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PRELIMINARY MATTERS CRIMINAL PROCEDURE It is the method prescribed by law for the apprehension and prosecution of persons accused of any criminal offense and for their punishment, in case of conviction (Remedial Law IV, Herrera). It is concerned with the procedural steps through which a criminal case passes, commencing with the initial investigation of a crime and concluding with the release of the offender. CRIMINAL JURISDICTION It is the authority to hear and try a particular offense and impose the punishment for it (People v. Marinao, 71 SCRA 600, 604). REQUISITES FOR VALID EXERCISE OF CRIMINAL JURISDICTION: 1. Jurisdiction over the subject matter – is the power to hear and determine cases of the general class to which the proceedings in question belong (Reyes v. Diaz, 73 Phil 484); by virtue of the imposable penalty or its nature, is one which the court is by law authorized to take cognizance of; conferred by law. 2. Jurisdiction over the territory where the offense was committed – the offense must have been committed within the territorial jurisdiction of the court; jurisdiction over the territory; cannot be waived 3. Jurisdiction over the person of the accused QuickTime™ and a – the person charged with the offense must TIFF (Uncompressed) decompressor are needed to see this picture. have been brought to its presence for trial, forcibly by warrant of arrest or upon his voluntary submission to the court. The question of jurisdiction may be raised at any stage of the proceedings. The exception to this rule is when there is estoppel and laches on the party who raised the question of jurisdiction.
JURISDICTION OVER THE SUBJECT MATTER Conferred by law. It cannot be acquired by the consent of the accused. Objection that the court has no jurisdiction over the subject matter may be made at any stage of the proceeding and the right to make such objection is never waived.
JURISDICTION OVER THE PERSON OF THE ACCUSED May be acquired by consent of the accused or by waiver of objections. If the accused fails to make his objection in time, he will be deemed to have waived it.
JURISDICTION What determines jurisdiction Jurisdiction is determined by the extent of the penalty which the law imposes, on the basis of the facts as recited in the complaint or information constitutive of the offense charged Jurisdiction is not determined by: • what may be meted out to the offender after trial • the result of the evidence that would be presented during the trial Jurisdiction is retained regardless of: • whether the evidence proves a lesser offense than that charged in the information, • the subsequent happening of events, although of a character which would have prevented jurisdiction from attaching in the first instance. GENERAL RULE: Jurisdiction of a court to try criminal action is to be determined by the law at the time of the institution of the action. EXCEPTION: Where the statute expressly provides, or is construed that it is intended to operate to actions pending before its enactment, in which case, the court where the criminal action is pending is ousted of jurisdiction and the pending action will have to be transferred to the other tribunal which will continue the proceeding.
—Advisers: Atty. Tranquil Salvador III; Head: Mary Elizabeth M. Belmonte, Renee Lynn C. Miciano, Ma. Cecillia G. Natividad; Understudies: Neliza Macapayag, Benjamin C. Yan—
Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007
Offenses or felonies, whether simple or complexed with other crimes committed by the public officials and their employees mentioned in Subsection (a) of this section in relation to their office. If the last element, namely, “in relation to his office” is absent or is not alleged in the information, the crime committed falls within the exclusive original jurisdiction of ordinary courts and not the SB. The offense is committed in relation to the office if the offense is intimately connected with the office of the offender and perpetuated while he was in the performance of his official functions, or when the crime cannot exist without the office, or the office is a constituent element of the crime as defined in the statute. Election Offenses Fall outside the jurisdiction of SB even if they are committed by public officers classified as Grade 27 and higher and in relation to their offices. It is the RTC that has jurisdiction as provided for in the Omnibus Election Code. Court Martial Cases Offenses committed by members of the Armed Forces and other persons subject to military law are cognizable by court martial if such offenses are “service connected” as expressly enumerated in RA 7055. If the particular offense is not one of those enumerated in the law, the case falls under either the regular courts or the SB, as the case may be. Jurisdiction of Family Courts Republic Act No. 8369 establishing the Family Court granting them exclusive original jurisdiction over child and family cases, namely: Criminal cases where one or more of the accused is below 18 years of age but not less than 9 years of age or where one or more of the victim is a minor at the time of the commission of the offense, provided that if the minor is found guilty, the court shall promulgate sentence and ascertain any civil liability which the accused may have incurred. The sentence shall be suspended without need of an application pursuant to the “Child and Youth Welfare Code or P.D. 603). Jurisdiction over Complex Crimes Jurisdiction is lodged with the trial court having jurisdiction to impose the maximum and most serious penalty imposable of an offense forming part of the complex crime.
ONCE VESTED, JURISDICTION CANNOT BE WITHDRAWN BY: 1. Subsequent valid amendment of the Information; or 2. Subsequent statutory amendment of the rules of jurisdiction, unless the amendatory law provides otherwise. Venue is jurisdictional Thus: Action must be instituted and tried in the municipality or territory where the offense has been committed or where any one of the essential ingredients thereof took place. GENERAL RULE: The question of jurisdiction may be raised at any stage of the proceedings. EXCEPTION: It may not be raised for the first time on appeal, where there has been estoppel and laches on the party who raises the question. Criminal jurisdiction of MTCs GENERAL RULE: MTC has jurisdiction over all offenses, the maximum penalty of which as provided by law does not exceed 6 years (prision correccional). EXCEPTION: In cases where the only penalty provided by law is a fine, the amount whereof shall determine the jurisdiction of the court: • MetroTC, MTC, and MCTC: if fine is not more than 4000 pesos. • RTC: if fine exceeds 4000 pesos, including offenses committed by public officers and employees in relation to their office, where the amount of the fine does not exceed 6000 pesos. (SC Court Circular No. 09-94). Accessory penalties and civil liabilities: no longer determinative of jurisdiction.
QuickTime™ and a TIFF (Uncompressed) decompressor No jurisdiction: overto see those cases which by are needed this picture. provision of special law are made triable by the RTC or the Sandiganbayan even if the maximum penalty prescribed by such special law is less than 6 years. Included in such exceptions are election offenses, libel or written defamation, and violation of Sec. 39 of the Dangerous Drugs Act of 1972 (RA 6425).
Criminal Jurisdiction of the Sandiganbayan
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Effect of institution of the Criminal Action: The institution of the criminal action interrupts the running of the period of prescription of the offense charged UNLESS: otherwise provided in special laws. Act No. 3323 governs the prescriptive periods of violations of special laws, or offenses other than those penalized under the Revised Penal Code. NOTE: With respect to offenses penalized by special laws, the filing of the complaint or information in court is the one that interrupts the prescriptive period and not the filing of the complaint in the proper office for purposes of conducting a preliminary investigation (Zaldivar v. Reyes, 211 SCRA 277). The filing of a complaint for purposes of preliminary investigation starts the prosecution process. REQUISITES OF A COMPLAINT OR INFORMATION 1. in writing 2. in the name of the People of the Philippines 3. Against all persons who appear to be responsible for the offense involved. Who is the real offended party? The People of the Philippines, but since the crime is also an outrage against the offended party, he is entitled to intervene in its prosecution in cases where the civil action is impliedly instituted therein. Section 2. The complaint or information FORM: 1. In writing; 2. In the name of the People of the Philippines; and 3. Against all persons who appear to be responsible for the offense involved. Section 3. Complaint defined COMPLAINT It is a sworn written statement charging a person with an offense, subscribed by the offended party, any peace officer, or other public officer charged with the enforcement of the law violated. The complaint as defined under Section 3 is different from the complaint filed with the Prosecutor’s Office. It refers to the one filed in court for the
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Jurisdiction over Crimes Punishable by Destierro Where the imposable penalty is destierro, the case falls within the exclusive jurisdiction of the Municipal Trial Court, considering that in the hierarchy of penalties under Article 71 of the Revised Penal Code, destierro follows arresto mayor which involves imprisonment (People v. Eduarte, 182 SCRA). Principle of Adherence of Jurisdiction Once jurisdiction is vested in the court, it is retained up to the end of litigation (Dela Cruz v. Moya, 160 SCRA 838).
RULE 110 PROSECUTION OF OFFENSES CRIMINAL ACTION It is an action by which the State prosecutes a person for an act or omission punishable by law. Section 1. Institution of Criminal Actions For offenses which require preliminary investigation: By filing the complaint with the proper officer for preliminary investigation. • Refers to a complaint-affidavit, and is different from the complaint defined in Section 3 of Rule 110. • Preliminary investigation is required for offenses where the penalty prescribed by law is at least 4 years, 2 months and 1 day of imprisonment without regard to the fine (Rule 112, Sec. 1, Par. 2). For all other offenses, or for offenses which are penalized by law with lower than at least 4 years, 2 months and 1 day without regard to the fine: Instituted directly with the MTC and MCTC, or the complaint is filed with the Office of the Prosecutor. In Manila and other chartered cities, the complaint QuickTime™ and a (Uncompressed) decompressor shall be filed withTIFF the Office of Prosecutor unless are needed to see thisthe picture. otherwise provided in their charters. NOTE: A complaint for offenses cognizable by the RTC is NOT filed directly with the RTC either for purposes of preliminary investigation or for commencement of the criminal prosecution. DOES NOT APPLY: To offenses subject to summary procedure which are
and 2. except when the offense cannot be prosecuted de officio as in private crimes. Duly appointed special prosecutors. 2. Filed either in the MTC or Filed in court. It must be in writing and under oath. from which the latter may initiate a preliminary investigation. It must be in writing. Who Must Prosecute Criminal Actions Full Discretion and Control of the Prosecutor All criminal actions commenced by complaint of information shall be prosecuted under the direction and control of the prosecutor. City or provincial prosecutor and their assistants 2. 4. § 13. seduction. 2. only by the prosecutor. In case of variance between the complaint filed by the offended party and the information in crimes against chastity. filed by an offended party or not 3. In certain crimes against chastity (concubinage. It does not peace officer or other have to be subscribed by officer charged with the the offended party or any enforcement of the law peace officer or other violated. It must be in the name of the People of the Philippines. Section 5. The COMPLAINT FILED WITH THE PROSECUTOR’S OFFICE. failure to make a timely objection to such a defect is deemed to be a waiver of the said objection. acts of lasciviousness) . PERSONS AUTHORIZED TO FILE INFORMATION 1. peace officer charged with the enforcement of the law. A. subscribed by the prosecutor and filed with the court. 3. by any peace officer or public officer charged with the enforcement of the law violated. Section 4. It must be filed in court. EXCEPT: 1. not necessarily under oath. PERSONS WHO CAN FILE A COMPLAINT: 1. 3. and 4. No. the criminal action may only be commenced by the filing of information. REQUISITES OF A COMPLAINT: 1. and . adultery. 62 Phil 271).Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 commencement of a criminal prosecution for violation of a crime usually cognizable by municipal trial courts as well as to a complaint filed by an offended party in private crimes or those which cannot be prosecuted de officio. abduction. 2. except in 2 instances: • complaint for commission of an offense which cannot be prosecuted de officio or is private in nature • where the law requires that it is to be started by a complaint sworn to by the offended party. 137281 (2001) A defectively crafted information. Offended party. refers to: 1. any written complaint 2. AN Information and Complaint distinguished COMPLAINT INFORMATION Subscribed by the Subscribed by the offended party. It must charge a person with an offense. However. with the provincial/city prosecutor’s office NOTE: PROSECUTION IN THE RTC IS ALWAYS COMMENCED BY INFORMATION. Defamations imputing any of the aforesaid offenses wherein a sworn written complaint is required in accordance with Section 5 of this Rule. any prosecutor. the same can no longer be withdrawn or dismissed without the tribunal’s Page 173 of 289 the INFORMATION It is an accusation in writing charging a person with an offense. the complaint controls (People v. 3. People v. Under the Rule on Summary Procedure: A complaint may be directly filed in the MTC. It must be subscribed by the offended party. or when it pertains to those which need to be enforced by specified public officers. REQUISITES OF AN INFORMATION: 1. provided that in Metro Manila and in chartered cities.R. which means. But once the case is already filed in court. It must be subscribed by the prosecutor. It must charge a person with an offense. Other public officer charged with enforcement of the law violated. Santiago G. Information QuickTime™ defined and a TIFF (Uncompressed) decompressor are needed to see this picture. Any peace officer. Oso. The institution of a criminal action depends upon the sound discretion of the prosecutor. such as that alleging multiple offenses in a single complaint or information transgresses Rule 110.
by the courts when he acts with grave abuse of discretion amounting to lack of jurisdiction. Thus. Prior to the filing of the information in court. where the court has no jurisdiction over the offense 8.” When it is said that the requirement of Art. where the prosecutor has turned over the active conduct of the trial to the private prosecutor who presented testimonial evidence even when the public prosecutor was absent during the trial. TIFF (Uncompressed) decompressor SUBJECT TO DECISION OF THE PROSECUTOR are needed to see this picture. where it is a case of persecution rather than prosecution 9. Mogul). Public Prosecutor must be present during the proceedings and must take over the conduct of the trial from the private prosecutor at any time the cause of the prosecution may be adversely affected.preliminary injunction has been issued by the Supreme Court to prevent the threatened unlawful arrest of petitioners. when there is a prejudicial question which is sub judice 4. G. Gen. through its special prosecutor. 344 of the RPC is but a condition precedent to the exercise by the proper authorities of the power to prosecute the guilty parties. the Sol. EXCEPTION: provided for in RA 8249 which states in part that “in all cases elevated to the Sandiganbayan and from the SB to the SC. 2. GENERAL RULE: In appeals. the Office of the Ombudsman.Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 approval. 1. Should the prosecutor find it proper to conduct a reinvestigation of the case at such stage. May a criminal prosecution be restrained by injunction? GENERAL RULE: No REASON: Public interest requires that criminal acts be immediately investigated and prosecuted for the protection of society.when there is clearly no prima facie case against the accused and the motion to quash on that ground has been denied 11. R. and not to municipal courts which have no trial prosecutors. ordinance or regulation 6. REVIEW BY: • the Secretary of Justice who exercises supervision and control over his actions and who may sustain. where injunction is justified by the necessity to afford protection to the constitutional rights of the accused 2. Yparraguire. No. the prosecutor has full control of the case. The complaint simply starts the Page 174 of 289 . where the civil action arising from the crime is deemed instituted in the criminal action. the permission of the Court must be secured (Crespo v. However: this rule applies only to courts which are provided by law with prosecutors. 344 of RPC is jurisdictional. has control. where the prosecution is under an invalid law. when double jeopardy is clearly apparent 7. He decides who should be charged in court and who should be excluded from the information. 124391 (2000) Even when a complaint is defective for being signed and filed by the chief of police and not by the complainant. the evidence presented could not be considered valid evidence of the People. what is meant is that it is the complaint that starts the prosecutory proceeding. EXCEPTIONS WHERE CRIMINAL PROSECUTION MAY BE RESTRAINED BY INJUNCTION 1. where the charges are manifestly false and motivated by the lust for vengeance 10. It is not the complaint which confers jurisdiction on the court to try the case. 14 and 14-A. when the acts of the officer are without or in excess of authority 5. in which case the evidence presented by the private prosecutor can be considered as evidence for the People. He may abandon or discontinue the prosecution of the case in the exercise of his sound discretion and may even recommend the acquittal of an accused when he believes that the evidence does not warrant his conviction. modify or set aside his resolution on the matter • in appropriate cases. issued in 1986. except in cases filed pursuant to EO Nos. People v. the court may still acquire jurisdiction over the case. QuickTime™ and a Private Prosecutor Participation: May a public prosecutor allow a private prosecutor to actively handle the conduct of the trial? Yes. The complaint required in Art. when necessary for the orderly administration of justice or to avoid oppression or multiplicity of actions 3. shall represent the People of the Philippines.
Both guilty parties must be included in the complaint. QuickTime™ and a (Uncompressed) decompressor b. judicial guardians in that successive order. Where the marriage was invalid or contracted in bad faith in order to escape criminal liability. 4. cannot extend a valid pardon in said crimes without the conformity of the offended party. accomplices and accessories. Art. capacity and legal representation at the time of filing of the complaint regardless of age. Seduction. Abduction and Acts of Lasciviousness – prosecuted exclusively and successively by the following persons in this order: a. 344 is not determinative of the jurisdiction of courts over private offenses because the same is governed by the Judiciary Law and not the RPC. By the TIFF parents. Concubinage and adultery – only by the offended spouse who should have the status. Except: a. Once the complaint is filed. c. 3. Take up the matter with the Secretary of Justice in accordance with the Administrative Code. The pardon refers to pardon BEFORE filing of the criminal complaint in court. PROSECUTION OF PRIVATE CRIMES Who may prosecute? 1. adultery. File criminal action against the prosecutor with the corresponding civil action for damages. only she can extend a valid pardon. By the offended woman. 2. grandparents or guardian of the offended minor. seduction. Who can give pardon? 1. or legal/ are needed to seegrandparents this picture. By the State pursuant to the doctrine of parens patriae. abduction. can validly extend the pardon or consent contemplated therein. in that order. together with that of the co-principals. abduction and acts of lasciviousness a. in case of grave abuse of discretion 2. CONSENT Refers to future acts In order to absolve the accused from liability. if with sufficient discretion can validly pardon the accused by herself if she has no parents or where the accused is her own father and her mother is dead b. grandparents or guardians. the parents. File an action for mandamus. A defamation imputing to a person any of the foregoing crimes of concubinage. REMEDIES OF THE OFFENDED PARTY IF THE PROSECUTOR REFUSES TO FILE AN INFORMATION: 1. if the offended woman is of age and not otherwise incapacitated. rape or acts of lasciviousness can be prosecuted only by the party or parties defamed (Article 360. The SUBSEQUENT MARRIAGE between the party and the accused extinguishes the criminal liability of the latter. c. 2. Concubinage and adultery – only the offended spouse not otherwise incapacitated. she alone can file the complaint to the exclusion of all. Institute administrative charges against erring prosecutor. it is sufficient even if granted only to the offending spouse. Pardon and Consent PARDON Refers to past acts of adultery. the court having jurisdiction over the offense. The offended party did not consent to the offense nor pardoned the offenders. The participation of the offended party in private crimes is essential not for the maintenance of the criminal action but solely for the initiation thereof. and 5. does death of the complainant in a crime of adultery extinguish the criminal liability of the accused? No. even if the latter is a minor. Page 175 of 289 . the offended minor. last paragraph. when the offended party dies or becomes incapacitated before she could file the complaint and she has no known parents. NOTE: If the offended party is of legal age and does not suffer from physical or mental disability. In order to absolve the accused from liability must be extended to both offenders. Revised Penal Code). 3. Any pardon given by the complainant or her death after the filing of the complaint would not deprive the court of the jurisdiction to try the case.Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 prosecutory proceeding but does not confer jurisdiction in the court to try the case. Seduction. Lodge a new complaint before. if the offended party is a minor or of age but suffers from physical or mental disability. Pardon effected after the filing of the complaint in court does not prohibit the continuance of the prosecution of the offense EXCEPT in case of marriage between the offender and the offended party.
the designation of the offense by a statute 3. Topiño.Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 b. the name of the offended party 5. abduction. No. NOTE: The acquittal or death of one of the accused in the crime of adultery does not bar the prosecution of the other accused (People v. If there is no designation of the offense. While one or more persons. may be sued as “John Does. insofar as the other accused in the other acts of rape respectively committed by them are concerned. People v. his death will not prevent the proceeding from continuing to its ultimate conclusion.R. Hagonoy Rural Bank. In “private libel” or the libelous imputation of the commission of the crimes of concubinage. along with specified and named accused. it should not be generally averred. Dela Cruz. even without the imprimatur of the State. Designation of the offense THE INFORMATION OR COMPLAINT MUST STATE OR DESIGNATE THE FOLLOWING WHENEVER POSSIBLE: 1. 35 Phil 901). adultery. The designation of the offense given by the statute. 2. Section 6. Sufficiency of complaint or information A COMPLAINT IS SUFFICIENT IF IT STATES: 1. the name of the accused 2. seduction. the place where the offense was committed. Section 8. BUT if the offended spouse died after the filing of the corresponding complaint. In so doing. Padica. 2. the acts or omission complained of as constituting the offense 4. eyewitnesses in the information does not preclude the prosecutor from presenting them during trial. and 137967 (2001) QuickTime™ a TIFF (Uncompressed) decompressor The non-inclusion of to some of the names of the are needed see this picture. The specific qualifying and aggravating circumstances must be stated in ordinary and concise language. If name cannot be ascertained: a fictitious name with a statement that his true name is unknown. The information must specify: Page 176 of 289 . The action may be prosecuted in the name of the said complainant (Perez v. rape or acts of lasciviousness and in slander by deed. The statement of the acts or omissions constituting the offense. An offended party in a criminal case has sufficient personality to file a special civil action for certiorari. Name of the accused NAME OF THE ACCUSED 1. Perreras. If name is known: the name and surname of the accused or any appellation or nickname by which he has been or is known. 327 SCRA 588). NOTE: An error in the name of the accused is not reversible as long as his identity is sufficiently established. concise and particular words. and an arrest warrant against them is also void. • If true name thereafter disclosed: such true name shall be inserted in the complaint or information and record. the approximate time of the commission of the offense 6. Effect of Desistance of Complainant It does not bar the People from prosecuting the criminal action. c. The qualifying and aggravating circumstances cannot be appreciated even if proved unless alleged in the information (People v. 362 SCRA 202). the death of the offended spouse before the filing of the complaint for adultery bars further prosecution. In case of allegation of aggravating circumstance of HABITUAL DELINQUENCY. BUT: it does operate as a waiver of the right to pursue civil indemnity. In multiple rape. This defect is curable at any stage of the proceedings as insertion of the real name of the accused is merely a matter of form (People v. NOTE: Substantial defect in the information cannot be cured by evidence that would jeopardize the accused’s right to be informed of the true nature of the offense he is charged with. PURPOSE: to safeguard the constitutional right of an accused to be informed of the nature and cause of the accusation against him so that he can duly prepare his defense. However. reference shall be made to the section of the statute punishing it. the complainant should not bring the action in the name of the People of the Philippines. in proper cases.” an information against all accused described as “John Does” is void. 3. 3. in ordinary. 221 SCRA 362). Section 7. G. Inc.
Samillano. 2.Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 a. how the law denominates the crime. • but prescribes certain limitations or exceptions from its violation the information is sufficient if it alleges facts which the offender did as constituting a violation of law. 2. Chan Toco. Panlilio. 73 Phil 512). Where the law alleged to have been violated: • prohibits generally acts therein defined • is intended to apply to all persons indiscriminately. Place of commission of the offense GENERAL RULE: A complaint or information is sufficient if it appears from the allegation that the offense was committed or some of its essential ingredients occurred at some place. 265 SCRA 701). the accused cannot be convicted of the offense charged. An accused could not be convicted under one act when he is charged with a violation of another if the change from one statue to the other involves: a. did he commit a crime given in the law some technical and specific name. nor justify his conviction of the offense charged. Section 10. QuickTime™ and a IMPORTANT: The new rule requires that the qualifying and aggravating circumstances be alleged in the information.S. v. the commission of the crimes. Cause of the accusation are needed to see this picture. To enable the court to pronounce a proper judgment. the concurrence of the minority of the victim and her relationship with the offender is a special qualifying circumstance which should be both alleged (People v. DESIGNATION OF THE OFFENSE 1. Even the accused’s entering a plea of guilty to such defective information will not cure the defect. (U. Page 177 of 289 If one or more elements of the offense have not been alleged in the information. Karelsen). Cantos. b. PURPOSE: 1. If he did.S. ( U. RULE ON NEGATIVE AVERMENTS: 1. Magdowa. requires of the defendant a different defense. either as a matter of procedure or of substantive right. 56 SCRA 573). surprise the accused in any way. as the exception is a matter of defense which the accused has to prove. Where the law alleged to have been violated… • applies only to specific classes of persons and special conditions • the exemptions from its violation are so incorporated in the language defining the crime that the ingredients of the offense cannot be accurately and clearly set forth if the exemption is omitted. The accused may be convicted of a crime more serious than that named in the title or preliminary part if such crime is covered by the facts alleged in the body of the information and its commission is established by evidence (Buhat v. In rape cases. 305 SCRA 786) and proved (People v. 3. b. It is not the designation of the offense in the complaint or information that is controlling (People v. . but did he perform the acts alleged in the body of the information. As a protection against further prosecution for the same cause. without explicitly negating the exception. the facts alleged therein and not its title determine the nature of the crime (People v. within the territorial jurisdiction of the court. NOTE: When an exception or negative allegation is not an ingredient of the offense and is a matter of defense. the defendant can be convicted of the offense proven. a change in the theory of the trial. the other previous conviction or release of the accused. v. c.S. Manggasin) with certainty in order to warrant the imposition of the [maximum] penalty. 2. To furnish the accused with such a description of the charge as to enable him to make a defense. v. 12 Phil 262). the last conviction or release. 28 Phil 603). the information must show that the accused does not fall within the exemptions. The real question is not. or c. the latter prevails over the former. TIFF (Uncompressed) decompressor Section 9. COMPLEX CRIMES Where what is alleged in the information is a complex crime and the evidence fails to support the charge as to one of the component offenses. In case of a conflict between the designation of the crime and the recital of facts constituting the offense. even if the missing elements have been proved during the trial. it is of no consequence to him. Court of Appeals. it need not be alleged (U.
