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CrimPro CapuSo MT Notes Basic Rules

toll the running by the ff:
1. conducting a PI except when different rule is special laws
2. filing of info or complaint directly to MTC or MCTC
3. institution of judicial proceedings
4. filing of complaint to prosecutor or ombudsman
Prescription 5. when the court does not have jurisdiction
sworn written statement subscribed by the:
1. offended party
2. any peace officer
Sec. 3 rule 110 Complaint 3. other public officer
Sec. 4 rule 110 Information An accusation in writing subscribed by the prosecutor and filed with the court
(in order of priority):
1. public prosecutor
Who can prosecute a criminal 2. private prosecutor authorized bythe chief of the Prosecution Office or the Regional State
Sec. 5 rule 110 action Prosecution
1. adultery or concubinage (by the offended spouse)
2. seduction, abduction and acts of lascviousness by the:
-offended party (even if minor), her parents, grandparents or guardians -unless there is express or implied consent or;
-if offended party dies or become incapacitated, w/o the ones mentioned above; the state may express pardon
Private crimes: who can file
Sec. 5 rule 110 (2) prosecute 3. defamation of (1) and (2)
1. fictitious name is fine BUT he must be
must state the: 4. fictitious name is fine:
1. name of the accused -if specific thing, name of offended party is not
2. designation of the offense given by the statute essential
3. acts or omissions complained of as constituting the offense -if general thing, name of offended party is
4. name of the offended party essential
Sufficiency of complaint or 5. approximate date of the commission of the offense 5. if date is necessary to the commission of the
Sec. 6 rule 110 information 6. place where the offense was committed crime it must be stated with specificity
1. adding or striking out an allegation or name of any party
sec 14 rule 110 amendment 2. correcting a mistaken or inadequate allegation or description


does not charge another offense different or distinct from the original charge 8. subject to generally accepted principles venue of institution of criminal 1. committed on board a vessel IN THE COURSE OF ITS VOYAGE . does not adversely affect any substantial right of the accused 10. if the documentary evidence remained the same and all are available to the other party before trial 6. does not deprive the accused of an opportunity to meet the new averment 5. when any evidence the accused might have would be inapplicable to the complant or information 3. change of crime to a higher crime substantial amendment 6. 33. dismissed for lack of proof beyond reasonable doubt action 3.CrimPro CapuSo MT Notes Basic Rules LEGAL BASIS TITLE GENERAL RULE EXCEPTION 1. does not cause surprise 4. consist of recital of facts constituting the offense charged and determinative of the jurisdiction of the court 4. does not affect the essence of the offense 3. does not change the nature of the crime 2. merely adds specifications to eliminate vagenuess in the information and not to introduce formal amendment new and material facts 1. when a defense of the accused under the original complaint or information would no longer be available after the amendment is made 2. new allegations which relate only to the range of the penalty that the court might impose in the event of conviction 7. 15 rule 110 action 2. dismissed because accused is not the criminal or no crime at all was committed types of dimissal of criminal 2. art 2 of RPC 1. aircraft or other public or private vehicle IN THE COURSE OF ITS TRIP - court of any municipality or territory where it passed including the place of departure and arrival b. conviction other civil actions may proceed indepently if when civil action may proceed there is reservation or a civil case was filed sec 3 rule 111 independently art 32. 34. where any of its essential ingredients occurred c. and 2176 before the criminal action 2 .in the court of the first port of entry or of any municipality or territory where the vessel passed during such shall be instituted: voyage. where the offense was committed. those that may prejudice the rights of the accused 5. adding the relationship of accused and victim a. committed in a train. or of law Sec. additional allegations which do not alter the prosecution's theory 9.

