Professional Documents
Culture Documents
Crimpro Notes by Angel PDF
Crimpro Notes by Angel PDF
Page 1 of 120
PRELIMINARY CHAPTER
WHAT IS THE CLASSIFICATION OF LAWS ACCORDING TO
APPLICATION?
Public law: laws that define the relationship between the State
and the individual (e.g Constitution, Revised Penal Code)
1.
2.
3.
4.
MIXED SYSTEM
CRIMINAL PROCEDURE
Remedial or proceduralmethod by
which a person accused of a crime
is arrested, tried and punished
The purpose is to even the odds between the accused and the
machineries of the State
MAY
THE
RULES
OF
CRIMINAL
PROCEDURE
BE
GIVEN
RETROACTIVE EFFECT?
JURISDICTION
Power of the court to decide a case
on the merits
Place of trial
Procedural
Substantive
Power to hear and decide cases of the general class to which the
proceedings in question belong and is conferred by the sovereign
authority which organizes the court and defines its powers
WHAT ARE THE ELEMENTS OF JURISDICTION OVER SUBJECT
MATTER?
1. Nature of the offense
2. Authority of the court to impose the penalty imposable given the
allegation in the information
3. Territorial jurisdiction of the court imposing the penalty
WHICH LAW DETERMINES THE JURISDICTION OF THE COURTTHE
LAW IN FORCE AT THE TIME OF THE COMMISSION OF THE OFFENSE
OR THE ONE IN FORCE AS OF THE TIME WHEN THE ACTION IS
FILED?
General rule: the law as of the time when the action is filed, and
not when the offense was committed
X is wrong
3.
3.
4.
4.
Yes
One who desires to object to the jurisdiction of the court over his
person must appear in court for that purpose only, and if he
raised other questions he waives the objection.
SITUATION: X WAS CHARGED WITH ESTAFA IN MAKATI WHILE HE
IS IN THE US. HE WAS INFORMED ABOUT THIS AND HE MOVED
FOR THE QUASHING OF THE INFORMATION AGAINST HIM.
IS THE PRESENCE OF THE ACCUSED NECESSARY IN ORDER FOR THE
COURT TO ACT ON A MOTION?
The outright dismissal of the case even before the court acquires
jurisdiction over the person of the accused is allowed, except in
applications for bail, in which instance the presence of the accused
is mandatory.
A person who has not questioned the illegality of his arrest can
not do so after a certain period
DOES THE PRINCIPLE OF ESTOPPEL APPLY TO THE STATE?
INSTITUTION
For
offenses
which
require
preliminary
investigation,
the
criminal action is instituted by filing
the complaint for
preliminary
investigation
COMMENCEMENT
Criminal action is commenced when
the complaint or information is filed
in court
Sixty days counted from the time when the Lupon Secretary
certifies that no conciliation or settlement was reached or upon
repudiation of the parties of the agreement
CAN THE OFFENDED PARTY GO DIRECTLY TO COURT TO FILE A
CRIMINAL ACTION?
3.
4.
Prosecutor
Sec. 3. Complaint defined. A complaint is a sworn written
statement charging a person with an offense, subscribed by the
offended party, any peace officer, or other public officer charged
with the enforcement of the law violated.
WHAT IS A COMPLAINT?
1. Sworn written statement
2. Charging a person with an offense
3. Subscribed by the offended party, any peace officer, or public
officer charged with the enforcement of the law
WHO MAY FILE A COMPLAINT?
One to whom the offender is also civilly liable under Article 100 of
the RPC
No, the right to file a criminal action is personal and abates upon
the death of the offended party. It is not transmissible to his
heirs.
If the corporation violates the law, the officer, through whom the
corporation acts, answers criminally for his acts
MAY CRIMINAL PROSECUTIONS BE ENJOINED?
It is a matter of policy
WHAT ARE THE EXCEPTIONS TO THE RULE THAT CRIMINAL
PROSECUTIONS MAY BE ENJOINED?
1. To afford adequate protection to constitutional rights of the
accused
2. When necessary for the orderly administration of justice or to
avoid oppression or multiplicity of actions
3. Where there is a prejudicial question which is sub judice (before a
court or judge for consideration)
4. When the acts of the officer are without or in excess of authority
5. Where the prosecution is under invalid law, ordinance, or
regulation
6. When double jeopardy is clearly apparent
7. Where the court had no jurisdiction over the offense
8. Where is it a case of persecution rather than prosecution
9. Where the charges are manifestly false and motivated by the lust
for vengeance
10. When there is clearly no prima facie case against the accused and
a motion to quash on that ground has been denied
11. Preliminary injunction has been issued by the Supreme Court to
prevent the threatened unlawful arrest of petitioners
IF THE COMPLAINT IS NOT SWORN TO BY THE OFFENDED PARTY,
IS IT VOID?
INFORMATION
Always signed by prosecuting officer
An information is a product of a
complaint
Sec. 5. Who must prosecute criminal actions. All criminal actions
commenced by a complaint or information shall be prosecuted
under the direction and control of the prosecutor. However, in
Municipal Trial Courts or Municipal Circuit Trial Courts when the
prosecutor assigned thereto or to the case is not available, the
offended party, any peace officer, or public officer charged with the
enforcement of the law violated may prosecute the case. This
authority shall cease upon actual intervention of the prosecutor or
upon elevation of the case to the Regional Trial Court.(Read A.M.
NO. 02-2-07-SC [Effective May 01, 2002]
Latest Amendments to Section 5, Rule 110 of the Revised Rules of
Criminal Procedure which provides:
"Section 5. Who must
prosecute criminal action. - All criminal actions either commenced
by complaint or by information shall be prosecuted under the
direction and control of a public prosecutor. In case of heavy work
schedule of the public prosecutor or in the event of lack of public
prosecutors, the private prosecutor may be authorized in writing by
the Chief of the Prosecution Office or the Regional State Prosecutor
to prosecute the case subject to the approval of the court. Once so
authorized to prosecute the criminal action, the private prosecutor
shall continue to prosecute the case up to end of the trial even in
the absence of a public prosecutor, unless the authority is revoked
or otherwise withdrawn. x x x .").
The crimes of adultery and concubinage shall not be prosecuted
except upon a complaint filed by the offended spouse. The offended
party cannot institute criminal prosecution without including the
guilty parties, if both are alive, nor, in any case, if the offended
party has consented to the offense or pardoned the offenders.
The offenses of seduction, abduction and acts of lasciviousness
shall not be prosecuted upon a complaint filed by the offended
party or her parents, grandparents or guardian, nor, in any case, if
the offender has been expressly pardoned by any of them. If the
offended party dies or becomes incapacitated before she can file
the complaint, and she has no known parents, grandparents or
guardian, the State shall initiate the criminal action in her behalf.
The offended party, even if a minor, has the right to initiate the
prosecution of the offenses of seduction, abduction and acts of
No
But before filing of mandamus, the party must first avail himself
of such other remedies such as the filing of a motion for inclusion
Before the filing of the case in court, the prosecution has control
over the followingwhat case to file, if need be; whom to
prosecute; the manner of prosecution; to conduct reinvestigation
Only to give deference to the offended party who may prefer not
to file the case instead of going through a scandal of a public trial
AFTER THE CASE FOR A PRIVATE CRIME IS FILED IN COURT, WHAT
IS THE EFFECT OF PARDON BY THE OFFENDED PARTY?
No. If the offended party is already of age, she has the exclusive
right to file the complaint unless she becomes incapacitated
No, the death of the complainant during the pendency of the case
is not a ground for the extinguishment of criminal liability whether
total or partial
X FILED A SWORN COMPLAINT FOR ACTS OF LASCIVIOUSNESS
BEFORE THE PROSECUTOR. BEFORE THE PROSECUTOR COULD FILE
A CASE IN COURT, X DIED. CAN THE PROSECUTOR STILL FILE THE
INFORMATION IN COURT?
Error in the name of the accused will not nullify the information if
it contains sufficient description of the person of the accused
WHEN SHOULD THE ERROR IN THE NAME OR IDENTITY BE RAISED
BY THE ACCUSED?
The essential elements thereof, just like the offense itself, must be
clearly proven and established
X WAS CHARGED WITH HOMICIDE.
CAN HE POSSIBLY BE
CONVICTED OF MURDER?
The reason is that the recital of facts and not the designation of
the offense that is controlling
IN IMPOSING THE PENALTY FOR THE CRIME OF MURDER THE TRIAL
COURT CONSIDERED THE CIRCUMSTANCE OF THE USE OF AN
UNLICENSED FIREARM AS PROVEN DURING THE TRIAL TO QUALIFY
THE CRIME PURSUANT TO RA 8294, EVEN IF NOT ALLEGED IN THE
INFORMATION. VALID?
No, the two crimes have elements that are different from each
other. To convict X of theft under an information that alleges
Yes. It is the recital of the facts and not the designation of the
offense, which is controlling.
No, while under Article 335 of the RPC amended by RA 7659, the
accused may be sentenced to death if the victim is a minor and
the offender is the parent, ascendant, stepparent, guardian,
relative by consanguinity or affinity within the third civil degree, or
the common-law spouse of the parent of the victim, THE TWIN
REQUISITES OF MINORITY AND RELATIONSHIP MUST BE
ALLEGED AND PROVED TO WARRANT THE IMPOSITION OF THE
DEATH PENALTY
X WAS CHARGED WITH RAPE COMMITTED THROUGH FORCE AND
INTIMIDATION. CAN HE BE CONVICTED OF RAPE WHERE THE
WOMAN
IS
DEPRIVED
OF
REASON
OR
IS
OTHERWISE
UNCONSCIOUS?
(b) If the true name of the person against whom or against whose
property the offense was committed is thereafter disclosed or
ascertained, the court must cause such true name to be inserted in
the complaint or information and the record.
Yes. If the appellant was of the belief that the complaint was
defective, he should have filed a motion for a bill of particulars
with the trial court before his arraignment.
Upon arraignment
Exception: when the law provides only one punishment for the
various offenses (complex and compound crimes under Article 48
of the RPC and special complex crimes)
ARTICLE 48: PENALTY FOR COMPLEX CRIMES
When a single act constitutes two or more grave or less grave
felonies, or when an offense is necessary for committing the other,
the penalty for the most serious crime shall be imposed, the same
to be applied in its maximum period
WHAT IS THE EFFECT OF THE FAILURE OF THE ACCUSED TO OBJECT
TO A DUPLICITOUS INFORMATION?
The law provides only one penalty for the two offenses
X WAS CHARGED WITH BOTH ROBBERY AND ESTAFA IN ONE
INFORMATION. CAN HE BE CONVICTED OF BOTH OFFENSES?
Two informations this timeone for the slight physical injuries and
the other for damage to property
After plea, only FORMAL AMENDMENTS may be made but with the
leave of court and when it can be done without causing prejudice
to the rights of the accused
WHEN CAN A COMPLAINT OR INFORMATION BE SUBSTITUTED?
