07 Remedial Law Criminal Procedure

REMEDIAL LAW
I. COURTS AND THEIR CRIMINAL **A judgment rendered without such power and authority is
void thereby creating no rights and imposing no duties on the
JURISDICTION Criminal Procedure parties. A void judgment may be attacked any time.
treats of the series of processes by which the criminal laws
are enforced and by which the State prosecutes persons Requisites to acquire Jurisdiction in criminal cases
who violate the penal laws. 1.Jurisdiction over the subject matter
2.Jurisdiction over the person of the accused
Provides the steps which one who has committed a crime is 3.Territorial jurisdiction
to be punished.
Laches
Distinguish Criminal Law v. Criminal Procedure the “failure or neglect for an unreasonable and
unexplained length of time, to do that which, by
Criminal Law Criminal Procedure exercising due diligence, could or should have been done
earlier, it is negligence or omission to assert a right
As to Nature Substantive Remedial within a reasonable length of time, warranting a
As to Purpose Declares what provides how act presumption that the party entitled to assert it either has
acts are is to be punished abandoned it or declined to assert it.
punishable
As to subject Defines crimes, Provides fro the Metropolitan Trial Court, Municipal Trial Court,
matter treats of their method by which Municipal Circuit Trial Courts
nature , and a person accused
provides for of a crime is B.P. Blg.129, Sec. 32 & 35, as amended by R.A. No. 7691
their arrested, tried or
punishment punished Section 32. Jurisdiction of Metropolitan Trial Courts,
Municipal Trial Courts and Municipal Circuit Trial Courts in
Jurisdiction criminal cases. – Except in cases falling within the
It is the authority of law to act officially in a particular exclusive original jurisdiction of Regional Trial Courts
matter in hand. It is the power and authority of a court and of the Sandiganbayan, the Metropolitan Trial
[or quasi-judicial tribunal] to hear, try, and decide a case. Courts, Municipal Trial Courts, and Municipal Circuit Trial
Courts shall exercise:
Nulla, Julie Ann A.顏金璇 Lectured by: Aty. Lioneff

Macababbad
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imposable accessory or other penalties, including the civil
(1) Exclusive original jurisdiction over all violations of
liability arising from such offenses,they also have
city or municipal ordinances committed within their
jurisdiction in offenses involving damage to property
respective territorial jurisdiction; and
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)
All violations regarding BP 22 or Bouncing Law cheque. Some
years irrespective of the amount of fine, and regardless
of other imposable accessory or other penalties, cases under Summary Procedures.
including the civil liability arising from such offenses or In addition, in the absence of an RTC judge, MT and
predicated thereon, irrespective of kind, nature, value, or MCT judges may hear and decide petitions for a writ of
amount thereof: Provided, however, That in offenses habeas corpus or applications for bail in criminal cases in
involving damage to property through criminal the province or city.
negligence they 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 Tagapamayapa? Kay Kapitan bago mag file ng case.
within their respective territorial jurisdiction, all offenses YES.
punishable with imprisonment not exceeding six (6) years
irrespective of the amount of fine, and regardless of What is the offense is attempted murder with treachery.
other Dadaan pa ba kay kapitan?

Macababbad
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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
You know tha Katarungan Pambaranggay Law? Yung mga nag liability arising therefrom”
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
Kapitan, pagbabatiin muna kayo ni Kapitan. Tagapamayapa? 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
for offenses which has penalty for less than 1 yr? yun
Your case will be dismissed. A: Yes
Sinapak mo ang iyong classmate, SPI, you are from Pasay and FACTS: A is residing in Manila; B is residing in Makati. SPI; 30
he is from Manila. 30 days imprisonment, Dadaan kapa ba kay days imprisonment. Hindi dumaan sa baranggay, dumerekta
Kapitan o di na? sa husgado. tama?
Hindi na. kasi you are from different cities/ towns. The A: Yes, tama. Kakailanganin nyo lang dumaan kay Kapitan,
Katarungan Pambaranggay Law only applies if the kung kayo ay magkapitbahay o sa iisang city o
complainant and the respondent are residing within the same municipality lang kayo nakatira at ng penalty ay not more
baranggay or even though in different baranggay but within than 1 year.
the same city or Municipality. You will only go to baranggay if Iba yung power ng taga Lupong Tagapamayapa to hear
kapitbahay mo siya. complaint before them, iba din yung rules that would govern
So if kapitbahay mo, sinaksak ka nya, attempted murder, daan those kinds of complaints. Those rules of complaint are what
kapa ba kay kapitan? we call the summary procedure.
No sir, because the offense committed hass a penalty of more X is residing in Brgy 1 , Pasay City. Z is residing in Brgy 1,
than one year. Pasay City. X boxxed Z. SPI. Z went to barangay. Is that
Penalty imposable is 30 days imprisonment, is it governed by correct?
A: Yes.
the rules of summary procedure?
Under the law of rules of summary procedure, ‘All other What if Z went directly to the court to file a complaint. what
criminal cases where the penalty prescribed by law for the will happen?
offense charged is imprisonment not exceeding six months, or The case will be dismissed.

