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CRIMINAL PROCEDURE

Criminal procedure is the method fixed by law for the apprehension and prosecution of one
who is charged with a criminal offense and for his punishment if found guilty.1
[A] GENERAL MATTERS
1. Jurisdiction over subject matter vs. jurisdiction over person of the accused
OVER SUBJECT MATTER
Derived from the law; can never be acquired
solely by consent of the accused
Objection that the court has no jurisdiction
over the subject matter may be made at any
stage of the proceeding; the right to make
such objection is never waived

OVER PERSON OF ACCUSED


May be acquired by consent of the accused
If the accused fails to make his objection on
time, he will be deemed to have waived it

2. Requisites for exercise of criminal jurisdiction


(a) Jurisdiction over the person (of the accused): may be acquired
through compulsory process such as a warrant of arrest or through
voluntary appearance, such as when the accused surrenders to the police
or to the court2
(b) Jurisdiction over the territory: the offense should have been committed
or any one of its essential ingredients should have taken place within the
territorial jurisdiction of the court3
(c) Jurisdiction over the subject matter: the power to hear and determine
cases of the general class to which the proceedings in question belong4
3. Jurisdiction of criminal courts
SUPREME COURT
Original
1. Exclusive: petitions for certiorari, prohibition, and mandamus against the Court of
Appeals and the Sandiganbayan
2. Concurrent:
(a) With the Court of Appeals: petitions for certiorari, prohibition, and mandamus against
the Regional Trial Courts
(b) With the Court of Appeals and Regional Trial Courts: petitions for certiorari,
prohibition, and mandamus against the lower courts
(c) With the Sandiganbayan: petitions for mandamus, prohibition, certiorari, habeas
corpus, injunctions, and ancillary writs in aid of its appellate jurisdiction and over
1 Francisco, Criminal Procedure (1994 ed.)
2 Pico vs. Combing, Jr. (A.M. No. RTJ-91-764, November 6, 1992)
3 Treas vs. People (G. R. No. 195002, January 25, 2012)
4 Reyes vs. Diaz (G.R. No. L-48754, November 26, 1941)

petitions of similar nature, including quo warranto arising or that may arise in cases
filed or under EOs 1, 2, 14, and 14-A, s. 1986
Exclusive Appellate
1. By appeal:
(a) From the Regional Trial Courts in all criminal cases involving offenses for which the
penalty is reclusion perpetua or life imprisonment, and those involving other offenses
which, although not so punished, arose out of the same occurrence of which may
have been committed by the accused on the same occasion
(b) Automatic review in criminal cases where the death penalty is imposed
2. By petition for review on certiorari:
(a) From the Court of Appeals
(b) From the Sandiganbayan
(c) From the Regional Trial Courts where only an error or question of law is involved

1.
2.

1.
2.

COURT OF APPEALS
Original
Exclusive: actions for annulment of judgments of the Regional Trial Courts
Concurrent:
(a) With the Supreme Court: petitions for certiorari, prohibition, and mandamus against
the Regional Trial Courts
(b) With the Supreme Court and Regional Trial Courts: petitions for certiorari, prohibition,
and mandamus against the lower courts
Exclusive Appellate
By appeal: from the Regional Trial Courts in cases commenced therein, except those
appealable to the Supreme Court or the Sandiganbayan
By petition for review: from the Regional Trial Courts in cases appealed thereto from the
lower courts and not appealable to the Sandiganbayan
SANDIGANBAYAN
Original

1. Exclusive:
(a) Violations of R.A. 3019, as amended (Anti-Graft and Corrupt Practices Act), R.A.
1379, and Chapter II, Section 2, Title VII, Book II of the Revised Penal Code, where
one or more of the accused are officials occupying the following positions in
government, whether in permanent, acting, or interim capacity, at the time of the
commission of the offense:
i. Officials of the executive branch occupying the positions of regional director or
higher, otherwise classified as Grade 27 and higher under R.A. 6758
(Compensation and Position Classification Act of 1989), specifically including:
Provincial governors, vice-governors, members of the sangguniang
panlalawigan, and provincial treasurers, assessors, engineers, and other
provincial department heads
City mayors, vice-mayors, members of the sangguniang panlungsod, city
treasurers, assessors, engineers, and other city department heads
Officials of the diplomatic service occupying the position of consul and higher
Philippine army and air force colonels, naval captains, and all officers of higher
rank
Officers of the Philippine National Police while occupying the position of
provincial director and those holding the rank of senior superintendent or
higher

City and provincial prosecutors and their assistants, and officials and
prosecutors in the Office of the Ombudsman and special prosecutors
Presidents, directors or trustees, or manages of government-owned or
controlled corporations, state universities, or educational institutions or
foundations
ii. Members of Congress and officials thereof classified as Grade 27 and up under
R.A. 6758
iii. Members of the Judiciary without prejudice to the provisions of the Constitution
iv. Chairmen and members of constitutional commissions, without prejudice to the
provisions of the Constitution
v. All other national and local officials classified as Grade 27 and higher under R.A.
6758
(b) Other offenses or felonies whether simple of complexed with other crimes committed
in relation to their office by the above-mentioned public officials and employees5
(c) Civil and criminal cases filed pursuant to and in connection with EOs 1, 2, 14, and 14A, s. 1986
Provided, that the information (a) alleges any damage to the government or any
bribery; or (b) alleges damage to the government or bribery arising from the same
or closely related transactions/acts in an amount exceeding P1,000,0006
2. Concurrent:
(a) With the Supreme Court: petitions for mandamus, prohibition, certiorari, habeas
corpus, injunctions, and ancillary writs in aid of its appellate jurisdiction and over
petitions of similar nature, including quo warranto arising or that may arise in cases
filed or under EOs 1, 2, 14, and 14-A, s. 1986
Exclusive Appellate
1. By appeal: from the Regional Trial Courts in cases under P.D. 1606, as amended by P.D.
1861, whether the cases were decided by them in the exercise of their original or
appellate jurisdiction
REGIONAL TRIAL COURTS
Exclusive Original
1. All criminal cases not within the exclusive jurisdiction of any court/tribunal/body
2. Cases otherwise within the exclusive original jurisdiction of the Sandiganbayan, where
the information (a) does not allege any damage to the government or any bribery; or (b)
alleges damage to the government or bribery arising from the same or closely related
transactions or acts in an amount not exceeding P1,000,0007
Exclusive Appellate
All cases decided by lower courts in their respective territorial jurisdictions
METROPOLITAN, MUNICIPAL, AND MUNICIPAL CIRCUIT TRIAL COURTS

5 Sec. 4(a), P.D. 1606, as amended by R.A. 7975


6 Sec. 2, R.A. 10660, amending the jurisdiction of the Sandiganbayan
7 Ibid.

1.
2.

