07 Remedial Law Criminal Procedure

REMEDIAL LAW
**A judgment rendered without such power and authority is

I. COURTS AND THEIR CRIMINAL JURISDICTION void thereby creating no rights and imposing no duties on the
parties. A void judgment may be attacked any time.
Criminal Procedure
treats of the series of processes by which the criminal laws Requisites to acquire Jurisdiction in criminal cases
are enforced and by which the State prosecutes persons 1. Jurisdiction over the subject matter
who violate the penal laws. 2. Jurisdiction over the person of the accused
3. Territorial jurisdiction
Provides the steps which one who has committed a crime is
to be punished. Laches
the “failure or neglect for an unreasonable and
Distinguish Criminal Law v. Criminal Procedure unexplained length of time, to do that which, by exercising
due diligence, could or should have been done earlier, it is
Criminal Law Criminal Procedure negligence or omission to assert a right within a
reasonable length of time, warranting a presumption that
As to Nature Substantive Remedial the party entitled to assert it either has abandoned it or
As to Purpose Declares what provides how act is declined to assert it.
acts are to be punished
punishable
Metropolitan Trial Court, Municipal Trial Court,
As to subject Defines crimes, Provides fro the Municipal Circuit Trial Courts
matter treats of their method by which a
nature , and person accused of B.P. Blg.129, Sec. 32 & 35, as amended by R.A. No. 7691
provides for a crime is arrested,
their tried or punished Section 32. Jurisdiction of Metropolitan Trial Courts,
punishment Municipal Trial Courts and Municipal Circuit Trial Courts in
criminal cases. – Except in cases falling within the
exclusive original jurisdiction of Regional Trial Courts and
Jurisdiction of the Sandiganbayan, the Metropolitan Trial Courts,
It is the authority of law to act officially in a particular Municipal Trial Courts, and Municipal Circuit Trial Courts
matter in hand. It is the power and authority of a court [or shall exercise:
quasi-judicial tribunal] to hear, try, and decide a case.
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Nulla, Julie Ann A.顏金璇 Lectured by: Atty. Lionell Macababbad
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(1) Exclusive original jurisdiction over all violations of imposable accessory or other penalties, including the civil
city or municipal ordinances committed within their liability arising from such offenses,they also have
respective territorial jurisdiction; and jurisdiction in offenses involving damage to property
through criminal negligence. Not unless cases fall under
(2) Exclusive original jurisdiction over all offenses the exclusive original jurisdiction of RTC.
punishable with imprisonment not exceeding six (6)
years irrespective of the amount of fine, and regardless of All violations regarding BP 22 or Bouncing Law cheque. Some
other imposable accessory or other penalties, including cases under Summary Procedures.
the civil liability arising from such offenses or predicated In addition, in the absence of an RTC judge, MT and MCT
thereon, irrespective of kind, nature, value, or amount judges may hear and decide petitions for a writ of habeas
thereof: Provided, however, That in offenses involving corpus or applications for bail in criminal cases in the
damage to property through criminal negligence they province or city.
shall have exclusive original jurisdiction thereof. (as
amended by R.A, No. 7691) If the imposable penalty is exactly 6 years, who’s jurisdiction?
It’s with the MTC. Sec 32 (2) clearly provides that MTC has
Section 35. Special jurisdiction in certain cases. – In the jurisdiction for offenses punishable with imprisonment not
absence of all the Regional Trial Judges in a province or exceeding 6 years, irrespective of the amount of fine, and
city, any Metropolitan Trial Judge, Municipal Trial Judge, regardless of other imposable accessory or other penalties ,
Municipal Circuit Trial Judge may hear and decide including the civil liability.
petitions for a writ of habeas corpus or applications for
bail in criminal cases in the province or city where the Can the Lupon Pamayapa take cognizance of the case where
absent Regional Trial Judges sit. the penalty of imprisonment more than 1 year?
No, Lupon TagaPamayapa only has jurisdiction for cases less
than 1 year.
What cases do Municipal Trial Court, Metropolitan Trial **Ikaw, kapitbahay mo, nagmurahan kayo. nagsuntukan kayo.
Court, Municipal Circuit Trial Court has jurisdiction? Slight Physical Injury penalty is 6 mos imprisonment. For SPI,
MTC and MCTC has exclusive original jurisdiction over all the imprisonment is 30 days. Daan paba sa Lupong
violations of city or municipal ordinances committed within Tagapamayapa? Kay Kapitan bago mag file ng case.
their respective territorial jurisdiction, all offenses YES.
punishable with imprisonment not exceeding six (6) years
irrespective of the amount of fine, and regardless of other What is the offense is attempted murder with treachery.
Dadaan pa ba kay kapitan?
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No , because in the said offense, the penalty would definitely a fine not exceeding (P1,000.00), or both, irrespective of other
exceed 1 year. imposable penalties, accessory or otherwise, or of the civil
liability arising therefrom”
You know tha Katarungan Pambaranggay Law? Yung mga nag
aaway an nasa isang barangay or within the same city, bago FACTS: SPI ; Penalty of 30 days imprisonment; living the
ka magpunta sa husgado o sa piskal, if the penalty of same barangay.
imprisonment is 1 year below, dumaan muna kayo kay Q: Dadaan ba kayo kay kapitan under Lupong Tagapamayapa?
Kapitan, pagbabatiin muna kayo ni Kapitan. A: Yes
Q: Governed ba ng Rules of Criminal Procedure yung case na
What happens if you file a case directly to the court or fiscal yun
for offenses which has penalty for less than 1 yr? A: Yes
Your case will be dismissed.
FACTS: A is residing in Manila; B is residing in Makati. SPI; 30
Sinapak mo ang iyong classmate, SPI, you are from Pasay and days imprisonment. Hindi dumaan sa baranggay, dumerekta
he is from Manila. 30 days imprisonment, Dadaan kapa ba kay sa husgado. tama?
Kapitan o di na? A: Yes, tama. Kakailanganin nyo lang dumaan kay Kapitan,
Hindi na. kasi you are from different cities/ towns. The kung kayo ay magkapitbahay o sa iisang city o municipality
Katarungan Pambaranggay Law only applies if the lang kayo nakatira at ng penalty ay not more than 1 year.
complainant and the respondent are residing within the same
baranggay or even though in different baranggay but within Iba yung power ng taga Lupong Tagapamayapa to hear
the same city or Municipality. You will only go to baranggay if complaint before them, iba din yung rules that would govern
kapitbahay mo siya. those kinds of complaints. Those rules of complaint are what
we call the summary procedure.
So if kapitbahay mo, sinaksak ka nya, attempted murder, daan
kapa ba kay kapitan? X is residing in Brgy 1 , Pasay City. Z is residing in Brgy 1,
No sir, because the offense committed hass a penalty of more Pasay City. X boxxed Z. SPI. Z went to barangay. Is that
than one year. correct?
A: Yes.
Penalty imposable is 30 days imprisonment, is it governed by
the rules of summary procedure? What if Z went directly to the court to file a complaint. what
Under the law of rules of summary procedure, ‘All other will happen?
criminal cases where the penalty prescribed by law for the The case will be dismissed.
offense charged is imprisonment not exceeding six months, or
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What if same scenario except that X is living in Brgy 1 and Z is I. Applicability
living in Brgy 2. Kailangan paba dumaan kay Kapitan? Section 1. Scope. — This rule shall govern the summary
A: Yes, because they reside the different barangay of the same procedure in the Metropolitan Trial Courts, the Municipal
Municipality Trial Courts in Cities, the Municipal Trial Courts, and the
Requisites for cases to be under Katarungang Pambarangay Municipal Circuit Trial Courts in the following cases
Law falling within their jurisdiction:
i. If the complainant at respondent are living in the same A. Civil Cases:
barangay (1) All cases of forcible entry and unlawful detainer,
ii. if the complainant and respondent are living in different irrespective of the amount of damages or unpaid rentals
barangays but same municipality sought to be recovered. Where attorney's fees are
awarded, the same shall not exceed twenty thousand
iii. Penalty is less than 1 year below. pesos (P20,000.00).
(2) All other civil cases, except probate proceedings,

where the total amount of the plaintiff's claim does not
Revised Rules on Summary Procedure (1991), As exceed ten thousand pesos (P10,000.00), exclusive of
amended by A.M. No. 00-11-01 SC 2003) interest and costs
RESOLUTION OF THE COURT EN BANC DATED OCTOBER B. Criminal Cases:

15, 1991 PROVIDING FOR THE REVISED RULE ON (1) Violations of traffic laws, rules and regulations;
SUMMARY PROCEDURE FOR METROPOLITAN TRIAL (2) Violations of the rental law;
COURTS, MUNICIPAL TRIAL COURTS IN CITIES,
MUNICIPAL TRIAL COURTS AND MUNICIPAL CIRCUIT (3) Violations of municipal or city ordinances;
TRIAL COURTS.
Pursuant to Section 36 of the Judiciary Reorganization (4) All other criminal cases where the penalty prescribed
Act of 1980 (B.P Blg. 129) and to achieve an expeditious by law for the offense charged is imprisonment not
and inexpensive determination of the cases referred to exceeding six months, or a fine not exceeding
herein, the Court Resolved to promulgate the following (P1,000.00), or both, irrespective of other imposable
Revised Rule on Summary Procedure: penalties, accessory or otherwise, or of the civil liability
arising therefrom: Provided, however, that in offenses
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involving damage to property through criminal shall forthwith issue summons which shall state that the
negligence, this Rule shall govern where the imposable summary procedure under this Rule shall apply.
fine does not exceed ten thousand pesos (P10,000.00).
Sec. 5. Answer. — Within ten (10) days from service of
This Rule shall not apply to a civil case where the summons, the defendant shall file his answer to the
plaintiffs cause of action is pleaded in the same complaint and serve a copy thereof on the plaintiff.
complaint with another cause of action subject to the Affirmative and negative defenses not pleaded therein
ordinary procedure; nor to a criminal case where the shall be deemed waived, except for lack of jurisdiction
offense charged is necessarily related to another criminal over the subject matter. Cross-claims and compulsory
case subject to the ordinary procedure. counterclaims not asserted in the answer shall be
considered barred. The answer to counterclaims or
Sec. 2. Determination of applicability. — Upon the filing cross-claims shall be filed and served within ten (10)
of a civil or criminal action, the court shall issue an order days from service of the answer in which they are
declaring whether or not the case shall be governed by pleaded.
this Rule A patently erroneous determination to avoid
the application of the Rule on Summary Procedure is a Sec. 6. Effect of failure to answer. — Should the
ground for disciplinary action. defendant fail to answer the complaint within the period
above provided, the court, motu proprio, or on motion of
II. Civil Cases the plaintiff, shall render judgment as may be warranted
Sec. 3. Pleadings. — by the facts alleged in the complaint and limited to what
A. Pleadings allowed. — The only pleadings allowed to is prayed for therein: Provided, however, that the court
be filed are the complaints, compulsory counterclaims may in its discretion reduce the amount of damages and
and cross-claims' pleaded in the answer, and the answers attorney's fees claimed for being excessive or otherwise
thereto. unconscionable. This is without prejudice to the
applicability of Section 4, Rule 15 of the Rules of Court, if
B. Verifications. — All pleadings shall be verified. there are two or more defendants.
Sec. 4. Duty of court. — After the court determines that
the case falls under summary procedure, it may, from an Sec. 7. Preliminary conference; appearance of parties. —
examination of the allegations therein and such evidence Not later than thirty (30) days after the last answer is
as may be attached thereto, dismiss the case outright on filed, a preliminary conference shall be held. The rules on
any of the grounds apparent therefrom for the dismissal pre-trial in ordinary cases shall be applicable to the
of a civil action. If no ground for dismissal is found it
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preliminary conference unless inconsistent with the rendered within thirty (30) days from issuance of the
provisions of this Rule. order;
The failure of the plaintiff to appear in the preliminary (d) A clear specification of material facts which remain
conference shall be a cause for the dismissal of his controverted; and
complaint. The defendant who appears in the absence of
the plaintiff shall be entitled to judgment on his (e) Such other matters intended to expedite the
counterclaim in accordance with Section 6 hereof. All disposition of the case.
cross-claims shall be dismissed.
Sec. 9. Submission of affidavits and position papers. —
If a sole defendant shall fail to appear, the plaintiff shall Within ten (10) days from receipt of the order mentioned
be entitled to judgment in accordance with Section 6 in the next preceding section, the parties shall submit
hereof. This Rule shall not apply where one of two or the affidavits of their witnesses and other evidence on
more defendants sued under a common cause of action the factual issues defined in the order, together with
who had pleaded a common defense shall appear at the their position papers setting forth the law and the facts
preliminary conference. relied upon by them.
Sec. 8. Record of preliminary conference. — Within five Sec. 10. Rendition of judgment. — Within thirty (30)
(5) days after the termination of the preliminary days after receipt of the last affidavits and position
conference, the court shall issue an order stating the papers, or the expiration of the period for filing the same,
matters taken up therein, including but not limited to: the court shall render judgment.
(a) Whether the parties have arrived at an amicable However should the court find it necessary to clarify
settlement, and if so, the terms thereof; certain material facts, it may, during the said period,
issue an order specifying the matters to be clarified, and
(b) The stipulations or admissions entered into by the require the parties to submit affidavits or other evidence
parties;. on the said matters within ten (10) days from receipt of
said order. Judgment shall be rendered within fifteen (15)
(c) Whether, on the basis of the pleadings and the days after the receipt of the last clarificatory affidavits, or
stipulations and admissions made by the parties, the expiration of the period for filing the same.
judgment may be rendered without the need of further
proceedings, in which event the judgment shall be
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The court shall not resort to the clarificatory procedure his behalf, serving copies thereof on the complainant or
to gain time for the rendition of the judgment. prosecutor not later than ten (10) days from receipt of
said order. The prosecution may file reply affidavits
III. Criminal Cases within ten (10) days after receipt of the counter-affidavits
Sec. 11. How commenced. — The filing of criminal cases of the defense.
falling within the scope of this Rule shall be either by
complaint or by information: Provided, however, that in Sec. 13. Arraignment and trial. — Should the court,
Metropolitan Manila and in Chartered Cities. such cases upon a consideration of the complaint or information and
shall be commenced only by information, except when the affidavits submitted by both parties, find no cause or
the offense cannot be prosecuted de oficio. ground to hold the accused for trial, it shall order the
dismissal of the case; otherwise, the court shall set the
The complaint or information shall be accompanied by case for arraignment and trial.
the affidavits of the compliant and of his witnesses in
such number of copies as there are accused plus two (2) If the accused is in custody for the crime charged, he
copies for the court's files.If this requirement is not shall be immediately arraigned and if he enters a plea of
complied with within five (5) days from date of filing, the guilty, he shall forthwith be sentenced
care may be dismissed.
Sec. 14. Preliminary conference. — Before conducting
Sec. 12. Duty of court. — the trial, the court shall call the parties to a preliminary
(a) If commenced by compliant. — On the basis of the conference during which a stipulation of facts may be
compliant and the affidavits and other evidence entered into, or the propriety of allowing the accused to
accompanying the same, the court may dismiss the case enter a plea of guilty to a lesser offense may be
outright for being patently without basis or merit and considered, or such other matters may be taken up to
order the release of the amused if in custody. clarify the issues and to ensure a speedy disposition of
the case.However, no admission by the accused shall be
(b) If commenced by information. — When the case is used against him unless reduced to writing and signed by
commenced by information, or is not dismissed pursuant the accused and his counsel.A refusal or failure to
to the next preceding paragraph, the court shall issue an stipulate shall not prejudice the accused.
order which, together with copies of the affidavits and
other evidence submitted by the prosecution, shall Sec. 15. Procedure of trial. — At the trial, the affidavits
require the accused to submit his counter-affidavit and submitted by the parties shall constitute the direct
the affidavits of his witnesses as well as any evidence in testimonies of the witnesses who executed the same.
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Witnesses who testified may be subjected to Sec. 17. Judgment. — Where a trial has been conducted,
cross-examination, redirect or re-cross examination. the court shall promulgate the judgment not later than
Should the affiant fail to testify, his affidavit shall not be thirty (30) days after the termination of trial.
considered as competent evidence for the party
presenting the affidavit, but the adverse party may utilize IV. COMMON PROVISIONS
the same for any admissible purpose. Sec. 18. Referral to Lupon. — Cases requiring referral to
the Lupon for conciliation under the provisions of
Except in rebuttal or surrebuttal, no witness shall be Presidential Decree No. 1508 where there is no showing
allowed to testify unless his affidavit was previously of compliance with such requirement, shall be dismissed
submitted to the court in accordance with Section 12 without prejudice and may be revived only after such
hereof. requirement shall have been complied with. This
provision shall not apply to criminal cases where the
However, should a party desire to present additional accused was arrested without a warrant.
affidavits or counter-affidavits as part of his direct
evidence, he shall so manifest during the preliminary Sec. 19. Prohibited pleadings and motions. — The
conference, stating the purpose thereof. If allowed by following pleadings, motions or petitions shall not be
the court, the additional affidavits of the prosecution or allowed in the cases covered by this Rule:
the counter-affidavits of the defense shall be submitted
to the court and served on the adverse party not later (a) Motion to dismiss the complaint or to quash the
than three (3) days after the termination of the complaint or information except on the ground of lack of
preliminary conference. If the additional affidavits are jurisdiction over the subject matter, or failure to comply
presented by the prosecution, the accused may file his with the preceding section;
counter-affidavits and serve the same on the prosecution
within three (3) days from such service. (b) Motion for a bill of particulars;
Sec. 16. Arrest of accused. — The court shall not order (c) Motion for new trial, or for reconsideration of a
the arrest of the accused except for failure to appear judgment, or for opening of trial;
whenever required. Release of the person arrested shall (d) Petition for relief from judgment;
either be on bail or on recognizance by a responsible
citizen acceptable to the court.
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(e) Motion for extension of time to file pleadings, Batas Pambansa Blg. 129. The decision of the regional
affidavits or any other paper; chanrobles virtual law trial court in civil cases governed by this Rule, including
library forcible entry and unlawful detainer, shall be
immediately executory, without prejudice to a further
(f) Memoranda; appeal that may be taken therefrom. Section 10 of Rule
70 shall be deemed repealed.
(g) Petition for certiorari, mandamus, or prohibition
against any interlocutory order issued by the court; Sec. 22. Applicability of the regular rules. — The regular
procedure prescribed in the Rules of Court shall apply to
(h) Motion to declare the defendant in default; the special cases herein provided for in a suppletory
chanrobles virtual law library capacity insofar as they are not inconsistent herewith.
(i) Dilatory motions for postponement; Sec. 23. Effectivity. — This revised Rule on Summary
(j) Reply; Procedure shall be effective on November 15, 1991
(k) Third party complaints;
(l) Interventions.
Regional Trial Courts
Sec. 20. Affidavits. — The affidavits required to be
submitted under this Rule shall state only facts of direct B.P. Blg. 129, Sec. 20 & 23
personal knowledge of the affiants which are admissible Section 20. Jurisdiction in criminal cases. – Regional Trial
in evidence, and shall show their competence to testify to Courts shall exercise exclusive original jurisdiction in all
the matters stated therein. criminal cases not within the exclusive jurisdiction of any
A violation of this requirement may subject the party or court, tribunal or body, except those now falling under
the counsel who submits the same to disciplinary action, the exclusive and concurrent jurisdiction of the
and shall be cause to expunge the inadmissible affidavit Sandiganbayan which shall hereafter be exclusively
or portion thereof from the record. taken cognizance of by the latter.
Sec. 21. Appeal. — The judgment or final order shall be Section 23. Special jurisdiction to try special cases. – The
Supreme Court may designate certain branches of the
appealable to the appropriate regional trial court which
shall decide the same in accordance with Section 22 of Regional Trial Courts to handle exclusively criminal
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cases, juvenile and domestic relations cases, agrarian defamations contained therein to the same extent as if
cases, urban land reform cases which do not fall under he were the author thereof.
the jurisdiction of quasi-judicial bodies and agencies,
and/or such other special cases as the Supreme Court "The criminal and civil action for damages in cases of
may determine in the interest of a speedy and efficient written defamations as provided for in this chapter, shall
administration of justice. be filed simultaneously or separately with the court of
first instance of the province or city where any of the
accused or any of the offended parties resides at the time
of the commission of the offense: Provided, however,
Cases that are under the jurisdiction of RTC That where the libel is published, circulated, displayed,
RTC all exercise exclusive original jurisdiction or exhibited in a province or city wherein neither the
offender nor the offended party resides the civil and
● in all criminal cases with a penalty of 6YID and
above criminal actions may be brought in the court of first
instance thereof: Provided, further, That the civil action
● Appellate jurisdiction overall made by MTC
shall be filed in the same court where the criminal action
● defamatory cases
is filed and vice versa: Provided, furthermore, That the
● Dangerous drugs law violations
court where the criminal action or civil action for
● Cyber Crime Law violations
damages is first filed, shall acquire jurisdiction to the
● Money Laundering law violations
exclusion of other courts: And provided, finally, That this
amendment shall not apply to cases of written
defamations, the civil and/or criminal actions to which,
have been filed in court at the time of the effectivity of
RPC, A360
this law.
Article 360. Persons responsible. — The person who shall
"No criminal action for defamation which consists in the
publish, exhibit or cause the publication or exhibition of
imputation of a crime which cannot be prosecuted de
any defamation in writing or by similar means, shall be
oficio shall be brought except at the instance of and upon
responsible for the same.
complaint expressly filed by the offended party."
"The author or editor of a book or pamphlet, or the editor
or business manager of a daily newspaper, magazine or
serial publication, shall be responsible for the
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Who has jurisdiction over libel violations or cases? "Two (2) members shall constitute a quorum for sessions
A: RTC. A360 explicitly provides that libel cases or defamation in divisions: Provided, That when the required quorum
cases should be under the jurisdiction of RTC. for the particular division cannot be had due to the legal
disqualification or temporary incapacity of a member or a
Sandiganbayan vacancy therein, the Presiding Justice may designate a
member of another division to be determined by strict
1987 Constitution A11, Sec.4 rotation on the basis of the reverse order of precedence,
SECTION 4. The present anti-graft court known as the to sit as a special member of said division with all the
Sandiganbayan shall continue to function and exercise its rights and prerogatives of a regular member of said
jurisdiction as now or hereafter may be provided by law. division in the trial and determination of a case or cases
assigned thereto."
Section 2. Section 4 of the same decree, as amended, is

hereby further amended to read as follows:
P.D. No. 1606, as amended by R.A. No. 7975, 8249 &
10660 "SEC. 4. Jurisdiction. – The Sandiganbayan shall exercise
exclusive original jurisdiction in all cases involving:
AN ACT STRENGTHENING FURTHER THE FUNCTIONAL
AND STRUCTURAL ORGANIZATION OF THE "a. Violations of Republic Act No. 3019, as amended,
SANDIGANBAYAN, FURTHER AMENDING PRESIDENTIAL otherwise known as the Anti-Graft and Corrupt Practices
DECREE NO. 1606, AS AMENDED, AND APPROPRIATING Act, Republic Act No. 1379, and Chapter II, Section 2,
FUNDS THEREFOR Title VII, Book II of the Revised Penal Code, where one or
more of the accused are officials occupying the following
Be it enacted by the Senate and House of Representatives positions in the government, whether in a permanent,
of the Philippines in Congress assembled: acting or interim capacity, at the time of the commission
of the offense:
Section 1. Section 3 of Presidential Decree No. 1606, as
amended, is hereby further amended to read as follows: "(1) Officials of the executive branch occupying the
positions of regional director and higher, otherwise
"SEC. 3. Constitution of the Divisions; Quorum. – The classified as Grade ’27’ and higher, of the Compensation
Sandiganbayan shall sit in seven (7) divisions of three (3) and Position Classification Act of 1989 (Republic Act No.
members each. 6758), specifically including:
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"(a) Provincial governors, vice-governors, members of the "(3) Members of the judiciary without prejudice to the
sangguniang panlalawigan, and provincial treasurers, provisions of the Constitution;
assessors, engineers, and other provincial department
heads: "(4) Chairmen and members of the Constitutional
Commissions, without prejudice to the provisions of the
"(b) City mayors, vice-mayors, members of the Constitution; and
sangguniang panlungsod, city treasurers, assessors,
engineers, and other city department heads; "(5) All other national and local officials classified as
Grade ’27’ and higher under the Compensation and
"(c) Officials of the diplomatic service occupying the Position Classification Act of 1989.
position of consul and higher;
"b. Other offenses or felonies whether simple or
"(d) Philippine army and air force colonels, naval complexed with other crimes committed by the public
captains, and all officers of higher rank; officials and employees mentioned in subsection a. of
this section in relation to their office.
"(e) Officers of the Philippine National Police while
occupying the position of provincial director and those "c. Civil and criminal cases filed pursuant to and in
holding the rank of senior superintendent and higher; connection with Executive Order Nos. 1, 2, 14 and 14-A,
issued in 1986.
"(f) City and provincial prosecutors and their assistants,
and officials and prosecutors in the Office of the "Provided, That the Regional Trial Court shall have
Ombudsman and special prosecutor; exclusive original jurisdiction where the information:
"(g) Presidents, directors or trustees, or managers of (a) does not allege any damage to the government or any
government-owned or controlled corporations, state bribery; or
universities or educational institutions or foundations.
(b) alleges damage to the government or bribery arising
"(2) Members of Congress and officials thereof classified from the same or closely related transactions or acts in
as Grade ’27’ and higher under the Compensation and an amount not exceeding One million pesos
Position Classification Act of 1989; (P1,000,000.00).
"Subject to the rules promulgated by the Supreme Court,

the cases falling under the jurisdiction of the Regional
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Trial Court under this section shall be tried in a judicial Court has promulgated and may hereafter promulgate,
region other than where the official holds office. relative to appeals/petitions for review to the Court of
Appeals, shall apply to appeals and petitions for review
"In cases where none of the accused are occupying filed with the Sandiganbayan. In all cases elevated to the
positions corresponding to Salary Grade ’27’ or higher, as Sandiganbayan and from the Sandiganbayan to the
prescribed in the said Republic Act No. 6758, or military Supreme Court, the Office of the Ombudsman, through its
and PNP officers mentioned above, exclusive original special prosecutor, shall represent the People of the
jurisdiction thereof shall be vested in the proper regional Philippines, except in cases filed pursuant to Executive
trial court, metropolitan trial court, municipal trial court, Order Nos. 1, 2, 14 and 14-A, issued in 1986.
and municipal circuit trial court, as the case may be,
pursuant to their respective jurisdictions as provided in "In case private individuals are charged as co-principals,
Batas Pambansa Blg. 129, as amended. accomplices or accessories with the public officers or
employees, including those employed in
"The Sandiganbayan shall exercise exclusive appellate government-owned or controlled corporations, they shall
jurisdiction over final judgments, resolutions or orders of be tried jointly with said public officers and employees in
regional trial courts whether in the exercise of their own the proper courts which shall exercise exclusive
original jurisdiction or of their appellate jurisdiction as jurisdiction over them.
herein provided.
"Any provisions of law or Rules of Court to the contrary
"The Sandiganbayan shall have exclusive original notwithstanding, the criminal action and the
jurisdiction over petitions for the issuance of the writs of corresponding civil action for the recovery of civil liability
mandamus, prohibition, certiorari, habeas corpus, shall at all times be simultaneously instituted with, and
injunctions, and other ancillary writs and processes in aid jointly determined in, the same proceeding by the
of its appellate jurisdiction and over petitions of similar Sandiganbayan or the appropriate courts, the filing of the
nature, including quo warranto, arising or that may arise criminal action being deemed to necessarily carry with it
in cases filed or which may be filed under Executive the filing of the civil action, and no right to reserve the
Order Nos. 1, 2, 14 and 14-A, issued in 1986: Provided, filing of such civil action separately from the criminal
That the jurisdiction over these petitions shall not be action shall be recognized: Provided, however, That
exclusive of the Supreme Court. where the civil action had heretofore been filed
separately but judgment therein has not yet been
"The procedure prescribed in Batas Pambansa Blg. 129, rendered, and the criminal case is hereafter filed with the
as well as the implementing rules that the Supreme Sandiganbayan or the appropriate court, said civil action
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shall be transferred to the Sandiganbayan or the (b) Section 3, amending Section 5 of Presidential Decree
appropriate court, as the case may be, for consolidation No. 1606, as amended, on "Proceedings, How Conducted;
and joint determination with the criminal action, Decision by Majority Vote" shall apply to cases arising
otherwise the separate civil action shall be deemed from offenses committed after the effectivity of this Act.
abandoned."
Section 6. Separability Clause. – Should any provision of
Section 3. Section 5 of the same decree is hereby this Act or part hereof be declared unconstitutional, the
amended to read as follows: other provisions or parts not affected thereby shall
remain valid and effective.
"SEC. 5. Proceedings, How Conducted; Decision by
Majority Vote. – All three (3) members of a division shall Section 7. Repealing Clause. – All laws, decrees, orders,
deliberate on all matters submitted for judgment, and issuances, or portions thereof, which are inconsistent
decision, final order, or resolution. with the provisions of this Act, are hereby repealed,
amended or modified accordingly.
"The concurrence of a majority of the members of a
division shall be necessary to render a judgment, Section 8. Effectivity. – This Act shall take effect fifteen
decision, or final order, or to resolve interlocutory or (15) days after its publication in the Official Gazette or in
incidental motions." two (2) newspapers of general circulation.
Section 4. Funding and Appropriations. – The amount Approved.

necessary to carry out the implementation of this Act
shall be charged against the current appropriations of the
Sandiganbayan. Thereafter, such sums as may be needed
for its full implementation shall be included in the What is the jurisdiction of Sandiganbayan?
annual General Appropriations Act. A: Sandiganbayan has jurisdiction on all cases
Section 5. Transitory Provision. – This Act shall apply to ● punishable under Graft and Corruption Practices
all cases pending in the Sandiganbayan over which trial ● offenses or felonies whether simple or complexed with
has not begun: Provided, That: other crimes committed by the public officials and
employees
(a) Section 2, amending Section 4 of Presidential Decree ● alleges damage to the government or bribery arising
No. 1606, as amended, on "Jurisdiction"; and from the same or closely related transactions with an
amount exceeding P1M pesos
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● private individuals are charged as co-principals,
accomplices or accessories with the public officers or Purpose of Criminal Action
employees, including those employed in • To determine penal liability of accused for outraging the
government-owned or controlled corporations state with his crime. If he is found guilty, to have him
punished for it.
II. RULE 110 That means that for any kind of transgression of the law, any
kind of law in the Philippines, you can institute a criminal
Prosecution of Offenses action.
Section 1. Institution of criminal actions. — Criminal actions How are criminal action instituted? (Pano ka mag file ng
shall be instituted as follows: kasong kriminal) for offenses requiring Preliminary
Investigation (at least 4Y2M 1D and above) ; (4Y2M and
(a) For offenses where a preliminary investigation is below) PI is not required:
required pursuant to section 1 of Rule 112, by filing the
complaint with the proper officer for the purpose of [a] filing complaint with proper officer for the purposes in
conducting the requisite preliminary investigation. filing PI
(b) For all other offenses, by filing the complaint or [b] Filing complaint / information directly with MTC/MCTC
information directly with the Municipal Trial Courts and
Municipal Circuit Trial Courts, or the complaint with the [c]Filing complaint with prosecutor office [mandatory in
office of the prosecutor. In Manila and other chartered criminal cases in Manila and other chartered cities, unless
cities, the complaint shall be filed with the office of the otherwise provided in the charter]
prosecutor unless otherwise provided in their charters.
G.R.: A criminal action is commenced by a complaint or
The institution of the criminal action shall interrupt the information, both of which are filed in court
running period of prescription of the offense charged
▪ If a complaint is filed directly in court,the complaint must
unless otherwise provided in special laws. be filed by the offended party.
▪ If an information is filed directly in court, information
Q: What is criminal action? must be filed by fiscal.
A: Criminal action is one by which the State prosecutes a
▪ However, a “complaint” filed with the fiscal prior to
person for an act or omission punishable by law.
judicial action may be filed by any person [Tan2021]
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What is Preliminary Investigation (PI)? In the case provided, it’s Homicide 12Y1D-30Y (Requires PI)
A: Preliminary investigation is an inquiry or proceeding to 2nd STEP: Where will I file PI?
determine whether there is sufficient ground to engender a
well-founded belief that a crime has been committed and the 1ST MODE: Requires PI - The complainant will go to
respondent is probably guilty thereof, and should be held for the FISCAL to submit their complaint/ information
trial.
**If the crime committed requires PI, a COMPLAINT needs
What are the offenses requiring PI? to be submitted. The heading shall state COMPLAINT and
A: Offenses punishable by imprisonment of at least 4Y2M1D not INFORMATION
(Sec1 Rule 112)
What if suntukan lang? Penalty imposed is 30 days (Does not
Who are the officers authorized to conduct preliminary require PI) : Venue- Province
investigations?
(a) Provincial or City Prosecutors (FISCAL) and their assistants; 2ND MODE: Does not require PI/ committed in
(b) National and Regional State Prosecutors; and Provinces- file information directly to court (Judge)
(c) Other officers as may be authorized by law.
** If direkta sa judge, what you’ll file is INFORMATION
If a crime has been committed, sinaksak ni X si Y. Namatay si What if the crime committed in Metro Manila? (Chartered
Y, syempre pamilya ni Y gusto idemanda si X. Cities)
3RD MODE: Does not require PI/ Crimes committed in

1st STEP: Check if the crime committed requires PI?
chartered cities - The complaint/ Information shall
How? - Check for the imposable penalty be filed directly to the prosecutor
PI IS REQUIRED- If the penalty imposed is X (living in province) filed a crime of cyber libel against Z
more than 4Y2M1D (living in one of the chartered cities) through the use of a
PI IS NOT REQUIRED - If the penalty imposed computer or other means. Where will you file a complaint
is 4Y2M1D below A: It should be filed where the offended party resides.
(Province). It should be filed directly to fiscal since the penalty
imposed is more than 4Y2m1d
What does the prescription of the offense mean?/ Effect of

prescription
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A: It is the loss of the right of the State to institute criminal Up to when is the interruption?
action. Until the case has been terminated.
When homicide has been committed, it has a prescriptive How is the case terminated?
period of 20 years. Offended parties has 20 years from the Either by acquittal or conviction.
commission of the crime to file a case.
When shall the running of the prescriptive period for the

