REVIEWER IN CRIMINAL PROCEDURE RULES 110 AND 111

REVIEWER IN CRIMINAL PROCEDURE
RULE 110 (Prosecution of Offenses)
Sec. 1. Institution of criminal actions
1. If offense is committed in chartered cities:

• Office of the City Prosecutor
2. If offense is committed outside chartered cities or provinces:
a. If it REQUIRES preliminary investigation:
• Office of the Prosecutor Crespo vs. Mogul
b. If it DOES NOT REQUIRE preliminary investigation: Once information is filed in the court,
• Directly to the MTC; or the court has jurisdiction over the case.
• Office of the Prosecutor
Sec. 2. Complaint or Information
*REQUISITES of Complaint or Information
1. Must be in writing;
2. In the name of the People of the Philippines; and
3. Issued against all persons who appeared to be responsible of the offense involved.
Distinctions between COMPLAINT and INFORMATION:
COMPLAINT (Sec. 3) INFORMATION (Sec. 4)

Written statement Written statement
Sworn NOT sworn
Subscribed by the offended party, any peace officer, or Subscribed by the prosecutor
other public officer charged with the enforcement of the
law
Sec. 5. Who must prosecute criminal action
Public Prosecutor – has the control and supervision in a prosecution of a criminal case
*DUTIES of a Public Prosecutor: CHUA v. Padillo

-Power of the public prosecutor to exercise
• Can conduct preliminary investigation; discretionary power is NOT absolute.
• Has the control over a prosecution of the case; and
• If assigned by City Provincial Prosecutor, he can conduct inquest proceedings.
*Instances where a PRIVATE PROSECUTOR can prosecute a criminal case:
• In case of heavy work load of a public prosecutor; OR Note: This is a kind of

• If a public prosecutor is not available. intervention in criminal cases.
*REQUISITES for a PRIVATE PROSECUTOR to appear in court:
• Authorization of the Chief of the Prosecution Office or Regional State Prosecutor; AND
• Approval of the court.
REVIEWER IN CRIMINAL PROCEDURE Page 1

*Who can institute a criminal action?
1. Offended Party
2. Person charged with the enforcement of the law as long as the offense is a PUBLIC OFFENSE
3. In case of ADULTERY AND CONCUBINAGE:
• The offended party ONLY! (must include the paramour in the offense, unless he is dead)
4. In case of RAPE involving and the victim is a MINOR:
• Minor
• If incapacitated, the STATE.
5. In case of SEDUCTION, ABDUCTION, and ACTS OF LASCIVIOUSNESS:
• Offended party
• Parent N.B. This is SUCCESSIVE and EXCLUSIVE!
• Grandparent
• Guardian
Sec. 6 Sufficiency of complaint or Information
*What consist of sufficient complaint or information?
1. Name of the Accused (Sec. 7)
If the accused is KNOWN, state his FULLNAME.
If the accused is NOT KNOWN, his APPELLATION or NICKNAME will suffice; but the complaint or
information must state that the name of the accused is unknown. (John Doe / Jane Doe Accused)
2. Designation of the offense (Sec. 8)

3. Cause of the accusation (Sec. 9)
Give the facts and surrounding circumstances taking into consideration the elements of the crime.
AGGRAVATING, EVEN GENERIC, AND QUALIFYING CIRCUMSTANCES MUST BE ALLEGED!
Nombrefia v. People (2007)

-What determines the real nature and cause in the accusation against the accused is the actual
recital of facts stated in the information and not the caption or preamble.
4. Place of commission of the offense (Sec. 10)

EXCEPTION: If the place is a material
element of the crime
GENERAL RULE: Approximation of the
place will suffice, and precise place is I.E.
not necessary.
• Violation of domicile
• Trespass to dwelling
• Arson

5. Date of commission of the offense (Sec. 11)
EXCEPTION: If the date is a material
element of the crime
GENERAL RULE: Approximation of the
date will suffice, and precise date is not I.E.
necessary.
• Infanticide
• Abortion
• Election offenses
6. Name of the offended party (Sec. 12)

If the offended party is KNOWN, state his FULLNAME.
If there is no better way than identifying him, then FICTITIOUS NAME will suffice.
If offenses AGAINST THE PROPERTY and the accused is UNKNOWN, property must be described
with particularity.
If the offended party is a JURIDICAL PERSON, any name or designation by which it is known.
Sec. 13. Duplicity of offenses
*GENERAL RULE: One information or complaint must contain only one offense.
**EXCEPTION: When the law prescribes a single punishment for various offenses as in the case of complex crimes.
Sec. 14. Amendment or substitution
REFERENCE POINT: Plea!
*If made before plea: Information or complaint can be amend both as to matters of form and substance.
*If made after plea: Information or complaint can be amend but ONLY as to matters of form for as long as it will not
prejudice the rights of the accused.
*Instances where there is only a formal amendment in the information:
1. New allegations which relate only to the range of the penalty that the court might impose in the event of
conviction.
2. Amendment which does not charge another offense different or distinct from that charged in the original one.
3. Additional allegations which do not alter the prosecution’s theory and will not surprise the accused.
4. Amendment which does not adversely affect any substantial right of the accused.
5. Amendment that merely adds specifications to eliminate vagueness in the information.

An amendment where it:
• Downgrades the nature of the crime; and Ricarce v. Court of Appeals (Feb. 9, 2007)
• Excludes an accused in any information -A substantial amendment consists of the recital
of facts constituting an offense charged and
Shall made:
determinative of the jurisdiction of the court. All
• Before plea; other matters are merely a matter of form.
• With notice to the offended party; and
• With leave of court
Substitution – when the prosecution is convinced that it will not be able to convict or to cause the conviction of the
accused, the prosecution can cause the substitution of the information.
Sec. 15. Place where action is to be instituted
1. In a court of municipality or territory where the offense is committed, or any of its essential ingredients
occurred.
2. Where an offense is committed in train, aircraft, or any public or private vehicle, information can be filed in
any court where said vehicle passed during its trip, including its departure and arrival.
3. Where an offense is committed on a board vessel in course of its voyage, the information can be filed in court
of the first port entry, or court of any municipality where it passed during its voyage.

RULE 111 (Prosecution of Civil Action)
Sec.1. Institution of criminal and civil action
EXCEPTIONS:
GENERAL RULE: Once a criminal action is instituted, • Reserves the right to institute it separately
the civil action is likewise instituted. • The offended party waves the civil action
• Institute it prior to the criminal case
*A civil action can be reserved at ANY TIME BEFORE THE PROSECUTION COMMENCES WITH THE PRESENTATION OF
ITS EVIDENCE.
*No COUNTERCLAIM, CROSS-CLAIM, or THIRD PARTY COMPLAINT may be filed by the accused in the criminal case.
*BP Blg. 22: NO RESERVATION to file such civil action shall be allowed.
Sec. 2. When separate civil action is suspended
When a civil action arising from the delict is instituted ahead of a criminal action arising from the same delict,
such civil action will be SUSPENDED in whatever stage it may found before judgment on the merits, but it CAN
BE CONSOLIDATED.
Sec. 3. When civil action may proceed independently
*The independent civil action in cases provided in Arts. 32, 33, 34, and 2176 of Civil Code can proceed even without
reservation.
*Substitution of the accused where in a legal representative will be named will come into play also when the claim
arises from other sources of obligation.
Sec. 4. Effect of death on civil actions
*Accused dies:
• AFTER the arraignment: the criminal case including the civil liability arising from the delict will be
EXTINGUISHED.
• BEFORE the arraignment: the criminal case CAN PROCEED against the estate.
Sec. 5. Judgment in civil action not a bar
*A final judgment rendered in a civil action absolving the defendant from civil liability in is NOT A BAR to criminal
action against the defendant for the same act or omission subject of the civil action.
Nuguid vs. Nicdao (February 2006)

- Acquittal will not bar a civil action in the following cases:
• Where the acquittal is based on reasonable doubt as only preponderance of evidence is required in civil cases;
• Where the court declared the accused liability is not criminal but only civil; and
• Where the civil liability does not arise or based upon the criminal act of which accused was acquitted.

Sec. 6. Suspension by reason of prejudicial question
Prejudicial Question – it arises in a case the resolution of which is a logical antecedent of the issue involved in the
criminal case, and the cognizance of which pertains to another tribunal. It is based on a fact distinct and separate
from the crime is so intimately connected with the crime that it determines the guilt or innocence of the accused.
*Where to file?
• BEFORE THE PROSECUTOR conducting the preliminary investigation; and
• IN COURT before the prosecution rest its case.
Sec. 7. Elements of prejudicial question
*REQUISITES
• The previously instituted civil action involves an issue similar or intimately related to the issue raised in the
subsequent criminal action; and
• The resolution of such issue determines whether or not the criminal action may proceed.
Magistrado vs. People (July 10, 2007)

-For a prejudicial question in a civil case to suspend a
criminal action, it must appear not only in that said case
involves facts that intimately related to those of the
criminal prosecution , but it should also established the
guilt or innocence of the accused.

