while his case is pending, or
has escaped while being transferred from one confinement to WHAT IS THE EFFECT IF A WARRANTLESS AREEST IS ILLEGAL?
another.  It doesn't render void all other proceedings, including those
leading to the conviction of the accused nor can the state deprived
In cases falling under paragraphs (a) and (b) above, the person of its right to convict the guilty when all the facts of record point
arrested without a warrant shall be forthwith delivered to the to his culpability

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Sec. 6. Time of making arrest. – An arrest may be made on any day

and at any time of the day or night. Sec. 11. Right of officer to break into building or enclosure. – An
officer, in order to make an arrest either by virtue of a warrant, or
WHEN SHOULD AN ARREST BE MADE? without a warrant as provided in section 5, may break into any
 It can be made on any day or any time of the day and night building or enclosure where the person to be arrested is or is
reasonably believed to be, if he is refused admittance thereto, after
Sec. 7. Method of arrest by officer by virtue of warrant. announcing his authority and purpose.
– When making an arrest by virtue of a warrant, the officer shall
inform the person to be arrested of the cause of the arrest and the Sec. 12. Right to break out from building or enclosure. – Whenever
fact that a warrant has been issued for his arrest, except when he an officer has entered the building or enclosure in accordance with
flees or forcibly resists before the officer has opportunity to so the preceding section, he may break out therefrom when necessary
inform him, or when the giving of such information will imperil the to liberate himself.
arrest. The officer need not have the warrant in his possession at
the time of the arrest but after the arrest, if the person arrested so WHAT AUTHORITY DOES AN ARRESTING OFFICER HAVE?
requires, the warrant shall be shown to him as soon as practicable. 1. Summon assistance
2. Break into the building or enclosure
Sec. 8. Method of arrest by officer without warrant. – When making 3. Break out of the building
an arrest without a warrant, the officer shall inform the person to
be arrested of his authority and the cause of the arrest, unless the Sec. 13. Arrest after escape or rescue. – If a person lawfully
latter is either engaged in the commission of an offense, is pursued arrested escapes or is rescued, any person may immediately
immediately after its commission, has escaped, flees, or forcibly pursue or retake him without a warrant at any time and in any
resists before the officer has opportunity to so inform him, or when place within the Philippines.
the giving of such information will imperil the arrest.
Sec. 14. Right of attorney or relative to visit person arrested. – Any
CAN AN OFFICER ARREST A PERSON AGAINST WHOM A WARRANT member of the Philippine Bar shall, at the request of the person
HAS BEEN ISSUED EVEN IF HE DOESN'T HAVE THE WARRANT WITH arrested or of another acting in his behalf, have the right to visit
HIM? and confer privately with such person in the jail or any other place
 Yes, but after the arrest, if the person arrested requires, the of custody at any hour of the day or night. Subject to reasonable
warrant must be shown to him as soon as possible. regulations, a relative of the person arrested can also exercise the
same right.
Sec. 9. Method of arrest by private person. – When making an
arrest, a private person shall inform the person to be arrested of NOTE: Under RA7438, any person arrested or detained or under custodial
the intention to arrest him and the case of the arrest, unless the investigation shall be allowed visits by or conferences with any member of
latter is either engaged in the commission of an offense, is pursued his immediate family, or any medical doctor, or priest or any religious
immediately after its commission, or has escaped, flees, or forcibly minister chosen by him or by any member of his immediate family or by
resists before the person making the arrest has opportunity to so his counsel, or by any national non-governmental organization duly
inform him, or when the giving of such information will imperil the accredited by the CHR or by any international non-governmental
arrest. organization accredited by the Office of the President.

Sec. 10. Officer may summon assistance. – An officer making a Immediate family shall include—spouse, fiancé or fiancée, parent or child,
lawful arrest may orally summon as many persons as he deems brother or sister, grandparent or grandchild, uncle or aunt, nephew or
necessary to assist him in effecting the arrest. Every person so neice, and guardian or ward.
summoned by an officer shall assist him in effecting the arrest
when he can render such assistance without detriment to himself.

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RULE 114 - BAIL Sec. 2. Conditions of the bail; requirements. – All kinds of bail are
subject to the following conditions:
Section 1. Bail defined. – Bail is the security given for the release of (a) The undertaking shall be effective upon approval, and unless
a person in custody of the law, furnished by him or a bondsman, to cancelled, shall remain in force at all stages of the case until
guarantee his appearance before any court as required under the promulgation of the judgment of the Regional Trial Court,
conditions hereinafter specified. Bail may be given in the form of irrespective of whether the case was originally filed in or appealed
corporate surety, property bond, cash deposit, or recognizance. to it;

WHAT IS BAIL? (b) The accused shall appear before the proper court whenever
1. It is the security given required by the court of these Rules;
2. For the release of a person in custody of the law
3. Furnished by him or a bondsman (c) The failure of the accused to appear at the trial without
4. To guarantee his appearance before any court as required justification and despite due notice shall be deemed a waiver of his
right to be present thereat. In such case, the trial may proceed in
WHEN IS THE RIGHT TO BAIL AVAILABLE? absentia; and
 The right only accrues when a person is arrested or deprived of
his liberty (d) The bondsman shall surrender the accused to the court for
 The right to bail presupposes that the accused is under legal execution of the final judgment.
custody
 A court cannot order provisional liberty to one who is then actually The original papers shall state the full name and address of the
in the enjoyment of his liberty accused, the amount of the undertaking and the conditions
 The right to bail therefore presupposes that the accused should be required by this section. Photographs (passport size) taken within
in custody the last six (6) months showing the face, left and right profiles of
the accused must be attached to the bail.
WHAT ARE THE DIFFERENT FORMS OF BAIL?
1. Corporate surety WHAT ARE THE CONDITIONS OF THE BAIL?
2. Property bond 1. If before conviction, that the defendant shall answer the complaint
3. Cash bond or information in the court in which it is filed or to which it may be
4. Recognizance transferred for trial
2. After conviction, that he will surrender himself in execution of the
WHAT IS RECOGNIZANCE? judgment that the appellate court may render
1. Obligation of record 3. That in case the cause is remanded for new trial, he will appear in
2. Entered before a court or magistrate duly authorized to take it court to which it may be remanded and submit himself to the
3. With the condition to do some particular act orders and processes thereof
4. The most usual condition in criminal cases being the appearance *For failure to perform any of these conditions, the bond given as security
of the accused for trial thereof may be forfeited.
NOTA BENE: may be by the accused himself or of another person. An
example of this is when Cory Aquino took recognizance of Jomar Sison. CAN THE COURT IMPOSE OTHER CONDITIONS OR LIMITATIONS ON
Take note also that there are instances when there is pending application THE BAIL?
for probation, one applies for recognizance.  Yes, the trial court may impose other conditions in granting bail
where the likelihood of the accused jumping bail or of committing
WHAT IS THE CONSTITUTIONAL BASIS OF THE RIGHT TO BAIL? other harm to the citizenry is feared.
 Presumption of innocence  The court even has the power to prohibit a person admitted to bail
from leaving the Phiippines or restrict his right to travel

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guarantee of the Bill of Rights, and this right he retains unless and
DOES AN ADDITIONAL CONDITION NOT VIOLATE THE until he is charged with a capital offense and evidence of guilt is
PROHIBITION ON EXCESSIVE BAIL? strong
 No because the determination if there is excessive bail would
depend on the facts and circumstances of each case IS BAIL A MATTER OF RIGHT OR OF DISCRETION? WHEN IS IT
 Bail would still be determined based on the following factors-- EITHER?
financial liability of the accused to give bail; nature and  Bail is either a matter of right or of discretion
circumstance of the offense; penalty for the offense charged;  Upon custody and prior to conviction, it is a MATTER OF RIGHT
character and reputation of the accused; age and health of the when the offense charged is not punishable by death, life
accused; weight of the evidence against the accused; probability imprisonment, or reclusion perpetua
of the accused appearing at the trial; forfeiture of other bail; the  However, upon conviction by the RTC of an offense not punishable
fact that the accused was a fugitive from justice when arrested; by death, life imprisonment, or reclusion perpetua, bail becomes a
and pendency of other cases where the accused is on bail. MATTER OF DISCRETION
NOTA BENE: When bail is a matter of right, the accused may apply for
Sec. 3. No release or transfer except on court order or bail. – No and be granted bail even prior to arraignment.
person under detention by legal process shall be released or
transferred except upon order of the court or when he is admitted Sec. 5. Bail, when discretionary. – Upon conviction by the Regional
to bail. Trial Court of an offense not punishable by death, reclusion
perpetua, or life imprisonment, admission to bail is discretionary.
ARTICLE 3, SECTION 13 OF THE CONSTITUTION: The application for bail may be filed and acted upon by the trial
court despite the filing of a notice of appeal, provided it has not
All persons, except those charged with offenses punishable by transmitted the original record to the appellate court. However, if
reclusion perpetua when evidence of guilt is strong, shall, before the decision of the trial court conviction the accused changed the
conviction, be bailable by sufficient sureties, or be released on nature of the offense from non-bailable to bailable, the application
for bail can only be filed with and resolved by the appellate court.
recognizance as may be provided by law. The right to bail shall not
be impaired even when the privilege of the writ of habeas corpus is
suspended. Excessive bail shall not be required. Should the court grant the application, the accused may be allowed
to continue on provisional liberty during the pendency of the
appeal under the same bail subject to the consent of the
Sec. 4. Bail, a matter of right; exception. – All persons in custody bondsman.
shall be admitted to bail as a matter of right, with sufficient
sureties, or released on recognizance as prescribed by law or this
If the penalty imposed by the trial court is imprisonment exceeding
Rule (a) before or after conviction by the Metropolitan Trial Court, six (6) years, the accused shall be denied bail, or his bail shall be
Municipal Trial Court, Municipal Trial Court in Cities, or Municipal cancelled upon a showing by the prosecution, with notice to the
Circuit Trial Court, and (b) before conviction by the Regional Trial
accuse, of the following or other similar circumstances:
court of an offense not punishable by death, reclusion perpetua, or
life imprisonment. (a) That he is a recidivist, quasi-recidivist, or habitual delinquent,
or has committed the crime aggravated by the circumstance of
WHAT IS THE GENERAL RULE REGARDING THE RIGHT TO BAIL? reiteration;
 As a general rule, before conviction of any criminal offense any
person shall be bailable, except when such person is charged with (b) That he has previously escaped from legal confinement, evaded
a capital offense and the evidence of guilt is strong sentence, or violated the conditions of his bail without valid
 From the moment a person is under custody, under arrest or justification;
detention or restraint by the officers of the law, he can claim the

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(c) That he committed the offense while under probation, parole, or

conditional pardon; WHEN MAY A PERSON BE NOT ADMITTED TO BAIL?
 When the evidence of guilt is strong, a person shall not be
(d) That the circumstances of his case indicate the probability of admitted to bail if charged with a capital offense, or when charged
flight if released on bail; or with an offense that under the law is punishable with reclusion
perpetua at the time of the commission of the offense and at the
(e) That there is undue risk that he may commit another crime time of application for bail
during the pendency of the appeal.
WHEN IS A BAIL HEARING NECESSARY?
The appellate court may, motu proprio or on motion of any party,  The present rules provide that a bail hearing is mandatory on
review the resolution of the Regional Trial Court after notice to the granting bail, whether it is a matter of right or of discretion
adverse party in either case.  Even in cases where there is no petition for bail, a hearing should
still be had
IF THE ACCUSED IS CONVICTED IN THE RTC FOR AN OFFENSE  It is incumbent upon the prosecution to show evidence of guilt is
WITH LESS THAN 6 YEARS OF IMPRISONMENT, IS BAIL A MATTER strong. Even if there is absence or refusal, court shall still
OF RIGHT OR OF DISCRETION? conduct a hearing.
 It is matter of discretion
 Bail after conviction in the RTC for an offense not punishable by a IF PROSECUTOR REFUSES, WHAT EVIDENCE SHOULD BE USED BY
capital punishment is a matter of discretion THE COURT?
 If the prosecutor refuses to cooperate, the evidence that should
IF THE ACCUSED IS CONVICTED IN THE RTC FOR AN OFFENSE be used by the court is the evidence found in the information,
PUNISHABLE FROM 6 TO 8 YEARS, IS BAIL A MATTER OF RIGHT OR complaint or even the records of the case or preliminary
OF DISCRETION? investigation conducted
 It is neither a matter of right nor a matter of discretion. Why? It
should be denied due to the high flight risk. CAN THE COURT MOTU PROPIO GRANT BAIL EVEN IF THERE IS NO
APPLICATION?
WHEN CAN THE PROSECUTION MOVE FOR THE CANCELLATION OR  No.
DENIAL OF BAIL OF THE ACCUSED?
 If the penalty imposed by the court is imprisonment for more than WHAT IS REQUIRED OF THE JUDGE WHO DENIES AN APPLICATION
6 years, the prosecution may move for the denial or cancellation FOR BAIL?
of the bail of the accused, with notice to the accused, upon  The order denying bail issued by the judge should contain a
showing of the following circumstances: summary of the evidence presented and the reason for the denial,
1. That he is a recidivist, quasi-recidivist, or habitual delinquent, otherwise, it shall be void
or has committed the crime aggravated by the circumstance  The reason is that there is a need for clear grounds before a
of reiteration; person can be denied his liberty
2. That he has previously escaped from legal confinement,  This is to safeguard the constitutional right to presumption of
evaded sentence, or violated the conditions of his bail without innocence
valid justification;
3. That he committed the offense while under probation, parole, IF THERE IS A POSSIBILITY THAT THE ACCUSED WOULD JUMP
or conditional pardon; BAIL, WHAT CAN THE COURT DO?
4. That the circumstances of his case indicate the probability of 1. Increase the amount of the bail
flight if released on bail; or 2. Require periodic reports of the accused to court
5. That there is undue risk that he may commit another crime 3. Warn the accused that should he jump bail, the trial may proceed
during the pendency of the appeal. in absentia

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 What is to be considered is prima facie evidence, not the penalty

WHAT IS THE DOCTRINE OF RESIDUAL POWERS? that may be imposed taking into account modifying circumstances
 They are powers which the trial court retains even after the
perfection of the appeal Sec. 7. Capital offense or an offense punishable by reclusion
 For example: X was charged and convicted with a crime so he perpetua or life imprisonment, not bailable. – No person charged
filed a notice of appeal. If he wants to put up bail, where should with a capital offense, or an offense punishable by reclusion
he file his application? If the records of the case have not been perpetua or life imprisonment, shall be admitted to bail when
transmitted to the appellate court, X can file the application with evidence of guilt is strong, regardless of the state of the criminal
the trial court. However, once the records have been transmitted prosecution.
to the appellate court, the trial court loses his jurisdiction over the
bail application. IN AN INFORMATION FILED BEFORE THE RTC, RP WAS CHARGED
WITH VIOLATION OF PD 1866 FOR ILLEGAL POSSESSION OF
IS THE RULE ABSOLUTE? FIREARMS PUNISHABLE BY RECLUSION TEMPORAL MAXIMUM TO
 No, if the decision of the trial court upgraded the offense from RECLUSION PERPETUA. PENDING TRIAL, RP WAS RELEASED ON
non-bailable to bailable, the application should be filed with and BAIL. THEREAFTER, RP WAS CONVICTED AS CHARGED AND METED
could only be resolved by the appellate court AN INDETERMINATE PENALTY OF 17 YEARS 4 MONTHS AND 1 DAY
OF RECLUSION TEMPORAL TO 21 YEARS OF RECLUSION PERPETUA.
CAN AN ACCUSED POST BAIL EVEN IF HE HAS NOT BEEN FORMALLY ON APPEAL, RP’S CONVICTION WAS AFFIRMED AND HIS BAIL WAS
CHARGED IN COURT? CANCELLED. RP APPEALED TO THIS DECISION AND PRAYED TO BE
 Yes as long as the accused is under custody of the law ALLOWED TO POST BAIL FOR TEMPORARY LIBERTY. IS RP
ENTITLED TO BAIL?
CAN ANTONIO TRILLANES POST BAIL?  In this case, appellant was convicted of a crime punishable by
 No, even if the offense is punishable with prison correctional, reclusion perpetua. He is therefore not entitled to bail as his
military men are not granted bail. They have access to arms conviction clearly imports that the evidence of guilt is strong.
which make them a danger to society. The equal protection  Furthermore, a summary hearing for his bail application for the
clause is not violated since they are of a different class with a sole purpose of determining whether or not evidence is strong is
substantial difference from civilians. unnecessary.
 See COMENDADOR CASE  The extensive trial before the lower court and the appeal before
respondent court are more than sufficient in accomplishing the
CAN BAIL BE GRANTED IN DEPORTATION CASES? purpose for which a summary hearing for bail application is
 No, see PURUGGANAN CASE designed

Sec. 6. Capital offense defined. – A capital offense is an offense Sec. 8. Burden of proof in bail application. – At the hearing of an
which, under the law existing at the time of its commission and of application for bail filed by a person who is in custody for the
the application for admission to bail, may be punished with death. commission of an offense punishable by death, reclusion perpetua,
or life imprisonment, the prosecution has the burden of showing
WHAT IS A CAPITAL OFFENSE? that evidence of guilt is strong. The evidence presented during the
 A capital offense is an offense which, under the law existing at the bail hearing shall be considered automatically reproduced at the
time of its commission and of the application for admission to bail, trial but, upon motion of either party, the court may recall any
may be punished by death witness for additional examination unless the latter is dead,
outside the Philippines, or otherwise unable to testify.
HOW IS THE CAPITAL NATURE OF AN OFFENSE DETERMINED?
 The capital nature of the offense is determined by the penalty NOTA BENE: The grant or denial of bail in capital offense hinges on the
prescribed by law strength of the evidence of guilt. This requires that the trial court conduct

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bail hearings wherein both the prosecution and the defense are afforded
sufficient opportunity to present their respective evidence. The burden of (d) Character and reputation of the accused;
proof lies with the prosecution to show the evidence of guilt is strong. But
the determination of whether the evidence of guilt is strong is a matter of (e) Age and health of the accused;
judicial discretion. Though not absolute nor beyond control, the discretion
of the trial court must be sound and exercised within reasonable grounds. (f) Weight of the evidence against the accused;

MUST THE DEFENSE PRESENT ANY EVIDENCE DURING THE (g) Probability of the accused appearing at the trial;
HEARING ON THE APPLICATION FOR BAIL?
 No, the burden of proof is upon the prosecution to show that the (h) Forfeiture of other bail;
evidence of guilt of accused is strong
(i) The fact that the accused was a fugitive from justice when
WHAT ARE THE DUTIES OF THE TRIAL JUDGE IN CASE AN arrested; and
APPLICATION FOR BAIL IS FILED?
1. Notify the prosecutor of the hearing or require him to submit a (j) Pendency of other cases where the accused is on bail.
recommendation Excessive bail shall not be required.
2. Conduct a hearing
3. Decide whether the evidence of guilt is strong based on the WHAT DETERMINES IF BAIL IS EXCESSIVE OR NOT? IS IT THE
summary of evidence of the prosecution AMOUNT?
4. If the guilt of the accused is not strong, discharge the accused  It doesn't depend on the amount but is dependent on the
upon the approval of the bail bond. If evidence of guilt is strong, circumstances of the accused particularly his financial capacity
the petition should be denied.
WHAT ARE THE GUIDELINES IN SETTING THE AMOUNT OF BAIL?
WHAT IS EVIDENT PROOF AND PRESUMPTION GREAT? 1. Financial liability of the accused to give bail;
2. Nature and circumstance of the offense;
EVIDENT PROOF PRESUMPTION GREAT 3. Penalty for the offense charged;
Clear, strong evidence while leads a Exists when the circumstances 4. Character and reputation of the accused;
well-grounded dispassionate testified to are such that the 5. Age and health of the accused;
judgment to the conclusion that the inference of guilt naturally to be 6. Weight of the evidence against the accused;
offense has been committed as drawn therefrom is strong, clear 7. Probability of the accused appearing at the trial;
charged, that the accused is the and convincing unbiased judgment 8. Forfeiture of other bail;
guilty agent and that he will and excludes all reasonable 9. The fact that the accused was a fugitive from justice when
probably be punished capitally if the probability of any other conclusion arrested; and
law is administered 10. Pendency of other cases where the accused is on bail.

Sec. 9. Amount of bail; guidelines. – The judge who issued the ARTICLE 3, SECTION 19 OF THE CONSTITUTION:
warrant or granted the application shall fix a reasonable amount of
bail considering primarily, but not limited to, the following factors: 1. Excessive fines shall not be imposed, nor cruel, degrading or
(a) Financial liability of the accused to give bail; inhuman punishment inflicted. Neither shall death penalty be
imposed, unless, for compelling reasons involving heinous crimes,
(b) Nature and circumstance of the offense; the Congress hereafter provides for it. Any death penalty already
imposed shall be reduced to reclusion perpetua.
(c) Penalty for the offense charged;

BY: MA. ANGELA LEONOR C. AGUINALDO

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2. The employment of physical, psychological, or degrading security for the amount of the bail. Within ten (10) days after the
punishment against any prisoner or detainee or the use of approval of the bond, the accused shall cause the annotation of the
substandard or inadequate penal facilities under subhuman lien on the certificate of title on file with the Registry of Deeds if
the land is registered, or if unregistered, in the Registration Book
conditions shall be dealt with by law.
on the space provided therefore, in the Registry of Deeds for the
province or city where the land lies, and on the corresponding tax
WHAT HAPPENS WHEN THE JUDGE IMPOSES EXCESSIVE BAIL? declaration in the office of the provincial, city and municipal
 The judge may be administratively sanctioned and filed as the assessor concerned.
judge violates the constitutional right of the accused to bail and its
prohibition on excessive bail Within the same period, the accused shall submit to the court his
 The judge makes the right a teasing illusion like a munificent compliance and his failure to do so shall be sufficient cause for the
bequest in a pauper’s will cancellation of the property bond and his re-arrest and detention.

WHAT IS THE REMEDY OF THE ACCUSED IF HE IS DENIED BAIL?

Sec. 12. Qualifications of sureties in property bond. – The
 He should file a special civil action in the Court of Appeals within qualifications of sureties in a property bond shall be as follows:
60 days (a) Each must be a resident owner of real estate within the
Philippines;
Sec. 10. Corporate surety. – Any domestic or foreign corporation,
licensed as a surety in accordance with law and currently (b) Where there is only one surety, his real estate must be worth at
authorized to act as such, may provide bail by a bond subscribed least the amount of undertaking;
jointly by the accused and an officer of the corporation duly
authorized by its board of directors. (c) If there are two or more sureties, each may justify in an
amount less than that expressed in the undertaking but the
CAN THE COURT REFUSE TO ACCEPT A CORPORATE SURETY AND
aggregate of the justified sums must be equivalent to the whole
REQUIRE INSTEAD THE POSTING OF A CASH BOND? amount of the bail demanded.
 No, the trial court may not reject otherwise acceptable sureties
and insist that the accused obtain his provisional liberty only In all cases, every surety must be worth the amount specified in his
through a cash bond own undertaking over and above all just debts, obligations and
 The posting of the cash bond would entail a transfer of assets properties exempt from execution.
into the possession of the court, and its procurement could work
untold hardship on the part of the accused as to have the effect Sec. 13. Justification of sureties. – Every surety shall justify by
of altogether denying the accused’s constitutional right to bail. affidavit taken before the judge that he possesses the qualification
 On the other hand, a surety bond may be obtained by the prescribed in the preceding section. He shall describe the property
accused by the payment of a relatively small premium. A surety given as security, stating the nature of his title, its encumbrances,
or property bond doesn't require an actual financial outlay on the the number and amount of other bails entered into by him and still
part of the bondsmand or property owner. undischarged, and his other liabilities. The court may examine the
 It is only the reputation or credit standing of the bondsman or sureties upon oath concerning their sufficiency in such manner as it
the expectancy of the price at which the property can be sold is may deem proper. No bail shall be approved unless the surety is
placed in the hands of the court to guarantee the production of qualified.
the body of the accused at the various proceedings leading to
conviction or acquittal. WHAT ARE THE MINIMUM REQUIREMENTS FOR SURETIES?
 Surety must be a resident owner of real estate within the
Sec. 11. Property bond, how posted. – A property bond is an Philippines
undertaking constituted as lien on the real property given as

BY: MA. ANGELA LEONOR C. AGUINALDO

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 If there is only one surety, his real estate must be worth the A person in custody for a period equal to or more than the
amount of the undertaking minimum of the principal penalty prescribed for the offense
 If there are two or more sureties, the aggregate of the sums must charged, without application of the Indeterminate Sentence Law or
be equivalent to the whole amount of the bail demanded, and any modifying circumstance, shall be released on a reduced bail or
every surety must be worth the amount specified in his own on his own recognizance, at the discretion of the court.
undertaking over and above all just debts, obligations, and
properties exempt from execution Sec. 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
MAY THE COURT ADDITIONALLY REQUIRE THAT THE SURETY BE A unavailability of the judge thereof, with any regional trial judge,
RESIDENT OF THE PHILIPPINES BUT OF THE PROVINCE? metropolitan trial judge, municipal trial judge, or municipal circuit
 Yes, the provision which requires that the sureties must be a trial judge in the province, city or municipality. If the accused is
resident householder or freeholder within the Philippines is but a arrested in a province, city, or municipality other than where the
minimum requirement case is pending, bail may also be filed with any regional trial court
 And where this requirement would not prejudice the petitioner, of said place, of if no judge thereof is available, with any
the judge has the power to add such requirement metropolitan trial judge, municipal trial judge, or municipal circuit
trial judge therein.
Sec. 14. Deposit of cash as bail. – The accused or any person acting
in his behalf may deposit in cash with the nearest collector of (b) Where the grant of bail is a matter of discretion, or the accused
internal revenue or provincial, city, or municipal treasurer the seeks to be released on recognizance, the application may only be
amount of bail fixed by the court, or recommended by the filed in the court where the case is pending, whether on
prosecutor who investigated or filed the case. Upon submission of a preliminary investigation, trial, or appeal.
proper certificate of deposit and a written undertaking showing
compliance with the requirements of section 2 of this Rule, the Any person in custody who is not yet charged in court may apply
accused shall be discharged from custody. The money deposited for bail with any court in the province, city, or municipality where
shall be considered as bail and applied to the payment of fine and he is held.
costs while the excess, if any, shall be returned to the accused or
to whoever made the deposit. AS A GENERAL RULE, WHERE SHOULD BAIL BE FILED?
 It may be filed with the court where the case is pending. In the
Sec. 15. Recognizance. – Whenever allowed by law or these Rules, absence of the judge thereof, bail may be filed with any RTC or
the court may release a person in custody on his own recognizance MTC judge in the province, city or municipality.
or that of a responsible person.  If the accused is arrested in a province, city or municipality other
than where the case is pending, bail may also be filed with the
Sec. 16. Bail, when not required; reduced bail or recognizance. – No RTC of said place, or if no judge is available, with any MTC judge
bail shall be required when the law or these Rules so provide. therein
 But where bail is a matter of discretion or where the accused
When a person has been in custody for a period equal to or more seeks to be released on recognizance, bail may only be filed in the
than the possible maximum imprisonment prescribed for the court where the case is pending
offense charged, he shall be released immediately, without  Any person in custody not yet charged may apply for bail with any
prejudice to the continuation of the trial or the proceedings on court in the province, city or municipality where he is held
appeal. If the maximum penalty to which the accused may be
sentenced is destierro, he shall be released after thirty (30) days of WHERE SHOULD ONE POST BAIL IF HE HASN'T BEEN CHARGED
preventive imprisonment. YET?
 In the RTC of the place where he is in custody. In the absence of
RTC, in the MTC.

BY: MA. ANGELA LEONOR C. AGUINALDO

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 The application for bail must be filed in the court where the case is
WHAT SITUATIONS ARE CONTEMPLATED UNDER THIS SECTION? pending. In the absence or unavailability of the judge thereof, the
 First, the accused is arrested in the same province, city or application for bail may be filed with another branch of the same
municipality where his case is pending court within the province or city
 Second, the accused is arrested in the province, city or  If the accused is arrested in a province, city or municipality other
municipality other than where his case is pending than where the case is pending, bail may be filed with any RTC of
the place. If no judge thereof is available, then with the MTC
MAY A JUDGE ISSUE A BAIL BOND FOR CASES NOT PENDING IN judge therein.
HIS SALE OR ARE OUTSIDE HIS JURISDICTION CONTENDING THAT
IT WAS DONE MAINLY IN GOOD FAITH INTERPRETATION AND Sec. 20. Increase or reduction of bail. – After the accused is
APPLICATION OF THE RULES? admitted to bail, the court may, upon good cause, either increase
 No, a judge cannot shield himself from the consequence of his or reduce its amount. When increased, the accused may be
persistent deviant activities by the simple invocation of good fatih committed to custody if he does not give bail in the increased
and the supplication that he was only moved by pity for the poor amount within a reasonable period. An accused held to answer a
and forsaken accused criminal charge, who is released without bail upon filing of the
 A judge’s jurisdiction is confined to that over which he presides complaint or information, may, at any subsequent stage of the
 Therefore to approve bail applications and issue corresponding proceedings and whenever a strong showing of guilt appears to the
release order in cases pending in courts outside his territorial court, be required to give bail in the amount fixed, or in lieu
jurisdiction, particularly so where the accused are detained thereof, committed to custody.
thereat and not in his jurisdiction and therefore cannot personally
appear before him as required, constitute ignorance of the law so Sec. 21. Forfeiture of bail. – When the presence of the accused is
gross as to amount to incompetence and even corruption required by the court or these Rules, his bondsmen shall be notified
to produce him before the court on a given date and time. If the
Sec. 18. Notice of application to prosecutor. – In the application for accused fails to appear in person as required, his bail shall be
bail under section 8 of this Rule, the court must give reasonable declared forfeited and the bondsmen given thirty (30) days within
notice of the hearing to the prosecutor or require him to submit his which to produce their principal and to show why no judgment
recommendation. should be rendered against them for the amount of their bail.
Within the said period, the bondsmen must:
WHY IS NOTICE TO THE PROSECUTOR REQUIRED?
 Such notice is required because the burden of showing that the (a) produce the body of their principal or give the reason for his
evidence of guilt is strong is on the prosecution non-production; and

Sec. 19. Release on bail. – The accused must be discharged upon (b) explain why the accused did not appear before the court when
approval of the bail by the judge with whom it was filed in first required to do so.
accordance with section 17 of this Rule.
Failing in these two requisites, a judgment shall be rendered
When bail is filed with a court other than where the case is against the bondsmen, jointly and severally, for the amount of the
pending, the judge who accepted the bail shall forward it, together bail. The court shall not reduce or otherwise mitigate the liability of
with the order of release and other supporting papers, to the court the bondsmen, unless the accused has been surrendered or is
where the case is pending, which may, for good reason, require a acquitted.
different one to be filed.
WHAT DO BONDSMEN UNDERTAKE TO DO UNDER THE BOND?
WHAT ARE THE PREREQUISITES FOR A JUDGE TO ISSUE THE
RELEASE OF THE ACCUSED UPON FILING OF A BOND?

BY: MA. ANGELA LEONOR C. AGUINALDO

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 When the appearance of the accused is required, the sureties shall  Within the period of 30 days, the bondsmen must:
be notified to produce the accused before the court on a given 1. Produce the body of the accused
date 2. Explain satisfactorily why the accused didn't appear when
 If the accused fails to appear as required, the bond is declared first required to do so
forfeited and the bondsmen are given 30 days within which to  Failure of the bondsman to produce the accused when required by
produce the accused and show cause why judgment shouldn't be the court and subsequent presentment will not exonerate the
rendered against them for the amount of the bond bondsman’s liability unless he gives satisfactory reason why he
 Within the period of 30 days, the bondsmen must: failred to appear when first required to do so
1. Produce the body of the accused  SATISFACTORY EXPLANATION—act of God, act of the obligee, act
2. Explain satisfactorily why the accused didn't appear when of the law exonerates the sureties. If the accused died, the fact of
first required to do so death must be before the breach and the fact of death must be
o If they fail to comply with these requisites, the court shall established by competent evidence for the sureties to be
render judgment against them on the bond. exonerated from liability.

