CRIMINAL PROCEDURE Section 5.

Who must prosecute criminal

actions. — All criminal actions commenced by a
RULE 110 complaint or information shall be prosecuted
Prosecution of Offenses under the direction and control of the
prosecutor. However, in Municipal Trial Courts
Section 1. Institution of criminal actions. — or Municipal Circuit Trial Courts when the
Criminal actions shall be instituted as follows: prosecutor assigned thereto or to the case is not
available, the offended party, any peace officer,
(a) For offenses where a preliminary or public officer charged with the enforcement
investigation is required pursuant to of the law violated may prosecute the case. This
section 1 of Rule 112, by filing the authority cease upon actual intervention of the
complaint with the proper officer for prosecutor or upon elevation of the case to the
the purpose of conducting the Regional Trial Court.
requisite preliminary investigation.
(b) For all other offenses, by filing the The crimes of adultery and concubinage
complaint or information directly with shall not be prosecuted except upon a complaint
the Municipal Trial Courts and filed by the offended spouse. The offended party
Municipal Circuit Trial Courts, or the cannot institute criminal prosecution without
complaint with the office of the including the guilty parties, if both alive, nor, in
prosecutor. In Manila and other any case, if the offended party has consented to
chartered cities, the complaint shall be the offense or pardoned the offenders.
filed with the office of the prosecutor The offenses of seduction, abduction and
unless otherwise provided in their acts of lasciviousness shall not be prosecuted
charters. except upon a complaint filed by the offended
The institution of the criminal action shall party or her parents, grandparents or guardian,
interrupt the running period of prescription of nor, in any case, if the offender has been
the offense charged unless otherwise provided expressly pardoned by any of them. If the
in special laws. (1a) offended party dies or becomes incapacitated
before she can file the complaint, and she has no
Section 2. The Complaint or information. — known parents, grandparents or guardian, the
The complaint or information shall be in writing, State shall initiate the criminal action in her
in the name of the People of the Philippines and behalf.
against all persons who appear to be
responsible for the offense involved. (2a) The offended party, even if a minor, has
the right to initiate the prosecution of the
Section 3. Complaint defined. — A complaint offenses of seduction, abduction, and acts of
is a sworn written statement charging a person lasciviousness independently of her parents,
with an offense, subscribed by the offended grandparents, or guardian, unless she is
party, any peace officer, or other public officer incompetent or incapable of doing so. Where the
charged with the enforcement of the law offended party, who is a minor, fails to file the
violated. (3) complaint, her parents, grandparents, or
guardian may file the same. The right to file the
Section 4. Information defined. — An
action granted to parents, grandparents or
information is an accusation in writing charging
guardian shall be exclusive of all other persons
a person with an offense, subscribed by the
and shall be exercised successively in the order
prosecutor and filed with the court. (4a)
herein provided, except as stated in the
preceding paragraph.
 Section 9. Cause of the accusation. — The acts
or omissions complained of as constituting the
No criminal action for defamation which
offense and the qualifying and aggravating
consists in the imputation of the offenses
circumstances must be stated in ordinary and
mentioned above shall be brought except at the
concise language and not necessarily in the
instance of and upon complaint filed by the
language used in the statute but in terms
offended party. (5a)
sufficient to enable a person of common
The prosecution for violation of special understanding to know what offense is being
laws shall be governed by the provisions thereof. charged as well as its qualifying and aggravating
(n) circumstances and for the court to pronounce
judgment. (9a)
Section 6. Sufficiency of complaint or
information. — A complaint or information is Section 10. Place of commission of the
sufficient if it states the name of the accused; the offense. — The complaint or information is
designation of the offense given by the statute; sufficient if it can be understood from its
the acts or omissions complained of as allegations that the offense was committed or
constituting the offense; the name of the some of the essential ingredients occurred at
offended party; the approximate date of the some place within the jurisdiction of the court,
commission of the offense; and the place where unless the particular place where it was
the offense was committed. committed constitutes an essential element of
the offense or is necessary for its identification.
When an offense is committed by more
(10a)
than one person, all of them shall be included in
the complaint or information. (6a) Section 11. Date of commission of the
offense. — It is not necessary to state in the
Section 7. Name of the accused. — The
complaint or information the precise date the
complaint or information must state the name
offense was committed except when it is a
and surname of the accused or any appellation
material ingredient of the offense. The offense
or nickname by which he has been or is known.
may be alleged to have been committed on a
If his name cannot be ascertained, he must be
date as near as possible to the actual date of its
described under a fictitious name with a
commission. (11a)
statement that his true name is unknown.
