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IMPOSSIBRU
NOTES
II
Crim
Pro
Memory
Aid
By:
James
Francis
Villanueva
Ugh…
life.
Atty.
Salvador
Francis
Xavier
Razon
RULE
110
–
PROSECUTION
OF
OFFENSES
Sec4
–
Information
defined
Sec1
–
Institution
of
criminal
actions
Information
–
accusation
in
writing
charging
a
person
with
an
offense
è
Subscribed
by
the:
1) Offenses
where
a
preliminary
investigation
is
required
(Sec1Rule112)
o Filing
the
complaint
to
the
proper
officer
è
purpose
of
conducting
the
1) Prosecutor
requisite
preliminary
investigation
2) Filed
with
the
court
2) All
other
offenses
o MTC
and
MCTC
or
office
of
the
prosecutor
Sec5
–
Who
must
prosecute
criminal
actions
o In
manila
and
other
chartered
cities
è
office
of
the
prosecutor
(unless
otherwise
provided)
-‐ All
criminal
actions
commenced
by
a
complaint
or
information
–
prosecuted
under
the
direction
and
control
of
the
prosecutor
è
Institution
of
the
criminal
action
–
interrupt
the
running
of
the
period
of
prescription
-‐ In
case
of
heavy
work
schedule
or
lack
of
public
prosecutors
(unless
otherwise
provided
by
special
laws)
o Private
prosecutors
–
authorized
in
writing
by
the
Chief
of
Prosecution
Office.
or
the
Regional
State
Prosecution
Subject
to
the
approval
of
the
IMPOSSIVIEW:
Court
Institution
of
criminal
actions
è
Continue
up
to
the
end
of
the
trial
even
in
the
absence
of
a
public
prosecutor
(unless
revoked/withdrawn)
1. If
the
crime
is
committed
in
a
chartered
city
(no
need
to
distinguish)
-‐ Crimes
of
Adultery
and
Concubinage,
may
be
filed
by
the:
a. Office
of
the
prosecutor
1) Offended
spouse
è
cannot
institute
criminal
prosecution
without
including
the
2. If
the
crime
is
committed
outside
a
chartered
city
(need
to
distinguish)
guilty
parties
if:
a. If
Preliminary
investigation
if
required
o Both
are
alive
i. Office
of
the
prosecutor
o Has
not
consented
b. If
preliminary
investigation
is
not
required
o Has
not
pardoned
the
offenders
i. MTC
-‐ Offenses
of
Seduction,
Abduction
and
Acts
of
Lasciviousness,
may
be
filed
by
the:
ii. Office
of
the
prosecutor
(no
prohibition)
(in
order)
1) Offended
party
è
Only
a
prosecutor
or
ombudsman
may
conduct
preliminary
investigations
2) Parents
3) Grandparents
Interruption
of
prescription
4) Guardian
5) State
(offended
party
dies/incapacitated
and
has
no
known
1. Ordinary
crimes
–
filing
before
the
office
of
the
prosecutor
parents/grandparents/guardian)
2. Special
laws
(Act3326)
–
filing
in
court
a. Exception(s):
BP22,
Anti-‐graft,
intellectual
property
(filing
for
PI)
è
supported
è
Minor
–
has
the
right
to
initiate
the
prosecution
of
such
offenses
independently
of
by
jurisprudence
her
parents/grandparents/guardian
(unless
incompetent/incapable)
Sec2
–
Complaint
or
Information
-‐ Crime
of
Defamation,
may
be
filed
by
the:
1) Offended
party
1) Shall
be
in
writing
2) In
the
name
of
the
“People
of
the
Philippines
vs.
the
accused”
IMPOSSIVIEW:
Public
Prosecutor
–
has
the
control
of
the
conduct
of
the
criminal
case
Sec3
–
Complaint
defined
DOJ
–
has
the
power
to
review
the
discretionary
powers
of
the
prosecutor
(Petition
for
review
15days
Complaint
–
sworn
written
statement
charging
a
person
with
an
offense
from
receipt
of
resolution
or
denial
of
MR)
è
Subscribed
by
the:
CA
–
may
review
the
decision
of
the
DOJ
(Rule
65
GADALEJ)
or
to
the
Office
of
the
President
(if
it
involves
penalties
of
death,
RP,
or
Life
imprisonment)
1) Offended
party
Duties
the
Prosecutor
2) Any
peace
officer
3) Other
public
officer
(charged
with
the
enforcement
of
the
law
violated)
è
(public
offense)
1. Conduct
Preliminary
Investigation
2. In
charge
or
in
control
over
the
prosecution
of
the
case
3. May
conduct
inquest
proceedings
1
IMPOSSIBRU
NOTES
II
Crim
Pro
Memory
Aid
By:
James
Francis
Villanueva
Ugh…
life.
Atty.
Salvador
Francis
Xavier
Razon
Private
prosecutor
–
cannot
proceed
with
the
trial
in
the
absence
of
the
public
prosecutor
è
reset
Sec10
–
Place
of
commission
of
the
offense
of
proceedings
Certification
from
the
chief
of
prosecution
office/regional
state
prosecutor/regional
prosecutor
è
1) Where
the
offense
was
committed
allow
the
private
prosecutor
to
proceed
even
in
the
absence
of
a
public
prosecutor
2) Where
some
of
its
essential
ingredients
occurred
Sec6
–
Sufficiency
of
complaint
or
information
(MEMORIZE)
IMPOSSIVIEW:
The
following
must
be
stated:
“An
approximation
will
suffice
unless
the
place
of
commission
is
a
material
element
of
the
offense”
1) Name
of
the
accused
Sec11
–
Date
of
commission
of
the
offense
2) Designation
of
the
offense
given
by
the
statute
It
is
not
necessary
to
state
the
precise
dated
the
offense
was
committed
(except
when
it
is
a
3) Acts
or
omissions
complained
of
material
ingredient
of
the
offense)
4) Name
of
the
offended
party
5) Approximate
date
of
commission
IMPOSSIVIEW:
6) Place
where
the
offense
was
committed
Sometime
in
the
month
of
April
1998
–
valid
On
or
about
May
1998
–
valid
Sec7
–
Name
of
the
accused
On
or
about
2004
–
invalid
è
possibilities
are
so
huge
(1992,
1994,
2003,
etc.)
è
there
should
be
The
complaint
or
information
must
state
the:
some
limitations
1) Name
and
Surname
Sec12
–
Name
of
the
offended
party
2) Appellation
or
Nickname
3) Fictitious
name
(name
cannot
be
ascertained)
1) Name
and
Surname
o Juridical
person
è
sufficient
to
state
any
name
or
designation
(without
è
If
the
true
name
is
thereafter
disclosed,
it
shall
be
inserted
need
of
averring
that
it
is
organized
in
accordance
with
law)
2) Property
–
(If
the
name
of
the
offended
party
is
unknown)
must
be
described
as
to
IMPOSSIVIEW:
properly
identify
the
offenses
charged
Appellation
–
must
be
the
name
of
the
person
known
to
the
public
3) Appellation
or
Nickname
Fictitious
name
–
John/Jane
Doe
4) Fictitious
name
Sec8
–
Designation
of
the
offense
Sec13
–
Duplicity
of
the
offense
The
complaint
or
information
shall
state
the:
Complaint
or
Information
–
must
charge
ONLY
ONE
offense
(except
when
the
law
prescribes
a
single
punishment
for
various
offenses)
1) Designation
of
the
offense
given
by
the
statute
(ex.
Violation
of
sec.2
of
PD123)
2) Aver
the
acts
or
omissions
constituting
the
offense
IMPOSSIVIEW:
3) Specify
its
qualifying
and
aggravating
circumstances
GR:
Every
information
must
charge
only
one
offense
E:
when
there
is
a
single
punishment
for
various
offenses
(ex.
Complex
crimes)
è
If
there
is
no
designation,
reference
shall
be
made
to
the
sec/sub-‐sec
of
the
statute
è
Such
defect
may
be
waived
if
there
was
no
objection
on
the
part
of
the
accused
(Sec3Rule120)
punishing
it
Sec14
–
Amendment
or
Substitution
IMPOSSIVIEW:
Aggravating
(even
generic)
and
qualifying
circumstances
–
must
be
alleged
1) Amendment
before
accused
enters
his
plea
Mitigating
circumstances
–
it
is
up
to
the
defendant
to
allege
such
circumstances
o Without
leave
of
court
è
There’s
no
need
to
allege
the
exact
wording
of
the
law
è
all
that
is
required
by
the
law
is
a
o In
substance
statement
that
falls
within
such
aggravating,
generic
or
qualifying
circumstances
o In
form
2) Formal
Amendment
after
plea
and
during
trial
Sec9
–
Cause
of
the
accusation
o With
leave
of
court
Acts
or
Omissions
and
the
Qualifying
and
Aggravating
circumstance
–
must
be
stated
in
ordinary
and
o Without
prejudice
to
the
rights
of
the
accused
concise
language
è
in
terms
sufficient
to
enable
a
person
of
common
understanding
to
know
what
3) Amendment
before
plea
which
downgrades
the
nature
of
the
offense
or
offense
is
being
charged
as
well
as
its
qualifying
and
aggravating
circumstances
and
for
the
court
to
excludes
any
accused
pronounce
judgment
o Motion
by
prosecutor
o Notice
to
the
offended
party
o Leave
of
court
4) Mistake
(before
judgment)
2
IMPOSSIBRU
NOTES
II
Crim
Pro
Memory
Aid
By:
James
Francis
Villanueva
Ugh…
life.
Atty.
Salvador
Francis
Xavier
Razon
o The
court
shall
dismiss
the
original
complaint
or
information
upon
filing
a
certiorari
but
to
go
to
trial
without
prejudice
to
new
one
charging
the
proper
offense
in
accordance
with
Sec19
Rule119
reiterating
the
special
defenses
(must
not
be
placed
in
double
jeopardy)
Objections
not
raised
is
deemed
a
waiver
Objections
not
raised
is
deemed
a
waiver
Except:
1. Lack
of
jurisdiction
IMPOSSIVIEW:
2. Prescription
Amendments
–
as
long
as
it
will
not
prejudice
the
rights
of
the
accused
3. Double
jeopardy
1. Before
plea
Sec15
–
Place
where
action
is
to
be
instituted
a. Form
b. Substance
1) Subject
to
existing
laws
2. After
plea
o Where
the
offense
was
committed
a. Form
o Where
any
of
its
essential
ingredients
occurred
2) Train/Aircraft/Public
or
Private
Vehicle
Substantial
Amendments
–
consists
of
the
recital
of
facts
constituting
the
offense
charged
and
o Where
it
passed
during
its
trip
determinative
of
the
jurisdiction
of
the
court
o Place
of
arrival
o Place
of
departure
Formal
Amendments
3) Vessel
o 1st
port
of
entry
1. New
allegations
which
relates
only
to
the
range
of
penalty
the
court
might
impose
in
the
o Where
it
passed
during
its
voyage
course
of
the
conviction
(did
not
change
the
imposable
penalty
but
merely
the
range)
4) Art2
RPC
2. Amendments
which
does
not
charge
another
offense
different
or
distinct
from
that
charged
o Where
the
criminal
action
is
1st
filed
in
the
original
one
3. Additional
allegations
which
do
not
alter
the
prosecution’s
theory
and
will
not
surprise
the
accused
IMPOSSIVIEW:
4. Amendments
which
do
not
adversely
affect
any
substantial
right
of
the
accused
Other
exceptions
to
the
rule
that
venue
is
jurisdictional
5. Amendments
that
merely
adds
specifications
to
eliminate
vagueness
of
the
information
1. Violation
of
the
Human
Security
Act
(acts
of
terrorism)
Instances
where
the
court
may
order
for
an
amendment
without
a
motion
to
amend
under
2. Crimes
or
offenses
against
Filipino
citizens
though
committed
outside
the
Philippines
Rule10
3. Offenses
against
diplomatic
officers
or
offenses
committed
within
diplomatic
premises
of
the
Philippines
though
committed
outside
the
Philippines
1. When
there
is
a
motion
for
bill
of
particulars
2. Filing
of
a
motion
to
dismiss
under
Rule16
Sec16
–
Intervention
of
the
offended
party
in
criminal
action
Civil
action
for
recovery
of
civil
liability
is
instituted
in
the
criminal
action
pursuant
to
Motion
to
Exclude
–
to
exclude
an
accused
even
before
an
accused
pleas
to
exclude
him
Rule111
è
the
offended
party
may
intervene
by
counsel
in
the
prosecution
of
the
offense
• Must
be
filed
before
plea
IMPOSSIVIEW:
When
a
private
prosecutor
enters
his
appearance
for
the
civil
liability
of
the
offended
party
è
Substitution
of
Information
–
it
is
when
the
prosecution
is
convinced
that
it
would
not
be
able
to
intervention
in
a
criminal
case
convict
or
to
cause
the
conviction
of
the
accused
Motion
for
intervention
è
CA
or
SC
subject
to
their
discretion
whether
to
entertain
it
or
not
Motion
to
Quash
v
Motion
to
Dismiss
Motion
to
QUASH
Motion
to
DISMISS
• Leave
of
court
is
required
Filed
at
anytime
before
the
accused
pleas
in
a
Filed
before
an
answer
within
the
reglamentary
period
to
file
• Motion
for
intervention
in
civil
cases
(Sec2Rule19)
è
before
the
rendition
of
judgment
in
CRIMINAL
case
an
answer
in
a
CIVIL
case
the
trial
court
Must
be
in
writing
(can
be
signed
by
the
accused
Must
be
in
writing
himself
or
by
counsel
If
granted
–
the
case
may
be
re-‐filed
If
granted
(Rule
16)
–
the
case
may
be
re-‐filed
Except:
Except:
1. Extinguishment
of
crime
1. Res
judicata
2. Prescription
2. Statute
of
limitations
3. Double
jeopardy
3. Payment/waiver/abandonment
or
extinguishment
of
obligation
4. Unenforceable
(SoF)
If
denied
(Lazarte
v
SB)
–
not
correctible
by
3
IMPOSSIBRU
NOTES
II
Crim
Pro
Memory
Aid
By:
James
Francis
Villanueva
Ugh…
life.
Atty.
Salvador
Francis
Xavier
Razon
RULE
111
–
PROSECUTION
OF
CIVIL
ACTION
Sec3
–
When
civil
action
may
proceed
independently
Sec1
–
Institution
of
criminal
and
civil
actions
Independent
civil
action
shall
proceed
and
only
preponderance
of
evidences
is
required
under
the
Criminal
action
is
instituted
–
civil
action
arising
from
civil
liability
è
deemed
instituted
with
the
following:
criminal
action
unless:
1) Art32
–
violation
of
basic
rights
and
liberties
indicated
therein
1) Waives
the
civil
action
2) Art33
–
cases
of
fraud,
defamation
and
physical
injuries
2) Reserves
the
right
to
institute
it
separately
–
shall
be
made
before
the
prosecution
3) Art34
–
when
a
city/municipal
police
force
refuses/fails
to
render
aid/protection
to
starts
presenting
its
evidence
(before
the
prosecution
presents
evidences
and
under
the
any
person
in
case
danger
to
life
or
property
circumstances
affording
the
offended
party
a
reasonable
opportunity
to
make
such
4) Art2176
–
quasi-‐delicts
–
criminal
action
è
NO
substitution
reservation)
“In
no
case
may
the
offended
party
recover
the
damages
twice
for
the
same
act
or
3) Institutes
the
civil
action
prior
to
the
criminal
action
omission
charged
in
the
criminal
action”
IMPOSSIVIEW: Sec4 – Effect of death on civil actions
Rules on Filing Fees
1) Death of the accused AFTER arraignment and during the pendency of the criminal action
1) Moral/nominal/temperate/exemplary damages (w/out specifying the amount thereof) – a. Extinguish criminal action and civil liability arising from delict
filing fees – 1st lien on the judgment awarding such damages b. Independent civil action – may be continued against the estate/legal
2) Amount of damages is specified – corresponding filing fees shall be paid upon filing in court representative of the accused (substitution of a party to the case within 30 days
3) Actual damages – no filing fees required (except as provided in these rules) from notice è captioned as a civil case arising from a criminal action)
è Counterclaim, cross-‐claim or 3rd party claim – cannot be filed by the accused in the i. Arising from other obligations:
criminal case 1. Law
-‐ Any cause of action w/c could have been the subject there of è separate civil action 2. Contract
3. Quasi-‐delict
Violations of BP22 4. Quasi-‐contract
2) Death BEFORE arraignment
-‐ Deemed to include the corresponding civil action a. Extinguishment of the criminal action ONLY
-‐ No reservation to file civil action separately shall be allowed b. Without prejudice to any civil action against the estate of the deceased
-‐ Filing fees based on all damages – so that the government would not be used as a
collection arm (moral, exemplary, nominal, temperate, actual, and liquidated) Sec5 – Judgment in civil action not a bar
-‐ Summary procedure (no direct examination but submission of judicial affidavits,
subject to cross-‐examination) -‐ Final judgment rendered in a civil action absolving the defendant from civil liability –
NOT a bar to a criminal action for the same act or omission subject of the civil
Civil action filed separately and trial thereof has not yet commenced – may be consolidated with the action
criminal action è joinder of actions/consolidation
Sec6 – Suspension by reason prejudicial question
Sec2 – When separate civil action is suspended
-‐ Petition for suspension of criminal action based upon a prejudicial question
-‐ Separate civil action – suspended after the criminal action commences (cannot be o Filed in the office of the prosecutor or;
instituted until final judgment of the criminal action) o Court conducting preliminary investigation è before the prosecution rests
o If filed before the criminal action è suspended in whatever stage it may its case
be found
-‐ Consolidation (before judgment on the merits is rendered in the civil action) IMPOSSIVIEW:
o Upon the motion of the offended party 2 opportunities to file a suspension
o Evidence adduced in the civil action shall be deemed automatically
reproduced in the criminal action (without prejudice to cross-‐examine the 1. Before the prosecutor conducts preliminary investigation
witnesses) 2. In court before the prosecution rests its case
o Tried and decided jointly
-‐ Prescription of civil action (pendency of the criminal action) è tolled Sec7 – Elements of prejudicial question
-‐ Extinction of penal action – does NOT carry with it the extinction of the civil action
-‐ Civil action based on delict – extinguished è finding in a final judgment in the 1) Previously instituted civil action
criminal action that the act or omission from w/c the civil liability may arise did not 2) Issue similar and intimately related to the issue raised in the subsequent criminal action
exist 3) Resolution of such determines whether or not the criminal action may proceed
4
IMPOSSIBRU
NOTES
II
Crim
Pro
Memory
Aid
By:
James
Francis
Villanueva
Ugh…
life.
Atty.
Salvador
Francis
Xavier
Razon
§ Investigating
officer
IMPOSSIVIEW:
• Dismiss
–
no
ground
to
continue
“For
a
prejudicial
question
in
a
civil
case
to
suspend
a
criminal
action,
it
must
appear
that
not
only
the
• Issue
a
subpoena
–
attaching
the
complaint
and
said
case
involves
facts
intimately
related
to
those
of
the
criminal
prosecution,
but
it
should
also
supporting
affidavits
establish
the
guilt
or
innocence
of
the
accused”
–
(Majestrado
v.
