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The Revised Rules of Criminal Procedure (Rules 110-127, Rules of Court, Effective December 1, 2000)

THE REVISED RULES OF CRIMINAL PROCEDURE


(Rules 110 - 127, Rules of Court)
RULE 110 - PROSECUTION OF OFFENSES
Section 1. Institution of criminal actions. Criminal actions shall be instituted as follows
(a) !or offenses where a "reliminar# in$esti%ation is re&uired "ursuant
to Section 1 of Rule 112, b# filin% the com"laint with the "ro"er
officer for the "ur"ose of conductin% the re&uisite "reliminar#
in$esti%ation.
(b) !or all other offenses, b# filin% the com"laint or information directl#
with the 'unici"al (rial Courts and 'unici"al Circuit (rial Courts,
or the com"laint with the office of the "rosecutor. )n 'anila and
other chartered cities, the com"laints shall be filed with the office of
the "rosecutor unless otherwise "ro$ided in their charters.
(he institution of the criminal action shall interru"t the runnin% of the
"eriod of "rescri"tion of the offense char%ed unless otherwise "ro$ided in
s"ecial laws.
Section 2. The complaint or information (he com"laint or information shall be in
writin%, in the name of the *eo"le of the *hili""ines and a%ainst all "ersons
who a""ear to be res"onsible for the offense in$ol$ed.
Section +. Complaint defined. , com"laint is a sworn written statement char%in% a
"erson with an offense, subscribed b# the offended "art#, an# "eace
officer, or other "ublic officer char%ed with the enforcement of the law
$iolated.
Section -. Information defined. - ,n information is an accusation in writin% char%in% a
"erson with an offense, subscribed b# the "rosecutor and filed with the court.

Section .. Who must prosecute criminal actions. ,ll criminal actions commenced b#
a com"laint or information shall be "rosecuted under the direction and
control of the "rosecutor. /owe$er, in 'unici"al (rial Courts or 'unici"al
Circuit (rial Courts when the "rosecutor assi%ned thereto or to the case is
not a$ailable, the offended "art#, an# "eace officer, or "ublic officer
char%ed with the enforcement of the law $iolated ma# "rosecute the case.
(his authorit# shall cease u"on actual inter$ention of the "rosecutor or
u"on ele$ation of the case to the Re%ional (rial Court.(Read A.M. NO. 02-
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The Revised Rules of Criminal Procedure (Rules 110-127, Rules of Court, Effective December 1, 2000)
2-0-!C "#ffecti$e Ma% 0&' 2002( )atest Amendments to !ection *' Rule
&&0 of the Re$ised Rules of Criminal +rocedure ,hich pro$ides- .Section
.. Who must prosecute criminal action. - ,ll criminal actions either
commenced b# com"laint or b# information shall be "rosecuted under the
direction and control of a "ublic "rosecutor. )n case of hea$# wor0 schedule
of the "ublic "rosecutor or in the e$ent of lac0 of "ublic "rosecutors, the
"ri$ate "rosecutor ma# be authori1ed in writin% b# the Chief of the
*rosecution 2ffice or the Re%ional State *rosecutor to "rosecute the case
sub3ect to the a""ro$al of the court. 2nce so authori1ed to "rosecute the
criminal action, the "ri$ate "rosecutor shall continue to "rosecute the case
u" to end of the trial e$en in the absence of a "ublic "rosecutor, unless the
authorit# is re$o0ed or otherwise withdrawn.4 4 4 5/.
(he crimes of adulter# and concubina%e shall not be "rosecuted
e4ce"t u"on a com"laint filed b# the offended s"ouse. (he offended "art#
cannot institute criminal "rosecution without includin% the %uilt# "arties, if
both are ali$e, nor, in an# case, if the offended "art# has consented to the
offense or "ardoned the offenders.
(he offenses of seduction, abduction and acts of lasci$iousness shall
not be "rosecuted u"on a com"laint filed b# the offended "art# of her
"arents, %rand"arents or %uardian, nor, in an# case, if the offender has
been e4"ressl# "ardoned b# an# of them. )f the offended "art# dies or
becomes inca"acitated before she can file the com"laint, and she has no
0nown "arents, %rand"arents or %uardian, the State shall initiate the
criminal action in her behalf.
(he offended "art#, e$en if a minor, has the ri%ht to initiate the
"rosecution of the offenses of seduction, abduction and acts of
lasci$iousness inde"endentl# of her "arents, %rand"arents, or %uardian,
unless she is incom"etent or inca"able of doin% so. 6here the offended
"art#, who is a minor, fails to file the com"laint, her "arents, %rand"arents,
or %uardian ma# file the same. (he ri%ht to file the action %ranted to
"arents, %rand"arents, or %uardian shall be e4clusi$e of all other "ersons
and shall be e4ercised successi$el# in the order herein "ro$ided, e4ce"t as
stated in the "recedin% "ara%ra"h.
7o criminal action for defamation which consists in the im"utation of
an# of the offenses mentioned abo$e shall be brou%ht e4ce"t at the
instance of and u"on com"laint filed b# the offended "art#.
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The Revised Rules of Criminal Procedure (Rules 110-127, Rules of Court, Effective December 1, 2000)
(he "rosecution for $iolation of s"ecial laws shall be %o$erned b# the
"ro$ision thereof.
Section 8. !ufficienc% of complaint or information. , com"laint or information is
sufficient if it states the name of the accused9 the desi%nation of the offense
%i$en b# the statute9 the acts or omissions com"lained of as constitutin%
the offense9 the name of the offended "art#9 the a""ro4imate date of the
commission of the offense9 and the "lace where the offense was
committed.
6hen an offense is committed b# more than one "erson, all of them
shall be included in the com"laint or information.
Section 7. Name of the accused. (he com"laint or information must state the name
and surname of the accused or an# a""ellation or nic0name b# which he
has been or is 0nown. )f his name cannot be ascertained, he must be
described under a fictitious name with a statement that his true name is
un0nown.
)f the true name of the accused is thereafter disclosed b# him or
a""ears in some other manner to the court, such true name shall be
inserted in the com"laint or information and record.
Section :. 0esi1nation of the offense. (he com"laint or information shall state the
desi%nation of the offense %i$en b# the statute, a$er the acts or omissions
constitutin% the offense, and s"ecif# its &ualif#in% and a%%ra$atin%
circumstances. )f there is no desi%nation of the offense, reference shall be
made to the section;subsection of the statute "unishin% it.
Section <. Cause of the accusation. (he acts or omissions com"lained of as
constitutin% the offense and the &ualif#in% and a%%ra$atin% circumstances
must be stated in ordinar# and concise lan%ua%e and not necessaril# in the
lan%ua%e used in the statute but in terms sufficient to enable a "erson of
common understandin% to 0now what offense is bein% char%ed as well as
its &ualif#in% and a%%ra$atin% circumstance and for the court to "ronounce
3ud%ment.
Section 10. +lace of commission of the offense. (he com"laint or information is
sufficient if it can be understood from its alle%ations that the offense was
committed or some of its essential in%redients occurred at some "lace
within the 3urisdiction of the court, unless the "articular "lace where it was
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The Revised Rules of Criminal Procedure (Rules 110-127, Rules of Court, Effective December 1, 2000)
committed constitutes an essential element of the offense char%ed or is
necessar# for its identification.
Section 11. 0ate of commission of the offense. - )t is not necessar# to state in the
com"laint or information the "recise date the offense was committed
e4ce"t when it is a material in%redient of the offense. (he offense ma# be
alle%ed to ha$e been committed on a date as near as "ossible to the actual
date of its commission.
Section 12. Name of the offended part%. (he com"laint or information must state the
name and surname of the "erson a%ainst whom or a%ainst whose "ro"ert#
the offense was committed, or an# a""ellation or nic0name b# which such
"erson has been or is 0nown. )f there is no better wa# of identif#in% him, he
must be described under a fictitious name.
(a) )n offenses a%ainst "ro"ert#, if the name of the offended "art# is
un0nown, the "ro"ert# must be described with such "articularit# as
to "ro"erl# identif# the offense char%ed.
(b) )f the true name of the "erson a%ainst whom or a%ainst whose
"ro"ert# the offense was committed is thereafter disclosed or
ascertained, the court must cause such true name to be inserted in
the com"laint or information and the record.
(c) )f the offended "art# is a 3uridical "erson, it is sufficient to state its
name, or an# name or desi%nation b# which it is 0nown or b# which
it ma# be identified, without need of a$errin% that it is a 3uridical
"erson or that it is or%ani1ed in accordance with law.
Section 1+. 0uplicit% of the offense. , com"laint or information must char%e onl# one
offense, e4ce"t when the law "rescribes a sin%le "unishment for $arious
offenses.
Section 1-. Amendment or su2stitution. , com"laint or information ma# be amended,
in form or in substance, without lea$e of court and when it can be done
without causin% "re3udice to the ri%hts of the accused.
/owe$er, an# amendment before "lea, which down%rades the nature
of the offense char%ed in or e4cludes an# accused from the com"laint or
information, can be made onl# u"on motion b# the "rosecutor, with notice
to the offended "art# and with lea$e of court. (he court shall state its
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The Revised Rules of Criminal Procedure (Rules 110-127, Rules of Court, Effective December 1, 2000)
reasons in resol$in% the motion and co"ies of its order shall be furnished
all "arties, es"eciall# the offended "art#.
)f it a""ears at an#time before 3ud%ment that a mista0e has been
made in char%in% the "ro"er offense, the court shall dismiss the ori%inal
com"laint or information u"on the filin% of a new one char%in% the "ro"er
offense in accordance with Section 1<, Rule 11<, "ro$ided the accused
shall not be "laced in double 3eo"ard#. (he court ma# re&uire the
witnesses to %i$e bail for their a""earance at the trial.
Section 1.. +lace ,here action is to 2e instituted. - (a) Sub3ect to e4istin% laws, the
criminal action shall be instituted and tried in the court of the munici"alit# or
territor# where the offense was committed or where an# of its essential
in%redients occurred.
(b) 6here an offense is committed in a train, aircraft, or other "ublic
or "ri$ate $ehicle in the course of its tri", the criminal action shall be
instituted and tried in the court of an# munici"alit# or territor# where such
train, aircraft, or other $ehicle "assed durin% its tri", includin% the "lace of
its de"arture and arri$al.
(c) 6here an offense is committed on board a $essel in the course of
its $o#a%e, the criminal action shall be instituted and tried in the court of the
first "ort of entr# or of an# munici"alit# or territor# where the $essel "assed
durin% such $o#a%e, sub3ect to the %enerall# acce"ted "rinci"les of
international law.
(d) Crimes committed outside the *hili""ines but "unishable under
,rticle 2 of the Re$ised *enal Code shall be co%ni1able b# the court where
the criminal action is first filed.
Section 18. Inter$ention of the offended part% in criminal action. 6here the ci$il action
for reco$er# of ci$il liabilit# is instituted in the criminal action "ursuant to
Rule 111, the offended "art# ma# inter$ene b# counsel in the "rosecution
of the offense.
RULE 111 - PROSECUTION OF CIVIL ACTION
Section 1. Institution of criminal and ci$il actions. (a) 6hen a criminal action is
instituted, the ci$il action for the reco$er# of ci$il liabilit# arisin% from the
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offense char%ed shall be deemed instituted with the criminal action unless
the offended "art# wai$es the ci$il action, reser$es the ri%ht to institute it
se"aratel# or institutes the ci$il action "rior to the criminal action.
(he reser$ation of the ri%ht to institute se"aratel# the ci$il action shall
be made before the "rosecution starts "resentin% its e$idence and under
circumstances affordin% the offended "art# a reasonable o""ortunit# to
ma0e such reser$ation.
6hen the offended "art# see0s to enforce ci$il liabilit# a%ainst the
accused b# wa# of moral, nominal, tem"erate, or e4em"lar# dama%es
without s"ecif#in% the amount thereof in the com"laint or information, the
filin% fees therefore shall constitute a first lien on the 3ud%ment awardin%
such dama%es.
6here the amount of dama%es, other than actual, is s"ecified in the
com"laint or information, the corres"ondin% filin% fees shall be "aid b# the
offended "art# u"on the filin% thereof in court.
=4ce"t as otherwise "ro$ided in these Rules, no filin% fees shall be
re&uired for actual dama%es.
7o counterclaim, cross-claim or third-"art# com"laint ma# be filed b#
the accused in the criminal case, but an# cause of action which could ha$e
been the sub3ect thereof ma# be liti%ated in a se"arate ci$il action.
(b) (he criminal action for $iolation of >atas *ambansa >l%. 22 shall be
deemed to include the corres"ondin% ci$il action. 7o reser$ation to file
such ci$il action se"aratel# shall be allowed.
?"on filin% of the aforesaid 3oint criminal and ci$il actions, the
offended "art# shall "a# in full the filin% fees based on the amount of the
chec0 in$ol$ed, which shall be considered as the actual dama%es claimed.
6here the com"laint or information also see0s to reco$er li&uidated, moral,
nominal, tem"erate or e4em"lar# dama%es, the offended "art# shall "a#
additional filin% fees based on the amounts alle%ed therein. )f the amounts
are not so alle%ed but an# of these dama%es are subse&uentl# awarded b#
the court, the filin% fees based on the amount awarded shall constitute a
first lien on the 3ud%ment.
6here the ci$il action has been filed se"aratel# and trial thereof has
not #et commenced, it ma# be consolidated with the criminal action u"on
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The Revised Rules of Criminal Procedure (Rules 110-127, Rules of Court, Effective December 1, 2000)
a""lication with the court tr#in% the latter case. )f the a""lication is %ranted,
the trial of both actions shall "roceed in accordance with Section 2 of this
Rule %o$ernin% consolidation of the ci$il and criminal actions.
Section 2. When separate ci$il action is suspended. ,fter the criminal action has
been commenced, the se"arate ci$il action arisin% therefrom cannot be
instituted until final 3ud%ment has been entered in the criminal action.
)f the criminal action is filed after the said ci$il action has alread#
been instituted, the latter shall be sus"ended in whate$er state it ma# be
found before 3ud%ment on the merits. (he sus"ension shall last until final
3ud%ment is rendered in the criminal action. 7e$ertheless, before 3ud%ment
on the merits rendered in the ci$il action, the same ma#, u"on motion of the
offended "art#, be consolidated with the criminal action in the court tr#in%
the criminal action. )n case of consolidation, the e$idence alread# adduced
in the ci$il action shall be deemed automaticall# re"roduced in the criminal
action without "re3udice to the ri%ht of the "rosecution to cross-e4amine the
witness "resented b# the offended "art# in the criminal case and of the
"arties to "resent additional e$idence. (he consolidated criminal and ci$il
actions shall be tried and decided 3ointl#.
@urin% the "endenc# of the criminal action, the runnin% "eriod of
"rescri"tion of the ci$il action which cannot be instituted se"aratel# or
whose "roceedin% has been sus"ended shall be tolled.
(he e4tinction of the "enal action does not carr# with it e4tinction of
the ci$il action. /owe$er, the ci$il action based on delict shall be deemed
e4tin%uished if there is a findin% in a final 3ud%ment in the criminal action
that the act or omission from which the ci$il liabilit# ma# arise did not e4ist.
Section +. When ci$il action ma% proceed independentl%. )n the cases "ro$ided in
,rticles +2, ++, +- and 2178 of the Ci$il Code of the *hili""ines, the
inde"endent ci$il action ma# be brou%ht b# the offended "art#. )t shall
"roceed inde"endentl# of the criminal action and shall re&uire onl# a
"re"onderance of e$idence. )n no case, howe$er, ma# the offended "art#
reco$er dama%es twice for the same act or omission char%ed in the
criminal action.
Section -. #ffect of death on ci$il actions. (he death of the accused after
arrai%nment and durin% the "endenc# of the criminal action shall e4tin%uish
the ci$il liabilit# arisin% from the delict. /owe$er, the inde"endent ci$il
action instituted under Section + of this Rule or which thereafter is
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The Revised Rules of Criminal Procedure (Rules 110-127, Rules of Court, Effective December 1, 2000)
instituted to enforce liabilit# arisin% from other sources of obli%ation ma# be
continued a%ainst the estate or le%al re"resentati$e of the accused after
"ro"er substitution or a%ainst said estate, as the case ma# be. (he heirs of
the accused ma# be substituted for the deceased without re&uirin% the
a""ointment of an e4ecutor or administrator and the court ma# a""oint a
%uardian ad litem for the minor heirs.
(he court shall forthwith order said le%al re"resentati$e or
re"resentati$es to a""ear and be substituted within a "eriod of thirt# (+0)
da#s from notice.
, final 3ud%ment entered in fa$or of the offended "art# shall be
enforced in the manner es"eciall# "ro$ided in these rules for "rosecutin%
claims a%ainst the estate of the deceased.
)f the accused dies before arrai%nment, the case shall be dismissed
without "re3udice to an# ci$il action the offended "art# ma# file a%ainst the
estate of the deceased.
Section .. 3ud1ment in ci$il action not a 2ar. , final 3ud%ment rendered in a ci$il
action absol$in% the defendant from ci$il liabilit# is not a bar to a criminal
action a%ainst the defendant for the same act or omission sub3ect of the
ci$il action.
Section 8. !uspension 2% reason of pre4udicial 5uestion. , "etition for sus"ension of
the criminal action based u"on the "endenc# of a "re3udicial &uestion in a
ci$il action ma# be filed in the office of the "rosecutor or the court
conductin% the "reliminar# in$esti%ation. 6hen the criminal action has
been filed in court for trial, the "etition to sus"end shall be filed in the same
criminal action at an# time before the "rosecution rests.
Section 7. #lements of pre4udicial 5uestion. (he elements of a "re3udicial &uestion
are (a) the "re$iousl# instituted ci$il action in$ol$es an issue similar or
intimatel# related to the issue raised in the subse&uent criminal action, and
(b) the resolution of such issue determines whether or not the criminal
action ma# "roceed.
