CRIMINAL PROCEDURE
Lecture by Atty. Francesca Lourdes M. Señga
A.Y. 2019-2020
RULE 110
PROSECUTION OF OFFENSES
Q: How do we institute a criminal case? - RULE
110 Sec 1
RULE 110 Sec 1
For offenses where a preliminary investigation
is required pursuant to section 1 of Rule 112,
by filing the complaint with the proper officer for
the purpose of conducting the requisite
preliminary investigation.
For all other offenses, by filing the complaint or
information directly with the Municipal Trial
Courts and Municipal Circuit Trial Courts, or the
complaint with the office of the prosecutor. In
Manila and other chartered cities, the complaint
shall be filed with the office of the prosecutor
unless otherwise provided in their charters.
Q: Does the MTC conduct preliminary
investigation?
● No, if your Rules of Court states that the
MTC conduct preliminary investigation.
Buy a new ROC luma na yan.
(Sarcasm)
Q: What are the grounds for prescription of
offenses? How does it prescribe?
● An offense prescribes after the lapse of
a period as provided in Art. 90 & 91
Article 90. Prescription of crime. - Crimes
punishable by death, reclusion perpetua or
reclusion temporal shall prescribe in twenty
years.
Crimes punishable by other afflictive penalties
shall prescribe in fifteen years.
Those punishable by a correctional penalty
shall prescribe in ten years; with the exception
of those punishable by arresto mayor, which
shall prescribe in five years.
The crime of libel or other similar offenses shall
prescribe in one year.
The crime of oral defamation and slander by
deed shall prescribe in six months.
Light offenses prescribe in two months.
When the penalty fixed by law is a compound
one, the highest penalty shall be made the
basis of the application of the rules contained in
the first, second and third paragraphs of this
article. (As amended by RA 4661, approved
June 19, 1966).
Article 91. Computation of prescription of
offenses. - The period of prescription shall
commence to run from the day on which the
crime is discovered by the offended party,
the authorities, or their agents, and shall be
interrupted by the filing of the complaint or
information, and shall commence to run again
when such proceedings terminate without the
accused being convicted or acquitted, or are
unjustifiably stopped for any reason not
imputable to him.
The term of prescription shall not run when the
offender is absent from the Philippine
Archipelago.
Q: When is the prescriptive period interrupted?
● It is interrupted upon the institution of
the criminal action.
Q: Let us say that the crime prescribes in 10
years, today the crime was committed. Let us
say one year from today, the information was
filed in the RTC. So the case was pending for 15
years, has the crime prescribed? ANS: No. It
has already been interrupted by the filing of the
information.
Q: On the 16th year, the case was provisionally
dismissed with the consent of the accused. Will
the prescriptive period continue to run or no
more?ANS: Yes. It is provided for in Article 91,
when the case is dismissed without acquittal or
conviction the prescription begins to run again.
(Ma‘am ranted about answering the question
YES or NO, then the reason. Answer directly)
Q: After one month the case was again refiled,
so as of the time of the filing of the second case,
how many of the prescriptive period has lapsed?
 One year and 1 month.
Q: If ten years again lapses for the pendency of
the case, then it is again provisionally dismissed.
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 CRIMINAL PROCEDURE
Lecture by Atty. Francesca Lourdes M. Señga
A.Y. 2019-2020

Has the crime prescribed? No. Then it will again

start to run.
Q: If it has been 5 months after the second
dismissal (provisional), then the period of the
that had lapsed of the prescriptive period A: 1
year and 6 Months. The mistake of the students
is that they count the total number of years. That
is wrong, you must count the in-betweens.
Q: What if the case has instead been archived?
Will the prescriptive period begin to run?
● No. The prescriptive period will not
begin to run because archive means
that it remains pending in court.
Therefore, Art. 91 applies. Because it
was dismissed with the accused being
acquitted or convicted or is unjustifiably
stopped for any reason not imputable to
him.
Q: If the case is dismissed with the consent of
the accused, on the ground of the right to
speedy trial. It‘s not an acquittal, so what is it?
Will the first jeopardy attached if it was
dismissed due to the right to speedy trial?
Assuming there is already arraignment and the
court has acquired jurisdiction
● It will attach, because you cannot file it
anymore. There is already a first
jeopardy. Note that this is without
prejudice to the rules of continuous trial
where if the essential witness is not
present for two or three consecutive
hearings, the case can be dismissed.
But in the continuous trial rule, the
dismissal based on the absence of the
essential witness is only provisional
dismissal.
Q: What are the period of prescription under Art.
91 (Refer to provisions above)
Q: How about crimes that fall under special
laws? When the special laws do not provide for
a prescriptive period? What does Act No. 3326
Sec 1 provide?
Section 1. Violations penalized by special acts
shall, unless otherwise provided in such acts,
prescribe in accordance with the following
rules:
(a) after a year (1) for offenses punished only
by a fine or by imprisonment for not more
than one month, or both; (< 1 month)
(b) after four years (4) for those punished by
imprisonment for more than one month, but
less than two years; (> 1m; < 2 years)
(c) after eight years for those punished by
imprisonment for two years or more, but less
than six years; and (2 y or <2y; < 6 years)
(d) after twelve years for any other offense
punished by imprisonment for six years or more
(6 years or more) , except the crime of treason,
which shall prescribe after twenty years.
Violations penalized by municipal ordinances
shall prescribe after two months.
Q: A complaint can be filed before the court or
before a prosecutor‘s office, if there will be a
preliminary investigation, will the filing of the
COMPLAINT for purposes of preliminary
investigation toll the prescriptive period or will it
only be tolled , as a general rule, from the time
the INFORMATION was filed?
● From the time the COMPLAINT is filed.
The reason is because the complainant
who did not waste time in filing of the
complaint to the prosecutor will be
prejudiced if the prosecutor delays the
resolving of the case.
Q: Does the same rule applies to special laws?
● Yes, the same rule applies.
PP v. Galano (RPC) - As alleged in the
information, the crime was committed in
Batangas. Evidence showed that it was not in
Batangas Court and it does not have jurisdiction.
The filing of the complaint in the municipal court,
even if it merely for purposes of PI should and
interrupts the period of prescription even if the
court where the complaint or information is filed
cannot try the case on its merits (lack of
territorial jurisdiction). The prescription period
was tolled. What determines jurisdiction is the
allegations in the complaint, which is to be

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 CRIMINAL PROCEDURE
Lecture by Atty. Francesca Lourdes M. Señga
A.Y. 2019-2020

distinguished from it is the law that confers
jurisdiction. Then the Batangas Court had
jurisdiction, but when it was discovered that it
was committed in Manila, the case was
transferred.
Sanrio v. Lim (SPECIAL LAW) - This involves
a violation of the Intellectual Property Code
concerning counterfeit Sanrio products. The
complaint was filed one year, 10 months, and
four days after the NBI searched and seized
their premises. The main question is whether or
not that there is prescription already?
● No, the SC hold that filing of the
complaint to initiate preliminary
investigation interrupts the running of
the prescriptive period. Apply the
principle same with the crimes
punished under RPC.
Q: How about BP 22? Which rule do we apply? -
Special Laws & RPC How come we do not apply
the principle with that of cases under summary
procedure with BP 22 (re: filing of the
information is what stops the running of the
prescriptive period) Why apply rules on special
laws? What is the reasoning of the supreme
court.
● Because BP 22 is malum prohibitum
(Not sure if correct)
Q: What about violation of municipal ordinances,
such as in the cases Zaldivia v. Reyes (violation
of quarrying ordinance) & Jadewell Parking
Systems Corporation v. Lidua (violation of
ordinance re: parking). What is the ruling?
● In these cases, there was a violation of
ordinances. The filing of an information
tolls the prescriptive period where the
crime charged involved is an ordinance.
Hence, the filing of a complaint will not
toll the running of the prescriptive
period. Hence, the petitioners argument
will not lie.
Republic v. Cojuancgo - The crime has
already prescribed, the crime committed is
violation of RA 3019. The documents involved in
this case are public documents, the
consequence of them being public documents is
that they can be accessed (notice to the whole
world). Since the violated law is a special law,
prescription shall begin to run from the day of
the commission of the offense (the time SEC
issued to UNICOM the public documents).
Q: What is a complaint? Information? How is a
complaint or information described in SEC 2?
Section 2. The Complaint or
information. — The complaint or information
shall be in writing, in the name of the People of
the Philippines and against all persons who
appear to be responsible for the offense
involved. (2a)
Section 3. Complaint defined. — A
complaint is a sworn written statement charging
a person with an offense, subscribed by the
offended party, any peace officer, or other
public officer charged with the enforcement of
the law violated. (3)
Section 4. Information defined. — An
information is an accusation in writing charging
a person with an offense, subscribed by the
prosecutor and filed with the court. (4a)
A complaint information cannot be orally made.
The offended party in a criminal action is the
State, the private complainant is reduced to a
WITNESS only.
Q: The crime is robbery Mr X filed a case for
robbery by means of intimidation, he took
1million from mr X without his knowledge or
consent. The accused was acquitted, can Mr X,
the private offended party, appeal the acquittal?
● No,
Q: Can the prosecutor appeal an acquittal?
● No, because it will violate the right of the
accused against double jeopardy.
Because the acquittal is executory and
final, you cannot appeal an acquittal.
Q: Can you file a motion for reconsideration
against a decision that acquits the accused?

