WAWA NOTES 1 of 24

CRIMINAL ACTIONS
- All criminal actions shall be prosecuted under the direction and control of the public prosecutor.
- In case of heavy work or unavailability of public prosecutor, a private prosecutor may be authorized in
writing by the CPO or RSP to prosecute the case subject to the approval of the court. Once authorized, he
shall continue to prosecute the case up to the end even in the absence of the public prosecutor, unless
authority is later withdrawn or revoked.

COMMISSION OF A CRIME

Requires preliminary Does not require Committed in

investigation preliminary agrante delicto
investigation

Crimes which require preliminary

investigation

Preliminary investigation is required for

o enses where the penalty prescribe
by law is imprisonment of at least 4 FILE A COMPLAINT
years, 2 months, and 1 day without With the proper o cer for purposes of
regard to the ne. conducting the preliminary investigation.

The complaint shall:

Preliminary investigation is an inquiry or • State the address of the respondent

proceeding to determine whether there is a • Accompanied by the a davits of the

sufficient ground to engender a well- complainants and his witnesses as well as
founded belief that a crime has been other supporting documents to establish
committed and the respondent is probably probable cause

guilty thereof and should be held for trial.
PI may be conducted by:
• Provincial or City Prosecutor
- A davits shall be subscribed and sworn to
before any prosecutor or government
o cial authorized to administer oath, or in
their absence or unavailability, before a
notary public.

and their assistants.

• National and Regional State • In such number of copies as there are

respondents + 2 copies for the o cial le.

Prosecutors

• Other o cers as may be

authorized by law.
Within 10 days after the ling of complaint, the
investigating o cer shall:

Dismiss Issue subpoena to the respondent

If he nds no ground to continue Attaching to it the copy of the complaint
with the investigation. and its supporting documents. The
respondent shall have the right to
examine the evidence submitted by
complainant which he may not have
been furnished and to copy them.
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 WAWA NOTES 2 of 24

SUBMIT COUNTER-AFFIDAVIT
Within 10 days from receipt of the subpoena, the
If the respondent cannot respondent shall submit his counter-a davit and that of his
be subpoenaed or he does witnesses and other supporting documents relied upon for
not submit the same within his defense. The counter-a davit shall be subscribed and
the 10-day period, the sworn to. Copies furnished by him to complainant.

investigating o cer shall

resolve the complaint Note: respondent is not allowed to le a MTD in lieu of a
based on the evidence counter-a davit.
presented by complainant.

CLARIFICATORY HEARING
Within 10 days from submission of counter-a davit, the investigating o cer may set a hearing
if there are facts and issues to be clari ed from a party or witness. The party can be presented
at the hearing but without right to examine or cross-examine. However, they may submit
questions to the investigating o cer which may be asked to the party or witness concerned.
The hearing shall be terminated within 5 days.

Note: Probable cause can be Within 10 days after the investigation, the investigating
established with hearsay o cer shall determine whether or not there is su cient
evidence because the technical ground to hold respondent for trial.
rules on evidence does not apply
in PI. PI is not a trial on the
merits.
RESOLUTION OF INVESTIGATING PROSECUTOR

Prepare a resolution and information Prepare a resolution and

After the investigating prosecutor nds recommend the dismissal of the
cause to hold the respondent for trial, he
complaint.
shall prepare a resolution and information.

He shall certify under oath the information

that:
Where the investigating prosecutor
• He has personally examined the recommended the dismissal of the
complainant and its witnesses;
complaint and his recommendation is
• There is reasonable ground to believe disapproved by the BOSS on the
that a crime has been committed and ground that probable cause exists:

the accused is probably guilty thereof; - The BOSS may le the information,
(probable cause)
by himself, against the respondent;
• Accused was informed of the complaint or

and of the evidence submitted against - Direct another assistant prosecutor

him;
or state prosecutor to do so
• Accused was given the opportunity to without conducting another PI.
submit controverting evidence.

Within 5 days from his resolution, the investigating prosecutor shall forward the record
of the case to the provincial or city prosecutor or chief state prosecutor, or to the
Ombudsman or his deputy, for o enses cognizable by SB. [the BOSS, for brevity].
They shall act on the resolution within 10 days from receipt thereof and shall
immediately inform the parties of such action.
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 WAWA NOTES 3 of 24

The aggrieved party may le an MR within 15 days from the receipt of the assailed resolution.

APPEAL TO THE SECRETARY OF JUSTICE

An appeal may be brought to the SOJ from the resolutions of the provincial or city prosecutor or
chief state prosecutor within 15 days from receipt of such resolution by means of ling a
Petition for Review. An appeal does not hold or prevent the ling of information in court unless
the SOJ direct otherwise.

A party ling the petition for review is allowed to le a motion for suspension of arraignment.

If upon the petition by a proper party or motu proprio, the SOJ reverses or modi es the
resolution of the provincial or city prosecutor or chief state prosecutor, he shall direct the
prosecutor concerned either to:

• File the corresponding information without conducting another PI; or

• Dismiss or move for the dismissal of the complaint or information with notice o the parties.

*Same rule applies to PI conducted by o cers of the O ce of Ombudsman.

Note: The court cannot interfere with the discretion of the Executive Department in the course of
the preliminary investigation EXCEPT when there is grave abuse of discretion on the part of
the SOJ in which case, a Petition for Certiorari under Rule 65 may be led with the CA.

FILING OF INFORMATION IN COURT

No complaint or information may be led or dismissed by an investigating prosecutor without
the prior written authority of the provincial or city prosecutor or chief state prosecutor or the
Ombudsman or his deputy.

Su ciency of complaint or information

It shall contain:

1. Name of the accused

- full name or nickname

- If cannot be ascertained = describe in a ctitious name with a statement that true name
is unknown

2. Designation of the o ense by statute.

- If no designation, reference shall be made to the section of the statute punishing it.