3.

1.
2.
3.
4.

Exclusive Original
All violations of city or municipal ordinances committed within their respective territorial
jurisdictions
All offenses punishable with imprisonment of not more than 6 years irrespective of the
amount of fine, and in all cases of damage to property through criminal negligence,
regardless of other penalties and the civil liabilities arising therefrom
All offenses (except violations of R.A. 3018, R.A. 1379, and Arts. 210 to 2012, RPC)
committed by public officers and employees in relation to their office, including those
employed in government-owned or controlled corporations, and by private individuals
charged as co-principals, accomplices or accessories, punishable with imprisonment of
not more than 6 years or where none of the accused holds a position of Salary Grade 27
and higher
Summary Procedure
Traffic violations
Violations of the rental law
Violations of city or municipal ordinances
All other offenses where the penalty does not exceed 6 months imprisonment and/or
P1,000 fine, irrespective of other penalties or civil liabilities arising therefrom, and in
offenses involving damage to property through criminal negligence where the imposable
fine does not exceed P10,000

4. When injunction may be issued to restrain criminal prosecution [i.e.


criminal actions, when enjoined]
GR:

Injunction will not lie to enjoin a criminal prosecution because public


interest requires that criminal acts be immediately investigated and
prosecuted for the protection of society.8
XPN: Injunction will lie:
(a) To afford adequate protection to the constitutional rights of the
accused
(b) When necessary for the orderly administration of justice or to avoid
oppression or multiplicity of actions
(c) When there is a pre-judicial question which is sub judice
(d) When the acts of the officer are without or in excess of authority
(e) Where the prosecution is under an invalid law, ordinance or
regulation
(f) When double jeopardy is clearly apparent
(g) Where the court has no jurisdiction over the offense
(h) Where there is a case of persecution rather than prosecution
(i) Where the charges are manifestly false and motivated by lust for
vengeance
(j) When there is clearly no prima facie case against the accused and a
motion to quash on that ground has been denied
(k) Where preliminary injunction has been issued by the Supreme Court
to prevent the threatened unlawful arrest of petitioners9
[B] PROSECUTION OF OFFENSES
8 Asutilla vs. PNB (G.R. No. L-51354, January 15, 1986)
9 People vs. Grey (G.R. No. 180109, July 26, 2010)

1. Criminal actions, how instituted10


(a) For offenses where a preliminary investigation is required (per Rule
112, Sec. 1): filing the complaint with the proper officer for the purpose of
conducting the requisite preliminary investigation
(b) For all other offenses: filing the complaint or information directly with the
Municipal Trial Courts and Municipal Circuit Trial Courts, or the complaint
with the office of the prosecutor; in Manila and other chartered cities, the
complaint shall be filed with the office of the prosecutor unless otherwise
provided in their charters
2. Crimes that cannot be prosecuted de officio; who may institute actions on
them11
GR:

Crimes are prosecuted de officio (by complaint/information filed by


prosecutor)
XPN: Private crimes are those which may only be prosecuted by way of a
complaint filed by the private offended party, viz.:
(a) Concubinage
(b) Adultery
Re: adultery and concubinage: only the offended spouse may
file a complaint, provided (1) the guilty parties are to be
included if both are alive; and (2) the offended party has not
consented to the offense or pardoned the offenders
(c) Seduction
(d) Abduction
(e) Acts of lasciviousness
Re: seduction, abduction, and acts of lasciviousness: only the
following can file a complaint, in this order (1) the offended
party; (2) the offended partys parents; (3) the offended
partys grandparents; (4) the offended partys guardian; or (5)
the State [where the offended party dies or becomes
incapacitated before a complaint was filed, or has no known
parents, grandparents, or guardian]
GR:

A minor offended party can file a complaint for


seduction, abduction, or acts of lasciviousness
independently of his/her parents, grandparents, or
guardian.
XPN: When the minor is:
(1) Incompetent
(2) Incapable of doing so
(f) Defamation imputing to a person any of the foregoing crimes
Only the party or parties defamed can file a complaint12
(g) Others:
10 Rule 110, Sec. 1
11 Rule 110, Sec. 5
12 Art. 260, last par., RPC

Crimes which, by their nature, cannot be prosecuted de officio


(e.g. rape, now classified as a crime against persons via R.A.
8353)
Violations of R.A. 7610 the complaint may be filed by the ff.:
(1) Offended party;
(2) Parents/guardians;
(3) Ascendant/collateral relative w/in 3rd degree of
consanguinity;
(4) Officer, social worker, or representative of a licensed childcaring institution;
(5) Officer or social worker of the DSWD;
(6) Barangay chairman; or
(7) At least 3 concerned responsible citizens residing in the
place where the violation occurred.13

3. Event subsequent to filing (death, desistance, pardon)


(a) Death of offended party
(b) Desistance by offended party
(c) Pardon by offended party
4. Control of prosecution14
GR:

All criminal actions commenced by complaint or information shall be


prosecuted under the direction and control of the public prosecutor.
XPN: The private prosecutor (private counsel) may prosecute the case
where:
(1) The public prosecutor has heavy work schedule; or
(2) There is a lack of public prosecutors.
The private prosecutor must be authorized in writing by the Chief of the
Prosecution Office or the Regional State Prosecutor, subject to the courts
approval.
5. Sufficiency of complaint or information
COMPLAINT
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 violated15
13 Sec. 27, R.A. 7610
14 Note 11, supra
15 Rule 110, Sec. 3
16 Rule 110, Sec. 4

INFORMATION
An accusation in writing charging a person
with an offense, subscribed by the prosecutor
and filed with the court16

(a) Form of a valid complaint or information:17


In writing
In the name of the People of the Philippines
Against all persons responsible for the offense involved
(b) A complaint/information is sufficient where it states the:18
Name of the accused
Designation of the offense given by the statute
Acts or omissions complained of as constituting the offense
Name of the offended party
Approximate date of the commission of the offense
Place where the offense was committed
6. Designation of offense, cause of the accusation
(a) Rules in designation of offenses:
The name given to the offense by statute must be stated in the
complaint or information; if the statute gives no designation to the
offense, then reference must instead be made to the
section/subsection punishing it19
An averment of the acts or omissions complained of as constituting
the offense must be included20
The acts or omissions complained of as constituting the
offense must be stated in ordinary and concise language so
as to:
(1) Enable a person of common understanding to know
what offense is intended to be charged; and
(2) Enable the court to pronounce proper judgment21
The complaint or information must also specify the qualifying and
aggravating circumstances of the offense, otherwise they cannot be
considered by the court22
(b) Allegations prevail over the designation of the offense. It is not the
designation that is controlling in the determination of the nature of the
crime, but the facts alleged in the information.23

