THE REVISED RULE ON CRIMINAL PROCEDURE ERROR OF JUDGMENT DISTINGUISHED FROM ERROR OF

EFFECTIVE DECEMBER 1, 2000 JURISDICTION

Where there is an exercise of jurisdiction in the
CRIMINAL PROCEDURE - Criminal procedure is defined as absence of jurisdiction, the court would be committing an
that method fixed by law for the apprehension and error of jurisdiction. On the other hand, the court acted with
prosecution of a person who is supposed to have jurisdiction but committed procedural errors or errors in the
committed a crime, and for his punishment in case of appreciation of the facts or of the law, the error would be a
conviction. mere error of judgment, not of jurisdiction.
In its generic terms, it describes the network of
laws and rules which governs the procedural administration JURISDICTION AND VENUE, DISTINGUISHED.
of criminal justice, that is, laws and court rules governing Jurisdiction is the authority, the power itself;
arrest, search, and seizure, bail, etc. Venue relates to the territorial unit. Strictly speaking,
jurisdiction is substantive; Venue is a matter of procedure.
Criminal Law and Criminal Procedure Distinguished Jurisdiction is conferred by law and may not be changed by
CRIMINAL LAW CRIMINAL PROCEDURE the parties; in civil cases venue may, by agreement of the
Substantive Remedial parties, be changed or transferred; but in criminal cases,
Defines crimes, treats of It provides for the method venue is jurisdictional
their nature and provides for by which a person accused
their punishment of a crime is arrested, tried REQUISITES FOR THE VALID EXERCISE OF JURISDICTION
and punished The jurisdiction of a court is determined by the
Enumerates what acts are Provides how crimes are to actions it is empowered to hear and decide, and by the
punishable be punished geographical limits over which it presides.
Three important requisites must, therefore, be present
SYSTEM OF CRIMINAL PROCEDURE before a court can validly exercise jurisdiction.
a. The inquisitorial system - The prosecution of crime is  It must have jurisdiction over the subject matter
wholly in the hands of prosecuting officer and the court. It is  It must have jurisdiction over the territory where
characterized by the secrecy of investigation. Under this the offense was committed
system, the judgment rendered by the trial court whether  It must have jurisdiction over the person of the
one of conviction or acquittal, does not become final accused.
until it has been reviewed by the appellate court. Both
the prosecution and defense have the right to appeal from JURISDICTION OVER THE SUBJECT MATTER - It is the power
judgment. to hear and determine cases of the general class to which the
b. The accusatorial system - Prosecution of crime is proceeding in questions belongs and is conferred by the
conducted either at the initiative of the public prosecutor or sovereign authority which organizes the court and defined its
of the offended party himself. The accused has the right to powers.
be present at every stage of the trial, to have a public trial,
and to be heard personally or by counsel. The right of appeal JURISDICTION OVER THE PERSON OF THE ACCUSED -
is generally limited to the defense in obedience to the legal Jurisdiction over the person of the accused may be acquired
maxim that no person shall twice be put in jeopardy of upon his arrest, or upon his voluntary appearance or
punishment for the same offense. submission to the court.
c. The mixed system - The combination of the good features
and characteristic of the inquisitorial and the accusatorial JURISDICTION OVER TERRITORY - Criminal action should be
systems. Thus, all criminal actions must be commenced in filed in the place where the crime was committed, except in
the name of the people of the Philippines and must be under those cases provided by article 2 of the Revised Penal Code.
the direction and control of the fiscal. * The question of jurisdiction may be raised at any
stage of the proceeding. Exception when there is estoppel
HOW ARE THE RULES OF CRIMINAL PROCEDURE and laches on the party who raised the question of
CONSTRUED? jurisdiction.
The rules of criminal procedure shall be liberally
construed in favor of the accused and strictly against the WHICH LAW DETERMINES THE JURISDICTION OF THE
state to even the odds in favor of the accused against whom COURT?
the entire machinery of the state is mobilized Jurisdiction over the subject matter is determined
by the statute in forced at the time of the commencement
JURISDICTION - Derived from the Latin term Juris and Dico of the action and not at the time of its commission even if
which means I speak by the law. Our supreme court has the penalty that may be imposed at the time of its
defined jurisdiction as the authority to hear and determine a commission is less and does not fall under the court
case. It is the authority by which judicial officers take jurisdiction. The exception to this rule is where jurisdiction is
cognizance of and decide causes, correctly or incorrectly. dependent on the nature of the position of the accused at
CRIMINAL JURISDICTION - The authority to take cognizance the time of the commission of the offense. In this case,
of a criminal offense and to impose the penalty prescribes by jurisdiction is determined by the law in force at the time of
law after a proper trial. the commission of the offense.
VENUE - A geographical division in which an action is brought
to trial, or the place of trial for a criminal action, or a civil JURISDICTION OVER COMPLEX CRIME - Jurisdiction over the
action or special proceeding. Venue, in short, is a territorial whole complex crime is lodged with the trial court having
unit where the power of the court is to be exercised. jurisdiction to impose the maximum and most serious
penalty imposable of an offense forming part of the complex
JURISDICTION DISTINGUISHED FROM THE EXERCISE OF crime.
JURISDICTION
The authority to decide the case and not the JURISDICTION OVER CONTINUING CRIMES - Continuing
decision rendered therein is what makes up jurisdiction. offenses are consummated in one place. Yet by the nature of
Where a court has jurisdiction the decision on all question the offense the violation of the law is deemed continuing (e.g
arising in the case is but an exercise of that jurisdiction. estafa and libel) as such, the courts of the territories where
the essential ingredients of the offense or the crime took
place have concurrent jurisdiction. But the court which first
acquires jurisdiction excludes the other courts.
JURISDICTION OVER CRIME PUNISHABLE BY DESTIERRO - It years regardless of the fine and other accessory
falls within the exclusive jurisdiction of the Municipal Trial penalties and civil liability;
Court, considering that in the hierarchy of penalties under 3. Offenses involving damage to property through
article 71 of the Revised Penal Code, destierro follow arresto criminal negligence;
mayor. 4. In cases where the only penalty provided by law is
a fine it has exclusive original jurisdiction over
COURT OF LAW VS COURT OF EQUITY offenses punishable with fine not exceeding
A court of law decides a case according to what P4,000.0;
promulgated law is while a court of equity adjudicates a 5. In election offenses: cases involving failure to
controversy according to the common precepts of what is register or failure to vote; and,
right and just without inquiring into the term of statutes. In 6. Special jurisdiction to hear and decide petitioner
the Philippines, every court, both original and appellate, for a writ of habeas corpus or application for bail in
exercise both legal and equitable jurisdiction. the province or city where the RTC judge is absent.

CONSTI TUTIONAL COURT VS STATUTORY COURT JURISDICTION OF REGIONAL TRIAL COURTS IN CRIMINAL
 Constitutional court is created by the constitution CASES
whereas statutory court is created by law. 1. Exclusive original jurisdiction in all criminal cases
 Constitutional court cannot be abolished by not within the exclusive jurisdiction of any court,
congress without amending the constitution tribunal or body, except those falling under the
whereas statutory court may be abolished by exclusive and concurrent jurisdiction of the
congress by just simply repealing the law which Sandiganbayan.
created those courts. 2. All criminal cases where the penalty is higher than
6 years, including government related cases
SUPERIOR COURT VS INFERIOR COURT wherein the accused is not one of those falling
Superior courts refers to those courts which have under the jurisdiction of the RTC.
the power of review or supervision over another lower court 3. Other laws which specifically lodge jurisdiction in
while an inferior court are those which, in relation to the RTC.
another are lower in rank and subject to review and 3.1 Law on written defamation or libel.
supervision of the latter. 3.2 Decree on intellectual property
3.3 Dangerous drug cases except where the
DOCTRINE OF JUDICIAL STABILITY OR NON INTERFERENCE - offenders are below 16 and there are juvenile
No court has the authority to interfere by injunction with the and domestic relation courts in the province.
judgment of another court of coordinate jurisdiction or to 3.4 Appellate jurisdiction over all cases decided by
pass upon or scrutinize and much less declare as unjust a the MTCs in their respective territorial
judgment of another court. jurisdiction.
3.5 In areas where there are no family courts, the
DOCTRINE OF ANCILLIARY JURISDICTION - It involves the cases falling under the jurisdiction of family
inherent or implied powers of the court to determine issues courts shall be adjudicated by the RTC.
incidental to the exercise of its primary jurisdiction.
SUMMARY PROCEDURE (Criminal Cases)
POLICY OF JUDICIAL HIERARCHY - This policy means that a  Traffic violations
higher court will not entertain direct resort to it unless the  Rental law violations
redress desired cannot obtained in appropriate court.  Violation of city and municipal ordinances
 All other cases where the penalty does not exceed
DOCTRINE OF ADHERENCE TO JURISDICTION - Once 6 months and/or affine of 1.000 P HP
jurisdiction is acquired, the court retains it until the final  Bp 22
termination of the case.

DOCTRIINE OF PRIMARY JURISDICTION - Court will not RULE 110

resolve a controversy involving a question which is within the PROSECUTION OF CRIMINAL ACTION
jurisdiction of an administrative tribunal, especially where SECTION 1. institution of criminal action – criminal action
the questions demands the exercise of sound administrative shall be instituted as follows:
discretions requiring special knowledge and experience of 1. For offenses where preliminary investigation is
said tribunal in determining technical and intricate matters of required pursuant to section 1 of rule 112, by
fact. filing the complaint with the proper officer for the
purpose of conducting the requisite preliminary
GOVERNING LAW IN JURISDICTION investigation.
Republic act No. 7691 which took effect on April 15, 2. For all other offenses, by filling the complaint or
1994 amended B.P Blg. 129 otherwise known as the judiciary information directly with the Municipal trial
reorganization act of 1980 by expanding the jurisdiction of courts and municipal circuit trial courts, or the
the aforementioned courts complaint with the office of the prosecutor. in
 Republic act No. 8249 an act to strengthen the Manila and other chartered cities, the complaint
functional and structural organization of the shall be filed with the office of the prosecutor
sandigang bayan, amending for the purpose unless otherwise provided in their charters.
presidential decree 1606.
 Republic act no 8369 establish family courts The institution of the criminal actions shall
granting them exclusive original jurisdiction over interrupt the running of the period of prescription
child and family cases of the offense charged unless otherwise provided
in special law.
JURISDICTION OF MTC IN CRIMINAL CASES
1. Exclusive original jurisdiction over all violations of Criminal action - It is one by which the state prosecutes
city or municipal ordinances committed within person for an act or omission punishable by law.
their respective jurisdiction;
2. Exclusive original jurisdiction over all offenses
punishable with imprisonment NOT exceeding 6
For offenses where a preliminary investigation is required Complaint and Information distinguished
by filing complaint with the proper officer for the purpose of 1. A complaint is a sworn statement: an information
conducting the requisite preliminary investigation. need not be sworn.
a. Refers to a complaint affidavit, and is different 2. A complaint is subscribed by the offended party,
from the complaint defined in Section 3 of Rule 110 any peace officer or other officer charged with the
b. Preliminary investigation - is required for offenses enforcement of the law violated; an information is
where the penalty prescribed by law is at least 4 subscribed by the fiscal.
years 2 months and 1 day without regard to fine. 3. A complaint may be filed either in court or in the
(Rule 112 ,Sec, 1, Par 2) fiscal’s office, generally to commence the
preliminary investigation of the charges made.
For all other offenses- by filling the complaint or information Thus, as a matter of practice a complaint is filed
directly with the Municipal Trial Courts and Municipal circuit and a preliminary investigation is thereafter
Trial courts, or the complaint with the office of the conducted preparatory to the filing of an
prosecutor. In Manila and other chartered cities, the information by the prosecuting officer.
complaint shall be filed with the office of prosecutor unless 4. An information as a rule is filed in court and begin
otherwise provided in their charters. the process of criminal proceeding.

Effect of the institution of the criminal actions- The An information not properly signed cannot be cured by
institution of criminal action shall interrupt the running of silence, acquiescence or express consent.
period of prescription of the offense unless otherwise Where information must be filed? Unlike an ordinary
provided in special laws. The rule does not apply to violation complaint, an information must be filed with the courts,
of municipal ordinances and special law. The prescriptive otherwise it is not information. An information, legally
period for violations of special laws are interrupted only by speaking, is not an information until so presented in court.
institution of judicial proceeding for their investigation and Section 4 of rule 110 requires that an information be filed
punishment, while violations of municipal ordinance with the courts.
prescribe after two months
SECTION 5: Who must prosecute criminal actions - all
DISTINGUISH INSTITUTION FROM COMMENCEMENT OF AN criminal actions commenced by a complaint or information
ACTION -For offenses which require a preliminary shall be prosecuted under the direction and control of the
investigation, the criminal action is instituted by filling the prosecutor. However, in Municipal Trial Courts or Municipal
complaint for preliminary investigation. The criminal action is Circuit Trial Courts when the prosecutor assigned thereto or
commenced when the complaint or information is filed in to the case is not available, the offended party, any peace
court officer, or public officer charged with the enforcement of
the law violated may prosecute the case .this authority shall
Remedies of the offended party if the prosecutor refuses to cease upon actual intervention of the prosecutor or upon
file an information: elevation of the case to the Regional Trial Court.
1. File an action for mandamus, in case of grave abuse The crime of adultery and concubinage shall not
of discretion; be prosecuted except upon a complaint filed by the
2. Lodge a new complaint before the court having offended spouse. The offended party cannot institute
jurisdiction over the offense; criminal prosecution without including the guilty parties. If
3. Take up the matter with the secretary of justice in both are alive nor, in any case, if the offended party has
accordance with the revised administrative code; consented to the offense or pardoned the offenders.
4. Institute administrative charges against the erring The offenses of seduction, abduction and acts of
prosecutor; and, lasciviousness shall not be prosecuted except upon a
5. File criminal action against the prosecutor with the complaint filed by the offended party or her parents,
corresponding civil action for damages. grandparents or guardians, nor in any case, if the offender
has been expressly pardoned by any of them. If the
SECTION 2. The complaint or information – the complaint or offended party dies or become incapacitated before she can
information shall be in writing, in the name of the people of file the complaint, and she has no known parents,
the Philippines and against all person who appear to be grandparents or guardian, the state shall initiate the
responsible for the offense involved. criminal action in her behalf.
Criminal actions must be commenced in the name The offended party, even if a minor, has the right
of the people of the Philippines because just as a crime is to initiate the prosecution of the offenses of seduction,
considered an outrage against the peace and security of the abduction and act of lasciviousness independently of her
people at large, its vindication must also be in the name of parents, grandparents, or guardian, unless she is
the people. However if the action is instituted in the name of incompetent or incapable of doing so. Where the offended
the offended party or of particular city the defect is merely of party, who is a minor fails to file the complaint, her parents,
form and may be cured at any stage of the trial. grandparents, or guardian may file the same. The right to
The complaint or information should be in writing file the action granted to parents, grandparents, or
so that the court has a basis for its decision, to inform the guardian shall be exclusive of all other persons and shall be
accused of the nature and cause of the accusation, to allow exercised successively in the order herein provided, except
him to present his defense and so that given the fallibility of as stated in the preceding paragraph.
human memory, nobody will forget the charge. No criminal action for defamation which consist in
the imputation of the crime mentioned above shall be
SECTION 3. Complaint defined- complaint is a sworn brought except at the instance of and upon complaint filed
statement with an offense subscribed by the offended by the offended party.
party, any peace officer, or public officer charged with the The prosecution for violation of special laws shall
enforcement of the law violated. be governed by the provision thereof.
The offended party is the person actually injured or
whose feeling is offended. He is the one to whom the The general rule is that all criminal actions
offender is also civilly liable under article 100 of the RPC. commenced by complaint or information shall be prosecuted
under the direction and control of the prosecutor. However,
SECTION 4. Information defined - an information is an in the Municipal Trial Courts and Municipal Circuit Trial
accusation in writing charging a person with an offense, Courts, if the prosecutor is not available, the offended party,
subscribed by the prosecutor and filed with the court. any peace officer, or other officer charged with the
enforcement of the law violated may prosecute. This substantial rights of the accused or the right of the people to
authority ceases upon actual intervention by a prosecutor or due process.
upon elevation of the case to the RTC.
A motion for reinvestigation should be filed with the trial
A private prosecutor may be authorized to prosecute a judge.
criminal action subject to the following conditions: After a complaint or information has already been
 The public prosecutor has a heavy work schedule filed in court a motion for reinvestigation should be
or there is no public prosecutor assigned in the addressed to the trial judge and to him alone.
province or city
 The private prosecutor is authorized in writing by Distinction between control by the prosecution and the
the chief of the prosecutor office or the Regional control by the court
State prosecutor. Before a case is filed in court, the prosecution has
 The authority of the private prosecutor must be control over the following: what case to file, if need be,
approved by the court whom to prosecute, the manner of prosecution, to conduct a
 The private prosecutor shall continue to prosecute reinvestigation; the right to prosecute vest the prosecutor
the case until the end of the trial unless the with a wide range of discretion –the discretion of whether,
authority withdrawn or otherwise revoked. what and whom to charge, the exercise of which depends on
 In case of the withdrawal or revocation of the a variety of factors which are best appreciated by
authority of the private prosecutor, the same must prosecutors.
be approved by the court. After a case is filed in court, the court has control
over the following :the suspension of arraignment;
In appeal before the court of appeal and the supreme court reinvestigation; prosecution by the prosecutor; dismissal or
It is only the solicitor general that is authorized to withdrawal of the case, and downgrading of the offense or
bring and defend actions in behalf of the people of the dropping of the accused even before plea, and review of the
Philippines. In all cases elevated to the Sandigan bayan to the secretary’s recommendation and reject it if there is grave
SC, the office of the Ombudsman, through its special abuse of discretion.
prosecutor shall represent the people of the Philippines,
except in cases filed pursuant to E. O. Nos, 1.2.14 and 14-A Private crimes - This refers to those which cannot be
issued in 1986 prosecuted except upon complaint filed by the offended
In government service related cases the prosecution party. This legal requirement was imposed out of
of cases cognizable by the Sandigan bayan shall be under the consideration for the aggrieved party who might prefer to
exclusive control and supervision of the office of the suffer the outrage in silence rather than go through the
Ombudsman, in cases cognizable by the regular courts the scandal of public trial.
law recognizes a concurrence of jurisdiction between the
office of the ombudsman and other Investigative agencies of Prosecution of a private crime complexed with a public
government in the prosecution of said cases. offense.
In complex crimes, where one of the component
Prosecutor cannot be compelled to file a particular offenses is a private crime and the other a public offense, the
complaint or information. fiscal may initiate the proceeding de officio the reason
A prosecutor is under no compulsion to file a therefore is that since one of the component offenses is a
particular criminal information where he is not convinced public crime. The latter should prevail, public interest being
that he has evidence to support the allegations thereof. The always paramount to private interest.
exercise of such judgment and discretion may generally not
be compelled by mandamus, except if the prosecutor shows SECTION 6: Sufficiency of complaint or information - a
evident bias in filing the information and refuses to includes complaint or information is sufficient if it states the name of
a co accused without justification .but before filing for the accused; the designation of the offense given by
mandamus to compel a fiscal to include another co accused statute; the act or omission complained of as constituting
in the information, the party must first avail himself of other the offense; the name of the offended party, the
remedies such as the filing of a motion for inclusion. approximate date of the commission of the offense, and the
place where the offense was committed.
Appeal from the decision of the prosecutor Where an offense is committed by more than one
The decision of the prosecutor may be modified by person, all of them shall be included in the complaint or
the secretary of justice or in special cases by the President of information.
the Philippines. The resolution of the secretary of justice in
turn, may be appealed to the office of the president in Purpose of the rule
offenses punishable by death or reclusion perpetua. 1. To inform the accused of the nature and cause of
accusation against him
The prosecutor is required to be physicaly present in the 2. To notify the defendant of the criminal acts
trial of criminal cases imputed to him so that he can duly prepare his
According to People vs Beriales the prosecutor defense
should be present. If he is not physically present, it cannot be Note: Substantial defect in the information cannot be cured
said that the prosecution was under his direction and by evidence that would jeopardize the accused right to be
control. But in People vs Molinao and Bravo vs Court of informed of the true nature of the offense he is being
appeal, it was held that the proceedings are valid even charged with.
without the physical presence of the fiscal who left the
prosecution to the private prosecutor under his supervision SECTION 7: Name of accused - a complaint or information
and control. must state the name and surname of the accused or any
appellation or nickname by which he has been or is known.
After the case is filed in court, to whom should a motion to If his name cannot be ascertained, he must be described
dismiss be addressed under a fictitious name with statements that his true name
Once the information is filed in court, the court is unknown.
acquires jurisdiction. Whatever disposition the prosecutor If the true name of the accused is thereafter
may feel would be proper in the case thereafter should be disclosed by him or appears in some other manner to the
addressed for the considerations of the court, subject only to court, such true name shall be inserted in the complaint or
the limitations that the court should not impair the information and record
Error in the name of the accused not fatal to an information SECTION 10. Place of the commission of the offense – the
- Error in the name of the accused will not nullify the complaint or information is sufficient if it can be
information if it contains sufficient description of the person understood from its allegation that the offense was
of the accused. Such error should be raised before committed or some of its essential ingredients occurred at
arraignment, or else it is deemed waived. some place within the jurisdiction of the court, unless the
particular place where it was committed constitutes an
Verbal motion to correct spelling is sufficient - Where the essential element of the offense charged or is necessary for
accused Roberto Cultura was indicted in the information as its identification.
Jose Cultura (his father’s name) but it was clearly proven that General Rule: A complaint or information is
he was part of the group that killed the victim and did not sufficient if it appears from the allegation that the offense
raise the question of his identity at the arraignment and was committed or some of its essential ingredients occurred
acquiesced to be tried under that name, he is deemed to at some place within the territorial jurisdiction of the court.
have waived to raise the question of his identity for the first Exception when the place of the commission is an
time on appeal. essential element of the offense, the place of commission
must be alleged with particularity
SECTION 8 .Designation of the offense - the complaint or
information shall state the designation of the offense given Crimes where place is essential
by the statute, aver the act or omission constituting the 1. Violation of domicile
offense, and specify its qualifying and aggravating 2. Penalty on keeper ,watchman and visitor of an
circumstances. If there is no designation of the offense, opium den
reference shall be made to the section or subsection of the 3. Trespass to dwelling
statute punishing it. 4. Violation of election law e. g. 30 meter radius
carrying of deadly weapon prohibited
THE INFORMATION OR COMPLAINT MUST STATE OR 5. Destructive arson
DESIGNATE THE FOLLOWING WHENEVER POSSIBLE. 6. Robbery in an inhabited place
1. The designation of the offense given by the statute.
If there is no designation of the offense ,reference SECTION 11. Date of the commission of the offense-it is not
shall be made to the section of the statute necessary to state in the complaint or information the
punishing it precise date the offense was committed except when it is a
2. The statement of the acts or omissions constituting material ingredients of the offense .the offense may be
the offense, in ordinary, concise and particular alleged to have been committed on a date as near as
words possible to the actual date of its commission.
3. The specific qualifying and aggravating
circumstances must be stated in ordinary and Crimes where time is essential
concise language. • Infanticide
An error in specifying the provision of the law involved • Violation of Sunday statute(election law) and
is not reversible, as the allegation in the indictment • Abortion
determine what offense is charged. The nature and character
of the crime charged is determined not by specification of SECTION 12 Name of offended party - the complaint or
the provision of the law alleged to have been violated but by information must state the name and surname of the
the facts alleged in the indictment. person against whom or against whose property the
offense was committed, or any appellation or nickname by
SECTION 9. Cause of accusation - the act or omission which such person has been or is known. If there is no
complained of as constituting the offense and the qualifying better way of identifying him, He must be described under a
and aggravating circumstances must be stated in ordinary fictitious name.
and concise language and not necessarily in the language 1. If the true name of the person against whom or
use in the statute but in terms sufficient to enable a person against whose property the offense was
of common understanding to know what offense is being committed is thereafter disclosed or ascertained,
charged as well as its qualifying and aggravating the court must cause such true In offense against
circumstances and for the court to pronounce judgment. property, if the name of the offended party is
It was then resolved that both the qualifying and unknown, the property must be described with
aggravating circumstances should be expressly and such particularity as to properly identify the
specifically alleged in the complaint or information otherwise offense charged
the same will not be considered by the court even if proved 2. name to be inserted in the complaint or
during the trial. This new doctrine applies to all criminal information and the record
cases and not where the aggravating circumstances would 3. If the offended party is a juridical person, it is
result in the imposition of death penalty. sufficient to state its name, or any name or
designation by which it is known or by which it
Exact relationship to be alleged. may be identified, without need of averring that it
For rape to be qualified as heinous, warranting the is a juridical person or that it is organized with
imposition of death penalty the circumstances of minority of law.
the victim and her relationship with the offender must be
both alleged in the information for rape. SECTION 13. Duplicity of offense - a complaint or
information must charge only one offense, except when the
Exact age of the victim must be alleged law prescribes a single punishment for various offenses.
The allegation in the information that complainant Purpose of rule - The information is defective when it
is the minor daughter of the accused appellant is insufficient. charges two or more offenses, the rule enjoining the
As held in people v Puertollano the information must state charging of two or more offenses in an information has for its
the exact age of the victim at the time of the commission of aim to give the defendant the necessary knowledge of the
the crime. To warrant the imposition of death penalty, the charge to enable him to prove his defense .the state should
qualifying circumstances of the rape victim being below not heap upon the defendant two or more charges which
seven years of age should aptly alleged in the information, might confuse him in his defense
otherwise, the death penalty imposed by the trial court
should be reduced to reclusion perpetua as provided for in
the second paragraph of art 335 of the revised penal code.
Rule on duplicity of offense 3. Where the amendment is only as to form there is
General rule: A complaint and information must charge only no need for a new preliminary investigation or
one offense plea. In substitution, another preliminary
Exception: the rule on duplicity of offenses does not apply investigation and plea would be required
where the law prescribes a single penalty for various offenses 4. An amended information refers to the same
such as a complex crime under article 48 of the Revised Penal offense charged or to one which necessarily
Code or special complex crime such as robbery with includes or is necessarily included in the original
homicide or with rape or rape with homicide, or rebellion charged. For this reason, substantial amendments
complexed with murder, robbery and kidnapping. after plea cannot be made when the accused
objects. Substitution requires that new information
SECTION 14. Amendment or substitution- A complaint or is for a different offense which does not include or
information may be amended, in form or in substance, is not necessarily included in the original charge
without leave of court at any time before the accused Q: When are the rights of the accused prejudiced by
enters his plea. After the plea and during the trial .a formal amendment?
amendment may only be made with leave of court and A: The rights of the accused may be prejudiced by an
when it can be done without causing prejudice to the right amendment in the following circumstances:
of the accused. 1. when a defense which he had under the original
However, any amendment before plea, which information would no longer available :
downgrades the nature of the offense charged in or 2. when any evidence which he had under the original
excludes any accused from the complaint or information, information would no longer available
can be made only upon motion of the prosecutor, with 3. when any evidence which he had under the original
notice to the offended party and with leave of court. The information would no longer be applicable to the
court shall state its reason in resolving the motion and amended information.
copies of its order shall be furnished all parties, especially Q: Is there an absolute rights to substitution of information
the offended party if it appears at any time before by the filing of a new one?
judgment that a mistake has been made in charging a A: No, this right is subject to the following limitations:
proper offense in accordance with section 19, rule 119 1. that no judgment has been rendered yet
provided the accused shall not be placed in double 2. that the accused cannot be convicted of the
jeopardy. The court may require the witnesses to give bail offense charged or any offense necessarily included
for their appearance at the trial. therein
3. that the accused will not be placed in double
KINDS OF AMENDMENT jeopardy.
Before plea – cover a substantial amendment and formal
amendment without leave of court. SECTION 15. Place where action to be instituted. Subject to
Any amendment before plea which downgrades the existing laws, the criminal action shall be instituted and
nature of the offense charged in or excludes any accused tried in the court of the Municipality or territory where the
from the complaint or information can be made only: offense was committed or where any of its essential
1. Upon motion by the prosecutor ingredients occurred.
2. With notice to the offended party Where an offense is committed in a train, aircraft
3. With leave of court or other public or private vehicle in the course of its trip,
the criminal action shall be instituted and tried in the court
After the plea- covers only formal amendment provided of any municipality or territory where such train, aircraft, or
1. leave of court is obtained other vehicle passed during its trip, including the place of its
2. such amendment is not prejudicial to the right of departure and arrival.
the accused Where an offense is committed on board a vessel
in the course of its voyage, the criminal action shall be
Except- when a fact supervenes which changes the nature of instituted and tried in the court of the first port of entry or
the crime charged in the information or upgrades it to a of any municipality or territory where the vessel passed
higher crime in which case there is a need for another during such voyage, subject to generally accepted principles
arraignment of the accused under the amended information. of international law.
Crimes committed outside the Philippines but
AN AMENDMENT IS ONLY IN FORM punishable under Article 2 of the Revised Penal Code shall
Where it neither affects nor alters the nature of the offense be cognizable by the court where the criminal action is first
charged .or filed.
1. Where the charge does not deprive the accused of
a fair opportunity to present his defense; or PURPOSE OF THE RULE
2. Where it does not involve a change in the basic A criminal case should be instituted and tried in the
theory of the prosecution. Municipality or province when the offense was committed or
any of its essential ingredients took place .this is a
SUBSTANTIAL AMENDMENT fundamental principle, the purpose being not to compel the
Substantial matter in a complaint or information is defendant to move to, and appear in a different court from
the recital of facts constituting the offense charged and the that of the province where the crime was committed, as it
determination of jurisdiction of the courts. All others are would cause him great inconvenience in looking for his
merely matter of form. witnesses and other evidence in another place.

