Professional Documents
Culture Documents
135
CRIMINAL PROCEDURE
Remedies of the offended party if the motion to quash on that ground has
prosecutor refuses to file an been denied.
information:
1. file an action for mandamus, in Section 2. Form of the complaint or
case of grave abuse of information.
discretion;
2. lodge a new complaint before FORM
the court having jurisdiction over 1. In writing;
the offense; 2. In the name of the People of the
3. take up the matter with the Philippines; and
Secretary of Justice in 3. Against all persons who appear
accordance with the Rev. to be responsible for the offense
Administrative Code; involved.
4. institute an administrative Section 3. Complaint defined.
charges against the erring
prosecutor; and A Complaint is:
5. file criminal action against the 1. a sworn written statement;
prosecutor with the 2. charging a person with an
corresponding civil action for offense;
damages. 3. subscribed by the offended
party, any peace officer or other
May Injunction Issue to Restrain public officer charged with the
Criminal Prosecution? enforcement of the law violated.
GENERAL RULE: Criminal prosecutions
may NOT be restrained or stayed by The complaint mentioned in this section
injunction, preliminary or final. The refers to one filed in court for the
reason being, public interest requires commencement of a criminal
that criminal acts be immediately prosecution for violation of a crime,
investigated and prosecuted for the usually cognizable by municipal trial
protection of the society (Domingo vs. courts as well as to a complaint filed by
Sandiganbayan, 322 SCRA 655). an offended party in private crimes or
EXCEPTIONS: those which cannot be prosecuted de
1. To afford adequate protection to the officio.
constitutional rights of the accused;
2. When necessary for the orderly REQUISITES OF A COMPLAINT:
administration of justice or to avoid 1. it must be in writing and under
oppression or multiplicity of actions; oath;
3. When there is a prejudicial question 2. it must be in the name of the
which is subjudice; People of the Philippines;
4. When the acts of the officer are 3. it must charge a person with an
without or in excess of authority; offense; and
5. When the prosecution is under an 4. it must be subscribed by the
invalid law, ordinance or regulation; offended party, by any peace
6. When double jeopardy is clearly officer or public officer charged
apparent; with the enforcement of the law
7. When the court had no jurisdiction violated.
over the offense;
8. When it is a case of persecution PERSONS WHO CAN FILE A COMPLAINT
rather than prosecution; 1. Offended party
9. When the charges are manifestly 2. Any peace officer
false and motivated by lust for 3. Other public officer charged with
vengeance; and the enforcement of the law
10. When there is clearly no prima facie violated
case against the accused and a
ex. Internal Revenue Officer for prosecuted under the direction and
violation of the NIRC, custom control of the prosecutor.
agents with respect to violations
of the Tariff and Customs Code A PRIVATE PROSECUTOR may be
authorized to prosecute a criminal action
Section 4. Information defined. subject to the following conditions:
1. the public prosecutor has a
An Information is: heavy work schedule, or there is
1. an accusation in writing; no public prosecutor assigned in
2. charging a person with an the province or city;
offense; 2. the private prosecutor is
3. subscribed by the prosecutor and authorized IN WRITING by the
filed with the court. Regional State Prosecutor (RSP),
Provincial or City Prosecutor;
REQUISITES OF AN INFORMATION 3. the authority of the private
1. it must be in writing; prosecutor must be approved by
2. it must charge a person with an the court;
offense; 4. the private prosecutor shall
3. it must be subscribed by the continue to prosecute the case
fiscal; and until the end of the trial unless
4. it must be filed in court. the authority is withdrawn or
otherwise revoked by the RSP,
COMPLAINT INFORMATION Provincial or City Prosecutor;
Subscribed by the Subscribed by the and
offended party, any fiscal 5. In case of the withdrawal or
peace officer or other (indispensable revocation of the authority of
officer charged with requirement) the private prosecutor, the same
the enforcement of must be approved by court.
the law violated (Memo Circ. No. 25, April 26,
it may be filed either it is filed with the 2002, Regarding Amendment to
in court or in the court Sec. 5, Rule 110)
prosecutor’s office
must be made under need not be under In appeals before the CA and the SC, it is
oath oath only the Solicitor General that is
authorized to bring and defend actions in
Prosecution in the RTC are always behalf of the People of the Philippines
commenced by information, EXCEPT: (People vs. Nano, 205 SCRA 155).
1. in certain crimes against chastity
(concubinage, adultery, In all cases elevated to the
seduction, abduction, acts of Sandiganbayan and from the
lasciviousness); and Sandiganbayan to the SC, the Office of
2. defamations imputing any of the the Ombudsman, through its Special
aforesaid offenses wherein a Prosecutor shall represent the People of
sworn written complaint is the Philippines, EXCEPT in cases filed
required in accordance with pursuant to E.O. Nos. 1, 2, 14 and 14-A,
section 5 of this Rule. issued in 1986 (Sec. 4, RA 8249).
as waiver of the right to pursue civil The information or complaint must state
indemnity. or designate the following whenever
possible:
Section 6. Sufficiency of complaint or 1. The designation of the offense
information. given by the statute.
2. The statement of the acts or
CONTENTS OF A VALID COMPLAINT OR omissions constituting the
INFORMATION offense, in ordinary, concise and
1. Name of the accused, including particular words.
any appellation or nickname 3. The specific qualifying and
An error in the name of the aggravating circumstances must
accused is not reversible as long be stated in ordinary and concise
as his identity is sufficiently language.
established and this defect is
curable at any stage of the The qualifying and aggravating
proceedings as the insertion of circumstances cannot be appreciated
the real name of the accused is even if proved UNLESS alleged in the
merely a matter of form. information.