17 Rule 110, Sec. 2


18 Rule 110, Sec. 6
19 Rule 110, Sec. 8
20 Ibid.
21 Rule 110, Sec. 9
22 Catiis vs. CA (G.R. No. 153979, February 9, 2006)
23 People vs. Valdez (G.R. No. 175602, January 18, 2012)

7. Duplicity of the offense; exception


(a) Duplicity of charges contemplates a single complaint or information that
charges more than one offense. The Rules of Court prohibit the filing of
duplicitous informations to avoid confusing the accused in preparing his
defense.24
(b) Duplicity rule:
GR:
A complaint or information must charge only one offense
XPN: When the law provides only one punishment for the various
offenses charged25 (i.e. complex and compound crimes under Art.
48 of the RPC and special complex crimes)
(c) Remedy in case of duplicity: the accused should move for quashal
before arraignment,26 otherwise he is deemed to have waived the
objection and may be found guilty of as many as those charged and
proved during trial27
8. Amendment or substitution of complaint or information
(a) Formal amendment:
Neither affects nor alters the nature of the offense charged; or
Does not deprive the accused of a fair opportunity to present his
defense; or
Does not involve a change in the basic theory of his prosecution
(b) Substantial amendment: covers matters involving the recital of facts
constituting the offense charged and determinative of the jurisdiction of
the court28
(c) Amendment before plea:
GR:
Before plea, a complaint or information can be amended in
form or in substance without leave of court
XPN: If the amendment will downgrade the offense or drop an accused
from the complaint or information, the following requisites must
concur:
(1) Made upon motion of the prosecutor
(2) With notice to the offended party
(3) With leave of court

24 Soriano vs. People (G.R. Nos. 159517-18, June 30, 2009)


25 Rule 110, Sec. 13
26 Rule 117, Sec. 3
27 Rule 120, Sec. 3
28 Almeda vs. Villaluz (G.R. No. L-31665, August 6, 1975)

(4) The court must state its reason in resolving the motion
(5) Copies of the courts resolution should be furnished all
parties, especially the offended party
(d) Amendment after plea: only formal amendments may be made but with
leave of court and when it can be done without causing prejudice to the
rights of the accused
Test of prejudice: (1) when the defense of the accused under the
complaint or information as it originally stood would no longer be
available after the amendment is made; and (2) when any evidence
the accused might have would be inapplicable to the complaint or
information as amended29
(e) Substitution is the dismissal of the original complaint or information upon
the filing of a new one charging the proper offense, provided the following
concur:
No judgment has yet been rendered
The accused cannot be convicted of the offense charged or of any
other offense necessarily included therein
The accused would not be placed in double jeopardy30
(f) Amendment and substitution, distinguished:
AMENDMENT
SUBSTITUTION
May involve either formal or substantial Involves a substantial change from
changes
original charge
Amendment before plea can be effected Must be with leave of court as the orig
without leave of court
information has to be dismissed
Amendment as to form will not require Substitution of the information entails anot
another preliminary investigation and preliminary investigation and plea to the n
retaking of plea of the accused
information
An amended information refers to the same Requires or presupposes that the n
offense charged in the original information or information involves a different offense wh
to an offense which necessarily includes or does not include or is not necessa
is necessarily included in the original included in the original charge; hence,
charge, hence substantial amendments to accused cannot claim double jeopardy
the information after the plea has been
taken cannot be made over the objection of
the accused, for if the original would be
withdrawn, the accused could invoke double
jeopardy
9. Venue of criminal actions
GR:

Subject to existing laws, a criminal action shall be instituted and tried in

29 People vs. Montenegro (G.R. No. 45772, March 25, 1988)


30 Rule 110, Sec. 14

the court of the municipality or territory where the offense was committed
or any of its essential elements occurred.
XPN: (1) An offense was committed on a railroad train, in an aircraft, or
in any other public or private vehicle in the course of its trip: in
the court of any municipality or territory where such train, aircraft, or
other vehicle passed during such trip, including the place of
departure and arrival
(2) An offense is committed on board a vessel on its voyage: in the
proper court of the first port of entry or of any municipality or territory
through which the vessel passed during such voyage, subject to
generally accepted principles of international law
(3) Art. 2, RPC: in the proper court where the criminal action was first
filed
(4) Continuous or transitory crimes: in the court of any jurisdiction
wherever the offender may be found, but the complainant should
allege that the offense was committed within the jurisdiction of the
court
(5) Piracy: triable anywhere
(6) Libel: in the court of the city or municipality where
(a) The libelous article was printed and first published;
(b) If one of the offended parties is a private individual, where said
private individual actually resides at the time of the commission
of the offense;
(c) If the offended party is a public official, where the official holds
office at the time of the commission of the offense
(7) B.P. 22 cases: in the court of the place where the check was
dishonored
Re: crossed check: the place of the depositary or collecting
bank
10. Intervention of offended party
GR:

The offended party has the right to intervene by counsel in the


prosecution of the criminal action, where the civil action for the recovery
of civil liability is instituted in the criminal action pursuant to Rule 111
XPN: (1) Where from the nature of the crime and the law defining and
punishing it, no civil liability arises in favor of the offended party
(2) Where the offended party has (a) waived his right to civil indemnity;
(b) expressly reserved his right to institute a separate civil action; or
(c) already instituted said action
[C] PROSECUTION OF CIVIL ACTION
1. Rule on implied institution of civil action with criminal action 31
GR:

31 Rule 111, Sec. 1

When a criminal action is instituted, the civil action for the recovery of civil

liability is impliedly instituted with the criminal action


XPN: Where the offended party:
(1) Waives the civil action
(2) Reserves his right to institute it separately
(a) Effect: the prescriptive period of the civil action reserved shall be
tolled
(b) The reservation should be made (a) before the prosecution
starts to present its evidence; and (b) under circumstances
affording the offended party a reasonable opportunity to make
such reservation
(c) Reservation may be implied
(d) Failure of the court to pronounce judgment as to civil liability
amounts to reservation of the right to a separate civil action
(e) Instances where reservation is not allowed:
i. Criminal action for violation of B.P. 22
ii. Claim arising from an offense cognizable by the
Sandiganbayan
iii. Tax cases
(3) Institutes the civil action prior to the criminal action
Civil actions not deemed impliedly instituted:
(1) Actions arising from sources of obligation other than delict (e.g. Art. 2176)
(2) Independent civil actions under Arts. 32-34, Civil Code
[The term independent civil action under Rule 111 (and as
discussed in this chapter) also covers actions based on quasi-delict
(Art. 2176)]32
Rules on independent civil actions:
(1) Proceeds independently of the criminal action without the
suspension of either proceeding, and regardless of the
result of the latter33
(2) May be prosecuted separately even without reservation34
(3) Requires only a preponderance of evidence
(4) May be consolidated with the criminal action in the court
trying the same before judgment on the merits in the civil
action and by motion of the offended party [XPN:
Consolidation of a collection case and a criminal case
pending with the Sandiganbayan cannot be made as said
court has no jurisdiction over the former]
Effect when consolidation is given due course:
evidence presented and admitted in the civil case shall
be deemed automatically reproduced in the criminal
action without prejudice to admission of additional
evidence and right to cross-examination35
32 Rule 111, Sec. 3
33 Rule 111, Sec. 5
34 DMPI Employees Credit Cooperative vs. Velez (G.R. No. 129282, November 29, 2001)
35 Rule 111, Sec. 2

