AMICI REVIEW CENTER

CRIMINAL
PROCEDURE
ATTY. JAY M. FERRARO
THE LAW ON PHILIPPINE
CRIMINAL PROCEDURE
 KATARUNGANG
PAMBARANGGAY LAW
 PD 1508 – Original Katarungang
Pambaranggay Law.
 Now the Katarungang
Pambarangay is found in RA
7160, The Local Government
Code.
LOCAL GOVERNMENT CODE
SECTION 399-422
AQUILINO “NENE” PIMENTEL –
Father of Local Government
Code and Katarungang
Pambarangay Law.
 COMPOSITION OF LUPON
TAGAPAMAYAPA
Section 399. Lupong Tagapamayapa. -
(a) In each barangay a lupong
tagapamayapa, is created, composed of the
punong barangay, as chairman and ten (10)
to twenty (20) members.
(b) Any person actually residing or working, in
the barangay, not otherwise expressly
disqualified by law, and possessing integrity,
impartiality, independence of mind, sense of
fairness, and reputation for probity, may be
appointed a member of the lupon.
LUPON SECRETARY
Secretary of the Lupon. - The
barangay secretary shall
concurrently serve as the
secretary of the lupon. He shall
record the results of mediation
proceedings before the punong
barangay and shall submit a
report thereon to the proper city
or municipal courts.
PANGKAT NG
TAGAPAGKASUNDO
(a) There shall be created for each dispute brought
before the lupon a conciliation panel to be known
as the pangkat ng tagapagkasundo, consisting of
three (3) members who shall be chosen by the
parties to the dispute from the list of members of the
lupon.
Should the parties fail to agree on the pangkat
membership, the same shall be determined by lots
drawn by the lupon chairman.
(b) The three (3) members constituting the pangkat
shall elect from among themselves the chairman
and the secretary. Secretary shall issue and cause to
be served notices to the parties concerned.
 JURISDICTION OF THE LUPON
The lupon of each barangay shall have authority to bring
together the parties actually residing in the same city or
municipality for amicable settlement of all disputes except:

(a) Where one party is the government, or any subdivision or

instrumentality thereof;
(b) Where one party is a public officer or employee, and the
dispute relates to the performance of his official functions;
(c) Offenses punishable by imprisonment exceeding one (1) year
or a fine exceeding Five thousand pesos (P5,000.00);
(d) Offenses where there is no private offended party;
(e) Where the dispute involves real properties located in different
cities or municipalities unless the parties thereto agree to
submit their differences to amicable settlement by an
appropriate lupon;
(f) Disputes involving parties who actually reside in
barangays of different cities or municipalities, except
where such barangay units adjoin each other and the
parties thereto agree to submit their differences to
amicable settlement by an appropriate lupon;
(g) Such other classes of disputes which the President may
determine in the interest of Justice or upon the
recommendation of the Secretary of Justice.

The court in which non-criminal cases not falling within

the authority of the lupon under this Code are filed
may, at any time before trial motu propio refer the
case to the lupon concerned for amicable settlement.
SUSPENSION OF PRESCRIPTIVE
PERIOD
While the dispute is under mediation,
conciliation, or arbitration, the prescriptive
periods for offenses and cause of action under
existing laws shall be interrupted upon filing
the complaint with the punong barangay. The
prescriptive periods shall resume upon receipt
by the complainant of the complainant or the
certificate of repudiation or of the certification
to file action issued by the lupon or pangkat
secretary: Provided, however, That such
interruption shall not exceed sixty (60) days
from the filing of the complaint with the
punong barangay.
 CONDITION BEFORE GOING TO
COURT
No complaint, petition, action, or
proceeding involving any matter within the
authority of the lupon shall be filed or
instituted directly in court or any other
government office for adjudication, unless
there has been a confrontation between the
parties before the lupon chairman or the
pangkat, and that no conciliation or
settlement has been reached as certified by
the lupon secretary or pangkat secretary as
attested to by the lupon or pangkat
chairman or unless the settlement has been
repudiated by the parties thereto.
PERSONAL APPEARANCE/NO
LAWYERS ALLOWED
In all Katarungang Pambarangay
proceedings, the parties must
appear in person without the
assistance of counsel or
representative, except for minors
and incompetents who may be
assisted by their next-of-kin who are
not lawyers.
 EFFECT OF AMICABLE
SETTLEMENT
The amicable settlement and
arbitration award shall have the force
and effect of a final judgment of a
court upon the expiration of ten (10)
days from the date thereof, unless
repudiation of the settlement has
been made or a petition to nullify the
award has been filed before the
proper city or municipal court.
THE RULES ON CRIMINAL
PROCEDURE
 A.M. No. 00-5-03-SC.
 This is the Proposed Revised
Rules of Criminal Procedure
 Approved by the Supreme
Court, October 3, 2000.
 Effective December 1, 2000.
RULE 110

PROSECUTION OF
OFFENSES
Institution of criminal
actions.– Criminal actions
shall be instituted as
follows:
(a) For offenses where a preliminary investigation is
required pursuant to section 1 of Rule 112, by filing the
complaint with the proper officer for the purpose of
conducting the requisite preliminary investigation.
(b) For all other offenses, 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. In Manila and other chartered
cities, the complaints shall be filed with the office of the
prosecutor unless otherwise provided in their charters
(Rule 110 Sec. 1)
INSTITUTION OF CRIMINAL
ACTIONS
I. Those that require preliminary
investigation (punishable by 4 years 2
months and 1 day and over)
Note: File the case with City or Provincial
Prosecutors for the purpose of
conducting preliminary investigation.
2. Those which do not require preliminary
investigation (punishable by less than 4 years,
2months and 1 day)

Note: File the complaint or information

directly with:
 Municipal Trial Courts
 Municipal Circuit Trial Courts; or
 Office of the Prosecutor
Note: But in Manila and other chartered
cities, the complaint shall be filed with the
Office of the Prosecutor unless otherwise
provided in their charters.
COMPLAINT

Complaint defined. – A complaint

is a sworn written statement
charging a person with an
offense, subscribed by the
offended party, any peace
officer, or other public officer
charged with the enforcement of
the law violated. (Rule 110. Sec.
3).
Offended party/complainant/aggrieved
party.
 Complainant – refers to the
complaining party in the Prosecutor’s
Office.
 Respondent– is the opposite of the
Complainant in the Prosecutor’s Office
 Plaintiffs – the complainants in a
criminal case which is filed in court. The
Plaintiffs in criminal cases are the
People of the Philippines.
INFORMATION
Information defined. – An
information is an accusation in
writing charging a person with an
offense, subscribed by the
prosecutor and filed with court
(Rule 110 Sec. 4).
BOARD: The public prosecutor (also
known as the fiscal) is the proper
authority to subscribe in which of
the following?

a. Complaint
b. Affidavit
c. Information
d. Subpoena
BOARD: Who acts as the lawyer of
the Government/ State in
criminal cases?

a. Public prosecutor
b. Private prosecutor
Board: The principal law office of
the Philippine government.

a. OSG (Office of the Solicitor

General)
b. DOJ
c. FLAG
d. IBP (Integrated Bar of the
Philippines)
BOARD: Prosecution
(prosecutors) and even Public
defenders are under:

a. Executive
b. Legislative
c. Judicial
d. None of the above
 BOARD: How do you treat the People
of the Philippines in a “criminal
case”?

a. Complainant
b. Plaintiffs
c. Respondent
d. Accused
e. Suspect
f. Defendant
BOARD: It is a sworn statement which
should be done in writing, made
under oath before an authorized
person or magistrate such as a
prosecutor or a judge.

a. Affidavit
b. Subpoena
c. Warrant
d. Mittimus
DISTINCTIONS BETWEEN COMPLAINT
AND INFORMATION
COMPLAINT INFORMATION

As to maker: •Offended party Public

•Peace officer prosecutor only
•Other public officer
charged with
enforcement of the law
As to oath: Must be sworn to by the Need not be
makers sworn to.

As to where Maybe filed either before Filed only in the

filed: the prosecutor’s office or court
the court directly
FORUM SHOPPING
There is forum-shopping
whenever, as a result of an
adverse opinion in one forum, a
party seeks a favorable opinion
(other than by appeal
or certiorari) in another
(villanueva vs. adre, 172 SCRA
176.
WHO PROSECUTES CRIMINAL ACTION

All criminal actions

commenced by a
complaint or information
shall be prosecuted under
the direction and control
of the prosecutor.
In case of heavy work schedule of the
public prosecutor or in the event of
lack of public prosecutors, the private
prosecutors may be authorized in
writing by the Chief of the Prosecution
Office or the Regional State Prosecutor
to prosecute the case subject to the
approval of the court.
Once so authorized to prosecute the
criminal action, the private prosecutor
shall continue to prosecute the case up
to the end of trial even in the absence
of the public prosecutor, unless the
authority is revoked or withdrawn.
However, in Municipal Trial Courts
or Municipal Circuit Trial Courts
when the prosecutor assigned
thereto or to the case is not
available, the offended party, any
peace officer, or public officer
charged with the enforcement of
the law violated may prosecute
the case. This authority shall cease
upon actual intervention of the
prosecutor or upon elevation of
the case to the Regional Trial
Court.
The crimes of adultery and
concubinage shall not be
prosecuted except upon a
complaint filed by the offended
spouse.
The offended party cannot
institute criminal prosecution
without including both the guilty
parties, if both are alive, nor in any
case, if the offended party has
consented to the offense or
pardoned the offenders.
WHO CAN PROSECUTE SEDUCTION, ABDUCTION
AND ACTS OF LASCIVIUOSUNESS

 Offended party
 Her parents
 Grandparents
 Guardian
 State
 PRIVATE CRIMES
Private crimes cannot be
prosecuted de officio
This means the prosecutor
cannot by himself alone
prosecute these crimes unless
the offended party himself or
herself in adultery or
concubinage has done so.
Q: In adultery or concubinage, the
government cannot file the case
unless the offended husband or wife
files the case. Why is this so?

A: This is because the offended

husband or wife may rather choose
to suffer the outrage in silence rather
than be scandalized by the public
revelation of the infidelity of his or her
spouse.
Q: WHY IS PROSECUTION
PLACED UNDER THE
AUTHORITY OF A PUBLIC
PROSECUTOR?
A: To prevent malicious or
unfounded prosecutions by
private persons.
WHAT IS THE PRIME DUTY OF A
PUBLIC PROSECUTOR
 Contrary to popular belief, the prime
duty of a public prosecutor is not to
convict the accused but see to it that
justice is done.
 They have the duty to prosecute
offenders, but they also have the equal
duty not to prosecute when the
evidence is not sufficient to establish at
least a prima facie case.
BOARD: All of the following (private
crimes) are prosecuted only after
a complaint filed by the offended
party, the parents, or
grandparents, EXCEPT:

a. Abduction
b. Seduction
c. Acts of lasciviousness
d. Rape
BOARD: Who represents the
People of the Philippines in trial
courts in criminal cases?

a. Public Prosecutor
b. Solicitor General
c. Ombudsman
d. Private Prosecutor
BOARD: Who represents the People of
the Philippines in criminal cases
on appeal to the Court of Appeals
or Supreme Court?

a. Public Prosecutor
b. Solicitor General
c. Ombudsman
d. Private Prosecutor
BOARD: The prosecution of all
criminal actions commenced by a
complaint or information shall be
under the direct control and
supervision of:

a. Public prosecutor
b. Private prosecutor
c. Judge
d. Complainant
 GENERAL RULE: The filing of
information is discretionary to the
public prosecutor.
 HOWEVER: If he does not file a case
despite of existence of probable
cause, the filing may be done by
the offended party:
a. File a Motion for Reconsideration
with the Office of the Prosecutor
b. File a Petition for Review with the
DOJ
c. File administrative charges
against the prosecutor.
d. File a case of violation of
Article 208 of the RPC.
e. File civil case for damages
against the prosecutor under
Article 27 of the Civil Code of
the Philippines.
Q: IF THE NAME OF THE ACCUSED WAS
STATED INCORRECTLY IN THE
INFORMATION, WHEN MUST HE
CHALLENGE THE INCORRECT NAME?

