Criminal Procedures Pointers:

Two kinds of acquittal:

Our law recognizes two kinds of acquittal, with different effects on the civil
liability of the accused.

First is an acquittal on the ground that the accused is not the author of the
act or omission complained of. This instance closes the door to civil liability,
for a person who has been found to be not the perpetrator of any act or
omission cannot and can never be held liable for such act or omission. There
being no delict, civil liability ex delicto is out of the question, and the civil
action, if any, which may be instituted must be based on grounds other than
the delict complained of. This is the situation contemplated in Rule 111 of the
Rules of Court.

The second instance is an acquittal based on reasonable doubt on the guilt of

the accused. In this case, even if the guilt of the accused has not been
satisfactorily established, he is not exempt from civil liability which may be
proved by preponderance of evidence only.

The Rules of Court requires that in case of an acquittal, the judgment shall
state "whether the evidence of the prosecution absolutely failed to prove the
guilt of the accused or merely failed to prove his guilt beyond reasonable
doubt. In either case, the judgment shall determine if the act or omission from
which the civil liability might arise did not exist.

Effects of acquittal on the civil liability of the accused

The extinction of the penal action does not carry with it extinction of the civil
action. However, the civil action based on delict shall be deemed extinguished
if there is a finding in a final judgment in the criminal action that the act or
omission from which the civil liability may arise did not exist (Sec. 2, Rule
111).

Instances where acquittal in a criminal case does not result in the

extinguishment of civil liability

- Where acquittal is based on reasonable doubt.

- Where the court express declares that the liability of the accused is not
criminal but civil
- Where the liability is not derived from or based on the criminal act of
which the accused is acquitted (Ching vs. Nicdao, April 27, 2007).

How to apply a prejudicial civil question?

A petition for suspension of the criminal action based upon the pendency of a
prejudicial question in a civil action may be filed in the office of the prosecutor
or the court conducting the preliminary investigation. When the criminal action
has been filed in court for trial, the petition to suspend shall be filed in the
same criminal action at any time before the prosecution rests.
Elements of a Prejudicial Question:

1. The previously instituted civil action involves an issue similar or intimately

related to the issue raised in the subsequent criminal action.
2. The resolution of such issue determines whether or not the criminal action
may proceed.

Independent civil action

Independent civil actions those that are separate and distinct from and shall
proceed independently of the criminal action. Only a preponderance of
evidence shall be required in such cases: [Sec. 3, Rule 111]

1. When the accused in a criminal prosecution is acquitted on the ground

that his guilt has not been proved beyond reasonable doubt, a civil action for
damages for the same act or omission may be instituted [Art 29, NCC]
2. Cases involving violation of ① constitutional rights,②
③
defamation, fraud,
④ ⑤refusal or failure to render aid or protection by the members
physical injuries,
of the police or the prosecuting attorney, quasi-delict) [Sec. 3, Rule 111] [Art.
32, 33, 34, 35 and 2176, NCC]

Prohibited motions

o Motion to dismiss the complaint except on the ground of lack of

jurisdiction over the subject matter, or failure to comply with Sec. 12,
Rule 70
o Motion for a bill of particulars
o Motion for a new trial, or for reconsideration of a judgement, or for
reopening of trial
o Petition for relief from judgement
o Motion for extension of time to file pleadings, affidavits or any other
paper
o Memoranda
o Petition for certiorari, mandamus, or prohibition against any
interlocutory order issued by the court
o Motion to declare the defendant in default
o Dilatory motions for postponement
o Reply
o Third-party complaints
o Interventions

Intervention of the private offended party

General Rule: An offended party has the right to intervene in the prosecution
of a crime, where the civil action for recovery of civil liability is instituted in
the criminal action. Regardless of the intervention, the prosecution of the case
is still subject to the control of the prosecutor.

Exceptions:

a. Where form the nature of the crime and the law defining and punishing it,
no civil liability arises in favor of a private offended party (e.g. treason,
rebellion, espionage and contempt)
b. Where from the nature of the offense, the private offended party is entitled
to civil indemnity arising therefrom but he has
- Waived the same or
- Expressly reserved his right to institute a separate civil action or
- Already instituted such action
Private offenses:

- Adultery
- Concubinage
- Seduction
- Abduction
- Acts of Lasciviousness
- Defamation which consists in the imputation of an offense mentioned
above

Effects of pardon:

General Rule: A pardon by the offended party does not extinguish criminal
action but civil liability with regard to the interest of the injured party is
extinguished by his express waiver. If there is more than one accused, the
pardon must be extended to all offenders.

Exception: Seduction, abduction, and acts of lasciviousness shall not be

prosecuted if the offender has been expressly pardoned by the offender
party or her parents, grandparents or guardian.

