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Sales Reviewer: Chapter One

SALES (Art. 1458-1637 of the CivilCode of the Philippines)

[Reference book: Law on Sales, Agency and Credit Transaction by De Leon andDe Leon Jr. and the Cicil Code of the
Philippines, all credits goes to them.]
Chapter 1
Art. 1458: "By the contract of sale one of the contracting parties obligates himself to transfer the ownership of and
to deliver a determinate thing, and the other to pay therefore a price certain in money or its equivalent. A contract of
sale may be absolute or conditional"
Art. 1458 indicates;
*Two Obligations:
a.) The Obligation of the Seller:

Transfer the ownership thereof; and

To delivery the determinate thing

b.) The Obligation of the Buyer:

To pay the price or equivalent value

*Elements/Requisites for a valid contract of sale:

Consent - There must be a meeting of the minds of both parties


Object - There must be a valid subject matter

Consensual - The payment of the price

*Characteristics of a contract of sale:


Consensual - perfected by mere consent


Bilateral - both parties are bound to fulfill each obligations reciprocally towards each other
Onerous - Thing sold is conveyed in consideration of price


Commutative - thing sold is equivalent of the price

Nominal - it has a name

Principal - it can stand on its own
*Stages of a contract of sale:
Policitation - Negotiation process
Perfection - When the contracts is extinguished
Consumation/Execution - When the parties have fulfilled their obligations
*Kinds of contract of sale:
Absolute - ownership is acquired by the buyer when the thing is sold, not subject to any condition.
Conditional - sale is contemplates a contingency, subjected to any conditions
*Two obligations:
Real - obligation to do
Personal - obligation to give
Art. 1459: "Thing must be licit and the vendor must have a right to transfer the ownership thereof at the time it is
the thing must be licit - It must be lawful
the vendor has the right to transfer the ownership at the time of delivery
*Right of vendor to transfer ownership:
"One can sell only what he own" - the vendor must be the owner or he is authorized by the owner to sell it. General
Rule: "Nobody can dispose of that which he does not have" except things mention in Art. 1505.
"Sufficient if right exists at the time of delivery" - Sufficient if he has the right to sell the thing at the time when the
ownership is to pass. Since future goods (Goods to be acquired ina contingency) may be the subject matter of the sale.

Art. 1460: " A thing is determinate when it is particularly designated or physically segregated from all others of the
same class.
The requisite that a thing be determinate is satisfied if at the time the contract is entered into, the thing is capable
of being made determinate without the necessity of a new or further agreement between the parties."

*Thing is determinate:
When it is particularly designated or physically segregated from all others of the same class.

Object of every contract must be determinate to its kind.


When it is identified by its individuality. (Ex: my car; the g-shock watch that I'm wearing; iphone 6plus spacegrey
16gb; the house located at the corner of pluto and mariveles street]
*Sufficient if subject matter capable of being made determinate:
if is sufficient that the thing is determinable or capable of being made determinate to ascertain its identity, quality or

FACT: an agreement is still necessary constitutes an obstacle to the existence of the contract and renders it void.

Art. 1461: Things having a potential existence may be the object of the contract of sale.
The efficacy of the sale of mere hope or expectancy is deemed subject to the condition that the thing will come into
The sale of a vain hope or expectancy is void.


1.) The Sale of things having potential existence:
Future thing, not existing at the time contract is entered, may be the object of salePROVIDED it has a potential or possible
existence that is reasonably certain to come into existence.
Sale of the wine a vine is expected to produce;
The grain a field may grow in a given time; or
The milk of a cow may yield during the coming year;
The thing sold must be specific and identified and they must also owned by the vendor at the time.
2.) Sale of hope or expectancy:
It is deemed subject to the condition that the thing contemplated or expected will come into existence;
This refers to an expected thing which is not yet existing;
This is valid even if the thing hoped or expected does not come into existence, unless the hope or expectancy is vain, in
which case the sale (Ex: sale of a falsified sweepstakes ticket which can never be win) is void.
Art. 1462: The goods which form the subject of a contract of sale may be either existing goods owned or
possessed by the seller or goods to be manufactured, raised, or acquired by the seller after the perfection of the
contract of sale, in this Title called future goods.
There may be a contract of sale of goods, whose acquisition by the seller depends upon a contingency which may
or may not happen.

1.) Goods which may be the object of sale:

a) Existing goods goods owned or possessed by the seller; or
b) Future goods goods to be manufactured, raised, or acquired
o Manufactured: sale of milk bottles to be manufactured with the name of the buyer pressed in the glass.
o Raised: sale of the future harvest of palay from the ricefield.
o Acquired: sale of a definite parcel of land the seller expects to buy.
2.) Sale of future goods:
Property or goods which at the time of the sale, are not owned by the seller but which are acquired by him thereafter
It cannot be the subject of an executed sale but may be the subject of a contract for the future sale and delivery thereof.

Art. 1463: The sole owner of a thing may sell undivided interest therein.
1.) Sale of undivided interest in a thing:
a) By sale owner
Sole owner of a thing may sell the entire thing or only a specific portion, or an undivided interest therein and such interest
may be designated as analiquot part of the whole.
Legal Effect: to make the buyer a co-owner in the thing sold. Which he acquires full ownership of his part and may sell it.
Sale is limited to the portion of which may be allotted to him.
b) By co-owner
Can dispose of his share even without the consent of the other co=owner/s.
Effect of Alienation: shall be limited to the portion of which may be allotted to the vendor in the division of the property upon
termination of the co-ownership.
Art. 1464: In the case of fungible goods, there may be a sale of undivided share of a specific mass, though the
seller purports to sell and the buyer to buy a definite number, weight or measure of the goods in the mass, and
though the number, weight or measure of the goods in the mass is undetermined. By such a sale the buyer
becomes owner in common of such a share of the mass as the number, weight or measure bought bears to the
number, weight or measure of the mass. If the mass contains less than the number, weight or measure bought, the
buyer becomes the owner of the whole mass and the seller bound to make good the deficiency from goods of the
same kind and quality, unless a contrary intent appears.


A. Sale of an undivided share of a specific mass:

1. Fungible Goods goods of which any unit is, from its nature or by mercantile usage, treated as the equivalent of any other
unit. {Ex: Grain, oil, wine, gasoline, etc.}
2. Effect of sale owner of a mass of goods may sell only an undivided share thereof, PROVIDED the mass is specific or
capable of being made determinate.
Such sale, buyer becomes a co-owner of the whole mass in the proportion in which the definite share bough bears to the mass.
Must be follow that the aliquot share of each owner can be determined only by the measurement of the entire mass.
If the mass of the fungible goods contains less than what was sold, thebuyer becomes the owner of the whole
mass; FURTHERMORE,the seller shall supply whatever is lacking from goods of the same kind and quality, subject to any
stipulation to the contrary.
Risk of loss If buyer becomes co-owners together with the owner and other co-owners, the whole mass is at the risk of all the
parties interested in it, in proportion to their various holdings.
Subject matter subject matter is an incorporeal or intangible right. Here, ownership passes to the buyer by the intention of the
Art. 1465: Things subject to a resolutory condition may be the object of the contract of sale.

Resolutory Condition an uncertain event upon the happening of which the obligation or right subject to it is extinguished.
Hence, the right acquired in virtue of the obligation is also extinguished.
If the resolutory condition attaching to the object of the contract, which object may include things as well as rights, should
happen, then the vendor cannot transfer the ownership of what he sold since there is no object.
Art. 1466. In construing a contract containing provisions characteristic of both the contract of sale and of the
contract of agency to sell, the essential clauses of the whole instrument shall be considered.

Contract of agency a person binds himself to render some service or to do something in representation or on behalf of
another, with the consent or authority of the latter. (Art. 1868)

Sale distinguished from agency to sell

Buyer receives the goods as owner
The agent receives the goods as the
goods of the principal who retains his
ownership over them

The buyer has to pay the price

The agent has to account for the

proceeds of the sale he may make on
the principals behalf
General Rule: The buyer cannot return
The agent can return the object in case
the object sold.
he is unable to sell the same to a third
The Seller warrants the thing sold. (Art,
The agents makes no warranty for
1547, 1548, 1561)
which he assumes personal liability as
long as he acts within his authority and
in the name of the seller.
The buyer can deal with the thing sold
The agent in dealing with the thing
as he pleases, being the owner
received, must act and is bound
according to the instructions of his
Art. 1467: A contract for the delivery at a certain price of an article which the vendor in the ordinary course of his
business manufactures or procures for the general market, whether the same is on hand at the time or not, is a
contract of sale, but if the goods are to be manufactured specially for the customer and upon his special order, and
not for the general market, it is a contract for a piece of work.

