2008 Revised Manual For Prosecutors

2008 Revised Manual for Prosecutors
R P I ,P
T C C

Rules on Procedure in the Investigation, Prosecution 1
and Trial of Criminal Cases 1

PART I. Prosecution of Offenses 1
PART II. INQUEST 3
PART III. PRELIMINARY INVESTIGATION 6
PART IV. PETITION FOR REVIEW 11
PART V. BAIL 12
PART VI. ARREST 14
PART VII. ARRAIGNMENT AND PLEA 14
PART VIII. PRE-TRIAL 14
PART IX. TRIAL' 15

crime was committed.3
PART I P O
SEC. 5. Information. - An information is the accusation in
SEC. 1 Criminal action. - A criminal action is one by which writing charging a person with an offense, subscribed by
the state prosecutes a person for an act or omission the prosecutor, and filed with the court. The information
punishable by law.1 need not be placed under oath by the prosecutor signing
the same. The prosecutor must, however, certify under
SEC. 2. How and where commenced. - A criminal action is
oath that -
commenced by the filing of a complaint with the
City/Provincial Prosecution Office or with the Municipal a) he has examined the complainant and his
Trial Court or Municipal Circuit Trial Court. However, a witnesses;
criminal action for an offense committed within Metro b) there is reasonable ground to believe that a
Manila, may be commenced only by the filing of the crime has been committed and that the
complaint with the Prosecutor's Office. accused is probably guilty thereof;
SEC. 3. Complaint. - A complaint is a sworn written c) the accused was informed of the complaint
statement charging a person with an offense and and of the evidence submitted against him;
subscribed by the offended party, any peace officer or and
public officer charged with the enforcement of the law
violated.2 d) the accused was given an opportunity to
submit controverting evidence.4
To discourage the filing of harassment charges, the
prosecutor shall warn the complainant that any false SEC. 6. Sufficiency of complaint or information. - A
statement in the complaint may give rise to a finding of a complaint or information shall be considered sufficient if
prima facie case for perjury before the same office. it states -
SEC. 4. Offended party, defined. - The offended party is a) the name of the accused;
the person against whom or against whose property the b) the designation of the offense committed;
1
c) the act or omission complained of;
Sec. 3 (b), Rule 1, 1997 Rules of Civil Procedure.
2 d) the name of the offended party;
Sec. 3, Rule 110, Rules on Criminal Procedure; Example of public
officer charged with the enforcement of the law violated: Bureau of e) the approximate time of the commission of
Customs officials for violation of the customs law; Bureau of Forest the offense; and
Development officials for violation of forestry laws; chief of police of a f) the place where the offense was committed.5
municipality for violation of a municipal ordinance which constitutes a SEC. 7. Other essential matters to be alleged in complaint
criminal offense. or information. -The following shall also be alleged in a
The sworn complaint referred to usually refers to a complaint filed in complaint or information:
court and not in the prosecutor's office. It is not necessary to file a a) every essential element of the offense;
sworn complaint with the prosecutor before the latter can conduct a
b) the criminal intent of the accused and its
preliminary investigation. A mere unsworn letter suffices to start an relation to the act or omission complained of;
investigation, except if the offense charged is one which cannot be
c) all qualifying and generic aggravating
prosecuted de oficio or is private in nature i.e., where the law requires
circumstances which are integral pans of the
that it be started by a complaint sworn to by the offended party. offense;
In a case involving a private offense, the phrase "complaint filed by the
d) all matters that are essential to the
offended party" as used in Section 5, Rule 110 should be given a liberal
constitution of the offense, such as the
or loose interpretation, meaning a "charge, allegation, grievance or ownership and/or value of the property
accusation" rather than a strict construction for often than not the robbed or destroyed; the particular
offended party who files it is unschooled in law The purpose of the knowledge to establish culpable intent; or the
complaint in Section 5, Rule 110, is merely to initiate or commence the
3
prosecution of the accused. Thus, the "Sinumpaang Salaysay" of the Sec. 12, par. 1, Rules on Criminal Procedure
4
victim of a private offense is already deemed a complaint" required in Sec. 4, Rule 112, ibid.
5
the aforesaid Sec. 5. (People vs. Sangil, 208 SCRA 696 [1992]). Sec. 6, Rule 110, ibid.

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particular intention that characterizes the the caption;

offense; b) the case number; and
e) age of the minor accused, and whenever c) the offense charged. The denomination of the offense
applicable, the fact that he acted with and the specific law and provision violated shall be
discernment; and specified.
f) age of the minor complainant, when age is SEC. 16. List of prosecution witnesses. - The information
material. shall contain the complete names and addresses of all
SEC. 8. Additional contents of a complaint - In addition to identified witnesses for the prosecution. In cases for
the matters listed above, a complaint or information shall violation of B. P. Blg. 22 and estafa cases, the list of
contain a certification that the recitals therein are true witnesses shall include the complainant, the bank
and correct and not in the nature of a countercharge to representative with specific reference to the check and
avoid conflict in the appreciation of the facts and account numbers involved and in the proper cases, the
evidence. company auditor; and in physical injuries cases, the
SEC. 9. Name of accused. - The complaint or information attending physician with specific reference to the
shall state the name and surname of the accused, if medical report and date of the incident.
known, or any appellation or nickname by which he -has SEC. 17. Number of offenses charged. - A complaint or
been or is known. If his name is not known, the accused information shall charge only one offense so as not to
shall be mentioned under a fictitious name such as "John confuse the accused in his defense, except in those cases
Doe'1 or "Jane Doe." in which existing laws prescribe a single punishment for
SEC. 10. Designation of offense. - To properly inform the various offenses, e.g., complex crimes under Article 48 of
accused of the nature and cause of the accusation the Revised Penal Code.11
against him, the complaint or information shall state, SEC. 18. Amendment of information or complaint. - An
whenever possible, - information or complaint may be amended before the
a) the designation given to the offense by the statute; accused pleads, after the accused has pleaded, and
during the trial.
b) the statement of the act or omission constituting the
same, and if there is no such designation, reference Before plea, amendment of the information or complaint,
shall be made to the section or subsection of the law in substance or form, is a matter of right.
punishing it.6 After plea and during trial, amendment may be made
SEC. 11. Cause of accusation. - The act or omission only with leave of court and only as to matters of form
complained of as constituting the offense shall be stated wherein the same can be done without prejudice to the
in an ordinary and concise language without repetition. rights of the accused.
The statement need not use the terms of the statute At any time before judgment, if there has been a mistake
defining the offense so long as a person of common in charging the proper offense, the court shall dismiss the
understanding is able to know what offense was original complaint or information upon the filing of a new
intended to be charged and to enable the court to one charging the proper offense in accordance with Rule
pronounce proper judgment.7 119, Section 11,12 provided the accused would not be placed
SEC. 12. Place of the commission of offense. - The thereby in double jeopardy. The court may also require
complaint or information is sufficient if it states that the the witnesses to give bail for their appearance at the trial.
13
crime charged was committed or some of the ingredients
thereof occurred at some place within the jurisdiction of SEC. 19. Mistake in form and substance. - A mistake in
the court, unless the particular place in which the crime form refers to clerical errors, matters which are not
was committed is an essential element of the crime e.g. essential to the charge, and those which will not mislead
in a prosecution for violation of the provision of the or prejudice the accused as when a defense under the
Election Code which punishes the carrying of a deadly original information can be used after the amendment is
weapon in a polling place, or if it is necessary to identify made and any evidence that the accused may have
the offense charged e.g., the domicile in the offense of would be equally applicable to the one form as in the
"violation of domicile." 8 other.
SEC. 13. Time of commission of offense. - The precise time A mistake in substance is any omission or misstatement
of the commission of the offense shall be stated in the which prevents an information from showing on its face
complaint or information if time is a material ingredient that an offense has been committed, or from showing
of the offense e.g. ,treason, infanticide. Otherwise, it is what offense is intended to be charged.14
sufficient that it be alleged that the offense was SEC. 20. How Period of Prescription Computed and
committed at any time as near to the actual date at Interrupted. - For an offense penalized under the Revised
which the offense was committed.9 Penal Code, the period of prescription commences to run
SEC. 14. Title of complaint or information. - The title of the
complaint or information shall be in the name of the 11
Sec. 13, ibid; " Penalty for complex crimes. - When a single act
"People of the Philippines" as Plaintiff against all persons
who appear to be responsible for the offense involved.10 constitutes two or more grave or less grave felonies, or when an
offense is a necessary means for committing the other, the penalty for
SEC. 15. Contents of caption of an information. - The
the most serious crime shall be imposed, the same to be applied in its
caption of an information shall, in addition to the name of
the Plaintiff, indicate the following: maximum period". (An. 48, Revised Penal Code).
12
"when mistake has teen made in charging the proper offense. - When
a) the complete names i.e., given name, maternal name,
it becomes manifest at any time before judgment, that a mistake has
surname, and addresses, of all the accused. In the
case of accused minors, their age shall be indicated in been made in charging the proper offense, and the accused cannot be
convicted of the offense charged, or of any offense necessarily included
therein, the accused shall not be discharged, if there appears to be
6
Sec. 8, ibid. good cause to detain him. In such case, the court shall commit the
7
Sec. 9, ibid. accused to answer for the proper offense and dismiss the original case
8
Sec. 10, ibid. upon the filing of the proper information."
9 13
9.Sec. 11, ibid. Sec. 2, ibid. Sec. 14, Rule 110, ibid.
10 14
Sec. 2, ibid. 42 C.J.S.,Sec. 240 at pp.1249-1250.

