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I Writ of Continuing Mandamus I Writ of Kalikasan

-----
inspection order and production
order (A.M. No. 09-6-8-SC, Rule 7,
Sec. 12).

Damages for Allows damages for the malicious
personal neglect of the performance of the
injury legal duty of the respondent,
identical to Rule 65, Rules of
Court (A.M. No. 09-6-8-SC, Rule
8, Sec. 7).
No damages may be awarded in a
petition for the issuance of a Writ of
Kalikasan consistent with the
public-interest character of the
petition (A.M. No. 09-6-8-SC, Rule
7, Sec. 15(e)).

(SC Annotations, supra at 142- 144)

VI. Criminal Procedure

A. GENERALMATTERS

Q: What is criminal prqcedure? ..

ANS: Criminal procedure p1pvldes• or· regulates. the steps• by which one who has
committed a crime is to pepunisfled (People v. Lacson, G.RNo. 149453, April 1, 2003).

Q: What is criminal jurjsdictio!n?

ANS: Criminal jurisdiclion is the authority to hear and try a parttcular offense and impose
the punishment for it (Antipord~, Jr. v. Garchitorena, G.R. 'No. 133289 December 23,
1999). '

Q: What are the requi~ites for the valid exercise of crilJlinal jl,lrisdiction? (STP)
ANS: To acquire jurisdiction over criminal cases, the court must have:
1. Jurisdiction over the S1,1bjectmatter; ,
2. Jurisdiction over the "Territoriwhere the trime was committed; and
3. Jurisdiction over the :eerson ofthe accused (Gruz v. CA, G. R. No. 123340,
August 29, 2002}: · ·

Q: How is jurisdiction over the subject matter conferred?

ANS: Jurisdiction is conferred only by the Constitution or by law. It cannot be conferred
upon the court by the accused, by express waiver or otherwise, since jurisdiction is
conferred by the sovereign authority which organized the court, and is given only by law
in the manner and form prescribed by law (Fox, Jr. v. People, G.R. No. 167764, October
9, 2009).

Q: How is jurisdiction over the subject matter determined?

ANS: Jurisdiction of a court over the criminal case is determined by the allegations in
the complaint or information. Once it is so shown, the court may validly take cognizance
of the case. However, if the evidence adduced during the trial show that the offense was
committed somewhere else, the court should dismiss the action for want of jurisdiction
(Navaja v. De Castro, G.R. No. 182926, June 22, 2015).

Q: How is jurisdiction over territory acquired by the courts in criminal cases?

ANS: For jurisdiction to be acquired by courts in criminal cases, the offense should have
been committed or any one of its essential ingredients should have taken place within the
territorial jurisdiction of the court. A court cannot take jurisdiction over a person charged
with an offense allegedly committed outside of its limited territory (Cabral v. Bracamonte,
G.R. No. 233174, January 23, 2019).

Q: Why is venue an essential element of criminal jurisdiction?

ANS: Venue determines the place where the criminal action is to be instituted and the
court that has the jurisdiction to try and hear the case (Union Bank of the PHL v. People,
G.R. No. 192565, February 28, 2012).

Q: Where shall criminal actions be instituted?

ANS: Subject to existing laws, the criminal action shall be instituted and tried in the court
of the municipality or territory where the offense was committed or where any of its
essential ingredients occurred (ROG, Rule 110, Sec. 15).

This rule is subject to the following exceptions:

1. Crimes committed outside the Philippines but punishable under Article 2,
RPC, shall be cognizable by the court where the criminal action is first filed
(ROG, Rule 110, Sec. 15(d));
Note: Article 2 of the Revised P~nal Code provided that except as provided
in the treaties and laws of prefe ·ntial application, the provisions of this Code
shall be enforced not only ......
_ the Philippine Archipelago, including its
atmosphere, its interior waters:@pd maritime zone, but also outside of its
jurisdiction, against those who;_ ;:'1
a. Should commit an offense\ivbtl,!6",<il,$,~ip or;.airship;
b. Should forge or counterfei\any coin'~'ourrency note of the Philippine
Islands or obligations and ;,~ecurities issued by the Government of the
Philippine Islands; · '
c. Should be liable for acts 90nnected wiVi thejntroduction into these
islands of the obligations:~nd securiti~s mentioned in the presiding
number; ::~ .
d. While being public officers\qr employee~,;1;1t)PJ,li~,qqmmian t offense in
the exercise of their functiq)l$; or '' ·.15%'
0
.'.:<;,
:.·
e. ShoLlld commit any of the ciirhes against national security and the law of
nations (REVISED PENAL ••ODE, Art. 2).
2. Section 9 of RA No. 8042 ( ...·.·_ ,o~r,S,..Act of 1995) provides that a
criminal action arising from illegal recruftm&fir shall be filed with the RTC of
the province or city where the offense was committed or where the offended
party actually resides at the time of the commission of the offense;
Note: The court where the criminal action is first filed shall acquire jurisdiction
to the exclusion of other courts. (R.A. No. 8042, Sec. 9)
3. R.A. No. 9262 (Anti-Violence Against Women and Their Children Act of 2004)
provides that acts of violence against women and their children may manifest
as transitory or continuing crimes. It means that some acts material and
essential thereto and requisite in their consummation occur in one
municipality or territory, while some occur in another. In such cases, the court
wherein any of the crime's essential and material acts have been committed
maintains jurisdiction to try the case; it being understood that the first court
taking cognizance of the same excludes the other.
Thus, a person charged with a continuing or transitory crime may be validly
tried in any municipality or territory where the offense was in part committed.
It is necessary, for Philippine courts to have jurisdiction when the abusive
conduct or act of violence under Section 5 (i) of R.A. No. 9262 in relation to
Section 3 (a), Paragraph (C) was committed outside Philippine territory, that
the victim be a resident of the place where the complaint is filed in view of the
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anguish suffered being a material element of the offense, such as when the
husband had an illicit affair abroad, the court that has jurisdiction is the place
where the offended party resides. (AAA v. BBB, G.R. No. 212448, January
11, 2018);
4. For Libel cases under Article 360 of the Revised Penal Code, the following
rules shall apply:
a. The action shall be filed with the RTC of the province or city where the
libelous article is printed and first published or where any of the offended
parties actually resides at the time of the commission of the offense;
b. Where one of the offended parties is a public officer whose office is in
the City of Manila at the time of the commission of the offense, the action
shall be filed in the RTC of Manila, or of the province or city where the
libelous article is printed and first published;
c. Where one of the offended parties is a public officer who does not hold
office in the City of Manila, the action shall be filed in the RTC of the
province or city where he held office at the time of the commission of the
offense or where the libelous article is printed and first published; and
d. Where one of the offended parties is a private individual, the action shall
be filed in the RTC of t~i? province or city where he actually resides at
the time of the <,.Oll1niissionofthe'offense or where the libelous matter is
printed andjir:;jt published (REVISEiD.F'iiNAL CODE, Art. 360);
5. Transfer or chan~e 'oFyenue·by the '$tipr#lrrie 4 ourt to avoid miscarriage of
justice (COfll'ST, Art, 11111, Sec. 5, par. 4); ". ••·. ·
6. Where arvoffenS!J is1c6rnrnitted in g Train>iJl qrl Aircraft, or other public or
private Vehicle in the course of its trip, the cnrninal action shall be instituted
and tried in thlcourt of any municipality ot terri\9r½•wi\ere such train, aircraft,
or other, l(ehfcle passed during such trip, i~cluding~the place of departure and

7.
arrival (ROC,Rule no, Sec. 15, Par. b);. , ... ; ;
Where ;,moffense is •committed on Board.a vessJI ·in th$ course of its voyage,
the criminal attion sl}att be instituted andlried in th&court of the first port of
of
entry or1 any, municipality or territory wtlere ttfe vessel passed during such
voyage s\ibjectlp thegenerplfy acqeptedprinyiples ofiinternational law (ROC,
Rule 110, Sec. 15,Par. c); . . · . .. ' ·
8. Violations of R.A. Nq, 10175 (Cybercrirrle Prev!i'htion Act of 2012) - The
criminal actions for violation .9LSectioo4 {Gybercrime offenses) and/or
Section 5 (Other""offenses), Chapter ll-of'R/,\1No. 10175, shall be filed before
the designated cybercrim~ court of th&f)tovince or city where the offense or
any of its elements is committed: or where any part of the computer system
used is situated, or where any of the damage caused to a natural or juridical
person took place, provided that the court where the criminal action is first
filed shall acquire jurisdiction to the exclusion of other courts. (A.M. No. 17-
11-03-SC, Rule on Cybercrime Warrants, Sec. 2.1);
9. R.A. No. 10364 (Expanded Anti-Trafficking in Persons Act of 2012) - The
State shall exercise jurisdiction over any act defined and penalized under this
Act, even if committed outside the Philippines and whether or not such act or
acts constitute an offense at the place of commission, the crime being a
continuing offense, having been commenced in the Philippines and other
elements having been committed in another country, if the suspect or
accused:
a. Is a Filipino citizen;
b. Is a permanent resident of the Philippines; or
c. Has committed the act against a citizen of the Philippines.
No prosecution may be commenced against a person if a foreign government,
in accordance with jurisdiction recognized by the Philippines, has prosecuted
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■
or is prosecuting such person for the conduct constituting such offense,
except upon the approval of the Secretary of Justice.
The government may surrender or extradite persons accused of trafficking in
the Philippines to the appropriate international court if any, or to another State
pursuant to the applicable extradition laws and treaties (R.A. No. 10364, Sec.
26-A).
10. R.A. No. 9851 (Philippine Act on Crimes Against International Humanitarian
Law, Genocide, and Other Crimes Against Humanity)
The RTC shall have original and exclusive jurisdiction over the crimes
punishable under the Act. The State shall exercise jurisdiction over persons,
whether military or civilian, suspected or accused of a crime defined and
penalized in this Act, regardless of where the crime is committed, provided,
any one of the following conditions is met:
a. The accused is a Filipino citizen;
b. The accused, regardless of citizenship or residence, is present in the
Philippines; or
c. The accused has committei;l the said crime against a Filipino citizen.
In the interest of justice, th~ rel~ant Philippine authorities may dispense with
the investigation or prosecution.eta crime punishable under this Act if another
court or international tribunal ·· already conducting the investigation or
undertaking the prosecution I ead, the authorities may
surrender or extradite slispeq •il!~tP s in the Philippines to the
appropriate international court, er State pursuant to the
applicable extradition laws ano
No criminal proceedings shall b~;tnitiated agairitt fore[gn nationals suspected
or accused of having committeq'the crimes dJfin~ ahd penalized in this Act
if they have been tried by a coml),ftent court outsi<tethe,Philippines in respect
of the sameoffense and acquit!~, or ha .. ' · ' d, already served
their sentence (R,A, No. 9651, sics. 17 a·
sr1y

Q: How is jurisdiction over th• person ofI'1e accused acquired?

ANS: It is acquired upon his arrest or voluntary app!3.~rance(David v. Agbay, G.R. No.
199113, March 18, 2015). ... '.,l\i4:l!t:t·:";.;\rhc!,t
Q: What is custody of the law?
ANS: Being in the custody of the law signifies restraint on the person, who is thereby
deprived of his own will and liberty, binding him to become obedient to the will of the law.
Custody of the law is literally custody over the body of the accused. It includes, but is not
limited to, detention (David v. Agbay, G.R. No. 199113, March 18, 2015).

Q: Distinguish custody of the law from jurisdiction over the person.

ANS: Custody of the law is required before the court can act upon the application for bail
but is not required for the adjudication of other reliefs sought by the defendant where the
mere application therefor constitutes a waiver of the defense of lack of jurisdiction over
the person of the accused. Custody of the law is accomplished either by arrest or voluntary
surrender, while jurisdiction over the person of the accused is acquired upon his arrest or
voluntary appearance. (David v. Agbay, G.R. No. 199113, March 18, 2015)

Q: May there be custody of law without jurisdiction over the person?

ANS: Yes. One can be under the custody of the law but not yet subject to the jurisdiction
of the court over his person, such as when a person arrested by virtue of a warrant files
a motion before arraignment to quash the warrant (David v. Agbay, G.R. No. 199113,
March 18, 2015).
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Q: May there be jurisdiction over the person without custody of law?

ANS: Yes. One can be subject to the jurisdiction of the court over his person, and yet
not be in the custody of the law, such as when an accused escapes custody after his trial
has commenced. (David v. Agbay, G.R. No. 199113, March 18, 2015)

Q: Distinguish jurisdiction over the subject matter from jurisdiction over the person
of the accused.
ANS: The following are the distinctions between jurisdiction over the subject matter and
jurisdiction over the person of the accused:

Jurisdiction over the Jurisdiction over the

Subject Matter Person of the Accused

As to the Refers to the power to hear and
Nature determine the general class to
which the proceedings in question
belong (Bilag v. Ay-ay, G.R. No.
189950, April 24, 2017).
The power of a court to try a case
with binding effect as against an
accused (Miranda v. Tuliao, G.R.
No. 158763, March 31, 2006).

As to how It is conferred by law arid not by the It may be acquired either through
Jurisdiction consent or acquies¢eooe of any or /compulsory process, such as
Acquired all of tfle pa"rttes or by erro_neous warrant of arrest, or through his
belief of the court that it exists, voluntary appearance, such as
(Bilag v. Ay-ay, G.R. No, 189950, wheh he surrenders to the police
April 24, 2017). or tc\thacourt (Miranda v. Tuliao,
G.R. Nq, 158763, March 31,
.·2006),

As to of
Lack jµrisdiction over the subject Any qhjectiqn involving the arrest
Objection of matter can always be ralseo or the pro¢edure in the court's
the anYtime, even for the first tir;ne on acquisitio9of jurisdiction over the
Jurisdiction appeal, since jurisdictional issues person of an accused must be
cannot be · . waived subject, made before he enters his plea;
however, to the· principle of otherwise, the objection is
estoppel by !aches (Boston Ec,uitY deemed waived (People v.
Resources, Inc., v. CA, G.R. No. Badilla, G.R. No. 218578, August
173946, June 19, 2013). 31, 2016).

Q: Give an outline of the criminal jurisdiction of Philippine courts.

ANS: The following are the criminal jurisdiction of the different courts:

Municipal Trial Court

Exclusive Offenses punishable with imprisonment not exceeding 6 years

Original irrespective of the amount of fine and regardless of other
imposable accessory or other penalties, including the civil liability
arising from such offenses or predicated thereon, irrespective of
kind, nature, value or amount thereof (B.P. 129, as amended by
R.A. No. 7691, Sec. 32(2));

Note: The rule disregarding the amount of the fine and other
accessory penalties applies where the offense is punishable by
 imprisonment or fine or both,
punishable by fine only.

Note: The jurisdiction of the MTC is qualified by the phrase

"Except in cases falling within the exclusive jurisdiction of the
RTC and of the Sandiganbayan."

Where the only penalty provided for by law is a fine not more than
!!>4,000(A.C. No. 09-94);
Offenses involving damage to property through criminal
negligence (B.P. 129 as amended, Sec. 32(2); R.A. 7691);
Those covered by the Rules on Summary Procedure:
a. Violations of traffic laws, rules and regulations (B.P. 129 as
amended, Sec. 36);
b. Violations of the rental law (B.P. 129 as amended, Sec. 36);
c. Violations of llJHnicipal or city ordinances (B.P. 129 as
amended, Se¢. 32);
d. Violations of B.l',.iB/g. 22 (A.M. No. 00-11-01-SC);
e. All other crimimiS'8ses where the penalty is imprisonment
not exceeding . . or a fi .[lot exceeding P1 ,000, or
both, irrespec otl\li or civil liabilities arising
therefrom (BP. ,29 as amen ed,,Sec. 32); and
f. Offenses irwolvlhg damage to property through criminal
negli9ence wh~Je the impos;abll,1(jne does not exceed
!!>10,000(B.P. 1~ as amended, Sec. ?2).

Note: This was alrejiy amend b fo..M.~- 08-8-7-SC on the

rules on expedited p~cedure; "'ji*ll''courts which took
wt:;ci.JttV-'
effedon April 11, 2~.

Under P.O. No. 160~;~jl{l]ended, the criminal cases of:

a. Government offi~~~NH'1i!9Yees;
b. Where the impossible penalty is imprisonment of 6 years or
less or fine is P4,000; and
c. Officer charged does not fall under the jurisdiction of the
Sandiganbayan or whose salary is below grade 27 and not
among those enumerated in Section 4, P.O. 1606, as
amended, and not falling under the jurisdiction of the RTC;
Criminal Tax Cases

(Please refer to page 870 for further discussion on CTA Jurisdiction.)

Special Jurisdiction on applications for bail in criminal cases in the

absence of all RTC judges in a province or city (B.P. 129 as
amended, Sec. 35).
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Regional Trial Court

Exclusive Criminal cases not within the exclusive jurisdiction of any court,
Original tribunal or body, except those falling under the exclusive and
concurrent jurisdiction of the Sandiganbayan (B.P. 129 as
amended, Sec. 20);
Offenses for which the imposable penalty exceeds 6 years
imprisonment;
In cases where the only penalty is a fine exceeding ~4,000 (A. C.
No. 09-94);
Criminal cases under specific laws:
a. Libel cases even though punishable by prision correctional
(REVISED PENAL CODE, Art. 360; People v. Eduarte, G.R.
No. 88232, February 26, 1990);
b. Jurisdiction of designated courts over cases in violation of
the R.A. No. 9165 (Comprehensive Dangerous Drugs Act of
2002) as provided in Section 90 thereof; and
c. Violation of inteUectual property rights (A.M. No. 03-03-03-
SC).
Under P.O. No. t'.606, as amended, the criminal cases of:
a. Government officials and employees;
b: Wt)efothe impossible penalty"is imprisonment for more than
6years, or fine is more thanP4,000; and
c. Officer charged does not fair under the jurisdiction of the
Sandiganbayan or whose salary Ls below grade 27 and not
among those enumerated in Section 4, P.O. No. 1606, as
amended; · ·
Court Martial Cases, EXCEPT when the offense is service-
. oriented; lt will then be tried by the courtimartial. PROVIDED:
The President may, in the interest of justice, order or direct at
any time before arraignment that any such crimes or offenses be
tried bythe proper civil courts (R.A. No. 7055, Sec. 1); and
Offenses Su_bJectto the following conditions:
a. 'Any of th~ foltowin~ offenses:
i. Violations ofRA. No. 3019;
ii. R.A. No. 1379, .
iii. Chapter II, Sec. 2, Title VII, Book II of the RPC (Direct
Bribery, Qualified Bribery, Indirect Bribery, Corruption of
Public Officials);
iv. Offenses in relation to office, meaning that the offense is
intimately connected with the office and is alleged to
have been perpetrated while the accused was in the
performance, though improper or irregular, of his official
functions; or
v. Offenses in connection with E.O. Nos. 1, 2, 14 and 14-A,
b. Where one or more of the accused are officials occupying
the positions in the government under Sec. 4(a) of P.O. No.
1606 as amended by R.A. No. 10660, whether in a
permanent, acting or interim capacity, at the time of the
commission of the offense; and
c. The Information:
i. Does not allege any damage to the government or any
bribery; or
 Alleges damage to the government or bribery arising
from the same or closely related transactions or acts in
an amount NOT exceeding F1 million (R.A. No. 10660,
Sec. 4; People v. Sandiganbayan, G.R. No. 169004,
September 15, 2010 ).
Note: Prior to the amendment under R.A. No. 10660, these
offenses committed by the foregoing public officers were under
the exclusive and original jurisdiction of the Sandiganbayan.
With the amendment, those offenses committed by those public
officers fall under the exclusive original jurisdiction of the RTC
provided that either of the 2 conditions in (c) above is met.

All cases on money laundering except those falling under the

jurisdiction of the Sandiganbayan (R.A. No. 10660, Sec. 4);
Election offenses
RTC shall have ex.c;:lusiveoriginal jurisdiction to try election
offenses (Omnibus Election Code, Sec. 268), whether
committed by:
a. A private lndividbl!ll;or
b. A public officer :et ,~mployee, 1 spective of whether the
offense is comn#tffit.Fin,_. . his official duties or not.
(Omnibus Electf9n Code, Sec. ~;
It is the nature of the offense and not the personality of the offender
that matters (Corpus v1;Tanodbayan, G.R. No. L-62075, April 15,
1~n- - ·
FAMILY COURT

Criminal cases where:

1. One or more of the ~ccused is/are below 18 years of age but not
less than 9 years o · or
Where one or more, -tfle{ilclirns is a minor at the time of the
commission of the offense;
Cases against minors cognizable under the Dangerous Drug
Act;
Violations of R.A. No. 7610 otherwise known as "Special
Protection of Children Against Child Abuse, Exploitation and
Discrimination Act", as amended by R.A. No. 7658; and
Cases of domestic violence against women and children (R.A.
No. 8369, otherwise known as "Family Courts Act of 1997", Sec.
5).
Violations of R.A. No. 8369 (Anti-Child Pornography Act of 2009)
as amended by R.A. No. 9775.

Note: All criminal cases involving a minor victim/s who is/are

deceased at the time of filing of the lnformation/s shall be raffled to
the regular court of competent jurisdiction (A.M. No. 15-02-10-SC,
Sub-item II).

If the minor victim dies after the information is filed but before
arraignment, the case shall be transmitted to the Office of the Clerk
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Regional Trial Court

of Court for re-raffle/assignment to a regular court of competent

jurisdiction (A.M. No. 15-02-10-SC, Sub-item II).

ANTI-TERROR COURT
Any person charged for violations of Sections 4, 5, 6, 7, 8, 9, 10, 11,
or 12 of The Anti-Terrorism Act of 2020 shall be tried in special courts
created for this purpose.
Note: The Supreme court shall designate certain branches of the
RTCs as anti-terror courts whose jurisdiction is exclusively limited to
try violations of the above mentioned provisions (R.A. No. 11479,
otherwise known as "The Anti-Terrorism Act of 2020", Sec. 53).

SPECIAL AGRARIAN COURT

Criminal Offenses involving Agrarian Cases (R.A. No. 6657, Sec. 57)
Note: The SC, shall deslgtjation is required before an RTC Branch
can function as·i:I Special Agrarian, Court

Crimes-Ag1:1instlnternatiqnallium.anrtcirian Law, Genocide, and

Other: C~ithesAgainst Humanity'v _ _·
i;tTC •shall have exclusive and·. oribi'na( jurisdiction over crimes
punist}able under Sec, 4 (War Crir,ies),'.Sei:. 5;(Genocide), and Sec.
6 (Other Crimes Against Humanity) ipL RA. No. 9851 or the
Phjlippine Act on Crimes Against lnterri 9JLo.n~IHumanitarian Law,
Genocide, ar:id Other Crimes Against Humanitf
.Note:' The SCshall designati:i ~pecial iouft~
:to try cases involving
crimes punishable under R.A'. No. 9851 (R.AiNo. 9851, Sec. 18)

Criminal Tax Cases ·.

(Please referto.·page &7ptor futt.h'?~cf.is~ussionon CTA Jurisdiction)

Appellate All cases decided by. the· rvfrcs in their respective territorial
jurisdiction (B.P. 129 as amended, Sec. 22).

Special To handle exclusively criminal cases as designated by the Supreme

Court (B.P. 129 as amended, Sec. 23).

Where the following conditions are met:

1. Where one or more of the accused are officials occupying the
following positions in the government, whether permanent,
acting or interim capacity, at the time of the commission of the
offense: (JEC 2 0)
a. Officials of the gxecutive branch occupying the positions of
regional director and higher, otherwise classified as Grade
 27 and higher of the Compensation and Position
Classification Act of 1989, specifically including; (PCDAP 3 )
i. frovincial governors, vice-governors, members of the
Sangguniang Panlafawigan, and provincial treasurers,
assessors, engineers, and other provincial department
heads;
ii. _g_ity mayors, vice-mayors, members of the
Sangguniang Panglungsod, city treasurer, assessors,
engineers, and other city department heads;
iii. Officials of the Qiplomatic service occupying the
position of consul and higher;
iv. Philippine Army and air force colonels, naval captains,
and all officers of high rank;
v. Officers of the fhilippine National Police while
occupying the position of provincial director and those
holding the rank of senior superintendent or higher;
vi. City and e,rovincial prosecutors and their assistants,
and offici8'S: and prosecutors in the Office of the
Ombudsman and special prosecutor; and
vii. fresidents, pirectors, or trustees, or managers of
government~own~ct...,9r . ~()ntr()lled corporations, state
universitie5: or educational institutions or foundations;
b. Members of fqngress and officials thereof classified as
Grade 27 and up under the Compensation and Position
Classification Act of 1989; ··
c. Members of the Judiciary without prejudice to the provisions
of the Constitution; .
d. Chairmen and members otthe &.on~lit4tional Commissions,
without prejudice.to the provisions prthe·constitution; and
e. All Qther national' and local officials classified as Grade 27
and higher uryder the Compensation and Position
Classification Ac\of.1.9$9(P.O. 1606, Sec. 4(a)).
Involving any of thefollowing:offenses:
a. Violations of R.A. No. 3019 (Anti-§raft and Corrupt Practices
Act);
b. Violations of R.A. No. 1379 (An Act Declaring forfeiture in
Favor of the State any Property Found to have been
Unlawfully Acquired by Public Officer or Employee); and
c. Chapter 2, Section 2, Title 7, Book 2 of the Revised Penal
Code (i.e. Qirect Bribery, Indirect Bribery, and _g_orruptionof
Public Officials)
d. Other offenses or felonies whether simple or complexed with
other crimes committed by the public officials and employees
mentioned above in relation to their office, meaning that
the offense is intimately connected with the office and is
alleged to have been perpetrated while the accused was in
the performance, though improper or irregular, of his official
functions (P.O. 1606, Sec. 4(b); People v. Sandiganbayan,
G.R. No. 169004, September 15, 2010);
Civil and Criminal Cases filed pursuant to and in connection with
E.O. Nos. 1, 2, 14 and 14-A (Sequestration cases), issued in
1986 (P.O. 1606, Sec. 4(c));
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Volume 2 • Series

Note: Even private individuals or public officers not enumerated in

Section 4(a) PD 1606, as amended, may fall under the jurisdiction of
the Sandiganbayan if the offense falls under the jurisdiction of the
Sandiganbayan and is committed in conspiracy with a public officer
enumerated under Section 4(a) of PD 1606, as amended, since such
provision categorically states "where one or more of the accused",
when qualifying the public officers enumerated therein

Exceptions:
1. In case of any of the above public officers (Item 1) commit any
of the above-offenses (Items 2 and 3), it will be the RTC that has
exclusive original jurisdiction provided that the Information:
a. Does not allege any damage to the government or any
bribery; or
b. Alleges damage to the government or bribery arising from
the same or closely related transactions or acts in an amount
NOT exceeding ~1 mttlion (R.A. No. 10660, Sec. 4).
Election offenses. .. . /
a. It is lhe RegionaFffiaf Court that has jurisdiction even if they
are committed bypublic>offic,ets cipssified as Grade 27 and
..h!gh~r and in relation to their. offices (Omnibus Election
Code, Sec. 268).
Court martial cases ,
·a/ Offenses committed by members. 9f the Armed Forces and
other persons subject to military'law are cognizable by court
marti,:3Iif such offenses are O'servicecorinected" as expressly
enumerated in R.A. No. 7055.
Libel Casl!s - RTC has exclusive and original jurisdiction
(RE,VISEO PEf'!AL COOE, Ad 36,0)
Drugs Cases C.-:R:rchas exclusive and original jurisdiction (R.A.
·t:,10.9165, Sec. 90) ··

Other OngJnal Juri~diction•of the S;ndiganbayan:

The Sandigarlb~yan shalt .havs 'exclusive original jurisdiction over
petitions for the issuance of the writs of mandamus, prohibition,
certiorari, habeas corpus, injunctions, and other ancillary writs and
processes in aid of its appellate jurisdiction and over petitions of
similar nature, including quo warranto, arising or that may arise in
cases filed or which may be filed under Executive Order Nos. 1, 2,
14 and 14-A, issued in 1986: provided that the jurisdiction over
these petitions shall not be exclusive of the Supreme Court (R.A. No.
16606, Sec. 2, amending P.O. No. 1606, Sec. 4).

