1st Semester

AY 2018-2019 CRIMINAL PROCEDURE

PRELIMINARIES
QUESTION ANSWER
Define Criminal “A generic term to describe the network of law and rules which
Procedure governs the procedural administration of justice.” (Black
Law’s Dictionary)

“It provides or regulates the steps by which one who committed

a crime is to be punished.” (People vs Lacson, 400 SCRA 267,
306)
Discuss the Ultimate The state has the duty to prosecute persons for violation of
Goal of Criminal penal. Attached in this duty is the intrusion in the
Procedure. individual’s zones of privacy.

The people, on one hand, are protected by his constitutional

and statutory rights.

The Criminal Procedure aims to harmonize the government’s

function in maintaining peace and order and protecting the
constitutional and statutory rights of the people.
Distinguish Criminal Criminal law is a substantive law which defines crimes and
Procedure from provides for its punishment, whilst Criminal Procedure is a
Criminal Law. procedural law which lays down the processes by which one is
made to answer for the crime committed. Moreover, as to the
acts or powers vested by the constitution, the former is an
act of Congress and the latter is an act of the Judiciary
which is exercised by the Supreme Court.
What is the reason for Plea Bargaining is within the ambit of Criminal Procedures.
the Striking down the The inclusion of which in RA 9165, a substantive law, violates
“No Plea Bargaining” the separation of powers of Congress and Judiciary. The
in Section 23 of RA Congress’ act of including Plea Bargaining in RA 9165
9165? encroaches on the rule-making power of the Judiciary.
Adversarial In adversarial system, the court has a passive role and relies
/Accusatorial vs. largely on the evidence presented by both side, the
Inquisitorial System prosecution and the defense, to the action in order to reach a
verdict. Whilst in inquisitorial system, the court steers the
course of the proceedings by directing and supervising the
gathering of the evidence and the questioning of the
witnesses.
Define Jurisdiction. It is the authority to hear and try a particular offense and
impose the punishment for it, or that the offense is one which
the court is, by law, authorized to take cognizance of.
(Antiporda Jr. vs. Garchitorena, 321 SCRA 551,558)
What are the 1. Jurisdiction over the subject matter. This requisite is
requisites of a valid conferred by law providing the class of cases which the
exercise of criminal concerned may only take cognizance of and cannot
jurisdiction? Explain conferred on the court by the voluntary act or
each. agreement by the parties. It is measured by the law in
effect at the time of the commencement of the criminal
action rather than by the law in effect at the time of
the commission of the offense.
2. Jurisdiction over the person of the accused. This
jurisdiction is acquired upon the lawful arrest or
apprehension, voluntary appearance or voluntary
submission of the person of the accused to the
jurisdiction of the court.
3. Jurisdiction over the Territory. This means that a
criminal action should be filed in the place where the
crime was committed, except in those cases provided for
in Article 2 of the Revised Penal Code.
When may objections on As a general rule, questions of lack of jurisdiction may be
jurisdictional grounds raised at any stage of the proceedings or for the first time

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be raised? on appeal.

By way of exception, a person cannot invoke the jurisdiction

of the court to secure affirmative relief against his opponent
and after obtaining or failing to obtain such relief,
repudiates or questions that same jurisdiction.

Based on the doctrine of Equitable Estoppel, it is not right

for a party who has affirmed and invoked the jurisdiction of
court in a particular matter to secure an affirmative relief,
to afterwards deny the same jurisdiction.
Doctrine of Judicial This principle provides that “no court has the authority to
Stability interfere by injunction with the judgment of another court of
coordinate jurisdiction or to pass upon or scrutinize and much
less declare as unjust a judgment of another court.
(Industrial Enterprises Inc. vs. CA 184 SCRA 426)
Rule of Adherence to It is the principle which provides that once a court has
Jurisdiction acquired jurisdiction, that jurisdiction continues until the
court has done all that it can do in the exercise of that
jurisdiction.

