1.
When to file bail ; bail no bar rule
Bail is the security given for the release of a person in custody of
the law, furnished by him or a bondsman, to guarantee his
appearance before any court as required under the conditions
hereinafter specified.
A person is allowed to petition for bail as soon as he is deprived
of his liberty by virtue of his arrest or voluntary surrender. An
accused need not wait for his arraignment before filing a petition
for bail.
1. Bail as a matter of right
a. Before or after conviction by the metropolitan and municipal
trial courts;
b. Before conviction by the RTC of an offense not punishable by
death, reclusion perpetua or life imprisonment; and (Sec. 4, Rule
114)
c. Before final conviction by all children in conflict with the law
for an offense not punishable by reclusion perpetua or life
imprisonment.
2. Bail as a matter of discretion
a. Upon conviction by the RTC of an offense not punishable by
death, reclusion perpetua or life imprisonment;
b. Regardless of the stage of the criminal prosecution, a person
charged with a capital offense, or an offense punishable by
reclusion perpetua or life imprisonment, when evidence of guilt
is not strong; and
c. A child in conflict with the law charged with an offense
punishable by death, reclusion perpetua or life imprisonment
when evidence of guilt is strong
Grounds for denial of bail
If the penalty imposed by the trial court is imprisonment
exceeding six (6) years, the accused shall be denied bail, or his
bail shall be cancelled upon a showing by the prosecution, with
notice to the accused, of the following or other similar
circumstances:
a. That he is a recidivist, quasi-recidivist, or habitual delinquent,
or has committed the crime aggravated by the circumstance of
reiteration;
b. That he has previously escaped from legal confinement,
evaded sentence, or violated the conditions of his bail without
valid justification;
c. That he committed the offense while under probation, parole,
or conditional pardon;
d. That the circumstances of his case indicate the probability of
flight if released on bail; or
e. That there is undue risk that he may commit another crime
during the pendency of the appeal.
BAIL NO BAR RULE
Bail is no longer a waiver of these objections [Leviste v.Alameda,
G.R. No. 182677 (2011)]
Thus, provided that the accused raises them before entering his
plea, an application or an admission to bail shall not bar the
accused from challenging or questioning the:
a. Validity of his arrest
b. Legality of the arrest warrant
c. Regularity of PI, or
d. Absence of PI
The court shall resolve the objections as early as practicable but
not later than the start of the trial of the case. [Sec. 26, Rule 114]
RECOGNIZANCE
- Mode of securing the release of any person in custody or
detention for the commission of an offense who is unable to
post bail due to abject poverty. The court where the case of
such person has been filed shall allow the release of the
accused on recognizance as provided herein, to the custody
of a qualified member of the barangay, city or municipality
where the accused resides.
     Permission  of  the  court  has  to  be  obtained  before  it  is 
filed, otherwise the accused loses certain rights 
 
THE  ACCUSED  FILED  A  DEMURRER  OF  EVIDENCE 
WITHOUT  LEAVE OF  COURT.  THE  DEMURRER  OF 
EVIDENCE  IS  DENIED.    IS  THERE ABSOLUTE  WAIVER  OF 
PRESENTATION  OF  EVIDENCE  BY  THE COURT? 