3. Acts or omissions complained of constituting the o ense

- It must include the aggravating and qualifying circumstances, if any.

- It must be stated in the ordinary and concise language to enable the person of common
understanding to know what o ense is being charged to him.

4. Name of the o ended party

5. Approximate date of the commission of the crime
- Exact date is not required unless date is a material ingredient of the o ense

6. Place where the o ense was committed

A complaint or information must charge only one o ense, except when the law prescribes a
single punishment for various o enses.

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 WAWA NOTES 4 of 24

Amendment of information Place where action is to be instituted

• Amendment may be made in form or • Court of the place where the o ense was
in substance, without leave of court, committed or where any of its essential ingredients
at any time before the accused occurred.

enters his plea.

• In case of a moving vehicle - court of the place
• If amendment downgrades the nature where such vehicle passed during its trip including
of the o ense or excludes any of the the place of departure and arrival.

accused from the complaint or • Crime was committed on board a vessel - court of
information - amendment may only the rst port of entry or place where the vessel
be made upon motion by the passed during such voyage.

prosecutor with leave of court and • Crimes committed outside PH punishable under
with notice to o ended party.
Art. 2 of RPC - court where the criminal action is
• After the accused enters his plea, rst led.

only amendment as to form may be Note: Venue is jurisdictional in criminal cases.

made provided it will not prejudice

the rights of the accused and with
leave of court.
Within 10 days from the ling of the
The judge is not required to personally examine the complaint or information, the RTC judge
complainant and its witnesses. But he must not rely shall personally evaluate the resolution of
solely on the report of the investigating officer. He the prosecutor and its supporting evidence.
must personally evaluate the report & supporting
documents.

Order prosecutor to ISSUE A WARRANT Immediately dismiss

present additional OF ARREST the case
evidence If the evidence on record
If he nds probable cause

Within 5 days from notice in clearly fails to establish

case there is doubt on the probable cause.

existence of probable cause.

Issue must be resolved by

the court within 30 days from
ling of information.
Execution of warrant of arrest
• Issue warrant - there is The head of the o ce to whom the warrant of arrest was
probable cause
delivered for execution shall cause the warrant to be
• Dismiss - no probable executed within 10 days from receipt.

cause
Within 10 days from the expiration of the period to execute
warrant, the o cer to whom it was assigned for execution
shall make a report to the judge who issued the warrant. In
case of failure to execute, he shall state the reasons therefore.

How arrest is made (with warrant)

• The o cer shall inform the person to be arrested of the cause of his arrest

- Except when he ees or forcibly resists before the o cer has the opportunity to so inform
him, or when giving such information will imperil the arrest

• The o cer need not have the warrant in his possession at the time of the arrest

- After arrest, the person arrested may ask that the warrant be shown to him.

• O cer may orally summon as many persons as he deems necessary to assist him in e ecting
arrest. They shall assist the o cer if they can do so without detriment to themselves.

• The o cer in making the arrest has the right to break into (if refused admittance after announcing
his authority and purpose) or out the building or enclosure (when necessary to liberate himself.)
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 WAWA NOTES 5 of 24

AFTER ARREST, ACCUSED MAY APPLY FOR BAIL

(Bail is discussed after Rule 111)

Note: Application for or admission to bail shall not bar the accused from challenging the validity
of his arrest or the legality of the warrant issued therefor, or from assailing the regularity or
questioning the absence of PI provided that he raises any or all of these before entering his plea.

OPTIONS OF THE ACCUSED

BEFORE ARRAIGNMENT

MOVE FOR BILL OF PARTICULARS

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

FILE A MOTION TO QUASH

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

Motion must be in writing, signed by the accused or his counsel and shall distinctly
specify its factual and legal grounds. The court shall not consider grounds which are
not stated in the motion, except lack of jurisdiction over the o ense charged.

Grounds for Motion to Quash Court’s action on the

The following grounds are exclusive:
MTQ
1. The facts charged do not constitute an o ense

2. The court has no jurisdiction over the o ense charged

3. The court has no jurisdiction over the person of the DENY

accused
In which case, the accused
4. The o cer who led the information had no authority shall have to go to trial.

to do so

- Villagomez v. People = it is sufficient for the validity A petition for certiorari is not
of the information that the resolution of the a remedy, unless the court in
investigating prosecutor recommending the filing of the denying the MTQ acted with
information in court bears the imprimatur of the BOSS GADALEJ.
whose approval is required. Further, the lack of
authority of the handling prosecutor does not divest the
court of its jurisdiction. Such is a mere formal defect SUSTAIN
that may be waived if not raised and can be cured at any
stage of the proceeding. • The court may order that
another C/I be led except
5. It does not conform substantially to the prescribed if the ground is #7 or #9.
form
The accused shall not be
6. More than one o ense is charged, except when the discharged or released
law prescribes a single punishment for various except if admitted to bail.

o enses.

7. The criminal action or liability has been extinguished

• If no order to re le is
made or such order was
8. It contains averments which, if true, would constitute unheeded, accused shall
a legal excuse or justi cation
be discharged.
9. Double jeopardy

Omnibus motion rule applies but # 1, 2, 7, and 9 are

not waivable.
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 WAWA NOTES 6 of 24

REQUISITES OF DOUBLE JEOPARDY

1. The rst jeopardy must have attached prior to the second;

• First jeopardy attaches when:

- Accused has been convicted or acquitted, or the case was dismissed or terminated
without his express consent

- Before a competent court of jurisdiction

- Upon a valid complaint or information or other formal charge su cient in form and
substance

- A valid plea entered by him.

