GENERAL PRINCIPLES

1. What is Jurisdiction
2. In the absence of one of the requisites, can the court still acquire jurisdiction?
3. 3. What are the cases that fall under the EXCLUSIVE ORIGINAL JURISDICTION OF RTC
4. What are the cases that fall under the SANDIGANBAYAN APPELLATE COURT
5. Courts exercising concurrent original jurisdiction
• RTC and CA have exclusive concurrent jurisdiction over petitions for certiorari, prohibition,
mandamus
6. What is hierarchy of courts
6. In the case of De Lima vs Guerrero, explain the reason for the hierarchy of courts
• so that u will unnecessarily burden the higher court, when the matters can be resolved on the lower
court
8. Exceptions to the doctrine of hierarchy of courts (10 instances)
8. What is Remedial Law
8. Distinguish Criminal Law from Criminal Procedure
8. As a rule, in substantive law for criminal laws we can apply it retroactively if it is favorable to the
accused right, but in procedural law, can we apply it too?
• Yes because procedural laws don’t affect the vested rights
12. Requisites for procedural due process
12. Does Criminal Procedural Law can only be invoked by the accused or in favor of him?
• applies both to the accused and prosecutor
• Parties- respondent: the accused; petitioner: State/prosecutor
14. Jurisdiction over the subject matter
14. How will you determine which court has jurisdiction?
• jurisdiction is determined by law
• jurisdiction determined by allegation in information/complaint
• subject matter that is provided by law, the courts provides which court has jurisdiction
• need to look at what the law requires

• by allegations: ex sandiganbayan whethe RA 3019, if the crime is not any of those enumerated,
like rape is it automatically in Sandigan? You must first look in the allegation and see to it that
there is an allegation that by virtue of his office or “intimately connected with the performance
of his office” to fall under the jurisdiction of Sandiganbayan
• however if in the information, Mr. X rape Y without mentioning while he is interviewing her in
his office, no such allegation of intimately connected with the performance of his office, then it
is not under Sandiganbayan. It depends on the penalty of the crime committed to know where
jurisdiction it will fall to.
• this is what the law provides, if the penalty for the crime committed exceeds 6yrs, then it
will fall under the RTC;
• can fall also under Sandigan if it is committed by any public officer with a salary grade 27
• does not fall under grade 27, Appellate Jurisdiction of the Sandigan; even if they don't fall on the
list, if it is intimately connected with the performance of his office

Note: As discussed by Atty. Señga, to determine whether a case falls under the jurisdiction of the Sandiganbayan, one
should ask the following:

a. What is the crime? What is its nature? Is it intimately related to public office such that the offense would not have
been committed without the public office?

b. Who is the accused? Who are those who committed the crime or offense? Is the accused in conspiracy with a public
officer?
16. MTC either ordinary or summary procedure
• if both-penalty & fine-IMPRISONMENT
17. ordinary rules-roc
• Summary procedure- process, not a court; do we have trial?- no, submission only of documents; the
court determine thru petition for pleadings

BP129 distinguish to amount but to amount

100k damage to property thru crim negligence still mtc orig juris,

bp129, exclusive mtc

damage property thru negligence

di sinabi hm damage to property walang amount, basta crim negligence damage to property-mtc

• Summary Procedure- talks about the process on how the court will resolved the case by submission of docs to
resolve it quickly

MTC lahat can be heard thru summary procedure or ordinary procedure

BP129, which court has og juris? MTC

-summary procedure will be used

1k damage value, look on summary pro, the court has jurisdiction is mtc but the process will be used is summary kasi
pasok sa cap,

pag 100k-court MTC still, there is nothing in the law that says that damage to property falls into rtc juris regardless of
the value, because there's no distinguish as to value only to procedure

10k lang ang cap. Above 10k normal procedure already

Basta pag damage to property thru negligence, automatic MTC siya. Ang question lang is as to what process ang
gagamitin: regular courts or summary proceeding.

• If below 10k, summary proceeding;

• Pag 10k+, regular courts.
• Ang difference bakit sa regular courts tapos summary proceeding is sa summary proceeding ipapasubmit ka
lang ng pleading since minimal lang yung value na nasira.

18. CASES THAT FALL UNDER EXCLUSIVE ORIGINAL JURISDICTION OF SANDIGANBAYAN

• look into the law, sec 4 of PD1606 provides in 1st par what crimes are involved
• salary grade MEMORIZE; LGU-provincial, department heads, sspo
19. SERENA VS SANGIGANBAYAN- Public official who's not with salary grade 27

provincial city

diplomatic

army police prosec

sereno goccs

7 MEMBERS COMELEC (6members 1 chairman)

3 MEMBERS COA

20. Is forfeiture of ill gotten wealth, civil or criminal?

• SC said it is civil in nature because you forfeit the money, does not define a crime, but treats it as
criminal because yung ‘pag return ng pera yung penalty

*to fall under Sandiganbayan:

1. look at the crime, if it falls under those crimes in 1st par., if it is committed by salary grade 24, will it fall into
sandiganbayan?? yes if in conspiracy

2. look at the crime-yes? automatic ba sandigan? no, look at par 1 governor….