Exclusive appellate jurisdiction over final judgments, resolutions, or

orders of RTCs, whether in the exercise of their own original
jurisdiction or of their appellate jurisdiction. (P.O. No. 1606, as
amended by R.A. No. 10660, Sec. 4).
 Supreme Court

Original Cases affecting ambassadors, other public minsters and consuls

Exclusive Original over Petitions for cerliorari, prohibition,

mandamus, quo warranto, and habeas corpus against the CA
(CONST. Arl. VIII, Sec. 5(1))

Concurrent i. 1 I" ..!..

Petitions for cerliorari, prohibition, and mandamus against the RTCs

(CONST. Arl. VIII, Sec. 5)

Petitions for cerliorari, prohibition, and mandamus against the MTCs

(CONST. Arl. VIII, Sec. 5)

Appellate By Petition for Review on Certiorari

1. From the CA; ,::;:

2. From the Sandiganbflyan; and

From the RTC where,:pnly an error or question of law is involved
(CONST. Art. VIII;•· 5).

By Notice of Appeal !l,::}i<i;'i:tAp"'.il;

1. As provided in Sect 3, Rule 1'22')Jg~ding appeals in criminal
cases from the C~ where the per\a~y imposed is reclusion
perpetua or life impr:il,onment; or · ' '
In criminal cases d~ded by the ~anJiga,ibayan in the exercise
of its original jurisdidt;ron (ROG, "1ule F, Sec. 6, Rule 122, Sec.
3, Rule 124, Sec. t'13(c); A,fx1:;l;,Jp •.'.Pd-'()q-SC, 2018, 2018
Revised Internal Rf;li,s of thJ: ~ijm,IJiii,jbayan, Rule XI, Sec.
t(a)) :J ····-----
···· ·
CertificatiO!\ to the scl'
From th~CA, when the_ ,,~-~ penalty of death should be
imposed, the CA shall render judgment but refrain from making an
entry oftudgment and forthwith certify the case and elevate its entire
record to the SC for review (ROC, Rule 123, Sec. 13(a))

(Please refer to page 870 for furlher discussion on CTA Jurisdiction.)

Q: With respect to the jurisdiction of the Sandiganbayan, when is an offense

committed "in relation to public office"?
ANS: The office must be a constituent element of the crime as defined in the statute. But
even if the office is not an element of the crime, it is deemed committed in relation to one's
office if he perpetrates the offense while performing, though in an improper or irregular
manner, his official functions and he cannot commit the offense without holding his public
office. In such a case, there is an intimate connection between the offense and the office
of the accused (Crisostomo v. Sandiganbayan, G.R. No. 152398, April 14, 2005).

Q: May injunction be issued to restrain criminal prosecution?

ANS: As a rule, no. Injunction cannot be used to thwart criminal prosecutions because
investigating the criminal acts and prosecuting their perpetrators right away have always
been in the interest of the public (Home Development Mutual Fund v. Sagun, G.R. No.
205698, July 31, 2018).
■ BEDAN RED BOOK
Volume 2 · Series of 2022

Q: What are the exceptions to the rule that a criminal action may not be restrained?
(PNP-WID-NPM-NP)
ANS: The following are the exceptions to the rule that a criminal action may not be
enjoined:
1. To afford adequate frotection to the constitutional rights of the accused;
2. When Necessary for the orderly administration of justice or to avoid
oppression, or multiplicity of actions;
3. When there is a frejudicial question which is sub-judice;
4. When the acts of the officer are Without or in excess of authority;
5. Where the prosecution is under an Invalid law, ordinance, or regulation;
6. When Qouble jeopardy is clearly apparent;
7. Where the court has Nojurisdiction over the offense;
8. Where there is a case of fersecution rather than prosecution;
9. Where the charges are Manifestly false and motivated by the lust of
vengeance;
10. When there is clearly Noprima facie case against the accused and a motion
to quash on that ground has been denied; and
11. freliminary injunction has been issued by the Supreme Court to prevent the
threatened unlawful arrest of petitioners (People v. Grey, G.R. No. 180109,
July 26, 2010).

B. PROSECUTION OF OFFENSES (RULE TIO}

Q: What are criminal actions?

ANS: One by which the State prosecutes a person for an act or omission punishable by
law (ROG, Rule 1, Sec. 3, par. (b)).

Q: How are criminal actions instituted?

ANS: Criminal acUons shall be instituted as follows:
1. For offenses committed in Manila and other chartered cities, regardless of
whetherpreliminary investigation is required, the complaint shall be filed with
the office of the prosecutor unless otherwise provided in their charters (ROC,
Rule 110, Sec. 1, par. b);
2. For offenses where a preliminary investigation is required, including those
committed outside of Manila or outside of a chartered city, which require
preliminary investigation (offenses punished by imprisonment for at least 4
years, 2 months and 1 day without regard to fine), by filing the complaint with
the proper officer for the purpose of conducting the requisite preliminary
investigation (ROG, Rule 110, Sec. 1, Par. a; Rule 112, Sec. 1);
3. For offenses committed outside of Manila or outside of a chartered city, which
does not require preliminary investigation, by filing the complaint or
information directly with the Municipal Trial Courts and Municipal Circuit Trial
Courts, or the complaint with the office of the prosecutor for the purpose of
preliminary investigation (ROC, Rule 110, Sec. 1, Par. b).

Q: Are there crimes not subject to prescription?

ANS: Yes. As a rule, crimes prescribe in the periods as provided by the Revised Penal
Code and Act No. 3366, unless a special law provides otherwise, such as crimes punished
under RA No. 9851 or the "Philippine Act on Crimes Against International Humanitarian
Law, Genocide, and Other Crimes Against Humanity". Section 11 of R.A. No. 9851
provides that the crimes defined and penalized under said Act, their prosecution, and the
execution of sentences imposed on their account, shall not be subject to any prescription.
(R.A. No. 9851, Sec. 11)
Q: What does the court consider in determining whether the crime has prescribed?
ANS: The following must be considered:
1. The period of prescription of the offense charged;
2. The time when the period of prescription starts to run; and
3. The time when the prescriptive period is interrupted (Disini v. Sandiganbayan,
G.R. Nos. 169832-24, September 11, 2013).

Q: When does the period of prescription start to run?

ANS: For crimes under the RPC, it commences to run from the day on which the crime
is discovered by the offended party, the authorities, or their agents. (REVISED PENAL
CODE, Art. 91) For special laws, prescription shall begin to run from the day of the
commission of the violation of the law, and if the same be not known at the time, from the
discovery thereof (Act No. 3326, Sec. 2).
Note: Art. 91 of RPC further provides that the term of prescription shall not run when the
offender is absent from the Philippine Archipelago.

Q: What is the blameless ignorance doctrine?

ANS: It is the exception to the rule that pre,,scriptioncommences to run from the day of
the commission of the violation of law, incotporated in Sec. 2, Act No. 3326. Under this
doctrine, the statute of limitations runs only n discovery of the fact of the invasion of a
right which will support a cause of action. In er words, the courts would decline to apply
the statute of limitations where the plaintiff ' not know or has no reasonable means of
knowing the existence of a cause of action f:~'.'.ef3f11i~1Jbayan, G.R. Nos. 169832-
24, September 11, 2013). · · · ' · · ··

Q: How will the prescriptive period be intijrrupted?

ANS: For both crimes under theRPC andj~pecial laws, jf is interrupted by the filing of
the complaint or information, which include'!f .the filing of'the complaint for purposes of
preliminary investigation (People v. PangilinM G.R. No., 152662, June 13, 2012).
; :r:;'=:' "h •.,' :, ll0 "{-; .->. .~•• .;. W ;,, ••,; {-

Q: Will the prescriptive period for cri. cover~a

1
4il:
Procedure beiijlriri11ry
interrupted by the filing of the complalp,t with the prosecutor for purposes of
preliminary investigation? ,.
ANS: No. For crimes unde,r summary pr rlhe prescriptive period will only be
tolled by the filing of the information in court tfle"fflingof complaint for the conduct
or preliminary investigation because the Rule on Summary Procedure provides that the
case shall only be deemed commenced only when filed in court. Thus, if the complainant
opts to file a complaint for preliminary investigation first, the period shall continue to run
and will only be tolled by the filing in court. (Jadwe/1 Parking Systems Corporation v. Lidua,
Sr., G.R. No. 169588, October 7, 2013)

Q: Since B.P. Big. 22 is a special law and falls under summary procedure, which
rule shall be applied insofar as the interruption of prescriptive period?
ANS: The rule on special laws under Act No. 3326 shall be applied and the prescriptive
period shall be interrupted by the commencement of the proceedings before the Office of
the City Prosecutor for the purposes of preliminary investigation (People v. Pangilinan,
G.R. No. 152662, June 13, 2012).

Q: After the prescriptive period is tolled, when will it commence to run again?
ANS: It is shall commence to run again when the proceedings terminate without the
accused being convicted or acquitted, or are unjustifiably stopped for any reason not
attributable to the accused (RPC, Sec. 91; Act No. 3326, Sec. 2).

Q: What is a criminal complaint?

ANS: A complaint is a sworn written statement charging a person with an offense,
■ SEDAN REDBOOK
Volume 2 · Series of 2022

subscribed by the offended party, any peace officer, or other public officer charged with
the enforcement of the law violated (ROC, Rule 110, Sec. 3).

Q: What are the requisites of a complaint? (SCOWP)

ANS: The following are requisites of a complaint:
4. It must be §.ubscribed by the offended party, by any peace officer or public
officer charged with the enforcement of the law violated;
5. It must ~harge a person with an offense;
6. It must be under Qath and in Writing; and
7. It must be in the name of the feople of the Philippines (ROC, Rule 110, Sec.
3).

Q: What is an information?
ANS: An information is an accusation in writing charging a person with an offense,
subscribed by the prosecutor and filed with the court (ROC, Rule 110, Sec. 4).

Q: What are the requisites of an information? (WC-SFP)

ANS: The following are requisites of an information:
1. It must be in Writing;
2. It must ~harge a person with an offense;
3. It must be §.ubscrfbed by the prosecutor;
4. It must be fil~d in ~ourt;
5. It must be in the name of the feople of the Philippines (ROC, Rule 110, Sec.
3 and 4).

Q: Who shall prosecute criminal actions?

ANS: All criminal actions commenced by a complaint or information shall be prosecuted
under the direction and control of the public prosecutor (ROC, Buie 110, Sec. 5).

Q: When may a private prosecutor prosecute a criminal action? (HA 2)

ANS: A private prosecutor may prosecute a criminal action when the following conditions
concur:
1. In case of t!.eavy work schedure of the public prqsecutor, or lack of public
prosecutors;
2. The private prosecutor ls ~uthorized in writing by the Chief of the Prosecutor
Office or the Regional State Prosecutor (RSP);
3. The authority of the private prosecutor must be Approved by the court (ROC,
Rule 110, Sec. 5).

Q: Until when may the private prosecutor prosecute the criminal action?
ANS: Once authorized to prosecute the criminal action, the private prosecutor shall
continue to prosecute the case until the end of the trial, even in the absence of the public
prosecutor, unless the authority is revoked or otherwise withdrawn (ROC, Rule 110, Sec.
5).

Q: May the private offended party assail the acquittal of the accused or the
dismissal of the criminal case?
ANS: No. The private complainant has no legal personality to assail the dismissal of the
criminal case or the acquittal of the accused. Section 5, Rule 110, provides that all criminal
actions commenced by complaint or by information shall be prosecuted under the
direction and control of a public prosecutor. In criminal cases, the dismissal of the case
against an accused can only be appealed by the prosecutor or the Solicitor General,
acting on behalf of the State. In criminal cases, the People is the real party-in-interest,
and the private offended party is but a witness in the prosecution of offenses. The interest
of the private offended party is limited only to the aspect of civil liability (Bumatay v.
Bumatay, G.R. No. 191320, April 25, 2017).

Q: Who may assail the acquittal or dismissal of the accused on behalf of the State?
ANS: In appeals of criminal cases before the Supreme Court and the Court of Appeals,
the authority to represent the State is vested solely in the Office of the Solicitor General.
In appeals of criminal cases before the RTC, the prosecutor is vested with the authority
to represent the state (Bumatay v. Bumatay, G.R. No. 191320, April 25, 2017).

Q: Is there an exception when the private complainant may be allowed to assail the
dismissal or acquittal of the criminal case?
ANS: Yes. When there is conformity of the prosecutor/OSG or in exceptional
circumstances, when there is violation of due process (Bumatay v. Bumatay, G.R. No.
191320, April 25, 2017; Merciales v. Court of Appeals, G.R. No. 124171, March 18, 2002).

Q: When may a private prosecutor prosecute the civil aspect of a criminal action?
ANS: In cases where only the civil liability is being prosecuted by the private prosecutor,
the head of the prosecution office must issue in favor of the private prosecutor a written
authority to try the case even in the absen. f the public prosecutor. The written authority
must be submitted to the court prior to presentation of evidence by the private
prosecutor in accordance with Sec;: ..s• 110 (A.M. No. 15-06-10-SC or Revised
Guidelines for Continuous Trial of Crim s, Subheading Ill, Item No. 4 [hereinafter
RGCCJ).

Q: How are criminal actions for private c es institu e

ANS: Criminal actions for private crime~>:a~ instituted as f
1. For Adultery and Concubinag~ / 1 ·,,
Shall not tie prosecuted exce ... upon a cotfiplaint\filed by the offended
spouse. •. (\~ ' ( \
The offended party.cannot insti~ crimi . ·thout including the
guilty parties, if both are alive,!Jpr, in an offended party has
consented to. the•Offense or'parfned the offenders.
Note: For adultery and concubi rules did not distinguish whether the
pardon or consent is express er, both pardon and consent
must be given prior to the filing o a co . (Arroyo v. Court of Appeals,
G.R. No. 96602;Noveiriber 12, 1991).
2. For Seduction, Abduction, and Acts of Lasciviousness:
Shall not be prosecuted except upon a complaint filed by the offended party
or her parents, grandparents, or guardian, nor, in any case, if the offender
has been expressly pardoned by any of them. The right to file the action
granted to parents, grandparent or guardian shall be exclusive of all other
persons and shall be exercised successively in the order as provided.
Note: The offended party, even if a minor, has the right to initiate the
prosecution independently unless she is incompetent or incapable to do so.
Where the minor offended party fails to file a complaint, her parents,
grandparents or guardian may file the same. The right to file, the action
granted to parents, grandparent or guardian shall be exclusive of all other
persons and shall be exercised successively in the order as provided.
If the offended party dies or becomes incapacitated before she can file the
complaint, and she has no known parents, grandparents or guardian, the
State shall initiate the criminal action in her behalf.
3. For Defamation which consists in the imputation of any of the offenses
mentioned above:
■
BEDAN REDBOOK
2 · Series of 2022
Volume

No criminal action shall be brought except at the instance of and upon

complaint filed by the offended party (ROC, Rule 110, Sec. 5).

Q: When is a complaint or information sufficient? (ADAO-PA)

ANS: A complaint or information is sufficient if it states:
1. The name of the Accused;
2. The Qesignation of the offense given by the statute;
3. The Acts or omissions complained of as constituting the offense;
4. The name of the Qffended party;
5. The Approximate date of the commission of the offense; and
6. The flace where the offense was committed (ROC, Rule 110, Sec. 6).

Q: What is the test for the sufficiency of information?

ANS: The test of sufficiency of information is whether the facts alleged therein, which
are hypothetically admitted, would establish the essential elements of the crime defined
by law. Evidence aliunde or matters extrinsic of the information are not to be considered
(People v. Odtuhan, G.R. No. 191566, July 17, 2013).

Q: May the accused question the suffici~Jtc~ of the complaint or information for the
first time on appeal? .. ·· · .: ..,
ANS: No. Objections relati11g:tpthe.Jorm\ofthewmPlaint,or information cannot be made
for the first time on appeaVAppellal1tshootct•iffive tnoyed ~fore arraignment either for
a bill of particulars or jorJhe -gua.shaLof .theJnfcirmatiqnff 'it does not conform to the
prescribed form (PeoP,/6'"V.,
,
Twdor6, G.R. No. 172'372,
( ·;
Qecember
.. ,.
4, 2009).

Q: What happens if thenr"i~ a jnistake in the name.of t~raccllsed?

ANS: A mistake irtt~ehame o{the accused is not equivaleqt.anl!l does not necessarily
amount to a mistake in the identity of the accused especially when1sufficient evidence is
adduced to show that the accused is pointed to as c;meof tt,e i;erpetrators of the crime
(People v. Amodia, ;G.F(,Vo. 1737f}1,
, /" ,..
. f } ··~ ·..
Aprill, 20091,
/, ;
· 1
f

However, the identiti. of th~. accused ftlUStb~ proven 1(/

(P/ople Tumambing, G.R. No.
191261, March 2, 2011). Wha.t matte;irslh cOrwicting an·accu5;ed is his identification as
the person who commrUed the•crime, nbt the narna· upder,,4'hich he was arrested or
charged. (People v. Bonif(},_G,F?:Nq>128QQ2, ..0et6Qer 10,.2000).
",.,,4~.. ,. . ".'•''>-.; ' , ~ .,, ,;< ❖;

Q: What are the requirements htQ.~he'd~si_g;natiOn of the offense? (DAQ-A)

ANS: The complaint or information shatr·state:
1. The Qesignation of the offense given by the statute;
2. Aver the Acts or omissions constituting the offense; and
3. Specify its Qualifying and Aggravating circumstances (ROG, Rule 110, Sec.
8).

Q: What must be stated in the complaint or information if there is no designation of

the offense?
ANS: If there is no designation of the offense, reference shall be made to the section or
subsection of the statute punishing ii (ROC, Rule 110, Sec. 8).

Q: Should the exact wording of the law be alleged for the complaint or information
to be sufficient insofar as the nature and cause of the accusation is concerned?
ANS: No. The acts or omissions complained of as constituting the offense and the
qualifying and aggravating circumstances must be stated in ordinary and concise
language and not necessarily in the language used in the statute but in terms sufficient to
enable a person of common understanding to know what offense is being charged as well
 as its qualifying and aggravating circumstances and for the court to pronounce judgment
(ROG, Rule 110, Sec. 9).

The information need not reproduce the law verbatim in alleging the acts or omissions
that constitute the offense. If its language is understood, the constitutional right
to be
informed of the nature and cause of the accusation against the accused stands unviolated
(Villarba v. CA, G.R. No. 227777, June 15, 2020).
Note: One of the fundamental rights of an accused person is the right to be informed
of
the nature and cause of the accusation against him. This means that the accused
may
not be convicted of an offense unless it is clearly charged in the Information. Even
if the
prosecution successfully proves the elements of a crime, the accused may
not be
convicted thereof, unless that crime is alleged or necessarily included in the Information
filed against the latter (Malabanan v. Sandiganbayan, G.R. No. 186329, August 2,
2017).
Q: Will the erroneous designation or failure to make the designation of the
offense
cause the quashal of the complaint or information?
ANS: No. The erroneous specification of the law violated, or the failure to mention
the
specific provision penalizing the act, does ot vitiate the information provided
that the
facts alleged therein clearly recite the facts onstituting the crime charged. The recital
of
the ultimate facts and circumstances, In t complaint or information determines the
character of the crime and not the t or preamble of the information, or the
specification of the provision of the law a to have been violated (People v. Donia,
G.R. No. 212815, March 1, 2017). ':t:.:.;;;;,'t.';
The real nature of the crime charged is detfrmined not by th~:;,titleof the complaint,
nor
by the specification of the provision of the l@walleged to havt 'been violated, but
by the
facts recited in the complaint or information (T!eople v. MablJg,iG.R. No. L-38548,
July 24,
1980). ti
't:·t;
Q: The designation of the offem1e in
allegations of facts therei!l show the •ments
it info homicide but the
hat is the crime
charged?
ANS: It is murder. What controls is not th ' · le of the information or the designatio
n of
the offense but the actual facts recited in · ·on. It is the recital of facts of the
commission of the offense, not the nomenc etise, that determines the crime
being charged in the information (Malto v. People, G.R. No. 164733, September
21,
2007).

Q: What is the effect when a qualifying or an ordinary aggravating circumsta

nce is
attendant in the offense but not specified in the information?
ANS: The aggravating circumstance, whether ordinary or qualifying, cannot
be
appreciated in determining the penalty to be imposed. It is in order not to trample
on the
constitutional right of an accused to be informed of the nature of the alleged offense
that
he or she has committed. However, in the civil aspect, an aggravating circumstance,
even
if not alleged in the information, but proven during trial may be made basis for an
award
of exemplary damages (People v. Jugueta, G.R. No. 202124, April 5, 2016).

Q: May a complaint or information charge more than one offense?

ANS: As a rule, no. A complaint or information must charge only one offense (ROG,
Rule
110, Sec. 13). However, this rule is subject to the following exceptions:
1. When the law prescribes a single punishment for various offenses:
a. Special Complex Crime;
b. Compound Crime;
c. Complex Crime Proper;
 2. In case of waiver as when there is failure to object to duplicitous offenses in
a single complaint or information before the accused pleads to the complaint
or information (ROG, Rule 110, Sec. 13; 117, Sec. 9).
Note: The rationale behind rule against duplicitous offenses in a single complaint or
information is to give the accused the necessary knowledge of the charge against him
and enable him to sufficiently prepare for his defense. The State should not heap upon
the accused two or more charges which might confuse him in his defense (People v. Court
of Appeals, G.R. No. 183652, February 25, 2015).

Q: What is the effect of failure of the accused to timely object to the duplicity of
offense in the complaint or information?
ANS: The failure of the accused to raise this issue during arraignment constitutes a
waiver, and he could be convicted of as many offenses as are charged in the information
and proved (Fajardo v. People, G.R. No. 190889, January 10, 2011).

Q: Should the exact address of the commission of the crime be stated in the
complaint or information for it to be sufficient?
ANS: No. As long as it can be understood from its allegations that the offense was
committed or some of its essential-mgredien~ occurred at some place within the
jurisdiction of the court, unlessrf'p.articu!ar placewo·~~ it was committed constitutes an
essential element of the offeflse~har,ge,q.ru:,ls,;·pec~saryfo,r its identification (ROG, Rule
110, Sec. 10). ·· ·· ··· · ·

Q: Should the exac'tjfat~~fithe commission of 'ttie;Offense be stated in the

complaint or inforrpation for it to be sufficient? \/ I
ANS: No. The off~.may be alleged to have been corrt(hittect on a date as near as
possible to the actu~'<Iate of its,commission. It is not rieces$a'rflo\state in the complaint
or information the precise date f!,e offense was committed lilxeept when it is a material
ingredient of the offense fROC, Rl,.ile 11 Q, Sec. 11), . ·

Q: When may a complaint or information be arttendedl i

ANS: A complaint otinformation may be_amert\;led;in focmor in iubstance, without leave
of court, at any time bef:orethe'~ccusep enters his plea.c.Aftertt}e plea and during the trial,
a formal amendment may only .qe, made v.<lthleavEf°otcourt and when it can be done
without causing prejudice to the'rtght,s dfthe accµsoo.·., ·
However, any amendment before 'p1eat••Whichcfowngrades the nature of the offense
charged in or excludes any accused from the complaint or information, can be made only
upon motion by the prosecutor, with notice to the offended party, and with leave of court
(ROG, Rule 110, Sec. 14(1)).

Q: Is the rule that only formal amendments that do not cause prejudice to the rights
of the accused may only be made after plea absolute?
ANS: No. This is subject to exception where a substantial amendment after plea may be
allowed if it is beneficial to the accused (People v. Janairo, G.R. No. 129254, July 22,
1999).

Q: As an exception to the exception, may there be a substantial amendment to

charge a more serious offense after the accused has been arraigned?
ANS: Yes. Amendment of an information to charge a more serious offense is permissible
and does not constitute double jeopardy even where the accused was already arraigned
and pleaded not guilty to the charge, where the basis of the more serious charge did not
exist but comes as a subsequent or supervening event (People v. Degamo, G.R. No.
121211, April 30, 2003).
 Note: Sec. 7, Rule 117 provides that the conviction of the accused shall not be a bar to
another prosecution for an offense which necessarily includes the offense charged in the
former complaint or information under any of the following circumstances:
1. The graver offense developed due to supervening facts arising from the same
act or omission constituting the former charge;
2. The facts constituting the graver charge became known, or were discovered
only after a plea was entered in the former complaint or information; or
Tthe plea of guilty to the lesser offense was made without the consent of the
prosecutor and of the offended party, except as provided in Sec. 1(f), Rule
116.