2. The rst jeopardy must have been validly terminated; and

3. The second jeopardy must be for the same o ense or the second o ense includes or is
necessarily included in the o ense charged in the rst information, or is an attempt to
commit the same or a frustration thereof.

***Double jeopardy cannot be invoke in preliminary investigation.

Note: An acquittal rendered by a court of competent jurisdiction after trial on the merits is
immediately nal and cannot be appealed on the ground of double jeopardy.

• A judgment of acquittal may be assailed in a petition for certiorari under Rule 65 but only if
there is a clear showing that the trial court committed not merely reversible errors of
judgment but GADALEJ or denial of due process, thus rendering the judgment of acquittal
void.

Double jeopardy will not apply when:

1. The graver o ense developed due to a supervening event arising from the same act or
omission constituting the former charge.

2. Facts constituting the graver charge became known or were discovered only after a plea was
entered in the former C/I.

3. Plea of guilty to a lesser o ense was made without the consent of the prosecutor and of the
o ended party.

PROVISIONAL DISMISSAL
At any stage of the proceedings in the trial court, the case
may be provisionally dismissed when the accused expressly
consents and the o ended party is noti ed of such
dismissal.

Time-Bar Rule
The case must be revived within the following periods to
prevent the dismissal from being permanent:

• 1 year = o enses punishable by imprisonment which

does not exceed 6 years

• 2 years = o enses punishable by imprisonment which

exceeds 6 years.
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 WAWA NOTES 7 of 24

ARRAIGNMENT
• The accused must be arraigned before the court where the C/I was led or assigned for trial
within 30 days from the date the court acquires jurisdiction over the person of the
accused.

• The arraignment shall:

- Be made in open court by the judge or clerk

- By furnishing the accused with a copy of the C/I, reading the same in the language or
dialect known to him

- Asking him whether he plead guilty or not guilty.

• The accused must be present at the arraignment and most personally enter his plea.

• Private o ended party shall be required to appear at arraignment for purposes of plea
bargaining, determination of civil liability, and other matters requiring his presence. In case of
failure to appear despite due notice, the accused may be allowed to enter a plea of guilty to a
lesser o ense with the conformity of the prosecutor alone.

• Plea of guilty to the crime charged in the information - judgment shall be immediately
rendered except in those cases involving capital punishment.

• Accused does not enter a plea or makes a conditional plea - plea of not guilty shall be
entered for him

• Accused pleads guilty but presents exculpatory evidence - plea shall be withdrawn and a
plea of not guilty shall be entered for him

• Plea of guilty to a lesser o ense - plea of guilty to a lesser o ense which is necessarily
included in the o ense charged may be allowed if with consent of the o ended party and the
prosecutor.

• Plea of guilty to a capital o ense:

- The court shall (1) conduct a searching inquiry into the voluntariness and full
comprehension of the consequences of his plea; (2) shall require the prosecution to prove
his guilt and precise degree of culpability; and (3) allow the accused to present evidence in
his behalf if he so desires. (Three-fold duty of the court)

Suspension of arraignment PRE-TRIAL

Upon motion of the proper party, the In all criminal cases, pre-trial is mandatory. After
arraignment shall be suspended in the arraignment and within 30 days from the date the
following cases:
court acquires jurisdiction over the person of the
1. Accused appears to be su ering accused, the court shall order a pre-trial conference
from an unsound mental condition to consider the following:

which e ectively renders him 1. Plea bargaining

unable to fully understand the 2. Stipulation of facts

charge against him and to plead

3. Marking for identi cation of evidence of the
intelligently thereto.

parties

2. There exists prejudicial question.

4. Waiver of objections to admissibility of
3. Petition for review of the resolution evidence

of the prosecutor is pending at 5. Modi cation of the order of trial if the accused
either the DOJ or the O ce of the admits the charge but interposes a lawful
President. In this case suspension defense; and

should not exceed 60 days from 6. Such matters as will promote a fair and
ling of petition in the reviewing expeditious trial.

o ce
After pre-trial conference, the court shall issue a pre-
trial order which shall bind the parties, limit the trial
Court may impose sanctions to accused or to matters not disposed of, and control the course of
prosecutor if they did not appear at PTC. the action during trial.
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 WAWA NOTES 8 of 24

Examination of witness for accused before trial

Accused may, upon motion with notice to other party, have witnesses conditionally
examined on his behalf if (1) the witness is sick or in rm as to a ord reasonable
ground to believe that he cannot attend trial; (2) resides more than 100km from
place of trial and has no means to attend the same.

If the motion is granted, the court shall issue order directing the witness to be
examined in a speci c date, time, and place, and a copy of the order served to the
prosecutor at least 3 days before the scheduled examination. The examination
shall be taken before a judge, or, if not practicable, a member of the Bar in good
standing so designated by the judge in the order, or before an inferior court.
Examination shall proceed despite absence of the prosecutor provided he was duly
noti ed thereof.

Examination of witness for prosecution

When witness is (1) sick or in rm to appear at trial or (2) has to leave PH with no
de nite date or returning, witness may be conditionally examined before the court
where the case is pending. It shall be conducted in the same manner as above.
Accused must be noti ed of the examination and his failure to attend thereto is a
waiver.

TRIAL
After plea of not guilty is entered, the accused shall have at least 15 days to prepare fro trial. The
trial shall commence within 30 days from receipt of pre-trial order.

In no case shall the entire trial period exceed 180 days from the rst day of trial.

Note: If the accused is not brought to trial within the time limit, the information may be
dismissed on motion by the accused on the ground of denial of his right to speedy trial. The
dismissal shall be subject to the rules on double jeopardy. Failure of the accused to move for
dismissal prior to trial shall constitute a waiver of the right to dismiss.

Rights of the accused at the trial

Order of trial 1. To be  presumed innocent until the contrary
is proved beyond reasonable doubt.