Section 11.. Duplicity of the Offense The information is defective when it charges two or more DISTINCT or DIFFERENT offenses. To constitute larceny. Baniguid. except when the law prescribes a single punishment for various offenses. the special qualifying circumstances of the victim’s minority and QuickTime™ and a must be alleged her relationship with the offender TIFF (Uncompressed) decompressor are needed to see this picture. Besides. The various ways of committing the offense should be considered Page 178 of 289 . and proved.R. 137106-07 (2001) The remedy against an indictment that fails to allege the time of commission of the offense with sufficient definiteness is a motion for bill of particulars (Rule 116 § 10). trespass to dwelling. 166 SCRA 693). People v. GR No. the property obtained must be that of another person. and indictment for such offense must name the owner and a variance in this respect between the indictment and the proof will be fatal. G. People. the attendance of facts that would mandate the imposition of the single indivisible penalty of death are in the nature of qualifying circumstances which should be alleged in the information and proved at the trial. Date of commission of the offense What is the determinative factor in the resolution of the question involving a variance between the allegation and proof in respect of the date of the crime? The element of surprise on the part of the accused and his inability to defend himself properly People v. robbery. if the name of the offended party is unknown. the exact date of the commission of the crime is not an essential element of the crime. The information must state the exact age of the victim at the time of the commission of the crime. obtaining money by false pretenses. two or more modes specified therein. 124639 (2001) Under the amendatory provisions of RA 7659 § 11.R. embezzlement. 137714 (2000) Death penalty is imposed for the crime of rape if the “victim is under 18 years of age and the offender is a parent of the victim. A complaint or information must charge only one offense. to move for the quashal of the information which charges 2 or more offenses. now specifically require that both qualifying and aggravating circumstances to be alleged in the information. the indictment in the information is sufficient if the offense is alleged to have been committed in one. 1. Section 13. the place of commission must be alleged with particularity e. Section 12. Where the law with respect to an offense may be committed in any of the different modes provided by law. Elpedes. De Villa.Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 EXCEPTION: When the place of commission is an essential element of the offense. UNLESS: the particular place of commission is an essential element of the offense charged. he thereby waives the objection and may be found guilty of as many offenses as those charged and proved during the trial. WAIVER When the accused fails. The State should not heap upon the defendant two or more charges which might confuse him in his defense. robbery in an inhabited house. Name of the offended party The rules require the complaint or information to state the name and surname of the persons against whom or against whose property the offense was committed or any appellation or nickname by which such person has been or is known and if there is no better way of identifying him. BEFORE ARRAIGNMENT. he must be described under a fictitious name (Sayson v. 2000. The New Rules of Criminal Procedure which took effect on Dec. PURPOSE: To give the defendant the necessary knowledge of the charge to enable him to prove his defense. No. the property must be described with such particularity as to properly identify the particular offense charged.g. The failure to move or specification or the quashal of the information on any of the grounds provided for in the Rules deprives the accused of the right to object to evidence which could be lawfully introduced and admitted under an information of more or less general terms but which sufficiently charges the accused with a definite crime. destructive arson. provided the place of actual commission was within the jurisdiction of the court. People v. malicious mischief.” For this purpose. May conviction be had even if it appears that the crime was committed not at the place alleged in the information? Yes. G. PURPOSE: To show territorial jurisdiction of the court. etc. In crimes against property. No.
THE PROSECUTOR MAY: • upgrade the offense • allege qualifying and aggravating circumstances or • change the offense charged WITHOUT LEAVE OF COURT. No. special complex crimes 4. with notice to the offended party. The court shall state the reasons in resolving the motion and copies thereof all parties. b. which makes the amendment of the information no longer the remedy of the prosecution. Section 14 applied only to original case and not to appealed case. If it covers only formal amendment. GENERAL RULE: After arraignment. EXCEPTION: When a fact supervenes which changes the nature of the crime charged in the information or upgrades it to a higher crime. provided there is evidence thereon which has been presented during the preliminary investigation. AFTER THE PLEAa. the prosecutor may no longer amend the information which changes the nature of the crime. Unity of criminal intent which means that two or more violations of the same penal provision are united on one and the same intent leading to the perpetration of the same criminal purpose or claim (People v. But when a fact supervenes which changes the nature of the crime charged in the information or upgrades it to a higher crime. Test as to whether a defendant is prejudiced by an amendment: • whether a defense under the information as it originally stood would be available after the amendment is made. Unity of penal provision infringed upon or violated. as it will prejudice the substantial rights of the accused. G.Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 as a description of only one offense and the information cannot be dismissed on the ground of multifariousness. Section 14. Amendment or Substitution KINDS OF AMENDMENT OR SUBSTITUTION a. may amend the information to allege such supervening fact and upgrade the crime charged to the higher crime brought about by such supervening fact. HOWEVER. 140311 (2001) When amendments to informations may be allowed: a. CA. 3. crimes susceptible of being committed in various modes 5. there being no identity of the offense charged in the first information and in the second one. the prosecutor. but to substitution of the complaint or information by a new one. it does not deprive the accused of the right to invoke prescription Page 179 of 289 . If the substitution is made before the accused enters his plea.leave of court is obtained and such amendment is not prejudicial to the rights of the accused. and subject to the approval of the court. PROSECUTOR CANNOT: • downgrade the offense charged • exclude from the information a co-accused without filing a motion to that effect.R. in which case. without placing the accused in double jeopardy. complex crimes 3. and • whether any evidence defendant might have would be equally applicable to the information in the new form as in the other. b. especiallyare the offended party. 2. Gabionza v. crimes of which another offense is an ingredient REQUISITES OF CONTINUOUS CRIMES: 1. Plurality of acts performed separately during a period of time. QuickTime™ furnished and a TIFF (Uncompressed) decompressor needed to see this picture. BEFORE THE ACCUSED ENTERS HIS PLEA. continuous crimes 2. the question of double jeopardy does not arise. there is a need for another arraignment of the accused under the amended information. with leave of court. EXCEPTIONS TO THE RULE ON DUPLICITY 1. the filing thereof may only be allowed if it will not place the accused twice in jeopardy. Ledesma). HOWEVER: if the supervening event which changes the nature of the crime to a more serious one occurred after the accused has been convicted. paragraph 2 of Section 14 does not refer to amendment. the prosecution can and should charge the accused for such more serious crime. If the filing of new information is done after the plea and before judgment on the ground that there has been a mistake in charging the proper offense. Technically.
Amendment is only as to Another preliminary form. No judgment has yet been rendered. in which case the defendant shall be convicted of the offense charged. hence the accused hence substantial cannot claim double amendments to the jeopardy.. The accused cannot be convicted of the offense charged or of any other offense necessarily included therein. An amended information Requires or presupposes refers to the same that the new information offense charged in the involves a different original information or to offense which does not QuickTime™ and a an offense which TIFF (Uncompre includes or is not ssed) decompressor are needed t o s ee this picture. BEING AN ESSENTIAL ELEMENT OF JURISDICTION. it does not involve a change in the basic theory of the prosecution so as to require the accused to undergo any material charge or modification in his defense e. PURPOSE: Not to compel the defendant to move to and appear in a different court from that of the territory where the crime was committed as it would cause him great inconvenience in looking for his witnesses and other evidence in another place. original information has to be dismissed. information after the plea has been taken cannot be made over the objection of the accused. accused.Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 b. VARIANCE BETWEEN INDICTMENT AND PROOF: 1. b. Where an offense is committed on board a vessel in the course of its voyage. the offense charged and is different therefrom. it does not affect or alter the nature of the offense originally charged d. necessarily includes or is necessarily included in necessarily included in the original charge. The accused would not be placed in double jeopardy. (Substitution of information applies in this case). 3. Place where action is to be instituted VENUE IN CRIMINAL CASE IS JURISDICTIONAL. Section15. in which case. hence Philippine courts have no jurisdiction over crimes committed outside the Philippines. the criminal action shall be instituted and tried in the court of the first port of entry or of any municipality or Page 180 of 289 . the original charge. it does not expose the accused to a charge which would call for a higher penalty f. When the offense proves is more serious than and includes the offense charged. 2. EXCEPTIONS: 1. including the place of its departure and arrival. the accused could invoke double jeopardy. it does not deprive the accused of the right to invoke prescription c. c. Substitution AMENDMENT SUBSTITUTION May involve either formal Involves substantial or substantial changes. there is no need for investigation is entailed another preliminary and the accused has to investigation and the plead anew to the new retaking of the plea of the information. Those provided in Article 2 of the Revised Penal Code. Amendment before the Substitution of pleas has been entered information must be with can be effected without leave of court as the leave of court. Those who commit any of the crimes contemplated therein can be tried by Philippine courts. the criminal action shall be instituted and tried in the court of any municipality or territory where such train. the defendant shall be convicted of the offense proved. in which case the court should dismiss the action and order the filing of new information charging the proper offense. 2. 3. change from original charge. LIMITATION TO THE RULE ON SUBSTITUTION: a. GENERAL RULE: Penal laws are territorial. for if the original would be withdrawn. When the offense proved is less serious than and is necessarily included in the offense charged. it does not cause surprise or deprive the accused of an opportunity to meet the new averment. Where an offense is committed on a railroad train. When the offense proved is neither included in. nor does it include. aircraft or other vehicle passed during its trip. A defendant may file a counterclaim for interpleader against the plaintiff and a third party also claiming the subject matter of the suit. Amendment vs. in an aircraft or other public or private vehicle in the course of its trip.
EXCEPTIONS: Where institution of criminal liability does not include civil liability the offended party WAIVES the civil action. Intervention of the offended party in criminal action GENERAL RULE: Offended party has the right to intervene by counsel in the prosecution of the criminal action where the civil action for recovery of civil liability is instituted in the criminal action pursuant to Rule 111. because the offended party or complaining witness cannot act for the prosecutor. where the latter holds office at the time of the commission of the offense. b. If one of the offended parties is a private individual. Piracy – has no territorial limits as it is a crime against all mankind. It cannot be waived or changed by the agreement of the parties or by consent of the defendant. 4. Under circumstances affording the offended party a reasonable opportunity to make such reservation. except to be a prosecution witness. and b. Where the offended party has waived the right QuickTime™ and a decompressor TIFF (Uncompressed) to civil indemnity. Section 16. subject to the generally accepted principles of international law. c. He no longer has any standing in the criminal case. EXCEPTIONS: 1. Where the offended party withdrew a reservation to file a separate civil action. where the libelous article is printed or first published. RULE 111 PROSECUTION OF CIVIL ACTION Section 1. or he INSTITUTES THE CIVIL ACTION PRIOR TO THE CRIMINAL ACTION. If at all. He loses the right to intervene. 2. the only civil liability of the employer in the criminal action would be his subsidiary liability under the Revised Penal Code. no civil liability arises in favor of the offended party. 5. Libel – the action may be instituted at the election of the offended party in the province or city: a. 6. or are needed to see this picture.P. the private prosecutor may still intervene in the prosecution of the criminal case. VENUE IS JURISDICTIONAL The court has no jurisdiction to try an offense committed outside its territorial jurisdiction. 5. where said private individual actually resides at the time of the commission of the offense. 1987 Constitution). can the case be revived upon motion of the offended party? No. Court of Appeals since quasi-delict is not deemed instituted with the criminal.criminal action shall be filed in the place where the check was dishonored. Where from the nature of the crime and the law defining and punishing it. WHEN RESERVATION SHALL BE MADE: a. 7. he RESERVES his right to institute the civil action separately. Where a criminal action has been provisionally dismissed upon motion of the prosecutor. no such civil action can be instituted after the criminal action has been filed as the same has been included therein. he may not withdraw such civil case in order to intervene in the criminal prosecution. INSTANCES WHERE NO RESERVATION SHALL BE ALLOWED 1. The Supreme Court shall have the power to order a change of venue or place of trial to avoid the miscarriage of justice (Sec. by conducting the examination of witnesses under the control of the prosecutor.to ensure a fair trial and impartial inquiry.Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 territory where the vessel passed during such voyage. B. 22 cases. HOWEVER: Once the offended party has filed a separate civil action arising from the crime. Before the prosecution starts to present its evidence. Page 181 of 289 . The employer may not be held civilly liable for quasidelict in the criminal action as ruled in Maniago v. Institution of criminal and civil actions GENERAL RULE: The institution or filing of the criminal action includes the institution therein of the civil action for recovery of civil liability arising from the offense charged. In exceptional circumstances. 3. Where the offended party has already instituted an action. Criminal action for violation of BP 22 – unless a separate civil action has been filed before the institution of the criminal action. If the offended party is a public official. Article VIII.
A claim arising from an offense which is cognizable by the Sandiganbayan – a civil action filed prior to the criminal action has to be transferred to the subsequently filed criminal action for joint hearing (Sec. THUS: even if the accused started serving his sentence within the 15-day period from the promulgation of the judgment of conviction by the lower court. 33. HOWEVER. additional penalties cannot be imposed upon a co-accused who did not appeal. the offended party may appeal the dismissal to the CA. cross-claim or thirdparty complaint may be filed by the accused in the criminal case. Rule 111 now expressly provides that no counterclaim. still ask that the civil liability be fixed by the court. the grant and amount thereof are left to the sound discretion of the trial court. Any claim which could have been the subject thereof maybe litigated in a separate civil action. RULES ON FILING FEES GENERAL RULE: No QuickTime™ filing fees are required for and a TIFF (Uncompressed) decompressor amounts of actual damages. third-party complaints are no longer allowed in a criminal proceeding. cross-claims. 34 and 2176 of the Civil Code. 33. if these damages are specified in the complaint or information. IMPORTANT: Section 1. NOTE: Only civil liability arising from crime charged (cause of action arising from delict) as a felony is deemed instituted. pay in full the filing fees based on the face value of the check as the actual damages. the appellate court may impose additional damages or increase or decrease the amounts of damages upon the accused-appellant. thereby making the judgment against him final. the complainant may. the trial court will not acquire jurisdiction over such other damages. but dismissed the civil action instituted therein. With respect to damages other than actual. Although the criminal and civil actions may be joined in the criminal case. Compromise on civil aspect: The offended party may compromise the civil aspect of a crime. no. namely. Civil liability arising from other sources of obligations (law. 7. A compromise on the civil aspect is valid even if it turns out to be unsatisfactory either to one or both of the parties. EXCEPTION: Criminal action for violation of BP 22 which is deemed to include the corresponding civil action. RA 9282) When the reservation of the right to institute the separate civil actions shall be made: before the prosecution starts to present its evidence and under circumstances affording the offended party a reasonable opportunity to make such a reservation. The offended party shall. REASONS: Page 182 of 289 . those provided in Arts. they are distinct from each other. but any cause of action which could have been subject thereof may be litigated in a separate civil action. 4 of PD1606 as amended by RA 8249) 3. otherwise. the corresponding filing fees should be paid. The plaintiffs in the two actions are different. as the judgment regarding civil liability has not become final and the court still has jurisdiction to adjudge the civil liability. but modifications of the judgment beneficial to him are considered in his favor. within the 15-day reglementary period. 32.1. upon the filing of the criminal and civil actions. In an appeal of a criminal case. provided that it must be entered before or during the litigation. quasi-contract and quasidelict) are no longer deemed instituted like those under Article 32. The offended party in a criminal case may appeal the civil aspect despite the acquittal of the accused. if the judgment does not adjudicate any civil liability. The rule requiring reservation to file a separate civil action does not apply to civil actions which can be filed and prosecuted independently of the criminal action. Where the trial court convicted the accused. and not after final judgment. Tax cases (Sec. exemplary and other damages are not specified in the complaint or information. 34 and 2176 of the Civil Code which can be prosecuted even without reservation. Purpose of Exception: to prevent the offended party from using the prosecutor’s office and the court as vehicles for recovery of the face value of the check. without paying the corresponding filing fees therefor. the corresponding filing fees need not be paid and shall simply constitute a first lien on the judgment. NOTE: Counterclaims. Where moral. par. are needed to see this picture.Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 2. b.
CONSOLIDATION OF CRIMINAL AND CIVIL CASES Before judgment on the merit is rendered in the civil action. Section 2. ACQUITTAL IN A CRIMINAL CASE DOES NOT BAR THE FILING OF THE CIVIL CASE WHERE: 1. b. EXCEPTIONS: 1. The phrase “which has been reserved” that has caused conflicting rulings in the past has now been deleted. The consolidated criminal and civil cases shall be tried and decided jointly. Court of Appeals. 34 and 2176 of the Civil Code. shall be deemed automatically reproduced in the criminal action. if the civil case has been reserved. 3. When civil action may proceed independently Prior reservation is not necessary to file separate civil action under Arts. the QuickTime™ and a TIFF (Uncompressed) decompressor evidence presented and admitted in the civil case are needed to see this picture. This is a modification on the rule on primacy of criminal action. PURPOSE: To make the court’s disposition of the criminal case of no effect whatsoever on the separate civil case. NOTE: Article 29 of the Civil Code merely emphasizes that a civil action for damages is not precluded by the acquittal of an accused for the same Page 183 of 289 . 314 SCRA 370) Section 3. 34 and 2176 of the Civil Code. suspended When separate civil action is criminal act or omission. In cases where consolidation is given due course. contract. irrespective of the nature of the offense. The criminal case is reduced to a civil action. If such civil action which survives is impliedly instituted in the criminal action. After arraignment and during the pendency of the criminal action: GENERAL RULE: Death extinguishes the civil liability arising from delict or the offense EXCEPT: where civil liability is predicated on other sources of obligations such as law. Primacy of Criminal Action over Civil Action After the filing of the criminal action. Section 4. quasi-contract and quasi-delict. 2. the same may. except that a plaintiff cannot recover damages twice for the same act or omission of the defendant. the legal representative or heir of the deceased shall be substituted for the deceased. The decision contains a declaration that the liability is not criminal but only civil in nature. In cases where the civil action presents a prejudicial question. the trial court should confine itself to the criminal aspect and the possible civil liability of the accused arising out of the crime. Where the civil action is not one intended to enforce the civil liability arising from the offense. the amount of the civil claim or the rank of the court trying the civil case. the counterclaim of the accused will unnecessarily complicate and confuse the criminal proceedings. (Sapiera v. 33. 33. Effect of death on civil actions EFFECT OF DEATH OF THE ACCUSED ON CIVIL ACTIONS 1.Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 a. It does not state that the remedy can be availed of only in a separate civil action. 2. the civil action which has been reserved cannot be instituted until final judgment has been rendered in the criminal action If the civil action is instituted before the criminal action and the criminal action is subsequently commenced. the pending civil action shall be suspended until final judgment of the criminal action has been rendered. 32. upon motion of the offended party be consolidated with the criminal action in the court trying the criminal action. The civil liability is not derived from or based on the criminal act of which the accused is acquitted. and 3. In cases of independent civil actions based upon Article 32. The consolidation must be effected in the criminal court. The acquittal is based on reasonable doubt. Actions based on quasi-delict may be filed independently of the criminal action regardless of the result of the criminal action.
The resolution of such issue determines whether or not the criminal action may proceed. Preliminary investigation defined. as the case may be. RULE 112 PRELIMINARY INVESTIGATION Section 1. PURPOSE: To avoid two conflicting decisions. 3. Court where the criminal action has been filed for trial at any time before the prosecution rests. 2. Elements of prejudicial question ELEMENTS OF A PREJUDICIAL QUESTION 1. and is subject to a waiver by virtue of prior acts of the accused. The civil action involves an issue similar or intimately related to the issue raised in the subsequent criminal action. The suspension of the criminal case due to a prejudicial question is only a procedural matter. if the civil action has been reserved and subsequently filed or such civil action has been instituted. PREJUDICIAL QUESTION 1. then such civil action will proceed and substitution of parties shall be ordered by the court pursuant to Sec. NOTE: A prejudicial question is based on a fact distinct and separate from the crime but so intimately connected with it that it determines the guilt or innocence of the accused. 3. Section 6. PREJUDICIAL QUESTION It is one which arises in a case.16 Rule 3 of the Rules of Court. the petition to suspend shall be filed in the same criminal action at any time before the prosecution rests. Page 184 of 289 . Prior to final judgment: It terminates his criminal liability and only the civil liability directly arising from and based solely on the offense committed. NOTE: Where the criminal case was dismissed before trial because the offended party executed an affidavit of desistance. when required PRELIMINARY INVESTIGATION It is an inquiry or proceeding to determine whether there exists sufficient ground to engender a wellfounded belief that a crime has been committed and that the respondent is probably guilty thereof and should be held for trial. Judgment in civil action not a bar The judgment in civil actions based on Arts. 32. or against said estate. The civil action must be instituted PRIOR to the criminal action. 34 and 2176 absolving the defendant from civil liability does not bar the criminal action. Section 7. SuspensionQuickTime™ by reason of prejudicial and a TIFF (Uncompressed) decompressor question are needed to see this picture. Office of the Prosecutor. NOTE: The independent civil action instituted under Section 3 of this Rule or which thereafter is instituted to enforce liability arising from other sources of obligation may be continued against the estate or legal representative of the accused after proper substitution. Pending appeal of his conviction: It extinguishes his criminal liability as well as the civil liability based solely thereon. Before arraignment: The civil action impliedly instituted in the criminal action shall be dismissed without prejudice to the offended party’s filing a civil action against the administrator of the estate of the deceased. 2.Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 However. 4. Section 5. 2. WHERE TO FILE PETITION FOR SUSPENSION BY REASON OF PREJUDICIAL QUESTION 1. the resolution of which is a logical antecedent of the issue involved therein and the cognizance of which pertains to another tribunal. 3. or 2. Time to Plead When the criminal action has been filed in court for trial. the civil action thereof is similarly dismissed. There is no prejudicial question where one case is administrative and the other is civil. when the accused died. 33. The prejudicial question may be raised during the preliminary investigation of the offense or in court before the prosecution rests its case.
Refuse to enter a plea upon arraignment and object to further proceedings upon such ground. Preliminary investigation 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. To preserve evidence and keep the witnesses within the control of the State. To determine whether a crime has been committed and whether there is probable cause to believe that the accused is guilty thereof. if the offense is bailable. 2. are needed to see this picture. Nor is its record part of the record of the case in the RTC. it is a component part of due process in criminal justice and is a substantive right. v. 35 Phil 666). Section 2. It is subject to the requirements of both substantive and procedural due process. The amendments took effect on October 3. he can ask for preliminary investigation BEFORE the filing of the complaint/ information BUT he must sign a waiver in accordance with Article 125. nor does it affect the court’s jurisdiction. Raise lack of preliminary investigation as error on appeal. 3. Judges of RTCs No longer authorized to conduct PI: By implication. The amendment removed the conduct of preliminary investigation from the judges of the first level courts. It is not part of the trial of the criminal action in court. Ombudsman and PCGG 4. AFTER the filing of the information/ complaint. the accused may. RPC. If an objection was raised. Marfori. Silence of the accused. Nonetheless. provincial or city prosecutor and their assistants 2. REMEDIES OF THE ACCUSED IF THERE WAS NO PRELIMINARY INVESTIGATION: 1. A personal right and may be waived expressly or by implication. Failure to claim it QuickTime™ before the accused pleaded. within 5 days from the time he learns of its filing ask for preliminary investigation. Sandiganbayan. instead of dismissing the complaint or information should order the conduct of such investigation (Doromal v. the accused must invoke it at the first opportunity and the court should hold in abeyance or suspend proceedings and remand the case to the office of the prosecutor for him to conduct PI. the court. WAIVER: 1. To determine the amount of bail. the accused is entitled to another preliminary investigation (U. Insist on a preliminary investigation. There is NO right of preliminary investigation when a person is lawfully arrested without a warrant unless there is a waiver of the provisions of Article 125 of the Revised Penal Code. 2005. Such other officers as may be authorized by law such as the COMELEC. MTC judges in Manila and in chartered cities have not been granted the authority Page 185 of 289 . The right of an accused to a preliminary investigation is not a constitutional but merely a statutory right. File for petition for prohibition. 5. Lack of preliminary investigation is not a ground to quash or dismiss a complaint or information. Failure to request it within 5 days from the time he learns of the filing of the complaint or information in those instances where the accused is lawfully arrested without a warrant. 3. 4.Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 PURPOSES: 1. When there is no preliminary investigation. 3. but if re-filed. 2. Officers authorized preliminary investigation to conduct OFFICERS AUTHORIZED TO CONDUCT PRELIMINARY INVESTIGATION 1.S. 2. 1 months and 7 day without regard to the fine. If a person is arrested. and a TIFF (Uncompressed) decompressor 2. 117 SCRA 354). National and regional state prosecutors 3. The dismissal of the case by the investigator will not constitute double jeopardy and will not bar the filing of another complaint for the same offense. NOTE: This Rule has been partially amended by AM 05-0-8-26-SC. File a petition for certiorari. THE ACCUSED CAN ASK FOR PRELIMINARY INVESTIGATION IN THE FOLLOWING CASES: 1. HOWEVER. Absence of preliminary investigation does not affect the jurisdiction of the court or invalidate the information if no objection was raised by the accused.
Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 to conduct PI. A. Preliminary investigation by the Ombudsman is limited to cases cognizable by the Sandiganbayan and must be conducted pursuant to Rule 11 of the Rules of Procedure of the Office of the Ombudsman. 6770 that the Ombudsman may motu propio conduct a reinvestigation. except on the ground of lack of jurisdiction. In other words. Vasquez. other high crimes. EFFECTS OF AN INCOMPLETE PRELIMINARY INVESTIGATION Page 186 of 289 . G. as the officers authorized to do so are the prosecutors. Sandiganbayan. “Any illegal act or omission of any public official” is broad enough to embrace any crime committed by a public officer or employee. it is the nature of the offense. nor can the prosecutor file an information with the Sandiganbayan without being deputized by. Regarding offenses falling within the original jurisdiction of the Sandiganbayan: Prosecutors or municipal trial court judges conducting PI of offenses falling within the original jurisdiction of the Sandiganbayan shall. an election offense as defined in the Omnibus Election Code and in other election laws. like an QuickTime™ and a open for review. irrespective of whether the offense is committed in relation to his official duties or not. an aggrieved party is not without remedy. they can only be removed from office on impeachment for.R. culpable violation of the Constitution. bribery.R. Moreover. appeal is not available as a remedy because the right to appeal is a statutory privilege and may be availed of only if there is a statute to that effect. to prosecute public officers or employees who have committed election offenses. and not the personality of the offender that matters. THE OMBUDSMAN DOES NOT HAVE THE FOLLOWING POWERS: 1. after their conclusion. Uy v. not only those within the jurisdiction of the Sandiganbayan. to prosecute before the Sandiganbayan any impeachable officers with any offense which carries with it the penalty of removal from office. even if it is cognizable by the MTC because it is an offense where the penalty prescribed by law is at least 4 years 2 months and 1 day. 2. However. 105965-70(2001) The Ombudsman is clothed with authority to conduct preliminary investigation and to prosecute all criminal cases involving public officers and employees. It is clear from R. No. § 15 of RA 6770 (Ombudsman Act of 1989) does not make any distinction. Roxas v. or any penalty service of which would amount to removal from office because by constitutional mandate. or betrayal of public trust 2. 114944 (2001) In criminal prosecutions. 07 disallows the filing of a motion to quash or dismiss a complaint filed with the Ombudsman. G. Such grant of primary jurisdiction over cases cognizable by the Sandiganbayan does not necessarily imply the exclusion from its jurisdiction of cases involving public officers and employees cognizable by the other courts. ELECTION OFFENSES: The exclusive jurisdiction of the Comelec to investigate and prosecute election offenses inheres even if the offender is a private individual or public officer or employee. Which remedy may an aggrieved party avail of against resolutions of the Ombudsman in criminal or non-administrative cases? The law is silent. graft and corruption. a case cognizable by the RTC may be filed with the MTC for PI. The Ombudsman should not be limited in its review. THE OMBUDSMAN: The power of the Ombudsman to make investigation extends to any illegal act or omission of any public official. the prosecutor or judge cannot dismiss the complaint without the prior written authority of the Ombudsman or his deputy. Nos. for reconsideration or reinvestigation was sought. Section 4(d) of Administrative Order No. a reinvestigation. but those within the jurisdiction of the regular courts as well. and conviction of. as he can resort to the special civil action of certiorari under Rule 65. transmit the records and their resolutions to the Ombudsman or his deputy for appropriate action. treason. Hence. whether or not the same is committed in relation to his office. and without prior written authority of. TWO TYPES OF OFFENSES MAY BE FILED IN THE MTC FOR PRELIMINARY INVESTIGATION: 1. to file an information for an offense cognizable by the regular courts. namely. the Ombudsman or his deputy. renders TIFF the entire case (Uncompressed) decompressor are needed to see this regardless of whether a motion picture. appeal. 3. and in the latter instance.