Q: What is a formal amendment?

ANS: A formal amendment is one that does not charge another offense or alter the
nature of the crime or does not alter the prosecution's theory of the case as to cause
surprise to the accused and affect the form of defense he has or will assume (Mendez v.
People, G.R. No. 179962, June 11, 2014; People v. Sandiganbayan (Seventh Division),
G.R. No. 240621, July 24, 2019).

Q: What is the test to determine whether ft,e rights of an accused are prejudiced by
K
an amendment? . ··
ANS: The test is whether a defense tinder information as it originally stood would be
available after the amendment is made ether any evidence defendant might have
would be equally applicable to the info ·...... ~\ff.es in the other (Mata/am v.
Sandiganbayan, G.R. No. 165751,.12 Apr,1 ils:
,if\\
Q: What is a substantial amendment? v, / ..·•t
ANS: Substantial amendment consists of tanging the r!'cifa(pf facts constituting the
offense charged and d~ermil'Ultive of theIJrisdiction ofth~ c~rt (Teehankee, Jr. v.
Madayag, G.R. No'. 103102, March 6, 19921ft • t
. ~ \
Q: When_ is the substituti.on elf a co~plaifttfor info·· : . . .
ANS: If 1tappears at any ttme before JUdgrrt1atthat a mis een made m charging
the proper offense, the court shall dismiss t~ original complaint or Information upon the
filing of a new one charging the proper offe ed the accused shall not be placed
in double jeopardy (ROC, ~uJe 110, Sec, 1.

Q: What is the test to detetminewhether amendment or substitution will apply?

ANS: Where the second information involves the same offense, or an offense which
necessarily includes or is necessarily included in the first information, an amendment of
the information is sufficient. Otherwise, where the new information charges an offense
which is distinct and different from that initially charged, a substitution is in order. There
is identity between the two offenses when the evidence to support a conviction for one
offense would be sufficient to warrant a conviction for the other, or when the second
offense is exactly the same as the first, or when the second offense is an attempt to
commit or a frustration of, or when it necessarily includes or is necessarily included in, the
offense charged in the first information (Pacoy v. Cajigal, G.R. No. 157472, 28 September
2007).

Q: When does an offense necessarily includes or is necessarily included in

another?
ANS: An offense may be said to necessarily include another when some of the essential
elements or ingredients of the former, as this is alleged in the information, constitute the
latter. And, vice-versa, an offense may be said to be necessarily included in another when
the essential ingredients of the former constitute or form a part of those constituting the
latter (Pacoy v. Cajigal, G.R. No. 157472, 28 September 2007).
Q: Distinguish amendment from substitution.
ANS: The following are the distinctions between amendment and substitution:
Amendment Substitution

As to I - :. same, attempted, new information

Applicability frustrated, necessarily includes or involves different a offense
necessarily included offense. which will not place the
accused twice in jeopardy

As to Scope May involve either formal or Involves substantial change

substantial changes. from the original change.

Asto Amendment before the plea has Substitution of information

Necessity of been entered can be effected must always be with leave of
Leave of Court without leave of court. court as the original
information has to be
Amendment after the plea can be
dismissed.
effected only when there is leave of
court.
Asto As amElnded ioformation \E}ters to. Requires or presupposes
Applicability of the same offense charged in the · that the new information
Rule on origiflal inforrnati90 orto. an offense .involves a different offense
Double w~ich necessarily includes ...ot. is. whiciJdoes not include or is
Jeopardy ,necesiarily included in the origir,al 0 pot necessarily included in
charge, hence substantial \he original charge; hence
. arfi~ndments to the information tbe accused cannot claim
aft;; the plea has been taken dbuble jeopardy.
cannot be made over the objectlon
' ofyttie accused, for if the. origin;:tl
•jnfor"'1tion WOl.ljd be withdrawn, .
tl:)e accused could•lnvol<e double.·-·
jeoP,ardy.·
As to need for There,_is ob, need. for ~nother
another preliminary Investigation in formal
preliminary amendments.
investigation
As to substantial amendments,
accused is entitled to another
preliminary investigation. However,
if the amended information
contains a charge related to or is
included in the original information,
a new preliminary investigation is
not required.
(Pacoy v. Cajigal, G.R. No. 157472, September 28, 2007; Soberano v. People, G.R. No.
154629, October 5, 2005)

Q: When may an offended party intervene in the prosecution of an offense?

ANS: Where the civil action for recovery of civil liability is instituted in the criminal action
pursuant to Rule 111, the offended party may intervene by counsel in the prosecution of
the offense (ROC, Rule 110, Sec. 16).
 BEDAN RED BOOK
Volume 2 · Series of 2022 ■
Q: When may an offended party not intervene in the prosecution of an offense?
ANS: The rule that an offended party may intervene in the prosecution of an offense is
subject to the following exceptions:
1. When, from the nature of the crime and the law defining and punishing ii, no
civil liability arises in favor of a private offended party; and
2. When, from the nature of the offense, the offended parties are entitled to civil
indemnity, but:
a. They waive the right to institute a civil action;
2. Expressly reserve the right to do so; or
3. The suit has already been instituted (Rodriguez v. Ponferrada, G.R. Nos.
155531-34, July 29, 2005).

Q: What is the rule on implied institution of the civil action with the criminal action?
ANS: When a criminal action is instituted, the civil action for the recovery of the civil
liability arising from the offense (civil liability ex delicto) charged shall be deemed instituted
with the criminal action unless the offende party waives the civil action, reserves the
right to institute it separately or institute5;tl'\ ivil action prior to the criminal action (ROG,
Rule 111, Sec. 1).

Q: When should the reservation of

be made? ..
ANS: The reservation of the right to ihstlt civil action shall be made
before the prosecution starts ptesentingjts.. idence and u _•..... circumstances affording
the offended party a reasonable opportunffi to make such iet,e,vation (ROG, Rule 111,
Sec. 1). .. , · :l\ 1
i '\
Q: What are the. Instances when rese~tion to fie qlvil action separately is
prohibited? (BSTJ .. !l
ANS: The following are the instances. wheft' reservat
•r
action separately is
prohibited: ·. . t,,
1. In criminal actions for violation .P. Big. 22 (ROG, Rule 111, Sec. 1(b));
2. In criminal actions falling und · tion of the §.andiganbayan (R.A.
No. 8249, Sec. f#J;and ..
3. In Iax cases (/i;A. No, 9.282, Sec. 7(b)(1)).

a·
Q: What is the effect of filing criminal action to a separate civil action not yet
instituted?
ANS: After the criminal action has been commenced, the separate civil action arising
therefrom cannot be instituted until final judgment has been entered in the criminal action
(ROG, Rule 111, Sec. 2).

Q: What is the effect of filing a criminal action to a separate civil action already
instituted?
ANS: If the criminal action is filed after the civil action has already been instituted, the
latter shall be suspended in whatever stage it may be found before judgment on the
merits. The suspension shall last until final judgment is rendered in the criminal action
(ROG, Rule 111, Sec. 2).
Note: Nevertheless, before judgment on the merits is rendered in the civil action, the
same may, upon motion of the offended party, be consolidated with the criminal action in
the court trying the criminal action (ROG, Rule 111, Sec. 2).
Q: When may a civil action proceed independently of the criminal action?
ANS: In the cases provided in Art. 32 (fundamental rights and liberties), Art. 33 (cases
of defamation, fraud, and physical injuries), Art. 34 (refusal or failure by police force to
render aid or protection in case of danger to life or property), and Art. 2176 (quasi-delict)
of the Civil Code of the Philippines, the independent civil action may be brought by the
offended party. It shall proceed independently of the criminal action and shall require only
a preponderance of evidence. In no case, however, may the offended party recover
damages twice for the same act or omission charged in the criminal action (ROG, Rule
111, Sec. 3).

Q: Does the extinction of the penal action/criminal liability carry with it extinction
of the civil action?
ANS: The civil action based on delict may be extinguished if there is no finding that the
act or omission from which the civil liability ex de/icto may arise exists or if the accused,
after arraignment, dies during the pendency of the action.

However, the extinction of the penal action/criminal liability does not carry with it the
extinction of the civil action in the following instances:
1. Civil Liability is based on s9un;@Ito,therthan delict such as contracts, quasi-
contracts, quasi-deli,cts'l'.lr1dlew; · '•,
2. There is a finding,tl)at the act Qromi~~ion from which the civil liability ex de/icto
may arise exists, ~uch clS wtren: ,., . ,',. .
a. The acc~ed i'q,e6nvi_c;;tedandfou~ct-to pe'civilly liable ex de/icto, but the
accused,Jft$'eafttlf dies after final ju~ment;,in which case the civil
liability ·ex
,o'elidto will not be exting\Jishect·but 1death extinguishes the
, '
crir:fljnal liability_;or . __ .._._ . _ ___ \
b. Thb pef!Llittal iS based on ·reasonable doubt and there is no finding that
the civil tiability ex delicto does not exist; __.. 1
c. Thpdec~ion cohtains a declaration ~at the)i'ability of the accused is not
crim(nal t,iut only <;ivilin nature;
d. The, law t;leclate.s that there can be no c;rimina,l liability but only civil
liabl\i,ty; an'rJ . · ... . . , 1

e. Where there~re justifyingior ei(empting''circumstances.

"'
' V ,.;'

Hence, if the accused i~'fQur1l;ot:tob~,i:;dmina1fy:liabte~)t'does not necessarily mean

0

that he will not, likewise, be he!ci'civH1yliabl~ (Alissan.-Ga!fery-Ortigas v. Felipe, G.R. No.

199067, November 11, 2013; ROC,.Bule 1'11, Sec,~2'an d 4; Poblador, Jr., v. Manzano,
G.R. No. 192391, June 19, 2017; RPc:ArCH, 12 and 332)

Q: In case the private offended party is awarded damages in both the civil action
ex delicto and the independent civil actions, which award shall be paid to him?
ANS: If the awards made in the two cases vary, the private offended party may recover
the greater amount (Ace Haulers Corp. v. CA, G.R. No. 127934, August 23, 2000).

Q: What is the remedy of the offended party as to pursuing the civil liability in case
the accused dies?
ANS: Insofar as civil liability ex delicto, and the accused dies after judgment where there
is finding of civil liability ex delicto, the offended party may claim the same against the
estate in the settlement of estate proceedings. If accused dies during the pendency of the
criminal case, the civil liability ex de/icto will be extinguished and the offended party may
claim civil liability arising from sources other than delict by filing it against the estate or
directly with the executor or administrator, depending on the nature of the claim, as the
case may be (ROG, Rule 111, Sec. 4; Rule 86, Sec. 5; Rule 87, Sec. 1).
 Q: What is a prejudicial question?
ANS: A prejudicial question is understood in law to be that which arises in a case the
resolution of which is a logical antecedent of the issue involved in said case and the
cognizance of which pertains to another tribunal (Domingo v. Spouses Singson, G.R. Nos.
203287 & 207936, April 5, 2017).

Q: What is the effect of the pendency of a prejudicial question on the criminal

action?
ANS: The criminal action may be suspended on the ground of pendency of a prejudicial
question (ROG, Rule 111, Sec. 6).

Q: What are the elements of a prejudicial question? (PIRA)

ANS: The following requisites must be present for a civil action to be considered
prejudicial to a criminal case:
1. The civil action must be instituted frior to the criminal action;
2. The civil case involves an issue similar or !ntimately related to the issue raised
in the subsequent criminal action;
3. The B,esolution of the issue or issues raised in the civil action determines
whether or not the criminal action may proceed; and
4. Jurisdiction to try said question must be lodged in Another tribunal (ROG,
Rule 111, Sec. 7; People v. Are/Ji!)ulo, Jr., G.R. No. 186597, June 17, 2015).

Q: What are the rules on filing fee$ in ~Ml ac.tions deemed instituted with the
criminal case? ... · ..
ANS: The following are then,iles on filing f§les in civil actions deemed instituted:
1. When the offended party seek~ to enforce civil fi!lbility against the accused
by way of moral, nominal, temperate, or exemplary damages without
specifying the amount thereof ii"!'the complaint or information, the filing fees
therefor shall constitute a first lien on the judgment awarding such damages;
2. Where ~he amount of damag~•• other. than ,fctuat is specified in the
complaint or information, the &6rrespondit11:r~!it1~1:tshall be paid by the
offended party upon the filing thtreof in court; and· ·
3. Except as otherwise provided irtthe Rules, no filing fees shall be required for
actual damages •
4. In violations of B.P. No. 22 ca~;,~.S~!lll ~ payment of filing fees in full
upon filing of the joint criminal arid civil actions, based on the amount of the
checks involved, which shall be considered as actual damages claimed
(ROG, Rule 111, Sec. 1).

Q: May there be counterclaims, cross-claims or third-party complaints filed by the

accused in a criminal case?
ANS: No. Any cause of action which could have been the subject thereof may be litigated
in a separate civil action (ROG, Rule 111, Sec. 1).

i:,;. l'R6UMINARYINVE8TIGATION
Q: Distinguish executive and judicial determination of probable cause.
ANS: The following are the distinctions between executive and judicial determination of
probable cause:

Executive Determination Judicial Determination

As to the I I I • I• I To issue a warrant of arrest

Rationale
and effect of
■
BEDAN RED BOOK
Volume 2 · Series of 2022

Executive Determination Judicial Determination

finding probable cause is found, If probable cause is found, court

probable Information shall be filed in court shall issue a warrant of arrest or
cause a commitment order if the
accused is already arrested and
hold him for trial

As to whose • • • • • Judge
Function

As to the To determine whether or not there is To determine whether or not a

Purpose reasonable ground to believe that warrant of arrest should be
the accused is guilty of the offense issued against the accused
charged and should be held for trial

Effect of no The complaint shall be dismissed Court may require the

finding of and no information shall be filed in submission of additional
probable • evidence or dismiss the case
cause

(People v. Andrade, G.R. No. 187000, November 24, 2014; f1OG, Rule 112, Sec. 5).

Q: What is a preliminary investigation?

ANS: Preliminary investig;;ition is an inquiry or proce$ding,tb. determine whether there is
sufficient ground to engender a well-founded belief that a crjme has been committed and
the respondent is probably guilty thereof, and should be held for trial (ROG, Rule 112,
Sec. 1). ·

Q: Is the right to preliminary investigation a constltutio1;1at right?

ANS: The right to preliminary investigation is not a constitution,il right but is merely a
right conferred by statute (Serapio v. Sandige.nbayan, G.R. Np. 148648, January 28,
2003).

Q: When is preliminary investigation required?

ANS: It is required to be conducted before the filingofa complaint or an information for
an offense where the penalty prescribed by law is at' least 4 years, 2 months and 1 day,
without regard to fine, unless a person is arrested without a warrant and undergoes
inquest proceedings.

However, a person subjected to inquest proceedings may request for preliminary

investigation in the following instances:
1. Before the information is filed, the person arrested may ask for a preliminary
investigation but must sign a waiver of the provisions of Art. 125, RPC, in the
presence of his counsel; or
2. After the filing of the complaint or information in court, without a preliminary
investigation, the accused may, within 5 days from the time he learns of its
filing, as for a preliminary investigation (ROG, Rule 112, Sec. 1 and 6).

Q: What is the effect of absence of preliminary investigation on the validity of the

information?
ANS: The absence of preliminary investigation does not impair the validity of the
information or otherwise render the same defective. Neither does it affect the jurisdiction
of the court or constitute a ground for quashing the information (Villaflor v. Gozon, G.R.
No. 134744, January 16, 2001).
 BEDAN RED BOOK
Volume 2 • Series of 2022
■·
Q: When is a motion for preliminary investigation a prohibited motion once in a
criminal case filed in court?
ANS: It is prohibited in the following instances:
1. When filed beyond the 5-day reglementary period in inquest proceedings
under Sec. 6, Rule 112;
2. When preliminary investigation is required under Sec. 8, Rule 11 or allowed
in inquest proceedings and the accused failed to participate in the preliminary
investigation despite due notice;
3. When it is a motion for reinvestigation of the prosecutor recommending the
filing of information once the information has been filed before the court:
a. If the motion is filed without prior leave of court;
b. When the preliminary investigation is not required under Sec. 8. Rule
112; and
c. When the regular preliminary investigation is required and has been
actually conducted, and the grounds relied upon in the motion are not
meritorious, such as issues of credibility, admissibility of evidence,
innocence of the accused, lack of due process when the accused was
actually notified, among others (Revised Guidelines for Continuous Trial
of Criminal Cases, A.M. No; 15-06-10-SC, Ill (2) (b) (ii) and (iii))

Q: What is meant by probable cau$e for A,11trposes

of preliminary investigation?
ANS: Probable cause has been · defin•: as the existence of such facts and
circumstances as would excite the belief, in@.J~nable mind,acting on the facts within
the knowledge of the prosecutor, that thepe!'$bl¥t'!ttti~ 1~Mguilty of the crime for which
he was prosecuted (Raro v. Sandiganbaya,i,; G.R. No. 1084341 July 14, 2000).
:{,;

Q: Who may conduct preliminary investi9~tions? (FSO•COP!

ANS: The following mayt:onduct preliminarf investigations: ·
1. Provincial or city fiscal and theit:assistants;
2. National and regional §.tale pro~utors; pr . , ··.· .....
,. . ·
3. Such Q.ther officers as may be ~thorized tij_il§!JN~
Sec. 2): :'.·:
as (ROC, Rule 112,
,,·;·,:<tJ,t
1

a. ~OMELISC, with respect i, election offenses, concurrent with other

prosecuting arms of the g~t (R.A. No. 9369);
b. Qmbudsman·(R.A. No. 6;ti"Rif~i6e.known as 'The Ombudsman
Act'?; and
c. f_CGG, with respect to ill-gotten wealth cases of former President
Ferdinand E. Marcos, his immediate family, relatives, subordinates and
close associates, and cases of graft and corruption as the President may
assign to the Commission from lime to time (E.O. 1 and 14 series of
1986).

Q: What is the nature of the authority of the Ombudsman to conduct preliminary

investigations?
ANS: The power to investigate and to prosecute granted by law to the Ombudsman is
plenary and unqualified. It pertains to any act or omission of any public officer or employee
when such act or omission appears to be illegal, unjust, improper, or inefficient. The law
does not make a distinction between cases cognizable by the Sandiganbayan and those
cognizable by regular courts (Office of the Ombudsman v. Breva, G.R. No. 145938,
February 10, 2006).

Q: What is the duty of the investigating officer if he finds probable cause to hold
the respondent for trial? (APE-RIO)
ANS: If the investigating prosecutor finds cause to hold the respondent for trial, he shall
prepare the resolution and information where he shall certify under oath that:
■ BEDAN RED BOOK
Volume 2 · Series of 2022

1. He, or as shown by the record, an Authorized officer f.ersonally ~xamined

the complainant and his witnesses;
2. There is Reasonable ground to believe that a crime has been committed and
the accused is probably guilty thereof;
3. The accused was !nformed of the complaint and the evidence against him;
and
4. The accused was given an Qpportunity to submit controverting evidence
(ROC, Rule 112, Sec. 4).

Q: What shall the investigating prosecutor do if he finds no probable cause to hold

the respondent for trial?
ANS: The investigating prosecutor shall recommend the dismissal of the case (ROC,
Rule 112, Sec. 4).

Q: What happens after the investigating prosecutor makes a resolution, whether it

involves a finding of probable cause or no probable cause and before filing or
dismissing the case?
ANS: Within 5 days from his resolution, he shall forward the record of the case to the
provincial or city prosecutor or chief state.,prosecutor, or to the Ombudsman or his deputy
in cases of offense cognizable .by fhe Sancftganbayan in the exercise of its original
jurisdiction. They shall act O(I the r~olutfqnwitf\in 10day$from their receipt thereof and
shall immediately inform the parties ofsuch action.:: ·

Where the investigating;:>Josecutor"recommends tht1 di9mi,ss~t,of the complaint but his

recommendation is disapproved by the provincial· or tit/ ~rbgecutor or chief state
prosecutor, or the Ombud$man or his deputy on the grounp thafprobable cause exists,
the latter may, by himself, file the information against the responiJent or direct another
assistant prosecutor or state prosecutor to do so without co~qLJctj~ganother preliminary
investigation (ROG, Rule 112, Se_c.4). · · ·· '

Q: May the investigatin9; prosecutor cause the dismissal of the complaint, or the
filing of the information, on the basis of his 1"$Solutio9alone?
ANS: No complaint or infor(llation may.be filed or/dismissed by an investigating
prosecutor without the prior written..authority or. approval of the,provincial or city prosecutor
or chief state prosecutor or ,the Orpbudsroap, or his de,pu1yf#.OC, Rule 112, Sec. 4).

Q: What is the effect of an information fUedby an officer without prior written

authority on the validity of the information? .
ANS: Information filed before the courts without the prior written authority or approval of
the provincial or city prosecutor or chief state prosecutor, or the Ombudsman or his deputy
constitutes a jurisdictional infirmity which cannot be cured by silence, waiver,
acquiescence, or even by express consent. Hence, such ground may be raised at any
stage of the proceedings by motion to quash information (Quisay v. People, G.R. No.
216920, January 13, 2016; ROC, Rule 117, Sec. 3(d)).
(Please refer to page 802 for further discussion on Appeals from Resolutions of the Office
of the City Prosecutor)

Q: What shall the court do upon the filing of an information before it?
ANS: Within 10 days from the filing of the complaint or information, the judge shall
personally evaluate the resolution of the prosecutor and its supporting evidence.
Thereafter, the judge has the following options:
1. Immediately dismiss the case if the evidence on record clearly failed to
establish probable cause;
 BEDAN RED BOOK
Volume 2 · Series of 2022
■•
2. If he finds probable cause, issue a warrant of arrest or commitment order
when the complaint or information was filed pursuant to Sec. 6, Rule 112
(Inquest); or
3. In case of doubt as to the existence of probable cause, order the prosecutor
to present additional evidence within 5 days from notice, the issue to be
resolved by the court within 30 days from the filing of the information (Ong v.
Genio, G.R. No. 182336, December 23, 2009; ROC, Rule 112, Sec. 5).

Q: Upon filing of Information in court, may accused file a motion for judicial
determination of probable cause, praying that the case be dismissed immediately
on the ground that the evidence on record clearly failed to establish probable
cause?
ANS: No. A motion for judicial determination of probable cause is a prohibited motion
(Revised Guidelines for Continuous Trial of Criminal Cases, A. M. No. 15-06-10-SC, Ill (2)
(b) (i)).

Q: In the determination of probable cause for issuance of warrant of arrest, does

the judge need to personally interview the complainant and each of the witnesses?
ANS: Although the Constitution provides that probable cause shall be determined by the
judge after an examination under oath O(;an affirmation of the complainant and his
witnesses, the judge's personal examinationQf the complainant and his witnesses is not
mandatory and indispensable. It is e that the judge personally evaluates the
Prosecutor's report and supporting do · g thetctxistence of probable cause
for the indictment and, on the basis thereof, IJsti ~nt~arrest (Ocampo v. Abando,
G.R. No. 176830, February 11, 2014). W~at is requii-e'cristJhat the judge personally
evaluate the resolution of the prosecutor a~d its supporting ev.idence (ROG, Rule 112,
Sec. S(a)). ~; · ·
'
Q: Enumerate the instances when a warr$lt of arresttshaU not issue. (FAM)
ANS: A warrant of arrest_shall ~ot issue: {f: •,c;;,:::;•;;;(;;t? /
1. If the offense Is purushable by only; · 'li,i,Ltr U) ;i'
2. If the COfTlplaint or informatio
5
as filed 6fte,i1{mj''·accused was lawfully
arrested without warrant; and
3. If the complaint or information i the MTC and it involves an offense,
which does not require preli .. • ~tion, the judge may issue
summons instead of warrant o
arres 1 ·he· is satisfied that there is no
necessity for placing the accused under custody (ROG, Rule 112, Sec. S(c)
and Sec. 8).

Q: In what cases is preliminary investigation not required?

ANS: Preliminary investigation is not required in the following cases:
1. Cases in which the imposable penalty does not exceed 4 years, 2 months
and 1 day; and
2. Where the accused who has been lawfully arrested without a warrant has
undergone inquest proceeding (ROC, Rule 112, Sec. 6).

Q: What is an inquest?
ANS: Inquest is an informal and summary investigation conducted by a public prosecutor
in criminal cases involving persons lawfully arrested and detained without the benefit of a
warrant of arrest issued by the court for the purpose of determining whether or not said
persons should remain under custody and correspondingly be charged in court (DOJ
Circular No. 61, September 21, 1993).
Note: Inquest proceedings are proper only when the accused has been lawfully arrested
without a warrant (Lad/adv. Velasco, G.R. No. 172070-72, June 1, 2007).
■ BEDAN RED BOOK
Volume 2 · Series of 2022

Q: When must inquest proceedings be terminated? (12L-18C-36A)

ANS: Inquest proceedings must be terminated within the periods under Article 125 of
the RPG as follows:
1. Twelve (12) hours from detention for crimes punishable by bight penalties;
2. Eighteen (18) hours from detention for crimes punishable by g,orrectional
penalties; and
3. Thirty-six (36) hours from detention for crimes punishable by Afflictive or
capital punishment (REVISED PENAL CODE, Art. 125).

Q: If the inquest officer finds that the warrantless arrest was not valid, what should
he do?
ANS: Inquest officer shall:
1. Recommend the release of the person arrested or detained;
2. Note down the disposition on the referral document;
3. Prepare a brief memorandum indicating the reasons for the action taken; and
4. Forward the same, together with the record of the case, to the City or the
Provincial prosecutor for appropriate action (DOJ Circular No. 61, Sec. 8).

E. ARREST{RUlE 113}

Q: What is arrest? -- : ·- , . ·,
ANS: Arrest is the takipg of a pers6n
into custocl¥ .In·order
that he may be bound to
answer for the commissioh bf an'offense 1ROC, RuJe·t 13; Sec" 1).

Q: How is an arrest'made?
ANS: Arrest is made: .
1. By an actual restraint of a person to be arrested~ or
2. By the submission of the accused to the custody of the person making the
arrest (ROG, Rule t'13, Sec. 2). ·
.j

Q: When is an officer justified in using force to make an arre$t?

