RULE 110 - prosecution of offenses.

Section 1. Institution of criminal actions.- Criminal
actions shall be instituted as follows: (a) For
offenses where a preliminary investigation is
required pursuant to section 1 of Rule 112, by filing
the complaint with the proper officer for the
purpose of conducting the requisite preliminary
investigation.
(b) For all other offenses, by 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 complaints shall be filed
with the office of the prosecutor unless otherwise
provided in their charters. The institution of the
criminal action shall interrupt the running of the
period of prescription of the offense charged unless
otherwise provided in special laws.
Sec. 2. The complaint or information - The
complaint or information shall be in writing, in the
name of the People of the Philippines and against
all persons who appear to be responsible for the
offense involved.
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.
Sec. 4. Information defined. - An information is an
accusation in writing charging a person with an
offense, subscribed by the prosecutor and filed with
the court.
Sec. 5. Who must prosecute criminal actions. -All
criminal actions commenced by complaint or
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
Prosecution 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otherwise withdrawn.
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 lasciviousness independently
of her parents, grandparents, or guardian, unless
she is incompetent or incapable of doing so. Where
the offended party, who is a minor, fails to file the
complaint, her parents, grandparents, or guardian
may file the same. The right to file the action
granted to parents, grandparents, or guardian shall
be exclusive of all other persons and shall be
exercised successively in the order herein provided,
except as stated in the preceding paragraph.
No criminal action for defamation which consists in
the imputation of any of the offenses mentioned
above shall be brought except at the instance of
and upon complaint filed by the offended party. The
prosecution for violation of special laws shall be
governed by the provision thereof.
Sec. 6. Sufficiency of complaint or information. - A
complaint or information is sufficient if it states the
name of the accused; the designation of the offense
given by the statute; the acts or omissions
complained of as constituting the offense; the
name of the offended party; the approximate date
of the commission of the offense; and the place
where the offense was committed.
When an offense is committed by more than one
person, all of them shall be included in the
complaint or information.
Sec. 7. Name of the accused. - The complaint or
information must state the name and surname of
the accused or any appellation or nickname by
which he has been or is known. If his name cannot
be ascertained, he must be described under a
fictitious name with a statement that his true name
is unknown.
If the true name of the accused is thereafter
disclosed by him or appears in some other manner
to the court, such true name shall be inserted in the
complaint or information and record.
Sec. 8. Designation of the offense. - The complaint
or information shall state the designation of the
offense given by the statute, aver the acts or
omissions constituting the offense, and specify its
qualifying and aggravating circumstances. If there
is no designation of the offense, reference shall be
made to the section or subsection of the statute
punishing it.
Sec. 9. Cause of the accusation. - The acts or
omissions complained of as constituting the offense
and the qualifying and aggravating circumstances
must be stated in ordinary and concise language
and not necessarily in the language used in the
statute but in terms sufficient to enable a person of

common understanding to know what offense is
being charged as well as its qualifying and
aggravating circumstance and for the court to
pronounce judgment.
Sec. 10. Place of commission of the offense. - The
complaint or information is sufficient if it can be
understood from its allegations that the offense was
committed or some of its essential ingredients
occurred at some place within the jurisdiction of the
court, unless the particular place where it was
committed constitutes an essential element of the
offense charged or is necessary for its
identification.
Sec. 11. Date of commission of the offense. - It is
not necessary to state in the complaint or
information the precise date the offense was
committed except when it is a material ingredient
of the offense. The offense may be alleged to have
been committed on a date as near as possible to
the actual date of its commission.
Sec. 12. Name of the offended party. - The
complaint or information must state the name and
surname of the person against whom or against
whose property the offense was committed, or any
appellation or nickname by which such person has
been or is known. If there is no better way of
identifying him, he must be described under a
fictitious name.
(a) In offenses against property, if the name of the
offended party is unknown, the property must be
described with such particularity as to properly
identify the offense charged.
(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.
(c) If the offended party is a juridical person, it is
sufficient to state its name, or any name or
designation by which it is known or by which it may
be identified, without need of averring that it is a
juridical person or that it is organized in accordance
with law.
Sec. 13. Duplicity of the offense. - A complaint or
information must charge only one offense, except
when the law prescribes a single punishment for
various offenses.
Sec. 14. Amendment or substitution. - A complaint
or information may be amended, in form or in
substance, without leave of court, at any time
before the accused enters his plea. After the plea
and during the trial, a formal amendment may only
be made with leave of court and when it can be
done without causing prejudice to the rights of the
accused.
However, any amendment before plea, which
downgrades the nature of the offense charged in or
excludes any accused from the complaint or

information, can be made only upon motion by the
prosecutor, with notice to the offended party and
with leave of court. The court shall state its reasons
in resolving the motion and copies of its order shall
be furnished all parties, especially the offended
party.
If it appears at anytime before judgment that a
mistake has been made in charging the proper
offense, the court shall dismiss the original
complaint or information upon the filing of a new
one charging the proper offense in accordance with
section 19, Rule 119, provided the accused would
not be placed in double jeopardy. The court may
require the witnesses to give bail for their
appearance at the trial.
Sec. 15. Place where action is to be instituted. - (a)
Subject to existing laws, the criminal action shall be
instituted and tried in the court of the municipality
or territory where the offense was committed or
where any of its essential ingredients occurred.
(b) Where an offense is committed in a train,
aircraft, or other public or private vehicle in the
course of its trip, the criminal action shall be
instituted and tried in the court of any municipality
or territory where such train, aircraft, or other
vehicle passed during its trip, including the place of
its departure and arrival.
(c) Where an offense is committed on board a
vessel in the course of its voyage, the criminal
action shall be instituted and tried in the court of
the first port of entry or of any municipality or
territory where the vessel passed during such
voyage, subject to the generally accepted
principles of international law.
(d) Crimes committed outside the Philippines but
punishable under Article 2 of the Revised Penal
Code shall be cognizable by the court where the
criminal action is first filed.
Sec. 16. Intervention of the offended party in
criminal action. - Where the civil action for recovery
of civil liability is instituted in the criminal action
pursuant to Rule 111, the offended party may
intervene by counsel in the prosecution of the
offense.

confrontative.
2. Accusatorial – The accusation is exercised by
every citizen or by a member of the group to which
the injured party belongs. As the action is a combat
between the parties, the supposed offender has the
right to be confronted by his accuser. The battle in
the form of a public trial is judged by a magistrate
who renders a verdict. The essence of the
accusatorial system is the right to be presumed
innocent. To defeat this presumption, the
prosecution must establish proof of guilt beyond
reasonable doubt (moral certainty).
3. Mixed – This is a combination of the inquisitorial
and accusatorial systems. The examination of
defendants and other persons before the filing of
the complaint or information is inquisitorial.
What is criminal procedure? Criminal procedure
is the method prescribed by law for the
apprehension and prosecution of persons accused
of any criminal offense and for their punishment, in
case of conviction.
What is criminal procedure concerned with?
Criminal procedure is concerned with the
procedural steps through which the criminal case
passes, commencing with the initial investigation of
a crime and concluding with the unconditional
release of the offender. It is a generic term used to
describe the network of laws and rules which
govern the procedural administration of criminal
justice.
What are the sources of criminal procedure?
1. Spanish Law of Criminal Procedure
2. General Order No. 58, dated April 23 1900
3. Amendatory acts passed by the Philippine
Commission
4. The various quasi acts, the Philippine Bill of
1902, the Jones Law of 1916, the Tydings-McDuffie
Law, and the Constitution of
the Philippines
5. The Rule of Court of 1940, and the 1964, 1985,
and 1988 Rules on Criminal Procedure
6. Various Republic Acts (RA 240, Judiciary Act, RA
8249 creating the Sandiganbayan, Speedy Trial Act)
7. Presidential Decrees
8. 1987 Constitution, particularly Art. III Bill of
Rights
9. Civil Code (Art. 32, 33, 34)
10. Certain judicial decisions
11. RA 8393 The Speedy Trial Act
12. Circulars
13. The Revised Rules on Criminal Procedure (Dec
1, 2000)
What are the three systems of criminal
procedure? 1. Inquisitorial – the detection and
prosecution of offenders are not left to the initiative
of private parties but to the officials and agents of
the law. Resort is made to secret inquiry to discover
the culprit, and violence and torture are often
employed to extract confessions. The judge is not
limited to the evidence brought before him but
could proceed with his own inquiry which was not

The judicial set-up in the Philippines is accusatorial
or adversary in nature. It contemplates two
contending parties before the court, which hears
them impartially and renders judgment only after
trial.
Distinguish between criminal law and criminal
procedure. Criminal law is substantive; it defines
crimes, treats of their nature, and provides for their
punishment. Criminal procedure, on the other hand,
is remedial or procedural; it provides for the
method by which a person accused of a crime is
arrested, tried and punished. Criminal law declares
what acts are punishable, while criminal procedure
provides how the act is to be punished.
How are the rules of criminal procedure
construed? The rules of criminal procedure shall
be liberally construed in favor of the accused and
strictly against the state to even the odds in favor
of the accused against whom the entire machinery
of the state is mobilized.
What is jurisdiction? Jurisdiction (in general) is
the power or authority given by the law to a court
or tribunal to hear and determine certain
controversies. It is the power of courts to hear and
determine a controversy involving rights, which are
demandable and enforceable.
Distinguish jurisdiction from venue. Venue is
defined as the particular country or geographical
area in which a court with jurisdiction may hear and
determine a case. It means the place of trial. On
the other hand, jurisdiction is the power of the
court to decide the case on the merits. Venue is
thus procedural, while jurisdiction is substantive. In
civil cases, venue may be waived or stipulated by
the parties. On the other hand, jurisdiction is
granted by law or the Constitution and cannot be
waived or stipulated.
What is criminal jurisdiction? Criminal
jurisdiction is the authority to hear and try a
particular offense and impose the punishment for it.
What are the elements of jurisdiction in
criminal cases?1. The nature of the offense and/or

Decree on Intellectual Property. In this case. how should it proceed? Where the court has no jurisdiction. lower courts should simply dismiss the case. Law on written defamation or libel. except those falling under the exclusive and concurrent jurisdiction of the Sandiganbayan. Which court has jurisdiction over a complex crime?Jurisdiction over the whole complex crime is lodged with the trial court having jurisdiction to impose the maximum and more serious penalty on an offense forming part of the complex crime. It remains with the court until the case is finally terminated. If during the proceedings. The rule does not apply to violations of municipal ordinances and special laws. it is retained up to the end of the litigation. What are the requisites for a valid exercise of criminal jurisdiction? 1. jurisdiction over the person of the accused may be waived. any objection to the procedure leading to the arrest must be opportunely raised before the accused enters his plea. Can jurisdiction over the person of the accused be waived? Yes. What is territorial jurisdiction? The requirement of territorial jurisdiction means that a criminal action should be filed in the place where the crime was committed. the presence of the accused is mandatory. except in applications for bail. All criminal cases where the penalty is higher than 6 years. not when the offense was committed.000 What is the jurisdiction of Regional Trial Courts in criminal cases? 1. The fact that the offense has been committed within the territorial jurisdiction of the court. On the other hand. The exception to this rule is where jurisdiction is dependent on the nature of the position of the accused at the time of the commission of the offense. it can divest a court of jurisdiction over cases already pending before it before the effectivity of the statute. The prescriptive periods for violations of special laws are interrupted only by the institution of judicial proceedings for their investigation and . Jurisdiction over the territory 3. Is the presence of the accused necessary in order for the court to act on a motion? It is not necessary for the court to first acquire jurisdiction over the person of the accused to dismiss a case or grant other relief. Exclusive original jurisdiction over all offenses punishable with imprisonment not exceeding 6 years regardless of the fine and other accessory penalties and civil liability 3. tribunal or body. Jurisdiction over the subject matter What is jurisdiction over the subject matter? It is the power to hear and determine 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. Jurisdiction over the person 2. Where the only penalty provided by law is a fine: exclusive original jurisdiction over offenses punishable with a fine not exceeding P4. Exclusive original jurisdiction over all violations of city or municipal ordinances committed within their respective territorial jurisdiction. jurisdiction is determined by the law in force at the time of the commission of the offense. or it is deemed waived. the cases falling under the jurisdiction of family courts shall be adjudicated by the RTC What is the meaning of the term “regular courts”? Regular courts refer to civil courts as opposed to military courts or courts martial. including government-related cases wherein the accused is not one of those falling under the jurisdiction of the Sandiganbayan. 2. Which law determines the jurisdiction of the court – the 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? Jurisdiction is determined by the law as of the time when the action is filed. For example. Offenses involving damage to property through criminal negligence 4. RULE 110 PROSECUTION OF OFFENSES What is the effect of the institution of the criminal action on the period of prescription of the offense? The institution of the criminal action shall interrupt the running of the period of prescription of the offense unless otherwise provided in special laws. unlike jurisdiction over the offense which is conferred by law or the Constitution. the court finds that it has no jurisdiction. 2. 4. What is adherence of jurisdiction? The principle of Adherence of Jurisdiction means that once jurisdiction is vested in the court. The exception to this is where a subsequent statute changing the jurisdiction of a court is given retroactive effect. the Supreme Court and the Court of Appeals may refer the case to the court of proper jurisdiction. except in those cases provided by Article 2 of the Revised Penal Code. In areas where there are no family courts. Military courts have no jurisdiction over civilians.the penalty attached thereto 2. in which case. Dangerous Drugs Cases except where the offenders are under 16 3. The outright dismissal of the case even before the court acquires jurisdiction over the person of the accused is allowed. Exclusive original jurisdiction in all criminal cases not within the exclusive jurisdiction of any court. Appellate jurisdiction over all cases decided by MTCs in their respective territorial jurisdiction. How is jurisdiction over the person of the accused acquired? Jurisdiction over the person of the accused is acquired upon his arrest or upon his voluntary appearance or submission to the court. What is the jurisdiction of Municipal Trial Courts in criminal cases? 1.