     No 
WHEN NOT REQUIRED      The  general  rule  is  that  filing  of  a  demurrer  of  evidence 
without leave  of  court,  which  is  subsequently  denied,  is  a 
- Person has been in custody for a period equal to or more waiver  of presentation of evidence  
than possible maximum imprisonment of the offense
- Maximum penalty is destierro      Nonetheless,  if  the  demurrer  of  evidence  is  filed  before 
- Violation of ordinance, light felony, penalty not higher 6mos the prosecution  rests  its  case,  there  would  be  no  waiver  to 
and or fine of 2k present evidence.    As  the  prosecution  hasn’t  finished 
presenting  its 
WHEN NOT AVAILABLE evidence, there is still insufficiency of evidence.   
- Conviction becomes final WHAT IS THE EFFECT IF  THE  DEMURRER IS GRANTED  AND 
- Commenced serve sentence THE ACCUSED IS ACQUITTED? 
- Military personnel under court martial
     The accused has the right to adduce evidence on the civil
2. DEMURRER aspect of the case unless the court declares that the act or
omission from which the civil liability may arise did not exist. 
WHAT IS THE  EFFECT OF  FILING  THE  DEMURRER TO
EVIDENCE WITHOUT LEAVE OF COURT?       If  the  trial  court  issues  an  order  or  renders  judgment 
not  only granting the demurrer  to evidence of the accused and
     If  the  court  denies  the  demurrer  to  evidence  which  was  acquitting him  but  also  on  the  civil  liability  of  the  accused 
filed without leave of court, the accused is deemed to have to  the  private offended party, said judgment on its civil case
waived his right  to  present  evidence  and  submits  the  case  would be a nullity for violation of the rights of the accused to due
for  judgment  on basis of the evidence of the prosecution  process. 
     This is because demurrer to evidence is not a matter of right  
but is discretionary on the court 
Motion for leave to file demurrer
a. It must specifically state its grounds.
b. It must be filed within a non-extendible period of 5 days after
the prosecution rests its case (i.e.
after the court shall have ruled on the prosecution’s formal
offer). Prosecution may then oppose within a non-extendible
period of 5 days from receipt.
c. If leave of court is granted, the demurrer must be filed within a
non-extendible period of 10 days from notice. Prosecution may
oppose the demurrer within a similar period [Sec. 23, Rule 119]
3. What and When Prelim investigation
PRELIMINARY INVESTIGATION
It is an inquiry or proceeding to determine whether there is
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.
WHEN IS IT REQUIRED? 
> Before    a    complaint    or    information    is    filed,   
preliminary investigation   is   required   for   all   offenses  
punishable   by imprisonment of at least 4 years, 2 months and 1
day, regardless of the fine, except if the accused was arrested by
virtue of a lawful arrest without warrant 
> In  case  of  lawful  arrest  without  warrant:  the  complaint  or
information may be filed without a preliminary investigation
unless the  accused  asks  for  a  preliminary  investigation  and 
waives  his rights under Article 125 of the RPC 
> Whether or not there is a need for PI depends upon the
imposable penalty for the crime charged in the complaint filed
with the city or  provincial  prosecutor’s  office  and  not  upon 
the  imposable penalty  for  the  crime  fund  to  have  been 
committed  by  the respondent after a preliminary investigation
Probable cause
Probable cause means the existence of such facts and
circumstances that would lead a reasonably discreet and prudent
person to believe that an offense has been committed by the
person sought to be arrested
4. What is inquest
Inquest is defined as an informal and summary investigation
conducted by a public prosecutor in criminal cases involving
persons arrested and detained without the benefit of a warrant
of arrest issued by the court for the purpose of determining
whether said persons should remain under custody and
correspondingly be charged in court
5. What is Arraignment
corroborative, or impeaching 
4.    The evidence must go into the merits, such that it would
produce a different result if admitted
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 [Sec. 3, Rule 121]

It is the stage where the issues are joined and without which the 7. MTQ grounds
proceedings cannot advance further or, if held, will otherwise be
void [People v. Albert , G.R. No.114001 (1995)] a. Facts charged do not constitute an offense;
b. Court trying the case has no jurisdiction over the offense
6. MR vs MNT charged;
c. Court trying the case has no jurisdiction over the person of the
WHAT ARE THE GROUNDS FOR A NEW TRIAL?  accused;
d. officer who filed the information had no authority to do so;
A PARTY MAY MOVE FOR NEW TRIAL ON THE FOLLOWING e. The information does not conform substantially to the
GROUNDS:  prescribed form;
1.    Errors of law or irregularities prejudicial to the substantial f. More than one offense is charged, except when a single
rights of the accused have been committed during the trial  punishment for various offenses is prescribed by law;
2.    That  new  and  material  evidence  has  been  discovered  g. Criminal action or liability has been extinguished;
which  the accused  couldn’t  with  reasonable  diligence  have  h. Averments which, if true, would constitute a legal excuse or
discovered  andproduced at the trial and which if introduced and justification;
admitted would probably change the judgment   i. Accused has been previously convicted or acquitted of the
offense charged, or the case against him was dismissed or
WHAT ARE THE REQUISITES FOR GRANTING A NEW TRIAL otherwise terminated without his express consent
ON THE GROUND OF NEWLY DISCOVERED EVIDENCE?  [Sec. 3, Rule 117]