fraud. to be informed of the nature and cause of the accusation against him. Other officers as may be authorized by law: • COMELEC • PCGG Sec.CrimPro CapuSo MT Notes Basic Rules LEGAL BASIS TITLE GENERAL RULE EXCEPTION (1) Freedom of religion. and to have compulsory process to secure the attendance of witness in his behalf. (11) The privacy of communication and correspondence. 2 rule 112 Authorized to conduct PI • Office of the Ombudsman 3 . (8) The right to the equal protection of the laws. to meet the witnesses face to face. (13) The right to take part in a peaceable assembly to petition the Government for redress of grievances. acquittal based on reasonable doubt does not carry with it extinction 2. An inquiry or proceeding the purpose of which is to deternine whether or not there is sufficient ground to engender a well-founded belief that a crime has been committed and the respondent Sec. papers. (17) Freedom from being compelled to be a witness against one's self. Preliminary Investigation 2. Civil action is instituted previously or ahead of criminal action 1. court declares that liability of the accused is only civil of the civil action 3. and art 32 of civil code (19) Freedom of access to the courts. to have a speedy and public trial. Warrantless Arrest 1. (7) The right to a just compensation when private property is taken for public use. 1 rule 112 Preliminary Investigation is probably guilty thereof and should be held for trial 1. Nationala and Regional State Prosecutors 3. 7 rule 111 requisites of prejudicial question 3. (10) The liberty of abode and of changing the same. Warrant of Arrest needs to be established 4. house. and physical injuries member of city or municipal police force refuses or fails to art 34 of civil code render aid or protection to any person in case of danger to life or property art 2176 of civil code quasi-delicts 1. or from being forced to confess guilt. Involves an issue similar or intimately related to the issue raised in the subsequent criminal action Sec. and effects against unreasonable searches and seizures. (9) The right to be secure in one's person. administrative can be civil 2. (2) Freedom of speech. Resolution of civil action determines whether or not the criminal action may proceed. (18) Freedom from excessive fines. (4) Freedom from arbitrary or illegal detention. Search warrant Instances when probably cause 3. unless the same is imposed or inflicted in accordance with a statute which has not been judicially declared unconstitutional. (6) The right against deprivation of property without due process of law. except when the person confessing becomes a State witness. (3) Freedom to write for the press or to maintain a periodical publication. (12) The right to become a member of associations or societies for purposes not contrary to law. (16) The right of the accused to be heard by himself and counsel. Provincial or City Prosecutors and their assistants 2. art 33 of civil code defamation. (15) The right of the accused against excessive bail. or from being induced by a promise of immunity or reward to make such confession. Where reasons for extinction of penal action are: extinction of the penal action 1. or cruel and unusual punishment. civil liability is independent of crime. (14) The right to be free from involuntary servitude in any form. (5) Freedom of suffrage.

suporting affidavit and docs unless he fails to submit them. Determined personally by the judge 4 . Probable cause Const. Appeal of CA to SC 2. Any gov't official authorized Sec. ombudsman or his deputy 1. 4 rule 112 Cases not requiring PI 4. provincial prosecutor only be filed or dismissed by the 2. 2 Art. Notary public (in case of unavailability) 1. examine the evidence and copy them at his expense investigating officers efforts to reach respondent 2. Shall be subscribed and sworn to before either: a. copy of complaint b. counter-affidavit (subscribed and sworn to) counterveilng evidence Rights and Obligations of b. Rule 45 types of appeals for PI 3. Rule 65 2. new and amterial issues raised which were not presented prior Petition for review on certiorari c. city prosecutor investigating prosecutor with 3. Must receive: a. less than 4-2-1/straight to MTC 2. State address of respondent 2. order prosecution to submit addtl evidence Taking of the person into custody in order that he may be bound to answer for the commission Sec. Accompanied by: a. Other supporting docs 3. chief state prosecutor written authority by 4. Yes. dismiss the case of prosecutor 3. With doubt. Affidavit of witnesses c. 3 rule 112 Complaint c. Appeal to the OP a. summary procedure 3. 3 of Phil 1. prescription of the offense is not due to lapse w/in 6 mos Rules 45 on questions of law d. valid warrantless arrest Sec. Rule 43 1. # of copies = 3 of respondents (+2 copies) 4. Affidavit of complaint b. 1 Rule 113 Arrest of an offense Sec. appeal/petition for review is filed w/in 30 days from notice in finding probable cause: Options for the judge to 1. ANY prosecutor b. upon the c. Must submit: and was given an opportunity to present his a. punishable only by fine Complaint or information may 1.CrimPro CapuSo MT Notes Basic Rules LEGAL BASIS TITLE GENERAL RULE EXCEPTION 1. affidavits of his witnesses Respondent in PI c. judge issues warrant of arrest personally evaluate the resolution 2. offenses punishable by RP to death b. Requisites of warrant of arrest 2. No. other supporting documents 1.

3. medical doctor. Sovereigns and other chiefs of state. Immediately 1. Senator or member of HR (a) while Congress is in session in (b) all offenses punishable by not more than 6 years imprisonment (Constitution). subject to the principle of reciprocity (RA75). hot pursuit Sec. 5 rule 113 Lawful warrantless arrest 3. 5 . may be done in the presence of any of the parents. their duly registered Persons not subject to arrest domestics. district school supervisor. counsel. or priest or minister of the gospel as chosen by him. elder brothers and sisters. upon valid waiver. 2. commanding him to search for personal property described therein Sec. Right to be assisted by counsel at all times • Competent and independent counsel. ambassadors ministers plenipotentiary. public ministers of a foreign country. in flagrante delicto (requisite: overt act) 2. Right to be informed of the above rights. Offense has just been committed 2. signed by a judge and directed to a peace officer. 2. he must be provided with a competent and independent counsel by the investigating officer. RA 7483 Rights of a person under arrest • Custodial investigation (otherwise. 4. charge d’affaires (generally accepted principles of international law). 3. 1 rule 126 Search Warrant and bring it before the court. in writing.CrimPro CapuSo MT Notes Basic Rules LEGAL BASIS TITLE GENERAL RULE EXCEPTION 1. and signed by arrested person: • Waiver of provisions of Art 125 of the RPC (otherwise. ministers resident. the municipal mayor. preferably of his own choice. national or international NGOs (duly accredited by CHR or OP. inadmissible as evidence in any proceeding) • If no counsel. escaped prisoner Requisites: 1. priest/religious minister. Duly accredited ambassadors. null and void). • If such person cannot afford the services of his own counsel. The following must be done in the presence of counsel. null and void) • Extrajudicial confession (otherwise. An order in writing issued in the name of the People of the Philippines. person making the arrest has personal knowledge that the person to be committed has committed it Hot Pursuit 3. Right to be visited by immediate members of family. 1. his spouse. Right to remain silent. 5. the municipal judge. respectively).