answers criminally for his acts. Where a person has otherwise been deprived of personal liberty calling for habeas corpus proceedings 3. Before a complaint is filed in court. a criminal action cannot lie against a juridical person. attested to by the Lupon chairman. Where the charges are manifestly false and motivated by the lust for vengeance 10. Distinguish “institution” from “commencement” of an action. When double jeopardy is clearly apparent 7. Why should a complaint or information be in the name of the People of the Philippines? Criminal actions must be commenced in the name of the People because just as a crime is an outrage against the peace and security of the people at large. Where the accused is under detention 2. in the name of the People of the Philippines and against all persons who appear to be responsible for the offense involved. What is the form required for the complaint or information? The complaint or information shall be in writing. When necessary for the orderly administration of justice or to avoid oppression or multiplicity of actions 3. The right to file a criminal action is personal and abates upon the death of the offended party. A complaint presented by a private person when not sworn to . cities. and so that nobody will forget the charge. The complaint may also be filed if the settlement is repudiated by the parties. Where there is no private offended party 5. any peace officer. Offenses punishable by imprisonment exceeding 1 year or a fine exceeding P5. or municipalities 7. The criminal action is commenced when the complaint or information is filed in court. there should have been a confrontation between the parties before the Lupon chairman. Who may file a complaint? The complaint may be filed by the offended party. so must its vindication be in the name of the People. Where the action may be barred by the statute of limitations When are amicable settlements not allowed? 1. The Lupon secretary must certify that no conciliation or settlement was reached. ordinance. Where the court had no jurisdiction over the offense 8. It the corporation violates the law. However. If the offended party dies before he is able to file a complaint. Other cases which the President may determine in the interest of justice or upon the recommendation of the Secretary of Justice. Public interest requires that criminal acts must be immediately investigated and prosecuted for the protection of society. the criminal action is instituted by filing the complaint for preliminary investigation. Can the offended party go directly to court to file a criminal action? No. Where there is a prejudicial question which is subjudice 4. Where it is a case of persecution rather than prosecution 9. or regulation 6. What are the exceptions to the rule that criminal prosecutions may not be enjoined? 1. the defect is merely of form and may be cured at any state of the trial. while violations of municipal ordinances prescribe after two months.000 4. given the fallibility of human memory. When the acts of the officer are without or in excess of authority 5. any peace officer. May criminal prosecutions be enjoined? No. or other public officer charged with the enforcement of the law violated. or other public officer charged with the enforcement of the law violated. It is not transmissible to the heirs. 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. Who is the “offended party”? The offended party is the person actually injured or whose feeling is offended. To afford adequate protection to constitutional rights of the accused 2. to inform the accused of the nature and cause of the accusation to allow him to present his defense. through whom the corporation acts. Where one party is the government 2. can his heirs file it in his behalf? No. is it void? No. subscribed by the offended party. Where the prosecution is under an invalid law. Can you file a criminal complaint against a juridical person? No. Where one party is a public officer or employee and the dispute relates to the performance of his official functions 3. He is the one to whom the offender is also civilly liable under Article 100 of the RPC. the officer. Why should the complaint or information be in writing? The complaint or information should be in writing so that the court has a basis for its decision. What is a complaint? A complaint is a sworn written statement charging a person with an offense. Are there exceptions when the parties may go directly to court? 1. For offenses which require a preliminary investigation. Where the dispute involves real properties located in different cities or municipalities 6. it the action is instituted in the name of the offended party or of a particular city. Disputes involving parties who reside in different barangays. Where actions are coupled with provisional remedies 4. When there is clearly no prima facie case against the accused and a motion to quash on that ground has been denied 11.punishment.

the offended party. The Court has authority to review the Secretary’s recommendation and reject if it there is grave . Can a prosecutor be compelled to file a particular complaint or information? No. Need not be under oath since the prosecuting officer filing it is already acting under his oath of office. concubinage. Dismissal 5. Reinvestigation 3. National Water and Air Pollution Control Commission with respect to the AntiPollution Law). But in People v. After the case is filed in court. However. or other officer charged with the enforcement of the law violated may prosecute. or other public officer charged with the enforcement of the law violated. acts of lasciviousness. Is the prosecutor required to be physically present in the trial of a criminal case? According to People v. he cannot refuse to prosecute. the court has control over the following: 1. it cannot be said that the prosecution was under his direction and control. after he has filed the case. What is the difference between a complaint and an information? COMPLAINT: May be signed by the offended party. can he refuse to prosecute? No. a motion for reinvestigation should be addressed to the trial judge and to him alone. in the Municipal Trial Courts and Municipal Circuit Trial Courts. When is a complaint required? A sworn written complaint is required if the offense is one which cannot be prosecuted de officio. The Court must Await the result of a petition for review 3. The prosecution’s stand to maintain prosecution should be Respected by the court 4. the party must first avail himself of other remedies such as the filing of a motion for inclusion. it was held that the proceedings are valid even without the physical presence of the Fiscal who left the prosecution to the private prosecutor under his supervision and control. to whom should a motion to dismiss be addressed? Once the information is filed in court. But before filing for mandamus to compel a fiscal to include another co-accused in the information. May be filed either with the office of the prosecutor or with the court INFORMATION Always signed by prosecuting officer. Prosecution is entitled to Notice of hearing 2. or where it pertains to those cases which need to be endorsed by specific public authorities (Anti-Dummy Board with respect to the AntiDummy Law. Where should a motion for reinvestigation be filed? After a complaint or information has already been filed in court. The suspension of arraignment 2. Always filed with the court Who must prosecute criminal actions? The general rule is that all criminal actions commenced by the filing of a complaint or information shall be prosecuted under the direction and control of the prosecutor. Beriales (1976 case). subject only to the limitation that the court should not impair the substantial rights of the accused or the right of the people to due process. The ultimate Test of the court’s independence is where the prosecutor files a motion to dismiss or withdraw the information 5. He is obliged by law to proceed and prosecute the criminal action. subscribed by the prosecutor and filed with the court. The want of an oath is a mere defect of form which does not affect the substantial rights of the defendant on the merits. Whatever disposition the prosecutor may feel should be proper in the case thereafter should be addressed for the consideration of the court. any peace officer. if the prosecutor is not available. he should be present. Prosecution by the prosecutor 4. or is private in nature (adultery. abduction. After a case is filed in court. He cannot impose his opinion on the court. defamation consisting in the imputation of any of the above offenses). seduction. the prosecution has control over the following: -What case to file -Whom to prosecute -The manner of prosecution -The right to withdraw the case before arraignment even without notice and hearing. A prosecutor is under no compulsion to file a particular criminal information where he is not convinced that he has evidence to support the allegations thereof.by him is not necessarily void. What is the distinction between the control by the prosecution and the control by the court? Before a case is filed in court. If he is not physically present. This authority ceases upon actual intervention by a prosecutor or upon elevation of the case to the RTC. The exercise of such judgment and discretion may generally not be compelled by mandamus. What is an information? An information is an accusation in writing charging a person with an offense. the court acquires jurisdiction. Malinao and Bravo v. the prosecutor thinks that a prima facie case exists. any peace officer. Sworn to by the person signing it. CA. If. except if the prosecutor shows evident bias in filing the information and refuses to include a co-accused without justification. Downgrading of the offense or dropping of the accused even before plea What are the limitations on the control by the Court? (SINNATRa) 1. To whom should you appeal the decision of the prosecutor? The decision of the prosecutor may be modified by the Secretary of Justice or in special cases by the President of the Philippines.

the acts or omissions complained of as constituting the offense 4. Compliance with the rule does not confer jurisdiction because it is the law which confers jurisdiction upon the courts. the court must make its own Independent assessment of the evidence. seduction. and guardians to file a complaint on behalf of the minor applies only to the offenses of seduction. Adultery and concubinage 2. To reject or grant a motion to dismiss. When is a complaint or information deemed sufficient? A complaint or information is sufficient if it states: 1. and the recital of facts allege estafa. The desire of X to file the case is evident by her filing of her sworn complaint with the prosecutor. Seduction. Strictly speaking. Defamation which consists in the imputation of an offense mentioned above What is a private crime? Private offenses are those which cannot be prosecuted except upon complaint filed by the aggrieved party. An information for robbery with rape was filed against X. 7. is the criminal liability of the accused extinguished? No X filed a sworn complaint for acts of lasciviousness before the prosecutor. not the designation of the offense that is controlling. there is no such thing as a private offense since all offenses are an outrage against the State. What is the meaning of the statement that compliance with the rule is jurisdictional? This means that the complaint filed by the offended party is what starts the prosecution. the name of the offended party 5. Can the father file a complaint on behalf of his daughter for concubinage? No. X can be convicted of murder. The prosecution can be commenced without the complaint of the offended party. If the recitals in the complaint or information of the acts and omissions constituting the offense actually allege murder. can her parents file the complaint for her? No. X moved to dismiss the information on the ground that there was no complaint filed by the offended party. and acts of lasciviousness is of age. the complaint of the offended party is not necessary since the offense of robbery is not a private offense. X died. she has the exclusive right to file the complaint unless she becomes incapacitated. grandparents. If the offended party in abduction. To convict X of theft under an information that alleges estafa would violate his right to be informed of the nature and cause of the accusation against him. Can the prosecutor still file the information in court? Yes. the place of the commission of the offense When is the error in the name of the accused not fatal to an information? Error in the name of the accused will not nullify the information if it contains sufficient description of the person of the accused. X was charged with estafa. If the offended party is already of age. A complaint for adultery or concubinage may be filed only by the offended spouse. grandparents. In robbery with rape. abduction. the designation of the offense given by the statute 3. the name of the accused 2. This is because it is the recital of facts and not the designation of the offense that is controlling. acts of lasciviousness 3. the approximate date of the commission of the offense 6. because it is the recital. Once a complaint has been filed in court. and acts of lasciviousness. but the recital of facts actually alleges theft.abuse of discretion. Where the law distinguishes between two cases of violation of its provision. and guardian only have exclusive. abduction. What are the crimes that must be prosecuted upon complaint of the offended party? 1. Can X be convicted of theft? No. Can X be convicted of theft? Yes. The two crimes have elements that are different from each other. Should the case be dismissed? No. 6. Before the prosecutor could file the case in court. The parents. the complaint or information must specify . successive authority to file the case if the offended party is still a minor. X was charged with estafa. Can he be possibly be convicted of murder? Yes. They are denominated as private offenses only to give deference to the offended party who may prefer not to file the case instead of going through the scandal of a public trial. Judgment is void if there is No independent assessment and finding of grave abuse of discretion. Can he be convicted of rape where the woman is deprived of reason or is otherwise unconscious? No. without which the courts cannot exercise their jurisdiction. jurisdiction over the offense will be acquired and will continue to be exercised by the court until termination of the case. If the offended party dies during the pendency of the case. When should the error in the name or identity be raised by the accused? The error should be raised before arraignment. X was charged with homicide. or else it is deemed waived. what is the effect of pardon by the offended party? The pardon by the offended party will not have any effect on the prosecution of the offense. After a complaint for a private crime has been filed in court. X was charged with rape committed through force and intimidation. The rule allowing the parents.

If homicide or murder is committed with the use of an unlicensed firearm. What are the offenses in which the particular place where the offense was committed is essential? 1. If he objects to the duplicitous information before arraignment. but the bullet killed two persons. He was charged with two counts of homicide in one information. except if the amendment will downgrade the offense or drop an accused from the complaint or information. In such a case. In such a case. but the information did not allege that X did not have any license to possess the firearm. he can be convicted of as many offenses as there are in the information. he cannot be convicted under the information. This is by special provision of RA 8294. and he may be convicted of as many offenses as there are charged. What is the principle of absorption? In cases of rebellion. must be made upon motion of the prosecutor 2. How many informations should be filed? Two informations – one for the slight physical injuries and the other for damage to property. Light felonies cannot be complexed. They cannot be charged as separate offenses in themselves. they will not be absorbed by rebellion. X contends that the information was invalid for failure to allege that he did not have a prescription from a physician. except when the law provides only one punishment for various offenses (compound and complex crimes under Art. Violation of Sunday Statutes (Election Law) 3. how many offenses are there? There is only one offense – murder or homicide aggravated by the use of unlicensed firearm. the name of the offended party may be dispensed with as long as the object taken or destroyed is particularly described to property identify the offense. What is the rule on duplicity of offenses? A complaint or information must charge only one offense. a complaint or information can be amended in form or in substance without leave of court. 48 of the RPC and special complex crimes). This is a compound crime in which one act results in two or more grave or less grave felonies. Can he be convicted under that information? Yes. robbery with violence or intimidation. In what cases is the name of the offended party indispensable? Slander. Same case. When can a complaint or information be amended? BEFORE PLEA. the right is deemed waived. the following requisites must be observed: 1. The absence of the license is an essential element of the offense. Therefore. with leave of court . Violation of election law (prohibiting the carrying of a deadly weapon within a 30-meter radius of polling places) What are the offenses in which the time of the commission of the offense is essential? 1. It need not be alleged in the information. Penalty on the keeper. (Dissenting opinion of J. X was charged with illegal possession of opium. surprises the accused in any way X was accused of illegal possession of firearms. Is X correct? No. But if he fails to object before arraignment. visitor of opium den 3. The information against X cannot be split into two because there was only one negligent act resulting in serious physical injuries and damage to property. with notice to the offended party 3. Abortion In what case is the name of the offended party dispensable? In offenses against property. The exception is when the common crimes are committed without any political motivation. The absence of the prescription is not an essential element of the offense and is only a matter of defense. a change of the theory of the trial 2. Infanticide 2. other crimes committed in the course of the crime are deemed absorbed in the crime of rebellion either as a means necessary for its commission or as an unintended effect of rebellion. X was charged with both robbery and estafa in one information. Violation of domicile 2. How many informations or complaints should be filed against X? Only one information should be filed for serious physical injuries and damage to property through reckless imprudence. Sabio – How can you complex when one is an RPC offense/malum in se and the other is a violation of a special law/malum prohibitum?) X was speeding on a highway when his car collided with another car. it should be alleged in the complaint or information. requires of the defendant a different defense 3. but the injuries suffered by the driver were only slight physical injuries. Trespass to dwelling 4. Is the information valid? No. What is the effect of the failure of the accused to object to a duplicitous information? If the accused fails to object before arraignment. In what case can an accused not be convicted of a crime different from that designated in the complaint or information even if the recitals allege the commission of the crime? If it involves: 1. Can he be convicted of both offenses? It depends.under which of the two cases the defendant is being charged. It falls under the exception to the rule. The other car was totally wrecked and the driver of the other car suffered serious physical injuries. watchman. The law provides only one penalty for the two offenses. X fired his gun once.