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 CRIMINAL PROCEDURE
Lecture by Atty. Francesca Lourdes M. Señga
A.Y. 2019-2020

● No, it will place the accused twice in
jeopardy.
Q: Do you have a remedy, the only evidence
presented is only a paper with a drawing of the
accused, the only evidence presented by the
defense. But so far as the prosecuting officer is
concerned, there is overwhelming evidence to
establish his guilt beyond reasonable doubt. The
accused is acquitted. Do you have a remedy?
● Original Certiorari under Rule 65, if
there is grave abuse of discretion
resulting or amounting to lack or excess
of jurisdiction. Courts have concurrent
jurisdiction over this remedy.
2. Since it is a certiorari, the judgement is
issued with grave abuse of discretion. A
judgement like this is considered as
void, therefore the first jeopardy will not
attach.
The remedy of the private offended party in a
crime is the civil aspect (Art. 100 of the RPC)
Accused is convicted, the penalty is reclusion
temporal, but the court failed to consider the
aggravating circumstance which should have
made it reclusion perpetua. Can the private
complainant appeal the criminal aspect? Who is
the proper party to appeal

● NO. Because the offended party here is

Certiorari under Certiorari under
Rule 45
Petition for Review
(Appeal) to the
Supreme Court
the state. The effect of the appeal is
Rule 65 only insofar as the civil aspect. The
proper party to appeal is the
Original Action PROSECUTOR (for RTC/MTC) and the
SOLICITOR GENERAL (for CA & SC)
What if there is an acquittal, who would file the
REQUIREMENTS: certiorari to assail the acquittal?
1. There must be ● The prosecutor or the SOLGEN, if you
grave abuse of want to assail the award of damages;
discretion
amounting to the private complainant will appeal for
lack or excess the damages only.
of jurisdiction ● There are two remedies to assail the
2. There is no
decision/ for the acquittal:
more appeal or
any other plain, ○ Certiorari for the Acquittal in the
speedy, or criminal case
adequate ○ Appeal for the Civil Aspect.
remedy.

JIMINEZ v. SORONGON - Petitioner appealed

Q: Can you appeal an acquittal? No more to the CA, it was dismissed for lack of locus
speedy, plain, or adequate remedy. So you can standi since only the OSG has a right to
assail the acquittal through Certiorari under Rule represent the people. The court held that if
65. You can no appeal is instituted merely by the private
complainant, it is not valid.
If the case is pending with the RTC, you would
file a petition for certiorari in CA. If the case is
pending in MTC, you file it in RTC. That would
not violate the right of the accused against
double jeopardy because of the following
reasons:
1. Certiorari not an appeal, it is an original
action.

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 CRIMINAL PROCEDURE
Lecture by Atty. Francesca Lourdes M. Señga
A.Y. 2019-2020
Section 5. Who must prosecute criminal
actions. — Section 5. All criminal actions
either commenced by complaint or by
information shall be prosecuted under the
direction and control of a public prosecutor. In
case of heavy work schedule of the public
prosecutor or in the event of lack of public
prosecutors, the private prosecutor may be
authorized in writing by the Chief of the
Prosecution Office or the Regional State
Prosecutor to prosecute the case subject
to the approval of the court. Once so
authorized to prosecute the criminal action,
the private prosecutor shall continue to
prosecute the case up to end of the trial even
in the absence of a public prosecutor, unless
the authority is revoked or otherwise
withdrawn. x x x .")
Q: You are married to Ms Recalde, she says
happy daysary we‘re married for 1 day na. I
want birthday sex, pero not with you but with
your best friend, Mr. Castaneda. Only one time
was allowed by the husband. So you want to the
house of your bff, but your wife admitted that
she had sexual intercourse with him 20 times.
Can you bring an action against only her for
adultery - No, both of them should be included
as offenders, you can file 20 times only because
you consented to one of the sexual intercourses.
It is not a continuing crime, for each sexual act,
each act is 20 different consummated acts.
Consent is not the same with pardon, consent
refers to future acts of adultery, while pardon
refers to past event. Can it be during the act?
Yes. However after the 21 times you had sexual
intercourse with Recalde, Hiadan had sex with
Ms. Recalda for him to apologize the acts. Can
Hiadan (the husband) file a complaint for 21
counts of adultery? No, because there was
pardon already. Hence, Ms. Recalda cannot be
prosecuted anymore. According to the rule,
prosecution must be against the offending
spouse and the paramour. The same rule
applies to the crime of concubinage.
Q: Does the same rule apply with respect to
concubinage?
● It must be against the husband and the
concubine.
With respect to seduction, abduction, and acts of
lasciviousness, what is the rule? Is it both
consent or pardon?
● There is no consent in these crimes.
The crimes are committed without
consent.
● Only pardon is allowed.
● The order provided in Rule 110, Sec. 5
must be followed.
● What if the victim is a minor? A
retardate? Who can file on behalf of
them?
● What if the parents? grandparents?
guardian? are dead? – The state will
initiate the action on the basis of parens
patriae.
● The offended party in the crime of acts
of lasciviousness is sane and of legal
age. Refuses to file the complaint and
just wants to move on but the parents
does not agree. Can the parents file it
on behalf of the offended party?
○ (Sagot nila sa recit, the parents
can only institute it when the
offended party is a minor)
PP v. Yparraguire – Victim is a mental retardate
but of legal age. Can the mother file on behalf of
that victim, notwithstanding the fact that the
victim is already of legal age? YES.
● Can the minor be the one to institute the
complaint? YES. Unless the minor is
also incompetent, in which case the
parents can institute the complaint.
Pilapil v. Ibay-Somera – Foreigner husband
obtained a divorce in Germany. Filed a case
against his ex wife for adultery. It necessarily
follows that such initiator must have the status,
capacity, or legal representation to institute the
action at the time of filing. He is no longer the
offended spouse.
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 CRIMINAL PROCEDURE
Lecture by Atty. Francesca Lourdes M. Señga
A.Y. 2019-2020
PP v. Mariano – Mother filed the complaint. It
was alleged that it should have been the father
who should have filed it. The Court held that
there is nothing in the context of Sec. 4 that the
mother cannot present the complaint if the father
is living. There is no preference provided by the
rules.
In cases of defamation imputing the offended
party of the crimes provided in Sec. 5, can a
girlfriend of an offended party file the complaint
for libel, slander, or malicious prosecution?
● No. It is provided that no criminal action
for defamation which consists in the
imputation of the offenses mentioned
above shall be brought except at the
instance of and upon complaint filed by
the offended party.
Section 6. Sufficiency of complaint or
information. — A complaint or information is
sufficient if it states the name of the accused; the
designation of the offense given by the statute;
the acts or omissions complained of as
constituting the offense; the name of the offended
party; the approximate date of the commission of
the offense; and the place where the offense was
committed.
When an offense is committed by more than
one person, all of them shall be included in
the complaint or information.
● How can you say that a complaint or
information is sufficient? What must be
alleged?
● If there are 5 accused in the crime,
should there be separate informations
for each accused?
○ All of them shall be included in
one information.
■ Do you have to check
what is the nature of
their participation in the
offense?
■ What if there is
conspiracy?
Section 7. Name of the accused. — The
complaint or information must state the
name and surname of the accused or any
appellation or nickname by which he has
been or is known. If his name cannot be
ascertained, he must be described under
a fictitious name with a statement that
his true name is unknown.
If the true name of the accused is
thereafter disclosed by him or appears in
some other manner to the court, such
true name shall be inserted in the
complaint or information and record.
● Can there be an information where the
accused‘s name is not known?
○ Yes. It may be under a fictitious
name.
● If the name is known afterwards and
inserted later on in the information, is it
a formal or substantial amendment?
Formal.
Section 11. Date of commission of
the offense. — It is not necessary to
state in the complaint or information
the precise date the offense was
committed except when it is a
material ingredient of the offense.
The offense may be alleged to have
been committed on a date as near as
possible to the actual date of its
commission.
● Do you need to specify the exact time
and date the crime was committed?
○ No, only when it is a material
ingredient of the offense.
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 CRIMINAL PROCEDURE
Lecture by Atty. Francesca Lourdes M. Señga
A.Y. 2019-2020

Section 12. Name of the offended party. person or that it is organized in

— The complaint or information must accordance with law.
state the name and surname of the
person against whom or against whose
property the offense was committed, or Section 10. Place of commission of the
any appellation or nickname by which offense. — The complaint or information is
such person has been or is known. If sufficient if it can be understood from its
there is no better way of identifying him, allegations that the offense was committed
he must be described under a fictitious or some of the essential ingredients
name. occurred at some place within the
jurisdiction of the court, unless the
(a) In offenses against property, if particular place where it was committed
the name of the offended party is constitutes an essential element of the
unknown, the property must be offense or is necessary for its
described with such particularity identification.
as to properly identify the offense
charged.
(b) If the true name of the person
● For purposes of sufficiency of
against whom or against whose
properly the offense was information, what do the rules provide?
committed is thereafter disclosed ○ It is sufficient that the offense
or ascertained, the court must was committed or some of the
cause the true name to be essential ingredients occurred at
inserted in the complaint or some place within the
information and the record. jurisdiction of the court.
If the offended party is a juridical person,
■ UNLESS, the
it is sufficient to state its name, or any
particular place where
name or designation by which it is known
it was committed
or by which it may be identified, without
constitutes an
need of averring that it is a juridical
essential element of
person or that it is organized in
the offense or is
accordance with law.
necessary for its
● What about the name of the private
identification.
complainant? What if it is unknown?
Can there be still a valid information?
○ If there is no better way of
identifying him, he must be
described under a fictitious
name.
● What if it is a crime against property and
the name of the offended party is
unknown?
○ The property must be described
with such particularity as to
properly identify the offense
charged.
● What if the offended party is a juridical
person?
○ It is sufficient to state its name,
or any name or designation by
which it is known or by which it
may be identified, without need
of averring that it is a juridical