institution of a criminal action be interrupted? Disini vs. Sandiganbayan
The institution of the criminal action in the PROSECUTOR’S
OFFICE or MTC or MTCC shall interrupt the running of the CRIMES: Article 212 Corrupt Practices by Public Officials
period of prescription of the offense UNLESS otherwise and Anti-Graft Corruption
provided by special laws. If the special law does not provide FACTS:
for a prescriptive period, Act 3326 - An Act to Establish Disini (private person) filed a motion to quash alleging that
Periods of Prescription for Violations of Special Laws and the criminal actions had been extinguished by prescription.
Municipal Ordinances – shall apply. Sandiganbayan denied the motion to quash.
NOTE: ISSUE:
Act 3326 states that the prescriptive period of special laws Whether or not the sandiganbayan has jurisdiction over
are interrupted only upon institution of a criminal action private individual
before the courts. Thus, the filing of a criminal suit for
Violation of BP 22 before the prosecutor office does not toll RULING:
the running of the prescriptive period. But the Supreme Yes. In case public officials has been charged as an accomplice
Court held that ‘there is no more distinction between cases or principal or accessory with public officer, jurisdiction is
under the RPC & those covered by special laws with under Sandiganbayan
respect to the interruption of the period of prescription’. The offense of corruption of public officials as well as
Then the case of Panaguiton vs DOJ, GR # 167571, Nov. 25, violation of RA 3019 prescribe in 15 years. Moreover,
2008, taught us that ‘any kind of investigative proceeding prescription begins to run from the date of discovery of the
instituted against the guilty person which may ultimate crime and shall only be interrupted upon the filing of
lead to his prosecution should be sufficient to toll his complaint or information in Court (Article 91, Revised Penal
prescription”. Code).
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In this case, prescription has not yet set in because it was
only five years elapsed from 1986, the time of the discovery of
the offenses charged, up to April 1991, the time of the filing What are the parts of the complaint?
of the criminal complaints in the Office of the Ombudsman. A:
Caption - top most part of the complaint where it provides
Blameless Ignorance Doctrine the information which regards to which court, branch,
The statute of limitations runs only upon discovery of the fact which place, the title [People of the Philippines vs. Nulla;
of the invasion of a right which will support a cause of action. RTC NCR Branch 1]
Body - it sets forth the allegation on how the crime has
been committed [That on or about 25th May 2022, the
Section 2. The Complaint or information. — The complaint accused did then and there unlawfully, wilfully stabbed the
or information shall be in writing, in the name of the victim/ Allegation of the victim/ sets forth the allegations on
People of the Philippines and against all persons who how the crime has committed/ the acts constituted to the
appear to be responsible for the offense involved. (2a) crime]
Signature - signature of the offended party, peace officer,
Distinguish Complaint from Information public party entrusted with the enforcement of law.[If patay
na offended party pwede pumirma family member, peace
Complaint Information office, public officer entrusted with enforcement of law]
Jurat - like a notary; subscribed and sworn to [ isubscribe sa
signed by the offended signed by a prosecutor isang administering officer]
party, peace officer or other
officer charged with the How do you call the parties in the criminal action?
enforcement of the law The plaintiff -People Of the Philippines
The accused - offending party
under oath not under oath The witness - Offended party
it is filed with the proper always Filed with the court Why should a criminal action be brought in the name of the
officer or with the court People of the Philippines?
Criminal actions should be brought in the name of the People
need not be certified should be certified under of the Philippines because in criminal cases, the offended
oath by a subscribing party is the state and the interest of the private complainant
prosecutor or the private offended party is limited to the civil liability.
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Thus, the role of the private complainant is merely as a Q: Where is the complaint filed?
witness for the prosecution A: It is filed directly with the MTC where preliminary
investigation is not required
NOTE: In a criminal case, the offended party is the State as it
involves public interest, because the accused violated the rules Limitation of the Complaint
of the RPC, Therefore the rights of the state have been • No direct filing with MeTC Manila and other chartered
violated. cities because C Shall be filed with the prosecutor office
unless otherwise provided.
• Direct filing in court occurs when aPI is not to be
conducted (4Y2M and below)
Section 3. Complaint defined. — A complaint is a sworn
written statement charging a person with an offense, Section 4. Information defined. — An information is an
subscribed by the offended party, any peace officer, or other accusation in writing charging a person with an offense,
public officer charged with the enforcement of the law subscribed by the prosecutor and filed with the court. (4a)
violated. (3)
Q: Who would determine the person to be charged in the
Q: In the absence of oath, will the complaint be rendered information?
void or not valid? As well as the absence of certification in A: Public Prosecutor
the information.
A: NO. In the absence of such, both information and complaint Q:Who has the power to determine whom to be charged in
are still valid because oath and certificate are not the essential a complaint?
part of the complaint or information. The accused is already A: Offended party, peace office (police officer and nbi), public
upright of his constitutional right to be informed of the nature officer charged with the enforcement of the law (SSS, Bir, etc)
and cause of accusation against him.
Section 5. Who must prosecute criminal actions. — All
Q: Formalities of a complaint or information: criminal actions either commenced by complaint or by
A: information shall be prosecuted under the direction and
▪ In writing control of a public prosecutor. In case of heavy work
▪ In the name of thePeople of thePhilippines schedules of the public prosecutor, or in the event of lack of
▪ Against all persons who appear to be responsible for the public prosecutors, the private prosecutor may be
offense involved. 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
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prosecute the criminal action, the private prosecutor shall successively in the order herein provided, except as stated
continue to prosecute the case up to the end of the trial in the preceding paragraph.
even in the absence of a public prosecutor, unless the
authority is revoked or otherwise withdrawn. (A.M. No No criminal action for defamation which consists in the
02-2-07-SC) imputation of the offenses mentioned above shall be
brought except at the instance of and upon complaint filed
The crimes of adultery and concubinage shall not be by the offended party.
prosecuted except upon a complaint filed by the offended
spouse. The offended party cannot institute criminal
prosecution without including the guilty parties, if both The prosecution for violation of special laws shall be
alive, nor, in any case, if the offended party has consented governed by the provisions thereof.
to the offense or pardoned the offenders.
Q: What is the rationale why all criminal actions shall be
The offenses of seduction, abduction and acts of prosecuted under the direction and control of the
lasciviousness shall not be prosecuted except upon a prosecutor?
complaint filed by the offended party or her parents, A: The reason is to prevent malicious and unfounded
grandparents or guardian, nor, in any case, if the offender prosecutions by private persons.That is also the reason why all
has been expressly pardoned by any of them. If the pleadings filed in a criminal case by the offended party
offended party dies or becomes incapacitated before she through a private prosecutor must be conformed to by the
can file the complaint, and she has no known parents, public prosecutor. Otherwise, it is a violation of the first
grandparents or guardian, the State shall initiate the sentence of the first paragraph of Sec. 5, Rule 110. Please note
criminal action in her behalf. that criminal prosecution before the MTC, MCTC, MeTC is
handled by the Office of the Prosecutor; before the
The offended party, even if a minor, has the right to initiate Sandiganbayan, it is handled by the Office of the Special
the prosecution of the offenses of seduction, abduction and Prosecutor as an organic component of the Office of the
acts of lasciviousness independently of her parents, Ombudsman; before the CA & SC, the authority to represent
grandparents, or guardian, unless she is incompetent or the state is solely vested in the Office of the Solicitor General.
incapable of doing so. Where the offended party, who is a
minor, fails to file the complaint, her parents, grandparents, Q: Is the presence of the public prosecutor from
or guardian may file the same. The right to file the action arraignment up to releasing of judgment required?
granted to parents, grandparents or guardian shall be A:
exclusive of all other persons and shall be exercised GR: Yes, the presence of the public prosecutor is required.
XPN: In cases when public prosecutor has a heavy work
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schedule, or in the event of lack of public prosecutors, the of lasciviousness and defamation imputing any of such
private prosecutor may be authorized in writing by the Chief of offenses.
the Prosecution Office or the Regional State Prosecutor to
prosecute the case subject to the approval of the court Why are they called Private crimes?
This is because the personal effects of these crimes are too
Q: Can the courts issue writs of prohibition or injunction to personal. This requirement was imposed out of consideration
restrain criminal prosecution? for the aggrieved party who might prefer to suffer the outrage
A: No. However, there are exceptions, to wit: in silence rather than go through the scandal of a public trial
(i) when the injunction is necessary to protect the
constitutional rights of the accused; Q: What are the examples of private crimes?
(ii) when it is necessary for the orderly administration of A: The private crimes which cannot be prosecuted de officio
justice; or to avoid oppression or multiplicity of suits are adultery, concubinage, abduction, seduction, acts of
(iii) when there is a prejudicial question which is subjudice; lasciviousness and defamation imputing any of such offenses.
(iv) when the acts of the officer are without or in excess of (Sec. 5, Rule 119 of the ROC; Art. 344 of the RPC). Rape is not
authority; a private crime anymore because it is now classified as a crime
(v) where the prosecution is under an invalid law; against persons
(vi) when there is double jeopardy;
(vii) when the court has no jurisdiction over the offense; Q:How does an offended party prosecute the private
(viii) where it is a case of persecution instead of prosecution; crimes?
(ix) where the charges are manifestly false and motivated by A: In adultery and concubinage, the offended party must
lust for vengeance; implead both the guilty parties and must not have consented
(x) when there is clearly no prima facie case against the or pardoned both the offenders; in seduction, abduction, and
accused and the motion to quash has been denied; acts of lasciviousness, the complaint must be filed by the
(xi) when issued by the Supreme Court to prevent threatened offended party or her parent, grandparents or guardian and
unlawful arrest. the complainant must not have expressly pardoned the
offender.
** The second/ third paragraph of Sec 5 speaks of Private
Crimes. Q:What if the offended party in seduction, abduction, and
acts of lasciviousness is a minor, who shall file the
How are private crimes prosecuted? complaint?
Private crimes can be prosecuted upon a complaint filed by the A: The minor can file the complaint independently of her
offended party. The private crimes that cannot be prosecuted parent/s, grandparent/s or guardian unless she is incompetent
de officio are adultery, concubinage, abduction, seduction, acts or incapable of doing so. However, if the minor fails to file the
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complaint, her parent/s, grandparent/s or guardian may file seduction, abduction & acts of lasciviousness – they cannot
the complaint (People vs Ignacio, 294 SCRA 542). The right be prosecuted if the offender has been expressly pardoned by
granted to the parent/s, etc. is exclusive and successive, AND the offended party, or her parents, grandparents, or guardian
SHALL BE EXERCISED SUCCESSIVELY IN THE SAID ORDER. If (Sec. 5, Rule 110) In defamation imputing any of such offenses
the offended party dies or becomes incapacitated before she – the law is silent
can file the complaint and she has no known parent/s, the
state can initiate the criminal action under the doctrine of When should pardon be granted?
parens patriae. The pardon to justify the dismissal of the complaint should be
made prior to, and not after, the institution of the criminal
Q: What if the offended party in adultery or concubinage is, action
who shall file the complaint?
A: Only the offended party and nobody else even if he or she is REPUBLIC ACT No. 10071
a minor. The right is exclusive.
AN ACT STRENGTHENING AND RATIONALIZED THE
Q: Is the conformity of the minor required to file a NATIONAL PROSECUTION SERVICE
complaint?
A: No, conformity is not required for minors since in filing the Be it enacted by the Senate and House of Representatives
case, no criminal liabilities are being extinguished, instead of the Philippines in Congress assembled:
nabubuhay pa yung kaso.
Section 1. Title. - This Act shall be known as the
Q: Does the conformity of minors required for the "Prosecution Service Act of 2010."
parent/guardian to withdraw the complaint?
A: Yes. Because once pardon has been provided, the criminal Section 7. Powers and Functions of the Regional Prosecutor.
liability of the offender will be extinguished. - The Regional Prosecutor shall, under the control and
supervision of the Secretary of Justice, have the following
If you are a woman or person of majority age, you have the powers and functions:
legal capacity to act unless she is incompetent or incapable of
doing so. (a) Implement policies, plans, programs, memoranda,
orders, circulars and rules and regulations of the DOJ
What is the effect of pardon in private crimes? relative to the investigation and prosecution of criminal
In adultery & concubinage – offended party and the paramour cases in his/her region;
cannot be prosecuted if the offended party has consented to
the offense or pardoned, express or implied, the offenders In
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(b) Exercise immediate administrative supervision over all (1) Appoint such number of subordinate officers and
provincial and city prosecutors and other prosecuting employees as may be necessary; and approve transfer of
officers for provinces and cities comprised within his/her subordinate personnel within the jurisdiction of the
region; regional office and exercise disciplinary actions over them
in accordance with the Civil Service law, other existing laws
(c) Prosecute any case arising within the region; and regulations;
(d) When so delegated by the Secretary of Justice, resolve (2) Approve requests for sick, vacation and maternity and
with finality appeals from or petitions for review of other kinds of leaves, with or without pay, for a period not
judgements and orders of provincial and city prosecutors exceeding one (1) year, for overtime services; for
and their assistants within the region in cases where the permission to exercise their profession or to engage in
offenses charged are cognizable by the municipal trial business outside of office hours; for official travel within
court. This notwithstanding, the Secretary of Justice is not the region for periods not exceeding thirty (30) days; and
precluded from exercising his power or review over such for claims and benefits under existing laws;
resolutions of the regional Prosecutor in instances where
lies grave abuse of discretion on the part of the Regional (3) Exercise immediate administrative supervision over all
Prosecutor, and from determining the extent of the provincial and city prosecutors, their assistants and all
coverage of the power of review of the Regional other prosecuting officers of the provinces and cities within
Prosecutors; his/her region;
(e) Designate a prosecutor from any office of the provincial (4) Investigate administrative complaints against
or city prosecutor within the region as Acting Provincial or prosecutors and other prosecuting officers within the
City Prosecutor to investigate and prosecute a case in region and submit his/her recommendation to the
instances where parties question the partiality or bias of a Secretary of Justice who shall, after review thereof and
particular city or provincial prosecutor or where the city or where warranted, submit the appropriate recommendation
provincial prosecutor voluntarily inhibits himself/herself by to the office of the president for the latter's consideration;
reason of relationship to any of the parties within the sixth
(6th) civil degree of consanguinity or affinity; (5) Approve attendance of personnel in conferences,
seminars and other training programs within the region;
(f) With respect to his/her regional office and the offices of
the provincial and city prosecutors within his region, (6) Prepare the budget for the region for approval of the
he/she shall: Secretary of Justice and administer the same;
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(7) Approve requisition for supplies, materials and receive the statements under oath or take oral evidence of
equipment, as well as books, periodicals and the like and witnesses, and for this purpose may by subpoena summon
other items for the region in accordance with the approved witnesses to appear and testify under oath before him/her,
supply procurement program; and the attendance or evidence of an absent or recalcitrant
witness may be enforced by application to any trial court;
(8) Negotiate and conclude contracts for services or for
furnishing supplies, materials and equipment and the likes (c) Have charge of the prosecution of all crimes,
within the budgetary limits set for the region; misdemeanors and violations of city or municipal
ordinances in the courts at the province or city and therein
(9) Within his/her region, monitor the submission of all discharge all the duties incident to the institution of
reports as may be required by the Secretary of Justice; criminal actions, subject to the provisions of second
paragraph of Section 5 hereof.
(10) Coordinate with the regional offices of other
departments, bureaus and agencies of the government and Section 11. Office of the City Prosecutor. Number of
with local governments units in the region; and Prosecutor for Each City. - There shall be for each of the
following cities the corresponding number of City
(11) perform such other duties and functions as may be Prosecutor and his/her deputies, assistants and associates.
Provided by law or as may further be delegated by the
Secretary of Justice. (a) Manila: (178)
Section 9. Powers and Functions of the Provincial One (1) City Prosecutor
Prosecutor or City Prosecutor. - The provincial prosecutor
shall: Seven (7) Deputy City Prosecutors
(a) Be the law officer of the province or city, as the case Seventy-four (74) Senior Assistant City Prosecutors
may be:
Ninety-six (96) Assistant City Prosecutors
(b) Investigate and/or cause to be investigated all charges
of crimes, misdemeanors and violations of penal laws and (b) Quezon City: (109)
ordinances within their respective jurisdictions, and have
the necessary information or complaint prepared or made One (1) City Prosecutor
and filed against the persons accused. In the conduct of Five (5) Deputy City Prosecutors
such investigations he or any of his/her assistants shall
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Forty-eight (48) Senior Assistant City Prosecutors (f) Iloilo: (36)
Fifty-five (55) Assistant City Prosecutors One (1) City Prosecutor
(c) Makati: (107) Two (2) Deputy City Prosecutors
One (1) City Prosecutor Thirteen (13) Senior Assistant City Prosecutors
Five (5) Deputy City Prosecutors Twenty (20) Assistant City Prosecutors
Fifty (50) Senior Assistant City Prosecutors (g) Caloocan: (35)
Fifty-one (51) Assistant City Prosecutors One (1) City Prosecutor
(d) Cebu: (42) Two (2) Deputy City Prosecutors
Two (2) Deputy City Prosecutors Nineteen (19) Assistant City Prosecutors
Seventeen (17) Senior Assistant City Prosecutors (h) Pasay: (31)
Twenty-two (22) Assistant City Prosecutors One (1) City Prosecutor
(e) Pasig: (37) Two (2) Deputy City Prosecutors
Two (2) Deputy City Prosecutors Fifteen (15) Assistant City Prosecutors
Sixteen (16) Senior Assistant City Prosecutors (i) Bacolod; Davao; Cagayan de Oro: (30)
Eighteen (18) Assistant City Prosecutors One (1) City Prosecutor
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Two (2) Deputy City Prosecutors Twelve (12) Assistant City Prosecutors
Thirteen (13) Senior Assistant City Prosecutors (m) Las Pinas: (21)
Fourteen (14) Assistant City Prosecutors One (1) City Prosecutor
(j) Naga (Camarines Sur): (27) One (1) Deputy City Prosecutor
One (1) City Prosecutor Seven (7) Senior Assistant City Prosecutors
Two (2) Deputy City Prosecutors Seven (7) Assistant City Prosecutors
Twelve (12) Senior Assistant City Prosecutors (n) Mandaluyong: (16)
Twelve (12) Assistant City Prosecutors One (1) City Prosecutor
(k) Paranaque: (23) One (1) Deputy City Prosecutor
One (1) City Prosecutor Seven (7) Senior Assistant City Prosecutor
One (1) Deputy City Prosecutor Seven (7) Assistant City Prosecutors
Eight (8) Senior Assistant City Prosecutors (o) Valenzuela; Muntinlupa; Taguig: (15)
Thirteen (13) Assistant City Prosecutors One (1) City Prosecutor
(l) Marikina: (22) One (1) Deputy City Prosecutor
One (1) City Prosecutor Seven (7) Senior Assistant city Prosecutors
One (1) Deputy City Prosecutor Six (6) Assistant City Prosecutors
Eight (8) Senior Assistant City Prosecutors (p) Malabon and Navotas: (13)
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One (1) City Prosecutor Eight (8) Assistant City Prosecutors
One (1) Deputy City Prosecutor Nine (9) Associate City Prosecutors
Five (5) Senior Assistant city Prosecutors (t) Batangas: (18)
Six (6) Assistant City Prosecutors One (1) City Prosecutor
(q) San Juan: (10) One (1) Deputy City Prosecutor
One (1) City Prosecutor Eight (8) Assistant City Prosecutors
One (1) Deputy City Prosecutor Eight (8) Associate City Prosecutors
Four (4) Senior Assistant city Prosecutors (u) Angeles: (17)
Four (4) Assistant City Prosecutors One (1) City Prosecutor
(r) Baguio; San Fernando (Pampanga); Antipolo; One (1) Deputy City Prosecutor
Dumaguete: (20)
Seven (7) Assistant City Prosecutors
One (1) City Prosecutor
Eight (8) Associate City Prosecutors
One (1) Deputy City Prosecutor
(v) Tacloban; Zamboanga: (16)
Eight (8) Assistant City Prosecutors
Eight (10) Associate City Prosecutors
(s) Cabanatuan; Legaspi: (19)
Seven (7) Assistant City Prosecutors
Seven (7) Associate City Prosecutors
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(w) Iligan: (15) One (1) Deputy City Prosecutor
One (1) City Prosecutor Five (5) Assistant City Prosecutors
One (1) Deputy City Prosecutor Five (5) Associate City Prosecutors
Six (6) Assistant City Prosecutors (aa) Urdaneta; Puerto Prinscesa: (11)
Seven (7) Associate City Prosecutors One (1) City Prosecutor
(x) Laoag: San Fernando (La Union); Tuguegarao; Lucena; One (1) Deputy City Prosecutor
Iriga; Roxas: (14)
Five (5) Assistant City Prosecutors
Four (4) Associate City Prosecutors
(bb) Dipolog: Pagadian: (10)
Six (6) Assistant City Prosecutors
Six (6) Associate City Prosecutors
(y) Dagupan; Olongapo; Calamba; General Santos: (13)
Four (4) Assistant City Prosecutors
Four (4) Associate City Prosecutors
(cc) San Jose Del Monte: San Pablo: Masbate: Mandaue: (9)
Five (5) Assistant City Prosecutors
Six (6) Associate City Prosecutors
(z) Tagbilaran; Butuan (12)
Three (3) Assistant City Prosecutors
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Four (4) Associate City Prosecutors (gg) Candon; Vigan; Alaminos;Cauayan; San Carlos
(Pangasinan); Tanauan; Calapan; San Carlos (Negros
(dd) Santiago; Malolos; Meycauayan; Tarlac; Sorsogon; Occidental); Clabayog; Ormoc; Ozamis; Malaybalay;
Oroquieta: (8) Cotabato; Gingoog; Digos; Koronadal; Kidapawan; Marawi:
(5)
Three (3) Assistant City Prosecutors
Two (2) Assistant City Prosecutors
Three (3) Associate City Prosecutors
One (1) Associate City Prosecutor
(ee) Gapan; Balanga; Lipa; Ligao;Tabaco;Lapu-Lapu;Tagum:
(7) (hh) Surigao: (4)
One (1) City Prosecutor One (1) City Prosecutor
One (1) Deputy City Prosecutor One (1) Deputy City Prosecutor
Three (3) Assistant City Prosecutors One (1) Assistant City Prosecutor
Two (2) Associate City Prosecutors One (1) Associate City Prosecutor
(ff) San Jose; Cavite; Talisay (Cebu) : (6) (ii) Palayan; Science City of Munoz; Sta. Rosa; Tagaytay;
Trece Martirez; Passi; Bago; Cadiz; Himamaylan;
One (1) City Prosecutor Kabankalan; La Carlota; Silay; Sagay; Danao; Toledo; Bais;
One (1) Deputy City Prosecutor Bayawan; Canlaon; Tanjay; Maasin; Dapitan; Isabela;
Tangub; Panabo; Island Garden City of Samal; Bislig;
Two (2) Assistant City Prosecutors Tacurong: (3)
Two (2) Associate City Prosecutors One (1) City Prosecutor
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REMEDIAL LAW
One (1) Deputy City Prosecutor during custody or detention, it shall be the duty of the
prosecutor to investigate the same. (n)
One (1) Associate City Prosecutor
Section 20. Conduct of Preliminary Investigation. -
(jj) Escalante; Sipalay; Talisay (Negros Occidental); Preliminary investigation shall be conducted in the
Victorias; Valencia: (2) following instances:
One (1) City Prosecutor (a) when the child in conflict with the law does not
qualify for diversion;
One (1) Deputy City Prosecutor (b) when the child, the parents or guardian do not agree
to diversion as provided in Sections 27 and 28 of
After the approval of this Act, there shall be for each city Republic Act No. 9344; or
one (1 deputy city prosecutor for every twenty-five (25) (c) when, after considering the assessment and
prosecutors or a fraction thereof. When an Office of the City recommendation of the social worker, the prosecutor
Prosecutor has more than one (1) deputy city prosecutor, determines that diversion is not appropriate for the child
the incumbent deputy city prosecutor first appointed shall in conflict with the law. (n
be called senior deputy city prosecutor.
CRISOSTOMO vs. SINGH
A.M. No 02-1-18 SC
FACTS:
Section 19. Preliminary Investigation. - As far as
consistent with this Rule, the preliminary investigation of
● A Complaint-Affidavit dated 13 September 2004,
a child conflict with the law shall be governed by Section was filed by Estrella V. Crisostomo charging
3 of Rule 112 of the Revised Rules of Criminal Procedure. Presiding Judge Maria Filomena Singh-Paulite with
A specially trained prosecutor shall be assigned to knowingly rendering an unjust judgment, gross
conduct the inquest, preliminary investigation and inefficiency and gross ignorance of the law relative
prosecution of the case involving a child in conflict with to a criminal case
the law. The child, on the other hand, shall be assisted by
● The decision acquitted Armi Candelaria and
a private lawyer or if none, a lawyer from the Public dismissed the case for insufficiency of evidence.
Attorney's Office. If there is an allegation or evidence of
● However, the public prosecutor failed to attend the
torture or ill-treatment of a child in conflict with the law scheduled hearings in 2 instances
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REMEDIAL LAW
● This caused the cancellation of all hearings that "(A) 11 criminal actions commenced by
including the promulgation of judgment. complaint or information shall be prosecuted under
● The promulgation date was reset 20 days later and the direction and control of the prosecutor.
advance copies of the decisions were sent to the
parties. In the absence of a specific rule on the matter, therefore,
● Before this Court, the complainant alleges that the reference must be made to the general rule found in Section 5
decision was promulgated in the absence of the of Rule 110 which requires that "(A) criminal actions
public prosecutor, the contention is that the decision commenced by complaint or information shall be prosecuted
must be deferred. under the direction and control of the prosecutor." In the case
of People of the Philippines vs. Beriales (G.R. No. L-39962, 17
April 1976, 70 SCRA 361), the Supreme Court defined this role
RULING: of the Trial Fiscal, thus: "In the trial of criminal cases, it is the
YES duty of the public prosecutor to appear for the government. As
stated by this Court, 'once a public prosecutor has been
● The court find that it served as sufficient ground for entrusted with the investigation of a case and has acted
the respondent Judge to reset the promulgation 20 thereon by filing the necessary information in court, he is by
days after the original date set law duty bound to take charge thereof until its final
● It was not characteristic of gross inefficiency on the termination, for under the law he assumes full responsibility
part of respondent Judge Paulite. for his failure or success since he is the one more adequately
● It should be noted that nowhere under Rule 120 of prepared to pursue it to its termination.' (Salcedo vs. Liwag,
the 2000 Revised Rules of Criminal Procedure is L-21068, November 29, 1963, 9 SCRA 609)." There can be no
there any mention of the presence or absence of the doubt that the "final termination" of a criminal prosecution
prosecution. referred to is the promulgation of judgment in the case. The
● In fact, Section 6 of Rule 120 clearly lays down the presence of the Public Prosecutor during promulgation of
rule for promulgation of the judgment in absentia, judgment is therefore indispensable. This supports the
when the same may proceed even in the absence of common practice and the policy of trial courts of promulgating
either or both the accused and the accused's their judgments in criminal cases always in the presence of the
counsel, without any word regarding the presence or assigned Public Prosecutor.
absence of the prosecution.
PEOPLE vs. YPARRAGUIRRE
● In the absence of a specific rule on the matter,
therefore, reference must be made to the general CRIME:Rape
rule found in Section 5 of Rule 110 which requires
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REMEDIAL LAW
FACTS: Who is the offended party in the case of Bigamy?
Accused-appellant was charged with the crime of rape. The A: The wife
victim, Rosita, is his housemaid. A complaint was made and
signed by the chief of police. The offended party is the complainant who is merely the
witness in a criminal case.
DOCTRINE:
No. Since the crime of rape was committed under the old Who is the plaintiff in the case of Bigamy?
law, it is considered as a private crime as it is under crimes A: The State. People of the Philippines
against chastity. Hence, only the offended party/ victim of
the complaint can file / sign the case. In the new rape law Is the consent given prior to the commission of
passed in 1997, it is now a crimes against person which concubinage valid?
makes it a public crime. Hence, it can be filed by the chief A: The SC states that the consent provided by the person
of police. who provided the consent prior to the separation waives
the right to file a case against the consented party.
When did the rape happen and the new rape law passsed?
A: The rape happened in 1994 while the new rape law was Section 6. Sufficiency of complaint or information. — A
passed in 1997. complaint or information is sufficient if it states the name
of the accused; the designation of the offense given by the
PEOPLE vs. SCHNECKENBURGER statute; the acts or omissions complained of as constituting
the offense; the name of the offended party; the
CRIMES: Bigamy and Concubinage. approximate date of the commission of the offense; and the
place where the offense was committed.
FACTS: Cases filed against Schneckenburger are Bigamy
was filed in the CFI (Rizal) while the Concubinage will be When an offense is committed by more than one person, all
filed in Manila. Schneckenburger contended that there was of them shall be included in the complaint or information.
an agreement between him and his wife to enter into a (6a)
new relationship.
Section 6 of Rule 110 gives us the requirements for a
DOCTRINE: complaint or information to be valid.
Schneckenburger was convicted with Bigamy since he
married to another again but was acquitted in the case of Contents of a valid complaint or information: (NDAO-DP)
concubinage
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REMEDIAL LAW
i. Name of the accused; any appellation, nickname by which complying with the protected constitutional rights of an
he is known or has been known; accused.
ii. Designation of the offense given by the statute; Q:Can the accused be convicted of a crime not charged in
the information/ complaint?
iii. Acts or Omissions complained of as constituting the A: No, the accused cannot be convicted of a crime not
offense; charged in the complaint or information as it will be
violative against his right to be informed of the nature and
iv. The name of the Offended party; cause of accusation against him.
v. The approximate Date of the commission of the offense; Q: Can the accused be convicted of a crime not charged in
vi. Place where the offense was committed. the information/ complaint but was duly prudent during
trial?
Q: Where do you find the requisites for the name of the A: No, the accused cannot be convicted of a crime not
accused to be sufficient? charged in the complaint or information even when the
A: The provision regarding the name of the accused can be elements of another crime is present or duly prudent
found in Sec 7 Rule 110. during the trial as it will be violative against his right to be
informed of the nature and cause of accusation against
Purpose of the rule: him.
1. Inform the accused of the nature and cause of Criteria for the Sufficiency of an indictment
accusation against him/ her; and
2. To notify the defendant of the criminal acts imputed to 1. Whether the indictment contains the elements of the
him so that he can duly prepare his defense offense to be charged, and sufficiently apprises the defendant
of what he must be prepared to meet
Q:Why is there a need for the accused to be informed of the
nature and cause of accusation against him? 2. In case any other proceeding are taken against the
A: Bec it is a right guaranteed under the Constitution. defendant for the same offense, the records must accurately
show up to what extent he may please a former acquittal or
One of the Constitutional rights of the accused is to be conviction.
informed by the nature and cause of accusations against
him. Hence, through these 6 requisites, the law in effect is Q: Can the sufficiency of an information be questioned?
A: Yes, however it is not absolute. An accused is deemed to
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REMEDIAL LAW
have waived this right if he fails to object upon arraignment or be included therein must be determined by reference to the
during trial. In either of the cases, evidence presented during definitions and essentials of the specified crimes.
the trial can cure the defect in the information.
Section 7. Name of the accused. — The complaint or
information must state the name and surname of the
PEOPLE vs DIMAANO accused or any appellation or nickname by which he has
been or is known. If his name cannot be ascertained, he
CRIME: Rape and Attempted Rape must be described under a fictitious name with a statement
that his true name is unknown.
FACTS:
Maricar Dimaano charged her father, Edgardo Dimaano with If the true name of the accused is thereafter disclosed by
two (2) counts of rape and one (1) count of attempted rape. him or appears in some other manner to the court, such
true name shall be inserted in the complaint or information
WON the word TRY OR ATTEMPT which regards to the
complaint or information for attempted rape sufficiently and record.
alleged the specific acts or omissions constituting the offense
Q: How must the name of the accused be stated in C/I?
A: Sec 7 Rule 110
Ruling:
YES. SC ruled that the word TRY and ATTEMPT are sufficient
enough as they are CONDITIONS SINE QUA NON. Rules in stating the name of the accused:
It is the description of the crime charged and the 1. C/ I must state the name and surname of the
particular facts therein recited. The acts or omissions accused or any appellation or nickname by which
complained of must be alleged in such form as is sufficient has been known
to enable a person of common understanding to know what 2. In cases that name cannot be ascertained, a
offense is intended to be charged, and enable the court to fictitious name with a statement that his true name
pronounce proper judgment. is unknown;
3. If the true name has been ascertained, the name
No information for a crime will be sufficient if it does not
shall be inserted in the C/I or record.
accurately and clearly allege the elements of the crime
charged. First sentence - Appellation- Alias- “Boy Tapang”
Second sentence presupposes that the real name of the
Every element of the offense must be stated in the
accused cannot be ascertained - Fictitious Name -John Doe
information. What facts and circumstances are necessary to
34
REMEDIAL LAW
Q: When can a mistake in the name of the accused be WON the insertion of the real name of the accused can be
corrected? Why? made after the arraignment? Is it considered a matter of
A: Name can be corrected in any state of proceedings as form/ substance?
the correction which regards to the name of the accused
does not affect in any way deprive the accused his right to Ruling:
put forward his defenses. Yes. the insertion of name or real name of the accused can
be made at any state of arraignment as it is only a matter
Is a mistake in the name of the accused equivalent to a of form.
mistake in the identity of the accused?
No. a mistake in the name of the accused does not amount Section 8. Designation of the offense. — The complaint or
to a mistake in the identity of the accused especially when information shall state the designation of the offense given
sufficient evidence has been presented to show that the by the statute, aver the acts or omissions constituting the
accused was pointed to as one of the perpetrators of the offense, and specify its qualifying and aggravating
crime. However, the identity of the accused must be proven. circumstances. If there is no designation of the offense,
reference shall be made to the section or subsection of the
PEOPLE vs PADICA statute punishing it.
CRIME: Kidnapping with Murder and Illegal Possession of Purpose:

Firearms To enable a person of common understanding to know
what offense is intended to be charged
FACTS:
The defendants were charged with kidnapping for ransom To enable the court to pronounce proper judgment
with murder and a separate charge for illegal possession of
firearms. When accused Romeo Padica and Marajas were Q: What is the test that should be followed for purposes in
both arraigned, with the assistance of their respective determining whether the offense was sufficiently
counsel, they both pleaded not guilty. designated?
A: The determinative factor in order to determine whether the
Marajas Jr was not included in the case of kidnap for offense was sufficiently designated is WON all the elements of
ransom which has been contended as arraignment has the crime are stated in the information./ sufficiently aver or
been done. the acts complained of are stated in the complaint/
information. If the answer is yes, then YES it is sufficient.
Hindi kailangan pag Estafa, nakalagay mismo Estafa.
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REMEDIAL LAW
The complaint or information must aver the qualifying and MALTO vs. PEOPLE
generic aggravating circumstances. These circumstances
change the nature of the offense. CRIME:
Violation of Section 5(a), Article III, RA 7610- Original
Meaning: These circumstances must be alleged in the charge
information or complaint in order for the judge to appreciate it
Violation of Section 5(b), Article III, RA 7610- Convicted
Q: Sec 8 states that the C/I must aver the qualifying and
generic aggravating circumstances. What are the qualifying Facts:
and generic circumstances? Malto seduced his student, AAA, a minor, to indulge in
A: sexual intercourse several times with him. Prior to the
Qualifying- changes the nature of the crime (by degree) incident, petitioner and AAA had a “mutual understanding”
and became sweethearts.
Generic Aggravating - Increases the penalty which should be
imposed upon the accused to the maximum period Since AAA was pressured and afraid of the petitioner’s
(minimum,medium, maximum) without exceeding the limit threat to end their relationship, AAA give in and had sexual
prescribed by law intercourse.
Q: What is the effect of the Qualifying aggravating Upon discovery, AAA’s mother lodged a complaint in the
circumstance if not alleged in the information? Office of the City Prosecutor of Pasay City. Assistant City
A: It would not be appreciated. Prosecutor charged the petitioner in an Information a
violation of Section 5(a), Article III, RA 7610 (Child
Q: How about the generic aggravating circumstance? Prostitution and Other Sexual Abuse) but by paragraph (b)(
A: It would not be appreciated. Those who commit the act of sexual intercourse of
lascivious conduct with a child exploited in prostitution or
**If the information does not allege the qualifying aggravating subject to other sexual abuse) of Section 5, Article III of RA
circumstance, for example: Premeditation. It will not be 7610; and thereby sentenced to an indeterminate penalty
appreciated. Dati kahit hindi alleged, but proven during trial, prision mayor.
tataas paden ang penalty prescribed sayo.
Issue:
WON the designation of the offense is correct
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REMEDIAL LAW
Ruling: Section 10. Place of commission of the offense. — The
NO complaint or information is sufficient if it can be
understood from its allegations that the offense was
The complaint or information shall state the designation of committed or some of the essential ingredients occurred at
the offense given by the statute, aver the acts or omissions some place within the jurisdiction of the court, unless the
constituting the offense and specify its qualifying and particular place where it was committed constitutes an
aggravating circumstances.If there is no designation of the essential element of the offense or is necessary for its
offense, reference shall be made to the section or subsection identification.
of the statute punishing it.
Q: How are you going to allege the place of the
commission of the offense?
Section 9. Cause of the accusation. — The acts or omissions A: The complaint or information is sufficient if it can be
complained of as constituting the offense and the understood from its allegations that the offense was
qualifying and aggravating circumstances must be stated in committed or some of the essential ingredients occurred at
ordinary and concise language and not necessarily in the some place within the jurisdiction of the court, unless the
language used in the statute but in terms sufficient to particular place where it was committed constitutes an
enable a person of common understanding to know what essential element of the offense or is necessary for its
offense is being charged as well as its qualifying and identification.
aggravating circumstances and for the court to pronounce Q: C/I alleged that the crime was committed in Pamplona I,
judgment. (9a) but in reality, the crime is committed in Pamplona II. can
Q: What is the purpose of Sec 9? there be a conviction?
A: For the accused to be informed of the nature and cause of A: Yes, because the variance would not render the accused not
the accusation. knowing of the crime and have the opportunity to defend
himself.
**When it speaks of the sufficiency of the C/I, always include
that statement ‘C/I is defective as it will violate the Homicide- accused will still be convicted because the variance
constitutional right of the accused to be informed of the on the place of commission is not an essential element of a
nature and cause of accusation. crime of homicide
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REMEDIAL LAW
carrying of Deadly weapon during election- essential element The examples are:
and place so it needs to be alleged correctly. (i) criminal offenses of libel, which may be instituted in the
place where any of the offended parties actually resides at the
Q: Accused committed Trespass to dwelling in Brgy Tatalon, time of the commission of the offense (Art. 260 of the RPC);
however the place indicated in C/I is Brgy Imelda. Can the
accused be convicted? (ii) a criminal action arising from illegal recruitment as defined
A: No. the place is essential element of the crime trespass to under RA 8042 may be filed with the RTC of the province or
dwelling, hence the specific house needs to be alleged. city where the offense was committed or where the offended
party actually resides at the time of the commission of the
Q: Is venue in criminal cases jurisdictional? offense (Sec. 9, RA 8042);
A: Yes. It is a vital ingredient of jurisdiction (Cudia vs CA, 284
SCRA 173). Thus, in all criminal prosecutions, the action shall (iii) a criminal action for trafficking of persons may be filed at
be instituted and tried in the court of the municipality or the place of actual residence of the trafficked person at the
territory wherein the offense was committed or where any one time of the commission of the offense (Sec. 9, RA 8042);
of the essential ingredients thereof took place.
(iv) a criminal violation of the Cybercrime Prevention Act of
Q: How about in civil cases? Is venue in civil cases 2012 by a Filipino national regardless of the place of the
jurisdictional? commission
A: No. Venue in civil cases can be waived. If both parties
agreed to file the case in RTC Makati but you filed a case in Section 11. Date of commission of the offense. — It is not
RTC Pasay and the opposing party did not object and moved necessary to state in the complaint or information the
for dismissal or raised the affirmative defense of improper precise date the offense was committed except when it is a
venue. It is now deemed waived. Unlike in criminal cases, at material ingredient of the offense. The offense may be
any point in time, it can be raised as a defense and the case alleged to have been committed on a date as near as
can be dismissed. possible to the actual date of its commission.
Q: What is the purpose of Sec11?

Q: Is the rule that venue in criminal cases jurisdictional A: For the accused to be informed of the nature and cause of
absolute? the accusation.
A: No. The exception is when the law expressly permits the
filing of the complaint or information in a place other than the What are the two rules on averment of date in the
place of commission of the offense. complaint or information under Sec. 11 of Rule 110?
(i) where time is not a material ingredient of the offense, it is
38
REMEDIAL LAW
sufficient that the information alleges that the act constitutive
of the offense was committed at a time as near to the actual
date when the same was carried out; but Dichao appealed on the grounds:
That the facts therein set forth and contained do not
(ii) where the time is material ingredient of the offense, it must constitute a public offense.
be correctly alleged in the information
That the said criminal complaint does not conform
**The phrases ‘the year 2015 and on days thereafter’ and ‘Mar substantially to the prescribed form.
15, 2013 and days prior thereto’ are defective and failed to
comply with sec6 because the information is duplicitous.
Issue:
WON the criminal complaint alleged is sufficient under
sec 6
US vs DICHAO Ruling:
No, While the section 7 of the Code of Criminal Procedure
CRIME: Rape provides that "except when time is a material ingredient
of an offense, the precise time of commission need not
Facts: be stated in a complaint or information, but the act may
On or about and during the interval between October, be alleged to have been committed at any time before
1910, to August, 1912, in the municipality of Davao, the filing thereof," this does not mean that the
District of Davao, Moro Province, P. I., the aforesaid accused prosecuting officer may be careless about fixing the date
did then and there, willfully, maliciously, and feloniously of the alleged crime, or that he may omit the date
have sexual intercouse with, and did lie with, and carnally altogether, or that he may make the allegation so
know a woman, Isabel de la Cruz, under 12 years of age, in indefinite as to amount to the same thing. Where the
exact date cannot be fixed, or where the prosecuting
the following manner, to wit: the aforesaid accused is the
officer is thoroughly satisfied that he can prove a precise
stepfather of the aforesaid Isabel de la Cruz and during the date, he should allege in the information that the crime
aforesaid period was the legal guardian of said Isabel de la was committed on or about a date named. Under such
Cruz; that by threats and corporal punishment upon said allegation he is not required to prove any precise date
Isabel de la Cruz ,the aforesaid accused, Antonio Javier but may prove any date which is not so remote as to
Dichao, had sexual intercourse with and did lie with and surprise any prejudice the defendant. In case of surprise
carnally know-said Isabel de la Cruz; as a result whereof the court may allow an amendment of the information as
the said Isabel de la Cruz gave birth on August 5, 1912, to to time and an adjournment to the accused, if necessary,
a child. All contrary to law." to meet the amendment.
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REMEDIAL LAW
Section 12. Name of the offended party. — The complaint or

information must state the name and surname of the Q. What is the rule under Sec. 13?
person against whom or against whose property the A. The general rule is the information must charge one
offense was committed, or any appellation or nickname by offense. The rationale is to give the accused the necessary
which such person has been or is known. If there is no knowledge of the charge and sufficient time to concentrate for
better way of identifying him, he must be described under a his defense (People vs Manalili, 294 SCRA 220). There is
fictitious name. however an exception. The exception is in complex crimes
where the law prescribes a single punishment for various
(a) In offenses against property, if the name of the offended offenses. The reason for the exception is in the eyes of the law,
party is unknown, the property must be described with they constitute only one crime because the offender has only
such particularity as to properly identify the offense one criminal intent.
charged.
Q. What is the effect of failure to prove complex crime?
(b) If the true name of the of the person against whom or A. If complex crime is charged and the evidence fails to
against whose properly the offense was committed is support the charge as to one of the component offenses, the
thereafter disclosed or ascertained, the court must cause defendant can be convicted only of the offense proved. (People
the true name to be inserted in the complaint or vs Calaboroso, 340 SCRA 338)
information and the record.
Q: What is duplicitous offense?
(c) If the offended party is a juridical person, it is sufficient A: A duplicitous information is a single complaint or
to state its name, or any name or designation by which it is information charges more than one offense
known or by which it may be identified, without need of
averring that it is a juridical person or that it is organized in A,tasked to collect money from the vendors. A collects P100/
accordance with law. (12a) vendor but only surrender a receipt with an amount of P10/
vendor.
Q: What are the crimes committed?

Section 13. Duplicity of the offense. — A complaint or A: Malversation and Falsification of documents
information must charge but one offense, except when the
law prescribes a single punishment for various offenses. Q: Is it a duplicitous offense?
A: Yes
40
REMEDIAL LAW
If it appears at any time before judgment that a mistake
Q: Did it violate sec13, Duplicity of offense? has been made in charging the proper offense, the court
A: No. shall dismiss the original complaint or information upon
the filing of a new one charging the proper offense in
Q. What is the remedy against duplicitous information? accordance with section 19, Rule 119, provided the accused
A. Move to quash the complaint or information before plea; shall not be placed in double jeopardy. The court may
otherwise the defect is deemed waived (People vs Nogar, 341 require the witnesses to give bail for their appearance at
SCRA 210). the trial.
Q. What is the effect if the accused fails to object to Q: What is amendment?
duplicitous information? A: An amendment refers to a change in either the form or
A. The court may convict him of as many offenses as are substance of the same offense in the information.
charged and proved, and impose on him the penalty for each
offense (Sec.3, Rule 120).
Q: What are the kinds of amendment?
Section 14. Amendment or substitution. — A complaint or A:
information may be amended, in form or in substance,
without leave of court, at any time before the accused 1. Formal amendment- amendments that does not charge
enters his plea. After the plea and during the trial, a formal another offense different from charged in the original
amendment may only be made with leave of court and onel do not alter the prosecution’s theory of the case
when it can be done without causing prejudice to the rights so as to cause the surprise to the accused and affect
of the accused. the form of defense he has or will assume are
considered merely as formal amendment
However, any amendment before plea, which downgrades
the nature of the offense charged in or excludes any Q: Instances when amendments is merely
accused from the complaint or information, can be made formal
only upon motion by the prosecutor, with notice to the A:
offended party and with leave of court. The court shall
state its reasons in resolving the motion and copies of its ● Where it neither affects nor
order shall be furnished all parties, especially the offended alters the nature of the offense
party. charged;
● Where the charge does not
deprive the accused of a fair
41
REMEDIAL LAW
opportunity to present his Q. What is the test of substantial amendment?
defense; A. The test is whether a defense under the information as it
● Where it does not involve a originally stood would be equally available after the
change in the basic theory of the amendment is made (People vs Degamo, 402 SCRA 133).
prosecution
● Additional allegation of Q. What are the rules on Amendment
conspiracy is not a formal A:
amendment provided that it does Before Plea-
not change they theory of the GR: is that any amendment, formal or substantial, before the
prosecution accused enters his plea may be done without leave of court
2. Substantial Amendment - consist of changing the XPN: Amendment which downgrades the nature of the offense
recital of facts constituting the offense charged and charged or excludes any accused from the C/I cam only be
determinative of the jurisdiction. made by:
Q: Instances when amendment is substantial: 1. Upon motion by the Prosecutor

2. With notice to the offended party;
● An amended information stating 3. With leave of Court
forth a different manner of
committing the felony; Rationale: To inform and protect the offended party that there
● including conspiracy where it will be a change in favor of the accused and by preventing the
involves change in the basic prosecuting officer from exercising oppressively its unlimited
theory of the prosecution discretion to amend.
● Change in the date of the
commission of the offense that NOTE: It must be clarified though that not all defects in an
would be prejudicial to the information are curable by amendment prior to entry of plea.
accused An information which is void ab initio cannot be amended to
obviate a ground for quashal. An amendment which operates
to vest jurisdiction upon the trial court is likewise
Q. What constitutes substantial amendments? impermissible
A. An amendment is substantial when it is prejudicial to the
After Plea-
rights of the accused.
Covers only formal amendment provided that:
42
REMEDIAL LAW
● Leave of court is obtained bond in lieu of the cash bond required of him. This request
● such amendment is not prejudicial to the rights of the was denied, and so was an oral motion for reconsideration,
accused on the ground that the amended information imputed
habitual delinquency and recidivism on the part of Almeda.
GALVEZ vs CA
Pwede mo i-amend ang FM to M. It is only a formal Almeda vigorously objected, arguing that (a) such an
amendment. Since it is a formal amendment, it can still be amendment was premature since no copies of prior
processed after a plea as long as there is leave of court conviction could yet be presented in court, (b) the motion
obtained and it is not prejudicial to the rights of the accused. to amend should have been made in writing in order to
enable him to object formally, and (c) the proposed
Essential elements of a consumated murder are the same amendment would place him in double jeopardy
essential elements of Murder. Yung pagkamatay is merely a considering that he had already pleaded not guilty to the
supervening event. Therefore, it is a formal amendement. information. The trial court nevertheless granted the
***Atty MAC does not agree with this but follow SC*** respondent fiscal's motion in open court. An oral motion for
reconsideration was denied.
DOCTRINE OF SUPERVENING EVENT
When a fact supervenes which changes the nature of the crime ISSUE:
charged in the Information or upgrades it to a higher crime, in Is the amendment regarding habitual delinquency and
which case, amendment may be made but there is a need for recidivism considered as formal amendment
another arraignment of the accused under the amended
information.
RULING:
An amendment due to a supervening event is considered only Yes, SC ruled that it is a formal amendment and can be
as a formal amendment as it did not adversely affect any pleaded after the plea of the accused
substantial right of appellant.
Ricarze vs CA
CRIME: Estafa through Falsification of commercial
document
Almeda v Villaluz
CRIME: Qualified Theft of a Motor vehicle FACTS:
Petitioner Eduardo G. Ricarze was employed as a
FACTS: collector-messenger by City Service Corporation, a
Almeda asked the trial court to allow him to post a surety domestic corporation engaged in messengerial services. He
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was assigned to the main office of Caltex Philippines, Inc.
(Caltex) in Makati City. His primary task was to collect ISSUE:
checks payable to Caltex and deliver them to the cashier. Is adding of elements of the crime considered a formal
He also delivered invoices to Caltex’s customers. amendment of a complaint or information
RULING: RULING:
The amendment is considered as formal amendment made Yes, Adding of elements of the crime is considered a formal
did not result in any prejudice to the petitioner amendment since the defense of the accused from the
original information would remain the same and can still
Cabo vs Sandiganbayan be used on the new information.
**Atty Mac don’t agree with this**
CRIME:
Violation of Section 3(b) of R.A. 3019 or the Anti-Graft and
Corrupt Practices Kummer vs People
FACTS: CRIME: Homicide

BONIFACIO C. BALAHAY, then Mayor of the Municipality of
Barobo, Surigao del Sur, a high ranking public official, with FACTS:
the use of his influence as such public official, committing Trying to amend the date of the commission of the offense
the offense in relation to his office, together with JOCELYN as there’s a disparity of 1 month.
CABO, did then and there, willfully, unlawfully and
feloniously receive and accept the amount of ONE ISSUE:
HUNDRED FOUR THOUSAND ONE HUNDRED SIXTY TWO WON the amendment of date due to disparity of 1 mo
PESOS AND 31/100 (P104,162.31) from said JOCELYN considered a formal amendment
CABO, Business Manager of Orient Integrated Development
Consultancy, Inc. (OIDCI), a consultancy group charged with RULING:
conducting a feasibility study for the Community-Based Yes, whenever the date is not an essential element of the
Resource Management Project of the Municipality of crime it shall be considered as a formal amendment.
Barobo, with accused Cabo giving and granting the said Mendez vs People
amount to accused Balahay in consideration of the said
accused having officially intervened in the undertaking by CRIME: Failure to file ITR
the OIDCI of such contract for consultancy services with the
Municipality of Barobo.
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FACTS: be cognizable by the court where the criminal action is first
The phrase “for the income earned 2001-2003” is missing filed.
ISSUE: Q: LRT Route Monumento to Baclaran - DInukot wallet sa

WON the adding of the phrase “for the income earned” Maynila. San ka pwede mag file?
considered as substantial amendment A: Pwede ka mag file ng case from Monumento to Baclaran
and all other stations na dinadaanan ng LRT.
RULING:
No. it is only a formal amendment. Q: Batangas Port dumadaan sa Cebu, sumakay ka sa Davao
papuntang Maynila. Dinukot wallet mo sa Cebu. Where can
you file?
Section 15. Place where action is to be instituted. — A: Sa Cebu, dun ka unang dumaan e. Tapos ang final
(a) Subject to existing laws, the criminal action shall be destination mo sa Batangas. Pag barko, kung san ka umalis, di
instituted and tried in the court of the municipality or ka pede mag file.
territory where the offense was committed or where any of
its essential ingredients occurred. Offense is committed on board a vessel in the course of its
voyage, the criminal action shall be instituted and tried in the
(b) Where an offense is committed in a train, aircraft, or court of the first port of entry or of any municipality or
other public or private vehicle while in the course of its territory where the vessel passed during such voyage.
trip, the criminal action shall be instituted and tried in the
court of any municipality or territory where such train,
aircraft or other vehicle passed during such its trip, Q. What is the basic rule enunciated in Sec. 15, Rule 110?
including the place of its departure and arrival. A. “The criminal action should be instituted in the court of the
place where the offense or any of its essential elements
(c) Where an offense is committed on board a vessel in the ingredients was committed”. This rule is not absolute. It is
course of its voyage, the criminal action shall be instituted subject to existing laws like the
and tried in the court of the first port of entry or of any
municipality or territory where the vessel passed during (i) original cases cognizable by the Sandiganbayan because
such voyage, subject to the generally accepted principles of the case shall be tried where the court sits (PD 1606 as
international law. amended);
(d) Crimes committed outside the Philippines but
punishable under Article 2 of the Revised Penal Code shall (ii) cases affecting ambassadors, public ministers and consuls
are within the concurrent original jurisdiction of the Supreme
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Court and RTC (Sec. 5[1], Aft. VIII, Constitution; Sec. 21, BP
129); RULING:
Yes, Venue is jurisdictional. However, on the case at bar,
(iii) libel cases under Art. 360 of the RPC; Jurisdiction of the court over criminal cases determined by
the allegations in a C/I was properly laid down in RTC
(iv) criminal actions arising from illegal recruitment under RA Cavite.
8042 which shall be filed with the RTC of the province or city
where the offense was committed or where the offended party Section 16. Intervention of the offended party in criminal
resides at the time of the commission of the offense (Se. 9, RA action. — Where the civil action for recovery of civil liability
8042) is instituted in the criminal action pursuant to Rule 111,
the offended party may intervene by counsel in the
Q. Can there be a change of venue or place of trial? Why? prosecution of the offense.
Give example.
A. Yes and only the Supreme Court can change the venue Q. When is an offended party not allowed to intervene in a
under Sec. 5[4], Art. VIII, 1987 Constitution in order to avoid criminal action?
miscarriage of justice. A. (i) when the offended party waives the civil action;
(ii) when he reserves the right to institute the civil action

ISIP vs PEOPLE separately; - this must be done prior the prosecution starts
to present evidence in accordance with the Second
CRIME: Estafa paragraph Sec1. Rule 111
FACTS: (iii) when he institutes the civil action prior to the criminal
Estafa was filed in the RTC of Cavite. Accused contends to action (see Sec. 1, Rule 111 of the ROC)
have the case dismissed as the crime of Estafa was
committed in Makati. **bawat krimen, may hinihinging danyos. Bawat crime
committed, may katumbas na civil liability. Halimabawa,
Mist of the essential elements of the crime committed in pumatay ka, magbabayad ka ng danyos, ikaw magbabayd ng
Cavite where the complainant resides as well. Makati is kabaong, pa ospital, etc.
where the cheque drawn.
Q. If the offended party intervenes in the criminal action
ISSUE: through a private prosecutor, does the government
WON Venue is jurisdictional prosecutor still retain the control of the prosecution?
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A. Yes The reservation of the right to institute separately the civil
action shall be made before the prosecution starts
Q. So what is the effect when the offended party actually presenting its evidence and under circumstances affording
intervenes in the criminal action by appearing through a the offended party a reasonable opportunity to make such
private prosecutor? reservation.
A. He loses his right to file a separate civil action for damages
if he failed to make a reservation. Thus, if the court did not When the offended party seeks to enforce civil liability
enter a judgment on the civil liability of the accused in the against the accused by way of moral, nominal, temperate,
criminal case because the offended party did not submit or exemplary damages without specifying the amount
evidence to prove damages, the judgment becomes res thereof in the complaint or information, the filing fees
judicata and an independent civil action under Art. 33 of the thereof shall constitute a first lien on the judgment
Civil Code cannot be brought by the offended party (Reyes vs awarding such damages.
Sempio-Diy, G.R. 71914, January 29, 1986). But where the
accused unexpectedly pleaded guilty to the offense charged Where the amount of damages, other than actual, is
which prevented the aggrieved party from proving her claim specified in the complaint or information, the
for damages and making a reservation to file a separate civil corresponding filing fees shall be paid by the offended
action, the Supreme Court held that the appearance of the party upon the filing thereof in court.
private prosecutor is not intervention (Reyes vs Sempio-Diy, Except as otherwise provided in these Rules, no filing fees
G.R. 71914, January 29, 1986). shall be required for actual damages.
No counterclaim, cross-claim or third-party complaint may