Search incidental to a lawful arrest 2. Search of moving vehicle 5. Customs search 9. Discovery of evidence is inadvertent 3. And the things to be seized which may be anywhere in the Philippines. dual purpose: Search incidental to a lawful • effective crime prevention arrest • safety of POs Requisites: 1. Law enforcement officer has prior justification for intrusion. To be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce 4. Stop and frisk/Terry searches 4. Subject of the offense Search and Seizure of personal 2. Exigent and emergency circumstances 8. but must be shown by clear and convincing evidence. 2. Consented warrantless search – not to be lightly inferred. or is in a position from which he can view a particular area. Stolen or embezzled and other proceeds. 1. There must be a lawful arrest b. or otherwise subject to seizure. 6 . And particularly describing the place to be searched a. Seizure of evidence in plain view contraband. Probable cause 2.CrimPro CapuSo MT Notes Basic Rules LEGAL BASIS TITLE GENERAL RULE EXCEPTION 1. 7. able to ascertain and identify the place intended and distinguish it from other places in the community b. sanitary. or fruits of the offense. Inspection of buildings and other premises for the enforcement of fire. 1. Search is limited to: • person of the suspect and • area within the suspect’s reach/immediate control b. Requisites: a. or property 3. Search of vessels and aircraft 6. able to described with particularity enough to identify the person with reasonable Requisites of valid search certainty warrant 5. Allowable search is limited to search for: • dangerous weapons • anything which may have been used in the commission of the offense • anything which constitutes proof in the commission of an offense. and building Lawful warrantless search regulations Limitations a. Used or intended to be used as the means of committing an offense. In connection with one specific offense 3. Seizure of evidence in plain view 3. It is immediately apparent to officer that the item he observes may be evidence of a crime.

As a rule. or Forms of Bail (d) recognizance 7 . (a) corporate surety (b) property bond (c) cash deposit. The application may be made before any court within the judicial region where the crime was committed if the place of the commission of the crime is known b. The application may also be filed before any court within the judicial region where the warrant shall be enforced Note: In (a) and (b).CrimPro CapuSo MT Notes Basic Rules LEGAL BASIS TITLE GENERAL RULE EXCEPTION Valid frisk – must be a mere pat down outside the person’s garment and not unreasonably intrusive. Rule 114 Bail hereinafter specified. reasonable belief that criminal activity has happened or is about to happen 2. Requisites: 1. Motion to quash search warrant Effect of Invalid Warrant 2. inspection of vehicle is limited to body search Requisites: 1. illegal gambling. In cases involving heinous crimes. no body search Checkpoints 3. The application shall be made only in the court where the criminal action is pending. Presidential Anti-Organized Crime Task Force. Reaction Against Crime Task Force – Sec 2(a) and (b). to guarantee his appearance before any court as required under the conditions can also by given to witnesses Sec 1. c. warranted by exigencies of public interest 2. Motion to suppress evidence a. NBI. an application for a search warrant shall be filed before any court within whose executive judge and vice executive judges of Rule 126 Venue in filing a search warrant territorial jurisdiction a crime was committed RTC in Manila and QC. for purpose of discovering weapons. filing in such courts requires compelling reasons stated in the application. mere pat down of outside garment Stop and Frisk 3. furnished by him or a bondsman. dangerous drugs. person involved had knowledge of the existence of such right Waiver 3. The security given for the release of a person in custody of the law. genuine reason Requisites: 1. and illegal possession of firearms. if the criminal action has already been filed. right exists 2. d. the application for search warrant is filed by any of the ff: PNP. actual intention to relinquish such right 1.