WHAT IS THE EFFECT OF ASSUMING THE OBLIGATION OF BAIL? Sec. 22. Cancellation of bail. – Upon application of the bondsmen,
 The sureties become in law the jailers of the principal with due notice to the prosecutor, the bail may be cancelled upon
 Their custody of him is the continuation of the original surrender of the accused or proof of his death.
imprisonment and though they cannot actually confine him, they
are subrogated to all other rights and means which the The bail shall be deemed automatically cancelled upon acquittal of
government possesses to make their control of him effective when the accused, dismissal of the case, or execution of the judgment of
the accused jumps bail and the trial shall continue and the conviction.
bondsman held to their undertaking and sureties
In all instances, the cancellation shall be without prejudice to any
UNDER WHOSE DISCRETION IS THE REDUCTION OF THE LIABILITY liability on the bail.
OF A BONDSMAN UNDER THE FORFEITED BOND?
 It is wholly subject to the discretion of the trial court HOW IS BAIL CANCELLED?
 To be refused or granted according to the merits of the particular  The same principles and procedure governing hearings on an
case before the court, and the exercise of such discretion will not application for bail applies to cancellation of bail
be disturbed on appeal unless grave abuse of discretion was  The same issue as in an application for bail confronts the judge in
committed or that there are circumstances which the trial court proceedings for cancellation of bail. Hence, the similarity of the
failed to consider nature and procedure for application for bail and cancellation are
the same
WHAT IS THE DUTY OF THE BONDSMAN WHEN ACCUSED IS
REQUIRED TO APPEAR? Sec. 23. Arrest of accused out on bail. – For the purpose of
 Notice alone to the accused is insufficient. surrendering the accused, the bondsmen may arrest him or, upon
 The bondsman is duty bound to produce the person of the accused written authority endorsed on a certified copy of the undertaking,
when his appearance is required by the court, which shows that cause him to be arrested by a police officer or any other person of
mere notice is not sufficient but the bondsman must make every suitable age and discretion.
effort to see that he actually makes his appearance
 Failure to do so, trial court may consider it negligent in the An accused released on bail may be re-arrested without the
performance of his duties which the SC cannot disturb necessity of a warrant if he attempts to depart from the Philippines
without permission of the court where the case is pending.
WHAT ARE THE REQUISITES TO JUSTIFY THE BONDSMAN’S
EXEMPTION FROM LIABILITY?

BY: MA. ANGELA LEONOR C. AGUINALDO

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CAN THE BONDSMEN ARREST THE ACCUSED FOR GOOD CAUSE respective municipalities and submit a report to the executive
EVEN IF THE LATTER IS OUT ON BAIL? judge of the Regional Trial Court having jurisdiction therein.
 Yes
 For the reason of surrending the defendant, the bondsman may A monthly report of such visitation shall be submitted by the
arrest him or cause a written authority indorsed on a certified executive judges to the Court Administrator which shall state the
copy of the undertaking, may cause him to be arrested by any total number of detainees, the names of those held for more than
police officer or any other person of suitable age and discretion thirty (30) days, the duration of detention, the crime charged, the
 When bail is given, the principal is regarded as delivered to the status of the case, the cause for detention, and other pertinent
custody of his sureties; their dominion is a continuance of the information.
original imprisonment.
 Whenever they choose to do so, they may seize him and deliver Sec. 26. Bail not a bar to objections on illegal arrest, lack of or
him up; if that cannot be done at once, they may imprison him irregular preliminary investigation. – An application for or
until it can be done admission to bail shall not bar the accused from challenging the
 They may exercise their rights in person or his agent; they may validity of his arrest or the legality of the warrant issued therefore,
pursue him into another State; they may arrest him on Sabbath; or from assailing the regularity or questioning the absence of a
and if necessary, they may break into and enter his house for that preliminary investigation of the charge against him, provided that
purpose he raises them before entering his plea. The court shall resolve the
matter as early as practicable but not later than the start of the
Sec. 24. No bail after final judgment; exception. – No bail shall be trial of the case.
allowed after a judgment of conviction has become final. If before
such finality, the accused applies for probation, he may be allowed DOES AN APPLICATION FOR BAIL BAR THE ACCUSED FROM
temporary liberty under his bail. When no bail was filed or the QUESTIONING THE VALIDITY OF THE WARRANT, OR THE MANNER
accused is incapable of filing one, the court may allow his release OF CONDUCTING THE PRELIMINARY INVESTIGATION
on recognizance to the custody of a responsible member of the  No, provided that he raises these questions before plea.
community. In no case shall bail be allowed after the accused has  The ruiing modifies the previous ruling that an application for bail
commenced to serve sentence. by the accused shall be considered as a waiver of his right to
challenge the validity of his arrest or the absence of a preliminary
Sec. 25. Court supervision of detainees. – The court shall exercise investigation
supervision over all persons in custody for the purpose of  There is nothing inconsistent with posting bail and filing a motion
eliminating unnecessary detention. The executive judges of the to quash information
Regional Trial Courts shall conduct monthly personal inspections of
provincial, city, and municipal jails and the prisoners within their RULE 115 - RIGHTS OF ACCUSED
respective jurisdictions. They shall ascertain the number of
detainees, inquire on their proper accommodation and health and Section 1. Rights of accused at trial. – In all criminal prosecutions,
examine the condition of the jail facilities. They shall order the the accused shall be entitled to the following rights:
segregation of sexes and of minors from adults, ensure the
observance of the right of detainees to confer privately with (a) To be presumed innocent until the contrary is proved beyond
counsel, and strive to eliminate conditions inimical to the reasonable doubt.
detainees.
(b) To be informed of the nature and cause of the accusation
In cities and municipalities to be specified by the Supreme Court, against him.
the municipal trial judges or municipal circuit trial judges shall
conduct monthly personal inspections of the municipal jails in their (c) To be present and defend in person and by counsel at every
stage of the proceedings, from arraignment to promulgation of the

BY: MA. ANGELA LEONOR C. AGUINALDO

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judgment. The accused may, however, waive his presence at the 3. To be present and defend in person and by counsel at every
trial pursuant to the stipulations set forth in his bail, unless his stage of the proceedings, from arraignment to promulgation
presence is specifically ordered by the court for purposes of of the judgment.
identification. The absence of the accused without justifiable cause 4. To testify as a witness in his own behalf but subject to cross-
at the trial of which he had notice shall be considered a waiver of examination on matters covered by direct examination. His
his right to be present thereat. When an accused under custody silence shall not in any manner prejudice him.
escapes, he shall be deemed to have waived his right to be present 5. To be exempt from being compelled to be a witness against
on all subsequent trial dates until custody over him is regained. himself.
Upon motion, the accused may be allowed to defend himself in 6. To confront and cross-examine the witnesses against him at
person when it sufficiently appears to the court that he can the trial. Either party may utilize as part of its evidence the
properly protect his rights without the assistance of counsel. testimony of a witness who is deceased, out of or can not
with due diligence be found in the Philippines, unavailable, or
(d) To testify as a witness in his own behalf but subject to cross- otherwise unable to testify, given in another case or
examination on matters covered by direct examination. His silence proceeding, judicial or administrative, involving the same
shall not in any manner prejudice him. parties and subject matter, the adverse party having the
opportunity to cross-examine him.
(e) To be exempt from being compelled to be a witness against 7. To have compulsory process issued to secure the attendance
himself. of witnesses and production of other evidence in his behalf.
8. To have speedy, impartial and public trial.
(f) To confront and cross-examine the witnesses against him at the 9. To appeal in all cases allowed and in the manner prescribed
trial. Either party may utilize as part of its evidence the testimony by law.
of a witness who is deceased, out of or can not with due diligence
be found in the Philippines, unavailable, or otherwise unable to DUE PROCESS
testify, given in another case or proceeding, judicial or
administrative, involving the same parties and subject matter, the IS IT NECESSARY TO HAVE TRIAL-TYPE PROCEEDINGS IN ORDER
adverse party having the opportunity to cross-examine him. TO SATISFY THE REQUIREMENT OF DUE PROCESS?
 No, there is no need for trial-type proceedings in order to satisfy
(g) To have compulsory process issued to secure the attendance of due process
witnesses and production of other evidence in his behalf.  The important thing is that there was an opportunity to be heard
 Notice and hearing are the two minimum requirements of due
(h) To have speedy, impartial and public trial. process

(i) To appeal in all cases allowed and in the manner prescribed by IN GENERAL, WHAT ARE THE REQUIREMENTS OF PROCEDURAL DUE
law. PROCESS?
1. The requirements of procedural due process are as follows:
WHAT ARE THE 9 RIGHTS OF AN ACCUSED IN CRIMINAL 1. There must be an IMPARTIAL AND COMPETENT COURT with
PROCEEDINGS? judicial power to hear and determine the matter before it
 The following are the rights accorded the accused: 2. Jurisdiction MUST HAVE BEEN LAWFULLY ACQUIRED over the
1. To be presumed innocent until the contrary is proved beyond person of the defendant or over the property subject of the
reasonable doubt. proceeding
2. To be informed of the nature and cause of the accusation 3. The defendant must be given an OPPORTUNITY TO BE HEARD
against him. 4. Judgment must be RENDERED UPON LAWFUL HEARING

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IN CRIMINAL CASES, WHAT ARE THE REQUIREMENTS OF 1. Unlawful aggression

PROCEDURAL DUE PROCESS? 2. Reasonable means employed to prevent or repel it
1. The accused must be heard by a court of COMPETENT 3. Lack of sufficient provocation on the part of the person defending
JURISDICTION himself
2. He must have been proceeded against under ORDERLY
PROCESSES OF THE LAW WHAT IS A REVERSE TRIAL?
3. He may be punished only after INQUIRY AND INVESTIGATION  Usually in most cases, the prosecution first presents its evidence
4. There must be NOTICE to the accused to establish the guilt of the accused, and the defense follows
5. The accused must be given an OPPORTUNITY TO BE HEARD thereafter
6. Judgment must be rendered WITHIN THE AUTHORITY of  But this is reversed when the accused admits the killing but claims
constitutional law self-defense
 A reverse trial happens
PRESUMPTION OF INNOCENCE  The accused must first establish the elements of self-defense in
order to overturn the presumption that he was guilt of the offense
WHAT IS THE MEANING OF THE RIGHT OF PRESUMPTION OF
INNOCENCE?
 The right means that the presumption must be overcome by WHAT IS THE PURPOSE OF HAVING TO BE INFORMED OF THE
evidence of guilt beyond reasonable doubt NATURE AND CAUSE OF THE ACCUSATION?
1. Guilt beyond reasonable doubt means that there is moral  To know if he is truly the guilty party
certainty as to the guilt of the accused  To know the charge against him
2. Accusation is not synonymous to guilt—conviction should then
be based on the strength of the evidence of the prosecution RIGHT TO BE PRESENT IN TRIAL
and not the weakness of the defense
WHAT ARE THE REQUISITES OF A VALID TRIAL IN ABSENTIA?
WHAT IS THE RATIONALE FOR THE PRESUMPTION OF INNOCENCE? 1. The accused has been already arraigned
 There ought to be a balance between the machineries of the State 2. He has been duly notified of the trial
and the accused 3. He fails to appear at the trial but his non-appearance at the trial is
unjustifiable
WHAT ARE THE EXCEPTIONS TO THE CONSTITUTIONAL
PRESUMPTION OF INNOCENCE? CAN THE RIGHT TO BE PRESENT BE WAIVED?
1. If there is a REASONABLE CONNECTION between the fact  Yes, except in the following situations where the presence of the
presumed and the fact ultimately proven from such fact. For accused at the trial is required
example, an accountable public officer who fails to account for 1. During arraignment
funds or property that should be in his custody is presumed to be 2. During promulgation of judgment, except if it is for a light
guilty of malversation of public funds; or that persons in offense
possession of recently stolen goods are presumed guilty of the 3. When the presence of the accused at the trial is required for
offense in connection with the goods purposes of identification, unless he admits beforehand that
2. In cases of SELF-DEFENSE, the person who invokes the self- he is the same person charged
defense is presumed guilty. The burden of proving the elements
of self-defense is incumbent upon the accused. RIGHT TO COUNSEL

WHAT ARE THE ELEMENTS OF SELF-DEFENSE?

ARTICLE 3, SECTION 12 OF THE CONSTITUTION
(RIGHTS DURING CUSTODIAL INVESTIGATION)

BY: MA. ANGELA LEONOR C. AGUINALDO

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 On the other hand, a custodial investigation has stricter

1. Any person under investigation for the commission of an requirements. A custodial investigation requires the presence of a
offense shall have the right to be informed of his right to remain competent and independent counsel, who is preferably the
silent and to have competent and independent counsel preferably accused’s own choice. Furthermore, the right to counsel could
of his own choice. If the person cannot afford the services of only be waived in writing and in the presence of counsel.
counsel, he must be provided with one. These rights cannot be  A custodial investigation take note is not done in public, hence the
waived except in writing and in the presence of counsel. danger that confessions will be extracted against the will of the
2. No torture, force, violence, threat, intimidation, or any other defendant during the custodial investigation. This danger doesn't
means which vitiate the free will shall be used against him. Secret really exist during trial since the latter is done in public.
detention places, solitary, incommunicado, or other similar forms
WHY IS THE RIGHT TO COUNSEL AFFORDED DURING TRIAL?
of detention are prohibited.
3. Any confession or admission obtained in violation of this or  The right to counsel afforded during trial because this right is
Section 17 hereof shall be inadmissible in evidence against him. embraced in one’s right to be heard
4. The law shall provide for penal and civil sanctions for
WHEN SHOULD THE RIGHT TO COUNSEL BE INVOKED?
violations of this Section as well as compensation to the
rehabilitation of victims of torture or similar practices, and their  The right to counsel can be invoked at any stage of the
families. proceedings, even on appeal
 However, it can also be waived
 The accused is deemed to have waived his right to counsel when
CUSTODIAL ARRAIGNMENT TRIAL he voluntarily submits himself to the jurisdiction of the Court and
INVESTIGATION and proceeds with his defense
WHAT Presence of a Presence of a Presence of an  But in two cases, the Court held that the defendant cannot raise
KIND OF competent and competent counsel effective for the first time on appeal his right to have an attorney. If the
COUNSEL independent counsel counsel question is not raised in the trial court, the prosecution may go to
PURPOSE Protect the accused Informing the Defend the trial. The question will not be considered in the appellate court for
OF from being forced to accused of the accused the first time when the accused fails to raise it in the lower court.
COUNSEL confess consequences of
his plea and the IS IT THE DUTY OF THE COURT TO APPOINT COUNSEL DE OFFICIO
nature and cause of MANDATORY AT ALL TIMES?
the accusation  No, the duty to appoint counsel de officio is mandatory only up to
against him the time of arraignment
CHOICE Counsel of his own Court can appoint a
OF choice counsel for the DOES THE MISTAKE OF COUNSEL BIND THE CLIENT?
ACCUSED accused (counsel  As a rule, the mistake of counsel binds the client
de officio)  Therefore, the client cannot question a decision on the ground
that his counsel was an idiot
IS THERE A DIFFERENCE BETWEEN THE RIGHT TO COUNSEL  However, an exception to this if counsel misrepresents himself as
DURING THE CUSTODIAL INVESTIGATION AND THE RIGHT TO a lawyer, and he turns out to be a fake lawyer. In this case, the
COUNSEL DURING TRIAL? accused is entitled to new trial because his right to be represented
 Yes. During the trial, the right to counsel means the right to by a member of the bar was violated. He was thus denied of his
effective counsel. During trial, the purpose of the counsel is not right to counsel and due process.
so much to protect the accused from being forced to confess, but
rather is to defend the accused. IS THE RIGHT TO COUNSEL ABSOLUTE?

BY: MA. ANGELA LEONOR C. AGUINALDO

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 No since the right of choice must be exercised in a reasonable SUPPOSE THAT THERE IS A HOLE IN A DOOR TO WHICH IF IT IS
manner within reasonable time. FOUND OUT THAT THE HAND OF THE ACCUSED FITS THE HOLE, HE
 The accused cannot insist on counsel that he cannot afford, one IS MOST PROBABLE GUILTY OF THE ACCUSATION. CAN HE INVOKE
who is not a member of the bar, or one who declines for a valid THE RIGHT AGAINST SELF-INCRIMINATION?
reason.  No, what is being asked of him is mechanical in nature. The
 Also the right of the accused to choose counsel is subject to the inserting of his hand into the hole will not involve intelligence on
right of the state to due process and adequate justice. his part to fulfill the task.

WHEN CAN THE ACCUSED DEFEND HIMSELF IN PERSON? IS THERE AN EXCEPTION TO THE RIGHT AGAINST SELF-
 The accused can defend himself in person only if the court is INCRIMINATION?
convinced that he can properly protect his rights even without the  The right cannot be invoked when the State has the rights to
assistance of counsel. inspect documents under its police power, such as documents of
corporations.
RIGHT TO BE A WITNESS ON HIS OWN BEHALF
ON WHAT KIND OF PROCEEDINGS CAN THE RIGHT AGAINST SELF-
WHAT IS THE WEIGHT OF THE TESTIMONY OF THE ACCUSED WHO INCRIMINATION BE INVOKED?
TESTIFIES ON HIS OWN BEHALF BUT REFUSES TO BE CROSS-  The right against self-incrimination can be invoked in all
EXAMINED? proceedings instituted by the government
 The testimony will not be given any weight
 It will not have probative value because the prosecution was not WHAT IS THE RATIONALE FOR PROTECTING THE RIGHT AGAINST
given the chance to test the credibility of the testimony through SELF-INCRIMINATION?
cross-examination 1. FOR HUMANITARIAN REASONS—to prevent the State with all its
coercive powers from extracting testimony that may convict the
RIGHT AGAINST SELF-INCRIMINATION accused
2. FOR PRACTICAL REASONS—the accused is likely to commit
WHAT IS THE SCOPE OF THE RIGHT AGAINST SELF- perjury if he were compelled to testify against himself
INCRIMINATION?
 The right against self-incrimination covers testimonial compulsion SUPPOSE THAT X WAS A WITNESS IN A JUDICIAL PROCEEDING.
only and the compulsion to produce real or physical evidence THE COUNSEL ASKED HIM ABOUT HIS WHEREABOUTS DURING A
using the body of the accused CERTAIN DATE. X WAS ACTUALLY TOGETHER WITH A WOMAN IN A
 Physical or moral compulsion to extort communication MOTEL DURING THAT DATE. REVEALING HIS WHEREABOUTS
WOULD RESULT TO A DOMESTIC TURBULENCE. CAN X RIGHTFULLY
WITH WHAT KIND OF TESTIMONY OR INSTANCES CAN THE RIGHT INVOKE HIS RIGHT AGAINST SELF-INCRIMINATION?
BE INVOKED?  X cannot invoke the right. He can only invoke the right if there is
 It applies to commutative testimony and not mechanical only a possibility of criminal prosecution but not in cases of
testimony possible embarrassment.
 Commutative testimony involves the use of intelligence on the
part of the accused or witness. Corrorarily, on cases on self- WHO MAY INVOKE THE RIGHT AGAINST SELF-INCRIMINATION AND
incrimination, the following are permissible—substance from the WHEN CAN SUCH PERSON INVOKE THE RIGHT?
body, morphine from mouth, put on pants, physical exam, wallet,  An ordinary witness may invoke the right but he may only do so
picture taking, etc. The following on the other hand are not as each incriminating question is asked
permissible—handwriting, signature, and similar incidents which  The accused himself may invoke the right, but unlike the ordinary
involve the use of intelligence. witness, he may altogether refuse to take the witness stand and
refuse to answer any and all questions.

BY: MA. ANGELA LEONOR C. AGUINALDO

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 But once the accused waives his right and chooses to testify on  Before the case is filed in court but after he has been taken into
his own behalf, he may be cross-examined on matters covered in custody or otherwise deprived of his liberty, the accused has the
his direct examination. He cannot refuse to answer questions following rights—
during cross-examination by claiming that the answer that he will 1. The right to be informed of the nature and cause of the
give could incriminate him for the crime he is being charged. accusation against him
 However, if the question during cross-examination relates to a 2. The right to remain silent and to counsel
crime different from that which he was charged, he can still invoke 3. The right not to be subjected to any force, violence, threat,
the right and refuse to answer. intimidation, or any other means which vitiate free will
4. The right have evidence obtained in violation of these rights
CAN AN ACCUSED OR WITNESS INVOKE THE RIGHT AGAINST SELF- rejected
INCRIMINATION IF HE IS ASKED ABOUT PAST CRIMINALITY?  After the case is filed in court, the accused has the following
 It depends rights—
 If he can still be prosecuted for it, questions about the past 1. The right to refuse to be a witness
criminal liability are still covered by the protection against self- 2. The right not to have any prejudice whatsoever result to him
incrimination by such refusal
 But if he cannot anymore be prosecuted for it anymore, he cannot 3. The right to testify in his own behalf subject to cross-
invoke the right examination by the prosecution

SUPPOSE X WAS A WITNESS ASKED ABOUT BEING CHARGED WITH USE IMMUNITY TRANSACTIONAL IMMUNITY
PERJURY TWO YEARS AGO. HE INVOKES HIS RIGHT AGAINST
Prohibits the use of the witness’ Immunity to the witness from
SELF-INCRIMINATION. CAN THIS BE TAKEN AGAINST HIM?
compelled testimony and its fruits in prosecution for an offense to which
 It depends. If in the prior charge of perjury against him, the case
any manner in connection with the his compelled testimony relates
has already been terminated through his acquittal, conviction, or
criminal prosecution of the witness
dismissal of the complaint, he couldn't invoke the right anymore.
But if it is the case that he could still be charged with this past
The witness can still be prosecuted The witness cannot be prosecuted
criminality, then he could invoke said right.
but his compelled testimony may at all
not be used against him
SUPPOSE X WAS A WITNESS ASKED ABOUT BEING A PAID
WITNESS IN THE PAST. X REFUSED TO ANSWER INVOKING THE
RIGHT AGAINST SELF-INCRIMINATION. CAN THIS BE TAKEN WHAT IS THE EFFECT OF THE REFUSAL OF THE ACCUSED TO
AGAINST X? REFUSE TO TESTIFY IN HIS BEHALF?
 Again, it depends. If he could still be charged for rendering false  GENERAL RULE—the silence of the accused should not prejudice
testimony, then he could invoke the right. If he cannot anymore him
be charged for past criminality, then it could not invoke the right.  EXCEPTIONS—the following cases draw an unfavorable inference
from the failure of the accused to testify:
X ACCUSED WAS ASKED TO BE A HOSTILE WITNESS. HE REFUSED o If the prosecution has already established a prima facie
TO DO SO. CAN THIS BE TAKEN AGAINST X? case, the accused must present proof to overturn the
 No, X cannot be prejudiced whatsoever as a result of his refusal to evidence of the prosecution
be a hostile witness. To prejudice X as a result of his refusal o If the defense of the accused is an alibi and he doesn't
would render his right against self-incrimination useless and testify, the inference is that the alibi is not believable
nugatory.
IS DNA TESTING COVERED BY THE RIGHT AGAINST SELF-
WHAT ARE THE RIGHTS OF THE ACCUSED IN THE MATTER OF INCRIMINATION?
TESTIFYING OR PRODUCING EVIDENCE?

BY: MA. ANGELA LEONOR C. AGUINALDO

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 No, obtaining DNA samples from an accused in a criminal case or WHAT IS THE RIGHT TO COMPULSORY PROCESS?
from the respondent in a paternity case will not violate the right  It is the right of the accused to have a subpoena and/or a
against self-incrimination subpoena duces tecum issued in his behalf in order to compel the
 This privilege applies only to evidence that is commutative in attendance of witnesses and the production of evidence
essence taken under duress
WHAT HAPPENS IF A WITNESS REFUSES TO TESTIFY WHEN
RIGHT OF CONFRONTATION REQUIRED?
 The court should order the witness to give bail or even order his
WHAT IS THE MEANING OF THE RIGHT OF CONFRONTATION? arrest, if necessary
 It means that the accused can only be tried using those witnesses  Failure to obey a subpoena amounts to contempt of court
that meet him face to face at the trial who give testimony in his
presence, and who may be subject to cross-examination MAY A WITNESS BE EXCUSED FROM APPEARING AT TRIAL FOR THE
REASON THAT HIS RESIDENCE EXCEEDS 50 KILOMETERS FROM THE
WHAT ARE THE REASONS FOR THE RIGHT? PLACE OF TRIAL?
 The right to confrontation is afforded the accused to allow the  The provision in the Rules of Court providing for this exemption of
court to observe the demeanor of the witness while testifying and excusing a witness from appearance before a Court, judge or
to give the accused the opportunity to cross-examine the witness officer of the province in which he is resides to the place of trial by
in order to test their recollection and credibility the usual course of travel applies only to CIVIL CASES and not to
criminal cases
CAN THE RIGHT OF CONFRONTATION BE WAIVED?
 Yes, it can be waived either expressly or impliedly RIGHT TO SPEEDY, PUBLIC AND IMPARTIAL TRIAL
 It is waived impliedly when an accused waives his right to be
present at trial HOW SHOULD THE TRIAL BE CONDUCTED?
 It is waived also by conducting amounting to a renunciation of the  The trial should be speedy, public and impartial
right to cross-examine
 When the party was given an opportunity to confront and cross- WHAT IS THE MEANING OF THE RIGHT TO SPEEDY TRIAL?
examine an opposing witness but failed to take advantage of it for  The right means that the trial should be conducted according to
reasons attributable to the party alone, he is deemed to have the law of criminal procedure and the rules and regulations and it
waived his right should be free from vexatious, capricious and oppressive delays

WHAT HAPPENS TO THE TESTIMONY OF A WITNESS WHO DIES OR WHEN SHOULD THE ARRAIGNMENT AND PRE-TRIAL BE HELD?
BECOMES UNAVAILABLE?  According to the Speedy Trial Act of 1988, and Circular 38-98, if
 If the other party had the opportunity to cross-examine the the accused pleads not guilty, arraignment and pre-trial should be
witness before he died or became unavailable, the testimony may held within 30 days from the time the court acquires jurisdiction
be used as evidence over the accused
 However, if the other party did not have the opportunity to cross-
examine before the subsequent death or unavailability of the WITHIN HOW MANY DAYS SHOULD THE TRIAL BE COMPLETED?
witness, the testimony will have no probative value.  In no case shall the entire period exceed 180 days from the first
 What suffices to be able to use the testimony of a witness as day of trial, except as otherwise authorized by the Court
evidence is the opportunity to cross-examine and there need not Administrator
be an actual cross-examination
WHAT FACTORS MAY BE CONSIDERED IN DETERMINING WHETHER
RIGHT TO COMPULSORY PROCESS THE ACCUSED HAS BEEN DEPRIVED OF HIS RIGHT TO SPEEDY

BY: MA. ANGELA LEONOR C. AGUINALDO

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TRIAL AND SPEEDY DISPOSITION OF HIS CASE? (ACCORDING TO IS THERE AN EXCEPTION TO THE REQUIREMENT OF PUBLICITY?
CORPUZ V. SANDIGANBAYAN)  Yes, the court may bar the public in certain cases, such as when
1. Length of delay the evidence to be presented may be offensive to decency or
2. Reason for the delay public morals, or in rape cases, where the purpose of some
3. The defendant’s assertion of his right persons in attending is merely to ogle at the parties
4. Prejudice to the defendant
IS IT ALRIGHT TO HOLD THE TRIAL IN THE CHAMBERS OF THE
WHAT ARE THE REMEDIES AVAILABLE TO THE ACCUSED WHOSE JUDGE?
RIGHT TO SPEEDY TRIAL HAS BEEN VIOLATED?  Yes, there is no violation of the right to a public trial since the
1. Motion to dismiss on the ground of violation of right to speedy public isn’t excluded from attending the trial
trial—must be filed before trial. This has the same effect as an
acquittal for purposes of double jeopardy. IN SO-CALLED TRIALS BY PUBLICITY, WHEN CAN THE PUBLICITY
2. File for mandamus to compel a dismissal of the information BE CONSIDERED PREJUDICIAL TO THE ACCUSED?
3. If he is restrained of his liberty, file for habeas corpus  To warrant a finding of prejudicial publicity, there must be
4. Ask for the trial of the case and move to dismiss allegations and proof that the judges have been unduly
influenced, not simply that they might be by the barrage of
WHAT IS THE LIMITATION ON THE RIGHT OF THE ACCUSED TO A publicity
SPEEDY TRIAL?
 The limitation is that the State shouldn't be deprived of its day in RIGHT TO APPEAL, WHEN ALLOWED
court
 The right of the State and the prosecution to due process should IS THE RIGHT TO APPEAL A FUNDAMENTAL RIGHT?
be respected  No, the right to appeal is a statutory right, except in the case of
the minimum appellate jurisdiction of the SC granted by the
THE PROSECUTION AND THE COMPLAINANT FAIL TO ATTEND THE Constitution. Anyone who seeks to exercise the right to appeal
FIRST HEARING. THE COURT POSTPONES THE HEARING TO must comply with the requirements of the rules. Otherwise the
ANOTHER DATE. IS THERE A VIOLATION TO THE RIGHT TO SPEEDY right to appeal is lost.
TRIAL?
 No, the right to speedy trial is violated when there are unjustified CAN THE RIGHT TO APPEAL BE WAIVED?
postponements of the trial and a long period of time is allowed to  Yes it can be waived expressly or impliedly
elapse without the case being tried for no unjustifiable reason
WHAT IS THE EFFECT OF THE FLIGHT OF THE ACCUSED ON HIS
NOTA BENE: Corollary to the right to speedy trial is the right to speedy RIGHT TO APPEAL?
disposition of cases.  When the accused flees after the case has been submitted to the
court for decision, he will be deemed to have waived his right to
WHAT IS THE MEANING OF THE RIGHT TO A PUBLIC TRIAL? appeal from the judgment rendered against him
 It means that anyone interested in observing the manner that a
judge conducts the proceedings in his courtroom may do so ARTICLE 8, SECTION 5 (2)—MINIMUM APPELLATE JURIDICTION
1. All cases in which the constitutionality or validity of any treaty,
WHY SHOULD A TRIAL BE CONDUCTED IN PUBLIC?
international or executive agreement, law, presidential decree,
 The trial should be public in order to prevent abuses that may be proclamation, order, instruction, ordinance, or regulation is in
committed by the court to the prejudice of the defendant question.
 Moreover the accused is entitled to the moral support of his 2. All cases involving the legality of any tax, impost, assessment,
friends and relatives or toll, or any penalty imposed in relation thereto.
3. All cases in which the jurisdiction of any lower court is in issue.

BY: MA. ANGELA LEONOR C. AGUINALDO

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4. All criminal cases in which the penalty imposed is reclusion

perpetua or higher. (g) Unless a shorter period is provided by special law or Supreme
5. All cases in which only an error or question of law is involved. Court circular, the arraignment shall be held within thirty (30) days
from the date the court acquires jurisdiction over the person of the
xxx
accused. The time of the pendency of a motion to quash or for a bill
or particulars or other causes justifying suspension of the
RULE 116 - ARRAIGNMENT AND PLEA arraignment shall be excluded in computing the period.

Section 1. Arraignment and plea; how made. – PURPOSE OF ARRAIGNMENT AND PLEA
(a) The accused must be arraigned before the court where the
1. Double jeopardy to attach
complaint or information was filed or assigned for trial. The 2. Court can proceed trial in absentia in case accused absconds
arraignment shall be made in open court by the judge or clerk by
furnishing the accused with a copy of the complaint or information, WHERE SHOULD THE ACCUSED BE ARRAIGNED?
reading the same in the language or dialect known to him, and  The accused must be arraigned before the court where the
asking him whether he pleads guilty or not guilty. The prosecution complaint was filed or assigned for trial
may call at the trial witnesses other than those named in the
complaint or information. HOW IS ARRAIGNMENT MADE?
Arraignment is made
(b) The accused must be present at the arraignment and must 1. In open court
personally enter his plea. Both arraignment and plea shall be made 2. By the judge or clerk
of record, but failure to do so shall not affect the validity of the 3. By furnishing the accused with a copy of the complaint or
proceedings. information
4. Reading it in the language or dialect known to him
(c) When the accused refuses to plead or makes a conditional plea,
5. Asking him whether he pleads guilty or not guilty
a plea of not guilty shall be entered for him.
WHAT IS THE IMPORTANCE AND SIGNIFICANCE OF THE
(d) When the accused pleads guilty but presents exculpatory REQUIREMENT UNDER SECTION 1(A)?
evidence, his plea shall be deemed withdrawn and a plea of not
 It must be strictly complied with as it is intended to protect the
guilty shall be entered for him. constitutional right of the accused to be informed of the nature
and cause of the accusation against him
(e) When the accused is under preventive detention, his case shall  The constitutional protection is part of due process
be raffled and its records transmitted to the judge to whom the  Failure to observe the rules necessarily nullifies the arraignment
case was raffled within three (3) days from the filing of the
information or complaint. The accused shall be arraigned within ten X IS CHARGED WITH HOMICIDE. HE PLEADS GUILTY BUT
(10) days from the date of the raffle. The pre-trial conference of his
PRESENTS EVIDENCE TO ESTABLISH SELF-DEFENSE. WHAT
case shall be held within ten (10) days after arraignment. SHOULD THE COURT DO?
 The court should withdraw the plea and enter a plea of not guilty
(f) The private offended party shall be required to appear at the
arraignment for purposes of plea bargaining, determination of civil WHEN SHOULD THE ARRAIGNMENT BE HELD?
liability, and other matters requiring his presence. In case of failure  The general rule is that the accused should be arraigned within 30
of the offended party to appear despite due notice, the court may days from the date the court acquires jurisdiction over the person
allow the accused to enter a plea of guilty to a lesser offense which of the accused.
is necessarily included in the offense charged with the conformity
of the trial prosecutor alone.