III. RULE 111 Prosecution of Civil Action be filed by the accused in the criminal case, but any cause
of action which could have been the subject thereof may be
Section 1. Institution of criminal and civil actions. — (a) litigated in a separate civil action. (1a)
When a criminal action is instituted, the civil action for the
recovery of civil liability arising from the offense charged (b) The criminal action for violation of Batas Pambansa Blg.
shall be deemed instituted with the criminal action unless 22 shall be deemed to include the corresponding civil
the offended party waives the civil action, reserves the action. No reservation to file such civil action separately
right to institute it separately or institutes the civil action shall be allowed.
prior to the criminal action. 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
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considered as the actual damages claimed. Where the ● When the offended party institutes the civil action
complaint or information also seeks to recover liquidated, prior to the criminal action
moral, nominal, temperate or exemplary damages, the
offended party shall pay additional filing fees based on the Q. What are the two aspects of a criminal action?
amounts alleged therein. If the amounts are not so alleged A. Criminal aspect and civil aspect. The criminal aspect is
but any of these damages are subsequently awarded by the intended to prosecute the offender for the act or omission
court, the filing fees based on the amount awarded shall punishable by law whereas the civil aspect is intended for the
constitute a first lien on the judgment. enforcement of a private right violated or for the recovery of
civil liability arising from the offense charged.
Where the civil action has been filed separately and trial
thereof has not yet commenced, it may be consolidated Q. What do you mean by “the civil action for the recovery of
with the criminal action upon application with the court civil liability arising from the offense charged shall be
trying the latter case. If the application is granted, the trial deemed instituted with the criminal action”?
of both actions shall proceed in accordance with section 2 A. The civil liability arising from the crime charged shall be
of this Rule governing consolidation of the civil and determined in the criminal proceedings if the offended party
criminal actions. (cir. 57-97) does not waive to have it adjudged, or does not reserve his
right to institute a separate civil action (Roa vs de la Cruz, G.R.
Q. What is deemed instituted with the criminal action? No. L-13134, Feb. 13, 1960) or does not institute a separate
A. Only the civil action arising from the offense charged. The civil action prior to the criminal action.
independent civil actions under Arts. 32, 33, 34 & 2176 of the
Civil Code are not included. Q. When is civil action deemed not instituted with the
criminal action?
GR: When a criminal action is instituted, the civil action for A.
the recovery of civil liability arising from the offense (i) when the offended party waives the civil action;
charged shall be deemed instituted with the criminal (ii) when he reserves the right to institute the civil action
action separately;
(iii) when he institutes the civil action prior to the criminal
XPN: action; and
● The offended party waives the civil action (iv) when the civil action is based on Arts. 32, 33, 34 & 2176
● When the offended party reserves the right to of the Civil Code.
institute it separately
Q. Must independent civil actions be reserved?
A. No. Independent civil actions in Arts. 32, 33, 34 & 2176 of
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the Civil Code are not deemed instituted with the criminal in the complaint or information filed in court, the filing fee
action but may be filed separately by the offended party even shall be paid by the offended party upon filing thereof; and
without reservation. The commencement of the criminal action
does not suspend the prosecution of the independent civil
action under said articles (Casupanan vs Laroya, 388 SCRA 28). (ii) in any other case, when the amount of damages is not so
alleged in the complaint or information filed in court, the filing
**The rights under Articles 31,32,33, 34 and 2176 are fee need not be paid and shall simply constitute a first lien on
substantive law. Hence, it cannot be diminished. (Hindi pwede the judgment except in an award for actual damages
bawasan. ) Between procedural law and substantive law, it is
the latter that will govern. NOTE: Actual damages are not included in the computation of
the filing fees. Only moral, nominal, temperate or exemplary
Q. Give example. and liquidated damages are included. However, in Violation of
A. A vehicular accident where a passenger was seriously BP 22 cases, the amount of the check, which shall be
injured. The passenger can file a criminal case of reckless considered as actual damages, shall be included in the
imprudence resulting in serious physical injuries and a civil computation of filing fees.
case for quasi delict based on Art. 2176.
Q: Cases where you can’t file independent civil action:
In the first case, the civil action to recover civil liability ex A: Cases are:
delicto is deemed instituted and the other is the civil action to
recover civil liability based on quasi-delict. The two cases can BP 22 (Bouncing Checks)
proceed simultaneously and independently of each other. The Cases in Sandiganbayan
commencement or prosecution of the criminal action will not Cases arising from the violation of Taxes
suspend the civil action for quasi-delict. The only limitation is
that the offended party cannot recover damages twice for the Yakult Philippines v. Court of Appeals
same act or omission.
CRIME/S:
Q. What are the rules for filing fees for damages? Criminal case: reckless imprudence resulting in slight physical
A. When the civil action is deemed instituted with the criminal injuries
action because the offended party has not waived the civil Civil case: damages
action, or reserved the right to institute it separately, or
instituted the civil action prior to the criminal action, the rules ● Petitioner was charged with the crime of reckless
are imprudence resulting in slight physical injuries.
(i) when the amount of damages, other than actual, is alleged ● Later, a complaint for damages was filed by respondent
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represented by his father, against petitioners in the
Regional Trial Court. ● Although the separate civil action filed in this case was
● Trial court rendered a decision awarding damages to without previous reservation in the criminal case,
nevertheless since it was instituted before the prosecution
respondents.
presented evidence in the criminal action, and the judge
● Petitioners’ appealed on the thesis that the civil action handling the criminal case was informed thereof, then the
for damages for injuries arising from alleged criminal actual filing of the civil action is even far better than a
negligence of Salvador, being without malice, cannot compliance with the requirement of an express reservation
be filed independently of the criminal action under that should be made by the offended party before the
Article 33 of the Civil Code. prosecution presents its evidence.
● Further, it is contended that under Section 1, Rule 111 ● Procedural laws have retroactive application.
of the 1985 Rules on Criminal Procedure such a
Article 2176. Whoever by act or omission causes damage to another,
separate civil action may not be filed unless
there being fault or negligence, is obliged to pay for the damage
reservation thereof is expressly made. done. Such fault or negligence, if there is no pre-existing contractual
● The appeal was dismissed. relation between the parties, is called a quasi-delict and is governed
by the provisions of this Chapter
ISSUE:
W/N a civil action instituted after the criminal action was filed,
before presentation of evidence by the prosecution, would prosper
even if there was no reservation to file a separate civil action? YES Heirs of Simon vs Chan
RULING: CRIME/S:
● [T]he civil action for the recovery of civil liability is
impliedly instituted with the criminal action unless the Crim case: BP22 – NO INDEPENDENT CIVIL ACTION
offended party waives the civil action, reserves his right to Civil case: collection of sum of money (3 years later)
institute it separately or institutes the civil action prior to
the criminal action. FACTS:
On July 11, 1997, the Office of the City Prosecutor of
● Such civil action includes recovery of indemnity under the
Revised Penal Code, and damages under Articles 32, 33, 34
Manila filed in the Metropolitan Trial Court of Manila
and 2176 of the Civil Code of the Philippines arising from (MeTC) an information charging the late Eduardo Simon
the same act or omission of the accused (INDEPENDENT CIV with a violation of Batas Pambansa Bilang 22 (BP Blg 22),
ACTIONS) docketed as Criminal Case No. 275381 entitled People v.
Eduardo Simon.
The purpose of this rule requiring reservation is to prevent
●
More than three years later, on August 3, 2000,
the offended party from recovering damages twice for the
same act or omission. respondent Elvin Chan commenced in the MeTC in Pasay
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City a civil action for the collection of the principal thereof has not yet commenced, it may be consolidated
amount of ₱336,000.00, coupled with an application for with the criminal action upon application with the court
a writ of preliminary attachment. trying the latter case. If the application is granted, the
It alleges the dishonor of Land Bank Check No. 0007280 trial of both actions shall proceed in accordance with
dated December 26, 1996 upon presentment for payment section 2 of the Rule governing consolidation of the civil
with drawee bank. The check, in the amount of ₱336,000 and criminal action
was issued to Chan by Simon who is the accused in the
above-mentioned criminal case.
The MeTC dismissed the case on the ground of litis Did the pendency of the civil action in the MeTC in
pendentia (a ground for the dismissal of a civil action Manila (as the civil aspect in Criminal Case No. 275381)
refers to that situation wherein another action is pending bar the filing of Civil Case No. 915-00 in the MeTC in
between the same parties for the same cause of action, Pasay City on the ground of litis pendentia?
such that the second action becomes unnecessary and
vexatious.) which was affirmed by the RTC. For litis pendentia to be successfully invoked as a bar to
On appeal, the CA reversed the decision and ordered the an action, the concurrence of the following requisites is
continuance of the civil case. necessary, namely: (a) there must be identity of parties or
at least such as represent the same interest in both
ISSUE: actions; (b) there must be identity of rights asserted and
W/N the institution of a separate civil action based on BP reliefs prayed for, the reliefs being founded on the same
Blg 22 is proper? - NO facts; and, (c) the identity in the two cases should be
such that the judgment that may be rendered in one
RULING: would, regardless of which party is successful, amount to
No. res judicata in respect of the other. Absent the first two
There is no independent civil action to recover the civil
liability arising from the issuance of an unfunded check
prohibited and punished under BP Blg 22. Neri vs Sandiganbayan
Section 1 (b) Rule 111 of the Rules of Court provides that
the criminal action for violation of Batas Pambansa Blg. CRIME: Graft and Corruption Cases
22 shall be deemed to include the corresponding civil
action. No reservation to file such civil action separately FACTS:
shall be allowed. This case talks about how criminal cases should be
Where the civil action has been filed separately and trial consolidated so as not to defeat the purpose of
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promoting a more expeditious and less expensive one is tried, in which case the judgment [in one] trial is
resolution of the controversy of cases involving the same conclusive as to the others. This is not actually
business transaction. consolidation but is referred to as such. (quasi
consolidation)
Petitioner Romulo L. Neri (Neri) served as Director
General of the National Economic and Development Where several actions are combined into one, lose their
Authority (NEDA) during the administration of former separate identity, and become a single action in which a
President Gloria Macapagal-Arroyo. In connection with single judgment is rendered. This is illustrated by a
the botched Philippine-ZTE National Broadband Network situation where several actions are pending between the
(NBN) Project, the Ombudsman filed two criminal same parties stating claims which might have been set
information out originally in one complaint. (actual consolidation)
the first against Abalos, Where several actions are ordered to be tried together
and the second against Neri. but each retains its separate character and requires the
The Office of the Special Prosecutor then moved for the entry of a separate judgment. This type of consolidation
two cases’ consolidation, to promote a more expeditious does not merge the suits into a single action, or cause
and less expensive resolution of the controversy of cases the parties to one action to be parties to the other.
involving the same business transaction. (consolidation for trial).
To be sure, consolidation, as taken in the above senses, is
ISSUE: allowed, as Rule 31 of the Rules of Court is entitled
W/N Consolidation of the two cases is proper. - NO "Consolidation or Severance." And Sec. 1 of Rule 31
provides: Section 1.Consolidation. – When actions
RULING: involving a common question of law or fact are pending
Consolidation is a procedural device granted to the court before the court, it may order a joint hearing or trial of
as an aid in deciding how cases in its docket are to be any or all the matters in issue in the actions; it may order
tried so that the business of the court may be dispatched all actions consolidated; and it may make such orders
expeditiously while providing justice to the parties. concerning proceedings therein as may tend to avoid
Toward this end, consolidation and a single trial of unnecessary costs or delay.
several cases in the court's docket or consolidation of The counterpart, but narrowed, rule for criminal cases is
issues within those cases are permitted by the rules. found in Sec. 22, Rule 119 of the Rules of Court stating:
The term "consolidation" is used in three (3) different Sec. 22.
senses or concepts, thus:
Consolidation of trials of related offenses. – Charges for
Where all except one of several actions are stayed until offenses founded on the same facts or forming part of a
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series of offenses of similar character may be tried jointly testimony will be required on each trial.
at the discretion of the court. Criminal prosecutions primarily revolve around proving
As complemented by Rule XII, Sec. 2 of the beyond reasonable doubt the existence of the elements
Sandiganbayan Revised Internal Rules which states: of the crime charged. As such, they mainly involve
Section 2.Consolidation of Cases. – Cases arising from questions of fact. There is a question of fact when the
the same incident or series of incidents, or involving doubt or difference arises from the truth or the falsity of
common questions of fact and law, may be consolidated the allegations of facts. Put a bit differently, it exists
in the Division to which the case bearing the lowest when the doubt or difference arises as to the truth or
docket number is raffled. falsehood of facts or when the inquiry invites calibration
The prosecution anchored its motion for consolidation of the whole gamut of evidence considering mainly the
partly on the aforequoted Sec. 22 of Rule 119 which credibility of the witnesses, the existence and relevance
indubitably speaks of a joint trial.||| Joint trial is of specific surrounding circumstances as well as their
permissible "where the [actions] arise from the same act, relation to each other and to the whole, and the
event or transaction, involve the same or like issues, and probability of the situation.
depend largely or substantially on the same evidence, A consolidation of the Neri case to that of Abalos would
provided that the court has jurisdiction over the cases to expose petitioner Neri to testimonies which have no
be consolidated and that a joint trial will not give one relation whatsoever in the case against him and the
party an undue advantage or prejudice the substantial lengthening of the legal dispute thereby delaying the
rights of any of the parties." resolution of his case. Consolidation here would force
More elaborately, joint trial is proper where the offenses petitioner to await the conclusion of testimonies against
charged are similar, related, or connected, or are of the Abalos, however irrelevant or immaterial as to him (Neri)
same or similar character or class, or involve or arose out before the case against the latter may be resolved – a
of the same or related or connected acts, occurrences, needless, hence, oppressive delay in the resolution of the
transactions, series of events, or chain of circumstances, criminal case against him.
or are based on acts or transactions constituting parts of
a common scheme or plan, or are of the same pattern Sec. 22, Rule 119 of the Rules of Court - Consolidation of
and committed in the same manner, or where there is a trials of related offenses. – Charges for offenses founded
common element of substantial importance in their on the same facts or forming part of a series of offenses
commission, or where the same, or much the same, of similar character may be tried jointly at the discretion
evidence will be competent and admissible or required in of the court.
their prosecution, and if not joined for trial the
repetition or reproduction of substantially the same
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Section 2. When separate civil action is suspended. — After Q. What is the rule on preference of criminal action?
the criminal action has been commenced, the separate civil A. When the criminal action is instituted, the separate civil
action arising therefrom cannot be instituted until final action arising from the offense or ex-delicto cannot be
judgment has been entered in the criminal action. instituted until final judgment in the criminal action is
entered. If the separate civil action was filed before the
If the criminal action is filed after the said civil action has commencement of the criminal action, the civil action, if still
already been instituted, the latter shall be suspended in pending, is suspended upon the filing of the criminal action
whatever stage it may be found before judgment on the until final judgment is rendered in the criminal action. This
merits. The suspension shall last until final judgment is rule applies only to separate civil action filed to recover civil
rendered in the criminal action. Nevertheless, before liability and not to independent civil actions based on Arts. 32,
judgment on the merits is rendered in the civil action, the 33, 34 & 2176 of the Civil Code (Casupanan vs Laroya, 388
same may, upon motion of the offended party, be SCRA 28).
consolidated with the criminal action in the court trying the
criminal action. In case of consolidation, the evidence Q: What is the effect on the pendency of a criminal action
already adduced in the civil action shall be deemed on the prescriptive period of the civil action which cannot
automatically reproduced in the criminal action without be instituted separately?
prejudice to the right of the prosecution to cross-examine A: During the pendency of the criminal action, the running of
the witnesses presented by the offended party in the the period of prescription of the civil action which cannot be
criminal case and of the parties to present additional instituted separately or whose proceeding has been suspended
evidence. The consolidated criminal and civil actions shall shall be tolled.
be tried and decided jointly.
EX: A, nagnakaw ng 500K worth na alaha. For a robbery of
During the pendency of the criminal action, the running of 500k, ang prescriptive period para ma file ang civil case ay
the period of prescription of the civil action which cannot 10y. nagnakaw sha 2020, robbery case was filed. Namatay
be instituted separately or whose proceeding has been yung Fiscal, namatay yung judge, namatay yung private
suspended shall be tolled. (n) complainant. In other words, anatgal bago nag start ang trial.
The extinction of the penal action does not carry with it in robbery case (Di kasama sa 32.33.34 and 2176) ,the civil
extinction of the civil action. However, the civil action action is impliedly instituted in the criminal action. so, nag
based on delict shall be deemed extinguished if there is a hhearing ng saba. 2020 nagnakaw at dinemanda sa A, 2035
finding in a final judgment in the criminal action that the na, tumatakbo paden kaso.
act or omission from which the civil liability may arise did
not exist. (2a) Q: Can a private complainant or prosecution waived the
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prosecution of civil action arising from robbery in 2036? the accused for damages only when it includes a declaration
A: YES, the running of the period of prescription of the civil that the fact from which the civil liability might arise did not
action which cannot be instituted separately or whose exist (Sec. 2, Rule 111 of the ROC). However, the extinction of
proceeding has been suspended shall be tolled. civil liability refers exclusively to civil liability founded on Art.
100 of the RPC (delict) whereas the civil liability for the same
Q: What is the difference of separate civil action with act considered as quasi-delict only and not as a crime (delict)
independent civil action? is not extinguished even by a declaration that the criminal act
A: Separate civil action - yung magkakambal (Crim and civil charged has not happened or has not been committed by the
action) hiniwalay yung civil, yun ang separate civil action accused (Manliclic vs Calauanan, G.R. No. 150157, January 25,
2007)
Independent civil action- NCC 32,33,34 and 2176
Q. What instances is the rule on preference of criminal Q. What is the rule of survival of civil liability despite
action inapplicable? accused’s acquittal?
A. A. The civil liability is not extinguished by acquittal where
(i) in cases of independent civil action under Arts. 32, 33, 34 & (i) the acquittal is based on reasonable doubt (Rico vs People,
2176 of the Civil Code; 392 SCRA 61);
(ii) in case the separate civil action involves a prejudicial (ii) where the court expressly declares that the liability of the
question determinative of whether the criminal action may accused is not criminal but only civil in nature like the case of
proceed or not (Secs. 6 & 7, Rule 111); Pp vs CWT;
(iii) when the civil case is subsequently consolidated with the (iii) where the civil liability is not derived from or based on the
criminal action (Sec. 2, Rule 111); criminal act of which the accused is acquitted (Sapira vs CA,
(iv) when the civil action does not seek to enforce civil liability 314 SCRA370)
arising from the offense such as a civil action for legal
separation arising from the crime of concubinage (Gandionco San Ildefonso Lines, Inc vs Javier
vs Penaranda, 155 SCRA 725);
(v) when the civil action is ex-contractu and not delicto or is FACTS:
based on quasi-delict (Lanuzo vs Sy Bon Ping, G.R. 53964, Art. 2176 - Quasi-delict-no reservations(IMPT)
Sept. 25, 1980)
Criminal case: reckless imprudence resulting in damage to property with
multiple physical injuries
Q. What is the rule on extinction of civil liability by Civil case: damages (by insurer)
accused’s acquittal?
A. The judgment of acquittal extinguishes the civil liability of
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● At around 3:30 in the afternoon of June 24, 1991, a Toyota Lite with the end in view of providing a simplified and inexpensive
Ace Van being driven by its owner Annie U. Jao and a passenger procedure for the speedy disposition of cases which should not
bus of herein petitioner San Ildefonso Lines, Inc. (hereafter, SILI) diminish, increase or modify substantive rights.
figured in a vehicular mishap at the intersection of Julia Vargas ● Far from altering substantive rights, the primary purpose of the
Avenue and Rodriguez Lanuza Avenue in Pasig, Metro Manila, reservation is, to borrow the words of the Court in "Caños v.
totally wrecking the Toyota van and injuring Ms. Jao and her Peralta"
two (2) passengers in the process. ● Clearly then, private respondent PISC, as subrogee under
● A criminal case was thereafter filed with the Regional Trial Article 2207 of the Civil Code, is not exempt from the reservation
Court of Pasig on September 18, 1991 charging the driver of the requirement with respect to its damages suit based on quasi-delict
bus, herein petitioner Eduardo Javier, with reckless arising from the same act or omission of petitioner Javier complained of
imprudence resulting in damage to property with multiple in the criminal case. As private respondent PISC merely stepped into the
physical injuries. shoes of Ms. Jao (as owner of the insured Toyota van), is bound to
● About four (4) months later, or on January 13, 1992, herein observe the procedural requirement which Ms. Jao ought to follow had
private respondent Pioneer Insurance and Surety Corporation she herself instituted the civil case.
(PISC), as insurer of the van and subrogee, filed a case for
damages against petitioner SILI with the Regional Trial Court of THE OLD 1985 ROC
Manila, seeking to recover the sums it paid the assured under a
motor vehicle insurance policy as well as other damages, totaling
P564,500.00 (P454,000.00 as actual/compensatory damages;
P50,000.00 as exemplary damages; P50,000.00 as attorney's
fees; P10,000.00 as litigation expenses; and P500.00 as
appearance fees.)
ISSUE:
W/N an independent civil action based on quasi-delict under Article 2176 Ching vs Nicdao
of the Civil Code be filed if no reservation was made in the said criminal
case? NO
FACTS:
RULING: BP22
RIGHT TO FILE A SEPARATE CIVIL ACTION MUST BE RESERVED
Nicdao was charged eleven (11) counts of violation of Batas Pambansa
● Now that the necessity of a prior reservation is the standing rule Bilang (BP) 22.
that shall govern the institution of the independent civil actions ● MTC found her of guilty of said offenses. RTC affirmed.
referred to in Rule 111 of the Rules of Court, past ● Nicdao filed an appeal to the Court of Appeals. CA reversed the
pronouncements that view the reservation requirement as an decision and acquitted accused.
"unauthorized amendment" to substantive law - i.e., the Civil ● Ching is now appealing the civil aspect of the case to the
Code, should no longer be controlling. Supreme Court.
● There must be a renewed adherence to the time-honored dictum ● Ching vigorously argues that notwithstanding respondent
that procedural rules are designed, not to defeat, but to Nicdao’s acquittal by the CA, the Supreme Court has the
safeguard the ends of substantial justice. And for this noble jurisdiction and authority to resolve and rule on her civil
reason, no less than the Constitution itself has mandated this liability.
Court to promulgate rules concerning the enforcement of rights ○ He anchors his contention on Rule 111, Sec 1(b) : The
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criminal action for violation of Batas Pambansa Blg. 22 ● The finding relative to the P20,000,000.00 check that it
shall be deemed to necessarily include the was a stolen check necessarily absolved
corresponding civil action, and no reservation to file respondent Nicdao of any civil liability thereon as
such civil action separately shall be allowed or well.
recognized. ● Under the circumstances which have just been
● Moreover, under the above-quoted provision, the criminal action discussed lengthily, such acquittal carried with it the
for violation of BP 22 necessarily includes the corresponding civil extinction of her civil liability as well.
action, which is the recovery of the amount of the
dishonored check representing the civil obligation of the An appeal is the proper remedy that a party — whether the accused or
drawer to the payee. the offended party — may avail with respect to the judgment:
● Nicdao’s defense: Sec 2 of Rule 111 — Except in the cases
provided for in Section 3 hereof, after the criminal action has ● If the accused is acquitted on reasonable doubt but the court
been commenced, the civil action which has been reserved renders judgment on the civil aspect of the criminal case, the
cannot be instituted until final judgment in the criminal action. prosecution cannot appeal from the judgment of acquittal as it
○ Accdg to her, CA’s decision is equivalent to a finding would place the accused in double jeopardy.
that the facts upon which her civil liability may arise do ● However, the aggrieved party, the offended party or the accused
not exist. or both may appeal from the judgment on the civil aspect of the case
○ The instant petition, which seeks to enforce her civil within the period therefore
liability based on the eleven (11) checks, is thus
allegedly already barred by the final and executory
decision acquitting her.
Section 3. When civil action may be proceeded independently.
ISSUE:
W/N Nicdao civilly liable? NO
— In the cases provided for in Articles 32, 33, 34 and 2176
of the Civil Code of the Philippines, the independent civil
RULING: action may be brought by the offended party. It shall
A painstaking review of the case leads to the conclusion that respondent proceed independently of the criminal action and shall
Nicdao’s acquittal likewise carried with it the extinction of the action to require only a preponderance of evidence. In no case,
enforce her civil liability.
● There is simply no basis to hold respondent Nicdao however, may the offended party recover damages twice for
civilly liable to petitioner Ching. the same act or omission charged in the criminal action.
● CA’s acquittal of respondent Nicdao is not merely
based on reasonable doubt.
(3a)
● Rather, it is based on the finding that she did not
commit the act penalized under BP 22. In particular,
the CA found that the P20,000,000.00 check was a
Article 32. Any public officer or employee, or any private
stolen check which was never issued nor delivered by
respondent Nicdao to petitioner Ching. individual, who directly or indirectly obstructs, defeats,
● CA did not adjudge her to be civilly liable to petitioner violates or in any manner impedes or impairs any of the
Ching. following rights and liberties of another person shall be liable
● In fact, the CA explicitly stated that she had already fully
paid her obligations.
to the latter for damages:
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(1) Freedom of religion; (15) The right of the accused against excessive bail;
(2) Freedom of speech; (16) The right of the accused to be heard by himself and
counsel, to be informed of the nature and cause of the
(3) Freedom to write for the press or to maintain a periodical accusation against him, to have a speedy and public trial, to
publication; meet the witnesses face to face, and to have compulsory
process to secure the attendance of witness in his behalf;
(4) Freedom from arbitrary or illegal detention;
(17) Freedom from being compelled to be a witness against
(5) Freedom of suffrage;
one's self, or from being forced to confess guilt, or from being
(6) The right against deprivation of property without due induced by a promise of immunity or reward to make such
process of law; confession, except when the person confessing becomes a
State witness;
(7) The right to a just compensation when private property is
taken for public use; (18) Freedom from excessive fines, or cruel and unusual
punishment, unless the same is imposed or inflicted in
(8) The right to the equal protection of the laws; accordance with a statute which has not been judicially
declared unconstitutional; and
(9) The right to be secure in one's person, house, papers, and
effects against unreasonable searches and seizures; (19) Freedom of access to the courts.
(10) The liberty of abode and of changing the same; In any of the cases referred to in this article, whether or not
the defendant's act or omission constitutes a criminal offense,
(11) The privacy of communication and correspondence; the aggrieved party has a right to commence an entirely
separate and distinct civil action for damages, and for other
(12) The right to become a member of associations or societies relief. Such civil action shall proceed independently of any
for purposes not contrary to law; criminal prosecution (if the latter be instituted), and may be
proved by a preponderance of evidence.
(13) The right to take part in a peaceable assembly to petition
the Government for redress of grievances; The indemnity shall include moral damages. Exemplary
damages may also be adjudicated.
(14) The right to be a free from involuntary servitude in any
form; The responsibility herein set forth is not demandable from a
judge unless his act or omission constitutes a violation of the
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Penal Code or other penal statute.
First. That the evil sought to be avoided actually exists;
Article 33. In cases of defamation, fraud, and physical injuries
a civil action for damages, entirely separate and distinct from Second. That the injury feared be greater than that done to
the criminal action, may be brought by the injured party. Such avoid it;
civil action shall proceed independently of the criminal
Third. That there be no other practical and less harmful means
prosecution, and shall require only a preponderance of
of preventing it.
evidence.
++++++++++++++++++++++++++++++++++++
Article 34. When a member of a city or municipal police force
refuses or fails to render aid or protection to any person in ARTICLE 12, RPC – EXEMPTING CIRCUMSTANCE
case of danger to life or property, such peace officer shall be
primarily liable for damages, and the city or municipality shall 1. An imbecile or an insane person, unless the latter has acted
be subsidiarily responsible therefor. The civil action herein during a lucid interval.
recognized shall be independent of any criminal proceedings,
and a preponderance of evidence shall suffice to support such When the imbecile or an insane person has committed an act
action. which the law defines as a felony (delito), the court shall order
his confinement in one of the hospitals or asylums established
for persons thus afflicted, which he shall not be permitted to
leave without first obtaining the permission of the same court.
ART. 2176. Whoever by act or omission causes damage to
another, there being fault or negligence, is obliged to pay for 2. A person under nine years of age.
the damage done. Such fault or negligence, if there is so
pre-existing contractual relation between the parties, is called 3. A person over nine years of age and under fifteen, unless he
a quasi-delict and is governed by the provisions of this has acted with discernment, in which case, such minor shall be
Chapter. proceeded against in accordance with the provisions of Art. 80
of this Code.
When such minor is adjudged to be criminally irresponsible,

the court, in conformably with the provisions of this and the
ARTICLE 11, RPC – JUSTIFYING CIRCUMSTANCE preceding paragraph, shall commit him to the care and custody
4. Any person who, in order to avoid an evil or injury, does not of his family who shall be charged with his surveillance and
act which causes damage to another, provided that the education otherwise, he shall be committed to the care of
following requisites are present; some institution or person mentioned in said Art. 80.
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Q. When the independent civil action under Arts. 32, 33, 34
4. Any person who, while performing a lawful act with due & 2176 of the Civil Code (tort) proceeded independently of
care, causes an injury by mere accident without fault or the civil action to recover civil liability arising from
intention of causing it. ex-delicto (crime), is there a violation on the rule on forum
shopping? Why?
5. Any person who act under the compulsion of irresistible A. None because the basis of the independent civil action is
force. quasi-delict while the basis of the civil action to recover civil
6. Any person who acts under the impulse of an uncontrollable liability is ex-delicto or crime.
fear of an equal or greater injury.
Section 4. Effect of death on civil actions. — The death of the
accused after arraignment and during the pendency of the
criminal action shall extinguish the civil liability arising
from the delict. However, the independent civil action
Q. Is there a need to make a reservation on independent instituted under section 3 of this Rule or which thereafter
civil action? Why? is instituted to enforce liability arising from other sources
A. There is no need. The failure to make a reservation in the of obligation may be continued against the estate or legal
criminal action is not a waiver of the right to file an representative of the accused after proper substitution or
independent civil action based on Arts. 32, 33, 34 & 2176 of against said estate, as the case may be. The heirs of the
the Civil Code. The independent civil action based on these accused may be substituted for the deceased without
articles are separate, distinct and independent of the civil requiring the appointment of an executor or administrator
action “deemed instituted” in the criminal action. Under Sec. 1, and the court may appoint a guardian ad litem for the
Rule 111, what is “deemed instituted” with the criminal action minor heirs.
is only the action to recover civil liability arising from the
crime or ex-delicto. All other civil actions under Arts. 32, 33, The court shall forthwith order said legal representative or
34 & 2176 of the Civil Code are no longer “deemed instituted” representatives to appear and be substituted within a
and may be filed separately and prosecuted independently period of thirty (30) days from notice.
even without a reservation in the criminal action (Casupanan
vs Laroya, 388 SCRA 28). The provisions of Arts. 32, 33, 34 & A final judgment entered in favor of the offended party
2176 of the Civil Code grant the offended party the shall be enforced in the manner especially provided in
substantive right to file an independent civil action which these rules for prosecuting claims against the estate of the
right cannot be diminished, increased or modified by the ROC deceased.
(Abellana vs Marave, L-27760, May 29, 1974)
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If the accused dies before arraignment, the case shall be
dismissed without prejudice to any civil action the offended Q. What is the effect of accused’s death on independent
party may file against the estate of the deceased. (n) civil action?
A. The effect of the accused’s death on the independent civil
Q. State the rules on the effect of death on accused’s civil action brought under Sec. 3 of this Rule, or which is thereafter
liability? instituted, is governed by Sec. 16, Rule 3 of the 1997 Rules of
A. (i) pending appeal of his conviction extinguishes criminal Civil Procedure.
liability as well as the civil liability based solely thereon;
Section 5. Judgment in civil action not a bar. — A final
judgment rendered in a civil action absolving the
(ii) the claim for civil liability survives notwithstanding the defendant from civil liability is not a bar to a criminal
death of the accused if the same may also be predicated on a action against the defendant for the same act or omission
source of obligation other than delict. Art. 1157 of the Civil subject of the civil action. (4a)
Code enumerates these other sources of obligation from which
the civil liability may arise as a result of the same act or Section 6. Suspension by reason of prejudicial question. — A
omission; they are law, contracts, quasi-contracts, petition for suspension of the criminal action based upon
quasi-delicts; the pendency of a prejudicial question in a civil action may
be filed in the office of the prosecutor or the court
conducting the preliminary investigation. When the
(iii) where the civil liability survives as explained in (ii) above, criminal action has been filed in court for trial, the petition
an action for recovery therefor may be pursued but only by to suspend shall be filed in the same criminal action at any
way of filing a separate civil action and subject to Sec. 1, Rule time before the prosecution rests. (6a)
111 of the ROC; this separate civil action may be enforced
either against the executor/administrator or the estate of the Section 7. Elements of prejudicial question. — The elements
accused depending on the source of obligation upon which the of a prejudicial question are: (a) the previously instituted
same is based (People vs Abungan, 341 SCRA 258); 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
(iv) the private offended party need not fear for a forfeiture of criminal action may proceed
his right to file this separate civil action by prescription, in
cases where during the prosecution of the criminal action and Q. What is a prejudicial question?
prior to its extinction, the private offended party instituted A. A prejudicial question is one which arises in a case the
together therewith the civil action. resolution of which is a logical antecedent of the issue
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involved therein. It is a question based on a fact distinct and Q. Who can file the petition or motion to suspend by reason
separate from the crime but so intimately related with it that of prejudicial question?
determines the guilt or innocence of the accused A. Any party – the accused or the prosecution can file the
(Marbella-Bonis vs Bonis, 336 SCRA 747) petition or motion to suspend. The law is silent as to who can
file the petition or motion.
Q. What are the elements of prejudicial question?
A. (i) there must be a previously instituted civil action;; Q. What is the period for filing the petition or motion to
(ii) the civil action involves an issue similar or intimately suspend?
related to the issue raised it the criminal action; A. In the office of the prosecutor – anytime before the filing of
(iii) the resolution of such issues determines whether or not the complaint or information In court – anytime before the
the criminal action may proceed prosecution rests its case
✿ Prejudicial action exists when:

[1] civil action is instituted prior to criminal action, are
both pending Dreamwork Construction, Inc. vs. Janiola
[2] and there exists an issue in the civil action which must FACTS:
first be preemptively resolved before the criminal action
will proceed. This happens when the issue raised in the ISSUE:
civil action would be determinative “jure et de jure” of the
guilt or the innocence of the accused in the criminal case. RULING:
✿ When prejudicial does not exist:

[1] If the resolution of the issue in the civil action will not Pimentel vs Pimentel
determine the criminal responsibility accused/respondent
in the criminal case, there is no necessity that the civil case
be determined first and the civil action does not involve a FACTS:
prejudicial question.
ISSUE:
[2] If the criminal action and civil action can proceed
independently RULING:
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having to conduct useless and expensive trials (Duterte vs
Sandiganbayan, 289 SCRA 721)
People vs Arambulo
In CalloClaridad vs Esteban, G.R. 191567,March 20, 2013,
FACTS: the Supreme Court held that the three purposes of
preliminary investigation are:
ISSUE: (i) to inquire concerning the commission of a crime;
RULING: (ii) to preserve the evidence and keep the witnesses within the
control of the state;
(iii) to determine the amount of bail.

RULE 112 Preliminary Investigation
Q. Is preliminary investigation a susbstantive right? Why?
Section 1. Preliminary investigation defined; when required.
A. Yes. The right to have a preliminary investigation is not a
— Preliminary investigation is an inquiry or proceeding to
mere or technical right; it is substantive right. To deny the
determine whether there is sufficient ground to engender a
accused’s claim for a preliminary investigation is to deprive
well-founded belief that a crime has been committed and
him of due process (Duterte vs Sandiganbayan, 289 SCRA 721)
the respondent is probably guilty thereof, and should be
held for trial. Q. What is the evidence required in preliminary
investigation?
Except as provided in Section 6 of this Rule, a preliminary
A. It is enough that there is evidence showing that a crime has
investigation is required to be conducted before the filing
been committed and that the accused is probably guilty
of a complaint or information for an offense where the
thereof (MBTC vs Tonda, 338 SCRA 254).
penalty prescribed by law is at least four (4) years, two (2)
months and one (1) day without regard to the fine. (1a) Q. Can there be double jeopardy in preliminary
investigation?
Q. What is the purpose of preliminary investigation?
A. None because a pronouncement of dismissal by the
A. To secure the innocent from hasty, malicious and oppressive
investigating prosecutor is not equivalent to a judicial
prosecution and to protect him from an open and public
pronouncement of acquittal (MBTC vs Tonda, 338 SCRA 254).
accusation of a crime, from the trouble, expenses and anxiety
of public trial. It is also intended to protect the state from Q. What is the effect of lack of preliminary investigation?
A. The invalidity or absence of a preliminary investigation
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does not affect the information or jurisdiction of the court
(People vs Deang, 338 SCRA 657). But if the accused before De Lima vs Reyes
entering his plea invites the attention of the court to its
absence, the court should remand the case to the prosecutor FACTS:
for preliminary investigation instead of dismissing the same
(Larranaga vs CA, 287 SCRA 581).
ISSUE:
Q. Can the right to preliminary investigation be waived?
A. Yes because it is not a fundamental right (People vs Lagao, RULING:
271 SCRA 51) The right to preliminary investigation must be
invoked before arraignment; otherwise, it is deemed waived
(People vs Buluran, 325 SCRA 476). Duterte vs Sandiganbayan
Q. Distinguish preliminary investigation from custodial FACTS:

investigation.
A. PI – an inquiry to determine whether there is sufficient
ground to engender a well-founded belief that a crime has ISSUE:
been committed and the respondent is probably guilty thereof
(Sec. 1, Rule 112) RULING:
CI – the questioning initiated by law enforcement officers after

a person has been taken into custody or otherwise deprived of Pandaranga vs Drilon
his freedom (Ladiana vs People, 393 SCRA 419)
FACTS:
Q. When is preliminary investigation not required?
A. (i) when the accused was lawfully arrested without a
warrant and he does not ask for a preliminary investigation – ISSUE:
this is called inquest case (Sec. 6, Rule 112 of the ROC)
RULING:
(ii) when the penalty prescribed for the offense charged does
not exceed 4 years and 2 months & 1 day – the cases falling
under this category are called “direct filing” cases (Sec. 8, Rule Pilapil vs Sandiganbayan
112 of the ROC)
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FACTS: (b) National and Regional State Prosecutors; and
(c) Other officers as may be authorized by law.

ISSUE:
Their authority to conduct preliminary investigations shall
RULING:
include all crimes cognizable by the proper court in their
respective territorial jurisdictions. (2a)
Villanueva vs Secretary of Justice People vs. Garfin
FACTS: FACTS:
ISSUE: ISSUE:
RULING: RULING:
Estrada vs Ombudsman Section 3. Procedure. — The preliminary investigation shall

be conducted in the following manner:
FACTS:
(a) The complaint shall state the address of the respondent
and shall be accompanied by affidavits of the complainant
ISSUE: and his witnesses, as well as other supporting documents
to establish probable cause. They shall be in such number
RULING: 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
Section 2. Officers authorized to conduct preliminary authorized to administer oath, or, in their absence or
investigations. — The following may conduct preliminary unavailability, before a notary public, each of whom must
investigations: certify that he personally examined the affiants and that he
is satisfied that they voluntarily executed and understood
(a) Provincial or City Prosecutors and their assistants; their affidavits.
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the complaint based on the evidence presented by the
(b) Within ten (10) days after the filing of the complaint, complainant.
the investigating officer shall either dismiss it if he finds no
ground to continue with the investigation, or issue a (e) The investigating officer may set a hearing if there are
subpoena to the respondent attaching to it a copy of the such facts and issues to be clarified from a party or a
complaint and its supporting affidavits and document. witness. The parties can be present at the hearing but
without the right to examine or cross-examine. They may,
The respondent shall have the right to examine the however, submit to the investigating officer questions
evidence submitted by the complainant which he may not which may be asked to the party or witness concerned.
have been furnished and to copy them at his expense. If the
evidence is voluminous, the complainant may be required The hearing shall be held within ten (10) days from
to specify those which he intends to present against the submission of the counter-affidavits and other documents
respondent, and these shall be made available for or from the expiration of the period for their submission. It
examination or copying by the respondent at his expense. shall be terminated within five (5) days.
Objects as evidence need not be furnished a party but shall (f) Within ten (10) days after the investigation, the
be made available for examination, copying or investigating officer shall determine whether or not there is
photographing at the expense of the requesting party. sufficient ground to hold the respondent for trial, (3a)
(c) Within ten (10) days from receipt of the subpoena with Q. What is the procedure of preliminary investigation?
the complaint and supporting affidavits and documents, the A. see Sec. 3, Rule 112
respondent shall submit his counter-affidavit and that of
his witnesses and other supporting documents relied upon Q. Can the judge order a reinvestigation when he already
for his defense. The counter-affidavits shall be subscribed found probable cause for the issuance of a warrant of arrest
and sworn to and certified as provided in paragraph (a) of against the accused?
this section, with copies thereof furnished by him to the A. No (Pilapil vs Sandiganbayan, 299 SCRA 343)
complainant. The respondent shall not be allowed to file a
motion to dismiss in lieu of a counter-affidavit.
(d) If the respondent cannot be subpoenaed, or if Section 4. Resolution of investigating prosecutor and its
subpoenaed, does not submit counter-affidavits within the review. — If the investigating prosecutor finds cause to hold
ten (10) day period, the investigating officer shall resolve 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,
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has personally examined the complainant and his
witnesses; that there is reasonable ground to believe that a If upon petition by a proper party under such rules as the
crime has been committed and that the accused is probably Department of Justice may prescribe or motu proprio, the
guilty thereof; that the accused was informed of the Secretary of Justice reverses or modifies the resolution of
complaint and of the evidence submitted against him; and the provincial or city prosecutor or chief state prosecutor,
that he was given an opportunity to submit controverting he shall direct the prosecutor concerned either to file the
evidence. Otherwise, he shall recommend the dismissal of corresponding information without conducting another
the complaint. preliminary investigation, or to dismiss or move for
dismissal of the complaint or information with notice to the
Within five (5) days from his resolution, he shall forward parties. The same rule shall apply in preliminary
the record of the case to the provincial or city prosecutor or investigations conducted by the officers of the Office of the
chief state prosecutor, or to the Ombudsman or his deputy Ombudsman. (4a)
in cases of offenses cognizable by the Sandiganbayan in
the exercise of its original jurisdiction. They shall act on Q. Define probable cause.
the resolution within ten (10) days from their receipt A. Probable cause has been defined as such facts as are
thereof and shall immediately inform the parties of such sufficient to engender a well founded belief that a crime has
action. been committed and that the respondent is probably guilty
thereof and should be held for trial (Monfort III vs Salvatierra,
No complaint or information may be filed or dismissed by G.R. 168301, March 5, 2007)
an investigating prosecutor without the prior written
authority or approval of the provincial or city prosecutor or Q. Is there a need to certify under oath the information?
the Ombudsman or his deputy. How?
A. Yes by stating that he has personally examined the
Where the investigating prosecutor recommends the complainant and his witnesses; that there is reasonable
dismissal of the complaint but his recommendation is ground to believe that a crime has been committed and that
disapproved by the provincial or city prosecutor or chief the accused is probably guilty thereof; that the accused was
state prosecutor or the Ombudsman or his deputy on the informed of the complaint and the evidence submitted against
ground that a probable cause exists, the latter may, by him; and that he was given opportunity to submit
himself, file the information against the respondent, or controverting evidence (Sec. 4, Rule 112; Sec. 5, Part I, DOJ
direct another assistant prosecutor or state prosecutor to Rules on Procedure in the Investigation, Prosecution and Trial
do so without conducting another preliminary of Criminal Cases)
investigation.
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A. Suspend the proceedings for 60 days from filing.
Q. Does absence or want of a certification in the
information as to the holding of a preliminary investigation Q. What is your remedy if you are not amenable to the
vitiate the validity of the information? decision of the SOJ?
A. No because such certification is not an essential part of the A. File a petition for certiorari under Rule 65 before the Court
information itself (People vs Marquez, L-23654, March 28, of Appeals and not a petition before the Office of the
1969) President.
Q. What is your remedy in case of an adverse resolution by NOTE: When confronted with a motion to withdraw
the investigating prosecutor was approved by the city or information on the ground of lack of probable cause based on
provincial prosecutor? a resolution of the SOJ, the bounden duty of the trial court is
A. Motion for reconsideration filed before the office of the city to make an independent assessment of the merits of such
or provincial prosecutor or appeal/petition before the DOJ. motion. The trial court would be acting with grave abuse of
discretion if it grants the prosecution’s motion to dismiss the
Q. What is the period for motion for reconsideration before criminal charges against the accused on the basis solely of the
the office of the city or provincial prosecutor and appeal to recommendation of the SOJ and without making an
the DOJ? independent assessment or evaluation of the merits of the
A. 15 days case (Perez vs Hagonoy, 327 SCRA 588).
Q. Can the SOJ still reverse the decision of the office of the Section 5. When warrant of arrest may issue. —
city or provincial prosecutor even after the information has (a) By the Regional Trial Court. — Within ten (10) days from
been filed in court? the filing of the complaint or information, the judge shall
A. Yes (Solar Team Entertainment Inc vs How, 338 SCRA 511) personally evaluate the resolution of the prosecutor and its
supporting evidence. He may immediately dismiss the case
NOTE: Under the present set-up, regional state prosecutors are if the evidence on record clearly fails to establish probable
authorized to resolve petitions for review of resolutions of city cause. If he finds probable cause, he shall issue a warrant
or provincial prosecutors in cases cognizable by MTCC, MTC, of arrest, or a commitment order when the complaint or
MCTC, meaning - except in NCR (see DOJ Circular No. 70-A, information was filed pursuant to section 6 of this Rule. In
June 10, 2000). case of doubt on the existence of probable cause, the judge
may order the prosecutor to present additional evidence
Q. If an information has been filed in court and there is still within five (5) days from notice and the issue must be
a pending petition for review before the DOJ, what must resolved by the court within thirty (30) days from the filing
the court do? of the complaint or information.
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the judge (Concenred Citiizen of Maddela vs dela Torre-Yadao,
(b) By the Municipal Trial Court. — When required pursuant 393 SCRA 217). He may
to the second paragraph of section 1 of this Rule, the
preliminary investigation of cases falling under the original (i) immediately dismiss the case if the evidence on record
jurisdiction of the Metropolitan Trial Court, Municipal Trial clearly fails to establish probable cause; or
Court in Cities, Municipal Trial Court or Municipal Circuit
Trial Court SHALL be conducted by the prosecutor. The (ii) he may issue a warrant upon satisfying himself that based
procedure for the issuance of a warrant of arrest by the on the evidence submitted, there is sufficient proof that a
judge shall be governed by paragraph (a) of this section. crime has been committed and that the person to be arrested
is probably guilty thereof (Ho vs People, 280 SCRA 377); and
(c) When warrant of arrest not necessary. — A warrant of
arrest shall not issue if the accused is already under (iii) he may order the prosecutor to present additional
detention pursuant to a warrant issued by the municipal evidence within 5 days from notice.
trial court in accordance with paragraph (b) of this section,
Q. What do you mean by probable cause for the issuance of
or if the complaint or information was filed pursuant to
section 6 of this Rule or is for an offense penalized by fine a warrant of arrest?
only. The court shall then proceed in the exercise of its A. It is the existence of such facts and circumstances that
original jurisdiction. (6a) would lead a reasonably discreet and prudent person to
believe that an offense has been committed by the person
Q. What is a warrant of arrest? sought to be arrested (Ho vs People, 280 SCRA 377).
A. It is a written order of the court which is made on behalf of
Q. What documents should be evaluated by the judge to
the state and is based upon a complaint issued pursuant to
statute and/or court rule which commands law enforcement determine probable cause for the issuance of a warrant of
officer to arrest a person and bring him before a magistrate arrest?
(Black’s Law Dictionary). A. The affidavits and other supporting documents including
the resolution of the prosecutor.
Q. What is the procedure for the issuance of a warrant of
Q. What is the quantum of evidence in the issuance of a
arrest?
A. see Sec. 5, Rule 112 of the ROC warrant of arrest?
A. Probable cause that the person committed the crime.
Q. Is the judge automatically required to issue a warrant
Q. Can the judge issue a warrant of arrest based solely on
within 10 days upon filing of the complaint or information?
A. No. The issuance of the warrant of arrest is discretionary to the prosecutor’s certification?
A. No. He must personally examine the records and evidence
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REMEDIAL LAW
and determine probable cause in the issuance of a warrant of
arrest. This is based on Sec. 2, Art. II of the 1987 Constitution. (v) when the evidence on record clearly shows lack of probable
cause (Sec. 5[a], Rule 112) –warrant should not be issued
Q. What are the 2 kinds of determination of probable
(vi) when the offense is penalized by fine only (Sec. 5[c], Rule
cause?
A. Executive – the executive determination of probable cause 112)
is one made during the preliminary investigation; it is a NOTE: Under (i) and (ii), the court shall issue a commitment
function that pertains to the prosecutor Judicial – the judicial order in lieu of a warrant.
determination of probable cause is one made by the judge to
ascertain whether a warrant of arrest should be issued against Section 6. When accused lawfully arrested without warrant.
the accused — When a person is lawfully arrested without a warrant
involving an offense which requires a preliminary
Q. State whether a warrant of arrest may issue under the investigation, the complaint or information may be filed by
following circumstances. a prosecutor without need of such investigation provided
A. (i) if a complaint is filed due to the absence of an inquest an inquest has been conducted in accordance with existing
prosecutor (Sec. 6, Rule 112) – warrant should not be issued rules. In the absence or unavailability of an inquest
prosecutor, the complaint may be filed by the offended
(ii) if a complaint or information has been filed after inquest party or by a peace officer directly with the proper court on
proceedings conducted by the inquest prosecutor (Sec. 7, Rule the basis of the affidavit of the offended party or arresting
112) – warrant should not be issued officer or person.
(iii) in criminal cases falling under the Revised Rules on Before the complaint or information is filed, the person
Summary Procedure except when the accused failed to appear arrested may ask for a preliminary investigation in
whenever required (Sec. 9[b], Rule 112) – warrant should not accordance with this Rule, but he must sign a waiver of the
be issued provisions of Article 125 of the Revised Penal Code, as
(iv) in cases not requiring preliminary investigation nor falling amended, in the presence of his counsel. Notwithstanding
under the Revised Rules on Summary Procedure and the judge the waiver, he may apply for bail and the investigation
is satisfied that there is no necessity for placing the accused must be terminated within fifteen (15) days from its
under custody (Sec. 9[b], Rule 112) – warrant should not be inception.
issued 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
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REMEDIAL LAW
for a preliminary investigation with the same right to together with the complaint and other documents.
adduce evidence in his defense as provided in this Rule.
(7a; sec. 2, R.A. No. 7438 ) Q. Can you file a complaint directly before the court
without any investigation, preliminary or inquest, when a
Q. What do you mean by inquest? person is lawfully arrested without a warrant for an offense
A. It is a proceeding in which a person lawfully arrested requiring preliminary investigation? A. Yes, when there is no
without a warrant is given an option to avail of his right to inquest prosecutor or is unavailable.
preliminary investigation under conditions prescribed by the
rules. It applies to cases where the accused was arrested Q. Why? A. In order to spare the offended party or arresting
without a warrant under Sec. 5, Rule 113 of the ROC. officer or person from any criminal liability arising from the
provisions of Art. 125 of the RPC.
Q. What is the duty of the inquest prosecutor if a person Q. If a person is lawfully arrested without a warrant, can he
has been arrested under Sec 5, Rule 113? ask for a preliminary investigation?
A. The initial duty of the inquest prosecutor is to determine if A. Yes. Before the complaint or information is filed, the person
the arrest of the detained person was made “in accordance arrested without a warrant may ask for a preliminary
with the provisions of pars. a and b of Sec. 5, Rule 113”. If not, investigation in accordance with Rule 112 provided he signs a
the inquest prosecutor has the following duties: waiver of the provisions of Art. 125 of the RPC, in the presence
of his counsel (Sec. 2[e], RA 7438). Notwithstanding the waiver,
(i) recommend the release of the person arrested or detained; he may apply for bail and the investigation must be
(ii) note down the disposition on the referral document; (iii) terminated within 15 days from its inception (Sec. 6, Rule
prepare a brief memorandum indicating the reasons for the 112). Pursuant to such waiver, such person must remain under
action taken; and (iv) forward the same, together with the the custody of the law pending resolution of the preliminary
records of the case, to the city or provincial prosecutor for investigation unless he is ordered released on bail.
appropriate action (DOJ Circular No. 61 dated September
1993) Section 7. Records. —
(a) Records supporting the information or complaint. — An
NOTE: If the recommendation for the release of the person information or complaint filed in court shall be supported
arrested or detained is approved by the city or provincial by the affidavits and counter-affidavits of the parties and
prosecutor but the evidence shows the need to conduct a their witnesses, together with the other supporting
preliminary investigation, the order of release shall be served evidence and the resolution on the case.
to the officer having custody of the person arrested or
detained together with the notice of preliminary investigation
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REMEDIAL LAW
however, require the submission of additional evidence,
(b) Record of preliminary investigation. — The record of the within ten (10) days from notice, to determine further the
preliminary investigation conducted by a prosecutor OR existence of probable cause. If the judge still finds no
OTHER OFFICERS AS MAY BE AUTHORIZED BY LAW shall probable cause despite the additional evidence, he shall,
not form part of the record of the case. However, the court, within ten (10) days from its submission or expiration of
on its own initiative or on motion of any party, may order said period, dismiss the case. When he finds probable
the production of the record or any of its part when cause, he shall issue a warrant of arrest, or a commitment
necessary in the resolution of the case or any incident order if the accused had already been arrested, and hold
therein, or when it is to be introduced as an evidence in the him for trial. However, if the judge is satisfied that there is
case by the requesting party. (8a) no necessity for placing the accused under custody, he may
issue summons instead of a warrant of arrest. (9a)
Section 8. Cases not requiring a preliminary investigation nor
covered by the Rule on Summary Procedure. — (A.M. No. 05-8-26-SC, [August 30, 2005])
(a) If filed with the prosecutor. — If the complaint is filed
directly with the prosecutor involving an offense
Article 125. Delay in the delivery of the detained person to the
punishable by an imprisonment of less than four (4) years,
proper judicial authorities. - The penalties provided in the next
two (2) months and one (1) day, the procedure outlined in
preceding article shall be imposed upon the public officer or
section 3(a) of this Rule shall be observed. The prosecutor employee who shall detain any person for some legal ground
shall act on the complaint based on the affidavits and other and shall fail to deliver such person to the proper judicial
supporting documents submitted by the complainant authorities within the period of; twelve (12) hours, for crimes
within ten (10) days from its filing. or offenses punishable by light penalties, or their equivalent;
eighteen (18) hours, for crimes or offenses punishable by
(b) If filed with the Municipal Trial Court. — If the complaint correctional penalties, or their equivalent and thirty-six (36)
or information is filed with the Municipal Trial Court or hours, for crimes, or offenses punishable by afflictive or capital
Municipal Circuit Trial Court for an offense covered by this penalties, or their equivalent. In every case, the person
section, the procedure in section 3(a) of this rule shall be detained shall be informed of the cause of his detention and
observed. If within ten (10) days after the filing of the shall be allowed upon his request, to communicate and confer
complaint of information, the judge finds no probable at any time with his attorney or counsel.
cause after personally evaluating the evidence, or after (As amended by E.O. Nos. 59 and 272, Nov. 7, 1986 and July
personally examining in writing and under oath the 25, 1987, respectively).
complainant and his witnesses in the form of searching
questions and answers, he shall dismiss the same. He may,
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REMEDIAL LAW
Inquest Procedures (DOJ Circular No. 61, 1993)
Evidence Needed for an Inquest Proceedings d. other supporting evidence gathered by the police in the
course of the latter’s investigation of the criminal incident
SEC 1.Concept Inquest is an informal and summary involving the arrested or detained person. Theinquest Officer
investigation con-ducted by a public prosecutor in criminal shall, as far as practicable, cause the affidavit of arrest
cases involving persons arrested and detained without the andstatements/affidavits of the complainant and the witnesses
benefit of a warrant of arrest issued by the court for the to be subscribed and sworn tobefore him by the arresting
purpose of deter-mining whether or not said persons should officer and the affiants. The inquest proceedings must
remain under custody and correspondingly be charged in beterminated within the period prescribed under the
court. provisions of Article 125 of theRevised Penal Code, as
amended.
SEC. 2.Designationof Inquest Officers The City or Provincial
Prosecutor shall designate the Prosecutors assigned to inquest SEC. 4.Particular Documents Required in Specific Cases The
duties and shall furnish the Philippine National Police (PNP) a submission, presentation of the documents listed herein below
list of their names and their schedule of assignments. If, should as far as practicable, be required in the following cases
however, there is only one Prosecutor in the area, all inquest by the Inquest Officer.
cases shall be referred to him for appropriate action. Unless
otherwise directed by the City or Provincial Prosecutor, those Violation of the Anti-Fencing Law (PD 1612)
assigned to inquest duties shall discharge their functions a. a list/inventory of the articles and items subject of the
during the hours of their designated assignments and only at offense; and
the police stations/headquarters of the PNP in order to
expedite and facilitate the disposition of inquest cases. b. statement of their respective value Illegal Possession of
Explosives (PD 1866)
SEC. 3.Commencement and Termination of Inquest The inquest
proceedings shall be considered commenced upon receipt by a. chemistry report duly signed by the forensic chemist and
the Inquest Officer from the law enforcement authorities of the
complaint/referral documents which should include: b. photograph of the explosives, if readily available.
a. the affidavit of arrest; Violation of the Fisheries Law (PD 704)(now RA 8550)
a. photograph of the confiscated fish, if readily available; and
b. the investigation report;
b. certification of the Bureau of Fisheries and Aquatic
c. the statement of the complainant and witnesses; and Resources;
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REMEDIAL LAW
b. if he is detained in a place under maximum security;
Violation of the Forestry Law (PD 705)
a. scale sheets containing the volume and species of the forest c. if production of the detained person involve security risks;
products confiscated, number of pieces and other important or
details such as estimated value of the products confiscated;
d. if the presence of the detained person is not feasible by
b. certification of Department of Environment and Natural reason of age, health, sex and other similar factors. The
Resources/Bureau of ForestManagement; and absence of the detained person by reason of any of the
foregoing factors must be noted by the Inquest Officer and
c. seizure receipt. The submission of the foregoing documents reflected in the record of the case.
shall no absolutely be required if there are other forms of
evidence submitted which will sufficiently establish the facts SEC. 7.Charges and counter-charges All charges and
sought to be proved by the foregoing documents. counter-charges arising from the same incident shall, as far as
practicable, be consolidated and inquested jointly to avoid
SEC. 5.Incomplete documents When the documents presented contradictory or inconsistent dispositions.
are not complete to establish probable cause, the Inquest
Officer shall direct the law enforcement agency to submit the SEC. 8.Initial duty of the inquest officer The Inquest Officer
required evidence within the period prescribed under the must first deter-mine if the arrest of the detained person was
provisions of Article 125 of the Revised Penal Code, as made in accordance with the provisions of paragraphs (a) and
amended; otherwise, the Inquest Officer shall order the (b) of Section 5, Rule 113 of the 1985 Rules on Criminal
release of the detained person and, where the inquest is Procedure, as amended, which provide that arrests without a
conducted outside of office hours, direct the law enforcement warrant may be effected: a. when, in the presence of the
agency concerned to file the case with the City or Provincial arresting officer, the person to be arrested has committed, is
Prosecutor for appropriate action. actually committing, or is attempting to commit an offense; or
b. when an offense has in fact just been committed, and the
SEC. 6.Presence of the detained person. The presence of the arresting officer has personal knowledge of facts indicating
detained person who is under custody shall be ensured during that the person to be arrested has committed it. For this
the proceedings. However, the production of the detained purpose, the Inquest Officer may summarily examine the
person before the Inquest Officer may be dispensed with in the arresting officers on the circumstances surrounding the arrest
following cases: or apprehension of the detained per-son
a. if he is confined in a hospital; SEC. 9.Where arrest not properly effected Should the Inquest
Officer find that the arrest was not made in accordance with
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REMEDIAL LAW
the Rules, he shall:
a. recommend the release of the person arrested or detained; SEC. 11.Inquest proper Where the detained person does not
opt for a preliminary investigation or otherwise refuses to
b. note down the disposition of the referral document; execute the required waiver, the Inquest Officer shall proceed
with the inquest by examining the sworn statements/affidavits
c. prepare a brief memorandum indicating the reasons for the of the complainant and the witnesses and other supporting
action taken; and evidence submitted to him. If necessary, the Inquest Officer
may require the presence of the complainant and witnesses
d. forward the same, together with the record of the case, to and subject them to an informal and summary investigation or
the City or Provincial Prosecutor for appropriate action. Where examination for purposes of determining the existence of
the recommendation for the release of the detained person is probable cause
approved by the City or Provincial Prosecutor but the evidence
on hand warrant the conduct of a regular preliminary SEC. 12.Meaning of probable cause Probable cause exists
investigation, the order of release shall be served on the when the evidence submitted to the Inquest Officer engenders
officer having custody of said detainee and shall direct the said a wellfounded belief that a crime has been committed and that
officer to serve upon the detainee the subpoena or notice of the arrested or detained person is probably guilty thereof.
preliminary investigation, together with the copies of the SEC. 13.Presence of probable cause If the Inquest Officer finds
charge sheet or complaint, affidavits or sworn statements of that probable cause exists, he shall forthwith prepare the
the complainant and his witnesses and other supporting corresponding complaint/information with the
evidence. recommendation that the same be filed in court. The
complaint/information shall indicate the offense committed
SEC. 10.Where the arrest property effected Should the Inquest and the amount of bail recommended, if bailable. Thereafter,
Officer find that the arrest was properly effected, the detained the record of the case, together with the prepared
person should be asked if he desires to avail himself of a complaint/information, shall be forwarded to the City or
preliminary investigation, if he does, he shall be made to Provincial Prosecutor for appropriate action. The
execute a waiver of the provisions of Article 125 of the complaint/information may be filed by the Inquest Officer
Revised Penal Code, as amended, with the assistance of a himself or by any other Assistant Prosecutor to whom the case
lawyer and, in case of non-availability of a lawyer, a may be assigned by the City or Provincial Prosecutor.
responsible person of his choice. The preliminary investigation
may be conducted by the Inquest Officer himself or by any SEC. 14.Contents of information The information shall, among
other Assistant Prosecutor to whom the case may be assigned others, contain:
by the City or Provincial Prosecutor, which investigation shall
be terminated within fifteen(15) days from its inception. a. a certification by the filing Prosecutor that he is filing the
75
REMEDIAL LAW
same in accordance with the provisions of Section 7, Rule 112 Provincial Prosecutor for appropriate action. If the
of the 1985 Rules on Criminal Procedure, as amended, in cases recommendation of the Inquest Officer for the release of the
cognizable by the Regional Trial Court; arrested or detained person is approved, the order of release
shall be served on the officer having custody of the said
b. the full name and alias, if any, and address of the accused; detainee. Should the City or Provincial Prosecutor disapprove
the recommendation of release, the arrested or detained
c. the place where the accused is actually detained; person shall remain under custody, and the correspond-ing
complaint/information shall be filed by the City or Provincial
d. the full names and addresses of the complainant and Prosecutor or by any Assistant Prosecutor to whom the case
witnesses; may be assigned.
e. a detailed description of the recovered item, if any; SEC. 16.Presence at the crime scene Whenever a dead body is
found and there is reason to believe that the death resulted
f. the full name and address of the evidence custodian; from foul play, or from the unlawful acts or omissions of other
persons and such fact has been brought to his attention, the
g. the age and date of birth of the complainant or the accused, Inquest Officer shall:
if eighteen (19)years of age or below; and
a. forthwith proceed to the crime scene or place of discovery of
h. the full names and addresses of the parents, custodians or the dead person;
guardians of the minor complainant or accused, as the case
may be. b. cause an immediate autopsy to be conducted by the
appropriate medico-legal officer in the locality or the PNP
SEC. 15.Absence of probable cause If the Inquest Officer finds medico-legal division or the NBI medico-legal office, as the
no probable cause, he shall: casemay be;
a. recommend the release of the arrested or detained person; c. direct the police investigator to cause the taking of
photographs of the crime scene or place of discovery of the
b. note down his disposition on the referral document; dead body;
c. prepare a brief memorandum indicating the reasons for the d. supervise the investigation to be conducted by the police
action taken; and authorities as well as the recovery of all articles and pieces of
evidence found thereat and see to it that the same are
d. forthwith forward the record of the case to the City or safeguarded and the chain of the custody thereof properly
76
REMEDIAL LAW
recorded; and fifteen (15) days from receipt of the resolution, or of the denial
of the motion for reconsideration/reinvestigation if one has
e. submit a written report of his finding to the City or been filed within fifteen (15) days from receipt of the assailed
Provincial Prosecutor for appropriate action. resolution. Only one motion for reconsideration shall be
allowed.
SEC. 17.Sandiganbayan cases Should any complaint cognizable
by the Sandiganbayan be referred to an Inquest Officer for SECTION 4. How appeal taken. An aggrieved party may appeal
investigation, the latter shall, after conducting the by filing a verified petition for review with the Office of the
corresponding inquest proceeding, forthwith forward the Secretary, Department of Justice, and by furnishing copies
complete record to the City or Provincial Prosecutor for thereof to the adverse party and the Prosecution Office issuing
appropriate action. the appealed resolution.
SECTION 5. Contents of petition. - The petition shall contain or