Section 12. Name of the offended party. —
If the true name of the accused is
The complaint or information must state the
thereafter disclosed by him or appears in some
name and surname of the person against whom
other manner to the court, such true name shall
or against whose property the offense was
be inserted in the complaint or information and
committed, or any appellation or nickname by
record. (7a)
which such person has been or is known. If
Section 8. Designation of the offense. — The there is no better way of identifying him, he
complaint or information shall state the must be described under a fictitious name.
designation of the offense given by the statute,
(a) In offenses against property, if the name
aver the acts or omissions constituting the
of the offended party is unknown, the
offense, and specify its qualifying and
property must be described with such
aggravating circumstances. If there is no
particularity as to properly identify the
designation of the offense, reference shall be
offense charged.
made to the section or subsection of the statute
(b) If the true name of the of the person
punishing it. (8a)
against whom or against whose properly
the offense was committed is thereafter
 disclosed or ascertained, the court must Section 15. Place where action is to be
cause the true name to be inserted in the instituted. —
complaint or information and the record.
(a) Subject to existing laws, the criminal action
(c) If the offended party is a juridical person,
shall be instituted and tried in the court of the
it is sufficient to state its name, or any
municipality or territory where the offense was
name or designation by which it is
committed or where any of its essential
known or by which it may be identified,
ingredients occurred.
without need of averring that it is a
juridical person or that it is organized in (c) Where an offense is committed in a
accordance with law. (12a) train, aircraft, or other public or
private vehicle while in the course of
Section 13. Duplicity of the offense. — A
its trip, the criminal action shall be
complaint or information must charge but one
instituted and tried in the court of any
offense, except when the law prescribes a single
municipality or territory where such
punishment for various offenses. (13a)
train, aircraft or other vehicle passed
Section 14. Amendment or substitution. — A during such its trip, including the place
complaint or information may be amended, in of its departure and arrival.
form or in substance, without leave of court, at (d) Where an offense is committed on
any time before the accused enters his plea. board a vessel in the course of its
After the plea and during the trial, a formal voyage, the criminal action shall be
amendment may only be made with leave of instituted and tried in the court of the
court and when it can be done without causing first port of entry or of any
prejudice to the rights of the accused. municipality or territory where the
vessel passed during such voyage,
However, any amendment before plea,
subject to the generally accepted
which downgrades the nature of the offense
principles of international law.
charged in or excludes any accused from the
(e) Crimes committed outside the
complaint or information, can be made only
Philippines but punishable under
upon motion by the prosecutor, with notice to
Article 2 of the Revised Penal Code
the offended party and with leave of court. The
shall be cognizable by the court where
court shall state its reasons in resolving the
the criminal action is first filed. (15a)
motion and copies of its order shall be furnished
all parties, especially the offended party. (n) Section 16. Intervention of the offended
party in criminal action. — Where the civil
If it appears at any time before judgment
action for recovery of civil liability is instituted
that a mistake has been made in charging the
in the criminal action pursuant to Rule 111, the
proper offense, the court shall dismiss the
offended party may intervene by counsel in the
original complaint or information upon the filing
prosecution of the offense. (16a)
of a new one charging the proper offense in
accordance with section 19, Rule 119, provided
the accused shall not be placed in double RULE 111
jeopardy. The court may require the witnesses to Prosecution of Civil Action
give bail for their appearance at the trial. (14a)

Section 1. Institution of criminal and civil

actions. —
(a) When a criminal action is instituted,
the civil action for the recovery of civil liability
arising from the offense charged shall be moral, nominal, temperate or exemplary
deemed instituted with the criminal action damages, the offended party shall pay additional
unless the offended party waives the civil action, filing fees based on the amounts alleged therein.
reserves the right to institute it separately or If the amounts are not so alleged but any of
institutes the civil action prior to the criminal these damages are subsequently awarded by the
action. court, the filing fees based on the amount
awarded shall constitute a first lien on the
The reservation of the right to institute
judgment.
