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REVIEWER ON

CRIMINAL PROCEDURE

Under Prof. Chrysilla Bautista

D2019

REVIEWER POOL

RUTH MELICOR
Pool Head
Introduction, Jurisdiction, Police Investigation, Search & Seizure, Arrest

AIMEE TAN
Preliminary Investigation, Venue, Complaint and Information, Civl Aspect

MIKE NATIVIDAD
Compilation and Formatting
Bail, Arraignment and Plea, Quashal

NATASHA FRANCIA
Preliminary Conference and Pre-Trial, Trial

KYLE SUBIDO
Judgment, New Trial and Reconsideration, Appeal, Post Conviction Review

D2019

INTRODUCTION sion based on two affidavits which were not even


submitted as evidence, without giving petitioner
opportunity to cross-examine.
Concept of Criminal Procedure
Criminal Procedure is a “generic term to describe the Court:
network of laws and rules which governs the pro- There has been an undue precipitancy in the conduct
cedural administration of justice” (Black’s Law Dic- of the proceedings, which violated the right to due
tionary) process and fair trial.

It treats the rules and processes by which criminal laws Requirements of due process in criminal proceedings:
are enforced and by which the State prosecutes that the court or tribunal trying the case is properly
persons who violate such laws. clothed with judicial power to hear and determine
the matter before it
Procedural law, as applied to criminal law, provides or that jurisdiction is lawfully acquired by it over the per-
regulates the steps by which one who committed a son of the accused
crime is to be punished. that the accused is given opportunity to be heard
judgement is rendered only upon lawful hearing
Criminal procedure lays down the processes by which
an offender is made to answer for the crime he There can be no shortcut to the legal process, and
committed. there can be no excuse for not affording an ac-
cused his full day in court.
Ultimate Goal of Criminal Procedure
Harmonising the governmental functions of maintaining CASE REMANDED
peace and order and protecting the constitutional
rights of its citizens.
PEOPLE VS. MARIANO
The Adversarial/Accusatorial System
System of procedure is our jurisdiction is accusatorial Facts:
or adversarial. Where two contending parties come Mariano was accused as estafa, for allegedly using US
before the court which hears them impartially and excess property of electric and power cables for
renders judgement only after trial. personal reasons, while he was a Liaison Officer.
He challenged the jurisdiction of the civil court stat-
Court shall consider no evidence which has not been ing that Mayor Nolasco has already been found
formally offered. (passive role) guilty of malversation before the Military Commis-
sion over the same items.Respondent Judge grant-
ed such motion, claiming that his court exercises
It is not inquisitorial, where judge is permitted to act as concurrent jurisdiction w/ Military Commission, but
inquisitor, utilise evidence gathered outside court, lose jurisdiction due to the latter taking cognizance
and supervise the gathering of the evidence. (active over it.
role)
Court:
Liberal Interpretation of the Rules Jurisdiction is the power and capacity given by the law
Rules on criminal procedure shall be “liberally con- to a court or tribunal to entertain, hear, and deter-
strued in order to promote their objective of secur- mine certain controversies.
ing a just, speedy, and inexpensive disposition of
every action and proceeding.” (Sec 6, Rule 1, ROC)
Jurisdiction is the authority to hear and determine a
cause - the right to act in a case. It is the right to put
Rules of procedure are tools to facilitate attainment or the wheels of justice into motion and proceed with a
justice, thus rigid application which result to techni- final determination of a cause upon pleadings and
calities tending to frustrate substantial justice must evidence.
be avoided.
Criminal Jurisdiction is the authority to hear and try a
General Considerations particular offense and impose punishment for it.

ALONTE VS. SAVELLANO Conferment of jurisdiction is derived exclusively from


the constitution and statutes. Settled rule is that the
Facts: jurisdiction of a court is determined by the statute in
force at the time of the commencement of the ac-
Petitioner, Mayor of Binan Laguna, was accused of tion. Judiciary Act of 1948 was not affected by Pres-
raping a child in his guest house. He allegedly gave idential issuances of Martial Law.
her water which made her dizzy then performed the
act. In the course of the trial, complainant issued an
affidavit of desistance. The evidence presented to Estafa and malversation are two separate offenses.
the judge revolved around the voluntariness and The tribunals are not vested with concurrent juris-
validity of said affidavit. Judge deemed the case diction. Estafa falls within the sole exclusive juris-
“submitted for decision,” and eventually convicted diction of the civil courts.
petitioner.
CASE REMANDED
Petitioner claims that the decision was rendered with-
out affording due process. Judge rendered a deci-

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ANTIPORDA VS. GACHITORENA


Authority to hear and try a particular offense and im-
Facts: pose the punishment for it. Offense is one which the
court is by law, authorized to take cognizance of.
Petitioners were charged with the crime of kidnapping (Antiporda Jr. vs. Garchitorena)
Elmer Ramos. However the original information
submitted to the Sandiganbayan did not allege that
one of the petitioners took advantage of his position It is law that confers such jurisdiction. It cannot be pre-
as mayor to commit crime. Prosecution complied sumed. (Law at the time of commencement of ac-
with Sandiganbayan’s Order to amend information. tion, not at the time of commission of the offense).
Accused filed motion to quash.
However, it is the allegations in the complaint or infor-
W/N Sandiganabayan which had no jurisdiction over mation that determines jurisdiction over the criminal
the offense charged in the original information, sub- case. Jurisdiction is not determined by the penalty
sequently acquire such information by the simple actually imposed after trial, but by the penalty im-
expediency of amending the information to supply posable by law on the offense.
jurisdictional facts for the first time.

W/N amended information be allowed without conduct- Principle of Adherence


ing anew a preliminary investigation Once a court has acquired jurisdiction, that jurisdiction
continues until the court has done all that it can do
Court: in the exercise of that jurisdiction.
Three requisites for a court to acquire jurisdiction to try
a criminal case: Ex: RTC acquired jurisdiction over offense of frustrated
the offense is one which the court is by law authorized homicide, but evidence during trial points to less
to take cognizance of serious physical injuries, cognizable by the MTC,
the RTC does not lose its jurisdiction over offense
the offense must have been committed within its territo- charged.
rial jurisdiction
the person charged with the offense must have been to
its forum for trial, forcibly by warrant of arrest or
upon his voluntary submission to the court. Objections of Jurisdictional Grounds
Objection based on the ground that the court lacks
jurisdiction over the subject matter may be raised or
Sandiganbayan had territorial jurisdiction over the considered motu propio by the court at any stage of
case. the proceedings or on appeal

Sandiganbayan had jurisdiction over person, since Right to raise the issue of jurisdiction has limitations.
filing of motion to quash was tantamount to volun- Cannot invoke jurisdiction of the court to secure
tary submission to the court’s jurisdiction. affirmative relief against opponent, and after obtain-
ing of failing to obtain such relief, repudiate or ques-
No jurisdiction over offense, due to original information, tion that same jurisdiction.
however petitioners are estopped from assailing
jurisdiction for they challenged RTC jurisdiction in Party may be estopped from questioning jurisdiction of
same case, stating it was work connected. the court for reasons of public policy, as when he
(Cannot invoke jurisdiction of court to secure affirma- initially invokes the jurisdiction of the court, and
tive relief, and later repudiate or question that same then later on repudiates that same jurisdiction
jurisdiction.)
JURISDICTION OVER TERRITORY
Sandiganbayan has jurisdiction due to estoppel. Rein- A court is bereft of jurisdiction to try an offense commit-
vestigation is not necessary anymore, since there is ted outside its limited territory. Place where the
no showing that accused would be unduly preju- crime was committed determined not only venue of
diced. the action, but is also an essential element of juris-
diction.
PETITION DISMISSED
For jurisdiction to be acquired, the offense should have
Requisites for the Exercise of Criminal been committed or any of tis essential ingredients
should have taken place in the territorial jurisdiction
Jurisdiction* of said court.
Jurisdiction over subject matter
Jurisdiction over territory JURISDICTION OVER THE PERSON OF THE
Jurisdiction over the person of the accused ACCUSED
Refers to the authority of the court over the person
*basic requisites before court can acquire jurisdiction charged.
over a particular case
Jurisdiction acquired by: (1) voluntary submission to
the court or (2) arrest of the accused, with or with-
JURISDICTION OVER SUBJECT MATTER out warrant.
Refers to the authority of the court to hear and deter-
mine a particular criminal case. (Jurisdiction over As a rule, one who seeks affirmative relief is deemed to
the offense charged) have submitted to the jurisdiction of the court. Same

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effect if he actively participates in trial and presents harassment, and that the second offense charged
evidence. was based on the same act.
Exception: If a motion to quash is filed questioning the
jurisdiction of the court over the person. Court
GR: Criminal Prosecution may not be restrained or
Custody of the law is not necessarily being under juris- stayed by injunction.
diction of the court. One can be under custody of Exceptions:
the law, but not yet subject to the jurisdiction of the to afford adequate protection of the constitutional rights
court. The former is literally custody of the body and of the accused
restraint upon person.
when necessary for the orderly administration of justice
or to avoid oppression or multiplicity of actions.
Injunctions of Criminal Proceedings when there is a pre-judicial question which is sub-ju-
dice
HERNANDEZ VS. ALBANO when the acts of the officer are without or in excess of
authority
Facts: when the prosecution is under an invalid law, ordi-
nance, or regulation
Petitioner Hernandez (Sec. of Finance and Presiding
Officer of the Monetary Board of the Central Bank) when double jeopardy is clearly apparent
was accused by respondent of using his position to when the court has no jurisdiction over the offense
obtain dollar allocations from the Central Bank for when it is a case or persecution rather than prosecution
corporations he had an interest in. Petitioner sought where the charges are manifestly false and motivated
dismissal of the charges claiming that such viola- by the lust for vengeance
tions should be prosecuted at the domicile of the
private enterprises (Bicol and Nueva Caceras.) De- when there is clearly no prima facie evidence against
nied. Thus, petitioner filed for an injunction to re- the accused and a motion to quash on the ground
strain fiscals of Manila from investigating. has been denied
W/N prosecuting arm of City of Manila should be re- preliminary injunction has been issued by the SC to
strained from preceding with the investigation of the prevent the threatened unlawful arrest
charges levelled against petitioner.
In the present case, criminal proceedings have taken
Court: the form of persecution, undertaken in bad faith.
The Preventive Dentition Action, was issued on
By statute, the prosecuting officers are empowered to January, but was invoked on February upon service
investigate crimes within the city’s territorial jurisdic- of release order. Under guidelines, it should have
tion. been invoked within 24 hours in Metro Manila, or 48
hours otherwise.
Ordinarily criminal prosecution may not be blocked by a
court prohibition or injunction, since administration Hasty filing of the second offense betray the respon-
of justice might meet undue setbacks. However, dent’s bad faith and malicious intent to pursue crim-
extreme cases do exist where relief in equity may inal charges against petitioner.
be availed of to stop a purported enforcement of a
criminal law where it is necessary:
for the orderly administration of justice PETITION GRANTED
to prevent the use of the strong arm of the law in an
oppressive and vindictive manner
to avoid multiplicity of actions DEFENSOR-SANTIAGO VS. VASQUEZ
to afford adequate protection to constitutional rights
when the statute relied upon is unconstitutional or held Facts:
invalid. Petitioner was accused of approving application for
legalisation of aliens, receiving money, gifts, and
other valuable things, and imputing defamatory
Although property rights to shares of stock may only be statements against employee. She seeks to enjoin
in enforced in the corporation’s domicile, the
charges are not directed against the corporations. the Sandiganbayan and RTC of Manila from pro-
Petitioner was clearly in Manila when he used his ceeding with 3 criminal cases, claiming that these
position to aid his financial interests. were meant to harass her as a presidential candi-
date. (politically motivated)
Court:
PETITION DISMISSED
Long standing doctrine that writs of injunction or prohi-
bition will not lie to restrain a criminal prosecution
for the reason that public interest requires that crim-
BROCKA VS. ENRILE inal acts be immediately investigated and prosecut-
ed for the protection of society.
Facts:
Petitioners were charged with illegal assembly follow- This case does not fall under any of the exceptions.
ing a violent dispersal of a demonstration held in Nothing to show that it was filed in a vindictive
sympathy of a jeepney strike. Despite service of the manner to oppress, harass, or discriminate her.
order of release, petitioners remained in detention, Neither were her constitutional rights violated. Her
due to preventive detention action, and subse- explanation, as to the charges, are best heard dur-
quently charged with inciting to sedition. Petition ing trial.
was filed to enjoin the Quezon fiscal from investi-
gating said charge, due to the manifest bad faith/ PETITION DISMISSED

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Mandamus to Compel Prosecution


Public prosecutor exercises a wide latitude of discretion
in determining whether a criminal case shall be filed
in court, and the courts must respect the exercise of
such discretion. Mandamus is not available to con-
trol discretion.

However, the moment he finds one to be so liable, it is


his duty to charge and prosecute. In such a situa-
tion, the rule loses its discretionary character and
becomes mandatory.

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JURISDICTION copies for the court’s files. This requirement has to


be complied with within five (5) days from the filing
of the case, otherwise the same may be dismissed.
(Sec 11, Rev Rules on Summary Procedure)
Jurisdiction of Criminal Courts
The affidavits required to be submitted shall state only
CRIMINAL JURISDICTION OF THE MUNICIPAL TRIAL facts of direct personal knowledge of the affiants.
COURT, MUNICIPAL CIRCUIT TRIAL COURT, AND The affidavit shall also show the competence of the
affiants to testify to the matters stated therein. A
METROPOLITAN TRIAL COURT violation of this requirement is a ground for discipli-
Except in cases falling within the exclusive original ju- nary action against the party or counsel who sub-
risdiction of the RTC and of the Sandiganbayan, the mits the affidavit. It is also a ground for the inadmis-
MTC shall exercise the following criminal jurisdic- sible affidavit or a portion of if to be expunged from
tion: the record. (Sec 20)
1. Exclusive original jurisdiction over all violations of
city or municipal ordinances committed within Should the court find no cause or ground to hold the
their respective territorial jurisdiction. (Sec accused for trial, it shall order a dismissal of the
32(1), BP 129) case. If there is a ground to hold the accused for
2. Exclusive original jurisdiction over all offense pun- trial, the court shall set the case for arraignment
ishable with imprisonment not exceeding six (6) and trial. (Sec 13)
years irrespective of the amount of fine, and
regardless of other imposable or accessory If the accused is in custody for the crime charged, he
penalties, including civil liability arising from shall immediately be arraigned. If he enters a plea
such offenses irrespective of kind, nature, val- of guilty, he shall forthwith be sentenced. (Sec 13)
ue, or amount.
3. Exclusive original jurisdiction over offenses involv-
ing damage to property through criminal negli- Before conducting the trial, the court shall call the par-
gence (Sec 32 (2), BP 129) ties to a preliminary conference during which the
following may be done:
4. Violations of BP 22 (Bouncing Checks Law), which
as per A.M. No. 00-11-01-SC, shall be governed 1. Entering into a stipulation of facts
by the rules on summary procedure. 2. Considering the propriety of allowing the accused
5. Summary procedure in certain cases to enter a plea of guilty to a lesser offense; or
6. Special jurisdiction to decide on application for bail 3. Taking up such other matters to clarify the issues
in criminal cases in the absence of all RTC and to ensure a speedy disposition of the case.
judges in a province or city. (Sec 35, BP 129) (Sec 14)

Summary Procedure in Criminal Cases (MTC) If the accused refuses to stipulate or fails to do so,
such refusal or failure shall not prejudice the ac-
The Metropolitan Trial Courts, the Municipal Trial cused.
Courts in Cities, the Municipal Trial Courts and the
Municipal Circuit Trial Courts shall have jurisdiction
over cases falling under summary procedure com- Also any admission of the accused made during the
mitted within their jurisdiction. (Sec 1, Rev. Rules on preliminary conference must be reduced to writing
Summary Procedure) and signed by the accused and his counsel. If this
requirement is not met, such admission shall not be
used against him. (Sec 14)
The following cases are subject to summary procedure:
1. Violations of traffic laws, rules, and regulations
During the trial, an actual direct examination of the wit-
2. Violations of the rental law nesses is not required because the affidavits sub-
3. B.P. 22 cases mitted by the parties shall constitute their direct
4. Violations of Municipal or City Ordinances testimonies. The witnesses, however, may be sub-
5. All other criminal cases where the penalty pre- jected to cross-examination.
scribed by law for the offense charged is im-
prisonment not exceeding six (6) months or a Should the affiant fail to testify, his affidavit shall not be
fine not exceeding one thousand pesos, or both, considered as competent evidence for the party
irrespective of other imposable penalties, ac- presenting the affidavit. However, the adverse party
cessory or otherwise, or of the civil liability aris- may utilise the same for any admissible purpose
ing therefrom; (Sec 15)
6. Offenses involving damage to property through
criminal negligence where the imposable fine The court is mandated not to order the arrest of the
does not exceed 10,000 pesos. (Sec 1(b), Rev. accused except where the ground is his failure to
Rules on Summary Procedure) appear when required by court. If he is arrested, he
may be released on bail or on recognizance by a
The filing of criminal cases under summary procedure responsible citizen acceptable to the court. (Sec 16)
may be either by complaint or information. In Metro
Manila and other chartered cities, the filing shall be Where a trial has been conducted, the court shall pro-
by information except when the offense is one mulgate the judgement not later than 30 days after
which cannot be prosecuted de officio. (Sec 11, the termination of the trial (Sec 17)
Revised Rules on Summary Procedure)

The complaint or information shall be accompanied by


the affidavits of the complaint and his witnesses in
such number of copes as there are accused plus 2

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PROHIBITED PLEADINGS, MOTION, AND PETITIONS tions in government, whether in a permanent,


acting or interim capacity at the time of the
1. Motion to quash the complaint or information or commission of the offense:
motion to dismiss the complaint except if the
ground is lack of jurisdiction over the subject A. Officials of the executive branch occupying the
matter or failure to comply with barangay concil- positions of Regional Director and higher,
iation proceedings; otherwise classified as Grade 27 and high-
er, specifically including:
2. Motion for bill of particulars
3. Motion for new trial, or for consideration of a 1. provincial governors, vice-governors,
judgement, or for reopening of trial members of the sangguiniang pan-
lalawigan, and provincial treasurers,
4. Petition for relief from judgement assessors, engineers, and other pro-
5. Motion fro extension of time to file pleadings, affi- vincial department heads;
davits or any other paper; 2. City mayors, vice-mayors, members of the
6. Memoranda sangguiniang panlungsod, city trea-
7. Petition for certiorari, mandamus, or prohibition surer, assessors, engineers, and other
against any interlocutory order issued by the city department heads;
court 3. officials of the diplomatic service occupy-
8. Motion to declare the defendant in default; ing the position of consul and higher
9. Dilatory motions for postponement; 4. Philippine army and air force colonels,
10. Reply naval captains, and all officers if higher
rank
11. Third-party complaints;
5. Officers of the Philippine National Police
12. Interventions (Sec 19) while occupying position of provincial
director and this holding the rank of
Criminal Jurisdiction of the RTC senior superintended or higher
Regional Trial Court shall exercise the following juris- 6. city and provincial prosecutor and their
diction: assistants; and officials and prosecu-
1. Exclusive original jurisdiction in all criminal cases tors in the Office of the Ombudsman
not within the exclusive jurisdiction of any court, and special prosecutor.
tribunal, or body, except those now falling under 7. Presidents, directors, or trustees, or man-
the exclusive and concurrent jurisdiction the the ager of GOCCs, state universities edu-
Sandiganabayan which shall be exclusively cational institutions or foundations.
taken cognizance by the latter (Sec 20, BP 129) B. Members of Congress and officials thereof
2. Original jurisdiction in the issuance of writs of cer- classified as Grade 27 and up
tiorari, prohibition, mandamus, quo warranto, C. Members of the judiciary without prejudice to
habeas corpus, and injunction enforceable in the provisions of the Constitution
any part of their respective regions. (Sec 21, D. Chairmen an Members of the Constitutional
par. 1, BP 129) Commissions, without prejudice to the pro-
3. Appellate jurisdiction over all cases decided by the visions of the Constitution
MTC within its territorial jurisdiction. (Sec 22) E. All other national and local officials classified
4. Special jurisdiction of certain branches to handle as Grade 27.
exclusively criminal cases as may be deter- II. Other offenses or felonies whether simple or com-
mined by the Supreme Court (Sec 23) plexed with other crimes committed by the pub-
5. Jurisdiction over criminal cases under specific laws: lic officials and employees mentioned in sub-
A. Written defamation (Art 360, RPC) section “a” of this section in relation to their of-
B. Jurisdiction of designated special courts over fice
cases in violation of the Comprehensive III. Civil and criminal cases filed pursuant to and in
Dangerous Drugs Act of 2002 (RA 9165, connection with E.O. 1, 2, 14, and 14, and 14-A.
Sec 90)
C. Jurisdiction of designated RTC branches for Offenses subject to jurisdiction of the
violations of Intellectual property rights
(A.M. No. 03-03-03-SC) Sandiganbayan
D. Jurisdiction to try all cases on money launder- (In the meantime, refer to previous section)
ing. However, those committed by public
officers and private persons, who are in Rule on Juvenile in Conflict with the Law
conspiracy with such public officers, shall
be under the jurisdiction of the Sandigan- Juvenile - who at the time of commission of the offense
bayan. (Sec 5, RA 9160) is below 18 years of age but not less than 9 years
of age.