when no arrest is made. (c) that he committed the offense while under probation. still be denied. a light felony and/or a criminal offense Sec 16 bail or recognizance punishable by 0-6-0 max and/or Php2000 fine. the trial may proceed in absentia. or Sec 5 Upon conviction by RTC (e) that there is undue risk that he may commit another crime during the pendency of the appeal. 24 When bail not allowed (c) After the accused has commenced to serve sentence of a responsible member of the community. (d) In MTC cases. irrespective of whether the case was originally filed in or appealed to it. (a) Bail not required when the law or these Rules so provide. evaded sentence. when not required. (b) When a person has been in custody for a period equal to or more than possible max imprisonment prescribed for the offense charged – immediate release. (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. or both.CrimPro CapuSo MT Notes Basic Rules LEGAL BASIS TITLE GENERAL RULE EXCEPTION (a) The undertaking shall be effective upon approval. the court may (b) After the judgment of conviction has become final allow his release on recognizance to the custody Sec 7. • Without prejudice to the continuation of the trial or the proceedings on appeal. (c) If max penalty to which the accused may be sentenced is destierro – release after 30 days of preventive imprisonment. (a) determined by the court after a hearing to be conducted (b) with notice of the hearing to the prosecutor or a requirement for him to submit his In determing if evidence of guilt is recommendation strong (c) the prosecution has the burden of showing that evidence of guilt is strong Accused shall be denied bail/bail shall be cancelled if: (1) Penalty imposed by the trial court is more than 6 years imprisonment and (2) Upon a showing by the prosecution. Bail. with notice to the accused. grant of bail still discretionary. parole. In such case. (d) that the circumstances of his case indicate the probability of flight if released on bail. Except that court is authorized to (b) that he has previously escaped from legal confinement. (b) if before such finality. or conditional pardon. and Sec 2 Conditions for Bail (d) The bondsman shall surrender the accused to the court for execution of the final judgment. Can aggravated by the circumstance of reiteration. (b) The accused shall appear before the proper court whenever required by the court of these Rules. the accused applies for probation. When no bail was filed or the (a) When charged with a offense punishable by DRL when evidence of guilt is strong accused is incapable of filing one. reduced (e) Under RA6036: violation of a municipal/city ordinance. quasirecidivist. of the following or other similar circumstances: Leviste v CA: even when these circumstances (a) that he is a recidivist. (a) Before or after conviction by the MTC Sec 4 When bail is a matter of right (b) Before conviction by the RTC of an offense not punishable by DRL When bail is a matter of (a) Before conviction by the RTC of an offense punishable by DRL (a) when evidence of guilt is strong Sec 5 discretion (b) Upon conviction by the RTC of an offense not punishable by DRL. or has committed the crime are absent. and unless cancelled. or violated the use sound (vs stringent) discretion approach. he may be allowed temporary liberty under his bail. conditions of his bail without valid justification. or habitual delinquent. 8 . shall remain in force at all stages of the case until promulgation of the judgment of the Regional Trial Court.

• In deportation proceedings – granted by law (Phil Immigration Act of 1940). and compelling circumstances. bail is not a matter of right. (a) If not yet charged in court – any court in pcm where he is held. (c) -If on appeal and trial court has not yet transmitted records to appellate court – bail shall be filed with and decided by trial court. (d) To testify as a witness in his own behalf but subject to cross-examination on matters covered by direct examination. -If on appeal and the decision of the trial court (b) If bail is matter of right – with the court where the case is pending. (f)Weight of the evidence against the accused. His silence shall not in any manner prejudice him. (g)Probability of the accused appearing at the trial. convicting the accused changed the nature of (c) If bail is matter of discretion/accused seeks to be released on recognizance – with the court the offense from nonbailable to bailable. and Sec 9 In fixing the amount (j)Pendency of other cases where the accused is on bail. (c) And if the prosecution fails to meet its burden of proof. (c)Penalty for the offense charged. Sec 1. or on appeal. only filed with and decided by appellate court. bail can Sec 17 Where filed where the case is pending.CrimPro CapuSo MT Notes Basic Rules LEGAL BASIS TITLE GENERAL RULE EXCEPTION • In the military – no right to bail. whether on preliminary investigation. humanitarian. Rule 115 Rights of the accused (i) To appeal in all cases allowed and in the manner prescribed by law (a) The burden lies on the prosecution to show proof beyond reasonable doubt (b) The prosecution must rest on the strength of its own evidence and must not rely on the weakness of the defense. (i)The fact that accused was a fugitive from justice when arrested. from arraignment to promulgation of the judgment. (h) To have speedy. (b)Nature and circumstances of the offense. (e) To be exempt from being compelled to be a witness against himself. may be granted as an exception based on general principles on human rights and due process if (a) applicant is not a flight risk or a danger to the community and (b) there exist special. the defense may logically not even How presumption of innocence present evidence on its own behalf. (f) To confront and cross-examine the witnesses against him at the trial (g) To have compulsory process issued to secure the attendance of witnesses and production of other evidence in his behalf. (h)Forfeiture of other bail. Right to speedy trial is given more emphasis. (a) To be presumed innocent until the contrary is proved beyond reasonable doubt. trial. (d)Character and reputation of the accused. (a)Financial ability of the accused to give bail. (b) To be informed of the nature and cause of the accusation against him. (e)Age and health of the accused. but discretionary Special rules on the part of the Commissioner of Immigration. impartial and public trial. (c) To be present and defend in person and by counsel at every stage of the proceedings. • In extradition proceedings – since not a criminal proceeding. works (d) In such cases the presumption prevails and the accused should necessarily be acquitted 9 . However.