A complaint or information may be substituted if:
1. At any time before judgment it appears that a mistake has been
made in charging the proper offense, and
2.
3.
WHAT IS A SUBSTITUTION?
or
SUBSTITUTION
Necessarily involves a substantial
change
No, the court will not order the dismissal until the new information
is filed
The information may include wordings that mention that the crime
was committed within the territorial jurisdiction of the court.
2.
3.
4.
CONTINUING OFFENSE:
consummated in one place, yet by
nature of the offense, the violation of the law is deemed
continuing
HOW DO YOU DETERMINE JURISDICTION OVER A CONTINUING
CRIME?
But the court which first acquires jurisdiction excludes the other
courts
WHAT ARE THE RULES ON VENUE IN LIBEL CASES?
1. General rule: criminal action for libel may be filed with the RTC of
the province or city where the libelous article is printed and first
published
2. If the offended party is a private individual, the criminal action
may also be filed in the RTC of the province where he actually
resided at the time of the commission of the offense
3. If the offended party is a public officer whose office is in Manila at
the time of the commission of the offense, the criminal action may
be filed in the RTC of Manila
4. If the offended party is a public officer whose office is outside
Manila, the action may be filed in the RTC of the province or city
where he held office at the time of the commission of the offense
Article 353. Definition of libel. A libel is public and malicious
imputation of a crime, or of a vice or defect, real or imaginary, or
Exception to the rule: when he has waived his right, has reserved
it, or has already instituted the criminal action
The offended party has an interest in the civil aspect of the case
RULE 111 - PROSECUTION OF CIVIL ACTION
Section 1. Institution of criminal and civil actions.
(a) When a criminal action is instituted, the civil action for the
recovery of civil liability arising from the offense charged shall be
deemed instituted with the criminal action unless the offended
party waives the civil action, reserves the right to institute it
separately or institutes the civil action prior to the criminal action.
The reservation of the right to institute separately the civil action
shall be made before the prosecution starts presenting its evidence
and under circumstances affording the offended party a reasonable
opportunity to make such reservation.
When the offended party seeks to enforce civil liability against the
accused by way of moral, nominal, temperate, or exemplary
damages without specifying the amount thereof in the complaint or
information, the filing fees therefore shall constitute a first lien on
the judgment awarding such damages.
Where the amount of damages, other than actual, is specified in
the complaint or information, the corresponding filing fees shall be
paid by the offended party upon the filing thereof in court.
Except as otherwise provided in these Rules, no filing fees shall be
required for actual damages.
No counterclaim, cross-claim or third-party complaint may be filed
by the accused in the criminal case, but any cause of action which
could have been the subject thereof may be litigated in a separate
civil action.
(b) The criminal action for violation of Batas Pambansa Blg. 22
shall be deemed to include the corresponding civil action. No
reservation to file such civil action separately shall be allowed.
Upon filing of the aforesaid joint criminal and civil actions, the
offended party shall pay in full the filing fees based on the amount
of the check involved, which shall be considered as the actual
damages claimed. Where the complaint or information also seeks
to recover liquidated, moral, nominal, temperate or exemplary
damages, the offended party shall pay additional filing fees based
on the amounts alleged therein. If the amounts are not so alleged
but any of these damages are subsequently awarded by the court,
the filing fees based on the amount awarded shall constitute a first
lien on the judgment.
Where the civil action has been filed separately and trial thereof
has not yet commenced, it may be consolidated with the criminal
action upon application with the court trying the latter case. If the
application is granted, the trial of both actions shall proceed in
accordance with section 2 of this Rule governing consolidation of
the civil and criminal actions.
WHAT IS THE GENERAL RULE GOVERNING THE INSTITUTION OF
CRIMINAL AND CIVIL ACTIONS IN RELATION TO THIS SECTION?
Only the civil action for the recovery of the civil liability arising
from the offense under Article 100 of the RPC, and not the
independent under Article 32, 33, 34 and 2176 of the Civil Code,
are deemed instituted with the criminal action
WHAT IS THE DUAL CONCEPT OF CIVIL LIABILITY?
Dual concept of civil liability means that civil liability may arise
from crimes or from quasi-delicts
Thus, a negligent act which causes damage may produce two
kinds of civil liabilityone arising from crime and another arising
from quasi-delict
The only limitation is that the offended party may not recover
twice from the same act
or
QUASI-DELICT
Only of private concern
corrects
the
by
No, the criminal action shall be deemed to include the civil action,
and the offended party is not allowed to make the reservation
The actual damages and the filing fees shall be equivalent to the
value of the check.
Sec. 2. When separate civil action is suspended. After the criminal
action has been commenced, the separate civil action arising
therefrom cannot be instituted until final judgment has been
entered in the criminal action.
If the criminal action is filed after the said civil action has already
been instituted, the latter shall be suspended in whatever state it
may be found before judgment on the merits. The suspension shall
last until final judgment is rendered in the criminal action.
Nevertheless, before judgment on the merits rendered in the civil
action, the same may, upon motion of the offended party, be
After the criminal action has been commenced, the separate civil
action arising therefrom cannot be instituted until final judgment
has been entered in the criminal action.
If the criminal action is filed after the said civil action has already
been instituted, the latter shall be suspended in whatever state it
may be found before judgment on the merits. The suspension
shall last until final judgment is rendered in the criminal action.
No, only the civil action arising from the crime under Article 100 of
the RPC is suspended
The independent civil actions are not suspended and may continue
even if the criminal action has been instituted
However, the offended party may not recover twice from the same
act
He should only get the bigger award
However, if the decision contains a finding that the act from which
the civil liability may arise doesnt exist, the civil liability is
extinguished
WHAT ARE THE TWO TYPES OF ACQUITTAL?
1. Acquittal based on reasonable doubt
2. Acquittal based on the meritshe didn't commit the crime
CAN YOU COMPEL A JUDGE BY MANDAMUS TO AWARD CIVIL
DAMAGES?
The reason is that the parties in the criminal and civil actions are
differentin the criminal action, the party is the state, while in the
civil action, the party is the private offended party
The independent civil actions are those provided in Articles 32, 33,
34 and 2176 of the Civil Code
1.
2.
Yes, while every person criminally liable is also civilly liable, the
converse is not true
No, the court can only suspend the criminal action upon a petition
but it has no authority to order its dismissal
WHAT IS A PREJUDICIAL QUESTION?
In case the civil action was instituted ahead of the criminal action,
the same shall be suspended in whatever stage it may be found
and before judgment is the merits upon commencement of the
criminal action
WHAT IS THE RATIONALE BEHIND THE PREJUDICIAL QUESTION
RULE?
No, what is important is the fact that the marriage still subsisted
during the commission of the crime of adultery
IS AN ACTION FOR LEGAL SEPARATION A PRELIMINARY QUESTION
ON CONCUBINAGE?
5.
4.
Its function is not to determine the guilt of the accused but merely
to determine the existence of probable cause
IS THE LACK OF A PRELIMINARY INVESTIGATION A GROUND FOR
DISMISSING A COMPLAINT?
It is of no consequence
No, but this should not be confused with the authority of the RTC
to conduct an examination for the prupose of determining
probable cause when issuing a warrant of arrest
He cannot raise later the issue for the first time on appeal
Yes
Sec. 2. Officers authorized to conduct preliminary investigations.
The following may conduct preliminary investigations:
(a) Provincial or City Prosecutors and their assistants;
(b) Judges of the Municipal Trial Courts and Municipal Circuit
Trial Courts;
(c) National and Regional State Prosecutors; and
(d) Other officers as may be authorized by law.
Their authority to conduct preliminary investigations shall include
all crimes cognizable by the proper court in their respective
territorial jurisdictions.
investigation
shall
be
(a) The complaint shall state the address of the respondent and
shall be accompanied by the affidavits of the complainant and his
witnesses, as well as other supporting documents to establish
probable cause. They shall be in such number of copies as there are
respondents, plus two (2) copies for the official file. The affidavits
shall be subscribed and sworn to before any prosecutor or
government official authorized to administer oath, or, in their
absence or unavailability, before a notary public, each of whom
must certify that he personally examined the affiants and that he is
satisfied that they voluntarily executed and understood their
affidavits.
(b) Within ten (10) days after the filing of the complaint, the
investigating officer shall either dismiss it if he finds no ground to
continue with the investigation, or issue a subpoena to the
respondent attaching to it a copy of the complaint and its
supporting affidavits and documents.
The respondent shall have the right to examine the evidence
submitted by the complainant which he may not have been
furnished and to copy them at his expense. If the evidence is
voluminous, the complainant may be required to specify those
which he intends to present against the respondent, and these
shall be made available for examination or copying by the
respondent at his expense.
2.
3.
4.
5.
The hearing shall be held within ten (10) days from submission of
the counter-affidavits and other documents or from the expiration
of the period for their submission. It shall be terminated within five
(5) days.
(f) Within ten (10) days after the investigation, the investigating
officer shall determine whether or not there is sufficient ground to
hold the respondent for trial.
WHAT IS THE PROCEDURE IN CONDUCTING A PRELIMINARY
INVESTIGATION?
Within ten (10) days after the filing of the complaint, the
investigating officer shall either
6.
IS
THE
PRESENCE
OF
COUNSEL
IN
A
PRELIMINARY
INVESTIGATION MANDATORY?
3.
Within five (5) days from his resolution, he shall forward the
record of the case to the provincial or city prosecutor or chief
state prosecutor, or to the Ombudsman or his deputy in cases
of offenses cognizable by the Sandiganbayan in the exercise
5.
6.
It depends
penalized by fine only. The court shall them proceed in the exercise
of its original jurisdiction.
CAN THE ACCUSED FILE A MOTION TO QUASH BASED ON
INSUFFICIENCY OF EVIDENCE?
PRELIMINARY EXAMINATION
Judicial function
Done by judges only
May be done ex parte
The complainant can file a civil action for damages against the
offender based on Article 35 of the CC
4.
5.
Generally, this kind of warrants are void because the violate the
constitutional provision which requires that warrants of arrests
should particularly describe the person or persons to be arrested
Since the objectives are different, the judge shouldn't rely solely
on the report of the prosecutor in finding probable cause to justify
the issuance of warrant of arrest
After the complaint was filed but before arraignment, the accused
may within 5 days from the time he learns of the filing, ask for a
preliminary investigation
WHAT IS AN INQUEST?
The arresting officer must bring the arrestee before the inquest
fiscal to determine whether the person should remain in custody
and charged in court or if he should be released for lack of
evidence or for further investigation
WHAT SHOULD BE IN A CUSTODIAL INVESTIGATION REPORT?