separately the civil action shall be made before
the prosecution starts presenting its evidence Where the civil action has been filed
and under circumstances affording the offended separately and trial thereof has not yet
party a reasonable opportunity to make such commenced, it may be consolidated with the
reservation. criminal action upon application with the court
trying the latter case. If the application is
When the offended party seeks to enforce
granted, the trial of both actions shall proceed in
civil liability against the accused by way of
accordance with section 2 of this Rule governing
moral, nominal, temperate, or exemplary
consolidation of the civil and criminal actions.
damages without specifying the amount thereof
(cir. 57-97)
in the complaint or information, the filing fees
thereof shall constitute a first lien on the Section 2. When separate civil action is
judgment awarding such damages. suspended. — After the criminal action has
been commenced, the separate civil action
Where the amount of damages, other
arising therefrom cannot be instituted until final
than actual, is specified in the complaint or
judgment has been entered in the criminal
information, the corresponding filing fees shall
action.
be paid by the offended party upon the filing
thereof in court. If the criminal action is filed after the said
civil action has already been instituted, the latter
Except as otherwise provided in these
shall be suspended in whatever stage it may be
Rules, no filing fees shall be required for actual
found before judgment on the merits. The
damages.
suspension shall last until final judgment is
No counterclaim, cross-claim or third- rendered in the criminal action. Nevertheless,
party complaint may be filed by the accused in before judgment on the merits is rendered in the
the criminal case, but any cause of action which civil action, the same may, upon motion of the
could have been the subject thereof may be offended party, be consolidated with the
litigated in a separate civil action. (1a) criminal action in the court trying the criminal
action. In case of consolidation, the evidence
(b) The criminal action for violation of
already adduced in the civil action shall be
Batas Pambansa Blg. 22 shall be deemed to
deemed automatically reproduced in the
include the corresponding civil action. No
criminal action without prejudice to the right of
reservation to file such civil action separately
the prosecution to cross-examine the witnesses
shall be allowed.
presented by the offended party in the criminal
Upon filing of the aforesaid joint criminal case and of the parties to present additional
and civil actions, the offended party shall pay in evidence. The consolidated criminal and civil
full the filing fees based on the amount of the actions shall be tried and decided jointly.
check involved, which shall be considered as the
During the pendency of the criminal
actual damages claimed. Where the complaint or
action, the running of the period of prescription
information also seeks to recover liquidated,
of the civil action which cannot be instituted
separately or whose proceeding has been prosecuting claims against the estate of the
suspended shall be tolled. (n) deceased.
If the accused dies before arraignment,
the case shall be dismissed without prejudice to
The extinction of the penal action does
any civil action the offended party may file
not carry with it extinction of the civil action.
against the estate of the deceased. (n)
However, the civil action based on delict shall be
deemed extinguished if there is a finding in a Section 5. Judgment in civil action not a bar.
final judgment in the criminal action that the act — A final judgment rendered in a civil action
or omission from which the civil liability may absolving the defendant from civil liability is not
arise did not exist. (2a) a bar to a criminal action against the defendant
for the same act or omission subject of the civil
Section 3. When civil action may proceeded
action. (4a)
independently. — In the cases provided for in
Articles 32, 33, 34 and 2176 of the Civil Code of Section 6. Suspension by reason of
the Philippines, the independent civil action may prejudicial question. — A petition for
be brought by the offended party. It shall suspension of the criminal action based upon
proceed independently of the criminal action the pendency of a prejudicial question in a civil
and shall require only a preponderance of action may be filed in the office of the
evidence. In no case, however, may the offended prosecutor or the court conducting the
party recover damages twice for the same act or preliminary investigation. When the criminal
omission charged in the criminal action. (3a) action has been filed in court for trial, the
petition to suspend shall be filed in the same
Section 4. Effect of death on civil actions. —
criminal action at any time before the
The death of the accused after arraignment and
prosecution rests. (6a)
during the pendency of the criminal action shall
extinguish the civil liability arising from the Section 7. Elements of prejudicial question.
delict. However, the independent civil action — The elements of a prejudicial question are:
instituted under section 3 of this Rule or which (a) the previously instituted civil action involves
thereafter is instituted to enforce liability arising an issue similar or intimately related to the issue
from other sources of obligation may be raised in the subsequent criminal action, and (b)
continued against the estate or legal the resolution of such issue determines whether
representative of the accused after proper or not the criminal action may proceed. (5a)
substitution or against said estate, as the case
may be. The heirs of the accused may be
substituted for the deceased without requiring RULE 113
the appointment of an executor or administrator Arrest
and the court may appoint a guardian ad litem
for the minor heirs.