A: Before arraignment, otherwise the

ground to object to it is considered
waived (normally he can file a
motion to quash based on lack of
jurisdiction over his person)
Q: WHICH IS CONTROLLING WHEN
THERE IS CONFLICT BETWEEN THE
DESIGNATION OF THE OFFENSE
AND THE BODY OF THE
INFORMATION?

A: The body of the information is

controlling (should prevail) over the
erroneous designation or caption.
WHAT WILL HAPPEN IF THE FISCAL FORGOT TO
INCLUDE AND STATE IN THE INFORMATION THE
AGGRAVATING OR QUALIFYING CIRCUMSTANCES
OF A CERTAIN CRIME?
 The aggravating or qualifying circumstances
cannot be considered by the court to raise the
penalty if they were not specifically alleged in
the information. (However, for purposes of
fixing the civil liability of the accused they may
still be considered).
 Reason: The accused has the right to be
informed of the nature and cause of
accusation against him.
Q: What is the effect of generic
aggravating circumstance?

A: It will increase the penalty for the crime

committed in its maximum period.

Q: What is the effect of qualifying

aggravating circumstance?

A: It changes the nature of the crime or

increase the crime to the next higher
level.
Q: IN A CASE OF LIBEL, HOW
SHOULD THE LIBELOUS STATEMENT
BE ALLEGED IN THE INFORMATION?

A: In libel cases, the information must

set out the defamatory words
verbatim and as published. Stating
them in the own words of the
complainant or fiscal or in
substance is not sufficient.
DATE OF THE COMMISSION OF
THE OFFENSE
It is not necessary to state in the complaint
or information the precise date the
offense was committed. EXCEPT: When
date is a material ingredient of the
offense it must be stated precisely or the
offense may be alleged to have been
committed on a date as near as possible
to the actual date of its commission (Rule
110. Sec. 11)
 DUPLICITY OF OFFENSE

A complaint or information
must charge only one offense,
except when the law
prescribes a single
punishment for various
offenses (Rule 110. Sec. 13).
 DUPLICITOUS INFORMATION,
DEFINED
 By duplicity of charges is meant a
single complaint or information that
charges more than one offense.
 Otherwise stated, there is duplicity
(or multiplicity) of charges when a
single Information charges more
than one offense (Soriano vs. People, June
30, 2009).
Q: What should the accused
do if the information against
him is a duplicitous
information?

A: He should file a motion to

quash immediately (before
arraignment).
 EFFECT IF THE ACCUSED DID NOT OBJECT
TO DUPLICITOUS INFORMATION
 When an accused fails to file a
motion to quash, he is thus, deemed
to have waived the defect in the
Information, for being duplicitous
 An accused, who fails to object
prior to arraignment to a duplicitous
information, may be found guilty of
any or all of the crimes alleged
therein and duly proven during the
trial
 AMENDMENT OF COMPLAINT
OR INFORMATION
 A complaint or information may be amended, in
form or in substance, without leave of court , at
anytime before the accused enters his plea.
 After the plea and during the trial, a formal
amendment may only be made with leave of court
and when it can be done without causing
prejudice to the rights of the accused.
 However, any amendment before plea (before
arraignment), which downgrades the nature of the
offense charged in or excludes any accused from
the complaint or information, can be made only:
A. upon motion by the prosecutor,
B. with notice to the offended party and
C. with leave of court. (Rule 110 Section 14)
SUBSTITUTION OF
COMPLAINT/INFORMATION
If it appears at any time before judgment that a
mistake has been made in charging the proper
offense, the court shall dismiss the original
complaint or information upon the filing of a
new one charging the proper offense in
accordance with section 19, Rule 119, provided
the accused shall not be placed in double
jeopardy. The court may require the witnesses
to give bail for their appearance at the trial
(Rule 110 Sec. 14).
LEAVE OF COURT

Meaning:
“Permission of
the Court”.
 TRANSITORY CRIME (continuing
offense), DEFINED
It is a crime in which some acts material and
essential thereto occur in one province
and some in another. In such case, the
court of either province where any of the
essential ingredients of the offense took
place has jurisdiction to try the case.
Examples: abduction, estafa and
malversation, and rebellion and evasion
of service of sentence. (Parulan vs. Director of Prisons
22 SCRA 640 cited in Moreno Philippine Law Dictionary, page 961).
 CONTINUOUS CRIME
A single crime consisting of a series
of acts but all arising from one
criminal resolution.
 A continuous, unlawful act or series
of acts set on foot by a single
impulse and operated by
unintermittent force, however long
time it may occupy (cited in
Federico Moreno, Philippine Law
Dictionary page 204).
Q: What is the effect if a criminal
case is brought in the wrong
venue?

A: The court has no jurisdiction

and the case will be dismissed
therein.
Q: What is the purpose of fixing
the venue in criminal cases?

A: For the convenience of

both the complainant and
the accused. It would cause
them inconvenience to look
for their witnesses and pieces
of evidence somewhere else.
Intervention of the offended party in
criminal action. — 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.
(Rule 110 Sec. 16)
This is where a private
prosecutor may appear for the
complainant.
But he is subject to supervision
by public prosecutor
The role of private prosecutor is
to represent the victim with
respect to recovery of civil
liability
Q: When can the offended
party intervene in a criminal
case?

A: When the offended party

has instituted the civil action
for the recovery of civil
liability in the criminal action,
then he may intervene.
Q: When can the offended party
be prohibited to intervene in the
criminal action?
Answers:

 When the offended party waives the

civil action
 When the offended party reserves the
right to institute the civil action in a
separate case;
 When the offended party has filed the
civil action separately from the criminal
action.
RULE 111

PROSECUTION
OF CIVIL
ACTIONS
 INSTITUTION OF CRIMINAL
AND CIVIL ACTIONS
GENERAL RULE: When a criminal action is
instituted, the civil action for the recovery of
civil liability arising from the offense charged
shall be deemed instituted with the criminal
action. UNLESS: (EXCEPTIONS)
 the offended party waives the civil action,
 reserves the right to institute it separately OR
 institutes the civil action prior to the criminal
action (Rule 111. Sec. 1).
 Q: When do you reserve to institute
the separate civil action?

A: The reservation of the right

to institute separately the civil
action shall be made before
the prosecution starts
presenting its evidence (Rule 111
Section 1 2nd paragraph).
Q: Why is reservation
required?

A: To prevent the victim

from recovering damages
twice from the same act
or omission of the
accused.
(b) The criminal action for violation of Batas
Pambansa Blg. 22 shall be deemed to include the
corresponding civil action. No reservation to file such
civil action separately shall be allowed.
Upon filing of the aforesaid joint criminal and civil
actions, the offended party shall pay in full the filing
fees based on the amount of the check involved,
which shall be considered as the actual damages
claimed. Where the complaint or information also
seeks to recover liquidated, moral, nominal,
temperate or exemplary damages, the offended party
shall pay additional filing fees based on the amounts
alleged therein. If the amounts are not so alleged but
any of these damages are subsequently awarded by
the court, the filing fees based on the amount
awarded shall constitute a first lien on the judgment
(7th and 8th pars.)
RULE ON CONSOLIDATION

Q: What is the rule on consolidation?

A: The rule on consolidation states
that when the civil action has been
filed separately by the victim, but its
trial has not yet commenced, then
it may be consolidated with the
criminal action with the court trying
the criminal case.
Q: What happens to the separate civil
action when a criminal action has been
commenced?

A: 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
(Rule 111 Section 2).
DOCTRINE OF PRIMACY OF
CRIMINAL ACTIONS
Q: Why are criminal cases
given priority over civil
cases?

A: The criminal case is given

priority because it involves
the liberty and sometimes
even the life of the
accused.
 WHAT ARE THE INDEPENDENT
CIVIL ACTIONS?
1. Violation of certain rights and liberties of a person
committed by a public officer or employee or a
private individual such as freedom of religion, speech
press, arbitrary detention, deprivation of property
without due process, just compensation, privacy of
communication, peaceable assembly, excessive bail
etc. (32 Civil Code)
2. Defamation, fraud and physical injury cases. (33)
3. Member of police forces who fails or refuses to render
aid or protection to any person in case of danger to
life or property(34)
4. Act or omission causing damage to another there
being fault or negligence and there is no pre existing
contractual relation between the parties. ( This is
known as: Quasi Delict) (2176)
What is the effect of an
independent civil actions?

A: It shall proceed
independently of
the criminal action.
What is the quantum of proof
required to prove independent civil
actions?

A: Only preponderance of
evidence is required.
What is the effect of death of the
accused on the civil actions?
1. If he dies before arraignment- the
case shall be dismissed (but the
victim may still file any civil action
against the estate of the deceased)
2. If he dies after arraignment- the civil
liability arising from the delict is
extinguished (Rule 111. Section 4).
If he dies during the
pendency of appeal,
the civil liability arising
from the delict is
extinguished
Q: What is the effect in the criminal
action of any decision of the court
on the civil action?
A: A final judgment rendered in a
civil action absolving the
defendant from civil liability is not
a bar to a criminal action against
the defendant for the same act or
omission subject of the civil action
(Rule 111 Sec.5)
WHAT IS A PREJUDIAL QUESTION?
It is one which arises in a case, the
resolution of which is a logical
antecedent of the issue involved
therein and the cognizance of
which pertains to another
tribunal
Where do you file a petition for
suspension of criminal case
because of a certain prejudicial
question?
1. Office of the Prosecutor; or
2. Court.
But if the case is already filed in
court, it must be filed in the court
trying the criminal case before the
prosecution rests (Rule 11. Sec.6).
REASON FOR SUSPENDING CRIMINAL CASES
BECAUSE OF PREJUDICIAL QUESTIONS

To avoid conflicting or
absurd decisions
between two courts.
What are the elements of
prejudicial questions?

(a) the previously instituted civil action

involves an issue similar or intimately
related to the issue raised in the
subsequent criminal action, and
(b) the resolution of such issue determines
whether or not the criminal action may
proceed (Rule 111 Sec.7).
RULE 112

PRELIMINARY
INVESTIGATION
PRELIMINARY INVESTIGATION
Preliminary investigation is an inquiry
or proceeding to determine
whether there is sufficient ground
to engender a well-founded belief
that a crime has been committed
and the respondent is probably
guilty thereof, and should be held
for trial (Rule 112 Sec.1)
NATURE OF PRELIMINARY
INVESTIGATION
 Not part of trial
 Maybe conducted ex parte
 Part of due process
 It is an executive function
 May be done even if the
complainant and respondent are
not represented by lawyers
When is it required to conduct
preliminary investigation?

A preliminary investigation is
required to be conducted
before the filing of a compliant
or information for an offense
where the penalty prescribed
by law is at least four (4) years,
two (2) months and one (1)
day without regard to the fine.
WHAT SHOULD THE COURT DO IF THERE WAS NO
PRELIMINARY INVESTIGATION CONDUCTED BY
THE FISCAL?
 The judge should not dismiss the
case.
 He should order the fiscal to
conduct a preliminary
investigation.
 Meanwhile, the case is held in
abeyance.
WHEN MUST THE ACCUSED ARGUE
THAT THERE WAS NO PRELIMINARY
INVESTIGATION CONDUCTED?

Before entering his plea. If

he does not do it, the right
to a preliminary
investigation is deemed
waived by him.
Who are the officers who are
authorized to conduct preliminary
investigation?
(a) Provincial or City Prosecutors and their
assistants;
(b) National and Regional State Prosecutors;
and
(c) Other officers as may be authorized by
law.

Note: Under AM No. 05-8-06, judges Municipal Trial

Courts and Municipal Circuit Trial Courts are no
longer allowed to conduct preliminary investigation
 PROCEDURE IN P.I.
 The complaint shall state the address of the
respondent and shall be accompanied by the
affidavits of the complainant and his witnesses, as
well as other supporting documents to establish
probable cause.
 They shall be in such number of copies as there are
respondents, plus two (2) copies for the official file.
 The affidavits shall be subscribed and sworn to
before any prosecutor or government official
authorized to administer oath, or, in their absence or
unavailability, before a notary public (Rule 112 Sec.
3).
Within ten (10) days after the
filing of the complaint, the
investigating officer shall either
dismiss it if he finds no ground to
continue with the investigation,
or issue a subpoena to the
respondent attaching to it a
copy of the complaint and its
supporting affidavits and
documents (ibid).
 Within ten (10) days from receipt of the
subpoena with the complaint and
supporting affidavits and documents, the
respondent shall submit his counter-
affidavit and that of his witnesses and
other supporting documents relied upon
for his defense.
 The counter-affidavits shall be subscribed
and sworn to and certified as provided in
paragraph (a) of this section, with copies
thereof furnished by him to the
complainant.
 The respondent shall not be allowed to file
a motion to dismiss in lieu of a counter-
affidavit.
BOARD: In a preliminary investigation
the respondent is prohibited to file
this:

a. Counter Affidavit
b. Affidavit of his witnesses
c. Supporting documents and
annexes and exhibits
d. Motion to dismiss
If the respondent cannot be
subpoenaed, or if subpoenaed,
does not submit counter-
affidavits within the ten (10) day
period, the investigating office
shall resolve the complaint
based on the evidence
presented by the complainant
Q: When can preliminary
investigation be conducted ex
parte?

