CRIMINAL PROCEDURE NOTES Page 1 of 120

PRELIMINARY CHAPTER WHAT IS THE CLASSIFICATION OF LAWS ACCORDING TO APPLICATION?  Public and private law  Public law: laws that define the relationship between the State and the individual (e.g Constitution, Revised Penal Code)  Private law: laws that define the relationship between individuals (e.g Civil Code, Commercial laws) WHAT IS THE CLASSIFICATION OF LAWS ACCORDING TO ITS NATURE?  Substantive and procedural law  Substantive law is the law that creates, defines and regulates  Procedural law defines the method or proceedings in the enforcement of the rights and duties defined in substantive law SUBSTANTIVE LAW: 1. Creates 2. Defines 3. Regulates WHAT IS CRIMINAL PROCEDURE?  Criminal procedure 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  As applied to criminal law, procedural law provides or regulates the steps by which one who has committed a crime is to be punished MEMORY AID: CRIMINAL PROCEDURE IS THE 1. METHOD prescribed by law 2. For the APPREHENSION AND PROSECUTION of 3. Persons ACCUSED OF ANY CRIMINAL OFFENSE and 4. For their PUNISHMENT, in case conviction WHAT IS CRIMINAL PROCEDURE CONCERNED WITH?  Procedural steps through which the criminal case passes commencing with the investigation of a crime and concluding with the unconditional release of the offender  Generic term to describe the network of laws and rules which govern the procedural administration of criminal justice WHAT ARE THE SOURCES OF CRIMINAL PROSECUTION?

1. 2. 3. 4.

Spanish law on criminal procedure General Order No. 58, dated April 23, 1900 Amendatory acts passed by the Philippines Commission The quasi-acts, the Philippine Bill of 1902, the Jones law of 1916, Tydings-McDuffie Law, and the Constitution of the Philippines 5. The Rules of Court of 1940, and the 1964, 1985, and 1988 Rules on Criminal Procedure 6. Various Republic Acts: RA 240; New Rule 127, providing for attachment; RA 296, Judiciary Act of 1948 defining criminal jurisdiction; BP 129, as amended by RA 7691; RA 8249 creating the Sandiganbayan; RA 8349: Speedy Trial Act of 1998 7. Presidential decrees 8. Article 3: Bill of Rights of 1987 Constitution 9. Civil Code, in particular Articles 32, 33, and 34 10. Certain judicial decisions 11. Circulars 12. The Revised Rules on Criminal Procedure WHAT ARE THE THREE SYSTEMS OF CRIMINAL PROCEDURE? 1. THE INQUISITORIAL SYSTEM 2. THE ACCUSATORIAL SYSTEM 3. THE MIXED SYSTEM INQUISITORIAL SYSTEM  Detection and prosecution of offenders are NOT LEFT IN THE INITIATIVE OF PRIVATE PARTIES but to the officials and agents of the law  Resort is to SECRET INQUIRY to discover the culprit, and violence and torture are often employed to extract confessions  Judge not limited to evidence brought before him but could proceed with his own inquiry which is not confrontational  Characterized by secrecy—public doesn’t know of the proceedings ACCUSATORIAL SYSTEM  Every citizen or member of the group to which the injured party belongs may bring the accusation against a person suspected as the offender  Action supposed to be a combat between the parties---the supposed offender has the right to be confronted by his accuser  Battle takes form of a public trial and is judged by a magistrate who renders a verdict  The essence of this system is the right to be presumed innocent— to defeat this presumption, the prosecution must establish proof of guilt beyond reasonable doubt or moral certainty

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2D 2010

CRIMINAL PROCEDURE NOTES Page 2 of 120

 

Judicial setup in the Philippines is accusatorial in nature Characterized by being public

In civil cases, may be waived or stipulated by the parties

Granted by law or by the constitution and cannot be waived or stipulated

MIXED SYSTEM  Combination of the inquisitorial and accusatorial systems CRIMINAL LAW Essentially substantive—defines crimes, treats of their nature, and provides for their punishment What acts are punishable CRIMINAL PROCEDURE Remedial or procedural—method by which a person accused of a crime is arrested, tried and punished How the act is punished

IN CRIMINAL CASES, IS VENUE AND JURISDICTION ONE AND THE SAME?  Yes, it should be filed where the crime is committed.  This is different from civil cases, wherein venue and jurisdiction are different with one another CRIMINAL JURISDICTION  Authority to hear and try a particular offense and impose the punishment for it ELEMENTS OF CRIMINAL JURISDICTION 1. Nature of the offense and the penalty attached thereto 2. Fact that the offense has been committed within the territorial jurisdiction of the court WHAT ARE THE REQUISITES FOR A VALID EXERCISE OF CRIMINAL JURISDICTION? 1. Jurisdiction over the person 2. Jurisdiction over the territory 3. Jurisdiction over the subject matter WHAT IS JURISDICTION OVER THE SUBJECT MATTER?  Power to hear and decide cases of the general class to which the proceedings in question belong and is conferred by the sovereign authority which organizes the court and defines its powers WHAT ARE THE ELEMENTS OF JURISDICTION OVER SUBJECT MATTER? 1. Nature of the offense 2. Authority of the court to impose the penalty imposable given the allegation in the information 3. Territorial jurisdiction of the court imposing the penalty WHICH LAW DETERMINES THE JURISDICTION OF THE COURT—THE LAW IN FORCE AT THE TIME OF THE COMMISSION OF THE OFFENSE OR THE ONE IN FORCE AS OF THE TIME WHEN THE ACTION IS FILED?  General rule: the law as of the time when the action is filed, and not when the offense was committed  Exception to the rule: where jurisdiction is dependent on the nature of the position of the accused at the time of the

HOW ARE THE RULES OF CRIMINAL PROCEDURE CONSTRUED?  Liberally construed in favor of the accused  Strictly construed against the State WHY SHOULD THE RULES OF CRIMINAL PROCEDURE BE CONSTRUED LIBERALLY IN FAVOR OF THE ACCUSED?  The purpose is to even the odds between the accused and the machineries of the State MAY THE RULES OF CRIMINAL PROCEDURE BE GIVEN RETROACTIVE EFFECT?  It is a general rule that rules of procedure may be given retroactive effect as far as it benefits the accused WHAT IS JURISDICTION?  Power or authority given by the law to a court or tribunal to hear and determine certain controversies  Power of courts to hear and determine a controversy involving rights which are demandable and enforceable VENUE Particular country or geographical area in which a court with jurisdiction may hear or determine a case Place of trial Procedural Substantive JURISDICTION Power of the court to decide a case on the merits

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2D 2010

CRIMINAL PROCEDURE NOTES Page 3 of 120

commission of the offense—in this case, jurisdiction is determined by the law in force at the time of the commission of the offense WHY IS THE APPLICABLE LAW THE LAW IN FORCE AT THE TIME WHEN THE ACTION IS FILED?  Since otherwise, it would amount to an ex post facto law if the law is given retroactive effect and it is not beneficial to the accused. WHAT IS ADHERENCE OF JURISDICTION?  Once jurisdiction is vested in the court, it is retained up to the end of the litigation  Remains with the court until the case is finally terminated  Exception to the rule: when a newly enacted statute changing the jurisdiction of a court is given retroactive effect. It can divest a court of jurisdiction over cases already pending before it is which were filed before the statute came to force or became effective. WHAT IS THE MOST IMPORTANT PRINCIPLE ON JURISDICTION?  Jurisdiction is conferred by law  This means that it cannot be the subject of stipulation or waiver HOW IS JURISDICTION DETERMINED?  It is determination of the allegations contained in the complaint or information SITUATION: X WAS CHARGED WITH AN OFFENSE WHOSE PENALTY IS BELOW 6 YEARS. THE CASE WAS FILED WITH THE MTC. AFTER TRIAL, THE MTC CONVICTED HIM OF THE CRIME WITH A HIGHER PENALTY THAN 6 YEARS. X QUESTIONED THE CONVICTION, CLAIMING THAT THE MTC HAS NO JURISDICTION OVER THE OFFENSE SINCE THE PENALTY PRESCRIBED FOR IT WAS HIGHER THAN 6 YEARS. VALID?  X is wrong  Jurisdiction over the subject matter is determined by the AUTHORITY OF THE COURT TO IMPOSE THE PENALTY IMPOSABLE GIVEN THE ALLEGATION IN THE INFORMATION  Not determined by the penalty that may be meted out to the offender after trial but to the extent of the penalty which the law imposes for the crime charged in the complaint IF DURING THE PROCEEDINGS, THE COURT FINDS THAT IT HAS NO JURISDICTION, HOW SHOULD IT PROCEED?  Lower courts should simply dismiss the case

Where the case is filed in the Supreme Court or the Court of Appeals, these courts can refer the case to the court with proper jurisdiction

WHAT IS THE JURISDICTION OF THE MUNICIPAL TRIAL COURTS IN CRIMINAL CASES? 1. Exclusive original jurisdiction over all violations of city or municipal ordinances committed within their respective territorial jurisdiction 2. Exclusive original jurisdiction over all offenses punishable with imprisonment not exceeding 6 years, regardless of the fine or other accessory penalties and civil liability 3. Offenses involving damage to property through criminal negligence 4. In cases where the only penalty provided by law is a fine, it has exclusive jurisdiction over offenses punishable by a fine not exceeding P4000 5. In election offenses, cases involving failure to register or failure to vote 6. Special jurisdiction to hear and decide petitioners for a writ of habeas corpus or application for bail in the province or city where the RTC judge is absent 7. Cases involving BP 22—Bouncing Checks Law WHAT IS THE JURISDICTION OF REGIONAL TRIAL COURTS IN CRIMINAL CASES? 1. Exclusive original jurisdiction in criminal cases not within the exclusive jurisdiction of any court, tribunal or body, except those falling under the exclusive and concurrent jurisdiction of the Sandiganbayan All criminal cases where the penalty is higher than 6 years, including government-related cases wherein the accused in not one of those falling under the jurisdiction of the Sandiganbayan is within the jurisdiction of the RTC. 2. Other laws which specifically lodge jurisdiction in the RTC a. Laws on written defamation or libel b. Decree on Intellectual Property c. Dangerous Drugs Cases except where the offenders are below 16 years and there are Juvenile and Domestic Relations Courts in the province

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2D 2010

CRIMINAL PROCEDURE NOTES Page 4 of 120

3. 4.

Appellate jurisdiction over all cases decided by MTCs in their respective territorial jurisdiction In areas where there are no family courts, the cases falling under the jurisdiction of family courts shall be adjudicated by the RTC

3.

WHAT IS THE MEANING OF THE TERM “REGULAR COURTS”?  It refers to civil courts as opposed to military courts  Military courts cannot try and exercise jurisdiction over civilians for offenses allegedly committed by them as long as civil courts are open and functioning WHAT COURT HAS JURISDICTION OVER A COMPLEX CRIME?  Trial court having jurisdiction to impose the maximum and more serious penalty on an offense forming part of the complex crime WHAT IS TERRITORIAL JURISDICTION?  Territorial jurisdiction means that a criminal action should be filed in the place where the crime was committed, except in those cases provided for in Article 2 of the Revised Penal Code WHAT ARE THE CASES PROVIDED FOR IN ARTICLE 2? 1. Should commit an offense while on a Philippine ship or airship; 2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands; 3. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the preceding number; 4. While being public officers or employees, should commit an offense in the exercise of their functions; or 5. Should commit any of the crimes against national security and the law of nations, defined in Title One of Book Two of this Code. HOW IS JURISDICTION OVER THE PERSON OF THE ACCUSED ACQUIRED? 1. Upon the lawful arrest of the accused 2. Upon his voluntary appearance or submission to the court WHEN IS THERE A LAWFUL ARREST? 1. When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense; 2. When an offense has just been committed and he has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it;

4.

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 is temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another Hot pursuit

WHAT DOES IT MEAN WHEN A PERSON VOLUNTARILY SUBMITS HIMSELF TO THE COURT?  He cannot anymore question the jurisdiction of the court over his person WHEN CAN A PERSON QUESTION THE LEGALITY OF HIS ARREST?  An accused may question the legality of his arrest before he enters his plea CAN JURISDICTION OVER THE PERSON BE WAIVED?  Yes  Unlike jurisdiction over the offense which is conferred by the Constitution or by law, jurisdiction over the person may be waived  For example, any objection to the procedure leading to the arrest must be opportunely raised before the accused enters his plea, or it is deemed waived SITUATION: X WAS CHARGED IN COURT WITH AN OFFENSE. X FILED A MOTION TO QUASH ON THE GROUND THAT THE COURT HAS NO JURISDICTION OVER HIS PERSON BECAUSE THE ARREST WAS ILLEGAL AND BECAUSE THE INFORMATION WAS INCOMPLETE. CAN X INVOKE LACK OF JURISDICTION OF THE COURT OVER HIS PERSON?  No. X cannot invoke the lack of jurisdiction of the court  One who desires to object to the jurisdiction of the court over his person must appear in court for that purpose only, and if he raised other questions he waives the objection. SITUATION: X WAS CHARGED WITH ESTAFA IN MAKATI WHILE HE IS IN THE US. HE WAS INFORMED ABOUT THIS AND HE MOVED FOR THE QUASHING OF THE INFORMATION AGAINST HIM. IS THE PRESENCE OF THE ACCUSED NECESSARY IN ORDER FOR THE COURT TO ACT ON A MOTION?  It is not necessary for the court to first acquire jurisdiction over the person of the accused to act on a motion, such as dismissing a case or other relief.

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2D 2010

CRIMINAL PROCEDURE NOTES Page 5 of 120

The outright dismissal of the case even before the court acquires jurisdiction over the person of the accused is allowed, except in applications for bail, in which instance the presence of the accused is mandatory.

WHAT IS THE RELATION OF THE PRINCIPLE OF ESTOPPEL TO ILLEGALITY OF ARRESTS?  A person who has not questioned the illegality of his arrest can not do so after a certain period DOES THE PRINCIPLE OF ESTOPPEL APPLY TO THE STATE?  No, it does not apply RULE 110 - PROSECUTION OF OFFENSES Section 1. Institution of criminal actions.– Criminal actions shall be instituted as follows: (a) For offenses where a preliminary investigation is required pursuant to section 1 of Rule 112, by filing the complaint with the proper officer for the purpose of conducting the requisite preliminary investigation. (b) For all other offenses, by filing the complaint or information directly with the Municipal Trial Courts and Municipal Circuit Trial Courts, or the complaint with the office of the prosecutor. In Manila and other chartered cities, the complaints shall be filed with the office of the prosecutor unless otherwise provided in their charters. The institution of the criminal action shall interrupt the running of the period of prescription of the offense charged unless otherwise provided in special laws. HOW ARE CRIMINAL ACTIONS INSTITUTED? 1. For offenses where a preliminary investigation is required, by filing a complaint with the proper officer for the purpose of conducting the requisite preliminary investigation 2. For the other offenses, by filing the complaint or information directly with the MTC or complaint with the office of the prosecutor WHAT IS THE EFFECT OF THE INSTITUTION OF THE CRIMINAL ACTIONS ON THE PERIOD OF PRESCRIPTION OF THE OFFENSE?  It shall interrupt the running off the period of prescription of the offense unless otherwise provided for in special laws  Rule doesn’t apply to violations of municipal ordinances and special laws—interrupted only by the institution of the judicial proceedings for their investigation and punishment, while violations of municipal ordinances prescribe after 2 months

WHY IS IT NOT NECESSARY FOR THE COURT TO FIRST ACQUIRE JURISDICTION OVER THE PERSON TO ACT ON A MOTION EXCEPT IN APPLICATIONS FOR BAIL?  Personal presence is needed in bail—the court needs to know who the person seeking liberty is SITUATION: X QUESTIONS THE LEGALITY OF HIS ARREST. HE COMES BEFORE THE COURT TO APPLY FOR BAIL. DID HE WAIVE HIS RIGHT TO QUESTION THE LEGALITY OF HIS ARREST?  Application for bail is not a waiver on the part of the arrested person as long as he has not entered his plea CAN A PERSON WAIVE TO QUESTION THE ILLEGALITY OF HIS ARREST?  He cannot question the illegality of his arrest after he enters his plea  He must question the illegality before arraignment or before he enters his plea HOW ARREST IS TO BE MADE?  An arrest is made by an ACTUAL RESTRAINT of a person to be arrested, or by his submission to the custody of the person making the arrest.  No violence or unnecessary force shall be used in making an arrest. The person arrested shall not be subject to a greater restraint than is necessary for his detention. WHAT DO WE MEAN BY ACTUAL RESTRAINT?  When the person is deprived of liberty or otherwise in the custody of the person making the arrest IS THERE AN EXCEPTION TO THE RULE OF PHYSICAL PRESENCE IN APPLICATION FOR BAIL?  See the PADARANGA CASE WHAT ARE THE REMEDIES OF A PERSON ILLEGALLY ARRESTED? 1. By the filing of a motion to quash 2. Refuse to enter plea (?)

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2D 2010

CRIMINAL PROCEDURE NOTES Page 6 of 120

INSTITUTION For offenses which require preliminary investigation, the criminal action is instituted by filing the complaint for preliminary investigation

COMMENCEMENT Criminal action is commenced when the complaint or information is filed in court

3. 4.

Where actions are coupled with provisional remedies Where the action may be barred by the statute of limitations

WHAT IS THE EFFECT OF THE FILING BEFORE THE LUPON BARANGAY TO THE RUNNING OF PRESCRIPTION?  It would interrupt the running of the prescriptive period but it should not be for more than 60 days  Sixty days counted from the time when the Lupon Secretary certifies that no conciliation or settlement was reached or upon repudiation of the parties of the agreement CAN THE OFFENDED PARTY GO DIRECTLY TO COURT TO FILE A CRIMINAL ACTION?  No. General rule is that before a complaint is filed in court, there should have been a confrontation between the parties before the Lupon Chairman. The Lupon secretary should certify that no conciliation or settlement was reached attested to by the Lupon Chairman.  The complaint may also be filed if the settlement is repudiated by the parties  Note: Lupon Tagapamayapa WHAT IS THE PROCEDURE IN THE KATARUNGAN PAMBARANGAY LAW? 1. While the dispute is under mediation conciliation or arbitration, the prescriptive periods for offenses and cause of action under existing laws shall be interrupted upon filing of the complaint with the Punong Barangay 2. Prescriptive periods shall resume upon receipt by the complainant of the complaint or the certificate of repudiation or of the certification to file action filed by the Lupon or Pangkat secretary 3. Provided however, that such interruption shall not exceed 60 days from the filing of the complaint with the Punong Barangay WHAT ARE THE EXCEPTIONS TO THE RULE? 1. Where the accused is under detention 2. Where a person has been otherwise deprived of personal liberty calling for habeas corpus proceedings

WHEN ARE AMICABLE SETTLEMENTS NOT ALLOWED? 1. Where one party is the government or any subdivision or instrumentality thereof 2. Where one party is a public officer or employee and the dispute relates to the performance of his official functions 3. Offenses punishable by imprisonment exceeding 1 year or fine exceeding P5000 4. Offenses where there is no private offended party 5. Where the dispute involves real properties located in different cities or municipalities 6. Disputes involving parties who reside in different barangays, cities or municipalities 7. Other cases which the President may determine in the interest of justice or upon the recommendation of the Secretary of Justice WHAT IS THE DIFFERENCE BETWEEN THE INSTANCES WHEN PARTIES MAY GO DIRECTLY TO COURT AND WHEN AMICABLE SETTLEMENTS ARE NOT ALLOWED?  The difference is that when the amicable settlements are not allowed, the parties may still go to the Lupon Taga-pamayapa. It is the Lupon that will say that it has no jurisdiction to settle the dispute, on the other hand, in the other instance, the parties may go directly to the court without going to the Lupon Sec. 2. The complaint or information – The complaint or information shall be in writing, in the name of the People of the Philippines and against all persons who appear to be responsible for the offense involved. WHAT IS THE FORM REQUIRED FOR THE COMPLAINT OR INFORMATION? 1. Shall be 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 WHY SHOULD THE COMPLAINT OR INFORMATION BE IN THE NAME OF THE PEOPLE OF THE PHILIPPINES?  Crime is considered an outrage against the peace and security of the people at large, its vindication must also be in the name of the people

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2D 2010

nobody will forget the charge TO WHOSE DECISION IS IT TO CHARGE PERSONS WHO APPEAR TO BE RESPONSIBLE FOR THE OFFENSE?  Prosecutor Sec. ANGELA LEONOR C. the officer. — Every person criminally liable for a felony is also civilly liable. or public officer charged with the enforcement of the law violated WHO IS THE OFFENDED PARTY?  Person actually injured or whose feeling is offended  One to whom the offender is also civilly liable under Article 100 of the RPC BY: MA. To afford adequate protection to constitutional rights of the accused 2. Subscribed by the offended party. IF THE OFFENDED PARTY DIES BEFORE HE IS ABLE TO FILE A COMPLAINT. compared to public crimes WHY DO WE HAVE TO MAKE A DISTINCTION BETWEEN PRIVATE AND PUBLIC CRIMES?  There is a deference to the offended party when it comes to private crimes CAN YOU FILE A COMPLAINT AGAINST A JURIDICAL PERSON?  No. any peace officer. When the acts of the officer are without or in excess of authority 5. through whom the corporation acts. When double jeopardy is clearly apparent 7. or regulation 6. Where the court had no jurisdiction over the offense 8. any peace officer. Where the prosecution is under invalid law. – A complaint is a sworn written statement charging a person with an offense. such is only a defect in form and may be cured at any stage of the trial Justice Sabio: there was this person charged of raping a woman who questions why “People of the Philippines v. Where is it a case of persecution rather than prosecution 9. WHAT IS A COMPLAINT? 1. or other public officer charged with the enforcement of the law violated. a criminal complaint cannot lie against a juridical person  If the corporation violates the law.CRIMINAL PROCEDURE NOTES Page 7 of 120   If the complaint was instituted in the name of the offended party. Juan dela Cruz” when he has only raped one person Article 100. the right to file a criminal action is personal and abates upon the death of the offended party. which is the public offended party  The individual. Sworn written statement 2. any peace officer. Where there is a prejudicial question which is sub judice (before a court or judge for consideration) 4. CAN HIS HEIRS FILE IT IN HIS BEHALF?  No. When necessary for the orderly administration of justice or to avoid oppression or multiplicity of actions 3. subscribed by the offended party. Charging a person with an offense 3. answers criminally for his acts MAY CRIMINAL PROSECUTIONS BE ENJOINED?  No. AGUINALDO ATENEO LAW 2D 2010 . Where the charges are manifestly false and motivated by the lust for vengeance HOW MANY OFFENDED PARTY COULD THERE BE?  Public and private offended parties  The State. Complaint defined. public interest requires that criminal acts must be immediately investigated and prosecuted  Why? For the protection of society  Enjoin: to forbid or command someone to do something  It is a matter of policy WHAT ARE THE EXCEPTIONS TO THE RULE THAT CRIMINAL PROSECUTIONS MAY BE ENJOINED? 1. who is the private offended party WHY SHOULD THE COMPLAINT BE IN WRITING?  So that the court has a basis for its decision  To inform the accused of the nature and cause of the accusation to allow him to present his defense  So that given the fallibility of human memory.  This pertains to private crimes. Civil liability of a person guilty of felony. or public officer charged with the enforcement of the law WHO MAY FILE A COMPLAINT?  May be filed by the offended party. It is not transmissible to his heirs. 3. ordinance.

if both are alive.CRIMINAL PROCEDURE NOTES Page 8 of 120 10. any peace officer. or public officer charged with the enforcement of the law violated may prosecute the case. even if a minor. The crimes of adultery and concubinage shall not be prosecuted except upon a complaint filed by the offended spouse. 5. ANGELA LEONOR C. abduction and acts of lasciviousness shall not be prosecuted upon a complaint filed by the offended party or her parents. abduction and acts of Need not be under oath since the prosecuting officer filing it is already acting under his oath of office Always filed in the court May be filed either with the office of prosecutor or with the court In private offenses. Subscribed by the prosecutor 4. Where it pertains to those cases which need to be endorsed by specific public authorities Sec. – All criminal actions commenced by a complaint or information shall be prosecuted under the direction and control of the prosecutor. the State shall initiate the criminal action in her behalf. a complaint presented by a private person when not sworn to by him is not necessarily void  The want of an oath is merely a defect in form. Filed in the court COMPLAINT May be signed by the offended party. the private prosecutor may be authorized in writing by the Chief of the Prosecution Office or the Regional State Prosecutor to prosecute the case subject to the approval of the court. 2002] Latest Amendments to Section 5. the offended party. the private prosecutor shall continue to prosecute the case up to end of the trial even in the absence of a public prosecutor. The offenses of seduction. this would start the proceedings An information is a product of a BY: MA. unless the authority is revoked or otherwise withdrawn. When there is clearly no prima facie case against the accused and a motion to quash on that ground has been denied 11. This authority shall cease upon actual intervention of the prosecutor or upon elevation of the case to the Regional Trial Court. in any case. . In case of heavy work schedule of the public prosecutor or in the event of lack of public prosecutors.All criminal actions either commenced by complaint or by information shall be prosecuted under the direction and control of a public prosecutor. if the offended party has consented to the offense or pardoned the offenders. and she has no known parents. 4. Who must prosecute criminal actions. or other public officer in charge with the enforcement of the law violated Sworn to by the person signing it INFORMATION Always signed by prosecuting officer complaint Sec. nor. has the right to initiate the prosecution of the offenses of seduction. Preliminary injunction has been issued by the Supreme Court to prevent the threatened unlawful arrest of petitioners IF THE COMPLAINT IS NOT SWORN TO BY THE OFFENDED PARTY. If the offended party dies or becomes incapacitated before she can file the complaint. Accusation in writing 2. Rule 110 of the Revised Rules of Criminal Procedure which provides: "Section 5. The offended party. AGUINALDO ATENEO LAW 2D 2010 . Information defined. Once so authorized to prosecute the criminal action. grandparents or guardian. NO. subscribed by the prosecutor and filed with the court. which doesn’t affect the substantive rights of the defendant on the merits WHEN IS A COMPLAINT REQUIRED? 1. grandparents or guardian. Offense is private in nature 3.M. – An information is an accusation in writing charging a person with an offense. x x x . in Municipal Trial Courts or Municipal Circuit Trial Courts when the prosecutor assigned thereto or to the case is not available."). any peace officer. if the offender has been expressly pardoned by any of them. in any case. The offended party cannot institute criminal prosecution without including the guilty parties. WHAT IS AN INFORMATION? 1. 02-2-07-SC [Effective May 01. IS IT VOID?  No. However. Who must prosecute criminal action. If the offense is one which cannot be prosecuted de officio 2. nor.(Read A. Charging a person with an offense 3.

grandparents.CRIMINAL PROCEDURE NOTES Page 9 of 120 lasciviousness independently of her parents. the court acquires jurisdiction  Whatever the disposition the prosecutor may feel would proper in the case thereafter should be properly addressed to the consideration of the court. if need be. Sandiganbayan: the court may order the dismissal of a case if it finds the absence of probable cause (essence of the control of the court) WHAT IS THE DISTINCTION BETWEEN THE CONTROL BY THE PROSECUTION AND CONTROL BY THE COURT?  Before the filing of the case in court. if the prosecutor is unavailable. ANGELA LEONOR C. grandparents. TO WHOM SHOULD A MOTION TO DISMISS BE ADDRESSED?  Once the information is filed in court. The prosecution for violation of special laws shall be governed by the provision thereof. subject only to the limitation that the court could not impair the substantial rights of the accused or the right of the people to due process WHERE SHOULD A MOTION FOR REINVESTIGATION BE FILED?  Should be to the trial judge and to him alone IF THE PROSECUTOR THINKS AFTER FILING A CASE. This authority ceases upon actual intervention of the prosecutor or upon elevation of the case to the RTC. or guardian shall be exclusive of all other persons and shall be exercised successively in the order herein provided. the offended party. or guardian. WHO MAY PROSECUTE CRIMINAL ACTIONS?  General rule: all criminal actions commenced by the filing of a complaint or information shall be prosecuted under the direction and control of the prosecutor  In the MTC or MCTC. No criminal action for defamation which consists in the imputation of any of the offenses mentioned above shall be brought except at the instance of and upon complaint filed by the offended party. AGUINALDO ATENEO LAW 2D 2010 . fails to file the complaint. The right to file the action granted to parents. whom to prosecute. any peace officer or public officer in charge with the enforcement of the law violated may prosecute. CA—proceedings are valid even without the physical presence of the fiscal who left the prosecution to the private prosecutor under his supervision and control AFTER A CASE IS FILED IN COURT. her parents. Malinao and Bravo v. or guardian may file the same. except as stated in the preceding paragraph. the manner of prosecution. who is a minor. THAT A PRIMA FACIE CASE DOES NOT EXIST. CAN A PROSECUTOR BE COMPELLED TO FILE A PARTICULAR COMPLAINT OR INFORMATION?  No  A prosecutor is under no compulsion to file a particular criminal information where he is not convinced that he has evidence to support his allegations thereof  May generally be not compelled by mandamus except if the prosecutor shows evident bias in filing the information and refuses to include co-accused without justification  But before filing of mandamus. CAN HE REFUSE TO PROSECUTE?  No. he cannot refuse to prosecute  He is obliged by law to proceed and prosecute the criminal action  He cannot impose his opinion on court  At most. to conduct reinvestigation BY: MA. he could file a Motion for Reinvestigation or a Motion to Withdraw Information  Justice Sabio: the judge would be stupid enough not to grant a Motion to Withdraw Information or Motion for Reinvestigation  Serapio v. the party must first avail himself of such other remedies such as the filing of a motion for inclusion  The power of prosecution is discretionary in nature TO WHOM SHOULD ONE APPEAL A DECISION OF THE PROSECUTOR?  The decision of the Prosecutor may be appealed to the Secretary of Justice or in special cases by the President of the Philippines  The resolution of the Secretary of Justice may be appealed to the Office of the President in cases of offenses punishable by death or reclusio perpetua IS THE PROSECUTOR REQUIRED TO BE PHYSICALLY PRESENT IN THE TRIAL OF A CRIMINAL CASE?  If he is not physically present. unless she is incompetent or incapable of doing so. Where the offended party. grandparents. Beriales  People v. it cannot be said that the prosecution was under his supervision and control—as held in the case of People v. the prosecution has control over the following—what case to file.

acts of lasciviousness 3. the court has control over the following—the suspension of arraignment. ANGELA LEONOR C. the rule allowing parents. for the defamation to be considered a private crime. and whom to charge. SHOULD THE CASE BE DISMISSED? WHAT ARE THE LIMITATIONS ON THE CONTROL OF THE COURT? 1. The prosecution’s stand to maintain prosecution should be respected by the court WHAT ARE THE CRIMES THAT MUST BE PROSECUTED UPON COMPLAINT OF THE OFFENDED PARTY? 1. WHAT IS THE EFFECT OF PARDON BY THE OFFENDED PARTY?  Will not have any effect on the prosecution of the offense  Once a complaint has been filed in court. OR GUARDIAN FILE THE COMPLAINT FOR HER?  No. there should be imputation of committing adultery. the desire of X to file the case is evident in her filing of complaint before the prosecutor AN INFORMATION FOR ROBBERY WITH RAPE WAS FILED AGAINST X. Prosecution is entitled to notice 2. she has the exclusive right to file the complaint unless she becomes incapacitated  The parents. concubinage. grandparents.CRIMINAL PROCEDURE NOTES Page 10 of 120   The right to prosecute vests the prosecutor with a wide range of discretion—the discretion of whether. grandparents. The court must await the result of the petition for review 3. what. Adultery and concubinage 2. BEFORE THE PROSECUTOR COULD FILE A CASE IN COURT. reinvestigation. GRANDPARENTS. Seduction. CAN THE PROSECUTOR STILL FILE THE INFORMATION IN COURT?  Yes. and downgrading of the offense or dropping of the accused even before plea. X MOVED TO DISMISS THE INFORMATION ON THE GROUND THAT THERE WAS NO COMPLAINT FILED BY THE OFFENDED PARTY. IS THE CRIMINAL LIABILITY OF THE ACCUSED EXTINGUISHED?  No. without which the courts cannot exercise their jurisdiction  Prosecution cannot proceed without the complaint being filed by the complainant CAN A FATHER FILE A COMPLAINT ON BEHALF OF HIS DAUGHTER FOR CONCUBINAGE?  No. jurisdiction over the offense will be acquired and will continue to be exercised by the court until the termination of the case BY: MA. and acts of lasciviousness  A complaint for adultery and concubinage may only be filed by the offended party IF THE OFFENDED PARTY IS OF AGE IN THE CRIME OF ABDUCTION. the exercise of which depends on a variety of factors which are best appreciated by the prosecutors After the filing of the case in court. and review of the Secretary’s recommendation and reject it if there is grave abuse of discretion WHAT IS THE MEANING OF THE STATEMENT THAT COMPLIANCE WITH THE RULE IS JURISDICTIONAL?  Complaint filed by the offended party is what starts the prosecution. abduction. Defamation which consists in the imputation of an offense mentioned above IS THERE DEFAMATION AND A PRIVATE CRIME WHEN ONE CALLS ANOTHER BLASPHEMOUS AND CHRONIC LIAR?  No. OR ACTS OF LASCIVIOUSNESS. seduction. or acts of lasciviousness WHAT IS A PRIVATE CRIME?  Private offense which cannot be prosecuted except upon a complaint filed by the aggrieved party  Only to give deference to the offended party who may prefer not to file the case instead of going through a scandal of a public trial AFTER THE CASE FOR A PRIVATE CRIME IS FILED IN COURT. dismissal or withdrawal of the case. If the offended party is already of age. abduction. AGUINALDO ATENEO LAW 2D 2010 . CAN HER PARENTS. prosecution by the prosecutor. abduction. the death of the complainant during the pendency of the case is not a ground for the extinguishment of criminal liability whether total or partial X FILED A SWORN COMPLAINT FOR ACTS OF LASCIVIOUSNESS BEFORE THE PROSECUTOR. or guardians to file a complaint on behalf of the minor applies only to the offenses of seduction. SEDUCTION. X DIED. and guardians only have exclusive successive authority to file the case if the offended party is only a minor IF THE OFFENDED PARTY DIES DURING THE PENDENCY OF THE CASE.

2. 6. aver the acts or omissions constituting the offense. However. impartial. the approximate date of the commission of the offense. If there is no designation of the offense. WHEN IS A COMPLAINT OR INFORMATION DEEMED SUFFICIENT?  It is deemed sufficient if it states the following: o The name of the accused o The designation of the offense as defined by statute o The acts or omissions complained of as constituting the offense o The name of the offended party o The approximate date of the commission of the offense o The place of the commission of the offense  Nothing in Section 6 or 8 of Rule 110 mandates that the material allegations should be stated in the preamble or caption of the Information (People v. he must be described under a fictitious name with a statement that his true name is unknown. that he has been duly notified and his failure to appear is unjustifiable. If the true name of the accused is thereafter disclosed by him or appears in some other manner to the court. WHEN IS THE ERROR IN THE NAME OF THE ACCUSED NOT FATAL TO AN INFORMATION?  Error in the name of the accused will not nullify the information if it contains sufficient description of the person of the accused WHEN SHOULD THE ERROR IN THE NAME OR IDENTITY BE RAISED BY THE ACCUSED?  The error should be raised before arraignment. – The complaint or information must state the name and surname of the accused or any appellation or nickname by which he has been or is known. VALID?  Yes. In all criminal prosecutions. and specify its qualifying and aggravating circumstances. or else it is deemed waived WHY SHOULD THE NAME OF THE ACCUSED BE PROVIDED?  In the issuance of the arrest warrants  For the court to acquire jurisdiction Sec. Designation of the offense. to meet the witnesses face to face. Villanueva) X WAS CHARGED WITH RAPE OF THE 10-YEAR-OLD DAUGHTER OF HIS COMMON-LAW WIFE. “Nothing in Section 6 or 8 of Rule 110 mandates that the material allegations should be stated in the preamble or caption of the Information” WHAT IS THE RATIONALE BEHIND THE REQUIREMENTS TO DEEM A COMPLAINT OR INFORMATION TO BE SUFFICIENT?  This is in consonance with the accused’s right to be informed of the nature and cause of the accusation against him ARTICLE 3. to have a speedy. reference shall be made to the section or subsection of the statute punishing it. 7. the designation of the offense given by the statute. the accused shall be presumed innocent until the contrary is proved. such true name shall be inserted in the complaint or information and record. AGUINALDO ATENEO LAW 2D 2010 . Sec. and public trial. No person shall be held to answer for a criminal offense without due process of law. and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. trial may proceed notwithstanding the absence of the accused: Provided. As held in People v. the complaint of the offended party is not necessary since the offense of robbery is not a private offense Prosecution can be commenced without the complaint of the offended party Sec. 1. SECTION 14. If his name cannot be ascertained. When an offense is committed by more than one person. Name of the accused. Villanueva. THE INFORMATION ONLY ALLEGED MINORITY AND RELATIONSHIP IN THE TITLE. the name of the offended party. – The complaint or information shall state the designation of the offense given by the statute. after arraignment. – A complaint or information is sufficient if it states the name of the accused.CRIMINAL PROCEDURE NOTES Page 11 of 120   No. all of them shall be included in the complaint or information. in robbery with rape. Sufficiency of complaint or information. 8. the acts or omissions complained of as constituting the offense. ANGELA LEONOR C. and shall enjoy the right to be heard by himself and counsel. TO BE INFORMED OF THE NATURE AND CAUSE OF THE ACCUSATION AGAINST HIM. and the place where the offense was committed. BY: MA.

It is not enough that the aggravating circumstance of evident premeditation be alleged. Designation of the offense given by the statute 2. X WAS CHARGED WITH MURDER. because it is the recital of facts. This is a mala prohibitum. to convict the accused WHAT IS THE REASON FOR QUALIFYING OR AGGRAVATING CIRCUMSTANCES?  Its existence may give another designation of the offense committed or increase the penalty to be imposed if the accused is convicted WHAT SHOULD THE PROSECUTOR DO IF EVER THERE EXISTS AGGRAVATING OR QUALIFYING CIRCUMSTANCES?  To be appreciated. CAN X BE CONVICTED OF THEFT?  Yes. CAN HE POSSIBLY BE CONVICTED OF MURDER?  Yes. the information should indicate that he was carrying the firearm without any license. AGUINALDO ATENEO LAW 2D 2010 . Acts and omissions constituting the offense 3. it may not be included in the information to be able to convict the accused  If a person is caught with a firearm without any license. just like the offense itself. This is a mala in se. VALID?  Invalid. he could not be convicted. Qualifying and aggravating circumstances 4. if not an essential element of a crime. VALID?  No. which is controlling. If there is no designation of the offense by the statute. X can be convicted of murder.  The reason is that the recital of facts and not the designation of the offense that is controlling IN IMPOSING THE PENALTY FOR THE CRIME OF MURDER THE TRIAL COURT CONSIDERED THE CIRCUMSTANCE OF THE USE OF AN UNLICENSED FIREARM AS PROVEN DURING THE TRIAL TO QUALIFY THE CRIME PURSUANT TO RA 8294. To convict X of theft under an information that alleges estafa would violate his right to be informed of the nature and cause of the accusation against him. the two crimes have elements that are different from each other. EVEN IF NOT ALLEGED IN THE INFORMATION. it should be included in the information and must be proven to be able to convict the accused  A negative allegation.  The essential elements thereof. If the recitals in the complaint or information of the acts and omissions constituting the offense actually allege murder. it must be specifically included in the allegation of facts.CRIMINAL PROCEDURE NOTES Page 12 of 120 WHAT SHOULD BE INCLUDED IN THE DESIGNATION OF THE OFFENSE IN THE COMPLAINT OR INFORMATION? 1. It is enough that he was in possession of such drugs. It is the recital of the facts and not the designation of the offense. of which circumstances which must be alleged X WAS CHARGED WITH ESTAFA BUT THE RECITAL OF FACTS ACTUALLY ALLEGES THEFT.  Murder is constituted of homicide with additional qualifying aggravating circumstances. must be clearly proven and established X WAS CHARGED WITH HOMICIDE. CAN X BE CONVICTED OF THEFT?  No. ANGELA LEONOR C. CAN HE BE CONVICTED OF HOMICIDE?  Yes. reference shall be made to the section or subsection of the statute punishing it THE INFORMATION MERELY ALLEGED EVIDENT PREMEDITATION BUT THE TRIAL COURT CONSIDERED IT IN IMPOSING THE PENALTY. The culprit’s use of an unlicensed firearm is an essential element. The BY: MA. You don’t need to allege that he isn’t in possession of any prescription.  If a person is caught with prohibited drugs.  It must also be proven just like the crime itself—it should be proven beyond reasonable doubt WHAT ARE NEGATIVE ALLEGATIONS? WHAT IS THE DIFFERENCE OF A NEGATIVE ALLEGATION AS AN ESSENTIAL ELEMENT OF A CRIME AND A NEGATIVE ALLEGATION AS NOT AN ELEMENT OF A CRIME?  A negative allegation as an essential element or ingredient of a crime. not the designation of the offense which is controlling X WAS CHARGED WITH ESTAFA AND THE RECITAL OF FACTS ALLEGE ESTAFA. If the absence of license is not included in the information. It may be the case that the qualifying aggravating circumstances were not proven.

the complaint or information must specify under which of the two cases the defendant is being charged Sec. CAN HE BE CONVICTED OF RAPE WHERE THE WOMAN IS DEPRIVED OF REASON OR IS OTHERWISE UNCONSCIOUS?  No. – The acts or omissions complained of as constituting the offense and the qualifying and aggravating circumstances must be stated in ordinary and concise language and not necessarily in the language used in the statute but in terms sufficient to enable a person of common understanding to know what offense is being charged as well as its qualifying and aggravating circumstance and for the court to pronounce judgment. It involves a change of theory in the trial 2. the absence of the license is an essential element of the offense  It should be alleged in the complaint or information THE TRIAL COURT FOUND THAT THE AGGRAVATING CIRCUMSTANCE OF SUPERIOR STRENGTH AND DISREGARD OF SEX ATTENDED THE COMMISSION OF THE CRIME AND WERE SUFFICIENTLY PROVEN. aggravating circumstances even if proven during the trial could affect the culprit’s liability if the information failed to allege such circumstances X WAS CHARGED WITH ILLEGAL POSSESSION OF OPIUM. guardian. – The complaint or information is sufficient if it can be understood from its allegations that the offense was committed or some of its essential ingredients occurred at some place within the jurisdiction of the court. It surprises the accused in anyway X WAS ACCUSED OF ILLEGAL POSSESSION OF FIREARMS. or the common-law spouse of the parent of the victim. THE COURT CONSIDERED THEM AS QUALIFYING CIRCUMSTANCES. THE COURT THUS CONSIDERED THEM IN CONVICTING AND SENTENCING ACCUSED. Sec. THE COURT CONVICTED THE ACCUSED OF RAPE AND IMPOSED THE DEATH PENALTY AFTER THE RELATIONSHIP OF THE ACCUSED WITH THE VICTIM’S MOTHER WAS PROVEN. IS THIS SUFFICIENT? BY: MA. the absence of the prescription is not an essential element of the offense and is only a matter of defense  It need not be alleged in the information. X WAS CHARGED WITH RAPE OF THE 10-YEAR-OLD DAUGHTER OF HIS COMMON-LAW WIFE. unless the particular place where it was committed constitutes an essential element of the offense charged or is necessary for its identification. while under Article 335 of the RPC amended by RA 7659. where the law distinguishes two cases of violation of its provision. THE INFORMATION MENTIONS THAT THE CRIME WAS COMMITTED WITHIN THE TERRITORIAL JURISDICTION OF THE COURT. VALID?  No. Place of commission of the offense. X CONTENDS THAT THE INFORMATION WAS INVALID FOR FAILURE TO ALLEGE THAT HE DIDN'T HAVE A PRESCRIPTION FROM A PHYSICIAN.CRIMINAL PROCEDURE NOTES Page 13 of 120 doctor’s prescription as mentioned by the accused is only a matter of defense. ascendant. BUT THE INFORMATION DIDN'T ALLEGE THAT X DIDN'T HAVE ANY LICENSE TO POSSESS THE FIREARM. IN IMPOSING THE PENALTY. It requires of the defendant a different defense 3. IS X CORRECT?  No. 9. 10. the accused may be sentenced to death if the victim is a minor and the offender is the parent. WAS THE COURT CORRECT?  No. THE INFORMATION ONLY ALLEGED MINORITY. IN THE INFORMATION FOR RAPE THE AGES AND RELATIONSHIP OF THE VICTIMS WERE STATED BUT NOT ALLEGED WITH SPECIFICITY AS QUALIFYING CIRCUMSTANCES. ANGELA LEONOR C. PROPER?  The requirement under Section 8 is satisfied as long as the circumstances are alleged in the information even if those are not specified as aggravating or qualifying circumstances IN WHAT CASE CAN AN ACCUSED NOT BE CONVICTED OF A CRIME DIFFERENT FROM THAT DESIGNATED IN THE COMPLAINT OR INFORMATION EVEN IF THE RECITAL OF FACTS ALLEGE THE COMMISSION OF THE CRIME? The accused cannot be convicted if: 1. Cause of the accusation. THE TWIN REQUISITES OF MINORITY AND RELATIONSHIP MUST BE ALLEGED AND PROVED TO WARRANT THE IMPOSITION OF THE DEATH PENALTY X WAS CHARGED WITH RAPE COMMITTED THROUGH FORCE AND INTIMIDATION. stepparent. AGUINALDO ATENEO LAW 2D 2010 . relative by consanguinity or affinity within the third civil degree. IS THE INFORMATION VALID?  No.

12. IN WHAT CASE IS THE NAME OF THE OFFENDED PARTY DISPENSIBLE?  In offenses against property. If there is no better way of identifying him. he is deemed to have waived the question of his identity on appeal Sec. Duplicity of the offense. or when an offense is necessary for committing the other. AGUINALDO ATENEO LAW 2D 2010 . BY: MA. IN WHICH OFFENSES IS THE PARTICULAR PLACE WHERE THE OFFENSE WAS COMMITTED ESSENTIAL? The particular place where the offense was committed is essential in the following crimes: 1. Penalty on the keeper. or any appellation or nickname by which such person has been or is known. or any name or designation by which it is known or by which it may be identified. except when the law prescribes a single punishment for various offenses. Violation of election law—prohibiting the carrying of a deadly weapon within a 30-m radius of polling place Sec. Date of commission of the offense. Lahoylaloy. if the name of the offended party is unknown. (c) If the offended party is a juridical person. visitor of opium den 3. If the appellant was of the belief that the complaint was defective. 11. Name of the offended party. ACCUSED WAS CHARGED AND CONVICTED OF RAPE COMMITTED ON OR ABOUT THE MONTH OF AUGUST 1996. FOR WHICH OFFENSES IS THE TIME OF THE COMMISSION OF THE OFFENSE ESSENTIAL?  The time of the commission of the offense is essential in the following crimes: o Infanticide o Violation of Sunday Statutes or Election laws o Abortion o Bigamy Sec.CRIMINAL PROCEDURE NOTES Page 14 of 120  Yes. watchman. he should have filed a motion for a bill of particulars with the trial court before his arraignment. VALID?  Yes. without need of averring that it is a juridical person or that it is organized in accordance with law. the court must cause such true name to be inserted in the complaint or information and the record. the property must be described with such particularity as to properly identify the offense charged. WHAT IS THE RULE ON DUPLICITY OF OFFENSES?  General rule: A complaint or information must charge only one offense  Exception: when the law provides only one punishment for the various offenses (complex and compound crimes under Article 48 of the RPC and special complex crimes) ARTICLE 48: PENALTY FOR COMPLEX CRIMES When a single act constitutes two or more grave or less grave felonies.It is not necessary to state in the complaint or information the precise date the offense was committed except when it is a material ingredient of the offense. Violation of domicile 2. he must be described under a fictitious name. the name of the offended party may be dispensed with as long as the object taken or destroyed is particularly described to properly identifying the offense IN WHAT CASES IS THE NAME OF THE OFFENDED PARTY INDISPENSIBLE?  In cases involving slander and robbery with violence or intimidation (People v. Trespass to dwelling 4. . ANGELA LEONOR C. (b) If the true name of the person against whom or against whose property the offense was committed is thereafter disclosed or ascertained. – A complaint or information must charge only one offense. it is sufficient to state its name. The offense may be alleged to have been committed on a date as near as possible to the actual date of its commission. – The complaint or information must state the name and surname of the person against whom or against whose property the offense was committed. 38 Phil 330) WHEN SHOULD THE ACCUSED RAISE AN ERROR IN HIS NAME?  Upon arraignment  Otherwise. 13. as long as it is alleged that the essential ingredients of the offense or crime has been committed within the territorial jurisdiction of the court (a) In offenses against property.

 This is a compound crime in which one act results in two or more grave or less grave felonies  The law provides only one penalty for the two offenses X WAS CHARGED WITH BOTH ROBBERY AND ESTAFA IN ONE INFORMATION. CAN HE BE CONVICTED UNDER THAT INFORMATION?  Yes. When the police authorities were near. HOW MANY INFORMATION SHOULD BE FILED AGAINST X?  Only one information should be filed for serious physical injuries and damage to property through reckless imprudence  The information against X cannot be split into 2 because there was only one negligent act resulting in serious physical injuries and damage to property SAME CASE AS ABOVE. he can be convicted of as many offenses as there are in the information WHAT IS THE PRINCIPLE OF ABSORPTION?1  In cases of rebellion. CAN HE BE CONVICTED OF BOTH OFFENSES?  It depends. HE WAS CHARGED WITH TWO COUNTS OF HOMICIDE IN ONE INFORMATION. the right is deemed waived. HOW MANY OFFENSES ARE THERE?  There is only one offense—murder or homicide aggravated by the use of the unlicensed firearm X WAS SPEEDING ON A HIGHWAY WHEN HIS CAR COLLIDED WITH ANOTHER CAR. If he objects to the duplicitous information before arraignment. They were only convicted of ALARMS AND SCANDALS. they will not be absorbed by rebellion. ANGELA LEONOR C. Hilario Davide. HOW MANY INFORMATIONS SHOULD BE FILED?  Two informations this time—one for the slight physical injuries and the other for damage to property  Light felonies may not be complexed 1 Justice Sabio: he remembers a stupid decision wherein the SC held that the crime of illegal possession of firearms is absorbed in crimes embodied by the Revised Penal Code. When an offense is necessary for committing the other WHAT IS A COMPOUND CRIME?  When a single act constitutes 2 or more grave or less grave felonies WHAT IS A COMPLEX CRIME PROPER?  When an offense is necessary for committing the other X FIRED HIS GUN ONCE. the same to be applied in its maximum period WHAT IS THE EFFECT OF THE FAILURE OF THE ACCUSED TO OBJECT TO A DUPLICITOUS INFORMATION?  If the accused fails to object before arraignment. was the one who made this monumental doctrine. other crimes committed in the course of crime are deemed absorbed in the crime of rebellion either as a means necessary for its commission or as an unintended effect of rebellion  They cannot be charged as separate offenses in themselves  Exception: when the common crimes are committed without any political motivation. he cannot be convicted under the information. the spoiled brats shot at the rats. and he may be convicted of as many offenses as there are charged WHAT IS THE REMEDY OF AN ACCUSED IN CASE OF DUPLICITOUS OFFENSES CHARGED AGAINST HIM?  The accused may file a motion to quash on void complaint WHAT IS A COMPLEX CRIME? 1. AGUINALDO ATENEO LAW 2D 2010 .CRIMINAL PROCEDURE NOTES Page 15 of 120 the penalty for the most serious crime shall be imposed. BUT THE BULLET KILLED 2 PERSONS. There was this gang war between children of politicians in Greenhills. BUT THE INJURIES SUFFERED BY THE DRIVER WERE ONLY SLIGHT PHYSICAL INJURIES. BY: MA. They got their high-powered guns and proceeded to Greenhills. THE OTHER CAR WAS TOTALLY WRECKED AND THE DRIVER OF THE OTHER CAR SUFFERED SERIOUS PHYSICAL INJURIES. When a single act produces two or more grave or less grave felonies 2. IF HOMICIDE OR MURDER IS COMMITTED WITH THE USE OF AN UNLICENSED FIREARM. The height of absurdity and no less than the former Chief Justice. In such case. It falls under the exception to the rule.  But if he fails to object before arraignment.