RULE 112 (Preliminary Investigation)
Sec. 1. Preliminary investigation defined; when required
Preliminary investigation – inquiry or proceeding to determine whether there is a sufficient ground to engender a well
– founded belief that a crime has been committed and the respondent is probably guilty thereof, and should be held
for trial. ONLY A STATUTORY RIGHT.
*REQUIRED: when the penalty prescribed for the offense is AT LEAST 4 years, 2 months, and 1 day.
*NOT REQUIRED: x x x LESS THAN 4 years, 2 months, and 1 day
*Where to file?
1. Chartered cities
• If the accused is a public officer, in the ombudsman
2. Non chartered cities
• Direct filing in court
Sec. 2. Officers authorized to conduct preliminary investigation
1. Provincial or City Prosecutors and their assistants;

2. National and Regional State Prosecutors; and
3. Other officers may be authorized by law.
Sec. 3. Procedure
1. Filing of an affidavit complaint and the affidavit complaint must be duly sworn to before a public prosecutor
or a public officer authorized to administer oath, or in the absence or unavailability of a Public Prosecutor,
before a notary public.
2. Within 10 days after the filing, the public prosecutor can either dismiss it outright if there is no ground to
continue the investigation or issue a subpoena to the respondent.
3. Within 10 days from receipt a subpoena, respondent shall submit a counter-affidavit.
4. The investigating prosecutor shall resolve the complaint based on the evidence presented by the complainant
if the respondent cannot be subpoenaed, or if the respondent does not submit counter affidavit within 10
days.
5. The investigating officer may set a hearing if there are facts and issues to be clarifies. (Parties have no right to
examine or cross-examine)
6. Within 10 days after the investigation, the investigating officer shall determine whether or not there is a
sufficient ground to hold the respondent for trial.
Sec. 4. Resolution of investigation prosecutor and its review
*Should the investigating prosecutor finds cause to hold the respondent for trial, he shall prepare the resolution and
information. Within 5 days, he shall forward the record of the case to the provincial or city prosecutor or the
ombudsman or his deputy.

*Should the investigating prosecutor finds NO cause to hold a respondent for trial, he shall recommend the dismissal
of the complaint. No complaint or information may be filed or dismissed by an investigating prosecutor without a
prior written authority or approval of the provincial or city prosecutor, chief state prosecutor, or ombudsman.
Sec. 5. When warrant of arrest may issue
Regional Trial Court Municipal Trial Court

Within 10 days, the judge shall personally evaluate the Same procedure as to the RTC, BUT ONLY TO THE
resolution of the prosecutor. OFFENSES THAT WENT THROUGH PRELIMINARY
• IF THERE IS A PROBABLE CAUSE, judge may issue INVESTIGATION.
a WARRANT OF ARREST or a COMMITMENT
ORDER. But if there is NO preliminary investigation,
• IF THERE IS NO PROBABLE CAUSE, judge may • If filed with the prosecutor, he shall act on the
dismiss the case. (or judge can call for a hearing complaint based on the affidavits and other
for further presentation of evidence within a supporting documents submitted by the
period of 5 days) complainant within 10 days from its filing.
• If filed with the MTC:
• If the judge finds NO PROBABLE CAUSE,
he may dismiss the case, or he can set a
hearing for further presentation of
evidence within 10 days from notice.
• If WITH PROBABLE CAUSE, he may issue a
WARRANT OF ARREST or a COMMITMENT
N.B. Prosecutor CANNOT issue a warrant of
ORDER (if accused had already been
arrest. Because issuance of it is a JUDICIAL arrested) or SUMMONS if there is no
FUNCTION, and not executive function. necessity to place the accused under
custody.
Sec. 8. Cases not requiring a preliminary

investigation nor covered by the Rule on
Summary Proceeding.
*Warrant of arrest shall not issue if:

• If the accused is already UNDER DETENTION;
• If the accused is LAWFULLY ARRESTED WITHOUT WARRANT; and
• If the offense is penalized by a fine ONLY.
Sec. 6. When accused lawfully arrested without warrant
* Inquest proceeding is NOT equal to Preliminary investigation.
*The duty of an inquest prosecutor is either to order that respondent be detained if the evidence appears to be
strong, or that the respondent be released for further preliminary investigation.
*BEFORE THE COMPLAINT OR INFORMATION IS FILED, the person arrested may still ask for a preliminary
investigation, but he MUST SIGN A WAIVER OF THE PROVISIONS OF ART. 125 of RPC (Deliverance of accused), in the
PRESENCE OF HIS COUNSEL. And he may apply for bail.
*AFTER THE FILING OF COMPLAINT OR INFORMATION, WITHIN 5 DAYS from the accused learns of its filing, he may
ask for a preliminary investigation.

Note: Only those offenses that would require preliminary investigation will have to go through inquest
proceedings. Those offenses that does not require preliminary investigation need not go through an inquest
proceeding
If no need for preliminary investigation, and the accused was detained, then apply for bail.
*Who can conduct an inquest proceeding?
• Prosecutor
• If there is no available public prosecutor, the case can be filed directly in court.
Sec.7. Records
*GENERAL RULE: The record of the preliminary investigation shall NOT form part of the records of the case.
**EXCEPTION: Apply for an order to elevate the records to the criminal case when it is necessary in the resolution of
the case, or when it is introduces as an evidence of the case.

RULE 113 (Arrest)
Sec. 1. Definition of arrest
Arrest – is the taking of a person into custody in order that he may bound to answer for the commission of an offense.
Sec.2. Arrest; how made
• It is made by an actual restraint of a person to be arrested

• By his submission to the custody of the person making the arrest
*No violence is necessary in making an arrest. Person arrested shall not be a subject a greater restraint than is
necessary for his detention.
Sec.3. Duty of arresting officer
*Duties of arresting officer
• Executed the warrant to arrest to the accused; and

• Deliver him to the nearest police station or jail without unnecessary delay.
Sec. 4. Execution of warrant
*The warrant of arrest shall be executed WITHIN 10 DAYS FROM ITS RECEIPT.
**If the 10 days expires, the officer to whom it was assigned for execution shall make a report to the judge who
issued the warrant. In case of failure to execute the warrant, he shall state the reasons therefor.
N.B.: The effective life of the warrant of arrest is UNTIL SERVED OR SET ASIDE BY THE COURT.
The 10 days provided in the section 4 of Rule 113 is only the 10 days for the public or the police officers to
comply with the service of the warrant of arrest.
**This is different from a search warrant which has only an effective life of 10 days.
Sec. 5 . Arrest without a warrant; when lawful
*A PEACE OFFICER or PRIVATE PERSON may arrest a person without a warrant:
• When, IN HIS PRESENCE, the person has committed, is actually committing, or is attempting to commit an
offense.
People vs. Laguio (2007)

Requisites of In Flagrante Delicto:
• The person to be arrested must execute an overt act. There should be an overt act indicating
that he has committed, is actually committing, or has just committed the crime.
• Such overt act was done or committed in his presence or within the view of the officer.
• When an offense has just been committed and he has probable cause to believe based on PERSONAL
KNOWLEDGE of facts and circumstances that the person to be arrested has committed it.
• When the person to be arrested is a prisoner who HAS ESCAPED from a penal establishment or place where
he is serving final judgment or is temporarily confined while his case is pending, or has escaped while being
transferred from one confinement to another.
Note: Additional circumstances where a person can be arrested without a warrant:
• When a person lawfully arrested escapes or is rescued, any person may immediately pursue or retake him
without a warrant at any time and any place within the Philippines (Sec. 13, Rule 113)
• An accused released on bail may be re-arrested without the necessity of a warrant if he attempts to depart
from the Philippines without the permission of the court where the case is pending. (Sec. 23(2), Rule 114)
Sec.6. Time of making an arrest
*Any day and any time of the day or night.
Sec. 7. Method of arrest by officer by virtue of warrant
*Officer shall inform the person to be arrested of the cause of the arrest and the fact that the warrant has been
issued for his arrest.
**EXCEPTION: When he flees or forcibly resists before the officer has opportunity to so inform him, or when giving of
such information will imperil the arrest.
NOTE: The officer need not have to have the warrant of arrest in his possession at the time of the arrest, but
after the arrest, when the person arrested so requires, the warrant shall be shown to him as soon as practicable.
Sec. 8. Method of arrest by officer without a warrant
*The officer shall inform the person to be arrested of his authority and the cause of the arrest
**UNLESS the latter is either engaged in the commission of an offense, is pursed immediately after its commission,
has escapade, flees, or forcibly resists before the officer as opportunity to so inform him, or when the giving of such
information will imperil the arrest.
Sec.9. Method of arrest by a private person
*He shall inform the person to be arrested of the intention to arrest him and the cause of the arrest.
**UNLESS the latter is either engaged in the commission of an offense, is pursed immediately after its commission,
has escapade, flees, or forcibly resists before the officer as opportunity to so inform him, or when the giving of such
information will imperil the arrest.
Sec.10. Officer may summon assistance
*Every officer when making n arrest may summon as may person as he may deemed necessary to carry out an arrest.
Sec.11. Right of officer to break into building or enclosure
*An officer may break into the building or enclosure where the person to be arrested is or is reasonably believed to
be IF HE REFUSED ADMITTANCE THERETO after announcing his authority.

