Rule 113 – ARREST

Arrest is the taking of a person into custody in order that he may be bound to answer for the commission of an
offense.
- Actual restraint of a person to be arrested, or submission to the custody of the person making the arrest
Massiah Rule – secret interrogation is in violation of the dictates of fairness and fundamental rights of persons
charged with a crime, more specifically the right against self incrimination.
Custodial Investigation – questioning after a person has been taken into custody or deprived of freedom
Preliminary Investigation – inquiry or proceeding to determine if there is probable cause and consequently hold
the respondent for trial.
Duty of the Arresting Officer –
1. EXECUTE THE WARRANT;
2. DELIVER HIM TO THE NEAREST POLICE STATION/ JAIL WITHOUT UNNECESSARY DELAY
Life of a warrant of arrest – Original Warrant expires 10 days after issuance, but an alias warrant shall be issued
thereafter, which remains valid until arrest has been effected
LAWFUL WARRANTLESS ARREST (by any peace officer or private person)
1. When in his presence the person to be arrested has committed, is actually committing or is attempting to
commit an offense (IN FLAGRANTE DELICTO);
2. When an offense has just been committed and he has probable cause to believe based on personal
knowledge of facts of circumstances that the person to be arrested has committed it (HOT PURSUIT-
immediacy – there must be no appreciable amount of time to secure a warrant of arrest)
3. When the person to be arrested is a prisoner who has escaped from a penal establishment where he is
serving final judgment or where he is temporarily confined (ESCAPE PRISONER)
Other instances of valid warrantless arrest
1. Bondsmen may arrest the person out on bail to surrender him to the court
2. Person lawfully arrested or rescued escapes
3. Person out on ail attempts to depart the Philippines without permission of the court
*Must be made with PROBABLE CAUSE and in GOOD FAITH
Instances where probable cause is necessary:
1. Preliminary Investigation- To file a complaint/ information in the proper court
2. For the issuance of a warrant of arrest in order to hold the respondent for trial
3. Effect warrantless arrest
“In the presence or within view”- sees the offense, although at a distance, or hears the disturbances created
thereby and proceeds at once to the scene thereof.
A reasonable suspicion must be founded on probable cause, coupled with good faith on the part of the peace
officer making the arrest. (PESTILOS vs GENEROSO)
Time of making arrest – ANY DAY AND AT ANY TIME OF THE DAY OR NIGHT
Rights of an OFFICER making an arrest
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 1. Right to break into a building or enclosure if refused admittance after announcing his authority and
purpose
2. Right to break out from building or enclosure when necessary to liberate himself
When a person questions the validity of his arrest this is deemed as his voluntary submission to the jurisdiction
of the court.
Rule 114 – BAIL
Bail is the security given for the release of a person in custody of the law, furnished by him or a bondsman, to
guarantee his appearance before any court as required under the conditions hereinafter specified.
Forms: CORPORATE SURETY, PROPERTY BOND, CASH DEPOSIT OR RECOGNIZANCE
Conditions:
- Accused’s undertaking effective from the approval of bail until promulgation of judgment in the RTC
- Required to appear before the court whenever required
- Failure of the accused to appear despite notice without justification is deemed waiver to his right to be
present, trial may proceed in absentia (TRIAL IN ABSENTIA)
- Bondsman shall surrender the accused to the court for final judgment
BAIL AS A MATTER OF RIGHT
Before or after conviction by the First Level Courts
Before conviction by the RTC of an offense not punishable by death, reclusion perpetua or life imprisonment
BAIL WHEN DISCRETIONARY
Upon conviction by the RTC of an offense not punishable by death, reclusion perpetua, or life imprisonment
provided that if the penalty imposed exceeds six (6) years of imprisonment there must be no bail-negating
circumstances
Bail-negating circumstances (not an exclusive list)
a. Accused is a recidivist, quasi-recidivist, habitual delinquent or committed reiteration
b. Accused in an escapee or a convict who evades his sentence
c. Accused committed a crime while on probation, parole, or conditional pardon
d. Flight Risk
e. Risk to commit another crime
NON-BAILABLE OFFENSE
Accused is charged with an offense punishable by death (capital offense), reclusion perpetua or life
imprisonment when EVIDENCE OF GUILT IS STRONG regardless of the state of criminal prosecution
RECOGNIZANCE – a mode of securing the release of any person in custody or detention for the commission
of an offense who is unable to post bail due to abject poverty (indigent litigants), release to a qualified member
of the barangay, city or municipality where the accused resides.
Recognizance allowed as a matter of right – before and after conviction in the First level courts, and before
conviction in the RTC