BY: MA. ANGELA LEONOR C. AGUINALDO

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 The time of pendency of a motion to quash or a bill of particulars identity of the accused, to inform him of the charge, and to him
or other cause justifying suspension of the arraignment shall be an opportunity to plead.
excluded in computing the period.
 However in the following cases, the accused should be arranged DURING THE ARRAIGNMENT, IS THE JUDGE DUTY-BOUND TO
within a shorter period, as required by law: POINT OUT THAT AN INFORMATION IS DUPLICITOUS?
1. Where the complainant is about to depart from the Philippines  No, the judge has no obligation to point out that an information is
with no definite date of return, the accused should be duplicitous or to point out any other defect in an information
arraigned without delay and his trial should commence within during arraignment
3 days from arraignment  The obligation to move to quash a defective information belongs
2. The trial of cases under the Child Abuse Act requires that the to the accused, whose failure to do so constitutes a waiver of the
trial should be commenced within 3 days from arraignment right to object
3. When the accused is under preventive detention, his case
shall be raffled and its records transmitted to the judge to X WAS TRIED FOR MURDER WITHOUT HAVING BEEN ARRAIGNED.
whom the case is raffled within 3 days from the filing of the AT THE TRIAL, X’S COUNSEL PRESENTED WITNESSES AND CROSS-
information or complaint. The accused shall be arraigned EXAMINED THE PROSECUTION WITNESSES. IT WAS ONLY AFTER
within 10 days from the date of raffle. THE CASE WAS SUBMITTED FOR DECISION THAT X WAS
ARRAIGNED. X WAS CONVICTED. CAN X INVOKE THE FAILURE OF
N.B: THE COURT TO ARRAIGN HIM BEFORE TRIAL FOR QUESTIONING
1. Rearraignment needed for substitution THE CONVICTION?
2. Substantial amendment needs rearraignment but formal  No, the failure of the court to arraign X before trial was conducted
amendment doesn’t didn’t prejudice the rights of X since he was able to present
evidence and cross-examine the witnesses of the prosecution
PRESENCE OF OFFENDED PARTY  The error was cured by the subsequent arraignment
1. Plea bargaining
2. Civil liability IS THE ACCUSED PRESUMED TO HAVE BEEN ARRAIGNED IN THE
3. Identification of accused ABSENCE OF PROOF TO THE CONTRARY?
 Yes
WHAT IF PRIVATE OFFENDED PARTY FAILED TO ATTEND DESPITE  In view of the presumption of regularity in the performance of
DUE NOTICE? official duties, it can be presumed that a person accused of a
 The accused may be allowed by the court to plea guilty to a lesser crime was arraigned, in the absence of proof to the contrary
offense which is necessarily included in the offense charged with  However, the presumption of regularity is not applied when the
the conformity of the prosecutor alone penalty imposed is death
 When the life of a person is at stake, the court cannot presume
CAN THE LAWYER OF THE ACCUSED ENTER THE PLEA FOR HIM? that there was an arraignment, it has to be sure that there was
 No, the accused must enter the plea himself one

WHAT IS THE IMPORTANCE OF ARRAIGNMENT? IS THE ACCUSED ENTITLED TO KNOW IN ADVANCE THE NAMES OF
 Arraignment is the means for bringing the accused into court and ALL PROSECUTION WITNESSES?
informing him of the nature and cause of the accusation against  Under the same amended rules on pre-trial, this would be up to
him. the trial judge’s discretion
 During arraignment, he is made fully aware of possible loss of
freedom or of life. He is informed why the prosecuting arm of the X WAS CHARGED WITH HOMICIDE. HE ENTERED A PLEA OF NOT
State is mobilized against him. It is necessary in order to fix the GUILTY. HE WAS LATER ALLOWED TO TESTIFY IN ORDER TO
PROVE THE MITIGATING CIRCUMSTANCE OF INCOMPLETE SELF-

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DEFENSE. AT THE TRIAL, HE PRESENTED EVIDENCE TO PROVE 3. Offended party and prosecutor must consent to such plea
THAT HE ACTED IN COMPLETE SELF DEFENSE. THE COURT 4. If offended party is absent despite due notice, the court
ACQUITTED HIM. LATER, X WAS AGAIN CHARGED WITH PHYSICAL may allow accused to plead to a lesser offense
INJURIES. X INVOKED DOUBLE JEOPARDY. CAN X BE PROSECUTED  After arraignment and before trial
AGAIN FOR PHYSICAL INJURIES? 1. Withdraw the plea of not guilty
 Yes. There was no double jeopardy. In order for double jeopardy 2. Private offended party and prosecutor must give consent
to attach, there must have been a valid plea to the first offense. to the plea to lesser offense
 In this case, the presentation by X of evidence to prove self- 3. If private offended party is absent despite due notice,
defense had the effect of vacating the plea of guilt court may allow accused to plea to lesser offense
 When the plea of guilt was vacated, the court should have ordered 4. Enter plea for the lesser offense
him to plead again, or at least should have directed that a new  When the penalty imposable for the offense is at least 6 years and
plea of not guilty be entered for him 1 day or a fine exceeding P12000, the prosecutor must first
 Because the court didn’t do this, at the time of the acquittal, there submit his recommendation to the City or Provincial or the Chief
was actually no standing plea for X. State Prosecutor for approval. If the recommendation is
 Since there was no valid plea, there can be no double jeopardy approved, the trial prosecutor may then consent to the plea of
guilty to a lesser offense.
CAN A PERSON WHO PLEADED GUILTY STILL BE ACQUITTED?
 Yes, when an accused pleads guilty, it doesn’t necessarily follow Sec. 3. Plea of guilty to capital offense; reception of evidence. –
that he is convicted When the accused pleads guilty to a capital offense, the court shall
 Additional evidence independent of the guilty plea may be conduct a searching inquiry into the voluntariness and full
considered by the judge to ensure that the plea of guilt was comprehension of the consequences of his plea and shall require
intelligently made the prosecution to prove his guilt and the precise degree of
 The totality of evidence should determine whether the accused culpability. The accused may present evidence in his behalf.
should be convicted or acquitted
WHAT SHOULD THE COURT DO WHEN THE ACCUSED PLEADS
WHAT HAPPENS IF THE ACCUSED REFUSES TO ENTER ANY PLEA? GUILTY TO A CAPITAL OFFENSE?
 The court may validly enter a plea of guilty for the accused who  When the accused pleads guilty to a capital offense, the court
refuses to plead should
1. Conduct a searching inquiry into the voluntariness and
Sec. 2. Plea of guilty to a lesser offense. – At arraignment, the full comprehension of the consequences of the plea
accused, with the consent of the offended party and prosecutor, 2. Require the prosecution to present evidence to prove the
may be allowed by the trial court to plead guilty to a lesser offense guilt and the precise degree of culpability of the accused
which is necessarily included in the offense charged. After for the purpose of imposing the proper penalty
arraignment but before trial, the accused may still be allowed to 3. Ask the accused if he desires to present evidence in his
plead guilty to said lesser offense after withdrawing his plea of not behalf and allow him to do so if he desires
guilty. No amendment of the complaint or information is necessary.  Mandatory for the court to conduct the searching inquiry
otherwise, there would be an improvident plea
WHAT SHOULD BE DONE IF THERE IS A PLEA TO A LESSER
OFFENSE? WHAT IS AN IMPROVIDENT PLEA?
WHEN CAN THE ACCUSED PLEAD GUILTY TO A LESSER OFFENSE?  Plea involuntarily made and without consent
 During arraignment  It would be considered if there was failure to conduct searching
1. Offended party and prosecutor must be present inquiry, failure of prosecution to present evidence, no rational
2. Lesser offense must necessarily be included in the basis between testimony and guilt
original offense charged

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DOES A PLEA OF GUILTY MEAN AN ADMISSION EVEN OF THE N.B: there could only be a valid conviction with a valid plea
AGGRAVATING CIRCUMSTANCES?
 Yes Sec. 4. Plea of guilty to non-capital offense; reception of evidence,
 A plea of guilty results in the admission of all the material facts in discretionary. – When the accused pleads guilty to a non-capital
the complaint or information, including the aggravating offense, the court may receive evidence from the parties to
circumstances determine the penalty to be imposed.
 It is tantamount to a judicial confession of guilt
 Because of this, the court should only accept a clear, definite, and WHAT SHOULD THE COURT DO WHEN THE ACCUSED PLEADS
unconditional plea of guilt GUILTY TO A NON-CAPITAL OFFENSE?
 The court may receive evidence from the parties to determine the
WHEN CAN THE PLEA OF GUILTY BE CONSIDERED A MITIGATING penalty to be imposed
CIRCUMSTANCE?  Unlike in a plea of guilty to a capital offense, the reception of
 It is mitigating if made before the prosecution starts to present evidence in this case is not mandatory
evidence  It is merely discretionary on the court

WHAT IS THE MEANING OF THE DUTY OF THE JUDGE TO CONDUCT WHEN CAN THE VALIDITY OF PLEA OF GUILTY BE ATTACKED?
A SEARCHING INQUIRY?  Generally, a plea of guilty cannot be attacked if it is made
 In all cases, the judge must convince himself voluntarily and intelligently
1. That the accused is entering the plea of guilty voluntarily  It can only be attacked if it was induced by threats,
and intelligently misrepresentation, or bribes
2. That he is truly guilty  When the consensual character of the plea is called into question
3. That there exists a rational basis for a finding of guilt or when it is shown that the defendant was not fully apprised of
based on his testimony the consequences, the plea can be challenged
 In addition, the judge must inform the accused of the exact length
of imprisonment and the certainty that he will serve it at the Sec. 5. Withdrawal of improvident plea of guilty.– At any time
national penitentiary or a penal colony. The judge must dispel before the judgment of conviction becomes final, the court may
any false notion that the accused may have that he will get off permit an improvident plea of guilty to be withdrawn and be
lightly because of his plea of guilty substituted by a plea of not guilty.

IS IT MANDATORY FOR THE PROSECUTION TO PRESENT PROOF OF NOTE: The tenor of above provision is clear. There should be a
AGGRAVATING CIRCUMSTANCES? categorical declaration from the accused that he is withdrawing his plea of
 Yes, it is mandatory in order to establish the precise degree of guilty and substituting it with a plea of not guilty.
culpability and the imposable penalty
 Otherwise, there is an improvident plea of guilty CAN AN IMPROVIDENT PLEA OF GUILTY BE WITHDRAWN AS A
MATTER OF RIGHT?
CAN A COURT VALIDLY CONVICT AN ACCUSED BASED ON AN  No, the withdrawal of the plea of guilty is not a matter of strict
IMPROVIDENT PLEA OF GUILTY? right to the accused but is within the discretion of the court.
 Yes  The reason behind this is that trial has already commenced and
 If there is adequate evidence of the guilt of the accused will put all of the past proceedings to waste. Therefore, the plea
independent of the improvident plea of guilty, the court may still may only be withdrawn with permission of the court.
convict the accused  Moreover, there is presumption that the plea was made
 The conviction will be set aside only if the plea of guilt is the sole voluntarily. The court must decide whether the consent of the
basis of the judgment accused was in fact vitiated when he entered his plea.

BY: MA. ANGELA LEONOR C. AGUINALDO

ATENEO LAW 2010
 CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 58 of 120

X IS CHARGED WITH HOMICIDE. HE PLEADS GUILTY, BUT TELLS

THE JUDGE HINDI NIYA SINASADYA. IS HIS PLEA VALID? Sec. 8. Time for counsel de officio to prepare for arraignment. –
 No. In order to be valid, the plea of guilty must be unconditional. Whenever a counsel de office is appointed by the court to defend
 In this case, X said hindi niya sinasadya. This is not a valid plea the accused at the arraignment, he shall be given a reasonable time
of guilty. A plea of not guilty should be entered instead. to consult with the accused as to his plea before proceeding with
the arraignment.
MAY AN ACCUSED BE ALLOWED TO CHANGE HIS PLEA OF NOT
GUILTY EVEN AFTER THE PROSECUTION HAD RESTED ITS CASE? WHAT IS A COUNSEL DE OFFICIO?
 The trial court may allow the accused to plead guilty to a lesser  A counsel de officio is the counsel appointed by the court to
offense represent and defend the accused in case he cannot afford to
employ one himself
Sec. 6. Duty of court to inform accused of his right to counsel. –
Before arraignment, the court shall inform the accused of his right WHO CAN BE APPOINTED COUNSEL DE OFFICIO?
to counsel and ask him if he desires to have one. Unless the  The court, considering the gravity of the offense and the difficulty
accused is allowed to defend himself in person or has employed of the questions that may arise shall appoint as counsel de officio
counsel of his choice, the court must assign a counsel de officio to 1. A member of the bar in good standing
defend him. 2. And such member, by reason of his/her experience and
ability, can competently defend the accused
WHAT IS THE FOUR-FOLD DUTY OF THE COURT?  ONLY DURING TRIAL: But, in localities where such members of
1. It must inform the defendant that he has a right to an attorney the bar are not available, the court may appoint any person who
before being arraigned is—
2. After informing him, the court must ask the defendant if he 1. A resident of the province
desires to have the aid of an attorney 2. And of good repute for probity and with ability to defend
3. If he desires and is unable to employ an attorney, the court must the accused
assign an attorney de officio to defend him
4. If the accused desires to procure an attorney of his own, the court WHAT IS THE DIFFERENCE BETWEEN THE DUTY OF THE COURT TO
must grant him a reasonable time to procure one APPOINT COUNSEL DE OFFICIO DURING ARRAIGNMENT AND
DURING TRIAL?
WHAT IS THE REASON FOR THE FOUR-FOLD DUTY?  During arraignment, the court has the affirmative duty to inform
 The right to be heard would be of little avail if it doesn’t include the accused of his right to counsel and to provide him with one in
the right to be heard by counsel case he cannot afford it
 The court must act on its own volition unless the right is waived
WHAT IS THE EFFECT OF THE FAILURE OF THE COURT TO COMPLY by the accused
WITH THESE DUTIES?  On the other hand, during trial, it is the accused who must assert
 It is a violation of due process his right to counsel. The court will not act unless the accused
invokes his rights.
Sec. 7. Appointment of counsel de officio. – The court, considering
the gravity of the offense and the difficulty of the questions that CAN A NON-LAWYER REPRESENT THE ACCUSED DURING
may arise, shall appoint as counsel de officio such members of the ARRAIGNMENT?
bar in good standing who, by reason of their experience and ability,  No, during the arraignment, it is the obligation of the court to
can competently defend the accused. But in localities where such ensure that the accused is represented by a lawyer because it is
members of the bar are not available, the court may appoint any the first time when the accused is informed of the nature and
person, resident of the province and of good repute for probity and cause of the accusation against him.
ability, to defend the accused.  This is a task which only a lawyer can do.

BY: MA. ANGELA LEONOR C. AGUINALDO

ATENEO LAW 2010
 CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 59 of 120

 But during trial, there is no such duty. The accused must ask for  It should specify the alleged defects of the complaint or
a lawyer, or else, the right is deemed waived. He can even information and the details desired
defend himself personally.
Sec. 10. Production or inspection of material evidence in
MAY AN ACCUSED BE VALIDLY REPRESENTED BY A NON-LAWYER possession of prosecution. – Upon motion of the accused showing
AT THE TRIAL? good cause and with notice to the parties, the court, in order to
 If the accused knowingly engaged the service of the non-lawyer, prevent surprise, suppression, or alteration, may order the
he is bound by the non-lawyer’s actions prosecution to produce and permit the inspection and copying or
 But if he didn’t know that he was represented by a non-laywer, photographing of any written statement given by the complainant
the judgment is void because of the misrepresentation and other witnesses in any investigation of the offense conducted
by the prosecution or other investigating officers, as well as any
N.B: In MTCs, one can defend himself or by a non-lawyer. designated documents, papers, books, accounts, letters,
photographs, object, or tangible things not otherwise privileged,
WHAT ARE THE CONSEQUENCES IF REPRESENTED BY A NON- which constitute or contain evidence material to any matter
LAWYER? involved in the case and which are in the possession or under the
1. He is bound by the rules control of the prosecution, police, or other law investigating
2. He cannot raise right to counsel agencies.

SUPPOSE X DEFENDS HIMSELF. IS THIS CONSIDERED A PRACTICE WHAT IS THE RIGHT TO MODES OF DISCOVERY?
OF LAW UNDER THE DOCTRINE IN CAYETANO V. MONSOD?  It is the right of the accused to move for the production or
 No, this is an exercise of a constitutional right. inspection of material evidence in the possession of the
prosecution
Sec. 9. Bill of particulars. – The accused may, before arraignment,  It authorizes the defense to inspect, copy, or photograph any
move for a bill of particulars to enable him properly to plead and evidence of the prosecution in its possession after obtaining
prepare for trial. The motion shall specify the alleged defects of the permission of the court
complaint or information and the details desired.
WHAT IS THE PURPOSE OF THIS RIGHT?
WHAT IS A BILL OF PARTICULARS?  The purpose is to prevent surprise to the accused and the
 It is a more specific allegation suppression or alteration of evidence
 A defendant in a criminal case who believes that he is not
sufficiently informed of the crime with which he is charged and is IS THIS RIGHT AVAILABLE DURING PRELIMINARY
not in a position to defend himself properly and adequately could INVESTIGATION?
move for a bill of particulars or specifications  Yes
 When indispensable to protect his constitutional right to life,
WHAT IS THE PURPOSE OF A BILL OF PARTICULARS? liberty and property
 It is to allow the accused to prepare for his defense
Sec. 11. Suspension of arraignment. – Upon motion by the proper
WHEN CAN AN ACCUSED MOVE FOR A BILL OF PARTICULARS? party, the arraignment shall be suspended in the following cases:
 The accused must move for a bill of particulars before arraignment
 Otherwise, the right is deemed waived (a) The accused appears to be suffering from an unsound mental
condition which effectively renders him unable to fully understand
WHAT SHOULD BE CONTAINED IN THE MOTION FOR A BILL OF the charge against him and to plead intelligently thereto. In such
PARTICULARS? case, the court shall order his mental examination and, if
necessary, his confinement for such purpose;

BY: MA. ANGELA LEONOR C. AGUINALDO

ATENEO LAW 2010
 CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 60 of 120

 Yes. There is no inconsistency that exists between an application

(b) There exists a prejudicial question; and of an accused for bail and his filing of a motion to quash.

(c) A petition for review of the resolution of the prosecutor is Sec. 2. Form and contents. – The motion to quash shall be in
pending at either the Department of Justice, or the Office of the writing, signed by the accused or his counsel and shall distinctly
President; provided, that the period of suspension shall not exceed specify its factual and legal grounds. The court shall consider no
sixty (60) days counted from the filing of the petition with the ground other than those stated in the motion, except lack of
reviewing office. jurisdiction over the offense charged.

WHAT ARE THE GROUNDS FOR SUSPENDING ARRAIGNMENT? WHAT IS THE FORM REQUIRED FOR A MOTION TO QUASH?
1. The accused appears to be suffering from an unsound mental 1. It must be in writing
condition which effectively renders him unable to fully understand 2. It must be signed by the accused or his counsel
the charge against him and to plead intelligently thereto. In such 3. It must specify its factual and legal grounds
case, the court shall order his mental examination and, if
necessary, his confinement for such purpose; Sec. 3. Grounds. – The accused may move to quash the complaint
2. There exists a prejudicial question; and or information on any of the following grounds:
3. A petition for review of the resolution of the prosecutor is pending
at either the Department of Justice, or the Office of the President; (a) That the facts charged do not constitute an offense;
provided, that the period of suspension shall not exceed sixty (60)
days counted from the filing of the petition with the reviewing (b) That the court trying the case has no jurisdiction over the
office. offense charged;

WHAT IS THE TEST TO DETERMINE WHETHER THE INSANITY OF (c) That the court trying the case has no jurisdiction over the
THE ACCUSED SHOULD WARRANT THE SUSPENSION OF person of the accused;
PROCEEDINGS?
 The test is whether the accused will have a fair trial with the (d) That the officer who filed the information had no authority to
assistance of counsel, in spite of his insanity do so;
 Not every aberration of the mind or exhibition of mental deficiency
is sufficient to justify suspension (e) That it does not conform substantially to the prescribed form;

RULE 117 - MOTION TO QUASH (f) That more than one offense is charged except when a single
punishment for various offenses is prescribed by law;
Section 1. Time to move to quash. – At any time before entering his
plea, the accused may move to quash the complaint or information. (g) That the criminal action or liability has been extinguished;

WHEN CAN THE ACCUSED FILE A MOTION TO QUASH? (h) That it contains averments which, if true, would constitute a
 At any time before entering the plea, the accused may move to legal excuse or justification; and
quash the complaint or information
(i) That the accused has been previously convicted or acquitted of
AN INFORMATION WAS FILED AGAINST X. X FILED A MOTION TO the offense charged, or the case against him was dismissed or
QUASH AS THE FACTS IN THE INFORMATION DIDN’T CONSTITUTE otherwise terminated without his express consent.
AN OFFENSE. THIS WAS FILED TOGETHER WITH AN APPLICATION
FOR BAIL. IS THIS VALID? WHAT ARE THE GROUNDS THAT THE ACCUSED MAY INVOKE TO
QUASH A COMPLAINT OR INFORMATION?

BY: MA. ANGELA LEONOR C. AGUINALDO

ATENEO LAW 2010
administrative, involving the same parties and subject matter, the IS IT NECESSARY TO HAVE TRIAL-TYPE PROCEEDINGS IN ORDER
adverse party having the opportunity to cross-examine him. TO SATISFY THE REQUIREMENT OF DUE PROCESS?
 No, there is no need for trial-type proceedings in order to satisfy
(g) To have compulsory process issued to secure the attendance of due process
witnesses and production of other evidence in his behalf.  The important thing is that there was an opportunity to be heard
 Notice and hearing are the two minimum requirements of due
(h) To have speedy, impartial and public trial. process

(i) To appeal in all cases allowed and in the manner prescribed by IN GENERAL, WHAT ARE THE REQUIREMENTS OF PROCEDURAL DUE
law. PROCESS?
1. The requirements of procedural due process are as follows:
WHAT ARE THE 9 RIGHTS OF AN ACCUSED IN CRIMINAL 1. There must be an IMPARTIAL AND COMPETENT COURT with
PROCEEDINGS? judicial power to hear and determine the matter before it
 The following are the rights accorded the accused: 2. Jurisdiction MUST HAVE BEEN LAWFULLY ACQUIRED over the
1. To be presumed innocent until the contrary is proved beyond person of the defendant or over the property subject of the
reasonable doubt. proceeding
2. To be informed of the nature and cause of the accusation 3. The defendant must be given an OPPORTUNITY TO BE HEARD
against him. 4. Judgment must be RENDERED UPON LAWFUL HEARING

BY: MA. ANGELA LEONOR C. AGUINALDO

ATENEO LAW 2D 2010

CRIMINAL PROCEDURE NOTES

Page 48 of 120

IN CRIMINAL CASES, WHAT ARE THE REQUIREMENTS OF 1. Unlawful aggression

PROCEDURAL DUE PROCESS? 2. Reasonable means employed to prevent or repel it
1. The accused must be heard by a court of COMPETENT 3. Lack of sufficient provocation on the part of the person defending
JURISDICTION himself
2. He must have been proceeded against under ORDERLY
 PROCESSES OF THE LAW WHAT IS A REVERSE TRIAL?
3. He may be punished only after INQUIRY AND INVESTIGATION  Usually in most cases, the prosecution first presents its evidence
4. There must be NOTICE to the accused to establish the guilt of the accused, and the defense follows
5. The accused must be given an OPPORTUNITY TO BE HEARD thereafter
6. Judgment must be rendered WITHIN THE AUTHORITY of  But this is reversed when the accused admits the killing but claims
constitutional law self-defense
 A reverse trial happens
PRESUMPTION OF INNOCENCE  The accused must first establish the elements of self-defense in
order to overturn the presumption that he was guilt of the offense
WHAT IS THE MEANING OF THE RIGHT OF PRESUMPTION OF
INNOCENCE?
 The right means that the presumption must be overcome by WHAT IS THE PURPOSE OF HAVING TO BE INFORMED OF THE
evidence of guilt beyond reasonable doubt NATURE AND CAUSE OF THE ACCUSATION?
1. Guilt beyond reasonable doubt means that there is moral  To know if he is truly the guilty party
certainty as to the guilt of the accused  To know the charge against him
2. Accusation is not synonymous to guilt—conviction should then
be based on the strength of the evidence of the prosecution RIGHT TO BE PRESENT IN TRIAL
and not the weakness of the defense
WHAT ARE THE REQUISITES OF A VALID TRIAL IN ABSENTIA?
WHAT IS THE RATIONALE FOR THE PRESUMPTION OF INNOCENCE? 1. The accused has been already arraigned
 There ought to be a balance between the machineries of the State 2. He has been duly notified of the trial
and the accused 3. He fails to appear at the trial but his non-appearance at the trial is
unjustifiable
WHAT ARE THE EXCEPTIONS TO THE CONSTITUTIONAL
PRESUMPTION OF INNOCENCE? CAN THE RIGHT TO BE PRESENT BE WAIVED?
1. If there is a REASONABLE CONNECTION between the fact  Yes, except in the following situations where the presence of the
presumed and the fact ultimately proven from such fact. For accused at the trial is required
example, an accountable public officer who fails to account for 1. During arraignment
funds or property that should be in his custody is presumed to be 2. During promulgation of judgment, except if it is for a light
guilty of malversation of public funds; or that persons in offense
possession of recently stolen goods are presumed guilty of the 3. When the presence of the accused at the trial is required for
offense in connection with the goods purposes of identification, unless he admits beforehand that
2. In cases of SELF-DEFENSE, the person who invokes the self- he is the same person charged
defense is presumed guilty. The burden of proving the elements
of self-defense is incumbent upon the accused. RIGHT TO COUNSEL

WHAT ARE THE ELEMENTS OF SELF-DEFENSE?

ARTICLE 3, SECTION 12 OF THE CONSTITUTION
(RIGHTS DURING CUSTODIAL INVESTIGATION)

BY: MA. ANGELA LEONOR C. AGUINALDO

ATENEO LAW 2D 2010
 CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 49 of 120

 On the other hand, a custodial investigation has stricter

1. Any person under investigation for the commission of an requirements. A custodial investigation requires the presence of a
offense shall have the right to be informed of his right to remain competent and independent counsel, who is preferably the
silent and to have competent and independent counsel preferably accused’s own choice. Furthermore, the right to counsel could
of his own choice. If the person cannot afford the services of only be waived in writing and in the presence of counsel.
counsel, he must be provided with one. These rights cannot be  A custodial investigation take note is not done in public, hence the
waived except in writing and in the presence of counsel. danger that confessions will be extracted against the will of the
2. No torture, force, violence, threat, intimidation, or any other defendant during the custodial investigation. This danger doesn't
means which vitiate the free will shall be used against him. Secret really exist during trial since the latter is done in public.
detention places, solitary, incommunicado, or other similar forms
WHY IS THE RIGHT TO COUNSEL AFFORDED DURING TRIAL?
of detention are prohibited.
3. Any confession or admission obtained in violation of this or  The right to counsel afforded during trial because this right is
Section 17 hereof shall be inadmissible in evidence against him. embraced in one’s right to be heard
4. The law shall provide for penal and civil sanctions for
WHEN SHOULD THE RIGHT TO COUNSEL BE INVOKED?
violations of this Section as well as compensation to the
rehabilitation of victims of torture or similar practices, and their  The right to counsel can be invoked at any stage of the
families. proceedings, even on appeal
 However, it can also be waived
 The accused is deemed to have waived his right to counsel when
CUSTODIAL ARRAIGNMENT TRIAL he voluntarily submits himself to the jurisdiction of the Court and
INVESTIGATION and proceeds with his defense
WHAT Presence of a Presence of a Presence of an  But in two cases, the Court held that the defendant cannot raise
KIND OF competent and competent counsel effective for the first time on appeal his right to have an attorney. If the
COUNSEL independent counsel counsel question is not raised in the trial court, the prosecution may go to
PURPOSE Protect the accused Informing the Defend the trial. The question will not be considered in the appellate court for
OF from being forced to accused of the accused the first time when the accused fails to raise it in the lower court.
COUNSEL confess consequences of
his plea and the IS IT THE DUTY OF THE COURT TO APPOINT COUNSEL DE OFFICIO
nature and cause of MANDATORY AT ALL TIMES?
the accusation  No, the duty to appoint counsel de officio is mandatory only up to
against him the time of arraignment
CHOICE Counsel of his own Court can appoint a
OF choice counsel for the DOES THE MISTAKE OF COUNSEL BIND THE CLIENT?
ACCUSED accused (counsel  As a rule, the mistake of counsel binds the client
de officio)  Therefore, the client cannot question a decision on the ground
that his counsel was an idiot
IS THERE A DIFFERENCE BETWEEN THE RIGHT TO COUNSEL  However, an exception to this if counsel misrepresents himself as
DURING THE CUSTODIAL INVESTIGATION AND THE RIGHT TO a lawyer, and he turns out to be a fake lawyer. In this case, the
COUNSEL DURING TRIAL? accused is entitled to new trial because his right to be represented
 Yes. During the trial, the right to counsel means the right to by a member of the bar was violated. He was thus denied of his
effective counsel. During trial, the purpose of the counsel is not right to counsel and due process.
so much to protect the accused from being forced to confess, but
rather is to defend the accused. IS THE RIGHT TO COUNSEL ABSOLUTE?

BY: MA. ANGELA LEONOR C. AGUINALDO

ATENEO LAW 2010
 CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 50 of 120

 No since the right of choice must be exercised in a reasonable SUPPOSE THAT THERE IS A HOLE IN A DOOR TO WHICH IF IT IS
manner within reasonable time. FOUND OUT THAT THE HAND OF THE ACCUSED FITS THE HOLE, HE
 The accused cannot insist on counsel that he cannot afford, one IS MOST PROBABLE GUILTY OF THE ACCUSATION. CAN HE INVOKE
who is not a member of the bar, or one who declines for a valid THE RIGHT AGAINST SELF-INCRIMINATION?
reason.  No, what is being asked of him is mechanical in nature. The
 Also the right of the accused to choose counsel is subject to the inserting of his hand into the hole will not involve intelligence on
right of the state to due process and adequate justice. his part to fulfill the task.

WHEN CAN THE ACCUSED DEFEND HIMSELF IN PERSON? IS THERE AN EXCEPTION TO THE RIGHT AGAINST SELF-
 The accused can defend himself in person only if the court is INCRIMINATION?
convinced that he can properly protect his rights even without the  The right cannot be invoked when the State has the rights to
assistance of counsel. inspect documents under its police power, such as documents of
corporations.
RIGHT TO BE A WITNESS ON HIS OWN BEHALF
ON WHAT KIND OF PROCEEDINGS CAN THE RIGHT AGAINST SELF-
WHAT IS THE WEIGHT OF THE TESTIMONY OF THE ACCUSED WHO INCRIMINATION BE INVOKED?
TESTIFIES ON HIS OWN BEHALF BUT REFUSES TO BE CROSS-  The right against self-incrimination can be invoked in all
EXAMINED? proceedings instituted by the government
 The testimony will not be given any weight
 It will not have probative value because the prosecution was not WHAT IS THE RATIONALE FOR PROTECTING THE RIGHT AGAINST
given the chance to test the credibility of the testimony through SELF-INCRIMINATION?
cross-examination 1. FOR HUMANITARIAN REASONS—to prevent the State with all its
coercive powers from extracting testimony that may convict the
RIGHT AGAINST SELF-INCRIMINATION accused
2. FOR PRACTICAL REASONS—the accused is likely to commit
WHAT IS THE SCOPE OF THE RIGHT AGAINST SELF- perjury if he were compelled to testify against himself
INCRIMINATION?
 The right against self-incrimination covers testimonial compulsion SUPPOSE THAT X WAS A WITNESS IN A JUDICIAL PROCEEDING.
only and the compulsion to produce real or physical evidence THE COUNSEL ASKED HIM ABOUT HIS WHEREABOUTS DURING A
using the body of the accused CERTAIN DATE. X WAS ACTUALLY TOGETHER WITH A WOMAN IN A
 Physical or moral compulsion to extort communication MOTEL DURING THAT DATE. REVEALING HIS WHEREABOUTS
 WOULD RESULT TO A DOMESTIC TURBULENCE. CAN X RIGHTFULLY
WITH WHAT KIND OF TESTIMONY OR INSTANCES CAN THE RIGHT INVOKE HIS RIGHT AGAINST SELF-INCRIMINATION?
BE INVOKED?  X cannot invoke the right. He can only invoke the right if there is
 It applies to commutative testimony and not mechanical only a possibility of criminal prosecution but not in cases of
testimony possible embarrassment.
 Commutative testimony involves the use of intelligence on the
part of the accused or witness. Corrorarily, on cases on self- WHO MAY INVOKE THE RIGHT AGAINST SELF-INCRIMINATION AND
incrimination, the following are permissible—substance from the WHEN CAN SUCH PERSON INVOKE THE RIGHT?
body, morphine from mouth, put on pants, physical exam, wallet,  An ordinary witness may invoke the right but he may only do so
picture taking, etc. The following on the other hand are not as each incriminating question is asked
permissible—handwriting, signature, and similar incidents which  The accused himself may invoke the right, but unlike the ordinary
involve the use of intelligence. witness, he may altogether refuse to take the witness stand and
refuse to answer any and all questions.