2. The designation of the offense
3. The acts or omissions In case of allegation of aggravating
complained of as constituting circumstance of HABITUAL
the offense DELINQUENCY, it should not be generally
4. The name of the offended party averred. The information must specify
5. The approximate time of the the requisite data regarding:
commission of the offense 1. the commission of the crimes;
6. The place wherein the offense 2. the last conviction or release;
was committed 3. the other previous conviction or
release of the accused.
PURPOSE OF THE RULE
1. To inform the accused of the ALLEGATIONS PREVAIL OVER
nature and cause of accusation DESIGNATION OF THE OFFENSE IN THE
against him. INFORMATION
2. To notify the defendant of the
criminal acts imputed to him so It is not the designation of the offense in
that he can duly prepare his the complaint or information that is
defense. controlling (People vs. Samillano, 56
SCRA 573); the facts alleged therein and
Substantial defect in the information not its title determine the nature of the
cannot be cured by evidence that would crime (People vs. Magdowa, 73 Phil.
jeopardize the accused’s right to be 512).
informed of the true nature of the
offense he is being charged with The accused may be convicted of a crime
more serious than that named in the
Section 7. Name of the accused. title or preliminary part if such crime is
covered by the facts alleged in the body
PURPOSE of the information and its commission is
The manifest intent of the provision is to established by evidence (Buhat vs. Court
make a specific identification of the of Appeals, 265 SCRA 701).
person to whom the commission of an
offense is being imputed.
An accused could not be convicted under Section 11. Date of commission of the
one act when he is charged with a offense
violation of another if the change from
one statute to the other involves: GENERAL RULE:
a) a change in the theory of the It is NOT required that the complaint or
trial; information state with particularity the
b) requires of the defendant a PLACE where the crime was committed
different defense; or and the DATE of the commission of the
c) surprises the accused in any way crime.
(U.S. vs. Panlilio, 28 Phil. 603) EXCEPTION:
. If the PLACE/DATE of the commission of
Section 9. Cause of the accusation. the offense constitutes an essential
element of the offense.
PURPOSE
1. to enable the court to pronounce Section 12. Name of the offended party
proper judgment;
2. to furnish the accused with such GENERAL RULE: The offended party
a description of the charge as to must be designated by name, nickname,
enable him to make a defense; any other appellation or by fictitious
3. as a protection against further name.
prosecution for the same cause. EXCEPTION: In crimes against property,
the description of the property must
RULE ON NEGATIVE AVERMENTS supplement the allegation that the
GENERAL RULE: Where the statute owner is unknown.
penalizes generally the acts therein
defined and is intended to apply to all Section 13. Duplicity of offense.
persons indiscriminately, the information
is sufficient even if does not allege that There is duplicity when the complaint or
the accused falls within the excepted information charges 2 or more DISTINCT
situation, for then the complete or DIFFERENT offenses.
definition of the offense is entirely
separable from the exceptions and can GENERAL RULE:
be made without reference to the latter. A complaint or information must charge
In this case, the exception is a matter of only one offense.
defense which the accused has to prove. EXCEPTIONS:
1. Complex crimes
EXCEPTION: Where the statute alleged 2. Special Complex crimes
to have been violated applies only to a 3. Continuous crimes or delicto
specific class of persons and to special continuado
conditions, the information must allege 4. Crimes of which another offense
facts establishing that the accused falls is an ingredient
within the specific class affected and not
those affected from the coverage of law. Should there be duplicity of offense in
Where negative averment is an essential the information, the accused must move
element of the crime, it must be proved. for the quashal of the same BEFORE
arraignment
If subpoena is issued,
respondent shall submit a
counter-affidavit and other
supporting documents within 10
days from receipt thereof.
Section 3. Procedure The Rules do not require the presence of
the respondent in the Preliminary
Investigation, what is required is that he
Hearing (optional). It shall be held
within 10 days from submission of
counter-affidavits
REMEDIAL LAW COMMITTEE or from the
expiration
CHAIRPERSON of the
: Jinky Annperiod
Uy ofASST
their
. CHAIRPERSONS: Allen Fariñas, Maricris Oronea EDPS: Martessa Nuylan,
Charissimae submission.
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obiña (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
Resolution of
investigating prosecutor
San Beda College of Law
147
The 5-day period is MANDATORY, failure For cases under the Revised Rules on
to file the motion within the said period Summary Procedure, no warrant shall be
amounts to waiver of the right to ask for issued except where the accused fails to
preliminary investigation. appear after being summoned.
Where the information was amended If the complaint is filed with the
without a new preliminary investigation prosecutor involving an offense
having been conducted, the 5-day period punishable by imprisonment of less than
is computed from the time the accused 4 years, 2 months and 1 day, the
learns of the filing of said amended procedure in Rule 112, Section 3 (a) shall
information. be observed.
Where the trial court has granted a If the complaint is filed with the MTC,
motion for reinvestigation, it must hold the same procedure under Rule 112,
in abeyance the arraignment and trial of Section 3 (a) shall be observed.
the
the accused until the prosecutor shall RULE 113
have conducted and made a report on ARREST
the result of such reinvestigation.
Section 1. Definition of arrest.