Pardon must be made before the filing of the criminal complaint in court.

Effect of marriage to private offenses.

In cases of seduction, abduction, acts of lasciviousness and rape, the

marriage of the offender with the offended party shall extinguish the
criminal action or remit the penalty already imposed upon him, together
with the co-principals, accomplices, and accessories after the facts of the
abovementioned crimes.

Exceptions:

1. Marriage was invalid or contracted in bad faith to escape criminal

liability.
2. In multiple rape, insofar as the accused in the other acts of rape
respectively committed by them are concerned.

Rule on libel

If one of the offended parties is a private individual:

a. Where the libelous article is printed and first published, or

b. Where said individual actually resides

If one of the offended parties is a public official:

a. Where the official holds office at the time of the commission of the
offense.
- If the office is in Manila, then CFI Manila
- If the office is any other city or province then file where he holds
office.
b. Where the libelous article is printed and first published.
Effects of death in a civil action

A. Death of the Offended Party

Death after filing the complaint would not deprive the court of
jurisdiction. The death of the offended party in private crimes is essential
solely for the initiation of the action.

B. Death of the Accused or Convicted in Civil Action

Before Arraignment the criminal case shall be dismissed without

prejudice to any civil action that the offended party may file against the estate
of the deceased.

After arraignment and during pendency of the criminal action, the civil
liability is extinguished. But an independent civil action enforcing liabilities
under Art. 32, 33, 34, 35 and 2176 may be continued against the estate or
legal representative of the accused, after proper substitution.

During appeal the civil and criminal liabilities are extinguished. Only civil
liability ex delicto is extinguished. A separate civil action may be instituted
based on other sources of civil liability.

After judgement the civil liability is not extinguished. Claims shall be

filed against the estate of the accused under Rule 86 of the Rules of Court.

Principles concerning criminal jurisdiction

Once a court acquires jurisdiction over a controversy, it shall continue to

exercise it until final determination of the case.

It is not affected by a valid amendment of the information or subsequent

legislation vesting jurisdiction in another tribunal.

Elements of criminal jurisdiction

1. Nature of the offense

2. Authority of the court to impose the penalty imposable given the
allegation in the information
3. Territorial jurisdiction of the court imposing the penalty

Valid exercise of criminal jurisdiction

The authority to hear and try a particular offense and impose the
punishment for it.

a. Subject Matter Jurisdiction: the offense is one it is authorized by law to

take cognizance of.
b. Territorial Jurisdiction: the offense has been committed within its
territorial jurisdiction.
c. Jurisdiction over the person: the person charged must have been
brought before it for trial, forcibly by arrest or upon his voluntary
submission to the court.

All three requisites must concur before a court can acquire jurisdiction.
Basic jurisdiction of courts

1. MTC/MeTC/MCTC

Jurisdiction:

Except those cases falling within the jurisdiction of higher courts, these
courts shall have exclusive original jurisdiction over:

1. Violations of city or municipal ordinances committed within their

territorial jurisdiction [Sec. 32, B.P. 129, as amended]
2. Offenses punishable with imprisonment not exceeding 6 years
irrespective of the amount of fine, and regardless of other imposable or
accessory penalties, including civil liability irrespective of its kind,
nature, or value [Sec. 32, B.P. 129]
3. Offenses involving damage to property through criminal negligence
[Sec. 32, B.P. 129]
4. Summary procedure in certain cases

1. Violations of traffic laws, rules and regulations

2. Violations of the rental law
3. B.P . 22 cases
4. Violation of municipal and city ordinances
5. All other criminal cases where the penalty prescribed by law for
the offense charged is imprisonment not exceeding 6 months, or
a fine not exceeding P1,000, or both
6. Offenses involving damage to property through criminal
negligence where the imposable penalty does not exceed P10,000
[Sec. 1(b), 1991 Rules on Summary Procedure]

5. Special jurisdiction to decide on applications for bail in the absence of

all RTC judges in a province or city [Sec. 35, B.P. 129, as amended by R.A.
7691].

Concurrent original jurisdiction with RTCs over violations of R.A. 7610 (Child
Abuse Act) in cities or provinces where there are no family courts yet,
depending on the penalties prescribed for the offense charged [Sec. 16-A,
R.A. 7610, as amended by R.A. 9231]

SC Admin Circ. No. 09-94 (1994):

# The provisions of Sec. 32(2) of B.P. 129,

apply only to offenses punishable by imprisonment or fine, or both, in

which cases the amount of the fine is disregarded in determining the
jurisdiction of the court.