2. if the crime committed by the public officer is under RA 3019 or the bribery barkada but salary grade 24, Sandigan?
no if he is in conspiracy, if not in violation of 3019, committed by public officer with salary grade 24 not in
conspiracy- it depends on the prescribed the penalty

all public officials will not necessarily fall under sandigan, look under positions listed, if they commit it in conspiracy,
can fall on either rtc or mtc

SANDIGAN:

Crimes under RA 3019, bribery barkada

if salary grade is 24, sandigan if in conspiracy

salary grade is 24 but not in conspiracy with any public official- no jurisdiction of sandigan; depends in the penalty
prescribed if mtc or rtc

if it is committed in conspiracy- people vs go

-sandigan has still jurisdiction

-effect of death, his death only extinguish his liability but it doesn't mean there’s no conspiracy, such person in
conspiracy is still liable

-must be intimately connected w the performance of his office although improper or irregular-falls under sandigan

-public office is never an element, but because the performance is intimately connected with the function of his office
in the commission of the crime.

The Test

1. look at the crime, 3019,

-is it intimately connected

2. look at the position

21. SOLLER VS SANDIGANBAYAN

• not the sandigan who has jurisdiction
22. JURISDICTION OVER THE PERSON OF THE ACCUSED
• coercive process: warrant of arrest either served or voluntary surrender
23. VOLUNTARY SUBMISSION TO THE JURISDICTION OF THE COURT
• when you seek affirmative relief, you invoke the power of the court. you cannot invoke the
jurisdiction then assail it later.
• bec when u seek bail, recognition that the court has power to you, for provisional liberty
• EXP: motion to quash info for lack of jurisdiction over the person:
• You can assail Only lack of jurisdiction over the person, motion to quash
• If u invoke all other, you are deemed to have submitted yourself
• if u assail jurisdiction u must file motion to quash on the ground of lack of jurisdiction
• if it is jurisdiction over subject matter, ex rape- penalty of reclusion perpetua, MTC has jurisdiction,
MTC rendered judgment-void EXCEPT: estoppel jurisdiction (crisostomo & antiporda)
• quash: WARRANT OF ARREST OR INFORMATION
24. MIRANDA VS TULIAO , ANTIPORDA v GARCHITOREN
24. CUSTODY OF LAW VS JURISDICTION OVER THE PERSON OF THE ACCUSED
• invalidly arrest-custody of law but no juris, u can quash the validity of arrest
• when u are at large but u file affirmative relief- no custody but has jurisdiction over the person
26. TERRITORIAL JURISDICTION
26. TERRITORIAL JURIS VS VENUE IN CIVIL CASES
• Venue in civil cases -may be subject to stipulation
• Territorial jurisdiction- not subject to stipulation; jurisdiction is determined by allegations in
the information
28. Hypo: crime really happened in Manila, but in the alleged information it is in Makati, so Makati court
exercised the jurisdiction. However it was discovered later on that Manila has the jurisdiction; it will not be
void, papers will be transferred to Manila but the proceedings will still pursue
• Proceeding is still valid before the discovery of error
• Because jurisdiction is determined by the allegations in the information (adherence to jurisdiction)
29. PEOPLE VS OCAYA
29. CRUZ VS CA
• estafa thru falsi of public docs
• acquitted but asked to return the property, the place
• Ruling: once the criminal court has juris over the subject matter, person, territory, acquires juris to
hear all other incidental matters such as civil aspects.

31. WHEN CAN THERE BE TRANSFER OF CRIMINAL VENUE AS PROVIDED IN THE CONSTI
• Purpose is to avoid miscarriage of justice
32. WHERE TO APPLY CHANGE OF COURT
• In the SC
33. WHERE TO FILE LIBEL CASE: RTC
• When a person has committed a crime of libel, the action will be filed in the Regional Trial Court of
the city or province where the libelous article is printed and published. However, if the offended party
is a private person, the venue will be his place of residence where the offense was committed and the
libelous article was printed and first published.
34. PEOPLE VS BENIPAYO
34. CASES UNDER FAMILY COURT
• as long as it involves a minor, it is in family court
36. PEOPLE VS DELA TORRE
• two minor victims are dead already-not in family court;
• regular court; the victims are minor but already dead,
37. OCA CIR 106
• info shall be raffled
• minor dies before arraignment after filing of information-regular court
• minor dies after arraignment after filing of info-regular court
38. COURT OF TAX APPEALS
38. ELECTION OFFENSES
38. VIOLATION OF IP LAW
38. PEOPLE VS OCAYA
38. SAMSON VS GUINGONA
38. CYBERLIBEL