People)
§ Respondent
• Right
to
examine
the
evidences
(not
have
been
Acquittal
that
does
not
bar
a
civil
action
(Nuiguid
v
Nicdao)
furnished
at
his
expense)
§ Complainant
–
evidence
is
voluminous
1. Acquittal
is
based
on
reasonable
doubt,
as
only
preponderance
of
evidence
is
required
in
• Be
required
to
specify
those
which
he
intends
to
civil
cases
present
2. Where
the
court
declared
the
accused’s
liability
is
not
criminal
but
only
civil
§ Objects
as
evidence
–
may
be
requested
at
for
examination,
3. Where
the
civil
liability
does
not
arise
or
is
not
based
upon
the
criminal
act
of
which
the
copying
or
photographing
accused
was
not
acquitted
o Within
10
days
from
the
receipt
of
the
subpoena
§ Respondent
§ Submit
his
counter-‐affidavit
(subscribed
and
sworn
and
shall
not
be
allowed
to
file
a
motion
to
dismiss
in
lieu
of
a
counter-‐affidavit)
• Witnesses
RULE
112
–
PRELIMINARY
INVESTIGATION
• Supporting
documents
Sec1
–
Preliminary
investigation
defined;
when
require
o If
Respondent
cannot
be
subpoenad
or
if
subpoenad
does
not
submit
counter-‐affidavits
within
the
10
day
period
-‐ Preliminary
investigation
§ Investigating
officer
o Inquiry
or
proceeding
to
determine
whether
there
is
sufficient
ground
• Resolve
the
complaint
based
on
the
evidences
to
believe
that
the
crime
has
been
committed
and
the
respondent
is
presented
by
the
complainant
probably
guilty
and
should
be
held
for
trial
o Within
10
days
from
the
submission
of
the
counter-‐affidavits
and
o 4yrs2mos&1day
without
regard
to
the
fine
other
documents
§ Investigating
officer
IMPOSSIVIEW:
• Set
a
hearing
for
clarifying
the
facts
and
issues
from
a
RTC
–
preliminary
investigation:
exceeding
6yrs
party/witness
MTC
–
preliminary
investigation:
4yrs2mos&1day
to
6yrs
• Without
the
right
to
examine/cross-‐examine
• Terminated
within
5
days
Sec2
–
Officers
authorized
to
conduct
preliminary
investigation
o Within
10
days
after
the
investigation
§ Investigating
officer
1) Provincial
or
city
prosecutors
and
their
assistants
• Determine
whether
or
not
there
is
sufficient
ground
2) National
and
regional
state
prosecutors
to
hold
the
respondent
for
trial
3) Other
officers
that
may
be
authorized
by
law
Sec4
–
Resolution
of
investigating
prosecutor
and
its
review
Sec3
–
Procedure
The
preliminary
investigation
shall
be
conducted:
Complaint
-‐ Resolution
and
information
of
the
INVESTIGATING
PROSECUTOR
o Certify
under
oath
that
he/authorized
officer
§ Personally
examined
the
complainant
and
witnesses
-‐ Form:(Sec3-‐A)
§ Reasonable
ground
to
believe
that
a
crime
has
been
committed
o Address
of
the
respondent
and
the
accused
is
probably
guilty
thereof
o Affidavits
of
the
complainant
and
his
witnesses
§ Accused
was
informed
of
the
complaint
and
of
the
evidence
o Other
supporting
documents
to
establish
probable
cause
against
him
o Copies:
no.
of
respondents
+
2
copies
for
the
original
file
§ Opportunity
to
submit
controverting
evidences
-‐ Procedure:
o Within
5
days
from
his
resolution
o Subscribed
and
sworn
before
any:
(must
certify
that
he
personally
§ Forward
the
record
of
the
case
to
the:
(act
within
10
days)
examined
the
affiants
and
satisfied
that
he
voluntarily
executed
and
understood
their
affidavits)
• Provincial/city
prosecutor
§ Prosecutor
• Chief
state
prosecutor
§ Government
official
authorized
to
administer
oath
• Ombudsman
or
his
deputy
§ Notary
public
• è
No
complaint/information
may
be
filed/dismissed
o Within
10
days
after
filing
the
complaint
without
authority
of
the
one’s
provided
above
5
IMPOSSIBRU
NOTES
II
Crim
Pro
Memory
Aid
By:
James
Francis
Villanueva
Ugh…
life.
Atty.
Salvador
Francis
Xavier
Razon
o Investigating
prosecutor
recommends
the
dismissal
of
the
complaint
-‐ Absence
or
unavailability
of
an
INQUEST
PROSECUTOR
complaint
may
be
filed
§ If
disapproved
by
the
one’s
above
(probable
cause
exists)
directly
by:
• File
information
himself,
or
o Offended
party
• Direct
assistant
prosecutor/state
prosecutor
to
file
o Peace
officer
• èWITHOUT
another
preliminary
investigation
-‐ BEFORE
the
complaint
is
filed
o Reverses/Modifications
by
the
DOJ
o Person
arrested
§ Sec.
of
Justice
§ Request
for
preliminary
investigation
• Direct
the
prosecutor
concerned
to
file
the
§ Sign
a
waiver
(Art125RPC)
in
the
presence
of
his
counsel
corresponding
information
(without
another
§ Apply
for
bail
–
investigation
must
be
terminated
within
15
days
preliminary
investigation),
or
from
inception
• Dismiss/move
for
dismissal
of
the
complaint
with
-‐ AFTER
the
complaint
is
filed
without
investigation
notice
to
the
parties
o Accused
–
within
5
days
from
knowledge
of
filing
§ Ask
for
preliminary
investigation
Sec5
–
When
warrant
of
arrest
may
issue
§ Right
to
adduce
evidences
-‐ RTC (Sec5-‐A) IMPOSSIVIEW:
o Within 10 days from the filing of the complaint Inquest – valid warrantless arrest for offenses that requires preliminary investigation
§ Judge
• Personally evaluate the resolution of the prosecutor • Is not the same with preliminary investigation è not a determination of probable cause
• No probable cause – dismiss • Inquest prosecutor – will decide what to do
• Probable cause – issue a warrant or commitment o Detain
order o Release for further preliminary investigation (the affidavit of the arresting officer
o Doubt on the existence of probable cause will take place of the affidavit-‐complaint)
§ Judge
• Order the prosecutor to present additional evidences Sec7 – Records
(within 5 days from notice)
• Must be resolved by the court within 30 days from -‐ Records supporting the information or complaint
filing o Information/complaint filed in court – shall be supported by the affidavits
-‐ MTC and counter-‐affidavits of the parties and their witnesses + supporting
o Preliminary investigation by a PROSECUTOR documents + resolution on the case
§ Issuance of warrant in accordance to Sec5-‐A -‐ Record of preliminary investigation
o Cases not requiring preliminary investigation (Sec8) o Shall not form part of the record of the case
§ Issuance of warrant arrest (discretion) o Court/motion of any party – order the production of the record
§ Summons § Necessary in the resolution
§ Introduced as evidence
IMPOSSIVIEW:
Rules on summary procedure Sec8 – Cases not requiring a preliminary investigation nor covered by the rule on summary
GR: MTC will not issue a warrant of arrest procedure
E: despite repeated notices è failure to appear during trial
-‐ If filed with the prosecutor (offense LESS THAN 4yrs2mos1day)
When warrant of arrest not necessary o Act within 10 days from filing
o Sec3-‐A of this rule
1. Accused is already under detention -‐ If filed with the MTC
2. When lawfully arrested without warrant (Sec5Rule113) o Act within 10 days from filing
3. Offense penalized with fine only o Sec3-‐A of this rule
o No probable cause – dismiss
Sec6 – When accused lawfully arrested without warrant o May require additional evidence within 10 days from notice
o If no necessity for arrest è summons
-‐ When lawfully arrested without a warrant involving an offense which requires a
preliminary investigation
o May be filed without investigation
o Inquest must be conducted
6
IMPOSSIBRU
NOTES
II
Crim
Pro
Memory
Aid
By:
James
Francis
Villanueva
Ugh…
life.
Atty.
Salvador
Francis
Xavier
Razon
IMPOSSIVIEW:
Illustration
of
Rule112
Preliminary
Investigation
c/o:
Daniel
Darvin
Case Remanded
COMMISSION OF Not Arrested
THE CRIME
POLICE
Valid Warrantless INVESTIGATION COMPLAINT PRELIMINARY
Arrest INVESTIGATION
Examination of the Filed before the
Complainant and the Prosecutor’s Office
Inquest Witnesses if any
Report INQUEST
Respondent submits his
notarized
Issuance of DISMISSED!
COUNTER
DISMISSAL! AFFIDAVIT SUB POENA
against the suspect
w/ affidavits and
supporting documents
Submitted for PROBABLE CAUSE!
Approval of the
City / Provincial Accused is taken
Prosecutor * No motion to dismiss into custody
may be filed yet
DISMISSAL!
Filing of the Judge conducts a * Must be
Issuance of w/in
a 10 days Execution of the ARRAIGNMENT
INFORMATION Preliminary WARRANT OF Warrant of Arrest
Examination or ARREST
before the Court Preliminary Inquiry or
COMMITMENT PRE-TRIAL
ORDER
JUDGMENT TRIAL PROPER
Remand to
Prosecutor’s Office
7
IMPOSSIBRU
NOTES
II
Crim
Pro
Memory
Aid
By:
James
Francis
Villanueva
Ugh…
life.
Atty.
Salvador
Francis
Xavier
Razon
RULE
113
–
ARREST
Sec1
–
Definition
of
arrest
Sec7
–
Method
of
arrest
by
officer
by
virtue
of
a
warrant
Arrest
–
taking
of
a
person
into
custody
in
order
that
he
may
be
bound
to
answer
for
the
commission
of
an
offense
-‐ Officer
shall
inform
the
person
to
be
arrested
of
the
cause
of
arrest
and
the
fact
that
a
warrant
has
been
issued
for
his
arrest,
except:
IMPOSSIVIEW:
o Flees
or
forcibly
resists
arrest
Juvenile
and
Welfare
Act
of
2006
&
Rules
of
the
SC
on
Child
in
Conflict
with
the
Law
o Giving
information
will
imperil
the
arrest
-‐ The
officer
NEED
NOT
have
the
warrant
in
his
possession
at
the
time
of
arrest
1. Below
15yrs
of
age
-‐
exempt
from
criminal
liability
o After
arrest
(upon
request
of
person
arrested)
–
show
the
warrant
as
soon
2. Above
15
&
below
18
(without
discernment)
-‐
exempt
from
criminal
liability
as
practicable
3. Above
15
&
below
18
(with
discernment)
-‐
diversion
(method
of
conciliation,
mediation
and
rehabilitating
the
accused)
Sec8
–
Method
of
arrest
by
officer
without
a
warrant
a. Offense
below
6yrs
-‐
barangay
b. Offense
exceeding
6yrs
–
court
-‐ OFFICER
shall
inform
the
person
of
his
authority
and
the
cause
for
his
arrest,
except
o Engaged
in
the
commission
of
an
offense
è
Determined
by
the
age
at
the
time
of
the
commission
of
the
offense
o Pursued
immediately
after
commission
o Escaped,
flees
or
forcibly
resists
Sec2
–
Arrest;
how
made
o Giving
the
information
will
imperil
the
arrest
1) Actual
restraint
of
the
person
being
arrested
Sec9
–
Method
of
arrest
by
private
person
2) Submission
to
the
custody
of
the
person
making
the
arrest
-‐ PRIVATE
PERSON
shall
inform
the
person
of
his
authority
and
the
cause
for
his
è
No
violence
or
unnecessary
force
shall
be
used
in
making
an
arrest
è
shall
not
be
subjected
to
arrest,
except
a
greater
restraint
than
necessary
for
his
detention
o Engaged
in
the
commission
of
an
offense
o Pursued
immediately
after
commission
Sec3
–
Duty
of
the
arresting
officer
o Escaped,
flees
or
forcibly
resists
To
arrest
and
deliver
him
to
the
nearest
police
station/jail
without
unnecessary
delay
o Giving
the
information
will
imperil
the
arrest
Sec4
–
Execution
of
warrant
Sec10
–
Officer
may
summon
assistance
-‐ Head
of
the
office
to
whom
the
warrant
of
arrest
was
delivered
-‐ Officer
making
a
lawful
arrest
–
may
orally
summon
as
many
persons
as
he
deems
o Execute
within
10
days
from
its
receipt
necessary
to
assist
him
in
effecting
the
arrest
-‐ Within
10
days
after
the
expiration
of
the
period
-‐ Every
person
summoned
–
shall
assist
him
in
effecting
the
arrest
when
he
can
render
o Officer
to
whom
it
was
assigned
–
shall
make
a
report
to
the
judge
who
such
assistance
without
detriment
issued
the
warrant
Sec11
–
Right
of
officer
to
break
into
building
or
enclosure
Sec5
–
Arrest
without
a
warrant;
when
lawful
-‐ An
officer
in
order
to
make
an
arrest
by
virtue
of
a
warrant
or
Sec5
-‐ Any
peace
officer
or
private
person
may
arrest
without
a
warrant:
o May
break
into
any
building/enclosure
where
the
person
is
to
be
arrested
o In
flagrante
delicto
–
it
must
be
committed
in
his
presence
è
if
he
is
refused
admittance
thereto
(after
announcing
authority
and
o Hot
pursuit
–
he
must
have
personal
knowledge
of
the
facts
and
purpose)
circumstances
of
probable
cause
(applies
only
to
crimes
that
has
just
been
committed)
Sec12
–
Right
to
breakout
from
building
or
enclosure
o Fugitive
–
he
can
be
arrested
without
a
warrant
-‐ The
officer
who
entered
the
building/enclosure
may
breakout
therefrom
when
IMPOSSIVIEW:
necessary
to
liberate
himself
Probable
cause
–
facts
and
circumstances
which
would
lead
a
reasonably
prudent
man
to
believe
that
a
crime
has
just
been
committed
or
is
being
committed
or
is
about
to
be
committed
by
the
person
Sec13
–
Arrest
after
escape
or
rescue
being
accused
-‐ If
person
lawfully
arrested
escapes
or
is
rescued
–
any
person
may
immediately
Sec6
–
Time
of
making
arrest
pursue
or
retake
him
without
a
warrant
at
any
time
and
in
any
day
(fugitive)
Any
day
at
any
time
of
the
day
or
night
8
IMPOSSIBRU
NOTES
II
Crim
Pro
Memory
Aid
By:
James
Francis
Villanueva
Ugh…
life.
Atty.
Salvador
Francis
Xavier
Razon
Sec14
–
Right
of
attorney
or
relative
to
visit
person
arrested
a.
The
accused
must
only
pay
a
PREMIUM
to
such
company
and
it
must
be
RENEWED
annually
-‐ Any
member
of
the
Philippine
bar
or
a
relative
(at
request)
–
shall
have
the
right
b. Must
be
accredited
by
the
SC
to
visit
and
confer
privately
with
such
person
in
the
jail
or
any
place
of
custody
3. Property
bond
(Sec11)
o At
any
hour
of
the
day
or
night
a. The
owner
MUST
be
a
resident
of
the
Philippines
(IMPORTANT)
o Subject
to
reasonable
regulations
4. Recognizance
(Sec15)
Note:
you
do
NOT
need
a
CERTIFICATION
OF
ARREST
to
be
able
to
apply
for
bail
è
amounts
to
voluntary
surrender
RULE
114
–
BAIL
Sec2
–
Condition
of
the
bail;
requirements
Sec1
–
Bail
defined
Bail
–
is
the
security
given
for
the
release
of
a
person
in
custody
of
the
law,
furnished
by:
1. The
undertaking
shall
be
effective
upon
approval,
and
unless
cancelled
è
shall
remain
in
force
at
all
stages
of
the
case
until
promulgation
of
the
judgment
of
the
RTC
(irrespective
1. Him
of
whether
the
case
was
originally
filed
in
or
appealed
to
it)
2. Bondsman
2. The
accused
shall
appear
before
the
proper
court
whenever
required
by
the
court
or
these
rules
è
Guarantee
his
appearance
before
any
court
as
required
under
the
conditions
hereinafter
a. The
failure
of
the
accused
to
appear
at
the
trial
without
justification
and
despite
specified
due
notice
è
deemed
a
waiver
of
his
right
to
be
present
thereat
è
trial
in
Kinds
of
bail
absentia
3. The
bondsman
è
surrender
the
accused
to
the
court
for
execution
of
the
final
execution
1. Corporate
surety
a. Original
papers
shall
state
the
following:
2. Property
bond
i. Full
name
of
the
accused
3. Cash
deposit
ii. Amount
of
undertaking
4. Recognizance
iii. Conditions
required
by
this
section
iv. Photographs
(passport
size,
taken
within
the
last
6mos.
Showing
the
IMPOSSIVIEW:
face,
left
and
right)
1. Valid warrantless arrest (inquest) IMPOSSIVIEW:
a. You CANNOT apply for bail if you are subjected to an INQUEST è pre-‐mature Conditions for bail
application
i. The prosecutor will still look on the arrest report and the affidavit of 1. Application for bail
the arresting officer è release for further preliminary investigation a. Originally filed to the RTC è effective
or detention b. Originally file to the MTC but appealed to the RTC è effective
ii. If subjected to detention è BAIL 2. Trial in absentia – the trial could proceed in absentia
2. Arrest by virtue of a warrant a. Deemed the accused waived his appearance in court
a. GR: for as long as there is deprivation of liberty è BAIL (constitutional right) b. Bondsman – commits to bring the accused to court for purposes of promulgation
b. E: non-‐bailable offenses of judgment
c. GR: EXECUTION – if there is a sentence, the accused will have to serve sentence
è Arraignment – is NOT a prerequisite to an application of bail (Serapio v Sandiganbayan) d. E: CONDITION (Sec1(c)Rule115) – the appearance can be waived if it is
stipulated in the bail
Kinds of Bails
Sec3 – No release or transfer except on court order or bail
1. Cash bond (Sec14)
a. It will be returned if: -‐ No person under detention by legal process shall be released or transferred (except
i. Acquitted 1. upon order of the court or 2. bail)
ii. Dismissed
iii. Convicted but no civil liability (if cash bond is to be applied to cover
the civil liability)
b. The lawyer is not entitled to the cash bond
c. Must be of the full amount
2. Surety bond (Sec10) – bond issued by a surety company
9
IMPOSSIBRU
NOTES
II
Crim
Pro
Memory
Aid
By:
James
Francis
Villanueva
Ugh…
life.
Atty.