the court is not precluded from investigation or those charged with the prosecution of crimes appointing a de oficio counsel. a. c. capricious. When an accused under custody escapes. When presence of the accused c. When right to counsel is granted Any person arrested. detained or under custodial investigation. (a) judge's illness (b) the designation of a judge to preside over another sala (c) heavy work load due to additional work (d) absence of a branch clerk of court Not valid justifications for long (e) non-submission/incompleteness of the transcript of stenographic notes by stenographers delay (f) defects in a motion 10 . Accused may waive pursuant to the stipulations set forth in his bail b. those charged with conducting preliminary himself scarce. Requisites of an admissible 3) the confession must be express.CrimPro CapuSo MT Notes Basic Rules LEGAL BASIS TITLE GENERAL RULE EXCEPTION a. which it (d) present and able to advise and assist his client from the time the confessant answers the first considers competent and independent Requisites for valid counsel question asked by the investigating officer until the signing of the extrajudicial confession. His presence is specifically ordered by the court for purposes of identification. (b) If the chosen counsel deliberately makes (c) any lawyer not those directly affected by the case. (b) If the person arrested or detained does not know how to read and write. in which case accused may appear by cannot be waived counsel or representative. 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. Exception: light offense. preferably of the confessant's choice. Promulgation of judgement. 2) the confession must be made with the assistance of a competent and independent counsel. Arraignment b. (a) competent and independent (b) preferably the choice of the person arrested. and RA 7438 extrajudicial confession 4) the confession must be in writing When right to speedy trial is violated Only when the proceedings are attended by vexatious. he shall be deemed to have waived his right to be When waiver is made present on all consequent trial dates until custody over him is regained. (a) Waiver (b) Police Line-up (c) confessions to brgy chairman When counsel is not required (d) Administrative cases (a) presence of counsel (b) in writing Requisites of valid waiver (c) voluntary and intellegently made 1) the confession must be voluntary. detained or under custodial investigation shall at all times be assisted by as a right counsel (a) The report shall be reduced to writing by the investigating officer. and oppressive delays. it shall be read and Valid custodial investigation adequately explained to him by his counsel or by the assisting counsel in the language or dialect RA 7438 report known to such arrested or detained person.

expressly. then accused should move for dismissal of the case. In any proceeding. administrative or judicial. as by a failure to claim it at the appropriate time and can only be raised by a natural person. (c) not to compare handwritings (f) pregnancy test (e) not reenactments (g) DNA sample (h) clothing samples or trying out clothes (i) mere custodians of documents Instances when it does not apply (j) immunity from prosecution If the accused should testify in his behalf. invoked by the accused to secure the attendance of witnesses and the production of witnesses Right to compulsory process in his behalf Stage where. to assume a stance. or impliedly. photography. investigatory or Right agains self incrimination adjudicatory (a) juridical person (b) compulsion to submit to fingerprinting. for the first time. an accused. Not self-executing or automatically operational. or to make a particular gesture. (b) ask him if he desires to have one. to walk. the direct examination of the witness should be expunged Right to cross-examine from the records. If not claimed by or in behalf of the witness. is Rule 116 Arraignment granted the opportunity to know the precise charge that confronts him (a) inform the accused of his right to counsel. and (c) must assign a counsel de officio to defend him unless the accused Duty of the court before (i) is allowed to defend himself in person. or measurements (c) to write or speak for identification (d) to appear in court (e) to stand. It follows that the right may be waived. or Sec 6 arraignment (ii) has employed a counsel of his choice 11 . It must be claimed. Equivalent to an acquittal. the protection does not come into play. in the mode and manner required by the Rules. he may not on cross-examination refuse to answer any particular question which might implicate When accused waives any question on the ground that he might be implicated in that crime of murder him for a different and distinct offense In the absence of a cross-examination. • If prosecution cannot produce witnesses or evidence and its motion for postponement is Remedies denied. • But accused should ask for trial first instead of moving for its dismissal outrightly. civil or criminal.CrimPro CapuSo MT Notes Basic Rules LEGAL BASIS TITLE GENERAL RULE EXCEPTION Balancing test: • Length of delay • Reasons for delay Ombudsman v What to consider in determining • Assertion/Failure to assert right by the accused Jurado the time-period • Prejudice caused by the delay • Trial court may dismiss case.

and (iii) There is a petition for review of the resolution of the prosecutor which is pending at either the Department of Justice. Presence of accused when (b) determination of civil liability. may be allowed by the trial court required if said party. fails to to plead guilty to a lesser offense which is appear during the arraignment Sec 2 Plea-bargaining. The period of suspension shall not exceed sixty (60) days counted from the filing of the petition with the reviewing office (c) Motion to quash (d) Challenge the validity of arrest or legality of the warrant issued or assail the regularity or Before arraignment and plea question the absence of a preliminary investigation of the charge (a) plea bargaining. and (c) To ask the accused if he wishes to present evidence and allow the accused to present Sec 3 Plea of guilty to a capital offense evidence in his behalf when he so desires 12 . or of the Office of the President. (a) The consent of the offended party will not be (a) with the consent of the offended party and the prosecutor. and (ii) to ascertain whether or not the accused has full comprehension of the consequences of his plea. court may ask for addtl (b) To require the prosecution to prove the following: evidence but not mandatory (i) the guilt of the accused. and (ii) the precise degree of his culpability. Court is obligated: (a) To conduct a searching inquiry (i) to ascertain the voluntariness of the plea. and Sec 1 required (c) other matters requiring his presence (a) expressly pleas not guilty (b) he refuses to plead. (c) he makes a conditional plea When plea of not guilty is entered (d) when he pleads guilty but presents exculpatory evidence admits all the material facts alleged in the information including the aggravating circumstances if such circumstances are disproved by the effect listed therein evidence Accused.CrimPro CapuSo MT Notes Basic Rules LEGAL BASIS TITLE GENERAL RULE EXCEPTION the accused may avail of any of the following: (a) Bill of particulars (b) suspension of arraignment: (i) The accused appears to be suffering from an unsound mental condition (ii) There exists a prejudicial question. if not capital offense. requisites (b) necessarily included in the offense charged. despite due notice.