RULE 110-111
What should the court consider in resolving an issue on whether an offense has prescribed?
1. The period of prescription of the offense charged
2. The period when started to run
3. The period when interrupted if any
Let us say that the crime prescribes in 1 year, the crime took place in Jan 01, 2019. The info was filed in Jan 01,
2020. The complaint was filed in Feb. 01, 2019. Has the crime prescribed? (The time of the commission was the
time it was discovered)
- No
If it does not require PI, what is the effect of the filing to the prosecutor?
- It does not interrupt the prescriptive period. Provided that it falls under summary procedure.
BP 22 is covered by summary procedure, do we follow the same rule then that if it is for purposes of instituting
cases covered by summary proc, will that rule applies to BP 22 that the period is interrupted by filing of the
case in court?
- No. It will not apply because it is a special law but we follow Act No. 3326.
Regardless of whether it is a special law or a law under the RPC, the period is interrupted from the filing of
what?
- The complaint to the prosecutor.
What is the reason behind the rule?
- Because it is not the fault of the person who filed the complaint if the prosecutor will delay the filing of
the information in court for such that purposes in instituting a criminal case by filing for PI, it already
shows that the criminal process has begun because if we will rely on filing of information which is the
reckoning date to interrupt, wala naming kasalanan yung complainant.
So whether it is in the RPC or a special law, we apply the same rule? That the period is interrupted from the
filing palang for PI. Correct?
- Yes. Unless otherwise provided in the Special Law
What is the reason why the rule on RPC is also applied it in SPLs?
- Because parties should not be allowed to suffer consequences beyond their control
In Rep. v Cojuanco, the crime alleged to be committed here is during the Marcos admin, and during his admin,
allegedly there are some cronies or officials who entered into an agreement that is unjustly disadvantageous to
the govt, it has something to do with the investment of govt corps in a company. So, there is a capitalization
requirement here and that capitalization is reflected in the general info sheet, the gen info sheet is one of the
things that you are mandated to file with business commission. Let us say that this happened in 1980, the filing
with the SEC happened in Feb 1980, the execution of the GSIS happened in Jan 1980, the case was filed in 1991.
10 years prescriptive period. They only discovered it during EDSA revolution which is in 1986. Has the crime
prescribed or not?
- Yes. (1980-1990)
If a document becomes a public document such as in this case because it was filed in SEC, should the reckoning
point be from the time it became a public document or from the time that they read the published public
document?
- Yes.
Who must prosecute criminal action?
When there can be a private prosecutor?
What are the conditions for a private prosecutor be able to prosecute a case?
Can the court refuse?
- Yes
Once authorized, can the private prosec appear even without public prosec?
- Yes
Until when is this authority of the private prosecutor to handle the case for the state?
- Until withdrawn or revoked
The function of prosecuting offenses, to which dept of the govt does this belong to?
- Executive dept
In the prosecution of the offenses, we learn that the prosecutor exercises discretion. Can the courts interfere
with the exercise of this discretion?
- As a general yes, courts cannot interfere unless there is a grave abuse of discretion
Can the prosec decide on who will be charged in the offense and what will be charged?
- Yes
In this exercise of discretion can we compel the acts of the prosec by mandamus? (can we compel prosec by
mandamus to find probable cause)
- No, because it is not ministerial in character Rule 65 Sec 03
What is something it is done that is ministerial in nature in the Civil code?
- The release of the marriage license by the LCR
Can you file a mandamus to compel a prosec to dismiss a case?
- No
Can you mandamus to compel a prosec to conduct a preliminary investigation?
- Yes, because the said act is an act enjoined by law. It is the duty of the prosec to investigate and prosecute
crimes.
What if the prosec already found probable cause and issued a resolution but despite that, no info has been filed.
Can you file a mandamus to compel the prosec to file an info?
 - Yes, as soon as he issued the resolution, the discretionary duty terminated already. The discretionary
character is only in finding probable cause.
What if you filed a complaint to the prosec, di niya ginalawan, all you want to happen is for him to conduct
investigation bec he is not acting on the complaint, without regard as to the manner on how he will rule. Can
you bring mandamus?
- Yes, bec it is an act enjoined by law.
Let us say that the info has already been filed in court and the accused moved in the prosec office for the prosec
to reconsider its resolution. Given the info was already filed in court, the prosec moves to withraw the info in
the court on the ground that he reversed the findings of probable cause. Is the court bound to dismiss the
complaint upon the motion of the prosec?
- No. Once the complaint or info is filed in court, it is no longer the prosec who decides but it is now left to
the court (Crespo v. Mogul Landmark case)
Crespo v. Mogul Ruling
What is the role of the private complainant in prosecution of offenses?
- Only a witness
Was it wrong for the prosecutor to refuse to sign the urgent motion in the case of Laude?
- No. They are entitled to their exercise of discretion. It is up to the prosecutor
What is the effect of the acquittal of the accused?
Is an acquittal immediately executory?
- Yes
Is an acquittal immediately Final?
- Yes
What is there is grave abuse of discretion on the acquittal? What is the remedy?
- Petition for certiorari
Would it not violate the rule on double jeoparady?