THE REQUISITES ARE THE FOLLOWING: 

1.    The evidence must have been discovered after trial 
2.    Such evidence couldn’t have been discovered and produced
at the trial even with the exercise of reasonable diligence 
3.    The evidence is material, not merely cumulative,
General rule: Failure of the accused to assert any
ground on a MTQ before he pleads, either because he
did not file MTQ or failed to allege said ground in the
MTQ shall be deemed a waiver of any objections

Exceptions:
a. Facts charged do not constitute an offense
b. Court trying the case has no jurisdiction over the
offense charged
c. Criminal action or liability has been extinguished
d. Accused has been previously convicted, or in
jeopardy of being convicted, or acquitted of the
offense charged
[Sec. 9, Rule 117]
e. Officer who filed information had no authority to
do so [Quisay v. People, G.R. No. 216920 (2016)]

8. Rights of accused

WHAT ARE THE 9 RIGHTS OF AN ACCUSED IN CRIMINAL

PROCEEDINGS? 

The following are the rights accorded the accused: 

1. To be presumed innocent until the contrary is proved

beyond reasonable doubt. 

2. To  be  informed  of  the  nature  and  cause  of  the 
accusation against him.

3. To be present and defend in person and by counsel at every

stage  of  the  proceedings,  from  arraignment  to 
promulgation of the judgment.  
4. To testify as a witness in his own behalf but subject to cross-
examination  on  matters  covered  by  direct  examination.  REQUISITES
His silence shall not in any manner prejudice him.  1. Be issued upon probable cause to be determined
personally by the judge after examination under oath or
5. To be exempt from being compelled to be a witness against affirmation of the complainant and the witnesses he may
himself.  produce, and;
2. Particularly describe the person to be arrested
6. 6.    To confront and cross-examine the witnesses against
him  at the  trial.  Either  party  may  utilize  as  part  of  its  When NOT necessary:
evidence  the testimony  of  a  witness  who  is deceased,  out 
of  or  can  not with due diligence be found in the Philippines, 1. Accused is under detention
unavailable, or otherwise   unable   to   testify,   given   in   2. Complaint was filed under sec 6, rule 112
another   case   or proceeding,  judicial  or  administrative,  3. Offense punishable by fine only.
involving  the  same parties  and  subject  matter,  the 
adverse  party  having  the opportunity to cross-examine 10. When to file MTQ warrant
him. 