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RULE 112 - PRELIMINARY INVESTIGATION
Section 1. +reliminar% in$esti1ation defined6 ,hen re5uired. *reliminar#
in$esti%ation is an in&uir# or "roceedin% to determine whether there is
sufficient %round to en%ender a well-founded belief that a crime has been
committed and the res"ondent is "robabl# %uilt# thereof, and should be
held for trial.
=4ce"t as "ro$ided in Section 7 of this Rule, a "reliminar#
in$esti%ation is re&uired to be conducted before the filin% of a com"liant or
information for an offense where the "enalt# "rescribed b# law is at least
four (-) #ears, two (2) months and one (1) da# without re%ard to the fine.
Section 2. Officers authori7ed to conduct preliminar% in$esti1ations. (he followin%
ma# conduct "reliminar# in$esti%ations
(a) *ro$incial or Cit# *rosecutors and their assistants9
(b) Aud%es of the 'unici"al (rial Courts B 'unici"al Circuit (rial
Courts9
(c) 7ational and Re%ional State *rosecutors9 and
(d) 2ther officers as ma# be authori1ed b# law.
(heir authorit# to conduct "reliminar# in$esti%ations shall include all
crimes co%ni1able b# the "ro"er court in their res"ecti$e territorial
3urisdictions.
Section +. +rocedure. (he "reliminar# in$esti%ation shall be conducted in the
followin% manner
(a) (he com"laint shall state the address of the res"ondent and shall
be accom"anied b# the affida$its of the com"lainant and his
witnesses, as well as other su""ortin% documents to establish
"robable cause. (he# shall be in such number of co"ies as there
are res"ondents, "lus two (2) co"ies for the official file. (he
affida$its shall be subscribed and sworn to before an# "rosecutor
or %o$ernment official authori1ed to administer oath, or, in their
absence or una$ailabilit#, before a notar# "ublic, each of whom
must certif# that he "ersonall# e4amined the affiants and that he is
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satisfied that the# $oluntaril# e4ecuted and understood their
affida$its.
(b) 6ithin ten (10) da#s after the filin% of the com"laint, the
in$esti%atin% officer shall either dismiss it if he finds no %round to
continue with the in$esti%ation, or issue a sub"oena to the
res"ondent attachin% to it a co"# of the com"laint and its
su""ortin% affida$its and documents.
(he res"ondent shall ha$e the ri%ht to e4amine the e$idence
submitted b# the com"lainant which he ma# not ha$e been
furnished and to co"# them at his e4"ense. )f the e$idence is
$oluminous, the com"lainant ma# be re&uired to s"ecif# those
which he intends to "resent a%ainst the res"ondent, and these
shall be made a$ailable for e4amination or co"#in% b# the
res"ondent at his e4"ense.
2b3ects as e$idence need not be furnished a "art# but shall be
made a$ailable for e4amination, co"#in%, or "hoto%ra"hin% at the
e4"ense of the re&uestin% "art#.
(c) 6ithin ten (10) da#s from recei"t of the sub"oena with the
com"laint and su""ortin% affida$its and documents, the
res"ondent shall submit his counter-affida$it and that of his
witnesses and other su""ortin% documents relied u"on for his
defense. (he counter-affida$its shall be subscribed and sworn to
and certified as "ro$ided in "ara%ra"h (a) of this Section, with
co"ies thereof furnished b# him to the com"lainant. (he
res"ondent shall not be allowed to file a motion to dismiss in lieu of
a counter-affida$it.
(d) )f the res"ondent cannot be sub"oenaed, or if sub"oenaed, does
not submit counter-affida$its within the ten (10) da# "eriod, the
in$esti%atin% office shall resol$e the com"laint based on the
e$idence "resented b# the com"lainant.
(e) (he in$esti%atin% officer ma# set a hearin% if there are facts and
issues to be clarified from a "art# or a witness. (he "arties can be
"resent at the hearin% but without the ri%ht to e4amine or cross-
e4amine. (he# ma#, howe$er, submit to the in$esti%atin% officer
&uestions which ma# be as0ed to the "art# or witness concerned.
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(he hearin% shall be held within ten (10) da#s from submission
of the counter-affida$its and other documents or from the
e4"iration of the "eriod for their submission. )t shall be terminated
within fi$e (.) da#s.
(f) 6ithin ten (10) da#s after the in$esti%ation, the in$esti%atin% officer
shall determine whether or not there is sufficient %round to hold the
res"ondent for trial.
Section -. Resolution of in$esti1atin1 prosecutor and its re$ie,. )f the in$esti%atin%
"rosecutor finds cause to hold the res"ondent for trial, he shall "re"are the
resolution and information. /e shall certif# under oath in the information
that he, or as shown b# the record, an authori1ed officer, has "ersonall#
e4amined the com"lainant and his witnesses9 that there is reasonable
%round to belie$e that a crime has been committed and that the accused is
"robabl# %uilt# thereof9 that the accused was informed of the com"laint and
of the e$idence submitted a%ainst him9 and that he was %i$en an
o""ortunit# to submit contro$ertin% e$idence. 2therwise, he shall
recommend the dismissal of the com"laint.
6ithin fi$e (.) da#s from his resolution, he shall forward the record of
the case to the "ro$incial or cit# "rosecutor or chief state "rosecutor, or to
the 2mbudsman or his de"ut# in cases of offenses co%ni1able b# the
Sandi%anba#an in the e4ercise of its ori%inal 3urisdiction. (he# shall act on
the resolution within ten (10) da#s from their recei"t thereof and shall
immediatel# inform the "arties of such action.
7o com"laint or information ma# be filed or dismissed b# an
in$esti%atin% "rosecutor without the "rior written authorit# or a""ro$al of
the "ro$incial or cit# "rosecutor or chief state "rosecutor or the
2mbudsman or his de"ut#.
6here the in$esti%atin% "rosecutor recommends the dismissal of the
com"laint but his recommendation is disa""ro$ed b# the "ro$incial or cit#
"rosecutor or chief state "rosecutor or the 2mbudsman or his de"ut# on
the %round that a "robable cause e4ists, the latter ma#, b# himself, file the
information a%ainst the res"ondent, or direct another assistant "rosecutor
or state "rosecutor to do so without conductin% another "reliminar#
in$esti%ation.
)f u"on "etition b# a "ro"er "art# under such rules as the @e"artment
of Austice ma# "rescribe or motu proprio, the Secretar# of Austice re$erses
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The Revised Rules of Criminal Procedure (Rules 110-127, Rules of Court, Effective December 1, 2000)
or modifies the resolution of the "ro$incial or cit# "rosecutor or chief state
"rosecutor, he shall direct the "rosecutor concerned either to file the
corres"ondin% information without conductin% anther "reliminar#
in$esti%ation, or to dismiss or mo$e for dismissal of the com"laint or
information with notice to the "arties. (he same rule shall a""l# in
"reliminar# in$esti%ations conducted b# the officers of the 2ffice of the
2mbudsman.
Section .. Resolution of in$esti1atin1 4ud1e and its re$ie,. 6ithin ten (10) da#s
after the "reliminar# in$esti%ation, the in$esti%atin% 3ud%e shall transmit the
resolution of the case to the "ro$incial or cit# "rosecutor, or to the
2mbudsman or his de"ut# in cases of offenses co%ni1able b# the
Sandi%anba#an in the e4ercise of its ori%inal 3urisdiction, for a""ro"riate
action. (he resolution shall state the findin%s of facts and the law
su""ortin% his action, to%ether with the record of the case which shall
include (a) the warrant, if the arrest is b# $irtue of a warrant9 (b) the
affida$its, counter-affida$its and other su""ortin% e$idence of the "arties9
(c) the underta0in% or bail of the accused and the order for his release9 (d)
the transcri"ts of the "roceedin%s durin% the "reliminar# in$esti%ation9 and
(e) the order of cancellation of his bail bond, if the resolution is for the
dismissal of the com"laint.
6ithin thirt# (+0) da#s from recei"t of the records, the "ro$incial or cit#
"rosecutor, or the 2mbudsman or his de"ut#, as the case ma# be, shall
re$iew the resolution of the in$esti%atin% 3ud%e on the e4istence of
"robable cause. (heir rulin% shall e4"ressl# and clearl# state the facts and
the law on which it is based and the "arties shall be furnished with co"ies
thereof. (he# shall order the release of an accused who is detained if no
"robable cause is found a%ainst him.
Section 8. When ,arrant of arrest ma% issue. (a) 8% the Re1ional Trial Court.
6ithin ten (10) da#s from the filin% of the com"laint or information, the
3ud%e shall "ersonall# e$aluate the resolution of the "rosecutor and its
su""ortin% e$idence. /e ma# immediatel# dismiss the case if the e$idence
on record clearl# fails to establish "robable cause. )f he finds "robable
cause, he shall issue a warrant of arrest, or a commitment order if the
accused has alread# been arrested "ursuant to a warrant issued b# the
3ud%e who conducted the "reliminar# in$esti%ation or when the com"laint
or information was filed "ursuant to Section 7 of this Rule. )n case of doubt
on the e4istence of "robable cause, the 3ud%e ma# order the "rosecutor to
"resent additional e$idence within fi$e (.) da#s from notice and the issue
must be resol$ed b# the court within thirt# (+0) da#s from the filin% of the
com"laint of information.
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The Revised Rules of Criminal Procedure (Rules 110-127, Rules of Court, Effective December 1, 2000)
(b) 8% the Municipal Trial Court. 6hen re&uired "ursuant to the
second "ara%ra"h of Section of this Rule, the "reliminar# in$esti%ation of
cases fallin% under the ori%inal 3urisdiction of the 'etro"olitan (rial Court,
'unici"al (rial Court in Cities, 'unici"al (rial Court, or 'unici"al Circuit
(rial Court ma# be conducted b# either the 3ud%e or the "rosecutor. 6hen
conducted b# the "rosecutor, the "rocedure for the issuance of a warrant of
arrest b# the 3ud%e shall be %o$erned b# "ara%ra"h (a) of this Section.
6hen the in$esti%ation is conducted b# the 3ud%e himself, he shall follow
the "rocedure "ro$ided in Section + of this Rule. )f his findin%s and
recommendations are affirmed b# the "ro$incial or cit# "rosecutor, or b#
the 2mbudsman or his de"ut#, and the corres"ondin% information is filed,
he shall issue a warrant of arrest. /owe$er, without waitin% for the
conclusion of the in$esti%ation, the 3ud%e ma# issue a warrant of arrest if
he finds after an e4amination in writin% and under oath of the com"lainant
and his witnesses in the form of searchin% &uestions and answers, that a
"robable cause e4ists and that there is a necessit# of "lacin% the
res"ondent under immediate custod# in order not to frustrate the ends of
3ustice.
(c) When ,arrant of arrest not necessar%. , warrant of arrest shall
not issue if the accused is alread# under detention "ursuant to a warrant
issued b# the munici"al trial court in accordance with "ara%ra"h (b) of this
Section, or if the com"laint or information was filed "ursuant to Section 7 of
this Rule or is for an offense "enali1ed b# fine onl#. (he court shall them
"roceed in the e4ercise of its ori%inal 3urisdiction.
Section 7. When accused la,full% arrested ,ithout ,arrant. 6hen a "erson is
lawfull# arrested without a warrant in$ol$in% an offense which re&uires a
"reliminar# in$esti%ation, the com"laint or information ma# be filed b# a
"rosecutor without need of such in$esti%ation "ro$ided an in&uest has
been conducted in accordance with e4istin% rules. )n the absence or
una$ailabilit# of an in&uest "rosecutor, the com"laint ma# be filed b# the
offended "art# or a "eace officer directl# with the "ro"er court on the basis
of the affida$it of the offended "art# or arrestin% officer or "erson.
>efore the com"laint or information is filed, the "erson arrested ma#
as0 for a "reliminar# in$esti%ation in accordance with this Rule, but he
must si%n a wai$er of the "ro$ision of ,rticle 12. of the Re$ised *enal
Code, as amended, in the "resence of his counsel. 7otwithstandin% the
wai$er, he ma# a""l# for bail and the in$esti%ation must be terminated
within fifteen (1.) da#s from its ince"tion.
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The Revised Rules of Criminal Procedure (Rules 110-127, Rules of Court, Effective December 1, 2000)
,fter the filin% of the com"laint or information in court without a
"reliminar# in$esti%ation, the accused ma#, within fi$e (.) da#s from the
time he learns of its filin%, as0 for a "reliminar# in$esti%ation with the same
ri%ht to adduce e$idence in his defense as "ro$ided in this Rule.
Section :. Records. (a) Records supportin1 the information or complaint. ,n
information or com"laint filed in court shall be su""orted b# the affida$its
and counter-affida$its of the "arties and their witnesses, to%ether with the
other su""ortin% e$idence and the resolution on the case.
(b) Record of preliminar% in$esti1ation. 9 (he record of the "reliminar#
in$esti%ation, whether conducted b# a 3ud%e or a "rosecutor, shall not form
"art of the record of the case. /owe$er, the court, on its own initiati$e or on
motion of an# "art#, ma# order the "roduction of the record or an# of its
"art when necessar# in the resolution of the case or an# incident therein, or
when it is to be introduced as an e$idence in the case b# the re&uestin%
"art#.
Section <. Cases not re5uirin1 a preliminar% in$esti1ation nor co$ered 2% the Rule on
!ummar% +rocedure. (a/ If filed ,ith the prosecutor. )f the com"laint is
filed directl# with the "rosecutor in$ol$in% an offense "unishable b#
im"risonment of less than four (-) #ears, two (2) months and one (1) da#,
the "rocedure outlined in Section +(a) of this Rule shall be obser$ed. (he
"rosecutor shall act on the com"laint based on the affida$its and other
su""ortin% documents submitted b# the com"lainant within ten (10) da#s
from its filin%.
(2/ If filed ,ith the Municipal Trial Court. )f the com"laint or
information is filed with the 'unici"al (rial Court or 'unici"al Circuit (rial
Court for an offense co$ered b# this Section, the "rocedure in Section + (a)
of this Rule shall be obser$ed. )f within ten (10) da#s after the filin% of the
com"laint or information, the 3ud%e finds no "robable cause after
"ersonall# e$aluatin% the e$idence, or after "ersonall# e4aminin% in writin%
and under oath the com"lainant and his witnesses in the form of searchin%
&uestions and answers, he shall dismiss the same. /e ma#, howe$er,
re&uire the submission of additional e$idence, within ten (10) da#s from
notice, to determine further the e4istence of "robable cause. )f the 3ud%e
still finds no "robable cause des"ite the additional e$idence, he shall,
within ten (10) da#s from its submission or e4"iration of said "eriod,
dismiss the case. 6hen he finds "robable cause, he shall issue a warrant
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The Revised Rules of Criminal Procedure (Rules 110-127, Rules of Court, Effective December 1, 2000)
of arrest, or a commitment order if the accused had alread# been arrested,
and hold him for trial. /owe$er, if the 3ud%e is satisfied that there is no
necessit# for "lacin% the accused under custod#, he ma# issue summons
instead of a warrant of arrest.
RULE 113 - ARREST
Section 1. 0efinition of arrest. ,rrest is the ta0in% of a "erson into custod# in order
that he ma# be bound to answer for the commission of an offense.
Section 2. Arrest6 ho, made. ,n arrest is made b# an actual restraint of a "erson to
be arrested, or b# his submission to the custod# of the "erson ma0in% the
arrest.
7o $iolence or unnecessar# force shall be used in ma0in% an arrest.
(he "erson arrested shall not be sub3ect to a %reater restraint than is
necessar# for his detention.
Section +. 0ut% of arrestin1 officer. )t shall be the dut# of the officer e4ecutin% the
warrant to arrest the accused and deli$er him to the nearest "olice station
or 3ail without unnecessar# dela#.
Section -. #:ecution of ,arrant. (he head of the office to whom the warrant of
arrest was deli$ered for e4ecution shall cause the warrant to be e4ecuted
within ten (10) da#s from its recei"t. 6ithin ten (10) da#s after the
e4"iration of the "eriod, the officer to whom it was assi%ned for e4ecution
shall ma0e a re"ort to the 3ud%e who issued the warrant. )n case of his
failure to e4ecute the warrant, he shall state the reason therefore.
Section .. Arrest ,ithout ,arrant6 ,hen la,ful. , "eace officer or a "ri$ate "erson
ma#, without a warrant, arrest a "erson
(a) 6hen, in his "resence, the "erson to be arrested has committed, is
actuall# committin%, or is attem"tin% to commit an offense9
(b) 6hen an offense has 3ust been committed and he has "robable
cause to belie$e based on "ersonal 0nowled%e of facts or
circumstances that the "erson to be arrested has committed it9 and
(c) 6hen the "erson to be arrested is a "risoner who has esca"ed
from a "enal establishment or "lace where he is ser$in% final
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The Revised Rules of Criminal Procedure (Rules 110-127, Rules of Court, Effective December 1, 2000)
3ud%ment or is tem"oraril# confined while his case is "endin%, or
has esca"ed while bein% transferred from one confinement to
another.
)n cases fallin% under "ara%ra"hs (a) and (b) abo$e, the "erson
arrested without a warrant shall be forthwith deli$ered to the nearest "olice
station or 3ail and shall be "roceeded a%ainst in accordance with Sec. 7 of
Rule 112.
Section 8. Time of ma;in1 arrest. ,n arrest ma# be made on an# da# and at an#
time of the da# or ni%ht.
Section 7. Method of arrest 2% officer 2% $irtue of ,arrant. 6hen ma0in% an arrest
b# $irtue of a warrant, the officer shall inform the "erson to be arrested of
the cause of the arrest and the fact that a warrant has been issued for his
arrest, e4ce"t when he flees or forcibl# resists before the officer has
o""ortunit# to so inform him, or when the %i$in% of such information will
im"eril the arrest. (he officer need not ha$e the warrant in his "ossession
at the time of the arrest but after the arrest, if the "erson arrested so
re&uires, the warrant shall be shown to him as soon as "racticable.