# In cases where the law only imposes the fine, and such fine exceeds
P4,000, the RTC shall have jurisdiction, including offenses
committed by public officers and employees in relation to their
office

2. RTC

Jurisdiction:

Exclusive original jurisdiction in criminal cases not within the exclusive

jurisdiction of any court, tribunal or body, EXCEPT those under the exclusive
and concurrent jurisdiction of the Sandiganbayan [Sec. 20, B.P. 129]
Appellate jurisdiction over cases decided by first-level courts within its
territorial jurisdiction [Sec. 22, B.P. 129, as amended by R.A. 7691]
Jurisdiction over criminal cases under specific laws such as:
3. Criminal and civil aspects of written defamation [Art. 360, RPC]
4. Criminal cases commenced by information against a child upon
determination of probable cause by the prosecutor [Sec. 33, R.A. 9344, as
amended by R.A. 10630] where there are no family courts [Sec. 4(g), R.A.
9344]
5. Violence against women and children, in the absence of an RTC
designated as a Family Court where the offense was committed [R.A. 9262
(Anti-VAWC Act)]
6. Designated special courts over cases in violation of R.A. 9165
(Dangerous Drugs Act) [Sec. 90, R.A. 9165]
7. Violations of intellectual property rights [SC Admin-Circ. No. 03-03
(2003)]
8. Money laundering cases [Sec. 5, R.A. 9160] EXCEPT those committed
by public officers and private persons in conspiracy with such public officers,
as jurisdiction is with the Sandiganbayan

For offenses cognizable by the Sandiganbayan where the information a) does

not allege any damage to the government or any bribery; or b) the alleged
damage to the government or the bribery arising from the or closely related
transactions are of an amount not exceeding P1 million [Sec. 4, P.D. 1606, as
amended by R.A. 10660]

3. Sandiganbayan

Jurisdiction:

1. Violations of R.A. 3019

2. Violations of R.A. 1379
3. Violations of Book 2, Title VII, Section 2, Chapter 2 of the RPC (Indirect
Bribery, Corruption of Public officials, etc.), where one or more of the accused
are officials occupying the following positions in the government, at the time
of the commission of the offense:
- Officials of the executive branch occupying the positions of regional

6758 (see enumeration in RA 10660)

-
up under R.A. 6758 (see enumeration in RA 10660)

4. Other offenses, simple or complex, with other crimes committed by the

above- mentioned public officials and employees in relation to their office.
5. Criminal cases filed pursuant to and in connection with EO 1, 2, 14, 14-A
(1986)

An offense is deemed committed in relation to his office when:

1. The office is a constituent element of the crime as defined in the statute

2. The offense be intimately connected with the office of the offender

3. The fact that the offense was committed in relation to the office must
be alleged in the Information [People v. Magallanes, G.R. No. 118013-14
(1995)]
Failure to allege that the offense was committed in relation to the office or
was necessarily connected with the discharge of their functions vests
jurisdiction with the RTC. [People v. Cawaling G.R. No. 117970 (1998)]
4. Military Courts

General rule: Ordinary courts will have jurisdiction over cases involving
members of the armed forces, and other persons subject to military law,
regardless of who the co- accused or victims are.

Exception: When the offense is service- oriented, it will be tried by the

court martial; Provided, that the President may, in the interest of justice, order
or direct, at any time before arraignment, that any such crimes or offenses be
tried by the proper civil courts. [Sec. 1, R.A. 7055]

Summary procedure: What are the cases governed?

1. Violations of traffic laws, rules and regulations

2. Violations of the rental law
3. B.P . 22 cases
4. Violation of municipal and city ordinances
5. All other criminal cases where the penalty prescribed by law for
the offense charged is imprisonment not exceeding 6 months, or
a fine not exceeding P1,000, or both
6. Offenses involving damage to property through criminal
negligence where the imposable penalty does not exceed P10,000
[Sec. 1(b), 1991 Rules on Summary Procedure]

Officers authorized to conduct Preliminary Investigation

A. As provided by the Rules of Court

a. Provincial/city prosecutor and their assistants

b. National and regional state prosecutors
c. Other officers as may be authorized by law

B. As provided by Law

a. COMELEC: over all election offenses punishable under the Omnibus

Electon Code
b. Ombudsman over cases involving public officers and employees
c. Presidential Commission on Good Governance with assistance of the
OSG: over cases investigated by it.

Place of the commission of the offense: Ex. Train or aircraft

General Rule: Venue in criminal cases is jurisdictional. In all criminal

prosecutions, the actions must be instituted and tried in the courts of the
municipality where the offense was committed or where any of its essential
ingredients occurred.