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ANTICIPATORY BAIL – Any person who is not yet charged in court may apply for bail, with any court in the
province, city or municipality where he is held.
General Rule: NO BAIL AFTER FINAL JUDGMENT
Exception:
1. When accused applies for probation before finality of judgment, he may be allowed temporary liberty
under his bail
2. On the ground of Special, Humanitarian, and Compelling Circumstances (ENRILE vs.
SANDIGANBAYAN)
Can the court compel the accused to file bail in the form of cash deposit only?
ALMEDA vs VILLALUZ (66 SCRA 38) states that the court cannot compel the accused to file bail in the form
of cash deposit only. The court may not reject otherwise acceptable sureties and insist that the accused obtain
his provisional liberty only thru a cash bond. 
Rule 115 – RIGHTS OF THE ACCUSED
1. Right to be Presumed Innocent
2. Right to be Informed of the Nature and Cause of Accusation
3. Right to be present and to be heard in his defense
4. Presence during trial
5. Right against Compulsion to testify as witness
6. Right to testify in his own behalf
7. Right to confront and cross-examine
8. Right to compulsory process
9. Right to speedy, impartial and public trial
10. Right to appeal
Rule 116 – ARRAIGNMENT AND PLEA
ARRAIGNMENT is that stage in criminal proceedings where the accused who is personally present is formally
informed of the charges against him in open court, to which he enters a plea of guilty or not guilty.
WAIVER OF READING OF INFORMATION is allowed upon personal examination of the accused and there
is full understanding and express consent on the part of the latter and his counsel
Exculpatory evidence – proof negating guilt
Plea of guilty must be an unconditional admission of guilt with respect to the offense charged
Plea of guilty to a lesser offense is allowed provided it was with the consent with the offended party and the
prosecutor, approved by the court.
PRESENCE OF ACCUSED AND PRIVATE OFFENDED PARTY is a must for the purpose of plea
bargaining, and determination of civil liability.
PLEA BARGAINING is a process in criminal cases whereby the accused and the prosecution work out a
mutually satisfactory disposition of the case subject to the approval of the court.
When an accused pleads guilty to a capital offense, the court shall conduct a searching inquiry into the
voluntariness and full comprehension of the consequences of his plea.

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BILL OF PARTICULARS – further specification of the charges or claims in an action which an accused may
avail of by motion before arraignment to enable him to properly plead and prepare for trial.
SUSPENSION OF ARRAIGNMENT
1. UNSOUND MENTAL CONDITON – Present Insanity is competency to stand trial
2. PREJUDICIAL QUESTION
3. PETITION FOR REVIEW of the resolution of the prosecutor is pending at DOJ or Office of the
President, not exceed 60 days counted from the filing of petition with the reviewing office.
Rule 117 – MOTION TO QUASH
MOTION TO QUASH AN INFORMATION is the mode by which an accused assails the validity of a criminal
complaint or information filed against him for insufficiency on its face in point of law, or for defects which are
apparent in the face of the information.
GENERAL RULE: It shall be made at any time before the accused enters his plea.
EXCEPTIONS:
a. The information charges no offense
b. The trial court has no jurisdiction
c. The penalty or the offense has been extinguished
d. That double jeopardy has attached
GROUNDS:
a. Facts charged do not constitute an offense
b. Court trying the case has no jurisdiction over the offense charged
c. Court has no jurisdiction over the person of the accused
d. Officer who filed the information had no authority to do so
e. It does not conform substantially to the prescribed form
f. More than one offense is charge except when a single punishment for various offenses is prescribed by
law (Duplicity of Charges)
g. Criminal action or liability has been extinguished
h. Averments constitute legal excuse or justification
i. Accused has been previously convicted or acquitted of the offense charged or the case was dismissed or
terminated without his express consent (Double Jeopardy)
Order sustaining the motion to quash not a bar to another prosecution except when it is based on extinction of
criminal liability or double jeopardy
MOTION TO QUASH vs. MOTION TO DISMISS
Generally in criminal proceedings – Ordinarily used in civil proceedings
MOTION TO QUASH vs. DEMURRER TO EVIDENCE
Must be made before arraignment – Done after the prosecution rests its case (has presented its evidence)
Grounds are those provided under Sec. 3, Rule 117 – Ground is insufficiency of evidence
MOTION TO QUASH vs. PROVISIONAL DISMISSAL