In such a case. 3. When the defense which he had under the original information would no longer be available 2. The court must state its reason in resolving the motion 5. provided the accused shall not be placed in double jeopardy. ANGELA LEONOR C. provided that he will not be placed in double jeopardy. AGUINALDO ATENEO LAW 2D 2010 . At any time before judgment it appears that a mistake has been made in charging the proper offense. In such case. When any evidence which he had under the original information would no longer be available 3. a complaint or information can be amended in form or in substance without leave of court  Exception: if the amendment will downgrade the offense or drop an accused from the complaint or information. Rule 119. in form or in substance. With leave of court 4. any amendment before plea. With leave of court 4. especially the offended party  AFTER PLEA. Must be made upon motion of the prosecutor 2. When any evidence which he had under the original information would no longer be applicable to the amended information WHAT ARE SUBSTANTIAL AMENDMENTS?  Amendments involving the recital of facts constituting the offense and determinative of the jurisdiction of the court  All other matters are merely of form  After plea. which downgrades the nature of the offense charged in or excludes any accused from the complaint or information. 14. Copies of the resolution should be furnished all parties. After the plea and during the trial. with notice to the offended party and with leave of court. and 2. With notice to the offended party 3. except if the amendment will downgrade the offense or drop an accused from the complaint or information. especially the offended party  After plea. it appears that a mistake has been made in charging the proper offense. WHEN CAN A COMPLAINT OR INFORMATION BE AMENDED?  General rule: Before plea. the following requisites shall be observed: 1. However. Copies of the resolution should be furnished all parties. With notice to the offended party 3. a complaint or information can be amended in form or in substance without leave of court. substantial amendments are prohibited WHEN CAN THERE BE AN AMENDMENT?  BEFORE PLEA. only formal amendments may be made only with leave of court and when it can be done without causing prejudice to the rights of the accused. The accused cannot be convicted of the offense charged or of any other offense necessarily included therein Provided that he will not be placed in double jeopardy WHEN ARE THE RIGHTS OF THE ACCUSED MAY BE PREJUDICED BY AN AMENDMENT? The rights of the accused may be prejudiced by an amendment in the following circumstances: 1. a formal amendment may only be made with leave of court and and when it can be done without causing prejudice to the rights of the accused. and the accused cannot be convicted of the offense charged or of any other offense necessarily included therein.CRIMINAL PROCEDURE NOTES Page 16 of 120 Sec. Amendment or substitution. The amendment must be made upon motion of the prosecutor 2. The court must state its reason in resolving the motion 5. only FORMAL AMENDMENTS may be made but with the leave of court and when it can be done without causing prejudice to the rights of the accused WHEN CAN A COMPLAINT OR INFORMATION BE SUBSTITUTED? A complaint or information may be substituted if: 1. the following requisites must be observed: 1. – A complaint or information may be amended. BY: MA. without leave of court at any time before the accused enters his plea. If it appears at anytime before judgment that a mistake has been made in charging the proper offense. The court may require the witnesses to give bail for their appearance at the trial. The court shall state its reasons in resolving the motion and copies of its order shall be furnished all parties. can be made only upon motion by the prosecutor. WHAT IS A SUBSTITUTION?  A complaint or information may be substituted if at any time before judgment. especially the offended party. the court shall dismiss the original complaint or information upon the filing of a new one charging the proper offense in accordance with section 19.

Substitution requires that the new information is for a different offense which does not include or is not necessarily included in the original charge. or the second offense includes or is necessarily included in the offense charged in the first information. A competent court c. 4. there is no need for a new preliminary investigation or plea. It makes the accused liable not only for his own acts but also for those of his co-conspirators. An amended information refers to the same offense charged or to one. these allegations only relate to the range of the imposable penalty but not the nature of the offense IS THE AMENDMENT OF AN INFORMATION FROM FRUSTRATED MURDER TO CONSUMMATED MURDER A SUBSTANTIAL AMENDMENT?  No. The first jeopardy must have been validly terminated c. which necessarily includes or is necessarily included in the original charge WHAT IS THE TEST TO DETERMINE IF WHAT IS NEEDED IS AMENDMENT OR SUBSTITUTION?  Whether the new offense necessarily includes or is necessarily included in the original charge. (Old J. it is merely a formal amendment and the accused need not have to be re-arraigned IS AN ADDITIONAL ALLEGATION OF CONSPIRACY A SUBSTANTIAL AMENDMENT?  No. it is not a substantial amendment (new Sabio answer)  Yes because it changes the theory of the defense. another preliminary investigation and plea is required. ANGELA LEONOR C. Amendment may involve either formal or substantial changes. The amendment or Before plea. Can X invoke double jeopardy on the ground that the amendment is substantial? No. The first jeopardy must have attached prior to the second b. but substitution is always done with leave of court since it involves the dismissal of the original complaint. while substitution necessarily involves a substantial change. 3. which necessarily includes or is necessarily included in the original charge. Amendment before plea can be effected without leave of court. The defendant was acquitted or convicted. or the case against him was dismissed or otherwise terminated without his express consent IS AN ADDITIONAL ALLEGATION OF HABITUAL DELINQUENCY AND RECIDIVISM A SUBSTANTIAL AMENDMENT?  No. or is an attempt to commit the same or is a frustration thereof WHEN DOES DOUBLE JEOPARDY ATTACH?  In order that protection against double jeopardy may inure in favor of the accused. or is an attempt to commit the same or frustration thereof IS THERE A NEED FOR SUBSTITUTION OR AMENDMENT WHEN THE ORIGINAL CRIME CHARGED IS ROBBERY BUT IT WAS LATER FOUND OUT THAT THE CRIME SHOULD BE THEFT?  No since theft and robbery are similar in their elements. the complaint is amended to include two other persons who allegedly conspired with X. Where the amendment is only as to form. The second jeopardy must be for the same offense. in substitution. can be effected without leave of court Amended information refers to the same offense charged or to one. it is only the existence of certain aggravating or qualifying circumstances in robbery that makes the difference BY: MA. A valid complaint or information b.CRIMINAL PROCEDURE NOTES Page 17 of 120 WHAT ARE THE DISTINCTIONS BETWEEN AN AMENDMENT AND A SUBSTITUTION? 1. the following should be present: a. Later. AMENDMENT May invoke either formal substantial changes SUBSTITUTION Necessarily involves a substantial change Always done with leave of court Requires that new information is for a different offense which doesn’t include or isn’t necessarily included in the original charge WHEN CAN THERE BE DOUBLE JEOPARDY?  To substantiate a claim of double jeopardy. The defendant pleaded to the charge d. it is not a substantial amendment in the following example: X is charged with murder as principal. 2. the following must be proven: a. hence substantial amendments after plea cannot be made over the objection of the accused. Sabio answer)  The new answer is: No. AGUINALDO ATENEO LAW 2D 2010 .

the criminal action shall be instituted and tried in the court of any municipality or territory where such train. IS THE INFORMATION VALID?  Yes. 15. together with the facts existing at the time. which changes the character of the offense and. WHY DO WE MAKE A DISTINCTION BETWEEN A SUBSTANTIAL AND FORMAL AMENDMENTS?  Whether or not it is for the same offense. it is still valid. (c) Where an offense is committed on board a vessel in the course of its voyage. including the place of its departure and arrival. (d) Crimes committed outside the Philippines but punishable under Article 2 of the Revised Penal Code shall be cognizable by the court where the criminal action is first filed.CRIMINAL PROCEDURE NOTES Page 18 of 120 is merely a formal amendment because it does not prejudice the rights of X. AGUINALDO ATENEO LAW 2D 2010 . the right is subject to the following limitations: 1. X IS CHARGED WITH MURDER AS A PRINCIPAL.  The place of the commission of the crime may just be later established by evidence WHERE SHOULD A CRIMINAL ACTION BE INSTITUTED? 1. who was charged as a principal to begin with IS A CHANGE IN THE ITEMS STOLEN BY THE ACCUSED A SUBSTANTIAL AMENDMENT OR A FORMAL AMENDMENT?  It is substantial as it affects the essence of the imputed crime and would deprive the accused of the opportunity to meet all the allegations in preparation of his defense IS THE CHANGE IN THE NATURE OF THE OFFENSE DUE TO SUPERVENING EVENT A SUBSTANTIAL AMENDMENT?  No. the accused cannot be said to be in second jeopardy if indicted for the second offense. THE COMPLAINT IS AMENDED TO INCLUDE TWO OTHER PERSONS WHO ALLEGEDLY CONSPIRED WITH X. VALID?  X cannot invoke double jeopardy on the ground that the amendment is substantial  The amendment is merely a formal amendment because it doesn’t prejudice the rights of X. it is merely a formal amendment  We have to distinguish if the event is supervening or not. That no judgment has been rendered yet 2. to be able to establish if it’s a formal amendment or not RULE ON SUPERVENING FACTS: Where after the first prosecution a new fact supervenes for which the defendant is responsible. or other vehicle passed during its trip. aircraft. (b) Where an offense is committed in a train. THE INFORMATION FOR MURDER DID NOT CONTAIN THE PLACE WHERE IT WAS COMMITTED. LATER. the court will not order the dismissal until the new information is filed IS THERE AN ABSOLUTE RIGHT TO SUBSTITUTION INFORMATION BY FILING A NEW ONE?  No. That the accused will not be placed in double jeopardy Sec. – (a) Subject to existing laws. the criminal action shall be instituted and tried in the court of the first port of entry or of any municipality or territory where the vessel passed during such voyage. constitutes a new and distinct offense. the criminal action shall be instituted and tried in the court of the municipality or territory where the offense was committed or where any of its essential ingredients occurred. or the second offense includes or is necessarily included in the offense charged in the first information. That the accused cannot be convicted of the offense charged or of any other offense necessarily included therein 3. subject to the generally accepted principles of international law. In the court of the municipality or territory where the offense was committed or where any of its essential ingredients occurred— exception to this rule are those which fall under the jurisdiction of the Sandiganbayan BY: MA. or is an attempt to commit the same or is a frustration thereof CAN THE COURT ORDER THE DISMISSAL OF THE ORIIGNAL COMPLAINT BEFORE A NEW ONE IS FILED IN SUBSTITUTION?  No. Place where action is to be instituted.  The information may include wordings that mention that the crime was committed within the territorial jurisdiction of the court. who was charged as a principal to begin with. aircraft. or other public or private vehicle in the course of its trip. ANGELA LEONOR C.

the civil action for the recovery of civil liability arising from the offense charged shall be deemed instituted with the criminal action unless the offended party waives the civil action. yet by nature of the offense. or has already instituted the criminal action  Basis is Article 100: every person criminally liable shall also be civilly liable DO THE OFFENDED PARTIES HAVE THE RIGHT TO MOVE FOR THE DISMISSAL OF THE CASE?  No. the action may be filed in the RTC of the province or city where he held office at the time of the commission of the offense Article 353. or contempt of a natural or juridical person.PROSECUTION OF CIVIL ACTION Section 1. 3. If the offended party is a private individual. aircraft. or BY: MA. the violation of the law is deemed continuing HOW DO YOU DETERMINE JURISDICTION OVER A CONTINUING CRIME?  The courts of the territories where the essential ingredients of the crime took place have CONCURRENT JURISDICTION  But the court which first acquires jurisdiction excludes the other courts WHAT ARE THE RULES ON VENUE IN LIBEL CASES? 1. or any other public or private vehicle: in the court of the municipality or territory where the vehicle passed during the trip. including the place of departure or arrival If committed on board a vessel in the course of the voyage: in the first port of entry or of any municipality or territory where the vessel passed during the voyage. real or imaginary. has reserved it. reserves the right to institute it separately or institutes the civil action prior to the criminal action. ANGELA LEONOR C. In case of grave abuse of discretion amount to lack or excess of jurisdiction. status. 4. or to blacken the memory of one who is dead. Institution of criminal and civil actions. If the offended party is a public officer whose office is outside Manila.CRIMINAL PROCEDURE NOTES Page 19 of 120 2. – (a) When a criminal action is instituted. discredit.  CONTINUING OFFENSE: consummated in one place. or circumstance tending to cause the dishonor. the criminal action may be filed in the RTC of Manila 4. the right belongs only to the government prosecutor who is the representative of the plaintiff CAN THE OFFENDED PARTY FILE A CIVIL ACTION FOR CERTIORARI IN HIS OWN NAME IF THE RTC DISMISSES AN INFORMATION?  Yes. Sec. omission. If the offense was committed in a train. the offended party may intervene by counsel in the prosecution of the offense. – Where the civil action for recovery of civil liability is instituted in the criminal action pursuant to Rule 111. the criminal action may also be filed in the RTC of the province where he actually resided at the time of the commission of the offense 3. condition. If the offended party is a public officer whose office is in Manila at the time of the commission of the offense. AGUINALDO ATENEO LAW 2D 2010 . CAN THE OFFENDED PARTY INTERVENE IN THE PROSECUTION OF THE CRIMINAL ACTION?  General rule: YES  Exception to the rule: when he has waived his right. Intervention of the offended party in criminal action. subject to the generally accepted principles of international law If the crime was committed outside the Philippines but is punishable under Article 2 of the RPC: any court where the action is first filed any act. Definition of libel. the petition may be filed by the offended party  The offended party has an interest in the civil aspect of the case RULE 111 . or of a vice or defect. WHAT IS A TRANSITORY OFFENSE? AND A CONTINUING OFFENSE?  TRANSITORY OFFENSE: crimes where some acts material and essential to the crimes and requisite to their commission occur in one municipality or territory and some acts are done in another place. General rule: criminal action for libel may be filed with the RTC of the province or city where the libelous article is printed and first published 2. The reservation of the right to institute separately the civil action shall be made before the prosecution starts presenting its evidence and under circumstances affording the offended party a reasonable opportunity to make such reservation. 16. — A libel is public and malicious imputation of a crime.

ANGELA LEONOR C. if there is no pre-existing obligation is called quasi-delict and is governed by the provisions of this Code 3. the employer may no longer be civilly liable for quasi-delict in the criminal action. Upon filing of the aforesaid joint criminal and civil actions.CRIMINAL PROCEDURE NOTES Page 20 of 120 When the offended party seeks to enforce civil liability against the accused by way of moral. the offended party shall pay additional filing fees based on the amounts alleged therein. temperate or exemplary damages. moral. the offended party shall pay in full the filing fees based on the amount of the check involved. The reason for this is that quasi-delict is not deemed instituted with the criminal action. No reservation to file such civil action separately shall be allowed. which shall be considered as the actual damages claimed. are deemed instituted with the criminal action WHAT IS THE DUAL CONCEPT OF CIVIL LIABILITY? BY: MA. WHAT IS THE GENERAL RULE GOVERNING THE INSTITUTION OF CRIMINAL AND CIVIL ACTIONS IN RELATION TO THIS SECTION?  The general rule is that when a criminal action is instituted. If the application is granted. Except as otherwise provided in these Rules. 33. the filing fees therefore shall constitute a first lien on the judgment awarding such damages. cross-claim or third-party complaint may be filed by the accused in the criminal case. Where the complaint or information also seeks to recover liquidated. temperate. 34 and 2176 of the Civil Code. other than actual. and not the independent under Article 32. the trial of both actions shall proceed in accordance with section 2 of this Rule governing consolidation of the civil and criminal actions. (b) The criminal action for violation of Batas Pambansa Blg. but any cause of action which could have been the subject thereof may be litigated in a separate civil action. Article 1157 of the New Civil Code: Obligations may arise from acts or omissions punished by law and from quasidelict WHAT ARE THE EXCEPTIONS?  The civil action is not deemed instituted in the following cases: 1. or exemplary damages without specifying the amount thereof in the complaint or information. Article 2176 of the New Civil Code: Whoever by act or omission causes damage to another there being fault or negligence is obliged to pay for the damage done. AGUINALDO ATENEO LAW 2D 2010 . The only civil liability of the employer in the criminal action would be his subsidiary liability under the Article 102 and 103 of the RPC (Philippine Rabbit Bus case)// WHAT IS THE JURIDICAL BASIS OF THE PRINCIPLE OF IMPLIED INSTITUTION OF THE CIVIL ACTION WITH THE CRIMINAL ACTION?  The bases are found in the following: 1. No counterclaim. Where the civil action has been filed separately and trial thereof has not yet commenced. When the offended party has instituted the civil action prior to the institution of the criminal action WHAT KIND OF CIVIL ACTION IS DEEMED INSTITUTED WITH THE CRIMINAL ACTION?  Only the civil action for the recovery of the civil liability arising from the offense under Article 100 of the RPC. the filing fees based on the amount awarded shall constitute a first lien on the judgment. no filing fees shall be required for actual damages. is specified in the complaint or information. the civil action for the recovery of the civil liability arising from the  offense charged under Article 100 of the RPC shall be deemed instituted with the criminal action Hence. 22 shall be deemed to include the corresponding civil action. If the amounts are not so alleged but any of these damages are subsequently awarded by the court. it may be consolidated with the criminal action upon application with the court trying the latter case. When the offended party has reserved the right to institute it separately 3. the corresponding filing fees shall be paid by the offended party upon the filing thereof in court. Article 100 of the RPC: Every person criminally liable for a felony is also civilly liable 2. Where the amount of damages. the subsidiary civil liability of the employee under Article 103 of the RPC may be enforced by execution on the basis of the judgment of conviction meted out the employee o NOTE: Under the present amendment. Such fault or negligence. When the offended party has waived the civil action 2. nominal. nominal.

ANGELA LEONOR C. civil liability includes restitution. or exemplary damages (other than actual). it will be based on the stated amount o If no amount is stated. these may be punishable when fault or negligence is present—broader in scope WHAT CONSTITUTES CIVIL LIABILITY?  According to Article 104 of the RPC. The suspension shall last until final judgment is rendered in the criminal action. there are two offended parties—the state and the private offended party IF THE COMPLAINT DOESN’T CONTAIN AN ALLEGATION FOR DAMAGES. – After the criminal action has been commenced. 2. If the criminal action is filed after the said civil action has already been instituted. upon motion of the offended party. before judgment on the merits rendered in the civil action. IN THE CRIMINAL CASE THROUGH PRIVATE PROSECUTOR?  The appearance of the offended party may not per se be considered either as an implied election to have his claim for damages determined in said proceedings or a waiver of the right to have determined separately IN A BP22 CASE. the following are the bases for docket fees: o If amount other than actual damages is stated. Nevertheless. a negligent act which causes damage may produce two kinds of civil liability—one arising from crime and another arising from quasi-delict The only limitation is that the offended party may not recover twice from the same act  WHAT ARE THE DIFFERENCES BETWEEN A CRIME AND A QUASIDELICT? CRIME Affect public interest RPC punishes criminal act or corrects the QUASI-DELICT Only of private concern Merely repairs the damage means of indemnification by If the offended party seeks to enforce civil liability against accused by way of moral. no docket fees will be paid yet but the docket fees to be paid will constitute a lien on the damages that will be awarded WHEN SHOULD THE RESERVATION BE MADE?  The reservation should be made before the prosecution presents its evidence and under circumstances affording the offended party a reasonable opportunity to make such reservation WHAT IS THE REASON FOR THE RULE REQUIRING RESERVATION?  The reason is to prevent double recovery from the same act or omission WHAT IS THE SIGNIFICANCE OF THE APPEARANCE OF THE OFFENDED PARTY.CRIMINAL PROCEDURE NOTES Page 21 of 120    Dual concept of civil liability means that civil liability may arise from crimes or from quasi-delicts Thus. IS THE OFFENDER STILL LIABLE FOR THEM?  Yes. be Crimes are punished only if there is a law providing for their punishment Includes all acts where fault or negligence intervenes hence under the CC. Sec. the separate civil action arising therefrom cannot be instituted until final judgment has been entered in the criminal action. nominal. When separate civil action is suspended. reparation. because every person criminally liable is also civilly liable  Exception: when the offended party has waived or has reserved the right to institute the civil action separately WHAT IS THE RULE ON PAYMENT OF DOCKET FEES ON CIVIL LIABILITY? BY: MA. CAN THE OFFENDED PARTY MAKE A RESERVATION OF THE CIVIL ACTION?  No. the criminal action shall be deemed to include the civil action. temperate. the same may. AGUINALDO ATENEO LAW 2D 2010 . and indemnification for consequential damages WHAT IS THE BASIS FOR THE BROADER CONCEPT OF CIVIL LIABILITY?  The broader concept of civil liability means that every person criminally liable is also civilly liable  This is because in a criminal offense. the latter shall be suspended in whatever state it may be found before judgment on the merits. and the offended party is not allowed to make the reservation  The actual damages and the filing fees shall be equivalent to the value of the check.

the latter shall be suspended in whatever state it may be found before judgment on the merits. the party is the private offended party  Also. When there is a declaration in the decision that the liability of the accused is only civil 3. 3.  If the criminal action is filed after the said civil action has already been instituted. Acquittal based on reasonable doubt 2. The suspension shall last until final judgment is rendered in the criminal action. When the civil liability is not derived from or based on the criminal act of which the accused is acquitted (independent civil actions)  However. In case of consolidation. WHEN IS THE SEPARATE CIVIL ACTION SUSPENDED?  After the criminal action has been commenced. the party is the state. the two actions require different quantities of evidence—the criminal action requires proof of guilt beyond reasonable doubt. When the acquittal is based on reasonable doubt and there was no negligence 2. because every person criminally liable is also civilly liable  Another reason is that even if the accused is acquitted. – In the cases provided in Articles 32. only the civil action arising from the crime under Article 100 of the RPC is suspended    The independent civil actions are not suspended and may continue even if the criminal action has been instituted However. The extinction of the penal action does not carry with it extinction of the civil action. Even if the accused is acquitted.CRIMINAL PROCEDURE NOTES Page 22 of 120 consolidated with the criminal action in the court trying the criminal action. the civil liability is extinguished WHAT ARE THE TWO TYPES OF ACQUITTAL? 1. Acquittal based on the merits—he didn't commit the crime CAN YOU COMPEL A JUDGE BY MANDAMUS TO AWARD CIVIL DAMAGES?  Yes. the civil action may be consolidate with the criminal action at any time before judgment on the merits upon motion of the offended party with the court trying the criminal action  The evidence presented at the civil action shall be deemed reproduced in the criminal action without prejudice to the right of the prosecution to cross-examine the witness presented by the offended party in the criminal case and of the parties to present additional evidence. the evidence already adduced in the civil action shall be deemed automatically reproduced in the criminal action without prejudice to the right of the prosecution to cross-examine the witness presented by the offended party in the criminal case and of the parties to present additional evidence. the court can still award civil liability in the following cases: 1. requires mere preponderance of evidence Sec. there are cases when he is still civilly liable WHAT IS THE REASON FOR ALLOWING CIVIL LIABILITY TO SUBSIST IN SPITE OF THE ACQUITTAL OF THE ACCUSED?  The reason is that the parties in the criminal and civil actions are different—in the criminal action. while in the civil action. the separate civil action arising therefrom cannot be instituted until final judgment has been entered in the criminal action. The consolidated criminal actions shall be tried and decided jointly  ONLY EXCEPTION: a prejudicial question arising in a previously filed civil action should be resolved first ARE THE INDEPENDENT CIVIL ACTIONS ALSO DEEMED SUSPENDED WITH THE FILING OF THE CRIMINAL ACTION?  No. When civil action may proceed independently. The consolidated criminal and civil actions shall be tried and decided jointly. AGUINALDO ATENEO LAW 2D 2010 . During the pendency of the criminal action. 33. if the decision contains a finding that the act from which the civil liability may arise doesn’t exist. the civil action on the other hand.  Nonetheless. However. ANGELA LEONOR C. the offended party may not recover twice from the same act He should only get the bigger award WHAT IS THE EFFECT OF ACQUITTAL ON THE CIVIL ACTION?  The general rule is that the civil action is not necessarily extinguished by the acquittal of the accused. 34 and 2176 of the Civil Code of BY: MA. the civil action based on delict shall be deemed extinguished if there is a finding in a final judgment in the criminal action that the act or omission from which the civil liability may arise did not exist. the running period of prescription of the civil action which cannot be instituted separately or whose proceeding has been suspended shall be tolled.

5. If the accused dies before arraignment. – A petition for suspension of the criminal action based upon the pendency of a prejudicial question in a civil action may be filed in the office of the prosecutor or the court conducting the preliminary investigation. 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 or against said estate. WHEN THE DEFENDANT IS ABSOLVED OF CIVIL LIABILITY IN A CIVIL ACTION. Nonetheless.  The outcome of the civil action is not in anyway determinative of the guilt or innocence of the respondent in the civil case  Besides. 4. ANGELA LEONOR C. the case shall be dismissed. – A final judgment rendered in a civil action absolving the defendant from civil liability is not a bar to a criminal action against the defendant for the same act or omission subject of the civil action. 6. both the criminal and civil liability arising from the crime shall be extinguished  However. as the case may be.CRIMINAL PROCEDURE NOTES Page 23 of 120 the Philippines. 2. the quantum of evidence in the civil action is only preponderance of evidence while that required in the criminal action is proof beyond reasonable doubt CAN THE OFFENDED PARTY STILL INTERVENE WITH THE CRIMINAL ACTION?  No because interest of the offended party is only civil  Any time he institutes the 3 actions. Judgment in civil action not a bar. however. while every person criminally liable is also civilly liable. 33. X INSTITUTED A CIVIL ACTION BEFOREHAND AND IT WAS DISMISSED LATER ON. In no case. the BY: MA. – The death of the accused after arraignment and during the pendency of the criminal action shall extinguish the civil liability arising from the delict. Suspension by reason of prejudicial question. If the accused dies before arraignment. The offended party only gets the bigger award. It shall proceed independently of the criminal action and shall require only a preponderance of evidence. WHAT IS THE EFFECT OF THE DEATH OF THE ACCUSED ON THE CRIMINAL AND CIVIL ACTIONS? 1. may the offended party recover damages twice for the same act or omission charged in the criminal action. a criminal action can still be filed against him. the offended party may not have double recovery. even if the defendant is absolved of civil liability in a civil action. the independent civil action may be brought by the offended party. CAN A CRIMINAL ACTION STILL BE FILED?)  Yes. while only the private offended party is a party in a civil action  Moreover. without prejudice to any civil action that the offended party may file against the estate of the deceased If the accused dies after arraignment and during the pendency of the criminal action. the independent civil actions may be filed against the estate of the accused after proper substitution. WHAT ARE THE INDEPENDENT CIVIL ACTIONS?  The independent civil actions are those provided in Articles 32. Effect of death on civil actions. the converse is not true  Therefore. A final judgment entered in favor of the offended party shall be enforced in the manner especially provided in these rules for prosecuting claims against the estate of the deceased. When the criminal action has been filed in court for trial. and the heirs of the accused may also be substituted for the deceased Sec. The heirs of the accused may be substituted for the deceased without requiring the appointment of an executor or administrator and the court may appoint a guardian ad litem for the minor heirs. The court shall forthwith order said legal representative or representatives to appear and be substituted within a period of thirty (30) days from notice. 34 and 2176 of the Civil Code  They may proceed independently of the criminal action and shall require only a preponderance of evidence  This is the principle of independent civil actions—it can proceed independently from the criminal action. the state is a party in a criminal action. AGUINALDO ATENEO LAW 2D 2010 . he cannot anymore intervene in the criminal action  The interest of the state is criminal prosecution of the accused Sec. However. CAN A CRIMINAL ACTION STILL BE FILED AGAINST HIM? (ALTERNATIVE QUESTION: FOR EXAMPLE. the case shall be dismissed without prejudice to any civil action the offended party may file against the estate of the deceased.  Justice Sabio: Philippine Rabbit case clarified the rule regarding independent civil actions Sec.

and (b) the resolution of such issue determines whether or not the criminal action may proceed. ANGELA LEONOR C. Only means of discovering whether the offense has been committed and the persons responsible for it 3. then it would mean that the party didn’t willingly commit the crime of bigamy It would thus be determinative of the guilt and innocence of the accused IS AN ACTION FOR NULLITY BECAUSE OF ARTICLE 36 A PRELIMINARY QUESTION OF ADULTERY?  No. what is important is the fact that the marriage still subsisted during the commission of the crime of adultery IS AN ACTION FOR LEGAL SEPARATION A PRELIMINARY QUESTION ON CONCUBINAGE?  No. Except as provided in Section 7 of this Rule. MAY THE COURT MOTU PROPIO ORDER THE DISMISSAL OF A CRIMINAL ACTION WHERE THERE IS A PREJUDICIAL QUESTION TO BE RESOLVED?  No. if the court declares that the party’s consent is indeed vitiated and annuls the marriage. Elements of prejudicial question.CRIMINAL PROCEDURE NOTES Page 24 of 120 petition to suspend shall be filed in the same criminal action at any time before the prosecution rests. it doesn't matter if the legal separation was granted or not RULE 112 . the marriage bond is not severed and thus. a preliminary investigation is required to be conducted before the filing of a compliant or information for an offense where the penalty prescribed by law is at least four (4) years. The previously filed civil action involves an issue which is similar or is intimately related with an issue raised in the subsequent criminal action 2. – The elements of a prejudicial questions are: (a) the previously instituted civil action involves an issue similar or intimately related to the issue raised in the subsequent criminal action. – Preliminary investigation is an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof.PRELIMINARY INVESTIGATION Section 1. in legal separation. and should be held for trial. and should be held for trial WHAT IS THE NATURE AND EFFECTS OF A PRELIMINARY INVESTIGATION? 1. two (2) months and one (1) day without regard to the fine. when required. Not a trial on the merits BY: MA. the same shall be suspended in whatever stage it may be found and before judgment is the merits upon commencement of the criminal action WHAT IS THE RATIONALE BEHIND THE PREJUDICIAL QUESTION RULE?  To avoid two conflicting decisions Sec. WHAT IS A PRELIMINARY INVESTIGATION?  It is an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof. Preliminary investigation defined. 7. WHAT ARE THE ELEMENTS OF A PREJUDICIAL QUESTION? 1. The resolution of the issue will determine whether or not the criminal action may proceed WHEN IS AN ACTION FOR ANNULMENT OF MARRIAGE PREJUDICIAL TO A BIGAMY CASE?  An action for annulment of marriage is prejudicial to a bigamy case only if the accused in the bigamy charge is also the one asking for annulment of the second (bigamous marriage based on vitiation of consent)   This is because in such a case. It is merely inquisitorial 2. AGUINALDO ATENEO LAW 2D 2010 . To enable the fiscal to prepare his complaint and information 4. the court can only suspend the criminal action upon a petition but it has no authority to order its dismissal WHAT IS A PREJUDICIAL QUESTION?  A prejudicial question is one based on a fact separate and distinct from the crime but is so intimately related to it that it determines the guilt or innocence of the accused WHAT IS THE RULE REGARDING PREJUDICIAL QUESTIONS?  In case the civil action was instituted ahead of the criminal action.

expense and anxiety of a public trial 4. the absence of a PI doesn't affect the jurisdiction of the court but merely the regularity of the proceedings  Neither is it a ground to quash the information or nullify the order of arrest issued against him or justify the release of the accused from detention  The court cannot dismiss the complaint on this ground. and to protect him from an open and public accusation of a crime. Accused cannot assert lack of preliminary investigation. Accused doesn't have full gamut of rights yet.CRIMINAL PROCEDURE NOTES Page 25 of 120 5. nevertheless it is not a constitutional right CAN THE ACCUSED DEMAND THE RIGHT TO CONFRONT AND CROSSEXAMINE HIS WITNESSES DURING THE PRELIMINARY INVESTIGATION?  No. WHEN IS IT REQUIRED?  Before a complaint or information is filed. preliminary investigation is required for all offenses punishable by imprisonment of at least 4 years. To protect the state from having to conduct useless and expensive trials WHAT IS THE SCOPE OF PRELIMINARY INVESTIGATION?  Preliminary investigation is merely inquisitorial and it is often the only means of discovering whether the offense has been committed and the persons responsible for it to enable the fiscal to prepare his complaint or information  It is not a trial on the merits and has no purpose BUT to determine whether there is probable cause to believe that an offense has been committed and that the accused is probably guilty of it  It doesn't place the accused in double jeopardy IS THE RIGHT TO PRELIMINARY INVESTIGATION A FUNDAMENTAL RIGHT?  No. the preliminary investigation is not part of the trial  It is summary and inquisitorial in nature  Its function is not to determine the guilt of the accused but merely to determine the existence of probable cause IS THE LACK OF A PRELIMINARY INVESTIGATION A GROUND FOR DISMISSING A COMPLAINT?  No. otherwise it is deemed waived 11. Doesn't affect the jurisdiction of the court—only the regularity of the proceedings 8. except if the accused was arrested by virtue of a lawful arrest without warrant  In case of lawful arrest without warrant: the complaint or information may be filed without a preliminary investigation unless the accused asks for a preliminary investigation and waives his rights under Article 125 of the RPC  Whether or not there is a need for PI depends upon the imposable penalty for the crime charged in the complaint filed with the city or provincial prosecutor’s office and not upon the imposable penalty for the crime fund to have been committed by the respondent after a preliminary investigation WHAT IS THE PURPOSE OF A PRELIMINARY INVESTIGATION? 1. and burden of defending himself in a formal trial unless the reasonable probability of his guilt has been first ascertained in a fairly summary proceeding by a competent officer 3. and should be held for trial 2. malicious and oppressive prosecution. To determine if there is sufficient ground to engender a wellfounded belief that a crime has been committed and the respondent is probably guilty thereof. from the trouble. regardless of the fine. He doesn't have right to counsel unless a confession is being obtained from him. 12. Court cannot dismiss the case based on this ground—it should conduct the investigation or order the fiscal or lower court to do it 9. expense. 2 months and 1 day. Doesn't place the accused in jeopardy 7. Accused should invoke right to PI before plea. Determine whether there is probable cause to believe that an offense has been committed and the accused is probably guilty of it 6. AGUINALDO ATENEO LAW 2D 2010 . ANGELA LEONOR C. To secure the innocent against hasty. To protect the accused from the inconvenience. and it should instead conduct the investigation or order the fiscal or lower court to do it considering that the inquest investigation conducted by the state prosecutor is null and void  The trial court should suspend proceedings and order a PI where the inquest conducted is null and void BY: MA. it is a statutory right  May be waived expressly or by silence  It is not an element of due process unless it is expressly granted by law  While the right to a PI may be substantial. Preliminary investigation may be waived 10. There is also no right to confront witnesses against him.

WHAT IS THE REMEDY OF THE ACCUSED?  He must immediately appeal it to the appellate court  He cannot raise later the issue for the first time on appeal IF THE COMPLAINT OR INFORMATION IS AMENDED. it is deemed waived IF THE COURT DENIES THE INVOCATION OF THE RIGHT TO PRELIMINARY INVESTIGATION. ANGELA LEONOR C. or else. Procedure. BY: MA. in their absence or unavailability. The respondent shall have the right to examine the evidence submitted by the complainant which he may not have been furnished and to copy them at his expense. but this should not be confused with the authority of the RTC to conduct an examination for the prupose of determining probable cause when issuing a warrant of arrest Sec.– The preliminary conducted in the following manner: investigation shall be (a) The complaint shall state the address of the respondent and shall be accompanied by the affidavits of the complainant and his witnesses. National and Regional State prosecutors 3.CRIMINAL PROCEDURE NOTES Page 26 of 120 WHAT IS THE EFFECT OF THE ABSENCE OF CERTIFICATION THAT PRELIMINARY INVESTIGATION WAS CONDUCTED?  It is of no consequence  The important thing is that there was actually an investigation and that the accused was informed thereof and was allowed to present controverting evidence WHEN SHOULD THE RIGHT TO PRELIMINARY INVESTIGATION BE INVOKED?  The accused should invoke it before plea. and these shall be made available for examination or copying by the respondent at his expense. the investigating officer shall either dismiss it if he finds no ground to continue with the investigation. The affidavits shall be subscribed and sworn to before any prosecutor or government official authorized to administer oath. each of whom must certify that he personally examined the affiants and that he is satisfied that they voluntarily executed and understood their affidavits. SHOULD A NEW PRELIMINARY INVESTIGATION BE CONDUCTED?  No. before a notary public. WHO MAY CONDUCT PRELIMINARY INVESTIGATIONS? 1. 3. Provincial or city prosecutors and their assistants 2. unless the amended complaint or information charges a NEW offense IF THE NEW COMPLAINT OR INFORMATION IS SUBSTITUTED. PCGG with respect to ill-gotten wealth CAN RTC JUDGES CONDUCT PRELIMINARY INVESTIGATIONS?  No. AGUINALDO ATENEO LAW 2D 2010 . the complainant may be required to specify those which he intends to present against the respondent. and (d) Other officers as may be authorized by law. Officers authorized to conduct preliminary investigations. or issue a subpoena to the respondent attaching to it a copy of the complaint and its supporting affidavits and documents. Their authority to conduct preliminary investigations shall include all crimes cognizable by the proper court in their respective territorial jurisdictions. or. (b) Within ten (10) days after the filing of the complaint. as well as other supporting documents to establish probable cause. SHOULD A NEW PI BE CONDUCTED?  Yes Sec. plus two (2) copies for the official file. They shall be in such number of copies as there are respondents. Ombudsman with respect to Sandiganbayan offenses and other offenses committed by public officers 5. (b) Judges of the Municipal Trial Courts and Municipal Circuit Trial Courts. (c) National and Regional State Prosecutors. – The following may conduct preliminary investigations: (a) Provincial or City Prosecutors and their assistants. If the evidence is voluminous. COMELEC with respect to election offenses 4. 2.

It shall be terminated within five (5) days. with copies thereof furnished by him to the complainant. 4. (d) If the respondent cannot be subpoenaed. (c) Within ten (10) days from receipt of the subpoena with the complaint and supporting affidavits and documents. The parties can be present at the hearing but without the right to examine or cross-examine. WHAT IS THE PROCEDURE IN CONDUCTING A PRELIMINARY INVESTIGATION?  The preliminary investigation shall be conducted in the following manner: 1. The respondent shall have the right to examine the evidence submitted by the complainant which he may not have been furnished and to copy them at his expense. as well as other supporting documents to establish probable cause. the investigating officer shall either”  Dismiss it if he finds no ground to continue with the investigation. copying. does not submit counter-affidavits within the ten (10) day period. The parties can be present at the hearing but without the right to examine or cross-examine. or if subpoenaed. Within ten (10) days from receipt of the subpoena with the complaint and supporting affidavits and documents. the respondent shall submit his counter-affidavit and that of his witnesses and other supporting documents relied upon for his defense. the investigating officer shall determine whether or not there is sufficient ground to hold the respondent for trial. The respondent shall not be allowed to file a motion to dismiss in lieu of a counter-affidavit. The counter-affidavits shall be subscribed and sworn to and certified. BY: MA. They may. or if subpoenaed. The hearing shall be held within ten (10) days from submission of the counter-affidavits and other documents or from the expiration of the period for their submission. and these shall be made available for examination or copying by the respondent at his expense. The counter-affidavits shall be subscribed and sworn to and certified as provided in paragraph (a) of this section. The investigating officer may set a hearing if there are facts and issues to be clarified from a party or a witness. the investigating office shall resolve the complaint based on the evidence presented by the complainant. or photographing at the expense of the requesting party. The hearing shall be held within ten (10) days from submission of the counteraffidavits and other documents or from the expiration of the period for their submission.CRIMINAL PROCEDURE NOTES Page 27 of 120 Objects as evidence need not be furnished a party but shall be made available for examination. (e) The investigating officer may set a hearing if there are facts and issues to be clarified from a party or a witness. or  Issue a subpoena to the respondent attaching to it a copy of the complaint and its supporting affidavits and documents. 5. 3. The respondent shall not be allowed to file a motion to dismiss in lieu of a counter-affidavit. AGUINALDO ATENEO LAW 2D 2010 . ANGELA LEONOR C. The complaint shall state:  The address of the respondent and  Shall be accompanied by the affidavits of the complainant and his witnesses. It shall be terminated within five (5) days. the respondent shall submit his counter-affidavit and that of his witnesses and other supporting documents relied upon for his defense.  The affidavits must be subscribed and sworn before the prosecutor or government official authorized to administer such or notary public Within ten (10) days after the filing of the complaint. the investigating office shall resolve the complaint based on the evidence presented by the complainant. however. If the respondent cannot be subpoenaed. 2. If the evidence is voluminous. the complainant may be required to specify those which he intends to present against the respondent. (f) Within ten (10) days after the investigation. does not submit counter-affidavits within the ten (10) day period. submit to the investigating officer questions which may be asked to the party or witness concerned.

acting on the facts within the knowledge of the prosecutor. he shall prepare the resolution and information. He shall certify under oath in the information that he. 4. You cannot cross-examine 2. he shall recommend the dismissal of the complaint. 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 chief state prosecutor or the Ombudsman or his deputy. that the person charged was guilty of the crime for which he was prosecuted  Based on the evidence that would be adduced by the parties IS THE PRESENCE OF COUNSEL IN A PRELIMINARY INVESTIGATION MANDATORY?  No. Right to be present not absolute 5. and renders judgment only after trial and based on the evidence presented therein WHAT IS THE DIFFERENCE BETWEEN CRIMINAL INVESTIGATION AND PRELIMINARY INVESTIGATION?  Criminal investigation is a fact-finding investigation carried out by law-enforcement officers for the purpose of determining whether they should file a complaint for preliminary investigation  Preliminary investigation is conducted for the purpose of determining if there is a probable cause to hold a person for trial WHAT IS PROBABLE CAUSE?  Probable cause is the existence of such facts and circumstances as would excite the belief in a reasonable mind. and that he was given an opportunity to submit controverting evidence. has personally examined the complainant and his witnesses. They shall act on the resolution within ten (10) days from their receipt thereof and shall immediately inform the parties of such action. BY: MA. or property WHAT ARE THE TWO BRANCHES OF DUE PROCESS?  Due process covers two aspects—substantive and procedural due process  Substantive due process refers to the intrinsic validity of the law  Procedural due process. No dismissal without approval 6. – If the investigating prosecutor finds cause to hold the respondent for trial. Otherwise. Within five (5) days from his resolution. an authorized officer. the requirement of due process in judicial proceedings is also required in preliminary investigations WHAT IS DUE PROCESS?  The idea that laws and legal proceedings must be fair  Principle that the government must respect all of a person's legal rights instead of just some or most of those legal rights when the government deprives a person of life. preliminary investigation is a summary proceeding and is merely inquisitorial in naure  The accused cannot yet fully exercised his rights  However. ANGELA LEONOR C. that the accused was informed of the complaint and of the evidence submitted against him. an uncounselled confession would be void WHAT ARE THE DO’S AND DON'T’S IN A PRELIMINARY INVESTIGATION? 1. liberty. Right to discovery proceedings Sec. Resolution of investigating prosecutor and its review. IS A PRELIMINARY INVESTIGATION A JUDICIAL PROCEEDING?  Yes it is a judicial proceeding where the prosecutor or investigating officer acts a quasi-judicial officer  Parties are given the opportunity to be heard and to produce evidence which shall be weighed and upon which a decision shall be rendered  Since it is a judicial proceeding. which is based on the principle that a court hear before it condemns.CRIMINAL PROCEDURE NOTES Page 28 of 120 6. or to the Ombudsman or his deputy in cases of offenses cognizable by the Sandiganbayan in the exercise of its original jurisdiction. that there is reasonable ground to believe that a crime has been committed and that the accused is probably guilty thereof. he shall forward the record of the case to the provincial or city prosecutor or chief state prosecutor. proceeds upon inquiry. AGUINALDO ATENEO LAW 2D 2010 . or as shown by the record. if a confession is to be obtained from respondent. the investigating officer shall determine whether or not there is sufficient ground to hold the respondent for trial. You cannot file complaint or information without authority 4. Within ten (10) days after the investigation. No right to counsel except when confession is being obtained 3.

or as shown by the record. file the information against the respondent. File a petition for prohibition MAY THE REGIONAL STATE PROSECUTOR FILE AN INFORMATION IN COURT?  No. That the accused was informed of the complaint and of the evidence submitted against him. If the investigating prosecutor recommends the dismissal of the complaint but his recommendation is disapproved by the provincial or city prosecutor or chief state prosecutor or the Ombudsman or his deputy on the ground that a probable cause exists. has personally examined the complainant and his witnesses. And that he was given an opportunity to submit controverting evidence. or to dismiss or move for dismissal of the complaint or information with notice to the parties. or to dismiss or move for dismissal of the complaint or information with notice to the parties. WHAT IS THE REMEDY OF THE ACCUSED? *Code: RICA P 1. Refuse to enter plea 2. 2. b. He shall certify under oath in the information that: a. 6. even if the accused already entered a plea to an information filed alone by the Regional State prosecutor. either: a. the Secretary of Justice reverses or modifies the resolution of the provincial or city prosecutor or chief state prosecutor. he shall direct the prosecutor concerned either to file the corresponding information without conducting anther preliminary investigation. or to the Ombudsman or his deputy in cases of offenses cognizable by the Sandiganbayan in the exercise of its original jurisdiction. File certiorari if refused 4. unless he has the prior written approval of the city or provincial or chief state prosecutor  Thus. HOW DOES THE INVESTIGATING PROSECUTOR RESOLVE THE FINDINGS AFTER PRELIMINARY INVESTIGATION?  The investigating prosecutor shall do the following 1. If the investigating officer finds no probable cause. c. If the investigating prosecutor finds cause to hold the respondent for trial. If upon petition by a proper party under such rules as the Department of Justice may prescribe or motu propio. 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 chief state prosecutor or the Ombudsman or his deputy. the court may still BY: MA. Direct another assistant prosecutor or state prosecutor to do so without conducting another preliminary investigation. d. he shall forward the record of the case to the provincial or city prosecutor or chief state prosecutor. The same rule shall apply in preliminary investigations conducted by the officers of the Office of the Ombudsman. by himself. he shall prepare the resolution and information. an authorized officer. file the information against the respondent. Insist on a preliminary investigation 3. b. the latter may. That there is reasonable ground to believe that a crime has been committed and that the accused is probably guilty thereof. IF THERE WAS NO PRELIMINARY INVESTIGATION CONDUCTED. the latter may. They shall act on the resolution within ten (10) days from their receipt thereof and shall immediately inform the parties of such action. If upon petition by a proper party under such rules as the Department of Justice may prescribe or motu propio. By himself. He. he shall direct the prosecutor concerned either to file the corresponding information without conducting anther preliminary investigation. 5. the Secretary of Justice reverses or modifies the resolution of the provincial or city prosecutor or chief state prosecutor. or direct another assistant prosecutor or state prosecutor to do so without conducting another preliminary investigation. 3. he shall recommend the dismissal of the complaint Within five (5) days from his resolution. 4. ANGELA LEONOR C. Raise it as an error on appeal 5. AGUINALDO ATENEO LAW 2D 2010 .CRIMINAL PROCEDURE NOTES Page 29 of 120 Where the investigating prosecutor recommends the dismissal of the complaint but his recommendation is disapproved by the provincial or city prosecutor or chief state prosecutor or the Ombudsman or his deputy on the ground that a probable cause exists.

Municipal Trial Court in Cities. if the arrest is by virtue of a warrant. or the Ombudsman or his deputy. the procedure for the issuance of a warrant of arrest by the judge shall be governed by paragraph (a) of this section. (b) By the Municipal Trial Court. counter-affidavits and other supporting evidence of the parties. and the corresponding information is filed. the judge may issue a warrant of arrest if he finds after an examination in writing and under oath of the complainant and his witnesses in the form of searching questions and answers. AGUINALDO ATENEO LAW 2D 2010 . for appropriate action. Resolution of investigating judge and its review. (c) When warrant of arrest not necessary. The resolution shall state the findings of facts and the law supporting his action. (c) the undertaking or bail of the accused and the order for his release. ANGELA LEONOR C. together with the record of the case which shall include: (a) the warrant. or to the Ombudsman or his deputy in cases of offenses cognizable by the Sandiganbayan in the exercise of its original jurisdiction. the preliminary investigation of cases falling under the original jurisdiction of the Metropolitan Trial Court. Their ruling shall expressly and clearly state the facts and the law on which it is based and the parties shall be furnished with copies thereof. (b) the affidavits. or if the complaint or information was filed pursuant to section 7 of this Rule or is for an offense BY: MA. if the resolution is for the dismissal of the complaint. the investigating judge shall transmit the resolution of the case to the provincial or city prosecutor. Sec. When conducted by the prosecutor. and (e) the order of cancellation of his bail bond. Municipal Trial Court. In case of doubt on the existence of probable cause. or by the Ombudsman or his deputy. If he finds probable cause. he shall issue a warrant of arrest. (d) the transcripts of the proceedings during the preliminary investigation. the judge may order the prosecutor to present additional evidence within five (5) days from notice and the issue must be resolved by the court within thirty (30) days from the filing of the complaint of information. or a commitment order if the accused has already been arrested pursuant to a warrant issued by the judge who conducted the preliminary investigation or when the complaint or information was filed pursuant to section 7 of this Rule. Within thirty (30) days from receipt of the records. without waiting for the conclusion of the investigation. – When required pursuant to the second paragraph of section of this Rule. refrain from entertaining the appeal  The matter should be left to the determination of the court IF THE SECRETARY OF JUSTICE GIVES DUE COURSE TO THE APPEAL. – Within ten (10) days from the filing of the complaint or information. or Municipal Circuit Trial Court may be conducted by either the judge or the prosecutor. he shall issue a warrant of arrest. 6. the provincial or city prosecutor. – A warrant of arrest shall not issue if the accused is already under detention pursuant to a warrant issued by the municipal trial court in accordance with paragraph (b) of this section. 5. WHAT SHOULD THE TRIAL JUDGE DO?  The trial judge should suspend proceedins and defer arraignment pending the resolution of the appeal IS THE DETERMINATION OF PROBABLE CAUSE A JUDICIAL OR EXECUTIVE FUNCTION?  It depends  Executive function: purpose of determining whether there is reasonable ground to believe that the accused has committed the offense and should be held for trial  Judicial function: issuance of warrant of arrest by a judge Sec. If his findings and recommendations are affirmed by the provincial or city prosecutor. When warrant of arrest may issue. However. the judge shall personally evaluate the resolution of the prosecutor and its supporting evidence. – Within ten (10) days after the preliminary investigation. When the investigation is conducted by the judge himself. shall review the resolution of the investigating judge on the existence of probable cause. he shall follow the procedure provided in section 3 of this Rule. as the case may be. that a probable cause exists and that there is a necessity of placing the respondent under immediate custody in order not to frustrate the ends of justice. He may immediately dismiss the case if the evidence on record clearly fails to establish probable cause.CRIMINAL PROCEDURE NOTES Page 30 of 120 dismiss the same on the ground that it didn't acquire jurisdiction over the case since it was filed by one who is not authorized WHY SHOULD THE SECRETARY OF JUSTICE DO IF AN INFORMATION ALREADY FILED IN COURT IS APPEALED TO HIM?  He should as far as practicable. They shall order the release of an accused who is detained if no probable cause is found against him. – (a) By the Regional Trial Court.