Exception:

A. Felonies under Art. 2 of the RPC

Proper court where criminal action was first filed

B. Those committed on a railroad, train, aircraft, or any other public or

private vehicle in the court of its trip
In the court of any municipality or territory where such train, aircraft,
or other vehicle passed during its trip, including place of departure and
arrival.

C. Those committed on board a vessel in the course of its voyage

 In the proper court of the first port of entry or of any municipality or
territory through which such vessel passed during its voyage, subject to
the generally accepted principles of international law.

D. Piracy, which has no territorial limits

May be instituted anywhere.

E. Libel
If one of the offended parties is a private individual:
a. Where the libelous article is printed and first published, or
b. Where said individual actually resides
If one of the offended parties is a public official:
a. Where the official holds office at the time of the commission of
the offense.
- if the office is in Manila, then CFI of Manila
- if the office is any other city or province, then file where
he holds office.

F. Cases filed under B.P. 22

May be filed in the place where the check was dishonored or
issued. In the case of a crosscheck, in the place of the depositary or
collecting bank.

G. Illegal Recruitment
The victim has the option to file the case in his place of residence
or in the place where the crime was committed.

H. Violations of RA 10175 (Cybercrime Prevention Act of 2012)

RTC have jurisdiction over any violation of the provisions of the
Act, including any violation committed by a Filipino national regardless
of the place of commission.

I. In exceptional circumstances to ensure a fair trial and impartial inquiry

SC has the power to order a change of venue or place of trial to
avoid miscarriage of justice.

J. Transitory or continuing offenses

The courts of the territories where the essential ingredients of the
crime took place have concurrent jurisdiction. The first court taking first
cognizance of the case will exclude the others.

Effects of prescription on Special Laws: Refer to the interruption of

period of prescription: Doctrine of Zaldivia v. Reyes

The institution of the criminal action shall interrupt the running period of
the prescription of the offense charged unless otherwise provided in Special
Laws.

However, in Act. 3326, it provides that the period of prescription shall be

suspended when proceedings are instituted against the guilty person.

In Zaldivia vs. Reyes, the SC interpreted proceedings as judicial

proceeding. Thus, for violations of ordinances and special laws, the filing of
the case before the court interrupts the running of the prescriptive period.
Note that the ruling in Zaldivia vs. Reyes is not controlling anymore. In
People vs. Pangilinan, it was held that there is no more distinction between
cases under the RPC and those covered by special laws with respect to the
interruption of the period of prescription. The ruling in Zaldivia vs. Reyes
is not controlling in special laws.
The prevailing rule is, therefore, that irrespective of whether the offense
charged is punishable by the RPC or by special law it is the filing of
complaint or information in the Office of the Public Prosecutor for purposes
of preliminary investigation that interrupt the period of prescription (Disini
vs Sandiganbayan).

Rules on Preliminary Investigation: When is it a matter of right and

a matter of discretion.

Preliminary Investigation (determination of probable cause) is an inquiry

or proceeding to determine whether there is sufficient ground to engender
a well-founded belief that a crime has been committed and the respondent
is probably guilty thereof, and should be held for trial. Except as provided
in Section 6 of Rule 112, a preliminary investigation is required to be
conducted before the filing of a complaint or information for an offense
where the penalty prescribed by law is at least 4, 2, 1 without regard to
the fine.

PI is required if the penalty is more than 4-2-1. PI is not required if the

penalty is below 4-2-1. PI can be dispensed for a lawful warrantless arrest,
as long as an inquest proceeding has been conducted. But even after the
plea, the offender may ask for a PI, provided that he signed a waiver of
Art. 125 of the RPC.

Is Preliminary Investigation same as investigation

No. Preliminary Investigation is merely inquisitorial, and it is often the only

means of discovering the persons who may be reasonably charged with a
crime, to enable the prosecutor to prepare his complaint or information. It

deprive him of the full measure of his right to due process.

It is not a trial of the case on the merits and does not place the persons
against whom it is taken in jeopardy.

Is Preliminary Investigation same as administrative investigation

Preliminary Investigation is to determine whether a crime has been

committed and the person should be held for trial.

Administrative Investigation is to determine whether the public officer

should be meted with disciplinary measures. PI applies to private and public
individuals, while AI generally applies to public officers.

Inquest

Inquest is an informal and summary investigation conducted by a public

prosecutor in criminal cases involving persons arrested and detained
without the benefit of a warrant of arrest issued by the court for the
purpose of determining whether said persons should remain under custody
and correspondingly be charged in court.

In the absence of an inquest prosecutor, the offended party or peace officer

may directly file the complaint in court.