state:
July 3, 2000
DEPARTMENT CIRCULAR NO. 70 SUBJECT : 2000 NPS RULE ON (a) the names and addresses of the parties;
APPEAL
(b) the Investigation Slip number (I.S. No.) and criminal case
In the interest of expeditious and efficient administration of number, if any, and title of the case, including the offense
justice and in line with recent jurisprudence, the following charged in the complaint;
Rule governing appeals from resolutions of prosecutors in the
National Prosecution Service, to be known as the 2000 NPS (c) the venue of the preliminary investigation;
Rule on Appeal, is hereby adopted.
(d) the specific material dates showing that it was filed on
SECTION 1. Scope. - This Rule shall apply to appeals from time;
resolutions of the Chief State Prosecutor, Regional State
Prosecutors and Provincial/City Prosecutors in cases subject of (e) a clear and concise statement of the facts, the assignment
preliminary investigation/ reinvestigation. of errors, and the reasons or arguments relied upon for the
allowance of the appeal; and
SECTION 2. Where to appeal. An appeal may be brought to the
Secretary of Justice within the period and in the manner herein (f) proof of service of a copy of the petition to the adverse
provided. party and the Prosecution Office concerned. The petition shall
be accompanied by legible duplicate original or certified true
SECTION 3. Period to appeal. The appeal shall be taken within
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REMEDIAL LAW
copy of the resolution appealed from together with legible concerned. Except when directed by the Secretary of Justice,
true copies of the complaint, affidavits/sworn statements and the investigating/reviewing/approving prosecutor need not
other evidence submitted by the parties during the preliminary submit any comment. If no comment is filed within the
investigation/ reinvestigation. If an information has been filed prescribed period, the appeal shall be resolved on the basis of
in court pursuant to the appealed resolution, a copy of the the petition.
motion to defer proceedings filed in court must also
accompany the petition. The SECTION 9. Effect of the appeal. Unless the Secretary of Justice
investigating/reviewing/approving prosecutor shall not be directs otherwise, the appeal shall not hold the filing of the
impleaded as party respondent in the petition. The party corresponding information in court on the basis of the finding
taking the appeal shall be referred to in the petition as either of probable cause in the appealed resolution. The appellant
"Complainant-Appellant" or "Respondent- Appellant". and the trial prosecutor shall see to it that, pending resolution
of the appeal, the proceedings in court are held in abeyance.
SECTION 6. Effect of failure to comply with requirements. The
failure of the petitioner to comply with any of the foregoing SECTION 10. Withdrawal of appeal. Notwithstanding the
requirements shall constitute sufficient ground for the perfection of the appeal, the petitioner may withdraw the
dismissal of the petition. same at any time before it is finally resolved, in which case the
appealed resolution shall stand as though no appeal has been
SECTION 7. Action on the petition. The Secretary of Justice may taken.
dismiss the petition outright if he finds the same to be
patently without merit or manifestly intended for delay, or SECTION 11. Reinvestigation. If the Secretary of Justice finds it
when the issues raised therein are too unsubstantial to require necessary to reinvestigate the case, the reinvestigation shall
consideration. If an information has been filed in court be held by the investigating prosecutor, unless, for compelling
pursuant to the appealed resolution, the petition shall not be reasons, another prosecutor is designated to conduct the
given due course if the accused had already been arraigned. same.
Any arraignment made after the filing of the petition shall not
bar the Secretary of Justice from exercising his power of SECTION 12. Disposition of the appeal. The Secretary may
review. reverse, affirm or modify the appealed resolution. He may,
motu proprio or upon motion, dismiss the petition for review
SECTION 8. Comment. Within a non-extendible period of on any of the following grounds:
fifteen (15) days from receipt of a copy of the petition, the • That the petition was filed beyond the period prescribed in
adverse party may file a verified comment, indicating therein Section 3 hereof;
the date of such receipt and submitting proof of service of his
comment to the petitioner and the Prosecution Office • That the procedure or any of the requirements herein
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provided has not been complied with;
Leviste vs Almeda
• That there is no showing of any reversible error;
• That the appealed resolution is interlocutory in nature, FACTS:

except when it suspends the proceedings based on the alleged
existence of a prejudicial question;
ISSUE:
• That the accused had already been arraigned when the
RULING:
appeal was taken;
• That the offense has already prescribed; and

RULE 113 Arrest
• That other legal or factual grounds exist to warrant a
dismissal. 1987 Constitution (Bill of Rights)
SECTION 13. Motion for reconsideration. The aggrieved party ARTICLE III.
may file a motion for reconsideration within a non-extendible
period of ten (10) days from receipt of the resolution on SECTION 12. Any person under investigation for the
appeal, furnishing the adverse party and the Prosecution commission of an offense shall have the right to be informed
Office concerned with copies thereof and submitting proof of of his right to remain silent and to have competent and
such service. No second or further motion for reconsideration independent counsel preferably of his own choice. If the
shall be entertained. person cannot afford the services of counsel, he must be
provided with one. These rights cannot be waived except in
SECTION 14. Repealing clause. This Circular supersedes writing and in the presence of counsel.
Department Order No. 223 dated June 30, 1993 and all other
Department issuances inconsistent herewith. SECTION 15. No torture, force, violence, threat, intimidation, or any other
Effectivity. This Circular shall be published once in two (2) means which vitiate the free will shall be used against him.
newspapers of general circulation, after which it shall take Secret detention places, solitary, incommunicado, or other
effect on September 1, 2000. similar forms of detention are prohibited.
ARTEMIO G. TUQUERO Any confession or admission obtained in violation of this or

Secretary of Justice Section 17 hereof shall be inadmissible in evidence against
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him. RULE 13. Arrest 13.1
The law shall provide for penal and civil sanctions for General Guidelines
violations of this Section as well as compensation to the
rehabilitation of victims of torture or similar practices, and a. All arrests should be made only on the basis of a valid
their families. Warrant of Arrest issued by a competent authority, except in
instances where the law allows warrantless arrest.
SECTION 13. All persons, except those charged with offenses
punishable by reclusion perpetua when evidence of guilt is b. No violence or unnecessary force shall be used in making an
strong, shall, before conviction, be bailable by sufficient arrest, and the person to be arrested shall not be subjected to
sureties, or be released on recognizance as may be provided by any greater restraint than what is necessary under the
law. The right to bail shall not be impaired even when the circumstances.
privilege of the writ of habeas corpus is suspended. Excessive
bail shall not be required. c. As a general rule, arrests can be made on any day of the
week and at any time of the day or night.
SECTION 14. No person shall be held to answer for a criminal
offense without due process of law. d. Only judges are authorized to issue Warrants of Arrest.
In all criminal prosecutions, the accused shall be presumed e. A Warrant of Arrest is no longer needed if the accused is
innocent until the contrary is proved, and shall enjoy the right already under detention. An Order of Commitment is issued by
to be heard by himself and counsel, to be informed of the the judge in lieu of the Warrant of Arrest.
nature and cause of the accusation against him, to have a
speedy, impartial, and public trial, to meet the witnesses face f. The following are immune from arrest:
to face, and to have compulsory process to secure the (1) A Senator or Member of the House of the Representatives
attendance of witnesses and the production of evidence in his while Congress is in session for an offense punishable by not
behalf. However, after arraignment, trial may proceed more than six years of imprisonment; and
notwithstanding the absence of the accused: Provided, that he
has been duly notified and his failure to appear is (2) Diplomatic Agents, Under the Vienna Convention on
unjustifiable. Diplomatic Relations.
Revised Philippine National Police Operational Procedure
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Section 1. Definition of arrest. — Arrest is the taking of a Q. Can the illegality of the arrest be waived?
person into custody in order that he may be bound to A. Yes when the accused enters his plea without moving to
answer for the commission of an offense. (1) quash the information based on the illegality of his arrest
(People vs Baccay, 388 SCRA 641). In effect, the unlawful
Section 2. Arrest; how made. — An arrest is made by an warrantless arrest was validated (Sanchez vs Demetriou, 227
actual restraint of a person to be arrested, or by his SCRA 627).
submission to the custody of the person making the arrest.
Q. Can illegality of arrest invalidate the judgment?
No violence or unnecessary force shall be used in making A. No because the illegality of the arrest could not deprive the
an arrest. The person arrested shall not be subject to a State of its right to convict the guilty (People vs Penaflorida,
greater restraint than is necessary for his detention. (2a) 313 SCRA 563)
Q. What are the remedies against illegal arrest? Luz vs People
A. The remedies are:
(1) he may file a verified petition for habeas corpus if no FACTS:
complaint or information is filed against him (Secs. 1,2 & 3,
Rule 102);
ISSUE:
(2) he may apply for bail with any court in the province, city or
municipality where is held (Sec. 17, Rule 114); RULING:
(3) he may, if he is under inquest investigation, ask for a

regular preliminary investigation and raise the issue of illegal
Miranda vs Arizona
arrest (Sec. 6, Rule);
(4) he may ask for a preliminary investigation within 5 days FACTS:

from the time he learns of its filing and raise the issue of
illegal arrest (Sec. 6, Rule 112);
ISSUE:
(5) he may, before entering his plea, move to quash the
RULING:
complaint or information on the ground that the court has no
jurisdiction over his person (Sec. 3[c], Rule 117 of the ROC)
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Massiah vs United States (b) When an offense has just been committed, and he has
probable cause to believe based on personal knowledge of
FACTS: facts or circumstances that the person to be arrested has
committed it; and
ISSUE: (c) When the person to be arrested is a prisoner who has

escaped from a penal establishment or place where he is
RULING: serving final judgment or is temporarily confined while his
case is pending, or has escaped while being transferred
from one confinement to another.
Section 3. Duty of arresting officer. — It shall be the duty of
the officer executing the warrant to arrest the accused and In cases falling under paragraph (a) and (b) above, the
to deliver him to the nearest police station or jail without person arrested without a warrant shall be forthwith
unnecessary delay. (3a) delivered to the nearest police station or jail and shall be
proceeded against in accordance with section 7 of Rule
Section 4. Execution of warrant. — The head of the office to 112. (5a)
whom the warrant of arrest was delivered for execution
shall cause the warrant to be executed within ten (10) days Immunity from Arrest
from its receipt. Within ten (10) days after the expiration of
1987 Constitution
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 ARTICLE VI. The Legislative Department
shall state the reasons therefor. (4a)
Section 11. A Senator or Member of the House of
Section 5. Arrest without warrant; when lawful. — A peace Representatives shall, in all offenses punishable by not more
officer or a private person may, without a warrant, arrest a than six years imprisonment, be privileged from arrest while
person: the Congress is in session. No Member shall be questioned nor
be held liable in any other place for any speech or debate in
(a) When, in his presence, the person to be arrested has the Congress or in any committee thereof.
committed, is actually committing, or is attempting to
commit an offense;
Revised Penal Code
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Article 145. Violation of Parliamentary Immunity.- (d) The “members of the diplomatic staff” are the members of
The penalty of prision mayor shall be imposed upon any the staff of the mission having diplomatic rank;
person who shall use force, intimidation, threats, or fraud to (e) A “diplomatic agent” is the head of the mission or a
prevent any member of the National Assembly (Congress of member of the diplomatic staff of the mission;
the Philippines) from attending the meetings of the Assembly
(Congress) or of any of its committees or subcommittees, (f) The “members of the administrative and technical staff” are
constitutional commissions or committees or divisions thereof, the members of the staff of the mission employed in the
from expressing his opinions or casting his vote; and the administrative and technical service of the mission;
penalty of prision correccional shall be imposed upon any
public officer or employee who shall, while the Assembly (g) The “members of the service staff” are the members of the
(Congress) is in regular or special session, arrest or search any staff of the mission in the domestic service of the mission;
member thereof, except in case such member has committed a
crime punishable under this Code by a penalty higher than (h) A “private servant” is a person who is in the domestic
prision mayor. service of a member of the mission and who is not an
employee of the sending State;
Vienna Convention on Diplomatic Relations (1961) (i) The “premises of the mission” are the buildings or parts of
buildings and the land ancillary thereto, irrespective of
ownership, used for the purposes of the mission including the
DIPLOMATIC IMMUNITY residence of the head of the mission.
Article 1. For the purpose of the present Convention, the Article 27.
following expressions shall have the meanings hereunder 1.The receiving State shall permit and protect free
assigned to them: communication on the part of the mission for all official
(a) The “head of the mission” is the person charged by the purposes. In communicating with the Government and the
sending State with the duty of acting in that capacity; other missions and consulates of the sending State, wherever
situated, the mission may employ all appropriate means,
(b) The “members of the mission” are the head of the mission including diplomatic couriers and messages in code or cipher.
and the members of the staff of the mission; However, the mission may install and use a wireless
transmitter only with the consent of the receiving State.
(c) The “members of the staff of the mission” are the members
of the diplomatic staff, of the administrative and technical 2.The official correspondence of the mission shall be
staff and of the service staff of the mission; inviolable. Official correspondence means all correspondence
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relating to the mission and its functions. in the case of:
3.The diplomatic bag shall not be opened or detained.
(a) A real action relating to private immovable property
4.The packages constituting the diplomatic bag must bear situated in the territory of the receiving State, unless he holds
visible external marks of their character and may contain only it on behalf of the sending State for the purposes of the
diplomatic documents or articles intended for official use. mission;
5.The diplomatic courier, who shall be provided with an official (b) An action relating to succession in which the diplomatic
document indicating his status and the number of packages agent is involved as executor, administrator, heir or legatee as
constituting the diplomatic bag, shall be protected by the a private person and not on behalf of the sending State;
receiving State in the performance of his functions. He shall
enjoy person inviolability and shall not be liable to any form of (c) An action relating to any professional or commercial
arrest or detention. activity exercised by the diplomatic agent in the receiving
State outside his official functions.
6.The sending State or the mission may designate diplomatic
couriers ad hoc. In such cases the provisions of paragraph 5 of 2.A diplomatic agent is not obliged to give evidence as a
this article shall also apply, except that the immunities therein witness.
mentioned shall cease to apply when such a courier has
delivered to the consignee the diplomatic bag in his charge. 3.No measures of execution may be taken in respect of a
diplomatic agent except in the cases coming under
7.A diplomatic bag may be entrusted to the captain of a subparagraphs (a), (b) and (c) of paragraph 1 of this article,
commercial aircraft scheduled to land at an authorized port of and provided that the measures concerned can be taken
entry. He shall be provided with an official document without infringing the inviolability of his person or of his
indicating the number of 9 packages constituting the bag but residence.
he shall not be considered to be a diplomatic courier. The
mission may send one of its members to take possession of the 4.The immunity of a diplomatic agent from the jurisdiction of
diplomatic bag directly and freely from the captain of the the receiving State does not exempt him from the jurisdiction
aircraft of the sending State.
Article 27. Article 37.

1.A diplomatic agent shall enjoy immunity from the criminal 1.The members of the family of a diplomatic agent forming
jurisdiction of the receiving State. He shall also enjoy part of his household shall, if they are not nationals of the
immunity from its civil and administrative jurisdiction, except receiving State, enjoy the privileges and immunities specified
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in articles 29 to 36. Dictionary) or has escaped from confinement. Its rationale is -
“to hold that no criminal could be arrested without a warrant
2.Members of the administrative and technical staff of the would be to leave the society, to a large extent, at the mercy of
mission, together with members of their families forming part the shrewdest, the most expert, and the most depraved of
of their respective households, shall, if they are not nationals criminals”. (Umil vs Ramos, 202 SCRA 251)
of or 12 permanently resident in the receiving State, enjoy the
privileges and immunities specified in articles 29 to 35, except Q. What are the permissible warrantless arrest?
that the immunity from civil and administrative jurisdiction of A. The permissible warrantless arrest are:
the receiving State specified in paragraph 1 of article 31 shall (i) arrests in flagrante delicto;
not extend to acts performed outside the course of their (ii) arrests effected in hot pursuit; and
duties. They shall also enjoy the privileges specified in article (iii) arrests of escaped prisoners
36, paragraph 1, in respect of articles imported at the time of
first installation. Q. What are the elements of arrest in flagrante delicto?
A.
3.Members of the service staff of the mission who are not (i) the person to be arrested must execute an overt act
nationals of or permanently resident in the receiving State indicating that he has just committed, is actually committing,
shall enjoy immunity in respect of acts performed in the course or is attempting to commit a crime; and
of their duties, exemption from dues and taxes on the
emoluments they receive by reason of their employment and (ii) such overt act is done in the presence or within the view of
the exemption contained in article 33. the arresting officer or person (People vs Elamparo, 329 SCAR
404)
4.Private servants of members of the mission shall, if they are
not nationals of or permanently resident in the receiving State, Q. Must the crime be made in the actual presence of the
be exempt from dues and taxes on the emoluments they arresting officer?
receive by reason of their employment. In other respects, they A. No. It includes a situation where the arresting officer only
may enjoy privileges and immunities only to the extent hears the disturbance at a distance and immediately
admitted by the receiving State. However, the receiving State proceeded to the crime scene” (Padilla vs CA, 269 SCRA 402).
must exercise its jurisdiction over those persons in such a
In this jurisdiction, “reliable information” alone is not sufficient
manner as not to interfere unduly with the performance of the
to justify warrantless arrest. In addition thereto, the accused
functions of the mission.
must perform some overt act that would indicate that he has
Q. What do you mean by warrantless arrest? committed, is actually committing, or is attempting to commit
A. It is the seizure of the person without warrant but based on an offense (People vs Racho, G.R. No. 186529, August 3, 2010).
probable cause that he has committed a felony (Black’s Law
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Q. What are the conditions of arrest in hot pursuit? warrant at any time and in any place within the Philippines
A. (Sec. 13, Rule 113 of the ROC)
(i) the person to be arrested must have just committed an Q. Is an arrest by invitation legal?
offense; and A. No. It is illegal. It is a prohibited act under RA 7438 (People
vs Olivarez, 299 SCRA 635; San Agustin vs People, G.R.
(ii) the arresting peace officer or private person has probable 158211, August 31, 2004).
cause to believe based on personal knowledge of facts or
circumstances that the person to be arrested is the one who People vs Alunday
committed the offense (People ve del Rosario, 305 SCRA 740).
FACTS:
There must be a large measure of immediacy between the
time the offense was committed and the time of the arrest,
and if there was an appreciable lapse of time between the ISSUE:
arrest and the commission of the crime, a warrant must be
secured (People v del Rosario, 305 SCRA 740). RULING:
Q. What are the other instances of warrantless arrest?

A. Umil vs Ramos
(i) an accused released on bail may be re-arrested without the
necessity of a warrant if he attempts to depart from the
FACTS:
Philippines without the permission of the court where the case
is pending;
ISSUE:
(ii) for purposes of surrendering the accused, the bondsman
may arrest him or, upon written authority endorsed on a RULING:
certified copy of the undertaking, cause him to be arrested by a
police officer or any other person of suitable age and
discretion (Sec. 23, Rule 114 of the ROC) Pestilos vs Generoso
(iii) if a person lawfully arrested escapes or is rescued, any
person may immediately pursue or retake him without a FACTS:
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ISSUE: commission of an offense, is pursued immediately after its
commission, or has escaped, flees, or forcibly resists before
RULING: the person making the arrest has opportunity to so inform
him, or when the giving of such information will imperil the
arrest. (9a)
Section 6. Time of making arrest. — An arrest may be made Section 10. Officer may summon assistance. — An officer
on any day and at any time of the day or night. (6) making a lawful arrest may orally summon as many
Section 7. Method of arrest by officer by virtue of warrant. — persons as he deems necessary to assist him in effecting
When making an arrest by virtue of a warrant, the officer the arrest. Every person so summoned by an officer shall
shall inform the person to be arrested of the cause of the assist him in effecting the arrest when he can render such
arrest and of the fact that a warrant has been issued for his assistance without detriment to himself. (10a)
arrest, except when he flees or forcibly resists before the Section 11. Right of officer to break into building or
officer has opportunity to so inform him, or when the giving enclosure. — An officer, in order to make an arrest either by
of such information will imperil the arrest. The officer need virtue of a warrant, or without a warrant as provided in
not have the warrant in his possession at the time of the section 5, may break into any building or enclosure where
arrest but after the arrest, if the person arrested so the person to be arrested is or is reasonably believed to be,
requires, the warrant shall be shown to him as soon as if he is refused admittance thereto, after announcing his
practicable. (7a) authority and purpose. (11a)
Section 8. Method of arrest by officer without warrant. —
When making an arrest without a warrant, the officer shall
inform the person to be arrested of his authority and the Section 12. Right to break out from building or enclosure. —
cause of the arrest, unless the latter is either engaged in Whenever an officer has entered the building or enclosure
the commission of an offense, is pursued immediately after in accordance with the preceding section, he may break out
its commission, has escaped, flees or forcibly resists before therefrom when necessary to liberate himself. (12a)
the officer has opportunity so to inform him, or when the
giving of such information will imperil the arrest. (8a)
Section 9. Method of arrest by private person. — When Section 13. Arrest after escape or rescue. — If a person
making an arrest, a private person shall inform the person lawfully arrested escapes or is rescued, any person may
to be arrested of the intention to arrest him and cause of
the arrest, unless the latter is either engaged in the
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immediately pursue or retake him without a warrant at any
time and in any place within the Philippines. (13) (ii) Property bond – it is an undertaking constituted as lien on
the real property given as security for the amount of the bail
Section 14. Right of attorney or relative to visit person (Sec. 11, Rule 114)
arrested. — Any member of the Philippine Bar shall, at the
request of the person arrested or of another acting in his (iii) Cash deposit – it is an amount deposited with the proper
behalf, have the right to visit and confer privately with such government officer considered as bail upon condition that such
person in the jail or any other place of custody at any hour money will be forfeited if the accused does not appear before
of the day or night. Subject to reasonable regulations, a the court requiring his attendance (Sec. 14, Rule 114)
relative of the person arrested can also exercise the same
right. (14a) (iv) recognizance – it is an obligation undertaken by a person,
generally a defendant in a criminal case, to appear in court on
a particular day or to keep the peace (Black’s Law Dictionary)
RULE 114 BAIL

Q. What is the basic requisite of right to bail?
A. The right to bail can only be availed of by a person who is
Section 1. Bail defined. — Bail is the security given for the in custody of the law or otherwise deprived of his liberty
release of a person in custody of the law, furnished by him (Maguddatu vs CA, 326 SCRA 362). The principle in this
or a bondsman, to guarantee his appearance before any jurisdiction is that since bail is intended to obtain provisional
court as required under the conditions hereinafter liberty of the accused, the same cannot be authorized or
specified. Bail may be given in the form of corporate surety, posted before custody of said accused has been acquired by
property bond, cash deposit, or recognizance. (1a) the judicial authorities by his arrest or voluntary surrender
(Comia vs Antona, 337 SCRA 656).
Q. What are the kinds of bail?
A. (i) Corporate surety bond – a bond furnished by a surety Q. Can you file a petition for bail for someone not yet
company or corporate surety under which the latter arrested or has not yet voluntarily surrendered or still at
guarantees the State that the accused will appear at large or not yet in custody of the law?
subsequent proceedings A. No
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Q. When is a person considered under the custody of the (d) The bondsman shall surrender the accused to the court
law? for execution of the final judgment.
A. A person is considered to be in custody of the law
(a) when he is arrested either by virtue of a warrant of arrest The original papers shall state the full name and address of
issued pursuant to Sec. 5, Rule 112, or even without a warrant the accused, the amount of the undertaking and the
under Sec. 5, Rule 113 in relation to Sec. 6, Rule 112 of the conditions herein required. Photographs (passport size)
ROC; or taken within the last six (6) months showing the face, left
(b) when he has voluntarily submitted himself to the and right profiles of the accused must be attached to the
jurisdiction of the court by surrendering to the proper bail. (2a)
authorities (People vs Gako, 348 SCRA 334)
Q. What are the conditions of the bail?
Q. Can an accused who was confined in a hospital file a A. (i) with respect to its effectivity –
motion for application for bail? Sec. 2(a)- (a) The undertaking shall be effective upon approval,
A. Yes (Paderanga vs CA, 247 SCRA 741) and unless cancelled, shall remain in force at all stages of the
case until promulgation of the judgment of the Regional Trial
Court, irrespective of whether the case was originally filed in
Section 2. Conditions of the bail; requirements. — All kinds of or appealed to it;
bail are subject to the following conditions:
(ii) with the appearance of the accused -
(a) The undertaking shall be effective upon approval, and Sec. 2 (b)- (b) The accused shall appear before the proper court
unless cancelled, shall remain in force at all stages of the whenever required by the court of these Rules;
case until promulgation of the judgment of the Regional
Trial Court, irrespective of whether the case was originally Q. What are the 2 situations covered by Sec. 2(a)?
filed in or appealed to it; A. First – the case was originally filed with the MTC but
brought on appeal to the RTC, in which case the bail remains
(b) The accused shall appear before the proper court effective even during the pendency of the appeal with the
whenever required by the court of these Rules; latter court until the promulgation of its judgment
Second – the case is originally filed with the RTC, in which

(c) The failure of the accused to appear at the trial without case the bail remains effective until the promulgation of
justification and despite due notice shall be deemed a judgment; however, it was held that notwithstanding the
waiver of his right to be present thereat. In such case, the promulgation of the judgment, the bail bond of the accused
trial may proceed in absentia; and previously posted can still be used during the 15 day period to
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appeal but not during the entire period of appeal may be restrained form leaving the country or, if abroad,
(Mangudadatu vs CA, 326 SCRA 362). compelled to return (Silverio vs CA, 195 SCRA 760)
But where the accused is convicted by the RTC for an offense Section 3. No release or transfer except on court order or bail.
not punishable by death or reclusion perpetua or life — No person under detention by legal process shall be
imprisonment and he is admitted to bail, he may be allowed released or transferred except upon order of the court or
to continue on provisional liberty during the pendency of the when he is admitted to bail. (3a)
appeal under the same bail subject to the consent of the
Section 4. Bail, a matter of right; exception. — All persons in
bondsman (Sec. 5, Rule 114)
custody shall be admitted to bail as a matter of right, with
Q. Is the accused required to appear before the court after sufficient sureties, or released on recognize as prescribed
posting bail? by law or this Rule (a) before or after conviction by the
A. Only when required by the court and (i) during arraignment; Metropolitan Trial Court, Municipal Trial Court, Municipal
(ii) during trial whenever necessary for identification purposes; Trial Court in Cities, or Municipal Circuit Trial Court, and (b)
and (iiii) at the promulgation of sentence, unless it is for a before conviction by the Regional Trial Court of an offense
light offense in which case the accused may appear by not punishable by death, reclusion perpetua, or life
counsel or representative. At such stages of the proceedings, imprisonment. (4a)
his presence is required and cannot be waived (Lavides vs CA,
324 SCRA 321) Q. When is bail a matter of right?
A. see Sec. 4, Rule 114 of the ROC
Q. Is the court empowered to prohibit a person admitted to
bail from leaving the Philippines? Q. What is the remedy if the court denies the bail?
A. Yes because if the accused was allowed to leave the A. The remedy is to file a petition for certiorari in the proper
Philippines without sufficient reason, he may be placed court if the trial court committed grave abuse of discretion
beyond the reach of the courts (Manotoc vs CA, 142 SCRA amounting to lack or in excess of jurisdiction (People vs
149). Gomez, 325 SCRA 61)
Q. If the accused tries to depart from the Philippines Section 5. Bail, when discretionary. — Upon conviction by
without authority of the court, can he be arrested without a the Regional Trial Court of an offense not punishable by
warrant? death, reclusion perpetua, or life imprisonment, admission
A. Yes. (see Sec. 23, Rule 114) A person facing criminal charges to bail is discretionary. The application for bail may be filed
and acted upon by the trial court despite the filing of a
notice of appeal, provided it has not transmitted the
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original record to the appellate court. However, if the
decision of the trial court convicting the accused changed The appellate court may, motu proprio or on motion of any
the nature of the offense from non-bailable to bailable, the party, review the resolution of the Regional Trial Court after
application for bail can only be filed with and resolved by notice to the adverse party in either case. (5a)
the appellate court.
Q. Can the trial court act on an application for bail despite
Should the court grant the application, the accused may be the filing of a notice of appeal?
allowed to continue on provisional liberty during the A. Yes provided that the trial court has not yet transmitted the
pendency of the appeal under the same bail subject to the original records of the case to the appellate court.
consent of the bondsman.
Q. Can bail be granted after conviction?
If the penalty imposed by the trial court is imprisonment A. The right of the accused to bail after conviction depends
exceeding six (6) years, the accused shall be denied bail, or upon the penalty imposed against him by the trial court. Thus,
his bail shall be cancelled upon a showing by the
prosecution, with notice to the accused, of the following or (i) if the accused who is charged with a capital offense is
other similar circumstances: convicted by the trial court and sentenced to suffer death,
reclusion perpetua or life imprisonment, bail is not a matter of
(a) That he is a recidivist, quasi-recidivist, or habitual right nor a matter of discretion by the trial court because his
delinquent, or has committed the crime aggravated by the conviction clearly imports that the evidence of guilt is strong;
circumstance of reiteration;
(ii) if an accused is convicted by the RTC of an offense not
(b) That he has previously escaped from legal confinement, punishable by death, reclusion perpetua or life imprisonment,
evaded sentence, or violated the conditions of his bail or, in other words, convicted with a penalty of 6 years and 1
without valid justification; day to 20 years, admission to bail is discretionary;
(c) That he committed the offense while under probation,
(iii) if the accused is under custody for an offense charged
parole, or conditional pardon; before the MTC, MeTC, MCTC, MTCC, he is entitled to bail as a
(d) That the circumstances of his case indicate the matter of right whether before or after conviction by such
probability of flight if released on bail; or court (Sec. 4, Rule 114)
(e) That there is undue risk that he may commit another Q. When is bail discretionary?
crime during the pendency of the appeal. A. If the accused is convicted by the RTC for an offense not
punishable by death, reclusion perpetua or life imprisonment.
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But even if the bail is discretionary, the court should deny bail custody for the commission of an offense punishable by
if the prosecution has shown the following: death, reclusion perpetua, or life imprisonment, the
prosecution has the burden of showing that evidence of
(i) that the accused is a recidivist, quasi-recidivist; or habitual guilt is strong. The evidence presented during the bail
delinquent or has committed the crime aggravated by the hearing shall be considered automatically reproduced at
circumstance of Reiteration; the trial, but upon motion of either party, the court may
recall any witness for additional examination unless the
(ii) that the accused has previously escaped from legal latter is dead, outside the Philippines, or otherwise unable
confinement, evaded sentence or violated the conditions of his to testify. (8a)
bail without justification;
Q. When is hearing mandatory in bail applications for
(iii) that the accused committed the offense while under non-bailable offenses?
probation, parole or conditional pardon; A. When bail is not a matter of right, a hearing, whether
summary or otherwise in the discretion of the court, should
(iv) that there is probability of flight by the accused; first be conducted to determine whether the evidence of guilt
is strong. Even if the prosecution chooses to just
(v) that the accused might commit another crime during the
pendency of the appeal (Mangudadatu vs Ca, 326 SCRA 362) (i) file a comment,
Section 6. Capital offense defined. — A capital offense is an
(ii) leave the matter to the discretion of the cou
offense which, under the law existing at the time of its
commission and of the application for admission to bail, (iii) refuse to adduce evidence, or
may be punished with death. (6a)
Section 7. Capital offense of an offense punishable by (iv) the prosecution does not interpose any objection to the
reclusion perpetua or life imprisonment, not bailable. — No application for bail, the court must conduct a hearing.
person charged with a capital offense, or an offense Q. When is hearing not necessary in bail applications?
punishable by reclusion perpetua or life imprisonment, A. Hearing is not necessary when bail is a matter of right.
shall be admitted to bail when evidence of guilt is strong,
regardless of the stage of the criminal prosecution. (7a) NOTE: After the hearing on a petition for bail, the judge is
mandated to prepare a summary of the evidence for the
Section 8. Burden of proof in bail application. — At the
prosecution followed by his conclusion whether or not the
hearing of an application for bail filed by a person who is in evidence of guilt is strong (People vs Gako, 348 SCRA 334).
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Without the summary evidence, the order granting or denying (j) Pendency of other cases where the accused is on bail.
bail may be invalidated because the summary of the evidence
for the prosecution which contains the judge’s evaluation of Excessive bail shall not be required. (9a)
the evidence may be considered as an aspect of procedural
Section 10. Corporate surety. — Any domestic or foreign
due process for both the prosecution and the defense (Comia
vs Antona, 337 SCRA 656; Carpio vs Maglalang, 196 SCRA 41). corporation, licensed as a surety in accordance with law
and currently authorized to act as such, may provide bail by
NOTE: The hearing for purposes of bail application is to decide a bond subscribed jointly by the accused and an officer of
whether the evidence of guilt is strong while in trial on the the corporation duly authorized by its board of directors.
merits, it contemplates of guilt beyond reasonable doubt. (10a)
Section 11. Property bond, how posted. — A property bond