2. When separate civil action is suspended


GR:

A separate civil action is suspended:


(1) If, after the filing of the criminal action, the civil action which has been
reserved cannot be instituted until final judgment has been rendered
in the criminal action36
(2) If the civil action is instituted before the filing of the criminal action
and the criminal action is subsequently suspended; the pending civil
action shall be suspended until final judgment in the criminal action
has been rendered
XPN: (1) Independent civil actions
(2) Cases where the civil action presents a prejudicial question
(3) Cases where the civil action is consolidated with the criminal action
(4) Where the civil action is not one intended to enforce civil liability ex
delicto
3. Effect of acquittal of the accused on civil action37
(a) Acquittal was on the merits: civil liability ex delicto is extinguished
(b) Acquittal was based on reasonable doubt: civil liability ex delicto may still
be awarded if proven by preponderance of evidence
(c) Other instances where acquittal is not a bar to a civil liability award:
Where there is a declaration in the decision that the liability of the
accused is not criminal, but only civil in nature
Where the civil liability is not derived from or based on the criminal
act of which the accused is acquitted [XPN: civil liability is
extinguished if the decision contains a finding that the act from which
the civil liability may arise does not exist]
4. Effect of death of the accused or convict on civil action
(a) Accused died after arraignment and pending the criminal action*
GR:
Civil liability ex delicto is extinguished
XPN: The following civil liabilities are not extinguished:
(1) Independent civil actions
(2) Civil liability predicated on other sources of obligations, the
action for which is subsequently instituted
(b) Accused died before arraignment
Offended party may file the civil action against the estate of the
diseased
(c) Accused died pending appeal
Civil liability ex delicto is extinguished
Civil liability predicated from other sources survives*
NOTES:
1. * - The civil action may be continued against the estate or legal representative of the
accused after proper substitution, as the case may be38
2. Where the civil liability survives, it may be pursued by the filing of a separate civil
36 Ibid.
37 Sanchez vs. Far East Bank and Trust Co. (G.R. No. 155309, November 15, 2005)

action [XPN: when the civil action is waived, reserved, or instituted prior to the
institution of the criminal action]
(d) Accused died after final appeal39
Pecuniary liabilities of the accused are not extinguished
Claims shall be filed against the estate of the accused
Independent civil actions and those filed to enforce liability from
other sources of obligation may be filed against (1) the estate
or legal representative of the accused after proper
representation, or (2) against said estate, as the case may be40
5. Prejudicial question
(a) Definition: a question which arises in a case the resolution of which is a
logical antecedent of the issue(s) involved in said cases, and the
cognizance of which pertains to another tribunal41
(b) Elements:
Two actions: one civil, one criminal
Re: where one of the proceedings is administrative:
GR:
No prejudicial question, as it is essential that a civil
case and a criminal case are involved for the principle
to apply
XPN: (1) The acquittal of a civil service employee in a
malversation case entitles him to exoneration in the
administrative case based on the same acts
involved in the criminal action 42 in view of the civil
service guaranty that he cannot be removed except
for cause43
(2) Where an administrative case was filed against
policemen who filed a civil action for damages

38 Rule 111, Sec. 4


39 Rule 86, Sec. 5
40 Ibid.
41 Lu Hayco vs. CA (G.R. Nos. L-49607-13, L-55775-86, August 26, 1985)
42 People vs. Consigna (G.R. No. L-18087, August 31, 1965)
43 Gatmaitan vs. Manila Railroad Co. (G.R. No. L-19892, September 25, 1967)

against the complainant by reason of the filing of


the administrative charge, there is a possibility that
the court, in deciding the civil case, might declare
the policemen victims of the harassment alleged,
thereby indirectly interfering with the administrative
proceedings; on the other hand, the administrative
body may hand down an adverse decision, thereby
rendering their civil action baseless and without a
cause of action; thus, the civil action must be
suspended pending resolution of the administrative
case44
The civil action must be instituted prior to the criminal action
The civil action involves an issue similar or intimately related to the
issue raised in the subsequent criminal action
Resolution of the issue determines whether the criminal action
proceeds45
Jurisdiction to try said question must be lodged in another tribunal46
Re: other tribunal: may be the same court itself (trying the
criminal action) but exercising jurisdiction over the civil action47
(c) How raised: by petition for suspension of proceedings (in the criminal
case)48
(d) When raised, and with whom:
During preliminary investigation with the office of the prosecutor; or
Before the prosecution rests its case, in the court trying the criminal
case49
(e) Effect(s): the criminal action is suspended, pending the resolution of the
prejudicial question in the civil action50
6. Rule on filing fees in civil action deemed instituted with the criminal action
(a) Rules:
DAMAGES
PRAYED FOR51

RULE(S)

44 Ocampo vs. Buenaventura (G.R. No. L-32293, January 24, 1974)


45 Rule 111, Sec. 7
46 People vs. Consing (G.R. No. 148193, January 16, 2003)
47 Falgui vs. Provincial Fiscal of Batangas (G.R. No. L-27523, February 25, 1975)
48 Rule 111, Sec. 6
49 Ibid.
50 Id.