Section :. Method of arrest 2% officer ,ithout ,arrant. 6hen ma0in% an arrest
without a warrant, the officer shall inform the "erson to be arrested of his
authorit# and the cause of the arrest, unless the latter is either en%a%ed in
the commission of an offense, is "ursued immediatel# after its commission,
has esca"ed, flees, or forcibl# resists before the officer has o""ortunit# to
so inform him, or when the %i$in% of such information will im"eril the arrest.
Section <. Method of arrest 2% pri$ate person. 6hen ma0in% an arrest, a "ri$ate
"erson shall inform the "erson to be arrested of the intention to arrest him
and the case of the arrest, unless the latter is either en%a%ed in the
commission of an offense, is "ursued immediatel# after its commission, or
has esca"ed, flees, or forcibl# resists before the "erson ma0in% the arrest
has o""ortunit# to so inform him, or when the %i$in% of such information will
im"eril the arrest.
Section 10. Officer ma% summon assistance. ,n officer ma0in% a lawful arrest ma#
orall# summon as man# "ersons as he deems necessar# to assist him in
effectin% the arrest. =$er# "erson so summoned b# an officer shall assist
him in effectin% the arrest when he can render such assistance without
detriment to himself.
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The Revised Rules of Criminal Procedure (Rules 110-127, Rules of Court, Effective December 1, 2000)
Section 11. Ri1ht of officer to 2rea; into 2uildin1 or enclosure. ,n officer, in order to
ma0e an arrest either b# $irtue of a warrant, or without a warrant as
"ro$ided in Section ., ma# brea0 into an# buildin% or enclosure where the
"erson to be arrested is or is reasonabl# belie$ed to be, if he is refused
admittance thereto, after announcin% his authorit# and "ur"ose.
Section 12. Ri1ht to 2rea; out from 2uildin1 or enclosure. 6hene$er an officer has
entered the buildin% or enclosure in accordance with the "recedin% section,
he ma# brea0 out therefrom when necessar# to liberate himself.
Section 1+. Arrest after escape or rescue. )f a "erson lawfull# arrested esca"es or is
rescued, an# "erson ma# immediatel# "ursue or reta0e him without a
warrant at an# time and in an# "lace within the *hili""ines.
Section 1-. Ri1ht of attorne% or relati$e to $isit person arrested. ,n# member of the
*hili""ine >ar shall, at the re&uest of the "erson arrested or of another
actin% in his behalf, ha$e the ri%ht to $isit and confer "ri$atel# with such
"erson in the 3ail or an# other "lace of custod# at an# hour of the da# or
ni%ht. Sub3ect to reasonable re%ulations, a relati$e of the "erson arrested
can also e4ercise the same ri%ht.
RULE 114 - BAIL
Section 1. 8ail defined. >ail is the securit# %i$en for the release of a "erson in
custod# of the law, furnished b# him or a bondsman, to %uarantee his
a""earance before an# court as re&uired under the conditions hereinafter
s"ecified. >ail ma# be %i$en in the form of cor"orate suret#, "ro"ert# bond,
cash de"osit, or reco%ni1ance.
Section 2. Conditions of the 2ail6 re5uirements. ,ll 0inds of bail are sub3ect to the
followin% conditions
(a) (he underta0in% shall be effecti$e u"on a""ro$al, and unless
cancelled, shall remain in force at all sta%es of the case until
"romul%ation of the 3ud%ment of the Re%ional (rial Court, irres"ecti$e
of whether the case was ori%inall# filed in or a""ealed to it9
(b) (he accused shall a""ear before the "ro"er court whene$er
re&uired b# the court of these Rules9
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The Revised Rules of Criminal Procedure (Rules 110-127, Rules of Court, Effective December 1, 2000)
(c) (he failure of the accused to a""ear at the trial without 3ustification
and des"ite due notice shall be deemed a wai$er of his ri%ht to be
"resent thereat. )n such case, the trial ma# "roceed in a2sentia9 and
(d) (he bondsman shall surrender the accused to the court for
e4ecution of the final 3ud%ment.
(he ori%inal "a"ers shall state the full name and address of the
accused, the amount of the underta0in% and the conditions re&uired b# this
section. *hoto%ra"hs ("ass"ort si1e) ta0en within the last si4 (8) months
showin% the face, left and ri%ht "rofiles of the accused must be attached to
the bail.
Section +. No release or transfer e:cept on court order or 2ail. 7o "erson under
detention b# le%al "rocess shall be released or transferred e4ce"t u"on
order of the court or when he is admitted to bail.
Section -. 8ail' a matter of ri1ht6 e:ception. ,ll "ersons in custod# shall be admitted
to bail as a matter of ri%ht, with sufficient sureties, or released on
reco%ni1ance as "rescribed b# law or this Rule (a) before or after
con$iction b# the 'etro"olitan (rial Court, 'unici"al (rial Court, 'unici"al
(rial Court in Cities, or 'unici"al Circuit (rial Court, and (b) before
con$iction b# the Re%ional (rial court of an offense not "unishable b#
death, reclusion perpetua, or life im"risonment.
Section .. 8ail' ,hen discretionar%. ?"on con$iction b# the Re%ional (rial Court of an
offense not "unishable b# death, reclusion perpetua, or life im"risonment,
admission to bail is discretionar#. (he a""lication for bail ma# be filed and
acted u"on b# the trial court des"ite the filin% of a notice of a""eal, "ro$ided
it has not transmitted the ori%inal record to the a""ellate court. /owe$er, if
the decision of the trial court con$iction the accused chan%ed the nature of
the offense from non-bailable to bailable, the a""lication for bail can onl# be
filed with and resol$ed b# the a""ellate court.
Should the court %rant the a""lication, the accused ma# be allowed to
continue on "ro$isional libert# durin% the "endenc# of the a""eal under the
same bail sub3ect to the consent of the bondsman.
)f the "enalt# im"osed b# the trial court is im"risonment e4ceedin%
si4 (8) #ears, the accused shall be denied bail, or his bail shall be cancelled
u"on a showin% b# the "rosecution, with notice to the accuse, of the
followin% or other similar circumstances
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The Revised Rules of Criminal Procedure (Rules 110-127, Rules of Court, Effective December 1, 2000)
(a) (hat he is a recidi$ist, &uasi-recidi$ist, or habitual delin&uent, or
has committed the crime a%%ra$ated b# the circumstance of
reiteration9
(b) (hat he has "re$iousl# esca"ed from le%al confinement, e$aded
sentence, or $iolated the conditions of his bail without $alid
3ustification9
(c) (hat he committed the offense while under "robation, "arole, or
conditional "ardon9
(d) (hat the circumstances of his case indicate the "robabilit# of
fli%ht if released on bail9 or
(e) (hat there is undue ris0 that he ma# commit another crime
durin% the "endenc# of the a""eal.
(he a""ellate court ma#, motu proprio or on motion of an# "art#,
re$iew the resolution of the Re%ional (rial Court after notice to the ad$erse
"art# in either case.
Section 8. Capital offense defined. , ca"ital offense is an offense which, under the
law e4istin% at the time of its commission and of the a""lication for
admission to bail, ma# be "unished with death.
Section 7. Capital offense or an offense punisha2le 2% reclusion perpetua or life
imprisonment' not 2aila2le. 7o "erson char%ed with a ca"ital offense, or
an offense "unishable b# reclusion perpetua or life im"risonment, shall be
admitted to bail when e$idence of %uilt is stron%, re%ardless of the state of
the criminal "rosecution.
Section :. 8urden of proof in 2ail application. ,t the hearin% of an a""lication for bail
filed b# a "erson who is in custod# for the commission of an offense
"unishable b# death, reclusion perpetua, or life im"risonment, the
"rosecution has the burden of showin% that e$idence of %uilt is stron%. (he
e$idence "resented durin% the bail hearin% shall be considered
automaticall# re"roduced at the trial but, u"on motion of either "art#, the
court ma# recall an# witness for additional e4amination unless the latter is
dead, outside the *hili""ines, or otherwise unable to testif#.
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The Revised Rules of Criminal Procedure (Rules 110-127, Rules of Court, Effective December 1, 2000)
Section <. Amount of 2ail6 1uidelines. (he 3ud%e who issued the warrant or %ranted
the a""lication shall fi4 a reasonable amount of bail considerin% "rimaril#,
but not limited to, the followin%
(a) !inancial liabilit# of the accused to %i$e bail9
(b) 7ature and circumstance of the offense9
(c) *enalt# for the offense char%ed9
(d) Character and re"utation of the accused9
(e) ,%e and health of the accused9
(f) 6ei%ht of the e$idence a%ainst the accused9
(%) *robabilit# of the accused a""earin% at the trial9
(h) !orfeiture of other bail9
(i) (he fact that the accused was a fu%iti$e from 3ustice when
arrested9 and
(3) *endenc# of other cases where the accused is on bail.
=4cessi$e bail shall not be re&uired.
Section 10. Corporate suret%. ,n# domestic or forei%n cor"oration, licensed as a
suret# in accordance with law and currentl# authori1ed to act as such, ma#
"ro$ide bail b# a bond subscribed 3ointl# b# the accused and an officer of
the cor"oration dul# authori1ed b# its board of directors.
Section 11. +ropert% 2ond' ho, posted. , "ro"ert# bond is an underta0in%
constituted as lien on the real "ro"ert# %i$en as securit# for the amount of
the bail. 6ithin ten (10) da#s after the a""ro$al of the bond, the accused
shall cause the annotation of the lien on the certificate of title on file with
the Re%istr# of @eeds if the land is re%istered, or if unre%istered, in the
Re%istration >oo0 on the s"ace "ro$ided therefore, in the Re%istr# of
@eeds for the "ro$ince or cit# where the land lies, and on the
corres"ondin% ta4 declaration in the office of the "ro$incial, cit# and
munici"al assessor concerned.
6ithin the same "eriod, the accused shall submit to the court his
com"liance and his failure to do so shall be sufficient cause for the
cancellation of the "ro"ert# bond and his re-arrest and detention.
Section 12. <ualifications of sureties in propert% 2ond. (he &ualifications of sureties
in a "ro"ert# bond shall be as follows
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The Revised Rules of Criminal Procedure (Rules 110-127, Rules of Court, Effective December 1, 2000)
(a) =ach must be a resident owner of real estate within the
*hili""ines9
(b) 6here there is onl# one suret#, his real estate must be worth at
least the amount of underta0in%9
(c) )f there are two or more sureties, each ma# 3ustif# in an amount
less than that e4"ressed in the underta0in% but the a%%re%ate of
the 3ustified sums must be e&ui$alent to the whole amount of the
bail demanded.
)n all cases, e$er# suret# must be worth the amount s"ecified in his
own underta0in% o$er and abo$e all 3ust debts, obli%ations and "ro"erties
e4em"t from e4ecution.
Section 1+. 3ustification of sureties. =$er# suret# shall 3ustif# b# affida$it ta0en before
the 3ud%e that he "ossesses the &ualification "rescribed in the "recedin%
section. /e shall describe the "ro"ert# %i$en as securit#, statin% the nature
of his title, its encumbrances, the number and amount of other bails
entered into b# him and still undischar%ed, and his other liabilities. (he
court ma# e4amine the sureties u"on oath concernin% their sufficienc# in
such manner as it ma# deem "ro"er. 7o bail shall be a""ro$ed unless the
suret# is &ualified.
Section 1-. 0eposit of cash as 2ail. (he accused or an# "erson actin% in his behalf
ma# de"osit in cash with the nearest collector of internal re$enue or
"ro$incial, cit#, or munici"al treasurer the amount of bail fi4ed b# the court,
or recommended b# the "rosecutor who in$esti%ated or filed the case.
?"on submission of a "ro"er certificate of de"osit and a written
underta0in% showin% com"liance with the re&uirements of Section 2 of this
Rule, the accused shall be dischar%ed from custod#. (he mone# de"osited
shall be considered as bail and a""lied to the "a#ment of fine and costs
while the e4cess, if an#, shall be returned to the accused or to whoe$er
made the de"osit.
Section 1.. Reco1ni7ance. 6hene$er allowed b# law or these Rules, the court ma#
release a "erson in custod# on his own reco%ni1ance or that of a
res"onsible "erson.
Section 18. 8ail' ,hen not re5uired6 reduced 2ail or reco1ni7ance. 7o bail shall be
re&uired when the law or these Rules so "ro$ide.
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The Revised Rules of Criminal Procedure (Rules 110-127, Rules of Court, Effective December 1, 2000)
6hen a "erson has been in custod# for a "eriod e&ual to or more
than the "ossible ma4imum im"risonment "rescribed for the offense
char%ed, he shall be released immediatel#, without "re3udice to the
continuation of the trial or the "roceedin%s on a""eal. )f the ma4imum
"enalt# to which the accused ma# be sentenced is destierro, he shall be
released after thirt# (+0) da#s of "re$enti$e im"risonment.
, "erson in custod# for a "eriod e&ual to or more than the minimum of
the "rinci"al "enalt# "rescribed for the offense char%ed, without a""lication
of the )ndeterminate Sentence Caw or an# modif#in% circumstance, shall be
released on a reduced bail or on his own reco%ni1ance, at the discretion of
the court.
Section 17. 8ail' ,here filed. (a) >ail in the amount fi4ed ma# be filed with the court
where the case is "endin%, or in the absence or una$ailabilit# of the 3ud%e
thereof, with an# re%ional trial 3ud%e, metro"olitan trial 3ud%e, munici"al trial
3ud%e, or munici"al circuit trial 3ud%e in the "ro$ince, cit# or munici"alit#. )f
the accused is arrested in a "ro$ince, cit#, or munici"alit# other than where
the case is "endin%, bail ma# also be filed with an# re%ional trial court of
said "lace, of if no 3ud%e thereof is a$ailable, with an# metro"olitan trial
3ud%e, munici"al trial 3ud%e, or munici"al circuit trial 3ud%e therein.
(b) 6here the %rant of bail is a matter of discretion, or the accused
see0s to be released on reco%ni1ance, the a""lication ma# onl# be filed in
the court where the case is "endin%, whether on "reliminar# in$esti%ation,
trial, or a""eal.
,n# "erson in custod# who is not #et char%ed in court ma# a""l# for
bail with an# court in the "ro$ince, cit#, or munici"alit# where he is held.
Section 1:. Notice of application to prosecutor. )n the a""lication for bail under
Section : of this Rule, the court must %i$e reasonable notice of the hearin%
to the "rosecutor or re&uire him to submit his recommendation.
Section 1<. Release on 2ail. (he accused must be dischar%ed u"on a""ro$al of the
bail b# the 3ud%e with whom it was filed in accordance with Section 17 of
this Rule.
6hen bail is filed with a court other than where the case is "endin%,
the 3ud%e who acce"ted the bail shall forward it, to%ether with the order of
release and other su""ortin% "a"ers, to the court where the case is
"endin%, which ma#, for %ood reason, re&uire a different one to be filed.
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The Revised Rules of Criminal Procedure (Rules 110-127, Rules of Court, Effective December 1, 2000)
Section 20. Increase or reduction of 2ail. ,fter the accused is admitted to bail, the
court ma#, u"on %ood cause, either increase or reduce its amount. 6hen
increased, the accused ma# be committed to custod# if he does not %i$e
bail in the increased amount within a reasonable "eriod. ,n accused held
to answer a criminal char%e, who is released without bail u"on filin% of the
com"laint or information, ma#, at an# subse&uent sta%e of the "roceedin%s
and whene$er a stron% showin% of %uilt a""ears to the court, be re&uired to
%i$e bail in the amount fi4ed, or in lieu thereof, committed to custod#.
Section 21. =orfeiture of 2ail. 6hen the "resence of the accused is re&uired b# the
court or these Rules, his bondsmen shall be notified to "roduce him before
the court on a %i$en date and time. )f the accused fails to a""ear in "erson
as re&uired, his bail shall be declared forfeited and the bondsmen %i$en
thirt# (+0) da#s within which to "roduce their "rinci"al and to show wh# no
3ud%ment should be rendered a%ainst them for the amount of their bail.
6ithin the said "eriod, the bondsmen must
(a) "roduce the bod# of their "rinci"al or %i$e the reason for his non-
"roduction9 and
(b) e4"lain wh# the accused did not a""ear before the court when first
re&uired to do so.
!ailin% in these two re&uisites, a 3ud%ment shall be rendered a%ainst
the bondsmen, 3ointl# and se$erall#, for the amount of the bail. (he court
shall not reduce or otherwise miti%ate the liabilit# of the bondsmen, unless
the accused has been surrendered or is ac&uitted.
Section 22. Cancellation of 2ail. ?"on a""lication of the bondsmen, with due notice
to the "rosecutor, the bail ma# be cancelled u"on surrender of the accused
or "roof of his death. (he bail shall be deemed automaticall# cancelled
u"on ac&uittal of the accused, dismissal of the case, or e4ecution of the
3ud%ment of con$iction. )n all instances, the cancellation shall be without
"re3udice to an# liabilit# on the bail.
Section 2+. Arrest of accused out on 2ail. !or the "ur"ose of surrenderin% the
accused, the bondsmen ma# arrest him or, u"on written authorit# endorsed
on a certified co"# of the underta0in%, cause him to be arrested b# a "olice
officer or an# other "erson of suitable a%e and discretion.
,n accused released on bail ma# be re-arrested without the necessit#
of a warrant if he attem"ts to de"art from the *hili""ines without
"ermission of the court where the case is "endin%.
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The Revised Rules of Criminal Procedure (Rules 110-127, Rules of Court, Effective December 1, 2000)
Section 2-. No 2ail after final 4ud1ment6 e:ception. 7o bail shall be allowed after a
3ud%ment of con$iction has become final. )f before such finalit#, the
accused a""lies for "robation, he ma# be allowed tem"orar# libert# under
his bail. 6hen no bail was filed or the accused is inca"able of filin% one,
the court ma# allow his release on reco%ni1ance to the custod# of a
res"onsible member of the communit#. )n no case shall bail be allowed
after the accused has commenced to ser$e sentence.