1. Prosecution shall present evidence

to prove the charge and civil liability, 2. To be  informed of the nature and cause of
if any.
the accusation against him.

2. Accused may present evidence to 3. To be present and defend in person and by
prove his defense and damages, if counsel at every stage of the proceedings.

any.
4. To testify as a witness in his own behalf but
3. Prosecution and accused, in that subject to cross-examination on matters
order, present rebuttal and Sur- covered by the direct examination. His
rebuttal evidence
silence shall not in any manner prejudice
him.

4. Upon submission of the evidence of

the parties, the case shall be 5. To be exempt from being compelled to be a
deemed submitted for decision witness against himself.

unless the court directs them to 6. To confront and cross-examine the

argue orally or submit written witnesses against him at the trial. 

memoranda.
7. To  have compulsory process issued to
secure the attendance of witnesses and
***When the accused admits the act or production of other evidence in his behalf.

omission charged in the information but

interposes a lawful defense, the order of 8. To have speedy, impartial and public trial.

trial may be modi ed. 9. To  appeal in all cases allowed and in the
manner prescribed by law.

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 WAWA NOTES 9 of 24



BEFORE PROSECUTION RESTS ITS CASE

DISCHARGE OF ACCUSED TO BE STATE WITNESS

When 2 or more persons are jointly charged with the commission of an o ense, upon motion of
the prosecution before resting its case, the court may direct one or more of the accused to be
discharged with their consent so that they may be witness/es for the state.

Requisites for discharge:

1. There is absolute necessity for the testimony of the accused whose discharge is
requested

2. No other direct evidence available except the testimony of the accused

3. Testimony of the accused may be substantially corroborated in its material points

4. Said accused is not the most guilty

5. Said accused has not at any time been convicted of a crime involving moral turpitude.

If the court denies the motion for discharge of the accused as state witness, his sworn statement
shall be inadmissible in evidence.

Note: Discharge of the accused shall amount to an acquittal and shall be a bar to future
prosecution for the same o ense, unless the accused fails or refuses to testify against his co-
accused in accordance with his sworn statement constituting the basis of his discharge.

AFTER THE PROSECUTION RESTS ITS CASE

The court may dismiss the action on the ground of insu ciency of evidence on its
own initiative after giving the prosecution the opportunity to be heard.

DEMURRER TO EVIDENCE
The court may dismiss the action on the ground of insu ciency of evidence upon
demurrer to evidence led by the accused, with or without leave of court.

Motion for leave of court to le DTE shall speci cally state its grounds and shall be
led within a non-extendible period of 5 days after prosecution rests its case.
Prosecution may le opposition within a non-extendible period of 5 days from receipt.
If leave of court is granted, accused shall le DTE within a non-extendible period of
10 days from notice. Prosecution may oppose the same within 10 days from receipt.

An order denying motion for leave of court to le demurrer or demurrer itself shall not
be reviewable by appeal or certiorari before judgment.

If the accused les demurrer to evidence If the accused les demurrer to

without leave of court, the accused evidence with leave of court, and
waives the right to present evidence and the court denies it:
submits the case for judgment on the
basis of the evidence for the prosecution.

The accused may proceed to presentation of his evidence to prove his

defense and damages, if any.
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 WAWA NOTES 10 of 24

Upon submission of the evidence of the parties, the case shall be deemed submitted for
decision unless the court directs them to argue orally or submit written memoranda.

JUDGMENT
• Written in the o cial language

• Personally and directly prepared by the judge and signed by him

• Contain clearly and distinctly a statement of the facts and the law upon which it is based.

Judgment of conviction
It shall state:

- the legal quali cations of the o ense constituted by the acts committed by the accused
and the aggravating and mitigating circumstances which attended its commission

- Participation of the accused (principal, accomplice, or accessory)

- Penalty imposed

- Civil liability or damages to be recovered from the accused by the o ended party, if there is
any, unless a separate civil action has been reserved or waived.

Judgment of acquittal
It shall state:

- Whether the evidence of the prosecution absolutely failed to prove guilt of the accused or
merely failed to prove his guilt beyond reasonable doubt.

- In either case, judgment shall determine if the act or omission from which the civil liability
might arise did not exist.

In case of a duplicitous information and

the accused failed to object to it before Promulgation of judgment
trial, the court may convict him of as • Judgment shall be promulgated by reading it in
many o enses as are charged and the presence of the accused and any judge of
proved.
the court in which it was rendered.

• If the conviction is for light o ense, it may be

pronounced in the presence of his counsel.

Variance doctrine
When there is variance between the offense • If judge is absent or outside the province or
charged and the offense proved, and the city, promulgation may be made by the clerk of
offense charged is included in or necessarily court.

includes the offense proved, accused may • If accused is con ned in another P/C,
be convicted of the offense proved or the promulgation may be made by the EJ of the
offense charged. RTC having jurisdiction over the place of
con nement.

• The court promulgating the judgment shall

In case accused fails to appear during the
promulgation despite notice, promulgation
shall be made by recording the judgment
in the criminal docket and serving him a
copy at his last known address or thru his
counsel.
have the authority to accept the notice of
appeal and to approve the bail bond pending
appeal, provided that if the decision of the trial
court convicting the accused changed the
nature of the o ense from non-bailable to
bailable, application for bail should be only be

If judgment is for conviction and accused failed to appear without justi able cause,
he shall lose the remedies available in these rules against the judgment and court
shall order his arrest. Within 15 days from promulgation, accused may surrender and
le a motion for leave of court to avail remedies by stating the reasons of his
absence. If he was able to prove that his absence is for justi able cause, he shall be
allowed to avail of said remedies within 15 days from notice.