These allegations only relate to the range of the imposable penalty but not the nature of the offense. 2. What are the distinctions between amendment and substitution? 1. Where should a criminal action be instituted? a. Later. violation of BP22.4. When can a complaint or information be substituted? A complaint or information may be substituted if at any time before judgment. If committed on board a vessel in the course of its voyage: in the court of the first port of entry or of any municipality or territory where the vessel passed during the voyage. Examples are estafa. another preliminary investigation and plea is required. malversation. (Old J. 3. copies of the resolution should be furnished all parties. or other public or private vehicle: in the court of any municipality or territory where the vehicle passed during its trip. Is an additional allegation of habitual delinquency and recidivism a substantial amendment? No. the complaint is amended to include two other persons who allegedly conspired with X. Is an additional allegation of conspiracy a substantial amendment? Yes because it changes the theory of the defense. Substitution requires that the new information is for a different offense which does not include or is not necessarily included in the original charge. What is a continuing or transitory offense? Transitory offenses are crimes where some acts material and essential to the crimes and requisite to their commission occur in one municipality or territory and some in another. Sabio answer) The new answer is: No. Continuing offenses are consummated in one place. libel. who was charged as a principal to begin with. there is no need for a new preliminary investigation or plea. Is a change in the items stolen by the accused a substantial amendment? Yes because it affects the essence of the imputed crime and would deprive the accused of the opportunity to meet all the allegations in preparation of his defense. in substitution. When a defense which he had under the original information would no longer be available 2. But the court which first acquires jurisdiction excludes the other courts. substantial amendments are prohibited. .conspirators. It makes the accused liable not only for his own acts but also for those of his co. subject to the generally accepted principles of international law d. How do you determine jurisdiction over a continuing crime? The courts of the territories where the essential ingredients of the crime took place have concurrent jurisdiction. including the place of departure or arrival c. What are the rules on venue in libel cases? a. 4. the violation of the law is deemed continuing. In the court of the municipality or territory where the offense was committed or where any of its essential ingredients occurred (Exception: Sandiganbayan cases) b. When any evidence which he had under the original information would no longer be available 3. Can the court order the dismissal of the original complaint before a new one is filed in substitution? No. it appears that a mistake has been made in charging the proper offense. Amendment before plea can be effected without leave of court. it is not a substantial amendment in the following example: X is charged with murder as principal. Where the amendment is only as to form. These are amendments involving the recital of facts constituting the offense and determinative of the jurisdiction of the court. An amended information refers to the same offense charged or to one which necessarily includes or is necessarily included in the original charge. The amendment is merely a formal amendment because it does not prejudice the rights of X. All other matters are merely of form. When are the rights of the accused prejudiced by an amendment? 1. kidnapping. it is merely a formal amendment. yet by the nature of the offense. but substitution is always done with leave of court since it involves the dismissal of the original complaint. The criminal action for libel may be filed in the RTC of the province or the city where the libelous article is printed and first published. aircraft. and the accused cannot be convicted of the offense charged or of any other offense necessarily included therein. hence substantial amendments after plea cannot be made over the objection of the accused. Is a change in the nature of the offense due to supervening event a substantial amendment? No. Amendment may involve either formal or substantial changes. provided that he will not be placed in double jeopardy. If committed in a train. The court will not order the dismissal until the new information is filed. When any evidence which he had under the original information would not longer be applicable to the amended information What are substantial amendments? After plea. expecially the offended party AFTER PLEA. while substitution necessarily involves a substantial change. the court must state its reason in resolving the motion 5. abduction. only formal amendments may be made only with leave of court and when it can be done without causing prejudice to the rights of the accused. Can X invoke double jeopardy on the ground that the amendment is substantial?  No. Crimes committed outside the Phil but punishable under Article 2 of the RPC: any court where the action is first filed.

the filing fees thereof shall constitute a first lien on the judgment awarding such damages. or exemplary damages without specifying the amount thereof in the complaint or information. or has already instituted the criminal action. Can the offended party intervene in the prosecution of the criminal action? Yes. the criminal action may be filed in the RTC of Manila. 22 shall be deemed to include the corresponding civil action. but any cause of action which could have been the subject thereof may be litigated in a separate civil action. If the offended party is a public officer whose office is in Manila at the time of the commission of the offense. the offended party shall pay in full the filing fees based on the amount of the check involved. No reservation to file such civil action separately shall be allowed.b. temperate. (1a) (b)The criminal action for violation of Batas Pambansa Blg. If the offended party is a private individual. reserves the right to institute it separately or institutes the civil action prior to the criminal action. except if he has waived. nominal. The right belongs only to the government prosecutor who is the representative of the plaintiff. Upon filing of the aforesaid joint criminal and civil actions. 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 partvy waives the civil 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. Do the offended parties have the right to move for the dismissal of a case? No. If the offended party is a public officer whose office is outside Manila. If the amounts are not so alleged but any of these damages are subsequently . No counterclaim. is specified in the complaint or information.PROSECTUTION OF CIVIL ACTION Section 1. — (a) When a criminal action is instituted. 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. Can the offended party file a civil action for certiorari in his own name if the RTC dismisses an information? Yes. other than actual. c. When the offended party seeks to enforce civil liability against the accused by way of moral. Where the amount of damages. 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. no filing fees shall be required for actual damages. the petition may be filed by the offended party because the offended party has an interest in the civil aspect of the case. the corresponding filing fees shall be paid by the offended party upon the filing thereof in court. has reserved his right. Except as otherwise provided in these Rules. The reason for this rule is because of Article 100 of the RPC which provides that every person criminally liable shall also be civilly liable and also because there are certain offenses which cannot be prosecuted except upon complaint of the offended party. nominal. Where the complaint or information also seeks to recover liquidated. d. the offended party shall pay additional filing fees based on the amounts alleged therein. temperate or exemplary damages. cross-claim or third-party complaint may be filed by the accused in the criminal case. moral. which shall be considered as the actual damages claimed. RULE 111. Institution of criminal and civil actions. In case of grave abuse of discretion amounting to lack of jurisdiction.

as the case may be. A final judgment entered in favor of the offended party shall be enforced in the manner especially provided in these rules for prosecuting claims against the estate of the deceased. it may be consolidated with the criminal action upon application with the court trying the latter case. The consolidated criminal and civil actions shall be tried and decided jointly. It shall proceed independently of the criminal action and shall require only a preponderance of evidence. the civil action based on delict shall be deemed extinguished if there is a finding in a final judgment in the criminal action that the act or omission from which the civil liability may arise did not exist. If the accused dies before arraignment. Suspension by reason of prejudicial question. (6a) Section 7. the filing fees based on the amount awarded shall constitute a first lien on the judgment. However. and (b) the resolution of such issue determines whether or not the criminal action may proceed. the petition to suspend shall be filed in the same criminal action at any time before the prosecution rests. When the criminal action has been filed in court for trial. — A petition for suspension of the criminal action based upon the pendency of a prejudicial question in a civil action may be filed in the office of the prosecutor or the court conducting the preliminary investigation.awarded by the court. (cir. The court shall forthwith order said legal representative or representatives to appear and be substituted within a period of thirty (30) days from notice. Effect of death on civil actions. During the pendency of the criminal action. (2a) Section 3. the case shall be dismissed without prejudice to any civil action the offended party may file against the estate of the deceased. — A final judgment rendered in a civil action absolving the defendant from civil liability is not a bar to a criminal action against the defendant for the same act or omission subject of the civil action. — In the cases provided for in Articles 32. — After the criminal action has been commenced. The suspension shall last until final judgment is rendered in the criminal action. the running of the period of prescription of the civil action which cannot be instituted separately or whose proceeding has been suspended shall be tolled. — The elements of a prejudicial question are: (a) the previously instituted civil action involves an issue similar or intimately related to the issue raised in the subsequent criminal action. Nevertheless. be consolidated with the criminal action in the court trying the criminal action. The heirs of the accused may be substituted for the deceased without requiring the appointment of an executor or administrator and the court may appoint a guardian ad litem for the minor heirs. the trial of both actions shall proceed in accordance with section 2 of this Rule governing consolidation of the civil and criminal actions. — The death of the accused after arraignment and during the pendency of the criminal action shall extinguish the civil liability arising from the delict. Where the civil action has been filed separately and trial thereof has not yet commenced. the independent civil action may be brought by the offended party. (3a) Section 4. (n) Section 5. (n) The extinction of the penal action does not carry with it extinction of the civil action. (5a) . (4a) Section 6. In case of consolidation. the separate civil action arising therefrom cannot be instituted until final judgment has been entered in the criminal action. the independent civil action instituted under section 3 of this Rule or which thereafter is instituted to enforce liability arising from other sources of obligation may be continued against the estate or legal representative of the accused after proper substitution or against said estate. In no case. When separate civil action is suspended. If the application is granted. the latter shall be suspended in whatever stage it may be found before judgment on the merits. When civil action may proceeded independently. If the criminal action is filed after the said civil action has already been instituted. the same may. Judgment in civil action not a bar. 34 and 2176 of the Civil Code of the Philippines. may the offended party recover damages twice for the same act or omission charged in the criminal action. however. However. the evidence already adduced in the civil action shall be deemed automatically reproduced in the criminal action without prejudice to the right of the prosecution to cross-examine the witnesses presented by the offended party in the criminal case and of the parties to present additional evidence. 33. before judgment on the merits is rendered in the civil action. Elements of prejudicial question. upon motion of the offended party. 57-97) Section 2.

33.RULE 111 PROSECUTION OF CIVIL ACTION What is the general rule? The general rule is when a criminal action is instituted. b. When the offended party has reserved the right to institute it separately 3. a negligent act causing damage may produce two kinds of civil liability – one arising from crime and another from quasidelict. while quasi-delicts are only of private concern 2. When the offended party has instituted the civil action prior to the institution of the criminal action What is the civil action that is deemed instituted with the criminal action? Only the civil action for the recovery of civil liability arising from the offense under Article 100 of the RPC. What is the dual concept of civil liability? This means that civil liability may arise from crimes or from quasi-delicts. not the independent civil actions under Article 32. or other public or private vehicle: in the court of any municipality or territory where the vehicle passed during its trip. 34 and 2176 of the Civil Code. If committed in a train. the civil action for the recovery of the civil liability arising from the offense charged under Article 100 of the RPC shall be deemed instituted with the criminal action. Crimes affect public interest. aircraft. When the offended party has waived the civil action 2. while the Civil Code merely repairs the damage by means of indemnification 3. The RPC punishes or corrects the criminal act. including the place of departure or arrival What are the differences between a crime and a quasi-delict? 1. What are the exceptions? The civil action is not deemed instituted in the following cases: 1. Thus. The only limitation is that the offended party may not recover twice from the same act. Crimes are punished only if there is a law .

When the defendant is absolved of civil . the civil action shall be suspended in whatever stage it may be found before judgment on the merits. When there is a declaration in the decision that the liability of the accused is only civil 3. However. is the offender still liable for them? Yes because every person criminally liable is also civilly liable. there are two offended parties – the state and the private offended party. What is the basis for the broader concept of civil liability? The broader concept of civil liability means that every person criminally liable is also civilly liable. When the civil liability is not derived from or based on the criminal act of which the accused is acquitted. The evidence presented at the civil action shall be deemed reproduced in the criminal action without prejudice to the right of the prosecution to cross-examine the witness presented by the offended party in the criminal case and of the parties to present additional evidence. The independent civil actions are not suspended and may continue even if the criminal action has been instituted. if the decision contains a finding that the act from which the civil liability may arise does not exist.providing for their punishment. it should be resolved first. can the offended party make a reservation of the civil action? No. The criminal action requires proof of guilt beyond reasonable doubt. reparation. 34. the civil liability is extinguished. They may proceed independently of the criminal action and shall require only a preponderance of evidence. the offended party may not recover twice from the same act. The actual damages and the filing fees shall be equivalent to the value of the check. What constitutes civil liability? According to Article 104 of the RPC. while the civil action requires mere preponderance of evidence. without prejudice to any civil action that the offended party may file against the estate of the deceased. the civil action may be consolidated with the criminal action at any time before judgment on the merits upon motion of the offended party with the court trying the criminal action. Can the accused file a counterclaim in the criminal case? No. However. The suspension shall last until final judgment is rendered in the criminal action. The consolidated criminal actions shall be tried and decided jointly. Nonetheless. the two actions required different quantum of evidence. When the acquittal is based on reasonable doubt 2. In a BP 22 case. What is the reason for the rule requiring reservation? The reason is to prevent double recovery from the same act or omission. Can you compel a judge by mandamus to award civil damages? Yes because every person criminally liable is also civilly liable and also because even if the accused is acquitted. while in the civil action. What is the effect of an acquittal on the civil action? The general rule is the civil action is not necessarily extinguished by the acquittal of the accused. the case shall be dismissed. This is subject to the exception when the offended party has waived or has reserved the right to institute the civil action separately. However. This is because in a criminal offense. the separate civil action arising therefrom cannot be instituted until final judgment has been entered in the criminal action. When should the reservation be made? The reservation should be made before the prosecution presents its evidence and under circumstances affording the offended party a reasonable opportunity to make such reservation. Also. the party is the private offended party. He should only get the bigger award. quasi-delict is broader in scope. while quasi-delicts include all acts where fault or negligence intervenes. and 2176 of the Civil Code. When is the separate civil action suspended? After the criminal action has been commenced. Are the independent civil actions also deemed suspended with the filing of the criminal action? No. the independent civil actions may be filed against the estate of the accused after proper substitution. Even if the accused is acquitted. and the heirs of the accused may also be substituted for the deceased. both the criminal and civil liability arising from the crime shall be extinguished. If the criminal action is filed after the civil action was instituted. it constitutes restitution. Only the civil action arising from the crime under Article 100 is suspended. What are the independent civil actions? The independent civil actions are those provided in Articles 32. If the accused dies before arraignment. The criminal action shall be deemed to include the civil action. What is the effect of the death of the accused on the criminal and civil actions? If the accused dies after arraignment and during the pendency of the criminal action. the court can still award civil liability in the following cases: 1. 33. Therefore. and indemnification for consequential damages. there are cases when he is still civilly liable. and the offended party is not allowed to make the reservation. If the complaint does not contain an allegation of damages. the party is the state. Exception: When there is a prejudicial question in a previously filed civil action. What is the reason for allowing the civil liability to subsist in spite of the acquittal of the accused? This is because the parties in the criminal and civil action are different – in the criminal action.

the state is a party in a criminal action.liability in a civil action. RULE 112. can a criminal action still be filed against him? Yes. Except as provided in section 7 of this Rule. When is an action for annulment of marriage prejudicial to a bigamy case? An action for annulment of marriage is prejudicial to a bigamy case only if the accused in the bigamy charge is also the one asking for annulment of the second (bigamous) marriage based on vitiation of consent. the converse is not true. and should be held for trial. While every person criminally liable is also civilly liable.Preliminary Investigation Section 1. Therefore. Moreover. Besides. The previously filed civil action involves an issue which is similar or is intimately related with an issue raised in the subsequent criminal action 2. Officers authorized to conduct preliminary investigations. It would thus be determinative of the guilt or innocence of the accused. even if the defendant is absolved of civil liability in a civil action. then it would also mean that the party did not willingly commit the crime of bigamy. What are the elements of a prejudicial question? 1. . a preliminary investigation is required to be conducted before the filing of a complaint or information for an offense where the penalty prescribed by law is at least four (4) years. while that required in the criminal action is proof beyond reasonable doubt. (b)Judges of the Municipal Trial Courts and Municipal Circuit Trial Courts. two (2) months and one (1) day without regard to the fine. Preliminary investigation defined. This is because in such a case. The resolution of the issue will determine whether or not the criminal action may proceed. when required. if the court declares that the party’s consent was indeed vitiated and annuls the marriage. while only the private offended party is a party in the civil action. — Preliminary investigation is an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof. a criminal action can still be filed against him. What is a prejudicial question? A prejudicial question is one based on a fact separate and distinct from the crime but is so intimately related to it that it determines the guilt or innocence of the accused. the quantum of evidence in the civil action is only preponderance of evidence. (1a) Section 2. — The following may conduct preliminary investigations: (a)Provincial or City Prosecutors and their assistants.

