A PROJECT OF:

Pastoral Approach to Rehabilitation and Formation

(PAREFORM)
Diocese of Cubao, Quezon City
LEGAL RIGHTS EDUCATION

HANDBOOK
for Persons-in-Recovery (PIRs)
 INTRODUCTION

The present work is a compilation of modules designed to be

used to educate persons-in-recovery (PIRs) about their rights.
Consisting of four (4) modules good for three (3) sessions, this
series of legal rights education program focuses on specific
subjects and topics which are relevant to PIRs. It is important to
share the ideas behind the modules with the coordinators and
the resource persons so that the best may be achieved.

RESOURCE PERSON

This series should preferably be conducted by a resource

person who is ideally experienced and capable of
imparting the legal knowledge and answer legal
questions relating to the concerned topics. They are
expected to be good communicators with the ability to
deal with all kinds of participant- learners and to deal with
not so comfortable questions.

HOW TO USE THE MODULES

Participants of this series of lectures are PIRs whose

knowledge about the different topics vary. The modules
merely contain the most vital information sufficient to arm
participants in dealing with unlikable circumstances. The
simplicity of the modules also prevents information
overload among the audience. They are also designed
to make the lectures efficient and interesting.
 continuation…

Each module has three parts. The first part consists of the lecture
proper or topic discussion. The second part is the application of
the concepts in hypothetical situations. It is recognized that
learning is faster by applying the information imparted. The
lecturer will give different situations and apply the concepts
discussed to enable participants to have a better understanding
of the topics. This part is most likely interactive where the speaker
may ask questions from participants and vice versa. The last part
of the module is the open forum. This is the opportunity for the
participants to ask questions, and confirm or validate the
concepts and theories taught. They may raise any question
related to the topic discussed.

TIME MANAGEMENT

Given the limited attention span of participants, each

module comes with a time management plan. Each
module is expected to last for a maximum of two (2) hours,
breaktimes, included. At times it may not be possible to
strictly follow the plan as the actual time spent on each
part of the module will vary depending upon the flow of
the lecture. In case the time allotted turns out to be too
short, the speaker may reorganize the time plan to cover
the module. Considered in the time plan are those for ice
break, coffee/snacks, etc.

LEGAL RIGHTS EDUCATION METHODOLOGY USED

a) Lecture and Interactional discussion

Lecture coupled with interactional discussions are meant

to provide participants an opportunity for a more in-depth
learning. Participants may raise points for clarification,
hypothetical questions and others related to the topics.
 continuation…

In this process, they also feel to be important contributors of

additional insights. Resource persons may also fill the gap of
information with his/her own rich experience and learning.

b) Powerpoint presentation

Learning is more effective with the use of visual aids.

Powerpoint presentations not only simulates the minds of the
participants, it also helps them focus, keeping them from other
forms of distractions. The presentations are meant to structure
the lectures in an orderly and time-efficient manner. They also
highlight the most important information that the participants
need to familiarize, thus guiding them in the learning process.

c) Short lecture notes

Short lecture notes may or may not be handed out to the

participants depending on the topic discussed and the
availability of the resources based on the discretionary of the
coordinators. If distributed, lecture notes contain the most
basic information that would come in handy in specific
situations. They may contain important contact details of
persons or organizations and the possible help that they
could obtain from them. They may also contain tips on how
to act or manage circumstances.
 SESSION 1
MODULE 1:
INTRODUCTION TO HUMAN RIGHTS
(Universal Declaration of Human Rights, UDHR)
(1 HOUR)
 WHAT ARE HUMAN RIGHTS?

Human rights are those rights that belong to every individual — man or
woman, girl or boy, infant or elder — simply because he or she is a human
being. They embody the basic standards without which people cannot realize
their inherent human dignity.

PRINCIPLES OF HUMAN RIGHTS

a. Inherent

Human rights are inherent to all human beings. They are the birthright
of every member of the human family. No one has to earn or deserve
human right. These are rights not granted but are fundamentally innate
as soon as we are born. Because of its inherent characteristic, human
rights are protected even without a written law. The Universal
Declaration of Human Rights as well as other conventions and
declarations are mere codification of what already are recognized
human rights since the beginning of time.

b. Universal and Inalienable

“All human beings are born free and equal in dignity and rights” (Art. 1.
UDHR)

Human rights are universal because everyone is born with it and

possess the same equal rights regardless of nationality, residence,
gender, color, religion, language, educational background, or any other
status. All humans are equally entitled to our human rights without any
discrimination. They are inalienable because these rights can never be
taken away by any individual or government.
 c. Indivisible

Human rights, whether they relate to civil, cultural, economic, political

or social issues, are indivisible. No right is more important than the
other. All human rights have equal status and cannot be positioned in
an hierarchical order.

d. Interdependent and Interrelated

Human rights are interdependent and interrelated. The denial of one

right invariably impedes enjoyment of other rights. One right cannot be
compromised at the expense of other rights. In the same sense, the
improvement of one right facilitates the advancement of the others.

