1

.SAN BEDA COLLEGE Rule 115- Rights of the Accused;

COLLEGE OF LAW Rule 116- Arraignment and Plea;
Mendiola, Manila Rule 117- Motion to Quash;
Rule 118- Pre-trial;
SYLLABUS IN CRIMINAL PROCEDURE Rule 119- Trial;
Rule 120- Judgment;
Rule 121- New trial or Reconsideration;
COURSE DESCRIPTION: Rule 122- Appeal;
Rule 123- Procedure in Municipal Courts;
The study of criminal procedure would involve a working knowledge Rule 124- Procedure in the Court of Appeals;
in Criminal Law, Civil Law and Constitutional Law. In revisiting criminal Rule 125- Procedure in the Supreme Court;
law, it would be helpful to brush up with its characteristics of GENERALITY, Rule 126- Search and seizure;
TERRITORIALITY and PROSPECTIVITY, the rule on COMPLEX Rule 127- Provisional Remedies in Criminal cases
CRIMES and DOUBLE JEOPARDY as well as PREJUDICIAL QUESTION
and INDEPENDENT CIVIL ACTIONS in civil law.
REVISED RULES ON CRIMINAL PROCEDURE
In Constitutional Law, it is necessary to take a more serious look at the
BILL OF RIGHTS, particularly on THE RIGHTS OF THE ACCUSED on I. PRELIMINARY CONSIDERATIONS
TRIAL, CUSTODIAL INVESTIGATION vis-à-vis Article 125 of the
Revised Penal Code and on UNREASONABLE SEARCHES AND a) Criminal Procedure
SEIZURES. i. Definition
ii. Sources
The subject matters of this Revised Rules on Criminal Procedure are iii. Distinguished from Criminal Law
divided into 18 rules from Rule 110 up to Rule 127 that took effect on iv. Construction of rule
December 1, 2001. – The suggested code for easy recall would be: PPP-
ABRAM-PTJ-NA-PPP-SP, which is spelled out as follows: b) Jurisdiction
i. Definition
ii. Distinguished from venue
Rule 110- Prosecution of Offenses; iii. Criminal Jurisdiction; Requisites;
Rule 111- Prosecution of Civil Actions; How determined;
Rule 112- Preliminary Investigation; iv. Territorial Jurisdiction
Rule 113- Arrest; v. Exception to Territorial Principle
Rule 114- Bail;

vi. Definition and Apportionment of
Jurisdiction
vii. Scope of Jurisdiction of Regular
Courts (MeTC, MTC, RTC, CA, SC), Special
Courts (Sandiganbayan, Court of Tax Appeals)
and other quasi-judicial bodies (Lupong
Tagapamayapa (Katarungang Pambarangay),
Office of the Ombudsman and the like)
II. Rule 110. Prosecution of Offenses
a) Sec. 1. Institution of Criminal Actions
Reodica v. C.A., 292 SCRA 87
Francisco v. C.A., 122 SCRA 538
Domingo v. Sandiganbayan, 322 SCRA 655
Dominador v. Sandiganbayan, 328 SCRA 292
Ong v. People, 342 SCRA 372
Samson v. Guingona, Jr., 348 SCRA 32
b) Sec. 2. The Complaint or Information
City of Manila v. Rizal, 27 Phil 50
Ngo Yao Tit v. Sheriff of Manila, 27 Phil 378
c) Sec. 3. Complaint defined
d) Sec. 4. Information defined
People v. Mendez, 335 SCRA 147
Tam Wing Tak v. Makasiar, 350 SCRA 475
Sanchez v. Demetriou, 277 SCRA 627
People v. Oso, 62 Phil. 271
e) Sec. 5. Who must prosecute criminal actions
2
Visbal v. Judge Ramos, A.M. No. MTJ-00-1306,
Mar. 20, 2001
People v. Beriales, 70 SCRA 361
Bravo v. Court of Appeals, 208 SCRA 531
Chua Burce v. Court of Appeals, 331 SCRA 1
People v. Tanada, 166 SCRA 360
People v. Bugtong, 169 SCRA 767
Pilapil v. Ibay Somera, 174 SCRA 653
People v. Schneckenburger, 73 Phil 413
Fernandez v. Lantin, 74 SCRA 338
Perez v. Hagonoy Rural Bank, 327 SCRA 585
N.B. Read Article 344 of the RPC in relation to sec 5, Rule 110 of
the Revised Rules. You must note that rape is now a crime against persons
and was deleted as one of the private crimes that can only be commenced by
the offended party pursuant to RA 8353, The anti-rape law of 1997) The
complaint required in said Art. 344 is merely a condition precedent to the
exercise of the proper authorities of the power to prosecute the guilty parties
f) Sec. 6. Sufficiency of complaint or information
People v. Bayya, 327 SCRA 771
Serra v. Mortiga, 11 Phil 762
g) Sec. 7. Name of the accused
People v. Narvaes, 59 Phil 738
People v. Ramos, 85 Phil 68
People v. Perresa, 362 SCRA 202
h) Sec. 8. Designation of the offense
People v. Labado, 98 SCRA 730
People v. Torres, 165 SCRA 702
People v. Cosare, 95 Phil 657
People v. Nuñez, 310 SCRA 168
People v. Nava, 333 SCRA 749
 3