No filing fee required52


MENTAL
B.P. 22 cases
Filing fees = amount of check involved53
Filing fee(s):
(1) Based on amount alleged in complaint/information
(2) Paid by the offended party upon the filing of the
complaint/information in court54
(3) [excluding liquidated damages] Where the
MENTAL
amount of damages is not specified in the
complaint/information: the filing fees shall
constitute a first lien on the judgment awarding
such damages55
(b) Extent of damages that may be awarded as civil liability ex delicto:
(c) Effect of failure to plead damages in the complaint/information:
GR:
XPN:

PROBABLE CAUSE
Probable cause is the existence of such facts and circumstances as would excite the belief,
in a reasonable mind, (a) [executive determination] acting on the facts within the
knowledge of the prosecutor, that the person charged was guilty of the crime for
which he was prosecuted;56 or (b) [judicial determination] that a crime has been
committed and that it was likely committed by the person sought to be arrested.57

Executive
determination of
probable cause

Filing of
information or
dismissal of
charge against
respondent

Judicial
determination of
probable cause

[D] PRELIMINARY INVESTIGATION


1. Overview

51 MENTAL is the most commonly used mnemonic for the different kinds of damages
52 Note 31, supra
53 Item No. 2, SC Circular No. 57-97
54 Note 31, supra
55 Ibid.
56 Unilever vs. Tan (G.R. No. 179367, January 29, 2014)
57 Clay & Feather International vs. Lichaytoo (G.R. No. 193105, May 30, 2011)

Issuance of
warrant of arrest
(or commitment
order)

(a) Definition: an inquiry or proceeding to determine whether there exists


sufficient ground to engender a well-founded belief that a crime has been
committed and respondent is probably guilty thereof, and should be held
for trial58
(b) Nature of right: while statutory rather than constitutional, the right to
preliminary investigation is a component part of criminal due process; it is
not a mere formal or technical right, but a substantive one; to deny an
accuseds claim to preliminary investigation would be to deprive him of the
full measure of his right to due process59
(c) Purposes:
Executive determination of probable cause: to determine whether a
crime has been committed, and whether there is probable cause to
believe that the accused is guilty
Due process: to secure the innocent against hasty, malicious, and
oppressive prosecution, and to protect him from open and public
accusation of a crime
2. When conducted
GR:

Before the filing of a complaint/information for offenses punishable by


imprisonment of at least 4 years, 2 months, and 1 day, without regard to
the fine60
XPN: (1) Where a valid warrantless arrest was made for an offense requiring
preliminary investigation, provided an inquest has been conducted
Inquest is an informal and summary investigation conducted
by a public prosecutor in criminal cases involving persons
arrested without benefit of a warrant of arrest, for the purpose
of determining whether said persons should remain under
custody and correspondingly be charged in court61 (see 7.
Inquest procedure in subsequent pages)
(2) Where the penalty prescribed by law for the offense concerned is
imprisonment of less than 4 years, 2 months, and 1 day

58 Rule 112, Sec. 1


59 Go vs. CA (G.R. No. L-101837, February 11, 1992)
60 Note 57, supra
61 DOJ Circ. No. 61, s. 1993, Sec. 1

3. Who may conduct [i.e. who handles executive determination of probable


cause]
(a) Provincial/City Prosecutors and their assistants
(b) National/Regional State Prosecutors
(c) Other officers as may be authorized by law
Election cases: COMELEC62
Complaints against public officers and government employees,
including those of GOCCs, whether the offense is cognizable by the
Sandiganbayan or the regular courts: Ombudsman and deputies63
4. How conducted64

STEP 1

STEP 2

STEP
3A

STEP

The COMPLAINT with AFFIDAVITS AND OTHER


SUPPORTING DOCUMENTS is filed with the investigating
prosecutor; within 10 days from filing, the investigating prosecutor
may DISMISS (END) or ISSUE A SUBPOENA (go to STEP 2)
Within 10 days from receipt of subpoena, respondent shall
SUBMIT A COUNTER-AFFIDAVIT and OTHER SUPPORTING
DOCUMENTS
(1) If respondent submits a counter-affidavit on time, go to STEP
3A
(2) If respondent fails to submit on time, go to STEP 3B
(3) If respondent cannot be subpoenaed, go to STEP 3B
Q
:
A:

What if respondent submits a motion to dismiss


instead?
GR:
Here, a motion to dismiss is a mere scrap of paper
Failure to later submit a counter-affidavit
within the time set by the Rules constitute
waiver to file such
XPN: Where the motion to dismiss
contains
countervailing evidence and defenses rebutting or
repudiating the charges, it will be treated as a
counter-affidavit

INVESTIGATION PROPER
[Optional] Within 10 days from submission of counteraffidavit,
the
investigating
prosecutor
may
set
CLARIFICATORY HEARING but only if there are
facts/issues to be clarified from a party or a witness
Either way, when investigation terminates, go to STEP 4
The investigating officer shall RESOLVE THE COMPLAINT based

62 Art. IX-C, Sec. 2(6), 1987 Constitution


63 Art. XI, Sec. 12, 1987 Constitution
64 Rule 112, Secs. 3-4

3B

STEP 4

STEP
5A

STEP
5B
STEP 6
STEP 7

65 Rule 117, Sec. 3(d)

on the evidence presented by the complainant; when investigation


terminates, go to STEP 4
[Executive determination of probable cause] Within 10 days
from termination of the investigation, the investigating prosecutor
shall DETERMINE WHETHER THERE IS PROBABLE CAUSE
FOR THE FILING OF AN INFORMATION WITH THE COURT
(1) If there is probable cause, go to STEP 5A
(2) If there is no probable cause, go to STEP 5B
The investigating prosecutor shall prepare the RESOLUTION and
INFORMATION, the latter containing the following:
(1) The investigating prosecutor, or as shown by record, an
authorized officer, has personally examined the complainant
and his witnesses;
(2) Reasonable ground to believe that a crime has been
committed;
(3) Accused:
Is probably guilty thereof,
Was informed of the complaint + evid. submitted against
him,
Was given an opportunity to submit controverting
evidence.
Then, go to STEP 6
Having determined no probable cause, the investigating
prosecutor shall RECOMMEND DISMISSAL; go to STEP 6
Within 5 days from resolution, the investigating prosecutor shall
FORWARD THE RECORD OF THE CASE to the (a) Provincial,
City, or Chief State Prosecutor (P/C/CS); or (b) the Ombudsman or
her deputy; then, go to STEP 7
Within 10 days from receipt, the P/C/CS or the Ombudsman or
her deputy shall ACT THEREON (REVERSE, AFFIRM, or
MODIFY) and INFORM THE PARTIES OF SUCH ACTION
IMMEDIATELY
No complaint or information may be filed or dismissed by the
investigating prosecutor without prior written authority or
approval of the P/C/CS or the Ombudsman or her deputy
Remedy: move for quashal65

Q
:
A:

STEP 8

What if the investigating prosecutor recommends the


dismissal of the complaint, but the P/C/CS or the
Ombudsman disagrees?
The P/C/CS or the Ombudsman may file the information (or
have any deputy or prosecutor do the same) without having
to conduct a new preliminary investigation66

The aggrieved party may go to STEP 8


MOTION FOR RECONSIDERATION
(1) P/C/CS: within 10 days from receipt of the resolution67
The MR being part of due process in preliminary
investigation, the court may not proceed with arraignment
and trial pending resolution of the motion for
reconsideration
Seasonably filing an MR interrupts the prescriptive period
for the filing of a petition for review with the Secretary of
Justice68 (see next section)
(2) Ombudsman or deputy: within 5 days from notice of the
resolution69
Only one MR shall be allowed
The filing of the MR shall not bar the filing of the
corresponding information on the basis of the finding of
probable cause in the questioned resolution