Salvador
Francis
Xavier
Razon
Sec4
–
Bail,
a
matter
of
right;
exception
IMPOSSIVIEW:
All
persons
in
custody
shall
be
admitted
to
bail
as
a
matter
of
right
(with
sufficient
Note:
to
avoid
confusion,
Sec5
covers
only
AFTER
CONVICTION
in
the
RTC
where
the
penalty
is
NOT
sureties/recognizance)
death,
life
imprisonment
or
RP
If
the
accused
is
charged
with
murder
(non-‐bailable)
but
convicted
with
homicide
(bailable)
è
if
it
is
1. BEFORE
or
AFTER
conviction
by
the:
before
the
RTC
after
convition
è
bail
subject
to
the
court’s
discretion
(Laviste
v
CA)
a. MeTC
Where
to
file
this
kind
of
scenario:
APPELLATE
COURT
b. MTC
c. MTC
in
cities
Exercise
of
discretion
–
the
judge
determines
whether
or
not
to
grant
such
bail
d. MCTC
2. BEFORE
conviction
by
the
RTC
(not
punishable
by
death,
RP,
life
imprisonment)
1. Discretionary
bail
2. Petition
for
bail
for
non-‐bailable
offenses
(different
from
discretionary
bail)
(Sec7)
IMPOSSIVIEW:
Bail
a
matter
of
right
Sec6
–
Capital
offense,
defined
Capital
offense
–
is
an
offense
which,
under
the
law
existing
at
the
time
of
its
commission
and
of
the
1. MeTC/MTC/MCTC
(BEFORE
or
AFTER
conviction
–
not
yet
final
and
executory)
application
for
admission
to
bail,
may
be
punished
with
death
a. Bail
a
matter
of
right
2. RTC
(BEFORE
conviction)
Sec7
–
Capital
offense
or
an
offense
punishable
by
RP
or
life
imprisonment,
non-‐bailable
a. Exceeding
6yrs
(not
death/life
imprisonment/RP)
Person
charged
with
a
capital
offense
or
an
offense
punishable
by
RP
or
life
imprisonment
–
shall
i. Bail
a
matter
of
right
NOT
be
admitted
to
bail
if
evidence
of
guilt
is
strong
(regardless
of
the
stage
of
the
criminal
prosecution)
Matter
of
right
–
the
existence
of
a
high
degree
of
probability
that
the
defendant
will
abscond
confers
upon
the
court
NO
greater
discretion
than
to
INCREASE
the
bond
è
to
deny
him
with
his
right
to
bail
Sec8
–
Burden
of
proof
in
bail
application
is
in
violation
of
his
right
(Miguel
v
Maceda)
-‐ Application
of
a
person
in
custody
for
the
commission
of
an
offense
(punishable
by
Sec5
–
Bail,
when
discretionary
death,
RP,
life
imprisonment)
o Prosecution
è
burden
of
showing
that
evidence
of
guilt
is
strong
-‐ AFTER
conviction
by
the
RTC
(offense
not
punishable
by
death,
RP,
life
imprisonment)
o Evidence
presented
during
the
bail
hearing
shall
be
automatically
è
admission
of
bail
is
discretionary
reproduced
at
the
trial
-‐ Application
for
bail
may
be
filed
and
acted
upon
by
the
trial
court
despite
the
filing
of
a
§ Upon
motion
of
either
party
è
the
court
may
recall
any
witness
notice
of
appeal
è
provided
that
it
has
not
transmitted
the
original
record
to
the
for
additional
examination
(unless
dead,
outside
the
Philippines
appellate
court
or
unable
to
testify)
-‐
If
the
decision
of
the
trial
court
convicting
the
accused
changed
the
nature
from
non-‐
bailable
to
bailable
è
the
application
can
only
be
filed
with
and
resolved
by
the
Sec9
–
Amount
of
bail;
guidelines
appellate
court
The
judge
who
issued
the
warrant
or
granted
the
application
shall
fix
a
reasonable
amount
-‐ Should
the
court
grant
the
application
è
the
accused
may
be
allowed
to
continue
on
of
bail
considering
the
following
factors:
(not
exclusive)
provisional
liberty
during
the
pendency
of
the
appeal
(same
bail
subject
to
the
consent
of
the
bondsman)
1. Financial
ability
of
the
accused
to
give
bail
-‐ Imprisonment
exceeding
6yrs
è
the
accused
shall
be
denied
bail/cancelled
upon
2. Nature
and
circumstances
of
the
offense
showing:
(immediate
denial
for
bail)
3. Penalty
for
the
offense
charged
a. That
he
is
a
recidivist,
quasi-‐recidivist
or
habitual
delinquent
or
has
4. Character
and
reputation
of
the
accused
committed
the
crime
aggravated
by
reiteration
5. Age
and
health
of
the
accused
b. That
he
has
previously
escaped
from
legal
confinement,
evaded
6. Weight
of
the
evidence
against
the
accused
sentence,
or
violated
the
conditions
of
his
bail
without
valid
7. Probability
of
the
accused
appearing
at
the
trial
justification
8. Forfeiture
of
other
bail
c. That
he
committed
the
offense
while
under
probation,
parole,
or
9. The
fact
that
the
accused
was
a
fugitive
from
justice
when
arrested
conditional
pardon;
10. Pendency
of
other
cases
where
the
accused
is
on
bail
d. That
the
circumstances
of
his
case
indicate
the
probability
of
flight
if
released
on
bail;
or
IMPOSSIVIEW:
e. That
there
is
undue
risk
that
he
may
commit
another
crime
during
the
Prosecutor
–
is
the
one
who
recommends
the
amount
of
bail
è
there
is
a
recommended
bail
when
pendency
of
the
appeal
the
prosecutor
files
the
information
Court
–
only
determines
whether
to
INCREASE
or
REDUCE
the
amount
of
bail
10
IMPOSSIBRU
NOTES
II
Crim
Pro
Memory
Aid
By:
James
Francis
Villanueva
Ugh…
life.
Atty.
Salvador
Francis
Xavier
Razon
Sec10
–
Corporate
surety
Sec14
–
Deposit
of
cash
as
bail
Any
domestic
or
foreign
corporation
(licensed
as
a
surety
in
accordance
with
law
and
currently
authorized
to
act
as
such)
è
may
provide
bail
by
a
bond
subscribed
jointly
by
-‐ The
accused
or
any
person
acting
in
his
behalf
may
deposit
the
amount
of
bail
fixed
the
accused
and
an
officer
of
the
corporation
duly
authorized
by
its
board
of
directors
by
the
court
or
recommended
by
the
prosecutor
who
investigated
or
filed
the
case
in
cash
with:
Sec11
–
Property
bond,
how
posted
o The
nearest
collector
of
internal
revenue
o Provincial,
city,
or
municipal
treasurer
-‐ Property
bond
–
is
an
undertaking
constituted
as
lien
on
the
real
property
given
as
o Clerk
of
court
where
the
case
is
pending
security
for
the
amount
of
bail
-‐ Upon
submission
of
a
proper
certificate
of
deposit
and
a
written
undertaking
-‐ Within
10days
after
the
approval
of
the
bond
(showing
compliance
with
the
requirements
of
Sec2Rule114)
è
the
accused
shall
be
o Accused
discharged
from
custody
§ If
the
land
is
registered
-‐ The
money
deposited
shall
be
considered
as
bail
and
applied
to
the
payment
of
fine
• Caused
the
annotation
of
the
lien
on
the
certificate
of
and
costs
title
on
file
with
the
register
of
deeds
-‐
The
excess,
if
any
è
returned
to
the
accused
or
to
whoever
made
the
deposit
§ If
the
land
is
unregistered
• In
the
registration
book
on
the
space
provided
in
the
IMPOSSIVIEW:
register
of
deeds
(in
the
province
where
the
land
lies)
Note:
A
judge
is
not
authorized
to
receive
the
deposit
of
cash
as
bail
nor
should
such
cash
be
kept
in
• On
the
corresponding
tax
declaration
in
the
office
of
his
office
(Lachica
v
Tormis)
the
provincial/city/municipal
assessor
concerned
§ Submit
to
the
court
his
compliance
(ESSENTIAL)
Sec15
–
Recognizance
• Failure
to
do
so
shall
be
sufficient
cause
for
the
Whenever
allowed
by
law
or
these
Rules,
the
court
è
may
release
a
person
in
custody
on
his
own
cancellation
of
the
property
bond
and
his
re-‐arrest
and
recognizance
or
that
of
a
responsible
person
detention
Sec16
–
Bail,
when
not
required;
reduced
bail
or
recognizance
Sec12
–
Qualifications
of
sureties
in
property
bond
No
bail
shall
be
required
when
the
law
or
these
Rules
so
provide
1. Each
must
be
a
resident
owner
of
real
estate
within
the
Philippines
(ESSENTIAL)
1. Person
has
been
in
custody
for
a
period
equal
to
or
more
than
the
possible
2. Where
there
is
only
one
surety
MAXIMUM
imprisonment
prescribed
for
the
offense
charged
a. Real
estate
must
be
worth
at
least
the
amount
of
the
undertaking
a. Released
immediately
(without
prejudice
to
the
continuation
of
the
trial
3. If
there
are
two
or
more
sureties
or
the
proceedings
on
appeal)
a. Each
may
justify
in
an
amount
less
than
that
expressed
in
the
undertaking
but
the
b. If
the
maximum
penalty
is
destierro
aggregate
of
the
justified
sums
must
be
equivalent
to
the
whole
amount
of
the
i. Released
after
30days
of
preventive
imprisonment
bail
demanded.
2. Person
in
custody
for
a
period
equal
to
or
more
than
the
MINIMUM
of
the
principal
è
In
all
cases,
every
surety
must
be
worth
the
amount
specified
in
his
own
undertaking
penalty
prescribed
for
the
offense
charged
(without
application
of
the
Indeterminate
over
and
above
all
just
debts,
obligations
and
properties
exempt
from
execution
Sentence
Law
or
any
modifying
circumstance)
a. Released
on
a
reduced
bail
or
on
his
own
recognizance
(discretion
of
the
Sec13
–
Justification
of
sureties
court)
Justification
by
affidavit
taken
before
the
judge
by
sureties
IMPOSSIVIEW:
1. That
he
possesses
the
qualifications
prescribed
in
the
preceding
section
2. He
shall
describe
the
property
given
as
security,
stating
the:
1. Accused
served
the
maximum
penalty
a. Nature
of
his
title,
its
encumbrances,
a. Released
WITHOUT
prejudice
to
the
CONTINUATION
of
his
case
b. The
number
and
amount
of
other
bails
entered
into
by
him
and
still
un-‐ 2. Accused
served
the
minimum
penalty
without
consideration
of
the
ISLAW
discharged
a. Reduced
bail
c. Other
liabilities
b. Recognizance
è
The
court
may
examine
the
sureties
upon
oath
concerning
their
sufficiency
in
such
manners
it
may
deem
proper.
No
bail
shall
be
approved
unless
the
surety
is
qualified
11
IMPOSSIBRU
NOTES
II
Crim
Pro
Memory
Aid
By:
James
Francis
Villanueva
Ugh…
life.
Atty.
Salvador
Francis
Xavier
Razon
Sec17
–
Bail,
where
filed
3. Decide
whether
the
guilt
of
the
accused
is
strong
based
on
the
summary
evidence
of
the
prosecution
1. Bail
in
the
amount
fixed
may
be
filed
with
the
court:
4. If
the
guilt
of
the
accused
is
NOT
strong
è
discharge
the
accused
upon
the
approval
of
a. Where
the
case
is
pending,
or
in
the
absence
or
unavailability
of
the
judge
the
bail
bond
thereof:
i. Any
RTC
judge/MeTC
judge/MTC
judge/MCTC
judge
in
the
Note:
under
the
rules
on
bail,
a
hearing
is
mandatory
in
granting
bail
whether
it
is
a
matter
of
right
or
province,
city,
or
municipality.
discretion
(Domingo
v
Pagatayan)
b. If
the
accused
is
arrested
in
a
province,
city,
or
municipality
other
than
where
the
case
is
pending,
è
RTC
of
said
place,
or
if
no
judge
thereof
is
Sec19
–
Release
on
Bail
available,
with:
i. Any
MeTC
judge/MTC
judge/MCTC
judge
therein.
1. The
accused
must
be
discharged
upon
approval
of
the
bail
by
the
judge
with
whom
it
2. Bail
is
a
matter
of
discretion,
or
the
accused
seeks
to
be
released
on
recognizance
was
filed
in
accordance
with
Sec17Rule114
a. Court
where
the
case
is
pending
(whether
on
preliminary
2. When
bail
is
filed
with
a
court
other
than
where
the
case
is
pending
investigation/trial/appeal)
a. The
judge
who
accepted
the
bail
shall
forward
it
(together
with
the
order
of
3. Any
person
in
custody
who
is
not
yet
charged
in
court
release
and
other
supporting
papers)
è
to
the
court
where
the
case
is
a. May
apply
for
bail
with
any
court
in
the
province/city/municipality
pending
(which
may,
for
good
reason,
require
a
different
one
to
be
filed)
where
he
is
held
IMPOSSIVIEW:
IMPOSSIVIEW:
Note:
If
the
accused
is
arrested
in
a
place
other
than
where
the
action
is
pending
è
the
BAIL
4
Scenarios
of
Sec17
RECORDS
must
be
transmitted
to
the
court
where
the
case
is
pending
(duty
of
the
judge)
è
If
the
judge
is
not
satisfied
on
the
bail
submitted
where
he
was
arrested
è
the
judge
may
require
a
1. If
the
accused
is
arrested
in
the
place
where
the
case
is
pending
NEW
bail
a. In
the
court
where
the
action
is
pending
b. If
the
judge
is
ABSENT
or
UNAVAILABLE
è
any
RTC/MTC
Sec20
–
Increase
or
reduction
of
bail
2. If
the
accused
is
arrested
in
the
place
other
than
where
the
action
is
pending
a. Any
RTC
where
the
accused
was
arrested
or
where
it
is
pending
(impractical)
1. After
the
accused
is
admitted
to
bail,
the
court
may,
upon
good
cause,
either
increase
b. If
the
judge
is
ABSENT
or
UNAVAILABLE
è
any
MTC
therein
or
reduce
its
amount
3. Where
bail
is
a
matter
of
discretion
or
requires
an
application
for
recognizance
a. When
increased
a. In
the
court
where
the
action
is
pending
i. The
accused
may
be
committed
to
custody
if
he
does
not
give
bail
4. When
there
is
yet
no
pending
case
in
the
increased
amount
within
a
reasonable
period
a. In
the
court
where
the
accused
is
held
(venue
is
jurisdictional)
2. An
accused
held
to
answer
a
criminal
charge
(released
without
bail
upon
filing
of
the
5. When
the
accused
is
not
yet
arrested
but
there
is
a
case
already
pending
complaint
or
information)
may,
at
any
subsequent
stage
of
the
proceedings
and
a. In
the
court
where
the
action
is
pending
whenever
a
strong
showing
of
guilt
appears
to
the
court
b. Bail
cannot
be
applied
to
a
court
other
than
were
it
is
pending
a. Be
required
to
give
bail
in
the
amount
fixed
b. Or
in
lieu
thereof,
committed
to
custody
Sec18
–
Notice
of
application
to
prosecutor
In
the
application
for
bail
under
Sec8Rule114
è
the
court
MUST
give
reasonable
notice
of
the
Sec21
–
Forfeiture
of
bail
hearing
to
the
prosecutor
or
require
him
to
submit
his
recommendation
1. When
the
presence
of
the
accused
is
required
by
the
court
or
these
Rules
IMPOSSIVIEW:
a. Bondsmen
è
shall
be
notified
to
produce
him
before
the
court
on
a
given
Characteristics
of
a
hearing
in
an
application
for
bail
(Serapio
v
Sandiganbayan)
date
and
time
2. If
the
accused
fails
to
appear
in
person
as
required
è
his
bail
shall
be
declared
1. Summary
forfeited
2. Mandatory
a. Within
30days
of
such
forfeiture,
the
bondsmen
must:
1. Produce
the
body
of
their
principal
or
give
the
reason
for
his
Duties
of
a
judge
in
case
of
an
application
for
bail
(Mabutas
v
Perello)
non-‐production
2. Explain
why
the
accused
did
not
appear
before
the
court
when
1. Notify
the
prosecutor
of
the
hearing
for
the
application
of
bail
or
require
him
to
submit
a
first
required
to
do
so
recommendation
2. Where
bail
is
a
matter
of
discretion
è
MANDATORY
HEARING
for
the
application
for
bail
è
Failing
in
these
two
requisites,
a
judgment
shall
be
rendered
against
the
(whether
or
not
the
prosecutor
presents
evidences)
bondsmen
(jointly
and
severally)
è
for
the
amount
of
the
bail.
12
IMPOSSIBRU
NOTES
II
Crim
Pro
Memory
Aid
By:
James
Francis
Villanueva
Ugh…
life.
Atty.
Salvador
Francis
Xavier
Razon
è
The
court
shall
not
reduce
or
otherwise
mitigate
the
liability
of
the
bondsmen
a.Conduct
monthly
personal
inspections
of
provincial,
city,
and
municipal
jails
and
(unless
the
accused
has
been
surrendered
or
is
acquitted)
the
prisoners
within
their
respective
jurisdictions
b. They
shall
ascertain
the
number
of
detainees,
inquire
on
their
proper
Sec22
–
Cancellation
of
bail
accommodation
and
health
and
examine
the
condition
of
the
jail
facilities
c. They
shall
order
the
segregation
of
sexes
and
of
minors
from
adults
1. Upon
application
of
the
bondsmen,
with
due
notice
to
the
prosecutor
d. Ensure
the
observance
of
the
right
of
detainees
to
confer
privately
with
counsel
a. Bail
may
be
cancelled:
e. Strive
to
eliminate
conditions
inimical
to
the
detainees
i. Surrender
of
the
accused
3. In
cities
and
municipalities
to
be
specified
by
the
Supreme
Court
ii. Proof
of
his
death
a. The
municipal
trial
judges
or
municipal
circuit
trial
judges
shall:
b. Bail
shall
be
deemed
automatically
cancelled:
i. Conduct
monthly
personal
inspections
of
the
municipal
jails
in
their
i. Acquittal
of
the
accused
respective
municipalities
ii. Dismissal
of
the
case
ii. Submit
a
report
to
the
executive
judge
of
the
Regional
Trial
Court
iii. Execution
of
the
judgment
of
conviction
having
jurisdiction
therein
4. A
monthly
report
of
such
visitation
shall
be
submitted
by
the
executive
judges
to
the
IMPOSSIVIEW:
Court
Administrator
which
shall
state:
Remedy
for
acquittal
where
double
jeopardy
has
already
set
in
a. The
total
number
of
detainees
b. The
names
of
those
held
for
more
than
30days
1. Petition
for
Certiorari
under
Rule65
(GADALEJ)
AND
c. The
duration
of
detention
2. Consent
from
the
Office
of
the
Solicitor
General
d. The
crime
charged
e. The
status
of
the
case
Sec23
–
Arrest
of
accused
out
on
bail
f. The
cause
for
detention
g. Other
pertinent
information
1. For
the
purpose
of
surrendering
the
accused
a. Bondsmen
may
arrest
him
Sec26
–
Bail
not
a
bar
to
objections
on
legal
arrest,
lack
of
or
irregular
preliminary
b. Cause
him
to
be
arrested
by
a
police
officer
investigation
c. Any
other
person
of
suitable
age
and
discretion
è
Upon
written
authority
endorsed
on
a
certified
copy
of
the
undertaking
1. An
application
for
or
admission
to
bail
shall
not
bar
the
accused
from
challenging:
2. An
accused
released
on
bail
(must
be
raised
before
entering
plea)
a. May
be
re-‐arrested
(without
the
necessity
of
a
warrant)
a. The
validity
of
his
arrest
i. Attempts
to
depart
from
the
Philippines
(without
permission
b. The
legality
of
the
warrant
issued
therefor
of
the
court
where
the
case
is
pending)
c. Regularity
or
questioning
the
absence
of
a
preliminary
investigation
of
the
charge
against
him
Sec24
–
No
bail
after
final
judgment;
exception
2. The
court
shall
resolve
the
matter
as
early
as
practicable
(not
later
than
the
start
of
the
trial
of
the
case)
1. No
bail
shall
be
allowed
after
a
judgment
of
conviction
has
become
final
2. If
before
such
finality,
the
accused
applies
for
probation
a. He
may
be
allowed
temporary
liberty
under
his
bail.
3. When
no
bail
was
filed/the
accused
is
incapable
of
filing
one
RULE
115
–
RIGHTS
OF
THE
ACCUSED
a. The
court
may
allow
his
release
on
recognizance
to
the
custody
of
a
Sec1
–
Rights
of
the
accused
at
the
trial
responsible
member
of
the
community.
In
all
criminal
prosecutions,
the
accused
shall
be
entitled
to
the
following
rights:
4. In
no
case
shall
bail
be
allowed
after
the
accused
has
commenced
to
serve
sentence
A. To
be
presumed
innocent
(until
the
contrary
is
proved
beyond
reasonable
doubt)
IMPOSSIVIEW:
B. To
be
informed
of
the
nature
and
cause
of
the
accusation
against
him
GR:
No
bail
shall
be
allowed
after
a
judgment
of
conviction
has
become
final
C. To
be
present
and
defend
in
person
and
by
counsel
at
every
stage
of
the
E:
Application
of
PROBATION
before
finality
(continuity
of
the
original
bail
given)
or
proceedings
è
from
arraignment
to
promulgation
of
the
judgment
RECOCNIZANCE
(financial
incapacity)
(Sec15)
a. Accused
may
è
waive
his
presence
at
the
trial
pursuant
to
the
stipulations
set
forth
in
his
bail
(unless
his
presence
is
specifically
Sec25
–
Court
supervision
of
detainees
ordered
by
the
court
for
purposes
of
identification)
i. The
absence
of
the
accused
without
justifiable
cause
at
the
trial
of
1. The
court
shall
exercise
supervision
over
all
persons
in
custody
for
the
purpose
of
which
he
had
notice
shall
be
considered
a
waiver
of
his
right
to
eliminating
unnecessary
detention.
be
present
thereat.
2. The
executive
judges
of
the
RTCs
shall:
b. When
an
accused
under
custody
escapes
13
IMPOSSIBRU
NOTES
II
Crim
Pro
Memory
Aid
By:
James
Francis
Villanueva
Ugh…
life.
Atty.