A: If the respondent can not be

subpoenaed or does not
appear before the Fiscal’s
Office when required to
appear.
 The investigating officer may set a hearing
if there are facts and issues to be clarified
from a party or a witness.
 The parties can be present at the hearing
but without the right to examine or cross-
examine. They may, however, submit to
the investigating officer questions which
may be asked to the party or witness
concerned.
 The hearing shall be held within ten (10)
days from submission of the counter-
affidavits and other documents or from the
expiration of the period for their
submission. It shall be terminated within
five (5) days
 BOARD: How many days is given to
the Prosecutor to issue subpoena
to the respondent?

a. Ten days
b. Fifteen days
c. Five days
d. Thirty days
If fiscal believes
there is probable
cause, he shall
make the
resolution and
information.
He shall forward his
resolution (within 5 days) to
the Provincial or City
Prosecutor or Chief State
Prosecutor, or the
Ombudsman for their
review of his resolution.
No complaint or information
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
Ombudsman or his Deputy
(Rule 112. Sec. 4).
Resolution of investigating prosecutor and its
review. – If the investigating prosecutor finds
cause to hold the respondent for trial, he shall
prepare the resolution and information. He shall
certify under oath in the information that he, or
as shown by the record, an authorized officer,
has personally examined the complainant and
his witnesses; that there is reasonable ground to
believe that a crime has been committed and
that the accused is probably guilty thereof; that
the accused was informed of the complaint
and of the evidence submitted against him;
and that he was given an opportunity to submit
controverting evidence. Otherwise, he shall
recommend the dismissal of the complaint
(Rule 112. Section 4).
 Within five (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
offenses cognizable by the Sandiganbayan in
the exercise of its original jurisdiction. They shall
act on the resolution within ten (10) days from
their receipt thereof and shall immediately
inform the parties of such action.
No complaint or information 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 Ombudsman or his Deputy
(Rule 112. Sec.4)
 Where the investigating prosecutor
recommends the dismissal of the
complaint but his recommendation is
disapproved by the Provincial or City
Prosecutor or Chief State Prosecutor or
the Ombudsman or his Deputy on the
ground that a probable cause exists,
the latter may, by himself, file the
information against the respondent, or
direct another Assistant Prosecutor or
State Prosecutor to do so without
conducting another preliminary
investigation (Rule 112 Sec. 4).
 If upon petition by a proper party under such
rules as the Department of Justice may
prescribe or motu propio, the Secretary of
Justice reverses or modifies the resolution of
the Provincial or City Prosecutor or Chief
State Prosecutor, he shall direct the
prosecutor concerned either to file the
corresponding information without
conducting another preliminary investigation,
or to dismiss or move for dismissal of the
complaint or information with notice to the
parties. The same rule shall apply in
preliminary investigations conducted by the
officers of the Office of the Ombudsman
(Rule 112 Sec. 4).
RULE ON APPEAL TO
SECRETARY OF JUSTICE

1. The appeal shall be made within

15 days from receipt of the
resolution of the fiscal, (or 15 days if
a motion for reconsideration or
reinvestigation if one has been
filed).
BOARD: Public prosecutors (also
known as fiscals are under the
control of which of the following
governmental agencies?

a. Supreme Court
b. DILG
c. DOJ
d. OSG
WHAT HAPPENS WHEN THE FISCAL WANTS
TO DISMISS THE CASE BUT THE HIGHER
PROSECUTOR INSISTS THAT HE SHOULD?
He cannot be allowed to refuse to
prosecute the case. At least what he
can do is to continue appearing for
the prosecution and turn over the
presentation of evidence to another
fiscal or private prosecutor. If no one
is available he should proceed to
discharge his duties and let the court
decide
ISSUANCE OF WARRANT OF
ARREST
If the judge upon receipt of the information is
satisfied that a probable cause exists then he
shall issue a warrant of arrest or a
commitment order if the accused is already
arrested.

If he thinks there is no probable cause he may

immediately dismiss the case.
WHEN IS THE ISSUANCE OF
WARRANT OF ARREST NOT
NECESSARY?
 If the accused is already under
detention, pursuant to a warrant
 If the accused is already lawfully
arrested without a warrant.
 The offense is punishable by a fine only
(Rule 112. sec. 5).
PROCEDURE WHEN THE ACUSED IS LAWFULLY
ARRESTED WITHOUT A WARRANT

When a person is lawfully arrested

without a warrant involving an
offense which requires preliminary
investigation, the complaint or
information may be filed by the
prosecutor without need of such
preliminary investigation as long as
an INQUEST has been conducted.
Before the complaint or information is
filed, the person arrested may ask for a
preliminary investigation, but he must
sign a WAIVER OF ARTICLE 125 OF THE
RPC, in the presence of counsel.

Notwithstanding the waiver, he may

apply for bail and the investigation
must be terminated within 15 days from
its inception (ibid).
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, ask
for a preliminary investigation
(ibid).
CASES NOT REQUIRING P.I. NOR
COVERED BY SUMMARY PROCEDURE
 If filed with fiscal – The prosecutor shall act on the
complaint based on the affidavits and other
supporting documents submitted by the
complainant within ten days from its filing.
 If filed with Municipal Trial Court – If within ten
days from filing of the complaint or information,
the judge finds no probable cause, he shall
dismiss the case. When there is probable cause,
he shall issue a warrant of arrest, or a
commitment order (if the accused had already
been arrested). If the judge thinks that there is no
need for placing the accused in custody, he
may only issue summons, instead of a warrant of
arrest.
PROBABLE CAUSE
Probable cause exists when the
evidence submitted to the inquest
officer engenders a well founded
belief that a crime has been
committed and that the arrested
or detained person is probably
guilty thereof. If there is probable
cause, he shall prepare the
corresponding information.
What happens if a case is filed in
court without conducting
preliminary investigation?
After the filing of the complaint or
information in court without a
preliminary investigation, the
accused may, within five (5) days
from the time he learns of its filing,
ask for a preliminary investigation
with the same right to adduce
evidence in his defense.
SUMMONS

Summons are issued if the

judge is satisfied that there
is no necessity of placing
the accused under arrest
or custody, this is in lieu of a
warrant of arrest.
RULE 113

ARREST
ARREST

Arrest is the taking of a

person into custody in order
that he may be bound to
answer for the commission
of an offense (Rule 113.
Sec. 1)
JOHN DOE WARRANT OF
ARREST
A John Doe warrant of arrest
is void unless there is a
descriptio personae. The
same is true with blank
warrant of arrest without
any name or description of
the person to be arrested.
ARREST; HOW MADE

An arrest is made by an
actual restraint of a person
to be arrested, or by his
submission to the custody
of the person making the
arrest (Rule 113. sec. 2).
ARREST, HOW MADE

No violence or
unnecessary force
shall be used in
making an arrest (ibid).
DUTY OF ARRESTING
OFFICER
It shall be the duty of the officer
executing the warrant to
arrest the accused and
deliver him to the nearest
police station or jail without
unnecessary delay (Rule 113.
sec. 3).
EXECUTION OF WARRANT
OF ARREST
The head of the office to whom the warrant
of arrest was delivered for execution shall
cause the warrant to be executed within
ten (10) days from its receipt. Within ten
(10) days after the expiration of the
period, the officer to whom it was
assigned for execution shall make a
report to the judge who issued the
warrant. In case of his failure to execute
the warrant, he shall state the reason
therefore (Rule 113. Sec. 4)
BOARD: The warrant of arrest remains
valid until:

a. It is recalled, quashed or served or

lifted.
b. After the lapse of ten days from its
issuance by the judge
c. After the lapse of ten days from
receipt by the officers of the law.
d. After the lapse of the period for
perfecting an appeal.
 WARRANTLESS ARREST
A peace officer or a private person may, without a warrant,
arrest a person:

(a) When, in his presence, the person to be arrested has

committed, is actually committing, or is attempting to
commit an offense;
(b) When an offense has just been committed and he has
probable cause to believe based on personal knowledge
of facts or circumstances that the person to be arrested
has committed it (HOT PURSUIT); and
(c) When the person to be arrested is a prisoner who has
escaped from a penal establishment or place where he is
serving final judgment or is temporarily confined while his
case is pending, or has escaped while being transferred
from one confinement to another.

In cases falling under paragraphs (a) and (b) above, the person
arrested without a warrant shall be forthwith delivered to the
nearest police station or jail and shall be proceeded against in
accordance with section 7 of Rule 112. (Rule 113. sec. 5)
BOARD: The Latin, “in flagrante
delicto” means:

a. No crime if there is no law

b. Guilty act
c. Caught in the act of doing a
crime
d. None of the above
TIME OF ARREST

An arrest may be
made on any day
and at any time of
the day or night
(Rule 113. Sec. 6).
BOARD: As a general rule, a
warrant of arrest can be
served at:

a. Day time
b. Day time only
c. Nighttime
d. Anytime of the day or night
 METHOD OF ARREST BY OFFICER
IF THERE IS WARRANT
When making an arrest by virtue of 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 so requires, the warrant shall be
shown to him as soon as practicable (Rule
113. Sec. 7)
Q: Can the right to counsel
be waived by the accused?

A: It cannot be waived
unless the waiver is in writing
and in the presence of
counsel.
SUMMONING OF ASSITANCE BY
(POLICE) OFFICER

An officer making a lawful arrest

may orally summon as many
persons as he deems necessary to
assist him in effecting the arrest.
Every person so summoned by an
officer shall assist him in effecting
the arrest when he can render
such assistance without detriment
to himself (Rule 113. Sec 10).
BREAK IN DOCTRINE and
KNOCK AND ANNOUNCE RULE

An officer, in order to make an arrest

either by virtue of a warrant, or without
a warrant as provided in section 5,
may break into any building or
enclosure where the person to be
arrested is or is reasonably believed to
be, if he is refused admittance thereto,
after announcing his authority and
purpose (Rule 113. Sec. 11)
BREAK OUT DOCTRINE
Whenever an officer has
entered the building or
enclosure in accordance with
the preceding section, he may
break out therefrom when
necessary to liberate himself
(Rule 113 Sec. 12).
ARREST AFTER ESCAPE OR
RESCUE
If a person lawfully arrested
escapes or is rescued, any
person may immediately
pursue or retake him without a
warrant at any time and in
any place within the
Philippines (Rule 113 Sec.
13).
RIGHT TO VISIT
Any member of the Philippine Bar shall, at
the request of the person arrested or of
another acting in his behalf, have the
right to visit and confer privately with
such person in the jail or any other place
of custody at any hour of the day or
night. Subject to reasonable regulations,
a relative of the person arrested can
also exercise the same right (Rule 113.
Sec. 14).
BOARD: In the following cases the judge
is no longer required to issue a
warrant of arrest.

a. When the information was filed

pursuant to a lawful warrantless arrest.
b. When the accused is punishable by a
fine only.
c. The case is covered by the rule on
summary procedure
d. All of the above.
STATUS OF “JOHN DOE
WARRANT OF ARRESTS”