Contract for a piece of work the contractor binds himself to execute a piece of work for the employer, in consideration of a
certain price or compensation. The contractor may either employ his labor or skill, or also furnish the material. (Art. 1713)

Sale distinguished from contract for a piece of work


the thing transferred is one

the thing transferred is one not in
which would have existed and been the existence and which never would have
subject of sale to some other person, existed but for the order of the party
even if the order had not been given.
desiring to acquire it.

the risk of loss is borne by the

the risk of loss before the
delivery is borne by the worker or
contractor, not by the employer (the
person who ordered).

NOT within the Statute of

Within the Statute of Frauds
Art. 1468: If the consideration of the contract consists partly in money, and partly in another thing, the transaction
shall be characterized by the manifest intention of the parties. If such intention does not clearly appear, it shall be
considered a barter if the value of the thing given as a part of the consideration exceeds the amount of the money
or its equivalent; otherwise, it is a sale.

Contract of barter or exchange one of the parties binds himself to give one thing in consideration of the others promise to
give another thing. (Art. 1638-1641)
In a contract of sale the vendor gives a thing in consideration for a price in money. (Art. 1458)
Rule 110 PROSECUTION of Offenses

1. General Rule: MTC and RTC courts gain jurisdiction over the offense upon the filing of complaint by a complainant or an
information by the prosecuting officer
Court gains jurisdiction over the person of the accused upon arrest or surrender; such jurisdiction once gained cannot be lost
even if accused escapes (Gimenez vs. Nazareno)
Jurisdiction of the court over the offense is determined at the time of the institution of the action and is retained even if the
penalty for the offense is later lowered or raised (People vs. Lagon)
2. Complaint sworn written statement charging a person with an offense, subscribed by the offended party, any peace officer
or other public official charged with the enforcement of the law violated
Information accusation in writing charging a person with an offense, subscribed by the fiscal and filed with the court


Complaint and Information distinguished:



A sworn statement

Need not be sworn to

Subscribed by the offended party, any peace officer or

other officer charged with the enforcement of the law

Subscribed to by the fiscal

May be filed either with the court or in the fiscals office

generally to commence the preliminary investigation of the
charges made

Filed with the court

Cases where civil courts of equal rank are vested with concurrent jurisdiction:

Features stated in Art. 2, RPC

Cognizable by proper court in which charge is first filed



Continuing crimes committed in different judicial regions

Offenses wherein any of the essential elements were committed in different territorial jurisdictions


Offenses committed aboard a train, vehicle, aircraft or vessel (see R110, 15)

Railroad, train, aircraft

(1) Territory or municipality where vehicle passed

(2) Place of departure
(3) Place of arrival


(1) First port of entry

(2) Thru which it passed during voyage
e. Libel and written defamation
5. Remedies of offended party when fiscal unreasonably refuses to file an information or include a person therein as an accused

In case of grave abuse of discretion, action for mandamus


Lodge a new complaint against the offenders


Take up matter with the Secretary of Justice


Institute administrative charges against the erring fiscal

File criminal charges under Art. 208, RPC (prosecution of offenses)


File civil action under Art. 27, NCC for damages (PO refuses or neglects to perform official duty)
Secure appointment of another fiscal


Institute another criminal action if no double jeopardy is involved

6. Writs of injunction or prohibition to restrain a criminal prosecution are not available, EXCEPT

To afford adequate protection to constitutional rights of accused


Necessary for the orderly administration of justice or to avoid oppression or multiplicity of actions
Pre-judicial question which is sub judice


Acts of the officer are without or in excess of authority

Prosecution is under an invalid law, ordinance or regulation


Double jeopardy is clearly apparent

Court has no jurisdiction over the case


Case of persecution rather than prosecution

Charges are manifestly false and motivated by lust for vengeance


Clearly no prima facie case against the accused and MTQ on that ground had been denied


Institution of Criminal Actions:



By filing a complaint with the appropriate officer for the purpose of conducting requisite preliminary investigation therein.
b. In Municipal Trial Courts and Municipal Circuit Trial Courts:
By filing the complaint or information directly with said courts, or a complaint with the fiscals office
c. In Metropolitan Trial Courts
By filing the complaint ONLY with the office of the fiscal
In all 3 above cases, such institution shall interrupt the period of prescription of the offense charged (Rule 110, 1)
d. Offenses subject to summary procedure
[i.e. (1) violation of traffic laws; (2) violation of rental laws; (3) violation of municipal or city ordinances; and (4) criminal
cases where the penalty does not exceed 6 months or fine of P1000 or both, irrespective of other imposable penalties and civil
The complaint or information shall be filed directly in court without need of a prior preliminary examination or preliminary
Zaldivia vs. Reyes since a criminal case covered by the Rules of Summary Procedure shall be deemed commenced only when it
is filed in court, then the running of the prescriptive period shall be halted on the date the case is actually filed in court and not
on any date before that.
Reodica vs. CA [clarifies Zaldivia above] Under Art. 91 of the RPC, the period of prescription shall be interrupted by the filing
of the complaint or information. It does not distinguish whether the complaint is filed for preliminary examination or
investigation only, or for an action on the merits. Thus, the filing of the complaint even with the fiscals office should suspend
the running of the Statute of Limitations. The ruling in Zaldivia is not applicable to all cases subject to the Rules on Summary
Procedure, since that particular case involved a violation of an ordinance. Therefore, the applicable law therein was not Art. 91
of the RPC, but Act No. 3326 (An Act to Establish Periods of Prescription for Violations Penalized by Special Acts and Municipal

Ordinances and to Provide when Prescription Shall Begin to Run), 2 of which provides that period of prescription is suspended
only when judicial proceedings are instituted against the guilty party.
8. Contents of information
a. Name of the accused
Information may be amended as to the name of the accused, but such amendment cannot be questioned for the first time on
appeal (People vs. Guevarra)
Error of name of the offended party: if material to the case, it necessarily affects the identification of the act charged.
Conviction for robbery cannot be sustained if there is a variance between the allegation and the proof as to the ownership of the
property stolen.
b. Designation of offense by statute (or of section/subsection of statute violated)
Only one offense charged, EXCEPT where law prescribes a single punishment for various offenses.
If facts do not completely allege all the elements of the crime charged, the info may be quashed; however, the prosecution is
allowed to amend the info to include the necessary facts (People vs. Purisima)
c. Acts or omissions complained of constituting the offense
Information need only allege facts, not include all the evidence which may be used to prove such facts (Balitaan vs. CFI)
d. Name of offended party
e. Approximate time of commission
Approximation of time is sufficient; amendment as to time is only a formal amendment; no need to dismiss case (People vs.
A significant discrepancy in the time alleged cannot be sustained since such would allow the prosecution to prove an offense
distantly removed from the alleged date, thus substantially impairing the rights of the accused to be informed of the charges
against him (People vs. Reyes)

Place of commission

Conviction may be had even if it appears that the crime was committed not at the place alleged, provided that the place of
actual commission was within the courts jurisdiction and accused was not surprised by the variance between the proof and the
Qualifying and inherent aggravating circumstances need to be alleged as they are integral parts of the crime. If proved, but
not alleged, become only generic aggravating circumstances.
9. Amendment of information and Substitution of information, distinguished



Involves either formal or substantial changes

Necessarily involves a substantial change

Without leave of court if before plea

Needs leave of court as original information has to be


Where only as to form, there is no need for another

preliminary investigation and retaking of plea of accused

Another preliminary investigation is entailed and accused

has to plead anew

Refers to the same offense charged or which necessarily

includes or is necessarily included in original charges,
hence, substantial amendments to info after plea taken
cannot be made over objections of accused for if original
info is withdrawn, accused could invoke double jeopardy

Requires or presupposes that new info involves a different

offense which does not include or is not included in the
original charge, hence, accused cannot claim double

10. After plea, amendment only as to matters of form, provided


Leave of court is obtained; and


Amendment is not prejudicial to rights of accused

11. When amendment is only as to form


Neither affects or alters nature of offense charged


Charge does not deprive accused of a fair opportunity to present his defense
Does not involve a change in basic theory of prosecution

12. Exceptions to rule on venue


Felonies in Art. 2, RPC (cognizable by proper court in which charge is first filed)
Continuing offenses


Piracy which is triable anywhere

Libel (residence; or where first published)


In exceptional cases, to ensure fair trial and impartial inquiry

13. Special cases (who may prosecute)

a. Adultery and concubinage
Only offended spouse can be complainant
Both guilty parties must be included in complaint
b. Crimes against chastity
With consent of the offended party, offended spouse, grandparents, guardian, or state asparens patriae, in that order
Offended party, even if minor, has right to initiate the prosecution of the case independently of parents, grandparents or
guardian, unless she is incompetent/incapable on grounds other than minority.
If offended party who is a minor fails to file the complaint, her parents, grandparents or guardian may do so.
In crimes against chastity, the consent of the victim is a jurisdictional requirementretraction renders the information void
(People vs. Ocapan)
If complexed with a public crime, the provincial fiscal may sign the complaint on his own
c. Defamation (consisting of imputation of offenses in [a] or [b])
Complainant must be offended party
The offended party may intervene in the prosecution of the criminal case because of her interest in it (Banal vs. Tadeo)