Salvador
Francis
Xavier
Razon
i. He
shall
be
deemed
to
have
waived
his
right
to
be
present
on
all
4.
Compulsory
process
subsequent
trial
dates
until
custody
over
him
is
regained.
Subpoena
(Rule21)
c. Upon
motion,
the
accused
may
be
allowed
to
defend
himself
in
person
è
sufficiently
appears
to
the
court
that
he
can
properly
protect
his
rights
1. Subpoena
ad
testificandum
–
summoned
to
testify
as
witness
without
the
assistance
of
counsel
2. Subpoena
duces
tecum
–
compelled
to
present
documents
D. To
testify
as
a
witness
in
his
own
behalf
but
subject
to
cross-‐examination
on
matters
covered
by
direct
examination
(His
silence
shall
not
in
any
manner
prejudice
Quashing
of
a
subpoena
him)
E. To
be
exempt
from
being
compelled
to
be
a
witness
against
himself
1. Subpoena
ad
testificandum
F. To
confront
and
cross-‐examine
the
witnesses
against
him
at
the
trial.
a. Failure
to
tender
kilometrage
a. Either
party
may
utilize
as
part
of
its
evidence
the
testimony
of
a
witness
b. Failure
to
tender
witness
fees
who
is:
2. Subpoena
deuces
tecum
i. Deceased,
a. Failure
to
tender
kilometrage
ii. Out
of
or
can
not
with
due
diligence
be
found
in
the
Philippines,
b. Failure
to
tender
witness
fees
iii. Unavailable,
or
otherwise
unable
to
testify
c. Failure
to
describe
the
books
to
be
presented
b. Given
in
another
case
or
proceeding
(judicial
or
administrative,
involving
d. Failure
to
tender
the
cost
of
production
the
same
parties
and
subject
matter)
è
the
adverse
party
having
the
opportunity
to
cross-‐examine
him.
Kilometrage
-‐
“if
you’re
within
100km
from
the
place
of
hearing
è
your
G. To
have
compulsory
process
issued
to
secure
the
attendance
of
witnesses
and
attendance
may
be
compelled,
if
you
refuse
è
bench
warrant”
production
of
other
evidence
in
his
behalf
Remedy
if
the
person
is
more
than
100km
away
H. To
have
speedy,
impartial
and
public
trial
I. To
appeal
in
all
cases
allowed
and
in
the
manner
prescribed
by
law
1. Deposition(Rule23)
–
civil
cases
2. Rule119(Sec(s)12,13&15)
IMPOSSIVIEW:
1.
Presumption
of
innocence
–
will
only
arise
when
the
person
accused
is
charged
with
a
criminal
Bench
warrant
–
is
a
warrant
issued
by
the
court
in
the
exercise
of
its
judicial
offense
authority
to
compel
the
attendance
of
a
person
in
court
“When
the
circumstances
are
capable
of
2
or
more
inferences,
one
of
which
is
consistent
with
the
Contempt
–
when
any
person
refuses
to
appear
in
court
or
to
testify
presumption
of
innocence,
while
the
other
is
compatible
with
guilt
è
the
presumption
of
Direct
Contempt
Indirect
Contempt
innocence
must
prevail
and
the
court
must
acquit”
(People
v
Dimalanta)
Grounds
Acts
of
disrespect
or
Failure
to
comply
with
the
è
The
evidence
of
the
prosecution
must
stand
or
fall
on
its
own
weight
and
cannot
be
disobedience
in
the
presence
of
subpoena
(Rule71Sec3)
allowed
to
draw
strength
from
the
weakness
of
the
defense
the
judge
or
in
court
Initiation
No
formal
complaint
required
1. Verified
petition
2.
Right
to
be
informed
of
the
nature
and
cause
of
the
accusation
against
him
è
irritation
will
suffice
filed
and
docketed
If
the
accused
does
not
know
the
local
language
or
even
English
è
there
should
be
an
authorized
separately
interpreter
to
satisfy
the
minimum
requirements
of
due
process
2. Formal
charge
by
the
court
motu
propio
3.
Right
to
a
counsel
Remedy
Certiorari
Appeal
Entitlement
to
a
counsel
5.
Confront
and
cross-‐examination
of
witnesses
1. Counsel
de
parte
–
is
a
counsel
of
choice
of
the
accused
Any
testimony
or
deposition
given
to
a
judicial
or
administrative
proceeding
may
be
presented
even
if
2. Counsel
de
officio
–
the
counsel
being
appointed
by
the
courts
the
witness
is
already
DEAD
or
UNAVAILABLE
or
even
it
was
obtained
for
a
DIFFERENT
a. Instances
of
appointment:
PROCEEDING
è
as
long
as
there
is
an
OPPORTUNITY
TO
CROSS-‐EXAMINE
(exception
to
the
i. During
arraignment
hearsay
rule
(Rule115Sec1(f)
in
relation
to
Rule130Sec47))
ii. For
purposes
of
trial
–
to
certify
that
the
accused
has
been
informed
of
his
right
to
counsel
and
his
right
to
a
counsel
de
6.
Right
against
self-‐incrimination
officio
before
the
records
are
elevated
on
appeal
“This
right
is
limited
only
to
ORAL
testimony”
–
communicative
in
essence
iii. If
the
accused
signs
his
appeal
by
himself
(Rule124Sec2)
“As
long
as
it
is
a
mechanical
act
and
it
does
not
involve
any
application
of
intellect
and
discretion,
it
iv. If
the
accused
is
in
prison
may
be
allowed
and
it
is
not
incriminating”
v. Appointment
by
the
SC
–
they
have
their
own
guidelines
and
it
is
2007
Rules
of
DNA
Evidence
–
shows
the
paternity
of
the
father
NOT
in
the
code
1. 99.9%
or
higher
–
disputable
presumption
2. Below
99.9%
-‐
corroborative
evidence
14
IMPOSSIBRU
NOTES
II
Crim
Pro
Memory
Aid
By:
James
Francis
Villanueva
Ugh…
life.
Atty.
Salvador
Francis
Xavier
Razon
3. Negative
paternity
–
conclusive
evidence
c.
The
pre-‐trial
conference
of
his
case
shall
be
held
within
10days
after
arraignment
Post-‐DNA
Conviction
–
there
can
be
a
Post-‐DNA
Conviction
examination
even
without
an
order
F. The
private
offended
party
shall
be
required
to
appear
at
the
arraignment
for
purposes
of:
if
such
examination
is
material
to
show
innocence
and
it
would
change
the
outcome
of
the
case
a. Plea
bargaining
(Habeas
Corpus
–
remedy
upon
proof
of
innocence)
b. Determination
of
civil
liability
c. Other
matters
requiring
his
presence
7.
Right
to
a
speedy
trial
è
In
case
of
failure
of
the
offended
party
to
appear
despite
due
notice,
“The
prosecution
cannot
invoke
the
right
to
speedy
trial
è
it
is
lodge
upon
the
defense
to
invoke
it”
i. The
court
may
allow
the
accused
to
enter
a
plea
of
guilty
to
a
lesser
“The
right
applies
only
to
criminal
proceedings
ècounter
part
is
Rule70Sec3
(failure
to
prosecute
in
offense
(which
is
necessarily
included
in
the
offense
charged
with
the
civil
cases)”
conformity
of
the
trial
prosecutor
alone)
G. Arraignment
è
held
within
30days
from
the
date
the
court
acquires
jurisdiction
over
the
Kinds
of
speedy
trial
person
of
the
accused
(unless
a
shorter
period
is
provided
by
special
law
or
Supreme
Court
circular)
1. Speedy
trial
under
the
rules
on
criminal
procedure
a. Excluded
in
computing
the
period
2. Speedy
disposition
of
cases
under
the
constitution
i. The
time
of
the
pendency
of
a
motion
to
quash
ii. The
time
of
the
pendency
of
a
bill
of
particulars
Speedy
Trial
(CrimPro)
Speedy
disposition
of
cases
iii. Other
causes
justifying
suspension
of
the
arraignment
(Consti)
Initiation
Anytime
before
trial
Anytime
as
long
as
the
action
is
IMPOSSIVIEW:
(Sec9Rule119)
pending
GR:
When
the
trial
proceeds
without
the
accused
being
arraigned,
which
renders
proceedings
Remedy
Rule65
–
“For
extraordinary
&
Habeas
Corpus
–
“Assuming
defective
compelling
reasons,
the
that
the
accused
remains
to
be
E:
“the
procedural
defect
was
cured
when
the
counsel
participated
in
the
trial
without
raising
any
availability
of
another
remedy
detained,
he
may
resort
to
a
objection
that
his
client
had
yet
to
be
arraigned.
In
fact,
his
counsel
cross-‐examined
the
prosecution
does
not
preclude
a
resort
to
a
petition
of
habeas
corpus”
witness;
moreover,
no
protest
was
made
when
the
appellant
was
subsequently
arraigned”
(People
v
special
civil
action
under
(Caballes
v
CA)
Trinidad)
Rule65”
(Lumanlao
v
Peralta)
“These
are
not
mutually
exclusive,
the
denial
of
one
does
not
bar
the
other”
“Any
objection,
defect
or
irregularity
attending
an
arrest
must
be
made
BEFORE
the
accused
enters
his
plea
or
arraignment
and
having
failed
to
move
for
the
quashing
of
information
against
him
before
arraignment,
the
appellant
is
estopped
from
questioning
the
legality
of
arrest”
(People
v
Astrologo)
“If
the
accused
keeps
on
failing
to
appear
for
arraignment
despite
repeated
notice,
the
case
may
be
RULE
116
–
ARRAIGNMENT
&
PLEA
archived
or
petition
for
provisional
dismissal”
Sec1
–
Arraignment
and
plea;
how
made
Kinds
of
plea
of
not
guilty
A. The
accused
must
be
arraigned
before
the
court
where
the
complaint
or
information
was
filed
or
assigned
for
trial.
1. Refusal
to
enter
a
plea
a. The
arraignment
shall
be
made
in
open
court
by
the
judge
or
clerk
by:
2. Plea
of
guilt
with
an
exculpatory
defense
or
self-‐defense
i. Furnishing
the
accused
with
a
copy
of
the
complaint
or
information
3. Conditional
plea
ii. Reading
the
same
in
the
language
or
dialect
known
to
him
iii. Asking
him
whether
he
pleads
guilty
or
not
guilty.
GR:
The
presence
of
the
offended
party
is
not
required
during
arraignment
b. The
prosecution
may
call
at
the
trial
witnesses
other
than
those
named
in
the
E:
When
the
accused
enters
a
plea
of
guilt
to
a
lesser
offense
(purpose
of
determining
civil
complaint
or
information.
liability)
or
when
required
by
courts
B. The
accused
must
be
present
at
the
arraignment
and
must
personally
enter
his
plea
Reason:
Because
the
offended
party
is
only
a
witness
for
the
state
(Complaining
witness)
a. Both
arraignment
and
plea
shall
be
made
of
record
(failure
to
do
so
shall
NOT
affect
the
validity
of
the
proceedings)
Commencement
of
arraignment
C. When
the
accused
refuses
to
plead
or
makes
a
conditional
plea
è
plea
of
not
guilty
D. When
the
accused
pleads
guilty
(but
presents
exculpatory
evidence)
è
plea
shall
be
1. If
the
accused
is
not
preventively
detained
deemed
withdrawn
è
plea
of
not
guilty
a. Within
30days
from
the
time
the
court
acquires
jurisdiction
over
the
E. When
the
accused
is
under
preventive
detention:
person
of
the
accused
and
WITHIN
such
30days
but
AFTER
arraignment
a. His
case
shall
be
raffled
there
should
be
PRE-‐TRIAL
(Rule116
Sec1(f)
in
relation
with
i. Its
records
transmitted
to
the
judge
to
whom
the
case
was
raffled
Rule118Sec1)
within
3days
from
the
filing
of
the
information
or
complaint
2. If
the
accused
is
preventively
detained
(3:10:10)
b. The
accused
shall
be
arraigned
within
10days
from
the
date
of
the
raffle
a. Within
3days
from
the
filing
of
the
information
è
the
case
will
be
raffled
15
IMPOSSIBRU
NOTES
II
Crim
Pro
Memory
Aid
By:
James
Francis
Villanueva
Ugh…
life.
Atty.
Salvador
Francis
Xavier
Razon
b. From
the
time
the
raffle
is
concluded
è
Within
10days,
arraignment
will
3.
Elicit
information
on
personality
profile
of
the
accused
(does
the
accused
really
be
scheduled
know
what
the
plea
is
all
about)
c. Within
10days
from
arraignment,
pre-‐trial
will
be
scheduled
4. Inform
the
accused
of
exact
length
of
imprisonment/nature
of
penalty
under
law
5. Require
the
accused
to
fully
narrate
the
incident
Sec2
–
Plea
of
guilty
to
a
lesser
offense
3. Plea
of
guilty
to
a
non-‐capital
offense
(Sec3)
–
hearing
is
not
mandatory,
it
is
required
when
determining
the
exact
penalty
for
the
offense
1. At
arraignment,
è
accused
(with
the
consent
of
the
offended
party
and
the
prosecutor)
4. Improvident
plea
(Sec4)
–
it
is
a
plea
of
guilt
where
the
consequence
thereof
is
not
a. May
be
allowed
by
the
trial
court
to
plead
guilty
to
a
lesser
offense
(which
is
known
to
the
accused
(the
accused
did
not
intelligently
enter
his
plea)
necessarily
included
in
the
offense
charged)
a. Improvident
plea
to
a
case
involving
a
penalty
of
Life
imprisonment/RP
2. After
arraignment
but
before
trial
è
accused
i. SC
will
not
render
judgment
but
will
only
remand
the
case
for
further
a. May
still
be
allowed
to
plead
guilty
to
the
said
lesser
offense
è
after
proceedings
withdrawing
his
plea
of
not
guilty
b. Improvident
plea
but
there
are
other
evidences
pointing
on
the
culpability
of
the
3. No
amendment
of
the
complaint
or
information
is
necessary
accused
i. The
SC
will
render
a
judgment
Sec3
–
Plea
of
guilty
to
capital
offense;
reception
of
evidence
“If
there
is
an
improvident
plea
but
there
are
evidences
sufficient
to
establish
his
guilt
-‐ When
the
accused
pleads
guilty
to
a
capital
offense,
the
court:
è
the
court
shall
NOT
disregarded
such
plea
and
render
judgment
based
on
the
o Shall
conduct
a
searching
inquiry
into
the
voluntariness
and
full
evidences
presented”
comprehension
of
the
consequences
of
his
plea
o Shall
require
the
prosecution
to
prove
his
guilt
and
the
precise
degree
of
Sec6
–
Duty
of
court
to
inform
accused
of
his
right
to
counsel
culpability
-‐ The
accused
may
present
evidence
in
his
behalf
-‐ Before
arraignment,
the
court:
o Shall
inform
the
accused
of
his
right
to
counsel
Sec4
–
Plea
of
guilty
to
non-‐capital
offense;
reception
of
evidence,
discretionary
o Ask
him
if
he
desires
to
have
one.
-‐ The
court
must
assign
a
counsel
de
oficio
to
defend
him,
unless:
-‐ When
the
accused
pleads
guilty
to
a
non-‐capital
offense,
the
court:
o The
accused
is
allowed
to
defend
himself
in
person
o May
receive
evidence
from
the
parties
(determine
the
penalty
to
be
o Has
employed
counsel
of
his
choice
imposed)
Sec7
–
Appointment
of
counsel
de
oficio
Sec5
–
Withdrawal
of
improvident
plea
of
guilty
-‐ The
court,
(considering
the
gravity
of
the
offense
and
the
difficulty
of
the
questions
-‐ At
any
time
before
the
judgment
of
conviction
becomes
final,
the
court:
that
may
arise)
shall
appoint
as
counsel
de
oficio:
o May
permit
an
improvident
plea
of
guilty
to
be
withdrawn
o Members
of
the
bar
in
good
standing
who,
(by
reason
of
their
experience
è
Substituted
by
a
plea
of
not
guilty
and
ability)
can
competently
defend
the
accused
-‐ Localities
where
such
members
of
the
bar
are
not
available,
the
court
may
appoint
IMPOSSIVIEW:
(Sec(s)2-‐5)
è
Any
person,
resident
of
the
province
(good
repute
for
probity
and
ability)
Kinds
of
plea
of
guilty
Sec8
–
Time
for
counsel
de
oficio
to
prepare
for
arraignment
1. Plea
of
guilt
to
a
lesser
offense
(Sec2)
–
Plea
bargaining
a. Even
if
the
offended
party
is
absent
(for
as
long
as
there
was
notice
to
the
-‐ If
counsel
de
oficio
is
appointed
during
the
arraignment:
offended
party
and
the
prosecution)
è
the
plea
may
proceed
(if
it
is
necessarily
o Shall
be
given
a
reasonable
time
to
consult
with
the
accused
as
to
his
plea
included
in
the
offense
charged)
(before
proceeding
with
the
arraignment)
b. May
plea
to
a
lesser
offense
after
arraignment
but
BEFORE
trial
2. Plea
of
guilt
to
a
capital
offense
(Sec3)
–
despite
the
plea
of
guilt,
there
is
a
mandatory
Sec9
–
Bill
of
particular
hearing
required
for
the
presentation
of
evidences
to
establish
the
exact
culpability
of
the
accused
-‐ The
accused
(before
arraignment)
o May
move
for
a
bill
of
particulars
è
enable
him
properly
to
plead
and
Guidelines
of
judges
for
searching
inquiries
(People
v
Ulit)
prepare
for
trial
-‐ The
motion
shall
specify:
1. Inquire
about
the
circumstances
on
custodial
and
preliminary
investigation
o The
alleged
defects
of
the
complaint
or
information
2. Ask
the
defense
counsel
whether
he
has
conferred
with
and
completely
o The
details
desired
explained
to
the
accused
the
consequences
of
his
plea
16
IMPOSSIBRU
NOTES
II
Crim
Pro
Memory
Aid
By:
James
Francis
Villanueva
Ugh…
life.
Atty.
Salvador
Francis
Xavier
Razon
IMPOSSIVIEW:
Bill
of
particulars
–
when
accused
asks
the
court
to
identify
the
defects
of
the
complaint
or
information
and
indicate
the
details
desired
RULE
117
–
MOTION
TO
QUASH
“A
party
required
to
submit
a
bill
of
particulars
may
appear
to
comply
but
in
essence
did
not
answer
Sec1
–
Time
to
move
to
quash
the
question
è
dismissal
of
the
case
(failure
to
comply
with
an
order
of
the
court)”
(Sec3Rule17)
(Virata
v
Sandiganbayan)
-‐ At
any
time
BEFORE
entering
his
plea
è
the
accused
may
move
to
quash
the
complaint
for
information
Sec10
–
Production
or
inspection
of
material
evidence
in
possession
of
prosecution
IMPOSSIVIEW:
-‐ Upon
motion
of
the
accused
showing
good
cause
and
with
notice
to
the
parties,
the
Motion
to
quash
–
filed
by
the
accused
before
plea
and
ideally
before
arraignment
questioning
the
court,
in
order
to
prevent:
efficacy
of
the
complaint/information
a. Surprise
b. Suppression
Sec2
–
Form
and
contents
c. Alteration
-‐ May
order
the
prosecution
to
produce
and
permit
the
inspection
and
copying
or
1. The
motion
to
quash
shall
be:
photographing
of:
a. In
writing
a. Any
written
statement
given
by
the
complainant
and
other
witnesses
in
any
b. Signed
by
the
accused
or
his
counsel
investigation
of
the
offense
(conducted
by
the
prosecution
or
other
investigating
c. Shall
distinctly
specify
its
factual
and
legal
grounds
officers)
2. The
court
shall
consider
no
ground
other
than
those
stated
in
the
motion
(except
lack
of
b. Any
designated
(not
otherwise
privileged):
jurisdiction
over
the
offense
charged)
a. Documents,
papers,
books,
accounts,
letters,
photographs,
objects,
or
tangible
things,
Sec3
–
Grounds
i. Constitutes
or
contains
evidence
material
to
any
matter
The
accused
may
move
to
quash
the
complaint
or
information
on
any
of
following
grounds:
involved
in
the
case
ii. In
the
possession
or
under
the
control
of
the
prosecution,
A. That
the
facts
charged
do
not
constitute
an
offense
police,
or
other
law
investigating
agencies
a. The
elements
of
the
act
does
not
constitute
an
offense
B. That
the
court
trying
the
case
has
no
jurisdiction
over
the
offense
charged
Sec11
–
Suspension
of
arraignment
a. The
court
must
look
into
the
allegations
of
the
information
to
know
whether
it
has
jurisdiction
or
not
-‐ Arraignment
may
be
suspended
in
the
following
cases
C. That
the
court
trying
the
case
has
no
jurisdiction
over
the
person
of
the
accused
a. The
accused
appears
to
be
suffering
from
an
unsound
mental
condition
D. That
the
officer
who
filed
the
information
had
no
authority
to
do
so
(effectively
renders
him
unable
to
fully
understand
the
charge
against
him
E. That
it
does
not
conform
substantially
to
the
prescribed
form
and
to
plead
intelligently
thereto)
a. Ex.