People v Ulit Guidelines to searching inquiry (g) The trial judge must satisfy himself that the accused. (b) The motion shall be signed by the accused or his counsel. and educational background. Rule 117 Requisites of Motion to Quash (c) The motion shall distinctly specify the factual and legal grounds of the motion (a) That the facts charged do not constitute an offense. is truly guilty. (e) Inquire if the accused knows the crime with which he is charged and fully explain to him the elements of the crime which is the basis of his indictment. socio- economic status. (a) execution of affidavit of desistance (b) absence of probable cause (c) matters of defense Not grounds (d) absence of preliminary investigation ff cannot be waived: (a) that the facts charged do not constitute an offense (b) that the court trying the case has no jurisdiction over the offense charged (c) that the criminal action or liability has been (a) the accused did not file a motion to quash. and (3) under what conditions he was detained and interrogated during the investigations. and completely explained to. such as his age. (c) That the court trying the case has no jurisdiction over the person of the accused. and (i) That the accused has been previously convicted or acquitted of the offense charged. (b) That the court trying the case has no jurisdiction over the offense charged. would constitute a legal excuse or justification. the accused the meaning and consequences of a plea of guilty. and Sec 9 Deemed waivers (b) the accused filed a motion to quash but failed to allege the ground in said motion (d) double jeopardy -extinction of criminal liability Sec 5 Effect An order sustaining the motion to quash is not a bar to another prosecution for the same offense -double jeopardy 13 .CrimPro CapuSo MT Notes Basic Rules LEGAL BASIS TITLE GENERAL RULE EXCEPTION (a) Ascertain from the accused himself (1) how he was brought into the custody of the law. if true. (2) whether he had the assistance of a competent counsel during the custodial and preliminary investigations. which may serve as a trust-worthy index of his capacity to give a free and informed plea of guilty. in pleading guilty. or the Sec 3 Grounds case against him was dismissed or otherwise terminated without his express consent. (d) Inform the accused the exact length of imprisonment or nature of the penalty under the law and the certainty that he will serve such sentence. (d) That the officer who filed the information had no authority to do so. (c) Elicit information about the personality profile of the accused. (g) That the criminal action or liability has been extinguished. (h) That it contains averments which. (f) All questions posed to the accused should be in a language known and understood by the latter. (b) Ask the defense counsel a series of questions as to whether he had conferred with. and Sec 2. or extinguished. (e) That it does not conform substantially to the prescribed form. (a) The motion shall be in writing. (f) That more than one offense is charged except when a single punishment for various offenses is prescribed by law.

Municipal Trial Court in Cities. (d) waiver of objections to admissibility of evidence. 1(f) of Rule 116. (a) Sandiganbayan. 8 of Rule 117. (a) the case is not revived within one (1) year after the issuance of the order of provisional dismissal with respect to offenses punishable by imprisonment not exceeding six (6) years or a fine of any amount or both. or (e) The subsequent prosecution is for an offense which is the same as the former complaint or -the plea of guilty to a lesser offense was made information or for any attempt of the same or a frustration thereof. (b) the offended party is notified of the motion for a provisional dismissal of the case. (a) plea bargaining.CrimPro CapuSo MT Notes Basic Rules LEGAL BASIS TITLE GENERAL RULE EXCEPTION (a) speedy trial Dismissals deemed acquittal (b) demurrer to evidence even with consent of accused (c) discharge of accused to be a state witness -when accused appeals. (e) modification of the order of trial if the accused admits the charge but interposes a lawful defense. Municipal Mandatory in the ff courts Circuit Trial Court 14 . Requisites: (a) There must be express consent of the accused. (b) Regional Trial Court. Requirements for the time-bar (c) the court issues an order granting the motion and dismissing the case provisionally. (c) Metropolitan Trial Court. and (f) such other matters as will promote a fair and expeditious trial of the criminal and civil aspects Sec 1. without complying with the above requisites. or for any offense which without the consent of the prosecutor and of the necessarily includes or is necessarily included in the offense charged in the former complaint or offended party except as otherwise provided in Sec 7 Double Jeorpardy information Sec. case is open for any Requisites: judgment (a) The accused has been convicted or acquitted. and information. or The dismissal shall become (b) the case is not revived within two (2) years after the issuance of the order of provisional permanent if: dismissal with respect to offenses punishable by imprisonment of more than six (6) years (a) the prosecution with the express conformity of the accused or the accused moves for a provisional (sin perjuicio) dismissal of the case. Municipal Trial Court. the dismissal will not trigger the operation of the Sec 8 Provisional dismissal "time-bar" rule in the second paragraph of Sec. -supervening facts (b) That the conviction. acquittal or dismissal was made by a court of competent jurisdiction. People v Lacson rule (d) the public prosecutor is served with a copy of the order of provisional dismissal of the case. -the facts constituting the graver charge (c) There is a valid complaint or information or other formal charge sufficient in form and became known or were discovered only after a substance' to sustain a conviction. (c) marking for identification of evidence of the parties. plea was entered in the former complaint or (d) The accused has pleaded to the charge. or the case against him was dismissed or -administrative cases terminated without his express consent. Rule 118 Purpose of Pre-trial of the case. (b) There must be notice to the offended party. or both the prosecution and the accused move for a provisional dismissal of the case. (b) stipulation of facts.