Criminal action may be instituted by filing a complaint


Criminal Jurisdiction of the Sandiganbayan with the prosecutor or the municipal trial court in
Jurisdiction of Sandiganbayan is set by P.D. 1606 cases where preliminary investigation is required.
May also be filed directly with the Family Court (Sec
Sec 4 (paraphrased) 11)

Exclusive Original Jurisdiction in all cases involving: Will be tried in Family Court, or nearest place offense
was committed.
I. Violation of RA 3019 (Anti-Graft and Corrupt Prac-
tices), RA 1379, Chapter II, Sec 2, Titile VII of
Book III or RPC, where one or more of the ac-
cused are officials occupying the following posi-

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Jurisdiction over the Offense Cases


Unlike in estafa, violation of BP 22 does not require
elements of deceit and damage. (1) making, draw-
ALFELOR, SR. VS. INITIA ing, and issuance, of any check to apply to account
or for value; (2) the maker, drawer, or issuer, knows
Facts: at the time of issuance that he does not have suffi-
cient funds; (3) check is subsequently dishonoured
Petitioner and respondent, Funtabella, were congres- by the drawee bank for insufficiency of funds.
sional candidates in the 2nd district of Camrines
Sur in the 1965 elections. Respondent was pro-
claimed winner which led to an electoral protest. Records show that business dealings were done in a
Funtabella, in turn, charged petitioner in the munici- restaurant in Manila, and sums of money was given
pal court of Tigaon with falsification of public docu- there, giving the court jurisdiction over the estafa
ments contained in the ballot box of a precinct in case. However, there is no proof that nay of the
Parubcan, the alleged act having taken place in essential elements of BP 22 violation was done in
another municipality, Iriga. Petitioner filed motion to Manila.
dismiss, due to lack of jurisdiction. This was denied
by respondent judge, asserting that the jeep carry- Contention of respondent that knowledge on the part of
ing the ballot box passed through his jurisdiction the maker of insufficiency of funds is a continuing
and falsification was a continuing offense. offense, lacks merit. Such is simultaneous to the
issuance of check.
Court:
The jurisdiction of municipal courts to try criminal cases PETITION GRANTED
are confined to such offenses committed within the
limits of their territories.

Place where offense was committed not only deter-


Jurisdiction Over the Accused Case
mines the venue of the action, but is an essential
element of jurisdiction RIVERA VS. CA

Crime of Falsification is consummated when such doc- Facts:


ument is actually falsified with the intent to prejudice Petitioner, was charged with murder for allegedly hav-
a third person, whether or not it is put to use. ing shot and killed Renato Camacho, while he was
playing Mahjong.
The place where the criminal act was committed is the
place where the document was actually falsified. It’s Victim’s wife testified that she saw petitioner at the win-
use is not an essential element of the crime. dow of his mother’s house aiming a gun towards
the mahjong players. She ran away when the shot
went off.
UY VS. CA
The accused and the victim were previously heard ar-
Facts: guing about victim allegedly stealing petitioners
goat.
Petitioner, Rosa Uy, was an accountant in Don Tim
Shipping Company, owned by the husband of com-
plainant, Consolacion Leong. She resigned but re- Trial Court for petitioner guilty, and the CA affirmed
mained friends with Leong. They eventually formed such decision.
a partnership, where Leong would contribute the
capital for petitioner’s lumber business. P500,000 Court:
was allegedly given, but no receipt was issued. The
partnership documents were never processed, and Alibi did not have an element of physical improbability .
the friendship eventually turned sour, leading Leong Witness inconsistencies were referring to minor
to ask for her money back. The 6 checks issued by matters
Rosa were dishonoured for insufficiency of funds.
Long filed a complaint for estafa and violation of Records show that when information was filed after the
B.P. 22. RTC of Manila convicted her of BP 22, but preliminary investigation, he voluntarily submitted
acquitted her of estafa. Petitioner challenges the himself to the jurisdiction of the trial court and post-
jurisdiction of said court, stating that none of the ed his bail bond.
essential elements were committed in Manila. Peo-
ple and Sol Gen, argues however, that because
RTC had jurisdiction over the estafa case, it ac- PETITION DENIED
quired jurisdiction over the incidental BP 22 case.

Court:
For jurisdiction to be acquired by courts in criminal
cases, the offense or any of its essential ingredients
should have took place within the territorial jurisdic-
tion of such court.

Crimes of estafa and BP 22 are two different offesnes


having different elements, and for a court to acquire
jurisdiction, each of the essential elements of each
crime has to be satisfied.

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POLICE INVESTIGATION Prior to any questioning, person must be warned that


he has a right to remain silent, any statement he
does make may be used against him as evidence,
and that he has a right to the presence of an attor-
Constitution ney.

ART III, SEC 3. Defendant may waive these rights, provided waiver is
The privacy of communication shall be inviolable ex- made voluntarily, knowingly, and intelligently.
cept upon lawful order of the court, or when public
safety or order requires otherwise, as prescribed by If the individual indicates that he wishes to remain
law. silent, investigation must cease
Any evidence obtained in violation of this or the preced- If the individual cannot obtain an attorney and indicates
ing section shall be inadmissible for any purpose in he wants one before speaking to the police, they
any proceeding. must respect his decision.
If he cannot afford a lawyer, a lawyer will be provided
for him prior to any interrogation.
ART III, SEC 12. If interrogation continues without presence of an attor-
Any person under investigation for the commission of ney, and a statement is taken, heavy burden rests
an offense shall have the right to be informed of his on the government to prove that he waived his privi-
right to remain silent and to have competent and lege.
independent counsel preferably of his own choice. If
the person cannot afford the services of counsel, he Miranda warning:
must be provided with one. These rights cannot be
waived except in writing and the presence of coun- Right to remain silent and Right to Counsel
sel.
No torture, force, violence, threat, intimidation, or any
other means which vitiate free will shall be used U.S. VS. WADE
against him. Secret detention places, solitary, in-
communicado, or other similar forms of detention
are prohibited. Facts:
Any confession or admission obtained in violation of Bank in Texas was robbed by a man with a strips of
this or Sec 17 hereof shall be inadmissible as evi- tape on both sides of his face, who forced the
dence against him. cashier and VP to fill pillowcase with bank money.
Defendant was arrested and counsel appointed for
The law shall provide for penal and civil sanctions for him. 15 days later, he was arranged to participate in
violations of this section as well as compensation to a line-up where strips of tape were placed on faces
the rehabilitation of victims of torture or similar prac- and everyone was told to say “Put money in the
tices, and their families. bag.” The two employees identified Wade. During
trial, the employees identified Wade in a courtroom
identification. Wade’s counsel moved for acquittal
ART III, SEC 17. and to strike the employees’ identification, on the
ground that the lineup was without notice and in
No person shall be compelled to witness against him- absence of counsel. Wade was convicted.
self.
Court:
The line-up did not violate Wade’s privilege to self in-
Cases crimination. The prohibition of compelling a cam in
a criminal court to be a witness against himself is a
MIRANDA VS. ARIZONA prohibition of the use of physical or moral compul-
sion to extort communication from him. It is not an
exclusion of his body as evidence, when it may be
Facts: material.
Law enforcement officials took defendant into custody
and interrogated him for the purpose of obtaining a It is compulsion to exhibit physical characteristics, not
confession. The police did not advice him of his
right to remain silent or his right to counsel. Instead compulsion to disclose knowledge which he might
have.
they confronted him with an alleged accomplice
who accused him of murder. When defendant said
“I didn’t shoot Manuel, you did it.” He was hand- There are difference which precludes stages from be-
cuffed and brought info questioning for four hours ing characterised as critical stages, at which the
until he confessed. He was denied his request to accused has the right to the presence of counsel.
his attorney and they prevented attorney from see-
ing him. State used such confession against him at Court admits that there are some unfair practices in
trial police line-up and there are dangers involved.
Counsel should ideally have been present.
Court:
Statements made were constitutionally inadmissible. Set aside conviction pending a hearing to determine
whether the in-court identification had an indepen-
Custodial Interrogation is questioning initiated by law dent source.
enforcement officers after a person has been taken
into custody or otherwise deprived of freedom of CASE REMANDED
action in any way.

REVIEWER ON CRIMINAL PROCEDURE 8


D2019

OROZCO VS. TEXAS whether strong arm tactics or deceptive stratagems


were employed during questioning
Facts: whether the atmosphere of the questioning was police
dominated
Petitioner and deceased quarrelled outside cafe before
midnight, due to the latter speaking to the former’s whether the suspect was placed under arrest at the
female companion. Deceased beat the petitioner termination of the questioning.
and called him “Mexican Grease.” which led to a
shot which killed deceased. Presence of the first 3 mitigate the existence of cus-
tody, while the presence of the last three aggravate
Petitioner returned to his boarding house. At 4 a.m. existence of custody.
police came to his bedroom and began to question
him. He was not free to go and “was under arrest.” In present case, first 3 were present, and last 3 were
He was asked if he had been to the restaurant - absent.
yes. He was asked if he owned a pistol - yes. He He was told that he was not under arrest and that
was asked where the pistol was - he said in the questioning was voluntary
washing machine. he was free to move around during the interview; no
handcuffs; door was open and unblocked.
Pistol was recovered and tests showed it was the gun No strong arm tactics were used.
that fired the fatal shot. Texas court convicted ac-
cused of murder without malice
District Court was correct in holding that he was not in
custody
Court: CASE REMANDED, due to error in computation of
Officers questioned petitioner about incriminating facts sentence.
without first informing him of his right to remain
silent, wish right to have an advice of a lawyer, and
his right to have a lawyer appointed to assist him if
he could not afford to hire one. PEOPLE VS. ANDAN
Rape w/ homicide; brought to SC on automatic review
The use of these admissions obtained in the absence
of required warnings was a violation of the Self In- Facts:
crimination Clause Accused-Appellant Bobby Andan was taken and inter-
rogated by police under suspicion of raping AAA
LOWER COURT REVERSED and killing her with concrete blocks. Initially he de-
nied AAA’s death, however he later admitted to be-
ing a lookout, pinned the crime on two other sus-
pect, and directed the police to victim’s 2 bags. All
US VS. BROWN these without presence of counsel.

Facts: Later on he admitted to the mayor that he really was


Accused allegedly touched the private parts of two girls the one who committed the crime. He also reiterat-
who were minors on a drive back home from a soft- ed his confession to media men
ball game. FBI agents went to look for accused.
They introduced themselves and informed him of Lower Court sentenced him to death
the allegations against him. He was told that he was
not under arrest but they wanted to get his side of
the story. Officers followed accused into his bed- Court:
room. He initially denied it, stating it may have been Any person under investigation of an offense shall have
unintentional. Later he admitted to the crime. He the right to (1) remain silent; (2) have competent
was convicted of sexual abuse. He filed to have a and independent counsel; and (3) to be informed of
motion to suppress his statements, since he wasn’t such rights.
given the Miranda warning, but this was denied by
trial court, stating the he had not been in custody.
These rights cannot be waived except in writing and in
the presence of counsel.
Court:
Miranda warnings must be given prior to the question- Appellant was already under custodial investigation, yet
ing whenever an individual is in custody. He is in he was not informed of his rights. His confession as
custody when he has been formally arrested or lookout and the 2 bags of the victim are inadmissi-
freedom of movement has been restrained to a ble as evidence.
degree associated with a formal arrest.
However confession to Mayor and media was admissi-
Six indicia of custody: ble. Appellant spoke to the Mayor as a confidant not
whether the suspect was informed at the time of ques- as a law enforcement officer. Constitutional proce-
tioning that the questioning was voluntary, that the dures on custodial investigation do not apply to a
suspect was free to leave or request the officers to spontaneous statement not elicited through ques-
do so, or that the suspect was not considered under tioning by the authorities.
arrest
whether the suspect possessed unrestrained freedom His confession to the media was also made voluntarily,
of movement during the questioning and nothing shows that news reporters acted under
whether the suspect initiated contact authorities or vol- the direction of the police. It was not in response to
untary acquiesced to official request to respond to question by police.
questions

REVIEWER ON CRIMINAL PROCEDURE 9


D2019

AFFIRMED

PEOPLE VS. ENDINO


Crime: Murder qualified by treachery

Facts:
Gerry Galgarin and his nephew Endino were accused
of slaying Dennis Aquino in front of the victim’s girl-
friend in Puerto Princesa. Both remained at large,
until Galgarin was located in Antipolo Rizal. Before
he was brought back to Palawan, police officers
brought him to ABS-CBN where he was interviewed
by reporters. He was taped admitting his guilt. Dur-
ing trial, accused disowned the confessions claim-
ing it was done under threat of police, he also tried
to invoke the exclusionary rule.

Accused was convicted by lower court of murder quali-


fied by treachery.

Court:
Confession does not form part of custodial investiga-
tion, as it was not given to police officers but to me-
dia men in an attempt to gain sympathy.

However, trial courts are reminded that extreme caution


must be taken in admitting such statements, since
there is probability of collusion between the media
and the police. Statements such as these are to be
suspect and thoroughly examined and scrutinised.

REVIEWER ON CRIMINAL PROCEDURE 10


D2019

SEARCHES AND SEIZURES An arrest with a warrant may be made on any day and
at any time of the day or night, while a search war-
rant is generally served in the day time, unless
there be direction that it may be served at any time
of the day or night. (Sec 9, Rule 126)
Constitution Art III
The issuance of a warrant of arrest presupposes the
Sec 2. The right of the people to be secure in their per- existence of a pending criminal case. A search war-
sons, houses, papers, and effects against unrea- rant does not require the existence of a criminal
sonable searches and seizures of whatever nature case. (May be issued prior to filing)
and for nay purpose shall be inviolable, and no
search warrant or warrant of arrest shall issue ex-
cept upon probable cause to be determined per- Where to File Search Warrant
sonally by the judge after examination under oath or Application for a search warrant shall be filed before
affirmation of the complainant and the witnesses he any court within whose territorial jurisdiction a crime
may produce, and particularly describing the place was committed (Sec 2(a), Rule 126)
to be searched and the persons or things to be
seized.
Exceptions:
A. An application may be made before any court with-
Sec 3. The privacy of communication and correspon- in the judicial region where the crime was com-
dence shall be inviolable except upon lawful order mitted if the place of the commission of the
of the court, or when public safety or order requires crime is known (Sec 2(b), Rule 126)
otherwise, as prescribed by law.
B. The application may also be filed before any court
Any evidence obtained in violation of this or the preced- within the judicial region where the warrant shall
ing section shall be inadmissible for any purpose in be enforced. (Sec 2(b), Rule 126)

any proceeding 

(In both exceptions, filing in such courts re-
Nature of a Search Warrant quires compelling reasons stated in the applica-
A search warrant is an order in writing issued in the tion)
name of the People of the Philippines, signed by a C. The application shall be made only in the court
judge, and directed to a peace officer, commanding where the criminal action is pending if the crimi-
him to search for personal property described there- nal action has already been filed (Sec 2, last
in and bring it before the court. (Sec 1, Rule 126) par, Rule 126)

It is not a criminal action, not does it represent a com- Ex Parte Application


mencement of a criminal prosecution. It is solely for An application for a search warrant is hear ex parte. It
the discovery and possession of personal property. is neither a trial door part of one. (Time is of the
essence)
It is not a criminal action, hence any aggrieved party
may question an order quashing the same without Property Subject to a Search Warrant
need of conformity of the public prosecutor
The property subject to a search warrant is personal
property, and not real property.
Protection Against Gov’t Intrusion A. Personal property subject of the offense
The rule against unreasonable searches and seizures B. Personal property stolen to embezzled, and other
does not extend to acts committed by private indi- proceeds, or fruits of the offense
viduals and entities. C. personal property used or intended to be used as a
means for committing an offense
It is a restraint against the government and its agents
tasked with law enforcement. It is to be invoked Only property described in the search warrant may be
only to ensure freedom from arbitrary and unrea- seized by the authorities.
sonable exercise of State power.

Arrest vs. Search and Seizure Requirements For Issuance


1. It must be issued upon probable cause
An arrest involves taking of a person into custody, while
a search is concerned with the seizure of personal 2. The probable cause must be determined by the
property subject of the offense, stolen or embezzled judge himself and not by the applicant or any
property, fruits of the offense, or those intended to other person
be used to commit an offense. 3. in the determination of probable cause, the judge
must examine, under oath or affirmation, the
complainant and such witnesses he may pro-
A probable cause to arrest does not necessarily involve duce
a probable cause to search and vice versa. Both
involve different determinations. 4. the warrant issued particularly describe the place to
be searched and persons and things to be
searched. (Sec 4, Rule 126)
In order to determine probable cause to arrest, the
judge (not the prosecutor) must have sufficient facts
in his hands that would tend to show that a crime Absence of these requisites will cause downright nullifi-
has been committed and that a particular person cation
committed it. Whereas, probable cause to search
requires facts to show that particular things con-
nected with a crime are found in a specific location.