BY: MA. ANGELA LEONOR C. AGUINALDO

ATENEO LAW 2010

CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)

Page 51 of 120

 But once the accused waives his right and chooses to testify on  Before the case is filed in court but after he has been taken into
his own behalf, he may be cross-examined on matters covered in custody or otherwise deprived of his liberty, the accused has the
his direct examination. He cannot refuse to answer questions following rights—
during cross-examination by claiming that the answer that he will 1. The right to be informed of the nature and cause of the
give could incriminate him for the crime he is being charged. accusation against him
 However, if the question during cross-examination relates to a 2. The right to remain silent and to counsel
crime different from that which he was charged, he can still invoke 3. The right not to be subjected to any force, violence, threat,
the right and refuse to answer. intimidation, or any other means which vitiate free will
4. The right have evidence obtained in violation of these rights
CAN AN ACCUSED OR WITNESS INVOKE THE RIGHT AGAINST SELF- rejected
INCRIMINATION IF HE IS ASKED ABOUT PAST CRIMINALITY?  After the case is filed in court, the accused has the following
 It depends rights—
 If he can still be prosecuted for it, questions about the past 1. The right to refuse to be a witness
 criminal liability are still covered by the protection against self- 2. The right not to have any prejudice whatsoever result to him
incrimination by such refusal
 But if he cannot anymore be prosecuted for it anymore, he cannot 3. The right to testify in his own behalf subject to cross-
invoke the right examination by the prosecution

SUPPOSE X WAS A WITNESS ASKED ABOUT BEING CHARGED WITH USE IMMUNITY TRANSACTIONAL IMMUNITY
PERJURY TWO YEARS AGO. HE INVOKES HIS RIGHT AGAINST
Prohibits the use of the witness’ Immunity to the witness from
SELF-INCRIMINATION. CAN THIS BE TAKEN AGAINST HIM?
compelled testimony and its fruits in prosecution for an offense to which
 It depends. If in the prior charge of perjury against him, the case
any manner in connection with the his compelled testimony relates
has already been terminated through his acquittal, conviction, or
criminal prosecution of the witness
dismissal of the complaint, he couldn't invoke the right anymore.
But if it is the case that he could still be charged with this past
The witness can still be prosecuted The witness cannot be prosecuted
criminality, then he could invoke said right.
but his compelled testimony may at all
not be used against him
SUPPOSE X WAS A WITNESS ASKED ABOUT BEING A PAID
WITNESS IN THE PAST. X REFUSED TO ANSWER INVOKING THE
RIGHT AGAINST SELF-INCRIMINATION. CAN THIS BE TAKEN WHAT IS THE EFFECT OF THE REFUSAL OF THE ACCUSED TO
AGAINST X? REFUSE TO TESTIFY IN HIS BEHALF?
 Again, it depends. If he could still be charged for rendering false  GENERAL RULE—the silence of the accused should not prejudice
testimony, then he could invoke the right. If he cannot anymore him
be charged for past criminality, then it could not invoke the right.  EXCEPTIONS—the following cases draw an unfavorable inference
from the failure of the accused to testify:
X ACCUSED WAS ASKED TO BE A HOSTILE WITNESS. HE REFUSED o If the prosecution has already established a prima facie
TO DO SO. CAN THIS BE TAKEN AGAINST X? case, the accused must present proof to overturn the
 No, X cannot be prejudiced whatsoever as a result of his refusal to evidence of the prosecution
be a hostile witness. To prejudice X as a result of his refusal o If the defense of the accused is an alibi and he doesn't
would render his right against self-incrimination useless and testify, the inference is that the alibi is not believable
nugatory.
IS DNA TESTING COVERED BY THE RIGHT AGAINST SELF-
WHAT ARE THE RIGHTS OF THE ACCUSED IN THE MATTER OF INCRIMINATION?
TESTIFYING OR PRODUCING EVIDENCE?

BY: MA. ANGELA LEONOR C. AGUINALDO

ATENEO LAW 2010
 CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 52 of 120

 No, obtaining DNA samples from an accused in a criminal case or WHAT IS THE RIGHT TO COMPULSORY PROCESS?
from the respondent in a paternity case will not violate the right  It is the right of the accused to have a subpoena and/or a
against self-incrimination subpoena duces tecum issued in his behalf in order to compel the
 This privilege applies only to evidence that is commutative in attendance of witnesses and the production of evidence
essence taken under duress
WHAT HAPPENS IF A WITNESS REFUSES TO TESTIFY WHEN
RIGHT OF CONFRONTATION REQUIRED?
 The court should order the witness to give bail or even order his
WHAT IS THE MEANING OF THE RIGHT OF CONFRONTATION? arrest, if necessary
 It means that the accused can only be tried using those witnesses  Failure to obey a subpoena amounts to contempt of court
that meet him face to face at the trial who give testimony in his
presence, and who may be subject to cross-examination MAY A WITNESS BE EXCUSED FROM APPEARING AT TRIAL FOR THE
REASON THAT HIS RESIDENCE EXCEEDS 50 KILOMETERS FROM THE
WHAT ARE THE REASONS FOR THE RIGHT? PLACE OF TRIAL?
 The right to confrontation is afforded the accused to allow the  The provision in the Rules of Court providing for this exemption of
court to observe the demeanor of the witness while testifying and excusing a witness from appearance before a Court, judge or
to give the accused the opportunity to cross-examine the witness officer of the province in which he is resides to the place of trial by
in order to test their recollection and credibility the usual course of travel applies only to CIVIL CASES and not to
criminal cases
CAN THE RIGHT OF CONFRONTATION BE WAIVED?
 Yes, it can be waived either expressly or impliedly RIGHT TO SPEEDY, PUBLIC AND IMPARTIAL TRIAL
 It is waived impliedly when an accused waives his right to be
present at trial HOW SHOULD THE TRIAL BE CONDUCTED?
 It is waived also by conducting amounting to a renunciation of the  The trial should be speedy, public and impartial
right to cross-examine
 When the party was given an opportunity to confront and cross- WHAT IS THE MEANING OF THE RIGHT TO SPEEDY TRIAL?
examine an opposing witness but failed to take advantage of it for  The right means that the trial should be conducted according to
reasons attributable to the party alone, he is deemed to have the law of criminal procedure and the rules and regulations and it
waived his right should be free from vexatious, capricious and oppressive delays

WHAT HAPPENS TO THE TESTIMONY OF A WITNESS WHO DIES OR WHEN SHOULD THE ARRAIGNMENT AND PRE-TRIAL BE HELD?
BECOMES UNAVAILABLE?  According to the Speedy Trial Act of 1988, and Circular 38-98, if
 If the other party had the opportunity to cross-examine the the accused pleads not guilty, arraignment and pre-trial should be
witness before he died or became unavailable, the testimony may held within 30 days from the time the court acquires jurisdiction
be used as evidence over the accused
 However, if the other party did not have the opportunity to cross-
examine before the subsequent death or unavailability of the WITHIN HOW MANY DAYS SHOULD THE TRIAL BE COMPLETED?
witness, the testimony will have no probative value.  In no case shall the entire period exceed 180 days from the first
 What suffices to be able to use the testimony of a witness as day of trial, except as otherwise authorized by the Court
evidence is the opportunity to cross-examine and there need not Administrator
be an actual cross-examination
WHAT FACTORS MAY BE CONSIDERED IN DETERMINING WHETHER
RIGHT TO COMPULSORY PROCESS THE ACCUSED HAS BEEN DEPRIVED OF HIS RIGHT TO SPEEDY

BY: MA. ANGELA LEONOR C. AGUINALDO

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 CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
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TRIAL AND SPEEDY DISPOSITION OF HIS CASE? (ACCORDING TO IS THERE AN EXCEPTION TO THE REQUIREMENT OF PUBLICITY?
CORPUZ V. SANDIGANBAYAN)  Yes, the court may bar the public in certain cases, such as when
1. Length of delay the evidence to be presented may be offensive to decency or
2. Reason for the delay public morals, or in rape cases, where the purpose of some
3. The defendant’s assertion of his right persons in attending is merely to ogle at the parties
4. Prejudice to the defendant
IS IT ALRIGHT TO HOLD THE TRIAL IN THE CHAMBERS OF THE
WHAT ARE THE REMEDIES AVAILABLE TO THE ACCUSED WHOSE JUDGE?
RIGHT TO SPEEDY TRIAL HAS BEEN VIOLATED?  Yes, there is no violation of the right to a public trial since the
1. Motion to dismiss on the ground of violation of right to speedy public isn’t excluded from attending the trial
trial—must be filed before trial. This has the same effect as an
acquittal for purposes of double jeopardy. IN SO-CALLED TRIALS BY PUBLICITY, WHEN CAN THE PUBLICITY
2. File for mandamus to compel a dismissal of the information BE CONSIDERED PREJUDICIAL TO THE ACCUSED?
3. If he is restrained of his liberty, file for habeas corpus  To warrant a finding of prejudicial publicity, there must be
4. Ask for the trial of the case and move to dismiss allegations and proof that the judges have been unduly
influenced, not simply that they might be by the barrage of
WHAT IS THE LIMITATION ON THE RIGHT OF THE ACCUSED TO A publicity
SPEEDY TRIAL?
 The limitation is that the State shouldn't be deprived of its day in RIGHT TO APPEAL, WHEN ALLOWED
court
 The right of the State and the prosecution to due process should IS THE RIGHT TO APPEAL A FUNDAMENTAL RIGHT?
be respected  No, the right to appeal is a statutory right, except in the case of
the minimum appellate jurisdiction of the SC granted by the
THE PROSECUTION AND THE COMPLAINANT FAIL TO ATTEND THE Constitution. Anyone who seeks to exercise the right to appeal
FIRST HEARING. THE COURT POSTPONES THE HEARING TO must comply with the requirements of the rules. Otherwise the
ANOTHER DATE. IS THERE A VIOLATION TO THE RIGHT TO SPEEDY right to appeal is lost.
TRIAL?
 No, the right to speedy trial is violated when there are unjustified CAN THE RIGHT TO APPEAL BE WAIVED?
postponements of the trial and a long period of time is allowed to  Yes it can be waived expressly or impliedly
elapse without the case being tried for no unjustifiable reason
WHAT IS THE EFFECT OF THE FLIGHT OF THE ACCUSED ON HIS
NOTA BENE: Corollary to the right to speedy trial is the right to speedy RIGHT TO APPEAL?
disposition of cases.  When the accused flees after the case has been submitted to the
court for decision, he will be deemed to have waived his right to
WHAT IS THE MEANING OF THE RIGHT TO A PUBLIC TRIAL? appeal from the judgment rendered against him
 It means that anyone interested in observing the manner that a
judge conducts the proceedings in his courtroom may do so ARTICLE 8, SECTION 5 (2)—MINIMUM APPELLATE JURIDICTION
1. All cases in which the constitutionality or validity of any treaty,
WHY SHOULD A TRIAL BE CONDUCTED IN PUBLIC?
international or executive agreement, law, presidential decree,
  The trial should be public in order to prevent abuses that may be proclamation, order, instruction, ordinance, or regulation is in
committed by the court to the prejudice of the defendant question.
 Moreover the accused is entitled to the moral support of his 2. All cases involving the legality of any tax, impost, assessment,
friends and relatives or toll, or any penalty imposed in relation thereto.
3. All cases in which the jurisdiction of any lower court is in issue.

BY: MA. ANGELA LEONOR C. AGUINALDO

ATENEO LAW 2010

CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)

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4. All criminal cases in which the penalty imposed is reclusion

perpetua or higher. (g) Unless a shorter period is provided by special law or Supreme
5. All cases in which only an error or question of law is involved. Court circular, the arraignment shall be held within thirty (30) days
from the date the court acquires jurisdiction over the person of the
xxx
accused. The time of the pendency of a motion to quash or for a bill
or particulars or other causes justifying suspension of the
RULE 116 - ARRAIGNMENT AND PLEA arraignment shall be excluded in computing the period.

Section 1. Arraignment and plea; how made. – PURPOSE OF ARRAIGNMENT AND PLEA
(a) The accused must be arraigned before the court where the
1. Double jeopardy to attach
complaint or information was filed or assigned for trial. The 2. Court can proceed trial in absentia in case accused absconds
arraignment shall be made in open court by the judge or clerk by
furnishing the accused with a copy of the complaint or information, WHERE SHOULD THE ACCUSED BE ARRAIGNED?
reading the same in the language or dialect known to him, and  The accused must be arraigned before the court where the
asking him whether he pleads guilty or not guilty. The prosecution complaint was filed or assigned for trial
may call at the trial witnesses other than those named in the
complaint or information. HOW IS ARRAIGNMENT MADE?
Arraignment is made
(b) The accused must be present at the arraignment and must 1. In open court
personally enter his plea. Both arraignment and plea shall be made 2. By the judge or clerk
of record, but failure to do so shall not affect the validity of the 3. By furnishing the accused with a copy of the complaint or
proceedings. information
4. Reading it in the language or dialect known to him
(c) When the accused refuses to plead or makes a conditional plea,
5. Asking him whether he pleads guilty or not guilty
a plea of not guilty shall be entered for him.
WHAT IS THE IMPORTANCE AND SIGNIFICANCE OF THE
(d) When the accused pleads guilty but presents exculpatory REQUIREMENT UNDER SECTION 1(A)?
evidence, his plea shall be deemed withdrawn and a plea of not
 It must be strictly complied with as it is intended to protect the
guilty shall be entered for him. constitutional right of the accused to be informed of the nature
and cause of the accusation against him
(e) When the accused is under preventive detention, his case shall  The constitutional protection is part of due process
be raffled and its records transmitted to the judge to whom the  Failure to observe the rules necessarily nullifies the arraignment
case was raffled within three (3) days from the filing of the
information or complaint. The accused shall be arraigned within ten X IS CHARGED WITH HOMICIDE. HE PLEADS GUILTY BUT
(10) days from the date of the raffle. The pre-trial conference of his
PRESENTS EVIDENCE TO ESTABLISH SELF-DEFENSE. WHAT
case shall be held within ten (10) days after arraignment. SHOULD THE COURT DO?
 The court should withdraw the plea and enter a plea of not guilty
(f) The private offended party shall be required to appear at the
arraignment for purposes of plea bargaining, determination of civil WHEN SHOULD THE ARRAIGNMENT BE HELD?
liability, and other matters requiring his presence. In case of failure  The general rule is that the accused should be arraigned within 30
of the offended party to appear despite due notice, the court may days from the date the court acquires jurisdiction over the person
allow the accused to enter a plea of guilty to a lesser offense which of the accused.
is necessarily included in the offense charged with the conformity
of the trial prosecutor alone.

BY: MA. ANGELA LEONOR C. AGUINALDO

ATENEO LAW 2010

CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)

Page 55 of 120

 The time of pendency of a motion to quash or a bill of particulars identity of the accused, to inform him of the charge, and to him
or other cause justifying suspension of the arraignment shall be an opportunity to plead.
 excluded in computing the period.
 However in the following cases, the accused should be arranged DURING THE ARRAIGNMENT, IS THE JUDGE DUTY-BOUND TO
within a shorter period, as required by law: POINT OUT THAT AN INFORMATION IS DUPLICITOUS?
1. Where the complainant is about to depart from the Philippines  No, the judge has no obligation to point out that an information is
with no definite date of return, the accused should be duplicitous or to point out any other defect in an information
arraigned without delay and his trial should commence within during arraignment
3 days from arraignment  The obligation to move to quash a defective information belongs
2. The trial of cases under the Child Abuse Act requires that the to the accused, whose failure to do so constitutes a waiver of the
trial should be commenced within 3 days from arraignment right to object
3. When the accused is under preventive detention, his case
shall be raffled and its records transmitted to the judge to X WAS TRIED FOR MURDER WITHOUT HAVING BEEN ARRAIGNED.
whom the case is raffled within 3 days from the filing of the AT THE TRIAL, X’S COUNSEL PRESENTED WITNESSES AND CROSS-
information or complaint. The accused shall be arraigned EXAMINED THE PROSECUTION WITNESSES. IT WAS ONLY AFTER
within 10 days from the date of raffle. THE CASE WAS SUBMITTED FOR DECISION THAT X WAS
ARRAIGNED. X WAS CONVICTED. CAN X INVOKE THE FAILURE OF
N.B: THE COURT TO ARRAIGN HIM BEFORE TRIAL FOR QUESTIONING
1. Rearraignment needed for substitution THE CONVICTION?
2. Substantial amendment needs rearraignment but formal  No, the failure of the court to arraign X before trial was conducted
amendment doesn’t didn’t prejudice the rights of X since he was able to present
evidence and cross-examine the witnesses of the prosecution
PRESENCE OF OFFENDED PARTY  The error was cured by the subsequent arraignment
1. Plea bargaining
2. Civil liability IS THE ACCUSED PRESUMED TO HAVE BEEN ARRAIGNED IN THE
3. Identification of accused ABSENCE OF PROOF TO THE CONTRARY?
 Yes
WHAT IF PRIVATE OFFENDED PARTY FAILED TO ATTEND DESPITE  In view of the presumption of regularity in the performance of
DUE NOTICE? official duties, it can be presumed that a person accused of a
 The accused may be allowed by the court to plea guilty to a lesser crime was arraigned, in the absence of proof to the contrary
offense which is necessarily included in the offense charged with  However, the presumption of regularity is not applied when the
the conformity of the prosecutor alone penalty imposed is death
 When the life of a person is at stake, the court cannot presume
CAN THE LAWYER OF THE ACCUSED ENTER THE PLEA FOR HIM? that there was an arraignment, it has to be sure that there was
 No, the accused must enter the plea himself one

WHAT IS THE IMPORTANCE OF ARRAIGNMENT? IS THE ACCUSED ENTITLED TO KNOW IN ADVANCE THE NAMES OF
 Arraignment is the means for bringing the accused into court and ALL PROSECUTION WITNESSES?
informing him of the nature and cause of the accusation against  Under the same amended rules on pre-trial, this would be up to
him. the trial judge’s discretion
 During arraignment, he is made fully aware of possible loss of
freedom or of life. He is informed why the prosecuting arm of the X WAS CHARGED WITH HOMICIDE. HE ENTERED A PLEA OF NOT
State is mobilized against him. It is necessary in order to fix the GUILTY. HE WAS LATER ALLOWED TO TESTIFY IN ORDER TO
PROVE THE MITIGATING CIRCUMSTANCE OF INCOMPLETE SELF-

BY: MA. ANGELA LEONOR C. AGUINALDO

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 CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
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DEFENSE. AT THE TRIAL, HE PRESENTED EVIDENCE TO PROVE 3. Offended party and prosecutor must consent to such plea
THAT HE ACTED IN COMPLETE SELF DEFENSE. THE COURT 4. If offended party is absent despite due notice, the court
ACQUITTED HIM. LATER, X WAS AGAIN CHARGED WITH PHYSICAL may allow accused to plead to a lesser offense
INJURIES. X INVOKED DOUBLE JEOPARDY. CAN X BE PROSECUTED  After arraignment and before trial
AGAIN FOR PHYSICAL INJURIES? 1. Withdraw the plea of not guilty
 Yes. There was no double jeopardy. In order for double jeopardy 2. Private offended party and prosecutor must give consent
to attach, there must have been a valid plea to the first offense. to the plea to lesser offense
 In this case, the presentation by X of evidence to prove self- 3. If private offended party is absent despite due notice,
defense had the effect of vacating the plea of guilt court may allow accused to plea to lesser offense
 When the plea of guilt was vacated, the court should have ordered 4. Enter plea for the lesser offense
him to plead again, or at least should have directed that a new  When the penalty imposable for the offense is at least 6 years and
plea of not guilty be entered for him 1 day or a fine exceeding P12000, the prosecutor must first
 Because the court didn’t do this, at the time of the acquittal, there submit his recommendation to the City or Provincial or the Chief
was actually no standing plea for X. State Prosecutor for approval. If the recommendation is
 Since there was no valid plea, there can be no double jeopardy approved, the trial prosecutor may then consent to the plea of
guilty to a lesser offense.
CAN A PERSON WHO PLEADED GUILTY STILL BE ACQUITTED?
 Yes, when an accused pleads guilty, it doesn’t necessarily follow Sec. 3. Plea of guilty to capital offense; reception of evidence. –
that he is convicted When the accused pleads guilty to a capital offense, the court shall
 Additional evidence independent of the guilty plea may be conduct a searching inquiry into the voluntariness and full
considered by the judge to ensure that the plea of guilt was comprehension of the consequences of his plea and shall require
intelligently made the prosecution to prove his guilt and the precise degree of
 The totality of evidence should determine whether the accused culpability. The accused may present evidence in his behalf.
should be convicted or acquitted
WHAT SHOULD THE COURT DO WHEN THE ACCUSED PLEADS
WHAT HAPPENS IF THE ACCUSED REFUSES TO ENTER ANY PLEA? GUILTY TO A CAPITAL OFFENSE?
 The court may validly enter a plea of guilty for the accused who  When the accused pleads guilty to a capital offense, the court
refuses to plead should
1. Conduct a searching inquiry into the voluntariness and
Sec. 2. Plea of guilty to a lesser offense. – At arraignment, the full comprehension of the consequences of the plea
accused, with the consent of the offended party and prosecutor, 2. Require the prosecution to present evidence to prove the
may be allowed by the trial court to plead guilty to a lesser offense guilt and the precise degree of culpability of the accused
which is necessarily included in the offense charged. After for the purpose of imposing the proper penalty
arraignment but before trial, the accused may still be allowed to 3. Ask the accused if he desires to present evidence in his
plead guilty to said lesser offense after withdrawing his plea of not behalf and allow him to do so if he desires
guilty. No amendment of the complaint or information is necessary.  Mandatory for the court to conduct the searching inquiry
otherwise, there would be an improvident plea
WHAT SHOULD BE DONE IF THERE IS A PLEA TO A LESSER
OFFENSE? WHAT IS AN IMPROVIDENT PLEA?
WHEN CAN THE ACCUSED PLEAD GUILTY TO A LESSER OFFENSE?  Plea involuntarily made and without consent
 During arraignment  It would be considered if there was failure to conduct searching
1. Offended party and prosecutor must be present inquiry, failure of prosecution to present evidence, no rational
2. Lesser offense must necessarily be included in the basis between testimony and guilt
original offense charged
BY: MA. ANGELA LEONOR C. AGUINALDO
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DOES A PLEA OF GUILTY MEAN AN ADMISSION EVEN OF THE N.B: there could only be a valid conviction with a valid plea
AGGRAVATING CIRCUMSTANCES?
 Yes Sec. 4. Plea of guilty to non-capital offense; reception of evidence,
 A plea of guilty results in the admission of all the material facts in discretionary. – When the accused pleads guilty to a non-capital
the complaint or information, including the aggravating offense, the court may receive evidence from the parties to
circumstances determine the penalty to be imposed.
 It is tantamount to a judicial confession of guilt
 Because of this, the court should only accept a clear, definite, and WHAT SHOULD THE COURT DO WHEN THE ACCUSED PLEADS
unconditional plea of guilt GUILTY TO A NON-CAPITAL OFFENSE?
 The court may receive evidence from the parties to determine the
WHEN CAN THE PLEA OF GUILTY BE CONSIDERED A MITIGATING penalty to be imposed
CIRCUMSTANCE?  Unlike in a plea of guilty to a capital offense, the reception of
 It is mitigating if made before the prosecution starts to present evidence in this case is not mandatory
evidence  It is merely discretionary on the court

WHAT IS THE MEANING OF THE DUTY OF THE JUDGE TO CONDUCT WHEN CAN THE VALIDITY OF PLEA OF GUILTY BE ATTACKED?
A SEARCHING INQUIRY?  Generally, a plea of guilty cannot be attacked if it is made
 In all cases, the judge must convince himself voluntarily and intelligently
1. That the accused is entering the plea of guilty voluntarily  It can only be attacked if it was induced by threats,
and intelligently misrepresentation, or bribes
2. That he is truly guilty  When the consensual character of the plea is called into question
3. That there exists a rational basis for a finding of guilt or when it is shown that the defendant was not fully apprised of
based on his testimony the consequences, the plea can be challenged
 In addition, the judge must inform the accused of the exact length
of imprisonment and the certainty that he will serve it at the Sec. 5. Withdrawal of improvident plea of guilty.– At any time
national penitentiary or a penal colony. The judge must dispel before the judgment of conviction becomes final, the court may
any false notion that the accused may have that he will get off permit an improvident plea of guilty to be withdrawn and be
lightly because of his plea of guilty substituted by a plea of not guilty.
IS IT MANDATORY FOR THE PROSECUTION TO PRESENT PROOF OF NOTE: The tenor of above provision is clear. There should be a
AGGRAVATING CIRCUMSTANCES? categorical declaration from the accused that he is withdrawing his plea of
 Yes, it is mandatory in order to establish the precise degree of guilty and substituting it with a plea of not guilty.
culpability and the imposable penalty
 Otherwise, there is an improvident plea of guilty CAN AN IMPROVIDENT PLEA OF GUILTY BE WITHDRAWN AS A
MATTER OF RIGHT?
CAN A COURT VALIDLY CONVICT AN ACCUSED BASED ON AN  No, the withdrawal of the plea of guilty is not a matter of strict
IMPROVIDENT PLEA OF GUILTY? right to the accused but is within the discretion of the court.
 Yes  The reason behind this is that trial has already commenced and
 If there is adequate evidence of the guilt of the accused will put all of the past proceedings to waste. Therefore, the plea
independent of the improvident plea of guilty, the court may still may only be withdrawn with permission of the court.
convict the accused  Moreover, there is presumption that the plea was made
 The conviction will be set aside only if the plea of guilt is the sole voluntarily. The court must decide whether the consent of the
basis of the judgment accused was in fact vitiated when he entered his plea.

BY: MA. ANGELA LEONOR C. AGUINALDO

ATENEO LAW 2010

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X IS CHARGED WITH HOMICIDE. HE PLEADS GUILTY, BUT TELLS

THE JUDGE HINDI NIYA SINASADYA. IS HIS PLEA VALID? Sec. 8. Time for counsel de officio to prepare for arraignment. –
 No. In order to be valid, the plea of guilty must be unconditional. Whenever a counsel de office is appointed by the court to defend
 In this case, X said hindi niya sinasadya. This is not a valid plea the accused at the arraignment, he shall be given a reasonable time
of guilty. A plea of not guilty should be entered instead. to consult with the accused as to his plea before proceeding with
the arraignment.
MAY AN ACCUSED BE ALLOWED TO CHANGE HIS PLEA OF NOT
GUILTY EVEN AFTER THE PROSECUTION HAD RESTED ITS CASE? WHAT IS A COUNSEL DE OFFICIO?
 The trial court may allow the accused to plead guilty to a lesser  A counsel de officio is the counsel appointed by the court to
offense represent and defend the accused in case he cannot afford to
 employ one himself
Sec. 6. Duty of court to inform accused of his right to counsel. –
Before arraignment, the court shall inform the accused of his right WHO CAN BE APPOINTED COUNSEL DE OFFICIO?
to counsel and ask him if he desires to have one. Unless the  The court, considering the gravity of the offense and the difficulty
accused is allowed to defend himself in person or has employed of the questions that may arise shall appoint as counsel de officio
counsel of his choice, the court must assign a counsel de officio to 1. A member of the bar in good standing
defend him. 2. And such member, by reason of his/her experience and
ability, can competently defend the accused
WHAT IS THE FOUR-FOLD DUTY OF THE COURT?  ONLY DURING TRIAL: But, in localities where such members of
1. It must inform the defendant that he has a right to an attorney the bar are not available, the court may appoint any person who
before being arraigned is—
2. After informing him, the court must ask the defendant if he 1. A resident of the province
desires to have the aid of an attorney 2. And of good repute for probity and with ability to defend
3. If he desires and is unable to employ an attorney, the court must the accused
assign an attorney de officio to defend him
4. If the accused desires to procure an attorney of his own, the court WHAT IS THE DIFFERENCE BETWEEN THE DUTY OF THE COURT TO
must grant him a reasonable time to procure one APPOINT COUNSEL DE OFFICIO DURING ARRAIGNMENT AND
DURING TRIAL?
WHAT IS THE REASON FOR THE FOUR-FOLD DUTY?  During arraignment, the court has the affirmative duty to inform
 The right to be heard would be of little avail if it doesn’t include the accused of his right to counsel and to provide him with one in
the right to be heard by counsel case he cannot afford it
 The court must act on its own volition unless the right is waived
WHAT IS THE EFFECT OF THE FAILURE OF THE COURT TO COMPLY by the accused
WITH THESE DUTIES?  On the other hand, during trial, it is the accused who must assert
 It is a violation of due process his right to counsel. The court will not act unless the accused
invokes his rights.
Sec. 7. Appointment of counsel de officio. – The court, considering
the gravity of the offense and the difficulty of the questions that CAN A NON-LAWYER REPRESENT THE ACCUSED DURING
may arise, shall appoint as counsel de officio such members of the ARRAIGNMENT?
bar in good standing who, by reason of their experience and ability,  No, during the arraignment, it is the obligation of the court to
can competently defend the accused. But in localities where such ensure that the accused is represented by a lawyer because it is
members of the bar are not available, the court may appoint any the first time when the accused is informed of the nature and
person, resident of the province and of good repute for probity and cause of the accusation against him.
ability, to defend the accused.  This is a task which only a lawyer can do.

BY: MA. ANGELA LEONOR C. AGUINALDO

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 But during trial, there is no such duty. The accused must ask for  It should specify the alleged defects of the complaint or
a lawyer, or else, the right is deemed waived. He can even information and the details desired
defend himself personally.
Sec. 10. Production or inspection of material evidence in
MAY AN ACCUSED BE VALIDLY REPRESENTED BY A NON-LAWYER possession of prosecution. – Upon motion of the accused showing
AT THE TRIAL? good cause and with notice to the parties, the court, in order to
 If the accused knowingly engaged the service of the non-lawyer, prevent surprise, suppression, or alteration, may order the
he is bound by the non-lawyer’s actions prosecution to produce and permit the inspection and copying or
 But if he didn’t know that he was represented by a non-laywer, photographing of any written statement given by the complainant
the judgment is void because of the misrepresentation and other witnesses in any investigation of the offense conducted
by the prosecution or other investigating officers, as well as any
N.B: In MTCs, one can defend himself or by a non-lawyer. designated documents, papers, books, accounts, letters,
photographs, object, or tangible things not otherwise privileged,
WHAT ARE THE CONSEQUENCES IF REPRESENTED BY A NON- which constitute or contain evidence material to any matter
LAWYER? involved in the case and which are in the possession or under the
1. He is bound by the rules control of the prosecution, police, or other law investigating
2. He cannot raise right to counsel agencies.

SUPPOSE X DEFENDS HIMSELF. IS THIS CONSIDERED A PRACTICE WHAT IS THE RIGHT TO MODES OF DISCOVERY?
OF LAW UNDER THE DOCTRINE IN CAYETANO V. MONSOD?  It is the right of the accused to move for the production or
 No, this is an exercise of a constitutional right. inspection of material evidence in the possession of the
prosecution
Sec. 9. Bill of particulars. – The accused may, before arraignment,  It authorizes the defense to inspect, copy, or photograph any
move for a bill of particulars to enable him properly to plead and evidence of the prosecution in its possession after obtaining
prepare for trial. The motion shall specify the alleged defects of the permission of the court
complaint or information and the details desired.
WHAT IS THE PURPOSE OF THIS RIGHT?
WHAT IS A BILL OF PARTICULARS?  The purpose is to prevent surprise to the accused and the
 It is a more specific allegation suppression or alteration of evidence
 A defendant in a criminal case who believes that he is not
sufficiently informed of the crime with which he is charged and is IS THIS RIGHT AVAILABLE DURING PRELIMINARY
not in a position to defend himself properly and adequately could INVESTIGATION?
move for a bill of particulars or specifications  Yes
 When indispensable to protect his constitutional right to life,
WHAT IS THE PURPOSE OF A BILL OF PARTICULARS? liberty and property
 It is to allow the accused to prepare for his defense
Sec. 11. Suspension of arraignment. – Upon motion by the proper
WHEN CAN AN ACCUSED MOVE FOR A BILL OF PARTICULARS? party, the arraignment shall be suspended in the following cases:
 The accused must move for a bill of particulars before arraignment
 Otherwise, the right is deemed waived (a) The accused appears to be suffering from an unsound mental
condition which effectively renders him unable to fully understand
WHAT SHOULD BE CONTAINED IN THE MOTION FOR A BILL OF the charge against him and to plead intelligently thereto. In such
PARTICULARS? case, the court shall order his mental examination and, if
necessary, his confinement for such purpose;

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 Yes. There is no inconsistency that exists between an application

(b) There exists a prejudicial question; and of an accused for bail and his filing of a motion to quash.