(b) proceedings with respect to other criminal charges against the accused. during which any proceeding concerning the accused is actually under advisement. (g) Delay reasonably attributable to any period. Rule 119 the trial of the public and the accused in a speedy trial 15 . and (c) control the course of the action during the trial. (b) limit the trial to matters not disposed of. or the prosecution. as to whom the time for trial has not run and no motion for separate trial has been granted. (c) extraordinary remedies against interlocutory orders. and (c) Informing the parties that no evidence shall be allowed to be presented and offered during the trial other than those identified and marked during the pre-trial except when allowed by the the Court shall set the pretrial court for good cause shown. or. (h) the absence or unavailability of an essential witness. (i) the mental incompetence or physical inability of the accused to stand trial. the court shall issue an order: • Reciting the (a) actions taken. they cannot be used against the accused.After the pretrial conference. or on motion of either the accused or his Delays excluded from computing counsel. not to exceed thirty (30) days. He shall be considered unavailable whenever his whereabouts are known but his presence for trial cannot be obtained by due diligence.CrimPro CapuSo MT Notes Basic Rules LEGAL BASIS TITLE GENERAL RULE EXCEPTION Issue an order containing the following: (a) Requiring the private offended party to appear for purposes of plea bargaining and for other matters requiring his presence (b) Referring the case to the Branch Clerk of Court. (k) Delay which is reasonable when the accused is joined for trial with a co-accused over whom the court has not acquired jurisdiction. • Such order shall (a) bind the parties.Agreements must be approved by the court. (b) the facts stipulated. Delays resulting from: (a) an examination of the physical and mental condition of the accused. provided that the delay does not exceed thirty (30) days. (j) the date the charge was dismissed to the date the time limitation would commence to run as to the subsequent charge had there been no previous charge if the information is dismissed upon motion of the prosecution and thereafter a charge is filed against the accused for the same offense. or proceedings relating to change of venue of cases or transfer from other courts. . (l) a continuance granted by any court motu proprio. unless modified by the court to prevent manifest Sec 2 Pre-trial agreements injustice. . In mediatiable cases. (f) a finding of the existence of a prejudicial question.All agreements or admissions shall be reduced in writing and signed by the accused and counsel. (d) pre-trial proceedings. an essential witness is considered absent when his whereabouts are unknown or his whereabouts cannot be determined by due diligence. Otherwise. if warranted for a preliminary conference to be set at least three (3) days prior to the pre-trial to mark the documents or exhibits to be (a) in cases for violations of the Comprehensive presented by the parties and copies thereof to be attached to the records after comparison and Drugs Act of 2002. the judge shall refer the parties and their conference counsel to the PMC unit for purposes of mediation if available . and (c) evidence marked. (e) orders of inhibition. if the court granted the continuance on the basis of its findings set the period for commencement of forth in the order that the ends of justice served by taking such action outweigh the best interest Sec 3. to consider other matters as may aid in its prompt disposition.