REVIEWER ON CRIMINAL PROCEDURE 11


D2019

Probable Cause in Search Warrants 3. The purpose of breaking is to execute the warrant
or to liberate himself or any person lawfully aid-
Such facts and circumstances that would lead a rea- ing him when unlawfully detained therein. (Sec
sonable and prudent man to believe that a crime 7, Rule 126)
has been committed and that items related to the
crime may be found in the place and on the persons
indicated therein.
Duties of Officer After Search
According respect to findings of probable cause 1. He must forthwith deliver the property seized to the
judge who issued the warrant
of trial courts 2. He must together with the delivery of the property
also deliver a true inventory of the property
HOW EXAMINATION CONDUCTED seized. Such inventory must be duly verified
under oath. (Sec 12(a), Rule 126)
1. The examination must be personally conducted by
the judge 3. Note: Violation of the above shall constitute con-
tempt of court. (Sec 12, Rule 126)
2. The examination must be in the form of searching
questions and answers
3. The complainant and the witnesses shall be exam- Duty of Judge
ined on those facts personally known to them 1. Judge shall ascertain if the return has been made.
4. The statements must be in writing and under oath He shall do so 10 days after the issuance of the
5. The sworn statements of the complainant and the search warrant.
witnesses, together with the affidavits submitted 2. If no return has been made, the judge shall sum-
shall be attached to the record. mon the person to whom the warrant was is-
sued and require him to explain why no return
was made.
Issuance and Form of the Search Warrant 3. If the return has been made, the judge shall ascer-
The warrant shall be issued when the judge is satisfied tain whether Sec 11, Rule 126 (receipt) was
of the existence of facts upon which the application complied with and shall require that the property
is based or that there is a probable cause to believe seized be delivered to him. He shall also see to
that they exist. The form of search warrants must it that Sec 12, Rule 126 (delivery) has been
be substantially in the form prescribed by the Rules. complied with
(Sec 6, Rule 126)
Duty of Log Book Custodian
Duration of the validity of a search warrant The return of the search warrant shall be filed and kept
Valid for 10 days from it's date. Thereafter it shall be by the custodian of the log book on search warrants
void. (Sec 10, Rule 126 RTC) who shall enter therein the date of the return, the
Time of Making the Search result, and other actions of the judge. (Sec 12, Rule
The warrant shall be served in the daytime and such 126)
fact must be so directed in the warrant. However, if
the affidavit asserts that the property is on the per- Motion to Quash
son or in the place ordered to be searched, the war-
rant may insert a direction that it may be served at A motion to quash a search warrant and/or suppress
any time of the day or night. (Sec 9, Rule 126) evidence obtained in virtue of a warrant may be
filed and acted upon only by the court where the
action has been instituted.
Manner of Making the Search
The search shall be made in the presence of the lawful If no criminal action has been instituted, the motion
occupant of the house, room or any other premises, may be filed in and resolved be the court that is-
or any member of the lawful occupant’s family. In sued the search warrant. However, if the court
the absence of the latter, the search shall be made failed to resolve the motion and a criminal case is
in the presence of 2 witnesses of sufficient age and subsequently filed in another court, the motion shall
discretion residing in the same locality. (Sec 8, Rule be resolved by the latter court. (Sec 14, Rule 126)
126)

Officer seizing the property must give a detailed receipt


for the same to the lawful occupant of the premises
Warrantless Searches
in whose presence the search and seizure were
made, or in the absence of occupant, must, in the MOVING VEHICLE
presence of at least 2 witnesses of sufficient age
and discretion residing in the same locality, leave a
receipt in the place in which he found the seized Rationale:
property. (Sec 11, Rule 126) Justified on the ground that the mobility of motor vehi-
cles makes it possible for the vehicle to be
searched to move out of the locality of jurisdiction in
Rule If Officer Refused Admittance which the warrant must be sought. (People vs. Que)
The officer may break open any outer or inner door or
window of a house or any part of a house or any- Requisites:
thing therein provided the following requisites are
complied with: 1. probable cause
1. the officer gives notice of his purpose and authority 2. impossible to go to court and apply for a search
warrant
2. He is refused admittance to the place of directed
search despite the notice

REVIEWER ON CRIMINAL PROCEDURE 12


D2019

PLAIN VIEW AIRPORT SEARCHES

Rationale: Rationale:
Recognition of the fact that when the police come Increased concern over hijacking and terrorism. 

across immediately recognisable incriminating evi-
dence they should not be allowed to close their
eyes to it.

Requisites:
1. prior valid intrusion
2. discovery of evidence is inadvertent
3. it is immediately apparent to the officer that the item
he observes may be evidence of a crime, con-
traband, or otherwise subject to seizure
(MIclat Jr., vs. People)

WAIVER/CONSENTED SEARCHES

Requisites:
1. the right exists
2. person had knowledge of such right
3. actual intention to relinquish the right

STOP AND FRISK

Rationale: dual purpose


1. general interest of effective crime prevention
2. safety of the police officer

Requisites:
1. Police officer observed an unusual conduct, which
in light of his experience leads him to believe
that criminal activity is afoot and the person
whom he is dealing with may be armed and
presently dangerous
2. He identifies himself as a policeman
3. Nothin in the initial stages of encounter serves to
dispel his reasonable fear.

SEARCH INCIDENTAL TO A LAWFUL ARREST

Rationale:
1. Protect arresting officer
2. Prevent destruction of evidence

Limitation as to scope:
1. person
2. area of immediate control

Limitation as to items:
1. dangerous weapons
2. anything that may have been used in the offense
3. anything that may be used as proof to prove the
offense.

CUSTOMS SEARCH
Requisites:
1. persons conducting search were exercising police
authority under customs law
2. search was for enforcement of customs law
3. place searched was not a dwelling

REVIEWER ON CRIMINAL PROCEDURE 13


D2019

ARREST of his failure to execute warrant, he shall state the


reasons for non-execution.
(Sec 4, Rule 113)
Arrest
METHOD OF ARREST
WHAT IS AN ARREST? Officer shall inform the person to be arrested of:
An arrest is the taking of a person into custody in order 1. the cause of his arrest
that he may be bound to answer for the commission 2. the fact that a warrant has been issued for his ar-
of an offense. (Sec 1, Rule 113) rest.

HOW IS AN ARREST MADE? The information need not be given when the person
1. actual restrain of a person to be arrested; or arrested:
2. his submission to the custody of the person making 1. flees
the arrest 2. forcibly resists
*No violence or necessary force shall be used. Person 3. giving of the information will imperil the arrest
arrested shall not be subject to greater restraint (Sec 7, Rule 113)
than necessary.
(Sec 2, Rule 113) The officer need not have the warrant in his possession
It has been held that application of force or declaration at the time of arrest. However after the arrest the
of arrest is not required. It is enough that there be warrant shall be shown to the person arrested as
an intention on the part of one of the parties to ar- soon as practicable, if the person arrested so re-
rest the other, and that there be an intent on the quires.
part of the other to submit under the belief that it is (Sec 7, Rule 113)
necessary.
The officer assigned to execute the warrant of arrest
WHEN MAY ARREST BE MADE? has, after the arrest of the accused, the duty to de-
Anytime of the day or night. liver the person arrested to the nearest police sta-
(Sec 6, Rule 113) tion or jail without unnecessary delay.
(Sec 3, Rule 113)
Requisites for Issuance of Search Warrant
It is constitutionally mandated that a warrant of arrest
shall issue only upon a finding of probable cause to RIGHT/AUTHORITY DURING ARREST
be determined personally by the judge. Officer has authority to orally summon as many person
as he deems necessary to assist him in effecting
Probable cause arrest. Every person so summoned by an officer
such facts and circumstances which would lead a rea- shall assist him in effecting the arrest when he can
sonably discreet and prudent man to believe than render assistance without detriment to himself.
an offense has been committed by the person (Sec 10, Rule 113)
ought to be arrested.
Personal examination by the judge Officer has right to break into any building enclosure
judge need not examine the complainant and witness- where the person to be arrested is or is reasonably
es. Instead, he may opt to personally evaluate the believed to be, if: (1) he is refused admittance
report and supporting documents submitted by the thereto, (2) after announcing his authority and pur-
prosecutor, or he may disregard the prosecutor’s pose.
report and require the submission of supporting (Sec 11, Rule 113)
affidavits of witnesses.
Note: also applies to warrantless arrest under Sec 5,
Judge’s personal examination of complainant and wit- Rule 113
nesses is not mandatory and indispensable for de-
termining aptness of search warrant. It is enough
that he personally evaluates the report and support- Arrest w/o Warrant
ing documents, and on the basis thereof issues a GR: warrant is needed for a valid arrest.
warrant of arrest. Exception: Warrantless arrest (Sec 5, Rule 113)

Arrest w/ Warrant
WHO MAY DO?
DELIVERY TO LAW ENFORCEMENT AGENCY A peace officer or any private person
When a warrant of arrest is issued by a judge, the war-
rant is delivered to the proper law enforcement WHAT MAY BE DONE ?
agency for execution. may, without a warrant arrest a person

The head of the office to whom the warrant of arrest WHEN MAY IT BE DONE?
was delivered shall cause the warrant to be execut- 1. When in his presence, the person to be arrested:
ed wishing 10 days from its receipt.
1. has committed,
2. is actually committing, or
Wishing 10 days from expiration of period, the officer 3. is attempting to commit an offense.
whom it was assigned for execution shall make a
report to the judge who issued the warrant. In case (in flagrante delicto)

REVIEWER ON CRIMINAL PROCEDURE 14


D2019

2. is in the process of being pursued immediately after


(b) When an offense has just been committed and he its commission
has probable cause to believe, based on personal 3. escapes or flees
knowledge of the facts and circumstances, that the 4. forcibly resists before the officer has opportunity to
person to be arrested has committed it; so inform him
(hot pursuit) 5. when the giving or such information will imperil the
arrest
(c) When the person to be arrested is a prisoner : (Sec 8, Rule 113)
1. who has escaped from a
1. penal establishment or *Right/Authority under Arrest w/ Warrant also apply (He
2. place where he is serving final judgement or is can break in/summon assistance as well)
temporarily confined while his case is pend-
ing, or
2. has escaped while being transferred from one con- Method of Arrest (by Private Person)
finement to another.
Person shall inform the person to be arrested of:
OTHER GROUNDS: 1. intention to arrest
When a person, previously lawfully arrested escapes or 2. cause of his arrest
is rescued. Any person may immediately pursue or
retake him without a warrant at any time and in any
place within the Philippines. (Sec 13, Rule 113) The information need not be given when the person
arrested:
When an accused released on bail attempts to depart 1. is engaged in the commission of an offense
from the Philippines without permission of the court 2. is in the process of being pursued immediately after
where the case is pending, he may be re-arrested its commission
without a warrant. (Sec 23, Rule 114) 3. escapes or flees
4. forcibly resists before the officer has opportunity to
so inform him
IN FLAGRANTE DELICTO 5. when the giving or such information will imperil the
mere suspicion and reliable information are not justifi- arrest
cations. (Sec 9, Rule 113)
Rule requires that the person arrested has performed
an over act that indicates he has committed, is ac-
tually committing, or attempting to commit an of- *In case of in flagrante delicto and hot pursuit arrest,
fense. person is to be brought to the nearest police station
or jail.
Requisites:
1. person to be arrested must execute an overt act Rights of the Person Arrested
indicating that he has just committed, is actually 1. Right to be assisted by counsel at all times
committing, or is attempting to commit a crime
2. Right to remain silent
2. such overt act is done in the presence or within the
view of the arresting officer. 3. Right to be informed of the above rights
4. Right to be visited by immediate members of his
family, by his counsel, or by any non-govern-
mental organization, national, or international.
HOT PURSUIT
Requirements: Effect of An Illegal Arrest
1. offense has just been committed
2. person making the arrest has personal knowledge Legality of the arrest only affect the jurisdiction of the
that the person to be arrested has committed it. court over the accused. The illegality in itself, can-
not be basis for acquittal.
Knowledge
does not refer to actual knowledge of crime, because Even if the warrantless arrest of an accused is later
the officer did not witness its commission. It is proven to be invalid, such fact is not sufficient
knowledge that a crime has been committed, and cause to set aside a valid judgement rendered upon
fair observation is that the person has committed a sufficient complain after a trial free from error.
that offense.
OBJECTION
Method of Arrest (by Officer) Any objection involving a warrant of arrest or the pro-
cedure by which the court acquired jurisdiction of
Officer shall inform the person to be arrested of: the person of the accused must be made before he
1. the cause of his arrest enters his plea, otherwise it is deemed waived.
2. the fact that a warrant has been issued for his ar-
rest. When a person fails to make a timely objection to an
illegal arrest, only the right to assail the arrest is
waived. He does not waive the right to question the
The information need not be given when the person admissibility of the evidence seized by virtue of the
arrested: illegal arrest.
1. is engaged in the commission of an offense

REVIEWER ON CRIMINAL PROCEDURE 15


D2019

Effect of Admission to bail on objections to an


Illegal Arrest
Application for or admission to bail shall not bar the
accused from challenging the validity of his arrest or
the legality of the warrant issued, provided that he
raises the objection before he enters his plea.

Persons not subject to Arrest


1. Member of Congress for offenses punishable by not
more than 6 years of imprisonment. (Privilege
applies only when Congress is in session)
2. Other Chiefs of state, ambassadors, etc. (in-
ternational law/relations)


REVIEWER ON CRIMINAL PROCEDURE 16


D2019

PRELIMINARY INVESTIGATION PRELIMINARY INVESTIGATION


Conducted by the prosecutor
Preliminary investigation is an inquiry or a proceed-
ing the purpose of which is to determine whether Executive in nature
there is sufficient ground to engender a well-found- Conducted to determine probable cause for filing of
ed belief that a crime has been committed and the information
respondent is probably guilty thereof, and should be
held for trial. PRELIMINARY EXAMINATION/INQUIRY
It is a mere inquiry or a proceeding. It is not a trial, Conducted by the judge
hence no examination of witness by way of direct or
cross-examinations. It only involves presentation of Judicial in nature
evidence so that the prosecutor may determine the Conducted to determine probable cause for the is-
existence of probable cause, enabling him to pre- suance of a warrant of arrest
pare his complaint or information.
When is PI not required?
Probable cause implies probability of guilt and re- 1. When the law prescribes a penalty of imprisonment
quires more than bare suspicion but less than evi- of less than 4 years, 2 months and 1 day.
dence to justify a conviction. 2. If a person is arrested lawfully without a warrant.
It does not require a full and exhaustive presentation of o But the accused may still ask for a PI before the
the parties’ evidence. It is enough that in the ab-
sence of a clear showing of arbitrariness, credence complaint is filed, but he must sign a waiver of RPC
is given to the finding and determination of probable 125 (penalizes public official for failure to deliver
arrested person to proper authorities) in the pres-
cause. ence of his counsel.
• In this case, person may still apply for bail to effect
Purposes: release from detention notwithstanding waiver of
to determine (1) w/n a crime has been committed, and RPC 125. The application for bail must be filed in
(2) w/n there is probable cause to believe that the the province, city, or municipality where the person
accused is guilty thereof. arrested is held.
o In case complaint is already filed, accused may still
ULTIMATE PURPOSES: ask for PI within 5 days from the time he learns of
1. to secure the innocent against hasty, malicious and its filing.
oppressive prosecution 3. If person is arrested in a place where an inquest
2. to protect him from an open and public accusation prosecutor is available, an inquest will be conduct-
of a crime, from the trouble, expenses and anxiety ed instead of PI. If inquest prosecutor is absent or
of a public trial unavailable, complaint may be filed directly with the
proper court.
3. to protect the State from useless and expensive
prosecutions
An Inquest is an investigation conducted by a prosecu-
PROS tor in criminal cases where a person has been law-
fully arrested and detained without a warrant of
Parties put up an exchange of affidavits arrest.
Has time to consult with lawyer • It is a summary investigation and which does not
Can build a well-written much longer follow the procedure set forth in ROC Rule 112,
Has more time to locate witnesses to support affidavits Sec. 3.
• It is NOT a PI. It is informal and summary.
CONS • Purpose: to determine w/n the person detained
Proceeding is NOT summary in nature should remain under custody and then charged to
Required to sign a waiver of RPC 125, in the presence court.
of counsel o Check if proper warrantless arrest.
counter-affidavit ♣ If not proper, recommend release of detainee. In
Detained much longer case PI is warranted, then detainee is “released for
further investigation”.
Nature of the right to a preliminary investigation ♣ If proper, ask if detainee wants PI, which may be
• It is of statutory character and may be invoked only conducted by the Inquest Officer himself or by any
when specifically created by statute. And since it other Assistant Prosecutor to whom the case may
has been established by statute, it becomes a com- be assigned.
ponent of due process in criminal justice. • If probable cause exists, then the Inquest Pros-
• It is not a mere formal or technical right, but it is a ecutor shall prepare the corresponding information
substantive right. To be denied such right is to be with recommendation that it should be filed in court.
deprived of the full measure of the right to due • If no probable cause, then recommend release of
process. detainee.
o However, the right to a preliminary investigation • It is conducted by a public prosecutor who is
may be waived for failure to invoke the right prior assigned inquest duties as an Inquest Officer, who
to or at the time of the plea. It also cannot be raised may discharge his duties only at the PNP police
for the first time on appeal. stations/headquarters, unless otherwise directed.
• The prosecutor who conducts the preliminary • It commences from the time the Inquest Officer
investigation is NOT a quasi-judicial officer. The receives the complaint and the referral documents
DOJ is not a quasi-judicial body. Preliminary inves- from the law enforcement authorities, including: (1)
tigation is merely inquisitorial. affidavit of arrest, (2) the investigation report, (3) the