- Because it is an original action under rule 65, it is not an appeal.
- It is a void judgement bec of grave abuse, the first jeopardy never attach.
Who will file the certiorari? Let us say that the case is rape in RTC
- The OSG
What if the OSG is not acting on it, can the private individual just be the one to file the certiorari?
- No, it will not prosper bec this pertains to the criminal aspect of the case and the real party in interest is
the state. Therefore, it must be in conformity with the OSG bec the case is rape in the RTC. But if acts of
lasciviousness in MTC, you will file certiorari in RTC with the prosec and not the OSG.
The state is an indispensable party in a criminal prosection? Correct?
- Yes
How is a private crime instituted?
- Upon filing a complaint by the offended party.
Is VAWC a private or public offense?
- Public offense
Insofar as psych abuse of 9262, where is the venue for the filing of criminal action? (Offender at abroad,
Offended at PH)
- In which the offended party resides
What is a private crime?
- A crime which cannot be prosecuted de officio
Public crime?
What is adultery?
Concubinage?
How do we institute an adultery or concubinage case?
- Filed against the two offending parties
What if one of the offenders is already dead?
- Its okay to file it against one party provided the other party is dead.
Is consent the same as pardon?
- No
What if you consented for 1 sex, but he had sex 10 times. Consented?
- The first one yes, the other 9 no.
What is the reason why the other 9 will prosper?
- Because adultery is committed per carnal knowledge
Let us say after you filed the complaint, he said sorry and then you had sweet love. Do you still have the right to
file the complaint?
- No, pardon
Pilapil v Ibay-Somear Ruling
What is the rule on seduction, abduction and acts of lasciviousness?
Should it also mean that the father should file the case and not the mother?
What is the legal basis of the state to file a legal action in these particular crimes?
- Doctrine of Parens Patriae
In these 3 crimes, there is only pardon and no consent. Why?
What if malicious prosecution?
How do we know if an info is sufficient, what should it state?
Insofar as the name of the accused, is it enough for you to state the nickname?
If an offense is committed by more than 1 person, how should they be alleged?
What if you don’t know their names at first but you learned it after you filed the information, what will
happen?
Is this a formal or substantial amendment?
- Formal
How do you sufficiently allege the designation of the offense?
Should the aggravating circumstances be alleged?
Is it enough for you to mention that it is committed with treachery?
- No, for it to be sufficient it must not be merely stated, you must state the facts constituting the treachery.
How many offenses can you allege per information? Why?
- One, to give the accuse the necessary knowledge of the crime alleged to enable him to prepare for his
defense.
Let us say that you are charged with 2 crimes in 1 info, what is your remedy?
- Motion to quash the info
When should you file it?
- Before arraignment
What if you did not avail of the remedy?
- The court can convict you of as many crimes as the ones mentioned in the information
As General Rule, you can only charge one offense, unless there is a waiver and unless?
- Complex crime
Define Complex crime
The acts and omissions complained of, do you need to use the technical language of the law?
- No
Do you need to allege the mitigating or Justifying circumstances? Why not?
- No, bec the accuse who will raise the mitigating or justifying circ
What if it committed in LRT MRT Grab Car angkas during the course of the trip, where should be instituted?
What if it is on a vessel?
Article 2 of the RPC?
In perjury, where do you file it? The place when it was executed or filed?
- executed
If it is a qualifying aggra, and it was not alleged, should it be appreciated by the court as generic aggra?
- Yes, for purposes of determining the degree of the penalty
Quimvel v. People?
What is an amendment?
Difference bet an amendment and a substitution?
Prior to arraignment can we have substantial amendment?
- Yes
With or without leave of court? Unless?
- Without leave of court, unless you are going to exclude an accused or downgrade the nature of the offense
In which case what are required?
-leave of court, motion by the prosec and notice to the offended party
If it is prior to the arraignment, formal amendment, with or without leave of court?
- Without leave of court
After arraignment, can we have substantial amendment?
- No
After arraignment, and entering plea, can we have formal amendment?
- No it has to be with leave of court and not prejudicial to the rights of the accused
What is the test for us to know whether it is an amendment or a substitution that is required?
When is an amendment considered as formal?
What if you are going to add generic circumstances, is it formal o substantial?
- Only formal, bec It only affects the range of the penalty
The test to determine whether it is formal or substantial?
4 informations to 1 info that involves the same offense, formal or substantial?
- Formal
Fronda-Baggao v. People
Should there be a preliminary investigation to be reconducted in cases of substantial amendment?
- Only when it is not related or necessarily included to the offense charged you will have a preliminary
investigation.
Will the absence of a preliminary investigation justify the quashal of the info?
How do you distinguish the exclusion of a accuse under amendment from the discharge of a witness as a state
witness?
What is a substitution?
Until what time can you have a substitution?
-Until before judgement
What is substitution under the 3rd par
Can you give me an example of a substitution?
What if rape to acts of lasciviousness? Will there be jeopardy?
-yes
Article 100 of the RPC, is this rule absolute? What are the exceptions?
When should you make the reservation?
When can you not have a separate civil action?