Section 2.. Court super$ision of detainees. (he court shall e4ercise su"er$ision o$er
all "ersons in custod# for the "ur"ose of eliminatin% unnecessar#
detention. (he e4ecuti$e 3ud%es of the Re%ional (rial Courts shall conduct
monthl# "ersonal ins"ections of "ro$incial, cit#, and munici"al 3ails and the
"risoners within their res"ecti$e 3urisdictions. (he# shall ascertain the
number of detainees, in&uire on their "ro"er accommodation and health
and e4amine the condition of the 3ail facilities. (he# shall order the
se%re%ation of se4es and of minors from adults, ensure the obser$ance of
the ri%ht of detainees to confer "ri$atel# with counsel, and stri$e to
eliminate conditions inimical to the detainees.
)n cities and munici"alities to be s"ecified b# the Su"reme Court, the
munici"al trial 3ud%es or munici"al circuit trial 3ud%es shall conduct monthl#
"ersonal ins"ections of the munici"al 3ails in their res"ecti$e munici"alities
and submit a re"ort to the e4ecuti$e 3ud%e of the Re%ional (rial Court
ha$in% 3urisdiction therein.
, monthl# re"ort of such $isitation shall be submitted b# the
e4ecuti$e 3ud%es to the Court ,dministrator which shall state the total
number of detainees, the names of those held for more than thirt# (+0)
da#s, the duration of detention, the crime char%ed, the status of the case,
the cause for detention, and other "ertinent information.
Section 28. 8ail not a 2ar to o24ections on ille1al arrest' lac; of or irre1ular preliminar%
in$esti1ation. ,n a""lication for or admission to bail shall not bar the
accused from challen%in% the $alidit# of his arrest or the le%alit# of the
warrant issued therefore, or from assailin% the re%ularit# or &uestionin% the
absence of a "reliminar# in$esti%ation of the char%e a%ainst him, "ro$ided
that he raises them before enterin% his "lea. (he court shall resol$e the
matter as earl# as "racticable but not later than the start of the trial of the
case.
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The Revised Rules of Criminal Procedure (Rules 110-127, Rules of Court, Effective December 1, 2000)
RULE 115 - RIGHTS OF ACCUSED
Section 1. Ri1hts of accused at trial. )n all criminal "rosecutions, the accused shall
be entitled to the followin% ri%hts
(a) (o be "resumed innocent until the contrar# is "ro$ed be#ond
reasonable doubt.
(b) (o be informed of the nature and cause of the accusation a%ainst
him.
(c) (o be "resent and defend in "erson and b# counsel at e$er# sta%e
of the "roceedin%s, from arrai%nment to "romul%ation of the
3ud%ment. (he accused ma#, howe$er, wai$e his "resence at the
trial "ursuant to the sti"ulations set forth in his bail, unless his
"resence is s"ecificall# ordered b# the court for "ur"oses of
identification. (he absence of the accused without 3ustifiable cause
at the trial of which he had notice shall be considered a wai$er of
his ri%ht to be "resent thereat. 6hen an accused under custod#
esca"es, he shall be deemed to ha$e wai$ed his ri%ht to be
"resent on all subse&uent trial dates until custod# o$er him is
re%ained. ?"on motion, the accused ma# be allowed to defend
himself in "erson when it sufficientl# a""ears to the court that he
can "ro"erl# "rotect his ri%hts without the assistance of counsel.
(d) (o testif# as a witness in his own behalf but sub3ect to cross-
e4amination on matters co$ered b# direct e4amination. /is silence
shall not in an# manner "re3udice him.
(e) (o be e4em"t from bein% com"elled to be a witness a%ainst
himself.
(f) (o confront and cross-e4amine the witnesses
a%ainst him at the trial. =ither "art# ma# utili1e as "art of its
e$idence the testimon# of a witness who is deceased, out of or can
not with due dili%ence be found in the *hili""ines, una$ailable, or
otherwise unable to testif#, %i$en in another case or "roceedin%,
3udicial or administrati$e, in$ol$in% the same "arties and sub3ect
matter, the ad$erse "art# ha$in% the o""ortunit# to cross-e4amine
him.
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The Revised Rules of Criminal Procedure (Rules 110-127, Rules of Court, Effective December 1, 2000)
(%) (o ha$e com"ulsor# "rocess issued to secure the attendance of
witnesses and "roduction of other e$idence in his behalf.
(h) (o ha$e s"eed#, im"artial and "ublic trial.
(i) (o a""eal in all cases allowed and in the manner "rescribed b# law.
RULE 116 - ARRAIGNMENT AND PLEA
Section 1. Arrai1nment and plea6 ho, made. - (a) (he accused must be arrai%ned
before the court where the com"laint or information was filed or assi%ned
for trial. (he arrai%nment shall be made in o"en court b# the 3ud%e or cler0
b# furnishin% the accused with a co"# of the com"laint or information,
readin% the same in the lan%ua%e or dialect 0nown to him, and as0in% him
whether he "leads %uilt# or not %uilt#. (he "rosecution ma# call at the trial
witnesses other than those named in the com"laint or information.
(b) (he accused must be "resent at the arrai%nment and must
"ersonall# enter his "lea. >oth arrai%nment and "lea shall be made of
record, but failure to do so shall not affect the $alidit# of the "roceedin%s.
(c) 6hen the accused refuses to "lead or ma0es a conditional "lea,
a "lea of not %uilt# shall be entered for him.
(d) 6hen the accused "leads %uilt# but "resents e4cul"ator#
e$idence, his "lea shall be deemed withdrawn and a "lea of not %uilt# shall
be entered for him.
(e) 6hen the accused is under "re$enti$e detention, his case shall
be raffled and its records transmitted to the 3ud%e to whom the case was
raffled within three (+) da#s from the filin% of the information or com"laint.
(he accused shall be arrai%ned within ten (10) da#s from the date of the
raffle.
(he "re-trial conference of his case shall be held within ten (10) da#s
after arrai%nment.
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The Revised Rules of Criminal Procedure (Rules 110-127, Rules of Court, Effective December 1, 2000)
(f) (he "ri$ate offended "art# shall be re&uired to a""ear at the
arrai%nment for "ur"oses of "lea bar%ainin%, determination of ci$il liabilit#,
and other matters re&uirin% his "resence. )n case of failure of the offended
"art# to a""ear des"ite due notice, the court ma# allow the accused to
enter a "lea of %uilt# to a lesser offense which is necessaril# included in the
offense char%ed with the conformit# of the trial "rosecutor alone.
(%) ?nless a shorter "eriod is "ro$ided b# s"ecial law or Su"reme
Court circular, the arrai%nment shall be held within thirt# (+0) da#s from the
date the court ac&uires 3urisdiction o$er the "erson of the accused. (he
time of the "endenc# of a motion to &uash or for a bill or "articulars or
other causes 3ustif#in% sus"ension of the arrai%nment shall be e4cluded in
com"utin% the "eriod.
Section 2. +lea of 1uilt% to a lesser offense. ,t arrai%nment, the accused, with the
consent of the offended "art# and "rosecutor, ma# be allowed b# the trial
court to "lead %uilt# to a lesser offense which is necessaril# included in the
offense char%ed. ,fter arrai%nment but before trial, the accused ma# still be
allowed to "lead %uilt# to said lesser offense after withdrawin% his "lea of
not %uilt#. 7o amendment of the com"laint or information is necessar#.
Section +. +lea of 1uilt% to capital offense6 reception of e$idence. 6hen the accused
"leads %uilt# to a ca"ital offense, the court shall conduct a searchin%
in&uir# into the $oluntariness and full com"rehension of the conse&uences
of his "lea and shall re&uire the "rosecution to "ro$e his %uilt and the
"recise de%ree of cul"abilit#. (he accused ma# "resent e$idence in his
behalf.
Section -. +lea of 1uilt% to non-capital offense6 reception of e$idence' discretionar%.
6hen the accused "leads %uilt# to a non-ca"ital offense, the court ma#
recei$e e$idence from the "arties to determine the "enalt# to be im"osed.
Section .. Withdra,al of impro$ident plea of 1uilt%. ,t an# time before the 3ud%ment
of con$iction becomes final, the court ma# "ermit an im"ro$ident "lea of
%uilt# to be withdrawn and be substituted b# a "lea of not %uilt#.
Section 8. 0ut% of court to inform accused of his ri1ht to counsel. >efore
arrai%nment, the court shall inform the accused of his ri%ht to counsel and
as0 him if he desires to ha$e one. ?nless the accused is allowed to defend
himself in "erson or has em"lo#ed counsel of his choice, the court must
assi%n a counsel de officio to defend him.
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The Revised Rules of Criminal Procedure (Rules 110-127, Rules of Court, Effective December 1, 2000)
Section 7. Appointment of counsel de officio. (he court, considerin% the %ra$it# of
the offense and the difficult# of the &uestions that ma# arise, shall a""oint
as counsel de officio such members of the bar in %ood standin% who, b#
reason of their e4"erience and abilit#, can com"etentl# defend the
accused. >ut in localities where such members of the bar are not a$ailable,
the court ma# a""oint an# "erson, resident of the "ro$ince and of %ood
re"ute for "robit# and abilit#, to defend the accused.
Section :. Time for counsel de officio to prepare for arrai1nment. 6hene$er a
counsel de office is a""ointed b# the court to defend the accused at the
arrai%nment, he shall be %i$en a reasonable time to consult with the
accused as to his "lea before "roceedin% with the arrai%nment.
Section <. 8ill of particulars. (he accused ma#, before arrai%nment, mo$e for a bill
of "articulars to enable him "ro"erl# to "lead and "re"are for trial. (he
motion shall s"ecif# the alle%ed defects of the com"laint or information and
the details desired.
Section 10. +roduction or inspection of material e$idence in possession of prosecution.
?"on motion of the accused showin% %ood cause and with notice to the
"arties, the court, in order to "re$ent sur"rise, su""ression, or alteration,
ma# order the "rosecution to "roduce and "ermit the ins"ection and
co"#in% or "hoto%ra"hin% of an# written statement %i$en b# the
com"lainant and other witnesses in an# in$esti%ation of the offense
conducted b# the "rosecution or other in$esti%atin% officers, as well as an#
desi%nated documents, "a"ers, boo0s, accounts, letters, "hoto%ra"hs,
ob3ect, or tan%ible thin%s not otherwise "ri$ile%ed, which constitute or
contain e$idence material to an# matter in$ol$ed in the case and which are
in the "ossession or under the control of the "rosecution, "olice, or other
law in$esti%atin% a%encies.
Section 11. !uspension of arrai1nment. ?"on motion b# the "ro"er "art#, the
arrai%nment shall be sus"ended in the followin% cases
(a) (he accused a""ears to be sufferin% from an unsound mental
condition which effecti$el# renders him unable to full# understand
the char%e a%ainst him and to "lead intelli%entl# thereto. )n such
case, the court shall order his mental e4amination and, if
necessar#, his confinement for such "ur"ose9
(b) (here e4ists a "re3udicial &uestion9 and
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The Revised Rules of Criminal Procedure (Rules 110-127, Rules of Court, Effective December 1, 2000)
(c) , "etition for re$iew of the resolution of the "rosecutor is "endin%
at either the @e"artment of Austice, or the 2ffice of the *resident9
pro$ided, that the "eriod of sus"ension shall not e4ceed si4t# (80)
da#s counted from the filin% of the "etition with the re$iewin% office.
RULE 117 - MOTION TO QUASH
Section 1. Time to mo$e to 5uash. ,t an# time before enterin% his "lea, the accused
ma# mo$e to &uash the com"laint or information.
Section 2. =orm and contents. (he motion to &uash shall be in writin%, si%ned b# the
accused or his counsel and shall distinctl# s"ecif# its factual and le%al
%rounds. (he court shall consider no %round other than those stated in the
motion, e4ce"t lac0 of 3urisdiction o$er the offense char%ed.
Section +. >rounds. (he accused ma# mo$e to &uash the com"laint or information
on an# of the followin% %rounds
(a) (hat the facts char%ed do not constitute an offense9
(b) (hat the court tr#in% the case has no 3urisdiction o$er the offense
char%ed9
(c) (hat the court tr#in% the case has no 3urisdiction o$er the "erson of
the accused9
(d) (hat the officer who filed the information had no authorit# to do so9
(e) (hat it does not conform substantiall# to the "rescribed form9
(f) (hat more than one offense is char%ed e4ce"t when a sin%le
"unishment for $arious offenses is "rescribed b# law9
(%) (hat the criminal action or liabilit# has been e4tin%uished9
(h) (hat it contains a$erments which, if true, would constitute a le%al
e4cuse or 3ustification9 and
(i) (hat the accused has been "re$iousl# con$icted or ac&uitted of the
offense char%ed, or the case a%ainst him was dismissed or
otherwise terminated without his e4"ress consent.
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The Revised Rules of Criminal Procedure (Rules 110-127, Rules of Court, Effective December 1, 2000)
Section -. Amendment of complaint or information. )f the motion to &uash is based
on an alle%ed defect of the com"laint or information which can be cured b#
amendment, the court shall order that an amendment be made.
)f it is based on the %round that the facts char%ed do not constitute
an offense, the "rosecution shall be %i$en b# the court an o""ortunit# to
correct the defect b# amendment. (he motion shall be %ranted if the
"rosecution fails to ma0e the amendment, or the com"laint or information
still suffers from the same defect des"ite the amendment.
Section .. #ffect of sustainin1 the motion to 5uash. )f the motion to &uash is
sustained, the court ma# order that another com"laint or information be
filed e4ce"t as "ro$ided in Section 8 of this rule. )f the order is made, the
accused, if in custod#, shall not be dischar%ed unless admitted to bail. )f no
order is made or if ha$in% been made, no new information is filed within the
time s"ecified in the order or within such further time as the court ma#
allow for %ood cause, the accused, if in custod#, shall be dischar%ed unless
he is also in custod# of another char%e.
Section 8. Order sustainin1 the motion to 5uash not a 2ar to another prosecution6
e:ception. ,n order sustainin% the motion to &uash is not a bar to another
"rosecution for the same offense unless the motion was based on the
%rounds s"ecified in Section + (%) and (i) of this Rule.
Section 7. =ormer con$iction or ac5uittal6 dou2le 4eopard%. 6hen an accused has
been con$icted or ac&uitted, or the case a%ainst him dismissed or
otherwise terminated without his e4"ress consent b# a court of com"etent
3urisdiction, u"on a $alid com"laint or information or other formal char%e
sufficient in form and substance to sustain a con$iction and after the
accused had "leaded to the char%e, the con$iction or ac&uittal of the
accused or the dismissal of the case shall be a bar to another "rosecution
for the offense char%ed, or for an# attem"t to commit the same or
frustration thereof, or for an# offense which necessaril# includes or is
necessaril# included in the offense char%ed in the former com"laint or
information.
/owe$er, the con$iction of the accused shall not be a bar to another
"rosecution for an offense which necessaril# includes the offense char%ed
in the former com"laint or information under an# of the followin% instances
(a) the %ra$er offense de$elo"ed due to su"er$enin% facts arisin%
from the same act or omission constitutin% the former char%e9
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The Revised Rules of Criminal Procedure (Rules 110-127, Rules of Court, Effective December 1, 2000)
(b) the facts constitutin% the %ra$er char%e became 0nown or were
disco$ered onl# after a "lea was entered in the former com"laint
or information9 or
(c) the "lea of %uilt# to the lesser offense was made without the
consent of the "rosecutor and of the offended "art# e4ce"t as
"ro$ided in Section 1(f) of Rule 118.
)n an# of the fore%oin% cases, where the accused satisfies or ser$es
in whole or in "art the 3ud%ment, he shall be credited with the same in the
e$ent of con$iction for the %ra$er offense.
Section. :. +ro$isional dismissal. , case shall not be "ro$isionall# dismissed e4ce"t
with the e4"ress consent of the accused and with notice to the offended
"art#.
(he "ro$isional dismissal of offenses "unishable b# im"risonment not
e4ceedin% si4 (8) #ears or a fine of an# amount, or both, shall become
"ermanent one (1) #ear after issuance of the order without the case ha$in%
been re$i$ed. 6ith res"ect to offenses "unishable b# im"risonment of
more than si4 (8) #ears, their "ro$isional dismissal shall become
"ermanent two (2) #ears after issuance of the order without the case
ha$in% been re$i$ed.
Section <. =ailure to mo$e to 5uash or to alle1e an% 1round therefore. (he failure of
the accused to assert an# %round of a motion to &uash before he "leads to
the com"laint or information, either because he did not file a motion to
&uash or failed to alle%e the same in said motion, shall be deemed a
wai$er of an# ob3ections e4ce"t those based on the %rounds "ro$ided for in
"ara%ra"hs (a), (b), (%), and (i) of Section + of this Rule.
RULE 11 - PRE-TRIAL
Section 1. +re-trial6 mandator% in criminal cases. )n all criminal cases co%ni1able b#
the !andi1an2a%an' Re%ional (rial Court, 'etro"olitan (rial Court, 'unici"al
(rial Court in Cities, 'unici"al (rial Court and 'unici"al Circuit (rial Court,
the court shall, after arrai%nment and within thirt# (+0) da#s from the date the
court ac&uires 3urisdiction o$er the "erson of the accused, unless a shorter
"eriod is "ro$ided for in s"ecial laws or circulars of the Su"reme Court, order
a "re-trial conference to consider the followin%
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The Revised Rules of Criminal Procedure (Rules 110-127, Rules of Court, Effective December 1, 2000)
(a) "lea bar%ainin%9
(b) sti"ulation of facts9
(c) mar0in% for identification of e$idence of the "arties9
(d) wai$er of ob3ections to admissibilit# of e$idence9
(e) modification of the order of trial if the accused admits the char%e
but inter"oses a lawful defense9 and
(f) such matters as will "romote a fair and e4"editious trial of the
criminal and ci$il as"ects of the case.