Section 11. Right of officer to break Bail -- the security given for the release
into building or enclosure. of a person in custody of the law,
furnished by him or a bondsman,
Requisites before an officer can break conditioned upon his appearance before
into a building or enclosure to make an any court as required under the
arrest: conditions specified by the rule (Sec. 1,
1. That the person to be arrested is Rule 114).
or is reasonably believed to be in
said building;
2. That he has announced his
authority and purpose for A person is in the custody of law
entering therein; when he has been either arrested or
3. That he has requested and been otherwise deprived of his freedom or
denied admittance. when he has voluntarily submitted
himself to the jurisdiction of the court
The bail bond is automatically cancelled no bail was filed, or is incapable of filing
upon the acquittal of the accused or one, he may be released on recognizance
dismissal of the case or execution of the to the custody of a responsible member
final order of conviction, without of the community
prejudice to any liability on the bond
incurred prior to their discharge. The application for probation must be
filed within the period of perfecting an
METHODS BY WHICH SURETIES MAY appeal. Such filing operates as a waiver
RELIEVE THEMSELVES FROM of the right to appeal. The accused in
RESPONSIBILITIES the meantime, is entitled to be released
a. Arrest the principal and deliver on bail or recognizance. (Sec. 4, PD 968,
him to the proper authorities; as amended)
b. They may cause his arrest to be
made by any police officer or Section 25. Court supervision of
other person of suitable age or detainees.
discretion; or
c. By endorsing the authority to The employment of physical,
arrest upon a certified copy of psychological or degrading punishment
the undertaking and delivering it against any prisoner or detainee or the
to such officer or person use of substandard or inadequate penal
facilities under subhuman conditions
Section 23. Arrest of accused out on shall be dealt with by law (Section 19(2),
bail. Article III, 1987 Constitution).
An accused released on bail may be re- Section 26. Bail not a bar to objection
arrested without a warrant if he on illegal arrest, lack of or irregular
attempts to depart from the Philippines preliminary investigation.
without prior permission of the court
where the case is pending. AN APPLICATION FOR OR ADMISSION TO
BAIL SHALL NOT BAR THE ACCUSED
Section 24. No bail after final a. from challenging the validity of
judgment; exception. his arrest OR
b. legality of the warrant issued
GENERAL RULE: The finality of the therefore, OR
judgment terminates the criminal c. from assailing the regularity or
proceeding. Bail becomes of no avail. questioning the absence of
The judgment contemplated is a preliminary investigation of the
judgment of conviction. The judgment is charge against him, PROVIDED,
final if the accused does not appeal the he raises them before entering
conviction. his plea.
The duty of the court to appoint a RIGHT OF THE ACCUSED AGAINST SELF-
counsel de oficio when the accused has INCRIMINATION VS. RIGHT OF THAT OF
no legal counsel of choice and desires to AN ORDINARY WITNESS
employ the services of one is The ordinary witness may be compelled
MANDATORY only at the time of to take the witness stand and claim the
arraignment. (Sec. 6 Rule 116) privilege as each question requiring an
incriminating answer is shot at him, an
E. TO TESTIFY AS WITNESS IN HIS OWN accused may altogether refuse to take
BEHALF the witness stand and refuse to answer
A denial of the defendant’s right to any and all questions.
testify in his behalf would constitute an
unjustifiable violation of his G. RIGHT TO CONFRONT AND CROSS-
constitutional right. (People vs. EXAMINE THE WITNESSES AGAINST HIM
Santiago, 46 Phil. 734) AT TRIAL
where death penalty is imposed, such 1. for 180 days for the first 12
right cannot be waived as the review of calendar month period from the
the judgment by the COURT OF APPEALS effectivity of the law;
is automatic and mandatory (A.M. NO. 2. 120 days for the second 12
00-5-03-SC). month period; and
3. 80 days for the third 12 month
period.
THE SPEEDY TRIAL ACT OF 1998
(RA 8493)
RULE 116
DUTY OF THE COURT AFTER ARRAIGNMENT AND PLEA
ARRAIGNMENT OF AN ACCUSED
Court SHALL order a pre-trial conference Section 1. Arraignment and plea; how
to consider the following: made.
1. plea bargaining;
2. stipulation of facts; Arraignment – the formal mode of
3. marking for identification of implementing the constitutional right of
evidence of parties; the accused to be informed of the nature
4. waiver of objections to of the accusation against him.
admissibility of evidence; and
5. such other matter as will WHERE AND HOW MADE:
promote a fair and expeditious 1. Before the court where the
trial; complaint or information has
been filed or assigned for trial;
TIME LIMIT FOR THE TRIAL OF CRIMINAL 2. in open court, by the judge or
CASES: SHALL NOT EXCEED 180 days clerk by furnishing the accused a
from the first day of trial, HOWEVER, copy of the complaint or
this rule is NOT ABSOLUTE, for the law information with the list of the
provides for the following EXCEPTIONS: witnesses, reading it in a
1. those governed by the Rules on language or dialect known to him
Summary Procedure; or and asking him of his plea;
2. where the penalty prescribed by
law DOES NOT EXCEED 6 months RULES:
imprisonment or a fine of P1,000 1. Trial in absentia is allowed only
or both; AFTER arraignment;
3. those authorized by the Chief 2. Judgment is generally void if the
Justice of the SC; accused has not been arraigned;
3. There can be no arraignment in
PERIOD FOR ARRAIGNMENT OF THE absentia (accused must
ACCUSED personally enter his plea);
Within 30 days from the filing of the 4. if the accused went to trial
information, or from the date the without arraignment, but his
accused appealed before the counsel had the opportunity to
justice/judge/court in which the charge cross-examine the witness of the
is pending, whichever date last occurs. prosecution and after the
prosecution he was arraigned the
defect was cured;
Just in civil cases, the bill of particulars GENERAL RULE: The accused may move
here should be considered an integral to quash the complaint or information at
part of the complaint or information any time BEFORE entering his plea.
which it supplements. EXCEPTION - Instances where a motion
The remedy against an indictment to quash may be filed AFTER plea:
that fails to allege the time of 1. failure to charge an offense
commission of the offense with 2. lack of jurisdiction over the
sufficient definiteness is a motion offense charged
for a bill of particulars, not a 3. extinction of the offense or
motion to quash. penalty
4. the defendant has been in
The failure to ask for Bill of Particulars former jeopardy.
amounts to a waiver of such right.