14. Procedure

Complaint filed in MTC or info filed in RTC where an essential ingredient of the crime took place (territorial jurisdiction)

Amendment as a matter of right before plea

Amendment upon discretion of the court after plea

Inclusion of other accused is only a formal amendment which would not be prejudicial to the accused and should be allowed
(People vs. CA)
d. After plea and before judgment, if it appears there was a mistake in charging proper offense, court shall dismiss original info
upon the filing of a corrected one, provided that the accused will not be placed in double jeopardy (substitution)
Fiscal determines direction of prosecution; complainant must ask fiscal if he wants to dismiss the case; the motion to dismiss
must be addressed to the court which has discretion over the disposition of the case (Republic vs. Sunga)
Objection to the amendment of an information or complaint must be raised at the time the amendment is made; otherwise,
deemed to have consented thereto.
15. Remedies
a. Motion to quash
May be filed after arraignment but before plea on the grounds provided by the rules (generally, a flaw in the info)
If duplicity of offense charged is not raised in trial through a motion to quash info, the right to question it is waived (People
vs. Ocapan)
b. Motion to dismiss
May be filed after plea but before judgment on most of grounds for motion to quash
16. Duplicity of Offense (in information or complaint)
Defined as the joinder of separate and distinct offenses in one and the same information/complaint
Remedy: file a motion to quash; failure is equivalent to a waiver
Exception: when existing laws prescribe a single punishment (complex crimes)
Rule 111 Prosecution of Civil Action
1. General Rule: The injured party may file a civil action independent of the criminal proceeding to recover damages from the
Article 32 is a valid cause of a civil action for damages against public officers who impair the Constitutional rights of citizens
(Aberca vs. Ver)
Even if the private prosecutor participates in the prosecution, if he is not given the chance to prove damages, the offended
party is not barred from filing a separate civil action
2. Civil action for recovery of civil liability impliedly instituted, EXCEPT

Reservation of right to institute separate action


Institution of civil action prior to criminal action

NOTE: Under SC Circular 57-97, all criminal actions for violations of BP Blg. 22 shall be deemed to necessarily include the
corresponding civil action, and no reservation to file such civil action separately shall be allowed or recognized.
San Ildefonso Lines vs. CA past pronouncements of the SC that the requirement in Rule 111 that a reservation be made prior
to the institution of an independent civil action is an unauthorized amendment to substantive law is now no longer
controlling. Far from altering substantive rights, the primary purpose of the reservation requirement is to avoid multiplicity of
suits, to prevent delays, to clear congested dockets, to simplify the work of the trial court, and in short, the attainment of
justice with the least expense and vexation to parties-litigants.
3. Civil action suspended when criminal action filed, EXCEPT

Independent civil action (Arts. 32, 33, 34 and 2176 of NCC)


Prejudicial civil action

Civil case consolidated with criminal action


Civil action not one intended to enforce civil liability arising from the offense (e.g., action for legal separation against a spouse
who committed concubinage)

4. Prejudicial question arises when


The civil action involves an issue similar or intimately related to the issue raised in the criminal action
The resolution of such issue will determine whether the criminal action will proceed or not

Requisites for a prejudicial question:


The civil action involves an issue similar or intimately related to the issue raised in the criminal action: and
The resolution of such issue determines whether or not the criminal action may proceed

Petition for suspension of criminal action is to be filed at any time before prosecution rests.
5. Remedies
a. Reservation of right to institute separate civil proceedings to recover civil liability arising from crime
Must be made before prosecution presents evidence
Action instituted only after final judgment in criminal action
b. Petition to suspend the criminal action
May be filed upon existence of a prejudicial question in a pending civil action
Filed at any time before the prosecution rests
6. Extinction of penal action does not carry with it extinction of the civil unless the extinction proceeds from a declaration in a
final judgment that the fact from which the civil might arise did not exist.
Final judgment in civil absolving defendant from civil liability not a bar to criminal action

Filing fees:

Actual or compensatory damages filing fees not required

Moral, temperate and exemplary filing fees required


If alleged, fees must be paid by offended party upon filing of complaint or information
If not alleged, filing fees considered a first lien on the judgment

Rule 112 Preliminary Investigation

1. Preliminary investigation inquiry or proceeding to determine if there is sufficient ground to engender a well-founded belief
that a crime cognizable by the RTC has been committed, and that the respondent is probably guilty thereof, and should be held
for trial
A preliminary investigation is only necessary for an information to be filed with the RTC; complaints may be filed with the MTC
without need of an information, which is merely recommendatory (Tandoc vs. Resultan)
Absence of a preliminary investigation is NOT a ground for a motion to quash the information; an information filed without a
preliminary investigation is defective but not fatal; in its absence, the accused may ask for one; it is the fiscals refusal to
conduct a preliminary investigation when the accused demands one which is a violation of the rights of the accused (Doromal vs.
Sandiganbayan). Court should not dismiss the info, but hold the case in abeyance and either: (1) conduct its own investigation;
or (2) require the fiscal to hold a reinvestigation.
2. GENERAL RULE: The fiscal conducts the preliminary investigation before filing an information with the RTC, EXCEPT where
the accused is lawfully arrested without a warrant and an inquest is conducted.
3. Right to Preliminary Investigation
A personal right and may be waived
Waived by failure to invoke the right prior to or at least at the time of the plea

Who conducts Preliminary Investigation


Provincial or city fiscals and their assistants


Judges of MTC and MCTC

National and regional state prosecutors


Such other officers as may be authorized by law

Duly authorized legal officers of COMELEC

The Ombudsman
The PCGG, in cases of ill-gotten wealth

5. Procedure
a. If conducted prior to arrest

Complainant files complaint with

(a) Provincial or city fiscal

(b) Regional or state prosecutor
(c) MTC or MCTC judge, excluding MTC judge of Metro Manila or chartered cities
(d) Other offices authorized by law

Investigating officer either dismisses complaint or asks by subpoena complainant and respondent to submit affidavits and

If the investigating officer finds prima facie evidence, he prepares an information and a resolution

i.e., if fiscal finds reasonable ground to believe that a crime has been committed and accused is probably guilty thereof
Prima facie evidence is that evidence which, standing alone, unexplained and uncontradicted, would be enough to merit a
conviction of the accused
iv. Otherwise, he recommends the dismissal of the complaint

If the investigating officer is an MTC judge, and he finds that probable cause exists and that there is a need to place the
accused under custody, then he may issue a warrant of arrest
Flores vs. Sumaling What differentiates the present rule from the previous one is that while before, it was mandatory for the
investigating judge to issue a warrant for the arrest of the accused if he found probable cause, the rule now is that the
investigating judges power to order the arrest of the accused is limited to instances in which there is a necessity for placing him
in custody in order not to frustrate the ends of justice. It is therefore error for the investigating judge to order the issuance of
a warrant of arrest solely on his finding of probable cause, without making any finding of a necessity to place the accused in
immediate custody to prevent a frustration of justice.

Investigating officer forwards records to the city fiscal or chief state prosecutor

City fiscal or state prosecutor either dismisses the complaint or files the information in court

Decision prevails over decision of the MTC judge

vii. Records will not form records of the case proper
Court on its own or on motion may order production of record
b. If conducted after warrantless arrest

If accused waives Art. 125, RPC and asks for a preliminary investigation, with the assistance of counsel, then the procedure for
one prior to arrest is followed
Inquest conducted as follows

(a) Fiscal determines the validity of the arrest

(b) Fiscal determines existence of prima facie evidence based on the statements of the complainant, arresting officer and
(c) Fiscal either dismisses the complaint and orders the immediate release of the accused, OR prepares and files an information
While fiscal has quasi-judicial discretion whether or not to file an information, once it is filed with the court, the court
acquires jurisdiction giving it discretion over the disposition of the case and the Sec. of Justice should refrain from entertaining
petitions for review or appeals from the decision of fiscal (Crespo vs. Mogul; Velasquez vs. Undersecretary of Justice)
NOTE: Information may be filed by offended party, peace officer or fiscal without preliminary investigation.
6. Remedies
a. Motion for preliminary investigation
Filed when accused is arrested without warrant
Must be with assistance of counsel and after waiving Art. 125, RPC
b. Motion for preliminary investigation
Filed within 5 days after accused learns an information against him has been filed without a preliminary investigation
c. Motion for re-investigation
d. Appeal to DOJ
Filed upon denial of his motion for a preliminary investigation, on the ground that his rights to due process of law were
violated, ousting the court of jurisdiction

e. Petition for prohibition

Filed with appellate court to stop the criminal proceedings
Ordinarily, injunction will not lie but may be granted in certain cases
When prohibition proper to restrain criminal proceedings:

When strong-arm tactics are used for vindictive purposes (Salonga vs. Cruz-Pano)


When the accused is deprived of his rights

When the statute on which the charge is based is null and void


When it will aid the administration of justice (Tatad vs. Sandiganbayan)

When multiplicity of suits will be avoided (Guingona vs. City Fiscal)

Rule 113 Arrest

1. Arrest taking a person into custody in order that he may be bound to answer for the commission of some offense, made by
an actual restraint of the person or by his submission to custody

General Rule: No person may be arrested without a warrant.