Section 2. +re-trial a1reement. ,ll a%reements or admissions made or entered
durin% the "re-trial conference shall be reduced in writin% and si%ned b#
the accused and counsel, otherwise, the# cannot be used a%ainst the
accused. (he a%reements co$erin% the matters referred to in Section 1 of
this Rule shall be a""ro$ed b# the court.
Section +. Non-appearance at pre-trial conference. )f the counsel for the accused or
the "rosecutor does not a""ear at the "re-trial conference and does not
offer an acce"table e4cuse for his lac0 of coo"eration, the court ma#
im"ose "ro"er sanctions or "enalties.
Section -. +re-trial order. ,fter the "re-trial conference, the court shall issue an
order recitin% the actions ta0en, the facts sti"ulated, and e$idence mar0ed.
Such order shall bind the "arties, limit the trial to matters not dis"osed of,
and control the course f the action durin% the trial, unless modified b# the
court to "re$ent manifest in3ustice.
RULE 11! - TRIAL
Section 1. Time to prepare for trial. ,fter a "lea of not %uilt# is entered, the accused
shall ha$e at least fifteen (1.) da#s to "re"are for trial. (he trial shall
commence within thirt# (+0) da#s from recei"t of the "re-trial order.
Section 2. Continuous trial until terminated6 postponements. (rial once commenced
shall continue from da# to da# as far as "racticable until terminated. )t ma#
be "ost"oned for a reasonable "eriod of time for %ood cause.
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The Revised Rules of Criminal Procedure (Rules 110-127, Rules of Court, Effective December 1, 2000)
(he court shall, after consultation with the "rosecutor and defense
counsel, set the case for continuous trail on a wee0l# or other short-term
trial calendar at the earliest "ossible time so as to ensure s"eed# trial. )n
no case shall the entire trial "eriod e4ceed one hundred ei%ht# (1:0) da#s
from the first da# of trial, e4ce"t as otherwise authori1ed b# the Su"reme
Court.
(he time limitations "ro$ided under this section and the "recedin%
section shall not a""l# where s"ecial laws or circulars of the Su"reme
Court "ro$ide for a shorter "eriod of trial.
Section +. #:clusions. - (he followin% "eriods of dela# shall be e4cluded in com"utin%
the time within which trial must commence
(a) ,n# "eriod of dela# resultin% from other "roceedin%s concernin%
the accused, includin% but not limited to the followin%
(1) @ela# resultin% from an e4amination of the "h#sical and mental
condition of the accused9
(2) @ela# resultin% from "roceedin%s with res"ect to other criminal
char%es a%ainst the accused9
(+) @ela# resultin% from e4traordinar# remedies a%ainst
interlocutor# orders9
(-) @ela# resultin% from "re-trial "roceedin%s9 "ro$ided, that the
dela# does not e4ceed thirt# (+0) da#s9
(.) @ela# resultin% from orders of inhibition, or "roceedin%s
relatin% to chan%e of $enue of cases or transfer from other
courts9
(8) @ela# resultin% from a findin% of e4istence of a "re3udicial
&uestion9 and
(7) @ela# reasonabl# attributable to an# "eriod, not to e4ceed
thirt# (+0) da#s, durin% which an# "roceedin% concernin% the
accused is actuall# under ad$isement.
(b) ,n# "eriod of dela# resultin% from the absence or una$ailabilit# of an
essential witness.
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The Revised Rules of Criminal Procedure (Rules 110-127, Rules of Court, Effective December 1, 2000)
!or "ur"oses of this sub"ara%ra"h, an essential witness shall
be considered absent when his whereabouts are un0nown or his
whereabouts cannot be determined b# due dili%ence. /e shall be
considered una$ailable whene$er his whereabouts are 0nown but his
"resence for trial cannot be obtained b# due dili%ence.
(c) ,n# "eriod of dela# resultin% from the mental incom"etence or
"h#sical inabilit# of the accused to stand trial.
(d) )f the information is dismissed u"on motion of the "rosecution and
thereafter a char%e is filed a%ainst the accused for the same offense,
an# "eriod of dela# from the date the char%e was dismissed to the
date the time limitation would commence to run as to the subse&uent
char%e had there been no "re$ious char%e.
(e) , reasonable "eriod of dela# when the accused is 3oined for trial with
a co-accused o$er whom the court has not ac&uired 3urisdiction, or,
as to whom the time for trial has not run and no motion for se"arate
trial has been %ranted.
(f) ,n# "eriod of dela# resultin% from a continuance %ranted b# an#
court motu proprio' or on motion of either the accused or his counsel,
or the "rosecution, if the court %ranted the continuance on the basis
of its findin%s set forth in the order that the ends of 3ustice ser$ed b#
ta0in% such action outwei%h the best interest of the "ublic and the
accused in a s"eed# trial.
Section -. =actors for 1rantin1 continuance. (he followin% factors, amon% others,
shall be considered b# a court in determinin% whether to %rant a
continuance under Section +(f) of this Rule.
(a) 6hether or not the failure to %rant a continuance in the "roceedin%
would li0el# ma0e a continuation of such "roceedin% im"ossible or
result in a miscarria%e of 3ustice9 and
(b) 6hether or not the case ta0en as a whole is so no$el, unusual and
com"le4, due to the number of accused or the nature of the
"rosecution, or that it is unreasonable to e4"ect ade&uate
"re"aration within the "eriods of time established therein.
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The Revised Rules of Criminal Procedure (Rules 110-127, Rules of Court, Effective December 1, 2000)
)n addition, no continuance under Section +(f) of this Rule shall be %ranted
because of con%estion of the courtDs calendar or lac0 of dili%ent "re"aration or
failure to obtain a$ailable witnesses on the "art of the "rosecutor.
Section .. Time limit follo,in1 an order for ne, trial. )f the accused is to be tried
a%ain "ursuant to an order for a new trial, the trial shall commence within
thirt# (+0) da#s from notice of the order, "ro$ided that if the "eriod
becomes im"ractical due to una$ailabilit# of witnesses and other factors,
the court ma# e4tend but not to e4ceed one hundred ei%ht# (1:0) da#s. !or
the second twel$e-month "eriod, the time limit shall be one hundred ei%ht#
(1:0) da#s from notice of said order for new trial.
Section 8. #:tended time limit. - 7otwithstandin% the "ro$isions of Section 1(%), Rule
118 and the "recedin% Section 1, for the first twel$e-calendar-month "eriod
followin% its effecti$it# on Se"tember 1., 1<<:, the time limit with res"ect to
the "eriod from arrai%nment to trial im"osed b# said "ro$ision shall be 1:0
da#s. !or the second 12-month "eriod, the time limit shall be 120 da#s,
and for the third 12-month "eriod, the time limit shall be :0 da#s.
Section 7. +u2lic attorne%?s duties ,here accused is imprisoned. )f the "ublic
attorne# assi%ned to defend a "erson char%ed with a crime 0nows that he
latter is "re$enti$el# detained, either because he is char%ed with a bailable
crime but has no means to "ost bail, or, is char%ed with a non-bailable
crime, or, is ser$in% a term of im"risonment in an# "enal institution, it shall
be his dut# to do the followin%
(a) Shall "rom"tl# underta0e to obtain the "resence of the "risoner for
trial or cause a notice to be ser$ed on the "erson ha$in% custod#
of the "risoner re&uirin% such "erson to so ad$ise the "risoner of
his ri%ht and demand trial.
(b) ?"on recei"t of that notice, the custodian of the "risoner shall
"rom"tl# ad$ise the "risoner of the char%e and of his ri%ht to
demand trial. )f at an#time thereafter the "risoner informs his
custodian that he demands such trial, the latter shall cause notice
to that effect to be sent "rom"tl# to the "ublic attorne#.
(c) ?"on recei"t of such notice, the "ublic attorne# shall "rom"tl# see0
to obtain the "resence of the "risoner for trial.
(d) 6hen the custodian of the "risoner recei$es from the "ublic attorne#
a "ro"erl# su""orted re&uest for the a$ailabilit# of the "risoner for
"ur"ose of trial, the "risoner shall be made a$ailable accordin%l#.
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The Revised Rules of Criminal Procedure (Rules 110-127, Rules of Court, Effective December 1, 2000)
Section :. !anctions. )n an# case in which "ri$ate counsel for the accused, the
"ublic attorne#, or the "rosecutor
(a) Enowin%l# allows the case to be set for trial without disclosin% that
a necessar# witness would be una$ailable for trial9
(b) !iles a motion solel# for dela# which he 0nows is totall# fri$olous
and without merit9
(c) 'a0es a statement for the "ur"ose of obtainin% continuance which
he 0nows to be false and which is material to the %rantin% of a
continuance9 or
(d) 6illfull# fails to "roceed to trial without 3ustification consistent with
the "ro$isions hereof, the court ma# "unish such counsel, attorne#,
or "rosecutor, as follows
(1) ># im"osin% on a counsel "ri$atel# retained in connection with
the defense o fan accused, a fine not e4ceedin% twent#
thousand "esos (* 20,000.00)9
(2) ># im"osin% on an# a""ointed counsel de officio, "ublic
attorne#, or "rosecutor a fine not e4ceedin% fi$e thousand
"esos (*.,000.00)9 and
(+) ># den#in% an# defense counsel or "rosecutor the ri%ht
to "ractice before the court tr#in% the case for a "eriod not
e4ceedin% thirt# (+0) da#s. (he "unishment "ro$ided for b# this
section shall be without "re3udice to an# a""ro"riate criminal
action or other sanction authori1ed under these rules.
Section <. Remed% ,here accused is not 2rou1ht to trial ,ithin the time limit. )f the
accused is not brou%ht to trial within the time limit re&uired b# Section 1(%),
Rule 118 and Section 1, as e4tended b# Section 8 of this Rule, the
information ma# be dismissed on motion of the accused on the %round of
denial of his ri%ht to s"eed# trial. (he accused shall ha$e the burden of
"ro$in% the motion but the "rosecution shall ha$e the burden of %oin%
forward with the e$idence to establish the e4clusion of time under Section
+ of this rule. (he dismissal shall be sub3ect to the rules on double
3eo"ard#.
!ailure of the accused to mo$e for dismissal "rior to trial shall
constitute a wai$er of the ri%ht to dismiss under this section.
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The Revised Rules of Criminal Procedure (Rules 110-127, Rules of Court, Effective December 1, 2000)
Section 10. )a, on speed% trial not a 2ar to pro$ision on speed% trial in the
Constitution. 7o "ro$ision of law on s"eed# trial and no rule
im"lementin% the same shall be inter"reted as a bar to an# char%e of
denial of the ri%ht to s"eed# trial %uaranteed b# Section 1-(2), ,rticle ))), of
the 1<:7 Constitution.
Section 11. Order of trial. . (he trial shall "roceed in the followin% order
(a) (he "rosecution shall "resent e$idence to "ro$e the char%e and, in
the "ro"er case, the ci$il liabilit#.
(b) (he accused ma# "resent e$idence to "ro$e his defense and
dama%es, if an#, arisin%, from the issuance of a "ro$isional remed#
in the case.
(c) (he "rosecution and the defense ma#, in that order, "resent
rebuttal and sur-rebuttal e$idence unless the court, in furtherance
of 3ustice, "ermits them to "resent additional e$idence bearin%
u"on the main issue.
(d) ?"on admission of e$idence of the "arties, the case shall be
deemed submitted for decision unless the court directs them to
ar%ue orall# or to submit written memoranda.
(e) 6hen the accused admits the act or omission char%ed in the
com"laint or information but inter"oses a lawful defense, the order
of trial ma# be modified.
Section 12. Application for e:amination of ,itness for accused 2efore trial. 6hen the
accused has been held to answer for an offense, he ma#, u"on motion with
notice to the other "arties, ha$e witnesses conditionall# e4amined in his
behalf. (he motion shall state (a) the name and residence of the witness9
(b) the substance of his testimon#9 and (c) that the witness is sic0 or infirm
as to afford reasonable %round for belie$in% that he will not be able to
attend the trial, or resides more than one hundred (100) 0ilometers from
the "lace of trial and has no means to attend the same, or that other similar
circumstances e4ist that would ma0e him una$ailable or "re$ent him from
attendin% the trial. (he motion shall be su""orted b# an affida$it of the
accused and such other e$idence as the court ma# re&uire.
Section 1+. #:amination of defense ,itness6 ho, made. )f the court is satisfied that
the e4amination of a witness for the accused is necessar#, an order shall
be made directin% that the witness be e4amined at a s"ecific date, time
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The Revised Rules of Criminal Procedure (Rules 110-127, Rules of Court, Effective December 1, 2000)
and "lace and that a co"# of the order be ser$ed on the "rosecutor at least
three (+) da#s before the scheduled e4amination. (he e4amination shall be
ta0en before a 3ud%e, or, if not "racticable, a member of the >ar in %ood
standin% so desi%nated b# the 3ud%e in the order, or if the order be made b#
a court of su"erior 3urisdiction, before an inferior court to be desi%nated
therein. (he e4amination shall "roceed notwithstandin% the absence of the
"rosecutor "ro$ided he was dul# notified of the hearin%. , written record of
the testimon# shall be ta0en.
Section 1-. 8ail to secure appearance of material ,itness. 6hen the court is
satisfied, u"on "roof of oath, that a material witness will not testif# when
re&uired, it ma#, u"on motion of either "art#, order the witness to "ost bail
in such sum as ma# be deemed "ro"er. ?"on refusal to "ost bail, the court
shall commit him to "rison until he com"lies or is le%all# dischar%ed after
his testimon# has been ta0en.
Section 1.. #:amination of ,itness for the prosecution. 6hen it is satisfactoril#
a""ears that a witness for the "rosecution is too sic0 or infirm to a""ear at
the trial as directed b# the court, of has to lea$e the *hili""ines with no
definite date of returnin%, he ma# forthwith be conditionall# e4amined
before the court where the case is "endin%. Such e4amination, in the
"resence of the accused, or in his absence after reasonable notice to
attend the e4amination has been ser$ed on him, shall be conducted in the
same manner as an e4amination at the trial. !ailure or refusal of the
accused to attend the e4amination at the trial. !ailure or refusal of the
accused to attend the e4amination after notice shall be considered a
wai$er. (he statement ta0en ma# be admitted in behalf of or a%ainst the
accused.
Section 18. Trial of se$eral accused. 6hen two or more accused are 3ointl# char%ed
with an offense, the# shall be tried 3ointl# unless the court, in its discretion
and u"on motion of the "rosecutor or an# accused, orders se"arate trial for
one or more accused.
Section 17. 0ischar1e of accused to 2e state ,itness. 6hen two or more "ersons are
3ointl# char%ed with the commission of an# offense, u"on motion of the
"rosecution before restin% its case, the court ma# direct one or more of the
accused to be dischar%ed with their consent so that the# ma# be witnesses
for the state when, after re&uirin% the "rosecution to "resent e$idence and
the sworn statement of each "ro"osed state witness at a hearin% in su""ort
of the dischar%e, the court is satisfied that
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The Revised Rules of Criminal Procedure (Rules 110-127, Rules of Court, Effective December 1, 2000)
(a) (here is absolute necessit# for the testimon# of the accused
whose dischar%e is re&uested9
(b) (here is no other direct e$idence a$ailable for the "ro"er
"rosecution of the offense committed, e4ce"t the testimon# of
said accused9
(c) (he testimon# of said accused can be substantiall# corroborated
in its material "oints9
(d) Said accused does not a""ear to be the most %uilt#9
(e) Said accused has not at an# time been con$icted of an# offense
in$ol$in% moral tur"itude.
=$idence adduced in su""ort of the dischar%e shall automaticall# form
"art of the trial. )f the court denies the motion for dischar%e of the accused
as state witness, his sworn statement shall be inadmissible in e$idence.
Section 1:. 0ischar1e of accused operates as ac5uittal. (he order indicated in the
"recedin% section shall amount to an ac&uittal of the dischar%ed accused
and shall be a bar to future "rosecution for the same offense, unless the
accused fails or refuses to testif# a%ainst his co-accused in accordance
with his sworn statement constitutin% the basis for his dischar%e.
Section 1<. When mista;e has 2een made in char1in1 the proper offense. 6hen it
becomes manifest at an# time before 3ud%ment that a mista0e has been
made in char%in% the "ro"er offense and the accused cannot be con$icted
of the offense char%ed or an# other offense necessaril# included therein,
the accused shall not be dischar%ed if there a""ears %ood cause to detain
him. )n such case, the court shall commit the accused to answer for the
"ro"er offense and dismiss the ori%inal case u"on the filin% of the "ro"er
information.
Section 20. Appointment of actin1 prosecutor. 6hen a "rosecutor, his assistant or
de"ut# is dis&ualified to act due to an# of the %rounds stated in Section 1 of
Rule 1+7 or for an# other reason, the 3ud%e or the "rosecutor shall
communicate with the Secretar# of Austice in order that the latter ma#
a""oint an actin% "rosecutor.
Section 21. #:clusion of the pu2lic. (he 3ud%e ma#, motu proprio' e4clude the "ublic
from the courtroom if the e$idence to be "roduced durin% the trial is
offensi$e to decenc# or "ublic morals. /e ma# also, on motion of the
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The Revised Rules of Criminal Procedure (Rules 110-127, Rules of Court, Effective December 1, 2000)
accused, e4clude the "ublic from the trial e4ce"t court "ersonnel and the
counsel of the "arties.
Section 22. Consolidation of trials of related offenses. Char%es for offenses founded
on the same facts or formin% "art of a series of offenses of similar
character ma# be tried 3ointl# at the discretion of the court.
Section 2+. 0emurrer to e$idence. ,fter the "rosecution rests its case, the court ma#
dismiss the action on the %round of insufficienc# of e$idence (1) on its own
initiati$e after %i$in% the "rosecution the o""ortunit# to be heard or (2) u"on
demurrer to e$idence filed b# the accused with or without lea$e of court.