REVIEWER ON CRIMINAL PROCEDURE 17


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statements of the complainant and the witnesses, 2. Attach affidavit of the complainant and of witnesses,
and (4) other supporting evidence gathered. and other supporting documents
• It must be conducted for the offense for which the o the affidavits shall be subscribed and sworn to
detainee was arrested. before any prosecutor (not necessarily the investi-
• It must be terminated within the period prescribed gating prosecutor) or government official authorized
under (RPC 125 – 12/18/36). Thus, if after the in- to administer oaths, or in their absence or unavail-
quest proceedings: ability, before a notary public.
o There is no probable cause case is dismissed o The person who administered the oath does not
perform a mere perfunctory or mechanical duty. He
o The accused wants a PI and is willing to waive RPC must certify that he personally examined the affi-
125 conduct PI ants and that he is satisfied that they voluntarily
o The arrest was without warrant, but there is executed and understood their affidavits.
possibly a probable cause accused is release for 3. # of copies = # of respondents + 2 copies for the
regular PI official file
o There is probable cause and the arrest was valid
information is filed
Questioning the absence of PI
P.I. • It must be done before entering a plea (i.e. before
arraignment). Otherwise, it will amount to a waiver.
Full-blown proceeding, but not equivalent to a full-
blown trial • The case should then be remanded to the pros-
ecutor so that PI may be conducted. Remedy is
NOT MTQ. The court only holds in abeyance any
Initiated by filing of complaint further proceedings therein until completion of PI.
has clarificatory hearing • The absence of PI does not affect the court’s
jurisdiction over the case nor does it impair the va-
INQUEST lidity of the information or otherwise render it defec-
Summary in nature tive. It is not a ground for a MTQ.
Conducted in lieu of a full-blown PI; only results from
warrantless arrest Procedure for PI
No hearing; one-day summary (must be strictly followed):
1. Filing of complaint
Who may conduct PI and determine existence of 2. Within 10 days, the investigating officer may decide:
probable cause? a. To dismiss the complaint if no probable cause, OR
A. When NOT required b. To issue a subpoena to the respondent if probable
1.Prosecutor, upon filing of the complaint cause exists
2.MTC Judge, upon filing of the compliant/infor- • In this case, the respondent has the right to
mation ( but not allowed anymore today) examine the documentary and object evidence
submitted by complainant and to copy them at his
B. For all crimes cognizable by the proper court: expense (Motion to be Furnished Copies of Evi-
1.Provincial or City Prosecutors and their assistants dence; Right to Access Evidence).
2.National and Regional State Prosecutors o 3 kinds of evidence:
3.Other officers as may be authorized by law a. Testimonial evidence (statements of witnesses
C. For all election offenses punishable under the before the witnesses are presented in court)
Omnibus Election Code: b. Documentary evidence (not simply affidavits; actual
1.COMELEC through its duly authorized legal documents submitted)
officers c. Object evidence
2.Other prosecuting arms of the government • If evidence is voluminous (= a lot), complainant may
(concurrent power) be required to specify those which he intends to
D. For offenses committed by any public officer or present against the respondent.
employee: o Rationale: so that respondent knows the charge
1.Office of the Ombudsman (primary jurisdiction) against him; Right to be free from an oppressive
2.DOJ investigation.
E. For cases investigated by the PCGG: 3. Within 10 days from receipt of subpoena, re-
1.PCGG with the assistance of the Office of the spondent must submit his sworn counter-affidavit,
SolGen the affidavits of his witnesses and the supporting
documents for his defense. He is NOT allowed to
file a MTD in lieu of a counter-affidavit.
2 ways to initiate criminal action when PI not • Requirement of counter-affidavit: Subscribed AND
required: Sworn to.
(1) by filing the complaint directly with the prosecutor, • If no counter-affidavit or respondent cannot be
OR (2) by filing the complaint or information with the subpoenaed, an ex parte investigation ensues.
MTC. The investigating officer shall resolve the complaint
based on the evidence presented by the com-
• The prosecutor or the judge, as the case may be, plainant.
shall act on the complaint within 10 days from its
filing. • BUT respondent is allowed to reopen the pro-
ceedings to allow him to comply, provided the prop-
• Procedure of filing complaint: ROC Rule 112, Sec. er motion (+ explanation) is done before the prose-
3(a) cutor has issued a resolution in the case.
1. Address of the respondent shall be indicated in the 4. Complainant may also file a reply-affidavit in
complaint response to the counter-affidavit, and the respon-

REVIEWER ON CRIMINAL PROCEDURE 18


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dent may likewise rebut this through a rejoinder- • The appeal is made by filing a petition for review
affidavit. with the Office of the Secretary of Justice, who has
5. Within 10 days from submission of counter-affi- the ultimate authority to decide which of the conflict-
davits and other affidavits or from expiration of the ing theories of complainant and respondent should
period of their submission, a clarificatory hearing be believed.
may be set by the investigating officer, if there are o He may also file a motion for the suspension of the
facts and issues to be clarified either from a party or arraignment. But if he has been arraigned after fil-
a witness. ing of petition for review, SOJ may still review.
• The parties may be present, but they do not have • Within 15 days from the receipt of the copy of the
the right to examine or cross-examine each other or petition, the adverse party may file a verified com-
their witnesses. If they have questions, they submit ment. If no comment, the appeal is to be resolved
them to the investigating officer who shall be the on the basis of the petition.
one to ask the question. 10. The SOJ may reverse, affirm or modify the ap-
• In short, during the clarificatory hearing, the pealed resolution. He may also dismiss the petition
prosecutor will: motu propio or upon motion.
o On his own, have questions that he will propound • The SOJ has the power to alter, modify, nullify or
on complainant / witnesses / respondents; and set aside what a subordinate officer had done in the
o Ask questions from the other parties when they performance of his duties and to substitute the
submit these beforehand to the Investigating Pros- judgment of the SOJ for that of the latter.
ecutor. 11. The party aggrieved by the decision of the SOJ
• The hearing shall be terminated within 5 days. may file a MR within a non-extendible period of 10
days from receipt of the resolution on appeal. No
6. Within 10 days from the termination of the in- further or second MR shall be entertained.
vestigation, the investigating prosecutor shall de-
termine w/n there is sufficient ground to hold the 12. If SOJ committed GAOD, CA may take cognizance
respondent for trial. of the case in a petition for certiorari under Rule 65.
• Determination of probable cause during PI is an • The Court has adopted a policy of noninterference
executive function exclusively of the prosecutor. It is in the conduct of PI and leaves to the investigating
only him who is primarily vested with discretion in prosecutor sufficient latitude of discretion in the
the discharge of this function. determination of what constitutes evidence as will
establish probable cause for the filing of the infor-
7. If probable cause exists, the investigating prose- mation. The only exception to this is GAOD.
cutor shall prepare both the resolution and the
information. If no probable cause, he shall recom- • Courts are not empowered to substitute their own
mend the dismissal of the complaint. judgment for that of the executive branch.
• The information shall contain a certification of PI ϖ Appeal to the Office of the President under
which certifies: Rule 43 may also be allowed under the following
a. That he, or as shown by the record, an authorized conditions:
officer, has personally examined the complainant a. the offense involved is punishable by reclusion
and his witnesses perpetua to death
b. That there is a reasonable ground to believe that a b. new and material issues are raised which were not
crime has been committed presented before and ruled upon by the DOJ
c. That the accused is probably guilty thereof c. the prescription of the offense is not due to lapse
d. That the accused was informed of the complaint within 6 months from notice of the SOJ resolution.
and of the evidence submitted against him d. The appeal or petition for review is filed within 30
days from notice.
e. That he was given an opportunity to submit con-
troverting evidence 13. CA or OP decision may then be appealed to SC by
• If no certificate, the information is nonetheless valid way of a petition for review on certiorari (Rule 45).
since it is not an essential part of the information
itself. What is NOT allowed is the filing of the infor- Actions of the judge upon the filing of the complaint or
mation without a PI having been previously con- information:
ducted. 1. Within 10 days from filing personally, evaluate the
8. Within 5 days from his resolution, the investigating resolution of the prosecutor by looking into its sup-
prosecutor shall forward the record of the case for porting evidence.
action to the proper authority (i.e. Provincial/City 2. If evidence clearly fails to establish probable cause
Prosecutor or Chief State Prosecutor, or Ombuds- = immediate dismissal.
man), who shall act (reverse or affirm) on the reso- 3. If there is probable cause = issue a warrant of
lution within 10 days from their receipt thereof. arrest. If complaint was filed pursuant to a lawful
• Rationale: no information may be filed or dismissed warrantless arrest, issue a commitment order in-
by an investigating prosecutor without the prior writ- stead.
ten authority or approval of the provincial or city ¬ A warrant of arrest is issued only when there is a
prosecutor or chief state prosecutor or the Om- necessity for placing the accused in custody “in
budsman or his deputy. order not to frustrate the ends of justice.”
• If his recommendation of dismissal is disapproved ¬ When warrant of arrest is NOT necessary:
on the ground that a probable cause exists, the a. Complaint or information is filed pursuant to a lawful
Provincial/City prosecutor or Chief State Prosecutor warrantless arrest or when a warrant has already
or the Ombudsman may by himself file the informa- been issued by the MTC judge
tion against the respondent, or direct another as-
sistant prosecutor or state prosecutor to do so b. Accused is charged for an offense punishable only
WITHOUT conducting another PI. by fine
9. Within 15 days from receipt of resolution, the c. The case is subject to the Rules on Summary
aggrieved part may file MR. If MR denied, he may Procedure
appeal within 15 days from the denial.

REVIEWER ON CRIMINAL PROCEDURE 19


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4. If there is doubt to the existence of probable cause


= order to submit additional evidence within 5 days
from notice.
5. The issue must be resolved by the court within 30
days from filing

Motion to dismiss or withdraw the information


• Once a criminal complaint or information is filed in
court, any disposition of the case or dismissal or
acquittal or conviction of the accused rests with the
exclusive jurisdiction, competence, and discretion of
the trial court.
• It does not matter if MTD is filed by the prosecutor
before or after arraignment.
• In resolving the MTD, the trial court must make an
evaluation on the merits of the case independent to
that of the SOJ or public prosecutor. It must be
based upon the judge’s own and personal convic-
tion that there was no case against the accused.

Remedies available from PI


latest time to invoke is during trial
1. Appeal
2. Motion for Reinvestigation / PI
3. Motion for Reconsideration
4. Injunction and writs of restraint in proper cases
5. Petition for certiorari (Rule 65)
6. Motion to Bail
7. Motion to be furnished copies of evidence


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VENUE criminal cases. In the former, general rule is that


venue is based on residence of plaintiff/defendant
or where the real property is located, except when
the parties have expressly stipulated otherwise.
It is doctrinal that in criminal cases, venue is an essen-
tial element of jurisdiction, and that the jurisdiction
of a court over a criminal case is determined by the
allegations in the complaint or information. Remedies available for Venue:
• If the particular place where the offense is com- 1. Motion to quash
mitted is an essential element of the offense or is 2. Petition for Certiorari (Rule 65)
necessary for its identification, the description of the
place of commission of the offense must be specif- 3. Motion for reconsideration

ic.
• If the information was filed with the wrong court, the
court then lacks jurisdiction and has no authority
over the case (quashable).
• Purpose of territorial jurisdiction: not to compel the
defendant to move to, and appear in, a different
court from that of the province where the crime was
committed as it would cause him great inconve-
nience in looking for his witnesses and other evi-
dence in another place

General rule:
In all criminal prosecutions, the action must be institut-
ed and tried in the courts of the municipality or terri-
tory where:
1. The offense was committed; or
2. Any of its essential ingredients occurred.
(TIP: look at offense)

Exceptions:
1. Felonies under Article 2, RPC, which are cognizable
by the proper court where criminal action was first
filed;
2. Those committed on a railroad train, aircraft, or any
other public or private vehicle in the court of its trip,
which may be instituted and tried in the court of any
municipality or territory where such train, aircraft, or
other vehicle passed during such trip, including
place of departure and arrival;
3. Those committed on board a vessel in the course of
its voyage, which may be instituted and tried in the
proper court of the first port of entry or of any mu-
nicipality or territory through which vessel passed,
subject to the generally accepted principles of in-
ternational law;
4. Piracy, which has no territorial limits and may be
instituted anywhere
5. Libel, which may be instituted at the election of the
offended party or suing party in the province or city,
subject to Article 360, RPC;
6. In cases filed under BP 22, which may be filed in
the place where the check was dishonored or is-
sued, or in case of a cross- check, in the place of
the depositary or collecting bank;
7. For violations of RA 10175 (Cybercrime Prevention
Act of 2012), the RTCs have jurisdiction over any
violation of the provisions of the Act, including any
violation committed by a Filipino national regardless
of the place of commission (Sec. 21);
8. In exceptional circumstances, where, to ensure a
fair trial and impartial inquiry, the SC have the pow-
er to order a change of venue or place of trial to
avoid miscarriage of justice.

In Lopez v City Judge, it was held that the filing of a


civil action should have no impact as to where the
information is properly filed. The rules on venue on
civil cases are different from the rules on venue on

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COMPLAINT AND INFORMATION charges more than one offense. Failure to do such
constitutes waiver.
A complaint is a sworn written statement charging a
person with an offense, subscribed by the offended
party, any peace officer, or other public officer,
Sufficiency of the complaint or information
charged with the enforcement of the law violated. • It is deemed sufficient if it contains the following:
• It is a statement charging a person with an offense. 1. The name/s of the accused
• It is filed in the name of the People of the Philip- o If natural person, state the name and surname, or
pines and is filed against all persons who appear to any appellation or nickname
be responsible for the offense involved. ♣ If name cannot be ascertained, he must be de-
• The private offended parties are only limited to scribed under a fictitious name, accompanied by a
being witnesses for the prosecution. statement that his true name is unknown.
o Thus, a private offended party may NOT appeal the ♣ If late his true name becomes known, his true
dismissal of a criminal case or the acquittal of an
accused because the aggrieved party is the People name shall be inserted in the complaint or informa-
of the Philippines. It can only be appealed by the tion and in the records of the case.
SolGen. ♣ A mistake in the name of the accused is NOT
o However, the offended party may appeal the civil equivalent, and does not necessarily amount to, a
aspect of the case and may, thus, file a special civil mistake in the identity of the accused, especially
action for certiorari questioning the decision/action when sufficient evidence is adduced to show that
of the court on jurisdictional grounds, prosecuting the accused is pointed as one of the perpetrators of
the case in his own personal capacity. the crime. BUT his identity must be proven.
o If accused is a juridical person, state its name or
An information is an accusation in writing charging a any name or designation by which it is known or by
person with an offense subscribed by the prosecu- which it may be identified.
tor and filed with the court. 2. The designation of the offense given by statute
• It is NOT required to be “sworn”, unlike a complaint. o As determined by the recital of the ultimate facts ad
o Because the prosecutor is already under the oath of circumstances in the information, NOT by the cap-
his office to uphold the truth; it is his duty to always tion or preamble of the information or by the specifi-
swear only the truth cation of the provision of law alleged to have been
• It is also filed in the name of the People of the violated
Philippines against all persons who appear to be o In designating the offense, the following rules must
responsible for the offense involved. be observed:
• An infirmity in the information, such as lack of a. The name given to the offense by statute must be
authority of the officer signing it, cannot be cured by stated in the complaint or information. If the statute
silence, acquiescence, or even by express consent. gives no designation to the offense, then reference
Hence, in this case, the court does not acquire ju- must be made to the section or subsection punish-
risdiction over the accused and the subject matter ing it.
of the accusation. b. Include an averment of the acts or omissions
constituting the offense
Complaint vs. Information c. Specify the qualifying and aggravating circum-
stances of the offense (if not specified, cannot be
considered in the imposition of the penalty because
COMPLAINT accused cannot be held liable for an offense graver
Must be “sworn” hence, under oath than that for which he was indicted.)
Subscribed by the offended party, any peace officer, or o Even if the designation of the crime was defective,
other public officer charged with the enforcement of what is controlling is the allegation of facts in the
the law violated information that comprises a crime and adequately
May be filed either in court or in the prosecutor’s office describes the nature and cause of the accusation
against the accused.
Usually refers to felonies which cannot be prosecuted
de officio ♣ The failure to designate the offense by the statute
or to mention the specific provision penalizing the
INFORMATION act or an erroneous specification of the law violated
No oath required does NOT vitiate the information if the acts alleged
clearly recite the facts constituting the crime
Subscribed by the prosecutor charged.
Filed with the court ♣ The failure to specify the correct crime committed
Usually refers to public crimes
will NOT bar conviction of the accused.
3. The acts or omissions complained of as constituting
Duplicity of the offense in an information or complaint the offense
means the joinder of 2 or more separate and dis- o No matter how conclusive and convincing the
tinct offenses in one and the same information or evidence of guilt may be during trial, an accused
complaint. cannot be convicted of any offense unless it is
• The general rule is that a complaint or an infor- properly charged in the information on which he is
mation must charge only one offense. More than tried or is necessarily included therein.
one offense may however, be charged when the o The rule is that a variance between the allegation in
law prescribes a single punishment for various of- the information and proof adduced during trial shall
fenses. be fatal to the criminal case if it is material and prej-
• An objection (MTQ) must be timely interposed udicial to the accused so much so that it affects his
(before trial) whenever a complaint or information substantial rights.

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o It is not necessary to employ the words used in the Remedies available for Complaint and
statute alleged to have been violated; it is sufficient
for the complaint or information to use ordinary Information:
and concise language sufficient to enable a per- 1. Motion for bill of particulars
son of common understanding to know the offense
being charged, the acts and omissions complained 2. Motion to quash the information
of, and the qualifying and aggravating circum- 3. Appeal
stances alleged. 4. Motion to dismiss or withdraw the information
o The specific acts need not be described in detail; it 5. Motion to amend or substitute the complaint or
is enough that the offense be described with suffi- information
cient particularity such that a person of ordinary
intelligence immediately knows what he is being
charged with. AMENDMENT AND SUBSTITUTION OF THE
4. The name of the offended party COMPLAINT OR INFORMATION
o The complaint or information must state the name
and surname of the person against whom or AMENDMENT VS. SUBSTITUTION
against whose property the offense was committed,
or any appellation or nickname by which such per- Both may be made before or after arraignment
son has been or is known. If there is no better way
of identifying him, he must be described under a AMENDMENT
fictitious name. Formal or substantial changes
o In cases of offenses against property: Can be effected without leave of court
♣ If the name of the offended party is unknown, the Only as to form, there is no need for another PI and
property must be described with such particularity retaking of plea
as to properly identify the offense charged. The amended information refers to the same offense
♣ If the name of the true name of the person against charged in the original information or to an offense
which is included in the original charge
whom or against whose property the offense was Can invoke double jeopardy
committed is thereafter disclosed or ascertained,
the court must cause such true name to be inserted
in the complaint or information and the record. SUBSTITUTION
5. The approximate date of the commission of the Substantial changes
offense Must be with leave of court
o Exact date is not necessary, except when the date Another PI is entailed and accused has to plead anew
is a material element of the offense. Generally, the Involves a different offense which does not include
offense may be alleged to have been committed on those provided in the original charge
a date as near as possible to the actual date of its Cannot invoke double jeopardy
commission.
6. The place where the offense was committed
o It is sufficient if it can be understood from its
AMENDMENT of the Complaint or Information
allegations that the offense was committed or some • It may be amended through 2 ways: (1) Formal
of its essential ingredients occurred at some place motion of the prosecution [done before or after
within the jurisdiction of the court, unless the partic- plea], and (2) presentation of evidence [during trial]
ular place where it was committed constitutes an • Rationale: due process
essential element of the offense charged or is nec- • If the amendment is made before the accused
essary for its identification. enters his plea, the complaint or information may be
• Test: whether the crime is described in intelligible amended in form or in substance, without the
terms with such particularity as to apprise the ac- need for leave of court, EXCEPT when:
cused, with reasonable certainty, of the offense 1. The amendment downgrades the nature of the
charged. offense charged, OR
• Purpose: to enable the accused to suitably prepare 2. The amendment excludes any accused from the
for his defense, since he is presumed to have no complaint or information.
independent knowledge of the facts that constitute
the offense -- These exceptions require leave of court and a motion
by the prosecutor, with notice to the offended party.
• The sufficiency of an information may be assailed, -- The Court is then mandated by the rule to state its
but such right is NOT absolute. An accused is reasons in resolving the motion of the prosecutor
deemed to have waived this right if he fails to object and to furnish all parties, especially the offended
upon his arraignment or during trial. party, of copies of its order.
o However, evidence presented during trial can still • If the amendment is made after the plea of the
cure the defect in the information. accused and during the trial, any formal amend-
• Objections relating to the form of the complaint or ment may only be made under 2 conditions, name-
information cannot be made for the first time on ly:
appeal. The accused-appellant should file before 1. Leave of court must be secured; AND
arraignment either a Motion for bill of particulars or
MTQ, otherwise he is deemed to have waived his 2. The amendment does not cause prejudice to the
objections to any formal defect in the information. rights of the accused.
-- A substantial amendment is NOT allowed at this
stage, except if beneficial to the accused.
-- Test as to WON a defendant is prejudiced by the
amendment:

REVIEWER ON CRIMINAL PROCEDURE 23


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a. whether a defense under the information as it


originally stood would be available after the
amendment is made, and
b. whether any evidence the defendant might have
would be equally applicable to the information in the
one form as in the other.