5. Review by the Department of Justice;70 recourse therefrom

66 Rule 112, Sec. 4


67 Sec. 56, Part III, Manual for Prosecutors
68 Sec. 2, Part IV, Manual for Prosecutors
69 Sec. 7, Rules of Procedure of the Office of the Ombudsman (AO No. 7, s. 1990, as amended)
70 Note 65, supra

STEP 1

STEP 2

STEP 3

STEP 4

Within 15 days from (a) receipt of the resolution or (b) denial of the
motion for reconsideration, an aggrieved party can file a
VERIFIED PETITION FOR REVIEW WITH THE SECRETARY OF
JUSTICE, with copies furnished to the adverse party, and the
prosecution office issuing the appealed resolution; the Secretary
may AFFIRM (END) or REVERSE/MODIFY (go to STEP 2)
If the P/C/CS found probable cause:
GR:
No petition for review may be allowed
XPN Where there is showing of:
(1) Manifest error; or
:
(2) Grave abuse of discretion
XPN
to Where the accused has already been
XPN:
arraigned, in which case the Secretary
shall dismiss the petition motu proprio71
NOTES:
1. The Secretary can reverse or modify a resolution motu
proprio
2. The Secretary is not precluded from considering errors,
although unassigned, for executive determination of
probable cause
3. If the information is already filed in court, the court is bound
to suspend arraignment for a period not exceeding 60
days72
[Optional] At any time after the filing of the petition and before its
resolution, the petitioner may, with leave of court, file a MOTION
FOR REINVESTIGATION on the ground of new and material
evidence; the Secretary shall then ISSUE A RESOLUTION
DIRECTING
REINVESTIGATION,
IF
STILL
LEGALLY
FEASIBLE, in the prosecutorial office from which the petition was
taken73
The Secretary shall direct the prosecutor concerned to act
accordingly:
(1) FILE THE CORRESPONDING INFORMATION w/o new PI;
or
(2) DISMISS THE COMPLAINT; or
(3) MOVE FOR THE DISMISSAL OF THE INFORMATION
An aggrieved party seeking recourse must go to STEP 4
MOTION FOR RECONSIDERATION74
(1) Within 10 days from receipt of the resolution on the petition
This period is non-extendible

71 Sec. 4, Part. IV, Manual for Prosecutors


72 Rule 116, Sec. 11
73 Sec. 7, Part IV, Manual for Prosecutors
74 Sec. 9, Part IV, Manual for Prosecutors

STEP
5A
STEP
5B

(2) Only one MR shall be allowed


To seek further recourse, a party can go the administrative route
(go to STEP 5A) or bring the dispute straight to the courts (go to
STEP 5B)
(1) Elevate the matter to the Office of the President
(2) In case of adverse ruling, appeal to the CA under Rule 43
(3) In case of adverse ruling, appeal to the SC under Rule 45
(END)
Petition for certiorari to the SC under Rule 65
To be brought first before the CA per hierarchy of courts
(END)

6. Recourse from resolutions of the Ombudsman


STEP
1A
STEP
1B

(1) Appeal to the CA under Rule 43


(2) In case of adverse ruling, appeal to the SC under Rule 45
(END)
Petition for certiorari to the SC under Rule 65
To be brought first before the CA per hierarchy of courts
(END)

7. Inquest procedure75

STEP 1

STEP 2

STEP 3

The inquest officer receives from the arresting officer the


COMPLAINT and REFERRAL, the latter containing the following:
(1) Affidavit of arrest
(2) Investigation report
(3) Statements of complainant and witnesses
(4) Other supporting documents
The inquest officer shall, as far as practicable, cause the
above to be subscribed and sworn to before him by the
arresting officer and the affiant
The inquest officer determines WHETHER THE ARREST WAS
VALID; if it was, go to STEP 2; if it was not, go to STEP 3
The detainee shall be ask IF HE WANTS A NEW PRELIMINARY
INVESTIGATION; if he wants one, go to STEP 4; if he does not,
go to STEP 5
INQUEST PROPER*
Notwithstanding, the inquest officer shall RECOMMEND THE
DETAINEES RELEASE, to be approved by the
City/Provincial Prosecutor
The inquest officer determines WHETHER THERE IS PROBABLE
CAUSE; if there is, go to STEP 6; if there is none, go to STEP 8

75 Part II, Manual for Prosecutors

PRELIMINARY INVESTIGATION
(1) Terminates within 15 days from inception
(2) May be conducted by:
The inquest officer himself; or
Any other assistant prosecutor
STEP 4
(3) The detainee shall be made to execute a WAIVER OF THE
PROVISIONS OF ART. 125, RPC,76 with the assistance of
counsel, or, in case of non-availability, a responsible person of
his choice77
Go to STEP 4 in 4. How conducted and proceed accordingly
INQUEST PROPER*
STEP 5
The inquest officer determines WHETHER THERE IS PROBABLE
CAUSE; if there is, go to STEP 7; if there is none, go to STEP 8
The inquest officer shall DIRECT THE OFFICER WITH CUSTODY
OF THE DETAINEE, BY ORDER, TO SERVE UPON THE
LATTER:
STEP 6
(1) SUBPOENA
(2) NOTICE OF PRELIMINARY INVESTIGATION
Go to STEP 2 in 4. How conducted and proceed accordingly
The inquest officer prepares a COMPLAINT or INFORMATION
STEP 7
with RECOMMENDATION TO BE FILED IN COURT (END)
The inquest officer RECOMMENDS THE RELEASE OF THE
DETAINEE
STEP 8
If you arrived here from STEP 3, this is subject to the
City/Provincial Prosecutors approval of the recommendation
(END)
* - Production of a detainee before the inquest officer may be dispensed with
if:
(1) Confined in a hospital
(2) Detained in a place under maximum security
(3) Production of the detainee will involve security risks
(4) Presence is not feasible by reasons of age, health, sex, other similar
factors