Vivencio Roallos y Trillanes v. People of the III. Rule 111- PROSECUTION OF CIVIL ACTIONS
Philippines, G.R. No. 198389, December 11, 2013
a) Sec. 1. Institution of criminal and civil action
i) Sec. 9. Cause of Accusation
Mendoza v. Arrieta, 91 SCRA 113
US v. Tan Choco, 12 Phil 262 Yakult Phils. v. CA, 190 SCRA 357
Maniago v. CA. 253 SCRA 674
j) Sec. 10. Place of commission of the offense Nissan Gallery-Ortigas v. Felipe, G.R. No. 199067,
Nov. 11, 2013
k) Sec. 11. Date of commission of the offense Lee pue Liong v. Chua Pue Chin Lee, G.R. No. 181658,
Aug. 7, 2013
People v. Gianan-, 340 SCRA 477 LBP v. Jacinto, G.R. No. 154622, Aug. 3, 2010
People v. Magbanua, 319 SCRA 719
People v. Ladrillo, 320 SCRA 61 b) Sec. 2. When separate civil action is suspended

l) Sec. 12. Name of the offended party Elizalde S. Co v. Ludolfo P. Muñoz, Jr.,  G.R. No. 181986,
December 4, 2013
m) Sec. 13. Duplicity of the offense
c) Sec. 3. When civil action may proceed independently
n) Sec. 14. Amendment or Substitution
Padua v. Robles, 66 SCRA 485
Crespo v. Mogul, 151 SCRA 462,
Dimatulac v. Villon, 297 SCRA 679 d) Sec. 4. Effect of death on civil actions
Dungog v. Court of Appeals, 159 SCRA 145
Gabionza v. CA, G.R. No. 140311, Mar. 30, 2001 Limjoco v. Intestate Estate of Fragante, 80 Phil. 777
U.S. v. Dela Torre, 25 Phil. 36
o) Sec. 15. Place where the action is to be instituted
e) Sec. 5. Judgment in civil action not a bar
Parulan v. Director of Prisons, 22 SCRA 638
People v. Grospe, 157 SCRA 155 Salta v. De Veyra, 117 SCRA 212

p) Sec. 16. Intervention of the offended party in criminal action f) Sec. 6. Suspension by reason of prejudicial question

Diel v. Martinez, 76 Phil. 273 g) Sec. 7. Elements of Prejudicial Question

Donato v. Luna, 160 SCRA 441

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Marbella-Bobis v. Bobis, 336 SCRA 750 NB: Section 5 of the Rules of Court was deleted by A.M. 05-8-26-SC
Umali v. IAC, 186 SCRA 680 which took effect last January 1, 2006.
Dreamworks Construction Inc. v. Janiola, G.R. No. 184861, June 30,
2009

IV. Rule 112- PRELIMINARY INVESTIGATION; The following is the new Section 5.

NB. This Rule has been partially amended by AM. 05-8-26-SC. e) Sec. 5. When warrant of arrest may issue