RULE 112
Why Is it considered as executive?
-because it is only inquisitorial in nature because you are only going to determine the probable cause whether
it is enough for you to charge a person to determine whether there is a crime committed and the respondent is probably
guilty thereof.
Do we apply the same rules of evidence in court proceedings in a preliminary investigation?
- No
In what instances do we conduct preliminary investigation
Who conducts preliminary investigation?
Who are the other officers authorized by law?
How about the truth commission, can they conduct preliminary investigation for ill-gotten wealth?
So, what constitutional right does it violate? (truth commission)
-equal protection of laws
Is it correct to say that if it involves public officers it is only the ombudsman that only conducts the preliminary
investigation?
-No, it has concurrent jurisdiction with other government investigating agencies like DOJ

So, let us say that the crime is violation of RA 3019 and Dangerous drugs act committed by a senator, can the
DOJ conduct a preliminary investigation? And at the same time file it with the ombudsman?
- Yes, because the jurisdiction is concurrent it doesn’t matter whether the case is cognizable by the
Sandiganbayan or not as long as it involves a public officer, either the DOJ through the prosecutor or the
ombudsman have concurrent jurisdiction. You are not limited in filing with the ombudsman if it is the
Sandiganbayan that has exclusive jurisdiction to hear the case because that has nothing to do with the
preliminary investigation.
If crime is adultery committed by a senator, can the DOJ conduct preliminary investigation? How about the
ombudsman?
If it’s a personal case, there is no prelim investigation involved? Why? Basis?
What do you mean by the primary jurisdiction of the ombudsman?
What does it mean when they exercise primary jurisdiction?
-it means that if the DOJ took cognizance of a case that involves a public officer, the ombudsman can
take over the investigation anytime.
How about the Comelec, does it have exclusive jurisdiction over the preliminary investigation on election
offenses?
- No
Can you file with the DOJ and the Comelec for the same case simultaneously?
-you cannot because it is concurrent, if you file with another body it precludes you from filing it with
another body.
Is the complaint in affidavit form?
-Yes
Before whom do you swear on your complaint? Is it okay to go ahead to the notary public?
What should be attached to your complaint?
Let us say that the complaint is against Francisco and you are complaining about Francisco because you are
claiming he stole money from you, but in your complaint, you only draw the picture of Francisco with devil
horns. If you are the prosecutor, how would you rule on this?
Is it possible that upon filing of the complaint, the prosecutor can dismiss outright without requiring the
respondent to file a counter affidavit?
-Yes
If there are no grounds for its outright denial, what is the next step?
-Issue a subpoena, attaching the complaint and all the evidence and affidavits and serve it upon the respondent
directing the respondent to file a counter affidavit. Within how many days? 10 days

If the respondent does not file a counter affidavit, what is the effect?
- It will be treated as a waiver
What if the respondent could not be served in the address? Will you proceed?
So even if the respondent could not be served, the prosecutor must still proceed with the case?
Will that be a violation of due process?
- No, because PI is merely inquisitorial and the defendant can still present evidence during the trial.
Assuming there is a counter affidavit filed, what will the prosecutor do?
Is Clarificatory hearing mandatory?
- No
After the hearing, the investigating officer will come up with a resolution, is that the final resolution?