They may. If upon petition by a proper party under such rules as the Department of Justice may prescribe or motu proprio. he shall direct the prosecutor concerned either to file the corresponding information without conducting another preliminary investigation. however. the investigating officer shall resolve the complaint based on the evidence presented by the complainant. The counter-affidavits shall be subscribed and sworn to and certified as provided in paragraph (a) of this section. an authorized officer. or direct any other assistant prosecutor or state prosecutor to do so without conducting another preliminary investigation. Procedure. or issue a subpoena to the respondent attaching to it a copy of the complaint and its supporting affidavits and documents. No complaint or information may be filed or dismissed by an investigating prosecutor without the prior written authority or approval of the provincial or city prosecutor or chief state prosecutor or the Ombudsman or his deputy. The affidavits shall be subscribed and sworn to before any prosecutor or government official authorized to administer oath. Within five (5) days from his resolution. It shall be terminated within five (5) days. he shall prepare the resolution and information. (c)Within ten (10) days from receipt of the subpoena with the complaint and 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. does not submit counter-affidavits within the ten (10) day period. or. or as shown by the record. file the information against the respondent. with copies thereof furnished by him to the complainant.(c)National and Regional State Prosecutors. as well as other supporting documents to establish probable cause. or if subpoenaed. the complainant may be required to specify those which he intends to present against the respondent. and that he was given an opportunity to submit controverting evidence. that there is reasonable ground to believe that a crime has been committed and that the accused is probably guilty thereof. (b)Within ten (10) days after the filing of the complaint. (e)The investigating officer may set a hearing if there are facts and issues to be clarified from a party or a witness. — If the investigating prosecutor finds cause to hold the respondent for trial. Resolution of investigating prosecutor and its review. before a notary public. the latter may. Where the investigating prosecutor recommends the dismissal of the complaint but his recommendation is disapproved by the provincial or city prosecutor or chief state prosecutor or the Ombudsman or his deputy on the ground that a probable cause exists. and (d)Other officers as may be authorized by law. The respondent shall not be allowed to file a motion to dismiss in lieu of a counter-affidavit. each of who must certify that he personally examined the affiants and that he is satisfied that they voluntarily executed and understood their affidavits. has personally examined the complainant and his witnesses. or to the Ombudsman or his deputy in cases of offenses cognizable by the Sandiganbayan in the exercise of its original jurisdiction. He shall certify under oath in the information that he. by himself. submit to the investigating officer questions which may be asked to the party or witness concerned. the respondent shall submit his counter-affidavit and that of his witnesses and other supporting documents relied upon for his defense. (3a) Section 4. The parties can be present at the hearing but without the right to examine or cross-examine. They shall act on the resolution within ten (10) days from their receipt thereof and shall immediately inform the parties of such action. the investigating officer shall determine whether or not there is sufficient ground to hold the respondent for trial. (d)If the respondent cannot be subpoenaed. that the accused was informed of the complaint and of the evidence submitted against him. Their authority to conduct preliminary investigations shall include all crimes cognizable by the proper court in their respective territorial jurisdictions. or to dismiss or . (f)Within ten (10) days after the investigation. and these shall be made available for examination or copying by the respondent at his expense. he shall forward the record of the case to the provincial or city prosecutor or chief state prosecutor. Objects as evidence need not be furnished a party but shall be made available for examination. 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. or photographing at the expense of the requesting party. in their absence or unavailability. (2a) Section 3. he shall recommend the dismissal of the complaint. Otherwise. the Secretary of Justice reverses or modifies the resolution of the provincial or city prosecutor or chief state prosecutor. copying. plus two (2) copies for the official file. — The preliminary investigation shall be conducted in the following manner: (a)The complaint shall state the address of the respondent and shall be accompanied by the affidavits of the complainant and his witnesses. the investigating officer shall either dismiss it if he finds no ground to continue with the investigation. If the evidence is voluminous. They shall be in such number of copies as there are respondents.

(b) the affidavits. The same rule shall apply in preliminary investigations conducted by the officers of the Office of the Ombudsman. When conducted by the prosecutor. (c) the undertaking or bail of the accused and the order for his release. or by the Ombudsman or his deputy. — The record of the preliminary investigation. he may apply for bail and the investigation must be terminated within fifteen (15) days from its inception. In case of doubt on the existence of probable cause. as amended. the complaint or information may be filed by a prosecutor without need of such investigation provided an inquest has been conducted in accordance with existing rules. may order the production of the record or any its part when . However. the procedure for the issuance of a warrant or arrest by the judge shall be governed by paragraph (a) of this section. and (e) the order of cancellation of his bail bond. 2. However. for appropriate action. as the case may be. he shall follow the procedure provided in section 3 of this Rule. (b)Record of preliminary investigation. or to the Ombudsman or his deputy in cases of offenses cognizable by the Sandiganbayan in the exercise of its original jurisdiction. If he finds probable cause. or a commitment order if the accused has already been arrested pursuant to a warrant issued by the judge who conducted the preliminary investigation or when the complaint or information was filed pursuant to section 7 of this Rule. Resolution of investigating judge and its review. the provincial or city prosecutor. When accused lawfully arrested without warrant. Municipal Trial Court in Cities. in the presence of his counsel. counter-affidavits and other supporting evidence of the parties. or Municipal Circuit Trial Court may be conducted by either the judge or the prosecutor. The resolution shall state the findings of facts and the law supporting his action. on its own initiative or on motion of any party. sec. (4a) Section 5. After the filing of the complaint or information in court without a preliminary investigation. shall review the resolution of the investigating judge on the existence of probable cause. — A warrant of arrest shall not issue if the accused is already under detention pursuant to a warrant issued by the municipal trial court in accordance with paragraph (b) of this section. the court. the accused may. — When required pursuant to the second paragraph of section 1 of this Rule. Municipal Trial Court. the judge may order the prosecutor to present additional evidence within five (5) days from notice and the issue must be resolved by the court within thirty (30) days from the filing of the complaint of information. within five (5) days from the time he learns of its filing. R. Notwithstanding the waiver. shall not form part of the record of the case. ask for a preliminary investigation with the same right to adduce evidence in his defense as provided in this Rule. They shall order the release of an accused who is detained if no probable cause is found against him. — When a person is lawfully arrested without a warrant involving an offense which requires a preliminary investigation. the person arrested may ask for a preliminary investigation in accordance with this Rule. that a probable cause exists and that there is a necessity of placing the respondent under immediate custody in order not to frustrate the ends of justice. — An information or complaint filed in court shall be supported by the affidavits and counter-affidavits of the parties and their witnesses. if the arrest is by virtue of a warrant. (d) the transcripts of the proceedings during the preliminary investigation. In the absence or unavailability of an inquest prosecutor. When the investigation is conducted by the judge himself. 7438) Section 8. Records. together with the record of the case which shall include: (a) the warrant. without waiting for the conclusion of the investigation. the investigating judge shall transmit the resolution of the case to the provincial or city prosecutor. — (a) Records supporting the information or complaint. (c)When warrant of arrest not necessary. If the findings and recommendations are affirmed by the provincial or city prosecutor. The court shall then proceed in the exercise of its original jurisdiction.move for dismissal of the complaint or information with notice to the parties. When warrant of arrest may issue. Within thirty (30) days from receipt of the records. (7a. Their ruling shall expressly and clearly state the facts and the law on which it is based and the parties shall be furnished with copies thereof. (6a) Section 7. or if the complaint or information was filed pursuant to section 7 of this Rule or is for an offense penalized by fine only. — Within ten (10) days from the filing of the complaint or information. together with the other supporting evidence and the resolution on the case. whether conducted by a judge or a fiscal. the preliminary investigation of cases falling under the original jurisdiction of the Metropolitan Trial Court. and the corresponding information is filed. No. — Within ten (10) days after the preliminary investigation. the judge shall personally evaluate the resolution of the prosecutor and its supporting evidence. or the Ombudsman or his deputy. (b)By the Municipal Trial Court.A. — (a) By the Regional Trial Court. he shall issue a warrant of arrest. he shall issue a warrant of arrest. but he must sign a waiver of the provisions of Article 125 of the Revised Penal Code. He may immediately dismiss the case if the evidence on record clearly fails to establish probable cause. if the resolution is for the dismissal of the complaint. the complaint may be filed by the offended party or a peace office directly with the proper court on the basis of the affidavit of the offended party or arresting officer or person. Before the complaint or information is filed. the judge may issue a warrant of arrest if he finds after an examination in writing and under oath of the complainant and his witnesses in the form of searching question and answers. (5a) Section 6.

— (a)If filed with the prosecutor. — If the complaint is filed directly with the prosecutor involving an offense punishable by imprisonment of less four (4) years.necessary in the resolution of the case or any incident therein. He may. or after personally examining in writing and under oath the complainant and his witnesses in the form of searching question and answers. However. to determine further the existence of probable cause. or a commitment order if the accused had already been arrested. the procedure outlined in section 3(a) of this Rule shall be observed. within ten (10) days from notice. two (2) months and one (1) day. he shall issue a warrant of arrest. (8a) Section 9. Cases not requiring a preliminary investigation nor covered by the Rule on Summary Procedure. he shall dismiss the same. require the submission of additional evidence. the judge finds no probable cause after personally evaluating the evidence. — If the complaint or information is filed directly with the Municipal Trial Court or Municipal Circuit Trial Court for an offense covered by this section. (9a) . he shall. within ten (10) days from its submission or expiration of said period. he may issue summons instead of a warrant of arrest. however. or when it is to be introduced as an evidence in the case by the requesting party. (b)If filed with the Municipal Trial Court. When he finds probable cause. if the judge is satisfied that there is no necessity for placing the accused under custody. the procedure in section 3(a) of this Rule shall be observed. dismiss the case. If the judge still finds no probable cause despite the additional evidence. If within ten (10) days after the filing of the complaint or information. The prosecutor shall act on the complaint based on the affidavits and other supporting documents submitted by the complainant within ten (10) days from its filing. and hold him for trial.

what is the remedy of the accused? He must immediately appeal it to the appellate court. should a new preliminary investigation be conducted? Yes. It does not place the accused in jeopardy. Is the lack of a preliminary investigation a ground for dismissing a complaint? No. Judges of the MTCs 3. The complaint shall state the address of the respondent and shall be accompanied by the affidavits of the complainants and his witnesses as well as other documents to establish probable cause. regardless of the fine. It is also not an element of due process. and its function is not to determine the guilt of the accused but merely to determine the existence of probable cause.  The respondent shall have the right to examine the evidence. What is important is that there was actually an investigation. the investigating officer shall either: a. In such a case. or b. When is it required? Before a complaint or information is filed. What is the procedure in conducting a preliminary investigation? 1. from the trouble. and should be held for trial. The preliminary investigation is not part of the trial. issue a subpoena to the respondent accompanied by the complaint and affidavits. The absence of a preliminary investigation does not affect the jurisdiction of the court but merely the regularity of the proceedings. and burden of defending himself in a formal trial unless the reasonable probability of his guilt shall have been first ascertained in a fairly summary proceeding by a competent officer. 2. The court cannot dismiss the complaint on this ground. 2. To determine if there is sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof. What is the scope of preliminary investigation? Preliminary investigation is merely inquisitorial and it is often the only means of discovering whether the offense has been committed and the persons responsible for it to enable the fiscal to prepare his complaint or information. and 1 day. Within 10 days from the filing of the complaint. Can an accused demand the right to confront and cross-examine his witnesses during the preliminary investigation? No. Comelec with respect to election offenses 5. He cannot later raise the issue for the first time on appeal. What is the purpose of a preliminary investigation? 1. except if the accused was arrested by virtue of a lawful arrest without warrant. and should be held for trial. malicious and oppressive prosecution. it is deemed waived. expense. Provincial or city prosecutors and their assistants 2. What if the court denies the invocation of the right to a preliminary investigation. 2 months. the . and to protect him from an open and public accusation of a crime. or else. etc. To protect the state from having to conduct useless and expensive trials. It is not a trial on the merits and has no purpose but to determine whether there is probable cause to believe that an offense has been committed and that the accused is probably guilty of it. 3. PCGG with respect to ill-gotten wealth cases Can RTC judges conduct a preliminary investigation? No. If the complaint or information is amended. The affidavits must be subscribed and sworn before the prosecutor or government official authorized to administer oath or notary public. it is a statutory right and may be waived expressly or by silence. When should the right to preliminary investigation be invoked? The accused should invoke it before plea. Although this should not be confused with the authority of the RTC to conduct an examination for the purpose of determining probable cause when issuing a warrant of arrest. 3. should a new preliminary investigation be conducted? No. dismiss it if he finds no ground to continue the investigation. expenses and anxiety of a public trial. that the accused was informed thereof and was allowed to present controverting evidence. unless it is expressly granted by law. What is the effect of the absence of a certification that a preliminary investigation was conducted? It is of no consequence. To secure the innocent against hasty. It is summary and inquisitorial in nature. etc. If the complaint or information is substituted.RULE 112 PRELIMINARY INVESTIGATION What is preliminary investigation? Preliminary investigation is an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof. Within 10 days from receipt of the subpoena. Ombudsman with respect to Sandiganbayan offenses and other offenses committed by public officers 6. To protect the accused from the inconvenience. Is the right to a preliminary investigation a fundamental right? No. 4. Who may conduct a preliminary investigation? 1. and it should instead conduct the investigation or order the fiscal or lower court to do it. National and Regional State Presecutors 4. preliminary investigation is required for all offenses punishable by imprisonment of at least 4 years. the complaint or information may be filed without a preliminary investigation unless the accused asks for a preliminary investigation and waives his rights under Article 125 of the RPC.

Raise it as an error on appeal 5. b. If he finds no probable cause. 6. the latter may either: a. The matter should be left to the determination of the Court. the investigating officer may set a hearing. It shall be terminated within 5 days. it is an executive function. Preliminary investigation is a summary proceeding and is merely inquisitorial in nature. what is the remedy of the accused? (RICA P) 1. the investigating officer shall resolve the complaint based on the evidence submitted by the complainant. or b. Within 10 days from the termination of the investigation. that there is reasonable ground to believe that a crime has been committed and that the accused is probably guilty thereof. Preliminary investigation is conducted for the purpose of determining if there is probable cause to hold a person for trial. Since it is a judicial proceeding. he shall prepare the resolution and certify under oath in the information that: a. If it is made in a preliminary investigation for the purpose of determining whether there is reasonable ground to believe that the accused has committed the offense and should be held for trial. Is the presence of counsel in the preliminary investigation mandatory? No. that the accused was informed of the complaint and of the evidence against him. If the Secretary of Justice gives due course to the appeal. acting on the facts within the knowledge of the prosecutor. No complaint of information may be filed or dismissed by an investigating prosecutor without the prior written authority or approval of the provincial or city prosecutor or chief state prosecutor or the Ombudsman. Is a preliminary investigation a judicial proceeding? Yes because there is an opportunity to be heard and the production and weighing of evidence upon which a decision is rendered. upon petition by a proper party or by itself. as far as practicable. he shall forward the record of the case to the provincial or city prosecutor of chief state prosecutor of the Ombudsman. Whether the function . 5. He cannot preempt trial by filing a motion to quash on the ground of insufficiency of evidence. 2. If it is made for the issuance of a warrant of arrest by a judge. How does the investigating prosecutor resolve the findings after preliminary investigation? 1. that the person charged was guilty of the crime for which he was prosecuted. Can the accused file a motion to quash based on insufficiency of evidence? No. Affidavits should also be sworn and subscribed. the requirement of due process in judicial proceedings is also required in preliminary investigations.respondent shall submit his counter-affidavit. the investigating officer shall determine whether or not there is probable cause to hold the respondent for trial. what should the trial judge do? He should suspend proceedings and defer arraignment pending the resolution of the appeal. 4. If he finds probable cause to hold the respondent for trial. or the ombudsman. The hearing shall be held within 10 days from the submission of the counteraffidavits or from the expiration of the period of their submission. it is a judicial function. The Secretary of Justice may. The respondent cannot file a motion to dismiss in lieu of a counter-affidavit. he shall direct the prosecutor concerned to either file the information without need for a new preliminary investigation or to dismiss or move for its dismissal if already filed in court. but his recommendation is disapproved by the provincial or city prosecutor or chief state prosecutor or Ombudsman on the ground that probable cause exists. but they cannot cross-examine. direct another assistant prosecutor to file the information without need for a new preliminary investigation. What is the difference between criminal investigation and preliminary investigation? Criminal investigation is a fact-finding investigation carried out by law-enforcement officers for the purpose of determining whether they should file a complaint for preliminary investigation. If there was no preliminary investigation conducted. reverse or modify the resolution of the provincial or city prosecutor. 3. 5. The parties can be present. File a petition for prohibition What should the Secretary of Justice do if an information that has already been filed in court is appealed to him? He should. They shall act on the resolution within 10 days from receipt and shall immediately inform the parties of such action. refrain from entertaining the appeal. 4. file the information. and other documents in his defense. the chief state prosecutor. The accused cannot yet invoke the full exercise of his rights. If there are facts and issued which need to be clarified. by himself. d. that he was given an opportunity to submit controverting evidence. Insist on a preliminary investigation 3. Refuse to enter plea 2. he or an authorized officer has personally examined the complainant and his witnesses. Is the determination of probable cause a judicial or executive function? It depends. he shall recommend the dismissal of the complaint. File certiorari if refused 4. If the investigating prosecutor recommends the dismissal of the complaint. In such a case. c. 6. the affidavits of his witnesses. What is probable cause? Probable cause is the existence of such facts and circumstances as would excite the belief in a reasonable mind. Within 5 days from his resolution. If the respondent cannot be subpoenaed or if he fails to file his counter-affidavit within 10 days.