Itis in the nature of a general

warrant and is therefore void.
Exception: If there is a
“descriptio personae” of the
one to be arrested, then it will
be valid.
REPUBLIC ACT 7438
AN ACT DEFINING CERTAIN RIGHTS
OF PERSON ARRESTED, DETAINED
OR UNDER CUSTODIAL
INVESTIGATION AS WELL AS THE
DUTIES OF THE ARRESTING,
DETAINING AND INVESTIGATING
OFFICERS, AND PROVIDING
PENALTIES FOR VIOLATIONS
THEREOF (Approved: April 27,
1992).
Enumerate the rights of arrested
person under RA 7438.
(a) Any person arrested detained or under custodial
investigation shall at all times be assisted by counsel.
(b) Any public officer or employee, or anyone acting
under his order or his place, who arrests, detains or
investigates any person for the commission of an
offense shall inform the latter, in a language known
to and understood by him, of his rights
1. to remain silent and
2. to have competent and independent counsel,
preferably of his own choice, who shall at all times
be allowed to confer privately with the person
arrested, detained or under custodial investigation.
3. If such person cannot afford the services of his own
counsel, he must be provided with a competent
and independent counsel by the investigating
officer.
Requisites of Valid waiver of
Article 125 RPC
Any waiver by a person arrested or
detained under the provisions of Article
125 of the Revised Penal Code, or under
custodial investigation, shall be:
1. in writing and
2. signed by such person in the presence
of his counsel; (otherwise the waiver
shall be null and void and of no
effect).
RIGHT TO VISIT
Any person arrested or detained or under custodial
investigation shall be allowed visits by or
conferences with any member of his immediate
family, or any medical doctor or priest or religious
minister chosen by him or by any member of his
immediate family or by his counsel, or by any
national non-governmental organization duly
accredited by the Commission on Human Rights of
by any international non-governmental organization
duly accredited by the Office of the President. The
person's "immediate family" shall include his or her
spouse, fiancé or fiancée, parent or child, brother or
sister, grandparent or grandchild, uncle or aunt,
nephew or niece, and guardian or ward.
 PERSONS WHO MAY VISIT
THE PERSON DETAINED
 Any medical doctor
 Priest or religious minister
 NGO accredited by CHR
 International NGO accredited by the Office of the
President and
 Immediate family member of the subject which includes:
a. Spouse
b. Fiance or fiancee
c. Parent or child
d. Brother or sister
e. Grandparent or grandchild
f. Uncle or aunt
g. Nephew or niece
h. Guardian or ward
CUSTODIAL INVESTIGATION
DEFINED
The questioning initiated by law
enforcement authorities after a
person has taken into custody
or otherwise deprived of
freedom of action in any
significant way (Magtoto vs.
Manguerra March 3, 1975)
 Custodial investigation shall
include the practice of issuing
an invitation to a person who is
investigated in connection
with an offense he is
suspected to have
committed.
EFFECT OF ABSENCE OF
LAWYER
In the absence of any
lawyer, no custodial
investigation shall be
conducted and the
suspected person can only
be detained in accordance
with article 125 of the RPC
BOARD: During custodial investigation,
the accused was informed of his
rights including the right to a
counsel. The accused however,
voluntarily waive his right o counsel
and went voluntarily in making an
oral videotaped extrajudicial
confession in the crime of rape.
Here, the extrajudicial confession is
not admissible because:
A . The rights he waived are not
waivable.
B. The waiver was not made in the
presence of a lawyer.
C. The waiver was not made in
writing and in addition the waiver
was not made in the presence of a
lawyer.
D. All of the above.
CONTINUING QUESTION: Let us
assume that there was no
irregularity in the extrajudicial
confession because all the
conditions of the waiver were
properly observed except that
the right to counsel was waived
without a lawyer. Here, the
statement of the accused is:
a. Still not admissible because the
accused must be provided with a
lawyer whether de parte or de officio.
b. Admissible already because he had
already waived is rights.
c. Admissible if even after the lapse of 24
hours no lawyer appeared for him.
d. Still not admissible because he was not
given preliminary investigation
 BOARD: This is the recitation of the
rights of the accused during
custodial investigation.

a. Miranda rights/warning
b. Code of ethics
c. Omerta
d. Code of Professional Responsibility
BOARD: The illegality of an arrest must be
questioned or challenged by the
accused _________, otherwise the
illegality of the arrest shall be
considered waived.

a. After posting bail

b. Before entering his plea
c. During trial
d. After promulgation of judgment
BOARD: After the accused was
arrested and was not given the
right to a preliminary investigation,
and the case was filed against him,
how many days are given to him to
file a “motion for preliminary
investigation”?

Answer: within 5 days from the time

he learned that a case has been
filed against him.
RULE 114

BAIL
BAIL, DEFINED
 Bail is the security given for the release
of a person in custody of the law,
furnished by him or a bondsman, to
guarantee his appearance before any
court as required under the conditions
hereinafter specified. Bail may be
given in the form of corporate surety,
property bond, cash deposit, or
recognizance (Rule 114. Sec. 1).
THE RIGHT TO BAIL IS
APPLICABLE ONLY TO ONE
WHO IS UNDER CUSTODY OF
THE LAW. Not to one who is
at large.
RIGHT TO TRAVEL

The right to travel is also

restricted by the granting
of bail. Thus the court
may prohibit a person
released on bail from
leaving the country.
 FOUR FORMS OF BAIL
1. Property bond- an undertaking constituted as a lien on the
real property given as security for the amount of the bail.
2. Corporate surety - a bond issued by one who is habitually
engaged in the business of furnishing bonds in civil actions
or for persons arrested or detained for prosecution.
3. Cash bail bond- cash money posted by the defendant
with a court upon condition that such money shall be
forfeited if the defendant does not comply with the
directive of the court requiring his attendance at the
criminal proceeding.
4. Recognizance - a contract between the sureties and the
state for the production of the principal at the required
time. It is an obligation of record entered into before some
court or magistrate duly authorized to receive it, with the
condition to do some particular act, the most usual
condition in criminal cases being the appearance of the
accused at the trial.
RECOGNIZANCE IS ALLOWED
ONLY IN THE FOLLOWING:
 Violationof ordinance
 The offense is a light felony
 The offense is not punishable by more
than 6 months imprisonment and or
2000PHP fine.
 When the accused has been under
detention for more than or equal to
minimum imposable penalty.
 Accused applied for probation and he is
not capable of paying bail.
RA 6036
Provides that no bail is required if:
a. Offense is violation only of city or
municipal ordinances
b. Penalty is not higher than arresto
mayor or PHP2,000 fine.
NO RELEASE OR TRANSFER
OF PRISONER EXCEPT WHEN
THERE IS COURT ORDER

No person under detention

shall be released except
upon order of the court or
when he is admitted to bail
(Rule 114. Sec. 3).
WHEN IS BAIL A MATTER OF
RIGHT?
(a) before conviction by the
Metropolitan Trial Court, Municipal Trial
Court, Municipal Trial Court in Cities, or
Municipal Circuit Trial Court
(b) after conviction by the Metropolitan
Trial Court, Municipal Trial Court,
Municipal Trial Court in Cities, or
Municipal Circuit Trial Court
 (c) before conviction by the
Regional Trial Court of an offense
not punishable by death, reclusion
perpetua, or life imprisonment
 (d) before conviction by the
Regional Trial Court of an offense
punishable by death, reclusion
perpetua, or life imprisonment
when evidence of guilt is not
strong (Rule 114 Sec. 4).
 WHEN IS BAIL A MATTER OF
DISCRETION?
 Upon conviction by the Regional Trial Court of
an offense not punishable by death, reclusion
perpetua, or life imprisonment (Rule 114 Sec. 5).
( if the penalty imposed by the trial court
exceeds 6 years but not execceding 20 years
and the accused is a recidivist, quasi-recivist
habitual delinquent, reiteracion, or has
escaped, or violated the conditions of the bail,
or the accused has committed the offense
while on probation or parole or conditional
pardon etc., bail shall be denied).
OTHER REASONS FOR
GRANTING BAIL

Serious sickness; and

Other humanitarian
reasons
CAPITAL OFFENSE DEFINED
It is an offense which under the
law existing at the time of its
commission and of the
application for admission to
bail, may be punished with
death (Rule 114 Sec. 6).
Q: WHO HAS THE BURDEN OF
PROOF TO PROVE EVIDENCE
OF GUILT IS STRONG?

A: Prosecution has the duty

(Rule 114 Sec. 8).
 WHICH COURT WILL BAIL BE
APPLIED TO?
 Bail in the amount fixed may be filed with the court where the
case is pending, or in the absence or unavailability of the judge
thereof, with any Regional Trial Court Judge, Metropolitan Trial
Court Judge, Municipal Trial Court Judge, or Municipal Circuit Trial
Court Judge in the province, city or municipality.
 If the accused is arrested in a province, city, or municipality other
than where the case is pending, bail may also be filed with any
Regional Trial Court of said place, of if no judge thereof is
available, with any Metropolitan Trial Court Judge, Municipal Trial
Court Judge, or Municipal Circuit Trial Court Judge therein.
 Where the grant of bail is a matter of discretion, or the accused
seeks to be released on recognizance, the application may only
be filed in the court where the case is pending, whether on
preliminary investigation, trial, or appeal.
 Any person in custody who is not yet charged in court may apply
for bail with any court in the province, city, or municipality where
he is held (Rule 114. Sec. 17)
WHEN IS BAIL FORFEITED?

If the accused fails to

appear in person as
required by the
court (Rule 114. Sec.
21).
WHEN IS BAIL CANCELLED?

Surrender of the accused

Proof of his death
Acquittal of the accused
Dismissal of the case (Rule
114. Sec. 22).
 ARREST OF ACCUSED OUT
ON BAIL
 For the purpose of surrendering the accused,
the bondsmen may arrest him or, upon written
authority endorsed on a certified copy of the
undertaking, cause him to be arrested by a
police officer or any other person of suitable
age and discretion. (Bounty Hunter Law)
 An accused released on bail may be re-
arrested without the necessity of a warrant if
he attempts to depart from the Philippines
without permission of the court where the
case is pending (Rule 114 Sec. 23)..
HOW TO PREVENT AN ACCUSED
FOR LEAVING THE PHILIPPINES?

Petition for issuance of

“hold departure order”.
HDO can be issued only
by the judge (Circular 39-
97)
 EFFECT OF FILING BAIL IN
CASE OF ILLEGAL ARREST
 An application for or admission to bail shall
not bar the accused from challenging the
validity of his arrest
 or the legality of the warrant issued
therefore,
 or from assailing the regularity or
questioning the absence of a preliminary
investigation of the charge against him,
 provided that he raises them before
entering his plea (Rule 114. Sec. 26).
COURT SUPERVISION OF
DETAINESS
 Court has jurisdiction over persons
in custody for the purpose of
eliminating unnecessary
detention.
 The Executive Judges of RTC shall
conduct monthly inspections of
jails (Rule 114 Sec 25).
 PURPOSES OF INSPECTION
OF EXECUTIVE JUDGES
 to ascertain the number of detainees,
 inquire on their proper accommodation, and
health and
 examine the condition of the jail facilities.
 order the segregation of sexes and of minors
from adults;
 ensure the observance of the right of the
detainees to confer privately with counsel,
 strive to eliminate conditions inimical to
detainees (ibid).
RULE 115

RIGHTS OF
THE
ACCUSED
RIGHTS OF THE ACCUSED
(a) To be presumed innocent until the
contrary is proved beyond
reasonable doubt.
(b) To be informed of the nature and
cause of the accusation against him.
(c) To be present and defend in person
and by counsel at every stage of the
proceedings, from arraignment to
promulgation of the judgment.
(d) To testify as a witness in his own
behalf but subject to cross-
examination on matters covered by
direct examination. His silence shall
not in any manner prejudice him.
(e) To be exempt from being compelled
to be a witness against himself.
(f) To confront and cross-examine the
witnesses against him at the trial.
(g) To have compulsory process issued to
secure the attendance of witnesses
and production of other evidence in
his behalf.
(h) To have speedy, impartial and public
trial
(i) To appeal in all cases allowed and in
the manner prescribed by law.
 BOARD: The principle in law that trial
may proceed even in the
absence of the accused after the
arraignment upon the theory that
the accused by his absence has
waived his right to appear in trial.
a. Trial in absentia
b. Trial by publicity
c. Consolidated trial
d. Regional Trial Court
PROMULGATION OF
JUDGMENT IN ABSENTIA
A promulgation of judgment in
absentia is valid provided:

1. the judgment is recorded in the

criminal docket;
2. a copy thereof be served upon
the accused or counsel.
Q: What is the effect if the right to
counsel is violated?