ANS: An officer, in the performance of .his duty, is justified in/using reasonable force
when it is necessary to secure and detain the offender, to overcome his resistance, to
prevent his escape, to recaptur~" bim if he escapes:··and to.-protect himself from bodily
harm (Cabanling v. Sandiganbayim, G.R.·No.14.8431, ~uJy28, 2005).
Note: No violence or unnecessary !()rce shall h!:l.,usedin making an arrest. The person
arrested shall not be subject to a greater restraint than is necessary for his detention
(ROC, Rule 113, Sec. 2).

Q: Enumerate the instances when an arrest without warrant is lawful. (IFD-HP-ER-

8-LWP)
ANS: A peace officer or a private person may, without warrant, lawfully arrest a
person:
1. When, in his presence, the person to be arrested has committed, is actually
committing, or is attempting to commit an offense (ln flagrante Qelicto);
2. When an offense has in fact just been committed, and he has probable cause
to believe based on his personal knowledge of facts and circumstances that
the person to be arrested has committed the crime (tf.ot f!.ursuit);
3. When the person to be arrested is a prisoner who has .!;_scapedfrom a penal
establishment or place where he is serving final judgment or temporarily
confined while his case is pending, or has escaped while being transferred
from one confinement to another (ROC, Rule 113, Sec. 5);
4. When a person who has been lawfully arrested escapes or is Rescued, at any
time and any place within the Philippines (ROC, Rule 113, Sec. 13);
 BEDAN RED BOOK
Volume 2 · Series of 2022
■~
5. When the ~ondsman arrests a prisoner out on bail for the purpose of bringing
him to court; and
6. Where the accused released on bail attempts to ,beave the country Without
the fermission of the court (ROG, Rule 114, Sec. 23).

Q: What are the requisites of a valid in flagrante delicto arrest?

ANS: In order for an in flagrante delicto arrest to be valid, the following requisites must
concur (Overt Act Test):
1. The person to be arrested must execute an overt act indicating that he has
just committed, is actually committing, or is attempting to commit a crime; and
2. Such overt act is done in the presence or within the view of the arresting
officer (Remegio v. People, G.R. No. 227038, July 31, 2017).

Q: When is an offense committed "in the presence or within the view" of the
arresting officer?
ANS: An offense is deemed committed in the presence or within the view of the person
making the arrest when he sees the offense, although at a distance, or hears the
disturbances created thereby and proceeds at once to the scene thereof; or the offense
is continuing, or has been consummated,_at the time the arrest is made (People v.
Evaristo, G.R. No. 93828, December 11, 1~2).

Q: What are the requisites of a valid hot · suit arrest?

ANS: The following are the requisites ofa · ,hotpursuitarrest:
1. Probable cause based on pers • 'f .. e probable cause must be
based on the personal evaluation by the arresting icer of the circumstances
at the scene of the crime; and
2. Immediacy - the determination of probable cause and the gathering of facts
or circumstances should be ma(f,e immediately after-the commission of the
crime (People v. Manago, G.R. No.212340, August 17, 2016).

Q: What are the effects of an invalid or ill~gal arrel<ltt (J,j!>~U:I)· :

ANS: The following are the Elffects of an inv,;lid or illegal arrest:·
1. Failure to acquire Jurisdiction over the ferson of the accused;
2. Criminal ,biability of law gnforcerl!tfQtillegal arrest; and
3. Any search incidental to the ~;l'ft1,,,~c~ip,i~ invalid thus rendering the
evidence acquired constitutionafly Jnadmiss1ble (Veridiano V. People, G.R.
No. 200370, June 7, 2017).

Q: How shall the different methods of arrest be effected?

ANS: The different methods of arrest shall be effected in the following manner:
1. By an officer with a warrant - The officer shall inform the person to be
arrested of the cause of the arrest and the fact that a warrant has been issued
for his arrest except when he flees or forcibly resists before the officer has
opportunity to so inform him, or when the giving of such information will imperil
the arrest. The officer need not have the warrant in his possession at the time
of the arrest, but after the arrest, if the person arrested requires, the warrant
shall be shown to him as soon as practicable (ROG, Rule 113, Sec. 7);
2. By an officer without a warrant - The officer shall inform the person to be
arrested of his authority and the cause of the arrest unless the latter is either:
a. Engaged in the commission of an offense;
b. Is pursued immediately after its commission; or
c. Escapes or flees, or forcibly resists before the officer has opportunity to
so inform him, or when the giving of such information will imperil the
arrest (ROG, Rule 113, Sec. 8);
■ BEDAN RED BOOK
Volume 2 • Series of 2022

3. By a private person - He shall inform the person to be arrested of the

intention to arrest him and the cause of the arrest unless the latter is either:
a. Engaged in the commission of an offense;
b. Is pursued immediately after its commission; or
c. Escapes, flees, or forcibly resists before the person has opportunity to
so inform him, or when the giving of such information will imperil the
arrest (ROC, Rule 113, Sec. 9).

Q: What are the duties of the officer executing the warrant? (AICD)
ANS: It shall be the duty of the officer executing the warrant:
1. To Arrest the accused (ROC, Rule 113, Sec. 3);
2. To !nform the accused of the reason for the arrest and to show the warrant of
arrest, if any (People v. Villaroman, G.R. No. 74189, May 26, 1993);
3. To inform the accused of his ~onstitutional rights to remain silent and to
counsel and that any statement he might make could be used against him
(People v. Vil/aroman, G.R. No. 74189, May 26, 1993); and
4. To Qeliver the accused to the nearest police station or jail without
unnecessary delay (ROC, Rule 113, Sec. 3).

Q: What is the period of enforceability of a warrant of arrest?

ANS: No period is provided .fOrthe enforceability of warrants of arrest. Although Section
4, Rule 113 provides thaJ within 10..days from the delivery of the warrant of arrest for
execution a return thereon must be made to the issuing judge, said warrant does not
become functus officio but is enforceable indefinitely. until· the same is enforced or
recalled. (Malaloan v, Court of Appeals, G.R. No. 104879, May 6, 1994)

Q: When may an arrest t:>eeffected?

ANS: An arrest may be made on any day and at any time of the day or night (ROC, Rule
113, Sec. 6) ···•

F. BAil (RULE 114)

Q: What is l:>ail?
ANS: Bail is the security given for the release of a personin custody of the law, furnished
by him or a bondsman, to guarantee.his appearance before any court as required under
the conditions set forth in the Rules (ROC, Rule 114, Sec. 1).

Q: A person is arrested without a warrant and is detained during inquest

proceedings. May he apply for bail?
ANS: Yes. Any person in custody who is not yet charged in court may apply for bail,
without any court in the province, city or municipality where he is held (ROC, Rule 114,
Sec. 17(c)).

Q: What are the different forms of bail? (CoPCaR)

ANS: Bail may be given in the form of:
1. Corporate surety (ROC, Rule 114, Sec. 1O);
2. froperty bond (ROC, Rule 114, Sec. 11);
3. Cash deposit (ROC, Rule 114, Sec. 14); or
4. Recognizance (ROC, Rule 114, Sec. 15).

Q: What are the conditions of bail?

ANS: All kinds of bail are subject to the following conditions:
1. The undertaking shall be effective upon approval, and unless cancelled, shall
remain in force at all stages of the case until promulgation of the judgment of
 BEDAN RED BOOK
Volume 2 · Series of 2022
■
the Regional Trial Court, irrespective of whether the case was originally filed
in or appealed to it;
2. The accused shall appear before the proper court whenever required by the
court or the Rules;
3. The failure of the accused to appear at the trial without justification 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; and
4. The bondsman shall surrender the accused to the court for execution of the
final judgment (ROG, Rule 114, Sec. 2).

Q: What is the nature of the right to bail?

ANS: The right to bail is a constitutional right. It flows from the presumption of innocence
in favor of every accused who should not be subjected to the loss of freedom as thereafter
he would be entitled to acquittal, unless his guilt be proved beyond reasonable doubt
(Government of the United States of America v. Purganan, G.R. No. 148571, September
24, 2002).
Note: Sec. 13, Art. II of the Constitution provides that all persons, except those charged
with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall,
before conviction, be bailable by sufficient fureties, or be released on recognizance as
may be provided by law. The right to b~jl sh~J!not be impaired even when the privilege of
the writ of habeas corpus is suspended. e~~sive bail shall not be required.

Q: May bail be granted in extradition prp

ANS: Yes, an extradition proceeding, whi/e;ps ensI trative, bears all earmarks
of a criminal process. The right of a pro,pective extradi, , to apply for bail in this
jurisdiction must be viewed in the light of the various treaty ,Oijligations of the Philippines
concerning respect for the promotion and prqfpction of humin Qgh!s. Under these treaties,
the presumption lies .in favor ofhuman liber\{. Thus, the Philippi~s should see to it that
the right to liberty of every individual is notJA')Paired (GrJverri(nentpf Hongkong Special
Administrative Region v. Olalfa, Jr., G..R. NQJ$53675;w.ii,,tl',r~~l)>
• y. ? ··. '.!!t?:z:..
t·t:-·\~,
-~- :>

Q: Where is bail filed? {/£

ANS: The following are the rules on where:'.~ail rr1aybe filed:

1. If in custody bllt oot yet char ; •.. '. - with any court in the province
or city where hecis held;
2. If there is already a case pending
a. In the court where the case is pending; or
b. In the absence or unavailability of the judge where the case is pending,
with any RTC or MTC judge in the province, city or municipality;
3. If there is a case pending and the accused is arrested in a province, city
or municipality, other than where the case is pending:
a. In the court where the case is pending; or
b. With any RTC in the province, city or municipality where he was arrested;
or
c. If no judge of the said RTC is available, with any MTC Judge therein.
4. Where the grant of bail is a matter of discretion or accused seeks to be
released on recognizance - application may only be filed in the court
where the case is pending, whether on preliminary investigation, trial or
appeal (ROG, Rufe 114, Sec. 17).

Q: When is bail a matter of right?

ANS: All persons in custody shall be admitted to bail as a matter of right, with sufficient
sureties, or released on recognizance:
1. Before or after conviction by the MTC;
■ SEDAN RED BOOK
Volume 2 • Series of 2022

2. Before conviction by the RTC of an offense not punishable by death,

reclusion perpetua, or life imprisonment (ROC, Sec. 4, Rule 114); or
3. Prior to conviction for an offense punishable by death, reclusion perpetua, or
life imprisonment when evidence of guilt is not strong (Enrile v.
Sandiganbayan, G.R. No. 213847, August 18, 2015).

Q: When is bail a matter of discretion?

ANS: Bail is a matter of discretion in the following cases:
1. Upon conviction by the RTC of an offense not punishable by death, reclusion
perpetua or life imprisonment, admission to bail is discretionary;
2. After conviction by the RTC wherein a penalty of imprisonment exceeding 6
but not more than 20 years is imposed, and not one of the circumstances
below is present and proved, bail is a matter of discretion (Bail-negating
circumstances): (RECFU)
a. .Becidivism, quasi-recidivism or habitual delinquency or commission of
crime aggravated by the circumstances of reiteration;
b. Previous 5.scape from legal confinement, evasion of sentence or
violation of the conditions of bail without valid justification;
c. ~ommission of an offel)"S_e while on probation, parole or under conditional
pardon; .. ; •. • .
d. Circumstance'9f .the a~used'or his ca~e indicates the probability of
flight if refeased on bait:'alld • .. __.•
e. .Y.ndue•'risk of,con1missiort ot an'otb~r <;rime by the accused during
pende~y of ..appeal. .. · .. : ·•.
3. Prior to convictibn Qf a capital offense, prio( to'a determination of whether
evidence of guflt is stmng or not (ROC, Rl(le 114, $ec, 5-7).

Q: The RTC convieteda;ti acc4sed with a penalty Qf impr~onm~nt of not exceeding

6 years, is bail a rva®r'.of right? _. _.. " .
ANS: No. Bail is still a'matterof(:liscretion since ttfe first sentence of Sec. 5, Rule 114
provides that upon cpnvictl9n bythe RTC of an offense not punishable by death, reclusion
perpetua or life imprisonment, admlssion to bai!As discreti,onary (ROC, Rule 114, Sec. 5).

Q: After conviction in the RTC,.the;pen~lty imPQ.rid is imprisonment exceeding 6

but not more than 20 y~a~s, if9nl!'·oftheJ1ail•ri8$Jatit19llrcumstances are present
under Sec. 5, Rule 114. Wilt bail btcom~ a mattQr of rfght?
ANS: No. If none of the circumstao9es menti9p.eo•in Sec. 5, Rule 114 is present, the
court still has the discretion to grant or deny bail (Leviste v. Court of Appeals, G.R. No.
189122, March 17, 2010).

Q: After conviction in the RTC, the penalty imposed is imprisonment exceeding 6

but not more than 20 years. One of the bail-negating circumstances is present
under Sec. 5, Rule 114. Is grant of bail discretionary?
ANS: No. The presence of any one of the circumstances under Sec. 5, Rule 114 will
negate the allowance of bail, The accused shall be denied bail, or his bail shall be
cancelled upon showing by the prosecution, with notice to the accused of any of the said
bail-negating circumstances (ROC, Rule 114, Sec. 5).

Q: An accused is charged with a capital offense, and the evidence of guilt is strong.
Is bail in such instance discretionary?
ANS: No. When the accused is charged with a capital offense, or an offense punishable
by reclusion perpetua or life imprisonment, and evidence of guilt is strong, bail shall
be denied, as it is neither a matter of right nor of discretion. If the evidence, however,
is not strong bail becomes a matter of right (Padilla v. Court of Appeals, G.R. No. 121917,
July 31, 1996).
 BEDAN RED BOOK
Volume 2 · Series of 2022
■•
Q: Accused is convicted of an offense and imposed the penalty of reclusion
perpetua. Is bail discretionary?
ANS: No. Bail is neither a matter of right nor discretionary as the conviction of the
accused shows that his guilt is proven beyond reasonable doubt and therefore, the
evidence of guilt is strong. Bail will not be granted to the accused during the pendency of
the appeal from the judgment of conviction (People v. Nitcha, G.R. No. 113517, January
19, 1995).

Q: What is the duty of the judge when faced with an application for bail involving
capital offenses?
ANS: The following are the duties:
1. In all cases, whether bail is a matter of right or discretion, the judge shall notify
the prosecutor of the hearing of the application for bail and require him to
submit his recommendation;
2. Where the bail is a matter of discretion, the judge shall conduct a hearing of
the application for bail, regardless of whether or not the prosecution refuses
to present evidence to show that the guilt of the accused is strong for the
purpose of enabling the court to exercise its sound discretion;
3. Decide whether the guilt of lhtf,accused is strong, based on the summary
evidence of the prosecution:
4. If the guilt of the accused is not ng, discharge the accused upon approval
of the bail bond. Otherwise, p n shall be denied (Cortes v. Catral, A.M.
No. RTJ-97-1387, September•: ,1W4,7). <;;.,
i❖· '>'.·~~:~!;t,?f
:;.:;/~,i =~, tU.A~,;!:~•,·:,
Q: How should the judge conduct the m-ndatory hearm~ in applications for bail
in offenses punishable by death, reclu$ifn perpetua, orJife imprisonment?
ANS: The court shall examine the witnes.,s on their direct le$Umonies or affidavits to
ascertain if the evidence of guilt of the accu~d is strong. Thejcourt's questions need not
follow any particular order and may shift frortl¾~rne
witness to a~othii,r. The court shall then
allow counsels from both sides to examf~ the ll'{i. ' ell. The court shall
afterwards hear the oral arguments of the ~iities on · ·e evidence of guilt
is strong. Within 48 hours after hearing; thi~urt shall isS' rder containing a brief
summary of the evidence adduced before it\followed by its conclusion of whether or not
the evidence of guilt is strong. Such conclu · I not be regarded as a pre-judgment
on the merits of the case that is to be deterru • aF,;ii!
full-blown trial (A. M. No. 12-
11-2-SC, Sec. 6). · ··'·.

Q: May the hearing on an application for bail be dispensed with if bail is a matter of
right?
ANS: No. A hearing on an application for bail is mandatory. Whether bail is a matter of
right or of discretion, the prosecutor should be given reasonable notice of hearing, or at
least his recommendation on the matter must be sought (Mabutas v. Pere/Jo, A.M. No.
RTC-03-1817, June 8, 2005).

Q: What are the guidelines in setting the amount of bail?

(FiNat-PeCAW-ProFor-FaPe)
ANS: The judge who issued the warrant or granted the application for bail shall fix a
reasonable amount of bail considering primarily, but not limited to, the following factors:
1. flnancial ability of the accused to give bail;
2. Nature and circumstances of the offense;
3. Penalty for the offense charged;
4. ~haracter and reputation of the accused;
5. Age and health of the accused;
6. Weight of evidence against the accused;
7. Probability of the accused appearing at the trial;
■ BEDAN RED BOOK
Volume 2 · Series of 2022

8. Forfeiture of other bail; • .

9. The Fact that the accused was a fugitive from justice when arrested; and
10. Pendency of other cases when the accused is on bail (ROG, Rule 114, Sec.
9).

Q: Is the order fixing amount of bail appealable?

ANS: No. The order fixing the amount of the bail shall not be subject to appeal (A.M. 12-
11-2-SC, Sec. 4).

Q: What is a corporate surety?

ANS: Any domestic or foreign corporation, licensed as a surety in accordance with law
and currently authorized to act as such, may provide bail by a bond subscribed jointly by
the accused and an officer of the corporation duly authorized by its board of directors.
(Reliance Surety & Insurance Co., Inc., v. Amante Jr., G.R. No. 150994, June 30, 2005;
ROG Rule 114, Sec. 10).

Q: What is a property bond?

ANS: It is an undertaking constituted as a lien on the real property given as security for
the amount of the bail (SC Administrative Circular No. 12-94, dated August 16, 1994.
Effective October 1, 1994; ROC, ..Rufe f /4, Se·c. 11).,.

Q: What are the qualificj:lfi0t1~ of s"ur~es·tn ~cipetty bOf!d? (ROT)?

ANS: The qualification-◊f,suretie'S 'in a property bah-cfsnarl be as follows:
1. Each musfbe ...aftesideni owner of real esfa~ -..yithih.. the Philippines;
2. Where there' is only Qne surety, his rear estatE1must be worth at least the
amoun(of the undertaking; .. . .. ', . .
3. If there;are Iwo or more sureties, each rnay ju~tify il1 an amount less than
that expressed in the undertaking but the aggregate of the justified sums must
be equivatentto the whole amount of baifdemanded.

In all cases/ ~very sute.ty must be w¢rth the kimount specified in his own
undertaking ove,r and above all.just.debts, obJigation$ and properties exempt
from exec4tion (ROG, Rule 114;·sec. 12). ·

Q: How is property bo~d ~osted1·

ANS: Within 10 days after·the approval of the :bor:id,· the accused shall cause the
annotation of the lien on the certificate of title onJjle-with the Registry of Deeds if the land
is registered, or if unregistered, in the Registration Book on the space provided therefor,
in the Registry of Deeds for the province or city where the land lies, and on the
corresponding tax declaration in the office of the provincial, city and municipal assessor
concerned (ROG, Rule 114, Sec. 11).

Q: How is cash deposit posted as bail?

ANS: The accused or any person acting in his behalf may deposit in cash with the
nearest collector or internal revenue or provincial, city, or municipal treasurer the amount
of bail fixed by the court, or recommended by the prosecutor who investigated or filed the
case

Upon submission of a proper certificate of deposit and written undertaking showing

compliance with the requirements of Section 2, Rule 114, the warden, or person having
custody of the accused. Shall release him without necessity of a further order from the
court (ROG, Rule 114, Section 14).
Q: Why is cash deposit bail treated differently from other bail bonds?
ANS: Cash bond may be posted either by the accused or by any person in his behalf.
However, as far as the state is concerned, the money deposited is regarded as the money
of the accused, which can be applied to the payment of fines and costs that may be
imposed by the court. The right of the government is in the nature of a lien on the money
deposited. The excess, if any, shall be returned to the accused or to whoever made the
deposit (ROC. Rule 114, Sec. 14; Esteban v. Alhambra, G.R. No. 135012, September 7,
2004).

Q: What is a recognizance?
ANS: Recognizance is a mode of securing the release of any person in custody or
detention for the commission of an offense who is unable to post bail due to abject poverty.
(R.A. No. 10389 otherwise known as the Recognizance Act of 2012, Sec. 3).

Q: When may a person be released from detention even without bail?

ANS: In the following cases:
1. When the law or the rules so provide; and
2. When a person has been in custody for a period equal to or more than the
possible; maximum imprisonme!JJprescribed for the offense charged, he shall
be released immediately,withoat prejudice to the continuation of the trial or
the proceedings on appeal. If , aximum penalty to which the accused may
be sentenced is destierto, he. I be released after 30 days of preventive
imprisonment (ROC, Rule 114; .,A!A,, ;Ji{+
. ·-\-·'tix:t,¢.:fL::\ntJf;'!;:t:i
Q: A person has been in custody for mor, than the minim~ period of the principal
penalty but less than maximum period Qfimprisonment,P,r♦scribed for the offense
charged, may he be immediately release(,l,even withoufbtil'l
ANS: No. A person in custody for a periol:~equal to or ifiort t~n the minimum of the
principal penalty prescribed for the offense ~arged, shaP be released on a reduced bail
or on his own recognizance, at the discretiort<>f the court ute 114, Sec. 16).
{':;.,.% -~ t ="< i/i;!)~
~-
Q: After an accused is adntltted to bail, ,tfm
may t~ if'of bail be increased
or decreased? hf
ANS: After the accused is admitted to b urt may, upon good cause, either
increase or reduce its amount. When the · _)§,increased, the accused may
be committed into custody if he does not.·give a n Yne
increased amount within a
reasonable period (ROC, Ri.Jle 114, Sec. 20).

Q: When may an accused previously released without bail be subsequently

required to give bail?
ANS: An accused released without bail upon filing of the complaint or Information may,
at any subsequent stage of the proceedings and whenever a strong showing of guilt
appears to the court, be required to give bail in the amount fixed, or in lieu thereof,
committed to custody (ROC, Rule 114, Sec. 20).

Q: When may the accused move for the amount of bail to be reduced?
ANS: If the accused does not have the financial ability to post the amount of bail that the
court initially fixed, he may move for its reduction, submitting for that purpose such
documents or affidavits as may warrant the reduction he seeks (A.M. 12-11-2-SC, Sec.
3).

Q: When may the bail be forfeited?

ANS: When the presence of the accused is required by the court or the Rules, and the
accused failed to appear in person as required despite the notice given to the bondsmen
to produce him before the court on a given date and time, his bail shall be declared
■ BEDAN RED BOOK
Volume 2 • Series of 2022

forfeited. The bondsmen shall be given 30 days within which to produce their principal
and to show cause why no judgment should be rendered against them for the amount of
their bail (R0C, Rule 114, Sec. 21).

Q: What should the bondsmen do within that 30-day period given to produce their
principal as provided under Sec. 21, Rule 114 and what is the effect of their failure
to do the same?
ANS: Within the said period, the bondsmen must:
1. Produce the body of their principal or give the reason for his non-production;
and
2. Explain why the accused did not appear before the court when first required
to do so (R0C, Rule 114, Sec. 21).

Failing in these 2 requisites, a judgment shall be rendered against the bondsmen, jointly
and severally, for the amount of the bail. The court shall not reduce or otherwise mitigate
the liability of the bondsmen, unless the accused has been surrendered or is acquitted
(ROG, Rule 114, Sec. 21).

Q: When may a bond be cancelled?

ANS: Upon application of the bondsmen, with duenotice to the prosecutor, the bail may
be cancelled upon surrender df thEt~ccuted or'1;ifoof of·ni~ death. The bail shall also be
deemed automatically cancelled upon acqalttat of. the accused, dismissal of the case, or
execution of the judgment of conviction. (ROC,Bule '114, Sec i2).
Note: In all instances/th~ ecin~ellation shall be without pfejudfoeto any liability on the bail
(R0C, Rule 114, Set. 22). .

Q: Does an application for bail bar the accused from questioning the validity of his
arrest or the validity, of' the warrant, or the mann,er of cbnducting the preliminary
investigation? .· .·· ·
ANS: No. An application for or' .admission to'. bail· shall;' not. bar the accused from
challenging the validity of his arrest or the legality.of the ""'.arrant.iSsued therefor, or from
assailing the regularity or questiOtling th~ apsence of a. ~relimiriary investigation of the
charge against him, provided that he r?ises them befc>r,eentering his plea. The court shall
resolve the matter as early as practicable but not Tatef thi,n the start of the trial of the case
(R0C, Rule 114, Sec. 26). · . • .... .. .
' ' ' ,

Q: How and when should the invitlldlty ..of.the arrest be raised?

ANS: It should be raised in a motion to quash information before the accused pleads to
the complaint or information, otherwise, it shall be deemed waived (ROG, Rule 117 Sec.
9).

Q: Is bail allowed after judgment becomes final?

ANS: Generally, no bail shall be allowed after the judgment has become final.

Q: May bail be allowed when an accused applies for probation?

ANS: Yes. If before finality of judgment, the accused has applied for probation, he may
be allowed temporary liberty under his bail. When no bail was filed, or the accused is
incapable of filing one, the court may allow his release on recognizance to the custody of
a responsible member of the community (ROG, Rule 114, Sec. 24).
Note: In no case shall bail be allowed after the accused has commenced to serve
sentence (ROG, Rule 114, Sec. 24).
Q AIIRAlSNMENT
ANDP/.EA(ltfJLElta)
Q: What is an arraignment?
ANS: It is the formal mode and manner of implementing the constitutional right of an
accused to be informed of the nature and cause of the accusation against him (Taglay v.
Daray, G.R. No. 164258, August 22, 2012).

Q: When shall arraignment and pre-trial be set?

ANS: Once the court has acquired jurisdiction over the person of the accused,
arraignment and pre-trial shall be set within 10 calendar days from date of the court's
receipt of the case for a detained accused, and within 30 calendar days from the date the
court acquires jurisdiction (either by arrest or voluntary surrender) over a non-detained
accused, unless a shorter period is provided by special law or SC circular (RGCC,
Subheading Ill, Item No. 8).