DISTINCTION BETWEEN AMENDMENT AND SUBSTITUTION PLACE WHERE ACTION TO BE INSTITUTED

The following are the distinctions between them 1. Thus subject to existing laws, the commission of an
1. Amendment may involve either formal or offense is triable only in the courts of the place
substantial changes, while substitution necessarily where the offense was allegedly committed. If all
involves a substantial change. the acts material and essential to the crime and
2. Amendment before plea can be effected without requisite of its consummation occurred in one
leave of court but substitution is always done with Municipality or province, the court of that
leave of court since it involves the dismissal of the Municipality or Province has sole jurisdiction to try
original complaint. the case.
 2. If the offense was committed in a train, or aircraft,
or any other public or private vehicle: in the court Q: CAN THE OFFENDED PARTY FILE A CIVIL ACTION FOR
of any Municipality or territory where the vehicle CERTIORARI IN HIS OWN NAME IF THE RTC DISMISSES AN
passed during its trip, including the place of INFORMATION?
departure or arrival A: Yes, in case of grave abuse of discretion amounting to lack
3. If committed on board a vessel in the course of its of jurisdiction the petition may be filed by the offended party
voyage: in the court of first fort of entry or of any because the offended party has an interest in the civil aspect
municipality or territory where the vessel passed of the case.
during the voyage, subject to generally accepted
principle of international law. CHAPTER 11
4. If the crime was committed outside the Philippines RULE 111
but is punishable under article 2 of the RPC: any SECTION 1. Institution of criminal and civil actions. When a
court where the action is first filed. criminal action is instituted, the civil action for the recovery
of civil liability arising, from the offense charged shall be
POWER TO CHANGE VENUE deemed instituted with the criminal action unless the
Where the convenience of the accused is opposed offended party waives the civil action, reserves the right to
by that of the prosecution it is but logical that the court institute it separately or institutes the civil action prior to
should have the power to decide where the balance of the criminal action.
convenience or inconvenience lies, and to determine the The reservations of the right to institute
most suitable place of the trial according to the exigencies of separately the civil action shall be made the prosecution
truth and impartial justice. Under the constitution, the starts presenting its evidence and under circumstances
Supreme Court may order a change of venue or place or trial, affording the offended party a reasonable opportunity to
to avoid a miscarriage of justice. make such reservation. When the offended party seek to
A petition for change of venue of the preliminary enforce civil liability against the accused by way of moral,
investigation should however, be addressed to the secretary nominal, temperate, or exemplary damages without
of justice who has control and supervision over the conduct specifying the amount thereof in the complaint or
of a preliminary investigation which is a function of the information. The filing fees therefore shall constitute first
executive Department and not the judiciary. lien on the judgment awarding such damages.
When the offended party seeks to enforce civil
TRANSITORY AND CONTINUING OFFENSES DISTINGUISHED liability against the accused by way of moral, nominal,
A transitory offense is one where any of the temperate or exemplary damages without specifying the
essential ingredients took place, such as estafa, malversation amount thereof in the complaint or information, the filing
and abduction, while a continuing offense is one which is fees therefore shall constitute a first lien on the judgment
consummated in one place, yet by reason of the nature of awarding such damages
the offense, the violation of the law is deemed continuing. Where the amount of damages, other than actual, is
Example of this, are where the deprivation of liberty is specified in the complaint or information, the
persistent and continuing from one place to another or libel corresponding filing fees shall be paid by the offended party
where the libelous matter is published or circulated from one upon filing thereof in court.
place to another. Except as otherwise provided in these rules, no
filing fees shall be required for actual damages.
SECTION 16.Where the civil action for recovery of civil No, counterclaim, cross claim or third party complaint may
liability is instituted in the criminal action pursuant to Rule be filed by the accused in the criminal case, but any cause
111, the offended party may intervene by counsel in the of action which could have been the subject thereof may be
prosecution of the offense. litigated in a separate civil action.
The criminal action for violation of Batas
PURPOSE OF THE RULE Pambansa Blg. 22 shall be deemed to include the
The sole purpose of the civil action is for the corresponding civil action. No reservation to file such civil
resolution, reparation or indemnification of the private action separately shall be allowed.
offended party for the damage or injury he sustained by Upon the filing of the aforesaid joint criminal and
reason of the delictual or felonious act of the accused .under civil actions, the offended party shall pay in full the filing
article 104 of the Revised Penal Code, the following are the fees based on the amount of the check involved, which shall
civil liabilities of the accused: be considered as actual damages claimed. Where the
ART 104. What is included in civil liability – the civil liability complaint or information also seeks to recover liquidated,
established in articles 100,101,102 and 103 of this code moral, nominal, temperate or exemplary damages, the
includes: offended party shall pay additional filing fees based on the
1. Restitution amount alleged therein. If the amount are not so alleged
2. Reparation but any of these damages are subsequently awarded by the
3. Indemnification for consequential damages court, the filing fees based on the amount awarded shall
Thus when the offended party, through counsel has constitute a first lien on the judgment.
asserted his right to intervene in the proceedings, it is error Where the civil action has been filed separately and the trial
to consider his appearance merely as a matter of tolerance. thereof has not yet commenced, it may be consolidated
with the criminal action upon application with the court
Q: CAN THE OFFENDED PARTY INTERVENE IN THE trying the latter case. If the application is granted, the trial
PROSECUTION OF THE CRIMINAL ACTION? of both actions shall proceed in accordance with section 2
A: Yes, except if he has waived his right, has reserved it, or of this Rule governing consolidation of the civil and criminal
has already instituted the criminal action .the basis for this actions.
rule is Article 100 of the RPC which provides that every
person criminally liable shall also be civilly liable. Another GENERAL RULE:
reason is that certain offenses cannot be prosecuted except When a criminal action is instituted the civil action for
upon complaint of the offended party recovery of civil liability arising from the offense shall be
deemed instituted with the criminal action.
Q: DO THE OFFENDED PARTIES HAVE THE RIGHT TO MOVE EXCEPTION:
FOR THE DISMISSAL OF THE CASE?  When the offended party reserves the civil action
A: No, the right belongs only to the Government prosecutor  When the offended party , waives the civil action
who is representative of the plaintiff.
  When offended party institutes a civil action prior CONSOLIDATION OF CRIMINAL AND CIVIL CASES
to criminal action Under the present rule, before judgment on the
merit is rendered in the civil action, the same may upon
WHEN RESERVATION SHALL BE MADE motion of the offended party be consolidated with the
1. Before the prosecution starts to present criminal action in the court trying the criminal action. This is
evidence ,and a modification of the rule on primacy of criminal action over
2. Under circumstances affording the offended party civil action.
a reasonable opportunity to make such The consolidation must be effected in the criminal
reservations court, irrespective of the nature of the offense, the amount
of civil claim or the rank of the court trying the civil case. In
PURPOSE: The same is intended to prevent double jeopardy cases where the consolidation is given due course, the
INSTANCES WHERE NO RESERVATION TO FILE THE CIVIL evidence presented and admitted in the civil case shall be
ACTION SEPARATELY SHALL BE ALLOWED. deemed automatically
1. BP 22 cases (rule 111 section 1) The consolidated criminal and civil cases shall be
2. cases cognizable by the Sandigan bayan tried and decided jointly.
3. tax cases (sec 7 par. B no 1,RA 9282)
Only the civil liability arising from the offense charged as ACQUITTAL IN A CRIMINAL CASE DOES NOT BAR THE FILING
a felony is now deemed instituted. Civil liability arising from OF THE CIVIL CASE WHERE:
other sources of obligation (law, contract, quasi contract and 1. The acquittal is based on reasonable doubt, if the
quasi delict) are no longer deemed instituted like those civil case has been reserved.
under Article 32,33,34,and 2176 of the civil code which can 2. The decision contains a declaration that the liability
be prosecuted even without reservation. of the accused is not criminal but only civil in
If the judgment did not provide for award of civil nature ,and
damages, the judge may be compelled by mandamus. 3. The civil liability is not derived from or based on
SECTION 2. When separate civil action is suspended. After the criminal act of which the accused is acquitted.
the criminal action has been commenced, the separate civil Extinction of the penal action does not carry with it the
action arising therefrom cannot be instituted until final extinction of the civil action. Unless the extinction proceeds
judgment has been entered in in the criminal action. from a declaration in a final judgment that the fact from
If the criminal action is filed after the said civil action has which the civil liability might arise did not exist.
already been instituted, the latter shall be suspended in The extinction of the civil liability refers exclusively to
whatever stage it may be found before judgment on the civil liability arising from crime (delict) whereas, the civil
merits. The suspension shall last until the final judgment is liability for the same act arising from other sources of
rendered in the criminal action. Nevertheless, before obligation (law, contract, quasi contract, quasi delict) is not a
judgment on the merits is rendered in the civil action, the declaration in the criminal case that the criminal act charged
same may, upon motion of the offended party, be has not happened or has been committed by the accused
consolidated with the criminal action in the court trying the
criminal action. In case of consolidation the evidence SECTION 3. When civil action may proceed independently.
already adduced in the civil action shall be deemed In the cases provided in article 32, 33, 34 and 2176 of the
automatically reproduced in the criminal action without civil code of the Philippines. The independent civil action
prejudice to the right of the prosecutions to cross examine may be brought by the offended party. It shall proceed
the witnesses presented by the offended party in the independently of the criminal action and shall require only
criminal case and of the parties to present additional preponderance of evidence. In no case, however, may the
evidence. The consolidated criminal and civil actions shall offended party recover damages twice for the same act or
be tried and decided jointly. omission charged in the criminal action.
During the pendency of the criminal action, the running of The independent civil actions are those provided in
the period of prescription of the civil action which cannot articles 32,33, 34, and 2176 of the new civil code. They may
be instituted separately or whose proceeding has been proceed independently of the criminal actions and shall
suspended shall be tolled. require only a preponderance of evidence.
The extinction of the penal action does not carry with it the
extinction of the civil action. However, the civil action SECTION 4. Effect of death on civil actions. The death of the
arising from based on delict shall be deemed extinguished if accused after arraignment and during the pendency of the
there is a finding in a final judgment in the criminal action criminal action shall extinguish the civil liability arising from
that the act or omission from which the civil liability may delict, however, the independent civil action instituted
arise did not exist. under section 3 of this rule or which thereafter is instituted
to enforce liability from others sources of obligation may be
PRIMACY OF CRIMINAL ACTION OVER THE CIVIL ACTIONS continued against estate or legal representative of the
After the filing of the criminal action the civil action accused after proper substitution or against said estate, as
which has been reserved cannot be instituted until final the case may be. The heirs of the accused may be
judgment has been rendered in the criminal actions. If the substituted for the deceased without requiring the
civil action is instituted before the filing of the criminal action appointment of an executor or administrator and the court
is subsequently commenced, the pending civil action shall be may appoint a guardian ad litem for the minor heirs
suspended until final judgment in the criminal action has The court shall forthwith order said legal
been rendered. representative or representatives to appear and be
EXCEPTION substituted within a period of thirty (30) days from notice.
1. In cases of independent civil actions based upon A final judgment entered in favor of the offended party
Arts. 32, 33, 34, and 2176 of the civil code. shall be enforced in the manner especially provided in these
2. In cases where the civil action presents a rules for prosecuting claims against estate of the deceased.
prejudicial questions If the accused dies before arraignment, the case
3. In cases where the civil action is consolidated with shall be dismissed without prejudice to any civil action the
the criminal actions offended party may file against estate of the deceased.
4. Where the civil actions is not one intended to
enforce the civil liability arising from the offense.
EFFECT OF DEATH OF THE ACCUSED ON CIVIL ACTIONS stage it may be found and before judgment is the merits
1. After arraignment and during the pendency of the upon commencement of the criminal action.
criminal action - It extinguishes the civil liability
arising from the delict. Time to plead prejudicial question
2. Before arraignment - The case shall be dismissed When the criminal action has been filed in court for
without prejudice to any civil action the offended trial, the petition to suspend shall be filed in the same
party may file against the estate of the deceased. criminal action at any time before the prosecution rests.
3. Pending appeal of his conviction - It extinguishes
his criminal liability as well as civil liability based SECTION 7.Elements of prejudicial question- the elements
solely thereon of prejudicial question are (a) the previously instituted civil
4. Prior to final Judgment - It terminates his criminal action involves an issue similar or intimately related to the
liability and only the civil liability directly arising issue raised in the subsequent criminal action (b) the
from and based solely on the offense committed resolution of such issue determines whether or not the
5. Death of the accused after final appeal - Pecuniary criminal action May proceed.
liabilities of the accused are not extinguished
claims shall be filed against the estate of the Elements of a prejudicial questions
accused. However, the independent civil actions 1. the civil action must be instituted prior to the
instituted under section 3 of this rule or which criminal action
thereafter is instituted to enforce liability arising 2. the civil action involves an issue similar or
from other sources of obligations may be intimately related to the issue raised in the
continued against the estate or legal representative subsequent criminal action
of the accused after proper substitution or against 3. the resolution of such issue determines whether or
said estate as the case may be. not the criminal action may proceed.

SECTION 5. Judgment in civil action not a bar – final When an action for annulment of marriage prejudicial to a
judgment rendered in a civil action absolving the defendant bigamy case?
from civil liability is not a bar to a criminal action against An action for annulment of marriage is prejudicial
the defendant for the same act or omission subject of the to a bigamy case only if the accused in the bigamy charge is
criminal actions. also the one asking for annulment of the second marriage
While every person criminally liable is also civilly based on vitiation of consent. This is because in such a case if
liable, the converse is not true. Extinction of the penal action the court declares that the party’s consent was indeed
does not carry with it the extinction of the civil unless the vitiated and annuls the marriage, then it would also mean
extinction proceeds from a declaration in a final judgment that the party did not willingly commit the crime of bigamy.
that the fact from which the civil might arise did not exist. It would thus be determinative of the guilt or innocence of
Similarly, a final judgment rendered in a civil action absolving the accused.
the defendant from civil liability is not a bar to a criminal
action. Unless the civil is a prejudicial question which RULE 112
involves an issue similar or intimately related to the issue PRELIMINARY INVESTIGATION
raised in the criminal, the resolution of which determines ASSIGNMENT: Read DOJ DC 15 and DC 28 for the
whether or not the criminal action may proceed. amendments.

SECTION 6. Suspension by reason of prejudicial question- a SECTION 1. Preliminary investigation; when required-
petition for suspension of a criminal action based upon the Preliminary investigation is an inquiry or proceeding to
pendency of a prejudicial question in a civil action may be determine whether there is sufficient ground to engender a
filed in the office of the prosecutor or the court conducting well-founded belief that a crime has been committed and
the preliminary investigation. When the criminal action has the respondent is probably guilty thereof, and should be
been filed in court for trial, the petition to suspend shall be held for trial.
filed in the same criminal action at any time before the Except as provided in section 6 of this rule, a
prosecution rest. preliminary investigation is required to be conducted
before the filing of a complaint or information for an
Rationale behind prejudicial question rule - To avoid two offense where the penalty prescribed by law is at least four
conflicting decisions years, two (2) months and One (1) day without regard to
A prejudicial question is one which arises in a case, fine.
the resolution of which is a logical antecedent of the issue
involved therein and the cognizance of which pertains to When is it required?
another tribunal. Before complaint or information is filed,
preliminary investigation is required for all offenses
Where to file petition for suspension by reason of punishable by imprisonment of at least 4 years 2 months,
prejudicial question. and 1 day regardless of the fine, except if the accused was
1. office of the prosecutor arrested by virtue of a lawful arrest without warrant. In such
2. court conducting the preliminary investigation(no case, the complaint or information may be filed without
longer applicable because inferior courts could no preliminary investigation unless the accused ask for a
longer conduct preliminary investigations) or preliminary investigation and waives his rights under article
3. court where the criminal action has been filed for 125 of the RTC.
trial at any time before the prosecution rests. Whether or not there is a need for preliminary
investigation depends upon the imposable penalty for the
Court may not motu propio order the dismissal of a criminal crime charged in the complaint filed with the city or
action where there is a prejudicial question to be resolved. provincial prosecutor’s office and not upon imposable
The court can only suspend the criminal action penalty for the crime found to have been committed by the
upon petition but it has no authority to order its dismissal. respondent after a preliminary investigation.