Not all persons detained are arrested; only those detained to answer for an offense.
Invitations are not arrests and are usually not unconstitutional, but in some cases may be taken as commands (Babst vs.
NBI); however, the practice of issuing an invitation to a person who is investigated in connection with an offense he is
suspected to have committed is considered as placing him under custodial investigation. (RA 7438)
Warrants of arrest remain valid until arrest is effected, or the warrant is lifted
Arrest may be made at any time of the day or night
3. Warrantless arrests by a peace officer or a private person
a. When person to be arrested is committing, attempting or has committed an offense
b. When an offense has just been committed and the person making the arrest has personal knowledge that the person to be
arrested committed it
Warrantless arrest anytime for a continuing offense like rebellion, subversion (Umil vs. Ramos)
The continuing crime, not the crime finally charged, needs only be the cause of the arrest (Umil vs. Ramos)
c. When person to be arrested is an escaped detainee (either serving sentence or with case pending)

When a person lawfully arrested escapes

Bondsman, for purpose of surrendering the accused


Accused attempts to leave country without court permission

4. Procedure
a. With warrant

Complainant files application with affidavits attached


Judge conducts ex parte preliminary examination to determine probable cause

In determining probable cause, judge must:

(1) Personally examine witness

(2) Witness must be under oath
(3) Examination must be reduced to writing (Luna vs. Plaza)
In determining probable cause, the judge may rely on findings by responsible officer (Lim vs. Felix)
iii. Judge issues warrant of arrest
If without preliminary examination, considered irregular (Bagcal vs. Villaraza)
iv. If peace officer is unable to serve warrant 10 days after issuance, he must file a report and explanation with judge within 10
v. If warrant served
(1) Person informed that he is being arrested
(2) Informed of cause of his arrest
(3) Officer may break door or window if admission to building is refused
(4) Person physically restrained
For private citizens making an arrest
May not do so except to do some service to humanity or justice
(5) No violence or unnecessary force may be used
(6) Officer may summon assistance
(7) Person who escapes after arrest may be immediately pursued

Person arrested is brought to nearest police station or jail

b. Without warrant:

Person is arrested

Person arrested may waive right to Art. 125, RPC and ask for preliminary investigation or inquest

Fiscal is not judicial authority contemplated under Art. 125 (Sayo vs. Chief of Police)


Fiscal files info

Requisites for a warrant of arrest:


Probable cause
Signed by judge


Specifically naming or particularly and sufficiently describing person to be arrested

John Doe warrants are void for being general warrants (Pangandaman vs. Cesar)
6. Remedies
a. Petition for writ of habeas corpus

Filed with any court, to effect immediate release of the person detained
Filed when a person is being illegally detained (without judicial process), or was illegally arrested (void warrant or unlawful
warrantless arrest, or warrantless arrest beyond period with no information filed)
Habeas corpus is not allowed when:

The person is in custody of an officer under process of law, and


The court had jurisdiction to issue the process (Luna vs. Plaza)

If an arrest is improper, the remedy is a motion for quashal of the warrant of arrest and/or a motion to quash the information,
not habeas corpus (Ilagan vs. Enrile)
Habeas corpus is no longer available after an information has been filed, the information being the judicial process required by
law (Ilagan vs. Enrile)
Habeas corpus is proper when a person is being restrained illegally, e.g., imprisoned past maximum penalty allowed by law
(Gumabon vs. Director of Prisons)
b. Quashal of warrant of arrest
Filed with court which issued the warrant of arrest when the warrant of arrest is fatally flawed
c. Motion to quash information
Filed with court when information against the person arrested has been filed
Must be made in a special appearance before the court questioning only its lack of jurisdiction over the person of the
Otherwise, the voluntary appearance of the person arrested by filing a motion before the court would be deemed a submission
to the authority of the court, thus granting it whatever jurisdiction it lacked over the person
Any irregularity in the arrest is cured when the petitioner submits himself to the jurisdiction of the court, e.g., by filing for
bail (Bagcal vs. Villaraza)
7. V.V. Mendoza, Rights to Counsel in Custodial Investigation
Evolution of rights of the accused under custodial investigation

All involuntary confession were inadmissible; accused had to prove involuntariness


Involuntary confessions were inadmissible only if they were false

Revert to exclusionary rule: any involuntary confession is inadmissible

Miranda rule: the accused must be informed of his rights

To remain silent

Against self-incrimination
To counsel


Definition of custodial investigation questioned

It begins only after arrest


Police investigations prior to arrest are not covered

The rights may be waived, but the rights to be informed of these rights,i.e., to


warning, may not be waived

Warning must not only be said, officer must make sure the person arrested


understands them specifically

Present rules

Voluntary confessions are admissible

Test of voluntariness determined on a case-to-case basis


Waiver of rights must not only be with counsel but must be in writing

Confessions made without assistance of counsel are inadmissible as evidence to incriminate the accused, but they may be used
to impeach the credibility of the accused, or they may be treated as verbal admission of the accused through the testimony of
the witnesses (People vs. Molas)
Rule 114 Bail
1. Bail security given for the release of a person in custody of law, furnished by him or a bondsman, conditioned upon his
appearance before any court as required under the following conditions:

Undertaking effective upon approval and remains in force at all stages until promulgation of judgment, unless sooner cancelled


Accused shall appear before court when required

Failure to appear despite notice to him or the bondsman will waive his right to be present and trial shall proceed in absentia


Bondsman shall surrender accused for execution of judgment

Bail applies to all persons detained, not just to those charged with the offense (Herras vs. Teehankee)
Court has power to prohibit person out on bail from leaving the country (Manotoc, Jr. vs. CA)
Bail implies delivery of the accused to the sureties who, though not holding him prisoner, may seize him and imprison him until
they can deliver him to court (US vs. Bonoan)
2. General Rule: All persons are entitled to bail as a matter of right, except those charged with capital offenses.
Right to bail traditionally unavailable to military personnel facing court martial, who are not in the same class as civilians
(Comendador vs. de Villa)
Bail should be available regardless of other circumstances or the merits of the case, if the health or the life of the detainee is
in danger (Dela Rama vs. Peoples Court)
Excessive bail is tantamount to denial of bail, which is unconstitutional (Dela Camara vs. Enage)
3. When bail is a matter of right
Before or after conviction by MTC, MCTC, MJC
Before conviction by the RTC of an offense not punishable by death, reclusion perpetua or life imprisonment

When bail is discretionary (application filed with court where case is pending)

Upon conviction by RTC of an offense not punishable by death, reclusion perpetua or life imprisonment


Provisional liberty under same circs. but during period to appeal subject to consent of bondsman
In case he has applied for probation after final judgment, he may be allowed temporary liberty under his bail or recognizance

5. Procedure

Offense charged is not capital:


Accused applies for bail

(1) Where information against him was filed or where case is pending
(2) Absent (1), in another branch of the same court within the province or city where he is held
(3) If arrested in another province, city or municipality, file with the RTC
(4) Absent (3), with the MTC

Judge sets bail

Accused may move to reduce bail, and hearing will be set

Accused posts bail and deposits the same with the Municipal/City/Provincial Treasurer or, if cash, with the Collector
of Internal Revenue
Accused is released

b. Offense charged is capital:


Accused petitions for bail


Judge sets hearing to determine whether evidence of guilt is strong

Ex-parte hearing on bail is arbitrary and unacceptable (Herras vs. Teehankee)


Prosecution presents evidence


Court may not force fiscal to produce evidence (Herras vs. Teehankee)
If evidence is strong, bail is denied

Otherwise, judge sets bail and procedure for non-capital offense is followed

In capital crimes, judges discretion is limited to determining strength of evidence and does not cover determining whether
bail should be allowed (Herras vs. Teehankee)
Evidence must be strong that the accused is guilty of the capital offense charged, not just of any offense (Bernardez vs. Valera)