An inquest is considered commenced upon receipt by the inquest officer

from the law enforcement authorities of the complaint/referral documents
which should include:
1. Affidavit of arrest, investigation report, statement of the complainant
and witnesses, all of which must be subscribed and sworn before him;
2. Other supporting evidence gathered by the police in the course of the

detained person.

The inquest proceedings must be terminated within the period prescribed

under the provisions of Art. 125 of RPC.

- Light penalties or their equivalent 12 hrs.

- Correctional penalties or their equivalent 18 hrs.
- Afflictive or capital penalties or their equivalent 36 hrs.

Arrest

Is the taking of a person into custody in order that he may be bound to

answer for the commission of an offense.

How made?

a. by the actual restraint of a person to be arrested;

b. by his submission to the custody of the person making the arrest

application of actual force, manual touching of the body, physical restraint

or a formal declaration of arrest is not required. It is enough that there be
an intent on the part of one of the parties to arrest the other and an intent
on the part of the other to submit, under the belief and impression that
submission is necessary.

No violence or unnecessary force shall be used in making an arrest.

General rule: No peace officer or person has the power or authority to

arrest anyone without a warrant except in those cases expressly
authorized by law [Umil v. Ramos, G.R. No. 81567 (1991)]

Exceptions:

1. In flagrante delicto [Sec. 5(a), Rule 113]

2. Hot pursuit arrest [Sec. 5(b), Rule 113]
3. Arrest of escaped prisoner [Sec. 5(c), Rule 113]
4. Other lawful warrantless arrests

1. If a person lawfully arrested escapes or is rescued, any person may

immediately pursue or retake him without a warrant at any time and in any
place within the Philippines [Sec. 13, Rule 113]

2. For the purpose of surrendering the accused, the bondsmen

maYarrest him or, upon written authority endorsed on a certified copy of
the undertaking, cause him to be arrested by a police officer or any other
person of suitable age and discretion [Sec. 23, Rule 114]

3. An accused released on bail may be re- arrested without the necessity

of a warrant if he attempts to depart from the Philippines without
permission of the court where the case is pending [Sec. 23, Rule 114]
Note: A legitimate warrantless arrest necessarily includes the authority to
validly search and seize from the offender (1) dangerous weapons, and (2)
those that may be used as proof of the commission of an offense.

Rights of a person under custodial investigation

A. Right to remain silent

B. Competent and independent counsel
C. To be informed of such rights
D. Rights cannot be waived except in writing and in the presence of counsel

Any questioning initiated by law enforcement officers after a person has been
taken into custody or otherwise deprived of his freedom of action in some
significant way. It starts when the police investigation is no longer a general
inquiry into an unsolved crime but has begun to focus on a particular suspect
taken into custody by the police who starts the interrogation and propounds
questions to the person to elicit incriminating statement.

Requirements for an admission of guilt of an accused during a custodial

investigation to be admitted in evidence.

A. The admission must be voluntary

B. The admission must be in writing
C. The admission must be made with the assistance of a competent,
independent counsel.
D. The admission must be express
E. In case the accused waives his rights to silence and to counsel, such waiver
must be in writing, executed with the assistance of competent, independent
counsel.

Section 2. Rights of Persons Arrested, Detained or Under Custodial

Investigation; Duties of Public Officers.

(a) Any person arrested detained or under custodial investigation shall at all
times be assisted by counsel.

(b) Any public officer or employee, or anyone acting under his order or his
place, who arrests, detains or investigates any person for the commission of
an offense shall inform the latter, in a language known to and understood by
him, of his rights to remain silent and to have competent and independent
counsel, preferably of his own choice, who shall at all times be allowed to
confer privately with the person arrested, detained or under custodial
investigation. If such person cannot afford the services of his own counsel, he
must be provided with a competent and independent counsel by the
investigating officer.

(c) The custodial investigation report shall be reduced to writing by the

investigating officer, provided that before such report is signed, or
thumbmarked if the person arrested or detained does not know how to read
and write, it shall be read and adequately explained to him by his counsel or
by the assisting counsel provided by the investigating officer in the language
or dialect known to such arrested or detained person, otherwise, such
investigation report shall be null and void and of no effect whatsoever.

(d) Any extrajudicial confession made by a person arrested, detained or under

custodial investigation shall be in writing and signed by such person in the
presence of his counsel or in the latter's absence, upon a valid waiver, and in
the presence of any of the parents, elder brothers and sisters, his spouse, the
municipal mayor, the municipal judge, district school supervisor, or priest or
minister of the gospel as chosen by him; otherwise, such extrajudicial
confession shall be inadmissible as evidence in any proceeding.

(e) Any waiver by a person arrested or detained under the provisions of Article
125 of the Revised Penal Code, or under custodial investigation, shall be in
writing and signed by such person in the presence of his counsel; otherwise
the waiver shall be null and void and of no effect.