WHAT IS THE REMEDY OF THE PROSECUTOR IF HE BELIEVES THAT THE ACCUSED SHOULD BE IMMEDIATELY PLACED UNDER CUSTODY?  The prosecutor should file the information in court. that would be tantamount to asking the court to examine and assess such evidence submitted by the parties before trial and on the basis thereof and to make a conclusion as to whether or not it suffices to establish the guilt of the accused WHAT IS A PRELIMINARY EXAMINATION? WHAT IS ITS PURPOSE?  A preliminary examination is a proceeding for the purpose of determining probable cause for the issuance of a warrant of arrest  Its purpose is to determine— o The fact of commission of a crime o The probability that the person sought to be arrested committed the crime WHAT ARE THE DIFFERENCES BETWEEN A PRELIMINARY INVESTIGATION AND PRELIMINARY EXAMINATION? PRELIMINARY INVESIGATION Executive function May be done by a prosecutor. he cannot preempt the trial by filing a motion to quash on the ground of insufficiency of evidence  Whether the function of determining probable cause has been correctly discharged by the prosecutor is a matter that the trial court itself doesn't and may not pass upon IS THE FINDING OF A JUDGE THAT PROBABLE CAUSE EXISTS FOR THE PURPOSE OF ISSUING A WARRANT OF ARREST SUBJECT TO JUDICIAL REVIEW?  No. AGUINALDO ATENEO LAW 2D 2010 .CRIMINAL PROCEDURE NOTES Page 31 of 120 penalized by fine only. 1. Within ten (10) days from the filing of the complaint or information. The court shall them proceed in the exercise of its original jurisdiction. he shall issue a warrant of arrest. If denied. or a commitment order if the accused has already been arrested pursuant to a warrant issued by the MTC judge who conducted the preliminary investigation or when the complaint or information was filed pursuant to section 7 of this Rule. He may immediately dismiss the case if the evidence on record clearly fails to establish probable cause. CAN THE ACCUSED FILE A MOTION TO QUASH BASED ON INSUFFICIENCY OF EVIDENCE?  No. Ganay modified this rule by providing that investigating judges’ power to order the arrest of the accused is limited to instances where there is necessity for placing him in custody in order not to frustrate the ends of justice WHAT IS THE REMEDY OF THE COMPLAINANT IF THE SECRETARY OF JUSTICE DOESN'T ALLOW THE FILING OF A CRIMINAL COMPLAINT AGAINST THE ACCUSED BECAUSE OF INSUFFICIENCY OF EVIDENCE?  The complainant can file a civil action for damages against the offender based on Article 35 of the CC  Would require only a preponderance of evidence BY: MA. If he finds probable cause. Post bail 2. File a motion to quash information 4. o Pangay v. he may appeal the judgment after trial (no certiorari) *Code: PAMPI IF THE JUDGE DIDN'T ISSUE A WARRANT FOR THE ARREST OF THE ACCUSED DURING THE PRELIMINARY INVESTIGATION. so that the RTC may issue the warrant of arrest  He should not file for mandamus—this would take two years to resolve WHAT IS A WARRANT OF ARREST?  Legal process issued by a competent authority. Ask for reinvestigation 3. File a petition for review 5. ANGELA LEONOR C. the judge shall personally evaluate the resolution of the prosecutor and its supporting evidence. 2. PCGG or a COMELEC official May not be done ex parte PRELIMINARY EXAMINATION Judicial function Done by judges only May be done ex parte WHAT ARE THE REMEDIES OF A PARTY AGAINST WHOM A WARRANT OF ARREST HAS BEEN ISSUED?  A party against whom a warrant of arrest has been issued may 1. directing the arrest of a person or persons upon grounds stated therein WHEN MAY A WARRANT OF ARREST BE ISSUED?  If issued by the RTC. 3.

When the accused is already in detention issued by the MTC 2. When the penalty is of a fine only 4. After the filing of the complaint or information in court without a preliminary investigation. AGUINALDO ATENEO LAW 2D 2010 . HOW SHOULD THE COMPLAINT OR INFORMATION BE FILED WHEN THE ACCUSED IS LAWFULLY ARRESTED WITHOUT WARRANT?  The complaint or information may be filed by the prosecutor without need of preliminary investigation provided an inquest proceeding has been conducted in accordance with existing rules  In the absence of an inquest prosecutor. the judge shouldn't rely solely on the report of the prosecutor in finding probable cause to justify the issuance of warrant of arrest  He must decide independently and must have supporting evidence other than the prosecutor’s bare report Sec. while the judge determines it for the purpose of issuing a warrant of arrest to determine whether there is a necessity of placing the accused under immediate custody in order not to frustrate the ends of justice  Since the objectives are different. If the warrant of arrest is issued by the MTC and if the preliminary investigation was conducted by the prosecutor. as amended. 7. When the accused was arrested by virtue of a lawful arrest without warrant 3. the judge may order the prosecutor to present additional evidence within five (5) days from notice and the issue must be resolved by the court within thirty (30) days from the filing of the complaint of information. – When a person is lawfully arrested without a warrant involving an offense which requires a preliminary investigation. the complaint or BY: MA. ask for a preliminary investigation WHAT IS AN INQUEST? WHEN IS A WARRANT OF ARREST NOT NECESSARY?  A warrant of arrest is not necessary in the following instances: 1. the person arrested may ask for a preliminary investigation in accordance with this Rule. the warrant is valid WHAT ARE THE PRINCIPLES GOVERNING THE FINDING OF PROBABLE CAUSE FOR THE ISSUANCE OF A WARRANT OF ARREST?  There is a distinction between the objective of determining probable cause as done by the prosecutor and that done by the judge—the prosecutor determines it for the purpose of filing the complaint or information.CRIMINAL PROCEDURE NOTES Page 32 of 120 4. ANGELA LEONOR C. he may ask for a preliminary investigation provided he signs a waiver of his rights under Article 125 of the RPC (Delay in the Delivery to Judicial Authorities) in the presence of counsel o He may still apply for bail in spite of the waiver o The investigation must be terminated within 15 days  After the complaint was filed but before arraignment. he may apply for bail and the investigation must be terminated within fifteen (15) days from its inception. 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. the same procedure as above is followed information may be filed by a prosecutor without need of such investigation provided an inquest has been conducted in accordance with existing rules. When accused lawfully arrested without warrant. Before the complaint or information is filed. In case of doubt on the existence of probable cause. the accused may. this kind of warrants are void because the violate the constitutional provision which requires that warrants of arrests should particularly describe the person or persons to be arrested  But if there is sufficient description to identify the person to be arrested. in the presence of his counsel. the accused may within 5 days from the time he learns of the filing. but he must sign a waiver of the provision of Article 125 of the Revised Penal Code. Notwithstanding the waiver. ask for a preliminary investigation with the same right to adduce evidence in his defense as provided in this Rule. within five (5) days from the time he learns of its filing. 5. Those covered by a summary procedure WHEN IS A JOHN DOE WARRANT VALID? ARE THEY VALID?  A John Doe warrant is a warrant for the apprehension of a person whose true name is unknown  Generally. In the absence or unavailability of an inquest prosecutor. the offended party may file the complaint directly in court on the basis of the affidavit of the offended party or police officer WHAT IS THE REMEDY OF THE PERSON ARRESTED WITHOUT WARRANT IF HE WANTS A PRELIMINARY INVESTIGATION? (ANGEL: SHOULD BE INQUEST PROCEEDING)  Before the complaint or information is filed.

or after personally examining in writing and under oath the complainant and his witnesses in the form of searching questions and answers. It shall be in writing 2. however. if the judge is satisfied that there is no necessity for placing the accused under custody. on its own initiative or on motion of any party. shall not form part of the record of the case. The prosecutor shall act on the complaint based on the affidavits and other supporting documents submitted by the complainant within ten (10) days from its filing. – An information or complaint filed in court shall be supported by the affidavits and counter-affidavits of the parties and their witnesses. AGUINALDO ATENEO LAW 2D 2010 . NOTE: The record of the PI doesn't form part of the RTC records unless introduced as evidence during the trial Sec. and within 10 days from the filing of the complaint or information. and hold him for trial. WHAT ARE THE GUIDELINES TO SAFEGUARD THE RIGHTS OF AN ACCUSED WHO HAS BEEN ARRESTED WITHOUT A WARRANT?  The arresting officer must bring the arrestee before the inquest fiscal to determine whether the person should remain in custody and charged in court or if he should be released for lack of evidence or for further investigation WHAT SHOULD BE IN A CUSTODIAL INVESTIGATION REPORT? 1. HE SHALL DISMISS THE COMPLAINT OR INFORMATION  He may require the submission or additional evidence. When he finds probable cause. the court. WITHIN 10 DAYS FROM NOTICE. (b) Record of preliminary investigation. together with the other supporting evidence and the resolution on the case.CRIMINAL PROCEDURE NOTES Page 33 of 120  An inquest is an informal and summary investigation conducted by the public prosecutor in a criminal case involving persons ARRESTED AND DETAINED WITHOUT THE BENEFIT OF A WARRANT OF ARREST issued by the court for the purpose of determining WHETHER SAID PERSONS SHOULD REMAIN UNDER CUSTODY AND CORRESPONDINGLY CHARGED IN COURT prosecutor. dismiss the case. the prosecutor shall act on the complaint based on the affidavits and other supporting documents submitted by the complainant WITHIN 10 DAYS FROM ITS FILING  If the complaint is filed with the MTC. He may. Records. However. – If the complaint or information is filed with the Municipal Trial Court or Municipal Circuit Trial Court for an offense covered by this section. the judge finds no probable cause after personally evaluating the evidence. the procedure outlined in section 3(a) of this Rule shall be observed. he shall issue a warrant of arrest. If the judge still finds no probable cause despite the additional evidence. he shall dismiss the same. – If the complaint is filed directly with the prosecutor involving an offense punishable by imprisonment of less than four (4) years. two (2) months and one (1) day. may order the production of the record or any of its part when necessary in the resolution of the case or any incident therein. It should explain the causes on detention 5. (b) If filed with the Municipal Trial Court. – (a) If filed with the BY: MA. whether conducted by a judge or a prosecutor. WHAT IS THE PROCEDURE IN CASES NOT REQUIRING A PRELIMINARY INVESTIGATION?  If the complaint is filed with the prosecutor. within ten (10) days from notice. – (a) Records supporting the information or complaint. ANGELA LEONOR C. the procedure in section 3 (a) of this Rule shall be observed. Should be read and adequately explained to the arrestee by his counsel in the language or dialect known to the arrestee 3. or when it is to be introduced as an evidence in the case by the requesting party. the judge FINDS NO PROBABLE CAUSE after personally examining the evidence in writing and under oath of the complainant and his witnesses in the form of searching questions and answers. he shall dismiss the case. he may issue summons instead of a warrant of arrest. or a commitment order if the accused had already been arrested. require the submission of additional evidence. he shall. 9. to determine further the existence of probable cause. It should include the recommendation and its corresponding support and basis  It shall be null and void absent any of the requisites mentioned  Not applicable when a warrant of arrest was issued Sec. Cases not requiring a preliminary investigation nor covered by the Rule on Summary Procedure. If within ten (10) days after the filing of the complaint or information. Signed or thumbmarked by the respondent 4. within ten (10) days from its submission or expiration of said period. If he still finds no probable caue. 8. However. – The record of the preliminary investigation.

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IF HE FINDS PROBABLE CAUSE, he shall issue a warrant of arrest or commitment order and hold him for trial. If he thinks there is no necessity for placing the accused under custody, he may ISSUE SUMMONS INSTEAD

NOTA BENE:  Distinction between the control of the court and the prosecutor  If the case has been filed in court, THE SECRETARY OF JUSTICE IS ADMONISHED not to entertain any petition for review. The court may ignore or deny any decision he would make and this would cause embarrassment to him.  The court acquires absolute control upon the filing of the case (review from the past lectures) DISTINCTION BETWEEN INQUEST PRELIMINARY INVESTIGATION INQUEST PROCEEDING Accused already under detention. To request for an inquest, the accused must sign a waiver of Article 125 of the RPC The DOJ guidelines applicable when accused has been validly arrested without a warrant of arrest. PROCEEDINGS AND

WHAT IS THE ISSUE REGARDING ERAP? WHY DID HE APPLY AND WAS GRANTED HOUSE ARREST?  Erap first filed a petition for bail but was denied  Plunder is a non-bailable offense  The bail being denied, the natural consequence is detention  He applied for house arrest given the circumstances of his person and medical reasons Sec. 2. Arrest; how made. – An arrest is made by an actual restraint of a person to be arrested, or by his submission to the custody of the person making the arrest. No violence or unnecessary force shall be used in making an arrest. The person arrested shall not be subject to a greater restraint than is necessary for his detention. HOW ARREST IS MADE?  An arrest is made by an actual restraint of the person to be arrested or by his submission to the custody of the person making the arrest WHAT DOES IT MEAN WHEN JURISPRUDENCE SAYS THAT THE OFFICER IN MAKING THE ARREST, MUST “STAND HIS GROUND”?  It means that the officer may use such force as is reasonably necessary to effect the arrest Sec. 3. Duty of arresting officer. – It shall be the duty of the officer executing the warrant to arrest the accused and deliver him to the nearest police station or jail without unnecessary delay. WHAT IS THE DUTY OF THE ARRESTING OFFICER WHO ARRESTS A PERSON?  He must deliver the person immediately to the nearest jail or police station WHY SHOULD HE DELIVER? WHAT IS THE EVIL SOUGHT TO BE AVOIDED?  This is to avoid situations when the officer will hold the law in his own hands Sec. 4. Execution of warrant. – The head of the office to whom the warrant of arrest was delivered for execution shall cause the warrant to be executed within ten (10) days from its receipt. Within ten (10) days after the expiration of the period, the officer

PRELIMINARY INVESTIGATION This is a statutory right. The accused is not yet in custody and there is no waiver to be signed. May be asked within 5 days from filing.

RULE 113 - ARREST Section 1. Definition of arrest. – Arrest is the taking of a person into custody in order that he may be bound to answer for the commission of an offense. WHAT IS ARREST?  Arrest is the taking of a person into custody in order that he may be bound to answer for the commission of the offense IS THERE HOUSE ARREST IN OUR JURISDICTION?  Yes. Under Article 88 of the RPC, when there are offenses punishable with arresto mayor, one can be given house arrest under certain conditions.

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2D 2010

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to whom it was assigned for execution shall make a report to the judge who issued the warrant. In case of his failure to execute the warrant, he shall state the reason therefore. WITHIN WHAT PERIOD MUST A WARRANT OF ARREST BE SERVED?  There is no limitation of period  A warrant of arrest is valid until the arrest is effected or the warrant lifted  The head of the office to whom the warrant was delivered must cause it to be executed within 10 days from its receipt, and the officer to whom it is assigned must make a report to the judge who issued the warrant within 10 days from the expiration of the period. If he fails to execute it, he should state the reasons therefore. WHAT IS THE LIFETIME OF A WARRANT OF ARREST?  A warrant of arrest remains valid until the arrest is effected or the warrant lifted. TO VALIDLY EFFECT ARREST, MUST THE PEACE OFFICER HAVE IN HIS POSSESSION THE WARRANT OF ARREST?  Police officers may effect arrest without the warrant in their possession at the time of the arrest Sec. 5. Arrest without warrant; when lawful. – A peace officer or a private person may, without a warrant, arrest a person: (a) When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense; (b) When an offense has just been committed and he has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it; and (c) 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 is temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another. In cases falling under paragraphs (a) and (b) above, the person arrested without a warrant shall be forthwith delivered to the

nearest police station or jail and shall be proceeded against in accordance with section 7 of Rule 112. WHEN IS AN ARREST WITHOUT WARRANT LAWFUL?  A peace officer or private person may arrest without warrant: 1. When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense; 2. When an offense has just been committed and he has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it; and 3. 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 is temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another. 4. In hot pursuit A POLICE OFFICER WAS CHASING A PERSON WHO HAD JUST COMMITTED AN OFFENSE. THE PERSON WENT INSIDE A HOUSE, SO THE POLICE OFFICER FOLLOWED. INSIDE THE HOUSE, THE POLICE OFFICER SAW DRUGS LYING AROUND. CAN HE CONFISCATE THE DRUGS AND USE THEM AS EVIDENCE?  Yes. The plain view doctrine is applicable to this case because there was a valid prior intrusion. The police officer inadvertently discovered the evidence, he had a right to be there, and the evidence was immediately apparent. WHAT IF THE OFFICER MERELY PEEKS THROUGH THE WINDOW OF THE HOUSE AND SEES THE DRUGS, CAN HE CONFISCATE THEM AND USE THEM AS EVIDENCE?  He can confiscate them, without prejudice though to his liability for violation of domicile.  He cannot use them as evidence because the seizure cannot be justified under the plain view doctrine, there being no previous valid intrusion. WHAT IS THE EFFECT IF A WARRANTLESS AREEST IS ILLEGAL?  It doesn't render void all other proceedings, including those leading to the conviction of the accused nor can the state deprived of its right to convict the guilty when all the facts of record point to his culpability

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2D 2010

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Sec. 6. Time of making arrest. – An arrest may be made on any day and at any time of the day or night. WHEN SHOULD AN ARREST BE MADE?  It can be made on any day or any time of the day and night Sec. 7. 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, except when he flees or forcibly resists before the officer has opportunity to so inform him, or when the giving of such information will imperil the arrest. The officer need not have the warrant in his possession at the time of the arrest but after the arrest, if the person arrested so requires, the warrant shall be shown to him as soon as practicable. Sec. 8. Method of arrest by officer without warrant. – When making an arrest without a warrant, the officer shall inform the person to be arrested of his authority and the cause of the arrest, unless the latter is either engaged in the commission of an offense, is pursued immediately after its commission, has escaped, flees, or forcibly resists before the officer has opportunity to so inform him, or when the giving of such information will imperil the arrest. CAN AN OFFICER ARREST A PERSON AGAINST WHOM A WARRANT HAS BEEN ISSUED EVEN IF HE DOESN'T HAVE THE WARRANT WITH HIM?  Yes, but after the arrest, if the person arrested requires, the warrant must be shown to him as soon as possible. Sec. 9. Method of arrest by private person. – When making an arrest, a private person shall inform the person to be arrested of the intention to arrest him and the case of the arrest, unless the latter is either engaged in the commission of an offense, is pursued immediately after its commission, or has escaped, flees, or forcibly resists before the person making the arrest has opportunity to so inform him, or when the giving of such information will imperil the arrest. Sec. 10. Officer may summon assistance. – An officer making a lawful arrest may orally summon as many persons as he deems necessary to assist him in effecting the arrest. Every person so summoned by an officer shall assist him in effecting the arrest when he can render such assistance without detriment to himself.

Sec. 11. Right of officer to break into building or enclosure. – An officer, in order to make an arrest either by virtue of a warrant, or without a warrant as provided in section 5, may break into any building or enclosure where the person to be arrested is or is reasonably believed to be, if he is refused admittance thereto, after announcing his authority and purpose. Sec. 12. Right to break out from building or enclosure. – Whenever an officer has entered the building or enclosure in accordance with the preceding section, he may break out therefrom when necessary to liberate himself. WHAT AUTHORITY DOES AN ARRESTING OFFICER HAVE? 1. Summon assistance 2. Break into the building or enclosure 3. Break out of the building Sec. 13. Arrest after escape or rescue. – If a person lawfully arrested escapes or is rescued, any person may immediately pursue or retake him without a warrant at any time and in any place within the Philippines. Sec. 14. Right of attorney or relative to visit person arrested. – Any member of the Philippine Bar shall, at the request of the person arrested or of another acting in his behalf, have the right to visit and confer privately with such person in the jail or any other place of custody at any hour of the day or night. Subject to reasonable regulations, a relative of the person arrested can also exercise the same right. NOTE: Under RA7438, any person arrested or detained or under custodial investigation shall be allowed visits by or conferences with any member of his immediate family, or any medical doctor, or priest or any religious minister chosen by him or by any member of his immediate family or by his counsel, or by any national non-governmental organization duly accredited by the CHR or by any international non-governmental organization accredited by the Office of the President. Immediate family shall include—spouse, fiancé or fiancée, parent or child, brother or sister, grandparent or grandchild, uncle or aunt, nephew or neice, and guardian or ward.

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2D 2010

furnished by him or a bondsman. – Bail is the security given for the release of a person in custody of the law. and (d) The bondsman shall surrender the accused to the court for execution of the final judgment. After conviction. Furnished by him or a bondsman 4. Corporate surety 2. With the condition to do some particular act 4. to guarantee his appearance before any court as required under the conditions hereinafter specified. (b) The accused shall appear before the proper court whenever required by the court of these Rules. Recognizance WHAT IS RECOGNIZANCE? 1. the amount of the undertaking and the conditions required by this section. To guarantee his appearance before any court as required WHEN IS THE RIGHT TO BAIL AVAILABLE?  The right only accrues when a person is arrested or deprived of his liberty  The right to bail presupposes that the accused is under legal custody  A court cannot order provisional liberty to one who is then actually in the enjoyment of his liberty  The right to bail therefore presupposes that the accused should be in custody WHAT ARE THE DIFFERENT FORMS OF BAIL? 1. Conditions of the bail. Entered before a court or magistrate duly authorized to take it 3. WHAT IS BAIL? 1.CRIMINAL PROCEDURE NOTES Page 37 of 120 RULE 114 . and unless cancelled. WHAT IS THE CONSTITUTIONAL BASIS OF THE RIGHT TO BAIL?  Presumption of innocence Sec. 2. ANGELA LEONOR C. – All kinds of bail are subject to the following conditions: (a) The undertaking shall be effective upon approval. If before conviction. the bond given as security thereof may be forfeited. Property bond 3.  The court even has the power to prohibit a person admitted to bail from leaving the Phiippines or restrict his right to travel BY: MA. The most usual condition in criminal cases being the appearance of the accused for trial NOTA BENE: may be by the accused himself or of another person. shall remain in force at all stages of the case until promulgation of the judgment of the Regional Trial Court. the trial may proceed in absentia. left and right profiles of the accused must be attached to the bail. An example of this is when Cory Aquino took recognizance of Jomar Sison. he will appear in court to which it may be remanded and submit himself to the orders and processes thereof *For failure to perform any of these conditions. Photographs (passport size) taken within the last six (6) months showing the face. AGUINALDO ATENEO LAW 2D 2010 . WHAT ARE THE CONDITIONS OF THE BAIL? 1.BAIL Section 1. that he will surrender himself in execution of the judgment that the appellate court may render 3. Cash bond 4. property bond. Obligation of record 2. In such case. that the defendant shall answer the complaint or information in the court in which it is filed or to which it may be transferred for trial 2. The original papers shall state the full name and address of the accused. That in case the cause is remanded for new trial. CAN THE COURT IMPOSE OTHER CONDITIONS OR LIMITATIONS ON THE BAIL?  Yes. the trial court may impose other conditions in granting bail where the likelihood of the accused jumping bail or of committing other harm to the citizenry is feared. (c) The failure of the accused to appear at the trial without justification and despite due notice shall be deemed a waiver of his right to be present thereat. Bail defined. requirements. or recognizance. cash deposit. one applies for recognizance. It is the security given 2. Bail may be given in the form of corporate surety. irrespective of whether the case was originally filed in or appealed to it. Take note also that there are instances when there is pending application for probation. For the release of a person in custody of the law 3.

before conviction. the accused may apply for and be granted bail even prior to arraignment. or violated the conditions of his bail without valid justification. or life imprisonment. or Municipal Circuit Trial Court. or his bail shall be cancelled upon a showing by the prosecution. forfeiture of other bail.CRIMINAL PROCEDURE NOTES Page 38 of 120 DOES AN ADDITIONAL CONDITION NOT VIOLATE THE PROHIBITION ON EXCESSIVE BAIL?  No because the determination if there is excessive bail would depend on the facts and circumstances of each case  Bail would still be determined based on the following factors-financial liability of the accused to give bail. However. shall. of the following or other similar circumstances: (a) That he is a recidivist. evaded sentence. Sec. bail becomes a MATTER OF DISCRETION NOTA BENE: When bail is a matter of right. SECTION 13 OF THE CONSTITUTION: All persons. 4. provided it has not transmitted the original record to the appellate court. – All persons in custody shall be admitted to bail as a matter of right. AGUINALDO ATENEO LAW 2D 2010 . nature and circumstance of the offense. or has committed the crime aggravated by the circumstance of reiteration. if the decision of the trial court conviction the accused changed the nature of the offense from non-bailable to bailable. probability of the accused appearing at the trial. under arrest or detention or restraint by the officers of the law. with sufficient sureties. except when such person is charged with a capital offense and the evidence of guilt is strong  From the moment a person is under custody. Bail. admission to bail is discretionary. – 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. Sec. the application for bail can only be filed with and resolved by the appellate court. penalty for the offense charged. (b) That he has previously escaped from legal confinement. No release or transfer except on court order or bail. 3. he can claim the guarantee of the Bill of Rights. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. reclusion perpetua. – Upon conviction by the Regional Trial Court of an offense not punishable by death. a matter of right. Should the court grant the application. exception. the fact that the accused was a fugitive from justice when arrested. Sec. when discretionary. be bailable by sufficient sureties. and (b) before conviction by the Regional Trial court of an offense not punishable by death. and this right he retains unless and until he is charged with a capital offense and evidence of guilt is strong IS BAIL A MATTER OF RIGHT OR OF DISCRETION? WHEN IS IT EITHER?  Bail is either a matter of right or of discretion  Upon custody and prior to conviction. Municipal Trial Court. the accused shall be denied bail. or be released on recognizance as may be provided by law. or released on recognizance as prescribed by law or this Rule (a) before or after conviction by the Metropolitan Trial Court. Bail. ARTICLE 3. age and health of the accused. before conviction of any criminal offense any person shall be bailable. If the penalty imposed by the trial court is imprisonment exceeding six (6) years. BY: MA. Municipal Trial Court in Cities. or reclusion perpetua. or habitual delinquent. or reclusion perpetua  However. quasi-recidivist. reclusion perpetua. or life imprisonment. 5. it is a MATTER OF RIGHT when the offense charged is not punishable by death. except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong. character and reputation of the accused. with notice to the accuse. The application for bail may be filed and acted upon by the trial court despite the filing of a notice of appeal. upon conviction by the RTC of an offense not punishable by death. Excessive bail shall not be required. and pendency of other cases where the accused is on bail. the accused may be allowed to continue on provisional liberty during the pendency of the appeal under the same bail subject to the consent of the bondsman. weight of the evidence against the accused. WHAT IS THE GENERAL RULE REGARDING THE RIGHT TO BAIL?  As a general rule. life imprisonment. ANGELA LEONOR C. life imprisonment.

a hearing should still be had  It is incumbent upon the prosecution to show evidence of guilt is strong. or habitual delinquent. or (e) That there is undue risk that he may commit another crime during the pendency of the appeal. with notice to the accused. The appellate court may. Even if there is absence or refusal. parole. or when charged with an offense that under the law is punishable with reclusion perpetua at the time of the commission of the offense and at the time of application for bail WHEN IS A BAIL HEARING NECESSARY?  The present rules provide that a bail hearing is mandatory on granting bail. Require periodic reports of the accused to court 3. IS BAIL A MATTER OF RIGHT OR OF DISCRETION?  It is neither a matter of right nor a matter of discretion. or 5. Why? It should be denied due to the high flight risk. ANGELA LEONOR C. WHAT EVIDENCE SHOULD BE USED BY THE COURT?  If the prosecutor refuses to cooperate. a person shall not be admitted to bail if charged with a capital offense. That the circumstances of his case indicate the probability of flight if released on bail. 3. parole. review the resolution of the Regional Trial Court after notice to the adverse party in either case. Warn the accused that should he jump bail. or violated the conditions of his bail without valid justification. Increase the amount of the bail 2.CRIMINAL PROCEDURE NOTES Page 39 of 120 (c) That he committed the offense while under probation. the evidence that should be used by the court is the evidence found in the information. complaint or even the records of the case or preliminary investigation conducted CAN THE COURT MOTU PROPIO GRANT BAIL EVEN IF THERE IS NO APPLICATION?  No. whether it is a matter of right or of discretion  Even in cases where there is no petition for bail. it shall be void  The reason is that there is a need for clear grounds before a person can be denied his liberty  This is to safeguard the constitutional right to presumption of innocence IF THERE IS A POSSIBILITY THAT THE ACCUSED WOULD JUMP BAIL. That he has previously escaped from legal confinement. or has committed the crime aggravated by the circumstance of reiteration. IF PROSECUTOR REFUSES. AGUINALDO ATENEO LAW 2D 2010 . otherwise. IF THE ACCUSED IS CONVICTED IN THE RTC FOR AN OFFENSE WITH LESS THAN 6 YEARS OF IMPRISONMENT. WHEN MAY A PERSON BE NOT ADMITTED TO BAIL?  When the evidence of guilt is strong. WHEN CAN THE PROSECUTION MOVE FOR THE CANCELLATION OR DENIAL OF BAIL OF THE ACCUSED?  If the penalty imposed by the court is imprisonment for more than 6 years. That he is a recidivist. motu proprio or on motion of any party. the prosecution may move for the denial or cancellation of the bail of the accused. That there is undue risk that he may commit another crime during the pendency of the appeal. the trial may proceed in absentia BY: MA. WHAT IS REQUIRED OF THE JUDGE WHO DENIES AN APPLICATION FOR BAIL?  The order denying bail issued by the judge should contain a summary of the evidence presented and the reason for the denial. 4. court shall still conduct a hearing. That he committed the offense while under probation. upon showing of the following circumstances: 1. or conditional pardon. IS BAIL A MATTER OF RIGHT OR OF DISCRETION?  It is matter of discretion  Bail after conviction in the RTC for an offense not punishable by a capital punishment is a matter of discretion IF THE ACCUSED IS CONVICTED IN THE RTC FOR AN OFFENSE PUNISHABLE FROM 6 TO 8 YEARS. 2. (d) That the circumstances of his case indicate the probability of flight if released on bail. WHAT CAN THE COURT DO? 1. quasi-recidivist. evaded sentence. or conditional pardon.

IS THE RULE ABSOLUTE?  No. the trial court loses his jurisdiction over the bail application. or otherwise unable to testify. under the law existing at the time of its commission and of the application for admission to bail. However. once the records have been transmitted to the appellate court.  Furthermore. ANGELA LEONOR C. reclusion perpetua. not the penalty that may be imposed taking into account modifying circumstances Sec. where should he file his application? If the records of the case have not been transmitted to the appellate court. The evidence presented during the bail hearing shall be considered automatically reproduced at the trial but.CRIMINAL PROCEDURE NOTES Page 40 of 120  WHAT IS THE DOCTRINE OF RESIDUAL POWERS?  They are powers which the trial court retains even after the perfection of the appeal  For example: X was charged and convicted with a crime so he filed a notice of appeal. RP’S CONVICTION WAS AFFIRMED AND HIS BAIL WAS CANCELLED. outside the Philippines. not bailable. X can file the application with the trial court. 8. ON APPEAL. – A capital offense is an offense which. 7. PENDING TRIAL. shall be admitted to bail when evidence of guilt is strong. If he wants to put up bail. RP APPEALED TO THIS DECISION AND PRAYED TO BE ALLOWED TO POST BAIL FOR TEMPORARY LIBERTY. if the decision of the trial court upgraded the offense from non-bailable to bailable. may be punished by death HOW IS THE CAPITAL NATURE OF AN OFFENSE DETERMINED?  The capital nature of the offense is determined by the penalty prescribed by law What is to be considered is prima facie evidence. IS RP ENTITLED TO BAIL?  In this case. under the law existing at the time of its commission and of the application for admission to bail. NOTA BENE: The grant or denial of bail in capital offense hinges on the strength of the evidence of guilt. They have access to arms which make them a danger to society. THEREAFTER. a summary hearing for his bail application for the sole purpose of determining whether or not evidence is strong is unnecessary. IN AN INFORMATION FILED BEFORE THE RTC. or life imprisonment. The equal protection clause is not violated since they are of a different class with a substantial difference from civilians. the application should be filed with and could only be resolved by the appellate court CAN AN ACCUSED POST BAIL EVEN IF HE HAS NOT BEEN FORMALLY CHARGED IN COURT?  Yes as long as the accused is under custody of the law CAN ANTONIO TRILLANES POST BAIL?  No. upon motion of either party. may be punished with death.  The extensive trial before the lower court and the appeal before respondent court are more than sufficient in accomplishing the purpose for which a summary hearing for bail application is designed Sec. military men are not granted bail. RP WAS CHARGED WITH VIOLATION OF PD 1866 FOR ILLEGAL POSSESSION OF FIREARMS PUNISHABLE BY RECLUSION TEMPORAL MAXIMUM TO RECLUSION PERPETUA. regardless of the state of the criminal prosecution. – No person charged with a capital offense. RP WAS RELEASED ON BAIL. even if the offense is punishable with prison correctional. – At the hearing of an application for bail filed by a person who is in custody for the commission of an offense punishable by death. AGUINALDO ATENEO LAW 2D 2010 . the court may recall any witness for additional examination unless the latter is dead. Burden of proof in bail application. 6. RP WAS CONVICTED AS CHARGED AND METED AN INDETERMINATE PENALTY OF 17 YEARS 4 MONTHS AND 1 DAY OF RECLUSION TEMPORAL TO 21 YEARS OF RECLUSION PERPETUA. Capital offense or an offense punishable by reclusion perpetua or life imprisonment. This requires that the trial court conduct BY: MA. Capital offense defined.  See COMENDADOR CASE CAN BAIL BE GRANTED IN DEPORTATION CASES?  No. appellant was convicted of a crime punishable by reclusion perpetua. see PURUGGANAN CASE Sec. He is therefore not entitled to bail as his conviction clearly imports that the evidence of guilt is strong. the prosecution has the burden of showing that evidence of guilt is strong. or an offense punishable by reclusion perpetua or life imprisonment. WHAT IS A CAPITAL OFFENSE?  A capital offense is an offense which.

discharge the accused upon the approval of the bail bond. Pendency of other cases where the accused is on bail. Excessive bail shall not be required. Amount of bail. 2. If evidence of guilt is strong. SECTION 19 OF THE CONSTITUTION: 1. 8. degrading or inhuman punishment inflicted. Decide whether the evidence of guilt is strong based on the summary of evidence of the prosecution 4. (e) Age and health of the accused. for compelling reasons involving heinous crimes. WHAT DETERMINES IF BAIL IS EXCESSIVE OR NOT? IS IT THE AMOUNT?  It doesn't depend on the amount but is dependent on the circumstances of the accused particularly his financial capacity WHAT ARE THE GUIDELINES IN SETTING THE AMOUNT OF BAIL? 1. and 10. The fact that the accused was a fugitive from justice when arrested. the petition should be denied. the Congress hereafter provides for it. guidelines. (b) Nature and circumstance of the offense. nor cruel. Nature and circumstance of the offense. that the accused is the guilty agent and that he will probably be punished capitally if the law is administered PRESUMPTION GREAT Exists when the circumstances testified to are such that the inference of guilt naturally to be drawn therefrom is strong. and (j) Pendency of other cases where the accused is on bail. Probability of the accused appearing at the trial. (f) Weight of the evidence against the accused. clear and convincing unbiased judgment and excludes all reasonable probability of any other conclusion (d) Character and reputation of the accused. (c) Penalty for the offense charged. Neither shall death penalty be imposed. Penalty for the offense charged. Conduct a hearing 3. 3. Notify the prosecutor of the hearing or require him to submit a recommendation 2. The burden of proof lies with the prosecution to show the evidence of guilt is strong. the discretion of the trial court must be sound and exercised within reasonable grounds. 5. (i) The fact that the accused was a fugitive from justice when arrested. unless. – The judge who issued the warrant or granted the application shall fix a reasonable amount of bail considering primarily. strong evidence while leads a well-grounded dispassionate judgment to the conclusion that the offense has been committed as charged. WHAT IS EVIDENT PROOF AND PRESUMPTION GREAT? EVIDENT PROOF Clear. Sec. the following factors: (a) Financial liability of the accused to give bail. ARTICLE 3. 4. Character and reputation of the accused.CRIMINAL PROCEDURE NOTES Page 41 of 120 bail hearings wherein both the prosecution and the defense are afforded sufficient opportunity to present their respective evidence. 6. 9. the burden of proof is upon the prosecution to show that the evidence of guilt of accused is strong WHAT ARE THE DUTIES OF THE TRIAL JUDGE IN CASE AN APPLICATION FOR BAIL IS FILED? 1. But the determination of whether the evidence of guilt is strong is a matter of judicial discretion. Forfeiture of other bail. Age and health of the accused. Financial liability of the accused to give bail. but not limited to. If the guilt of the accused is not strong. BY: MA. AGUINALDO ATENEO LAW 2D 2010 . Any death penalty already imposed shall be reduced to reclusion perpetua. Weight of the evidence against the accused. MUST THE DEFENSE PRESENT ANY EVIDENCE DURING THE HEARING ON THE APPLICATION FOR BAIL?  No. Excessive fines shall not be imposed. (g) Probability of the accused appearing at the trial. 7. (h) Forfeiture of other bail. ANGELA LEONOR C. 9. Though not absolute nor beyond control.

in the Registration Book on the space provided therefore. in the Registry of Deeds for the province or city where the land lies. He shall describe the property given as security. CAN THE COURT REFUSE TO ACCEPT A CORPORATE SURETY AND REQUIRE INSTEAD THE POSTING OF A CASH BOND?  No. The employment of physical. WHAT HAPPENS WHEN THE JUDGE IMPOSES EXCESSIVE BAIL?  The judge may be administratively sanctioned and filed as the judge violates the constitutional right of the accused to bail and its prohibition on excessive bail  The judge makes the right a teasing illusion like a munificent bequest in a pauper’s will WHAT IS THE REMEDY OF THE ACCUSED IF HE IS DENIED BAIL?  He should file a special civil action in the Court of Appeals within 60 days Sec. AGUINALDO ATENEO LAW 2D 2010 . The court may examine the sureties upon oath concerning their sufficiency in such manner as it may deem proper. and his other liabilities. the accused shall cause the annotation of the lien on the certificate of title on file with the Registry of Deeds if the land is registered. Justification of sureties.  It is only the reputation or credit standing of the bondsman or the expectancy of the price at which the property can be sold is placed in the hands of the court to guarantee the production of the body of the accused at the various proceedings leading to conviction or acquittal. Within the same period. 13. licensed as a surety in accordance with law and currently authorized to act as such. Sec. his real estate must be worth at least the amount of undertaking. stating the nature of his title. 10. its encumbrances. ANGELA LEONOR C. or if unregistered. every surety must be worth the amount specified in his own undertaking over and above all just debts. the accused shall submit to the court his compliance and his failure to do so shall be sufficient cause for the cancellation of the property bond and his re-arrest and detention. Within ten (10) days after the approval of the bond. – A property bond is an undertaking constituted as lien on the real property given as security for the amount of the bail. the number and amount of other bails entered into by him and still undischarged. psychological.CRIMINAL PROCEDURE NOTES Page 42 of 120 2. A surety or property bond doesn't require an actual financial outlay on the part of the bondsmand or property owner. – Every surety shall justify by affidavit taken before the judge that he possesses the qualification prescribed in the preceding section. or degrading punishment against any prisoner or detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law. the trial court may not reject otherwise acceptable sureties and insist that the accused obtain his provisional liberty only through a cash bond  The posting of the cash bond would entail a transfer of assets into the possession of the court. Property bond. may provide bail by a bond subscribed jointly by the accused and an officer of the corporation duly authorized by its board of directors. and on the corresponding tax declaration in the office of the provincial. how posted. city and municipal assessor concerned. a surety bond may be obtained by the accused by the payment of a relatively small premium. (b) Where there is only one surety. Qualifications of sureties in property bond. Sec. WHAT ARE THE MINIMUM REQUIREMENTS FOR SURETIES?  Surety must be a resident owner of real estate within the Philippines BY: MA. and its procurement could work untold hardship on the part of the accused as to have the effect of altogether denying the accused’s constitutional right to bail. – The qualifications of sureties in a property bond shall be as follows: (a) Each must be a resident owner of real estate within the Philippines. each may justify in an amount less than that expressed in the undertaking but the aggregate of the justified sums must be equivalent to the whole amount of the bail demanded. (c) If there are two or more sureties. No bail shall be approved unless the surety is qualified.  On the other hand. 12. Sec. 11. obligations and properties exempt from execution. – Any domestic or foreign corporation. Corporate surety. In all cases.

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 

If there is only one surety, his real estate must be worth the amount of the undertaking If there are two or more sureties, the aggregate of the sums must be equivalent to the whole amount of the bail demanded, and every surety must be worth the amount specified in his own undertaking over and above all just debts, obligations, and properties exempt from execution

A person in custody for a period equal to or more than the minimum of the principal penalty prescribed for the offense charged, without application of the Indeterminate Sentence Law or any modifying circumstance, shall be released on a reduced bail or on his own recognizance, at the discretion of the court. Sec. 17. Bail, where filed. – (a) Bail in the amount fixed may be filed with the court where the case is pending, or in the absence or unavailability of the judge thereof, with any regional trial judge, metropolitan trial judge, municipal trial judge, or municipal circuit trial judge in the province, city or municipality. If the accused is arrested in a province, city, or municipality other than where the case is pending, bail may also be filed with any regional trial court of said place, of if no judge thereof is available, with any metropolitan trial judge, municipal trial judge, or municipal circuit trial judge therein. (b) Where the grant of bail is a matter of discretion, or the accused seeks to be released on recognizance, the application may only be filed in the court where the case is pending, whether on preliminary investigation, trial, or appeal. Any person in custody who is not yet charged in court may apply for bail with any court in the province, city, or municipality where he is held. AS A GENERAL RULE, WHERE SHOULD BAIL BE FILED?  It may be filed with the court where the case is pending. In the absence of the judge thereof, bail may be filed with any RTC or MTC judge in the province, city or municipality.  If the accused is arrested in a province, city or municipality other than where the case is pending, bail may also be filed with the RTC of said place, or if no judge is available, with any MTC judge therein  But where bail is a matter of discretion or where the accused seeks to be released on recognizance, bail may only be filed in the court where the case is pending  Any person in custody not yet charged may apply for bail with any court in the province, city or municipality where he is held WHERE SHOULD ONE POST BAIL IF HE HASN'T BEEN CHARGED YET?  In the RTC of the place where he is in custody. In the absence of RTC, in the MTC.

MAY THE COURT ADDITIONALLY REQUIRE THAT THE SURETY BE A RESIDENT OF THE PHILIPPINES BUT OF THE PROVINCE?  Yes, the provision which requires that the sureties must be a resident householder or freeholder within the Philippines is but a minimum requirement  And where this requirement would not prejudice the petitioner, the judge has the power to add such requirement Sec. 14. Deposit of cash as bail. – The accused or any person acting in his behalf may deposit in cash with the nearest collector of internal revenue or provincial, city, or municipal treasurer the amount of bail fixed by the court, or recommended by the prosecutor who investigated or filed the case. Upon submission of a proper certificate of deposit and a written undertaking showing compliance with the requirements of section 2 of this Rule, the accused shall be discharged from custody. The money deposited shall be considered as bail and applied to the payment of fine and costs while the excess, if any, shall be returned to the accused or to whoever made the deposit. Sec. 15. Recognizance. – Whenever allowed by law or these Rules, the court may release a person in custody on his own recognizance or that of a responsible person. Sec. 16. Bail, when not required; reduced bail or recognizance. – No bail shall be required when the law or these Rules so provide. When a person has been in custody for a period equal to or more than the possible maximum imprisonment prescribed for the offense charged, he shall be released immediately, without prejudice to the continuation of the trial or the proceedings on appeal. If the maximum penalty to which the accused may be sentenced is destierro, he shall be released after thirty (30) days of preventive imprisonment.

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2D 2010

CRIMINAL PROCEDURE NOTES Page 44 of 120

 WHAT SITUATIONS ARE CONTEMPLATED UNDER THIS SECTION?  First, the accused is arrested in the same province, city or municipality where his case is pending  Second, the accused is arrested in the province, city or municipality other than where his case is pending MAY A JUDGE ISSUE A BAIL BOND FOR CASES NOT PENDING IN HIS SALE OR ARE OUTSIDE HIS JURISDICTION CONTENDING THAT IT WAS DONE MAINLY IN GOOD FAITH INTERPRETATION AND APPLICATION OF THE RULES?  No, a judge cannot shield himself from the consequence of his persistent deviant activities by the simple invocation of good fatih and the supplication that he was only moved by pity for the poor and forsaken accused  A judge’s jurisdiction is confined to that over which he presides  Therefore to approve bail applications and issue corresponding release order in cases pending in courts outside his territorial jurisdiction, particularly so where the accused are detained thereat and not in his jurisdiction and therefore cannot personally appear before him as required, constitute ignorance of the law so gross as to amount to incompetence and even corruption Sec. 18. Notice of application to prosecutor. – In the application for bail under section 8 of this Rule, the court must give reasonable notice of the hearing to the prosecutor or require him to submit his recommendation. WHY IS NOTICE TO THE PROSECUTOR REQUIRED?  Such notice is required because the burden of showing that the evidence of guilt is strong is on the prosecution Sec. 19. Release on bail. – The accused must be discharged upon approval of the bail by the judge with whom it was filed in accordance with section 17 of this Rule. When bail is filed with a court other than where the case is pending, the judge who accepted the bail shall forward it, together with the order of release and other supporting papers, to the court where the case is pending, which may, for good reason, require a different one to be filed. WHAT ARE THE PREREQUISITES FOR A JUDGE TO ISSUE THE RELEASE OF THE ACCUSED UPON FILING OF A BOND?

The application for bail must be filed in the court where the case is pending. In the absence or unavailability of the judge thereof, the application for bail may be filed with another branch of the same court within the province or city If the accused is arrested in a province, city or municipality other than where the case is pending, bail may be filed with any RTC of the place. If no judge thereof is available, then with the MTC judge therein.

Sec. 20. Increase or reduction of bail. – After the accused is admitted to bail, the court may, upon good cause, either increase or reduce its amount. When increased, the accused may be committed to custody if he does not give bail in the increased amount within a reasonable period. An accused held to answer a criminal charge, who is released without bail upon filing of the complaint or information, may, at any subsequent stage of the proceedings and whenever a strong showing of guilt appears to the court, be required to give bail in the amount fixed, or in lieu thereof, committed to custody. Sec. 21. Forfeiture of bail. – When the presence of the accused is required by the court or these Rules, his bondsmen shall be notified to produce him before the court on a given date and time. If the accused fails to appear in person as required, his bail shall be declared forfeited and the bondsmen given thirty (30) days within which to produce their principal and to show why no judgment should be rendered against them for the amount of their bail. Within the said period, the bondsmen must: (a) produce the body of their principal or give the reason for his non-production; and (b) explain why the accused did not appear before the court when first required to do so. Failing in these two requisites, a judgment shall be rendered against the bondsmen, jointly and severally, for the amount of the bail. The court shall not reduce or otherwise mitigate the liability of the bondsmen, unless the accused has been surrendered or is acquitted. WHAT DO BONDSMEN UNDERTAKE TO DO UNDER THE BOND?

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2D 2010

CRIMINAL PROCEDURE NOTES Page 45 of 120

When the appearance of the accused is required, the sureties shall be notified to produce the accused before the court on a given date If the accused fails to appear as required, the bond is declared forfeited and the bondsmen are given 30 days within which to produce the accused and show cause why judgment shouldn't be rendered against them for the amount of the bond Within the period of 30 days, the bondsmen must: 1. Produce the body of the accused 2. Explain satisfactorily why the accused didn't appear when first required to do so o If they fail to comply with these requisites, the court shall render judgment against them on the bond.

Within the period of 30 days, the bondsmen must: 1. Produce the body of the accused 2. Explain satisfactorily why the accused didn't appear when first required to do so Failure of the bondsman to produce the accused when required by the court and subsequent presentment will not exonerate the bondsman’s liability unless he gives satisfactory reason why he failred to appear when first required to do so SATISFACTORY EXPLANATION—act of God, act of the obligee, act of the law exonerates the sureties. If the accused died, the fact of death must be before the breach and the fact of death must be established by competent evidence for the sureties to be exonerated from liability.

WHAT IS THE EFFECT OF ASSUMING THE OBLIGATION OF BAIL?  The sureties become in law the jailers of the principal  Their custody of him is the continuation of the original imprisonment and though they cannot actually confine him, they are subrogated to all other rights and means which the government possesses to make their control of him effective when the accused jumps bail and the trial shall continue and the bondsman held to their undertaking and sureties UNDER WHOSE DISCRETION IS THE REDUCTION OF THE LIABILITY OF A BONDSMAN UNDER THE FORFEITED BOND?  It is wholly subject to the discretion of the trial court  To be refused or granted according to the merits of the particular case before the court, and the exercise of such discretion will not be disturbed on appeal unless grave abuse of discretion was committed or that there are circumstances which the trial court failed to consider WHAT IS THE DUTY OF THE BONDSMAN WHEN ACCUSED IS REQUIRED TO APPEAR?  Notice alone to the accused is insufficient.  The bondsman is duty bound to produce the person of the accused when his appearance is required by the court, which shows that mere notice is not sufficient but the bondsman must make every effort to see that he actually makes his appearance  Failure to do so, trial court may consider it negligent in the performance of his duties which the SC cannot disturb WHAT ARE THE REQUISITES EXEMPTION FROM LIABILITY? TO JUSTIFY THE BONDSMAN’S

Sec. 22. Cancellation of bail. – Upon application of the bondsmen, with due notice to the prosecutor, the bail may be cancelled upon surrender of the accused or proof of his death. The bail shall be deemed automatically cancelled upon acquittal of the accused, dismissal of the case, or execution of the judgment of conviction. In all instances, the cancellation shall be without prejudice to any liability on the bail. HOW IS BAIL CANCELLED?  The same principles and procedure governing hearings on an application for bail applies to cancellation of bail  The same issue as in an application for bail confronts the judge in proceedings for cancellation of bail. Hence, the similarity of the nature and procedure for application for bail and cancellation are the same Sec. 23. Arrest of accused out on bail. – For the purpose of surrendering the accused, the bondsmen may arrest him or, upon written authority endorsed on a certified copy of the undertaking, cause him to be arrested by a police officer or any other person of suitable age and discretion. 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.