Written,
certified,
etc.
i. The
court
shall
order
his
mental
examination
F. That
more
than
one
offense
is
charged
(except
when
a
single
punishment
for
various
ii. If
necessary,
his
confinement
for
such
purpose
offenses
is
prescribed
by
law)
b. There
exists
a
prejudicial
question
G. That
the
criminal
action
or
liability
has
been
extinguished
c. A
petition
for
review
of
the
resolution
of
the
prosecutor
is
pending
at
a. Ex.
prescription
either
the
Department
of
Justice,
or
the
Office
of
the
President
H. That
it
contains
averments
which,
if
true,
would
constitute
a
legal
excuse
or
i. Period
of
suspension
must
NOT
exceed
60days
counted
from
justification
the
filing
of
the
petition
with
the
reviewing
office
a. Ex.
Self-‐defense
I. That
the
accused
has
been
previously
convicted
or
acquitted
of
the
offense
charged,
or
IMPOSSIVIEW:
the
case
against
him
was
dismissed
or
otherwise
terminated
(without
his
express
consent)
Instances
where
arraignment
is
suspended
IMPOSSIVIEW:
1. If
the
accused
is
of
unsound
mind
(right
to
be
informed)
“If
the
ground
is
granted,
the
court
can
order
for
its
amendment.
The
prosecution
will
be
given
some
2. Prejudicial
question
time
to
complete
the
information,
if
they
fail
to
do
so
è
dismissal”
3. Petition
for
review
with
the
DOJ
–
suspension
of
60days
a. If
the
DOJ
is
unable
to
complete
its
resolution
within
60days
è
the
court
will
Lack
of
authority
to
file
the
case
–
a
state
prosecutor
lacks
authority
if
there
is:
(Turingan
v
Garfin)
arraign
i. A
motion
must
be
submitted
to
inform
the
court
of
such
petition
for
1. No
directive
from
the
Secretary
of
justice
review
for
the
courts
to
be
aware
and
act
on
such
suspension
2. No
written
approval
of
the
information
by
the
city
prosecutor
17
IMPOSSIBRU
NOTES
II
Crim
Pro
Memory
Aid
By:
James
Francis
Villanueva
Ugh…
life.
Atty.
Salvador
Francis
Xavier
Razon
“A
prosecutor
must
certify
the
information
that
he
has
served
a
copy
of
the
complaint
to
the
accused,
Sec7
–
Former
conviction
or
acquittal;
double
jeopardy
who
was
then
the
respondent,
and
the
respondent-‐accused
was
given
an
opportunity
to
present
his
side”
1. When
an
accused
has
been
convicted/acquitted
or
the
case
against
him
dismissed/terminated
(without
his
express
consent)
è
upon
a
valid
What
to
not
to
allege
(on
the
part
of
the
prosecution)
complaint/information
or
other
formal
charge
(sufficient
in
form
and
substance)
to
sustain
a
conviction
and
after
the
accused
had
pleaded
to
the
charge
1. Self-‐defense
by
the
accused
a. The
conviction/acquittal/dismissal
of
the
case
shall
be
a
bar:
2. Mitigating
circumstances
i. To
another
prosecution
for
the
offense
charged,
or
3. 2
or
more
offenses
in
1
information
(unless
it
is
a
complex
crime)
ii. For
any
attempt
to
commit
the
same
or
frustration
thereof,
or
4. Double
jeopardy
iii. For
any
offense
which
necessarily
includes
or
is
necessarily
included
in
the
offense
charged
in
the
former
complaint
or
information
Sec4
–
Amendment
of
complaint
or
information
2. The
conviction
of
the
accused
shall
NOT
be
a
bar
to
another
prosecution
for
an
offense
which
necessarily
includes
the
offense
charged
in
the
former
complaint
or
information
1. If
the
motion
to
quash
is
based
on
an
alleged
defect
of
the
complaint
or
information
(can
under
any
of
the
following
instances:
be
cured
by
amendment)
a. The
graver
offense
developed
due
to
supervening
facts
(arising
from
the
same
a. The
court
shall
order
that
an
amendment
be
made
act
or
omission
constituting
the
former
charge)
2. If
it
is
based
on
the
ground
that
the
facts
charged
do
not
constitute
an
offense
b. The
facts
constituting
the
graver
charge
became
known
or
were
discovered
a. Prosecution
shall
be
given
an
opportunity
to
correct
the
defect
by
amendment
only
after
a
plea
was
entered
in
the
former
complaint
or
information
3. The
motion
shall
be
granted
c. The
plea
of
guilty
to
the
lesser
offense
was
made
without
the
consent
of
the
a. If
the
prosecution
fails
to
make
the
amendment
prosecutor
and
of
the
offended
party
(except
as
provided
in
Rule116Sec1(f))
b. The
complaint
or
information
still
suffers
from
the
same
defect
despite
the
3. When
the
accused
satisfies
or
serves
in
whole
or
in
part
the
judgment
amendment
a. He
shall
be
credited
with
the
same
in
the
event
of
conviction
for
the
graver
offense
Sec5
–
Effect
of
sustaining
the
motion
to
quash
IMPOSSIVIEW:
1. If
the
motion
to
quash
is
sustained
Requisites
of
double
jeopardy
a. The
court
may
order
that
another
complaint
or
information
be
filed
(except
as
provided
in
Sec6)
1. 1st
jeopardy
must
have
attached
prior
to
the
2nd
2. If
the
order
is
made
2. 1st
jeopardy
must
have
terminated
a. The
accused
(if
in
custody)
3. 2nd
jeopardy
must
be
for
the
same
offense
as
that
in
the
1st
i. Shall
not
be
discharged
unless
admitted
to
bail
3. If
no
order
is
made
or
if
having
been
made
(no
new
information
is
filed
within
the
time
Requisites
for
the
attachment
of
legal
jeopardy
specified
in
the
order
or
within
such
further
time
as
the
court
may
allow
for
good
cause)
a. The
accused,
if
in
custody,
1. A
court
with
competent
jurisdiction
i. Shall
be
discharged
(unless
he
is
also
in
custody
for
another
charge)
2. A
complaint/information
3. A
valid
plea
IMPOSSIVIEW:
4. Acquittal/conviction/
dismissal
(without
the
consent
of
the
accused)
Meritorious
motion
to
quash
Art3Sec21
1987
Constitution
-‐ Grant
for
lack
of
jurisdiction
–
re-‐filed
Termination
of
jeopardy
-‐ Grant
for
lack
of
authority
of
prosecution
–
re-‐filed
-‐ Double
jeopardy
–
cannot
re-‐file
1. Acquittal
-‐ Prescription
–
cannot
re-‐file
2. Final
conviction
-‐ Violation
of
speedy
trial
–
cannot
re-‐file
3. Dismissal
without
express
consent
of
the
accused
Sec6 – Order sustaining the motion to quash not a bar to another prosecution; exception Same evidence test (same offense)
-‐ An
order
sustaining
the
motion
to
quash
è
NOT
a
bar
to
another
prosecution
for
the
1. Whether
one
offense
is
identical
with
the
other
same
offense
(unless
the
motion
was
based
on
the
grounds
specified
in
Sec3(g)&(i))
2. Whether
it
is
an
attempt
or
frustration
of
the
other
3. Whether
one
offense
necessarily
includes
or
is
included
in
the
other
18
IMPOSSIBRU
NOTES
II
Crim
Pro
Memory
Aid
By:
James
Francis
Villanueva
Ugh…
life.
Atty.
Salvador
Francis
Xavier
Razon
Rules
(same
offense)
GR:
Dismissal
with
the
express
consent
of
the
accused
will
not
lead
to
a
double
jeopardy
E:
1. Statute
&
ordinance
è
offenses
need
not
be
the
same
however,
they
flow
from
the
same
act
è
double
jeopardy
1. Demurrer
to
evidence
2. Statute
&
statute/Stat
prov1
&
Stat
prov2
è1
act,
2
distinct
offenses
è
no
double
2. Dismissal
of
the
case
on
grounds
of
speedy
trial
jeopardy
a. VCO:
3. Supervening
Events
i. Vexatious
1. 1st
offense
existent
&
2nd
offense
existent
(at
the
same
time)
è
double
jeopardy
ii. Capricious
2. 1st
offense
existent
&
2nd
offense
supervened
è
no
double
jeopardy
iii. Oppressive
delays
b. Exclusions
(Rule119Sec3)
–
delays
caused
in
trial
other
than
delays
caused
by:
“If
facts
constituting
a
graver
offense
were
only
discovered
after
plea
è
no
double
jeopardy”
i. Petition
for
certiorari
Ex.
Tumultuous
affray,
after
plea
it
was
discovered
that
there
was
intent
to
kill
ii. Other
pending
cases
iii. Jurisdiction
over
the
person
of
the
accused
or
other
accused
Sec8
–
Provisional
dismissal
iv. Unsound
mind
v. Unavailability
or
absence
of
witnesses
1. A
case
shall
not
be
provisionally
dismissed
(except
with
the
express
consent
of
the
accused
è
As
long
as
the
prosecution
does
something,
the
court
ordinarily
and
with
notice
to
the
offended
party)
will
not
dismiss
2. Provisional
dismissal
(less
than
or
equal
to
6yrs
imprisonment/fine
(any
amount)/both)
a. Shall
become
permanent
1yr
after
issuance
of
the
order
without
the
case
Sec9
–
Failure
to
move
to
quash
or
to
allege
any
ground
therefor
having
been
revived
3. Provisional
dismissal
(more
than
6yrs)
-‐ The
failure
of
the
accused
to
assert
any
ground
of
a
motion
to
quash
before
he
pleads
a. Shall
become
permanent
2yrs
after
issuance
of
the
order
without
the
case
to
the
complaint
or
information
(did
not
file
a
motion
to
quash
or
failed
to
allege
the
having
been
revived
same
in
said
motion)
o Shall
be
deemed
a
waiver
of
any
objections
(except
those
under
IMPOSSIVIEW:
Sec3(a),(b),
(g)&(i))
Provisional
dismissal
–
dismissal
with
the
consent
of
the
accused
-‐ Any
dismissal
where
the
accused
consents
(express/implied)
and
it
is
TEMPORARY
in
character
-‐ Double
jeopardy
will
not
attach
è
acquittal/conviction/dismissal
WITHOUT
the
RULE
118
–
PRE-‐TRIAL
express
consent
of
the
accused
Sec1
–
Pre-‐trial;
mandatory
in
criminal
cases
§ Deals
with
dismissal
which
are
PERMANENT
in
nature
1. In
all
criminal
cases
cognizable
by
the
SB/RTC/MeTC/MT/MCTC,
2. The
court
shall,
after
arraignment
AND
within
30days
from
the
date
the
court
acquires
Notice
to
the
offended
party
è
will
not
suffice
jurisdiction
over
the
person
of
the
accused,
(unless
a
shorter
period
is
provided
for
in
special
laws/circulars
of
the
SC),
order
a
pre-‐trial
conference
to
consider
the
following:
-‐ The
notice
of
dismissal
should
also
be
given
to
the
PUBLIC
PROSECUTOR
(it
is
the
a. Plea
bargaining
prosecutor
who
shall
revive
the
case
and
not
the
offended
party)
b. Stipulation
of
facts
(not
mandatory,
no
obligation
to
stipulate)
–
to
do
away
with
§ The
period
will
only
commence
to
run
once
the
public
proving
the
same
again
in
trial
prosecutor
receives
the
notice
c. Marking
for
identification
of
evidence
of
the
parties
d. Waiver
of
objections
to
admissibility
of
evidence
Motion
to
quash
v
Provisional
dismissal
e. Modification
of
the
order
of
trial
if
the
accused
admits
the
charge
but
interposes
Motion
to
quash
Provisional
dismissal
a
lawful
defense
Filed
by
the
accused
Filed
either
by
the
accused/prosecution/both
f. Such
matters
as
will
promote
a
fair
and
expeditious
trial
of
the
criminal
and
civil
Forms
and
contents
(Sec2)
Sec2
–
not
applicable
to
provisional
dismissal
aspects
of
the
case
Assails
the
validity
of
a
criminal
Grounded
on
reasons
other
than
the
defects
of
complaint/information
the
complaint/information
IMPOSSIVIEW:
“All
witnesses
should
be
named
in
the
pre-‐trial
brief
and
all
documents
must
be
marked.
Otherwise,
it
Allowed
before
arraignment/plea
May
be
made
anytime
even
during
trial
will
not
be
allowed
by
court
unless,
in
the
interest
of
justice”
The
information
quashed
è
stays
quashed
until
A
provisional
dismissal
by
its
own
terms
è
is
an
it
is
revived
impairment
until
the
time-‐bar
applies
19
IMPOSSIBRU
NOTES
II
Crim
Pro
Memory
Aid
By:
James
Francis
Villanueva
Ugh…
life.
Atty.
Salvador
Francis
Xavier
Razon
Kinds
of
preliminary
conference
IMPOSSIVIEW:
Rules
on
absences
1. Preliminary
conference
under
the
Guidelines
and
Modes
of
Discovery
of
2004
(before
the
clerk
of
court;
summary
procedure)
1. If
the
accused
is
absent
during
pre-‐trial
è
he
prosecution
CANNOT
present
evidence
ex-‐
a. Marking
of
evidences
(preliminary
marking)
parte
è
violation
of
due
process
a. Evidence
will
have
value
during
trial
è
not
yet
considered
as
a. Evidence
ex-‐parte
applies
only
to
civil
cases
“evidence”
in
its
strict
sense
(authenticated,
examined,
identified,
etc.)
2. If
the
prosecution/offended
party
is
absent
è
the
case
will
not
be
affected
b. Admissions
a. The
offended
party
is
only
a
complaining
witness
c. Naming
of
witnesses
b. Sanctions/penalties
may
be
charged
against
him
d. Identification
of
trial
dates
2. Preliminary
conference
in
the
CA
(Rule48)
Sec4
–
Pre-‐trial
order
3. Preliminary
conference
in
the
SC
a. Stipulation
of
facts
in
cases
of
original
actions
-‐ After
the
pre-‐trial
conference
the
court
shall
issue
an
order
reciting:
b. Grant
for
motion
for
new
trial
o The
actions
taken
o The
facts
stipulated
GR:
You
cannot
compromise
criminal
cases
è
an
offer
of
compromise
of
an
accused
is
an
admission
of
o Evidence
marked
liability
(Rule130Sec27)
-‐ Such
order
shall:
(unless
modified
by
the
court
to
prevent
manifest
injustice)
E:
Judicial
dispute
resolution
of
2006
è
certain
criminal
offenses
that
by
its
nature
are
allowed
by
o Bind
the
parties,
the
SC
to
be
compromised
as
to
its
CIVIL
ASPECT
o Limit
the
trial
to
matters
not
disposed
of
1. Theft
o Control
the
course
of
the
action
during
the
trial
2. Libel
3. B.P.22
IMPOSSIVIEW:
4. Criminal
negligence
“The
matters
agreed
upon
during
the
pre-‐trial
conference
as
stated
in
the
pre-‐trial
order
shall
bind
the
parties”
(People
v
Guzman)
“If
the
civil
aspect
is
compromised
–
the
criminal
case
will
not
be
dismissed
but
the
defense
must
obtain
an
affidavit
of
desistance
from
the
offended
party
(not
because
the
offended
party
is
no
longer
interested
but
to
show
that
the
crime
was
not
actually
committed)”
“The
accused
must
not
move
for
the
dismissal
of
the
case
based
from
the
compromise
è
let
the
RULE
119
–
TRIAL
prosecution
be
the
one
to
move
the
affidavit
è
for
double
jeopardy
to
bar
another
prosecution
for
Sec1
–
Time
to
prepare
for
trial
the
same
offense”
Sec2
–
Pre-‐trial
agreement
-‐ After
a
plea
of
not
guilty
is
entered
(Accused)
o Shall
have
at
least
15days
to
prepare
for
trial.
1. All
agreements
or
admissions
made
or
entered
during
the
pre-‐trial
conference
shall
be:
-‐ The
trial
shall
commence
within
30days
from
receipt
of
the
pre-‐trial
order
a. Reduced
in
writing
b. Signed
by
the
accused
and
counsel
Sec2
–
Continuous
trial
until
terminated;
postponements
è
Otherwise,
they
cannot
be
used
against
the
accused
2. The
agreements
covering
the
matters
referred
to
in
Sec1
shall
be
approved
by
the
court
-‐ Trial
once
commenced
o Shall
continue
from
day
to
day
as
far
as
practicable
until
terminated
IMPOSSIVIEW:
§ It
may
be
postponed
for
a
reasonable
period
of
time
for
good
cause
Rules
on
admissions
by
the
accuses
(People
v
Ancheta)
-‐ The
court
(after
consultation
with
the
prosecutor
and
defense
counsel)
o Set
the
case
for
continuous
trial
on
a
weekly
or
other
short-‐term
trial
calendar
at
1. Must
be
in
writing
the
earliest
possible
time
(to
ensure
speedy
trial)
2. Signed
by
the
accused
and
his
counsel
§ Shall
not
exceed
180days
from
the
1st
day
of
trial
(except
as
Sec3
–
Non-‐appearance
at
pre-‐trial
conference
otherwise
authorized
by
the
SC)
-‐ The
time
limitations
provided
under
this
section
and
the
preceding
section
-‐ If
the
counsel
for
the
accused
or
the
prosecutor:
o Shall
not
apply
where
special
laws
or
circulars
of
the
Supreme
Court
provide
for
o Does
not
appear
at
the
pre-‐trial
conference
a
shorter
period
of
trial
o Does
not
offer
an
acceptable
excuse
for
his
lack
of
cooperation
è
The
court
may
impose
proper
sanctions
or
penalties
20
IMPOSSIBRU
NOTES
II
Crim
Pro
Memory
Aid
By:
James
Francis
Villanueva
Ugh…
life.
Atty.
Salvador
Francis
Xavier
Razon
Sec3
–
Exclusions
c. Failure
to
obtain
available
witnesses
on
the
part
of
the
prosecutor
The
following
periods
of
delay
shall
be
excluded
in
computing
the
time
within
which
trial
must
IMPOSSIVIEW:
commence:
Grounds
for
continuance:
A. Other
proceedings
concerning
the
accused
(non-‐exclusive)
1. WON
to
grant
a
continuance
will
lead
to
the
miscarriage
of
justice
a. Examination
of
the
physical
and
mental
condition
of
the
accused
2. WON
the
issues
presented
in
the
civil
case
is
so
novel/unusual/complex
that
it
will
b. Proceedings
with
respect
to
other
criminal
charges
against
the
accused
require
more
time
for
the
parties
and
their
counsel
to
prepare
c. Extraordinary
remedies
against
interlocutory
orders
d. Pre-‐trial
proceedings
(the
delay
shall
not
exceed
30days)
Sec5
–
Time
limit
following
an
order
for
new
trial
e. Orders
of
inhibition/change
of
venue
of
cases/transfer
from
other
courts
f. Prejudicial
question
-‐ If
the
accused
is
to
be
tried
again
pursuant
to
an
order
for
a
new
trial
g. Accused
is
actually
under
advisement
(the
delay
shall
not
exceed
30days)
o Trial
shall
commence
within
30days
from
notice
of
the
order
B. Absence
or
unavailability
of
an
essential
witness
-‐ If
the
period
becomes
impractical
due
to
unavailability
of
witnesses
and
other
factors
a. Considered
absent
–
when
his
whereabouts
are
unknown
or
cannot
be
o The
court
may
extend
it
(shall
not
exceed
180days
from
notice
of
said
order
for
determined
by
due
diligence
a
new
trial)
b. Considered
unavailable
–
whenever
his
whereabouts
are
known
but
his
presence
for
trial
cannot
be
obtained
by
due
diligence
Sec6
–
Extended
time
limit
C. Mental
incompetence
or
physical
inability
of
the
accused
to
stand
trial
Arraignment
to
trial
time
limits
(reckoning
point:
from
Sept.