III. Basic Human Rights (Universal Declaration of Human Rights)

• Foundation blocks of UDHR

Article 1. Right to Equality
Article 2. Freedom from Discrimination

• Basic Individual Human Rights

Article 3. Right to Life, Liberty, Personal Security
Article 4. Freedom from Slavery
Article 5. Freedom from Torture and Degrading Treatment
Article 6. Right to Recognition as Person before the Law
Article 7. Right to Equality before the Law
Article 8. Right to Remedy by Competent Tribunal
Article 9. Freedom from Arbitrary Arrest and Exile
Article 10. Right to Fair Public Hearing
Article 11. Right to be Considered Innocent Until Proven Guilty
• Civil and Political Rights of Individuals
Article 12. Freedom from Interference with Privacy, Family, Home and
Correspondence
Article 13. Right to Free Movement in and out of the Country
Article 14. Right to Asylum in other Countries from Persecution
Article 15. Right to a Nationality and the Freedom to Change it
Article 16. Right to Marriage and Family
Article 17. Right to Own Property

• Spiritual and Religious Rights of Individuals

Article 18. Freedom of Belief and Religion
Article 19. Freedom of Opinion and Information
Article 20. Right of Peaceful Assembly and Association
Article 21. Right to Participate in Government and in Free Election
Article 22. Right to Social Security
Article 23. Right to Desire Work and to Join Trade Unions
Article 24. Right to Rest and Leisure
Article 25. Right to Adequate Living Standard
Article 26. Right to Education

• Spirit of the UDHR: Rights come with obligations

Article 27. Right to Participate in the Cultural Life of Community
Article 28. Right to a Social Order that Articulates this Document
Article 29. Community Duties Essential to Free and Full Development
Article 30. Freedom from State or Personal Interference in the above
Rights
 SESSION 1
MODULE 2:
BILL OF RIGHTS
(ART. III, 1987 PHILIPPINE CONSTITUTION)
(1 HOUR)
 WHAT IS THE BILL OF RIGHTS?

The Bill of Rights is a declaration and enumeration of a person’s right and

privileges which the Constitution designed to protect against violations by
the government or by and individual or group of individuals. It is the most
important part of the fundamental law since it aims at balancing the
powers of the government and the various freedoms of the individual. It
provides for two things:

1. Restrictions directed against the state

- the government exercises its tremendous powers, but its powers
are limited by the Constitution

2. Explicit identification and limitation of rights of the individuals

- the individuals are guaranteed of their rights, but subject also to
limitations in recognition of the powers of the government.

Classification of Constitutional Rights

(a) Civil rights or those rights belonging to individuals by virtue of their
citizenship, such as freedom to contract, right to property, and
marriage among others;

(b) Political rights which are rights pertaining to the citizenship of the
individual vis-à-vis the administration of the government, such as right
of suffrage right to hold office, and right to petition for redress of
wrong;

(c) Socio-economic rights or those which ensure the well-being and

economic security of an individual; and

(d) Rights of the accused which refer to protections given to the person of
an accused in any criminal case.
 RIGHT TO DUE PROCESS AND EQUAL PROTECTION

Life, Liberty, and Property

Sec. 1. No person shall be deprived of life, liberty, or property

without due process of law, nor shall any person be denied the
equal protection of the laws.

Scope of Protection: The protection covers all persons, whether citizens or

aliens, natural or juridical.

Life.
It refers not just to physical safety but also to the importance of quality of life.
Thus, right to life means right to be alive, right to one’s limbs against physical
harm, and, equally important, right to a good quality of life. Life means
something more than mere animal existence.

Liberty.
It includes “negative” and “positive” freedom. Negative freedom means
freedom from, or absence of, physical constraints, while positive freedom
means freedom to exercise one’s faculties. Right to liberty therefore includes
the two aspects of freedom and it cannot be dwarfed into mere freedom from
physical restraint or servitude, but is deemed to embrace the right of man to
enjoy his God-given faculties in all lawful ways, to live and work where he will,
to earn his livelihood by any lawful calling, to pursue any vocation, and enter
into contracts.

Property.
It refers either to the thing itself or right over the thing. As a thing, property is
anything capable of appropriation, and it could be personal or real. As a right,
it refers to right to own, use, possess, alienate, or destroy the thing. The
constitution uses property in the sense of right, and as such it includes, among
others, right to work, one’s employment, profession, trade, and other vested
rights.
 DUE PROCESS
It is a constitutional guarantee against hasty and unsupported deprivation of a
person’s life, liberty, or property by the government. While is it true that the
state can deprive its citizens of their life, liberty, or property, it must do so in
observance of due process of law. This right is “the embodiment of the
supporting idea of fair play” and its essence is that it is “a law which hears
before it condemns, which proceeds upon inquiry and renders judgment only
after trial.”