8. Remedies of accused if there was no preliminary investigation


(a) Ask for preliminary investigation
Before the complaint/information is filed
Requires signing of waiver of provisions of Art. 125, RPC,
made in presence of counsel (waiver does not preclude
application for bail)
After filing of complaint/information
i. To be requested for within 5 days from the time he learns of its
filing
76 Delay in the delivery of detained persons to the proper judicial authorities
77 Sec. 10, Part II, Manual for Prosecutors

ii. Accused has the same right to adduce evidence in his defense
as if preliminary investigation is proceeded the normal way78
(b) Refuse to enter plea upon arraignment and object to further proceedings
Ground of objection: lack of preliminary investigation
(c) Raise lack of preliminary investigation as error on appeal79
[E] ARREST
1. Overview
(a) Definitions:
Arrest is the taking of a person into custody, that he may be bound
to answer for the commission of an offense80
A warrant of arrest (or arrest warrant) is a legal process issued by
competent authority, directing the arrest of a person or persons upon
grounds stated therein,81 after judicial determination of probable
cause therefor
Re: issuance of arrest warrant:
Within 10 days from filing of complaint/information,
the judge shall personally evaluate the resolution
of the prosecutor, looking into supporting evidence
STEP 1
No need for the judge to personally examine
the complainant and his/her witnesses
Then, go to STEP 2
IS THERE PROBABLE CAUSE?
(1) If there is, go to STEP 3A
STEP 2
(2) If there is none, go to STEP 3B
(3) If there is doubt, go to STEP 3C
STEP
ISSUE A WARRANT OF ARREST (END)
3A
Requisites of a valid warrant of arrest:82
(1) Issued upon probable cause determined
personally by the judge under oath or

78 Rule 112, Sec. 6


79 US vs. Banzuela (G.R. No. L-10172, October 1, 1915)
80 Rule 113, Sec. 1
81 Herrera, Remedial Law, Vol. IV (2001 ed.)
82 Art. III, Sec. 2, 1987 Constitution

STEP
3B
STEP
3C

affirmation of the complainant and the


witnesses he/she may produce
(2) Particularly describes the person to be
arrested
DISMISS (END)
ORDER THE PROSECUTOR TO PRESENT
ADDITIONAL EVIDENCE; the issue of doubt is to
be resolved within 30 days from filing of the
information; go back to STEP 2

(b) How made, and by whom; other related matters:


By an officer, by virtue of arrest warrant83
GR:
Inform person to be arrested of the:
(1) Cause of his arrest
(2) Fact that a warrant has been issued for his arrest
XPN Duty to inform is dispensed with when the:
(1) Person to be arrested flees or forcibly resists before the
:
officer has opportunity to so inform him
(2) Giving of such information will imperil the arrest
NOTE: The officer need not have the warrant in his possession at
the time of the arrest, but after, if the person arrested so requires, the

83 Rule 113, Sec. 7

warrant shall be shown to him as soon as practicable.


Lawful warrantless arrest
By whom:
(1) By an officer
GR:
Inform person to be arrested of the:
(1) His/her authority
(2) Cause of his arrest
XPN: Duty to inform is dispensed with when the:
(1) Person to be arrested:
(a) Is engaged in the commission of an offense
(b) Flees or forcibly resists before the officer has
opportunity to so inform him
(2) When he/she is pursued immediately after its
commission
(3) Giving of such information will imperil the arrest
(2) Citizens arrest
GR:
Inform person to be arrested of the:
(1) Intention to arrest
(2) Cause of the arrest
XPN: Same as in lawful warrantless arrest by an officer
Instances:
(1) In flagrante delicto84
Requisites:85
Person to be arrested executes an overt act indicating that
he has just committed, is actually committing, or is
attempting to commit a crime
Overt act is done in presence/within the view of arresting
officer
(2) Hot pursuit86
Requisites:87
Offender has just committed an offense
Arresting officer has personal knowledge of facts indicating
that the person to be arrested has committed it
(3) Escaped prisoner: person to be arrested is a prisoner who has
escaped from a penal establishment or place where he is
serving final judgment or is temporarily confined while his case is
pending, or has escaped while being transferred from one
confinement to another88
(4) Others:

84 Rule 113, Sec. 5(a)


85 Ambre vs. People (G.R. No. 191532, August 15, 2012)
86 Rule 113, Sec. 5(b)
87 Abelita III vs. Doria (G.R. No. 170672, August 14, 2009)
88 Rule 113, Sec. 5(c)

When a person lawfully arrested escapes or is rescued


(any person may immediately pursue or retake him without
a warrant at any time and in any place w/in PH)89
When accused out on bail attempts to leave PH w/o
permission90
Arrest by bondsman (or a police officer, or any other
person of suitable age or discretion on the strength of
authority granted by the bondsman as endorsed or a
certified copy of the [bail] undertaking) for purposes of
surrendering accused out on bail91
Rights of arresting officer(s):
(1) Summon assistance, i.e. as many persons as he deems
necessary to assist him in effecting the arrest (where assistance
can be rendered without detriment to oneself)92
(2) Break into any building/enclosure where the person to be
arrested is or is reasonably believed to be, provided:
He announced his authority and purpose; and
He is refused admittance thereto nonetheless93
(3) Break out of building/enclosure (referred to in the above item)
when necessary for the officer to liberate himself94
(4) Search incident to lawful arrest a person lawfully arrested may
be searched for dangerous weapons or anything w/c may have
been used or constitute proof in the commission of an offense
w/o need of a search warrant95
NOTE: Items (2), (3), and (4) are applicable in a valid warrantless arrest.

[F] BAIL
1. Overview
(a) Definition: security given for the release of a person in custody of the
law, furnished by him or a bondsman, to guarantee his appearance before
any court as required under conditions specified in Rule 11496

89 Rule 113, Sec. 13


90 Rule 114, Sec. 23
91 Ibid.
92 Rule 113, Sec. 10
93 Rule 113, Sec. 11
94 Rule 113, Sec. 12
95 Rule 126, Sec. 13

No person under detention by legal process shall be released or


transferred except upon court order or admission to bail97
(b) Availability:
(1) Before or after conviction by the MTC
(2) Before conviction by the RTC of an offense
As a matter of right
not punishable by death, reclusion
perpetua, or life imprisonment
As a matter of
(1) Upon conviction by the RTC of an offense
discretion
not punishable by death, reclusion
perpetua, or life imprisonment
(a) Where to apply:
Trial court, despite the filing of a
notice of appeal, provided the trial
court has not yet transmitted the
original record to the appellate
court
Appellate court, if the decision of
the trial court convicting the
accused changed the nature of
the offense from non-bailable to
bailable
(b) Should the court grant the application,
the accused may continue on
provisional liberty during the pendency
of the appeal under the same bail,
subject to the consent of the
bondsman
(c) If the penalty imposed by the trial
court is imprisonment exceeding 6
years, the accused shall be denied
bail, or bail shall be cancelled, upon
showing by the prosecution, w/ notice
to the accused, of the following or
other similar circumstances:
Recidivism,
quasi-recidivism,
habitual delinquency, reiteracion
Having
previously
escaped
confinement, evaded sentence, or
violated the conditions of bail w/o
proper justification
Commission of offense convicted
of while under probation, parole,
or conditional pardon
Being a probable flight risk
96 Rule 114, Sec. 1
97 Rule 114, Sec. 3