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 WAWA NOTES 11 of 24

Judgment becomes nal: Modi cation of judgment

POST JUDGMENT
• After the lapse of the period for A judgment of conviction
perfecting an appeal
may, upon motion of the REMEDIES
• Sentence has been partially or accused, be modi ed or set
totally satis ed or served
aside before it becomes nal (Discussed after Rule
• When the accused has waived in or before appeal is perfected. 114)
writing the right to appeal

• Has applied for probation

If no appeal or motion for new trial

or reconsideration is led within the
time provided in these rules, the
judgment shall become nal and
executory. The date of the nality
shall be deemed the date of its
entry in the book of entries of
judgments. The record shall contain
the dispositive part of the judgment
or nal order. (Rule 36)
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 WAWA NOTES 12 of 24

PROSECUTION OF CIVIL ACTION (RULE 111)

General rule: when a criminal action is instituted, the civil action for the recovery of the civil
liability arising from the o ense charged shall be deemed instituted with the criminal action.

- What is deemed instituted with the criminal action is only the action to recover civil liability
arising from the crime. It cannot proceed independently but may be reserved for separate
prosecution.

Exceptions:
1. O ended party waives the civil action

2. He reserves the right to institute it separately

- Shall be made before the prosecution starts presenting its evidence

- No reservation is allowed in BP 22

3. Instituted the civil action prior to criminal action

- In such case, the civil action shall be suspended in whatever stage it may be found
before judgment on the merits. Suspension shall last until nal judgment in criminal
action is rendered.

No ling fees shall be required for actual damages, except in an action for violation of BP 22.

INDEPENDENT CIVIL ACTIONS

In cases provided in Articles 32, 33, 34 and 2176 of the Civil Code, an independent civil action
may be brought by the o ended party. It shall proceed independently of the criminal action.
However, in no case may the o ended party recover damages twice for the same act or
omission.

EFFECT OF DEATH OF ACCUSED

• Accused dies after arraignment and during pendency of criminal action - civil liability ex
delicto is extinguished. Independent civil actions and civil liabilities arising from other sources
of obligation may be continued against the estate or legal representative of the accused.

• Accused dies before arraignment - case shall be dismissed but o ended party may le a
proper civil action against estate of accused.

• Accused dies during pendency of his appeal - criminal liability and civil liability ex delicto are
extinguished. However, civil liabilities arising from other sources of obligation survives and
may be pursued by ling a separate civil action against the estate or executor/administrator.

Note: a nal judgment in a civil action absolving defendant from civil liability is not a bar to
a criminal action against the defendant fro the same act or omission subject of the civil
action.

PREJUDICIAL QUESTION
A petition for suspension of the criminal action based on the pendency of a prejudicial question
may be led in the o ce of the prosecutor. If the criminal action has already been led, the
petition to suspend may be led in the same criminal action at any time before prosecution
rests.
Elements of PJQ:
1. The civil action must be instituted prior to the criminal action;

2. Civil action involves an issue similar or intimately related to the issue raised in the
subsequent criminal action; and

3. The resolution of such issue determines whether or not the criminal action may proceed.

Provisional remedies in civil actions may be availed of in connection with the civil action deemed
instituted with the criminal action. If the civil action has been waived, reserved, or instituted
separately, the provisional remedy applicable may not be availed of in the criminal action.
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 WAWA NOTES 13 of 24

BAIL (RULE 114)

Bail is the security given for the release of a person in custody of the law, furnished by him or his
bondsman, to guarantee his appearance before any court as may be required.

The applicant for bail must be in custody of law.

Conditions of bail:
• Undertaking shall be e ective upon approval, and unless cancelled, shall remain in force at all
stages of the case until promulgation of the judgment of the RTC.

• Accused shall appear before the proper court whenever required by the court or the Rules.

• Failure of the accused to appear at the trial without justi cation and despite due notice shall
be deemed a waiver of his right to be present thereat. In such case, the trial may proceed in
absentia.

• Bondsman shall surrender the accused to court for execution of the judgment.

BAIL AS A MATTER OF RIGHT

1. Before and after conviction of the RTC

2. Before conviction in the RTC of a crime not punishable by reclusion perpetua, life
imprisonment, or death. (D, RP, LI)

BAIL AS A MATTER OF DISCRETION

After conviction in the RTC of a crime not punishable by reclusion perpetua, life imprisonment,
or death.

- The application for bail may be led and acted upon by the trial court despite the ling of a
notice of appeal, provided, it has not transmitted yet the original record to the appellate
court.

- If the decision of the trial court convicting the accused changed the nature of the o ense
from non-bailable to bailable, application for bail should be only be led with and resolved
by the appellate court.

- If the penalty imposed by RTC is imprisonment exceeding 6 years, accused shall be

denied bail if any of the following bail negating circumstances is present:

a. Recidivist/quasi-recidivist/habitual delinquent/crime is aggravated by reiteration

b. Previously escaped, evaded sentence, or violated conditions of bail without valid

justi cation

c. Committed the o ense while under probation, parole, or conditional pardon

d. Probability of ight if released

e. There is undue risk that he may commit another crime

No person charged with capital o ense or an o ense punishable by D, RP, LI, shall be admitted
to bail when evidence of guilt is strong, regardless of the stage of prosecution.

- Whether the evidence of guilt is strong is a matter to be determined after a hearing.

Prosecution has the burden of showing that evidence of guilt is strong. The hearing must
be conducted (mandatory) even if the prosecution, after being noti ed to submit his
recommendation, refuses to present evidence.

- It is a misconception that a person charged with a crime punishable by D, RP, LI is not

entitled to bail at all or such crime is non-bailable. The grant of bail is just discretionary on
the part of the court and calls for a judicial determination that the evidence of guilt is strong.

FORFEITURE OF BAIL
• When the presence of the accused is required by the Rules or the court, his bondsmen shall
be noti ed to produce him before the court on a given date and time.