(f) Any person arrested or detained or under custodial investigation shall be

allowed visits by or conferences with any member of his immediate family, or
any medical doctor or priest or religious minister chosen by him or by any
member of his immediate family or by his counsel, or by any national non-
governmental organization duly accredited by the Commission on Human
Rights of by any international non-governmental organization duly accredited
by the Office of the President. The person's "immediate family" shall include
his or her spouse, fiancé or fiancée, parent or child, brother or sister,
grandparent or grandchild, uncle or aunt, nephew or niece, and guardian or
ward.

Rules on bail: When is it a matter of right and a matter of discretion.

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. Bail may be given
in the form of corporate surety; property; bond; cash deposit, or
recognizance.

All persons, except those charged with offenses punishable by reclusion

perpetua when evidence of guilt is strong, shall, before conviction, be bailable
by sufficient sureties, or be release on recognizance as may be provided by
law. The right to bail shall now be impaired even when the privilege of the writ
of habeas corpus is suspended. Excessive bail shall not be required.

Bail negating circumstances:

(a) That he is a recidivist, quasi-recidivist, or habitual delinquent, or

has committed the crime aggravated by the circumstance of reiteration;
(b) That he has previously escaped from legal confinement, evaded
sentence, or violated the conditions of his bail without valid justification;
(c) That he committed the offense while under probation, parole, or
conditional pardon;
(d) That the circumstances of his case indicate the probability of flight
if released on bail; or
(e) That there is undue risk that he may commit another crime during
the pendency of the appeal

What are the factors to be considered in fixing bail?

(a) Financial ability of the accused to give bail;

(b) Nature and circumstances of the offense;
(c) Penalty for the offense charged;
(d) Character and reputation of the accused;
(e) Age and health of the accused;
(f) Weight of the evidence against the accused;
(g) Probability of the accused appearing at the trial;
(h) Forfeiture of other bail;
 (i) The fact that the accused was a fugitive from justice when
arrested; and
(j) Pendency of other cases where the accused is on bail.

Where should bail be filed?

Bail in the amount fixed may be filed with the court where the case is
pending;
In the absence or unavailability of the judge thereof, with any regional
trial judge, metropolitan trial judge, municipal trial judge, or municipal
circuit trial judge in the province, city, or municipality.
If the accused is arrested in a province, city, or municipality other than
where the case is pending, bail may also be filed with any regional trial
court of said place, or if no judge thereof is available, with any
metropolitan trial judge, municipal trial judge, or municipal circuit trial
judge therein;
Where the grant of bail is a matter of discretion, or the accused seeks
to be released on recognizance, the application may only be filed in
the court where the case is pending, whether on preliminary
investigation, trial, or appeal.
Any person in custody who is not yet charged in court may apply for bail
with any court in the province, city, or municipality where he is held.

An application for or admission to bail shall not bar the accused from
challenging the validity of his arrest or the legality of the warrant issued
therefor, or from assailing the regularity or questioning the absence of a
preliminary investigation of the charge against him, provided that he raises
them before entering his plea. The court shall resolve the matter as early as
practicable but not later than the start of the trial case.

Cancellation as against forfeiture of bail

Forfeiture of bail when the presence of the accused out on bail is required
by court or Rules of Court and he failed to appear, his bail shall be declared
forfeited and the bondsmen are given 30 days within which to:
a. Produce the principal
b. Show cause why no judgment should be rendered against them for
the amount of their bail
c. Produce the body of their principal or give the reason for his non-
production; and
d. Explain why the accused did not appear before the court when first
required to do.

Failing in items c and d, a judgment shall be rendered against the bondsmen,

jointly and severally, for the amount of the bail. The court shall not reduce or
otherwise mitigate the liability of the bondsmen, unless the accused has been
surrendered or is acquitted.

For the purpose of surrendering the accused, the bondsmen may arrest him
or, upon written authority endorsed on a certified copy of the undertaking,
cause him to be arrested by a police officer or any other person of suitable
age and discretion.

Cancellation of bail upon application of the bondsmen with due notice to

the prosecutor, bail may be cancelled upon:
a. Surrender of the accused; or
b. Proof of his death
In order to cancel a bail on the ground of surrender, the surrender must be
voluntary.

Automatic cancellation:
a. Upon acquittal of the accused
b. Upon dismissal of the case, or
c. Upon execution of the judgment or conviction

Bail: When is it a matter of right and a matter of discretion.

A matter of right all persons in custody shall be admitted to bail as a

matter of right, with sufficient sureties, or released on recognizance as
prescribed by law or this Rule.

a. Before or after conviction by the MTC, MetC, MCTC

b. Before conviction by the RTC of an offense not punishable by death,
reclusion perpetua, or life imprisonment.