of determining probable cause has been correctly discharged by the prosecutor is a matter that the trial court itself does not and may not pass upon. What is a warrant of arrest? A warrant of arrest is a legal process issued by competent authority. the investigating judge shall transmit the resolution of the case to the provincial or city prosecutor. or to the Ombudsman for appropriate action. an examination in writing and under oath of the complainant and his witnesses b. the order of cancellation of the bail bond if the resolution is for the dismissal of the complaint 3. appeal the judgment after trial (no certiorari) What is the procedure in resolving a complaint when the preliminary investigation is conducted by a judge? 1. The judge cannot change the charge in the complaint but must make a finding on whether or not the crime charged has been committed. If the preliminary investigation was conducted by a prosecutor. By the MTC 1. 5. and supporting evidence c. motion to quash the information 5. He may immediately dismiss the case if the evidence fails to establish probable cause. expressly and clearly stating the facts and the law on which it is based. if denied. What happens if the judge fails to resolve the case within 10 days from the termination of the investigation? This constitutes dereliction of duty and is a ground for dismissal of the judge. If the investigating judge did not issue a warrant for the arrest of the accused during the preliminary investigation. in the form of searching questions and answers that probable cause exists AND that there is a necessity of placing the accused under immediate custody in order not to frustrate the ends of justice. ask for reinvestigation 3. Within 10 days after the termination of the preliminary investigation. without waiting for the conclusion of the investigation. post bail 2. They shall order the release of an accused who is detained if no probable cause is found against him. 3. 3. he may issue a warrant of arrest if he finds after: a. If the preliminary investigation was conducted by the MTC judge and his findings are affirmed by the prosecutor. same procedure as above 2. the undertaking or bail and the order of release d. the affidavits. In case of doubt on the existence of probable cause. he shall issue a warrant of arrest. This would require a mere preponderance of evidence. The parties shall be furnished with copies thereof. make a conclusion as whether or not it suffices to establish the guilt of the accused. He should not file for mandamus because that could take two years to resolve. It would be asking the court to examine and assess such evidence as has been submitted by the parties before trial and on the basis thereof. Is the finding of a judge that probable cause exists for the purpose of issuing a warrant of arrest subject to judicial review? No. What is the remedy of the complainant if the Secretary of Justice does not allow the filing of a criminal complaint against the accused because of insufficiency of evidence? He can file a civil action for damages against the offender based on Article 35 of the Civil Code. 4. If he finds probable cause. counter-affidavits. The resolution shall state the findings of fact and law supporting his action together with the record of the case which shall include: a. the provincial or city prosecutor or the Ombudsman shall review the resolution of the judge. When may a warrant of arrest be issued? By the RTC 1. Those which are cognizable by the RTC 2. Within 10 days from the filing of the complaint or information. After preliminary investigation. what is the remedy of the prosecutor if he believes that the accused should be immediately placed under custody? He should file the information in court. 4. What are the kinds of offenses that may be filed with the MTC for preliminary investigation? 1. so that the RTC may issue the warrant of arrest. They shall act on the resolution. the warrant if the arrest is by virtue of a warrant b. the transcripts of the proceedings e. directing the arrest of a person or persons upon grounds stated therein. the judge shall personally evaluate the resolution of the prosecutor and its supporting evidence. and the corresponding information is filed. However. What are the remedies of a party against whom a warrant of arrest has been issued? 1. the judge may order the prosecutor to present additional evidence within 5 days from notice and the issue must be resolved within 30 days from the filing of the complaint or information. Those cognizable by the MTC where the penalty . petition for review 4. What is the difference between preliminary investigation conducted by the prosecutor and one conducted by the judge? The prosecutor is not bound by the designation of the offense in the complaint. 6. 2. he may file any case as warranted by the facts. 2. he shall issue a warrant of arrest or a commitment order if the accused has already been arrested by virtue of a warrant issued by the MTC judge who conducted the preliminary investigation or if he was arrested by virtue of a lawful arrest without warrant. Within resolution of the judge 30 days from the receipt of the records.

2. What are the principles governing the finding of probable cause for the issuance of a warrant of arrest? 1. Since their objectives are different. The investigation must be terminated within 15 days. and it should be read and adequately explained to the arrestee by his counsel in the language or dialect known to him. the accused may. 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. The custodial investigation report shall be reduced to writing. . while the judge determines it for the purpose of issuing a warrant of arrest – whether there is a necessity of placing him under immediate custody in order not to frustrate the ends of justice. ask for a preliminary investigation. b. When the accused is already under detention issued by the MTC 2. and 1 day regardless of the fine When is a warrant of arrest not necessary? 1. If he thinks that there is no necessity for placing the accused under custody. If he still finds no probable cause. the offended party or any peace officer may file the complaint directly in court on the basis of the affidavit of the offended party or peace officer. He must have sufficient supporting documents upon which to make his independent judgment. within 10 days from notice. he may ask for one provided that he signs a waiver of his rights under Article 125 of the RPC in the presence of counsel. The judge must decide independently and must have supporting evidence other than the prosecutor’s bare report. 2. But if there is sufficient description to identify the person to be arrested. the prosecutor shall act on the complaint based on the affidavits and other supporting documents submitted by the complainant within 10 days from its filing. he shall dismiss the case. he shall issue a warrant of arrest or a commitment order and hold him for trial. within 5 days from the time he learns of his filing. then the warrant is valid. he may issue summons instead. 2 months.is at least 4 years. 2. What is an inquest? An inquest is an informal and summary investigation conducted by a public prosecutor in a criminal case involving persons arrested and detained without the benefit of a warrant of arrest issued by the court for the purpose of determining whether said persons should remain under custody and correspondingly charged in court. He may require the submission or additional evidence. John Doe warrants are void because they violate the constitutional provision that requires that warrants of arrest should particularly describe the person or persons to be arrested. 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. When the penalty is a fine only Are “John Doe” warrants valid? Generally. If he finds probable cause. In the absence of an inquest prosecutor. There is a distinction between the objective of determining probable cause by the prosecutor and by the judge. What is the procedure in cases not requiring a preliminary investigation? 1. 3. How should the complaint or information be filed when the accused is lawfully arrested without warrant? The complaint or information may be filed by a prosecutor without need for a preliminary investigation provided an inquest proceeding has been conducted in accordance with existing rules. c. When the accused was arrested by virtue of a lawful arrest without warrant 3. What is the remedy of the person arrested without warrant if he wants a preliminary investigation? Before the complaint or information is filed. It is not required that the complete or entire records of the case during the preliminary investigation be submitted to and examined by the judge. the judge should not rely solely on the report of the prosecutor in finding probable cause to justify the issuance of a warrant of arrest. If filed with the prosecutor. If filed with the MTC: a. He may still apply for bail in spite of the waiver. What are the guidelines to safeguard the rights of an accused who has been arrested without a warrant? 1. The prosecutor determines it for the purpose of filing a complaint or information. he shall dismiss the complaint or information. If within 10 days from the filing of the complaint or information. After the complaint of information is filed but before arraignment.

he shall state the reasons therefor. or forcibly resists before the person making the arrest has opportunity to so inform him. The officer need not have the warrant in his possession at the time of the arrest but after the arrest. or when the giving of such information will imperil the arrest. how made. — An arrest is made by an actual restraint of a person to be arrested. unless the latter is either engaged in the commission of an offense. Method of arrest by officer without warrant. flees or forcibly resists before the officer has opportunity so to inform him.the warrant. (2a) Section 3. the person to be arrested has committed. has escaped. Duty of arresting officer. the officer shall inform the person to be arrested of his authority and the cause of the arrest. In case of his failure to execute Section 7. Execution of warrant. Time of making arrest. or has escaped. except when he flees or forcibly resists before the officer has opportunity to so inform him. Method of arrest by private person. (7a) Section 8. Section 6. — When making an arrest by virtue of a warrant. Definition of arrest. Within ten (10) days after the expiration of the period. (3a) Section 4. or when the giving of such information will imperil the arrest. or is attempting to commit an offense. a private person shall inform the person to be arrested of the intention to arrest him and cause of the arrest. the person arrested without a warrant shall be forthwith delivered to the nearest police station or jail and shall be proceeded against in accordance with section 7 of Rule 112. (6) RULE 113. is pursued immediately after its commission. is pursued immediately after its commission. The person arrested shall not be subject to a greater restraint than is necessary for his detention. and (c)When the 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. in his presence. (b)When an offense has just been committed. or when the giving of such information will imperil the arrest. the officer to whom it was assigned for execution shall make a report to the judge who issued the warrant. (9a) . and he has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it. No violence or unnecessary force shall be used in making an arrest. if the person arrested so requires. without a warrant. Arrest. Arrest without warrant. the officer shall inform the person to be arrested of the cause of the arrest and of the fact that a warrant has been issued for his arrest. — It shall be the duty of the officer executing the warrant to arrest the accused and to deliver him to the nearest police station or jail without unnecessary delay. — 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.Arrest Section 1. is actually committing. flees. or has escaped while being transferred from one confinement to another. or by his submission to the custody of the person making the arrest. — When making an arrest. (4a) Section 5. when lawful. — An arrest may be made on any day and at any time of the day or night. (8a) Section 9. In cases falling under paragraph (a) and (b) above. Method of arrest by officer by virtue of warrant. unless the latter is either engaged in the commission of an offense. — Arrest is the taking of a person into custody in order that he may be bound to answer for the commission of an offense. — When making an arrest without a warrant. arrest a person: (a)When. the warrant shall be shown to him as soon as practicable. (1) Section 2. — A peace officer or a private person may.

it must be shown to him as soon as practicable. (11a) Section 12. and the officer to whom it is assigned for execution must make a report to the judge who issued it within 10 days from the expiration of the period.Section 10. (13) Section 14. at the request of the person arrested or of another acting in his behalf. have the right to visit and confer privately with such person in the jail or any other place of custody at any hour of the day or night. in making the arrest. If he fails to execute it. Right of attorney or relative to visit person arrested. Subject to reasonable regulations. Right to break out from building or enclosure. When is an arrest without warrant lawful? A peace officer or private person may arrest without warrant: 1. — If a person lawfully arrested escapes or is rescued. — Any member of the Philippine Bar shall. the person to be arrested has committed. (12a) Section 13. must “stand his ground”? It means that the officer may use such force as is reasonably necessary to effect the arrest. The plain view doctrine is applicable in this case because there was a prior valid intrusion. so the police officer followed. How is an arrest made? Arrest is made by an actual restraint of the person to be arrested or by his submission to the custody of the person making the arrest. without prejudice to his liability for violation of domicile. What if the officer merely peeks through the window of the house and sees the drugs – can he confiscate them? Can he use them as evidence? He can confiscate them. — Whenever an officer has entered the building or enclosure in accordance with the preceding section. What does it mean when jurisprudence says that the officer. When the 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 another. What is the duty of the arresting officer who arrests a person? He must deliver the person immediately to the nearest jail or police station. The person went inside a house. he may break out therefrom when necessary to liberate himself. The head of the office to whom the warrant was delivered must cause it to be executed within 10 days from its receipt. he had a right to be there. there being no previous valid intrusion. — An officer. after announcing his authority and purpose. Inside the house. When an offense has just been committed. — An officer making a lawful arrest may orally summon as many persons as he deems necessary to assist him in effecting the arrest. and he has probable cause based on personal knowledge of facts and circumstances that the person to be arrested has committed it. or without a warrant as provided in section 5. Within what period must a warrant of arrest be served? There is no time period. (14a) RULE 113 ARREST What is arrest?Arrest is the taking of a person into custody in order that he may be bound to answer for the commission of an offense. in order to make an arrest either by virtue of a warrant. Every person so summoned by an officer shall assist him in effecting the arrest when he can render such assistance without detriment to himself. Officer may summon assistance. . a relative of the person arrested can also exercise the same right. A warrant of arrest is valid until the arrest is effected or until it is lifted. but after the arrest. he should state the reasons therefor. A police officer was chasing a person who had just committed an offense. 2. may break into any building or enclosure where the person to be arrested is or is reasonably believed to be. the police officer saw drugs lying around. Can he confiscate the drugs? Can he use them as evidence? Yes. He cannot use them as evidence because the seizure cannot be justified under the plain view doctrine. if he is refused admittance thereto. and 3. is actually committing. Arrest after escape or rescue. (10a) Section 11. When should an arrest be made? It can be made on any day and at any time of the day and night. When in his presence. and the evidence was immediately apparent. the police officer inadvertently discovered the evidence. Can an officer arrest a person against whom a warrant has been issued even if he does not have the warrant with him? Yes. any person may immediately pursue or retake him without a warrant at any time and in any place within the Philippines. or is about to commit an offense. if the person arrested requires. Right of officer to break into building or enclosure.