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2D 2010

A monthly report of such visitation shall be submitted by the executive judges to the Court Administrator which shall state the total number of detainees. In no case shall bail be allowed after the accused has commenced to serve sentence. the accused shall be entitled to the following rights: (a) To be presumed innocent until the contrary is proved beyond reasonable doubt. If before such finality. provided that he raises these questions before plea. Sec. the bondsman may arrest him or cause a written authority indorsed on a certified copy of the undertaking. When no bail was filed or the accused is incapable of filing one. the court may allow his release on recognizance to the custody of a responsible member of the community. city. The court shall resolve the matter as early as practicable but not later than the start of the trial of the case. inquire on their proper accommodation and health and examine the condition of the jail facilities. 26. he may be allowed temporary liberty under his bail. ANGELA LEONOR C. the accused applies for probation. if that cannot be done at once. exception. from arraignment to promulgation of the BY: MA. – No bail shall be allowed after a judgment of conviction has become final. In cities and municipalities to be specified by the Supreme Court. the duration of detention.RIGHTS OF ACCUSED Section 1. Bail not a bar to objections on illegal arrest. they may arrest him on Sabbath. They shall order the segregation of sexes and of minors from adults. the status of the case. the crime charged. – The court shall exercise supervision over all persons in custody for the purpose of eliminating unnecessary detention. they may pursue him into another State.CRIMINAL PROCEDURE NOTES Page 46 of 120 CAN THE BONDSMEN ARREST THE ACCUSED FOR GOOD CAUSE EVEN IF THE LATTER IS OUT ON BAIL?  Yes  For the reason of surrending the defendant. the municipal trial judges or municipal circuit trial judges shall conduct monthly personal inspections of the municipal jails in their respective municipalities and submit a report to the executive judge of the Regional Trial Court having jurisdiction therein. and other pertinent information. they may imprison him until it can be done  They may exercise their rights in person or his agent. provided that he raises them before entering his plea. DOES AN APPLICATION FOR BAIL BAR THE ACCUSED FROM QUESTIONING THE VALIDITY OF THE WARRANT. the cause for detention. lack of or irregular preliminary investigation. the names of those held for more than thirty (30) days. The executive judges of the Regional Trial Courts shall conduct monthly personal inspections of provincial. Court supervision of detainees. may cause him to be arrested by any police officer or any other person of suitable age and discretion  When bail is given. they may seize him and deliver him up. the principal is regarded as delivered to the custody of his sureties. (b) To be informed of the nature and cause of the accusation against him. and municipal jails and the prisoners within their respective jurisdictions.  The ruiing modifies the previous ruling that an application for bail by the accused shall be considered as a waiver of his right to challenge the validity of his arrest or the absence of a preliminary investigation  There is nothing inconsistent with posting bail and filing a motion to quash information RULE 115 . and strive to eliminate conditions inimical to the detainees. OR THE MANNER OF CONDUCTING THE PRELIMINARY INVESTIGATION  No. or from assailing the regularity or questioning the absence of a preliminary investigation of the charge against him. (c) To be present and defend in person and by counsel at every stage of the proceedings. 24. they may break into and enter his house for that purpose Sec. Sec. They shall ascertain the number of detainees. No bail after final judgment. 25. and if necessary. – In all criminal prosecutions. – An application for or admission to bail shall not bar the accused from challenging the validity of his arrest or the legality of the warrant issued therefore.  Whenever they choose to do so. ensure the observance of the right of detainees to confer privately with counsel. their dominion is a continuance of the original imprisonment. Rights of accused at trial. AGUINALDO ATENEO LAW 2D 2010 .

there is no need for trial-type proceedings in order to satisfy due process  The important thing is that there was an opportunity to be heard  Notice and hearing are the two minimum requirements of due process IN GENERAL. or otherwise unable to testify. or otherwise unable to testify. His silence shall not in any manner prejudice him.CRIMINAL PROCEDURE NOTES Page 47 of 120 judgment. Either party may utilize as part of its evidence the testimony of a witness who is deceased. His silence shall not in any manner prejudice him. the adverse party having the opportunity to cross-examine him. impartial and public trial. To be informed of the nature and cause of the accusation against him. 7. 5. he shall be deemed to have waived his right to be present on all subsequent trial dates until custody over him is regained. To be exempt from being compelled to be a witness against himself. 2. Upon motion. To testify as a witness in his own behalf but subject to crossexamination on matters covered by direct examination. To have compulsory process issued to secure the attendance of witnesses and production of other evidence in his behalf. 6. To be present and defend in person and by counsel at every stage of the proceedings. the accused may be allowed to defend himself in person when it sufficiently appears to the court that he can properly protect his rights without the assistance of counsel. given in another case or proceeding. the adverse party having the opportunity to cross-examine him. The requirements of procedural due process are as follows: 1. 4. unless his presence is specifically ordered by the court for purposes of identification. unavailable. waive his presence at the trial pursuant to the stipulations set forth in his bail. out of or can not with due diligence be found in the Philippines. involving the same parties and subject matter. The defendant must be given an OPPORTUNITY TO BE HEARD 4. (e) To be exempt from being compelled to be a witness against himself. however. (i) To appeal in all cases allowed and in the manner prescribed by law. DUE PROCESS IS IT NECESSARY TO HAVE TRIAL-TYPE PROCEEDINGS IN ORDER TO SATISFY THE REQUIREMENT OF DUE PROCESS?  No. To have speedy. involving the same parties and subject matter. (d) To testify as a witness in his own behalf but subject to crossexamination on matters covered by direct examination. When an accused under custody escapes. WHAT ARE THE 9 RIGHTS OF AN ACCUSED IN CRIMINAL PROCEEDINGS?  The following are the rights accorded the accused: 1. out of or can not with due diligence be found in the Philippines. 9. given in another case or proceeding. impartial and public trial. To confront and cross-examine the witnesses against him at the trial. 3. The absence of the accused without justifiable cause at the trial of which he had notice shall be considered a waiver of his right to be present thereat. from arraignment to promulgation of the judgment. AGUINALDO ATENEO LAW 2D 2010 . judicial or administrative. The accused may. There must be an IMPARTIAL AND COMPETENT COURT with judicial power to hear and determine the matter before it 2. To appeal in all cases allowed and in the manner prescribed by law. 8. ANGELA LEONOR C. To be presumed innocent until the contrary is proved beyond reasonable doubt. (h) To have speedy. Either party may utilize as part of its evidence the testimony of a witness who is deceased. Judgment must be RENDERED UPON LAWFUL HEARING BY: MA. Jurisdiction MUST HAVE BEEN LAWFULLY ACQUIRED over the person of the defendant or over the property subject of the proceeding 3. (g) To have compulsory process issued to secure the attendance of witnesses and production of other evidence in his behalf. judicial or administrative. unavailable. WHAT ARE THE REQUIREMENTS OF PROCEDURAL DUE PROCESS? 1. (f) To confront and cross-examine the witnesses against him at the trial.

He fails to appear at the trial but his non-appearance at the trial is unjustifiable CAN THE RIGHT TO BE PRESENT BE WAIVED?  Yes. ANGELA LEONOR C. When the presence of the accused at the trial is required for purposes of identification. Judgment must be rendered WITHIN THE AUTHORITY of constitutional law PRESUMPTION OF INNOCENCE WHAT IS THE MEANING OF THE RIGHT OF PRESUMPTION OF INNOCENCE?  The right means that the presumption must be overcome by evidence of guilt beyond reasonable doubt 1. SECTION 12 OF THE CONSTITUTION (RIGHTS DURING CUSTODIAL INVESTIGATION) BY: MA. and the defense follows thereafter  But this is reversed when the accused admits the killing but claims self-defense  A reverse trial happens  The accused must first establish the elements of self-defense in order to overturn the presumption that he was guilt of the offense WHAT IS THE PURPOSE OF HAVING TO BE INFORMED OF THE NATURE AND CAUSE OF THE ACCUSATION?  To know if he is truly the guilty party  To know the charge against him RIGHT TO BE PRESENT IN TRIAL WHAT ARE THE REQUISITES OF A VALID TRIAL IN ABSENTIA? 1. WHAT ARE THE ELEMENTS OF SELF-DEFENSE? 1. AGUINALDO ATENEO LAW 2D 2010 . During arraignment 2. 3. except if it is for a light offense 3. If there is a REASONABLE CONNECTION between the fact presumed and the fact ultimately proven from such fact. The accused must be heard by a court of COMPETENT JURISDICTION 2. The burden of proving the elements of self-defense is incumbent upon the accused. the prosecution first presents its evidence to establish the guilt of the accused. For example. except in the following situations where the presence of the accused at the trial is required 1. He may be punished only after INQUIRY AND INVESTIGATION 4. He has been duly notified of the trial 3. During promulgation of judgment. Accusation is not synonymous to guilt—conviction should then be based on the strength of the evidence of the prosecution and not the weakness of the defense WHAT IS THE RATIONALE FOR THE PRESUMPTION OF INNOCENCE?  There ought to be a balance between the machineries of the State and the accused WHAT ARE THE EXCEPTIONS TO THE CONSTITUTIONAL PRESUMPTION OF INNOCENCE? 1. or that persons in possession of recently stolen goods are presumed guilty of the offense in connection with the goods 2. WHAT ARE THE REQUIREMENTS OF PROCEDURAL DUE PROCESS? 1.CRIMINAL PROCEDURE NOTES Page 48 of 120 IN CRIMINAL CASES. unless he admits beforehand that he is the same person charged RIGHT TO COUNSEL ARTICLE 3. In cases of SELF-DEFENSE. the person who invokes the selfdefense is presumed guilty. There must be NOTICE to the accused 5. He must have been proceeded against under ORDERLY PROCESSES OF THE LAW 3. Unlawful aggression Reasonable means employed to prevent or repel it Lack of sufficient provocation on the part of the person defending himself WHAT IS A REVERSE TRIAL?  Usually in most cases. The accused has been already arraigned 2. an accountable public officer who fails to account for funds or property that should be in his custody is presumed to be guilty of malversation of public funds. Guilt beyond reasonable doubt means that there is moral certainty as to the guilt of the accused 2. 2. The accused must be given an OPPORTUNITY TO BE HEARD 6.

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. BY: MA. the right to counsel could only be waived in writing and in the presence of counsel. the duty to appoint counsel de officio is mandatory only up to the time of arraignment DOES THE MISTAKE OF COUNSEL BIND THE CLIENT?  As a rule. incommunicado. who is preferably the accused’s own choice. IS THE RIGHT TO COUNSEL ABSOLUTE? WHAT KIND OF COUNSEL PURPOSE OF COUNSEL CHOICE OF ACCUSED Counsel of his own choice IS THERE A DIFFERENCE BETWEEN THE RIGHT TO COUNSEL DURING THE CUSTODIAL INVESTIGATION AND THE RIGHT TO COUNSEL DURING TRIAL?  Yes. Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. a custodial investigation has stricter requirements. During the trial. the purpose of the counsel is not so much to protect the accused from being forced to confess. 3. A custodial investigation requires the presence of a competent and independent counsel. threat. force. AGUINALDO ATENEO LAW 2010 . Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him. the client cannot question a decision on the ground that his counsel was an idiot  However. even on appeal  However. If the question is not raised in the trial court. and he turns out to be a fake lawyer. These rights cannot be waived except in writing and in the presence of counsel. but rather is to defend the accused. it can also be waived  The accused is deemed to have waived his right to counsel when he voluntarily submits himself to the jurisdiction of the Court and and proceeds with his defense  But in two cases. CUSTODIAL INVESTIGATION Presence of a competent and independent counsel Protect the accused from being forced to confess ARRAIGNMENT Presence of a competent counsel Informing the accused of the consequences of his plea and the nature and cause of the accusation against him Court can appoint a counsel for the accused (counsel de officio) TRIAL Presence of an effective counsel Defend the accused  On the other hand. This danger doesn't really exist during trial since the latter is done in public. hence the danger that confessions will be extracted against the will of the defendant during the custodial investigation. If the person cannot afford the services of counsel. IS IT THE DUTY OF THE COURT TO APPOINT COUNSEL DE OFFICIO MANDATORY AT ALL TIMES?  No. ANGELA LEONOR C. intimidation. Furthermore. violence. He was thus denied of his right to counsel and due process. WHY IS THE RIGHT TO COUNSEL AFFORDED DURING TRIAL?  The right to counsel afforded during trial because this right is embraced in one’s right to be heard WHEN SHOULD THE RIGHT TO COUNSEL BE INVOKED?  The right to counsel can be invoked at any stage of the proceedings.CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 49 of 120  1. solitary. In this case. The law shall provide for penal and civil sanctions for violations of this Section as well as compensation to the rehabilitation of victims of torture or similar practices. an exception to this if counsel misrepresents himself as a lawyer. 2. the Court held that the defendant cannot raise for the first time on appeal his right to have an attorney. he must be provided with one. the prosecution may go to trial. A custodial investigation take note is not done in public. or any other means which vitiate the free will shall be used against him. 4. and their families. During trial. No torture. the mistake of counsel binds the client  Therefore. the right to counsel means the right to effective counsel. the accused is entitled to new trial because his right to be represented by a member of the bar was violated. or other similar forms of detention are prohibited. Secret detention places.

AGUINALDO ATENEO LAW 2010 . he may altogether refuse to take the witness stand and refuse to answer any and all questions. picture taking. HE IS MOST PROBABLE GUILTY OF THE ACCUSATION. WHEN CAN THE ACCUSED DEFEND HIMSELF IN PERSON?  The accused can defend himself in person only if the court is convinced that he can properly protect his rights even without the assistance of counsel. WHO MAY INVOKE THE RIGHT AGAINST SELF-INCRIMINATION AND WHEN CAN SUCH PERSON INVOKE THE RIGHT?  An ordinary witness may invoke the right but he may only do so as each incriminating question is asked  The accused himself may invoke the right. IS THERE AN EXCEPTION TO THE RIGHT AGAINST SELFINCRIMINATION?  The right cannot be invoked when the State has the rights to inspect documents under its police power. the following are permissible—substance from the body. and similar incidents which involve the use of intelligence. but unlike the ordinary witness. on cases on selfincrimination. The accused cannot insist on counsel that he cannot afford. FOR HUMANITARIAN REASONS—to prevent the State with all its coercive powers from extracting testimony that may convict the accused 2. CAN HE INVOKE THE RIGHT AGAINST SELF-INCRIMINATION?  No. REVEALING HIS WHEREABOUTS WOULD RESULT TO A DOMESTIC TURBULENCE. wallet. etc. morphine from mouth. ANGELA LEONOR C.CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 50 of 120    No since the right of choice must be exercised in a reasonable manner within reasonable time. RIGHT TO BE A WITNESS ON HIS OWN BEHALF WHAT IS THE WEIGHT OF THE TESTIMONY OF THE ACCUSED WHO TESTIFIES ON HIS OWN BEHALF BUT REFUSES TO BE CROSSEXAMINED?  The testimony will not be given any weight  It will not have probative value because the prosecution was not given the chance to test the credibility of the testimony through cross-examination RIGHT AGAINST SELF-INCRIMINATION WHAT IS THE SCOPE OF THE RIGHT AGAINST SELFINCRIMINATION?  The right against self-incrimination covers testimonial compulsion only and the compulsion to produce real or physical evidence using the body of the accused  Physical or moral compulsion to extort communication WITH WHAT KIND OF TESTIMONY OR INSTANCES CAN THE RIGHT BE INVOKED?  It applies to commutative testimony and not mechanical testimony  Commutative testimony involves the use of intelligence on the part of the accused or witness. He can only invoke the right if there is only a possibility of criminal prosecution but not in cases of possible embarrassment. The following on the other hand are not permissible—handwriting. ON WHAT KIND OF PROCEEDINGS CAN THE RIGHT AGAINST SELFINCRIMINATION BE INVOKED?  The right against self-incrimination can be invoked in all proceedings instituted by the government WHAT IS THE RATIONALE FOR PROTECTING THE RIGHT AGAINST SELF-INCRIMINATION? 1. The inserting of his hand into the hole will not involve intelligence on his part to fulfill the task. Corrorarily. SUPPOSE THAT THERE IS A HOLE IN A DOOR TO WHICH IF IT IS FOUND OUT THAT THE HAND OF THE ACCUSED FITS THE HOLE. what is being asked of him is mechanical in nature. put on pants. FOR PRACTICAL REASONS—the accused is likely to commit perjury if he were compelled to testify against himself SUPPOSE THAT X WAS A WITNESS IN A JUDICIAL PROCEEDING. Also the right of the accused to choose counsel is subject to the right of the state to due process and adequate justice. BY: MA. one who is not a member of the bar. such as documents of corporations. physical exam. X WAS ACTUALLY TOGETHER WITH A WOMAN IN A MOTEL DURING THAT DATE. signature. CAN X RIGHTFULLY INVOKE HIS RIGHT AGAINST SELF-INCRIMINATION?  X cannot invoke the right. or one who declines for a valid reason. THE COUNSEL ASKED HIM ABOUT HIS WHEREABOUTS DURING A CERTAIN DATE.

the inference is that the alibi is not believable IS DNA TESTING INCRIMINATION? COVERED BY THE RIGHT AGAINST SELF- BY: MA. To prejudice X as a result of his refusal would render his right against self-incrimination useless and nugatory. If in the prior charge of perjury against him. then he could invoke the right. CAN THIS BE TAKEN AGAINST X?  No. or any other means which vitiate free will 4. then it could not invoke the right. the accused has the following rights— 1. He cannot refuse to answer questions during cross-examination by claiming that the answer that he will give could incriminate him for the crime he is being charged.CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 51 of 120   But once the accused waives his right and chooses to testify on his own behalf. the accused has the following rights— 1. threat. conviction. However. X REFUSED TO ANSWER INVOKING THE RIGHT AGAINST SELF-INCRIMINATION. The right to be informed of the nature and cause of the accusation against him 2.  CAN AN ACCUSED OR WITNESS INVOKE THE RIGHT AGAINST SELFINCRIMINATION IF HE IS ASKED ABOUT PAST CRIMINALITY?  It depends  If he can still be prosecuted for it. HE INVOKES HIS RIGHT AGAINST SELF-INCRIMINATION. questions about the past criminal liability are still covered by the protection against selfincrimination  But if he cannot anymore be prosecuted for it anymore. The right to remain silent and to counsel 3. then he could invoke said right. if the question during cross-examination relates to a crime different from that which he was charged. violence. The right to testify in his own behalf subject to crossexamination by the prosecution USE IMMUNITY TRANSACTIONAL IMMUNITY Immunity to the witness from prosecution for an offense to which his compelled testimony relates The witness cannot be prosecuted at all Prohibits the use of the witness’ compelled testimony and its fruits in any manner in connection with the criminal prosecution of the witness The witness can still be prosecuted but his compelled testimony may not be used against him WHAT IS THE EFFECT OF THE REFUSAL OF THE ACCUSED TO REFUSE TO TESTIFY IN HIS BEHALF?  GENERAL RULE—the silence of the accused should not prejudice him  EXCEPTIONS—the following cases draw an unfavorable inference from the failure of the accused to testify: o If the prosecution has already established a prima facie case. X ACCUSED WAS ASKED TO BE A HOSTILE WITNESS. CAN THIS BE TAKEN AGAINST X?  Again. AGUINALDO ATENEO LAW 2010 . CAN THIS BE TAKEN AGAINST HIM?  It depends. intimidation. If he could still be charged for rendering false testimony. he may be cross-examined on matters covered in his direct examination. If he cannot anymore be charged for past criminality. HE REFUSED TO DO SO. The right not to have any prejudice whatsoever result to him by such refusal 3. he can still invoke the right and refuse to answer. he cannot invoke the right SUPPOSE X WAS A WITNESS ASKED ABOUT BEING CHARGED WITH PERJURY TWO YEARS AGO. he couldn't invoke the right anymore. or dismissal of the complaint. But if it is the case that he could still be charged with this past criminality. it depends. The right not to be subjected to any force. X cannot be prejudiced whatsoever as a result of his refusal to be a hostile witness. the accused must present proof to overturn the evidence of the prosecution o If the defense of the accused is an alibi and he doesn't testify. SUPPOSE X WAS A WITNESS ASKED ABOUT BEING A PAID WITNESS IN THE PAST. the case has already been terminated through his acquittal. WHAT ARE THE RIGHTS OF THE ACCUSED IN THE MATTER OF TESTIFYING OR PRODUCING EVIDENCE?  Before the case is filed in court but after he has been taken into custody or otherwise deprived of his liberty. The right to refuse to be a witness 2. ANGELA LEONOR C. The right have evidence obtained in violation of these rights rejected After the case is filed in court.

it can be waived either expressly or impliedly  It is waived impliedly when an accused waives his right to be present at trial  It is waived also by conducting amounting to a renunciation of the right to cross-examine  When the party was given an opportunity to confront and crossexamine an opposing witness but failed to take advantage of it for reasons attributable to the party alone. judge or officer of the province in which he is resides to the place of trial by the usual course of travel applies only to CIVIL CASES and not to criminal cases RIGHT TO SPEEDY. AGUINALDO ATENEO LAW 2010 . the testimony may be used as evidence  However. if the accused pleads not guilty. he is deemed to have waived his right WHAT HAPPENS TO THE TESTIMONY OF A WITNESS WHO DIES OR BECOMES UNAVAILABLE?  If the other party had the opportunity to cross-examine the witness before he died or became unavailable. arraignment and pre-trial should be held within 30 days from the time the court acquires jurisdiction over the accused WITHIN HOW MANY DAYS SHOULD THE TRIAL BE COMPLETED?  In no case shall the entire period exceed 180 days from the first day of trial. PUBLIC AND IMPARTIAL TRIAL HOW SHOULD THE TRIAL BE CONDUCTED?  The trial should be speedy. and who may be subject to cross-examination WHAT ARE THE REASONS FOR THE RIGHT?  The right to confrontation is afforded the accused to allow the court to observe the demeanor of the witness while testifying and to give the accused the opportunity to cross-examine the witness in order to test their recollection and credibility CAN THE RIGHT OF CONFRONTATION BE WAIVED?  Yes. the testimony will have no probative value. if necessary  Failure to obey a subpoena amounts to contempt of court MAY A WITNESS BE EXCUSED FROM APPEARING AT TRIAL FOR THE REASON THAT HIS RESIDENCE EXCEEDS 50 KILOMETERS FROM THE PLACE OF TRIAL?  The provision in the Rules of Court providing for this exemption of excusing a witness from appearance before a Court.  What suffices to be able to use the testimony of a witness as evidence is the opportunity to cross-examine and there need not be an actual cross-examination RIGHT TO COMPULSORY PROCESS BY: MA.CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 52 of 120   No. ANGELA LEONOR C. obtaining DNA samples from an accused in a criminal case or from the respondent in a paternity case will not violate the right against self-incrimination This privilege applies only to evidence that is commutative in essence taken under duress WHAT IS THE RIGHT TO COMPULSORY PROCESS?  It 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 evidence WHAT HAPPENS IF A WITNESS REFUSES TO TESTIFY WHEN REQUIRED?  The court should order the witness to give bail or even order his arrest. capricious and oppressive delays WHEN SHOULD THE ARRAIGNMENT AND PRE-TRIAL BE HELD?  According to the Speedy Trial Act of 1988. except as otherwise authorized by the Court Administrator WHAT FACTORS MAY BE CONSIDERED IN DETERMINING WHETHER THE ACCUSED HAS BEEN DEPRIVED OF HIS RIGHT TO SPEEDY RIGHT OF CONFRONTATION WHAT IS THE MEANING OF THE RIGHT OF CONFRONTATION?  It means that the accused can only be tried using those witnesses that meet him face to face at the trial who give testimony in his presence. public and impartial WHAT IS THE MEANING OF THE RIGHT TO SPEEDY TRIAL?  The right means that the trial should be conducted according to the law of criminal procedure and the rules and regulations and it should be free from vexatious. and Circular 38-98. if the other party did not have the opportunity to crossexamine before the subsequent death or unavailability of the witness.

WHAT IS THE MEANING OF THE RIGHT TO A PUBLIC TRIAL?  It means that anyone interested in observing the manner that a judge conducts the proceedings in his courtroom may do so WHY SHOULD A TRIAL BE CONDUCTED IN PUBLIC?  The trial should be public in order to prevent abuses that may be committed by the court to the prejudice of the defendant  Moreover the accused is entitled to the moral support of his friends and relatives IS THERE AN EXCEPTION TO THE REQUIREMENT OF PUBLICITY?  Yes. not simply that they might be by the barrage of publicity RIGHT TO APPEAL. except in the case of the minimum appellate jurisdiction of the SC granted by the Constitution. the right to appeal is a statutory right. Prejudice to the defendant WHAT ARE THE REMEDIES AVAILABLE TO THE ACCUSED WHOSE RIGHT TO SPEEDY TRIAL HAS BEEN VIOLATED? 1. he will be deemed to have waived his right to appeal from the judgment rendered against him ARTICLE 8. This has the same effect as an acquittal for purposes of double jeopardy. Reason for the delay 3. SANDIGANBAYAN) 1.CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 53 of 120 TRIAL AND SPEEDY DISPOSITION OF HIS CASE? (ACCORDING TO CORPUZ V. Motion to dismiss on the ground of violation of right to speedy trial—must be filed before trial. instruction. there must be allegations and proof that the judges have been unduly influenced. 3. order. File for mandamus to compel a dismissal of the information 3. BY: MA. Length of delay 2. there is no violation of the right to a public trial since the public isn’t excluded from attending the trial IN SO-CALLED TRIALS BY PUBLICITY. SECTION 5 (2)—MINIMUM APPELLATE JURIDICTION 1. law. Anyone who seeks to exercise the right to appeal must comply with the requirements of the rules. WHEN CAN THE PUBLICITY BE CONSIDERED PREJUDICIAL TO THE ACCUSED?  To warrant a finding of prejudicial publicity. If he is restrained of his liberty. All cases in which the constitutionality or validity of any treaty. The defendant’s assertion of his right 4. or any penalty imposed in relation thereto. where the purpose of some persons in attending is merely to ogle at the parties IS IT ALRIGHT TO HOLD THE TRIAL IN THE CHAMBERS OF THE JUDGE?  Yes. AGUINALDO ATENEO LAW 2010 . file for habeas corpus 4. IS THERE A VIOLATION TO THE RIGHT TO SPEEDY TRIAL?  No. 2. ANGELA LEONOR C. assessment. All cases involving the legality of any tax. presidential decree. or regulation is in question. or toll. such as when the evidence to be presented may be offensive to decency or public morals. WHEN ALLOWED IS THE RIGHT TO APPEAL A FUNDAMENTAL RIGHT?  No. or in rape cases. All cases in which the jurisdiction of any lower court is in issue. proclamation. impost. CAN THE RIGHT TO APPEAL BE WAIVED?  Yes it can be waived expressly or impliedly WHAT IS THE EFFECT OF THE FLIGHT OF THE ACCUSED ON HIS RIGHT TO APPEAL?  When the accused flees after the case has been submitted to the court for decision. 2. the court may bar the public in certain cases. ordinance. THE COURT POSTPONES THE HEARING TO ANOTHER DATE. Otherwise the right to appeal is lost. Ask for the trial of the case and move to dismiss WHAT IS THE LIMITATION ON THE RIGHT OF THE ACCUSED TO A SPEEDY TRIAL?  The limitation is that the State shouldn't be deprived of its day in court  The right of the State and the prosecution to due process should be respected THE PROSECUTION AND THE COMPLAINANT FAIL TO ATTEND THE FIRST HEARING. international or executive agreement. the right to speedy trial is violated when there are unjustified postponements of the trial and a long period of time is allowed to elapse without the case being tried for no unjustifiable reason NOTA BENE: Corollary to the right to speedy trial is the right to speedy disposition of cases.

ARRAIGNMENT AND PLEA Section 1. WHAT SHOULD THE COURT DO?  The court should withdraw the plea and enter a plea of not guilty WHEN SHOULD THE ARRAIGNMENT BE HELD?  The general rule is that the accused should be arraigned within 30 days from the date the court acquires jurisdiction over the person of the accused. the court may allow the accused to enter a plea of guilty to a lesser offense which is necessarily included in the offense charged with the conformity of the trial prosecutor alone. The accused shall be arraigned within ten (10) days from the date of the raffle. a plea of not guilty shall be entered for him. By the judge or clerk 3. Reading it in the language or dialect known to him 5. determination of civil liability. The prosecution may call at the trial witnesses other than those named in the complaint or information. In open court 2. xxx All criminal cases in which the penalty imposed is reclusion perpetua or higher. The pre-trial conference of his case shall be held within ten (10) days after arraignment. Asking him whether he pleads guilty or not guilty WHAT IS THE IMPORTANCE AND SIGNIFICANCE OF THE REQUIREMENT UNDER SECTION 1(A)?  It must be strictly complied with as it is intended to protect the constitutional right of the accused to be informed of the nature and cause of the accusation against him  The constitutional protection is part of due process  Failure to observe the rules necessarily nullifies the arraignment X IS CHARGED WITH HOMICIDE. (e) When the accused is under preventive detention. PURPOSE OF ARRAIGNMENT AND PLEA 1. how made. By furnishing the accused with a copy of the complaint or information 4. and asking him whether he pleads guilty or not guilty. RULE 116 .CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 54 of 120 4. The time of the pendency of a motion to quash or for a bill or particulars or other causes justifying suspension of the arraignment shall be excluded in computing the period. reading the same in the language or dialect known to him. his plea shall be deemed withdrawn and a plea of not guilty shall be entered for him. and other matters requiring his presence. BY: MA. In case of failure of the offended party to appear despite due notice. HE PLEADS GUILTY BUT PRESENTS EVIDENCE TO ESTABLISH SELF-DEFENSE. Arraignment and plea. – (a) The accused must be arraigned before the court where the complaint or information was filed or assigned for trial. Both arraignment and plea shall be made of record. (d) When the accused pleads guilty but presents exculpatory evidence. Double jeopardy to attach 2. All cases in which only an error or question of law is involved. (b) The accused must be present at the arraignment and must personally enter his plea. (c) When the accused refuses to plead or makes a conditional plea. the arraignment shall be held within thirty (30) days from the date the court acquires jurisdiction over the person of the accused. AGUINALDO ATENEO LAW 2010 . (g) Unless a shorter period is provided by special law or Supreme Court circular. but failure to do so shall not affect the validity of the proceedings. (f) The private offended party shall be required to appear at the arraignment for purposes of plea bargaining. Court can proceed trial in absentia in case accused absconds WHERE SHOULD THE ACCUSED BE ARRAIGNED?  The accused must be arraigned before the court where the complaint was filed or assigned for trial HOW IS ARRAIGNMENT MADE? Arraignment is made 1. ANGELA LEONOR C. The arraignment shall be made in open court by the judge or clerk by furnishing the accused with a copy of the complaint or information. his case shall be raffled and its records transmitted to the judge to whom the case was raffled within three (3) days from the filing of the information or complaint. 5.

AT THE TRIAL. as required by law: 1. However in the following cases. When the accused is under preventive detention. The accused shall be arraigned within 10 days from the date of raffle.  During arraignment. He is informed why the prosecuting arm of the State is mobilized against him. but formal PRESENCE OF OFFENDED PARTY 1. HE ENTERED A PLEA OF NOT GUILTY. in the absence of proof to the contrary  However.CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 55 of 120   The time of pendency of a motion to quash or a bill of particulars or other cause justifying suspension of the arraignment shall be excluded in computing the period. it can be presumed that a person accused of a crime was arraigned. CAN X INVOKE THE FAILURE OF THE COURT TO ARRAIGN HIM BEFORE TRIAL FOR QUESTIONING THE CONVICTION?  No. IT WAS ONLY AFTER THE CASE WAS SUBMITTED FOR DECISION THAT X WAS ARRAIGNED. the judge has no obligation to point out that an information is duplicitous or to point out any other defect in an information during arraignment  The obligation to move to quash a defective information belongs to the accused. Civil liability 3. Identification of accused WHAT IF PRIVATE OFFENDED PARTY FAILED TO ATTEND DESPITE DUE NOTICE?  The accused may be allowed by the court to plea guilty to a lesser offense which is necessarily included in the offense charged with the conformity of the prosecutor alone CAN THE LAWYER OF THE ACCUSED ENTER THE PLEA FOR HIM?  No. his case shall be raffled and its records transmitted to the judge to whom the case is raffled within 3 days from the filing of the information or complaint. the court cannot presume that there was an arraignment. DURING THE ARRAIGNMENT. AGUINALDO ATENEO LAW 2010 . the accused should be arraigned without delay and his trial should commence within 3 days from arraignment 2. 2. X WAS CONVICTED. the accused should be arranged within a shorter period. HE WAS LATER ALLOWED TO TESTIFY IN ORDER TO PROVE THE MITIGATING CIRCUMSTANCE OF INCOMPLETE SELF- N. it has to be sure that there was one IS THE ACCUSED ENTITLED TO KNOW IN ADVANCE THE NAMES OF ALL PROSECUTION WITNESSES?  Under the same amended rules on pre-trial. X’S COUNSEL PRESENTED WITNESSES AND CROSSEXAMINED THE PROSECUTION WITNESSES. Plea bargaining 2. he is made fully aware of possible loss of freedom or of life. the accused must enter the plea himself WHAT IS THE IMPORTANCE OF ARRAIGNMENT?  Arraignment is the means for bringing the accused into court and informing him of the nature and cause of the accusation against him. this would be up to the trial judge’s discretion X WAS CHARGED WITH HOMICIDE. Where the complainant is about to depart from the Philippines with no definite date of return. The trial of cases under the Child Abuse Act requires that the trial should be commenced within 3 days from arraignment 3. to inform him of the charge.B: 1. whose failure to do so constitutes a waiver of the right to object X WAS TRIED FOR MURDER WITHOUT HAVING BEEN ARRAIGNED. and to him an opportunity to plead. IS THE JUDGE DUTY-BOUND TO POINT OUT THAT AN INFORMATION IS DUPLICITOUS?  No. Rearraignment needed for substitution Substantial amendment needs rearraignment amendment doesn’t identity of the accused. the presumption of regularity is not applied when the penalty imposed is death  When the life of a person is at stake. the failure of the court to arraign X before trial was conducted didn’t prejudice the rights of X since he was able to present evidence and cross-examine the witnesses of the prosecution  The error was cured by the subsequent arraignment IS THE ACCUSED PRESUMED TO HAVE BEEN ARRAIGNED IN THE ABSENCE OF PROOF TO THE CONTRARY?  Yes  In view of the presumption of regularity in the performance of official duties. It is necessary in order to fix the BY: MA. ANGELA LEONOR C.

HE PRESENTED EVIDENCE TO PROVE THAT HE ACTED IN COMPLETE SELF DEFENSE. ANGELA LEONOR C. Require the prosecution to present evidence to prove the guilt and the precise degree of culpability of the accused for the purpose of imposing the proper penalty 3. the accused. WHAT SHOULD BE DONE IF THERE IS A PLEA TO A LESSER OFFENSE? WHEN CAN THE ACCUSED PLEAD GUILTY TO A LESSER OFFENSE?  During arraignment 1. Lesser offense must necessarily be included in the original offense charged   Offended party and prosecutor must consent to such plea If offended party is absent despite due notice. In order for double jeopardy to attach. Offended party and prosecutor must be present 2. 4. there must have been a valid plea to the first offense. 3. the accused may still be allowed to plead guilty to said lesser offense after withdrawing his plea of not guilty. After arraignment but before trial. THE COURT ACQUITTED HIM. the court may allow accused to plead to a lesser offense After arraignment and before trial 1. at the time of the acquittal.  Since there was no valid plea. there can be no double jeopardy CAN A PERSON WHO PLEADED GUILTY STILL BE ACQUITTED?  Yes. the presentation by X of evidence to prove selfdefense had the effect of vacating the plea of guilt  When the plea of guilt was vacated. Private offended party and prosecutor must give consent to the plea to lesser offense 3. Conduct a searching inquiry into the voluntariness and full comprehension of the consequences of the plea 2. no rational basis between testimony and guilt BY: MA. the trial prosecutor may then consent to the plea of guilty to a lesser offense. 2. X WAS AGAIN CHARGED WITH PHYSICAL INJURIES. Withdraw the plea of not guilty 2. there would be an improvident plea WHAT IS AN IMPROVIDENT PLEA?  Plea involuntarily made and without consent  It would be considered if there was failure to conduct searching inquiry. Ask the accused if he desires to present evidence in his behalf and allow him to do so if he desires  Mandatory for the court to conduct the searching inquiry otherwise. Plea of guilty to capital offense. there was actually no standing plea for X. WHAT SHOULD THE COURT DO WHEN THE ACCUSED PLEADS GUILTY TO A CAPITAL OFFENSE?  When the accused pleads guilty to a capital offense.  In this case. may be allowed by the trial court to plead guilty to a lesser offense which is necessarily included in the offense charged. the court shall conduct a searching inquiry into the voluntariness and full comprehension of the consequences of his plea and shall require the prosecution to prove his guilt and the precise degree of culpability. AGUINALDO ATENEO LAW 2010 . the court should 1. it doesn’t necessarily follow that he is convicted  Additional evidence independent of the guilty plea may be considered by the judge to ensure that the plea of guilt was intelligently made  The totality of evidence should determine whether the accused should be convicted or acquitted WHAT HAPPENS IF THE ACCUSED REFUSES TO ENTER ANY PLEA?  The court may validly enter a plea of guilty for the accused who refuses to plead Sec. reception of evidence. AT THE TRIAL. failure of prosecution to present evidence. with the consent of the offended party and prosecutor. – When the accused pleads guilty to a capital offense. If the recommendation is approved. The accused may present evidence in his behalf. If private offended party is absent despite due notice. 3. the prosecutor must first submit his recommendation to the City or Provincial or the Chief State Prosecutor for approval. CAN X BE PROSECUTED AGAIN FOR PHYSICAL INJURIES?  Yes. court may allow accused to plea to lesser offense 4. – At arraignment. No amendment of the complaint or information is necessary. the court should have ordered him to plead again. There was no double jeopardy. Sec. or at least should have directed that a new plea of not guilty be entered for him  Because the court didn’t do this. Plea of guilty to a lesser offense. when an accused pleads guilty. LATER. Enter plea for the lesser offense When the penalty imposable for the offense is at least 6 years and 1 day or a fine exceeding P12000. X INVOKED DOUBLE JEOPARDY.CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 56 of 120 DEFENSE.

 The reason behind this is that trial has already commenced and will put all of the past proceedings to waste. That he is truly guilty 3. Plea of guilty to non-capital offense. The judge must dispel any false notion that the accused may have that he will get off lightly because of his plea of guilty IS IT MANDATORY FOR THE PROSECUTION TO PRESENT PROOF OF AGGRAVATING CIRCUMSTANCES?  Yes. misrepresentation. Withdrawal of improvident plea of guilty. the plea may only be withdrawn with permission of the court.CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 57 of 120 DOES A PLEA OF GUILTY MEAN AN ADMISSION EVEN OF THE AGGRAVATING CIRCUMSTANCES?  Yes  A plea of guilty results in the admission of all the material facts in the complaint or information.  Moreover. reception of evidence. WHAT SHOULD THE COURT DO WHEN THE ACCUSED PLEADS GUILTY TO A NON-CAPITAL OFFENSE?  The court may receive evidence from the parties to determine the penalty to be imposed  Unlike in a plea of guilty to a capital offense. 5. discretionary.– At any time before the judgment of conviction becomes final. including the aggravating circumstances  It is tantamount to a judicial confession of guilt  Because of this. and unconditional plea of guilt WHEN CAN THE PLEA OF GUILTY BE CONSIDERED A MITIGATING CIRCUMSTANCE?  It is mitigating if made before the prosecution starts to present evidence WHAT IS THE MEANING OF THE DUTY OF THE JUDGE TO CONDUCT A SEARCHING INQUIRY?  In all cases. or bribes  When the consensual character of the plea is called into question or when it is shown that the defendant was not fully apprised of the consequences. the judge must convince himself 1. there is an improvident plea of guilty CAN A COURT VALIDLY CONVICT AN ACCUSED BASED ON AN IMPROVIDENT PLEA OF GUILTY?  Yes  If there is adequate evidence of the guilt of the accused independent of the improvident plea of guilty. the judge must inform the accused of the exact length of imprisonment and the certainty that he will serve it at the national penitentiary or a penal colony. the withdrawal of the plea of guilty is not a matter of strict right to the accused but is within the discretion of the court. the plea can be challenged Sec. it is mandatory in order to establish the precise degree of culpability and the imposable penalty  Otherwise. the court may receive evidence from the parties to determine the penalty to be imposed. ANGELA LEONOR C. a plea of guilty cannot be attacked if it is made voluntarily and intelligently  It can only be attacked if it was induced by threats. definite. CAN AN IMPROVIDENT PLEA OF GUILTY BE WITHDRAWN AS A MATTER OF RIGHT?  No. there is presumption that the plea was made voluntarily. BY: MA.B: there could only be a valid conviction with a valid plea Sec. NOTE: The tenor of above provision is clear. the court should only accept a clear. the court may permit an improvident plea of guilty to be withdrawn and be substituted by a plea of not guilty. 4. – When the accused pleads guilty to a non-capital offense. AGUINALDO ATENEO LAW 2010 . There should be a categorical declaration from the accused that he is withdrawing his plea of guilty and substituting it with a plea of not guilty. Therefore. the reception of evidence in this case is not mandatory  It is merely discretionary on the court WHEN CAN THE VALIDITY OF PLEA OF GUILTY BE ATTACKED?  Generally. That the accused is entering the plea of guilty voluntarily and intelligently 2. That there exists a rational basis for a finding of guilt based on his testimony  In addition. the court may still convict the accused  The conviction will be set aside only if the plea of guilt is the sole basis of the judgment N. The court must decide whether the consent of the accused was in fact vitiated when he entered his plea.

8. HE PLEADS GUILTY. In order to be valid. A plea of not guilty should be entered instead. Time for counsel de officio to prepare for arraignment. But in localities where such members of the bar are not available. to defend the accused. resident of the province and of good repute for probity and ability. – The court. MAY AN ACCUSED BE ALLOWED TO CHANGE HIS PLEA OF NOT GUILTY EVEN AFTER THE PROSECUTION HAD RESTED ITS CASE?  The trial court may allow the accused to plead guilty to a lesser offense Sec. can competently defend the accused  ONLY DURING TRIAL: But. the court must grant him a reasonable time to procure one WHAT IS THE REASON FOR THE FOUR-FOLD DUTY?  The right to be heard would be of little avail if it doesn’t include the right to be heard by counsel WHAT IS THE EFFECT OF THE FAILURE OF THE COURT TO COMPLY WITH THESE DUTIES?  It is a violation of due process Sec. 6.CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 58 of 120 X IS CHARGED WITH HOMICIDE. Unless the accused is allowed to defend himself in person or has employed counsel of his choice. Appointment of counsel de officio. he shall be given a reasonable time to consult with the accused as to his plea before proceeding with the arraignment. If the accused desires to procure an attorney of his own. X said hindi niya sinasadya. If he desires and is unable to employ an attorney. the court shall inform the accused of his right to counsel and ask him if he desires to have one. – Before arraignment. in localities where such members of the bar are not available. considering the gravity of the offense and the difficulty of the questions that may arise. by reason of his/her experience and ability. the court may appoint any person.  This is a task which only a lawyer can do. And such member. the plea of guilty must be unconditional. during trial. shall appoint as counsel de officio such members of the bar in good standing who. IS HIS PLEA VALID?  No. And of good repute for probity and with ability to defend the accused WHAT IS THE DIFFERENCE BETWEEN THE DUTY OF THE COURT TO APPOINT COUNSEL DE OFFICIO DURING ARRAIGNMENT AND DURING TRIAL?  During arraignment. ANGELA LEONOR C. the court may appoint any person who is— 1. Sec. it is the obligation of the court to ensure that the accused is represented by a lawyer because it is the first time when the accused is informed of the nature and cause of the accusation against him. It must inform the defendant that he has a right to an attorney before being arraigned 2. CAN A NON-LAWYER REPRESENT THE ACCUSED DURING ARRAIGNMENT?  No. A resident of the province 2. by reason of their experience and ability. BY: MA. WHAT IS THE FOUR-FOLD DUTY OF THE COURT? 1. AGUINALDO ATENEO LAW 2010 . considering the gravity of the offense and the difficulty of the questions that may arise shall appoint as counsel de officio 1. A member of the bar in good standing 2. the court must assign a counsel de officio to defend him. 7. Duty of court to inform accused of his right to counsel. The court will not act unless the accused invokes his rights. WHAT IS A COUNSEL DE OFFICIO?  A counsel de officio is the counsel appointed by the court to represent and defend the accused in case he cannot afford to employ one himself WHO CAN BE APPOINTED COUNSEL DE OFFICIO?  The court. the court must assign an attorney de officio to defend him 4. it is the accused who must assert his right to counsel.  In this case. the court has the affirmative duty to inform the accused of his right to counsel and to provide him with one in case he cannot afford it  The court must act on its own volition unless the right is waived by the accused  On the other hand. – Whenever a counsel de office is appointed by the court to defend the accused at the arraignment. can competently defend the accused. After informing him. BUT TELLS THE JUDGE HINDI NIYA SINASADYA. during the arraignment. the court must ask the defendant if he desires to have the aid of an attorney 3. This is not a valid plea of guilty.

the court. – Upon motion of the accused showing good cause and with notice to the parties. one can defend himself or by a non-lawyer. Sec. suppression. liberty and property Sec. letters. WHAT ARE THE CONSEQUENCES IF REPRESENTED BY A NONLAWYER? 1. MONSOD?  No. 11.B: In MTCs. the arraignment shall be suspended in the following cases: (a) The accused appears to be suffering from an unsound mental condition which effectively renders him unable to fully understand the charge against him and to plead intelligently thereto. police. He is bound by the rules 2. AGUINALDO ATENEO LAW 2010 . the right is deemed waived WHAT SHOULD BE CONTAINED IN THE MOTION FOR A BILL OF PARTICULARS? Sec. or tangible things not otherwise privileged. object. Production or inspection of material evidence in possession of prosecution. before arraignment.  It should specify the alleged defects of information and the details desired the complaint or MAY AN ACCUSED BE VALIDLY REPRESENTED BY A NON-LAWYER AT THE TRIAL?  If the accused knowingly engaged the service of the non-lawyer. if necessary. which constitute or contain evidence material to any matter involved in the case and which are in the possession or under the control of the prosecution. He can even defend himself personally. the right is deemed waived. copy. The accused must ask for a lawyer. BY: MA. IS THIS CONSIDERED A PRACTICE OF LAW UNDER THE DOCTRINE IN CAYETANO V. or else. books. Bill of particulars. there is no such duty. accounts. – Upon motion by the proper party. or other law investigating agencies. 9. the court shall order his mental examination and. 10. papers. – The accused may. ANGELA LEONOR C. this is an exercise of a constitutional right. in order to prevent surprise. Suspension of arraignment. his confinement for such purpose. WHAT IS A BILL OF PARTICULARS?  It is a more specific allegation  A defendant in a criminal case who believes that he is not sufficiently informed of the crime with which he is charged and is not in a position to defend himself properly and adequately could move for a bill of particulars or specifications WHAT IS THE PURPOSE OF A BILL OF PARTICULARS?  It is to allow the accused to prepare for his defense WHEN CAN AN ACCUSED MOVE FOR A BILL OF PARTICULARS?  The accused must move for a bill of particulars before arraignment  Otherwise. may order the prosecution to produce and permit the inspection and copying or photographing of any written statement given by the complainant and other witnesses in any investigation of the offense conducted by the prosecution or other investigating officers. the judgment is void because of the misrepresentation N. He cannot raise right to counsel SUPPOSE X DEFENDS HIMSELF. as well as any designated documents. The motion shall specify the alleged defects of the complaint or information and the details desired.CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 59 of 120  But during trial. WHAT IS THE RIGHT TO MODES OF DISCOVERY?  It is the right of the accused to move for the production or inspection of material evidence in the possession of the prosecution  It authorizes the defense to inspect. or photograph any evidence of the prosecution in its possession after obtaining permission of the court WHAT IS THE PURPOSE OF THIS RIGHT?  The purpose is to prevent surprise to the accused and the suppression or alteration of evidence IS THIS RIGHT AVAILABLE DURING PRELIMINARY INVESTIGATION?  Yes  When indispensable to protect his constitutional right to life. move for a bill of particulars to enable him properly to plead and prepare for trial. he is bound by the non-lawyer’s actions  But if he didn’t know that he was represented by a non-laywer. photographs. or alteration. In such case.