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What if same scenario except that X is living in Brgy 1 and Z
is living in Brgy 2. Kailangan paba dumaan kay Kapitan? I. Applicability
A: Yes, because they reside the different barangay of the same Section 1. Scope. — This rule shall govern the summary
Municipality procedure in the Metropolitan Trial Courts, the Municipal
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
barangay A. Civil Cases:
(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 B. Criminal Cases:

OCTOBER 15, 1991 PROVIDING FOR THE REVISED RULE (1) Violations of traffic laws, rules and regulations;
ON SUMMARY PROCEDURE FOR METROPOLITAN TRIAL
COURTS, MUNICIPAL TRIAL COURTS IN CITIES, (2) Violations of the rental law;
MUNICIPAL TRIAL COURTS AND MUNICIPAL CIRCUIT
TRIAL COURTS. (3) Violations of municipal or city ordinances;
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
negligence, this Rule shall govern where the imposable
fine does not exceed ten thousand pesos (P10,000.00).
This Rule shall not apply to a civil case where the

plaintiffs cause of action is pleaded in the same
complaint with another cause of action subject to the
ordinary procedure; nor to a criminal case where the
offense charged is necessarily related to another criminal
case subject to the ordinary procedure.
Sec. 2. Determination of applicability. — Upon the filing

of a civil or criminal action, the court shall issue an order
declaring whether or not the case shall be governed by
this Rule A patently erroneous determination to avoid
the application of the Rule on Summary Procedure is a
ground for disciplinary action.
II. Civil Cases

Sec. 3. Pleadings. —
A. Pleadings allowed. — The only pleadings allowed to
be filed are the complaints, compulsory counterclaims
and cross-claims' pleaded in the answer, and the
answers thereto.
B. Verifications. — All pleadings shall be verified.

Sec. 4. Duty of court. — After the court determines that
the case falls under summary procedure, it may, from an
examination of the allegations therein and such evidence
as may be attached thereto, dismiss the case outright on
any of the grounds apparent therefrom for the dismissal
of a civil action. If no ground for dismissal is found
it
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shall forthwith issue summons
which shall state that the
summary procedure under this Rule shall apply.
Sec. 5. Answer. — Within ten (10) days from service of

summons, the defendant shall file his answer to the
complaint and serve a copy thereof on the plaintiff.
Affirmative and negative defenses not pleaded therein
shall be deemed waived, except for lack of jurisdiction
over the subject matter. Cross-claims and compulsory
counterclaims not asserted in the answer shall be
considered barred. The answer to counterclaims or
cross-claims shall be filed and served within ten (10)
days from service of the answer in which they are
pleaded.
Sec. 6. Effect of failure to answer. — Should the

defendant fail to answer the complaint within the period
above provided, the court, motu proprio, or on motion of
the plaintiff, shall render judgment as may be warranted
by the facts alleged in the complaint and limited to what
is prayed for therein: Provided, however, that the court
may in its discretion reduce the amount of damages and
attorney's fees claimed for being excessive or otherwise
unconscionable. This is without prejudice to the
applicability of Section 4, Rule 15 of the Rules of Court, if
there are two or more defendants.
Sec. 7. Preliminary conference; appearance of parties. —

Not later than thirty (30) days after the last answer is
filed, a preliminary conference shall be held. The rules on
pre-trial in ordinary cases shall be applicable to the
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preliminary conference unless inconsistent with the
provisions of this Rule.
The failure of the plaintiff to appear in the preliminary

conference shall be a cause for the dismissal of his
complaint. The defendant who appears in the absence of
the plaintiff shall be entitled to judgment on his
counterclaim in accordance with Section 6 hereof. All
cross-claims shall be dismissed.
If a sole defendant shall fail to appear, the plaintiff shall

be entitled to judgment in accordance with Section 6
hereof. This Rule shall not apply where one of two or
more defendants sued under a common cause of action
who had pleaded a common defense shall appear at the
preliminary conference.
Sec. 8. Record of preliminary conference. — Within five