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from the day on which the crime is discovered by the one Prosecutor in the area, all inquest eases shall be
offended party, the authorities, or their agents, and shall referred to him for appropriate action.
be interrupted: Unless otherwise directed by the City or Provincial
a) by the filing of the complaint with the Office of the Prosecutor, those assigned to inquest duties shall
City/Provincial Prosecutor;15 or wit the Office of the discharge their functions during the hours of their
Ombudsman;16 or designated assignments and only at the police
b) by the filing of the complaint or information with the stations/headquarters of the PNP in order to expedite and
court even if it is merely for purposes of preliminary facilitate the disposition of inquest eases.
examination or investigation, or even if the court SEC. 3. Commencement and termination of inquest.- The
where the complaint or information is filed cannot try inquest proceedings shall be considered commenced
the case on its merits.17 upon receipt by the Inquest Officer from the law
However, for an offense covered by the Rules on enforcement authorities of the complaint/referral
Summary Procedure, the period of prescription is documents which should include:
interrupted only by the filing of the complaint or a) the affidavit of arrest;
information in court.18 b) the investigation report;
The prescription of an offense filed before the Prosecutor c) the statement of the complainant and witnesses; and
or Ombudsman shall commence to run again when such
proceedings terminate; while the prescription of an d) other supporting evidence gathered by the police in
offense filed in court starts to run again when the the course of the latter's investigation of the criminal
proceedings terminate without the accused being incident involving the arrested or detained person.
convicted or acquitted or are unjustifiably stopped for any The Inquest Officer shall, as far as practicable, cause the
reason not imputable to the accused.19 affidavit of arrest and statements/affidavits of the
For violation of a special law or ordinance, the period of complainant and the witnesses to be subscribed and
prescription shall commence to run from the day of the sworn to before him by the arresting officer and the
commission of the violation, and if the same is not known affiants.
at the time, from the discovery and the institution of The inquest proceedings must be terminated within the
judicial proceedings for its investigation and punishment. period prescribed under the provisions of Article 125 of
The prescription shall be interrupted only by the filing of the Revised Penal Code, as amended.24
the complaint or information in court and shall begin to
run again if the proceedings are dismissed for reasons not SEC. 4. Documents required in specific cases. - The
constituting double jeopardy.20 Inquest Officer shall, as far as practicable, require the
submission/presentation of the documents listed below,
For cases falling within the jurisdiction of the to wit:
Katarungang Pambarangay, the period of prescription is
likewise interrupted by the filing of the complaint with Murder, Homicide and Parricide
the punong barangay; but shall resume to run again a) certified true/machine copy of the certificate of
upon receipt by the complainant of the certificate of death of the victim; and
repudiation or of the certification to file action issued by
the lupon or pangkat secretary; Provided, however, That b) necropsy report and the certificate of
such interruption shall not exceed sixty (60) days from the post-mortem examination, if readily available.
filing of the complaint with the punong barangay.21 Frustrated or Attempted Homicide, Murder, Parricide and
Prescription shall not run when the offender is absent Physical Injuries
from the country.22 a) medical certificate of the complaining witness
In cases where the imposable penalty is imprisonment showing the nature or extent of the injury;
and/or a fine, the greater penalty shall be the basis for the b) certification or statement as to duration of the
computation of prescription. treatment or medical attendance; and
c) certificate or statement as to duration of
PART II INQUEST23 incapacity for work.
SECTION 1. Concept. - Inquest is an informal and Violation of the Dangerous Drugs Law (R.A. No.6425, as
summary investigation conducted by a public prosecutor amended)
in criminal cases involving persons arrested and detained a) chemistry report or certificate of laboratory
without the benefit of a warrant of arrest issued by the examination duly signed by the forensic chemist
court for the purpose of determining whether or not said or other duly authorized officer. If the foregoing
persons should remain under custody and documents are not available, the Inquest Officer
correspondingly be charged in court. may temporarily rely on the field test results on
SEC. 2. Designation of In quest Officer. – The City or the seized drug, as attested to by a PNP Narcotics
Provincial Prosecutor shall designate the Prosecutors Command operative or other competent person,
assigned to inquest duties and shall furnish the in which event, the Inquest Officer shall direct the
Philippine National Police (PNP) a list of their names and arresting officer to immediately forward the
their schedule of assignments. If, however, there is only seized drug to the crime laboratory for expert
testing and to submit to the prosecutor's office
the final forensic chemistry report within five (5)
15
Sec. 1, par. 2, Rule 110, Rules on Criminal Procedure. days from the date of the inquest;
16
Llenes vs. Dicdican, 260 SCRA 207 (1996). b) machine copy or photograph of the buy-bust
17
Ibid. money; and
18
Ibid. c) affidavit of the poseur-buyer, if any.
20 Theft and Robbery, Violation of the Anti-Piracy and
Sec. 2, Act No.3326, as amended.
21
Sec. 40 par.,Local Govt. Code.
22 24
Art. 91, par. 2, Revised Penal Code. 12 Hours for light offenses; 18 hours for less grave offenses; and 36
23
Department of Justice Circular No.61 dated 21 December hours for grave offenses.
1993.

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Anti-Highway Robbery Law (P.D. No.532) and Violation of following cases:
the Anti-Fencing Law (P.D. No.1612) a) if he is confined in a hospital;
a) a list/inventory of the articles and items subject of b) if he is detained in a place under maximum
the offense; and b) statement of their respective security;
values.
c) if production of the detained person will involve
Rape, Seduction and Forcible Abduction with Rape security risks; or
a) the medico-legal report (living case report), if the d) if the presence of the detained person is not
victim submitted herself for medical or physical feasible by reason of age, health, sex and other
examination. similar factors.
Violation of the Anti-Carnapping Law (R.A. No.6539) The absence of the detained person by reason of any of
a) machine copy of the certificate of motor vehicle the foregoing factors shall be noted by the Inquest
registration; Officer and reflected in the record of the case.
b) machine copy of the current official receipt of SEC. 7. Charges and counter-charges.- All charges and
payment of the registration fees of the subject counter-charges arising from the same incident shall, as
motor vehicle; and far as practicable, be consolidated and inquested jointly
c) other evidence of ownership. to avoid contradictory or inconsistent dispositions.
Violation of the Anti-Cattle Rustling Law (P.D. No.533) SEC. 8. Initial duty of Inquest Officer. - The Inquest Officer
shall first determine if the arrest of the detained person
a) machine copy of the cattle certificate of was made in accordance with paragraphs (a) and (b) of
registration; and Section 5, Rule 113 of the 1985 Rules on Criminal
b) photograph of the cattle, if readily available. Procedure, as amended, which provide that arrests
without a warrant may be effected:27
Violation of Illegal Gambling Law (P.D. No.1602)
a) when, in the presence of the arresting officer, the
a) gambling paraphernalia; and person to be arrested has committed, is actually
b) cash money, if any. committing, or is attempting to commit an
offense; or
Illegal Possession of Explosives (P.D. No.1866)
b) when an offense has in fact just been committed,
a) chemistry report duly signed by the forensic and the arresting officer has personal knowledge
chemist; and of facts indicating that the person to be arrested
b) photograph of the explosives, if readily available. has committed it.
Violation of the Fisheries Law (P.9. No.704) For this purpose, the Inquest Officer may summarily
a) photograph of the confiscated fish, if readily examine the arresting officers on the circumstances
available; and surrounding the arrest or apprehension of the detained
person.
b) certification of the Bureau of Fisheries and
Aquatic Resources. SEC. 9. where arrest not properly effected. - Should the
Inquest Officer find that the arrest was not made in
Violation of the Forestry Law (P.9. No.705) accordance with the Rules, he shall;
a) scale sheets containing the volume and species a) recommend the release of the person arrested or
of the forest products confiscated, number of detained;
pieces and other important details such as
estimated value of the products confiscated; b) note down the disposition on the referral
document;
b) certification of Department of Environment
and Natural Resources/Bureau of Forest c) prepare a brief memorandum indicating the
Management; and reasons for the action taken; and
c) seizure receipt. d) forward the same, together with the record of the

case, to the City or Provincial Prosecutor for
The submission of the foregoing documents shall not be appropriate action.
absolutely required if there are other forms of evidence
submitted which will sufficiently establish the facts Where the recommendation for the release of the
sought to be proved by the foregoing documents. detained person is approved by the City or Provincial
Prosecutor but the evidence on hand warrants the
SEC. 5. Incomplete documents. - When the documents conduct of a regular preliminary investigation, the order
presented are not complete to establish probable cause, of release shall be served on the officer having custody of
the Inquest Officer shall direct the law enforcement said detainee and shall direct the said officer to serve
agency to submit the required evidence within the period upon the detainee the subpoena or notice of preliminary
prescribed under the provisions of Article 125 of the investigation, together with the copies of the charge
Revised Penal Code, as amended.25 Otherwise, the sheet or complaint, affidavits or sworn statements of the
Inquest Officer shall order the release of the detained complainant and his witnesses and other supporting
person26 and, where the inquest is conducted outside of evidence.28
office hours, direct the law enforcement agency
concerned to file the case with the City or Provincial SEC. 10. where arrest properly effected. - Should the
Prosecutor for appropriate action. inquest Officer find that the arrest was properly effected,
the detained person shall be asked if he desires to avail
SEC. 6. Presence of detained person. - The presence of the himself of a preliminary investigation and, if he does, he
detained person who is under custody shall be ensured shall be made to execute a waiver of the provisions of
during the proceedings.
However, the production of the detained person before
the Inquest Officer may be dispensed with in the 27
Go vs. Court of Appeals, 206 SCRA 138 [1992]; Umil, et.al. vs.
Ramos, 202 SCRA 251 [1991] and companion cases People vs.
Malmstedt, 198 SCRA 401 and People vs. Aminudin, 163 SCRA 402
25
NPS Form No.1. [1988].
26 28
NPS Form No.2. See NPS Form No.2.

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Article 125 of the Revised Penal Code, as amended29, with finds no probable cause, he shall:
the assistance of a lawyer and, in case of non-availability a) recommend the release of the arrested or
of a lawyer, a responsible person of his choice.30 The detained person;32
preliminary investigation may be conducted by the
Inquest Officer himself or by any other Assistant b) note down his disposition on the referral
Prosecutor to whom the case may be assigned by the document;
City or Provincial Prosecutor, which investigation shall be c) prepare a brief memorandum indicating the
terminated within fifteen (15) days from its inception. reasons for the action taken; and
SEC. 11. Inquest preliminary investigation Inquest Officer d) forthwith forward the record of the case to the
shall statements/affidavits of evidence submitted to him. City or Provincial Prosecutor for appropriate
proper.- Where the detained person does not opt for or action.
otherwise refuses to execute the required waiver, the
proceed with the inquest by examining the sworn the If the recommendation of the Inquest Officer for the
complainant and the witnesses and other supporting release of the arrested or detained person is approved,
the order of release shall be served on the officer having
If necessary, the Inquest Officer shall require the custody of the said detainee.
presence of the complaining witnesses and subject them
to an informal and summary investigation or examination Should the City or Provincial Prosecutor disapprove the
for purposes of determining the existence of probable recommendation of release, the arrested or detained
cause. person shall remain under custody, and the
corresponding complaint/information shall be filed by
SEC. 12. Meaning of probable cause.- Probable cause the City or Provincial Prosecutor or by any Assistant
exists when the evidence submitted to the Inquest Prosecutor to whom the case may be assigned.
Officer engenders a well-founded belief that a crime has
been committed and that the arrested Or detained SEC. 16. Presence at crime scene. - Whenever a dead body
person is probably guilty thereof. is found and there is reason to believe that the death
resulted from foul play, or from the unlawful acts or
SEC. 13. Presence of probable cause.- If the Inquest Officer omissions of other persons and such fact has been
finds that probable cause exists, he shall forthwith brought to his attention, the Inquest Officer shall:
prepare the corresponding complaint/information with
the recommendation that the same be filed in court. The a) forthwith proceed to the crime scene or place of
complaint/information shall indicate the offense discovery of the dead person;
committed and the amount of bail recommended, if b) cause an immediate autopsy to be conducted by
bailable. the appropriate medico-legal officer in the
Thereafter, the record of the case, together with the locality or the PNP medico-legal division or the
prepared complaint/information, shall be forwarded to NBI medico-legal office, as the case may be;
the City or Provincial Prosecutor for appropriate action. c) direct the police investigator to cause the taking
The complaint/information may be filed by the Inquest of photographs of the crime scene or place of
Officer himself or by any other Assistant Prosecutor to discovery of the dead body;
whom the case may be assigned by the City or Provincial d) supervise the investigation to be conducted by
Prosecutor. the police authorities as well as the recovery of all
SEC. 14. Contents of Information.- The information shall, articles and pieces of evidence found thereat and
among others, contain: see to it that the same are safeguarded and the
chain of the custody thereof properly recorded;
a) a certification by the filing Prosecutor that he is and
filing the same in accordance with the provisions
of Section 7, Rule 112, Rules on Criminal e) submit a written report of his finding to the City
Procedure, in cases cognizable by the Regional or Provincial Prosecutor for appropriate action.
Trial Court;31 SEC. 17. Sandiganbayan cases.- Should any complaint
b) the full name and aliases, if any, and address of cognizable by the Sandiganbayan be referred to an
the accused; Inquest Officer for investigation, the latter shall, after
conducting the corresponding inquest proceeding,
c) the place where the accused is actually detained; forthwith forward the complete record to the City or
d) the full names and addresses of the complainant Provincial Prosecutor for appropriate action.
and witnesses; SEC. 18. Recovered articles.- The Inquest Officer shall see
e) a detailed description of the recovered items, if to it that all articles recovered by the police at the time of
any; the arrest or apprehension of the detained person are
physically inventoried, checked and accounted for with
f) the full name and address of the evidence the issuance of corresponding receipts by the police
custodian; officer/investigator concerned.
g) the age and date of birth of the complainant or The said articles must be properly deposited with the
the accused, if eighteen (18) years of age or below; police evidence custodian and not with the police
and investigator.
h) the full names and addresses of the parents, The Inquest Officer shall ensure that the items recovered
custodians or guardians of the minor are duly safeguarded and the chain of custody is properly
complainant or accused, as the case may be. recorded.
SEC. 15. Absence of probable cause.- If the Inquest Officer SEC. 19. Release of recovered articles.- The Inquest Officer
shall, with the prior approval of the City or Provincial
29
See NPS Form No.3. Prosecutor or his duly authorized representative, order
30
Such responsible person may be a parent, elder brother or sister, the release33 of recovered articles to their lawful owner or
spouse, the municipal mayor, the municipal judge, district school possessor, subject to the conditions that:
supervisor, or priest/minister of the gospel as chosen by him (Sec. 2 (d)
32
RA 7438, An Act Defining Rights of Person Arrested, Detained or under NPS Form No.4.
Custodial Investigation)
31 33
NPS Form No.2. See NPS Form No.5.