Section 9. Amount of bail; guidelines. — The judge who
issued the warrant or granted the application shall fix a is an undertaking constituted as lien on the real property
reasonable amount of bail considering primarily, but not given as security for the amount of the bail. Within ten (10)
limited to, the following factors: days after the approval of the bond, the accused shall cause
the annotation of the lien on the certificate of title on file
(a) Financial ability of the accused to give bail; with the Register of Deeds if the land is registered, or if
unregistered, in the Registration Book on the space
(b) Nature and circumstances of the offense; provided therefor, in the Registry of Deeds for the province
or city where the land lies, and on the corresponding tax
(c) Penalty for the offense charged; declaration in the office of the provincial, city and
municipal assessor concerned.
(d) Character and reputation of the accused;
Within the same period, the accused shall submit to the
(e) Age and health of the accused;
court his compliance and his failure to do so shall be
(f) Weight of the evidence against the accused; sufficient cause for the cancellation of the property bond
and his re-arrest and detention. (11a)
(g) Probability of the accused appearing at the trial;
Section 12. Qualifications of sureties in property bond. —
(h) Forfeiture of other bail; The qualification of sureties in a property bond shall be as
follows:
(i) The fact that accused was a fugitive from justice when
arrested; and
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deposit and a written undertaking showing compliance
(a) Each must be a resident owner of real estate within the with the requirements of section 2 of this Rule, the accused
Philippines; shall be discharged from custody. The money deposited
shall be considered as bail and applied to the payment of
(b) Where there is only one surety, his real estate must be
fine and costs while the excess, if any, shall be returned to
worth at least the amount of the undertaking; the accused or to whoever made the deposit. (14a)
(c) If there are two or more sureties, each may justify in an Section 15. Recognizance. — Whenever allowed by law or
amount less than that expressed in the undertaking but the these Rules, the court may release a person in custody to
aggregate of the justified sums must be equivalent to the his own recognizance or that of a responsible person. (15a)
whole amount of bail demanded.
Section 16. Bail, when not required; reduced bail or
In all cases, every surety must be worth the amount
recognizance. — No bail shall be required when the law or
specified in his own undertaking over and above all just these Rules so provide.
debts, obligations and properties exempt from execution.
(12a) When a person has been in custody for a period equal to or
more than the possible maximum imprisonment prescribe
Section 13. Justification of sureties. — Every surety shall
for the offense charged, he shall be released immediately,
justify by affidavit taken before the judge that he possesses without prejudice to the continuation of the trial or the
the qualifications prescribed in the preceding section. He proceedings on appeal. If the maximum penalty to which
shall describe the property given as security, stating the the accused may be sentenced is destierro, he shall be
nature of his title, its encumbrances, the number and released after thirty (30) days of preventive imprisonment.
amount of other bails entered into by him and still
undischarged, and his other liabilities. The court may A person in custody for a period equal to or more than the
examine the sureties upon oath concerning their sufficiency minimum of the principal penalty prescribed for the offense
in such manner as it may deem proper. No bail shall be charged, without application of the Indeterminate Sentence
approved unless the surety is qualified. (13a) Law or any modifying circumstance, shall be released on a
reduced bail or on his own recognizance, at the discretion
Section 14. Deposit of cash as bail. — The accused or any
of the court. (16a)
person acting in his behalf may deposit in cash with the
nearest collector or internal revenue or provincial, city, or Q. What is recognizance?
municipal treasurer the amount of bail fixed by the court, A. It is an obligation undertaken by a person, generally a
or recommended by the prosecutor who investigated or
filed the case. Upon submission of a proper certificate of
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defendant in a criminal case, to appear in court on a particular Q. When is bail not required?
day or to keep the peace (Black’s Law Dictionary). A. Bail shall not be required of a person in the following cases:
Q. When is recognizance proper? (a) violation of a municipal or city ordinance, a light felony
A. The release on recognizance of any person under detention and/or criminal offense the prescribed penalty for which is not
may be ordered only by a court in the following higher than 6 months imprisonment and/or a fine of 2,000
instances: pesos or both, where said person has established to the
satisfaction of the court or any other appropriate authority
(i) when the offense charged is for violation of an ordinance, a hearing the case that he is unable to post the required cash
light felony, or a criminal offense the imposable penalty for bond except in the following cases:
which does not exceed 6 months imprisonment and/or 2,000
fine under the circumstances provided in RA 6036; (i) when he is caught committing the offense in
flagrante;
(ii) when a person has been in custody for a period equal to or
more than the minimum of the imposable principal penalty (ii) when he confesses to the commission of the offense
without application of the Indeterminate Sentence Law or any unless the confession is later repudiated by him;
modifying circumstance, in which case the court, in its
discretion, may allow his release on his own recognizance; (iii) when he is found to have previously escaped from legal
confinement; evaded sentence, or jumped bail;
(iii) when the accused has applied for probation, pending
resolution of the case but no bail was filed or the accused is (iv) when is found to have violated the provision of RA 6036
incapable of filing one (Sec. 24, Rule 114 of the ROC); and (otherwise known as An Act Providing that Bail Shall Not, with
Certain Exceptions Be Required in Cases of Violations of
(iv) where a child is detained, the court shall order the release Municipal & City Ordinances …);
of the minor on recognizance to his/her parents and other
suitable person (Sec. 35, RA 9344) (v) when he is found to be a recidivist or a habitual delinquent
or has been previously convicted for an offense to which the
NOTE: Before the trial court may release a youthful offender law or ordinance attaches an equal or greater penalty or for
on recognizance to the custody of his parents, the two or more offenses to which it attaches a lighter penalty; (vi)
recommendation of the DSWD or other agency authorized by when he commits the offense while on parole or under
the court must be obtained (Art. 191, PD 603). conditional pardon;
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(vii) when the accused has been previously pardoned by the application may be filed only in the court where the case is
municipal or city mayor for violation of municipal or city pending, on trial or appeal.
ordinances (Sec. 1, RA 6036);
(c) Any person in custody who is not yet charged in court
(b) in criminal cases falling under the Rules on Summary may apply for bail with any court in the province, city or
Procedure except when the accused failed to appear when municipality where he is held, (17a) (A.M. No. 05-8-26-SC,
required; [August 30, 2005])
(c) whenever an accused had undergone preventive Q. What are the two situations contemplated under Sec.
imprisonment for a period equal to or more than the possible 17?
maximum imprisonment of the offense charged to which he A. First – the accused is arrested in the same province, city or
may be sentenced and his case is not yet terminated; and municipality where his case is pending; and
(d) in cases not requiring preliminary investigation nor covered Second – the accused is arrested in the province, city or
by the Rules on Summary Procedure where the municipal trial municipality other than where his case is pending
judge is satisfied that there is no necessity for placing the
accused under custody, in which case he may issue summons NOTE: In the first situation, the accused may file bail with the
instead of a warrant of arrest (Sec. 9[b], Rule 112 of the ROC) court where his case is pending, or in the absence or
unavailability of the judge thereof, with another branch OF
Section 17. Bail, where filed. — (a) Bail in the amount fixed THE SAME COURT within the province, municipality or city.
may be filed with the court where the case is pending, or, in
the absence or unavailability of the judge thereof, with any NOTE: In the second situation, the accused has two options.
regional trial judge, metropolitan trial judge, municipal First, he may file bail with any RTC of the province, city or
trial judge, or municipal circuit trial judge in the province, municipality where he was arrested. Second, when no RTC
city, or municipality. If the accused is arrested in a province, judge is available, he may file bail with any MTC, MCTC, MTCC
city, or municipality other than where the case is pending, or MeTC therein (Cruz vs Yaneza, 304 SCRA 285).
bail may be filed with any regional trial court of said place,
Section 18. Notice of application to prosecutor. — In the
or, if no judge thereof is available, with any metropolitan
trial judge, municipal trial judge or municipal circuit trial application for bail under section 8 of this Rule, the court
judge therein. must give reasonable notice of the hearing to the
prosecutor or require him to submit his recommendation.
(b) Where the grant of bail is a matter of discretion, or the (18a)
accused seeks to be released on recognizance, the
NOTE: In this jurisdiction, whether bail is a matter of right or
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discretion, reasonable notice is required to be given to the complaint or information, may, at any subsequent stage of
prosecutor or fiscal, or at least, he must be asked for his the proceedings and whenever a strong showing of guilt
recommendation (Young vs Batuegas, 403 SCRA 123) before appears to the court, be required to give bail in the amount
the judge may grant an application for bail. For this purpose, fixed, or in lieu thereof, committed to custody. (20a)
the judge must not disregard the mandatory 3-day notice rule
under Sec. 4, Rule 15 of the ROC which requires that notice of Section 21. Forfeiture of bond. — When the presence of the
a motion must be served on all parties at least 3 days in accused is required by the court or these Rules, his
advance of the hearing (Depamaylo vs Brotarlo, 266 SCRA bondsmen shall be notified to produce him before the court
151). Notice of application for bail to the prosecution is on a given date and time. If the accused fails to appear in
required even though no charge has yet been filed in court, person as required, his bail shall be declared forfeited and
AND EVEN THOUGH UNDER THE CIRCUMSTANCES BAIL IS A the bondsmen given thirty (30) days within which to
MATTER OF RIGHT (Espiritu vs Jovellanos, 280 SCRA 579). produce their principal and to show cause why no judgment
should be rendered against them for the amount of their
bail. Within the said period, the bondsmen must:
Section 19. Release on bail. — The accused must be
discharged upon approval of the bail by the judge with (a) produce the body of their principal or give the reason
whom it was filed in accordance with section 17 of this for his non-production; and
Rule.
(b) explain why the accused did not appear before the court
Whenever bail is filed with a court other than where the when first required to do so.
case is pending, the judge who accepted the bail shall
Failing in these two requisites, a judgment shall be
forward it, together with the order of release and other
supporting papers, to the court where the case is pending, rendered against the bondsmen, jointly and severally, for
which may, for good reason, require a different one to be the amount of the bail. The court shall not reduce or
filed. (19a) otherwise mitigate the liability of the bondsmen, unless
the accused has been surrendered or is acquitted. (21a)
Section 20. Increase or reduction of bail. — After the
Section 22. Cancellation of bail. — Upon application of the
accused is admitted to bail, the court may, upon good
cause, either increase or reduce its amount. When bondsmen, with due notice to the prosecutor, the bail may
increased, the accused may be committed to custody if he be cancelled upon surrender of the accused or proof of his
does not give bail in the increased amount within a death.
reasonable period. An accused held to answer a criminal
charge, who is released without bail upon filing of the
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monthly personal inspections of provincial, city, and
The bail shall be deemed automatically cancelled upon municipal jails and their prisoners within their respective
acquittal of the accused, dismissal of the case, or execution jurisdictions. They shall ascertain the number of detainees,
of the judgment of conviction. inquire on their proper accommodation and health and
examine the condition of the jail facilities. They shall order
In all instances, the cancellation shall be without prejudice
the segregation of sexes and of minors from adults, ensure
to any liability on the bond. (22a) the observance of the right of detainees to confer privately
Section 23. Arrest of accused out on bail. — For the with counsel, and strive to eliminate conditions inimical to
purpose of surrendering the accused, the bondsmen may the detainees.
arrest him or, upon written authority endorsed on a In cities and municipalities to be specified by the Supreme
certified copy of the undertaking, cause him to be arrested Court, the municipal trial judges or municipal circuit trial
by a police officer or any other person of suitable age and judges shall conduct monthly personal inspections of the
discretion. municipal jails in their respective municipalities and submit
An accused released on bail may be re-arrested without the a report to the executive judge of the Regional Trial Court
necessity of a warrant if he attempts to depart from the having jurisdiction therein.
Philippines without permission of the court where the case A monthly report of such visitation shall be submitted by
is pending. (23a) the executive judges to the Court Administrator which shall
Section 24. No bail after final judgment; exception. — No state the total number of detainees, the names of those
bail shall be allowed after the judgment of conviction has held for more than thirty (30) days, the duration of
become final. If before such finality, the accused has applies detention, the crime charged, the status of the case, the
for probation, he may be allowed temporary liberty under cause for detention, and other pertinent information. (25a)
his bail. When no bail was filed or the accused is incapable Section 26. Bail not a bar to objections on illegal arrest,
of filing one, the court may allow his release on lack of or irregular preliminary investigation. — An
recognizance to the custody of a responsible member of the application for or admission to bail shall not bar the
community. In no case shall bail be allowed after the accused from challenging the validity of his arrest or the
accused has commenced to serve sentence. (24a) legality of the warrant issued therefor, or from assailing the
Section 25. Court supervision of detainees. — The court regularity or questioning the absence of a preliminary
shall exercise supervision over all persons in custody for investigation of the charge against him, provided that he
the purpose of eliminating unnecessary detention. The raises them before entering his plea. The court shall
executive judges of the Regional Trial Courts shall conduct
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resolve the matter as early as practicable but not later than (c) When the accused refuses to plead or makes a
the start of the trial of the case. (n) conditional plea, a plea of not guilty shall be entered for
him. (1a)
Q. What are the objections not deemed waived by accused’s
application for or posting of bail? (d) When the accused pleads guilty but presents
A. (i) the invalidity of the arrest; exculpatory evidence, his plea shall be deemed withdrawn
(ii) the illegality of the issuance of warrant of arrest; and and a plea of not guilty shall be entered for him. (n)
(e) When the accused is under preventive detention, his

(iii) the irregularity or absence of a preliminary investigation
(Sec. 26, Rule 114 of the ROC) case shall be raffled and its records transmitted to the
judge to whom the case was raffled within three (3) days
from the filing of the information or complaint. The
RULE 116 - Arraignment and Plea accused shall be arraigned within ten (10) days from the
date of the raffle. The pre-trial conference of his case shall
Section 1. Arraignment and plea; how made. — be held within ten (10) days after arraignment. (n)
(a) The accused must be arraigned before the court where (f) The private offended party shall be required to appear
the complaint or information was filed or assigned for trial. at the arraignment for purposes of plea bargaining,
The arraignment shall be made in open court by the judge determination of civil liability, and other matters requiring
or clerk by furnishing the accused with a copy of the his presence. In case of failure of the offended party to
complaint or information, reading the same in the language appear despite due notice, the court may allow the accused
or dialect known to him, and asking him whether he pleads to enter a plea of guilty to a lesser offense which is
guilty or not guilty. The prosecution may call at the trial necessarily included in the offense charged with the
witnesses other than those named in the complaint or conformity of the trial prosecutor alone. (cir. 1-89)
information.
(g) Unless a shorter period is provided by special law or
(b) The accused must be present at the arraignment and Supreme Court circular, the arraignment shall be held
must personally enter his plea. Both arraignment and plea within thirty (30) days from the date the court acquires
shall be made of record, but failure to do so shall not affect jurisdiction over the person of the accused. The time of the
the validity of the proceedings. pendency of a motion to quash or for a bill of particulars or
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other causes justifying suspension of the arraignment shall 1. In open court where the C/I has been filed or assigned
be excluded in computing the period. (sec. 2, cir. 38-98) for trial;
2. By the judge or clerk of court;
Q. What is arraignment?
3. By furnishing the accused with a copy of the C/I;
A. Arraignment is a procedure whereby the accused is brought
4. By reading it in a language or dialect known to the
before the court to plead to the criminal charge against him in
accused;
the indictment or information. The charge is read to him and
5. By asking the accused whether he pleads guilty or not
he is asked to plead “guilty” or “not guilty” (Black’s Law
guilty;
Dictionary).
6. Accused must personally appear during arraignment
Q: What is the purpose of arraignment? and enter his plea;and
A: (i) To apprise of the reason for his indictment, specific 7. Both arraignment and plea shall be made of record but
charges he is bound to face, and the corresponding penalty failure to enter of record shall not affect the validity of
that could possibly issue against him; the proceedings.
(ii) To apprise the accused of the possible loss of freedom,
Q. When should a plea of not guilty be entered?
even of his life, based on the crime filed against him;
A.
(iii) To inform the accused of why the prosecuting arm of the
(i) when the accused pleads not guilty to the offense charged;
State is mobilized against him
(ii) when he refuses to make a plea;
Q. What is a plea? (iii) when he makes a conditional plea of guilt;
A. Plea is the response made by the accused in open court (iv) when he admits the truth of some or all allegations of the
upon arraignment in which the complaint or information is information but interposes excuses or additional facts which, if
read to him in a language or dialect known to him, and such duly established, would exempt or relieve him of criminal
accused is asked whether he pleads guilty or not guilty to the responsibility;
offense charged. (v) when, after a plea of guilt, he introduces evidence of
self-defense or other exculpatory facts; and
Q: Plea- When and How Made
(vi) when the plea is indefinite, vague or ambiguous
A:
Q: What is a conditional plea of guilty?
A: Plea entered by the accused subject to the proviso that a
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certain penalty be imposed upon him. It is equivalent to a plea Q: When Arraignment shall be made?
of not guilty> A: Arraignment and pre-trial shall be set within
DETAINED ACCUSED- 10 CD from date of the court’s receipt of
Plea of guilty is a Judicial Confession the case, and;
GR: It is elementary that a plea of guilty is a judicial NON-DETAINED ACCUSED- within 30 CD from the date the
confession of guilt. An admission of all the material facts court acquires jurisdiction (regardless if by arrest or voluntary
alleged in the Information including the aggravating surrender)
circumstances alleged.
Q: What are other instances where arraignment is held
within a shorter period?
XPNs:
A: (i) When complainant is about to depart from the country
1. Where the plea of guilty was compelled by violence or with no specific or definite return date, the accused should be
intimidation arraigned w/o delay.
(ii) For cased under RA7610 or Child Abuse, the trial shall be
2. When the accused did not fully understand the commenced withinn 3 days from arraignment
meaning and consequences of his plea; (iii) Cases under the Dangerous Drugs; and
(iv) For cases of minority or child in conflict with law (Sec 27
3. Where the Information is insufficient to sustain of AM No. 02-1-18-SC, the arraignment shall be scheduled
conviction of the offense charged within 7days from the date of the filing of the C/I w/ the
Family Court, unless shorter period is provided by law)
4. Where the information does not charge an offense, any
Q. Is the arraignment made after the prosecution rested its
conviction thereunder being void
case considered a prejudicial error?
A: No. It is a non-prejudicial error because counsel of the
5. Where the court has no jurisdiction
accused failed to object lack of arraignment during trial; and
NOTE: Plea of guilty is mitigating if it is made before counsel of the accused had full opportunity to cross- examine
prosecution starts to present evidence the witnesses.
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Q. When is re-arraignment proper? education of the accused, his guilty plea thereto were void.
A. The lack of education of the accused.
(i) when the accused is a deaf-mute, a mental retardate with
low IQ and was tried without the benefit of a sign language
Q. What objections are deemed waived by pleading to the
expert;
Information?
(ii) when the trial court failed in its obligation to explain fully
A.
to the accused the consequences of his plea of guilt and the
(i) the Information does not conform to the prescribed form;
probable penalty that may be imposed upon him;
(ii) failure of the Information to allege time with sufficient
(iii) where the Information was amended but the accused was
definiteness;
arraigned on the original Information (Binabay vs People,
(iii) multiplicity of charges;
L-31008, January 30, 1971)
NOTE: The objection on multiplicity of charges can be made
before trial and not necessarily during the arraignment.
NOTE: Where the complaint or information is amended, the (iv) defects in the manner of his arrest;
accused should be arraigned on the amended information; but (v) the illegality of his arrest;
if the amended information was only as to matters of form, he NOTE: The waiver of an illegal warrantless arrest does not
need not be re-arraigned (People vs Casey, L-301146, 1981). also mean a waiver of the inadmissibility of evidence seized
during the illegal warrantless arrest.;
Q: Can a counsel enter a plea for the accused?

NOTE: Give the case of Pp vs Sale.
A: No. A counsel cannot enter a plea for the accused. A mere
(vi) violation of the right to preliminary investigation;
written motion or manifestation is not a valid plea. The ROC
(vii) violation of the constitutional right against unreasonable
explicitly requires that the accused must be present at the
searches and seizures;
arraignment and must personally enter his plea.
Q: What are the effects of absence or irregularity of
NOTE: Where all Complaints were in English and technical
Arraignment?
legal language, the same not having been translated to a
A:
language the accused understands, together with the lack of
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1. The absence of arraignment results in the nullity of the 8. Without a valid prior arraignment, the accused cannot
proceedings before the trial court invoke double jeopardy
CASES:
2. Generally, judgment is void if accused has not been
validly arraigned Enrile vs Sandiganbayan
3. Belated arraignment, such as that done only after the Crime/s: Plunder - ONE HUNDRED SEVENTY TWO
case has been submitted for decision, does not MILLION EIGHT HUNDRED THIRTY FOUR THOUSAND
FIVE HUNDRED PESOS (Php172,834,500.00)
necessarily violate the constitutional right of the
accused. Subsequent arraignment will cure the error Facts:
provided that the accused was able to present evidence On June 5, 2014, the Office of the Ombudsman filed an
and cross-examine the witnesses of the prosecution Information for plunder against Enrile, (Napoles and the
during trial PDAF / Priority Development Assistance Fund scam)
4. Arraignment must be made again in an amended I/C, before the Sandiganbayan (SB).
only where substantial amendments are made and not
Enrile motion to dismiss for lack of evidence on record to
mere formal amendments establish probable cause and ad cautelam motion for
bail; and a supplemental opposition to issuance of
5. Accused is presumed to have been validly arraigned in warrant of arrest and for dismissal of Information.
the absence of proof to the contrary, except when the
offense charged is punishable by death The SB heard both motions and denied Enrile’s motions
and ordered the issuance of warrants of arrest on the
plunder case against the accused. Enrile received a notice
6. Accused must personally appear during arraignment
of hearing informing him that his arraignment will be on
and enter his plea July 11, 2014.
7. Trial in absentia may be conducted only after valid Before the date of arraignment, Enrile filed a motion for
arraignment bill of particulars before the SB but the latter denied
Enrile’s motion essentially on the following grounds:
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1) the details that Enrile desires are “substantial for him.However, if the trial court’s denial of such motion
reiterations” of the arguments he raised in his is later reversed by a higher court, then the accused may
supplemental opposition to the issuance of warrant of manifest that he is changing his plea upon consideration
arrest and for dismissal of information; and of the bill of particulars submitted, which,by suppletory
application of the Rules of Civil Procedure, forms part of
(2) the details sought are evidentiary in nature and are the Information.14 It should be stressed that since a
best ventilated during trial. motion for bill of particulars is not an objection on the
sufficiency but on the vagueness of the Information, then
Enrile maintains that the denial was a serious violation of the Information remains valid. As there is no objection on
his constitutional right to be informed of the nature and the validity of the Information, then the arraignment and
cause of the accusation against him and alleges that he the plea entered during the proceedings whether by the
was left to speculate on what his specific participation in court or the accused should equally be deemed valid and
the crime of plunder had been. therefore, not set aside.
Issue:
W/N arraignment of Enrile should still proceed after filing People vs. Estomaca
bill of particulars
Ruling: Crime/s: 5 instances of rape

Yes
It is significant to point out that in a situation where the Facts:
accused has moved for a bill of particulars, but such The accused, Melchor Estomaca y Garque, an illiterate
motion is denied by the trial court, absent any restraining laborer, was charged guilty of five instances of rape of
order from the propercourt,the arraignment of the her daughter (Melita Estomaca). When he was arraigned,
accused should still proceed; otherwise, it would be fairly he pleaded guilty to all of the complaints against him.
easy for every accused to delay the proceedings against Eventually however, he informed the court that he was
him by the mere expedient of filing a motion for a bill of only guilty of two counts of rape, that the other three
particulars. Thus, the accused, on the scheduled date of might have been done by the victim’s boyfriend and he
arraignment, must enter a plea, and if he refuses upon was merely blamed for it.
his insistence for a bill of particulars, then, in accordance
with Section 1 (c), Rule 116 of the Rules of Criminal Since he was charged for a heinous crime, the case was
Procedure, the trial court shall enter a plea of not guilty elevated to Supreme Court, which found the arraignment
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process of the accused to be questionable. kinaray-a and the lower court conducted the arraignment
in Ilonggo.
Issue:
WON the arraignment was valid The bottom line of the rule is that a plea of guilt must be
based on a free and informed judgment. Thus, the
Ruling: searching inquiry of the trial court must be focused on:
No. Section 1(a) of Rule 116 requires that the (1) the voluntariness of the plea; and
arraignment should be made in open court by the judge (2) the full comprehension of the consequences of the
himself or by the clerk of court furnishing the accused a plea.
copy of the complaint or information with the list of
witnesses stated therein, then reading the same in the The questions of the trial court failed to show the
language or dialect that is known to him, and asking him questions that demonstrate appellants full
what his plea is to the charge. comprehension of the consequences of the plea. The
records do not reveal any information about the
The requirement that the reading be made in a language personality profile of the appellant which can serve as a
or dialect that the accused understands and known is a trustworthy index of his capacity to give a free and
mandatory requirement, just as the whole of said Section informed plea of guilt. The age, socio-economic status,
1 should be strictly followed by trial courts. This the law and educational background of the appellant were not
affords the accused by way of implementation of the plumbed by the trial court.
all-important constitutional mandate regarding the right
of an accused to be informed of the precise nature of the
accusation leveled at him and is, therefore, really an
avenue for him to be able to hoist the necessary defense People vs Alicando
in rebuttal thereof. It is an integral aspect of the due
process clause under the Constitution. Crime/s: Rape with Homicide
In the case at hand, the arraignment appears to have Facts:

consisted merely of the bare reading of the five Respondent Alicando was charged in an Information with
complaints, synthetically and cryptically reported in the the crime of rape with homicide of a 4-yo minor.
transcript. Moreover, the court found out that the
complaint or information was not read to the accused in The victim was seen by a neighbor in the house of the
the language known to him, as his local dialect was accused. The neighbor tried chatting with the girl but the
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accused closed the door. The curious neighbor then S1(a) R116 provides that the arraignment must be read
peeked, and saw that the accused was raping and to the
strangling the girl. The neighbor initially did not tell accused in a language or dialect known to him. The
anyone as she was shocked, but eventually told the importance of reading the complaint or
victim’s parents and the police of what she saw, and the information to the accused in the language or dialect
police then arrested the accused. known to him cannot be understated,
considering that the Philippines is a nation of diverse
After being arrested, he verbally confessed to the crime languages and dialects that many people
without counsel, and on the basis of such confession, often do not know Tagalog or English, the primary
interrogations and investigations were conducted and languages of the country. Corollary to the
evidences were recovered from the accused’s house, accused’s right to be informed, he must be able to
including the victim’s clothing. understand it in a language that is known to
him. It is necessary for the right to be informed to be
The autopsy revealed that the proximate cause of death considered.
was strangulation, consistent with the accused’s In this case, the records do not reveal that the
confession information was read to the accused in a language
or dialect known to him. The Information was written in
During arraignment, he pleaded guilty with the English, and it cannot be shown that
assistance of a PAO lawyer. The trial court found the the accused knows or understands English.
accused GUILTY and sentenced him to death While there is a presumption that the arraignment is
regularly conducted, the court cannot rely
This petition is an instant appeal is on automatic review on such presumption. The scanty transcript did not show
considering that death penalty is imposed. A new counsel that the information was read in the
for the accused replaced the old one, and the decision of language known to the accused. Given the gravity of the
the trial court is now assailed. penalty of death, the court cannot rely
on such presumption.
Issue: PLEA OF GUILT NULL AND VOID
W/N the accused was properly arraigned S3 R116 provides that when the accused pleads guilty to
a capital offense, the court shall
Ruling: conduct a searching inquiry to the voluntariness and full
NO
comprehension of the consequences of
The arraignment was not proper. his plea.
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SC said that the searching inquiry must be focused on: by means of threat and violence, did then and there,
1. Voluntariness of the plea unlawfully and feloniously, lie and succeeded in having
2. Full comprehension of the consequences of the plea sexual intercourse with his daughter.
In this case, the transcript provides that while the court
warned him that the imposable penalty Upon arraignment, Magat pleaded guilty but bargained
is mandatory death, he would also face some effects on for a lesser penalty for each case. Complainant's mother,
his civil rights. The trial court must explain Ofelia Limpoco Magat, and the public prosecutor, Rio
to the accused the elements of the crime alleged and the Espiritu agreedwith the plea bargain.
full consequences thereof. There was
even no records that the trial court even tried to know Hence, RTC found Antionio Magat guilty beyond
the personality profile of the accused reasonable doubt and sentenced him to a jail term of 10
such as his age, socio-economic status, and education. years of imprisonment for each.
The trial court merely warned him that
he might be sentenced to death with some effects on his After 3 months, the cases were revived at the instance of
civil rights. the complainant on the ground that the penalty imposed
was "too light." As a consequence, accused-appellant was
(Other issued involve evidence) rearraigned on both Informations on April 15, 1997
WHEREFORE, the case is REMANDED to the trial court for where he entered a plea of not guilty.
further proceedings
On July 3, 1997 accused-appellant entered a plea of
guilty. The court read to him the Informations in English
People vs. Magat and Tagalog and repeatedly asked whether he
understood his change of plea and propounded questions
Crime/s: Rape as to his understanding of the consequences of his plea.
Facts: RTC rendered judgment and sentenced Magat to death by

2 informations were filed against Antonio Magat y lethal injection for both cases.
Londonio for the crime of rape.
On Aug 14, 1994 and Sept. 1, 1996, during the 17th Accused-Appellants’ Arguments:
birthday of his daughter, Ann Fideli Magat, ● Magat appealed to SC contending that the trial
accused-appellant Antonio Magat with lewd designs, and court erred in re-arraigning and proceeding into
trial despite the fact that he was already convicted
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per Order of the trial court dated January 10, 1997 responsibility for the offense imputed to him.
based on his plea of guilt.
● He also argued that when the court rendered Hence, an accused may not foist a conditional plea of
judgment convicting him, the prosecution did not guilty on the court by admitting his guilt provided that a
appeal nor move for reconsideration or took steps certain penalty will be meted unto him.
to set aside the order. Consequently, the
conviction having attained finality can no longer Accused-appellant's plea of guilty is undoubtedly a
be set aside or modified even if the prosecution conditional plea. Hence, the trial court should have
later realizes that the penalty imposed was too vacated such a plea and entered a plea of not guilty for a
light. conditional plea of guilty, or one subject to the provision
● He likewise posit that the re-arraignment and trial that a certain penalty be imposed upon him, is
on the same information violated his right against equivalent to a plea of not guilty and would, therefore,
double jeopardy. require a full-blown trial before judgment may be
rendered.
Issue:
W/N the re-arraignment and trial violated Magat’s right In effect, the judgment rendered by the trial court which
against double jeopardy was based on a void plea bargaining is also void ab initio
and cannot be considered to have attained finality for the
Ruling: simple reason that a void judgment has no legality from
The January 10, 1997 order of the trial court convicting its inception. Thus, since the judgment of conviction
the accused-appellant on his own plea of guilt is void ab rendered against accused-appellant is void, double
initio on the ground that accused-appellant's plea is not jeopardy will not lie.
the plea bargaining contemplated and allowed by law
and the rules of procedure.
The only instance where a plea bargaining is allowed Section 2. Plea of guilty to a lesser offense. — At
under the Rules is when an accused pleads guilty to a arraignment, the accused, with the consent of the offended
lesser offense. party and the prosecutor, may be allowed by the trial court
to plead guilty to a lesser offense which is necessarily
Section 2, Rule 116 of Revised Rules of Court provides: included in the offense charged. After arraignment but
It is the essence of a plea of guilty that the accused before trial, the accused may still be allowed to plead
admits absolutely and unconditionally his guilt and
guilty to said lesser offense after withdrawing his plea of
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REMEDIAL LAW
not guilty. No amendment of the complaint or information alone (Sec. 1[f], Rules 116 of the ROC; SC Circular No. 1-89).
is necessary. (sec. 4, circ. 38-98)
Q. When is plea of guilt to a lesser offense not allowed?

A.
DOJ CIRCULAR NO. 027
(i) the fact of death of the victim for which the accused was
Q: What is plea bargaining? originally charged cannot be reconciled with the plea of guilty
A: Plea bargaining is a process whereby the accused and the to the lower offense of attempted homicide (Amatan vs Aujero,
prosecution work out a mutually satisfactory disposition of the 248 SCRA 511);
case subject to court approval. It usually involves the (ii) where the prosecution has already rested its case, it is
defendant’s pleading guilty to a lesser offense or to only one palpably erroneous for the trial court to allow the accused to
or some of the counts of multi-count indictment in return for a withdraw his plea of not guilty to the offense of murder and
lighter sentence than that for the graver charge. substitute the same with the plea of guilty to the lesser
offense of homicide (People vs Kayanan, G.R. No. L-30355, May
Q. When does an offense include or is included in another
31, 1978).
offense?
A. A lesser offense is necessarily included in the offense
Q. What is the effect of plea of guilty to a lesser offense on
charged when the essential ingredients of the former
the civil liability of the accused?
constitute or form part of those constituting the latter (Sec. 5,
A. The court may award damages corresponding to the offense
Rule 120 of the ROC). Examples are the crime of homicide is
charged (Mario Gevero vs Guihin Agricultural Dev’t. Corp., G.R.
necessarily included in murder, of theft in robbery, and of
122619, August 18, 2006)
simple seduction in qualified seduction.
Q. Is consent of the offended party required if the accused

Section 3. Plea of guilty to capital offense; reception of
would plea to a lesser offense?
evidence. — When the accused pleads guilty to a capital
A. Yes. However, if the offended party failed to appear in the
offense, the court shall conduct a searching inquiry into the
arraignment despite notice, the court may allow the accused to
voluntariness and full comprehension of the consequences
plead guilty to a lesser offense which is necessarily included in
of his plea and require the prosecution to prove his guilt
the offense charged with the conformity of the trial prosecutor
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REMEDIAL LAW
and the precise degree of culpability. The accused may accused of his right to counsel and ask him if he desires to
present evidence in his behalf. (3a) have one. Unless the accused is allowed to defend himself
in person or has employed a counsel of his choice, the court
Q. If an accused plead guilty to a capital offense, is the
must assign a counsel de oficio to defend him. (6a)
prosecution still required to present evidence to prove the
guilt of the accused? Q. What are the four-fold pre-arraignment duties of the
A. Yes in order to preclude any room for reasonable doubt in judge?
the mind of the trial court (People vs Derilo, 271 SCRA 633) A.
(i) to inform the accused that he has the right to have his own
counsel before being arraigned;
Section 4. Plea of guilty to non-capital offense; reception of (ii) after giving such information, to ask the accused whether
evidence, discretionary. — When the accused pleads guilty he desires the aid of counsel;
to a non-capital offense, the court may receive evidence (iii) if he so desires, the court must grant him reasonable time
from the parties to determine the penalty to be imposed. to do so; and
(4) (iv) if he so desires but he is unable to employ one, the court
must assign a counsel de oficio to defend him (People vs
Agbayani, 284 SCRA 2840
Section 5. 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 Section 7. Appointment of counsel de oficio. — The court,
withdrawn and be substituted by a plea of not guilty. (5) considering the gravity of the offense and the difficulty of
the questions that may arise, shall appoint as counsel de
Q. Can plea of not guilty be withdrawn?
oficio only such members of the bar in good standing who,
A. Yes. The Rules are silent on the matter but this must be
by reason of their experience and ability, can competently
done before promulgation of judgment (Regalado, Vol. 2, 9th
defend the accused. But in localities where such members
ed., p. 408)
of the bar are not available, the court may appoint any
Section 6. Duty of court to inform accused of his right to person, resident of the province and of good repute for
counsel. — Before arraignment, the court shall inform the probity and ability, to defend the accused. (7a)
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REMEDIAL LAW
Section 9. Bill of particulars. — The accused may, before
arraignment, move for a bill of particulars to enable him
Section 8. Time for counsel de oficio to prepare for
properly to plead and to prepare for trial. The motion shall
arraignment. — Whenever a counsel de oficio is appointed
specify the alleged defects of the complaint or information
by the court to defend the accused at the arraignment, he
and the details desired. (10a)
shall be given a reasonable time to consult with the
accused as to his plea before proceeding with the
arraignment. (8)
Q. What is a bill of particulars?
A. A bill of particulars is a pleading which provides for a more
definite statement of the allegations in the complaint or
A.M. No. 15-06-10-SC | REVISED GUIDELINES FOR information found to be vague or ambiguous to enable the
CONTINUOUS TRIAL OF CRIMINAL CASES III.3 accused to properly plead and prepare for trial. The only
III.PROCEDURE question to be resolved is whether or not the allegation of the
complaint or information are averred with sufficient
3. Free Legal Assistance definiteness or particularity to enable the movant to properly
If a party fails to qualify for the availment of the services prepare his responsive pleading and prepare for trial (Tantuico
of the Public Attorney's Office, the Integrated Bar of the vs Republic, 204 SCRA 428).
Philippines Local Chapter shall provide free legal
assistance to said party. For this purpose, the IBP Local Q. Give examples when bill of particulars is proper?
Chapter shall submit to the Executive Judges a list of A.
IBP-local lawyers who may be appointed by the courts to (i) when the complaint or information fails to allege the time
act as counsel de officio in such cases. The lists shall be of commission of the offense with sufficient definiteness
disseminated among all the trial courts in the station. (People vs Elpedes, 350 SCRA 712);
(ii) when the allegations in the complaint or information are
vague and ambiguous (Dans Jr. vs People, 285 SCRA 504);
(iii) when the allegations in the complaint or information are
Q. Who is a counsel de oficio? Does it refer to PAO only? mere conclusions of law (Tantuico vs Republic, 204 SCRA 428).
A. No
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REMEDIAL LAW
Q. If the prosecution fails to correct the complaint or the prosecution or other investigating officers, as well as
information based on the order of bill of particulars, what any designated documents, papers, books, accounts,
is your remedy? letters, photographs, objects or tangible things not
A. Move to quash the information. otherwise privileged, which constitute or contain evidence
material to any matter involved in the case and which are
Q. On what ground? in the possession or under the control of the prosecution,
A. The complaint or information does not conform police, or other law investigating agencies. (11a)
substantially to the prescribed form (People vs Gianan, 340
SCRA 477)
NOTE: This section is similar to Rule 27 of the Rules of Civil
Q. If the prosecution would comply with the order of bill of Procedure.
particulars, how or what are the modes of compliance? Q. What are the requisites for the issuance of an order by
A. the court based on Sec. 10?
(i) by filing and serving a bill of particulars containing the A. (i) there must be a motion showing good cause therefor; (ii)
statement sought for, which bill becomes part of the complaint the documents must constitute or contain evidence material to
or information; the case; (iii) the documents must be in the possession of the
(ii) by amending the original complaint or information and prosecution, police, or other law investigating agencies
indicating therein the amendments by appropriate marks.
CASE:
Cruz Jr. vs People

Section 10. Production or inspection of material evidence in
possession of prosecution. — Upon motion of the accused Crime/s: R.A. No. 3019 or Anti Graft and Corruption/
showing good cause and with notice to the parties, the Estafa
court, in order to prevent surprise, suppression, or
(e) Causing any undue injury to any party, including the
alteration, may order the prosecution to produce and Government, or giving any private party any unwarranted
permit the inspection and copying or photographing of any benefits, advantage or preference in the discharge of his
written statement given by the complainant and other official administrative or judicial functions through manifest
witnesses in any investigation of the offense conducted by partiality, evident bad faith or gross inexcusable negligence.
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REMEDIAL LAW
This provision shall apply to officers and employees of offices the prosecution to proceed under the existing
or government corporations charged with the grant of licenses Information in Criminal Case No. 14252. Petitioner thus
or permits or other concessions. filed with respondent Sandiganbayan (First Division) an
Omnibus Motion to Quash the Information, which was
Facts: denied for lack of merit. Hence, petitioner filed the
The Government Service Insurance System (the GSIS, for instant petition.
short) filed two separate criminal complaints against
petitioner Roman A. Cruz, Jr., a former public official who
used to be the President and General Manager of the Issue:
GSIS and, also, the President of the Manila Hotel, for WON petitioner’s prayer for the production of the record/
violation of Section 3(e) of R.A. No. 3019, as amended. evidence in order for him to prepare his defense is valid
As a result of the filing of two informations with Ruing:

respondent Sandiganbayan involving the same accused YES.
(herein petitioner) and the same set of facts, Criminal
Case No. 14252 was consolidated with Criminal Case No. Petitioner’s prayer for the production of the record is
14134 which was pending before the First Division of intended not only for proper observance of the
respondent Sandiganbayan. Respondent Sandiganbayan, constitutional requirement that probable cause be
however, remanded the consolidated cases against
petitioner to the Office of the Ombudsman for determined personally by the judge, but also to enable
reinvestigation. him to examine the evidence and prepare his defenses
and for trial.ce
During the preliminary investigation conducted anew by
the Office of the Ombudsman, petitioner submitted his Public respondents contend that the production of the
counter-affidavit and supporting documents. After the record of the preliminary examination is not necessary
completion of said investigation, Prosecutor Leonardo P.
since petitioner can always resort to any of the modes of
Tamayo of the Office of the Ombudsman prepared a
Resolution, which recommended the withdrawal of the discovery available to an accused under the Rules of
Information in Criminal Case No. 14252. Court, specifically citing Section 11 of Rule 116, which
provides:
Respondent Ombudsman, however, despite the above
recommendation of the investigating prosecutor ordered Sec. 11. Production or inspection of material
113
REMEDIAL LAW
evidence in possession of prosecution. - On defense for this purpose, with notice to all parties.
motion of the accused showing good cause
It is true that the granting of permission lies within the
and with notice to all parties, the court, in
discretion of the court. However, respondent court in
order to prevent surprise, suppression, or this case has failed to sufficiently justify its refusal to
alteration, may order the prosecution to have the records of the preliminary investigation
produce and permit the inspection and produced before it so that petitioner may use them for
copying or photographing, of any written his defense, either in its resolutions denying
statements given by the complainant and petitioner’s Omnibus Motion and Motion for
Reconsideration, or in the pleadings and Memorandum
other witnesses in any investigation of the
filed by herein respondents before this Court.
offense conducted by the prosecution or any
Consequently, we find no reason to deny petitioner the
other investigating officers, as well as of any right to avail of such mode of discovery. If only for the
designated documents, papers, books, reason that petitioner should be given the opportunity
accounts, letters, photographs, objects or to inspect the evidence presented during the
tangible things, not otherwise privileged, preliminary investigation solely for the purpose of
which constitute or contain evidence material enabling him to prepare for his defense and for trial,
this questioned resolution of respondent
to any matter involved in the case, and which
Sandiganbayan should be modified.
are in the possession or under the control of
chanrobles
the prosecution, the police, or any other law WHEREFORE, the resolutions appealed from are hereby
investigating agencies. AFFIRMED, with the modification that respondent
Ombudsman is DIRECTED to produce the pertinent
This rule refers to the right of the accused to move for records of the preliminary investigation before the
production or inspection of material evidence in the Sandiganbayan at the proper juncture of the proceedings
possession of the prosecution. It authorizes the defense therein and on sufficient justification.
to inspect, copy or photograph any evidence of the
prosecution in its possession after obtaining the
permission of the court. A motion showing good reasons
for the granting of the permission must be filed by the
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REMEDIAL LAW
Section 11. Suspension of arraignment. — Upon motion by 338 SCRA 511)
the proper party, the arraignment shall be suspended in the
following cases: Q. When is an accused of unsound mind?
A. If it would render the accused unable to fully understand
(a) The accused appears to be suffering from an unsound
the charge against him and to plead intelligently thereto.
mental condition which effective renders him unable to
fully understand the charge against him and to plead
Q. What should the court do if its finds that the accused is
intelligently thereto. In such case, the court shall order his
of unsound mind?
mental examination and, if necessary, his confinement for
A. The court must suspend the arraignment and order the
such purpose;
mental examination of the accused, and if confinement be
(b) There exists a prejudicial question; and necessary for examination, order such confinement and
examination.
(c) A petition for review of the resolution of the prosecutor
is pending at either the Department of Justice, or the Office
Q. If a petition for review was filed before the DOJ, should
of the President; provided, that the period of suspension
the trial court defer the arraignment?
shall not exceed sixty (60) days counted from the filing of
A. Yes but only for a period of 60 days from the date of filing
the petition with the reviewing office. (12a)
of the petition before the DOJ.
Q. What are grounds for suspension of arraignment?
People vs Estrada
Q. What are the periods of suspension of arraignment?
A. Crime/s: Murder
(i) under par. a of Sec. 11, Rule 116 – until the accused
recovers his mental faculties Facts:
(ii) under par. b of Sec. 11, Rule 116 – the suspension shall This is an automatic review of the death penalty imposed
last until the termination of the civil action on accused appellant by the Regional Trial Court
(iii) under par. c of Sec. 11, Rule 116 – the suspension shall
not exceed 60 days (Solar Team Entertainment, Inc. vs How, In an Information dated December 29, 1994,
115
REMEDIAL LAW
Accused-appellant Roberto Estrada y Lopez was charged appellant on the ground of mental condition is valid
with the crime of murder for the killing of one Rogelio P.
Ruling:
Mararac, a security guard.
NO.
On or about the 27th day of December 1994 in the City of
Dagupan, Philippines, the above-named accused,
The fact that accused-appellant was able to answer the
ROBERTO ESTRADA Y LOPEZ, being then armed with a
questions asked by the trial court is not conclusive
butcher’s knife, with intent to kill one ROGELIO P.
evidence that he was competent enough to stand trial
MARARAC with treachery and committed in a holy place
and assist in his defense. Section 12, Rule 116 speaks of
of worship, did then and there, wilfully, unlawfully and
an unsound mental condition that "effectively renders
criminally, attack, assault and use personal violence upon
[the accused] unable to fully understand the charge
the latter by stabbing him, hitting him on vital parts of
against him and to plead intelligently thereto." It is not
his body with the said weapon, thereby causing his death
clear whether accused-appellant was of such sound mind
shortly thereafter.
as to fully understand the charge against him. It is also
not certain whether his plea was made intelligently. The
At the arraignment, Accused-appellant’s counsel, the
plea of "not guilty" was not made by accused-appellant
Public Attorney’s Office, filed an "Urgent Motion to
but by the trial court "because of his refusal to plead."
Suspend Arraignment and to Commit Accused to
Psychiatric Ward at Baguio General Hospital." It was
The trial court took it solely upon itself to determine the
alleged that accused-appellant could not properly and
sanity of Accused-Appellant. The trial judge is not a
intelligently enter a plea because he was suffering from a
psychiatrist or psychologist or some other expert
mental defect; that before the commission of the crime,
equipped with the specialized knowledge of determining
he was confined at the psychiatric ward of the Baguio
the state of a person’s mental health. To determine the
General Hospital in Baguio City. He prayed for the
accused-appellant’s competency to stand trial, the court,
suspension of his arraignment and the issuance of an
in the instant case, should have at least ordered the
order confining him at the said hospital.
examination of accused-appellant, especially in the light
Issue: of the latter’s history of mental illness.
WON the suspension for arraignment file by the accused
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REMEDIAL LAW
If the medical history was not enough to create a condition. The Motion for Suspension is authorized under
reasonable doubt in the judge’s mind of Section 12, Rule 116 of the 1985 Rules on Criminal
accused-appellant’s competency to stand trial, Procedure.
subsequent events should have done so. One month after
the prosecution rested its case, the Jail Warden of SECTION 12. Suspension of arraignment. — The
Dagupan City wrote the trial judge informing him of arraignment shall be suspended, if at the time thereof:
accused-appellant’s unusual behavior and requesting that
he be examined at the hospital to determine whether he (a) The accused appears to be suffering from an unsound
should remain in jail or be placed in some other mental condition which effectively renders him unable to
institution. The trial judge ignored this letter. One year fully understand the charge against him and to plead
later, Accused-appellant’s counsel filed a "Motion to intelligently thereto. In such case, the court shall order
Confine Accused for Physical, Mental and Psychiatric his mental examination and, if necessary, his
Examination." Attached to this motion was a second confinement for such purpose.
letter by the new Jail Warden of Dagupan City
accompanied by a letter-complaint of the members of the (b) . . The arraignment of an accused shall be suspended
Bukang Liwayway Association of the city jail. Despite the if at the time thereof he appears to be suffering from an
two (2) attached letters, 81 the judge ignored the unsound mental condition of such nature as to render
"Motion to Confine Accused for Physical, Mental and him unable to fully understand the charge against him
Psychiatric Examination." The records are barren of any and to plead intelligently thereto. Under these
order disposing of the said motion. The trial court instead circumstances, the court must suspend the proceedings
ordered accused-appellant to present his evidence. and order the mental examination of the accused, and if
confinement be necessary for examination, order such
Accused-appellant’s history of mental illness was brought confinement and examination. If the accused is not in full
to the court’s attention on the day of the arraignment. possession of his mental faculties at the time he is
Counsel for accused-appellant moved for suspension of informed at the arraignment of the nature and cause of
the arraignment on the ground that his client could not the accusation against him, the process is itself a felo de
properly and intelligently enter a plea due to his mental se, for he can neither comprehend the full import of the
117
REMEDIAL LAW
charge nor can he give an intelligent plea thereto. land situated in Imus, Cavite, and acquired it from Juanito
Tan Teng (Juanito) and Po Willie Yu (Po). Relying on the
The determination of whether a sanity investigation or representations, PBI purchased the questioned lot.
hearing should be ordered rests generally in the
Later, PBI discovered that respondent and his mother did
discretion of the trial court. Mere allegation of insanity not have a valid title over the subject lot, and it was
is insufficient. There must be evidence or circumstances never sold to them by Juanito and Po. As a result thereof
that raise a "reasonable doubt" or a "bona fide doubt" as PBI was ousted from the possession of the disputed lot.
to defendant’s competence to stand trial. Among the
factors a judge may consider is evidence of the PBI demanded from respondent and his mother to return
defendant’s irrational behavior, history of mental illness the amount of P 13,369,641.79 alleged to have been
initially paid but to no avail.
or behavioral abnormalities, previous confinement for
mental disturbance, demeanor of the defendant, and Respondent filed an action for Injunctive Relief against
psychiatric or even lay testimony bearing on the issue of PBI and other defendants and sought a declaration that
competency in a particular case. he was merely an agent of his mother and therefore was
not under any obligation to PBI and other defendants on
WHEREFORE, for lack of merit, the Urgent Motion to the various transactions.
Suspend Arraignment and to Commit Accused to
Later, PBI filed against respondent and his mother a
Psychiatric Ward at Baguio General Hospital, is hereby complaint for Damages and Attachment. However,
DENIED. respondent filed a motion to dismiss on the ground of
forum shopping and the pendency of the action for
Injunctive Relief.
People vs. Consing
A criminal case for estafa through falsification of public
Crime/s: Estafa through falsification of Public document document was filed against respondent and his mother.
Respondent, however, filed a motion to defer arraignment
Facts: on the ground of prejudicial question.
Respondent Raphael Jose Consing Jr and his mother,
Cecilia de la Cruz, represented to Plus Builders, Inc. (PBI)
that they are the true and lawful owner of a parcel of Issue
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REMEDIAL LAW
Whether or not the pendency of an action for Injunctive would justify the suspension of the proceedings in the
Relief, and for Damages and Attachment is a prejudicial criminal case.
question justifying the suspension of the proceedings in
the criminal case WHEREFORE, in view of all the foregoing, the instant
petition is GRANTED.
Ruling
No.
RULE 117- Motion to Quash
A prejudicial question is defined as that which arises in a
case, the resolution of which is a logical antecedent of Section 1. Time to move to quash. — At any time before
the issue involved therein, and the cognizance of which entering his plea, the accused may move to quash the
pertains to another tribunal. The prejudicial question complaint or information. (1)
must be determinative of the case before the court but
the jurisdiction to try and resolve the question must be Q. What is a motion to quash?
lodged in another court or tribunal. It is a question based A. A motion to quash is a motion requesting that a criminal
on a fact distinct and separate from the crime but so
complaint or information be dismissed on grounds specified by
intimately connected with it that it determines the guilt
or innocence of the accused. For a civil action to be law or rule. The right to move to quash belongs to the
considered prejudicial to a criminal case as to cause the accused. The judge cannot motu propio initiate a motion to
suspension of the criminal proceedings until the final quash because the motion to quash contemplates an initial
resolution of the civil action, the following requisites action that should come from the accused.
must be present:
(1) the civil case involves facts intimately related to Q. Can an accused move to quash the complaint or
those upon which the criminal prosecution would be
based; information after arraignment?
(2) in the resolution of the issue or issues raised in the A. As a general rule, the motion to quash must be filed before
civil action, the guilt or innocence of the accused would arraignment. The exceptions are those provided under Sec. 9,
necessarily be determined; and Rule 117 of the ROC, to wit:
(3) jurisdiction to try said question must be lodged in (i) failure to charge an offense;
another tribunal. (ii) lack of jurisdiction over the offense charged;
(iii) extinction of the offense or penalty; and
In the case at bar, we find no prejudicial question that
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REMEDIAL LAW
(iv) double jeopardy (Marcos vs Sandiganbayan, 326 SCRA Section 2. Form and contents. — The motion to quash shall
473) be in writing, signed by the accused or his counsel and
shall distinctly specify its factual and legal grounds. The
court shall consider no ground other than those stated in
LOS BANOS vs PEDRO the motion, except lack of jurisdiction over the offense
charged. (2a)
Crime/s: Illegal possession of firearm
Q. Is there a need to file a written motion to quash?
Facts: A. Yes under Sec. 2, Rue 117 of the ROC.
Petitioners Ariel M. Los Baños on behalf of Victor Arevalo, Q. Should it be set for hearing?
Marcial Olympia, Rocky Mercene and Raul Adlawan Joel A. Yes. Thus, Sec. 2, Rule 117 of the ROC prohibits an oral
R. Pedro respondents summary Joel Pedro was caught
motion to quash.
illegally carrying a firearm without a written permit from
COMELEC at a checkpoint at Boac, Marinduque a day NOTE: The sentence in Sec. 2, Rule 117 that “the court shall
before the May 14, 2001 national and local elections consider no ground other than those stated in the motion” is
(there was a gun ban). Pedro says that he has a “permit” called the “OMNIBUS MOTION RULE” (People vs Nitafan, 302
from COMELEC. RTC quashed the Info and asked the SCRA 424).
petitioners to return the items seized from Pedro. Los
Baños asked RTC to reopen the case. Pedro moved for the
Q. What is the “omnibus motion rule”?
reconsideration of the RTC’s order primarily based on
Section 8 of Rule 117, arguing that the dismissal had A. Other than the grounds stated in the motion, the court
become permanent. SC finds the petition meritorious and cannot take cognizance of those grounds not so pleaded in the
hold that the case should be remanded to the trial court motion; hence, those grounds not so pleaded in the motion are
for arraignment and trial. deemed waived on the part of the accused.
Issue: Q. Is there any exception to the omnibus motion rule under