Except when: (1) there is an express provision in the statute;

or (2) the statute is clearly intended to apply to actions
pending before its enactment.
What is the Concept of This principle provides that the rules in criminal procedures
“Contact with the cannot come into operation until (1) the criminal act is
law”? brought to the attention of law enforcement or the criminal
justice system, and (2) the offender is arrested validly,
either by virtue of duly issued warrant or a valid warrantless
arrest.
Custody of Law vs. Custody of law literally means custody over the body of the
Jurisdiction over the accused which signifies restraint on his will and liberty. On
person the other hand, Jurisdiction over the person of the accused is
one which is required for a court to acquire jurisdiction -
that is to try and hear and decide on the case. One can be
under the custody of law but not yet subject to the
jurisdiction of the court over his person, such as when the
accused was arrested without a warrant but before arraignment
he contested the validity of his arrest.
Does injunction lie in As a general rule, injunction will not be granted for the
the restraint of restraint of criminal prosecution since public interest
criminal prosecution? requires that criminal acts be immediately investigated and
What are the prosecuted for the protection of society.
exceptions?
Exceptions:
1. It is necessary to afford the proper administration of
justice;
2. It is necessary for the protection of the
constitutional right of the accused;
3. double jeopardy is apprant;
4. there is a prejudicial question subjudice;
5. the prosecution is under an invalid law;
6. the acts of the public officer is beyond or without
authority;
7. the court has no jurisdiction over the offense;
8. it is a case of persecution rather than prosecution;
9. the charges are manifestly false and motivated by lust
for vengeance;
10. there is no prima facie case against the accused;
Will mandamus lie to As a general rule, mandamus to compel the prosecution of an
compel prosecution? offense will not be granted because it is the discretionary
power of the public prosecutor whether a criminal case should

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be filed in court.

Exception: when the public prosecutor loses its discretionary

power as when he finds one to be so liable for the commission
of an offense, it is now become his inescapable duty to charge
and prosecute the same.
Criminal Jurisdiction MTC, MCTC and MetroTC: all cases which will not fall under the
of trial courts. jurisdiction of RTC and Sandiganbayan.

RTC: Those crimes which are punishable of imprisonment of at

least 6 years and 1 day, regardless of fine. When the penalty
is purely a fine, it shall be more than P4,000. And those
crimes which do not fall under the original jurisdiction of
the Sandiganbayan.

Sandiganbayan: It is set by PD 1606:

1. Violations of RA 3019 by public official with a salary
grade 27 or higher; or
2. Violation of other offenses or felonies by the public
official or employees in relation to their office.
Can the ombudsman Yes. Sec 15 of RA 6770.It must be stressed that the powers
prosecute cases within granted by the legislature to the ombudsman are very broad and
the jurisdiction of encompasses all kinds of malfeasance, misfeasance and
the regular courts? nonfeasance.
Who represents the Complaint or information in the trial courts are under the
people in the Supreme direct control, direction and supervision of the public
Court and Court of prosecutor.
Appeals?
When the actions are brought to the CA or SC, it is the Office
of the Solicitor General, and not the prosecutor, that
represents the people in the case.

RULE 110: INSTITUTION OF CRIMINAL ACTION

Question Answer
Where will you If the crime is committed in the Chartered City, file it in
institute an action? the Office of the Prosecutor.

If the crime is committed outside the chartered city or in the

provinces:
 If the penalty is at least 4y2m1d, file it in the
office of the prosecutor. It includes the office of the
ombudsman.
 If the penalty is below 4y2m1d, file it directly with
the MTC or with the Office of the Prosecutor.
How is the running of For ordinary offense in the RPC, filing in the OP is enough.
the prescriptive
period interrupted? For violation of ordinance, filing in court.

For special laws, filing in the court. However:

Panaguiton vs DOJ: It gave the historical perspective on the
application of act 3326 because through time and decade,
raised questions.

A case of BP 22 (a special law), the issue in this case is

whether or not the filing of the complaint in the OP tolled
the running of the prescription of the case?

Ruling of the Supreme Court: Yes. We rule and so hold that the
offense has not yet prescribed. Petitioner’s filing of his

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complaint affidavit before the OCP in 1995 signified the

commencement of the proceeding for the prosecution of the
accused, and thus effectively interrupted the prescriptive
period for the offense they have been charged under BP 22.

In the Case of Inco vs. Sandiganbayan: Violation of Anti-Graft

and Corrupt Practices Act (a special law).

Sanrio Company Limited vs Lim: Violation of the Intellectual

Property Code.