In essence the amendment consists of removing the conduct of preliminary People v. Inting, 187 SCRA 788
Lim v. Felix, 194 SCRA 292
investigation from judges of the first level courts. People v. Desmond G.R. No. 179079, June 26, 2013
People v. Grey G.R. No. 180109, July 26, 2010
a) Sec. 1. Preliminary Investigation defined
f) Sec. 6. When accused lawfully arrested without
People v. Monteverde, 142 SCRA 668 warrant (formerly Sec. 7)
People v. Lambino, 103 SCRA 504
Doromal v. Sandiganbayan, 177 SCRA 354 Ambre v. People, G.R. No. 191532, August 15, 2012
People v. CA, 301 SCRA 475
Webb v. De Leon, 247 SCRA 652
Santos v. Orda, G.R. No. 189402, May 6, 2010
See: R.A. 9372 Human Security Act of 2007

b) Sec. 2. Officers authorized to conduct preliminary g) Sec. 7. Records (formerly Sec. 8)

investigations
h) Sec. 8. Cases not requiring a preliminary investigation nor
George Miller v. Sec. Hernando B. Perez, Et.Al., covered by the Rules on Summary Procedure.
G.R. No. 165412, May 30, 2011. (formerly Sec. 9)
Romualdez v.Sandiganbayan, G.R. No. 161602, July 13, 2010
Tamargo v. Awingan, G.R. No. 177727, Jan. 19, 2010
Junio v. Judge Cacatian-Beltran, A.M. RTJ-14-2367, Jan. 13, 2014
V. Rule 113- Arrest;

c) Sec. 3. Procedure a) Sec. 1. Definition of Arrest

d) Sec. 4. Resolution of Investigating prosecutor and its People v. Domantay, 307 SCRA 1
review
b) Sec. 2. Arrest, how made
 5

People v. Oanis, 74 Phil. 257

People v. Tudtud, G.R. No. 144036, Sept. 26, ‘03 h) Sec. 8. Method of arrest by officer without warrant
c) Sec. 3. Duty of Arresting Officer i) Sec. 9. Method of arrest by private person
People v. Rodriquez, 341 SCRA 645
Sayo v. Chief of Police, 80 Phil. 859
j) Sec. 10. Officer may summon assistance
George Antiquera y Codes v. People of the Philippines, 
G.R. No. 180661, December 11, 2013. k) Sec. 11. Right of Officer to break into building or enclosure

d) Sec. 4. Execution of Warrant l) Sec. 12. Right to break out from building or enclosure

Mamangon v. CFI, 189 SCRA 217 m) Sec. 13. Arrest after escape or rescue
e) Sec. 5. Arrest without warrant n) Sec. 14. Right of attorney or relative to visit person arrested
People v. Bati, 189 SCRA 103
VI. Rule 114- Bail;
People v. Claudio, 160 SCRA 648
People v. Sucro, 195 SCRA 388
People v. Aminnudin, 163 SCRA 402 a) Sec. 1. Bail defined.
Posadas v. Ombudsman, 341 SCRA 388
People v. Collado,G.R. No. 185719, June 17, 2013 Almeda v. Villaluz, 86 SCRA 38
People v. Ng Yik Bun, G.R. No. 180452, Jan. 10, 2011 Maguddatu v. CA, 326 SCRA 362
People v. Manlangit, G.R. No. 189806, Jan. 12, 2011 Bangayan v. Butacan, 345 SCRA 301
Rontos v. People, G.R. No. 188024, June 5, 2013 Garcia-Padilla v. Enrile, 121 SCRA 472
Aswat v. Galido, 204 SCRA 205

See: Bill of Rights (Re: Human Rights) vis-à-vis Extrajudicial b) Sec. 2. Conditions of the bail; Requirements.
Killing and Due Process
Manotoc Jr., v. CA, 142 SCRA 149
f) Sec. 6. Time of making arrest Burgos v. Court of Appeals, G.R. No. 16971, Feb. 8, 2010

g) Sec. 7. Method of arrest by officer by virtue of a c) Sec. 3. No release or transfer except on court order or bail
warrant
Ambil v. Sandiganbayan, et.al., G.R. No. 175457,
People v. Palatin, 311 SCRA 186 July 6, 2011
Cadua v. CA, 312 SCRA 703
 6

d) Sec. 4. Bail, a matter of right; exception; discernment. Otherwise, they have no criminal liability.