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a) there is a written request for their release;34 Investigation. - The following may conduct a preliminary
b) the person requesting the release of said articles investigation;39
is shown to be the lawful owner or possessor a) Provincial or City Prosecutors and their assistants;
thereof; b) Judges of Municipal Trial Courts and Municipal
c) the requesting party undertakes under oath to Circuit Trial Courts;
produce said articles before the court when so c) National and Regional State Prosecutors; and
required;
d) Other officers as may be authorized by law.40
d) the requesting party, if he is a material witness to
the case, affirms or reaffirms his statement Their authority to conduct preliminary investigation shall
concerning the case and undertakes under oath include all crimes cognizable by the proper court in their
to appear and testify before the court when so respective territorial jurisdiction.41
required; SEC. 7. Commencement of Preliminary Investigation.- A
e) the said articles are not the instruments, or tools preliminary investigation proceeding is commenced:
in the commission of the offense charged nor the a) by the filing of a complaint by the offended party
proceeds thereof; and or any competent person42 directly with the
f) photographs of said articles are first taken and Office of the Investigating Prosecutor or Judge;
duly certified to by the police evidence custodian b) by referral from or upon request of the law
as accurately representing the evidence in his enforcement agency that investigated a criminal
custody. incident;
c) upon request of a person arrested or detained
PART III PRELIMINARY INVESTIGATION pursuant to a warrantless arrest who executes a
SECTION 1. Concept of preliminary investigation - A waiver of the provisions of Article 125 of the
preliminary investigation is an inquiry or proceeding to Revised Penal Code, as amended;
determine whether there is sufficient ground to d) by order or upon directive of the court or other
engender a well founded belief that a crime cognizable competent authority; or
by the Regional Trial Court has been committed and that e) for election offenses, upon the initiative of the
the respondent is probably guilty thereof and should be Commission on Elections, or upon written
held for trial.35 complaint by any citizen, candidate, registered
A preliminary investigation is essentially a judicial inquiry political party, coalition of registered parties or
since there is the opportunity to be heard, the production organizations under the party-list system or any
and weighing of evidence, and a decision rendered on accredited citizen arm of the Commission on
the basis of such evidence. In this sense, the investigating Elections.43
prosecutor is a quasi-judicial officer.36 SEC. 8. Complaint. - For purposes of preliminary
SEC. 2. Purpose of preliminary investigation. - A investigation, the complaint filed with the prosecutor's
preliminary investigation is intended: office shall, as far as practicable, be accompanied or
a) to secure the innocent against hasty, malicious covered by an Information Sheet and shall state, among
and oppressive prosecution and to protect him others -
from an open and public accusation of a crime a) the full and complete names and exact home,
and from the trouble, expense and anxiety of a office or postal addresses of the complainant and
public trial;37 and his witnesses;
b) to protect the State from having to conduct b) The full and complete name and exact home,
useless and expensive trials.38 office or postal address of the respondent;
SEC. 3. Nature of preliminary investigation. - The conduct c) The offense charged and the place and exact
of a preliminary investigation is a substantive right which date and time of its commission; and
the accused may invoke prior to or at least at the time of d) Whether or not there exists a related case and, if
plea, the deprivation of which would be a denial of his so, the docket number of said case and the name
right to due process. of the Investigating Prosecutor thereof.
SEC. 4. Effect of amendment of information. - In case an SEC. 9. Supporting affidavits.- The complaint shall be
information is amended, a new preliminary investigation accompanied by the affidavits of the complainant and his
shall be conducted if the amended charge is not related witnesses, as well as other supporting proofs or
to the crime originally charged; if there is a change in the documents, if any. The affidavits shall be sworn to before
nature of the crime charged; or if the information on its a Provincial, City or State Prosecutor, or other government
face is null and void for lack of authority to file the same. official authorized to administer oaths or, in their absence
SEC. 5. where right of preliminary investigation may he or unavailability, a notary public, who must certify that he
invoked. - The right to a preliminary investigation may be personally examined the affiants and that he is satisfied
invoked only in cases cognizable by the Regional Trial that they voluntarily executed and understood their
Court. The right is not available in cases triable by inferior affidavits.44
courts. When the preliminary investigation is commenced by
SEC. 6. Officers Authorized to Conduct Preliminary referral from or upon request of the law enforcement
34 39
See NPS Form No.6. Par. 1, Sec. 2, Rule 112, supra.
35 40
Section 1, Rule 112, Rules on Criminal Procedure. The Special Prosecution Officers and Graft Investigation Officers in
36
Cruz, Jr. vs. People, 233 SCRA 439 [1994]. cases cognizable by the Office of the Ombudsman and the COMELEC
37
People vs. Poculan, 167 SCRA 176 [1988]; Rodis, Sr. vs. officials in cases involving violations of the Election Code, PCGG
Sandiganbayan, Second Division, 166 SCRA 618 [19881; Salonga vs. Officers
41
Pano, 134 SCRA 438 [1985]; Trocio vs. Manta, 118 SCRA 241 Par. 2, Section 2, Rule 112, supra.
42
[1982]; Sausi vs. Querubin, 62 SCRA 155 [1975]; and Hashim vs. Ebarle vs. Sucaldito, 156 SCRA 803 [1987].
43
Boncan, 71 Phil. 216 [1941]. Sections 3 & 5, Rule 34, COMELEC Rules of Procedure.
44
38
Tandoc vs. Resultan, 175 SCRA 37 [1989]. Sec. 3(a), Rule 112, Rules on Criminal Procedure.

6 of 17
agency that investigated the incident, the affidavits of the violation of a penal law has been committed; or

complainant and his witnesses to be submitted by the e) that the complaint and the supporting affidavits
said agency shall consist of the original or duplicate are unsigned and/or have not been duly
original or certified machine copies thereof. subscribed and sworn to as prescribed under the
SEC. 10. Number of copies of affidavits. - The complaint Rules on Criminal Procedure.
and supporting affidavits shall be in such number of SEC. 15. Personal service of documents by investigating
copies as there are respondents, plus four (4) copies for prosecutor. -Whenever circumstances warrant and to
the court/official file. prevent the loss of documents in the course of the service
Where a complaint charges multiple offenses which of a subpoena through ordinary modes, the Investigating
cannot be the subject of one indictment or information, Prosecutor may require the respondent or other parties
the complainant may be required to submit such to appear before him on a designated date, time and
additional copies of the complaint and supporting place and then and there personally furnish them with
affidavits as there are offenses charged in the complaint. copies of the complaint, supporting affidavits and other
SEC. 11. Barangay certification . - If the offense charged is documents.
punishable by imprisonment not exceeding one (1) year At the said or any other setting, the respondent shall have
or a fine not exceeding Five Thousand Pesos (5,000.00) the right to examine all other evidence submitted by the
and the parties to the case are all residents of the same complainant.
city or municipality, the complaint shall be accompanied Failure on the part of the respondent or his
by the certification required under Section 412 (a) of R.A. counsel/representative to appear before the Investigating
Act No.7160, "The Local Government Code of 1991.45 Prosecutor to obtain copies of the complaint, supporting
SEC. 12. Lack of barangay certification.- The absence of a affidavits and other documents despite receipt of notice
barangay certification shall not be a ground for the or subpoena shall be considered a waiver or forfeiture of
dismissal of the complaint. The Investigating Prosecutor respondent’s right to be furnished copies of the
shall, however, make the corresponding referral of the complaint, supporting affidavits and other documents, as
complaint to the proper Lupong Tagapamayapa for well as to examine all other evidence submitted by the
appropriate action pursuant to the provisions of Chapter complainant.
7, Book III of R.A. No.7160. In connection therewith, the For the purposes specified in the first paragraph hereof,
complainant may be summoned for the purpose of the Investigating Prosecutor shall not require the
delivering the referral to the Chairman of the appropriate appearance before him of the respondent or other parties
barangay and to secure the necessary certification within who are residing in distant places. In such cases, the
thirty (30) days. Investigating Prosecutor shall issue and send the
In any of the following cases. the Investigating Prosecutor subpoena, together with copies of the complaint,
shall proceed to take cognizance of the complaint for supporting affidavit and other documents, by registered
purposes of preliminary investigation46 even if there is no special delivery mail with return card.
Barangay Certification: SEC. 16. Service of subpoena in preliminary investigation. -
a) where the respondent is under detention; or To expedite the conduct of a preliminary investigation,
b) where the respondent has been deprived of the following guidelines shall be observed in the service
personal liberty calling for habeas corpus of subpoenas-
proceedings; or a) Service of subpoena and all papers/documents
c) where the case may be barred by the Statute of required to be attached thereto shall be b'~-
Limitations. personal service by regular process servers. In
their absence, the cooperation of the Provincial
SEC. 13. Initial/ action on the Complaint.- Within ten (10) City/Municipal Station Commanders of the
days after the filing of the complaint, the Investigating Philippine National Police (PNP) may be
Prosecutor shall either dismiss the same if he finds no requested for the purpose.
ground to continue with the inquiry, or issue a subpoena
to the respondent, attaching thereto a copy of the b) Under other circumstances, where personal
complaint together with the affidavits of witnesses and service cannot be effected but the respondent
other supporting documents. 47 cannot be considered as incapable of being
subpoenaed as when he continues to reside at
SEC. 14. Dismissal of complaint. - The following, among his known address but the return states that he
others, shall constitute sufficient basis for the outright "has left his residence and his return is uncertain"
dismissal of a complaint: or words of similar import, service of subpoena
a) that the offense charged in the complaint was and its attachments shall be effected by
committed outside the territorial jurisdiction of registered mail with return card at respondent's
the Office of the Investigating Officer;48 known home/office address. On the face of the
envelope shall be indicated
b) that, at the time of the filing of the complaint, the
offense charged therein had already prescribed; i) the name and return address of the
sender and the Typewritten/printed
c) that the complainant is not authorized under the phrase "First Notice Made
provisions of pertinent laws to file the complaint; on______________", thus instructing the
d) that the acts and/or omissions alleged in the postmaster/postal employee of the
complaint and/or the supporting affidavits do not necessity of informing the sender of the
sufficiently show that a criminal offense or date the first notice was made on the
addressee; and
45
See Appendix "0", List of Offenses cognizable by the Lupong ii) the typewritten/printed request: "If not
Tagapamayapa (Crimes Covered by the Katarungang Pambarangay). claimed within five (5) days from first
notice, please return to sender."
47
Section 3(b), Rule 112, Rules of Criminal Procedure. c) Upon receipt of the unclaimed/returned
48
The resolution of dismissal should include a statement that the entire envelope, the Investigating Prosecutor may then
record of the case is being forwarded to the office having jurisdiction proceed to resolve the complaint on the basis of
over the same.