Motion to Quash Demurrer to
Section 10. Production or inspection of Evidence
material evidence in possession of filed before the filed after the
prosecution. defendant enters his prosecution has
plea rested its case
Section 11. Suspension of arraignment Does not go into the based upon the
merits of the case inadequacy of the
GROUNDS FOR SUSPENSION but is anchored on evidence adduced by
1. the accused appears to be matters not directly the prosecution in
suffering from an unsound related to the support of the
mental condition which question of guilt or accusation
effectively renders him unable to innocence of the
fully understand the charge accused
against him and to plead Governed by Rule governed by Rule 119
intelligently thereto; 117 of the Rules of of the Rules of
2. there exists a valid prejudicial Criminal Procedure Criminal Procedure
question; and
3. a petition for review of the
resolution of the prosecutor is Section 2. Form and contents.
pending at the Department of
Justice or the Office of the FORM AND CONTENTS OF A MOTION TO
President; provided that the QUASH
period of suspension shall not 1. in writing
exceed 60 days counted from the 2. signed by the accused or his
filing of the petition. counsel
3. shall specify distinctly the
factual and legal grounds
RULE 117 therefor.
MOTION TO QUASH
The court shall consider no grounds
Section 1. Time to move to quash. other than those stated in the motion,
EXCEPT lack of jurisdiction over the
Motion to Quash - this presupposes that offense charged and when the
the accused hypothetically admits the information does not charge an offense.
c) that the accused has been Section 6. Order sustaining the motion
previously convicted or to quash not a bar to another
acquitted of the offense prosecution.
charged,
the court must state, in its order A motion SUSTAINING the motion to
granting the motion, the release quash is NOT a bar to another
of the accused if he is in custody prosecution for the same offense
or the cancellation of his bond if UNLESS:
he is on bail. 1. the motion was based on the
ground that the criminal action
3. If the ground upon which the or liability has been
motion to quash was sustained is extinguished, AND
that the court has NO 2. that the accused has been
jurisdiction over the offense, the previously convicted or in
better practice is for the court jeopardy of being convicted or
to remand or forward the case to acquitted of the offense
the proper court, not to quash charged.
the complaint or information.
Section 7. Former conviction or
The prosecution may elevate to the acquittal; double jeopardy.
Higher Courts an order granting a motion
to quash. Double Jeopardy means that when a
person is charged with an offense and
PROCEDURE IF MOTION TO QUASH IS the case is terminated either by
DENIED acquittal or conviction or in any other
1. accused should plead; manner without the consent of the
2. accused should go to trial accused, the latter cannot again be
without prejudice to the special charged with the same or identical
defenses he invoked in the offense.
motion;
3. appeal from the judgment of REQUISITES FOR DOUBLE JEOPARDY
conviction, if any, and interpose UNDER SECTION 7
the denial of the motion as an It is necessary that in the first case that-
error. 1. the complaint or information or
other formal charge was
An order denying a motion to quash is sufficient in form and substance
INTERLOCUTORY and NOT APPEALABLE. to sustain a conviction;
Appeal in due time, as the proper 2. the court had jurisdiction;
remedy, implies a previous conviction as 3. the accused had been arraigned
a result of a trial on the merits of the and had pleaded; and
case and does not apply to an 4. he was convicted or acquitted or
interlocutory order denying a motion to the case was dismissed without
quash. his express consent;
When all these circumstances are
The denial by the trial court of a motion present, they constitute a BAR to a
to quash CANNOT be the subject of a second prosecution for –
petition for certiorari, prohibition or 1. the same offense, or
mandamus in another court of 2. an attempt to commit the said
coordinate rank. offense, or
The court may impose proper sanctions Section 2. Continuous trial until
and penalties for non-appearance at pre- terminated; postponements.
trial conference by the counsel for the
accused or the prosecutor without CONTINUOUS TRIAL SYSTEM
acceptable excuse. Trial once commenced shall continue
from day to day as far as practicable
The sanctions or penalty may be in the until terminated; but it may be
form of reprimand, fine or postponed for a reasonable period of
imprisonment. Inasmuch as this is similar time for good cause.
to indirect contempt of court, the
penalty for indirect contempt may be LIMITATION OF THE TRIAL PERIOD
imposed. It shall in no case exceed 180 days from
the first day of the trial, except as
PURPOSE otherwise provided by the Supreme
To enforce the mandatory requirement Court.
of pre-trial in criminal cases.
Requisites before a trial can be put-off
The accused is not the one compelled to on account of the absence of a witness:
appear, but only the counsel for the 1. that the witness is material and
accused or the prosecutor. The principal appears to the court to be so
reason why accused is not included in 2. that the party who applies has
the mandatory appearance is the fear been guilty of no neglect
that to include him is to violate his 3. that the witnesses can be had at
constitutional right to remain silent. the time to which the trial is
deferred and incidentally that no
Section 4. Pre-trial order. similar evidence could be
obtained
After the pre-trial, the court issues an 4. that an affidavit showing the
order reciting actions taken, facts existence of the above
stipulated and evidence marked, and circumstances must be filed.
thereafter the trial on the merits will
proceed on matters not disposed of Remedies of accused where a
during the pre-trial. prosecuting officer without good cause
secures postponements of the trial of a
To prevent manifest injustice, however, defendant against his protest beyond a
the pre-trial order may be modified by reasonable period of time:
the court, upon its own initiative or at 1. mandamus to compel a dismissal
the instance of any party. of the information
2. if he is restrained of his liberty,
by habeas corpus to obtain his
RULE 119 freedom.