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 CRIMINAL PROCEDURE
Lecture by Atty. Francesca Lourdes M. Señga
A.Y. 2019-2020
Section 8. Designation of the offense. — The
complaint or information shall state the
designation of the offense given by the statute,
aver the acts or omissions constituting the
offense, and specify its qualifying and
aggravating circumstances. If there is no
designation of the offense, reference shall be
made to the section or subsection of the
statute punishing it.
Section 9. Cause of the accusation. — The
acts or omissions complained of as
constituting the offense and the qualifying and
aggravating circumstances must be stated in
ordinary and concise language and not
necessarily in the language used in the statute
but in terms sufficient to enable a person of
common understanding to know what offense
is being charged as well as its qualifying and
aggravating circumstances and for the court to
pronounce judgment.
● Is it allowed where an information did
not mention which provision of the RPC
was violated? Is that a valid
information? YES.
● It did not use the exact terms or
technical terms used under the RPC? Is
that a valid information? YES.
● What is the test then, to determine the
sufficiency of the cause of the
accusation?
○ It does not have to be in a
technical terms. It must be
stated in ordinary and concise
language that is understood by
a person of common
understanding.
■ Why? The constitutional
right of being informed
of the nature of the
crime is sought to be
protected.
■ All you need are the
facts which constitute
the elements of the
offense.
● Do you need to allege aggravating
circumstances? Does it matter if it is
qualifying or only generic?
○ No because all aggravating
circumstances must be alleged.
● What about mitigating circumstances?
Do you need to allege it?
○ No. The defense proves the
mitigating circumstances as it is
for the benefit of the accused.
PP v. Valdez – Party in a canteen; ―gusto mo
unahin na kita‖; ISSUE: was there a sufficient
allegation of treachery? NONE, even if they
alleged the term ―treachery‖ in the information. It
is not enough to use that term. It must also
include the acts which constitute treachery.
● The use of the term treachery alone is a
mere conclusion of law. You must allege
the acts constituting the offense. That is
why it is always mentioned that the
killing was done with a bolo, etc. – to
show the acts constituting the offense.
Estrada v. SB – there was conspiracy. ISSUE:
what is required for conspiracy to be sufficiently
alleged in the complaint/information.
● It must be distinguished whether
conspiracy is a separate crime or merely
a mode of incurring criminal liability.
● Separate crime – acts or omissions
must be alleged.
● Mode – it need not be alleged. Mere use
of words conspiracy and the like is
sufficient.
What is a bill of particulars? This presupposes
that the complaint is valid and sufficient. We only
use it to clarify some matters.
If the complaint/information is insufficient, do we
use bill of particulars as a remedy? NO. The
remedy is motion to quash.
Do we need to allege evidentiary matters in the
information? No.
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 CRIMINAL PROCEDURE
Lecture by Atty. Francesca Lourdes M. Señga
A.Y. 2019-2020
PP v. Torrecampo – ISSUE: whether generic or
qualifying circumstances must be alleged. YES.
● If the generic or qualifying circumstance
was not alleged but it was proven, can it
be appreciated for purposes of
conviction? NO. It violates the rights of
the accused to be informed of the nature
of the accusation.
PP v. Jugueta – crime charged is Double Murder
and Multiple Attempted Murder. Is this a valid
information? NO. Can it be waived? YES. It was
waived in this case. He objected to it only on
appeal.
EXAMPLE:
On Jan 1, 2019, the accused Jasmine Wong,
then and there, with intent to gain, took the
property of another without the owner‘s
knowledge or consent. CONTRARY TO LAW.
● Is this a sufficient information? NO.
These are mere conclusions of law. It
only alleged the elements of the crime
without alleging the facts or the acts that
constitute the elements of the crime.
Section 14. Amendment or substitution. — A
complaint or information may be amended, in
form or in substance, without leave of court, at
any time before the accused enters his plea. After
the plea and during the trial, a formal amendment
may only be made with leave of court and when it
can be done without causing prejudice to the
rights of the accused.
However, any amendment before plea, which
downgrades the nature of the offense charged in
or excludes any accused from the complaint or
information, can be made only upon motion by
the prosecutor, with notice to the offended party
and with leave of court. The court shall state its
reasons in resolving the motion and copies of its
order shall be furnished all parties, especially the
offended party. (n)
If it appears at any time before judgment that a
mistake has been made in charging the proper
offense, the court shall dismiss the original
complaint or information upon the filing of a new
one charging the proper offense in accordance with
section 19, Rule 119, provided the accused shall
not be placed in double jeopardy. The court may
require the witnesses to give bail for their
appearance at the trial.
Fronda - Baggao v. People – there are four
informations for illegal recruitment to be
amended into one information of illegal
recruitment on a large scale. Is this a formal or
substantial amendment? FORMAL
AMENDMENT. It was held that the defense
available to her is not altered.
● What is then the test whether or not the
amendment is formal or substantial?
○ Defense/evidence available to
the accused before or after
amendment.
○ Whether it changes the nature
of the offense.
Difference between amendment and substitution
2 kinds of amendment: formal and substantial
● Before arraignment, can there be a
formal amendment? YES.
● Before arraignment, can there be a
substantial amendment? YES
● Before arraignment, do you need leave
of court as a general rule, for formal or
substantial amendment? NO.
Instances where leave of court is required even
if amendment is before plea:
● The amendment downgrades the nature
of the offense charged
● The amendment excludes any accused
from the complaint/information
It should be done upon the motion of the
prosecutor, with notice to the offended party.
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 CRIMINAL PROCEDURE
Lecture by Atty. Francesca Lourdes M. Señga
A.Y. 2019-2020

The discharge of the accused with a substantial

amendment is it the same as the discharge of
Section 17. Discharge of accused to be state
the accused under Rule 119?
witness. — When two or more persons are
● 119 – considered as substitution.
jointly charged with the commission of any
○ There are requirements under
offense, upon motion of the prosecution
119.
before resting its case, the court may direct
■ The accused is not the
one or more of the accused to be discharged
most guilty. Its right that
with their consent so that they may be
they are charged but
witnesses for the state when, after requiring
they need to be a State
the prosecution to present evidence and the
witness.
sworn statement of each proposed state
○ The prosecution recommends
witness at a hearing in support of the
but it is subject to the approval
discharge, the court is satisfied that:
of the court and requirements.
○ Is this the same as submitting
(a) There is absolute necessity for the
an accused under the Witness
testimony of the accused whose
Protection Program with the
discharge is requested;
DOJ? Does it need court
(b) The is no other direct evidence
approval? NO.
available for the proper
■ The accused will never
prosecution of the offense
be included in the
committed, except the testimony
information. Court
of said accused;
approval is not needed
(c) The testimony of said accused can
because they are
be substantially corroborated in
already excluded.
its material points;
■ It is the discretion of
(d) Said accused does not appear to
DOJ not to include
be the most guilty; and
them.
(e) Said accused has not at any time
been convicted of any offense
involving moral turpitude.

● 110 – substantial amendment.

○ Needs a court approval because
they are already included in the
information.

Change of the caption of the information from

Rape or Homicide to Murder with the same facts
and circumstances in the information. FORMAL
because what is controlling is the allegations
which constitute the offense.

Is adding a generic aggravating circumstance is

to be included into an information a formal or
substantial amendment? FORMAL it did not