7 of 17
the evidence presented by the complainant.49 extension of time to submit counter-affidavits shall be
SEC. 17. Where Respondent cannot be subpoenaed - If a allowed or granted by the Investigating Prosecutor
respondent cannot be subpoenaed, as, for instance, he except when the interest of justice demands that the
transferred residence without leaving any forwarding respondent be given reasonable time or sufficient
address, the Investigating Prosecutor shall base his opportunity to:
resolution on the evidence presented by the complainant. a) engage the services of counsel to assist him in
SEC. 18. Counter-Affidavits.- In cases where the the preliminary investigation proceedings;
respondent is subpoenaed, he shall within ten (10) days b) examine or verify the existence, authenticity or
from receipt of the complaint and other documents, accuracy of voluminous records, files, accounts or
submit his counter-affidavit and other supporting other papers or documents presented or
documents which shall be sworn to and certified as submitted in support of the complaint; or
prescribed in the second sentence of par. 1 of Section 9 c) undertake studies or research on novel,
this Part, copies of which shall be furnished by the complicated or technical questions or issues of
respondent to the complainant.50 law and of facts attendant to the case under
Only a counter-affidavit subscribed and sworn to by the investigation.
respondent before the Public Prosecutor can dispute or Extensions of time to submit a counter-affidavit for any of
put at issue the allegations in the complaint. A the reasons stated above shall not exceed ten (10) days.
memorandum, manifestation or motion to dismiss Additional extensions may be authorized by the
signed by the counsel cannot take the place of a Provincial/City Prosecutor concerned.
counter-affidavit. Thus, a respondent relying on the
manifestation, memorandum or motion to dismiss of his SEC. 22. Suspension of proceedings.- Upon motion of a
counsel is deemed to have not controverted party, or when raised in a counter-affidavit, the
complainant's evidence. 51 Investigating Prosecutor may suspend the preliminary
investigation proceedings if the existence of a prejudicial
However, if such memorandum, manifestation or motion question is satisfactorily established.52
to dismiss is verified by the respondent himself, the same
may be considered a counter-affidavit. The existence of a prejudicial question shall, however, not
be a ground for the dismissal of the complaint.
SEC. 19. Motion for dismissal of bill of particulars.-The
filing of a motion for the dismissal of the complaint or for SEC. 23. Concept of prejudicial question.- A prejudicial
the submission of a bill of particulars shall not suspend or question is one the resolution of which is a logical
interrupt the running of the period for the submission of antecedent of the issue involved in a case and the
counter-affidavits and other supporting documents. cognizance of which pertains to another tribunal.53 It is
based on a fact distinct and separate from the crime
All the grounds for the dismissal of the complaint, as well charged but so intimately connected with it that it
as objections to the sufficiency thereof, shall be alleged or determines the guilt or innocence of the accused. To
incorporated in the counter-affidavit and shall be suspend the criminal action, it must not only appear that
resolved by the Investigating Prosecutor jointly on the said case involves facts intimately related to those upon
merits of the case. which the criminal prosecution would be based but also
The Investigating Prosecutor may grant a motion to that in the resolution of the issue or issues raised in the
dismiss filed by a respondent who is yet to file or has not civil case, the guilt or innocence of the accused would
filed his counter-affidavit if the said motion is verified and necessarily be determined.54
satisfactorily establishes, among others: SEC. 24. Elements of prejudicial question. - The essential
a) the circumstances specified in sub-paragraphs elements of a prejudicial question are:
(a), (b)9 (c) and (d) and (e) of Section 14 of this a) the civil action involves an issue similar or
Part; intimately related to the issue raised in the
b) the fact that the complaint, or one similar thereto criminal action;
or identical therewith, has previously been filed b) the resolution of such issue determines whether
with the Office and has been fully adjudicated or not the criminal action may proceed ;55 and
upon on the merits after due preliminary
investigation proceedings; or c) the cognizance of the said issue pertains to
another tribunal.56
c) the extinction of respondents criminal liability by
reason of death, pardon, amnesty, repeal of the SEC. 25. Issuance of orders of suspension of proceedings.-
law under which prosecution is sought, or other No resolution or order suspending the preliminary
legal causes. investigation based on the existence of a prejudicial
question shall be issued by the Investigating Prosecutor
SEC. 20. Consolidation.- The following cases shall, as far as without the written approval of the Provincial/City
practicable, be consolidated for preliminary investigation Prosecutor concerned or his duly designated assistant.
purposes and assigned to and jointly heard by one
Investigating Officer: SEC. 26. Reply-affidavits and rejoinders.- The Investigating
Prosecutor shall not require or allow the filing or
a) charges and counter-charges; submission of reply-affidavits and/or rejoinders, except
b) cases arising from one and the same incident or where new issues of fact or questions of law which are
transaction or series of incident or transactions; material and substantial in nature are raised or invoked in
and the counter-affidavit or subsequent pleadings and there
c) cases involving common parties and founded on exists a need for said issues or questions to be
factual and/or legal issues of the same or similar
character. 52
Sec.6, Rule 111, ibid.
53
SEC. 21. Extension of time. - No motion or request for Ras vs. Rasul, 100 SCRA 125 [1980]; Quiambao vs. Osono, G. R.
No.48157, March 16, 1988; and Appendix “P”
49 54
Sec 3(d), Rule 112, Rules on Criminal Procedure; Department of Donato vs. Luna, G.R. No.53642, April 15, 1988; Prado vs. People,
Justice Memorandum Circular No.25 dated 2 October 1989. 133 SCRA 602 [1984]; and Librodo vs. Coscolluela, Jr., 116 SCRA 303
50
Secs. 3(b) & (c), Rule 112, supra. [1982].
51 55
DOJ Resolution No.109, Series of 1990. (I. S. NO.89-243, "Bulacan Sec. 5, Rule 111, supra.
56
Garden Corporation vs. Filomena", OPP, Bulacan). Cf. Ras vs. Rasul, supra; Quiambao vs. Osono, supra.

8 of 17
controverted or rebutted, clarified or explained to enable a) the motion is verified and a copy thereof
the Investigating Prosecutor to arrive at a fair and furnished the opposing party;
judicious resolution of the case. In such a case, the period b) the motion is accompanied with the new and/or
for the submission of reply affidavits or rejoinders shall in additional evidence; and
no case exceed five (5) days unless a longer period is
authorized by the Provincial/City Prosecutor concerned. c) the motion sufficiently and satisfactorily shows
valid and justifiable reason for the failure of the
SEC. 27. Clarificatory questions. - The Investigating movant to submit the new and/or additional
Prosecutor may set a hearing to propound clarificatory evidence during the preliminary investigation
questions to the parties or their witnesses if he believes proceedings.
that there are matters which need to be inquired into
personally by him. In said hearing, the parties shall be SEC. 32. Cases Transmitted by the Municipal Trial Judge. -
afforded the opportunity to be present but without the Upon receipt of the records of the case from the
right to examine or cross-examine. If they so desire, they Municipal Trial Court or Municipal Circuit Trial Court
may submit written questions to the Investigating which conducted the Preliminary Investigation, the
Prosecutor who may propound such questions to the Prosecution Office shall review the case based on the
parties or witnesses concerned.57 existing records, without requesting the parties to submit
memorandum of authorities,61 and may affirm, modify or
The Investigating Prosecutor shall make a record of the reverse the finding of the Municipal Trial Court judge.
questions asked and answers given during the However, if the interest of justice so requires, the
clarificatory questioning which shall be signed by the prosecutor may conduct a full blown reinvestigation
parties concerned and/or their respective counsel. Said giving the parties the opportunity to submit additional
notes shall form part of the official records of the case. evidence, and thereafter, resolve the case on the basis of
Parties who desire to file a petition for review of the the totality of the evidence thus adduced.
Investigating Officer's resolution may, at their option, cite
specific portions of the oral testimony by reference to the SEC. 33. Memoranda. - The Investigating Prosecutor shall
transcript of stenographic notes. Said notes shall only be not require nor allow the filing or submission by the
transcribed in cases of appeal and shall be obtained at parties of memoranda unless the case involves difficult or
the expense of the interested party. complicated questions of law or of fact. In any event, the
filing of memoranda by the parties shall be done
SEC. 28. Submission of case for resolution. - The simultaneously and the period therefore shall not exceed
Investigating Prosecutor shall case submitted for ten (10) days, unless a longer period is authorized by the
resolution: Provincial/City Prosecutor concerned.
a) when the respondent cannot be subpoenaed or, SEC. 34. Period for resolving a case. - The Investigating
if subpoenaed, does not submit his Prosecutor shall resolve the case within ten (10) days from
counter-affidavit within the reglementary period. the time the case is deemed submitted for resolution,62
In such a case, the Investigating Prosecutor shall unless otherwise provided herein or a longer period is
base his resolution on the evidence presented by authorized by the Provincial/City Prosecutor concerned.
the complainant;58 or
SEC. 35. Form of resolution and number of copies.- The
b) upon submission by the parties of their resolution shall be written in the official language,
respective affidavits and supporting proof or personally and directly prepared and signed by the
documents, in which event, he shall, upon the Investigating Prosecutor. It shall be prepared in as many
evidence thus adduced, determine whether or copies as there are parties, plus three (3) additional
not there is sufficient ground to hold the copies.
respondent for trial 59
SEC. 36. Contents of the resolution. - A resolution shall
SEC. 29. Lack of probable cause.- If the Investigating contain a caption and a body.
Prosecutor does not find sufficient basis for the
prosecution of the respondent, he shall prepare the SEC. 37. Caption of resolution. - The caption of the
resolution recommending the dismissal of the complaint. resolution shall indicate the:
SEC. 30. Finding of probable cause. - If the Investigating a) names of all the complainants and all of the
Prosecutor finds that probable cause exists, he shall respondents;
prepare the resolution and the corresponding b) Case Number, otherwise known as the
information or complaint in the appropriate cases. Investigation Slip Number or 1.8. No.;
Where the respondent is a public officer or employee or a c) the offense charged;
member of the Philippine National Police (PNP), the
Investigating Prosecutor shall also determine whether or d) the date of the filing of the complaint with the
not the offense with which he is charged was committed office;
in relation to his office and, if so committed, such fact e) the date of the assignment of the case to or
should be alleged in the information to be filed with the receipt of the case record by the Investigating
Sandiganbayan through the Ombudsman 60 Officer; and
SEC. 31. Reopening of investigation.- After a case under f) the date the case was submitted for resolution.
preliminary investigation has been submitted for
resolution under the provisions of the preceding Section SEC. 38. Names of parties. - The complete names of all the
but before promulgation of the resolution, the complainants and respondents in the case shall be set
preliminary investigation may be reopened for the out in the caption of the resolution. It is not proper to use
purpose of receiving new and/or additional evidence the phrase "et. al." to refer to other complainants and
upon the prior authorization given by the Provincial/City respondents.
Prosecutor concerned or upon motion of the interested The name of the victim or injured party, not their
party, Provided, That in the latter case, it shall be subject representative, shall appear in the caption. In cases
to the following conditions: referred to the prosecution by the police where there is
no identified victim, as in prohibited drugs cases, the
complainant shall be the police station involved, followed
57
Sec. 3(e), Rule 112, supra. by the name and designation of the police officer
58
Secs. 3 (d) & (f), Rule 112, ibid.
59 61
Sections 3(d) & (f), Rule 112, ibid. Department of Justice Memorandum Circular No.7, s.1988.
60 62
Republic vs. Maximiano Asuncion, G.R. No. L-108208, March 1994. Sec. 3(f), Rule 112, supra.