2 Kinds of Amendment:
(test: Does it alter the nature of the de-
fense?)
1. Formal Amendment merely states with additional
precision something which is already contained in
the original information, and which, therefore adds
nothing essential for conviction for the crime
charged.
o Examples:
a. New allegations which relate only to the range of
penalty that the court might impose in the event of
conviction; 


b. One which does not charge another offense distinct


from that already charged; 


c. Additional allegation which do not alter the pros-


ecution’s theory of the case so as to surprise the
accused or affect the form of defense he has or will
assume; 


d. One which does not adversely affect any sub-


stantial right of the accused, such as his right to
invoke prescription.
2. Substantial Amendment consists of the recital of
facts constituting the offense charged and determi-
native of the jurisdiction of the court. All other mat-
ters are merely of form.

SUBSTITUTION of the Complaint or Information


• A complaint or information may be substituted if it
appears at any time before judgment that a mistake
has been made in charging the proper offense.
o In such a case, the court shall dismiss the original
complaint or information once the new one charging
the proper offense is filed, PROVIDED the accused
will not be placed in double jeopardy.
• Subject to the Section 19, Rule 119, when it
becomes manifest at any time before judgment that
a mistake has been made in charging the proper
offense and the accused cannot be convicted of the
offense charged or any other offense necessarily
included therein, the accused shall not be dis-
charged if there appears good cause to detain him.
The court shall commit the accused to answer the
proper offense and dismiss the original case upon
the filing of the proper information. 


REVIEWER ON CRIMINAL PROCEDURE 24


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THE CIVIL ASPECT • The civil action may also proceed independently of
the criminal action when reservation to institute the
The prime purpose of the criminal action is to punish civil action separately is made. The reservation
the offender in order to deter him and others from shall be made before the prosecution starts pre-
committing the same or similar offense, to isolate senting its evidence and under circumstances af-
him from society, reform and rehabilitate him or, in fording the offended party a reasonable opportunity
general, to maintain social order. In the other hand, to make such reservation.
the sole purpose of the civil action is for the reso- o Instances where reservation to file the civil action
lution, reparation or indemnification of the private separately shall NOT be allowed:
offended party for the damage or injury he sus-
tained by reason of the delictual or felonious act of 1. BP 22 cases
the accused. 2. Cases cognizable by the Sandiganbayan
3. Tax cases
Implied institution of the civil action with the • No counterclaim, cross-claim or third-party com-
plaint may be filed by the accused in the criminal
criminal action case, but any cause of action which could have
• When a criminal action is instituted, the civil action been the subject thereof may be litigated in a sepa-
for the recovery of the civil liability arising from the rate civil action.
offense charged shall be deemed instituted with the
criminal action, unless the offended party: When separate civil action is suspended
a. Waives the civil action, • After the criminal action has been commenced, the
b. Reserves the right to institute it separately, or separate civil action arising therefrom cannot be
o The reservation shall be made before the prose- instituted until final judgment has been entered in
cution starts presenting its evidence. It is to be the criminal action.
made under circumstances that would afford the o Preference is given to the resolution of the criminal
offended party a reasonable opportunity to make action.
such reservation. ♣ This will necessarily result in a delay in the dis-
o No reservation of the civil action in BP 22, as the
criminal action shall be deemed to include the cor- position of the civil action which may have been
responding civil action. However, it does not prohibit already filed or of the action the right to the filing of
the waiver of the civil action or the institution of the which has been reserved.
civil action prior to the criminal action. ♣ Remedy to avoid such delay: The offended party
c. Institutes the civil action prior to the criminal action. may move for the consolidation of the civil action
• Generally, a criminal case has 2 aspects, the civil with the criminal action in the court trying the crimi-
and the criminal. The reason for the implied insti- nal action.
tution of the criminal action is the principle that ♣ When there is no such consolidation, and the civil
every person criminally liable for a felony is also action is suspended or the civil action cannot be
civilly liable (RPC 100), except when no actual
damage results from an offense. instituted separately until after final judgment is
rendered in the criminal action, the prescriptive pe-
• The law allows the merger of the criminal and the riod of the civil action shall be tolled during the pen-
civil action to avoid multiplicity of suits, because a dency of the criminal action.
separate civil action would only prove to be costly, o Only for civil action arising from the offense charged
burdensome and time-consuming for both parties
and further delay the final disposition of the case. - If the civil action was commenced before the insti-
tution of the criminal action, the civil action shall be
• However, this rule does not apply before the filing of suspended in whatever stage it may be found be-
the criminal action or information. fore judgment on the merits, once the criminal ac-
• In case of judgment of conviction, the trial court tion is filed. The suspension shall last until final
should also state the civil liability or damages judgment is rendered in the criminal action.
caused by the wrongful act or omission to be re- • The civil action, which should be suspended after
covered from the accused by the offended party, the institution of the criminal action, is that arising
where it is applicable. from delict or crime.

The real parties in the civil aspect of a decision are the Rule on filing fees
offended party and the accused. Hence, either
the offended party or the accused may appeal the • Filing fees apply when damages are being claimed
civil aspect of the judgment despite the acquittal of by the offended party.
the accused. • There are no filing fees required for actual damages
claimed, unless required by the Rules. (e.g. BP22
and estafa cases)
When a civil action may proceed independently • Filing fees shall be paid by the offended party upon
• Under the Rules, only civil liability arising from the the filing of the criminal action in court where he
crime charged is deemed instituted. Hence, the civil seeks for the enforcement of the civil liability of the
actions under the Civil Code, specifically Articles accused by way of moral, nominal, temperate or
32, 33, 34, and 2176, remain separate, distinct, and exemplary damages but other than actual dam-
independent of any criminal prosecution although ages, and where the amount of such damages is
based on the same act. This civil action is also dis- specified in the complaint or information.
tinct from the civil action which is the consequence
of the alleged criminal act. o If not specified but, any of the damages is sub-
sequently awarded, the filing fees assessed in ac-
• By the clear terms of Article 2177 of the Civil Code, cordance with the Rules, shall constitute a first lien
the responsibility arising from a quasi-delict is en- on the judgment awarding such damages.
tirely separate and distinct from the civil liability
arising from negligence under the Penal Code.

REVIEWER ON CRIMINAL PROCEDURE 25


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Effect of death of the accused on the civil action • Nonetheless, before the employers' subsidiary
liability is enforced, adequate evidence must exist
• Upon the death of the accused or convict, criminal establishing that:
liability is extinguished.
1. they are indeed the employers of the convicted
• As regards civil liability: employees
o When death occurs before the arraignment, 
 2. they are engaged in some kind of industry
the case is dismissed without prejudice to filing of 3. the crime was committed by the employees in the
civil action against estate of the deceased discharge of their duties; and
o When death occurs after arraignment and during 4. the execution against the latter has not been
pendency of criminal action, it 
 satisfied due to insolvency.
extinguishes civil liability arising from the delict
o When death occurs during pendency of appeal
extinguishes criminal liability and the civil liability A prejudicial question is an issue involved in a civil
based thereon case which is similar or intimately related to the
issue raised in the criminal action, the resolution of
• Independent civil actions instituted under Articles which determines WON the criminal action may
32, 33, 34 and 2176, Civil Code, or those instituted proceed.
to enforce liability arising from other sources of • It is that which arises in a case, the resolution of
obligation may be continued against the estate or which is a logical antecedent of the issue involved
legal representative of the accused after proper
substitution or against his estate. in that case.
• As regards the parties in the civil action, the heirs of • To constitute a prejudicial question, the rule also
the accused may be substituted without requiring requires, aside from the related issues, that the civil
the appointment of an executor/administrator. The action be instituted previously or ahead of the crim-
court may appoint guardian ad litem for the minors. inal action.
• The court shall order the legal representatives to • Rationale: to avoid 2 conflicting decisions in the
appear and be substituted within 30 days from no- civil case and in the criminal case.
tice.
REQUISITES FOR A PREJUDICIAL QUESTION:
Effect of acquittal or the extinction of the penal 1. The civil case involves facts intimately related to
those upon which the criminal prosecution would be
action on the civil action or civil liability based
• The extinction of the penal action does not carry 2. In the resolution of the issue/s raised in the civil
with it the extinction of the civil action where: action, the guilt or innocence of the accused would
1. The acquittal is based on reasonable doubt as only necessarily be determined
preponderance of evidence is required 3. Jurisdiction to try said question must be lodged in
2. The court declares that the liability of the accused is another tribunal
only civil 4. The civil action is instituted prior to the institution of
3. The civil liability of the accused does not arise from the criminal action
or is not based upon the crime of which the ac-
cused was acquitted It may NOT be invoked in any of the following situa-
• However, the civil action based on delict may be tions:
deemed extinguished if there is a finding in a final 1. Both cases are criminal
judgment in the criminal action that the act or omis- 2. Both cases are civil
sion from which the civil liability may arise did not 3. Both cases are administrative
exist. 4. One case is administrative and the other is civil
5. One case is administrative and the other is criminal
Effect of payment of the civil liability 6. If one case is civil and the other is criminal BUT the
• Payment of civil liability does not extinguish criminal criminal case was instituted prior to the civil case
liability. • Effect: Where both a civil and a criminal case
• While there may be a compromise upon the civil arising from the same facts are filed in court, the
liability arising from the offense, such compromise criminal case takes precedence, except if there
shall not extinguish the public action for the imposi- exists a prejudicial question which should be re-
tion of the legal penalty. solved first before an action could be taken in the
criminal case.
Effect of judgment in the civil case absolving the
A petition for the suspension of the criminal action
defendant based upon the pendency of a prejudicial question
• A final judgment rendered in a civil action absolving in a civil action may be filed.
a defendant from civil liability is not a bar to a crimi- • The rule authorizing the suspension of the criminal
nal action against the defendant for the same act or case does not prescribe the dismissal of the crimi-
omission subject of the civil action. nal action. It only authorizes its suspension.
• The suspension shall be made upon the filing of a
Subsidiary liability of employer petition for suspension; hence, motu proprio sus-
• The provisions of the Revised Penal Code on pension is NOT allowed.
subsidiary liability are deemed written into the • Since a petition to suspend can be filed only in the
judgments in cases to which they apply. Thus, in criminal action, the determination of the pendency
the dispositive portion of its decision, the trial court of a prejudicial question should be made at the first
need not expressly pronounce the subsidiary liabili- instance in the criminal action, and not before the
ty of the employer. SC in an appeal from the civil action

REVIEWER ON CRIMINAL PROCEDURE 26


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• Where there is a prejudicial question, the action to


be suspended is the criminal and not the previous-
ly instituted civil action.
• When to file petition for suspension: It does not
require that the criminal case be already filed in
court; it is sufficient that the case be in the stage of
PI as long as there has already been a previously
instituted civil case.
• Where to file petition for suspension: may be
filed in the office of the prosecutor or the court con-
ducting the PI; If criminal action has been filed in
court for trial, petition shall be filed in the same
criminal action at any time before the prosecution
rests.

Remedies available:
1. Motion to consolidate civil and criminal action
2. Appeal
3. Petition for certiorari (Rule 65)
4. Petition for suspension of criminal case

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May the court vary the conditions of a bail, as prescribed


BAIL by law, so as to impose additional ones upon the
defendant and his bondsmen?
Rule 114, Rules of Court. No. Such might result in the imposition of excessive
bail, which is prohibited by law.
Define bail. However, where the likelihood of the accused jumping
The security given for the release of a person in cus- bail or committing other harm to the citizenry is
tody of the law, furnished by him or a bondsman, feared, the court may impose other conditions of
conditioned upon his appearance before any court granting bail:
as required under the conditions specified by Rule (1) It could increase the amount of the bail bond to an
114. (Rule 114, Sec. 1). appropriate level.
(2) To require the accused to report in person periodi-
What is the purpose of bail? cally to the court and make an accounting of his
To relieve an accused from imprisonment until his con- movements.
viction and yet secure his appearance at the trial. (3) The accused might be warned that trial may pro-
ceed in absentia if his absence is unjustified.
What are the forms of bail?
May the court prohibit a person admitted to bail from
Corporate surety. leaving the Philippines?
Any domestic or foreign corporation licensed as a sure- Yes. A court has the power to prohibit a person admit-
ty in accordance with law and currently authorized ted to bail from leaving the Philippines. This is a
to act as such may provide bail by a bond sub- necessary consequence of the nature an function of
scribed jointly by the accused and an officer duly a bail bond.
authorized by its board of directors.
The condition imposed upon the accused to make him-
Property bond. self available at all times whenever the court the
An undertaking constituted as a lien on the real proper- requires his presence operates was a valid restric-
ty given as security for the amount of the bail. tion on his right to travel.

Cash deposit. May a person under detention by legal process be


The accused or any person acting in his behalf may released to transferred?
deposit in cash with the nearest collector of internal No, except upon order of the court, or when he is ad-
revenue, or provincial, city or municipal treasurer. mitted to bail.
Recognizance.
An obligation of record entered into before some court What is the constitutional provision on the right to bail?
or magistrate duly authorized to take it, with the All persons, except those charged with offenses pun-
condition to some particular act. ishable by reclusion perpetua when the evidence of
guilt is strong, shall, before conviction, be bailable
Does the suspension of the writ of habeas corpus carry by sufficient sureties or be released on re-
cognizance as may be provided by law. The right to
with it the suspension of the right to bail? bail shall not be impaired even when the privilege of
No. Art. III, Sec. 13 of the 1987 Constitution mandates habeas corpus is suspended. Excessive bail shall
that the right to bail shall not be impaired even not be required. (Art. III, Sec. 13, 1987
when the privilege of the writ of habeas corpus. Constitution).

What does bail guarantee? When does the right of bail accrue?
(a) Upon its approval, it shall be effective and remain in When a person is arrested or is deprived of liberty.
force at all stages of the case until its final determi-
nation, unless the proper court directs others; When is bail a matter of right?
(b) The accused shall appear appear before the proper (a) before or after conviction by the Metropolitan Trial
court whenever so required by the Court by the Court, Municipal Trial Court, Municipal Trial Court in
Rules; Cities, or Municipal Circuit Trial Court, and
(c) The failure of the accused to appear at the trial (b) before conviction by the Regional Trial Court of an
without justification despite due notice shall be offense not punishable by death, reclusion perpet-
deemed an express waiver of his right to be present ua, or life imprisonment.
thereat. In such case, the trial may proceed in ab-
sentia.
Where the accused in entitled as a matter of right to bail,
(d) The bondsman shall surrender the accused to the
court for execution of the final judgment. may the court refuse to grant him bail, on the ground that
there exist a high degree of probability that the accused
What are the contents of the original papers of the bail? will abscond or escape?
(a) The full name and address of the accused. No. The right to bail may not be denied even where the
(b) The amount of the undertaking and the conditions accused has previously escaped detention, or by
herein required. reason of his prior absconding.
(c) Photographs (passport size) taken within the last six The only power of the court is to increase the bond to
months showing the face, left and right profiles of such mount as would willfully tend to secure the
the accused. presence of the defendant when it is wanted, such
amount to be subject to the constitutional provision
that excessive bail shall not be required.

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Supposing an accused who is entitled to bail as a matter When may the appellate court review the resolution of
of right has previously jumped bail, may the court refuse the Regional Trial Court as to the application for bail?
to release him on bail the second time? The appellate court may, motu proprio or on motion of
No. Where bail is a matter of right, the accused is not any party after notice to the adverse party in either
excepted from such right and bail must be allowed case.
irrespective of whether or not he has previously
jumped bail. Is the judicial discretion to grant of deny bail in capital
offenses absolute?
What is the appropriate the remedy when an accused No. Discretion of inferior courts are limited by the ap-
who is entitled to bail as matter of right, is denied that plicable provisions of the Constitution, statutes and
right? rules promulgated by the Supreme Court.
The appropriate remed is mandamus to compel the trial Is an accused charged with a capital offense or one
judge to admit the accused to bail.
The writ of habeas corpus may also be used to procure punishable by reclusion perpetua entitled to bail as a
admission to bail but is cannot be used where the matter of right if he appeals his conviction to the
accused is not entitled to bail as a matter of right. Supreme Court?
No. The conviction in the lower courts clearly imports
Will habeas corpus lie when the accused is out on bail? that the evidence of guilt of the offense charged is
No. A person out on bail is not so restrained of his liber- strong.
ty as to be entitled to a writ of habeas corpus, which
is only justified by actual or physical restraint. Does the prosecution have the right to present evidence
fro the denial of bail?
When is bail a matter discretion?
Upon conviction by the Regional Trial Court of an of- When bail is a matter of right, the prosecution does not
fense not punishable by death, reclusion perpetua, have the right to present evidence for the denial of
bail.
or life imprisonment.
When bail is a matter of discretion, the prosecution
It shall be denied if the evidence of guilt is strong. The must be given opportunity to present all the evi-
court’s discretion is limited to determine whether or
not evidence of guilt is strong. Once it is determined dence that it may desire to introduce.
that evidence of guilt is not strong, bail becomes a
matter of right. When the evidence of guilt of the accused, in cases of
capital offense is strong, is the fiscal always bound to
May an application for bail be filed and acted upon by oppose his application for vail?
the trial court despite the filing of a notice of appeal? No. The fiscal may or may not oppose the application.
Yes, provided the court has not transmitted the original Since the burden of showing that the evidence of
record to the appellate court. guilt is strong is on the prosecution, the fiscal is free
to satisfy or not to satisfy that burden.
Where is the application for bail filed if the decision of
May the right to bail be waived?
the trial court convicting the accused changed the nature
Yes. The right to bail is another constitutional right that
of the offense from non-bailable to bailable? may be waived. It is a right which is personal to the
The application for bail can only be filed with and re- accused.
solved by the appellate court.
Is bail a matter of right in deportation proceedings?
May the accused be allowed to continue on provisional No. Deportation proceedings do not partake the nature
liberty during the pendency of the appeal should the of a criminal action.
court grant the application,?
Yes, under the same bail subject to the consent of the Is the right to bail available in the military?
bondsman. No. The unique structure of the military and national
security measure justify the denial from the military
What are the circumstances where the accused shall be the right to bail.
denied bail, or his bail shall be cancelled, if the penalty Is an order granting bail res judicata as to the state and
imposed by the trial court is imprisonment exceeding six the accused?
years? Yes. After the right has been determined by an order in
(a) That he is a recidivist, quasi-recidivist, or habitual favor of the accused, the question is closed and
delinquent, or has committed the crime aggravated cannot be reopened, in order to permit the prosecu-
by the circumstance of reiteration; tion to introduce new evidence.
(b) That he has previously escaped from legal con-
finement, evaded sentence, or violated the condi- Define a capital offense.
tions of his bail without valid justification; A capital offense is an offense which, under the law
(c) That he committed the offense while under proba- existing at the time of its commission and of the
tion, parole, or conditional pardon; application for admission to bail, may be punished
(d) That the circumstances of his case indicate the with death.
probability of flight if released on bail; or
(e) That there is undue risk that he may commit anoth- How is capital nature of an offense determined?
er crime during the pendency of the appeal. By the penalty prescribed by law.