Q: What is the 4-fold mandatory duty of the court when the accused appears for
arraignment without a counsel? (IAOT)
ANS: The following are the duties of the cou.rtwhen the accused appears for arraignment
without a counsel: \':'
1. It must !nform the defendantthatit is his right to have an attorney before being
arraigned; _ <:.~,
2. After giving him such informailott'.;)he court must ask him if he desires the aid
of an Attorney· ' Y+~•::t. 1
< - ;:,

3. If he <ksires a~d is ynable to e~iloy~?li;•tM\rt must assign an attorney

de Officio to defend him; and { 1
.
4. If the accused desires to procure an attorney of fii$ Qwn, the court must grant
him a reasonable Iime therefor.~f>eople v. HofiJalto, (3.R. No. L-2809, March
22, 1950). .:.
:;:=;:..\
Q: How is arraig~ment made? {.;-;
ANS: An arraignment shall be made; ,e;
1. In an open court where the itmplaint has been filed or
assigned for trial; "
2. By the judge or clerk of court;
3. By furnishing ttie accused with ·· tl4'tnplaint or information;
4. Reading it in the language or dialect known to the accused;
5. Asking the accused whether he pleads guilty or not guilty (ROC, Rule 116,
Sec. 1). ·

Q: When may the court allow the accused to waive the reading of the information?
ANS: In multiple cases, the court, upon personal examination of the accused, may allow
a waiver of the reading of the information upon the full understanding and express consent
of the accused and his/her counsel, which consent shall be expressly stated in both the
minutes/certificate of arraignment and the order of arraignment. The court shall explain
the waiver to the accused in the language or dialect known to him/her, and ensure the
accused's full understanding of the consequences of the waiver before approving the
same (RGCC, Subheading Ill, Item No. 8).

Q: What are the grounds for suspending arraignment? (UPP)

ANS: The arraignment shall be suspended upon motion by the proper party in the
following cases:
1. The accused appears to be suffering from an .!,!_nsoundmental condition
which effectively renders him unable to fully understand the charge against
him and to plead intelligently thereto. In such case, the court shall order his
mental examination and, if necessary, his confinement for such purpose;
■ BEDAN RED BOOK
Volume 2 · Series of 2022

2. There exists a valid frejudicial question; and

3. A fetition for review of the resolution of the prosecutor is pending at either
the Department of Justice or the Office of the President; provided that the
period of suspension shall not exceed 60 days counted from the filing of the
petition with the reviewing office (ROC, Rule 116, Sec. 11).

Q: May there be a motion to suspend arraignment on grounds other than those

specified under Sec. 11, Rule 116?
ANS: No. A motion to suspend arraignment based on grounds not stated under Sec. 11,
Rule 116 is a prohibited motion (RGCC, Subheading /JI, Item No. 2(b)(vi)).

Q: What is a conditional arraignment?

ANS: It is an arraignment sanctioned in the Sandiganbayan. Where an accused seeks
to travel outside the Philippines prior to arraignment, the Sandiganbayan, in its
discretion, may conditionally arraign the accused under the following conditions:
1. That if the information is not subsequently amended or re-filed, the conditional
arraignment shall be considered a regular arraignment and the case may
proceed even in the absence of the accused;
2. That if the information be subsequently amended or re-filed, the accused shall
be deemed to have. waived the right agains,t double jeopardy and the accused
shall be arraigned under the a.mer)ded or new. information;
3. That the acc~sedwill n9tlose me right~nder ttie,rules to question in a motion
to quash the amend.ed or new jnformation filed s~sequent to the conditional
arraignment; /;Ind r · .
4. That in case the information be subsec/uent\y 'qua~hed or withdrawn, the
arraignment snail be considered of no force and ;eff~ct and/or shall not be
used as grouod
... ,. to invoke .:, . i y;
the right against. doublejeopj:lrd

at
The order issued the arraignment shall state that the above conditions were explained
to the accused in_unmistakal;l1e terms, and that the accusep clearly understood and
expressly accept~d ..the terms·. and conditions (Rev/sed Internal Rules of the
Sandiganbayan 20·1,a,Rule VIII, _Sec.?) · ·

Q: May there be arraignment ill absentia? . . .

ANS: No. The accused must be p)'esenLatJhe ai"rajgnment and must personally enter
his plea (ROC, Rule 116, Sec, 1(b)). ; · . <.

Q: When should a plea of not g~iitylieentered for the accused? (PR-CE)

ANS: The following are the instances where a plea of not guilty should be entered for
the accused:
1. When the accused fleads not guilty;
2. When the accused B.efuses to plead:
3. When the accused makes a ~onditional plea;
4. When the accused pleads guilty but presents gxculpatory evidence, his plea
shall be deemed withdrawn and a plea of not guilty shall be entered for him
(ROG, Rule 116, Sec. 1)

Q: What is a conditional plea of guilty?

ANS: It is a plea entered by the accused subject to the proviso that a certain penalty be
imposed upon him. It is equivalent to a plea of not guilty and would require a full-blown
trial before judgment may be rendered (People v. Madraga, G.R. No. 129299, November
15, 2000).
Q: What is plea bargaining?
ANS: A process whereby the accused and the prosecution work out a mutually
satisfactory disposition of the case subject to court approval (Estipona Jr. v. Lobrigo, G.R.
No. 226679, August 15, 2017).

Q: When may the accused enter a plea of guilty to a lesser offense?

ANS: At the arraignment, the accused, with the consent of the offended party and the
prosecutor, may be allowed by the trial court to plead guilty to a lesser offense which is
necessarily included in the offense charged. After arraignment but before trial, the
accused may still be allowed to plead guilty to said lesser offense after withdrawing his
plea of not guilty. In such case, no amendment of the complaint of information is
necessary (ROC, Rule 116, Sec. 2).

Q: May there be a plea of guilty to a lesser offense even without the consent of the
offended party?
ANS: Yes, by exception, there may be a plea of guilty to a lesser offense which is
necessarily included in the offense charged if the offended party fails to appear at the
arraignment despite due notice, provided that there is conformity or consent of the trial
prosecutor (ROC, Rule 116, Sec. 1(f)).

Q: Is plea of guilty to a lesser offense nec,ssarily included in the offense charged,

a matter of right? ' ·
ANS: No. Sec. 2, Rule 116 states that the:;l~~!iied may be IIowed by the trial court to
9
plea of guilty to a lesser offense necessarilyJnclutled in the;offense charged. The use of
the word "may" means that it is discretionary upon the triafC6uit whether to allow accused
to make such plea. (People v. Besonia, G.F~;Nos. 151284-85, February 5, 2004)

Q: When may plea bargaining for violatlc)ns of Comprehensive Dangerous Drugs

Act, as amended, be allowed? ·
ANS: Plea bargaining for violations of Cbmprehensive Dangerqus Drugs Act, as
amended, be allowed in the following'.

Offense Charged in Information Acceptable Plea Bargain

Section 4. Importation of Dangerous Dru~ No Plea Bargain Allowed
,',,\,,..
Penalty: Life Imprisonment to Death & Fine from "Php
500k to Php 1OM
Section 4, par. 2. Importation of Controlled No Plea Bargain Allowed
Precursors & Essential Chemicals

Penalty: 12 yrs. & 1 day to 20 yrs. and Fine from Php

1OOkto Php 500k
Section 4, par. 3. Importation thru use of diplomatic No Plea Bargain Allowed
passport, etc.

Penalty: Maximum penalty

Section 4, par. 4. Acting as Financier in Importation No Plea Bargain Allowed
Penalty: Maximum penalty
Section 4, par. 5. Acting as "Protector/Coddler" No Plea Bargain Allowed
Penalty: 12 yrs. &1 day to 20 yrs. and Fine from Php
1OOkto Php 500k
■
BEDAN RED BOOK
• Series of 2022
Volume 2

Offense Charged in Information Acceptable Plea Bargain

Section 5. Sale, Trading, etc., of Dangerous Drugs Section 11, par. 3.

Possession of Dangerous
Penalty: Life Imprisonment to Death & Fine from Php Drugs (Plea bargaining is
500k to Php 1OM allowed only if the drugs
involved are "shabu" and/or
marijuana and the quantity of
"shabu" is less than 5 grams
and the quantity of marijuana
is less than 300 grams)

Penalty: 12 yrs. & 1 day to 20

yrs. an9 Fine from Php 300k
to Php 400k
Section 5, par. 2. Safe, Trading, etc., of Controlled No Plea Bargain Allowed
Precursor & Essential Chemicals

Penalty: 12 yrs. & 1 day to 20 yrs. and Fine from Php

1OOkto Php 500k ..

Section 5, par. 3. Sale, trading,. etc.:, takes,pl;tc~ ·.No Plea Bargain Allowed
within 100 meters from a school ❖,

.•
~

Penalty: Maximum pen 9 Ity,

Section 5, par. 4. Drug pushers who use minors as No Ple2! Bargain Allowed
couriers, etc.
I
Penalty: Maximum penalty « « -~

Section 5, par. 5, When the vict!m is a .minor causir1g. Nd Plea pargain Allowed
the latter's death

Penalty: Maximum'penalfy ..
•'
•' No Pfea Bargain Allowed
Section 5, par. 6. Actjng as Financier '

Penalty: Maximum penalty .""

'.
Section 5, par. 7. Acting as "Protector/Coddler" No Plea Bargain Allowed

Penalty: 12 years & 1 day to 20 years & Fine from

Php 1OOkto Php 500k
Section 6, par. 1. Maintenance of Den, Dive or Resort No Plea Bargain Allowed
where dangerous drugs are used or sold in any form

Penalty: Life Imprisonment to Death & Fine from Php

500k to Php 1OM
Section 6, par. 2. Maintenance of Den, Dive or Resort No Plea Bargain Allowed
where Controlled Precursors and Essential
Chemicals are used or sold

Penalty: 12 yrs. &1 day to 20 yrs. and Fine from Php

1OOkto Php 500k
 Offense Charged in Information Acceptable Plea Bargain
Section 6, par. 3. Where dangerous drug is sold or No Plea Bargain Allowed
delivered to a minor and is allowed to use it in such
place

Penalty: Maximum Penalty

Section 6, par. 4. When the use of dangerous drugs No Plea Bargain Allowed
in such place causes the death of a person

Penalty: Death & Fine from Php 1M to Php IOM

imposed on owner, maintainer and/or operator
Section 6, par. 6. Acting as Organizer, Manager or No Plea Bargain Allowed
Financier of such place

Penalty: Maximum Penalty

Section 6, par. 7. Acting as "Protector/Coddler" No Plea Bargain Allowed
Penalty: 12 yrs. & 1 day to 20 yrs. and Fin~ from Php
1OOkto Php 500k ..
Section 7. Employees or Visitors of Section 12. Possession of
Resort (Only if the accused is charged Equipment, Apparatus &
the drug den) \~f;r,v"!··,
· ~ne,r Paraphernalia for
tOat1gerous Drugs
Penalty: 12 yrs. & 1 day to 20 yrs. and Fin~ from Php
1OOkto Php 500k Ptnalty: 6 months & 1 day to
4 years and a Fine Ranging
from Php 1Ok to Php 50k

OR
~dJ1ji:~se1
of Dangerous
Drugs

Penalty:
6tnonths Rehab (1st offense);
6 years & 1 day to 12 years
and a Fine Ranging from Php
50k to Php 200k (for 2nd
offense)
Section 8, par. 1. Manufacture of Dangerous Drugs No Plea Bargain Allowed
Penalty: Life Imprisonment to Death & Fine from Php
500k to Php IOM
Section 8, par. 2. Manufacture of Controlled No Plea Bargain Allowed
Precursors and Essential Chemicals

Penalty: 12 yrs. & 1 day to 20 yrs. and Fine from Php

1OOkto Php 500k
Section 8, par. 4. Acting as Financier No Plea Bargain Allowed
Penalty: Maximum Penalty
■
BEDAN RED BOOK
Volume 2 · Series of 2022

Offense Charged in Information Acceptable Plea Bargain

Section 8, par. 5. Acting as "'Protector/Coddler" No Plea Bargain Allowed

Penalty: 12 yrs. & 1 day to 20 yrs. and Fine from Php

100k to Php 500k
Section 9. Illegal Chemical Diversion of Controlled No Plea Bargain Allowed
Precursors and Essential Chemicals

Penalty: 12 yrs. & 1 day to 20 yrs. and Fine from Php

100k to Php 500k
Section 10, par. 1. Manufacture or Delivery of No Plea Bargain Allowed
Equipment, Instruments, Apparatus and Other
Paraphernalia for Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals (used to plant,
propagate, cultivate, grow, harvest, etc., any
dangerous drug, controlled precursor & essential
chemical

Penalty: 12 yrs. & 1 day to 20 yrs. and Fine fr.6m-P~p

100k to Php 500k ....
Section 10, par. 2. If paraphernt;ioo manufacture~ at ,~hPlea Bargain Allowed
delivered will be used to irttr9duce a dangerous drug_
in the human body · ..

Penalty: 6 months & 1 d<1yto 4 years and fine ranging

from Php 1Ok to Php 60k '
Section 10, par. 3. If a:minor Is used to deliver such No Plea Bargain Allowed
equipment, instrument, paraphernalia, etc. ·

Penalty: Maximum. Penc!IJy

Section 11. Possession of Dangerous Qrugs (Wll.ere , 'No Plea Bargain Allowed
quantity of shabu is 50 grams or more; opiun:k
morphine, heroin, cocaine and·ma~ijuana resin is 10
·
grams or more; marijuana 4:,'500 grarris or ri1c:ire.)
..•
Penalty: Life Imprisonment to Death& FjnefromPhp
500k to Php I0M
Section 11, par. 1. Possession of Dangerous Drugs No Plea Bargain Allowed
(Where quantity of shabu is 10 grams or more but less
than 50 grams)

Penalty: Life Imprisonment & Fine from Php

400ktoPhp 500k
Section 11, par. 2. Possession of Dangerous Drugs No Plea Bargain Allowed
(Where quantity of shabu, opium, morphine, heroin,
cocaine, et al is 5 grams or more but less than 10
grams; 300 grams or more but less than 500 grams of
marijuana)

Penalty: 20 yrs. and 1 day to Life Imprisonment &

Fine from Php 400k to Php 500k
 Offense Charged in Information Acceptable Plea Bargain
Section 11, par. 3. Possession of Dangerous Drugs Section 12. Possession of
(Where quantity of "shabu", opium, morphine, heroin, Equipment, Apparatus &
cocaine, et a! is less than 5 grams; marijuana is less Other Paraphernalia for
than 300 grams) Dangerous Drugs
Penalty: 12 yrs. & 1 day to 20 yrs. and Fine from Php Penalty: 6 months & 1 day to
300k to Php 400k 4 years and a Fine Ranging
from Php 1Ok to Php 50k
Section 12. Possession of Equipment, Apparatus & Section 15. Use of
Other Paraphernalia for Dangerous Drugs Dangerous Drugs (An
alternative is to allow the
Penalty: 6 months & 1 day to 4 years and a Fine accused to change his plea to
Ranging from Php 10k to Php 50k "guilty" and avail of the
mitigating circumstance of
voluntary plea of guilt)

Penalty:
6 months Rehab (1st
offense);
6 months & 1 day to 4 years
at11:taFine Ranging from Php
xtiffl(:'
to Php 200k (for 2 nd
offense)
Section 13. Possessionof Dangerous.D111gsDuring Sc!cHon 11, par. 3.
Parties, Social, Gatherings. or Meetil)s (Plea (i'os,se$sion of Dangerous
bargaining is allowedJrom Section 13 of ~ublic Act Drugs {Plea bargaining is
No. 9165 to Segtion 11, paragraph 3 o{' 1t\le same allo~ed ythere the quantity of
statute where the quanti~ of danger'$s drugs,1. •:~~qu'.s' ;;,
ppium, morphine,
Involved is less than 5 gram$ (in cases ~tshabu",,,:. '0~n,\/J;6Caine, et al is less
opium, cocaine, etc.) and less than 30@Jgrams of than 5 grams and marijuana
marijuana. If the quantity of dangerous dru95 Involved is less than 300 grams. If the
exceeds the above amounts, plea b quantity of dangerous drugs
prohibited.) tlnvolved exceeds the above
quantities, no plea bargaining
Penalty: Maximum Penaltie.s provided under Section
Is allowed.)
11 regardless of quantity or \::illtfty
Penalty: 12 yrs. & 1 day to 20
yrs. and Fine from Php 300k
to Php 400k
Section 14. Possession of Equipment, Apparatus & Section 15. Use of
Other Paraphernalia for Dangerous Drugs During Dangerous Drugs
Parties, Social Gatherings or Meetings
Penalty:
Penalty: Maximum Penalty provided under Section
6 mos. Rehab for 1st offense;
12
6 yrs. & 1 day to 12 yrs. & fine
from Php 50k to Php 200k for
2 nd offense
Section 15. Use of Dangerous Drugs No Plea Bargain Allowed
Penalty: 6 mos. Rehab for 1st offense; 6 yrs. & 1 day
to 12 yrs. & fine from Php 50k to Php 200k for 2 nd
offense
■
RED BOOK
BEDANSeries
Volume 2 · of 2022

Offense Charged in Information Acceptable Plea Bargain

Section 16, par. 1. Cultivation or Culture of Plants No Plea Bargain Allowed

Classified as Dangerous Drugs or are Sources
thereof

Penalty: Life Imprisonment to Death and Fine from

Php 500k to Php I0M
Section 16, par. 3. Acting as Financier No Plea Bargain Allowed

Penalty: Maximum Penalty

Section 16, par. 4. Acting as "Protector/Coddler" No Plea Bargain Allowed

Penalty: 12 yrs. & 1 day to 20 yrs. and Fine from Php

100k to Php 500k
Section 17. Maintenance and Keeping of Original No Plea Bargain Allowed
Records of Transactions on Dangerous Drugs and/or
Controlled Precursors & Essential Chemicals

Penalty: 1 yr. and 1 day to 6 yrs,, and Fi~e

fromRhp
1Ok to Php 50k .
Section 18. Unnecessary Presqiption of Danger9us Nhplea Bargain Allowed
Drugs

Penalty: 12 yrs. and 1 dayto 20 yrs. & fine from Ptip

100k to Php 500k with revocation of license qf
practitioner l

Section 19. Unlawful Prescription of Dangerous No Plea Bargain Allowed

Drugs

Penalty: Life Imprisonment to Death & Fine from Php

500k to Php I0M }}

..· No Plea Bargain Allowed

Section 26. Attempt orConspiracy
.. !i-·-
Penalty: Penalty Provide<j M PreviousSectio,n;
0
for.
Importation, Sale, Maintenance of Den, Manufactu re
, ,,
& Cultivation of Dangerous Drugs • ·
~

Section 27. Criminal Liability of Public Officer or No Plea Bargain Allowed

Employee for Misappropriation, Misapplication or
Failure to Account for Confiscated Dangerous Drugs,
etc.

Penalty: Life Imprisonment to Death and Fine from

Php 500k to Php I0M
Section 29. Planting of Evidence No Plea Bargain Allowed

Penalty: Death
Section 32. Liability of Person Violating any No Plea Bargain Allowed
Regulation Issued by the Dangerous Drugs

Penalty: Board 6 mos. & 1 day to 4 yrs. and fine, from

Php 1Ok to Php 50k
 Offense Charged in Information Acceptable Plea Bargain
Section 37. Issuance of False or Fraudulent Drug No Plea Bargain Allowed
Test Results

Penalty: 6 yrs. and 1 day to 12 yrs. & fine from Php

1OOk to Php 500k
Section 72. Liability of Person who violates the No Plea Bargain Allowed
Confidentiality of Records {of drug dependent under
voluntary submission program)

Penalty: 6 mos. and 1 day to 6 yrs. and fine from Php

1k to Php 6k
Section 91, par. 1. Responsibility & Liability of Law Section 91, par. 2. Liability of
Enforcement Agencies and other Government Immediate Superior if he
Officials and Employees in Testifying as Prosecution failed to exert reasonable
Witnesses in Dangerous Drugs Cases effort to present witness to
court
Penalty: 12 yrs. and 1 day to 20 yrs. andsfine of not
less than Php 500k ' Penalty: 2 mos. and 1 day
:i: .. but not more than 6 yrs. and
t'tf fine of not less that Php 1Ok
::-,"::~,.• ...• b~;[lOt more than Php 50k
Section 91, par. 2. Liability of 1mmediate'SUpM10Fif'J:u;yNt>'e1ea Bargain Allowed
he failed to exert reasonable.effort to pres~nt witness ""
t court

Penalty: 2 mos. and 1 day but not more ttan 6 yrs.

and fine of not less that Php 10k but nofitiore than
Php 50k ..
Section 91, par. 3. Failure of Immediate ~perior to''
Inform Court of Transfer or Re-Assignment of
Accused Law Enforcement Agent

Penalty: 2 mos. and 1 day but not more . ~ij.;:

and fine of not less that Php 1Okbut not more than
Php 50k
Section 92. Delay and Bungling in the Prosecution of No Plea Bargain Allowed
Drug Cases

Penalty: 12 yrs. and 1 day to 20 yrs. without prejudice

to further prosecution under the RPC
(Guidelines on Plea Bargaining For R.A. No. 9165, DOJ Department Circular No.
027
dated June 26, 2018, as amended).

Q: What is the consequence of a plea of to a non-capital offense?

ANS: If the accused pleads guilty to the crime charged in the information which
is a non-
capital offense, the court shall immediately render judgment (RGCC, Subheading
Ill, Item
No. 8).

Q: May the court immediately render judgment after plea of guilty to

a capital
offense?
ANS: No. When the accused pleads guilty to a capital offense, the court shall:
1. Conduct a searching inquiry into the voluntariness and full comprehension of
the consequences of the plea;
■ BEDAN RED BOOK
Volume 2 · Series of 2022

2. Require the prosecution to present evidence to prove the guilt and the precise
degree of culpability of the accused; and
3. Ask the accused if he desires to present evidence in his behalf and allow him
to do so if he desires (ROC, Rule 116, Sec. 3).

Q: What is an improvident plea?

ANS: A plea of guilty to a capital offense without the benefit of a searching inquiry or an
ineffectual inquiry, as required by Sec. 3, Rule 116 results to an improvident plea of guilty.
There is an improvident plea when there is failure of the court to inquire into whether the
accused knows the crime with which he is charged and to fully explain to him the elements
of the crime. It constitutes a violation of the accused's fundamental right to be informed of
the precise nature of the accusation against him and a denial of his right to due process
(People v. Paga/, G.R. No. 241257, September 29, 2020).

Q: When may an improvident plea be withdrawn?

ANS: At any time before the judgment of conviction becomes final, the court may permit
an improvident plea of guilty to be withdrawn and be substituted by a plea of not guilty
(ROC, Rule 116, Sec. 5).

Q: What is a motion for bill of particulars?

ANS: It may be filed by an accused, before arraignment, to enable him to properly plead
and prepare for trial. The motion shalt specify the alleged ..defects of the complaint or
information and the details deslred (ROG, Rule 116, Sec, 9).

Q: The facts alleged In the information do not constitute a~ offense. Should the
accused file a motion for bill of particulars? ·
ANS: No. The purpose of a bill of particulars is to supply vague,facts or allegations in
the complaint or information to enable the accused to properly plead and prepare for trial.
It presupposes a valid Information, one that presents all Jhe elements of the crime
charged, albeit under vague terms. If the facts charged in thelnfomjation do not constitute
an offense, the remedy is a motion to quash information, (Enrife v. People, G.R. No.
213455, August 11, 2015)

H. MOTION TOQUASH{RULE117)

Q: What is a motion to quash complaint or information?

ANS: It is the mode by which an accused assails fhe validity of a criminal complaint or
information filed against him for insufficiency on its face in point of law, or for defects which
are apparent in the face of the information (People v. Odtuhan, G.R. No. 191566, July 17,
2013).

Q: May courts consider facts or evidence contrary to those alleged in the

information or which do not appear on the face of the information in ruling on a
motion to quash?
ANS: As a rule, no courts, in resolving a motion to quash, can consider facts contrary to
those alleged in the information or which do not appear on the face of the information.
This is because a motion to quash is a hypothetical admission of the facts alleged in the
information.

The rule admits the following exceptions:

1. Where the Rules expressly permit, such as extinction of criminal liability,
prescription, and former jeopardy; and
2. Where the ground is that the facts charged do not constitute an offense, and
there are new allegations admitted by the prosecution. (Milo v. Salanga, G.R.
 BEDAN RED BOOK •.
Volume 2 · Series of 2022

No. L-37007, July 20, 1987; Antone v. Beronilla, G.R. No. 183824, December
8, 2010).

Q: What is the test in determining the sufficiency of the averments in the

information?
ANS: The fundamental test in determining the sufficiency of the material averments in
the information is whether or not the facts alleged therein, which are hypothetically
admitted, would establish the essential elements of the crime defined by law (People v.
Odtuhan, G.R. No. 191566, July 17, 2013).

Q: When may the accused move to quash the complaint or information?

ANS: At any time before entering his plea, the accused may move to quash the
complaint or information (ROG, Rule 117, Sec. 1).