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representing the police station. In homicide or murder SEC. 44. Recommended bail. - The bail recommended in
cases, the name of the victim or of the complainant shall the resolution shall be stated in the information, written
be in the caption. The heirs or relatives of the slain victim in words and figures, and initialed by the investigating
shall be indicated as "Legal heirs of deceased (name or prosecutor.
person killed)", represented by "(either the surviving SEC. 45. Parties to be furnished with a copy of the
spouse, father or mother)". resolution. - The complete names and addresses of the
In the case of a corporation or judicial entity, its corporate complainant and the respondent shall be set out at the
name or identity shall be indicated and written as follows. end of the resolution after the signature of the
" 'X' Corporation, represented by its (position title), (name investigating prosecutor and the head of the Prosecutor's
of corporate officer)". Office concerned under the phrase: "Copy furnished:".
SEC. 39. Case number. - The number of a case shall If the parties are represented by counsel and the latter's
indicate the year and month; it was filed and its entry appearance is entered formally in the record,63 the
number in the log book of the office, e.g. 97 counsel, not the party, shall be given a copy of the
(year)A(month)-024(entry number). resolution.
SEC. 40. Designation of offense charged. - For offenses SEC. 46. Signature and initials of investigating prosecutor.
that are punishable under the Revised Penal Code, the - The investigating prosecutor shall sign the resolution
caption shall set forth the denomination of the offense and if the resolution consists of two or more pages, the
and the specific article and paragraph of the statute prosecutor shall initial all of said pages, excluding the
violated. signature page.
Where there is another charge or countercharge in the SEC. 47. Records of the case. - The investigating fiscal
same case having one case number or in case of a shall forward his resolution, together with the complete
consolidated resolution involving two or more criminal records of the case, to the Provincial or City Prosecutor or
cases with two or more docket numbers, the caption shall Chief State Prosecutor concerned within five (5) days
also contain said information. from the date of his resolution.64
SEC. 41. Contents of body of resolution. - In general, the SEC. 48. Action of the Provincial or City Prosecutor or
body of resolution should contain: Chief State Prosecutor on resolution. - The Provincial or
a) a brief summary of the facts of the case; City Prosecutor or Chief State Prosecutor concerned shall
act on all resolutions within ten (10) days from receipt
b) a concise statement of the issues involved; and thereof by either approving or disapproving the
c) the findings and recommendations of the resolution or returning the same to the investigating
Investigating Prosecutor. prosecutor for further appropriate action.' 'immediately
after approving or disapproving the resolution, the
All material details that should be found in the Provincial or City Prosecutor or Chief State Prosecutor
information prepared by the Investigating Prosecutor concerned shall transmit a copy of the resolution to the
shall be stated in the resolution. parties.
SEC. 42. Parts of a resolution. - As a rule, the body of a SEC. 49. Reversal by the Provincial or City Prosecutor or
resolution is made up of four parts, namely: Chief State Prosecutor of resolution of investigating
a) Part 1 shall state the nature of the case as prosecutor. - If the Provincial or City Prosecutor or Chief
disclosed in the evidence presented by the State Prosecutor reverses the recommendation in the
complainant such as his affidavit-complaint, the resolution of the investigating prosecutor, the former
affidavit of witnesses and documentary and may, by himself, file the corresponding information or
physical evidence. The affidavits shall be direct any other assistant prosecutor or state prosecutor,
numbered in the order of the presentation of the as the case may be, to do so without need of conducting
prosecution witnesses as disclosed in the list of another preliminary investigation.
witnesses appearing in the information. As for SEC. 50. Approval of pleading by head of prosecution
the documentary evidence, they shall be office. - A pleading prepared by the trial prosecutor,
alphabetically marked as they would be marked including ex parte motions, shall not be filed in court
during the pre-trial and trial stages of the case. without the prior written approval by the Provincial or
b) Part 2 shall contain the version of complainant of City Prosecutor or Chief State Prosecutor, as the case may
the incident. The presentation of the be, of said pleading.
complainant's case should be concise and shall SEC. 51. Motion for reinvestigation, where filed. - Before
not be cluttered with details that are not the arraignment of the accused, a motion for
necessary to show the elements of the offense. reinvestigation of the case may be filed with the
c) Part 3 shall allege the respondent’s version of the City/Provincial Prosecutor, Provided, That when the case
incident. This must also be concise. has been appealed to the Regional State Prosecutor or
the Department of Justice, such motion may be filed,
d) Part 4 shall contain the discussion, analysis and respectively, with the said offices. After arraignment, said
evaluation by the prosecutor of the evidence motion may only be filed with the judge hearing the case.
presented by the complainant and the
respondent, without relying on the weakness of SEC. 52. Confidentiality of resolutions. - All resolutions
the defense of the respondent. It shall also prepared by an Investigating Prosecutor after preliminary
contain the conclusion of the prosecutor. The investigation, whether his recommendation be for the
complainant's and respondent's versions of the filing or dismissal of the case, shall be held in strict
incident need not be repeated in this part except confidence and shall not be made known to the parties,
to point out excerpts relating to the existence or their counsel and/or to any unauthorized person until the
absence of the elements of the crime. Citations same shall have been finally acted upon by the
of pertinent laws and jurisprudence should Provincial/City Prosecutor or his duly authorized assistant
support the conclusions reached. Where and approved for promulgation and release to the parties.
numerical values are important, the number shall Violation of the foregoing shall subject the Investigating
be written in words and figures.
SEC. 43. How recommended hail is written. - The bail 63
Note: A special appearance does not qualify.
recommended in the resolution shall be written in words 64
and figures. Sec. 4, par.1,Rule 112, supra.

10 of 17
Prosecutor or the employee of the office concerned to a copy thereof on the opposing party and must state
severe disciplinary action. clearly and distinctly the grounds relied upon in support
SEC. 53. Information/Complaint.- The of the motion.
information/complaint shall be personally and directly A motion for reconsideration is still part of due process in
prepared by the Investigating Prosecutor or such other the preliminary investigation. The denial thereof is a
prosecutor designated for the purpose and signed by him reversible error as it constitutes a deprivation of the
or the complainant, as the case may be. It shall state and respondent's right to a full preliminary investigation
contain, in addition to the requirements of the Rules of preparatory to the filing of the information against him.67
Court on the sufficiency of the allegations in an The court therefore may not proceed with the
information or complaint, the following: arraignment and trial pending resolution of the motion
a) the full name and aliases, if any, and address of for reconsideration.
the accused; SEC. 57. Inhibition. - A Prosecutor shall inhibit himself
b) the age and date of birth of the complainant or from conducting a preliminary investigation in a case
the accused, if eighteen (18) years of age or below; wherein -
c) the full names and addresses of the parents, a) he or his wife or child is interested as heir, legatee,