15,
1998)
D. If
the
information
is
dismissed
upon
motion
of
the
prosecution
and
thereafter
a
charge
is
filed
against
the
accused
for
the
same
offense
1. 1st
twelve-‐calendar-‐month
period
–
180days
a. Any
period
of
delay
from
the
date
the
charge
was
dismissed
to
the
date
the
time
2. 2nd
twelve-‐month
period
–
120days
limitation
would
commence
to
run
as
to
the
subsequent
charge
had
there
been
3. 3rd
twelve-‐month
period
–
80days
no
previous
charge
è
Notwithstanding
the
provisions
of
Sec1(g)Rule116&Sec1Rule119
E. Accused
is
joined
for
trial
with
a
co-‐accused
(over
whom
the
court
has
not
acquired
jurisdiction)
or
as
to
whom
the
time
for
trial
has
not
run
and
no
motion
for
separate
trial
IMPOSSIVIEW:
has
been
granted
The
110-‐day
limit
from
arraignment
to
trial
F. Continuance
granted
by
any
court
motu
proprio,
or
on
motion
of
either
the
accused/counsel/prosecution
a. If
the
court
granted
the
continuance
on
the
basis
of
its
findings
set
forth
in
the
Within
30days
è
Within
80
days
order
that
the
ends
of
justice
served
by
taking
such
action
outweigh
the
best
Arraignment
+
pre-‐tial
Trial
interest
of
the
public
and
the
accused
in
a
speedy
trial
IMPOSSIVIEW: Sec7 – Public attorney's duties where accused is imprisoned
Exclusions – the portions of delay, which is excluded from the time required by law to complete a case
è Burden of proof is upon the prosecution to prove that the exclusions are present 1. If the public attorney assigned to defend the accused knows that the latter is preventively
detained, either because he is charged with a:
Sec4 – Factors for granting continuance a. Bailable crime è no means to post bail
b. Non-‐bailable crime
Factors that shall be considered by a court in determining whether to grant a continuance under c. Serving a term of imprisonment in any penal institution
Sec3(f)Rule119 2. It shall be his duty to do the following:
a. Shall promptly undertake to obtain the presence of the prisoner for trial or cause
1. Whether or not the failure to grant a continuance in the proceeding would make: a notice to be served on the person having custody of the prisoner è advise the
a. A continuation of such proceeding impossible prisoner of his right to demand trial
b. Result in a miscarriage of justice b. Upon receipt of that notice (custodian of the prisoner)
2. Whether or not the case taken as a whole: i. Shall promptly advise the prisoner of the charge and of his right to
a. Is novel/unusual and complex è due to the number of accused or the nature of demand trial
the prosecution ii. If prisoner informs his custodian that he demands such trial
b. Unreasonable to expect adequate preparation within the periods of time 1. The latter shall cause notice to that effect to be sent
established therein promptly to the public attorney
3. Continuance under Sec3(f)Rule119 shall NOT be granted: c. Upon receipt of such notice (public attorney)
a. Congestion of the court's calendar i. Shall promptly seek to obtain the presence of the prisoner for trial
b. Lack of diligent preparation
21
IMPOSSIBRU NOTES II Crim Pro Memory Aid By: James Francis Villanueva
Ugh… life. Atty. Salvador Francis Xavier Razon
d. When the custodian of the prisoner receives è properly supported request for Sec11 – Order of trial
the availability of the prisoner for purposes of trial The trial shall proceed in the following order:
i. The prisoner shall be made available accordingly
A. The prosecution
Sec8 – Sanctions a. Present evidence to prove the charge
In any case in which private counsel for the accused/the public attorney/the prosecutor: b. Civil liability (in proper cases)
B. The accused
A. Knowingly allows the case to be set for trial (without disclosing that a necessary witness a. Present evidence to prove his defense and damages (arising from the issuance of
would be unavailable for trial) a provisional remedy in the case)
B. Files a motion solely for delay (knows is totally frivolous and without merit) C. The prosecution and the defense
C. Makes a statement for the purpose of obtaining continuance (knows to be false and material a. May in that order, present rebuttal and sur-‐rebuttal evidence
to the granting of a continuance) i. Unless the court permits them to present additional evidence bearing
D. Willfully fails to proceed to trial without justification è the court may punish such upon the main issue
counsel/attorney/prosecutor: D. Upon admission of the evidence of the parties
a. Imposing on a counsel privately retained in connection with the defense of an a. The case shall be deemed submitted for decision
accused i. Unless the court directs them to argue orally or to submit written
i. Fine not exceeding P20,000.00 memoranda
b. Imposing on any appointed counsel de officio/public attorney/prosecutor E. When the accused admits the act or omission charged in the complaint or information
i. Fine not exceeding P5,000.00 but interposes a lawful defense
c. Denying any defense counsel/prosecutor the right to practice before the court a. The order of trial may be modified
trying the case for a period not exceeding 30days
IMPOSSIVEIW:
IMPOSSIVIEW: Order of presentation of evidence – the order may be reversed when the accused presents self-‐
Private counsel Not exceeding 20,000 fine Not exceeding 30days defense or exculpatory defenses (subject to the courts discretion)
prevention
Counsel de oficio/Public Not exceeding 5,000 fine Not exceeding 30days 1. The prosecution presents evidence
attorney prevention 2. The accused presents evidence
3. Presentation of rebuttal and sur-‐rebuttal evidence
a. Rebuttal – (subject to the discretion of the court) these are new matters
Sec9 – Remedy where accused is not brought to trial within the time limit presented by the accused in its presentation of evidence (ex. alibi, self-‐defense,
prescription, etc.)
-‐ If the accused is not brought to trial within the time limit required by Sec1(g)Rule 116 4. Memoranda/memorandum
&Sec1 as extended by Sec6Rule119 5. Resolution
The information may be dismissed on motion of the accused èdenial of right
o
to speedy trial Sec12 – Application for examination of witness for accused before trial
§ The accused è burden of proving the motion
§ The prosecution è burden of going forward with the evidence to -‐ When the accused has been held to answer for an offense
establish the exclusion of time under Sec3 o He may (upon motion with notice to the other parties) è have witnesses
o The dismissal shall be subject to the rules on double jeopardy conditionally examined in his behalf
-‐ Failure of the accused to move for dismissal prior to trial è waiver of the right to dismiss -‐ The motion shall state:
under this section o Name and residence of the witness
o Substance of his testimony
Sec10 – Law on speedy trial not a bar to provision on speedy trial in the Constitution o The witness is:
§ Sick
-‐ No provision of law on speedy trial and no rule implementing the same shall be interpreted § Infirm (reasonable ground for believing that he will not be able to
as a bar to any charge of denial of the right to speedy trial guaranteed by Sec14(2)Art3 attend the trial)
1987 Constitution § Resides more than 100km from the place of trial and has no means
to attend the same
§ Other similar circumstances exist (unavailable/prevented to
appear)
è The motion shall be supported by an affidavit of the accused and such other evidence as
the court may require
22
IMPOSSIBRU
NOTES
II
Crim
Pro
Memory
Aid
By:
James
Francis
Villanueva
Ugh…
life.
Atty.
Salvador
Francis
Xavier
Razon
Sec13
–
Examination
of
defense
witness;
how
made
Sec16
–
Trial
of
several
accused
-‐ If
the
court
is
satisfied
that
the
examination
of
a
witness
for
the
accused
is
necessary
-‐ When
two
or
more
accused
are
jointly
charged
with
an
offense
o Order
shall
be
made
directing
that
the
witness
be
examined
at
a
o Tried
jointly
§ Specific
date
-‐ Unless
the
court
(discretion
and
upon
motion
of
the
prosecutor/any
accused)
§ Time
o
Separate
trial
for
one
or
more
accused
§
Place
§ That
a
copy
of
the
order
be
served
on
the
prosecutor
at
least
3days
Sec17
–
Discharge
of
accused
to
be
state
witness
before
the
scheduled
examination
-‐ The
examination
shall
be
taken
before:
(in
the
order
of
practicability)
-‐ When
two
or
more
persons
are
jointly
charged
with
the
commission
of
any
offense
o A
judge
(upon
motion
of
the
prosecution
before
resting
its
case)
the
court
may:
o A
member
of
the
Bar
è
designated
by
the
judge
o Direct
one
or
more
of
the
accused
to
be
discharged
(with
their
consent)
AFTER
o Inferior
court
è
if
the
order
be
made
by
a
court
of
superior
jurisdiction
requiring
the
prosecution
to
present
evidence
è
to
be
a
state
witness
under
the
-‐ The
examination
shall
PROCEED
notwithstanding
the
absence
of
the
prosecutor
è
must
be
following
conditions:
duly
notified
of
the
hearing
§ Absolute
necessity
for
the
testimony
of
the
accused
whose
discharge
-‐ A
written
record
of
the
testimony
shall
be
taken
is
requested
§ No
other
direct
evidence
available
for
the
proper
prosecution
of
the
Sec14
–
Bail
to
secure
appearance
of
material
witness
offense
committed
(except
the
testimony
of
said
accused)
• There
is
no
one
who
could
possibly
identify
and
say
that
-‐ When
the
court
is
satisfied
that
a
material
witness
will
not
testify
when
required
the
crime
was
committed
o May
order
(upon
motion
of
either
party)
the
witness
to
post
bail
in
such
sum
as
§ The
testimony
of
said
accused
è
can
be
substantially
corroborated
may
be
deemed
proper
in
its
material
points
-‐ Upon
refusal
to
post
bail
• Other
evidences
that
shall
prove
the
crime
o The
court
shall
commit
him
to
prison
è
until
he
complies,
or
is
legally
§ Said
accused
does
not
appear
to
be
the
most
guilty
discharged
after
his
testimony
has
been
taken
§ Said
accused
has
not
at
any
time
been
convicted
of
any
offense
involving
moral
turpitude
Sec15
–
Examination
of
witness
for
the
prosecution
-‐ Evidence
adduced
in
support
of
the
discharge
shall
automatically
form
part
of
the
trial
o If
the
court
denies
the
motion
for
discharge
of
the
accused
as
state
witness
è
-‐ When
it
satisfactorily
appears
that
a
witness
for
the
prosecution
is:
his
sworn
statement
shall
be
inadmissible
in
evidence
o Too
sick
or
infirm
to
appear
at
the
trial
o Has
to
leave
the
Philippines
(no
definite
date
of
return)
Sec18
–
Discharge
of
accused
operates
as
acquittal
-‐ He
may
forthwith
be
conditionally
examined
è
before
the
court
where
the
case
is
pending
-‐ Such
examination
(in
the
presence/absence
of
the
accused
(after
notice))
-‐ The
order
indicated
in
the
preceding
section
o Conducted
in
the
same
manner
as
an
examination
of
the
trial
o Shall
amount
to
an
acquittal
(from
all
liabilities)
of
the
discharged
accused
-‐ Failure/refusal
of
the
ACCUSED
to
attend
the
examination
after
notice
o Shall
be
a
bar
to
future
prosecution
for
the
same
offense
o Shall
be
considered
a
waiver
-‐ Unless
the
accused
fails/refuses
to
testify
against
his
co-‐accused
in
accordance
with
his
-‐ The
statement
taken
may
be
admitted
in
behalf
of/against
the
accused
sworn
statement
constituting
the
basis
for
his
discharge
IMPOSSIVIEW: (Sec(s)12,13&15) IMPOSSIVIEW: (Sec(s)17&18)
Conditional examination of witnesses “The only instance where the testimony of a discharged accused/discharged witness may be
For the accused For the prosecution disregarded by the court is when he deliberately fails to testify truthfully in court, in accordance with
Grounds 1. Sick/infirm/unavailable 1. Sick/infirm/unavailable his commitment è the court can disregard his discharge as a state witness and there will be no
2. Resides more than 100km 2. About to depart from the acquittal” (Monghe v People)
Phil. w/no definite date of
return Discharge under the witness protection program
Made before: 1. Any judge in the Phil. 1. Before the court or judge
2. Inferior court (directed by a where the case is pending • Covered by the witness program
superior court) • Discharged by the DOJ
3. Any member of the bar in • Double jeopardy will not apply
good standing • Exclusion of an accuse
• Considered as an ordinary witness (he is still liable, liability may be mitigated only)
23
IMPOSSIBRU
NOTES
II
Crim
Pro
Memory
Aid
By:
James
Francis
Villanueva
Ugh…
life.
Atty.
Salvador
Francis
Xavier
Razon
Sec19
–
When
mistake
has
been
made
in
charging
the
proper
offense
o Shall
not
be
reviewable
by
appeal/by
certiorari
before
judgment
-‐ When it becomes manifest (any time before judgment)
o Mistake has been made in charging the proper offense IMPOSSIVIEW:
o Accused cannot be convicted of the offense charged or any other offense Demurrer in civil and criminal cases
necessarily included therein Civil cases Criminal cases
-‐ The accused shall not be discharged (if there appears good cause to detain him) When to file After the plaintiff completes the After the prosecution has
o The court shall commit the accused to answer for the proper offense and dismiss presentation of his evidence rested its case
the original case upon the filing of the proper information Leave of court Not required 1. LOC (granted) + DTE
(denied) – no add’l
Sec20 – Appointment of acting prosecutor evidences
2. LOC (denied) + DTE
-‐ When a prosecutor/his assistant/deputy è disqualified to act under Sec1Rule137/ any (granted) – no add’l
other reason evidences
o The judge/prosecutor shall communicate with the Secretary of Justice in order 3. LOC (granted) + DTE
that the latter may appoint an acting prosecutor (granted) – add’l
evidences
Sec21 – Exclusion of the public Filing of certiorari (Rule65) or GADALEJ + MR No appeal/certiorari (wait until
Appeal the completion/conclusion of
-‐ The judge may, motu proprio è exclude the public from the courtroom (if the evidence to the main case
be produced is offensive to decency or public morals) Effect of grant Dismissal of the cases Acquittal of the accused
-‐ He may also (on motion of the accused) è exclude the public from the trial (except court “In criminal cases, demurrer of evidence partakes the nature of a motion to dismiss è failure to
personnel and the counsel of the parties) prove the guilt of the accused beyond reasonable doubt” (Salazar v People)
Sec22 – Consolidation of trials of related offenses “When the accused files a demurrer without a leave of court è waiver of right to present evidence
and submits the case for decision on the basis of the evidence of the prosecution”
-‐ Charges for offenses founded on the same facts or forming part of a series of offenses of
similar character è tried jointly at the discretion of the court “If the demurrer is granted and the accused is acquitted by the court, the accused has the right to
adduce evidence on the civil aspect of the case”
Sec23 – Demurrer to evidence
Sec24 – Reopening
-‐ After the prosecution rests its case è the court may dismiss the action on the ground of
insufficiency of evidence -‐ At any time (before finality of the judgment of conviction) the judge may, motu
o On its own initiative (after giving the prosecution the opportunity to be heard) proprio/upon motion (with hearing in either case)
o Upon demurrer to evidence (filed by the accused with/without leave of court) o Reopen the proceedings to avoid a miscarriage of justice.
-‐ If the court denies the demurrer to evidence filed with leave of court -‐ The proceedings shall be terminated within 30days from the order granting it
o The accused may adduce evidence in his defense
-‐ When the demurrer to evidence is filed without leave of court
o The accused waives the right to present evidence and submits the case for
judgment on the basis of the evidence for the prosecution
-‐ The motion for leave of court to file demurrer to evidence RULE 120 – JUDGMENT
o Shall specifically state its grounds Sec1 – Judgment; definition and form
o Shall be filed within a non-‐extendible period of 5days after the prosecution rests
its case -‐ Judgment – is the adjudication by the court that the accused is guilty or not guilty of the
o The prosecution may oppose the motion within a non-‐extendible period of 5days offense charged and the imposition on him of the proper penalty and civil liability, if any
-‐ If leave of court is granted o It must be written:
o The accused shall file the demurrer to evidence within a non-‐extendible period of § Official language
10days from notice § Personally and directly prepared by the judge
o The prosecution may oppose the demurrer to evidence within a similar period § Signed by him
from its receipt o Shall contain clearly and distinctly a statement of the facts and the law upon
-‐ The order denying the motion for leave of court to file demurrer to evidence/the demurrer which it is based
itself
24
IMPOSSIBRU NOTES II Crim Pro Memory Aid By: James Francis Villanueva
Ugh… life. Atty. Salvador Francis Xavier Razon
IMPOSSIVIEW: Sec4 – Judgment in case of variance between allegation and proof
Judgment – is the final adjudication on the merits of the case è it is required by law that it is the
judge himself who pens the decision (immutable or unalterable) -‐ When there is variance between the offense charge in the complaint/information è than
Interlocutory order – there is no final disposition of the case è there still something to be done that the one proved (offense as charged is included in/necessarily includes the offense
proved)
“There is a valid judgment even if judge who penned the decision only took over from a colleague who o The accused shall be convicted of the offense proved (which is included in the
earlier presided over the trial è as long as the judge who rendered the judgment at that time had offense charged, or of the offense charged which is included in the offense
authority” (Resayo v People) proved)
“The fact that the judge who penned the decision was not the judge who heard the testimony of the
witness is not enough reason to overturn the findings of fact of the trial court, or even their Sec5 – When an offense includes or is included in another
admissibility” (People v Gallarde)
-‐ Offense charged (former)
Sec2 – Contents of the judgment o Includes the offense proved (latter)
§ When some of the essential elements/ingredients of the former (as
-‐ If the judgment is of conviction, it shall state: alleged in the complaint or information) constitute the latter
o The legal qualification of the offense (acts committed by the accused and the o Included in the offense proved (latter)
aggravating/mitigating circumstances which attended its commission) § When the essential ingredients of the former constitute/form part of
o The participation of the accused in the offense those constituting the latter
(principal/accomplice/accessory)
o The penalty imposed upon the accused Sec6 – Promulgation of judgment
o The civil liability/damages caused by his act or omission (unless the civil
liability by a separate civil action has been reserved or waived) -‐ The judgment is promulgated
-‐ In case the judgment is of acquittal, it shall state: o By reading it in the presence of the accused and any judge of the court in which it
o Evidence of the prosecution absolutely failed to prove the guilt of the accused was rendered
o Failed to prove his guilt beyond reasonable doubt o If the conviction is for a light offense
-‐ In either case, the judgment shall: § Judgment may be pronounced in the presence of his
o Determine if the act or omission from which the civil liability might arise did not counsel/representative
exist o When the judge is absent/outside the province/city
§ Judgment may be promulgated by the clerk of court
IMPOSSIVIEW: -‐ If the accused is confined/detained in another province/city
Contents of a judgment: o Judgment may be promulgated by the executive judge of the RTC having
jurisdiction over the place of confinement/detention (upon request of the court
1. Offense committed which rendered the judgment)
2. Penalty to be imposed -‐ The court promulgating the judgment
3. Participation of the accused (principal, accomplice or accessory) o Shall have authority to:
4. Aggravating/mitigating circumstances § Accept the notice of appeal
5. If it is for acquittal: § Approve the bail bond pending appeal
a. Statement of complete non-‐liability o If the trial court convicted the accused from a non-‐bailable to bailable offense
b. Failure to prove guilt beyond reasonable doubt § The application for bail è can only be filed and resolved by the
6. Statement of the existence/non-‐existence of civil liability appellate court
-‐ The proper clerk of court shall:
Sec3 – Judgment for two or more offenses o Give notice to the accused personally/bondsman/warden and counsel
o Requiring him to be present at the promulgation of the decision
-‐ When two or more offenses are charged in a single complaint or information (accused -‐ If the accused was tried in absentia (jumped bail/escaped from prison)
fails to object to it before trial) the court may: o The notice to him shall be served at his last known address
o Convict him of as many offenses as are charged and proved -‐ If the accused fails to appear at the scheduled date of promulgation of judgment
o Impose on him the penalty for each offense (setting out separately the findings o The promulgation shall be made by recording the judgment in the criminal
of fact and law in each offense) docket and serving him a copy thereof at his last known address/counsel
-‐ If the judgment is for conviction and the failure of the accused to appear was without
justifiable cause
o He shall lose the remedies available in these rules against the judgment
o The court shall order his arrest.