Q: What is the effect of failure to move to quash before the accused enters his plea?
ANS: As a rule, the failure of the accused to assert any ground of a motion to quash
before he pleads to a complaint or information, either because he did not file a motion to
quash or failed to allege the same in said motion, shall be deemed a waiver of any
objections, except those based on the foll0\f¥irlg grounds
1. The facts charged do not constitute an offense;
2. The court trying the case.has nq]1;1risdictionover the offense charged;
Note: This includes lack of auti&iity of the officer who filed the information
since this is a jurisdictional infirtl)ily:w,: nnot~ cured by silence, waiver,
acquiescence, or even by expft:)ss·con tJkFfti~ce, such ground may be
raised at any stage of the proceet:lings by motion toquash information (Quisay
v. People, G.R. No. 216920, Jaquary 13, 2016;ROC, Rule 117, Sec. 3(d)).
3. The criminal action or liability ha~ been extinguist"!ed;-~md
4. The accused has been previqusly convicted o. acquitted of the offense
charged, or the case against blniwas dis.miss _ ()r 1?ttierwise terminated
without his express consent (R®, Rule 11.~: w;::..
Q: What are the grounds that the accutfd may invoke to quash a complaint or
information? (Not-JJ-AFME-AP} -___ > ::;;,
ANS: The following are the grounds that ~~\}llay invoke to quash a complaint
or information: · ·-· · · · · · · · .. · ·
1. That the facts charged do Not constitute an offense;
2. That the court trying the case has no Jurisdiction over the offense charged;
3. That the court trying the case has no ::!,urisdiction over the person of the
accused;
4. That the officer who filed the information had no Authority to do so;
5. That it does not conform substantially to the prescribed form;
6. That .Morethan one offense is charged except when a single punishment for
various offenses is prescribed by law;
7. That the criminal action or liability has been £Xtinguished;
8. That it contains Averments which, if true, would constitute a legal excuse or
justification; and
9. That the accused has been freviously convicted or acquitted of the offense
charged, or the case against him was dismissed or otherwise terminated
without his express consent (ROG, Rule 117, Sec. 3).
Note: A motion to quash information when the ground is not one of those stated in the
Rules is a prohibited motion and shall be denied outright before the scheduled
arraignment without need of comment and/or opposition (A.M. No. 15-06-10-SG,
Subheading Ill, Item No. 2).
■ BEDAN RED BOOK
Volume 2 · Series of 2022

Q: On what ground may the court motu proprio quash an information?

ANS: The court may consider motu proprio the ground of lack of jurisdiction over the
offense at any stage of the proceedings or on appeal (Tanchanco v. Sandiganbayan, G.R.
Nos. 141675-96, November 25, 2005, citing ROG, Rule 117, Sec. 9).

Q: Distinguish motion to quash from demurrer to evidence?

ANS: The following are the distinctions between motion to quash and demurrer to
evidence:

Motion to Quash Demurrer to Evidence

As to the Generally filed before the Filed after the prosecution has rested
Time of accused enters his plea (ROG, its case (ROG, Rule 119, Sec. 23).
Filing Rule 117, Sec. 1).

As to the Does not go into the merits of Based upon the inadequacy of the
Merits of the case but is anchored on evidence adduced by the prosecution
the Case matters not directly related to in support of the accusation (ROG,
the question of guilt or Rule 119, Sec. 23).
innocence of ,the accused
(People v. Odt1.1hah,G.R, No.
191566, July 17, 2p,13r· ...

As to the Filing a: motion to quash does A qerhmr~r tQ evidence under Rule

Necessity not require prior leave of court. 119 may,be fjled by the accused either
of Leave of with or without leave court (ROG, Rule
Court 119, Sec. ?3).

As to the An order ,su$tcJ.iningthe motion The grant'.of a qemurrer to evidence

Effect if is generally not .a b{ir to another amounts tban"acquittal and cannot be
Granted prosl;lcution (ROC, Rule 117, appeale(! becapse it would place the
Secs. 5 and 6). accus~d in double jeopardy (People v.
Go, G.R. No. 168539, March 25,
20/J4).

As to the The usual course. to take isfor
Effect if the accused to prdceed with
Denied trial, and in case of conviction, to
appeal therefrom and assign as
error the denial of the motion to
quash (Lalican v. Vergara, G.R.
No. 108619, July 31, 1997).
An accused who files a demurrer to
·evidence with leave of court does not
lose the right to present evidence in
the event his motion is denied. On the
other hand, if he files the demurrer
without leave of court and the same is
denied, he loses the right to present
evidence, in which event the case will
be deemed submitted for decision (De
Carlos v. CA, G.R. No. 103065,
August 16, 1999).

Q: Instead of quashing the information, may the court instead order its
amendment?
ANS: Yes, if the motion is based on an alleged defect of the complaint or information
which can be cured by amendment, the court shall order that an amendment be made.
The prosecution shall be given by the court an opportunity to correct the defect by
amendment (ROG, Rule 117, Sec. 5).
 BEDAN RED BOOK
Volume 2 · Series of 2022 ■·
Note: The motion to quash shall be granted if the prosecution fails to make the
amendment, or the complaint or information still suffers from the same defect despite the
amendment (ROG, Rule 117, Sec. 5).

Q: What may the court do if it sustains a motion to quash?

ANS: If the motion to quash is sustained, the court may order that another complaint or
information be filed, unless the ground for granting the motion is extinction of criminal
action or liability, or double jeopardy.

If the order is made, the accused, if in custody, shall not be discharged unless admitted
to bail. If no order is made or if having been made, no new information is filed within the
time specified in the order or within such further time as the court may allow for good
cause, the accused, if in custody, shall be discharged unless he is also in custody for
another charge (ROG, Rule 117, Sec. 5 and 6).

Q: What are the instances where, after a motion to quash is sustained, the court
may not order the filing of another information?
ANS: The following are the instances where a grant of a motion to quash will bar another
prosecution: ;c,
1. The motion was based on th~' ground that the criminal action has been
extinguished; and ,n
2. That the accused has been pr~ilously convicted or acquitted of the offense
charged, or the case against ~.w~s dismis or otherwise terminated
without his express consent (RfD}FlUfii;:t;J~t 6).

Q: What is double jeopardy and its effect?

ANS: When an accused ,hasbeen convib!ed or acquitted; cir the case against him
dismissed or otherwise terminated without ~l~ express cqlisent by a court of competent
jurisdiction, upon a valid complaint or informi\tion or other formal cf\arge sufficient in form
and substance to $ustain a 'conviction and ~r the 9q, qpJe<'!dedto the charge,
the conviction or acquittal of the accused d~Jhe dis·· p;rse shall be a bar to
00
another prosecution for the offense chargetftor for any a tto commit the same or
frustration thereof, or for anyoffense which nicessarily includes or is necessarily included
in the offense charged in the former complatmt . rmation (ROG, Rule 117, Sec. 7).

Q: What are the requisites of double je·oJ:; y. ~:&~!ACoD-SAFI)

ANS: The following are the requisites of double jeopardy:
1. A valid !ndictment;
2. Before a court of ~ompetent jurisdiction;
3. Arraignment of the accused;
4. A valid flea entered by him;
5. The Acquittal or Conviction of the accused, or the Qismissal or termination of
the case against him without his express consent; and
6. The second offense charged is the .§.ameas the first charge, or of an Attempt
to commit the same or a frustration thereof or that the second offense
necessarily !ncludes or is necessarily included in the first offense charged
(Braza v. Sandiganbayan, G.R. No. 195032, February 20, 2013).

Q: Is the rule absolute that the conviction of an accused will bar to another
prosecution for an offense which necessarily includes the offense charged in the
former complaint or information?
ANS: No. The conviction of an accused shall not bar to another prosecution for an
offense which necessarily includes the offense charged in the former complaint or
information under any of the following instances:
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Volume 2 · Series of 2022

1. The graver offense developed due to supervening facts arising from the same
act or omission constituting the former charge;
2. The facts constituting the graver charge became known or were discovered
only after a plea was entered in the former complaint or information; or
3. The plea of guilty was made without the consent of the prosecutor and
offended party, except when the offended party failed to appear at the
arraignment despite due notice, the court may allow the accused to enter a
plea of guilty to a lesser offense which is necessarily included in the offense
charged with the conformity of the trial prosecutor alone (ROG, Rule 117, Sec.
7; Rule 116, Sec. 1(f))

Q: What is the effect when the conviction would not bar another prosecution for an
offense which necessarily includes the offense charged in the former complaint or
information under the exceptions mentioned in Sec. 7, Rule 117?
ANS: In any of the exceptions mentioned in Sec. 7, Rule 117, where the accused
satisfies or serves in whole or in part the judgment, he shall be credited with the same in
the event of conviction for the graver offense (ROG, Rule 117, Sec. 7).

Q: What are the exceptions to the nIle t':1.i~a dismissal with the express consent of
the accused will not bar another- prosecution'? ·
ANS: The following are the e?(cepJions to ttie_ rule that a dismissal with the express
consent of the accused wilf not bar another prose.cution: · ..
a
1. Dismissal is based Ot'l demurrer to evtdence file<;!by the accused after the
1ts
0

prosecutiQfi.has-r;ested case (RuralBank of lytebitac v. Ganicon, G.R. No.

196015, June 27, 2018);
2. Dismissal due to the denial of the. accusecf'.s rignt to speedy trial and
dispositlon of the case (Gondrada v. People, G.l;?,.No. 141646, February 28,
2003J; and ·
3. Provisiornll dismissal that has become permanent 'due to application of the
time-bar rule (People v. Lacson, G.R. N,o, 149453,Ap(il 1, 2003).
Note: In the foregoing 'ci~~b!mstan~es,for jeopardy t:oattach despite the presence of the
express consent of the accused, all the·ot_herrequisites for double jeopardy must still be
present. ·
" , > •••

Q: When may a case be pr<QVisionally dismissed?

ANS: A case shall not be provisionally dis(Jlissed e~cept with the express consent of the
accused and with notice to the offended party (ROG, Rule 117, Sec. 8).

Q: May a provisional dismissal be used to invoke double jeopardy?

ANS: No. This is because a provisional dismissal is with the express consent of the
accused (ROG, Rule 117, Sec. 8), and double jeopardy requires that the previous case
against him be dismissed or otherwise terminated without his express consent (ROG,
Rule 117, Sec. 7).

Q: When does a provisional dismissal become permanent (Time-Bar Rule)?

ANS: After the issuance of the order without the case having been revived, a provisional
dismissal becomes permanent after:
1. One year - for offenses punishable by imprisonment not exceeding 6 years,
a fine of any amount, or both; and
2. Two years - for offenses punishable by imprisonment exceeding 6 years
(ROG, Rule 117, Sec. 8).
 Q: What are the conditions sine qua non to the application of the Time-Bar Rule?
(MNOP)
ANS: The following are the conditions sine qua non to the application of the time-bar
rule:
1. There must be a ,Motion by the prosecution with the express conformity of the
accused, or by the accused himself, or by both the prosecution and the
accused for a provisional dismissal of the case;
2. The offended party is Notified of the motion for a provisional dismissal of the
case;
3. The court issues an Qrder granting the motion and dismissing the case
provisionally; and
The public frosecutor is served with a copy of the order of provisional
dismissal of the case (ROG, Rule 117, Sec. 8; Co v. New Prosperity Plastic
Products, G.R. No. 183994, June 30, 2014)

k <;PflE•TRIAl.{IIUl.EllfJ}

Q: What matters are considered in the pnHrial? (PSM-WaMoO)

ANS: The following matters are considered;in the pre-trial:
1. flea bargaining;
2. ~tipulation of facts; .
3. ,Marking for identification of evi
4. Wai~~r o~objections to ad ·. ~l~,;~i2~Q.S,t'.d
5. Mod1f1cat1onof the order of 1 1f Ifie •amNEJd admits the charge but
interposes a lawful defense (revl;lrse trial); and . •
6. Qther matters as will promote a;fair and expeditiqu1; trial of the criminal and
civil aspects of the case (ROG, '(!ule 118, Sec. •·1
).

Q: How should plea bargaining be condw:i:ted? ,

ANS: If the accused desires to enter a plea ~f guilty,tof 1<>ff:~~e. plea bargaining
shall immediately proceed, provided the prlriite often :in:f)Hvate crimes, or the
arresting officer in victimless climes, is presdtlt to give his/her· consent with the conformity
of the public prosecutor to the ptea bargaini · • •· Thereafter, judgment shall be immediately
rendered in the same proceedings (RGCC, · · Ill, Item No. 8).

Q: What is required for a pre-trial agreement to be binding against the accused?

ANS: All agreements or admissions made or entered into during the pre-trial conference
shall be reduced to writing and signed by the accused and counsel; otherwise, cannot be
used against the accused. The agreements covering Section 1, Rule 118 shall be
approved by the court (ROG, Rule 118, Sec. 2).

Q: What is the effect of the absence of the parties during pre-trial?

ANS: The court shall proceed with the pre-trial despite the absence of the accused
and/or private complainant, provided they were duly notified of the same, and the counsel
for the accused, as well as the public prosecutor, are present (RGCC, Subheading Ill,
item no. 8).

Q: What may the court impose against the counsel for the accused or the
prosecutor for their unjustified non-appearance at the pre-trial?
ANS: The court may impose sanctions or penalties if the counsel for the accused or the
prosecutor does not appear at the pre-trial conference and does not offer an acceptable
excuse for his lack of cooperation (ROG, Rule 118, Sec. 3).
■ BEDAN REDBOOK
Volume 2 • Series of 2022

Q: What is a pre-trial order?

ANS: A pre-trial order is the order issued by the court after the termination of the pre-
trial conference. The pre-trial order shall recite the actions taken, the facts stipulated, and
the evidence marked. Such order shall bind the parties, limit the trial to matters not
disposed of, and control the course of the action during the trial, unless modified by the
court to prevent manifest injustice (ROC, Rule 118, Sec. 4).

Q: What cases shall be referred for mediation on the civil liability?

ANS: The following cases shall be referred for mediation on the civil liability unless a
settlement is reached earlier in the pre-trial/preliminary conference:
1. Crimes where payment may prevent criminal prosecution or may extinguish
criminal liability, such as violations of:
a. B.P. Big. 22;
b. SSS Law (R.A. No. 11199); and
c. PAG-IBIG Law (R.A. No. 9679).
2. Crimes against property under Title 10 of the Revised Penal Code, where the
obligation may be civil in nature, such as:
a. Theft under Art. 308 of the Revised Penal Code, cognizable by the first
level courts;
b. Estafa under Art 315 ofihe!Revtsed Penal Code, except estafa under
Art. 315 (2)atid (3); . . ..
c. Other forms "of swindling under Art 316 of tl;le Revised Penal Code;
d. Swindling of a minor qnderArt. 317·of tl;le.Rexised Penal Code;
e. Other deceits "under Art. 318 of the Revised, P,enal Code; and
f. Malicious mischief under Art. 327 of\he Revised Penal Code.
3. Crimes ~gainst honbr under Title 13 of tt")e Re\ised. !Penal Code, where the
liability n,aybe civil in nature, such as: , . •·
a. Libel by means of writings or similar means unde~ Art. 355 of the Revised
Penaf·Code;
b. Threatening t9 publish and offer ·to present siJch publication for a
cortipens~Uon under Art. 356 of the.Revised Pen~I Code;
c. Prol'\ibited publicatiOq of acts referred/ to in/ the course of official
proceedings under Art. 357 of.the Revised Penal Code;
d. Grave"Slander(Grave Oral Oefama_tidn.):-of ~rious and insulting nature
under Art 358, par: 1 of the Revised P1:1n9l°Code;
e. Simple Slar1dtlr (Orc:ilDefamatiph).,-nqtof a serious and insulting nature
under Art. 358,-par.,2 of the ReyJsedPenal Code;
f. Grave Slander by Deed :_ ofa serious nature under Art. 359, par. 1 of
the Revised Penal Code;
g. Simple Slander by Deed - not of a serious nature under Art. 359, par. 2
of the Revised Penal Code;
h. Incriminating innocent person under Art. 363 of the Revised Penal Code;
and
i. Intriguing against honor under Art. 364 of the Revised Penal Code.
4. Libel under R.A. No. 10175 (Cybercrime Prevention Act of 2012) where the
liability may be civil in nature;
5. Criminal negligence under Title 14, RPG, where the liability may be civil in
nature;
6. Intellectual property rights cases where the liability may be civil in nature
(RGCC, Subheading Ill, item no.9);
J. 'rRIA!,(RIJlE119)
Q: When shall the trial for a criminal action commence?
ANS: The trial shall commence within 30 days from receipt of the pre-trial order (ROG,
Rule 119, Sec. 1).

Q: What is the order by which the trial for a criminal action shall proceed? (PARS)
ANS: The trial shall proceed in the following order:
1. The frosecution shall present its evidence first to prove the charge and, in
the proper case, the civil liability;
2. The Accused may present evidence to prove his defense and damages, if
any, arising from the issuance of a provisional remedy in the case;
3. The prosecution and defense may, in that order, present Rebuttal and sur-
rebuttal evidence unless the court, in furtherance of justice, permits them to
present additional evidence bearing upon the main issue; and
4. Upon the admission of the evidence of the parties, the case shall be deemed
§ubmitted for decision unless the court directs them to argue orally or to
submit written memoranda (RO<:;,Rule 119, Sec. 11).

Q: When may the order of trial be modified?

ANS: When the accused admits the aci19J"
omission charged in the complaint or
information but interposes a lawful defense,,~ order of trial may be modified (ROG, Rule
119, Sec. 11, Par. e). The modification of tt;!Jtor:de;½1/,t
is discretionary upon the
court. (People v. Gutierrez, Jr., G.R. No. 11(i281,/:efj'. ;1999).

Q: What are the instances when the preSJ)nce of the acc:;:tJ15edis required by law?
ANS: The presence of the accused is req~ed in the follqwirtg: ·
1. During arraignment; '
2. During. trial, when ordered by t!l~court for the purpose of his identification;
and ~
·:··~. , ?i}:~:...,,.,,, ...,:❖,:;- ftt/)
.. ~-',
3. In the promulgation of the senteJ!ite except ~~~nviction is for a light
offense, in which case, it may be--pronounced in lhe presence of his counsel
or a representative (Lavides v. ,$A, G.R. No. 129670, February 1, 2000), or
the judgment is for acquittal (P G.R. No. 140243, December 14,
2000).

Q: Who is an essential witness?

ANS: An essential witness is one whose testimony dwells on the presence of some or
all of the elements of the crime and whose testimony is indispensable to the conviction of
the accused (A.M. No. 12-11-2-SG, Sec 10, Par. c).

Q: When may the absence of an essential witness result in the provisional

dismissal of the case?
ANS: When the delays are due to the absence of an essential witness whose
whereabouts are unknown or cannot be determine and therefore, are subject to the
exclusion in determining compliance with the prescribed limits which cause the trial to
exceed 180 days, the court shall provisionally dismiss the action with the express consent
of the detained accused.

When the delays are due to the absence of an essential witness whose presence cannot
be obtained by due diligence though his whereabouts are known, the court shall
provisionally dismiss the action with the express consent of the detained accused
provided that:
1. The hearing in the case has been previously twice postponed due to the non-
appearance of the essential witness and both the witness and the offended
■
BEDAN RED BOOK
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party, if they are different persons, have been given notice of the setting of
the case for third hearing, which notice contains a warning that the case would
be dismissed if the essential witness continues to be absent; and
2. There is proof of service of the pertinent notices of hearings or subpoenas
upon the essential witness and the offended party at their last known postal
or e-mail addresses or mobile phone numbers (A.M. No. 12-11-2-SG, Sec.
10).

Q: Distinguish between an absent and an unavailable essential witness.

ANS: An absent essential witness is one whose whereabouts are unknown or his
whereabouts cannot be determined by due diligence. An unavailable essential witness is
one whose whereabouts are known but his presence for trial cannot be obtained by due
diligence (ROG, Rule 119, Sec. 3, Par. b).

Q: What is trial in absentia?

ANS: The absence of the accused without justifiable cause at the trial of which he had
notice shall be considered a waiver of his right to be present thereat (ROG, Rule 115,
Sec. 1, Par. c).
Note: When an accused under custody escapes, he shall be deemed to have waived his
right to be present on all subsequent trial dates ,untiCcustody over him is regained (ROG,
Rule 115, Sec. 1, Par. c).

Q: What are the requisites of a valid tflal In absentia?

ANS: The following are. theiequisites of a valid trial in absentia:.
1. The accused h.as been arraigned; ·
2. He has been duly notified of the trial; and ,
3. His failure to appear is unjustified (CONST. Art. !If,·Sf?G.14, Par. 2).
Q: What should bll considered in deterroinJng wtlether an accused was deprived of
the right to speedy. tria\1 ·
ANS: The following should be considered:
1. The duration of the delay; ·
2. Reasons for the delay; . /
3. Assertion oftl,e right orJ 9 ilure to assert it; and
4. Prejudice caused _bysuch.delay: ·

In determining the right of an accused to.speedy· trial, courts should do more than a
mathematical computation of the number of postponements of the scheduled hearings of
the case. What offends the right of the accused to speedy trial are unjustified
postponements which prolong trial for an unreasonable length of time. The right to a
speedy disposition of a case, like the right to speedy trial, is deemed violated only when
the proceeding is attended by vexatious, capricious, or oppressive delays; or when
unjustified postponements of trial are asked for and secured; or when without cause or
justifiable motive, a long period of time is allowed to elapse without the party having his
case tried. (People v. Tampa/, G.R. No. 102485, May 22, 1995)

Q: What is the remedy of the accused if he is not brought to trial within the
prescribed period?
ANS: The remedy of the accused is to file a motion to dismiss the information 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 his right to dismiss (ROG, Rule 119, Sec. 9).
Q: What is conditional examination?
ANS: It is an exception to the rule that the examination of witnesses must be done orally
before a judge in open court. The conditional examination of witness for both the
prosecution and defense perpetuates their testimonies and the use their depositions as
testimonial evidence in lieu of direct court testimony. (Go v. People, G.R. No. 185527,
July 18, 2012).

Q: Distinguish between conditional examination for a defense witness and that for
a prosecution witness.
ANS: The following are the distinctions between defense witness and a prosecution
witness:

Witness is too sick or infirm

as
ground for believing that he
will. Not be able to attend the
trial;
The witness resides 100 km
from the place of trial and
has no means to attend the
same; and
Other similar circumstances
exists that would make him
unavailable or prevent him
from attending trial (ROC,
Rule 119, Sec. 12).
Either a judge, or, if not
practicable, a member of the Bar
in good standing so designated
by the judge in the order, or if the
order be made by a court if
superior jurisdiction, before an
inferior court.
The examination shall proceed
notwithstanding the absence of
the prosecutor provided he was
duly notified of the hearing
(ROC, Rule 119, Sec. 13).
to appear at the trial; or
2. The witness has to leave
the Philippines with no
definite date of returning.
Before the court where the
case is pending, to
conductedin the same manner
as an examination at the trial.
It is done in the presence of the
accused, or in his absence
after reasonable notice to
attend has been seNed on
him. Failure or refusal of the
accused to attend the
examination after notice shall
be considered a waiver (ROC,
Rule 119, Sec. 15).

Q: How may the accused apply for the examination of his witness before trial?
ANS: When an accused has been held to answer for an offense, he may, upon motion,
with notice to the other parties, have the witness conditionally examined in his behalf, by
stating in the motion the following:
1. Name and residence of witness;
2. Substance of testimony and
3. Any of the following grounds:
a. Witness sick or infirm as to afford reasonable ground for believing that
he will. Not be able to attend the trial;
b. The witness resides 100 km from the place of trial and has no means to
attend the same; and
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c. Other similar circumstances exist that would make him unavailable or

prevent him from attending trial (ROC, Rule 119, Sec. 12).

Q: May the conditional examination for a prosecution witness be done outside the
court where the case is pending?
ANS: No. For purposes of taking the deposition in criminal cases, more particularly of a
prosecution witness who would foreseeably be unavailable for trial, the testimonial
examination should be made before the court, or at least before the judge, where the case
is pending as required by the clear mandate of Section 15, Rule 119 of the Revised Rules
of Criminal Procedure (Gov. People, G.R. No. 185527, July 18, 2012).
Note: By exception, in People v. Sergio, the conditional examination of the prosecution's
witness was allowed by written interrogatories while she remained in detention in
Indonesia on death row because ( 1) Sec. 15, Rule 119 did not apply to her, as she was
not sick or about to leave the Philippines without any definite date of returning; (2) the
Indonesia Government imposed several conditions in taking her testimony, such as that
she remain in detention in Indonesia and that the questions to be propounded shall be in
writing, among others; (3) the witness may be cross-examined by written interrogatories;
and (4) there is compelling reason in this case to apply the rules on deposition under Rule
23 suppletorily in criminal proceeding. (People v. Sergio, G.R. No. 240053, October 9,
2019).

Q: What are the requisites in order for an accused to be discharged as a state

witness under the Rules of Court? (TM-CEAD-CoMMJ
ANS: The following are the requisites in order for an accused to be discharged as a state
witness:
1. Iwo or more persons are jointly charged with a commission of an offense;
2. The _Motionfor discharge is filed by the prosecution before it rests its case;
3. The discharge must be with the !;;_onsentof the accused sought to be a state
witness;
4. The prosecution presents .5.vidence and the sworn statement of each
proposed state witness at a hearing in support of the discharge; and
5. The court .is satisfied that:
a. There is Absolute necessity for the testimony of the accused whose
discharge is requested;
b. There is no ..other Qirect evidence available for the prosecution except
the testimony of said accused;
c. The testimony of said accused can be substantially Corroborated in its
material points;
d. The accused does not appear to be the _Mostguilty; and
e. The accused has never been convicted of an offense involving _Moral
turpitude (ROC, Rule 119, Sec. 17).
Note: Evidence adduced in support of the discharge shall automatically form part of the
trial. If the court denies the motion for discharge of the accused as state witness, his sworn
statement shall be inadmissible in evidence.

Q: What are the requisites to be a State Witness under Republic Act 6981 or the
Witness Protection, Security, and Benefit Act. (GrAD-CoMM)
ANS: A person who has participated in the commission of a crime and desires to be a
witness for the State, can apply and, if qualified as determined by the Department of
Justice, shall be admitted under the Witness Protection, Security, and Benefit Program
whenever the following circumstances are present:
1. The offense in which his testimony will be used is a Grave felony as defined
under the Revised Penal Code or its equivalent under special laws;
2. There is Absolute necessity for his tertimony;
 3. There is no other Qirect evidence available for the proper prosecution of the
offense committed;
4. His testimony can be substantially Corroborated on its material points;
5. He does not appear to be ,Most guilty; and
6. He has not at any time been convicted of any crime involving ,Moral turpitude.
(R.A. No. 6981 otherwise known as "Witness Protection, Security, and Benefit
Act", Sec. 10)
Note: The Witness need not be charged. Any person who has witnessed or has
knowledge or information on the commission of a crime and has testified or is testifying
or about to testify before any judicial or quasi-judicial body, or before any investigating
authority, may be admitted into the Program (R.A. No. 6981, Sec. 3).

Q: What is meant by "absolute necessity" for the testimony of the accused whose
discharge is sought?
ANS: There is absolute necessity when the accused alone has knowledge of the crime,
and not when his testimony would simply corroborate or otherwise strengthen the
evidence in the hands of the prosecution (Chua v. CA, G.R. No. 103397, August 28,
1996).