10
 CRIMINAL PROCEDURE
Lecture by Atty. Francesca Lourdes M. Señga
A.Y. 2019-2020
change the nature of the crime. It only relates to
the range of penalty to be imposed. Adding
nighttime won‘t change the theory of the crime if
your defense is self defense.
Amendment of an information, is it required that
there must be a new preliminary investigation to
be conducted? NO. It only applies when there is
a substantial amendment.
Matalam v. SB – the new crime is not related.
Illegal dismissal from refusal to pay. This
warranted a new preliminary investigation.
Section 13. Duplicity of the offense. —
A complaint or information must charge
but one offense, except when the law
prescribes a single punishment for
various offenses.
● What if the complaint charges Double
Murder, can this defect be waived?
YES.
● How do you object to it? By motion to
quash the information.
When should you file the motion to quash?
Before arraignment. If you did not file it before
arraignment, what is the effect?
 It constitutes as waiver, and for as many
crimes as there are alleged in the
information.
RULE 111
PROSECUTION OF CIVIL ACTION
● For every criminal case, there is a civil
case that is deemed instituted (Art.
100). The offended party does not need
to do anything if he/she wants to
institute the civil case with the criminal
case.
● Civil aspect that arises from a crime.
● Does it follow when an accused is
acquitted, there will be no civil liability
anymore?
○ NO. It depends whether the
accused is acquitted for
reasonable doubt or whether the
accused is innocent.
○ Quantum of evidence different
in criminal and civil cases.
○ Civil liability based on quasi-
delict, quasi-contract, law,
contracts, etc.
○ When the court declares that
there is no crime but only civil
liability.
○ If the court acquits but does not
say that the act from which the
civil liability arises did not exist.
If the accused dies during the pendency of the
case, will it extinguish the civil liability arising
from the different sources? NO. Will it extinguish
the civil liability ex delicto? YES.
After arraignment, the accused dies. What is the
effect? The criminal liability is extinguished. The
civil liability ex delicto is also extinguished.
● What would then be the basis of
recovery of the civil liability?
○ What are independent civil
actions? (Art. 32; 33; 34; 2176)
■ They are not
extinguished by the
death of the accused.
■ By filing civil cases that
survive the death of the
accused.
When do you make the reservation? For what
type of civil liability? Is it for independent civil
actions? NO. It is for the civil liability ex delicto.
Robbery of Mr. X‘s 1M, PI was taking time, Can
Mr. X file the civil case to recover civil liability ex
delicto ahead of the criminal case? YES.
● What happens if the criminal case is
then filed?
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 CRIMINAL PROCEDURE
Lecture by Atty. Francesca Lourdes M. Señga
A.Y. 2019-2020
○ The civil case will be
suspended.
 Why is there a need that the criminal
case be first decided?
o Because the civil liability is
dependent on whether or not
the crime was committed. Such
that if no crime was committed,
or the act from which the civil
liability arises never existed,
there is no civil liability.
o The determination of the civil
aspect is based on the crime.
o Inconsistent rulings are being
avoided here.
 What if you do not want to suspend the
civil case?
o Consolidate it with the criminal
case.
o A matter of discretion on the
court.
 What are the things that the court
should consider whether or not it will
consolidate?
o Republic v. CA. Both the civil
and criminal case should arise
from the same incidents and
involve the same facts. In this
case, one was a criminal charge
of estafa while the other is a
collection for a sum of money
(Also SB has no JD over
collection cases- JD is an
essential requirement to
consolidate). Consolidation
cannot be had, the collection
should be filed as a separate
case with the regular courts for
such collection.
o Look at the evidence presented
in the civil case.
o You can either suspend the
case that arises from the crime,
you can consolidate, or wait for
the criminal case in which the
civil case is deemed instituted.
In case of consolidation, the evidence
already adduced in the civil action shall
be deemed automatically reproduced in
the criminal action without prejudice to
the right of the prosecution to cross-
examine the witnesses presented by the
offended party in the criminal case and
of the parties to present additional
evidence. The consolidated criminal and
civil actions shall be tried and decided
jointly.
● The criminal case is filed, you did not file
the civil case in advance, but you said
that you do not want to pursue the civil
case yet, what can you do?
○ This is the time you make a
reservation, that it would be
tried at a later time.
○ If you do not make a
reservation, the effect is that the
civil case is deemed instituted.
● If Mr. X does not file ahead, and the
criminal case is filed, does Mr. X have to
file anything with regard to the civil
action?
○ NO. The civil action is deemed
instituted in the criminal case
Independent Civil Actions
● Not dependent on the existence of the
crime
● Source:
○ Laws
○ Contracts
○ Quasi-contracts
○ Quasi-delicts
● You do not need to file a reservation for
independent civil actions.
● If a criminal case is subsequently filed, it
will not suspend the independent civil
action.
● Art. 33 – physical injuries.
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 CRIMINAL PROCEDURE
Lecture by Atty. Francesca Lourdes M. Señga
A.Y. 2019-2020
○ Does this include death? YES.
Physical injuries here is
construed in its generic term,
which means any bodily harm. It
does not have the technical
meaning under the RPC.
Q: There is a criminal case of Estafa, and there
is a civil aspect arising from the crime deemed
instituted in the criminal case, however, you filed
an independent civil action for Fraud under
Article 33 of the NCC. There is now 3 pending
cases. Is that allowed? Can you claim for both
civil cases?
● No. You can only recover from one civil
action.
Q: What about in BP 22 cases, can you file an
independent civil action?
● No, it is deemed instituted in the criminal
action. Even in a civil case arising from
the criminal act, it is deemed instituted
in the BP 22 criminal case.
● Rule 111 of ROC Sec. 1 Par. (b) - The
criminal action for violation of Batas
Pambansa Blg. 22 shall be deemed to
include the corresponding civil action.
No reservation to file such civil action
separately shall be allowed.
Q: What about in cases cognizable in
Sandiganbayan? Can you file a separate civil
action arising from the crime in Sandiganbayan?
● Proton Pilipinas Corp. v. Republic
○ There is a case for the violation
of RA 3019 because of the non-
payment of the government
taxes. Subsequently, there was
an independent civil case for the
collection of unpaid taxes. The
Government should not and
must not await the result of the
criminal proceeding in the
Sandiganbayan before it can
collect the outstanding customs
duties and taxes of the
petitioner for such will unduly
restrain the Government in
doing its functions. The
machineries of the Government
will not be able to function well if
the collection of taxes will be
delayed so much so if its
collection will depend on the
outcome of any criminal
proceedings on the guise that
the issue of collection of taxes is
a prejudicial issue that need to
be first resolved before
enforcing its collection.
● Phillipine Rabbit Bus Lines, Inc. v.
People
○ The employer was complaining
that he is not secondarily liable
because he was not impleaded
in the case. Under Article 103 of
the RPC, employers are
subsidiarily liable for the
adjudicated civil liabilities of
their employees in the event of
the latter‘s insolvency.The
liability of an employer cannot
be separated from that of the
employee even if he is not
impleaded in the case.
Q: You were charged with Rape, but you said
you were the one who was raped. Can you file a
separate counter-claim for Sexual Assault,
arising from the same crime of Rape?
● Maccay v. Spouses Nobela
○ You cannot file a counterclaim
in a case filed against you. The
trial court cannot rule on the civil
liability of complainant in a
criminal case where the civil
action was not reserved or filed
separately. According to Rule
111 of ROC, No counterclaim,
cross-claim or third party
complaint may be filed by the
accused in the criminal case,
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 CRIMINAL PROCEDURE
Lecture by Atty. Francesca Lourdes M. Señga
A.Y. 2019-2020
but any cause of action which
could have been the subject
thereof may be litigated in a
separate civil action.
○ If he has a counterclaim, he can
file it separately from the
criminal action.
Q: There is payment of filing fee on the basis of
what?
● Rule 111 of ROC Sec. 1 Par. (b) -
Where the complaint or information also
seeks to recover liquidated, moral,
nominal, temperate or exemplary
damages, the offended party shall pay
the filing fees based on the amounts
alleged therein.
○ Actual or compensatory
damages - Except as provided
by law or by stipulation, one is
entitled to an adequate
compensation only for such
pecuniary loss suffered by him
as he has duly proved. Such
compensation is referred to as
actual or compensatory
damages. (Art. 2199, NCC)
○ Moral damages - Moral
damages include physical
suffering, mental anguish, fright,
serious anxiety, besmirched
reputation, wounded feelings,
moral shock, social humiliation,
and similar injury. Though
incapable of pecuniary
computation, moral damages
may be recovered if they are the
proximate result of the
defendant‘s wrongful act or
omission (Art. 2217, NCC)
○ Nominal - Nominal damages are
adjudicated in order that a right
of the plaintiff, which has been
violated or invaded by the
defendant, may be vindicated or
recognized, and not for the
purpose of indemnifying the
plaintiff for any loss suffered by
him. (Art. 2221, NCC)
○ Temperate or moderate -
Temperate or moderate
damages, which are more than
nominal but less than
compensatory damages, may
be recovered when the court
finds that some pecuniary loss
has been suffered but its
amount can not, from the nature
of the case, be proved with
certainty. (Art. 2224, NCC)
○ Liquidated - Liquidated
damages are those agreed
upon by the parties to a
contract, to be paid in case of
breach thereof. (Art. 2226,
NCC)
○ Exemplary - Exemplary or
corrective damages are
imposed, by way of example or
correction for the public good, in
addition to the moral, temperate,
liquidated or compensatory
damages. (Art. 2229, NCC)
Q: Is civil indemnity the same as damages?
● No. Civil indemnity is awarded when
there is a commission of a crime. E.g.
when someone died, you compute how
much the civil indemnity.
● Civil indemnity is by the fact that the
crime was committed.
Q: What if in the damages, there is no amount
specified, how we can compute the docket and
filing fees?
● There will be a lien on the judgment of
the court that awards the damages.The
court will specify the amount of the
damages which will determine the
amount of the filing fees. A portion in the
amount of damages is a lien.
Q: In BP 22, is there filing fees on actual
damages?
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 CRIMINAL PROCEDURE
Lecture by Atty. Francesca Lourdes M. Señga
A.Y. 2019-2020
● Yes. There is no filing fees on actual
damages except in BP 22.
Prejudicial Question
What is the effect of a prejudicial question on a
criminal case?
● The criminal case will be suspended if
there is a prejudicial question. If the civil
case is filed before the criminal case.
● Prejudicial question arises from the civil
case.
Q: A and B are married. A met and fell in love
with C. A filed a petition to nullify her marriage to
B. Pending the petition, A married C. B filed a
case for Bigamy against A. A claimed that there