custodian or guardian of the minor complainant creditor or otherwise; or
or accused, as the case may be; b) he is related to either affinity or to counsel
d) the place where the accused is actually detained; c) he has been named counsel. party within the 6th
e) the full names and addresses of the complainant degree of consanguinity or within the 4th degree;
and witnesses; or executor, administrator, guardian, trustee or
f) a detailed description of the recovered items, if A motion to disqualify or inhibit the Investigating
any; Prosecutor may be filed with the City/Provincial or Chief
State Prosecutor concerned for just or valid reasons other
g) the full name and address of the evidence than those mentioned above.
custodian; and
SEC. 58. Period to resolve cases under preliminary
h) the bail recommended, if the charge is bailable. investigation. - The following periods shall be observed in
The Investigating Prosecutor shall certify under oath that the resolution of cases under preliminary investigation:
he or, as shown by the record, an authorized officer, had a) The preliminary investigation of complaints
personally examined the complainant and his witnesses; charging a capital offense shall be terminated
that there is reasonable ground to believe that a crime and resolved within ninety (90) days from the
has been committed and that the accused is probably date of assignment to the Investigating
guilty thereof; that the accused was informed of the Prosecutor.
complaint and of the evidence submitted against him
and that he was given an opportunity to submit b) The preliminary investigation of all other
controverting evidence; and that he is filing the complaints involving crimes cognizable by the
complaint or information with the prior authority and Regional Trial Courts shall be terminated and
approval of the Provincial/City Prosecutor concerned.65 resolved within sixty (60) days from the date of
assignment.
SEC. 54. Documents to be attached to
information/complaint. - An information/complaint that is c) In cases of complaints involving crimes
filed in court shall, as far as practicable, be accompanied cognizable by the Metropolitan Trial Courts,
by a copy of the resolution of the Investigating Municipal Trial Courts and Municipal Circuit Trial
Prosecutor, the complainant's affidavit, the sworn Courts, the preliminary investigation - should the
statements of the prosecution's witnesses, the same be warranted by the circumstances - shall
respondent's counter-affidavit and the sworn statements be terminated and resolved within sixty (60) days
of his witnesses and such other evidence as may have from the date of assignment to the Investigating
been taken into account in arriving at a determination of Prosecutor.
the existence of probable cause.66 In all instances, the total period (from the date of
SEC. 55. Promulgation of resolution.- The result of the assignment to the time of actual resolution) that may be
preliminary investigation shall be promulgated by consumed in the conduct of the formal preliminary
furnishing the parties or their counsel a copy of the investigation shall not exceed the periods prescribed
resolution by: herein.68
a) personal service;
PART IV PETITION FOR REVIEW69
b) registered mail with return card to the
complainant, and by ordinary mail to the SECTION 1. Subject of petition for review.- Only resolutions
respondent, if the resolution is for the dismissal of of the Chief State Prosecutor/Regional State
the complaint; or Prosecutor/Provincial or City Prosecutor dismissing a
criminal complaint may be the subject of a Petition for
c) registered mail with return card to the Review to the Secretary of Justice except as otherwise
respondent, and by ordinary mail to the provided in Section 4 hereof.
complainant, if the resolution is for the
indictment of the respondent. A petition from the resolution of a Provincial/City
Prosecutor where the penalty prescribed for the offense
SEC. 56. Motion for reconsideration. - A motion for charged does not exceed prision correccional, regardless
reconsideration may be filed within ten (10) days from of the imposable fine, shall be made to the Regional State
receipt of the resolution. The motion shall be verified, Prosecutor who shall resolve the petitions with finality.
addressed to the Provincial/City Prosecutor or the Chief
State Prosecutor, and accompanied by proof of service of
67
Torralba vs. Sandiganbayan, 230 SCRA 33 [1994].
65 68
Section 4 (2) Rule 112, supra. Department of Justice Circular No.24 dated 24 March 1995.
66 69
Lim V. Felix, G. R. No.94054-57, and Fernandez V. Felix, G.R. Department Order No.223 dated June 30,1993 as amended by DO
No.94266-57, 194 SCRA 292 [1991]; See also Allado V. Diokno, 232 No.359 dated October 17, 1995.
SCRA 192 [1994].

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Such petitions shall also be governed by these rules. withdrawn at any time before it is finally resolved, in
The provision of the preceding paragraph on the finality which case the questioned resolution shall stand.
of the resolution of the Regional State Prosecutor SEC. 7. Motion for reinvestigation.- At any time after the
notwithstanding, the Secretary of Justice may, in the filing of the petition and before its resolution, the
interest of justice and pursuant to his residual authority of petitioner may, with leave of court, file a motion for
supervision and control over the prosecutors of the reinvestigation on the ground that new and material
Department of Justice, order the automatic review by his evidence has been discovered which petitioner could not,
office of the resolution of the Regional State Prosecutors with reasonable diligence, have discovered during the
in the cases appealed to the latter. preliminary investigation and which if produced and
SEC. 2. Period to file petition.- The petition must be filed admitted would probably change the resolution. The
within a period of fifteen (15) days from receipt of the Department or the Regional State Prosecutor, as the case
questioned resolution by the party or his counsel. The may be, shall then issue a resolution directing the
period shall be interrupted only by the filing of a motion reinvestigation of the case, if still legally feasible. When
for reconsideration within ten (10) days from receipt of reinvestigation is granted, it shall take place in the Office
the resolution and shall continue to run from the time of the Prosecutor from which the petition was taken.
the resolution denying the motion shall have been SEC. 8. Disposition of petition.- The Secretary of Justice or
received by the movant or his counsel. the Regional State Prosecutor may reverse, affirm or
SEC. 3. Form and contents. - The petition shall be verified modify the questioned resolution. They may, motu
by the petitioner and shall contain the following: proprio or on motion of the petitioner, dismiss outright
the petition on any of the following grounds:
a) date of receipt of the questioned resolution; date
of filing of the motion for reconsideration; if any; a) that the offense has prescribed;
and date of receipt of the resolution on the b) that there is no showing of any reversible error;
motion for reconsideration; c) that the procedure or requirements herein
b) names and addresses of the parties; prescribed have not been complied with;
c) the Investigation Slip Number or I.S. No. and/or d) that the questioned resolution is interlocutory in
criminal case number and the title of the case; nature, except when it suspends the proceedings
d) the venue of the preliminary investigation; based on the alleged existence of a prejudicial
question; or
e) a clear and concise statement of the facts, the
assignment of errors, and the legal basis of the e) that other legal or factual grounds exist to
petition; warrant a dismissal.
f) in case of a finding of probable cause, that SEC. 9. Motion for Reconsideration.- The aggrieved party
petitioner has filed in court a motion to defer may file a motion for reconsideration within a
further proceedings; and non-extendible period of ten (10) days from receipt of the
resolution on the petition, furnishing the adverse party or
g) proof of service of a copy of the petition to the his counsel and the prosecutor with copies thereof. No
adverse party or his counsel and the prosecutor second motion for reconsideration shall be entertained.
either by personal delivery or registered mail
evidenced by the registry receipts and affidavit of SEC. 10. Effect of filing of petition. - A petition for review,
mailing. motion for reconsideration/reinvestigation from a
resolution finding probable cause shall not hold the filing
The petitioner shall append to his petition copies of the of the information in court.
material and pertinent affidavits/sworn statements
(including their translations, if any, duly certified by the Pending resolution of the Petition for review, the accused
city/provincial prosecutor) and evidence submitted in the is entitled to a suspension of the proceedings, to the
preliminary investigation by both parties and the holding in abeyance of the issuance of warrant of arrest,
questioned resolution. and deferment of the arraignment.70
The prosecutor concerned shall immediately inform the

Department or the Regional State Prosecutor of the PART V BAIL71
action of the court on the motion to defer further SECTION 1. Bail defined. - Bail is the security given for the
proceedings. If the accused is arraigned during the release of a person in custody of the law, furnished by him
pendency of the petition, the prosecutor concerned shall or a bondsman, conditioned upon his appearance before
likewise immediately inform the Department or the any court as required under the conditions hereinafter
Regional State Prosecutor of such arraignment. specified. Bail may be given in the form of corporate
SEC. 4. Cases not subject to review; exceptions.- No surety, property bond, cash deposit, or recognizance.
petition may be allowed from a resolution of the Chief SEC. 2. Nature of right to bad.- The right to bail is
State Prosecutor/Regional State Prosecutor/Provincial or guaranteed by the Constitution. It is the duty of the
City Prosecutor finding probable cause except upon prosecutor to recommend such amount of bail to the
showing of manifest error or grave abuse of discretion. courts of justice as, in his opinion, would ensure the
Either complainant/offended party or
respondent/accused may file a petition. Notwithstanding
the showing of manifest error or grave abuse of discretion 70
Like a motion for reconsideration of the resolution of the
no petition shall be entertained where the accused had City/Provincial Prosecutor, the right to a petition for review is a part of
already been arraigned. Once arraigned, the petition shall due process. Notwithstanding the ruling in Crespo vs. Mogul (151
be dismissed motu proprio by the Secretary of Justice.
SCRA 463 [1987]), the Court may not proceed with the criminal
SEC. 5. Answer.- Within a non-extendible period of fifteen proceedings until after the resolution of the Regional Prosecutor or of
(15) days from receipt of a copy of the petition, the the Secretary of Justice shall have become final, and the corresponding
respondent may file a verified answer indicating therein
motion has been filed in Court by the trial prosecutor to withdraw or
the date that the copy of the petition was received with
proof of service of the answer to the petitioner. If no dismiss the information or to proceed with the trial as the case may be,
answer is filed, the case shall be resolved on the basis of per findings in the petition for review. (See Roberts; Jr. et al. vs. C.A. et
the petition. al., 254 SCRA 307 [1996]).
71
SEC. 6. Withdrawal of petition.- The petition may be Rule 114, Rules on Criminal Procedure, as amended by Supreme
Court Administrative Circular No.12-94 dated August 16, 1994.

12 of 17
appearance of an accused person when so required by his recommendation.
the court.72 SEC. 9. Cancellation of hail bond. - Upon application filed
SEC. 3. Non-bailable offense. - No person charged with a with the court and after due notice to the prosecutor, the
capital offense, or an offense punishable by reclusion bail bond may be canceled upon surrender of the
perpetua or life imprisonment, when evidence of guilt is accused or proof of his death.
strong, shall be admitted to bail regardless of the stage of The bail bond shall be deemed automatically canceled
the criminal prosecution. upon acquittal of the accused or dismissal of the case or
SEC. 4 Criteria in recommending amount of bail. - In execution of the final judgment of conviction.
recommending the amount of bail to be granted by the In all instances, the cancellation shall be without
court, the prosecutor shall take into consideration the prejudice to any liability on the bond.
following standards and criteria:
SEC. 10. Arrest of accused out on hail. - For the purpose of
a) financial ability of the respondent/accused to surrendering the accused, the bondsmen may arrest him,
post bail; or on written authority endorsed on a certified copy of
b) nature and circumstances of the offense; the undertaking may cause him to be arrested by any
c) penalty for the offense charged; police officer or any other person of suitable age and
discretion.
d) age, state of health, character and reputation of
the respondent/accused under detention; An accused released on bail may be re-arrested without
the necessity of a warrant if he attempts to depart from
e) weight of the evidence against the the Philippines without prior permission of the court
respondent/accused under detention; where the case is pending.
f) forfeiture of other bonds and pendency of other SEC. 11. No had after final judgment, exception. - An
cases wherein the respondent/accused under accused shall not be allowed bail after the judgment has
detention is under bond; become final, unless he has applied for probation before
g) the fact that respondent/accused under commencing to serve sentence, the penalty and the
detention was a fugitive from justice when offense being within the purview of the Probation Law. In
apprehended; and case the accused has applied for probation, he may be
allowed temporary liberty under his bail bond, but if no
h) other factors affecting the probability of the bail was filed or the accused is incapable of filing one, the
accused appearing at the trial.73 court may allow his release on recognizance under the
SEC. 5. Burden of proof in bail application. - At the hearing custody of a responsible member of the community. In
of an application for admission to bail filed by any person no case shall bail be allowed after the accused has
who is in custody for the commission of an offense commenced to serve sentence.
punishable by death, reclusion perpetua or life SEC. 12. Rules in computing the bail to be recommended.
imprisonment, the prosecution has the burden of - To achieve uniformity in the amount of bail to be
showing that evidence of guilt is strong. The evidence recommended, the following rules shall be observed:
presented during the bail hearings shall be considered
automatically reproduced at the trial, but upon motion of 1) Where the penalty is reclusion perpetua, life
either party, the court may recall any witness for imprisonment, reclusion perpetua to death or death,
additional examination unless the witness is dead, bail is not a matter of right; hence, it shall not be
outside of the Philippines or otherwise unable to testify. recommended.
SEC. 6. Recognizance. - Whenever allowed pursuant to 2) Where bail is a matter of right and the imposable
law or these Rules, the court may release a person in penalty is imprisonment and/or fine, the bail shall be
custody on his own recognizance or that of a responsible computed on the basis of the penalty of
person. imprisonment applying the following rules:
SEC. 7. Bail, when not required; reduced bail or i) where the penalty is reclusion temporal
recognizance. - No bail shall be required when the law or (regardless of period) to reclusion perpetua,
the Rules issued by the Supreme Court so provide74. bail shall be computed based on the
maximum of reclusion temporal.
When a person has been in custody for a period equal to
or more than the possible maximum imprisonment of ii) where the imposable penalty is correccional
the offense charged to which he may be sentenced, he or afflictive, bait shall be based on the
shall be released immediately without prejudice to the maximum of the penalty, multiplied by
continuation of the trial thereof or the proceedings on P2,000.00. A fraction of a year shall be
appeal. In case the maximum penalty to which the rounded-off to one year.
accused may be sentenced is destierro, he shall be iii) for crimes covered by the Rules on Summary
released after thirty (30) days of preventive imprisonment. Procedure and Republic Act No. 6036, bail is
A person in custody for a period equal to or more than the not required except when
minimum of the principal penalty prescribed for the respondent/accused is under arrest, in which
offense charged without application of the Indeterminate case, bail shall be computed in accordance
Sentence Law or any modifying circumstance, shall be with this guideline.
released on a reduced bail or on his own recognizance, at iv) iv for crimes of reckless imprudence
the discretion of the court. resulting in homicide arising from violation of
SEC. 8. Notice of application for hail to prosecutor. - In an the Land Transportation and Traffic Code, bail
application for bail, the court shall give reasonable notice shall be P30,000.00 per deceased person.
of the hearing to the prosecutor or require him to submit v) for violation of Batas Pambansa Blg. 22, bail
shall be 50% of the amount of check but
should not be less than P2,000.O0nor more
73 than P30,000.00.
Sec. 6, Rule 114, supra; Department of Justice Circular No.4, series
of 1996, effective 1 February 1996. Where the imposable penalty is only a fine, bail shall be
74 computed as follows:
See RA 6036 and Rules on Summary Procedure; Art. 29, Revised
Penal Code; BP BIg 85 [1980]; Sec. 13, Rule 114, ibid. i) fine not exceeding P2,000.00,bail is not
required.