Q: What is meant by "most guilty" as tQ the culpability of the accused whose

discharge is sought?
ANS: The term "most guilty" refers to the highest degree of culpability in terms of
participation in the commission of the offense and does not necessarily mean the severity
of the penalty imposed. While all the accused may be given the same penalty by reason
of conspiracy, yet one may be considered. to have lesser or the least guilt taking into
account his degree of participation in the commission of the offense (Jimenez, Jr. v.
People, G.R. No. 209195, September 17, 2014).

Q: Distinguish the Witness Protection Program (R.A. No. 6981) and discharge as
state witness (Rule 119, Sec. 17)
ANS: The following are the distinctions between Witness Protection Program and Rule
119, Sec. 17 of the ROG:

in
testimony is to be used is limited
only to grave felonies

The immunity is granted by DOJ. The immunity is granted by the

court.

The witness is automatically The witness so discharged

entitled to certain rights and must still apply for the
enjoyment of said rights and
benefits in the DOJ.
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BEDAN RED BOOK
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R.A. No. 6981

(Witness Protection, Security Rule 119, Sec. 17

.. ...•
And Benefit Act)

As to Prior •• He is charged in court as one

Charge . - of the accused as stated in the
information.

Asto If witness is admitted into the The charges against him shall
Immunity program before Information is be dropped and the same
filed, it operates as an acquittal, operates as an acquittal.
and said witness cannot
subsequently be included in the
criminal Information except when
he fails or refuses to testify.

Note: If witness is admitted after

information was filed but before
arraignment, there must be leave
of court and notice to the
offended party (ROG, Rule 110,
Sec;. 14).
(Ampatuan Jr. v. De Lima, G.R. No. 197291, April 3, 2013)
Q: What are the effects of discharge of an accused as a state witness under Rule
119?
ANS: The following are the effects of discharge of an accused as a state witness:
1. Evidence adduced in support of the discharge shall automatically form part of
the trial (ROG, Rule 119, Sec. 17); and
2. Discharge of accused operates as an acquittal and shall bar further
prosecution for the same offense, unless the accused fails or refuses to testify
against his co-accused in accordance with his sworn statement constituting
the basis of his discharge (ROC, Rule 119, Sec. 18).

Q: What will happen if a mistake has been made in charging the proper offense?
ANS: When there has been a mistake in charging the proper offense and the accused
cannot be convicted of the offense charge or any other offense necessarily included
therein, the accused shall not be discharged if there appears good cause to detain him.
The information for the offense charged shall be dismissed upon filing of the proper
information (ROC, Rule 119, Sec. 19).

The accused will not be placed in double jeopardy (ROC, Rule 110, Sec. 14, Par. 3).

Q: What is demurrer to evidence?

ANS: Demurrer to evidence is a motion to dismiss based on insufficiency of evidence
(ROC, Rule 119, Sec. 23).

Q: May the court motu proprio dismiss the action on the ground of insufficiency of
evidence?
ANS: Yes. After the prosecution rests its case, the court may dismiss the action on the
ground of insufficiency of evidence on its own initiative after giving the prosecution the
opportunity to be heard (ROG, Rule. 119, Sec. 23).
 Q: When may an accused seek leave of court to file demurrer to evidence?
ANS: After the prosecution has rested its case, the court shall inquire from the accused
if he/she desires to move for leave of court to file a demurrer to evidence, or to proceed
with the presentation of his/her evidence (RGCC, Subheading Ill, item no. 13(d)).

Q: What is the period for filing the demurrer and the opposition thereto?
ANS: The demurrer to evidence shall be filed within a non-extendible period of 10
calendar days from the date the leave of court is sought and resolved, and the
corresponding comment shall be filed within a non-extendible period of 10 calendar days
counted from date of receipt of the demurrer to evidence. The demurrer shall be resolved
by the court within a non-extendible period of 30 calendar days from date of the filing of
the comment or lapse of the 10-day period to file the same (RGCC, Subheading Ill, item
no. 13(d)).

Q: What is the effect of filing the demurrer to evidence with leave of court?
ANS: If the court denies the demurrer to evidence filed with leave of court, the accused
may adduce evidence his defense (ROG, Rule 119, Sec. 23, Par. 2).

Q: What is the effect of filing the demurrer to evidence without leave of court?
ANS: When the demurrer to evidence is filed without leave of court, the accused waives
his right to present evidence and submits. the case for judgment on the basis of the
evidence for the prosecution (ROG, Rule 119;Sec. 23, Par. 2).

Q: What is the effect if the Demurrer to Evidence is granted?

ANS: The grant of a demurrer to evidence amounts to an acquittal and cannot be
appealed because it would place the accused in double jeopardy. The order is reviewable
only by certiorari if it was issued with grave abuse of discretion amounting to lack or
excess of jurisdiction (People v. Go, G.R. No. 191015, August 6, 2014).

Q: Compare Demurrer to Evidence and Motion to Di15miss.

ANS: Demurrer to Evidence is filed after the prosecution.has restedits case and may be
filed with or without leave of court (ROC, Rule 119, Sec. 23). Motion to Dismiss is filed
before the prosecution has rested its case on the ground of denial of the accused's right
to speedy trial and filed without leave of court (Cflbador v. People, G.R. No. 186001,
October 2, 2009). · ·

K. JUDGMENT(lit/LE 120}

Q: What is a judgment?
ANS: A judgment is the adjudication by the court that the accused is guilty or not guilty
of the offense charged and the imposition on him of the proper penalty and civil liability, if
any (ROC, Rule 120, Sec. 1).

Q: What are the formal requisites of a valid judgment? (WPC)

ANS: The following are the formal requisites of a valid judgment:
1. It must be Written in the official language;
2. It must be fersonally and directly prepared by the judge and signed by him;
and
3. It must fontain clearly and distinctly a statement of the facts and the law upon
which it is based (ROC, Rule 120, Sec. 1).

Q: What must be contained in a judgment of conviction?

ANS: A judgment of conviction shall state the:
1. Legal qualification of the offense constituted by the acts committed by the
accused;
 2. Aggravating or mitigating circumstances attending its commission;
3. Participation of the accused, whether as principal, accomplice, or accessory;
4. Penalty imposed upon the accused; and
5. Civil liability or damages caused by his wrongful act or omission to be
recovered from the accused by the offended party, if there is any, unless the
enforcement of the civil liability by a separate civil action has been reserved
or waived (ROC, Rule 120, Sec. 2, Par. 1).

Q: What must be contained in a judgment of acquittal?

ANS: A judgment of acquittal shall state:
1. Whether the evidence of the prosecution absolutely failed to prove the guilt of
the accused or merely failed to prove his guilt beyond reasonable doubt; and
2. In either case, the judgment shall determine if the act or omission from which
the civil liability might arise did not exist (ROC, Rule 120, Sec. 2, Par. 2).

Q: What is the Variance Doctrine?

ANS: Under the Variance Doctrine, the accused can only be convicted of an offense
when it is both charged and proved. If ii is not charged, although proved, or if it is proved,
although not charged, the accused cannot be convicted thereof. In other words, variance
between the allegation contained in the information and the conviction resulting from trial
cannot justify a conviction for either the offense charged or the offense proved unless
either is included in the other (Malabanan v. Sandiganbayan, G.R. Nos. 186329, 186584-
86 & 198598, August 2, 2017).

When the offense as charged is included in or necessarily includes the offense proved,
the accused shall be convicted of the offense proved which is included in the offense
charged, or of the offense charged which is included in the offense proved (ROC, Rule
120, Sec. 4).

Q: How is judgment promulgated?

ANS: Judgment is promulgated by reading it in the presence of the accused and any
judge of the court in which it was rendered. If the accused is confined or detained in
another province or city, the judgment may be promulgated by the executive judge of the
RTC having jurisdiction over the place of confinement or detention upon request of the
court which rendered the judgment (ROG, Rule 120, Sec. 6).

If accused fails to appear at the scheduled date of promulgation of judgment despite

notice, the promulgation shall be made by recording the judgment in the criminal docket
and serving him a copy thereof at his last known address or through counsel (ROC, Rule
120, Sec. 6).

Q: What are the essential elements for the validity of a promulgation of judgment
in absentia?
ANS: They are the following:
1. That the judgment be recorded in the criminal docket; and
2. That a copy thereof shall be served upon the accused in his last known
address or to his counsel (ROC, Rule 120, Sec. 6, Par. 4, Estrada v. People,
G.R. No. 162371, August 25, 2005).

Q: When may the presence of the accused in the promulgation be dispensed with?
ANS: The presence of the accused in the promulgation may be dispensed with when:
1. The conviction is for a light offense, the judgment may be pronounced in the
presence of his counsel or representative (ROC, Rule 120, Sec. 6, Par. 1); or
2. The judgment is for acquittal (Pascua v. CA, G.R. No. 140243, December 14,
2000).
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Q: What is the effect of the failure of the accused to appear at the promulgation of
judgment of conviction?
ANS: If the judgment is for conviction and the failure of the accused to appear was
without justifiable cause, he shall lose the remedies available in the Rules against the
judgment and the court shall order his arrest (ROC, Rule 120, Sec. 6, Par. 5).
Note: Accused is deemed fugitive and forfeits post-conviction remedies, specifically: (a)
filing of a motion for new trial or for reconsideration; and (b) an appeal from the judgment
of conviction (Salvador v. Chua, G.R. No. 212865, July 15, 2015; Villena v. People, G.R.
No. 184091, January 31, 2011).

Q: What must the accused who failed to appear at the promulgation of judgment of
conviction do to avail of the remedies available in the Rules?
ANS: Within 15 days from promulgation of judgment, the accused may surrender and
file a motion for leave of court to avail of these remedies. He shall state the reasons for
his absence at the scheduled promulgation and if he proves that his absence was for a
justifiable cause, he shall be allowed to avail of said remedies within fifteen 15 days from
notice (ROC, Rule 120, Sec. 6, Par. 5).

Q: When does a judgment of conviction become final?

ANS: Except where the death penalty is imposed, a judgment becomes final:
1. After the lapse of the period for .f¥trfecting an appeal;
2. When the sentence has been partially or totally satisfied or served;
3. When the accused has waived lrn'ffiting his righ0o appeal; or
4. Has applied for probation (ROC, Ruie 120; Sec::7).

Q: Is there an instance where an ,accused may 1,tl;II avail of probation

notwithstanding the perfection of his appeal? .
ANS: Yes. When a judgment of convictiqn imposing i:l noi,-probationable penalty is
appealed or reviewed, and such judgment is modified through the imposition of a
probationable penalty, the defendant shall be-allowed to ctijPlyJpr,probation based on the
modified decision before such decision becomes final. (R:A NQ. 10707, Sec. 1)
(Please refer to page 530 of the Bedan Red' Book Volume 1 - Criminal Law for further
discussion on Probation Law.)

Q: When does a judgment of acquittal become final?

ANS: In criminal cases, a judgment of acquittal is immediately final upon its promulgation
(Argel v. Pascua, A.M. No. RTJ-94-1131, August 20, 2001).

Q: What is the rule on modification of judgment of conviction in a criminal case?

ANS: A judgment of conviction may, upon motion of the accused, be modified or set
aside before it becomes final or before appeal is perfected (ROC, Rule 120, Sec. 7).

J.. MOTJONFORNEW TR/Al.ORllECONSIDERATION (RUJ.E12,1}

Q: What are the grounds for new trial?

ANS: The following are the grounds for new trial:
1. That errors of law or irregularities prejudicial to the substantial rights of the
accused have been committed during the trial; and
2. That new and material evidence has been discovered which the accused
could not with reasonable diligence have discovered and produced at the trial
and which if introduced and admitted would probably change the judgment
(ROC, Rule 121, Sec. 2).
Q: What is the ground for reconsideration?
ANS: The court shall grant reconsideration on the ground of errors of law or fact in the
judgment, which requires no further proceedings (ROC, Rule 121, Sec. 3).

Q: What are the requisites for granting a new trial on the ground of newly-
discovered evidence? (AMDC)
ANS: The requisites for granting a new trial on the ground of newly-discovered evidence
are the following:
1. That the evidence was discovered After trial;
2. That it is Material, not merely cumulative, corroborative or impeaching;
3. That such evidence could not have been Qiscovered and produced at the trial
even with the exercise of reasonable diligence; and
4. The evidence is of such a weight that it would probably g_hange the judgment
if admitted (Ybiernas v. Tanco-Gabaldon, G.R. No. 178925, June 1, 2011).

Q: What are the effects of granting a new trial or reconsideration?

ANS: The following are the effects of granting a new trial or reconsideration:
1. When a new trial is granted on the ground of errors of law or irregularities
committed during the trial, all the proceedings and evidence affected thereby
shall be set aside and taken anew. The court may, in the interest of justice,
allow the introduction of additional evidence;
2. When a new trial is granted on the ground of newly-discovered evidence, the
evidence already adduced shall stand and the newly-discovered and such
other evidence as the court may, in the interest of justice, allow to be
introduced shall be taken and considered together with the evidence already
in the record; and
3. In all cases, when the court grants new trial or reconsideration, the original
judgment shall be set aside or vacated and a new judgment rendered
accordingly (ROC, Rule 121, Sec. 6).

Q: What is the Fresh Period Rule?

ANS: There shall be a fresh period of 15 days within which to fife a notice of appeal, to
be continued from receipt of the order dismissing a motion for new trial or motion for
reconsideration (Neypes v. CA, G.R. No. 141524, September 14, 2005).

Q: Is the Fresh Period Rule applicable to criminal cases?

ANS: Yes. It equally applies to the period for appeal in criminal cases under Section 6
of Rule 122 of the Rules of Court (Yu v. Samson- Tatad, G.R. No. 170979, February 9,
2011).

Q: Distinguish Motion for Reconsideration, New Trial, and Reopening of the Case
ANS: The following are the distinctions between Motion for Reconsideration, New Trial,
and Reopening of the Case:

Motion for . .
Reconsideration New Trial Reopening of the Case

As to When Available
After judgment is rendered After judgment is After both parties have rested
but before the finality rendered but before the their case, even before
thereof finality thereof judgment is rendered, but
before finality of judgment.
 ~ As to How Made

By motion of the accused, By motion of the By motion of either party, or

or by the court motu accused, or by the court by the court motu proprio.
proprio but with the motu proprio but with the
consent of the accused consent of the accused.

To ask the court to
reconsider its findings of
law so as to conform to the
law applicable in the case.
As To Purpose
To permit the reception To permit the reception of new
of new evidence and evidence and extend the
extend the proceedings. proceedings.

(Please refer to page 794 for further discussion on Appeals in Criminal Cases.)

M. $EARCHAND$EIZllRE(lllll£ 126}

Q: What is a search warrant?

ANS: A search warrant is an order in writing issued. in the name of the People
of the
Philippines, signed by a judge and directed tt:>a peace officer, commanding him to
search
for personal property described therein and bring it before the court (ROC, Rule 126,
Sec.
1).

Q: What are the requisites for the issuance of a search warrant?

ANS: The requisites for the issuance of a search warrant are the following:
1. It must be issued upon probable t:ause; . . ._. .
2. Probable cause must be determined by the fssi:l!ngjudge personally;
3. The judge must have personally examined, in the form of searching questions
and answers, in writing and under oath, the applicant and his witnesses on
facts personally known to them; and
4. The warrant issued must particularly describe the place to be searched and
the things to be seized (Santos v. Pryce Gases, Inc., G.R. No. 165122,
November 23, 2007).

Q: Distinguish search warrant from warrant of arrest.

ANS: The following are the distinctions between warrant of arrest and search
warrant:

to peace Order in writing in the name of the

officer to execute the warrant by
taking the person stated therein
into custody that he may be
bound to answer for the
commission of the offense
(Pestilos v. Generoso, G.R. No.
182601, November 10, 2014).
Republic of the Philippines signed
by the judge and directed to the
peace officer to search personal
property described therein and to
bring it to court (ROC, Rule 126,
Sec. 1).
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BEDAN REDBOOK
Volume 2 • Series of 2022

Warrant of Arrest Search Warrant

As to the I I• I • • • I Probable cause for the issuance of

Probable of a warrant of arrest is the
Cause existence of such facts and
circumstances that would lead a
reasonably discreet and prudent
person to believe that an offense
was committed by the person
sought to be arrested (Hao v.
People. G.R. No. 183345,
September 17, 2014).
a search warrant is defined as such
facts and circumstances which
would lead a reasonably discrete
and prudent man to believe that an
offense has been committed and
that the objects sought in connection
with the offense are in the place
sought to be searched (Laud v.
People, G.R. No. 199032,
November 19, 2014).

As to the judge is mandated to Shall not issue except upon

Issuance personally evaluate the probable cause in connection with
resolution of the prosecutor and one specific offense to be
its supporting evidence (Hao v. determined personally by the judge
People, G.R. No. 183345, aft.er examination under oath or
September 17, 2014). affirmation of the complaint and the
witnesses he may produce (ROC,
Rule 126,.Sec. 4).

As to the Unless specifically provided in Validity is for 10 days only (ROC,

Validity the warrant. the same remains Rule 126, Sec. 9).
enforceable until it is executed,
recalled or quashed (People v.
Givera, G.R. No. 132159,
January 18, 2001).

As to the An arrest may be made at any The warrant must be directed that it
Service time of the day or night {ROC, be served in the day time, unless the
Rule 113, Sec. 6). affidavit 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
(ROC, Rule 126, Sec. 9).

Asto Anywhere in the Philippines Only in the particular place to be

Where It where the accused might be searched indicated in the search
May Be (Villegas v. Montano, G.R. No. L- warrant (ROC, Rule 126, Sec. 4).
Enforced 59962, September 21, 1982).

Q: What is a General warrant?

ANS: A search warrant which vaguely describes and does not particularize the personal
properties to be seized without a definite guideline to the searching team as to what items
might be lawfully seized, thus giving the officers of the law discretion regarding what
articles they should seize (People v. Go, G.R. No. 168539, March 25, 2014).
Note: A general warrant is void as it infringes on the constitutional mandate requiring
particular description of the things to be seized (Yao v. People, G.R. No. 168306, June
19 2007).
Q: What is a Scatter-shot warrant?
ANS: A search warrant issued for more than one offense. It is not valid because it is in
violation of the Constitution. There must be strict compliance with the constitutional and
statutory requirements. Otherwise, the search warrant shall be void. No presumptions of
regularity are to be invoked in aid of the process when an officer undertakes to justify under
it (People v. Veloso, G.R. No. L-23051, October 20, 1925).
Note: But where the application for search warrant for two "unrelated" offenses, like
kidnapping and murder, the same does not violate the abovementioned constitutional
prohibition. Kidnapping and murder actually form a special complex crime, which is one
specific offense (Dimal v. People, G.R. No. 216922, April 18, 2018).

Q: Where should an application for a search warrant be filed?

ANS: It should be filed in the court where the criminal action is pending. In the absence
of a pending criminal action, ii shall be filed in any court within whose territorial jurisdiction
a crime was committed.

For compelling reasons stated in the application, ii may be filed in (1) any court within the
judicial region where the crime was committed if the place of the commission of the crime
is known; or (2) any court within the judicialregion where the warrant shall be enforced
(ROC, Rule 126, Sec. 2). ..

In case of search warrants involving illegal; POSlfe~sion of firearms and ammunitions,

Heinous crimes, the Intellectual Property Code, the AntMl.4oney Laundering Act of 2001,
violations of the Comprehensive DangerousDrugs Act of 2002, illegal Gambling, as well
as the Tariff and Customs Code, the Executive Judges and, whenever they are on official
leave of absence or are not physically present in the station, the Vice-Executive Judges
of the RTCs of Manila and Quezon City shalHnave authority to acton applications filed by
the NBI, PNP, ACTAF, PDEA, and the Bureal,Jof Customs. Such warrants may be served
in places outside the territorial jurisdiction of.the said ~r;ts(rt·M· JV?,
03-8-02-SC).
Q: What is probable cause in relation to .~·arch warrants?·
ANS: It refers to such facts and circumstai)ces which could lead a reasonably discreet
and prudent man to believe that an offense· · · n committed and that the objects
sought in connection with the offense are in the sought to be searched (Worldwide
Web Corp. v. People, G.R. No. 161106, January 13, 2014).

Q: How must the judge conduct the examination of the complainant and his
witnesses before issuing a search warrant?
ANS: The judge must personally examine in the form of searching questions and
answers, in writing and under oath, the complainant and the witnesses he may produce
on facts personally known to them and attach to the record their sworn statements,
together with the affidavits submitted (ROC, Rule 126, Sec. 5).

Q: How will a search warrant particularly describe the place to be searched and the
things to be seized?
ANS: The requirement that a search warrant must particularly describe the place to be
searched and the things to be seized is deemed complied with when:
1. The description therein is as specific as the circumstances will ordinarily
allow;
2. The description expresses a conclusion of fact not of law which the warrant
officer may be guided in making the search and seizure; or
3. The things described are limited to those which bear direct relation to the
offense for which the warrant is being issued (Columbia Pictures, Inc., v. CA.
G.R. No. 110318, August 28, 1996).
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BEDAN RED BOOK
Volume 2 · Series of 2022

Q: What are the proper objects of a search warrant?

ANS: A search warrant may be issued for the search and seizure of the following
personal properties:
1. Subject of the offense;
2. Stolen or embezzled and other proceeds or fruits of the offense; and
3. Used or intended to be used as the means of committing an offense (ROG,
Rule 126, Sec. 3).

Q: When may there be a valid warrantless search? (IF-PoCoMo-WEEP)

ANS: The following are the exceptions to the search warrant requirement:
1. Search !ncident to a Lawful Arrest - A person lawfully arrested may be
searched for dangerous weapons, anything which may have been used in the
commission of an offense, or anything which may be used as proof of the
commission of an offense, without a search warrant. The valid arrest must
precede the search and not the reverse (People v. Calantiao, G.R. No.
203984, June 18, 2014);
2. Stop-and-frisk Doctrine (also known as the "Terry Search") - The act of
a police officer to stop a citi.z~n on the street, interrogate him, and pat him for
weapon(s) or contraband. ihe police· officer should properly introduce himself
and make initial inquiries, approach and restrain a person who manifests
unusual and suspicious conduct, to check the latter's outer clothing for
possibly concealed weapons (Es.qui/lo v.Peopfe, .G.R. No. 182010, August
25, 2010);
Note: However, for a "stop-and-frisk" search tobe valid, it must be supported
by eviden~ such that the totality of the suspidous circumstances observed
by the arresting officer, as based on his e,cparience and surrounding
circumstances, led him or her to believe that the ·accused was committing an
illicit act (Teien v. People, G.R. No. 2281'07, October 9, 2019);
3. Check Points; Body Checks in Airport - Under exceptional circumstances,
as where the survival of organized government is on the balance or where
the lives and safety of the people are in grave peril, checkpoints may be
allowed and installed by the government (Valmdnte v. De Villa, G.R. No.
83988, May 24, 1990);
4. Consented Search - No search warrant is required where the person to be
searched has given his consent thereto. The right to be secure from
unreasonable search may, like every right, be waived, and such waiver may
be made expressly or impliedly. A consented search is reasonable only if kept
within the bounds of the actual consent;
5. Search of Moving Vehicle - A warrantless search of a moving vehicle is
justified on the ground that it is not practicable to secure a warrant because
the vehicle can be quickly moved out of the locality or jurisdiction in which the
warrant must be sought (Asuncion v. CA, G.R. No. 125959, February 1,
1999);
6. Wartime operations - In times of war within the area of military operation
(People v. De Gracia, G.R. Nos. 102009-10, July 6, 1994);
7. Enforcement of Custom Laws - For the enforcement of customs duties and
tariff laws, the Collector of Customs is authorized to effect searches and
seizures conformably with the provision of the said laws. The Tariff and
Customs Code does not require a search warrant in that case. Persons
suspected of holding or conveying any dutiable or prohibited article
introduced into the Philippines contrary to law may be searched without the
need of a search warrant (R.A. No. 10863, otherwise known as the "Customs
Modernization and Tariff Act'J;
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Volume 2 · Series of 2022
■:
Note: However, the search of a dwelling house may be made only upon
warrant issued by a judge (R. A. No. 10863, otherwise known as the "Customs
Modernization and Tariff Act';.
8. _!;mergency - Based on probable cause under extraordinary circumstances
(People v. De Gracia, G.R. Nos. 102009-10, July 6, 1994); and
9. flain View Doctrine - Objects falling in the plain view of an officer who has
a right to be in the position to have that view are subject to seizure and may
be presented as evidence (Abe/ita v. Doria, G.R. No. 170672, August 14,
2009).

Q: What are the requisites for the Plain View Doctrine to apply? (Pl2 -J)
ANS: The following are the requisites for the Plain View Doctrine to apply:
1. Prior valid intrusion based on the valid warrantless arrest in which the police
are legally present in the fursuit of their official duties;
2. The evidence was !nadvertently discovered by the police who have the right
to be where they are;
3. The evidence must be !mmediately apparent; and
4. "Plain view" J_ustifiedmere seizure of evidence without further search (People
v. Sarap, G.R. No. 132165, Match 26, 2003).

Q: What is the Knock and Announce Prlno,ple? (AISE)

ANS: The Knock and Announce Principle ~ans that officers executing a search must
do the following acts: ·· ··
1. Announce their presence; . ,
2. Identify themseltes to the accysed and to the ,Person who rightfully have
possession of the premises to be searched;
3. ~how to them the search warral!t; and
4. _!;xplain the warrant in a languat:Jeor dialect known and understood by them
(People v. Huang Zhen Hua, G.Ff: No. 139301, September 29, 2004).

Q: Is the Knock and Announce Principle,amere prori~~;ra,V~~lity?

ANS: No. The requirement Is not a mere ()t'ocedural formality but is of the essence of
the substantial provision which safeguards individual liberty. A lawful entry is the
indispensable predicate of a reasonable se .. <jfch would violate the constitutional
guarantee against unreasonable search and i:tuteif'the entry were illegal, whether
accomplished by force, or by threat or show of force or obtained by stealth, or coercion
(People v. Huang Zhen Hua, G.R. No. 139301, September 29, 2004).