is a petition filed for the nullity of her marriage to
B, therefore it is a prejudicial question. Is A
correct?
● No. The subsequent marriage of A to C
is bigamous because there hasn‘t been
a decree that nullifies her marriage to B.
The crime was already consummated
pending the petition, so there is no need
to determine whether or not there is a
prejudicial question.
● Under the Old Civil Code, if the
marriage is void, there is no need for a
decree of nullity to contract a
subsequent one.
● Even if the 1st marriage is contracted
under the Old Civil Code and the 2nd
marriage is contracted under the Family
Code, Article 40 of the Family Code will
apply retroactively because it is a rule of
procedure. Procedural rules can apply
retroactively because it will not impair
any rights.
Q: Can there be a previous administrative case
that is a prejudicial question? Or is it only a civil
case.
● San Miguel Properties, Inc. v. Perez
○ There was a case filed for
Specific Performance for the
delivery of a title before the
HLRUB, an administrative
agency. Accordingly, if the title
is not delivered, it will constitute
a criminal offense.
Subsequently, a criminal case of
failure to deliver a title was filed.
○ The nature of the case of failure
to deliver a title is civil even if it
was filed before the HLURB
because the law only requires
that any disputes must be filed
in the HLURB.
○ There was a prejudicial
question. Because the civil case
will determine if there is an
obligation to deliver which would
determine if there is a criminal
case of failure to deliver the title.
○ No prejudicial question in an
administrative case because the
Supreme Court held that the
nature of the case is CIVIL.
RULE 112
PRELIMINARY INVESTIGATION
Q: What is a Preliminary Investigation?
Section 1. Preliminary investigation defined;
when required. — Preliminary investigation 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.
Q: For purposes of preliminary investigation,
what is probable cause?
● It has been defined as ―such facts and
circumstances which would lead a
reasonably discreet and prudent man to
believe that an offense has been
committed by the person sought to be
arrested.‖ (Allado v. Diokno, G.R. No.
113680, May 5, 1994)
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 CRIMINAL PROCEDURE
Lecture by Atty. Francesca Lourdes M. Señga
A.Y. 2019-2020
Q: When is preliminary investigation conducted?
● General Rule: Preliminary Investigation
is required to be conducted before the
filing of a Complaint or Information for
an offense where the penalty prescribed
by law is at least 4 years, 2 months, and
1 day without regard to the fine.
Exception: There is no right of
preliminary investigation under Rule 112,
Section 6 when a person is lawfully arrested
without a warrant except in cases provided
under the same section.
Instances when a preliminary
investigation may be asked by the accused:
1. If a person is arrested, he can ask for a
preliminary investigation before the
filing of the Complaint/Information but
he must sign a waiver in accordance
with Art. 125 of the RPC.
2. After the filing of the
Information/complain, the accused
may, within 5 days from the time he
learns of its filing ask for preliminary
investigation.
Q: When do you file a complaint before the
prosecutor and the offense is less than 4 years,
2 month, and 1 day?
● When the offense happened in Manila
and other chartered cities, the
Complaint shall be filed with the office of
the Prosecutor unless otherwise
provided in their charters.
Q: Who conducts preliminary investigation?
 Rule 112, Sec. 2
Section 2. Officers authorized to conduct
preliminary investigations. —
The following may conduct preliminary
investigations:
a. Provincial or City Prosecutors and
their assistants;
b. National and Regional State
Prosecutors; and
c. Other officers as may be authorized
by law.
Their authority to conduct preliminary
investigations shall include all crimes
cognizable by the proper court in their
respective territorial jurisdictions. (2a)
Q: Who are these ―others‖ authorized to conduct
preliminary investigation?
● Those ―other officers authorized by law‖
are the following:
1. PCGG - in cases of ill-gotten wealth,
graft and corruption cases of Marcos
family, relatives, friends and cronies,
and other cases as ma be assigned by
the President.
2. Ombudsman - in crimes/offenses
committed by officers or employees,
whether or not the same is committed in
relation to his office.
Notes:
● If the preliminary investigation
shall be conducted for a crime
cognizable in Sandiganbayan,
the Ombudsman has primary
jurisdiction.
● If the preliminary investigation is
conducted for a crime
cognizable in any court other
than the Sandiganbayan, the
Ombudsman only has
concurrent jurisdiction.
● If the preliminary investigation is
finished and the case is filed in
court, the Ombudsman now has
exclusive jurisdiction to
prosecute the case.
3. COMELEC - in violation of the Omnibus
Election Code.
16
 CRIMINAL PROCEDURE
Lecture by Atty. Francesca Lourdes M. Señga
A.Y. 2019-2020
Q: The jurisdiction of the COMELEC to conduct
preliminary investigation on election offenses, is
this an exclusive original jurisdiction? Why?
● No. The COMELEC and other
prosecuting arms of the government,
such as the DOJ, now exercise
concurrent jurisdiction in the
investigation and prosecution of election
offenses.
Q: You are super angry at the person who run
for mayor in your municipality, and you filed a
case for vote buying against that mayor with the
COMELEC, PI, you filed a complaint, then you
filed exactly the same complaint in the DOJ
before the prosecutor‘s office, can both of them
at the same time rule on your case?
● No. Since the complaint was first filed in
the COMELEC, the prosecutor must
desist from ruling on the case.
Q: The Truth Commission, does it conduct
preliminary investigation?
● No. The Philippine Truth Commission is
a mere ad hoc body formed under the
Office of the President with the primary
task to investigate reports of graft and
corruption committed by third-level
public officers and employees, their co-
principals, accomplices and accessories
during the previous administration
(Arroyo Administration). It is violative of
the equal protection clause.
Q: What about the PCGG, isn‘t it also violative of
the equal protection clause, because it inquire
on the graft and corruption in the Marcos
regime. So isn‘t the same as the Truth
Commission, where it inquires on the Arroyo
regime?
● No. It may also conduct preliminary
investigation involving cases of ill-gotten
wealth when directed so by the
President. It is not only limited to those
acts that were committed during the
Marcos administration.
Q: What function is involved in the conduct
preliminary investigation? (What is the nature of
PI?)
● It is an executive function.
Q: Do you need to prove guilt beyond
reasonable doubt in preliminary investigation?
● No. Preliminary investigation is not
conducted to know whether the person
is guilty or not, it is 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.
Q: Is the conduct of preliminary investigation a
constitutional right?
● No. It is a personal statutory right and
may be waived expressly or by
implication. It is not merely procedural
but a substantive right included in the
due process of law.
Q: Can you compel the prosecutor to dismiss a
complaint affidavit filed for preliminary
investigation?
● No. it is a ministerial duty.
Q: Can you compel the prosecutor to issue a
resolution finding probable cause?
● No. It is discretionary.
Q: What is the remedy if the prosecutor refuse to
act on your complaint?
● The court can compel the prosecutor by
Mandamus to conduct preliminary
investigation.
PEOPLE vs. VILLANUEVA - In this case,
appellant failed to invoke such right to
preliminary investigation before or at the time he
entered his plea at arraignment. He can no
longer invoke that right at that stage of the
proceedings.
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 CRIMINAL PROCEDURE
Lecture by Atty. Francesca Lourdes M. Señga
A.Y. 2019-2020
But absence of a preliminary investigation
DOES NOT:
1. Impair the validity of the information or
otherwise render the same defective;
2. Neither does it affect the jurisdiction of
the court over the case
3. Nor does it constitute a ground for
quashing the information.
If no preliminary investigation has been held, or
if it is flawed, the trial court may, on motion of
the accused, order an investigation or
reinvestigation and hold the proceedings on the
criminal case in abeyance.
Q: Does the conduct of preliminary investigation
by the Ombudsman pertain only to offenses
committed by public officers in relation to the
performance of their functions?
● No. *Reason already mentioned in the
authority of the Ombudsman*
Q: So even if it is not in relation to their
functions, it can be the subject of their
preliminary investigation?
● Yes, as long as public officers are
involved.
BUSUEGO v. OFFICE OF THE OMBUDSMAN
- In this case, Busuego was the Chief of Hospital
in Davao Region Hospital and a case of
concubinage, VAWC and grave threats was filed
by his wife against him. The Ombudsman‘s
jurisdiction to conduct preliminary investigation
of crimes involving public officers, without regard
to its commission in relation to office.
Q: What do you swear to when you file a
complaint affidavit?
● That all the allegations and statements
in the complaint are true and correct.
Q: You wanted to file a case against your sworn
enemy and you wanted to make sure you will
win the case, the address of your sworn enemy
is in no. 10, Mendiola St. then you purposely put
in the address, no. -10, Mendiola St. The
subpoena was sent to the indicated address, of
course, your enemy did not receive the
subpoena because you put an erroneous
address, thus he was not able to participate, is
his right to due process violated?
Section 3. (d). If the respondent cannot
be subpoenaed, or if subpoenaed, does
not submit counter-affidavits within the
ten (10) day period, the investigating
officer shall resolve the complaint based
on the evidence presented by the
complainant.
● No. Because pursuant to Rule 112, Sec.
3, (d), even if the subpoena cannot be
served, the preliminary investigation will
still continue.
Q: There is a complaint, your face is on it, there
was a drawing of you na may sungay, ―Si
Rochelle, demonyo!‖, can the prosecutor already
dismiss that complaint?
● Yes. Because there is no probable
cause.
Q: After the counter-affidavit is filed, what will
the prosecutor do?
Section 3.
(e). The investigating officer may set a hearing if
there are such facts and issues to be clarified from a
party or a witness. The parties can be present at the
hearing but without the right to examine or cross-
examine. They may, however, submit to the
investigating officer questions which may be asked to
the party or witness concerned. The hearing shall be
held within ten (10) days from submission of the
counter-affidavits and other documents or from the
expiration of the period for their submission. It shall
be terminated within five (5) days.
(f). Within ten (10) days after the investigation, the
investigating officer shall determine whether or not
there is sufficient ground to hold the respondent for
trial. (3a)
Q: When the prosecutor makes a determination
of whether or not there is probable cause, is that
going to be the resolution of the case?
18
 CRIMINAL PROCEDURE
Lecture by Atty. Francesca Lourdes M. Señga
A.Y. 2019-2020
Section 4. Resolution of investigating
prosecutor and its review. —
If the investigating prosecutor finds cause
to hold the respondent for trial, he shall
prepare the resolution and information. He
shall certify under oath in the
information that he, or as shown by the
record, an authorized officer, has
personally examined the complainant
and his witnesses; that there is
reasonable ground to believe that a
crime has been committed and that the
accused is probably guilty thereof; that