Rule regarding prejudicial questions Purpose of Preliminary investigation

In case the civil action was instituted ahead of the 1. For the investigating prosecutor to determine if a
criminal action, the same shall be suspended in whatever crime has been committed.
 2. To protect the accused from the inconvenience 5. PCGG with respect to ill-gotten wealth cases
expense, and burden of defending himself in a
formal trial unless the reasonable probability of his Can RTC judges conduct a preliminary investigation?
guilt shall have been first ascertained in a fairly No, but this should not be confused with the
summary proceeding by a competent officer. authority of the RTC to conduct an examination for the
3. To secure the innocent from hasty, malicious and purpose of determining probable cause when issuing warrant
oppressive prosecution, and to protect him from an of arrest.
open and public accusation of a crime, from the
trouble, expenses and anxiety of a public trial. SECTION 3. Procedure
4. To protect the state from having to conduct useless The preliminary investigation shall be conducted in the
and expensive trials. following manner;
The complaint shall state the address of the
Scope of Preliminary Investigation respondent and shall be accompanied by the affidavits of
It is merely inquisitorial, and it is often the only the complainant and his witnesses, as well as other
means of discovering whether the offense has been supporting documents to establish probable cause. They
committed and the person responsible for it to enable the shall be in such number of copies as there are respondents,
fiscal to prepare his complaint or information. It is not trial plus two (2) copies for the official file. The affidavits shall be
on the merits and has no purpose but to determine whether subscribed and sworn to before any prosecutor or
there is a probable cause to believe that an offense has been government official authorized to administer oath, or in
committed and that the accused is probably guilty of it. It their absence or unavailability. Before a notary public, each
does not place the accused in jeopardy. of whom must certify that he personally examined the
affiants and that he is satisfied that they voluntarily
Preliminary investigation personal statutory right executed and understood their affidavits.
The right to preliminary investigation is a personal Within ten (10) days after the filing of the
right covered by statute and may be waived expressly or by complaint the investigating officer shall either dismiss it if
silence. It is also not an element of due process, unless it is he finds no ground to continue with the investigation, or
expressly granted by law .while the right to a preliminary issue a subpoena to the respondent attaching to it a copy of
investigation may be substantial, nevertheless it is not a the complaint and its supporting affidavits and documents
constitutional right. The respondent shall have the right to examine
the evidence submitted by the complainant which may not
Effect of absence of Preliminary investigation have been furnished and to copy them at his expense. If the
The absence of Preliminary investigation does not evidence is voluminous, the complainant may be required
affect the jurisdiction of the court or invalidate the to specify those which he intends to present against the
information if no objection was raised by the accused. If an respondent, and these shall be made available for
objection was raised, the court instead of dismissing the examination or copying by the respondent at his expense
complaint or information should conduct such investigation, Object as evidence need not be furnished a party
or order the fiscal to conduct it. The absence of a preliminary but shall be made available for examination, copying or
investigation does not affect the jurisdiction of the court but photographing at the expense of the requesting party.
merely the regularity of the proceedings. Neither is it a Within ten (10) days from receipt of the subpoena
ground to quash the information or nullify the order of arrest with the complaint and supporting affidavits and
issued against him or justify the release of the accused from documents, the respondent shall submit his counter
detention. The court cannot dismiss the complaint on this affidavit and that of his witnesses and other supporting
ground, and it should instead conduct the investigation or documents relied upon for his defense. The counter
order the fiscal or lower court to do it considering that the affidavits shall be subscribed and sworn to and certified as
inquest investigation conducted by the state prosecutor is provided in paragraph (a) of this section, with copies
null and void. thereof furnished by him to the complainant. The
respondent shall not be allowed to file a motion to dismiss
If the court denies invocation of the right to a preliminary in lieu of a counter affidavit
investigation, what is the remedy of the accused? If the respondent cannot be subpoenaed, or if
He must immediately appeal it to appellate court. subpoenaed, does not submit counter affidavits within the
He cannot latter raise the issue for the first time on appeal. Ten (10) day period, the investigating officer shall resolved
the complaint based on the evidence presented by the
If the complaint or information is amended, should a new complainant.
preliminary investigation be conducted? The investigating officer may set a hearing if there are facts
No, unless the amended complaint or information and issues to be clarified from a party or a witness. The
charge a new offense. parties can be present at the hearing but without the right
to examine or cross examine. They may, however, submit
If the complaint or information is substituted, should a new to the investigating officer questions which may be asked to
preliminary investigation be conducted? the party or witness concerned.
Yes, The hearing shall be held within ten (days) from
submission of the counter affidavits and other documents
SECTION 2. Officer authorized to conduct preliminary or from the expiration of the period for their submission. It
investigation shall be terminated within five (5) days
1. Provincial or city Prosecutor and their assistants Within ten (10) days after the investigation, the
2. National and Regional State prosecutor investigating officer shall determine whether or not there is
3. Other officer as may be authorize by law. sufficient ground to hold the respondent for trial.
Their authority to conduct preliminary investigation
shall include all crimes cognizable by the proper court in Preliminary investigation is a judicial proceeding
their respective jurisdiction. Preliminary investigation is a judicial proceeding
Who may conduct a preliminary investigation where the prosecutor or investigating officer acts as a judicial
1. Provincial or city prosecutor and their assistants officer. Parties are given an opportunity to be heard and to
2. National and regional state prosecutors produce evidence which shall be weighed and upon which a
3. Comelec with respect to election offenses decision shall be rendered, since it is a judicial proceeding,
4. Ombudsman with respect to Sandiganbayan the requirement of due process in judicial proceedings is also
offenses required in preliminary investigation.
 3. File certiorari if refused
Difference between criminal investigation and preliminary 4. Raised lack of preliminary investigation as error on
investigation? appeal
Criminal investigation is a fact finding investigation 5. File prohibition
carried out by law enforcement officers for the purpose of
determining whether they should file a complaint for Proper forum to raise absence of preliminary investigation.
preliminary investigation. Preliminary investigation is The proper forum before which absence of
conducted for the purpose of determining if there is preliminary investigation should be ventilated is the Regional
probable cause to hold a person for trial. trial Court and not the Supreme court. Absence of a
preliminary investigation does not go to the jurisdiction of
Probable Cause – It is the existence of such facts and the court but merely to the regularity of the proceedings that
circumstances as would excite the belief in reasonable mind, could be waived.
acting on the facts within the knowledge of the prosecutor,
that the person charged was guilty of the crime for which he Action of secretary of justice if an information already filed
was prosecuted in court is appealed to him.
He should refrain from entertaining the appeal. The
The presence of counsel in the preliminary investigation is matter should be left to the determination of the court.
not mandatory
Preliminary investigation is a summary proceeding Action of the trial judge if the secretary of justice gives due
and is merely inquisitorial in nature. The accused cannot yet course to the appeal.
invoke the full exercise of his rights. However, if confession is The trial judge should suspend proceedings and
to be obtained from respondent, an uncounseled confession defer arraignment pending the resolution of the appeal.
would be inadmissible.
SECTION 5. When warrant of arrest may issue
SECTION 4. Resolution of investigating prosecutor and its By the Regional Trial Court- within 10 (days) from
review the filling of the complaint or information, the judge shall
If the investigating prosecutor find cause to hold personally evaluate the resolution of the prosecutor and its
the respondent for trial, he shall prepare the resolution and supporting evidence. He may immediately dismiss the case
information .He shall certify under oath in the information if the evidence on record clearly fails to establish probable
that he, or as shown by the record, an authorized officer, cause. if he finds probable cause, he shall issue a warrant of
has personally examined the complainant and his arrest, or commitment order if the accused has already
witnesses; that there is a reasonable ground to believe that been arrested pursuant to a warrant issued by the judge
a crime has been committed and that the accused is who conducted the preliminary investigation or when the
probably guilty thereof; that the accused was informed of complaint or information was filed pursuant to section 6 of
the complaint and of the evidence submitted against him; this rule. in case of doubt on the existence of probable
and that he was given opportunity to submit controverting cause, the judge may order the prosecutor to present
evidence. Otherwise, he shall recommend the dismissal of additional evidence within 5 days from notice and the issue
the complaint. must be resolved by the court within thirty (30) days from
Within five (5) days from his resolution, he shall the filing of complaint or information.
forward the record of the case to the provincial or city By the municipal trial court-when required
prosecutor or chief state prosecutor, or to ombudsman or pursuant to the second paragraph of section 1 of this
his deputy in cases of offenses cognizable by the Sandigan rule ,the preliminary investigation of cases falling under the
bayan in the exercise of its original jurisdiction. They shall original jurisdiction of the metropolitan trial court,
act on the resolution within ten days from their receipt Municipal trial Court in Cities,Municipal Trial court,
thereof and shall immediately inform the parties of such Municipal Circuit Trial Court shall be conducted by the
action prosecutor .the procedure for issuance of a warrant of
No complaint or information may be filed or arrest shall be governed by paragraph (a) of this section
dismissed by an investigating prosecutor without the prior When warrant of arrest not necessary A warrant
written authority or approval of the provincial or city of arrest shall not issue if the accuse I already under
prosecutor or chief state prosecutor or the ombudsman or detention pursuant to a warrant issued by the Municipal
his deputy trial court accordance with paragraph (b) of this section, or
Where the investigating prosecutor recommends the if the complaint or information was filed pursuant to
dismissal of the complaint but his recommendation is section 6 of this rule or is for an offense penalized by fine
disapproved by the provincial or city prosecutor or chief only. The court shall then proceed in the exercise of its
state prosecutor or the ombudsman or his deputy on the original jurisdiction.
ground that a probable cause exist, the latter, may by
himself, file the information against the respondent, or Effect of refusal by prosecution to adduce additional
direct another assistant prosecutor or state prosecutor to evidence
do so without conducting another preliminary In Allado v Diokno it was held that the judge may
investigation. dismiss the case outright for lack of probable cause.
If upon petition by a proper party under such rules Preliminary examination, its purpose
as the department of justice my prescribe or motu propio, A preliminary examination is a proceeding for the
the provincial or city prosecutor or chief state prosecutor, purpose of determining probable cause for the issuance of
he shall direct the prosecutor concerned either to file the warrant of arrest. Its purpose is to determine the (a) fact of
corresponding information without conducting another commission of a crime; and (b) the probability that the
preliminary investigation, or to dismiss or move for person sought to be arrested committed the crime.
dismissal of the complaint or information with notice to the
parties. The same rule shall apply in preliminary Remedy of the complainant if the secretary of justice does
investigations conducted by the officers of the ombudsman not allow the filling of a criminal complaint against the
accused because of insufficiency of evidence.
Remedies if there is no Preliminary investigation The complainant can file a civil action for damages
If there was no preliminary investigation the accused must- against the offender based on Article 35 of the civil code. This
1. Refused to enter a plea upon arraignment and would require a mere preponderance of evidence.
object to further proceeding upon such ground
2. Insist a preliminary investigation
Remedies of a party against whom warrant of arrest has warrant of arrest issued by the court for the purpose of
been issued determining whether said persons should remain under
A party against whom a warrant of arrest has been issued custody and correspondingly charged in court.
may
1. Post bail SECTION 7. RECORDS
2. Ask for an investigation Records supporting the information or complaint-
3. File a petition for review an information or complaint filed in court shall be
4. File a motion to quash the information supported by the affidavit of the parties and their
5. If denied ,he may appeal the judgment after trial witnesses, together with other supporting evidence and the
resolution of the case.
If the judge did not issue a warrant for the arrest of the Record of preliminary investigation- the record of
accused during the preliminary investigation, what is the preliminary investigation, whether conducted by a
remedy of the prosecutor if he believes that the accused prosecutor or other officers as may be authorized by law
should immediately be placed under custody. shall not form part of the record of the case. However, the
The prosecutor should file the information in court, court, on its own initiative or on motion of any party, may
so that the RTC may issue the warrant of arrest. He should order the production of the record or any of its part when
not file for mandamus because that could take two years to necessary in the resolution of the case or any incident
resolve. therein, or when it is to be introduced as an evidence in the
case by the requesting party.
SECTION 6. When accused lawfully arrested without
warrant. SECTION 8. Cases not requiring a preliminary investigation
When a person is lawfully arrested without a nor covered by the rule on summary procedure.
warrant involving an offense which requires a preliminary If filed by the prosecutor – if the complaint is filed directly
investigation, the complaint or information maybe filed by with the prosecutor involving an offense punishable by
a prosecutor without need of such investigation, provided imprisonment of less than (4) years, two months and (1)
an inquest has been conducted in accordance with the day, the procedure outline in section 3 (a) of this rule shall
existing rules, in the absence or unavailability of an inquest be observed. The prosecutor shall act on the complaint
prosecutor, the complaint may be filed by the offended based on the affidavit and other supporting documents
party or a peace officer directly with the proper court on submitted by the complainant within ten (10) days from its
the basis of the affidavit of the offended party or arresting filing
officer or person. If file with the Municipal Trial Court - if the
Before the complaint or information is filed the complaint or information is filed with the Municipal Trial
person arrested may ask for a preliminary investigation in Court or Municipal Circuit Trial Court for an offense
accordance with this rule, but he must sign a waiver of the covered by this section, the procedure in section 3(a) of this
provision of article 125 of the Revised Penal Code, as rule shall be observed. If within ten (10) days after the filing
amended, in the presence of his counsel. Notwithstanding of the complaint or information, the judge finds no
the waiver, he may apply for bail and the investigation must probable cause after personally evaluating the evidence, or
be terminated within fifteen (15) days from its inception. after personally examining in writing and under oath the
After the filing of the complaint or information in complainant and his witnesses in the form of searching
court without a preliminary investigation, the accused may, questions and answers, he shall dismiss the same. He may,
within five 95) days from the time he learns of its filing ,ask however, require the submission of additional evidence,
for a preliminary investigation with the same right to within ten (10) days from the judge still finds no probable
adduce evidence in his defense as provided in this rule. cause despite the additional evidence, he shall, within ten
(10) days from its submission or expiration of said period,
Filing of the complaint or information when the accused is dismiss the case. When he finds probable cause, he shall
lawfully arrested without warrant issue a warrant of arrest, or a commitment order if the
The complaint or information may be filed by a accused had already been arrested, and hold him for trial.
prosecutor without need for a preliminary investigation However, if the judge is satisfied that there is no necessity
provided an inquest proceeding has been conducted in for placing the accused under custody, he may issue
accordance with the existing rules. In the absence of an summons instead of a warrant arrest
inquest prosecutor, the offended party or any peace officer
may file the complaint directly in court on the basis of the Procedure to be followed in cases which do not require
affidavit of the offended party or peace officer. preliminary investigation
Under the amendment, a complaint or information may only 1. Evaluate the evidence presented
be filed after an inquest conducted in accordance with 2. Conduct searching questions or answer
existing rules; provided, however, that in the absence or 3. Require the submission of additional evidence
unavailability of an inquest prosecutor, the complaint may be
filed by the offended party or a peace officer directly with Note For cases covered under the Revised Rules on
the proper court on the basis of the affidavit of the offended Summary Procedure No warrant shall be issued except
party or arresting officer or person. where the accused fails to appear after being summoned.
If the complaint is filed with the prosecutor
The remedy of the person arrested without warrant if he involving an offense punishable by imprisonment of less than
wants a preliminary investigation. 4 years, 2 months and 1 day, the procedure in Rule 112
Before the complaint or information is filed, he section 3 (a) shall be observed
may ask for a preliminary investigation provided that he sign If the complaint is filed with the MTC, the same
a waiver of his rights under Article 125 of the RPC in the procedure under Rule 112 section 3 (a) shall be observed.
presence of counsel. He may still apply for bail in spite of the
waiver. The investigation must be terminated within 15 days. Three (3) conditions that must concur for the issuance of
After the complaint or information is filed but warrant of arrest
before arraignment, the accused may, within 5 days from the 1. The judge must examine in writing and under oath
time he learns of his filing, ask for a preliminary investigation. the complainant and his witnesses by searching
question and answer.
Inquest - Is an informal and summary investigation 2. He must be satisfied that a probable cause exist:
conducted by a public prosecutor in a criminal case involving and
person arrested and detained without the benefit of a
 3. That there is a need to place the respondent under against him, unless he is authorized by the court to be
immediate custody in order not to frustrate the released on bail or recognizance. The prisoner whether
ends of justice under preventive detention or serving fail sentence cannot
practice their profession nor engage in any business or
RULE 113 occupation or hold office, elective appointee, while in
ARREST detention. This is a necessary consequence of arrest and
detention.
SECTION 1. Definition of arrest – Arrest is the taking of a Section 4. Execution of warrant - the head of the office
person into a custody in order that he may be bound to whom the warrant of arrest was delivered for execution
answer for the commission of an offense. shall cause the warrant to be executed within ten days from
SECTION 2. Arrest; how made - Arrest is made by an actual its receipt. Within ten (10) days after the expiration of the
restraint of a person to be arrested, or by his submission to period, the officer to whom it was assigned for execution
the custody of the person making the arrest. shall make a report to the judge who issued the warrant, in
No violence or unnecessary force shall be used in case of his failure to execute the warrant, he shall state the
making an arrest. The person arrested shall not be subject reason therefore.
to a greater restraint than is necessary for his detention
Judges issues a warrant of arrest in two instances
Essential requisites of a valid warrant of arrest. 1. Upon the filing of the information by the Prosecutor.
1. It must be issued upon probable cause which must In issuing this kind of warrant the judge does not
be determined personally by the judge after personally examine the complainant and the witnesses he
examination under oath or affirmation of the may produce but he merely evaluates personally the report
complainant and the witnesses he may produce. and supporting documents and other evidence adduced
2. The warrant must particularly describe the person during preliminary investigation and submitted to him by the
to be seized prosecutor, and if he finds probable cause on the basis
thereof he issues the warrant for the arrest of the accused.
Validity of a warrant of arrest
A warrant of arrest has no expiry date .it remains 2. Upon application of a peace officer
valid until arrest is effected or warrant is lifted. In this kind of, he judge must personally examine
the applicant and the witnesses he may produce to find out
Remedy for warrant improperly issued whether there exist probable cause, otherwise the warrant
Where a warrant of arrest was improperly issued, issued is null and void. He must subject the complainant and
the proper remedy is a petition to quash it. Not a petition for the witnesses to searching questions. The reason for this is
habeas corpus since the court in the latter case may only there is yet no evidence on record upon which he may
order his release but not enjoin the further prosecution or determine the existence of probable cause
the preliminary examination of the accused (Alimpoos vs
Court of appeals 106 SCRA 159) Who may issue warrant of arrest?
Only judicial officer or any person duly authorized
Mode of effecting arrest by law can issue a warrant of arrest. Such power is not
1. By an actual restraint of the person to be arrested possessed by the then fiscal or state attorney. No warrant of
2. By his submission to the custody of the person arrest shall issue except upon probable cause determined
making the arrest personally by the judge after examination and under oath of
the complainant the person to be seized.
Reasonable amount of force may be used to effect arrest
It is a principle very generally accepted that an Failure to execute the warrant of arrest or no report is
officer, having the right to arrest an offender may use such made within ten (10) days.
forced as is necessary to effect his purpose, and to a great If there is failure to execute the warrant of arrest
extent he is made the judge of the degree of force that may or no report is made within (10) days from receipt of the
be properly exerted. warrant by the executing officer, issue an alias warrant and
order the archiving of the case, furnishing a copy of said
Upon arrest, the following may be confiscated from the order to the complainant
person arrested,
1. Object Subject of the offense or used or intended SECTION 5. Arrest without warrant when lawful - A peace
to be used in the commission of the crime. officer or a private person may, without warrant, arrest a
2. Object which are the fruits of the crime person:
3. Those which might be used by the arrested person When, in his presence, the person to be arrested has
to commit violence or escape committed, actually committing, or attempting to commit
4. Dangerous weapons and those which might be an offense.
used as evidence in the case When an offense has just been committed and he
Note: arrest must precede the search the process cannot be has a probable cause to believed base on personal
reversed. nevertheless search substantially knowledge of facts or circumstances that the person to be
contemporaneous with an arrest can precede the arrest if arrested has committed it; and
the police have probable cause to make the arrest at the When the person to be arrested is a prisoner who
outset of the search, reliable information alone is not has escaped from a penal establishment or place where he
sufficient to justify warrantless arrest under section 5 of rule is serving final judgment or is temporarily confined while
113. his case is pending, or has escaped while being transferred
from one confinement to another
SECTION 3. Duty of arresting officer- it shall be the duty of In cases falling under paragraphs (a) and (b)
the officer executing the warrant to arrest the accused and above, the person arrested without a warrant shall be
deliver him to the nearest police station or jail without forthwith delivered to the nearest police station or jail and
unnecessary delay shall be proceeded against in accordance with section 7 of
As a matter of law, when a person indicted for an Rule 112 (5a)
offense is arrested, he is deemed placed under custody of
law. He is placed in actual restraint to liberty in jail so that he
may be bound to answer for the commission of an offense.
He must be detained in jail during the pendency of the case
Lawful warrantless arrest
When in his presence the person to be arrested has General Rule: When making an arrest by virtue of a warrant
committed, actually committing, or about to commit an the officer shall inform the person to be arrested of the
offense (in flagrante delicto arrest) cause of the arrest and the fact that a warrant has been
issued for his arrest.
Essential requisites Exceptions:
Reliable information alone, absent any overt act 1. When he flees
indicative of a felonious enterprise in the presence of and 2. Forcibly resist before the officer has opportunity to
within the view of the arresting officers, are not sufficient to so inform him
constitute probable cause that would justify an in flagrante 3. When the giving of such information will imperil his
delicto arrest arrest
The officer need not have the warrant in his possession
To constitute probable cause, two requisites must concur: at the time of the arrest but after the arrest, if the person
a. The person to be arrested must execute an overt arrested so requires the warrant shall be shown to him as
act indicating that he has just committed ,actually soon as possible.
committing ,or is attempting to commit a crime
b. Such overt act is done in the presence or within the SECTION 8. Method of arrest by officer without warrant -
view of the arresting officer. When making an arrest without warrant, the officer shall
inform the person to be arrested of his authority and the
Overt Act - Physical activity or deed ,indicating the intention cause of the arrest, unless the latter is either engaged in the
to commit a particular crime, more than a mere planning or commission of the offense, pursued immediately after its
preparation, which if carried out to its complete termination commission, has escaped, flees, or forcibly resist before the
following its natural course, without being frustrated by officer has opportunity to so inform him, or when the giving
external obstacles nor by the voluntary desistance of the of such information will imperil the arrest.
perpetrator, will logically ripen into a concrete offense.
1. When an offense has in fact just been committed, SECTION 9. Method of arrest by private person - When
and he has a probable cause to believe based on making an arrest, a private person shall inform the person
personal knowledge of facts and circumstances to be arrested of the intention to arrest him and the cause
that the person to be arrested has committed it. of the arrest, unless the latter is either engaged in the
(doctrine of hot pursuit) commission of the offense, is after pursued immediately
Note: there must be a large measure of immediacy between after its commission, or has escaped, flees, or forcibly resist
the time the offense was committed and the time of arrest before the person making the arrest has opportunity to so
Meaning of personal knowledge of facts constituting inform him, or when the giving of such information will
probable cause sufficient. imperil the arrest
It has been ruled that Personal Knowledge of facts,
in arrest without warrant must be based upon probable SECTION 10. Officer may summon assistance – An officer
cause, which means an actual belief or reasonable grounds of making a lawful arrest may orally summon as many persons
suspicion as he deems necessary to assist him in effecting the arrest.
The ground of suspicion are reasonable when, in the Every person so summoned by an officer shall assist him in
absence of actual belief of the arresting officers , the effecting the arrest when he can ender such assistance
suspicion that the person to be arrested is probably guilty of without detriment to himself.
committing the offense ,is based on actual facts, i.e Arresting officer may orally summon as many
supported by circumstances sufficiently strong in themselves person as he deems necessary to assist him in effecting the
to create probable cause of guilt of the person to be arrest.
arrested. A reasonable suspicion therefore must be founded NOTE: This rule does not cover a private individual making an
on probable cause, coupled with good faith on the part of arrest.
peace officer making the arrest.
2. When the person to be arrested is a prisoner who SECTION 11. Right of officer to break into building - An
has escaped from a penal establishment or place officer, in order to make an arrest either by virtue of a
where he is serving final judgment or temporarily warrant, or without a warrant as provided in section 5, may
confined while his case is pending or has escaped break into building or enclosure where the person to be
while being transferred from one confinement to arrested is or is reasonable believed to be, if he is refused
another. admittance thereto, after announcing his authority and
The same is founded on the principle that at the time of the purpose
arrest, the escapee is in continuous act of committing a crime
3. Where a person who has been lawfully arrested Requisites before an officer can break into a building or
escapes or rescued (section 13,Rule 113) enclosure to make an arrest.
4. By the bonds man for the purpose of surrendering 1. That the person to be arrested is or is necessarily
the accused (sec 23 Rule 114) believed to be in said building
5. Where the accused attempts to leave the country 2. That he has announced his authority and purpose
without permission of the court for entering therein
3. That he has requested and been denied
SECTION 6. Time of making arrest- An arrest may be made admittance.
on any day and at any time of the day and night.
SECTION 7. Method of arrest by officer by virtue of warrant NOTE: Rule is applicable both where there is a warrant and
When making an arrest by virtue of a warrant, the where this a valid arrest without warrant
officer shall inform the person to be arrested of the cause of
the arrest and the fact that a warrant has been issued for SECTION 12. Right to breakout building or enclosure -
his arrest, except when he flees or forcibly resist before the Whenever an officer has entered the building or enclosure
officer has opportunity to so inform him, or when the giving in accordance with the preceding section, he may break out
of such information will imperil the arrest. The officer need therefrom when necessary to liberate himself.
not have the warrant in his possession at the time of the SECTION 13. Arrest after escaped or rescue – If a person
arrest but after the arrest, if the person arrested so lawfully arrested escapes or is rescued, any person may
requires, the warrant shall be shown to him as soon as immediately pursue or retake him without a warrant at any
practicable. time and in any place within the Philippines
SECTION 14. Right of attorney or relative to visit person Bail may be given in the form of corporate surety, property
arrested. Any member of the Philippine bar shall, at the bond, cash deposit, or recognizance.
request of the person arrested or of another acting in his
behalf, have the right to visit and confer privately with such Bail bond distinguished from recognizance
person in the jail or any other place of custody at any hour Bail bond Recognizance
of the day or night subject to reasonable regulations, a Is an obligation under seal given Is an obligation of
relative of the person arrested can also exercise the same by the accused with one or more record entered into
right. sureties, and made payable to before some court or
proper officer with the condition magistrate duly
An attorney of the person arrested have the right to visit to be void upon performance by authorized to take it.
and confer privately with such person in jail or any place of the accused of such act as he With condition to do
custody at any hour of the day or night. may legally be required to some particular act.
Under Republic act no 7438,any person arrested or perform.
detained or under custodial investigation shall be allowed to
visit by or conferences with any member of his immediate Note: a person is in custody of law when he has been either
family, or any medical doctor, or priest or religious minister arrested or otherwise deprived of his freedom when he has
chosen by him or by any member of his immediate family or voluntarily submitted himself to the jurisdiction of the court
by his counsel, or by any national non-government by surrendering, to the proper authorities.
organization duly accredited by the commission on human All person except those charged with offenses punishable by
rights or by any international non-governmental organization reclusion perpetua when evidence of guilt is strong, shall
duly accredited by the office of the president. before conviction be bailable by sufficient sureties, or be
The person’s immediate family shall include his or her released on recognizance as maybe provided by law. The
spouse, fiancé or fiancée, parent or child, brother or sister, right to bail shall not be impaired even when the privilege of
grand parent or grandchild, uncle or aunt, nephew or niece, the writ of habeas corpus is suspended. (section 13 article III
or guardian and ward. 1987 constitution)
1. Custodial investigation
 Involves any questioning initiated by law Prosecution witnesses may also be required to post bail to
enforcement officer after a person has ensure their appearance at the trial of the case where.
been taken into custody or otherwise 1. There is a substitution of information (sec 4, Rule
deprived of his freedom of action in any 110)
significant way. 2. Where the court believes, that a material witness
 It is only after investigation ceases to be a may not appear at the trial
general custody into unsolved crime and 3. Requiring arraignment before grant of bail, not
begins to focus on a particular valid
suspect ,the suspect is taken into custody It is a mistaken theory for the court to first require
,and the police carries out a process of arraignment before the grant of bail where it is authorized.
interrogations that lend itself to eliciting The reasons are
incriminating statements that the rule The trial court could ensure the presence of the accused at
begins to operate the arraignment precisely by granting bail and ordering his
 Embraced in custodial investigation presence at any stage of the proceeding such as arraignment
 Invited for questioning (section 2(b) Rule 114) and the accused would be placed in a
 Re enactment position where he has to choose between filing of a motion
 Not embraced in custodial investigation to quash so that he can be arraigned at once and thereafter
 Police line up be released on bail (lavides vs court of appeal, 324 scra 321)
 Ultraviolet ray examination
 Normal audit examination by SECTION 2. Condition of the bail requirements - all kinds of
the COA or accountability of a bail are subject to the following conditions. The
public officer undertaking shall be effective upon approval, and unless
2. When the threat or promise was made by or in the cancelled shall remain in force at all stages of the case until
presence of a person in authority who has, or is promulgation of the judgment of the RTC. Irrespective of
supposed by the accused to have power or whether the case was originally filed in or appealed to it.
authority to fulfil the threat or promise the The accused shall appear before the courts whenever
confession of the accused is inadmissible. required by the court or these rules the failure of the
3. Presumption of regularity in the performance of accused to appear at the trial without justification despite
duties due notice shall be deemed a waiver of his right to be
Does not apply during in custody investigation, nor present thereat, in such case, the trial may proceed in
can it prevail over the constitutional right of the absentia: and
accused to be presumed innocent. That failure of the accused to appear at the trial
4. The arresting officer may be held civilly liable for without justification and despite due notice shall be
damages under Art 32 of the civil code the very deemed a waiver of his right to be present thereat. In such
nature of Art 32 is that the wrong may be civil or case. The trial may proceed in absentia .and
criminal .it is not necessary that there should The bondsman shall surrender the accused to the court for
malice or bad faith. execution of the final judgment
5. Section 26 of Rule 114 of the New Rules of Criminal The original papers shall state the full name and address of
Procedure provides that bail is not a bar to the accused, the amount of the undertaking and the
objection on illegal arrest, lack of or irregular condition required by this section. Photograph
preliminary investigation .this is an abandonment (passportsize) taken within the last six (6) months a
of the Cojuangco Jr v Sandigan Bayan. showing, the face. Left and right profiles of the accused
must be attached to the bail. (2a)
RULE II4- BAIL
SECTION. 1. Bail defined - Bail is the security given for
release of a person in custody of law, furnished by him or a
bondsman, to guarantee his appearance before any court as
required under the conditions hereinafter specified. The condition of the bail are:
 1. If before conviction, the defendant shall answer offense from nonbailable to bailable the application for bail
the complaint or information in the court in which can only be filed with and resolved by the appellate court.
it is filed or to which it may be for trial. Should the court grant the application, the accused be
2. After conviction, that he will surrender himself in allowed to continue on provisional liberty during the