— All persons in custody shall be admitted to bail as a matter of right. Municipal Trial Court in Cities. If the penalty imposed by the trial court is imprisonment exceeding six (6) years. the amount of the undertaking and the conditions herein required. Bail may be given in the form of corporate surety. with sufficient sureties. The original papers shall state the full name and address of the accused. However. or Municipal Circuit Trial Court. (4a) RULE 114. and unless cancelled. left and right profiles of the accused must be attached to the bail. the trial may proceed in absentia. or life imprisonment. and (b) before conviction by the Regional Trial Court of an offense not punishable by death. — Bail is the security given for the release of a person in custody of the law. (3a) Section 4. with notice to the accused. provided it has not transmitted the original record to the appellate court. — Upon conviction by the Regional Trial Court of an offense not punishable by death. (1a) Section 2. Bail. if the decision of the trial court convicting the accused changed the nature of the offense from nonbailable to bailable. cash deposit. or recognizance. (c)The failure of the accused to appear at the trial without justification and despite due notice shall be deemed a waiver of his right to be present thereat. of the following or other similar circumstances: . Conditions of the bail. admission to bail is discretionary. shall remain in force at all stages of the case until promulgation of the judgment of the Regional Trial Court.Bail Section 1. The application for bail may be filed and acted upon by the trial court despite the filing of a notice of appeal. or his bail shall be cancelled upon a showing by the prosecution. or released on recognize as prescribed by law or this Rule (a) before or after conviction by the Metropolitan Trial Court. the application for bail can only be filed with and resolved by the appellate court. Photographs (passport size) taken within the last six (6) months showing the face. requirements. In such case. the accused shall be denied bail. exception. the accused may be allowed to continue on provisional liberty during the pendency of the appeal under the same bail subject to the consent of the bondsman. to guarantee his appearance before any court as required under the conditions hereinafter specified. a matter of right. and (d)The bondsman shall surrender the accused to the court for execution of the final judgment. or life imprisonment. (b)The accused shall appear before the proper court whenever required by the court of these Rules. furnished by him or a bondsman. Municipal Trial Court. (2a) Section 3. irrespective of whether the case was originally filed in or appealed to it. — All kinds of bail are subject to the following conditions: Section 5. reclusion perpetua. Should the court grant the application. when discretionary. reclusion perpetua.(a)The undertaking shall be effective upon approval. Bail. No release or transfer except on court order or bail. Bail defined. — 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. property bond.

every surety must be worth the amount specified in his own undertaking over and above all just debts. review the resolution of the Regional Trial Court after notice to the adverse party in either case. and (j)Pendency of other cases where the accused is on bail. — 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. stating the nature of his title. (d)Character and reputation of the accused. 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. obligations and properties exempt from execution. or an offense punishable by reclusion perpetua or life imprisonment. or if unregistered. — Every surety shall justify by affidavit taken before the judge that he possesses the qualifications prescribed in the preceding section. not bailable. its encumbrances. (9a) Section 10. — Any domestic or foreign corporation. or conditional pardon. the number and amount of other bails entered into by him and still undischarged. Within the same period. He shall describe the property given as security. (f)Weight of the evidence against the accused. the prosecution has the burden of showing that evidence of guilt is strong. The appellate court may. reclusion perpetua. in the Registration Book on the space provided therefor.Property bond. The court may examine the sureties upon oath concerning their sufficiency in such manner as it may deem proper. city and municipal assessor concerned. — A capital offense is an offense which. city. (10a) Section 11. Capital offense of an offense punishable by reclusion perpetua or life imprisonment.Qualifications of sureties in property bond. outside the Philippines. may be punished with death. (6a) Section 7. licensed as a surety in accordance with law and currently authorized to act as such. (h)Forfeiture of other bail. (b)Nature and circumstances of the offense. 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 bail demanded. parole. regardless of the stage of the criminal prosecution. — No person charged with a capital offense. but upon motion of either party. The evidence presented during the bail hearing shall be considered automatically reproduced at the trial. — The judge who issued the warrant or granted the application shall fix a reasonable amount of bail considering primarily. how posted. (c)Penalty for the offense charged. or otherwise unable to testify. (12a) Section 13. In all cases. (d)That the circumstances of his case indicate the probability of flight if released on bail. in the Registry of Deeds for the province or city where the land lies. (e)Age and health of the accused. or habitual delinquent. or life imprisonment. shall be admitted to bail when evidence of guilt is strong. No bail shall be approved unless the surety is qualified. or violated the conditions of his bail without valid justification.Justification of sureties. under the law existing at the time of its commission and of the application for admission to bail. (c)That he committed the offense while under probation. Within ten (10) days after the approval of the bond. — The qualification of sureties in a property bond shall be as follows: (a)Each must be a resident owner of real estate within the Philippines. (b)That he has previously escaped from legal confinement.(a)That he is a recidivist. or municipal treasurer the . quasi-recidivist. or has committed the crime aggravated by the circumstance of reiteration. guidelines. (i)The fact that accused was a fugitive from justice when arrested. the court may recall any witness for additional examination unless the latter is dead. and on the corresponding tax declaration in the office of the provincial.Corporate surety. Amount of bail. Capital offense defined. Burden of proof in bail application. the accused shall cause the annotation of the lien on the certificate of title on file with the Register of Deeds if the land is registered. — A property bond is an undertaking constituted as lien on the real property given as security for the amount of the bail.Deposit of cash as bail. his real estate must be worth at least the amount of the undertaking. (5a) Section 6. (g)Probability of the accused appearing at the trial. (11a) Section 12. may provide bail by a bond subscribed jointly by the accused and an officer of the corporation duly authorized by its board of directors. — The accused or any person acting in his behalf may deposit in cash with the nearest collector or internal revenue or provincial. or (e)That there is undue risk that he may commit another crime during the pendency of the appeal. (c)If there are two or more sureties. (8a) Section 9. evaded sentence. (7a) Section 8. motu proprio or on motion of any party. but not limited to. Excessive bail shall not be required. (b)Where there is only one surety. (13a) Section 14. the following factors: (a)Financial ability of the accused to give bail. and his other liabilities.

with due notice to the prosecutor. municipal trial judge. whether on preliminary investigation. shall be returned to the accused or to whoever made the deposit.Recognizance. the judge who accepted the bail shall forward it.Bail. or recommended by the prosecutor who investigated or filed the case. trial. the court may release a person in custody to his own recognizance or that of a responsible person. or in lieu thereof. he shall be released immediately. at the discretion of the court. or municipality where he is held. he shall be released after thirty (30) days of preventive imprisonment. city. — For the purpose of surrendering the accused. (22a) Section 23. A person in custody for a period equal to or more than the minimum of the principal penalty prescribed for the offense charged. When a person has been in custody for a period equal to or more than the possible maximum imprisonment prescribe for the offense charged. When increased.amount of bail fixed by the court. — a) Bail in the amount fixed may be filed with the court where the case is pending. require a different one to be filed. (b)Where the grant of bail is a matter of discretion. Upon submission of a proper certificate of deposit and a written undertaking showing compliance with the requirements of section 2 of this Rule. or municipal circuit trial judge therein. — No bail shall be required when the law or these Rules so provide. either increase or reduce its amount. committed to custody. — Whenever allowed by law or these Rules. may. Failing in these two requisites.Forfeiture of bond. or in the absence or unavailability of the judge thereof.Notice of application to prosecutor. or the accused seeks to be released on recognizance. — In the application for bail under section 8 of this Rule. the bail may be cancelled upon surrender of the accused or proof of his death. if any. (15a) Section 16. (19a) Section 20. with any metropolitan trial judge. reduced bail or recognizance.Cancellation of bail. unless the accused has been surrendered or is acquitted. The money deposited shall be considered as bail and applied to the payment of fine and costs while the excess. (16a) Section 17. his bail shall be declared forfeited and the bondsmen given thirty (30) days within which to produce their principal and to show cause why no judgment should be rendered against them for the amount of their bail.Increase or reduction of bail. If the accused fails to appear in person as required. shall be released on a reduced bail or on his own recognizance. the application may only be filed in the court where the case is pending.Bail. city. where filed. cause him to be arrested by a police officer or any other person of suitable age and discretion. which may. or on appeal. — After the accused is admitted to bail. or municipal circuit trial judge in the province. jointly and severally. If the accused is arrested in a province. without application of the Indeterminate Sentence Law or any modifying circumstance. city. or municipality other than where the case is pending. An accused held to answer a criminal charge.Release on bail. dismissal of the case. Whenever bail is filed with a court other than where the case is pending. the court must give reasonable notice of the hearing to the prosecutor or require him to submit his recommendation. — When the presence of the accused is required by the court or these Rules. metropolitan trial judge. who is released without bail upon filing of the complaint or information. or execution of the judgment of conviction. or municipality. with any regional trial judge. upon written authority endorsed on a certified copy of the undertaking. a judgment shall be rendered against the bondsmen. (17a) Section 18. An accused released on bail may be re-arrested . (c)Any person in custody who is not yet charged in court may apply for bail with any court in the province. without prejudice to the continuation of the trial or the proceedings on appeal. be required to give bail in the amount fixed. or if no judge thereof is available. for the amount of the bail. the court may. the cancellation shall be without prejudice to any liability on the bond. and (b)explain why the accused did not appear before the court when first required to do so. for good reason. upon good cause. Within the said period. — Upon application of the bondsmen. the accused shall be discharged from custody. municipal trial judge. The court shall not reduce or otherwise mitigate the liability of the bondsmen. In all instances. the bondsmen must: (a)produce the body of their principal or give the reason for his non-production. when not required. the accused may be committed to custody if he does not give bail in the increased amount within a reasonable period. to the court where the case is pending.Arrest of accused out on bail. his bondsmen shall be notified to produce him before the court on a given date and time. together with the order of release and other supporting papers. (20a) Section 21. (21a) Section 22. The bail shall be deemed automatically cancelled upon acquittal of the accused. (14a) Section 15. (18a) Section 19. the bondsmen may arrest him or. — The accused must be discharged upon approval of the bail by the judge with whom it was filed in accordance with section 17 of this Rule. at any subsequent stage of the proceedings and whenever a strong showing of guilt appears to the court. If the maximum penalty to which the accused may be sentenced is destierro. bail may also be filed with any regional trial court of said place.

corporate surety 2. city. quasi-recidivist. cash deposit 4. the cause for detention. They shall ascertain the number of detainees. When no bail was filed or the accused is incapable of filing one. upon showing of the following circumstances: 1. the names of those held for more than thirty (30) days. (25a) Section 26. recognizance What is recognizance? Recognizance is an obligation of record. entered into before a court or magistrate duly authorized to take it. the court may allow his release on recognizance to the custody of a responsible member of the community. and other pertinent information. the accused has applies for probation. property bond 3. (23a) Section 24. The court shall resolve the matter as early as practicable but not later than the start of the trial of the case. (n) SECTION 14 BAIL What is bail?Bail is the security given for the release of a person in custody of the law. exception. In the RTC. if the decision of the trial court changed the nature of the offense from non-bailable to bailable. inquire on their proper accommodation and health and examine the condition of the jail facilities. the duration of detention. it is a matter of right before or after conviction. If before such finality. The he has previously escaped from legal confinement. the municipal trial judges or municipal circuit trial judges shall conduct monthly personal inspections of the municipal jails in their respective municipalities and submit a report to the executive judge of the Regional Trial Court having jurisdiction therein. The executive judges of the Regional Trial Courts shall conduct monthly personal inspections of provincial. and municipal jails and their prisoners within their respective jurisdictions. bail is a matter of discretion regardless of the offense. The application for bail may be filed and acted upon by the trial court as long as the original record of the case has not been transmitted to the appellate court. In no case shall bail be allowed after the accused has commenced to serve sentence.No bail after final judgment. That he committed the offense while on probation. the most usual condition in criminal cases being the appearance of the accused for trial. ensure the observance of the right of detainees to confer privately with counsel. except for offenses punishable by death. They shall order the segregation of sexes and of minors from adults. regardless of the offense. 3. However. lack of or irregular preliminary investigation. (24a) Section 25. to guarantee his appearance before any court as required. he may be allowed temporary liberty under his bail. In cities and municipalities to be specified by the Supreme Court.without the necessity of a warrant if he attempts to depart from the Philippines without permission of the court where the case is pending. evaded sentence. furnished by him or a bondsman. or from assailing the regularity or questioning the absence of a preliminary investigation of the charge against him. What are the forms of bail? Bail may be in the form of: 1. the status of the case. — The court shall exercise supervision over all persons in custody for the purpose of eliminating unnecessary detention. or violated the conditions of his bail without valid justification. in which case it is discretionary. with the condition to do some particular act. 2. or life sentence and the evidence of guilt is strong. — No bail shall be allowed after the judgment of conviction has become final. and strive to eliminate conditions inimical to the detainees. A monthly report of such visitation shall be submitted by the executive judges to the Court Administrator which shall state the total number of detainees. — An application for or admission to bail shall not bar the accused from challenging the validity of his arrest or the legality of the warrant issued therefor. the crime charged. That he is a recidivist. the prosecution may move for denial or cancellation of the bail of the accused.Bail not a bar to objections on illegal arrest. reclusion perpetua. After conviction.Court supervision of detainees. When is bail a matter of right and when is it a matter of discretion? In the MTC. habitual delinquent. parole or conditional pardon . When can the prosecution move for the cancellation or denial of bail of the accused? If the penalty imposed by the trial court is imprisonment greater than 6 years. provided that he raises them before entering his plea. the application should be addressed and resolved by the appellate court. or committed the offense with the aggravating circumstance of reiteracion. it is a matter of right before conviction. with notice to the accused.

If there is a likelihood that the accused would jump bail.Rights of Accused Section 1. city or municipality where he is held. (b)To be informed of the nature and cause of the accusation against him. judicial or administrative. If evidence of guilt is strong. out of or can not with due diligence be found in the Philippines. RULE 115. It is incumbent upon the prosecution to show that the evidence of guilt is strong. What is required of the judge who denies an application for bail? The order should contain a summary of the evidence presented and the reason for the denial. Require periodic reports of the accused to court 3. That there is undue risk that he may commit another crime during the pendency of the appeal. Rights of accused at the trial. His silence shall not in any manner prejudice him. Either party may utilize as part of its evidence the testimony of a witness who is deceased. may be punished with death. unless his presence is specifically ordered by the court for purposes of identification. If the accused is arrested in a province. from arraignment to promulgation of the judgment. the petition should be denied. bail may be filed with any RTC or MTC judge in the province. or the manner of conducting the preliminary investigation? No. waive his presence at the trial pursuant to the stipulations set forth in his bail. Penalty for the offense 4. Any person in custody who is not yet charged may apply for bail with any court in the province. given in another case or proceeding. Probability of the accused appearing at the trial 8. Warn him that the trial may proceed in absentia What is a capital offense? A capital offense is an offense which. the validity of the warrant. with any MTC judge therein. the accused shall be entitled to the following rights: (a)To be presumed innocent until the contrary is proved beyond reasonable doubt. he shall be deemed to have waived his right to be present on all subsequent trial dates until custody over him is regained. otherwise it shall be void. Even if the prosecution is absent or refuses to present evidence. Weight of evidence against the accused 7. (d)To testify as a witness in his own behalf but subject to cross-examination on matters covered by direct examination. not the SC within 60 days. — In all criminal prosecutions. Forfeiture of other bail 9. Does an application for bail bar the accused from questioning the validity or his arrest. When is a bail hearing necessary? Bail hearing is mandatory when bail is a matter of discretion. the court cannot grant bail without conducting a hearing. city. (f)To confront and cross-examine the witnesses against him at the trial. Character and reputation of the accused 5. Nature and circumstances of the offense 3. bail may also be filed with and RTC of said place. Decide whether the evidence of guilt is strong based on the summary of evidence of the prosecution 4. Age and health of the accused 6. or municipality. the accused may be allowed to defend himself in person when it sufficiently appears to the court that he can properly protect his right without the assistance of counsel. however. city. unavailable or otherwise unable to testify. When an accused under custody escapes.4. or municipality other than where the case is pending. bail may only be filed in the court where the case is pending. (e)To be exempt from being compelled to be a witness against himself. What is the remedy of the accused if he is denied bail? He should file a special civil action in the CA. Upon motion. (c)To be present and defend in person and by counsel at every stage of the proceedings. Conduct a hearing 3. what should the court do? 1. the adverse party having the opportunity to cross-examine him. The court must first be convinced that the evidence does not warrant the denial of bail. Financial ability of the accused 2. . What are the guidelines in setting the amount of bail? 1. or if no judge is available. involving the same parties and subject matter. But where bail is a matter of discretion or where the accused seeks to be released on recognizance. Increase the amount of bail 2. discharge the accused upon the approval of the bailbond. The fact that he was a fugitive from the law when arrested 10. The absence of the accused without justifiable cause at the trial of which he had notice shall be considered a waiver of his right to be present thereat. provided that he raises these questions before plea. In the absence of the judge thereof. The accused may. What are the duties of the trial judge in case an application for bail is filed? 1. If the guilt of the accused is not strong. That the circumstances of his case indicate the probability of flight if released on bail. under the law existing at the time of its commission and of the application for admission to bail. Notify the prosecutor of the hearing or require him to submit his recommendation 2. This is in order to safeguard the constitutional right to presumption of innocence and also because there is a need for clear grounds before a person can be denied of his liberty. Pendency of other cases where the accused is on bail Where should bail be filed? It may be filed with the court where the case is pending. or 5.