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ii) fine of more than P2,000.00,bail shall be 50% SEC. 2. Duties of trial prosecutor. -
of the fine but should not exceed P30,000.00. a) Before the arraignment of the accused, the trial
iii) in case of reckless imprudence resulting to prosecutor shall examine the information vis-a-vis
damage to property, bail shall be the resolution of the investigating prosecutor in
three-eighths (3/8) of the value of the order to make the necessary corrections or
damage but not exceeding P30,OOO.OO revisions and to ensure that the information is
except when covered by the Rules on sufficient in form and substance.
Summary Procedure. b) After arraignment, the trial prosecutor shall
1) Bail based on the maximum penalty, multiplied by prepare his witnesses for trial. Government
P1O,OOO.OO,shall be applied to the following witnesses, e.g. medico-legal officer, chemist,
offenses under the following laws: forensic experts, examiners etc. should, as much
a) Republic Act No.6425 (Dangerous Drugs Act), as as practicable, be presented in accordance with
amended by RA 7659; the logical and chronological sequence of the
technical aspects to be proved.
b) Republic Act No.6539 (Anti-Carnapping Act), as
amended by RA 7659; SEC. 3. Effect of filing a petition for review. - When an
aggrieved party manifests in court that he has a pending
c) Republic Act No.7659 (for other crimes covered by petition for review with the Department of Justice and
it); moves for a deferment of the arraignment pending
d) Presidential Decree No. 186 (Illegal Possession of resolution of his petition, the Trial Prosecutor may
Firearms, Ammunition or Explosives), as conform thereto once proof of said petition has been
amended by RA 8294; presented by the petitioner to his satisfaction.
e) Republic Act No. 1937 (Tariff and Customs Code), SEC. 4. Concept of plea. - The plea is the reply of the
as amended; or accused to the charge. It raises the issue to be tried and
on which the judgment/sentence of the court can be
f) Rebellion, insurrection or Coup d'etat as properly based.
amended by Republic Act No.6968.
SEC. 13. Petition for bail in a continuous trial. - In case a PART VIII PRE-TRIAL77
petition for bail is filed by the accused and the court
orders a continuous trial of the case, the public SECTION 1. Concept of pre-trial. - A pre-trial is a process
prosecutor shall be prepared with his principal witnesses. whereby the accused and the prosecutors in a criminal
Where there are several accused and one or two filed a case work out, usually at the arraignment stage, a
petition to bail, the trial prosecutor shall, before the naturally satisfactory disposition of a case subject to court
presentation of his first witness, manifest in open court approval in order to expedite the trial of the case. 78
that the evidence to be presented in the hearing of the The prosecutor shall enter into a pre-trial only when the
petition for bail shall be adopted as its evidence-in-chief. accused and counsel agree and upon order of the court.
SEC. 2. Duties of prosecutor before and after the pre-trial
PART VI ARREST conference. -Before the pre-trial conference, the
SECTION 1. Definition of probable cause as a ground for prosecutor should know every fact and detail of the case.
an arrest or issuance of a warrant of arrest. - Probable This can be accomplished by interviewing the
cause is such facts and circumstances which would lead a complainant and other witnesses and after a thorough
reasonably discreet and prudent man to believe that an examination of the available documentary and other
offense has been committed by the person sought to be physical evidence. The prosecutor should place
arrested.75 importance on the testimony of the expert witness. The
knowledge that the prosecutor will gain from said
SEC. 2. Remedy if no warrant of arrest is issued by the witness will help him determine the procedures
investigating judge. -If the investigating judge is satisfied undertaken in the examination of a subject or thing; the
that there is probable cause but did not issue the warrant scientific or technical terms applied, and the reason/s in
of arrest contrary to the prosecutor's belief that there is a arriving at a certain conclusion.
need to place the accused under custody, the speedy and
adequate remedy of the prosecutor is to immediately file During the pre-trial process, the prosecutor shall bear in
the information so that the Regional Trial Court judge mind that he has to prove his case beyond a reasonable
may issue the warrant for the arrest of the accused.76 doubt and that every act or incident should be proved by
the testimony of qualified and competent witnesses.
SEC. 3. Request for a copy of the return. - If a warrant of
arrest has been issued, the prosecutor may request the After the pre-trial conference, the prosecutor shall ensure
warrant officer that he be furnished with the officer's that any agreement or admission made or entered
return relative thereto. The prosecutor shall, as far as therein is in writing and signed by the accused and his
practicable, coordinate with the witnesses from time to counsel.
time to ascertain the whereabouts of the accused SEC. 3. Subject matters of pre-trial. - The pre-trial
pending the latter's arrest. conference shall consider the following:
a) Plea bargaining - This is a process where the
PART VII ARRAIGNMENT AND PLEA defendants usually plead guilty to a lesser offense
or to only one or some of the counts of a
SECTION 1. Concept of arraignment. - Arraignment is a multi-count indictment in return for a lighter
mandatory requirement that seeks to give the accused sentence than that for the graver charge79;
the opportunity, at the first instance, to know why the
prosecuting arm of government has been mobilized b) Stipulation of facts- This is the agreement of the
against him and to plead. At the arraignment, the parties on some facts admitted, some facts
accused may enter a plea of guilty or not guilty.
77
Rule 118, Rules on Criminal Procedure.
75 78
Bemas, The Constitution of the Republic of the Philippines, a Black's Law Dictionary, 5th Ed. 1979, p.1037.
79
Commentary, Vol. I, First Ed., 1987, pp.86-87 cited in Department ibid, p.1037.
Circular No.24, dated March 24 1995.
76
Samulde vs. Salvani,Jr., 165 SCRA 724 [1988].

14 of 17
covered by judicial notice (Sec. 1, Rule 129), judicial special laws.80

admissions (Sec. 2 Rule 129), or on matters not However, the plea of guilty to a lesser offense may not be
otherwise disputed by them. In cases requiring allowed where it so contravenes lo~ nd common sense
the presentation of government witnesses or as to be unconscionable, thereby resulting in us, where
evidence, the Trial Prosecutor should exert every the offense charged is homicide, a plea of guilty to a
effort to secure a waiver by the accused of lesser offense of frustrated or attempted homicide, may
objections to the admissibility of certain not be allowed, since the fact of death cannot be
documentary evidence, e.g., medical or death reconciled with the plea of guilty to frustrated or
certificate, necropsy report, forensic chemistry attempted homicide. Homicide necessarily produces
report, ballistics report, Philippine Overseas and death, while frustrated or attempted homicide does not.81
Employment Administration (POEA) Certification,
and the like, if such evidence has no relevance SEC. 5. when accused pleads guilty to a capital offense. - If
whatsoever to the theory of the defense, in order the accused pleads guilty to a capital offense, the Trial
to dispense with the presentation and testimony Prosecutor must present evidence to prove the guilt of
in court of government witnesses. Whenever the accused and the precise degree of his culpability. This
appropriate or necessary, the counter-affidavit of is mandatory.
the accused submitted luring the preliminary
investigation may be resorted to or availed of to PART IX TRIAL
denions~rate or establish the defense theory;
c) Marking of documentary evidence in advance for SECTION 1. Definition of trial. - A trial is a judicial
identification; examination of the claims at issue in a case which are
presented by the prosecution and defense to enable the
d) Waiver in advance of objections to admissibility of court to arrive at a judgment pronouncing either the guilt
evidence; or innocence of the accused.
e) List of witnesses to be presented which should be SEC. 2. Concept of trial. - The object of a trial is to mete
qualified by the following statement: "that other out justice, and to convict the guilty and protect the
witnesses may be presented in the course of the innocent. Thus, the trial should be a search for the truth
trial"; and and not a contest over technicalities and must be
f) Such other matters as will promote a fair and conducted under such rules as will protect the innocent.
expeditious trial. SEC. 3. Expeditious prosecution of criminal cases filed
SEC. 4. Plea of guilty to a lesser offense. - The following with the courts. -The Trial Prosecutor shall always be
rules shall apply to cases where the accused pleads guilty prepared to conduct the prosecution with his witnesses
to a lesser offense: who shall be subpoenaed well in advance of the
scheduled trial dates. No postponement of the trial or
a) The Trial Prosecutor shall immediately move for the other proceedings of a criminal case shall be initiated or
suspension of the proceedings whenever the accused caused by the Trial Prosecutor except in instances where
manifests his intention in court to plead guilty to a the postponement is occasioned by the absence of
lesser offense. This will enable the Trial Prosecutor to material witnesses or for other causes beyond his control
evaluate the implications of the offer. or not attributable to him.
b) If the lesser offense to which the accused will plead SEC. 4. Order of presentation of witnesses. -
guilty is not a capital offense, the Trial Prosecutor may
dispense with the presentation of evidence unless a) The order in the presentation of witnesses will be left
the court directs otherwise. to the discretion of the Trial Prosecutor. However, the
prosecutor should take into consideration the order
c) The Trial Prosecutor, with the consent of the offended of events as established by the evidence of the
party, may motu proprio agree to the offer of the prosecution.
accused to plead guilty to a lesser offense if the
penalty imposable therefor is prision correccional b) Witnesses who will testify for the first time shall be
(maximum of six [61 years) or less or a fine not afforded the opportunity to be advised to observe
exceeding P12,000.00. criminal proceedings in court to help them overcome
their anxiety, excitement and tension.
d) When the penalty imposable for the offense charged
is prision mayor (at least six [6] years and one [11 day SEC. 5. Preparation of formal offer of exhibits. - The Trial
or higher) or a fine exceeding ~12,000.00, the Trial Prosecutor shall safely keep his documentary and other
Prosecutor shall first submit his physical evidence and prepare a list thereof in the order
comment/recommendation to the City or Provincial they have been marked as exhibits, identifying each by
Prosecutor or to the Chief State Prosecutor, as the letter or number, describing it briefly, and stating its
case may be, for approval. If the recommendation is specific purpose or purposes.
approved in writing, the Trial Prosecutor, may, with SEC. 6. Defense evidence. -
the consent of the offended party, agree to a plea of
guilty to a lesser offense. For this purpose, the Chief a) Before reception of evidence for the defense starts,
State Prosecutor or the Provincial or City Prosecutor the Trial Prosecutor shall ask from the adverse
concerned shall act on the recommendation of the counsel the number of witnesses he intends to
Trial Prosecutor within forty-eight (48) hours from present.
receipt thereof. In no case shall the subject plea to a b) If the names of defense witnesses are disclosed the
lesser offense be allowed without the written Trial Prosecutor shall elicit from reliable sources the
approval of the above respective heads of office. whereabouts of these witnesses, their moral
e) In all cases, the penalty for the lesser offense to which character, background, reasons for testifying and
the accused may be allowed to plead guilty shall not relationship with the accused, among other things, to
be more than two (2) degrees lower than the enable him to have a clear view of the defense of the
imposable penalty for the crime charged, accused.
notwithstanding the presence of mitigating SEC. 7. Discharge of accused to be state witness. - When
circumstances. The lesser offense shall also be one two or more persons are jointly charged with the
that is necessarily related to the offense charged or
the offense must belong to the same classification or 80
title under the Revised Penal Code or the relevant Department of Justice Circular No.55, dated 31 July 1990.
81
Amatan vs. Aujero 248 SCRA 511(1995).