TRIAL
The SC adopted the continuous trial
Section 1. Time to prepare for trial. system as a mode of judicial fact-finding
and adjudication conducted with speed
Trial - the examination before a and dispatch so that trials are held on
competent tribunal according to the laws the scheduled dates without
of the land, of the facts put in issue in a postponement, the factual issues for
case for the purpose of determining such trial well-defined at pre-trial and the
issue. whole proceedings terminated and ready
for judgment within 90 days from the
Where the order of the trial set forth complies or is legally discharged after his
under this section was not followed by testimony has been taken.
the court to the extent of denying the
prosecution an opportunity to present its Section 15. Examination of witness for
evidence, the judgment is a nullity. the prosecution.
(People vs. Balisacan)
The conditional examination of
Section 12. Application for examination prosecution witnesses shall be conducted
of witness for accused before trial. before the judge or the court where the
case is pending and in the presence of
Accused may have his witness examined the accused, unless he waived his right
conditionally in his behalf BEFORE trial after reasonable notice. The accused
upon motion with notice to all other will have the right to cross-examine such
parties. prosecution witness, hence such
The motion must state: statements of the prosecution witnesses
1. name and residence of witness may thereafter be admissible in behalf
2. substance of testimony of or against the accused (Regalado, p.
3. witness is so sick to afford 460).
reasonable ground to believe
that he will not be able to Section 16. Trial of several accused
attend the trial or resides more
that 100 km and has no means to GENERAL RULE:
attend the same, or other similar When two or more persons are jointly
circumstances exist that would charged with an offense, they shall be
make him unavailable or prevent tried jointly. This rule is so designed as
him from attending trial. to preclude a wasteful expenditure of
judicial resources and to promote an
Section 13. Examination of defense orderly and expeditious disposition of
witness; how made. criminal prosecutions.
EXCEPTION:
If the court is satisfied that the The court, upon motion of the fiscal or
examination of witness is necessary as of any of the defendants, may order a
provided in SECTION 4, order shall be separate trial for one or more accused.
made and a copy served on the fiscal. The granting of a separate trial when
two or more defendants are jointly
The examination shall be taken before charged with an offense is purely
any judge or if not practicable any discretionary with the trial court.
member of the Bar in good standing
designated by the trial court, or by a The motion for separate trial must be filed
lower court designated by a court of BEFORE the commencement of the trial
superior jurisdiction which issue the and cannot be raised for the first time on
order. appeal. If a separate trial is granted, the
testimony of one accused imputing the
Section 14. Bail to secure appearance crime to his co-accused is not admissible
of material witness. against the latter. In joint trial, it would be
admissible if the latter had the opportunity
If the court is satisfied, upon proof or for cross-examination.
oath, that a material witness will not
testify when so required, it may on Section 17. Discharge of accused to be
motion of either party order the witness state witness.
to post bail in such sum as may be
deemed proper. Should the witness Motion to discharge should be made by
refuse to post such bail as required, the the prosecution BEFORE resting its case.
court may commit him to prison until he REQUISITES FOR DISCHARGE
1. absolute necessity for the therefrom, the court should dismiss the
testimony action and order the filing of a new
2. no other direct evidence information charging the proper offense.
available for the prosecution
3. testimony can be substantially This rule is predicated on the fact that
corroborated in its material an accused person has the right to be
points informed of the nature and cause of the
4. accused not the most guilty accusation against him, and to convict
5. accused has never been him of an offense different from that
convicted of an offense involving charged in the complaint or information
moral turpitude would be an unauthorized denial of that
right. (U.S. vs. Campo, 23 Phil. 369)
Absence of any of the requisites for the
discharge of a particeps criminis is a Section 20. Appointment of acting
ground for objection to the motion for prosecutor.
his discharge, BUT such objection must See Section 5, Rule 110.
be raised BEFORE the discharge is
ordered. Section 21. Exclusion of the public.
that the evidence fails to show beyond or ingredients of the offense charged
reasonable doubt that the accused is constitute the offense proved, or when
guilty. the essential elements or ingredients of
the offense charged constitute or form
It is well-settled that acquittal, in a part of those constituting the offense
criminal case is immediately final and proved, then one offense is included in
executory upon its promulgation, and the other.
that accordingly, the State may not seek
its review without placing the accused in Section 6. Promulgation of judgment.
double jeopardy. (Barbers vs. Laguio,
Jr., 351 SCRA 606) Promulgation of judgment - official
proclamation or announcement of
An acquittal of an accused based on judgment. It consists of reading the
reasonable doubt DOES NOT bar the judgment or sentence in the presence of
offended party from filing a separate the accused and any judge of the court
civil action based on other sources of rendering the judgment.
obligation.
RULES ON THE VALIDITY OF
Section 3. Judgment for two or more PROMULGATION OF JUDGMENT:
offenses. 1. The judgment must have been
rendered and promulgated
When two or more offenses charged in during the incumbency of the
the complaint or information, and the judge who signed it.
accused fails to object to it before trial, 2. The presence of counsel during
the court may convict the accused of as the promulgation of judgment is
many offenses as charged and proved. not necessary.