• If the accused fails to appear in person as required, his bail shall be declared forfeited and the
bondsmen given 30 days to produce their principal and to show cause why no judgment
should be rendered against them for the amount of the bail. Within that 30 days, the
bondsmen must (a) produce the body of the principal or give reason for non-production; and
(b) explain why the accused did not appear before the court when rst required to do so.
Failure to comply with this 2 requisites shall result to forfeiture of bail.
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WAWA NOTES 14 of 24

Where bail led

• Court where the case is pending

- In the absence or unavailability of the judge - any RTC/MTC in the province, city or
municipality where the case is pending.

• If arrested in P/C/M other than where the case is pending:

- Court where the case is pending

- Any RTC of P/C/M where he was arrested. If no judge thereof, any MTC of the P/C/M where
he was arrested.

• Grant of bail is a matter of discretion or he seeks to be release on recognizance - only with the
court where the case is pending

• Person who is in custody but not yet charged - any court in the P/C/M where he is held.
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WAWA NOTES 15 of 24

NEW TRIAL OR
RECONSIDERATION (RULE 121)

GROUNDS FOR NEW TRIAL GROUNDS FOR

1. Errors of law or irregularities RECONSIDERATION
prejudicial to the substantial
rights of the accused have been Errors of law or fact in the
committed during the trial;
judgment which requires no
2. New and material evidence has further proceedings.
been discovered which the
accused cannot with reasonable
diligence have discovered and
produced at trial and which if
introduced and admitted would
probably change the judgment.

At any time before the judgment of conviction becomes nal, the court may, on motion of the
accused or at its own instance but with consent of the accused, grant a new trial or
reconsideration.

MNT/MR shall be in writing and shall state the grounds on which it is based. MNT on the ground
of newly discovered evidence shall be supported by a davits of witnesses why whom such
evidence is expected to be given, or by duly authenticated documents which are proposed to be
introduced in evidence.

Notice of motion shall be given to the prosecutor.

IF NEW TRIAL OR RECONSIDERATION IS GRANTED

• When new trial is granted on the ground of errors of law or irregularities committed during trial
- all the proceedings and evidence a ected thereby shall be set aside and taken anew. The
court may allow the introduction of additional evidence.

• When new trial is granted on the ground of newly discovered evidence - evidence already
adduced shall stand and the newly-discovered and such other evidence as the court may
allow to be introduced shall be taken and considered together with the evidence already in the
record.

In all cases, the original judgment shall be set aside or vacated and a new judgment shall be
rendered accordingly.
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 WAWA NOTES 16 of 24

APPEAL (RULE 122)

Any party may appeal from a judgment or nal order, unless the accused will be placed in
double jeopardy.

Appeal shall be taken within 15 days from the promulgation of the judgment or from notice of
the nal order appealed from. This period shall be suspended from the time a MNT/MR is led
until notice of the order overruling the motion has been served upon the accused or counsel.

Appeal of decisions of the MTC/METC/MCTC/MTCC

- Appeal to the RTC by ling a notice of appeal with the court which renders the judgment or
nal order appealed from and by serving a copy thereof upon the adverse party.

• Within 5 days from perfection of appeal, the COC shall transmit the original record to
the RTC.

• Upon receipt of the complete record, the COC of the RTC shall notify the parties of
such fact.

• Within 15 days from receipt of such notice, the parties may submit memoranda or
briefs as may be required by the RTC.

• After the submission of such memoranda or briefs, or the expiration of the period to
le the same, the RTC shall decide the case on the basis of the entire record of the
case and such memoranda or briefs as are led.

Appeal of decisions of the RTC (OJ)

- Appeal to the CA by ling a notice of appeal with the court which renders the judgment or
nal order appealed from and by serving a copy thereof upon the adverse party.

- Appeal to the SC when the penalty imposed by RTC is RP or LI, or where a lesser penalty is
imposed but for o enses committed on the same occasion or which arose out of the same
occurrence that gave rise to the more serious o ense for which the penalty of D, RP, or LI is
imposed, by ling a notice of appeal with the court which renders the judgment or nal
order appealed from and by serving a copy thereof upon the adverse party.

Appeal of decisions of the RTC (AJ)

- Appeal to CA in cases decided by RTC in the exercise of its AJ shall be by petition for
review under Rule 42.

Appeal of decisions of the CA

- Appeal to SC in cases decided by CA shall be by petition for review on certiorari under Rule
45.

- Sec. 13, Rule 124:

• Where CA nds that death shall be imposed, the court shall render judgment but refrain
from making an entry of judgment and forthwith certify the case and elevate its entire
record to the SC for review.

• Where judgment also imposes a lesser penalty for o enses committed on the same
occasion or which arose out of the same occurrence that gave rise to the more serious
o ense for which the penalty of death is imposed, and the accused appeals, the appeal
shall be included in the case certi ed for review to the SC.

• In cases where the CA imposes RP, LI or a lesser penalty, it shall render and enter the
judgment imposing such penalty. The judgment may be appealed to the SC by notice of
appealed led with the CA.

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 WAWA NOTES 17 of 24

Crimes which does NOT require preliminary

investigation

FILE A COMPLAINT
Directly with the MTC and MCTC (Province), or with the Prosecutor’s o ce (Manila and other
chartered cities)

The complaint shall:

• State the address of the respondent

• Accompanied by the a davits of the complainants and his witnesses as well as other
supporting documents to establish probable cause

- A davits shall be subscribed and sworn to before any prosecutor or government o cial
authorized to administer oath, or in their absence or unavailability, before a notary
public.

• In such number of copies as there are respondents + 2 copies for the o cial le.

