Professional Documents
Culture Documents
Criminal Procedure R 110 P O: ULE Rosecution OF Ffenses
Criminal Procedure R 110 P O: ULE Rosecution OF Ffenses
INFORMATION
A sworn statement
ii. Vessel
(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
a. In case of grave abuse of discretion, action for mandamus
b. Lodge a new complaint against the offenders
c. Take up matter with the Secretary of Justice
d. Institute administrative charges against the erring fiscal
e. File criminal charges under Art. 208, RPC (prosecution of offenses)
*
This is the old Criminal Procedure. As of printing time, the coverage for the Bar Exams has not
been released yet, so we included the old Criminal Procedure. The Memory Aid for the 2000
Rules of Criminal Procedure will be in the Annex.
f.
File civil action under Art. 27, NCC for damages (PO refuses or neglects to
perform official duty)
j.
Clearly no prima facie case against the accused and MTQ on that ground had
been denied
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. Molero)
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)
f.
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 information
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.
either
SUBSTITUTION
formal
or
original
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 offender.
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
a. Waiver
b. Reservation of right to institute separate action
c. 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 partieslitigants.
3. Civil action suspended when criminal action filed, EXCEPT
a. Independent civil action (Arts. 32, 33, 34 and 2176 of NCC)
b. Prejudicial civil action
c. Civil case consolidated with criminal action
d. 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)
The civil action involves an issue similar or intimately related to the issue
raised in the criminal action: and
ii. 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
7. Filing fees:
a. Actual or compensatory damages filing fees not required
b. Moral, temperate and exemplary filing fees required
i.
ii. 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 fiscal's 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.
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
When strong-arm tactics are used for vindictive purposes (Salonga vs.
Cruz-Pano)
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)
c. When a person lawfully arrested escapes
d. Bondsman, for purpose of surrendering the accused
e. Accused attempts to leave country without court permission
4. Procedure
a. WITH WARRANT
i.
b. WITHOUT WARRANT:
i.
Person is arrested
ii. 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)
iii. Fiscal files info
5. Requisites for a warrant of arrest:
a. Probable cause
b. Signed by judge
c. 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:
i.
ii. 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 accused
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
a. All involuntary confession were inadmissible; accused had to prove
involuntariness
b. Involuntary confessions were inadmissible only if they were false
c. Revert to exclusionary rule: any involuntary confession is inadmissible
d. Miranda rule: the accused must be informed of his rights
i.
To remain silent
Warning must not only be said, officer must make sure the person arrested
understands them specifically
j.
Present rules
i.
Case is dismissed
Fact that accused was a fugitive from justice when arrested; and
j.
17. Notes:
a. 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.
b. 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)
c. 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)
d. 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
e. Not to be compelled to be a witness against himself
f.
To confront and examine the witnesses against him, including the right to use in
evidence testimony of a witness
i.
5. Remedies
a. Motion to quash
b. Motion to dismiss
Both filed on the ground of violation of accused's rights, thereby ousting the
court of jurisdiction
6. NOTES:
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
a. No person shall be held to answer for a criminal offense without due process of
law.
b. 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
a. Court informs accused of his right to counsel and asks him if he wants one
b. 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)
d. Accused given a copy of the information, which is read to him in a language he
understands
e. Accused is asked whether he pleads guilty or not guilty
f.
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.
j.
2. Kinds of plea
a. No plea a plea of not guilty shall be entered
b. Conditional plea of guilt a plea of not guilty shall be entered
c. Not guilty case proceeds to trial or pre-trial
d. Guilty to a lesser offense if fiscal and offended party consents, conviction under
offense charged for purposes of double jeopardy
i.
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
No territorial jurisdiction
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
f.
Double jeopardy OR
7. Failure to move to quash or to allege any ground therefor deemed a waiver of such
grounds, except:
a. Failure to charge an offense
b. Lack of jurisdiction over the offense charged
c. Extinction of the offense or of the penalty
d. 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 defendant's
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 mandatory.
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 trial
4. Procedure
a. Judge must calendar pre-trial
b. Either party may waive the pre-trial
c. If court appoints counsel de oficio, counsel has at least 2 days to prepare
d. In the pre-trial conference
i.
Plea bargaining
j.
k. Defense rests
l.
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 court's discretion
May also be ordered by the court motu proprio
b. Motion to consolidate
Upon the court's 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)
f.
Demurrer to evidence
May be made after the prosecution rests its case
If the court finds the prosecution's evidence insufficient, the case will be
dismissed
Otherwise, if demurrer denied
i.
If the demurrer was made with leave of court, defense gets to present
evidence
ii. 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
a. The offense charged
b. 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
a. Written in official language
b. Personally prepared and signed by the judge
c. Contains facts proved
d. Contains law upon which judgment is based
In case of conviction, judgment must state:
i.
Civil liability for damages, unless acts alleged clearly did not exist
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
ii. 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
a. Shall not affect those who did not appeal, EXCEPT if favorable and applicable to
them
b. Civil appeal by offended party shall not affect criminal aspect of judgment
c. 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
a. Dismissal made upon motion or with express consent of the accused
b. Dismissal is not an acquittal nor based upon consideration of the evidence or
merits of the case
c. 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
a. Filed when the law under which the accused was convicted is repealed or
declared unconstitutional
b. When a later judgment is rendered acquitting others for similar circumstances
Otherwise, equal protection is violated
c. 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 Prisons)
NOTE: When dismissal is capricious, certiorari lies and no double jeopardy since
validity and not correctness of dismissal is being challenged.
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
a. Description is as specific as circumstances allow
b. Expresses a conclusion of fact by which the warrant officer may be guided
c. 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 complainant's 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
f.
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)
iv. May extend beyond arrestee to include premises and surrounding under his
immediate control
c. Border searches (customs, mail and airport)
d. Vessels and aircrafts for violation of Tariff and Customs Code, EXCEPT dwelling
houses
e. Plain view
f.
Moving vehicle
g. Hot pursuit
h. Stop-and-frisk, reasonable check-points
i.
j.
Inspection of building and premises for enforcement of fire, sanitary and building
regulations