Section 1. Definition of arrest. — Arrest is the
The court shall forthwith order said legal taking of a person into custody in order that he
representative or representatives to appear and may be bound to answer for the commission of
be substituted within a period of thirty (30) an offense. (1)
days from notice.
Section 2. Arrest; how made. — An arrest is
A final judgment entered in favor of the made by an actual restraint of a person to be
offended party shall be enforced in the manner arrested, or by his submission to the custody of
especially provided in these rules for the person making the arrest.
 No violence or unnecessary force shall be Section 6. Time of making arrest. — An arrest
used in making an arrest. The person arrested may be made on any day and at any time of the
shall not be subject to a greater restraint than is day or night. (6)
necessary for his detention. (2a)
Section 7. Method of arrest by officer by
virtue of warrant. — When making an arrest by
virtue of a warrant, the officer shall inform the
Section 3. Duty of arresting officer. — It shall
person to be arrested of the cause of the arrest
be the duty of the officer executing the warrant
and of the fact that a warrant has been issued for
to arrest the accused and to deliver him to the
his arrest, except when he flees or forcibly
nearest police station or jail without
resists before the officer has opportunity to so
unnecessary delay. (3a)
inform him, or when the giving of such
Section 4. Execution of warrant. — The head information will imperil the arrest. The officer
of the office to whom the warrant of arrest was need not have the warrant in his possession at
delivered for execution shall cause the warrant the time of the arrest but after the arrest, if the
to be executed within ten (10) days from its person arrested so requires, the warrant shall be
receipt. Within ten (10) days after the expiration shown to him as soon as practicable. (7a)
of the period, the officer to whom it was
Section 8. Method of arrest by officer without
assigned for execution shall make a report to the
warrant. — When making an arrest without a
judge who issued the warrant. In case of his
warrant, the officer shall inform the person to be
failure to execute the warrant, he shall state the
arrested of his authority and the cause of the
reasons therefor. (4a)
arrest, unless the latter is either engaged in the
Section 5. Arrest without warrant; when commission of an offense, is pursued
lawful. — A peace officer or a private person immediately after its commission, has escaped,
may, without a warrant, arrest a person: flees or forcibly resists before the officer has
opportunity so to inform him, or when the
(a) When, in his presence, the person to be
giving of such information will imperil the
arrested has committed, is actually
arrest. (8a)
committing, or is attempting to commit
an offense; Section 9. Method of arrest by private person.
(b) When an offense has just been — When making an arrest, a private person
committed, and he has probable cause to shall inform the person to be arrested of the
believe based on personal knowledge of intention to arrest him and cause of the arrest,
facts or circumstances that the person to unless the latter is either engaged in the
be arrested has committed it; and commission of an offense, is pursued
(c) When the person to be arrested is a immediately after its commission, or has
prisoner who has escaped from a penal escaped, flees, or forcibly resists before the
establishment or place where he is person making the arrest has opportunity to so
serving final judgment or is temporarily inform him, or when the giving of such
confined while his case is pending, or information will imperil the arrest. (9a)
has escaped while being transferred
Section 10. Officer may summon assistance.
from one confinement to another.
— An officer making a lawful arrest may orally
In cases falling under paragraph (a) and (b) summon as many persons as he deems
above, the person arrested without a warrant necessary to assist him in effecting the arrest.
shall be forthwith delivered to the nearest police Every person so summoned by an officer shall
station or jail and shall be proceeded against in assist him in effecting the arrest when he can
accordance with section 7 of Rule 112. (5a)
render such assistance without detriment to corporate surety, property bond, cash deposit,
himself. (10a) or recognizance. (1a)
Section 11. Right of officer to break into
building or enclosure. — An officer, in order to
Section 2. Conditions of the bail;
make an arrest either by virtue of a warrant, or
requirements. — All kinds of bail are subject to
without a warrant as provided in section 5, may
the following conditions:
break into any building or enclosure where the
person to be arrested is or is reasonably (a) The undertaking shall be effective upon
believed to be, if he is refused admittance approval, and unless cancelled, shall
thereto, after announcing his authority and remain in force at all stages of the case
purpose. (11a) until promulgation of the judgment of
the Regional Trial Court, irrespective of
Section 12. Right to break out from building
whether the case was originally filed in
or enclosure. — Whenever an officer has
or appealed to it;
entered the building or enclosure in accordance
(b) The accused shall appear before the
with the preceding section, he may break out
proper court whenever required by the
therefrom when necessary to liberate himself.