Su ciency of complaint or information

It shall contain:

1. Name of the accused

2. Designation of the o ense by statute.

3. Acts or omissions complained of constituting the o ense

4. Name of the o ended party

5. Approximate date of the commission of the crime

6. Place where the o ense was committed

A complaint or information must charge only one o ense, except when the law prescribes a single
punishment for various o enses.

If led with the prosecutor’s o ce If led with the MTC

Prosecutor shall act on the complaint
based on the a davits and other
supporting documents submitted by the
complainant within 10 days from its
ling.
If within 10 days after the ling of the
complaint, the judge nds no probable cause
after personally evaluating the evidence, or
after examining in writing and under oath the
complainant and his witnesses, in the form of
searching questions and answers, he shall
dismiss the case.

He may require the submission of additional

FILE INFORMATION IN COURT evidence within 10 days from notice to
determine further the existence of probable
cause.

Issuance of warrant of arrest if not If judge still nds no probable cause, he shall
covered by Rules on Summary dismiss the case within 10 days from
Procedure
submission of said period.

When he nds probable cause, he shall issue

warrant of arrest, or commitment order, and
hold him for trial.

If he nds no necessity for placing accused

under custody, he may issue summons
instead of warrant of arrest.
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WAWA NOTES 18 of 24

Arrest of the accused

After arrest, may apply for bail as a matter of right

Move for Bill of Particulars

File motion to quash

Arraignment

Suspension of arraignment

Pre-trial

Trial

Demurrer to evidence

Judgment

Appeal
 WAWA NOTES 19 of 24

Crimes committed in agrante delicto or hot

pursuit

WARRANTLESS ARREST
A peace o cer or a private person may, without a warrant, arrest a person:

1. When, in his presence, the person to be arrested has committed, is actually

committing, or is attempting to commit an o ense (in agrant delicto)

2. When an o ense has just been committed and he has probable cause to believe
based on personal knowledge of facts and circumstances that the person to has
committed it (hot pursuit)

3. Escapee

The person arrested without a warrant shall be forthwith delivered to the nearest police
station or jail and shall be subjected to inquest proceeding.

How arrest is made

• The o cer shall inform the person to be arrested of his authority and the cause of his
arrest

- Except the person is engaged in the commission of the crime, is pursued immediately
after its commission, has escaped, ees or forcibly resists before the o cer has the
opportunity to so inform him, or when giving such information will imperil the arrest

• The o cer in making the arrest has the right to break into (if refused admittance after
announcing his authority and purpose) or out the building or enclosure (when necessary to
liberate himself.)

INQUEST PROCEEDING
When a person is lawfully arrested without a warrant involving an o ense which requires a
preliminary investigation, the complaint or information may be led by a prosecutor without
need of such investigation provided an inquest has been conducted.

Duty of inquest prosecutor

• The inquest prosecutor will determine the validity of the arrest and whether there is probable
case that a crime has been committed and the person arrested should be held for trial.

• Should it be found that arrest was not made in accordance with the Rules, the IP shall not
proceed with the inquest proceedings and, instead, shall recommend the release of the
detainee.

• Should it found that arrest was properly made, inquest shall proceed.

- If the IP nds that probable cause exists, he shall prepare the corresponding information
with the recommendation that the same be led in the court.

- If no probable cause is found, he shall recommend the release of the detainee.

Before the C/I is led, the person arrested may ask for preliminary investigation but he must
sign a waiver of the provisions of Art. 125 of RPC in the presence of his counsel.

- The preliminary investigation may be conducted by the IP himself or by any other assistant
prosecutor to whom the case may be assigned.

Notwithstanding the waiver, he may apply for bail and the investigation must be terminated
within 15 days from its inception.

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 WAWA NOTES 20 of 24

In the absence of an inquest prosecutor, the

complaint may be led by the o ended party or Bail may be applied as soon as the
by the peace o cer directly with the proper accused has been held in custody of
court on the basis of the a davit of the o ended law
party or the arresting o cer or person.

FILING OF INFORMATION
If the Inquest Prosecutor nds that probable cause exists, he shall prepare the corresponding
information with the recommendation that the same be led in the court. Upon the approval of
the BOSS, the information shall be led in court.

In the absence of an inquest prosecutor, the complaint may be led by the o ended party or by
the peace o cer directly with the proper court on the basis of the a davit of the o ended party
or the arresting o cer or person.

After the ling of C/I in court without preliminary investigation, the accused may within 5 days
from the time he learns of the ling, ask for preliminary investigation with the same right to
adduce evidence in his defense as provided in the Rules.

The judge is not required to personally examine

the complainant and its witnesses. But he must Within 10 days from the ling of the complaint
not rely solely on the report of the investigating or information, the judge shall personally
officer. He must personally evaluate the report evaluate the resolution of the prosecutor and its
& supporting documents. supporting evidence.

Order prosecutor to ISSUE A Immediately dismiss the

present additional case
evidence COMMITMENT ORDER
If the evidence on record
Within 5 days from notice in If he nds probable cause

clearly fails to establish

case there is doubt on the probable cause.

existence of probable cause.

Issue must be resolved by

the court within 30 days from
ling of information.

• Issue Commitment order

- if there is probable cause

• Dismiss - no probable
cause

Move for Bill of Particulars

File motion to quash

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WAWA NOTES 21 of 24

Arraignment

Suspension of arraignment

Pre-trial

Trial

Demurrer to evidence

Judgment

Appeal
 WAWA NOTES 22 of 24

RULE 126 - SEARCH AND SEIZURE


 Personal property that may be
seized:
1. Subject of the offense
2. Stolen or embezzled and other
proceeds, or fruits of the offense
3. Used or intended to be used as
means of committing an offense.
Search warrant is an order in writing issued issued in
the name of the People of the PH, signed by a judge
and directed to a peace o cer, commanding him to
search for personal property described therein and
bring it before the court.