execution of the judgment that the appellate court pendency of the appeal under the same bail subject the
may render, and consent of the bondsman.
3. That in case the cause is remanded for new trial, he If the penalty imposed by the trial court is
will appear in the court to which it may be imprisonment exceeding six years, the accused shall be
remanded and submit himself to the orders and denied bail, or his bail shall be cancelled upon showing by
process thereof. For failure to perform any of these the prosecution, with notice to the accused, of the
conditions, the bond given in security thereof may following or other similar circumstances.
be forfeited. 1. That he is recidivist, quasi recidivist or habitual
delinquents, or has committed a crime aggravated
A detention prisoner who escapes waives his right to cross by circumstances of reiteration
examination. 2. That he has previously escaped from legal
By filing a fake bail bond, an appellant is deemed to have confinement, evaded sentence, or violated the
escaped from confinement during pendency of his appeal condition of bail without valid justification;
and in the normal course of things, his appeal should be 3. That he committed the offense while under
dismissed. The condition of the bail that the accused shall probation, parole or conditional pardon
appear before the proper court when ever so required by the 4. That the circumstances of his case indicate the
court or these rules operates as a valid restriction on his probability of flight if released on bail
right to travel. 5. There is undue risk that he may commit another
crime during the pendency of the appeal.
SECTION 3. No released or transfer except on court order or The appellate court may, motu propio or on motion of
bail. No person under detention by legal process shall be any party, review the resolution of the regional trial court
released or transferred except upon order of the court or after notice to the adverse party in either case.
when he is admitted to bail.
The court could not, however, impose as condition Rules on availability of bail
for bail arraignment of the accused (lavides vs CA, GR NO Regardless of the stage of criminal prosecution, no
129670 February 1, 2000) bail shall be allowed if the accused is charged with a capital
offense or an offense punishable by reclusion perpetua and
SECTION 4. Bail as a matter of right; exception- all person in the evidence of guilt is strong (sec 7)
custody shall be admitted to bail as a matter of right, with Before and after conviction by the MTC, Municipal
sufficient sureties, or released on recognizance as Trial Court or MCTC, bail is a matter of right (Sec 4)
prescribed by law or this rule (a) before or after conviction Before conviction by the RTC whether in the
by the Metropolitan Trial Court, Municipal Trial Court, exercise of its original or appellate jurisdiction bail is a matter
Municipal Trial court in Cities or Municipal Circuit Trial of right (sec 4) upon conviction by the RTC of an offense not
Court, and before conviction by the Regional trial court of punishable by death ,reclusion perpetua or life imprisonment
an offense not punishable by death, reclusion perpetua or admission to bail is discretionary.
life imprisonment. After conviction by the RTC wherein a penalty of
imprisonment exceeding 6 but not more than 20 years is
When bail is a matter of right imposed and not one of the circumstances below is present
1. Before or after conviction by the inferior courts; and proved, bail is a matter of discretion.
and  Recidivism ,quasi recidivism of habitual
2. Before conviction by the RTC EXCEPT when the delinquency or habitual delinquency or commission
imposable penalty is death, reclusion perpetua or of crime aggravated by the circumstances of
life imprisonment and the evidence of guilt is reiteration
strong.  Previous escape from legal confinement ,evasion of
Note: Prosecution does not have the right to oppose or to sentence or violation of the condition of bail
present evidence for its denial without valid justification
When bail is a matter or discretion  Commission of an offense while on
1. Before conviction, in offenses punishable by death, probation ,parole or under conditional pardon
reclusion perpetua, or life imprisonment  Circumstance of the accused or his case indicates
2. After conviction by the RTC of a noncapital offense the probability of flight if released on bail
Note: Prosecution is entitled to present evidence for its  Undue risk of commission of another crime by the
denial accused during pendency of the appeal
Where however, there is a reduction of bail as After conviction by the RTC imposing a penalty of
recommended or after conviction by the RTC of an offense imprisonment exceeding 6 years but not more than 20 years
punishable not punishable by death, reclusion perpetua, or and any of the circumstance is present and, no bail shall be
life imprisonment wherein the grant of bail is discretionary, granted imposing a penalty of imprisonment exceeding 6
there must be a hearing before a bail is granted in order to years but not more than 20 years and any circumstances
afford the prosecution the chance to oppose it. enumerated above and other similar circumstances is
The prosecution cannot adduce evidence for the present and proved, no bail shall be granted.
denial of bail were it is a matter of right. However, where the No bail shall be allowed after judgment has become
grant of bail is discretionary. The prosecution may show final unless accused applied for probation before
proof to deny the bail. commencing to serve sentence of penalty and offense within
purview of probation law.
SECTION 5. Bail, when discretionary- upon conviction by the
regional trial court of an offense not punishable by death, SECTION 6. Capital offense defined - A capital offense is an
reclusion perpetua or life imprisonment, admission to bail is offense which, under the law existing at the time of its
discretionary. the application for bail may be filed and commission and of the time of its commission and of the
acted upon by the trial court despite the filing of a notice of application for admission to bail, may be punished with
appeal, provided it has not transmitted original record to death.
the appellate court .However, if the decision of the trial If the law at the time of commission does not
court convicting the accused changed the nature of the impose the death penalty .the subsequent amendment of
the law increasing the penalty cannot apply to the case A property bond is an undertaking constituted as
otherwise it would be ex post facto law, and penalties are lien on real property given as security for the amount of the
determined by the law at the time of the commission of the bail within 10 days after the approval of the bond, the
offense. accused shall cause the annotation of the lien on the
If the law at the time of the application for bail has certificate of title on file with the registry of deeds if the
amended the prior law which imposed the death penalty by land is registered or if unregistered, in the registration book
reducing such penalty, such favorable law generally has a on the space provided therefore, in the registry of deeds for
retroactive effect. the province or city and municipal assessor concerned.
Within the same period, the accused shall submit to the
SECTION 7. Capital offense or an offense punishable by court his compliance and his failure to do so shall be
reclusion perpetua or life imprisonment, not bailable. No sufficient cause for the cancellation of the property bond
person charged with capital offense, or an offense and his re arrest and detention.
punishable by reclusion perpetua or life imprisonment shall LIEN – A right to keep possession of property belonging to
be admitted to bail when evidence of guilt is strong, another person until a debt owed by that person is
regardless of the stage of criminal prosecution. discharged.
SECTION 8. Burden of proof in bail application – at the
hearing of an application for bail filed by a person who is in SECTION 12. Qualification of sureties in property bond
custody for the commission of an offense punishable by The qualifications of sureties in property bond
death, reclusion perpetua, or life imprisonment, the 1. Each must be a resident owner of real state in the
prosecution has the burden of showing that the evidence of Philippines
guilt is strong. The evidence presented during the bail 2. When there is only one surety, his real estate must
hearing shall be considered automatically reproduced at the be worth at least the amount of the undertaking
trial but, upon motion of either party, the court may recall and
any witness for additional examination unless the latter is 3. If there are two or more sureties, each must justify
dead, outside the Philippines, or otherwise unable to in an amount less than that express in the
testify. undertaking but the aggregate of justified sums
The hearing should be summary or otherwise in the must be equivalent to the whole amount of the bail
discretion of the court. The burden of proving that the demanded.
evidence of guilt is strong lies within the fence of the In all cases, every surety must be worth the amount
prosecution. Evidence of guilt is strong when proof is evident specified in his own undertaking over and above all just
or presumption of guilt is strong. The test is not whether the debts, obligations and properties exempt from execution.
evidence establishes guilt beyond reasonable doubt but Note Philippine residency is required of a property of the
rather whether it shows evident of guilt or a great bondsman. The reason for this is that bondsman in criminal
presumption of guilt. The evidence presented during the bail cases, residing outside of the Philippines, are not within the
hearing are considered automatically reproduced during the reach of the processes of the courts. (villasenor vs abano,21
trial but upon motion of either party, the court may recall scra 312)
any witness for additional examination unless the witness is
dead outside of the Philippines, or otherwise unable to SECTION 13. Justification of Sureties – every surety shall
testify. justify by affidavit taken before the judge that he possesses
the qualification prescribed in the preceding section. He
SECTION 9. Amount of bail guidelines - The judge who shall described the property given as security, stating the
issued the warrant or granted the application shall fix a nature of his title, its encumbrances, the number and
reasonable amount of considering primarily but not limited amount of other bails entered into by him and still
to, the following factors. undischarged, and his other liabilities. The court may
1. Financial ability of the accused to give bail examine the sureties upon oath concerning their sufficiency
2. Nature and circumstances of the offense charged in such manner as it may deemed proper. No bail shall be
3. Penalty for the offense charged approved unless the surety is qualified.
4. Age and health of the accused
5. Weight of evidence against the accused SECTION 14. Deposit of cash as bail –the accused or any
6. Probability of the accused appearing at the trial person acting in his behalf may deposit in cash with the
7. Forfeiture of other bail nearest collector of internal revenue or provincial, city, or
8. The fact that the accused was a fugitive from municipal treasurer, or the clerk of court where the case is
justice when arrested pending the amount of bail fixed by the court, or
9. The fact that the accused was a fugitive from recommended by the prosecutor who investigated or filed
justice when arrested ;and the case. Upon submission of a proper certificate of deposit
10. Pendency of other cases where the accused is on and a written undertaking showing compliance with the
bail requirements of section 2 of this rule, the warden or person
Excessive bail shall not be required having custody of the accused shall release him without
But at the bottom, in bail fixing, the principal factor necessity of a further order from the court.
considered to the determination of which most other factors The money deposited shall be considered as bail and
are directed, is the probability of the appearance of the applied to the payment of fine and cost while the excess, if
accused or of his flight to avoid punishment (villasenor vs any, shall be returned to the accused or to whoever made
abano,21 SCRA 312). Bail must not be in a prohibitory the deposit.
excessive bail is not to be required SECTION 15. Recognizance- whenever allowed by law or
these rules, the court may release a person in custody on
SECTION 10. Corporate surety - any domestic or foreign his own recognizance or that of a responsible person.
corporation, licensed as a surety in accordance with law and
currently authorized to act as such, may provide bail by a Recognizance - This refers to an obligation of record, entered
bond subscribed jointly by the accused and officer of the into before some court or officer authorized to take it with a
corporation duly authorized by its board of directors. condition to do some particular act, the most usual condition
in criminal case being the appearance of the accused for trial.
Note the released of the accused may be on his own
recognizance, which means that he has become his own
SECTION 11. Property, how posted jailer.
SECTION 16. Bail when not required reduced bail on 4. Any person in custody who is not yet charged in
recognizance- no bail shall be required when the law or court may apply for bail with any court in the
these rule so provide. province, city or municipality where he is held.
When a person has been in custody for a period equal to or 5. If the decision of the trial court convicting the
more than the possible maximum imprisonment prescribed accused changed the nature of the offense from
for the offense charged, he shall be released immediately, nonbailable to bailable the application for bail can
without prejudice to the continuation of the trial or the only be filed with and resolved by the appellate
proceeding on appeal. If the maximum penalty to which the court.
accused is destierro, he shall be released after thirty days of SECTION 18. Notice of application to prosecutor- In the
preventive imprisonment. application for bail under section 8 of this rule, the court
A person in custody or for a period equal to or more than must give reasonable notice of the hearing to the
the minimum of principal prescribed for the offense prosecutor or require him to submit his recommendation.
charged ,without application of indeterminate sentence law When the admission to bail is a matter of
or any modifying circumstances .shall be released on discretion, the court must give reasonable notice of the
reduced bail or on his own recognizance ,at the discretion hearing to the prosecutor or require him to submit his
of the court. recommendation. Such notice is necessary because the
burden of proving that the evidence of guilt is strong is on
Can be released without bail the prosecution and that the discretion of the court in
1. Offense charged is violation of an ordinance light admitting the accused to bail can only be exercised after the
felony or a criminal offense the imposable penalty fiscal has been heard regarding the nature of the evidence in
wherefore does not exceed six months of his possession (people vs Raba ,130,Phil 384). Note a warrant
imprisonment and /or fine of 2.000 under RA 603. of arrest without recommendation for bail is a violation of
2. Where the accused has applied for probation and the constitutional right of the accused to bail unless the
before the same has been resolved but no bail was accused is charged with offenses punishable by reclusion
filed or the accused is incapable of filing one ,in perpetua or higher and the evidence of guilt is strong.
which case he may be released on recognizance (Paraga vs Veneracio)
3. In case of youthful offender held for physical and SECTION 19. Released on bail- the accused must be
mental examination trial or appeal if unable to discharged upon approval of the bail by the judge with
furnish bail and under the circumstances under PD whom it was filed in accordance with section 17 of this rule.
603 as amended. When bail is filed with the court other than where
4. A person who has been in custody for a period the case is pending, the judge who accepted the bail shall
equal to or more than the possible maximum forward it, together with the order of released and other
imprisonment prescribed for the offense charged, supporting papers to the court where the case is pending,
without prejudice to the continuation of the trial or which may for good reason, require a different one to be
the proceeding on appeal filed.
A person accused of an offense with a maximum penalty SECTION 20. Increased or reduction of bail- after the
of destierro shall be released after 30 days preventive accused is admitted to bail, the court may, upon good
imprisonment cause, either increased or reduce its amount. When
on reduced bail or on his own recognizance. A person in increased, the accused may be committed to custody if he
custody for a period equal to or more than the minimum of does not give bail in the increased amount within a
the principal penalty prescribed for the offense charged reasonable period .an accused held to answer a criminal
without application of indeterminate sentence law or any charged. Who is released without bail upon filing of the
modifying circumstance shall be released on reduced bail or complaint or information, may, at any subsequent stage of
on his own recognizance. the proceeding and whenever a strong showing of guilt
appears to the court, be required to give bail in the amount
under the revised rule on summary procedure fixed, or in lieu thereof committed to the custody.
General rule –no bail SECTION 21. forfeiture of bail - when the presence of the
Exception – accused is required by the court or these rules, his
1. when a warrant of arrest is issued for failure to bondsman shall be notified to produce him before the court
appear when required by the court on a given date and time .if the accused fails to appear in
2. When the accused person as required, his bail shall be declared forfeited and
3. Recidivist the bondsmen given thirty (30) within which to produce
4. Is fugitive from justice their principal and to show cause why no judgment should
5. Is charged with physical injuries be rendered against them for the amount of their bail with
6. Does not reside in the place where the violation of the said period, the bondsmen must.
the law or ordinance is committed or  Produce the body of the principal and give reason
7. Has no known residence. for his non production ;and
SECTION 17 Bail where filed  Explain why the accused did not appear before
1. May be filed with the court where the case is the court when first required to do so.
pending, or in the absence or unavailability of the Failing in these two requisites, a judgment shall be
judge thereof, with any regional trial judge, or any rendered against the bondsmen, jointly and severally, for
inferior court judge, in the province city or the amount of bail. The court shall not reduce or otherwise
Municipality. mitigate the liability of the bondmen, unless the accused
2. If the accused is arrested in a province, city or has been surrender or acquitted.
municipality other than where the case is SECTION 22. Cancellation of bail –Upon application of the
pending, bail may also be filed with any regional bondsmen, with due notice to the prosecutor, the bail may
trial court of the said place, or if no judge thereof be cancelled upon surrender of the accused or proof of his
is available, with any inferior court judge therein. death
3. Whenever the grant of bail is a matter of The bail shall be deemed automatically cancelled upon
discretion ,or the accused seek to be released on acquittal of the accused, dismissal of the case, or execution
recognizance, the application may be filed only in of the judgment of conviction.
the particular court where the case is pending In all instances, the cancellation shall be without prejudice
whether on trial or on appeal to any liability on the bail.
SECTION 23. Arrest of accused out on bail – for the purpose
of surrendering the accused, the bondsman may arrest him
or, upon written authority endorsed on a certified copy of Due Process
the undertaking, cause him to be arrested by a police officer 1. Substantive- consider the intrinsic validity of the
or any other person of suitable age and discretion. law
An accused released on bail may be re-arrested without the 2. Procedural- based on the principle that a court
necessity of a warrant if he attempts to depart from the hears before it condemns. Requirement of notice
Philippines without permission of the court where the case and hearing
is pending.
SECTION 24. No bail after final judgment; exception- no bail A: To be presumed innocent - In all criminal prosecutions,
shall be allowed after a judgment of conviction has become the accused is presumed innocent until the contrary is
final. If before such finality, the accused applies for proved beyond reasonable doubt.
probation, he may be allowed temporary liberty under his
bail. When no bail was filed or the accused is incapable of Meaning of Reasonable doubt
filing one, the court may allow his release on recognizance By reasonable doubt is not meant that which
to the custody of a responsible member of the community. I possibility may arise but it is that doubt engendered by an
n no case shall bail be allowed after the accused has investigation, to let the mind rest easy upon certainty of
commence to serve sentence. guilt. Absolute certainty of guilt is not demanded by law to
convict any criminal charged but moral certainty is required,
General rule: No bail shall be allowed after the judgment has and this certainty is required as to every proposition of proof
become final as what is left is for him to serve the sentence requisite to constitute the offense.
Exception: when he has applied for probation before
commencing to serve sentence; penalty and the offense Reason: The slightest possibility of an innocent man being
being within the purview of perfecting an appeal, such filing convicted for an offense he has not committed would be far
operates as a waiver of the right to appeal. more dreadful than letting a guilty person go unpunished for
Exception to exception: the accused shall not be allowed to a crime he may have perpetrated (people vs lagmay,306
be released on bail after he has commenced to serve his SCRA 157)
sentence
The application for probation must be filed within Equipoise rule - Provides that where the evidence of the
the period of perfecting an appeal. Such filing operates as a parties in a criminal case are evenly balanced, the
waiver of the right to appeal .the accused in the meantime is constitutional presumption of innocent should tilt in favor of
entitled to be released on bail on recognizance. the accused who must be acquitted.
SECTION 25. Court supervision of detainees- the court shall
exercise supervision over all persons in custody for the Exception to the Presumption of innocent
purpose of eliminating unnecessary detention. The The legislature may enact that when certain facts
executive judges of the Regional Trial Courts shall conduct has been proved, they shall be prima facie evidence the
monthly personal inspection of provincial, city and existence of guilt of the accused and shift the burden of
municipal jails and the prisoners within their respective proof provided there be a rational connection between the
jurisdictions. They shall ascertain the number of detainees, facts proved and the ultimate fact presumed so that the
inquire on their proper accommodation and health and inference of the one from proof of the other is not
examine the condition of the jail facilities. They shall order reasonable and arbitrary experience (People v Minoa 92 Phil
the segregation of sexes and of minors from adults, ensure 856 (1953). In cases of self defense, the person who invokes
the observance of the right of detainees to confer privately self defense is presumed guilty, in this case a REVERSE TRIAL
with counsel, and strive to eliminate conditions inimical to will be held.
the detainees.
In cities and municipalities to be specified by the B: To be informed of the nature and the cause of accusation
supreme court, the municipal trial judges or municipal against him.
circuit trial judges shall conduct a monthly personal This right requires that the information should
inspection of the municipal jails in their respective state the facts and the circumstances constituting the crime
municipalities and submit a report to the executive judge of charged in such a way that a person of common
the Regional Trial Court having jurisdiction therein. A understanding may easily comprehend and be informed of
monthly report of such visitation shall be submitted by the what it is about. An accused cannot be convicted of an
executive judges to the court administrator which state the offense unless it is easily charged in the complaint or
total number of detainees, names of those held for more information.to convict him of an offense other than that
than thirty days, the duration of detention, the crime charged in the complaint or information would be a violation
charged, the status of the case, the cause for detention and of this constitutional right (people vs Ortega 276 scra 166)
other pertinent information. When a person is charged in a complaint with a
SECTION 26. Bail not a bar to objections on illegal arrest, crime and the evidence does not show that he is guilty
lack of or irregular preliminary investigation –an application thereof, but does not show that he is guilty of some other
for or admission to bail shall not bar the accused from crime or a lesser offense the court may sentence him for the
challenging the validity of his arrest or the legality of the lesser offense, provided the lesser offense is a cognate
warrant issued therefore, or from assailing the regularity or offense and is included in the complaint with the court
questioning the absence of a preliminary investigation of The qualifying or aggravating circumstances must
the charge against him, provided that he raises them before be alleged and proved in order to be considered by the court.
entering his plea. The court shall resolve the matter as early
as practicable, but not later than the start of the trial of the C: To be present and defend in person and by counsel at
case. every stage of the proceeding.
RULE 115 The presence of the accused is required only:
RIGHTS OF ACCUSED 1. During arraignment
2. Promulgation of sentence except when the
SECTION 1. Rights of accused at the trial – in all criminal conviction is for light offense, in which case, it may
prosecutions, the accused shall be entitled to the following be pronounced in the presence of his counsel or a
rights: representative.
The rule enumerated the rights of a person accused 3. When ordered by the court for purpose of
of an offense, which are both constitutional as well as identification
statutory, save the right to appeal which is pure statutory Not applicable in SC and CA – the law securing to an accused
character person the right to be present at every stage of the
proceeding has no application to the proceeding before the F: Right against self-incrimination - The accused is protected
court of appeals and the Supreme Court nor to the entry and under this rule from questions which tend to incriminate
promulgation of their judgments. The defendant need not be him. That is which may subject him to penal liability.
present in court during the hearing of the appeal. Note: The right may be waived by the failure of the accused
Accused may waived his right to be present during to invoke the privilege at the proper time, that is, after the
the trial. However, his presence may be compelled when he incriminating question is asked and before his answer. The
is to be identified (Aquino Jr. vs. Military commission, 63 privilege of the accused to be exempt from testifying as a
SCRA 546) witness involves a prohibition against testimonial compulsion
only and the production by the accused of incriminating
Effect of waiver of the right to appear by the accused documents and articles demanded from him (US VS Tan Teng
1. Waiver of the right to present evidence 23 Phil 145)
2. Prosecution can present evidence if accused fails to
appear Rationale for protecting the right against self-incrimination
3. The court can decide without accused’s evidence 1. Humanitarian reasons – to prevent the state from
using its coercive powers
Trial in absentia: It is important to state that the provision of 2. Practical reasons –the accused is more likely to
the constitution authorizing the trial in absentia of the commit perjury
accused in case of his non-appearance after arraignment
despite due notice simply means that he thereby waives his Exception Immunity statutes such as
right to meet the witnesses face to face among others. Such 1. RA 1379 –forfeiture of illegally obtained wealth
waiver of a right of the accused does not mean a released of 2. RA 749- Bribery and Graft cases
the accused from the obligation under the bond to appear in
court whenever so required the accused may waived his right Right of the accused vs right of ordinary witness
but not his duty or obligation to the court. The ordinary witness may be compelled to take the
witness stand and claim the privilege as each question
Requirement for trial in absentia requiring an incriminating answer is shot at him, while an
1. The accused has been arraigned. accused may all together refuse to take the witness stand
2. He has been duly notified of the trial and refuse to answer any and all questions.
3. His failure to appear is unjustifiable Note: if the accused testifies in his own behalf, then he may
Escapee who has been duly tried in absentia waives be cross examined as any other witness. He may not on cross
his right to present evidence on his own behalf and examination refuse to answer any question on the ground
to confront and cross examine witnesses who that the answer that he will give, or the evidence he will
testified against him (Gimenez vs. Nazareno, 160 produce would have the tendency to incriminate him for the
SCRA 1) crime with which he is charged but he may refuse to answer
any question incriminating him for an offense distinct from
D: Right to counsel - Without the aid of counsel, a person that for which he is charged.
may be convicted not because he is guilty but because he
does not know how to establish his evidence. The right Distinguished between use immunity and transactional
covers the period beginning from custodial investigation, immunity
well into the rendition of the judgment and even on appeal. USE IMMUNITY TRANSACTIONAL IMMUNITY
(People vs. Serzo, Jr. 274 SCRA 553) Witness compelled Witness immune from
testimony and the fruits prosecution of a crime to which
Custodial investigation - Is the questioning by law thereof cannot be used in his compelled testimony relates
enforcement officers of a suspect taken into custody or subsequent prosecution
otherwise deprived of his freedom of action in a significant of a crime against him
way. It includes the practice of issuing an invitation to a Witness can still be Witness cannot be prosecuted
person who is investigated to have committed (RA 7438). If prosecuted but the at all
during the investigation the assisting lawyer left or come and compelled testimony
goes, the statement signed by the accused is still cannot be used against
inadmissible because the lawyer should assist his client from him
the time the confessant answers the first question asked by
the investigating officer until the signing of the extra judicial G: Right to confront and cross examine the witnesses
confession. against him at trial
NOTE: The right to counsel and the right to remain silent do Confrontation - It is the act of setting a witness face to face
not cease even after a criminal complaint /information has with the accused so that the latter may make any objection
already been filed against the accused as long as he is still in he has to the witness. And the witness may identify the
custody. The duty of the court to appoint a counsel de officio accused, and this must take place in the presence of the
when the accused has no legal counsel of choice and desires court having jurisdiction to permit the privilege of cross
to employ the services of one is mandatory only at the time examination.
of arraignment (sec 6, Rule 116) Purpose: The primary purpose is to secure the opportunity of
cross examination and the secondary purpose is to enable
E: To testify as a witness in his own behalf - A denial of the the judge to observe the demeanor of witnesses.
defendant right to testify in his behalf would constitute an By way of an exception to this rule, it is provided
unjustifiable violation of the constitutional right (people vs that either party may utilize as part of its evidence the
Santaigo),46 Phil 734) testimony of a witness who is deceased, out of the country
Note: if the accused testifies, he may be cross examined but or cannot with due diligence be found in the Philippines
only on matters cover by his direct examination, unlike an unavailable or otherwise unable to testify, given in another
ordinary witness who can be cross examined as to any case or proceeding, judicial or administrative, involving the
matter stated in the direct examination or connected same parties and subject matter, the adverse party having
therewith (section 6,Rule 132) his failure to testify is not had the opportunity to cross examine him.
taken against him but failure to produce evidence in his
behalf is considered against him (US VS Bay, 97 PHIL 495) H: Right to compulsory process - This is the right of the
accused to have a subpoena or subpoena ducess tecum
issued in his behalf in order to compel the attendance of
witnesses and production of other evidence. If a witness
refused to testify when required is in contempt of court. The 2. Where the penalty prescribed by law does not
court may order a witness to give bail or to be arrested. In exceed 6 months imprisonment or a fine of 1.000
any criminal proceeding, the defendant enjoys the right to or both
have a compulsory process to secure attendance of 3. Those authorized by the chief justice of the SC
witnesses and production of evidence in his behalf.
Period for arraignment of the accused
I: Right to speedy, impartial and public trial - The right to a Within thirty (30) days from the filing of the
speedy trial is intended to avoid oppression and to prevent information, or from the date the accused appealed before
delay by imposing on the courts and on the prosecution an the justice /judge/court in which the charge is pending,
obligation to proceed with reasonable dispatch. The courts, whichever date last occurs.
in determining whether the right of the accused to a speedy
trial has been denied, delay, the accused’s assertion or non- When shall trial commence after arraignment
assertion of his right, and prejudice to the accused resulting Within thirty (30) days from arraignment however, it may be
from delay. extended but only
Note: there is no violation of the right where the delay is 1. For 180 days for the first 12 calendar month period
imputable to the accused (Solis vs Agloro 64 SCRA 370) from effectivity of the law
2. 120 days for the second 12 month period; and
Remedies available to the accused when his right to speedy 3. 80 days for the third 12 month period
trial is violated
1. He should ask for trial of the case not for dismissal RULE 116
2. Unreasonable delay of the trial of a criminal case as ARRAIGNMENT AND PLEA
to make the detention of defendant illegal gives
ground for habeas corpus as a remedy for SECTION 1. Arraignment and Plea; how made. The accused
obtaining release so as to avoid detention for a must be arraigned before the court where the complaint or
reasonable period of time. information was filed or assigned for trial. The arraignment
3. Accused would be entitled to relief in a mandamus shall be made in open court by the judge or clerk by
proceeding to compel a dismissal of information. furnishing the accused with a copy of the complaint and
information, reading the same in the language or dialect
Impartial trial - Due process of law requires a hearing before known to him, and asking him whether he pleads guilty or
an impartial and disinterested tribunal, and that every not guilty. The prosecution may call at the trial witnesses
litigant is entitled to nothing less than the cold neutrality of other than those named in the complaint or information.
an impartial judge (Mateo, Jr. vs Villaluz) The accused must be present at the arraignment
Note: like caesar’s wife, a judge must not only be pure but and must personally enter his plea .Both arraignment and
beyond suspicion. (Palang vs Zosa, SCRA 776) plea shall be made of record, but failure to do so shall not
affect the validity of the proceedings.
Public trial - It means one held openly or publicly, it is 1. When the accused refuses to plead or make a
sufficient that the relatives and friends who want to watch conditional plea, a plea of not guilty shall be
the proceedings are given the opportunity to witness the entered for him.
proceedings. 2. When the accused pleads guilty but present
Exclusion of the public is valid exculpatory evidence ,his plea shall be deemed
1. Evidence to be produced is offensive to decency or withdrawn and a plea of not guilty shall be
public morals entered for him
2. Upon motion of the accused (sec 21 Rule 119) 3. When the accused is under preventive detention,
his case shall be raffled and its records
Rule on trial by publicity - The right of the accused to a fair transmitted to the judge to whom the case is
trial is not incompatible to a free press. Pervasive publicity is raffled within three (3) days from the filing of
not per se as prejudicial to the right to a fair trial. To warrant complaint or information. The accused shall be
a finding of prejudicial publicity, there must be allegations arraigned within ten (10) days from the date of
and proof that the judges have been unduly influenced, not the raffle. The pre-trial conference of his case shall
simply that they might be, by the barrage of publicity (People be held within ten (10) days after arraignment.
vs. Teehankee, 249 SCRA 54) 4. The private offended party shall be required to
appear at the arraignment for purposes of plea
J: Right to appeal on all cases allowed by law and in the bargaining, determination of civil liability, and
manner prescribed by law. other matter requiring his presence. In case of
The right to appeal from a judgment of conviction failure of the offended party to appear despite
is fundamentally of statutory origin. It is not a matter of notice, the court may allow the accused to enter a
absolute right independently of constitutional or statutory plea of guilty to a lesser offense which is
provisions allowing such appeal necessary included in the offense charged with
conformity of the trial prosecutor alone.
Waiver of the right to appeal 5. Unless a shorter period is provided by special law
The right to appeal is personal to the accused and or supreme court circular. The arraignment shall
similarly to other rights of kindred nature, it may be waived be held within 30 days from the date the court
either expressly or by implication. However, where death acquires jurisdiction over the person of the
penalty is imposed, such right cannot be Waived as the accused. The time of the pendency of motion to
review of the judgment by the Supreme Court is automatic quash or a bill of particulars or other causes
and mandatory (A.M. NO 00-5-03 –SC) justifying suspension of the arraignment shall be
excluded I n computing the period.
The speedy trial act of 1998 (RA 8493)
Time limit for trial of criminal cases Arraignment - It is the formal mode of implementing the
It shall not exceed 180 days from the first day of constitutional right of the accused to be informed of the
the trial. However, this rule is not absolute nature and the cause of accusation against him.
Exception
1. Those governed by the rules on summary
procedures; or
Where and how made
 1. Before the court where the complaint or The private offended party shall be required to
information has been filed or assigned for trial appear in the arraignment for the purpose of plea
2. By the judge or clerk bargaining, determination of civil liability and other matter
3. By furnishing the accused with a copy of the requiring his presence.
complaint or information with the list of the In case of failure of the offended party to appears
witnesses despite due notice, the court may allow the accused to enter
4. Reading it in a language or dialect known to him a plea of guilty to a lesser offense which is necessarily
5. Asking him whether he pleads guilty or not guilty of included in the offense charged with conformity of the trial
his plea prosecutor alone.