WHEN CAN THE ACCUSED FILE A MOTION TO QUASH?  At any time before entering the plea. the accused may move to quash the complaint or information AN INFORMATION WAS FILED AGAINST X.CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 60 of 120  (b) There exists a prejudicial question. and (c) A petition for review of the resolution of the prosecutor is pending at either the Department of Justice. if true. Grounds. (c) That the court trying the case has no jurisdiction over the person of the accused. his confinement for such purpose. (f) That more than one offense is charged except when a single punishment for various offenses is prescribed by law. the accused may move to quash the complaint or information. or the Office of the President. 3. that the period of suspension shall not exceed sixty (60) days counted from the filing of the petition with the reviewing office. Form and contents. – At any time before entering his plea. (g) That the criminal action or liability has been extinguished. signed by the accused or his counsel and shall distinctly specify its factual and legal grounds. There exists a prejudicial question. that the period of suspension shall not exceed sixty (60) days counted from the filing of the petition with the reviewing office. (b) That the court trying the case has no jurisdiction over the offense charged. WHAT ARE THE GROUNDS FOR SUSPENDING ARRAIGNMENT? 1. Time to move to quash. ANGELA LEONOR C. if necessary. X FILED A MOTION TO QUASH AS THE FACTS IN THE INFORMATION DIDN’T CONSTITUTE AN OFFENSE. except lack of jurisdiction over the offense charged. – The accused may move to quash the complaint or information on any of the following grounds: (a) That the facts charged do not constitute an offense. provided. and (i) That the accused has been previously convicted or acquitted of the offense charged. (e) That it does not conform substantially to the prescribed form. provided. 2. In such case. THIS WAS FILED TOGETHER WITH AN APPLICATION FOR BAIL. IS THIS VALID? Yes. – The motion to quash shall be in writing. AGUINALDO ATENEO LAW 2010 . would constitute a legal excuse or justification. or the case against him was dismissed or otherwise terminated without his express consent. It must specify its factual and legal grounds Sec. A petition for review of the resolution of the prosecutor is pending at either the Department of Justice. It must be in writing 2. and 3. Sec. WHAT ARE THE GROUNDS THAT THE ACCUSED MAY INVOKE TO QUASH A COMPLAINT OR INFORMATION? BY: MA. in spite of his insanity  Not every aberration of the mind or exhibition of mental deficiency is sufficient to justify suspension RULE 117 . (h) That it contains averments which. (d) That the officer who filed the information had no authority to do so. the court shall order his mental examination and.MOTION TO QUASH Section 1. 2. or the Office of the President. The accused appears to be suffering from an unsound mental condition which effectively renders him unable to fully understand the charge against him and to plead intelligently thereto. WHAT IS THE TEST TO DETERMINE WHETHER THE INSANITY OF THE ACCUSED SHOULD WARRANT THE SUSPENSION OF PROCEEDINGS?  The test is whether the accused will have a fair trial with the assistance of counsel. It must be signed by the accused or his counsel 3. WHAT IS THE FORM REQUIRED FOR A MOTION TO QUASH? 1. There is no inconsistency that exists between an application of an accused for bail and his filing of a motion to quash. The court shall consider no ground other than those stated in the motion.

which are not in the information should not be considered The exceptions to the rule are when the grounds invoked to quash the information are extinction of criminal liability. 7. since the defendant assumes that the facts in the information are true. additional facts are allowed. there is waiver. If this is the ground for dismissing the case.  The exception is the lack of jurisdiction over the offense charged.CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 61 of 120 1. it need not be alleged in the motion to quash since it goes into the very competence of the court to pass upon the case. ANGELA LEONOR C. express consent. or even amendment. and the accused is deemed to have submitted himself to the jurisdiction of the court. X FILED A MOTION TO QUASH AN INFORMATION ON THE GROUND THAT HE WAS IN THE US WHEN THE CRIME CHARGED WAS COMMITTED. or the case against him has been dismissed or otherwise terminated without the consent of the accused  matters of defenses. and in this examination. 3. based on the decisions of the SC on Section 20 of Rule 14 of the 1997 Rules of Civil Procedure. acquiescence. would constitute a legal excuse or justification That the accused has been previously convicted or acquitted of the offense charged. That the facts charged don’t constitute an offense That the court trying the case doesn’t have jurisdiction over the offense That the court trying the case doesn’t have jurisdiction over the accused That the officer who filed the information didn’t have authority to do so That it doesn’t conform substantially to the form subscribed That more than one offense is charged except when a single punishment for various offenses is prescribed by law That criminal liability or action has been extinguished That it contains averments which. CAN THE COURT DISMISS THE CASE BASED ON GROUNDS THAT ARE NOT ALLEGED IN THE MOTION TO QUASH?  The general rule is no. the inclusion of other grounds aside from lack of jurisdiction over the person of the defendant in a motion to dismiss shall not be considered as a voluntary appearance. 2. confers jurisdiction over the person of the accused and the subject matter of the accusation  Thus. such as BY: MA. 8. only these facts should be taken into account and the court resolves the motion to quash. an infirmity in the information such as the lack of authority of the officer signing it cannot be cured by silence. SHOULD THE MOTION BE GRANTED?  The motion should be denied  The accused is already making a defense  Matters of defense are generally not a ground for a motion to quash they should be presented at the trial WHAT IS MEANT BY THE STATEMENT THAT A MOTION TO QUASH HYPOTHETICALLY ADMITS ALLEGATIONS OF FACT IN THE INFORMATION?  It means that the accused argues that assuming that the facts charged are true. 6. the court cannot consider any ground other than those stated in the motion to quash. denial of due process is not one of the grounds for a motion to quash WHAT IS THE TEST TO DETERMINE THE VALIDITY OF A MOTION TO QUASH ON THE GROUND THAT THE FACTS AVERRED IN THE INFORMATION DON’T AMOUNT TO AN OFFENSE?  The test is whether the facts alleged would establish the essential elements of the crime as defined by law.  The new rule. 9.  Therefore. AGUINALDO ATENEO LAW 2010 . If other grounds are included. Other facts. prescription. which. WHAT IS THE EFFECT OF AN INFORMATION THAT WAS SIGNED BY AN UNAUTHORIZED PERSON?  A valid information must be signed by a competent officer. CAN THE ACCUSED MOVE TO QUASH ON THE GROUND THAT HE IS DENIED DUE PROCESS?  No. among other requisites. and former jeopardy. the information should still be dismissed based on the ground invoked by the defendant. the answer would have been no since the SC ruled in several cases then that the motion to quash on the ground of lack of jurisdiction over the person of the accused must be based only on this ground. matters aliunde are not considered X FILED A MOTION TO QUASH ON THE FOLLOWING GROUNDS: THAT THE COURT LACKED JURISDICTION OVER THE PERSON OF THE ACCUSED AND THAT THE COMPLAINT CHARGED MORE THAN ONE OFFENSE. if true. CAN THE COURT GRANT THE MOTION ON THE GROUND OF LACK OF JURISDICTION?  In the past. 4. 5. In these cases.

involving peace and order. AGUINALDO ATENEO LAW 2010 . Absolute pardon 5. there is no waiver. Lack of jurisdiction over the offense 3. WHILE THE CASE IS BEING TRIED. WHAT HAPPENS IF THE DEFENDANT ENTERS HIS PLEA BEFORE FILING A MOTION TO QUASH?  By entering his plea before filing the motion to quash.CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 62 of 120   It is an invalid information and cannot be the basis of criminal proceedings. Therefore. the death of the offended party before final conviction of the defendant will not abate the prosecution. ANGELA LEONOR C. allowances which the culprit may earn while he is serving his sentence WHAT ARE THE DISTINCTIONS BETWEEN PARDON AND AMNESTY? AMNESTY PARDON As to type of offense Public crimes Infractions of the peace or private crimes Grantee Classes of persons An individual As to the need of Necessary Not necessary Congress’ concurrence Act of grantee The grantee need not Distinct acts of accept acceptance by the grantee is needed As to judicial notice Courts take judicial Courts don’t take notice because it is a judicial notice because public act it is a private act of the president. Prescription of the crime 6. the fact of being granted pardon must be proved in court. Failure to charge an offense 2. the defendant waives the formal objectives to the complaint or information  But if the ground for the motion is any of the following below. criminal liability is extinguished by 1. A motion to quash would prosper  Neither does the death of the offended party in private crimes abate the prosecution. The death of the convict 2. Double jeopardy  Note: if it is a formal objection. Marriage by the offended woman as provided in Article 344 of the RPC X AND Y WERE CHARGED WITH ADULTERY. Prescription of the penalty 7. The following grounds may be raised at any stage of the proceeding: 1.  The criminal liability of Y subsists  The death of one of several accused will not be a cause for dismissal of the criminal action as against the other accused WHAT IS THE EFFECT OF THE DEATH OF THE OFFENDED PARTY ON THE CRIMINAL LIABILITY OF THE ACCUSED?  Where the offense charged in a criminal complaint or information is one against the state. pardon by the offended party doesn’t extinguish criminal liability  Only civil liability is extinguished by express waiver of the offended party—THERE IS NO EXTINCTION OF CRIMINAL LIABILITY SINCE IN CRIMES. WHAT HAPPENS TO THE CRIMINAL LIABILITY OF Y?  The criminal liability of X is extinguished. it is deemed waived upon plea HOW IS CRIMINAL LIABILITY EXTINGUISHED?  Under Article 89 of the RPC. THERE ARE TWO OFFENDED PARTIES BY: MA. WHAT ARE THE MEANS BY WHICH CRIMINAL LIABILITY IS PARTIALLY EXTINGUISHED?  Criminal liability is partially extinguished by any of the following o Conditional pardon o Commutation of sentence o For good conduct. Extinction of criminal liability 4. Service of sentence 3. As to effect Abolishes the offense Relieves the offender from the consequences of the offense When it may be Before or after Only after conviction granted conviction by final judgment WHAT IS THE EFFECT OF PARDON BY THE OFFENDED PARTY UPON CRIMINAL LIABILITY?  As a general rule. Amnesty 4. X DIED.

seduction. 20 years reclusion perpetua. or their agents CAN THE ACCUSED STILL RAISE PRESCRIPTION AS A DEFENSE EVEN AFTER CONVICTION?  The accused can still raise prescription as a defense even after conviction  The defense cannot be waived  This is because the criminal action is totally extinguished by the expiration of the prescriptive period  The state thereby loses or waives the right to prosecute and punish it WHAT IS THE PROPER ACTION OF THE COURT WHEN THE ACCUSED RAISES THE DEFENSE OF PRESCRIPTION?  The proper action for the court is to exercise its jurisdiction and to decide the case upon the merits. WHEN DOES THE PERIOD FOR PRESCRIPTION COMMENCE?  The period of prescription with respect to criminal offenses or run from the day on which the crime is discovered by the offended parties. marriage of the offended party with one defendant extinguishes the latter’s liability and that of his accessories or accomplices for a single crime of rape cannot extend to the other acts of rape IF THE OFFENDED IN RAPE IS THE LEGAL HUSBAND OF THE OFFENDED PARTY. and accessories  However. they will lose the right to prosecute  It is also meant to secure the best evidence that can be obtained WHAT ARE THE PRESCRIPTIVE PERIODS OF CRIMES? OFFENSE PRESCRIPTIVE PERIOD Those punishable by death. there are two offended parties. abduction. WHAT IS THE EFFECT OF MARRIAGE OF THE OFFENDED WITH THE OFFENDED PARTY IN PRIVATE CRIMES?  It shall extinguish the criminal action or remit the penalty already imposed—this implies to co-principals. the authorities. where multiple rape is committed. ANGELA LEONOR C. The pardon given by the offended party would relate only to the civil liability and not the criminal aspect.CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 63 of 120  However. concubinage. and acts of lasciviousness shall extinguish criminal liability Oral defamation or slander by deed Light offenses 1 year 6 months WHY IS THERE NO EXTINCTION OF CRIMINAL LIABILITY?  Remember that in a criminal case. otherwise. AGUINALDO ATENEO LAW 2010 . reclusion temporal Those punishable by other afflictive penalties Those punishable by arresto mayor Libel or other similar offenses 10 years FOR CRIMINAL OFFENSES. HOW CAN THE HUSBAND’S CRIMINAL LIABLITY BE EXTINGUISHED?  The subsequent forgiveness by the wife shall extinguish the criminal action or the penalty  But the penalty shall not be abated if the marriage is void ab initio WHY IS PRESCRIPTION A GROUND FOR A MOTION TO QUASH?  This is meant to exhort the prosecution not to delay. unless the extinction proceeds from a declaration in a final judgment that the fact from which the civil liability might arise didn’t exist WHEN IS IT POSSIBLE FOR THE PRIVATE OFFENDED PARTY BE NOT ABLE TO RECOVER FROM CIVIL LIABILITY?  When the civil action has prescribed  Quasi-delicts: 4 years  Obligation from law: 10 years 5 years 2 years BY: MA. holding the action to have prescribed and absolving the defendant  The court should not inhibit itself because it doesn’t lose jurisdiction over the subject matter or the person of the accused by prescription WHAT IS THE EFFECT OF PRESCRIPTION OF THE OFFENSE ON THE CIVIL LIABILITY OF ACCUSED?  The extinction of the criminal action doesn’t carry with it the extinction of the civil action to enforce civil liability arising from the offense charged. pardon granted before the institution of the criminal proceedings in cases of adultery. accomplices.

the accused. the accused. If no order is made or if having been made. he can appeal from the judgment of conviction. ANGELA LEONOR C. – When an accused has been convicted or acquitted. the court shall order that an amendment be made. 6. Proceed to trial without prejudice to present the special defenses he invoked in his motion 3. – If the motion to quash is sustained. or for any offense which necessarily includes or is necessarily included in the offense charged in the former complaint or information. Accused should plead 2. the complaint or information still suffers from the same defect. the accused. shall not be discharged unless admitted to bail. – If the motion to quash is based on an alleged defect of the complaint or information which can be cured by amendment. – An order sustaining the motion to quash is not a bar to another prosecution for the same offense unless the motion was based on the grounds specified in section 3 (g) and (i) of this Rule. the court should grant or sustain the motion to quash Sec. the accused. or for any attempt to commit the same or frustration thereof. upon a valid complaint or information or other formal charge sufficient in form and substance to sustain a conviction and after the accused had pleaded to the charge. the court may order that another complaint or information be filed except as provided in section 6 of this rule. shall be discharged unless he is also in custody of another charge. and interpose the denial of the motion as an error Sec. WHAT SHOULD THE COURT DO IF THE ACCUSED MOVES TO QUASH THE COMPLAINT OR INFORMATION ON GROUNDS THAT CAN BE CURED BY AMENDMENT?  The court should order that the amendment be made WHAT SHOULD THE COURT DO IF THE ACCUSED MOVES TO QUASH ON THE GROUND THAT THE FACTS CHARGED DON’T CONSTITUTE AN OFFENSE?  The court should give the prosecution the opportunity to correct the defect by amendment  If the prosecution fails to make the amendment. Sec.CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 64 of 120 Sec. 5. BY: MA. If the order is made. if in custody. or if.  The grant of motion to quash on these 2 grounds is a bar to another prosecution for the same offense. or if no new information was filed within the time specified by the court. 4. The motion shall be granted if the prosecution fails to make the amendment. after it makes the amendment. If no order is made. If it is based on the ground that the facts charged do not constitute an offense. Amendment of complaint or information. AGUINALDO ATENEO LAW 2010 . double jeopardy. the conviction or acquittal of the accused or the dismissal of the case shall be a bar to another prosecution for the offense charged. WHAT IS THE EFFECT IF A MOTION TO QUASH IS SUSTAINED?  The court may order that another complaint or information be filed against the accused for the same offense except if the ground forn sustaining the motion to quash is either the extinguishment of the criminal liability or double jeopardy. Effect of sustaining the motion to quash. Former conviction or acquittal. If after trial on the merits an adverse decision is rendered. shall be discharged IF THE MOTION TO QUASH IS DENIED. the prosecution shall be given by the court an opportunity to correct the defect by amendment. no new information is filed within the time specified in the order or within such further time as the court may allow for good cause. if in custody. Order sustaining the motion to quash not a bar to another prosecution. if in custody. CAN THE ACCUSED APPEAL THE ORDER?  The accused cannot appeal an order overruling his motion to quash because an order denying a motion to quash is interlocutory  It doesn’t dispose of the case upon its merits WHAT DOES INTERLOCUTORY MEAN?  Case has not been dispensed with WHAT IS THE REMEDY OF THE ACCUSED IF THE COURT DENIED HIS MOTION TO QUASH? 1. If the order is made. shall not be discharged unless admitted to bail. 7. exception. or the complaint or information still suffers from the same defect despite the amendment. or the case against him dismissed or otherwise terminated without his express consent by a court of competent jurisdiction.

Where there has been an unreasonable delay in the proceedings. WHEN THE PROSECUTION REALIZED THAT THE COMPLAINT SHOULD HAVE BEEN FILED IN MAKATI. Arraignment 4. WHEN IS A COMPLAINT OR INFORMATION VALID?  A complaint or information is valid if it can support a judgment of conviction  If the complaint or information is not valid. The first jeopardy must have been validly terminated 3. 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 complaint or information under any of the following instances: (a) the graver offense developed due to supervening facts arising from the same act or omission constituting the former charge. the accused was in no danger of being placed in jeopardy  The first jeopardy didn’t validly attach FOR PURPOSES OF DOUBLE JEOPARDY. he shall be credited with the same in the event of conviction for the graver offense. That no person shall be put twice in jeopardy for the same offense 2.CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 65 of 120 However. CAN THE ACCUSED INVOKE DOUBLE JEOPARDY?  No. and double jeopardy may attach even if the dismissal of the case was with the consent of the accused— 1. convicted. In any of the foregoing cases. THE CASE WAS FILED IN PASAY. AGUINALDO ATENEO LAW 2010 . The defendant is acquitted. If an act is punished by a law and an ordinance. therefore. Plea 5. If there is insufficiency of evidence to support the charge against him. or in any other manner without the consent of the accused. WHAT IS JEOPARDY AND WHAT IS THE RULE ON DOUBLE JEOPARDY?  Jeopardy is the peril in which a person is placed when he is regularly charged with a crime before a tribunal properly organized and competent to try him  The rule on double jeopardy means that when a person is charged with an offense and the case is terminate either by conviction or acquittal. the conviction is null and void and hence there is no first jeopardy BY: MA. the latter cannot again be charged with the same or identical offense WHAT ARE THE 2 KINDS OF JEOPARDY? 1.B: The judgment should not only be final and executory but also be promulgated before there could be a valid jeopardy. conviction or acquittal under either shall constitute a bar to another prosecution for the same act WHAT ARE THE REQUISITES FOR THE ACCUSED TO RAISE THE DEFENSE OF DOUBLE JEOPARDY? 1. or (c) the plea of guilty to the lesser offense was made without the consent of the prosecutor and of the offended party except as provided in section 1(f) of Rule 116. There is a valid complaint or information 2. the court in Pasay has no jurisdiction. Court of competent jurisdiction 3. where the accused satisfies or serves in whole or in part the judgment. and 2. IS THERE AN EXCEPTION TO THE FOREGOING RULE?  There are two exceptions to the foregoing rule. 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 to commit the offense or a frustration thereof WHAT ARE THE REQUISITES FOR THE FIRST JEOPARDY TO ATTACH? 1. (b) the facts constituting the graver charge became known or were discovered only after a plea was entered in the former complaint or information. ANGELA LEONOR C. A first jeopardy must have validly attached prior to the second 2. IT FILED THE CASE IN MAKATI. in violation of the accused’s right to speedy trial A CRIME WAS COMMITTED IN MAKATI. it would violate the right of the accused of the nature and cause of the accusation against him  If he is convicted under this complaint or information. or the case was dismissed or terminated without his express consent N.

CAN X INVOKE DOUBLE JEOPARDY?  No. THE PROSECUTION FILED A CORRECTED INFORMATION. WHAT SHOULD THE JUDGE DO?  The judge should order the substitution of the complaint for theft with a new one charging estafa  Upon filing of the substituted complaint. ANOTHER CASE FOR ASSAULT UPON A PERSON IN AUTHORITY WAS FILED AGAINST HIM. SUBSEQUENTLY. THE COURT DISMISSED THE CASE ON THE GROUND OF VIOLATION OF THE RIGHT OF THE ACCUSED TO SPEEDY TRIAL. which is not a valid termination of the first jeopardy In order to validly terminate the jeopardy. the dismissal must have been unconditional X WAS CHARGED WITH SLIGHT PHYSICAL INJURIES. such as this one. the court shall dismiss the original complaint or information upon the filing of a new one charging the proper offense WHAT ARE THE REQUISITES FOR A VALID SUBSTITUTION OF A COMPLAINT OR INFORMATION? 1. The accused cannot be convicted of the offense charged or any other offense necessarily included in the offense charged 3. X can still be prosecuted for estafa without placing him in double jeopardy THE ESTAFA CASE AGAINST C WAS DISMISSED BUT THE DISMISSAL CONTAINED A RESERVATION OF THE RIGHT TO FILE ANOTHER ACTION. CAN ANOTHER ESTAFA CASE BE FILED AGAINST X WITHOUT PLACING HIM IN DOUBLE JEOPARDY?  Yes  To raise the defense of double jeopardy.CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 66 of 120 X WAS CHARGED WITH QUALIFIED THEFT. the basis is the crime charged in the complaint or information. THE CASE WAS DISMISSED DURING TRIAL. Since estafa is not an offense which is included or necessarily includes theft. THE COURT DISMISSED THE CASE PROVISIONALLY. and the one proved at the trial  In this case. the first jeopardy must have been validly terminated\  This means that there must have been either a conviction or acquittal. No judgment has been rendered 2. ON HIS MOTION. THE PROSECUTION FAILED TO APPEAR. X WAS LATER CHARGED WITH MURDER. the first jeopardy wasn’t terminated through either conviction. CAN X PLEAD DOUBLE JEOPARDY?  No. THE EVIDENCE SHOWED THAT THE OFFENSE COMMITTED WAS ACTUALLY ESTAFA. or dismissal without the express consent of X  The first case was dismissed upon the motion of X himself  Therefore. ANGELA LEONOR C. X WAS CHARGED WITH THEFT. AGUINALDO ATENEO LAW 2010 . CAN X INVOKE DOUBLE JEOPARDY?  No. CAN X INVOKE JEOPARDY?  No. THE CASE WAS DISMISSED. so it wasn’t dismissed without the express consent   Moreover. he cannot invoke double jeopardy X WAS CHARGED WITH THEFT. the case was dismissed upon motion of counsel for the accused. THE PROSECUTION WAS ABLE TO PROVE ESTAFA. the first jeopardy was not validly terminated  The judge who has not dismissed the case on the ground of violation of the right of X to speedy trial committed grave abuse of discretion in dismissing the case after the prosecution failed to appear once  This is not a valid dismissal because it deprives the prosecution of due process BY: MA. the dismissal was only provisional. CAN X BE PROSECUTED FOR ESTAFA LATER WITHOUT PLACING HIM IN DOUBLE JEOPARDY?  Yes  For jeopardy to attach. X MOVED TO DISMISS ON THE GROUND OF INSUFFICIENCY OF INFORMATION. COUNSEL FOR ACCUSED MOVED TO DISMISS THE CASE. If it appears at any time before judgment that a mistake has been made in charging the proper offense. The accused will not be placed in double jeopardy X WAS CHARGED WITH HOMICIDE. the judge should dismiss the original complaint. SUBSEQUENTLY X WAS CHARGED WITH THEFT AGAIN. DURING THE TRIAL. X WAS ACQUITTED OF THEFT. THE PROSECUTOR AND THE WITNESSES FAILED TO APPEAR. the first jeopardy didn’t attach because the first information was not valid X WAS CHARGED WITH THEFT. or an unconditional dismissal of the case  A provisional dismissal. doesn’t validly terminate the first jeopardy NOTE: in the second kind of jeopardy. ON THE FIRST DAY OF TRIAL. DURING TRIAL. the first jeopardy can validly only be terminated either by conviction or acquittal and not by the dismissal of the case without the express consent of the accused. acquittal. ON THE DAY OF THE TRIUAL. the crime charged in the first information was theft. X was therefore placed in jeopardy of being convicted of theft.

upon the merits. either upon the subject matter or the territory. the dismissal is not valid Therefore. the prevailing doctrine is that the accused can still be prosecuted for the same offense if he moves to dismiss on the grounds of lack of jurisdiction.CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 67 of 120   When the judge gravely abuses the discretion in dismissing a case. EVEN WITH EXPRESS CONSENT OF THE ACCUSED. Espidol doctrine WHY IS THERE A REQUIREMENT FOR IT TO BE CAPRICIOUS AND UNREASONABLE?  There are some delays of the prosecution which are not capricious and unreasonable  It may be caused by some other valid reasons—prejudicial question. or insufficiency of complaint or information because he is deemed to have waived his right against a second jeopardy. it must have the effect of acquittal  As a general rule. or that the complaint or information is not valid or sufficient. EQUIVALENT TO AN ACQUITTAL. or upon any ground that doesn’t decide the merits of the issue as to whether the accused is or isn’t guilty of the offense charged WHEN IS A DISMISSAL OF THE CASE. dismissal is when the case is terminated otherwise upon the merits thereof. Where the dismissal is based on a demurrer to evidence filed by the accused after the prosecution has rested. The accused is acquitted because the evidence doesn’t show his guilt beyond reasonable doubt. It is always on the merits. Where there has been an unreasonable delay in the proceedings. which is in effect a failure to prosecute WHAT IS MEANT BY NOLLE PROSEQUI? IS IT THE SAME AS AN ACQUITTAL?  It is the discontinuance of a criminal procedure by the prosecuting officer. etc. MAY HE STILL BE PROSECUTED FOR THE SAME OFFENSE?  While there have been conflicting rulings of the SC. which has the effect of a judgment on the merits and operates as an acquittal 2.  On the other hand. WHEN A CASE IS DISMISSED UPON MOTION OF THE ACCUSED. Where there is insufficiency of evidence given by the prosecution to support the charge against him 2. in violation of the accused’s right to speedy trial  Consequently. or that he is estopped from maintaining that the court had no jurisdiction or that the complaint wasn’t sufficient WHEN WILL DISMISSAL OR TERMINATION OF THE FIRST CASE NOT BAR A SECOND JEOPARDY? 1. ANGELA LEONOR C. new evidence or witnesses. because of the denial of his right to a speedy trial. with the consent of the owner  A nolle prosequi or dismissal entered before the accused is placed on trial and before he is called on to plead is not equivalent to an acquittal and doesn’t bar a subsequent prosecution for the same offense  It is not a final disposition of the case  Rather it partakes of the nature of a non-suit or discontinuance in a civil suit and leaves the matter in the same condition in which it was before the commencement of the prosecution MAY THE COURT DISMISS THE CASE ON MOTION NOLLE PROSEQUI?  The trial court may dismiss a case on a motion nolle prosequi if the accused is not brought to trial within the prescribed time and is deprived of his right to speedy trial or disposition of the case on account of unreasonable or capricious delay caused by the prosecution  People v. or an attempt to have one. WHICH WOULD CONSTITUTE A BAR TO A SECOND JEOPARDY?  For a dismissal to be a bar under double jeopardy. such a dismissal even with the express consent of the accused may constitute a bar to double jeopardy in the following cases 1. the dismissal amounts to an acquittal and would bar a second jeopardy in the cases below 1. dismissal upon motion of the accused or his counsel negates the application of double jeopardy because the motion of the accused amounts to an express consent  However. as when the dismissal is based on the allegation that the court has no jurisdiction. AGUINALDO ATENEO LAW 2010 . also on motion of the accused. The dismissal must be sought by the defendant personally or through his counsel BY: MA. X cannot invoke double jeopardy DISTINGUISH ACQUITTAL AND DISMISSAL  Acquittal is a discharge after a trial. Where the dismissal is made.

the dismissal is not appealable because it will place the accused in double jeopardy BY: MA. Such dismissal must not be on the merits and must not necessarily amount to an acquittal BEFORE THE PROSECUTION COULD FINISH PRESENTING EVIDENCE. CAN X INVOKE DOUBLE JEOPARDY?  Yes. CLAIMING THAT THE COURT. the dismissal wasn’t at the request of the accused. THE COURT GRANTED THE MOTION AND DISMISSED THE CASE ON THE GROUND OF INSUFFICIENCY OF EVIDENCE OF THE PROSECUTION. THE JUDGE DISMISSED THE CASE. THE PROSECUTOR WITHDREW THE INFORMATION WITHOUT NOTICE TO X. CAN X INVOKE DOUBLE JEOPARDY LATER ON?  No. X cannot invoke double jeopardy X WAS CHARGED WITH MURDER. There was no double jeopardy because the court has exceeded its jurisdiction in dismissing the case even before the prosecution could finish presenting evidence  It denied the prosecution of its right to due process. THE ACCUSED FILED A DEMURRER TO EVIDENCE. BEFORE X COULD BE ARRAIGNED. IN FACT. IS HE DEEMED TO HAVE CONSENTED TO THE DISMISSAL? CAN HE STILL INVOKE DOUBLE JEOPARDY?  No. the first jeopardy didn’t attach. when the trial court has jurisdiction but mistakenly dismisses the complaint or information on the ground of lack of it.  There is no double jeopardy where there is yet no arraignment  A nolle prosequi or dismissal entered before the accused is placed on trial and before he pleads is not equivalent to an acquittal and doesn’t bar a subsequent prosecution for the same offense IF THE ACCUSED FAILS TO OBJECT TO THE MOTION TO DISMISS THE CASE FILED BY THE PROSECUTION. X is deemed to have expressly consented to the dismissal of the case when his counsel wrote “no objection” at the bottom of the motion to dismiss  Since the case was dismissed with his express consent. The withdrawal or dismissal of the case before arraignment is not a bar to the filing of a new information for the same offense. will bar a double jeopardy is if it is based either on insufficiency of evidence or denial of the right to speedy trial  These are not grounds invoked by X so he cannot claim double jeopardy X WAS CHARGED WITH HOMICIDE. CAN X INVOKE DOUBLE JEOPARDY?  No. AGUINALDO ATENEO LAW 2010 . there was no arraignment yet under the first information  Therefore. since he had himself earlier alleged that the court had no jurisdiction X WAS CHARGED WITH HOMICIDE. silence doesn’t mean consent to the dismissal  If the accused fails to object or acquiesces to the dismissal of the case.  He is deemed to have waived his right against double jeopardy if he expressly consents to the dismissal X WAS CHARGED WITH MURDER. THE PROSECUTION FILED ANOTHER CASE IN THE SAME COURT. ANGELA LEONOR C. THE PROSECUTION MOVED TO DISMISS THE CASE. THE PROSECUTION APPEALED. he can still invoke double jeopardy. IN FACT HAD JURISDICTION. the dismissal is null and void and cannot constitute a proper basis for a claim of double jeopardy THE PROSECUTOR FILED AN INFORMATION AGAINST X FOR HOMICIDE. even with the express consent of the accused. CAN X INVOKE DOUBLE JEOPARDY?  No. he is deemed to have waived his right against double jeopardy  The only time when a dismissal. THE PROSECUTION APPEALED? CAN X INVOKE DOUBLE JEOPARDY?  No. X MOVED TO DISMISS ON THE GROUND THAT THE COURT HAD NO JURISDICTION. MOTU PROPIO DISMISSED THE CASE. BELIEVING IT HAD NO JURISDICTION. since the dismissal was still without his express consent. THE PROSECUTOR THEN FILED AN INFORMATION AGAINST X FOR MURDER. COUNSEL FOR X WROTE THE WORDS “NO OBJECTION” AT THE BOTTOM OF THE MOTION TO DISMISS AND SIGNED IT.CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 68 of 120 2. X cannot invoke double jeopardy  The dismissal was upon his own motion so it was with his express consent  Since the dismissal was with his express consent. X FILED A MOTION TO DISMISS ON THE GROUND THAT THE PROSECUTION FAILED TO PROVE THAT THE CRIME WAS COMMITTED WITHIN THE TERRITORIAL JURISDICTION OF THE COURT. THE COURT DISMISSED THE CASE. HAD JURISDICTION OVER THE CASE. CAN THE ACCUSED BE PROSECUTED FOR THE SAME OFFENSE AGAIN?  Yes. BELIEVED IT HAD NO JURISDICTION. THE COURT. AFTER THE PROSECUTION PRESENTED ITS EVIDENCE. X is estopped from claiming that he was in danger of being convicted during the first case. SINCE THE COURT. Because of this.

Even if the same transaction is involved. CAN HE STILL BE PROSECUTED FOR THEFT?  No. under the second type of jeopardy. the same act may violate two or more provisions of criminal law and the prosecution under one will not bar the prosecution under another  Where 2 different laws defines 2 crimes. BEFORE TRIAL. ANOTHER CASE FOR RAPE WAS FILED AGAINST X. THERE WAS NOTHING TO INDICATE THAT THE VICTIM WAS GOING TO DIE. prior jeopardy as to one of them is no obstacle to a prosecution of the other. THE HEIRS OF THE VICTIM APPEALED THE CIVIL ASPECT OF THE JUDGMENT. THE COURT DISMISSED THE CASE. AGUINALDO ATENEO LAW 2010 . when an act is punished by law and an ordinance.  If the death of the victim can be traced to the acts of X. and the victim didn’t contribute to his death with his negligence.CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 69 of 120 X WAS CHARGED WITH RAPE. X MOVED TO DISMISS ON THE GROUND THAT THE COMPLAINT WAS INSUFFICIENT BECAUSE IT DID NOT ALLEGE LEWD DESIGNS. although both offenses arise from the same facts. CAN X INVOKE DOUBLE JEOPARDY?  No. LATER. constitutes a new and distinct offense. CAN X BE CHARGED WITH HOMICIDE?  It depends. X WAS CHARGED WITH FRUSTRATED HOMICIDE. he cannot be charged with homicide X WAS CHARGED WITH RECKLESS IMPRUDENCE RESULTING TO HOMICIDE AND WAS ACQUITTED. conviction or acquittal under one will bar a prosecution under the other  The constitutional protection against double jeopardy is available as long as the acts which constitute or have given rise to the first offense under a municipal ordinance are the same acts which constitute or have given rise to the offense charged under the statute WHAT ARE THE EXCEPTIONS TO DOUBLE JEOPARDY? WHEN CAN THE ACCUSED BE CHARGED WITH A SECOND OFFENSE WHICH NECESSARILY INCLUDES THE OFFENSE CHARGED IN THE FORMER COMPLAINT OR INFORMATION?  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 complaint or information under any of the following circumstances: o The graver offense developed due to supervening facts arising from the same act or omission constituting the former charge o The facts constituting the graver charge became known or were discovered only after a plea was entered in the former complaint or information o The plea of guilty to a lesser offense was made without the consent of the prosecutor or offended party except if the offended party fails to appear at arraignment WHAT IS THE DOCTRINE OF SUPERVENING EVENT?  Where after the first prosecution a new fact supervenes for which the defendant is responsible. ANGELA LEONOR C. together with the facts existing at the time. THE VICTIM DIED. an order discharging an accused as state witness amounts to an acquittal. X is estopped from claiming that he could have been convicted under the first complaint  He himself moved for the dismissal on the ground that the complaint was insufficient  He cannot change his position and now claim that he was in danger of being convicted under the complaint X WAS CHARGED WITH MURDER. X WAS ARRAIGNED. ALONG WITH THREE OTHER PEOPLE. if each crime involves some important act which is not an essential element of the other X INSTALLED A JUMPER CABLE WHICH ALLOWED HIM TO REDUCE HIS ELECTRICITY BILL. X WAS DISCHARGED AS A STATE WITNESS. CAN X BE PROSECUTED AGAIN FOR THE SAME OFFENSE?  It depends  As a general rule. he can be prosecuted again CAN A PERSON ACCUSED OF ESTAFA BE CHARGED WITH VIOLATION OF BP22 WITHOUT PLACING HIM IN DOUBLE JEOPARDY?  Yes. which changes the character of the offense and. and he is barred from being prosecuted again for the same offense  However. X CLAIMS THAT BY: MA. the accused cannot be said to be in second jeopardy if indicted for the second offense. HE WAS PROSECUTED AND SUBSEQUENTLY CONVICTED FOR A MUNICIPAL ORDINANCE AGAINST UNAUTHORIZED INSTALLATION OF A DEVICE. if he fails or refuses to testify against his co-accused in accordance with his sworn statement constituting the basis for the discharge. X can be charged with homicide  This is a supervening fact  But if the act of X wasn’t the proximate cause of death.

it must pertain solely on the civil liability. A JUDGMENT OF ACQUITTAL IN CRIMINAL PROCEEDINGS IS FINAL AND UNAPPEALABLE WHETHER IT HAPPENS AT THE TRIAL COURT LEVEL OR BEFORE THE COURT OF APPEALS WHEN CAN THE PROSECUTION APPEAL DESPITE THE DISMISSAL OR TERMINATION OF THE CASE?  As a general rule. their provisional dismissal shall become permanent two (2) years after issuance of the order without the case having been revived. the prosecution may appeal the order of dismissal in the following instances: 1. The victim or offended party in the criminal case is the State while in its civil aspect. 2. What was elevated on appeal was the civil aspect of the case.  The extinction of criminal liability whether by a prescription or by the bar of double jeopardy doesn’t carry with it the extinction of civil liability arising from the offense charged X IN A CRIMINAL CASE WAS SENTENCED AND REQUIRED TO PAY CIVIL LIABILITY. If the dismissal of the first case was made upon motion or with the express consent of the defendant. X WAS CHARGED WITH MURDER AND WAS ACQUITTED. an attempt or frustration thereof.  A judgment of acquittal in criminal proceedings is final and unappealable whether it happens at the trial court level or before the Court of Appeals  Even if the decision of acquittal was erroneous. CAN THE OFFENDED PARTY APPEAL THE CIVIL LIABILITY?  Yes. the prosecution cannot still appeal the decision as it would put the accused in double jeopardy. CAN THE PROSECUTION APPEAL THE ACQUITTAL?  No. ANGELA LEONOR C. or one which necessarily includes or is included in the previous offense. he waives his right against double jeopardy  The case is thrown wide open for review and a penalty higher than that of the original conviction could be imposed upon him WHAT SHOULD THE ACCUSED DO IF THE COURT DENIES THE MOTION TO QUASH ON THE GROUND OF DOUBLE JEOPARDY?  He should plea not guilty and reiterate his defense of former jeopardy  In case of conviction. the prosecution cannot appeal the acquittal. And the question to be passed upon by the appellate court is purely legal so that should the dismissal be found incorrect. 3.CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 70 of 120 THE APPEAL WILL PLACE HIM IN DOUBLE JEOPARDY. there was no second jeopardy. since it would place the accused in double jeopardy. Sec. jeopardy doesn’t attach. With respect to offenses punishable by imprisonment of more than six (6) years. WHAT IS THE TIME-BAR RULE? DISMISSAL BECOME FINAL? WHEN DOES A PROVISIONAL BY: MA. shall become permanent one (1) year after issuance of the order without the case having been revived. Jeopardy only attaches in criminal proceedings. IS X CORRECT?  No. AGUINALDO ATENEO LAW 2010 . Provisional dismissal.  An appeal with regard the criminal aspect would violate the accused’s right against double jeopardy. 8. he should appeal from the judgment on the ground of double jeopardy CAN AN ACCUSED RAISE THE DEFENSE OF DOUBLE JEOPARDY IN CONTEMPT PROCEEDINGS?  No. the case would have to be remanded to the court of origin for further proceedings to determine the guilt or innocence of the accused WHAT IS THE EFFECT OF THE APPEAL OF THE ACCUSED?  If the accused appeals.  However.  The reason why the offended party can appeal the civil aspect is that double jeopardy only attaches to the criminal aspect and not the civil aspect. if there would be appeal for a criminal case. not the criminal aspect. Remember the requisites for jeopardy. – A case shall not be provisionally dismissed except with the express consent of the accused and with notice to the offended party. the dismissal or termination of the case after arraignment and plea of the defendant to a valid information shall be a bar to another prosecution for the same offense. the private offended party. unless the grounds are insufficiency of evidence or denial of the right to speedy trial If the dismissal is not an acquittal or based upon consideration of the evidence or of the merits of the case. or both. The provisional dismissal of offenses punishable by imprisonment not exceeding six (6) years or a fine of any amount.

9.CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 71 of 120    The provisional dismissal of offenses punishable by imprisonment exceeding 6 years or a fine of any amount shall become permanent after one year without the case having been revived For offenses punishable by imprisonment of more than 6 years. the charge has been upgraded WHEN CAN A CASE BE PROVISIONALLY DISMISSED?  A case can only be dismissed provisionally if the accused expressly consents. Municipal Trial Court in Cities. after arraignment and within thirty (30) days from the date the court acquires jurisdiction over the person of the accused. ANGELA LEONOR C. After the provisional dismissal becomes final. Municipal Trial Court and Municipal Circuit Trial Court. (d) waiver of objections to admissibility of evidence. Pre-trial. A new preliminary investigation is also required if aside from the original accused. (g). such consent given in writing or viva voce. Re-filing the information or filing of a new information for the same offense necessarily included therein without need of a new preliminary investigation unless the original witnesses of the prosecution or some of them may have recanted their testimonies or may no longer be available and new witnesses for the State have emerged Sec. The offended party is notified of the motion for a provisional dismissal of the case 3. LACSON? 1.  It must be positive. unless a shorter period is provided for in special laws or circulars of the Supreme Court. shall be deemed a waiver of any objections except those based on the grounds provided for in paragraphs (a). Failure to move to quash or to allege any ground therefore. 4. and (f) such matters as will promote a fair and expeditious trial of the criminal and civil aspects of the case.PRE-TRIAL Section 1. unequivocal consent requiring no inference or implication to supply its meaning  The mere inaction or silence of the accused to a provisional dismissal of the case or his failure to object to a provisional dismissal doesn’t amount to express consent. (b). the accused cannot be prosecuted anymore 2. with the express conformity of the accused or the latter’s counsel moves for a provisional dismissal of the case. order a pre-trial conference to consider the following: (a) plea bargaining. even after one year or two years depending on the offense’s nature HOW CAN A CASE BE REVIVED? 1. other persons are charged under a new criminal complaint for the same offense or necessarily included therein Under a new criminal complaint. The public prosecutor is served with a copy of the order of provisional dismissal of the case WHAT DOES IT MEAN WHEN THE TIME BAR RULE WILL NOT APPLY?  Provisional dismissal will not become permanent. 3. (b) stipulation of facts. WHAT ARE THE CONDITIONS FOR SECTION 8 TO APPLY? WHAT ARE THE REQUISITES LAID DOWN BY PEOPLE V. either because he did not file a motion to quash or failed to allege the same in said motion. or both the prosecution or accused move for a provisional dismissal of the case 2. the criminal liability of the accused is upgraded from that of an accessory to that of a principal Under a new criminal complaint. Metropolitan Trial Court. The court issues an order granting the motion and dismissing the case provisionally 4. and (i) of section 3 of this Rule. – The failure of the accused to assert any ground of a motion to quash before he pleads to the complaint or information. – In all criminal cases cognizable by the Sandiganbayan. the provisional dismissal shall become permanent after 2 years without the case having been revived. The prosecution. mandatory in criminal cases. (e) modification of the order of trial if the accused admits the charge but interposes a lawful defense. AGUINALDO ATENEO LAW 2010 . WHAT IS THE PURPOSE OF A PRE-TRIAL?  The purpose is to expedite proceedings BY: MA. RULE 118 . Regional Trial Court. the court shall. (c) marking for identification of evidence of the parties. direct.

After the pre-trial conference. 3. The clerk of court plays a vital role in the speedy disposition of cases. It is officiated by the clerk of court. the pre-trial.B In case the accused gives a lawful defense. Lawyers often times are stumbling blocks in the speedy disposition of cases. This is done to make the presentation of evidence mandatory for the parties to the case. He shall serve as mediator between the parties with regard plea bargaining 4. Warning that evidence not offered during preliminary conference shall be inadmissible except if because of good cause and under the discretion of the court WHO SHOULD PRESIDE IN A PRELIMINARY CONFERENCE?  Clerk of court will preside the preliminary conference WHAT SHOULD THE CLERK OF COURT DO IN PRESIDING OVER THE PRELIMINARY CONFERENCE? 1. He shall oversee the introduction and marking of documentary evidence 6. WHEN IS PRE-TRIAL REQUIRED?  Pre-trial is mandatory in all criminal cases cognizable by the Sandiganbayan. for purposes of plea bargaining and determination of civil liability. Often times. there would be no pre-trial anymore but the trial would commence and the judge would issue the decision for the disposition of the case. Remember that plea bargaining isn’t allowed in cases involving violations of the Dangerous Drugs Act. In furtherance of this. 7. etc. the judge is sanctioned to allow the number of witnesses to be presented. In the pre-trial and preliminary conference. MTC and MCTC WHEN SHOULD IT BE CONDUCTED?  After arraignment. See the Revised Rules on Pre-trial issued during August 2004. AGUINALDO ATENEO LAW 2010 . Arraignment shall be done within 10 days after the raffle. 2. he will indicate that there would be a modification of the order of trial A preliminary conference precedes a pre-trial. The preliminary conference is to minimize the things to be discussed during the pre-trial conference that would be conducted by the judge. The presence of the accused and more importantly the offended party. Remember that any evidence not presented or marked during the pre-trial conference shall not be admitted during the trial. 9. He shall serve as the mediator or arbitrator between the accused and offended party for the two parties to reach a settlement as to the civil liability of the accused 3. – All agreements or admissions made or entered during the pre-trial conference shall be reduced in writing and signed by the accused and counsel. otherwise. 5. they cannot be used against the accused. Additional evidence shall only be allowed if there is good cause and for furtherance of justice Evidence is genuine and duly executed—in relation to notarial law when the lawyer admits to the genuineness and due execution of the documentary evidence presented. limit the trial days. He shall see that the evidence is genuine and duly executed 7. 8. Pre-trial agreement. The clerk of court is given a vital role in the speedy disposition of cases 2. Referring the matter for preliminary conference to the clerk of court. there is narrowing of conflict between the parties. The case shall be raffled within 3 days. He shall oversee the conference if there will be any waiver to objections over admissibility of evidence N. 3. a pre-trial order shall be issued. 1. WHEN WILL THE JUDGE PRESIDE?  During the pre-trial Sec. 6. 2. The pre-trial conference is conducted for the expeditious disposition of the case. (Comment: TRANSFORMERS!) There is now an amendment in the new rules providing for the parties to talk with each other absent their lawyers. 4. ANGELA LEONOR C. This will serve as the bible for the rest of the proceedings. 2.CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 72 of 120 8. and within 30 days from the date the court acquires jurisdiction over the person of the accused  An exception to the rule is when the accused is under preventive detention. He shall serve as mediator in the stipulation of facts between the accused and offended party 5. Ten days thereafter. What happens in the conference is more than what meets the eye. WHAT SHOULD THE ORDER FOR PRE-TRIAL CONFERENCE CONTAIN? 1. The agreements covering the BY: MA. RTC.

No. Pre-trial order. Non-appearance at pre-trial conference. the following guidelines are issued for the observance and guidance of trial judges and clerks of court: I. In writing 2. PRE-TRIAL B. To abbreviate court proceedings. Sec. unless modified by the court to prevent manifest injustice.M. 2. 4. and issue an order: (a) requiring the private offended party to appear thereat for purposes of plea-bargaining except for violations of the Comprehensive Dangerous Drugs Act of 2002. – If the counsel for the accused or the prosecutor does not appear at the pre-trial conference and does not offer an acceptable excuse for his lack of cooperation. the court shall forthwith set the pre-trial conference within thirty days from the date of arraignment. and for other matters requiring his presence. ensure prompt disposition of cases and decongest court dockets. The pre-trial of his case shall be held within ten days after arraignment unless a shorter period is provided for by law. if warranted. the judge shall refer the parties BY: MA. and to further implement the pre-trial guidelines laid down in Administrative Circular No. AGUINALDO ATENEO LAW 2010 . A copy of the order is hereto attached as Annex "E". The accused shall be arraigned within ten days from the date of the raffle. 1999 and except as otherwise specifically provided for in other special rules. and control the course f the action during the trial. In mediatable cases. Modification of the order of trial if the accused admits the charge but interposes a lawful defense 6. 03-1-09-SC RE: PROPOSED RULE ON GUIDELINES TO BE OBSERVED BY TRIAL COURT JUDGES AND CLERKS OF COURT IN THE CONDUCT OF PRETRIAL AND USE OF DEPOSITION-DISCOVERY MEASURES RESOLUTION The use of pre-trial and the deposition-discovery measures are undeniably important and vital components of case management in trial courts. WHAT HAPPENS DURING PRE-TRIAL?  The following things are considered 1. the court shall issue an order reciting the actions taken.CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 73 of 120 matters referred to in section 1 of this Rule shall be approved by the court. Stipulation of facts 3. and (c) informing the parties that no evidence shall be allowed to be presented and offered during the trial other than those identified and marked during the pre-trial except when allowed by the court for good cause shown. Waiver of objections to admissibility of evidence 5. Plea bargaining 2. the Court shall issue an order directing the public prosecutor to submit the record of the preliminary investigation to the Branch COC for the latter to attach the same to the record of the criminal case. limit the trial to matters not disposed of. and evidence marked. – After the pre-trial conference. After the arraignment. for a preliminary conference to be set at least three days prior to the pre-trial to mark the documents or exhibits to be presented by the parties and copies thereof to be attached to the records after comparison and to consider other matters as may aid in its prompt disposition. Before arraignment. the court may impose proper sanctions or penalties. Criminal Cases 1. 3-99 dated January 15. the facts stipulated. his case shall be raffled and its records transmitted to the judge to whom the case was raffled within three days from the filing of the complaint or information. (b) referring the case to the Branch COC. Where the accused is under preventive detention. ANGELA LEONOR C. Marking for identification of evidence of the parties 4. A. Other matters that will promote a fair and expeditious trial of the criminal and civil aspects of the case WHAT IS THE FORM REQUIRED FOR THE PRE-TRIAL AGREEMENT?  Any agreement or admission entered into during the pre-trial conference should be 1. Signed by counsel  A pre-trial agreement that doesn’t follow this form cannot be used against the accused Sec. Signed by the accused 3. 3. Such order shall bind the parties.

2. court's territorial jurisdiction relative to the offense/s charged. 3. 4. disclosure of defenses of alibi. otherwise. The trial judge shall issue a Pre-trial Order within ten (10) days after the termination of the pre-trial setting forth the actions taken during the pre-trial conference. 6. Where the prosecution and the offended party agree to the plea offered by the accused. except for violations of the Comprehensive Dangerous Drugs Act of 2002. Before the pre-trial conference the judge must study the allegations of the information. Scrutinize every allegation of the information and the statements in the affidavits and other documents which form part of the record of the preliminary investigation and other documents identified and marked as exhibits in determining farther admissions of facts. amount of damages. c. the court shall: a. (Section 2. the cause of death or injury. the Branch COC shall assist the parties in reaching a settlement of the civil aspect of the case.CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 74 of 120 and their counsel to the PMC unit for purposes of mediation if available. 10. Define factual and legal issues. Consider modification of order of trial if the accused admits the charge but interposes a lawful defense. 7. ascertain from the parties the undisputed facts and admissions on the genuineness and due execution of documents marked as exhibits and consider such other matters as may aid in the prompt disposition of the case. 5. Issue an order which contains the plea bargaining arrived at. AGUINALDO ATENEO LAW 2010 . 3. b. the identity of the accused. the trial judge shall consider pleabargaining arrangements. documents and in particular as to the following: 1. the number of witnesses to be BY: MA. and 9. 8. When plea bargaining fails. the statements in the affidavits of witnesses and other documentary evidence which form part of the record of the preliminary investigation. insanity. mark the documents to be presented as exhibits and copies thereof attached to the records after comparison. in proper cases. the transcripts prepared and the minutes signed by the parties and/or their counsels. Ask parties to agree on the specific trial dates and adhere to the flow chart determined by the court which shall contain the time frames for the different stages of the proceeding up to promulgation of decision and use the time frame for each stage in setting the trial dates. genuineness and due execution of documents. b. confirm markings of exhibits or substituted photocopies and admissions on the genuineness and due execution of documents and list object and testimonial evidence. e. During the pre-trial. qualification of expert witness/es. ANGELA LEONOR C. (Please see Annex "B") The Minutes of Preliminary Conference and the exhibits shall be attached by the Branch COC to the case record before the pre-trial. 5. Rule 118) 9. All proceedings during the pre-trial shall be recorded. All agreements or admissions made or entered during the pretrial conference shall be reduced in writing and signed by the accused and counsel. exercise of public authority and justifying or exempting circumstances. such other matters that would limit the facts in issue. During the pre-trial. Render and promulgate judgment of conviction. including the civil liability or damages duly established by the evidence. Require the parties to submit to the Branch COC the names. During the preliminary conference. the Court shall: a. The agreements covering the matters referred to in Section 1 of Rule 118 shall be approved by the court. 6. and c. addresses and contact numbers of witnesses that need to be summoned by subpoena. they cannot be used against the accused. self-defense. evidence marked. 7. adoption of any evidence presented during the preliminary investigation. 4. Adopt the minutes of preliminary conference as part of the pretrial proceedings. 8. Proceed to receive evidence on the civil aspect of the case. d. the admissions made. and f. the facts stipulated. The proceedings during the preliminary conference shall be recorded in the Minutes of Preliminary Conference to be signed by both parties and counsel. the judge shall be the one to ask questions on issues raised therein and all questions must be directed to him to avoid hostilities between parties.