-‐ Within 15days from promulgation of judgment
25
IMPOSSIBRU NOTES II Crim Pro Memory Aid By: James Francis Villanueva
Ugh… life. Atty. Salvador Francis Xavier Razon
o The accused may surrender and file a motion for leave of court to avail of these RULE 121 – NEW TRIAL OR RECONSIDERATION
remedies Sec1 – New trial or reconsideration
o He shall state the reasons for his absence è if he proves that his absence was for
a justifiable cause -‐ The court may, on motion of the accused/at its own instance + consent of the accused (at
§ He shall be allowed to avail of said remedies within 15days from any time before a judgment of conviction becomes final) è grant a new trial or
notice reconsideration
IMPOSSIVIEW: Sec2 – Grounds for a new trial
Promulgation of judgment – the accused has to be present in the trial court for the reading of The court shall grant a new trial on any of the following grounds:
judgment è it is the duty of the court to inform the bondsman if the accused is out on bail at the date
of the promulgation (promulgation in criminal cases is different in the CA/SC è presence is not A. That errors of law or irregularities prejudicial to the substantial rights of the accused
required) have been committed during the trial
If the accused escaped or jumped bail – it will be sent to the last known address B. That new and material evidence has been discovered which the accused could not with
If the accused is absent on the date of promulgation è forfeits all of his remedies reasonable diligence have discovered and produced at the trial è if introduced and
è He must present himself within 15days from promulgation to avail such remedies admitted would probably change the judgment
GR: The accused must be present during the promulgation of judgment
IMPOSSIVIEW:
E: Light offenses è the presence of the accused is not required
Grounds for a new trial
Civil case Criminal case
Sec7 – Modification of judgment
1. FAME 1. Errors of fact or irregularities in the
a. Fraud proceedings that will prejudice the
-‐ A judgment of conviction may, upon motion of the accused may be: (before it becomes final
b. Accident rights of the accused
or before appeal is perfected)
c. Mistake 2. Newly discovered evidence
o Modified
d. Excusable negligence
o Set aside
2. Newly discovered evidence
-‐ Except where the death penalty is imposed, a judgment becomes final:
Requisites of newly discovered evidence:
o After the lapse of the period for perfecting an appeal,
o When the sentence has been partially or totally satisfied or served
1. The evidence is material
o When the accused has waived in writing his right to appeal
2. It wasn't available during trial despite of diligence
o Applied for probation
3. To consider such evidence will change the outcome of the case
Sec8 – Entry of judgment
Sec3 – Ground for reconsideration
-‐ After a judgment has become final è entered in accordance with Rule36
-‐ The court shall grant reconsideration on the ground of errors of law or fact in the judg-‐
o Entry in the books of judgment that only produces the dispositive portion of the
ment (which requires no further proceedings)
case è formalizes the defeat
IMPOSSIVIEW:
Sec9 – Existing provisions governing suspension of sentence, probation and parole not
Grounds for a MR
affected by this Rule
Civil case Criminal case
-‐ Nothing in this Rule shall affect any existing provisions in the laws governing suspension of Errors of fact or law which require no further Judgment is contrary to law, it is not supported
sentence/probation/parole proceedings by evidence or the amount of damages awarded
is excessive
Sec4 – Form of motion and notice to the prosecutor
-‐ The motion for new trial or reconsideration
o Shall be in writing
o Shall state the grounds on which it is based
-‐ If based on a newly-‐discovered evidence
26
IMPOSSIBRU
NOTES
II
Crim
Pro
Memory
Aid
By:
James
Francis
Villanueva
Ugh…
life.
Atty.
Salvador
Francis
Xavier
Razon
o The
motion
è
must
be
supported
by
affidavits
of
witnesses
by
whom
such
RULE
122
–
APPEAL
evidence
is
expected
to
be
given
or
by
duly
authenticated
copies
of
documents
Sec1
–
Who
may
appeal
which
are
proposed
to
be
introduced
in
evidence
-‐ Notice
of
the
motion
for
new
trial
or
reconsideration
-‐ Any
party
may
appeal
from
a
judgment
or
final
order
(unless
the
accused
will
be
placed
in
o Shall
be
given
to
the
prosecutor
double
jeopardy)
Sec5 – Hearing on motion Sec2 – Where to appeal
The appeal may be taken as follows:
-‐ Where a motion for new trial calls for resolution of any question of fact è the court may
hear evidence thereon by affidavits or otherwise -‐ To the RTC (cases decided by the MeTC/MTC/MCTC)
-‐ To the CA/SC in the proper cases provided by law (cases decided by the RTC)
Sec6 – Effects of granting a new trial or reconsideration -‐ To the SC (cases decided by the CA)
The effects of granting a new trial or reconsideration are the following: Sec3 – How appeal taken
A. When
a
new
trial
is
granted
on
the
ground
of
errors
of
law
or
irregularities
committed
A. Appeal
to
the
RTC/CA
(cases
decided
by
the
RTC
in
its
original
jurisdiction)
during
the
trial
a. Shall
be
taken
by
filing
a
notice
of
appeal
with
the
court
which
rendered
the
a. All
the
proceedings
and
evidence
affected
thereby
shall
be
set
aside
and
taken
judgment
or
final
order
appealed
from
anew
b. By
serving
a
copy
thereof
upon
the
adverse
party
b. The
court
may
(in
the
interest
of
justice)
è
allow
the
introduction
of
additional
B. Appeal
to
the
CA
(cases
decided
by
the
RTC
in
its
appellate
jurisdiction)
evidence
a. Shall
be
by
petition
for
review
under
Rule42
B. When
a
new
trial
is
granted
on
the
ground
of
newly-‐discovered
evidence
i. In
relation
to
Sec8&9Rule122
a. The
evidence
already
adduced
è
shall
stand
ii. MTCèRTCèCA
(a
petition
for
review
may
only
be
filed
if
the
RTC
b. Newly-‐discovered
and
such
other
evidence
as
the
court
may,
(in
the
interest
of
decided
the
case
in
its
appellate
jurisdiction;
PP:15days)
justice,
allow
to
be
introduced)
C. Appeal
to
the
SC
(cases
where
the
penalty
imposed
by
the
RTC)
is
death/RP/
life
i. Shall
be
taken
and
considered
together
with
the
evidence
already
in
imprisonment
or
where
a
lesser
penalty
is
imposed
è
offenses
committed
on
the
same
the
record
occasion
or
which
arose
out
of
the
same
occurrence
that
gave
rise
to
the
more
serious
C. In
all
cases,
when
the
court
grants
new
trial
or
reconsideration
offense
for
which
the
penalty
of
death/RP/life
imprisonment
is
imposed
a. The
original
judgment
è
shall
be
set
aside/vacated
a. Shall
be
by
filing
a
notice
of
appeal
in
accordance
with
Sec3(a)Rule122
b. New
judgment
rendered
accordingly
i. Death
penalty
-‐
Before
the
case
may
be
elevated
to
the
SC
è
CA
will
render
intermediate
review
(they
will
render
a
decision
but
will
not
IMPOSSIVIEW:
enter
a
decision)
Rules
on
MR
or
MNT
ii. Sec13Rule124
–
the
only
instance
where
you
could
file
a
notice
of
Motion
for
reconsideration
Motion
for
new
trial
appeal
to
the
CA
(penalty
of
life
imprisonment/RP)
Civil
case
Criminal
case
Civil
case
Criminal
case
D. No
notice
of
appeal
is
necessary
Period
of
filing
Within
the
Within
the
Within
the
Within
the
a. Death
penalty
is
imposed
by
the
RTC
è
automatically
reviewed
by
the
SC
reglementary
regelementary
regelementary
regelementary
(Sec10Rule122)
period
period
period
period
E. All
other
appeals
to
the
SC
(except
as
provided
in
the
last
paragraph
of
Sec13Rule124)
Filed
in
CA
Yes
(Rule53)
–
Yes
a. Shall
be
by
petition
for
review
on
certiorari
under
Sec9Rule45
newly
discovered
(Sec13Rule124)
evidence
–
newly
IMPOSSIVIEW:
(From
anytime
discovered
Notice
of
appeal
–
is
a
short
document
stating
that
the
accused
received
the
decision
and
his
the
appeal
is
evidence
payment
of
the
docket
fees
perfected
until
(From
anytime
Ordinary
appeal
–
an
appeal
that
only
has
one
step
the
CA
lose
the
appeal
is
Record
on
appeal
–
it
is
a
compilation
in
a
sequential
order
of
all
the
pleadings
and
orders
of
that
jurisdiction)
perfected
until
court
whose
judgment
is
in
question
è
can
only
be
filed
in
special
proceedings
in
cases
involving
the
CA
lose
multiple
appeals
è
may
be
filed
in
civil
cases
but
NOT
in
criminal
cases
jurisdiction)
Filed
in
SC
Court’s
discretion
Court’s
discretion
27
IMPOSSIBRU
NOTES
II
Crim
Pro
Memory
Aid
By:
James
Francis
Villanueva
Ugh…
life.
Atty.
Salvador
Francis
Xavier
Razon
Kinds
of
ordinary
appeals
Sec7
–
Transcribing
and
filing
notes
of
stenographic
reporter
upon
appeal
Appeals
from
the
RTC
to
the
CA
Appeals
from
the
MTC
to
the
RTC
Civil
case
Criminal
case
Civil
case
Criminal
case
-‐ When
notice
of
appeal
is
filed
by
the
accused
(Rule40)
(Rule41)
o The
trial
court
Period
of
filing
15days
(notice
of
15days
(notice
of
15days
(notice
of
15days
(notice
of
o Shall
direct
the
stenographic
reporter
to
transcribe
his
notes
of
the
proceedings
appeal)
or
appeal)
appeal)
or
appeal)
-‐ When
filed
by
the
People
of
the
Philippines
30days(record
30days(record
o The
trial
court
on
appeal)
on
appeal)
§ Shall
direct
the
stenographic
reporter
to
transcribe
such
portion
of
his
Perfection
of
Notice
of
appeal
–
Notice
of
appeal
–
Notice
of
appeal
–
Notice
of
appeal
–
notes
of
the
proceedings
as
the
court,
upon
motion,
shall
specify
in
appeal
upon
filing
&
upon
filing
&
upon
filing
&
upon
filing
&
writing
payment
of
the
payment
of
the
payment
of
the
payment
of
the
o The
stenographic
reporter
docket
fees
docket
fees
docket
fees
docket
fees
§ Shall
certify
to
the
correctness
of
the
notes
and
the
transcript
thereof
Record
on
appeal
Record
on
appeal
è
Original
and
4copies
–
upon
the
–
upon
the
§ Shall
file
said
original
and
4copies
with
the
clerk
(without
approval
of
the
approval
of
the
unnecessary
delay)
court
court
-‐ If
death
penalty
is
imposed
Loss
of
After
the
After
the
After
the
After
the
o The
stenographic
reporter
(within
30days
from
promulgation
of
sentence)
jurisdiction
expiration
of
the
expiration
of
the
expiration
of
the
expiration
of
the
§ Shall
file
with
the
clerk
the
original
and
4copies
of
the
duly
certified
period
of
the
period
of
the
period
of
the
period
of
the
transcript
of
his
notes
of
the
proceedings
other
party
to
other
party
to
other
party
to
other
party
to
o No
extension
of
time
for
filing
of
said
transcript
of
stenographic
notes
shall
be
appeal
appeal
appeal
appeal
granted
(except
by
the
SC
and
only
upon
justifiable
grounds)
Conduct
of
Sec7Rule44
–
Sec3Rule124
–
Sec7Rule40
Sec9Rule122
proceedings
Appellant’s
brief
Appellant’s
brief
Memorandum
or
Memorandum
or
Sec8
–
Transmission
of
papers
to
appellate
court
upon
appeal
(Presentation
of
(45days)
(30days)
brief
brief
evidence)
Sec9Rule44
–
Sec4Rule124
–
(15days)
(15days)
-‐ Within
5days
from
the
filing
of
the
notice
of
appeal,
reply
to
reply
to
o Clerk
of
the
court
with
whom
the
notice
of
appeal
was
filed
must
transmit
to
the
appellant’s
brief
appellant’s
brief
clerk
of
court
of
the
appellate
court
(20days)
(30days)
§ The
complete
record
of
the
case
+
said
notice
§ The
original
and
3copies
of
the
transcript
of
stenographic
notes
+
records
Sec4
–
Publication
of
notice
of
appeal
è
The
other
copy
of
the
transcript
shall
remain
in
the
lower
court
-‐ If
personal
service
of
the
copy
of
the
notice
of
appeal
can
not
be
made
upon
the
adverse
Sec9
–
Appeal
to
the
Regional
Trial
Courts
party
or
his
counsel
service
may
be
done
by:
o Registered
mail
A. Within
5days
from
perfection
of
the
appeal
o Substituted
service
under
Sec(s)7&8Rule13
a. The
clerk
of
court
è
shall
transmit
the
original
record
to
the
appropriate
RTC
B. Upon
receipt
of
the
complete
record
of
the
case
transcripts
and
exhibits
Sec5
–
Waiver
of
notice
a. The
clerk
of
court
of
the
RTC
è
shall
notify
the
parties
of
such
fact
C. Within
15days
from
receipt
of
said
notice
-‐ Appellee
–
may
waive
his
right
to
a
notice
that
an
appeal
has
been
taken
a. The
parties
may
or
may
be
required
by
the
RTC
to
submit
memoranda/briefs
-‐ The
appellate
court
(in
its
discretion)
b. After
the
submission
of
such
memoranda/briefs
or
upon
the
expiration
of
the
o Entertain
an
appeal
(notwithstanding
failure
to
give
such
notice
if
the
interests
period
to
file
the
same
of
justice
so
require)
i. RTC
è
shall
decide
the
case
on
the
basis
of
the
entire
record
of
the
case
and
of
such
memoranda/briefs
as
may
have
been
filed
Sec6
–
When
appeal,
to
be
taken
Sec10
–
Transmission
of
records
in
case
of
death
penalty
-‐ Appeal
–
must
be
taken
within
15days
from
promulgation
of
the
judgment/from
notice
of
the
final
order
appealed
from
-‐ In
all
cases
where
the
death
penalty
is
imposed
by
the
trial
court
-‐ This
period
for
perfecting
an
appeal
shall
be
suspended:
o The
records
shall
be
forwarded
to
the
CA
è
automatic
review
and
judgment
o From
the
time
a
MNT/MR
is
filed
until
notice
of
the
order
overruling
the
motion
within
20days
but
not
earlier
than
15days
(from
the
promulgation
of
the
has
been
served
upon
the
accused
or
his
counsel
(at
which
time
the
balance
of
judgment/notice
of
denial
of
a
MR/MNT)
the
period
begins
to
run)
28
IMPOSSIBRU
NOTES
II
Crim
Pro
Memory
Aid
By:
James
Francis
Villanueva
Ugh…
life.
Atty.
Salvador
Francis
Xavier
Razon
-‐ The
transcript
shall
also
be
forwarded
within
10days
after
the
filing
thereof
by
the
RULE
123
–
PROCEDURE
IN
THE
MTC
stenographic
reporter
Sec1
–
Uniform
Procedure
Sec11
–
Effect
of
appeal
by
any
of
several
accused
-‐ The
procedure
to
be
observed
in
the
MeTC/MTC/MCTC
o Shall
be
the
same
as
in
the
RTC
(except
where
a
particular
provision
applies
only
A. An
appeal
taken
by
one
or
more
of
several
accused
to
either
of
said
courts
and
in
criminal
cases
governed
by
the
Revised
Rule
on
a. Shall
not
affect
those
who
did
not
appeal
(except
insofar
as
the
judgment
of
the
Summary
Procedure)
appellate
court
is
favorable
and
applicable
to
the
latter)
B. The
appeal
of
the
offended
party
from
the
civil
aspect
a. Shall
not
affect
the
criminal
aspect
of
the
judgment/order
appealed
from
C. Upon
perfection
of
the
appeal
a. The
execution
of
the
judgment/final
order
appealed
from
shall
be
stayed
as
to
RULE
124
–
PROCEDURE
IN
THE
CA
the
appealing
party
Sec1
–
Title
of
the
case
IMPOSSIVIEW:
-‐ In
all
criminal
cases
appealed
to
the
Court
of
Appeals,
“Appeal
is
applicable
only
insofar
as
the
judgment
is
favorable
and
applicable
to
the
accused
è
o The
party
appealing
the
case
è
"appellant"
even
if
the
accused
did
not
appeal,
but
his
co-‐accused
appealed
and
its
favorable
è
applies
to
or
o Adverse
party
è
"appellee"
covers
the
non-‐appealing
accused”
(Lubrica
v
People)
o The
title
of
the
case
shall
remain
as
it
was
in
the
court
of
origin
“If
the
one
accused
appealed
but
it
was
denied
and
his
co-‐accused
appealed
and
it
was
granted
è
the
favorable
decision
if
favor
of
the
other
does
not
apply
to
the
accused
who’s
appeal
was
denied”
Sec2
–
Appointment
of
counsel
de
oficio
for
the
accused
Sec12
–
Withdrawal
of
appeal
-‐ If
it
appears
from
the
record
of
the
case
as
transmitted
that:
o The
accused
is
confined
in
prison
-‐ (Notwithstanding
perfection
of
the
appeal)
RTC/MeTC/MTC/MCTC
o Is
without
counsel
de
parte
on
appeal
o May
allow
the
appellant
to
withdraw
his
appeal
BEFORE
the
record
has
been
o Has
signed
the
notice
of
appeal
himself
forwarded
by
the
clerk
of
court
to
the
proper
appellate
court
as
provided
in
o è
The
clerk
of
court
of
the
Court
of
Appeals
shall
designate
a
counsel
de
oficio
Sec8Rule122
è
judgment
shall
become
final
-‐ An
appellant
who
is
(not
confined
in
prison)
-‐ The
RTC
may
also
(in
its
discretion)
o Upon
request,
be
assigned
a
counsel
de
oficio
within
10days
from
receipt
of
the
o Allow
the
appellant
from
the
judgment
of
a
MeTC,/MTC/MCTC
è
withdraw
his
notice
to
file
brief
and
he
establishes
his
right
thereto
appeal
§ Provided
a
motion
to
that
effect
is
filed
BEFORE
rendition
of
the
Sec3
–
When
brief
for
appellant
to
be
filed
judgment
in
the
case
on
appealè
judgment
of
the
court
of
origin
shall
become
final
and
the
case
shall
be
remanded
to
the
latter
court
for
-‐ Within
30days
from
receipt
by
the
appellant
or
his
counsel
of
the
notice
from
the
clerk
of
execution
of
the
judgment
court
of
the
CA
that
the
evidence/oral
and
documentary
è
already
attached
to
the
record
o The
appellant
è
shall
file
7copies
of
his
brief
with
the
clerk
of
court
+
proof
of
Sec13
–
Appointment
of
counsel
de
oficio
for
accused
on
appeal
service
of
2copies
thereof
upon
the
appellee
-‐ Duty
of
the
clerk
of
the
trial
court,
upon
filing
of
a
notice
of
appeal
Sec4
–
When
brief
for
appellee
to
be
filed;
reply
brief
of
the
appellant
o (If
confined
in
prison)
to
ascertain
from
the
appellant
è
whether
he
desires
the
RTC/CA/SC
to
appoint
a
counsel
de
oficio
to
defend
him
-‐ Within
30days
from
receipt
of
the
brief
of
the
appellant
o To
transmit
with
the
record
on
a
form
to
be
prepared
by
the
clerk
of
court
of
the
o The
appellee
appellate
court
è
a
certificate
of
compliance
with
this
duty
and
of
the
response
§ Shall
file
7copies
of
the
brief
of
the
appellee
with
the
clerk
of
court
+
of
the
appellant
to
his
inquiry
proof
of
service
of
2copies
thereof
upon
the
appellant
-‐ Within
20days
from
receipt
of
the
Brief
of
the
appellee
o The
appellant
§ May
file
a
reply
brief
traversing
matters
raised
in
the
former
but
not
covered
in
the
brief
of
the
appellant
29
IMPOSSIBRU
NOTES
II
Crim
Pro
Memory
Aid
By:
James
Francis
Villanueva
Ugh…
life.