People v. Gako, Jr., 348 SCRA 334 g) Sec. 7. Capital offense or an offense punishable by reclusion
Comia v. Astona, 337 SCRA 656 perpetua or life imprisonment, not bailable.
Paderang v. CA, 247 SCRA 741
Teehankee v. Director of Prisons, 76 Phil 756
h) Sec. 8. Burden of proof in bail application
e) Sec. 5. Bail, when discretionary
Narciso v. Sta. Romana-Cruz, 328 SCRA 505
Bravo, Jr., v. Borja, 134 SCRA 466
i) Sec. 9. Amount of bail; guidelines
f) Sec. 6. Capital offense defined
De la Camara v. Enage, 41 SCRA 1
NOTE: RA No. 9346 (AN ACT PROHIBITING THE IMPOSITION OF
j) Sec. 10. Corporate Surety
DEATH PENALTY IN THE PHILIPPINES, JUNE 24, 2006) abolished the
death penalty. Hence, there is no more capital offense.
k) Sec. 11. Property bond, how posted
EXCEPTION:
l) Sec. 12. Qualification of sureties in property bond
If the accused charged with a capital offense is a minor.
Villaseñor v. Abano, 21 SCRA 312
REASON
One who faces a probable death sentence has a particularly strong temptation m) Sec. 13. Justification of sureties
to flee. This reason does not hold where the accused has been established
without objection to be a minor who by law cannot be sentenced to death. n) Sec. 14. Deposit of cash as bail

 For purposes of recommending the amount of bail, the privileged o) Sec. 15. Recognizance
mitigating circumstance of minority shall be considered. (Sec. 34 , RA
No. 9344 or the JUVENILE JUSTICE AND WELFARE ACT OF p) Sec. 16. Bail, when not required; reduced bail or
2006). recognizance

NOTE: RA No. 9344 suspends the sentence of persons convicted of an q) Sec. 17. Bail, where filed.
offense while they were below 18 years of age. For those committed by
minors below 15 years old, there is NO criminal liability, only civil liability. Borinaga v.Tamin, 226 SCRA 206
Minors aged 15-17 years 11 months 29 days must have acted with Cruz v. Judge Yaneza, 304 SCRA 294
 7

r) Sec. 18. Notice of application to prosecutor a) Sec. 1. Rights of the accused at the trial

People v. Raba, 130 Phil. 384 People v. Gines, 197 SCRA 481
Paraga v. Veneracio, 269 SCRA 371 People v. Quibate, 131 SCRA 80
Marcelo v. Sandiganbayan, 302 SCRA 102
s) Sec. 19. Release on bail People v. Cayago, 312 SCRA 623
People v. Bacor, 306 SCRA 522
Enrile v. Sandiganbayan, G.R. No. 213847, August 18, 2015 People v. Mendoza, G.R. No. 143702, Sept. 13, 2001
People v. De Vera, 312 SCRA 640
People v. Mayorga, 346 SCRA 458
t) Sec. 20. Increase or reduction of bail People v. Rondero, 320 SCRA 383
People v. Declaro, 170 SCRA 143
Sy Guan v. Amparo, 79 Phil. 690 People v. Bernas, 130 SCRA 178
Churchill V. Mari et.al. v. Hon. Rolando L. Gonzales, G.R.
u) Sec. 21. Forfeiture of Bail No. 187728, September 12, 2011.

v) Sec. 22. Cancellation of Bail

See: THE SPEEDY TRIAL ACT OF 1998 (R.A. 8493)
People v. Lorredo, 50 Phil. 209

w) Sec. 23. Arrest of the accused out on bail

VIII. Rule 116- ARRAIGNMENT AND PLEA;
Silverio v. CA, 195 SCRA 760
a) Sec. 1. Arraignment and Plea; how made
x) Sec. 24. No bail after final judgment; exception
Borja v. Mendoza, 77 SCRA 422
y) Sec. 25. Court supervision of detainees People v. Abapo, 329 SCRA 513
People v. Cariaga, 64 Phil. 390
z) Sec. 26. Bail not a bar on objections on illegal arrest, lack of or Kummer v. People, G.R. No. 174461, September 11, 2013
irregular preliminary investigation
b) Sec. 2. Plea of guilty to a lesser offense
Borlongan, Jr. et.al. v. Peña, G.R. No. 143591, May 5, 2010
c) Sec. 3. Plea of guilty to capital offense; reception of evidence