(c) A petition for review of the resolution of the prosecutor is Sec. 2. Form and contents. – The motion to quash shall be in
pending at either the Department of Justice, or the Office of the writing, signed by the accused or his counsel and shall distinctly
President; provided, that the period of suspension shall not exceed specify its factual and legal grounds. The court shall consider no
sixty (60) days counted from the filing of the petition with the ground other than those stated in the motion, except lack of
reviewing office. jurisdiction over the offense charged.

WHAT ARE THE GROUNDS FOR SUSPENDING ARRAIGNMENT? WHAT IS THE FORM REQUIRED FOR A MOTION TO QUASH?
1. The accused appears to be suffering from an unsound mental 1. It must be in writing
condition which effectively renders him unable to fully understand 2. It must be signed by the accused or his counsel
the charge against him and to plead intelligently thereto. In such 3. It must specify its factual and legal grounds
case, the court shall order his mental examination and, if
necessary, his confinement for such purpose; Sec. 3. Grounds. – The accused may move to quash the complaint
2. There exists a prejudicial question; and or information on any of the following grounds:
3. A petition for review of the resolution of the prosecutor is pending
at either the Department of Justice, or the Office of the President; (a) That the facts charged do not constitute an offense;
provided, that the period of suspension shall not exceed sixty (60)
days counted from the filing of the petition with the reviewing (b) That the court trying the case has no jurisdiction over the
office. offense charged;

WHAT IS THE TEST TO DETERMINE WHETHER THE INSANITY OF (c) That the court trying the case has no jurisdiction over the
THE ACCUSED SHOULD WARRANT THE SUSPENSION OF person of the accused;
PROCEEDINGS?
 The test is whether the accused will have a fair trial with the (d) That the officer who filed the information had no authority to
assistance of counsel, in spite of his insanity do so;
 Not every aberration of the mind or exhibition of mental deficiency
is sufficient to justify suspension (e) That it does not conform substantially to the prescribed form;

RULE 117 - MOTION TO QUASH (f) That more than one offense is charged except when a single
punishment for various offenses is prescribed by law;
Section 1. Time to move to quash. – At any time before entering his
plea, the accused may move to quash the complaint or information. (g) That the criminal action or liability has been extinguished;

WHEN CAN THE ACCUSED FILE A MOTION TO QUASH? (h) That it contains averments which, if true, would constitute a
  At any time before entering the plea, the accused may move to legal excuse or justification; and
quash the complaint or information
(i) That the accused has been previously convicted or acquitted of
AN INFORMATION WAS FILED AGAINST X. X FILED A MOTION TO the offense charged, or the case against him was dismissed or
QUASH AS THE FACTS IN THE INFORMATION DIDN’T CONSTITUTE otherwise terminated without his express consent.
AN OFFENSE. THIS WAS FILED TOGETHER WITH AN APPLICATION
FOR BAIL. IS THIS VALID? WHAT ARE THE GROUNDS THAT THE ACCUSED MAY INVOKE TO
QUASH A COMPLAINT OR INFORMATION?

BY: MA. ANGELA LEONOR C. AGUINALDO

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1. That the facts charged don’t constitute an offense matters of defenses, which are not in the information should not
2. That the court trying the case doesn’t have jurisdiction over the be considered
offense  The exceptions to the rule are when the grounds invoked to quash
3. That the court trying the case doesn’t have jurisdiction over the the information are extinction of criminal liability, prescription,
accused and former jeopardy. In these cases, additional facts are allowed.
4. That the officer who filed the information didn’t have authority to
do so CAN THE ACCUSED MOVE TO QUASH ON THE GROUND THAT HE IS
5. That it doesn’t conform substantially to the form subscribed DENIED DUE PROCESS?
6. That more than one offense is charged except when a single  No, denial of due process is not one of the grounds for a motion to
punishment for various offenses is prescribed by law quash
7. That criminal liability or action has been extinguished
8. That it contains averments which, if true, would constitute a legal WHAT IS THE TEST TO DETERMINE THE VALIDITY OF A MOTION TO
excuse or justification QUASH ON THE GROUND THAT THE FACTS AVERRED IN THE
9. That the accused has been previously convicted or acquitted of INFORMATION DON’T AMOUNT TO AN OFFENSE?
the offense charged, or the case against him has been dismissed  The test is whether the facts alleged would establish the essential
or otherwise terminated without the consent of the accused elements of the crime as defined by law, and in this examination,
matters aliunde are not considered
CAN THE COURT DISMISS THE CASE BASED ON GROUNDS THAT ARE
NOT ALLEGED IN THE MOTION TO QUASH? X FILED A MOTION TO QUASH ON THE FOLLOWING GROUNDS:
 The general rule is no, the court cannot consider any ground other THAT THE COURT LACKED JURISDICTION OVER THE PERSON OF
than those stated in the motion to quash. THE ACCUSED AND THAT THE COMPLAINT CHARGED MORE THAN
 The exception is the lack of jurisdiction over the offense charged. ONE OFFENSE. CAN THE COURT GRANT THE MOTION ON THE
If this is the ground for dismissing the case, it need not be alleged GROUND OF LACK OF JURISDICTION?
in the motion to quash since it goes into the very competence of  In the past, the answer would have been no since the SC ruled in
the court to pass upon the case. several cases then that the motion to quash on the ground of lack
of jurisdiction over the person of the accused must be based only
X FILED A MOTION TO QUASH AN INFORMATION ON THE GROUND on this ground. If other grounds are included, there is waiver,
THAT HE WAS IN THE US WHEN THE CRIME CHARGED WAS and the accused is deemed to have submitted himself to the
COMMITTED. SHOULD THE MOTION BE GRANTED? jurisdiction of the court.
 The motion should be denied  The new rule, based on the decisions of the SC on Section 20 of
 The accused is already making a defense Rule 14 of the 1997 Rules of Civil Procedure, the inclusion of other
 Matters of defense are generally not a ground for a motion to grounds aside from lack of jurisdiction over the person of the
quash they should be presented at the trial defendant in a motion to dismiss shall not be considered as a
voluntary appearance.
WHAT IS MEANT BY THE STATEMENT THAT A MOTION TO QUASH
HYPOTHETICALLY ADMITS ALLEGATIONS OF FACT IN THE WHAT IS THE EFFECT OF AN INFORMATION THAT WAS SIGNED BY
INFORMATION? AN UNAUTHORIZED PERSON?
 It means that the accused argues that assuming that the facts  A valid information must be signed by a competent officer, which,
charged are true, the information should still be dismissed based among other requisites, confers jurisdiction over the person of the
on the ground invoked by the defendant. accused and the subject matter of the accusation
 Therefore, since the defendant assumes that the facts in the  Thus, an infirmity in the information such as the lack of authority
information are true, only these facts should be taken into account of the officer signing it cannot be cured by silence, acquiescence,
and the court resolves the motion to quash. Other facts, such as express consent, or even amendment.

BY: MA. ANGELA LEONOR C. AGUINALDO

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  It is an invalid information and cannot be the basis of criminal  Neither does the death of the offended party in private crimes
proceedings. abate the prosecution.
 A motion to quash would prosper
WHAT ARE THE MEANS BY WHICH CRIMINAL LIABILITY IS
WHAT HAPPENS IF THE DEFENDANT ENTERS HIS PLEA BEFORE PARTIALLY EXTINGUISHED?
FILING A MOTION TO QUASH?  Criminal liability is partially extinguished by any of the following
 By entering his plea before filing the motion to quash, the o Conditional pardon
defendant waives the formal objectives to the complaint or o Commutation of sentence
information o For good conduct, allowances which the culprit may earn
 But if the ground for the motion is any of the following below, while he is serving his sentence
there is no waiver. The following grounds may be raised at any
stage of the proceeding: WHAT ARE THE DISTINCTIONS BETWEEN PARDON AND AMNESTY?
1. Failure to charge an offense AMNESTY PARDON
2. Lack of jurisdiction over the offense As to type of offense Public crimes Infractions of the
3. Extinction of criminal liability peace or private crimes
4. Double jeopardy Grantee Classes of persons An individual
 Note: if it is a formal objection, it is deemed waived upon plea As to the need of Necessary Not necessary
Congress’ concurrence
HOW IS CRIMINAL LIABILITY EXTINGUISHED? Act of grantee The grantee need not Distinct acts of
 Under Article 89 of the RPC, criminal liability is extinguished by accept acceptance by the
1. The death of the convict grantee is needed
2. Service of sentence As to judicial notice Courts take judicial Courts don’t take
3. Amnesty notice because it is a judicial notice because
4. Absolute pardon public act it is a private act of the
5. Prescription of the crime president. Therefore,
6. Prescription of the penalty the fact of being
7. Marriage by the offended woman as provided in Article granted pardon must
344 of the RPC be proved in court.
As to effect Abolishes the offense Relieves the offender
X AND Y WERE CHARGED WITH ADULTERY. WHILE THE CASE IS from the consequences
BEING TRIED, X DIED. WHAT HAPPENS TO THE CRIMINAL of the offense
LIABILITY OF Y? When it may be Before or after Only after conviction
 The criminal liability of X is extinguished.
granted conviction by final judgment
 The criminal liability of Y subsists
 The death of one of several accused will not be a cause for
WHAT IS THE EFFECT OF PARDON BY THE OFFENDED PARTY UPON
dismissal of the criminal action as against the other accused
CRIMINAL LIABILITY?
 As a general rule, pardon by the offended party doesn’t extinguish
WHAT IS THE EFFECT OF THE DEATH OF THE OFFENDED PARTY ON
criminal liability
THE CRIMINAL LIABILITY OF THE ACCUSED?
 Only civil liability is extinguished by express waiver of the
 Where the offense charged in a criminal complaint or information
offended party—THERE IS NO EXTINCTION OF CRIMINAL
is one against the state, involving peace and order, the death of
LIABILITY SINCE IN CRIMES, THERE ARE TWO OFFENDED
the offended party before final conviction of the defendant will not
PARTIES
abate the prosecution.

BY: MA. ANGELA LEONOR C. AGUINALDO

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 However, pardon granted before the institution of the criminal

proceedings in cases of adultery, concubinage, seduction, Oral defamation or slander by deed 1 year
abduction, and acts of lasciviousness shall extinguish criminal
liability Light offenses 6 months

WHY IS THERE NO EXTINCTION OF CRIMINAL LIABILITY?

 Remember that in a criminal case, there are two offended parties. FOR CRIMINAL OFFENSES, WHEN DOES THE PERIOD FOR
The pardon given by the offended party would relate only to the PRESCRIPTION COMMENCE?
civil liability and not the criminal aspect.  The period of prescription with respect to criminal offenses or run
from the day on which the crime is discovered by the offended
WHAT IS THE EFFECT OF MARRIAGE OF THE OFFENDED WITH THE parties, the authorities, or their agents
OFFENDED PARTY IN PRIVATE CRIMES?
 It shall extinguish the criminal action or remit the penalty already CAN THE ACCUSED STILL RAISE PRESCRIPTION AS A DEFENSE
imposed—this implies to co-principals, accomplices, and EVEN AFTER CONVICTION?
accessories  The accused can still raise prescription as a defense even after
 However, where multiple rape is committed, marriage of the conviction
offended party with one defendant extinguishes the latter’s  The defense cannot be waived
liability and that of his accessories or accomplices for a single  This is because the criminal action is totally extinguished by the
crime of rape cannot extend to the other acts of rape expiration of the prescriptive period
 The state thereby loses or waives the right to prosecute and
IF THE OFFENDED IN RAPE IS THE LEGAL HUSBAND OF THE punish it
OFFENDED PARTY, HOW CAN THE HUSBAND’S CRIMINAL LIABLITY
BE EXTINGUISHED? WHAT IS THE PROPER ACTION OF THE COURT WHEN THE ACCUSED
 The subsequent forgiveness by the wife shall extinguish the RAISES THE DEFENSE OF PRESCRIPTION?
criminal action or the penalty  The proper action for the court is to exercise its jurisdiction and to
 But the penalty shall not be abated if the marriage is void ab initio decide the case upon the merits, holding the action to have
prescribed and absolving the defendant
WHY IS PRESCRIPTION A GROUND FOR A MOTION TO QUASH?  The court should not inhibit itself because it doesn’t lose
 This is meant to exhort the prosecution not to delay; otherwise, jurisdiction over the subject matter or the person of the accused
they will lose the right to prosecute by prescription
 It is also meant to secure the best evidence that can be obtained
WHAT IS THE EFFECT OF PRESCRIPTION OF THE OFFENSE ON THE
WHAT ARE THE PRESCRIPTIVE PERIODS OF CRIMES? CIVIL LIABILITY OF ACCUSED?
OFFENSE PRESCRIPTIVE PERIOD  The extinction of the criminal action doesn’t carry with it the
Those punishable by death, 20 years extinction of the civil action to enforce civil liability arising from
reclusion perpetua, reclusion the offense charged, unless the extinction proceeds from a
temporal declaration in a final judgment that the fact from which the civil
liability might arise didn’t exist
Those punishable by other afflictive 10 years
penalties WHEN IS IT POSSIBLE FOR THE PRIVATE OFFENDED PARTY BE NOT
ABLE TO RECOVER FROM CIVIL LIABILITY?
Those punishable by arresto mayor 5 years  When the civil action has prescribed
 Quasi-delicts: 4 years
Libel or other similar offenses 2 years  Obligation from law: 10 years

BY: MA. ANGELA LEONOR C. AGUINALDO

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WHAT IS THE EFFECT IF A MOTION TO QUASH IS SUSTAINED?

Sec. 4. Amendment of complaint or information. – If the motion to  The court may order that another complaint or information be filed
quash is based on an alleged defect of the complaint or information against the accused for the same offense except if the ground forn
which can be cured by amendment, the court shall order that an sustaining the motion to quash is either the extinguishment of the
amendment be made. criminal liability or double jeopardy.
 The grant of motion to quash on these 2 grounds is a bar to
If it is based on the ground that the facts charged do not another prosecution for the same offense. If the order is made,
constitute an offense, the prosecution shall be given by the court the accused, if in custody, shall not be discharged unless admitted
an opportunity to correct the defect by amendment. The motion to bail. If no order is made, or if no new information was filed
shall be granted if the prosecution fails to make the amendment, or within the time specified by the court, the accused, shall be
the complaint or information still suffers from the same defect discharged
despite the amendment.
IF THE MOTION TO QUASH IS DENIED, CAN THE ACCUSED APPEAL
WHAT SHOULD THE COURT DO IF THE ACCUSED MOVES TO QUASH THE ORDER?
THE COMPLAINT OR INFORMATION ON GROUNDS THAT CAN BE  The accused cannot appeal an order overruling his motion to
CURED BY AMENDMENT? quash because an order denying a motion to quash is
 The court should order that the amendment be made interlocutory
 It doesn’t dispose of the case upon its merits
WHAT SHOULD THE COURT DO IF THE ACCUSED MOVES TO QUASH
ON THE GROUND THAT THE FACTS CHARGED DON’T CONSTITUTE WHAT DOES INTERLOCUTORY MEAN?
AN OFFENSE?  Case has not been dispensed with
 The court should give the prosecution the opportunity to correct
the defect by amendment WHAT IS THE REMEDY OF THE ACCUSED IF THE COURT DENIED HIS
 If the prosecution fails to make the amendment, or if, after it MOTION TO QUASH?
makes the amendment, the complaint or information still suffers 1. Accused should plead
 from the same defect, the court should grant or sustain the 2. Proceed to trial without prejudice to present the special defenses
motion to quash he invoked in his motion
3. If after trial on the merits an adverse decision is rendered, he can
Sec. 5. Effect of sustaining the motion to quash. – If the motion to appeal from the judgment of conviction, and interpose the denial
quash is sustained, the court may order that another complaint or of the motion as an error
information be filed except as provided in section 6 of this rule. If
the order is made, the accused, if in custody, shall not be Sec. 7. Former conviction or acquittal; double jeopardy. – When an
discharged unless admitted to bail. If no order is made or if having accused has been convicted or acquitted, or the case against him
been made, no new information is filed within the time specified in dismissed or otherwise terminated without his express consent by
the order or within such further time as the court may allow for a court of competent jurisdiction, upon a valid complaint or
good cause, the accused, if in custody, shall be discharged unless information or other formal charge sufficient in form and substance
he is also in custody of another charge. to sustain a conviction and after the accused had pleaded to the
charge, the conviction or acquittal of the accused or the dismissal
Sec. 6. Order sustaining the motion to quash not a bar to another of the case shall be a bar to another prosecution for the offense
prosecution; exception. – An order sustaining the motion to quash charged, or for any attempt to commit the same or frustration
is not a bar to another prosecution for the same offense unless the thereof, or for any offense which necessarily includes or is
motion was based on the grounds specified in section 3 (g) and (i) necessarily included in the offense charged in the former complaint
of this Rule. or information.

BY: MA. ANGELA LEONOR C. AGUINALDO

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However, the conviction of the accused shall not be a bar to in the first information or is an attempt to commit the offense or a
another prosecution for an offense which necessarily includes the frustration thereof
offense charged in the former complaint or information under any
of the following instances: WHAT ARE THE REQUISITES FOR THE FIRST JEOPARDY TO
ATTACH?
(a) the graver offense developed due to supervening facts arising 1. There is a valid complaint or information
from the same act or omission constituting the former charge; 2. Court of competent jurisdiction
 3. Arraignment
(b) the facts constituting the graver charge became known or were 4. Plea
discovered only after a plea was entered in the former complaint or 5. The defendant is acquitted, convicted, or the case was dismissed
information; or or terminated without his express consent

(c) the plea of guilty to the lesser offense was made without the N.B: The judgment should not only be final and executory but also be
consent of the prosecutor and of the offended party except as promulgated before there could be a valid jeopardy.
provided in section 1(f) of Rule 116.
IS THERE AN EXCEPTION TO THE FOREGOING RULE?
In any of the foregoing cases, where the accused satisfies or  There are two exceptions to the foregoing rule, and double
serves in whole or in part the judgment, he shall be credited with jeopardy may attach even if the dismissal of the case was with the
the same in the event of conviction for the graver offense. consent of the accused—
1. If there is insufficiency of evidence to support the charge
WHAT IS JEOPARDY AND WHAT IS THE RULE ON DOUBLE against him, and
JEOPARDY? 2. Where there has been an unreasonable delay in the
 Jeopardy is the peril in which a person is placed when he is proceedings, in violation of the accused’s right to speedy
regularly charged with a crime before a tribunal properly trial
organized and competent to try him
 The rule on double jeopardy means that when a person is charged A CRIME WAS COMMITTED IN MAKATI. THE CASE WAS FILED IN
with an offense and the case is terminate either by conviction or PASAY. WHEN THE PROSECUTION REALIZED THAT THE
acquittal, or in any other manner without the consent of the COMPLAINT SHOULD HAVE BEEN FILED IN MAKATI, IT FILED THE
accused, the latter cannot again be charged with the same or CASE IN MAKATI. CAN THE ACCUSED INVOKE DOUBLE JEOPARDY?
identical offense  No, the court in Pasay has no jurisdiction, therefore, the accused
was in no danger of being placed in jeopardy
WHAT ARE THE 2 KINDS OF JEOPARDY?  The first jeopardy didn’t validly attach
1. That no person shall be put twice in jeopardy for the same offense
2. If an act is punished by a law and an ordinance, conviction or FOR PURPOSES OF DOUBLE JEOPARDY, WHEN IS A COMPLAINT OR
acquittal under either shall constitute a bar to another prosecution INFORMATION VALID?
for the same act  A complaint or information is valid if it can support a judgment of
conviction
WHAT ARE THE REQUISITES FOR THE ACCUSED TO RAISE THE  If the complaint or information is not valid, it would violate the
DEFENSE OF DOUBLE JEOPARDY? right of the accused of the nature and cause of the accusation
1. A first jeopardy must have validly attached prior to the second against him
2. The first jeopardy must have been validly terminated  If he is convicted under this complaint or information, the
3. The second jeopardy must be for the same offense or the second conviction is null and void and hence there is no first jeopardy
offense includes or is necessarily included in the offense charged

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X WAS CHARGED WITH QUALIFIED THEFT. X MOVED TO DISMISS  Moreover, the dismissal was only provisional, which is not a valid
ON THE GROUND OF INSUFFICIENCY OF INFORMATION. THE CASE termination of the first jeopardy
WAS DISMISSED. SUBSEQUENTLY, THE PROSECUTION FILED A  In order to validly terminate the jeopardy, the dismissal must
CORRECTED INFORMATION. CAN X PLEAD DOUBLE JEOPARDY? have been unconditional
 No, the first jeopardy didn’t attach because the first information
was not valid X WAS CHARGED WITH SLIGHT PHYSICAL INJURIES. ON HIS
MOTION, THE CASE WAS DISMISSED DURING TRIAL. ANOTHER
X WAS CHARGED WITH THEFT. DURING THE TRIAL, THE CASE FOR ASSAULT UPON A PERSON IN AUTHORITY WAS FILED
PROSECUTION WAS ABLE TO PROVE ESTAFA. X WAS ACQUITTED AGAINST HIM. CAN X INVOKE DOUBLE JEOPARDY?
OF THEFT. CAN X BE PROSECUTED FOR ESTAFA LATER WITHOUT  No, the first jeopardy wasn’t terminated through either conviction,
PLACING HIM IN DOUBLE JEOPARDY? acquittal, or dismissal without the express consent of X
 Yes  The first case was dismissed upon the motion of X himself
 For jeopardy to attach, the basis is the crime charged in the  Therefore, he cannot invoke double jeopardy
complaint or information, and the one proved at the trial
 In this case, the crime charged in the first information was theft. X WAS CHARGED WITH THEFT. DURING TRIAL, THE EVIDENCE
X was therefore placed in jeopardy of being convicted of theft. SHOWED THAT THE OFFENSE COMMITTED WAS ACTUALLY ESTAFA.
Since estafa is not an offense which is included or necessarily WHAT SHOULD THE JUDGE DO?
includes theft, X can still be prosecuted for estafa without placing  The judge should order the substitution of the complaint for theft
him in double jeopardy with a new one charging estafa
 Upon filing of the substituted complaint, the judge should dismiss
THE ESTAFA CASE AGAINST C WAS DISMISSED BUT THE the original complaint. If it appears at any time before judgment
DISMISSAL CONTAINED A RESERVATION OF THE RIGHT TO FILE that a mistake has been made in charging the proper offense, the
ANOTHER ACTION. CAN ANOTHER ESTAFA CASE BE FILED AGAINST court shall dismiss the original complaint or information upon the
X WITHOUT PLACING HIM IN DOUBLE JEOPARDY? filing of a new one charging the proper offense
 Yes
 To raise the defense of double jeopardy, the first jeopardy must WHAT ARE THE REQUISITES FOR A VALID SUBSTITUTION OF A
have been validly terminated\ COMPLAINT OR INFORMATION?
 This means that there must have been either a conviction or 1. No judgment has been rendered
acquittal, or an unconditional dismissal of the case 2. The accused cannot be convicted of the offense charged or any
 A provisional dismissal, such as this one, doesn’t validly terminate other offense necessarily included in the offense charged
the first jeopardy 3. The accused will not be placed in double jeopardy

NOTE: in the second kind of jeopardy, the first jeopardy can validly only X WAS CHARGED WITH HOMICIDE. ON THE FIRST DAY OF TRIAL,
be terminated either by conviction or acquittal and not by the dismissal of THE PROSECUTION FAILED TO APPEAR. THE COURT DISMISSED
the case without the express consent of the accused. THE CASE ON THE GROUND OF VIOLATION OF THE RIGHT OF THE
ACCUSED TO SPEEDY TRIAL. X WAS LATER CHARGED WITH
X WAS CHARGED WITH THEFT. ON THE DAY OF THE TRIUAL, THE MURDER. CAN X INVOKE DOUBLE JEOPARDY?
PROSECUTOR AND THE WITNESSES FAILED TO APPEAR. COUNSEL  No, the first jeopardy was not validly terminated
FOR ACCUSED MOVED TO DISMISS THE CASE. THE COURT  The judge who has not dismissed the case on the ground of
DISMISSED THE CASE PROVISIONALLY. SUBSEQUENTLY X WAS violation of the right of X to speedy trial committed grave abuse of
CHARGED WITH THEFT AGAIN. CAN X INVOKE JEOPARDY? discretion in dismissing the case after the prosecution failed to
 No, the case was dismissed upon motion of counsel for the appear once
accused, so it wasn’t dismissed without the express consent  This is not a valid dismissal because it deprives the prosecution of
due process

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 When the judge gravely abuses the discretion in dismissing a WHAT IS MEANT BY NOLLE PROSEQUI? IS IT THE SAME AS AN
case, the dismissal is not valid ACQUITTAL?
 Therefore, X cannot invoke double jeopardy  It is the discontinuance of a criminal procedure by the prosecuting
officer, with the consent of the owner
DISTINGUISH ACQUITTAL AND DISMISSAL  A nolle prosequi or dismissal entered before the accused is placed
 Acquittal is a discharge after a trial, or an attempt to have one, on trial and before he is called on to plead is not equivalent to an
upon the merits. It is always on the merits. The accused is acquittal and doesn’t bar a subsequent prosecution for the same
acquitted because the evidence doesn’t show his guilt beyond offense
reasonable doubt.  It is not a final disposition of the case
 On the other hand, dismissal is when the case is terminated  Rather it partakes of the nature of a non-suit or discontinuance in
otherwise upon the merits thereof, as when the dismissal is based a civil suit and leaves the matter in the same condition in which it
on the allegation that the court has no jurisdiction, either upon was before the commencement of the prosecution
the subject matter or the territory, or that the complaint or
information is not valid or sufficient, or upon any ground that MAY THE COURT DISMISS THE CASE ON MOTION NOLLE
doesn’t decide the merits of the issue as to whether the accused is PROSEQUI?
or isn’t guilty of the offense charged  The trial court may dismiss a case on a motion nolle prosequi if
the accused is not brought to trial within the prescribed time and
WHEN IS A DISMISSAL OF THE CASE, EVEN WITH EXPRESS is deprived of his right to speedy trial or disposition of the case on
CONSENT OF THE ACCUSED, EQUIVALENT TO AN ACQUITTAL, account of unreasonable or capricious delay caused by the
WHICH WOULD CONSTITUTE A BAR TO A SECOND JEOPARDY? prosecution
 For a dismissal to be a bar under double jeopardy, it must have  People v. Espidol doctrine
the effect of acquittal
 As a general rule, dismissal upon motion of the accused or his WHY IS THERE A REQUIREMENT FOR IT TO BE CAPRICIOUS AND
counsel negates the application of double jeopardy because the UNREASONABLE?
motion of the accused amounts to an express consent  There are some delays of the prosecution which are not capricious
 However, such a dismissal even with the express consent of the and unreasonable
accused may constitute a bar to double jeopardy in the following  It may be caused by some other valid reasons—prejudicial
cases question, new evidence or witnesses, etc.
1. Where there is insufficiency of evidence given by the
prosecution to support the charge against him WHEN A CASE IS DISMISSED UPON MOTION OF THE ACCUSED, MAY
2. Where there has been an unreasonable delay in the HE STILL BE PROSECUTED FOR THE SAME OFFENSE?
proceedings, in violation of the accused’s right to speedy  While there have been conflicting rulings of the SC, the prevailing
trial doctrine is that the accused can still be prosecuted for the same
  Consequently, the dismissal amounts to an acquittal and would offense if he moves to dismiss on the grounds of lack of
bar a second jeopardy in the cases below jurisdiction, or insufficiency of complaint or information because
1. Where the dismissal is based on a demurrer to evidence he is deemed to have waived his right against a second jeopardy,
filed by the accused after the prosecution has rested, or that he is estopped from maintaining that the court had no
which has the effect of a judgment on the merits and jurisdiction or that the complaint wasn’t sufficient
operates as an acquittal
2. Where the dismissal is made, also on motion of the WHEN WILL DISMISSAL OR TERMINATION OF THE FIRST CASE NOT
accused, because of the denial of his right to a speedy BAR A SECOND JEOPARDY?
trial, which is in effect a failure to prosecute 1. The dismissal must be sought by the defendant personally or
through his counsel

BY: MA. ANGELA LEONOR C. AGUINALDO

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2. Such dismissal must not be on the merits and must not OBJECTION” AT THE BOTTOM OF THE MOTION TO DISMISS AND
necessarily amount to an acquittal SIGNED IT. CAN X INVOKE DOUBLE JEOPARDY LATER ON?
 No, X is deemed to have expressly consented to the dismissal of
BEFORE THE PROSECUTION COULD FINISH PRESENTING the case when his counsel wrote “no objection” at the bottom of
EVIDENCE, THE ACCUSED FILED A DEMURRER TO EVIDENCE. THE the motion to dismiss
COURT GRANTED THE MOTION AND DISMISSED THE CASE ON THE  Since the case was dismissed with his express consent, X cannot
GROUND OF INSUFFICIENCY OF EVIDENCE OF THE PROSECUTION. invoke double jeopardy
CAN THE ACCUSED BE PROSECUTED FOR THE SAME OFFENSE
AGAIN? X WAS CHARGED WITH MURDER. AFTER THE PROSECUTION
 Yes. There was no double jeopardy because the court has PRESENTED ITS EVIDENCE, X FILED A MOTION TO DISMISS ON THE
exceeded its jurisdiction in dismissing the case even before the GROUND THAT THE PROSECUTION FAILED TO PROVE THAT THE
prosecution could finish presenting evidence CRIME WAS COMMITTED WITHIN THE TERRITORIAL JURISDICTION
 It denied the prosecution of its right to due process. Because of OF THE COURT. THE COURT DISMISSED THE CASE. THE
this, the dismissal is null and void and cannot constitute a proper PROSECUTION APPEALED? CAN X INVOKE DOUBLE JEOPARDY?
 basis for a claim of double jeopardy  No, X cannot invoke double jeopardy
 The dismissal was upon his own motion so it was with his express
THE PROSECUTOR FILED AN INFORMATION AGAINST X FOR consent
HOMICIDE. BEFORE X COULD BE ARRAIGNED, THE PROSECUTOR  Since the dismissal was with his express consent, he is deemed to
WITHDREW THE INFORMATION WITHOUT NOTICE TO X. THE have waived his right against double jeopardy
PROSECUTOR THEN FILED AN INFORMATION AGAINST X FOR  The only time when a dismissal, even with the express consent of
MURDER. CAN X INVOKE DOUBLE JEOPARDY? the accused, will bar a double jeopardy is if it is based either on
 No, there was no arraignment yet under the first information insufficiency of evidence or denial of the right to speedy trial
 Therefore, the first jeopardy didn’t attach. The withdrawal or  These are not grounds invoked by X so he cannot claim double
dismissal of the case before arraignment is not a bar to the filing jeopardy
of a new information for the same offense.
 There is no double jeopardy where there is yet no arraignment X WAS CHARGED WITH HOMICIDE. X MOVED TO DISMISS ON THE
 A nolle prosequi or dismissal entered before the accused is placed GROUND THAT THE COURT HAD NO JURISDICTION. BELIEVING IT
on trial and before he pleads is not equivalent to an acquittal and HAD NO JURISDICTION, THE JUDGE DISMISSED THE CASE. SINCE
doesn’t bar a subsequent prosecution for the same offense THE COURT, IN FACT, HAD JURISDICTION OVER THE CASE, THE
PROSECUTION FILED ANOTHER CASE IN THE SAME COURT. CAN X
IF THE ACCUSED FAILS TO OBJECT TO THE MOTION TO DISMISS INVOKE DOUBLE JEOPARDY?
THE CASE FILED BY THE PROSECUTION, IS HE DEEMED TO HAVE  No, X is estopped from claiming that he was in danger of being
CONSENTED TO THE DISMISSAL? CAN HE STILL INVOKE DOUBLE convicted during the first case, since he had himself earlier alleged
JEOPARDY? that the court had no jurisdiction
 No, silence doesn’t mean consent to the dismissal
 If the accused fails to object or acquiesces to the dismissal of the X WAS CHARGED WITH HOMICIDE. THE COURT, BELIEVED IT HAD
case, he can still invoke double jeopardy, since the dismissal was NO JURISDICTION, MOTU PROPIO DISMISSED THE CASE. THE
still without his express consent. PROSECUTION APPEALED, CLAIMING THAT THE COURT, IN FACT
 He is deemed to have waived his right against double jeopardy if HAD JURISDICTION. CAN X INVOKE DOUBLE JEOPARDY?
he expressly consents to the dismissal  Yes, when the trial court has jurisdiction but mistakenly dismisses
the complaint or information on the ground of lack of it, the
X WAS CHARGED WITH MURDER. THE PROSECUTION MOVED TO dismissal wasn’t at the request of the accused, the dismissal is not
DISMISS THE CASE. COUNSEL FOR X WROTE THE WORDS “NO appealable because it will place the accused in double jeopardy