Bail bond an obligation under seal given by accused with one or more sureties and made payable to proper officer with

the condition to be void upon performance by the accused of such acts as he may legally be required to perform
7. Recognizance

Obligation of record entered into before some court of magistrate duly authorized to take it, with the condition to do some
particular act, the most usual condition in criminal cases being the appearance of the accused for trial
Does not require signature of accused for trial
Does not require signature of accused to be valid

8. Prosecution witnesses may be required to post bail to ensure their appearance at the trial,except:

Substitution of info (see R110, 14)


Court believes that material witness may not appear at the trial

9. When bail required under RA 6036 (violation of ordinance, light felony, criminal offense not higher that 6 month
imprisonment and/or P2000 fine, or both)



Confessed to commission of offense unless repudiated (force and intimidation)

Previously escaped, evaded sentence or jumped bail


Violation of Sec. 2 (fails to report to clerk of court periodically under his recognizance)
Recidivist, habitual delinquent previously convicted for an offense to which the law or ordinance attaches an equal or greater


Caught in flagrante

penalty or for 2 or more offenses to which it attaches a lighter penalty

Committed offense while on parole or under conditional pardon
Previously pardoned by municipal or city mayor for violation of ordinance for at least 2 times

10. Instances when accused may be released on recognizance:


Offense charged is a violation of an ordinance, a light felony or criminal offense the imposable penalty to which does not


exceed 6 months and or P2000 fine

Person has been in custody for a period equal to or more than the minimum of the imposable principal penalty, without


application of the Indeterminate Sentence Law or any modifying circumstance

Accused has applied for probation and before the same has been resolved, but NO BAIL was filed or accused is incapable of


filing one
Youthful offender held for physical and mental examination, trial or appeal, if unable to furnish bail

11. Cancellation of bail

a. Upon application with the court and due notice to the fiscal

Accused surrenders back to custody

Accused dies

b. Automatic cancellation

Case is dismissed


Accused is acquitted


Accused is convicted and surrenders for execution of judgment

12. When bail cancelled or denied: after RTC imposes imprisonment exceeding 6 years, but not more than 20 years, and:

Accused is a recidivist, quasi-recidivist, habitual delinquent or guilty of the aggravating circumstance of reiteration;


Provisionally escaped, evaded sentence, violated provisions of bail;

Committed offense while on probation, parole, or conditional pardon;


Probability of flight; or
Undue risk that during appeal, he may commit another crime

13. When bail is forfeited

a. Accused fails to appear before court when required
30 days for bondsman to show cause why judgment should not be rendered against him
b. Bondsman fails to produce him within 30 days
c. Bondsman fails to satisfactorily explain to the court why accused did not appear when first required to do so
Sureties guarantee only appearance of the accused, not his conduct (US vs. Bonoan)
Sureties exonerated if appearance made impossible by an act of God, the obligee or the law (US vs. Bonoan)
14. Provisional forfeiture

Within 30 days, produce the body or give reason for non-production AND
Explain satisfactorily the absence of the accused when first required to appear

15. Remedies

Application for bail, when bail can be availed of as a matter of right

Petition for bail, when the offense charged is a capital offense

For judge to set hearing for the determination of strength of evidence of guilt
16. Circumstances to be considered in fixing amount of bail:

Financial ability of accused to give bail;

Nature and circumstances of offense;


Penalty of offense charged;

Character and reputation of accused;


Age and health of accused

Weight of evidence against accused


Probability of accused appearing for trial;

Forfeiture of other bonds;


Fact that accused was a fugitive from justice when arrested; and
Pendency of other cases in which the accused is under bond

17. Notes:

Posting bail waives the right to question any irregularity attending the arrest of a person (Callanta vs. Villanueva). However,
this does not result in waiver of the inadmissibility of the articles seized incidentally to such illegal arrest.


Accused waived the right to question any irregularity in the conduct of the preliminary investigation when he failed to do so
before entering his plea (People vs. Dela Cerna)


Accused out on bail may be re-arrested if he attempts to depart from the Philippines without prior court permission
(warrantless arrest allowed).

Rule 115 Rights of Accused

1. Right of the accused under the Rules
a. To be presumed innocent until proven guilty beyond reasonable doubt
In an appeal from a conviction, the accused shall again be presumed innocent until and unless his conviction is affirmed
(Castillo vs. Felix)
b. To be informed of the nature and cause of charges
The right must be substantially complied with; arraignment and later proceedings must be in a language the accused
understands (People vs. Crisologo)
c. To be present at every stage of proceedings, subject to waiver by bail
If an accused escapes, he waives this right and merits a trial in absentia; the accused forfeits his rights to be notified of
proceedings in the future and to adduce evidence in his behalf (People vs. Salas)

To testify as witness on his own behalf, subject to cross-examination on matters covered by direct examination; not to be
prejudiced by his silence
Not to be compelled to be a witness against himself
To confront and examine the witnesses against him, including the right to use in evidence testimony of a witness
Who is deceased, out of or cannot with due diligence be found in the RP

Given in another proceeding

With the same parties


Same subject matter

Opportunity to cross-examine

Prosecution has no privilege to withhold the identity of informers when such informer was crucial in the operation itself;
failure to present the informer is a denial of the right to confront the witness which merits the reversal of the conviction (People
vs. Bagano)
g. To have compulsory process to secure witnesses and evidence in his behalf
h. To have a speedy, impartial and public trial
Unreasonable postponements of trial amounts to a denial of the right to a speedy trial, entitling the accused to mandamus to
compel dismissal of the case, or to habeas corpus if he is detained

To have the right of appeal

2. Rights of the accused under the Constitution

a. To due process
b. Against self-incrimination
Right is limited to testimonies; ocular inspection of the body may be allowed (Villaflor vs. Summers)
Being informed of rights means a meaningful transmission of information, without which confession made by the accused is
inadmissible (People vs. Nicandro)
Confessions obtained through coercion are inadmissible (People vs. Opida)
Right against self-incrimination and to counsel do not apply during custodial investigation (People vs. Ayson)

During trial, the right against self-incrimination takes the following form:

Accused may refuse to testify


If he testifies, he may refuse to answer those questions which may incriminate him in ANOTHER offense

c. Against double jeopardy

d. To be heard by himself and counsel
3. Double jeopardy

First jeopardy must have attached prior to the first


First jeopardy attached and terminated

Valid complaint or information



Competent court with jurisdiction

Accused had pleaded


Action ended in conviction, acquittal or termination without the consent of the accused

Offense charged in later case is:


Same as that in previous case


Necessarily includes or is included in the previous case

An attempt or frustration of the offense in previous case

An offense lesser than that charged to which the accused pleaded guilty with the consent of the fiscal and
the offended party

4. Exceptions to double jeopardy


The offense was made graver by supervening events

The facts constituting the graver offense were only discovered after the filing of the earlier information

No double jeopardy if the new fact which justified the new charge arose only after arraignment and conviction (People vs.
City Court)
No double jeopardy where the trial was a sham since there was no competent court (Galman vs. Sandiganbayan)
No double jeopardy if first case was dismissed with consent of the accused (Caes vs. IAC)
There is double jeopardy if a person is charged twice under different penal statutes for the same acts (People vs. Relova)
c. Plea of guilty to a lesser offense without the consent of the fiscal and the offended party
5. Remedies

Motion to quash
Motion to dismiss

Both filed on the ground of violation of accuseds rights, thereby ousting the court of jurisdiction
Constitution, Art. III, Sec. 1
No person shall be deprived of life, liberty or property without due process of law, nor shall any person be denied the equal
protection of the laws.
Constitution, Art. III, Sec. 14


No person shall be held to answer for a criminal offense without due process of law.
In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to
be informed of the nature and cause of the accusations against him, to have a speedy, impartial and public trial, to meet the
witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in
his behalf.

However, after arraignment, trial may proceed notwithstanding the absence of the accused provided that he has been duly
notified and that his failure to appear is unjustifiable.
Constitution, Art. III, Sec. 16
All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies.
Constitution, Art. III, Sec. 17
No person shall be compelled to be a witness against himself.
Constitution, Art. III, Sec. 21
No person shall be twice put in jeopardy of punishment for the same offense.
If an act is punished by a law or ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for
the same act.
Rule 116 Arraignment and Plea
1. Procedure

Court informs accused of his right to counsel and asks him if he wants one
Court appoints counsel de oficio if accused has none

If no such member of the available, any person who is a resident of the province, of good repute for probity and ability to
defend accused
c. Court gives counsel time to confer with accused at least an hour before arraignment
Period allowed for counsel de oficio to confer with accused must be substantially complied with; if not, case may be remanded
for re-arraignment (People vs. Gonzaga)

Accused given a copy of the information, which is read to him in a language he understands
Accused is asked whether he pleads guilty or not guilty


Accused files a motion to quash or makes plea

Accused personally makes his plea


Plea is entered into record

If accused makes plea of not guilty, counsel has at least 2 days to prepare for trial

People vs. Agbayani the right for 2 days to prepare must be expressly demanded. Only when so demanded does denial
thereof constitute reversible error and ground for new trial. Further, such right may be waived, expressly or impliedly.
NOTE, HOWEVER, under SC Circular 38-98 (implementing Speedy Trial Act of 1997), accused must be given at least 15 days to
prepare for trial, which shall commence within 30 days from receipt of Pre-Trial Order.