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Dismissal is more or less permanent on grounds of extinction of liability and double jeopardy – Temporary
dismissal only
Specific grounds are provided by law – No specific grounds
The law provides the consequences of a meritorious motion to quash – Law only states that provisional
dismissal is allowed when the accused expressly consents and the offended party has been notified
DOUBLE JEOPARDY – an accused has been convicted or acquitted, or the case against him dismissed or
terminated without his express by a court of competent jurisdiction upon a valid complaint or
information or other formal charge sufficient in form and substance to sustain a conviction and after the
accused had pleaded to the charge, shall be a bar to another prosecution of the offense charged, or for any
attempt to commit the same or frustration thereof, for any offense which necessarily includes or is necessarily
included in the offense charged in the former complaint or information
NOT constituting double jeopardy
1. The graver offense developed due to supervening facts arising from the same act or omission
constituting the former charge
2. The facts constituting the graver charge became known or were discovered only after a plea was entered
in the former complaint or information
3. Plea of guilty to a lesser offense was made without the express consent of the prosecutor and the private
offended party
PROVISIONAL DISMISSAL
Requisite:
1. EXPRESS CONFORMITY OF THE ACCUSED;
2. NOTICE TO THE OFFENDED PARTY OF THE MOTION;
3. COURT GRANTS THE MOTION AND DISMISSES THE CASE PROVISIONALLY; and,
4. PUBLIC PROSECUTOR IS SERVED A COPY OF THE ORDER OF PROVISIONAL DISMISSAL
OF THE CASE.
TIME – BAR RULE
Imprisonment not exceeding six (6) years or a fine of any amount or both – Provisional Dismissal shall be
permanent one (1) year after the issuance of the order and without the case having revived
Imprisonment exceeding six (6) years– Provisional Dismissal shall be permanent two (2) years after the
issuance of the order and without the case having revived
Rule 119 – TRIAL
DEMURRER TO EVIDENCE is an objection by one of the parties in action, to the effect that the evidence
which his adversary produced is insufficient in point of law, whether true or not, to make out a case or sustain
the issue. Done after the prosecution rests its case, or has presented all its evidence.
How:
1. By the court’s own initiative after giving the prosecution to opportunity to be heard
2. Upon demurrer of evidence filed by the accused WITH OR WITHOUT LEAVE OF COURT
Rule 120 – JUDGMENT

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JUDGMENT is the adjudication by the court that the accused is guilty or not guilty of the offense charged and
the imposition on him of the proper penalty and civil liability, if any.
FORM:
- Written in the official language
- Personally and directly prepared by the judge, signed by him
- Shall contain clearly and distinctly a statement of fact and the law upon which judgment is based
CONTENTS
For Conviction:
- Legal qualification of the offense constituted by the acts committed by the accused and the
aggravating or mitigating circumstances which attended its commission;
- The participation of the accused in the offense, whether as principal, accomplice, or accessory after the
fact;
- Penalty imposed upon the accused; and,
- Civil liability or damages by his wrongful act or omission to be recovered by the offended party, unless
civil liability has been reserved in a separate action or waived.
For Acquittal:
- State whether:
 Evidence of the prosecution absolutely failed to prove guilt of the accused; or,
 Merely failed to prove his guilt beyond reasonable doubt.
- Determine if the act or omission from which the civil liability might arise did or did not exist
PROMULGATION OF JUDGMENT is the reading of the judgment in the presence of the accused and any
judge of the court in which it was rendered.
However, if the conviction for a light offense, the judgment may be made in the presence of the counsel for the
accused or his duly authorized representative.
Promulgation in Absentia – promulgation of judgment even in the absence of the accused despite due notice.
Rule 126 – SEARCH AND SEIZURE
SEARCH WARRANT is an order in writing issued in the name of the People of the Philippines, signed by a
judge and directed to a peace officer, commanding him to search for personal property described therein and
bring it before the court.
Where filed:
- TERRITORIAL JURISDICTION (where crime was committed);
- REGIONAL JURISDICTION (for compelling reasons, in any court within the judicial region)
However, if the criminal action has already been filed, the application for search warrant must be made in
the same court where the criminal action is pending.
GENERAL RULE: WARRANTLESS SEARCH MUST BE INCIDENTAL TO LAWFUL ARREST
VALID WARRANTLESS SEARCH without Lawful Arrest
1. Search of Evidence in Plain View
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 Requisites
a. PRIOR JUSTIFICATION of Officer for initial intrusion or is in valid pursuit of their official duties
b. INADVERTENT DISCOVERY of incriminating evidence
c. Incriminating evidence is IMMEDIATELY APPARENT

2. Search of Moving Vehicle – extensive search may only be allowed if there is reasonable or probable
cause to believe before the search that they will find an instrumentality or evidence pertaining to crime,
otherwise, search shall be plain-view only.