Two Aspects of Due Process

1. Procedural due process requires, essentially, the opportunity to be heard in

which every citizen is given the chance to defend himself or explain his side
through the protection of general rules of procedure. It contemplates
notice and opportunity to be heard before judgment is rendered.

• Notice - an essential element of procedural due process the purpose of

which is to inform the defendant of the nature and character of the
case filed against him, and more importantly, to give him a fair
opportunity to prepare his defense. Nevertheless, the notice is useless
without the opportunity to be heard.

• Opportunity to be Heard - requires not the “actual” hearing but a real

“opportunity” to be heard. If, for instance, a person fails to actually
appear in a hearing even though he was given the chance to do so, a
decision rendered by the court is not in violation of due process.

2. Substantive due process requires that the law itself is valid, fair, reasonable,
and just. For the law to be fair and reasonable it must have a valid objective
which is pursued in a lawful manner.
 EQUAL PROTECTION
The guarantee of equal protection means that “no person or class of persons
shall be deprived of the same protection of the laws which is enjoyed by other
persons or other classes in the same place and in like circumstances.” It means
that “all persons or things similarly situated should be treated alike, both as to
rights conferred and responsibilities imposed.”

The guarantee does not provide absolute equality of rights or indiscriminate

operation on persons. Persons or things that are differently situated may thus
be treated differently. Equality only applies among equals. What is prohibited
by the guarantee is the discriminatory legislation which treats differently or
favors others when both are similarly situated.

The purpose of the guarantee is to prohibit hostile discrimination or undue

favor to anyone or giving special privilege when it is not reasonable or justified.
 SESSION 2
MODULE 3:

ARRESTS, SEARCHES, AND SEIZURES

AND RIGHTS OF PERSONS UNDER
CUSTODIAL INVESTIGATION
(2 HOURS)
 ARRESTS, SEARCHES AND SEIZURES
Right against Unreasonable Searches and Seizures

Section 2. The right of the people to be secure in their persons, houses,

papers, and effects against unreasonable searches and seizures of
whatever nature and for any purpose shall be inviolable, and no
search warrant or warrant of arrest shall issue except upon probable
cause to be determined personally by the judge after examination
under oath or affirmation of the complainant and the witnesses he
may produce, and particularly describing the place to be searched and
the persons or things to be seized.

Scope of protection: The protection extends to all persons, aliens or citizens,

natural or juridical. It is a personal right which may be invoked or waived by
the person directly affected against unreasonable arrests or searches by the
government and its agencies. It cannot, however, be invoked against private
individuals.

Warrant of Arrest and Search Warrant

GENERAL RULE: A warrant of arrest or search warrant is required before a
person is arrested, a place is searched or a personal property is seized.
EXCEPTIONS: Warrantless arrests and searches.

• Warrant of Arrest - a written order of the court, issued in the name of

the Philippines, authorizing a peace officer to arrest a person, and put
him under the custody of the court.

• Search Warrant - a written order of the court, authorizing or directing a

peace officer to search a specific location, house, or other premises for
a personal property allegedly used in a crime or may be utilized as a
tool to prove a crime.
 REQUISITES OF A VALID WARRANT
(a) It must be based upon a probable cause. Probable cause refers to such
facts and circumstances which would lead a reasonably discreet and
prudent man to believe that an offense has been committed and that the
objects sought in connection with the offense are in the place sought to be
searched;

(b) The probable cause must be determined personally by the judge. That the
judge “personally” determines the probable cause means that “he
personally evaluates the report and the supporting documents submitted
by the public prosecutor regarding the existence of the probable cause,”
or, if the same is insufficient, “require additional evidence to aid him in
arriving at a conclusion as to the existence of probable cause.” Thus,
personal determination does not mean that he must personally examine
the complainant and his witnesses. He may rely on reports and evidence
submitted to him, on the basis of which he determines the existence of
probable cause and orders the issuance of warrant. What is prohibited is to
rely solely on the recommendation of the prosecutors without doing any
determination on his own;

(c) The determination must be made after examination under oath or

affirmation of the complainant and the witness he may produce; and

(d) It must particularly describe the place to be searched and the persons or
things to be seized. The property subject to search includes those used in
the commission of the offense, stolen or embezzled and other proceeds or
fruits of the offense, or used or intended to be used in the commission of
the offense.