court of these Rules;
(12a)
(c) The failure of the accused to appear at
Section 13. Arrest after escape or rescue. — If the trial without justification and
a person lawfully arrested escapes or is rescued, despite due notice shall be deemed a
any person may immediately pursue or retake waiver of his right to be present thereat.
him without a warrant at any time and in any In such case, the trial may proceed in
place within the Philippines. (13) absentia; and
(d) The bondsman shall surrender the
Section 14. Right of attorney or relative to
accused to the court for execution of the
visit person arrested. — Any member of the
final judgment.
Philippine Bar shall, at the request of the person
arrested or of another acting in his behalf, have The original papers shall state the full name
the right to visit and confer privately with such and address of the accused, the amount of the
person in the jail or any other place of custody at undertaking and the conditions herein required.
any hour of the day or night. Subject to Photographs (passport size) taken within the
reasonable regulations, a relative of the person last six (6) months showing the face, left and
arrested can also exercise the same right. (14a) right profiles of the accused must be attached to
the bail. (2a)
Section 3. No release or transfer except on
RULE 114
court order or bail. — No person under
Bail detention by legal process shall be released or
transferred except upon order of the court or
when he is admitted to bail. (3a)
Section 1. Bail defined. — Bail is the security
Section 4. Bail, a matter of right; exception.
given for the release of a person in custody of
— All persons in custody shall be admitted to
the law, furnished by him or a bondsman, to
bail as a matter of right, with sufficient sureties,
guarantee his appearance before any court as
or released on recognize as prescribed by law or
required under the conditions hereinafter
this Rule (a) before or after conviction by the
specified. Bail may be given in the form of
Metropolitan Trial Court, Municipal Trial Court,
Municipal Trial Court in Cities, or Municipal
Circuit Trial Court, and (b) before conviction by The appellate court may, motu proprio or on
the Regional Trial Court of an offense not motion of any party, review the resolution of the
punishable by death, reclusion perpetua, or life Regional Trial Court after notice to the adverse
imprisonment. (4a) party in either case. (5a)
Section 5. Bail, when discretionary. — Upon Section 6. Capital offense defined. — A capital
conviction by the Regional Trial Court of an offense is an offense which, under the law
offense not punishable by death, reclusion existing at the time of its commission and of the
perpetua, or life imprisonment, admission to application for admission to bail, may be
bail is discretionary. The application for bail may punished with death. (6a)
be filed and acted upon by the trial court despite
Section 7. Capital offense of an offense
the filing of a notice of appeal, provided it has
punishable by reclusion perpetua or life
not transmitted the original record to the
imprisonment, not bailable. — No person
appellate court. However, if the decision of the
charged with a capital offense, or an offense
trial court convicting the accused changed the
punishable by reclusion perpetua or life
nature of the offense from non-bailable to
imprisonment, shall be admitted to bail when
bailable, the application for bail can only be filed
evidence of guilt is strong, regardless of the
with and resolved by the appellate court.
stage of the criminal prosecution. (7a)
Should the court grant the application,
Section 8. Burden of proof in bail application.
the accused may be allowed to continue on
— At the hearing of an application for bail filed
provisional liberty during the pendency of the
by a person who is in custody for the
appeal under the same bail subject to the
commission of an offense punishable by death,
consent of the bondsman.
reclusion perpetua, or life imprisonment, the
If the penalty imposed by the trial court prosecution has the burden of showing that
is imprisonment exceeding six (6) years, the evidence of guilt is strong. The evidence
accused shall be denied bail, or his bail shall be presented during the bail hearing shall be
cancelled upon a showing by the prosecution, considered automatically reproduced at the
with notice to the accused, of the following or trial, but upon motion of either party, the court
other similar circumstances: may recall any witness for additional
examination unless the latter is dead, outside
(a) That he is a recidivist, quasi-recidivist, or
the Philippines, or otherwise unable to testify.