REVIEWER ON CRIMINAL PROCEDURE 29


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What is the rule on bail in cases of capital offenses What are the factors to consider in fixing the amount of
punishable by reclusion perpetua or life imprisonment, bail?
not bailable? (a) Financial ability of the accused to give bail;
No person charged with a capital offense, or an offense (b) Nature and circumstances of the offense;
punishable by reclusion perpetua or life imprison- (c) Penalty for the offense charged;
ment, shall be admitted to bail when evidence of (d) Character and reputation of the accused;
guilt is strong, regardless of the stage of the crimi-
nal prosecution. (e) Age and health of the accused;
(f) Weight of the evidence against the accused;
Describe the procedure to secure the release on bail of a (g) Probability of the accused appearing at the trial;
person accused of an offense punishable by reclusion (h) Forfeiture of other bail;
perpetua or death. (i) The fact that accused was a fugitive from justice
when arrested; and
(1) The accused must file an application for bail. (j) Pendency of other cases where the accused is on
(2) Notice of the hearing go the application must be bail.
given to the fiscal or require him to submit his rec-
ommendation. Is excessive bail allowed?
(3) There should be a hearing of the application for the No. Excessive bail shall not be required. The Constitu-
purpose of enabling the court to exercise its sound tion so commands. To allow such would render the
discretion as to whether or not under the Constitu-
tion and the laws the accused is entitled to bail. The right to bail meaningless.
hearing should be summary or otherwise in the
discretion of the court. Who may provide bail by surety bond?
(4) The fiscal has the burden of proof to show that the Any domestic or foreign corporation, licensed as a
accused is not entitled to bail because the proof of surety in accordance with law and currently autho-
guilt is strong. rized to act as such, may provide bail by a bond
(5) The accused has the right to cross-examine and to subscribed jointly by the accused and an officer of
introduce his own evidence to establish his right to the corporation duly authorized by its board of di-
bail. rectors.
(6) The judges must decide whether the evidence of
guilt is strong or not. This is a ministerial duty. If it is May the court requires the accused to post a cash bond
not strong, the application must be granted. instead of a surety bond?
(7) The accused must be discharged upon its accep- No. The trial court may not reject otherwise acceptable
tance of the bail. sureties and insist that the accused post a cash
bond. There should be not revenue on the part of
When bail is a matter of discretion, who has the burden the government.
of proof in showing that the evidence of guilt is strong? What is a property bond and how is it posted?
The prosecution has the burden of showing that evi-
dence of guilt is strong at the hearing of an applica- A property bond is an undertaking constituted as lien
tion for bail filed by a person who is in custody for on the real property given as security for the
the commission of an offense punishable by death, amount of the bail. Within ten (10) days after the
reclusion perpetua, or life imprisonment. approval of the bond, the accused shall cause the
annotation of the lien on the certificate of title on file
with the Register of Deeds if the land is registered,
Is the evidence presented during the bail hearing or if unregistered, in the Registration Book on the
reproduced at the trial? space provided therefor, in the Registry of Deeds
Yes. The evidence presented during the bail hearing for the province or city where the land lies, and on
shall be considered automatically reproduced at the the corresponding tax declaration in the office of the
trial, but upon motion of either party, the court may provincial, city and municipal assessor concerned.
recall any witness for additional examination unless Within the same period, the accused shall submit to the
the latter is dead, outside the Philippines, or other- court his compliance and his failure to do so shall
wise unable to testify. be sufficient cause for the cancellation of the prop-
erty bond and his re-arrest and detention.
When is evidence of guilt considered strong?
If it is clear and strong, leading a well guarded and dis- What are the qualifications of sureties in property bond?
passionate judgment to the conclusion that the of- (a) Each must be a resident owner of real estate within
fense has been committed, that the accused is the the Philippines;
guilty agent, and that he will probably be punished (b) Where there is only one surety, his real estate must
capitally is the law be administered. be worth at least the amount of the undertaking;
(c) If there are two or more sureties, each may justify in
What are the contents of the court order granting or an amount less than that expressed in the under-
refusing bail? taking but the aggregate of the justified sums must
It must contain a summary of the evidence of the pros- be equivalent to the whole amount of bail demand-
ecution followed by its conclusion whether or not ed.
the evidence of the guilt is strong. In all cases, every surety must be worth the amount
specified in his own undertaking over and above all
May the application for bail waive his right to be heard? just debts, obligations and properties exempt from
execution.
Yes. He waives it where he agrees to a joint hearing
and thereafter asks for, or consent to, repeated
postponements.

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What should the affidavit of justification of sureties judge, municipal trial judge, or municipal circuit trial
contain? judge in the province, city, or municipality; or
(c) with any regional trial court of the place where he is
Every surety shall justify by affidavit taken before the arrested, or if no judge thereof is available, with any
judge that he possesses the qualifications of a sure-
ty. metropolitan trial judge, municipal trial judge, or
municipal circuit trial judge therein.
He must describe the property given as security, stating Second, where the grant of bail is a matter of discre-
the nature of his title, its encumbrances, the number tion, or the accused seeks to be released on re-
and amount of other bails entered into by him and cognizance, the application may only be filed in the
still undischarged, and his other liabilities.
court where the case is pending, whether on prelim-
The court may examine the sureties upon oath con- inary investigation, trial, or on appeal.
cerning their sufficiency in such manner as it may Third, is a person in custody who is not yet charged in
deem proper. court may apply for bail with any court in the prov-
ince, city, or municipality where he is held.
Who may deposit the cash bond?
The accused or any person acting in his behalf. Is notice of an application for bail to the fiscal
necessary?
Where may the deposit of the cash bond be made?
Yes. The court must give reasonable notice of the
With the nearest collector or internal revenue or pro- hearing to the prosecutor or require him to submit
vincial, city, or municipal treasurer the amount of his recommendation.
bail fixed by the court, or recommended by the
prosecutor who investigated or filed the case.
What is reasonable notice?
Upon submission of a proper certificate of deposit and
a written undertaking showing compliance with the It means at least three days before the hearing.
requirements of section 2 of this Rule, the accused
shall be discharged from custody. When may the accused be discharged by the court.
Upon approval of the bail by the judge with whom it
What is liability of the cash deposit? was issued.
The money deposited shall be considered as bail and If bail is filed with a court other than where the case is
applied to the payment of fine and costs while the pending, the judge who accepted the bail shall for-
excess, if any, shall be returned to the accused or ward it, together with the order of release and other
to whoever made the deposit. supporting papers, to the court where the case is
pending. The latter court may, for good reason,
In what cases is bail not required? require a different one to be filed.
(a) A person charged with violation of a municipal or
city ordinance, a light felony with a prescribed May the court increase the amount of bail posted by the
penalty of not more than 6 months and/or fine of accused?
P2,000.00, subject to exceptions. (See RA 6036) Yes. After the accused is admitted to bail, the court
(b) Offenders who have undergone preventive impris- may, upon good cause, either increase or reduce its
onment for a period equal to or more than the pos- amount.
sible maximum imprisonment of the offense When increased, the accused may be committed to
charged two which he may be sentenced and his custody if he does not give bail in the increased
case is not yet terminated. (See Art. 29 RPC) amount within a reasonable period.

When shall a person in custody by released without How may a reduction of bail be obtained?
putting bail? Either by a simple application to the court, or by
(1) When a person has been in custody for a period habeas corpus, where the amount thereof is clearly
equal to or more than the possible maximum im- disproportionate to the offense or is unreasonable
prisonment prescribe for the offense charged, he or excessive.
shall be released immediately, without prejudice to
the continuation of the trial or the proceedings on May the accused initially release without bail be
appeal. subsequently required to give bail?
(2) In case the maximum penalty to which the accused Yes. An accused held to answer a criminal charge, who
may be sentenced is destierro, he shall be released is released without bail upon filing of the complaint
after thirty (30) days of preventive imprisonment. or information, may, at any subsequent stage of the
proceedings and whenever a strong showing of
When shall a person in custody be released on a reduced guilt appears to the court, be required to give bail in
bail or on his recognizance? the amount fixed, or in lieu thereof, committed to
A person in custody for a period equal to or more than custody.
the minimum of the principal penalty prescribed for
the offense charged, without application of the Inde- State the procedure for the forfeiture of the bail bond?
terminate Sentence Law or any modifying circum- (1) When the presence of the accused is required by
stance, shall be released on a reduced bail or on the court or these Rules, his bondsmen shall be
his own recognizance, at the discretion of the court. notified to produce him before the court on a given
date and time.
Where is the venue of an application for bail? (2) If the accused fails to appear in person as required,
First, bail in the amount fixed may be filed — his bail shall be declared forfeited.
(a) with the court where the case is pending; or (3) The bondsmen given thirty (30) days within which
(b) in the absence or unavailability of the judge thereof, to: (a) produce the body of their principal or give the
with any regional trial judge, metropolitan trial reason for his non-production; and (b) explain why

REVIEWER ON CRIMINAL PROCEDURE 31


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the accused did not appear before the court when What is the remedy of the surety if the court denies the
first required to do so. petition for the cancellation of the bond?
Failing in these two requisites, a judgment shall be
rendered against the bondsmen, jointly and several- An appeal against the order denying the petition be-
cause of its final character.
ly, for the amount of the bail. The court shall not
reduce or otherwise mitigate the liability of the
bondsmen, unless the accused has been surren- What are the methods by which sureties may relieve
dered or is acquitted. themselves from responsibilities?
The bondsmen may arrest the principal and deliver him
What is the duty of the bondsman over the accused? to the proper authorities or, upon written authority
To produce the accused bodily in court when so re- endorsed on a certified copy of the undertaking,
quired. It is well settled in jurisprudence that a sure- cause him to be arrested by a police officer or any
ty is the jailer of the accused and is responsible for other person of suitable age and discretion.
the latter’s custody. The sureties do not need to secure a warrant of arrest.

Wha the is the proper remedy from a judgment of When may an accused released on bail be rearrested
forfeiture? without bail?
Appeal, or in some cases certiorari especially when the An accused released on bail may be re-arrested with-
trial court had already issued a writ of execution. out the necessity of a warrant if he attempts to de-
part from the Philippines without permission of the
When may the bail bond be cancelled? court where the case is pending.
Pending trial upon application of the bondsmen, with
due notice to the prosecutor and upon surrender of May bail be allowed after final judgment?
the accused or proof of his death. No. No bail shall be allowed after the judgment of con-
viction has become final. Finality of the judgment
Is the notice to the fiscal for the cancellation of the bail terminates the criminal proceeding.
bond necessary. The judgment is final if the accused does not appeal
the conviction or sentence, or in case of appeal, the
Yes. When the sureties wish to have their bond can- judgment of conviction has been finally affirmed.
celled and to be discharged from liability they
should file an application for such discharge with
due notice to the fiscal. When may the accused be allowed temporary liberty
after final judgment?
For the purpose of discharge of a bondsman, is it Although the judgment of conviction is final, if the ac-
sufficient that the produces the accused before the cused has applies for probation before finality, he
may be allowed temporary liberty under his bail.
court? When no bail was filed or the accused is incapable of
No. For a surety to be discharged it is necessary that filing one, the court may allow his release on re-
he petitions the court for relief from liability and that cognizance to the custody of a responsible member
the court grants the petition and cancels the bond. of the community.
What is the effect of the cancellation of the bond and the May bail be allowed after the accused has commenced
consequent arrest of the accused? serving sentence?
The surety was discharged from the moment of cancel- No. In no case shall bail be allowed after the accused
lation and the bail bond ceased to be in force and is has commenced to serve sentence.
beyond recall.
What is the purpose of the court supervision over
May the bondsman apply for cancellation of the bail
detainees?
bond of an accused who escaped after arrest? To verify and eliminate unnecessary detention.
No. It is the obligation of the bondsman to keep the
accused at all times under his surveillance.
What is the role of the executive judges in the exercise of
What is the effect of an acquittal of the accused or such supervisory authority?
dismissal of the case on the bond? (a) To conduct monthly personal inspections of pro-
vincial, city, and municipal jails and their prisoners
The bail shall be deemed automatically cancelled upon within their respective jurisdictions.
acquittal of the accused, dismissal of the case, or (b) To ascertain the number of detainees, inquire on
execution of the judgment of conviction.
their proper accommodation and health and exam-
ine the condition of the jail facilities.
Is the arrest of the accused on another charge while he (c) To order the segregation of sexes and of minors
is out on bail ipso facto discharge the bondsman of his from adults, ensure the observance of the right of
undertaking under the bail bond? detainees to confer privately with counsel, and
No. The bondsman is still bound to produce the ac- strive to eliminate conditions inimical to the de-
cused by the undertaking. The bondsman must tainees.
inform the court of the event so that it may take (d) To submit a monthly report of such visitation shall
appropriate action and the decree the discharge of be submitted by the executive judges to the Court
the surety, Administrator which shall state the total number of
detainees, the names of those held for more than
thirty (30) days, the duration of detention, the crime
charged, the status of the case, the cause for de-
tention, and other pertinent information.

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D2019

What is the role of the municipal trial judges or municipal


circuit trial judges on the matter?
(a) To conduct monthly personal inspections of the mu-
nicipal jails in their respective municipalities,
(b) To submit a report to the executive judge of the Re-
gional Trial Court having jurisdiction therein.

Does an application for or admission to bail bars the


accused from challenging the validity of his arrest or the
legality of the warrant issued?
No. An application for or admission to bail shall not bar
the accused from challenging the validity of his ar-
rest or the legality of the warrant issued therefor, or
from assailing the regularity or questioning the ab-
sence of a preliminary investigation of the charge
against him, provided that he raises them before
entering his plea.
The court shall resolve the matter as early as practica-
ble but not later than the start of the trial of the
case. 


REVIEWER ON CRIMINAL PROCEDURE 33


D2019

Is the arraignment of the accused under the amended


ARRAIGNMENT AND PLEA information mandatory?
What is arraignment? Yes. The accused has the constitutional right to be in-
formed of the charged against him.
Arraignment consists of reading the information to the However, if the amendment is only as to form, there is
accused and asking him, in open court whether or no need for the retaking of the plea of the accused.
not he is guilty of what is alleged against him.
It is that stage wherein an accused, for the first time, is May the accused be convicted of all the offenses alleged
granted the opportunity to know the precise charge
that confronts him. in the information without being arraigned for one
offense charged therein?
What is the purpose of arraignment? No. The accused may be sentenced for as many of-
To obtain from the defendant his answer — his plea to fenses as are charged in the information only if the
the information, and to fix his identity. accused is formally arraigned and required to plead
It is imperative that he is made fully aware of possible on all the offenses charged.
loss of liberty or life.
Must the fact of arraignment and plea appear in the
Where must the accused be arraigned? record of the case?
Before the court where the complaint or information Yes. Both arraignment and plea shall be made of
was filed or assigned for trial. record, but failure to do so shall not affect the validi-
ty of the proceedings.
How is the arraignment made?
The arraignment shall be made in open court by the When are irregularities in the arraignment deemed
judge or clerk by waived?
(a) furnishing the accused with a copy of the complaint By failing to object thereto in the trial court.
or information, Also, the moment an accused enters his plea, he is
(b) reading the same in the language or dialect known deemed to have abandoned his right to question an
to him, and irregularity that surrounds it.
(d) asking him whether he pleads guilty or not guilty.
The prosecution may call at the trial witnesses other What is a plea?
than those named in the complaint or information. A plea is the matter which the accused, on his arraign-
ment, alleges in answer to the charge against him.
What is the purpose of the requirement of furnishing the In every criminal case, there must be a plea by the
accused with a list of witnesses for the prosecution upon defendant or the equivalent of one.
arraignment?
To advice the accused of what witnessed will be used What is the purpose of a plea?
against him during the trial and to safeguard him To make an issue. Without an issue, there is nothing to
against surprise. be tried and nothing on which the judgment and
sentence of a court can be properly predicated.
Is the accused entitled to know in advance the names of The plea of not guilty raises an issue of fact and not of
all prosecution witnesses? law. The effect is to put in issue the entire question
of guilt.
No. The success of the prosecution may be engen-
dered is such right is granted. The time for the ac- How should the plea to a complaint or information be
cused to know the witnesses is when they take the
witness stand. made?
It must be made personally in open court and the plea
May the prosecution call at trial witnesses other than shall be made of record.
those named in the complaint or information?
Yes. The prosecution may all at the trial witnesses oth- What is the effect on the judgment of conviction when
er than those named in the complaint or informa- there is an absence of an opportunity to plead?
tion. It is fatal to conviction. The judgment will be reversed
and the case remanded for a new trial.
How should defendants jointly indicted be arraigned?
They may be arraigned separately or together, al- How should the plea of the accused who refused to plead
though their trials may be separate. or makes a conditional plea be entered?
When the accused refuses to plead or makes a condi-
Is the presence of the accused at the arraignment tional plea, a plea of not guilty shall be entered for
indispensable? him.
Yes. The accused must be present at the arraignment
and must personally enter his plea. How should the plea of the accused who pleads guilty
but presents exculpatory evidence be entered?
Is arraignment mandatory? When the accused pleads guilty but presents exculpa-
Yes. Failure to arraign the defendant is fatal to the crim- tory evidence, his plea shall be deemed withdrawn
inal action. and a plea of not guilty shall be entered for him.

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D2019

Describe the proceedings when the accused is under May the accused be allowed to enter a plea of guilty to a
preventive suspension. lesser offense?
(1) Within 3 days from the filing of the information or Yes. At arraignment, the accused, with the consent of
complaint, the case shall be raffled and its records the offended party and the prosecutor, may be al-
transmitted to the judge to whom the case was raf- lowed by the trial court to plead guilty to a lesser
fled. offense which is necessarily included in the offense
(2) The accused shall be arraigned within 10 days from charged.
the date of the raffle. After arraignment but before trial, the accused may still
(3) The pre-trial conference of his case shall be held be allowed to plead guilty to said lesser offense
within 10 days after arraignment. after withdrawing his plea of not guilty.