NOTE: General warrants are those that do not particularly describe the place
to be searched or the persons or things to be seized. They are
unconstitutional.
 VALID WARRANTLESS ARREST
Under Rule 113, Sec. 5 of the Rules of Court, a peace officer or a private person
may arrest a person even without a warrant under the following instances:

(a) In flagrante delicto arrest. When, in his presence, the person to be arrested
has committed, is actually committing, or is attempting to commit an offense;

(b) Hot pursuit. When an offense, has in fact just been committed, and he has
personal knowledge of facts indicating that the person to be arrested has
committed it; and

(c) Arrest of escaped prisoners. When the person to be arrested is a prisoner

who has escaped from a penal establishment of place where he is serving final
judgment or temporarily confined while his case is pending, or has escaped
while being transferred from one confinement to another.

Citizen Arrest. It must be noted that a lawful warrantless arrest may be

performed not just by a peace officer but also by a civilian. This is permitted
under the rules under limited circumstances, and it is called citizen arrest.

NOTE: An arresting officer or civilian will be liable for Arbitrary Detention if the
warrantless arrest is performed outside the above rules.

VALID WARRANTLESS SEARCHES

A search is valid even without a warrant, under the following instances:
(a) Search as an incident to a lawful arrest. When a valid arrest precedes the
search or contemporaneous with it, and the search is limited to the immediate
vicinity of the place of arrest, for purposes of securing dangerous objects and
effects of the crime;
(b) Consented search. When the right has been voluntarily waived by person
who has a right, aware of such right, and has an actual intention to relinquish
such right;

(c) Plainview search. When prohibited articles are within the sight of an officer
who has the right to be in a position to that view;

(d) Visual search at checkpoints. When the search at stationary checkpoints is

pre-announced, and limited to a visual search only;

(e) Terry search. When a police officer, in interest of effective crime prevention,
performs a “stop-and-frisk” or patting of outer clothing for dangerous
weapons, after observing a suspicious conduct on the part of a citizen;

(f) Search of moving vehicles, vessels, and aircrafts for violation of laws;

(g) Inspection of buildings and other premises for the enforcement of fire,
sanitary, and building regulations; and

(h) Search in airports and other populous places.

EXCLUSIONARY RULE
Also known as the Fruit of the Poisonous Tree Doctrine, this rule states that any
evidence unlawfully obtained is inadmissible as evidence before the courts. The
name of the doctrine metaphorically describes what happens to an “evidence”
(fruit) taken through “unlawful means” (poisonous tree). The evidence-fruit is
discarded because it may infect or destroy the integrity of the case and forfeit
the purpose of the law.

For example, if police officers search a house without a search warrant and the
same does not fall under any of the instances of a valid warrantless search, the
evidence obtained even if material in the case cannot be admitted in court.
 CUSTODIAL INVESTIGATION

Section 12. (1) Any person under investigation for the commission of an
offense shall have the right to be informed of his right to remain silent
and to have competent and independent counsel preferably of his own
choice. If the person cannot afford the services of counsel, he must be
provided with one. These rights cannot be waived except in writing and
in the presence of counsel.

(2) No torture, force, violence, threat, intimidation, or any other

means which vitiate the free will shall be used against him. Secret
detention places, solitary, incommunicado, or other similar forms of
detention are prohibited.

(3) Any confession or admission obtained in violation of this or

Section 17 hereof shall be inadmissible in evidence against him.

(4) The law shall provide for penal and civil sanctions for violations of
this section as well as compensation to and rehabilitation of victims
of torture or similar practices, and their families.

Custodial investigation refers to any questioning initiated by law enforcement

officers after a person has been taken into custody. The rights are available
when the person interrogated is already treaded as a particular suspect and
the investigation is no longer a general inquiry into an unsolved crime.
However, during this stage, no complaint or criminal case has been filed yet.
As such, the person suspected to have committed a crime is not yet an
accused, since no case was instituted against him.

During custodial investigations, suspects are identified by way of show-

ups, mug shots, and line ups. Show-ups are done by bringing the lone suspect
face-to-face with the witness for identification. Mug shots are performed by
showing photographs to witnesses to identify the suspect. And in line ups, the
witness identifies the suspect from a group of persons.
 RIGHTS OF PERSONS UNDER CUSTODIAL INVESTIGATION
Miranda Rights
Section 12, Article III enumerates the rights of a person under custodial
investigation for the commission of an offense, to wit:
(a) Right to remain silent, right to have a competent and independent counsel
preferably of his own choice, right to free legal services if he cannot afford
one, and the right to informed of these rights. These rights cannot be
waived except in writing and in the presence of counsel;
(b) Right against the use of torture, force, violence, threat, intimidation, or any
other means which vitiate his free will. Prohibition against secret detention
places, solitary, incommunicado, or other similar forms of detention;
(c) Exclusion of any confession or admission obtained in violation of this
provision or the right against self-incrimination as evidence against him;
and
(d) Sanctions against violators and compensation for rehabilitation of victims.

Purpose of the Right. The provision emphasizes on the duty of law enforcement
officers to treat properly and humanely those under investigation. It recognizes
the fact that the environment in custodial investigations is psychologically if not
physically coercive in nature, so that law enforcers should be reminded of the
sanctity of individual rights and the limitations on their means of solving
crimes. In fact, as far as the present provision is concerned, the “presumption
of regularity” of official acts and the behavior of police or prosecution
is not observed if the person under investigation was not informed.