3. Consented warrantless search – waiver of any objection to the unreasonableness or invalidity of a search

4. Stop and Frisk Searches (Terry Searches) – probable cause is not required, but mere suspicion or a
hunch will not validate the search. There must be genuine reason.

5. Airport Security Searches – as a result of ones exposure of their persons or property to the public in a
manner reflecting a lack of subjective expectation of privacy.

6. Searches in Public Transportation – Routine Inspection (Prior to entry, while in transit)

7. Other exigent and emergency circumstances

SUBJECT MATTER OF SEARCH WARRANTS
Personal property to be seized:
a. Subject of the Offense;
b. Stolen or embezzled and other proceeds, or fruits of the offense; or,
c. Used of intended to be used as the means of committing an offense.
REQUISITES
1. Existence of Probable Cause in connection with one offense
2. Probable Cause must be personally determined by the judge
3. Judge must examine, in writing and under oath or affirmation, the complainant and the witnesses he or
she may produce
4. The applicant and the witnesses testify on the facts personally known to them
5. The warrant specifically describes the place to be searched and the things to be seized
KNOCK AND ANNOUNCE PRINCIPLE – Right of an officer to break door or window to effect search if
refused admittance after giving notice of his purpose and authority
Instances where unannounced intrusion is permissible:
1. A party whose premises or is entitle to the possession thereof refuses , upon demand, to open it
2. When such person already knew of the identity of the officers and their authority and persons
3. When there is an honest belief that there is an imminent peril to life or limb
4. When there is a justified belief that an escape or destruction of evidence is being attempted
SEARCH OF HOUSE, ROOM, OR ANY PREMISES MUST BE MADE IN THE PRESENCE OF TWO
WITNESSES

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 - Lawful occupant thereof or any member of his family
- In the absence of the latter, two witnesses of sufficient age and discretion residing in the same locality
Time of making the search – DAY TIME, UNLESS AN EXPRESS DIRECTION HAS BEEN INSERTED
THAT IT MAY BE SERVED AT ANY TIME OF THE DAY OR NIGHT
Lifetime – 10 days from its date of issue
Area of Enforceability – SEARCH WARRANT PROCEEDINGS ARE NOT CRIMINAL IN NATURE, AND
THE RULE IN CRIMINAL PROCEDURE THAT VENUE IS JURISDICTIONAL DOES NOT APPLY IN
SEARCH WARRANT PROCEEDINGS.
Chain of Evidence – Duly recorded authorized movements and custody of evidence at each stage, from the time
of seizure/ confiscation to receipts in the forensic laboratory, to safekeeping and to presentation in court for
destruction (mostly in drug cases).
Delivery and Inventory:
- The Officer must deliver the property seized to the judge with an inventory verified under oath
- Ten (10) days after issuance, the issuing judge must ascertain that return has been made
OLD CIRCULAR (A.M. No. 90-20-09-SC) - The Executive Judge and Vice Executive Judges of Regional
Trial Courts, Manila and Quezon City are authorized to act on all applications for search warrants involving
heinous crimes, illegal gambling, dangerous drugs and illegal possession of firearms. THIS HAS BEEN
REVISED!
A.M. No. 21-06-08-SC (Rules on the Use of Body-Worn Cameras in the Execution of Warrants)

ADDITIONAL NOTES:
ROBIN PADILLA CASE ON EFFECT OF AMENDATORY LAW

SEARCH IN A SEPARATE GARAGE, NOT IN THE HOUSE ITSELF (ADJACENT STRUCTURE) – ARE
THE ITEMS SEIZED VALID AS EVIDENCE?

LBC SUSPICION OF DRUGS IN A PARCEL

- CAN LBC VALIDLY OPEN THE PARCEL IN THE PRESENCE OF THE OWNER?

- IS THE USE OF SNIFFING DOG VALID (GOVERNMENT INTERFERENCE)?

SEARCHING QUESTIONS BY THE JUDGE ON THE APPLICATION FOR SEARCH WARRANT

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