1. It shall be in writing
2. Should be read and adequately explained to the arrestee by his
counsel in the language or dialect known to the arrestee
3. Signed or thumbmarked by the respondent
4. It should explain the causes on detention
5. It should include the recommendation and its corresponding
support and basis
If the complaint is filed with the MTC, and within 10 days from the
filing of the complaint or information, the judge FINDS NO
PROBABLE CAUSE after personally examining the evidence in
writing and under oath of the complainant and his witnesses in the
form of searching questions and answers, HE SHALL DISMISS THE
COMPLAINT OR INFORMATION
NOTA BENE:
The court acquires absolute control upon the filing of the case
(review from the past lectures)
DISTINCTION
BETWEEN
INQUEST
PRELIMINARY INVESTIGATION
PROCEEDINGS
AND
INQUEST PROCEEDING
Accused already under detention.
PRELIMINARY INVESTIGATION
This is a statutory right.
Yes.
Under Article 88 of the RPC, when there are offenses
punishable with arresto mayor, one can be given house arrest
under certain conditions.
This is to avoid situations when the officer will hold the law in his
own hands
Sec. 4. Execution of warrant. The head of the office to whom the
warrant of arrest was delivered for execution shall cause the
warrant to be executed within ten (10) days from its receipt.
Within ten (10) days after the expiration of the period, the officer
The head of the office to whom the warrant was delivered must
cause it to be executed within 10 days from its receipt, and the
officer to whom it is assigned must make a report to the judge
who issued the warrant within 10 days from the expiration of the
period. If he fails to execute it, he should state the reasons
therefore.
WHAT IS THE LIFETIME OF A WARRANT OF ARREST?
It can be made on any day or any time of the day and night
Sec. 7. Method of arrest by officer by virtue of warrant.
When making an arrest by virtue of a warrant, the officer shall
inform the person to be arrested of the cause of the arrest and the
fact that a warrant has been issued for his arrest, except when he
flees or forcibly resists before the officer has opportunity to so
inform him, or when the giving of such information will imperil the
arrest. The officer need not have the warrant in his possession at
the time of the arrest but after the arrest, if the person arrested so
requires, the warrant shall be shown to him as soon as practicable.
Sec. 8. Method of arrest by officer without warrant. When making
an arrest without a warrant, the officer shall inform the person to
be arrested of his authority and the cause of the arrest, unless the
latter is either engaged in the commission of an offense, is pursued
immediately after its commission, has escaped, flees, or forcibly
resists before the officer has opportunity to so inform him, or when
the giving of such information will imperil the arrest.
CAN AN OFFICER ARREST A PERSON AGAINST WHOM A WARRANT
HAS BEEN ISSUED EVEN IF HE DOESN'T HAVE THE WARRANT WITH
HIM?
Yes, but after the arrest, if the person arrested requires, the
warrant must be shown to him as soon as possible.
Sec. 9. Method of arrest by private person. When making an
arrest, a private person shall inform the person to be arrested of
the intention to arrest him and the case of the arrest, unless the
latter is either engaged in the commission of an offense, is pursued
immediately after its commission, or has escaped, flees, or forcibly
resists before the person making the arrest has opportunity to so
inform him, or when the giving of such information will imperil the
arrest.
Sec. 10. Officer may summon assistance. An officer making a
lawful arrest may orally summon as many persons as he deems
necessary to assist him in effecting the arrest. Every person so
summoned by an officer shall assist him in effecting the arrest
when he can render such assistance without detriment to himself.
Presumption of innocence
Yes, the trial court may impose other conditions in granting bail
where the likelihood of the accused jumping bail or of committing
other harm to the citizenry is feared.
The court even has the power to prohibit a person admitted to bail
from leaving the Phiippines or restrict his right to travel
DOES
AN
ADDITIONAL
CONDITION
NOT
VIOLATE
THE
PROHIBITION ON EXCESSIVE BAIL?
Bail would still be determined based on the following factors-financial liability of the accused to give bail; nature and
circumstance of the offense; penalty for the offense charged;
character and reputation of the accused; age and health of the
accused; weight of the evidence against the accused; probability
of the accused appearing at the trial; forfeiture of other bail; the
fact that the accused was a fugitive from justice when arrested;
and pendency of other cases where the accused is on bail.
Sec. 3. No release or transfer except on court order or bail. No
person under detention by legal process shall be released or
transferred except upon order of the court or when he is admitted
to bail.
ARTICLE 3, SECTION 13 OF THE CONSTITUTION:
All persons, except those charged with offenses punishable by
reclusion perpetua when evidence of guilt is strong, shall, before
conviction, be bailable by sufficient sureties, or be released on
recognizance as may be provided by law. The right to bail shall not
be impaired even when the privilege of the writ of habeas corpus is
suspended. Excessive bail shall not be required.
Sec. 4. Bail, a matter of right; exception. All persons in custody
shall be admitted to bail as a matter of right, with sufficient
sureties, or released on recognizance as prescribed by law or this
Rule (a) before or after conviction by the Metropolitan Trial Court,
Municipal Trial Court, Municipal Trial Court in Cities, or Municipal
Circuit Trial Court, and (b) before conviction by the Regional Trial
court of an offense not punishable by death, reclusion perpetua, or
life imprisonment.
WHAT IS THE GENERAL RULE REGARDING THE RIGHT TO BAIL?
guarantee of the Bill of Rights, and this right he retains unless and
until he is charged with a capital offense and evidence of guilt is
strong
IS BAIL A MATTER OF RIGHT OR OF DISCRETION? WHEN IS IT
EITHER?
It is matter of discretion
No.
WHAT IS REQUIRED OF THE JUDGE WHO DENIES AN APPLICATION
FOR BAIL?
They are powers which the trial court retains even after the
perfection of the appeal
No, if the decision of the trial court upgraded the offense from
non-bailable to bailable, the application should be filed with and
could only be resolved by the appellate court
CAN AN ACCUSED POST BAIL EVEN IF HE HAS NOT BEEN FORMALLY
CHARGED IN COURT?
The extensive trial before the lower court and the appeal before
respondent court are more than sufficient in accomplishing the
purpose for which a summary hearing for bail application is
designed
Sec. 8. Burden of proof in bail application. At the hearing of an
application for bail filed by a person who is in custody for the
commission of an offense punishable by death, reclusion perpetua,
or life imprisonment, the prosecution has the burden of showing
that evidence of guilt is strong. The evidence presented during the
bail hearing shall be considered automatically reproduced at the
trial but, upon motion of either party, the court may recall any
witness for additional examination unless the latter is dead,
outside the Philippines, or otherwise unable to testify.
NOTA BENE: The grant or denial of bail in capital offense hinges on the
strength of the evidence of guilt. This requires that the trial court conduct
bail hearings wherein both the prosecution and the defense are afforded
sufficient opportunity to present their respective evidence. The burden of
proof lies with the prosecution to show the evidence of guilt is strong. But
the determination of whether the evidence of guilt is strong is a matter of
judicial discretion. Though not absolute nor beyond control, the discretion
of the trial court must be sound and exercised within reasonable grounds.
MUST THE DEFENSE PRESENT ANY EVIDENCE DURING THE
HEARING ON THE APPLICATION FOR BAIL?
No, the burden of proof is upon the prosecution to show that the
evidence of guilt of accused is strong
WHAT ARE THE DUTIES OF THE TRIAL JUDGE IN CASE AN
APPLICATION FOR BAIL IS FILED?
1. Notify the prosecutor of the hearing or require him to submit a
recommendation
2. Conduct a hearing
3. Decide whether the evidence of guilt is strong based on the
summary of evidence of the prosecution
4. If the guilt of the accused is not strong, discharge the accused
upon the approval of the bail bond. If evidence of guilt is strong,
the petition should be denied.
WHAT IS EVIDENT PROOF AND PRESUMPTION GREAT?
EVIDENT PROOF
Clear, strong evidence while leads a
well-grounded
dispassionate
judgment to the conclusion that the
offense has been committed as
charged, that the accused is the
guilty agent and that he will
probably be punished capitally if the
law is administered
PRESUMPTION GREAT
Exists when the circumstances
testified to are such that the
inference of guilt naturally to be
drawn therefrom is strong, clear
and convincing unbiased judgment
and
excludes
all
reasonable
probability of any other conclusion
2.
The employment of physical, psychological, or degrading
punishment against any prisoner or detainee or the use of
substandard or inadequate penal facilities under subhuman
conditions shall be dealt with by law.
WHAT HAPPENS WHEN THE JUDGE IMPOSES EXCESSIVE BAIL?
No, the trial court may not reject otherwise acceptable sureties
and insist that the accused obtain his provisional liberty only
through a cash bond
security for the amount of the bail. Within ten (10) days after the
approval of the bond, the accused shall cause the annotation of the
lien on the certificate of title on file with the Registry of Deeds if
the land is registered, or if unregistered, in the Registration Book
on the space provided therefore, in the Registry of Deeds for the
province or city where the land lies, and on the corresponding tax
declaration in the office of the provincial, city and municipal
assessor concerned.
Within the same period, the accused shall submit to the court his
compliance and his failure to do so shall be sufficient cause for the
cancellation of the property bond and his re-arrest and detention.
Sec. 12. Qualifications of sureties in property bond. The
qualifications of sureties in a property bond shall be as follows:
(a) Each must be a resident owner of real estate within the
Philippines;
(b) Where there is only one surety, his real estate must be worth at
least the amount of undertaking;
(c) If there are two or more sureties, each may justify in an
amount less than that expressed in the undertaking but the
aggregate of the justified sums must be equivalent to the whole
amount of the bail demanded.
In all cases, every surety must be worth the amount specified in his
own undertaking over and above all just debts, obligations and
properties exempt from execution.
Sec. 13. Justification of sureties. Every surety shall justify by
affidavit taken before the judge that he possesses the qualification
prescribed in the preceding section. He shall describe the property
given as security, stating the nature of his title, its encumbrances,
the number and amount of other bails entered into by him and still
undischarged, and his other liabilities. The court may examine the
sureties upon oath concerning their sufficiency in such manner as it
may deem proper. No bail shall be approved unless the surety is
qualified.
WHAT ARE THE MINIMUM REQUIREMENTS FOR SURETIES?
If there is only one surety, his real estate must be worth the
amount of the undertaking
If there are two or more sureties, the aggregate of the sums must
be equivalent to the whole amount of the bail demanded, and
every surety must be worth the amount specified in his own
undertaking over and above all just debts, obligations, and
properties exempt from execution
It may be filed with the court where the case is pending. In the
absence of the judge thereof, bail may be filed with any RTC or
MTC judge in the province, city or municipality.
Any person in custody not yet charged may apply for bail with any
court in the province, city or municipality where he is held
WHERE SHOULD ONE POST BAIL IF HE HASN'T BEEN CHARGED
YET?
The application for bail must be filed in the court where the case is
pending. In the absence or unavailability of the judge thereof, the
application for bail may be filed with another branch of the same
court within the province or city
If the accused is arrested in a province, city or municipality other
than where the case is pending, bail may be filed with any RTC of
the place. If no judge thereof is available, then with the MTC
judge therein.