Is the private offended party required to appear at the Is there a need to amend the complaint or information
arraignment? when the accused pleads guilty to a lesser offense?
Yes. The private offended party shall be required to No amendment of the complaint or information is nec-
appear at the arraignment for purposes of plea bar- essary.
gaining, determination of civil liability, and other
matters requiring his presence. What is the effect of the conviction for the lesser offense
to which the accused pleaded guilty?
What is the effect of the failure of the offended party to The conviction shall be equivalent to a conviction of the
appear at the arraignment. offense charged for purposes of double jeopardy.
In case of failure of the offended party to appear de- But, if the plea of guilty to a lesser offense is made
spite due notice, the court may allow the accused to without the consent of the fiscal and the offended
enter a plea of guilty to a lesser offense which is party, the conviction shall not be a bar to another
necessarily included in the offense charged with the prosecution for an offense which necessarily in-
conformity of the trial prosecutor alone. cludes the offense charged in the former informa-
tion.
What is the period for arraignment?
Unless a shorter period is provided by special law or What is the duty of the court when the accused pleads
Supreme Court circular, the arraignment shall be guilty to a capital offense?
held within thirty (30) days from the date the court The court shall conduct a searching inquiry into the
acquires jurisdiction over the person of the ac- voluntariness and full comprehension of the conse-
cused. quences of his plea and require the prosecution to
The time of the pendency of a motion to quash or for a prove his guilt and the precise degree of culpability.
bill of particulars or other causes justifying suspen- The accused may present evidence in his behalf.
sion of the arraignment shall be excluded in com-
puting the period.
Is it mandatory for the court to receive evidence when
What is the effect of a plea of confession or avoidance? the accused pleads guilty to a non-capital offense?
It is equivalent to a plea of not guilty — it is where a No, it is discretionary. When the accused pleads guilty
defendant, upon being arraigned, admits the allega- to a non- capital offense, the court may receive
tions of the informations and avers that the criminal evidence from the parties to determine the penalty
action or liability has been extinguished and sub- to be imposed.
mits the case for decision upon the question of law
raised. When may an improvidence plea of guilty be withdrawn?
At any time before the judgment of conviction becomes
What is the nature of a plea of guilty? final, the court may permit an improvident plea of
It is a judicial confession of guilt — an admission of all guilty to be withdrawn and be substituted by a plea
the material facts alleged in the information, includ- of not guilty.
ing the aggravating circumstances.
What are the duties of the court when the accused
Does the plea of guilty cure the jurisdiction defects of an appears at the arraignment without counsel?
an information. Before arraignment, the court shall inform the accused
No. A plea of guilty waived only the defects which may of his right to counsel and ask him if he desires to
be taken advantage of by motion to quash or by have one.
plea in abatement. Unless the accused is allowed to defend himself in
person or has employed a counsel of his choice,
What is the effect of a plea of guilty induced by fear, the court must assign a counsel de oficio to defend
him.
misapprehension, persuasion, promises inadvertence or
ignorance on a judgment? Who may be appointed as counsel de oficio?
It will not bind the defendant. A plea of guilty must be The court, considering the gravity of the offense and
entirely voluntary. the difficulty of the questions that may arise, shall
appoint as counsel de oficio only such members of
When may a plea of guilty be the basis for conviction? the bar in good standing who, by reason of their
When the defendant admits absolutely and uncondi- experience and ability, can competently defend the
tionally, hid guilt and responsibility for the offense accused.
imputed to him.

REVIEWER ON CRIMINAL PROCEDURE 35


D2019

May the court admit of assign a person who is not a


member of the Bar to aid the accused in his defense?
Yes. In localities where such members of the bar are
not available, the court may appoint any person,
resident of the province and of good repute for pro-
bity and ability, to defend the accused.

What is the time allotted to the counsel to prepare for


arraignment?
Whenever a counsel de oficio is appointed by the court
to defend the accused at the arraignment, he shall
be given a reasonable time to consult with the ac-
cused as to his plea before proceeding with the
arraignment.

When may an accused move for a bill of particulars?


Before arraignment, the accused may move for a bill of
particulars to enable him properly to plead and to
prepare for trial.

What shall a motion for a bill of particulars contain?


The motion shall specify the alleged defects of the
complaint or information and the details desired.

When may the accused ask the court for the production
or inspection of material evidence in the possession of
the prosecution?
Upon motion of the accused showing good cause and
with notice to the parties, the court, in order to pre-
vent surprise, suppression, or alteration, may order
the prosecution to produce and permit the inspec-
tion and copying or photographing of:
(a) any written statement given by the complainant and
other witnesses in any investigation of the offense
conducted by the prosecution or other investigating
officers; and
(b) any designated documents, papers, books, ac-
counts, letters, photographs, objects or tangible
things not otherwise privileged, which constitute or
contain evidence material to any matter involved in
the case and which are in the possession or under
the control of the prosecution, police, or other law
investigating agencies.

When may arraignment be suspended?


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

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D2019

What course of action may the court take if it sustains a


QUASHAL motion to quash?
What is the function of the motion to quash? If the motion to quash is sustained, the court may or-
der:
It is the proper way of objecting to a complaint or infor- (a) The dismissal of the information.
mation for insufficiency on its face in the point of
law, or for defects which are apparent in the face of (b) The filing of a new information. If the accused is in
the information, or for defects which although not custody, shall not be discharged unless admitted to
apparent on the face of the information but consti- bail. If no order is made or if having been made, no
tutes defense of the accused. new information is filed within the time specified in
the order or within such further time as the court
may allow for good cause, the accused, if in cus-
When may a motion to quash the complaint or tody, shall be discharged unless he is also in cus-
information be filed? tody for another charge.
At anytime before the accused enters his plea.
In resolving a motion to quash, is the guilt or innocence
Are there instances where a motion to quash may be of the accused involved?
filed after plea? No. A motion to quash presents a preliminary question
Yes. A motion to quash may be filed after plea on the of law.
following grounds: An order sustaining the motion to quash is not a bar to
(a) Failure to charge an offense; another prosecution for the same offense unless
(b) lack of jurisdiction over the offense charged; the motion was based on the following grounds:
(c) extinction of the offense or penalty; (a) That the criminal action or liability has been extin-
guished; or
(d) jeopardy.
(b) That the accused has been previously convicted or
(Sec. 9, Rule 117.) acquitted of the offense charged, or the case
against him was dismissed or otherwise terminated
What are the grounds for a motion to quash a complaint without his express consent.
or information?
(a) That the facts charged do not constitute an offense; What is meant by jeopardy?
(b) That the court trying the case has no jurisdiction Jeopardy means exposure to danger — when a person
over the offense charged; is prosecuted before a court, he is exposed to dan-
(c) That the court trying the case has no jurisdiction ger in that he is peril of life or liberty.
over the person of the accused;
Classify the rule on double jeopardy.
(d) That the officer who filed the information had no
authority to do so; (1) A prohibition on double jeopardy for the same of-
(e) That it does not conform substantially to the pre- fense (the one contemplated by the Rules of Court).
scribed form; (2) A prohibition on double jeopardy for the same act
(f) That more than one offense is charged except when which is a violation of both a law and an ordinance.
a single punishment for various offenses is pre-
scribed by law; What are the requisites for the invocation of the
(g) That the criminal action or liability has been extin- protection of double jeopardy?
guished; (1) The accused has been convicted or acquitted, or
(h) That it contains averments which, if true, would the case against him dismissed or otherwise termi-
constitute a legal excuse or justification; and nated without his express consent.
(i) That the accused has been previously convicted or (2) The court had competent jurisdiction.
acquitted of the offense charged, or the case (3) The complaint or information or other formal charge
against him was dismissed or otherwise terminated was valid and sufficient in form and substance to
without his express consent. sustain a conviction
(4) The accused had pleaded to the charge.
When may the court order the amendment of a motion to (5) There is a subsequent prosecution for the offense
quash? charged, or for any attempt to commit the same or
If the motion to quash is based on an alleged defect of frustration thereof, or for any offense which neces-
the complaint or information which can be cured by sarily includes or is necessarily included in the of-
amendment. fense charged in the former complaint or informa-
tion.
What is the effect if the motion to quash is based on the
When does jeopardy begin?
if the motion to quash is based on the ground that the
Only when the defendant has been duly arraigned be-
facts charged do not constitute an offense? fore a court of competent jurisdiction and has
The prosecution shall be given by the court an oppor- pleaded not guilty.
tunity to correct the defect by amendment.
The motion shall be granted if the prosecution fails to When may it be said that the two offenses are identical?
make the amendment, or the complaint or informa- Where there is identity between the two offenses —
tion still suffers from the same defect despite the when the evidence to support a conviction for one
amendment. offense would be sufficient to warrant a conviction
for the other.

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D2019

What are the the exceptions to the identity rule?


(a) The graver offense developed due to supervening
facts arising from the same act or omission consti-
tuting the former charge;
(b) The facts constituting the graver charge became
known or were discovered only after a plea was
entered in the former complaint or information; or
(c) The plea of guilty to the lesser offense was made
without the consent of the prosecutor and of the
offended party except as provided in section 1 (f) of
Rule 116.
In any of the foregoing cases, where the accused satis-
fies or serves in whole or in part the judgment, he
shall be credited with the same in the event of con-
viction for the graver offense.

When may a case be provisionally dismissed?


Only when the dismissal is with the express consent of
the accused and with notice to the offended party.

When shall provisional dismissal become permanent?


The provisional dismissal of offenses punishable by
imprisonment not exceeding 6 years or a fine of any
amount, or both, shall become permanent 1 year
after issuance of the order without the case having
been revived.
With respect to offenses punishable by imprisonment of
more than 6 years, their provisional dismissal shall
become permanent 2 years after issuance of the
order without the case having been revived.

What is the effect of the failure of the accused to file a


motion to quash or allege any ground in the motion?
The failure of the accused to assert any ground of a
motion to quash before he pleads to the complaint
or information shall be deemed a waiver of any ob-
jections, except when the motion is based on the
following grounds
(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 extin-
guished;
(d) That the accused has been previously convicted or
acquitted of the offense charged, or the case
against him was dismissed or otherwise terminated
without his express consent.


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D2019

PRELIMINARY CONFERENCE TRIAL


WHEN? WHEN?
Before conducting the trial After a plea of not guilty is entered
- the accused shall have at least 15 days to prepare
WHAT IS IT? for trial.
A stipulation of facts that may be entered into by the - The trial shall commence 30 days from the receipt
parties. OR the accused may be allowed to enter a of the pre-trial order.
plea of guilty to a lesser offense OR such other
matters to clarify issues and to ensure speedy dis- EXCEPTIONS [SEC 3]
position of the case. Exclusions from the computation of the time within
- No admission by the accused shall be used against which trial must commence (the 180 days)
him UNLESS reduced to writing and signed by the (A) Any period of delay resulting from other pro-
accused and his counsel.
ceedings concerning the accused, including but not
- A refusal or failure to stipulate shall not prejudice limited to the ff:
the accused. 1. Examination of the physical and mental condition of
the accused
Difference of Pre-Trial and Preliminary 2. With respect to other criminal charges against the
Conference accused
3. Extraordinary remedies against interlocutory orders
4. pre-trial proceedings; provided, that the delay does
PRE-TRIAL not exceed thirty (30) days;
After arraignment and within 30 days from the date the 5. orders of inhibition, or proceedings relating to
Court acquires jurisdiction over the person change of venue of cases or transfer from other
courts;
PRELIMINARY CONFERENCE 6. from a finding of the existence of a prejudicial
The court shall not order the arrest of the accused ex- question; and
cept for failure to appear whenever required. Re- 7. attributable to any period, not exceed thirty (30)
lease of the person arrested shall either be on bail days, during which any proceeding which any pro-
or on recognizance by a responsible citizen accept- ceeding concerning the accused is actually under
able by the Court. 
 advisement.
(B) Any period of delay resulting from the absence or
unavailability of an essential witness.
- absent when his whereabouts are unknown or his
whereabouts cannot be determined by due dili-
gence.
- unavailable whenever his where- abouts are
known but his presence for trial cannot be ob-
tained by due diligence.
(C) Any period of delay resulting from the mental in-
competence or physical inability of the accused to
stand trial.
(D) If the information is dismissed upon motion of the
prosecution and thereafter a charge is filed against
the accused for the same offense, any period of
delay from 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.
(E) A reasonable period of delay when the accused is
joined for trial with a co-accused over whom the
court has not ac- quired jurisdiction, or, as to whom
the time for trial has not run and no motion for sepa-
rate trial has been granted.
(F) Any period of delay resulting from a continuance
granted by any court motu proprio, or on motion of
either the accused or his counsel, or the prosecu-
tion, if the court granted the continuance on the
basis of its findings set forth in the order that the
ends of justice served by taking such action out-
weigh the best interest of the public and the ac-
cused in a speedy trial.

Computation for the length of trial period


Generally: the entire trial period shall not exceed
180 days from the first day of trial, except as other-
wise authorized by the Supreme Court.
- Trial once commenced shall continue from day to
day as far as practicable until terminated.

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- It may be postponed for a reasonable time, for a Consolidation of trials of related offenses [Sec
good cause.
- It shall, after consultation with the prosecutor and 22]
defense counsel, set the case for continuous trial Charges may be tried jointly at the discretion of the
on a weekly or other short-term trial calendar at the courts if
earliest possible time so as to ensure speedy trial. - Charges for offenses founded on the same facts or
- Forming part of a series of offenses of similar
Continuance character

WHEN GRANTED [WHAT FACTORS ARE NECESSARY When mistakes have been made in charging the
FOR GRANTING CONTINUANCE?] proper offense [Sec 19]
a) When failure to do so would likely make a con- The court shall commit the accused to answer for the
tinuation of such proceeding impossible or result in proper offense and dismiss the original case upon
a miscarriage of justice; and the filing of the proper information if the ff. occur.
b) the case as a whole is so novel, unusual and - At any time before judgment
complec
- It becomes apparent that a mistake has been made
o due to the number of accused or in charging the proper offense and
o the nature of the prosecution or - The accused cannot be convicted of the offense
o that it is unreasonable to expect adequate charged or any other offense necessarily included
preparation within the periods of time established therein
therein - He shall not be discharged if there is good cause to
detain him
WHEN NOT GRANTED
1. congestion of the court’s calendar TRIAL IN ABSENTIA
2. lack of diligent preparation of prosecutor or Happens when accused is not present during trial or
3. failure to obtain available witnesses on the part of when the accused jumps bail, escapes, or dies.
the prosecutor
Remedies
New Trial 1. Demurrer to evidence – after the prosecution rests
Time limit following an order for new trial [Sec 5] its case. & on the ground of insufficiency of evi-
dence [Sec 23]
- the trial shall commence within 30 days from notice
of the order of new trial a. With leave of court
- EXCEPT: if it is impractical due to unavailability of b. Without leave of court
witnesses and other factos, the court may extend 2. Reopening [Sec 24] – at any time before judgment
but not to exceed 180 from notice of said order for & to avoid miscarriage of justice
new trial. 3. Exclusion of the public [Sec 21] – except court
personnel and counsel
TRIAL PROCEDURE a. Motu proprio
A. Order of Trial [Sec 11] b. On motion of the accused
a. The prosecution shall present evidence to prove the 4. Other Remedies
charge and, in the proper case, the civil liability. a. Motion to Surpress Evidence
b. The accused may present evidence to prove his b. Motion to Expunge Extrajudicial Confession
defense and damages, if any, arising from the is- c. Motion to have Separate Trial
suance of a provisional remedy in the case. d. Motion to Examine Witness
c. The prosecution and the defense may, in that order, e. Motion to Continuance
present rebuttal and sur-rebuttal evidence unless
the court, in furtherance of justice, permits them to f. Motion to Dismiss
present additional evidence bearing upon the main i. after filing of information and Court makes de-
issue. termination on probable cause
d. Upon admission of evidence of the parties, the case ii. before arraignment, when there is motion to quash
shall be deemed submitted for decision information OR
- Unless the court directs them to argue orally or to iii. During trial- after the prosecution presents evidence
submit written memoranda and rests its case (M to Dismiss for insufficiency of
e. When the accused admits the act or omission Evidence aka Demurrer to Evidence)

charged in the complaint o information but interpos-
es a lawful defense, the order of trial may be modi-
fied.
Trial of several accused [Sec 16]
Joint tried
- When two or more accused
- Jointly charged with an offense
- EXCEPT: the court, in its
a) Discretion and
b) Upon motion of the prosecutor or any accused,
orders separate trial for one or more accused.

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D2019

JUDGEMENT Clerk of Court give notice to accused personally or thru


bondsman/warden/counsel requiring presence at
¬ Adjudication by court that accused is guilty or not promulgation served to last known address if
and imposition of proper penalty and civil liability if jumped bail/escaped
any.
¬ Written in official language, personally/directly
prepared by judge and sgd by him IN CASE OF FAILURE TO APPEAR:
• Contain clearly/distinctly statement of facts and law
decision is based upon Despite notice, promulgation made by recording
judgement and serving copy to last known address
or counsel
CONTENTS: If for conviction and failed to appear w/o justifiable
• Conviction: 1) legal qualification of offense con- Cause lose remedies available against judgement
stituted by acts committed + aggravating/mitigating + ordered arrested
circumstances 2) participation of accused in offense W/in 15d from judgement, accused may surrender and
as principal/accomplice/or accessory 3) penalty file motion for leave of court to avail of remedies.
imposed 4) civil liability/damages UNLESS sep civil explain absence, allowed remedies w/in 15d from
action reserved or civil liability waived notice if justifiable (ESSENTIALLY, MOTION TO
• Acquittal: state whether evidence of prosec ab- SET ASIDE THE ORDERS)
solutely failed to prove guilt or merely failed to 2 separate 15 day periods
prove guilt beyond reasonable doubt
• EITHER CASE: determine if A/O from w/c civil Judgement may be modified or set aside upon motion
liability might arise exists or not of accused before it becomes final or before appeal
is perfected
2 OR MORE OFFENSES IN 1 COMPLAINT: • EXCEPT where death penalty is imposed,
court may convict of as many offenses as charged and judgement becomes final after lapse of period for
proved and impose penalty for each, separate find- perfecting appeal or when sentence has been par-
ings of fact/law for each unless accused objects tially or totally served or when accused waives in
before trial writing his right to appeal or applied for probation
• Ex. More offenses committed but only 1 prescribed • AFTER FINALITY: entered in accordance w R36
penalty = Usually Complex Crimes (RULE ON EXECUTION)
Nothing in this rule affects any existing provision for
suspension of sentence, probation or parole
IN CASE OF VARIANCE BET. ALLEGATION AND
PROOF JUDGEMENT BECOMES FINAL WHEN PERIOD OF
offense charged is included in OR includes the offense APPEAL HAS ALREADY LAPSED AND NO AP-
proved accused convicted of offense proved w/c is PEAL TAKEN + OTHER REASONS
included in offense charged OR offense charged w/ • Ex. Accused applies for probation
c is included in offense proved
• Partially/fully satisfied sentence
• Includes offense proved = essential elements/
ingredients constitute the offense proved • Accused waives in writing his right to appeal
• Necessarily included in offense proved = essential
ingredients of offence charged form a part of of- DOES NOT BECOME FINAL IF DEATH PENALTY IS
fense proved IMPOSED (auto review *See Appeal)

PROMULGATION: PROBATION:
reading in the presence of accused and any judge of
court in w/c it was rendered if light offense = may Court may, after conviction and upon application of
defendant suspend execution of sentence, place
be pronounced in presence of counsel or rep defendant on probation for period and terms it
• May be promulgated by clerk of court in case judge deems best
is absent or out of town Filed w/ TC, notice to appellate court if appeal taken =
• Trial/Promulgation In absentia: allowed if jumped waiver of right to appeal or auto withdrawal of such
bail waived his right to be present (absence w/o order granting/denying probation is not appealable
justification + due notice in Bail conditions)
♣ If escapee
♣ Light offense Promote correction/rehab of offender by providing indi-
♣ Any other reason w/o justification and due notice vidualized treatment
Opportunity for reform, less probable if serving prison
sentence
If accused is confined/detained in another province/city • Prevent commission of offenses
promulgated by exec judge of RTC w/ jurisdiction over
place of confinement upon request of court w/c rendered Post sentence Investigation = needed before probation
judgement granted best interest of the public for it
• Court promulgating will have authority to accept • Submit report w/in 60d from receipt of order to
notice of appeal + approve bail bond pending ap- investigate court resolve probation petition w/in 5d
peal (PROVIDED, if decision of TC changed of- from report receipt
fense from nonbailable to bailable, app for bail only ♣ May be allowed on temp. bail or recognizance
filed/resolved by appellate court)