7. To have compulsory process issued to secure the attendance

of witnesses and production of other evidence in his behalf. 
Provisional dismissal
8. To have speedy, impartial and public trial.  Provisional dismissal is dismissal without prejudice to
its being refiled or revived [Los Bañ os v. Pedro, G.R. No.
9. To appeal in all cases allowed and in the manner prescribed 173588 (2009)]
by law. 
PRE TRIAL
a. Plea bargaining
9. What is arrest b. Stipulation of facts
Arrest is the taking of a person into custody in order that he may c. Marking for identification of evidence
be bound to answer for the commission of an offense [Sec. 1, d. Waiver of objections to admissibility of evidence
Rule 113] e. Modification of the order of trial if accused admits
the charge but interposes a lawful defense (reverse
How made trial)
a. by actual restraint of a person to be arrested; f. Other matters that will promote a fair and
b. by his submission to the custody of the person expeditious trial of the civil and criminal aspects of
making the arrest [Sec. 2, 1st par., Rule 113] the case [Sec. 1, Rule 118 ]
Plea bargaining
Plea bargaining has been defined as "a process
whereby the accused and the prosecution work out a
mutually satisfactory disposition of the case subject to
court approval" [Estipona Jr. v. Lobrigo , G.R. No.
226679 (2017)]
Trial in Absentia
Requisites
a. Accused has been arraigned
b. He was duly notified of trial
c. His failure to appear is unjustified
11. Admin vs special admin
12. Grounds for disallowing will
Sec. 9. Grounds for disallowing will. – The will shall be
disallowed in any of the following cases:
(a) If not executed and attested as required by law;
(b) If the testator was insane, or otherwise mentally incapable to
make a will, at the time of its execution;
(c) If it was executed under duress, or the influence of fear, or
threats;
(d) If it was procured by undue and improper pressure and
influence, on the part of the beneficiary, or of some other person
for his benefit;
(e) If the signature of the testator was procured by fraud or trick,
and he did not intend that the instrument should be his will at
the time of fixing his signature thereto.
13. Contents
Sec. 2. Contents of petition. – A petition for the allowance of a will
must show, so far as known to the petitioner:
(a) The jurisdictional facts;
(b) The names, ages, and residences of the heirs, legatees, and
devisees of the testator or decedent;
(c) The probable value and character of the property of the
estate;
(d) The name of the person for whom letters are prayed;
(e) If the will has not been delivered to the court, the name of the
person having custody of it.
Uncontested will
a. Notarial Will – Testimony of at least one
subscribing witness that the will was executed as
required by law [Sec. 5, Rule 76]
1. If all subscribing witnesses reside outside of
the province but their deposition can be taken
elsewhere, the court may on motion order
that it be taken and may authorize making of
photocopy of the will to be presented to
witness [Sec. 7, Rule 76]
2. If all subscribing witnesses are dead, insane
or do not reside in Philippines, other
witnesses not subscribing may be presented
[Sec. 8, Rule 76]
b. Holographic wills
1. At least one witness who knows the
handwriting and signature of the testator
who explicitly declares that the will and
signature are in the handwriting of the
testator, or
2. In the absence of such competent witness and the court deems
it necessary, expert testimony may be resorted to [Sec. 5, Rule
76]
If the testator himself petitions for probate of
holographic will and it is not contested. The fact that
he affirms that the holographic will and the signature
are in his own handwriting shall be sufficient evidence
of genuineness and due execution thereof [Sec. 12,
Rule 76]
It is not mandatory that witnesses be presented first
before expert testimony maybe resorted to unlike in
notarial wills wherein attesting witnesses must first be
presented [Azaola v. Singson, G.R. No. L-14003
(1960)]
Contested will
Anyone appearing to contest the will must state in
writing his grounds for opposing its allowance and
serve a copy to petitioner and other interested parties
[Sec. 10, Rule 76]
a. Notarial Will
1. All subscribing witness and the notary if present in Philippines
and not insane must be presented.
2. If dead, insane or absent – said fact must be satisfactorily
shown in court.
3. If present in Philippines but outside the province – deposition
must be taken. [Sec. 11, Rule 76; Baltazar v. Laxa, G.R. No.
174489 (2012)]
Can testimony of the subscribing witnesses be
dispensed with in a contested will? YES. If any or all
of the subscribing witness
1. testify against the due execution of the will, or
2. do not remember having attested to it, or
3. are otherwise of doubtful credibility
The court may allow the will if it is satisfied from
testimony of other witnesses and all evidence
presented that the will was executed and attested
in the manner required by law [Sec.11, Rule 76]
b. Holographic wills
1. At least three witness who knows the handwriting and
signature of the testator who explicitly declares that the will and
signature are in the handwriting of the testator
2. In the absence of such competent witness and the court deems
it necessary, expert testimony may be resorted to holographic
will and it is contested, the contestant has the burden of
disproving genuineness. Testator may present additional
proof to rebut contestant’s evidence [Sec. 12, Rule76]
Lost will
a. Notarial Wills – even if lost may be proved
through the following facts
1. Execution and validity of the will
2. Its existence at the time of testator’s death or
that it has been fraudulently or accidentally
destroyed during testator’s lifetime without
his knowledge, and
3. Provisions of the will clearly and distinctly
proved by at least two credible witnesses
If lost will is proved, its provisions must be
distinctly stated and certified by the judge, under
seal of court, and the certificate must be filed and
recorded as other wills are filed and recorded
[Sec. 6, Rule 76]
b. Holographic Wills
General rule: If a holographic will has been lost or destroyed and
no other copy is available, the will cannot be probated because
the best and only
evidence is the handwriting of the testator in said will.
Exception: A photostatic copy or xerox of the holographic will
may be allowed because comparison can be made with the
standard
writings of the testator. [Rodelas v. Aranza, G.R. No. L-58509
(1982)]
Reprobate
Wills proved and allowed in a foreign country, according to the
laws of such country, may be allowed,
filed, and recorded by the proper court in Philippines
[Sec. 1, Rule 77]
Requisites before a Will Proved Abroad Would be Allowed in
Philippines
a. Duly authenticated copy of will
b. Duly authenticated order or decree of its
allowance in foreign country, and
c. Petition for allowance in Philippines filed by the
executor or other
14. Filing of claims – 2 years ; 12 months
Yung 6-12 months set by the court under Rule 86, it pertains sa
claims that DOES NOT SURVIVE death ni decedent. Between that
period, the court will fix the time within which to make a claim
against the estate. Once nag-set na si court, that period becomes
the STATUTE OF NON-CLAIMS.
Yung 2 years naman sa contingent claim, it applies whether the
debt survives the death of the decedent or not. Pero dapat the
contingent claim must be filed within 2 years from the time
naging definite na yung obligation.
15. Contingent claims
One which by its nature, is necessarily dependent upon an
uncertain event for existence or validity, which may or may not
develop into an enforceable claim.
Statute of non claims
Claim must be filed within the time limited in the notice;
otherwise they are barred forever (Sec. 5, Rule 86]