habitual delinquent, or has committed
(8a)
the crime aggravated by the
circumstance of reiteration; Section 9. Amount of bail; guidelines. — The
(b) That he has previously escaped from judge who issued the warrant or granted the
legal confinement, evaded sentence, or application shall fix a reasonable amount of bail
violated the conditions of his bail considering primarily, but not limited to, the
without valid justification; following factors:
(c) That he committed the offense while
(a) Financial ability of the accused to give ail;
under probation, parole, or conditional
(b) Nature and circumstances of the offense;
pardon;
(c) Penalty for the offense charged;
(d) That the circumstances of his case
(d) Character and reputation of the accused;
indicate the probability of flight if
(e) Age and health of the accused;
released on bail; or
(f) Weight of the evidence against the
(e) That there is undue risk that he may
accused;
commit another crime during the
pendency of the appeal.
 (g) Probability of the accused appearing at expressed in the undertaking but the
the trial; aggregate of the justified sums must be
(h) Forfeiture of other bail equivalent to the whole amount of bail
(i) The fact that accused was a fugitive from demanded.
justice when arrested; and
In all cases, every surety must be worth the
(j) Pendency of other cases where the
amount specified in his own undertaking over
accused is on bail.
and above all just debts, obligations and
Excessive bail shall not be required. (9a) properties exempt from execution. (12a)
Section 10. Corporate surety. — Any domestic Section 13. Justification of sureties. — Every
or foreign corporation, licensed as a surety in surety shall justify by affidavit taken before the
accordance with law and currently authorized to judge that he possesses the qualifications
act as such, may provide bail by a bond prescribed in the preceding section. He shall
subscribed jointly by the accused and an officer describe the property given as security, stating
of the corporation duly authorized by its board the nature of his title, its encumbrances, the
of directors. (10a) number and amount of other bails entered into
by him and still undischarged, and his other
Section 11. Property bond, how posted. — A
liabilities. The court may examine the sureties
property bond is an undertaking constituted as
upon oath concerning their sufficiency in such
lien on the real property given as security for the
manner as it may deem proper. No bail shall be
amount of the bail. Within ten (10) days after
approved unless the surety is qualified. (13a)
the approval of the bond, the accused shall cause
the annotation of the lien on the certificate of Section 14. Deposit of cash as bail. — The
title on file with the Register of Deeds if the land accused or any person acting in his behalf may
is registered, or if unregistered, in the deposit in cash with the nearest collector or
Registration Book on the space provided internal revenue or provincial, city, or municipal
therefor, in the Registry of Deeds for the treasurer the amount of bail fixed by the court,
province or city where the land lies, and on the or recommended by the prosecutor who
corresponding tax declaration in the office of the investigated or filed the case. Upon submission
provincial, city and municipal assessor of a proper certificate of deposit and a written
concerned. undertaking showing compliance with the
requirements of section 2 of this Rule, the
Within the same period, the accused shall
accused shall be discharged from custody. The
submit to the court his compliance and his
money deposited shall be considered as bail and
failure to do so shall be sufficient cause for the
applied to the payment of fine and costs while
cancellation of the property bond and his re-
the excess, if any, shall be returned to the
arrest and detention. (11a)
accused or to whoever made the deposit. (14a)
Section 12. Qualifications of sureties in
Section 15. Recognizance. — Whenever
property bond. — The qualification of sureties
allowed by law or these Rules, the court may
in a property bond shall be as follows:
release a person in custody to his own
(a) Each must be a resident owner of real recognizance or that of a responsible person.
estate within the Philippines; (15a)
(b) Where there is only one surety, his real
Section 16. Bail, when not required; reduced
estate must be worth at least the amount
bail or recognizance. — No bail shall be
of the undertaking;
required when the law or these Rules so
(c) If there are two or more sureties, each
provide.
may justify in an amount less than that
 Section 18. Notice of application to
prosecutor. — In the application for bail under
When a person has been in custody for a
section 8 of this Rule, the court must give
period equal to or more than the possible
reasonable notice of the hearing to the
maximum imprisonment prescribe for the
prosecutor or require him to submit his
offense charged, he shall be released
recommendation. (18a)
immediately, without prejudice to the
continuation of the trial or the proceedings on Section 19. Release on bail. — The accused
appeal. If the maximum penalty to which the must be discharged upon approval of the bail by
accused may be sentenced is destierro, he shall the judge with whom it was filed in accordance
be released after thirty (30) days of preventive with section 17 of this Rule.
imprisonment.