Guilt beyond reasonable doubt means that there is moral certainty as to the guilt of the accused. What are the exceptions to the constitutional presumption of innocence? 1. 6. (i)To appeal in all cases allowed and in the manner prescribed by law. 3. Judgment must be rendered upon lawful hearing. Presumptions – If there is a reasonable connection between the fact presumed and the fact ultimately proven from such fact Examples: a. 4. They are: 1. To appeal in all cases allowed and in the manner prescribed by law. He must have been proceeded against under orderly processes of the law. To be presumed innocent until the contrary is proved beyond reasonable doubt. 3. He may be punished only after inquiry and investigation. he is presumed to be guilty of malversation. 2. The defendant must be given an opportunity to be heard. reasonable necessity of the means used to prevent or repel it.(g)To have compulsory process issued to secure the attendance of witnesses and production of other evidence in his behalf. 4. 5. In criminal cases. There must be an impartial and competent court with judicial power to hear and determine the matter before it. To testify as a witness in his own behalf but subject to cross-examination on matters covered by direct examination. Conviction should be based on the strength of the prosecution and not on the weakness of the defense. The significance of this is that accusation is not synonymous with guilt. proceeds upon inquiry. There is no need for trial-type proceedings in order to satisfy due process. 4. The accused must have been heard by a court of competent jurisdiction. Right to be present at the trial What are the requisites of a valid trial in absentia? . Persons in possession of recently stolen goods are presumed guilty of the offense in connection with the goods. To be informed of the nature and cause of the accusation against him. He must first establish the elements of self-defense in order to overturn the presumption that he was guilty of the offense. 2. To confront and cross-examine the witnesses against him at the trial. Substantive due process – this refers to the intrinsic validity of the law 2. Judgment must be rendered within the authority of a constitutional law. But a reverse trial happens if the accused admits the killing but claims self-defense. impartial. 5. To have compulsory process issued to secure the attendance of witnesses and production of other evidence in his behalf. from arraignment to promulgation of judgment. Presumption of Innocence What is the meaning of the right of presumption of innocence? The right means that the presumption must be overcome by evidence of guilt beyond reasonable doubt. Is it necessary to have trial-type proceedings in order to satisfy the requirement of due process? No. To be present and defend in person and by counsel at every stage of the proceedings. Jurisdiction must be lawfully acquired over the person of the defendant or over the property subject of the proceeding. (h)To have speedy. (1a) RULE 115 RIGHTS OF THE ACCUSED What are the rights of the accused in criminal prosecutions? 1. 2. In general. When an accountable public officer fails to account for funds or property that should be in his custody. and public trial. What is a “reverse trial”? Usually. the prosecution presents its evidence to establish the guilt of the accused first. Self-Defense – One who invokes self-defense is presumed guilty. 8. To have a speedy. Notice and hearing are the minimum requirements of due process. Procedural due process – one that hears before it condemns. what are the requirements of procedural due process? The requirements in criminal cases are more stringent. 2. lack of sufficient provocation on the part of the one defending himself) belongs to the accused. What is important is that there was an opportunity to be heard. The accused must be given an opportunity to be heard. 6. 3. impartial and public trial. To be exempt from being compelled to be a witness against himself. what are the requirements of procedural due process? 1. There must be notice to the accused. 7. 9. b. Due Process What are the two aspects of the right to due process? 1. The burden of proving the elements of self-defense (unlawful aggression. and renders judgment only after trial and based on the evidence presented therein.

When can the accused defend himself in person? The accused can defend himself in person only if the court is convinced that he can properly protect his rights even without the assistance of counsel. When should the right to counsel be invoked? The right to counsel may be invoked at any stage of the proceedings. The danger that confessions will be extracted against the will of the defendant during custodial investigation does not really exist during trial. 2. the right to counsel means the right to effective counsel. Right to Counsel Is there a difference between the right to counsel during custodial investigation and the right to counsel during the trial? Yes. During trial the purpose of counsel is not so much to protect him from being forced to confess but to defend the accused. Nang Kay (p. The accused cannot insist on counsel that he cannot afford. The accused is deemed to have waived his right to counsel when he voluntarily submits himself to the jurisdiction of the Court and proceeds with his defense. Who may invoke the right against self-incrimination. 2. 2. But in US v. the prosecution may go to trial. What is the rationale for protecting the right against self-incrimination? There are two reasons: 1. When the presence of the accused at the trial is necessary for purposes of identification. such as documents of corporations. the right to counsel can only be waived in writing AND with the assistance of counsel. Does the mistake of counsel bind the client? As a rule. Can the right to be present at the trial be waived? Yes. he may altogether refuse to take the witness stand and refuse to answer any and all questions. preferably of his own (the suspect’s) choice. papers. The requirement is stricter during custodial investigation because a trial is done in public. The accused has already been arraigned. Is the duty of the court to appoint counsel-deoficio mandatory at all times? No. the mistake of counsel binds the client. the accused is entitled to a new trial because his right to be represented by a member of the bar was violated. An ordinary witness may invoke the right. but he may only do so as each incriminating question is asked. The duty to appoint counsel-do-oficio is mandatory only up to arraignment. For practical reasons: The accused is likely to commit perjury if he were compelled to testify against himself. the Court held that the defendant cannot raise the question of his right to have an attorney for the first time on appeal. except if it is for a light offense. the right of the accused to choose counsel is subject to the right of the state to due process and to speedy and adequate justice. the client cannot question a decision on the ground that counsel was an idiot. Escalante and People v. Is there an exception to the right against selfincrimination? The right cannot be invoked when the State has the right to inspect documents under its police power. Why is the right to counsel afforded during trial? The right to counsel is embraced in the right to be heard. 3. except in the following situations. with all its coercive powers. and when can they invoke the right? 1. one who is not a member of the bar. even on appeal. where the presence of the accused at the trial is required: 1. such as conflict of interest. 532 of Herrera Textbook). from extracting testimony that may convict the accused. Therefore. It will not have probative value because the prosecution was not given a chance to test the credibility of the testimony through cross-examination. once the accused waives his right and chooses to testify in his own behalf. The accused himself may invoke the right. Right to be a Witness on His Own Behalf What is the weight of the testimony of an accused who testifies on his own behalf but refuses to be cross-examined? The testimony will not be given weight. Arraignment. It does not cover the compulsion to produce real or physical evidence using the body of the accused.1. he may be crossexamined on matters covered in his direct examination. and chattels. During the trial. Is the right to counsel absolute? No. 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. while custodial investigation is not. However. 2. or one who declines for a valid reason. and he turns out to be a fake lawyer. Right Against Self-Incrimination What is the scope of the right against selfincrimination? The right against self-incrimination covers testimonial compulsion only and the compulsion to produce incriminating documents. However. The counsel required in custodial investigation is competent and independent counsel. He cannot refuse to answer questions . But. and unlike the ordinary witness. He was thus denied of his right to counsel and to due process. For humanitarian reasons: To prevent the State. an exception to this is if counsel misrepresents himself as a lawyer. In custodial investigation. If the question is not raised in the trial court. unless he admits beforehand that he is the same person charged. His failure to appear at the trial is unjustifiable. In this case. During promulgation of judgment. He has been duly notified of the trial 3. it can also be waived. The right of choice must be reasonably exercised. Also.

What are the rights of the accused in the matter of testifying or producing evidence? 1. What is the meaning of the right to speedy trial? The right means that the trial should be conducted . To give the accused the opportunity to crossexamine the witness in order to test their recollection and credibility. 2. the witness can still be prosecuted. It is waived impliedly when an accused waives his right to be present at the trial. If the prosecution has already established a prima facie case. and Impartial Trial How should the trial be conducted? The trial should be speedy. the accused must present proof to overturn the evidence of the prosecution. the right to have evidence obtained in violation of these rights rejected 2. public. to refuse to be a witness b. to testify in his own behalf subject to crossexamination by the prosecution d. (An opportunity to cross-examine is all that is necessary in order to allow the use of the testimony of the witness. with the opportunity to cross-examine them. if the other party did not even have the opportunity to cross-examine before the subsequent death or unavailability of the witness. he is deemed to have waived the right. the witness cannot be prosecuted at all. If the defense of the accused is alibi and he does not testify. What happens if a witness refuses to testify when required? The court should order the witness to give bail or even order his arrest. Failure to obey a subpoena amounts to contempt of court. the testimony may be used as evidence. There need not be an actual crossexamination.during cross-examination by claiming that the answer that he will give could incriminate him for the crime with which he was charged. What are immunity statutes? The immunity statutes are classified into two – use immunity statutes and transactional immunity statutes. he cannot invoke the right. The right of confrontation may also be waived by conduct amounting to a renunciation of the right to crossexamine. but the compelled testimony cannot be used against him. If he can still be prosecuted for it.) Transactional immunity grants immunity to the witness from prosecution for an offense to which his compelled testimony relates. and impartial. the testimony will have no probative value. not to have any prejudice whatsoever result to him by such refusal c. Use immunity prohibits the use of a witness’ compelled testimony and its fruits in any manner in connection with the criminal prosecution of the witness. threat. while testifying. the silence of the accused should not prejudice him. the right not to be subjected to force. if necessary. Can the accused or witness invoke the right against self-incrimination if he is asked about past criminality? It depends. After the case is filed in court a. the inference is that the alibi is not believable. Is DNA testing covered by the right against self-incrimination? No (recent SC ruling). However. However. Before the case is filed in Court but after he has been taken into custody or otherwise deprived of his liberty a. When the party was given an opportunity to confront and cross-examine an opposing witness but failed to take advantage of it for reasons attributable to himself alone. he can still invoke the right and refuse to answer. violence.) Right to Compulsory Process What is the right to compulsory process? It is the right of the accused to have a subpoena and/or a subpoena duces tecum issued in his behalf in order to compel the attendance of witnesses and the production of other evidence. his right to remain silent and to counsel c. even if they themselves offered bribes to the public official. in the following cases. 2. if the question during cross-examination relates to a crime different from that with which he was charged. it can be waived either expressly or impliedly. If the other party had the opportunity to cross-examine the witness before he died or became unavailable. (Here. Public. the right to be informed of b. To allow the court to observe the demeanor of the witness while testifying. Can the right of confrontation be waived? Yes. as long as there was an opportunity to do so. What happens to the testimony of a witness who dies or becomes unavailable? It depends. intimidation. However. or any other means which vitiate free will d. Right to Speedy. questions about past criminal liability are still covered by the protection of the right against selfincrimination. What is the effect of the refusal of the accused to refuse to testify in his behalf? As a general rule. (Therefore. What are the reasons for the right? 1. 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. to refuse to answer a specific question which tends to incriminate his for some crime other than that for which he is being prosecuted. But if he cannot be prosecuted for it anymore.) Examples are state witnesses and those who furnish information about violations of the Internal Revenue Code. an unfavorable inference is drawn from the failure of the accused to testify: 1.

What is the limitation on the right of an accused to a speedy trial? The limitation is that the State should not be deprived of its day in court. how made. the accused is entitled to the moral support of his friends and relatives. file for habeas corpus.) This must be done prior to trial. not simply that they might be. In so-called trials by publicity. capricious. The right of the State/the prosecution to due process should be respected. When should the arraignment and pre-trial be held? According to the Speedy Trial Act and Circular 3898.according to the law of criminal procedure and the rules and regulations. free from vexations. 3. it can be waived expressly or impliedly. File a motion to dismiss on the ground of violation of his right to speedy trial. The arraignment shall be made in open court by the judge or clerk by furnishing the accused with a copy of the complaint or information. there must be allegations and proof that the judges have been unduly influenced. (a)The accused must be arraigned before the court where the complaint or information was filed or assigned for trial. Ask for the trial of the case. Is there an exception to the requirement of publicity? Yes. and asking him whether he pleads guilty or not guilty. since the public is not excluded from attending the trial. arraignment and pre-trial if the accused pleads not guilty should be held within 30 days from the date the court acquires jurisdiction of the person of the accused. except as otherwise authorized by the Court Administrator. Moreover. (For purposes of double jeopardy. Why should a trial be conducted in public? The trial should be public in order to prevent abuses that may be committed by the court to the prejudice of the defendant. What is the effect of the flight of the accused on his right to appeal? When the accused flees after the case has been submitted to the court for decision. The prosecution may call . except in the case of the minimum appellate jurisdiction of the Supreme Court granted by the Constitution. this has the same effect as an acquittal. and a long period of time is allowed to elapse without the case being tried for no justifiable reason. File for mandamus to compel a dismissal of the information. and oppressive delays. Can the right to appeal be waived? Yes. The prosecution and the complainant fail to attend the first hearing. RULE 116-Arraignment and Plea Section 1. There is no violation of the right to a public trial. such as when the evidence to be presented may be offensive to decency or public morals. If he is restrained of his liberty. The right to appeal is a statutory right. when can the publicity be considered prejudicial to the accused? To warrant a finding of prejudicial publicity. 4. or in rape cases. The right to speedy trial is violated when there are unjustified postponements of the trial. The court postpones the hearing to another date. by the barrage of publicity. it is deemed a waiver of the right to dismiss. or else. Is there a violation of the right to speedy trial? No. When Allowed Is the right to appeal a fundamental right? No. he will be deemed to have waived his right to appeal from the judgment rendered against him. Within how many days should the trial be completed? In no case shall the entire period exceed 180 days from the first day of trial. 2. Right to Appeal. — Arraignment and plea. What is the remedy of an accused whose right to speedy trial is violated? The accused has the following remedies: 1. Anyone who seeks to exercise the right to appeal must comply with the requirements of the rules. The court may bar the public in certain cases. What is the meaning of the right to a public trial? It means that anyone interested in observing the manner that a judge conducts the proceedings in his courtroom may do so. Is it okay to hold the trial in the chambers of the judge? Yes. where the purpose of some persons in attending is merely to ogle at the parties. reading the same in the language or dialect known to him.