Sec.12. Right to break out from building or enclosure
*An officer may break out from a building or enclosure when it is necessary to liberate himself.
Sec.14. Right of an attorney or relative to visit person arrested
*Attorney – any hour of the day, or the night.
*Family member – subject to reasonable regulations.

RULE 114 (Bail)
Sec. 1. Bail defined
Bail – 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.
*Kinds of bail
• Corporate surety N.B. If there is bail, there is a

deprivation of liberty.
• Property bond
• Cash deposit
• Recognizance
Sec. 2. Conditions of the bail; requirements
1. 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 RTC.
2. The accused shall APPEAR before the proper court whenever required by the court or these rules. ALTHOUGH
THE APPEARANCE CAN BE WAIVED IF IT IS STIPULATED IN THE BAIL.
3. 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.
4. The bondsman shall surrender the accused to the court for execution of final judgment.
Sec. 3. No release or transfer except on court order or bail
*GENERAL RULE: No person under detention by legal process shall be released or transferred.
**EXCEPTIONS:
• Upon order of the court

• When the accused is admitted to bail
Sec. 4. Bail, a matter of right; Exception
*When is bail a matter of right?
1. BEFORE OR AFTER CONVICTION BY MTC, MTCC, MCTC, MeTC for as long as it is not final and executory.
2. BEFORE CONVICTION BY THE RTC of an offense NOT punishable by death, reclusion perpetua, or life
imprisonment, even if the penalty for an offense exceeds 6 years.
3. Evidence of guilt has not been shown.
San Miguel vs. Maceda (administrative case)

N.B.: Court cannot deny bail if it is a
-The existence of a high degree of the probability
matter of right. BUT CAN INCREASE
that the defendant will abscond confers upon the
BAIL.
court no greater discretion than to increase the
bond. To deny him with his right to bail is in violation
of his right.

Sec. 5. Bail, when discretionary
N.B.: It does not cover non-bailable
*When is bail a matter of discretion?
1. AFTER CONVICTION BY THE RTC where the penalty for the offense is not death, reclusion perpetua, or life
imprisonment.
*If the penalty imposed by the trial court is imprisonment EXCEEDING 6 YEARS:
• The accused should be denied of bail; or
• His bail be cancelled
x x x… upon showing by the prosecution, with notice to the accused of the following or other similar circumstances:
1. That he is receidivist, quasi-receidivist, or habitual delinquent or has committed the crime aggravated by
reiteration;
2. That he has previously escaped legal confinement, evaded sentence, or violated the conditions of his bail
without justification.
3. That he committed the offense while under probation, parole, or conditional pardon.
4. That the circumstances of his case indicate the probability of flight if released on bail.
5. That there is undue risk that he may commit another crime during the pendency of the appeal.
Note: When an offense is originally non-bailable and after judgment, it

becomes bailable, apply the bail to appellate court (next level court).
Note: Hearing (summary hearing) is REQUIRED AND MANDATORY for a

non-bailable offense!
• If there are two or more accused, then there will be a joint

hearing.
N.B.: A hearing for application of bail is

MANDATORY whether it is a matter of
right or a matter of discretion.
Mabutas v. Perillo
**DUTIES OF A JUDGE IN BAIL HEARING
• Notify the prosecutor or require him to submit a recommendation.
• If a bail is discretionary, conduct a hearing on application for bail regardless of whether or not the
prosecution refuses to present evidence.
• Decide whether the guilt of the accused based on the summary evidence of the prosecution.
• If the guilt of the accused is NOT strong, discharged the accused upon the approval of the bail bond.
Sec. 6. Capital offense defined
*Offense PUNISHABLE BY DEATH

Sec. 7. Capital offense or an offense punishable by reclusion perpetua or life imprisonment, not
bailable
*Bail is not admissible if THE EVIDENCE OF GUILT IS STRONG in cases of capital offense, reclusion perpetua, or life
imprisonment, regardless of whatever stage of the prosecution.
Sec. 8. Burden of proof in bail application
*PROSECUTION has the burden of proof to show that the evidence of guilt is strong.
Sec.9. Amount of bail; guidelines
*Who recommends? – The PROSECUTOR, not the court!
*Who shall fix the bail? – The JUDGE who issued the warrant if arrest against the accused. He may increased or
reduced the amount bail recommended by the prosecutor based on any of the following:
Financial ability of the accused to give bail Nature and circumstances of the offense
Penalty for the offense charged Character and reputation of the accused
Age and health of the accused Weight of the evidence against the accused
Probability of the accused appearing at the trial Forfeiture of bail
The fact that the accused was a fugitive from justice Pendency and other cases where the accused is on bail
when arrested
Sec. 10. Corporate surety
*Bond issued by a SURETY COMPANY accredited by the Supreme Court.
*Who can be a surety company? – ANY COMPANY, domestic or foreign licensed as surety may provide bail by bond
subscribed jointly by the accused and an officer of the corporation.
Sec. 11. Property bond, how posted
*The security here is the PROPERTY.
Sec. 12. Qualifications of sureties in property bond
*REQUISITES of a property bond to be allowed:
1. The owner of the property should be a resident of the Philippines, but it need not to be the accused himself.
(MOST IMPORTANT!)
2. Where there is only one surety, his real estate must be worth at least the amount of the undertaking.
3. If there are two or more sureties, each may justify in an amount less than expressed in the undertaking but
aggregate of the whole amount of bail demanded.

Sec. 13. Justification of sureties
*Every surety shall:
• Justify by affidavit taken before the judge that he possesses the qualifications prescribed in the preceding
section.
• Describe the property given as security, stating the nature of his title, its encumbrances, the number and
amount of other bails entered into by him and still undischarged, and his other liabilities.
• No bail shall be approve unless the bail is qualified.
Sec. 14. Deposit of cash as bail
*CASH BOND means the amount of bail. This CAN BE RETURN if accused is acquitted, or the case against him was
dismissed, or even if the accused is convicted, assuming that he has no civil liability.
*Where to file?
1. Nearest collector of Internal Revenue

2. Provincial, City, or Municipal Treasurer
Sec. 15. Recognizance
*An accused CAN BE RELEASED on his own recognizance, or that of a reputable member of the community.
Sec. 16. Bail, when not required; reduced bail or recognizance
*NO BAIL SHALL BE REQUIRED WHEN THE LAWOR THE RULES SO PROVIDE.
1. When a person has been in custody for a period of equal to or more than the possible maximum
imprisonment for the offense charged, he shall be released immediately.
2. If the maximum penalty is destierro, he shall be released after 30 days of preventive imprisonment.
3. A person in custody for a period of equal to or more than the minimum of the principal penalty prescribed,
shall be released in reduced bail or on his own recognizance, at the discretion of the court.
Sec. 17. Bail, where filed
*Where can you apply for bail?
1. IF THE ACCUSED WAS ARRESTED WHERE THE CASE IS PENDING, in the court where the action is pending.
EXCEPTION: The accused can

post a bail on the other court if
the judge where the case is
pending is ABSENT or
UNAVAILABLE.
2. If the accused is arrested in province, city, or municipality OTHER THAN WHERE THE CASE IS PENDING, bail
may also be filed in ANY RTC, or if absence or unavailability, BEFORE ANY MTC of the said place.
3. If bail is a matter of discretion or requires a matter of recognizance, it can be apply in the COURT WHERE THE
ACTION IS PENDING.

4. Any person in custody who is NOT YET CHARGED IN COURT may apply bail with ANY COURT in the province,
city, or municipality WHERE HE IS HELD.
Sec. 18. Notice of application to presecutor
*Court must give a notice of hearing for bail and require him to submit his recommendation.
Sec.19. Release on bail
*The court must discharged the accused upon the approval of the judge to whom it was filed.
**But if bail is filed in any other court, the judge who accepted the bail shall forward it to the court where the case is
pending.
Sec. 20. Increase or reduction of bail
*The court may either increase or reduce the amount of bail after the accused is admitted to bail.
Sec. 21. Forfeiture of bail
*When the accused fails to appear in person as required, his bail shall be forfeited.
*The bondsman is given 30 days within which to:
• Produce the body of the principal or give the reason for his non-production; and
• Explain why the accused did not appear before the court when first required to do so.
Note: If the bondsman failed to do so, the judge will forfeit the bail.
REMEDY for forfeiture of bail: APPEAL!
Sec. 22. Cancellation of bail
* Cancellation of bail means that it will NO LONGER BE IN EFFECT.
*When can be made?
• Upon application of bondsmen with due notice to the prosecutor upon surrender of the accused or proof of
his death.
*When can a bail be automatically be cancelled?
• Acquittal of the accused

• Dismissal of the case without the express consent of the accused
• Execution of the judgment of conviction
Sec. 23. Arrest of accused out on bail
*For the purpose of surrendering of the accused, the bondsmen may arrest him, or upon written authority, by a police
officer or any other person of suitable age and discretion.
Note: If there is warrant of arrest, there is no need for
certificate of arrest to apply for bail.