Rules SECTION 2. Plea of guilty to a lesser offense-at arraignment

1. Trial in absentia is allowed only after arraignment the accused, with the consent of the offended party and the
2. Judgment is generally void if he accused has not prosecutor, may be allowed by the trial court to plead guilty
been arraigned to a lesser offense which is necessarily included in the
3. There can be no arraignment in absentia (the offense charged. After arraignment but before trial, the
accused must personally enter his plea) accused may still be allowed to plead guilty to a lesser
4. If the accused went to trial without arraignment offense after withdrawing his plea of not guilty. No
but his counsel had the opportunity to cross amendment of the complaint or information is necessary.
examine the witness of the prosecution and after
the prosecution he was arraigned, the defect was Plea bargaining - It is the process whereby the accused, the
cured. offended party and the prosecution works out a mutually
satisfactory disposition of the case subject to court approval.
If an information is amended materially Plea to lesser offense during arraignment
arraignment on the amended information is An accused may enter a plea of guilty to a lesser
mandatory, except if the amendment is only as to offense provided, that there is consent of the offended party
form. and the prosecutor to the plea of guilty to a lesser
Plea - It pertains to the matter which the accused, on his offense .which is necessary included in the offense charged.
arraignment alleges in answer to the charge against him.
SECTION 3. Plea of guilty to capital offense; reception of
Period to plea evidence. When the accused pleads guilty to capital
1. When the accused is under preventive detention: offense, the court shall conduct a searching inquiry into a
his case shall be raffled and its record transmitted voluntariness and full comprehension of the consequences
to the judge to whom the case was raffled within 3 of his plea and shall require the prosecution to prove his
days from the filing of information or complaint guilt and the precise degree of culpability. The accused may
and the accused arraigned within 10 days from the pre3sent evidenced in his behalf.
date of the raffle. The pre-trial conference of his Improvident plea - It is a plea without information as to all
case shall be held within 10 days after arraignment. the circumstances affecting it based upon a mistaken
2. When the accused is not under preventive assumption or misleading information or advice.
detention: unless a shorter period is provided by When the accused pleads guilty to a capital offense the
special law or supreme court circular, the court shall:
arraignment shall be held within 30 days from the 1. Conduct a searching inquiry into a voluntariness
date the court acquires jurisdiction over the person and full comprehension of the consequence of his
of the accused. The time of the pendency of a plea.
motion to quash, or for bill of particular or other 2. Require the prosecution to prove his guilt and the
causes justifying suspension of the arraignment, precise degree of culpability
shall be excluded in computing the period. 3. Ask the accused if he desires to present evidence
in his behalf and allow him to do so if he so
When should a plea of not guilty be entered? desires .however the defendant ,after pleading
1. When the accused so pleaded. guilty may not present evidence as would
2. When he refuses to plead exonerate him completely from criminal liability
3. Where in admitting the act charged he set up such as proof self defense
matter of defense or with lawful justification To constitute searching inquiry, the questioning must focus
4. When he enters a conditional plea of guilt on:
5. Where after a plea of guilt he introduces evidence 1. The voluntariness of the plea ;and
of self defense or other exculpatory circumstances 2. Whether the accused understood fully the
6. When the plea is indefinite or ambiguous consequence of his plea
An unconditional plea of guilt admits of the crime
and all attendant circumstances alleged in the information EFFECT OF IMPROVIDENT PLEA
including the allegations of conspiracy and warrants of The conviction will be set aside if the plea of guilty
judgment of conviction without need of further evidence is the sole basis for the judgment. However the court, the
court may validly convict the accused if such conviction is
Except supported by adequate evidence of guilt independent of the
1. where the plea of guilty was compelled by violence plea itself.
or intimidation
2. when the accused did not fully understand the SECTION 4. Plea of guilty to non-capital offense; reception
meaning of and consequence of his plea of evidence discretionary- when the accused pleads guilty
3. where the information is insufficient to sustain to a non-capital offense, the court may receive evidence
conviction of the offense charged from the parties to determine the penalty to be imposed.
4. where the information does not charge an offense, As a rule a plea of guilty constitutes an unqualified
any conviction thereunder being void. admission of the crime and of the attendant circumstances
5. Where the court has no jurisdiction. alleged in the information and may thus be the basis of a
judgment without the need of evidence to prove the same,
however, the court may, upon motion, allow the
presentation of evidence to prove aggravating and mitigating
Presence of the offended party circumstances
Failure to charge an offense - where the facts charged in the A private prosecutor who assisted the prosecuting
information do not state an offense, no conviction thereon attorney in the prosecution against the defendant, is
can be had notwithstanding the defendant’s plea of guilty disqualified from acting counsel de officio for the other
(People vs Digoro, 16 SCRA 376) defendants in the same case. An attorney cannot act in a
SECTION 5. Withdrawal of improvident plea of guilty- at any double capacity .the appearance of such injustice must be
time before judgment of conviction becomes final, the court avoided. However, although the attorney appointed as
may permit an improvident plea of guilty to be withdrawn counsel de officio had previously appeared as private
and be substituted by a plea of not guilty. prosecutor in the case, if it appears that the accused were
properly defended, the appointment, if it be erroneous, is
Plea of guilty - it is an unconditional admission of guilt, not a reversible error.
freely, voluntarily and made with full knowledge of the
consequences and meaning of his act and with. A clear Counsel de officio need not be choice of accused
understanding of the precise nature of the crime charged in It is not essential that the trial court should appoint
the complaint or information. or designate a counsel chosen by the accused that a certain
attorney be assigned on the ground that he is of more legal
Instances of improvident plea experience. Accordingly, where counsel has been assigned to
1. PLea of guilty was compelled by violence or a person on trial and has acted without opposition from his
intimidation client, the latter’s conviction cannot be set aside on the sole
2. The accused did not fully understand the meaning ground that said counsel was not of defendant choice.
and consequences of his plea
3. Insufficient information to sustain conviction of the Purpose
offense charged To secure to the accused, who is unable to engage
4. Information does not charge an offense ,any the services of an attorney of his own choice, effective
conviction thereunder being void representation by making it imperative on the part of the
5. Court has no jurisdiction, court to consider in the appointment of counsel de officio,
the gravity of the offense and the difficulty of the questions
At any time before judgment of conviction final, the court likely to arise in the case vis –a—vis the ability and
may permit an improvident plea of guilty to be withdrawn experience of the prospective appointee.
and be substituted by a plea of not guilty
The withdrawal of a plea of guilty is not a matter of The right to counsel may, be waived
right to the accused but of sound discretion to the trial court When denial of right to counsel should be raised-the
(People vs lambino 103 PHIL 504) defendant in a criminal case cannot raise the question of his
right to have an attorney, or that he was deprived, or not
SECTION 6. duty of the court to inform accused of his right deprived or not informed, of that right, for the first time on
to counsel-before arraignment, the court shall inform the appeal. If the question is not raised in the trial court, the
accused of his right to counsel and ask him if he desires to prosecution may go to trial .the question will not be
have one. Unless the accused is allowed to defend himself considered in the appellate court, for the first time when the
in person or has employed counsel of hi choice, the court accused fails to raise the question in the lower court.
must assign a counsel de officio to defend him.
SECTION 8. Time for counsel de officio to prepare for
Duties of the court when the accused appears before it arraignment - whenever a counsel de officio is appointed by
without counsel the court to defend the accused at the arraignment, he shall
1. it must inform the defendant that it is his right to be given a reasonable time to consult with the accused as
have an attorney before being arraigned to his plea before proceeding with the arraignment
2. after giving him such information ,the court must
ask him if he desires the aid of an attorney What constitutes reasonable time?
3. if he desires and is unable to employ one, the court It depend on the circumstances surrounding the
must assign an attorney de officio to defend him, case such as the gravity of the offense, complexity of the
and allegation whether a motion to quash or bill of particular has
4. if the accused desires to procure an attorney of his to be filed.
own, the court must grant him reasonable time 1. Generally reasonable time to prepare for trial is 2
therefore to 15 days
2. Generally reasonable time to prepare for
SECTION 7. Appointment of counsel de officio- the court arraignment is 30 minutes to 1 hour.
considering the gravity of the offense and the difficulty of Counsel for the accused must expressly demand the
the questions that may arise, shall appoint as counsel de right to be given reasonable time to consult with the accused
officio such member of the bar in good standing who, by only when so demanded denial thereof constitute reversible
reason of their experience and ability, can competently error and a ground for new trial.
defend the accused. But in localities where such member of
the bar are not available, the court may appoint any SECTION 9. Bill of particulars- the accused may, before
person, resident of the province and of good repute for arraignment move for a bill of particulars to enable him
probity and ability, to defend the accused. properly to plead and prepare for trial. The motion shall
Counsel de officio - He is counsel appointed by the court to specify the alleged defects of the complaint or information
represent and defend the accused in case he cannot afford to and the details desired.
employ one himself. Accused may, at or before arraignment move for a
bill of particulars, to enable him properly to plead and to
Who may be appointed counsel de officio? prepare for trial. The motion for bill of particular must
1. Such member of the bar in good standing who can contain (1) alleged defect in the complaint and information
competently defend the accused. (2) details desired. Just in civil cases, the bill of particulars
2. In localities where members of the bar are not here should be considered an integral part of the complaint
available .the court is authorized to appoint any or information which it supplements.
person resident of the province and of good refute The remedy against indictment that fails to allege
for probity and ability, to defend the accused. the time of the commission of the offense with sufficient
Private prosecutor disqualified as counsel de officio definiteness is a motion for bill of particular not a motion to
quash. Bill of particular is available to specify the allegation
of raping a minor below seven years old which call for the MOTION TO QUASH
imposition of the death penalty. The failure to ask for a bill of SECTION 1. Time to move to quash- At any time before
particulars amount to a waiver of such right. entering his plea, the accused may move to quash the
complaint or information.
SECTION 10. Production or inspection of material evidence Motion to quash - It is a special proceeding filed by the
in possession of prosecution – upon motion of the accused defendant before entering his plea ,which hypothetically
showing good cause and with notice to the parties, the admits the truth of the facts spelled out in the complaint or
court, in order to prevent surprise, suppression, or information at the same time that it set up a matter which ,if
alteration, may order the prosecution to produce and duly proved, would preclude further proceedings.
permit the inspection and copying or photographing of any The court in resolving the motion cannot consider
written statement given by the complainant and other facts contrary to those alleged in the information or which do
witnesses in any investigation of the offense conducted by not appear on the face of the information ,except those
the prosecution or other investigating officers, as well as admitted by the prosecution.
any designated documents, papers, books, accounts,
letters, photographs, objects, or tangible things not Quashall vs Nolle Prosequi
otherwise privileged, which constitute or contain evidence The quashall of the complaint or information is
material to any matter involved in the case and which are in different from Nolle prosequi, although both have one result,
the possession or under the control of the prosecution, which is the dismissal of the case.
police, or other law investigating agencies. A nolle prosequi is initiated by the prosecutor while
a quashall of information is upon motion to quash filed by
Mode of discovery in criminal cases the accused
This rule refers to the right of the accused to move for A nolle prosequi is a dismissal of the criminal case by the
the production or inspection of material evidence in the government before the accused is placed on trial and before
possession of the prosecution. It authorizes the defense to he is called to plead, with the approval of the court in the
inspect, copy or photograph any evidence of the prosecution exercise of its judicial discretion, it partakes of the nature of
in its possession after obtaining the permission of the court. a non-user or discontinuance in a civil suit and leaves the
A motion showing good reasons for the granting of the matter in the same condition in which it was before the
permission must be filed by the defense for this purpose, commencement of the prosecution. It is not an acquittal, is
with notice to all parties. not a final disposition of the case, and it does not bar a
 The right of the accused to discovery procedures subsequent prosecution for the same offense.
during preliminary investigation
Purpose: To prevent surprise, suppression or alteration of Time to file motion to quash
any written statements given by the complainant and other General rule - The accused may move to quash the complaint
witnesses in any investigation of the offense conducted by or information at any time before entering his plea.
the prosecution or any other investigating officer as well as Exception- instances where a motion to quash may be filed
of any designated documents, papers, books accounts, after plea:
letters, photography, object or tangible things, not otherwise 1. Failure to charge an offense
privileged, which constitute or contain evidence material to 2. Lack of jurisdiction over the offense charged
any matter involved in the case, which are in the possession 3. Extinction of the offense or penalty
of the prosecution, the police or any other law enforcement 4. The defendant would be placed in double jeopardy
agencies. 5. Motion to suspend issuance of warrant of arrest
considered motion to quash.
Motion to quash vs demurrer to evidence A motion to suspend the issuance of the warrant of
1. motion to quash filed before the defendant enter arrest may be considered a motion to quash because it is not
his plea whereas demurrer to evidence filed after the caption of the pleadings but the allegation therein
the prosecution has rested its case contained that should prevail. The allegation of said motion,
2. motion to quash does not go into the merit of the in effect, mean that the information does not charge an
case but is anchored on matters not directly related offense.
to the question of guilt or innocence of the accused
whereas, demurrer to evidence based upon the Right to file MTQ belongs only to the accused.
inadequacy of the evidence adduced by the There is nothing in the rules which authorizes the
prosecution in support of the accusation. court or judge to motu propio initiate a MTQ by issuing an
3. Motion to quash governed by rule 117 of the rules order requiring why the information may not be quashed on
of criminal procedure whereas demurrer to the ground stated in said order.
evidence governed by rule 119 of the rules of
criminal procedure Quashal and dismissal distinguished
To quash means to annul, vacate or overthrow. The
SECTION 11. Suspension of arraignment- upon motion by absence of probable cause for the immediate issuance of a
the proper party, the arraignment shall be suspended in the warrant of arrest is not a ground for the quashal of the
following cases. The accused appears to be suffering from information but is a ground for the dismissal of the case
an unsound mental condition which effectively renders him under section 6, Rule 112 which is without prejudice. The
unable to fully understand the charge against him and to court acts with grave abuse of discretion in quashing the
plead intelligently thereto. In such case, the court shall information instead of a mere dismissal.
order his mental examination and if necessary, his
confinement for such purposes. SECTION 2. Form and contents- the motion to quash shall
1. There exist a prejudicial questions be in writing, signed by the accused or his counsel and shall
2. A petition for review of the resolution of the prosecutor distinctly specify its factual and legal grounds, the court
is pending either the department of justice, or the office of shall consider no ground other than those stated in the
the president ;Provided ,that the period of suspension shall motion except lack of jurisdiction over the offense charged.
not exceed sixty 60 days counted from the filing of the Form and contents of motions.
petition with the reviewing office . 1. It must be in writing
2. It must be signed by the accused or his counsel
3. It shall specify distinctly the factual and legal
grounds therefore.
RULE 117
NOTE: Generally the court shall consider no grounds other grounds aside from lack of jurisdiction over the person of the
than those stated in the motion, except lack of jurisdiction defendant shall not be considered as a voluntary
over the offense charged and when the information does not appearance.
charge an offense.
1. Resolution of a motion to quash That the officer who file an information had no authority to
A motion to quash must be resolved do so. An information subscribed and sworn to by a
before trial and cannot defer the hearing and prosecutor without authority to file the information is an
determination of said motion until trial on the invalid information. An invalid information is no information
merits as it would impair the right of the accused at all and cannot be the basis for criminal proceedings. An
to speedy trial. information filed by an unauthorized party cannot be cured
It may also be resolved at the preliminary even by conducting another preliminary investigation. In
investigation since the investigating officer has the cases before the Sandiganbayan, the prosecutor is the
power to either dismiss the case or bind the ombudsman. The PCGG is without authority to file
accused over for the trial by the proper court, information for failure to file statements of assets. A fiscal is
depending on its determination of lack or presence without authority to file an information for a crime
of probable cause. committed outside of his territorial jurisdiction.