shall appoint as counsel de oficio only such members of the bar in good standing who. photographs. No amendment of the complaint or information is necessary. — Upon motion of the accused showing good cause and with notice to the parties. (5) Section 6. books. the accused may still be allowed to plead guilty to said lesser offense after withdrawing his plea of not guilty. (sec. (1a) (d)When the accused pleads guilty but presents exculpatory evidence. in order to prevent surprise. Time for counsel de oficio to prepare for arraignment. objects or tangible things not otherwise privileged. — At arraignment. his plea shall be deemed withdrawn and a plea of not guilty shall be entered for him. move for a bill of particulars to enable him properly to plead and to prepare for trial. may order the prosecution to produce and permit the inspection and copying or photographing of any written statement given by the complainant and other witnesses in any investigation of the offense conducted by the prosecution or other investigating officers. the court shall inform the accused of his right to counsel and ask him if he desires to have one. determination of civil liability.Suspension of arraignment. 3898) Section 2. 1-89) (g)Unless a shorter period is provided by special law or Supreme Court circular. Plea of guilty to non-capital offense. (sec. cir. — When the accused pleads guilty to a non-capital offense. 4. discretionary. — Whenever a counsel de oficio is appointed by the court to defend the accused at the arraignment. the court. — When the accused pleads guilty to a capital offense. and other matters requiring his presence. reception of evidence. The motion shall specify the alleged defects of the complaint or information and the details desired. before arraignment. the court may allow the accused to enter a plea of guilty to a lesser offense which is necessarily included in the offense charged with the conformity of the trial prosecutor alone. circ. Plea of guilty to a lesser offense. the court shall conduct a searching inquiry into the voluntariness and full comprehension of the consequences of his plea and require the prosecution to prove his guilt and the precise degree of culpability. which constitute or contain evidence material to any matter involved in the case and which are in the possession or under the control of the prosecution. — Before arraignment. the court must assign a counsel de oficio to defend him. considering the gravity of the offense and the difficulty of the questions that may arise. (n) (e)When the accused is under preventive detention. (11a) Section 11. The pretrial conference of his case shall be held within ten (10) days after arraignment. or other law investigating agencies. (cir. (3a) Section 4. — Upon motion by the proper party. (b)The accused must be present at the arraignment and must personally enter his plea. (c)When the accused refuses to plead or makes a conditional plea.Production or inspection of material evidence in possession of prosecution. Unless the accused is allowed to defend himself in person or has employed a counsel of his choice. (6a) Section 7. But in localities where such members of the bar are not available. — At any time before the judgment of conviction becomes final. letters. he shall be given a reasonable time to consult with the accused as to his plea before proceeding with the arraignment. accounts. a plea of not guilty shall be entered for him. (n) (f)The private offended party shall be required to appear at the arraignment for purposes of plea bargaining. (7a) Section 8. suppression. may be allowed by the trial court to plead guilty to a lesser offense which is necessarily included in the offense charged. the arraignment shall be suspended in the following cases: . resident of the province and of good repute for probity and ability. — The court. Appointment of counsel de oficio. by reason of their experience and ability. police. Plea of guilty to capital offense. with the consent of the offended party and the prosecutor. his case shall be raffled and its records transmitted to the judge to whom the case was raffled within three (3) days from the filing of the information or complaint. The accused may present evidence in his behalf. to defend the accused. The time of the pendency of a motion to quash or for a bill of particulars or other causes justifying suspension of the arraignment shall be excluded in computing the period. In case of failure of the offended party to appear despite due notice. (4) Section 5. the accused. (10a) Section 10. The accused shall be arraigned within ten (10) days from the date of the raffle. 2. but failure to do so shall not affect the validity of the proceedings. Both arraignment and plea shall be made of record. (8) Section 9. the court may appoint any person. or alteration. — The accused may. the court may permit an improvident plea of guilty to be withdrawn and be substituted by a plea of not guilty. 38-98) Section 3.at the trial witnesses other than those named in the complaint or information. papers. as well as any designated documents. reception of evidence. Withdrawal of improvident plea of guilty. the court may receive evidence from the parties to determine the penalty to be imposed. Bill of particulars. After arraignment but before trial. Duty of court to inform accused of his right to counsel. can competently defend the accused. the arraignment shall be held within thirty (30) days from the date the court acquires jurisdiction over the person of the accused.

or the Office of the President. (b)There exists a prejudicial question. (12a) RULE 116 ARRAIGNMENT AND PLEA . provided. the court shall order his mental examination and. his confinement for such purpose. In such case. and (c)A petition for review of the resolution of the prosecutor is pending at either the Department of Justice. if necessary. that the period of suspension shall not exceed sixty (60) days counted from the filing of the petition with the reviewing office.(a)The accused appears to be suffering from an unsound mental condition which effective renders him unable to fully understand the charge against him and to plead intelligently thereto.

it can be presumed that a person accused of a crime was arraigned. In view of the presumption of regularity in the performance of official duties. The error was cured by the subsequent arraignment. In this case. During arraignment. by furnishing the accused with a copy of the complaint or information 4. What is the effect of the refusal of the accused to enter a plea? If the accused refuses to plead or makes a conditional plea. is the judge dutybound to point out that an information is duplicitous? No. to inform him of the charge. 24 X was tried for murder without having been arraigned. in the following cases. 3. Can the prosecution call witnesses that are not listed in the information? Yes. X’s counsel presented witnesses and cross. and 5. it has to be sure that there was one. 2. When the life of a person is at stake. Can X be prosecuted again for physical injuries? Yes. the accused should be arraigned without delay and his trial should commence within 3 days from arraignment. There was no double jeopardy. However. the court cannot presume that there was an arraignment. He pleads guilty but presents evidence to establish selfdefense. How is arraignment made? Arraignment is made: 1. He is informed why the prosecuting arm of the State is mobilized against him. The trial of cases under the Child Abuse Act requires that the trial should be commenced within 3 days from arraignment. the presumption of regularity is not applied when the penalty imposed is death.examined the prosecution witnesses. Can there be an arraignment without the presence of the accused? No. The accused must personally enter his plea. in the absence of proof to the contrary. At the trial. He entered a plea of guilty. Later. However. X is charged with homicide. X was convicted. During the arraignment. he is made fully aware of possible loss of freedom or life. his case shall be raffled and its records transmitted to the judge to whom the case was raffled within 3 days from the filing of the information or complaint. The success of the prosecution might be endangered if this right were granted to the accused. whose failure to do so constitutes a waiver of the right to object. the presentation by X of evidence to prove complete self-defense had the effect of vacating his plea of . It was only after the case was submitted for decision that X was arraigned. by the judge or clerk 3. him an opportunity to plead. The witnesses might be subjected to pressure or coercion. The time of the pendency of a motion to quash or for a bill of particulars or other causes justifying suspension of the arraignment shall be excluded in computing the period. a plea of not guilty shall be entered for him. What should the court do?The court should withdraw the plea and enter a plea of not guilty. X was charged with homicide. What is the importance of arraignment? Arraignment is the means for bringing the accused into court and informing him of the nature and cause of the accusation against him. X was again charged with physical injuries. and to give Is the accused presumed to have been arraigned in the absence of proof to the contrary? Yes. He was later allowed to testify in order to prove the mitigating circumstance of incomplete self-defense. The judge has no obligation to point out the duplicitousness or any other defect in an information during arraignment. he presented evidence to prove that he acted in complete self-defense. Where the complainant is about to depart from the Philippines with no definite date of return. reading it in the language or dialect known to him. It is necessary in order to fix the identity of the accused. The prosecution may call at the trial witnesses other than those named in the complaint or information.Where should the accused be arraigned? The accused must be arraigned before the court where the complaint was filed or assigned for trial. asking him whether he pleads guilty or not guilty. The accused must be present at the arraignment and must personally enter his plea. The accused shall be arraigned within 10 days from the date of the raffle. When the accused is under preventive detention. When should the arraignment be held? The general rule is that the accused should be arraigned within 30 days from the date the court acquires jurisdiction over the person of the accused. In order for double jeopardy to attach. Can the lawyer of the accused enter a plea for him? No. the accused should be arraigned with a shorter period: 1. Is the accused entitled to know in advance the names of all of the prosecution witnesses? No. The right time for the accused to know their identities is when they take the witness stand. The court acquitted him. Can X invoke the failure of the court to arraign him before trial as a ground for questioning the conviction? No. The failure of the court to arraign X before trial was conducted did not prejudice the rights of X since he was able to present evidence and crossexamine the witnesses of the prosecution. there must have been a valid plea to the first offense. X invoked double jeopardy. At the trial. in open court 2. The obligation to move to quash a defective information belongs to the accused.

the judge must convince himself: (1) that the accused is entering the plea of guilty voluntarily and intelligently. Does a plea of guilty mean an admission even of the aggravating circumstances? Yes. the trial prosecutor may then consent to the plea of guilty to a lesser offense. If the recommendation is approved. including the aggravating circumstances. When can the validity of a plea of guilty be attacked? Generally. This is not a valid plea of guilty. Unlike in a plea of guilty to a capital offense. provided that the offended party and the prosecutor give their consent. what should the court do? The court has a four-fold duty: . require the prosecution to present evidence to prove the guilt and the precise degree of culpability of the accused for the purpose of imposing the proper penalty. X is charged with homicide.” he made a qualified plea of guilty. What is the meaning of the duty of the judge to conduct a “searching inquiry”? In all cases. the plea of guilty must be unconditional. What should the court do when the accused pleads guilty to a non-capital offense? The court may receive evidence from the parties to determine the penalty to be imposed. When the plea of guilt was vacated. When an accused pleads guilty. there was actually no standing plea for X. A plea of guilty results in the admission of all the material facts in the complaint or information. it does not necessarily follow that he will be convicted. there can be no double jeopardy. What should the court do when the accused pleads guilty to a capital offense? The court should: 1. 3. Therefore. at the time of the acquittal. in fact. the plea can be challenged. Because the court did not do this. 2. When a defendant appears without an attorney during arraignment. The withdrawal of the plea of guilty is not a matter of strict right to the accused but is within the discretion of the court. a plea of guilty cannot be attacked if it is made voluntarily and intelligently. 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. It is mandatory in order to establish the precise degree of culpability and the imposable penalty. When the consensual character of the plea is called into question or when it is shown that the defendant was not fully apprised of its consequences. Can a court validly convict an accused based on an improvident plea of guilty? Yes. When can the accused plead guilty to a lesser offense? At arraignment. The reason for this is that trial has already commenced. Can an improvident plea of guilty be withdrawn as a matter of right? No.000. there is a presumption that the plea was made voluntarily. In this case. there is an improvident plea of guilty. definite. the court may still convict the accused. The judge must dispel any false notion that the accused may have that he will get off lightly because of his plea of guilt. In such a case. the reception of evidence in this case is not mandatory. After arraignment BUT BEFORE TRIAL. It can only be attacked if it was induced by threats. It is merely discretionary on the court. after he withdraws his plea of not guilty. when X said “hindi ko sinasadya. Is it mandatory for the prosecution to present proof of aggravating circumstances? Yes. and unconditional plea of guilty.” Is his plea valid? No.guilt. When can the plea of guilty be considered a mitigating circumstance? It is mitigating if made before the prosecution starts to present evidence. the accused may plead guilty to a lesser offense which is necessarily included in the offense charged. He pleads guilty. the court should only accept a clear. When the penalty imposable for the offense is at least 6 years and 1 day or a fine exceeding P12. Otherwise. Can a person who pleaded guilty still be acquitted? Yes. Because of this. In order to be valid. The totality of evidence should determine whether the accused should be convicted or acquitted. A plea of not guilty should be entered instead. ask the accused if he desires to present evidence in his behalf and allow him to do so if he desires. In addition. vitiated when he entered his plea. misrepresentation. or at least should have directed that a new plea of not guilty be entered for him. but tells the judge “hindi ko sinasadya. Additional evidence independent of the guilty plea may be considered by the judge to ensure that the plea of guilt was intelligently made. it may only be withdrawn with permission of the court. Since there was no valid plea. If there is adequate evidence of the guilt of the accused independent of the improvident plea of guilty. the complaint or information need not be amended. The conviction will be set aside only if the plea of guilt is the sole basis of the judgment. the prosecutor must first submit his recommendation to the City or Provincial Prosecutor or to the Chief State Prosecutor for approval. Moreover. conduct a searching inquiry into the voluntariness and full comprehension of the consequences of the plea. the accused may still be allowed to plead guilty to a lesser offense. The court must decide whether the consent of the accused was. and (2) that he is truly guilty and that there exists a rational basis for a finding of guilt based on his testimony. withdrawal of the plea will change the theory of the case and will put all of the past proceedings to waste. or bribes. the court should have ordered him to plead again.

requiring such person to advise the prisoner of his right to demand trial. considering the gravity of the offense and the difficulty of the questions that may arise shall appoint as counsel de oficio: 1. May an accused be validly represented by a non-lawyer at the trial? If the accused knowingly engaged the services of the non-lawyer. copy. What is the reason for this four-fold duty? The right to be heard would be of little avail if it does not include the right to be heard by counsel. liberty. During arraignment.1. 4. It at anytime thereafter. It authorizes the defense to inspect. . He shall promptly undertake to obtain the presence of the prisoner for trial. there is no such duty. What is the purpose of a bill of particulars? It is to allow the accused to prepare for his defense. the prisoner informs his custodian that he demands such trial. de Leon) What are the grounds for suspending arraignment? 1. This is a task which only a lawyer can do. the court may appoint any person who is: 1. What is a counsel de oficio? Counsel de oficio is counsel appointed by the court to represent and defend the accused in case he cannot afford to employ one himself. The court must act on its own volition. the judgment is void because of the misrepresentation. What is a bill of particulars? It is a more specific allegation. It must inform the defendant that he has a right to an attorney before being arraigned. which renders him unable to fully understand the charge against him and to plead intelligently thereto. If the accused desires to procure an attorney of his own. it is the accused who must assert his right to counsel. What is the purpose of this right? The purpose is to prevent surprise to the accused and the suppression or alteration of evidence. The court will not act unless the accused invokes his rights. 4. What should be contained in the motion for a bill or particulars? It should specify the alleged defects of the complaint or information and the details desired. If he desires and is unable to employ an attorney. 2. 3. Upon receipt of such notice. But during trial. 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 the trial. when indispensable to protect his constitutional right to life. What is the effect of the failure of the court to comply with these duties? It is a violation of due process. the public attorney shall promptly seek to obtain the presence of the prisoner for trial. during trial. and of good repute for probity and ability to defend the accused. the right is deemed waived. the person having custody of the prisoner shall promptly advise the prisoner of the charge and of his right to demand trial. After informing him. What is the right to modes of discovery? It is the right of the accused to move for the production or inspection or material evidence in the possession of the prosecution. When can the accused move for a bill of particulars? The accused must move for a bill of particulars before arraignment. the court must assign an attorney de oficio to defend him. unless the right is waived by the accused. Is this right available during preliminary investigation? Yes. He can even defend himself personally. or photograph any evidence of the prosecution in its possession after obtaining permission of the court. the prisoner shall be made available accordingly. If the accused appears to be suffering from an unsound mental condition. On the other hand. 3. such members of the bar in good standing 2. The court should order his mental examination and his confinement. who by reason of their experience and ability. Who can be appointed as counsel de oficio? The court. 2. the latter shall cause notice to that effect to be sent promptly to the public attorney. or cause a notice to be served on the person having custody of the prisoner. (Webb v. and property. But. Otherwise. What is the difference between the duty of the court to appoint counsel de oficio during arraignment and during trial? During arraignment. in localities where such members of the bar are not available. the court must ask the defendant if he desires to have the aid of an attorney. Upon receipt of that notice. But if he did not know that he was being represented by a nonlawyer. The accused must ask for a lawyer. the court has the affirmative duty to inform the accused of his right to counsel and to provide him with one in case he cannot afford it. Can a non-lawyer represent the accused during arraignment? No. A defendant in a criminal case who believes or feels that he is not sufficiently informed of the crime with which he is charged and not in a position to defend himself properly and adequately could move for a bill or particulars or specifications. it is the obligation of the court to ensure that the accused is represented by a lawyer because it is the first time when the accused is informed of the nature and cause of the accusation against him. he is bound by the non-lawyer’s actions. a resident of the province 2. the court must grant him a reasonable time therefor. or else. can competently defend the accused. the right is deemed waived. What are the duties of the pubic attorney if the accused assigned to him is imprisoned? 1.

Not every aberration of the mind or exhibition of mental deficiency is sufficient to justify suspension. . 3. What is the test to determine whether the insanity of the accused should warrant the suspension of the proceedings? The test is whether the accused will have a fair trial with the assistance of counsel. However. the period of suspension shall not exceed 60 days counted from the filing of the petition for review.if necessary. 2. If there exists a prejudicial question. If a petition for review of the resolution of the prosecutor is pending either at the DOJ or the Office of the President. in spite of his insanity.