People v. De Luna, 174 SCRA 204

VII. Rule 115- RIGHTS OF THE ACCUSED; People v. Dayot, 187 SCRA 637
People v. Nadera, 324 SCRA 490

People v. Molina, G.R. No. 14129-33, Dec. 14, 2001
d) Sec. 4. Plea of guilty to non-capital offense; reception of
evidence, discretionary
People v. Acosta, 98 Phil. 642
People v. De Mesa, 74 Phil. 740
People v. Arconado, 4 SCRA 559
People v. Digoro, 16 SCRA 376
e) Sec. 5.Withdrawal of improvident plea of guilty
People v. De Luna, 174 SCRA 204
People v. Serrano, 85 Phil. 835
f) Sec. 6. Duty of court to inform accused of his right to counsel
People v. Serzo, Jr., 274 SCRA 553
People v. Lamsing, 248 SCRA 472
g) Sec. 7. Appointment of counsel de officio
Sayson v. People, 166 SCRA 680
People v. Rio, 201 SCRA 702
h) Sec. 8. Time for counsel de officio to prepare for arraignment
People v. Bascuguin, G.R. No. 144404, Sept. 24, 2001
i) Sec. 9. Bill of particulars
People v. Abad Santos, 76 Phil. 744
Rocaberte v. People, 193 SCRA 152
j) Sec. 10. Production or inspection of material evidence in
possession of prosecution
8
k) Sec. 11. Suspension of arraignment
Samson v. Daway, G.R. Nos. 160054-55, July 21, 2004
Trinidad v. Victor Ang, G.R. No. 192898, Jan. 31, 2011
IX. Rule 117- MOTION TO QUASH;
a) Sec. 1. Time to move to quash
People v. Givera, 349 SCRA 513
Suy Sui v. People, 92 Phil. 684
Los Baños v. Pedro, G.R. No. 173588, Apr. 22, 2009
b) Sec. 2. Forms and contents
People v. Asuncion, 161 SCRA 490
c) Sec. 3. Grounds
Lacson v. Executive Secretary, 301 SCRA 330
Llorente v. Sandiganbayan, 322 SCRA 329
People v. Lagon, 185 SCRA 442
Cruz v. Sandiganbayan, 194 SCRA 474
Monsanto v. Factoran, Jr., 170 SCRA 190
Balite v. People, 124 Phil. 868
Francisco v. CA, 122 SCRA 538
People v. Villalon, 192 SCRA 521
People v. Mogol, 131 SCRA 296
People v. Hon. Tac-an, 300 SCRA 265
Ivler v. Hon. Modesto-San Pedro, G.R. No. 172716, Nov. 17,
2010
d) Sec. 4. Amendment of complaint or information
e) Sec. 5. Effects of sustaining the motion to quash

Lavides v. CA, 325 SCRA 321
Marcos v. Sandiganbayan, 326 SCRA 473
f) Sec. 6. Order sustaining the motion to quash not a bar to
another prosecution; explain
Milo v. Salonga, 152 SCRA 113
Caniza v. People, 159 SCRA 16
People v. Silay, 74 SCRA 274
g) Sec. 7. Former conviction or acquittal; double jeopardy
People v. Ilagan, 58 Phil. 558
Abay v. Garcia, 162 SCRA 665
People v. Bao, 100 Phil. 243
People v. City of Manila, 121 SCRA 637
People v. Relova, 148 SCRA 294
Central Bank v. CA, 171 SCRA 49
h) Sec. 8. Provisional dismissal
Los Baños v. Pedro, G.R. No. 173588, Apr. 22, 2009
i) Sec. 9. Failure to move to quash or to allege any ground
therefor
X. Rule 118- PRE-TRIAL;
a) Sec. 1. Pre-trial; mandatory in criminal cases
U.S. v. Donato, 9 Phil. 701
Alviola v. Avelino, A.M. No. MTJ-P-08-1697, Feb. 29, 2008
NPC v. Adiong, A.M. No. RTJ-07-2060, July 27, 2011
9
See: A.M. No. 03-1-09-SC – Guidelines to be Observed in Pre-Trial.
b) Sec. 2. Pre-trial agreement
Fule v. CA, 162 SCRA 447
People v. Hernandez, 260 SCRA 27
c) Sec. 3. Non-appearance at pre-trial conference
d) Sec. 4. Pre-trial order
XI. Rule 119- TRIAL;
a) Sec. 1. Time to prepare for trial
b) Sec. 2. Continuous trial until terminated; postponements
See : Amended by A.M. No. 15-06-10 SC - Revised Guidelines for
Continuous Trial of Criminal Cases
c) Sec. 3. Exclusions
People v. De Grano, G.R. No. 167710, June 5, 2009
d) Sec. 4. Factors for granting continuance
e) Sec. 5. Time limit following an order for new trial
f) Sec. 6. Extended time limit
g) Sec. 7. Public attorney’s duties where accused is
imprisoned
People v. Buluran, 325 SCRA 476
 10