The prosecutor cannot ask for the Section 1. New trial or reconsideration.
modification or setting aside of a
judgment of conviction because the rules New trial - the rehearing of a case
clearly provide that a judgment of already decided but before the judgment
conviction may be modified or set aside of conviction therein rendered has
by the court rendering upon motion of become final, whereby errors of law or
the accused. irregularities are expunged from the
record or new evidence is introduced, or
The trial court can validly amend the both steps are taken.
civil portion of its decision within 15
days from promulgation thereof even A motion for new trial or reconsideration
though the appeal had in the meantime should be filed with the trial court
already been perfected by the accused within 15 days from the promulgation of
from judgment of conviction. the judgment and interrupts the period
for perfecting an appeal from the time
The trial court may lose jurisdiction over of its filing until notice of the order
the judgment even BEFORE the lapse of overruling the motion shall have been
15 days: served upon the accused or his counsel.
1. when the defendant voluntarily A motion for the reconsideration of the
submits to the execution of the judgment may be filed in order to
judgment; correct errors of law or fact in the
2. when the defendant perfects his judgment. It does not require any
appeal; further proceeding.
3. when the accused withdraws his
appeal; A new trial be granted at any time
4. when the accused expressly before the judgment of conviction
waives in writing his right to becomes final:
appeal; 1. on motion of the accused
5. when the accused files a petition 2. on motion of the court but with the
for probation. consent of the accused
Section 2. Grounds for new trial. The principle underlying this rule is to
afford the trial court the opportunity to
GROUNDS FOR A NEW TRIAL IN correct its own mistakes and to avoid
CRIMINAL CASES: unnecessary appeals from being taken.
1. errors of law or irregularities The grant by the court of
committed during the trial reconsideration should require no further
prejudicial to the substantial proceedings, such as the taking of
rights of the accused. additional proof.
2. new and material evidence
discovered. Section 4. Form of motion and notice
to the prosecutor.
REQUISITES BEFORE A NEW TRIAL MAY
BE GRANTED ON THE GROUND OF Requisites for a motion for new trial or
NEWLY DISCOVERED EVIDENCE: reconsideration: The motion for a new
1. that the evidence was trial or reconsideration shall be:
discovered after trial; 1. in writing
2. that such evidence could not 2. filed with the court
have been discovered and 3. State grounds on which it is
produced at the trial even with based
the exercise of reasonable 4. If the motion for new trial is
diligence; based on a newly discovered
3. that it is material not merely evidence, it must be supported
cumulative, corroborative or by the affidavits of the witness
impeaching; and by whom such evidence is
4. the evidence is of such a weight expected to be given, or duly
that it would probably change authenticated copies of
the judgment if admitted. documents which it is proposed
to introduce in evidence.
5. Notice of the motion for new 3. In all cases, when the court grants
trial or reconsideration shall be new trial or reconsideration, the
given to the fiscal. original judgment shall be set aside
and a new judgment rendered
While the rule requires that an affidavit accordingly.
of merits be attached to support a
motion for new trial based on newly The effect of the granting of a new trial
discovered evidence, yet the defect of is not to acquit the accused of the crime
lack of it may be cured by testimony of which the judgment finds him guilty,
under oath of the defendant at the but precisely to set aside said judgment
hearing of the motion. (Paredes vs. so that the case may be tried de novo as
Borja, 3 SCRA 495) if no trial had been before.
Section 6. Effects of granting a new Any party may appeal from a judgment
trial or reconsideration. or final order, UNLESS the accused will
be placed in double jeopardy.
EFFECTS OF GRANTING A NEW TRIAL
OR RECONSIDERATION Appeal - a proceeding for review by
1. when a new trial is granted on the which the whole case is transferred to
ground of errors of law or the higher court for a final
irregularities committed during the determination
trial, all proceedings and evidence
not affected by the commission of Appeal is not an inherent right of
such errors and irregularities shall convicted person. The right of appeal is
stand, BUT those affected thereby and always has been statutory.
shall be set aside and taken anew.
The court may, in the interest of Only final judgments and orders are
justice, allow the introduction of appealable.
additional evidence.
2. When a new trial is granted on the EFFECT OF AN APPEAL
ground of newly discovered An appeal in a criminal case opens the
evidence, the evidence already whole case for review and this includes
taken shall stand, and the newly the review of the penalty, indemnity,
discovered and such other evidence and the damages involved.
as the court may, in the interest of Consequently, on appeal, the appellate
justice, allow to be introduced, shall court may increase the penalty,
be taken and considered together indemnity, or the damages awarded by
with the evidence already in the the trial court, although the offended
record. party had not appealed from said award,
and the party who sought a review of the 2. Appeal to the Court of Appeals
decision was the accused. from decision of the Regional
Trial Court in the exercise of its
Final judgment Final Order original jurisdiction: by filing a
a judgment which disposes of the whole notice of appeal with the court
would become final subject matter or which rendered the judgment or
if no appeal is taken terminates a order appealed from and serving
particular issue a copy to the adverse party
leaving nothing to be 3. Appeal to the Court of Appeals in
done but to enforce cases decided by Regional Trial
by execution what Court in the exercise of its
has been determined appellate jurisdiction: by
petition for review
From a judgment convicting the accused, 4. Appeal to the Court of Appeals in
two appeals may accordingly be taken: cases where penalty imposed is
1. The accused may seek a review life imprisonment or where a
of said judgment, as regards lesser penalty is imposed but
both actions; or involving offenses committed on
2. The complainant may appeal the same occasion or arising out
with respect only to the civil of the same occurrence that
action, either because the lower gave rise to the more serious
court has refused or failed to offense for which the penalty of
award damages, or because the death or life imprisonment is
award made is unsatisfactory to imposed: by filing a notice of
him. appeal with the Court of
Appeals.