Whenever bail is filed with a court other
A person in custody for a period equal to than where the case is pending, the judge who
or more than the minimum of the principal accepted the bail shall forward it, together with
penalty prescribed for the offense charged, the order of release and other supporting
without application of the Indeterminate papers, to the court where the case is pending,
Sentence Law or any modifying circumstance, which may, for good reason, require a different
shall be released on a reduced bail or on his own one to be filed. (19a)
recognizance, at the discretion of the court.
Section 20. Increase or reduction of bail. —
(16a)
After the accused is admitted to bail, the court
Section 17. Bail, where filed. — may, upon good cause, either increase or reduce
its amount. When increased, the accused may be
(a) Bail in the amount fixed may be filed
committed to custody if he does not give bail in
with the court where the case is pending,
the increased amount within a reasonable
or in the absence or unavailability of the
period. An accused held to answer a criminal
judge thereof, with any regional trial
charge, who is released without bail upon filing
judge, metropolitan trial judge,
of the complaint or information, may, at any
municipal trial judge, or municipal
subsequent stage of the proceedings and
circuit trial judge in the province, city, or
whenever a strong showing of guilt appears to
municipality. If the accused is arrested in
the court, be required to give bail in the amount
a province, city, or municipality other
fixed, or in lieu thereof, committed to custody.
than where the case is pending, bail may
(20a)
also be filed with any regional trial court
of said place, or if no judge thereof is Section 21. Forfeiture of bond. — When the
available, with any metropolitan trial presence of the accused is required by the court
judge, municipal trial judge, or municipal or these Rules, his bondsmen shall be notified to
circuit trial judge therein. produce him before the court on a given date
(b) Where the grant of bail is a matter of and time. If the accused fails to appear in person
discretion, or the accused seeks to be as required, his bail shall be declared forfeited
released on recognizance, the application and the bondsmen given thirty (30) days within
may only be filed in the court where the which to produce their principal and to show
case is pending, whether on preliminary cause why no judgment should be rendered
investigation, trial, or on appeal. against them for the amount of their bail. Within
(c) Any person in custody who is not yet the said period, the bondsmen must:
charged in court may apply for bail with
any court in the province, city, or
municipality where he is held. (17a)
 (a) produce the body of their principal or of a responsible member of the community. In
give the reason for his non-production; no case shall bail be allowed after the accused
and has commenced to serve sentence. (24a)
(b) explain why the accused did not appear
Section 25. Court supervision of detainees. —
before the court when first required to
The court shall exercise supervision over all
do so.
persons in custody for the purpose of
Failing in these two requisites, a judgment eliminating unnecessary detention. The
shall be rendered against the bondsmen, jointly executive judges of the Regional Trial Courts
and severally, for the amount of the bail. The shall conduct monthly personal inspections of
court shall not reduce or otherwise mitigate the provincial, city, and municipal jails and their
liability of the bondsmen, unless the accused has prisoners within their respective jurisdictions.
been surrendered or is acquitted. (21a) They shall ascertain the number of detainees,
inquire on their proper accommodation and
Section 22. Cancellation of bail. — Upon
health and examine the condition of the jail
application of the bondsmen, with due notice to
facilities. They shall order the segregation of
the prosecutor, the bail may be cancelled upon
sexes and of minors from adults, ensure the
surrender of the accused or proof of his death.
observance of the right of detainees to confer
The bail shall be deemed automatically privately with counsel, and strive to eliminate
cancelled upon acquittal of the accused, conditions inimical to the detainees.
dismissal of the case, or execution of the
judgment of conviction.