Can the investigating prosecutor come up with a resolution without the approval of the city prosecutor?
- No, because it s a filing of an information without authority to do so. There can be only an authority on the
ground that there is approval by the city prosecutor.
What is your remedy against the resolution of the prosecutor in finding of probable cause or dismissal as the
case maybe?
Do you need to file a motion for reconsideration before applying for a motion to review with the
Secretary of Justice?
What is the difference if you avail of an MR In a SOJ in so far as the criminal case is concerned, let us
say that from the finding of probable cause, an information was already filed in court, and it is
scheduled for arraignment, what is the effect of an MR on the scheduled arraignment versus the effect
of a petition for review?
-MR= not suspend
-Petition for Review= Suspend
Postponed for how many days?
-60 days
From the resolution, lets assume that you are able to give the requirements to be attached for your petition for
review. From the resolution of the Secretary of Justice, what is your remedy?
- Motion for reconsideration
Can you have a second motion for reconsideration?
no
What is your remedy if the ruling is issued with grave abuse of discretion
-petition for certiorari with the CA
From the ombudsman insofar as the criminal case is concerned, what is your remedy upon issuance of the
resolution finding probable cause?
- Motion for Recon
How many days?
Within 5 days
From the denial that is the time you file the petition for certiorari with what court?
- Supreme court
“You need to file an MR before you avail of a certiorari as a rule. Because you only avail of a certiorari if
there is no other place with the adequate remedy under the ordinary course of law. So, your ordinary remedy is a
motion for recon. Now after the MR, in both instances, under the ombudsman act and under the MPS rule on appeals,
there is no more remedy provided after the denial of MR.”

2 requisites for certiorari: No more Remedy

There is a grave abuse
MPS rule on appeals- from the prosecutor level, you cannot go straight up to the certiorari. Why? Because
from the prosecutor you have other remedies such as MR or petition for review with the SOJ.

When is there an inquest?

 - When there is a valid warrantless arrest
- Brought within the period prescribed (Art. 125 rpc) – 12 hrs for light penalties and their equivalents, 18
hrs for correctional penalties and their equivalents, 36 hrs for afflictive or capital penalties
“The period provided under 125 has already expired without the person being delivered to the proper authorities or to
the court. Within that period you must conduct an inquest which is equivalent to the PI to determine the person should
be charged. Before that period expires either you file already the information in court or you release. But if you release
it does not follow that they are not guilty. It just means that you will have to go through a different process such as
conducting a preliminary investigation. The inquest is subject to a time limit.”
If that person is still confined beyond the period prescribed, what is your remedy?
- Habeas Corpus
If you sign a waiver of the periods under 125, does that mean you will be released or you will be detained longer
that the periods under 125?
- Detained longer
If the time is insufficient for them to determine whether there is probable cause they need to release, they just need to
file a complaint – PI
The only instance where there will be a preliminary investigation in lieu of inquest is when the person detained files a
waiver of the inquest period, so it will be a PI, mas matagal.
Is there an instance where you did not avail of a waiver to conduct preliminary investigation. The inquest
officer found probable cause and filed a case against you. Can you still have a preliminary investigation?
- Yes. Within 5 days from the knowledge of the date of the filing of the information.
What is the first thing that the inquest officer does in an inquest?
- To ascertain that the warrantless arrest was valid
- If invalid, inquest officer should release
Is it the inquest officer who decides or is it for the approval of the chief prosec
- Subject to the approval
The records of the preliminary investigation or inquest, do they automatically form part of the court records?
- No
The probable cause determined in a PI is that the same as the probable cause determined by a court?
- No.
What is the probable cause determined by the court?
- If there are facts and circumstances that a warrant of arrest should be given
“upon the filing of the information, the court determines the probable cause.”
Can the accused upon the filing of the information file a motion for judicial determination of probable cause?
But before a warrant of arrest has been issued upon the filing of the information.
- No, rules of continuous trial “you are not allowed to file a motion of judicial determination of probable
cause.”
- Used to delay proceedings
Upon the filing of the information, can the court dismiss outright the case?
 - Yes, if the judge does not find probable cause
Should a judge personally interview the witnesses
- No, she can rely on the report of the prosecutor
- She still needs to make her own determination of probable cause
What is a precautionary hold departure order?
- Then the person is prevented to leave the country
Is it required that you are already convicted of the crime?
- No
Can you apply for this during the preliminary investigation?
- Yes
do we get the precautionary hold departure order from the prosecutor?
- No, the court
Is it enough that it is from the motion of the complainant?
- No, there must be a recommendation by the prosecutor. Because upon preliminary determination of the
prosecutor of probable cause. There has to be a preliminary determination of probable cause
- It will be applied with the RTC
If the crime took place in QC can you apply for it in Makati?
- Where the crime was committed. Any exception?
- In Manila, QC, Cebu, Iloilo, Davao, CDO, the RTC may act on motions filed in relation to those instituted
by the NBI regardless where the alleged crime was committed.
Once you obtain a precautionary hold departure order, is it enough? Or do you need to do something to
ensure that the other party does not leave the PH.
 RULE 114-115
What is Bail
-Bail is the security given for the release of a person in custody of the law, furnished by him or a bondsman, to
guarantee his appearance before any court as required under the conditions hereinafter specified. Bail may be given in
the form of corporate surety, property bond, cash deposit, or recognizance
What are the conditions prescribed?