A matter of discretion upon conviction by the RTC of an offense not

punishable by death, reclusion perpetua, or life imprisonment, admission to
bail is discretionary. The application for bail may be filed and acted upon by
the trial court despite the filing of a notice of appeal, provided it has not
transmitted the original record to the appellate court. However, of the decision
of the trial court convicting the accused change the nature of the offense from
non-bailable to bailable, the application for bail can only be filed with and
resolved by the appellate court.

Bail in extradition cases:

1. While our extradition law does not provide for the grant of bail to an extraditee,
however, there is no provision prohibiting him or her from filing a motion for
bail, a right to due process under the constitution.
2. While extradition is not a criminal proceeding, it still entails a deprivation of
liberty on the part of the potential extraditee and furthermore, the purpose of
extradition is also the machinery of criminal law.
3. The Universal Declaration of Human Rights applies to deportation cases;
hence, there is no reason why it cannot be invoked in extradition cases.
4. The main purpose of arrest and temporary detention in extradition cases is to
ensure that the potential extraditee will not abscond.
5. Under the principle of pacta sunt servanda, the Philippines must honor the
Extradition Treaty it entered into with other countries. Hence, as long as the
requirements are satisfactorily met, the extraditee must not be deprived of his
right to bail. (Government of Hong Kong Special Administrative Region v.
Olalia, G.R. No. 153675, April 19, 2007)

Bail in deportation proceedings:

It is available; however, bail in deportation proceedings is wholly

discretionary.

Right of the accused during trial

(a) To be presumed innocent until the contrary is proved beyond

reasonable doubt.
 prosecutions the accused shall be presumed innocent until the

(b) To be informed of the nature and cause of the accusation against

him.

(c) To be present and defend in person and by counsel at every stage

of the proceedings, from arraignment to promulgation of the judgment.
The accused may, however, waive his presence at the trial pursuant to
the stipulations set forth in his bail, unless his presence is specifically
ordered by the court for purposes of identification. The absence of the
accused without justifiable cause at the trial of which he had notice shall
be considered a waiver of his right to be present thereat. When an
accused under custody escapes, he shall be deemed to have waived his
right to be present on all subsequent trial dates until custody over him
is regained. Upon motion, the accused may be allowed to defend himself
in person when it sufficiently appears to the court that he can properly
protect his rights without the assistance of counsel.
Pre-trial right to counsel
During arrest
During custodial investigation
During trial
From arraignment to promulgation of judgment
(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 him.
(e) To be exempt from being compelled to be a witness against
himself.
(f) To confront and cross-examine the witnesses against him at the
trial. Either party may utilize as part of its evidence the testimony of a
witness who is deceased, out of or cannot with due diligence be found
in the Philippines, unavailable, or otherwise unable to testify, given in
another case or proceeding, judicial or administrative, involving the
same parties and subject matter, the adverse party having the
opportunity to cross-examine him.
(g) To have compulsory process issued to secure the attendance of
witnesses and production of other evidence in his behalf.
(h) To have speedy, impartial and public trial.
(i) To appeal in all cases allowed and, in the manner, prescribed by
law.

The equipoise rule

It is a situation where the court is faced with conflicting versions of the

prosecution and defense and where the evidence, facts and circumstances are
cable of two or more explanations, one of which is consistent with the
innocence of the accused and the other consistent with his guilt.

The court has to acquit pursuant to presumption of innocence under the

constitution (People vs. Erguiza, 571 SCRA 634).

But when the accused admits the killing but pleads self-defense, the burden
shifts to the accused to prove his innocence by clear and convincing evidence.
Self-defense, when invoked, implies the admission of by the accused that he
committed the criminal act.
Right to Speedy Trial vs. Right to Speedy Disposition of Cases:

Right to Speedy Trial:

Reckoning Point: First day of trial

Application: NA

Right to Speedy Disposition of Cases:

Reckoning Point: Date when the case is submitted for

decision.
Application: When considering delay for the
purpose of dismissal on the ground
of violation of right to speedy
-
considered (i.e., delay during
preliminary investigation.

Arraignment

Arraignment is the formal mode and manner implementing the constitutional

right of the accused to be informed of the nature and cause of the accusation
against him. Its purpose is to apprise the accused why he is being prosecuted
by the State. It is therefore indispensable.

The arraignment shall be made in open court by the judge or clerk by

furnishing the accused with a copy of the complaint or information, reading
the same in the language or dialect known to him, and asking him whether he
pleads guilty or not guilty.