15 of 17
commission of any offense, upon motion of the iii) he or any member of his family within the
prosecution before resting its case, the court may direct second civil degree of consanguinity or
one or more of the accused to be discharged with their affinity is subjected to threats to his life or
consent so that they may be witnesses for the state bodily injury or there is a likelihood that he
provided the court, after hearing, is satisfied that: will be killed, forced, intimidated, harassed or
a) There is absolute necessity for the testimony of the corrupted to prevent him from testifying, or
accused whose discharge is requested. to testify falsely or evasively, because or on
account of his testimony; and
b) There is no other direct evidence available for the
proper prosecution of the offense committed, except iv) he is not a law enforcement officer, even if he
the testimony of said accused,6 as when he alone has would be testifying against other law
knowledge of the crime, and not when his testimony enforcement officers. In such a case, only the
would simply corroborate or otherwise strengthen immediate members of his family may avail
the evidence in the hands of the prosecution; themselves of the protection provided for
under the Act.
c) The testimony of said accused can be substantially
corroborated in its material points. This is an b) Any person who has participated in the
indispensable requirement because it is a notorious commission of a crime and desires to be a
fact in human nature that a culprit, confessing to a witness for the State, whenever the following
crime, is likely to put the blame on others rather than circumstances are present:
himself. Thus, even though a court may get the i) the offense in which testimony will be used is
statement of a discharged accused that other a grave felony as defined under the Revised
particular persons were engaged in the crime, it is Penal Code or its equivalent under special
unsafe to accept without corroborating evidence, his laws;
statements concerning the relative blame to be ii) there is absolute necessity for his testimony;
attached to different members of his gang;
iii) there is no other direct evidence available for
d) Said accused does not appear to be the most guilty.9 the proper prosecution of the offense
The mere fact that the witness sought to be committed;
discharged had pleaded guilty In the crime charged
does not violate the rule that the discharged iv) his testimony can be substantially
defendant must not "appear to be the most guilty”. corroborated on its material points;
And even if the witness should lack some of the v) he does not appear to be the most guilty; and
qualifications enumerated by Sec. 9, Rule 119, his
testimony will not, for that reason alone, be vi) he has not at any time been convicted of any
discarded or disregarded.10 The ground underlying crime involving moral turpitude.
the rule is not to let a crime that has been committed SEC. 10. Motions for postponement of accused. - Motions
go unpunished; so an accused who is not the most for postponement that are initiated by the accused
guilty is allowed to testify against the most guilty, should be vigorously opposed by the Trial Prosecutor and
in order to achieve the greater purpose of securing he should make of record his objections thereto, leaving
the conviction of the more or most guilty and the to the court's discretion the disposition of the subject
greatest number among the accused permitted to be motions.
convicted for the offense they committed.' However,
although an accused did not commit anv of the SEC. 11. Discontinuance of proceedings. - During the
stabbing, it is a mistake to discharge him as a state presentation of the prosecution's evidence, the Trial
\witness where he is bound in a conspiracy. All the Prosecutor shall not cause or allow the discontinuance of
perpetrators of the offense bound in conspiracy are the proceedings except for other similarly compelling
equally guilty. reasons not attributable to him.
Said accused has not at any time been convicted of any SEC. 12. Presentation of evidence. - Each party is bound to
offense involving moral turpitude. complete the presentation of his evidence within the trial
dates assigned to him. After the lapse of said dates, the
Evidence adduced in support of the discharge shall party is deemed to have completed his evidence
automatically form part of the trial. If the court denies the presentation. However, upon verified motion based on
motion for discharge of the accused as state witness, his serious reasons, the judge may allow the party additional
sworn statement shall be inadmissible in evidence. trial dates in the afternoon; provided that said extension
SEC. 8. Witness protection. - An accused who is will not go beyond the three-month limit computed from
discharged from an information or criminal complaint in the first trial date.
order that he may be a state witness as provided in the Where a Trial Prosecutor, without good cause, secures
preceding section may, upon his petition, be admitted to postponements of the trial over the objections of a
the Witness Protection Program under R.A. No.6981, "The defendant beyond a reasonable period of time, the
Witness Protection, Security and Benefit Act" if he accused is entitled to relief by a proceeding in
complies with the other requirements of said Act. mandamus to compel a dismissal of the information, or if
SEC. 9. Other persons who may avail of the Witness he be restrained of his liberty, by habeas corpus to obtain
Protection Program. -The following may also avail of the his freedom.
Witness Protection Program under R.A. No. 6981: SEC. 13. Order of trial.- Upon receipt of the notice of trial,
a) Any person who has witnessed or has knowledge the prosecutor shall review the record of the case for trial
of or information on the commission of a crime and complete his preparation therefore bearing in mind
and has testified or is testifying or is about to that trial, once commenced, may continue from day to
testify before any judicial or quasi-judicial body, or day until terminated, and that trial shall proceed in the
before any investigating authority, Provided, that: following order pursuant to Sec. 3, Rule 119 of the Rules of
Criminal Procedure:
i) the offense in which his testimony will be
used is a grave felony as defined under the a) The prosecution shall present evidence to prove the
Revised Penal Code or its equivalent under charge and, in the proper case, the civil liability.
special laws; b) The accused may present evidence to prove his
ii) his testimony can be substantially defense, and damages, if any, arising from the
corroborated on its material points; issuance of any provisional remedy in the case.

16 of 17
c) The parties may then respectively present rebutting

evidence only, unless the court, in furtherance of
justice, permits them to present additional evidence
bearing upon the main issue.
d) Upon admission of the evidence, the case shall be
deemed submitted for decision unless the court
directs the parties to argue orally or to submit
memoranda.
e) However, when the accused admits the act or
omission charged in the complaint or information but
interposes a lawful defense, the order of trial may be
modified accordingly.
SEC. 14. Presentation of witnesses.- The order in the
presentation of witnesses shall, as far as practicable,
conform to the logical sequence of events obtaining in
the case on trial in order to present a clear, organized and
coherent picture to the court of the prosecution's
evidence.
For example, in the case of prosecution under the
Dangerous Drugs Law, the Trial Prosecutor should
present the forensic chemist who examined the
dangerous drug ahead of the other witnesses in order
that the court may at once have a view of the real
evidence (either the prohibited or regulated drug subject
of the case) and so that such evidence may immediately
identified by the other witnesses thus avoiding the recall
of witnesses later on.
The rule of logical sequencing notwithstanding, a witness
whose testimony is vital to the case and whose life is in
danger or who may be sick/injured arid may possibly die,
should be made to testify as early as practicable.
SEC. 15. Examination of witnesses for the
prosecution.-Where it shall satisfactorily appear that the
witness for the prosecution is too sick or infirm to appear
at the trial as directed by order of the court, or has to
leave the Philippines with no definite date of returning
thereto, he may forthwith be conditionally examined
before the judge or the court where the case is pending.
Such examination in the presence of the accused, or after
reasonable notice to attend the examination has been
served on him, will be conducted in the same manner as
an examination at the trial. Failure or refusal on the part
of the accused to attend the examination after notice
herein before provided, shall be considered a waiver. The
statement thus taken may be admitted on behalf of or
against the accused.
SEC. 16. Cross-Examination of defense witnesses. The
prosecutor shall endeavor to secure well in advance all
available information about a defense witness in order to
prepare for an effective cross-examination. Where the
testimony of a defense witness bears no effect on the
evidence of the prosecution, a cross-examination need
not be conducted.
SEC. 17. Rebuttal evidence.- The presentation and nature
of rebuttal evidence will depend on the effect which the
defense evidence may have caused on the prosecution's
evidence-in-chief. The recall of a witness who already
testified during the evidence-in-chief presentation
merely to refute what a defense witness may have stated
during his defense testimony is not generally a rebuttal
evidence. \Where there is nothing to refute, rebuttal
evidence is unnecessary.

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and Trial of Criminal Cases 1

particular intention that characterizes the the caption;

c) seizure receipt. d) forward the same, together with the record of the

agency that investigated the incident, the afﬁdavits of the violation of a penal law has been committed; or

c) the full names and addresses of the parents, a) he or his wife or child is interested as heir, legatee,

The prosecutor concerned shall immediately inform the

covered by judicial notice (Sec. 1, Rule 129), judicial special laws.80

c) The parties may then respectively present rebutting

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