r) Sec. 18. Discharge of accused operates as acquittal

h) Sec. 8. Sanctions
People v. De Guzman, 326 SCRA 131
i) Sec. 9. Remedy where accused is not brought to trial within the People v. Deong, 338 SCRA 657
time limit
s) Sec. 19. When mistake has been made in charging the proper
Abardo v. Sandiganbayan, G.R. No. 13951-72, offense
Mar. 3,2001
t) Sec. 20. Appointment of acting prosecutor
j) Sec. 10. Law on speedy trial not a bar to provision on speedy
trial in the Constitution Salcedo v. Liwag, 9 SCRA 609

k) Sec. 11. Order of trial u) Sec. 21. Exclusion of public prosecutor

People v. Balisacan, 17 SCRA 119
People v. Gutierrez, 302 SCRA 643
l) Sec. 12. Application for examination of witness for accused
before trial
m) Sec. 13. Examination of defense witness; how made
n) Sec. 14. Bail to secure appearance of material witness
v) Sec. 22. Consolidation of trials of related offenses
w) Sec. 23. Demurrer to Evidence
Alarilla v. Sandiganbayan, 338 SCRA 485
People v. Atienza, G.R. No. 176671, June 18, 2012
Bangayan v. Bangayan, G.R. No. 172777, Oct. 19, 2011
Goodland v. Abraham, G.R. No. 196685, Dec. 14, 2011
Arroyo v. People of the Philippines, G.R. No. 220598, July 19,
2016

o) Sec. 15. Examination of witness for the prosecution x) Sec. 24. Reopening
p) Sec. 16. Trial of severalv. accused Cabarles v. Maceda, G.R. No. 161330, Feb. 20, 2007
Republic v. Sandiganbayan, G.R. No. 159275, Aug. 25, 2010
People v. De Vera, Sr., 308 SCRA 77
XII. Rule 120- JUDGMENT;
q) Sec. 17. Discharge of accused to be state witness
a) Sec. 1. Judgment; definition and form
People v. Bacsa, 104 Phil. 136
People v. Aniñon, 158 SCRA 710 Talabon v. Warden, 78 Phil. 599
People v. Anabe, G.R. No. 179033, Sept. 6, 2010 People v. Amondina, 220 SCRA 6