REVIEWER ON CRIMINAL PROCEDURE 41


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CRITERIA: denied if = 1) in need of correctional a. Period of settlement for parties, suspended for
treatment commitment to such institution would period nt exceeding 90d case included in trial cal-
help him 2)undue risk that during period of proba- endar immediately after lapse
tion, will commit crime 3) probation will depreciate b. Interloc order and pending resolution and higher
seriousness of crime committed court issues TRO/Prelim Injunc
c. Defendant w/o fault of plaintiff cant be served
DQed: summons w/in 6 mos from issuance of orig. sum-
• Max term of 6 yrs mons
• Convicted of offense against Sec. of State
• Previously convicted for offense w/ imprisonment of GENRULES:
not less than 1mo1d and/or fine not less than P200 ¬ Copies of archiving order furnished on both parties
• On probation once before • Special docket maintained
• Already serving sentence • Period review of archived cases by Presiding Judge
• Presiding judge motuproprio or on motion by any
CONDITIONS: party, revive archived case when ready for trial
• (a) present himself to the probation officer des- • Branch CoC submit to OCA consolidated list of
ignated to undertake his supervision at such place archived cases not later than 1st week Jan.
as may be specified in the order within seventy-two
hours from receipt of said order; After the prosec rests, what is the remedy?
• (b) report to the probation officer at least once a Demurrer - filed with prior leave or without leave (reck-
month at such time and place as specified by said on from the ruling of the offer of
officer. evidence)
The court may also require the probationer to: • Period to file a demurrer upon notice of leave being
• (a) cooperate with a program of supervision; granted upon the motion — 10
• (b) meet his family responsibilities; days from receipt of order
• (c) devote himself to a specific employment and not • What is the function of a demurrer? Motion to dismiss.
to change said employment without the prior written How then will the accused argue the contents of the
approval of the probation officer; demurrer? Insufficiency of evidence (prosec failed
• (d) undergo medical, psychological or psychiatric to establish the elements of the offense or failed to
examination and treatment and enter and remain in prove the allegations of the information)
a specified institution, when required for that pur- • Any other remedy available after the defense rests?
pose; After defense presents evidence, no more presen-
• (e) pursue a prescribed secular study or vocational tation of rebuttal of prosec — case submitted for
resolution
training;
• What can be filed before the case is considered for
• (f) attend or reside in a facility established for resolution? Motion to exclude evidence — filed be-
instruction, recreation or residence of persons on fore ruling on the offer of evidence (testimonial –
probation; before presentation ; documentary/object evi-
• (g) refrain from visiting houses of ill-repute; dence - after presentation)
• (h) abstain from drinking intoxicating beverages to - When is the offer (re: testimonial evidence) made
excess; during the judicial affidavit rule?
• (i) permit to probation officer or an authorized social Criminal/normal cases —same with Rule on Summary
worker to visit his home and place or work; Procedure (intention is to
• (j) reside at premises approved by it and not to abbreviate the proceedings)
change his residence without its prior written ap- - Modification or setting aside of judgment of conviction
proval; or (only accused may ask for this)
• (k) satisfy any other condition related to the re- - A memoranda is submitted before the case is sub-
habilitation of the defendant and not unduly restric- mitted for decision.
tive of his liberty or incompatible with his freedom of - Possible grounds for objection: exclusionary rule, fruit
conscience. of the poisonous tree doctrine etc. (substantive
grounds)
ARCHIVING OF CASES - Assuming there is no rebuttal and surrebuttal, is there
Crim case: a) only after issuance of warrant of arrest any remedy available
remains at large for 6mos from delivery of warrant for the parties?
to peace officer - Demurrer granted - dismissed case ; Demurrer de-
• Order archiving crim case requires peace officer to nied (filed w/ leave) -defense presents evidence ,
explain why not yet caught alias if orig warrant is judge sets hearing ; demurrer denied (filed w/o
returned together w/ report leave) – judge sets the case for decision
b) also motu proprio/motion of any party if proceeding - If no demurrer - witness - cross examine - redirect -
suspended indefinitely because 1. Unsound mental recross-examine - offer – comment from accused
condition unable to fully understand charge, plead - NOTE: Motion to discharge would be too late, it
intelligently 2. Valid PQ exists 3. Interloc order is should be filed BEFORE the prosec
pending resolution and higher court issued TRO or
prelim injunction 4. Accused jumped bail before rests/before the offer. You need kasi the testimony of
arraignment and cant be arrested by bondsmen that person!
(and no waiver of trial daw) - REBUTTAL: prosec presents evidence.
- SURREBUTTAL
Civil Case: motu proprio or motion of any party = • What is your remedy after the defense rests? (case
deemed submitted for resolution — reckoned from

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time submitted — right to speedy disposition of


cases vs. right to speedy trial)
• Wha t happens a f t e r judgment? (remedies)
- a) Motion for recon, b) motion for new trial, c) motion
to reopen, d) MR, e) Motion for modification of
judgment, f) [interim remedy] bail (court’s discretion
—when is it a matter of right? when is it a matter of
discretion? [if after conviction, and
for a non-capital offense] — where do you file bail? )
-Appeal

REVIEWER ON CRIMINAL PROCEDURE 43


D2019

NEW TRIAL OR RECONSIDERATION statements of witnesses ; does not need argument of


evidence presented previously
Any time before judgement or conviction becomes (Court may al low, but i t does not necessarily mean
final on motion of accused or its own instance but you will present different evidence. it may be the
w/ consent of accused, grant new trial/Recon SAME evidence but you just want to set aside the
“infected” proceedings — clean slate!) CONSE-
GROUNDS: QUENCES: As if there was no trial, set aside, take
1) errors of law or irreg prejudicial to substantial rights anew
of accused 2) Newly-discovered evidence
Ex. Objections against right to self incrimination not FORM: Suppor ted by affidavi t s of witnesses by whom
sustained, right to counsel denied, etc such evidence is expected to be given or by dul y
• THIS ONE ISN’T PRESENT IN THE CA RULES. authenticated copies of documents which are pro-
posed to be introduced in evidence (ROC 121, Sec.
CA GROUNDS FOR NEW TRIAL IS ONLY #2 (SEE 4) CONSEQUENCES: Evidence already reduced
SEC 14 R124)
shall stand and you’ll be allowed to present it
2) new and material evidence been discovered w/c
accused could not w/ reasonable diligence, have TEST (for newly-discovered evidence): WON with
proper diligence it would have
discovered and produced at trial and would proba-
bly change the judgement FOR NEW TRIAL been discovered during the trial, has to be material
¬ FOR RECON errors of law or fact in judgement w/ evidence that could change
c requires no further proceedings the judgment
¬ FORM for motion for new trial/recon: *SIMILARITIES:
• In writing As to form: 1) Motion that is required to be in writing,
state grounds on which it is based
• State grounds on w/c it is based
2) In both instances, there should be notice to the ad-
♣ If newly discovered evidence, support w/ affidavits verse party or the prosec As to period: Before
of witnesses who will give such evidence OR(and?) judgment becomes final, should be filed 15 days
duly authenticated copies of docs proposed to be before promulgation (Most of the post-judgment
evidence remedies will be reckoned from judgment or any
• NOTICE given to prosec period before finality)
¬ Court may hear evidence by affidavits or otherwise - B. Motion to reopen
for resolution of question of fact • Strict in the sense that it only raises one ground (to
avoid miscarriage of justice)
EFFECTS:
• a) When a new trial is granted on the ground of
errors of law or irregularities committed during the
trial, all proceedings and evidence affected thereby
shall be set aside and taken anew. The court may,
in the interest of justice, allow the introduction of
additional evidence.
• (b) When a new trial is granted on the ground of
newly-discovered evidence, the evidence already
adduced shall stand and the newly-discovered
and such other evidence as the court may, in the
interest of justice, allow to be introduced shall be
taken and considered together with the evi-
dence already in the record.
• (c) In all cases, when the court grants new trial or
reconsideration, the original judgment shall be set
aside or vacated and a new judgment rendered
accordingly.
LATEST TIME TO FILE: right before lapse of the period
of appeal

GROUNDS FOR NEW TRIAL:


-Should be filed before judgment of conviction be-
comes final (It becomes final
1) before the lapse of the period of appeal, (how to
count: ROC twentysomething)
2) sentence totally or partially served,
3) accused waives the right to file appeal — GR: 15
days (crim case) ; Exception: 30
days (if it is an appeal of a case that involves multiple
appeals, and the mode of appeal is a record on
appeal [e.g special proceedings, special civil ac-
tions, expropriation cases, this is not applicable to
crim actions!]) APPEAL: MTC to RTC, RTC to CA
1) Errors of finding of fact and law
FORM: Argue your ground (identify it), NO requirement
of affidavits and sworn

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APPEAL copies of duly certified transcript of notes of pro-


ceedings NO EXTENSION TIME EXCEPT
CRIM CASES: Always notice of appeal Record on GRANTED BY SC AND ONLY UPON JUSTIFI-
appeal is for CivPro/SpecPro cases. ABLE GROUNDS
¬ NOTICE OF APPEAL: file with court of origin
¬ Any party may appeal from judgement/final order TRANSMISSION OF PAPERS TO APPELATE COURT
EXCEPT if accused will be placed in double jeop- • W/in 5d from filing notice of appeal, CoC w/ whom
ardy notice of appeal was filed will transmit to appellate
court the complete records of case together with
WHERE: notice. original + 3 copies of transcript of notes
1. RTC in cases decided by MeTC, MTC, MCTC together w/ records also transmitted. Other copy of
transcript remains w/ lower court
2. CA or SC in proper cases provided by law, in cases
decided by RTC
APPEAL TO RTC
3. SC, in cases decided by CA
1. W/in 5d from perfection of appeal CoC transmit
orig record to appropriate RTC
HOW:
2. Upon receipt of complete record, transcripts and
1. Appeal to RTC or CA in cases decided by RTC in exhibits CoC of RTC shall notify parties
orig jd, filing notice of appeal w/ court w/c rendered
judgement + serving copy upon adverse party (15d) 3. w/in 15d from receipt of notice parties may submit
memoranda/briefs OR may be required by RTC to
2. Appeal to CA in cases decided by RTC in appellate do so
jd petition for review Rule 42 (15days extendable
by another 15d) • after submission or expiration of period to do so,
RTC shall decide on basis of entire record + memo-
3. Appeal to SC in cases where penalty imposed by randa/briefs
RTC is death, RP or life imprisonment OR lesser
penalty imposed but for offenses from same occur-
rence, gave rise to D/RP/LI file notice of appeal in TRANSMISSION IN CASE OF DEATH PENALTY
accordance w/ (1) • Records forwarded to SC w/in 5d AFTER the 15th
(15 days extendable by another 30d) day from promulgation/notice of denial of motion for
4. No notice of appeal necessary in cases where new trial/recon Transcript also forwarded w/in 10d
DP imposed by RTC automatic review by SC, Sec after filing by SR
10 of this rule (this is sec 3) • New rule: From RTC to CA to SC (rule 122, sec3(d)
5. EXCEPT as provided in R124, sec 13. All appeals is amended) [reason for this is clogging of SC]
to SC by petition for review R45
EFFECT OF APPEAL BY ANY OF SEVERAL ACCUSED
IF PERSONAL SERVICE TO ADVERSE PARTY/ • Appeal taken by 1 or more accused shall NOT
COUNSEL OF COPY OF NOTICE OF APPEAL affect those who did NOT appeal EXCEPT: if
NOT POSSIBLE may be done by registered mail or judgement of appellate court is favorable and ap-
subbed service pursuant to sec 7/8 R13 plicable to the latter
• Appeal of offended party from civil aspect shall
WAIVER OF NOTICE: NOT AFFECT criminal aspect
appellee (against whom appeal is filed) may waive right • Upon perfection of appeal, execution of judgement/
to notice that appeal taken. Appellate court may final order shall be stayed as to the appealing party
entertain appeal even w/ failure to give such notice
IF interests of justice require
WITHDRAWAL OF APPEAL: NOTWITHSTANDING
WHEN: PERFECTION OF APPEAL,
w/in 15d from promulgation of judgement or notice of • RTC,MeTC,MTC,etc MAY allow the appellant to
final order (denial of MR or New Trial) [see Yu v
Tatad: Fresh 15d rule after MR/New Trial denied. withdraw appeal BEFORE RECORD HAS BEEN
Aka Hindi na suspended lang] FORWARDED BY COC TO APPELLATE COURT
(once forwarded, judgement is final)
• Period for perfecting appeal suspended from time • RTC MAY also allow appellant to withdraw appeal
motion for new trial or reconsideration is filed until
notice of order overruling said motion is served from judgement of LCs PROVIDED: motion to that
upon accused or counsel effect is filed before rendition of judgement (or it
becomes final rin and case gets remanded for exe-
cution)
TRANSCRIBING/FILING NOTES OF STENOGRAPHIC Duty of CoC upon filing of notice of appeal ascertain, if
REPORTER confined in prison whether he desires RTC/CA/SC
• When notice of appeal filed by accused TC order to appoint de officio to defend him + transmit with
stenographic reporter to transcribe notes of pro- record of a form prepared by CoC of appellate
ceedings court, certificate of compliance w/ duty
• When filed by People TC order SR to transcribe
such portion of his notes of proceedings as the PROCEDURE IN CA
court (upon motion) shall specify in writing SR shall ¬ Title of the case – party appealing = appellant
certify to correctness of notes and transcript: origi- while adverse is appellee. Title of original case
nal + 4 copies, shall file them w/ clerk w/o unneces- stays
sary delay ¬ Assign counsel de oficio IF: (a) the accused is
• If death penalty imposed SR w/in 30d from pro- confined in prison, (b) is without counsel de parte
mulgation of sentence, file w/ clerk original + 4 on appeal, or (c) has signed the notice of appeal

REVIEWER ON CRIMINAL PROCEDURE 45


D2019

himself, the clerk of court of the Court of Appeals • New Trial will be conducted by CA or referred to
shall designate a counsel de oficio. court of origin
• MAY be assigned counsel de oficio even if not in ¬ MR: no 2nd MR
prison upon request assigned w/in 10d from receipt • Filed w/in 15d from notice of decision/final order of
of notice to file brief + establishes his right to one CA + copies served on adverse party w/ grounds.
¬ Entry of judgement of CA is issued, certified true
BRIEF FILED FOR APPELLANT: copy of judgement attached to original record and
w/in 30d from receipt by appellant/counsel of notice remanded to CoC from w/c appeal was taken
from CoC that evidence, oral and documentary, is ¬ Rules 42 44-46, 48-56 apply to crim cases as
attached to record 7 copies of brief w/ CoC + proof applicable and not inconsistent w/ provis of this rule
of service of 2 copies to appellee
PROCEDURE IN SC
BRIEF FILED FOR APPELLEE:
¬ Unless specific rule/constitution, Same as CA
w/in 30d from receipt of brief of appellant, appellee files
7 copies of brief w/ CoC + proof of service of 2 ¬ Review for CA decisions in crim case same as civil
copies to appellant w/in 20d from receipt of this cases
brief = appellant may file reply brief of matters ¬ When majority not reached deliberated again, if
raised by appellee but not by the appellant in his STILL no decision judgement of conviction is RE-
brief VERSED
EXTENSION OF TIME FOR FILING BRIEFS: not al- - MTC file notice of appeal w/in 15d from judgement,
lowed EXCEPT for good/sufficient cause + filed etc notice of timely filing of appeal AT RTC, Ap-
before expiration of time peal/Memoranda/Briefs
FORM: Briefs in double space on legal size good quali- WHO REPRESENTS THE STATE: OFFICE OF
ty unglazed paper, printed (330mm x 216mm) [re- PROSEC w/ RTC OSG w/ SB/CA
vised by Efficient Use of Paper Rule]
• CONTENTS: same as Sec 13/14 R44 + certified
copy of decision appended to brief of appellant POST-JUDGMENT REMEDIES
• *ROC 65 (alternative remedy)
• Contents of notice of appeal - read in conjunction with
DISMISSAL OF APPEAL: Sec. 5, Rule 41, 40, 42, 44
• CA may upon motion or motu proprio w/ notice to • File notice of appeal together w/ required contents
appellant dismiss if appellant fails to file brief w/in • Where do you file your application on bail? GR: File
time limit EXCEPT when represented by counsel de w/ court where records of the case are (follow the
oficio case records!) Exception: CA— If they change the
• May also dismiss if escapes/jumps bail/ flees during nature
pendency of the offense from bailable to non-bailable RTC —
¬ Appeals of accused under detention is PRE- “residual jurisdiction" (limited to
FERRED over other appeals earliest practicable confirming your notice of appeal) ; if a notice of appeal
time has been filed, prosec can file a motion to expunge
• Accused NOT needed to be present during hearing it or dismiss it on ground of being filed late, or it
of appeal doesn’t conform with the rules on required contents.
¬ POWERS/LIMITS of CA: Judgement reversed or So if the notice of appeal is defective, it can be
modified ONLY if substantial error injuriously af- stricken of by the RTC, meaning no records will be
fected substantial rights transmitted
• May reverse, affirm, modify, increase/reduce • After records of RTC are transmitted to CA, what
penalty, remand case, dismiss happens next? ROC 122, Sec. 8
• Try cases/hearings + receive evidence + resolve • CRIM CASES - 30- 30- 20 days
factual issues in cases: (a) falling within its original CIVIL CASES - 45 - 20 -20 days
jurisdiction, • MTC to RTC: ROC 122 in re ROC 40; pd. 15 days —
• (b) involving claims for damages arising from perfected (things to do to make
provisional remedies, or (c) where the court grants appeal timely/correct) - what to do, when to file. If not
a new trial based only on the ground of newly- dis- perfected you lose appeal —
covered evidence. errors of facts
¬ 3 justices of CA = quorum for division session • RTC to CA : ROC 124 in re: ROC 42; pet. for review
• Unanimous vote of 3 needed for judgement/final on certiorari; pd. 15 days, no
resolution (consultation before writing of opinion by extension except for most compelling reason ; file to
one) CA (pag petition, file to
♣ If no unanimous vote Presiding justice will direct resolving court) ; errors of facts and law; can still raise
raffle committee, designate 2 temp justices from CA questions of fact and law
justices = 5 members, majority decision needed • CA to SC : ROC 125 in re: ROC 45 —also pet for
• If death penalty/RP/LI they’ll render it but refrain review; pd. 15 days, extendable for 30 days; sub-
from entering such and elevate to SC ject: Only questions of law (NOT questions of fact)

MOTION FOR NEW TRIAL: POST CONVICTION REVIEW


anytime after appeal perfected from LC and before No Rules here. Just the 2 cases ma’am mentioned to
judgement of CA on ground of newly discovered focus on.
evidence • Yu vs. Tatad and Galman vs. Sandiganbayan
(Ruth’s compilation has this)

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D2019

AUSTRIA NOTES (ADDITIONAL): POST-CONVIC-


TION REVIEW
• As to judgment final: nothing left to be done ; inter-
locutory order: something can be done pa
• Extraordinary circumstances that causes court to
vacate judgment: Denial of due process, decision
was patently unjust, supervening developments in
law

REVIEWER ON CRIMINAL PROCEDURE 47