TO
JUSTIFY
THE
BONDSMANS
Yes
Whenever they choose to do so, they may seize him and deliver
him up; if that cannot be done at once, they may imprison him
until it can be done
They may exercise their rights in person or his agent; they may
pursue him into another State; they may arrest him on Sabbath;
and if necessary, they may break into and enter his house for that
purpose
Sec. 24. No bail after final judgment; exception. No bail shall be
allowed after a judgment of conviction has become final. If before
such finality, the accused applies for probation, he may be allowed
temporary liberty under his bail. When no bail was filed or the
accused is incapable of filing one, the court may allow his release
on recognizance to the custody of a responsible member of the
community. In no case shall bail be allowed after the accused has
commenced to serve sentence.
Sec. 25. Court supervision of detainees. The court shall exercise
supervision over all persons in custody for the purpose of
eliminating unnecessary detention. The executive judges of the
Regional Trial Courts shall conduct monthly personal inspections of
provincial, city, and municipal jails and the prisoners within their
respective jurisdictions. They shall ascertain the number of
detainees, inquire on their proper accommodation and health and
examine the condition of the jail facilities. They shall order the
segregation of sexes and of minors from adults, ensure the
observance of the right of detainees to confer privately with
counsel, and strive to eliminate conditions inimical to the
detainees.
In cities and municipalities to be specified by the Supreme Court,
the municipal trial judges or municipal circuit trial judges shall
conduct monthly personal inspections of the municipal jails in their
The ruiing modifies the previous ruling that an application for bail
by the accused shall be considered as a waiver of his right to
challenge the validity of his arrest or the absence of a preliminary
investigation
3.
4.
5.
6.
(d) To testify as a witness in his own behalf but subject to crossexamination on matters covered by direct examination. His silence
shall not in any manner prejudice him.
(e) To be exempt from being compelled to be a witness against
himself.
(f) To confront and cross-examine the witnesses against him at the
trial. Either party may utilize as part of its evidence the testimony
of a witness who is deceased, out of or can not with due diligence
be found in the Philippines, unavailable, or otherwise unable to
testify, given in another case or proceeding, judicial or
administrative, involving the same parties and subject matter, the
adverse party having the opportunity to cross-examine him.
(g) To have compulsory process issued to secure the attendance of
witnesses and production of other evidence in his behalf.
(h) To have speedy, impartial and public trial.
(i) To appeal in all cases allowed and in the manner prescribed by
law.
WHAT ARE THE 9 RIGHTS OF AN ACCUSED IN CRIMINAL
PROCEEDINGS?
7.
8.
9.
DUE PROCESS
IS IT NECESSARY TO HAVE TRIAL-TYPE PROCEEDINGS IN ORDER
TO SATISFY THE REQUIREMENT OF DUE PROCESS?
1.
2.
3.
Unlawful aggression
Reasonable means employed to prevent or repel it
Lack of sufficient provocation on the part of the person defending
himself
But this is reversed when the accused admits the killing but claims
self-defense
WHAT
KIND OF
COUNSEL
PURPOSE
OF
COUNSEL
CHOICE
OF
ACCUSED
CUSTODIAL
INVESTIGATION
Presence
of
a
competent
and
independent counsel
Protect the accused
from being forced to
confess
ARRAIGNMENT
TRIAL
Presence
of
a
competent counsel
Presence of an
effective
counsel
Defend
the
accused
Informing
the
accused
of
the
consequences
of
his plea and the
nature and cause of
the
accusation
against him
Court can appoint a
counsel
for
the
accused
(counsel
de officio)
Yes. During the trial, the right to counsel means the right to
effective counsel. During trial, the purpose of the counsel is not
so much to protect the accused from being forced to confess, but
rather is to defend the accused.
But in two cases, the Court held that the defendant cannot raise
for the first time on appeal his right to have an attorney. If the
question is not raised in the trial court, the prosecution may go to
trial. The question will not be considered in the appellate court for
the first time when the accused fails to raise it in the lower court.
IS IT THE DUTY OF THE COURT TO APPOINT COUNSEL DE OFFICIO
MANDATORY AT ALL TIMES?
The right cannot be invoked when the State has the rights to
inspect documents under its police power, such as documents of
corporations.
It will not have probative value because the prosecution was not
given the chance to test the credibility of the testimony through
cross-examination
RIGHT AGAINST SELF-INCRIMINATION
WHAT IS
THE
SCOPE
OF
THE
RIGHT AGAINST SELFINCRIMINATION?
X cannot invoke the right. He can only invoke the right if there is
only a possibility of criminal prosecution but not in cases of
possible embarrassment.
WHO MAY INVOKE THE RIGHT AGAINST SELF-INCRIMINATION AND
WHEN CAN SUCH PERSON INVOKE THE RIGHT?
The accused himself may invoke the right, but unlike the ordinary
witness, he may altogether refuse to take the witness stand and
refuse to answer any and all questions.
But once the accused waives his right and chooses to testify on
his own behalf, he may be cross-examined on matters covered in
his direct examination. He cannot refuse to answer questions
during cross-examination by claiming that the answer that he will
give could incriminate him for the crime he is being charged.
However, if the question during cross-examination relates to a
crime different from that which he was charged, he can still invoke
the right and refuse to answer.
CAN AN ACCUSED OR WITNESS INVOKE THE RIGHT AGAINST SELFINCRIMINATION IF HE IS ASKED ABOUT PAST CRIMINALITY?
It depends
Before the case is filed in court but after he has been taken into
custody or otherwise deprived of his liberty, the accused has the
following rights
1. The right to be informed of the nature and cause of the
accusation against him
2. The right to remain silent and to counsel
3. The right not to be subjected to any force, violence, threat,
intimidation, or any other means which vitiate free will
4. The right have evidence obtained in violation of these rights
rejected
After the case is filed in court, the accused has the following
rights
1. The right to refuse to be a witness
2. The right not to have any prejudice whatsoever result to him
by such refusal
3. The right to testify in his own behalf subject to crossexamination by the prosecution
USE IMMUNITY
TRANSACTIONAL IMMUNITY
COVERED
BY
THE
RIGHT
AGAINST
SELF-
RIGHT OF CONFRONTATION
WHAT IS THE MEANING OF THE RIGHT OF CONFRONTATION?
It means that the accused can only be tried using those witnesses
that meet him face to face at the trial who give testimony in his
presence, and who may be subject to cross-examination
WHAT ARE THE REASONS FOR THE RIGHT?
When the party was given an opportunity to confront and crossexamine an opposing witness but failed to take advantage of it for
reasons attributable to the party alone, he is deemed to have
waived his right
WHAT HAPPENS TO THE TESTIMONY OF A WITNESS WHO DIES OR
BECOMES UNAVAILABLE?
However, if the other party did not have the opportunity to crossexamine before the subsequent death or unavailability of the
witness, the testimony will have no probative value.
The court should order the witness to give bail or even order his
arrest, if necessary
In no case shall the entire period exceed 180 days from the first
day of trial, except as otherwise authorized by the Court
Administrator
WHAT FACTORS MAY BE CONSIDERED IN DETERMINING WHETHER
THE ACCUSED HAS BEEN DEPRIVED OF HIS RIGHT TO SPEEDY
The right of the State and the prosecution to due process should
be respected
THE PROSECUTION AND THE COMPLAINANT FAIL TO ATTEND THE
FIRST HEARING.
THE COURT POSTPONES THE HEARING TO
ANOTHER DATE. IS THERE A VIOLATION TO THE RIGHT TO SPEEDY
TRIAL?
No, the right to speedy trial is violated when there are unjustified
postponements of the trial and a long period of time is allowed to
elapse without the case being tried for no unjustifiable reason
NOTA BENE: Corollary to the right to speedy trial is the right to speedy
disposition of cases.
WHAT IS THE MEANING OF THE RIGHT TO A PUBLIC TRIAL?
Yes, the court may bar the public in certain cases, such as when
the evidence to be presented may be offensive to decency or
public morals, or in rape cases, where the purpose of some
persons in attending is merely to ogle at the parties
IS IT ALRIGHT TO HOLD THE TRIAL IN THE CHAMBERS OF THE
JUDGE?
When the accused flees after the case has been submitted to the
court for decision, he will be deemed to have waived his right to
appeal from the judgment rendered against him
ARTICLE 8, SECTION 5 (2)MINIMUM APPELLATE JURIDICTION
1. All cases in which the constitutionality or validity of any treaty,
international or executive agreement, law, presidential decree,
proclamation, order, instruction, ordinance, or regulation is in
question.
2. All cases involving the legality of any tax, impost, assessment,
or toll, or any penalty imposed in relation thereto.
3. All cases in which the jurisdiction of any lower court is in issue.
4.
5.
xxx
The court should withdraw the plea and enter a plea of not guilty
WHEN SHOULD THE ARRAIGNMENT BE HELD?
N.B:
1.
2.
but
formal
Arraignment is the means for bringing the accused into court and
informing him of the nature and cause of the accusation against
him.
No, the failure of the court to arraign X before trial was conducted
didnt prejudice the rights of X since he was able to present
evidence and cross-examine the witnesses of the prosecution
Yes
In this case, the presentation by X of evidence to prove selfdefense had the effect of vacating the plea of guilt
When the plea of guilt was vacated, the court should have ordered
him to plead again, or at least should have directed that a new
plea of not guilty be entered for him
Because the court didnt do this, at the time of the acquittal, there
was actually no standing plea for X.
The court may validly enter a plea of guilty for the accused who
refuses to plead
Sec. 2. Plea of guilty to a lesser offense. At arraignment, the
accused, with the consent of the offended party and prosecutor,
may be allowed by the trial court to plead guilty to a lesser offense
which is necessarily included in the offense charged. After
arraignment but before trial, the accused may still be allowed to
plead guilty to said lesser offense after withdrawing his plea of not
guilty. No amendment of the complaint or information is necessary.
WHAT SHOULD BE DONE IF THERE IS A PLEA TO A LESSER
OFFENSE?
WHEN CAN THE ACCUSED PLEAD GUILTY TO A LESSER OFFENSE?
During arraignment
1. Offended party and prosecutor must be present
2. Lesser offense must necessarily be included in the
original offense charged
3.
4.
Yes
Because of this, the court should only accept a clear, definite, and
unconditional plea of guilt
WHEN CAN THE PLEA OF GUILTY BE CONSIDERED A MITIGATING
CIRCUMSTANCE?
The court may receive evidence from the parties to determine the
penalty to be imposed
In addition, the judge must inform the accused of the exact length
of imprisonment and the certainty that he will serve it at the
national penitentiary or a penal colony. The judge must dispel
any false notion that the accused may have that he will get off
lightly because of his plea of guilty
NOTE:
The tenor of above provision is clear.
There should be a
categorical declaration from the accused that he is withdrawing his plea of
guilty and substituting it with a plea of not guilty.