SECTION 3. Grounds- the accused may move to quash the That it does not conform substantially in prescribed form.
complaint or information on any of the following grounds: The defect contemplated under this ground are defect in
1. That the fact charged do not constitute an offense form as where the requirements for the sufficiency of the
2. That the court trying the case has no jurisdiction information are not complied with ,and this defects of form
over the offense charged are waived if not objected to in a motion to quash. Thus,
3. That the court trying the case has no jurisdiction where the information is not in the name of people of the
over the person of the accused Philippines.
4. That the officer who filed the information had no However, if the sufficiency lies in the averments of
authority to do so the essential elements of the crime charged, the same is not
5. That it does not conform substantially in the a defect in form as the information is quashable under
prescribed form paragraph (a) i.e, that the facts charged do not constitute an
6. That more than one offense is charged except offense.
when a single punishment for various offenses is
prescribed by law That more than one offense is charged except when a single
7. That criminal action or liability has been punishment for various offenses is prescribed by law.
extinguished Multiplicity of charges in a single information is prohibited in
8. That it contains averments which if true would this jurisdiction to protect the accused from confusion and
constitute a legal excuse or justification ;and difficulty in making his defense. The accused however, may
9. That the accused has been previously convicted or waived such objection and can be convicted of as many
acquitted of the offense charged, or the case distinct charges as are alleged in the information and proved.
against him was dismissed or otherwise The exceptions to this rule consist of the complex or
terminated without his express consent. composite crimes under the Revised Penal Code and those in
Notes: The grounds enumerated in this section are the special laws wherein a single punishment is imposed for
exclusive grounds for a MTQ. various offenses.
Facts charge do not constitute an offense - the complaint
must show on its face that if the facts alleged are true, an That the criminal action or liability has been extinguished -
offense has committed. It must state explicitly and directly Criminal liability is extinguished by the modes prescribes in
every facts and circumstance necessary to constitute an art 89 of the Revised Penal Code
offense. If the statute excludes certain persons or classes of
persons from liability, then the complaint should show that That it contains averments which, if true would constitute a
the person charged does not belong that class. The test for legal excuse or justification. This ground is proper only if
the correctness of this ground is the sufficiency of the there are averments in the information itself which
averments in the information, that is, whether the fact constitute a legal excuse or justification. The legal excused or
alleged, if hypothetically admitted constitute an element of justification referred to herein are those provided for in the
the offense. This objection is not waived even if not alleged Revised Penal Code as justifying circumstances exempting
in a motion to quash as the appellate court will by itself circumstances and absolutory causes.
review records of the case If the accused is claimed to have been insane at the time of
the commission of the offense, that would be exempting
That the court trying the case has no jurisdiction over the circumstances which, however, should be proved at the trial.
offense charged. The ground of lack of jurisdiction over the If he is insane when he is to be arraigned, the arraignment
case is not waived even if not raised in a motion to quash. should be suspended. It is when the information or
Jurisdiction must exist as a matter of law and cannot be complaint itself alleges that the accused was insane when he
conferred or waived by consent, estoppels or inaction. committed the offense that insanity would be a ground for a
motion to quash.
That the court trying the case has no jurisdiction over the That the accused has been previously convicted or
person of the accused. The accused may move to quash the acquitted of the offense charged, or that the case against
for lack of jurisdiction over his person, but he must do so him was dismissed or otherwise terminated without his
only on that ground and for that purpose. If having raised express consent.
such ground, he nevertheless takes part in the proceedings
with his counsel cross examining the witness or he raises SECTION 4. Amendment of complaint or information- if the
other ground for a motion to quash, he is deemed to have motion to quash is based on an alleged defect in the
submitted his person to the jurisdiction of the court. complaint or information which can be cured by
It may however, be noted that section 20, rule 14 amendment, the court shall order the amendment to be
of the 1997 rules of civil procedure have abandoned previous made.
rulings of the supreme court to the effect that a motion to If it is based on the ground that the facts charged
dismiss based on the ground of lack jurisdiction of the person do not constitute an offense, the prosecution shall be given
should be based exclusively on that ground. Under the by the court an opportunity to correct the defect by
present rule, the inclusion in a motion to dismiss of other amendment the motion shall be granted if the prosecution
fails to make amendment, or the complaint or information Procedure if motion to quash denied
still suffers from the same defect despite the amendment. a. Accused should plead
If an alleged defect in the complaint or b. Accused should go to trial without prejudice to
information, which is the basis of a motion to quash, can be special defenses invoked in the motion
cured by amendment, the court shall order the amendment c. Appeal from the judgment of conviction, if any and
instead of quashing the complaint or information if, after the interpose the denial of the motion as an error.
amendment, the defect is still not cured, the motion to Note: an order sustaining a motion to quash is interlocutory
quash shall be granted. and not appealable
If the defect in the information is curable by On the other hand, if the motion to quash is granted, the
amendment, the motion to quash shall be denied and the order to that effect is a final order, not merely interlocutory,
prosecution shall be ordered to file an amended information. and is therefore, appealable at once.
Generally, the fact that the allegations in the information do
not constitute an offense or that the information does not SECTION 6. Order sustaining a motion to quash is not a bar
conform substantially to the prescribed form, are defects to another prosecution – An order sustaining the motion to
curable by amendment. quash is not a bar to another prosecution for the same
If the motion to quash is based on the ground that the facts offense unless the motion was based on the grounds
charged do not constitute an offense, the prosecution shall specified in section 3 (g) and (I) of this rule.
be given by the court an opportunity to correct the defect by A motion sustaining the motion to quash is not a
amendment, or to complaint or information still suffers from bar to another prosecution for the same offense.
the same defect despite the amendment. The court shall Unless
grant the motion. a. the motion was based on the ground that the
Note: when the original complaint states a cause of action, criminal action or liability has been
but does it so imperfectly and afterwards an amended extinguished ,and
complaint is filed correcting the defect, the plea of b. that the accused has been previously convicted 0r
prescription will relate to the time of the filing of the original acquitted of the offense charged, or the case
complaint. against him was dismissed or otherwise terminated
without his express consent.
SECTION 5. Effect of sustaining the motion to quash- if the
motion to quash is sustained, the court may order that SECTION 7. Former conviction or acquittal: double jeopardy
another information be filed except as provided in section 6 - when an accused has been convicted or acquitted, or the
of this rule, if the order is made, the accused, if in custody, case against him dismissed or otherwise terminated
shall not be discharged unless admitted to bail, if no order without his express consent by a court of competent
is made or if having been made, no new information is filed jurisdiction, upon valid complaint or information or other
within the time specified in the order or within such further formal charge sufficient in form and substance to sustain a
time as the court may allow for good cause, the accused, if conviction and after the accused had pleaded to the
in custody, shall be discharged unless he is also in custody charged, the conviction or acquittal of the accused or
for another charge. dismissal of the case shall be a bar to another prosecution
for the offense charged, or for any attempt to commit the
Effect if court sustains the motion to quash same or frustration thereof, or for any offense which
A: If the ground of the motion is either necessarily includes or is necessarily included in the offense
1. the fact charged do not constitute an offense charged in the former complaint or information.
2. That the officer who file the information had no However, the conviction of the accused shall not be a bar to
authority to do so another prosecution for an offense which necessarily
3. that it does not conform substantially to the includes the offense charged in the former complaint or
prescribed form, or information under any of the following instances the graver
4. that more than one offense is charged offense developed due to supervening facts arising from the
The court may order that another information be filed same act or omission constituting the former charge. The
or an amendment thereof be made, as the case may be, facts constituting the graver charge became known or were
within a definite period if such order is not made, or if having discovered only after the filing of the former complaint or
been made. Another information is not filed within the time information or
specified in the order, or within such time as the court may The plea of guilty to the lesser offense was made without
allow, the accused if in custody, shall be discharged the consent of the prosecutor and of the offended party
therefrom unless he is also in custody on some other except as provided in sec .1 (f) of rule 116
charged. In any of the foregoing cases, where the accused satisfies in
whole or in part the judgment, he shall be credited with the
If the motion to quash is sustained upon any of the same in the event of conviction for the graver offense
following grounds
1. That a criminal action or liability has been Double jeopardy - Is the peril in which a person is put when
extinguished he is regularly charged with a crime before a tribunal
2. That it contains averments which if true ,would properly organized and competent to try him. It means that
constitute a legal excuse or justification: or when a person is charged with an offense and the case is
3. That the accused has been previously convicted or terminated either by acquittal or conviction or in any other
acquitted of the offense charged. manner without the consent of the accused. The latter
The court must state, in its order granting the motion, cannot again be charged with same or identical offense
the release of the accused if he is in custody or the
cancellation of his bond if he is on bail. Kinds of double jeopardy
1. If the ground upon which the motion to quash was 1) No person shall be put twice in jeopardy for the
sustained is that the court has no jurisdiction over same offense
the offense the better practice is for the court to 2) When an act punished by a law and an ordinance
remand or forward the case to the proper conviction or acquittal under either shall be a bar
court ,not to quash the complaint or information. to another prosecution for the same offense
Note: the prosecution may elevate to the higher court an
order granting a motion to quash. The accused would not be Identity rule - There is identity between two offenses not
place in double jeopardy, because there is no arraignment only when the second offense is exactly the same as the first
yet.
but also when the second offense is included in the first If no revival of the case is made within the prescribed period,
offense or is an attempt or frustration thereof the dismissal shall be removed, from being provisional and
becomes permanent.
Exception to identity rule  The state may revive a criminal case beyond the
1) The graver offense developed due to supervening one year or two year periods provided there is
facts arising out of the same act or omission justifiable necessity for the delay.
constituting the former charge
2) The facts constituting the graver offense became How to revive the case
known or were entered in the former complaint or 1) Refilling of the information
information 2) Filing a new information for the same offense
3) The plea of guilty to lesser offense was made Or one necessarily included in the original offense
without the consent of the prosecutor and the charged
offended party SECTION 9. Failure to move to quash or to allege any
ground therefor- the failure of the accused to assert any
The issue of double jeopardy arises when ground of a motion to quash before he pleads to the
1) The accused is charged with the same offense in complaint or information, either because he did not file a
two separate pending cases motion to quash or failed to allege the same in said motion,
2) The accused is prosecuted anew for the same shall be deemed a waiver of any objections except those
offense after he had been convicted or acquitted based on the grounds provided for in paragraphs (a), (b),(g)
thereof and (i) of section three of this rule.
3) The prosecution appeals from a judgment in the
same case. All grounds for a motion to quash are waived if not
seasonably raised, except.
Dismissal vs acquittal 1) When the information does not charged an offense
Acquittal is always based on the merits, that is, the 2) Lack of jurisdiction of the court
defendant is acquitted because the evidence does not show 3) Extinction of the offense or penalty and
defendant’s guilt beyond reasonable doubt; but dismissal 4) Double jeopardy.
does not decide the case on the merits or that the defendant
is not guilty. RULE 118
SECTION 8. Provisional dismissal- A case shall not be PRE-TRIAL
provisionally dismiss except with express consent of the SECTION 1. Pre-trial; mandatory in criminal cases-In all
accused and with notice to the offended party. The criminal cases cognizable by the Sandiganbayan, Regional
provisional dismissal of offenses punishable by Trial Court, Metropolitan Trial Court, Municipal Trial Court
imprisonment not exceeding six 6 years or a fine of any in Cities, Municipal Trial Court and Municipal Circuit Trial
amount, or both, shall become permanent one year after Court, the court shall, after arraignment and within thirty
issuance of the order without the case having been revived. (30) days from the date the court acquires jurisdiction over
With respect to offenses punishable by imprisonment of the person of the accused, unless a shorter period is
more than six (6) years or a fine of any amount, or both, provided for in special laws or circulars of the Supreme
shall become permanent one year after issuance of the court, order a pre-trial conference to consider the
order without the case having been revived. With respect following:
to offenses punishable by imprisonment of more than six 1) Plea bargaining
years, their provisional dismissal shall become permanent 2) Stipulation of facts
two years (2) after issuance of the order without the case 3) Marking for identification of evidence of the
having revived. parties
4) Waiver of abjections to admissibility of evidence
General rule 5) Modification of the order of trial if the accused
Where the case was dismissed provisionally with admits the charged but interpose a lawful defense
the consent of the accused, he cannot invoked double 6) Such matters as will promote a fair and
jeopardy in another prosecution therefore or where the case expeditious trial of the criminal and civil aspect of
was reinstated on a motion for reconsideration by the the case
prosecution.
Exceptions:
where the dismissal was actually an acquittal based on: No plea bargaining allowed
1) Lack or insufficiency of the evidence or Plea bargaining is not allowed under dangerous
2) Denial of the right to speedy trial ,hence, even if drugs act where the imposable penalty for the offense
the accused gave his express consent to such charged is reclusion perpetua to death
dismissal or move for such dismissal ,such consent Plea bargaining - It is the process whereby the accused, the
would be immaterial as such dismissal is actually an offended party and the prosecution work out a mutually
acquittal . satisfactorily disposition of the case subject to court
approval. It usually involves the defendant pleading guilty to
requisites a lesser offense or to only one or some of the counts of a
1) Consent of prosecutor multi count indictment in return for a light sentence than
2) Consent of the accused that for the graver offense.
3) Notice to the offended party
If a case is provisionally dismissed with the consent of Things to do during the pre-trial conference.
the prosecutor and the offended party, the failure to Determine and consider with the parties and counsel
reinstate it within the given period will make the dismissal mutually satisfactory plea bargaining arrangements, such
permanent as, for example.
1) For the accused to change his/her plea to a lesser
Period for reinstatement or different offense in return for the dismissal of
1) offenses punishable by imprisonment not other count/s with or without credit, for the plea of
exceeding 6 years = year guilty as a mitigating circumstance; or
2) offenses punishable by imprisonment of more than 2) For the accused to change his/her plea of not guilty
6 years= two years to that guilty to one or some of the counts of a
 multi count indictment in return for the dismissal trial. The trial shall commence within 30 days from receipt of
of other counts/s with or pre-trial order
3) For the accused to change his/her plea of not guilty The trial judge does not lose jurisdiction to try the
to that of guilty to the offense charged, in return case after 180 days limit. He may however be penalized with
for the elimination of one, some or all of the disciplinary sanctions for failure to observe the prescribed
generic aggravating circumstances alleged in the limit without proper authorization by the supreme court.
information/complaint; or
4) For the accused to plea bargain on the nature, Requisites for trial in absentia
duration or the amount of the imposable penalty 1) The accused has been arraigned
within the allowable range. 2) He has been notified of the trial
SECTION 2. Pre-trial agreement- all agreement or 3) His failure to appear is unjustified
admissions made or entered during the pre-trial conference The purpose of trial in absentia is to speed up disposition of
shall be reduced in writing an signed by the accused and criminal cases
counsel, otherwise, they cannot be used against the
accused. The agreements covering the matters referred to Effect of trial in absentia
in section 1 of this rule shall be approved by the court. The accused waives the right to present evidence
and cross examine the witness against him (People v Landico
NOTE: if the required form is not observed the pre-trial G.R. No 119527 (1996)
agreement cannot be used against the accused this is
contrary to the rule on stipulations of facts during trial which Instances where the presence of the accused required by
only requires the signature of counsel in order to be valid. law
1) On arraignment
Purpose of the Rule 2) On promulgation of judgment except for light
The requirements in section 2 are intended to offenses
further safeguard the rights of the accused against 3) For identification purpose
improvident or unauthorized agreement or admission which 4) When the court with due notice requires so
his counsel may have entered into without his knowledge
SECTION 2. Continuous trial until terminated:
SECTION 3. Non-appearance at pre-trial conference –if the postponements
counsel for the accused or the prosecutor does not appear Trial once commenced shall continue from day to
at the pre-trial conference and does not offer an acceptable day as far as practicable until terminated .it may be
excuse for his lack of cooperation, the court may impose postponed for a reasonable period of time for good cause.
proper sanctions or penalties. The court shall, after consultation with the prosecutor and
The court may impose proper penalties and defense counsel, set the case for continuous trial on a
sanctions for none appearance during the pre-trial weekly or other short term trial calendar at the earliest
conference by the counsel for the accused or the prosecutor possible time so as to ensure speedy trial. In no case shall
without accepted cause. The reason for this is in order to the entire trial period exceed one hundred eighty (180) days
enforce the mandatory nature of pre-trial in criminal cases. from the first day of trial, except as otherwise authorized by
The sanctions may be in the form of reprimand, the supreme court. The time limitations provided under this
fine, or imprisonment, Inasmuch as this is similar to indirect section and the preceding section shall not apply where
contempt of court, the penalty for indirect contempt of court special laws or circulars of the supreme court provide for a
is imposed. The court may only imposed sanction for none shorter period of trial
appearance of counsel or prosecutor, not on the accused.
The reason why the accused is not required to appear is that Continuous trial system.
to include him among the mandatory parties might violate Trial once commence shall continue from day to
his constitutional right to remain silent day as far as practicable until terminated; but it may be
postpone for a reasonable period of time for good cause.
Sec 4. Pre-trial order- after the pre-trial conference, the Requisites before trial can be put off on account of absence
court shall issue an order reciting the action taken, the facts of a witness:
stipulated, and evidence marked. Such order shall bind the 1) That the witness is material and appear to the
parties, limit the trial to matters not disposed of and control court to be so
the course of action during the trial, unless modified by the 2) That the party who applies has been guilty of
court to prevent manifest injustice. neglect
3) That the witness can be had at the time to which
Pre-trial Order - It is an order issued by the court reciting the the trial is deferred and incidentally that no similar
action taken, the facts stipulated and the evidence marked evidence could be obtained
during the pre-trial conference. Such order binds the parties 4) That an affidavit showing the existence of the
and limits the trial to those matters not disposed of above circumstances must be filed
Remedies of accused where a prosecuting officer without
RULE 119 good cause secures postponement of the trial of a
TRIAL defendant against his protest beyond a reasonable period
SECTION 1. Time to prepare for trial-after a plea of not of time.
guilty is entered, the accused shall have at least fifteen (15) 1) Mandamus to compel a dismissal of the
days to prepare for trial. The trial shall commence within information
thirty (30) days from receipt of pre-trial order. 2) If he is restrained of his liberty, by habeas corpus
to obtain his freedom
Trial - The examination before a competent tribunal Duties of presiding Judge under the continuous trial system
according to the laws of the land, of the facts put in issue in a 1) Adhere faithfully to the session hours prescribed
case for the purpose of determining such issue. by law
Hearing - It is not confined to trial but embraces the several 2) Maintain full control of the proceedings
stages of litigation, including the pre-trial stage. A hearing 3) Efficiently allocate and use time and court
does not necessarily imply presentation of oral or resources to avoid court delays
documentary evidence in open court but that the parties are
afforded an opportunity to be heard. After a plea of not
guilty the accused shall have at least 15 days to prepare for
SECTION 3.Exclusion – the following periods of delay shall calendar or lack of diligent preparation or failure to obtain
be excluded in computing the time within which trial must available witnesses on the part of the prosecutor. (sec.
be commence. 10,cir. 38-98)
A: Any period of delay resulting from other proceeding In addition, to continuance under section 3(f) of this rule
concerning the accused, but not limited to the following: shall be granted because of congestion of the court’s
1) Delay resulting from an examination of the calendar or lack of diligent preparation or failure to obtain
physical and mental condition of the accused. available witnesses on the part of the prosecutor
2) Delay resulting from proceeding with respect to
other criminal charges against the accused PURPOSE: to control the discretion of the court in the grant
3) Delay resulting from extraordinary remedies of continuance on his instance or on motion of any party
against interlocutory order; litigant
4) Delay resulting from pre-trial the grant of a motion for continuance is not a matter of
proceedings ;provided that the delay does not rights
exceed thirty (30) days
5) Delay resulting from orders of inhibition ,or Section 5. Time limit following an order for new trial. If the
proceeding relating to change of venue of cases or accused is to be tried again pursuant to an order for a new
transfer from other courts; trial, the trial shall commence within thirty (30) days from
6) Delay resulting from a finding of the existence of a notice of the order, provided that if the period becomes
prejudicial question ;and impractical due to unavailability of witnesses and other
7) Delay reasonably attributable to any period, not factors, the court may extend it but not to exceed one
to exceed thirty (30) days, during which any hundred eighty (80) days from notice of said order for a
proceeding concerning the accused is actually new trial. (sec. 11, cir. 38-98)
under advisement.
General Rule- After an order for new trial is issued the trial
B: Any period of delay resulting from the absence or commences within 30 days from notice of the order
unavailability of an essential witness. For the purposes of Exception –If the 30 days period becomes impractical due to
this paragraph ,an essential witness shall be considered unavailability of the witnesses and other factors, it may be
absent when his whereabouts are unknown or his extended by the court but in no case should it exceed 180
whereabouts unavailable whenever his whereabouts are days from notice of said order for new trial
known but his presence for trial cannot be obtained by due
diligence. Section 6. Extended time limit. Notwithstanding the
C: Any period of delay resulting from the mental provisions of section 1(g), Rule 116 and the preceding
incompetence or physical inability of the accused to stand section 1, for the first twelve-calendar-month period
trial. following its effectivity on September 15, 1998, the time
D: If the information is dismissed upon motion of the limit with respect to the period from arraignment to trial
prosecution and thereafter a charged is filed against the imposed by said provision shall be one hundred eighty (180)
accused for the same offense, any period of delay from the days. For the second twelve-month period, the time limit
date the charge was dismissed to the date the time shall be one hundred twenty (120) days, and for the third
limitation would commence to run as to the subsequent twelve-month period, the time limit shall be eighty (80)
charge had there been no previous charge. days. (sec. 7, cir. 38-98)
E: A reasonable period of delay when the accused is joined
for trial with a co accused over whom the court has not Section 7. Public attorney’s duties where accused is
acquired jurisdiction, or as to whom the time for trial has imprisoned. If the public attorney assigned to defend a
not run and no motion for separate trial has been granted. person charged with a crime knows that the latter is
F: Any period of delay resulting from a continuance granted preventively detained, either because he is charged with a
by any court motu propio, or on motion of either the bailable crime but has no means to post bail, or, is charged
accused or his counsel ,or the prosecution ,if the court with a non-bailable crime, or, is serving a term of
granted the continuance on the basis of his findings set imprisonment in any penal institution, it shall be his duty to
forth in the order that the ends of justice served by taking do the following:
such action outweigh the best interest of the public and the 1) Shall promptly undertake to obtain the presence
accused in a speedy trial. of the prisoner for trial or cause a notice to be
served on the person having custody of the
Absent- When the whereabouts are unknown or cannot be prisoner requiring such person to so advise the
determine with due diligence prisoner of his right to demand trial.
Unavailable-when his whereabouts are known but his 2) Upon receipt of that notice, the custodian of the
presence at the trial cannot be obtained with due diligence prisoner shall promptly advise the prisoner of the
These provisions were drawn from circular 38-98 charged and of his right to demand trial. If at any
implementing the speedy trial act excluding periods of delay time thereafter the prisoner informs his custodian
in computing time within which trial must commence. that he demands such trial, the latter shall cause
notice to that effect to be sent promptly to the
Section 4. Factors of granting continuance. The following public attorney.
factors, among others, shall be considered by a court in 3) Upon receipt of such notice, the public attorney
determining whether to grant a continuance under section shall promptly seek to obtain the presence of the
3 (f) of this rule. prisoner for trial.
Whether or not the failure to grant a continuance in the 4) When the custodian of the prisoner receives from
proceeding would likely make a continuation of such the public attorney a properly supported request
proceeding impossible, result in a miscarriage of justice; for the availability of the prisoner for purposes of
and trial, the prisoner shall be made available
Whether or not the case taken as a whole is so novel, accordingly. (sec 12, cir. 38-98)
unusual and complex, due to the number of accused or the Public attorneys referred to in this section are those
nature of the prosecution, or that it is unreasonable to attorney of the public attorney’s office of the Department of
expect adequate preparation within the periods of time Justice who are assisting accused not financially capable to
established therein. have a counsel of their own. These public attorneys enter
In addition, no continuance under section 3(f) of this rule their appearance in behalf of the accused upon his request or
shall be granted because of congestion of the court’s
that of his relative or upon being appointed as counsel de Arraignment must be set within 30 days from the
officio by the court date the court acquires jurisdiction over the person of the
The sanction are designed to speed up the trial and accused, and within the same period, the court must set the
disposition of the cases and to encourage the lawyers to go case for pre-trial, and within 30 days from the receipt of the
to court ready for trial and not ready to postpone pre-trial order, the trial must be commenced.
The remedy of the accused is to file a motion to
Section 8. Sanctions. In any case in which private counsel dismiss the information on the ground of his right to speedy
for the accused, the public attorney, or the prosecutor. trial .failure of the accused to move for dismissal prior to trial
1) Knowingly allows the case to be set for trial shall constitute a waiver of his right to dismiss under this
without disclosing that a necessary witness would section
be unavailable for trial; The dismissal shall be subject to the rules on double
2) Files a motion solely for delay which he knows is jeopardy. So if the dismissal is with prejudice .the case
totally frivolous and without merit; cannot be revived anymore. But if the dismissal is without
3) Makes a statement for the purpose of obtaining prejudice, the revival of the case is proper
continuance which he knows to be false and
which is material to the granting of a continuance; Section 10. Law on speedy trial not a bar to provision on
or speedy trial in the constitution. No provision of law on
4) Willfully fails to proceed to trial without speedy trial and no rule implementing the same shall be
justification consistent with the provisions hereof, interpreted as a bar to any charge of denial of the right to
the court may punish such counsel, attorney, or speedy trial guaranteed by section 14(2), Article III, of the
prosecutor, as follows: 1987 constitution
By imposing on a counsel privately retained in connection Section 11. Order of trial. The trial shall proceed in the
with the defense of an accused, a fine not exceeding twenty following order:
thousand pesos (P20,000.00); 1) The prosecution shall present evidence to prove
By imposing on any appointed counsel de oficio, public the charge and, in the proper case, the civil
attorney, or prosecutor a fine not exceeding five thousand liability.
pesos (P5,000.00); and 2) The accused may present evidence to prove his
By denying any defense counsel or prosecutor the right to defense and damages, if any, arising from the
practice before the court trying the case for a period not issuance of a provisional remedy in the case.
exceeding thirty (30) days. The punishment provided for by 3) The prosecution and the defense may, in that
this section shall be without prejudice to any appropriate order, present rebuttal and sur-rebuttal evidence
criminal action or other sanction authorized under these unless the court, in furtherance of justice, permits
rules. them to present additional evidence bearing upon
the main issue.
Facts which evoke the sanction: 4) Upon admission of the evidence of the parties,
1) Knowingly allows the case to be set for trial the case shall be deemed submitted for decision
without disclosing that a necessary witness would unless the court directs them to argue orally or to
be unavailable for trial; submit written memoranda.
2) Files a motion solely for delay which he knows is 5) When the accused admits the act or omission
totally frivolous and without merit; charge in the complaint or information but
3) Makes a statement for the purpose of obtaining interposes a lawful defense, the order of the trial
continuance which he knows to be false and which may be modified. (3a)
is material to the granting of a continuance; or
4) Wilfully fails to proceed to trial without justification GENERAL RULE: The order in the presentation of evidence
consistent with the provisions hereof, the court must be followed. The accused may not be required to
may punish such counsel, attorney, or prosecutor, present his evidence first before the prosecution adduces its
as follows: own proof.
The sanctions EXCEPTION: Where a reverse procedure was adopted
1) Private defense counsel- fine not exceeding without the objection of the defendant and such procedure
P20,000.00 + criminal sanctions if any did not prejudice his substantial rights the defect is not a
2) Counsel de officio ,Public attorney or prosecutor reversible error. A departure from the order of the trial is not
– fine not exceeding P5.000.00 +criminal reversible error as where it was agreed upon or not
sanction if any seasonably objected to, but not where the change in the
3) Defense counsel or prosecutor – denial of right order of the trial was timely objected by the defense. Where
to practice before the court trying the case for a the order of the trial set forth under this section was no
period not exceeding 30 days + criminal fallowed by the court to the extent of denying the
sanctions if any prosecution an opportunity to present its evidence .the
judgment is nullity (People vs Balisacan, 17 SCRA 1119)
Kinds of sanction under this section REVERSED TRIAL: When the accused admits the act or
1) Criminal omission charged in the complaint or information but
2) Administrative interpose a lawful defense, the trial court may allow the
3) Contempt of court accused to present his defense first and thereafter give the
prosecution the opportunity to present its rebuttal evidence.
Section 9. Remedy where accused is not brought to trial Refusal of the trial court to reverse order of trial upon
within the time limit. If the accused is not brought to trial demand of the accused who pleads self defense as a defense
within the time limit required by section 1(g), Rule 116 and is not a reversible error.
section 1, as extended by Section 6 of this rule, the Negative defense Affirmative defense
information may be dismissed on motion of the accused on Requires the prosecution to The accused admits the
the ground of denial of his right to speedy trial. The accused prove guilt of the accused act or omission charged
shall have the burden of going forward with the evidence to beyond reasonable doubt but interposes a defense
establish the exclusion of time under section 3 of this rule. which if proven would
The dismissal shall be subject to the rules on double exculpate him
jeopardy. Failure of the accused to move for dismissal prior Accused claims that one of the
to trial shall constitute a waiver of the right to dismiss elements of the offense charged
under this section. is not present .it is incumbent
upon the prosecution to prove material witness will not testify when required, it may,
existence of this element. upon motion of either party, order the witness to post bail
in such sum as may be deemed proper. Upon refusal to post
Section 12. Application for examination of witness for bail, the court shall commit him to prison until he complies
accused before trial. When the accused has been held to or is legally discharged after his testimony has been taken.
answer for an offense, he may, upon motion with notice to (6a)
the other parties, have witnesses conditionally examined in Section 15. Examination of the witness for the prosecution.
his behalf. The motion shall state: (a) the name and When it satisfactorily appears that a witness for the
residence of the witness; (b) the substance of his testimony; prosecution is too sick or infirm to appear at the trial as
and (c) that the witness is sick or infirm as to afford directed by the court, or has to leave the Philippines with
reasonable ground for believing that he will not be able to no definite date of returning, he may forthwith be
attend the trial, or resides more than one hundred (100) conditionally examined before the court where the case is
kilometers from the place of trial and has no means to pending, such examination, in the presence of the accused,
attend the same, or that other similar circumstances exist or in his absence after reasonable notice to attend the
that would make him unavailable or prevent him from examination has been served on him, shall be conducted in
attending the trial. The motion shall be supported by an the same manner as an examination at the trial Failure or
affidavit of the accused and such other evidence as the refusal of the accused to attend the examination after
court may require. notice shall be considered a waiver. The statement taken
Accused may have his witness examine may be admitted in behalf of or against the accused.
conditionally in his behalf before trial upon motion with
notice to all other parties SECTION 16. Trial of several accused- when two or more
Such motion must state accused are jointly charged with an offense, they shall be
1) Name and residence of the witness tried jointly unless the court, in its discretion and upon
2) Substance of testimony motion of the prosecutor or any accused, orders separate
3) Witness is so sick to afford reasonable grounds to trial for one or more accused
believe that he will not be able to attend the trial
or resides more than 100km and has no means to GENERAL RULE: When two or more persons are jointly
attend the same or other similar circumstances charged, they shall be charged jointly. This rule is so
designated as to preclude a wasteful expenditure of judicial
Section 13. Examination of defense witness; how made. If resources and to promote an orderly and expeditious
the court is satisfied that the examination of the witness for disposition of criminal prosecutions.
the accused is necessary, an order shall be made directing EXCEPTION: The court, upon motion of the fiscal or of any of
that the witness be examined at a specific date, time and the defendants, may order a separate trial for one or more
place and that a copy of the order be served on the accused. The granting of separate trial when two or more
prosecutor at least three (3) days before the scheduled defendants are jointly charged with an offense is purely
examination. The examination shall be taken before a discretionary with the trial court. The motion for separate
judge, or, if not practicable, a member of the Bar in good trial must be filed before the commencement of the trial and
standing so designated therein. The examination shall cannot be raised for the first time on appeal. If a separate
proceed notwithstanding the absence of the prosecutor trial is granted. The testimony of the accused imputing the
provided he was duly notified of the hearing. A written crime to his co accused is not admissible against the latter
record of the testimony shall be taken. (5a)
SECTION 17. Discharge of accused to be state witness- when
NOTES two or more persons are jointly charged with the
Deposition - it is the testimony of a witness taken taken commission of any offense, upon motion of the prosecution
upon oral question or written interrogatories, in open court before resting its case, the court may direct one or more of
but in pursuance of a commission to take testimony issued the accused to be discharged with their consent so that
by a court, or under general law or court rule on the they may be witnesses for the state when, after requiring
subject ,and reduced into writing and duly the prosecution to present evidence and the sworn
authenticated ,and intended to be used in preparation and statement of each proposed state witness at a hearing in
upon the trial of a civil or criminal action. support of the discharged, the court is satisfied that.
a) there is absolute necessity for the testimony of
Who should make the examination? the accused who’s discharged is request is
1) Judge requested.
2) A member of the bar in good standing designated b) there is no other direct evidence available for the
by the judge. proper prosecution of the offense committed,
3) Before an inferior court designated by the judge except the testimony of said accused.
4) Before an inferior court designated in the order of c) the testimony of said accused can be substantially
superior court corroborated in its material points
d) said accused does not appear to be the most
Section 13. Examination of defense witness; how made. If guilty ;and
the court is satisfied that the examination of the witness for e) said accused has not at any time been convicted
the accused is necessary, an order shall be made directing of any offense involving moral turpitude.
that the witness be examined at a specific date, time and
place and that a copy of the order be served on the STATE WITNESS - Under section 17 of Rule 119 f the rules of
prosecutor at least three (3) days before the scheduled court, a state witness is one of two or more persons jointly
examination. The examination shall be taken before a charged with the commission of a crime but who is
judge, or, if not practicable, a member of the Bar in good discharged with his consent as such accused so that he may
standing so designated therein or if the order be granted by be witness for the state.
a court of superior jurisdiction, before an inferior court to WHEN APPLICABLE: Two or more person jointly charged with
be designated therein. The examination shall proceed the commission of the offense whether to discharged more
notwithstanding the absence of the prosecutor provided he than one defends upon the need of the prosecutor and the
was duly notified of the hearing. A written record of the discretion of the trial judge.
testimony shall be taken. (5a) WHEN TO APPLY: Upon motion of the prosecution before
Section 14. Bail to secure appearance of material witness. resting its case.
When the court is satisfied, upon proof or oath, that a
THINGS THE COURT SHOULD DO there appears good cause to detain him ,in such case ,the
a) Require prosecution to present evidence .trial court shall commit the accused to answer for the proper
court should hold in abeyance or defer its offense and dismiss the original case upon the filling of
resolution on the motion until the prosecution had proper information.
presented all its evidence.
b) require submission of a sworn statement of each Amendment by substitution
proposed witness at a hearing in support of the If appears at Any before judgment that a mistake
discharge and ascertain if the conditions fixed by has been made in charging the proper offense, the court shall
section 17 of Rule 119 are complied with, namely: dismiss the original complaint or information upon the filing
 there is absolute necessity for the of a new one charging the proper offense in accordance with
testimony of the accused whose section 11, Rule 119, provided the accused would not be
discharge is requested. placed thereby in double jeopardy, and may also require the
 The prosecutor must show that there is witness to give bail for their appearance at the trial.
absolute necessity for the testimony of When the offense proved is neither included in, nor
the defendant whose discharge he does it include, the offense charged and is different
seeks ,in order to be a witness for the therefrom, the court should dismiss the action and order the
prosecution or the accused is the only filing of a new information charging the proper offense.
one who has knowledge of the crime and This rule is predicated on the fact that an accused
not when his /her testimony would simply person has the right to be informed of the nature and cause
corroborate or otherwise strengthen the of accusation of the accusation against him, and to convict
evidence in the hands of the prosecution. him of an offense different from the charged in the
complaint or information would be an authorized denial of
Meaning of not the most guilty not the least guilty – the that right.
rule does not require that he be the least guilty but only that
he not be the most guilty. SECTION 20. Appointment of acting prosecutor – when a
Absolute certainty is not required- in coming to his /her prosecutor, his assistant or deputy or deputy is disqualified
conclusion as to the necessity for the testimony of the to act due to any of the grounds stated in section 1 of Rule
accused whose discharged is requested; as to the availability 137 or for any other reason, the judge or the prosecutor
or non-availability of other direct or corroborative evidence shall communicate with the secretary of justice in order
as to which of the accused is the most guilty; and like, the that the latter may appoint an acting prosecutor.
judge must rely in a large part upon the suggestions and
information furnished by the state prosecutors. SECTION 21. Exclusion of the Public ---- The judge may,
 said accused has not at any time been convicted of motu propio, exclude the public from the courtroom if the
any offense involving a moral turpitude evidence to be produced during the trial is offensive to
decency or public morals. He may also, on motion of the
SECTION 18. Discharged of accused operate as acquittal – accused, exclude the public from the trial except court
The order indicated in the preceding section shall amount personnel and the counsel of the parties.
to an acquittal of the discharged accused and shall be a bar
to future prosecution for the same offense, unless the General Rule: The accused has the right to a public trial and
accused fails or refuses to testify against his co accused in under ordinary circumstances, the court may not close the
accordance with his sworn statement constituting the basis door of the courtroom to the general public.
of for his discharge.
Exception: Where the evidence to be produced during the
1. EFFECT OF DISCHARGE trial is such character as to be offensive to decency or public
a. Evidence adduced in support of the discharge shall morals, the court may motu propio exclude the public from
automatically form part of the trial. If the court the court room.
denies the motion to discharge of the accused as The court may also, on motion of the accused,
state witness, his/her sworn statement shall be exclude the public from the trial except court personnel and
inadmissible in evidence. the counsel of the parties.
b. Discharge of accused operates as an acquittal and
bar to further prosecution for the same offense, SECTION 22. Consolidation of trials of related offenses. ----
except in the following cases: Charges for offenses founded on the same facts or forming
part of a series of offenses of similar character may be tried
1) unless accused fails or refused to testify against jointly at the discretion of the court.
his/her co accused in accordance with his/her
sworn statement constituting the basis of his /her This contemplates a situation where separate information
discharge are filed.
2) failure to testify refers exclusively to defendant’s 1) for offenses founded on the same facts.
will fault 2) For offenses which form part of a series of offenses
3) extra judicial confession : admissibility ;where an of similar character.
accused who turns state ‘s evidence on a promise In these cases, the charges may be tried jointly at the
of immunity but later retracts and fails to keep court’s discretion .the object of consolidation of trials of
his /her part of the agreement his/her confession related offenses is to avoid multiplicity of suits ,guard against
of his, her participation in the commission of the oppression or abuse ,prevent delay ,clear congested dockets,
crime is admissible as evidence against him /her simplify the work of the trial court ,and save unnecessary
4) Erroneous or improper discharge of state witness cost and expenses.
does not affect the competency and the quality of SECTION 23. Demurrer to evidence. ---after the prosecution
the testimony of the discharged defendant. rests its case, the court may dismiss the action on the
ground of insufficiency of evidence (1) on its own initiative
SECTION 19. When mistake has been made in charging the after giving the prosecution the opportunity to be heard or
proper offense- when it becomes manifest at any time (2) upon demurrer to evidence filed by the accused with or
before judgment that a mistake has been made in charging without leave of court.
the proper offense and the accused cannot be convicted of If the court denies the demurrer to evidence filed
the offense charged or any other offense necessarily with leave of court, the accused may adduce evidence in his
included therein ,the accused shall not be discharged if defense. When the demurrer to evidence is filed without
leave of court, the accused waives the right to present RULE 120
evidence and submits the case for judgement on the basis JUDGMENT
of the evidence for the prosecution. SECTION 1. Judgment; definition and form. ---- judgment is
The motion for leave of court to file demurrer to the adjudication by the court that the accused is guilty of
evidence shall specifically state its grounds and shall be the offense charged and the imposition on him of the
filed within a non-extendible period of five (5) days after proper penalty and civil liability, if any. It must be written in
the prosecution (5) days from its receipt. the official language, personally and directly prepared by
If leave of court is granted, the accused shall file the judge and signed by him and shall contain clearly and
the demurrer to evidence within a non-extendible period of distinctly a statement of the facts and the law upon which it
ten (10) days from notice. The prosecution may oppose the is based.
demurrer to evidence within a similar period from its
receipt. Judgment - means adjudication by the court that the accused
The order denying the motion for leave of court to is guilty or not guilty of the offense charged, and the
file demurrer to evidence or the demurrer itself shall not be imposition of the proper penalty and civil liability provided
reviewable by appeal or by certiorari before judgment. for by law on the accused.
It is not necessary that the judge who tried the case
Steps to take when demurrer to evidence is filed be the same judicial officer to decide it .it is sufficient if he
1) Determine whether the filing of the demurrer is appraised of the evidence already presented by a reading of
made after the prosecution has rested its case; the transcript of the testimonies already introduced, in the
otherwise, deny the motion for being prematurely same manner as appellate courts review evidence on appeal.
filed.
2) If the demurrer to evidence is properly filed after Judgment must be.
the prosecution has rested its case ,give the 1) In writing.
prosecution an opportunity to be heard whether 2) In the official language.
in oral argument or in writing 3) Personally and directly prepared by the judge
3) If leave of court is granted, the accused shall file 4) With a concise statement of the fact and the law
the demurrer to evidence within a non-extendible on which it is based.
period of (10) days from notice. The prosecution A verbal order does not meet the requisites, as such, it
may oppose the demurrer to evidence within a can be rescinded without prejudicing the right of the
similar period from its receipt. accused. It has no legal force and effect
4) Court discretion in the grant or denial of demurrer
to evidence Remedy if judgment is not put into writing
5) Judicial action on a demurrer to evidence or To file a petition for mandamus to compel the
motion to dismiss is left to the exercise of sound judge to put in writing the decision of the court. Article V111,
discretion. In the absence of clear showing of section 14, par 1 of the constitution requires that the
grave abuse thereof, amounting to lack of decisions of the court shall contain the facts and the law on
jurisdiction. The trial court’s denial of the motion which they are based the rationale is that the losing party is
may not be disturbed and may only be reviewed in entitled to know why he lost, so he may appeal to the higher
the ordinary courts of law by an appeal from the court. The judge who penned the decision need not be the
judgment after trial, Certiorari does not lie to one who heard the case .the judge can rely on the transcript
challenge the trial court’s interlocutory order of stenographic notes taken during the trial.
denying the accused’s motion to dismiss .Certiorari
is not the proper remedy, for the error, if any, of SECTION 2. Contents of the judgment. --- If the judgment is
the trial court, is an error of judgment and not of of conviction, it shall state: (1) the legal qualification of the
jurisdiction. The appellate court will not review in offense constituted by the acts committed by the accused
such special civil action the prosecution’s evidence and the aggravating or mitigating circumstances which
and decide in advance that such evidence has or attended its commission; (2) the participation of the
has not yet established the guilt of the accused accused in the offense, whether as principal, accomplice, or
beyond reasonable doubt. accessory after the fact; (3) the penalty imposed upon the
accused; and (4) the civil liability or damages caused by his
When demurrer to evidence is denied wrongful act or omission to be recovered from the accused
If the court denies the demurrer to evidence filed with by the offended party, if there is any, unless the
leave of court, the accused may adduce evidence in his or enforcement of the civil liability by a separate civil action
her defense. When the demurrer to evidence is filed without has been reserved or waived.
leave of court, the accused waives the rights to present In case the judgment is of acquittal, it shall state
evidence and submit the case for judgment on the basis of whether the evidence of the prosecution absolutely failed
the evidence of the prosecution. to prove the guilt of the accused or merely failed to prove
6. The order denying the motion for leave of court to file his guilt beyond reasonable doubt. In either case, the
demurer to evidence or the demurrer itself shall not be judgment shall determine if the act or omission from which
reviewable by appeal or by certiorari before judgment the civil liability might arise did not exist.

SECTION 24. Reopening. ---- At any time before finality of If the judgment is one of conviction judgment must state
judgement of conviction, the judge may, motu proprio or 1) Legal qualification of the offense constituted by the
upon motion, with hearing in either case, reopen the acts committed by the accused, and the
proceedings shall be terminated within thirty (30) days aggravating or mitigating circumstances attending
from the order granting it. its commission.
At any time before finality of judgment of 2) Participation of the accused, whether, as principal,
conviction. The court may, motu propio or upon motion with accomplice or accessory.
hearing in either case, reopen the proceeding to avoid 3) Penalty imposed upon the accused
miscarriage of justice. 4) Civil liability or damages caused by the wrongful act
The proceeding shall be terminated within 30 days or omission, unless a separate civil action has been
from the order granting it. reserved or waived.