By reason of the abbreviated nature of Preliminary Investigation. To be present in the clarificatory hearing. or if subpoenaed but does not submit his counter-affidavit within 10 days. Resolution of investigating prosecutor and its review Resolution of investigating prosecutor and its review After having filed the information. What is required is that he be given the opportunity to controvert the evidence of the complainant by submitting counter-affidavits. 2. respondent shall submit a counter-affidavit and other supporting documents within 10 days from receipt thereof. It has Page 187 of 289 QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. If respondent cannot be subpoenaed. 2. investigating officer shall resolve the complaint based on the evidence presented by the complainant. Filing of the complaint accompanied by the affidavits and supporting documents. To examine the evidence submitted by the complainant 3. the prosecutor is called upon to prosecute the case in court. To submit counter-affidavit. the investigating officer shall either dismiss or issue subpoena. 4. 5. Section 3. The accused or respondent in a criminal prosecution may avail himself of discovery remedies either during preliminary investigation or when the information has already been filed in court. NOTE: The Rules does not require the presence of the respondent in the Preliminary Investigation. Section 4. Procedure PROCEDURE 1. Hearing (optional). The respondent is now required to submit counter-affidavits and other supporting documents relied upon by him for his defense. Resolution of investigating prosecutor. Within 10 days after the filing. 3. If subpoena is issued. a dismissal of the charges as a result thereof is not equivalent to a judicial pronouncement of acquittal. It shall be held within 10 days from submission of counter-affidavits or from the expiration of the period of their submission. . A motion to dismiss is now a prohibited pleading during preliminary investigation. It does not affect the court’s jurisdiction or the validity of the information. RIGHTS OF RESPONDENT IN A PRELIMINARY INVESTIGATION: 1.Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 1. It does not warrant the quashal of the information 2. The respondent now has the right to examine the evidence submitted by the complainant of which he may not have been furnished and to obtain copies thereof at his expense.
and 4. No. he is not at liberty to strike foul ones. unlike judges who are mandated to display cold neutrality in hearing cases. 3) Ombudsman or his deputy. the accused was given an opportunity to submit controverting evidence. Resolution of investigating judge and its review (DELETED) RESOLUTION OF INVESTIGATING JUDGE AND ITS REVIEW A. forward the record of the case to 1) provincial or city prosecutor. if subpoenaed. Page 188 of 289 . Section 4 of DOJ 223 should be construed as merely enjoining the Secretary of Justice to refrain. Role of Secretary Of Justice The Secretary of Justice is not prevented from entertaining an appeal from the accused or from the offended party even after the information has been filed and the trial court has arraigned the accused. 3. and they can be subsequently prosecuted. dismiss the case Within 5 days from resolution. EFFECT IF THE INFORMATION IS FILED BY SOMEONE NOT AUTHORIZED BY LAW The court does not acquire jurisdiction. from entertaining a petition for review or appeal from the action of the prosecutor once the complaint or information is filed in court.M. It does not vitiate the validity of the information. The accused who has been charged with the offense is not allowed to escape punishment merely because it develops in the course of the trial that there were other guilty participants in the crime. the prosecutors are not required to divest themselves of their personal convictions and refrain from exhibiting partiality. The prosecutor is required to resolve the complaint based on the evidence presented by the complainant in the event that the respondent cannot be subpoenaed or the respondent. If there is probable cause to hold respondent liable. the fact TIFF (Uncompressed) decompressor are needed to see this picture. prepare resolution. 05-8-26-SC: All First Level Courts shall continue with the preliminary investigation of cases pending with them and terminate them not later than December 31. First Level Courts shall no longer accept new cases for If no probable cause exists. as far as practicable. Neither is the same a ground for a motion to quash.Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 been said that at this stage. If the Secretary reverses the ruling of the prosecutor. the accused was informed of the complaint and the evidence against him. does not submit a counter-affidavit within the 10-day period. the grant or denial of which is subject to the discretion of the trial court. 2005. 3. that they were not included in the information does not relieve them of criminal liability. The accused’s failure to assert lack of authority on the part of the prosecutor in filing the information does not constitute a waiver thereof. If during the trial. there is reasonable ground a crime has been committed and the accused is probably guilty thereof. evidence is shown that such persons should have been charged. But while he may strike hard blows. QuickTime™ and a No complaint or information may be filed or dismissed by an investigating prosecutor without the prior written authority or approval of the provincial or city prosecutor or the Ombudsman or his deputy. 2) chief state prosecutor. 2. The abovementioned officers shall act on the resolution within10 days from receipt thereof and shall immediately inform the parties of such action. EFFECTS OF EXCLUSION OF OTHER PERSONS FROM THE INFORMATION 1. the latter has to file the necessary motion to dismiss the complaint or information. Section 5. 2. HE SHALL CERTIFY UNDER OATH IN THE INFORMATION THAT: 1. in cases cognizable by the Sandiganbayan in the exercise of its original jurisdiction. Upon the effectivity of these amendments. he or an authorized officer personally examined the complainant and his witnesses.
he cannot. 2. to file with the trial court a motion to dismiss on QuickTime™ and a TIFF (Uncompressed) such ground or for decompressor the determination of are needed to see this picture. WHO BELIEVES THAT THERE IS NO PROBABLE CAUSE TO HOLD HIM FOR TRIAL. in which case. 2 months and 1 day without PI. Section 7. If the judge is satisfied that there is no necessity for placing the accused under custody. Require further affidavits INVALID: A warrant issued by the judge solely on the basis of the report and recommendation of the investigating prosecutor. recall said order. otherwise the court becomes a mere rubber stamp. the should the trial court do upon the prosecutor’s motion to dismiss? He must make his own assessment of the evidence and not just rely on the conclusion of the prosecutor. Personally evaluate the report and supporting documents submitted by the prosecutor. It is not a pronouncement of guilt. MUNICIPAL JUDGE MAY ISSUE ARREST WARRANT BEFORE CONCLUSION OF PRELIMINARY INVESTIGATION IF: 1. The power belongs to the prosecutor. without gravely abusing his discretion. After the conclusion of his PI. the judge has to transmit to the provincial prosecutor his resolution and entire records of the case. any motion for reinvestigation is addressed to the sound discretion of the court. WHAT THE ACCUSED. even if the judge finds probable cause. Dismiss b. probable cause. Judges of the RTCs and inferior courts need not personally examine the complainant and his witnesses in the determination of probable cause for the issuance of the warrant of arrest. he shall issue a warrant of arrest or a commitment order if the accused had already been arrested and hold him for trial. Section 6. Where an information has already been filed in court. issue a warrant of arrest. EXCEPTION: When the accused has been lawfully arrested without warrant. REINVESTIGATION: Once the complaint or information is filed in court. 2. The investigating judge has no power to reduce or change the crime charged in order to justify the grant of bail to the accused. on such ground alone. the accused may file a motion to quash the arrest warrant or to recall the same on the ground of lack of probable cause. without personally determining the existence of probable cause by independently examining sufficient evidence submitted by the parties during the Preliminary Investigation. set the case for arraignment and trial. When accused lawfully arrested without warrant GENERAL RULE: No complaint or information shall be filed for an offense which is penalized by imprisonment of not less than 4 years. He must further find there is a necessity of placing the accused under immediate custody in order not to frustrate the ends of justice. Issue a warrant c. he may: a. While the trial court judge has the power to order the reinvestigation of the case by the prosecutor.Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 preliminary investigation which fall under exclusive jurisdiction of courts of other levels. before the prosecutor concluded the reinvestigation. and the Secretary of Justice reversed the prosecutor’s finding of probable cause. He is only required to: 1. regardless of whether he finds a probable cause or sufficient ground to issue a warrant of arrest. When warrant of arrest may issue WHEN WARRANT OF ARREST MAY ISSUE If the judge finds probable cause. Thus. On the basis of the report. 2005 following their publication in a newspaper of general circulation not later than September 15. if the warrant of arrest has been issued. he finds that probable cause exists and 2. what . 2005. Effect of a finding of probable cause It merely binds over the suspect to stand trial. he may issue summons instead of warrant of arrest. he may not. there is a necessity of placing respondent under immediate custody. an inquest Page 189 of 289 These amendments shall take effect on October 3. IMPORTANT: The rule is now that the investigating judge’s power to order the arrest of the accused is limited to instances in which there is a necessity for placing him in custody in order not to frustrate the ends of justice. MAY DO: 1.
Where the information was amended without a new PI having been conducted. c. Section 9. PROCEDURE TO BE FOLLOWED: a. 125 of the RPC.Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 must be conducted by an inquest prosecutor who will determine whether his arrest without warrant is lawful. together with the other supporting evidence and the resolution on the case. Before the filing of a complaint or information. Records An information or complaint filed in court shall be supported by the affidavits and counter-affidavits of the parties and their witnesses. The inquest prosecutor may order the release of the arrested person if he finds no sufficient ground to hold him without prejudice to conducting further investigation. Be satisfied that a probable cause exists. failure to file the motion within the said period amounts to a waiver of the right to ask for preliminary investigation. 2. That there is a need to place respondent under immediate custody in order not to frustrate the ends of justice. (People v. Page 190 of 289 . Conduct searching questions or answers. Right to Bail Pending Preliminary Investigation A person lawfully arrested may post bail before the filing of the information or even after the filing without waiving his right to PI. a complaint or information may only be filed after an inquest conducted in accordance with existing rules. Provided: that in the absence or unavailability of an inquest prosecutor. but he must sign a waiver of the provisions of Art. For cases under the Revised Rules on Summary Procedure. within 5 days from the time he learns of the filing of the information ask for a preliminary investigation with the same right to adduce evidence in his favor in the manner prescribed in this Rule. or file complaint or information within the period specified in Art. it must hold in abeyance the QuickTime™ and a (Uncompressed) decompressor arraignment andTIFF trial of the accused until the are needed to see this picture. Where the trial court has granted a motion for reinvestigation. 1995). Must examine in writing and under oath the complainant and his witnesses by searching questions and answers. he is deemed to have waived the right to such PI. Section 8. Require the submission of additional evidence. Evaluate the evidence presented. May 29. the 5-day period is computed from the time the accused learns of the filing of said amended information. the complaint may be filed by the offended party or a peace officer directly with the proper court on the basis of the affidavit of the offended party or arresting officer or person. Courts are not compelled to take judicial notice thereof. CONDITIONS FOR THE ISSUANCE OF WARRANT OF ARREST: 1. the person arrested without a warrant may ask for a preliminary investigation by a proper officer. RULE 113 ARREST Section 1. When the complaint or information was filed without PI. Cases not requiring preliminary investigation nor covered by the Rule on Summary Procedure Cases where the punishment does not exceed 4 years 2 months and 1 day. no warrant shall be issued except where the accused fails to appear after being summoned. provided that he asks for a PI by the proper officer within the period fixed in the said rule. Court of Appeals. prosecutor shall have conducted and made a report on the result of the reinvestigation. b. the accused may. In case a person is arrested without a warrant. Definition of Arrest 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. If the accused allows himself to be arraigned without asking for a preliminary investigation. Records of the preliminary investigation shall NOT automatically form part of the records of the case. It must be introduced as evidence. NOTE: The 5 –day period is MANDATORY. 3. 125 of the RPC.
It remains valid until arrest is effected or the warrant is lifted. • In this kind of warrant. 2. 3. In a citizen’s arrest. It must be issued upon probable cause which must be determined personally by a judge after examination under oath or affirmation of the complainant and the witnesses he may produce. Duty of arresting officer 1. Arrest the accused 2. 23. When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or temporarily confined while his case is pending or has escaped while being transferred from one confinement to another. He must subject the complainant and the witnesses to searching questions. the judge does not personally examine the complainant and the witnesses he may produce. Section 2. By the bondsman for the purpose of surrendering the accused (Sec. Upon application of a peace officer. Arrest includes submission to the custody of the person making the arrest. but he merely evaluates personally the report and supporting documents and other evidence adduced during the preliminary investigation and submitted to him by the prosecutor. Execution of warrant THE JUDGE ISSUES A WARRANT OF ARREST IN 2 INSTANCES: 1. When IN HIS PRESENCE. Arrest without a warrant. NOTES: 1. 6. otherwise the warrant issued is null and void.Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 The application of actual force. • In issuing this kind of warrant. the person to be arrested has committed. Rule 114). is actually committing or is attempting to commit an offense (in flagrante delicto arrests). the person may be arrested and searched of his body and of his personal effects or belongings. The reason for this is there is yet no evidence on record upon which he may determine the existence of probable cause. a report to the judge who issued the warrant. of the accused. 5. Page 191 of 289 . 2. without need of a search warrant. A warrant of arrest has no expiry date. when lawful LAWFUL WARRANTLESS ARREST: 1. for dangerous weapons or anything which may be used as proof of the commission of an offense. Upon the filing of the information by the prosecutor. 4 of Rule 113 requires the head of the office who applied for warrant to execute the same within 10 days from receipt thereof and for the arresting officer assigned to execute the same to submit. but the report of the officer charged with its execution on the action taken by him thereon. Arrest by virtue of a warrant 2. When an offense has in fact been committed and he has probable cause to believe based on PERSONAL KNOWLEDGE of fact and circumstance that the person to be arrested has committed it (Doctrine of Hot Pursuit). Sec. physical restraint or formal declaration of arrest is not required. Rule 113). and if he finds probable on the basis QuickTime™cause and a (Uncompressed) decompressor thereof TIFF he issues the warrant for the arrest are needed to see this picture. It remains valid until arrest is effected or the warrant is lifted. NOTE: The return mentioned in this section refers not to the physical delivery of the very same copy of the process to the issuing court. 4. how made MODES OF ARREST: 1. Deliver him to the nearest police station or jail without unnecessary delay Section 4. to find out whether there exists probable cause. When a person who has been lawfully arrested escapes or is rescued (Sec. 13. Where the accused attempts to leave the country without permission of the court (Sec. 349 SCRA 513) Section 5. However. Arrest without a warrant under exceptional circumstances as may be provided by statute ESSENTIAL REQUISITES OF A VALID WARRANT OF ARREST: 1. within 10 days from the expiration of the first 10-day period. the judge must personally examine the applicant and the witnesses he may produce. Arrest. A warrant of arrest has no expiry date. Givera. Rule 113). The warrant must particularly describe the person to be seized. manual touching of the body. (People v. 23. Section 3. 2.
or 5. Objection to the illegality must be raised before arraignment. Pursued immediately after its commission. or 4. 5(b) authorizes warrantless arrest “when an offense has in fact just been committed. Method of Arrest by officer by virtue of warrant When making an arrest by virtue of a warrant the officer shall inform the person to be arrested of the cause of the arrest and the fact that a warrant has been issued for his arrest. When giving of such information will imperil the arrest. Right to break out of the building or enclosure to effect release . Sec.Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 2. 2. or 2. That the person to be arrested is or is reasonably believed to be in the said building. flees. 3. other wise it is deemed waived. Method of arrest by officer without a warrant When making an arrest by virtue of a warrant the officer shall inform the person to be arrested his authority and the cause of the arrest. That he has requested and been denied admittance. Method of arrest by private person When making an arrest. The person to be arrested is engaged in the commission of an offense. 5(a) refers to arrest in flagrante delicto while Sec. if the person arrested so requires. or 5. or 3. EXCEPTIONS: 1. or 2. Delivery of the detained person to the proper judicial authorities means the filing of the complaint or information with the municipal trial court or with the inquest fiscal or prosecutor who shall then decide either to order the release of the detained person or to file the corresponding information in court. Forcibly resists before the officer has opportunity to so inform him. 4. 3. Has escaped. Right of officer to break into building or enclosure REQUISITES BEFORE AN OFFICER CAN BREAK INTO A BUILDING OR ENCLOSURE TO MAKE AN ARREST: 1. Section 8. when the giving of such information will imperil his arrest. or 3. or 3. are needed to see this picture. Section 11. NOTE: Rule is applicable both where there is a warrant and where there is a valid arrest without a warrant. flees. or 2. NOTE: This rule does not cover a private individual making an arrest. Sec. 5(b) refers to hot pursuit. Time of making arrest It may be made on any day and at any time of the day or night. when he flees. EXCEPTIONS: Page 192 of 289 1. the warrant QuickTime™ and a (Uncompressed) decompressor shall be shown toTIFF him as soon as practicable. The officer need not have the warrant in his possession at the time of the arrest but after the arrest. Section 6. Officer may summon assistance Arresting officer may orally summon as many persons as he deems necessary to assist him in effecting the arrest. as the accused had voluntarily submitted himself to the jurisdiction of the court. EXCEPTIONS: 1. When the person is engaged in the commission of an offense. Section 10. That he has announced his authority and purpose for entering therein. Section 9. Section 12.” The word “just” implies immediacy in point of time. Section 7. When giving of such information will imperil the arrest. Pursued immediately after its commission. or 4. a private person shall inform the person to be arrested of the intention to arrest him and the cause of the arrest. Has escaped. An accused who enters his plea of NOT guilty and participates in the trial waives the illegality of the arrest. Forcibly resists before the officer has opportunity to so inform him. forcibly resists before the officer has opportunity to so inform him.
to guarantee his appearance before any court as required under the conditions hereinafter specified. Jr. Section 13. civil or criminal. 32 is that the wrong may be civil or criminal. Section 8 Rule 15 provides that subject to the provisions of Section 1 Rule 9. Right of an attorney or relative to visit the person arrested The attorney of the person arrested have the right to visit and confer privately with such person in jail or any place of custody at any hour of the day or night. furnished by him or a bondsman. 4. • It is only after investigation ceases to be a general inquiry into an unsolved crime and begins to focus on a particular suspect. judgment or proceeding shall include all objections then available. Custodial investigation • Involves any questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way.” Moreover. Bail may be given in the form of a corporate surety. any person may immediately pursue or retake him without a warrant at any time and in any place within the Philippines. It is not necessary that there should be malice or bad faith. nor can it prevail over the constitutional right of the accused to be presumed innocent. Section 14. • Embraced in custodial investigation: ¾ invited for questioning ¾ re-enactment • Not embraced in custodial investigation: ¾ police line-up ¾ ultraviolet ray examination ¾ normal audit examination by the COA of the accountability of a public officer 2.Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 An officer making an arrest who has entered a building or enclosure may break out therefrom when necessary to liberate himself. property bond. RULE 114 BAIL Section 1. order. DETAINED OR UNDER CUSTODIAL INVESTIGATION with the penalties for violation thereof. a person in authority. the omnibus motion rule applies to motions to quash. 5. 1. 32 of the Civil Code. The very nature of Art. who has. Presumption of regularity in the performance of duties: QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. Bail defined BAIL It is the security given for the release of a person in custody of the law. • Does not apply during in-custody investigation. or in the presence of. cash deposit or recognizance. These changes in the 1997 Rules of Civil Procedure are applicable to criminal cases as Section 3 Rule 1 thereof provides that “these rules shall govern the procedure to be observed in actions. the suspect is taken into custody. Page 193 of 289 . Arrest after escape or rescue If a person arrested escapes or is rescued. On Civil Procedure: • Section 20 Rule 14 of the 1997 Rules of Civil Procedure provides in part that the inclusion in a motion to dismiss of other grounds aside from lack of jurisdiction over the person of the defendant shall not be deemed a voluntary appearance. and all objections not so included shall be deemed waived. This is an abandonment of the Cojuangco. and the police carries out a process of interrogations that lends itself to eliciting incriminating statements that the rule begins to operate. a motion attacking a pleading. The arresting officer may be held civilly liable for damages under Art. the confession of the accused is inadmissible. Sandiganbayan ruling. 6. RA 7438 defined the RIGHTS OF PERSONS ARRESTED. lack of or irregular preliminary investigation. v. and special proceedings. Section 26 of Rule 114 of the New Rules of Criminal Procedure provides that bail is not a bar to objection on illegal arrest. When the threat or promise was made by. 3. OR is supposed by the accused to have power or authority to fulfill the threat or promise.
the execution of the sentence. No. 4. (Lavides v. cash deposit 4. the bondsman must produce the accused on the 15th day from promulgation of sentence for service of sentence. Yap v. . FORMS OF BAIL: 1. The obvious rationale is that imposing bail in an excessive amount could render meaningless the right to bail. given by the accused entered into before some with one or more sureties court or magistrate duly and made payable to the authorized to take it with proper officer with the the condition to do some condition to be void upon particular act. Condition of the Bail. Requirements THE SURETY’S LIABILITY COVERS ALL THESE 3 STAGES: a. corporate surety 2. Where it fears that the accused may jump bail. PROSECUTION WITNESSES MAY ALSO BE REQUIRED TO POST BAIL TO ENSURE THEIR APPEARANCE AT THE TRIAL OF THE CASE WHERE: a. Rule 119) and a Upon assumption of QuickTime™ the obligation of bail. 14. NOTE: A person is in the custody of law when he has been arrested or otherwise deprived of his freedom or when he has voluntarily submitted himself to the jurisdiction of the court by surrendering to the proper authorities. be bailable. the trial court will order the accused to be taken into custody in the absence of a new bail bond on appeal duly approved by the court. the bail bond posted by an accused remains in force at all stages of the case until its final determination. 141529 (2001) The prohibition against requiring excessive bail is enshrined in the Constitution. the TIFF (Uncompressed) decompressor needed to see this picture. property bond 3. sureties become in are law the jailers of their principal.R. to honor the presumption of innocence until his guilt is proven beyond reasonable doubt 2. Where the court believes that a material witness may not appear at the trial. The bondsman shall surrender the accused to court for execution of the final judgment. Unless the court directs otherwise. The trial court could ensure the presence of the accuse at the arraignment precisely by granting bail and ordering his presence at any stage of the proceedings such as arraignment (Sec. If the accused does not appeal. The court has wide latitude in fixing the amount of bail. REQUIRING ARRAIGNMENT BEFORE GRANT OF BAIL IS NOT VALID BECAUSE: a. the same cannot be posted before custody over him has been acquired by the court. to enable him to prepare his defense without being subject to punishment prior to conviction. G. There is a substitution of information (Sec. or requiring the Page 194 of 289 As bail is intended to obtain or secure one’s provisional liberty. Options may include increasing the bail bond to an appropriate level. except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong shall. Rule 114). The accused will be placed in a position where has to choose between filing a motion to quash and thus delay his release on bail and foregoing the filing of a motion to quash so that he can be arraigned at once and thereafter be released on bail. before conviction. b. trial b. Failure of the accused to appear at the trial without justification despite due notice shall be deemed a waiver of his right to be present thereat. promulgation c. If the accused presents his notice of appeal. 2[b]. All persons. (Sec. recognizance Bail Bond vs. The accused shall appear before the proper court whenever required by the court or rules. CA and the People. Rule 110) b. it is certainly not precluded from installing devices to ensure against the same. Court of Appeals. performance by the accused of such acts as he may legally be require to perform.Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 PURPOSES OF A BAIL: 1. 324 SCRA 321) Section 2. The trial may proceed in absentia. Recognizance BAIL BOND RECOGNIZANCE An obligation under seal An obligation of record.