A: The accused can ask for a

“new trial”.
BOARD: The right against self
incrimination founded upon principles
of

a. Public policy
b. Humanity
c. Morality
d. Both a and b
RIGHT AGAINST SELF
INCRIMINATION
It was established on the grounds of
public policy and humanity — of
policy, because if the party were
required to testify, it would place
the witness under the strongest
temptation to commit the crime of
perjury, and of humanity, because
it would prevent the extorting of
confessions by duress."
RIGHT AGAINST SELF
INCRIMINATION; MEANING
The right of the defendant in a criminal case
"to be exempt from being a witness against
himself" signifies that he cannot be
compelled to testify or produce evidence in
the criminal case in which he is the accused,
or one of the accused. He cannot be
compelled to do so even by subpoena or
other process or order of the Court. He
cannot be required to be a witness either for
the prosecution, or for a co-accused, or
even for himself.
Q: Accused admitted in a radio
station that he committed the
crime. Is this admission
admissible?

A: Yes. A radio reporter is not a

connected to the government
as a law enforcer. Hence, there
is no need for a lawyer to assist
the accused.
4. THE RIGHT TO TESTIFY
AS A WITNESS IN HIS
OWN BEHALF.
 AMERICAN RULE vs. ENGLISH
RULE ON CROSS EXAMINATIONS
1. American Rule – the witness can only be
cross examined on matters covered on direct
examinations. (we use this if the accused
himself is the witness for himself).
2. English Rule – ordinary witness may be cross
examined not only on matters directly
inquired on direct examinations but also on
other matters connected therewith.
Q: What is the effect if the accused does not
want to take the witness stand and does
not wish to testify for his own case?

a. There is no presumption of admission of

guilt.
b. The judge must make no adverse
inference from his silence
c. Both a and b.
BOARD: The _______ has the inherent
power to compel the attendance of
persons, accused and witnesses in a
case pending therein.

a. Public Prosecutor
b. PAO
c. Court
d. Private Prosecutor
BOARD: Among all of the rights both of
citizens (and accused alike) which is
the top most priority to be protected?

a. Right to life
b. Right to liberty
c. Right to property
d. Right to happiness
BOARD: Inside a police precinct, X, the
accused was informed of his right to remain
silent and to have competent and
independent counsel. X decided to waive
these rights and then made a voluntary
confession. Here, X’s statement is still not
admissible because:

a. These rights cannot be waived

b. The waiver was not made in writing and in
the presence of the counsel.
(Follow up) BOARD: Assuming all conditions of
the waiver was valid except there was no
lawyer who assisted X because X had no
money. X’s statement will be:

a. Admissible because the conditions of the

waiver were fulfilled.
b. Inadmissible because X must be provided
with a counsel free of charge.
(Follow Up) BOARD: If X was
convicted, he should appeal
within:

a. 15 days from promulgation of

judgment
b. 20 days from receipt of
judgment
(Follow Up) If the appeal was made
after 30 days had passed, then the
appeal should:

a. Be given due course because it

was filed within reglementary
period
b. Not be given due course because
it was filed out of time. Judgment
has become final.
TRIAL IN ABSENTIA,
REQUISITES
Accused has been arraigned
He has been notified of the
trial
He failed to appear
His failure to appear is not
justifiable.
Q: Which among the following things may the
accused do if his right to speedy trial is
violated?

a. He can ask for dismissal of the case.

b. He can file habeas corpus
c. He can file certiorari, prohibition or
mandamus
d. Any or all of the above.
RIGHT TO APPEAL
The only statutory right in the
rights enumerated here.
Only the accused can appeal,
the prosecution may not
appeal the criminal case
because of double jeopardy
principle.
RULE 116

ARRAIGNMENT
 ARRAIGNMENT DEFINED
 the proceeding in a criminal case, whose
object is to fix the identity of the accused, to
inform him of the charge against him and to
give him an opportunity to plead, or to
obtain from the accused his answer to the
accusation.
 Arraignment may also be defined as the
reading of the criminal complaint or
information to the defendant by the judge or
clerk, and the delivering to him of the copy
thereof, including a list of witnesses and
asking him whether he pleads guilty or not
guilty.
 BOARD: The purpose of
arraignment.

a. To fix the identity of the accused,

b. To inform him of the charge
against him
c. To give him an opportunity to
plead,
d. All of the above
 BOARD: What kind of motion may
be filed by the accused before
arraignment?

a. Motion to dismiss
b. Demurrer to evidence
c. Motion to Quash
d. All of the above
 The accused must be arraigned (within 30
days from time court acquires jurisdiction)
before the court where the complaint or
information was filed or assigned for trial.
 The arraignment shall be made in open
court by the judge or clerk by furnishing
the accused with a copy of the
complaint or information, reading the
same in the language or dialect known to
him, and asking him whether he pleads
guilty or not guilty (Rule 116 Sec.1).
 The accused must be present at the
arraignment and must personally enter
his plea. Both arraignment and plea
shall be made of record, but failure to
do so shall not affect the validity of the
proceedings.
 When the accused refuses to plead or
makes a conditional plea, a plea of
not guilty shall be entered for him.
 When the accused pleads guilty but
presents exculpatory evidence, his
plea shall be deemed withdrawn and
a plea of not guilty shall be entered for
him (by the judge, not the clerk).
Q: What is the arraignment where
the accused is represented by
another person?
A: Arraignment by proxy.
Arraignment in absentia.

It is not allowed.
BOARD: If the accused plead guilty
but presents exculpatory
evidence, then:

a. A plea of not guilty shall be

entered for him
b. A plea of guilty shall be entered
for him
BOARD: How should the accused
plea to a complaint or
information?

a. personally, in open court and of

record
b. By his counsel or by proxy, if his
inability to attend is evidenced
by a medical certificate.
 BOARD: How should the plea to a
complaint or information be made by
the accused?
a. Personally
b. In open court
c. Made on record
d. All of the above
e. Through counsel
f. By written manifestation
 BOARD: In an arraignment, if the
accused refuses to plea, or make
a conditional plea of guilty, what
shall be entered for him by the
court?
a. A plea of guilty
b. A plea of not guilty
c. A plea of insanity
d. A plea bargaining
BOARD: What is the answer/reaction
given by the accused to a charge
against him in court?

a. Affidavit
b. Plea
c. Motion
d. Arraignment
 The private offended party shall be required
to appear at the arraignment for purposes of
plea bargaining, determination of civil
liability, and other matters requiring his
presence.
 In case of failure of the offended party to
appear despite due notice, the court may
allow the accused to enter a plea of guilty
to a lesser offense which is necessarily
included in the offense charged with the
conformity of the trial prosecutor alone
(ibid).
BOARD: During the arraignment, the
accused may be allowed to plead
guilty to a lesser offense which is
included in the offense charged
with the express consent of whom?

a. Private offended party

b. Trial judge
c. The accused
d. Private prosecutor
Q: What is the effect if there was
no arraignment?

A: The accused cannot be

convicted. This is true even if
there was trial. The
proceedings will be void.
PLEA OF GUILTY TO A
CAPITAL OFFENSE
Judge must:
(1) Conduct a searching inquiry into the
voluntariness and full comprehension of the
consequences of his plea and shall
(2) Require the prosecution to prove his guilt
and the precise degree of culpability
(3) The accused may present evidence in his
behalf (Rule 116 Sec. 3).
REASON

the court must

proceed with caution
since the death
penalty once carried
out is irrevocable.
PLEA OF GUILTY TO NON
CAPITAL OFFENSE
When the accused pleads guilty
to a non-capital offense, the
court may receive evidence
from the parties to determine
the penalty to be imposed
(Rule 114 Sec. 4).
IMPROVIDENT PLEA OF
GUILTY
A plea of guilty is improvident
if it was made without proper
advice or recklessly entered
by the accused without
comprehending its
seriousness and
consequences.
WITHDRAWAL OF IMPROVIDENT
PLEA OF GUILTY
 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 (Rule 114 Sec. 5).
DUTY OF COURT IN CASE
ACCUSED HAS NO COUNSEL
 Duty of the court at arraignment:
(1) Inform the accused of his right to attorney before
the arraignment
(2) Ask him if he desires one
(3) If he desires but unable to employ one, the court
must assign an attorney de officio
(4) If accused desires to procure an attorney of his
own, the court must grant him a reasonable time
therefore (Rule 116 Sec. 6)..
COUNSEL DE OFFICIO
The court, considering the gravity of the offense and
the difficulty of the questions that may arise, shall
appoint as counsel de officio such members of the
bar in good standing who, by reason of their
experience and ability, can competently defend the
accused.
But in localities where such members of the bar are
not available, the court may appoint any person,
resident of the province and of good repute for
probity and ability, to defend the accused (Rule 116
Sec. 7).
BOARD: What do you call a person
designated by the court to assist a
destitute litigant or party in a
criminal case?
a. Counsel de parte
b. Counsel de officio
c. Public prosecutor
d. Amicus Curiae.
AMICUS CURIAE
 Literally means a friend of the
court.
 An amicus curiae (also spelled
amicus curiæ; plural amici curiae)
is someone, not a party to a case,
who volunteers to offer
information to assist a court in
deciding a matter before it.
TIME TO PREPARE FOR
COUNSEL DE OFFICIO
 Reasonable time

 Whenever a counsel de office is appointed by

the court to defend the accused at the
arraignment, he shall be given a reasonable
time to consult with the accused as to his plea
before proceeding with the arraignment Rule
116. Sec. 8).

 (old answer: 1 hour)

BILL OF PARTICULARS
A Bill of Particulars is a statement
which makes a pleading more
certain by furnishing additional
information respecting the cause of
action or defense.
 The purpose of bill of particulars is
to inform the accused of the
charges against him and avoid
surprises.
WHEN TO ASK FOR BILL OF
PARTICULAR

The accused may, before

arraignment, move for a bill
of particulars to enable him
properly to plead and
prepare for trial (Rule 116
Sec. 9).
 BOARD: If you were asked by the
accused as to what should he do
regarding an “unclear”
complaint or information, what
should you advice him?
a. File a motion to dismiss
b. File a motion for a bill of
particulars
c. File a motion to quash
d. File a demurrer to evidence
WHAT IS THE REMEDY OF THE
ACCUSED IF THE INFORMATION
FAILED TO STATE THE DATE OF THE
COMMISION OF THE ALLEGED
CRIME?

The accused may file a

bill of particulars.
 CASES WHERE ARRAIGNMENT
MAY BE SUSPENDED
(1) The accused appears to be suffering from an unsound mental
condition which effectively renders him unable to fully
understand the charge against him and to plead intelligently
thereto. In such case, the court shall order his mental
examination and, if necessary, his confinement for such purpose;
 In this case, the judge shall order his mental examination by an
(medical) expert.
(2) There exists a prejudicial question; and
(3) A petition for review of the resolution of the prosecutor is
pending at either the Department of Justice, or the Office of the
President; provided, that the period of suspension shall not
exceed sixty (60) days counted from the filing of the petition with
the reviewing office (Rule 116 Sec. 11).
RULE 117

MOTION TO
QUASH
 MOTION TO QUASH
A Motion To Quash is substantially the
equivalent of a Motion to Dismiss in civil
cases provided in Rule 16 Section 1 (Pamaran,
Criminal Procedure 2006, page 359).

Motion To Quash is a formal motion filed

by the accused before the arraignment
seeking the dismissal of the complaint or
information based on the grounds
provided by law.
MOTION TO QUASH WHEN
TO FILE?