Extrajudicial Confession - a confession or admission of guilt made outside

(extra) the court (judicial). Under the Miranda Rights, a person may waive his
right to remain silent and admit the charge against him because anything that
he says may be used against him. However, the waiver or confession must be
valid to be admissible as evidence against him.
For an extrajudicial confession to be valid and admissible as evidence in court,
it must be: (a) voluntary; (b) made in the assistance of a competent and
independent counsel; (c) express; and (d) in writing.

Assistance of Counsel. An extrajudicial confession made in the absence of a

counsel, or even in his presence but without adequate assistance, is also invalid
and inadmissible. The rule requires that the assisting counsel must
be independent and competent.

NOTE: A fiscal or a public prosecutor, who represents the interest of the State,
cannot assist the suspect or person under investigation. His interest is adverse
to the latter. Thus, even if competent, he cannot be an independent counsel for
the suspect. On the other hand, a counsel from the Public Attorney’s Office is
qualified to assist a person in executing an extrajudicial confession, his interest
not adverse to the latter.

RIGHT TO BAIL

Section 13. All persons, except those charged with offenses

punishable by reclusion perpetua when evidence of guilt is strong,
shall, before conviction, be bailable by sufficient sureties, or be
released on recognizance as may be provided by law. The right to
bail shall not be impaired even when the privilege of the writ of
habeas corpus is suspended. Excessive bail shall not be required.

Bail - the security given for the temporary release of a person in custody of the
law, furnished by him or a bondsman, conditioned upon his appearance
before any court as may be required. For instance, a person arrested and
detained for the offense of homicide may post a bond for his temporary
release on the condition that he will appear in the court during the trial or
when the court so requires.
General Rule. The right to bail may be invoked from the moment of detention
or arrest. Even if no formal charges have been filed yet, for as long as there is
already an arrest, the right may already be availed of.

Bail as a Matter of Right. Bail may be invoked as a matter of right if the charge
is not punishable by reclusion perpetua and there is no final judgment of
conviction yet. Technically, the instances when bail is a matter of right are: (a)
Before or after conviction by the MTC; and (b) Before conviction of the RTC of an
offense not punishable by death, reclusion perpetua or life imprisonment.

Bail as a Matter of Discretion. Bail may be invoked as a matter of discretion on

the part of the court in the following instances:
(a) After conviction by the RTC of an offense not punishable by
death, reclusion perpetua or life imprisonment;
(b) Pending appeal subject to the consent of the bondsman; and
(c) After conviction, pending appeal when the court imposed a penalty of
imprisonment for more than six years but not more than twenty years,
and it is not shown that the accused repeated a crime, an escapee,
committed an offense while under the custody of the probational
release, or had the tendency of flight or to commit another offense.

Standards for Fixing Amount of Bail

The law does not prescribe for a fix amount of bail. What it requires is that the
amount should be reasonable and not excessive otherwise the right is rendered
useless. Under the Rules of Court, the amount is reasonable if the judge bases
it primarily, but not exclusively, on the following guidelines:
(a) Financial ability of the accused;
(b) Nature and circumstances of offense;
(c) Penalty for offense charged;
(d) Character and reputation of accused;
(e) Age and health of the accused;
(f) Weight of evidence against him;
(g) Probability of his appearance at trial;
 (h) Forfeiture of other bonds by him;
(i) The fact that he is a fugitive from justice when arrested; and
(j) Pendency of other cases where he is also under bail.

WRIT OF HABEAS CORPUS

The writ of habeas corpus is a written order issued by the court directed to a
person detaining another commanding him to produce the body of the
prisoner at a designated time and place, with the day and cause of his capture
and detention, to do, to submit to, and to receive whatever court or judge
awarding the writ shall consider in his behalf. When a person is illegally
confined or detained, or when his liberty is illegally restrained, he has the
constitutional right to file a petition of habeas corpus. Should the court find out
that the person is illegally confined or detained, he shall be immediately
released from detention.

NOTE: When a person is detained arbitrarily or in cases of warrantless arrest, if

the person has been detained for far too long without an information
immediately filed in court, the proper remedy is to file a petition for the
issuance of a writ of habeas corpus. Article 125 of the Revised Penal Code
deems it unlawful, and thus penalizes, delay in the delivery of detained persons
to the proper judicial authorities (12 hours for crimes or offenses punishable by
light penalties, 18 hours for crimes or offenses punishable by correctional
penalties or their equivalent, and 36 hours for crimes or offenses punishable by
capital penalties or their equivalent).