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X WAS CHARGED WITH RAPE. X MOVED TO DISMISS ON THE offense under a municipal ordinance are the same acts which
GROUND THAT THE COMPLAINT WAS INSUFFICIENT BECAUSE IT constitute or have given rise to the offense charged under the
DID NOT ALLEGE LEWD DESIGNS. THE COURT DISMISSED THE statute
CASE. LATER, ANOTHER CASE FOR RAPE WAS FILED AGAINST X.
CAN X INVOKE DOUBLE JEOPARDY? WHAT ARE THE EXCEPTIONS TO DOUBLE JEOPARDY? WHEN CAN
 No, X is estopped from claiming that he could have been convicted THE ACCUSED BE CHARGED WITH A SECOND OFFENSE WHICH
under the first complaint NECESSARILY INCLUDES THE OFFENSE CHARGED IN THE FORMER
 He himself moved for the dismissal on the ground that the COMPLAINT OR INFORMATION?
complaint was insufficient  The conviction of the accused shall not be a bar to another
 He cannot change his position and now claim that he was in prosecution for an offense which necessarily includes the offense
danger of being convicted under the complaint charged in the former complaint or information under any of the
following circumstances:
X WAS CHARGED WITH MURDER, ALONG WITH THREE OTHER o The graver offense developed due to supervening facts
PEOPLE. X WAS DISCHARGED AS A STATE WITNESS. CAN X BE arising from the same act or omission constituting the
PROSECUTED AGAIN FOR THE SAME OFFENSE? former charge
 It depends o The facts constituting the graver charge became known
 As a general rule, an order discharging an accused as state or were discovered only after a plea was entered in the
witness amounts to an acquittal, and he is barred from being former complaint or information
prosecuted again for the same offense o The plea of guilty to a lesser offense was made without
 However, if he fails or refuses to testify against his co-accused in the consent of the prosecutor or offended party except if
accordance with his sworn statement constituting the basis for the the offended party fails to appear at arraignment
discharge, he can be prosecuted again
WHAT IS THE DOCTRINE OF SUPERVENING EVENT?
CAN A PERSON ACCUSED OF ESTAFA BE CHARGED WITH  Where after the first prosecution a new fact supervenes for which
VIOLATION OF BP22 WITHOUT PLACING HIM IN DOUBLE the defendant is responsible, which changes the character of the
JEOPARDY? offense and, together with the facts existing at the time,
 Yes. Even if the same transaction is involved, the same act may constitutes a new and distinct offense, the accused cannot be said
violate two or more provisions of criminal law and the prosecution to be in second jeopardy if indicted for the second offense.
under one will not bar the prosecution under another
 Where 2 different laws defines 2 crimes, prior jeopardy as to one X WAS CHARGED WITH FRUSTRATED HOMICIDE. THERE WAS
of them is no obstacle to a prosecution of the other, although both NOTHING TO INDICATE THAT THE VICTIM WAS GOING TO DIE. X
offenses arise from the same facts, if each crime involves some WAS ARRAIGNED. BEFORE TRIAL, THE VICTIM DIED. CAN X BE
important act which is not an essential element of the other CHARGED WITH HOMICIDE?
 It depends.
X INSTALLED A JUMPER CABLE WHICH ALLOWED HIM TO REDUCE  If the death of the victim can be traced to the acts of X, and the
HIS ELECTRICITY BILL. HE WAS PROSECUTED AND SUBSEQUENTLY victim didn’t contribute to his death with his negligence, X can be
CONVICTED FOR A MUNICIPAL ORDINANCE AGAINST charged with homicide
UNAUTHORIZED INSTALLATION OF A DEVICE. CAN HE STILL BE  This is a supervening fact
PROSECUTED FOR THEFT?  But if the act of X wasn’t the proximate cause of death, he cannot
 No, under the second type of jeopardy, when an act is punished be charged with homicide
by law and an ordinance, conviction or acquittal under one will bar
a prosecution under the other X WAS CHARGED WITH RECKLESS IMPRUDENCE RESULTING TO
 The constitutional protection against double jeopardy is available HOMICIDE AND WAS ACQUITTED. THE HEIRS OF THE VICTIM
as long as the acts which constitute or have given rise to the first APPEALED THE CIVIL ASPECT OF THE JUDGMENT. X CLAIMS THAT

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THE APPEAL WILL PLACE HIM IN DOUBLE JEOPARDY. IS X 1. If the dismissal of the first case was made upon motion
CORRECT? or with the express consent of the defendant, unless the
 No, there was no second jeopardy. What was elevated on appeal grounds are insufficiency of evidence or denial of the
was the civil aspect of the case, not the criminal aspect. right to speedy trial
 The extinction of criminal liability whether by a prescription or by 2. If the dismissal is not an acquittal or based upon
the bar of double jeopardy doesn’t carry with it the extinction of consideration of the evidence or of the merits of the case,
civil liability arising from the offense charged 3. And the question to be passed upon by the appellate
court is purely legal so that should the dismissal be found
X IN A CRIMINAL CASE WAS SENTENCED AND REQUIRED TO PAY incorrect, the case would have to be remanded to the
CIVIL LIABILITY. CAN THE OFFENDED PARTY APPEAL THE CIVIL court of origin for further proceedings to determine the
LIABILITY? guilt or innocence of the accused
 Yes, if there would be appeal for a criminal case, it must pertain
solely on the civil liability. WHAT IS THE EFFECT OF THE APPEAL OF THE ACCUSED?
 An appeal with regard the criminal aspect would violate the  If the accused appeals, he waives his right against double
accused’s right against double jeopardy. jeopardy
 The reason why the offended party can appeal the civil aspect is  The case is thrown wide open for review and a penalty higher than
that double jeopardy only attaches to the criminal aspect and not that of the original conviction could be imposed upon him
the civil aspect. The victim or offended party in the criminal case
is the State while in its civil aspect, the private offended party. WHAT SHOULD THE ACCUSED DO IF THE COURT DENIES THE
MOTION TO QUASH ON THE GROUND OF DOUBLE JEOPARDY?
X WAS CHARGED WITH MURDER AND WAS ACQUITTED. CAN THE  He should plea not guilty and reiterate his defense of former
PROSECUTION APPEAL THE ACQUITTAL? jeopardy
 No, the prosecution cannot appeal the acquittal, since it would  In case of conviction, he should appeal from the judgment on the
place the accused in double jeopardy. ground of double jeopardy
 A judgment of acquittal in criminal proceedings is final and
unappealable whether it happens at the trial court level or before CAN AN ACCUSED RAISE THE DEFENSE OF DOUBLE JEOPARDY IN
the Court of Appeals CONTEMPT PROCEEDINGS?
 Even if the decision of acquittal was erroneous, the prosecution  No, jeopardy doesn’t attach. Remember the requisites for
cannot still appeal the decision as it would put the accused in jeopardy. Jeopardy only attaches in criminal proceedings.
double jeopardy.
Sec. 8. Provisional dismissal. – A case shall not be provisionally
A JUDGMENT OF ACQUITTAL IN CRIMINAL PROCEEDINGS IS FINAL dismissed except with the express consent of the accused and with
AND UNAPPEALABLE WHETHER IT HAPPENS AT THE TRIAL COURT notice to the offended party.
LEVEL OR BEFORE THE COURT OF APPEALS
The provisional dismissal of offenses punishable by
WHEN CAN THE PROSECUTION APPEAL DESPITE THE DISMISSAL imprisonment not exceeding six (6) years or a fine of any amount,
OR TERMINATION OF THE CASE? or both, shall become permanent one (1) year after issuance of the
 As a general rule, the dismissal or termination of the case after order without the case having been revived. With respect to
arraignment and plea of the defendant to a valid information shall offenses punishable by imprisonment of more than six (6) years,
be a bar to another prosecution for the same offense, an attempt their provisional dismissal shall become permanent two (2) years
 or frustration thereof, or one which necessarily includes or is after issuance of the order without the case having been revived.
included in the previous offense.
 However, the prosecution may appeal the order of dismissal in the WHAT IS THE TIME-BAR RULE? WHEN DOES A PROVISIONAL
following instances: DISMISSAL BECOME FINAL?

BY: MA. ANGELA LEONOR C. AGUINALDO

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 The provisional dismissal of offenses punishable by imprisonment 2. A new preliminary investigation is also required if aside from the
exceeding 6 years or a fine of any amount shall become original accused, other persons are charged under a new criminal
permanent after one year without the case having been revived complaint for the same offense or necessarily included therein
 For offenses punishable by imprisonment of more than 6 years, 3. Under a new criminal complaint, the criminal liability of the
the provisional dismissal shall become permanent after 2 years accused is upgraded from that of an accessory to that of a
without the case having been revived. principal
 After the provisional dismissal becomes final, the accused cannot 4. Under a new criminal complaint, the charge has been upgraded
be prosecuted anymore
Sec. 9. Failure to move to quash or to allege any ground therefore.
WHEN CAN A CASE BE PROVISIONALLY DISMISSED? – The failure of the accused to assert any ground of a motion to
 A case can only be dismissed provisionally if the accused expressly quash before he pleads to the complaint or information, either
consents, such consent given in writing or viva voce. because he did not file a motion to quash or failed to allege the
 It must be positive, direct, unequivocal consent requiring no same in said motion, shall be deemed a waiver of any objections
inference or implication to supply its meaning except those based on the grounds provided for in paragraphs (a),
 The mere inaction or silence of the accused to a provisional (b), (g), and (i) of section 3 of this Rule.
dismissal of the case or his failure to object to a provisional
dismissal doesn’t amount to express consent. RULE 118 - PRE-TRIAL

WHAT ARE THE CONDITIONS FOR SECTION 8 TO APPLY? Section 1. Pre-trial; mandatory in criminal cases. – In all criminal
WHAT ARE THE REQUISITES LAID DOWN BY PEOPLE V. LACSON? cases cognizable by the Sandiganbayan, Regional Trial Court,
1. The prosecution, with the express conformity of the accused or Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal
the latter’s counsel moves for a provisional dismissal of the case; Trial Court and Municipal Circuit Trial Court, the court shall, after
 or both the prosecution or accused move for a provisional arraignment and within thirty (30) days from the date the court
dismissal of the case acquires jurisdiction over the person of the accused, unless a
2. The offended party is notified of the motion for a provisional shorter period is provided for in special laws or circulars of the
dismissal of the case Supreme Court, order a pre-trial conference to consider the
3. The court issues an order granting the motion and dismissing the following:
case provisionally
4. The public prosecutor is served with a copy of the order of (a) plea bargaining;
provisional dismissal of the case
(b) stipulation of facts;
WHAT DOES IT MEAN WHEN THE TIME BAR RULE WILL NOT APPLY?
 Provisional dismissal will not become permanent, even after one (c) marking for identification of evidence of the parties;
year or two years depending on the offense’s nature
(d) waiver of objections to admissibility of evidence;
HOW CAN A CASE BE REVIVED?
1. Re-filing the information or filing of a new information for the (e) modification of the order of trial if the accused admits the
same offense necessarily included therein without need of a new charge but interposes a lawful defense; and
preliminary investigation unless the original witnesses of the
prosecution or some of them may have recanted their testimonies (f) such matters as will promote a fair and expeditious trial of the
or may no longer be available and new witnesses for the State criminal and civil aspects of the case.
have emerged
WHAT IS THE PURPOSE OF A PRE-TRIAL?
 The purpose is to expedite proceedings

BY: MA. ANGELA LEONOR C. AGUINALDO

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8. In case the accused gives a lawful defense, he will indicate that

WHEN IS PRE-TRIAL REQUIRED? there would be a modification of the order of trial
 Pre-trial is mandatory in all criminal cases cognizable by the
 Sandiganbayan, RTC, MTC and MCTC N.B
1. A preliminary conference precedes a pre-trial. It is officiated by
WHEN SHOULD IT BE CONDUCTED? the clerk of court. The clerk of court plays a vital role in the
 After arraignment, and within 30 days from the date the court speedy disposition of cases.
acquires jurisdiction over the person of the accused 2. Often times, there would be no pre-trial anymore but the trial
 An exception to the rule is when the accused is under preventive would commence and the judge would issue the decision for the
detention. The case shall be raffled within 3 days. Arraignment disposition of the case.
shall be done within 10 days after the raffle. Ten days thereafter, 3. The pre-trial conference is conducted for the expeditious
the pre-trial. disposition of the case. What happens in the conference is more
than what meets the eye. (Comment: TRANSFORMERS!)
WHAT SHOULD THE ORDER FOR PRE-TRIAL CONFERENCE 4. There is now an amendment in the new rules providing for the
CONTAIN? parties to talk with each other absent their lawyers. Lawyers
1. The presence of the accused and more importantly the offended often times are stumbling blocks in the speedy disposition of
party, for purposes of plea bargaining and determination of civil cases.
liability. Remember that plea bargaining isn’t allowed in cases 5. In the pre-trial and preliminary conference, there is narrowing of
involving violations of the Dangerous Drugs Act. conflict between the parties. In furtherance of this, the judge is
2. Referring the matter for preliminary conference to the clerk of sanctioned to allow the number of witnesses to be presented, limit
court. the trial days, etc.
3. Warning that evidence not offered during preliminary conference 6. Remember that any evidence not presented or marked during the
shall be inadmissible except if because of good cause and under pre-trial conference shall not be admitted during the trial. This
the discretion of the court is done to make the presentation of evidence mandatory for the
parties to the case. Additional evidence shall only be allowed if
WHO SHOULD PRESIDE IN A PRELIMINARY CONFERENCE? there is good cause and for furtherance of justice
 Clerk of court will preside the preliminary conference 7. Evidence is genuine and duly executed—in relation to notarial law
when the lawyer admits to the genuineness and due execution of
WHAT SHOULD THE CLERK OF COURT DO IN PRESIDING OVER THE the documentary evidence presented.
PRELIMINARY CONFERENCE? 8. The preliminary conference is to minimize the things to be
1. The clerk of court is given a vital role in the speedy disposition of discussed during the pre-trial conference that would be conducted
cases by the judge. After the pre-trial conference, a pre-trial order shall
2. He shall serve as the mediator or arbitrator between the accused be issued. This will serve as the bible for the rest of the
and offended party for the two parties to reach a settlement as to proceedings.
the civil liability of the accused 9. See the Revised Rules on Pre-trial issued during August 2004.
3. He shall serve as mediator between the parties with regard plea
bargaining WHEN WILL THE JUDGE PRESIDE?
4. He shall serve as mediator in the stipulation of facts between the  During the pre-trial
accused and offended party
5. He shall oversee the introduction and marking of documentary Sec. 2. Pre-trial agreement. – All agreements or admissions made
evidence or entered during the pre-trial conference shall be reduced in
6. He shall see that the evidence is genuine and duly executed writing and signed by the accused and counsel, otherwise, they
7. He shall oversee the conference if there will be any waiver to cannot be used against the accused. The agreements covering the
objections over admissibility of evidence

BY: MA. ANGELA LEONOR C. AGUINALDO

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matters referred to in section 1 of this Rule shall be approved by decongest court dockets, and to further implement the pre-trial guidelines
the court. laid down in Administrative Circular No. 3-99 dated January 15, 1999 and
except as otherwise specifically provided for in other special rules, the
WHAT HAPPENS DURING PRE-TRIAL? following guidelines are issued for the observance and guidance of trial
 The following things are considered judges and clerks of court:
1. Plea bargaining
2. Stipulation of facts I. PRE-TRIAL
3. Marking for identification of evidence of the parties
4. Waiver of objections to admissibility of evidence B. Criminal Cases
5. Modification of the order of trial if the accused admits the
charge but interposes a lawful defense 1. Before arraignment, the Court shall issue an order directing the
6. Other matters that will promote a fair and expeditious public prosecutor to submit the record of the preliminary
trial of the criminal and civil aspects of the case investigation to the Branch COC for the latter to attach the same to
the record of the criminal case.
WHAT IS THE FORM REQUIRED FOR THE PRE-TRIAL AGREEMENT?
 Any agreement or admission entered into during the pre-trial Where the accused is under preventive detention, his case shall be
conference should be raffled and its records transmitted to the judge to whom the case
1. In writing was raffled within three days from the filing of the complaint or
2. Signed by the accused information. The accused shall be arraigned within ten days from
3. Signed by counsel the date of the raffle. The pre-trial of his case shall be held within
 A pre-trial agreement that doesn’t follow this form cannot be used ten days after arraignment unless a shorter period is provided for
against the accused by law.

Sec. 3. Non-appearance at pre-trial conference. – If the counsel for 2. After the arraignment, the court shall forthwith set the pre-trial
the accused or the prosecutor does not appear at the pre-trial conference within thirty days from the date of arraignment, and
conference and does not offer an acceptable excuse for his lack of issue an order:
cooperation, the court may impose proper sanctions or penalties. (a) requiring the private offended party to appear thereat for
purposes of plea-bargaining except for violations of the
Sec. 4. Pre-trial order. – After the pre-trial conference, the court Comprehensive Dangerous Drugs Act of 2002, and for other
shall issue an order reciting the actions taken, the facts stipulated, matters requiring his presence;
and evidence marked. Such order shall bind the parties, limit the
trial to matters not disposed of, and control the course f the action (b) referring the case to the Branch COC, if warranted, for a
during the trial, unless modified by the court to prevent manifest preliminary conference to be set at least three days prior to the
injustice. pre-trial to mark the documents or exhibits to be presented by the
parties and copies thereof to be attached to the records after
comparison and to consider other matters as may aid in its prompt
A.M. No. 03-1-09-SC
RE: PROPOSED RULE ON GUIDELINES TO BE OBSERVED BY TRIAL disposition; and
COURT JUDGES AND CLERKS OF COURT IN THE CONDUCT OF PRE-
(c) informing the parties that no evidence shall be allowed to be
TRIAL AND USE OF DEPOSITION-DISCOVERY MEASURES
RESOLUTION presented and offered during the trial other than those identified
and marked during the pre-trial except when allowed by the court
The use of pre-trial and the deposition-discovery measures are undeniably for good cause shown. A copy of the order is hereto attached as
Annex "E". In mediatable cases, the judge shall refer the parties
important and vital components of case management in trial courts. To
abbreviate court proceedings, ensure prompt disposition of cases and
BY: MA. ANGELA LEONOR C. AGUINALDO
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and their counsel to the PMC unit for purposes of mediation if 2. court's territorial jurisdiction relative to the offense/s charged;
available. 3. qualification of expert witness/es;
4. amount of damages;
3. During the preliminary conference, the Branch COC shall assist
5. genuineness and due execution of documents;
the parties in reaching a settlement of the civil aspect of the case, 6. the cause of death or injury, in proper cases;
mark the documents to be presented as exhibits and copies thereof 7. adoption of any evidence presented during the preliminary
attached to the records after comparison, ascertain from the
investigation;
parties the undisputed facts and admissions on the genuineness 8. disclosure of defenses of alibi, insanity, self-defense, exercise of
and due execution of documents marked as exhibits and consider public authority and justifying or exempting circumstances; and
such other matters as may aid in the prompt disposition of the 9. such other matters that would limit the facts in issue.
case. The proceedings during the preliminary conference shall be
recorded in the Minutes of Preliminary Conference to be signed by c. Define factual and legal issues;
both parties and counsel. (Please see Annex "B")
d. Ask parties to agree on the specific trial dates and adhere to the
The Minutes of Preliminary Conference and the exhibits shall be
flow chart determined by the court which shall contain the time
attached by the Branch COC to the case record before the pre-trial. frames for the different stages of the proceeding up to
promulgation of decision and use the time frame for each stage in
4. Before the pre-trial conference the judge must study the
setting the trial dates;
allegations of the information, the statements in the affidavits of
witnesses and other documentary evidence which form part of the e. Require the parties to submit to the Branch COC the names,
record of the preliminary investigation. addresses and contact numbers of witnesses that need to be
summoned by subpoena; and
5. During the pre-trial, except for violations of the Comprehensive f. Consider modification of order of trial if the accused admits the
Dangerous Drugs Act of 2002, the trial judge shall consider plea- charge but interposes a lawful defense.
bargaining arrangements. Where the prosecution and the offended
party agree to the plea offered by the accused, the court shall: 7. During the pre-trial, the judge shall be the one to ask questions
a. Issue an order which contains the plea bargaining arrived at; on issues raised therein and all questions must be directed to him
b. Proceed to receive evidence on the civil aspect of the case; and to avoid hostilities between parties.
c. Render and promulgate judgment of conviction, including the
civil liability or damages duly established by the evidence.
civil liability or damages duly established by the evidence. 8. All agreements or admissions made or entered during the pre-
trial conference shall be reduced in writing and signed by the
6. When plea bargaining fails, the Court shall: accused and counsel, otherwise, they cannot be used against the
a. Adopt the minutes of preliminary conference as part of the pre-
accused. The agreements covering the matters referred to in
trial proceedings, confirm markings of exhibits or substituted Section 1 of Rule 118 shall be approved by the court. (Section 2,
photocopies and admissions on the genuineness and due execution Rule 118)
of documents and list object and testimonial evidence;
9. All proceedings during the pre-trial shall be recorded, the
b. Scrutinize every allegation of the information and the transcripts prepared and the minutes signed by the parties and/or
statements in the affidavits and other documents which form part
their counsels.
of the record of the preliminary investigation and other documents
identified and marked as exhibits in determining farther 10. The trial judge shall issue a Pre-trial Order within ten (10)
admissions of facts, documents and in particular as to the days after the termination of the pre-trial setting forth the actions
following:
taken during the pre-trial conference, the facts stipulated, the
1. the identity of the accused;
admissions made, evidence marked, the number of witnesses to be

BY: MA. ANGELA LEONOR C. AGUINALDO

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presented and the schedule of trial. Said Order shall bind the photocopies and admissions on the genuineness and due
parties, limit the trial to matters not disposed of and control the execution of documents and list object and testimonial evidence;
course the action during the trial. 2. Scrutinize every allegation of the information and the statements
in the affidavits and other documents which form part of the
WHAT IS A PRE-TRIAL ORDER? record of the preliminary investigation and other documents
 It is an order issued by the court after the pre-trial conference identified and marked as exhibits in determining farther
admissions of facts, documents and in particular as to the
containing:
o A recital of the actions taken following:
o The facts stipulated a. The identity of the accused;
o The evidence marked b. Court's territorial jurisdiction relative to the offense/s
charged;
 The pre-trial order binds the parties, limits the trial to matters not
 disposed of, and controls the course of action during the trial, c. Qualification of expert witness/es;
unless modified by the court to prevent manifest injustice d. Amount of damages;
e. Genuineness and due execution of documents;
WHAT IS PLEA BARGAINING? f. The cause of death or injury, in proper cases;
 It is the disposition of criminal charges by agreement between the g. Adoption of any evidence presented during the
prosecution and the accused preliminary investigation;
 The accused and the prosecutor in a criminal case work out a h. Disclosure of defenses of alibi, insanity, self-defense,
mutually satisfactory disposition of the case subject to court exercise of public authority and justifying or exempting
approval circumstances; and
i. Such other matters that would limit the facts in issue.
 It usually involves the defendant’s pleading guilty to a lesser
offense or to only one or some of the counts of a multi-count 3. Define factual and legal issues;
indictment in return for a lighter sentence than that for the graver 4. Ask parties to agree on the specific trial dates and adhere to the
charge flow chart determined by the court which shall contain the time
frames for the different stages of the proceeding up to
 It is encouraged because it leads to prompt and final disposition of
most criminal cases. It shortens the time between charge and promulgation of decision and use the time frame for each stage in
disposition and enhances whatever may be the rehabilitative setting the trial dates;
prospects of the guilty when they are ultimately imprisoned 5. Require the parties to submit to the Branch COC the names,
addresses and contact numbers of witnesses that need to be
WHEN IS PLEA BARGAINING NOT ALLOWED? summoned by subpoena; and
 It is not allowed under the Dangerous Drugs Act where the 6. Consider modification of order of trial if the accused admits the
charge but interposes a lawful defense.
imposable penalty is reclusion perpetua to death.

WHAT IF THERE IS A PLEA BARGAINING ARRIVED AT? REVIEW OF WHAT WE HAVE SO FAR…
1. Issue an order which contains the plea bargaining arrived at;
2. Proceed to receive evidence on the civil aspect of the case; and 1. File an affidavit-complaint with the prosecutor
3. Render and promulgate judgment of conviction, including the civil 2. The prosecutor will determine the nature of the offense. Why? To
liability or damages duly established by the evidence. determine if there must be a preliminary investigation or not.
3. If the preliminary investigation is not mandatory, require the
WHAT HAPPENS IF THERE WAS NO PLEA BARGAINING respondent to file a counter-affidavit
AGREEMENT? WHAT WOULD THE COURT DO? 4. There will be a need to determine if an information will be filed
1. Adopt the minutes of preliminary conference as part of the pre- 5. If more than 6 years penalty, require the counter-affidavit of the
trial proceedings, confirm markings of exhibits or substituted accused and then do the preliminary investigation

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6. During the preliminary investigation, secure the affidavits of  After he enters his plea of not guilty, the accused shall have at
witnesses, probable cause, etc. least 15 days to prepare for trial
 The trial shall commence within 30 days from receipt of the pre-
7. File with the clerk of court the information. If the court has
multiple branches, the case will be raffled trial order
8. Assign to the judge who would then issue an order for the
transmittal of the records of the preliminary investigation HOW LONG SHOULD THE TRIAL LAST?
 The entire trial period should not exceed 180 days from the first
9. Determine probable cause for the issuance of warrant of arrest or
commitment order day of trial, except if authorized by the SC
10. If there is no probable cause, order the dismissal of the case.
Otherwise, order the arrest. ARTICLE 8, SECTION 15 OF THE CONSTITUTION
11. The accused is brought to custody. The accused can post bail, if
denied, detention. 1. All cases or matters filed after the effectivity of this Constitution must
12. Arraignment—within 10 days after the preliminary investigation or be decided or resolved within twenty-four months from date of submission
when the accused is detained, within 10 days when the case was for the Supreme Court, and, unless reduced by the Supreme Court, twelve
raffled months for all lower collegiate courts, and three months for all other lower
13. Pre-trial after 10 days from arraignment courts.
14. Preliminary conference 2. A case or matter shall be deemed submitted for decision or resolution
15. Pre-trial upon the filing of the last pleading, brief, or memorandum required by the
Rules of Court or by the court itself.
RULE 119 - TRIAL 3. Upon the expiration of the corresponding period, a certification to this
effect signed by the Chief Justice or the presiding judge shall forthwith be
Section 1. Time to prepare for trial. – After a plea of not guilty is issued and a copy thereof attached to the record of the case or matter, and
entered, the accused shall have at least fifteen (15) days to served upon the parties. The certification shall state why a decision or
prepare for trial. The trial shall commence within thirty (30) days resolution has not been rendered or issued within said period.
from receipt of the pre-trial order. 4. Despite the expiration of the applicable mandatory period, the court,
without prejudice to such responsibility as may have been incurred in
IS THE CONCEPT OF TRIAL THE SAME AS HEARING? consequence thereof, shall decide or resolve the case or matter submitted
 According to jurisprudence, they are not the same concepts thereto for determination, without further delay.
 The words hearing and trial have different meaning and
connotations Sec. 2. Continuous trial until terminated; postponements. – Trial
 Trial may refer to the reception of evidence and other processes. once commenced shall continue from day to day as far as
It embraces the period for the introduction of evidence by both practicable until terminated. It may be postponed for a reasonable
parties period of time for good cause.
 Hearing, as known in law, is not confined to trial but embraces the
several stages of litigation, including the pre-trial stage. A The court shall, after consultation with the prosecutor and defense
hearing doesn’t necessarily mean presentation of evidence. It counsel, set the case for continuous trail on a weekly or other
doesn’t necessarily imply the presentation of oral or documentary short-term trial calendar at the earliest possible time so as to
evidence in open court but that the parties are afforded an ensure speedy trial. In no case shall the entire trial period exceed
opportunity to be heard. one hundred eighty (180) days from the first day of trial, except as
otherwise authorized by the Supreme Court.
HOW MUCH TIME DOES THE ACCUSED HAVE TO PREPARE FOR
TRIAL?

BY: MA. ANGELA LEONOR C. AGUINALDO

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The time limitations provided under this section and the preceding from the date of arraignment, and cannot be postponed except on
section shall not apply where special laws or circulars of the grounds over which the accused has no control
Supreme Court provide for a shorter period of trial. 3. CHILD ABUSE CASES—trial shall commence within 3 days from
arraignment and cannot be postponed except on grounds of illness
WHAT PROCEDURE IS USED TO AVAIL HIS RIGHT TO SPEEDY of the accused or other grounds beyond his control
TRIAL? 4. VIOLATIONS OF DANGEROUS DRUGS LAW—trial shall be finished
 Continuous trial system—a tool for the early and expeditious within 3 months from the filing of the information
disposition of a case 5. KIDNAPPING, ROBBERY IN A BAND, ROBBERY AGAINST A
BANKING OR FINANCIAL INSTITUTION, VIOLATION OF THE
WHAT IS THE CONTINUOUS TRIAL SYSTEM? CARNAPPING ACT, AND OTHER HEINOUS CRIMES—trial shall be
 Trial once commenced shall continue from day to day as far as finished within 60 days from the first day of trial
practicable until terminated.
 It may be postponed for a reasonable period of time for good WHAT IS HABEAS CORPUS?
cause.  Habeas corpus means “having it brought” plus “body”
 The court shall, after consultation with the prosecutor and defense  To inquire into the legality of the detention of a person
counsel, set the case for continuous trail on a weekly or other  A writ or order requiring that a prisoner be brought before a judge
short-term trial calendar at the earliest possible time so as to or into court to decide whether he is being held lawfully.
ensure speedy trial.
 In no case shall the entire trial period exceed one hundred eighty WHY IS HABEAS CORPUS CONSIDERED AN EXCEPTION TO THE
(180) days from the first day of trial, except as otherwise EXCEPTION?
authorized by the Supreme Court.  Because it is a prerogative writ and therefore must be decided
upon immediately by the court
HOW DO YOU ENSURE CONTINUOUS TRIAL SYSTEM?  The habeas corpus proceeding must take precedence over all
 There must be a time limit within which the case should be other cases because it involves the liberty of the person
terminated
WITHIN HOW MANY HOURS SHOULD A JUDGE RESOLVE A HABEAS
WHAT ARE THE DUTIES OF THE PRESIDING JUDGE UNDER THE CORPUS PROCEEDING?
CONTINUOUS TRIAL SYSTEM?  Within 48 hours or 2 days
1. Adhere faithfully to the session hours prescribed by laws
2. Maintain full control of the proceedings WHAT ARE THE DUTIES OF THE PUBLIC ATTORNEY IF THE ACCUSED
3. Efficiently allocate and use time and court resources to avoid court ASSIGNED TO HIM IS IMPRISONED?
delays 1. He shall promptly undertake to obtain the presence of the prisoner
for trial, or cause a notice to be served on the person having
IS THE TIME LIMIT ABSOLUTE? custody of the prisoner, requiring such person to advise the
 No prisoner of his right to demand trial
2. Upon receipt of that notice, the person having custody of the
IN WHICH CASES IS THE TIME LIMITATION NOT APPLICABLE? prisoner shall promptly advise the prisoner of the charge and his
 1. CRIMINAL CASES COVERED BY THE RULES ON SUMMARY right to demand trial. If at anytime thereafter, the prisoner
PROCEDURE OR THOSE WHERE THE PENALTY DOESN’T EXCEED 6 informs the custodian that he demands such trial, the latter shall
MONTHS IMPRISONMENT OR A FINE OF P1000: governed by the cause notice to that effect to be sent promptly to the public
rules on summary procedure attorney
2. WHEN THE OFFENDED PARTY IS ABOUT TO DEPART WITH NO 3. Upon receipt of such notice, the public attorney shall promptly
DEFINITE DATE OF RETURN—trial shall commence within 3 days seek to obtain the presence of the prisoner for trial

BY: MA. ANGELA LEONOR C. AGUINALDO

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4. When the person having custody of the prisoner receives from the (c) Any period of delay resulting from the mental incompetence
public attorney a properly supported request for the availability of or physical inability of the accused to stand trial.
the prisoner for purposes of trial, the prisoner shall be made
available accordingly. (d) If the information is dismissed upon motion of the
prosecution and thereafter a charge is filed against the accused for
Sec. 3. Exclusions. - The following periods of delay shall be the same offense, any period of delay from the date the charge was
excluded in computing the time within which trial must commence: dismissed to the date the time limitation would commence to run
as to the subsequent charge had there been no previous charge.
(a) Any period of delay resulting from other proceedings
concerning the accused, including but not limited to the following: (e) A reasonable period of delay when the accused is joined for
trial with a co-accused over whom the court has not acquired
(1) Delay resulting from an examination of the physical and jurisdiction, or, as to whom the time for trial has not run and no
mental condition of the accused; motion for separate trial has been granted.