At any time before

entering his plea, the
accused may move to
quash the complaint or
information (Rule 117 Sec.
1)
BOARD: At what time may the accused
move to quash the complaint or
information against him?

a. At anytime before entering his plea.

b. Friday morning which is a motion
day in courts
c. At anytime before judgment of
conviction becomes final.
d. All of the above
 GROUNDS FOR A MOTION
TO QUASH
(a) That the facts charged do not constitute an offense;
(b) That the court trying the case has no jurisdiction over the
offense charged;
(c) That the court trying the case has no jurisdiction over the
person of the accused;
(d) That the officer who filed the information had no authority to
do so;
(e) That it does not conform substantially to the prescribed form;
(f) That more than one offense is charged except when a single
punishment for various offenses is prescribed by law;
(g) That the criminal action or liability has been extinguished;
(h) That it contains averments which, if true, would constitute a
legal excuse or justification; and
(i) That the accused has been previously convicted or acquitted
of the offense charged, or the case against him was dismissed
or otherwise terminated without his express consent (Rule 117
Sec 3).
NOTE:
 The accused must file his motion to quash
before arraignment.
 Because after arraignment a motion to quash is
already prohibited EXCEPT when the grounds
are the following:
a. The complaint or information does not
charge an offense;
b. The court has no jurisdiction over the offense
charged;
c. The offense has been extinguished or its
penalty;
d. There is double jeopardy
Q: How can the court acquire
jurisdiction over the person of the
accused?

a. Upon his voluntary surrender.

b. Upon his arrest.
c. Upon his appearing in the
arraignment
d. Upon his submission of pleadings
e. All of these
DUPLICITOUS INFORMATION – Is
an information that charges
more than one offense

The accused must file a motion

to quash if the offense is
duplicitous and this is done
before the arraignment.
If the accused does not file a
motion to quash then he may
be convicted of as many
offenses that are included in
the information.
EFFECT IF MOTION TO QUASH IS
GRANTED BY THE COURT

 If the motion to quash is

sustained, the court may order
that another complaint or
information be filed except when
the ground is extinction of
criminal liability or double
jeopardy (Rule 117 Sec. 5).
EFFECTS OF GRANTING
MOTION TO QUASH (2)
An order sustaining the motion to
quash is not a bar to another
prosecution for the same offense
unless the motion was based on the
grounds specified in section 3 (g,
extinguishment of criminal liability)
and (I double jeopardy) of this Rule.
EFFECT IF MOTION TO QUASH IS
DENIED BY THE COURT

From a denial of a motion

to quash, the accused must
proceed to trial on the
merits, and if he lost in the
case, then he can appeal.
BOARD: Which among the following
grounds for a motion to quash is a
bar for the prosecution of the
accused for the same offense?

a. Double jeopardy
b. Criminal action of liability has been
extinguished
c. Officer who filed had no authority
d. Both a and b
 MOTION TO
QUASH and
DEMURRER TO
EVIDENCE.
DOUBLE JEOPARDY DEFINED

The rule of double jeopardy

means that when a person is
charged with an offense and the
case is terminated either by
acquittal or conviction or in any
manner without the consent of
the accused, the latter cannot
again be charged with the same
or identical offense.
EEFECT OF ERRONEOUS
ACQUITTAL OF THE ACCUSED

(Generally) It cannot be re
filed or appealed to a
higher court because
otherwise there would be
double jeopardy.
DISTINGUISH ACQUITTAL
FROM DISMISSAL
1. Acquittal takes place when there
has been a full blown trial (based
on merits) and he is not found
guilty for whatever reason.
2. Dismissal takes place when there
was no full blown trail and the
case was not decided on the
merits
PROVISIONAL DISMISSAL
The temporary dismissal of the criminal
case subject to revival within:

1 year – if the case provisionally

dismissed is punishable by
imprisonment not exceeding 6 years
imprisonment; or
2 years - if the case provisionally
dismissed is punishable by more than 6
years imprisonment
BOARD: If the offense is punishable
by prision mayor or higher, the
provisional dismissal shall become
permanent after how many years
after the issuance of the order
without the case being re filed by
the prosecution?

a. One year
b. Two years
 WHAT IS NOLLE PROSEQUI?
 Itis a written argument presented
by the prosecutor stating that he
does not believe that the
evidence is sufficient to obtain a
conviction.
 The discontinuance of a criminal
prosecution by the officer, with
consent of the court, for absence
or lack of sufficient evidence.
Q: What is the OMNIBUS MOTION
RULE?
A: It is a rule which states that when
an accused files a motion to
quash then he must allege all the
grounds under the rules in support
of his motion to quash because if
the grounds are not stated in the
motion then they are considered
waived.
OMNIBUS MOTION RULE
DEFINED
The failure of the accused to assert any
ground of a motion to quash before he
pleads to the 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 grounds provided for in
paragraphs (a), (b), (g), and (i) of
section 3 of this Rule (Rule 117 Sec 9).
NOTE:
THE FOLLOWING GROUNDS ARE NOT
WAIVED EVEN IF NOT ALLEGED IN A
MOTION TO QUASH

IN OTHER WORDS THEY ARE THE

EXCEPTIONS TO THE OMNIBUS MOTION
RULE

THEY ARE THE FOLLOWING:

 Rule 117 Section 3:

a. The facts charged do not constitute an

offense;
b. The court trying the case has no jurisdiction
over the offense charged;
c. Criminal action or liability has been
extinguished;
d. Accused has been previously convicted or
acquitted of the offense charged.
Rule 118

PRE-TRIAL
Pre-trial; mandatory in
criminal cases.
In all criminal cases cognizable by
the Sandiganbayan, Regional Trial
Court, Metropolitan Trial Court,
Municipal Trial Court in Cities,
Municipal Trial Court and Municipal
Circuit Trial Court, the court shall, after
arraignment and within thirty (30)
days from the date the court acquires
jurisdiction over the person of the
accused, order a pre-trial conference
(Rule 118. Sec. 1)
 MATTERS TAKEN AT PRE
TRIAL
(a) plea bargaining;
(b) stipulation of facts;
(c) marking for identification of evidence of the
parties;
(d) waiver of objections to admissibility of evidence;
(e) modification of the order of trial if the accused
admits the charge but interposes a lawful
defense; and
(f) such matters as will promote a fair and
expeditious trial of the criminal and civil aspects of
the case. (Examples: identity of the victim whose
body is beyond recognition, heirs of the victim,
earning capacity, physical condition etc.)
BOARD: Pre trial is ______ in MTC,
MCTC, RTC, MeTC and
Sandiganbayan.

a. Mandatory
b. Optional
c. Discretionary
d. Not required
 BOARD: Which is not
undertaken during pre trial?

a. Plea bargaining
b. Stipulation of facts
c. Marking of evidence
d. Direct and cross examinations
 BOARD: Which among the following
stages of trial may the civil
aspect of the case be settled?
a. Trial proper
b. Appeal
c. Pre trial
d. Promulgation of judgment
STIFLING OF CRIMINAL
CASES

Compromise of criminal
case is not allowed (but
in real practice, it is
tolerated).
RULE 119

TRIAL
TRIAL
After a plea of not guilty is
entered, the accused shall have
at least fifteen (15) days to
prepare for trial. The trial shall
commence within thirty (30) days
from receipt of the pre-trial order
(Rule 119 Sec. 1).
BOARD: A judicial examination and
determination of the issues in a
criminal or civil case presided by a
judge.

a. Trial
b. Beauty pageant
c. Board Examinations
d. All of the above
 BOARD: What do you call a person
who gives testimonial evidence
before the court/ judicial
tribunal?

a. Affiant
b. Deponent
c. Witness
d. Interpreter
CONTINUOUS TRIAL
 Trial once commenced shall
continue from day to day as far as
practicable until terminated.
 It may be postponed for a
reasonable period of time for good
cause.
 In no case shall the entire trial period
exceed one hundred eighty (180)
days from the first day of trial, except
as otherwise authorized by the
Supreme Court (Rule 119 Sec. 2).
PERIOD FOR RENDITION OF
JUDGMENT
Trial Courts must give their
judgment within 90 days
counted from the time of
submission of the cases for
decision or resolution (1987
Constitution).
 Time limit following an order
for new trial.
If the accused is to be tried again pursuant
to an order for a new trial, the trial shall
commence within thirty (30) days from
notice of the order, provided that if the
period becomes impractical due to
unavailability of witnesses and other
factors, the court may extend it but not
to exceed one hundred eighty (180)
days from notice of said order for a new
trial (Rule 119 Section 5)
ORDER OF TRIAL
(a) The prosecution shall present evidence to prove the
charge and, in the proper case, the civil liability.
(b) The accused may present evidence to prove his defense
and damages, if any, arising, from the issuance of a
provisional remedy in the case.
(c) The prosecution and the 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.
(d) Upon admission of evidence of the parties, the case shall
be deemed submitted for decision unless the court directs
them to argue orally or to submit written memoranda.
(e) When the accused admits the act or omission charged in
the complaint or information but interposes a lawful
defense, the order of trial may be modified (Rule 119 Sec.
11).
TRIAL OF SEVERAL ACCUSED
When two or more accused are
jointly charged with an offense,
they shall be tried jointly unless
the court, in its discretion and
upon motion of the prosecutor or
any accused, orders separate
trial for one or more accused
(Rule 119 Sec. 16)
Q: When is the motion for
separate trial filed?

A: Before the prosecution

starts presenting its
evidence.
EXCLUSION OF PUBLIC IN
COURTROOM
The judge may, motu proprio, exclude
the public from the courtroom if the
evidence to be produced during the
trial is offensive to decency or public
morals. He may also, on motion of the
accused, exclude the public from the
trial except court personnel and the
counsel of the parties (Rule 119 Sec.
21).
DEMURRER TO EVIDENCE
Demurrer to evidence is a
motion to dismiss filed by the
accused after the
prosecution has rested its
case on the ground of
insufficiency of evidence
DEMURRER TO EVIDENCE
AFTER the prosecution rests its case,
the court may dismiss the action on
the ground of insufficiency of
evidence (1) on its own initiative
after giving the prosecution the
opportunity to be heard or (2) upon
demurrer to evidence filed by the
accused with or without leave of
court (Rule 119 Sec. 23).
BOARD: When does the accused file
his demurrer to evidence?

a. After the prosecution has rested

its case
b. Before the prosecution has rested
its case.
The motion for leave of court to
file demurrer to evidence shall
specifically state its grounds and
shall be filed within a non-
extendible period of after the
prosecution rests five (5) days its
case. The prosecution may
oppose the motion within a
non-extendible period of five (5)
days from its receipt (ibid).
BOARD: How many days are given to the
accused after the prosecution has
rested its case to file a motion for leave
to file demurrer to evidence?
a. 5 days
b. 10 days
c. 15 days
d. 30 days
 If leave of court is granted, the
accused shall file the demurrer to
evidence within a non-extendible
period of ten (10) days from notice.
The prosecution may oppose the
demurrer to evidence within a
similar period from its receipt.

 The order denying the motion for

leave of court to file demurrer to
evidence or the demurrer itself
shall not be reviewable by appeal
or by certiorari before judgment
(Rule 119 Sec. 23).
Q: The actual demurrer to
evidence is filed within:

a. 5 days
b. 10 days
c. 15 days
d. 30 days
BAD EFFECT IF ACCUSED FILED
DEMURRER TO EVIDENCE WITH
LEAVE OF COURT
When the demurrer to evidence is
filed without leave of court, the
accused waives the right to
present evidence and submits the
case for judgment on the basis of
the evidence for the prosecution
GOOD EFFECT IF DEMURRER
TO EVIDENCE IS FILED WITH
LEAVE OF COURT
If the court denies the
demurrer to evidence filed
with leave of court, the
accused may adduce
evidence in his defense.
BOARD: The quantum of proof in a _____
case is “proof beyond reasonable
doubt”, which is the weight of
evidence needed to convict the
accused in this type of case.
a. Criminal
b. Civil
c. Administrative
d. Labor
BOARD: The accused claims that he
was in another place far away from
the crime scene during the time
when the crime was committed. This
defenses is known as the weakest
defense. This is:

a. Alibi
b. Justifying circumstance
c. Denial
d. Plea of physical impossibility
RULE 120

JUDGMENT
JUDGMENT
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. It must be written
in the official language, personally and
directly prepared by the judge and
signed by him and shall contain clearly
and distinctly a statement of the facts
and the law upon which it is based (Rule
120 Sec. 1).
BOARD: A person found to have
violated a criminal by a court of
competent jurisdiction is:

a. Accused
b. Suspect
c. Respondent
d. Criminal
 CONTENTS OF JUDGMENT
If the judgment is of conviction, it shall state:

(1) the legal qualification of the offense constituted by

the acts committed by the accused and the
aggravating or mitigating circumstances which
attended its commission;
(2) the participation of the accused in the offense,
whether as principal, accomplice, or accessory after
the fact;
(3) the penalty imposed upon the accused; and
(4) the 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.
ALTERNATIVE PENALTIES NOT
ALLOWED

Example: 5 years imprisonment or

100,000 fine.