All kinds of bail are subject to the following conditions:

(a) The undertaking shall be effective upon approval, and unless cancelled, shall remain in force at all stages of
the case until promulgation of the judgment of the Regional Trial Court, irrespective of whether the case was
originally filed in or appealed to it;
(b) The accused shall appear before the proper court whenever required by the court of these Rules;
(c) The failure of the accused to appear at the trial without justification and despite due notice shall be deemed a
waiver of his right to be present thereat. In such case, the trial may proceed in absentia; and
(d) The bondsman shall surrender the accused to the court for execution of the final judgment.

The original papers shall state the full name and address of the accused, the amount of the undertaking and the
conditions required by this section. Photographs (passport size) taken within the last six (6) months showing the face,
left and right profiles of the accused must be attached to the bail.
So we apply for bail in criminal proc, correct? But in Gov. Hongkong Special admin region, bail is allowed in
what proceeding?
- Admin proceeding
Which was? What case is that?
-Extradition proc
Why was it allowed?
-Bec of the treaty (UN declaration of human rights)
What does the treaty provide?
- In 1948, the United Nations General Assembly adopted the Universal Declaration of Human Rights in
which the right to life, liberty and all the other fundamental rights of every person were proclaimed. While
 not a treaty, the principles contained in the said Declaration are now recognized as customarily binding
upon the members of the international community.
-
- The right of a prospective extraditee to apply for bail must be viewed in the light of the various treaty
obligations of the Philippines concerning respect for the promotion and protection of human rights.

What is Extradition?
- Extradition is the formal process of one state surrendering an individual to another state for prosecution or
punishment for crimes committed in the requesting country's jurisdiction
So the crim was committed where in this case?
Case: Comendador v De Villa
Case: People v. Valdez
-Before that there is first an issue of the prescribed penalty which is R. temporal in its max to R. perpetua but
if it is proven beyond reasonable doubt the imposable penalty is r. perpetua because of the prescribed penalty of
maximum of reclusion perpetua.
What do we look at? Minimum or maximum? Why?

at the minimum Because there are circumstances that would increase the penalty. And he is not yet to
be convicted
Case: Lavides v. CA
The motion to bail is without prejudice to your motion to quash?
Yes
But does the court acquire jurisdiction over the person even without arraignment?

Yes. By affirmative relief of posting bail.

A person in confinement can only be released once he is admitted to bail?

Yes because he must be in custody of law first.

Can you have a 3rd person apply for bail on your behalf?
No because you first must be in custody of law to avail bail.
When is Bail a matter of right

All persons in custody shall be admitted to bail as a matter of right, with sufficient sureties, or released on
recognizance as prescribed by law or this rule

(a) before or after conviction by the Metropolitan Trial Court, Municipal Trial Court, Municipal Trial Court in
Cities, or Municipal Circuit Trial Court, and
(b) before conviction by the Regional Trial Court of an offense not punishable by death, reclusion perpetua, or life
imprisonment.
You are arrested for the crime of adultery together with a married woman, turns out you are a serial
malandi, you like to with married women. The first time you are arrested the case was filed with the MTC, case
no. 1, you are arrested with a married woman. The case is pending with the MTC. Can you post for bail?
 -Yes
When you post for bail, during the pendency of the case against the married woman, you again
committed the crime of adultery with another woman, again you were arrested and the case was filed with the
MTC. Can you still be allowed to post bail this time on your 2nd offense?

- YES, it is a matter of right before the MTC. The rules provide that as long as it is filed with
the MTC, it is a matter of right
What if when you are in both cases with the married women, you violated the conditions
of bail. The bail where both of them cancelled in both instances. Can you apply again for bail?
-Yes because bail is matter of right in this case
So what will the court do in order to discourage you from doing those wrong
things that you’ve been doing, since you are a repeat offender of violating the bail, committing crimes during
the bail?
-They will increase the bail bond
So we are saying that before or after conviction in the MTC, bail is a matter of right. Before conviction in the
RTC, regardless of the penalty is it a matter of right?
-No,
So following again the same examples, so even you have 5 pending different cases in the RTC
but all of them have penalties below R. perpetua life and death. You are entitled to bail as a matter of right?
-Yes
Now if the penalty prescribed is R. perpetua life and death. In those instances, you
cannot apply for bail?
-No, You can still get bail if the evidence of guilt is not strong.
If the bail is denied on the ground that the evidence of guilt strong. Does it mean
that you will be convicted kaya dineny yung bail?