Yes
The conviction will be set aside only if the plea of guilt is the sole
basis of the judgment
The reason behind this is that trial has already commenced and
will put all of the past proceedings to waste. Therefore, the plea
may only be withdrawn with permission of the court.
In this case, X said hindi niya sinasadya. This is not a valid plea
of guilty. A plea of not guilty should be entered instead.
MAY AN ACCUSED BE ALLOWED TO CHANGE HIS PLEA OF NOT
GUILTY EVEN AFTER THE PROSECUTION HAD RESTED ITS CASE?
The trial court may allow the accused to plead guilty to a lesser
offense
Sec. 6. Duty of court to inform accused of his right to counsel.
Before arraignment, the court shall inform the accused of his right
to counsel and ask him if he desires to have one. Unless the
accused is allowed to defend himself in person or has employed
counsel of his choice, the court must assign a counsel de officio to
defend him.
WHAT IS THE FOUR-FOLD DUTY OF THE COURT?
1. It must inform the defendant that he has a right to an attorney
before being arraigned
2. After informing him, the court must ask the defendant if he
desires to have the aid of an attorney
3. If he desires and is unable to employ an attorney, the court must
assign an attorney de officio to defend him
4. If the accused desires to procure an attorney of his own, the court
must grant him a reasonable time to procure one
WHAT IS THE REASON FOR THE FOUR-FOLD DUTY?
The court, considering the gravity of the offense and the difficulty
of the questions that may arise shall appoint as counsel de officio
1. A member of the bar in good standing
2. And such member, by reason of his/her experience and
ability, can competently defend the accused
The court must act on its own volition unless the right is waived
by the accused
On the other hand, during trial, it is the accused who must assert
his right to counsel. The court will not act unless the accused
invokes his rights.
CAN A NON-LAWYER REPRESENT THE ACCUSED DURING
ARRAIGNMENT?
But during trial, there is no such duty. The accused must ask for
a lawyer, or else, the right is deemed waived. He can even
defend himself personally.
the
complaint or
Yes
The test is whether the accused will have a fair trial with the
assistance of counsel, in spite of his insanity
(c) That the court trying the case has no jurisdiction over the
person of the accused;
(f) That more than one offense is charged except when a single
punishment for various offenses is prescribed by law;
At any time before entering the plea, the accused may move to
quash the complaint or information
AN INFORMATION WAS FILED AGAINST X. X FILED A MOTION TO
QUASH AS THE FACTS IN THE INFORMATION DIDNT CONSTITUTE
AN OFFENSE. THIS WAS FILED TOGETHER WITH AN APPLICATION
FOR BAIL. IS THIS VALID?
(d) That the officer who filed the information had no authority to
do so;
(e) That it does not conform substantially to the prescribed form;
1.
2.
3.
4.
5.
6.
7.
8.
9.
CAN THE COURT DISMISS THE CASE BASED ON GROUNDS THAT ARE
NOT ALLEGED IN THE MOTION TO QUASH?
The general rule is no, the court cannot consider any ground other
than those stated in the motion to quash.
It means that the accused argues that assuming that the facts
charged are true, the information should still be dismissed based
on the ground invoked by the defendant.
No, denial of due process is not one of the grounds for a motion to
quash
WHAT IS THE TEST TO DETERMINE THE VALIDITY OF A MOTION TO
QUASH ON THE GROUND THAT THE FACTS AVERRED IN THE
INFORMATION DONT AMOUNT TO AN OFFENSE?
The test is whether the facts alleged would establish the essential
elements of the crime as defined by law, and in this examination,
matters aliunde are not considered
X FILED A MOTION TO QUASH ON THE FOLLOWING GROUNDS:
THAT THE COURT LACKED JURISDICTION OVER THE PERSON OF
THE ACCUSED AND THAT THE COMPLAINT CHARGED MORE THAN
ONE OFFENSE. CAN THE COURT GRANT THE MOTION ON THE
GROUND OF LACK OF JURISDICTION?
In the past, the answer would have been no since the SC ruled in
several cases then that the motion to quash on the ground of lack
of jurisdiction over the person of the accused must be based only
on this ground. If other grounds are included, there is waiver,
and the accused is deemed to have submitted himself to the
jurisdiction of the court.
But if the ground for the motion is any of the following below,
there is no waiver. The following grounds may be raised at any
stage of the proceeding:
1. Failure to charge an offense
2. Lack of jurisdiction over the offense
3. Extinction of criminal liability
4. Double jeopardy
But the penalty shall not be abated if the marriage is void ab initio
WHY IS PRESCRIPTION A GROUND FOR A MOTION TO QUASH?
10 years
5 years
2 years
1 year
Light offenses
6 months
The proper action for the court is to exercise its jurisdiction and to
decide the case upon the merits, holding the action to have
prescribed and absolving the defendant
Quasi-delicts: 4 years
No, the first jeopardy didnt attach because the first information
was not valid
X WAS CHARGED WITH THEFT. DURING THE TRIAL, THE
PROSECUTION WAS ABLE TO PROVE ESTAFA. X WAS ACQUITTED
OF THEFT. CAN X BE PROSECUTED FOR ESTAFA LATER WITHOUT
PLACING HIM IN DOUBLE JEOPARDY?
Yes
In this case, the crime charged in the first information was theft.
X was therefore placed in jeopardy of being convicted of theft.
Since estafa is not an offense which is included or necessarily
includes theft, X can still be prosecuted for estafa without placing
him in double jeopardy
THE ESTAFA CASE AGAINST C WAS DISMISSED BUT THE
DISMISSAL CONTAINED A RESERVATION OF THE RIGHT TO FILE
ANOTHER ACTION. CAN ANOTHER ESTAFA CASE BE FILED AGAINST
X WITHOUT PLACING HIM IN DOUBLE JEOPARDY?
Yes
No, the case was dismissed upon motion of counsel for the
accused, so it wasnt dismissed without the express consent
The judge should order the substitution of the complaint for theft
with a new one charging estafa
The judge who has not dismissed the case on the ground of
violation of the right of X to speedy trial committed grave abuse of
discretion in dismissing the case after the prosecution failed to
appear once
There are some delays of the prosecution which are not capricious
and unreasonable
While there have been conflicting rulings of the SC, the prevailing
doctrine is that the accused can still be prosecuted for the same
offense if he moves to dismiss on the grounds of lack of
jurisdiction, or insufficiency of complaint or information because
he is deemed to have waived his right against a second jeopardy,
or that he is estopped from maintaining that the court had no
jurisdiction or that the complaint wasnt sufficient
WHEN WILL DISMISSAL OR TERMINATION OF THE FIRST CASE NOT
BAR A SECOND JEOPARDY?
1. The dismissal must be sought by the defendant personally or
through his counsel
2.
BEFORE
THE
PROSECUTION
COULD
FINISH
PRESENTING
EVIDENCE, THE ACCUSED FILED A DEMURRER TO EVIDENCE. THE
COURT GRANTED THE MOTION AND DISMISSED THE CASE ON THE
GROUND OF INSUFFICIENCY OF EVIDENCE OF THE PROSECUTION.
CAN THE ACCUSED BE PROSECUTED FOR THE SAME OFFENSE
AGAIN?
Yes.
There was no double jeopardy because the court has
exceeded its jurisdiction in dismissing the case even before the
prosecution could finish presenting evidence
Since the case was dismissed with his express consent, X cannot
invoke double jeopardy
X WAS CHARGED WITH MURDER.
AFTER THE PROSECUTION
PRESENTED ITS EVIDENCE, X FILED A MOTION TO DISMISS ON THE
GROUND THAT THE PROSECUTION FAILED TO PROVE THAT THE
CRIME WAS COMMITTED WITHIN THE TERRITORIAL JURISDICTION
OF THE COURT.
THE COURT DISMISSED THE CASE.
THE
PROSECUTION APPEALED? CAN X INVOKE DOUBLE JEOPARDY?
The dismissal was upon his own motion so it was with his express
consent
The only time when a dismissal, even with the express consent of
the accused, will bar a double jeopardy is if it is based either on
insufficiency of evidence or denial of the right to speedy trial
Yes, when the trial court has jurisdiction but mistakenly dismisses
the complaint or information on the ground of lack of it, the
dismissal wasnt at the request of the accused, the dismissal is not
appealable because it will place the accused in double jeopardy
It depends
Yes. Even if the same transaction is involved, the same act may
violate two or more provisions of criminal law and the prosecution
under one will not bar the prosecution under another
Where after the first prosecution a new fact supervenes for which
the defendant is responsible, which changes the character of the
offense and, together with the facts existing at the time,
constitutes a new and distinct offense, the accused cannot be said
to be in second jeopardy if indicted for the second offense.
X WAS CHARGED WITH FRUSTRATED HOMICIDE.
THERE WAS
NOTHING TO INDICATE THAT THE VICTIM WAS GOING TO DIE. X
WAS ARRAIGNED. BEFORE TRIAL, THE VICTIM DIED. CAN X BE
CHARGED WITH HOMICIDE?
It depends.
If the death of the victim can be traced to the acts of X, and the
victim didnt contribute to his death with his negligence, X can be
charged with homicide
The reason why the offended party can appeal the civil aspect is
that double jeopardy only attaches to the criminal aspect and not
the civil aspect. The victim or offended party in the criminal case
is the State while in its civil aspect, the private offended party.
X WAS CHARGED WITH MURDER AND WAS ACQUITTED. CAN THE
PROSECUTION APPEAL THE ACQUITTAL?
1.
2.
3.
The case is thrown wide open for review and a penalty higher than
that of the original conviction could be imposed upon him
WHAT SHOULD THE ACCUSED DO IF THE COURT DENIES THE
MOTION TO QUASH ON THE GROUND OF DOUBLE JEOPARDY?
2.
3.
4.
After arraignment, and within 30 days from the date the court
acquires jurisdiction over the person of the accused
N.B
8.
1.
2.
3.
4.
5.
6.
7.
8.
9.
PRE-TRIAL
B. Criminal Cases
1. Before arraignment, the Court shall issue an order directing the
public prosecutor to submit the record of the preliminary
investigation to the Branch COC for the latter to attach the same to
the record of the criminal case.
Where the accused is under preventive detention, his case shall be
raffled and its records transmitted to the judge to whom the case
was raffled within three days from the filing of the complaint or
information. The accused shall be arraigned within ten days from
the date of the raffle. The pre-trial of his case shall be held within
ten days after arraignment unless a shorter period is provided for
by law.
2. After the arraignment, the court shall forthwith set the pre-trial
conference within thirty days from the date of arraignment, and
issue an order:
(a) requiring the private offended party to appear thereat for
purposes of plea-bargaining except for violations of the
Comprehensive Dangerous Drugs Act of 2002, and for other
matters requiring his presence;
(b) referring the case to the Branch COC, if warranted, for a
preliminary conference to be set at least three days prior to the
pre-trial to mark the documents or exhibits to be presented by the
parties and copies thereof to be attached to the records after
comparison and to consider other matters as may aid in its prompt
disposition; and
(c) informing the parties that no evidence shall be allowed to be
presented and offered during the trial other than those identified
and marked during the pre-trial except when allowed by the court
for good cause shown. A copy of the order is hereto attached as
Annex "E". In mediatable cases, the judge shall refer the parties
presented and the schedule of trial. Said Order shall bind the
parties, limit the trial to matters not disposed of and control the
course the action during the trial.