Writ of Amparo
Aside from the writ of habeas corpus, the writ of amparo is another available
remedy to any person whose right to life, liberty, and security has been
violated or threatened to be violated by an unlawful act or omission of a public
official or employee, or of a private individual or entity. This remedy is
especially available in cases of enforced disappearances and extrajudicial
killings.
 SESSION 3
MODULE 4:

CRIMINAL PROCEDURE
AND RIGHTS OF THE ACCUSED
(2 HOURS)
 CRIMINAL PROCEDURE

PREPARING FOR A CASE

If you are the COMPLAINANT, consult a An INDIGENT person is one whose
lawyer to prepare the affidavit-complaint.
(1) Gross income and that of their

1
If you are the RESPONDENT, consult a
lawyer to prepare a counter-affidavit.
If you are an INDIGENT, get assistance from
the Public Attorney’s Office (PAO),
Integrated Bar of the Philippines (IBP), or the
legal aid clinic of law schools.
immediate family do not exceed an
amount double the monthly
minimum wage of an employee; and
(2) do do not own a real property with
a Fair Market Value, as stated in the
current Tax Declaration, of more
than Php300,000.00. (Republic Act
No. 10606)

PRELIMINARY INVESTIGATION
A preliminary investigation is required to be RTCs have jurisdiction to try drug
conducted before the filing of complaint or cases:
information for offenses where the penalty
prescribed by law is at least four (4) years, two 1. The Regional Trial Court (RTC) has
(2) months, and one (1) day imprisonment the exclusive and original

without regard to the file.
During preliminary investigation, a public
prosecutor determines probable cause. If there
is probable cause, the prosecutor will file the
information in the proper court; otherwise the
case will be dismissed.
2
jurisdiction in all criminal cases not
within the exclusive and concurrent
jurisdiction of any court, tribunal or
body, except those now falling
under the exclusive and concurrent
jurisdiction of the Sandiganbayan.

In private offenses (e.g., abduction, adultery, 2. The RTC has jurisdiction over an
acts of lasciviousness, concubinage, seduction), offense punishable with an
a private complainant may file a complaint with imprisonment of more than six (6)
the prosecutor. years.

Before the conduct of preliminary investigation, Payment of docket fees is upon filing
the appropriate docket fees for certain offenses of the information in court and not
shall be assessed and paid. during preliminary investigation.
 FILING OF INFORMATION
FILE the case with the proper court and pay the Bail may be allowed except in cases
assessed fees as may be required. If qualified, which involve non-bailable offenses or

3
file a motion as an indigent litigant so that you
will be exempted from payment of fees.
For crimes penalized by imprisonment of six (6)
years and below, the case should be filed with
first-level courts such as Metropolitan Trial
Courts, Municipal Trial Courts in Cities, and
Municipal Circuit Trial Courts. For crimes
penalized by imprisonment of more than six (6)
years, the case should be filed with the Regional
Trial Court (RTC).
Once the case is filed, it will be assigned a
docket number and will be raffled (except cases
filed at single-sala courts) to the judge who will
hear the case.
If the court finds probable cause, an arrest
warrant will be issued. If the respondent is
already detained, a commitment order will be
issued.
when bail is not required. An accused
may secure a bail bond from a bonding
company accredited by the Supreme
Court and post bail with the court to
obtain his temporary release. He can
also post cash or property bail.
BAIL is the security given for the release
of a person in custody of the law,
furnished by him or a bondsman,
conditioned upon his appearance before
any court as required under the
conditions specified by the rules.
Bail is not allowed in cases punishable by
death, reclusion perpetua or life
imprisonment when the evidence of guilt
is strong.

ARRAIGNMENT
The accused shall be arraigned within ten (10) If the accused enters a plea of not guilty,
days from the date the case was raffled. the case is set for a pre-trial.

During arraignment, the charges contained in
the information or complaint shall be read to
the accused in a language or dialect known to
him and which he understands. The accused
shall personally enter his plea of guilty or not
guilty. A copy of the complaint or information
shall be given to the accused.
If the accused refuses to plead, a plea of not
guilty shall be entered for him by the court. If
the accused pleads guilty, judgment shall be
rendered by the court. If the accused plead
guilty for a lesser offense included in the charge,
the court may allow such plea with the consent
of the offended party and the prosecutor.
4
ARRAIGNMENT is the formal mode of
implementing the Constitutional right of
the accused to be informed of the nature
and cause of the accusation against him.
PURPOSE OF ARRAIGNMENT:
1. To apprise the accused of the
possible loss of freedom, even of his
life, depending on the nature of the
crime imputed to him; or
2. To inform him why the prosecuting
arm of the State is mobilized against
him.
 PRE-TRIAL

PRE-TRIAL is mandatory. The pre-trial will accomplish the following:

5
▪ amicable settlement of the civil aspect of the case
▪ simplification of the issues
▪ limitation of the number of witnesses
▪ identification of evidence that needs to be presented during the
trial

During Pre-Trial, the accused and private complainant may enter into a
plea-bargaining agreement, which may include admitting of guilt to a
lesser offense or to some in a multi-count charge. The court shall hear
evidence on the civil aspect of the case and thereafter judgment.