(2) Delay resulting from proceedings with respect to other (f) Any period of delay resulting from a continuance granted by
criminal charges against the accused; any court motu proprio, or on motion of either the accused or his
counsel, or the prosecution, if the court granted the continuance on
(3) Delay resulting from extraordinary remedies against the basis of its findings set forth in the order that the ends of
interlocutory orders; justice served by taking such action outweigh the best interest of
 CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
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occasion or which arose

out of the same Sec. 4. Service of notice of appeal. – If personal service of the copy
occurrence that gave rise of the notice of appeal can not be made upon the adverse party or
to the offense punishable his counsel, service may be done by registered mail or by
by death, reclusion substituted service pursuant to sections 7 and 8 of Rule 13.
perpetua or life
imprisonment Sec. 5. Waiver of notice. – The appellee may waive his right to a
notice that an appeal has been taken. The appellate court may, in
5 CA RTC where penalty By automatic review its discretion, entertain an appeal notwithstanding failure to give
imposed is death such notice if the interests of justice so require.

6 SC All other appeals, except Petition for review Sec. 6. When appeal to be taken. – An appeal must be taken within
the two cases above under Rule 45 fifteen (15) days from promulgation of the judgment or from notice
of the final order appealed from. This period for perfecting an
7 SC Sandiganbayan Petition for review appeal shall be suspended from the time a motion for new trial or
under Rule 45 reconsideration is filed until notice of the order overruling the
8 SC Sandiganbayan in its By automatic review motion has been served upon the accused or his counsel at which
original jurisdiction time the balance of the period begins to run.
where penalty imposed is
death NOTE: The period of appeal seems to have been amended by the SC
ruling in Domingo Neypes v. CA, GR 141524, September 14, 2005.
9 SC Sandiganbayan in its File a notice of appeal
original jurisdiction “To standardize the appeal periods provided in the Rules and to afford
where penalty is imposed litigants fair opportunity to appeal their cases, the Court deems it practical
is life imprisonment or to allow a fresh period of 15 days within which to file the notice of appeal
reclusion perpetua in the Regional Trial Court, counted from receipt of the order dismissing a
motion for a new trial or motion for reconsideration.”
10 SC Sandiganbayan in its File a notice of appeal
“Henceforth, this “fresh period rule” shall also apply to Rule 40 governing
appellate jurisdiction
where penalty imposed is appeals from the Municipal Trial Courts to the Regional Trial Courts; Rule
death, reclusion 42 on petitions for review from the Regional Trial Courts to the Court of
Appeals; Rule 43 on appeals from quasi-judicial agencies[31] to the Court
perpetua, or life
of Appeals and Rule 45 governing appeals by certiorari to the Supreme
imprisonment
Court.[32] The new rule aims to regiment or make the appeal period
uniform, to be counted from receipt of the order denying the motion for
*These changes took place in the case of People v. Mateo, ponente was
new trial, motion for reconsideration (whether full or partial) or any final
Justice Vitug.
order or resolution.”
*WASN’T THIS TANTAMOUNT TO THE COURT CHANGING THE
Although the SC has made this ruling on a civil case, it is submitted that
CONSTITUTION?
such if the Court has applied this rule to all other appeals involving civil
No. There is no amendment to the Constitution. The SC is mandated by
cases, with more reason should the defendant in a criminal case be given
the Constitution anyhow to adopt rules of procedure. This is not a
ample time to file his appeal.
substantive right but only procedural. The accused is given another level
to review his case. He is placed in a better position.
WHEN IS APPEAL PERFECTED?

BY: MA. ANGELA LEONOR C. AGUINALDO

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 Appeals in criminal cases are perfected when the interested party Sec. 9. Appeal to the Regional Trial Courts. – (a) Within five (5)
or parties have personally or through their attorney filed with the days from perfection of the appeal, the clerk of court shall transmit
clerk of court a written notice expressly stating the appeal the original record to the appropriate Regional Trial Court.

WHAT IS THE EFFECT OF PERFECTION OF AN APPEAL? (b) Upon receipt of the complete record of the case, transcripts
 When an appeal has been perfected, the court a quo loses and exhibits, the clerk of court of the Regional Trial Court shall
jurisdiction notify the parties of such fact.

WHAT IS THE DIFFERENCE BETWEEN THE APPEAL OF A JUDGMENT (c) Within fifteen (15) days from receipt of said notice, the
AND THE APPEAL OF AN ORDER? parties may submit memoranda or briefs, or may be required by
 The appeal from judgment must be perfected within 15 days from the Regional Trial Court to do so. After the submission of such
promulgation memoranda or briefs, or upon the expiration of the period to file
 The appeal from an order should be perfected within 15 days from the same, the Regional Trial Court shall decide the case on the
notice of final order basis of the entire record of the case and of such memoranda or
briefs as may have been filed.
Sec. 7. Transcribing and filing notes of stenographic reporter upon
appeal. – When notice of appeals is filed by the accused, the trial DISTINGUISH A BRIEF FROM A MEMORANDUM
court shall direct the stenographic reporter to transcribe his notes BRIEF MEMORANDUM
of the proceedings. When filed by the People of the Philippines, the A complete statement of facts of the Summary that the party would
trial court shall direct the stenographic reporter to transcribe such case make at the last minute; lays down
portion of his notes of the proceedings as the court, upon motion, the principles and authorities
shall specify in writing. The stenographic reporter shall certify to Appellant’s brief: contents
the correctness of the notes and the transcript thereof, which shall 1. Title of the case Sometimes a case is won through a
consist of the original and four copies, and shall file said original 2. Crime charged memorandum
and four copies with the clerk without unnecessary delay. 3. Material dates—to find out
if appeal was made within Disadvantage in the appellate
If death penalty is imposed, the stenographic reporter shall, within reglementary period court—cannot observe the
thirty (30) days from promulgation of the sentence, file with the a. When copy of demeanor of the witness
clerk the original and four copies of the duly certified transcript of judgment is  Findings of fact of the trial
his notes of the proceedings. No extension of time for filing of said received court are given greater
transcript of stenographic notes shall be granted except by the b. When appeal was weight
Supreme Court and only upon justifiable grounds. made  Usually the appellate court
4. Facts upon which judgment sustains the trial court
Sec. 8. Transmission of papers to appellate court upon appeal. – was based  Counsel of the appellant
Within five (5) days from the filing of the notice of appeal, the clerk 5. Decision being appealed must highlight the error
of court with whom the notice of appeal was filed must transmit to from
the clerk of court of the appellate court the complete record of the 6. Arguments in support of
case, together with said notice. The original and three copies of the appeal
transcript of stenographic notes, together with the records, shall 7. Prayer
also be transmitted to the clerk of the appellate court without Appellee’s brief: counterstatement
undue delay. The other copy of the transcript shall remain in the of facts
lower court. *The brief/memorandum must point to the court that it erred in the:
 Misappreciation of facts
 Rulings not supported by the evidence to prove moral certainty of

BY: MA. ANGELA LEONOR C. AGUINALDO

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guilt of a Metropolitan Trial Court, Municipal Trial Court in Cities,

Municipal Trial Court, or Municipal Circuit Trial Court to withdraw
Sec. 10. Transmission of records in case of death penalty. – In all his appeal, provided a motion to that effect is filed before rendition
cases where the death penalty is imposed by the trial court, the of the judgment in the case on appeal, in which case the judgment
records shall be forwarded to the Supreme Court for automatic of the court of origin shall become final and the case shall be
review and judgment within five (5) days after the fifteenth (15) remanded to the latter court for execution of the judgment.
day following the promulgation of the judgment or notice of denial
of a motion for new trial or reconsideration. The transcript shall CAN AN APPEAL THAT HAS ALREADY BEEN PERFECTED BE
also be forwarded within ten (10) days after the filing thereof by WITHDRAWN BY THE APPELLANT?
the stenographic reporter.  If the records have not yet been transmitted to the appellate
court, the court that rendered the judgment has the discretion to
Sec. 11. Effect of appeal by any of several accused. – (a) An appeal allow the appellant to withdraw the appeal
taken by one or more of several accused shall not affect those who  If the appeal is withdrawn, the judgment shall become final
did not appeal, except insofar as the judgment of the appellate  If the records have already been transmitted to the appellate
court is favorable and applicable to the latter. court, only the appellate court may decide whether to grant the
motion to withdraw the appeal, and not only before the judgment
(b) The appeal of the offended party from the civil aspect shall is rendered in the case of appeal
not affect the criminal aspect of the judgment or order appealed
from. Sec. 13. Appointment of counsel de officio for accused on appeal. -
It shall be the duty of the clerk of court of the trial court, upon
(c) Upon perfection of the appeal, the execution of the judgment filing of a notice of appeal to ascertain from the appellant, if
or final order appealed from shall be stayed as to the appealing confined in prison, whether he desires the Regional Trial Court,
party. Court of Appeals or the Supreme Court to appoint a counsel de
officio to defend him and to transmit with the record on a form to
A AND B WERE CONVICTED OF MURDER. ONLY A APPEALED FROM be prepared by the clerk of court of the appellate court, a
THE CONVICTION. SHOULD THE DECISION OF THE APPELLATE certificate of compliance with this duty and of the response of the
COURT BIND B? appellate to his inquiry.
 It depends.
 If the decision of the appellate court should be beneficial to B, IS COUNSEL DE OFFICIO STILL REQUIRED TO REPRESENT HIS
then it should affect him CLIENT ON APPEAL?
 If the decision would not benefit him, it shouldn’t bind him  Yes, the duty of counsel de officio doesn’t terminate upon
judgment of the case
WHAT IS THE EFFECT OF THE APPEAL BY THE OFFENDED PARTY OF  It continues until appeal
THE CIVIL ASPECT OF THE JUDGMENT ON THE CRIMINAL ASPECT?
 Nothing RULE 123 - PROCEDURE IN THE MUNICIPAL TRIAL COURTS

Sec. 12. Withdrawal of appeal. - Notwithstanding perfection of the Section 1. Uniform Procedure. – The procedure to be observed in
appeal, the Regional Trial Court, Metropolitan Trial Court, Municipal the Metropolitan Trial Courts, Municipal Trial Courts and Municipal
Trial Court in Cities, Municipal Trial Court, or Municipal Circuit Trial Circuit Trial Courts shall be the same as in the Regional Trial
Court, as the case may be, may allow the appellant to withdraw his Courts, except where a particular provision applies only to either of
appeal before the record has been forwarded by the clerk of court said courts and in criminal cases governed by the Revised Rule on
to the proper appellate court as provided in section 8, in which Summary Procedure.
case, the judgment shall become final. The Regional Trial Court
may also, in its discretion, allow the appellant from the judgment

BY: MA. ANGELA LEONOR C. AGUINALDO

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Sec. 2. Determination of applicability. — Upon the filing of a civil or

WHAT IS SUMMARY PROCEDURE? criminal action, the court shall issue an order declaring whether or
 Procedure wherein the court decides the case through the not the case shall be governed by this Rule. A patently erroneous
evidence and affidavits presented by the parties determination to avoid the application of the Rule on Summary
Procedure is a ground for disciplinary action.
RESOLUTION OF THE COURT EN BANC DATED OCTOBER 15, 1991
PROVIDING FOR THE REVISED RULE ON SUMMARY PROCEDURE WHAT ARE THE CRIMINAL CASES FALLING UNDER THE RULES OF
FOR METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS IN
SUMMARY PROCEDURE?
CITIES, MUNICIPAL TRIAL COURTS AND MUNICIPAL CIRCUIT 1. Violations of traffic laws, rules and regulations
TRIAL COURTS. 2. Violations of the rental law
3. Violations of municipal or city ordinances
I. Applicability
4. All other criminal cases where the penalty prescribed by law for
the offense charged is imprisonment not exceeding six months, or
Section 1. Scope. — This rule shall govern the summary procedure a fine not exceeding (P1,000.00), or both, irrespective of other
in the Metropolitan Trial Courts, the Municipal Trial Courts in Cities, imposable penalties, accessory or otherwise, or of the civil liability
the Municipal Trial Courts, and the Municipal Circuit Trial Courts in arising therefrom: Provided, however, that in offenses involving
the following cases falling within their jurisdiction: damage to property through criminal negligence, this Rule shall
govern where the imposable fine does not exceed ten thousand
xxx xxx xxx pesos (P10,000.00).

B. Criminal Cases:
xxx xxx xxx
(1) Violations of traffic laws, rules and regulations;
III. Criminal Cases
(2) Violations of the rental law;
Sec. 11. How commenced. — The filing of criminal cases falling
(3) Violations of municipal or city ordinances; within the scope of this Rule shall be either by complaint or by
information: Provided, however, that in Metropolitan Manila and in
Chartered Cities, such cases shall be commenced only by
(4) All other criminal cases where the penalty prescribed by law
for the offense charged is imprisonment not exceeding six months, information, except when the offense cannot be prosecuted de
or a fine not exceeding (P1,000.00), or both, irrespective of other oficio.
imposable penalties, accessory or otherwise, or of the civil liability
The complaint or information shall be accompanied by the
arising therefrom: Provided, however, that in offenses involving
damage to property through criminal negligence, this Rule shall affidavits of the compliant and of his witnesses in such number of
govern where the imposable fine does not exceed ten thousand copies as there are accused plus two (2) copies for the court's files.
If this requirement is not complied with within five (5) days from
pesos (P10,000.00).
date of filing, the case may be dismissed.
This Rule shall not apply to a civil case where the plaintiffs cause of
action is pleaded in the same complaint with another cause of HOW IS A CRIMINAL CASE COMMENCED IN A SUMMARY
action subject to the ordinary procedure; nor to a criminal case PROCEDURE?
where the offense charged is necessarily related to another  The filing of criminal cases falling within the scope of this Rule
criminal case subject to the ordinary procedure. shall be either by complaint or by information: Provided, however,
that in Metropolitan Manila and in Chartered Cities, such cases

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shall be commenced only by information, except when the offense accused for trial, it shall order the dismissal of the case; otherwise,
cannot be prosecuted de oficio. the court shall set the case for arraignment and trial.
 The complaint or information shall be accompanied by the
affidavits of the compliant and of his witnesses in such number of If the accused is in custody for the crime charged, he shall be
copies as there are accused plus two (2) copies for the court's immediately arraigned and if he enters a plea of guilty, he shall
files. If this requirement is not complied with within five (5) days forthwith be sentenced.
from date of filing, the case may be dismissed
Sec. 14. Preliminary conference. — Before conducting the trial, the
Sec. 12. Duty of court. — court shall call the parties to a preliminary conference during which
a stipulation of facts may be entered into, or the propriety of
allowing the accused to enter a plea of guilty to a lesser offense
(a) If commenced by compliant. — On the basis of the compliant
and the affidavits and other evidence accompanying the same, the may be considered, or such other matters may be taken up to
court may dismiss the case outright for being patently without clarify the issues and to ensure a speedy disposition of the case.
basis or merit and order the release of the accused if in custody. However, no admission by the accused shall be used against him
unless reduced to writing and signed by the accused and his
(b) If commenced by information. — When the case is commenced counsel. A refusal or failure to stipulate shall not prejudice the
by information, or is not dismissed pursuant to the next preceding accused.
paragraph, the court shall issue an order which, together with
copies of the affidavits and other evidence submitted by the WHEN DOES A PRELIMINARY CONFERENCE TAKE PLACE? WHAT
prosecution, shall require the accused to submit his counter- HAPPENS DURING A PRELIMINARY CONFERENCE?
affidavit and the affidavits of his witnesses as well as any evidence Before conducting the trial, the court shall call the parties to a preliminary
in his behalf, serving copies thereof on the complainant or conference during which—
prosecutor not later than ten (10) days from receipt of said order. 1. Stipulation of facts may be entered into
The prosecution may file reply affidavits within ten (10) days after 2. The propriety of allowing the accused to plead guilty to a lesser
receipt of the counter-affidavits of the defense. offense may be considered
3. Other matters as may be taken up to clarify the issues and to
WHAT SHOULD THE MTC FIRST DO WHENEVER INFORMATION IS ensure a speedy disposition of the case
FILED?
 When the case is commenced by information, or isn’t dismissed, Sec. 15. Procedure of trial. — At the trial, the affidavits submitted
the court shall issue an order which, together with the affidavits by the parties shall constitute the direct testimonies of the
and other evidence submitted by the prosecution, SHALL REQUIRE witnesses who executed the same. Witnesses who testified may be
THE ACCUSED TO SUBMIT HIS COUNTER-AFFIDAVIT AND THE subjected to cross-examination, redirect or re-cross examination.
AFFIDAVITS OF HIS WITNESSES AS WELL AS ANY EVIDENCE IN Should the affiant fail to testify, his affidavit shall not be
HIS BEHALF considered as competent evidence for the party presenting the
 Copies of the above shall be served thereof to the complainant or affidavit, but the adverse party may utilize the same for any
prosecutor not later than 10 days from receipt of said order admissible purpose.
 The prosecution may also be allowed to file reply affidavits within
10 days after receipt of the counter-affidavits of the defense Except in rebuttal or surrebuttal, no witness shall be allowed to
testify unless his affidavit was previously submitted to the court in
Sec. 13. Arraignment and trial. — Should the court, upon a accordance with Section 12 hereof.
consideration of the complaint or information and the affidavits
However, should a party desire to present additional affidavits or
submitted by both parties, find no cause or ground to hold the
counter-affidavits as part of his direct evidence, he shall so

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manifest during the preliminary conference, stating the purpose CAN THE MTC REFER THE CASE TO THE LUPON?
thereof. If allowed by the court, the additional affidavits of the  Yes
prosecution or the counter-affidavits of the defense shall be  The exception is when the accused has been arrested without
submitted to the court and served on the adverse party not later warrant.
than three (3) days after the termination of the preliminary
conference. If the additional affidavits are presented by the WHAT HAPPENS WHEN THERE HAS BEEN NO COMPLIANCE WITH
prosecution, the accused may file his counter-affidavits and serve THE REQUIREMENT THAT THERE SHOULD BE FIRST CONCILIATION
the same on the prosecution within three (3) days from such PROCEEDINGS IN THE LUPON?
service.  The court may dismiss the case without prejudice
 It may also revive the case only after such requirement shall have
Sec. 16. Arrest of accused. — The court shall not order the arrest been complied with
of the accused except for failure to appear whenever required.  This provision shall not apply in criminal cases wherein the
Release of the person arrested shall either be on bail or on accused has been arrested lawfully without a warrant of arrest.
recognizance by a responsible citizen acceptable to the court.
Sec. 19. Prohibited pleadings and motions. — The following
IF AN ACCUSED IS CHARGED IN THE MUNICIPAL TRIAL COURT, pleadings, motions or petitions shall not be allowed in the cases
CAN THE COURT ISSUE A WARRANT OF ARREST AGAINST THE covered by this Rule:
ACCUSED?
 The court shall not order the arrest of the accused except for (a) Motion to dismiss the complaint or to quash the complaint or
failure to appear whenever required. information except on the ground of lack of jurisdiction over the
 Release of the person arrested shall either be on bail or on subject matter, or failure to comply with the preceding section;
recognizance by a responsible citizen acceptable to the court.
(b) Motion for a bill of particulars;
Sec. 17. Judgment. — Where a trial has been conducted, the court
shall promulgate the judgment not later than thirty (30) days after (c) Motion for new trial, or for reconsideration of a judgment, or
for opening of trial;
the termination of trial.

(d) Petition for relief from judgment;

WHEN DOES THE COURT NEED TO PROMULGATE JUDGMENT?
 Where a trial has been conducted, the court shall promulgate the (e) Motion for extension of time to file pleadings, affidavits or any
judgment not later than thirty (30) days after the termination of other paper;
trial.
(f) Memoranda;
IV. COMMON PROVISIONS
(g) Petition for certiorari, mandamus, or prohibition against any
Sec. 18. Referral to Lupon. — Cases requiring referral to the Lupon interlocutory order issued by the court;
for conciliation under the provisions of Presidential Decree No.
1508 where there is no showing of compliance with such (h) Motion to declare the defendant in default;
requirement, shall be dismissed without prejudice and may be
revived only after such requirement shall have been complied with. (i) Dilatory motions for postponement;
This provision shall not apply to criminal cases where the accused
was arrested without a warrant. (j) Reply;

(k) Third party complaints;

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Sec. 21. Appeal. — The judgment or final order shall be appealable

(l) Interventions. to the appropriate Regional Trial Court which shall decide the same
in accordance with Section 22 of Batas Pambansa Blg. 129. The
WHAT PLEADINGS AND MOTIONS ARE PROHIBITED IN CASES decision of the Regional Trial Court in civil cases governed by this
GOVERNED BY SUMMARY PROCEDURE? Rule, including forcible entry and unlawful detainer, shall be
The following are not allowed— immediately executory, without prejudice to a further appeal that
1. A motion to dismiss the complaint or to quash the complaint or may be taken therefrom. Section 10 of Rule 70 shall be deemed
repealed.
information on the ground of lack of jurisdiction over the subject
matter, or failure to refer the case to the Lupon
2. Motion for bill of particulars Sec. 22. Applicability of the regular rules. — The regular procedure
3. Motion for new trial, or for reconsideration of a judgment, or for prescribed in the Rules of Court shall apply to the special cases
herein provided for in a suppletory capacity insofar as they are not
reopening of trial
4. Petition for relief from judgment inconsistent herewith.
5. Motion for extension of time to file pleading, affidavits or other
paper RULE 124 - PROCEDURE IN THE COURT OF APPEALS
6. Memoranda
7. Petition for certiorari, mandamus, or prohibition against any Section 1. Title of the case. – In all criminal cases appealed to the
interlocutory order issued by the courts Court of Appeals, the party appealing the case shall be called the
8. Motion to declare the defendant in default "appellant" and the adverse party the "appellee," but the title of
9. Dilatory motions for postponement the case shall remain as it was in the court of origin.
10. Reply
11. Third-party complaints Sec. 2. Appointment of counsel de officio for the accused. – If it
12. Interventions appears from the record of the case as transmitted that (a) the
accused is confined in prison, (b) is without counsel de parte on
Sec. 20. Affidavits. — The affidavits required to be submitted appeal, or (c) has signed the notice of appeal himself, ask the clerk
under this Rule shall state only facts of direct personal knowledge of court of the Court of Appeals shall designate a counsel de officio.
of the affiants which are admissible in evidence, and shall show
their competence to testify to the matters stated therein. An appellant who is not confined in prison may, upon request, be
assigned a counsel de officio within ten (10) days from receipt of
A violation of this requirement may subject the party or the counsel the notice to file brief and he establishes his right thereto.
who submits the same to disciplinary action, and shall be cause to
expunge the inadmissible affidavit or portion thereof from the Sec. 3. When brief for appellant to be filed. – Within thirty (30)
record. days from receipt by the appellant or his counsel of the notice from
the clerk of court of the Court of Appeals that the evidence, oral
and documentary, is already attached to the record, the appellant
WHAT IS REQUIRED IN THE SUBMISSION OF AFFIDAVITS IN A shall file seven (7) copies of his brief with the clerk of court which
SUMMARY PROCEEDING?
shall be accompanied by proof of service of two (2) copies thereof
 The affidavits required to be submitted under this Rule shall state upon the appellee.
only facts of direct personal knowledge of the affiants which are
admissible in evidence, and shall show their competence to testify Sec. 4. When brief for appellee to be filed; reply brief of the
to the matters stated therein. appellant. – Within thirty (30) days from receipt of the brief of the
appellant, the appellee shall file seven (7) copies of the brief of the

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appellee with the clerk of court which shall be accompanied by 4. The Court of Appeals may also, upon motion of the appellee or
proof of service of two (2) copies thereof upon the appellant. motu proprio, dismiss the appeal if the appellant flees to a foreign
country during the pendency of the appeal
Within twenty (20) days from receipt of the brief of the appellee, 5. The Court of Appeals may also, motu propio dismiss the appeal if
the appellant may file a reply brief traversing matters raised in the the appellant fails to prosecute
former but not covered in the brief of the appellant. 6. The Court of Appeals may also, motu propio dismiss the appeal if
the appellant abandons his appeal
Sec. 5. Extension of time for filing briefs. – Extension of time for
the filing of briefs will not be allowed except for good and sufficient Sec. 9. Prompt disposition of appeals. – Appeals of accused who are
cause and only if the motion for extension is filed before the under detention shall be given precedence in their disposition over
expiration of the time sought to be extended. other appeals. The Court of Appeals shall hear and decide the
appeal at the earliest practicable time with due regard to the rights
Sec. 6. Form of briefs. – Briefs shall either be printed, encoded or of the parties. The accused need not be present in court during the
typewritten in double space on legal size good quality unglazed hearing of the appeal.
paper, 330 mm. in length by 216 mm. in width.
Sec. 10. Judgment not to be reversed or modified except for
Sec. 7. Contents of brief. – The briefs in criminal cases shall have substantial error. – No judgment shall be reversed or modified
the same contents as provided in sections 13 and 14 of Rule 44. A unless the Court of Appeals, after an examination of the record and
certified true copy of the decision or final order appealed from shall of the evidence adduced by the parties, is of the opinion that terror
be appended to the brief of the appellant. was committed which injuriously affected the substantial rights of
the appellant.
Sec. 8. Dismissal of appeal for abandonment or failure to
prosecute. – The Court of Appeals may, upon motion of the appellee WHEN CAN JUDGMENT BE REVERSED OR MODIFIED?
or motu proprio and with notice to the appellant in either case,  It can only be reversed or modified when there has been
dismiss the appeal if the appellant fails to file his brief within the substantial errors
time prescribed by this Rule, except where the appellant is
represented by a counsel de officio. Sec. 11. Scope of judgment. – The Court of Appeals may reverse,
affirm or modify the judgment and increase or reduce the penalty
The Court of Appeals may also, upon motion of the appellee or imposed by the trial court, remand the case to the Regional Trial
motu proprio, dismiss the appeal if the appellant escapes from Court for new trial or retrial, or dismiss the case.
prison or confinement, jumps bail or flees to a foreign country
during the pendency of the appeal. WHAT IS THE SCOPE OF JUDGMENT OF THE COURT OF APPEALS?
1. Reverse, affirm, or modify the judgment
WHEN CAN THE COURT OF APPEALS DISMISS AN APPEAL? 2. Increase or reduce the penalty imposed by the trial court
1. The Court of Appeals may, upon motion of the appellee or motu 3. Remand the case to the RTC for new trial or retrial
proprio and with notice to the appellant in either case, dismiss the 4. Dismiss the case
appeal if the appellant fails to file his brief within the time
prescribed by this Rule, except where the appellant is represented WHY CANNOT THE CA REVISE THE JUDGMENT OF THE LOWER
by a counsel de officio. COURT?
2. The Court of Appeals may also, upon motion of the appellee or  The power to revise is not given because it is changing the
motu proprio, dismiss the appeal if the appellant escapes from manner of the penning of the judgment of the trial judge
prison or confinement  It is violative of the rule that the judge must write the decision
3. The Court of Appeals may also, upon motion of the appellee or personally
motu proprio, dismiss the appeal if the appellant jumps bail

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DISTINGUISH MODIFY AND REVISE Justices to sit temporarily with them, forming a special division of
MODIFY REVISE five (5) members and the concurrence of a majority of such
The appellate court bases its The decision of the trial court judge division shall be necessary for the pronouncement of a judgment or
modification on errors in the facts or is revised merely on the manner it final resolution. The designation of such additional Justices shall be
laws of the case is written made strictly by raffle and rotation among all other Justices of the
Court of Appeals.
MUST ALL BE ALLEGED IN THE APPEAL IN ORDER TO REVIEW THE
CASE IN ITS ENTIRETY? Whenever the Court of Appeals find that the penalty of death,
 No. reclusion perpetua, or life imprisonment should be imposed in a
 An appeal in criminal proceedings throws the whole case open for case, the court, after discussion of the evidence and the law
review. It is the duty of the appellate court to correct such errors involved, shall render judgment imposing the penalty of death,
as might be found in the appealed judgment, whether they are reclusion perpetua, or life imprisonment as the circumstance
assigned or not. warrant. However, it shall refrain from entering the judgment and
forthwith certify the case and elevate the entire record thereof to
Sec. 12. Power to receive evidence. – The Court of Appeals shall the Supreme Court for review.
have the power to try cases and conduct hearings, receive evidence
and perform any and all acts necessary to resolve factual issues HOW DOES THE CA DECIDE THE CASE?
raised in cases (a) falling within its original jurisdiction, (b)  Three (3) Justices of the Court of Appeals shall constitute a
involving claims for damages arising from provisional remedies, or quorum for the sessions of a division.
(c) where the court grants a new trial based only on the ground of  The unanimous vote of the three (3) Justices of a division shall be
newly-discovered evidence. necessary for the pronouncement of a judgment or final
resolution, which shall be reached in consultation before the
CAN THE COURT OF APPEALS ACCEPT EVIDENCE DURING AN writing of the opinion by a member of the division.
APPEAL?  In the event that the three (3) Justices can not reach a unanimous
 Generally, an appellate court doesn’t accept new evidence during vote, the Presiding Justice shall direct the raffle committee of the
an appeal. Its decision is based on the records and other Court to designate two (2) additional Justices to sit temporarily
documents forwarded to it by the lower courts with them, forming a special division of five (5) members and the
 It can accept evidence though in the resolution of contentious concurrence of a majority of such division shall be necessary for
factual issues, which are raised in cases: the pronouncement of a judgment or final resolution. The
1. Falling within its original jurisdiction designation of such additional Justices shall be made strictly by
2. Involving claim for damages arising from provisional raffle and rotation among all other Justices of the Court of
remedies Appeals.
3. Where the court grants a new trial based on the ground  NB: There is tyranny of the minority. In case one of the three
of newly-discovered evidence justices in a division disagrees, he wins even if it is 2 against 1.

Sec. 13. Quorum of the court; certification or appeal of cases to A.M. No. 00-5-03-SC
Supreme Court. – Three (3) Justices of the Court of Appeals shall RE: AMENDMENTS TO THE REVISED RULES OF CRIMINAL
constitute a quorum for the sessions of a division. The unanimous PROCEDURE TO GOVERN DEATH PENALTY CASES
vote of the three (3) Justices of a division shall be necessary for
the pronouncement of a judgment or final resolution, which shall RESOLUTION
be reached in consultation before the writing of the opinion by a
member of the division. In the event that the three (3) Justices can Acting on the recommendation of the Committee on Revision of the
not reach a unanimous vote, the Presiding Justice shall direct the Rules of Court submitting for this Court's consideration and
raffle committee of the Court to designate two (2) additional approval the Proposed Amendments to the Revised Rules of

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Criminal Procedure To Govern Death Penalty Cases, the Court automatically review the judgment as provided in Section 10 of this
Resolved to APPROVE the same. Rule. (3a)

The amendments shall take effect on October 15, 2004 following its xxx
publication in a newspaper of general circulation not later than
September 30, 2004. Sec. 10. Transmission of records in case of death penalty. — In all
cases where the death penalty is imposed by the trial court, the
September 28, 2004. records shall be forwarded to the Court of Appeals for automatic
review and judgment within twenty days but not earlier than
Davide, Jr., C.J., Puno, Panganiban, Quisumbing, Ynares-Santiago, fifteen days from the promulgation of the judgment or notice of
Sandoval-Gutierrez, Carpio, Austria-Martinez, Corona, Carpio- denial of a motion for new trial or reconsideration. The transcript
Morales, Callejo, Sr., and Tinga, JJ., concur. shall also be forwarded within ten days after the filing thereof by
the stenographic reporter. (10a)
Azcuna and Chico-Nazario, JJ., on leave.
xxx
AMENDED RULES TO GOVERN REVIEW OF DEATH PENALTY CASES
Rule 124
Rule 122, Sections 3 and 10, and Rule 124, Sections 12 and 13, of
the Revised Rules of Criminal Procedure, are amended as follows: Sec. 12. Power to receive evidence.—The Court of Appeals shall
have the power to try cases and conduct hearings, receive evidence
Rule 122 and perform all acts necessary to resolve factual issues raised in
cases falling within its original and appellate jurisdiction, including
Sec. 3. How appeal taken.—(a) The appeal to the Regional Trial the power to grant and conduct new trials or further proceedings.
Court, or to the Court of Appeals in cases decided by the Regional Trials or hearings in the Court of Appeals must be continuous and
Trial Court in the exercise of its original jurisdiction, shall be by must be completed within three months, unless extended by the
notice of appeal filed with the court which rendered the judgment Chief Justice. 12(a)
or final order appealed from and by serving a copy thereof upon the
adverse party. Sec. 13. Certification or appeal of case to the Supreme Court.—(a)
Whenever the Court of Appeals finds that the penalty of death
(b) The appeal to the Court of Appeals in cases decided by the should be imposed, the court shall render judgment but refrain
Regional Trial Court in the exercise of its appellate jurisdiction shall from making an entry of judgment and forthwith certify the case
be by petition for review under Rule 42. and elevate its entire record to the Supreme Court for review.