*An accused released on bail may be re-arrested without the necessity of a warrant if he attempts to depart from the
Philippines without permission of the court where the case is pending.
Sec. 24. No bail after final judgment, exception
*General Rule:
• No bail shall be allowed after final judgment of conviction has become final.
• In no case shall bail be allowed after the accused has commenced to serve sentence.
**EXCEPTIONS:
• BEFORE FINALITY OF JUDGMENT, accused has applied for PROBATION, he may allowed temporary liberty
under his bail.
• WHEN NO BAIL WAS FILED OR ACCUSED IS INCAPABLE OF FILINE ONE, the court may allow his release on
RECOGNIZANCE to the custody of a responsible member of the community.
Sec. 25. Court supervision of detainees
*The court shall exercise supervision over all persons in custody for the purpose of eliminating unnecessary
detention.
Sec. 26. Bail not a bar to objections on illegal arrest, lack of or irregular preliminary investigation
*An application of bail shall not bar the accused from:
• Challenging the validity of the arrest or the legality of warrant issued therefor; and
• Assailing the regularity or questioning the absence of the preliminary investigation of the charge against him.
x x x… provided that he raises them BEFORE ENTERING HIS PLEA.

RULE 116 (Arraignment and Plea)
Sec. 1. Arraignment and plea; how made
*Where made? Note: Absence of arraignment

shall result in NULLITY of
• In the court where the complaint or information was filed. proceedings.
*How made?
Note: Failure to do these matters shall not affect the validity of

• In an open court
the proceedings.
• By the JUDGE OR CLERK
• Furnishing the accused with a copy of complaint or information
• Reading the complaint or information in the language or dialect known to the accused
• Asking the accused whether he plead guilty or not.
*The accused MUST BE PRESENT at the time of arraignment and PERSONALLY ENTERS his plea.
Note: If the ACCUSED IS NOT ARRAIGNED, there can be NO TRIAL IN

Note: If the ACCUSED IS
ABSENTIA because that is his VIOLATION OF HIS CONSTITUTIONAL
ABSENT, then the proceedings
RIGHT to be informed of the nature and cause of accusation against
CANNOT CONTINUE.
him.
People vs. Trinidad (March 14, 2007) *Belated Arraignment

-the procedural defect was cured when his counsel participated in the trial without raising any objection
that his client had yet to be arraigned. In fact, his counsel cross-examined prosecution witnesses. Moreover,
no protest was made when appellant was subsequently arraigned.
*Here, eventhough there was a belated arraignment, the SC did not render the proceedings null and void
because the counsel has given the opportunity to cross-examine the witness and participated in the
proceedings.
*When does the court will enter a PLEA OF NOT GUILTY for the accused?
• When the accused REFUSES TO PLEAD or MAKES A CONDITIONAL PLEA

• When the accused plead guilty BUT PRESENTS EXCULPATORY or SELF – DEFENSE EVIDENCE
*When can a PRIVATE OFFENDED PARTY be required to be present at the arraignment?
• Plea bargaining
Note: In case of failure of the offended party to appear despite due notice, the COURT MAY ALLOW THE
ACCUSED TO ENTER HIS PLEA OF GIUILTY TO A LESSER OFFENSE.
• Determination of civil liability

• Other matters requiring his presence.
Note: If the PRIVATE OFFENDED PARTY IS NOT PRESENT DURING THE ARRAIGNMET, it DOES NOT NULLIFY the
proceedings.
*REASON: Because the private offended party is just a witness of the state. (other term: complaining witness)

*When made?
• WITHIN 30 DAYS from the court acquires jurisdiction over the accused (unless a shorter period is provided by
special law or SC circular)
• If accused is under PREVENTIVE DETENTION:
 His case shall be raffled within 3 days after filing of the information or complaint in the court.
 Arraignment shall take place WITHIN 10 DAYS from the date of raffle.
 Pre-trial shall commence 10 DAYS thereafter.
Sec. 2. Plea of guilty to a lesser offense
Example:
Note: Plea of guilty to a lesser • From murder to homicide
offense has the same meaning • From qualified theft to theft
as plea bargaining in Rule 118.
• From robbery to theft
*REQUISITES of plea of guilty to a lesser offense

Note: If the offended party is absent during plea bargaining,
then it shall be deemed that he gave his consent to the plea,
• With the consent of offended party; and
and notice to the prosecution alone will suffice for the plea of
• Consent of prosecution
guilty to a lesser offense to be appreciated by the court.
*Opportunities where you can avail plea of guilty to a lesser offense
• During arraignment
• After arraignment, but before trial
• During pre-trial
Sec. 3. Plea of guilty to capital offense; reception of evidence
*Duty of court when accused pleads guilty to a capital offense
• Conduct searching inquiry to ascertain:

 Voluntariness of the plea
 Whether or not the accused has full comprehension of the consequences of his plea
• Requires the prosecution to prove:
 Guilt of the accused
 Precise degree of his culpability
• Ask the accused if he wishes to present evidence in his behalf and be allowed to do so.
Note: HEARING IS MANDATORY because the courts must proceed with more care where the possible
punishment is death because is such is irreversible, and PROSECUTION SHALL ESTABLISH EVIDENCE AND
EXACT CULPABILITY OF THE ACCUSED.
People vs. Ulep

*REQUIREMENTS FOR SEARCHING INQUIRY
• Circumstances in custodial investigation and preliminary investigation will have to be inquired upon
by the JUDGE.
• Ask the defense counsel if he has conferred with and completely explained to the accused the
consequences of his plea.
• Elicit (gather) information about the personality of the accused.
• Inform the accused the exact length of imprisonment or nature of the penalty under the law.
• Requires the accused to fully narrate the incident.

Sec. 4. Plea of guilty to non-capital offense; reception of evidence, discretionary
*When the accused pleads guilty to a NON-CAPITAL OFFENSE, the court may receive evidence to determine the
penalty to be imposed.
Note: HEARING IS NOT MANDATORY. The only purpose of hearing is to determine exact penalty for the
offense.
Sec. 5. Withdrawal of improvident plea of guilt
Improvident plea of guilt – it is a plea where the consequences thereof are NOT KNOWN to the accused.
*Reason for withdrawal: because the accused DID NOT intelligently enters his plea.
*Rules for improvident plea of guilt
• If sole basis of the conviction is improvident plea and the case reached the Supreme Court, SC will only
remand the case for further proceedings.
• If the basis of conviction is not of improvident plea, but there is improvident plea, court will render a
judgment.
Sec. 6. Duty of court to improvident plea of guilt
*BEFORE ARRAIGNMENT, the court shall inform the accused of his right to counsel and ask him if he desires to have
one. If he does not have a counsel of his own, then the court will assign a counsel de oficio to defend him.
**Exceptions:
• If the accused is allowed to defend himself in person

• Accused has employed a counsel of his choice.
Sec. 7. Appointment of counsel de oficio
*Considerations when a court can assign a counsel de ofico
• Gravity of the offense

• Difficulty of the questions that may arise in the trial
*Counsel de oficio must be a MEMBER OF A BAR in good standing who, by reason of their experience and ability, can
completely defend the accused.
**EXCEPTION: 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 PROBITY AND ABILITY, to defend the accused.
Sec. 8. Time for counsel de oficio to prepare for arraignment
*Counsel de oficio shall be given REASONABLE TIME to consult with the accused as to his plea before proceeding wth
the arraignment.

Sec. 9. Bill of particular
*BEFORE ARRAIGNMENT, the accused may file for BILL OF PARTICULARS. The motion shall specify the alleged defects
of the complaint or information and the details desired.
*REASON: To enable the accused to properly plead and prepare for trial.
Sec. 10. Production or inspection of material evidence in possession of prosecution
*The accused, UPON MOTION AND NOTICE TO THE PARTIES, can demand that the records, documents in the
possession of police officers or offended party be presented TO AVOID SUPRESSION, SURPRISE, OR EVEN
DESTRUCTION.
Sec. 11. Suspension of arraignment
*Instances where arraignment can be suspended
• The accused appears to be suffering from an UNSOUND MENTAL CONDITION

Note: the court shall order his mental examination and, if necessary, his confinement for such purpose.
*REASON for suspension: because the accused is unable to understand the nature and cause of accusation
against him.
• There exist a prejudicial question
Note: Motion for suspension must be filed to the prosecutor or the court, which has jurisdiction over the case
before prosecution rests its case.
• A petition for review of the resolution of the prosecutor is pending at the DOJ, or Office of the President,
however the suspension shall not exceed 60 days from the filing of petition.
Note: If the review for resolution is not yet finished within the lapse of 60 days, the court will arraign the
accused.
People vs. Astrologo (June 2007)
-Any objection, defect, or irregularity attending the arrest must be made BEFORE THE ACCUSED ENTERS HIS
PLEA OR ARRAIGNMENT. And having failed to move for the quashing of information against him before
arraignment, appellant is stopped from questioning the legality of arrest.