the accused was informed of the
complaint and of the evidence
submitted against him; and that he was
given an opportunity to submit
controverting evidence. Otherwise, he
shall recommend the dismissal of the
complaint.
Q: So what happens if the investigating
prosecutor makes a recommendation, what will
the investigating prosecutor do next?
 Sec. 4 (par. 2), Rule 112
Within five (5) days from his resolution, he shall
forward the record of the case to
the provincial or city prosecutor or chief state
prosecutor, or to the Ombudsman or his
deputy in cases of offenses cognizable by the
Sandiganbayan in the exercise of its
original jurisdiction. They shall act on the
resolution within ten (10) days from their
receipt thereof and shall immediately inform the
parties of such action.
Q: Then what will the city, provincial, chief state
prosecutor do?
 They can approve -
Q: Can they reverse?
 Yes.
Q: Can they qualify?
 Yes.
Q: And then, after being affirmed and probable
cause was found by the abovementioned
prosecutors, what will happen?
 An information or complaint will be filed.
Q: The rules provide that the no info or
complaint will be filed unless it is with the
authority of?
 Sec. 4 (par. 3) - No complaint or
information may be filed or dismissed by
an investigating prosecutor without the
prior written authority or approval of the
provincial or city prosecutor or chief
state prosecutor or the Ombudsman or
his deputy.
*This is required in relation to Rule 117 – motion
to quash
Q: If the investigating prosecutor is the only one
who signs the resolution and signs the
information. Is that a valid information?
 No.
Q: Because?
 Must be approved by the city or
provincial (Rule 112 Sec. 4 par. 3).
Cannot be the investigating prosecutor
alone otherwise susceptible to a
quashal (Rule 117)
Q: There was a complaint filed against you for
rebellion. In the complaint, there was a drawing
of your face with #rebel, then as a footnote there
is a picture of Rebel Wilson. So you weren‘t
worrying because there‘s no evidence here. You
were just so surprised that the prosecutor issued
a resolution finding probable cause against you.
What‘s your remedy against the prosecutor‘s
resolution finding probable cause?
 Motion to Review with the DOJ.
Q: That‘s your only remedy?
 No, I can file a petition for
reconsideration with the prosecutor.
Q: Do you agree that the remedies are a motion
for review with DOJ and a petition for
reconsideration with the prosecutor?
 No.
Q: Why, what are the remedies available to you?
 I may appeal to the DOJ.
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 CRIMINAL PROCEDURE
Lecture by Atty. Francesca Lourdes M. Señga
A.Y. 2019-2020
Q: By what mode? Motion for review?
 No.
Q: What do you file?
 Petition for review (Pet Rev)
Q: Before filing a petition for review, what else
can you file?
 Motion for reconsideration (MR).
Q: Is an MR a prerequisite before you can file a
petition for review?
 No.
Q: How many days do you have to file an MR
assailing the prosecutors resolution?
 Within in 10 days.
Q: how many days do you have to file a pet rev?
 Within 15 days.
2000 NPS RULES ON APPEAL – DOJ Circular
No. 70
Q: Pet rev should be verified?
 Yes.
Q: What should be alleged in the pet rev?
 ANS: Sec. 5, DOJ Circular No. 70
SECTION 5. Contents of Petition. — The petition
shall contain or state: (a) the names and
addresses of the parties; (b) the Investigation
Slip number (I.S. No.) and criminal case number,
if any, and title of the case, including the offense
charged in the complaint; (c) the venue of the
preliminary investigation; (d) the specific material
dates showing that it was filed in time; (e) a clear
and concise statement of the facts, the
assignment of errors, and the reasons or
arguments relied upon for the allowance of the
appeal; and (f) proof of service of a copy of the
petition to the adverse party and the Prosecution
Office concerned.
The petition shall be accompanied by legible
duplicate original or certified true copy of the
resolution appealed from together with legible
true copies of the complaint, affidavits/sworn
statements and other evidence submitted by the
parties during the preliminary
investigation/reinvestigation.
If an information has been filed in court pursuant
to the appealed resolution, a
copy of the motion to defer proceedings �led in
court must also accompany the
petition
Q: Do you need to attach the records in the
prosecutor level?
 You need to attach. Failure to attach
could be a ground to dismiss your
petition.
Q: Is it indispensable for you to file a MR first
before Pet Rev?
 No.
Q: If the pet rev is denied what is your remedy?
 ANS: Petition for Certiorari (Pet Cert)
Rule 65
RULE 65
Q: What are the requirements before filing
certiorari?
ANS: Sec. 1 Rule 65.
SECTION 1. Petition for certiorari. — When any
tribunal, board or officer exercising judicial or
quasi-judicial functions has acted without or in
excess its or his jurisdiction, or with grave abuse
of discretion amounting to lack or excess of
jurisdiction, and there is no appeal, or any plain,
speedy, and adequate remedy in the ordinary
course of law, a person aggrieved thereby may
file a verified petition in the proper court, alleging
the facts with certainty and praying that judgment
be rendered annulling or modifying the
proceedings of such tribunal, board or officer,
and granting such incidental reliefs as law and
justice may require.
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 CRIMINAL PROCEDURE
Lecture by Atty. Francesca Lourdes M. Señga
A.Y. 2019-2020
The petition shall be accompanied by a certified
true copy of the judgment, order or resolution
subject thereof, copies of all pleadings and
documents relevant and pertinent thereto, and a
sworn certification of non-forum shopping as
provided in the third paragraph of section 3,
Rule 46. (1a)
Q: From the issuance of the resolution of the
DOJ secretary, you have no more appeal. Is
there another plain, speedy, adequate remedy?
Pet cert immediately to the CA?
 No. You can file a pet of review with the
president*
*Wrong - President only for exceptional cases.
*There is another remedy in the 2000 NPS rules
on appeal.
Sec. 13 - An MR is a plain speedy, adequate
remedy!! You cannot file certiorari just because
there is grave abuse – exhaust all other
remedies first. Your remedy is an MR first after
DOJ Secretary.
Section 13. - Motion for Reconsideration - The
aggrieved party may file a motion for
reconsideration within a non-extendible period of
ten (10) days from receipt of the resolution on
appeal, furnishing the adverse party and the
Prosecution Of�ce concerned with copies
thereof and submitting proof of such service. No
second or further motion for reconsideration
shall be entertained.
Q: File certiorari under what rule? With what
court?
 Rule 65.
Q: Is Rule 65, an appeal or original action?
 Original action.
Ombudsman
Q: Can the ombudsman conduct investigation
for Criminal or admin cases?
 Yes.
Q: If Crim investigation – how many days to file
an MR from decision of ombudsman?
 5 days.
Q: From the denial of MR, is there a mode of
appeal under the rules of ombudsman?
 None.
nd
Q: Does it provide for a 2 MR?
 None.
Q: If there is no appeal or other plain, speedy,
adequate remedy and assuming there is grave
abuse – what is your remedy to assail the
ombudsman‘s resolution denying your MR?
Where do you file?
 Pet cert, Rule 65. In the SC
Q: Is it possible that there is a pending case for
PI by pet rev with DOJ Sec. and while it was
pending, an information was filed in court? Is
that possible?
 Its possible.
Q: If the DOJ sec reverses the prosecutor, and
the info was already filed? Are the courts bound
to follow what the prosecutor or DOJ secretary
says to dismiss the case?
 The court will continue to have
jurisdiction.
Q: What is the effect of filing of the prosecution
that there is no probable cause after the info has
been filed in court?
 Will not affect the court. The court has
already acquired jurisdiction.
Q: Who exercises discretion once the case is
filed in court?
 The court/judge
Q: Once the info is filed in court, what will the
court do?
 Find probable cause - if there is, issue a
warrant of arrest.
In the case of Soliven v. Makasiar– differentiate
probable cause of PI from probable cause of
warrant of arrest
 PI – executive function
 Warrant of arrest – judicial
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 CRIMINAL PROCEDURE
Lecture by Atty. Francesca Lourdes M. Señga
A.Y. 2019-2020
RULE 113
ARREST
Q: How do you make an arrest?
ANS: Sec. 2, Rule 113.
SECTION 2. Arrest; How Made. — An arrest is
made by an actual restraint of a person to be
arrested, or by his submission to the custody of
the person making the arrest.
No violence or unnecessary force shall be used
in making an arrest. The person arrested shall
not be subject to a greater restraint than is
necessary for his detention.
Q: The judge asked his pet dog WON he should
issue a warrant of arrest. His dog, meowed. He
issued a warrant of arrest based on the meow.
Is the warrant valid?
 No. The judge should personally
determine. Sec. 2, Art. 3 1987
Constitution.
Q: For there to be a personal determination,
must the judge interview the witnesses one by
one?
 No. But the judge must not rely on the
evidence presented by the prosecution.
Q: If there is no probable cause what can the
judge do?
 Dismiss or order the prosecutor to
provide more evidence.
Q: What‘s the period of validity of a warrant of
arrest?
 It has no expiration. Unless the warrant
it is served or quashed.
Q: What is the 10 day period for with regard to a
warrant of arrest?
ANS: Sec. 4, Rule 113. It is for the entrusted
officer to report to the court why he has not
made an arrest yet.
SECTION 4. Execution of warrant -
The head of the office to whom the warrant of
arrest has been delivered for execution shall
cause the warrant to be executed within ten (10)
days from receipt thereof. Within ten (10) days
after the expiration of such period, the officer to
whom it was assigned for execution, shall make
a report to the judge who issued the warrant and,
in case of his failure to execute the same, shall
state the reasons therefor.
Q: If you apply for a warrant of arrest in Q.C.
Can it only be served in Q.C?
 No.
Q: Are all warrantless arrest invalid?
 No. There can be valid warrantless
arrest. Provided it falls under Sec. 5
Rule 113.
Q: Is it correct to say that you are not allowed to
exert force when serving a warrant of arrest?
 No. Sec. 2 (par. 2), Rule 113.
Q: What kind of force can you execute while
making an arrest?
 Force must be reasonable.
Q:The one you see in the news. The families are
there with the police making the arrest and there
are making batok and binubugbog while the
person is already handcuffed. Is that valid?
 No. It‘s not valid because Sec. 2, Rule
113.
Q: A warrantless arrest may be done by who?
 Any person. Police or private person.
Sec. 5, Rule 113.
Q: When you make an arrest, what is the
obligation of the arresting officer?
 Sec. 3, Rule 113.
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 CRIMINAL PROCEDURE
Lecture by Atty. Francesca Lourdes M. Señga
A.Y. 2019-2020
SECTION 3. Duty of arresting officer –
It shall be the duty of the officer
executing the warrant without
unnecessary delay to arrest the accused
and to deliver him to the nearest police
station or jail.
Q: The person you are trying to accost, while
you were running after the person, should you
make that announcement. Is that required?
 It may be dispensed with if the person
being arrested flees or does not give an
opportunity to the officer.
Q: While you are making an arrest, the person
you are arresting has a lot of rubber bands and
he was hitting you with it, it‘s hurting you. Can
you ask the neighborhood to help you?
 Yes. Sec. 10, Rule 113.
Q: He is now shooting you with armalite. Can
you require the neighborhood for help?
 No, Sec. 10 (last sentence), Rule 113.