In cities and municipalities to be
In all instances, the cancellation shall be
specified by the Supreme Court, the municipal
without prejudice to any liability on the bond.
trial judges or municipal circuit trial judges shall
(22a)
conduct monthly personal inspections of the
Section 23. Arrest of accused out on bail. — municipal jails in their respective municipalities
For the purpose of surrendering the accused, the and submit a report to the executive judge of the
bondsmen may arrest him or, upon written Regional Trial Court having jurisdiction therein.
authority endorsed on a certified copy of the
A monthly report of such visitation shall
undertaking, cause him to be arrested by a
be submitted by the executive judges to the
police officer or any other person of suitable age
Court Administrator which shall state the total
and discretion.
number of detainees, the names of those held for
An accused released on bail may be re- more than thirty (30) days, the duration of
arrested without the necessity of a warrant if he detention, the crime charged, the status of the
attempts to depart from the Philippines without case, the cause for detention, and other
permission of the court where the case is pertinent information. (25a)
pending. (23a)
Section 26. Bail not a bar to objections on
Section 24. No bail after final judgment; illegal arrest, lack of or irregular preliminary
exception. — No bail shall be allowed after the investigation. — An application for or
judgment of conviction has become final. If admission to bail shall not bar the accused from
before such finality, the accused has applies for challenging the validity of his arrest or the
probation, he may be allowed temporary liberty legality of the warrant issued therefor, or from
under his bail. When no bail was filed or the assailing the regularity or questioning the
accused is incapable of filing one, the court may absence of a preliminary investigation of the
allow his release on recognizance to the custody charge against him, provided that he raises them
before entering his plea. The court shall resolve matters covered by direct examination.
the matter as early as practicable but not later His silence shall not in any manner
than the start of the trial of the case. (n) prejudice him.

(e) To be exempt from being compelled to be

a witness against himself.
RULE 115
Rights of Accused
(f) To confront and cross-examine the
witnesses against him at the trial. Either
Section 1. Rights of accused at the trial. — In party may utilize as part of its evidence
all criminal prosecutions, the accused shall be the testimony of a witness who is
entitled to the following rights: deceased, out of or cannot with due
diligence be found in the Philippines,
unavailable or otherwise unable to
(a) To be presumed innocent until the testify, given in another case or
contrary is proved beyond reasonable proceeding, judicial or administrative,
doubt. involving the same parties and subject
(b) To be informed of the nature and cause of matter, the adverse party having the
the accusation against him. opportunity to cross-examine him.
(c) To be present and defend in person and (g) To have compulsory process issued to
by counsel at every stage of the secure the attendance of witnesses and
proceedings, from arraignment to production of other evidence in his
promulgation of the judgment. The behalf.
accused may, however, waive his (h) To have speedy, impartial and public trial.
presence at the trial pursuant to the (i) To appeal in all cases allowed and in the
stipulations set forth in his bail, unless manner prescribed by law. (1a)
his presence is specifically ordered by
the court for purposes of identification.
Note:
The absence of the accused without
justifiable cause at the trial of which he +Police-suspect
had notice shall be considered a waiver
+Prosecutor office- Respondent
of his right to be present thereat. When
an accused under custody escapes, he +Court-Accused
shall be deemed to have waived his right
(a) To be presumed innocent until the
to be present on all subsequent trial
contrary is proved beyond reasonable
dates until custody over him is regained.
doubt.
Upon motion, the accused may be
- Even if you have case you can still run
allowed to defend himself in person
for politics, because you are presumed
when it sufficiently appears to the court
innocent.
that he can properly protect his right - In you appeal, you are still privilege for
without the assistance of counsel. presumption of innocence, because the
rule is, you are not guilty without final
conviction that you are guilty.
(d) To testify as a witness in his own behalf
but subject to cross-examination on
 b. To be informed of the nature and cause
of the accusation against him.
- It is not sufficient to state that there is
treachery, that aggravate the crime, it
should be stated there that:
*treachery by shooting the victim why
slept
- What is not written in the alleged
information is not valid when stated in
the court.
- Extra judicial confession is not valid
when made without the presence of
the counsel.

(j) To have compulsory process issued to

secure the attendance of witnesses and
production of other evidence in his
behalf.
- If the judge issued a subpoena to the
witness and can not attend the hearing
due to health conditions or what, the
witness should also issue a letter
stating its reason why he is not going
to attend and with evidence.

h. To have speedy, impartial and public trial

- If there are always delay in the trial, you can
motion to dismissal of the case.
- If the judge is obviously biased, you can
motion to change the judge, but if it is in favor
to you, just stay quiet hahahha.
* Judge should not show actions and words if
he has bias.
- Impartial trial states that it should be a fair
trial, with biases.
- Public trial- the trial should be conducted in
open court, anybody who wanted to the
attend trial is welcome.