lest the purpose for which it is available is rendered nugatory. The right to bail is not available to military personnel or officer charged with a violation of the Articles of War.” Thus. Bail. It would be premature. needed to see this picture. In bail proceedings. People v. Not entitled to bail: • An accused who has been convicted of an offense which carries a penalty of more than 20 years is not entitled to bail during the pendency of his appeal. No release or transfer except on court order or bail No person under detention by legal process shall be released or transferred except upon order of the court or when he is admitted to bail. Section 4.R. it must be limited to the determination of the bailability of the accused. before conviction. 129782 (2001) In hearing the petition for bail. the SC found that the setting of the amount at P5. et.5M is unreasonable.. Galido. in offenses punishable by death. It should be brief and QuickTime™ and a TIFF (Uncompressed) decompressor speedy. after conviction by the RTC of a non-capital offense ¾ prosecution is entitled to present evidence for its denial. reasonable notice of hearing is required to be given to the prosecutor or fiscal or at least he must be asked for his recommendation because in fixing the amount of bail. not to say incongruous. (Aswat v. the prosecution has the burden of showing that the evidence of guilt is strong pursuant to § 8 Rule 114. a circular of the Department of Justice for the guidance of state prosecutors. 204 SCRA 205) Notice of hearing required: Whether bail is a matter of right or of discretion. Hearing is not required if bail is recommended by prosecution and it is a matter of right. when discretionary 1. for all offenses punishable by lower than reclusion perpetua ¾ prosecution does not have the right to oppose or to present evidence for its denial. the judge is required to take into account a number of factors such as the applicant’s character and reputation. Section 3. a matter of right. Section 5. although technically not binding upon the courts. While the proceeding is conducted as a regular trial. reclusion perpetua or life imprisonment 2. the Court is not precluded from imposing in A’s case an amount higher than P40T (based on the Bail Bond Guide) where it perceives that an appropriate increase is dictated by the circumstances. This notwithstanding. before or after conviction by the MTC 2. to file a petition for bail for someone whose freedom has yet to be curtailed. and constitutes an effective denial of A’s right to bail. G. before conviction.Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 person to report periodically to the court and to make an accounting of his movements. being in a sense an expression of policy of the Executive Branch. through the DOJ. are al. RATIONALE: The unique structure of the military justifies exempting military men from the constitutional coverage on the right to bail. the prosecution must be given ample opportunity to show that the evidence of guilt is strong. The Bail Bond Guide. forfeiture of other bonds or whether he is a fugitive from justice. Summary of the evidence for the prosecution The court’s order granting or refusing bail must contain a summary of the evidence for the prosecution. in the enforcement of criminal laws. Right to bail may be waived. Bail. No. exception WHEN BAIL IS A MATTER OF RIGHT: 1. Although an increase in the amount of bail while the case is on appeal may be meritorious. Singh. as an exception to the general rule that an accused is entitled to bail except in a capital offense where the evidence of guilt is strong. BAIL IN COURT-MARTIAL OFFENSES: The right to bail of an accused military personnel triable by courts-martial does not exist. otherwise the order granting or denying bail may be invalidated because the summary of the evidence for the prosecution which contains the judge’s evaluation of the evidence may be considered as an aspect of procedural due process for both the prosecution and the defense. • An accused who is convicted of a capital offense is no longer entitled to bail on Page 195 of 289 . “merits attention. courts are advised that they must not only be aware but should also consider the Bail Bond Guide due to its significance in the administration of criminal justice. WHEN BAIL IS A MATTER OF DISCRETION: 1. excessive.
the court must nonetheless set the application for hearing. b. After conviction by the trial court. c. Capital offense. • However if the decision of the trial court convicting the accused changed the nature of the offense from non-bailable to bailable. THE ACCUSED SHALL BE DENIED BAIL OR HIS BAIL BE CANCELLED UPON A SHOWING BY THE PROSECUTION OF THE FOLLOWING: a. No. IF THE PENALTY IMPOSED BY THE TRIAL COURT IS IMPRISONMENT EXCEEDING 6 YEARS. quasi-recidivist or habitual delinquent or has committed the crime aggravated by the circumstance of reiteration. NOTE: Republic Act No. That there is undue riskand that he may commit QuickTime™ a TIFF (Uncompressed) decompressor another crime during the pendency of the are needed to see this picture. Section 6. to a penalty next lower than that prescribed by law. Recidivism. That he has previously escaped from legal confinement. 8177 and R. Burden of proof in bail application Prosecution has burden of proof At the hearing of an application for bail filed by a person in custody for the commission of an offense punishable by reclusion perpetua or life imprisonment. regardless of the modifying circumstances. Trial court may grant bail before appeal is perfected • Whether bail is a matter of right or discretion. if convicted. EVIDENCE OF GUILT in the Constitution and the Rules refers to a finding of innocence or culpability. the accused may apply for bail or provisional liberty with the appellate court. and not by the penalty that may be imposed after trial and on the basis of the evidence adduced and the presence of aggravating or mitigating circumstance. the accused convicted of a capital offense is no longer entitled to bail. parole or conditional pardon. 2006 repealing R. That the circumstances of his case indicate the probability of flight if released on bail. admittedly a minor. the application for bail can only be filed with and resolved by the appellate court. • Even if there is no notice of appeal. d. and can only be released when the conviction is reversed by the appellate court. Duty of judge to conduct hearing Where the prosecution agrees with the accused’s application for bail or foregoes the introduction of evidence. the application for bail can only be filed with and resolved by the appellate court. defined CAPITAL OFFENSE It is an offense which. as the accused still has the right to appeal. 9346 entitled ”An Act Prohibiting the Imposition of Death Penalty in the Philippines” was enacted on June 24. Capital offense or an offense punishable by reclusion perpetua or life imprisonment or life imprisonment CONVICTION This refers to conviction by the trial court.A. Article III of the 1987 Constitution Section 8. he is entitled to bail regardless of whether the evidence of guilt is strong. appeal. which has not become final. the trial court loses jurisdiction to grant bail and to approve bail bond.Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 appeal since his conviction imports that the evidence of guilt is strong. the trial court may grant bail and approve the amount of the bail bond before the accused has perfected his appeal. 2. After appeal is perfected. Section 7. This reason does not hold where the accused has been established without objection to be minor who by law cannot be sentenced to death. 3. such as murder. under the law existing at the time of its commission and of the application for admission to bail may be punished with death. No. A. or e. appeal being perfected upon filing of a written notice of appeal and furnishing the adverse party copy thereof. evaded sentence or violated the condition of his bail without valid justification. The capital nature of an offense is determined by the penalty prescribed by law. the prosecution has the burden of showing that evidence of guilt is strong. if the decision of the TC convicting the accused changed the nature of the offense from non-bailable to bailable. Section 13. The reason for this is that one who faces a probable death sentence has a particularly strong temptation to flee. which would entitle him. That he committed the offense while under probation. 7659 and abolishing the death penalty. Regarding Minors Charged with a Capital Offense If the person charged with a capital offense. • However. It is mandatory for the judge Page 196 of 289 .
If there are two or more sureties. The term of the bail bond is not dependent upon faithful payment of the bond premium. h. instead of a surety bond. Financial ability of the accused to give bail. Section 10. c. especially his financial worth as required in the previous section. d. Every surety must be worth the amount specified in his own undertaking over and above all just debts. Character and reputation of the accused. current certificate of authority issued by the Insurance Commissioner with a financial statement showing the maximum underwriting capacity of the surety company. clearance from the Supreme Court. Pendency of other cases where the accused is on bail. obligations and properties exempt from execution. Within 10 days after the approval of the bond. and f.Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 to conduct a hearing and ask searching and clarificatory questions for the purpose of determining the existence of strong evidence against the accused. Each must be a resident owner of real property within the Philippines. Section 12. Property bond. b. after such hearing. licensed as surety in accordance with law and currently authorized to act as such. guidelines THE JUDGE SHALL FIX A REASONABLE AMOUNT OF BAIL CONSIDERING PRIMARILY. city or municipal treasurer the amount of bail fixed by the court or recommended by the prosecutor who investigated or filed the case. may provide bail by bond subscribed jointly by the accused and an officer of the corporation duly authorized by the board of directors. f. his real estate must be worth at least the amount of the undertaking. g. i. authority of the agent. Forfeiture of other bail. 1996. affidavit of justification. Age and health of the accused. photographs of the accused. Section 15. be deposited for the provisional release of the accused. Recognizance Page 197 of 289 . Section 11. should make a finding that the evidence against the accused is strong. and j. THE FOLLOWING REQUISITES MUST BE COMPLIED WITH: a. e. The trial judge has no authority to strictly require that only cash bond. Probability of the accused appearing at the trial. Deposit of cash as bail The accused or any person acting on his behalf may deposit cash with the nearest collector of internal revenue or provincial. Where there is only one surety. Failure to do so shall be sufficient cause for cancellation of the property bond and his re-arrest and detention. e. each may justify in an amount less than that expressed in the undertaking but the aggregate of the justified sums be equivalent to the whole amount of the bail demanded. The fact that the accused was a fugitive from justice when arrested. Section 9. Section 14. NOTE: The purpose of requiring the affidavit of qualification by the surety before the judge is to enable the latter to determine whether or not the surety possesses the qualification to act as such. b. and the order. Corporate Surety Any domestic or foreign corporation. 66 dated September 19. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. Penalty for the offense charged. certificate of compliance with Circular No. Amount of bail. Section 13. Nature and circumstances of the offense. Justification of Sureties BEFORE ACCEPTING A SURETY OR BAIL BOND. c. b. city and municipal assessor concerned. Qualifications of sureties in property bond QUALIFICATIONS: a. BUT NOT LIMITED TO THE FOLLOWING FACTORS: a. how posted PROPERTY BOND It is an undertaking constituted as a lien on the real property given as security for the amount of the bail. d. Weight of the evidence against the accused. c. d. the accused shall annotate the lien on the certificate of title with the Registry of Deeds and on the corresponding tax declaration in the office of the provincial.
3. Section 16. A person accused of an offense with a maximum penalty of destierro shall be released after 30 days of preventive imprisonment. or appeal. without application of the Indeterminate Sentence Law or any modifying circumstance. without application of the Indeterminate Sentence Law or any modifying circumstance. Persons charged with offenses falling under the Rule on Summary Procedure may be released either “on bail or on recognizance of a responsible citizen acceptable to the court. 5. if he is unable to furnish bail and under circumstances envisaged in PD No. when the offense charged is for violation of an ordinance. in which case the court. Any person not yet charged in court may apply for bail with any court in the province. 6. may allow his release on his own recognizance c. which means that he has become his own jailer. whether on trial or appeal. bail may be filed with the RTC of the said place or if no judge is available. Offense charged is violation of an ordinance. 4. 4. Where the accused applied for probation and before the same has been resolved but no bail was filed or the accused is incapable of filing QuickTime™ and a TIFF (Uncompressed) decompressor one. A judge presiding in one branch has no power to grant bail to an accused who is being tried in another branch presided by another judge who is not absent or unavailable. In case of a youthful offender held for physical or mental examination. city or municipality where he is held. entered into before some court or officer authorized to take it with a condition to do some particular act. reduced bail or recognizance are needed to see WHEN this picture.” Espiritu v. the most usual condition in criminal cases being the appearance of the accused for trial. A. Reduced Bail A person in custody for a period to or more than the minimum of the principal penalty prescribed for the offense charged. the imposable penalty of which does not exceed 6 months imprisonment and/or P2000 fine. city or municipality other than the case is pending. If the accused was convicted and the nature of the offense changed from non-bailable to bailable.M. A person who has been in custody for a period equal to or more than the possible maximum imprisonment prescribed for the offense charged. trial. 5. in its discretion. in case of a youthful offender held for physical and mental examination. No. without prejudice to the continuation of the trial or the proceedings on appeal. Bail. where filed WHERE BAIL IS FILED: 1. In the absence or unavailability of the judge thereof. under the circumstances provided in RA No. a light.Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 RECOGNIZANCE It is an obligation of record. Bail. MTJ-97-1139 (1997) THE FOLLOWING ARE CASES WHERE THE COURT MAY ORDER THE RELEASE ON RECOGNIZANCE OF ANY PERSON UNDER DETENTION a. Section 17. pending resolution of the case but no bail was filed or the accused is incapable of filing one d. shall be released on a reduced bail or on his own recognizance at the discretion of the court. Where bail is a matter of discretion or the accused seeks to be released on recognizance. If the accused was arrested in a province. 2. THE LAW OR BAIL IS NOT REQUIRED RULES PROVIDE: 1. May be filed with the court where the case is pending.D. where a person has been in custody for a period equal to or more than the minimum of the imposable principal penalty. in which case he may be released on his own recognizance. the application can be made with and resolved by the appellate court. it may only be filed in the court where the case is pending. The release of the accused may be on his own recognizance. with the regional trial judge or any inferior court judge in the province.000 under RA 6036. and his act of releasing him on bail Page 198 of 289 . light felony or criminal offense the imposable penalty does not exceed 6 months of imprisonment and/or fine of P2. if unable to furnish bail and under the circumstances provided by P. where the accused has applied for probation. 3. Jovellanos. 6036 b. or a criminal offense. 603. with any inferior court judge therein. 603 as amended. when not required. It may be to a responsible person. as amended. or 2. trial or appeal. city or municipality.
HOW SURETIES MAY BE RELIEVED FROM RESPONSIBILITY OVER THE ACCUSED: 1. When bail bond forfeited: • only in instances where the presence of the accused is specifically required by the court or the Rules of Court and. • Failure to PRODUCE the body of the principal or give a reason for his nonproduction and EXPLAIN why the accused did not appear before the court when first required to do so. Amparo. or 4. Section 18. Forfeiture of bail 1. Upon acquittal of the accused. provided the amount is not excessive. Upon application of the bondsmen with due notice to the prosecutor. Execution may issue at once. Section 19. Arrest the principal and deliver him to the proper authorities. It is a appealable judgment ultimately determining the liability of the surety thereunder and therefore final. upon good cause. An officer who fails or refuses to release him from detention notwithstanding the approval by the proper court of his bail bond may be held liable under Art. Execution of judgment of conviction. Section 22. the court shall render a judgment against the bondsmen. Release on bail Upon approval of the bail by the judge. upon surrender of the accused or proof of his death.Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 constitutes ignorance of law which subjects him to disciplinary sanction. Page 199 of 289 . To justify TIFF exemption liability on a bail are needed to see from this picture. Arrest of accused out on bail The bondsmen who put the bail bond for the accused become the jailers and they or the police officer to whom authority is endorsed may arrest the accused for the purpose of surrendering him to the court. the accused must be discharged. NOTE: Where the offense is bailable. the accused fails to appear in person as so required. It is not order of forfeiture. Upon dismissal of the case. • Without prejudice to any liability on the bail. QuickTime™ and a (Uncompressed) decompressor 2. • The period of 30 days cannot be shortened by the court but may be extended for good cause shown. Notice of application to prosecutor Court to give reasonable notice of the hearing to the prosecutor or require him to submit his recommendation. (Sy Guan v. The remedy is to increase the amount of bail. Section 20. If the accused does not give the increased amount of bail within a reasonable time will be committed to custody. jointly and severally for the amount of the bail. The accused cannot leave the country without the permission of the bondsmen and the court. two requisites must be satisfied: • production or surrender of the person of the accused within 30 days from notice of the order of the court to produce the body of the accused or giving reasons for its nonproduction • satisfactory explanations for the nonappearance of the accused when first required by the trial court to appear. 126 if the Revised Penal Code for delaying release. 79 Phil 670) Section 21. 2. either increase or reduce the amount of the bail. Order of Confiscation ORDER OF ORDER OF FORFEITURE CONFISCATION Conditional and Not independent of the interlocutory. bond or reduction thereof. Order of Forfeiture vs. despite due notice to the bondsmen to produce him before the court on a given date. ¾ Compliance with the first requisite without meeting the second requisite will not justify non-forfeiture of a bail bond or reduction of liability. Cancellation of bail BAIL IS CANCELLED: 1. Section 23. the mere probability that the accused will escape or if he had previously escaped while under detention does not deprive him of his right to bail. Increase or reduction of bail The Court may. 3.
Procedural – based on the principle that a court hears before it condemns. or 2.Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 2. The conviction should be based on the strength of the prosecution and not on the weakness of the defense. Rights of accused at trial A. 1997 limits the authority to issue hold departure orders to the RTCs in criminal cases within their exclusive jurisdiction. EQUIPOSE RULE Page 200 of 289 . QuickTime™ and a (Uncompressed) decompressor city or municipal TIFF jails and the prisoners within their are needed to see this picture. Requirement of notice and hearing. • The court shall observe the matter as early as practicable. They may cause the arrest of the accused to be made by any police officer or other person of suitable age or discretion. Challenging the validity of his arrest. Neither does he have authority to cancel one which he issued. Consequently. or 3. Court supervision of detainees The court shall exercise supervision over all persons in custody for the purpose of eliminating unnecessary detention. Substantive – considers the intrinsic validity of the law 2. The legality of the warrant issued therefore. EXCEPTION: When he has applied for probation before commencing to serve sentence. Bail is not a bar to objections on illegal arrest. TO BE PRESUMED INNOCENT In all criminal prosecutions. The application for probation must be filed within the period of perfecting an appeal. From assailing the regularity or questioning the absence of a preliminary investigation of the charge against him. an accusation is not synonymous with guilt. REASONABLE DOUBT It is the doubt engendered by an investigation of the whole proof and inability. The executive judges of RTCs shall conduct monthly personal inspections of provincial. which are both constitutional as well as statutory. RULE 115 RIGHTS OF ACCUSED The rule enumerates the rights of a person accused of an offense. Absolute certainty of guilt is not demanded by the law to convict of any criminal charge but moral certainty is required as to every proposition of proof requisite to constitute the offense. 39-97 dated June 19. following the maxim. respective jurisdictions. but not later than the start of the trial of the case. HOLD-DEPARTURE ORDERS Supreme Court Circular No. Such filing operates as a waiver of the right to appeal. MTC judges have no authority to issue hold-departure orders. the accused is presumed innocent until the contrary is proved beyond reasonable doubt. the penalty and the offense being within the purview of the Probation Law. An accused released on bail may be re-arrested without the necessity of a warrant if he attempts to depart from the Philippines without permission of the court where the case is pending. Section 26. to let the mind rest easy upon the certainty of guilt. Section 25. Section 24. express mention implies the exclusion. • Provided that the accused raises them before entering his plea. Section 1. after such investigation. lack of or irregular preliminary investigation AN APPLICATION FOR ADMISSION TO BAIL SHALL NOT BAR THE ACCUSED FROM: 1. REASON: the slightest possibility of an innocent man being convicted for an offense he has not committed for an offense he has not committed would be far more dreaded than letting a guilty person go unpunished or for a crime he may have perpetrated. By endorsing the authority to arrest upon a certified copy of the undertaking and delivering it to such officer or person. as what is left is for him to serve the sentence. No bail after final judgment. EXCEPTION TO THE EXCEPTION: The accused shall not be allowed to be released on bail after he has commenced to serve his sentence. 3. exception GENERAL RULE: No bail shall be allowed after the judgment has become final. save the right to appeal which is purely statutory in character DUE PROCESS 1.
REQUIREMENTS FOR TRIAL IN ABSENTIA 1. he has been duly notified of the trial 3. 1b. when ordered by the court for purposes of identification Not applicable in the SC and CA The law securing to an accused person the right to be present at every stage at the proceedings has no application to the proceedings before the CA and the SC nor to the entry and promulgation of the judgments. the court can decide without the evidence of the accused Trial in Absencia It is important to state that the provision of the Constitution authorizing the trial in absentia of the accused in case of his non-appearance AFTER ARRAIGNMENT despite due notice simply means that he thereby waives his right to meet the witnesses face to face. People v. the person who invokes self defense is presumed guilty. The defendant need not be present during the hearing of the appeal. EFFECTS OF WAIVER OF THE RIGHT TO APPEAR BY THE ACCUSED 1. EXCEPTIONS INNOCENCE TO THE PRESUMPTION OF 1. However. Promulgation of judgment EXCEPT when the conviction is for a light offense. C. Jr. 63 SCRA 546 (1975) The accused may waive his right to be present during the trial. The qualifying or aggravating circumstances must be ALLEGED and PROVED in order to be considered by the court. waiver of the right to present evidence 2. in which case. PROVIDED that the lesser offense is a cognate offense and is included in the complaint filed in court. his failure to appear is unjustified Gimenez v. accused has been arraigned 2. To convict him of an offense other than that charged in the complaint or information would be a violation of this constitutional right. 160 SCRA 1 (1988) an escapee who has been duly tried in absentia waives his right to present evidence on his own behalf and to confront and cross-examine witnesses that have testified against him. TO BE PRESENT AND DEFEND IN PERSON AND BY COUSEL AT EVERY STAGE OF THE PROCEEDING PRESENCE OF THE ACCUSED IS REQUIRED QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. TO BE INFORMED OF THE NATURE AND THE CAUSE OF THE ACCUSATION AGAINST HIM The right requires that the information should state the facts and the circumstances constituting the crime charged in such a way that a person of common understanding may easily comprehend and be informed of what it is about. B. 92 Phil 856 (1953) The legislature may enact that when certain facts have been proved. 276 SCRA 166 (2003) An accused may not be convicted of an offense unless it is clearly charged in the complaint or information. Military Commission. Mingoa. In cases of self defense. it may be pronounced in the presence of his counsel or representative. prosecution can present evidence if the accused fails to appear 3. among others. they shall be prima facie evidence of the existence of guilt of the accused and shift the burden of proof provided there be a rational connection between the facts proved and the ultimate fact presumed so that the inference of the one from proof of the other is not unreasonable and arbitrary experience. During arraignment (Sec. Page 201 of 289 . The accused may waive his right but not his duty or obligation to the court. Rule 124) Aquino. Nazareno. Ortega. but does show that he is guilty of some other crime or a lesser offense. the court may sentence him for the lesser offense. People v. v. his presence may be compelled when he is to be identified. Such waiver of a right of the accused does not mean a release of the accused from his obligation under bond to appear in court when so required. In this case a REVERSE TRIAL will be held. (Sec.Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 where the evidence of the parties in a criminal case are evenly balanced. the constitutional presumption of innocence should tilt in favor of the accused who must be acquitted. When a person is charged in a complaint with a crime and the evidence does not show that he is guilty thereof. Rule 116) 2. 3. 9.
Servo. CA. Page 202 of 289 . The right covers the period beginning from the custodial investigation. not because he is guilty but because he does not know how to establish his innocence. The accused may defend himself in person only if the court is convinced that he can properly protect his rights even without the assistance of counsel. Escalante. 743 (1917) If the question is not raised in the trial court. Jurisprudence provides that the defendant cannot raise the question of his right to have an attorney the first time on appeal. His failure to testify will not be taken against him but his failure to present evidence in his behalf shall be taken against him (US v. 145 SCRA 357 (1986) The mistake of counsel will bind his client. CA. 6.Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 D. a person may be convicted. even on appeal CUSTODIAL INVESTIGATION It is the questioning by law enforcement officers of a SUSPECT taken into custody or otherwise deprived of his freedom of action in a significant way. 515 (1951) the question will not be considered in the appellate court for the first time when the accused fails to raise it in the lower court.. People v. US v. (RA 7437) People v. Santiago. 88 Phil. defend the accused. Serzo. 274 SCRA 553) Waiver of Right to Counsel This is when the accused voluntarily submits himself to the jurisdiction of the court and proceeds with his defense. During trial – the right to counsel means EFFECTIVE counsel. TO TESTIFY AS A WITNESS IN HIS OWN BEHALF People v. comes and goes. Bay. Jr. 46 Phil 734 (1922) A denial of the defendant’s right to testify on his own behalf would constitute an unjustifiable violation of his constitutional right. Custodial Investigation – stricter requirement. If the accused testifies. (People v. Rule 116) DIFFERENCE BETWEEN THE RIGHT TO COUNSEL DURING CUSTODIAL INVESTIGATION ANF DURING THE TRIAL A. Nang Kay. Rule 132). Counsel is here not to prevent the accused from QuickTime™ and a confessing but to TIFF (Uncompressed) decompressor are needed to see this picture. 97 SCRA 495). unlike an ordinary witness who can be crossexamined as to any matter stated in the direct examination or connected therewith (Section 6. Morial. it includes the practice of issuing an “invitation” to a person who is investigated in connection with an offense he is suspected to have committed. (People v. Delgado v. The duty of the court to appoint a counsel de oficio when the accused has no legal counsel of choice and a desire to employ one is MANDATORY only at the time of ARRAIGNMENT (sec. 274 SCRA 553) the right to counsel can be invoked at any stage of the proceedings. Since a custodial investigation is not done in public there is a danger that confessions can be exacted against the will of the accused. one who is not a member of the bar and one who declines for a valid reason such as conflict of interest. The right to counsel is NOT ABSOLUTE. The only exception is when the counsel represents himself as a lawyer and is not one because in that case the accused is denied of his right to counsel and due process. he may be cross-examined ONLY on matters covered by his direct examination. it requires the presence of competent and independent counsel who is preferably the choice of the accused. E. The right to counsel and the right to remain silent do not cease even after a criminal complaint/information has already been filed against the accused AS LONG AS he is still in custody. the prosecution may go to trial. well into the rendition of the judgment and even on appeal. it subject to being exercised within a reasonable time and manner (Laranaga v. 36 Phil. 363 SCRA 96 (2001) If during the investigation the assisting lawyer leaves. RIGHT TO COUNSEL Importance: Without the aid of counsel. 281 SCRA 254) he cannot insist on one that he cannot afford. B. the statement signed by the accused is still inadmissible because the lawyer should assist his client from the time the confessant answers the first question asked by the investigating officer until the signing of the extrajudicial confession.