Case proceeds to pre-trial, trial or hearing, depending on the plea

Statement in the judgment that the accused was arraigned and pleaded is sufficient; the manner of statement of such fact is
immaterial (People vs. Cariaga)

2. Kinds of plea

No plea a plea of not guilty shall be entered


Conditional plea of guilt a plea of not guilty shall be entered

Not guilty case proceeds to trial or pre-trial


Guilty to a lesser offense if fiscal and offended party consents, conviction under offense charged for purposes of double
Info may be amended
Case goes to trial

Even if info is not amended, and even if lesser offense is not included in offense charged, court may still find the
accused guilty of that lesser offense

e. Guilty to a capital offense

Court conducts searching inquiry to determine if accused was aware of the charges, of his plea, and its consequences
Court requires prosecution to present evidence to prove guilt of accused and determine his degree of culpability, and accused
may still establish presence of mitigating circumstances in his favor

Guilty to a non-capital offense

Court receives evidence from the parties to determine penalty to impose

Plea of guilty not necessarily followed by conviction. Upon receipt of exculpatory evidence (if accused pleaded guilty), trial
court should consider the plea withdrawn and in its place, order the plea of not guilty
Plea of guilty waives only defects which may be taken advantage of by motion to quash or by plea in abatement; cannot cure
jurisdictional defects.
3. Effects
a. Entry of plea will waive

Right to question illegality of the arrest

Right to question any irregularity in the preliminary investigation


Right to file a motion to quash

b. Improvident plea of guilty may be changed to not guilty any time before judgment is rendered
c. A plea of not guilty may not be changed to guilty, as doing so would only spare the prosecution of presenting evidence and
still result in the conviction of the accused.
4. Remedies
a. Motion for specification
May be filed any time before plea, even after a MTQ
Filed when the information is insufficient in form or is generally worded, that a Bill of Particulars is necessary to clarify the
acts for which the accused is being charged
b. Motion to quash
May be filed at anytime before plea is entered

Based on grounds provided by the rules

c. Motion to suspend arraignment
Filed when the accused seems mentally unsound or if there is a prejudicial question in a pending civil case
d. Motion to withdraw an improvident plea of guilt
May be filed at any time before judgment of conviction becomes final, when it can be shown that the accused was not aware
of the significance of pleading guilty to the charges
Rule 117 Motion to Quash

Motion to quash a hypothetical admission that even if all the facts alleged were true, the accused still cannot be

convicted due to other reasons

2. When to file Motion to Quash
General Rule: Before entering plea; all grounds not raised deemed waived
Exception: The following grounds may be used in MTQ even after plea

No offense charged


Lack of jurisdiction over the offense charged

Extinction of the offense or of the penalty


Double jeopardy

3. Grounds
a. Information does not conform to prescribed form
For the info to charge a complex crime, it is not necessary that it be defined by law, only that it alleges that one offense was
necessary to commit the other (People vs. Alagao)
b. Court has no jurisdiction

No territorial jurisdiction
No jurisdiction over offense charged may be raised at any time; no waiver considered even upon failure to move to quash
on such ground
No jurisdiction over person of the accused

The court gained jurisdiction over the person of the accused when he voluntarily appeared for the pre-suspension hearing
(Layosa vs. Rodriguez)
c. Accused would be put in double jeopardy
Bars another prosecution
No waiver
No double jeopardy if first case was dismissed with the consent of the accused (Que vs. Cosico), unless ground for dismissal is:
(a) denial of right to speedy trial; or (b) insufficiency of evidence.
If the first case was dismissed due to a deficient information, then there was no valid information and there could be no
double jeopardy (Caniza vs. People)
Cudia vs CA it should be the Provincial Prosecutor of Pampanga, not the City Prosecutor, who should prepare informations for
offenses committed within Pampanga but outside Angeles City. An information must be prepared and presented by the
prosecuting attorney or someone authorized by law. If not, the court does not acquire jurisdiction. Although failure to file a

motion to quash the information is a waiver of all objections to it insofar as formal objections to pleadings are concerned,
questions relating to want of jurisdiction may be raised at any stage of the proceedings. Moreover, since the complaint or
information was insufficient because it was so defective in form or substance that conviction upon it could not have been
sustained, its dismissal without the consent of the accused cannot be pleaded as prior jeopardy, and will not be a bar to a second
d. More than one offense was charged, EXCEPT where law prescribes single punishment for various offenses
e. Facts alleged do not constitute an offense
May be raised at any time
No waiver
For charge to be complete, it is necessary to state that it was exempted from any amnesty existing at the time

Criminal action or liability has been extinguished

g. Information contains allegations which, if true, would be a legal excuse or justification

h. Officer who filed the information had no authority
Presentation of evidence cannot cure an invalid information (People vs. Asuncion)
NOTE: Court will consider no other grounds other than those raised, EXCEPT lack of jurisdiction over offense charged.
4. Requisites of Double jeopardy
a. Valid information or complaint, sufficient in form and substance
b. Before court of competent jurisdiction
Doctrine of Jurisdiction by Estoppel: depends upon whether the lower court actually had jurisdiction or not. If it had no
jurisdiction, but the case was tried and decided upon the theory that it had jurisdiction, the parties are not barred on appeal,
from assailing such jurisdiction, for the same must exist as a matter of law, and may not be conferred by consent of the parties
or by estoppel. However, if the lower court had jurisdiction, and the case was heard and decided upon a given theory, such, for
instance, as that the court had no jurisdiction, the party who induced it to adopt such theory will not be permitted, on appeal,
to assume an inconsistent position that the lower court had jurisdiction. Here, the principle of estoppel applies. The rule that
jurisdiction is conferred by law, and does not depend upon the will of the parties, has no bearing thereon.
c. Accused had pleaded
d. Conviction, acquittal, or dismissal or termination of case without consent of accused
e. Bar to offense charged, attempt to commit the same or necessarily includes or is necessarily included
Conviction for physical injuries through reckless imprudence constitutes double jeopardy to the charge of damage to property
through reckless imprudence.
5. Procedure

MTQ filed


If based on defect in info which can be cured, court shall order its amendment
Quashing the info shall NOT be a bar to subsequent prosecution (accused has not pleaded yet), EXCEPT when the ground is:


Double jeopardy OR


Extinction of criminal liability

6. Remedies

Motion to dismiss if certain grounds were not raised or denied in a MTQ



If there was really no basis for the info, then such could be proved in the trial
Upon denial of a MTQ, the proper remedy is to go on trial and later to appeal, if necessary; mandamus or certiorari will only
be granted if there is not other plain, simple and adequate remedy
7. Failure to move to quash or to allege any ground therefor deemed a waiver of such grounds, except:

Failure to charge an offense


Lack of jurisdiction over the offense charged

Extinction of the offense or of the penalty


Double jeopardy

Rule 118 Pre-Trial

1. Plea bargaining process whereby the accused and the prosecution in a criminal case work out a mutually satisfactory
disposition of the case subject to court approval. It usually involves the defendants pleading guilty to a lesser offense or to only
some of the counts of a multi-count indictment in return for a lighter sentence than that for the greater charge.
Under Speedy Trial Act of 1997, in all criminal cases cognizable by the MTC, MCTC, MeTC, RTC and Sandiganbayan, pretrial is
Under SC Circular 38-98, implementing the Speedy Trial Act of 1997, an accused may plea guilty to a lesser offense only if
said offense is necessarily included in the offense charged.
2. Stipulation of facts
Facts which both parties and respective counsels agree on as evidenced by their signatures; these facts need not be proved by
evidence in trial
Stipulation is inadmissible if unsigned by either accused or counsel; a later memo of confirmation, signed only by counsel,
cannot cure defect (Fule vs. CA)
3. Pre-trial order binds the parties, limits the trial to matters not yet disposed of, and controls the course of action during the
4. Procedure

Judge must calendar pre-trial


Either party may waive the pre-trial

If court appoints counsel de oficio, counsel has at least 2 days to prepare


In the pre-trial conference

Plea bargaining


Stipulation of facts
Marking of evidence (does not imply conceding to its admissibility or credibility)


Waiver of objections to admissibility of evidence

Other matters which will promote a fair and expeditious trial

e. Judge issues pre-trial order

Rule 119 Trial

1. In trial, the defense tries


To assail the admissibility of evidence which prove the elements of the offense charged


To assail the credibility of such evidence

To prove another version, possibly admitting certain evidence of the prosecution and adding other evidence to cast reasonable

Even in summary procedure, the judge cannot base his decision simply on affidavits; he must give the defendant the chance to
cross-examine (Combate vs. San Jose)
2. Procedure
a. Parties notified of date of trial 2 days before trial date (R119, 1)
HOWEVER, under SC Circular 38-98, accused must be given at least 15 days to prepare for trial, which shall commence within
30 days from receipt of Pre-Trial Order.