SECTION. 10. Officer may summon
assistance. An officer making a lawful
arrest may orally summon as many
persons as he deems necessary to aid him
in making the arrest. Every person so
summoned by an officer shall aid him in
the making of such arrest, when he can
render such aid without detriment to
himself.
Q: You are arresting a person at McDonald‘s
and then you were trying to arrest that person. It
turns out the person was in conspiracy with the
staff of McDo. Can you break the door to make
the arrest?
 Yes, Sec. 11, Rule 113.
SECTION 11. Right of officer to break into
building or enclosure. An officer in order to
make an arrest either by virtue of a
warrant, or when authorized to make such
arrest for an offense without a warrant, as
provided in Section 5, may break into any
building or enclosure in which the person
Q: Youarrested
to be found theis orperson in the believed
is reasonably bathroom,
the conspirators locked you in the bathroom.
to be, if he is refused admittance thereto,
Can you break out?
after he has announced his authority and
ANS: Yes, Sec. 12, Rule 113.
purpose.
SECTION 12. Right to Break Out from Building
or Enclosure. — Whenever an
SECTION 12. Right to Break Out from
officer has entered the building or enclosure in
Building or Enclosure. — Whenever an
accordance with the preceding section,
officer has entered the building or enclosure in
he may break out therefrom when necessary to
accordance with the preceding section,
liberate himself. (12a)
he may break out therefrom when necessary
Q: What time should an arrest be made?
 Sec. 6, Rule 113.
SECTION 6. Time of Making Arrest.
— An arrest may be made on any day
and at any time of the day or night
Q: While a person is detained after having been
arrested. Can the gf, friend of the gf, etc., visit?
Who can visit the detainee?
 Sec. 14, Rule 113.
SECTION 14. Right of Attorney or Relative to
Visit Person Arrested. — Any
member of the Philippine Bar shall, at the
request of the person arrested or of another
acting in his behalf, have the right to visit and
confer privately with such person in the
jail or any other place of custody at any hour of
the day or night. Subject to reasonable
regulations, a relative of the person arrested
can also exercise the same right.
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 CRIMINAL PROCEDURE
Lecture by Atty. Francesca Lourdes M. Señga
A.Y. 2019-2020
Q: What are the grounds for a valid warrantless
arrest?
 Sec. 5, Rule 113.
SECTION 5. Arrest Without Warrant; When
Lawful. — A peace officer or a
private person may, without a warrant,
arrest a person:
(a) When, in his presence, the person to be
arrested has committed, is actually
committing, or is attempting to commit an
offense;
(b) When an offense has just been
committed and he has probable cause to
believe based on personal knowledge of
facts or circumstances that the person to be
arrested has committed it; and
(c) 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 con�ned
while his case is pending, or has escaped
while being transferred from one
confinement to another. IDIn cases falling
under paragraphs (a) and (b) above, the
person arrested without a warrant shall be
forthwith delivered to the nearest police
station or jail and shall be proceeded
against in accordance with section 7 of Rule
112.
Q: If you are legally arrested without a warrant –
can you assail the legality of your arrest? When
should you assail it?
 Yes. Before arraignment.
Q: In the earlier example (with the dog). The
invalid warrant was used against you. Is there
jurisdiction over your person if an invalid
warrantless is used against you?
 None yet.
Q: What is your remedy? What to file to assail?
 Motion to quash the warrant of
arrest/information filed before
arraignment or else deemed waiver
(Rule 117).
Q: You did not assail validity of your arrest until
there was judgment. On appeal, like in the case
of People v. De Guia, that is the only time you
assail the validity of your arrest. Will the invalid
warrantless arrest exculpate you from the
crime?
 No. It should be questioned before
arraignment. Accused already
participated in the trial. Already deemed
waived.
People v. De Guia - Appellant‘s alleged
warrantless arrest will not exculpate him from his
guilt as found by the trial court. To be sure, the
plea comes too late in the day. We note that
upon arraignment, appellant pleaded not guilty
to the Information and did not raise the alleged
illegality of his arrest. By so pleading, he waived
the alleged illegality of his arrest. In People v.
Briones, we ruled that the illegality of appellant‘s
warrantless arrest cannot render all the other
proceedings, including the appellant‘s
conviction, void. It cannot deprive the State of its
right to convict the guilty when all the facts on
record point to his culpability.
Q: In the case of People v. Racho. When should
a warrantless search take place?
 Only after a legal warrantless arrest.
People v. Racho - The RTC concluded that
appellant was caught in flagrante delicto,
declaring that he was caught in the act of
actually committing a crime or attempting to
commit a crime in the presence of the
apprehending officers as he arrived in Baler,
Aurora bringing with him a sachet of shabu.
Consequently, the warrantless search was
considered valid as it was deemed an incident to
the lawful arrest. Recent jurisprudence holds
that in searches incident to a lawful arrest, the
arrest must precede the search; generally, the
process cannot be reversed. Nevertheless, a
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 CRIMINAL PROCEDURE
Lecture by Atty. Francesca Lourdes M. Señga
A.Y. 2019-2020
search substantially contemporaneous with an
arrest can precede the arrest if the police have
probable cause to make the arrest at the outset
of the search. What prompted the police to
apprehend appellant, even without a warrant,
was the tip given by the informant that appellant
would arrive in Baler, Aurora carrying shabu.
This circumstance gives rise to another
question: whether that information, by itself, is
sufficient probable cause to effect a valid
warrantless arrest. The long standing rule in this
jurisdiction is that ―reliable information‖ alone is
not sufficient to justify a warrantless arrest.
Obviously, this is an instance of seizure of the
―fruit of the poisonous tree‖ hence, the
confiscated item is inadmissible in evidence
consonant with Article III, Section 3(2) of the
1987 Constitution, ―any evidence obtained in
violation of this or the preceding section
shall be inadmissible for any purpose in any
proceeding‖
Q: You were standing outside Mendiola,
scratching your nose. And then afterwards you
looked at the police, you looked at each other at
the same time. Police thought you were
suspicious. And he frisked you. He found shabu
in your possession. Can the sachet of shabu be
used against?
 No. Unlawful arrest. Stop and frisk,
police officer must have based
knowledge, position, and experience,
that the person he is about to arrest is
acting suspicious. Looking at police is
not suspicious.
Q: How come the warrantless search (stop and
frisk) is not valid?
 Because it must precede a valid
warrantless arrest. In this case there
was none.
Q: Only the courts can issue a warrant of arrest?
In re: Harvey v. Santigago?
 Commissioner of Bureau of Immigration
can issue a warrant of arrest against
undesirable aliens.
In Re: Harvey v. Santiago - The deportation
charges instituted by respondent Commissioner
are in accordance with Section 37(a) of the
Philippine Immigration Act of 1940, in relation to
Section 69 of the Revised Administrative Code.
The requirement of probable cause, which is to
be determined by a Judge, does not extend to
deportation proceedings.
Section 37(a) provides in part:
―(a) The following aliens shall be arrested upon
the warrant of the Commissioner of Immigration
and Deportation or any other officer designated
by him for the purpose and deported upon the
warrant of the Commissioner of Immigration and
Deportation after a determination by the Board
of Commissioners of the existence of the ground
for deportation as charged against the alien;‖
Q: In flagrante delicto – Homar v. People. 2
requisites:
 (1) Overt act by the person to be
arrested that he is about to commit, is
committing, or has committed a crime
(2) Committed within the presence or
view of the arresting officer
Q: Police did not see, just heard that someone
was being stabbed to death. And he made a
warrantless arrest. Can he make an arrest even
if he did not see?
 Yes. Overt act rule.
Q: You are standing 20 meters and there‘s a
fence. You cannot really see what is happening.
Can you make a valid warrantless arrest?
 No. It is too far. No personal knowledge
or within the view of the arresting
person.
Q: Someone went to the police station and said
her child was raped by some person. Police
went to the house of the alleged person to arrest
him. Valid?
 No. Not within personal knowledge.
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 CRIMINAL PROCEDURE
Lecture by Atty. Francesca Lourdes M. Señga
A.Y. 2019-2020
Q: Same situation but the person claims that the
crime of rape just happened to their daughter.
Can he arrest?
 Still no because not within personal
knowledge of arresting officer. Not in
flagrante delicto.
Q: Hearsay, is it valid for a warrantless arrest?
 No. Knowledge and facts of the crime
committed must come from the personal
knowledge of the arresting officer
himself.
Q: Someone went to police saying their house
was being robbed. Police went and saw the
robbers bringing out stuff and that the house
was ransacked. Can he make an arrest?
 Yes. Even if they did not see the crime
happen because it is within the personal
knowledge that the facts and
circumstances of the crime are present
and give probable cause to arrest the
alleged perpetrators. Second ground of
warrantless arrest (Sec. 5(b), Rule 113).
Q: If in earlier example of rape, if arresting
officer went to the house of the accused and
saw the underwear of the victim, and other
evidence pointing to the crime of rape. Valid
arrest?
 Yes, personal knowledge of facts and
circumstances of probable cause. (Sec.
5(b), Rule 113).
Section 5(b) - When an offense has just been
committed and he has probable cause to
believe based on personal knowledge of
facts or circumstances that the person to be
arrested has committed it.
Q: What if you saw someone outside Mendiola
on the ground, who was stabbed. He said he
was stabbed by a person wearing white. You
saw a man with blood on his shirt and holding a
bolo nearby. Can you arrest that person?
 Yes. There is probable cause to believe
that the person committed the crime. It
is within your personal knowledge.
Q: In continuing crime, can you make an arrest
without warrant? In re: Umil v. Ramos case?
 Yes. With all these facts and
circumstances existing before, during
and after the arrest of the afore-named
persons (Dural, Buenaobra, Roque,
Anonuevo, Casiple and Ocaya), no
prudent man can say that it would have
been better for the military agents not to
have acted at all and made any arrest.
That would have been an unpardonable
neglect of official duty and a cause for
disciplinary action against the peace
officers involved. The grounds upon
which the arresting officers based their
arrests without warrant, are supported
by probable cause, i.e. that the persons
arrested were probably guilty of the
commission of certain offenses, in
compliance with Section 5, Rule 113 of
the Rules of Court.
Q: When you make an arrest must you show the
arrest warrant?
 General Rule: Yes. Sec. 7, Rule 113.
Q: If you don‘t show the warrant, will it be
equivalent to a warrantless arrest?
 No. Sec. 7, Rule 113.
Q: So even if you don‘t have it in your
possession, you can just show it after the arrest
when you bring him to the police station?
 Yes. Sec. 7, Rule 113.
26
 CRIMINAL PROCEDURE
Lecture by Atty. Francesca Lourdes M. Señga
A.Y. 2019-2020