Upon submission of the evidence of the parties. the case shall be deemed submitted for 123. unless the court allows him to present consummation of the sale by the delivery of the additional evidence bearing on the main issue. or continuation (b) failure to obtain available witnesses on the part of the prosecutor (a) that the witness is sick or infirm as to afford reasonable ground for believing that he will not be able to attend the trial. if any. and Sec 17 Requisites of State Witness (e) Said accused has not at any time been convicted of any offense involving moral turpitude. and Requirements for reopening a (5) the presentation of additional and/or further evidence should be terminated within thirty days Cabarles v Maceda case from the issuance of the order (a) the accused has already been arraigned. (b) the accused has been duly notified of the trial or hearings. arising from the issuance of a provisional remedy in the case. or (b) resides more than one hundred (100) kilometers from the place of trial and has no means to attend the same. or that it is unreasonable to expect Sec 4 continuances or postponements adequate preparation within the periods of time established therein Prohibited grounds on (a) congestion of the court's calendar or due to lack of diligent preparation. The prosecution shall present its evidence first (a) to prove the charge. and Valid Trial in Absentia (c) the absence of the accused or his failure to appear is unjustified 16 . payment of the consideration.CrimPro CapuSo MT Notes Basic Rules LEGAL BASIS TITLE GENERAL RULE EXCEPTION (a) his whereabouts are unknown. or essential witness absent in either (b) his whereabouts cannot be determined by due of the following situations: diligence. (b) The is no other direct evidence available for the proper prosecution of the offense committed. or Sec 15 Witness by Prosecutor (b) has to leave the Philippines with no definite date of returning (a) There is absolute necessity for the testimony of the accused whose discharge is requested. or Conditional Examination of (c) that other similar circumstances exist that would make him unavailable or prevent him from Sec 12 Witness by accused attending the trial Conditional Examination of (a) too sick or infirm to appear at the trial as directed by the order of the court. (d) Said accused does not appear to be the most guilty. Ong. The prosecution may present its rebuttal evidence unless the court the court allows it to the pusher. the prosecution to present a complete picture 2. (4) the order intends to prevent a miscarriage of justice. illegal subject of sale (People v. initial contact between the poseur. 544 SCRA 5. except the testimony of said accused. due to the Factors considered for granting number of accused or the nature of the prosecution. (3) the order is issued only after a hearing is conducted. (a) Whether or not the failure to grant a continuance would likely make a continuation of such proceeding impossible or result in a miscarriage of justice.buyer and 3. unusual and complex. the promise or present additional evidence bearing on the main issue. the offer to purchase. and (b) to prove the (1) In Dangerous Drugs Cases. it is the duty of civil liability in the proper case. February 6.2008). The accused will then present his evidence to prove his defense and the damages he detailing the buy. The accused may present sur-rebuttal evidence. Sec 11 Order of trial decision unless the court directs them to argue orally or to submit written memoranda (1) the reopening must be before the finality of a judgment of conviction. until the 4.bust operation—from the sustained. (c) The testimony of said accused can be substantially corroborated in its material points. 1. (2) the order is issued by the judge on his own initiative or upon motion. or (b) Whether or not the case taken as a whole is so novel.

Guidelines in determining whether motion is a demurrer to a. • If leave of court is granted. judgment is for conviction and the failure of the accused to appear was without justifiable he proves that his absence was for a justifiable Sec 6 judgment cause.tion purposes. Allegations evidence or just a motion to b. (b) during trial. in which case. accused fails to appear despite notice. the accused shall file the demurrer to evidence within a nonextendible period of 10 days from notice. cause. the promulgation shall be made serving him a copy absence at the scheduled promulgation and if Absence during Promulgation of b. whether of innocence or of guilt. (3) the participation of the accused in the offense. Demurrer to evidence without leave of court • The accused waives the right to present evidence and submits the case for judgment on the Sec 23 Demurrer to Evidence basis of the evidence for the prosecution. the accused may adduce evidence in his defense. Primary objective of the party filing it (1) written in the official language. The prosecution may oppose the motion within a nonextendible period of 5 days from its receipt. Contents of a Judgment of (4) the penalty imposed upon the accused. • The order denying the motion for leave of court to file demurrer to evidence or the demurrer itself shall not be reviewable by appeal or by certiorari before judgment. 17 .CrimPro CapuSo MT Notes Basic Rules LEGAL BASIS TITLE GENERAL RULE EXCEPTION (a) at arraignment and plea. and When the Presence of the (c) at the promulgation of sentence. whether as principal. lose the remedies and the court shall order his arrest. (2) the aggravating or mitigating circumstances which attended its commission. • If the court denies the demurrer to evidence filed with leave of court. and Sec 2 conviction (5) the civil liability or damages caused (1) offense proved is different from the offense as charged in the complaint or information (2) offense as charged is either included in the offense proved or necessarily includes the offense Sec 4 Variance Doctrine proved Within fifteen (15) days from promulgation of judgment. or accessory after the fact. State of the proceeding at which it is filed (demurrer is after prosec rests its case) dismiss: c. (2) personally and directly prepared by the judge and signed by him Rule 120. 2. the accused may surrender and file a motion for leave of court to avail of these remedies. unless it is for a light offense. accomplice. whenever necessary for identifica. Demurrer to evidence with leave of court • The motion for leave of court to file demurrer to evidence shall specifically state its grounds and shall be filed within a nonextendible period of 5 days after the prosecution rests its case. He shall state the reasons for his a. Sec 1 Requisites of judgment (3) shall contain clearly and distinctly a statement of the facts and the law upon which it is based (1) the legal qualification of the offense constituted by the acts committed by the accused. the accused People v De Grano Accused is Required may appear by counsel or representative 1. The prosecution may oppose the demurrer to evidence within a similar period from its receipt.

CrimPro CapuSo MT Notes Basic Rules LEGAL BASIS TITLE GENERAL RULE EXCEPTION (a) after the lapse of the period of appeal (b) when the sentence has been partially or totally satisfied or served (c) accused has waived n writing his right to appeal Sec 7 Judgment becomes final when (d) has applied for probation 18 .