Q: What are the requisites when an unannounced intrusion is permissible? (BERK)

ANS: The following are the requisites of a permissible unannounced intrusion:
1. When officers have an honest ,lileliefthat there is an imminent danger to life
and limb;
2. When those in the premises, aware of the presence of someone outside, are
then fngaged in activities which justifies the officers to believe that an escape
or the destruction of evidence is imminent;
3. Person in premises ,Befuses to open it upon demand; or
4. Person in the premises already JS.newof the identity and authority of the
officers.
Note: This list of exceptions is neither conclusive nor exclusive (People v. Huang Zhen
Hua, supra).
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Volume 2 · Series of 2022

Q: What is the period of validity of a search warrant?

ANS: Ten days from its date, thereafter, it shall be void. A search warrant can be used
only once, thereafter it becomes functus officio (ROG, Rule 126, Sec. 10).

While under Section 10, a search warrant has a validity of 10 days, nevertheless, it cannot
be used every day of said period and once articles have already been seized under said
warrant, it cannot be used again for another search and seizure, except when the search
conducted on one day was interrupted, in which case the same may be continued under
the same warrant the following day if not beyond the 10-day period (Uy Kheytin v. Villareal,
G.R. No. 16009, September 21, 1920).

Q: What are the remedies of the accused from an unlawful search and/or seizure?
ANS: The following are the remedies of the accused from an unlawful search and
seizure:
1. Motion to quash a search warrant; and
2. Motion to suppress evidence (ROG, Rule 126, Sec. 14).

Q: What are the requisites of a valid waiver of the right against unreasonable
search?
ANS: It is fundamental that to constitute a valio Waiver of the right against unreasonable
search, it must first appear that:
1. The right exists;
2. That the person involved had knowledge, either actual or constructive, of the
existence of such right; and
3. That said persqn had an actual intention to relinquish the right (Caballes v.
Court of Appeals, G;R. No. 136292, January 15, 2002).
Note: Mere failure to object does not constitute waiver of the right against unreasonable
search (People v. Burgos, G.R. No. L-68955, September 4, 1986).

REMEDIES
N. PROVISIONAL CASES(RIJlE127}
IN CRIMINAL

Q: A criminal case for homicide was filed against an accused. The private offended
party made the appropriate reservation to file a separate civil action. May the
private offended party avail of provisional remedies in the criminal case?
ANS: No. The provisional remedies may be availed of in connection with the civil action
deemed instituted with the criminal i;lction (ROC, Rule 127, Sec. 1).

Q: What provisional remedies in civil actions are available in criminal cases?

(RAIDS)
ANS: The following provisional remedies in civil actions are available in criminal cases:
1. Beceivership
2. Attachment
3. Preliminary !njunction;
4. Qelivery of personal property (Replevin); and
5. _§_upportpendente lite (ROG, 127, Sec. 1).
Note: The provisional remedies in civil actions, insofar as they are applicable, may be
availed of in connection with the civil action deemed instituted with the criminal action
(ROG, Rule 127, Sec. 1).

Q: When may preliminary attachment be availed of in a criminal case?

ANS: It may be availed of when the civil action is properly instituted in the criminal action.
The offended party may have the property of the accused attached as security for the
satisfaction of any judgment that may be recovered from the accused in the following
cases:
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1. When the accused is about to abscond from the Philippines;
2. When the criminal action is based on a claim for money or property
embezzled or fraudulently misapplied or converted to the use of the accused
who is a public officer, officer of a corporation, attorney, factor, broker, agent
or clerk, in the course of his employment as such, or by any other person in
a fiduciary capacity, or for a willful violation of duty;
3. When the accused has concealed, removed or disposed of his property, or is
about to do so; and
4. When the accused resides outside the Philippines (ROC, Rule 127, Sec. 2).

Q: When may the provisional remedy of support be availed of in criminal cases?

ANS: It may be availed of in the following:
1. In criminal actions where the civil liability includes support for the offspring as a
consequence of the crime and the civil aspect thereof has not been waived,
reserved or instituted prior to its filing, the accused may be ordered to provide
support pendente lite to the child born to the offended party allegedly because of
the crime. The application therefor may be filed successively by the offended party,
her parents, grandparents or guardian and the State in the corresponding case
during its pendency (ROC, Rule 61, $ec.);
2. As a protection order in crimes of violence against women and their children, for
the purpose of preventing further act$ of violence, to safeguard the victim from
further harm, minimize any disruption,in the victim's daily life and facilitate the
opportunity and ability of the victim to·independently rt;igain control of her life. The
Respondent may be directed to pro~ide supportto the woman and/or her child if
entitled to legal support.
Note: the court shall order an appropriate percentage of the income or salary of
the respondent to be withheld regularly by the respondent's employer for the same
to be automatically remitted directly 1:$)the woman. Failure to remit and/or withhold
or any delay in the remittance of support to the woman and/or her child without
justifiable cause shall render the respondent or his employer liable for indirect
contempt of court (RA 9262, Sec. B(g)J.

Q: May non-drug evidence belonging to,¥) third person not charged with and not
liable for an offense be recovered by replevinJ:luriog the pendency of the criminal
case against the accused in the RTC? ·
ANS: No. Return of the property during the pendency of the case is premature since
Sec. 20 of the Comprehensive Oangerous Drugs Act, as amended, forbids the disposition,
alienation or transfer of any property or income derived therefrom, that has been
confiscated from the accused charged under RA No. 9165, as amended, during the
pendency of the proceedings in the RTC. Such property should remain in custodia legis
in all that time and no bond shall be admitted for its release (Philippine Drug Enforcement
Agency v. Brodett, G.R. No. 196390, September 28, 2011).

Q: Why should non-drug evidence belonging to third person remain in custodia

/egis during the pendency of the case with the RTC?
ANS: It is to preserve it as evidence and to ensure its availability as such. To release it
before the judgment is rendered is to deprive the trial court and the parties access to it as
evidence. Also, the determination of whether the article confiscated would be subject of
forfeiture could only be made only when the judgment is rendered in the proceedings.
(Philippine Drug Enforcement Agency v. Brodett, G.R. No. 196390, September 28, 2011)
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0. REVISED GUIDELINES ON CONTINUOUS TRIAL {A.M. NO. 16-06-10-SC}

Q: What cases are covered by the Revised Guidelines for Continuous Trial of
Criminal Cases (A.M. No. 15-06-10-SC)?
ANS: The Revised Guidelines shall apply to all newly-filed criminal cases, including
those governed by Special Laws and Rules, in the First and Second Level Courts, the
Sandiganbayan, and the Court of Tax Appeals as of September 1, 2017. The Revised
Guidelines shall also apply to pending criminal cases with respect to the remainder of
the proceedings. Unless otherwise specially provided, it shall not apply to cases under
the Rule on Summary Procedure (A.M. No. 15-06-10-SC, Subheading/).

Q: What are the prohibited motions under the Revised Guidelines? (JPreReQ-BAP)
ANS: The following are the prohibited motions under the Revised Guidelines:
1. Motion for Judicial determination of probable cause;
2. Motion for Preliminary investigation:
a. When filed beyond the 5-day reglementary period in inquest proceedings
under Rule 112, Sec. 6; or
b. When required under Rule 112, Sec. 8 or allowed in inquest proceedings
and the accused failed to participate in the preliminary investigation
despite due notice.
3. Motion for Reinvestigation of the prosecutor recommending the filing of
information once information has been filed before the court:
a. If the rnotion is filed without prior leave of court;
b. When preliminary investigation is not required under Rule 112, Sec. 8;
and
c. When the regular preliminary investigation is required and has been
actually conducted, and the grounds relied upon in the motion are not
meritorious, such as issues of credibility, admissibility of evidence,
innocence of the accused, or lack of due process when the accused was
actually notified, among others.
4. Motion to Quash information when the ground is not one of those stated in
Rule 117, Sec. 3;
5. Motion for ~ill of particulars that does not conform to Rule 116, Sec. 9;
6. Motion to suspend the Arraignment based on grounds not stated under Rule
116, Sec. 11; and
7. Petition to suspend criminal action on the ground of f.rejudicial question,
when no civil case has been filed, pursuant to Rule 111, Sec. 7 (A.M. No. 15-
06-10-SC, Subheading Ill, item no. 2(b)).
Note: Prohibited motions shall be denied outright before the scheduled arraignment
without need of comment/opposition (A.M. No. 15-06-10-SC, Subheading Ill, item no.
2(b)).

Q: May a motion for postponement be allowed?

ANS: It is prohibited, except if it is based on acts of God, force majeure or physical
inability of the witness to appear and testify.

A motion for postponement, whether written or oral, shall at all times be accompanied by
the original official receipt from the Office of the Clerk of Court evidencing payment of the
postponement fee, to be submitted either at the time of the filing of said motion or not later
than the next hearing date. The clerk of court shall not accept the motion unless
accompanied by the original receipt. (A.M. No. 15-06-10-SC, Subheading Ill, item no.
2(d)).

Q: What is the effect if the motion for postponement is granted?

ANS: If the motion is granted based on the allowable exceptions, the moving party shall
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be warned that the presentation of its evidence must still be finished on the dates
previously agreed upon (A.M. No. 15-06-10-SC, Subheading Ill. item no. 2(d)).

Q: What are the meritorious motions under the Revised Guidelines?

ANS: Motions that allege plausible grounds supported by relevant documents and/or
competent evidence except those that are already covered by the Revised Guidelines,
are meritorious motions, such as:
1. Motion to withdraw Information, or to downgrade the charge in the original
Information, or to exclude an accused originally charged therein, filed by the
prosecution as a result of a reinvestigation, reconsideration, and review.
2. Motion to quash warrant of arrest.
3. Motion to suspend arraignment on the ground of an unsound mental condition
under Sec. 11(a) Rule 116;
4. Motion to suspend proceedings on the ground of prejudicial question where
a civil case was filed prior to the criminal case under 11(b) Rule 116;
5. Motion to quash information on the grounds that the facts charged do not
constitute an offense, lack of jurisdiction, extinction of criminal action or
liability, or double jeopardy under Sec. 3, par. (a), (b), (g), and (i), Rule 117;
6. Motion to discharge accused as a state witness under Sec. 17, Rule 119;
7. Motion to quash search warrant under Sec. 14, Rule 126, or motion to
suppress evidence.
8. Motion to dismiss on the ground that the criminal case is a Strategic Lawsuit
against Public Participation (SLAPP) under Rule 6 of the Rules of Procedure
for Environmental Cases (A.M. No. 15-06-10-SC, Subheading Ill, item no.2
(c)).

Q: When should the comment on the meritorious of the adverse party be filed?
ANS: The comment of the adverse party shall be filed within a non-extendible period of
10 calendar days from notice/receipt of the order of the court to file the same, and the
court shall resolve the motion within a non-extl!lndible period of 10 calendar days from the
expiration of the 10-day period, with or without comment. (A.M. No. 15-06-10-SC,
Subheading Ill, item no. 2 (c)).

Q: May a motion for reconsideration be filed against a resolution of a meritorious

motion?
ANS: The motion for reconsideration of the resolution of a meritorious motion shall be
filed within a non-extendible period of 5 calendar days from receipt of such resolution, and
the adverse party shall be given an equal period of 5 calendar days from receipt of the
motion for reconsideration within which to submit its comment (A. M. No. 15-06-10-SC,
Subheading Ill, item no. 2 (c)).
Note: Motions that do not conform to the prescribed manner shall be considered
unmeritorious and shall be denied outright. (A.M. No. 15-06-10-SC, Subheading Ill, item
no. 2 (c).)

Q: When shall arraignment be set?

ANS: Unless a shorter period is provided by special law or Supreme Court circular, once
the court has acquired jurisdiction over the person of the accused, the arraignment of the
accused and the pre-trial shall be set:
1. Within 10 calendar days from the date of the court's receipt of the case for a
detained accused; or
2. Within 30 calendar days from the date the court acquires jurisdiction (either
by arrest or voluntary surrender) over a non-detained accused (A.M. No. 15-
06-10-SC, Subheading Ill, item no. 8).
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Q: What is the effect if the accused pleads guilty to the crime charged in the
information?
ANS: If the accused pleads guilty to the crime charged in the information, judgment shall
be immediately rendered, except in those cases involving capital punishment (A.M. No.
15-06-10-SC, Subheading Ill, item no. 8).

Q: What should the court do if no plea bargaining or plea of guilt takes place?
ANS: If the accused does not enter a plea of guilt, whether to a lesser offense or to the
offense charged in the information, the court shall immediately proceed with the
arraignment and the pre-trial, in accordance with the provisions on pre-trial (A.M. No. 15-
06-10-SC, Subheading Ill, item no. 8).

Q: What is the period for the conducting of mediation?

ANS: The mediation shall be terminated within a non-extendible period of 30 calendar
days from the date of referral by the court to the Philippine Mediation Center (PMC) Unit.
After the lapse of the mediation period or if mediation fails, trial shall proceed. The referral
of the case for mediation to the PMC Unit shall be made only after the conduct of the
arraignment and the pre-trial/preliminary conference (A.M. No. 15-06-10-SC, Subheading
Ill, item no. 9).

Q: What is the required form of testimony in cases covered by the Revised

Guidelines?
ANS: The required form of testimony in cases covered by the Revised Guidelines is as
follows:
1. For First Level Courts - In all criminal cases, including those covered by the
Rule on Summary Procedure, the testimonies of witnesses shall consist of
the duly subscribed written statements given to law enforcement or peace
officers or the affidavits or counter-affidavits submitted before the
investigating prosecutor. and if such are not available, testimonies shall be in
the form of judicial affidavits, subject to additional direct and cross-
examination questions. The trial prosecutor may dispense with the sworn
written statements submitted to the law enforcement or peace officers and
prepare the judicial affidavits of the affiants or modify or revise the said sworn
statements before presenting it as evidence.
2. For Second Level Courts, Sandigsnbayan, and Court of Tax Appeals -
In criminal cases where the demeanor of the witness is not essential in
determining the credibility of said witness, such as forensic chemists, medico-
legal officers, investigators, auditors, accountants, engineers, custodians,
expert witnesses and other similar witnesses, who will testify on the
authenticity, due execution and the contents of public documents and reports,
and in criminal cases that are transactional in character, such as falsification,
malversation, estafa, or other crimes where the culpability or innocence of the
accused can be established through documents, the testimonies of the
witnesses shall be the duly subscribed written statements given to law
enforcement or peace officers or the affidavits or counter-affidavits submitted
before the investigating prosecutor, and if such are not available, testimonies
shall be in the form of judicial affidavits, subject to additional direct and cross-
examination questions.

In all other cases where the culpability or the innocence of the accused is
based on the testimonies of the alleged eyewitnesses, the testimonies of
these witnesses shall be in oral form (A.M. No. 15-06-10-SC, Subheading Ill,
item no. 11).
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Q: How shall the presentation of rebuttal and sur-rebuttal evidence be conducted?
ANS: If the court grants the motion to present rebuttal evidence, the prosecution shall
immediately proceed with its presentation after the accused had rested his/her case, and
orally rest its case in rebuttal after the presentation of its last rebuttal witness. Thereafter,
the accused shall immediately present sur-rebuttal evidence, if there is any, and orally
rest the case in sur-rebuttal after the presentation of its last sur-rebuttal witness.
Thereafter, the court shall submit the case for decision (A.M. No. 15-06-10-SC,
Subheading Ill, item no. 13).

Q: What is the effect of the absence of the counsel de parte on the hearing?
ANS: In the absence of the counsel de parte, the hearing shall proceed upon
appointment by the court of a counsel de officio (A.M. No. 15-06-10-SC, item no. 13(b)).

Q: How will offer of documentary and object evidence be made in criminal cases?
ANS: The offer of evidence, the comment/objection thereto, and the court ruling thereto
shall be made orally. A party is required to make his/her oral offer of evidence on the
same day after the presentation of his/her last witness, and the opposing party is required
to immediately interpose his/her oral commenUobjection thereto. Thereafter, the court
shall make a ruling on the offer of evidence in open court.

In making the offer, the counsel shall cite thElspecific page numbers of the court record
where the exhibits being offered are found, ifattached thereto. The court shall ensure that
all exhibits offered are submitted to it on the same d<iYof thEl offer.
·1. I
If the exhibits are not attached to the record, the party making the offer must submit the
same during the offer of evidence in open court. (A.M. No. 15-06-10-SC, item no. 13(b)).

Q: What are the rules on submission of memoranda?

ANS: The submission of memoranda is discretionary on the part of the court. The period
to submit memoranda shall be non-extendible and s~_al/_not suspend the running of the
period of promulgation of the decision (A.M. No. 15-06~10-SC, Subheading Ill, item no.
1~. .

Q: When shall the court make the promulgation?

ANS: The date of the promulgation shall not be morEl than 90 days from the time the
case is submitted for decision, except wheri the case is covered by Special Rules and
other laws which provide for a shorter period (A.M. No. 15-06-10-SC, Subheading Ill, item
no. 16(a)).

P. THERlltE ON CYBERCRIMEWARRANTS{A.M. N0.17-11-03-SC}

Q: What procedures are covered by the Rule on Cybercrime Warrants?

ANS: The Rule on Cybercrime Warrants covers procedure for the application and grant
of warrants and related orders involving the preservation, disclosure, interception, search,
seizure, and/or examination, as well as the custody, and destruction of computer data, as
provided under RA No. 10175, otherwise known as the "Cybercrime Prevention Act of
2012" (A.M. No. 17-11-03-SC or Rule on Cybercrime Warrants, Sec. 1.2) [hereinafter Rule
on Cybercrime Warrants]).

Q: What is a cybercrime court?

ANS: A cybercrime court refers to any of the Regional Trial Courts which are designated
as special cybercrime courts (Rule on Cybercrime Warrants, Sec. 1.4).
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Q: Where should a criminal action for violations of the Cybercrime Prevention Act
(R.A. No. 10175) be filed?
ANS: The criminal actions shall be filed before the designated cybercrime court of the
province or city: (OCD)
1. Where the Qffense or any of its elements is committed;
2. Where any part of the ~omputer system used is situated; or
3. Where any of the Qamage caused to a natural or juridical person took place
(Rule on Cybercrime Warrants, Sec. 2.1).
Note: Provided, that the court where the criminal action is first filed shall acquire
jurisdiction to the exclusion of the other courts (Rule on Cybercrime Warrants, Sec. 2. 1)

Q: Where should an application for a cybercrime warrant be filed?

ANS: It depends on whether it is for:
1. Violations of Sec. 4 (Cybercrime offenses) and/or Sec. 5 (Other
offenses) - before any of the designated cybercrime courts of the province
or the city where the offense or any of its elements has been committed, is
being committed, or is about to be committed, or where any part of the
computer system used is situated, or where any of the damage caused to a
natural or juridical person took place. However, the cybercrime courts in
Quezon City, the City of Manila, Makati City, Pasig City, Cebu City, lloilo City,
Davao City and Cagayan De Oro City shall have the special authority to act
on applications and issue warrants which shall b~ enforceable nationwide and
outside the Philippines; or .
2. Violations of Sec. 6 (All other crimes defined and penalized by the
Revised Penal Code and other special laws, committed by, through, and
with the use of ICT) - with the regular or other specialized Regional Trial
Courts, as the case may be, within its territorial jurisdiction in the places
above-described (Rule on Cybercrime Warrants, Sec. 2.2).

Q: What are the different types of cybercrime warrants?

ANS: The following are the different types of cybercrime warrants:
1. Warrant to Disclose Computer Data (WDCD};
2. Warrant to Intercept Computer Data (WICD);
3. Warrant to Search,. Seize and Examine Comµutet Data (WSSECD); and
4. Warrant to Examine Computer Data (WECD) (Rule on Cybercrime Warrants).

Q: How will the judge examine the application for issuance of cybercrime warrant?
ANS: Before issuing a warrant, the judge must personally examine in the form of
searching questions and answers, in writing and under oath, the applicant and the
witnesses he may produce, on facts personally known to them and attach to the record
their sworn statements, together with the judicial affidavits submitted. If the judge is
satisfied that there is probable cause to believe that the facts upon which the application
for the warrant exists, he/she shall issue the same (Rule on Cybercrime Warrants, Sec.
2.4).

Q: What is the period of effectivity of a cybercrime warrant?

ANS: Any warrant issued under the Rule on Cybercrime Warrants shall only be effective
for the length of time as determined by the court, which shall not exceed a period of 10
days from its issuance. The court issuing the warrant may, upon motion, extend its
effectivity based only on justifiable reasons for a period not exceeding 10 days from the
expiration of the original period (Rule on Cybercrime Warrants, Sec. 2.5).

Q: How are cybercrime warrants served extraterritorially?

ANS: For persons or service providers situated outside of the Philippines, service of
warrants and/or other court processes shall be coursed through the Department of
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Justice-Office of Cybercrime, in line with all relevant international instruments and/or
agreements on the matter (Rule on Cybercrime Warrants, Sec. 2.8).

Q: What is a Warrant to Disclose Computer Data (WDCD)?

ANS: A WDCD is an order in writing issued in the name of the People of the Philippines,
signed by a judge, upon application of law enforcement authorities, authorizing the latter
to issue an order to disclose and accordingly, require any person or service provider to
disclose or submit subscriber's information, traffic data, or relevant data in his/her or its
possession or control (Rule on Cybercrime Warrants, Sec. 4.2).

Q: What is a Warrant to Intercept Computer Data (WICD)?

ANS: A WICD is an order in writing issued in the name of the People of the Philippines,
signed by a judge, upon application of law enforcement authorities, authorizing the latter
to carry out any or all of the following activities: (a) listening to, (b) recording, (c)
monitoring, or (d) surveillance of the content of communications, including procuring of
the content of computer data, either directly, through access and use of a computer
system or indirectly, through the use of electronic eavesdropping or tapping devices, at
the same time that the communication is occurring (Rule on Cybercrime Warrants, Sec.
5.2).

Q: What is the period for filing an objectid,\/challenge to the interception of data?

ANS: Within 1O days from notice, the pe~ whose communications or computer data
have been intercepted may challenge, by rtiotiQQ,the legality of the interception before
the issuing court (Rule on Cybercrime Wammts;Sec.\5:(?j,,

Q: What is a Warrant to Search, Seize and Examine Co~Uter Data (WSSECD)?

ANS: A WSSECD is an order in writing issued in the name of the People of the
Philippines, signed by a judge, upon application of !awl enforcement authorities,
authorizing the latter to search the particularJ>lace for items to be seized and/or examined
(Rule on Cybercrime Warrants, Sec. 6.1).

Q: What is the "Off-site and On-site Principle?"

ANS: The Off-site and On-site Principle provides that law enforcement authorities shall,
if the circumstances so allow, endeavor to~~ p;it:!ke a forensic image of the computer
data on-site as well as limit their search to ttie,j)fg~i:;ified in the warrant. Otherwise,
an off-site search may be conducted, provided that a forensic image is, nevertheless,
made, and that the reasons for the said search are stated in the initial return (Rule on
Cybercrime Warrants, Sec. 6.4).

Q: What is the remedy of a person whose computer devices or computer system

has been searched and seized off-site?
ANS: A person whose computer devices or computer system has been searched and
seized off-site may, upon motion, seek the return of the said items from the court issuing
the WSSECD: Provided, that a forensic image of the computer data subject of the
WSSECD has already been made. The court may grant the motion upon its determination
that no lawful ground exists to otherwise withhold the return of such items to him (Rule on
Cybercrime Warrants, Sec. 6.4).

Q: What must an arresting officer do to lawfully search or examine a computer

device acquired by him via a lawful warrantless arrest?
ANS: Upon acquiring possession of a computer device or computer system via a lawful
warrantless arrest, or by any other lawful method, law enforcement authorities shall first
apply for a warrant before searching the said computer device or computer system for the
purpose of obtaining for forensic examination the computer data contained therein. The
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warrant therefor shall be denominated as a Warrant to Examine Computer Data (WECD)

(Rule on Cybercrime Warrants, Sec. 6.9).

Q: How may computer data in the custody of court be accessed?

ANS: Only upon motion duly granted by the court; otherwise. the package containing the
computer data deposited with the court shall not be opened, or the recordings replayed,
or its contents revealed, or, in any manner, used as evidence (Rule on Cybercrime
Warrants, Sec. 7.3).

Q: In what instances may the court order the destruction or return of items seized?
ANS: The court may order the complete or partial destruction, or return to its lawful
owner or possessor, of the computer data, or any of the related items turned over to its
custody in the following instances:
1. Upon motion and due hearing, for justifiable reasons; or
2. Motu proprio, and upon written notice to all parties concerned, if no
preliminary investigation or case involving these items has been instituted
after 31 days from their deposit, or if preliminary investigation has been so
instituted within this period, upon finality of the prosecutor's resolution finding
lack of probable cause (Rule on Cybercrime Warrants, Sec. 8.2).

Q: How is the destruction of items seized by virtue of a Cybercrime Warrant done?

ANS: The destruction of computer data and related items, if so ordered by the court,
shall be made in the presence of the Sranch Clerk-of-Court, or in his/her absence, in the
presence of any other person duly designated by the court to witness the same. The
accused or the person/s from whom such items were seized, or his/her representative or
counsel, as well as the law enforcement officer allowed access to such items as indicated
in the inventory, or his/her duly authorized representative, may also be allowed to witness
the said activity. The storage device, or other items turned over to the court's custody,
shall be destroyed by shredding, drilling of four holes through the device, prying the
platters apart, or other means in accordance with internabonal standards that will
sufficiently make it inoperable (Rule on Cybercrime Warrants, Sec. 8.3).

VII. Evidence
A. GENERALCONCEPTS

Q: What is Evidence?
ANS: Evidence is the means, sanctioned by the Rules of Court, of ascertaining in a
judicial proceeding, the truth respecting a matter of fact (ROC, Rule 128, Sec. 1).

Q: What is the scope of applicability of the rules of evidence?

ANS: The rules of evidence shall be the same in all courts and in all trials and hearings,
except as otherwise provided by law or these rules (ROG, Rule 128, Sec. 2).

Q: What are the instances when the technical rules of evidence are not applicable?
(EL-CaN-lnO-LP)
ANS: Technical rules of evidence are not applicable in the following instances:
1. 5.lection cases;
2. band registration;
3. Cadastral proceedings;
4. Naturalization proceedings;
5. Jnsolvency proceedings;