If the preliminary investigation is not mandatory. Court's territorial jurisdiction relative to the offense/s charged. and 3. Such other matters that would limit the facts in issue. 4. Issue an order which contains the plea bargaining arrived at. Qualification of expert witness/es. Disclosure of defenses of alibi. addresses and contact numbers of witnesses that need to be summoned by subpoena. and Consider modification of order of trial if the accused admits the charge but interposes a lawful defense. 4. Require the parties to submit to the Branch COC the names. documents and in particular as to the following: a. The identity of the accused. and i. Define factual and legal issues. including the civil liability or damages duly established by the evidence. File an affidavit-complaint with the prosecutor The prosecutor will determine the nature of the offense. REVIEW OF WHAT WE HAVE SO FAR… 1. Adoption of any evidence presented during the preliminary investigation. WHAT HAPPENS IF THERE WAS NO PLEA BARGAINING AGREEMENT? WHAT WOULD THE COURT DO? 1. 2. AGUINALDO ATENEO LAW 2010 . It shortens the time between charge and disposition and enhances whatever may be the rehabilitative prospects of the guilty when they are ultimately imprisoned WHEN IS PLEA BARGAINING NOT ALLOWED?  It is not allowed under the Dangerous Drugs Act where the imposable penalty is reclusion perpetua to death. unless modified by the court to prevent manifest injustice WHAT IS PLEA BARGAINING?  It is the disposition of criminal charges by agreement between the prosecution and the accused  The accused and the prosecutor in a criminal case work out a mutually satisfactory disposition of the case subject to court approval  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 is encouraged because it leads to prompt and final disposition of most criminal cases.CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 75 of 120 presented and the schedule of trial. require the respondent to file a counter-affidavit There will be a need to determine if an information will be filed If more than 6 years penalty. f. d. require the counter-affidavit of the accused and then do the preliminary investigation BY: MA. The cause of death or injury. WHAT IF THERE IS A PLEA BARGAINING ARRIVED AT? 1. 5. Proceed to receive evidence on the civil aspect of the case. Amount of damages. ANGELA LEONOR C. Ask parties to agree on the specific trial dates and adhere to the flow chart determined by the court which shall contain the time frames for the different stages of the proceeding up to promulgation of decision and use the time frame for each stage in setting the trial dates. b. g. 6. limits the trial to matters not disposed of. limit the trial to matters not disposed of and control the course the action during the trial. Render and promulgate judgment of conviction. insanity. c. exercise of public authority and justifying or exempting circumstances. Why? To determine if there must be a preliminary investigation or not. self-defense. 5. photocopies and admissions on the genuineness and due execution of documents and list object and testimonial evidence. Genuineness and due execution of documents. in proper cases. 3. Said Order shall bind the parties. and controls the course of action during the trial. 3. WHAT IS A PRE-TRIAL ORDER?  It is an order issued by the court after the pre-trial conference containing: o A recital of the actions taken o The facts stipulated o The evidence marked  The pre-trial order binds the parties. e. confirm markings of exhibits or substituted 2. Adopt the minutes of preliminary conference as part of the pretrial proceedings. 2. h. Scrutinize every allegation of the information and the statements in the affidavits and other documents which form part of the record of the preliminary investigation and other documents identified and marked as exhibits in determining farther admissions of facts.

It doesn’t necessarily imply the presentation of oral or documentary evidence in open court but that the parties are afforded an opportunity to be heard. If the court has multiple branches. 11. During the preliminary investigation. 3. A case or matter shall be deemed submitted for decision or resolution upon the filing of the last pleading. In no case shall the entire trial period exceed one hundred eighty (180) days from the first day of trial. – Trial once commenced shall continue from day to day as far as practicable until terminated. after consultation with the prosecutor and defense counsel. Arraignment—within 10 days after the preliminary investigation or when the accused is detained. Despite the expiration of the applicable mandatory period. and three months for all other lower courts. A hearing doesn’t necessarily mean presentation of evidence.CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 76 of 120 6. Continuous trial until terminated. without further delay. 4. detention. 14. 10. order the arrest. 7. except if authorized by the SC ARTICLE 8. It may be postponed for a reasonable period of time for good cause. 2. Section 1. IS THE CONCEPT OF TRIAL THE SAME AS HEARING?  According to jurisprudence. secure the affidavits of witnesses. The accused can post bail. ANGELA LEONOR C. shall decide or resolve the case or matter submitted thereto for determination. 2. AGUINALDO ATENEO LAW 2010 . It embraces the period for the introduction of evidence by both parties  Hearing. 9. or memorandum required by the Rules of Court or by the court itself. order the dismissal of the case. set the case for continuous trail on a weekly or other short-term trial calendar at the earliest possible time so as to ensure speedy trial. The certification shall state why a decision or resolution has not been rendered or issued within said period. Otherwise. – After a plea of not guilty is entered. 12. except as otherwise authorized by the Supreme Court. they are not the same concepts  The words hearing and trial have different meaning and connotations  Trial may refer to the reception of evidence and other processes. without prejudice to such responsibility as may have been incurred in consequence thereof. The court shall. the accused shall have at least 15 days to prepare for trial The trial shall commence within 30 days from receipt of the pretrial order HOW LONG SHOULD THE TRIAL LAST?  The entire trial period should not exceed 180 days from the first day of trial. the court. including the pre-trial stage. twelve months for all lower collegiate courts. the accused shall have at least fifteen (15) days to prepare for trial. The accused is brought to custody. 8. within 10 days when the case was raffled Pre-trial after 10 days from arraignment Preliminary conference Pre-trial RULE 119 . probable cause. Sec. File with the clerk of court the information. The trial shall commence within thirty (30) days from receipt of the pre-trial order. and served upon the parties. Upon the expiration of the corresponding period. if denied. 15. is not confined to trial but embraces the several stages of litigation. a certification to this effect signed by the Chief Justice or the presiding judge shall forthwith be issued and a copy thereof attached to the record of the case or matter. postponements. SECTION 15 OF THE CONSTITUTION 1.TRIAL   After he enters his plea of not guilty. as known in law. 13. the case will be raffled Assign to the judge who would then issue an order for the transmittal of the records of the preliminary investigation Determine probable cause for the issuance of warrant of arrest or commitment order If there is no probable cause. and. HOW MUCH TIME DOES THE ACCUSED HAVE TO PREPARE FOR TRIAL? BY: MA. brief. unless reduced by the Supreme Court. All cases or matters filed after the effectivity of this Constitution must be decided or resolved within twenty-four months from date of submission for the Supreme Court. etc. Time to prepare for trial.

WHAT PROCEDURE IS USED TO AVAIL HIS RIGHT TO SPEEDY TRIAL?  Continuous trial system—a tool for the early and expeditious disposition of a case WHAT IS THE CONTINUOUS TRIAL SYSTEM?  Trial once commenced shall continue from day to day as far as practicable until terminated. 5. Efficiently allocate and use time and court resources to avoid court delays IS THE TIME LIMIT ABSOLUTE?  No IN WHICH CASES IS THE TIME LIMITATION NOT APPLICABLE? 1. 4. WHY IS HABEAS CORPUS CONSIDERED AN EXCEPTION TO THE EXCEPTION?  Because it is a prerogative writ and therefore must be decided upon immediately by the court  The habeas corpus proceeding must take precedence over all other cases because it involves the liberty of the person WITHIN HOW MANY HOURS SHOULD A JUDGE RESOLVE A HABEAS CORPUS PROCEEDING?  Within 48 hours or 2 days WHAT ARE THE DUTIES OF THE PUBLIC ATTORNEY IF THE ACCUSED ASSIGNED TO HIM IS IMPRISONED? 1. set the case for continuous trail on a weekly or other short-term trial calendar at the earliest possible time so as to ensure speedy trial. the public attorney shall promptly seek to obtain the presence of the prisoner for trial BY: MA. except as otherwise authorized by the Supreme Court. If at anytime thereafter. the latter shall cause notice to that effect to be sent promptly to the public attorney 3. Maintain full control of the proceedings 3.  In no case shall the entire trial period exceed one hundred eighty (180) days from the first day of trial. the prisoner informs the custodian that he demands such trial. Upon receipt of that notice. He shall promptly undertake to obtain the presence of the prisoner for trial. requiring such person to advise the prisoner of his right to demand trial 2. CRIMINAL CASES COVERED BY THE RULES ON SUMMARY PROCEDURE OR THOSE WHERE THE PENALTY DOESN’T EXCEED 6 MONTHS IMPRISONMENT OR A FINE OF P1000: governed by the rules on summary procedure 2. the person having custody of the prisoner shall promptly advise the prisoner of the charge and his right to demand trial. ROBBERY IN A BAND. ANGELA LEONOR C. AND OTHER HEINOUS CRIMES—trial shall be finished within 60 days from the first day of trial WHAT IS HABEAS CORPUS?  Habeas corpus means “having it brought” plus “body”  To inquire into the legality of the detention of a person  A writ or order requiring that a prisoner be brought before a judge or into court to decide whether he is being held lawfully.  It may be postponed for a reasonable period of time for good cause. ROBBERY AGAINST A BANKING OR FINANCIAL INSTITUTION. after consultation with the prosecutor and defense counsel. from the date of arraignment. and cannot be postponed except on grounds over which the accused has no control CHILD ABUSE CASES—trial shall commence within 3 days from arraignment and cannot be postponed except on grounds of illness of the accused or other grounds beyond his control VIOLATIONS OF DANGEROUS DRUGS LAW—trial shall be finished within 3 months from the filing of the information KIDNAPPING. AGUINALDO ATENEO LAW 2010 . Upon receipt of such notice. WHEN THE OFFENDED PARTY IS ABOUT TO DEPART WITH NO DEFINITE DATE OF RETURN—trial shall commence within 3 days 3.  The court shall. VIOLATION OF THE CARNAPPING ACT. Adhere faithfully to the session hours prescribed by laws 2. or cause a notice to be served on the person having custody of the prisoner. HOW DO YOU ENSURE CONTINUOUS TRIAL SYSTEM?  There must be a time limit within which the case should be terminated WHAT ARE THE DUTIES OF THE PRESIDING JUDGE UNDER THE CONTINUOUS TRIAL SYSTEM? 1.CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 77 of 120 The time limitations provided under this section and the preceding section shall not apply where special laws or circulars of the Supreme Court provide for a shorter period of trial.

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. (2) Delay resulting from proceedings with respect to other criminal charges against the accused. (e) A reasonable period of delay when the accused is joined for trial with a co-accused over whom the court has not acquired jurisdiction. 4. Any period of delay resulting from other proceedings concerning the accused. the prisoner shall be made available accordingly. Sec. Exclusions. Any period of delay resulting from a continuance granted by any court motu proprio. or the prosecution. 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. A reasonable period of delay when the accused is joined for trial with a co-accused over whom the court has not acquired jurisdiction.The following periods of delay shall be excluded in computing the time within which trial must commence: (a) Any period of delay resulting from other proceedings concerning the accused. an essential witness shall be considered absent when his whereabouts are unknown or his whereabouts cannot be determined by due diligence. during which any proceeding concerning the accused is actually under advisement. If the information is dismissed upon motion of the prosecution and thereafter a charge is filed against the accused for the same offense. including but not limited to the following: (1) Delay resulting from an examination of the physical and mental condition of the accused. For purposes of this subparagraph. not to exceed thirty (30) days. ANGELA LEONOR C.CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 78 of 120 4. 3. 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. Any period of delay resulting from the absence or unavailability of an essential witness. or. (4) Delay resulting from pre-trial proceedings. or on motion of either the accused or his counsel. 6. (d) If the information is dismissed upon motion of the prosecution and thereafter a charge is filed against the accused for the same offense. (f) Any period of delay resulting from a continuance granted by any court motu proprio. provided. or proceedings relating to change of venue of cases or transfer from other courts. When the person having custody of the prisoner receives from the public attorney a properly supported request for the availability of the prisoner for purposes of trial. (3) Delay resulting from extraordinary remedies against interlocutory orders. 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. (6) Delay resulting from a finding of existence of a prejudicial question. that the delay does not exceed thirty (30) days. or on motion of either the accused or his counsel. as to whom the time for trial has not run and no motion for separate trial has been granted. or the prosecution. He shall be considered unavailable whenever his whereabouts are known but his presence for trial cannot be obtained by due diligence. 2. BY: MA. WHAT ARE THE PERIODS THAT SHOULD BE EXCLUDED IN COMPUTING THE TIME WITHIN WHICH TRIAL MUST COMMENCE? 1. (5) Delay resulting from orders of inhibition. (b) Any period of delay resulting from the absence or unavailability of an essential witness. or. 5. . and (7) Delay reasonably attributable to any period. AGUINALDO ATENEO LAW 2010 . Any period of delay resulting from the mental incompetence or physical inability of the accused to stand trial. (c) Any period of delay resulting from the mental incompetence or physical inability of the accused to stand trial. 3. as to whom the time for trial has not run and no motion for separate trial has been granted.

the time limit shall be one hundred eighty (180) days from notice of said order for new trial. the time limit shall be one hundred twenty (120) days. AGUINALDO ATENEO LAW 2010 . Delay resulting from orders of inhibition. due to the number of accused or the nature of the prosecution.CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 79 of 120 WHAT ARE EXAMPLES OF OTHER PROCEEDINGS CONCERNING THE ACCUSED WHICH SHOULD BE EXCLUDED FROM THE COMPUTATION OF TIME? 1. Time limit following an order for new trial. For the second twelve-month period. provided. 6. Whether or not the case taken as a whole is so novel. WHEN SHOULD THE TRIAL COMMENCE AFTER THE ISSUANCE OF ORDER FOR NEW TRIAL? BY: MA. or proceedings relating to change of venue of cases or transfer from other courts. or that it is unreasonable to expect adequate preparation within the periods of time established therein. 1998. Delay resulting from extraordinary remedies against interlocutory orders. that the delay does not exceed thirty (30) days. the time limit shall be eighty (80) days. Rule 116 and the preceding section 1. not to exceed thirty (30) days. Factors for granting continuance. Extended time limit. WHEN IS AN ESSENTIAL WITNESS CONSIDERED ABSENT?  An essential witness shall be considered absent when his whereabouts are unknown or his whereabouts cannot be determined by due diligence WHEN IS AN ESSENTIAL WITNESS CONSIDERED UNAVAILABLE?  He shall be considered whenever his whereabouts are known but his presence for trial cannot be obtained by due diligence Sec. the time limit with respect to the period from arraignment to trial imposed by said provision shall be one hundred eighty (180) days. 5. and for the third twelve-month period. Sec. 3. among others. 4. Delay resulting from a finding of existence of a prejudicial question. no continuance under section 3(f) of this Rule shall be granted because of congestion of the court’s calendar or lack of diligent preparation or failure to obtain available witnesses on the part of the prosecutor. 6.  No continuance under section 3(f) of this Rule shall be granted because of congestion of the court’s calendar or lack of diligent preparation or failure to obtain available witnesses on the part of the prosecutor. For the second twelve-month period. provided that if the period becomes impractical due to unavailability of witnesses and other factors. Delay resulting from proceedings with respect to other criminal charges against the accused. Delay resulting from pre-trial proceedings. the court may extend but not to exceed one hundred eighty (180) days. 4. shall be considered by a court in determining whether to grant a continuance under section 3(f) of this Rule. Delay resulting from an examination of the physical and mental condition of the accused. ANGELA LEONOR C. 5. for the first twelve-calendar-month period following its effectivity on September 15. . IS THE GRANT OF A MOTION FOR CONTINUANCE POSTPONEMENT A MATTER OF RIGHT?  It is a matter of discretion on the part of the court OR Sec. Delay reasonably attributable to any period. WHAT IS A CONTINUANCE?  A continuance is a postponement of trial WHAT ARE THE FACTORS FOR GRANTING A CONTINUANCE/POSTPONEMENTS? 1. and 2. the trial shall commence within thirty (30) days from notice of the order. unusual and complex. Whether or not the failure to grant a continuance in the proceeding would likely make a continuation of such proceeding impossible or result in a miscarriage of justice. unusual and complex. In addition. or that it is unreasonable to expect adequate preparation within the periods of time established therein. and (b) Whether or not the case taken as a whole is so novel. during which any proceeding concerning the accused is actually under advisement (careful consideration). 2. – If the accused is to be tried again pursuant to an order for a new trial. (a) Whether or not the failure to grant a continuance in the proceeding would likely make a continuation of such proceeding impossible or result in a miscarriage of justice. due to the number of accused or the nature of the prosecution. – The following factors.Notwithstanding the provisions of section 1(g). and 7.

WHAT ARE THE DUTIES OF THE PUBLIC ATTORNEY IF THE ACCUSED ASSIGNED TO HIM IS IMPRISONED? 1.000.00). AGUINALDO ATENEO LAW 2010 . public attorney. He shall 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. ANGELA LEONOR C. (b) Upon receipt of that notice. Public attorney’s duties where accused is imprisoned. or prosecutor. the custodian of the prisoner shall promptly advise the prisoner of the charge and of his right to demand trial. 8. is serving a term of imprisonment in any penal institution. attorney. the prisoner shall be made available accordingly. either because he is charged with a bailable crime but has no means to post bail. Upon receipt of that notice.00). is charged with a non-bailable crime. the time limit shall be 120 days  For the third 12-month period. or. (2) By imposing on any appointed counsel de officio. or prosecutor a fine not exceeding five thousand pesos (P5. requiring such person to advise the prisoner of his right to demand trial 2. or (d) Willfully fails to proceed to trial without justification consistent with the provisions hereof. or. the prisoner shall be made available accordingly. (b) Files a motion solely for delay which he knows is totally frivolous and without merit. Upon receipt of such notice. a fine not exceeding twenty thousand pesos (P20. 7. it shall be his duty to do the following: (a) Shall 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.000. the latter shall cause notice to that effect to be sent promptly to the public attorney 3. provided that if the period becomes impractical due to unavailability of witnesses and other factors. the court may punish such counsel. When the person having custody of the prisoner receives from the public attorney a properly supported request for the availability of the prisoner for purposes of trial. and BY: MA. the public attorney shall promptly seek to obtain the presence of the prisoner for trial. – In any case in which private counsel for the accused. (d) 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. (c) Makes a statement for the purpose of obtaining continuance which he knows to be false and which is material to the granting of a continuance. the prisoner informs the custodian that he demands such trial. the person having custody of the prisoner shall promptly advise the prisoner of the charge and his right to demand trial. – If the public attorney assigned to defend a person charged with a crime knows that he latter is preventively detained. Sec. Sanctions. the latter shall cause notice to that effect to be sent promptly to the public attorney. the court may extend it It is not to exceed 180 days from notice of said order for new trial HOW SHOULD THE SECOND 12-MONTH PERIOD BE COUNTED IN CASE OF A NEW TRIAL?  The time limit shall be 180 days from notice of said order for new trial WHAT IS MEANT BY A NEW TRIAL? HOW LONG SHOULD THE TIME LIMIT BE?  General rule is 180 days from arraignment to trial  For the second 12-month period. as follows: (1) By imposing on a counsel privately retained in connection with the defense of an accused. the time limit shall be 80 days Sec.CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 80 of 120   The trial shall commence within 30 days from the notice of the order. or the prosecutor: (a) Knowingly allows the case to be set for trial without disclosing that a necessary witness would be unavailable for trial. If at anytime thereafter the prisoner informs his custodian that he demands such trial. If at anytime thereafter. the public attorney shall promptly seek to obtain the presence of the prisoner for trial 4. (c) Upon receipt of such notice. the public attorney.

Order of trial. The punishment provided for by this section shall be without prejudice to any appropriate criminal action or other sanction authorized under these rules. – No provision of law on speedy trial and no rule implementing the same shall be interpreted as a bar to any charge of denial of the right to speedy trial guaranteed by Section 14(2). the accused can plead double jeopardy to a subsequent prosecution  The accused must move to dismiss before actually going to trial. The punishment provided for by this section shall be without prejudice to any appropriate criminal action or other sanction authorized under these rules.000. if any. WHAT ARE THE SANCTIONS THAT MAY BE IMPOSED UPON AN ATTORNEY FOR THE AFOREMENTIONED? 1.CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 81 of 120 (3) By denying any defense counsel or prosecutor the right to practice before the court trying the case for a period not exceeding thirty (30) days. Remedy where accused is not brought to trial within the time limit. Article III. (c) The prosecution and the defense may. AGUINALDO ATENEO LAW 2010 . Knowingly allows the case to be set for trial without disclosing that a necessary witness would be unavailable for trial. N. 11. attorney. ANGELA LEONOR C. 3. 2. the civil liability. arising. Makes a statement for the purpose of obtaining continuance which he knows to be false and which is material to the granting of a continuance. 10. Rule 116 and Section 1. on a motion nolle prosequi. Files a motion solely for delay which he knows is totally frivolous and without merit. a fine not exceeding twenty thousand pesos (P20. Sec. from the issuance of a provisional remedy in the case. (b) The accused may present evidence to prove his defense and damages. By imposing on a counsel privately retained in connection with the defense of an accused. Sec. in that order. and 3.00). 4. Law on speedy trial not a bar to provision on speedy trial in the Constitution. – The trial shall proceed in the following order: (a) The prosecution shall present evidence to prove the charge and. in the proper case. present rebuttal and sur-rebuttal evidence unless the court. it is a waiver of the right to dismiss Sec. in furtherance of justice. on the ground of denial of his right to speedy trial  He shall have the burden of proving the motion.B: The constitutional provision is broad while the law on speedy trial is more specific and gives effectivity to the constitutional provision. By imposing on any appointed counsel de officio. the information may be dismissed on motion of the accused on the ground of denial of his right to speedy trial. as extended by Section 6 of this Rule. 2. WHAT IS THE REMEDY?  The accused should move to dismiss the information. 9. WHAT ARE THE ACTS TO WHICH THE PRIVATE COUNSEL FOR THE ACCUSED. Failure of the accused to move for dismissal prior to trial shall constitute a waiver of the right to dismiss under this section. The dismissal shall be subject to the rules on double jeopardy. By denying any defense counsel or prosecutor the right to practice before the court trying the case for a period not exceeding thirty (30) days. permits them to present additional evidence bearing upon the main issue. The accused shall have the burden of proving the motion but the prosecution shall have the burden of going forward with the BY: MA. public attorney. but the prosecution shall have the burden or proving that the delay was covered by the allowed exclusions of time  If the complaint or information is dismissed. or prosecutor evidence to establish the exclusion of time under section 3 of this rule. IF THE ACCUSED ISNT BROUGHT TO TRIAL WITHIN THE TIME LIMIT REQUIRED. or prosecutor a fine not exceeding five thousand pesos (P5. of the 1987 Constitution.000. – If the accused is not brought to trial within the time limit required by Section 1(g).00). the court may punish such counsel. Otherwise. or Willfully fails to proceed to trial without justification consistent with the provisions hereof. THE PUBLIC ATTORNEY OR PROSECUTOR CAN BE MADE TO ANSWER FOR? 1.

an order shall be made directing that the witness be examined at a specific date. Examination of defense witness. he may. from the issuance of a provisional remedy in the case. Sec. Sec. The examination shall proceed notwithstanding the absence of the prosecutor provided he was duly notified of the hearing. in the proper case. The motion shall state: (a) the name and residence of the witness. When the accused admits the act or omission charged in the complaint or information but interposes a lawful defense. or if the order be made by a court of superior jurisdiction. 14. which if proven. The examination shall be taken before a judge. 13. the case shall be deemed submitted for decision unless the court directs them to argue orally or to submit written memoranda. or that other similar circumstances exist that would make him unavailable or prevent him from attending the trial. WHY DOES THE TRIAL BEGIN WITH THE PROSECUTION?  Prosecution begins because it has the burden of proving the guilt of the accused relying on the strength of its own evidence and not on the weakness of the defense WHAT IF THERE IS NOT ENOUGH EVIDENCE TO PROVE GUILT BEYOND REASONABLE DOUBT?  If there is not enough evidence to prove the accused’s guilt beyond reasonable doubt. The prosecution and the defense may. the order of trial may be modified. (b) the substance of his testimony. Upon admission of evidence of the parties. how made. – When the accused has been held to answer for an offense. if not practicable. A written record of the testimony shall be taken. permits them to present additional evidence bearing upon the main issue. 4. or resides more than one hundred (100) kilometers from the place of trial and has no means to attend the same. the order of trial may be modified. Bail to secure appearance of material witness. Application for examination of witness for accused before trial. the civil liability. the case shall be deemed submitted for decision unless the court directs them to argue orally or to submit written memoranda. upon proof of oath. 12. – When the court is satisfied. have witnesses conditionally examined in his behalf. The accused may present evidence to prove his defense and damages. that a material witness will not testify when required. arising. – If the court is satisfied that the examination of a witness for the accused is necessary. reasonable doubt Accused claims that one of the elements of the offense charged is not present. time and place and that a copy of the order be served on the prosecutor at least three (3) days before the scheduled examination. it may. (e) When the accused admits the act or omission charged in the complaint or information but interposes a lawful defense. WHAT IS THE ORDER OF TRIAL? 1. there is no need to prove the commission of the offense because the crime is admitted DISTINGUISH BETWEEN A NEGATIVE DEFENSE AND AFFIRMATIVE DEFENSE NEGATIVE DEFENSE AFFIRMATIVE DEFENSE Requires the prosecution to prove The accused admits the act or the guilt of the accused beyond omission but interposes a defense. a member of the Bar in good standing so designated by the judge in the order. in furtherance of justice.  Unless there is a reverse trial. The prosecution shall present evidence to prove the charge and. AGUINALDO ATENEO LAW 2010 . before an inferior court to be designated therein. 3. ANGELA LEONOR C. Upon refusal to post bail. and (c) that the witness is sick or infirm as to afford reasonable ground for believing that he will not be able to attend the trial. upon motion with notice to the other parties. then the defense should file a demurrer to evidence. if any. 2.CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 82 of 120 (d) Upon admission of evidence of the parties. would exculpate him Sec. the court shall commit him to BY: MA. upon motion of either party. 5. order the witness to post bail in such sum as may be deemed proper. The motion shall be supported by an affidavit of the accused and such other evidence as the court may require. or. It is incumbent upon the prosecution to prove the existence of this element. The accused need not present evidence on his behalf. in that order. present rebuttal and sur-rebuttal evidence unless the court.

Examination of witness for the prosecution. may order separate trial for one of the accused WHAT HAPPENS TO THE EVIDENCE PRESENTED IN THE TRIAL OF THE OTHER ACCUSED IF A SEPARATE TRIAL IS GRANTED?  When a separate trial is demanded and granted. or by any member of the bar in good standing designated by the judge. Trial of several accused. a prosecution witness may only be examined before the judge of the court where the case is pending ARE MODES OF DISCOVERY AVAILABLE IN CRIMINAL CASES?  Modes of discovery such as the taking of deposition. the deposition can by done by the judge. orders separate trial for one or more accused. in its discretion and upon motion of the prosecutor or any accused. or before an inferior court  On the other hand. of has to leave the Philippines with no definite date of returning. if impracticable. or by an inferior court  If the witness is for the prosecution. they should be tried jointly  However. or in his absence after reasonable notice to attend the examination has been served on him.– When it is satisfactorily appears that a witness for the prosecution is too sick or infirm to appear at the trial as directed by the court. The statement taken may be admitted in behalf of or against the accused. unless it has been agreed by the parties that the evidence for the prosecution wouldn’t 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 attorney had the opportunity to cross-examine the witnesses for the prosecution X IS A PUBLIC OFFICER. the court in its discretion and upon motion of the prosecutor or any accused. accomplices. may be allowed in criminal cases. Such examination. the deposition can only be done by the judge WHY ARE MODES OF DISCOVERY ALLOWED?  The purpose is not to frustrate the ends of justice  Purpose also is to obviate proceedings  A party may have a witness for his behalf but due to reasonable circumstances. particularly deposition—in the manner of questions and answers to be answered by the witness  The examination shall be CONDITIONAL WHO WILL CONDUCT THE DEPOSITION?  It depends if it’s a witness for the prosecution or defense  If the witness is for the defense. 15. it is the duty of the prosecution to repeat and produce all its evidence at each and every trial. they shall be tried jointly unless the court. Failure or refusal of the accused to attend the examination at the trial. WHO MAY EXAMINE A DEFENSE WITNESS? WHAT ABOUT A PROSECUTION WITNESS?  A defense witness may be examined by any judge. ANGELA LEONOR C. he may forthwith be conditionally examined before the court where the case is pending. BY: MA. but it is subject to the sound discretion of the court WHAT IS THE REMEDY OF A PARTY IN CASE OF AN UNAVAILABILITY OF A WITNESS?  The party can avail of the modes of discovery.CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 83 of 120 prison until he complies or is legally discharged after his testimony has been taken. 16. by a member of the bar in good standing designated. SHOULD THEY BE TRIED JOINTLY OR SEPARATELY?  As a general rule. they shall be tried jointly with said public officers in the proper courts which shall exercise exclusive jurisdiction over them. AGUINALDO ATENEO LAW 2010 . when 2 or more accused are jointly charged with an offense. SHOULD THEY BOTH BE TRIED IN SANDIGANBAYAN?  Yes  In case private individuals are charged as co-principals. the witness essential to his case would be unavailable and will not be able to attend WHY IS EXAMINATION OF THE WITNESSES FOR THE PROSECUTION CONDUCTED BEFORE THE JUDGE?  To examine the deportment of the witness Sec. HE WAS CHARGED WITH MALVERSATION OF PUBLIC FUNDS IN CONSPIRACY WITH Y. Sec. Failure or refusal of the accused to attend the examination after notice shall be considered a waiver. A CIVILIAN. IF THERE ARE 2 OR MORE ACCUSED. in the presence of the accused. – When two or more accused are jointly charged with an offense. shall be conducted in the same manner as an examination at the trial. or accessories with public officers.

it will discharge the state witness. Said accused DOES NOT APPEAR TO BE THE MOST GUILTY. The court will require the prosecution to present evidence and the sworn statement of the proposed state witness at a hearing in order to support the discharge The court will determine if the requisites of giving the discharge are present. If the court denies the motion for discharge of the accused as state witness. 4. The accused may be discharged at any time before the defendants have entered upon their defense. the SC held that the prosecution is not required to present all of its other evidence before an accused is discharged. The discharge is equivalent to an acquittal. There is NO OTHER DIRECT EVIDENCE AVAILABLE for the proper prosecution of the offense committed. (d) Said accused does not appear to be the most guilty. The discharge must be WITH THE CONSENT OF THE ACCUSED sought to be a state witness 2. – When two or more persons are jointly charged with the commission of any offense. its subsequent order granting or denying the motion for discharge is in order notwithstanding the lack of actual hearing on the motion BY: MA. As a general rule. except the testimony of said accused. and (e) Said accused has not at any time been convicted of any offense involving moral turpitude. the court is satisfied that: (a) There is absolute necessity for the testimony of the accused whose discharge is requested. WHAT IS A STATE WITNESS?  A state witness is 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 WHEN SHOULD THE APPLICATION FOR DISCHARGE OF THE STATE WITNESS BE MADE?  It should be made upon motion of the prosecution before resting its case WHAT IS THE PROCEDURE FOR DISCHARGING A PERSON AS A STATE WITNESS? 1. unless the witness later fails or refuses to testify The court denies the motion for discharge. Evidence adduced in support of the discharge shall automatically form part of the trial. IS A HEARING OF THE MOTION TO DISCHARGE MANDATORY?  So long as the motion is able to receive evidence for and against the discharge of an accused to become a state witness. Said accused has not at any time been convicted of any offense involving MORAL TURPITUDE. the court should resolve any motion to discharge only AFTER the prosecution has presented all of its evidence since it is at this time when the court shall determine the presence of the requisites above  In some cases. and 6. 4. CAN THE COURT GRANT THE DISCHARGE BEFORE THE PROSECUTION HAS FINISHED PRESENTING ALL ITS EVIDENCE?  No. HOWEVER. the court may direct one or more of the accused to be discharged with their consent so that they may be witnesses for the state when. 5. ANGELA LEONOR C. his sworn statement shall be inadmissible as evidence WHAT ARE THE REQUISITES IN ORDER FOR A PERSON TO BE DISCHARGED AS A STATE WITNESS? 1. his sworn statement shall be inadmissible in evidence. AGUINALDO ATENEO LAW 2010 . (b) There is no other direct evidence available for the proper prosecution of the offense committed. Evidence adduced in support of the discharged shall automatically form part of the trial If the court is satisfied. 3. 17. (c) The testimony of said accused can be substantially corroborated in its material points. There is ABSOLUTE NECESSITY for the testimony of the accused whose discharge is requested. Discharge of accused to be state witness. except the testimony of said accused. 5. Before resting its case. after requiring the prosecution to present evidence and the sworn statement of each proposed state witness at a hearing in support of the discharge.CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 84 of 120 2. the prosecution should file a motion to discharge the accused as a state witness with his consent 3. Sec. The testimony of said accused can be SUBSTANTIALLY CORROBORATED in its material points. upon motion of the prosecution before resting its case.

Evidence in support of the discharge forms part of the trial. Sec.  The section contemplates that the information is already filed. What is required is that the court is satisfied that the requisites are present for the discharge. AGUINALDO ATENEO LAW 2010 . his sworn statement shall be inadmissible as evidence 2. it violates his right against self-incrimination LECTURE NOTES (JUSTICE SABIO):  The accused must first be charged before he can be discharged as a state witness. you are originally part of the crime.CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 85 of 120 WHAT IS THE MEANING WHEN THE TESTIMONY OF THE ACCUSED CAN BE SUBSTANTIALLY CORROBORATED IN ITS MATERIAL POINTS?  There is presence of indirect testimony or evidence that could corroborate with the truthfulness of the testimony of the accused WHAT HAPPENS IF THERE IS LACK OF REQUISITES PRESENT IN THE MOTION FOR THE DISCHARGE OF THE ACCUSED?  There is no need to allege all the requisites in the motion.  The evidence for the discharge may be presented during the hearing on the motion WHAT IS THE MEANING OF ABSOLUTE NECESSITY OF THE TESTIMONY OF THE PROPOSED STATE WITNESS?  It means that there is no other evidence to establish the offense other than the testimony of the accused  For example. If you are a state witness. there is trial and the prosecution hasn’t rested its case. unless the accused fails or refuses to testify against his co-accused in accordance with his sworn statement constituting the basis for his discharge. his sworn statement will not be admissible against him  Otherwise. you are not originally part of the crime. But if the court denies the motion to discharge. Discharge of the accused operates as an ACQUITTAL and bar to further prosecution for the same offense. where an offense is committed in conspiracy and clandestinely. the accused has been arraigned. CAN HE STILL BE DISCHARGED?  Yes CAN A CO-CONSPIRATOR BE DISCHARGED AS A STATE WITNESS? BY: MA. – The order indicated in the preceding section shall amount to an acquittal of the discharged accused and shall be a bar to future prosecution for the same offense. WHAT IS THE REMEDY OF THE PROSECUTION IF THE COURT DENIES THE MOTION OF THE PROSECUTION?  The State can file a petition for certiorari THE ACCUSED PLEADED GUILTY TO THE CRIME CHARGED AND/OR ALREADY TESTIFIED AS AN ACCUSED. the discharge of one of the conspirators is necessary in order to provide direct evidence of the commission of the crime  No one else other than one of the conspirators can testify on what happened among them DOES ABSOLUTE NECESSITY MEAN THAT TESTIMONY WOULD RESULT IN ABSOLUTE CERTAINTY OF CONVICTION?  No CAN THERE BE DISCHARGED?  Yes MORE THAN ONE ACCUSED WHO CAN BE   RULE—a co-conspirator cannot be discharged as a state witness against a co-conspirator EXCEPTION—if the crime was committed clandestinely and there is no way to prove the crime WHAT IS AN IRREGULAR DISCHARGE?  Irregular discharge is a discharge where one or all of the conditions required for discharge didn’t really exist IF THE STATE WITNESS REFUSES TO TESTIFY. he can be prosecuted again and his admission can be used against him.  There is a difference between a witness of the state and a state witness. except if he fails or refuses to testify against his co-accused in accordance with his sworn statement constituting the basis of the discharge. ANGELA LEONOR C. 18. Discharge of accused operates as acquittal. In this case. WILL HIS SWORN STATEMENT BE ADMISSIBLE AGAINST HIM?  No. WHAT ARE THE EFFECTS OF THE DISCHARGE? 1. If you are a witness for the state.

When mistake has been made in charging the proper offense. IT WAS FOUND OUT DURING THE TRIAL THAT THE FACTS HE ATTESTED TO IN HIS SWORN STATEMENT WERE ALL LIES? DOES THE COURT HAVE ANY RECOURSE IF THERE WAS A WRONGFUL DISCHARGE?  The discharge of the accused wouldn’t be affected. it would be to detain the discharged accused. – When it becomes manifest at any time before judgment 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. The discharge will not be a bar to further prosecution and not amount to acquittal is when the accused refuses or fails to testify in accordance with his sworn statement. Sec. In such case.  If the court has a recourse. the accused shall not be discharged if there appears good cause to detain him. 19. the accused shall not be discharged if there appears good cause to detain him  The accused shall not be discharged if there appears good cause to detain him BY: MA. what the rules require is ABSOLUTE NECESSITY and not ABSOLUTE CERTAINTY. there must be other evidence to support his testimony  The testimony of a state witness comes from a polluted source and must be received with caution  It should be substantially corroborated in its material points  As an exception however. First. the grounds mentioned in the rule as exceptions to the general rule are exclusive in character. since the amended information is just a continuation of the original MUST THE ACCUSED TO BE DISCHARGED FIRST BE CHARGED IN THE COMPLAINT OR INFORMATION?  No.CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 86 of 120 WHAT DOES IT MEAN WHEN HE FAILS OR REFUSES TO TESTIFY IN ACCORDANCE WITH HIS SWORN STATEMENT?  It means that the accused makes substantial changes in his testimony that would naturally affect the proceedings and would be prejudicial to the prosecution of the offense charged WHAT IF IN THE SWORN STATEMENT OF X. and file a case against him but not for the same offense but for perjury WHAT HAPPENS WHEN THE ORIGINAL INFORMATION UNDER WHICH AN ACCUSED WAS DISCHARGED IS LATER AMENDED?  A discharge under the original information is just as binding upon the subsequent amended information. the testimony of a co-conspirator. HE MENTIONED ONLY THAT 3 OF HIS COMPANIONS WERE IN CONSPIRACY WITH EACH OTHER. AS WHEN FOR EXAMPLE. following Section 19 of this Rule. His discharge would still amount to an acquittal and is a bar for further prosecution for the same offense. Second. WHAT IF THERE WAS A MISTAKE MADE IN CHARGING THE PROPER OFFENSE?  When it becomes manifest at any time before judgment 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. Third. will be considered sufficient if given in a straightforward manner and it contains details which couldn’t have been a result of deliberate afterthought. DURING HIS TESTIMONY.  Note: the filing of the motion in court gives the court jurisdiction over the persons CAN THE OTHER CONSPIRATORS BE SOLELY CONVICTED ON THE BASIS OF THE DISCHARGED STATE WITNESS?  No. AGUINALDO ATENEO LAW 2010 . the court shall commit the accused to answer for the proper offense and dismiss the original case upon the filing of the proper information. IS THIS PROPER?  Yes  This doesn’t fall within the ambits of “refusing to testify in accordance with his sworn statement”  It will be proper as long as it will help further the prosecution in prosecuting the offense charged against the accused WHAT HAPPENS IF THE COURT IMPROPERLY OR ERRONEOUSLY DISCHARGES AN ACCUSED AS STATE WITNESS. HE TESTIFIED THAT ALL 10 OF HIS COMPANIONS WERE IN CONSPIRACY. THE ACCUSED HAS BEEN CONVICTED OF A CRIME INVOLVING MORAL TURPITUDE?  The improper discharge will not render inadmissible his testimony nor detract from his competency as a witness  Neither will it invalidate his acquittal because the acquittal becomes ineffective only if he fails or refuses to testify WHAT IF AFTER AN ACCUSED HAS BEEN DISCHARGED TO BECOME A STATE WITNESS. ANGELA LEONOR C. even if uncorroborated. what transpired was an error of judgment on the part of the court.

clear congested dockets. 22. the accused may adduce evidence in his defense. on motion of the accused. 20. save unnecessary costs and expenses Sec. every person criminally liable is also civilly liable. simplify the work of the trial court. – Charges for offenses founded on the same facts or forming part of a series of offenses of similar character may be tried jointly at the discretion of the court. AGUINALDO ATENEO LAW 2010 . ANGELA LEONOR C. exclude the public from the trial except court personnel and the counsel of the parties Sec. X MADE A RESERVATION TO FILE AN INDEPENDENT CIVIL ACTION BASED ON QUASI-DELICT. exclude the public from the courtroom if the evidence to be produced during the trial is offensive to decency or public morals. WHEN CAN THE PUBLIC BE EXCLUDED FROM THE TRIAL? 1. Sec. Any criminal action generally is consolidated with the civil action unless there is a positive action coming from the offended party or the accused. As a general rule. the accused waives the right to present evidence and submits the case for judgment on the basis of the evidence for the prosecution. On motion of the accused. WHAT IS SECTION 1 OF RULE 137? IS IT ONLY SECTION 1 OF RULE 137 THAT PROVIDES FOR THE DISQUALIFICATION OF PROSECUTORS?  No  Section 20 of this present rule provides “for any other reason” WHAT COULD BE EXAMPLES OF “FOR ANY OTHER REASON”? Sec. Exclusion of the public. WHEN CAN DIFFERENT OFFENSES BE TRIED JOINTLY?  When the offenses are founded on the same facts or from part of a series of offenses of similar character. X CHANGES HIS MIND AND DECIDES TO HAVE HIS INDEPENDENT CIVIL ACTION CONSOLIDATED? IS THIS PROPER?  It will not be proper if it will cause any prejudice to either the offended party or the accused. exclude the public from the trial except court personnel and the counsel of the parties. They proceed independently from the criminal action. his assistant or deputy is disqualified to act due to any of the grounds stated in section 1 of Rule 137 or for any other reason. the judge or the prosecutor shall communicate with the Secretary of Justice in order that the latter may appoint an acting prosecutor. If the court denies the demurrer to evidence filed with leave of court. Appointment of acting prosecutor. – When a prosecutor. When the demurrer to evidence is filed without leave of court. He may also. prevent delay. 23. CAN THOSE RELATED TO CIVIL LIABILITY NOT ARISING FROM A CRIME BE CONSOLIDATED?  As a general rule. – After the prosecution rests its case. Consolidation of trials of related offenses. DURING THE TRIAL OF THE CRIMINAL ACTION. the court has the discretion to consolidate and try them jointly WHAT IS THE PURPOSE OF CONSOLIDATION? WHAT IS THE REMEDY IF THE MOTION FOR CONSOLIDATION IS DENIED?  CAN THOSE RELATED TO CIVIL LIABILITY ARISING FROM A CRIME BE CONSOLIDATED?  Yes. Demurrer to evidence. motu proprio. the court shall commit the accused to answer for the proper offense and dismiss the original case upon the filing of the proper information. – The judge may. the court may dismiss the action on the ground of insufficiency of evidence (1) on its own initiative after giving the prosecution the opportunity to be heard or (2) upon demurrer to evidence filed by the accused with or without leave of court. independent civil actions are not constituted with the criminal action. If the evidence to be produced during the trial is offensive to decency or public morals 2. guard against oppression or abuse.  It is to avoid multiplicity of suits. 21.CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 87 of 120  In such case. The motion for leave of court to file demurrer to evidence shall specifically state its grounds and shall be filed within a nonextendible period of five (5) days after the prosecution rests its BY: MA.

AFTER THE PROSECUTION RESTS ITS CASE. which pleading raised questions of law as to sufficiency of the pleading apparent on the face thereof  In the same manner as a demurrer. the accused should file a motion for leave of court to file a demurrer to evidence. stating in such motion his grounds for such  The prosecution shall have 5 days within which to oppose the motion  If the motion is granted. a motion to dismiss presents squarely before the court a question as to the sufficiency of the facts alleged therein to constitute a cause of action WHAT ARE THE WAYS BY WHICH A CASE MAY BE DISMISSED ON THE BASIS OF INSUFFICIENCY OF EVIDENCE OF THE PROSECUTION? 1. The order denying the motion for leave of court to file demurrer to evidence or the demurrer itself shall not be reviewable by appeal or by certiorari before judgment. File a demurrer to evidence with leave or without leave of court 2. the accused may still adduce evidence on his behalf WHAT IS THE EFFECT OF FILING THE DEMURRER TO EVIDENCE WITHOUT LEAVE OF COURT?  If the court denies the demurrer to evidence which was filed without leave of court. Adduce his evidence unless he waives the same WHAT IS A DEMURRER TO EVIDENCE?  It is a motion to dismiss the case filed by the defense after the prosecution rests on the ground of insufficiency of the evidence of the prosecution  It has been said that a motion to dismiss under the Rules of Court takes place of a demurrer. The prosecution may oppose the demurrer to evidence within a similar period from its receipt. the accused shall file the demurrer to evidence within a non-extendible period of ten (10) days from notice. Upon demurrer to evidence filed by the accused with or without leave of court THE PROSECUTION RESTS ITS CASE. IS THERE ABSOLUTE WAIVER OF PRESENTATION OF EVIDENCE BY THE COURT?  No  The general rule is that filing of a demurrer of evidence without leave of court. AGUINALDO ATENEO LAW 2010 . If leave of court is granted. THE DEMURRER OF EVIDENCE IS DENIED. which is subsequently denied. otherwise the accused loses certain rights THE ACCUSED FILED A DEMURRER OF EVIDENCE WITHOUT LEAVE OF COURT. THE COURT THINKS THAT THERE IS INSUFFICIENCY OF EVIDENCE PRESENTED. the accused is deemed to have waived his right to present evidence and submits the case for judgment on basis of the evidence of the prosecution  This is because demurrer to evidence is not a matter of right but is discretionary on the court  Permission of the court has to be obtained before it is filed. the accused shall file the demurrer to evidence within 10 days from notice of grant of leave of court  The prosecution may oppose the demurrer to evidence within 10 days from its receipt of the demurrer WHAT IS THE EFFECT OF FILING THE DEMURRER TO EVIDENCE WITH LEAVE OF COURT?  The effect of its filing is that if the court grants the demurrer. the case will be dismissed  If the court denies the demurrer to evidence filed with leave of court. WHAT ARE THE OPTIONS OF THE ACCUSED? THE ACCUSED MAY DO THE FOLLOWING: 1. The court may dismiss the case on its own initiative after giving the prosecution the right to be heard 2. WHAT DOES IT NEED TO DO IN CASE IT WISHES TO DISMISS THE CASE?  The court may dismiss the case on its own initiative after giving the prosecution the right to be heard WHAT DOES IT MEAN WHEN THE PROSECUTION WOULD BE GIVEN THE RIGHT TO BE HEARD BEFORE THE COURT DISMISSES THE CASE?  The prosecution is given the chance to explain itself of circumstances that may have lead to its failure to adduce enough evidence to support its case HOW DO YOU FILE A DEMURRER TO EVIDENCE?  Within 5 days after the prosecution rests. is a waiver of presentation of evidence BY: MA. ANGELA LEONOR C. The prosecution may oppose the motion within a nonextendible period of five (5) days from its receipt.CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 88 of 120 case.

RULE 120 . with hearing in either case. there can be no appeal or certiorari on the denial of the demurrer to evidence. WHAT IS THE REMEDY OF THE ACCUSED IF THE DEMURRER TO EVIDENCE IS DENIED?  As a general rule. there is still insufficiency of evidence. Judgment. 2. It shall contain clearly and distinctly a statement of the facts and the law upon which it is based. Personally and directly prepared by the judge 3. unless the BY: MA. GIVEN THAT ALL CONDITIONS REQUIRED?  It would be prejudicial to the rights of an accused  Examples of this when the accused cannot present enough evidence. – At any time before finality of the judgment of conviction. personally and directly prepared by the judge and signed by him and shall contain clearly and distinctly a statement of the facts and the law upon which it is based. if there is any. AGUINALDO ATENEO LAW 2010 . or accessory after the fact. and (4) the civil liability or damages caused by his wrongful act or omission to be recovered from the accused by the offended party.CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 89 of 120  Nonetheless. definition and form.JUDGMENT Section 1. in order to avoid a miscarriage of justice The proceedings should be terminated within 30 days from the order granting the reopening of the case WHEN CAN THERE BE A DENIAL OF THE REOPENING OF THE CASE. ANGELA LEONOR C. it shall state (1) the legal qualification of the offense constituted by the acts committed by the accused and the aggravating or mitigating circumstances which attended its commission. Contents of the judgment. Sec. if any WHAT IS THE FORM REQUIRED FOR THE JUDGMENT? 1.  If the trial court issues an order or renders judgment not only granting the demurrer to evidence of the accused and acquitting him but also on the civil liability of the accused to the private offended party. It must be written in the official language. motu proprio or upon motion. Signed by him 4. the judge may. whether as principal. said judgment on its civil case would be a nullity for violation of the rights of the accused to due process. if any. – Judgment is the adjudication by the court that the accused is guilty or not guilty of the offense charged and the imposition on him of the proper penalty and civil liability. the accused has the right to adduce evidence on his behalf not only on the criminal aspect but also on the civil aspect of the case Sec. 24.   WHAT IF THE ACCUSED FILES A DEMURRER OF EVIDENCE BEFORE THE PROSECUTION RESTS ITS CASE. CAN THE DEFENSE BE ALLOWED TO PRESENT EVIDENCE?  IF THE PROSECUTION HAS ALREADY RESTED ITS CASE AND A DEMURRER OF EVIDENCE HAS BEEN FILED. the judge may reopen the case either on his own volition or upon motion. WHAT IS A JUDGMENT?  Adjudication by the court that the accused is guilty or not guilty of the offense charged and the imposition on him of the proper penalty and civil liability. reopen the proceedings to avoid a miscarriage of justice. Reopening. The proceedings shall be terminated within thirty (30) days from the order granting it. there would be no waiver to present evidence. (2) the participation of the accused in the offense. IS THIS VALID?  WHAT IS THE EFFECT IF THE DEMURRER IS GRANTED AND THE ACCUSED IS ACQUITTED?  The accused has the right to adduce evidence on the civil aspect of the case unless the court declares that the act or omission from which the civil liability may arise did not exist. It must be written in the official language 2. with hearing on either case. accomplice. WHEN CAN A CASE BE REOPENED? At any time before the finality of judgment of conviction. THE COURT SEES THERE IS BASIS BUT ORDERS THE PROSECUTION TO PRESENT MORE EVIDENCE. etc. since it is an interlocutory order which doesn’t pass judgment on the merits of the case  In such instance. if the demurrer of evidence is filed before the prosecution rests its case. As the prosecution hasn’t finished presenting its evidence. present his witnesses. – If the judgment is of conviction. (3) the penalty imposed upon the accused.

it becomes a full blown judgment IS AN ERRONEOUS JUDGMENT VALID?  Yes. The legal qualification of the offense constituted by the acts committed by the accused and the aggravating and mitigating circumstances which attended the commission b. CAN HE REFUSE TO IMPOSE IT UPON AN ACCUSED WHO IS GUILTY OF AN OFFENSE PUNISHABLE WITH DEATH?  No. the judge must impose the proper penalty provided for by the law. SETTING FORTH THE FACTS AND THE LAW ON WHICH IT IS BASED?  The decision should be in writing to inform the parties the reason for the decision so that in case any of them appeals. The participation of the accused as principal.000?  No. In either case. the judgment shall determine if the act or omission from which the civil liability might arise did not exist. unless the enforcement of the civil liability has been reserved or waived by the offended party. or accessory c. If the act or omission from which the civil liability might arise doesn’t exist IS IT NECESSARY FOR THE VALIDITY OF THE JUDGMENT THAT THE DECISION BE PROMULGATED BY THE SAME JUDGE WHO HEARD THE CASE?  No. a judgment promulgated by a judge other than the one who heard the case is valid. The penalty imposed upon the accused d. WHAT ARE THE CONTENTS OF THE JUDGMENT? 1. it is grave abuse of discretion amounting to lack of jurisdiction. as long as his conclusions are based on some provision of law CAN THE JUDGE IMPOSE AN ALTERNATIVE PENALTY OF EITHER RECLUSION PERPETUA OR A FINE OF P10.  If he refuses to do so. An error in judgment will not invalidate a decision. it shall state whether the evidence of the prosecution absolutely failed to prove the guilt of the accused or merely failed to prove his guilt beyond reasonable doubt. If the judgment is of conviction. it shall state the following: a. Whether the evidence of the prosecution absolutely failed to prove the guilt of the accused or merely failed to proved it beyond reasonable doubt b. such party can point out to the appellate court the findings of facts or the rulings on point of law with which he disagrees  The written decision also becomes the basis of the appellate court to pass judgment upon  Finally. it will assure the parties the judge reached judgment by going through the process of legal reasoning IS A VERBAL JUDGMENT VALID?  No. 2. the judgment is not void. In case the judgment is of acquittal. and it is not signed by the judge  It may however be corrected by putting it in writing and in the prescribed form  When it is put in writing. ANGELA LEONOR C. if any. a verbal judgment is incomplete because it doesn’t contain findings of fact. the judge cannot impose alternative penalties  The penalty imposed must be definite  When the judge imposes alternative penalties. provided that the judge who rendered the judgment relied on the records taken during the trial as basis for his decision WHY SHOULD THE DECISION BE IN WRITING. IF THE JUDGE HAS VERY STRONG BELIEFS AGAINST THE IMPOSITION OF THE DEATH PENALTY. giving the defendant the right to choose which to serve. The civil liability or damages. accomplice. he should  But if he fails to do so.CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 90 of 120 enforcement of the civil liability by a separate civil action has been reserved or waived. If the judgment is of acquittal a. AGUINALDO ATENEO LAW 2010 . so long as it conforms with the requirements of the law IS IT VALID FOR A JUDGE TO RENDER A JUDGMENT WHICH IMPOSES A PENALTY THAT DOESN’T EXIST OR ONE THAT IS IMPOSSIBLE TO FULFILL?  Such judgment is void  The error goes into the very essence of the penalty and doesn’t merely arise from the misapplication thereof DOES THE JUDGE NEED TO DESIGNATE THE PARTICULAR PROVISION OF LAW VIOLATED?  If possible. he gives discretion belonging to the court to the accused BY: MA. even if he is against it.

CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 91 of 120 CAN THE JUDGE IMPOSE THE PENALTY OF RECLUSION PERPETUA AND A FINE OF P10. the heirs need only to prove the fact of death in order to claim actual or compensatory damages IS THERE NEED FOR PROOF OF PECUNIARY LOSS IN ORDED THAT MORAL. reckless. oppressive.000 WHAT SHOULD THE OFFENDED PARTY PROVE IF HE WANTS TO CLAIM ACTUAL DAMAGES OR LOSS OF EARNING CAPACITY?  The offended party must show proof of the amount of the pecuniary loss. a civil indemnity of P50000 is mandatory  An award of moral damages is also mandatory without need of pleading or proof. It is the detriment. ANGELA LEONOR C. exemplary damages. such as receipts  Actual damages not supported by evidence may not be awarded  However. only a public prosecutor. or file for mandamus WHAT CONSTITUTES CIVIL LIABILITY ARISING FROM CRIME?  Civil liability arising from crime includes actual damages. the mandatory civil indemnity is P75. NOMINAL. the penalty is definite  The difference here with the example above is the use of the word “and” instead of “or” WHAT IS THE IMPORTANCE OF USING THE PROPER TERMINOLOGY IN THE IMPOSITION OF IMPRISONMENT PENALTIES?  The judge should use the proper terminology of the penalties since each penalty has its distinct accessory penalties and effects DOES THE FAILURE TO USE THE PROPER TERMINOLOGY IN THE IMPOSITION OF PENALTIES RENDER THE JUDGMENT VOID?  No. because in this case. when the crime was committed with one or more aggravating circumstances 2. if the defendant acted in a wanton. These are the pecuniary consequences which the law imposes for the breach of some duty or the violation of some right WHEN ARE EXEMPLARY DAMAGES AWARDED? EXEMPLARY DAMAGES MAY BE AWARDED IN THE FOLLOWING CASES: 1. OR EXEMPLARY DAMAGES MAY BE ADJUDICATED?  No. In quasi-delicts. or injury which is occasioned by reason of fault of another in the property or person  Damages refer to the sum of money which can be awarded for the damage done. LIQUIDATED. fraudulent. file certiorari (Rule 65— jurisdiction). In contracts and quasi-contracts.  If it is qualified rape.000?  Yes. loss. or malevolent manner WHAT ARE THE MANDATORY AWARDS IN CASE OF RAPE CASES?  In rape cases. if the defendant acted with gross negligence 3. and loss of earning capacity WHAT IS THE EFFECT OF A JUDGMENT OF ACQUITTAL ON THE CIVIL ASPECT OF THE CASE?  It will not prevent a judgment against the accused on the civil aspect of the case where— o The acquittal is based on reasonable doubt as only preponderance of evidence is required o Where the court declared that the liability of the accused is only civil o Where the civil liability of the accused doesn’t arise from or isn’t based upon the crime of which the accused is acquitted WHEN MAY ATTORNEY’S FEES BE AWARDED?  Attorney’s fees may be awarded only when a separate civil action to recover civil liability has been filed or when exemplary damages are awarded  The reason for this is that there is no attorney in a criminal case. TEMPORATE. this doesn’t go to the essence of the penalty itself WHAT IS THE REMEDY OF THE OFFENDED PARTY IF THE JUDGMENT FAILS TO AWARD CIVIL LIABILITY?  The offended party can appeal (Rule 45—errors of judgment. who is compensated by the government WHEN CAN ATTORNEY’S FEES BE AWARDED IN CRIMINAL CASES?  If there is award of exemplary damages WHAT IS THE DIFFERENCE BETWEEN DAMAGE AND DAMAGES?  Damages refers to the actionable loss resulting from another person’s act or omission. Article 2216 of the Civil Code provides that no proof is needed  The assessment of the damage depends on the discretion of the court MAY DAMAGES BE INCREASED ON APPEAL? BY: MA. AGUINALDO ATENEO LAW 2010 . findings of fact. if death results from the crime or the quasi-delict. In criminal actions. moral damages. and errors of law).

setting out separately the findings of fact and law in each offense. When an offense includes or is included in another. AT THE TRIAL. constitute the latter. 3. WHAT IS THE EFFECT OF THE FAILURE OF THE ACCUSED TO OBJECT TO A COMPLAINT OR INFORMATION THAT CHARGES MORE THAN ONE OFFENSE BEFORE HE IS ARRAIGNED?  The court may convict him of as many offenses as are charged and proved and impose on him the penalty of each offense  The court must set out separately the findings of fact and law in each offense Sec. provided that the accused didn’t object to such evidence  People v. since some elements of qualified seduction were not charged Sec. the elements of two are different. 4. or of the offense charged which is included in the offense proved. these are damages recoverable in order to vindicate or recognize the rights of the plaintiff which has been violated or invaded by the defendant WHAT IS THE CIVIL LIABILITY OF ONE WHO IS GUILTY OF ILLEGAL POSSESSION OF FIREARMS?  None. as alleged in the complaint or information. – An offense charged necessarily includes the offense proved when some of the essential elements or ingredients of the former. if the offense charged is rape and the offense proved is acts of lasciviousness. Judgment for two or more offenses. AGUINALDO ATENEO LAW 2010 . Judgment in case of variance between allegation and proof. the accused can only be convicted of acts of lasciviousness If the offense charged is less serious physical injuries and the offense proved is serious physical injuries.  Therefore if the court convicts him of qualified seduction. it will violate his right to be informed of the nature and cause of the accusation against him. although qualified seduction is a lesser offense than rape. – When two or more offenses are charged in a single complaint or information but the accused fails to object to it before trial. WHAT WAS PROVED AT THE TRIAL WAS QUALIFIED SEDUCTION. IT WAS PROVED THAT X RAPED A MENTAL RETARDATE. the accused shall be convicted of the offense proved which is included in the offense charged. the court may convict him of as many offenses as are charged and proved. Abiera says that the accused charged with rape through one mode of commission may still be convicted of the crime if the evidence shows another mode of commission.  Qualified seduction is not included in the crime of rape. UNDER WHICH SHOULD X BE CONVICTED?  X should be convicted of homicide through reckless imprudence  The offense done through negligence is lesser than one done willfully X WAS CHARGED WITH RAPE BY FORCE AND INTIMIDATION. an appeal opens the whole case on review by the appellate court. and impose on him the penalty for each offense.CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 92 of 120  Yes. WHAT IS THE RULE IN CASE THE OFFENSE CHARGED IS DIFFERENT FROM THE OFFENSE PROVED?  The accused can only be convicted of the lesser offense which is included in the graver offense either proved or charged  The reason for this is that the accused can only be convicted of the offense which is both charged and proved  For example. CAN X BE CONVICTED OF RAPE OF A MENTAL RETARDATE?  THERE ARE CONFLICTING DECISIONS  People v. 5. – When there is variance between the offense charged in the complaint or information and that proved. then the defendant should only be convicted of the offense charged X WAS CHARGED WITH WILLFUL HOMICIDE. Sec. And BY: MA. Padilla says on the other hand that the accused cannot be convicted of rape of a mental retardate if the commission of such is not alleged in the information  The latter ruling is a better ruling because to convict the accused would violate his right to be informed of the nature and cause of the accusation against him X WAS CHARGED WITH RAPE. and the offense as charged is included in or necessarily includes the offense proved. ANGELA LEONOR C. CAN X BE CONVICTED OF QUALIFIED SEDUCTION?  No. and this includes the award of damages  WHAT ARE NOMINAL DAMAGES?  Nominal damages are awarded in recognition of a violation of a right of the plaintiff when no actual damage was done to him  Under article 2221 of the CC. WHAT WAS PROVED WAS HOMICIDE THROUGH RECKLESS IMPRUDENCE.

the judgment may be promulgated by the clerk of court. when the offense charged is homicide and what is proven is physical injuries. if the conviction is for a light offense. WHEN DOES AN OFFENSE CHARGED NECESSARILY INCLUDE THE OFFENSE PROVED?  An offense charged necessarily includes an offense proved when some of the essential elements or ingredients of the offense charged constitute the offense proved  For example. the judgment may be pronounced in the presence of his counsel or representative. even if he was notified thereof.  However. if the conviction is for a light offense. HOW IS THE JUDGMENT PROMULGATED?  The judgment is promulgated by reading it in the presence of the accused and any judge of the court in which it was rendered. the application for bail can only be filed and resolved by the appellate court. then the offense charged necessarily includes the offense proved  Some of the essential elements of homicide constitute physical injuries WHEN IS AN OFFENSE CHARGED NECESSARILY INCLUDED IN THE OFFENSE PROVED?  An offense charged is necessarily included in the offense proved. When the judge is absent or outside the province or city. the essential elements of acts of lasciviousness is necessarily included in the crime of rape. the accused may surrender and file a motion for leave of court to avail of these remedies. If the judgment is for conviction and the failure of the accused to appear was without justifiable cause.  Also. he shall lose the remedies available in these rules against the judgment and the court shall order his arrest. However. that if the decision of the trial court convicting the accused changed the nature of the offense from nonbailable to bailable. – The judgment is promulgated by reading it in the presence of the accused and any judge of the court in which it was rendered. the judgment may be promulgated by the clerk of court. Promulgation of judgment.  When the judge is absent or outside the province or city. In case the accused fails to appear at the scheduled date of promulgation of judgment despite notice. The court promulgating the judgment shall have authority to accept the notice of appeal and to approve the bail bond pending appeal. If the accused is confined or detained in another province or city. the judgment may be promulgated by the executive judge of the Regional Trial Court having jurisdiction over the place of confinement or detention upon request of the court which rendered the judgment. Within fifteen (15) days from promulgation of judgment. when the essential ingredients of the former constitute or form part of those constituting the latter. AGUINALDO ATENEO LAW 2010 . the promulgation shall be made by recording the judgment in the criminal docket and serving him a copy thereof at his last known address or thru his counsel. the offense charged is necessarily included in the crime proved MAY AN ACCUSED CHARGED OF MURDER BE CONVICTED OF RECKLESS IMPRUDENCE RESULTING IN HOMICIDE?  Quasi-offense of reckless imprudence resulting in homicide is necessarily included in the charge of murder Sec. or if he jumped bail or escaped from prison. He shall state the reasons for his absence at the scheduled promulgation and if he proves that his absence was for a justifiable cause. CAN THERE BE PROMULGATION OF JUDGMENT IN THE ABSENCE OF THE ACCUSED?  As a general rule. when the essential ingredients of the former constitute or form part of those constituting the latter  For example when the offense charged is acts of lasciviousness and the offense proved is rape. ANGELA LEONOR C. requiring him to be present at the promulgation of the decision. 6. judgment must be promulgated in the presence of the accused. If the accused was tried in absentia because he jumped bail or escaped from prison. The proper clerk of court shall give notice to the accused personally or through his bondsman or warden and counsel. the judgment may be pronounced in the presence of his counsel or representative. judgment may be validly promulgated in absentia BY: MA. the notice to him shall be served at his last known address. Therefore.CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 93 of 120 an offense charged is necessarily included in the offense proved. provided. if the accused fails to attend the promulgation. however. he shall be allowed to avail of said remedies within fifteen (15) days from notice.

it is valid promulgation LECTURE NOTES: 1. or has applied for probation. It was wrong since what was only promulgated was judgment regarding the civil liability when it should have promulgated judgment on both the civil and criminal liability  So on the question on whether or not it is invalid promulgation to only read the dispositive portion. Within fifteen (15) days from promulgation of judgment. Appeal 2. be modified or set aside before it becomes final or before appeal is perfected.CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 94 of 120 WHAT HAPPENS IF ONLY THE DISPOSITIVE PORTION OF THE JUDGMENT IS READ TO THE ACCUSED?  The first jeopardy will not validly attach  The judgment must be promulgated in its entirety. Promulgation must be in its entirety. unless the court that rendered the decision changed the nature of the offense from non-bailable to bailable. When the accused has been convicted of a light offense. Judgment may be promulgated in front of the counsel or representative of the accused 2. the accused may surrender and file a motion for leave of court to avail of these remedies. however.  The court promulgating the judgment can also accept notices of appeal and applications for bail. or when the accused has waived in writing his right to appeal. a judgment becomes final after the lapse of the period for perfecting an appeal. Whereas before modification may be made upon the motion of the Fiscal. – A judgment of conviction may. Probation 3. the judgment may be promulgated by the executive judge of the Regional Trial Court having jurisdiction over the place of confinement or detention upon request of the court. 4. When the trial was held in absentia because either the accused jumped bail or escaped confinement IF THE PROMULGATION OF JUDGMENT MUST BE IN ITS ENTIRETY. the application for bail can only be filed and resolved by the appellate court. in which case. WHEN MAY A JUDGMENT OF CONVICTION BE MODIFIED OR SET ASIDE BY THE COURT THAT RENDERED IT? BY: MA. Parole Motion for new trial or reconsideration Suspension of sentence WHAT ARE THE INSTANCES WHEN JUDGMENT MAY BE PROMULGATED DESPITE THE ABSENCE OF ACCUSED? 1.  If the judgment is for conviction and the failure of the accused to appear was without justifiable cause. AGUINALDO ATENEO LAW 2010 . the criminal case wouldn’t have been validly terminated and double jeopardy as a defense cannot attach WHERE SHOULD JUDGMENT BE PROMULGAGED IF THE ACCUSED IS CONFINED IN A PROVINCE OUTSIDE OF THE TERRITORIAL JURISDICTION OF THE COURT?  If the accused is confined or detained in another province or city. ANGELA LEONOR C. which rendered the judgment. 7. NOTE: This provision changed the previous rulings of the SC. he shall lose the remedies available in these rules against the judgment and the court shall order his arrest. CA held that the promulgation of judgment was wrong not because only the dispositive portion was read. the case of Quizon v. now it can only be modified or set aside upon motion of the accused. There is a difference between judgment in criminal and civil cases. Sec. WHAT HAPPENS IF THE ACCUSED FAILS TO APPEAR ON THE DATE OF PROMULGATION OF JUDGMENT DESPITE NOTICE?  In case the accused fails to appear at the scheduled date of promulgation of judgment despite notice. upon motion of the accused. not just the dispositive portion  Otherwise. Modification of judgment. He shall state the reasons for his absence at the scheduled promulgation and if he proves that his absence was for a justifiable cause. he shall be allowed to avail of said remedies within fifteen (15) days from notice WHAT ARE THE REMEDIES THAT THE ACCUSED CANNOT AVAIL OF WHEN JUDGMENT IS PROMULGATED IN ABSENTIA? 1. Except where the death penalty is imposed. or when the sentence has been partially or totally satisfied or served. the promulgation shall be made by recording the judgment in the criminal docket and serving him a copy thereof at his last known address or thru his counsel. THEN DOES IT MEAN THE PROMULGATION OF JUDGMENT IN ERAP’S CASE NOT VALID?  It is valid  To clarify. 5. 2.

If the offender has previously enjoyed a suspension of sentence 2. Sec. – Nothing in this rule shall affect any existing provisions in the laws governing suspension of sentence. AGUINALDO ATENEO LAW 2010 . — The benefits of this Decree shall not be extended to those: (a) sentenced to serve a maximum term of imprisonment of more than six years. at the time of sentencing. A 16-YEAR-OLD WAS CHARGED WITH THEFT. (b) convicted of subversion or any crime against the national security or the public order. the trial court may. Upon motion of the accused 2. AFTER HEARING. 2. the court should automatically suspend the sentence and commit the minor to the DSWD or other institution until he reaches the age of majority  The exception to the suspension of sentence in case of youthful offenders are— 1. — Subject to the provisions of this Decree. 968 is hereby amended to read as follows: "Sec. there is an automatic review by the appellate court Sec. JUDGMENT BECOMES FINAL: 1. instead of promulgating judgment of conviction. the offender is already of age. – After a judgment has become final. probation and parole not affected by this Rule. X. 9. That no application for probation shall be entertained or granted if the defendant has perfected the appeal from the judgment of conviction. Grant of Probation. Existing provisions governing suspension of sentence. Provided. Before judgment has become final or appeal has been perfected Sec. WHAT SHOULD THE COURT DO?  The court should determine the imposable penalty including the civil liability  However. WHEN DOES A JUDGMENT BECOME FINAL? EXCEPT IN CASES WHERE DEATH PENALTY IS IMPOSED. suspend the execution of the sentence and place the defendant on probation for such period and upon such terms and conditions as it may deem best.  If the offender is convicted of an offense punishable by death or life imprisonment 3. ANGELA LEONOR C. (d) who have been once on probation under the provisions of this Decree. When the accused has applied for probation WHAT ARE THE ENTRIES MADE WHEN AN ENTRY OF JUDGMENT IS RECORDED IN THE BOOK OF CRIMINAL ENTRIES OF JUDGMENT? IS IT ABSOLUTE WHEN THE PERIOD OF APPEAL HAS ELAPSED. even if he was a minor at the time of the commission of the offense Section 1. and upon application by said defendant within the period for perfecting an appeal. it shall be entered in accordance with Rule 36. When the accused has expressly waived in writing his right to appeal 4. Section 4 of Presidential Decree No." WHEN SHOULD AN ADULT OFFENDER APPLY FOR PROBATION?  The offender should apply for probation after conviction within the period for perfecting an appeal CAN THE DEFENDANT STILL FILE FOR PROBATION IF HE HAS ALREADY PERFECTED AN APPEAL?  An application for probation may not be filed if the defendant has already perfected an appeal from the judgment of conviction BY: MA. and (e) who are already serving sentence at the time the substantive provisions of this Decree became applicable pursuant to Section 33 hereof. 9. 968 is hereby amended to read as follows: "Sec. After the lapse of time for perfecting an appeal 2. If the offender is convicted by a military tribunal This doesn’t apply if. 4. THE JUDGMENT HAS BECOME FINAL?  No  At instances when the death penalty is imposed.CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 95 of 120 A JUDGMENT OF CONVICTION MAY BE MODIFIED OR SET ASIDE BY THE COURT THAT RENDERED IT: 1. Disqualified Offenders. 8. probation or parole. (c) who have previously been convicted by final judgment of an offense punished by imprisonment of not less than one month and one day and/or a fine of not less than Two Hundred Pesos. THE COURT FOUND THAT HE COMMITTED THE ACTS CHARGED. Entry of judgment. Section 9 of Presidential Decree No. When the sentence has been partially or totally satisfied 3. after it shall have convicted and sentenced a defendant.

In those cases where the penalty is a fine. probation period should not be less than 10 days and not more than 20 days. at which time the court shall inform the offender of the consequences thereof and explain that upon his failure to comply with any of the conditions.  In this instance. the court should order the arrest of the probationer so that he can serve the sentence originally imposed. Once it is revoked. probation shall not exceed 6 years 3. AGUINALDO ATENEO LAW 2010 . the court may in its discretion. CAN THE DEFENDANT APPEAL FROM AN ORDER DENYING THE APPLICATION FOR PROBATION?  No. ANGELA LEONOR C.CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 96 of 120  Once the appeal is perfected. probation shall not exceed 2 years 2. WHAT IS THE COURT MANDATED TO DO BEFORE PLACING AN ACCUSSED FOR PROBATION?  The court should order a post sentence investigation to determine whether the ends of justice and the best interest of the public will be served by the grant of probation WHAT IS THE SIGNIFICANCE OF POST SENTENCE INVESTIGATION?  The significance is that it serves as the informational basis for the court’s decision to grant or deny the probation to qualified offenders WITHIN WHAT PERIOD SHOULD THE PROBATION OFFICER SUBMIT HIS REPORT ON A DEFENDANT IN A POST SENTENCE INVESTIGATION?  The investigation report must be submitted with the court not later than 60 days from receipt of the order of said court to conduct said investigation WHEN SHOULD PROBATION? THE COURT DENY THE APPLICATION FOR The offender is in need of correctional treatment that can be provided most effectively by his commitment to an institution There is undue risk that during the period of probation the offender will commit another crime Probation will depreciate the seriousness of the offense committed WHEN DOES THE PROBATION ORDER TAKE EFFECT?  A probation order shall take effect upon its issuance. the period of probation shall not be less than nor be more than twice the total number of days of subsidiary imprisonment. IS THE GRANT OF PROBATION A MATTER OF RIGHT UPON APPLICATION OF THE DEFENDANT?  No. probation or suspension of sentence becomes relevant. and the defendant cannot pay. The filing of an application for probation is deemed a waiver to the right to appeal. 2. CAN THE GRANT OF PROBATION BE REVOKED?  Yes. it may no longer be withdrawn to apply for probation 1. it is a mere privilege and the grant is discretionary upon the court CAN THERE BE PROBATION IF THE PENALTY IS MERELY A FINE?  Yes. If the defendant was sentenced to imprisonment of not more than one year. If the term of imprisonment is more than 1 year. UPON THE LAPSE OF THE PERIOD OF PROBATION. he shall serve the penalty imposed for the offense WHAT IS THE EFFECT OF PROBATION ON THE CIVIL LIABILITY OF THE ACCUSED?  Probation doesn’t release civil liability  However. CAN THE DEFENDANT STILL APPEAL IF HE HAS FILED FOR PROBATION?  No. If the penalty is only a fine and the offender is made to serve subsidiary imprisonment in case of insolvency. if the subsidiary imprisonment is 10 days. For example.  The period of probation is not deducted from the penalty imposed. 3. Probation is revocable before the final discharge of the probationer by the court for violation of any of its conditions. IS THE CASE AGAINST THE PROBATIONER AUTOMATICALLY TERMINATED? BY: MA. provide for the manner of payment of the civil liability by the accused during the period of probation WHAT IS THE DURATION OF THE PERIOD OF PROBATION? PROBATION SHALL HAVE THE FOLLOWING PERIODS IN THE INSTANCES BELOW: 1. he has to serve subsidiary imprisonment.

Only upon issuance of this order is the case terminated. RECONSIDERATION. There must be judgment of conviction 2. with the consent of the accused WHAT IS THE EFFECT IF NUMBERS 2 AND 3 OF THE REQUISITES ABOVE ARE NOT ATTENDANT?  The motion should be denied outright WHAT IS THE PURPOSE OF A NEW TRIAL?  It is to temper the severity of a judgment or prevent the failure of justice DISTINGUISH BETWEEN A NEW TRIAL AND RECONSIDERATION NEW TRIAL MOTION FOR RECONSIDERATION Reopens the case after judgment Doesn’t open the case for further has been rendered. in order to allow proceedings reception of new evidence and further proceedings The court is merely asked to reconsider its finding of law in order Only proper after rendition or to make them comformable to the promulgation of judgment law applicable to the case DISTINGUISH AMONG NEW TRIAL. the court has to order the final discharge of the probationer upon finding that he has fulfilled the terms and conditions of his probation. – At any time before a judgment of conviction becomes final. AGUINALDO ATENEO LAW 2010 .NEW TRIAL OR RECONSIDERATION Section 1. on motion of the accused or at its own instance but with the consent of the accused. Section 24. WHAT ARE THE REQUISITES FOR THE MOTION FOR RECONSIDERATION UNDER THIS RULE? TO FILE A MOTION FOR RECONSIDERATION. WHAT ARE THE GROUNDS FOR A NEW TRIAL? A PARTY MAY MOVE FOR NEW TRIAL ON THE FOLLOWING GROUNDS: 1. WHAT IS THE EFFECT OF THE FINAL DISCHARGE?  IT shall operate to restore the probationer to all civil rights lost or suspended as a result of his conviction  He is also discharged fully of his liability for any fine imposed as to the offense for which probation was granted RULE 121 . but before parties judgment. After the period of probation. There has been no judgment rendered yet. the court may. grant a new trial or reconsideration. accident. (b) That new and material evidence has been discovered which the accused could not with reasonable diligence have discovered and produced at the trial and which if introduced and admitted would probably change the judgment. newlydiscovered evidence are the only grounds There has to be a motion that has to be filed The judge may motu propio act Sec. It is still possible to have trials or hearings. AND MOTION TO REOPEN TRIAL NEW TRIAL RECONSIDERATION MOTION TO REOPEN TRIAL Proper only after No longer any new trial May properly be rendition or or hearing that will presented only after promulgation of take place and the either both parties judgment but has not judgment will be based have formally offered been final on the pleadings and closed their submitted by the evidence. Grounds for a new trial. – The court shall grant a new trial on any of the following grounds: (a) That errors of law or irregularities prejudicial to the substantial rights of the accused have been committed during the trial. Errors of law or irregularities prejudicial to the substantial rights of the accused have been committed during the trial 2. Such judgment hasn’t become final 3.CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 97 of 120   NO. ANGELA LEONOR C. Rule 119 Miscarriage of justice Fraud. 2. That new and material evidence has been discovered which the accused couldn’t with reasonable diligence have discovered and BY: MA. THE FOLLOWING ARE THE REQUISITES: 1. The motion must be at the instance of the accused or by the court motu proprio. mistake and excusable negligence. New trial or reconsideration.

the original testimony should be given more credence. the exception to this rule is when aside from the testimony of the retracting witness. or impeaching 4. The reason was that the evidence disproving paternity could have been discovered and produced at the trial with the exercise of reasonable diligence  Even if a particular circumstance isn’t included among those enumerated under Section 2 of Rule 121 as a specific grounds in granting a new trial or reconsideration. In this case. unless it is shown that there is no other evidence sustaining the judgment of conviction except the testimony of the retracting witness. ANGELA LEONOR C. The evidence is material. doesn’t meet the criteria for newly discovered evidence that would grant a new trial. though was subsequently discovered after trial. retractions are easy to extort out of witnesses. DISTINGUISH DESISTANCE BETWEEN RECANTATION AND AFFIDAVIT OF RECANTATION A witness who previously gave a testimony subsequently declares that his statement were not true AFFIDAVIT OF DESISTANCE The complainant states that he didn’t really intend to institute the case and he is no longer interested in testifying or prosecuting It is only 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 the offended party CAN THE ACCUSED MOVE FOR A NEW TRIAL IF HE HAS FOUND EVIDENCE THAT WOULD IMPEACH THE TESTIMONY GIVEN BY THE PROSECUTION WITNESS?  No. In contrast. and with the opportunity to cross-examine. AGUINALDO ATENEO LAW 2010 . not merely cumulative. in the presence of a judge. Such evidence couldn’t have been discovered and produced at the trial even with the exercise of reasonable diligence 3. Moreover. there is no other evidence to support the conviction of the accused. A new trial may be granted. evidence which merely seeks to impeach the evidence upon which the conviction was based will not constitute grounds for new trial. Ground for reconsideration. The evidence must go into the merits. Therefore. 3. But if there is other evidence independent of the retracted testimony. there can be no new trial.  However. – The court shall grant BY: MA. the retraction by the sole witness creates a doubt in the mind of the judge as to the guilt of the accused. such that it would produce a different result if admitted WHAT IS A RECANTATION? IS IT A GROUND FOR NEW TRIAL?  A recantation is the renunciation or formal and public withdrawal of a prior statement of a witness  It isn’t a ground for granting a new trial because it makes a mockery of the court and would place the investigation of truth at the mercy of unscrupulous witnesses. their previous statements are made under oath. corroborative.CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 98 of 120 produced at the trial and which if introduced and admitted would probably change the judgment ARE THE MISTAKES OF COUNSEL IN CONDUCTING THE CASE VALID GROUNDS FOR A MOTION FOR NEW TRIAL?  No  The mistakes of counsel generally bind the client. Section 6 on the effects thereof considers the interest of justice as a gauge in the introduction of additional evidence Sec. The evidence must have been discovered after trial 2.  It has to be material evidence WHEN IS EVIDENCE CONSIDERED TO BE MATERIAL?  It is material if there is reasonable likelihood that the testimony or evidence could have been produced a different result and the accused would have been acquitted NOTES:  In the case of IN RE: WRIT OF HABEAS CORPUS FOR REYNATO DE VILLA—the court held that the DNA evidence. unless he misrepresented himself as a lawyer when he was in fact not one  A new trial may also be granted where 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 serious WHAT ARE THE REQUISITES FOR GRANTING A NEW TRIAL ON THE GROUND OF NEWLY DISCOVERED EVIDENCE? THE REQUISITES ARE THE FOLLOWING: 1.

since the original judgment is set aside and replaced with a new one RULE 122 . (c) In all cases. all the proceedings and evidence affected thereby shall be set aside and taken anew. If it is based on errors of law or irregularities committed during the trial. the original judgment shall be set aside or vacated and a new judgment rendered accordingly. AGUINALDO ATENEO LAW 2010 . Who may appeal. Where to appeal. a trial de novo ensues. 2. it becomes part of due process. WHAT ARE THE GROUNDS FOR RECONSIDERATION?  Errors of law and fact in the judgment WHAT IS THE FORM REQUIRED FOR A MOTION FOR NEW TRIAL OR MOTION FOR RECONSIDERATION? A MOTION FOR NEW TRIAL OR RECONSIDERATION SHOULD BE OF THE FORM BELOW: 1. unless the accused will be placed in double jeopardy. the court may hear evidence thereon by affidavits or otherwise. Notice of the motion for new trial or reconsideration should be given to the prosecutor. which requires no further proceedings. in the interest of justice. when the court grants new trial or reconsideration. Sec. The court may. the motion must be supported by affidavits of witnesses by whom such evidence is expected to be given or by duly authenticated copies of documents which are proposed to be introduced in evidence. WHAT IS THE EFFECT OF THE GRANT OF THE MOTION FOR NEW TRIAL? THE GRANT OF THE MOTION HAS THE FOLLOWING EFFECTS: 1. If the ground invoked for the motion for new trial is newly discovered evidence. Effects of granting a new trial or reconsideration. It must state the grounds on which it is based 3.APPEAL Section 1. – The motion for new trial or reconsideration shall be in writing and shall state the grounds on which it is based. allow to be introduced shall be taken and considered together with the evidence already in the record. in the interest of justice. allow the introduction of additional evidence. the evidence already adduced will stand. – Any party may appeal from a judgment or final order. Sec. This means that all the proceedings and evidence affected by the error or irregularity will be set aside. If based on a newly-discovered evidence. the evidence already adduced shall stand and the newlydiscovered and such other evidence as the court may.CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 99 of 120 reconsideration on the ground of errors of law or fact in the judgment. In all cases—whether the court grants new trial or reconsideration—the original judgment shall be set aside or vacated and a new judgment rendered WHY IS THE ACCUSED NOT SUBJECTED TO DOUBLE JEOPARDY WHEN A NEW TRIAL OR RECONSIDERATION IS GRANTED?  First. (b) When a new trial is granted on the ground of newly-discovered evidence. If it is based on the ground of newly discovered evidence. Form of motion and notice to the prosecutor. allow the introduction of additional evidence. the first jeopardy is never terminated. The newly discovered evidence and whatever other evidence the court will allow to be introduced shall be taken and considered together with the evidence already on record 3. 2. The court may. IS APPEAL PART OF DUE PROCESS?  Appeal is a purely statutory and isn’t part of due process except when provided by law  If the right to appeal is granted by law. 4. Sec. ANGELA LEONOR C. because it is only granted upon motion of the accused  Second. in the interest of justice. Notice of the motion for new trial or reconsideration shall be given to the prosecutor. It must be in writing 2. It is compellable by mandamus. Sec. and it must be exercised in accordance with the procedure laid down by law. Hearing on motion. the motion 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. 6. 4. – The appeal may be taken as follows: BY: MA. – The effects of granting a new trial or reconsideration are the following: (a) When a new trial is granted on the ground of errors of law or irregularities committed during the trial. 5. – Where a motion for new trial calls for resolution of any question of fact.

(d) No notice of appeal is necessary in cases where the death penalty is imposed by the Regional Trial Court. the appeal should be made with the RTC  If the case was decided by the RTCs. ANGELA LEONOR C. Again. The same shall be automatically reviewed by the Supreme Court as provided in section 10 of this Rule. or where a lesser penalty is imposed on offenses committed on the same BY: MA.CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 100 of 120 (a) To the Regional Trial Court.  This prohibition is also applicable with regard a judgment of conviction. WHERE DOES ONE FILE AN APPEAL?  If the case was decided by the MTCs. or to the Court of Appeals in cases decided by the Regional Trial Court in the exercise of its original jurisdiction. reclusion perpetua. Sec. life imprisonment and death RTC in the exercise of its appellate jurisdiction 3 CA File a petition for review with the CA in accordance with Rule 42 File a notice of appeal with the RTC and serve a copy of the notice to the adverse party 4 CA RTC where the penalty imposed is reclusion perpetua or life imprisonment. AGUINALDO ATENEO LAW 2010 . in cases decided by the Court of Appeals. However. HOW IS APPEAL TAKEN? APPEAL TO FROM THE DECISION OF 1 RTC MTC. 3. the appeal should be filed with the SC CAN THE PROSECUTION APPEAL A JUDGMENT OF ACQUITTAL?  No  Judgment of acquittal becomes final immediately after promulgation  It cannot even be subject of certiorari  Reason for the rule? An appeal would place the accused in double jeopardy. or life imprisonment is imposed. How appeal taken. Municipal Trial Court in Cities. shall be by filing a notice of appeal in accordance with paragraph (a) of this section. (b) To the Court of Appeals or to the Supreme Court in the proper cases provided by law. (b) The appeal to the Court of Appeals in cases decided by the Regional Trial Court in the exercise of its appellate jurisdiction shall be by petition for review under Rule 42. in cases decided by the Metropolitan Trial Court. (c) The appeal to the Supreme Court in cases where the penalty imposed by the Regional Trial Court is reclusion perpetua. – (a) The appeal to the Regional Trial Court. or where a lesser penalty is imposed but for offenses committed on the same occasion or which arose out of the same occurrence that gave rise to the more serious offense for which the penalty of death. the appeal should be made with the CA or SC in proper cases provided by law  If the case was decided by the CA. all other appeals to the Supreme Court shall be by petition for review on certiorari under Rule 45. or life imprisonment. Municipal Trial Court. Except as provided in the last paragraph of section 13. and (c) To the Supreme Court. shall be taken by filing a notice of appeal with the court which rendered the judgment or final order appealed from and by serving a copy thereof upon the adverse party.  REMEMBER THAT THE ONLY THING THAT COULD BE APPEALED IS THE CIVIL ASPECT. in cases decided by the Regional Trial Court. the offended party may appeal the civil aspect of the case. from a case decided in its original jurisdiction 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 2 CA RTC in the exercise of its original jurisdiction for an imposed penalty less than reclusion perpetua. Rule 124. the accused will be placed in double jeopardy. or Municipal Circuit Trial Court.

This is not a substantive right but only procedural.CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 101 of 120 occasion or which arose out of the same occurrence that gave rise to the offense punishable by death. – If personal service of the copy of the notice of appeal can not be made upon the adverse party or his counsel. 6. Waiver of notice. Rule 42 on petitions for review from the Regional Trial Courts to the Court of Appeals. The SC is mandated by the Constitution anyhow to adopt rules of procedure. GR 141524. motion for reconsideration (whether full or partial) or any final order or resolution. File a notice of appeal “To standardize the appeal periods provided in the Rules and to afford litigants fair opportunity to appeal their cases. service may be done by registered mail or by substituted service pursuant to sections 7 and 8 of Rule 13. He is placed in a better position. CA.” “Henceforth. *WASN’T THIS TANTAMOUNT TO THE COURT CHANGING THE CONSTITUTION? No. it is submitted that such if the Court has applied this rule to all other appeals involving civil cases. The accused is given another level to review his case. this “fresh period rule” shall also apply to Rule 40 governing appeals from the Municipal Trial Courts to the Regional Trial Courts. September 14. The appellate court may. or life imprisonment By automatic review Sec. ponente was Justice Vitug. Service of notice of appeal. to be counted from receipt of the order denying the motion for new trial.[32] The new rule aims to regiment or make the appeal period uniform. Rule 43 on appeals from quasi-judicial agencies[31] to the Court of Appeals and Rule 45 governing appeals by certiorari to the Supreme Court. WHEN IS APPEAL PERFECTED? 6 SC Petition for under Rule 45 review 7 8 SC SC Petition for review under Rule 45 By automatic review 9 SC 10 SC File a notice of appeal *These changes took place in the case of People v. ANGELA LEONOR C. 5. 2005. Mateo. with more reason should the defendant in a criminal case be given ample time to file his appeal. reclusion perpetua or life imprisonment 5 CA RTC where penalty imposed is death All other appeals. When appeal to be taken. BY: MA. Sec. counted from receipt of the order dismissing a motion for a new trial or motion for reconsideration. except the two cases above Sandiganbayan Sandiganbayan in its original jurisdiction where penalty imposed is death Sandiganbayan in its original jurisdiction where penalty is imposed is life imprisonment or reclusion perpetua Sandiganbayan in its appellate jurisdiction where penalty imposed is death.” Although the SC has made this ruling on a civil case. entertain an appeal notwithstanding failure to give such notice if the interests of justice so require. in its discretion. the Court deems it practical to allow a fresh period of 15 days within which to file the notice of appeal in the Regional Trial Court. reclusion perpetua. NOTE: The period of appeal seems to have been amended by the SC ruling in Domingo Neypes v. AGUINALDO ATENEO LAW 2010 . – An appeal must be taken within fifteen (15) days from promulgation of the judgment or from notice of the final order appealed from. – The appellee may waive his right to a notice that an appeal has been taken. There is no amendment to the Constitution. This period for perfecting an appeal shall be suspended from the time a motion for new trial or reconsideration is filed until notice of the order overruling the motion has been served upon the accused or his counsel at which time the balance of the period begins to run. Sec. 4.

When filed by the People of the Philippines. Prayer Appellee’s brief: counterstatement of facts *The brief/memorandum must point to the court that it erred in the:  Misappreciation of facts  Rulings not supported by the evidence to prove moral certainty of WHAT IS THE EFFECT OF PERFECTION OF AN APPEAL?  When an appeal has been perfected. shall specify in writing. the clerk of court of the Regional Trial Court shall notify the parties of such fact. Arguments in support of appeal 7. The other copy of the transcript shall remain in the lower court. Material dates—to find out if appeal was made within Disadvantage in the appellate reglementary period court—cannot observe the a. – Within five (5) days from the filing of the notice of appeal. Decision being appealed must highlight the error from 6. 8. BY: MA. the Regional Trial Court shall decide the case on the basis of the entire record of the case and of such memoranda or briefs as may have been filed. the trial court shall direct the stenographic reporter to transcribe his notes of the proceedings. ANGELA LEONOR C. transcripts and exhibits.CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 102 of 120  Appeals in criminal cases are perfected when the interested party or parties have personally or through their attorney filed with the clerk of court a written notice expressly stating the appeal Sec. shall also be transmitted to the clerk of the appellate court without undue delay. which shall consist of the original and four copies. Facts upon which judgment sustains the trial court was based  Counsel of the appellant 5. The stenographic reporter shall certify to the correctness of the notes and the transcript thereof. file with the clerk the original and four copies of the duly certified transcript of his notes of the proceedings. The original and three copies of the transcript of stenographic notes. If death penalty is imposed. the court a quo loses jurisdiction WHAT IS THE DIFFERENCE BETWEEN THE APPEAL OF A JUDGMENT AND THE APPEAL OF AN ORDER?  The appeal from judgment must be perfected within 15 days from promulgation  The appeal from an order should be perfected within 15 days from notice of final order Sec. DISTINGUISH A BRIEF FROM A MEMORANDUM BRIEF MEMORANDUM A complete statement of facts of the Summary that the party would case make at the last minute. Sec. AGUINALDO ATENEO LAW 2010 . together with the records. – When notice of appeals is filed by the accused. Title of the case Sometimes a case is won through a 2. (b) Upon receipt of the complete record of the case. upon motion. the trial court shall direct the stenographic reporter to transcribe such portion of his notes of the proceedings as the court. (c) Within fifteen (15) days from receipt of said notice. 9. When appeal was weight made  Usually the appellate court 4. lays down the principles and authorities Appellant’s brief: contents 1. or upon the expiration of the period to file the same. Appeal to the Regional Trial Courts. Transcribing and filing notes of stenographic reporter upon appeal. 7. Transmission of papers to appellate court upon appeal. the stenographic reporter shall. together with said notice. and shall file said original and four copies with the clerk without unnecessary delay. the clerk of court shall transmit the original record to the appropriate Regional Trial Court. Crime charged memorandum 3. – (a) Within five (5) days from perfection of the appeal. or may be required by the Regional Trial Court to do so. within thirty (30) days from promulgation of the sentence. No extension of time for filing of said transcript of stenographic notes shall be granted except by the Supreme Court and only upon justifiable grounds. 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. the parties may submit memoranda or briefs. After the submission of such memoranda or briefs. When copy of demeanor of the witness judgment is  Findings of fact of the trial received court are given greater b.

Appointment of counsel de officio for accused on appeal. Withdrawal of appeal. or Municipal Circuit Trial Court to withdraw his appeal. ANGELA LEONOR C. 13. Metropolitan Trial Court. The Regional Trial Court may also. – The procedure to be observed in the Metropolitan Trial Courts. allow the appellant from the judgment of a Metropolitan Trial Court. may allow the appellant to withdraw his appeal before the record has been forwarded by the clerk of court to the proper appellate court as provided in section 8. AGUINALDO ATENEO LAW 2010 . in which case.Notwithstanding perfection of the appeal. except where a particular provision applies only to either of said courts and in criminal cases governed by the Revised Rule on Summary Procedure. if confined in prison. Municipal Trial Court. except insofar as the judgment of the appellate court is favorable and applicable to the latter. the judgment shall become final. CAN AN APPEAL THAT HAS ALREADY BEEN PERFECTED BE WITHDRAWN BY THE APPELLANT?  If the records have not yet been transmitted to the appellate court. in its discretion. Municipal Trial Court in Cities. Transmission of records in case of death penalty. Municipal Trial Court in Cities.CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 103 of 120 guilt Sec. A AND B WERE CONVICTED OF MURDER. the duty of counsel de officio doesn’t terminate upon judgment of the case  It continues until appeal RULE 123 . or Municipal Circuit Trial Court. 11. the Regional Trial Court. then it should affect him  If the decision would not benefit him. the court that rendered the judgment has the discretion to allow the appellant to withdraw the appeal  If the appeal is withdrawn. the judgment shall become final  If the records have already been transmitted to the appellate court.  If the decision of the appellate court should be beneficial to B. in which case the judgment of the court of origin shall become final and the case shall be remanded to the latter court for execution of the judgment. BY: MA. Effect of appeal by any of several accused. (b) The appeal of the offended party from the civil aspect shall not affect the criminal aspect of the judgment or order appealed from. Municipal Trial Court. provided a motion to that effect is filed before rendition of the judgment in the case on appeal. It shall be the duty of the clerk of court of the trial court. upon filing of a notice of appeal to ascertain from the appellant. 10. and not only before the judgment is rendered in the case of appeal Sec. a certificate of compliance with this duty and of the response of the appellate to his inquiry. – (a) An appeal taken by one or more of several accused shall not affect those who did not appeal. whether he desires the Regional Trial Court. SHOULD THE DECISION OF THE APPELLATE COURT BIND B?  It depends. . as the case may be. the records shall be forwarded to the Supreme Court for automatic review and judgment within five (5) days after the fifteenth (15) day following the promulgation of the judgment or notice of denial of a motion for new trial or reconsideration. the execution of the judgment or final order appealed from shall be stayed as to the appealing party. it shouldn’t bind him WHAT IS THE EFFECT OF THE APPEAL BY THE OFFENDED PARTY OF THE CIVIL ASPECT OF THE JUDGMENT ON THE CRIMINAL ASPECT?  Nothing Sec. Sec. (c) Upon perfection of the appeal.PROCEDURE IN THE MUNICIPAL TRIAL COURTS Section 1. 12. Municipal Trial Courts and Municipal Circuit Trial Courts shall be the same as in the Regional Trial Courts. – In all cases where the death penalty is imposed by the trial court. Uniform Procedure. The transcript shall also be forwarded within ten (10) days after the filing thereof by the stenographic reporter. IS COUNSEL DE OFFICIO STILL REQUIRED TO REPRESENT HIS CLIENT ON APPEAL?  Yes. ONLY A APPEALED FROM THE CONVICTION. Court of Appeals or the Supreme Court to appoint a counsel de officio to defend him and to transmit with the record on a form to be prepared by the clerk of court of the appellate court. only the appellate court may decide whether to grant the motion to withdraw the appeal.

except when the offense cannot be prosecuted de oficio. the Municipal Trial Courts in Cities. How commenced.000. such cases shall be commenced only by information. that in Metropolitan Manila and in Chartered Cities. — The filing of criminal cases falling within the scope of this Rule shall be either by complaint or by information: Provided. that in offenses involving damage to property through criminal negligence. nor to a criminal case where the offense charged is necessarily related to another criminal case subject to the ordinary procedure. Violations of the rental law 3. (3) Violations of municipal or city ordinances. 11. this Rule shall govern where the imposable fine does not exceed ten thousand pesos (P10. This Rule shall not apply to a civil case where the plaintiffs cause of action is pleaded in the same complaint with another cause of action subject to the ordinary procedure. and the Municipal Circuit Trial Courts in the following cases falling within their jurisdiction: xxx xxx xxx B. — Upon the filing of a civil or criminal action. that in offenses involving damage to property through criminal negligence. the case may be dismissed. rules and regulations 2. I. Scope. accessory or otherwise. or of the civil liability arising therefrom: Provided. Criminal Cases: (1) Violations of traffic laws. Sec. or a fine not exceeding (P1. ANGELA LEONOR C. (4) All other criminal cases where the penalty prescribed by law for the offense charged is imprisonment not exceeding six months.00). Violations of municipal or city ordinances 4. however.000.00).000. If this requirement is not complied with within five (5) days from date of filing. Applicability Section 1. irrespective of other imposable penalties. (2) Violations of the rental law. All other criminal cases where the penalty prescribed by law for the offense charged is imprisonment not exceeding six months. MUNICIPAL TRIAL COURTS AND MUNICIPAL CIRCUIT TRIAL COURTS. rules and regulations. Criminal Cases Sec. such cases BY: MA. Violations of traffic laws. 1991 PROVIDING FOR THE REVISED RULE ON SUMMARY PROCEDURE FOR METROPOLITAN TRIAL COURTS. or a fine not exceeding (P1. MUNICIPAL TRIAL COURTS IN CITIES. 2. AGUINALDO ATENEO LAW 2010 . — This rule shall govern the summary procedure in the Metropolitan Trial Courts. xxx xxx xxx III. The complaint or information shall be accompanied by the affidavits of the compliant and of his witnesses in such number of copies as there are accused plus two (2) copies for the court's files. the Municipal Trial Courts.000.00). or both. however. this Rule shall govern where the imposable fine does not exceed ten thousand pesos (P10. that in Metropolitan Manila and in Chartered Cities.CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 104 of 120 WHAT IS SUMMARY PROCEDURE?  Procedure wherein the court decides the case through the evidence and affidavits presented by the parties RESOLUTION OF THE COURT EN BANC DATED OCTOBER 15. or both. or of the civil liability arising therefrom: Provided. A patently erroneous determination to avoid the application of the Rule on Summary Procedure is a ground for disciplinary action. however. accessory or otherwise. WHAT ARE THE CRIMINAL CASES FALLING UNDER THE RULES OF SUMMARY PROCEDURE? 1. Determination of applicability.00). irrespective of other imposable penalties. HOW IS A CRIMINAL CASE COMMENCED IN A SUMMARY PROCEDURE?  The filing of criminal cases falling within the scope of this Rule shall be either by complaint or by information: Provided. the court shall issue an order declaring whether or not the case shall be governed by this Rule. however.