Where to le the application

• Any court within whose territorial jurisdiction a crime was committed.

• For compelling reasons stated in the application:

- Any court within the judicial region where the crime was committed if the place of the
commission is known; or

- Any court within the judicial region where the warrant shall be enforced.

• Court where the criminal action is pending if the criminal action has already been led.

Examination must be probing and exhaustive,

not merely routinely, general, or pro forma.

EXAMINATION OF THE COMPLAINANT

Before issuing the warrant, the judge must personally examine in the form of
searching questions and answers, in writing and under oath, the complainants and
the witnesses he may produce on facts personally known to them and attach to the
record their sworn statements, together with the a davits submitted.

Must not be based on mere hearsay

To prevent a scattershot warrant

ISSUANCE OF THE SEARCH WARRANT

If the judge is satis ed of the existence of the facts upon which the application is
based or that there is probable cause to believe that they exist, he shall issue the
warrant in connection with one speci c o ense and which must particularly
describe the place to be searched and the things to be seized.

The warrant must direct that it be served in day time, unless the a davit asserts that
the property is on the person or in the place ordered to be searched, in which case a
direction may be inserted that it be served at any time of the day or night.

Search warrant shall be valid for 10 days from its date. Thereafter, it shall be void.

If the judge is satis ed of the existence of the facts upon which the application is
based or that there is probable cause to believe that they exist, he shall issue the
warrant in connection with one speci c o ense and which must particularly
describe the place to be searched and the things to be seized.

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 WAWA NOTES 23 of 24

EFFECTING THE SEARCH WARRANT

In e ecting the search warrant, the o cer may break door or windows if he was
refused admittance to the place of directed search after giving notice of his purpose
and authority.

The search of a house, room, or any other premises shall be made in the presence of
the:
1. Lawful occupant thereof or any member of his family, or

2. In the absence of the latter, two witnesses of su cient age or discretion

residing in the same locality.

The o cer seizing the property under the warrant must give a detailed receipt for the
proper seized to the lawful occupant of the premises in whose presence the search
and seizure were made. In the absence of such occupant, the o cer shall leave the
receipt in the place in which he found the seized property in the presence of two
witnesses of su cient age or discretion residing in the same locality. (Section 11)

The o cer must forthwith deliver the property seized to the judge who issued the
warrant, together with a true inventory thereof duly veri ed under oath. [Section 12
(a)]

10 days after the issuance of the search warrant, the issuing judge shall ascertain if the
return has been made, and if none, he shall summon the person to whom the warrant
was issued and require him to explain why no return was made.

If the return has been made, the judge shall ascertain whether Section 11 has been
complied with and shall require that the property seized be delivered to him. The judge
shall see to it that Section 12 (a) has been complied with.

Legality of the seizure may be contested only by the party

whose rights have been impaired thereby, and the objection
to an unlawful search and seizure is purely personal and
cannot be availed by third parties.

MOTION TO QUASH SEARCH WARRANT OR TO SUPPRESS EVIDENCE

A motion to quash search warrant and/or suppress evidence obtained thereby may be
led in and acted upon only by the court where the action has been instituted.

If no criminal action has been instituted, the motion may be led and resolved by the
court that issued the search warrant. If such court fails door resolve the motion and a
criminal action is subsequently led in another court, the motion shall be resolved by
the latter court.

The most important effect of an illegal search and seizure

is the exclusion of the evidence from being used against
the person whose rights were violated by the search.
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 WAWA NOTES 24 of 24

EXCEPTIONS TO SEARCH WARRANT REQUIREMENT

1. Search incidental to a lawful arrest
- A person lawfully arrested may be searched for dangerous weapons or anything which
may have been used or constitute proof in the commission of the crime. (Rule 126)

• Either on the person arrested or within the area of his immediate control.

- Remember that the arrest must precede the search and the process cannot be
reversed, unless the police o cers have probable cause to make the arrest at the outset
of the search.

- A waiver of an illegal, warrantless arrest does not carry with it a waiver of the
inadmissibility of evidence seized during an illegal warrantless arrest.

2. Seizure of evidence in plain view

- Objects falling in the Palin view of an o cer who has the right to be in the position to
have that view are subject to seizure and may be presented as evidence.

- Requisites:

• The o cer has a prior justi cation for an intrusion

• The discovery of the evidence in plain view is inadvertent or unintentional; and

• It is immediately apparent to the o cer that the item he observes may be evidence
of a crime, contraband, or subject to seizure.

3. Search of a moving vehicle

- Peace o cers are limited to routine checks where the examination of the vehicle is
limited to visual inspection. On the other hand, an extensive search of a vehicle is
permissible, but only when the o cers made it upon probable cause. Enforcers cannot
act solely on the basis of con dential or tipped information. A tip is still hearsay no matter
how reliable it may be. It is not su cient to constitute probable cause in the absence of
any other circumstance that will arouse suspicion. Exclusive reliance on an unveri ed,
anonymous tip cannot engender probable cause that permits a warrantless search
of a moving vehicle that goes beyond a visual search. (People v. Sapla)

4. Consented warrantless search

- Consent to a warrantless search must be unequivocal, speci c, intelligently given, and
unattended by duress or coercion. Consent cannot be inferred by silence.

5. Stop and frisk

- Stop and frisk searches refer to the act of a police o cer to stop a citizen on the street,
interrogate him, and pat him for weapon(s) or contraband. Thus, the allowable scope of a
"stop and frisk” search is limited to a protective search of outer clothing for weapons.

- Probable cause is not required in stop and frisk but a valid “stop” by an o cer requires
that he has reasonable and articulate belief that a criminal activity has happened or is
about to happen.

6. Customs search
7. Exigent or emergency circumstances
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