)f the court denies the demurrer to e$idence filed with lea$e of court,
the accused ma# adduce e$idence in his defense. 6hen the demurrer to
e$idence is filed without lea$e of court, the accused wai$es the ri%ht to
"resent e$idence and submits the case for 3ud%ment on the basis of the
e$idence for the "rosecution.
(he motion for lea$e of court to file demurrer to e$idence shall
s"ecificall# state its %rounds and shall be filed within a non-e4tendible
"eriod of fi$e (.) da#s after the "rosecution rests its case. (he "rosecution
ma# o""ose the motion within a non-e4tendible "eriod of fi$e (.) da#s from
its recei"t.
)f lea$e of court is %ranted, the accused shall file the demurrer to
e$idence within a non-e4tendible "eriod of ten (10) da#s from notice. (he
"rosecution ma# o""ose the demurrer to e$idence within a similar "eriod
from its recei"t.
(he order den#in% the motion for lea$e of court to file demurrer to
e$idence or the demurrer itself shall not be re$iewable b# a""eal or b#
certiorari before 3ud%ment.
Section 2-. Reopenin1. ,t an# time before finalit# of the 3ud%ment of con$iction, the
3ud%e ma#, motu proprio or u"on motion, with hearin% in either case,
reo"en the "roceedin%s to a$oid a miscarria%e of 3ustice. (he "roceedin%s
shall be terminated within thirt# (+0) da#s from the order %rantin% it.
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The Revised Rules of Criminal Procedure (Rules 110-127, Rules of Court, Effective December 1, 2000)
RULE 120 - "UDGMENT
Section 1. 3ud1ment6 definition and form. Aud%ment is the ad3udication b# the court
that the accused is %uilt# or not %uilt# of the offense char%ed and the
im"osition on him of the "ro"er "enalt# and ci$il liabilit#, if an#. )t must be
written in the official lan%ua%e, "ersonall# and directl# "re"ared b# the
3ud%e and si%ned b# him and shall contain clearl# and distinctl# a
statement of the facts and the law u"on which it is based.
Section 2. Contents of the 4ud1ment. )f the 3ud%ment is of con$iction, it shall state
(1) the le%al &ualification of the offense constituted b# the acts committed
b# the accused and the a%%ra$atin% or miti%atin% circumstances which
attended its commission9 (2) the "artici"ation of the accused in the offense,
whether as "rinci"al, accom"lice, or accessor# after the fact9 (+) the
"enalt# im"osed u"on the accused9 and (-) the ci$il liabilit# or dama%es
caused b# his wron%ful act or omission to be reco$ered from the accused
b# the offended "art#, if there is an#, unless the enforcement of the ci$il
liabilit# b# a se"arate ci$il action has been reser$ed or wai$ed.
)n case the 3ud%ment is of ac&uittal, it shall state whether the e$idence
of the "rosecution absolutel# failed to "ro$e the %uilt of the accused or
merel# failed to "ro$e his %uilt be#ond reasonable doubt. )n either case, the
3ud%ment shall determine if the act or omission from which the ci$il liabilit#
mi%ht arise did not e4ist.
Section +. 3ud1ment for t,o or more offenses. 6hen two or more offenses are
char%ed in a sin%le com"laint or information but the accused fails to ob3ect
to it before trial, the court ma# con$ict him of as man# offenses as are
char%ed and "ro$ed, and im"ose on him the "enalt# for each offense,
settin% out se"aratel# the findin%s of fact and law in each offense.
Section -. 3ud1ment in case of $ariance 2et,een alle1ation and proof. 6hen there
is $ariance between the offense char%ed in the com"laint or information
and that "ro$ed, and the offense as char%ed is included in or necessaril#
includes the offense "ro$ed, the accused shall be con$icted of the offense
"ro$ed which is included in the offense char%ed, or of the offense char%ed
which is included in the offense "ro$ed.
Section .. When an offense includes or is included in another. ,n offense char%ed
necessaril# includes the offense "ro$ed when some of the essential
elements or in%redients of the former, as alle%ed in the com"laint or
information, constitute the latter. ,nd an offense char%ed is necessaril#
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The Revised Rules of Criminal Procedure (Rules 110-127, Rules of Court, Effective December 1, 2000)
included in the offense "ro$ed, when the essential in%redients of the former
constitute or form "art of those constitutin% the latter.
Section 8. +romul1ation of 4ud1ment. (he 3ud%ment is "romul%ated b# readin% it in
the "resence of the accused and an# 3ud%e of the court in which it was
rendered. /owe$er, if the con$iction is for a li%ht offense, the 3ud%ment
ma# be "ronounced in the "resence of his counsel or re"resentati$e. 6hen
the 3ud%e is absent or outside the "ro$ince or cit#, the 3ud%ment ma# be
"romul%ated b# the cler0 of court.
)f the accused is confined or detained in another "ro$ince or cit#, the
3ud%ment ma# be "romul%ated b# the e4ecuti$e 3ud%e of the Re%ional (rial
Court ha$in% 3urisdiction o$er the "lace of confinement or detention u"on
re&uest of the court which rendered the 3ud%ment. (he court "romul%atin%
the 3ud%ment shall ha$e authorit# to acce"t the notice of a""eal and to
a""ro$e the bail bond "endin% a""eal9 "ro$ided, that if the decision of the
trial court con$ictin% the accused chan%ed the nature of the offense from
non-bailable to bailable, the a""lication for bail can onl# be filed and
resol$ed b# the a""ellate court.
(he "ro"er cler0 of court shall %i$e notice to the accused "ersonall# or
throu%h his bondsman or warden and counsel, re&uirin% him to be "resent
at the "romul%ation of the decision. )f the accused was tried in a2sentia
because he 3um"ed bail or esca"ed from "rison, the notice to him shall be
ser$ed at his last 0nown address.
)n case the accused fails to a""ear at the scheduled date of
"romul%ation of 3ud%ment des"ite notice, the "romul%ation shall be made
b# recordin% the 3ud%ment in the criminal doc0et and ser$in% him a co"#
thereof at his last 0nown address or thru his counsel.
)f the 3ud%ment is for con$iction and the failure of the accused to
a""ear was without 3ustifiable cause, he shall lose the remedies a$ailable
in these rules a%ainst the 3ud%ment and the court shall order his arrest.
6ithin fifteen (1.) da#s from "romul%ation of 3ud%ment, howe$er, the
accused ma# surrender and file a motion for lea$e of court to a$ail of these
remedies. /e shall state the reasons for his absence at the scheduled
"romul%ation and if he "ro$es that his absence was for a 3ustifiable cause,
he shall be allowed to a$ail of said remedies within fifteen (1.) da#s from
notice.
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The Revised Rules of Criminal Procedure (Rules 110-127, Rules of Court, Effective December 1, 2000)
Section 7. Modification of 4ud1ment. , 3ud%ment of con$iction ma#, u"on motion of
the accused, be modified or set aside before it becomes final or before
a""eal is "erfected. =4ce"t where the death "enalt# is im"osed, a
3ud%ment becomes final after the la"se of the "eriod for "erfectin% an
a""eal, or when the sentence has been "artiall# or totall# satisfied or
ser$ed, or when the accused has wai$ed in writin% his ri%ht to a""eal, or
has a""lied for "robation.
Section. :. #ntr% of 4ud1ment. ,fter a 3ud%ment has become final, it shall be entered
in accordance with Rule +8.
Section <. #:istin1 pro$isions 1o$ernin1 suspension of sentence' pro2ation and
parole not affected 2% this Rule. 7othin% in this rule shall affect an#
e4istin% "ro$isions in the laws %o$ernin% sus"ension of sentence,
"robation or "arole.
RULE 121 - NE# TRIAL OR RECONSIDERATION
Section 1. Ne, trial or reconsideration. ,t an# time before a 3ud%ment of con$iction
becomes final, the court ma#, on motion of the accused or at its own
instance but with the consent of the accused, %rant a new trial or
reconsideration.
Section 2. >rounds for a ne, trial. (he court shall %rant a new trial on an# of the
followin% %rounds
(a) (hat errors of law or irre%ularities "re3udicial to the substantial
ri%hts of the accused ha$e been committed durin% the trial9
(b) (hat new and material e$idence has been disco$ered which the
accused could not with reasonable dili%ence ha$e disco$ered and
"roduced at the trial and which if introduced and admitted would
"robabl# chan%e the 3ud%ment.
Section +. >round for reconsideration. (he court shall %rant reconsideration on the
%round of errors of law or fact in the 3ud%ment, which re&uires no further
"roceedin%s.
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The Revised Rules of Criminal Procedure (Rules 110-127, Rules of Court, Effective December 1, 2000)
Section -. =orm of motion and notice to the prosecutor. (he motion for new trial or
reconsideration shall be in writin% and shall state the %rounds on which it is
based. )f based on a newl#-disco$ered e$idence, the motion must be
su""orted b# affida$its of witnesses b# whom such e$idence is e4"ected to
be %i$en or b# dul# authenticated co"ies of documents which are "ro"osed
to be introduced in e$idence. 7otice of the motion for new trial or
reconsideration shall be %i$en to the "rosecutor.
Section .. @earin1 on motion. 6here a motion for new trial calls for resolution of
an# &uestion of fact, the court ma# hear e$idence thereon b# affida$its or
otherwise.
Section 8. #ffects of 1rantin1 a ne, trial or reconsideration. (he effects of %rantin% a
new trial or reconsideration are the followin%
(a) 6hen a new trial is %ranted on the %round of errors of law or
irre%ularities committed durin% the trial, all the "roceedin%s and
e$idence affected thereb# shall be set aside and ta0en anew. (he
court ma#, in the interest of 3ustice, allow the introduction of
additional e$idence.
(b) 6hen a new trial is %ranted on the %round of newl#-disco$ered
e$idence, the e$idence alread# adduced shall stand and the
newl#-disco$ered and such other e$idence as the court ma#, in the
interest of 3ustice, allow to be introduced shall be ta0en and
considered to%ether with the e$idence alread# in the record.
(c) )n all cases, when the court %rants new trial or reconsideration, the
ori%inal 3ud%ment shall be set aside or $acated and a new
3ud%ment rendered accordin%l#.
RULE 122 - APPEAL
Section 1. Who ma% appeal. ,n# "art# ma# a""eal from a 3ud%ment or final order,
unless the accused will be "laced in double 3eo"ard#.
Section 2. Where to appeal. (he a""eal ma# be ta0en as follows
(a) (o the Re%ional (rial Court, in cases decided b# the 'etro"olitan
(rial Court, 'unici"al (rial Court in Cities, 'unici"al (rial Court, or
'unici"al Circuit (rial Court9
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The Revised Rules of Criminal Procedure (Rules 110-127, Rules of Court, Effective December 1, 2000)
(b) (o the Court of ,""eals or to the Su"reme Court in the "ro"er
cases "ro$ided b# law, in cases decided b# the Re%ional (rial
Court9 and
(c) (o the Su"reme Court, in cases decided b# the Court of ,""eals.
Section +. @o, appeal ta;en. (a) (he a""eal to the Re%ional (rial Court, or to the
Court of ,""eals in cases decided b# the Re%ional (rial Court in the
e4ercise of its ori%inal 3urisdiction, shall be ta0en b# filin% a notice of a""eal
with the court which rendered the 3ud%ment or final order a""ealed from
and b# ser$in% a co"# thereof u"on the ad$erse "art#.
(b) (he a""eal to the Court of ,""eals in cases decided b# the
Re%ional (rial Court in the e4ercise of its a""ellate 3urisdiction shall be b#
"etition for re$iew under Rule -2.
(c) (he a""eal to the Su"reme Court in cases where the "enalt#
im"osed b# the Re%ional (rial Court is reclusion perpetua, or life
im"risonment, or where a lesser "enalt# is im"osed but for offenses
committed on the same occasion or which arose out of the same
occurrence that %a$e rise to the more serious offense for which the "enalt#
of death, reclusion perpetua, or life im"risonment is im"osed, shall be b#
filin% a notice of a""eal in accordance with "ara%ra"h (a) of this section.
(d) 7o notice of a""eal is necessar# in cases where the death "enalt#
is im"osed b# the Re%ional (rial Court. (he same shall be automaticall#
re$iewed b# the Su"reme Court as "ro$ided in Section 10 of this Rule.
=4ce"t as "ro$ided in the last "ara%ra"h of Section 1+, Rule 12-, all
other a""eals to the Su"reme Court shall be b# "etition for re$iew on
certiorari under Rule -..
Section -. !er$ice of notice of appeal. )f "ersonal ser$ice of the co"# of the notice of
a""eal can not be made u"on the ad$erse "art# or his counsel, ser$ice
ma# be done b# re%istered mail or b# substituted ser$ice "ursuant to
Sections 7 and : of Rule 1+.
Section .. Wai$er of notice. (he a""ellee ma# wai$e his ri%ht to a notice that an
a""eal has been ta0en. (he a""ellate court ma#, in its discretion, entertain
an a""eal notwithstandin% failure to %i$e such notice if the interests of
3ustice so re&uire.
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The Revised Rules of Criminal Procedure (Rules 110-127, Rules of Court, Effective December 1, 2000)
Section 8. When appeal to 2e ta;en. ,n a""eal must be ta0en within fifteen (1.)
da#s from "romul%ation of the 3ud%ment or from notice of the final order
a""ealed from. (his "eriod for "erfectin% an a""eal shall be sus"ended
from the time a motion for new trial or reconsideration is filed until notice of
the order o$errulin% the motion has been ser$ed u"on the accused or his
counsel at which time the balance of the "eriod be%ins to run.
Section 7. Transcri2in1 and filin1 notes of steno1raphic reporter upon appeal. 6hen
notice of a""eals is filed b# the accused, the trial court shall direct the
steno%ra"hic re"orter to transcribe his notes of the "roceedin%s. 6hen
filed b# the *eo"le of the *hili""ines, the trial court shall direct the
steno%ra"hic re"orter to transcribe such "ortion of his notes of the
"roceedin%s as the court, u"on motion, shall s"ecif# in writin%. (he
steno%ra"hic re"orter shall certif# to the correctness of the notes and the
transcri"t thereof, which shall consist of the ori%inal and four co"ies, and
shall file said ori%inal and four co"ies with the cler0 without unnecessar#
dela#.
)f death "enalt# is im"osed, the steno%ra"hic re"orter shall, within
thirt# (+0) da#s from "romul%ation of the sentence, file with the cler0 the
ori%inal and four co"ies of the dul# certified transcri"t of his notes of the
"roceedin%s. 7o e4tension of time for filin% of said transcri"t of
steno%ra"hic notes shall be %ranted e4ce"t b# the Su"reme Court and onl#
u"on 3ustifiable %rounds.
Section :. Transmission of papers to appellate court upon appeal. 6ithin fi$e (.)
da#s from the filin% of the notice of a""eal, the cler0 of court with whom the
notice of a""eal was filed must transmit to the cler0 of court of the
a""ellate court the com"lete record of the case, to%ether with said notice.
(he ori%inal and three co"ies of the transcri"t of steno%ra"hic notes,
to%ether with the records, shall also be transmitted to the cler0 of the
a""ellate court without undue dela#. (he other co"# of the transcri"t shall
remain in the lower court.
Section <. Appeal to the Re1ional Trial Courts. (a) 6ithin fi$e (.) da#s from
"erfection of the a""eal, the cler0 of court shall transmit the ori%inal record
to the a""ro"riate Re%ional (rial Court.
(b) ?"on recei"t of the com"lete record of the case, transcri"ts and
e4hibits, the cler0 of court of the Re%ional (rial Court shall notif# the "arties
of such fact.
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The Revised Rules of Criminal Procedure (Rules 110-127, Rules of Court, Effective December 1, 2000)
(c) 6ithin fifteen (1.) da#s from recei"t of said notice, the "arties ma#
submit memoranda or briefs, or ma# be re&uired b# the Re%ional (rial
Court to do so. ,fter the submission of such memoranda or briefs, or u"on
the e4"iration of the "eriod to file the same, the Re%ional (rial Court shall
decide the case on the basis of the entire record of the case and of such
memoranda or briefs as ma# ha$e been filed.
Section 10. Transmission of records in case of death penalt%. )n all cases where the
death "enalt# is im"osed b# the trial court, the records shall be forwarded
to the Su"reme Court for automatic re$iew and 3ud%ment within fi$e (.)
da#s after the fifteenth (1.) da# followin% the "romul%ation of the 3ud%ment
or notice of denial of a motion for new trial or reconsideration. (he
transcri"t shall also be forwarded within ten (10) da#s after the filin% thereof
b# the steno%ra"hic re"orter.
Section 11. #ffect of appeal 2% an% of se$eral accused. (a) ,n a""eal ta0en b# one or
more of se$eral accused shall not affect those who did not a""eal, e4ce"t
insofar as the 3ud%ment of the a""ellate court is fa$orable and a""licable to
the latter.
(b) (he a""eal of the offended "art# from the ci$il as"ect shall not
affect the criminal as"ect of the 3ud%ment or order a""ealed from.
(c) ?"on "erfection of the a""eal, the e4ecution of the 3ud%ment or
final order a""ealed from shall be sta#ed as to the a""ealin% "art#.
Section 12. Withdra,al of appeal. - 7otwithstandin% "erfection of the a""eal, the
Re%ional (rial Court, 'etro"olitan (rial Court, 'unici"al (rial Court in
Cities, 'unici"al (rial Court, or 'unici"al Circuit (rial Court, as the case
ma# be, ma# allow the a""ellant to withdraw his a""eal before the record
has been forwarded b# the cler0 of court to the "ro"er a""ellate court as
"ro$ided in Section :, in which case, the 3ud%ment shall become final. (he
Re%ional (rial Court ma# also, in its discretion, allow the a""ellant from the
3ud%ment of a 'etro"olitan (rial Court, 'unici"al (rial Court in Cities,
'unici"al (rial Court, or 'unici"al Circuit (rial Court to withdraw his
a""eal, "ro$ided a motion to that effect is filed before rendition of the
3ud%ment in the case on a""eal, in which case the 3ud%ment of the court of
ori%in shall become final and the case shall be remanded to the latter court
for e4ecution of the 3ud%ment.