Santos v. Orda, G.R. No. 189402, May 6, 2010
b) Sec. 2. Contents of the judgments
People v. Abellera, 69 Phil. 623
People v. Silo, 99 Phil. 216
U.S. v. Avillar, 28 Phil. 131
U.S. v. Iguidez, 36 Phil. 680
Abejuela v. People, 200 SCRA 806
Maximo v. Gerochi, Jr., 144 SCRA 326
XIII.
c) Sec. 3. Judgment for two or more offenses
People v. Corral, 157 SCRA 673
d) Sec. 4. Judgments in case of variance between allegation
and proof
People v. Gallarde, 325 SCRA 172
People v. Arondain, G.R. 131864-65, Sept. 27, 2001
e) Sec. 5. When an offense includes or is included in
another
U.S. v. Guzman, 8 Phil. 21
f) Sec. 6. Promulgation of judgment
People v. Mapalao, 197 SCRA 79
Icdang v. People, G.R. No. 185960, Jan. 25, 2012
Villena v. People, G.R. No. 184091, Jan. 31, 2011
Cuyo v. People, G.R. No. 192164, Oct. 12, 2011
g) Sec. 7. Modification of judgment
Roallos v. People, G.R. No. 198389, Dec. 11, 2013
11
h) Sec. 8. Entry of judgment
i) Sec. 9. Existing provisions governing suspension of
sentence, probation and parole, not affected by this Rule
Rule 121- NEW TRIAL OR RECONSIDERATION;
a) Sec. 1. New trial or reconsideration
Evaristo v. Lastrilla, 110 Phil. 181
b) Sec. 2. Grounds for new trial
People v. Castelo, 1 SCRA 461
Ybiernas v. Gabaldon, G.R. No. 178925, June 1, 2011
Payumo v. Sandiganbayan, G.R. No. 151911, July 25, 2011
People v. Antonio, G.R. No. 188106, Nov. 25, 2009
c) Sec. 3. Grounds for reconsideration
Mapagay v. People, G.R. No. 178984, Aug. 19, 2009
De Guzman v. Sandiganbayan, 326 Phil. 182 (1996)
Astorga v. People, G.R. No. 154130, Aug. 20, 2004
Valeroso v. Court of Appeals, G.R. No. 164815, Sept. 3, 2009
d) Sec. 4. Form of motion and notice to the prosecutor
Paredes v. Borja, 3 SCRA 495
e) Sec. 5. Hearing of motion
 12

f) Sec. 6. Effects of granting a new trial or reconsideration r) Sec. 7. Transcribing and filing of notes of stenographic reporter
upon appeal
People v. Ebias, 324 SCRA 675
People v. De Grano, G.R. No. 167710, June 5, 2009 s) Sec. 8. Transmission of papers to appellate court

t) Sec. 9. Appeal to the Regional Trial Court

XIV. Rule 122- APPEAL;
u) Sec. 10. Transmission of records in case of death
a) Sec. 1. Who may appeal
penalty
People v. Paet, 100 Phil. 357
Central bank v. CA, 171 SCRA 49 v) Sec. 11. Effect of appeal by any of severed accused
People v. Desalisa, 125 Phil. 27
Bernardo v. CA, 190 SCRA 63 People v. Fernandez, 186 SCRA 830
People v. Sison, 312 SCRA 792 People v. Rodriguez, 341 SCRA 645
b) Sec. 2. Where to appeal
w) Sec. 12. Withdrawal of appeal
c) Sec. 3. How appeal taken
People v. Maguddayao, 132 SCRA 34
People v. Francisco, 254 SCRA 475
People v. Villanueva, 93 Phil. 927
People v. Cleopas, 327 SCRA 552 People v. Dueno, 90 SCRA 23
People v. Madrigal-Gonzales, 117 SCRA 956
o) Sec. 4. Service of notice of appeal
x) Sec. 13. Appointment of counsel de officio for accused
p) Sec. 5. Waiver of notice on appeal

U.S. v. Sotevento, 40 Phil. 176 XV. Rule 123- Procedure in Municipal Courts;
Director of Prisons v. Teodoro, 97 Phil 372
a) Sec. 1. Uniform procedure
q) Sec. 6. When appeal to be taken
XVI. Rule 124- Procedure in the Court of Appeals;
N.B. Application of Neypes Doctrine in Criminal Cases
Yu v. Hon. Rosa Samson-Tatad, G.R. No. 170979, Feb. 9, 2011 a) Sec. 1. Title of the case
 13

b) Sec. 2. Appointment of counsel de officio for the m) Sec. 13. Quorum of the court; certification or appeal of cases
accused to Supreme Court