The accused in protected under this rule from questions that tend to incriminate him. the defense of the accused is an alibi and he does not testify. right to not have any prejudice whatsoever result to him by such refusal 3.the accused is more likely to commit perjury. while testifying the right to refuse a specific question which tends to incriminate him for some other crime. EXCEPTION: Unfavorable inference is drawn when: 1. the right to testify on his own behalf subject to cross-examination by the prosecution 4. 23 Phil. RA 1379 (Forfeiture of illegally obtained wealth) 2. TRANSACTIONAL IMMUNITY Witness immune from prosecution of a crime to which his compelled testimony relates. involves a prohibition against testimonial compulsion only and the production by the accused of incriminating documents and articles demanded off him. if the accused testifies in his own behalf. G. Tan Teng. RIGHT AGAINST SELF-INCRIMINATION The scope of this right covers only testimonial compulsion only and not the compulsion to produce real and physical evidence using the body of the accused. right not to be subjected to force or violence or any other means which vitiate free will 4. right to have the evidence obtained in violation of these rights rejected After the case is filed in court: 1. accused may refuse to take the witness stand and refuse to answer any and all questions.Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 The testimony of an accused who testifies on his own behalf but refuses to be cross examined will not be given weight and will have no probative value because the prosecution will not be able to test its credibility. DNA TESTING is not covered in the right against self-incrimination RATIONALE FOR PROTECTING THE RIGHT AGAINST SELF INCRIMINATION: 1. RIGHTS OF THE ACCUSED IN THE MATTER OF TESTIFYING OF PRODUCING EVIDENCE Before the case: 1. USE IMMUNITY Witness’ compelled testimony and the fruits thereof cannot be used in subsequent prosecution of a crime against him Witness can still be prosecuted but the compelled testimony cannot be used against him. F. RA 749 – Bribery and Graft cases RIGHT OF THE ACCUSED V. 2. the prosecution has already established a prima facie case. But he MAY refuse to answer any question incriminating him for an offense distinct from that for which he is charged. the interference is that the alibi is not believable. practical reasons. then he may be cross-examined as any other witness. RIGHT OF AN ORDINARY WITNESS The ordinary witness may be compelled to take the witness stand and claim the privilege as each and QuickTime™ and a TIFF (Uncompressed) decompressor every incriminating question is thrown at him while an are needed to see this picture. Right to remain silent and to counsel 3. He may NOT on cross examination refuse to answer any question on the ground that the answer he will give or the evidence that he will produce would have the tendency to incriminate him for the crime that he was charged. The privilege of the accused to be exempt from testifying as a witness. The right may be waived by the failure of the accused to invoke the privilege at the proper time. RIGHT TO CONFRONT AND CROSS EXAMINE WITNESSES AGAINST HIM AT TRIAL (RIGHT OF CONFRONTATION) Page 203 of 289 . the accused must present proof to overturn the evidence 2. witness cannot be prosecuted at all Effect of Refusal of Accused to Testify GENERAL RULE: Silence should not prejudice the accused. (US v. Right to be informed 2. that is AFTER the incriminating question is asked and BEFORE his answer. However. right to refuse to be a witness 2. humanitarian reasons. 145) EXCEPTIONS: immunity statutes such as: 1. The accused may also refuse to answer on his past criminality only if he can still be prosecuted for it. which means those that may subject him to penal liability. to prevent the state from using its coercive powers.
a judge must not be only pure but beyond suspicion. Accused would be entitled to relief in a mandamus proceeding to compel the dismissal of the information. If it is done in the judges chambers. unavailable or otherwise unable to testify. AND Impartial Trial Due process requires a hearing before an impartial and disinterested tribunal and that every litigant is entitled to nothing less that the cold neutrality of an impartial judge. It is implied when the accused waives his right to be present at trial or when he was given the opportunity but fails to take advantage of it. length of the delay Page 204 of 289 . 58 SCRA 776) Public Trial One held open or publicly. He should ask for the trial of the case. 170 SCRA 143) REMEDIES AVAILABLE TO THE ACCUSED WHEN HIS RIGHT TO A SPEEDY TRIAL IS VIOLATED 1. H. Rules on Speedy Trial The limitation of this right is that the State must not be deprived of its day in court and the right of the State and the prosecution of due process must be respected. out of or with due diligence cannot be found in the Philippines. It is done in public to prevent abuses that may be committed by the court and the accused is entitled to moral support from his friends and relatives. involving the same parties and subject matter. 88 Phil. ask for the trial of the case and then move to dismiss (Gandicela v. If a witness refuses to testify when required is in contempt of court. I. prejudice to the accused resulting from the delay. FACTS CONSIDERED TO DETERMINE IF RIGHT TO SPEEDY TRIAL HAS BEEN VIOLATED 1. Sec 47) In any criminal proceeding. b. IMPARTIAL QuickTime™ and a TIFF (Uncompressed) decompressor PUBLIC TRIAL are needed to see this picture. (Rule 130. WAIVER OF RIGHT TO CONFRONTATION a. the accused’s assertion or non assertion of the right 4. VIllaluz. v. 52 SCRA 143) it is sufficient that relatives and friends who want to watch the proceedings are given the opportunity to witness the proceedings. Jr. By way of exception to this rule. (Mateo. (Solis v. There is NO violation of the right where the delay is imputable to the accused. 3.” (Palang v. Lutero. Declaro. and the witness may identify the accused. 2. given in another proceeding. RIGHT TO A SPEEDY. 50 SCRA 180) “Like Caesar’s wife. Domingo. it is still valid because 2. Zosa. Agloro. 64 SCRA 370) The right to a speedy trial is violated when there are UNJUSTIFIED postponements (People v. The main purpose of this right to confrontation is to secure the opportunity of cross examination and the second purpose is to enable the judge to observe the demeanor of the witness. the defendant enjoys the right to have compulsory process to secure the attendance of witnesses and the production of evidence on his behalf. 790) The right to a speedy trial is intended to avoid oppression and to prevent delay by imposing on the courts and on the prosecution an obligation to proceed with reasonable dispatch. the adverse party having had the opportunity to crossexamine him. 4. reason for the delay 3. The court may order a witness to give bail or to be arrested. May be done expressly or impliedly. not the dismissal. anyone interested in observing the way the judge conducts his proceedings in a courtroom may do so (Garcia v. and this must take place in the presence of the court having jurisdiction to permit the privilege of cross examination. RIGHT TO COMPULSORY PROCESS This is the right of the accused to have a subpoena and/or a subpoena duces tecum issued in his behalf in order to compel the attendance of witnesses and the production of other evidence. it is provided that the court may utilize as part of its evidence the testimony of a witness who is deceased. judicial or administrative.Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 CONFRONTATION It is the act of setting a witness face to face with the accused so that the latter may make any objection he has to the witness. Unreasonable delay of the trial of a criminal case as to make the detention of the defendant illegal gives ground for habeas corpus as a remedy for obtaining release as to avoid detention for a reasonable period of time.
in open court where the complaint or information has been filed or assigned for trial 2. how made HOW ARRAIGNMENT IS MADE: 1. asking accused whether he pleads guilty or not guilty When Arraignment Should be Held Page 205 of 289 NOTE: such may no be reviewed by the CA. Ang Gioc. 3. Section 1. 179 SCRA 800 (1989) Anyone who seeks to exercise the right to appeal must comply with the requirements of the rules. Waiver of Right to Appeal The right to appeal is personal to the accused and it may be waved either expressly or by implication. those governed by the Rules on Summary Procedure 2. 00-5-03 SC) Ozaeta v. (Garcia v. evidence to be produced is offensive to decency or public morals 2. When Shall Trial Commence After Arraignment Within 30 days from arraignment. 366 (1941) When the accused flees. Domingo. by the judge or clerk of court 3. reading it in a language or dialect known to the accused 5. The EXCEPTIONS: 1. RIGHT TO APPEAL ON ALL CASES ALLOWED BY LAW AND IN THE MANNER PRESCRIBED BY LAW The right to appeal from a judgment of the conviction is fundamentally of statutory origin. 4. 80 days for the third 12 month period RULE 116 ARRAIGNMENT AND PLEA ARRAIGNMENT It means for bringing the accused into court and informing him of the nature and cause of the accusation against him. No. HOWEVER. THE SPEEDY TRIAL ACT OF 1998 (RA 8493) DUTY OF THE COURT AFTER THE ARRAIGNMENT OF THE ACCUSED The court SHALL order a pre-trial conference to consider the following: . such right cannot be waived as the review of the judgment by the SUPREME COURT is automatic and mandatory (A. To warrant the finding of prejudicial publicity. 74 Phil. Arraignment and plea. after the case has bee submitted to court for decision. by furnishing the accused with a copy of the complaint or information 4. 120 days for the second 12 month period 3. plea bargaining stipulation of facts marking and identification of evidence waiver of objections to admissibility of evidence 5. Pervasive publicity is no per se as prejudicial to the right to a fair trial. It is not a matter of absolute right that is independent of constitutional or statutory provisions allowing such appeal. where the penalty prescribed by law does NOT exceed 6 months imprisonment or a fine of P1. 249 SCRA 54) J. those authorized by the Chief Justice of the SC Period of Arraignment of Accused Within 30 days from the filing of the information. he will be deemed to have waived his right to appeal from the judgment QuickTime™ and a rendered against TIFF him (Uncompressed) decompressor are needed to see this picture. it may be extended BUT only: 1. 2.Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 the public is not excluded. there must be allegations and proof that judges have been unduly influenced. upon motion of the accused (Section 21. or from the date the accused appealed before the justice/judge/court in which the charge is pending. 1. 52 SCRA 143) EXCLUSION OF THE PUBLIC IS VALID WHEN: 1.M. Otherwise the right to appeal is lost People v. (People v. HOWEVER. however the rule is not absolute. such other matters as will promote a fair and expeditious trial Time Limit for Trial in Criminal Cases Shall not exceed 180 days from the first day of trial. not simply that they might be due to the barrage of publicity. whichever date last occurs. Rule 119) Rule on Trial by Publicity The right of the accused to a fair trial is NOT incompatible to free press.000 or both 3. for the 180 days for the first 12 calendar month period from the effectivity of the law 2. Teehankee. where the death penalty is imposed. CA.
subsequent arraignment will cure the error provided that the QuickTime™ and a accused was able TIFF (Uncompressed) decompressor are needed to seeand this picture. Plea of guilty to a lesser offense PLEA BARGAINING It is process whereby the accused. the offended party and the prosecution work out a mutually satisfactory disposition of the case subject to the court’s approval. Presence of Offended Party The private offended party is required to appear in the arraignment for the purpose of plea bargaining. the accused may still be allowed to plead guilty to a lesser offense after withdrawing his previous plea of not guilty. When accused so pleaded 2. where the complainant is about to depart from the Philippines with no definite date of return. When he makes a conditional or qualified plea of guilt (Ex. When he pleads guilty but presents exculpatory evidence (ex. Evidence to prove complete self-defense) NOTE: if the accused who pleaded guilty presents exculpatory evidence. Section 2. i.e. Accused pleads guilty but adds “pero hindi ko sinasadya”) 4. violations of the Intellectual Property Rights Law.Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Accused should be arraigned within 30 days from the date the court acquires jurisdiction over his person. Plea to Lesser Offense During Arraignment During arraignment.. Cases under the Dangerous Drugs Act 5. to present evidence cross-examine the witnesses of the prosecution during trial. otherwise there shall be no standing plea for the accused. the accused should be arraigned without delay (RA 4908) 3. determination of civil liability and other matters requiring his presence. When an accused is under preventive detention. When the plea is indefinite or ambiguous 5. The time of the pendency of a motion to quash or a bill of particulars or other causes justifying suspension of arraignment shall be excluded in computing the period. his plea of guilty is withdrawn. the trial court may allow the accused to plead guilty to a lesser offense necessarily included in the offense charged with the conformity of the trial prosecutor alone. unless a shorter period is provided for by law. heinous crimes. judgment is void if accused has not been validly arraigned • If accused went into trial without being arraigned. these cases must be tried continuously until terminated within 60 days from commencement of the trial and to be decided within 30 days from the submission of the case Notes on Arraignment: • Trial in absentia may be conducted only after valid arraignment • Accused must personally appear during arraignment and enter his plea (counsel cannot enter plea for accused) • Accused is presumed to have been validly arraigned in the absence of proof to the contrary • Generally. In case the offended party fails to appear despite due notice. except when the plea of guilty to a lesser offense is without the consent of the offended party and the prosecutor. No Page 206 of 289 . Cases under SC AO 104-96. When he refuses to plead 3. the accused cannot invoke double jeopardy later on. Cases under RA 7610 (Child Abuse Act). his case should be raffled within 3 days from filing and accused shall be arraigned within 10 days from receipt by the judge of the records of the case (RA 8493 Speedy Trial Act) 2. WHEN A PLEA OF “NOT GUILTY” SHOULD BE ENTERED: 1. WHEN ARRAIGNMENT IS HELD WITHIN A SHORTER PERIOD: 1. the accused may enter a plea of guilty to a lesser offense PROVIDED there is consent of the offended party AND of the prosecutor to the plea of guilty to a lesser offense that is necessarily included in the offense charged. This is significant because if there is no standing plea. The judge must order the accused to plead again or at least direct that a new plea of “not guilty” be entered for him. the trial shall be commenced within 3 days from arraignment 4. Plea to Lesser Offense After Arraignment but Before Trial After arraignment but BEFORE trial. it usually involves the defendant’s pleading guilty to a lesser offense or to only one or some of the counts of a multi-count indictment in return for a lighter sentence than that for the graver charge. It precludes the filing and prosecution of the offense originally charged in the information.
a change of plea to a lesser offense may be granted by the judge. ELEMENTS OF “SEARCHING INQUIRY” 1. If the plea of guilty to a lesser offense is made without the consent of the prosecutor and the offended party. the court may allow the accused to plead guilty to a lesser offense with the conformity of the trial prosecutor alone Section 3. a plea of guilty is an unqualified admission of the crime and of the attending circumstances (aggravating and/or qualifying) alleged in the complaint. discretionary Consequences of Plea of Guilty As a rule. the court may. allow the presentation of evidence to prove aggravating and mitigating circumstances. Plea of guilty to capital offense. Plea of guilty to non-capital offense. Inform the accused of the exact length of imprisonment and the certainty that he will serve it in a national penitentiary Effects of Improvident Plea The conviction will be set aside if the plea of guilty is the sole basis for the judgment. the reception of evidence is merely discretionary on the part of the court. ask the accused if he desires to present evidence in his behalf and allow him to do so if QuickTime™ and a (Uncompressed) decompressor he desires TIFF are needed to see this picture. DUTY OF THE COURT WHEN ACCUSED PLEADS GUILTY TO A CAPITAL OFFENSE: 1. the conviction of the accused shall not be a bar to another prosecution for an offense which necessarily includes the offense charged in the former information (No double jeopardy). for there is no rule which provides that simply because the accused pleaded guilty to the charge that his conviction automatically follows. reception of evidence. which would amount to a withdrawal of his plea of not guilty. Section 5. if what the accused would prove is an exempting circumstance. Additional evidence independent of the plea may be considered to convince the judge that it was intelligently made. But if the case involves a capital offense. If the information or complaint is sufficient for the judge to render judgment on a non-capital offense. the accused must be acquitted. Section 4. Such plea removes the necessity of presenting further evidence and for all intents and purposes the case is deemed tried on its merits and submitted for decision. Plea to Lesser Offense After Trial has Begun After the prosecution has rested its case. with the approval of the prosecutor and the offended party if the prosecution does not have sufficient evidence to establish the guilt of the accused for the crime charged. For non-capital offenses. upon motion. However. However. Presence and Consent of the Offended Party The consent of the offended party is necessary before the accused may be allowed to plead guilty to a lesser offense. require prosecution to present evidence to prove the guilt and precise degree of culpability of the accused 3. Judge must convince himself that accused is entering the plea voluntarily and intelligently 2. Judge must convince himself that there exists a rational bass for the finding of guilt based on accused’s testimony 3. the reception of evidence to prove the guilt and degree of culpability of the accused is mandatory.Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 amendment to the complaint or information is necessary. The judge cannot on its own grant the change of plea. However. Withdrawal of improvident plea of guilty INSTANCES OF IMPROVIDENT PLEA: Page 207 of 289 . the court may validly convict the accused if such conviction is supported by adequate evidence of guilt independent of the plea itself. If the accused is permitted to present evidence after his plea of guilty to a non-capital offense and such shows that the accused is not guilty of the crime charged. he may do so. If the offended party fails to appear during arraignment. reception of evidence IMPROVIDENT PLEA It is a plea without information as to all the circumstances affecting it. based upon a mistaken assumption or misleading information or advice. Conduct a searching inquiry into the voluntariness and full comprehension of the consequences of the plea 2. The trial court may allow an accused to plead guilty and at the same time allow him to prove other mitigating circumstances.
not a motion to quash. Moreover. the court has an affirmative duty to inform the accused of his right to counsel and to provide him with one in case he cannot afford it. Insufficient information to sustain conviction of the offense charged 4. The motion for bill of particulars must contain (1) the alleged defects in the complaint or information and (2) details desired. court must ask the defendant if he desires to have the aid of an attorney 3. whether a motion to quash or a bill of particulars has to be filed. the court must assign an attorney de oficio to defend him 4. Court has no jurisdiction When Improvident Plea may be Withdrawn At any time before judgment of conviction becomes final. 9 of Rule 116. The reason for this is that trial has already begun and the withdrawal of the plea will change the theory of the case and put all past proceedings to waste. Such members of the bar in good standing who can competently defend the accused Page 208 of 289 . etc. reasonably time to arraignment is 30 mins to 1 hour prepare for NOTE: Counsel for the accused must expressly demand the right to be given reasonable time to consult with the accused. 103 Phil 504 (1958) The withdrawal of a plea of guilty is not a matter of right to the accused but of sound discretion to the trial court. During trial. the court must grant him reasonable time to do so • Failure to comply with this 4-fold duty amounts to a violation due process QuickTime™ and a Section 7. at this point. COUNSEL DE OFICIO He is counsel appointed by the court to represent and defend the accused in case he cannot afford to employ one himself WHO MAY BE APPOINTED COUNSEL DE OFICIO: 1. The remedy against an information that fails to allege the time of the commission of the crime with sufficient definiteness is a bill of particulars. it is the accused who must assert his right to counsel. Appointment of counsel de oficio TIFF (Uncompressed) decompressor are needed to see this picture. any resident of the province of good repute for probity and ability. the court may permit and improvident plea of guilty to be withdrawn and be substituted by a plea of not guilty People vs Lambino. Time for counsel de oficio to prepare for arraignment What Constitutes “Reasonable Time” It depends on the circumstances surrounding the case such as the gravity of the offense. Only when so demanded does denial thereof constitute reversible error and a ground for new trial. Duty of the Court to Appoint Counsel During Arraignment vs During Trial During arraignment.Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 1. Information does not charge an offense 5. If the accused desires to procure an attorney of his own. In localities where such members of the bar are not available. Bill of Particulars Rules for Bill of Particulars Accused must move for a bill of particulars BEFORE arraignment to enable him to properly plead and prepare for trial. complexity of the allegations. there is a presumption that the plea was made voluntarily. Section 8. Duty of court to inform accused of his right to counsel 4-FOLD DUTY OF COURT WHEN ACCUSED APPEARS WITHOUT COUNSEL: 1. Generally. After informing him. Inform the defendant that he has a right to an attorney before being arraigned 2. The court will not act unless the accused invokes his rights. If he desires but is unable to employ one. reasonable time to prepare for trial is 215 days Generally. Section 9. Rule 12 on Bill of Particulars applies by analogy to Bill of Particulars as provided in Sec. otherwise it is deemed waived. Accused did not fully understand the meaning and consequences of his plea 3. The court must act on its own volition unless the right is waived by the accused. Plea of guilty was compelled by violence or intimidation 2. Section 6. 2.
There is a petition for review pending before the DOJ or Office of the President. which is the dismissal of the case. liberty and property of the are needed to see this picture. Time to move to quash QUASHAL VS. Furnish evidentiary information whether such information consists of evidence which the pleader proposes to introduce or of facts which constitute a defense or offset for the other party or which will enable the opposite party to establish an affirmative defense not yet pleaded. It is not an acquittal. copy or photograph any evidence of the prosecution in its possession after obtaining permission of the court. RULE 117 MOTION TO QUASH Section 1. Section 10. it is not a final disposition of the case. (3) that the offense or penalty has prescribed. c. There is nothing in the rules which authorizes the court or judge to motu proprio initiate a MTQ by Page 209 of 289 . 9. The purpose of such right is to prevent surprises to the accused and the suppression or alteration of evidence. A nolle prosequi is a dismissal of the criminal case by the government before the accused is placed on trial and before he is called to plead. Set forth the pleader’s theory of his cause of action or a rule of evidence on which he intends to rely. A nolle prosequi is initiated by the prosecutor while a quashal of information is upon motion to quash filed by the accused. (2) that the court has no jurisdiction over the offense charged. no MTQ can be entertained by the court.Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 IT IS NOT THE OFFICE OF THE BILL OF PARTICULARS TO: a. although both have one result. If the motion is granted. If the motion is denied. or to state a cause of action or defense other than the one stated. Right to File MTQ Belongs Only to the Accused. It authorizes the defense to inspect. however the period of suspension shall not exceed 60 days counted from the filing of the petition for review. EXCEPTION: Under Sec. Such right is available even during preliminary investigation when such is necessary to protect the QuickTime™ and a TIFF (Uncompressed) decompressor constitutional right to life. This means that a MTQ may still be filed after arraignment on the ground (1) that the facts alleged in the information charge no offense. There exists a prejudicial question 2. the moving party has the remaining period or at least 5 days to file his answer from service of the bill of particulars. It partakes of the nature of a nonuser or discontinuance in a civil suit and leaves the matter in the same condition in which it was before the commencement of the prosecution. he has the same period to file his responsive pleading from receipt of the order denying the motion. Thereafter. Supply material allegation necessary to the validity of a pleading b. Rule 117. which adopts the omnibus motion rule. or (4) that the doctrine of double jeopardy precludes the filing of the information. d. Change a cause of action or defense stated in the pleading. Section 11. Suspension of arraignment GROUNDS FOR SUSPENSION 1. Production or inspection of material evidence in possession of prosecution Right to Modes of Discovery Right of the accused to move for the production of material evidence in the possession of the prosecution. NOLLE PROSEQUI: The quashal of the complaint or information is different from a nolle prosequi. The filing of a motion for bill of particulars suspends the period to file a responsive pleading. and it does not bar a subsequent prosecution for the same offense. Accused appears to be suffering from an unsound mental condition which renders him unable to understand the charge against him and to plead intelligently thereto. accused. with the approval of the court in the exercise of its judicial discretion. 3. Time to File Motion to Quash GENERAL RULE: A motion to quash (MTQ) may be filed by the accused at any time before the accused enters his plea.
Absolute pardon 7. Justifying circumstances such as selfdefense or defense of a stranger is a matter of defense that must be proven in trial. The trial court should limit its inquiry to: • the averments in the information (these are deemed hypothetically admitted). If this is the ground for dismissing the case. Commutation of sentence 3. Legal Excuse or Justification The term “legal excuse or justification” only includes exempting circumstances and NOT justifying circumstances. Amnesty 3. would constitute a legal excuse or justification 9. and • Indubitable facts. double jeopardy NOTE: the grounds enumerated in this section are the EXCLUSIVE grounds for a MTQ. It must be signed by the accused OR his counsel 3. Grounds GROUNDS FOR MOTION TO QUASH 1. Form and contents REQUIRED FORM OF MTQ 1. It must specify the factual and legal grounds on which it is based. Information contains averments which. as stated in Art 344 of the RPC 4. an offense is to determine WON all the essential elements of the crime have been alleged. the court cannot consider any other ground other than those specifically stated in the motion to quash.Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 issuing an order requiring why the information may not be quashed on the ground stated in said order. if true. Facts Alleged Do Not Constitute an Offense QuickTime™ and a TIFF (Uncompressed) decompressor The test to determine if the facts charged constitute are needed to see this picture. liability therefor is extinguished only if death occurs before final judgment 2. Death of the accused. EXCEPT when the ground for quashal is lack of jurisdiction over the offense charged. Facts charged do not constitute an offense 2. Allowances earned for good conduct while serving sentence AMNESTY Given for political crimes Given to a class of persons Needs concurrence of Congress Beneficiary need not PARDON Given for common crimes Given to an individual Concurrence of congress not needed Distinct acts of Page 210 of 289 The fact that the allegations in the complaint or information are vague or broad. Court trying the case has no jurisdiction over the offense charged 3. Marriage of the offended woman. NOTE: Generally. Service of sentence 6. is not generally a ground for a motion to quash. otherwise the information filed by him would be invalid and can be quashed on such ground Lack of authority of the officer is not cured by silence. Information does not conform substantially to the prescribed form 6. That more than one offense is charged (duplicitous information) 7. Court trying the case has no jurisdiction over the person of the accused 4. but as to pecuniary penalties. HOW CRIMINAL LIABILITY IS EXTINGUISHED 1. Conditional pardon 2. Officer Filing the Information Had No Authority The prosecutor who signed the information must have territorial jurisdiction to conduct the preliminary investigation of the offense. acquiescence or express consent or even by amendment . Prescription of the crime 5. Officer who filed the information had no authority to do so 5. It must be in writing 2. Criminal action or liability has been extinguished 8. Section 2. Section 3. it need not be alleged in the MTQ because it goes into the very competence of the court to pass upon the case. Lack of Jurisdiction over the Person The inclusion of other grounds other than lack of jurisdiction over the person of the accused in an MTQ does not amount to voluntary submission or a waiver of such ground. • facts admitted by the prosecution. the remedy being to file a motion for bill of particulars. Prescription of penalty HOW CRIMINAL LIABILITY IS PARTIALLY EXTINGUISHED 1.