ASSIGNMENT: A.M. No. 12-8-8-SC - Judicial Affidavit

Rule
Alternative penalties although proved, or it is not proved although charged the
A judge cannot impose alternative penalties accused cannot be convicted thereof.
(Reclusion Perpetua or P10.000.00 fine) because this would
allow the accused to choose which penalty serve, giving the Exception: Where there is a variance between the offense
accused discretion properly belonging to the court charged in the complaint or information and that proved,
and the offense as charged is included in or necessarily
In case the judgment is of acquittal - it shall state whether includes the offense proved, the accused shall be convicted
the evidence of the prosecution absolutely failed to prove of the offense proved which is included in the offense
the guilt of the accused or merely failed to prove his /her charged, or of the offense charged which is included in the
guilt beyond reasonable doubt. In either case, the judgment offense proved.
shall determine if the act or omission from which the civil
liability might arise did not exist. Note: keep in mind that the accused can only be convicted of
Otherwise, the judgment must make a finding on the lesser offense i.e. which provides for the least penalty.
the civil liability of the accused in favor of offended party.
There appears to be no sound reasons to require a separate SECTION 5. When an offense includes or is included in
civil action to still be filed considering that the facts to be another. ---- An offense charged necessarily includes the
proved in the civil case have already been established in the offense proved when some of the essential elements or
criminal proceeding where the accused was acquitted due ingredients of the former, as alleged in the complaint or
process has been accorded (Padilla vs. CA 129 SCRA 558) information, constitute the latter. And an offense charged is
necessarily included in the offense proved, when the
Reasonable doubt essential ingredients of the former constitute or form part
The state of the case which, after full consideration of those constituting the latter.
of all evidence, leaves the mind of the judge in such
condition that he cannot say that he feels an abiding General Rule: If what is proved by the prosecution evidence
conviction, to a moral certainty, of the truth of the charge. is an offense which is included in the offense charged in the
information, the accused may validly be convicted of the
Acquittal offense proved.
A finding of not guilty based on the merits, that is,
the accused is acquitted because the evidence does not show Exception: Where facts supervened after the filing of
that his guilt is beyond reasonable doubt, or a dismissal of information which change the nature of the offense.
the case after the prosecution has rested its case upon An offense charged necessarily includes the offense
motion of the accused on the ground that the evidence fails proved when some of the essential elements or ingredients
to show beyond reasonable doubt that the accused is guilty. of the former, as alleged in the complaint or information,
constitute the latter.
NOTE: it is well settled that acquittal, in a criminal case is An offense charged is necessarily included in the
immediately final and executor upon its promulgation, and offense proved, when the essential ingredients of the former
that accordingly, the state may not seek its review without constitute or form part of those constituting the latter
placing the accused in double jeopardy (Barbers vs. Laguio,
Jr. 351 SCRA 606) NOTE: An accused cannot be convicted for the lesser offense
An acquittal of an accused based on reasonable necessarily included in the crime charged if at the time of the
does not bar the offended party from filing a separate civil filing of the information ,the lesser offense has already
action based on other sources of obligation. prescribed (Francisco vs. Court of Appeals, 122 SCRA 538) `

SECTION 3. Judgment for two or more offenses. ---- When SECTION 6. Promulgation of Judgment. ---- the judgment is
two or more offenses are charged in a single complaint or promulgated by reading it in the presence of the accused
information but the accused fails to object to it before trial, and any judge of the court in which it was rendered.
the court may convict him of as many offenses as are However, if the conviction is for a light offense, the
charged and proved, and impose on him the penalty from judgment may be pronounced in the presence of his
each offense, setting out separately the findings of fact and counsel or representative. When the judge is absent or
law in each offense. outside the province or city, the judgment may be
promulgated by the clerk of court.
When two or more offenses are charged in a single If the accused is confined or detained in another
complaint or information and the accused fails to object to it province or city, the judgment may be promulgated by the
before trial, convict the accused of as many offenses as are executive judge of the Regional Trial Court having
charged and proved, and imposed on him the penalty for jurisdiction over the place of confinement or detention
each and every one of them setting out separately the upon request of the court which rendered the judgment.
findings of fact and law in each offense. The court promulgating the judgment shall have authority
However, in the service of sentence ,the maximum to accept the notice of appeal and to approve the bail bond
duration of the court’s sentence shall not be more than pending appeal; provided, that if the decision of the trial
threefold the length of time corresponding to the most court convicting the accused change the nature of the
severe of the penalties imposed upon the accused .and such offense from non-bailable to bailable, the application for
maximum shall in no case exceed forty years. bail can only be filed and resolved by the appellate court.
The proper clerk of court shall give notice to the
SECTION 4. Judgment in case of variance between accused personally or through his bondsman or warden and
allegation and proof. ----- When there is variance between counsel, requiring him to be present at the promulgation of
the offense charged in the complaint or information and the decision. If the accused was tried in absentia because
that proved, and the offense as charged is included in or he jumped bail or escaped from prison, the notice to him
necessarily includes the offense proved, the accused shall shall be served at his last known address.
convicted of the offense proved which is included in the In case the accused fails to appear at the
offense charged, or of the offense charged which is included scheduled date of promulgation of judgment despite notice,
in the offense proved. the promulgation shall be made by recording the judgment
in the criminal docket and serving him a copy thereof at his
General Rule: An accused can be convicted of an offense last known address or thru his counsel.
only when it is both charged and proved. If it is not charged If the judgment is for conviction and the failure of
the accused to appear was without justifiable cause, he
shall lose the remedies available in these Rules against the A judgment of acquittal becomes final immediately after
judgment and the court shall order his arrest. Within fifteen promulgation and cannot be recalled for correction or
(15) days from promulgation of judgment, however, the amendment any modification thereof will result in double
accused may surrender and file a motion for leave of court jeopardy.
to avail of these remedies. He shall state the reasons for his The prosecutor cannot ask for the modification or
absence at the scheduled promulgation and if he proves setting aside of a judgment of conviction because the rules
that his absence was for a justifiable cause, he shall be clearly provide that a judgment of conviction may be
allowed to avail of said remedies within fifteen (15) days modified or set aside by the court rendering upon motion of
from notice. the accused.

Promulgation of Judgment - It refers to an official The trial court may lose jurisdiction over the judgment even
proclamation or announcement of judgment. It consist of before the lapse of 15 days:
reading the judgment or sentence in the presence of the 1) when the defendant voluntarily submits to the
accused and any judge of the court rendering the judgment. execution of the judgment.
2) when the defendant perfect his appeal
Rules on the validity of the promulgation of judgment 3) when the accused withdraw his appeal
1) The judgement must have been rendered and 4) when the accused expressly waives in writing his
promulgated during the incumbency of the Judge right to appeal
who signed it. 5) when the accused files a petition for probation
2) The presence of counsel during the promulgation
of judgment is not necessary. SECTION 8. Entry of judgment. After a judgment has
become final, it shall be entered in accordance with Rule
There are two instances when a judgment may be 36.
promulgated even without the personal presence of the The recording of judgment or order in the book of
accused, (Promulgation in absentia) to wit: entries of judgments shall constitute its entry .the record
1) when the judgment is for a light offense ,in which shall contain the dispositive part of the judgment order and
case, the accused’s counsel or representative may shall be signed by the clerk, with a certificate that such
stand in for him; and. judgment or order has become final and executory (rule 36)
2) in cases where despite due notice to the accused or The final judgment of the court is carried into effect
his bondsman or warden and counsel the accused by the process called mittimus.
failed to appear at the promulgation of the
decision Mittimus - It is an order issued by the court after conviction
to carry out the final judgment, such as commanding a prison
The only essential elements for its validity are: warden to hold the accused in accordance with the term of
1. The judgment is recorded in the criminal docket and the judgment.
2. A copy thereof is served upon the accused in his last
known address or to his counsel. SECTION 9. Existing Provisions Governing Suspension of
Sentence, Probation and parole not affected by this Rule.
NOTE: If the judgment is for conviction and the accused’s ----- Nothing in this Rule shall affect any existing provisions
failure to appear was without justifiable cause, he shall lose in the laws governing suspension of sentence, probation or
the remedies available in these rules against the judgment parole.
and the court shall order his arrest.
Within 15 days from the promulgation of judgment RULE 121
however, the accused may surrender and file a motion for NEW TRIAL OR RECONSIDERATION
leave of court to avail of these remedies. If his motion
granted, he may avail of the remedies within 15 days from SECTION 1. New trial or reconsideration. ----- At any time
notice. before a judgment of conviction becomes final, the court
may, on motion of the accused or at its own instance but
NOTE: Judges are directed to take down notes of salient with the consent of the accused, grant a new trial or
portions of the hearing and proceed in the preparation of reconsideration.
decisions without waiting for the TSNs, with without TSNs
the 90 days period for deciding cases should adhered (lowan New trial - It is the rehearing of a case already decided but
vs Moleta,90 SCRA 579) before the judgment of conviction therein rendered has
become final, whereby errors of law or irregularities are
SECTION 7. Modification of judgment. ----- A judgment of expunged from the record or new evidence is introduced, or
conviction may, upon motion of the accused, be modified or both steps are taken.
set aside before it becomes final or before appeal is A motion for new trial or reconsideration should be
perfected. Except where the death penalty is imposed, a filed with the trial court within 15 days from the
judgment becomes final after the lapse of the period for promulgation of the judgment and interrupt the period for
perfecting an appeal, or when the sentence has been perfecting an appeal from the time of its filing until notice of
partially or totally satisfied or served, or when the accused the order overruling the motion shall have been served upon
has waived in writing his right to appeal, or has applied for the accused or his counsel.
probation. A motion for the reconsideration of the judgment may
be filed in order to correct errors of law or fact in the
Upon motion of the accused a judgment of conviction may judgment it does not require any further proceeding
be modified or set aside by the court before it has become
final before an appeal has been perfected. NOTE: A new trial may be granted at any time before the
judgment of conviction becomes final:
A judgment become final: 1) on motion of the accused
1) when a period for perfecting an appeal has lapsed. 2) on motion of the court but with the consent of the
2) when the sentence is partially or totally satisfied or accused
served. The award of new trial or taking of additional evidence
3) when the accused expressly waives in writing his rest upon the sound discretion of the court (People vs
right to appeal; and Acosta, 98 PHIL 642)
4) when the accused applies for probation.
 Once the appeal is perfected the trial court steps out of Ground for new trial
the case and the appellate court steps in should it come to 1) that error of law or irregularities have been
pass then that during the pendency of the appeal ,new and committed during the trial prejudicial to the
material evidence for example ,have been discovered ,the substantial rights of the accused
accused may file a motion for new trial with the appellate 2) that new and material evidence has been
court. discovered which the accused could not with
reasonable diligence have discovered and
Cases when the trial court lose jurisdiction over its sentence produced at the trial and which if introduced and
even before the lapse of 15 days. admitted would probably change the judgment;
1) when the defendant voluntarily submits to the 3) Meritorious circumstances as determined by the
execution of sentence. court on a case to case basis, such as;
2) when the defendant perfects his appeal .the  retraction of witness
moment the appeal is perfected the court a quo  Negligence or incompetency of counsel
loses jurisdiction over it. Except for the purpose of  improvident plea of guilty
correcting clerical errors  disqualification of an attorney de officio to
represent the accused in trial Court.
NEW TRIAL REOPENING OF THE CASE
Filed after judgment is Made by the court before Requisites before a new trial may be granted on the ground
rendered but before the the judgement is rendered of newly discovered evidence
finality thereof in the exercise of sound 1) that the evidence was discovered after trial,
discretion 2) that such evidence could not have been
Made by the court on Does not require the discovered and produced at the trail even with
motion of the accused or at consent of the accused ,may the exercise of reasonable diligence.
its own instance but with be at the instance of either 3) that it is material, not merely cumulative,
the consent of the accused party who can thereafter corroborative or impeaching. And
present additional evidence 4) the evidence is of such a weight that it would
Mistake of counsel generally binds the client and probably change the judgement if admitted
is not a ground for new trial except when the incompetence Mistakes or errors of counsel in the conduct of his case
of the counsel is so great that the defendant is prejudiced are not grounds for new trial .this rule is the same whether
and prevented from fairly presenting his defense and where the mistakes are the result of ignorance, inexperience or
the error of the counsel is so serious incompetence.(U.S vs Umali ,15 PHIL 37)
Recantation is the public and formal withdrawal If the incompetence, ignorance or inexperience is so
of a witness of his prior statement. It is not a ground for great and the error committed as a result thereof is so
new trial because it makes a mockery of the court and serious that the client, who otherwise has a good cause, is
would place the investigation of truth at the mercy of the prejudiced and denied his day in court, the litigation may be
scrupulous witness. Moreover, retractions are easy to reopened to give the client another chance to present his
extort out witness in contrast their statements are made case.
under oath, in the presence of judge, and with the
opportunity to cross examine. SECTION 3. Ground for reconsideration - the court shall
Except when aside from testimony of the grant reconsideration on the ground of error of law or fact
retracting witness, there is no other evidence to support in the judgment, which require no further proceeding.
the conviction of the accused. In this case, the retraction by
the sole witness creates a doubt in the mind of the judge as Grounds for Reconsideration
to the guilt of the accused 1) Error of law
2) error of fact in the judgment
The principle underlying this rule is to afford the trial
RECANTATION AFFIDAVIT OF DESISTANCE
court the opportunity to correct its own mistakes and to
A witness who previously The complaint states that he
avoid unnecessary appeals from being taken. The grant by
gave a testimony did not really intend to
the court of reconsideration should require no further
subsequently declares that institute the case and that he
proceeding, such as the taking of additional proof.
his statement were not true is no longer interested in
testifying or prosecuting
SECTION 4. Form of motion and notice to the prosecutor. ---
It is ground for dismissing
The motion for new trial or reconsideration shall be in
the case only if the
writing and shall state the grounds on which it is based. If
prosecution can no longer
based on a newly-discovered evidence, the motion must be
prove the guilt of the
supported by affidavits of witnesses by whom such
accused beyond reasonable
evidence is expected to be given or by duly authenticated
doubt without the testimony
copies of document which are proposed to be introduced in
of the offended party
evidence. Notice of the motion for new trial or
reconsideration shall be given to the prosecutor.
Requisites for a motion for new trial or reconsideration.
SECTION 2. Grounds for a new trial. ---- The court shall grant
The motion for a new trial or reconsideration shall be;
a new trial on any of the following grounds:
1) in writing
1) That errors of law or irregularities prejudicial to
2) filed with the court
the substantial rights of the accused have been
3) state grounds on which it is based
committed during the trial;
4) if the motion for new trial is based on newly
2) That new and material evidence has been
discovered evidence., it must be supported by the
discovered which the accused could not with
affidavits of the witness by whom such evidence is
reasonable diligence have discovered and
expected to be given, or duly authenticated copies
produced at the trial and which if introduced and
of documents which it is proposed to introduce in
admitted would probably change the judgment.
evidence.
5) Notice of the motion for new trial or
reconsideration shall be given to the fiscal.
While the rule requires that an affidavit of merits be
attached to support a motion for new trial based on newly
discovered evidence, yet the defect of lack of it may be cured indemnity, or the damages awarded by the court, although
by testimony under oath of the defendant at the hearing of the offended party had not appealed from said award, and
the motion. the party who sought a review of the decision was the
accused.
SECTION 5. Hearing on motion. ---- Where a motion for new FINAL JUDGMENT FINAL ORDER
trial calls for resolution of any question of fact, the court A judgment if no appeal is Disposes of the whole
may hear evidence thereon by affidavits or otherwise. taken subject matter or
terminates a particular issue
PURPOSE OF HEARING leaving nothing to be done
To determine whether the new trial requested but to enforce by execution
should be granted or not. It is not the new trial proper what has been determined
wherein the newly discovered evidence, for example will be
received by the court. 3. From a judgment convicting the accused, two appeals
may accordingly be taken:
SECTION 6. Effects of granting a new trial or 1) the accused may seek a review of said judgment as
reconsideration. The effects of granting a new trial or regards both action; or.
reconsideration are the following: 2) the complainant may appeal with respect only to
1) )When a new trial is granted on the grounds of the civil action ,either because the lower court has
errors of law or irregularities committed during refused or failed to award damages .or because the
the trial, all the proceedings and evidence award made is unsatisfactory to him.
affected thereby shall be set aside and taken
anew. The court may, in the interest of justice, General Rule: A private prosecutor in a criminal case has no
allow the introduction of additional evidence. authority to act for the People of the Philippines before a
2) when a new trial is granted on the ground of court on appeal. It is the Government counsel, the solicitor
newly-discovered evidence, the evidence already general who appears in criminal cases or their incidents
adduced shall stand and the newly-discovered and before the Supreme court, at the very least, the Provincial
such other evidence as the court may, in the fiscal himself, with the conformity of the Solicitor General,
interest of the justice, allow to be introduced shall shall act for the People of the Philippines.
be taken and considered together with the
evidence already in the record. Exception: The civil award in a criminal case may be
3) In all cases, when the court grants new trial or appealed by the private prosecutor on behalf of the offended
reconsideration, the original judgment shall be set party or his successor.
aside or vacated and a new judgment rendered
accordingly. SECTION 2. Where to Appeal. The appeal may be taken as
follows:
EFFECTS OF GRANTING A NEW TRIAL OR RECONSIDERATION 1) To the Regional Trial Court, in cases decided by
When a new trial is granted on the ground of errors the Metropolitan Trial Court, Municipal Trial Court
of law or irregularities committed during the trial, all in Cities, Municipal Trial Court, or Municipal
proceedings and evidence not affected by the commission of Circuit Trial Court;
such errors and irregularities shall stand, BUT those affected 2) To the court of appeals or to the Supreme Court in
thereby shall be set aside and taken anew. The court may, in the proper cases provided by law, in cases decided
the interest of justice, allow the introduction of additional by the Regional Trial Court; and
evidence; 3) To the Supreme Court, in cases decided by the
When a new trial is granted on the ground of newly Court of Appeals.
discovered evidence, the evidence already taken shall stand,
and the newly discovered and such other evidence as the SECTION 3. How Appeal taken.
court may, in the interest of justice, allow to be introduced, 1) The Appeal to the Regional Trial Court, or to the
shall be taken and considered together with the evidence Court of Appeals in cases decided by the Regional
already in the record; Trial Court in the exercise of its original
 In all cases, when the court grants new trial or jurisdiction, shall be taken by filing a notice of
reconsideration, the original judgment shall be set appeal with the court which rendered the
aside and a new judgment rendered accordingly. judgment or final order appealed from and by
The effect of the granting of a new trial is not to acquit serving a copy thereof upon the adverse party.
the accused of the crime which the judgment finds him 2) The appeal to the Court of Appeals in cases
guilty, but precisely to set aside3 said judgment so that the decided by the Regional Trial Court in the exercise
case may be tried de novo as if no trial had been had before. of its appellate jurisdiction shall be by petition for
review under Rule 42.
3) The appeal (to the Supreme Court) in cases where
RULE 122 the penalty imposed by the Regional Trial Court is
APPEAL reclusion perpetua, or life imprisonment, or
SECTION 1. Who may appeal. Any party may appeal from a where a lesser penalty is imposed but for offenses
judgment or final order, unless the accused will be placed in committed on the same occasion or which arose
double jeopardy. out of the same occurrence that gave rise to the
more serious offense for which the penalty of
Appeal - It is a proceeding for review by which the whole death, reclusion perpetua, or life imprisonment is
case is transferred to the higher court for a final imposed, shall be (by filing a) notice of appeal TO
determination. An appeal is not an inherent right of a THE COURT OF APPEALS in accordance with
convicted person. The right of appeal is and always has been paragraph (a) of this section.
statutory. Only final judgments and orders are appealable 4) No notice of appeal is necessary in cases where
the death penalty is imposed by the Regional Trial
Effect of an appeal Court. The COURT OF APPEALS (same) shall (be)
An appeal in a criminal case opens the whole case for automatically REVIEW THE JUDGMENT (reviewed
review and this includes the review of the penalty, by the Supreme Court) as provided in Section 10
indemnity, and the damages involved, consequently, on of this rule.
appeal, the appellate court may increase the penalty,
 5) Except as provided in the last paragraph of section the supreme court, the office of the ombudsman, through its
13, Rule 124, all other appeals to the Supreme special prosecutor, shall represent the People of the
Court shall be by petition for review on certiorari Philippines except cases filed pursuant to executive order
under Rule 45. Nos, 1,2, 14 and 14 –A, issued 1986.

How appeal is taken Appeal from Sandiganbayan

1) Appeal to the Regional Trial Court, by filing a notice Decision and final orders of the Sandiganbayan shall
of appeal with the court that render the judgment be appealable to the supreme court by petition for review on
or order appealed from and serving a copy to the certiorari raising pure question of law in accordance with
adverse party. Rule 45 of the Rules of court, whenever, in any case decided
2) Appeal to the court of appeals from decision of the by the Sandiganbayan, the penalty of reclusion perpetua or
Regional Trial Court in the exercise of its original higher (death) is imposed, the decision shall be appealable to
jurisdiction by filing a notice of appeal with the the supreme court in the manner prescribed in the Rules of
court that rendered the judgment or order court.
appealed from and serving a copy to the adverse Under section 7 of Presidential Decree 1606 (now
party. section 7 of R.A. No 7975) the decision and orders of the
3) Appeal to the court of appeals in cases decided by Sandiganbayan are subject to review on certiorari by the
the Regional Trial Court in the exercise of its supreme court In accordance with Rule 45 of the rules of
appellate jurisdiction by petition for review court, Only question of law may be raised in a petition for
4) Appeal to the court of appeals in cases where the certiorari under Rule 45, subject to certain rare exception,
penalty imposed is reclusion perpetua, life simply stated, one way through which a decision of final
imprisonment, or where a lesser penalty is order of the Sandiganbayan can be elevated to the supreme
imposed but involving offenses committed on the court is a petition for certiorari under Rule 45 and as a
same occasion or arising out of the same general rule ,only question of law may be raised therein .
occurrence that gave rise to more serious offense Another available remedy is the special civil action for
for which the penalty of death or life imprisonment certiorari under Rule 65 when only jurisdictional issues are
is imposed; by filing a notice of appeal with the raised.
court of appeals.
5) If there is death penalty: automatic review by the SECTION 4. Service of Notice of Appeal. If personal service
court of appeals (A.M. NO.00.5.03-SC,October of the copy of the notice of appeal cannot be made upon
15,2004) the adverse party or his counsel, service may be done by
6) Other appeal to the Supreme Court: by petition for registered mail or by substituted service pursuant to
review on certiorari. sections 7 and 8 of Rule 13.

Modes of review SECTION 5. Waiver of Notice. The appellee may waive his
The rules of court recognize four (4) modes by which the right to a notice that an appeal has been taken. The
decision or final order of the court may be reviewed by a appellate court may, in its discretion, entertain an appeal
higher court, viz notwithstanding failure to give such notice if the interests
1) ordinary appeal. of justice so require.
2) Petition for review
3) Petition for review on certiorari 1. Service of notice of appeal
4) Automatic appeal If personal service of the copy of the notice of appeal
cannot be made upon the adverse party or his counsel,
Exclusive Appellate Jurisdiction of Supreme court in cases service may be done by registered mail or by substituted
where the penalty imposed is death or life imprisonment service pursuant to section 7 and 8 of Rule 13.
modified.
Thus, A.M. NO. 00-5 -03-SC provided for amendment 2. Service by registered mail
to the Revised Rules of criminal procedure to Govern death Service by registered mail shall be made by depositing
penalty cases. The provisions of section 3 and 10, Rule 122 the copy in the post office, in a sealed envelope, plainly
governing appeals in death penalty cases were amended, addressed to the party or his counsel at his office, if known,
accordingly, effective October 15, 2004. Instead of direct otherwise at his residence, if known with postage fully
appeal to the Supreme court in cases where the death prepaid and with instruction the post master to return the
penalty, reclusion perpetua or life imprisonment is imposed, mail to the sender after 10 days if undelivered (section 7,
the automatic review in death penalty case, as well as Rule 13)
appeals in reclusion perpetua and life imprisonment cases
should now be to the court of appeals. 3. Substituted service.
If service cannot be made through personal service by
Crimes committed on the same occasion registered mail, the office and place of residence of the party
Appellate jurisdiction which was then with the or his counsel being unknown, service may be made by
Supreme court over cases which arose out of the same delivering the copy to the clerk of court. With proof of failure
occurrence or was committed on the same occasion as the of both personal service and service by mail. (sec. 8, Rule 13)
case involving reclusion perpetua pending before the
Supreme court, was likewise accordingly modified. 4. Publication of notice of appeal
If copy of the notice of appeal cannot be served on the
Appeal to the Sandiganbayan adverse party or his counsel it may be done by publication.
Decision and final orders of other courts, in cases Service by publication is made in a newspaper of
cognizable by said court under this act shall be appealable to general circulation in the vicinity once a week for a period
the Sandiganbayan within fifteen (15) days from not exceeding 30 days.
promulgation or notice to the parties.
The procedure prescribed in Batas Pambansa Blg. 129, 5. Appeals purely statutory right
as well as the implementing rules that the supreme court has Well settled is the rule that the right to appeal is a
promulgated and may thereafter promulgate ,relative to statutory right, not a natural or inherent one, so that the
appeals/petitions for review to the court of appeals shall party who seek to avail the said right must comply with the
apply to appeals and petitions for review filed with the requirements of the rules, otherwise, the right to appeal is
sandiganbayan. In all cases elevated to the Sandiganbayan to lost.
6. Appeals in criminal cases, when considered perfected accused, the trial court shall direct the stenographic
Appeals in criminal cases do not take place and are not reporter to transcribe his notes of the proceedings. When
considered perfected until after the interested party, or filed by the People of the Philippines, the trial court shall
parties, has personally or through his attorney filed with the direct the stenographic reporter to transcribe such portion
clerk of court a written notice expressly stating the appeal. of his notes of the proceedings as the court, upon motion,
shall specify in writing. The stenographic reporter shall
7. Verbal notice of appeal, together with filing of the bond, certify to the correctness of the notes and the transcript
constitute substantial compliance with the rules. thereof, which shall consist of the original and four copies
When an accused manifest or gives notice of his with the clerk without unnecessary delay.
intention to appeal in open court and files a bond for the If death penalty is imposed, the stenographic
provisional release, within 15 days from the promulgation of reporter shall, within thirty (30) days from promulgation of
the decision against him, he may be considered as having the sentence, file with the clerk the original and four copies
perfected his appeal notwithstanding his failure to file a of the duly certified transcript of his notes of the
written notice of appeal and to serve a copy thereof to the proceedings. No extension of time for filing of said
adverse party as required of section 3 of rule 122 of rules of transcript of stenographic notes shall be granted except by
court, where referral to a manifestation that accused is the Supreme Court and only upon justifiable grounds.
appealing the decision was held sufficient.
SECTION 8. Transmission of Papers to Appellate Court upon
Effect of perfection of appeal Appeal. Within five (5) days from the filing of the notice of
Settle is the rule, that once an appeal in a case, appeal, the clerk of the court with whom the notice of
whether civil or criminal, has been perfected, the court a quo appeal was filed must transmit to the clerk of court of the
loses jurisdiction over the case both over the record and over appellate court the complete record of the case, together
the subject of the case. And in criminal proceedings, an with said notice. The original and three copies of the
appeal is perfected by filing a notice of appeal with the court transcript of stenographic notes, together with the records,
in which the judgment or order was rendered, and by serving shall also be transmitted to the clerk of the appellate court
a copy thereof upon the adverse party or his attorney, within without undue delay. The other copy of the transcript shall
fifteen days from the rendition of the judgment or order remain in the lower court.
appealed from.
SECTION 9. Appeal to the Regional Trial Courts-
SECTION 6. When Appeal to be taken. An appeal must be a. within five (5) days from perfection of the appeal ,the
taken within fifteen (15) days from promulgation of the clerk of court shall transmit the original record to the
judgment or from notice of the final order appealed from. appropriate Regional Trial Court.
This period for perfecting an appeal shall be suspended b. Upon receipt of complete record of the case ,transcript
from the time a motion for new trial or reconsideration is and exhibits, the clerk of court of the Regional Trial Court
filed until notice of the order overruling the motion has shall notify the parties of such fact.
been served upon the accused or his counsel at which time c. within fifteen(15) days from receipt of said notice, the
the balance of the period begins to run. parties may submit memoranda or briefs, or may be
required by the Regional Trial court to do so.after the
1. The word must in section 6 is synonymous with ought. It submission of such memoranda or briefs, or upon the
connotes compulsion or mandatoriness. The clear term of expiration of the period to file the same, the Regional Trial
section 6 leave no room for doubt that the appeal should be Courts shall decide the case on the basis of the entire
effected within fifteen days from promulgation of judgment. record of the case and such memoranda as may have been
The appeal must be made within fifteen days from the filed.
promulgation not from receipt of written judgment.
The period to appeal is interrupted from the time a SECTION 10. Transmission of records in case of death- in all
motion for new trial or reconsideration is filed until notice of cases where death penalty is imposed by the trial court, the
the order overruling the motion has been served at which records shall be forwarded to the Supreme court for
time the balance of the period begins to run. automatic review and judgment within five (5) days after
fifteenth (15) day following the promulgation of the
2. Computation of the period to appeal judgment or notice of denial of a motion for new trial or
In computing the period to appeal, the first day is reconsideration .the transcript shall also be forwarded
excluded and the last day is included should the last day fall within ten days after the filing thereof by stenographic
on a Sunday or a holiday, the period continues to run until reporter.
the next day which is neither a Sunday nor holiday section
13, Revised administrative Code) SECTION 11. Effect of appeal by any several accused- .