Sec. 2, Rule 117 of the ROC?
Ruling: A. Yes. The exception is – if the ground is lack of jurisdiction
over the offense charged.
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NOTE: Although a motion to quash should be resolved solely (h) That it contains averments which, if true, would
on the allegations contained in the information, additional constitute a legal excuse or justification; and
facts admitted or not denied by the prosecution in the hearing
(i) That the accused has been previously convicted or
of the motion may be invoked to support the quashal of the
acquitted of the offense charged, or the case against him
information (People vs de la Rosa, 98 SCRA 190).
was dismissed or otherwise terminated without his express
Section 3. Grounds. — The accused may move to quash the consent. (3a)
complaint or information on any of the following grounds:
Q. What are the grounds of a motion to quash?
A.
(a) That the facts charged do not constitute an offense; (i) no offense charged;
(ii) lack of jurisdiction over the offense;
(b) That the court trying the case has no jurisdiction over
(iii) lack of jurisdiction over the person of the accused; (iv) lack
the offense charged;
of authority of the officer who filed the information; (v) failure
(c) That the court trying the case has no jurisdiction over to conform to the prescribed form;
the person of the accused; (vi) duplicity of offense; (vii) extinction of criminal action or
liability;
(d) That the officer who filed the information had no
(viii) information containing legal excuse or justification;
authority to do so;
(ix) double jeopardy (Sec. 3, Rule 117 of the ROC)
(e) That it does not conform substantially to the prescribed
form; Q. What is the test in determining that the facts charged do
not constitute an offense?
(f) That more than one offense is charged except when a
A. The test is – whether the facts averred, if hypothetically
single punishment for various offenses is prescribed by law;
admitted, would establish the essential elements of the crime
(g) That the criminal action or liability has been defined in the law (Domingo vs Sandiganbayan 322 SCRA 664)
extinguished;
Q. Can the court consider evidence aliunde in resolving the

motion to quash based on this ground?
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A. No. case. It is determined by the allegations in the complaint or
information (Uy vs CA, 276 SCRA 367)
Q. What is the sole ground that the court may consider
even if not alleged in a motion to quash? Q. How about territorial jurisdiction?
A. Lack of jurisdiction over the offense charged. This ground A. It is determined when the allegations in the complaint or
may be raised at any stage of the proceedings (Cudia vs CA, information show that the offense or any of its essential
284 SCRA 173). ingredients happened at a place within the jurisdiction of the
court.
Q. Can the court on its own motion dismiss the complaint
or information on the ground that it has no jurisdiction Q. Is venue in criminal cases jurisdictional?
over the offense charged? A. Yes because it is an essential element of jurisdiction
A. Yes (This presupposes that there is a motion to quash that (Agbayani vs Sayo, 89 Phil. 699). The specific crime charged
was filed and this ground was not pleaded therein.) must in fact have been committed at a place within the
jurisdiction of the court (People vs Ferolino, 329 SCRA 719).
Q. What are the requisites for the court to acquire
jurisdiction over the offense charged? Q. How is jurisdiction over the person of the accused
A. acquired?
(i) the offense charged is one which the court has been A.
conferred by law to take cognizance of the case also known as (i) by his lawful arrest;
“jurisdiction over the offense”; (ii) by his voluntary surrender
(ii) the offense must have been committed within its territorial
jurisdiction also known as “territorial jurisdiction” (Cruz vs CA, Q. If the accused entered a plea on arraignment without
388 SCRA 72) invoking his right to question any irregularity which might
have accompanied his arrest, did the court acquire
Q. How is “jurisdiction over the offense” acquired and jurisdiction over his person?
determined? A. Yes. He voluntarily submitted himself to the jurisdiction of
A. It is acquired by law, i.e., once the complaint or information the court and any objection, defect or irregularity attending his
is filed in a court that is empowered to take cognizance of the arrest should be made before he enters his plea (People vs
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Conde, 356 SCRA 415). Rule 112 of the ROC)
NOTE: As a rule, one who files a motion to the court is deemed (ii) chief state prosecutor (now prosecutor general) (Sec. 2,
to have submitted to the jurisdiction of the court (Miranda vs Rule 112 of the ROC)
Tuliao, G.R. 158763, March 31, 2006). (iii) ombudsman or his deputies
However, if the purpose of the motion is precisely to avoid the (iv) national and regional state prosecutor (now regional
jurisdiction of the court, then the accused is not deemed to prosecutor) (Sec. 2, Rule 112 of the ROC)
have submitted to the jurisdiction of the court. This is what we (v) comelec in election offenses (Sec. 6[2], Art. IX, Constitution)
call as “SPECIAL APPEARANCE” in a (vi) special counsels designated by the SOJ under Sec. 1686 of
(i) motion to quash the complaint on the ground of lack of the Revised Administrative Code
jurisdiction over the person of the accused; and
(ii) motion to quash a warrant of arrest (Miranda vs Tuliao, G.R. Q. Is lack of authority waivable?
158763, March 31, 2006). A. No. An information required to be filed by a prosecuting
officer cannot be filed by another. IT MUST BE EXHIBITED OR
Q. If the accused filed a motion to quash based on two PRESENTED BY THE PROSECUTING ATTORNEY OR SOMEONE
grounds: AUTHORIZED BY LAW. IF NOT, THE COURT DOES NOT
(i) lack of jurisdiction over his person; and ACQUIRE JURISDICTION (People vs Garfin, G.R. 153176, March
(ii) no offense charged, did the court acquire jurisdiction 29, 2004). ANY INFIRMITY IN THE INFORMATION SUCH AS
over his person? LACK OF AUTHORITY OF THE OFFICER SIGNING IT CANNOT
A. Yes. The rule is – if the accused objects to the jurisdiction of BE CURED BY SILENCE, ACQUIESCENCE OR EVEN BY EXPRESS
the court over his person, he may move to quash the CONSENT (Cudia vs CA, 284 SCRA 173).
information but only on that ground. If he raises other
grounds, he is deemed to have waived that objection and to Q. Where can you find the formal and substantial
have submitted his person to the jurisdiction of the court requirements of a complaint or information?
(Larranaga vs. CA, 287 SCRA 581) A. Secs. 3 to 13, Rule 110 of the ROC NOTE: The accused’s
failure to invoke a formal defect in the information through a
Q. Who files the information in court? motion to quash is deemed a waiver of such objection (People
A. vs Elpedes, 350 SCRA 712).
(i) provincial or city prosecutor and their assistants (Sec. 2,
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Q. What is the general rule on duplicity of offenses as a
ground of a motion to quash?
CASE:
A. The complaint or information must charge only one offense.
Enrile vs. Manalastas

Q. Is there any exception?
A. Yes, in complex crimes. Q. What are the grounds or Crime/s: Frustrated Homicide and Less Serious Physical
reasons for extinction of criminal action or liability? Injuries
A.
(i) prescription of offense; and Facts:
(ii) pardon in private crimes The mauling incident involving neighbors end up with filing
of criminal case in the MTC for frustrated homicide and less
serious physical injuries. Petitioners moved for the
Q. Where can you find the laws on prescription of offenses? reconsideration of the joint resolution, arguing that the
A. Arts. 89 of the RPC complainants had not presented proof of their having been
given medical attention lasting 10 days or longer, thereby
Q. What are the rules on pardon of private crimes? rendering their charges of less serious physical injuries
dismissible; and that the two cases for less serious physical
A. see notes in Sec. 5, Rule 110 of the ROC. injuries, being necessarily related to the case of frustrated
homicide still pending in the Office of the Provincial
Q. What are the circumstances that would constitute a legal Prosecutor, should not be governed by the Rules on
excuse or justification under Sec. 3(h), Rule 117 of the Summary Procedure. The MTC denied the petitioners’
motion for reconsideration because the grounds of the
ROC?
motion had already been discussed and passed upon in the
A. They are justifying and exempting circumstances under Arts. resolution sought to be reconsidered; and because the
11 & 12, RPC and Art. 332, RPC cases were governed by the Rules on Summary Procedure,
which prohibited the motion for reconsideration. Thereafter,
Q. Is the enumeration of the grounds for a motion to quash the petitioners presented a manifestation with motion to
the complaint or information exclusive in character? quash and a motion for the deferment of the arraignment.
A. Yes. No other ground to quash the complaint or information The MTC denied the motion to quash, and ruled that the
shall be entertained. cases for less serious physical injuries were covered by the
rules on ordinary procedure; and reiterated the arraignment
previously scheduled.
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(d) the officer who filed the information had no authority
Unsatisfied, the petitioners commenced a special civil to do so;
action for certiorari assailing the order of the MTC in the (e) the complaint or information does not conform
RTC. RTC Judge Manalastas dismissed the petition for substantially to the prescribed form;
certiorari. The petitioners moved for the reconsideration, (f) more than one offense is charged except when a
but the RTC denied their motion. single punishment for various offenses is prescribed by
law;
The petitioners next went to the CA via a petition for (g) the criminal action or liability has been extinguished;
certiorari and prohibition to nullify the orders issued by the
(h) the complaint or information contains averments
RTC, averring grave abuse of discretion amounting to lack
which, if true, would constitute a legal excuse or
or excess of jurisdiction. They urged the dismissal of the
criminal cases on the same grounds they advanced in the justification; and (i) the accused has been previously
RTC. The CA dismissed the petition for certiorari and convicted or acquitted of the offense charged, or the case
prohibition for being the wrong remedy. against him was dismissed or otherwise terminated
without his express consent.
Issue:
WON the Quashal of Motion of the Information filed in the In the context of Section 6, Rule 110 of the Rules of
MTC is valid Court, the complaints sufficiently charged the petitioners
with less serious physical injuries. Indeed, the complaints
Ruling: only needed to aver the ultimate facts constituting the
No. offense, not the details of why and how the illegal acts
allegedly amounted to undue injury or damage, for such
The motion to quash is the mode by which an accused, matters, being evidentiary, were appropriate for the trial.
before entering his plea, challenges the complaint or Hence, the complaints were not quashable.
information for insufficiency on its face in point of law, or
for defects apparent on its face. Section 3, Rule 117 of
the Rules of Court enumerates the grounds for the Section 4. Amendment of the complaint or information. — If
quashal of the complaint or information, as follows:
(a) the facts charged do not constitute an offense; the motion to quash is based on an alleged defect of the
(b) the court trying the case has no jurisdiction over the complaint or information which can be cured by
offense charged; amendment, the court shall order that an amendment be
(c) the court trying the case has no jurisdiction over the made. (4a)
person of the accused;
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If it is based on the ground that the facts charged do not jurisdiction (Lalican vs Vergara, 276 SCRA 518). In such a case,
constitute an offense, the prosecution shall be given by the a motion for reconsideration must first be filed to give the trial
court an opportunity to correct the defect by amendment. court an opportunity to correct its error (Lee vs People, 393
The motion shall be granted if the prosecution fails to SCRA 397).
make the amendment, or the complaint or information still
Q. Differentiate Sec. 4, Rule 117 from Sec. 5, Rule 117.
suffers from the same defect despite the amendment. (n)
A. In Sec. 4, Rule 117 - MTQ is denied and the court orders an
Q. What defects are curable by amendment? amendment of the information/complaint In Sec. 5, Rule 117 -
A: (i) facts charged do not constitute an offense; and MTQ is granted and the court orders that a new
information/complaint be filed.
(ii) the information does not conform substantially to the
prescribed form CASE:
Q. If a motion to quash is filed against a complaint or People vs. Andrade

information which may be cured by amendment, what
should the trial court do? Crime/s: Violation of Comprehensive Drugs Act or RA
9165
A. The court should deny the motion to quash then proceed in
accordance with Sec. 4, Rule 117 of the ROC. If the prosecutor Facts:
fails to make the amendment, it is only then that the motion Pursuant to the instructions of then Director of the
to quash will be granted and the case will be dismissed Bureau of Corrections, Dionisio R. Santiago, on June 30,
2003, a random drug test was conducted in the National
(People vs Garcia, 281 SCRA 463).
Bilibid Prison (NBP) wherein the urine samples of
Q. What is the proper remedy if the motion to quash is thirty-eight (38) inmates were collected and subjected to
denied? drug testing by the Chief Medical Technologist and
Assistant Medical Technologist of the Alpha Polytechnic
A. The proper remedy is to go to trial without prejudice to Laboratory in Quezon City, and out of that number,
reiterating the special defenses involved in said motion, and twenty-one (21) urine samples tested positive. After
not certiorari, prohibition or mandamus (Lee vs People, 393 confirmatory tests doneby the NBI Forensic Chemistry
SCRA 397) unless there are special circumstances clearly Division, those twenty-one (21) urine samples, which
demonstrating that the court acted without or in excess of included that of herein respondents, yielded positive
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results confirming the result of the initial screen test. Ruling:
Necessarily, the twenty-one (21) inmates were charged YES
with violation of Section 15, Article II of Republic Act No.
9165 (RA 9165) under identical Informations, All
The RTC judge went beyond her authority when she
respondents pleaded "Not Guilty" to the crime charged
during their arraignment on June 29, 2006. Thereafter, dismissed the cases based on lack of probable cause and
the case was set for pre-trial and trial on August 11, not on the ground raised by respondents. Section 2,16
2006.5 On August 29, 2006, respondents filed a Rule 117 of the Revised Rules on Criminal Procedure
Consolidated Motion to Dismiss on the ground that the plainly states that in a motion to quash, the court shall
facts alleged in the Information do not constitute a not consider any ground other than those stated in the
violation of Section 15, RA 9165 The Regional Trial Court motion, except lack of jurisdiction over the offense
(RTC) of Muntinlupa, before the scheduled hearing date
for pre-trial and trial, issued an Order 9 granting charged. In the present case, what the respondents claim
respondents' Consolidated Motion to Dismiss. in their motion to quash is that the facts alleged in the
WHEREFORE, finding no probable cause for the offense Informations do not constitute an offense and not lack of
charged in the Information these cases are ordered probable cause as ruled by the RTC judge. The RTC
DISMISSED with costs de officio. The CA affirmed the trial judge's determination of probable cause should have
court's Order PETITIONER: the CA erred because been only limited prior to the issuance of a warrant of
respondents had lost the remedy under Section 3(a), Rule
arrest and not after the arraignment. Once the
117 of the Rules of Court having been already arraigned
before availing of the said remedy. RESPONDENTS: the information has been filed, the judge shall then
CA is correct in upholding the RTC's decision dismissing "personally evaluate the resolution of the prosecutor and
the Informations filed against them. They claim that its supporting evidence"17 to determine whether there is
since the ground they relied on is Section 3(a), Rule 117 probable cause to issue a warrant of arrest. At this stage,
of the Rules of Court, their motion to quash may be filed a judicial determination of probable cause exists.18 In
even after they have entered their plea
People v. Castillo and Mejia,19 this Court has stated:
Issue: There are two kinds of determination of probable cause:
WON CA erred in upholding the RTC's grant of executive and judicial. The executive determination of
respondents' motion and eventually dismissing the case probable cause is one made during preliminary
based on lack of probable cause. investigation. It is a function that properly pertains to the
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public prosecutor who is given a broad discretion to discretion to make an independent assessment of the
determine whether probable cause exists and to charge evidence on hand, it isonly for the purpose of
those whom he believes to have committed the crime as determining whether a warrant of arrest should beissued.
defined by law and thus should be held for trial. The judge does not act as an appellate court of the
Otherwise stated, such official has the quasi-judicial prosecutor and has no capacity to review the prosecutor’s
authority to determine whether or not a criminal case determination of probable cause; rather, the judge makes
must be filed in court. Whether or not that function has a determination of probable cause independent of the
been correctly discharged by the public prosecutor, prosecutor’s finding. 23 In truth, the court's duty in an
i.e.,whether or not he has made a correct ascertainment appropriate case is confined merely to the determination
of the existence of probable cause in a case, is a matter of whether the assailed executive or judicial
that the trial court itself does not and may not be determination of probable cause was done without orin
compelled to pass upon. The judicial determination of excess of jurisdiction or with grave abuse of discretion
probable cause, on the other hand, is one made by the amounting to want of jurisdiction. 24 In this particular
judge to ascertain whether a warrant of arrest should be case, by proceeding with the arraignment of respondents,
issued against the accused. The judge must satisfy there was already an admittance that there is probable
himself that based on the evidence submitted, there is cause. Thus, the RTC should not have ruled on whether or
necessity for placing the accused under custody in order not there is probable cause to hold respondents liable for
not to frustrate the ends of justice. If the judge finds no the crime committed since its duty is limited only to the
probable cause, the judge cannot be forced to issue the determination of whether the material averments in the
arrest warrant. complaint or information are sufficient to hold
respondents for trial.1âwphi1 In fact, in their motion,
The difference is clear: The executive determination of respondents claimed that the facts alleged in the
probable cause concerns itself with whether there is Informations do not constitute an offense. Considering
enough evidence to support an Information being filed. that the RTC has already found probable cause, it should
The judicial determination of probable cause, on the have denied the motion to quash and allowed the
other hand, determines whether a warrant of arrest prosecution to present its evidence and wait for a
should be issued. While it is within the trial court’s demurrer to evidence to be filed by respondents, if they
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opt to, or allowed the prosecution to amend the Petition for Review on Certiorari is hereby GRANTED. The
Information and in the meantime suspend the Decision dated May 29, 2008 and Resolution dated
proceedings until the amendment of the Information February 26, 2009 of the Court of Appeals in CA-G.R. SP
without dismissing the case. If the defect in the No. 100016 are hereby REVERSED and SET ASIDE. SO
information is curable by amendment, the motion to ORDERED.
quash shall be denied and the prosecution shall be
ordered to file an amended information.26 Generally, the
fact that the allegations in the information do not Section 5. Effect of sustaining the motion to quash. — If the
constitute an offense, or that the information does not motion to quash is sustained, the court may order that
conform substantially to the prescribed form, are defects another complaint or information be filed except as
curable by amendment.27 Corollary to this rule, the court provided in section 6 of this rule. If the order is made, the
should give the prosecution an opportunity to amend the accused, if in custody, shall not be discharged unless
information.28 In the present case, the RTC judge admitted to bail. If no order is made or if having been
outrightly dismissed the cases without giving the made, no new information is filed within the time specified
prosecution an opportunity to amend the defect in the in the order or within such further time as the court may
Informations. In People v. Talao Perez, 29 this Court ruled allow for good cause, the accused, if in custody, shall be
that, "...even granting that the information in question is discharged unless he is also in custody for another charge.
defective, as pointed out by the accused, it appearing (5a)
that the defects thereof can be cured by amendment, the Section 6. Order sustaining the motion to quash not a bar to
lower court should not have dismissed the case but another prosecution; exception. — An order sustaining the
should have ordered the Fiscal to amend the motion to quash is not a bar to another prosecution for the
information." When there is any doubt about the same offense unless the motion was based on the grounds
sufficiency of the complaint or information, the court specified in section 3 (g) and (i) of this Rule. (6a)
should direct its amendment or that a new information
befiled, and save the necessity of appealing the case on Q: What is the effect of sustaining MTQ?
technical grounds when the complaint might easily be A: If the motion to quash is sustained, the court may order that
amended. IN LIGHT OF THE FOREGOING, the present another complaint or information be filed except as provided
in section 6 of this rule.
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jurisdiction, upon a valid complaint or information or other
If the order is made, the accused, if in custody, shall not be formal charge sufficient in form and substance to sustain a
discharged unless admitted to bail. conviction and after the accused had pleaded to the charge,
the conviction or acquittal of the accused or the dismissal
If no order is made or if having been made, no new
of the case shall be a bar to another prosecution for the
information is filed within the time specified in the order or
offense charged, or for any attempt to commit the same or
within such further time as the court may allow for good
frustration thereof, or for any offense which necessarily
cause, the accused, if in custody, shall be discharged unless he
includes or is necessarily included in the offense charged in
is also in custody for another charge. (See Sec.5 of Rule 117)
the former complaint or information.
NOTE: The order to file another information must be contained
However, the conviction of the accused shall not be a bar to
in the same order granting the motion to quash.
another prosecution for an offense which necessarily
includes the offense charged in the former complaint or
NOTE: If the order sustaining the motion to quash does not
information under any of the following instances:
order the filing of another information, and said order
becomes final and executory, the court may no longer direct (a) the graver offense developed due to supervening facts
the filing of another information (Gonzales vs Salvador, G.R. arising from the same act or omission constituting the
168340, Dec. 5, 2006). former charge;
Q. Is an order sustaining the motion to quash a bar to (b) the facts constituting the graver charge became known
another prosecution? or were discovered only after a plea was entered in the
A. As a general rule, no (Sec. 6, Rule 117 of the ROC) except if former complaint or information; or
the ground of the motion to quash is extinction of criminal
(c) the plea of guilty to the lesser offense was made
offense and double jeopardy
without the consent of the prosecutor and of the offended
party except as provided in section 1 (f) of Rule 116.
Section 7. Former conviction or acquittal; double jeopardy. —
In any of the foregoing cases, where the accused satisfies
When an accused has been convicted or acquitted, or the
or serves in whole or in part the judgment, he shall be
case against him dismissed or otherwise terminated
without his express consent by a court of competent
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credited with the same in the event of conviction for the separate pending cases – Sec. 3(i), Rule 117 of the ROC
graver offense. (7a) (ACCORDING TO REGALADO);
(ii) the accused is prosecuted anew for the same offense after
he had been convicted or acquitted – Sec. 7, Rule 117 of the
Q. What is jeopardy?
ROC;
A: The peril in which a person is put when he is regularly
charged with a crime before a tribunal properly organized and (iii) the prosecution appeals from the judgment in the same
competent to try him. case – Sec. 2, Rule 122 of the ROC.
Q. What are the requisites of double jeopardy?

Q. What is the concept of double jeopardy? A. (i) the first jeopardy must have attached prior to the second;
A. When a person is charged with an offense and the case is (ii) the first jeopardy must have terminated; and
terminated either by acquittal or conviction or in any other (iii) the second jeopardy must be for the same offense as the
manner without the express consent of the accused, the latter first (People vs Bocar, 138 SCRA 166) or the second offense
cannot again be charged with the same or identical offense. includes or is necessarily included in the offense charged in
(Sec 21, Art. III. Constitution; Marantanan vs CA, 350 SCRA the first information, or is an attempt to commit the same or is
387) a frustration thereof (People vs Nitafan 302 SCRA 424)
NOTE: An acquittal is final and unappealable on the ground of Q. What are the requisites for the first jeopardy to attach?
double jeopardy, whether it happens at the trial court or (ICAP)
before the appellate court (People vs Velasco, 340 SCRA 207). A. (i) the accused individual is charged under a complaint or
an information sufficient in form and substance to sustain his
Q. Can there be an appeal or petition for review under Rule
conviction;
45 of the ROC of a judgment of acquittal?
A. Appeal or petition for review under Rule 45 of the ROC is (ii) the court has jurisdiction;
prohibited. A judgment of acquittal is immediately final and
executory (Cruz vs CA, 388 SCRA 72). (iii) the accused had been arraigned and had pleaded;
Q. What instances will the issue of double jeopardy arise?

A. (i) the accused is charged with the same offense in two
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(iv) a valid plea may not be invoked. double jeopardy, unless the
acquittal was void for
having bee done with grave
Q: What are the requisites of the second jeopardy to
abuse of discretion
terminate? [ACT] amounting to lack of excess
A: (i) The accused has been Acquitted; of jurisdiction.
(ii) Convicted;
(iii) The case was dismissed or otherwise terminated without NOTE:

his express consent (People vs Velasco, 340 SCRA 207)
Express consent to a Provisional dismissal may
either be oral or written.It is a positive, direct,
Dismissal vs Acquittal
unequivocal consent requiring no inference or
implication to supply its meaning.
GR- A dismissal with the express consent of the

accused will not bar the prosecution of the same
offense because such consent is considered a valid
waiver of his right against double jeopardy.
DISMISSAL ACQUITTAL
Does not decide the case Always based on the XPN:

on the merits or that the merits, that is, the
defendant is not guilty. defendant is acquitted 1. Dismissal based on demurrer to evidence
because the evidence does (insufficiency of evidence given by
The dismissal is without not show defendant’s guilt prosecution) filed by the accused after the
prejudice to re-filling of beyond reasonable doubt. prosecution has rested;
another information for the 2. Dismissal due to the denial of the accused’s
same acts. There being no Another information for the
valid termination of the same acts may not be filed right to speedy trial and disposition of the
first jeopardy, the right without violating the right case
against double jeopardy of the accused against
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3. Provisional dismissal that has become Same acts but not the same offense
permanent due to application of the time-bar Ex: accused can be acquitted for Consented Abduction , he
rule. may still be convicted of Qualified Seduction
Demurrer of evidence was granted due to lack of
Q Abduction vs S Abduction = use of authority while the other
jurisdiction over the offense charged, it will no
is deceit.
longer be a bar to the filling of another information
Q. What are the exceptions to the rule that “conviction of
The only instance that DJ will not attach is when the the accused shall be a bar to another prosecution for an
trial court acted with grave abuse of discretion offense which includes the offense charged in the former
amounting to lack of excess of jurisdiction, such as complaint or information”?
where the prosecution was denied the opportunity A. (i) supervening facts – the graver offense developed due to
to present its case or where the trial was a sham. supervening facts arising from the same act or omission
Remedy: Certiorari constituting the former charge (Sec. 7[a], Rule 117 of the ROC);
What are the requisites of Second Jeopardy? (SAFI) examples are
(a) where the accused was charged with physical

injuries and after conviction, the injured dies, the charge of
Q. What is the effect of double jeopardy? homicide does not put him twice in jeopardy (Melo vs People,
A: there is an identity between the two offenses when: 85 Phil. 766);
● Two offenses are the same (b) where the accused was charged with slight physical
● An attempt to commit the said offense injuries only because according to the certification, the injuries
● A Frustration of the said offense suffered by the offended party would require medical
● Any offense which necessarily includes the first offense attendance of 5 to 9 days barring complications and the said
charged; or case was dismissed, a subsequent charge of serious physical
● any offense which necessarily Include the first offense injuries is not barred by double jeopardy where the alleged
charged deformity in the face of the victim became apparent only later
(People vs Adil, 76 SCRA 462).
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NOTE: The reason why supervening event is an exception is – for the offense charged, or for any attempt to commit the same
there is no possibility for the accused during the first or frustration thereof, or for any offense which includes or is
prosecution to be convicted of an offense that was then necessarily included in the offense charged in the former
inexistent (Melo vs People, 85 Phil. 766). complaint or information.
(ii) newly discovered facts – the facts constituting the graver

NOTE: To entitle the accused to the benefit of double jeopardy,
charge became known or were discovered only after a plea
the offenses charged in the two prosecutions must be for the
was entered in the former complaint or information (Sec. 7[b],
“same offense”. The term “same offense” was held to mean
Rule 117)
identical offenses or any attempt to commit the same or
(iii) improper plea of guilty to a lesser offense – the plea of frustration thereof or any offense charged which includes or is
guilty to a lesser offense was made without the consent of the necessarily included in the offense charged in the former
prosecutor and of the offended party except when the private complaint or information (Perez vs CA, 168 SCRA 236).
offended party failed to appear in the arraignment despite due
Q. What is the same evidence test?
notice (Sec. 7[c], Rule 117)
A. The test is whether the evidence which proves a case would
NOTE: In any of the forgoing cases, where the accused satisfies also prove the other case.
or serves in whole or in part the judgment
NOTE: The test is to inquire whether the facts alleged in the
Q. What are the tests of double jeopardy? second information, if proven, would have been sufficient to
A. There are 2 recognized tests in determining the existence of support the former information (People vs Martinez, 55 Phil. 6)
double jeopardy. They are the
Q. Are the following grounds for a motion to quash?
(i) same offense test; and the
A. (i) failure to furnish resolution in the preliminary
(ii) same evidence test. investigation to the respondent (Vasquez vs Hobilla-Alinio,
271 SCRA 67) - NO
Q. What is the same offense test?
A. This is provided for in Sec. 7, Rule 117 of the ROC. The (ii) lack of probable cause – NO because a motion to quash
conviction or acquittal of the accused or the dismissal of the should be based on a defect in the information; note however
case without his consent shall be a bar to another prosecution that the court may dismiss the complaint or information if,
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after evaluating the resolution of the prosecutor and its accused?
supporting evidence within 10 days from the filing thereof, it A. Yes (Cruz vs CA, 388 SCRA 72)
finds that the evidence on record clearly fails to establish
NOTE: In this instance, the second jeopardy is a civil
probable cause (Sec. 3[a], Rule 112 of the ROC)
case, specifically the appeal of the civil aspect; hence,
(iii) lack of preliminary investigation – NO because it does not there is no double jeopardy.
impair the validity of the information nor render it defective
NOTE: Give as an example the case of People vs
nor affect the jurisdiction of the court over the case (People vs
Almario Encarnacion
Yutila, 102 SCRA 264)
(iii) when the action is dismissed with the express consent of
(iv) pendency of another charge for the same offense – NO
the accused
because the accused cannot invoke yet double jeopardy
because it has not yet resulted in conviction, acquittal or NOTE:
dismissal (Jimenez vs Military Commission, 39 SCRA 39) General Rule – there is no double jeopardy when the
action is dismissed with the express consent of the
NOTE: Unlike pendency of another action between the same
accused.
parties for the same cause, which is a ground for a motion to
dismiss in civil case, the pendency of another charge for the XPNs–
same offense is not a ground for a motion to quash. (a) when the dismissal is based on insufficiency of
evidence; (b) the case was dismissed for violation of
Q. Are there double jeopardy in the following instances:
the accused’s right to speedy trial (People vs Bans, 239
(i) when the accused appeals from the sentence (Oriente vs
SCRA 48)
People, G.R. 144094, Jan. 30, 2007)
(iv) when the judgment is void
(ii) when the civil aspect is appealed (Marantanan vs CA, 350
SCRA 387) Q. What is a void judgment?
A. A void judgment is, in effect, no judgment at all. By
Q. Can the offended party or the accused appeal the
it, no rights are divested and no rights can be attained
civil aspect of the judgment despite acquittal of the
(People vs Magat, 332 SCRA 517).
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(v) when the prosecution is denied due process (Galman vs NOTE: The dismissal of the charge after preliminary
Sandiganbayan, 144 SCRA 43) investigation does not amount to judicial
pronouncement of acquittal.
(vi) when the trial court commits grave abuse of discretion
(xi) where the defamatory statements were preparatory to,
(vii) when the court had no jurisdiction
and culminated, in a threat (People vs Yebra, 109 Phil. 613)
Q. Can there be double jeopardy where the accused
(xii) use of unlicensed firearm in homicide OR killing a person
entered a plea in a court that had no jurisdiction?
with a knife and a firearm not used in the killing was seized
A. No (Binay vs Sandiganbayan, 316 SCRA 65)
from the accused
NOTE: Give as an example the case of Pp vs Silva
Section 8. Provisional dismissal. — A case shall not be
(viii) when the information is defective provisionally dismissed except with the express consent of
the accused and with notice to the offended party.
Q. If the fiscal had no authority to file the
information, is the dismissal of the information a bar The provisional dismissal of offenses punishable by
to a subsequent prosecution? imprisonment not exceeding six (6) years or a fine of any
A. No (Cudia vs CA, 284 SCRA 173) amount, or both, shall become permanent one (1) year
after issuance of the order without the case having been
(ix) when the two offenses are different
revived. With respect to offenses punishable by
Q. Can conviction for the crime of illegal recruitment imprisonment of more than six (6) years, their provisional
be a bar to a prosecution for the crime of estafa dismissal shall become permanent two (2) years after
committed based on the same act? issuance of the order without the case having been revived.
A. No (People vs Sanchez, 291 SCRA 333) (n)
NOTE: The prohibition against double jeopardy refers Q. What do you mean by provisional dismissal?
to the same offense and not the same act. A. It means the dismissal of a criminal action with the express
consent of the accused with notice to the offended party and
(x) when the case is dismissed on preliminary investigation
without prejudice to its revival within the period prescribed by
the rules.
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Q. What are the requisites of provisional dismissal? insufficiency of evidence or denial of the right to speedy trial
A. (i) the accused must have given his express consent to the (People vs Declaro, 170 SCRA 142).
dismissal;
Q. Why?
(ii) there must be notice to the offended party
A. Because the dismissal is actually an acquittal.
(iii) the dismissal must be without prejudice to its revival
Q. Can an accused object to a provisional dismissal
Q. When does a provisional dismissal become permanent?
especially when he wants a permanent dismissal?
A. Sec. 8, Rule 117, 2nd par.
A. Yes
NOTE: If the provisional dismissal is made without
PEOPLE vs LACSON
notice to the offended party, the reglementary period
does not begin to run AND the accused cannot invoke Crime/s: MULTIPLE MURDER
double jeopardy yet. If it is made without the expressed
consent of the accused, then there can be no valid Facts:
provisional dismissal. Petitioners filed a motion for reconsideration of the
Resolution remanding this case to the RTC for the
Q. What is the effect of permanent dismissal? determination of several factual issues relative to the
A. The effect of permanent dismissal is to bar the refiling or application of Section 8 of Rule 117 of the Revised Rules
revival of the criminal action as well as the prosecution of the of Criminal Procedure on the dismissal of criminal cases
accused for the offense charged, or for any attempt to commit filed against Panfilo Lacson and his co-accused with the
the same or frustration thereof, or for any offense which said court. In the criminal cases, the respondent and his
co-accused were charged with multiple murder for the
includes or is necessarily included in the offense charged in shooting and killing of eleven male victims.
the former complaint or information.
The Court ruled that the provisional dismissal of criminal
Q. Can double jeopardy apply if the dismissal was made
cases were with the express consent of the respondent as
with the consent of the accused? he himself moved for said provisional dismissal when he
A. As a rule NO. However, double jeopardy will apply even if filed his motion for judicial determination of probable
the dismissal was made with the express consent of the cause and for examination of witnesses. The petitioners
accused or upon his motion provided that it is predicated on contend that Section 8, Rule 117 of the Revised Rules of
Criminal Procedure is not applicable in the present case
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and the time-bar in said rule should not be applied 2. The offended party is notified of the motion for a
retroactively. provisional dismissal of the case;
3. The court issues an order granting the motion and
Issue: dismissing the case provisionally;
Whether the provisional dismissal issued by the Court 4. The public prosecutor is served with a copy of the
was proper order of provisional dismissal of the case.
Ruling: Express consent to a provisional dismissal is given either
No. viva voce or in writing. It is a positive, direct, unequivocal
consent requiring no inference or implication to supply
Section 8, Rule 117 of the Revised Rules of Criminal its meaning. Where the accused writes on the motion of a
Procedure provides that a case shall not be provisionally prosecutor for a provisional dismissal of the case “no
dismissed except with the express consent of the accused objection” or “with my conformity,” the writing amounts
and with notice to the offended party. The provisional to express consent of the accused to a provisional
dismissal of offenses punishable by imprisonment not dismissal of the case. The mere inaction or silence of the
exceeding six (6) years or a fine of any amount, or both, accused to a motion for a provisional dismissal of the
shall become permanent one (1) year after issuance of case or his failure to object to a provisional dismissal
the order without the case having been revived. With does not amount to express consent.
respect to offenses punishable by imprisonment of more
than six (6) years, their provisional dismissal shall A motion of the accused for a provisional dismissal of a
become permanent two (2) years after issuance of the case is an express consent to such provisional dismissal.
order without the case having been revived. If a criminal case is provisionally dismissed with the
express consent of the accused, the case may be revived
Having invoked said rule before the petitioners-panel of only within the periods provided in the new rule. If a
prosecutors and before the CA, the respondent is criminal case is provisionally dismissed without the
burdened to establish the essential requisites of the first express consent of the accused or over his objection, the
paragraph thereof, namely: new rule would not apply. The case may be revived even
1. The prosecution with the express conformity of the beyond the prescribed periods subject to the right of the
accused or the accused moves for a provisional (sin accused to oppose the same on the ground of double
perjuicio) dismissal of the case; or both the prosecution jeopardy or that such revival or refiling is barred by the
and the accused move for a provisional dismissal of the
statute of limitations.
case;
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Respondent has failed to prove that the first and second Q. What are the effects of failure to quash?
requisites of the first paragraph of the new rule were A. (i) the ground for quashing the information is waived
present when Judge Agnir, Jr. dismissed Criminal Cases
NOTE:
Nos. Q-99-81679 to Q-99-81689. The prosecution did not
file any motion for the provisional dismissal of the said General Rule – the failure of the accused to assert any
criminal cases. The respondent did not pray for the ground for a motion to quash before he pleads to the
dismissal, provisional or otherwise, of Criminal Cases information, either because he did not file a motion to
Nos. Q-99- 81679 to Q-99-81689. Neither did he ever quash or failed to allege the same in said motion, shall
agree, impliedly or expressly, to a mere provisional be deemed waiver of the grounds for a motion to
dismissal of the cases quash; this is called the OMNIBUS MOTION RULE.
DOCTRINE: NOTE:
The raison d’ etre for the requirement of the express XPNs–
consent of the accused to a provisional dismissal of a
(i) no offense charged;
criminal case is to bar him from subsequently asserting
that the revival of the criminal case will place him in (ii) lack of jurisdiction over the offense charged;
double jeopardy for the same offense or for an offense (iii) extinction of the offense;
necessarily included therein. (iv) double jeopardy
NOTE: Any objection involving a warrant of arrest or

Section 9. Failure to move to quash or to allege any ground the procedure in the acquisition by the court of
therefor. — The failure of the accused to assert any ground jurisdiction over the person of an accused must be
of a motion to quash before he pleads to the complaint or made before he enters his plea, otherwise the objection
information, either because he did not file a motion to is deemed waived. Accordingly, any irregularity in his
quash or failed to allege the same in said motion, shall be arrest was cured when he voluntarily submitted
deemed a waiver of any objections based on the grounds himself to the jurisdiction of the trial court (People vs
provided for in paragraphs (a), (b), (g), and (i) of section 3 Mahusay, 282 SCRA 80). However, it was held that a
of this Rule. waiver of an illegal warrantless arrest does not mean a
waiver of the inadmissibility of evidence seized during
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an illegal warrantless arrest (People vs Nuevas, G.R. (b) stipulation of facts;
170233, Feb 22, 2007)
(c) marking for identification of evidence of the parties;
(ii) the right to object to evidence is waived.
(d) waiver of objections to admissibility of evidence;
Q. What grounds are not waived by failure to quash?
(e) modification of the order of trial if the accused admits
A. (i) the facts charged do not constitute an offense
the charge but interposes a lawful defense; and
(ii) the court trying the case has no jurisdiction over the
offense charged (f) such other matters as will promote a fair and
(iii) the criminal action or liability has been extinguished expeditious trial of the criminal and civil aspects of the
(iv) double jeopardy case. (secs. 2 and 3, cir. 38-98)
(v) the officer who filed the information had no authority to do
so (RSP Turingan vs Garfin, G.R. 153284, April 17, 2007)
Q. What is pre-trial?
A. It is a procedural device used prior to trial to narrow issues
RULE 118 Pre-Trial to be tried, to secure stipulations as to matters and evidence
to be heard, and to make all other steps necessary to aid in
Section 1. Pre-trial; mandatory in criminal cases. — In all
the disposition of the case.
criminal cases cognizable by the Sandiganbayan, Regional
Trial Court, Metropolitan Trial Court, Municipal Trial Court Q. What is the purpose of pre-trial?
in Cities, Municipal Trial Court and Municipal Circuit Trial A. Pre-trial is primarily intended to make certain that all issues
Court, the court shall after arraignment and within thirty necessary to the disposition of a case are properly raised.
(30) days from the date the court acquires jurisdiction over Thus, to obviate the element of surprise, parties are expected
the person of the accused, unless a shorter period is to disclose at a pre-trial conference all issues of law and fact
provided for in special laws or circulars of the Supreme which they intend to raise at the trial.
Court, order a pre-trial conference to consider the
Q. Is pre-trial mandatory?
following:
A. Yes
(a) plea bargaining;
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REMEDIAL LAW
Q. What is the effect of lack of pre-trial? facts admitted during pre-trial (Alano vs CA,
A. The lack of pre-trial or preliminary conference will not 283 SCRA 269).
render the proceedings illegal or void ab initio unless
Q. Can there be a stipulation of fact to prove
substantial prejudice has been caused to a party (Martinez vs
a qualifying aggravating circumstance in the
de la Merced, 174 SCRA 182).
crime of rape?
Q. What are the matters to be considered in pre-trial? A. No (People vs Sitao, 387 SCRA 701)
Q. Can there be a stipulation of fact with
Q. What is plea bargaining? respect to the victim’s age to prove minority
A. Plea bargaining is a process whereby the accused where the imposable penalty is death?
and the prosecutor in a criminal case work out a A. No. Circumstances that qualify a crime and
satisfactory disposition of the case subject to court increase its penalty to death cannot be the
approval. It includes the accused’s pleading guilty to a subject of stipulation (Peopls vs Balbarona, G.R.
lesser offense or to only one or some of the counts of a 146854, April 28, 2004).
multi-count indictment in return for a lighter sentence
Q. How would you distinguish it from stipulation of fact
than that possible for the graver charge.
(SoF) during trial?
Q. What is stipulation of facts (during pre-trial)? A. SoF during pre-trial – the SoF must be reduced in writing
A. It is an agreement on the facts of a case in order to and signed by the accused and counsel (Sec. 2, Rule 118 of the
simplify the issues thereof and to guide the court ROC) SoF during trial – the SoF entered into by the
properly in making judicious decision prosecution and the defense counsel during trial in open court
is automatically reduced into writing and contained in the
Q. What is the effect of stipulation of facts?
transcript of the proceedings had in court; and the conformity
A. It is recognized as declarations constituting
of the accused in the form of his signature affixed thereto is
judicial admissions; hence, binding upon the
unnecessary
parties (People vs Razul, 392 SCRA 553). The
rule is that no proof need be offered as to any
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Q. What is the purpose of marking of evidence? accused. The agreements covering the matters referred to
A. The purpose of marking of evidence during pre-trial is for in section 1 of this Rule shall be approved by the court.
identification purposes. (sec. 4, cir. 38-98)
Q. What is the purpose of waiver of objections to evidence?