Soon after, the police officers found them with

SECTION 7. Method of Arrest by Officer by
the illegal drugs plainly exposed to the view of
Virtue of Warrant. — When making
the officers. When they requested appellants to
an arrest by virtue of a warrant, the officer
show proper documentation as to their identity
shall inform the person to be arrested of the
as well as their purpose for being there,
cause of the arrest and the fact that a
appellants refused to show them anything much
warrant has been issued for his arrest,
less respond to any of their questions. In fact,
except
when the officers were transporting appellants
when he flees or forcibly resists before the
and the illegal drugs to the shore, the appellant
officer has opportunity to so inform him, or
Chi Chan Liu even repeatedly offered the
when the giving of such information will
arresting officers ―big, big amount of money.‖
imperil the arrest. The o�cer need not have
Hence, the circumstances prior to and
the warrant in his possession at the time of
surrounding the arrest of appellants clearly show
the arrest but after the arrest, if the person
that they were arrested when they were actually
arrested so requires, the warrant shall be
committing a crime within the view of the
shown to him as soon as practicable.
arresting officers, who had reasonable ground to
believe that a crime was being committed.

Q: In Posadas v. Ombudsman, was there a valid

warrantless arrest?
 No.
Posadas v. Ombudsman - The NBI agents in
the case at bar tried to arrest Narag and
Taparan four days after the commission of the
crime. They had no personal knowledge of any
fact, which might indicate that the two students
were probably guilty of the crime. What they had
were the supposed positive identification of two
alleged eyewitnesses, which is insufficient to
justify the arrest without a warrant by the NBI.
Q: In the case of People v. Chi Chan Lui, was
there a valid warrantless arrest?
 Yes.
Q: if you are arrested without warrant, what is
the obligation of the arresting officers?
 Sec. 8, Rule 113.
SECTION 8. Method of Arrest by Officer
Without Warrant . — When making an
arrest without a warrant, the o�cer 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 pursued immediately after its
commission, has escaped, flees, or forcibly
resists before the officer has opportunity to so
inform him, or when the giving of such
information will imperil the arrest.

People v. Chi Chan Lui - In this case,

appellants were actually committing a crime and
were caught by the apprehending officers in
flagrante delicto. As previously stated, the
records reveal that on the date of their arrest,
the apprehending officers, while acting upon a
report from the Barangay Captain, spotted
appellants transferring cargo from one boat to
another. However, one of the boats hastily sped
away when they drew closer to the appellants,
naturally arousing the suspicion of the officers.
Q: Where should they bring you?
 To the nearest police station.
Q: For what purpose?
 To inform why you are arrested and to
detain you. It will be subject for inquest.
INQUEST PROCEDURE – DOJ CIRCULAR
No. 61 (1993)

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 CRIMINAL PROCEDURE
Lecture by Atty. Francesca Lourdes M. Señga
A.Y. 2019-2020
Q: There are diff periods wherein inquest
proceedings must terminate otherwise you have
to be let go. What are the hours?
 12 hours for light penalties. 18 hrs for
correctional penalties or their equivalent.
36 hrs for afflictive or capital pentalties
or their equivalent. (Art. 125 RPC)
Q: If the period lapses, and you are not released
yet or no finding of probable cause against you
or no decision to file a case against you. What‘s
your remedy? What will you file to be released?
 Habeas Corpus under Art. 125 of the
RPC
Q: Can you file a crim case or admin case
against the erring public officials?
 Yes.
Q: What is the first thing during inquest that the
inquest officers should determine?
 Sec. 8, DOj. Circular No. 61 1993
SEC. 8.Initial duty of the inquest officer .—The
Inquest Officer must first deter-mine if the arrest
of the detained person was made in accordance
with the provisions of paragraphs (a) and (b) of
Section 5, Rule 113 of the 1985 Rules on
Criminal Procedure, as amended, which provide
that arrests without a warrant may be effected:
(a) When, in the presence of the arresting
officer, the person to be arrested has committed,
is actually committing, or is attempting to commit
an offense; or
(b) When an offense has in fact just been
committed, and the arresting officer has
personal knowledge of facts indicating that the
person to be arrested has committed it. For this
purpose, the Inquest Officer may summarily
examine the arresting officers on the
circumstances surrounding the arrest or
apprehension of the detained per-son.
Q: If warrantless arrest is invalid?
 Sec. 9, DOJ Circular No. 61 1993
Q: If person is released, does that prevent them
from filing an info or warrant against the same
person later?
 No. Sec. 9 (par. 2), DOJ Circular No. 61
1993
SEC. 9. Where arrest not properly effected.—
Should the Inquest Officer find that the arrest
was not made in accordance with the Rules,
he shall:
a. recommend the release of the person
arrested or detained;
b. note down the disposition of the referral
document;
c. prepare a brief memorandum indicating
the reasons for the action taken; and
d. forward the same, together with the record
of the case, to the City or Provincial
Prosecutor for appropriate action.
Where the recommendation for the release of
the detained person is approved by the City or
Provincial Prosecutor but the evidence on hand
warrant the conduct of a regular preliminary
investigation, the order of release shall be
served on the officer having custody of said
detainee and shall direct the said officer to serve
upon the detainee the subpoena or notice of
preliminary investigation, together with the
copies of the charge sheet or complaint,
affidavits or sworn statements of the
complainant and his witnesses and other
supporting evidence.
Q: Is inquest the same as PI? How are they
different?
 PI - determination is probable cause that
a person committed a crime
Inquest – determination of validity of warrantless
arrest
Q: What do they do during inquest?
 Sec. 1 & Sec. 11, DOJ Circular No. 61
1993
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 CRIMINAL PROCEDURE
Lecture by Atty. Francesca Lourdes M. Señga
A.Y. 2019-2020
SECTION 1.Concept .—Inquest is an informal
and summary investigation con-ducted 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 deter-mining whether or not
said persons should remain under custody and
correspondingly be charged in court.
SECTION. 11. Inquest proper — Where the
detained person does not opt for a preliminary
investigation or otherwise refuses to execute the
required waiver, the Inquest Officer shall
proceed with the inquest by examining the
sworn statements/affidavits of the complainant
and the witnesses and other supporting
evidence submitted to him. If necessary, the
Inquest Officer may require the presence of the
complainant and witnesses and subject them to
an informal and summary investigation or
examination for purposes of determining the
existence of probable cause.
Q: Can you ask for PI instead of inquest? What
should be done?
 Ask for PI before filing of complaint or
information. Then sign waiver for the
limitations of the period of inquest
proceedings, waive right to complain
that the period has lapsed
Q: If inquest finds that arrest is valid, what
happens?
 Sec. 10 DOJ Circular No. 61 1993
SECTION. 10. Where the arrest property
effected — Should the Inquest Officer find that
the arrest was properly effected, the detained
person should be asked if he desires to avail
himself of a preliminary investigation, if he does,
he shall be made to execute a waiver of the
provisions of Article 125 of the Revised Penal
Code, as amended, with the assistance of a
lawyer and, in case of non-availability of a
lawyer, a responsible person of his choice. The
preliminary investigation may be conducted by
the Inquest Officer himself or by any other
Assistant Prosecutor to whom the case may be
assigned by the City or Provincial Prosecutor,
which investigation shall be terminated within
fifteen(15) days from its inception.
Q: How does he determine? What documents
does he need?
 The records.
Q: Inquest officer makes a recommend, is that
the decision already?
 No.
Q: Will the information already be filed?
 The same rules shall apply as stated in
Rule 112.
Q: No need for approval of chief state, city, or
provincial prosecutor or ombudsman?
 Need. The inquest officer will forward
the recommendation to the prosecutors
then acted upon within 5 days. If the
prosecutors will authorize the
recommendation of the prosecutor, it
shall be filed in the court. Sec. 13 DOJ
Circular No. 61 1993
Q: What will be filed?
 The information of complaint.
SECTION. 13 Presence of probable cause —
If the Inquest Officer finds that probable cause
exists, he shall forthwith prepare the
corresponding complaint/information with the
recommendation that the same be filed in court.
The complaint/information shall indicate the
offense committed and the amount of bail
recommended, if bailable. Thereafter, the record
of the case, together with the prepared com-
plaint/information, shall be forwarded to the City
or Provincial Prosecutor for appropriate action.
The complaint/information may be filed by the
Inquest Officer himself or by any other Assistant
Prosecutor to whom the case may be assigned
by the City or Provincial Prosecutor.
Q: What are the documents that the inquest
officers should gather and review?
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 CRIMINAL PROCEDURE
Lecture by Atty. Francesca Lourdes M. Señga
A.Y. 2019-2020

 Affidavit of arrest, the investigation WARRANTLESS ARREST

report, statement of complainant and
rd
witnesses, such other documents and Q: What is the 3 ground for a valid warrantless
evidence that the arresting officers may arrest?
have acquired pursuant to the arrest.  Sec. 5(c) Rule 113
Sec. 3, DOJ Circular No. 61 1993.
Section 5(c) - When the person to be arrested is
SECTION. 3.Commencement and a prisoner who has escaped from a penal
Termination of Inquest — The inquest establishment or place where he is serving final
proceedings shall be considered commenced judgment or is temporarily con�ned while his
upon receipt by the Inquest Officer from the law case is pending, or has escaped while being
enforcement authorities of the complaint/referral transferred from one confinement to another.
documents which should include:
Q: A person was arrested. He escaped with help
a. The affidavit of arrest; of friends. Do you need a warrant of arrest
b. The investigation report; toarrest the person again?
c. The statement of the complainant and  No. Sec. 13 Rule 113.
witnesses; and
d. Other supporting evidence gathered by the Q: Can he be arrested again by private
police in the course of the latter‘s investigation of individuals?
the criminal incident involving the arrested or  Yes. Sec. 13 states ‗any person‘
detained person. The inquest Officer shall, as far
as practicable, cause the affidavit of arrest and
statements/affidavits of the complainant and the
witnesses to be subscribed and sworn to before
him by the arresting officer and the affiants. The
inquest proceedings must be terminated within
the period prescribed under the provisions of
Article 125 of the Revised Penal Code, as
amended.

Q: In case of an inquest, and an info is later on

filed. Can you ask for a PI? Within what period?
 Yes. After 5 days from the time the
person learns of the filling. Not from the
date of filling but from knowledge of
filling.

Q: So what are the differences between PI and

Inquest
 PI – determine probable cause for trial
 Inquest – informal summary proceeding.
Conducted to determine whether there
is a valid warrantless arrest. Whether to
detain a person.

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