Reason: The judge must fix the

penalty.
EFFECT OF FAILURE TO
OBJECT TO DUPLICITOUS
INFORMATION
When two or more offenses are charged
in a single complaint or information but
the accused fails to object to it before
trial, the court may convict him of as
many offenses as are charged and
proved, and impose on him the penalty
for each offense, setting out separately
the findings of fact and law in each
offense (Rule 120 Sec. 3).
FORMULA FOR
CONVICTION

CHARGED + PROVED
= CONVICTION
PROMULGATION OF
JUDGMENT, DEFINED

It is the reading of the decision

of the court in criminal cases in
the presence of the accused.
EFFECT OF ABSENCE OF THE
ACCUSED IN PROMULGATION OF
JUDGMENT
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
these rules against the judgment and the court
shall order his arrest. Within fifteen (15) days from
promulgation of judgment, however, 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 (Ibid).
MODIFICATION OF
JUDGMENT
A judgment of conviction may,
upon motion of the accused,
be modified or set aside before
it becomes final or before
appeal is perfected (Rule 120
Sec. 7).
Note: Judgment of
acquittal becomes
final immediately.
Hence it cannot be
modified.
BOARD: When is judgment of conviction
becomes final?

a. After the lapse of the period for

perfecting an appeal
b. If the accused applied for probation
c. If the accused expressly waived in
writing his right to appeal
d. If the sentence had been partially or
totally satisfied or served
e. All of the above
BOARD: When does judgment of
acquittal become final?

a. After the lapse of the period for

perfecting an appeal.
b. Immediately final upon
promulgation
RULE 121

NEW TRIAL OR
RECONSIDERATION
NEW TRIAL OR
RECONSIDERATION
At any time before a judgment of
conviction becomes final, the
court may, on motion of the
accused or at its own instance but
with the consent of the accused,
grant a new trial or
reconsideration (Rule 121
sec1).
NEW TRIAL, DEFINED
New Trial- one whereby the accused on
his own motion or at the initiative of the
court but with the consent of the
accused is allowed to present
additional evidence in support of his
defense after a judgment of convicted
has already been rendered but before
judgment becomes final (Manuel
Pamaran, Criminal Procedure, 2006
edition page 536).
Note: Only the accused
can file motion for new
trial. The prosecution
cannot file motion for
new trial because it will
placed the accused
under double jeopardy.
GROUNDS FOR NEW TRIAL
(a) That errors of law or irregularities
prejudicial to the substantial rights of
the accused have been committed
during the trial;
(b) 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 (Rule 121 Section 2).
REQUISITES OF NEWLY
DISCOVERED EVIDENCE
1. The evidence was discovered
after the trial;
2. It could not have been
discovered during the trial;
3. It is material, not merely
corroborative, cumulative.
4. It would probably change the
judgment.
EXAMPLES
 Incompetence of counsel or
neglect.
 New witnesses surfaced only
after conviction of the accused.
 Rights of the accused were
violated.
 Improvident plea of guilty
 Retraction of witnesses.
GROUNDS FOR
RECONSIDERATION
The court shall grant
reconsideration on the
ground of errors of law or
fact in the judgment,
which requires no further
proceedings
MOTION FOR
RECONSIDERATION, DEFINED
Motion for Reconsideration-
one filed by the accused
whereby he seeks the
modification of the
conclusions of the court in the
judgment of conviction on the
basis of what is already on the
record.
Errors of law – a mistake by
the court as to the
interpretation and
application of the law.
Errors of fact – errors in the
appreciation of facts such
as when the decision is
contrary to the evidence.
RULE 122

APPEAL
APPEAL

Q: Who may appeal?

A: Any party may appeal from a
judgment or final order, unless the
accused will be placed in double
jeopardy (Rule 122 Sec.1)
APPEAL DEFINED
Appeal, defined- a proceeding for
review by which the whole case is
transferred to a higher court for
final determination. It must be file
within 15 days from promulgation
of judgment or from notice of the
final order appealed from.
BOARD: A person or party
appealing a case is known as
the:

a. Appellant
b. Appellee
WHERE TO APPEAL
The appeal may be taken as follows:
(a) To the Regional Trial Court, in cases
decided by the Metropolitan Trial Court,
Municipal Trial Court in Cities, Municipal Trial
Court, or Municipal Circuit Trial Court;
(b) To the Court of Appeals or to the Supreme
Court in the proper cases provided by law,
in cases decided by the Regional Trial
Court; and
(c) To the Supreme Court, in cases decided
by the Court of Appeals (Rule 122 Sec. 2).
 WHEN APPEAL MUST BE
TAKEN
An appeal must be taken within fifteen (15) days
from promulgation of the judgment or from notice
of the final order appealed from (Rule 122 Sec. 6)
This period for perfecting an appeal shall be
suspended from the time a motion for new
trial or reconsideration is filed until notice of
the order overruling the motion has been
served upon the accused or his counsel at
which time the balance of the period
begins to run.
BOARD: X was convicted today by the RTC
and his sentence was promulgated. X
would like to appeal his judgment of
conviction, this appeal should be made:

a. Within 30 days after promulgation of

judgment.
b. Within 15 from promulgation of judgment
c. Within 30 days from the time the lawyer of
X learned of the judgment of conviction.
d. Within 15 days from the time the lawyer for
X received the judgment of conviction as
evidenced by registry receipt and return
card.
BOARD: If the appeal was made on the 16th
day after the promulgation of judgment,
then:

a. The appeal should not be given due

course
b. The appeal should not be given due
course for being filed out of time or outside
the reglementary period.
c. The appeal should be given due course in
the interest of substantial justice.
d. All of the above.
Q: What is the effect of
perfection of appeal?

A: The lower court loses

jurisdiction over the case,
because the higher court
now takes charge.
When appeal to be taken. — An appeal must
be taken within fifteen (15) days from
promulgation of the judgment or from notice
of the final order appealed from. This period
for perfecting an appeal shall be suspended
from the time a motion for new trial or
reconsideration is filed until notice of the
order overruling the motion shall have been
served upon the accused or his counsel at
which time the balance of the period begins
to run (Rule 122 Section 6).
RULE 124

PROCEDURE IN THE
COURT OF
APPEALS
APPELLANT and APPELEE
In all criminal cases appealed to the
Court of Appeals, the party
appealing the case shall be called
the "appellant" and the adverse
party the "appellee," but the title
of the case shall remain as it was
in the court of origin.
APPOINTMENT OF COUNSEL
DE OFFICIO ON APPEAL
If it appears from the record of the case
as transmitted that

(a) the accused is confined in prison,

(b) is without counsel de parte on
appeal, (c) has signed the notice of
appeal himself,
the clerk of court of the Court of
Appeals shall designate a counsel de
oficio (Rule 124 Sec 2).
APPELLANT’S BRIEF
Within thirty (30) days from receipt by the
appellant or his counsel of the notice
from the clerk of court of the Court of
Appeals that the evidence, oral and
documentary, is already attached to
the record, the appellant shall file seven
(7) copies of his brief with the clerk of
court which shall be accompanied by
proof of service of two (2) copies
thereof upon the appellee (Rule 124
Sec. 3).
REPLY BRIEF OF APELLANT
Within thirty (30) days from the receipt of
the brief of the appellant, the
appellee shall file seven (7) copies of
the brief of the appellee with the clerk
of court which shall be accompanied
by proof of service of two (2) copies
thereof upon the appellant.
Within twenty (20) days from receipt
of the brief of the appellee, the
appellant may file a reply brief
traversing matters raised in the former
but not covered in the brief of the
appellant (Rule 124 Sec 4).
EXTENSION TO FILE BRIEF
Extension of time for the filing of
briefs will not be allowed
except for good and sufficient
cause and only if the motion
for extension is filed before the
expiration of the time sought
to be extended (Rule 124 Sec.
5).
Q: What is the effect of escape
of accused from prison while
his case is pending appeal?

A: He is considered to have
abandoned or withdrawn his
appeal.
The Court of Appeals may
reverse, affirm, or modify the
judgment and increase or
reduce the penalty imposed by
the trial court, remand the case
to the Regional Trial Court for
new trial or retrial, or dismiss the
case (Rule 124 Sec. 11).
 The Court of Appeals shall
have the power to try cases
and conduct hearings,
receive evidence. Trial In CA
must be completed within 3
months unless extended by
Chief Justice (Rule 124 Sec.
12).
Note: There are 23 divisions in
the CA. 3 Divisions are found in
Cagayan and the other 3 in
Cebu. Each division has 3
Justices. Consisiting of
Chairman, senior member and
junior member (See Pamaran,
Criminal Procedure)
RULE 125

PROCEDURE IN
SUPREME COURT
When the Supreme Court en banc is
equally divided in opinion or the
necessary majority cannot be had
on whether to acquit the
appellant, the case shall again be
deliberated upon and if no
decision is reached after re-
deliberation, the judgment of
conviction of the lower court shall
be reversed and the accused
acquitted (Rule 126 Sec. 3).
Note: A 2nd motion for
reconsideration is not
allowed in trial courts and
CA
A 2 nd or 3 MR may be
rd

allowed but with leave of

court
RULE 126

SEARCH AND
SEIZURE
SEARCH WARRANT
DEFINED
A search warrant is an order in writing
issued in the name of the People of
the Philippines, signed by a judge and
directed to a peace officer,
commanding him to search for
personal property described therein
and bring it before the court (Rule 126
sec. 1).
BOARD: Who is not authorized
to issue a search warrant?
a. First level judges
b. Appellate judges
c. Chief State Prosecutor
d. Newly appointed judges
Q: Which among the following
must personally determine the
existence of probable cause for
the purpose of issuing a search
warrant?

a. Judge
b. Prosecutor
c. Clerk of Court
d. Both a and C
 Q: What do you call the examination of
a person house, paper and effects for
the sole purpose of discovering
contrabands or any property which is
connected to a crime?
a. Raid
b. Search
c. Seizure
d. Frisk
 WHICH COURT DO YOU APPLY
FOR SEARCH WARRANT?
(a) Any court within whose territorial jurisdiction a
crime was committed.
(b) For compelling reasons stated in the
application, any court within the judicial region
where the crime was committed if the place of
the commission of the crime is known, or any
court within the judicial region where the
warrant shall be enforced (Rule 126 Sec.2).
However, if the criminal action has already been filed, the
application shall only be made in the court where the criminal
action is pending.
 BOARD: Which among the following venues for
application of search warrant is not correct?
a) Any court within whose territorial jurisdiction a
crime was committed.
(b) Any court within the judicial region where the
crime was committed if the place of the
commission of the crime is known, or any court
within the judicial region where the warrant
shall be enforced.
(c) If the criminal action has already been filed,
the application shall only be made in the court
where the criminal action is pending.
(d) Any Regional Trial Court in the Philippines.
PROPERTY THAT MAY BE
SEIZED
(a) Subject of the offense;
(b) Stolen or embezzled and other
proceeds, or fruits of the offense;
or
(c) Used or intended to be used as
the means of committing an
offense (Rule 126 sec. 3).
REQUISITES FOR ISSUANCE
OF SERACH WARRANT
1. Probable Cause
2. In connection with one specific offense
3. Personally determined by the judge
4. After examination under oath or affirmation
of the complainant and the witness he may
produce
5. Particularly describing the place to be
searched and the things to be seized which
may be anywhere in the Philippines (Rule 126
Sec. 4).
WITNESSES IN SEARCH
No search of a house, room, or any
other premises shall be made
except in the presence of the
lawful occupant thereof or any
member of his family or in the
absence of the latter, two
witnesses of sufficient age and
discretion residing in the same
locality (Rule 126 Sec. 8).
BOARD: The two witness rule in
executing a search warrant is
applicable where:

a. There is absence of the lawful

occupant of the house or any
member of his family
b. In the absence of mind of the
searching officer
TIME OF SEARCH
The warrant must direct that it be
served in the day time, unless the
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 (Rule 126. Sec. 9).
BOARD: As a general rule, the
warrant of search must be
made:

a. On daytime
b. On nighttime
c. Both a and b
d. Anytime of the day
VALIDITY OF SEARCH
WARRANT
A search warrant shall be
valid for ten (10) days from
its date. Thereafter, it shall
be void (Rule 126 Sec.10).
SEARCH INCIDENTAL TO
LAWFUL ARREST
A person lawfully arrested may
be searched for dangerous
weapons or anything which
may have been used or
constitute proof in the
commission of an offense
without a search warrant (Rule
126. sec. 13).
General Rule: A law enforcer
cannot search another without a
search warrant.
Exceptions: Even without a search warrant, a law
enforcer may search another in the following cases:
1. Search incidental to a lawful arrest
2. Search of moving vehicle;
3. Seizure of evidence in plain view;
4. Search in connection with enforcement of customs
law;
5. Consented search;
6. Search in state borders;
7. Search in emergency circumstances;
8. Stop and frisk
SCATTER SHOT WARRANT,
DEFINED
Scatter Shot Warrant- A
search warrant issued for
more than one specific
offense. This kind of warrant
is void and not allowed.
GENERAL SEARCH WARRANT,
DEFINED
 General warrant- A search warrant which
vaguely describes and does not particularize
the personal properties to be seized without
guidelines as to what items might be lawfully
seized. This is void.
 However if by the nature of the goods to be
seized, their description must be general, it is
not required that the technical description be
given, as this would mean, that no warrant
could be issued.
EXCLUSIONARY RULE,
DEFINED
Exclusionary rule- A rule that
commands that evidence
obtained by unreasonable
search and seizure is to be
excluded as evidence and
cannot be accepted as such.
FRUIT OF THE POISONOUS
TREE, DEFINED
Fruit of the Poisonous Tree- a
doctrine which says that an
unlawful search taints not
only the evidence obtained
thereat but also facts
discovered by reason of said
unlawful search.
SILVER PLATTER RULE,
DEFINED