2.
The pre-trial order binds the parties, limits the trial to matters not
disposed of, and controls the course of action during the trial,
unless modified by the court to prevent manifest injustice
WHAT IS PLEA BARGAINING?
3.
4.
5.
6.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
After he enters his plea of not guilty, the accused shall have at
least 15 days to prepare for trial
The trial shall commence within 30 days from receipt of the pretrial order
The entire trial period should not exceed 180 days from the first
day of trial, except if authorized by the SC
ARTICLE 8, SECTION 15 OF THE CONSTITUTION
1. All cases or matters filed after the effectivity of this Constitution must
be decided or resolved within twenty-four months from date of submission
for the Supreme Court, and, unless reduced by the Supreme Court, twelve
months for all lower collegiate courts, and three months for all other lower
courts.
2. A case or matter shall be deemed submitted for decision or resolution
upon the filing of the last pleading, brief, or memorandum required by the
Rules of Court or by the court itself.
3. Upon the expiration of the corresponding period, a certification to this
effect signed by the Chief Justice or the presiding judge shall forthwith be
issued and a copy thereof attached to the record of the case or matter, and
served upon the parties. The certification shall state why a decision or
resolution has not been rendered or issued within said period.
4. Despite the expiration of the applicable mandatory period, the court,
without prejudice to such responsibility as may have been incurred in
consequence thereof, shall decide or resolve the case or matter submitted
thereto for determination, without further delay.
Sec. 2. Continuous trial until terminated; postponements. Trial
once commenced shall continue from day to day as far as
practicable until terminated. It may be postponed for a reasonable
period of time for good cause.
The court shall, after consultation with the prosecutor and defense
counsel, set the case for continuous trail on a weekly or other
short-term trial calendar at the earliest possible time so as to
ensure speedy trial. In no case shall the entire trial period exceed
one hundred eighty (180) days from the first day of trial, except as
otherwise authorized by the Supreme Court.
The time limitations provided under this section and the preceding
section shall not apply where special laws or circulars of the
Supreme Court provide for a shorter period of trial.
WHAT PROCEDURE IS USED TO AVAIL HIS RIGHT TO SPEEDY
TRIAL?
The court shall, after consultation with the prosecutor and defense
counsel, set the case for continuous trail on a weekly or other
short-term trial calendar at the earliest possible time so as to
ensure speedy trial.
In no case shall the entire trial period exceed one hundred eighty
(180) days from the first day of trial, except as otherwise
authorized by the Supreme Court.
HOW DO YOU ENSURE CONTINUOUS TRIAL SYSTEM?
No
IN WHICH CASES IS THE TIME LIMITATION NOT APPLICABLE?
1. CRIMINAL CASES COVERED BY THE RULES ON SUMMARY
PROCEDURE OR THOSE WHERE THE PENALTY DOESNT EXCEED 6
MONTHS IMPRISONMENT OR A FINE OF P1000: governed by the
rules on summary procedure
2. WHEN THE OFFENDED PARTY IS ABOUT TO DEPART WITH NO
DEFINITE DATE OF RETURNtrial shall commence within 3 days
3.
4.
5.
4.
When the person having custody of the prisoner receives from the
public attorney a properly supported request for the availability of
the prisoner for purposes of trial, the prisoner shall be made
available accordingly.
OR
Sec. 5. Time limit following an order for new trial. If the accused
is to be tried again pursuant to an order for a new trial, the trial
shall commence within thirty (30) days from notice of the order,
provided that if the period becomes impractical due to
unavailability of witnesses and other factors, the court may extend
but not to exceed one hundred eighty (180) days. For the second
twelve-month period, the time limit shall be one hundred eighty
(180) days from notice of said order for new trial.
The trial shall commence within 30 days from the notice of the
order, provided that if the period becomes impractical due to
unavailability of witnesses and other factors, the court may extend
it
It is not to exceed 180 days from notice of said order for new trial
The time limit shall be 180 days from notice of said order for new
trial
WHAT IS MEANT BY A NEW TRIAL?
HOW LONG SHOULD THE TIME LIMIT BE?
For the second 12-month period, the time limit shall be 120 days
For the third 12-month period, the time limit shall be 80 days
Sec. 7. Public attorneys duties where accused is imprisoned. If
the public attorney assigned to defend a person charged with a
crime knows that he latter is preventively detained, either because
he is charged with a bailable crime but has no means to post bail,
or, is charged with a non-bailable crime, or, is serving a term of
imprisonment in any penal institution, it shall be his duty to do the
following:
(a) Shall promptly undertake to obtain the presence of the
prisoner for trial or cause a notice to be served on the person
having custody of the prisoner requiring such person to so advise
the prisoner of his right and demand trial.
(b) Upon receipt of that notice, the custodian of the prisoner
shall promptly advise the prisoner of the charge and of his right to
demand trial. If at anytime thereafter the prisoner informs his
custodian that he demands such trial, the latter shall cause notice
to that effect to be sent promptly to the public attorney.
(c) Upon receipt of such notice, the public attorney shall
promptly seek to obtain the presence of the prisoner for trial.
(d) When the custodian of the prisoner receives from the public
attorney a properly supported request for the availability of the
prisoner for purpose of trial, the prisoner shall be made available
accordingly.
reasonable doubt
A party may have a witness for his behalf but due to reasonable
circumstances, the witness essential to his case would be
unavailable and will not be able to attend
WHY IS EXAMINATION OF THE WITNESSES FOR THE PROSECUTION
CONDUCTED BEFORE THE JUDGE?
Yes
2.
Sec. 17. Discharge of accused to be state witness. When two or
more persons are jointly charged with the commission of any
offense, upon motion of the prosecution before resting its case, the
court may direct one or more of the accused to be discharged with
their consent so that they may be witnesses for the state when,
after requiring the prosecution to present evidence and the sworn
statement of each proposed state witness at a hearing in support of
the discharge, the court is satisfied that:
(a) There is absolute necessity for the testimony of the accused
whose discharge is requested;
(b) There is no other direct evidence available for the proper
prosecution of the offense committed, except the testimony of said
accused;
(c) The testimony of said accused can be substantially corroborated
in its material points;
(d) Said accused does not appear to be the most guilty; and
(e) Said accused has not at any time been convicted of any offense
involving moral turpitude.
Evidence adduced in support of the discharge shall automatically
form part of the trial. If the court denies the motion for discharge
of the accused as state witness, his sworn statement shall be
inadmissible in evidence.
WHAT IS A STATE WITNESS?
3.
4.
5.
The court will require the prosecution to present evidence and the
sworn statement of the proposed state witness at a hearing in
order to support the discharge
The court will determine if the requisites of giving the discharge
are present. Evidence adduced in support of the discharged shall
automatically form part of the trial
If the court is satisfied, it will discharge the state witness. The
discharge is equivalent to an acquittal, unless the witness later
fails or refuses to testify
The court denies the motion for discharge, his sworn statement
shall be inadmissible as evidence
No one else other than one of the conspirators can testify on what
happened among them
No
CAN THERE BE
DISCHARGED?
Yes
MORE
THAN
ONE
ACCUSED
WHO
CAN
BE
Yes
CAN A CO-CONSPIRATOR BE DISCHARGED AS A STATE WITNESS?
Yes
No.
Note: the filing of the motion in court gives the court jurisdiction
over the persons
In such case, the court shall commit the accused to answer for the
proper offense and dismiss the original case upon the filing of the
proper information.
No
When the offenses are founded on the same facts or from part of
a series of offenses of similar character, the court has the
discretion to consolidate and try them jointly
WHAT IS THE PURPOSE OF CONSOLIDATION?
case. The prosecution may oppose the motion within a nonextendible period of five (5) days from its receipt.
If leave of court is granted, the accused shall file the demurrer to
evidence within a non-extendible period of ten (10) days from
notice. The prosecution may oppose the demurrer to evidence
within a similar period from its receipt.
The order denying the motion for leave of court to file demurrer to
evidence or the demurrer itself shall not be reviewable by appeal or
by certiorari before judgment.
AFTER THE PROSECUTION RESTS ITS CASE, WHAT ARE THE
OPTIONS OF THE ACCUSED?
THE ACCUSED MAY DO THE FOLLOWING:
1. File a demurrer to evidence with leave or without leave of court
2. Adduce his evidence unless he waives the same
WHAT IS A DEMURRER TO EVIDENCE?
It has been said that a motion to dismiss under the Rules of Court
takes place of a demurrer, which pleading raised questions of law
as to sufficiency of the pleading apparent on the face thereof
The court may dismiss the case on its own initiative after giving
the prosecution the right to be heard
Within 5 days after the prosecution rests, the accused should file
a motion for leave of court to file a demurrer to evidence, stating
in such motion his grounds for such
The effect of its filing is that if the court grants the demurrer, the
case will be dismissed
No
The accused has the right to adduce evidence on the civil aspect
of the case unless the court declares that the act or omission from
which the civil liability may arise did not exist.
No, the judge must impose the proper penalty provided for by the
law, even if he is against it.
The written decision also becomes the basis of the appellate court
to pass judgment upon
The error goes into the very essence of the penalty and doesnt
merely arise from the misapplication thereof
DOES THE JUDGE NEED TO DESIGNATE THE PARTICULAR
PROVISION OF LAW VIOLATED?
If possible, he should
The difference here with the example above is the use of the word
and instead of or
WHAT IS THE IMPORTANCE OF USING THE PROPER TERMINOLOGY
IN THE IMPOSITION OF IMPRISONMENT PENALTIES?
Damages refer to the sum of money which can be awarded for the
damage done. These are the pecuniary consequences which the
law imposes for the breach of some duty or the violation of some
right
WHEN ARE EXEMPLARY DAMAGES AWARDED?
EXEMPLARY DAMAGES MAY BE AWARDED IN THE FOLLOWING CASES:
1. In criminal actions, when the crime was committed with one or
more aggravating circumstances
2. In quasi-delicts, if the defendant acted with gross negligence
3. In contracts and quasi-contracts, if the defendant acted in a
wanton, fraudulent, reckless, oppressive, or malevolent manner
WHAT ARE THE MANDATORY AWARDS IN CASE OF RAPE CASES?
No, Article 2216 of the Civil Code provides that no proof is needed
None.
Sec. 3. Judgment for two or more offenses. When two or more
offenses are charged in a single complaint or information but the
accused fails to object to it before trial, the court may convict him
of as many offenses as are charged and proved, and impose on him
the penalty for each offense, setting out separately the findings of
fact and law in each offense.