- No. The determination of whether the evidence of guilt is strong or not does not
automatically mean conviction. Because conviction could only be done if there is a whole blown trial, whereas in
determining if the evidence of guilt is strong, only a summary hearing is needed.
From the conviction in the RTC, lets say the penalty is 7 years. Can we still apply for bail during the pendency
of appeal?
-Yes, it is a matter of discretion
Is it correct to say that regardless of the penalty, after the conviction with the RTC, the bail is
discretionary?
No, bec if the penalty is R. perpetua or lif or death, the bail cannot be granted.
So we cannot apply for bail after conviction in the RTC if the penalty is perpetua, life or death?
-Yes, the evidence of guilt is already strong.
So, Section 5 talks about the condition or the circumstances that the court must look at in granting
discretionary bail? Correct?
-yes
 Is it correct to say that if all the circumstances in section 5 are absent, bail will be granted as a
matter of right if it after conviction in the RTC?
-No bec it is a matter of discretion
If none of the circumstances are present it is not automatic that bail will be granted pending
appeal.
-Yes, It is still subject to the discretion of the court
What are the circumstances mentioned in section 5 in determining whether or not to grant bail?
Is probation the same as parole?
-no
What is parole?

What are the guidelines of the court in determining the amount of bail? Sec 9 (This is not an exclusive list, don’t
say na 10 lang)
If you are charged with 5 counts of estafa, does it mean you have to apply for bail 5 times?

Yes, 5 bails, you will post for bail for the separate crimes. Because the counts can be raffled to different courts. Bail is
per offense. Bail is per prescribed penalty. There is no value meal in crimes unless there is a special complex crime.
Case: Leviste v. CA
Do we need to have a hearing for the posting of bail?
-Yes
Even if it is matter of right?
-Yes, for the purpose of fixing the amount of bail
What is a corporate surety?
Sec 10
Case: People v. Fitzgerald
Case: Enrile v. Sandiganbayan
The crim here, is it bailable or non-bailable?
Case: Trillanes IV v. Pimentel
Why did trillanes want to apply for bail
What is a property bond?
Does it include movable property?
-No, only real property
How do we post a property bond?
What will you annotate?
After annotation, what will happen next?
What are the qualifications in sureties in property bond?
Do sureties need to execute an affidavit?
What is the purpose of the affidavit?
What is a recognizance?
Where do you apply for bail?
If a bail is a matter of discretion, or the accused seeks recognizance, where do u apply it?

HEARING
There must be a hearing when if its matter of right or discretion?
-yes
If it is discretionary bail and the prosecutor does not give its recommendation, should the court
automatically grant bail?
-No
Case: Panganiban v Tresorero
If the case is pending in QC, you were arrested in MNL, the rule is you can post bail in MNL.
Is forfeiture of bail the same as cancellation of bail
Case: Floresta v. Ubiadas
When is there cancellation of bail?
Can the bondsman ask for cancellation of bail without surrendering the accused?
Case: People v. Escobar
If you post for bail, do you waive the illegality of the arrest?
Provided that?
Case: Napoles v. Sandiganbayan
When can you reduce or increase the amount of bail
Case: Villanueva v. Buaya
Give me the rights of the accused
When does it cease to become a general inquiry and an inquiry of custodial investigation?
-When it is specific already to a crime
What are the obligations of the officer during custodial investigation and the rights of the person detained?
If there is an extrajudicial confession during a custodial investigation, is it valid?
-May be allowed, provided that it is in writing and in a presence of a counsel
Can you waive your right to counsel?
-Yes.
Do you need a counsel to get rid of a counsel?
-Yes
What is the right against self-incrimination?
So we cannot subpoena an accused and used him as a witness for the prosecution?
-Yes
If the accused does not testify on his behalf, will that prejudice the accused?
Let us say that the crime is rape, can the prosecution cross examine you after you testify?
Can the prosecution ask you for the crime of rape? Or can you refuse for it being violative of your right
against self incrimination.
-Once you testify, you already waive your right with respect to the crime.
During his cross examination, he was asks about his non payment of taxes, can he refuse to answer?
Yes he can
-If he is asked about a question that is not related to the rape, he can refuse to answer.
Can you invoke your right self-incrimination in admin proc?
-Yes, in any proceeding
How about an ordinary witness who is not an accused, can he invoke right to self incrimination?
-He cannot outright refuse to testify.
If you are required to take a DNA test, is that a violation of your right to self incrimination?
-No
Distinguish the case of Villaflor v. Samson from the case of Beltran v. Samson
Can the accused waive his right to attend the proceeding?
The right to speedy disposition of cases, does it only involve cases pending in court?
What is an essential witness?
What is the effect of the absence of an essential witness?
When will there be an effect?
-2 consecutive times
Does the rules distinguish as to how when there will be a provisional dismissal or as long as there is 3 absences,
etc, or when the witness cannot be found? Is there such a distinction?
-Yes
What is the rule?