(c) The appeal in cases where the penalty imposed by the Regional (b) Where the judgment also imposes a lesser penalty for offenses
Trial Court is reclusion perpetua, life imprisonment or where a committed on the same occasion or which arose out of the same
lesser penalty is imposed for offenses committed on the same occurrence that gave rise to the more severe offense for which the
occasion or which arose out of the same occurrence that gave rise penalty of death is imposed, and the accused appeals, the appeal
to the more, serious offense for which the penalty of death, shall be included in the case certified for review to, the Supreme
reclusion perpetua, or life imprisonment is imposed, shall be by Court.
notice of appeal to the Court of Appeals in accordance with
paragraph (a) of this Rule. (c) In cases where the Court of Appeals imposes reclusion
perpetua, life imprisonment or a lesser penalty, it shall render and
(d) No notice of appeal is necessary in cases where the Regional enter judgment imposing such penalty. The judgment may be
Trial Court imposed the death penalty. The Court of Appeals shall

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appealed to the Supreme Court by notice of appeal filed with the  The evidence must be discovered after the perfection of appeal,
Court of Appeals. but before the CA renders its judgment, because after the
perfection of the appeal, the trial court loses its jurisdiction. On
WHAT IS THE PROCEDURE WHEN THE CA FINDS THAT THE PENALTY the other hand, prior perfection of an appeal, the party
TO BE IMPOSED IS DEATH, RECLUSION PERPETUA, OR LIFE discovering the new evidence may file a motion for new trial with
IMPRISONMENT? the trial court anyway.
 Whenever the Court of Appeals finds that the penalty of death
should be imposed, the court shall render judgment but refrain INSTEAD OF FILING A MOTION FOR NEW TRIAL, CAN A PARTY FILE
from making an entry of judgment and forthwith certify the case A MOTION FOR RECONSIDERATION INSTEAD?
and elevate its entire record to the Supreme Court for review.  No since a motion for reconsideration only covers errors of facts or
laws and not newly-discovered evidence, which pertains
 Where the judgment also imposes a lesser penalty for offenses
committed on the same occasion or which arose out of the same exclusively as a ground for new trial
occurrence that gave rise to the more severe offense for which the
penalty of death is imposed, and the accused appeals, the appeal WHY IS THE PERIOD FOR FILING A MOTION FOR NEW TRIAL FROM
shall be included in the case certified for review to, the Supreme A DECISION OF THE RTC DIFFERENT FROM THAT OF THE CA?
Court.  For the reason that at some point in time, the case must end.
 In cases where the Court of Appeals imposes reclusion perpetua,
life imprisonment or a lesser penalty, it shall render and enter Sec. 15. Where new trial conducted. – When a new trial is granted,
judgment imposing such penalty. The judgment may be appealed the Court of Appeals may conduct the hearing and receive evidence
to the Supreme Court by notice of appeal filed with the Court of as provided in section 12 of this Rule or refer the trial to the court
Appeals. of origin.

WHAT IF THE DECISION APPEALED TO THE CA IS PURELY Sec. 16. Reconsideration. – A motion for reconsideration shall be
QUESTIONS OF LAW? filed within fifteen (15) days from notice of the decision or final
order of the Court of Appeals with copies thereof served upon the
 The CA may certify it to the SC directly
adverse party, setting forth the grounds in support thereof. The
Sec. 14. Motion for new trial. – At any time after the appeal from mittimus shall be stayed during the pendency of the motion for
the lower court has been perfected and before the judgment of the reconsideration. No party shall be allowed a second motion for
reconsideration of a judgment or final order.
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 WHEN SHOULD A MOTION FOR RECONSIDERATION BE FILED?
the provisions of section 4, Rule 121.  A motion for reconsideration shall be filed within fifteen (15) days
from notice of the decision or final order of the Court of Appeals
CAN THE CA CONDUCT A NEW TRIAL? with copies thereof served upon the adverse party, setting forth
the grounds in support thereof.
 Yes, the ground for new trial is based on newly-discovered
evidence and the motion shall conform with the provisions of  The mittimus shall be stayed during the pendency of the motion
Section 4, Rule 121 for reconsideration.
 No party shall be allowed a second motion for reconsideration of a
WHAT IS NEWLY-DISCOVERED EVIDENCE? judgment or final order.
 This is material evidence that can change the outcome of the
judgment when admitted WHAT IS THE MEANING OF MITTIMUS?
 It is the process issued by the court after conviction to carry out
WHEN SHOULD THE NEWLY-DISCOVERED EVIDENCE BE the final judgment such as commanding a prison warden to hold
DISCOVERED? the accused in accordance with the terms of the judgment

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criminal cases rendered by the Court of Appeals shall be the same

Sec. 17. Judgment transmitted and filed in trial court. – When the as in civil cases.
entry of judgment of the Court of Appeals is issued, a certified true
copy of the judgment shall be attached to the original record which Sec. 3. Decision if opinion is equally divided. – When the Supreme
shall be remanded to the clerk of the court from which the appeal Court en banc is equally divided in opinion or the necessary
was taken. majority cannot be had on whether to acquit the appellant, the
case shall again be deliberated upon and if no decision is reached
WHAT SHOULD BE DONE AFTER THE JUDGMENT OF THE CA HAS after re-deliberation, the judgment of conviction of lower court
BECOME FINAL? shall be reversed and the accused acquitted.
 When the judgment of the CA becomes final, a certified true copy
of the judgment shall be attached to the original record which WHY SHOULD THE JUDGMENT RESULT IN ACQUITTAL IF NO
shall be remanded to the clerk of the court from which the appeal DECISION IS REACHED AFTER RE-DELIBERATION?
was taken.  Because of the presumption of innocence where all doubts should
be resolved in favor of the accused and the principle that when
Sec. 18. Application of certain rules in civil procedure to criminal inculpatory facts are susceptible of 2 or more interpretations, the
cases. – The provisions of Rules 42, 44 to 46 and 48 to 56 relating ambiguity must be decided in favor of the accused.
to procedure in the Court of Appeals and in the Supreme Court in
original and appealed civil cases shall be applied to criminal cases RULE 126 - SEARCH AND SEIZURE
insofar as they are applicable and not inconsistent with the
provision of this Rule. Section 1. Search warrant defined. – A search warrant is an order
in writing issued in the name of the People of the Philippines,
RULE 125 - PROCEDURE IN THE SUPREME COURT signed by a judge and directed to a peace officer, commanding him
to search for personal property described therein and bring it
Section 1. Uniform Procedure. – Unless otherwise provided by the before the court.
Constitution or by law, the procedure in the Supreme Court in
original and in appealed cases shall be the same as in the Court of WHAT IS A SEARCH WARRANT?
Appeals.  A search warrant is an order in writing issued in the name of the
People of the Philippines, signed by a judge and directed to a
HOW MANY VOTES ARE NEEDED? peace officer, commanding him to search for personal property
 The rule is that the majority is needed to decide a case en banc described therein and bring it before the court.
 An exception is that when all are not present, majority of all those
present/who constitute a quorum and actually participated in the WHAT IS THE CONCEPT OF A SEARCH WARRANT?
deliberations.  It is a criminal process akin to a mode of discovery
o There must be a quorum  It is a special and peculiar remedy, which is drastic in nature
o Majority of those who participated and voted shouldn’t be
less than 5 ARE SEARCH AND SEIZURES PROHIBITED UNDER THE
 Division of 7: majority not less than 5; division of 5: majority not CONSTITUTION?
less than 3; division of 3: unanimous decision, if the unanimous  No. The constitutional guarantee embodied in Article 3, Section 2
decision couldn’t be obtained, 2 justices must be temporarily of the Constitution is not a blanket prohibition against all searches
assigned to the division by raffle and seizures as it operates only against unreasonable searches
and seizures
Sec. 2. Review of decisions of the Court of Appeals. – The
procedure for the review by the Supreme Court of decisions in WHEN IS THE SEARCH OR SEIZURE UNREASONABLE?

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 A search and seizure is unreasonable if it is made without a WHY ARE THE REQUIREMENTS FOR THE ISSUANCE OF A SEARCH
warrant, or the warrant was invalidly issued. WARRANT MORE STRINGENT THAN THE REQUIREMENTS FOR THE
 In all instances, what constitutes reasonable or unreasonable ISSUANCE OF A WARRANT OF ARREST?
search or seizure is a purely judicial question determinable from a  The right against unreasonable search and seizure is a core right
consideration of the attendant circumstances. implicit in the natural right to life, liberty and property. Even in
the absence of a constitution, individuals have a fundamental and
DISTINGUISH BETWEEN A WARRANT OF ARREST AND SEARCH natural right against unreasonable search and seizure under
WARRANT natural law.
SEARCH WARRANT WARRANT OF ARREST  Moreover, the violation of the right to privacy produces a
QUANTUM OF The applicant must show The applicant must show humiliating effect that cannot be rectified anymore.
EVIDENCE; that the items sought probable cause that an  This is why there is no other justification to speak of for a search,
PROBABLE may be seized by virtue offense has been except for a warrant.
CAUSE; of their being connected committed; and that the  On the other hand, in a warrant of arrest, the person to be
CONCLUSIONS with criminal activity; person to be arrested arrested can always post bail to prevent the deprivation of liberty.
and that the items will committed it.
be found in the place to Sec. 2. Court where application for search warrant shall be filed. –
be searched. Moreover, the judge An application for search warrant shall be filed with the following:
need not conduct a
The judge must also personal examination of (a) Any court within whose territorial jurisdiction a crime was
conduct a personal, the applicant and his committed.
searching examination of witnesses. He may rely
the applicant and his on the affidavits of the (b) For compelling reasons stated in the application, any court
witnesses. witnesses, records of the within the judicial region where the crime was committed if the
preliminary place of the commission of the crime is known, or any court within
investigation, and the the judicial region where the warrant shall be enforced.
recommendation of the
prosecutor. However, if the criminal action has already been filed, the
application shall only be made in the court where the criminal
WHAT ARE THE THREE SITUATIONS WHEREIN THERE MUST BE action is pending.
FINDING OF PROBABLE CAUSE?
1. Probable cause in filing of an information WHERE SHOULD ONE FILE AN APPLICATION FOR SEARCH
 Facts and circumstances that would engender a well- WARRANT?
grounded belief that a crime has been committed and the  As a general rule, any court within whose territorial jurisdiction a
person to be charged is probably guilty thereof crime was committed BUT FOR COMPELLING REASONS stated in
2. Probable cause in the issuance of a search warrant the application, any court within the judicial region where the
 Facts and circumstances that would lead a reasonable crime was committed if the place of the commission of the crime
discreet and prudent man to believe that there has been a is known, or any court within the judicial region where the warrant
crime committed and the things and objects connected to the shall be enforced.
crime committed are in the place to be searched  For example, a drug syndicate keeps his drugs in a warehouse in
3. Probable cause in the issuance of a warrant of arrest Pasay for the reason that it has connections in Pasay and can
 Facts and circumstances that would engender a well- easily get a tip when the police officers will file for a search
grounded belief that a crime has been committed and the warrant. To avoid the drug syndicate from getting a tip of the
person to be arrested committed it impending search, the police officers apply for a search warrant in
Makati stating the compelling reason.

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 However, if the criminal action has already been filed, the 3. (Upon whom?) The complainant and the witnesses he may
application shall only be made in the court where the criminal produce are personally examined by the judge, in writing and
action is pending. under oath and affirmation
4. (Based on what?) The applicant and the witnesses testify on facts
Sec. 3. Personal property to be seized. – A search warrant may be personally known to them
issued for the search and seizure of personal property: 5. The probable cause must be in connection with the specific offense
6. The warrant specified describes the person and place to be
(a) Subject of the offense; searched and the things to be seized
7. The sworn statement together with the affidavits of the witnesses
(b) Stolen or embezzled and other proceeds, or fruits of the must be attached to the record
offense; or
WHAT IS THE PURPOSE FOR THE PARTICULARITY OF DESCRIPTION
(c) Used or intended to be used as the means of committing an OF THE PLACE TO BE SEARCHED AND THE THINGS TO BE SEIZED?
offense.  The evident purpose and intent of this requirement is to limit the
things to be seized to those, and only those, particularly described
WHAT MAY BE THE SUBJECT OF A SEARCH WARRANT? in the search warrant—to leave officers of the law with no
1. Subject of the offense; discretion regarding what articles they should seize, to the end
2. Stolen or embezzled and other proceeds, or fruits of the offense; that unreasonable searches and seizures may not be committed,
or that abuses may not be committed.
3. Used or intended to be used as the means of committing an
offense. Sec. 5. Examination of complainant; record. – The judge must,
before issuing the warrant, personally examine in the form of
IS IT NECESSARY THAT THE PERSON NAMED IN THE SEARCH searching questions and answers, in writing and under oath, the
WARRANT BE THE OWNER OF THE THINGS TO BE SEIZED? complainant and the witnesses he may produce on facts personally
 No, ownership is of no consequence. known to them and attach to the record their sworn statements,
 What is relevant is that the property is connected to an offense. together with the affidavits submitted.

Sec. 4. Requisites for issuing search warrant. – A search warrant WHEN IS THE AFFIDAVIT OR TESTIMONY OF THE WITNESS SAID
shall not issue except upon probable cause in connection with one TO BE BASED ON PERSONAL KNOWLEDGE?
specific offense to be determined personally by the judge after  The test is whether perjury could be charged against the witness
examination under oath or affirmation of the complainant and the
witness he may produce, and particularly describing the place to be WHAT ARE THE REQUISITES OF THE PERSONAL EXAMINATION
searched and the things to be seized which may be anywhere in the THAT THE JUDGE MUST CONDUCT BEFORE ISSUING THE SEARCH
Philippines. WARRANT?
1. The judge must examine the witness personally
WHAT ARE THE REQUISITES OF A VALID SEARCH WARRANT? 2. The examination must be under oath
1. There must be probable cause—facts and circumstances that 3. The examination must be reduced into writing in the form of
would engender a well-founded belief in a reasonable prudent and searching questions and answers
discreet man that a crime has been committed and the things and
objects to be seized can be found in the place to be searched Sec. 6. Issuance and form of search warrant. – If the judge is
2. Which must be determined by the judge personally through satisfied of the existence of facts upon which the application is
searching and probing questions—questions not merely based or that there is probable cause to believe that they exist, he
answerable by yes or no but could be answered by the applicant shall issue the warrant, which must be substantially in the form
and the witnesses on facts personally known to them prescribed by these Rules.

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Sec. 7. Right to break door or window to effect search. – The

WHAT IS A SCATTER SHOT WARRANT? officer, if refused admittance to the place of directed search after
 It is a warrant of arrest that is issued for more than one offense giving notice of his purpose and authority, may break open any
 It is void for the law requires that a warrant of arrest should only outer or inner door or window of a house or any part of a house or
be issued in connection with one specific offense anything therein to execute the warrant to liberate himself or any
person lawfully aiding him when unlawfully detained therein.
A WARRANT WAS ISSUED FOR THE SEIZURE OF DRUGS CONNECTED
WITH THE VIOLATION OF THE DANGEROUS DRUGS ACT. IS THE Sec. 8. Search of house, room, or premises to be made in presence
WARRANT VALID? of two witnesses. – No search of a house, room, or any other
 The warrant is valid premises shall be made except in the presence of the lawful
 Although there are many ways of violating the Dangerous Drugs occupant thereof or any member of his family or in the absence of
Act, it is not a scatter shot warrant since it is in connection with the latter, two witnesses of sufficient age and discretion residing in
only one penal law the same locality.

POLICE OFFICERS APPLIED FOR A WARRANT TO SEARCH DOOR #1 NOTE: The two witness rule only applies in the absence of the lawful
OF AN APARTMENT COMPLEX. THE COURT ISSUED THE WARRANT. occupants of the premises searched
WHEN THEY WENT TO THE APARTMENT COMPLEX, THEY REALIZED
THAT WHAT THEY THOUGHT WAS DOOR #1 WAS ACTUALLY DOOR PEACE OFFICERS RAIDED A HOUSE, WHICH WAS SUSPECTED TO BE
#7. CAN THEY SEARCH DOOR #7? A FACTORY FOR ILLEGAL DRUGS. DURING THE RAID, 8
 No, what is controlling is what is stated in the warrant, and not CHINESEMEN WERE FOUND INSIDE WHO COULDN’T SPEAK
what the peace officers had in mind, even if they were the ones ENGLISH OR FILIPINO. THE CHINESE WERE LOCKED INSIDE A
who gave it the description to the court. ROOM AND TWO WITNESSES WHO WERE NOT OCCUPANTS WERE
 This is to prevent abuses in the service of search warrants USED WHILE SEARCHING THE HOUSE AND SEIZING THE
PROHIBITED DRUGS. VALID?
CAN THE POLICE OFFICER SEIZE ANYTHING THAT IS NOT  No.
INCLUDED IN THE WARRANT?  The two-witness rule can only apply when there is absence of the
 No, anything not included in the warrant cannot be seized EXCEPT lawful occupants of the premises searched.
if its mala prohibita, in which case, the seizure is justified under  In this case, they locked the occupants in a room while doing the
the plain view doctrine. search and seizure and used 2 witnesses who weren’t the
 Even if the object was related to the crime, but it is not mentioned occupants of the premises.
in the warrant nor is it mala prohibita, it still cannot be seized
Sec. 9. Time of making search. – The warrant must direct that it be
POLICE OFFICERS WENT TO THE HOUSE TO EXECUTE A SEARCH served in the day time, unless the affidavit asserts that the
WARRANT. THEY FOUND A PISTOL ON THE TABLE, BUT THE PISTOL property is on the person or in the place ordered to be searched, in
WASN’T INCLUDED IN THE SEARCH WARRANT. CAN THEY SEIZE which case a direction may be inserted that it be served at any time
THE PISTOL? of the day or night.
 No, it is not mala prohibita and they have no proof that it is
unlicensed. WHEN SHOULD THE SEARCH WARRANT BE EXECUTED?
 If possible, it should be executed during the daytime
WHAT SHOULD THE POLICE OFFICER OR COURT TO DO THINGS  But in certain cases, such as when the things seized are mobile or
SEIZED ILLEGALLY? are in the person of the accused, it can be served during nighttime
 Anything seized illegally must be returned to the owner unless it is
mala prohibita. In such a case, it should be kept in custodia legis. Sec. 10. Validity of search warrant. – A search warrant shall be
valid for ten (10) days from its date. Thereafter, it shall be void.

BY: MA. ANGELA LEONOR C. AGUINALDO

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FOR HOW LONG IS THE SEARCH WARRANT VALID? IS THERE PERIL TO THE OWNER OF THE THINGS SEIZED IF HE IS
 It is valid for 10 days, after which the police officer should make a MADE TO SIGN THE BOOKING SHEET?
return to the judge who issued it  There is no peril since he would just be made to acknowledge
 If the police officer doesn’t make a return, the judge should that a case has been filed against him
summon him and require him to explain why no return was made
 If the return was made, the judge should determine if the peace THE ACCUSED WAS ARRESTED DURING A BUY-BUST OPERATION.
officer issued the receipt to the occupant of the premises from PESO BILLS WERE SEIZED FROM HIM. CAN THE ACCUSED BE MADE
which the things were taken. TO SIGN THE BILLS?
 The judge shall also order the delivery to the court of the things  Yes, having the bills is not a crime.
seized.  This applies even if the bills involved is marked money.

IF THE WARRANT WAS EXECUTED EVEN BEFORE THE EXPIRATION Sec. 12. Delivery of property and inventory thereof to court; return
OF THE 10-DAY PERIOD, CAN THE PEACE OFFICER USE THE and proceedings thereon. –
WARRANT AGAIN BEFORE IT EXPIRES?
 No, of the purpose for which it was issued has already been (a) The officer must forthwith deliver the property seized to the
carried out, the warrant cannot be used anymore. judge who issued the warrant, together with a true inventory
 The exception is if the search wasn’t finished within 1 day, the thereof duly verified under oath.
warrant can still be used the next day, provided it is still within
the 10-day period (b) Ten (10) days after issuance of the search warrant, the issuing
judge shall ascertain if the return has been made, and if none, shall
Sec. 11. Receipt for the property seized. – The officer seizing the summon the person to whom the warrant was issued and require
property under the warrant must give a detailed receipt for the him to explain why no return was made. If the return has been
same to the lawful occupant of the premises in whose presence the made, the judge shall ascertain whether section 11 of this Rule has
search and seizure were made, or in the absence of such occupant, been complied with and shall require that the property seized be
must, in the presence of at least two witnesses of sufficient age delivered to him. The judge shall see to it that subsection (a)
and discretion residing in the same locality, leave a receipt in the hereof has been complied with.
place in which he found the seized property.
(c) The return on the search warrant shall be filed and kept by the
WHAT IS THE DUTY OF THE OFFICER WHEN HE SEIZES THE custodian of the log book on search warrants who shall enter
PROPERTY? therein the date of the return, the result, and other actions of the
 The officer seizing the property under the warrant must give a judge.
detailed receipt for the same to the lawful occupant of the
premises in whose presence the search and seizure were made, A violation of this section shall constitute contempt of court.
or in the absence of such occupant, must, in the presence of at
least two witnesses of sufficient age and discretion residing in the WHAT IS THE DUTY OF THE OFFICER AFTER THE PROPERTY
same locality, leave a receipt in the place in which he found the SOUGHT UNDER THE SEARCH WARRANT HAS BEEN SEIZED?
seized property.  The officer must forthwith deliver the property seized to the judge
who issued the warrant, together with a true inventory thereof
CAN THE OWNER OF THE THINGS SEIZED BE MADE TO SIGN THE duly verified under oath.
RECEIPT?
 No since this would be tantamount to a violation of one’s right Sec. 13. Search incident to lawful arrest. – A person lawfully
against self-incrimination. It is a confession without the arrested may be searched for dangerous weapons or anything
assistance of counsel.

BY: MA. ANGELA LEONOR C. AGUINALDO

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which may have been used or constitute proof in the commission of

an offense without a search warrant. WHEN IS THE WARRANTLESS SEARCH OF A MOVING VEHICLE
ALLOWED?
IN WHAT INSTANCES WOULD A SEARCH AND SEIZURE WITHOUT A  It is allowed when it is not practicable to secure a warrant
WARRANT BE ALLOWED?
1. A warrantless search incidental to a lawful arrest WHAT ARE THE REQUIREMENTS IN A WARRANTLESS SEARCH
a. Arrest must be lawful INCIDENTAL TO A LAWFUL ARREST?
b. It must be contemporaneous with the arrest in both time 1. Arrest must be lawful
and place 2. It must be contemporaneous with the arrest in both time and
c. Within the vicinity of the person arrested, immediate place
control, which is the evidence of the offense or weapon 3. Within the vicinity of the person arrested, immediate control,
2. Search of evidence in plain view which is the evidence of the offense or weapon
3. Search of a moving vehicle
a. Must be cursory NOLASCO V. PAÑO - 147 SCRA 509
b. Cant make a thorough search; just have to take a look; FACTS:
not to open trunks The case at bar is for the motion for partial reconsideration of both
4. Consented warrantless searches petitioners and respondents of the SC’s decision that the questioned search
a. The right exists warrant by petitioners is null and void, that respondents are enjoined from
b. Person making the consent knows that he has the right introducing evidence using such search warrant, but such personalities
c. In spite of the knowledge of the right, he voluntarily and obtained would still be retained, without prejudice to petitioner Aguilar-
intelligently gives his consent
Roque. Respondents contend that the search warrant is valid and that it
5. Customs searches should be considered in the context of the crime of rebellion, where the
6. Stop and frisk warrant was based. Petitioners on the other hand, on the part of petitioner
7. Exigent and emergency circumstances Aguilar-Roque, contend that a lawful search would be justified only by a
8. Checkpoints
lawful arrest. And since there was illegal arrest of Aguilar-Roque, the
9. Republic Act requiring inspections or body checks in airports search was unlawful and that the personalities seized during the illegal
10. Emergency search should be returned to the petitioner. The respondents, in defense,
11. In times of war and within military operations concede that the search warrants were null and void but the arrests were
not.
WHAT ARE THE INSTANCES OF A PERMISSIBLE WARRANTLESS HELD:
ARREST? "Any evidence obtained in violation of this . . . section shall be inadmissible
1. Arrest in flagrante delicto
for any purpose in any proceeding" (Sec. 4[2]). This constitutional
2. Arrest effected in hot pursuit mandate expressly adopting the exclusionary rule has proved by historical
3. Arrests of escaped prisoners experience to be the only practical means of enforcing the constitutional
injunction against unreasonable searches and seizures by outlawing all
WHAT IS THE AREA OF COVERAGE OF AN OFFICER’S SEARCH? IS IT evidence illegally seized and thereby removing the incentive on the part of
LIMITED TO THE PERSON OF THE ACCUSED? state and police officers to disregard such basic rights. What the plain
 Under this rule, the search being an incident to a lawful arrest language of the Constitution mandates is beyond the power of the courts to
may extend beyond the person of the one arrested to include the
change or modify. All the articles thus seized fag under the exclusionary
premises or surrounding under his immediate control rule totally and unqualifiedly and cannot be used against any of the three
 The search must be made after the arrest. The objective is to petitioners.
make sure that the life of the peace officer will not be
endangered. It must be contemporaneous with the arrest in both PEOPLE V. MUSA - 217 SCRA 597
time and place.
FACTS:

BY: MA. ANGELA LEONOR C. AGUINALDO

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Accused seeks the reversal of his conviction for violating the Dangerous 1. There must have been a prior valid intrusion based on the
Drugs Act. He was found guilty of selling marijuana leaves to a police warrantless arrest in which the police are legally present in the
pursuit of their official duties
officer in an entrapment operation.
HELD: 2. The evidence was inadvertently discovered by the police who had
There is no doubt that the warrantless search incidental to a lawful arrest the right to be where they are
authorizes the arresting officer to make a search upon the person of the 3. The evidence must be immediately apparent
4. There was no need for further search
person arrested. Hence, in a buy-bust operation conducted to entrap a
drug-pusher, the law enforcement agents may seized the marked money
found on the person of the pusher immediately after the arrest even WHAT IS A STOP AND FRISK SITUATION? WHEN IS IT VALID?
without arrest or search warrants. Furthermore, it may extend beyond to  It is a situation wherein there is a limited protective search of
outer clothing for weapons
include the premises or surroundings under his immediate control.
 While probable cause is not required to conduct a stop and frisk,
PEOPLE V. BURGOS - 144 SCRA 1 mere suspicion or a hunch will not validate such a procedure.
 A genuine reason must exist, in light of the police officer’s
FACTS:
Due to an information given by a person, who allegedly was being forcibly experience and surrounding conditions, to warrant the belief that
recruited by accused to the NPA, the members of the Constabulary went to the person has detained the weapons concealed about him.
the house of accused, asked about his firearm and documents connected to
subversive activities. Accused pointed to where his firearm was as well as PEOPLE V. MENGOTE - 210 SCRA 174
his other documents allegedly. FACTS:
HELD: Information was given about three suspicious looking persons. A
The right of the person to be secure against any unreasonable seizure of surveillance team was then deployed. Upon seeing that the men were
his body and any deprivation of liberty is a most basic and fundamental looking side-by-side and one holding his abdomen, the policemen
one. The statute or rule, which allows exceptions to the requirement of approached the group and the latter tried to run away. The suspects were
warrants of arrest is strictly construed. Any exception must clearly fall then searched wherein a handgun and fan knife was seized. It was found
within the situations when securing a warrant would be absurd or is later on that the handgun was part of those stolen from a house wherein a
manifestly unnecessary as provided by the Rule. We cannot liberally robbery was staged.
construe the rule on arrests without warrant or extend its application HELD:
beyond the cases specifically provided by law. To do so would infringe A person may not be stopped and frisked in broad daylight on a busy street
upon personal liberty and set back a basic right so often violated and so on mere unexplained suspicion.
deserving of full protection.
MANALILI V. COURT OF APPEALS - 280 SCRA 400
WHO SHOULD GIVE CONSENT TO A WARRANTLESS SEARCH AND FACTS:
WHAT ARE THE REQUISITES? Narcotics officers were doing surveillance and chanced upon the accused in
 Only the person whose right may be violated can give the a cemetery who seemed to be high on drugs. He tried to resist the police
consent; it is a personal right that cannot be availed of by third officers and upon inquiry, found that the accused was possessing what
seemed to be crushed marijuana leaves.
parties. The requisites are:
1. The person has knowledge of his right against the search HELD:
2. He freely and intelligently gives his consent in spite of such A stop-and-frisk was defined as the vernacular designation of the right of a
knowledge police officer to stop a citizen on the street, interrogate him, and pat him
for weapons. It has been held as one of the exceptions to the general rule
WHAT ARE THE REQUISITES FOR THE PLAIN VIEW DOCTRINE TO against searches without warrant.
APPLY?

BY: MA. ANGELA LEONOR C. AGUINALDO

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Sec. 14. Motion to quash a search warrant or to suppress evidence; MOVES FOR THE SUSPENSION OF THE PRELIMINARY
where to file. – A motion to quash a search warrant and/or to INVESTIGATION. VALID AND PROPER?
suppress evidence obtained thereby may be filed in and acted upon  No, the preliminary investigation is of different nature from
only by the court where the action has been instituted. If no deciding on whether to grant the motion to quash the warrant
criminal action has been instituted, the motion may be filed in and  The result of one will not affect the other. One deals on probable
resolved by the court that issued search warrant. However, if such cause on whether there are facts and circumstances that would
court failed to resolve the motion and a criminal case is engender a well-founded belief that a crime has been committed
subsequently filed in another court, the motion shall be resolved by and the accused is probably guilty thereof. The other deals on
the latter court. whether the things and objects were seized legally or not.

A POLICE OFFICER WAS GRANTED TO SEARCH THE HOUSE FOR NOTE: The Motion To Quash, filed in the issuing court, or to Suppress
REBEL OFFICERS. CAN THE POLICEMAN CONDUCT A Evidence, filed with the court trying the case, are alternative, not
WARRANTLESS SEARCH? cumulative remedies. If one is filed, the other can no longer be availed of.
 NO, the permission didn’t include the room to room search and The court first taking cognizance of the motion does so to exclusion of the
anything confiscated will be inadmissible other. The proceedings thereon are subject to the omnibus motion rule
and the rule against forum shopping.
IF AN OBJECT HAS BEEN SEIZED UPON ORDERS OF THE COURT,
MAY A COORDINATE COURT ISSUE A REPLEVIN ORDER FOR THE WHAT IS THE TOTAL EXCLUSIONARY RULE?
RELEASE OF THE OBJECT?  Things and objects seized in violation of the right against
 No, only the court that ordered its confiscation may release the unreasonable searches and seizures are fruits of the poisonous
object tree and are inadmissible as evidence

IF THE ARRESTED PERSON SIGNS THE RECEIPT OF THE PROPERTY RULE 127 - PROVISIONAL REMEDIES IN CRIMINAL CASES
SEIZED WITHOUT THE ASSISTANCE OF COUNSEL, IS THE RECEIPT
ADMISSIBLE? Section 1. Availability of provisional remedies. – The provisional
 No, because it was done without assistance of counsel remedies in civil actions, insofar as they are applicable, may be
availed of in connection with the civil action deemed instituted with
WHAT IS THE MULTI-FACTOR BALANCING TEST? the criminal action.
 It requires officers to weigh the manner and intensity of the
interference of the right of the people, the gravity of the crime Sec. 2. Attachment. – When the civil action is properly instituted in
committed, and the circumstances attending the incident. the criminal action as provided in Rule 111, the offended party may
have the property of the accused attached as security for the
WHERE SHOULD ONE FILE THE NOTION TO QUASH WARRANT OR satisfaction of any judgment that may be recovered from the
TO SUPPRESS EVIDENCE? accused in the following cases:
1. In the court where the action has been instituted
2. If no criminal action has been filed, in the court that issued the (a) When the accused is about to abscond from the Philippines;
warrant
3. However, if said court failed to resolve the motion and a criminal (b) When the criminal action is based on a claim for money or
case is subsequently filed in another court, the motion shall be property embezzled or fraudulently misapplied or converted to the
filed in the latter court use of the accused who is a public officer, officer of a corporation,
attorney, factor, broker, agent or clerk, in the course of his
A MOTION TO QUASH WAS FILED IN THE COURT WHERE THE employment as such, or by any other person in a fiduciary capacity,
CRIMINAL ACTION WAS FILED. DURING THIS TIME, THE or for a willful violation of duty;
PRELIMINARY INVESTIGATION WAS ONGOING. THE ACCUSED

BY: MA. ANGELA LEONOR C. AGUINALDO

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(c) When the accused has concealed, removed, or disposed of his

property, or is about to do so; and

(d) When the accused resides outside the Philippines.

WHEN CAN THE OFFENDED PARTY HAVE THE PROPERTY OF THE

ACCUSED ATTACH WHEN A CIVIL ACTION IS INSTITUTED WITH
THE CRIMINAL ACTION?
 When the accused is about to abscond from the Philippines;
 When the criminal action is based on a claim for money or
property embezzled or fraudulently misapplied or converted to the
use of the accused who is a public officer, officer of a corporation,
attorney, factor, broker, agent or clerk, in the course of his
employment as such, or by any other person in a fiduciary
capacity, or for a willful violation of duty;
 When the accused has concealed, removed, or disposed of his
property, or is about to do so; and
 When the accused resides outside the Philippines.

NOTE S

BY: MA. ANGELA LEONOR C. AGUINALDO

ATENEO LAW 2010