The Supreme Court Said, citing SEC vs Interport, the court

ruled that the purpose and nature of an investigation
conducted by the SEC on violation of revised securities act is
equivalent to preliminary investigation conducted by the DOJ
in criminal cases, and thus effectively interrupted the
prescriptive period.
What are the powers of 1. To conduct inquest proceedings if appointed or
the public prosecutor? authorized;
2. To conduct preliminary investigation;
3. Exercises control and supervision of the prosecution of
offense.
Who has control and The public prosecutor.
supervision of the
prosecution of the Chua vs. Padillo: The power of the public prosecutor to
criminal case? exercise discretionary powers not absolute. It is subject to
the appeal to the DOJ. The decision of the public prosecutor
can be questioned before the DOJ.
What is the mode of File a petition for review within 15 days from receipt of
appeal of the decision resolution or denial of a motion for reconsideration.
of the public
prosecutor to the DOJ? The CA may review the decision of DOJ on the premise that it
is tainted of grave abuse of discretion amounting to lack or
excess of jurisdiction.

DOJ’s decision is appealable to the Office of the President,

provided that the penalty is death, reclusion perpetua or life
imprisonment.
Can a private As a rule, no.
prosecutor proceed in
the trail of the case However, a certification may be obtained from the chief of
even in the absence of prosecutor office, regional state prosecutor or regional
the public prosecutor? prosecutor to allow the private prosecutor to proceed with the
trial of the case even in the absence of the public
prosecutor, subject to the approval of the court.
Is there an When a private prosecutor enters his appearance for the civil
Intervention in a liability of the accused, this is intervention in a criminal
criminal case? case.

It can be filed at any time before judgment is rendered by the

trial court. (Sec.2, Rule 19)
Who may institute a 1. Offended party;
criminal action? 2. Peace Officer, Police officer;
3. A person charged with the enforcement of the law as
long as the offense is a public offense.
Sufficiency of 1. Name of the accused.
Information 2. Approximate date of the commission of the offense,
unless it is a material element of the offense;
“What determines the 3. Acts or omission constituting the offense (facts,
real nature and cause elements of crime, aggravating and qualifying
of the accusations circumstances);
against the accused is 4. Designation of the offense by statute.

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the actual recital of 5. Approximate place of commission of offense, unless the

facts and place is the material element of the offense.
circumstances stated 6. Cause of Accusation – it should be in the language
in the information, understood by the accused.
and not the caption or 7. Name of the Offended Party.
preamble nor
specification of the
law alleged to have
been violated.”
Remedies for 1. Motion for bill of particulars;
insufficient 2. Motion to quash.
information.
Duplicity of Offenses: General Rule: One offense, one information.

Can we join offenses Except:

as there are in one 1. There is a single punishment for various offenses
information? (complex crime).
2. If by chance, there is only one information but
contains more than one offense (not a complex crime),
the court can render a valid judgment if there was no
objection on the part of the accused. Meaning, each of
the offense established and proven be taken against the
accused.

Amendment Before plea: Form and Substance is allowed

After plea: Allowed only as to matters of form for as long as
it will not prejudice the rights of the accused.

A substantial amendment consists of the recital of facts

constituting the offense and determinative of the jurisdiction
of the court.

Formal amendments:
1. There is new allegation affecting the range of penalty;
2. It does not charge another offense different from that
originally charged.
3. Additonal allegations which do not alter the
prosecution’s theory and will not surprise the accused.
4. Merely adds specification to eliminate vagueness
5. Does not affect any substantial right of the accused.
Test as to whether the Whether or not the defense in the original information is
defendant is still available after an amendment.
prejudiced by the
amendment?
Can the court order an In criminal cases, it is allowed when there is motion to quash
amendment without a the information on the ground that it is defective, the court,
motion? instead of dismissing the case, will order amendment.
Requirements for Exclusion, in a criminal case, means an accused is excluded as
motion to exclude charged in the information.
1. A motion is filed to the court;
2. It must be filed before plea;
3. It must be made with leave of court; and
4. With notice to the offended party.
Substitution of When the prosecution is convinced that it will not be able to
information convict or to cause the conviction of the accused, the
prosecution can cause the substitution of the information.
Explain “Venue is Venue is Jurisdictional – the place of commission is the place
jurisdictional” where the criminal action is instituted, unless it is a
transitory or continuing offense. In such case, the criminal
action is filed on the place where one of essential elements
of the crime is committed.
Exceptions:

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 BP 22 – place of issue or where the check bounced.