Claims covered (exclusive)
a. Claims for money against the decedent arising from contract
1. Express or implied
2. Due or not
3. Contingent or not
b. Claims for funeral expenses
c. Expenses for last sickness
d. Judgment for money against decedent [Sec. 5, Rule 86]
16. Action by and against executor
Actions that may be commenced directly against executor or
administrator
a. Recovery of real or personal property, or interest therein, from
estate
b. Enforcement of a lien thereon, and
c. Recovery of damages for an injury to a person or property, real
or personal [Sec. 1, Rule 87; Sarsaba v. Vda. De Te, G.R. No.
175910
(2009)]
DOUBLE VALUE RULE
A person who, before grant of letters testamentary or
of administration over an estate, embezzles or
alienates any money, goods, chattels or effects of
deceased, shall be liable to an action in favor of
executor/administrator for double the value of the
property sold, embezzled or alienated, to be recovered
for benefit of estate [Sec. 8, Rule 87]
When executor or administrator may bring action for
recovery of property fraudulently conveyed by deceased
a. There is deficiency of assets for payment of debts and
expenses of administration and the deceased, in his lifetime, had
conveyed real or personal property, right or interest therein, or
debt or credit with intent to defraud his creditors or avoid any
right, debt or duty, or
b. Deceased had so conveyed such property, right, interest, debt
or credit that by law the conveyance would be void as against the
creditors and the subject of the attempted conveyance would be
liable to attachment by any of them in his lifetime [Sec. 9, Rule
87]
17. When motion for execution allowed
Writ of execution
General rule: The probate court does not have the
power to issue writs of execution. A writ of execution is
not the proper procedure for the payment of debts and
expenses of administration. The proper procedure is
for the court to order the sale of personal estate or the
sale of mortgaged of real property of the deceased and
all debts or expenses of administration should be paid
out of the proceeds of the sale or mortgage [Aldamiz
v. Judge of CFI-Mindoro, G.R. No. L-2360 (1949)]
Exceptions:
1. To satisfy the distributive shares of devisees, legatees,
and heirs in possession of the decedent’s assets, or
2. To enforce payment of expenses of the partition, or
3. To satisfy the costs when a person is cited for
examination in probate