RULE 117 (Motion to Quash)
Sec. 1. Time to move to quash
*What is a motion to quash?

• It is a motion by which an accused assails the validity of criminal complaint or information filed against him.
• When you file a motion to quash, it mean that you want to quash the information, maybe because it is
defective, the court has no jurisdiction, etc. and it will not result to double jeopardy, unless there is an
existing double jeopardy.
*When to move for a quashal of information?

• At ANY TIME BEFORE ENTERING HIS PLEA
-Any objection, defect, or irregularity attending the arrest must be made BEFORE THE ACCUSED ENTERS HIS
PLEA OR ARRAIGNMENT. And having failed to move for the quashing of information against him before
arraignment, appellant is stopped from questioning the legality of arrest.
Sec. 2. Forms and contents
*REQUISITES
• Should be in writing
• Signed by the accused or his counsel
• Shall distinctly specify its factual and legal grounds.
Sec. 3. Grounds
*Grounds for motion to quash
• That the facts charged do not constitute an offense.
Note: If this is your ground for motion to quash the complaint, the court will
not dismiss the case outright. It will order an amendment of the complaint. But
if the prosecution failed to do so, then the court will dismiss the case.
• That the court trying the case has no jurisdiction over the offense charged.
Note: If the motion to quash is granted, the case, however, can be revived in
the court with proper jurisdiction.
• That the court trying the case has no jurisdiction over the person of the accused.
Note: If the accused has not yet been arrested, information may be quashed.
• That the officer who filed the information has no authority to do so.
Note: If the motion to quash is granted by the court, the case, however, can
be revived with person with proper authority to file the case.

Turingan vs. Garfin (2007)
-A state prosecutor lack the authority to file an information because there is
neither a directive from the secretary of justice designating him as special
prosecutor, nor the written approval of the information by the city
prosecutor. Therefore, judge correctly dismissed the case.
• It does not conform substantially to the prescribed form.

• If there are more than one offense charged in the information, unless it is a complex crime.
• That the criminal action or liability is extinguished.
• That it contains averments which, if true, would constitute a legal excuse or justification.
• That the accused has been previously convicted or acquitted of the offense charged, or the case against him
was dismissed or otherwise terminated without express consent. (DOUBLE JEOPARDY)
Note: Dismissal WITH EXPRESS CONSENT OF THE ACCUSED will not lead to a double jeopardy.
*EXCEPTION:
• Demurrer to evidence
• Dismissal of the case on grounds of speedy trial
*Other grounds: (Applicable only to cases subject to summary proceedings)
• Ground for lack of jurisdiction over the subject matter.

• Failure to comply with barangay conciliation.
Sec. 4. Amendment of the complaint or information
*If the Motion to Quash is based on defect of the complaint or information, and it can be cured by an amendment,
the Court shall order that an amendment be made.
*If the ground in the motion to quash is THE FACTS CHARGED DO NOT CONSTITUTE AN OFFENSE, the prosecution shall
be given time to correct the defect by amendment. (But if the prosecution fails to amend the complaint or
information and still suffers from the same defect, then the motion to quash can be GRANTED.)
Sec. 5. Effect of sustaining motion to quash
*If the motion to quash is SUSTAINED, the court may order that another complaint or information be filed.
Note: If ORDER IS MADE, then the accused shall NOT BE DISCHARGED of custody unless admitted to bail.
*But if NO ORDER IS MADE or if having been made and no new information s filed within specified time,
the accused SHALL BE DISCHARGED if he is in custody. (unless he is also in custody for another offense.)
Sec. 6. Order sustaining motion to quash not a bar to another prosecution, exception
*GENERAL RULE: Order sustaining the motion to quash is NOT A BAR TO ANOTHER PROSECUTION.
**EXCEPTION: Unless the motion is based on:
• Extinction of criminal liability; or

• Double jeopardy

Sec. 7. Former conviction or acquittal; double jeopardy
*The…
• Conviction;
• Acquittal; or
• Dismissal or termination of the case WITHOUT THE EXPRESS CONSENT OF THE ACCUSED
x x x… SHALL BE A BAR to another prosecution for
• The offense charged;

• Any attempt to commit the offense charged or frustration thereof; or
• For any offense which necessarily includes or is necessarily included in the offense charged in the former
complaint or information
Note: Provided that it is done upon by a valid complaint or information or other formal charge sufficient in
form or substance to sustain a conviction or acquittal and AFTER THE ACUSED HAD PLEADED TO THE CHARGE.
Note: for a DOUBLE JEOPARDY to be

appreciated, it must have the following
REQUISITES: EXCEPTIONS: (to double jeopardy)
• A valid complaint or information • Even if there is a judgment or plea, if

• The court trying the case has a there is a supervening event that would
competent jurisdiction result to graver offense.
• Arraignment must be made • Facts constituting graver offense was only
• Accused enters a valid plea discovered after plea.
• Acquittal, conviction, and dismissal • Plea of guilt to lesser offense.
without the express consent of the
accused.
*However, the conviction of the accused shall not be a bar to another prosecution under any of the following
circumstances:
• The graver offense developed due to supervening facts from the same act or omission constituting.
• The facts constituting the graver charge became known or where discovered only after a plea was entered in
the former complaint or information.
• The plea of guilty to the lesser offense was made without the consent of the prosecutor and of the offended
party.
Sec 8. Provisional dismissal
*Provisional dismissal:
• Does not operate as an acquittal;

• Temporary in character.
*A case shall not be provisionally dismissed, EXCEPT:
• With the express consent of the accused; Lacson Case (2003)

• And with notice to the offended party; and -Notice to the offended party will not suffice because it is
• And notice to the public prosecutor NOT THE OFFENDED PARTY WHO WILL REVIVE THE CASE.
(see Lacson case of 2003)

Los Banos vs. Pedro (2009): Point by point comparison of the features of Motion to quash and Provisional dismissal
Motion to Quash Provisional Dismissal
Invariably filed by accused to question the efficacy of the At the instance of either the prosecutor or accused
complaint subject to the conditions of Sec. 8, Rule 117
Form and content are stated in Sec.2, and grounds in Grounds for motion to quash is not applicable to
Sec.3 provisional dismissal
Assails the validity of criminal complaint or information Maybe grounded other than the defects of information
Allowed only before arraignment and plea Allowed even when the trial proceeds
Stays quashed until revived unless it is double jeopardy Impermanent until time bar applies.
or prescription
*TIME – BAR RULE
Offense When permanent?

Imprisonment NOT EXCEEDING 6 YEARS or fine of any 1 year after issuance of the order
amount
Imprisonment of MORE THAN 6 YEARS 2 years after issuance of order.
Note: Period will commence to run once the PUBLIC PROSECUTOR RECEIVES THE NOTICE.
Sec. 9. Failure to move to quash or to allege any ground therefor
*Before the accused pleads, failure to move to quash or to allege any ground therefor SHALL BE DEEMED A WAIVER of
any objections on the grounds in:
REASONS:
• Facts does not constitute an offense
• Accused did not file a motion to quash
• Court has no jurisdiction over the offense charge
• Accused filed a motion to quash but failed to
• Extinction of criminal liability
allege ground in said motion.
• Double jeopardy
-Any objection, defect, or irregularity attending the arrest must be made BEFORE THE ACCUSED ENTERS HIS PLEA
OR ARRAIGNMENT. And having failed to move for the quashing of information against him before arraignment,
appellant is stopped from questioning the legality of arrest.