GENERAL RULE: A private prosecutor in 5. Death penalty: automatic review
a criminal case has NO authority to act by the Court of Appeals. (A.M.
for the People of the Philippines before No. 00-5-03-SC, October 15,
a court on appeal. It is the government’s 2004)
counsel, the Solicitor General, who 6. Other appeals to the Supreme
appears in criminal cases or their Court: by petition for review on
incidents before the Supreme Court. At certiorari.
the very least, the Provincial Fiscal
himself, with the conformity of the Error of Judgment Error of
Solicitor General. Jurisdiction
EXCEPTION: The civil award in a the court may renders an order of
criminal case may be appealed by the commit in the judgment void or
private prosecutor on behalf of the exercise of voidable
offended party or his successors. jurisdiction
reviewable by appeal reviewable by
Section 2. Where to appeal. certiorari
Section 8. Dismissal of appeal for If the Court of Appeals chose not to hear
abandonment or failure to prosecute. the case, the Justices composing the
division may just deliberate on the case,
GROUNDS FOR DISMISSAL OF APPEALS evaluate the recorded evidence on hand
1. Failure on the part of the and then decide it.
appellant to file brief within the
reglementary period, except Section 10. Judgment not to be
when he is represented by a reversed or modified except for
counsel de oficio; substantial error.
2. Escape of the appellant from
prison or confinement; GENERAL RULE:
3. When the appellant jumps bail; The findings of the judge who tried the
and case and heard the witnesses are not
4. Flight of the appellant to a disturbed on appeal.
foreign country during the EXCEPTION:
pendency of the appeal. When it is shown that the trial court has
overlooked certain facts of substance
DISMISSAL OF APPEAL; NEED OF NOTICE and value that, if considered, might
TO APPELLANT affect the result of the case. (People vs.
The Court of Appeals may dismiss motu Cabiling, 74 SCRA 285)
propio or on motion by appellee an
appeal for failure on the part of the The reversal of judgments entered in the
appellant to file his brief on time, BUT it court below is prohibited, EXCEPT for
must have a notice served upon the prejudicial error – that which tends to
appellant of the action to be taken by prejudice a substantial right of a party
said court before dismissing motu propio to the proceedings.
the appeal.
Section 11. Scope of Judgment.
Effect of Escape of Accused; The appeal confers upon the appellate
Abandonment of Appeals court full jurisdiction and renders it
1. If the convict escapes from competent to examine the records,
prison or confinement or refuses revise the judgment appealed from,
to surrender to the proper increase the penalty and cite the proper
authorities, jumps bail or flees provision of the law.
to a foreign country he is
deemed to have abandoned his An invocation of the constitutional
appeal AND the judgment of the immunity from double jeopardy will not
court below becomes final. lie in case of appeal by the accused. The
2. In that case, the accused cannot reason being that when the accused
be afforded the right to appeal appeals from the sentence of the trial
UNLESS (a) he voluntarily court, he waives the constitutional
submits to the jurisdiction of the safeguard against double jeopardy and
court or (b) is otherwise arrested throws the whole case open to the
within 15 days from notice of the review of the appellate court.
judgment against him.
Section 12. Power to receive evidence.
Section 9. Prompt disposition of cases.
PURPOSE
It is discretionary for the appellate court To speed up the disposition of court
whether to order a hearing of the case cases.
before it or decide the appeal solely on
the evidence submitted to the trial
court.
Section 13. Quorum of the court; New questions CANNOT be presented for
certtification or appeal of case to the the first time on a motion for rehearing,
SC. especially where they are inconsistent
with positions taken on the original
a. Whenever the Court of hearing, or waived on the original
Appeals finds that the submission of the case.
penalty of death should be
imposed, the court shall A second motion for rehearing or
render judgment bur reconsideration of a final judgment or
REFRAIN from making an order is NOT allowed because if parties
entry of judgment and are allowed to file as many motions for
forthwith certify the case rehearing or reconsideration as their
and elevate its entire record discretion or caprice suits, the
to the SC for review. proceedings would become
b. In cases where the Court of undeterminable and unnecessarily
Appeals imposes reclusion voluminous.
perpetua, life imprisonment
or a lesser penalty, it shall The MITTIMUS is the final process of
render and enter judgment carrying into effect the decision of the
imposing such penalty. The appellate court and the transmittal
judgment may be appealed thereof to the court of origin is
to the SC by notice of appeal predicated upon the finality of the
filed with the Court of judgment. It shall be stayed during the
Appeals. (A.M. No. 00-5-03- pendency of the motion for rehearing or
SC, Oct. 15, 2004) reconsideration.
Section 14. Motion for new trial. A motion for reconsideration of its
judgment or final resolution shall be
Motion for new trial based on Newly resolved by the Court of Appeals within
Discovered Evidence may be filed at any 90 days from the time it is submitted for
time AFTER the appeal from the lower resolution, and no 2nd motion for
court has been perfected AND BEFORE reconsideration for the same party shall
the judgment of the appellate court be entertained.
convicting the accused becomes final.
The only-one-motion-for-reconsideration
Once an appeal is perfected, the trial rule does not apply where the first
court steps out and the appellate court motion for reconsideration resulted in a
steps in. A motion for new trial must reversal or substantial modification of
then be filed with the appellate court, the original decision or final resolution.
not with the court from whose judgment The party adversely affected thereby
the appeal is taken. may file a motion for reconsideration.
The copy of the entry serves as the Cases involving both questions of law and
formal notice to the court from which fact come within the jurisdiction of the
the appeal was taken of the disposition Court of Appeals.
of the case in the appellate court, so
that the judgment may be executed Appeal to the SC is NOT A MATTER OF
and/or placed or noted in the proper RIGHT, but a matter of sound judicial
file. discretion. The prescribed mode of
appeal is by certiorari.
Sec. 18. Application of certain rules in
civil to criminal cases. Section 2. Review of decisions of the
Court of Appeals.