Information does not conform substantially to the prescribed form d. Officer who filed the information had no authority to do so c. Criminal action or liability has been extinguished Page 211 of 289 . within a definite period. and proof of service of the motion upon the adverse party or prosecutor at least 3 days prior to such hearing. If the case is dismissed on such ground. unless he is also in custody on some other charge. the notice of hearing should be addressed to adverse counsel or the prosecutor. 2. However. or if having been made. even after he has entered his plea. Facts charged do not constitute an offense b. The period of a continuing crime’s prescription is counted from the latest or last act constituting the series of acts continuing the single crime. The rule that if the last day falls on a Sunday or a holiday. the information concerning said felony cannot be filed on the next working day. the act can still be done the following day does not apply to the computation of the period of prescription of a crime. if the prosecution fails to amend the complaint or if after the amendment the defect is still not cured. To hold otherwise would be to sanction the circumvention of the law on prescription by the simple expedient of accusing the defendant of the graver offense. If the ground for the motion is either: a. If such order is not made. he cannot be convicted of the lesser offense if it has already prescribed. 3326 which took effect on December 4. The period of prescription does not run when the offender is absent from the Philippines. This is mandatory. duplicitous information The court may order that another information be filed or an amendment thereof be made. Pursuant to Sec. in which the rule is that if the last day in the period of prescription of a felony falls on a Sunday or legal holiday. 1926. covered by the Rule on Summary Procedure. Where an accused has been found to have committed a lesser offense includible within the offense charged. information Amendment of complaint or Rules on Prescription The period of prescription of violation of special laws or offenses not penalized by the Revised Penal Code but by special laws. Section 4. If the motion is based on the following grounds: a.Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 accept (but must admit to being a part of the class granted amnesty) Courts take judicial notice of amnesty (need not be proved in court or may be proven even if not alleged) Abolishes the offense (looks backward) Granted before or after prosecution acceptance needed if pardon is conditional Courts do not take judicial notice of pardon (must be proved in court) Relieves the offender of liability (looks forward) Granted only after conviction the prosecutor at least 3 days before the hearing. as the case may be. TIFF (Uncompressed) decompressor without distinction are as to whether the cases are needed to see this picture. Rule on Contentious Motions Contentious motions in criminal cases must comply with the requirements that they be set for hearing at a specified date with prior notice to the adverse party or If the alleged defect in the complaint or information may be cured by amendment. A good tactical move would be to have the accused first plead to the information and thereafter file a motion to quash either before or after the prosecution has presented its evidence. the MTQ shall be granted. may still move to quash the information on the ground that it does not charge an offense. the prosecution may not be permitted to correct the information because the accused has already pleaded and to allow such amendment may place the accused twice in jeopardy. another information is not filed within the time specified in the order or within such time as the court may order. and municipal ordinances is governed by Act No. 9 of Rule 117. an accused. shall be discharged therefrom. if in custody. Effect of sustaining the motion to quash EFFECTS IF MOTION TO QUASH IS SUSTAINED: 1. the accused. the court shall order the amendment instead of quashing the complaint or information. The prescriptive period of offenses penalized by special laws and ordinances is interrupted only by the filing of complaint or information This is QuickTime™ and a in court. as the offense has by then already prescribed. Section 5.
double jeopardy The court must state. conviction or acquittal under either shall be a bar to another prosecution for the SAME ACT IDENTITY RULE There is identity between two offenses not only when the second offense is exactly the same as the first. in the order granting the motion. valid plea 5. exception GENERAL RULE: An order sustaining a MTQ is not a bar to another prosecution for the same offense EXCEPTIONS: When the ground for the MTQ is any of the following: Page 212 of 289 . Accused should go to trial without prejudice to the special defenses he invoked in the motion 3. Order sustaining the motion to quash not a bar to another prosecution. and interpose the denial of the motion as an error. double jeopardy or liability has been Section 7. 1. the defendant was acquitted. Former conviction or acquittal. acts with grave abuse of discretion. For double jeopardy for the SAME OFFENSE it is Section 6. 3. the certiorari or prohibition will lie. 142 SCRA 443 (1986) An order denying a MTQ is not appealable because such order is merely interlocutory. Remedy of Aggrieved Party An order granting a MTQ is appealable. or the case was dismissed without his express consent or authority. first jeopardy must have attached 2. the plea of guilty to a lesser offense was made without the consent of the prosecutor and the offended party REQUISITES TO RAISE DOUBLE JEOPARDY: 1. first jeopardy must have been terminated 3. if any. vs IAC. Appeal from the judgment of conviction. where there is a patent. Criminal action extinguished 2. capricious and whimsical exercise of discretion by a trial judge or where an appeal will not promptly relieve the aggrieved party from the injurious effect of the disputed order.Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 b. Newsweek Inc. No person shall be put twice in jeopardy for the SAME OFFENSE 2. PROCEDURE IF MOTION TO QUASH IS DENIED: 1. court of competent jurisdiction 3. in denying the MTQ. would constitute a legal excuse or justification c. NOTE: In order to raise double jeopardy for the SAME ACT. The accused would not be placed in double jeopardy because the accused has not been arraigned yet. if true. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. convicted. valid arraignment 4. as a substitute for the remedy of a lost appeal. the second jeopardy must be for the same offense or the second offense includes or is necessarily included in the offense charged in the first information or is an attempt or frustration thereof. REQUISITES FOR 1ST JEOPARDY TO ATTACH: 1. If the ground for the MTQ was that the court has no jurisdiction over the offense. The facts constituting the graver offense became known or were discovered only after a plea was entered in the former complaint or information. the release of the accused if he is in custody or the cancellation of his bond if he is on bail. double jeopardy KINDS OF DOUBLE JEOPARDY: 1. Accused should plead 2. as in the quashal of an information for incomplete preliminary investigation. not to quash the complaint or information. The graver offense developed due to supervening facts arising out of the same act or omission constituting the former charge 2. as the proper remedy. there must be an acquittal or conviction. However. 3. This rule does not preclude the aggrieved party from filing a special civil action of certiorari. When an act punished by a law and an ordinance. if the court. the better practice is to forward or remand the case to the proper court. but also when the second offense is includes or is necessarily included in the first offense or is an attempt or frustration of thereof EXCEPTIONS TO IDENTITY RULE: 1. valid complaint or information 2. Information contains averments which.
Provisional dismissal REQUISITES PROVISIONAL DISMISSAL: 1. double jeopardy Page 213 of 289 WHEN DISMISSAL = ACQUITTAL: 1. Ex. Section 8. if he fails or refuses to testify against his co-accused in accordance with his sworn statement. the failure to revive or reinstate the case within the periods set by law will make the dismissal permanent. then double jeopardy will not attach. guilt wasn’t proven beyond reasonable doubt Double Jeopardy always attaches An order discharging an accused as a state witness amounts to an acquittal. Criminal action or liability has been extinguished 4. Statement of “no objection” is express consent. HOW TO REVIVE A CASE: 1. he may be prosecuted again. Silence of the accused does not mean consent. If only the dispositive portion is read. notice to the offended party NOTE: If a case is provisionally dismissed. This is because the former is malum prohibitum. the judgment must be reading its entirety (promulgation of judgment). which also constitutes an offense under the Revised Penal Code. This means that all the necessary elements of the crime are alleged What is controlling for purposes of determining the presence of double jeopardy is the crime charged in the complaint not the crime proven in trial. Failure to move to quash or to allege any ground therefor ALL THE GROUNDS FOR A MTQ ARE DEEMED WAIVED IF NOT SEASONABLY RAISED. such is deemed to be with defendant’s express consent. Rules Regarding State Witnesses QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. Refiling of the information 2. EXCEPT: 1. Defendant is acquitted bec. Filing a new information for the same offense or one necessarily included in the original offense charged PERIODS FOR REINSTATEMENT/REVIVAL: 1. Facts charged do not constitute an offense 2. However. Demurrer to evidence 2. does not determine defendant’s guilt or innocence Double Jeopardy will not always attach ACQUITTAL Always based on the merits. but each requires proof of an additional fact which the other does not require.Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 sufficient that the case was dismissed without his express consent. CA. consent of the prosecutor 2. Court trying the case has no jurisdiction over the offense charged 3. consent of the accused 3. Dismissal due to violation of right to speedy trial (even if dismissal was upon motion of the accused or with his express consent) Rules Regarding “Without Express Consent” If dismissal was upon motion of the accused or counsel. DISMISSAL Does not decide the case on the merits. 163 SCRA 236 (1988) If a single act is punished by two different laws. Perez vs. are no longer available (died) or when new witnesses have emerged • Other persons are charged under the new complaint • Original charge has been upgraded • Criminal liability of the accused has been upgraded (ex. hence double jeopardy will apply. 1 YEAR for offenses punishable imprisonment not exceeding 6 years 2. Test for “Valid Complaint or Information” In general. while the latter is mala in se. . if it can support a valid conviction. In order for double jeopardy to attach. conviction or acquittal in one will not bar a prosecution for the other. 2 YEARS for offenses punishable imprisonment exceeding 6 years by by GENERAL RULE: When a case is reinstated there is no need to conduct a new preliminary investigation EXCEPTIONS: • Original witnesses or some of them recant their testimony. Violation of BP 22 and Estafa Double Jeopardy will not apply in case of a conviction of a crime under a special law. accomplice Æ principal) Section 9.
Pre-trial order PRE-TRIAL ORDER It is an order issued by the court reciting the actions taken. Republic v. Pre-trial agreement REQUIRED FORM OF PRE-TRIAL AGREEMENT: 1. Such order binds the parties and limits the trial to those matters not disposed of. fine. be penalized with disciplinary sanctions for failure to Page 214 of 289 The sanctions may be in the form of reprimand. order a pre-trial. Non-appearance at pre-trial conference The court may impose proper penalties and sanctions for non-appearance during the pre-trial conference by the counsel for the accused or the prosecutor without acceptable cause. the accused shall have at least 15 days to prepare for trial. unless a shorter period is provided for by law. 416 SCRA 133 (2003) A hearing does not necessarily imply the presentation of oral or documentary evidence in open court but that the parties are afforded an opportunity to be heard. Sandiganbayan. the penalty for indirect contempt of court may be imposed. After a plea of guilty is entered. Time to prepare for trial . the facts stipulated and the evidence marked during the pre-trial conference. stipulation of facts 3. admissions which his counsel may have entered into without his knowledge Section 3. The reason why the accused is not required to appear is that to include him among the mandatory parties might violate his constitutional right to remain silent. however. not on the accused. signed by counsel NOTE: If the required form is not observed. The trial shall commence within 30 days from receipt of the pre-trial order The trial judge does not lose jurisdiction to try the case after the 180-day limit. signed by the accused 3. modification of the order of trial if the accused admits the charge but interposes a lawful defense (reverse trial) 6. other matters that will promote a fair and expeditious trial of the civil and criminal aspects of the case Section 2. RULE 118 PRE-TRIAL Section 1. of the facts put in issue in a case for the purpose of determining such issue HEARING It is not confined to trial but embraces the several stages of litigation. The reason for TRIAL It is the examination before a competent tribunal according to the laws of the land. or imprisonment. plea bargaining 2. marking for identification of evidence 4. including the pre-trial stage. Pre-trial. Section 4. the pretrial agreement cannot be used against the accused. RULE 119 TRIAL Section 1. He may. mandatory in criminal cases Pre-trial is MANDATORY in all criminal cases The court shall after arraignment and within 30 days from the time the court acquires jurisdiction over the person of the accused. must be in writing 2.Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 this is in order to enforce the mandatory nature of pre-trial in criminal cases. Inasmuch as this is similar to indirect contempt of court. Purpose of the Rule The requirements in Section 2 are intended to further safeguard the rights QuickTime™ of the accused against and a (Uncompressed) decompressor improvident or TIFF unauthorized agreements or are needed to see this picture. waiver of objections to admissibility of evidence 5. THINGS CONSIDERED DURING PRE-TRIAL: 1. This is contrary to the rule on stipulations of facts during trial which only requires the signature of counsel in order to be valid. He court may only impose sanctions for nonappearance on counsel or the prosecutor. Its main objective is to achieve an expeditious resolution of the case.
Exclusions The SC adopted the continuous trial system as a mode of judicial fact-finding and adjudication conducted with speed and dispatch so that trials are held on the scheduled dates without postponement. efficiently allocate and use time and court resources to avoid court delays Section 3. robbery against banking or financial institution. maintain full control of the proceedings. 4. by habeas corpus to obtain his freedom DUTIES OF PRESIDING JUDGE UNDER THE CONTINUOUS TRIAL SYSTEM: 1. however. Agbulos. G. except where he unqualifiedly admits in open court after his arraignment that he is the person named as defendant in the case on trial. 3. REMEDIES OF ACCUSED WHERE A PROSECUTING OFFICER WITHOUT GOOD CAUSE SECURES POSTPONEMENTS OF THE TRIAL OF A DEFENDANT AGAINST HIS PROTEST BEYOND A REASONABLE PERIOD OF TIME: 1. if he is restrained of his liberty. that the witnesses can be had at the time to which the trial is deferred and incidentally that no similar evidence could be obtained. Effects of trial in absentia: People v. that an affidavit showing the existence of the above circumstances must be filed. That the witness is material and appears to the court to be so. 3. despite due notice. unless for meritorious reasons an extension is permitted. No. He has been notified of the trial 3. The accused has been arraigned 2. justified a provisional dismissal or an absolute dismissal depending upon the circumstances CASES WHERE TIME LIMITATION IS INAPPLICABLE: 1.000 as governed by the Rules on Summary Procedure 2. Section 2. 119527 (1996) The accused waives the right to present evidence and cross-examine the witnesses against him The accused’s waiver does not mean. On arraignment.R. Violations of Dangerous Drugs Law 5. robbing in a band. proper hearing. that the party who applies has been guilty of no neglect. the factual issues for trial well-defined at pre-trial and the whole proceedings terminated and ready for judgment within 90 days from the date of initial Page 215 of 289 . 3. No.Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 observe the prescribed limit without authorization by the Supreme Court. but it may be postponed for a reasonable period of time for good cause Trial shall in no case exceed 180 days from the first day of trial. postponements CONTINUOUS TRIAL SYSTEM Trial once commenced shall continue from day to day as far as practicable until terminated.R. G. When the offended party is about to depart with no definite date of return 3. REQUISITES FOR TRIAL IN ABSENTIA: 1. that the prosecution is deprived of the right to require the presence of the accused for purposes of identification by the witnesses which is vital for conviction of the accused. When the court with due notice requires so. Adhere faithfully to the session hours prescribed by laws. Criminal cases covered by the Rule on Summary Procedure or those where the penalty does not exceed 6 months imprisonment or a fine of P1. Landicho. Kidnapping. The non-appearance of the prosecution at the trial. His failure to appear is unjustified People v. On promulgation of judgment except for light offenses. 73907 (1993) The purpose of trial in absentia is to speed up the disposition of criminal cases. INSTANCES WHERE THE PRESENCE OF THE ACCUSED IS REQUIRED BY LAW: 1. 2. except as otherwise provided by the QuickTime™ and a Supreme Court TIFF (Uncompressed) decompressor are needed to see this picture. Continuous trial until terminated. Violation of Carnapping Act and other heinous crimes REQUISITES BEFORE A TRIAL CAN BE PUT ON ACCOUNT OF THE ABSENCE OF WITNESS: 1. Child abuse cases 4. Mandamus to compel 2. 4. 2. 2. For identification purposes.
Page 216 of 289 . if the court granted the continuance on the basis of its findings set forth in the order that the ends of justice served by taking such action outweigh the best interest of the public and the accused in a speedy trial. unusual and complex. ABSENT When the whereabouts are unknown or cannot be determined with due diligence UNAVAILABLE When his whereabouts are known but his presence at the trial cannot be obtained with due diligence Section 4. 5. Any period of delay resulting from the absence or unavailability of an essential witness. not to exceed thirty (30) days. or it is unreasonable to expect adequate preparation within the periods of time established therein. 2. or TIFF on motion of either the accused or are needed to see this picture. Any period of delay resulting from the mental incompetence or physical inability of the accused to stand trial. Section 6. Extended time limit Section 7.Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 EXCLUSIONS IN COMPUTATION OF TIME WITHIN WHICH TRIAL MUST COMMENCE: A. is novel. Delay resulting from pre-trial proceedings. Any period of delay resulting from a continuance granted by any court motu QuickTime™ and a (Uncompressed) decompressor proprio. F. or the prosecution. Promptly undertake to obtain the presence of the prisoner for trial or cause a notice to be served on the person having custody of the prisoner requiring such person to so advise the prisoner of his right and demand trial. as to whom the time for trial has not run and no motion for separate trial has been granted. or. or proceedings relating to change of venue of cases or transfer from other courts. Upon receipt of that notice. 2. If the information is dismissed upon motion of the prosecution and thereafter a charge is filed against the accused for the same offense. it may be extended by the court but in no case should it exceed 180 days from notice of said order for new trial. Delay reasonably attributable to any period. during which any proceeding concerning the accused is actually under advisement. Time limit following an order for new trial GENERAL RULE: After an order for new trial is issued. 3. If at anytime thereafter the prisoner informs his custodian that he demands such trial. Factors granting continuance FACTORS FOR GRANTING CONTINUANCE: 1. E. The grant of a motion for continuance is NOT a matter of right The purpose of this rule is to control the discretion of the judge in the grant of continuance on his instance or on motion of any party litigant. The case. Delay resulting from a finding of existence of a prejudicial question. his counsel. Public attorney’s duties where accused is imprisoned PUBLIC ATTORNEY’S DUTIES: 1. any period of delay from the date the charge was dismissed to the date the time limitation would commence to run as to the subsequent charge had there been no previous charge. Delay resulting from orders of inhibition. Delay resulting from proceedings with respect to other criminal charges against the accused. 2. Delay resulting from an examination of the physical and mental condition of the accused. A reasonable period of delay when the accused is joined for trial with a coaccused over whom the court has not acquired jurisdiction. Whether the failure to grant continuance would make a continuation of the proceeding impossible or result in a miscarriage of justice. B. the custodian of the prisoner shall promptly advise the prisoner of the charge and of his right to demand trial. Section 5. 6. and 7. Any period of delay resulting from other proceedings concerning the accused. the trial commences within 30 days from notice of the order. as a whole. EXCEPTION: If the 30-day period becomes impractical due to unavailability of the witnesses and other factors. including but not limited to the following: 1. the latter shall cause notice to that effect to be sent promptly to the public attorney. Delay resulting from extraordinary remedies against interlocutory orders. 4. C. D. provided. that the delay does not exceed thirty (30) days.
Rule 120. Law on speedy trial not a bar to provision on speedy trial in the Constitution The accused should be brought to trial within 30 days from the date the court acquires jurisdiction over the person of the accused (Rule 116. Failure of the accused to move for dismissal prior to trial shall constitute a waiver of his right to dismiss under this section The dismissal shall be subject to the rules on double jeopardy. the revival of the case is proper. Section 11. Remedy where accused is not brought to trial within the time limit Arraignment must be set within 30 days from the date the court acquires jurisdiction over the person of the accused. the court must set the case for pre-trial. and within 30 days from the receipt of the pre-trial order. 4. The accused may not be required to Page 217 of 289 . THE SANCTIONS: a) Private Defense Counsel – fine not exceeding P20. are needed to see this picture. the public attorney shall promptly seek to obtain the presence of the prisoner for trial. 4. Public Attorney or Prosecutor – fine not exceeding P5. Administrative. if any. b) Counsel de officio. KINDS OF SANCTIONS UNDER THIS SECTION: 1. Upon receipt of such notice. and within the same period. Willfully fails to proceed to trial without justification. Section 1g). The prosecution. permits them to present additional evidence. the case cannot be revived anymore. 2. knowing it to be frivolous and without merit. the case is deemed submitted for decision. the prisoner shall be made available accordingly. in the proper case. 000 + criminal sanctions. 2. Public Attorneys referred to in this section are those attorneys of the Public Attorney’s Office of the Department of Justice who are assisting accused not financially capable to have a counsel of their own. Arraignment must be set within 30 days from the date the court acquires jurisdiction over the person of the accused. Order of trial ORDER OF TRIAL: 1. So if the dismissal is with prejudice. the court must set the case for pre-trial. the trial must be commenced. 2. GENERAL RULE: The order in the presentation of evidence must be followed. The sanctions are designed to speed up the trial and disposition of the cases and to encourage the lawyers to go to court ready for trial and not “ready to postpone. c) Defense Counsel or Prosecutor – denial of the right to practice before the court trying the case for a period not exceeding 30 days + QuickTime™ and a TIFF (Uncompressed) decompressor criminal sanctions. 3. if any. Knowingly makes a false statement in order to obtain continuance. These public attorneys enter their appearance in behalf of the accused upon his request or that of his relative or upon being appointed as counsel de oficio by the court. But if the dismissal is without prejudice. may present rebuttal and sur-rebuttal evidence unless the court. if any. if any. Criminal. The remedy of the accused is to file a motion to dismiss the information on the ground of denial of his right to speedy trial. Section 10. and within the same period. the civil liability. then the defense. 000 + criminal sanctions. Section 9.Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 3. Files a motion solely for delay. and within 30 days from the receipt of the pre-trial order. If he is not brought to trial within the period specified. Prosecution presents evidence to prove the charge and. When the custodian of the prisoner receives from the public attorney a properly supported request for the availability of the prisoner for purpose of trial. he may quash the information on the ground of denial of his right to speedy trial. 4. in furtherance of justice. Upon admission of the evidence by the parties. Failure to move for dismissal prior to trial shall constitute a waiver of the right to dismiss under Section 9. 3. Sanctions ACTS WHICH EVOKE THE SANCTION: 1. the trial must be commenced. Knowingly allowing the case to be set on trial without disclosing that a necessary witness would be unavailable. The accused presents evidence to prove his defense and damages. Contempt of court.” Section 8. 3.
Educate the parties in advance of trial as to the real value of their claims and defenses thereby encouraging settlements 5. 3. REVERSE TRIAL When the accused admits the act or omission charged in the complaint/information but interposes a lawful defense. PURPOSE OF TAKING DEPOSITIONS: 1. Simplify and narrow the issues 8. and intended to be used in preparation and upon the trial of a civil or criminal prosecution. Application for examination witness for accused before trial of Accused may have his witness examined conditionally in his behalf BEFORE trial upon motion with notice to all other parties: SUCH MOTION MUST STATE: 1. before an inferior court designated in the order of a superior court Section 14. facts which otherwise could not be proved except with greater difficulty 4. 302 SCRA 643 (1999) Refusal of the trial court to reverse the order of trial upon demand of the accused who pleads selfdefense as a defense is not a reversible error AFFIRMATIVE DEFENSE Requires the prosecution The accused admits the to prove the guilt of the act or omission charged. Prosecution begins because it has the burden of proving the guilt of the accused. Make available in a simple. EXCEPTION: Where a reverse procedure was adopted without the objection of the defendant and such procedure did not prejudice his substantial rights. Greater assistance to the parties in ascertaining the truth and checking and preventing perjury 2.Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 present his evidence first before the prosecution adduces its own proof. Gutierrez. Provide an effective means of detecting and exposing false. reasonable doubt are needed to see which if proven. how made DEPOSITION It is the testimony of a witness taken upon oral questions or written interrogatories. and reduced to writing and duly authenticated. convenient and inexpensive way. relying on the strength of its own evidence and NOT on the weakness of the defense. ed) decompressor this picture. QuickTime™ a accused beyond TIFF (Uncompress but and interposes a defense. but not where the change in the order of the trial was timely objected by the defense. then the defense should file Demurrer to Evidence People v. in open court. A departure from the order of the trial is NOT reversible error as where it was agreed upon or not seasonably objected to. the defect is not a reversible error. If there is not enough evidence to prove the accused’s guilt beyond reasonable doubt. Examination of defense witness. Where the order of the trial set forth under this section was not followed by the court to the extent of denying the prosecution an opportunity to present its evidence. the trial court may allow the accused to present his defense first and thereafter give the prosecution the opportunity to present his rebuttal evidence. 3. the judgment is a NULLITY. or under a general law or court rule on the subject. Prevent delay 7. would exculpate him Accused claims that one of the elements of the offense charged is not present. judge. fraudulent claims and defenses 3. but in pursuance of a commission to take testimony issued by a court. a member of the Bar in good standing so designated by the judge. It is incumbent upon the prosecution to prove the existence of this element NEGATIVE DEFENSE Section 12. witness is so sick to afford reasonable ground to believe that he will not be able to attend the trial OR resides more than 100km and has no means to attend the same or other similar circumstances Section 13. 2. Bail to secure appearance of material witness Page 218 of 289 . 2. Expedite and facilitate both preparation and trial WHO SHOULD MAKE THE EXAMINATION? 1. Expedite litigation 6. Name and residence of the witness. substance of testimony.
only the accused presenting evidence has to be present. Ellasos and Obillo. If the witness refuses to post bail. People v. If a separate trial is granted. The motion for separate trial must be filed BEFORE the commencement of the trial and cannot be raised for the first time on appeal. Has to leave the Philippines with no definite date of return. 2000. If the court is satisfied upon proof or oath that a material witness will not testify when required. REQUISITES TO BE A STATE WITNESS: 1. In such separate trial. Two or more persons are jointly charged with the commission of an offense Page 219 of 289 Conducted before any judge. It would be admissible if the latter had the opportunity for cross-examination. Rule 23 applies only in civil cases. Discharge of accused to be state witness Section 18. G. And the evidence to be adduced by each accused should not be considered as evidence against the other accused. The grant of separate trial rests in the sound discretion of the court and is not a matter of right to the accused. Since the trial of B did not take place. Trial of several accused When two or more defendants are jointly charged with any offense. 2. Section 15. orders a separate trial. Section 17. Such examination should be in the presence of the accused or in his absence after reasonable notice to attend the examination has been served on him. unless the . EXAMINATION OF DEFENSE WITNESS EXAMINATION OF PROSECUTION WITNESS Conducted ONLY before the judge or the court where the case is pending Right to cross-examine court. especially where it is sought after the presentation of the evidence of the prosecution. 21 SCRA 722 (1967) Even if the witness has been cited to appear before a court sitting outside of the province in which he resides and the distance is more than 50km (now 100km) from his place of residence by the usual course of travel. No. member of the bar in good standing or before any inferior court No right to crossexamine QuickTime™ and a be made even if May be made if the Cannot TIFF (Uncompressed) decompressor are n eeded to s ee this picture. 139323 (2001) The trial judge gravely erred in rendering a judgment of conviction against both accused. joint trial is automatic. Discharge of accused operates as acquittal STATE WITNESS One of two or more persons jointly charged with the commission of a crime but who is discharged with his consent as such accused so that he may be a witness for the state. The witness for the prosecution may be conditionally examined by the court where the case is pending if said witness is: a. in its discretion upon motion of the prosecution or any of the defendants. it is the duty of the prosecution to repeat and produce all its evidence at each and every trial. Examination of witness for the prosecution EXAMINATION OF WITNESS FOR THE PROSECUTION: 1. or b. Examination of child witnesses is tackled under the Rule on Examination of a Child Witness which took effect on December 15. Where the conditions are fulfilled. it may order the witness to post bail in such sum as may be deemed proper. 3. Too sick to appear at the trial. the trial court should have rendered a decision only against A. the testimony of one accused imputing the crime to his co-accused is not admissible against the latter. without need for the trial court to issue an order to that effect. unless it has been agreed by the parties that the evidence for the prosecution would not have to be repeated at the second trial and all the accused had been present during the presentation of the evidence of the prosecution and their lawyer had the opportunity to cross-examine the witnesses for the prosecution. he is still bound by the subpoena. witness resides more the witness resides more than 100km from the than 100km from the place of trial place of trial Section 16. they shall be tried jointly.R.Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 People v Montejo. When a separate trial is demanded and granted. the court shall imprison him until he complies or is legally discharged after his testimony has been taken.