Accused may move that his witnesses be examined


Defense witnesses examined by any judge or lawyer

Prosecution witnesses, if they would be unable to attend trial, may be examined by the judge handling the case


Trial continues from day to day, unless postponed for a just cause
Prosecution presents evidence

Testimonies: direct examination

Accused may move for discharge

Prosecution rests


Defense may, with or without leave of court, file a demurrer to evidence

Defense presents evidence


Defense rests
Prosecution presents rebuttal evidence


Defense presents rebuttal evidence

Trial is closed; case is submitted for judgment

3. When mistake made in charging proper offense


If Accused cannot be convicted of offense charged or offense necessarily included therein

Accused detained, not discharged


Original case dismissed upon filing of proper information

Example: Charged with theft. At trial, appears that offense is estafa. The prosecution can ask for the dismissal of the info in
order to file a new one for estafa. No Double Jeopardy because no valid info in the first case.
4. Application for examination of witnesses for accused before trial



Sick or infirm; unable to attend trial


Resides more than 100 km. from means of trial; no means to attend

Application (prosecution)


Sick or infirm


Has to leave the RP with indefinite date of returning

6. Requisites for postponement due to absence of a witness


Witness is really material and appears to the court to be so


Party who applies for postponement has not been guilty of neglect
Witness can be had at the time to which the trial has been deferred


No similar evidence could be obtained

7. Requisites to discharge of an accused as State Witness


Testimony of accused absolutely needed


No other direct evidence available EXCEPT his testimony

Testimony can be corroborated on material points


Accused does not appear to be most guilty

Accused has never been convicted of offense involving moral turpitude

Discharge of accused, when not all the requisites were met, cannot be revoked as long as he testified according to what was
expected of him (People vs. Aninon)
8. Remedies
a. Motion for separate trials
Filed by the fiscal to try several accused separately
Granted at the courts discretion
May also be ordered by the court motu proprio
b. Motion to consolidate
Upon the courts discretion, separate charges may be tried in one single case if the offenses charged arise form the same facts
or form part of a series of similar offenses
Court allowed consolidation of rape cases substantially committed in the same manner (People vs. David)
c. Motion for continuance filed to postpone trial for just cause
d. Motion to exclude public
Excluding parties, counsels and court personnel
May also be ordered by court motu proprio
e. Motion for discharge
Filed before the prosecution rests
Hearing to determine existence of requisites for discharge
Prosecution will present evidence and the sworn statement of the proposed state witness

Evidence adduced in this said hearing automatically form part of trial; however, if court denies motion for discharge, his sworn
statement shall be inadmissible in evidence.
Discharge of the accused has the effect of acquittal, unless accused fails or refuses to testify against his co-accused in
accordance with his statement (which formed the basis for his discharge)

Demurrer to evidence

May be made after the prosecution rests its case

If the court finds the prosecutions evidence insufficient, the case will be dismissed
Otherwise, if demurrer denied

If the demurrer was made with leave of court, defense gets to present evidence
If the demurrer was made without leave of court, defense is deemed to have waived the right to present evidence and the case
is submitted for judgment

Case may also be dismissed motu proprio

g. Motion to reopen
Filed after the case is submitted for judgment but before judgment is actually rendered
To allow either side to present additional evidence, if such could not be found before
Granted on discretion of the judge
The accused cannot move to reopen the case to allow him to adduce evidence in his behalf when his failure to adduce them
during the trial was his own fault (People vs. Cruz)
Rule 120 Judgment
1. Judgment adjudication by the court that the accused is guilty or not guilty of the offense charged, and the imposition of the
proper penalty and civil liability provided by law on the accused
2. General Rule: If the accused is found not guilty, he will be acquitted and the acquittal immediately becomes final and
executory. If the accused is found guilty, penalty and civil liability will be imposed on him.
3. Accused may be convicted of

The offense charged

A lesser offense necessarily included in the offense charged

Accused cannot be convicted for an offense graver than that charged (People vs. Guevarra)
4. Contents

Written in official language

Personally prepared and signed by the judge


Contains facts proved

Contains law upon which judgment is based

In case of conviction, judgment must state:


Legal qualification of offense and aggravating and mitigating circumstances

Level of participation


Penalty imposed
Civil liability for damages, unless right to separate civil action has been reserved

In case of acquittal, judgment must state:


Civil liability for damages, unless acts alleged clearly did not exist


Basis of liability

5. Procedure

Judge reads judgment in presence of accused


If judgment is of acquittal
It becomes final and executory


It bars subsequent prosecution for the same offense

c. If judgment is of conviction, remedy is to file:


Motion for reconsideration


Motion for new trial

Notice of appeal

Or else, judgment becomes final and is entered in the book of Judgments


When judgment in a criminal case becomes final:


After lapse of period for perfecting an appeal; or

When sentence partially or totally satisfied or served; or
Accused has expressly waived in writing his right to appeal, EXCEPT in cases of automatic review where death penalty is
Accused has applied for probation

7. Only a judgment in conviction can be modified or set aside


Before judgment had been final (otherwise double jeopardy);


Before appeal had been perfected; or

To correct clerical errors in the judgment

8. Remedies
a. Appeal
Filed within 15 days of promulgation of judgment
Period is interrupted by filing of a motion for new trial or reconsideration
On motion of accused or at its own instance with consent of the accused
b. Motion for reconsideration
Filed when there are errors of law or fact in the judgment
Shall require no further proceedings
Notice should be given to the fiscal
c. Motion for new trial
Notice should be given to the fiscal

Filed on the following grounds:


Error of law or irregularities have been made during trial which are prejudicial to the substantial rights of the accused

ii. New evidence has been found which could not have been found before and which could change the judgment
9. Procedure for new trial

Hearing shall be set and held

All evidence not alleged to be in error shall stand


New evidence will be introduced

Old judgment may be set aside and a new one rendered

10. Notes:
Suspension of sentence for youthful offenders after conviction, minor is committed to custody and care of DSWD or any
training institution until reaches 21 years of age, or a shorter period
Probation disposition under which a defendant after conviction and sentences, is released subject to conditions imposed by
the court and to the supervision of a probation officer
Parole the conditional release of an offender from a penal or correctional institution after he has served the minimum period
of his prison sentence under the continued custody of the state and under conditions that permit his reincarceration if he
violated the conditions of his release
Rule 121 New Trial or Reconsideration
1. Reopening of the case

Made by the court before judgment is rendered in the exercise of sound discretion
Does not require consent of accused


May be made at the instance of either party who can thereafter present additional evidence

2. Motion for new trial



Filed after judgment is rendered but before the finality thereof


At the instance or with the consent of the accused

The prosecution can move only for the reconsideration of the judgment but cannot present additional evidence

Motion for New Trial is denied if:


Only impeaching evidence is sought to be introduced as the court had already passed upon issue of credibility
Only corroborative evidence is offered


Prisoner admits commission of crime with which accused is charged (facility with which such confession can be obtained and


Alleged new evidence is inherently improbable and could easily be concocted

Alleged new evidence consists of recantations of prosecution witness, due to unreliability of such recantations, EXCEPT if no
other evidence to sustain conviction aside from recanted testimony

4. New Trial vs. Reconsideration

Motion for recon is based on the grounds of errors of law in the judgment is court is not asked to reopen the case for further
proceedings, but to reconsider its findings or conclusions of law and make them conformable to the law applicable to the case on
the judgment the court has to render anew.
5. New Trial vs. Modification of Judgment

In New Trial, irregularities are expunged from the record and/or new evidence is introduced. In modification of judgment, no
new hearings or proceedings of any kind or change in the record or evidence. A simple modification is made on the basis of what
is on the record.
6. New Trial vs. Reopening of the Case
New trial presupposes that existence of a judgment to be set aside upon the granting of a new trial
In reopening, no judgment has yet been rendered, although the hearing may have already been closed
7. Motion for Reconsideration
Grounds are errors of law or fact in judgment, which require no further proceedings.
8. Effects of Granting Motion for New Trial or Reconsideration
a. Based on error of law or irregularities during trial:
Proceedings and evidence not affected by irregularities stand, and those affected are set aside. Court may allow introduction
of new evidence
b. Based on newly discovered evidence:
Evidence already taken shall stand; new evidence taken with the old
Rule 122 Appeal
1. Procedure
a. Filed with RTC, if original case was with MTC
Notice served to lower court and to adverse party
b. Filed with the CA or SC, if original case was with RTC