WHAT IS THE EFFECT OF THE FAILURE OF THE ACCUSED TO OBJECT
TO A COMPLAINT OR INFORMATION THAT CHARGES MORE THAN
ONE OFFENSE BEFORE HE IS ARRAIGNED?
The court must set out separately the findings of fact and law in
each offense
Sec. 4. Judgment in case of variance between allegation and proof.
When there is variance between the offense charged in the
complaint or information and that proved, and the offense as
charged is included in or necessarily includes the offense proved,
the accused shall be convicted of the offense proved which is
included in the offense charged, or of the offense charged which is
included in the offense proved.
WHAT IS THE RULE IN CASE THE OFFENSE CHARGED IS DIFFERENT
FROM THE OFFENSE PROVED?
The reason for this is that the accused can only be convicted of
the offense which is both charged and proved
For example, if the offense charged is rape and the offense proved
is acts of lasciviousness, the accused can only be convicted of acts
of lasciviousness
If the offense charged is less serious physical injuries and the
offense proved is serious physical injuries, then the defendant
should only be convicted of the offense charged
People v. Abiera says that the accused charged with rape through
one mode of commission may still be convicted of the crime if the
evidence shows another mode of commission, provided that the
accused didnt object to such evidence
People v. Padilla says on the other hand that the accused cannot
be convicted of rape of a mental retardate if the commission of
such is not alleged in the information
3.
4.
5.
Parole
Motion for new trial or reconsideration
Suspension of sentence
WHAT ARE
THE INSTANCES WHEN
JUDGMENT MAY BE
PROMULGATED DESPITE THE ABSENCE OF ACCUSED?
1. When the accused has been convicted of a light offense.
Judgment may be promulgated in front of the counsel or
representative of the accused
2. When the trial was held in absentia because either the accused
jumped bail or escaped confinement
IF THE PROMULGATION OF JUDGMENT MUST BE IN ITS ENTIRETY,
THEN DOES IT MEAN THE PROMULGATION OF JUDGMENT IN ERAPS
CASE NOT VALID?
It is valid
No
2.
The offender should apply for probation after conviction within the
period for perfecting an appeal
CAN THE DEFENDANT STILL FILE FOR PROBATION IF HE HAS
ALREADY PERFECTED AN APPEAL?
Yes.
In those cases where the penalty is a fine, and the
defendant cannot pay, he has to serve subsidiary imprisonment.
No.
WHAT IS THE COURT MANDATED TO DO BEFORE PLACING AN
ACCUSSED FOR PROBATION?
THE
COURT
DENY
THE
APPLICATION
FOR
1.
2.
3.
However, the court may in its discretion, provide for the manner
of payment of the civil liability by the accused during the period of
probation
WHAT IS THE DURATION OF THE PERIOD OF PROBATION?
PROBATION SHALL HAVE THE FOLLOWING PERIODS IN THE INSTANCES
BELOW:
1. If the defendant was sentenced to imprisonment of not more than
one year, probation shall not exceed 2 years
2. If the term of imprisonment is more than 1 year, probation shall
not exceed 6 years
3. If the penalty is only a fine and the offender is made to serve
subsidiary imprisonment in case of insolvency, the period of
probation shall not be less than nor be more than twice the total
number of days of subsidiary imprisonment. For example, if the
subsidiary imprisonment is 10 days, probation period should not
be less than 10 days and not more than 20 days.
CAN THE GRANT OF PROBATION BE REVOKED?
NO. After the period of probation, the court has to order the final
discharge of the probationer upon finding that he has fulfilled the
terms and conditions of his probation.
Only upon issuance of this order is the case terminated.
WHAT
ARE
THE
REQUISITES
FOR
THE
MOTION
FOR
RECONSIDERATION UNDER THIS RULE?
TO FILE A MOTION FOR RECONSIDERATION, THE FOLLOWING ARE THE
REQUISITES:
1. There must be judgment of conviction
2. Such judgment hasnt become final
3. The motion must be at the instance of the accused or by the court
motu proprio, with the consent of the accused
Fraud,
accident,
mistake and excusable
negligence;
newlydiscovered
evidence
are the only grounds
There has to be a
motion that has to be
filed
Sec. 2. Grounds for a new trial. The court shall grant a new trial
on any of the following grounds:
(a) That errors of law or irregularities prejudicial to the substantial
rights of the accused have been committed during the trial;
act
(b) That new and material evidence has been discovered which the
accused could not with reasonable diligence have discovered and
produced at the trial and which if introduced and admitted would
probably change the judgment.
WHAT ARE THE GROUNDS FOR A NEW TRIAL?
A PARTY MAY MOVE FOR NEW TRIAL ON THE FOLLOWING GROUNDS:
1. Errors of law or irregularities prejudicial to the substantial rights of
the accused have been committed during the trial
2. That new and material evidence has been discovered which the
accused couldnt with reasonable diligence have discovered and
No
BETWEEN
RECANTATION
AND
AFFIDAVIT
OF
RECANTATION
A witness who previously gave a
testimony subsequently declares
that his statement were not true
AFFIDAVIT OF DESISTANCE
The complainant states that he
didnt really intend to institute the
case and he is no longer interested
in testifying or prosecuting
It is only a ground for dismissing
the case only if the prosecution can
no longer prove the guilt of the
accused beyond reasonable doubt
without the testimony of the
offended party
(c) In all cases, when the court grants new trial or reconsideration,
the original judgment shall be set aside or vacated and a new
judgment rendered accordingly.
If the case was decided by the MTCs, the appeal should be made
with the RTC
If the case was decided by the RTCs, the appeal should be made
with the CA or SC in proper cases provided by law
If the case was decided by the CA, the appeal should be filed with
the SC
CAN THE PROSECUTION APPEAL A JUDGMENT OF ACQUITTAL?
No
Reason for the rule? An appeal would place the accused in double
jeopardy. However, the offended party may appeal the civil
aspect of the case.
HOW
File a notice of appeal
with the MTC and
serve a copy of the
notice to the adverse
party
CA
CA
CA
CA
RTC
where
penalty
imposed is death
By automatic review
SC
Petition for
under Rule 45
SC
Sandiganbayan
SC
Sandiganbayan
in
its
original
jurisdiction
where penalty imposed is
death
review
SC
Sandiganbayan
in
its
original
jurisdiction
where penalty is imposed
is life imprisonment or
reclusion perpetua
10
SC
Sandiganbayan
in
its
appellate
jurisdiction
where penalty imposed is
death,
reclusion
perpetua,
or
life
imprisonment
*These changes took place in the case of People v. Mateo, ponente was
Justice Vitug.
*WASNT THIS TANTAMOUNT TO THE COURT CHANGING THE
CONSTITUTION?
No. There is no amendment to the Constitution. The SC is mandated by
the Constitution anyhow to adopt rules of procedure.
This is not a
substantive right but only procedural. The accused is given another level
to review his case. He is placed in a better position.
Sec. 9. Appeal to the Regional Trial Courts. (a) Within five (5)
days from perfection of the appeal, the clerk of court shall transmit
the original record to the appropriate Regional Trial Court.
(c) Within fifteen (15) days from receipt of said notice, the
parties may submit memoranda or briefs, or may be required by
the Regional Trial Court to do so. After the submission of such
memoranda or briefs, or upon the expiration of the period to file
the same, the Regional Trial Court shall decide the case on the
basis of the entire record of the case and of such memoranda or
briefs as may have been filed.
Misappreciation of facts
guilt
Sec. 10. Transmission of records in case of death penalty. In all
cases where the death penalty is imposed by the trial court, the
records shall be forwarded to the Supreme Court for automatic
review and judgment within five (5) days after the fifteenth (15)
day following the promulgation of the judgment or notice of denial
of a motion for new trial or reconsideration. The transcript shall
also be forwarded within ten (10) days after the filing thereof by
the stenographic reporter.
Sec. 11. Effect of appeal by any of several accused. (a) An appeal
taken by one or more of several accused shall not affect those who
did not appeal, except insofar as the judgment of the appellate
court is favorable and applicable to the latter.
(b) The appeal of the offended party from the civil aspect shall
not affect the criminal aspect of the judgment or order appealed
from.
(c) Upon perfection of the appeal, the execution of the judgment
or final order appealed from shall be stayed as to the appealing
party.
A AND B WERE CONVICTED OF MURDER. ONLY A APPEALED FROM
THE CONVICTION. SHOULD THE DECISION OF THE APPELLATE
COURT BIND B?
It depends.
Nothing
Sec. 12. Withdrawal of appeal. - Notwithstanding perfection of the
appeal, the Regional Trial Court, Metropolitan Trial Court, Municipal
Trial Court in Cities, Municipal Trial Court, or Municipal Circuit Trial
Court, as the case may be, may allow the appellant to withdraw his
appeal before the record has been forwarded by the clerk of court
to the proper appellate court as provided in section 8, in which
case, the judgment shall become final. The Regional Trial Court
may also, in its discretion, allow the appellant from the judgment
The filing of criminal cases falling within the scope of this Rule
shall be either by complaint or by information: Provided, however,
that in Metropolitan Manila and in Chartered Cities, such cases
accused for trial, it shall order the dismissal of the case; otherwise,
the court shall set the case for arraignment and trial.
If the accused is in custody for the crime charged, he shall be
immediately arraigned and if he enters a plea of guilty, he shall
forthwith be sentenced.
Sec. 14. Preliminary conference. Before conducting the trial, the
court shall call the parties to a preliminary conference during which
a stipulation of facts may be entered into, or the propriety of
allowing the accused to enter a plea of guilty to a lesser offense
may be considered, or such other matters may be taken up to
clarify the issues and to ensure a speedy disposition of the case.
However, no admission by the accused shall be used against him
unless reduced to writing and signed by the accused and his
counsel. A refusal or failure to stipulate shall not prejudice the
accused.
WHEN DOES A PRELIMINARY CONFERENCE TAKE PLACE? WHAT
HAPPENS DURING A PRELIMINARY CONFERENCE?
Before conducting the trial, the court shall call the parties to a preliminary
conference during which
1. Stipulation of facts may be entered into
2. The propriety of allowing the accused to plead guilty to a lesser
offense may be considered
3. Other matters as may be taken up to clarify the issues and to
ensure a speedy disposition of the case
Sec. 15. Procedure of trial. At the trial, the affidavits submitted
by the parties shall constitute the direct testimonies of the
witnesses who executed the same. Witnesses who testified may be
subjected to cross-examination, redirect or re-cross examination.
Should the affiant fail to testify, his affidavit shall not be
considered as competent evidence for the party presenting the
affidavit, but the adverse party may utilize the same for any
admissible purpose.
Except in rebuttal or surrebuttal, no witness shall be allowed to
testify unless his affidavit was previously submitted to the court in
accordance with Section 12 hereof.
However, should a party desire to present additional affidavits or
counter-affidavits as part of his direct evidence, he shall so
The court shall not order the arrest of the accused except for
failure to appear whenever required.