A. The purpose of waiver of objections to evidence is to Q. Is it mandatory that pre-trial agreements must be signed
abbreviate the proceedings. by the accused and his counsel? Why?
A. Yes. It is mandatory because of the very language of the law
Q. What is the order of trial in a criminal case?
when it stated “shall”.
Q. What if the pre-trial agreement was not signed by the
Q. When can the order of trial be modified?
accused, can it be used as evidence against him?
A. The order of trial can be modified if the accused admits the
A. No.
charge but interposes a lawful defense
(Sec. 1[e]. Rule 118 of the ROC) Q. What if is the counsel of the accused who failed to sign
the pre-trial agreement?
Q. Give examples of lawful defenses.
A. The pre-trial agreement cannot be used against the
A. The justifying and exempting circumstances under Arts. 11
accused.
& Art. 12 of the RPC as well as defense of relationship in
crimes against property under Art. 332 of the same code.
Q. Give me examples of “other matters” that may be BAYAS vs SANDIGANBAYAN

considered by the trial court during pre-trial.
A. The agreement of the parties during pre-trial to adopt their Crime/s: MALVERSATION THROUGH FALSIFICATION
respective evidence in the civil case to the criminal case
Facts:
(Chua-Burce vs CA, 331 SCRA 1).
Three Informations were filed before the Sandiganbayan,
Section 2. Pre-trial agreement. — All agreements or charging Petitioners Ernesto T. Matuday and Sixto M.
admissions made or entered during the pre-trial conference Bayas with violation of Section 3(e) of RA No. 3019 and
malversation through falsification in their capacities as
shall be reduced in writing and signed by the accused and
municipal mayor and municipal treasurer of Kabayan,
counsel, otherwise, they cannot be used against the
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Province of Benguet. During their arraignment, them can be relieved therefrom only upon a showing of
petitioners pled "not guilty." The parties submitted a collusion, duress, fraud, misrepresentation as to facts,
"Joint Stipulation of Facts and Documents," duly signed and undue influence; or upon a showing of sufficient
by the two accused and their counsel Atty Molintas Later cause on such terms as will serve justice in a particular
on, the accused, represented by their new counsel, Atty. case. Moreover, the power to relieve a party from a
Cinco, moved to withdraw the Joint Stipulation of Facts stipulation validly made lies in the court’s sound
and Documents. Specifically, they sought to withdraw, discretion which, unless exercised with grave abuse, will
first, Stipulation 1(b) which states that "Both the accused not be disturbed on appeal. Once the stipulations are
admit the disbursement of the amount of P510,000.00 reduced into writing and signed by the parties and their
and P55,000.00"; and second, Exhibits "1" to "8-a". They counsels, they become binding on the parties who made
invoked their constitutional right to be presumed them. They become judicial admissions of the fact or
innocent until proven guilty. The Sandiganbayan denied facts stipulated. Even if placed at a disadvantageous
the petitioners’ Motion to Withdraw Joint Stipulation . position, a party may not be allowed to rescind them
unilaterally; it must assume the consequences of the
Issue: disadvantage. Verily, during pretrial, attorneys must make
Whether accused be allowed to withdraw unilaterally a full disclosure of their positions as to what the real
from the Joint Stipulation of Facts and Documents. issues of the trial would be. They should not be allowed
to embarrass or inconvenience the court or injure the
Ruling: opposing litigant by their careless preparation for a case;
Petitioners fail to appreciate the indispensable role of or by their failure to raise relevant issues at the outset of
stipulations in the speedy disposition of cases. The new a trial; or, as in this case, by their unilateral withdrawal of
Rules on Criminal Procedure mandate parties to agree on valid stipulations that they signed and that their clients
matters of facts, issues and evidence. Such stipulations fully assented to. Furthermore, a new counsel cannot
are greatly favored because they simplify, shorten or justify such withdrawal by the simple expedient of
settle litigations in a faster and more convenient manner. passing the blame on the previous counsel, who had
They save costs, time and resources of the parties and, at supposedly not sufficiently discharged his duty to the
the same time, help unclog court dockets. Once validly client. DISPOSITION: Petition is DENIED
entered into, stipulations will not be set aside unless for
good cause. They should be enforced especially when DOCTRINE:
they are not false, unreasonable or against good morals Stipulations freely and voluntarily made are valid and
and sound public policy. When made before the court,
binding and will not be set aside unless for good cause.
they are conclusive. And the party who validly made The Rules of Court mandate parties in a criminal case to
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stipulate facts. Once they have validly and voluntarily private offended party at the pre-trial. Surprisingly, his
signed the stipulations, the accused and their counsel presence is required at the arraignment for purposes of plea
may not set these aside on the mere pretext that they bargaining, determination of civil liability and other matters
may be placed at a disadvantage during the trial. requiring his presence (Sec. 1[f], Rule 116 of the ROC)
although the arraignment is not the proper stage for the
consideration of plea bargaining.
Section 3. Non-appearance at pre-trial conference. — If the NOTE: Under A.M. No. 03-1-09-SC effective August 14, 2004
counsel for the accused or the prosecutor does not appear (Guidelines to be Observed by Trial Court Judges and COC in
at the pre-trial conference and does not offer an acceptable the Conduct of Pre-trial and Use of Deposition-Discovery
excuse for his lack of cooperation, the court may impose Measures), the court is required to issue an order requiring the
proper sanctions or penalties. (se. 5, cir. 38-98) private offended party to appear during the pre-trial for
purposes of plea-bargaining
Q. Is the presence of the accused required during pre-trial?
A. As a rule, the presence of the accused is not required during Section 4. Pre-trial order. — After the pre-trial conference,
pre-trial unless so ordered by the court. the court shall issue an order reciting the actions taken, the
facts stipulated, and evidence marked. Such order shall
Q. What if the presence of the accused is required by bind the parties, limit the trial to matters not disposed of,
the court and he failed to appear during pre-trial? and control the course of the action during the trial, unless
A. If the accused is on bail, the court may order the modified by the court to prevent manifest injustice. (3)
cancellation of his bail and order for his arrest. If the
accused is under detention or under the custody of the Q. What is the use of a pre-trial order?
law, and the warden fails to bring him in court, the A. The purpose is to control the subsequent course of action
court may impose appropriate sanctions against the unless modified before the trial to prevent manifest injustice.
warden The order will bind the parties, limit the trial to matters not
disposed of and control the course of action during the trial
Q. Is the presence of the private offended party during
pre-trial required?
A. The ROC do not require likewise the appearance of the
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RULE 119 TRIAL witness including the right to crossexamine the witness for the
prosecution (Gimenez vs Nazareno, 160 SCRA 1).
Section 1. Time to prepare for trial. — After a plea of not
guilty is entered, the accused shall have at least fifteen Q. When can there be trial in absentia?
(15) days to prepare for trial. The trial shall commence A. (i) the failure of the accused out on bail to appear at the
within thirty (30) days from receipt of the pre-trial order. trial without justification and despite due notice (Sec. 2[c],
(sec. 6, cir. 38-98) Rule 114 of the ROC); and
(ii) when an accused under custody had been notified on the
Q. What is trial? date of the trial and escapes (Sec. 1[c], Rule 115 of the ROC)
A. It is the judicial examination and determination of issues
between parties to an action, whether they be issues of law or
Section 2. Continuous trial until terminated; postponements.
fact, before a court that has jurisdiction.
— Trial once commenced shall continue from day to day as
Q. Can an accused be tried in absentia? far as practicable until terminated. It may be postponed for
A. Yes. It is based on Sec. 14(2), Art. 3 of the 1987 Constitution a reasonable period of time for good cause. (2a)
which provides that “x x x after arraignment, trial may proceed
The court shall, after consultation with the prosecutor and
notwithstanding the absence of the accused provided he has
defense counsel, set the case for continuous trial on a
been duly notified and his failure to appear is unjustifiable”.
weekly or other short-term trial calendar at the earliest
Q. What are the requisites of trial in absentia? possible time so as to ensure speedy trial. In no case shall
A. (i) the accused had already been arraigned; the entire trial period exceed one hundred eighty (180)
(ii) he has been duly notified of the trial; and days from the first day of trial, except as otherwise
(iii) his failure to appear is unjustifiable (Parada vs authorized by the Supreme Court. (sec. 8, cir. 38-98).
Veneracion, 269 SCRA
The time limitations provided under this section and the
371
preceding section shall not apply where special laws or
Q. What is the effect of trial in absentia?** circulars of the Supreme Court provide for a shorter period
A. The failure of the accused out on bail to appear at the trial of trial. (n)
without justification and despite due notice shall be deemed a
waiver of his right to be present at such trial and confront the
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Section 3. Exclusions. — The following periods of delay proceeding which any proceeding concerning the
shall be excluded in computing the time within which trial accused is actually under advisement.
must commence:
(b) Any period of delay resulting from the absence or
(a) Any period of delay resulting from other proceedings unavailability of an essential witness.
concerning the accused, including but not limited to the
For purposes of this subparagraph, an essential witness
following:
shall be considered absent when his whereabouts are
(1) Delay resulting from an examination of the unknown or his whereabouts cannot be determined by due
physical and mental condition of the accused; diligence. He shall be considered unavailable whenever his
whereabouts are known but his presence for trial cannot be
(2) Delay resulting from proceedings with respect to
obtained by due diligence.
other criminal charges against the accused;
(c) Any period of delay resulting from the mental
(3) Delay resulting from extraordinary remedies
incompetence or physical inability of the accused to stand
against interlocutory orders;
trial.
(4) Delay resulting from pre-trial proceedings;
(d) If the information is dismissed upon motion of the
provided, that the delay does not exceed thirty (30)
prosecution and thereafter a charge is filed against the
days;
accused for the same offense, any period of delay from the
(5) Delay resulting from orders of inhibition, or date the charge was dismissed to the date the time
proceedings relating to change of venue of cases or limitation would commence to run as to the subsequent
transfer from other courts; charge had there been no previous charge.
(6) Delay resulting from a finding of the existence of (e) A reasonable period of delay when the accused is joined
a prejudicial question; and for trial with a co-accused over whom the court has not
acquired jurisdiction, or, as to whom the time for trial has
(7) Delay reasonably attributable to any period, not
not run and no motion for separate trial has been granted.
exceed thirty (30) days, during which any
(f) Any period of delay resulting from a continuance
granted by any court motu proprio, or on motion of either
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the accused or his counsel, or the prosecution, if the court Section 5. Time limit following an order for new trial. — If the
granted the continuance on the basis of its findings set accused is to be tried again pursuant to an order for a new
forth in the order that the ends of justice served by taking trial, the trial shall commence within thirty (30) days from
such action outweigh the best interest of the public and the notice of the order, provided that if the period becomes
accused in a speedy trial. (sec. 9, cir. 38-98) impractical due to unavailability of witnesses and other
factors, the court may extend it but not to exceed one
Section 4. Factors for granting continuance. — The following
hundred eighty (180) days from notice of said order for a
factors, among others, shall be considered by a court in
new trial. (sec. 11, cir. 38-98)
determining whether to grant a continuance under section
3(f) of this Rule. Section 6. Extended time limit. — Notwithstanding the
provisions of section 1(g), Rule 116 and the preceding
(a) Whether or not the failure to grant a continuance in the
section 1, for the first twelve-calendar-month period
proceeding would likely make a continuation of such
following its effectivity on September 15, 1998, the time
proceeding impossible or result in a miscarriage of justice;
limit with respect to the period from arraignment to trial
and
imposed by said provision shall be one hundred eighty
(b) Whether or not the case taken as a whole is so novel, (180) days. For the second twelve-month period, the limit
unusual and complex, due to the number of accused or the shall be one hundred twenty (120) days, and for the third
nature of the prosecution, or that it is unreasonable to twelve-month period, the time limit shall be eighty (80)
expect adequate preparation within the periods of time days. (sec. 7, cir. 38-98)
established therein.
In addition, no continuance under section 3(f) of this Rule

VALENCIA vs SANDIGANBAYAN
shall be granted because of congestion of the court's
calendar or lack of diligent preparation or failure to obtain Crime/s: VIOLATION OF ANTI_GRAFT AND CORRUPT
available witnesses on the part of the prosecutor. (sec. 10, PRACTICES ACT
cir. 38-98)
Facts:
Valencia, then governor of Oriental Mindoro was charged
before the Sandiganbayan with violation of sec3 (e) of RA
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3019 (Anti-graft and corrupt Practices act) for leave to file Demurrer to Evidence because the
prosecution failed to present, mark, or offer evidence that
Mr. Rodolfo G. Valencia, had been the Governor of the would substantiate the charge against him. Prosecution
Province of Oriental Mindoro, for having won in the filed an opposition alleging that petitioners motion for
gubernatorial race in the May 1992 local and provincial leave to file demurrer to evidence is premature because
election; the prosecution has yet to formally offer the Joint
Stipulation of Facts
During the 1992 election, Mr. Cresente Umbao also ran
for the position of councilor in the Municipality of Pola, Issue:
Oriental Mindoro but he lost;
Ruling:
On October 17, 1992, Councilor Antonio Mercene, Jr. of
Pola, Oriental, Mindoro died thus creating a permanent
vacancy in the membership position of Sanguniang
Bayan of Pola, Oriental Mindoro.
Section 7. Public attorney's duties where accused is
On December 1, 1992 then Governor Rodolfo G. Valencia imprisoned. — If the public attorney assigned to defend a
of Oriental, Mindoro, appointed Cresente Umbao to the person charged with a crime knows that the latter is
position of a councilor in the Municipal Council of Pola, preventively detained, either because he is charged with a
Oriental Mindoro on the vacancy left by the death of bailable crime but has no means to post bail, or, is charged
Councilor Mercene. Prosecution contends that this with a non-bailable crime, or, is serving a term of
appointment is in violation of RA 3019 as it gives imprisonment in any penal institution, it shall be his duty
unwarranted benefits to Mr. Umbao who is disqualified to
be appointed within a period of 1 year after having lost to do the following:
in May 1992 local election for councilor On Mar 26, 2003 (a) Shall promptly undertake to obtain the presence of the
the Sandiganbayan directed the parties to sign the joint
prisoner for trial or cause a notice to be served on the
stipulation of facts Valencia did not sign the Joint
Stipulation of Facts (only prosecutor, and petitioner’s person having custody of the prisoner requiring such
counsel signed) On Jan 12, 2004 Prosecutor rested the person to so advise the prisoner of his right to demand
case based on the Joint Stipulation of Facts and waived trial.
presentation of testimonial and documentary evidence
for prosecution On Jan 19, 2004 Valencia filed a motion
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(b) Upon receipt of that notice, the custodian of the (d) Willfully fails to proceed to trial without justification
prisoner shall promptly advise the prisoner of the charge consistent with the provisions hereof, the court may punish
and of his right to demand trial. If at anytime thereafter the such counsel, attorney, or prosecution, as follows:
prisoner informs his custodian that he demands such trial,
(1) By imposing on a counsel privately retained in
the latter shall cause notice to that effect to sent promptly
connection with the defense of an accused, a fine
to the public attorney.
not exceeding twenty thousand pesos (P20,000.00);
(c) Upon receipt of such notice, the public attorney shall
(2) By imposing on any appointed counsel de oficio,
promptly seek to obtain the presence of the prisoner for
public attorney, or prosecutor a fine not exceeding
trial.
five thousand pesos (P5,000.00); and
(d) When the custodian of the prisoner receives from the
(3) By denying any defense counsel or prosecutor
public attorney a properly supported request for the
the right to practice before the court trying the case
availability of the prisoner for purposes of trial, the
for a period not exceeding thirty (30) days. The
prisoner shall be made available accordingly. (sec. 12, cir.
punishment provided for by this section shall be
38-98)
without prejudice to any appropriate criminal action
Section 8. Sanctions. — In any case in which private counsel or other sanction authorized under these rules. (sec.
for the accused, the public attorney, or the prosecutor. 13, cir. 38-98)
(a) Knowingly allows the case to be set for trial without

disclosing that a necessary witness would be unavailable
Section 9. Remedy where accused is not brought to trial
for trial;
within the time limit. — If the accused is not brought to trial
(b) Files a motion solely for delay which he knows is totally within the time limit required by Section 1(g), Rule 116
frivolous and without merit; and Section 1, as extended by Section 6 of this rule, the
information may be dismissed on motion of the accused on
(c) Makes a statement for the purpose of obtaining
the ground of denial of his right of speedy trial. The
continuance which he knows to be false and which is
accused shall have the burden of proving the motion but
material to the granting of a continuance; or
the prosecution shall have the burden of going forward
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with the evidence to establish the exclusion of time under Q. What is speedy trial?
section 3 of this rule. The dismissal shall be subject to the A. A speedy trial is one conducted according to the law of
rules on double jeopardy. criminal procedure and rules and regulations, free from
vexatious, capricious and oppressive delays. It is based on Sec.
Failure of the accused to move for dismissal prior to trial
14(2), Art. III of the 1987 Constitution and Sec. 1(h), Rule 115
shall constitute a waiver of the right to dismiss under this
of the ROC
section. (sec. 14, cir. 38-98)
Section 10. Law on speedy trial not a bar to provision on Q. What is the effect of violation of the right to speedy
speedy trial in the Constitution. — No provision of law on trial? A. The criminal case may be dismissed.
speedy trial and no rule implementing the same shall be
interpreted as a bar to any charge of denial of the right to Q. Will the dismissal be subject to the rules on double
speedy trial guaranteed by section 14(2), article III, of the jeopardy?
1987 Constitution. (sec. 15, cir. 38-98) A. Yes (Sec. 9, Rule 119 of the ROC)
Q. What is the remedy when the accused is not brought to

Q. Who has the burden of proof in criminal cases?
trial within the time limit?
A. The prosecution has the burden of proof to prove the guilt
A. The accused may move to dismiss the case on the ground of
of the accused beyond reasonable doubt because of the
denial of his right to speedy trial.
constitutional presumption of innocence of the accused. For
Q. What is the difference between motion to dismiss this reason, the prosecution is required to present its evidence
under Sec. 9, Rule 119 of the ROC & motion to ahead of the defense
quash under Sec. 3, Rule 117 of the ROC?
NOTE: In proving the charge against the accused, the
A.
prosecution must follow, where applicable, the Judicial
MTD (Sec. 9, Rule 119) – the accused already entered
Affidavit Rule (A.M. No. 12-8-8-SC, September 12,
his plea; it must be filed before trial
2012). WITH RESPECT TO THE CIVIL ASPECT OF THE
MTQ (Sec. 3, Rule 117) – the accused has not yet
ACTION, REGARDLESS OF THE PENALTIES INVOLVED,
entered his plea; as a rule, it must be filed before
THE JUDICIAL AFFIDAVIT RULE SHALL APPLY
arraignment
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Q. What is the rule on Judicial Affidavit in criminal Q. After the defense rests its case, what is the next order of
cases? trial?
A. The presentation of evidence by the parties during A. The prosecution may present rebuttal evidence; then the
the trial shall be governed by the Judicial Affidavit Rule accused may present sur-rebuttal evidence (Sec. 11[c], Rule
where: 119 of the ROC).
(i) the maximum of the imposable penalty does not
exceed 6 years; Q. Is it mandatory for the court to allow the parties to
(ii) the accused agrees to the use of judicial affidavits, present rebuttal & sur-rebuttal evidence?
irrespective of the penalty involved; or A. No. It is within the sound discretion of the trial judge
(iii) with respect to the civil aspect of the criminal (People vs Tan, 315 SCRA 375).
action, whatever the penalties involved are (Sec. 9,
A.M. No. 12-8-8-SC) Q. When can there be a modified order of trial?
A. When the accused admits the act or omission charged in
NOTE: Under the Judicial Affidavit Rule, the the complaint or information but interposes a lawful defense,
prosecution shall submit the judicial affidavits of its the order of trial may be modified (Sec. 11[e], Rule 119 of the
witnesses not later than 5 days before the pre-trial, ROC). The modification of the order of trial shall be considered
serving copies of the same upon the accused. The in the pre-trial conference (Sec. 1[e], Rule 118 of the ROC).
complainant or public prosecutor shall attach to the
NOTE: Under the Speedy Trial Act or RA 8493, in the
affidavit such documentary or object evidence as he
arraignment, if the accused pleads not guilty to the
may have, marking them as Exhs. A, B and so on. No
crime charged, he shall state whether he interposes a
further judicial affidavit, documentary or object
negative or affirmative defense. A negative defense
evidence shall be admitted at the trial (Sec. 9[b], A.M.
shall require the prosecution to prove the guilt of the
No. 12- 8-8-SC). The Judicial Affidavits shall take the
accused beyond reasonable doubt while an affirmative
place of direct testimonies of the witnesses when they
defense may modify the order of trial and require the
appear before the court to testify. The adverse party
accused to prove such defense by clear and convincing
shall have the right to cross-examine the witness on
evidence (Sec. 7, RA 8493).
his judicial affidavit (Sec. 7, A.M. No. 12-8-8-SC).
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his behalf. The motion shall state: (a) the name and
Section 11. Order of trial. — The trial shall proceed in the residence of the witness; (b) the substance of his
following order: testimony; and (c) that the witness is sick or infirm as to
afford reasonable ground for believing that he will not be
(a) The prosecution shall present evidence to prove the
able to attend the trial, or resides more than one hundred
charge and, in the proper case, the civil liability.
(100) kilometers from the place of trial and has no means
(b) The accused may present evidence to prove his defense, to attend the same, or that other similar circumstances
and damages, if any, arising from the issuance of a exist that would make him unavailable or prevent him from
provisional remedy in the case. attending the trial. The motion shall be supported by an
affidavit of the accused and such other evidence as the
(c) The prosecution and the defense may, in that order,
court may require. (4a)
present rebuttal and surrebuttal evidence unless the court,
in furtherance of justice, permits them to present
additional evidence bearing upon the main issue.
Section 13. Examination of defense witness; how made. — If
(d) Upon admission of the evidence of the parties, the case the court is satisfied that the examination of a witness for
shall be deemed submitted for decision unless the court the accused is necessary, an order will be made directing
directs them to argue orally or to submit written that the witness be examined at a specified date, time and
memoranda. place and that a copy of the order be served on the
prosecutor at least three (3) days before the scheduled
(e) When the accused admits the act or omission charged in
examination. The examination shall be taken before a
the complaint or information but interposes a lawful
judge, or, if not practicable, a member of the Bar in good
defense, the order of trial may be modified. (3a)
standing so designated by the judge in the order, or if the
order be made by a court of superior jurisdiction, before an
inferior court to be designated therein. The examination
Section 12. Application for examination of witness for
shall proceed notwithstanding the absence of the
accused before trial. — When the accused has been held to
prosecutor provided he was duly notified of the hearing. A
answer for an offense, he may, upon motion with notice to
written record of the testimony shall be taken. (5a)
the other parties, have witnesses conditionally examined in
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Section 16. Trial of several accused. — When two or more
accused are jointly charged with any offense, they shall be
Section 14. Bail to secure appearance of material witness. —
tried jointly unless the court, in its discretion and upon
When the court is satisfied, upon proof or oath, that a
motion of the prosecutor or any accused, orders separate
material witness will not testify when required, it may,
trial for one or more accused. (8a)
upon motion of either party, order the witness to post bail
in such sum as may be deemed proper. Upon refusal to post Q. What is the rule on joint trial of several accused?
bail, the court shall commit him to prison until he complies A. see Sec. 16, Rule 119 of the ROC
or is legally discharged after his testimony has been taken.
NOTE: As long as two or more accused are jointly
(6a)
charged with any offense, joint trial is automatic,
without need of court order (People vs Navarro, G.R.
38453-54, March 25, 1975)
Section 15. Examination of witness for the prosecution. —
When it satisfactorily appears that a witness for the Q. If two or more accused are jointly charged with an
prosecution is too sick or infirm to appear at the trial as offense, can separate trial be had?
directed by the order of the court, or has to leave the A. Yes, it may be granted by the court in its discretion and
Philippines with no definite date of returning, he may upon motion of the prosecutor or any of the accused (Sec. 16,
forthwith be conditionally examined before the court Rule 119 of the ROC).
where the case is pending. Such examination, in the
Q. What if one of the accused is at-large, can separate trial
presence of the accused, or in his absence after reasonable
be had as against those within the jurisdiction of the court?
notice to attend the examination has been served on him,
A. Yes. Though separate trial necessarily requires a repetition
shall be conducted in the same manner as an examination
of the presentation of the same evidence causing
at the trial. Failure or refusal of the accused to attend the
inconvenience and expense on the part of the government, it
examination after notice shall be considered a waiver. The
cannot be given preference however, over the right to speedy
statement taken may be admitted in behalf of or against
trial and the protection of the person’s life, liberty or property
the accused. (7a)
(Dacanay vs People, 240 SCRA 482)
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Q. If there are several accused whose defenses are they may be witnesses for the state when, after requiring
antagonistic against each other, can separate trial be had? the prosecution to present evidence and the sworn
A. Yes, in fact, it can be had even after the prosecution had statement of each proposed state witness at a hearing in
finished presenting its evidence in chief (Joseph vs Villaluz, support of the discharge, the court is satisfied that:
G.R. No. L-46329, April 10, 1979)
(a) There is absolute necessity for the testimony of the
Q. When should the motion for separate trial be accused whose discharge is requested;
made?
(b) The is no other direct evidence available for the proper
A. Though Sec. 16, Rule 119 of the ROC does not state
prosecution of the offense committed, except the testimony
when the motion for separate trial should be made, it
of said accused;
must be filed before the commencement of the trial
(People vs Torres, 62 Phil. 942). (c) The testimony of said accused can be substantially
corroborated in its material points;
Q. Is the grant of separate trial mandatory or
(d) Said accused does not appear to be the most guilty; and
discretionary
A. Discretionary (Joseph vs Villaluz, G.R. No. L-46329, (e) Said accused has not at any time been convicted of any
Paril 10, 1979 offense involving moral turpitude.
NOTE: MTD based on Sec. 9, Rule 119 of the Evidence adduced in support of the discharge shall
ROC must be filed before trial; M for ST under automatically form part of the trial. If the court denies the
Sec. 16, Rule 119 of the ROC must also be filed motion for discharge of the accused as state witness, his
before trial. sworn statement shall be inadmissible in evidence. (9a)**
Q. What are the types of statutory immunity under Sec. 17,

Rule 119 of the ROC?
Section 17. Discharge of accused to be state witness. — When
A. (i) transactional immunity; and
two or more persons are jointly charged with the
(ii) use-and-derivative use immunity
commission of any offense, upon motion of the prosecution
before resting its case, the court may direct one or more of
Q. What is transactional immunity?
the accused to be discharged with their consent so that
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A. By its grant, a witness can no longer be prosecuted for any state witness?
offense whatsoever arising out of the act or transaction. A. A motion to discharge an accused as state witness should
be made by the prosecution before resting its case (Sec. 17,
Q. What is use and derivative use immunity? Rule 119 of the ROC). The motion is sufficient if it contains
A. By its grant, a witness is only assured that his or her what relief the movant is praying for. The only requirement is
particular testimony and evidence derived from it will not be that a hearing on the motion be had (Chua vs CA, 261 SCRA
used against him or her in a subsequent prosecution (Mapa vs 115).
Sandiganbayan, 231 SCRA 783)
Q. Is a hearing necessary on the motion to discharge?
Q. What are the modes of becoming a state witness? A. Yes and the prosecution is required to present evidence to
A. The 2 modes of becoming a state witness are justify such discharge. The court shall likewise require the
(i) by discharge from a criminal case pursuant to Sec. 17, Rule prosecution to submit the sworn statement of each proposed
119 of the ROC; and state witness in support of the discharge (Sec. 17, Rule 119 of
(ii) by approval of his application for admission into the the ROC).
Witness Protection Program of the DOJ in accordance with RA
NOTE: In petition for bail and motion for discharge as
6981.
state witness, the prosecution is required to present
NOTE: The immunity for the state witness under RA evidence; the difference lies in the party filing the
6981 is granted by the DOJ, not by the trial court petition or motion, i.e., in petition for bail, it is the
(Ampatuan vs De Lima, G.R. 197291, April 3, 2013). accused who files the petition while in motion for
discharge as a state witness, it is the prosecution who
Q. Who has the right to determine who should be used as a
files the motion
state witness?
A. The prosecution has the right to decide who should be used Q. Is the discharge of the accused as a state witness
as a state witness but its decision is made subject to the discretionary upon the court?
approval of the court trying the case (Mapa vs Sandiganbayan, A. Yes (People vs Peralta, 343 SCRA 221)
231 SCRA 783).
Q. What are the conditions for the discharge of state
Q. How and when do you discharge an accused to become a
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REMEDIAL LAW
witness? requirement that the witness does not appear to be
A. see Sec 17, Rule 119 of the ROC the most guilty?
A. It means the highest degree of culpability in terms
Q. What is the concept of absolute necessity?
of participation in the commission of the offense and
A. There is absolute necessity when he alone has
not necessarily the severity of the penalty imposed; it
knowledge of the crime and not when his testimony
does not mean that he must be the least guilty (People
would simply corroborate or otherwise strengthen the
vs Ocimar, 212 SCRA 646). The law looks at his actual
evidence in the hands of the prosecution (Chua vs CA,
and individual participation in the commission of the
261 SCRA 115).
crime.
Q. Give example of Sec. 17(b) of Rule 119 of the Q. Can a conspirator be discharged as state
ROC? witness?
A. In a conspiracy which was done in secret, there is a A. Yes(People vs Ocimar, 212 SCRA 646)
necessity to discharge one of the accused to provide
direct evidence of the commission of the crime for who NOTE: In effect, the rule “act of one is the act of
else outside the conspiracy can testify on what was all” is not applicable in discharge of state
concocted between the conspirators, but they witness because what the law prohibits is that
themselves (Chua vs CA, 261 SCRA 115). the most guilty will be set free while his
co-accused who are less guilty will be sent to
Q. Can another accused be discharged as a state jail (People vs Ocimar, 212 SCRA 646)
witness to substantially corroborate the testimony
Section 18. Discharge of accused operates as acquittal. — The
of a previously discharged state witness under Sec.
order indicated in the preceding section shall amount to an
17(c) Rule 119 of the ROC?
acquittal of the discharged accused and shall be a bar to
A. Yes if there are no other prosecution witness to
future prosecution for the same offense, unless the accused
corroborate the testimony of a previously discharged
fails or refuses to testify against his co-accused in
state witness (People vs Peralta, 343 SCRA 221).
accordance with his sworn statement constituting the basis
for the discharge. (10a)
Q. What do you mean by “most guilty” in the
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Q. What is the effect of discharged of co-accused? Q. Is the testimony of an erroneously discharged
A. The discharge of an accused as state witness shall amount state witness admissible?
to an acquittal from the offense charged. It shall be a bar to A. Yes (People vs de Guzman, 326 SCRA 131).
future prosecution for the same offense, unless the accused
SALVANERA vs. PEOPLE
fails or refuses to testify against his co-accused in accordance
with his sworn statement constituting the basis of his Crime/s: MURDER
discharge (Sec. 18, Rule 119 of the ROC).
Facts:
Q. Is an accused entitled to acquittal in case of an Salvanera, et al. are charged with the murder of Ruben
erroneous discharge as a state witness? Parane. All the accused have been arrested and detained,
A. In case of error by the prosecution in asking for a discharge except Lungcay. The prosecution moved for the discharge
of accused Abutin and Tampelix, to serve as state
of an accused and by the trial court in granting the discharge,
witnesses.
the discharged accused would not be deprived of an acquittal
and the constitutional guaranty against double jeopardy, as Issue:
long as there is no question of jurisdiction involved (People vs Whether the discharge of accused Abutin and Tampelix to
Verceles, 388 SCRA 515). become state witnesses was proper
Ruling:
Q. Once the discharged of an accused has been effected,
can it be recalled by an order of the court?
A. As a rule NO. However, if the accused fails or refuses to
testify pursuant to his commitment, the order of discharge can Section 19. When mistake has been made in charging the
be recalled (People vs de Guzman, 326 SCRA 131). proper offense. — When it becomes manifest at any time
before judgment that a mistake has been made in charging
Q. What if the ground for recall is that not all the
the proper offense and the accused cannot be convicted of
requisites for discharge of an accused are present,
the offense charged or any other offense necessarily
can an order of recall be validly made?
included therein, the accused shall not be discharged if
A. No (People vs de Guzman, 326 SCRA 131).
there appears good cause to detain him. In such case, the
court shall commit the accused to answer for the proper
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offense and dismiss the original case upon the filing of the communicate with the Secretary of Justice in order that the
proper information. (11a) latter may appoint an acting prosecutor. (12a)
NOTE: Sec 19, Rule 119 of the ROC speaks of “offense proved”
vs “offense charged”. This rule applies if the offense proved is Section 21. Exclusion of the public. — The judge may, motu
different from the offense charged and such offense proved proprio, exclude the public from the courtroom if the
does not include or is not necessarily included in the offense evidence to be produced during the trial is offensive to
charged. decency or public morals. He may also, on motion of the
accused, exclude the public from the trial, except court
Q. What shall the court do if the offense proved is different
personnel and the counsel of the parties. (13a)
from the offense charged and such offense proved does not
include or is not necessarily included in the offense Q. Can the judge exclude the public from the courtroom?
charged? A. Yes (see Sec. 21, Rule 119 of the ROC). The sitting of every
A. “The accused shall not be discharged if there is good cause court of justice shall be public, but any court may, in its
to detain him” (see Sec. 19, Rule 119 of the ROC) discretion, exclude the public when the evidence to be
adduced is of such nature as to require their exclusion in the
NOTE: An accused cannot be convicted of an offense
interest of morality and decency.
unless it is clearly charged in the complaint or
information. To convict him of an offense other than
Q. Can the prosecutor move for the exclusion of the public?
that charged in the complaint or information would be
A. No. Only the court on its motion or on motion of the
violative of the constitutional right to be informed of
accused.
the nature and cause of the accusation against him
(Evangelista vs People, 337 SCRA 671).
Section 20. Appointment of acting prosecutor. — When a Section 22. Consolidation of trials of related offenses. —
prosecutor, his assistant or deputy is disqualified to act due Charges for offenses founded on the same facts or forming
to any of the grounds stated in section 1 of Rule 137 or for part of a series of offenses of similar character may be tried
any other reasons, the judge or the prosecutor shall jointly at the discretion of the court. (14a)
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Q. What is consolidation? Section 23. Demurrer to evidence. — After the prosecution
A. Consolidation is the act or process of uniting several actions rests its case, the court may dismiss the action on the
into one trial and judgment, by order of a court, where all the ground of insufficiency of evidence (1) on its own initiative
actions are between the same parties, pending in the same after giving the prosecution the opportunity to be heard or
court and involving substantially the same subject matter, (2) upon demurrer to evidence filed by the accused with or
issues and defenses. without leave of court.
If the court denies the demurrer to evidence filed with

Q. When is consolidation proper?
leave of court, the accused may adduce evidence in his
A. Consolidation of several cases is proper if they involve the
defense. When the demurrer to evidence is filed without
same parties and the same subject matter.
leave of court, the accused waives the right to present
evidence and submits the case for judgment on the basis of
Q. If several cases involve the same parties and the same
the evidence for the prosecution. (15a)
subject matter, is consolidation mandatory on the part of
the court? The motion for leave of court to file demurrer to evidence
A. Consolidation of cases is addressed to the sound discretion shall specifically state its grounds and shall be filed within
of the court or it is a judicial prerogative. a non-extendible period of five (5) days after the
prosecution rests its case. The prosecution may oppose the
Q. Give an example. motion within a non-extendible period of five (5) days from
A. Three accused were separately charged in three its receipt.
informations for the same acts of falsification, and the
If leave of court is granted, the accused shall file the
informations were consolidated and jointly tried, the
demurrer to evidence within a non-extendible period of ten
consolidated and joint trial has the effect of making the three
(10) days from notice. The prosecution may oppose the
accused co-accused or joint defendants. There having been a
demurrer to evidence within a similar period from its
consolidation of the three cases, the several actions lost their
receipt.
separate identities and became a single action in which a
single punishment is rendered (People vs Sandiganbayan, 275 The order denying the motion for leave of court to file
SCRA 505). demurrer to evidence or the demurrer itself shall not be
reviewable by appeal or by certiorari before judgment. **
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A. He must ORALLY move for leave of court to file a
Q. What is demurrer to evidence? demurrer to evidence.
A. It is an objection by one of the parties in an action, to the
Q. What is the importance of moving for
effect that the evidence which his adversary produced is
leave of court to file demurrer to evidence?
insufficient in point of law, whether true or not, to make out a
A. The accused’s right to present evidence is not
case or sustain the issue (Ong vs. People, 342 SCRA 372).
forfeited.
Q. When do you file a demurrer to evidence?
A. The demurrer to evidence must be filed within a Q. Is the power of the court to grant the
non-extendible period of 10 calendar days from the motion for leave of court discretionary?
date leave of court is granted days (OCA Circular A. Yes (Bernardo vs CA, 278 SCRA 782).
101-2017)
Q. If the motion for leave of court is granted, what must the
NOTE: MTQ – filed before arraignment, as a rule MTD accused do?
based on Sec. 9, Rule 119 – filed before trial M for ST A. He must file the demurrer to evidence within a
– filed before trial M for D as SW – filed before non-extendible period of 10 days. Note that “motion for leave
prosecution rests its case DTE with LOC – filed within a of court to file demurrer to evidence” is different from
non-extendible period of 10 days from date LOC is “demurrer to evidence” perse.
granted DTE without LOC – OCA Circular 101-2017 is
silent Q. If the motion for leave of court is denied, what must the
accused do?
Q. Can the court, on its own initiative, dismiss the A. The accused must present his evidence. The denial is an
case based on demurrer to evidence? interlocutory order and cannot be the subject of appeal
A. Yes (Alarilla vs Sandiganbayan, 338 SCRA 485). If convicted, he
can now file an appeal.
Q. If the accused wants to preserve his right to
present evidence but he wants to file a demurrer to Q. Can the accused file directly a demurrer to evidence
evidence, what must he do? without filing a “motion for leave of court to file demurrer
to evidence”?
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A. Yes be disturbed even by the appellate court unless there is
grave abuse of discretion amounting to lack or excess
Q. What if the demurrer to evidence which was directly of jurisdiction. It is an interlocutory order and cannot
filed was granted, what will happen to the case? be the subject of appeal (Alarilla vs. Sandiganbayan,
A. The court shall dismiss the case 338 SCRA 485). The rule is that certiorari does not lie
to review a trial court’s interlocutory order denying a
Q. Does it have the effect of acquittal that would
demurrer to evidence (Ong vs People, 342 SCRA 372).
entitle the accused to claim double jeopardy?
Although there may be an error of judgment in denying
A. Yes (Ong vs. People, 342 SCRA 372)
the demurrer to evidence, this cannot be considered as
Q. What if the demurrer to evidence which was directly grave abuse of discretion correctible by certiorari
filed was denied or filed without leave of court, what will (Resoso vs Sandiganbayan, 319 SCRA 238).
happen to the accused?
Q. What evidence shall be considered by the court in
A. His right to present evidence is waived (Bernardo vs CA, 278
demurrer?
SCRA 782). Hence, the court should render judgment based on
A. A demurrer to evidence must be resolved on the basis of the
the evidence of the prosecution.
evidence for the prosecution (Sec. 23, Rule 119 of the ROC).
Q. What is the purpose of this rule, i.e., that the The court must pass upon the sufficiency of the evidence of
accused right to present evidence is deemed the prosecution.
waived?
SALAZAR vs PEOPLE
A. To avoid the dilatory practice of filing motions for
dismissal as a demurrer to the evidence and, after
denial thereof, the defense would then claim the right Crime/s:
to present evidence (People vs Tolentino, 546 SCRA
671). Facts:
Q. Can an accused appeal the denial of his demurrer Issue:

W/N The decision of the RTC is proper pertaining to the
to evidence? Civil aspect of the case.
A. No. The denial of the demurrer to evidence cannot
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Ruling: Q. Can the prosecution file a motion for new trial?
No, If demurrer is granted and the accused is acquitted A. No.Only the accused.
by the court, the accused has the right to adduce
evidence on the civil aspect of the case , unless the NOTE: Motion to Exclude the public – may be made by
court also declares that the act or omission from which the court and upon motion of the accused only Motion
the civil liability may arise did not exist. If the trial for Re-Opening of the case – may be made by the
court issues an order or renders judgment not only
court, and upon motion of the accused or the
granting the demurrer to evidence of the accused and
acquitting him but also on the civil liability of the prosecution Motion for New Trial – may be made by
accused to the private offended party, said judgment the court and upon motion of the accused only
on the civil aspect of the case would be a nullity for the
reason that the constitutional right of the accused to
due process is thereby violated.
RULE 120 Judgment
Section 24. Reopening. — At any time before finality of the Section 1. Judgment definition and form. — Judgment is the
judgment of conviction, the judge may, motu proprio or adjudication by the court that the accused is guilty or not
upon motion, with hearing in either case, reopen the guilty of the offense charged and the imposition on him of
proceedings to avoid a miscarriage of justice. The the proper penalty and civil liability, if any. It must be
proceedings shall be terminated within thirty (30) days written in the official language, personally and directly
from the order grating it. (n) prepared by the judge and signed by him and shall contain
clearly and distinctly a statement of the facts and the law
Q. What do you mean by re-opening of a case? upon which it is based. (1a)
A. Reopening a case is to permit the introduction of new
evidence and, practically to permit a new trial (Black’s Law Q. What is judgment?
Dictionary). A. It is the adjudication by the court that the accused is guilty
or not guilty of the offense charged and the imposition on him
Q. Who can file or move for the re-opening of the case? of the proper penalty and civil liability, if any (Sec. 1, Rule 120
A. It can be filed by either the prosecution or the defense or of the ROC). The judgment must be written in the official
motu propio by the court. language, personally and directly prepared by the judge and
signed by him and shall contain clearly and distinctly a
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statement of the facts and the law upon which it is based (Sec.
1, Rule 120 of the ROC). It is based on Sec. 14, Art. VIII, 1987 Q. Is a judgment signed by the judge but
Constitution which states that “No decision shall be rendered promulgated after his retirement valid?
by any court without expressing therein clearly and distinctly A. No (People vs CA, 99 Phil. 789)
the facts and the law on which it is based”.
Q. Is it required that the judge who heard the case
Q: What are the Formal Requisites of Judgment? should pen the decision?
A: The formal requisites are: (WPC) A. No (People vs Espinola, 271 SCRA 689).
1. Written in official language. NOTE: It is not necessary that the judge who tried the
2. Personally and directly prepared and signed by the case be the same judicial officer to decide it.
judge; and Regardless if the judge who rendered the judgment
3. must Contain clearly and distinctly a statement of was not the one who had the occasion to observe the
facts, and the law upon which it is based. demeanor of the witnesses during trial, yet relied on
the records of the case, especially where the evidence
NOTE: A verbal judgment is incomplete and invalid as it does on record is sufficient to support its conclusion.
not contain findings of fact and is not signed by the judge. The
infirmity, however, may be corrected by a subsequent Q. Is a judgment written entirely in Pilipino valid?
full-blown judgment. There can be no oral judgment. A. Yes because Pilipino is an official language of the
Philippines. The law says “it must be written in the
Q: What are the Jurisdictional requirements? official language...”
A: The jurisdictional requirements are: (STP)
Q. What is the effect if the judge fails to render the decision
1. jurisdiction over Subject Matter; within the period allotted by law?
2. jurisdiction over Territory; A. Failure of the judge to render a decision within the allotted
3. jurisdiction over the Person of the accused. period constitutes gross inefficiency warranting imposition of
administrative sanction (Echavez vs Fernandez, A.M.
RTC-00-1596, Feb. 19, 2002).
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NOTE: The dismissal made in open court, which was not enforcement of the civil liability by a separate civil action
reduced in writing, is not a valid dismissal or termination of has been reserved or waived.
the case. The verbal order does not exist at all in
contemplation of law. In case the judgment is of acquittal, it shall state whether
the evidence of the prosecution absolutely failed to prove
Remedy: File a mandamus to compel the judge to put in the guilt of the accused or merely failed to prove his guilt
writing the decision of the court. beyond reasonable doubt. In either case, the judgment
shall determine if the act or omission from which the civil
Q. What is the period for rendition of judgment in cases liability might arise did not exist. (2a)
covered by the Rules on Summary Procedure?
A. 30 days following the receipt of the last affidavit and Q: What must be stated in the judgment of conviction?
position paper or the expiration of the period for filing the A:
same (Cruz vs Pascual, 244 SCRA 111).
1. The legal qualifications of the offense constituted by
Q. How about in drugs cases? the acts committed by the accused, and the
A. 15 days from the date of submission of the case for aggravating or mitigating circumstances attending its
resolution (Sec. 90, RA 9165) commission;
2. The participation of the accused, whether as principal,
accessory or accomplice;
Section 2. Contents of the judgment. — If the judgment is of 3. The penalty imposed upon the accused,and
conviction, it shall state (1) the legal qualification of the 4. The civil liability or damages caused by the wrongful
offense constituted by the acts committed by the accused act or omission, unless a separate civil action has been
and the aggravating or mitigating circumstances which reserved or waived.
attended its commission; (2) the participation of the
accused in the offense, whether as principal, accomplice, or Q: If the Information is for murder with treachery and
accessory after the fact; (3) the penalty imposed upon the evident premeditation but the judgment/decision of
accused; and (4) the civil liability or damages caused by his conviction for murder was silent about the presence or
wrongful act or omission to be recovered from the accused absence of these qualifying circumstances, is the decision
by the offended party, if there is any, unless the valid?
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A. No because a judgment of conviction must state the legal Q. Aside from proving the commission of the crime,
qualifications of the offense (People vs de Leon, 356 SCRA the prosecution must also prove the author of the
471). crime; is the failure of the prosecution witness to
positively identify the assailant in court fatal to the
Q. Should the aggravating and mitigating circumstances cause of the prosecution?
attendant to the commission of the crime be stated in the A. Yes.
judgment of conviction?
A. Yes (People vs Bonito, 342 SCRA 405). Q. At what stage of the criminal proceeding
can the identity of the accused be
Q. Is penalty alone in a judgment of conviction without established?
stating the basis of the imposition of the penalty valid? A. During pre-trial and trial.
A. No (People vs Cayago, 312 SCRA 623).
NOTE: But while positive identification by a
Q. Must the judgment of conviction include the civil liability
witness is required by law to convict an
or damages to be recovered from the accused?
accused, it need not always be by means of a
A. The judgment of conviction must state the civil liability or
physical courtroom identification (People vs
damages to be recovered from the accused by the offended
Quezada, 425 Phil. 877). Physical courtroom
party, if there is any, unless the enforcement of the civil
identification is essential only when there is
liability by a separate civil action has been reserved or waived
question or doubt on whether the one alleged
(Sec. 2, Rule 120 of the ROC).
to have committed the crime is the same person
NOTE: The court should prescribe the correct penalties in strict charged in the information (People vs Mapalo,
observance of the RPC. Otherwise, the penalty prescribed is G.R. 172608, Feb. 6, 2007).
invalid, and will not attain finality.
(ii) proof of the elements of the crime;
Q. What are the important facts that must be proven by the
(iii) proof of degree of culpability, i.e., whether as principal,
prosecution?
accomplice or accessory
A. (i) proof of commission of the crime and its author;
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Q. When does the judgment of acquittal extinguish the
(iv) proof of minority in rape cases. liability of the accused for damages?
A. The judgment of acquittal, whether it absolutely failed to
Q. Is the prosecution required to prove the prove the guilt of the accused or merely failed to prove the
minority of the rape victim even if the guilt of the accused beyond reasonable doubt, extinguishes
accused does not deny it? the liability of the accused for damages only when it includes
A. Yes (People vs Galas, 354 SCRA 722). a declaration that the facts from which the civil liability might
arise did not exist.
Q. What if the minority is admitted by the
defense counsel? Q. Does a judgment of acquittal based on reasonable doubt
A. The age of the minor rape-victim must still extinguish the civil liability of the accused? Why?
be proved by the prosecution (People vs Tundag, A. As a rule - NO (Padilla vs CA, 129 SCRA 558) because only
342 SCRA 704). Failure to sufficiently establish preponderance of evidence is required in civil cases (De
the victim’s age by independent evidence is a Guzman vs Alvia, 96 Phil. 558).
bar to conviction of rape in its qualified form
(People vs Vargas, 257 SCRA 603). Q. Is the judgment of acquittal immediately final and
executory?
(v) proof of circumstantial evidence A. Yes. It is called the finality of acquittal rule, meaning – the
judgment of acquittal is non-appealable (Cruz vs CA, 388 SCRA
Q. What should a judgment of acquittal contain?
72).
Q. What are the kinds of acquittal and their effects on the
1. Whether the evidence of the prosecution absolutely
civil liability of the accused?
failed to prove the guilt of the accused or merely failed
A. There are 2 kinds of acquittal with different effects on the
to prove his guilt beyond reasonable doubt; and
civil liability of the accused:
2. In either case, the judgment shall determine if the act
or omission from which the civil liability might arise (a) acquittal on the ground that the accused is not the author
did not exist. of the act or omission complained of – the effect is the
accused will not incur any civil liability based on delict
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because a person who is found to be not the author of the act Damages awarded in criminal cases:
or omission can never be held liable for such act or omission; A: Civil Indemnity, Moral Damages and Exemplary Damages
and if there is any civil action, the same may be instituted on (Actual and Temperate damages)
grounds other than delict.
1. Civil Indemnity - awarded to the offended party as a
(b) acquittal based on reasonable doubt on the guilt of the kind of monetary restitution or compensation to the
accused – the effect is the accused is not exempt from civil victim for the damage or infraction that was done to
liability which may be proved by preponderance of evidence the latter by the accused, which in a sense only covers
the civil aspect (apart from actual damages)
Q. What is reasonable doubt?
A. By reasonable doubt is not meant that which of the 2. Moral Damages- awarded to compensate one for
possibility may arise, but it is that doubt engendered by an manifold injuries such as physical suffering, mental
investigation of the whole proof and an inability after such anguish, serious anxiety, besmirched reputation,
investigation, to let the mind rest upon the certainty of guilt. wounded feelings and social humiliation. These
Absolute certainty of guilt is not demanded by law to convict damages must be understood to be in the concept of
but only moral certainty (People vs Uy, 338 SCRA 232) grants not punitive or corrective in nature, calculated
to compensate the claimant for the injury suffered and
A: Reasonable doubt is that which after full consideration of
all evidence leaves the mind of the judge in such a condition 3. Exemplary Damages- known as “punitive” or
that he cannot say that he feels an abiding conviction, to a “vindictive” damages, intended to serve as a deterrent
moral certainty of the truth of the charge. to serious wrong doings and as a vindication of undue
suffering and wanton invasion of the rights of an
Q. Is an Affidavit of Desistance by itself a ground for the injured person or a punishment for those guilty of
dismissal of the criminal case after the institution of the outrageous conduct.
action?
A. No (Sta. Catalina vs People, G.R. 167805, Nov. 14, 2008)
Section 3. Judgment for two or more offenses. — When two
or more offenses are charged in a single complaint or
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REMEDIAL LAW
information but the accused fails to object to it before trial, Q. Where the information charges the accused with the
the court may convict him of as many offenses as are complex crime of robbery with rape but during the trial it
charged and proved, and impose on him the penalty for was proven that the accused raped the victim and
each offense, setting out separately the findings of fact and thereafter robbed her of her valuables, can the accused be
law in each offense. (3a) convicted of the separate crimes of rape and robbery?
A. Yes (People vs Tano, 331 SCRA 449).
Q. When two or more offenses are charged in a single Q. Where the accused was charged under 2 separate
complaint or information and the accused fails to object to informations of rape and homicide and the same were tried
it before trial, can the accused be convicted of as many jointly, can the accused be convicted of the complex crime
offenses as are charged and proved? of rape with homicide?
A. Yes (People vs de los Santos, 355 SCRA 415) A. No (People vs de Vera, 308 SCRA 15).
EXAMPLE: one criminal case number for BP 22 but the body of NOTE: Sec. 3, Rule 120 & Sec. 3, Rule 117 of the ROC speak
the complaint/information also charges estafa, the accused of duplicitous offenses in a single complaint or information
can be convicted of both BP 22 and estafa where you can ask for the quashal/dismissal of the same.
Q. Where the information charges only one offense but The difference lies in that
several offenses were proven during the trial, can the under Sec. 3, Rule 120 of the ROC, you can file the MTQ/MTD
accused be convicted of the offenses proven during the before trial
trial? but under Sec. 3, Rule 117 of the ROC, you can file the
A. No (People vs del Mundo, 356 SCRA 45). MTQ/MTD before arraignment.
EXAMPLE: one criminal case number for BP 22 and the body

of the complaint/information also charges the offense of BP 22
only but during the trial estafa was also proved aside form BP Section 4. Judgment in case of variance between allegation
22, the accused can be convicted only of BP 22 and proof. — When there is variance between the offense
charged in the complaint or information and that proved,
and the offense as charged is included in or necessarily
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includes the offense proved, the accused shall be convicted Example:
of the offense proved which is included in the offense Offense charged- Murder; Offense Proved- Homicide
charged, or of the offense charged which is included in the Accused shall be convicted of HOMICIDE, the offense proved.
offense proved. (4a) Homicide is included in the offense charged, which is
MURDER.
Variance Doctrine
A: When there is a variance between the offense charged in Q. When is an offense charged included in the offense
the C/I and that proved, and the offense as charged is included proved?
or necessarily includes the offense proved, the accused shall A. An offense charged is necessarily included in the offense
be convicted of the offense proved which is included in the proved, when the essential ingredients of the offense charged
offense proved. constitute or form part of those constituting the offense
proved.
Section 5. When an offense includes or is included in another. Q. Accused was charged with rape, can he be convicted of
— An offense charged necessarily includes the offense the crime of acts of lasciviousness which was the offense
proved when some of the essential elements or ingredients proven during the trial?
of the former, as alleged in the complaint or information, A. Yes (People vs Laguerta, 344 SCRA 453)
constitute the latter. And an offense charged is necessarily
included in the offense proved, when the essential Q. Accused was charged with serious illegal detention, can
ingredients of the former constitute or form a part of those he be convicted of the crime of grave coercion which was
constituting the latter. (5a) the offense proven during the trial?
A. Yes (People vs Villamar, 298 SCRA 398).
Q. When does an offense charged include the offense
proved? Q. Accused was charged of a graver offense but during the
A. An offense charged necessarily includes the offense proved trial a lesser offense includible within the offense charged
when some of the essential elements or ingredients of the was only proved, can he be convicted of the lesser offense
offense charged, as alleged in the complaint or information, if it has already prescribed?
constitute the offense proved. A. No (Magat vs People, 201 SCRA 21).
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Q. Can an accused be convicted for a greater offense than counsel or representative. When the judge is absent or
charged in the complaint or information? outside of the province or city, the judgment may be
A. No. An accused cannot be convicted of any offense unless it promulgated by the clerk of court.
is charged in the complaint or information on which he is tried
(U.S. vs Campo, 23 Phil. 368) If the accused is confined or detained in another province
or city, the judgment may be promulgated by the executive
Examples: judge of the Regional Trial Court having jurisdiction over
the place of confinement or detention upon request of the
1. Theft is included in Robbery court which rendered the judgment. The court
2. Robbery is included in Brigandage promulgating the judgment shall have authority to accept
3. Slight/ Less Serious and Serious Physical Injuries the notice of appeal and to approve the bail bond pending
included in Attempted Homicide appeal;provided, that if the decision of the trial court
4. Estafa is included in Malversation convicting the accused changed the nature of the offense
5. Illegal Detention is included in Forcible Abduction from non-bailable to bailable, the application for bail can
6. SPI is not included un Frustrated Homicide as mortal only be filed and resolved by the appellate court.
wound in the latter negates minor injuries only
7. Slight, Less Serious and Serious Physical Injuries not The proper clerk of court shall give notice to the accused
included in Homicide as latter involves the death of the personally or through his bondsman or warden and
victim, counsel, requiring him to be present at the promulgation of
8. Rape is not included un Qualified Seduction; the decision. If the accused tried in absentia because he
9. Consented Abduction is not included in Seduction. jumped bail or escaped from prison, the notice to him shall
be served at his last known address.
In case the accused fails to appear at the scheduled date of