With CA: notice of appeal with court, and with copy on adverse party

If CA is of opinion that penalty should be reclusion perpetua or higher, it shall render judgment imposing said penalty, but
refrain from entering judgment and then certify the case and the entire record thereof to the SC for review (R124, 13)
CA may reverse, affirm, or modify judgment of RTC, or remand case for new trial or re-trial, or dismiss the case
If RTC decided case in appellate jurisdiction: Petition for Review

With SC: notice of appeal where penalty imposed is life imprisonment, or lesser penalty involving offenses committed on the

same occasion, or arising out of same occurrence where graver penalty of death is available but life imprisonment is imposed; all
other cases, by petition for review on certiorari
If death penalty, automatic review
iii. Withdrawal of appeal
May be made at any time before judgment on the appeal is rendered

Lower court judgment becomes final

Case remanded for execution of judgment
Once notice of appeal is filed, cannot be validly withdrawn to give way for a Motion for Recon or a Motion for New Trial, since
the filing of the notice perfected the appeal, and the trial court loses its power to modify or set aside the judgment. The only
valid withdrawal of an appeal is where the accused decides to serve his sentence.
2. Effect of appeal by any of several accused

Shall not affect those who did not appeal, EXCEPT if favorable and applicable to them


Civil appeal by offended party shall not affect criminal aspect of judgment
Execution of judgment on appellant will be stayed upon perfection of appeal

3. When appeal by prosecution from order of dismissal of criminal case will not result in double jeopardy

Dismissal made upon motion or with express consent of the accused

Dismissal is not an acquittal nor based upon consideration of the evidence or merits of the case
Question to be passed upon by the appellate court is purely legal so that if the dismissal is found incorrect, the case has to be
remanded to the court of origin to determine the guilt or innocence of the accused

4. When serving sentence, remedy is to petition for habeas corpus


Filed when the law under which the accused was convicted is repealed or declared unconstitutional
When a later judgment is rendered acquitting others for similar circumstances

Otherwise, equal protection is violated


When penalty is lowered and convict has already served more than the maximum period of the new penalty

Habeas corpus is available when a person is imprisoned beyond the maximum penalty imposed by law (Gumabon vs. Dir. of
NOTE: When dismissal is capricious, certiorari lies and no double jeopardy since validity and not correctness of dismissal is being
Rule 126 Search and Seizure
1. Search warrant an order in writing issued in the name of the People of the Philippines, signed by a judge and directed to a
peace officer, commanding him to search for personal property described therein and bring it before the court
Cannot be issued to look for evidence (Uy Khetin vs. Villareal)
Seizing objects to be used as evidence is equivalent to forcing one to be a witness against himself (Uy Khetin vs. Villareal)
For a warrant to be valid, it must meet the requirements set by law (Burgos vs. Chief of Staff)
Tapping conversations is equivalent to a search and seizure (US vs. Katz)
2. General Rule: No search or seizure can be conducted unless it is authorized by a search warrant. Evidence gathered from an
illegal search and seizure is inadmissible.
Warrantless searches are illegal, unreasonable and unconstitutional (Alvarez vs. CFI)
It is not the police action which is impermissible, but the procedure and unreasonable character by which it is exercised
(Guazon vs. de Villa)
Court gains jurisdiction over items seized by a valid search warrant and returned to it, and such is not an unconstitutional
deprivation of property (Villanueva vs. Querubin)
Evidence from an illegal search may be used as evidence, if no objection is raised (Stonehill vs. Diokno)
Right against unreasonable search and seizure may be waived, but for the waiver to be effective:

The right must exist


Person must be aware of the right

Person clearly shows the intent to relinquish such right

No waiver against unreasonable search and seizure when one compromises the criminal proceedings (Alvarez vs. CFI)
There is no waiver of right when evidence of coercion is present (Roan vs. Gonzales)
3. Requisites of a valid search warrant
a. Issued upon probable cause
Probable cause such facts and circumstances which would lead a reasonably prudent man to believe that a crime has been
committed and the thing to be searched for and seized is in the place to be searched
b. Probable cause is personally determined by the issuing judge
Hence, signed by him
By any RTC, to be served anywhere in the country, for an offense which occurred anywhere in the country (Malaloan vs. CA)
c. Issuing judge personally examined, in the form of searching questions, the appellant and his witness and took down their
written depositions
d. Search warrant particularly describes or identifies the property to be seized
Property which men may lawfully possess may not be the object of a search warrant (Uy Khetin vs. Villareal)
Nature of goods may allow description to be general or not too technical (Alvarez vs. CFI)
e. Particularly describes the place to be searched

It shall issue only for one specific offense

Otherwise, cannot be said to have issued upon probable cause (Asian Surety vs. Herrera)
Absence of specific offense makes impossible determination of probable cause (Stonehill vs. Diokno)
g. Was not issued for more than 10 days prior to a search made pursuant thereto (search warrant becomes void after 10 days)
h. Indicates time, if to be served at night
4. When a search warrant may be said to particularly describe the thing to be seized

Description is as specific as circumstances allow


Expresses a conclusion of fact by which the warrant officer may be guided

Things described are limited to those which bear a direct relation to the offense for which the warrant is issued

5. Procedure
a. Complainant files application, attaches affidavits
Oath requires that the person taking it personally knows the facts of the case (People vs. Sy Juco)
Affidavits submitted must state that the premises is occupied by the person against whom the warrant is issued, that the
objects to be seized are fruits or means of committing a crime, and that they belong to the same person, thus, not affecting
third persons (People vs. Sy Juco)
When complainants knowledge is hearsay, affidavits of witnesses are necessary (Alvarez vs. CFI)
b. Judge conducts ex parte preliminary examination of complainant and witnesses under oath to determine probable cause
Judge must ask probing questions, not just repeat facts in the affidavit (Roan vs. Gonzales)

c. Judge issues search warrant good for 10 days

d. Peace officer in presence of occupant, members of the family OR 2 witnesses of sufficient age and discretion residing in the
same locality
Search may last for more than a day as long as it is part of the same search for the same purpose and of the same place (Uy
Khetin vs. Villareal)
e. Peace officer leaves receipt with occupant at place searched

Peace officer files return of search warrant and inventory, and surrenders items seized to receiving court (not necessarily

court which issued the warrant)

Items seized illegally must remain in custodia legis pending resolution of the case (Roan vs. Gonzales)
6. Remedies from an unlawful search

MTQ the warrant


Motion to suppress as evidence the objects illegally taken

Return of property illegally seized

7. When a search may be validly conducted without a warrant


Without consent of person searched

When the search is incident to a lawful arrest


Personal knowledge of the arresting person (Posadas vs. CA)

Limited to:

(1) Immediate time of arrest

(2) Immediate vicinity of the arrest
(3) Weapons and things which may be used as proof of offense charged (Nolasco vs. Pano)
iii. Subject in an offense which is mala prohibita cannot be summarily seized (Roan vs. Gonzales)
iv. May extend beyond arrestee to include premises and surrounding under his immediate control

Border searches (customs, mail and airport)

Vessels and aircrafts for violation of Tariff and Customs Code, EXCEPT dwelling houses


Plain view
Moving vehicle


Hot pursuit
Stop-and-frisk, reasonable check-points


Private searches with no state action (People vs. Marti)

Inspection of building and premises for enforcement of fire, sanitary and building regulations

8. Person making the arrest may take from the arrestee


Properties used in the commission of the crime

Fruits or proceeds thereof


Property which may furnish the arrestee with a weapon against the arresting person
Property which may be used as evidence at the trial

Constitution, Art. III, Sec. 2

The right of the people to be secure in their persons, papers, houses and effects against unreasonable searches and seizures of
whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon
probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the
witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized.
Constitution, Art. III, Sec. 3

The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public
safety or order requires otherwise as prescribed by law.
Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in the proceeding.

Rule 127 Provisional Remedies in Criminal Cases

1. Attachment as provisional remedy in criminal cases

Accused is about to abscond from RP

Criminal action is based on a claim for money or property embezzled or fraudulently misapplied or converted to the use of the
accused who is a public officer, or any officer of a corporation, or an attorney, factor, broker, agent or clerk in a fiduciary
capacity, in willful violation of duty


Accused has concealed, removed or disposed of his property, or is about to do so

Accused resides outside the RP