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The Revised Rules of Criminal Procedure (Rules 110-127, Rules of Court, Effective December 1, 2000)
Section 1+. Appointment of counsel de officio for accused on appeal. - )t shall be the
dut# of the cl7er0 of court of the trial court, u"on filin% of a notice of a""eal
to ascertain from the a""ellant, if confined in "rison, whether he desires the
Re%ional (rial Court, Court of ,""eals or the Su"reme Court to a""oint a
counsel de officio to defend him and to transmit with the record on a form
to be "re"ared b# the cler0 of court of the a""ellate court, a certificate of
com"liance with this dut# and of the res"onse of the a""ellate to his
in&uir#.
RULE 123 - PROCEDURE IN THE MUNICIPAL TRIAL COURTS
Section 1. Aniform +rocedure. (he "rocedure to be obser$ed in the 'etro"olitan
(rial Courts, 'unici"al (rial Courts and 'unici"al Circuit (rial Courts shall
be the same as in the Re%ional (rial Courts, e4ce"t where a "articular
"ro$ision a""lies onl# to either of said courts and in criminal cases
%o$erned b# the Re$ised Rule on Summar# *rocedure.
RULE 124 - PROCEDURE IN THE COURT OF APPEALS
Section 1. Title of the case. )n all criminal cases a""ealed to the Court of ,""eals,
the "art# a""ealin% the case shall be called the .appellant. and the
ad$erse "art# the .appellee'. but the title of the case shall remain as it was
in the court of ori%in.
Section 2. Appointment of counsel de officio for the accused. )f it a""ears from the
record of the case as transmitted that (a) the accused is confined in "rison,
(b) is without counsel de parte on a""eal, or (c) has si%ned the notice of
a""eal himself, as0 the cler0 of court of the Court of ,""eals shall
desi%nate a counsel de officio.
,n a""ellant who is not confined in "rison ma#, u"on re&uest, be
assi%ned a counsel de officio within ten (10) da#s from recei"t of the notice
to file brief and he establishes his ri%ht thereto.
Section +. When 2rief for appellant to 2e filed. 6ithin thirt# (+0) da#s from recei"t b#
the a""ellant or his counsel of the notice from the cler0 of court of the
Court of ,""eals that the e$idence, oral and documentar#, is alread#
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The Revised Rules of Criminal Procedure (Rules 110-127, Rules of Court, Effective December 1, 2000)
attached to the record, the a""ellant shall file se$en (7) co"ies of his brief
with the cler0 of court which shall be accom"anied b# "roof of ser$ice of
two (2) co"ies thereof u"on the a""ellee.
Section -. When 2rief for appellee to 2e filed6 repl% 2rief of the appellant. 6ithin thirt#
(+0) da#s from recei"t of the brief of the a""ellant, the a""ellee shall file se$en
(7) co"ies of the brief of the a""ellee with the cler0 of court which shall be
accom"anied b# "roof of ser$ice of two (2) co"ies thereof u"on the a""ellant.
6ithin twent# (20) da#s from recei"t of the brief of the a""ellee, the
a""ellant ma# file a re"l# brief tra$ersin% matters raised in the former but
not co$ered in the brief of the a""ellant.
Section .. #:tension of time for filin1 2riefs. =4tension of time for the filin% of briefs
will not be allowed e4ce"t for %ood and sufficient cause and onl# if the
motion for e4tension is filed before the e4"iration of the time sou%ht to be
e4tended.
Section 8. =orm of 2riefs. >riefs shall either be "rinted, encoded or t#"ewritten in
double s"ace on le%al si1e %ood &ualit# un%la1ed "a"er, ++0 mm. in len%th
b# 218 mm. in width.
Section 7. Contents of 2rief. (he briefs in criminal cases shall ha$e the same contents
as "ro$ided in Sec. 1+ and 1- of Rule --. , certified true co"# of the decision
or final order a""ealed from shall be a""ended to the brief of the a""ellant.
Section :. 0ismissal of appeal for a2andonment or failure to prosecute. (he Court
of ,""eals ma#, u"on motion of the a""ellee or motu proprio and with
notice to the a""ellant in either case, dismiss the a""eal if the a""ellant
fails to file his brief within the time "rescribed b# this Rule, e4ce"t where
the a""ellant is re"resented b# a counsel de officio.
(he Court of ,""eals ma# also, u"on motion of the a""ellee or motu
proprio, dismiss the a""eal if the a""ellant esca"es from "rison or
confinement, 3um"s bail or flees to a forei%n countr# durin% the "endenc#
of the a""eal.
Section <. +rompt disposition of appeals. ,""eals of accused who are under
detention shall be %i$en "recedence in their dis"osition o$er other a""eals.
(he Court of ,""eals shall hear and decide the a""eal at the earliest
"racticable time with due re%ard to the ri%hts of the "arties. (he accused
need not be "resent in court durin% the hearin% of the a""eal.
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The Revised Rules of Criminal Procedure (Rules 110-127, Rules of Court, Effective December 1, 2000)
Section 10. 3ud1ment not to 2e re$ersed or modified e:cept for su2stantial error. 7o
3ud%ment shall be re$ersed or modified unless the Court of ,""eals, after
an e4amination of the record and of the e$idence adduced b# the "arties,
is of the o"inion that terror was committed which in3uriousl# affected the
substantial ri%hts of the a""ellant.
Section 11. !cope of 4ud1ment. (he Court of ,""eals ma# re$erse, affirm or modif#
the 3ud%ment and increase or reduce the "enalt# im"osed b# the trial court,
remand the case to the Re%ional (rial Court for new trial or retrial, or
dismiss the case.
Section 12. +o,er to recei$e e$idence. (he Court of ,""eals shall ha$e the "ower to
tr# cases and conduct hearin%s, recei$e e$idence and "erform an# and all
acts necessar# to resol$e factual issues raised in cases (a) fallin% within its
ori%inal 3urisdiction, (b) in$ol$in% claims for dama%es arisin% from
"ro$isional remedies, or (c) where the court %rants a new trial based onl#
on the %round of newl#-disco$ered e$idence.
Section 1+. <uorum of the court6 certification or appeal of cases to !upreme Court.
(hree (+) Austices of the Court of ,""eals shall constitute a &uorum for the
sessions of a di$ision. (he unanimous $ote of the three (+) Austices of a
di$ision shall be necessar# for the "ronouncement of a 3ud%ment or final
resolution, which shall be reached in consultation before the writin% of the
o"inion b# a member of the di$ision. )n the e$ent that the three (+) Austices
can not reach a unanimous $ote, the *residin% Austice shall direct the raffle
committee of the Court to desi%nate two (2) additional Austices to sit
tem"oraril# with them, formin% a s"ecial di$ision of fi$e (.) members and
the concurrence of a ma3orit# of such di$ision shall be necessar# for the
"ronouncement of a 3ud%ment or final resolution. (he desi%nation of such
additional Austices shall be made strictl# b# raffle and rotation amon% all
other Austices of the Court of ,""eals.
6hene$er the Court of ,""eals find that the "enalt# of death, reclusion
perpetua' or life im"risonment should be im"osed in a case, the court, after
discussion of the e$idence and the law in$ol$ed, shall render 3ud%ment
im"osin% the "enalt# of death, reclusion perpetua, or life im"risonment as
the circumstance warrant. /owe$er, it shall refrain from enterin% the
3ud%ment and forthwith certif# the case and ele$ate the entire record
thereof to the Su"reme Court for re$iew.
Section 1-. Motion for ne, trial. ,t an# time after the a""eal from the lower court has
been "erfected and before the 3ud%ment of the Court of ,""eals con$ictin%
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The Revised Rules of Criminal Procedure (Rules 110-127, Rules of Court, Effective December 1, 2000)
the a""ellant becomes final, the latter ma# mo$e for a new trial on the
%round of newl#-disco$ered e$idence material to his defense. (he motion
shall conform with the "ro$isions of Section -, Rule 121.
Section 1.. Where ne, trial conducted. 6hen a new trial is %ranted, the Court of
,""eals ma# conduct the hearin% and recei$e e$idence as "ro$ided in
Section 12 of this Rule or refer the trial to the court of ori%in.
Section 18. Reconsideration. , motion for reconsideration shall be filed within fifteen
(1.) da#s from notice of the decision or final order of the Court of ,""eals
with co"ies thereof ser$ed u"on the ad$erse "art#, settin% forth the
%rounds in su""ort thereof. (he mittimus shall be sta#ed durin% the
"endenc# of the motion for reconsideration. 7o "art# shall be allowed a
second motion for reconsideration of a 3ud%ment or final order.
Section 17. 3ud1ment transmitted and filed in trial court. 6hen the entr# of 3ud%ment
of the Court of ,""eals is issued, a certified true co"# of the 3ud%ment shall
be attached to the ori%inal record which shall be remanded to the cler0 of
the court from which the a""eal was ta0en.
Section 1:. Application of certain rules in ci$il procedure to criminal cases. (he
"ro$isions of Rules -2, -- to -8 and -: to .8 relatin% to "rocedure in the
Court of ,""eals and in the Su"reme Court in ori%inal and a""ealed ci$il
cases shall be a""lied to criminal cases insofar as the# are a""licable and
not inconsistent with the "ro$ision of this Rule.
RULE 125 - PROCEDURE IN THE SUPREME COURT
Section 1. Aniform +rocedure. ?nless otherwise "ro$ided b# the Constitution or b#
law, the "rocedure in the Su"reme Court in ori%inal and in a""ealed cases
shall be the same as in the Court of ,""eals.
Section 2. Re$ie, of decisions of the Court of Appeals. (he "rocedure for the
re$iew b# the Su"reme Court of decisions in criminal cases rendered b#
the Court of ,""eals shall be the same as in ci$il cases.
Section +. 0ecision if opinion is e5uall% di$ided. 6hen the Su"reme Court en 2anc
is e&uall# di$ided in o"inion or the necessar# ma3orit# cannot be had on
whether to ac&uit the a""ellant, the case shall a%ain be deliberated u"on
and if no decision is reached after re-deliberation, the 3ud%ment of
con$iction of lower court shall be re$ersed and the accused ac&uitted.
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The Revised Rules of Criminal Procedure (Rules 110-127, Rules of Court, Effective December 1, 2000)
RULE 126 - SEARCH AND SEI$URE
Section 1. !earch ,arrant defined. , search warrant is an order in writin% issued in
the name of the *eo"le of the *hili""ines, si%ned b# a 3ud%e and directed
to a "eace officer, commandin% him to search for "ersonal "ro"ert#
described therein and brin% it before the court.
Section 2. Court ,here application for search ,arrant shall 2e filed. ,n a""lication
for search warrant shall be filed with the followin%
(a) ,n# court within whose territorial 3urisdiction a crime was committed.
(b) !or com"ellin% reasons stated in the a""lication, an# court within
the 3udicial re%ion where the crime was committed if the "lace of
the commission of the crime is 0nown, or an# court within the
3udicial re%ion where the warrant shall be enforced.
/owe$er, if the criminal action has alread# been filed, the a""lication
shall onl# be made in the court where the criminal action is "endin%.
Section +. +ersonal propert% to 2e sei7ed. , search warrant ma# be issued for the
search and sei1ure of "ersonal "ro"ert#
(a) Sub3ect of the offense9
(b) Stolen or embe11led and other "roceeds, or fruits of the offense9 or
(c) ?sed or intended to be used as the means of committin% an
offense.
Section -. Re5uisites for issuin1 search ,arrant. , search warrant shall not issue
e4ce"t u"on "robable cause in connection with one s"ecific offense to be
determined "ersonall# b# the 3ud%e after e4amination under oath or
affirmation of the com"lainant and the witness he ma# "roduce, and
"articularl# describin% the "lace to be searched and the thin%s to be sei1ed
which ma# be an#where in the *hili""ines.
Section .. #:amination of complainant6 record. (he 3ud%e must, before issuin% the
warrant, "ersonall# e4amine in the form of searchin% &uestions and
answers, in writin% and under oath, the com"lainant and the witnesses he
ma# "roduce on facts "ersonall# 0nown to them and attach to the record
their sworn statements, to%ether with the affida$its submitted.
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The Revised Rules of Criminal Procedure (Rules 110-127, Rules of Court, Effective December 1, 2000)
Section 8. Issuance and form of search ,arrant. )f the 3ud%e is satisfied of the
e4istence of facts u"on which the a""lication is based or that there is
"robable cause to belie$e that the# e4ist, he shall issue the warrant, which
must be substantiall# in the form "rescribed b# these Rules.
Section 7. Ri1ht to 2rea; door or ,indo, to effect search. (he officer, if refused
admittance to the "lace of directed search after %i$in% notice of his "ur"ose
and authorit#, ma# brea0 o"en an# outer or inner door or window of a house
or an# "art of a house or an#thin% therein to e4ecute the warrant to liberate
himself or an# "erson lawfull# aidin% him when unlawfull# detained therein.
Section :. !earch of house' room' or premises to 2e made in presence of t,o
,itnesses. 7o search of a house, room, or an# other "remises shall be
made e4ce"t in the "resence of the lawful occu"ant thereof or an# member
of his famil# or in the absence of the latter, two witnesses of sufficient a%e
and discretion residin% in the same localit#.
Section <. Time of ma;in1 search. (he warrant must direct that it be ser$ed in the
da# time, unless the affida$it asserts that the "ro"ert# is on the "erson or in
the "lace ordered to be searched, in which case a direction ma# be
inserted that it be ser$ed at an# time of the da# or ni%ht.
Section 10. Balidit% of search ,arrant. , search warrant shall be $alid for ten (10)
da#s from its date. (hereafter, it shall be $oid.
Section 11. Receipt for the propert% sei7ed. (he officer sei1in% the "ro"ert# under the
warrant must %i$e a detailed recei"t for the same to the lawful occu"ant of
the "remises in whose "resence the search and sei1ure were made, or in
the absence of such occu"ant, must, in the "resence of at least two
witnesses of sufficient a%e and discretion residin% in the same localit#,
lea$e a recei"t in the "lace in which he found the sei1ed "ro"ert#.
Section 12. 0eli$er% of propert% and in$entor% thereof to court6 return and proceedin1s
thereon. (a) (he officer must forthwith deli$er the "ro"ert# sei1ed to the 3ud%e
who issued the warrant, to%ether with a true in$entor# thereof dul# $erified under
oath.
(b) (en (10) da#s after issuance of the search warrant, the issuin% 3ud%e shall
ascertain if the return has been made, and if none, shall summon the "erson to
whom the warrant was issued and re&uire him to e4"lain wh# no return was made.
)f the return has been made, the 3ud%e shall ascertain whether Section 11 of this
Rule has been com"lied with and shall re&uire that the "ro"ert# sei1ed be deli$ered
to him. (he 3ud%e shall see to it that subsection (a) hereof has been com"lied with.
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The Revised Rules of Criminal Procedure (Rules 110-127, Rules of Court, Effective December 1, 2000)
(c) (he return on the search warrant shall be filed and 0e"t b# the
custodian of the lo% boo0 on search warrants who shall enter therein the
date of the return, the result, and other actions of the 3ud%e.
, $iolation of this section shall constitute contem"t of court.
Section 1+. !earch incident to la,ful arrest. , "erson lawfull# arrested ma# be
searched for dan%erous wea"ons or an#thin% which ma# ha$e been used or
constitute "roof in the commission of an offense without a search warrant.
Section 1-. Motion to 5uash a search ,arrant or to suppress e$idence6 ,here to file. ,
motion to &uash a search warrant and;or to su""ress e$idence obtained
thereb# ma# be filed in and acted u"on onl# b# the court where the action
has been instituted. )f no criminal action has been instituted, the motion ma#
be filed in and resol$ed b# the court that issued search warrant. /owe$er, if
such court failed to resol$e the motion and a criminal case is subse&uentl#
filed in another court, the motion shall be resol$ed b# the latter court.
RULE 127 - PROVISIONAL REMEDIES IN CRIMINAL CASES
Section 1. A$aila2ilit% of pro$isional remedies. (he "ro$isional remedies in ci$il
actions, insofar as the# are a""licable, ma# be a$ailed of in connection
with the ci$il action deemed instituted with the criminal action.
Section 2. Attachment. 6hen the ci$il action is "ro"erl# instituted in the criminal
action as "ro$ided in Rule 111, the offended "art# ma# ha$e the "ro"ert# of
the accused attached as securit# for the satisfaction of an# 3ud%ment that
ma# be reco$ered from the accused in the followin% cases
(a) 6hen the accused is about to abscond from the *hili""ines9
(b) 6hen the criminal action is based on a claim for mone# or
"ro"ert# embe11led or fraudulentl# misa""lied or con$erted to
the use of the accused who is a "ublic officer, officer of a
cor"oration, attorne#, factor, bro0er, a%ent or cler0, in the course
of his em"lo#ment as such, or b# an# other "erson in a fiduciar#
ca"acit#, or for a willful $iolation of dut#9
(c) 6hen the accused has concealed, remo$ed, or dis"osed of his
"ro"ert#, or is about to do so9 and
(d) 6hen the accused resides outside the *hili""ines.
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The Revised Rules of Criminal Procedure (Rules 110-127, Rules of Court, Effective December 1, 2000)
TABLE OF CONTENTS
Page No.
Rule 110 - *R2S=C?()27 2! 2!!=7S=S
Section 1. Institution of Criminal Actions FFFFF.....FFFFFF.. 1
Section 2. The Complaint or Information FFFFFFFFFFFFF.
Section +. Complaint 0efinedFFFFFFFFFFFFFFFFFF
Section -. Information 0efinedFFFFFFFFFFFFFFFFF.
Section .. Who must +rosecute Criminal ActionsFFFFFFFFF..
Section 8. !ufficienc% of Complaint or InformationFFFFFFFFF
Section 7. Name of the AccusedFFFFFFFFFFFFFFFF.
Section :. 0esi1nation of the OffenseFFFFFFFFFFFFFF.