Section 6. Promulgation of judgment. — The judgment is promulgation of judgment despite notice, the promulgation
promulgated by reading it in the presence of the accused shall be made by recording the judgment in the criminal
and any judge of the court in which it was rendered. docket and serving him a copy thereof at his last known
However, if the conviction is for a light offense, the address or thru his counsel.
judgment may be pronounced in the presence of his
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(Ii) Judgment must have been rendered by the judge and
If the judgment is for conviction and the failure of the promulgated by during his Incumbency
accused to appear was without justifiable cause, he shall
lose the remedies available in these rules against the (iii) The judgment must be read in its Entirety for jeopardy to
judgment and the court shall order his arrest. Within fifteen validly terminate.
(15) days from promulgation of judgment, however, the
accused may surrender and file a motion for leave of court NOTE: The judgment must be read in its entirety. The mere
to avail of these remedies. He shall state the reasons for his reading of the dispositive portion is not sufficient.
absence at the scheduled promulgation and if he proves
Q. Distinguish promulgation from rendition of judgment?
that his absence was for a justifiable cause, he shall be
A. P – is the reading of the judgment in the presence of the
allowed to avail of said remedies within fifteen (15) days
accused and the judge of the court in which it was rendered
from notice. (6a)
R – is the filing of the decision, judgment or order with the
clerk of court and not the date of writing of the decision or
Q. What is promulgation of judgment? judgment (Echaus vs CA, G.R. 57343, July 23, 1990)
A. Promulgation of judgment is an official proclamation or
NOTE: In the SC & CA, the judgment is promulgated by
announcement of the decision of the court (Pascua vs CA, 348
delivering the signed copy of the judgment for filing to the
SCRA 197). The judgment is promulgated by reading it in the
clerk of court who causes true copies thereof to be served upon
presence of the accused and any judge of the court in which it
the parties or their counsel (Sec. 9, Rule 51 of the ROC). On the
was rendered (Sec. 6, Rule 120 of the ROC).
other hand, the judgment is rendered by the members of the
court who participated in the deliberation on the merits of the
Q: What are the rules on the validity of promulgation of
case before its assignment to a member for the writing of the
Judgment? (PIE)
decision (Sec. 9, Rule 51 of the ROC).
A:
(i) Judgment must have been rendered in the Proper form, not Q. Is presence of the accused at the promulgation
merely orally promulgated. mandatory?
A. Yes. The presence in person of the accused at the
promulgation is mandatory in all cases except
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(a) where the conviction is for a light offense, in which case A. The judgment can no longer be validly promulgated
the accused may appear through counsel or representative (Jandayan vs Ruiz, G.R. 37471, Jan. 25, 1980)
(Sec. 6, Rule 120 of the ROC);
(b) where the judgment is for acquittal, in which case the Q. Can there be promulgation in absentia?
presence of the accused is not necessary (Pascua vs CA, 348 A. Yes. In case the accused fails to appear at the scheduled
SCRA 197); ( promulgation despite notice, the promulgation shall be made
c) where the accused was tried in absentia, in which case by recording the judgment in the criminal docket and serving
notice of promulgation of judgment is sufficient. him a copy thereof at his last known address or through his
counsel (Sec. 6, Rule 120 of the ROC) and if the judgment is for
Q. Does absence of accused’s counsel during the conviction and the accused’s failure to appear was without
promulgation violative of the right of the accused to justifiable cause, the court shall further order the arrest of the
counsel and affect the validity of the promulgation? accused (Pascua vs CA, 348 SCRA 197).
A. No (Pascua vs CA, 348 SCRA 197).
Q: Essential elements of promulgation in absentia (Must be
Q. Who promulgates the judgment? present for it to be considered valid)
A. (i) the judgment shall cause to be promulgated by the judge A: (i) The judgment is recorded in the criminal docket; and
of the court where the judgment is rendered;
(ii) A copy thereof is served upon the accused in his last known
(ii) when the judge is absent or outside the province or city, address or to his counsel
the judgment may be promulgated by the clerk of court;
Q. What is the effect of the accused's absence in case of
(iii) if the accused is confined in another province or city, conviction?
judgment may be promulgated by the executive judge of the A. see Sec. 6, last par., Rule 120 of the ROC–
RTC having jurisdiction over the place of confinement or If the judgment is for conviction and the failure of the accused
detention upon request of the court that rendered the to appear was without justifiable cause, he shall lose the
judgment remedies available in these rules against the judgment and
the court shall order his arrest. Within fifteen (15) days from
Q. What if the judge retires prior to the date of promulgation of judgment, however, the accused may
promulgation of the judgment? surrender and file a motion for leave of court to avail of these
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remedies. He shall state the reasons for his absence at the (vii) he may, if qualified, file a petition to be admitted to
scheduled promulgation and if he proves that his absence was probation; and
for a justifiable cause, he shall be allowed to avail of said
remedies within fifteen (15) days from notice. (6a) (viii) he may, in proper cases, file a petition for certiorari under
Rule 65 of the ROC
Q. What are the remedies available to the accused in case
of conviction? (ix) he may apply for modification of judgment under Sec. 7,
A. (i) he can file a motion for reopening of the case at anytime Rule 120 of the ROC (ACCDG. TO MACLAW)
before finality of the judgment of conviction (Sec. 24, Rule 119
NOTE: The term surrender used in the rule visibly
of the ROC)
necessitated his physical and voluntary submission to the
(ii) he may file a motion for new trial before the judgment jurisdiction of the court to suffer any consequences of the
becomes final and executory (Sec. 1, Rule 121 of the ROC) verdict against him. Mere filing of his counsel of the motion
for leave will not suffice.
(iii) he may file a motion for reconsideration of the judgment
before it becomes final and executory (Sec. 1, Rule 121 of the Section 7. Modification of judgment. — A judgment of
ROC) conviction may, upon motion of the accused, be modified or
set aside before it becomes final or before appeal is
(iv) he may appeal from the judgment of conviction within 15 perfected. Except where the death penalty is imposed, a
days from promulgation of judgment (Sec. 1, Rule 122 of the judgment becomes final after the lapse of the period for
ROC) perfecting an appeal, or when the sentence has been
partially or totally satisfied or served, or when the accused
(v) he may file a petition for review on certiorari under Rule 45 has waived in writing his right to appeal, or has applied for
of the ROC before the Supreme Court on pure question of law probation. (7a)
(vi) he may file a petition to be admitted to bail during the Q. Can a judgment of conviction be modified?
pendency of his appeal except when convicted of an offense A. Yes (Sec. 7, Rule 120 of the ROC)
punishable by death, reclusion perpetua or life imprisonment
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Q. Can a judgment of acquittal be modified? Rule 121 of the ROC)
A. No. Otherwise, it will run afoul with the constitutional
guarantee against double jeopardy. (ii) the prosecution
– by filing a motion to reopen the case (Sec. 24, Rule 119 of
Modification of Judgment vs New Trial the ROC)
MODIFICATION OF NEW TRIAL Q. When can a judgment of conviction be not modified?

JUDGMENT
A. When the judgment of conviction becomes final or when
No new hearings or Irregularities are expunged appeal is perfected (Sec. 7, Rule 120 of the ROC)
proceedings of any kind or from the record and/ or new
change in the record or evidence is introduced. Q. When is an appeal perfected?
evidence. A. An appeal is deemed perfected upon the filing of the notice
A simple modification is of appeal; upon the perfection of the appeal, the trial court
made on the basis of what is loses its power to modify or set aside the decision or order a
on record new trial (People vs de la Cruz, 207 SCRA 632)
Q. When does a judgment become final?

Q. Is a judgment of acquittal final upon its promulgation? A. (i) when the period for perfecting an appeal has lapsed
A. Yes (Cruz vs CA, 388 SCRA 72) without the accused having perfected an appeal
Q. When can judgment of conviction be modified? (ii) when the accused partially or totally satisfied or served the
A. It can be modified before it becomes final or before appeal. sentence
Q. Who can move for the modification of judgment? (iii) when the accused has waived in writing his right to appeal
A. (i) the accused
(iv) when the accused has applied for probation (Sec. 7, Rule
– by filing a motion to reopen the case (Sec. 24, Rule 119 of
120 of the ROC)
the ROC)
- by filing a motion for new trial or reconsideration (Sec. 1,
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(v) when the accused withdraws his appeal (Ramos vs Gonong, for probation based on the modified decision before such
72 SCRA 559) decision becomes final.
Section 8. Entry of judgment. — After a judgment has NOTE: The accused shall lose the benefit of probation should
become final, it shall be entered in accordance with Rule he seek a review of the modified decision which already
36. (8) imposes a probationable penalty.
Section 9. Existing provisions governing suspension of Q: When does an offender be disqualified from probation?
sentence, probation and parole not affected by this Rule. — A: An offender is disqualified from probation on the following
Nothing in this Rule shall affect any existing provisions in instances:
(i) Those sentenced to serve a max term of imprisonment of
the laws governing suspension of sentence, probation or more than 6 years
parole. (9a) (ii) Those accused that were charged of subversion or any
crime against national security
(iii) Those previously convicted by final judgment of an offense
GR- No application for probation shall be entertained or punished by imprisonment of more than 6 mos and 1 day and/
granted if the defendant has perfected the appeal from the or a fine of more than P1,000.00
judgment of conviction. (iv) Those who have been once on probation;
(v) Those who are already serving sentence at the time the
probation law of 1976 became applicable.
NOTE: Probation may be granted whether the sentence
imposes a term of imprisonment or a fine only. The filing of
the application shall be deemed waiver of the right to appeal. RULE 121 New Trial or Reconsideration
Section 1. New trial or reconsideration. — At any time before

XPN: When a judgment or conviction imposing a a judgment of conviction becomes final, the court may, on
non-probationable penalty is appealed or reviewed. and such motion of the accused or at its own instance but with the
judgment is modified through the imposition of a consent of the accused, grant a new trial or
probationable penalty, the defendant shall be allowed to apply reconsideration. (1a)
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and render a judgment anew on the ground or errors of law or
Q. What is motion for new trial? fact in the judgment, which requires no further proceedings
A. It is a request that the judge set aside the judgment or (Sec. 3, Rule 12 of the ROC).
verdict and order a new trial on the basis that the trial was
improper or unfair due to specified prejudicial errors that Q. What is the difference between NT & R?
occurred, because of newly discovered evidence (Blacks’ Law A. NT – requires further proceedings
Dictionary)
R – requires no further proceedings
A: The rehearing of a case already decided but before the
Q. Who can file the motion for new trial or reconsideration?
judgment of conviction therein rendered has become final,
A. Only the accused may file a motion for new trial or
whereby error of law or irregularities are expunged from the
reconsideration. The court may, on its own instance but with
record or new evidence is introduced or both steps are taken.
the consent of the accused, grant a new trial or
Q. What is the nature and purpose of new trial? reconsideration (Sec. 1, Rule 121 of the ROC).
A. The purpose of new trial is “to temper the severity of the
Q. Can the prosecution file a motion for new trial or
judgment and prevent the failure of justice”.
reconsideration of a judgment of conviction?
A. No because it will place the accused in double jeopardy.
Q. Distinguish motion for new trial from reopening of trial?
A. NT/R – it may only be filed by the accused or motu propio Q. When can the motion be filed?
by the court with the consent of the accused A. A motion for new trial may be filed at any time before a
judgment of conviction becomes final, that is, 15 days from its
RT – it may be filed by either party or motu propio by the
promulgation or notice (Sec. 1, Rule 121 of the ROC; De Villa
court
vs Director of NBP, G.R. 158802, Nov. 17, 2004).
NT/R– it is governed by Rule 121 of the ROC
Q. What is the effect of filing the motion?
RT – it is governed by Sec. 19, Rule 119 of the ROC A. The period for the perfection of the appeal shall be
interrupted from the time a motion for new trial or
Q. What is a motion for reconsideration? reconsideration is filed until notice of the order overruling the
A. It is request that the judge set aside the judgment or verdict
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motion shall have been served upon the accused (People vs Q. What are the requisites of newly discovered evidence or
Enriquez, 90 Phil. 423). the Berry Rule?
A. (i) the evidence is discovered after trial;
Section 2. Grounds for a new trial. — The court shall grant
a new trial on any of the following grounds: (ii) such evidence could not have been discovered and
produced at the trial even with the exercise of reasonable
(a) The errors of law or irregularities prejudicial to the diligence; and
substantial rights of the accused have been committed
during the trial; (iii) the evidence is material, not merely cumulative,
corroborative, or impeaching, and of such weight that, if
(b) The new and material evidence has been discovered
admitted, could probably change the judgment (People vs
which the accused could not with reasonable diligence Ebias, 342 SCRA 675)
have discovered and produced at the trial and which if
introduced and admitted would probably change the NOTE: These standards are also known as the Berry Rule.
judgment. (2a)
Q. State whether new trial is proper in the following facts.
Q: What are the grounds for NT in Criminal case? A. (i) when the accused demanded his right for the 15 day time
A: see Sec. 2, Rule 121 of the ROC to prepare for trial but was denied (People vsAgbayani, 284
SCRA 284) – proper
1. Errors of law or irregularities prejudicial to the substantial
(ii) if the accused was a deaf-mute, mental retardate with low
rights of the accused have been committed during the trial; or
IQ and was tried without the benefit of a sign language expert
2. New and Material evidence has been discovered which the (People vs Pazaro, 310 SCRA 146) – proper
accused could not with reasonable diligence have discovered
(iii) ignorance, inexperience and incompetence of counsel
after tral and produced at the trial and which if introduced
(People vs Villanueva, 339 SCRA 482) – improper
and admitted would probably change the judgment.
(iv) execution of affidavit of recantation as ground of newly

discovered evidence (People vs Dalabajan, 290
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SCRA 696) – improper; EFFECT
GR: a motion for new trial will not be granted if based on an
affidavit of recantation of a witness whose effect is to free the It is not a ground for NT It is a ground for dismissing
accused from participation in the commission of the crime as it the case only of the
makes a mockery of the court and would place the prosecution can no longer
prove the guilt of the
investigation of truth at the mercy of the unscrupulous accused beyond reasonable
witness. doubt without the testimony
of the offended party.
XPN: When aside from the testimony of the retracting witness,
there is no other evidence to support the conviction of the
accused. In this case, the retraction by the sole witness creates Section 3. Ground for reconsideration. — The court shall
a doubt in the mind of the judge as to the guilt of the accused. grant reconsideration on the ground of errors of law or fact
in the judgment, which requires no further proceedings.
Q: What is recantation? (3a)
A: It is the public and formal withdrawal of a witness of his
prior statement. Q. What are the grounds for reconsideration?
A. see Sec. 3, Rule 121, ROC
RECANTATION vs AFFIDAVIT OF DESISTANCE
(i) Errors of Law in the judgment which requires no further
proceedings; and
RECANTATION AFFIDAVIT OF DESISTANCE (ii) Errors of fact in the judgment which also requires no
further proceedings.
CONTENT
NOTE: Sec. 2(a) of Rule 121 of the ROC & Sec. 3 of the same
A witness who previously The complaint states that he
gave a testimony did not really intend to rule seem to be the same. They are not! Sec.
subsequently declares that institute the case and that 2(a) speaks of a possible new trial wherein the judge
his statements were not true. he is no longer interested in
testifying or prosecuting.
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committed an error of law or irregularity during trial like when To ask the court to To permit the To permit the
he disallowed a certain witness to testify while reconsider its reception of the reception of the
findings of law so as new evidence new evidence and
in Sec. 3, it speaks of a wrong application of the law as to conform to the and extend the extend the
embodied in the judgment rendered by the judge. law applicable in proceedings proceedings
the case
MR vs NT vs RC
MOTION FOR NEW TRIAL REOPENING OF Section 4. Form of motion and notice to the prosecutor. —
RECONSIDERATION THE CASE The motion for a new trial or reconsideration shall be in
AS TO WHEN AVAILABLE writing and shall state the grounds on which it is based. If
based on a newly-discovered evidence, the motion must be
After the judgment After judgment After both parties supported by affidavits of witnesses by whom such
is rendered but is rendered but have rested their evidence is expected to be given or by duly authenticated
before the finality before finality case even before
copies of documents which are proposed to be introduced
judgment is
rendered, but in evidence. Notice of the motion for new trial or
before finality of reconsideration shall be given to the prosecutor. (4a)
judgment
Q: What are the requisites for a Motion for NT or
AS TO HOW MADE Reconsideration?
A: i. Notice of the motion for NT or reconsideration shall be
By motion of the By motion of the By motion of
accused or by the accused or by either party, or by given to the fiscal;
court motu proprio the court motu the court motu
ii. In Writing
but with the proprio but with proprio.
consent of the the consent of
iii. Filed with the court; and
accused. the accused.
AS TO PURPOSE iv. When respect to a Motion for NT- When it is based on newly
discovered evidence, it must be supported by the affidavits of
the witness by whom such evidence is expected to be given, or
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REMEDIAL LAW
duly authenticated copies of documents which it is proposed
to introduce in evidence. (a) When a new trial is granted on the ground of errors of
law or irregularities committed during the trial, all
Section 5. Hearing on motion. — Where a motion for a new proceedings and evidence affected thereby shall be set
trial calls for resolution of any question of fact, the court aside and taken anew. The court may, in the interest of
may hear evidence thereon by affidavits or otherwise. (5a) justice, allow the introduction of additional evidence.
Q. If a motion for new trial or reconsideration is filed, is a (b) When a new trial is granted on the ground of
hearing necessary? newly-discovered evidence, the evidence already adduced
A. Yes shall stand and the newly-discovered and such other
evidence as the court may, in the interest of justice, allow
Q. Is the hearing contemplated under this section for to be introduced shall be taken and considered together
purposes of receiving the alleged newly discovered with the evidence already in the record.
evidence?
A. No. (c) In all cases, when the court grants new trial or
reconsideration, the original judgment shall be set aside or
NOTE: The grant of new trial or taking of additional evidence vacated and a new judgment rendered accordingly. (6a)
rests upon the sound discretion of the court (People vs
Halasan, 20 SCAR 701). NOTE: Once a new trial is granted, the original judgment is
vacated. The mere grant of the motion for new trial operates
Purpose of the Hearing to vacate the original judgment. The effect of granting a new
To determine whether the NT requested should be granted or trial is not to acquit the accused of the crime of which the
not. It is not the NT proper wherein the newly discovered judgment finds him guilty but to set aside the judgment so
evidence, for example, will be received by the court. that the case be trial de novo (Obugan vs People, 244 SCRA
263).
Section 6. Effects of granting a new trial or reconsideration. Q. What is the remedy against an order denying a motion
— The effects of granting a new trial or reconsideration are for new trial or reconsideration?
the following: A. The remedy against an order denying a motion for new trial
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or reconsideration is appeal from the judgment or final order (ii) it throws open the whole case for review whether it is
sought to be set aside or reconsidered (Sec. 9, Rule 37 of the the subject of assignment of errors or not (People vs
ROC). But if there is grave abuse of discretion amounting to Alipayo, 324 SCRA 447) ;
lack or excess of jurisdiction, the aggrieved party is not
precluded from assailing the order of denial by certiorari (Sec. (iii) the accused waives the constitutional right to double
1, Rule 65 of the ROC) jeopardy (People vs Rondero, 320 SCRA 383); (iv) the
judgment may be modified or reversed by the appellate
court (People vs Garcia, 281 SCRA 463)
RULE 122 Appeal Q. Can the prosecution appeal a judgment of acquittal?
Section 1. Who may appeal. — Any party may appeal from a A. As a rule, NO.
judgment or final order, unless the accused will be placed
in double jeopardy. (2a) Q. Is there any exception?
Q. What is appeal? A. Yes, (i) when there is denial of due process or grave
A. Appeal is a resort to a superior court to review the abuse of discretion (People vs Serrano, 315 SCRA 686;
decision of an inferior court or administrative agency People vs Laguio, G.R. 128587, March 16, 2007)
(Black’s Law Dictionary).
Q. Who will file the appeal?
Q. Can the right to appeal be waived?
A. OSG. Only the OSG may represent the People of the
A. Yes. It can be waived (People vs Flore, G.R. 170565,
Philippines on appeal (Soriano vs
January 31, 2006).
Angeles, 339 SCRA 366)
Q. What are the effects of appeal?
A. (i) it stays the execution of the judgment;

Section 2. Where to appeal. — The appeal may be taken as
follows:
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perpetua, or life imprisonment is imposed, shall be by
(a) To the Regional Trial Court, in cases decided by the notice of appeal to the Court of Appeals in accordance with
Metropolitan Trial Court, Municipal Trial Court in Cities, paragraph (a) of this Rule.
Municipal Trial Court, or Municipal Circuit Trial Court;
(d) No notice of appeal is necessary in cases where the
(b) To the Court of Appeals or to the Supreme Court in the Regional Trial Court imposed the death penalty. The Court
proper cases provided by law, in cases decided by the of Appeals shall automatically review the judgment as
Regional Trial Court; and provided in Section 10 of this Rule. (3a) (A.M. No.
(c) To the Supreme Court, in cases decided by the Court of 00-5-03-SC, [September 28, 2004])
Appeals. (1a)
Section 3. How appeal taken. —(a) The appeal to the

Q. How is appeal taken?
Regional Trial Court, or to the Court of Appeals in cases
decided by the Regional Trial Court in the exercise of its A. Sec. 3, Rule 122 of the ROC
original jurisdiction, shall be by notice of appeal filed with
the court which rendered the judgment or final order Q. Where are you going to file the appeal if the penalty
appealed from and by serving a copy thereof upon the imposed by the RTC is reclusion perpetua or life
adverse party. imprisonment?
(b) The appeal to the Court of Appeals in cases decided by A. CA under AM No. 00-5-03-SC effective October 15,
the Regional Trial Court in the exercise of its appellate 2004.
jurisdiction shall be by petition for review under Rule 42.
Q. Is service of the notice of appeal to the offended party
(c) The appeal in cases where the penalty imposed by the himself required? A. Yes if he is not represented by counsel.
Regional Trial Court is reclusion perpetua, life
imprisonment or where a lesser penalty is imposed for Q. How about notice to the public prosecutor? A. It is also
offenses committed on the same occasion or which arose required.
out of the same occurrence that gave rise to the more
serious offense for which the penalty of death, reclusion
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NOTE: If the accused appeals or moves for a notwithstanding failure to give such notice if the interests
reconsideration, he should serve a copy to the offended of justice so require. (5a)
party himself if he is not represented by a private counsel.
This is in addition to service to the public prosecutor who is Section 6. When appeal to be taken. — An appeal must be
the counsel of record of the state (Cruz vs CA, 388 SCRA 72). 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
Section 4. Publication of notice of appeal. — If personal filed until notice of the order overruling the motion shall
service of the copy of the notice of appeal can not be made have been served upon the accused or his counsel at which
upon the adverse party or his counsel, service may be done time the balance of the period begins to run. (6a)
by registered mail or by substituted service pursuant to
sections 7 and 8 of Rule 13. (4a)
Q. What are the modes of service of notice of appeal? A. (i) Q. What is the period for perfecting an appeal?
personal service (Sec. 3, Rule 13 of the ROC)
(ii) service by mail (Sec. 7, Rule 13 of the ROC) (iii)
substituted service (Sec. 8, Rule 13 of the ROC) Q. When is an appeal deemed perfected?
Q. What is the priority among the modes of service? A. A. Upon the filing of a notice of appeal; upon perfection of
personal service the appeal, the trial court loses jurisdiction, i.e., it loses its
power to modify or set aside the decision, or order a new
trial (People vs de la Cruz, 207 SCRA 632)
Q. What is the fresh period rule?
Section 5. Waiver of notice. — The appellee may waive his A. Under Sec. 6, Rule 122 – the period of appeal shall be
right to a notice that an appeal has been taken. The interrupted by the timely filing of a motion for new trial or
appellate court may, in its discretion, entertain an appeal reconsideration until notice of the order overruling the
183
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motion has been served upon the accused or his counsel at
which time the balance of the period begins to run If death penalty is imposed, the stenographic reporter
shall, within thirty (30) days from promulgation of the
Under Neypes vs CA, G.R. 141524, September 15, 2005, the sentence, file with the clerk original and four copies of the
NEW RULE is that the appellant has a fresh period of 15 duly certified transcript of his notes of the proceedings. No
days within which to file his notice of appeal counted from extension of time for filing of said transcript of
receipt of the order denying the motion for new trial or stenographic notes shall be granted except by the Supreme
reconsideration. Court and only upon justifiable grounds. (7a)
NOTE: WHILE THE NEYPES CASE DID NOT SPECIFICALLY Section 8. Transmission of papers to appellate court upon
MENTION SEC. 6, RULE 122, THE FRESH PERIOD TO appeal. — Within five (5) days from the filing of the notice
APPEAL SHOULD EQUALLY APPLY TO THE PERIOD OF of appeal, the clerk of the court with whom the notice of
APPEAL TO CRIMINAL CASES (Yu vs Samson-Tatad, G.R. appeal was filed must transmit to the clerk of court of the
170979, February 9, 2011). appellate court the complete record of the case, together
with said notice. The original and three copies of the
Section 7. Transcribing and filing notes of stenographic transcript of stenographic notes, together with the records,
reporter upon appeal. — When notice of appeal is filed by shall also be transmitted to the clerk of the appellate court
the accused, the trial court shall direct the stenographic without undue delay. The other copy of the transcript shall
reporter to transcribe his notes of the proceedings. When remain in the lower court. (8a)
filed by the People of the Philippines, the trial court shall
direct the stenographic reporter to transcribe such portion Section 9. Appeal to the Regional Trial Courts. —
of his notes of the proceedings as the court, upon motion,
(a) Within five (5) days from perfection of the appeal, the
shall specify in writing. The stenographic reporter shall
clerk of court shall transmit the original record to the
certify to the correctness of the notes and the transcript
appropriate Regional Trial Court.
thereof, which shall consist of the original and four copies,
and shall file the original and four copies with the clerk (b) Upon receipt of the complete record of the case,
without unnecessary delay. transcripts and exhibits, the clerk of court of the Regional
Trial Court shall notify the parties of such fact.
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(c) Within fifteen (15) days from receipt of the said notice, (b) The appeal of the offended party from the civil aspect
the parties may submit memoranda or briefs, or may be shall not affect the criminal aspect of the judgment or
required by the Regional Trial Court to do so. After the order appealed from.
submission of such memoranda or briefs, or upon the
expiration of the period to file the same, the Regional Trial (c) Upon perfection of the appeal, the execution of the
Court shall decide the case on the basis of the entire record judgment or final order appealed from shall be stayed as to
of the case and of such memoranda or briefs as may have the appealing party. (11a)
been filed. (9a)
Q. What is the effect of appeal by any of several accused?
Section 10. Transmission of records in case of death A. GR – an appeal taken by one or more of several accused
penalty. — In all cases where the death penalty is imposed shall not affect those who did not appeal
by the trial court, the records shall be forwarded to the
XPN – if is favorable to the accused who did not appeal
Court of Appeals for automatic review and judgment within
twenty days but not earlier than fifteen days from the
promulgation of the judgment or notice of denial of a
motion for new trial or reconsideration. The transcript shall Section 12. Withdrawal of appeal. — Notwithstanding the
also be forwarded within ten days after the filing thereof by perfection of the appeal, the Regional Trial Court,
the stenographic reporter. (10a) (A.M. No. 00-5-03-SC, Metropolitan Trial Court, Municipal Trial Court in Cities,
[September 28, 2004]) Municipal Trial Court, or Municipal Circuit Trial Court, as
the case may be, may allow the appellant to withdraw his
Section 11. Effect of appeal by any of several accused. — appeal before the record has been forwarded by the clerk of
court to the proper appellate court as provided in section 8,
(a) An appeal taken by one or more of several accused shall
in which case the judgment shall become final. The
not affect those who did not appeal, except insofar as the
Regional Trial Court may also, in its discretion, allow the
judgment of the appellate court is favorable and applicable
appellant from the judgment of a Metropolitan Trial Court,
to the latter;
Municipal Trial Court in Cities, Municipal Trial Court, or
Municipal Circuit Trial Court to withdraw his appeal,
provided a motion to that effect is filed before rendition of
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the judgment in the case on appeal, in which case the
judgment of the court of origin shall become final and the Q. Define search warrant.
case shall be remanded to the latter court for execution of
the judgment. (12a)
Q. What is the nature of search warrant?
Section 13. Appointment of counsel de oficio for accused
on appeal. — It shall be the duty of the clerk of the trial A. It is akin to a writ of discovery made necessary because
court, upon filing of a notice of appeal, to ascertain from of public necessity (WWC vs People, G.R. 161106, Jan. 13,
the appellant, if confined in prison, whether he desires the 2014).
Regional Trial Court, Court of Appeals or the Supreme Court
to appoint a counsel de oficio to defend him and to Q. Is evidence obtained on the occasion of an unreasonable
transmit with the record on a form to be prepared by the search and seizure admissible?
clerk of court of the appellate court, a certificate of
compliance with this duty and of the response of the A. No. It should be excluded for being the proverbial fruit of
appellant to his inquiry. (13a) a poisonous tree (People vs Valdez, 341 SCRA 25) .
Q. When is a warrantless search lawful?
A. (i) search which is incidental to a lawful arrest (Sec. 13,

RULE 126 Search and Seizure Rule 126 of the ROC)
Section 1. Search warrant defined. — A search warrant is an (ii) seizure of evidence in plain view (People vs Sanlanguit,
order in writing issued in the name of the People of the 356 SCRA 690) (iii) search of a moving vehicle (Asuncion vs
Philippines, signed by a judge and directed to a peace CA, 302 SCRA 490)
officer, commanding him to search for personal property
described therein and bring it before the court. (1) (iv) consented warrantless search (People vs Deang, 338
SCRA 657)
(v) customs searches (People vs Aminuddin, 163 SCRA 401)
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(vi) stop and frisk also known as “Terry Search” (Manalili vs
CA, 280 SCRA 400) However, if the criminal action has already been filed, the
application shall only be made in the court where the
(vii) exigent and emergency circumstances (People vs de la criminal action is pending. (n)
Gracia, 233 SCAR 716)
Q. Where shall the application for search warrant be filed?
(viii) search made pursuant to routine airport security A. see Sec. 2, Rule 126 of the ROC
procedure authorized under Sec. 9 of RA 6235 (Pepole
NOTE: An application for a search warrant is a ‘special
vs Macalaba, G.R. 146284, Jan 20, 2003) criminal process’ rather than a criminal
NOTE: In the above instances, the essential requisite of action (Malaloan vs CA, G.R. 104879, May 6, 1994). It has
probable cause must still be satisfied before a warrantless been ruled that a search warrant is merely a process issued
search and seizure can be lawfully conducted (People vs by the court in the exercise of its ancillary jurisdiction and
Aruta, 288 SCRA 626) not a criminal action which it may entertain pursuant to its
original jurisdiction (Malaloan, vs CA, G.R. 104879, May 6,
1994).
Section 2. Court where application for search warrant shall Q. Does an application for search warrant require the
be filed. — An application for search warrant shall be filed conformity of the prosecutor? A. No (WCC vs People,
with the following: 161106, Jan, 13, 2014) .
a) Any court within whose territorial jurisdiction a crime Q. Can a search warrant be quashed just like a complaint or
was committed. information? A. Yes
b) For compelling reasons stated in the application, any
Q. Who has the power to quash a search warrant?
court within the judicial region where the crime was
committed if the place of the commission of the crime is A. The judge who issued the warrant if he finds upon
known, or any court within the judicial region where the reevaluation of the evidence that no probable cause exists
warrant shall be enforced.
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(Skechers U.S.A. Inc. vs Pacific Industrial Trading Corp., G.R. Q. Is a search warrant with a directive “to seize and take
164321, Nov. 30, 2006). possession of other properties relative to such violation”
valid?
Q. Does an application for search warrant require a
certification of non-forum shopping? A. No because it did not characterize the description of the
things to be seized in violation of Sec. 4, Rule 126 of the
A. No, because the ROC requires a certification only from ROC (Uy vs BIR, 344 SCRA 36).
initiatory pleadings omitting any mention of ‘applications’
(Washington Distillers Inc. vs CA, 260 SCRA 821). Q. Can the presumption of regularity in the performance of
official duty be invoked by the searching officers?
Section 3. Personal property to be seized. — A search
warrant may be issued for the search and seizure of A. No. It cannot prevail over the constitutionally protect
personal property: right against ‘unreasonable searches and seizures’ (People
vs Cruz, 231 SCRA 759).
(a) Subject of the offense;
Q. How is the personal property seized disposed? A. If a
(b) Stolen or embezzled and other proceeds, or fruits of the
criminal action has been filed:
offense; or
(i) if the personal property seized is found to be contraband
(c) Used or intended to be used as the means of committing
– they will not be returned but shall be confiscated in favor
an offense. (2a)
of the state OR destroyed, as the case may be
Q. Is a search warrant limited to personal properties? (ii) if not contraband – the property seized shall be
returned without any delay to the person who appears to
A. Yes. Only personal properties particularly described in
be the owner or rightful possessor (Senson vs Pangilinan,
the warrant should be seized.
A.M. No. MTJ-02-1430)
If no criminal action has been filed:
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(i) the property should be returned/delivered to its rightful
owner, or at least to the person from Q. What are the requirements for issuing a search warrant?
A. (i) the warrant must be issued upon probable cause
whom it had been seized
(ii) the probable cause must be determined by the judge
Q. What is a contraband? himself and not by the applicant or any other person
A. They are articles the possession of which constitutes a (iii) the judge must examine, under oath or affirmation, the
crime. complainant and such witnesses as the latter may produce
NOTE: The article could not be permitted to stay in a (iv) the warrant issued must particularly described the
perpetual state of custody place to be searched and persons or things to be seized
legis. (Nala vs Barroso, G.R. 153087, August 7, 2003)
Q. If the medicines or drugs are genuine but they were (v) the applicant and the witnesses must testify on the facts
seized for lack of permit or authority from the appropriate personally known to them (Sec. 5, Rule 126 of the ROC)
government agency, should it be returned?
NOTE: Absence of any of these requisites will cause the
A. No (People vs Estrada, 334 SCRA 369) . downright nullification of the search warrant
(People vs Francisco, 387 SCRA 569).

Section 4. Requisites for issuing search warrant. — A search
warrant shall not issue except upon probable cause in NOTE: Non-compliance by the judge with the requirements
connection with one specific offense to be determined for issuing a search warrant constitutes grave abuse of
personally by the judge after examination under oath or discretion (Marcelo vs de Guzman, 114 SCRA 657).
affirmation of the complainant and the witnesses he may
Q. What is probable cause?
produce, and particularly describing the place to be
searched and the things to be seized which may be A. Probable cause is defined as such facts and
anywhere in the Philippines. (3a) circumstances which would lead a reasonably discreet and
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prudent man to believe that an offense has been committed A. No (People vs Francisco, 387 SCRA 569).
and that the objects sought in connection with the offense
are in a place sought to be searched (Nala vs Barroso, G.R. Q. If a search warrant failed to state the first name of the
153087, August 7, 2003) accused, is it valid?
Q. If a search warrant was issued for four separate and A. Yes provided that there is an additional description that
distinct offenses of estafa, falsification, tax evasion, and would enable the police authorities to locate him. What is
insurance fraud, is it valid? prohibited is a warrant against an unnamed party (Nala vs
Barroso, G.R. 153087, August 7, 2003).
A. No because it is violative of Sec. 4, Rule 126 of the ROC
(Asian Surety & Insurance Co vs Herrera, 54 SCRA 312). Q. The search warrant states ‘unlicensed firearms of various
calibers and ammunitions for the said firearms’, is it valid?
Q. If a search warrant was issued for illegal possession of
shabu, illegal possession of marijuana and illegal A. Yes (Kho vs Makalintal, 306 SCRA 70).
possession of paraphernalia all under RA 9165, is it valid?
Q. When does a warrant particularly describe the person or
A. Yes (People vs Dichoso, 223 SCRA 174). thing to be seized?
Q. Is a search warrant with a caption ‘For Violation of PD A. (i) when the description therein is as specific as
1866’ without reference to any particular provision of PD circumstances will ordinarily allow (Asian Surety &
1866 valid? Insurance Co vs Herrera, 54 SCRA 312)
A. Yes (Prudente vs Dayrit, 180 SCRA 69). (ii) when the description expresses a conclusion of fact -
not of law
Q. If a search warrant was issued at #122 M. Hizon St.,
Calookan City but the search was actually conducted at (iii) when the things described are limited to those which
#120 M. Hizon St., Calookan City, is the consequent search bear direct relation to the offense which the warrant is
and seizure of evidence valid? being issued (Asian Surety & Insurance Co vs Herrera, 54
SCRA 312)
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NOTE: The law does not require that the things to be seized
must be described in precise and minute detail as to leave Q. How does a judge where the application was filed
no room for doubt of the searching authorities. examine the complainant/applicant? A. see Sec. 5, Rule
126 of the ROC
Q. What is the effect if the warrant is partly void?
NOTE: The examination must be probing and exhaustive,
A. It cannot be invalidated in toto (People vs Salanguit, 356 not merely routinary or pro forma. The judge must not
SCRA 690). simply rehash the contents of the affidavit but must make
his own inquiry. Asking leading questions to the deponent
and conducting an examination in a general manner is not
sufficient (Uy vs BIR, 344 SCRA 36). The examining judge
Section 5. Examination of complainant; record. — The
has to take depositions in writing of the complainant and
judge must, before issuing the warrant, personally examine
the witnesses he may produce and attach them to the
in the form of searching questions and answers, in writing
record.
and under oath, the complainant and the witnesses he may
produce on facts personally known to them and attach to NOTE: The witness in turn must testify under oath to facts
the record their sworn statements, together with the of his own personal knowledge (Uy vs BIR, 344 SCRA 36).
affidavits submitted. (4a)
Q. What is the effect if the judge fails to comply with Sec.
Section 6. Issuance and form of search warrant. — If the
5?
judge is satisfied of the existence of facts upon which the
application is based or that there is probable cause to A. It is a ground for quashing the warrant. But where the
believe that they exist, he shall issue the warrant, which petitioner did not file a motion to quash the information
must be substantially in the form prescribed by these before the trial court nor did he object to the presentation
Rules. (5a) of the evidence obtained as being the product of an illegal
search, it is deemed a waiver to any objection thereto
(Pastrano vs CA, 281 SCRA 287).
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inserted that it be served at any time of the day or night.
Section 7. Right to break door or window to effect search. (8)
— The officer, if refused admittance to the place of directed
search after giving notice of his purpose and authority, may Section 10. Validity of search warrant. — A search warrant
break open any outer or inner door or window of a house or shall be valid for ten (10) days from its date. Thereafter it
any part of a house or anything therein to execute the shall be void. (9a)
warrant or liberate himself or any person lawfully aiding
him when unlawfully detained therein. (6) Q. Can a search be made every day for 10 days for a
different purpose each day and after the articles have been
Q. What is the principle under Sec. 7? seized?
A. “Knock and Announce” rule. This is a “notice” to the A. No (Uy Khetin vs Villareal, 42 Phil. 886).
occupant by showing him the authority, and “demand” that
he be allowed entry. He may only break open if after Section 11. Receipt for the property seized. — The officer
“notice” and “demand” is refused entry to the place of seizing property under the warrant must give a detailed
directed search. receipt for the same to the lawful occupant of the premises
in whose presence the search and seizure were made, or in
Section 8. Search of house, room, or premise to be made in the absence of such occupant, must, in the presence of at
presence of two witnesses. — No search of a house, room, least two witnesses of sufficient age and discretion residing
or any other premise shall be made except in the presence in the same locality, leave a receipt in the place in which he
of the lawful occupant thereof or any member of his family found the seized property. (10a)
or in the absence of the latter, two witnesses of sufficient
age and discretion residing in the same locality. (7a) Section 12. Delivery of property and inventory thereof to
court; return and proceedings thereon. — (a) The officer
Section 9. Time of making search. — The warrant must must forthwith deliver the property seized to the judge
direct that it be served in the day time, unless the affidavit who issued the warrant, together with a true inventory
asserts that the property is on the person or in the place thereof duly verified under oath.
ordered to be searched, in which case a direction may be
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Q. What is the rule on search incidental to a lawful arrest?
(b) Ten (10) days after issuance of the search warrant, the A. see Sec. 13, Rule 126 of the ROC
issuing judge shall ascertain if the return has been made,
and if none, shall summon the person to whom the warrant Q. Can there be first an illegal search and then an arrest?
was issued and require him to explain why no return was
made. If the return has been made, the judge shall A. No (People vs Baula, 344 SCRA 663) and both search and
ascertain whether section 11 of this Rule has been arrest are unlawful (People vs Cuizon, 256 SCRA 325).
complained with and shall require that the property seized
Q. Is search incidental to a lawful arrest limited to body
be delivered to him. The judge shall see to it that
search?
subsection (a) hereof has been complied with.
A. No. It includes search within reach or control of the
(c) The return on the search warrant shall be filed and kept
person arrested, or that which may furnish him with the
by the custodian of the log book on search warrants who
means of committing violence or escaping (People vs Lua,
shall enter therein the date of the return, the result, and
256 SCRA 539). In other words, it extends to the area or
other actions of the judge.
surroundings within his immediate control and must be
A violation of this section shall constitute contempt of conducted at about the time of the arrest or immediately
court.(11a) thereafter and only at the place where the suspect was
arrested, or the premises or surroundings under his
Q. What is the rule on receipt of property seized and immediate control (People vs Che Chun Ting, 328 SCRA 592).
delivery of the same to the court?
A. see Secs. 11 & 12, Rule 126 of the ROC Q. X was lawfully arrested while walking in Ayala Ave,
Makati City for possession of shabu. While being arrested,
X admitted to the arresting officers that there remains a
kilo of shabu in his house in Pasay City. The police went to
Section 13. Search incident to lawful arrest. — A person
his house and conducted a search and seizure of the kilo of
lawfully arrested may be searched for dangerous weapons
shabu. Is the search and seizure of the kilo of shabu valid?
or anything which may have been used or constitute proof
in the commission of an offense without a search warrant.
(12a)
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REMEDIAL LAW
A. No because the search and seizure was not conducted at MTS evidence are alternative and not cumulative (People cs
the place where the lawful arrest was made. CA, 291 SCRA 400).
Q. What are the requisites of a valid waiver of the right

Section 14. Motion to quash a search warrant or to against unreasonable search and seizure?
suppress evidence; where to file. — A motion to quash a A. (i) the right to be waived existed
search warrant and/or to suppress evidence obtained
thereby may be filed in and acted upon only by the court (ii) the person waiving it had knowledge, actual or
where the action has been instituted. If no criminal action constructive, thereof
has been instituted, the motion may be filed in and
resolved by the court that issued the search warrant. (iii) he had an actual intention to relinquish such right
However, if such court failed to resolve the motion and a
Q. What are the remedies against an invalid warrant?
criminal case is subsequent filed in another court, the
A. (i) MTQ the search warrant (Sec. 14, Rule 126 of the ROC)
motion shall be resolved by the latter court. (n)
(ii) MTS evidence obtained by virtue thereof (Ibid)
Q. Differentiate MTQ search warrant from MTS evidence (iii) objection to admissibility of the evidence obtained by
obtained thereby? virtue of the invalid warrant when such evidence is offered in
A. Where no MTQ the search warrant was filed in or resolved evidence
by the issuing court, the interested party may move in the
court where the criminal case is pending for the suppression Q. Is a MTQ search warrant a remedy if there was abuse in
as evidence of the personal property seized under the warrant the enforcement of the search warrant?
if the same is offered therein for said purpose. A. No. The remedy against such abuse are penal, civil or
administrative (Kho vs Makalintal, 306 SCRA 70).
Q. Are MTQ & MTS alternative or cumulative remedies?
A. Alternative
NOTE: Since two separate courts with different participations

are involved in this situation, a MTQ search warrant and a
194

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REMEDIAL LAW

**A judgment rendered without such power and authority is

(2) All other civil cases, except probate proceedings,

RESOLUTION OF THE COURT EN BANC DATED OCTOBER B. Criminal Cases:

(k) Third party complaints;

Section 2. Section 4 of the same decree, as amended, is

"Subject to the rules promulgated by the Supreme Court,

Section 4. Funding and Appropriations. – The amount Approved.

3RD MODE: Does not require PI/ Crimes committed in

What does the prescription of the offense mean?/ Effect of

When shall the running of the prescriptive period for the

Fifty-five (55) Assistant City Prosecutors One (1) City Prosecutor

(c) Makati: (107) Two (2) Deputy City Prosecutors

Fifty (50) Senior Assistant City Prosecutors (g) Caloocan: (35)

Fifty-one (51) Assistant City Prosecutors One (1) City Prosecutor

(d) Cebu: (42) Two (2) Deputy City Prosecutors

Seventeen (17) Senior Assistant City Prosecutors (h) Pasay: (31)

Twenty-two (22) Assistant City Prosecutors One (1) City Prosecutor

(e) Pasig: (37) Two (2) Deputy City Prosecutors

Eighteen (18) Assistant City Prosecutors One (1) City Prosecutor

Fourteen (14) Assistant City Prosecutors One (1) City Prosecutor

Twelve (12) Senior Assistant City Prosecutors (n) Mandaluyong: (16)

Twelve (12) Assistant City Prosecutors One (1) City Prosecutor

(k) Paranaque: (23) One (1) Deputy City Prosecutor

Thirteen (13) Assistant City Prosecutors One (1) City Prosecutor

(l) Marikina: (22) One (1) Deputy City Prosecutor

Five (5) Senior Assistant city Prosecutors (t) Batangas: (18)

Six (6) Assistant City Prosecutors One (1) City Prosecutor

(q) San Juan: (10) One (1) Deputy City Prosecutor

One (1) City Prosecutor Eight (8) Assistant City Prosecutors

Four (4) Senior Assistant city Prosecutors (u) Angeles: (17)

Four (4) Assistant City Prosecutors One (1) City Prosecutor

One (1) City Prosecutor Five (5) Assistant City Prosecutors

Seven (7) Associate City Prosecutors One (1) City Prosecutor

Two (2) Associate City Prosecutors One (1) City Prosecutor

CRIME: Kidnapping with Murder and Illegal Possession of Purpose:

Q: What is the purpose of Sec11?

Section 12. Name of the offended party. — The complaint or

Q: What are the crimes committed?

Q: Instances when amendment is substantial: 1. Upon motion by the Prosecutor

FACTS: CRIME: Homicide

ISSUE: Q: LRT Route Monumento to Baclaran - DInukot wallet sa

(ii) when he reserves the right to institute the civil action

No counterclaim, cross-claim or third-party complaint may

When such minor is adjudged to be criminally irresponsible,

✿ Prejudicial action exists when:

✿ When prejudicial does not exist:

ISSUE: (i) to inquire concerning the commission of a crime;

(iii) to determine the amount of bail.

Q. Distinguish preliminary investigation from custodial FACTS:

CI – the questioning initiated by law enforcement officers after

(c) Other officers as may be authorized by law.

Estrada vs Ombudsman Section 3. Procedure. — The preliminary investigation shall

SECTION 5. Contents of petition. - The petition shall contain or

• That the appealed resolution is interlocutory in nature, FACTS:

• That the offense has already prescribed; and

ARTEMIO G. TUQUERO Any confession or admission obtained in violation of this or

Revised Philippine National Police Operational Procedure

(3) he may, if he is under inquest investigation, ask for a

(4) he may ask for a preliminary investigation within 5 days FACTS:

ISSUE: (c) When the person to be arrested is a prisoner who has

Article 27. Article 37.

Q. What are the other instances of warrantless arrest?