 Estafa – where elements have taken place.
 Moving vehicles – any of the places where the vehicles
passed through.
o Plane – destination, departure, passes through
o Vessels – points of entry.
 Article 2, RPC
 Human Security Act – Acts of Terrorism
 Acts directed against a particular ethnic group of the
Philippine.

The Ampatuan Case

 Obtain approval of the Supreme Court for the change in
the venue of trial.
 Venue of trial can be transferred to another place for
the protection of witnesses and for the orderly
administration of justice.
 What is transferred is the venue of the trial, not the
venue of filing the criminal action.
 You cannot transfer the institution of the case.

Institution of the criminal action cannot be compromised.

RULE 111 INSTITUTION OF CIVIL ACTION

Question Answer
The rules in General rule: Once a criminal action is instituted, the civil
institution of civil action is deemed instituted.
action.
Exception:
1. When it is Reserved. The reservation can be made before
the prosecution commences with the presentation of
evidence, and affording the offended party opportunity
the proper reservation.
2. When it is Waived;
3. When it is instituted ahead of the criminal case.
Is there a need to NOOOOOOOO!
reserve for the
institution of an
independent civil
action?
When can you file for 2 opportunities to file suspension of criminal action:
a suspension of 1. Before the prosecution can conduct the PI; or
criminal action on a 2. In court, before the prosecution rests its evidence.
ground of prejudicial
question? There is prejudicial question when a civil case was instituted
prior to the criminal case, and the issue in the civil case is
determinative of the guilt or innocence of the accused.

For a prejudicial question in a civil case to suspend a

criminal case, it must appear not only that said case involves
facts intimately related to those of criminal prosecution, but
also it must establish the guilt or innocence of the accused.
Is acquittal in a No. Acquittal will not bar a civil action in the following
criminal case means cases:
that he is not civilly 1. Acquittal is based on reasonable doubt;
liable? 2. When the court declared that the liability of the
accused is not criminal but only civil;
3. When the civil liability does not arise solely based
upon the criminal act of which the accused was
acquitted.

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RULE 112 PRELIMINARY INVESTIGATION

Question Answer
Definition of It is an inquiry or proceeding to determine whether there is
Preliminary sufficient ground to engender a well-founded belief that a
Investigation (PI) crime has been committed and the respondent is probably guilty
thereof, and should be held for trial.
Nature of PI 1. It is generally inquisitorial. Often the only mean of
discovering those who may be reasonably charged.
2. It is merely a statutory right. It is a statutory right
since the absence thereof does not render the
information defective.
3. It may be waived.
Purpose of PI Main purpose:
1. To secure the innocent against hasty, malicious and
oppressive prosecution.
2. To protect the state from having to conduct useless and
expensive trials.

Other purpose (Callo-Claridad v. Esteban)

1. To inquire concerning the commission of a crime and the
connection of the accused with it;
2. To preserve the evidence and keep the witnesses within
the control of the State;
3. To determine the amount of bail, if the offense is
bailable.
When required? It is required to be conducted before the filing of a
complaint or information for an offense where the penalty
prescribed by law is at least 4 years, 2 months and 1 day
without regard to the fine.
Who may conduct 1. Provincial or City Prosecutors and their assistant
Preliminary  In finding probable cause, the resolution of the
investigation? assistant prosecutor must be approved by the
Provincial or City Prosecutor.
2. National and Regional State Prosecutor
3. Other officers as may be authorized by law
Procedure for 1. The complaint:
conducting preliminary a. Shall include the address of the respondent and
investigation shall be accompanied:
i. Affidavits of the complainant and his
witnesses (must be subscribed and sworn to
before any PROSECUTOR OR GOVERNMENT
OFFICER AUTHORIZED TO ADMINISTER OATH, or
in their absence, before the NOTARY
PUBLIC).
ii. Supporting documents to establish probable
cause.
2. The investigating Officer:
a. Within 10 days from filing of the complaint, he
shall either dismiss it if there is no probable
cause, or issue a subpoena to the respondent.
b. If the respondent does not submit counter-
affidavit, he shall resolved the complaint based
on the evidence presented by complainant.
c. He may set hearing if there are facts and issues
to be clarified from a party or witness.
d. Within 10 days after the investigation, he shall
determine whether or not there is probable cause
3. The respondent:
a. Has the right to examine the evidence submitted
by the complainant.
b. Within 10 days from the receipt of subpoena and