People v. Rio, 201 SCRA 702 n) Sec. 14. Motion for new trial
c) Sec. 3. When brief for appellant to be filed o) Sec. 15. Where new trial conducted
d) Sec. 4. When brief for appellee to be filed; reply brief of the People v. Mamatik, 105 Phil. 479
appellant
p) Sec. 16. Reconsideration
e) Sec. 5. Extension of time for filing briefs
q) Sec. 17. Judgment transmitted and filed in trial court
f) Sec. 6. Form of brief
r) Sec. 18. Application of certain rules in civil procedure to
g) Sec. 7. Contents of brief criminal procedure

h) Sec. 8. Dismissal of appeal for abandonment or failure to

prosecute
People v. Mapalao, 197 SCRA 79
People v. Bugnay, 128 SCRA 31
i) Sec. 9. Prompt disposition of appeals
Sycip v. CA, 134 SCRA 317
XVII. Rule 125- Procedure in the Supreme Court;
a) Sec. 1. Uniform procedure
b) Sec. 2. Review of decisions of Court of Appeals
FNCB Finance v. Estavillo, 192 SCRA 515
Joaquin v. Navarro, 93 Phil. 257
Cruz v. Sosing, 94 Phil. 26

j) Sec. 10. Judgment not to be reversed or modified except c) Sec. 3. Decision if opinion is equally divided
for substantial error
Sumbingco v. CA, 155 SCRA 24
People v. Cabiling, 74 SCRA 285

k) Sec. 11. Scope of Judgment XVIII. Rule 126- SEARCH AND SEIZURE;

l) Sec. 12. Power to receive evidence a) Sec. 1. Search warrant defined


Nolasco v. Paño, 139 SCRA 154
Burgos v. Chief of Staff, 133 SCRA 800
Corro v. Lising, 137 SCRA 541
Columbia Pictures v. Flores, 223 SCRA 761
Kho v. Makalintal, 306 SCRA 70
b) Sec. 2. Court where application for search warrant shall be
filed
c) Sec. 3. Personal property to be seized
Yee Sue Koy v. Almeda, 70 Phil. 141
d) Sec. 4. Requisites for issuing search warrant
Uy v. BIR, 344 SCRA 36
People v. CA, 216 SCRA 101
Tambasen v. People, 246 SCRA 184
People v. Tuan, G.R. No. 176066, Aug. 11, 2010
e) Sec. 5. Examination of complainant; record
Asian Surety Ins. Co. v. Herrera, 54 SCRA 312
People v. Peña, 97 Phil. 669
f) Sec. 6. Issuance and form of search warrant
WHO v. Aquino, 48 SCRA 242
World Wide Web Corporation v. People, G.R. No. 161106,
Jan. 13, 2014
People v. Nuñez, G.R. No. 177148 June 30, 2009
g) Sec. 7. Right to break door or window to effect search
h) Sec. 8. Search of house, room, or premises, to be made in
presence of two witnesses
14
Harvey v. Defensor-Santiago, 162 SCRA 840
Salazar v. Achacoso, 183 SCRA 155
i) Sec. 9. Time of making search
j) Sec. 10. Validity of search warrant
k) Sec. 11. Receipt for the property seized
Quintero v. NBI, 162 SCRA 467
l) Sec. 12. Delivery of property and inventory thereof to court;
return and proceedings thereon
Vlason Ent. Corp. v. CA, 155 SCRA 186
PDEA v. Richard Brodett, et.al., G.R. No. 196390,
Sept. 28, 2011.
m) Sec. 13. Search incident to lawful arrest
Padilla v. CA, 269 SCRA 402
People v. Guzman, 351 SCRA 573
People v. Musa, 217 SCRA 609
People v. Rodriquez, 205 SCRA 791
People v. Usana, 323 SCRA 754
People v. Che Chung Ting, 328 SCRA 592
Valeroso v. Court of Appeals, G.R. No. 164815, Sept. 3,
2009
People v. Collado, G.R. No. 185719, June 17, 2013
Sy v. People, G.R. No. 182178 : August 15, 2011
Miclat v. People, G.R. No. 176077, Aug. 31, 2011
Valdez v. People, G.R. No.170180, November 23, 2007
Abelta III, v. Doria, 170672, Aug. 14, 2009
n) Sec. 14. Motion to quash a search warrant or to suppress
evidence; where to file
 15

Tan v. Sy Tiong Gue, 174570, Dec. 15, 2010

XIX. Rule 127- PROVISIONAL REMEDIES IN CRIMINAL

CASES.

a) Sec. 1. Availability of provisional remedies

Babalo v. Abaño, 90 Phil. 827

Santos v. Hon. Flores, 5 SCRA 1136

b) Sec. 2. Attachment

Mindanao Savings, etc. v. CA, 172 SCRA 480

- GOOD LUCK -