TRANSACTIONAL IMMUNITY – witness can no longer be prosecuted for any offense whatsoever arising out of the act or transaction. however. his confession of his participation in the commission of the offense is admissible in evidence against him. Absolute necessity for the testimony of the accused • “Absolute necessity” means that he alone has knowledge of the crime. the fact that the discharge was erroneous as the conditions for discharge were not complied with did not thereby nullify his being precluded from re-inclusion in the information or from being charged anew for the same offense or for an attempt or frustration thereof. If he was granted immunity and fails to keep his part of the agreement. The application for discharge of the state witness must be made upon motion of the prosecution BEFORE resting its case. Accused does not appear to be the most guilty • Means that he does not appear to have the highest degree of culpability in terms of participation in the commission of the offense and not necessarily in the severity of the penalty imposed. and not merely the fact that in law the same or equal penalty is imposable on all of them. Where an accused has been discharged to be utilized as state witness and he thus testified. The application for discharge is filed by the prosecution before it rests its case 3. QuickTime™ and a TIFF (Uncompressed) decompressor The defense should be afforded opportunity to are needed to see this picture. oppose the motion to discharge an accused to be a state witness. USE-AND-DERIVATIVE-USE-IMMUNITY – witness is only assured that his or her particular testimony and evidence derived from it will not be used against him or her in a subsequent prosecution. EXCEPTIONS: a. Any question against the order of the court to discharge an accused to be used as state witness must be raised in the trial court. the order of the Page 220 of 289 . 5. If accused fails or refuses to testify against the co-accused. it cannot be considered on appeal. 7. (People v Sunga) GENERAL RULE: The discharge of an accused to be a state witness amounts to an acquittal and is a bar to future prosecution for the same offense. trial court may be challenged in a petition for certiorari and prohibition. 6. The EXCEPTION to this rule is even if uncorroborated but the testimony was given in a straightforward manner and it contains details which could not have been the result of deliberate afterthought. Where there is. or for crimes necessarily included in or necessarily including those offense. What the court takes into account is the gravity or nature of acts committed by the accused to be discharged compared to those of his co-accused. b. Testimony of the accused can be substantially corroborated in its material points. Accused has not been convicted of any offense involving moral turpitude. • The fact that there was conspiracy does not preclude one from being discharged as a state witness. A discharge under the original information is just as binding upon the subsequent amended information. b. It is not necessary that there be a hearing of the motion to discharge as long as the court is able to receive evidence for and against the discharge of an accused to become a witness. a showing of grave abuse of discretion. The subsequent amendment of the information does not affect the discharge of an accused as a state witness because the amended information is not anew information but is a continuation of the original proceeding.Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 2. and not when his testimony would simply corroborate or otherwise strengthen the evidence in the hands of the prosecutor. 4. TWO TYPES OF IMMUNITY: a. There is no other direct evidence available for the proper prosecution of the offense. since the amended information is just a continuation of the original. GENERAL RULE: A co-conspirator may testify against the other coconspirator even if not done clandestinely PROVIDED it must be received by court with caution and must be substantially corroborated in its material points.
• The prosecution may oppose the demurrer to evidence within a non-extendible period of 10 days from receipt of the demurrer. The court may also. and save unnecessary cost or expense. the court shall commit the accused and dismiss the original case upon the filing of the proper information. accused can present his evidence • Without leave of court. whether true or not. • The motion must be filed within a nonextendible period of 5 days after the prosecution rests its case. Accused files demurrer with or without leave of court c. 369 (1912) This rule is predicated on the fact that an accused person has the right to be informed of the nature and cause of the accusation against him. If there appears to be good cause to detain the accused. Exclusion of the public GENERAL RULE: The accused has the right to public trial and under ordinary circumstances. for offenses founded on the same facts. Appointment of acting prosecutor When a prosecutor. on motion of the accused. Section 21. the offense charged and is different therefrom. prevent delay. the court should dismiss the action and order the filing of a new information charging the proper offense.Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Section 19. Campo. Demurrer to evidence DEMURRER TO EVIDENCE It is an objection by one of the parties in an action. to the effect that the evidence which his adversary produced is insufficient in point of law. When the offense proved is neither included in. the attainment of justice with the least expense and vexation to the party litigants. guard against oppression or abuse. simplify the work of the trial court. to decency or public morals. the said accused shall not be discharged if there appears to be good cause to detain him. the accused shall file the demurrer to evidence within a nonextendible period of 10 days from notice of the grant of leave of court. clear congested dockets. the court may not close the door of the courtroom to the general public. US v. to make out a case or sustain the issue. he can still present evidence. exclude the public from the trial except court personnel and the counsel of the parties. at any time before judgment. his assistant or deputy is disqualified to act. in short. accused waives right to present evidence With or Without Leave of Court a) With leave • if the motion is denied. 2. Section 20. • If leave is granted. the judge or the prosecutor shall communicate with the Secretary of Justice in order that the latter may appoint an acting prosecutor. Section 23. EXCEPTION: The public may be excluded from the courtroom when evidence to beand produced is offensive QuickTime™ a TIFF (Uncompressed) decompressor are needed to see this picture. it becomes manifest that a mistake has been made in charging the proper offense and the accused cannot be convicted of the offense charged or any other offense necessarily included therein. AFTER THE PROSECUTION SHALL HAVE RESTED ITS CASE. the court cannot convict an accused of a complex crime constitutive of the various crimes alleged in the consolidated cases. for offenses which form part of a series of offenses of similar character. Section 22. THE CASE MAY BE DISMISSED IN ANY OF THE FOLLOWING MANNER: a. nor does it include. 23 Phil. Page 221 of 289 . When mistake has been made in charging the proper offense When. Consolidation of trials of related offenses THIS CONTEMPLATES A SITUATION WHERE SEPARATE MOTIONS ARE FILED: 1. While consolidation of cases and joint trial of related offenses and the rendition of a consolidated decision are allowed. and to convict him of an offense different from that charged in the complaint or information would be an unauthorized denial of that right. Court on its own initiative can dismiss the case after giving prosecution opportunity to be heard b. The purpose of consolidation is to avoid multiplicity of suits. If the demurrer is denied: • With leave of court.
of the truth of the charge. Contains clearly and distinctly a statement of the facts and the law upon which it is based. The legal qualifications of the offense constituted by the acts committed by the accused and the aggravating and mitigating circumstances which attended its commission. unless a separate civil action has been reserved or waived. Alternative Penalties A judge cannot impose alternative penalties (reclusion perpetua or P10. and determines the proceeding. Contents of judgment CONTENTS OF A JUDGMENT OF CONVICTION: 1. It is a judicial act which settles the issues. with hearing in either case reopen to avoid miscarriage of justice.. after full consideration of all the evidence. Barbers vs Laguio. judge may. the proper remedy would be to file a petition for mandamus to compel the judge to put in writing the decision of the court. and is regarded as the sentence of the law pronounced by the court on the action or question before it. accomplice or accessory 3. 351 SCRA 606 (2001) It is well settled that acquittal. civil liability or damages. 2. definition and form JUDGMENT It is an adjudication by the court that the accused is guilty or not guilty of the offense charged and the imposition of the proper penalty and civil liability. he loses the right to present evidence and the case will be deemed submitted for decision If there are two or more accused and only one of them presents a demurrer to evidence. Reopening At any time before finality of judgment of conviction. in a criminal case is immediately final and executory upon its promulgation. giving the accused discretion properly belonging to the court. CONTENTS OF A JUDGMENT OF ACQUITTAL: 1. The rationale is that the losing party is entitled to know why he lost. REQUISITES OF A JUDGMENT: QuickTime™ and a TIFF (Uncompressed) decompressor 1. the State may not seek its review without placing the accused in double jeopardy. Section 24. without leave of court. leaves the mind of the judge in such a condition that he cannot say that he feels an abiding conviction. so he may appeal to a higher court. penalty imposed on the accused 4. 2. par. the trial court may defer resolution thereof until the decision is rendered on the other accused. Whether the evidence absolutely failed to prove the guilt of the accused or merely failed to prove it beyond reasonable doubt 2. As such. Section 2. A verbal order does not meet the requisites. 1 of the Constitution requires that the decisions of the court shall contain the facts and the law on which they are based. then certiorari may apply. Judgment. the accused is deemed to have waived his right to present evidence and submits the case for judgment on the basis of the evidence of the prosecution. Written in official language are needed to see this picture. If the court denies the demurrer to evidence without leave of court.000 fine) because this would allow the accused to choose which penalty to serve. motu proprio or upon motion. Article VIII. Personally and directly prepared by the judge 3. Page 222 of 289 . if any. it can be rescinded without prejudicing the rights of the accused. Participation of the accused either as principal. if any. Signed by him 4. An order denying the motion for leave of court to file a demurer shall NOT be reviewable by appeal or by certiorari before judgment. However. and that accordingly.Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 b) Without leave • if the motion is denied. This is because demurrer is merely interlocutory. If judgment is not put in writing. Jr. RULE 120 JUDGMENT Section 1. The judge can rely on the transcript of stenographic notes taken during the trial. to a moral certainty. Section 14. It has no legal force and effect. The judge who penned the decision need not be the one who heard the case. if there was grave abuse of discretion. If the act or omission from which civil liability may arise did not exist REASONABLE DOUBT – state of the case which. fixes the rights and liabilities of the parties.
2. EXCEPTION: If there is variance between the crime charged and the crime proved the accused shall be convicted of the offense proved which is included in the offense charged or of the offense charged which is included in the offense proved. if there is variance. the accused can only be convicted of the lesser offense which is included in the graver offense. In fact. he is deemed to have waived the defect. the accused may surrender and file a motion for leave of court to avail of these remedies within 15 days from promulgation of judgment. and a TIFF (Uncompressed) decompressor are needed to see this picture.Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Effect of Acquittal on Civil Liability Acquittal of an accused based on reasonable ground does not bar the offended party from filing a separate civil action based on a quasi-delict. when the essential ingredients of the former constitute or form part of those constituting the latter. How Promulgation In Absencia is Conducted Promulgation shall be made by recording the judgment in the criminal docket and serving the accused a copy thereof at his last known address or through his counsel. Section 3. the court shall order his arrest and he shall lose the remedies available in the Rules against the judgment. in which case judgment may be promulgated in he presence of counsel for the accused or a representative. the accused must be present during promulgation of judgment. the maximum duration of the sentence shall not be more than 3-fold the time of the most severe penalty imposed. However. warden. When an offense includes or is included in another GENERAL RULE: The accused may only be convicted of a crime that is both charged and proved. Promulgation of judgment PROMULGATION OF JUDGMENT IN CRIMINAL CASES . Section 4. NOTE: The prosecutor cannot ask for the modification of the judgment. Accused fails to attend the promulgation despite due notice or if he jumped bail or escaped form prison. However. the court may hold an accused civilly liable even when it acquits him. He may be found guilty for as many offenses as alleged in the complaint or information as may have been duly proved. if the accused does not object to the duplicity before he enters his plea. accused’s bailor and counsel. a judgment of conviction may be modified or set aside before it becomes final or before appeal is perfected. It is the reading of the judgment or sentence in the presence of the accused and the judge of the court who rendered it. (but see the following exceptions to this general rule) INSTANCES OF PROMULGATION IN ABSENCIA 1. Notice must be given to the bondsmen. Judgment is for a light offense. Maximum Sentence In the service of sentence. Judgment for two or more offenses Prohibition on Duplicitous Information & Waiver A complaint or information must charge only one offense. he may avail of these remedies within 15 days from notice of such order granting the motion. and such maximum shall in no case exceed 40 years. Rules on Promulgation of Judgment Judgment must be rendered and promulgated during the incumbency of the judge who signed it The judgment must be read in its entirety for double jeopardy to attach The presence of counsel during promulgation is not necessary Generally. Modification of judgment Upon motion of the accused. In other words. If such motion is granted. Inclusion of Offenses An offense charged necessarily includes the offense proved when some of the essential elements or ingredients of the formerQuickTime™ constitute the latter. Judgment in case of variance between allegation and proof Section 5. because the rules are clear that modification is only upon motion of the accused Page 223 of 289 An offense charged is necessarily included in the offense proved. Section 7. If judgment is one of conviction and the accused is absent without justifiable cause. Section 6.
Probation is a mere privilege and is revocable before final discharge of the probationer by the court. or 3. not just because of their demonstrated capability for serious wrongdoing but because of the gravity of serious consequences of the offense they might further commit. offender is already of age at the time of sentencing even if he was a minor at the time of the commission of the crime QuickTime™ and a PROBATION The period to file an application for probation is after the accused shall have been convicted by the trial court and within the period for perfecting an appeal. Those who have been once on probation 5. offender is convicted of crime punishable by death or life imprisonment 3. The record shall contain the dispositive portion or order and shall be signed by the clerk of court with a certificate that such judgment or order has become final and executory. accused files for probation Section 8. defendant withdraws his appeal 4. OFFENDERS DISQUALIFIED FROM PROBATION 1. offender has enjoyed previous suspension of sentence 2. or 4. Entry of judgment How Entry of Judgment is Made The recording of the judgment or order in the book of entries of judgments shall constitute its entry. Those charged with subversion or any crime against national security or public order 3. but offender serves subsidiary imprisonment PERIOD OF PROBATION Not more than 2 years Not more than 6 years At least equal to the number of days of subsidiary imprisonment but not more than twice such period RULE 121 NEW TRIAL OR RECONSIDERATION Page 224 of 289 . defendant perfects an appeal 3. the SC automatically reviews the decision. or 2. After the lapse of the period for perfecting an appeal. Accused has applied for probation. Fixing the cut-off at a maximum term of 6 years imprisonment is based on the assumption that those sentenced to higher penalties pose too great a risk to society.Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 FINALITY OF JUDGMENT 1. Existing provisions governing suspension of sentence. The basis of the coverage of the Probation Law is gravity of the offense. Section 9. defendant voluntarily submits to the execution of the judgment 2. Those sentenced to serve a maximum term of imprisonment of more than 6 years 2. Offender is in need of treatment that can be provided most effectively by his commitment to an institution 2. When the sentence has been partially or totally satisfied or served. When the accused has waived in writing his right to appeal. There is an undue risk that offender will commit another crime during the period of probation 3. When probation will depreciate the seriousness of the crime SENTENCE IMPOSED Not more than 1year More than 1 year Fine only. Those previously convicted by final judgment of an offense punished by imprisonment not less than 1 month and 1 day and/or a fine not less than P200 4. accused expressly waives in writing his right to appeal 5. MITTIMUS It is a process issued by the court after conviction to carry out the final judgment. OF YOUTHFUL OFFENDERS 1. offender is convicted by a military tribunal 4. probation and parole not affected by this Rule TIFF (Uncompressed) decompressor EXCEPTIONS FOR SUSPENSION OF SENTENCE are needed to see this picture. Those who are already serving sentence at the time the Probation Law of 1976 became applicable WHEN THE COURT SHOULD DENY PROBATION 1. NOTE: When the Death Penalty is imposed by the trial court. Modification of Civil Aspect of Case The trial court may validly modify the civil aspect of its decision within 15 days from promulgation thereof even though an appeal from the judgment had already be perfected by the accused WHEN TRIAL COURT MAY LOSE JURISDICTION EVEN BEFORE LAPSE OF 15 DAYS 1.
may be made at the instance of either party who can thereafter present additional evidence Interrupts the period for perfecting an appeal from the interrupts the period for perfecting an appeal from the .Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Section 1. time of its filing until notice of the order overruling the motion shall have been served upon the accused or his counsel. new and material evidence discovered which the accused could not with reasonable diligence have been discovered and produced at the trial and which if introduced and admitted would probably change the judgment (newly discovered evidence) 3. when the defendant perfects his appeal. When new material evidence has been discovered. requires consent of the accused Judgment will be based on the pleadings submitted by the parties does not require the consent of the accused The moment the appeal is perfected the court a quo loses jurisdiction over it. New trial or reconsideration NEW TRIAL The rehearing of a case already decided but before the judgment of conviction therein rendered has become final. except for the purpose of correcting clerical errors Section 2. Proper only AFTER rendition or promulgatio n of judgment (15 days from promulgatio n of judgment) Once the appeal is perfected. other grounds which the court may determine in the exercise of its discretion REQUISITES BEFORE A NEW TRIAL MAY BE GRANTED ON THE GROUND OF NEWLY DISCOVERED EVIDENCE 1. when the defendant voluntarily submits to the execution of the sentence 2. errors of law or irregularities prejudicial to the substantial rights of the accused have been committed during the trial (errors of law or irregularities) 2. that the evidence was discovered after trial 2. the accused may file a motion for new trial with the appellate court. TRIAL COURT LOSES JURISDICTION OVER ITS SENTENCE EVEN BEFORE THE LAPSE OF 15 DAYS 1. whereby errors of law or irregularities are expunged from the record or new evidence is introduced or both steps are taken. that such evidence could not have been discovered and produced at the trial even with the exercise of reasonable diligence Page 225 of 289 made at the instance of the accused or upon the initiative of the court but with the consent of the accused QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. the trial court steps out of the case and the appellate court steps in. does not require any further proceedin g. REOPENI NG OF TRIAL may be properly presented only after either both parties have formally offered and closed their evidence BUT BEFORE judgment possible to have trials or hearings or reception of justice in order to avoid miscarriag e of justice REOPENI NG OF CASE made by the court before judgment is rendered in the exercise of sound discretion time of its filing until notice of the order overruling the motion shall have been served upon the accused or his counsel. NEW TRIAL RECONSI DERATIO N may be filed in order to correct errors of law or fact in judgment. Grounds for new trial GROUNDS FOR A NEW TRIAL IN CRIMINAL CASES 1.
Recantation is the public and formal withdrawal of a witness of his prior statement. the evidence already adduced shall stand and the newlydiscovered and such other evidence as the court may. errors of law 2. The court may. While the rule requires that an affidavit of merits be attached to support a motion for new trial based on newly discovered evidence. there is no other evidence to support the conviction of the accused. Upon receipt of the motion for new trial/reconsideration. b. 3 SCRA 495). in the interest of justice. 2. or impeaching 4. Section 4. In this case. In contrast. errors of fact in judgment The principle underlying this rule is to afford the trial court the opportunity to correct its own mistakes and to avoid unnecessary appeals from being taken. their statements are made under oath. FOR NEW TRIAL OR in writing filed in court state the grounds on which it is based if based on newly discovered evidence (for new trial). Hearing on motion The purpose of hearing is to determine whether the new trial is requested should be granted or not. FORM OF MOTION RECONSIDERATION 1. Section 6. retractions are easy to extort out of witness. 4. must be supported by affidavits of witnesses by whom such evidence is expected to be given or authenticated copies of documents to be introduced in evidence Notice of the motion for new trial or reconsideration should be given to the prosecutor. Form of motion and notice to the prosecutor. When a new trial is granted on the ground of newly-discovered evidence. When a new trial is granted on the ground of errors of law or irregularities committed during the trial. 3. in the presence of judge. grant by the court of reconsideration should require no further proceedings. that it is material. EXCEPT when aside from the testimony of the retracting witness. the retraction by the sole witness creates a doubt in the mind of the judge as to the guilt of the accused AFFIDAVIT OF DESISTANCE A witness who The complainant previously gave a states that he did not testimony subsequently really intend to declares that his institute the case and statements were not true that he is no longer interested in testifying or prosecuting It is a ground for dismissing the case only if the prosecution can no longer prove the guilt of the accused beyond reasonable doubt without the testimony of QuickTim e™the and a offended party TIFF (Uncompressed) decompressor are needed to see this picture. such as taking of additional proof. corroborative. and with the opportunity to cross-examine. the evidence is of such weight that it would probably change the judgment if admitted Mistake of counsel generally binds the client and is not a ground for new trial EXCEPT when the incompetence of the counsel is so great that the defendant is prejudiced and prevented from fairly presenting his defense and where the error of counsel is so serious. the defect or lack of it may be cured by testimony under oath of the defendant at the hearing of the motion (Paredes v Borja.Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 3. in the interest of justice. not merely cumulative. allow the introduction of additional evidence. allow to be introduced shall be taken and considered Page 226 of 289 RECANTATION Section 3. Section 5. Moreover. The . It is not a ground for new trial because it makes a mockery of the court and would place the investigation of truth at the mercy of the unscrupulous witness. Effects of granting a new trial or reconsideration EFFECTS OF GRANTING A NEW TRIAL OR RECONSIDERATION a. Ground for reconsideration GROUNDS FOR RECONSIDERATION 1. all proceedings and evidence affected thereby shall be set aside and taken anew. the court should conduct a hearing regarding the motion in order to determine the merits of the motion.
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together with the evidence already in the record. c. In all cases, when the court grants new trial or reconsideration, the original judgment shall be set aside or vacated and a new judgment rendered accordingly. The effect of the granting a new trial is not to acquit the accused of the crime of which the judgment finds him guilty but precisely to set aside said judgment so that the case may be tried de novo as if no trial had been conducted before. Unlike the rule in civil cases, the remedy of the aggrieved party being appeal in due time, an order granting a new trial rendered in criminal cases is also interlocutory BUT is controllable by certiorari or prohibition at the instance of the prosecution. Appeals in criminal cases are perfected when the interested parties have personally or through their counsel filed with the clerk of court a written notice expressly stating the appeal. (U.S. vs. Tenorio, 37 Phil 7; Elegado vs. Tavora, 59 Phil. 140) When an appeal has been perfected, the court a quo loses jurisdiction. Effect of an Appeal An appeal in a criminal case opens the whole case for review. This includes the review of the penalty, indemnity, and the damages involved. Only final judgments and orders can be appealed. APPEAL OF A JUDGMENT Must be perfected within 15 days from promulgation APPEAL OF AN ORDER Must be perfected within 15 days from notice of the final order
RULE 122 APPEAL Section 1. Who may appeal. APPEAL A proceeding for review by which the whole case is transferred on the higher court Appeal is not a part of due process except when provided by law or by the Constitution. It is statutory and must be exercised in accordance with the procedure laid down by law. It is compellable by mandamus. GENERAL RULE: An appeal by the prosecution from the order of dismissal is not allowed because it will violate the rule on double jeopardy. EXCEPTIONS: 1. The dismissal is made upon the motion or with the express consent of the defendants QuickTime™ and a TIFF (Uncompressed) decompressor 2. The dismissal is not an acquittal or based upon are needed to see this picture. consideration of the evidence or the merits of the case 3. Question to be passed upon by the appellate court is purely legal so that should the dismissal be found incorrect, the case would be remanded to the court of origin for further proceedings
Section 2. Where to appeal Section 3. How appeal taken FROM DECISION OF MTC, from a case decided in its original jurisdiction APPEAL TO CA HOW File a notice of appeal with the MTC and serve a copy of the notice to the adverse party File a notice of appeal with the RTC and serve a copy of the notice to the adverse party
RTC in the exercise of its original jurisdiction for an imposed penalty less than reclusion perpetua, life imprisonment (and death) RTC in the exercise of its appellate jurisdiction RTC where the penalty imposed is reclusion perpetua of life imprisonment, OR where a lesser penalty is imposed for offenses committed on the same occasion or which arose out of the same occurrence
File a petition for review with the CA under Rule 42 Automatic review
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that gave rise to the offense punishable by (death) reclusion perpetua or life imprisonment All other appeals EXCEPTION: The civil award in a criminal case may be appealed by the private prosecutor on behalf of the offended party or his successors. SC Petition for review on certiorari under Rule 45 Petition for review on certiorari under Rule 45 Automatic review MODES OF REVIEW The Rules of court recognizes 4 modes by which the decision of the final order of the court may be reviewed by a higher tribunal 1. ordinary appeal 2. petition for review 3. petition for review on certiorari 4. automatic appeal Section 4. Publication of notice of appeal SERVICE OF NOTICE OF APPEAL SERVICE BY SUBSTITUTED PUBLICATION REGISTERED SERVICE OF NOTICE MAIL OF APPEAL delivering the made in a By depositing newspaper of the copy in the copy to the clerk of court general post office -in a sealed with proof of circulation in envelope failure of both the vicinity -plainly personal once a week addressed to service and for a period not the party or service by mail exceeding 30 his counsel at days his office, if known, otherwise at his residence if known -with postage fully pre-paid -and with instructions to the post master to return the mail to the sender after 10 days if undelivered Section 5. Waiver of notice The appellee may waive his right to notice of appeal. However, the appellate court may, in its discretion, entertain an appeal notwithstanding failure to give such notice if the interests of justice so require (Llamas vs. Muscoso, 95 Phil. 735). Section 6. When appeal to be taken
Sandiganbayan in its original jurisdiction where penalty imposed is (death) reclusion perpetua Sandiganbayan in its appellate jurisdiction where penalty imposed is (death), reclusion perpetua, or life imprisonment
File a notice of appeal
FROM A JUDGMENT CONVICTING THE ACCUSED, TWO APPEALS MAY ACCORDINGLY BE TAKEN: 1. The accused may seek a review of said judgment as regards both civil and criminal actions 2. The complainant may appeal only with respect to the civil action either because the lower court has refused or failed to award damages or because the award made is unsatisfactory to him A judgment of acquittal becomes final immediately after promulgation. It cannot even be the subject of certiorari. The reason for this rule is that an appeal would place the accused in double jeopardy. However, the offended party may appeal the civil aspect of the case. GENERAL RULE: are needed to see this picture. A private prosecutor in a criminal case has NO authority to act for the People of the Philippines before a court on appeal; it is the government’s counsel, the Solicitor General who appears in criminal cases or their incidents before the Supreme Court. At the very least, the Provincial Fiscal himself, with the conformity of the Solicitor General shall act for the People of the Philippines.