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complaint and supporting documents and

affidavits, shall submit his COUNTER-AFFIDAVIT
and his witnesses and other supporting documents
relied upon for his defense. (must be subscribed
and sworn to before any PROSECUTOR OR GOVERNMENT
OFFICER AUTHORIZED TO ADMINISTER OATH, or in
their absence, before the NOTARY PUBLIC).
Resolution of the City/Provincial/Chief State
Investigating Officer Investigating Officer Prosecutor or Ombudsman or his
and its Review. deputy
1. If there is 1. Shall review the
probable cause, he resolution within 10
shall prepare the days from their receipt
RESOLUTION and thereof and shall
INFORMATION. immediately inform the
2. If there is no party thereof.
probable cause, he 2. If dismissal is the
must recommend the recommendation, and upon
dismissal of the review of the records
complaint. there is probable cause;
3. Within 5 days from  He by himself file
his resolution, the information
shall forward the against the
record of the case respondent; or
to the  Direct any other
Provincial/City/Chi assistant
ef State Prosecutor prosecutor
or the Ombudsman or
 Without another
his deputy.
preliminary
investigation
Executive and Judicial The executive determination of probable cause lies in the
Determination of office of the prosecutor. It is a function that properly
probable cause. pertains to the public prosecutor who is given a broad
discretion to determine whether probable cause.

Once an information and complaint is filed before the court,

the court determines also whether there exists a probable
cause for the purpose of issuance of warrant of arrest. This
is Judicial determination of probable cause.
Duty of inquest The duty of an inquest prosecutor will decide on whether to
prosecutor detain a person or release him for further preliminary
investigation.
What are the cases 1. When there is a warrantless arrest; and
subject of inquest 2. The crime allegedly committed requires PI, meaning the
proceeding? penalty is at least 4y2m1d.

RULE 113 WARRANTLESS ARREST

Question Answer
What are the instances 1. In flagrante delicto, It means that a person was caught
where a warrantless while committing, attempting to commit, or has just
arrest is valid? committed in the presence of the person making the
arrest.
2. The crime has just been committed, and the arresting
officer has probable cause to believe based on personal
knowledge of facts or circumstances that the person to
be arrested has committed it;
3. Escapees.
Definition of arrest It is the taking of a person into custody in order that he may
be bound to answer for the commission of an offense.
Can a person be Rule 114. Arrest of accused out on bail.

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arrested outside of
section 5 of Rule 113?
Can a private citizen Yes; and he must state:
to make an arrest? 1. state his intention; and
2. cause of the arrest.
Effective life of 1. Effective until served; or
warrant of arrest 2. Set aside by the court.
The requisites of a (1) The person to be arrested must execute an overt act
valid warrantless indicating that he is actually committing, attempting
arrest for subsection to commit or has just committed; and
a section 5 of Rule (2) Such overt act was done or committed in the presence or
113. within the view of the person making the arrest.

RULE 127: PROVISIONAL REMEDIES IN CRIMINAL CASES

Question Answer
When are provisional The provisional remedies in civil action may be availed of in
remedies available? connection with the civil action deemed instituted with the
criminal action.
When is attachment may Attachment may be availed of when the civil case was deemed
be availed of in instituted with the criminal action in the following cases:
criminal case? 1. When the accused is about to abscond from the
Philippines;
2. When the criminal action is based on a claim for money
or property embezzled or fraudulently misapplied or
converted to the use of the accused; or
3. When the accused has concealed, removed, or disposed of
his property, or is about to do so; or
4. When the accused resides in outside the Philippines.

BAR EXAM QUESTIONS

Questions Answer
Question: The city prosecutor of Manila No, the accused must file a motion to
filed, upon Soledad’s complaint, a suspend the action based on prejudicial
criminal action for estafa against her question.
sister, Wella, before the RTC of Manila
for selling to Victor a land that she
previously sold to Soledad. At the same
time Soledad filed a civil action to annul
the second sale before the RTC of Quezon
City. May the Manila RTC motu proprio
suspend the criminal action on ground of
prejudicial question? (2011 Bar Exam)
The city prosecutor charged Ben with Yes, since supervening event altered the
serious physical injuries for stabbing kind of crime the accused committed.
Terence. He was tried and convicted as
charged. A few days later, Terence died
due to severe infection of his stab
wounds. Can the prosecution file another
information against Ben for homicide?
Upon review, the Secretary of Justice No, since the court has the power after
ordered the public prosecutor to file a the case is filed to itself determine
motion to withdraw the information for probable cause.
estafa against Sagun for lack of probable
cause. The public prosecutor complied. Is
the trial court bound to grant the
withdrawal?
The information charges PNP Chief Luis Regional Trial Court only
Santos, (Salary Grade 28), with "taking
advantage of his public position as PNP