The accused must be present at the arraignment and must personally enter
his plea. Both arraignment and plea shall be made of record, but failure to do
so shall not affect the validity of the proceedings.

The private offended party shall be required to appear at the arraignment for
purposes of plea bargaining, determination of civil liability, and other matters
requiring his presence. In case of failure of the offended party to appear
despite due notice, the court may allow the accused to enter a plea of guilty
to a lesser offense which is necessarily included in the offense charged with
the conformity of the trial prosecutor alone.

Unless a shorter period is provided by special law or Supreme Court circular,

the arraignment shall be held within thirty (30) days from the date the court
acquires jurisdiction over the person of the accused. The time of the pendency
of a motion to quash or for a bill of particulars or other causes justifying
suspension of the arraignment shall be excluded in computing the period.

If the accused, despite not having been arraigned, did not object to the
continuation of the proceedings and actively participated in the trial, he is
deemed to have waived the defect. Moreover, he is deemed to have been
informed already of the nature and cause of the accusation against him

Effect of Absence of Arraignment

It will result in the nullity of proceedings before the trial court.

What are the options of the accused before arraignment?

A. File a motion for bill of particulars

B. File a motion for suspension of arraignment
C. File a motion to quash
D. Challenge the validity of arrest or legality of warrant or absence or
preliminary investigation.

Plea of Guilty to a lesser offense

Requisites:

A. The lesser offense if necessarily included in offense charged.

B. The plea must be with the consent of both the offended party and the
prosecutor.

It may be made after the prosecution rested its case. It has been held that it
may also be considered during trial proper or even after the prosecution has
finished presenting it evidence and rested its case. It is immaterial that the
plea bargaining was not made during the pre-trial stage or that it was made
only after the prosecution already presented several witnesses (Daan vs.
Sandiganbayan, 550 SCRA 233).

What are the obligations of the Court when the accused pleaded
guilty to a capital offense.

The shall conduct searching inquiry into the voluntariness and

comprehension of the plea.
Require the prosecution to prove his guilt and the precise degree of his
culpability.
Allow the accused to present evidence in his behalf.

When the accused pleads guilty to a non-capital offense, the court may receive
evidence from the parties to determine the penalty to be imposed.

At any time before the judgment of conviction becomes final, the court may
permit an improvident plea of guilty to be withdrawn and be substituted by a
plea of not guilty.

Withdrawal must be categorical (People vs. Solamillo, 404 SCRA 211).

Bill of Particulars

The accused may, before arraignment, move for a bill of particulars to enable
him properly to plead and prepare for trial. The motion shall specify the alleged
defects of the complaint or information and the details desired.

The proper remedy to a supposed ambiguity in an otherwise valid information

is merely to move for bill of particulars to fill in the details to enable the
accused to make an intelligent plea and prepare for his defense and not the
quashal of information which sufficiently alleges the elements of the offense
charged (Enrile vs. People, 766 SCRA 1).

The failure of the accused to move for specification of the details desired
deprives him of the right to object to evidence that could be introduced and
admitted under an Information of more or less terms but sufficiently charges
the accused with definite time (People vs. Marquez, 347 SCRA 510; P
 Grounds to suspend the arraignment:

(a) The accused appears to be suffering from an unsound mental

condition which effectively renders him unable to fully understand the
charge against him and to plead intelligently thereto. In such case, the
court shall order his mental examination and, if necessary, his
confinement for such purpose;
(b) There exists a prejudicial question; and
(c) A petition for review of the resolution of the prosecutor is pending
at either the Department of Justice, or the Office of the President;
provided, that the period of suspension shall not exceed sixty (60) days
counted from the filing of the petition with the reviewing office.

Motion to Quash: Grounds

1. That the facts charged do not constitute an offense

2. That the court trying the case has no jurisdiction over the offense charged

3. That the court trying the case has no jurisdiction over the person of the
accused.

4. That the officer who filed the information had no authority to do so

5. That it does not conform substantially to the prescribed form

6. That more than one offense is charged except when a single punishment
for various offenses is prescribed by law

7. That the criminal action or liability has been extinguished.

8. That it contains averments which, if true, would constitute a legal excuse

or justification; and

9. That the accused has been previously convicted or acquitted of the offense
charged, or the case against him was dismissed or otherwise terminated
without his express consent.

Time to move to Quash At any time before entering his plea, the accused
may move to quash the complaint or information.

An order sustaining the motion to quash is not a bar to another prosecution

for the same offense. This means that another complaint or information may
be filed:

Exceptions:

A. Extinction of criminal liability

B. Double jeopardy

Not a ground to quash the information:

A. Execution of affidavit of desistance

B. Absence of probable cause
C. Matter of defense
D. Absence of preliminary investigation