Silver Platter- A doctrine

which allows evidence
obtained by the police in an
illegal search and seizure as
admissible in court.
MIRANDA DOCTRINE,
DEFINED
Miranda doctrine- a rule
announced by the US Supreme
Court in Miranda vs. Arizona and
adopted by Philippine legal system
which requires police officers to
inform the person arrested of his
rights under the Constitution
PLAIN VIEW DOCTRINE,
DEFINED
Plain View Doctrine- states
that objects accidentally
seen by police officers in the
course of a valid search may
be seized and admissible in
evidence against the
accused.
CRIMINAL PROCEDURE
Criminal procedure- the method
prescribed by law for the
apprehension and prosecution of
persons accused of any criminal
offense and for their punishment
in case of conviction.
BOARD: What is the nature of criminal
procedure?
a. procedural/remedial law/adjective
law
b. Substantive law
c. Highest or supreme law
d. Unalterable law
SOURCES OF CRIMINAL
PROCEDURE
1. The Rules of Court (Rules 110-
127);
2. BP 129;
3. Presidential Decrees;
4. Executive Orders;
5. Supreme Court decisions and
resolutions.
BOARD: Date of approval of BP
129?

Answer: This Act (BP 129) shall

take effect immediately.
Approved: August 14, 1981
 3 SYSTEMS OF CRIMINAL
PROCEDURE
1. Inquisitorial system

a. The prosecution of crimes is wholly

in the hands of the court;
b. The procedure is characterized by
secrecy;
c. The presence of the accused before
the court is not required.
2. Accusatorial system
a. Requires all crimes to be
prosecuted by the public
prosecutor;
b. Trial is publicly conducted;
c. Accused has the right to be
present at any stage of the
proceedings;
d. Accused is presumed
innocent.
3.Mixed system
a. A mixture of the
features of the two
mentioned system.
JURISDICTION
it is the power given by
the law to a court or
tribunal to hear, and
determine controversies.
It is the authority of a
court to hear and
determine a cause
CLASSES OF JURISDICTION
1. General jurisdiction- is the
power of the courts to
adjudicate all controversies
except those withheld from it.
2. Special or limited jurisdiction-
one which restricts the court’s
jurisdiction only to particular
cases.
3. Original jurisdiction- the
power of the court to take
cognizance of a case for the
first time.
4. Appellate jurisdiction- the
power of a court higher in rank
to re-examine the final order or
judgment of a lower court.
5. Exclusive jurisdiction- the power
to adjudicate a case to the
exclusion of all other courts.
6. Concurrent, coordinate or
confluent jurisdiction- the power
conferred upon different courts to
take cognizance of the same
case.
7. Delegated jurisdiction- the
authority to hear and determine
cadastral and registration cases.
BOARD: The authority of the
court to take cognizance of a
case in the first instance is
what is known as:

a. Appellate jurisdiction
b. Original jurisdiction
c. Criminal jurisdiction
d. None of the above
BOARD: Jurisdiction of the court is
said to be a ______ jurisdiction
when the law that created that
court does not contain an
express enumerations of the
causes which it may take
cognizance of.

a. General jurisdiction
b. Appellate jurisdiction
c. Limited jurisdiction
VENUE
the particular geographical
area, in which a court with
jurisdiction may hear and
determine a case.
It is simply the place of trial.
BOARD: This refers to the territorial
unit where the power of the court
may be exercised. Which one is
it?

a. Jurisdiction
b. Venue
c. Bench
d. Bar
 Q: Under the 1987 Constitution, who
has the power to order a change
of venue of trial in order to
prevent miscarriage of justice?
a. Sandiganbayan
b. People’s Court
c. Philippine National Red Cross
d. Supreme Court
BENCH AND BAR
Bar – refers to the legal
profession or all
lawyers.

Bench – refers only to

judges and justices.
CRIMINAL JURISDICTION
the power of a
tribunal to hear and
try an offense and
impose the
appropriate
punishment.
REQUISITES OF CRIMINAL
JURISDICTION
1. Jurisdiction over the person
of the accused
2. Jurisdiction over the subject
matter;
3. Jurisdiction over the
territory.
HOW COURT ACQUIRES
JURISDICTION
A court may acquire jurisdiction over the
person of the accused in the
following:
1. upon his arrest with or without warrant;
and or
2. by voluntary submission of the
accused either by posting bail, filing a
motion to quash, or appearing at the
arraignment.
Q: Criminal jurisdiction over the
subject matter of a case is
determined by which of the
following?
a. By the law enforced at the time
of the commission of the crime
b. By the law enforced at the time
of the filing (institution) of the
crime.
c. By the law enforced at the time
of the discovery of the crime.
NOTE
 The jurisdiction of a court to try a
criminal case is to be determined at the
time of the institution of the action, not
at the time of the commission of the
offense.
 In criminal cases, the jurisdiction of the
court is determined by
the law at the time of the
commencement of the action.
 What determines the jurisdiction of the
court in criminal cases is the extent of
the penalty which the law imposes for
the misdemeanor, crime or violation
charged in the complaint
HOW DOES THE COURT
ACQUIRE JURISDICTION OVER
A CASE?

Jurisdiction of a court
over a criminal case is
determined by the
allegations in the
complaint or information.
CRIMINAL JURISDICTIONS
Metropolitan Trial Courts, Municipal trial Courts
and Municipal Circuit Courts:
1. Exclusive original jurisdiction over all violations of
city or municipal ordinances committed within
their respective territorial jurisdiction;
2. Exclusive original jurisdiction over all offenses
punishable with imprisonment not exceeding
six (6) years irrespective of the amount of the
fine, and regardless of other imposable
accessory or other penalties. They shall also
have exclusive original jurisdiction jurisdiction
in offenses involving damage to property
through criminal negligence.
B. Regional Trial Courts:
1. Exclusive original jurisdiction in all
criminal cases not within the exclusive
jurisdiction of any court, tribunal or
body, except those falling under the
exclusive and concurrent jurisdiction of
the Sandiganbayan.[1]
2. Appellate jurisdiction over all cases
decided by MTC, MET, and MCTC in
their respective territorial jurisdiction.

Therefore, all criminal cases wherein the penalty

provided by the law is higher than six years are
cognizable by the RTC.
BOARD: “Court of First Instance”
was the former name of:

a. RTC
b. CA
c. SC
d. MTC
e. Family Courts
FAMILY COURTS
1. Exclusive original
jurisdiction over criminal
cases where one or more of
the accused is below
eighteen years of age, or
where one or more of the
victim is a minor at the time of
the commission of the offense.
 COURT OF APPEALS
1. Exclusive appellate jurisdiction
over the annulment of
judgments of Regional Trial
Courts; and
2. Exclusive original jurisdiction
over all final judgments,
decisions, resolutions, orders or
awards of RTC, boards or
commissions etc
 SANDIGANBAYAN
1. Exclusive original jurisdiction in all cases involving
violations of RA 3019[1], RA 1379[2] and Title VII Book
Two of the revised Penal Code, where one or more
of the accused are officials occupying the following
positions in the government whether in permanent,
acting or interim capacity, at the time of the
commission of the offense:
Officials of the executive branch occupying the
position of regional director and higher otherwise
classified as grade 27 and higher, of the
Compensation and Position Classification Act of
1989 (RA 6758)

[1] Anti Graft and Corrupt Practices Act

[2] Act Declaring Forfeiture of Ill Gotten Wealth of Public Officers and
Employees
SUPREME COURT

1. It has the power to

review and revise modify
or affirm all criminal cases
in which the penalty is
reclusion perpetua or
higher
BOARD: The administration
and supervision of all courts
in the Philippines is under:

a. President
b. Congress
c. Supreme Court
BOARD : The NPS (National
Prosecution Service is
under:

a. DOJ
b. DILG
c. PNP
d. Supreme Court
REVISED RULES ON SUMMARY
PROCEDURES (RSP)

This rule shall govern the

summary procedure in the
Metropolitan Trial Courts, the
Municipal Trial Courts in Cities,
the Municipal Trial Courts, and
the Municipal Circuit Trial
Courts.
 RSP APPLICABLITY IN
CRIMINAL CASES
(1) Violations of traffic laws, rules and regulations;
(2) Violations of the rental law;
(3) Violations of municipal or city ordinances;
(4) All other criminal cases where the penalty
prescribed by law for the offense charged is
imprisonment not exceeding six months, or a fine not
exceeding (P1,000.00), or both, irrespective of other
imposable penalties, accessory or otherwise, or of the
civil liability arising therefrom: Provided, however, that
in offenses involving damage to property through
criminal negligence, this Rule shall govern where the
imposable fine does not exceed ten thousand pesos
(P10,000.00).
 BOARD: This procedure is an
abbreviated trial type of proceedings
which allows the affidavit or counter
affidavits of the parties and their
witnesses as their direct oral
testimony, subject to cross
examination however.
a. Regular procedure
b. Criminal Procedure
c. Summary Procedure
d. Inquest Proceedings.
BOARD: Which is not covered by the rules
on summary procedure?

(a) violations of city or municipal

ordinances.
(b) criminal cases exceeding six months
(c) Violations of municipal or city
ordinances;
(d) All other criminal cases where the
penalty prescribed by law for the
offense charged is imprisonment not
exceeding six months,
ALIBI

A plea that the accused

was at some other place
when the crime was
committed. It is known as
the “weakest defense”.
COURT STAFF
CLERK OF COURT
PROCESS SERVER
STENOGRAPHER
LEGAL RESERACHER
SHERIFF
INTERPRETER
 Q: Among the court staff, who is
taking charge of the
administrative business of the
court and supervises all other
court staff in the absence of the
judge?
a. Clerk of court
b. Process server
c. Interpreter
d. Sheriff
BOARD: Anything that pertains to
the law or arising from it which is
authorized because it is in
conformity with the positive law is
said to be:

a. Illegal
b. Legal
c. Moral
d. Immoral
BOARD: It came rom the Latin term
juris prudentia, which means "the
study, knowledge, or science of
law"; It implies anything that
belongs to the court or use in legal
proceedings.

a. Jurisprudence
b. Case law
BOARD: What is the Supreme or
highest law of the Philippines and
to which all other laws must
conform to?

a. Constitution
b. Will of the People
c. Vox Populi Vox Dei
d. Ten Commandments
BOARD: What clause/law in the
Philippine Constitution requires
government to treat similarly
situated persons equally?

a. Due process clause

b. Equal protection clause
c. Santa Clause
BOARD: It is an organ of the government
other than the court which affects the
rights of a party through adjudication
or rule making.

a. Quasi judicial organ

b. Judicial organ
c. Sex organ
d. Bamboo organ
 PRO HAC VICE, means

a. Forthis occasion only

b. A class of itself
SUI GENERIS, means

a. A class of itself
b. For this occasion only.
END OF REVIEW
CRIMINAL PROCEDURE