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Head by feloniously shooting JOSE ONA,

inflicting on the latter mortal wounds
which caused his death." Based solely on
this allegation, which court has
jurisdiction over the case?
When may an information be filed in court Following an inquest, in cases of those
without the preliminary investigation lawfully arrested without a warrant
required in the particular case being
first conducted?
A was charged before the Sandiganbayan (A) If I were the Sandiganbayan, I would
with a crime of plunder, a non-bailable deny the Motion to Quash Arrest Warrant
offense, where the court had already and to Fix Bail.
issued a warrant for his arrest. Without A The motion to quash warrant of
being arrested, his lawyer filed a Motion arrest may be considered since only
to Quash Arrest Warrant and to Fix Bail, jurisdiction over the person not custody
arguing that the allegations in the of the law is required. Jurisdiction over
information did not charge the crime of the person of A was obtained by his
plunder but a crime of malversation, a voluntary appearance made through the
bailable offense. The court denied the filing of the motion seeking affirmative
motion on the ground that it had not yet relief. (See Miranda v. Tuliao, 31 March
acquired jurisdiction over the person of 2006).
the accused and that the accused should be Nonetheless I would still deny
under the custody of the court since the the motion to quash arrest warrant. The
crime charged was nonbailable. ground that the offense charged is
malversation not plunder is not a valid
The accused’s lawyer counter-argued that ground to quash the arrest warrant. A
the court can rule on the motion even if should simply file an application for bail
the accused was at-large because it had and contend that he is entitled thereto as
jurisdiction over the subject matter of a matter of right.
the case. According to said lawyer, there The motion to fix amount of
was no need for the accused to be under bail, which is in effect an application
the custody of the court because what was for bail cannot be granted unless the
filed was a Motion to Quash Arrest and to accused is in custody of the law. (Miranda
Fix Bail, not a Petition for Bail. v. Tuliao, 31 March 2006). Here A was not
in custody of the law but still at large.
(A) If you are the Sandiganbayan, how will Hence the motion to fix the amount of bail
you rule on the motion? (3%) should be denied.

(B) If the Sandiganbayan denies the (B)If the Sandiganbayan denies the motion,
motion, what judicial remedy should the the judicial remedy that the accused
accused undertake? (2%) should undertake is to file a petition for
certiorari under Rule 65 with the Supreme
Court. Certiorari is available to
challenge interlocutory orders rendered
with grave abuse of discretion since
appeal is unavailable.
Here the order denying the
Motion to Quash Arrest Warrant and to Fix
Bail is interlocutory since it does not
completely dispose of the case. Hence
certiorari is available. A should aver
that the Sandiganbayan acted with grave
abuse of discretion amounting to lack of
or excess of jurisdiction in denying his
motion.
Solomon and Faith got married in 2005. In Motion to suspend proceedings denied.
2010, Solomon contracted a second marriage
with Hope. When Faith found out about the Under the Rules of Criminal Procedure, a
second marriage of Solomon and Hope, she prejudicial question arises if there has
filed a criminal case for bigamy before been a previously filed civil action.
the Regional Trial Court (RTC) of Manila Here the civil action was filed after the
sometime in 2011. criminal action. Hence no prejudicial
question will arise.

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Meanwhile, Solomon filed a petition for

declaration of nullity of his first Moreover the Supreme Court has held that a
marriage with Faith in 2012, while the pending case for declaration of nullity of
case for bigamy before the RTC of Manila marriage does not raise a prejudicial
is ongoing. Subsequently, Solomon filed a question to a charge of bigamy since a
motion to suspend the proceedings in the person who contracts a second marriage
bigamy case on the ground of prejudicial without first awaiting a judicial
question. He asserts that the proceedings declaration of nullity of his first
in the criminal case should be suspended marriage has already committed bigamy.
because if his first marriage with Faith (People v. Odtuhan, 17 July 2013, Peralta,
will be declared null and void, it will J.).
have the effect of exculpating him from
the crime of bigamy. Decide. (4%)

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