TRIAL
During the Trial, the parties present evidence on the issues of fact and law. The
prosecution will present evidence first subject to cross-examination by the accused,

6
followed by the accused subject to cross-examination by the prosecution.

Thereafter, the prosecution and the accused may submit rebuttal and sur-rebuttal
evidence.

After the prosecution rests its case, the accused may file a demurrer to evidence. If
the court denies the demurrer to evidence filed with leave of court, the accused may
present evidence in his defense. When the demurrer to evidence is filed without
leave of court, the accused waived his right to present evidence, and the case is
submitted for decision.

The court may allow the submission of written memoranda. The court shall then
render judgment based on evidence formally presented by the prosecution and
accused.

JUDGMENT

After Trial, the court shall promulgate its judgment either finding the accused guilty or not guilty in
the presence of the accused and his counsel.

7
The judgment shall be read by the Clerk of Court in the presence of the accused and his counsel.
In light offenses, the presence of the accused is not required.

If the decision is for the acquittal of the accused, it cannot be appealed.

The accused has fifteen (15) days from receipt of judgment to file a Motion for Reconsideration or
Motion for New Trial. The latter is based on newly-discovered evidence.

An accused who has been convicted of offenses punishable by not more than six years (6)
imprisonment may file a petition for probation. By filing a petition for probation, the accused
 APPEAL

The accused may file an appeal within fifteen (15) days

from receipt of the decision or denial of his Motion for
SUPREME COURT
Reconsideration or Motion for New Trial if one has been

8
filed. An appeal is perfected by filing a notice of appeal
with the court which rendered the judgment.
COURT OF APPEALS
Judgments of the first-level courts such as the
Metropolitan Trial Courts, Municipal Trial Courts,
Municipal Trial Courts in Cities, and Municipal Circuit Trial
RTC
Courts may be appealed to the Regional Trial Courts.

Judgments of the Regional Trial Court may be appealed MTC MTCC

to the Court of Appeals.

MeTC MCTC
Judgement of the Court of Appeals may be appealed to
the Supreme Court as may be prescribed by the Rules of
Court.

An APPEAL is not inherent right of a convicted person as it is granted by law and

not by the Constitution. From a judgment convicting the accused, two appeals
may accordingly be taken: (1) The accused may seek a review of said judgment,
as regards both actions; or (2) The complainant may appeal with respect only to
the civil action, either because the lower court has refused or failed to award
damages, or because the award made is unsatisfactory to him.

EXECUTION
If the appeal is denied and the conviction is affirmed on appeal with finality, the case
will be brought back to the court of origin for enforcement of the judgment.

9
Final judgment shall be enforced by the court through the issuance of a commitment
order directing the detention of the accused to a penal or correctional institution to
serve the sentence imposed on him.
 RIGHTS OF THE ACCUSED
Criminal Due Process

Section 14(1) “no person shall be held to answer for a criminal

offense without due process of law.”

Criminal due process requires that:

(a) The accused is brought into a court of competent jurisdiction;
(b) He is notified of the case;
(c) He is given the opportunity to be heard; and
(d) There is a valid judgment deliberated and rendered by the court.

Rights of the Accused during Trial

Section 14 (2) In all criminal prosecutions, the accused shall be

presumed innocent until the contrary is proved, and shall enjoy the
right to be heard by himself and counsel, to be informed of the nature
and cause of the accusation against him, to have a speedy, impartial,
and public trial, to meet the witnesses face to face, and to have
compulsory process to secure the attendance of witnesses and the
production of evidence in his behalf. However, after arraignment, trial
may proceed notwithstanding the absence of the accused provided
that he has been duly notified and his failure to appear is unjustifiable.

Under the Rules, criminal proceedings start from arraignment up to the

rendition of final judgment by the court. Arraignment refers to that stage of
the criminal proceeding when the information is read to the accused to which
he pleads guilty or not guilty. The proceeding continues until a final judgment
is entered by the court. The judgment is final when there is nothing for the
court to do but to execute it. Thus, during this duration the accused can invoke
the said rights under the proper circumstances.
 RIGHT TO BE PRESUMED INNOCENT

The right refers to the constitutional guarantee that the accused should be
treated as if innocent until he is proven guilty beyond reasonable doubt. Such
presumption is only overcome by proof beyond reasonable doubt.

proof beyond reasonable doubt - the highest quantum of evidence. Such

proof requires that the court is morally certain that the accused is guilty of the
crime, so that if there is reasonable doubt that lurks in the mind of the judge,
the accused must be acquitted. When the defense creates reasonable doubt,
the presumption of innocence remains. It must be noted that the certainty
required by law is not absolute certainty but moral certainty as to every
proposition of proof requisite to constitute the offense.