The corresponding amendment was made
pursuant to the changes introduced GENERAL RULE: Findings of fact in the
under the 1997 Rules of Procedure. CA is conclusive upon the SC
EXCEPTIONS:
Rule 47 (Annulment of Judgments of 1. when the conclusion is a finding
Final Judgment and Resolutions) DOES grounded entirely on
NOT APPLY TO CRIMINAL CASES. The speculation, surmises or
appropriate remedy for lack of conjectures
jurisdiction or extrinsic fraud is 2. when the inference made is
CERTIORARI (Rule 65) or HABEAS manifestly absurd, mistaken or
CORPUS (Rule 102). impossible
3. when there is grave abuse of
discretion in the appreciation of
RULE 125 facts
PROCEDURE IN THE SUPREME COURT 4. when the judgment is
premised on a misapprehension
Section 1. Uniform Procedure. of facts
The procedure in the Supreme Court in 5. when the findings of fact are
original, as well as in appealed cases, is conflicting
the same as in the Court of appeals, 6. when the Court of Appeals in
EXCEPT when otherwise provided by the making its findings went beyond
Constitution or the law. the issues of the case and the
same is contrary to the
A case may reach the Supreme Court in admissions of both appellant and
the following manner: appellee
1. automatic review 7. when certain material facts
2. ordinary appeal and circumstances had been
3. petitioner for review on overlooked which, if taken into
certiorari account would after the result as
it would give rise to reasonable
doubt to acquit the accused.
7. it must not have been issued proceeding (Section 2, Article III, 1987
more than 10 days prior to the Constitution).
search made pursuant thereto.
When may a search warrant be said to
A search warrant shall not issue but upon particularly describe the thing to be
probable cause in connection with one seized:
specific offense. 1. the description therein is as
specific as the circumstances
Party who may question validity of will allow;
search and seizure: 2. when it expresses a conclusion of
Well settled is the rule that the legality fact by which the warrant may
of a seizure can be contested only by the be guided; or
party whose rights have been impaired 3. when the things described are
thereby, and that the objection to an limited to those which bear a
unlawful search and seizure is purely direct relation to the offense for
personal and cannot be availed of by which the warrant is issued.
third parties.
PROBABLE CAUSE - facts and
REMEDIES FROM AN UNLAWFUL SEARCH circumstances which could lead a
1. a motion to quash the search reasonable, discreet and prudent man to
warrant, and believe that the property subject of an
2. a motion to suppress as evidence offense is in the place sought to be
the objects illegally taken. searched.
(EXCLUSIONARY RULE – any
evidence obtained through ”MULTI FACTOR BALANCING TEST” in
unreasonable searches and determining Probable Cause:
seizures shall be inadmissible for One which requires the officer to weigh
any purpose in any proceeding) the manner and intensity of the
3. Replevin, if the objects are interference on the right of the people,
legally possessed. the gravity of the crime committed, and
the circumstances attending the
The remedies are alternative; if a incident.
motion to quash is denied, a motion to
suppress cannot be availed of Section 5. Examination of complainant;
subsequently. record.
Where the search warrant is a PATENT Manner on how a judge should examine a
NULLITY, certiorari lies to nullify the witness to determine the existence of
same. probable cause:
The illegality of the search warrant does 1. the judge must examine the
not call for the return of the things witnesses personally
seized, the possession of which is 2. the examination must be under
prohibited by law. HOWEVER, those oath
personalities seized in violation of the 3. the examination must be
constitutional immunity whose reduced to writing in the form of
possession is not of itself illegal or searching questions and answers
unlawful ought to be returned to their
rightful owner or possessor. Such personal examination is necessary
in order to enable the judge to
Any evidence obtained in violation of the determine the existence or non-
constitutional immunity against existence of a probable cause.
unreasonable searches and seizures are
inadmissible for any purpose in any
Search and seizure of vessels and aircraft Filing of motion to quash is without
may validly be made without a search prejudice to any proper recourse to the
warrant because the vessel or aircraft appropriate higher court by the party
can quickly move out of the jurisdiction aggrieved.
before such warrant could be secured.
Where the civil action arising from a Attachment may be availed of ONLY
criminal offense is suspended by the when the civil action arising from the
filing of the criminal action, the court crime has not been expressly waived or
wherein said civil case is pending can not reserved and only in the following
issue the aforesaid auxiliary writs since cases:
such orders do not involve a a. when the accused is about to
determination of the merits of the case. abscond from the Philippines;
(Babala vs. Abaño, 90 Phil. 827) b. when the criminal action is based on
a claim for money or property
Kinds of provisional remedies embezzled or fraudulently
1. attachment misapplied or converted to the use
2. injunction of the accused who is a public
3. receivers officer or a corporate officer or an
4. delivery of personal property attorney, broker, or agent or clerk in
5. support pendente lite the course of employment or by a
person in a fiduciary capacity;
Section 2. Attachment c. when the accused has concealed,
removed or about to dispose of his
Who may apply for preliminary property;
attachment d. when the accused resides abroad.
-VERSUS-
CRIM. CASE NO. ___________
INFORMATION2
That on or about December 5, 2004 4, in Batute, Manila5, Philippines, within the jurisdiction
of this court, the said accused did, then and there, with malice aforethought and with
deliberate intent to take the life of RENEE JOI ZABALA 6, willfully, unlawfully, feloniously,
suddenly, unexpectedly, and treacherously attack the latter with a metal fork, first
wounding her in the back, and afterwards, when enfeebled and unable to defend herself,
again stabbed her in the neck, both wounds being necessarily mortal 7, thereby causing the
direct and immediate death of said RENEE JOI ZABALA.
CONTRARY TO LAW.
(City/Provincial Fiscal)8