RULE 118 (Pre – trial)
Sec. 1. Pre – trial; mandatory in criminal cases
*Pre – trial is MANDATORY IN ALL CRIMINAL CASES.
*When made?
• AFTER 30 DAYS, BUT AFTER ARRAIGNMENT from the date the court acquires jurisdiction over the person of
the accused.
*Consideration of pre – trial conference: (made before CLERK OF COURT)
• Plea bargaining;
• Stipulation of facts;
• Marking for identification of evidence of the parties;
• Waiver of objections to admissibility of evidence;
• Modification of the order of trial if the accused admits the charge but interposes a lawful; and
• Such matters as will promote a fair and expeditious trail of the criminal and civil aspects of the case.
Sec. 2. Pre – trial agreement
*REQUISITES of pre – trial conference:
• Shall be made in writing

• Signed by the accused and his cousel.
People vs. Ancheta

-An admission can only be taken against the accused if it is in writing and signed
by the accused and his counsel. And it must be approved by the court.
Note: All witnesses should be named in the pre – trial brief, all documents should
be marked. Otherwise, it would be excluded, unless in the interest of justice.
Sec. 3. Non – appearance at pre – trial conference
*If the counsel for the accused or the prosecutor does not appear at the pre – trial conference and does not offer an
acceptable excuse for his lack of cooperation, THE COURT MAY IMPOSE PROPER SANCTIONS OR PENALTIES.
*If the accused is absent during the pre – trial, prosecution cannot present evidence ex – parte.
REMEDY IF THE ACCUSED IS ABSENT:

• Arrest
• Forfeiture of bail
Sec. 4. Pre – trial order
*After the pre – trial conference, the court shall issue an order reciting the actions taken, the facts stipulated and
evidence marked.

*Such order shall:
• Bind the parties;

• Limit the trial to matters not disposed of; and
• Control the course of action during the trial.
x x x… UNLESS modified by the court to prevent manifest injustice.
People vs. Guzman (2007)

-Matters agreed upon in the pre – trial conference and stated in the pre – trial order, shall bind the parties.

RULE 119 (Trial)
Sec. 1. Time to prepare for trial
*AFTER A PLEA OF NOT GUILTY IS ENTERED BY THE ACCUSED, he shall have AT LEAST 15 DAYS to prepare for pre –
trial.
*The trial shall commence WITHIN 30 DAYS FROM RECEIPT OF THE PRE – TRIAL ORDER.
Sec. 2. Continuous trial until terminated; postponements
*Trial once commenced shall continue from day to day as far as practicable until terminated.
*The court shall, after consultation with prosecutor and defense counsel, set the case for continuous trial on a weekly
or short – term calendar at the earliest possible time so as to ensure speedy trial.
*In no case shall the entire trial period EXCEED 180 DAYS from the first day of trial (except as otherwise authorized by
the Supreme Court)
Sec. 3. Exclusion
*The burden is on the prosecution to prove that exclusions are available.
*The following periods of delay SHALL BE EXCLUDED in computing the time within which trial must commence.
• Any period of delay from other proceedings concerning the accused, including but not limited to the
following:
 Delay resulting from an examination of the physical and mental condition of the accused.
 Delay resulting from proceedings with respect to other criminal charges against the accused.
 Delays resulting from extraordinary remedies against interlocutory orders.
 Delays resulting from pre – trial proceedings, PROVIDED THAT THE DELAY DOES NOT EXCEED DAYS.
 Delays resulting from orders of inhibition, or proceedings resulting to change of venue of cases or
transfer from other courts.
 Delays resulting from a finding of the existence of prejudicial question.
 Delay reasonably attributable to any period, not to exceed 30 days, during which any proceeding
concerning the accused is actually under advisement.
• Any delay resulting from the absence or unavailability of an essential witness.
Note:
• Absence: Whereabouts are UNKNOWN
• Unavailable: Whereabouts are KNOWN but he is
not available for hearing.
• Any period of delay resulting from the mental incompetence or physical inability of the accused to stand in
trial.
• 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.
• A reasonable period of delay when the accused is joined for trial with a co-accused over whom the court has
not acquired jurisdiction, or, as to whom the time for trial has not run and no motion for separate trial has
been granted.
• Any period of delay resulting from a continuance granted by court motu proprio.

Sec. 4. Factors for granting continuance
• Whether or not the failure to grant a continuance in the proceeding would likely make a continuation of such
proceeding impossible or result in miscarriage of justice.
• Whether or not the case taken as a whole is so novel, unusual or complex, due to the number of accused or
the nature of the prosecution, or that it is unreasonable to expect adequate preparation within periods of the
time established therein.
Sec. 5. Time limit following an order for new trial
*It shall commence WITHIN 30 DAYS FROM NOTICE OF THE ORDER, but the court may extend it not more than 180
days IF THE PERIOD BECOMES IMPRACTICAL DUE TO UNAVAILABILITY OF WITNESSES.
Sec. 6. Extended time limit
*From the time that the accused was arraigned until before the trial, you should have completed or consumed only 80
days.
Sec. 7. Public attorney’s duties where accused is imprisoned
• Shall promptly undertake to obtain the presence of the prisoner for trial or cause a notice to be served on the
person having the custody of the prisoner requiring such person to so advise the prisoner of his right to
demand trial.
• Upon receipt of that notice, the custodian of the prisoner shall promptly advise the prisoner of the charge and
of his right to demand trial. If at anytime thereafter the prisoner informs his custodian that he demands such
trial, the latter shall cause notice to that effect to be sent promptly to the public attorney.
• Upon receipt of such notice, the public attorney shall promptly seek to obtain the presence of the prisoner for
trial.
• When the custodian of the prisoner receives from the public attorney a properly supported request for
availability of the prisoner for purposes of trial, the prisoner shall be made available accordingly.
Sec 8. Sanctions
*The Private counsel for the accused, the public attorney, or the prosecutor may be sanctioned on the following
grounds:
• Knowingly allows the case to be set for trial without disclosing that a necessary witness would be unavailable
for trial.
• Files a motion solely for delay which he knows is totally frivolous and without merits.
• Makes a statement for the purpose of obtaining continuance which he knows to be false and which is material
to the granting of continuance.
• Willfully fails to proceed to trial without justification consistent to the provisions hereof.
Sec. 9. Remedy where accused is not brought to trial within the time limit
*The accused can file a motion on the ground of denial of his right to speedy trial.

Sec. 10. Law on speedy trial not a bar to provision on speedy trial in the Constitution
*2 Kind of speedy trial
• Speedy trial under the Constitution;

• Speedy trial under the Rules on Criminal Procedure.
Sec. 11. Order of trial
1. The prosecution shall present evidence to prove the charge, and in the proper case, the civil liability.
2. The accused may present evidence to prove his defense and damages if any, arising from the issuance of a
provisional remedy in the case.
3. The prosecution and the defense may, in that order, present rebuttal and sur – rebuttal evidence.
Note: This is subject to discretion of

court, and NOT MANDATORY.
4. Upon admission of the evidence of the parties, the case shall be deemed submitted for decision unless the
court directs to argue or submit written memoranda.
5. When the accused admits the acts or omission in the complaint or information but interposes a lawful
defense, THE ORDER OF TRIAL MAY BE MODIFIED.
Sec. 12. Application for examination of witness for accused before trial
*Grounds:
• Witness is sick, infirm, or unavailable

• Witness resides more than km where hearing is to be conducted
Sec. 13. Examination of defense witness; how made
*Where to be conducted?
• Any judge
• Any member of the bar in good standing
• If order of the superior court, the inferior court.
Sec. 14. Bail to secure appearance of material witness
*The court may order the witness to post a bail for an assurance that he will appear on the trial. If an order was made
but he does not comply, the court may order him to be imprisoned until he complies or after he has given his
testimony.
Sec. 15. Examination of witness for the prosecution
*Grounds
• Sick, infirm, or unavailable;

• About to depart with no definite day of returning.

*Where to conduct? (RISOS CASE)
• Before the court or at least before the judge where the case is pending.
Sec. 16. Trial of several accused
• If there are two or more accused, the case should be tried jointly, UNLESS the court, in its discretion and upon
motion of the prosecutor or any accused, orders separate trial for one or more accused.
Sec. 17. Discharged of accused to be state witness
*When two or more persons are jointly charged with the commission of the offense, upon motion of the prosecution
and before resting its case and upon approval of the court, the court may direct one or more accused to be discharge
with their consent so that they may be witnesses for the state.
*REQUISITES:
• There s absolute necessity for the testimony of the accused whose discharged is requested.
• There is no other direct evidence available for the proper prosecution of the offense committed, except the
testimony of said accused.
• The testimony of said accused can be substantially corroborated in its material points.
• Said accused does not appear to be the most guilty.
• Said accused has not at any time been convicted of any offense involving moral turpitude.
Note: read the case of…
RTU vs. RTC of Tagaytay where the court laid down

the requisites for the accused to be state witness.
*Evidence adduced in support of discharged shall automatically form part of the trial.
*If the court denies motion for discharge of the accused as state witness, his sworn statement shall be INADMISSIBLE
as evidence.
Monje vs. People (March 7, 2008)

The only instance where the testimony of the discharged accused may be disregarded by the court is
when he deliberately fails to testify truthfully in court in accordance to his commitment.
Sec. 18. Discharge of accused operates as acquittal
*The discharge of accused to become a state witness operates as an acquittal and SHALL BE A BAR TO FUTURE
PROSECUTION for the same offense.
Sec. 19. When mistake has been made when charging an offense
*When there is a mistake in charging the offense against the accused, the court shall not discharged the accused if
there appears to be a good cause to detain him.