Section <. Cause of the AccusationFFFFFFFFFFFFFFF
Section 10. +lace of Commission of the OffenseFFFFFFFFFF
Section 11. 0ate of Commission of the OffenseFFFFFFFFFF.
Section 12. Name of the Offended +art%FFFFFFFFFFFFF.
Section 1+. 0uplicit% of the OffenseFFFFFFFFFFFFFFF.
Section 1-. Amendment or !u2stitutionFFFFFFFFFFFFF...
Section 1.. +lace ,here Action is to 2e InstitutedFFFFFFFFF.
Section 18. Inter$ention of the Offended +art% in Criminal ActionCC..
Rule 111 - *R2S=C?()27 2! C)G)C ,C()27
Section 1. Institution of Criminal and Ci$il Actions CCCCCCCC.
Section 2. When !eparate Ci$il Action is !uspendedCCCCCCC.
Section +. When Ci$il Action ma% +roceed Independentl%FFFFF
Section -. #ffect of 0eath on Ci$il ActionsCCCCCCCCCCC..
Section .. 3ud1ment in Ci$il Action not a 2ar CCCCCCCCCC.
Section 8. !uspension 2% Reason of +re4udicial <uestionCCCCC
Section 7. #lements of +re4udicial <uestionCCCCCCCCCC..
Rule 112 - *R=C)')7,RH )7G=S()I,()27
Section 1. +reliminar% In$esti1ation 0efined6 When Re5uiredCFFF.
Section 2. Officers Authori7ed to Conduct +reliminar% In$esti1ations...
Section +. +rocedure FFFFFFFFFFFFFFFFFFFFF
Section -. Resolution of In$esti1atin1 +rosecutor and its Re$ie,FF..
Section .. Resolution of In$esti1atin1 3ud1e and its Re$ie,FFFFF
Section 8. When Warrant of Arrest ma% IssueCCCCCCCCCC..
Section 7. When Accused )a,full% Arrested Without Warrant..CCC.
Section :. RecordsFFFFFFFFFFFFFFFFFFFFFF
Section <. Cases not Re5uirin1 a +reliminar% In$esti1ation nor
co$ered 2% the Rule on !ummar% +rocedureFFFFF..
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The Revised Rules of Criminal Procedure (Rules 110-127, Rules of Court, Effective December 1, 2000)
TABLE OF CONTENTS
Page No.
Rule 11+ ,RR=S(
Section 1. 0efinition of ArrestCCC... FFFFF.....FFFFFF.. 1
Section 2. Arrest' @o, MadeCCCC FFFFFFFFFFFFF.
Section +. 0ut% of Arrestin1 OfficerCFFFFFFFFFFFFFF
Section -. #:ecution of WarrantFFFFFFFFFFFFFFFF.
Section .. Arrest Without Warrant' When )a,ful FFFFFFF.F..
Section 8. Time of Ma;in1 ArrestFFFFFFFFFFFFFFFF
Section 7. Method of Arrest 2% Officer 2% Birtue of Warrant.FFFF.
Section :. Method of Arrest 2% Officer 2% Birtue of Warrant FFFF..
Section <. Method of Arrest 2% +ri$ate +erson..FFFFFFFFFF
Section 10. Officer Ma% !ummon AssistanceC..FFFFFFFFFF
Section 11. Ri1ht of Officer to 8rea; Into 8uildin1 or #nclosure.FFF.
Section 12. Ri1ht of Officer to 8rea; Out =rom 8uildin1 or #nclosure ...
Section 1+. Arrest After #scape or Rescue..FFFFFFFFF..FF.
Section 1-. Ri1ht of Attorne% or Relati$e to Bisit +erson ArrestedFF...
Rule 11- >,)C
Section 1. 8ail 0efinedCCCCCC... FFFFF.....FFFFFF.. 1
Section 2. Conditions of the 8ail6 Re5uirementsFFFFFFFFF.
Section +. No Release or Transfer #:cept on Court Order or 8ailFF
Section -. 8ail' a Matter of Ri1ht6 #:ceptionFFFFFFFFFFF.
Section .. 8ail' When 0iscretionar% CCCCCCFFFFFFF.F..
Section 8. Capital Offense 0efined..FFFFFFFFFFFFFFF
Section 7. Capital Offense or an Offense +unisha2le 2% Reclusion
+erpetua or )ife Imprisonment' Not 8aila2leCC.FF..
Section :. 8urden of +roof in 8ail ApplicationCCCCCC FFFF..
Section <. Amount of 8ail6 >uidelinesCCCC..FFFFFFFFFF
Section 10. Corporate !uret%CCCCCCC.C..FFFFFFFFFF
Section 11. +ropert% 8ond' @o, +ostedCCCCCCCCCC..FFF.
Section 12. <ualifications of !ureties in +ropert% 8ond..........................
Section 1+. 3ustification of !uretiesCCC...FFFFFFFFF..FF.
Section 1-. 0eposit of Cash as 8ailCCCCCCCCCCCC..FF...
Section 1.. Reco1ni7anceCCCCCCCCCCCC...........................
Section 18. 8ail' When Re5uired' Reduced 8ail or Reco1ni7anceCC..
Section 17. 8ail' Where =iledCC..CCCCCCCCCCCC..FF....
Section 1:. Notice of Application to +rosecutorCCC...........................
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The Revised Rules of Criminal Procedure (Rules 110-127, Rules of Court, Effective December 1, 2000)
TABLE OF CONTENTS
Page No.
Rule 11- >,)C (contC/
Section 1<. Release on 8ailCCCCCCCCCCCCCCCC..CC..
Section 20. Increase or Reduction of 8ail..CCCCCCCCC..FF....
Section 21. =orfeiture of 8ail..CCCCCCCCCCCCCCC..CC..
Section 22. Cancellation of 8ailCCCC...CCCCCCCCC..FF....
Section 2+. Arrest pf Accused Out on 8ailCCCCCCCCCCCC...
Section 2-. No 8ail After =inal 3ud1ment' #:ceptionCCCCCCC... 1
Section 2.. Court !uper$ision of 0etaineesCCC..FFFFFFFF.
Section 28. 8ail Not a 8ar to O24ections on Ille1al Arrest' )ac; of or
Irre1ular +reliminar% In$esti1ationFFFFFFFFF
Rule 11. - R)I/(S 2! ,CC?S=@
Section 1. Ri1hts of Accused at Trial.... FFFFF.....FFFFFF. 1
Rule 118 ,RR,)I7'=7( ,7@ *C=,
Section 1. Arrai1nment and +lea' @o, Made..FF.....FFFFFF.. 1
Section 2. +lea of >uilt% to a )esser OffenseC.FFFFFFFFF.
Section +. +lea of >uilt% to Capital Offense' Reception of #$idenceF
Section -. +lea of >uilt% to Non-Capital Offense'
Reception of #$idence' 0iscretionar%.FFFFFFF.
Section .. Withdra,al of Impro$ident +lea of >uilt%C.FFFFF.F..
Section 8. 0ut% of Court to Inform Accused of @is Ri1ht to CounselC
Section 7. Appointment of Counsel de OfficioCCCCC..CC.FF..
Section :. Time for Counsel de Officio to +repare for Arrai1nmentF..
Section <. 8ill of +articularsCCCCCCCC..FFFFFFFFFF
Section 10. +roduction or Inspection of Material #$idence in
+ossession of +rosecutionC.C..FFFFFFFFFF
Section 11. !uspension of Arrai1nmentC.CCCCCCCCC..FFF.
Section 12. <ualifications of !ureties in +ropert% 8ond..........................
Section 1+. 3ustification of !uretiesCCC...FFFFFFFFF..FF.
Section 1-. 0eposit of Cash as 8ailCCCCCCCCCCCC..FF...
Section 1.. Reco1ni7anceCCCCCCCCCCCC...........................
Section 18. 8ail' When Re5uired' Reduced 8ail or Reco1ni7anceCC..
Section 17. 8ail' Where =iledCC..CCCCCCCCCCCC..FF....
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The Revised Rules of Criminal Procedure (Rules 110-127, Rules of Court, Effective December 1, 2000)
TABLE OF CONTENTS
Page No.
Rule 117 '2()27 (2 J?,S/
Section 1. Time to Mo$e to <uashCCCCC..FF.....FFFFFF.. 1
Section 2. =orms and ContentsCCCCCC.C.FFFFFFFFF.
Section +. >roundsCCCCCCCCCCCCCCCCCCCCC.F
Section -. Amendments of Complaint or Information..FFFFFFF.
Section .. #ffect of !ustainin1 the Motion to <uashC.FFFFF.F..
Section 8. Order !ustainin1 the Motion to <uash Not a 8ar
to Another +ossession' #:ceptionCCCCCCCCC
Section 7. =ormer Con$iction or Ac5uittal' 0ou2le 3eopard%..C.FF..
Section :. +ro$isional 0ismissalCCCCCCCCCCCCCC..F..
Section <. =ailure to Mo$e to <uash or to Alle1e An% >round
ThereforCCCCCC..CCC..FFFFFFFFFF
Rule 11: *R=-(R),C
Section 1. +re-Trial6 Mandator% in Criminal CasesCC..FFFFFF. 1
Section 2. +re-Trial A1reementCCCCCC.C.FFFFFFFFF.
Section +. Non-Appearance at +re-Trial A1reementCCCCCCC.F
Section -. +re-Trial OrderCCCCCCCCCCCC.FFFFFFF.

Rule 11< (R),C
Section 1. Time to +repare for TrialCCCCC..FF.....FFFFFF.. 1
Section 2. Continuous Trial Antil Terminated6 +ostponements..FFF.
Section +. #:clusionsC.CCCCCCCCCCCCCCCCCCC.F
Section -. =actors for >rantin1 ContinuanceCCC....FFFFFFF.
Section .. Time )imit =ollo,in1 An Order =or a Ne, TrialFFFF.F..
Section 8. #:tended Time )imitCCCCCCCC.CCCCCCCCC
Section 7. +u2lic Attorne%?s 0uties Where Accused Is Imprisoned..F..
Section :. !antionsCCCCCC.CCCCCCCCCCCCCC..F..
Section <. Remed% Where Accused Is Not 8rou1ht To Trial
Within The Time )imitC..CCC..FFFFFFFFFF
Section 10. )a, On !peed% Trial Not A 8ar To +ro$ision On
!peed% Trial In The ConstitutionC..CC..FFFFFF.
Section 11. Order of TrialCCCCC..CCCC.C.FFFFFFFFF.
Section 12. Application for #:amination of Witness for Accused
8efore TrialCCCCCCC.FFFFFFFFFFFF
Section 1+. #:amination of 0efense Witness6 @o, MadeCCCCC.F.
Section 1-. 8ail to !ecure Appearance of Material Witness ..FFFFF
Section 1.. #:amination of Witness for the prosecution..CCCCC.F.

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The Revised Rules of Criminal Procedure (Rules 110-127, Rules of Court, Effective December 1, 2000)
TABLE OF CONTENTS
Page No.
Rule 120 A?@I'=7(
Section 1. 3ud1ment6 0efinition and =orm.CCCCCCCCC..CC..
Section 2. Contents of the 3ud1ment..CCCCCC..CCCC.FF....
Section +. 3ud1ment for t,o or More OffensesCCCC.CCC..CC..
Section -. 3ud1ment in Case of Bariance 8et,een
Alle1ation and +roofCC...CCCCCCCCC..FF....
Section .. When an Offense Includes or is Included in Another..CC...
Section 8. +romul1ation of 3ud1ment.CCCCCC.CCCCCCC... 1
Section 7. Modification of 3ud1mentCCCCCCC..FFFFFFF.
Section :. #ntr% of 3ud1mentCC.CCCCCC..FFFFFFFFF
Section <. #:istin1 +ro$isions >o$ernin1 !uspension of !entence'
+ro2ation and +arole not Affected 2% this Rule..FFF
Rule 121 7=6 (R),C 2R R=C27S)@=R,()27
Section 1. Ne, Trial or ReconsiderationCCCCCCCCCC..CC..
Section 2. >rounds for a Ne, TrialCCCCCCCCCCCC.FF....
Section +. >rounds for ReconsiderationCCCCCC...CCC..CC..
Section -. =orm of Motion and Notice to the +rosecutor.CC..FF....
Section .. @earin1 on MotionC.CCCCCCCCC..........................
Section 8. #ffects of >rantin1 a Ne, Trial or Reconsideration..CC... 1
Rule 122 ,**=,C
Section 1. Who Ma% AppealCCCCCCCCCCCCCCC..CC..
Section 2. Where to AppealCCC....CCCCCC..CCCC.FF....
Section +. @o, Appeal Ta;enCCCCCC..CCCC.CCC..CC..
Section -. !er$ice of Notice of Appeal..CCCCCCCCC..FF....
Section .. Wai$er of NoticeCCCCCCCCCCCCCC....CC...
Section 8. When Appeal to 2e Ta;en..CCCCC.CCCCCCC... 1
Section 7. Transcri2in1 and =ilin1 Notes of !teno1raphic Reporter
Apon AppealCCCC.CCCCCCC..F..FFFF.
Section :. Transmission of +apers to Appellate Court Apon Appeal...
Section <. Appeal to the Re1ional Trial CourtsCCCCCC...FFF
Section 10. Transmission of Records in Case of 0eath +enalt%.FFF
Section 11. #ffect of Appeal 2% An% of !e$eral AccusedCCCC..CC..
Section 12. Withdra,al of AppealCCC....CCCCCCCCC..FF....
Section 1+. Appointment of Counsel de Officio for Accused on Appeal...
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The Revised Rules of Criminal Procedure (Rules 110-127, Rules of Court, Effective December 1, 2000)
TABLE OF CONTENTS
Page No.
Rule 12+ *R2C=@?R= )7 (/= '?7)C)*,C (R),C C2?R(S
Section 1. Aniform +rocedureCCCCCCCCCCCCCC..CC..
Rule 12- *R2C=@?R= )7 (/= C2?R( 2! ,**=,CS
Section 1. Title of the CaseCCC....CCCCCC..CCCC.FF....
Section 2. Appointment of Counsel de Officio for the Accused.CC..
Section +. When 8rief for Appellant to 2e =iledCCCCCC..FF....
Section -. When 8rief for Appellee to 2e =iled6 Repl% 8rief of the
AppellantCC..CCCCCCCCCCCCC....CC...
Section .. #:tension of Time for =ilin1 8riefs CC.CCCCCCC... 1
Section 8. =orm of 8riefsC..CCCC.CCCCCCC..F..FFFF.
Section 7. Contents of 8riefCCCCCCCCCCCCCCCCC...
Section :. 0ismissal of Appeal for A2andonment or =ailure to
+rosecuteCCCCCCCCCC..CCCCC...FFF
Section <. +rompt 0isposition of AppealsCCCCCCCCC..FFF
Section 10. 3ud1ment Not to 2e Re$ersed or Modified #:cept for
!u2stantial #rrorCCCCCCCCCC.CCC..CC..
Section 11. !cope of 3ud1mentC.CC....CCCCCCCCC..FF....
Section 12. +o,er to Recei$e #$idenceCCCCCCCCCCCC.....
Section 1+. <uorum of the Court6 Certification or Appeal of Cases
to !upreme CourtCCC..CCCCCCCCC..FFF
Section 1-. Motion for Ne, Trial.CCCCCCCCCC.CCC..CC..
Section 1.. Where Ne, Trial ConductedC.CCCCCCCC..FF....
Section 18. ReconsiderationCCCCCCCCCCCCCCCCC.....
Section 17. 3ud1ment Transmitted and =iled in Trial Court.CC..CC..
Section 1:. Application of Certain Rules in Ci$il +rocedure
to Criminal CasesCCCC.CCCCCCCC..FF....
Section 18. ReconsiderationCCCCCCCCCCCCCCCCC.....
Rule 12. *R2C=@?R= )7 (/= S?*R='= C2?R(
Section 1. Aniform +rocedureCC....CCCCCC..CCCC.FF....
Section 2. Re$ie, of 0ecisions of the Court of AppealsCCC..CC..
Section +. 0ecision if Opinion is #5uall% 0i$ided.CCCCC..FF....
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The Revised Rules of Criminal Procedure (Rules 110-127, Rules of Court, Effective December 1, 2000)
TABLE OF CONTENTS
Page No.
Rule 128 S=,RC/ ,7@ S=)K?R=
Section 1. !earch Warrant 0efined..CCCCCC..CCCC.FF....
Section 2. Court Where Application for !earch Warrant
!hall 2e =iledCCCCCCCCCCCCCC...CC..
Section +. +ersonal +ropert% to 2e !ei7edC..CCCCCC..FF....
Section -. Re5uisites for Issuin1 !earch Warrant...CCCC.FF....
Section .. #:amination of Complainant6 Record..CCCCC...CC..
Section 8. Issuance and =orm of !earch Warrant..CCCC..FF....
Section 7. Ri1ht to 8rea; 0oor or Windo, to #ffect !earch ..FF....
Section :. !earch of @ouse' Room' or +remises to 2e Made
in +resence of T,o (2/ Witnesses CCCCC...CC..
Section <. Time of Ma;in1 !earchCCCCC..CCCCCC..FF....
Section 10. Balidit% of !earch WarrantCCCCC.....CCCC.FF....
Section 11. Receipt of the +ropert% !ei7edCCC..CCCCC...CC..
Section 12. 0eli$er% of +ropert% and In$entor% Thereof to Court'
Return and +roceedin1s Thereon....CCCC..FF....
Section 1+. !earch Incident to )a,ful Arrest.CCC..CCCC.FF....
Section 1-. Motion to <uash a !earch Warrant or to !uppress
#$idence6 Where to =ile..CCCCCCCCC...CC..
Rule 127 *R2G)S)27,C R='=@)=S )7 CR)')7,C C,S=S
Section 1. A$aila2ilit% of +ro$isional Remedies..C..CCCC.FF....
Section 2. AttachmentCC..CCCCCCCCCCCCCC...CC..
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