A refusal or failure to stipulate shall not prejudice the accused. shall require the accused to submit his counteraffidavit and the affidavits of his witnesses as well as any evidence in his behalf. or such other matters may be taken up to clarify the issues and to ensure a speedy disposition of the case. together with copies of the affidavits and other evidence submitted by the prosecution. the court may dismiss the case outright for being patently without basis or merit and order the release of the accused if in custody. except when the offense cannot be prosecuted de oficio. the case may be dismissed accused for trial. — (a) If commenced by compliant. Witnesses who testified may be subjected to cross-examination. together with the affidavits and other evidence submitted by the prosecution. — When the case is commenced by information. Procedure of trial. The complaint or information shall be accompanied by the affidavits of the compliant and of his witnesses in such number of copies as there are accused plus two (2) copies for the court's files. redirect or re-cross examination. 13. — Should the court. Should the affiant fail to testify. Sec. he shall be immediately arraigned and if he enters a plea of guilty. WHAT SHOULD THE MTC FIRST DO WHENEVER INFORMATION IS FILED?  When the case is commenced by information. serving copies thereof on the complainant or prosecutor not later than ten (10) days from receipt of said order. no witness shall be allowed to testify unless his affidavit was previously submitted to the court in accordance with Section 12 hereof. However. — On the basis of the compliant and the affidavits and other evidence accompanying the same. the court shall set the case for arraignment and trial. — At the trial. the court shall issue an order which. ANGELA LEONOR C. WHEN DOES A PRELIMINARY CONFERENCE TAKE PLACE? WHAT HAPPENS DURING A PRELIMINARY CONFERENCE? Before conducting the trial. but the adverse party may utilize the same for any admissible purpose. or is not dismissed pursuant to the next preceding paragraph. 14. upon a consideration of the complaint or information and the affidavits submitted by both parties. Preliminary conference. the affidavits submitted by the parties shall constitute the direct testimonies of the witnesses who executed the same. the court shall call the parties to a preliminary conference during which— 1. (b) If commenced by information. 12. However. The propriety of allowing the accused to plead guilty to a lesser offense may be considered 3. or the propriety of allowing the accused to enter a plea of guilty to a lesser offense may be considered. If this requirement is not complied with within five (5) days from date of filing. Other matters as may be taken up to clarify the issues and to ensure a speedy disposition of the case Sec. The prosecution may file reply affidavits within ten (10) days after receipt of the counter-affidavits of the defense. he shall forthwith be sentenced. Duty of court. the court shall issue an order which. AGUINALDO ATENEO LAW 2010 . If the accused is in custody for the crime charged. 15.CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 105 of 120  shall be commenced only by information. should a party desire to present additional affidavits or counter-affidavits as part of his direct evidence. — Before conducting the trial. the court shall call the parties to a preliminary conference during which a stipulation of facts may be entered into. otherwise. find no cause or ground to hold the BY: MA. it shall order the dismissal of the case. Except in rebuttal or surrebuttal. no admission by the accused shall be used against him unless reduced to writing and signed by the accused and his counsel. Arraignment and trial. his affidavit shall not be considered as competent evidence for the party presenting the affidavit. Stipulation of facts may be entered into 2. he shall so Sec. SHALL REQUIRE THE ACCUSED TO SUBMIT HIS COUNTER-AFFIDAVIT AND THE AFFIDAVITS OF HIS WITNESSES AS WELL AS ANY EVIDENCE IN HIS BEHALF  Copies of the above shall be served thereof to the complainant or prosecutor not later than 10 days from receipt of said order  The prosecution may also be allowed to file reply affidavits within 10 days after receipt of the counter-affidavits of the defense Sec. or isn’t dismissed.

18. WHEN DOES THE COURT NEED TO PROMULGATE JUDGMENT?  Where a trial has been conducted. the accused may file his counter-affidavits and serve the same on the prosecution within three (3) days from such service. COMMON PROVISIONS Sec. (g) Petition for certiorari. the court shall promulgate the judgment not later than thirty (30) days after the termination of trial. ANGELA LEONOR C. Prohibited pleadings and motions. shall be dismissed without prejudice and may be revived only after such requirement shall have been complied with. Judgment.CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 106 of 120 manifest during the preliminary conference. (f) Memoranda. (k) Third party complaints. 17. 1508 where there is no showing of compliance with such requirement. mandamus. — The court shall not order the arrest of the accused except for failure to appear whenever required. If allowed by the court. the court shall promulgate the judgment not later than thirty (30) days after the termination of trial. or prohibition against any interlocutory order issued by the court. (d) Petition for relief from judgment. or failure to comply with the preceding section. CAN THE MTC REFER THE CASE TO THE LUPON?  Yes  The exception is when the accused has been arrested without warrant. Release of the person arrested shall either be on bail or on recognizance by a responsible citizen acceptable to the court. motions or petitions shall not be allowed in the cases covered by this Rule: (a) Motion to dismiss the complaint or to quash the complaint or information except on the ground of lack of jurisdiction over the subject matter. (b) Motion for a bill of particulars. IV. (i) Dilatory motions for postponement. Arrest of accused. If the additional affidavits are presented by the prosecution. WHAT HAPPENS WHEN THERE HAS BEEN NO COMPLIANCE WITH THE REQUIREMENT THAT THERE SHOULD BE FIRST CONCILIATION PROCEEDINGS IN THE LUPON?  The court may dismiss the case without prejudice  It may also revive the case only after such requirement shall have been complied with  This provision shall not apply in criminal cases wherein the accused has been arrested lawfully without a warrant of arrest. — The following pleadings. (c) Motion for new trial. Referral to Lupon. 19. BY: MA. 16. — Where a trial has been conducted. IF AN ACCUSED IS CHARGED IN THE MUNICIPAL TRIAL COURT. (e) Motion for extension of time to file pleadings. Sec. (j) Reply. or for reconsideration of a judgment. the additional affidavits of the prosecution or the counter-affidavits of the defense shall be submitted to the court and served on the adverse party not later than three (3) days after the termination of the preliminary conference. Sec. Sec. stating the purpose thereof. — Cases requiring referral to the Lupon for conciliation under the provisions of Presidential Decree No.  Release of the person arrested shall either be on bail or on recognizance by a responsible citizen acceptable to the court. AGUINALDO ATENEO LAW 2010 . affidavits or any other paper. CAN THE COURT ISSUE A WARRANT OF ARREST AGAINST THE ACCUSED?  The court shall not order the arrest of the accused except for failure to appear whenever required. or for opening of trial. This provision shall not apply to criminal cases where the accused was arrested without a warrant. (h) Motion to declare the defendant in default.

and shall show their competence to testify to the matters stated therein. An appellant who is not confined in prison may. mandamus. or for reopening of trial 4. Motion for new trial. or prohibition against any interlocutory order issued by the courts 8. Applicability of the regular rules. is already attached to the record. reply brief of the appellant. the party appealing the case shall be called the "appellant" and the adverse party the "appellee. 21. Dilatory motions for postponement 10. (b) is without counsel de parte on appeal. ANGELA LEONOR C. Title of the case.PROCEDURE IN THE COURT OF APPEALS Section 1.CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 107 of 120 (l) Interventions. AGUINALDO ATENEO LAW 2010 . Sec. 22. Sec." but the title of the case shall remain as it was in the court of origin. — The affidavits required to be submitted under this Rule shall state only facts of direct personal knowledge of the affiants which are admissible in evidence. Motion to declare the defendant in default 9. Interventions Sec. 2. 3. A violation of this requirement may subject the party or the counsel who submits the same to disciplinary action. Memoranda 7. 4. – In all criminal cases appealed to the Court of Appeals. Affidavits. – Within thirty (30) days from receipt of the brief of the appellant. or (c) has signed the notice of appeal himself. WHAT IS REQUIRED IN THE SUBMISSION OF AFFIDAVITS IN A SUMMARY PROCEEDING?  The affidavits required to be submitted under this Rule shall state only facts of direct personal knowledge of the affiants which are admissible in evidence. Sec. the appellant shall file seven (7) copies of his brief with the clerk of court which shall be accompanied by proof of service of two (2) copies thereof upon the appellee. Petition for relief from judgment 5. Petition for certiorari. shall be immediately executory. affidavits or other paper 6. Section 10 of Rule 70 shall be deemed repealed. The decision of the Regional Trial Court in civil cases governed by this Rule. and shall show their competence to testify to the matters stated therein. Motion for extension of time to file pleading. without prejudice to a further appeal that may be taken therefrom. — The regular procedure prescribed in the Rules of Court shall apply to the special cases herein provided for in a suppletory capacity insofar as they are not inconsistent herewith. Motion for bill of particulars 3. be assigned a counsel de officio within ten (10) days from receipt of the notice to file brief and he establishes his right thereto. When brief for appellee to be filed. or failure to refer the case to the Lupon 2. RULE 124 . oral and documentary. Third-party complaints 12. – Within thirty (30) days from receipt by the appellant or his counsel of the notice from the clerk of court of the Court of Appeals that the evidence. Sec. – If it appears from the record of the case as transmitted that (a) the accused is confined in prison. WHAT PLEADINGS AND MOTIONS ARE PROHIBITED IN CASES GOVERNED BY SUMMARY PROCEDURE? The following are not allowed— 1. the appellee shall file seven (7) copies of the brief of the BY: MA. and shall be cause to expunge the inadmissible affidavit or portion thereof from the record. Appeal. Sec. Reply 11. upon request. including forcible entry and unlawful detainer. Appointment of counsel de officio for the accused. 20. 129. When brief for appellant to be filed. — The judgment or final order shall be appealable to the appropriate Regional Trial Court which shall decide the same in accordance with Section 22 of Batas Pambansa Blg. ask the clerk of court of the Court of Appeals shall designate a counsel de officio. A motion to dismiss the complaint or to quash the complaint or information on the ground of lack of jurisdiction over the subject matter. or for reconsideration of a judgment.

The Court of Appeals shall hear and decide the appeal at the earliest practicable time with due regard to the rights of the parties. motu propio dismiss the appeal if the appellant abandons his appeal Sec.CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 108 of 120 appellee with the clerk of court which shall be accompanied by proof of service of two (2) copies thereof upon the appellant. except where the appellant is represented by a counsel de officio. – No judgment shall be reversed or modified unless the Court of Appeals. – The Court of Appeals may. is of the opinion that terror was committed which injuriously affected the substantial rights of the appellant. except where the appellant is represented by a counsel de officio. – The Court of Appeals may reverse. 7. AGUINALDO ATENEO LAW 2010 . Dismiss the case WHY CANNOT THE CA REVISE THE JUDGMENT OF THE LOWER COURT?  The power to revise is not given because it is changing the manner of the penning of the judgment of the trial judge  It is violative of the rule that the judge must write the decision personally BY: MA. – The briefs in criminal cases shall have the same contents as provided in sections 13 and 14 of Rule 44. Scope of judgment. The Court of Appeals may also. – Briefs shall either be printed. dismiss the appeal if the appellant jumps bail 4. Sec. Sec. Dismissal of appeal for abandonment or failure to prosecute. Remand the case to the RTC for new trial or retrial 4. 9. Extension of time for filing briefs. WHAT IS THE SCOPE OF JUDGMENT OF THE COURT OF APPEALS? 1. or modify the judgment 2. dismiss the appeal if the appellant fails to file his brief within the time prescribed by this Rule. 10. The Court of Appeals may. The accused need not be present in court during the hearing of the appeal. dismiss the appeal if the appellant fails to file his brief within the time prescribed by this Rule. The Court of Appeals may also. affirm. upon motion of the appellee or motu proprio and with notice to the appellant in either case. encoded or typewritten in double space on legal size good quality unglazed paper. remand the case to the Regional Trial Court for new trial or retrial. affirm or modify the judgment and increase or reduce the penalty imposed by the trial court. 8. upon motion of the appellee or motu proprio. WHEN CAN THE COURT OF APPEALS DISMISS AN APPEAL? 1. Increase or reduce the penalty imposed by the trial court 3. Sec. after an examination of the record and of the evidence adduced by the parties. ANGELA LEONOR C. – Extension of time for the filing of briefs will not be allowed except for good and sufficient cause and only if the motion for extension is filed before the expiration of the time sought to be extended. Sec. jumps bail or flees to a foreign country during the pendency of the appeal. upon motion of the appellee or motu proprio. 11. The Court of Appeals may also. WHEN CAN JUDGMENT BE REVERSED OR MODIFIED?  It can only be reversed or modified when there has been substantial errors Sec. in length by 216 mm. Judgment not to be reversed or modified except for substantial error. A certified true copy of the decision or final order appealed from shall be appended to the brief of the appellant. dismiss the appeal if the appellant escapes from prison or confinement. 5. Form of briefs. Sec. or dismiss the case. Reverse. 2. dismiss the appeal if the appellant flees to a foreign country during the pendency of the appeal The Court of Appeals may also. 5. in width. – Appeals of accused who are under detention shall be given precedence in their disposition over other appeals. motu propio dismiss the appeal if the appellant fails to prosecute The Court of Appeals may also. the appellant may file a reply brief traversing matters raised in the former but not covered in the brief of the appellant. Contents of brief. 330 mm. upon motion of the appellee or motu proprio. upon motion of the appellee or motu proprio. 6. dismiss the appeal if the appellant escapes from prison or confinement 3. The Court of Appeals may also. Within twenty (20) days from receipt of the brief of the appellee. Prompt disposition of appeals. upon motion of the appellee or motu proprio and with notice to the appellant in either case. 6.

the Presiding Justice shall direct the raffle committee of the Court to designate two (2) additional Justices to sit temporarily with them. forming a special division of five (5) members and the concurrence of a majority of such division shall be necessary for the pronouncement of a judgment or final resolution. he wins even if it is 2 against 1. certification or appeal of cases to Supreme Court. CAN THE COURT OF APPEALS ACCEPT EVIDENCE DURING AN APPEAL?  Generally. (b) involving claims for damages arising from provisional remedies. No. 00-5-03-SC RE: AMENDMENTS TO THE REVISED RULES PROCEDURE TO GOVERN DEATH PENALTY CASES RESOLUTION Acting on the recommendation of the Committee on Revision of the Rules of Court submitting for this Court's consideration and approval the Proposed Amendments to the Revised Rules of OF CRIMINAL BY: MA.  The unanimous vote of the three (3) Justices of a division shall be necessary for the pronouncement of a judgment or final resolution. – The Court of Appeals shall have the power to try cases and conduct hearings. reclusion perpetua. which shall be reached in consultation before the writing of the opinion by a member of the division. AGUINALDO ATENEO LAW 2010 . The designation of such additional Justices shall be made strictly by raffle and rotation among all other Justices of the Court of Appeals. Involving claim for damages arising from provisional remedies 3. 12. which shall be reached in consultation before the writing of the opinion by a member of the division. The designation of such additional Justices shall be made strictly by raffle and rotation among all other Justices of the Court of Appeals. shall render judgment imposing the penalty of death. the court.  In the event that the three (3) Justices can not reach a unanimous vote. whether they are assigned or not. In the event that the three (3) Justices can not reach a unanimous vote. Where the court grants a new trial based on the ground of newly-discovered evidence Sec. receive evidence and perform any and all acts necessary to resolve factual issues raised in cases (a) falling within its original jurisdiction. Its decision is based on the records and other documents forwarded to it by the lower courts  It can accept evidence though in the resolution of contentious factual issues.M. ANGELA LEONOR C. it shall refrain from entering the judgment and forthwith certify the case and elevate the entire record thereof to the Supreme Court for review. which are raised in cases: 1.CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 109 of 120 DISTINGUISH MODIFY AND REVISE MODIFY REVISE The appellate court bases its The decision of the trial court judge modification on errors in the facts or is revised merely on the manner it laws of the case is written MUST ALL BE ALLEGED IN THE APPEAL IN ORDER TO REVIEW THE CASE IN ITS ENTIRETY?  No. Power to receive evidence. Falling within its original jurisdiction 2. The unanimous vote of the three (3) Justices of a division shall be necessary for the pronouncement of a judgment or final resolution. forming a special division of five (5) members and the concurrence of a majority of such division shall be necessary for the pronouncement of a judgment or final resolution.  NB: There is tyranny of the minority. 13. In case one of the three justices in a division disagrees. or life imprisonment as the circumstance warrant. reclusion perpetua. – Three (3) Justices of the Court of Appeals shall constitute a quorum for the sessions of a division. or (c) where the court grants a new trial based only on the ground of newly-discovered evidence. Quorum of the court.  An appeal in criminal proceedings throws the whole case open for review. Whenever the Court of Appeals find that the penalty of death. Sec. It is the duty of the appellate court to correct such errors as might be found in the appealed judgment. after discussion of the evidence and the law involved. A. an appellate court doesn’t accept new evidence during an appeal. However. the Presiding Justice shall direct the raffle committee of the Court to designate two (2) additional Justices to sit temporarily with them. or life imprisonment should be imposed in a case. HOW DOES THE CA DECIDE THE CASE?  Three (3) Justices of the Court of Appeals shall constitute a quorum for the sessions of a division.

on leave. are amended as follows: Rule 122 Sec. Sections 3 and 10. the records shall be forwarded to the Court of Appeals for automatic review and judgment within twenty days but not earlier than fifteen days from the promulgation of the judgment or notice of denial of a motion for new trial or reconsideration. the Court Resolved to APPROVE the same. shall be by notice of appeal filed with the court which rendered the judgment or final order appealed from and by serving a copy thereof upon the adverse party.—(a) The appeal to the Regional Trial Court. Sr. 3. unless extended by the Chief Justice. (b) Where the judgment also imposes a lesser penalty for offenses committed on the same occasion or which arose out of the same occurrence that gave rise to the more severe offense for which the penalty of death is imposed.—The Court of Appeals shall have the power to try cases and conduct hearings. Sandoval-Gutierrez. it shall render and enter judgment imposing such penalty. Sections 12 and 13. The amendments shall take effect on October 15. 2004 following its publication in a newspaper of general circulation not later than September 30. the court shall render judgment but refrain from making an entry of judgment and forthwith certify the case and elevate its entire record to the Supreme Court for review. shall be by notice of appeal to the Court of Appeals in accordance with paragraph (a) of this Rule.J.. or to the Court of Appeals in cases decided by the Regional Trial Court in the exercise of its original jurisdiction.. Davide. 13. (b) The appeal to the Court of Appeals in cases decided by the Regional Trial Court in the exercise of its appellate jurisdiction shall be by petition for review under Rule 42. Power to receive evidence. Trials or hearings in the Court of Appeals must be continuous and must be completed within three months. CarpioMorales. 12. Azcuna and Chico-Nazario. 2004. concur. Transmission of records in case of death penalty. and Tinga.—(a) Whenever the Court of Appeals finds that the penalty of death should be imposed. The judgment may be BY: MA.. including the power to grant and conduct new trials or further proceedings. — In all cases where the death penalty is imposed by the trial court. (c) The appeal in cases where the penalty imposed by the Regional Trial Court is reclusion perpetua. The Court of Appeals shall automatically review the judgment as provided in Section 10 of this Rule. Certification or appeal of case to the Supreme Court. of the Revised Rules of Criminal Procedure. Carpio. (d) No notice of appeal is necessary in cases where the Regional Trial Court imposed the death penalty. (10a) xxx Rule 124 Sec. Corona. Panganiban.. the Supreme Court. Puno. (3a) xxx Sec. ANGELA LEONOR C. and Rule 124. September 28. life imprisonment or a lesser penalty. How appeal taken. 10. 12(a) Sec. Quisumbing. and the accused appeals. Ynares-Santiago. (c) In cases where the Court of Appeals imposes reclusion perpetua. life imprisonment or where a lesser penalty is imposed for offenses committed on the same occasion or which arose out of the same occurrence that gave rise to the more. reclusion perpetua. JJ. receive evidence and perform all acts necessary to resolve factual issues raised in cases falling within its original and appellate jurisdiction. AGUINALDO ATENEO LAW 2010 . the appeal shall be included in the case certified for review to. Jr. Callejo. JJ. 2004. serious offense for which the penalty of death. or life imprisonment is imposed. The transcript shall also be forwarded within ten days after the filing thereof by the stenographic reporter.. AMENDED RULES TO GOVERN REVIEW OF DEATH PENALTY CASES Rule 122. Austria-Martinez. C.CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 110 of 120 Criminal Procedure To Govern Death Penalty Cases.

– At any time after the appeal from the lower court has been perfected and before the judgment of the Court of Appeals convicting the appellant becomes final. RECLUSION PERPETUA. 14.  No party shall be allowed a second motion for reconsideration of a judgment or final order. the party discovering the new evidence may file a motion for new trial with the trial court anyway.  In cases where the Court of Appeals imposes reclusion perpetua. the Supreme Court. WHEN SHOULD A MOTION FOR RECONSIDERATION BE FILED?  A motion for reconsideration shall be filed within fifteen (15) days from notice of the decision or final order of the Court of Appeals with copies thereof served upon the adverse party. 16.CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 111 of 120 appealed to the Supreme Court by notice of appeal filed with the Court of Appeals. – A motion for reconsideration shall be filed within fifteen (15) days from notice of the decision or final order of the Court of Appeals with copies thereof served upon the adverse party. 15. Rule 121. ANGELA LEONOR C. because after the perfection of the appeal. it shall render and enter judgment imposing such penalty. The judgment may be appealed to the Supreme Court by notice of appeal filed with the Court of Appeals. Sec. the Court of Appeals may conduct the hearing and receive evidence as provided in section 12 of this Rule or refer the trial to the court of origin. No party shall be allowed a second motion for reconsideration of a judgment or final order. the latter may move for a new trial on the ground of newly-discovered evidence material to his defense. The mittimus shall be stayed during the pendency of the motion for reconsideration. setting forth the grounds in support thereof. prior perfection of an appeal. setting forth the grounds in support thereof. CAN A PARTY FILE A MOTION FOR RECONSIDERATION INSTEAD?  No since a motion for reconsideration only covers errors of facts or laws and not newly-discovered evidence. the trial court loses its jurisdiction. Sec. the court shall render judgment but refrain from making an entry of judgment and forthwith certify the case and elevate its entire record to the Supreme Court for review. the case must end. INSTEAD OF FILING A MOTION FOR NEW TRIAL. but before the CA renders its judgment. Rule 121 WHAT IS NEWLY-DISCOVERED EVIDENCE?  This is material evidence that can change the outcome of the judgment when admitted WHEN SHOULD DISCOVERED? THE NEWLY-DISCOVERED EVIDENCE BE BY: MA. life imprisonment or a lesser penalty. WHAT IS THE PROCEDURE WHEN THE CA FINDS THAT THE PENALTY TO BE IMPOSED IS DEATH. which pertains exclusively as a ground for new trial WHY IS THE PERIOD FOR FILING A MOTION FOR NEW TRIAL FROM A DECISION OF THE RTC DIFFERENT FROM THAT OF THE CA?  For the reason that at some point in time. AGUINALDO ATENEO LAW 2010 . OR LIFE IMPRISONMENT?  Whenever the Court of Appeals finds that the penalty of death should be imposed. – When a new trial is granted. the appeal shall be included in the case certified for review to.  The mittimus shall be stayed during the pendency of the motion for reconsideration. WHAT IF THE DECISION APPEALED TO QUESTIONS OF LAW?  The CA may certify it to the SC directly THE CA IS PURELY  The evidence must be discovered after the perfection of appeal. Reconsideration.  Where the judgment also imposes a lesser penalty for offenses committed on the same occasion or which arose out of the same occurrence that gave rise to the more severe offense for which the penalty of death is imposed. Where new trial conducted. the ground for new trial is based on newly-discovered evidence and the motion shall conform with the provisions of Section 4. Motion for new trial. The motion shall conform with the provisions of section 4. and the accused appeals. On the other hand. CAN THE CA CONDUCT A NEW TRIAL?  Yes. WHAT IS THE MEANING OF MITTIMUS?  It is the process issued by the court after conviction to carry out the final judgment such as commanding a prison warden to hold the accused in accordance with the terms of the judgment Sec.

– The procedure for the review by the Supreme Court of decisions in criminal cases rendered by the Court of Appeals shall be the same as in civil cases. WHY SHOULD THE JUDGMENT RESULT IN ACQUITTAL IF NO DECISION IS REACHED AFTER RE-DELIBERATION?  Because of the presumption of innocence where all doubts should be resolved in favor of the accused and the principle that when inculpatory facts are susceptible of 2 or more interpretations. division of 5: majority not less than 3. a certified true copy of the judgment shall be attached to the original record which shall be remanded to the clerk of the court from which the appeal was taken. – When the entry of judgment of the Court of Appeals is issued. Uniform Procedure. HOW MANY VOTES ARE NEEDED?  The rule is that the majority is needed to decide a case en banc  An exception is that when all are not present. 2. RULE 125 . Search warrant defined. 2 justices must be temporarily assigned to the division by raffle Sec. – The provisions of Rules 42. commanding him to search for personal property described therein and bring it before the court. commanding him to search for personal property described therein and bring it before the court. signed by a judge and directed to a peace officer. Review of decisions of the Court of Appeals. WHAT IS A SEARCH WARRANT?  A search warrant is an order in writing issued in the name of the People of the Philippines. which is drastic in nature ARE SEARCH AND SEIZURES PROHIBITED UNDER THE CONSTITUTION?  No. signed by a judge and directed to a peace officer. a certified true copy of the judgment shall be attached to the original record which shall be remanded to the clerk of the court from which the appeal was taken. 18. majority of all those present/who constitute a quorum and actually participated in the deliberations. the ambiguity must be decided in favor of the accused. – Unless otherwise provided by the Constitution or by law. if the unanimous decision couldn’t be obtained.PROCEDURE IN THE SUPREME COURT Section 1. 44 to 46 and 48 to 56 relating to procedure in the Court of Appeals and in the Supreme Court in original and appealed civil cases shall be applied to criminal cases insofar as they are applicable and not inconsistent with the provision of this Rule. the case shall again be deliberated upon and if no decision is reached after re-deliberation. AGUINALDO ATENEO LAW 2010 . the judgment of conviction of lower court shall be reversed and the accused acquitted. o There must be a quorum o Majority of those who participated and voted shouldn’t be less than 5  Division of 7: majority not less than 5. division of 3: unanimous decision. 3. ANGELA LEONOR C. – When the Supreme Court en banc is equally divided in opinion or the necessary majority cannot be had on whether to acquit the appellant. Sec. RULE 126 . WHAT IS THE CONCEPT OF A SEARCH WARRANT?  It is a criminal process akin to a mode of discovery  It is a special and peculiar remedy. Application of certain rules in civil procedure to criminal cases. The constitutional guarantee embodied in Article 3. the procedure in the Supreme Court in original and in appealed cases shall be the same as in the Court of Appeals. Section 2 of the Constitution is not a blanket prohibition against all searches and seizures as it operates only against unreasonable searches and seizures WHEN IS THE SEARCH OR SEIZURE UNREASONABLE? BY: MA. – A search warrant is an order in writing issued in the name of the People of the Philippines. Decision if opinion is equally divided. 17.CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 112 of 120 Sec. WHAT SHOULD BE DONE AFTER THE JUDGMENT OF THE CA HAS BECOME FINAL?  When the judgment of the CA becomes final. Judgment transmitted and filed in trial court. Sec.SEARCH AND SEIZURE Section 1.

or any court within the judicial region where the warrant shall be enforced. any court within the judicial region where the crime was committed if the place of the commission of the crime is known. or the warrant was invalidly issued. 2. Sec. the application shall only be made in the court where the criminal action is pending. Even in the absence of a constitution. However. the judge need not conduct a The judge must also personal examination of conduct a personal. the police officers apply for a search warrant in Makati stating the compelling reason. – An application for search warrant shall be filed with the following: (a) Any court within whose territorial jurisdiction a crime was committed. in a warrant of arrest.  This is why there is no other justification to speak of for a search. and the recommendation of the prosecutor.  On the other hand.  For example. Probable cause in the issuance of a search warrant  Facts and circumstances that would lead a reasonable discreet and prudent man to believe that there has been a crime committed and the things and objects connected to the crime committed are in the place to be searched 3. In all instances. Probable cause in the issuance of a warrant of arrest  Facts and circumstances that would engender a wellgrounded belief that a crime has been committed and the person to be arrested committed it WHY ARE THE REQUIREMENTS FOR THE ISSUANCE OF A SEARCH WARRANT MORE STRINGENT THAN THE REQUIREMENTS FOR THE ISSUANCE OF A WARRANT OF ARREST?  The right against unreasonable search and seizure is a core right implicit in the natural right to life. witnesses. a drug syndicate keeps his drugs in a warehouse in Pasay for the reason that it has connections in Pasay and can easily get a tip when the police officers will file for a search warrant. WHAT ARE THE THREE SITUATIONS WHEREIN THERE MUST BE FINDING OF PROBABLE CAUSE? 1. any court within the judicial region where the crime was committed if the place of the commission of the crime is known.  Moreover. individuals have a fundamental and natural right against unreasonable search and seizure under natural law. records of the preliminary investigation. any court within whose territorial jurisdiction a crime was committed BUT FOR COMPELLING REASONS stated in the application. person to be arrested and that the items will committed it. DISTINGUISH BETWEEN A WARRANT OF ARREST AND SEARCH WARRANT SEARCH WARRANT WARRANT OF ARREST QUANTUM OF The applicant must show The applicant must show EVIDENCE. (b) For compelling reasons stated in the application. of their being connected committed. AGUINALDO ATENEO LAW 2010 . that the items sought probable cause that an PROBABLE may be seized by virtue offense has been CAUSE. or any court within the judicial region where the warrant shall be enforced. ANGELA LEONOR C. the violation of the right to privacy produces a humiliating effect that cannot be rectified anymore. WHERE SHOULD ONE FILE AN APPLICATION FOR SEARCH WARRANT?  As a general rule. the person to be arrested can always post bail to prevent the deprivation of liberty. if the criminal action has already been filed. To avoid the drug syndicate from getting a tip of the impending search. be found in the place to be searched. Probable cause in filing of an information  Facts and circumstances that would engender a wellgrounded belief that a crime has been committed and the person to be charged is probably guilty thereof 2. and that the CONCLUSIONS with criminal activity. BY: MA. except for a warrant. Moreover. Court where application for search warrant shall be filed. the applicant and his searching examination of witnesses. what constitutes reasonable or unreasonable search or seizure is a purely judicial question determinable from a consideration of the attendant circumstances. liberty and property. He may rely the applicant and his on the affidavits of the witnesses.CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 113 of 120   A search and seizure is unreasonable if it is made without a warrant.

in writing and under oath and affirmation (Based on what?) The applicant and the witnesses testify on facts personally known to them The probable cause must be in connection with the specific offense The warrant specified describes the person and place to be searched and the things to be seized The sworn statement together with the affidavits of the witnesses must be attached to the record WHAT IS THE PURPOSE FOR THE PARTICULARITY OF DESCRIPTION OF THE PLACE TO BE SEARCHED AND THE THINGS TO BE SEIZED?  The evident purpose and intent of this requirement is to limit the things to be seized to those. he shall issue the warrant. Issuance and form of search warrant. The examination must be reduced into writing in the form of searching questions and answers Sec. 6. 3. Requisites for issuing search warrant. WHEN IS THE AFFIDAVIT OR TESTIMONY OF THE WITNESS SAID TO BE BASED ON PERSONAL KNOWLEDGE?  The test is whether perjury could be charged against the witness WHAT ARE THE REQUISITES OF THE PERSONAL EXAMINATION THAT THE JUDGE MUST CONDUCT BEFORE ISSUING THE SEARCH WARRANT? 1. and only those. before issuing the warrant. in writing and under oath. 5. The examination must be under oath 3. ownership is of no consequence.CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 114 of 120  However. Subject of the offense. or fruits of the offense. particularly described in the search warrant—to leave officers of the law with no discretion regarding what articles they should seize. and particularly describing the place to be searched and the things to be seized which may be anywhere in the Philippines. to the end that unreasonable searches and seizures may not be committed. IS IT NECESSARY THAT THE PERSON NAMED IN THE SEARCH WARRANT BE THE OWNER OF THE THINGS TO BE SEIZED?  No. The judge must examine the witness personally 2. the complainant and the witnesses he may produce on facts personally known to them and attach to the record their sworn statements. Stolen or embezzled and other proceeds. 4. Personal property to be seized. ANGELA LEONOR C.  What is relevant is that the property is connected to an offense. or 3. – The judge must. Sec. There must be probable cause—facts and circumstances that would engender a well-founded belief in a reasonable prudent and discreet man that a crime has been committed and the things and objects to be seized can be found in the place to be searched 2. BY: MA. – If the judge is satisfied of the existence of facts upon which the application is based or that there is probable cause to believe that they exist. 2. Examination of complainant. AGUINALDO ATENEO LAW 2010 . (b) Stolen or embezzled and other proceeds. 7. personally examine in the form of searching questions and answers. 6. 5. if the criminal action has already been filed. WHAT MAY BE THE SUBJECT OF A SEARCH WARRANT? 1. Used or intended to be used as the means of committing an offense. record. Sec. that abuses may not be committed. – A search warrant may be issued for the search and seizure of personal property: (a) Subject of the offense. or (c) Used or intended to be used as the means of committing an offense. 3. which must be substantially in the form prescribed by these Rules. Sec. the application shall only be made in the court where the criminal action is pending. or fruits of the offense. 4. – A search warrant shall not issue except upon probable cause in connection with one specific offense to be determined personally by the judge after examination under oath or affirmation of the complainant and the witness he may produce. together with the affidavits submitted. Which must be determined by the judge personally through searching and probing questions—questions not merely answerable by yes or no but could be answered by the applicant and the witnesses on facts personally known to them (Upon whom?) The complainant and the witnesses he may produce are personally examined by the judge. WHAT ARE THE REQUISITES OF A VALID SEARCH WARRANT? 1.

Time of making search. THE CHINESE WERE LOCKED INSIDE A ROOM AND TWO WITNESSES WHO WERE NOT OCCUPANTS WERE USED WHILE SEARCHING THE HOUSE AND SEIZING THE PROHIBITED DRUGS. in which case.  The two-witness rule can only apply when there is absence of the lawful occupants of the premises searched. but it is not mentioned in the warrant nor is it mala prohibita. WHICH WAS SUSPECTED TO BE A FACTORY FOR ILLEGAL DRUGS. 8 CHINESEMEN WERE FOUND INSIDE WHO COULDN’T SPEAK ENGLISH OR FILIPINO. 10. NOTE: The two witness rule only applies in the absence of the lawful occupants of the premises searched PEACE OFFICERS RAIDED A HOUSE. such as when the things seized are mobile or are in the person of the accused. BY: MA. may break open any outer or inner door or window of a house or any part of a house or anything therein to execute the warrant to liberate himself or any person lawfully aiding him when unlawfully detained therein.  This is to prevent abuses in the service of search warrants CAN THE POLICE OFFICER SEIZE ANYTHING THAT IS NOT INCLUDED IN THE WARRANT?  No. in which case a direction may be inserted that it be served at any time of the day or night. it is not mala prohibita and they have no proof that it is unlicensed. 7. and not what the peace officers had in mind. Sec. ANGELA LEONOR C. room. Validity of search warrant. they locked the occupants in a room while doing the search and seizure and used 2 witnesses who weren’t the occupants of the premises. even if they were the ones who gave it the description to the court. THE COURT ISSUED THE WARRANT. CAN THEY SEARCH DOOR #7?  No. AGUINALDO ATENEO LAW 2010 . or premises to be made in presence of two witnesses. 8. what is controlling is what is stated in the warrant. – A search warrant shall be valid for ten (10) days from its date. DURING THE RAID.  In this case. unless the affidavit asserts that the property is on the person or in the place ordered to be searched.  Even if the object was related to the crime. the seizure is justified under the plain view doctrine. it should be kept in custodia legis. Sec. if refused admittance to the place of directed search after giving notice of his purpose and authority. it can be served during nighttime Sec. it shall be void. – The officer. THEY REALIZED THAT WHAT THEY THOUGHT WAS DOOR #1 WAS ACTUALLY DOOR #7. it should be executed during the daytime  But in certain cases. WHAT SHOULD THE POLICE OFFICER OR COURT TO DO THINGS SEIZED ILLEGALLY?  Anything seized illegally must be returned to the owner unless it is mala prohibita. – The warrant must direct that it be served in the day time. CAN THEY SEIZE THE PISTOL?  No. – No search of a house. Sec. it still cannot be seized POLICE OFFICERS WENT TO THE HOUSE TO EXECUTE A SEARCH WARRANT. room. anything not included in the warrant cannot be seized EXCEPT if its mala prohibita. Search of house. two witnesses of sufficient age and discretion residing in the same locality. Thereafter. it is not a scatter shot warrant since it is in connection with only one penal law POLICE OFFICERS APPLIED FOR A WARRANT TO SEARCH DOOR #1 OF AN APARTMENT COMPLEX.CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 115 of 120 WHAT IS A SCATTER SHOT WARRANT?  It is a warrant of arrest that is issued for more than one offense  It is void for the law requires that a warrant of arrest should only be issued in connection with one specific offense A WARRANT WAS ISSUED FOR THE SEIZURE OF DRUGS CONNECTED WITH THE VIOLATION OF THE DANGEROUS DRUGS ACT. 9. VALID?  No. WHEN SHOULD THE SEARCH WARRANT BE EXECUTED?  If possible. or any other premises shall be made except in the presence of the lawful occupant thereof or any member of his family or in the absence of the latter. THEY FOUND A PISTOL ON THE TABLE. BUT THE PISTOL WASN’T INCLUDED IN THE SEARCH WARRANT. WHEN THEY WENT TO THE APARTMENT COMPLEX. Right to break door or window to effect search. In such a case. IS THE WARRANT VALID?  The warrant is valid  Although there are many ways of violating the Dangerous Drugs Act.

the judge should determine if the peace officer issued the receipt to the occupant of the premises from which the things were taken. having the bills is not a crime. CAN THE OWNER OF THE THINGS SEIZED BE MADE TO SIGN THE RECEIPT?  No since this would be tantamount to a violation of one’s right against self-incrimination.CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 116 of 120 FOR HOW LONG IS THE SEARCH WARRANT VALID?  It is valid for 10 days. the issuing judge shall ascertain if the return has been made. and other actions of the judge. IS THERE PERIL TO THE OWNER OF THE THINGS SEIZED IF HE IS MADE TO SIGN THE BOOKING SHEET?  There is no peril since he would just be made to acknowledge that a case has been filed against him THE ACCUSED WAS ARRESTED DURING A BUY-BUST OPERATION. the result. 11. shall summon the person to whom the warrant was issued and require him to explain why no return was made. The judge shall see to it that subsection (a) hereof has been complied with. WHAT IS THE DUTY OF THE OFFICER WHEN HE SEIZES THE PROPERTY?  The officer seizing the property under the warrant must give a detailed receipt for the same to the lawful occupant of the premises in whose presence the search and seizure were made. the warrant cannot be used anymore. return and proceedings thereon. If the return has been made.  This applies even if the bills involved is marked money. together with a true inventory thereof duly verified under oath. provided it is still within the 10-day period Sec. – A person lawfully arrested may be searched for dangerous weapons or anything BY: MA. AGUINALDO ATENEO LAW 2010 . CAN THE PEACE OFFICER USE THE WARRANT AGAIN BEFORE IT EXPIRES?  No. in the presence of at least two witnesses of sufficient age and discretion residing in the same locality. leave a receipt in the place in which he found the seized property. must. (b) Ten (10) days after issuance of the search warrant. – The officer seizing the property under the warrant must give a detailed receipt for the same to the lawful occupant of the premises in whose presence the search and seizure were made. leave a receipt in the place in which he found the seized property. must. or in the absence of such occupant. together with a true inventory thereof duly verified under oath. It is a confession without the assistance of counsel. 13. Sec. the judge shall ascertain whether section 11 of this Rule has been complied with and shall require that the property seized be delivered to him. IF THE WARRANT WAS EXECUTED EVEN BEFORE THE EXPIRATION OF THE 10-DAY PERIOD. after which the police officer should make a return to the judge who issued it  If the police officer doesn’t make a return. – (a) The officer must forthwith deliver the property seized to the judge who issued the warrant. Search incident to lawful arrest. in the presence of at least two witnesses of sufficient age and discretion residing in the same locality. the judge should summon him and require him to explain why no return was made  If the return was made. ANGELA LEONOR C.  The judge shall also order the delivery to the court of the things seized.  The exception is if the search wasn’t finished within 1 day. A violation of this section shall constitute contempt of court. the warrant can still be used the next day. Delivery of property and inventory thereof to court. Sec. Receipt for the property seized. and if none. WHAT IS THE DUTY OF THE OFFICER AFTER THE PROPERTY SOUGHT UNDER THE SEARCH WARRANT HAS BEEN SEIZED?  The officer must forthwith deliver the property seized to the judge who issued the warrant. PESO BILLS WERE SEIZED FROM HIM. CAN THE ACCUSED BE MADE TO SIGN THE BILLS?  Yes. or in the absence of such occupant. (c) The return on the search warrant shall be filed and kept by the custodian of the log book on search warrants who shall enter therein the date of the return. 12. of the purpose for which it was issued has already been carried out.

It must be contemporaneous with the arrest in both time and place.217 SCRA 597 FACTS: BY: MA. The objective is to make sure that the life of the peace officer will not be endangered. immediate control. Within the vicinity of the person arrested. Arrest effected in hot pursuit 3. Emergency 11. the search was unlawful and that the personalities seized during the illegal search should be returned to the petitioner.147 SCRA 509 FACTS: The case at bar is for the motion for partial reconsideration of both petitioners and respondents of the SC’s decision that the questioned search warrant by petitioners is null and void. Person making the consent knows that he has the right c. WHEN IS THE WARRANTLESS SEARCH OF A MOVING VEHICLE ALLOWED?  It is allowed when it is not practicable to secure a warrant WHAT ARE THE REQUIREMENTS IN A WARRANTLESS SEARCH INCIDENTAL TO A LAWFUL ARREST? 1. just have to take a look. where the warrant was based. A warrantless search incidental to a lawful arrest a. which is the evidence of the offense or weapon 2. MUSA . Arrest must be lawful 2. HELD: "Any evidence obtained in violation of this . The respondents. Checkpoints 9.CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 117 of 120 which may have been used or constitute proof in the commission of an offense without a search warrant. not to open trunks 4. section shall be inadmissible for any purpose in any proceeding" (Sec. Republic Act requiring inspections or body checks in airports 10. Stop and frisk 7. the search being an incident to a lawful arrest may extend beyond the person of the one arrested to include the premises or surrounding under his immediate control  The search must be made after the arrest. which is the evidence of the offense or weapon NOLASCO V. In spite of the knowledge of the right. PAÑO . PEOPLE V. All the articles thus seized fag under the exclusionary rule totally and unqualifiedly and cannot be used against any of the three petitioners. In times of war and within military operations WHAT ARE THE INSTANCES OF A PERMISSIBLE WARRANTLESS ARREST? 1. Search of a moving vehicle a. Customs searches 6. AGUINALDO ATENEO LAW 2010 . Respondents contend that the search warrant is valid and that it should be considered in the context of the crime of rebellion. Arrest must be lawful b. Cant make a thorough search. The right exists b. ANGELA LEONOR C. . without prejudice to petitioner AguilarRoque. on the part of petitioner Aguilar-Roque. And since there was illegal arrest of Aguilar-Roque. Petitioners on the other hand. It must be contemporaneous with the arrest in both time and place c. Consented warrantless searches a. Arrest in flagrante delicto 2. 4[2]). but such personalities obtained would still be retained. that respondents are enjoined from introducing evidence using such search warrant. immediate control. Exigent and emergency circumstances 8. What the plain language of the Constitution mandates is beyond the power of the courts to change or modify. This constitutional mandate expressly adopting the exclusionary rule has proved by historical experience to be the only practical means of enforcing the constitutional injunction against unreasonable searches and seizures by outlawing all evidence illegally seized and thereby removing the incentive on the part of state and police officers to disregard such basic rights. he voluntarily and intelligently gives his consent 5. concede that the search warrants were null and void but the arrests were not. . Within the vicinity of the person arrested. contend that a lawful search would be justified only by a lawful arrest. Arrests of escaped prisoners WHAT IS THE AREA OF COVERAGE OF AN OFFICER’S SEARCH? IS IT LIMITED TO THE PERSON OF THE ACCUSED?  Under this rule. Must be cursory b. in defense. Search of evidence in plain view 3. It must be contemporaneous with the arrest in both time and place 3. IN WHAT INSTANCES WOULD A SEARCH AND SEIZURE WITHOUT A WARRANT BE ALLOWED? 1.

it is a personal right that cannot be availed of by third parties. He tried to resist the police officers and upon inquiry. The statute or rule.144 SCRA 1 FACTS: Due to an information given by a person. BY: MA. HELD: A person may not be stopped and frisked in broad daylight on a busy street on mere unexplained suspicion. PEOPLE V. mere suspicion or a hunch will not validate such a procedure. PEOPLE V. The requisites are: 1. COURT OF APPEALS . in light of the police officer’s experience and surrounding conditions. It was found later on that the handgun was part of those stolen from a house wherein a robbery was staged.CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 118 of 120 Accused seeks the reversal of his conviction for violating the Dangerous Drugs Act. It has been held as one of the exceptions to the general rule against searches without warrant. who allegedly was being forcibly recruited by accused to the NPA. 2. Accused pointed to where his firearm was as well as his other documents allegedly. MENGOTE . MANALILI V. AGUINALDO ATENEO LAW 2010 . to warrant the belief that the person has detained the weapons concealed about him. HELD: A stop-and-frisk was defined as the vernacular designation of the right of a police officer to stop a citizen on the street. the law enforcement agents may seized the marked money found on the person of the pusher immediately after the arrest even without arrest or search warrants. A surveillance team was then deployed. 3. Furthermore.210 SCRA 174 FACTS: Information was given about three suspicious looking persons. He was found guilty of selling marijuana leaves to a police officer in an entrapment operation. interrogate him. asked about his firearm and documents connected to subversive activities.280 SCRA 400 FACTS: Narcotics officers were doing surveillance and chanced upon the accused in a cemetery who seemed to be high on drugs. Any exception must clearly fall within the situations when securing a warrant would be absurd or is manifestly unnecessary as provided by the Rule. To do so would infringe upon personal liberty and set back a basic right so often violated and so deserving of full protection. which allows exceptions to the requirement of warrants of arrest is strictly construed. WHO SHOULD GIVE CONSENT TO A WARRANTLESS SEARCH AND WHAT ARE THE REQUISITES?  Only the person whose right may be violated can give the consent. the policemen approached the group and the latter tried to run away. in a buy-bust operation conducted to entrap a drug-pusher. and pat him for weapons. There must have been a prior valid intrusion based on the warrantless arrest in which the police are legally present in the pursuit of their official duties The evidence was inadvertently discovered by the police who had the right to be where they are The evidence must be immediately apparent There was no need for further search WHAT IS A STOP AND FRISK SITUATION? WHEN IS IT VALID?  It is a situation wherein there is a limited protective search of outer clothing for weapons  While probable cause is not required to conduct a stop and frisk.  A genuine reason must exist. The suspects were then searched wherein a handgun and fan knife was seized. it may extend beyond to include the premises or surroundings under his immediate control. the members of the Constabulary went to the house of accused. found that the accused was possessing what seemed to be crushed marijuana leaves. HELD: The right of the person to be secure against any unreasonable seizure of his body and any deprivation of liberty is a most basic and fundamental one. HELD: There is no doubt that the warrantless search incidental to a lawful arrest authorizes the arresting officer to make a search upon the person of the person arrested. The person has knowledge of his right against the search 2. BURGOS . We cannot liberally construe the rule on arrests without warrant or extend its application beyond the cases specifically provided by law. 4. He freely and intelligently gives his consent in spite of such knowledge WHAT ARE THE REQUISITES FOR THE PLAIN VIEW DOCTRINE TO APPLY? 1. Upon seeing that the men were looking side-by-side and one holding his abdomen. Hence. ANGELA LEONOR C.

factor. The other deals on whether the things and objects were seized legally or not. THE ACCUSED MOVES FOR THE SUSPENSION OF THE PRELIMINARY INVESTIGATION. Attachment. if said court failed to resolve the motion and a criminal case is subsequently filed in another court. ANGELA LEONOR C. (b) 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. may be availed of in connection with the civil action deemed instituted with the criminal action. 14. filed with the court trying the case. However. attorney. insofar as they are applicable. or to Suppress Evidence. Motion to quash a search warrant or to suppress evidence. only the court that ordered its confiscation may release the object IF THE ARRESTED PERSON SIGNS THE RECEIPT OF THE PROPERTY SEIZED WITHOUT THE ASSISTANCE OF COUNSEL. are alternative. The court first taking cognizance of the motion does so to exclusion of the other. in the court that issued the warrant 3. or for a willful violation of duty. not cumulative remedies. If no criminal action has been filed. the offended party may have the property of the accused attached as security for the satisfaction of any judgment that may be recovered from the accused in the following cases: (a) When the accused is about to abscond from the Philippines. officer of a corporation. A POLICE OFFICER WAS GRANTED TO SEARCH THE HOUSE FOR REBEL OFFICERS. In the court where the action has been instituted 2. MAY A COORDINATE COURT ISSUE A REPLEVIN ORDER FOR THE RELEASE OF THE OBJECT?  No. – The provisional remedies in civil actions. the permission didn’t include the room to room search and anything confiscated will be inadmissible IF AN OBJECT HAS BEEN SEIZED UPON ORDERS OF THE COURT. IS THE RECEIPT ADMISSIBLE?  No. If one is filed. filed in the issuing court. the other can no longer be availed of. Sec. CAN THE POLICEMAN CONDUCT A WARRANTLESS SEARCH?  NO. agent or clerk. WHAT IS THE TOTAL EXCLUSIONARY RULE?  Things and objects seized in violation of the right against unreasonable searches and seizures are fruits of the poisonous tree and are inadmissible as evidence RULE 127 . 2. One deals on probable cause on whether there are facts and circumstances that would engender a well-founded belief that a crime has been committed and the accused is probably guilty thereof. NOTE: The Motion To Quash. the gravity of the crime committed. DURING THIS TIME. in the course of his employment as such. BY: MA. THE PRELIMINARY INVESTIGATION WAS ONGOING. If no criminal action has been instituted. – When the civil action is properly instituted in the criminal action as provided in Rule 111. WHERE SHOULD ONE FILE THE NOTION TO QUASH WARRANT OR TO SUPPRESS EVIDENCE? 1.CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 119 of 120 Sec. AGUINALDO ATENEO LAW 2010 . VALID AND PROPER?  No. However. the preliminary investigation is of different nature from deciding on whether to grant the motion to quash the warrant  The result of one will not affect the other. because it was done without assistance of counsel WHAT IS THE MULTI-FACTOR BALANCING TEST?  It requires officers to weigh the manner and intensity of the interference of the right of the people. the motion shall be resolved by the latter court. the motion may be filed in and resolved by the court that issued search warrant. – A motion to quash a search warrant and/or to suppress evidence obtained thereby may be filed in and acted upon only by the court where the action has been instituted. broker. where to file. The proceedings thereon are subject to the omnibus motion rule and the rule against forum shopping. if such court failed to resolve the motion and a criminal case is subsequently filed in another court. and the circumstances attending the incident. or by any other person in a fiduciary capacity. Availability of provisional remedies. the motion shall be filed in the latter court A MOTION TO QUASH WAS FILED IN THE COURT WHERE THE CRIMINAL ACTION WAS FILED.PROVISIONAL REMEDIES IN CRIMINAL CASES Section 1.

ANGELA LEONOR C. removed. AGUINALDO ATENEO LAW 2010 . in the course of his employment as such. or disposed of his property. attorney. factor. and  When the accused resides outside the Philippines. or is about to do so. agent or clerk.CRIMINAL PROCEDURE NOTES (JUSTICE SABIO) Page 120 of 120 (c) When the accused has concealed. or is about to do so.  When the accused has concealed. broker. or by any other person in a fiduciary capacity. NOTES BY: MA. WHEN CAN THE OFFENDED PARTY HAVE THE PROPERTY OF THE ACCUSED ATTACH WHEN A CIVIL ACTION IS INSTITUTED WITH THE CRIMINAL ACTION?  When the accused is about to abscond from the Philippines. and (d) When the accused resides outside the Philippines. or for a willful violation of duty.  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. removed. or disposed of his property. officer of a corporation.

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