RIGHT TO BE HEARD BY HIMSELF AND COUNSEL

Right to be Heard - refers to all the mechanisms afforded to the accused
during the criminal proceedings. It is a safeguard against prejudicial and partial
judgments by the courts, as well as a guarantee that the accused be given an
opportunity to participate during trial in defense of himself. It includes three
specific rights:
(a) the right to present evidence and to be present at the trial;
(b) the right to be assisted by counsel; and
(c) the right to compulsory process to compel the attendance of witnesses in
his behalf.

RIGHT TO BE INFORMED OF NATURE AND CAUSE OF ACCUSATION

This constitutional mandate is complied with by the arraignment of the
accused in which he is informed by the court of the offense charged to which
the accused either pleads guilty of not guilty.
 RIGHT TO SPEEDY, IMPARTIAL AND PUBLIC TRIAL
Justice delayed is justice denied.

If the prosecution unreasonably delays the criminal proceedings because of

too many postponements and unjustifiable absences, the accused may be
acquitted on the ground of violation of right to speedy trial. This does not,
however, mean that the court cannot grant reasonable postponements. What
is prohibited is oppressive and vexatious postponements.

Right to impartial trial - requires that the judge who sits in the case must be
objective and renders a decision based on the cold neutrality of the evidence
presented. For instance, a judge who is hostile to the accused based on his
comments and utterances, or who is substantially swayed by the prejudicial
publicity of the case, is a partial judge and must be inhibited from the case.

Right to public trial - demands that the proceedings be conducted in such a

way that the public may know what transpires during the trial. It is not
necessary that the entire public can witness the proceedings; it is enough that
the relatives and friends of the interested parties are accommodated in the trial
venue. In fact, the court is allowed under the rules to order the public to leave
the premises of the court room in interest of morality and order.

RIGHT TO MEET THE WITNESSES FACE-TO-FACE

The right to confrontation enables the accused to test the credibility of the
witnesses. The right is reinforced under the rules of criminal procedure by the
so-called cross-examination. Cross-examination is conducted after the
presentation and direct examination of witnesses by the opposing side. Both
parties are allowed to test the veracity of the testimonies presented by the
other
 RIGHT TO COMPULSORY PROCESS
This is the right of the accused to avail of compulsory means for attendance of
witnesses and production of needed document or things.

subpoena ad testificandum - availed to compel the person to testify

subpoena duces tecum - availed of to compel the production of relevant

documents which are needed but the holder thereof refuses to produce them.

RIGHT TO BE PRESENT
As a rule, the accused has the right to be present at all stages of trial, from
arraignment to rendition of judgment, in order that he may be informed of
what transpires in every stage of the proceedings, to guard himself from
technical blunders, and ultimately, to fully defend himself from the accusation
against him. However, it may be waived by the accused. An example of a valid
waiver of the right to be present is the so-called trial in absentia. Even in the
absence of the accused, trial may still proceed (trial in absentia) if after his
arraignment and notification of the date of the hearing, he still unjustifiably
failed to appear. The effect of the waiver is that the accused will no longer
have the right to present evidence and confront the witnesses.

NOTE: The presence of the accused becomes a duty, and therefore not
waivable, in the following:
(a) During arraignment and plea;
(b) When he is to be identified;
(c) During the promulgation of judgment, except when it is for a light offense.

RIGHT AGAINST SELF-INCRIMINATION

Section 17. No person shall be compelled to be a witness against
himself.
The right allows a person not to answer an incriminating question. An
incriminating question is one that if answered renders a person liable for an
offense. However, it is only when the incriminating question is put to a witness
stand that the right may be invoked.

In criminal proceedings what is prohibited is physical or moral compulsion to

extort communication from the accused. Subjecting the body of the accused
when material to solve the case is allowed and not violative of the right. In one
case, the Court held that writing is not a pure mechanical act but requires the
use of the intellect. Thus, an accused cannot be compelled to write or sign and
use the same as evidence against him.

RIGHT AGAINST DOUBLE JEOPARDY

Section 21. No person shall be twice put in jeopardy of punishment
for the same offense. If an act is punished by a law and an
ordinance, conviction or acquittal under either shall constitute a bar
to another prosecution for the same act.

Double jeopardy - when a person is twice put at the risk of conviction for the
same act or offense.

When a person, for instance, has been charged of homicide and the court
acquitted him of the case, he can no longer be prosecuted for the same
offense or act. He can now invoke his right against double jeopardy.

The requisites of double jeopardy are:[90]

(a) A valid complaint or information;
(b) Filed before a competent court;
(c) To which the defendant has pleaded; and
(d) The defendant was previously acquitted or convicted or the case dismissed
or otherwise terminated without his express consent.
Directory
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