Sec. 20. Appointment of acting prosecutor
*The Secretary of Justice shall appoint an acting prosecutor if the prosecutor, his assistant or deputy is disqualified to
act as one.
Sec. 21. Exclusion of public
*The judge may exclude the public from the courtroom if the evidence presented is against public morals.
Sec. 22. Consolidated trials of related offenses
*Charges for offenses founded on the same facts or forming part of series of offenses of similar character may be
tried jointly at the discretion of the court.
Sec. 23. Demurrer to evidence
*After the prosecution rests its case, the court may dismiss the action on the ground of INSUFFICIENCY OF EVIDENCE:
 On its own initiative after giving the prosecution the opportunity to be heard;
 UPON DEMURRER TO EVIDENCE filed by the accused with or without leave of court
*The motion for leave of court to file a demurrer of evidence shall…
• Specifically state its grounds;

• Shall be filed with non – extendible period of 5 days after the prosecution rests its case.
*But the prosecution may oppose the motion within 5 days from receipt.
Note: If the court grants the motion of the accused to demurrer of evidence, it
accounts to an acquittal and may no longer be appealed. Any prosecution after an
acquittal would violate the constitutional prescription on double jeopardy.
*If the court DENIES demurrer to evidence:
• WITH LEAVE OF COURT: the accused may adduce evidence on his defense.
• WITHOUT LEAVE OF COURT: the accused waives his right to present evidence, and the court will render
judgment base on the evidence presented by the prosecution.
Salazar vs. People

In criminal cases, demurrer to evidence partakes a nature of a motion to dismiss the case for failure of the
prosecution to prove the guilt beyond reasonable doubt.
Sec. 24. Reopening
*At anytime before finality of the judgment of conviction, the judge may, motu proprio or upon motion, with hearing
in either case, reopen the proceedings to avoid miscarriage of justice.
*However, the proceedings shall be terminated within 30 days from the order granting it.

RULE 120 (Judgment)
Sec. 1. Judgment; definition and form

NOTE: You cannot avail a petition for an annulment
*JUDGMENT
of judgment in a criminal case, only in civil case.
• is the adjudication by the court that the accused is guilty or not guilty of the offense charged and the
imposition on him of the proper penalty and civil liability.
• Finally disposes the case.
*REQUISITES:
NOTE: ONLY JUDGE may
• Written in official language render a judgment.
• Personally and directly prepared by the judge and signed by him
• Shall contain clearly and distinctly a statement of facts and the law upon which it is based.
But what if the judge who render the judgment is NOT the judge who tried a case? Is there a valid judgment?
Resayo vs. People

-Supreme Court said, “the judge who made the decision only took over from a colleague who earlier presided
over the trial. BUT THERE IS A VALID JUDGMENT.
Subsequently, in the case of Galarde vs. People

-the fact that the judge who made the decision was not the judge who heard the testimonies of the witnesses is
not enough reason to overthrow the findings of facts of trial court or even their admissibility.
Sec. 2. Contents of the judgment
*If the judgment is of CONVICTION:
• The legal qualification of the offense constituted by the acts committed by the accused and the aggravating
and mitigating circumstances which attended to its commission.
• The participation of the accused in the offense, whether as principal, accomplice, or accessory.
• The penalty imposed upon the accused.
• The civil liability or damages caused by his wrongful act or omission to be recovered from the accused by the
offended party, if there is any, unless separate civil action has been reserved or waived.
*If judgment is of ACQUITTAL:
• The evidence of the prosecution absolutely failed to prove the accused’s guilt (complete non-liability).
• The prosecution merely failed to prove the accused’s guilt beyond reasonable doubt.
Sec. 3. Judgment for two or more offenses
*Where two or more offenses are charged in the complaint or information, the court may render a valid judgment
and impose upon him the penalty for each offenses FOR AS LONG AS THE ACCUSED REFUSED OR FAILS TO OBJECT
BEFORE THE TRIAL.

Sec. 4. Judgment in case of variance between allegation and proof
*When there is variance between the offense charged in the complaint or information and that proved, the accused
shall be convicted of:
• The offense proved which is included in the offense charged.

• The offense charged which is included in the offense proved.
Sec. 5. When an offense includes or is included in another
*An offense charges necessarily includes the offense proved when the essential elements or ingredients of the
offense charged, as alleged in the complaint or information, constitute the offense proved. (vice versa)
Sec. 6. Promulgation of judgment
*The judgment is promulgated BY READING IT IN THE PRESENCE OF THE ACCUSED.
**But in cases of light offenses, the presence of the accused is NOT necessarily needed. Judgment may be pronounced
in the presence of his counsel or representative.
*Effects if the accused is absent in promulgation:
NOTE: Accused CANNOT appeal if he is absent in promulgation, if the

• There will still be a promulgation.
judgment is for conviction because he FORFEITS ALL HIS REMEDIES.
• Judgment will be recorded.
However, after 15 days within the promulgation of judgment, accused
has to come out and secure a leave of court or otherwise he cannot
avail the available remedies.
NOTE: Promulgation of judgment in the criminal case is different than that of the promulgation in the appellate
court, and civil case.
Appellate court: if a decision is rendered by a division, it will be forwarded to the division clerk of court and he
will issue a notice.
Civil case: judgment is SERVED, not promulgated.
Criminal case: decisions are promulgated.
*The accused has to be present in court for the reading of the judgment and it is the duty of the court to inform the
bondsman if he is out on bail and the accused of the date of promulgation.
*If the accused had escaped or had jumped bail, he is entitled to a notice of promulgation of judgment and it will be
given or sent to his last known address.
Sec. 7. Modification of judgment
*Judgment may be modified before it will be final and executor
*If there is a judgment, then there is an available remedy.
*If the judgment is adverse, file a motion for reconsideration during the reglementary period.

Sec. 8. Entry of Judgment
*Entry of judgment
• Is a recording of a judgment that has attained finality in the books of entry of judgment.
• After the reglementary period to appeal has lapse, entry of judgment will take place.
Sec. 9. Existing provisions governing suspension of sentence, probation and parole not affected by
this Rule
*Nothing in this Rule shall affect any existing provisions in the laws governing suspension of sentence, probation and
parole.

RULE 121 (New trial or Reconsideration)
Sec. 1. New trial or reconsideration
*At any time before a judgment of conviction becomes final (within 15 days from its promulgation), the court may,
ON MOTION OF THE ACCUSED OR AT ITS OWN INSTANCE (BUT WITH CONSENT OF THE ACCUSED), grant a new trial or
reconsideration.
Sec. 2. Grounds for new trial
• The ERRORS OF LAW OR IRREGULARITIES prejudicial to the substantial rights of the accused have been
committed during trial.
• The NEW AND MATERIAL EVIDENCE has been discovered which the accused could not with reasonable
diligence have discovered and produced at the trial and which if introduced admitted would probably change
the judgment.
 REQUISITES:
 Newly discovered evidence is not available during trial despite the exercise of due diligence.
 To consider it would change the outcome of the case.
NOTE: You can file a motion for new trial in the NOTE: You CANNOT file a motion for new trial in
court of appeals on ground of newly discovered the Supreme Court, but if you filed, it will be a
evidence for as long as the CA has jurisdiction subject to the discretion of the court and with
over the case. leave of court.
Sec. 3. Grounds for reconsideration
The court shall grant reconsideration on the ground of ERRORS OF LAW OR FACT in the judgment, WHICH REQUIRES
NO FURTHER PROCEEDINGS.
*Period to file: 15 Days (NO EXTENSION)
Sec. 4. Form of motion and notice to the prosecutor
• Shall be in writing
• Shall state the grounds on which it was based.
*Notice of the motion for new trial or reconsideration shall be given to the prosecutor.
Sec. 5. Hearing on motion
*If there is a need for resolution of any of facts in motion for new trial or reconsideration, the court may hear
evidence thereon by affidavits or otherwise.
Sec. 6. Effects on granting a new trial or reconsideration
*Errors of law or irregularities committed during the trial: all proceedings shall be set aside and taken anew.
*Newly discovered evidence: evidence already adduced shall stand and the newly discovered evidence shall be taken
and considered together with the evidence on record.
*In all cases, when the court grants the motion for new trial or reconsideration, the original judgment shall be set
aside or vacated and new judgment rendered accordingly.
RULE 126 (Search and Seizure)
Sec. 1. Search warrant defined
*A search warrant is:
• Order in writing
• Issued in the name of the Philippines
• Signed by the judge
• Directing a peace office commanding him to search for PERSONAL PROPERTY described therein and bring it
before the court.
NATURE OF SEARCH WARRANT

United Laboratories vs. Isip
-a search warrant is a LEGAL PROCESS. It is NOT A CRIMINAL CASE, which has been likened to a writ of discovery
employed by the State to procure relevant evidence. A search warrant is a police weapon issued in the name of
the State.
Sec. 2. Court where application for search warrant shall be filed
*Where to apply?
• ANY COURT within whose territorial jurisdiction a crime was committed.