Yes
It may also revive the case only after such requirement shall have
been complied with
Sec. 17. Judgment. Where a trial has been conducted, the court
shall promulgate the judgment not later than thirty (30) days after
the termination of trial.
WHEN DOES THE COURT NEED TO PROMULGATE JUDGMENT?
Where a trial has been conducted, the court shall promulgate the
judgment not later than thirty (30) days after the termination of
trial.
(l) Interventions.
WHAT PLEADINGS AND MOTIONS ARE PROHIBITED IN CASES
GOVERNED BY SUMMARY PROCEDURE?
The following are not allowed
1. A motion to dismiss the complaint or to quash the complaint or
information on the ground of lack of jurisdiction over the subject
matter, or failure to refer the case to the Lupon
2. Motion for bill of particulars
3. Motion for new trial, or for reconsideration of a judgment, or for
reopening of trial
4. Petition for relief from judgment
5. Motion for extension of time to file pleading, affidavits or other
paper
6. Memoranda
7. Petition for certiorari, mandamus, or prohibition against any
interlocutory order issued by the courts
8. Motion to declare the defendant in default
9. Dilatory motions for postponement
10. Reply
11. Third-party complaints
12. Interventions
Sec. 20. Affidavits. The affidavits required to be submitted
under this Rule shall state only facts of direct personal knowledge
of the affiants which are admissible in evidence, and shall show
their competence to testify to the matters stated therein.
A violation of this requirement may subject the party or the counsel
who submits the same to disciplinary action, and shall be cause to
expunge the inadmissible affidavit or portion thereof from the
record.
WHAT IS REQUIRED IN THE SUBMISSION OF AFFIDAVITS IN A
SUMMARY PROCEEDING?
4.
Within twenty (20) days from receipt of the brief of the appellee,
the appellant may file a reply brief traversing matters raised in the
former but not covered in the brief of the appellant.
5.
6.
It is violative of the rule that the judge must write the decision
personally
No.
In the event that the three (3) Justices can not reach a unanimous
vote, the Presiding Justice shall direct the raffle committee of the
Court to designate two (2) additional Justices to sit temporarily
with them, forming a special division of five (5) members and the
concurrence of a majority of such division shall be necessary for
the pronouncement of a judgment or final resolution. The
designation of such additional Justices shall be made strictly by
raffle and rotation among all other Justices of the Court of
Appeals.
OF
CRIMINAL
RESOLUTION
Acting on the recommendation of the Committee on Revision of the
Rules of Court submitting for this Court's consideration and
approval the Proposed Amendments to the Revised Rules of
The amendments shall take effect on October 15, 2004 following its
publication in a newspaper of general circulation not later than
September 30, 2004.
xxx
THE
CA
IS
PURELY
Sec. 14. Motion for new trial. At any time after the appeal from
the lower court has been perfected and before the judgment of the
Court of Appeals convicting the appellant becomes final, the latter
may move for a new trial on the ground of newly-discovered
evidence material to his defense. The motion shall conform with
the provisions of section 4, Rule 121.
CAN THE CA CONDUCT A NEW TRIAL?
THE
NEWLY-DISCOVERED
EVIDENCE
BE
For the reason that at some point in time, the case must end.
Sec. 15. Where new trial conducted. When a new trial is granted,
the Court of Appeals may conduct the hearing and receive evidence
as provided in section 12 of this Rule or refer the trial to the court
of origin.
Sec. 16. Reconsideration. A motion for reconsideration shall be
filed within fifteen (15) days from notice of the decision or final
order of the Court of Appeals with copies thereof served upon the
adverse party, setting forth the grounds in support thereof. The
mittimus shall be stayed during the pendency of the motion for
reconsideration. No party shall be allowed a second motion for
reconsideration of a judgment or final order.
WHEN SHOULD A MOTION FOR RECONSIDERATION BE FILED?
Sec. 17. Judgment transmitted and filed in trial court. When the
entry of judgment of the Court of Appeals is issued, a certified true
copy of the judgment shall be attached to the original record which
shall be remanded to the clerk of the court from which the appeal
was taken.
WHAT SHOULD BE DONE AFTER THE JUDGMENT OF THE CA HAS
BECOME FINAL?
An exception is that when all are not present, majority of all those
present/who constitute a quorum and actually participated in the
deliberations.
o
There must be a quorum
o
Majority of those who participated and voted shouldnt be
less than 5
Facts and circumstances that would engender a wellgrounded belief that a crime has been committed and the
person to be charged is probably guilty thereof
2. Probable cause in the issuance of a search warrant
Facts and circumstances that would engender a wellgrounded belief that a crime has been committed and the
person to be arrested committed it
3.
4.
5.
6.
7.
It is void for the law requires that a warrant of arrest should only
be issued in connection with one specific offense
A WARRANT WAS ISSUED FOR THE SEIZURE OF DRUGS CONNECTED
WITH THE VIOLATION OF THE DANGEROUS DRUGS ACT. IS THE
WARRANT VALID?
Even if the object was related to the crime, but it is not mentioned
in the warrant nor is it mala prohibita, it still cannot be seized
POLICE OFFICERS WENT TO THE HOUSE TO EXECUTE A SEARCH
WARRANT. THEY FOUND A PISTOL ON THE TABLE, BUT THE PISTOL
WASNT INCLUDED IN THE SEARCH WARRANT. CAN THEY SEIZE
THE PISTOL?
No.
The two-witness rule can only apply when there is absence of the
lawful occupants of the premises searched.
In this case, they locked the occupants in a room while doing the
search and seizure and used 2 witnesses who werent the
occupants of the premises.
Sec. 9. Time of making search. The warrant must direct that it be
served in the day time, unless the affidavit asserts that the
property is on the person or in the place ordered to be searched, in
which case a direction may be inserted that it be served at any time
of the day or night.
WHEN SHOULD THE SEARCH WARRANT BE EXECUTED?
But in certain cases, such as when the things seized are mobile or
are in the person of the accused, it can be served during nighttime
Sec. 10. Validity of search warrant. A search warrant shall be
valid for ten (10) days from its date. Thereafter, it shall be void.
It is valid for 10 days, after which the police officer should make a
return to the judge who issued it
If the return was made, the judge should determine if the peace
officer issued the receipt to the occupant of the premises from
which the things were taken.
The judge shall also order the delivery to the court of the things
seized.
No, of the purpose for which it was issued has already been
carried out, the warrant cannot be used anymore.
Sec. 11. Receipt for the property seized. The officer seizing the
property under the warrant must give a detailed receipt for the
same to the lawful occupant of the premises in whose presence the
search and seizure were made, or in the absence of such occupant,
must, in the presence of at least two witnesses of sufficient age
and discretion residing in the same locality, leave a receipt in the
place in which he found the seized property.
WHAT IS THE DUTY OF THE OFFICER WHEN HE SEIZES THE
PROPERTY?
The officer seizing the property under the warrant must give a
detailed receipt for the same to the lawful occupant of the
premises in whose presence the search and seizure were made,
or in the absence of such occupant, must, in the presence of at
least two witnesses of sufficient age and discretion residing in the
same locality, leave a receipt in the place in which he found the
seized property.
CAN THE OWNER OF THE THINGS SEIZED BE MADE TO SIGN THE
RECEIPT?
(a) The officer must forthwith deliver the property seized to the
judge who issued the warrant, together with a true inventory
thereof duly verified under oath.
(b) Ten (10) days after issuance of the search warrant, the issuing
judge shall ascertain if the return has been made, and if none, shall
summon the person to whom the warrant was issued and require
him to explain why no return was made. If the return has been
made, the judge shall ascertain whether section 11 of this Rule has
been complied with and shall require that the property seized be
delivered to him. The judge shall see to it that subsection (a)
hereof has been complied with.
(c) The return on the search warrant shall be filed and kept by the
custodian of the log book on search warrants who shall enter
therein the date of the return, the result, and other actions of the
judge.
A violation of this section shall constitute contempt of court.
WHAT IS THE DUTY OF THE OFFICER AFTER THE PROPERTY
SOUGHT UNDER THE SEARCH WARRANT HAS BEEN SEIZED?
The officer must forthwith deliver the property seized to the judge
who issued the warrant, together with a true inventory thereof
duly verified under oath.
Sec. 13. Search incident to lawful arrest. A person lawfully
arrested may be searched for dangerous weapons or anything
Accused seeks the reversal of his conviction for violating the Dangerous
Drugs Act. He was found guilty of selling marijuana leaves to a police
officer in an entrapment operation.
HELD:
There is no doubt that the warrantless search incidental to a lawful arrest
authorizes the arresting officer to make a search upon the person of the
person arrested. Hence, in a buy-bust operation conducted to entrap a
drug-pusher, the law enforcement agents may seized the marked money
found on the person of the pusher immediately after the arrest even
without arrest or search warrants. Furthermore, it may extend beyond to
include the premises or surroundings under his immediate control.
PEOPLE V. BURGOS - 144 SCRA 1
FACTS:
Due to an information given by a person, who allegedly was being forcibly
recruited by accused to the NPA, the members of the Constabulary went to
the house of accused, asked about his firearm and documents connected to
subversive activities. Accused pointed to where his firearm was as well as
his other documents allegedly.
HELD:
The right of the person to be secure against any unreasonable seizure of
his body and any deprivation of liberty is a most basic and fundamental
one. The statute or rule, which allows exceptions to the requirement of
warrants of arrest is strictly construed. Any exception must clearly fall
within the situations when securing a warrant would be absurd or is
manifestly unnecessary as provided by the Rule. We cannot liberally
construe the rule on arrests without warrant or extend its application
beyond the cases specifically provided by law. To do so would infringe
upon personal liberty and set back a basic right so often violated and so
deserving of full protection.
WHO SHOULD GIVE CONSENT TO A WARRANTLESS SEARCH AND
WHAT ARE THE REQUISITES?
Only the person whose right may be violated can give the
consent; it is a personal right that cannot be availed of by third
parties. The requisites are:
1. The person has knowledge of his right against the search
2. He freely and intelligently gives his consent in spite of such
knowledge
WHAT ARE THE REQUISITES FOR THE PLAIN VIEW DOCTRINE TO
APPLY?
1.
2.
3.
4.
MOVES
FOR
THE
SUSPENSION
OF
THE
PRELIMINARY
INVESTIGATION. VALID AND PROPER?
The result of one will not affect the other. One deals on probable
cause on whether there are facts and circumstances that would
engender a well-founded belief that a crime has been committed
and the accused is probably guilty thereof. The other deals on
whether the things and objects were seized legally or not.
NO, the permission didnt include the room to room search and
anything confiscated will be inadmissible
No, only the court that ordered its confiscation may release the
object
IF THE ARRESTED PERSON SIGNS THE RECEIPT OF THE PROPERTY
SEIZED WITHOUT THE ASSISTANCE OF COUNSEL, IS THE RECEIPT
ADMISSIBLE?
NOTES