Being under risk of committing


another
crime
during
the
pendency of the appeal
(2) Before conviction of an offense punishable
by reclusion perpetua or life imprisonment,
when evidence of guilt is not strong
When not available
(c) Conditions:98
Undertaking shall be effective upon approval
Remains in force at all stages of the case until promulgation of
judgment of the RTC, regardless of whether the case was originally
filed in or appealed to it [XPN: when cancelled]
Failure of the accused to appear at the trial w/o justification and
despite due notice shall be deemed waiver of his right to be present
thereat
Here, trial may proceed in absentia
Bondsman shall surrender the accused for execution of final
judgment
(d) Requirements; contents:99 the original papers shall contain
Full name and address of the accused
Amount of undertaking
The above-stated conditions
Photographs (passport size) of the accused, taken w/in the last 6
months, showing his/her front, left, and right profiles
(e) Kinds:100
Corporate surety: bail by bond provided by any domestic or foreign
corporation licensed as a surety in accordance with law and currently
authorized to act as such; subscribed jointly by the accused and an
officer of the corporation duly authorized by its board of directors101
Property bond: undertaking constituted as lien on the real property
given as security for the amount of the bail102
How
(1) Within 10 days after approval of the bond, the
103
posted
accused shall cause annotation of the lien on the
certificate of title on file:
With the Register of Deeds, if the land is
registered
98 Rule 114, Sec. 2
99 Ibid.
100 Note 96, supra
101 Rule 114, Sec. 10
102 Rule 114, Sec. 11
103 Ibid.

104 Rule 114, Sec. 12


105 Rule 114, Sec. 13
106 Ibid.
107 Rule 114, Sec. 14

In the Registration Book on the space


provided therefor, in the Registry of Deeds
for the province/city where the land lies, if
the land is unregistered
and on the corresponding tax declaration in
the office of the provincial, city, and municipal
assessor concerned
(2) Within the same 10-day period, the accused
shall submit to the court his compliance (failure
to do so is sufficient cause for cancellation of
the bond and re-arrest/detention)
(1) Being a resident owner of real estate within PH
(2) Re: number of sureties:
One surety: his real estate must be worth at
least the amount of the undertaking
Qualification
Two or more sureties: the aggregate of the
s of
sums justified should be equivalent to the
sureties104
whole amount of bail demanded
No bail shall be approved unless surety is
qualified105
Sureties shall justify possession of the above
qualifications by affidavit before the judge, describing
the following:
(1) Property given as security
(2) Nature of his title
Justification
(3) Encumbrances on the title
106
(4) Amt. of other bails entered into and still
of sureties
undischarged
(5) Other liabilities
The court may examine the sureties under oath
concerning their sufficiency in such manner as they
deem proper
Cash deposit (cash bail): deposit in cash made by the accused or
any person acting in his behalf with the nearest Collector of Internal
Revenue or provincial/city/municipal treasurer, in the amount (a) fixed
by the court; or (b) recommended by the prosecutor who investigated
or filed the case107
Effects:
(1) Upon submission of a proper certificate of deposit and a
written undertaking showing compliance with Rule 114,

Sec. 2 (on conditions of bail, see preceding page), the


deposited money shall be considered as bail and the
accused shall be discharged from custody
(2) Money deposited shall be applied to the payment of fine
and costs; the excess, if any, shall be returned to the
accused or whoever made the deposit
Recognizance:

2.
3.
4.
5.
6.
7.

Hearing of application for bail in capital offenses


Guidelines in fixing amount of bail
Bail when not required
Increase or reduction of bail
Forfeiture and cancellation of bail
Application not a bar to objections in illegal arrest, lack of or irregular
preliminary investigation
8. Hold departure order & Bureau of Immigration watchlist
[G] RIGHTS OF THE ACCUSED
1. Rights of accused at the trial
2. Rights of persons under custodial investigation
[H] ARRAIGNMENT AND PLEA
1.
2.
3.
4.
5.
6.
7.

Arraignment and plea, how made


When should plea of not guilty be entered
When may accused enter a plea of guilty to a lesser offense
Accused pleads guilty to capital offense, what the court should do
Searching inquiry
Improvident plea
Grounds for suspension of arraignment

[I] MOTION TO QUASH


1.
2.
3.
4.

Grounds
Distinguish from demurrer to evidence
Effects of sustaining the motion to quash
Exception to the rule that sustaining the motion is not a bar to another
prosecution
5. Double jeopardy
6. Provisional dismissal
[J] PRE-TRIAL
1. Matters to be considered during pre-trial
2. What the court should do when prosecution and offended party agree to the
plea offered by the accused
3. Pre-trial agreement
4. Non-appearance during pre-trial
5. Pre-trial order
6. Referral of some cases for court annexed mediation and judicial dispute
resolution
[K] TRIAL

1.
2.
3.
4.
5.
6.
7.

Instances when presence of accused is required by law


Requisite before trial can be suspended on account of absence of witness
Trial in absentia
Remedy when accused is not brought to trial within the prescribed period
Requisites for discharge of accused to become a state witness
Effects of discharge of accused as state witness
Demurrer to evidence

[L] JUDGMENT
1. Requisites of a judgment
2. Contents of judgment
3. Promulgation of judgment; instances of promulgation of judgment in
absentia
4. When does judgment become final (four instances)
[M] NEW TRIAL OR RECONSIDERATION
1. Grounds for new trial
2. Grounds for reconsideration
3. Requisites before a new trial may be granted on ground of newlydiscovered evidence
4. Effects of granting a new trial or reconsideration
5. Application of Neypes doctrine in criminal cases
[N] APPEAL
1.
2.
3.
4.
5.

Effect of an appeal
Where to appeal
How appeal taken
Effect of appeal by any of several accused
Grounds for dismissal of appeal

[O] SEARCH AND SEIZURE


1.
2.
3.
4.
5.
6.
7.
8.

Nature of search warrant


Distinguish from warrant of arrest
Application for search warrant, where filed
Probable cause
Personal examination by judge of the applicant and witnesses
Particularity of place to be searched and things to be seized
Personal property to be seized
Exceptions to search warrant requirement
(a) Search incidental to lawful arrest
(b) Consented search
(c) Search of moving vehicle
(d) Check points; body checks in airport
(e) Plain view situation
(f) Stop and frisk situation
(g) Enforcement of custom laws
(h) Remedies from unlawful search and seizure

[P] PROVISIONAL REMEDIES


1. Overview

(a) Definition: a provisional remedy is one provided for present need, or for
the occasion, i.e. one adopted to meet a particular exigency; 108 applied
pending litigation (but in some cases after judgment)109
(b) Nature:
(c) Purpose: for securing the judgment or preserving the status quo
2. Kinds of provisional remedies

108 McCarthy vs. McCarthy (54 How. Pr. (N.Y.) 100)


109 Calo & San Jose vs. Roldan (76 Phil. 451-452)