3. Abandonment of the doctrine 1) An appeal taken by one or more of several

To standardize the appeal periods provided in the accused shall not affect those wh did not
rules and to afford litigants fair opportunity to appeal their appear ,except insofar as the judgment of the
cases, the court en banc deems it practical to allow a fresh appellate court is unfavourable and applicable to
period of 15 days within which to file a notice of appeal in the latter.
the Regional Trial Court, counted from receipt of the order 2) The appeal of the offended party from civil aspect
dismissing a motion for a new trial or motion for shall not affect the criminal aspect of the
reconsideration. Henceforth, this fresh period rule shall also judgment or order appealed from.
apply to Rule 40 governing appeals from the municipal Trial 3) Upon the perfection of the appeal, the execution
Court to the Regional Trial Court; Rule 42 on petitions for of the judgment or final order appealed from
review from the Regional Trial Court to the court of Appeals; shall stayed as to the appealing party.
Rule 43 on appeals from quasi-judicial agencies to the court
of appeals and Rule 45 governing appeals by certiorari to the SECTION 12. Withdrawal of appeal –notwithstanding
Supreme court. To be counted from receipt of the order perfection of the appeal, the Regional trial court,
denying the motion for new trial, motion for reconsideration Metropolitan Trial Court, Municipal Trial Court, or
or any final order or resolution Municipal circuit Trial Court, as the case may be, may allow
the appellant to withdraw his appeal before the record has
SECTION 7. Transcribing and Filing Notes of Stenographic been forwarded by the clerk of court to the proper
Reporter upon Appeal. When notice of appeal is filed by the appellate court as provided in section 8, in which case the
judgment shall become final. The Regional Trial Court may but the title of the case shall remain as it was in the court of
also, in its discretion, allow the appellant from the origin.
judgment of a Metropolitan Trial Court, Municipal Trial The court of appeals has no jurisdiction without
Court in Cities, Municipal Circuit Trial court to withdraw his judgment of conviction
appeal, provided a motion to that effect is filed before The court of appeals shall give precedence in the
rendition of the judgment in the case on appeal, in which disposition of appeals of accused who is under detention ,it
case the judgment of the court of origin shall become final shall hear and decide the appeal at the earliest practicable
and the case shall be remanded to the latter court for time with due regard to the right of the parties
execution of the judgment
An appellant may withdraw his appeal before the Rights of accused appellant
record his appeal has been forwarded by the clerk of court to An accused appellant may change his theory on
proper appellate court as provided by section 8, in which the appeal: Thus the case opens the whole actions for review on
judgment shall become final. any questioning including those not raised by the parties
The court may also, in its discretion allow the When the accused appeals a judgment of
appellant to withdraw his appeal, PROVIDED a motion to that conviction he waives the constitutional safeguard against
effect is filed before the rendition of the judgment in the double jeopardy; but every circumstances in favor of the
case on appeal. (People vs. Madrigal Gonzales 117 SCRA) accused should be considered
Once appeal is withdrawn, the decision or
judgment appealed from becomes at once final and executor SECTION 2. Appointment of counsel de officio for the
(People vs. Madrigal –Gonzales) accused- if it appears from the record of the case as
transmitted that (a) the accused is confined in prison (b)
SECTION 13. Appointment of counsel de officio - it shall be without counsel de parte on appeal and (c) has signed the
the duty of the clerk of the trial court upon filing of a notice notice of appeals shall designate a counsel de officio.
of appeal, to ascertain from appellant, if confined in prison,
whether he desires the Regional Trial Court, Court of appeal INSTANCES WHEN AN ACCUSED CAN BE GIVEN A COUNSEL
or the Supreme court to appoint a counsel de officio to DE OFICIO ON APPEAL
defend him and transmit with the record on a form to be 1. Accused is confined in prison;
prepared by the clerk of the appellate court, a certificate of 2. He is without counsel de parte on appeal; or
compliance with this duty and of the response of the 3. He is signed the notice of appeal himself.
appellant to his inquiry.
The right to counsel de officio does not cease upon EXCEPTION:
conviction of an accused by a trial court but continues even An accused-appellant not confined to prison can
during appeal: have a counsel de oficio if requested by him in the appellate
Duties of the clerk of the trial court to the appellant who court within 10 days from receipt of the notice to file brief
is confined in prison upon presentation of notice of appeal. and the right thereto is established
 He shall ascertain from the appellant ,whether he An accused who is not confined in prison may
desires the Regional trial Court, court of appeal or upon request, assigned a counsel de officio within ten (10)
the Supreme court to appoint an attorney de officio days from receipt of the notice to file brief and establishes
to defend him. his right thereto.
 He shall transmit with the record ,upon a form to
be prepared by the clerk of the appellate court, a SECTION 3. when brief for appellant to be filed – within
certificate of compliance with this duty and of thirty (30) days from receipt by the appellant or his counsel
response of the appellant to his inquiry of the notice from the clerk of court of the court of appeal
that the evidence, oral and documentary, is already
RULE 123 attached to the record, the appellant shall file seven (7)
copies of his brief with the clerk of court which shall be
PROCEDURE IN THE accompanied by proof of service of two(2) copies thereof
MUNICIPAL TRIAL COURTS upon the appellee.

SECTION 1. Uniform Procedure- the procedure to be Brief - It literally means a short or condensed statement the
observed in the Metropolitan Trial Courts, Municipal Trial purpose of the brief is to present to the court in concise form
Courts and Municipal circuit Trial court shall be the same as the points and questions in controversy ,and by fair
in the Regional Trial Courts, except where a particular argument on the facts and the law of the case to assist the
provision applies only to either of said courts and in court in arriving at a just and proper conclusion
criminal cases governed by the Revised Rule on summary
Procedure SECTION 4. When brief for appellee to be filed; reply brief
Procedure to be observe in Metropolitan Trial courts, of the appellant – within thirty (30) days from receipt of the
Municipal Trial Courts and Municipal Circuit Trial Courts: they brief of appellant, the appellee shall file the clerk of court
shall observe the same procedure as in the Regional Trial which shall be accompanied by proof of service of two (2)
Courts except: copies thereof upon the appellant.
Within twenty (20) days from receipt of the brief of the
1) Where a particular provision expressly or impliedly appellee, the appellant may file a reply brief traversing the
applies only to the Metropolitan Trial Courts, matters raised in the former but not covered in the brief of
Municipal Circuit Trial Courts and Municipal Trial the appellant
Courts or Regional Trial Courts
2) In criminal cases governed by the rules on SECTION 5. Extension of the time to file briefs –extension of
summary procedure in Special Cases adopted on time for the filing of briefs will not be allowed except for
August 1, 1983 and revised on November 15, 1991. good and sufficient cause and only if the motion for
extension is filed before, the expiration of the time sought
RULE IN 124 to be extended.
PROCEDURE IN THE COURT OF APPEAL
SECTION 1. Title of the case- in all criminal cases appealed Section 6. form of brief- Briefs shall either be printed,
to the courts of appeals, the party appealing the case shall encoded or type written in double space on legal size good
be called the appellant and the adverse party the appellee quality unglazed paper 330 mm in length by 216 mm in
width.
SECTION 7. Contents of brief- the briefs in criminal cases SCOPE OF JUDGMENT
shall have the same contents as provided in section 13 and 1) Reversed ,affirm or modify the judgment
14 of the Rule 44. A certified true copy of the decision or 2) Increase or reduce the penalty imposed
final order appealed from shall be appended to the brief of 3) Remand the case to the final court for new trial or
the appellant. retrial
Unlike in civil actions, it is not necessary for the 4) Dismiss the case
appellant to make assignment of errors in his brief as on Note: Court of Appeal cannot revise the judgment because
appeal the whole record of the case is submitted to and this would violate the rule that the judge must write the
reviewable by the appellate court decision personally

SECTION 8. Dismissal of appeal –the court of appeals may, Modify vs Reverse

upon motion of the appellee or motu propio and with In modifying the decision the CA bases its
notice to the appellant fails to file his brief within the time modification on error of law or fact in revision the court
prescribed by this rule, except where the appellant is merely changes manner the decision is written
represented by a counsel de officio.
The court of appeals may also, upon motion of the SECTION 12. Power to receive evidence – The court of
appellee or motu propio dismiss the appeal if the appellant appeals shall have the power:
escapes from prison or confinement, jumps bail or flees to a 1) to try cases and conduct hearing
foreign country during the pendency of the appeal. 2) to receive evidence
3) to perform any and all acts necessary to resolve
Grounds for dismissal of appeal factual issues raised in cases
1) Failure on the part of the appellant to file his brief a. falling within its original and appellate
within the reglementary period, except when he is jurisdiction
represented by counsel de officio. b. Involving claims for damages arising from
2) Escape of the appellant from prison provisional remedies ,or
3) Appellant jumps bail c. Where the court grants a new trial based
4) Flight of the appellant to a foreign country during only on the ground of newly discovered
the pendency of the appeal evidence.

Note: Ground (1) is deemed abandonment of appeal, SECTIONJ 13. Quorum of the court; certification or appeal of
grounds (2) (3) (4) are deemed failure to prosecute cases to Supreme Court. Three (3) Justices of the Court of
Appeals shall constitute a quorum for the sessions of a
Effect of failure to prosecute appeal division. The unanimous vote of the three (3) Justices of a
1) Judgment of the court below becomes final division shall be necessary for the pronouncement of a
2) Accused cannot be afforded the right to appeal judgment or final resolution, which shall be reached in
Unless consultation before the writing of the opinion by any
a. He voluntarily submits to the jurisdiction of member of the division. In the event that three (3) Justices
the court cannot reach a unanimous vote, the presiding Justice shall
b. He is otherwise arrested within 15 days from direct the raffle committee of the Court to designate two (2)
notice of judgment against him additional Justices to sit temporarily with them, forming a
special division of five (5) members and the concurrence of
SECTION 9. Prompt disposition of appeals – appeals of a majority of such division shall be necessary for the
accused who are under detention shall be given precedence pronouncement of a judgment or final resolution. The
in their disposition over other appeals. The court of appeals designation of such additional Justices shall be made strictly
shall hear and decide the appeal at the earliest practicable by raffle and rotation among all other Justices of the Court
time with due regard to the right of the parties .the accused of Appeals.
need not be present in court during the hearing of the
appeal. Whenever the Court of Appeals finds that the penalty of
death, reclusion perpetua or life imprisonment should be
SECTION 10. Judgment not to be reversed or modified imposed in a case, the court after discussion of the evidence
except for substantial error- No judgment shall be reversed and the law involved, shall render judgment imposing the
or modified unless the court of appeals, after an penalty of death, reclusion perpetua or life imprisonment as
examination of the record and of the evidence adduced by the circumstances warrant. However, it shall refrain from
the parties, is of the opinion that error was committed entering judgment and forthwith certify the case and
which injuriously affected the substantial rights of the elevate the entire record thereof to the Supreme Court for
appellant. review.

Judgment of the lower court SECTION 14. Motion for new trial. ---- At any time after the
Shall be reversed or modified only when the court appeal from the lower court has been perfected and before
of appeals is of the opinion, that error was committed which the judgment of the Court of Appeals convicting the
injuriously affected the substantial rights of the appellant appellant becomes final, the latter may move for a new trial
after it examined the record and evidence adduce by the on the ground of newly discovered evidence material to his
parties. defense. The motion shall conform to the provisions of
Although not open done in the judicial system, the section 4, Rule 121.
case of People v Calayca states that the appellate court may
reverse the trial court decision on the basis of grounds other SECTION 15. Where new trial conducted. ---- When a new
than those that the parties raised as errors trial is granted, the Court of Appeals may conduct the
hearing and receive evidence as provided in section 12 of
SECTION 11. Scope of judgment – the court of appeals may this Rule or refer the trial to the court of origin.
reverse, affirm, or modify the judgment and increase or
reduce the penalty imposed by the trial court, remand the SECTION 16. Reconsideration. ---- A motion for
case to the Regional Trial Court, for new trial or retrial, or reconsideration shall be filed within fifteen (15) days from
dismiss the case. notice of the decision or final order of the Court of Appeals,
with copies thereof served upon the adverse party, setting
forth the grounds in support thereof, the mittimus shall be
stayed during the pendency of the motion for
reconsideration. No party shall be allowed to file a second Search vs seizure
motion for reconsideration of a final judgment or final SEARCH SEIZURE
order. The term search as applied to searches and A seizure is
seizures is an examination of a man ‘s house the physical
SECTION 17. Judgment transmitted and filed in trial court. or other building or premises or of his person taking of a
When the entry of judgment of the Court of Appeals is with view to the discovery of contraband or thing in
issued, a certified true copy of the judgment shall be illicit or stolen property or some evidence of custody
attached to the original record which shall be remanded to guilt to be used in the prosecution of a
the clerk of the court from which the appeal was taken. criminal action for some offense with which
he is charged
SECTION 18. Application of certain rules in civil procedure
to criminal cases. --- The provisions of Rules 42, 44 to 46 General warrant - It is a search warrant which vaguely
and 48 to 56 relating to procedure in the Court of Appeals describe without definite guideline to the searching team as
and in the Supreme Court in original and appealed cases to what items might be lawfully seized ,thus giving the
shall be applied to criminal cases insofar as they are officers of the law discretion regarding what articles they
applicable and not inconsistent with the provisions of this should seized.
Rule. Note: A general warrant is not valid as it infringes on the
constitutional mandate requiring particular description of the
Rule 47 does not apply to criminal actions the things to be seized
proper remedy for lack of jurisdiction or extrinsic fraud is
certiorari (Rule 65) or Habeas Corpus (Rule 102) Scatter shot search warrant - It is a search warrant issued for
more than one offense (not valid because it is in violation of
RULE 125 the constitution
PROCEDURE IN THE SUPREME COURT
SECTION 1. Uniform procedure. Unless otherwise provided Object of a search warrant
by the Constitution or by law, the procedure in the To obtain the goods, and bring the person in whose
Supreme Court in original as well as in appealed cases shall custody they are found, either to be recognized as a witness
be the same as in the Court of Appeals. or to be subject to such further proceedings as the ends of
justice may require.
SECTION 2. Review of decisions of the Court of Appeals. The A search warrant must conform strictly to the
procedure for the review by the Supreme Court of decisions requirements of the constitutional and statutory provision
in criminal cases rendered by the Court of Appeals shall be under which it is issued, otherwise it is VOID
the same as in civil cases. It will always be construed strictly without going
the full length of requiring technical accuracy
SECTION 3. Decision if opinion is equally divided. When the No presumptions of regularity are to be invoked in
Supreme Court en banc is equally divided in opinion or the aid of the process when an officer undertakes to justify under
necessary majority cannot be had, the case shall again be it
deliberated upon and if no decision is reached after re-
deliberation, the judgment of conviction of the lower court WARRANT OF ARREST VS SEARCH WARRANT
shall be reversed and the accused acquitted. Warrant of arrest Search warrant
Order directed to the peace Order in writing in the name
RULE 126 officer to execute the of the RP signed by the judge
SEARCH AND SEIZURE warrant by taking the person and directed to the peace
SECTION 1. Search warrant defined. A search warrant is an stated therein into custody officer to search personal
order in writing issued in the name of People of the that he may be bound to property described therein
Philippines, signed by a judge and directed to a peace answer for the commission and to bring it to court (Sec
officer, commanding him to search for personal property of the offense 1)
and bring it before the court. Does not became stale Validity for 10 days only
May be served on any day To be served only in daytime
Search Warrant - An order an order in writing signed by and at any time of day and unless the affidavit alleges
judge in the name of the People of the Philippines night (Sec 6,Rule 113) that the property is on the
commanding a peace officer to search personal property and person or in the place to be
bring it before the court. searched
Upon probable cause to be Determined personally by
Element of search warrant The judge after examina Tion in writing and under
1) Order in writing Oath in the form of sear Ching answer and questions
2) signed by the judge in the People of the Philippines Only issued if there is a Sworn statements and
3) commanding a peace officer to search for personal necessity of placing accused affidavits of complainant and
property under immediate custody witnesses must be submitted
4) to bring the property before the court to court
Nature of a search warrant
Test to determine particularity
1) It is in the nature of criminal process and may be
1) When the description therein is as specific as the
invoke only in furtherance of public
circumstances will ordinarily allow
prosecutions .it has no relation to civil processes
2) When the description express a conclusion of fact
or trials
not of law which warrant officer may be guided in
2) It is not available to individuals in the course of
making the search and seizure
civil proceedings
3) When the things described are limited to those
3) It is not for the maintenance of any private rights
which bear direct relation to the offense for which
4) It is interlocutory in character it leaves something
the warrant is being issued
more to be done, the determination of guilt of the
accused.
SECTION 2. Court where application for search warrant shall search is purely personal and cannot be availed of by third
be filed. parties.
An application for search warrant shall be filed with the
following: Remedies from unlawful search
1) Any court within whose territorial jurisdiction a 1) A motion to quash the search warrant and
crime was committed. 2) A motion to suppress as evidence the objects
2) For compelling reasons stated in the application, illegally taken (Exclusionary Rule- any evidence
any court within the judicial region where the searches and seizures shall be inadmissible for any
crime was committed if the place of the purpose in any proceeding)
commission of the crime is known, or any court 3) Replevin if the object are legally possessed
within the judicial region where the warrant shall
be enforced. NOTE: the remedies are alternative if a motion to quash is
3) However, if the criminal action has already been denied, a motion to suppress cannot be availed of
filed, the application shall only be made in court subsequently
where the criminal action is pending.
SECTION 5. Examination of complainant; record. ---- The
SECTION 3. Personal property to be seized. A search judge must, before issuing the warrant, personally examine
warrant may be issued for the search and seizure of in the form of searching questions and answers, in writing
personal property: and under oath, the complainant and the witnesses he may
(a) Subject of the offense; produce on facts personally known to them and attach to
(b) Stolen or embezzled and other proceeds, or fruits of the the record their sworn statements, together with the
offense; or affidavits submitted.
(c) Used or intended to be used as the means of committing
an offense. Requisites of personal examination
Note: the rule does not require that the property to be 1) The judge must examine the witnesses personally
seized should be owned by the person against whom the 2) It must be under oath
search warrant is directed it may or may not be owned by 3) Examination must be reduced to writing in the
him. form of probing and searching questions
In a search incidental to a lawful arrest even without a
warrant the person arrested may be searched for. Probing and Searching question
1) Dangerous weapon The examination must be probing and exhaustive
2) Anything which may be used as proof of the not merely pro forma.
commission of an offense The question must not merely be answerable by
yes or no
SECTION 4. Requisites for issuing search warrant. ---- A Answer given cannot be based on reliable
search warrant shall not issue except upon probable cause information
in connection with one specific offense to be determined Application for search warrant is heard ex parte
personally by the judge after examination under oath or there is neither atrial nor part of the trial
affirmation of the complainant and the witnesses he may Test to determine if an affidavit or testimony of the
produce, and particularly describing the place to be witness is based on personal knowledge is whether perjury
searched and the things to be seized which may be could be charged against the witness
anywhere in the Philippines. Knock and announced principle

Requisites Generally officers executing a search warrant must do the

1) Must be issued upon probable cause following:
2) Which must be determined personally by the judge 1) Announce their presence
3) Upon personal examination in writing and under 2) Identify themselves to the accused and to the
oath of the complainant and his witnesses in the persons who rightfully have possession of the
form of probing and searching questions and premises to be searched
answer on facts personally known to them 3) Show them the search warrant
4) The probable cause must be in connection with 4) Explain the warrant in a language or dialect known
one specific offense and understood by them
5) Particularly describing the place to be searched and
items to be seized When unannounced intrusion is permissible
6) The sworn statements together with the affidavits 1) Person in premises refuses to open it upon
of the witnesses must be attached to the record demand
2) Person in the premises already knew of the
Probable cause (in General) - Such facts and circumstances identity and authority of the officers
antecedent to the issuance of the warrant, that are in 3) When officers have honest belief that there is an
themselves sufficient to induce a cautious man to believe imminent danger to life and limb
that the action against whom the search warrant is applied 4) When those in the premises ,aware of the
had committed or is about to commit a crime presence of someone outside ,are then engaged in
activities which justifies the officers to believe that
Probable cause for search. an escape or the destruction of evidence is
May be defined as such facts and circumstances imminent
which would lead a reasonable and prudent man to believed
that an offense has been committed and that the object SECTION 6. Issuance and form of search warrant. ---- If the
sought in connection with the offense are in the place sought judge is satisfied of the existence of facts upon which the
to be searched application is based or that there is probable cause to
believe that they exist, he shall issue the warrant, which
Party who may question validity of search and seizure must be substantially in the form prescribed by these Rules.
Well settle is the rule that the legality of a seizure
can be contested only by the party whose rights have been
impaired thereby, and that the objection to an unlawful
Issuance of search warrant under said warrant ,it CANNOT be used again for another
The constitution ordains that no warrant shall issue search and seizure, EXCEPT when the search conducted on
EXCEPT upon probable cause supported by oath or the same may be continued under the same warrant the
affirmation following day if not beyond 10 day period (Uy Kheytin vs
Villareal 42 Phil 886)
Form of Search warrant
The search warrant must be in writing and must SECTION 11. Receipt for the property seized. ---- The officer
contain such particulars as the name of the person against seizing property under the warrant must give a detailed
whom it is directed, the offense for which it was issued, the receipt for the same to the lawful occupant of the premises
place to be searched and the specific things to be seized in whose presence the search and seizure were made, or in
An application for a search warrant is heard ex the absence of such occupant, must, in the presence of at
parte. It is neither a trial nor a part of the trial .the least two witnesses of sufficient age and discretion residing
examination or investigation which must be under oath may in the same locality, leave a receipt in the place in which he
not be in public .it may be even held in the secrecy of the found the seized property.
chambers .it must be under oath and must be in writing
SECTION 12. Delivery of property and inventory thereof to
Note: Search warrant cannot issue against diplomatic officers court; return and proceedings thereon. ---
1) The officer must forthwith deliver the property
SECTIOJN 7. Right to break door or window to effect search. seized to the judge who issued the warrant,
The officer, if refused admittance to the place of together with a true inventory thereof duly verified
directed search after giving notice of his purpose and under oath.
authority, may break open any outer or inner door or 2) Ten (10) days after issuance of the search warrant,
window of a house or any part of a house or anything therein the issuing judge shall ascertain if the return has
to execute the warrant or liberate himself or any person been made, and if none, shall summon the person
lawfully aiding him when unlawfully detain therein. to whom the warrant was issued and require him
to explain why no return was made. If the return
SECTION 8. Search of house, room, or premises to be made has been made, the judge shall ascertain whether
in presence of two witnesses. No search of the house, section 11 of this rule has been complied with and
room, or any other premises shall be made except in the shall require that the property seized be delivered
presence of the lawful occupant thereof or any member of to him. The judge shall see to it that subsection (a)
his family or in the absence of the latter, two witnesses of hereof has been complied with.
sufficient age and discretion residing in the same locality. 3) The return on the search warrant shall be filed and
In searching house, room or other premises, such kept by the custodian of the log book on search
shall be done in the presence of a lawful occupant or any warrants who shall enter therein the date of the
member of his family, or in presence of at least 2 witnesses return, the result and other actions of the judge. A
of sufficient age and discretion residing in the same locality violation of this section shall constitute contempt
The searching officer should also be considerate of of court.
the premises search, He should mar the premises as little as
possible, and should carefully replace anything he finds SECTION 13. Search incident to lawful arrest. --- A person
necessary to remove. lawfully arrested may be search for dangerous weapons or
Note: the 2 witness rule applies only if there is no other anything which may have been used or constitute proof in
occupant of the home the commission of an offense without search warrant.

SECTION 9. Time of making search. The warrant must direct When there may be a search without warrant
that it be served in the day time, unless the affidavit asserts 1) In times of war within the area of military
that the property is on the person or in the place ordered to operations
be searched, in which case a direction may be inserted that 2) As an incident to a lawful arrest subject to the
it be served at any time of the day or night. following requisites :
a. Arrest must be lawful
General Rule: A search warrant must be served at day time b. Search and seizure must be contemporaneous
with arrest
Exception: A search warrant may be made at night time c. Search must be within permissible are
when it is positively asserted in the affidavit that the (i.e STOP AND FRISK search which allows a limited
property is on the person or in the place ordered to be protective search of outer clothing for weapons)
searched (Alvares vs CFI of Tayabas 64 Phil 33) The affidavit 3) when there are prohibited articles open to eye
making such assertion must itself be sufficient as to the fact and hand (PLAIN VIEW DOCTRINE)
asserted, for if the same is based upon hearsay, the general 4) When there is consent subject to the following
rule shall apply. conditions (CONSENTED SEARCH)
A search warrant conducted a t night without a. There is right
direction to that effect is an unlawful search the same rule b. There must be knowledge of the existence of
applies where the warrant left blank the time for making the such right
search. c. There must be intention to waive
A public officer or employee who exceeds his 5) When it is incident of inspection
authority or uses unnecessary severity in executing the 6) Under the tariff and custom Code for the purpose
warrant is liable under Art. 129 of the REVISED PENAL CODE. of enforcing custom and tariff laws
7) Searches and seizures of vessels and aircraft ,this
SECTION 10. Validity of search warrant. ---- A search extends to the warrantless search of a motor
warrant shall be valid for ten (10) days from its date. vehicle for contraband
Thereafter it shall be void. Note: the search and seizure of vessels and aircraft may
Ten days from its date, thereafter, it shall be void .a validly be made without a search warrant because the vessel
search warrant can be used only once, thereafter it becomes or aircraft can quickly move out of the jurisdiction before
functus officio. such warrant could be secured
While under section 10 ,a search warrant has a The remedy for questioning the validity of a search warrant
validity of 10 days ,NEVERTHELESS ,it CANNOT be used every can only be sought in the court that issued it ,not in the sala
day of said period and once articles have already been seized of another Judge of concurrent jurisdiction, Except where
there is already a case filed .the latter shall acquire
jurisdiction to the exclusion of other court

Waiver of legality and admissibility

Objection to the legality of the search warrant or as to the
admissibility of the evidence obtained is deemed WAIVED
where no objection of the search warrant was raised during
the trial of the case nor to the admissibility of the evidence
obtained through said warrant

SECTION 14. Motion to quash a search warrant or to

suppress evidence, where to file. ----
IN WHAT COURT MAY A MOTION TO QUASH BE FILED
1) may be filed in and acted upon only by the court
where the action has been instituted.
2) If no criminal action has been instituted, the
motion may be filed in and resolved by the court
that issued the search warrant. However, if such
court failed to resolve the motion and a criminal
case is subsequently filed in another court, the
motion shall be resolved by the latter court.

ASSIGNMENT: Read A.M. No. 21-06-08-SC – Rules on the

use of body worn cameras in the execution of warrants.