• ANY COURT within the judicial region where the crime was committed if the place of the commission of the
crime is known or ANY COURT where within the judicial region where the warrant shall be enforced FOR
COMPELLING REASONS.
*But if the criminal action has already been instituted, file the search warrant in the court where it is pending.
Note: The executive judge and, whenever they are on leave or are not physically present in the station, the vice
executive judge of the Regional Trial Courts of Manila and Quezon City shall have authority to act on applications
filed by the NBI, PNP, Anti – Crime Task Force involving heinous crimes, illegal gambling, illegal possession of fire
arms as well as comprehensive dangerous drugs act of 2002, including intellectual property code and anti – money
laundering, and tariff and customs code. If granted by the executive judge, the search warrant may be served
outside their territorial jurisdiction, or ANYWHERE IN THE PHILIPPINES.
Sony Computer vs. Super Green Inc. (cited the case of Malaloon vs. CA)
-search warrant application is only special criminal process and not a criminal action. The imitation of the general
appearance of the goods of Sony was done in Cavite. It sold goods in Mandaluyong City. Search warrant can be
filed in any court where element of the alleged offense was committed because it is continuing and transitory
offense.
Sec. 3. Personal property to be seized
*What to search and seized?
• Subject of the offense Note: If the quantity of the

• Stolen or embezzled and other proceeds, or fruits of the offense thing to be searched and
• Used or intended to be used as the means of committing an offense. seized, but the thing is
known, the search warrant is
Note: There is a valid search
in plain view.

Sec. 4. Requisites for issuing a search warrant
*REQUISITES
• Search warrant can only be issued in connection with one specific offense. (ONE OFFENSE, ONE SEARCH
WARRANT)
• Issuance of search warrant or the propriety of the issuance of the search warrant is to be determined
personally by the JUDGE.
Sec. 5. Examination of complainant
*The judge must personally examine in the form of searching questions (searching inquiry) and answers, in writing
and under oath, the complainant and the witnesses he may produce on facts personally known to them. (Affidavits
and depositions will not suffice if the judge will not personally examine the affiants and their witnesses.)
Sec. 6. Issuance and form of search warrant
*If the judge is satisfied if the existence of facts upon which the application is based or that there is a probable cause
to believe that they exist, he shall issue the search warrant, which must be substantially in the form prescribed by
these Rules.
People vs. Laguio (2007) (Search attending to an arrest)

-Jurisprudence holds that the arrest must preceed the search. The process cannot be reversed. Nevertheless, the
Supreme Court said that the search substantially contemporaneous with the arrest can preceed the arrest if the
people have probable cause to make the arrest at the outset of the search.
Sec. 7. Right to break door or window to effect search
*The officer, if refused admittance to the place of directed search after giving notice of his purpose and authority,
may break open any outer or inner door or window of a house or any part of the house or anything therein to execute
the warrant or liberate himself or any person lawfully adding him when unlawfully detained therein.
*Duties of a searching officer
• To carry the search warrant to served it upon to the occupant or member of the family of the occupant. If the
occupant or immediate family is not there, the warrant should be presented to 2 persons or witnesses of
sufficient age and discretion residing within the community. (SEC. 8. Search of house, room, or
premises to be made in presence of two witnesses.)
• If searched is effected and things have been seized, the searching officer will have to leave a receipt to the
occupant. If occupant is not there, leave the receipt in the premises, in the presence of two witnesses of
sufficient age and discretion. (Sec. 11. Receipt for property seized.)
• Make an inventory and to deliver it to court upon a valid inventory. If the searching officer fails to do so, he
can be liable for contempt. (Sec. 12. Delivery of property and inventory therof)
Sec. 9. Time of making search warrant
*A warrant must direct that it should be served on DAY TIME.

**But if the thing to be searched is on the person, a direction may be inserted that it may be served at ANY TIME OF
THE DAY OR NIGHT.
Sec. 10. Validity of search warrant
*The validity of search warrant is valid until 10 days from its date. After the time has lapsed, then it shall be void.
Sec. 13. Search incident to lawful arrest
*A person lawfully arrested may be searched for dangerous weapons or anything which may have been used or
constitute proof in the commission of an offense without a search warrant.
People vs. Bohol (July 28, 2008)

-considering the legality of Bohol’s warrantless arrest, the subsequent warrantless arrest that resulted to the
seizure of the shabu found in this person is valid. In illegitimate warrantless arrest, the arresting police officers
are authorized to seized the offender. Examples of valid warrantless searches is a search for dangerous weapons
and things which may be used as proof of the commission of the offense. The Constitution likewise provides for
certain exceptions to the prohibition on searches without a warrant:
• Search as incident to a lawful arrest

• Search of a moving vehicle
• Search in violation of customs, law
• Search on evidence in plain view
• Search where the accused himself waives his right to unreasonable searches
• Stop and frisk situation and when immediate emergency circumstances require.
• Airport searches
Sec. 14. Motion to quash a search warrant or to suppress evidence; where to file
*Where to file?
• If there is a criminal action, then file it in the court where the case is pending.
• If there is NO criminal action yet, it must be filed in the court who issued the search warrant.
*What to file?
• Items has not yet seized: Motion to quash

• Items has been seized: Motion to suppress evidence

REVIEWER IN CRIMINAL PROCEDURE RULES 110 AND 111

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REVIEWER IN CRIMINAL PROCEDURE RULES 110 AND 111

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REVIEWER IN CRIMINAL PROCEDURE

RULE 110 (Prosecution of Offenses)

Sec. 1. Institution of criminal actions

1. If offense is committed in chartered cities:

Sec. 2. Complaint or Information

*REQUISITES of Complaint or Information

Distinctions between COMPLAINT and INFORMATION:

COMPLAINT (Sec. 3) INFORMATION (Sec. 4)

Sec. 5. Who must prosecute criminal action

*DUTIES of a Public Prosecutor: CHUA v. Padillo

*Instances where a PRIVATE PROSECUTOR can prosecute a criminal case:

• In case of heavy work load of a public prosecutor; OR Note: This is a kind of

*REQUISITES for a PRIVATE PROSECUTOR to appear in court:

REVIEWER IN CRIMINAL PROCEDURE Page 1

Sec. 6 Sufficiency of complaint or Information

*What consist of sufficient complaint or information?

1. Name of the Accused (Sec. 7)

If the accused is KNOWN, state his FULLNAME.

2. Designation of the offense (Sec. 8)

AGGRAVATING, EVEN GENERIC, AND QUALIFYING CIRCUMSTANCES MUST BE ALLEGED!

Nombrefia v. People (2007)

4. Place of commission of the offense (Sec. 10)

REVIEWER IN CRIMINAL PROCEDURE Page 2

6. Name of the offended party (Sec. 12)

Sec. 13. Duplicity of offenses

Sec. 14. Amendment or substitution

REFERENCE POINT: Plea!

*Instances where there is only a formal amendment in the information:

REVIEWER IN CRIMINAL PROCEDURE Page 3

Sec. 15. Place where action is to be instituted

REVIEWER IN CRIMINAL PROCEDURE Page 4

Sec.1. Institution of criminal and civil action

Sec. 2. When separate civil action is suspended

Sec. 3. When civil action may proceed independently

Sec. 4. Effect of death on civil actions

Sec. 5. Judgment in civil action not a bar

Nuguid vs. Nicdao (February 2006)

REVIEWER IN CRIMINAL PROCEDURE Page 5

Sec. 7. Elements of prejudicial question

Magistrado vs. People (July 10, 2007)

REVIEWER IN CRIMINAL PROCEDURE Page 6

Sec. 1. Preliminary investigation defined; when required

*NOT REQUIRED: x x x LESS THAN 4 years, 2 months, and 1 day

Sec. 2. Officers authorized to conduct preliminary investigation

1. Provincial or City Prosecutors and their assistants;

Sec. 4. Resolution of investigation prosecutor and its review

REVIEWER IN CRIMINAL PROCEDURE Page 7

Sec. 5. When warrant of arrest may issue

Regional Trial Court Municipal Trial Court

Sec. 8. Cases not requiring a preliminary

*Warrant of arrest shall not issue if:

Sec. 6. When accused lawfully arrested without warrant

* Inquest proceeding is NOT equal to Preliminary investigation.

REVIEWER IN CRIMINAL PROCEDURE Page 8

*Who can conduct an inquest proceeding?

REVIEWER IN CRIMINAL PROCEDURE Page 9

Sec. 1. Definition of arrest

Sec.2. Arrest; how made

• It is made by an actual restraint of a person to be arrested

Sec.3. Duty of arresting officer

*Duties of arresting officer

• Executed the warrant to arrest to the accused; and