Atty.
Salvador
Francis
Xavier
Razon
Sec5
–
Extension
of
time
for
filing
briefs
Sec12
–
Power
to
receive
evidence
-‐ Extension
of
time
for
the
filing
of
briefs
will
not
be
allowed
except:
-‐ The
Court
of
Appeals
shall
have
the
power
to
try
cases
and
conduct
hearings,
receive
o For
good
and
sufficient
cause
and
only
if
the
motion
for
extension
is
filed
evidence
and
perform
any
and
all
acts
necessary
to
resolve
factual
issues
raised
in
cases:
BEFORE
the
expiration
of
the
time
sought
to
be
extended
o Falling
within
its
original
jurisdiction
o Involving
claims
for
damages
arising
from
provisional
remedies
Sec6
–
Form
of
briefs
o Where
the
court
grants
a
new
trial
based
only
on
the
ground
of
newly-‐
discovered
evidence
-‐ Briefs
-‐
shall
either
be
printed/encoded/typewritten
(double
space
on
legal
size),
good
quality
unglazed
paper,
330x216mm
Sec13
–
Certification
or
appeal
of
case
to
the
SC
Sec7
–
Contents
of
brief
A. Whenever
the
CA
finds
that
the
penalty
of
death
should
be
imposed
a. The
court
shall
render
judgment
but
refrain
from
making
an
entry
of
judgment
-‐ Briefs
in
criminal
cases
è
shall
have
the
same
contents
as
provided
in
Sec13&14Rule44.
b. Certify
the
case
and
elevate
its
entire
record
to
the
SC
for
review
-‐ A
certified
true
copy
of
the
decision
or
final
order
appealed
from
shall
be
appended
to
the
B. When
the
judgment
also
imposes
a
lesser
penalty
for
offenses
committed
è
on
the
brief
of
the
appellant
same
occasion/same
occurrence
that
gave
rise
for
the
penalty
of
death
to
be
imposed
and
the
accused
appeals
Sec8
–
Dismissal
of
appeal
for
abandonment
or
failure
to
prosecute
a. The
appeal
shall
be
included
in
the
case
certified
for
review
to
the
SC
C. In
cases
where
CA
imposes
RP/life
imprisonment/lesser
penalty
-‐ CA
may
(upon
motion
of
the
appellee
or
motu
proprio)
+
notice
to
the
appellant
in
either
a. It
shall
render
a
judgment
imposing
such
penalty
è
may
be
appealed
to
the
SC
case
(notice
of
appeal
filed
in
CA)
o Dismiss
the
appeal
è
appellant
fails
to
file
his
brief
within
the
time
prescribed
by
this
Rule
(except
where
the
appellant
is
represented
by
a
IMPOSSIVIEW:
counsel
de
oficio)
“When
the
penalty
to
be
imposed
is
death
è
CA
will
only
render
a
judgment
but
NOT
enter
it
(the
-‐ CA
may
also
(upon
motion
of
the
appellee
or
motu
proprio)
power
to
review
death
cases
is
given
only
by
the
Constitution
to
the
SC)”
(People
v
Mateo)
o Dismiss
the
appeal
è
appellant
escapes
from
prison/confinement,
jumps
bail
or
flees
to
a
foreign
country
during
the
pendency
of
the
appeal
Rules
of
appeal
in
SB
Sec9
–
Prompt
disposition
of
appeals
1. On
appeal
or
if
the
penalty
is
below
death/RP/life
imprisonment
a. Petition
for
review
on
certiorari
under
Rule45
to
the
SC
-‐ Appeals
of
accused
who
are
under
detention
2. For
original
cases
and
the
penalty
is
RP/life
imprisonment
o Shall
be
given
precedence
in
their
disposition
over
other
appeals
a. Notice
of
appeal
and
it
will
be
elevated
to
the
SC
-‐ The
CA
shall
hear
and
decide
the
appeal
at
the
earliest
practicable
time
with
due
regard
to
3. For
original
cases
and
the
penalty
is
death
the
rights
of
the
parties
a. Automatic
review
by
the
SC
o The
accused
need
not
be
present
in
court
during
the
hearing
of
the
appeal
4. Appealed
cases
and
the
penalty
is
death/RP/life
imprisonment
a. SB
will
render
a
judgment
but
will
not
enter
Sec10
–
Judgment
not
to
be
reversed
or
modified
except
for
substantial
error
Sec14
–
Motion
for
new
trial
-‐ No
judgment
shall
be
reversed/modified
unless
the
CA
(after
an
examination
of
the
record
and
of
the
evidence
adduced
by
the
parties)
-‐ At
any
time
AFTER
the
appeal
from
the
lower
court
has
been
perfected
and
BEFORE
the
o Is
of
the
opinion
that
error
was
committed
which
injuriously
affected
the
judgment
of
the
CA
convicting
the
appellant
becomes
final
substantial
rights
of
the
appellant
o The
latter
may
move
for
a
new
trial
è
newly-‐discovered
evidence
material
to
his
defense
(shall
conform
with
the
provisions
of
Sec4Rule121)
Sec11
–
Scope
of
judgment
Sec15
–
Where
new
trial
conducted
-‐ The
Court
of
Appeals
may:
o Reverse
-‐ When
a
new
trial
is
granted
o Affirm
o CA
may
conduct
the
hearing
and
receive
evidence
as
provided
in
Sec2Rule124
or
o Modify
the
judgment
refer
the
trial
to
the
court
of
origin
o Increase/reduce
the
penalty
imposed
by
the
trial
court
o Remand
the
case
to
the
RTC
for
new
trial/retrial
o Dismiss
the
case
30
IMPOSSIBRU
NOTES
II
Crim
Pro
Memory
Aid
By:
James
Francis
Villanueva
Ugh…
life.
Atty.
Salvador
Francis
Xavier
Razon
Sec16
–
Reconsideration
RULE
125
–
SEARCH
AND
SEIZURE
Sec1
–
Search
warrant
defined
-‐ MR
è
shall
be
filed
within
15days
from
notice
of
the
decision
or
final
order
of
the
CA
+
Search
warrant
copies
thereof
served
upon
the
adverse
party
(setting
forth
the
grounds
in
support
thereof)
-‐ The
mittimus
è
shall
be
stayed
during
the
pendency
of
the
MR
-‐ Order
in
writing
-‐ No
party
shall
be
allowed
a
2nd
MR
of
a
judgment
or
final
order
-‐ Issued
in
the
name
of
the
People
of
the
Philippines
-‐ Signed
by
a
judge
Sec17
–
Judgment
transmitted
and
filed
in
trial
court
-‐ Directed
to
a
peace
officer
è
commanding
him
to
search
for
personal
property
described
therein
and
bring
it
before
the
court
-‐ When
the
entry
of
judgment
of
the
CA
is
issued
o A
certified
true
copy
of
the
judgment
shall
be
attached
to
the
original
record
IMPOSSIVIEW:
which
shall
be
remanded
to
the
clerk
of
the
court
from
which
the
appeal
was
Search
warrant
–
is
a
legal
process
employed
by
the
state
to
procure
relevant
evidences.
It
is
a
police
taken
weapon
issued
in
the
name
of
the
state
and
it
has
been
likened
to
be
a
writ
of
discovery
(United
Laboratories
v
Isip)
Sec18
–
Application
of
certain
rules
in
civil
procedure
to
criminal
cases
Sec2
–
Court
where
application
for
search
warrant
shall
be
filed
-‐ The
provisions
of
Rules42,44–46&48–56
relating
to
procedure
in
the
CA
and
in
the
SC
in
An
application
for
search
warrant
shall
be
filed
with
the
following:
original
and
appealed
civil
cases
o Shall
be
applied
to
criminal
cases
insofar
as
they
are
applicable
and
not
A. Any
court
within
whose
territorial
jurisdiction
a
crime
was
committed
inconsistent
with
the
provisions
of
Rule124
B. For
compelling
reasons
stated
in
the
application
a. Any
court
within
the
judicial
region
where
the
crime
was
committed
(if
the
place
of
the
commission
of
the
crime
is
known)
b. Any
court
within
the
judicial
region
where
the
warrant
shall
be
enforced
C. If
the
criminal
action
has
already
been
filed
RULE
125
–
PROCEDURE
IN
THE
SC
a. Application
shall
only
be
made
in
the
court
where
the
criminal
action
is
pending
Sec1
–
Uniform
procedure
IMPOSSIVIEW:
-‐ (Unless
otherwise
provided
by
the
Constitution
or
by
law)
the
procedure
in
the
SC
in
“The
executive
judge
and
whenever
they
are
on
official
leave
of
absence
or
not
physically
present
in
the
original
and
in
appealed
cases
shall
be
the
same
as
in
the
CA
station
è
the
vice
executive
judge
of
the
RTC
of
Manila
and
QC
è
shall
have
authority
to
act
on
applications
filed
by
the
NBI/PNP/Anti-‐Crime
Task
Force/illegal
gambling/illegal
possession
of
Sec2
–
Review
of
decisions
of
the
Court
of
Appeals
firearms/comprehensive
dangerous
drugs
or
2002/intellectual
property
code/
anti-‐money
laundering/tariff
and
customs
code
è
if
granted,
may
be
served
anywhere
in
the
Phil.”
-‐ The
procedure
for
the
review
by
the
SC
of
decisions
in
criminal
cases
rendered
by
the
CA
shall
be
the
same
as
in
civil
cases
“If
the
nature
of
the
violation
is
a
transitory/continuing
offense
è
the
warrant
may
be
applied
in
any
court
where
the
elements
of
the
alleged
crime
was
committed”
(Sony
v
Supergreen)
Sec3
–
Decision
if
opinion
is
equally
divided
Sec3
–
Personal
property
to
be
seized
-‐ When
the
SC
en
banc
is
equally
divided
in
opinion
or
the
necessary
majority
cannot
be
had
A
search
warrant
may
be
issued
for
the
search
and
seizure
of
personal
property:
on
whether
to
acquit
the
appellant
è
the
case
shall
again
be
deliberated
upon
o If
no
decision
is
reached
after
re-‐deliberation
è
the
judgment
of
conviction
of
A. Subject
of
the
offense
the
lower
court
shall
be
reversed
and
the
accused
acquitted
B. Stolen/embezzled/other
proceeds/fruits
of
the
offense
C. Used
or
intended
to
be
used
as
the
means
of
committing
an
offense
Sec4
–
Requisites
for
issuing
search
warrant
-‐ Probable
cause
-‐ One
specific
offense
-‐ Determined
personally
by
the
judge
-‐ After
examination
under
oath
or
affirmation
of
the
complainant
and
the
witnesses
he
may
produce
-‐ Particularly
describing
the
place
to
be
searched
and
the
things
to
be
seized
which
may
be
anywhere
in
the
Philippines
31
IMPOSSIBRU
NOTES
II
Crim
Pro
Memory
Aid
By:
James
Francis
Villanueva
Ugh…
life.
Atty.
Salvador
Francis
Xavier
Razon
Sec5
–
Examination
of
complainant;
record
Sec12
–
Delivery
of
property
and
inventory
thereof
to
court;
return
and
proceedings
thereon
The
judge
must,
before
issuing
the
warrant:
A. The
officer
must
deliver:
-‐ Personally
examine
in
the
form
of
searching
questions
and
answers
a. The
property
seized
(to
the
judge
who
issued
the
warrant)
-‐ In
writing
and
under
oath
è
the
complainant
and
the
witnesses
he
may
produce
on
facts
b. A
true
inventory
thereof
(duly
verified
under
oath)
personally
known
to
them
B. 10days
after
issuance
of
the
search
warrant
è
the
issuing
judge
shall:
-‐ Attach
to
the
record
their
sworn
statements,
together
with
the
affidavits
submitted
a. Ascertain
if
the
return
has
been
made
i. If
none
è
shall
summon
the
person
to
whom
the
warrant
was
issued
Sec6
–
Issuance
and
form
of
search
warrant
and
require
him
to
explain
why
no
return
was
made.
ii. If
the
return
has
been
made
è
ascertain
whether
Sec11Rule126
has
-‐ If
the
judge
is
satisfied
of
the
existence
of
facts
upon
which
the
application
is
based
or
that
been
complied
with
and
shall
require
that
the
property
seized
be
there
is
probable
cause
to
believe
that
they
exist
è
he
shall
issue
the
warrant
(which
must
delivered
to
him
be
substantially
in
the
form
prescribed
by
these
Rules)
b. See
to
it
that
Sec11(a)
has
been
complied
with
C. The
return
on
the
search
warrant
Sec7
-‐
Right
to
break
door
or
window
to
effect
search
a. Shall
be
filed
and
kept
by
the
custodian
of
the
log
book
on
search
warrants
who
The
officer
è
if
refused
admittance
to
the
place
of
directed
search
after
giving
notice
of
his
purpose
shall
enter
therein
the
date
of
the
return,
the
result,
and
other
actions
of
the
and
authority
judge
D. A
violation
of
this
section
shall
constitute
contempt
of
court
-‐ May
break
open
any
outer
or
inner
door/window
of
a
house/any
part
of
a
house/anything
therein
to
execute
the
warrant/liberate
himself
or
any
person
lawfully
aiding
him
when
IMPOSSIVIEW:
unlawfully
detained
therein
Procedure
of
inventory
in
Dangerous
drugs
cases
Sec8
–
Search
of
house,
room,
or
premises
to
be
made
in
presence
of
two
witnesses
1. Coordinate
with
the
PDEA
è
to
secure
a
coordination
report
in
order
to
prepare
for
a
buy-‐
No
search
of
a
house,
room,
or
any
other
premises
shall
be
made
except:
bust
operation
2. Assuming
the
buy-‐bust
operation
was
successful
è
inventory
should
be
made
at
the
scene
-‐ In
the
presence
of
the
lawful
occupant
thereof
or
any
member
of
his
family
of
the
crime
to
make
sure
that
there
is
a
proper
chain
of
custody
(from
the
time
of
seizure
-‐ (In
the
absence
of
the
occupants/family
members)
2witnesses
of
sufficient
age
and
up
to
the
time
of
presentation
in
court)
discretion
(residing
in
the
same
locality)
3. A
physical
science
report
must
be
submitted
è
determine
the
nature
of
the
substance
and
the
examination
must
be
completed
within
a
period
of
24hrs
(unless
the
quantity
is
so
Sec9
–
Time
of
making
search
huge,
it
may
be
extended)
-‐ The
warrant
must
direct
that
it
be
served
in
the
daytime
(unless
the
affidavit
asserts
that
Sec13
–
Search
incident
to
lawful
arrest
the
property
is
on
the
person
or
in
the
place
ordered
to
be
searched
è
direction
may
be
inserted
that
it
be
served
at
any
time
of
the
day
or
night)
-‐ A
person
lawfully
arrested
è
may
be
searched
for
dangerous
weapons
or
anything
which
may
have
been
used
or
constitute
proof
in
the
commission
of
an
offense
(without
a
search
Sec10
–
Validity
of
search
warrant
warrant)
Search
warrant
è
valid
for
10days
from
its
date
IMPOSSIVIEW:
Sec11
–
Receipt
for
the
property
seized
GR:
The
arrest
must
precede
the
search
Officer
seizing
property
under
the
warrant
E:
A
search
contemporaneous
with
the
arrest,
can
precede
the
arrest
if
there
is
probable
cause
to
make
the
arrest
at
the
outset
of
the
search
è
there
could
be
a
search
which
is
almost
simultaneous
with
the
arrest
(People
v
Laguio)
-‐ Give
a
detailed
receipt
for
the
same:
o Lawful
occupant
of
the
premises
(in
whose
presence
the
search
and
seizure
were
made)
“A
subsequent
warrantless
search
that
resulted
in
a
seizure
subsequent
to
a
legitimate
warrantless
o (In
the
absence
of
the
occupants/family
members)
presence
of
at
least
arrest
is
valid
è
the
arresting
officers
are
authorized
to
search
and
seize
from
the
offender”
(People
v
2witnesses
of
sufficient
age
and
discretion
residing
in
the
same
locality
Bohol)
§ Leave
a
receipt
in
the
place
in
which
he
found
the
seized
property
32
IMPOSSIBRU
NOTES
II
Crim
Pro
Memory
Aid
By:
James
Francis
Villanueva
Ugh…
life.
Atty.
Salvador
Francis
Xavier
Razon
Valid
warrantless
searches:
officer
of
a
corporation,
attorney,
factor,
broker,
agent
or
clerk,
in
the
course
of
his
employment
as
such,
or
by
any
other
person
in
a
fiduciary
capacity,
or
for
a
willful
1. Search
as
an
incident
to
a
lawful
arrest
violation
of
duty
2. Moving
vehicles
C. When
the
accused
has
concealed,
removed,
or
disposed
of
his
property,
or
is
about
to
3. Customs
search
do
so
4. Plain
view
D. When
the
accused
resides
outside
the
Philippines
5. Waiver
6. Stop
and
frisk
7. Airports
8. Exigent
and
emergency
circumstances
9. Spot
tips
(no
reasonable
time
to
obtain
a
warrant)
Sec14 – Motion to quash a search warrant or to suppress evidence; where to file
-‐ A
motion
to
quash
a
search
warrant
and/or
to
suppress
evidence
obtained
thereof
o Filed
in
and
acted
upon
only
by
the
court
where
the
action
has
been
instituted
-‐ If
no
criminal
action
has
been
instituted
o The
motion
may
be
filed
in
and
resolved
by
the
court
that
issued
the
search
warrant
-‐ If
such
court
failed
to
resolve
the
motion
and
a
criminal
case
is
subsequently
filed
in
another
court
è
the
motion
shall
be
resolved
by
the
latter
court
IMPOSSIVIEW:
Motion
to
quash
v
motion
to
suppress
Motion
to
quash
Motion
to
suppress
When
to
file
Must
be
filed
before
the
warrant
is
After
the
items
have
already
been
seized
actually
implemented
Where
to
file
• If
there
is
no
pending
criminal
case
• If
there
is
no
pending
criminal
case
o In
the
court
that
issued
a
o In
the
court
that
issued
a
warrant
warrant
• If
there
is
a
pending
criminal
case
• If
there
is
a
pending
criminal
case
o Filed
in
that
case
o Filed
in
that
case
RULE 125 – PROVISIONAL REMEDIES IN CRIMINAL CASES
Sec1 – Availability of provisional remedies
-‐ Provisional
remedies
in
civil
actions
(insofar
as
they
are
applicable)
o May
be
availed
of
in
connection
with
the
civil
action
deemed
instituted
with
the
criminal
action
Sec2
–
Attachment
(When
the
civil
action
is
properly
instituted
in
the
criminal
action
as
provided
in
Rule111)è
Offended
party
may
have
the
property
of
the
accused
attached
as
security
for
the
satisfaction
of
any
judgment
that
may
be
recovered
from
the
accused
in
the
following
cases:
A. When
the
accused
is
about
to
abscond
from
the
Philippines
B. When
the
criminal
action
is
based
on
a
claim
for
money
or
property
embezzled
or
fraudulently
misapplied
or
converted
to
the
use
of
the
accused
who
is
a
public
officer,
33
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