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Appeal is taken within 15 days from promulgation of the judgment. This period shall be suspended from the time a motion for new trial or reconsideration is filed until notice of overruling the motion has been served upon the accused at which time the balance of the period begins to run. The period of appeal seems to have been amended by the SC ruling in Domingo Neypes et.al., vs CA, et.al, G.R. No. 141524 Sept. 24, 2005 (469 SCRA 633). “To standardize the appeals period provided in the Rules and to afford litigants fair opportunity to appeal their cases, the court deems it practical to allow a fresh period rule of 15 days within which to file the notice of appeal on the RTC, counted from the receipt of the order dismissing a motion for new trial or motion for reconsideration. NOTE: Although the SC has made this ruling on a civil case, it is submitted that if the court has applied this rule to all other appeals involving civil cases, with more reason should the defendant in a criminal case be given ample time to file his appeal (Sabio, Jose L. Criminal Procedure Rules 110-127, p 228) Section 7. Transcribing and filing notes of stenographic reporter upon appeal Section 8. Transmission of papers to appellate court upon appeal Within 5 days from the filing of the notice of appeal, the clerk of court with whom the notice of appeal was filed must transmit to the clerk of court of the appellate court the complete record of the case together with said notice. Section 9. Appeal to the Regional Trial Courts Section 10. Transmission of records in case of death penalty Section 11. Effect of appeal by any of several accused Effects of Appeal by Any of the Accused An appeal taken by one or more of the several accused shall not affect those who did not appeal except insofar as the judgment of the appellate court QuickTime™ and a TIFF (Uncompressed) decompressor is favorable and applicable to the latter. are needed to see this picture. The appeal of the offended party from the civil aspect shall not affect the criminal aspect of the judgment or order appealed from. Upon perfection of the appeal, the execution of the judgment or final order appealed from shall be stayed as to the appealing party. Section 12. Withdrawal of appeal An appellant may withdraw his appeal before the record has been forwarded by the clerk of court of the proper appellate court as provided by Sec. 8 in which case the judgment shall become final. The court may also, in its discretion, allow the appellant to withdraw his appeal, provided a motion to that effect is filed before the rendition of judgment in the case on appeal (People v. Madrigal-Gonzales, 117 SCRA 956). Once appeal is withdrawn, the decision or judgment appealed from becomes at once final and executory. (People v. Dueño, 90 SCRA 23). Section 13. Appointment of counsel de oficio for accused on appeal The duty of the counsel de oficio does not terminate upon judgment of the case. It continues until appeal.
RULE 123 PROCEDURE IN MUNICIPAL TRIAL COURTS Section 1. Uniform procedure GENERAL RULE The procedure in the Regional Trial Court shall be applicable to the procedure in Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Court. EXCEPTIONS 1. Particular provision is made applicable only to either of such courts 2. In cases governed by the Rule on Summary Procedure
RULE 124 PROCEDURE IN THE COURT OF APPEALS COURT OF APPEALS The Court of Appeals has no jurisdiction without judgment of conviction. The Court of Appeals shall give precedence in the disposition of appeals of accused who is under detention. It shall hear and decide the appeal at the earliest practicable time with due regard to the rights of the parties.
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Section 1. appellant’s brief accompanied by proof of service of 2 copies thereof to the appellant. it is not necessary for the appellant to make assignment of errors in his brief. Section 5. oral and documentary. Although not often done in the judicial system. When the accused appeals a judgment of conviction. except when he is represented by counsel de oficio 2. to assist the court in arriving at a just and proper conclusion. Flight of the appellant to a foreign country during the pendency of the appeal NOTE: Ground (1) is deemed abandonment of appeal. he waives the constitutional safeguard against double jeopardy. Section 10. reply brief of appellant The appellee shall file 7 copies of the brief with the QuickTime™ and a TIFF (Uncompressed) decompressor clerk of court within 30 days from receipt of the are needed to see this picture. grounds (2) (3) (4) are deemed failure to prosecute EFFECT OF FAILURE TO PROSECUTE APPEAL 1. BRIEF It literally means a short or condensed statement. the case of People v. Prompt disposition of appeals It is discretionary on the appellate court whether it will order a hearing of the case or decide the appeal solely on the evidence submitted to the trial court. Section 8. Judgment not to be reversed or modified except for substantial error Judgment of the lower courts shall be reversed or modified only when the Court of Appeals is of the opinion that error was committed which injuriously affected the substantial rights of the appellant after it examined the record and evidence adduced by the parties. Section 6. are already attached to the record. Calayca states that the appellate Page 230 of 289 . Failure on the part of the appellant to file his brief within the reglementary period. evaluate the evidence and then decide. Appellant jumps bail 4. Escape of the appellant from prison 3. Section 4.Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Rights of Accused Appellant An accused-appellant may change his theory on appeal. Appointment of counsel de oficio for the accused WHEN ACCUSED MAY BE GIVEN COUNSEL DE OFICIO ON APPEAL 1. Dismissal of appeal for abandonment or failure to prosecute GROUNDS FOR DISMISSAL OF APPEAL 1. as on appeal. Form of briefs Section 7. the whole record of the case is submitted to and reviewable by the appellate court. he voluntarily submits to the jurisdiction of the court or b. judgment of the court below becomes final 2. If the CA chooses not to conduct a hearing. accused cannot be afforded the right to appeal unless a. When brief for appellee to be filed. Title of the case Section 2. he is otherwise arrested within 15 days from notice of judgment against him Section 9. thus the case opens the whole action for review on any questioning including those not raised by the parties. The purpose of the brief is to present to the court in concise form the points and questions in controversy. the justices composing the division deliberate on the case. Contents of brief Unlike in civil actions. accused is confined in prison 2. Extension of time for filing briefs Generally not allowed except for good and sufficient cause and only if the motion for extension is filed before the expiration of the period sought to be extended. When brief for appellant to be filed 7 copies of the brief shall be filed within 30 days from receipt by the appellant or his counsel of the notice from the clerk of court that the evidence. and by fair argument on the facts and law of the case. he signed the notice of appeal himself An appellant who is not confined in prison may request for counsel de oficio within 10 days from receipt of notice to file appellant’s brief and the right thereto is established by affidavit Section 3. but every circumstance in favor of the accused should be considered. he is without counsel de parte on appeal 3.
the CA bases its modification on errors of law or fact. Appeal the SC is not a matter of right. Section 17. where the court grants a new trial based only on the ground of newly discovered evidence Section 13. Uniform procedure Procedure in the SC in appealed cases is the same as in the CA. reverse. The proper remedy for lack of jurisdiction or extrinsic fraud is certiorari (Rule 65) or Habeas Corpus ( Rule 102) RULE 125 PROCEDURE IN THE SUPREME COURT Section 1. claims for damages arising from provisional remedies c. Power to receive evidence POWERS OF THE CA 1. a certified true copy of the judgment shall be attached to the original record which shall be remanded to the clerk of court from which the appeal was taken. remand the case to the trial court for new trial or retrial 4. Certification or appeal of case to the Supreme Court Three Justices constitute a quorum for the sessions of a division Unanimous vote of the 3 Justices of a division shall be necessary to pronounce a judgment or a final resolution. Section 2. unless otherwise provided by the Constitution or law. affirm or modify the judgment 2. or life imprisonment after discussing the evidence and law involved. Where new trial conducted The appellant may move for a new trial any time after the appeal from the lower court has been perfected and before the judgment of the Court of Appeals convicting him becomes final. to try cases and conduct hearings 2. Section 16. Scope of judgment SCOPE OF JUDGMENT OF CA 1. Section 18. to receive evidence 3. committee of the Court to designate two additional Justices in the division hearing the case and the concurrence of a majority of such division shall be necessary for the pronouncement pf a judgment or final order. Reconsideration A motion for reconsideration shall be made within 15 days after notice of the decision or final order of the Court of Appeals. but a matter of sound judicial discretion A direct appeal to the SC on questions of law – in cases where the penalty imposed is not reclusion perpetua or death – precludes a review of the facts. Motion for new trial Section 15. Application of certain rules in civil procedure to criminal cases NOTE: Rule 47 does NOT APPLY TO CRIMINAL ACTIONS. Section 12. falling within its original and appellate jurisdiction b. In the event that there is no unanimous QuickTime™ and a TIFF (Uncompressed) decompressor vote. reclusion perpetua. to perform any and all acts necessary to resolve factual issues raised in cases: a. the case is certified and immediately elevated to the Supreme Court for review. Modify vs Revise In modifying the decision. Judgment transmitted and filed in trial court When the entry of judgment of the Court of Appeals is issued. the court merely changes manner the decision is written. Review of decisions of the Court of Appeals Page 231 of 289 . the Presiding Justice shall direct the raffle are needed to see this picture. Should the Court of Appeals impose the penalty of death. Section 11.Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 court may reverse the trial court’s decision on the basis of grounds other than those that the parties raised as errors. In revision. increase or reduce the penalty imposed 3. Section 14. dismiss the case NOTE: CA cannot revise the judgment because this would violate the rule that the judge must write the decision personally.
It does not specify or describe with particularity the things to be searched and seized. 133254-55 (2001) The Dangerous Drugs Act of 1972 is a special law that deals specifically with dangerous drugs which are subsumed into “prohibited” and “regulated” drugs and defines and penalizes categories of offenses which are closely related or which belong to the same class or species. Garaygay v. No. No presumptions of regularity are to be invoked in aid of the process when an officer undertakes to justify under it. conjectures and surmises 2. G. are needed personal property 4. when certain material facts had been overlooked which. the remedy is alternative. order in writing 2. either to be recognized as a witness or to be subject to such further proceedings as the ends of justice may require. It is in the nature of a criminal process and may be invoked only in furtherance of public prosecutions. Decision if opinion is equally divided A criminal case shall be reheard by the Supreme Court en banc when the court en banc is equally divided in the opinion or the necessary majority cannot be had.R. mistaken or impossible 3. A search warrant must conform strictly to the requirements of the constitutional and statutory provisions under which it is issued. People. when there is grave abuse of discretion in the appreciation of facts 4. if taken into account would alter the result as it would give rise to reasonable doubt to acquit the accused. It has no relation to civil processes or trials b. and bring the person in whose custody they are found. when the CA went beyond the issues of the case and the same is contrary to the admissions of both appellant and appellee 7. People v. It is not available to individuals in the course of civil proceedings. G.R. ELEMENTS OF A SEARCH WARRANT 1. the finding is grounded entirely on speculation. the determination of the guilt of the accused GENERAL WARRANT It is a process which authorizes the search and seizure of things. 138758 (2000) Where a search warrant is issued by one court and the criminal action based on the results of the search is afterwards commenced in another court. a motion to quash the warrant/to retrieve things thereunder seized may be filed for the first time in either the issuing court or that in which the criminal action is pending. Ko. Search warrant defined SEARCH WARRANT An order in writing signed by judge in the name of the People of the Philippines commanding a peace officer to search for personal property and bring it before the court. in a general manner. judgment is premised on a misapprehension of facts 5. findings of facts are conflicting 6. However. SEARCH WARRANT WARRANT OF ARREST Page 232 of 289 . This kind of warrant is VOID as it infringes on the constitutional mandate requiring particular description of the things to be seized. Section 3. No. RULE 126 SEARCH AND SEIZURE Section 1. If no decision is reached. the conviction of the lower court shall be reversed and the accused acquitted. Accordingly. otherwise it is VOID It will always be construed strictly without going the full length of requiring technical accuracy. Object of a Search Warrant To obtain the goods. d. c. It is INTERLOCUTORY in character – it leaves something more to be done. one search warrant may thus be validly issued for the said violations of the Dangerous Drugs Act.Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 INSTANCES WHEN FINDINGS OF FACTS OF CA ARE NOT CONCLUSIVE ON SC 1. signed by judge in the name of the People of the Philippines QuickTime™ officer and a 3. It is not for the maintenance of any private right. commanding a peace to search for TIFF (Uncompressed) decompressor to see this picture. when the inference made is manifestly absurd. to bring the property before the court NATURE OF A SEARCH WARRANT a. not cumulative.
Subject of the offense. Note: A search warrant to be valid requires strict compliance with the Constitution. being gambling devices Notes on Seizure of Personal Property: Property seized is not required to be owned by the person against whom the search warrant is directed It is not necessary that there be arrest or prosecution before seizure could be affected The fact that a thing is a corpus delicti of a crime does not justify the seizure without a warrant Section 4. He may rely on the affidavits of the witnesses and the recommendation of the prosecutor. there must be probable cause 2. record REQUISITES FOR ISSUING A SEARCH WARRANT 1. Implements of gaming and counterfeiting 4. which must be determined personally by the judge Valid only for 10 days May be served on any day and at any time of day or night The judge need not conduct a personal examination of the applicant and his witnesses. for compelling reasons. The judge must conduct a personal. The violation of the right to privacy produces a humiliating effect which cannot be rectified anymore. Proceeds or fruits of the offense.Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 The applicant must show: 1. Personal property to be seized KINDS OF PERSONAL PROPERTY TO BE SEIZED: 1. Does not become stale To be served only during the daytime. the person to be arrested can always post bail to prevent the deprivation of liberty. Examination of complainant. This is why there is no other justification for a search. searching examination of the applicant and his witnesses The applicant must show: 1. 2. or of his person. GENERAL RULE: It should be filed with the court within whose territorial jurisdiction the crime was committed. Powder and other explosive and dangerous materials so kept as to endanger public safety 8. it can be filed with the court within whose judicial region the offense was committed or where the warrant is to be served. Lottery tickets 5. But if the criminal action has already been filed. that the items will be found in the place to be searched. SEARCH It is an examination of a man’s house. Section 3. unless affidavit alleges that the property is on the person or in the place to be searched In general. probable cause that an offense has been committed. SEIZURE It is the physical taking of a into custody. Stolen goods 2. the requirements for the issuance of a search warrant is more stringent than the requirements for the issuance of a warrant of arrest. Slot machines. that the items sought are in fact sizeable by virtue of being connected with criminal activity. Those supposed to have been smuggled into the country in violation of the revenue laws 3. that the person to be arrested committed it. with a view to the discovery of some evidence of guilt to be used in the prosecution of a criminal action for some offense with which he is charged. in a warrant of arrest. Section 2 Article III of the 1987 Constitution is the constitutional basis of the rule on search and seizure Section 2. 2. Requisites for issuing search warrant Section 5. and 3. buildings or other premises. Obscene books and papers kept for sale or circulation 7. except a warrant. The means used or intended to be used for committing an offense SEARCH WARRANTS HAVE BEEN ALLOWED TO SEARCH FOR THE FF: 1. On the other hand. 2. EXCEPTIONS: 1. the application for a search warrant can only be made in the court where the criminal action is pending. Prohibited liquors kept for sale contrary to law 6. QuickTime™ and thing a TIFF (Uncompressed) decompressor contemplates a forcible disposition of the owner are needed to see this picture. 2. Court where application for search warrant shall be filed Page 233 of 289 .
caprice or passion of peace officers. upon personal examination in writing and under oath of the complainant and his witnesses in the form of probing and searching questions and answers on facts personally known to them 4. Particularity of Description The warrant must particularly describe the place to be searched and the persons or things to be seized. Determination of Probable Cause Probable cause presupposes the introduction of competent proof that the party against whom it is sought has performed particular acts or committed specific omissions violating a given provision of our criminal laws. Examination must be reduced to writing in the form of probing and searching questions.Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 3. The nearer the time at which the observation of the offense is alleged to have been made. there is neither a trial nor a part of the trial. A good and practical rule of thumb is to measure the nearness of time given in the affidavit as to the date of the alleged offense. that are in themselves sufficient to induce a cautious man to believe that the person against whom the search warrant is applied had committed or is about to commit a crime PROBABLE CAUSE FOR A SEARCH It is defined as such facts and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has been committed and that the objects sought in connection with the offense are in the place sought to be searched. A warrant issued for the seizure of drugs connected with “violation of the Dangerous Drugs Law” is valid. It must be under oath 3. particularly describing the place to be searched and the items to be seized 6. the probable cause must be in connection with one specific offense 5. the more reasonable the conclusion of establishment of probable cause QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. Although there are many ways of violating the Dangerous Drugs Law. The examination must be probing and exhaustive. The description must be so particular that the officer charged with the execution of the warrant will be left with no discretion respecting the property to be taken. and the time of the making the affidavit. It may be said that the person to be searched is particularly described in the search warrant when his name is stated in the search warrant. Answers given cannot be based merely on reliable information. it is not a scatter shot warrant since it is in connection with only one penal law. REQUISITES OF PERSONAL EXAMINATION BY THE JUDGE 1. since the law requires that a warrant should only be issued in connection with one specific offense. Application for a search warrant is heard ex-parte. The judge must examine the witnesses personally 2. but there is no general formula or fixed rule for the determination of the existence of probable cause. not merely routinary or pro forma The questions must not merely be answerable by yes or no. Probable Cause Must be in Connection with One Specific Offense The purpose of this rule is to outlaw general warrants. The constitution requires that it be a description which particularly points to a definitely ascertainable place. Probable cause is determined in the light of the conditions obtaining in given situations. SCATTER SHOT WARRANT It is a warrant that is issued for more than one offense. the sworn statements together with the affidavits of the witnesses must be attached to the record. Otherwise. he is designated by words sufficient to enable the officer to identify him without difficulty. or if the name is unknown. PROBABLE CAUSE (IN GENERAL) Such facts and circumstances antecedent to the issuance of the warrant. Test to determine if an affidavit or testimony of the witness is based on personal knowledge is whether perjury could be charged against the witness. so as to exclude all others. It is void. this would place the sanctity of the domicile and the privacy of communication and correspondence at the mercy of the whims. Probing and Searching Questions Page 234 of 289 .
OFFICERS EXECUTING A SEARCH MUST DO THE FOLLOWING ACTS: 1. property is on the person or place to be searched The general rule prohibits search in the night because sometimes robberies happen. it still cannot be seized. Note: The 2 witnesses rule applies only if there is no other occupant of the home Section 9. in which case. or in the presence of at least 2 witnesses of sufficient age and discretion. it is VOID. when officers have an honest belief that there is an imminent danger to life and limb 4. Delivery of property and inventory thereof to court. announce their presence 2.Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Search warrant is severable. 3. Issuance and form of search warrant Form of Search Warrant The search warrant must be in writing and must contain such particulars as the name of the person against whom it is to be enforced. Validity of search warrant A warrant is valid for ten days from its date. person in premises refuses to open it upon demand 2. show to them the search warrant 4. aware of the presence of someone outside. if there are emergencies 2. Receipt for the property seized Section 12. residing in the same locality The searching officer should also be considerate of the premises searched. Even if the object was related to the crime. and for a different purpose each day – warrant used to seize one thing cannot be used as authority to make another search This rule is NOT APPLICABLE when the search for a property mentioned in the warrant was not completed on the day when the warrant was issued and had to be continued the next day Section 11. but it is not mentioned in the warrant nor is it mala prohibita. KNOCK AND ANNOUNCE PRINCIPLE GENERALLY. place to be searched and the specific things to be seized Section 7. the officers should go to the court to have it corrected Anything not included in the warrant cannot be seized EXCEPT if it is mala prohibita. he is protected even if the complaint is proven to have been unfounded. and those items not particularly described may be cut off without destroying the whole warrant if there’s an error in the warrant. Right to break door or window to effect search If the officer acts within the command of his warrant. Time of making search GENERAL RULE Warrant must be directed and served in the daytime EXCEPTIONS: 1. The property will then be held in custodia legis Page 235 of 289 . Search of house. under the pretense of searches Section 10. and should carefully replace anything he finds necessary to remove. After such time. A search warrant cannot be used everyday for 10 days. Section 6. room. are then engaged in activities which justifies the officers to believe that an escape or the destruction of evidence is imminent Section 8. the seizure can be justified under the plain view doctrine. person in the premises already knew of the QuickTime™ and a TIFF (Uncompressed) decompressor identity and authority of the officers are needed to see this picture. or premises to be made in presence of two witnesses In searching a house. identify themselves to the accused and to the persons who rightfully have possession of the premises to be searched 3. when those in the premises. offense for which it was issued. explain the warrant in a language or dialect known and understood by them WHEN UNANNOUNCED INTRUSION IS PERMISSIBLE 1. return and proceedings thereon Officer seizing the property under the warrant must give a detailed receipt for the same to the lawful occupant or any member of the family or at least 2 witnesses of sufficient age and discretion residing in the same locality. such shall be done in the presence of a lawful occupant or any member of his family. room or other premises. he should mar the premises as little as possible.
Emergency 10. Page 236 of 289 . Search incident to lawful arrest ALLOWABLE WARRANTLESS SEARCHES AND SEIZURES: 1. The remedy for questioning the validity of a search warrant can only be sought in the court that issued it. The objection to an unlawful search and seizure is purely personal and cannot be availed by third parties. Validity of Checkpoints Checkpoints are not per se invalid provided that searches conducted therein are limited to a mere cursory inspection (Valmonte case) UNREASONABLE SEARCH AND SEIZURE It is such where it is not authorized by statute. where drugs pour out – not plain view Searches Incident to Lawful Arrest This right includes searching the person who is arrested. Incidental to lawful arrest 2. Search of moving vehicles 4. Rules on Reasonableness of Search What constitutes a reasonable or unreasonable search or seizure in any particular case is purely a judicial question Such is determinable from a consideration of the circumstances involved. he voluntarily and intelligently gives consent Search of Moving Vehicles Vessels and aircrafts may be searched and seized without a warrant because a vessel can be quickly moved out of the locality before a warrant could be secured. contemporaneously with the arrest. It could thus only be invoked against the State. in spite of knowledge of the right. item must be visible – seen without any further search. Consented search (waiver of right) 3. valid intrusion 2. right exists 2. Stop-and-frisk situations 9. takes a peak and sees drugs • can be seized because malum prohibitum but cannot be introduced as evidence because not in plain view • if detected through smell. person making the consent knows that he has the right 3. Checkpoints 6. sees a box. e. not in the sala of another judge of concurrent jurisdiction. in order to find and seize the things connected with the crime as its fruits or as the means by which it was committed Search made without a warrant cannot be justified as an incident of arrest unless the arrest itself was lawful A search is not incidental to the QuickTime™ and a arrest unless the TIFF (Uncompressed) decompressor search is made at to see the place of arrest. police officer chasing a suspect. inadvertent discovery Ex. are needed this picture.Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Section 13. or where the conditions prescribed by the stature have not been met. The area that may be validly searched is limited to the area within the immediate control of the person arrested REQUISITES FOR VALID WAIVER OF RIGHT (CONSENTED SEARCH) 1. accidentally hits a jar. not case of plain view but probable cause • if detected by canines . in a transparent bag 3.as if police themselves have smelled it • if police chases a person. Searches and seizure inside presumptively unreasonable a home are Constitutional prohibition against unlawful searches and seizure applies as a restraint directed only against the government and its agencies tasked with the enforcement of the law. Who May Question the Validity of a Search The legality of a seizure can be contested only by the party whose rights have been impaired thereby. RA requiring inspections or body checks in airports 7. including the ff: • The purpose of the search • Presence or absence of probable cause • Manner in which the search and seizure was made • Place or thing searched • Character of the articles procured.g.Enforcement of health and sanitary laws REQUISIITES FOR PLAIN VIEW DOCTRINE 1. When there are illegal articles open to the eye and hand (plain view) 8. Enforcement of customs laws 5.
3. Motion to suppress evidence with the court trying the criminal case. Although civil action is suspended until final judgment in the criminal case. or any officer of a corporation. a motion to suppress evidence cannot be availed of subsequently NOTE: A third option would be to file an action for replevin if the properties seized were lawfully possessed. NOTE: These remedies are ALTERNATIVE. 4. or an attorney. When action is against a party guilty of fraud in contracting the debt upon which action is brought. and RULE 127 PROVISIONAL REMEDIES IN CRIMINAL CASES QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. factor. 3. or 2. broker. However. 5. MTQ may be filed with the court who issued the warrant. 2. Section 1. if such court failed to resolve the motion and a criminal action is subsequently filed in another court. When action for recovery is on a cause of action arising from law. When the criminal action is based on a claim for money or property embezzled or fraudulently misapplied or converted to the use of the accused who is a public officer. Attachment (Rule 57) Page 237 of 289 . PROVISIONAL REMEDIES UNDER THE RULES OF COURT: 1. When action is against a party who removed or disposed of his property or is about to do so. Motion to quash a search warrant or suppress evidence. Preliminary writs and auxiliary writs referred to are those such as the ff: • Preliminary injunction • Attachment • Appointment of receiver • Fixing amounts of bonds Section 2. hence if a motion to quash is denied. contract. Injunction (Rule 58) Receivership (Rule 59) Replevin (Rule 60) Support Pendente Lite (Rule 61) Purpose of Provisional Remedies Provisional remedies are applied pending litigation. 4. or by any person in a fiduciary capacity.Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Objections to the legality of the search warrant and to the admissibility of the evidence obtained are deemed waived when no objection to the legality of the search warrant was raised during the trial. WHERE TO FILE MOTION TO QUASH WARRANT 1. or in the performance of incurred obligation. agent. the motion shall be resolved by the latter court 2. with intent to defraud his creditors. papers and things are admissible in evidence has already been ABANDONED. The exclusion of such evidence is the only practical means of enforcing the constitutional injunction against unreasonable searches and seizures. delict. the court is not deprived of its authority to issue preliminary and auxiliary writs which do not go into the merits of the case. Availability of provisional remedies PROVISIONAL REMEDY It is one provided for present need or one that is adopted to meet a particular exigency. in the course of his employment as such. Attachment ATTACHMENT It is a remedy afforded to the offended party to have the property of the accused attached as security for the satisfaction of any judgment that may be recovered from the accused CASES WHERE ATTACHMENT IS AVAILABLE: 1. saying that illegally seized documents. or quasi-delict and accused is about to abscond from the Philippines. If not criminal action has been instituted. When the accused has concealed. it is in order to preserve or dispose of the subject matter. quasicontract. Section 14. where to file REMEDIES OF PARTY ADVERSELY AFFECTED BY A SEARCH WARRANT: 1. to secure the judgment or preserve the status quo If provisional remedies are applied for after judgment. or clerk. The Moncado Ruling. Motion to quash the search warrant with the issuing court. 5. May be filed and acted upon ONLY by the court where the action has been instituted 2. or for a willful violation of duty. removed or disposed of his property or is about to do so.
Public prosecutor has the authority to apply for preliminary attachment as may be necessary to protect the interest of the offended party. vs CA.Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 6. This may be filed at the commencement of a criminal action or at any time before entry of judgment as security for the satisfaction of any judgment that may be recovered in the aforementioned cases. 172 SCRA 480 (1989) No notice to the adverse party or hearing on the application is necessary before a writ of preliminary attachment may issue. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. When the Philippines accused resides outside the Mindanao Savings. etc. Page 238 of 289 .