(5) days after the termination of the preliminary
conference, the court shall issue an order stating the
matters taken up therein, including but not limited to:
(a) Whether the parties have arrived at an amicable

settlement, and if so, the terms thereof;
(b) The stipulations or admissions entered into by the

parties;.
(c) Whether, on the basis of the pleadings and the

stipulations and admissions made by the parties,
judgment may be rendered without the need of further
proceedings, in which event the judgment shall be
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r
endered within thirty (30) days from issuance of the
order;
(d) A clear specification of material facts which remain

controverted; and
(e) Such other matters intended to expedite the

disposition of the case.
Sec. 9. Submission of affidavits and position papers. —

Within ten (10) days from receipt of the order mentioned
in the next preceding section, the parties shall submit
the affidavits of their witnesses and other evidence on
the factual issues defined in the order, together with
their position papers setting forth the law and the facts
relied upon by them.
Sec. 10. Rendition of judgment. — Within thirty (30)

days after receipt of the last affidavits and position
papers, or the expiration of the period for filing the same,
the court shall render judgment.
However should the court find it necessary to clarify

certain material facts, it may, during the said period,
issue an order specifying the matters to be clarified, and
require the parties to submit affidavits or other evidence
on the said matters within ten (10) days from receipt of
said order. Judgment shall be rendered within fifteen (15)
days after the receipt of the last clarificatory affidavits,
or the expiration of the period for filing the same.
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The court shall not resort to the clarificatory procedure
to gain time for the rendition of the judgment.
III. Criminal Cases

Sec. 11. How commenced. — The filing of criminal cases
falling within the scope of this Rule shall be either by
complaint or by information: Provided, however, that in
Metropolitan Manila and in Chartered Cities. such cases
shall be commenced only by information, except when
the offense cannot be prosecuted de oficio.
The complaint or information shall be accompanied by

the affidavits of the compliant and of his witnesses in
such number of copies as there are accused plus two (2)
copies for the court's files.If this requirement is not
complied with within five (5) days from date of filing, the
care may be dismissed.
Sec. 12. Duty of court. —

(a) If commenced by compliant. — On the basis of
the compliant and the affidavits and other evidence
accompanying the same, the court may dismiss the case
outright for being patently without basis or merit and
order the release of the amused if in custody.
(b) If commenced by information. — When the case is

commenced by information, or is not dismissed pursuant
to the next preceding paragraph, the court shall issue an
order which, together with copies of the affidavits and
other evidence submitted by the prosecution, shall
require the accused to submit his counter-affidavit and
the affidavits of his witnesses as well as any evidence in

his behalf, serving copies thereof on the complainant or
prosecutor not later than ten (10) days from receipt of
said order. The prosecution may file reply affidavits
within ten (10) days after receipt of the counter-affidavits
of the defense.
Sec. 13. Arraignment and trial. — Should the court,

upon a consideration of the complaint or information and
the affidavits submitted by both parties, find no cause or
ground to hold the accused for trial, it shall order the
dismissal of the case; otherwise, the court shall set the
case for arraignment and trial.
If the accused is in custody for the crime charged, he

shall be immediately arraigned and if he enters a plea of
guilty, he shall forthwith be sentenced
Sec. 14. Preliminary conference. — Before conducting

the trial, the court shall call the parties to a preliminary
conference during which a stipulation of facts may be
entered into, or the propriety of allowing the accused to
enter a plea of guilty to a lesser offense may be
considered, or such other matters may be taken up to
clarify the issues and to ensure a speedy disposition
of the case.However, no admission by the accused shall
be used against him unless reduced to writing and signed
by the accused and his counsel.A refusal or failure to
stipulate shall not prejudice the accused.
Sec. 15. Procedure of trial. — At the trial, the affidavits

submitted by the parties shall constitute the direct
testimonies of the witnesses who executed the same.
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Witnesses who testified may be subjected to cross-
examination, redirect or re-cross examination. Should
the affiant fail to testify, his affidavit shall not be
considered as competent evidence for the party
presenting the affidavit, but the adverse party may
utilize the same for any admissible purpose.
Except in rebuttal or surrebuttal, no witness shall be

allowed to testify unless his affidavit was previously
submitted to the court in accordance with Section 12
hereof.
However, should a party desire to present additional

affidavits or counter-affidavits as part of his direct
evidence, he shall so manifest during the preliminary
conference, stating the purpose thereof. If allowed by
the court, the additional affidavits of the prosecution or
the counter-affidavits of the defense shall be submitted
to the court and served on the adverse party not later
than three (3) days after the termination of the
preliminary conference. If the additional affidavits are
presented by the prosecution, the accused may file his
counter-affidavits and serve the same on the prosecution
within three (3) days from such service.
Sec. 16. Arrest of accused. — The court shall not order

the arrest of the accused except for failure to appear
whenever required. Release of the person arrested shall
either be on bail or on recognizance by a responsible
citizen acceptable to the court.

Sec. 17. Judgment. — Where a trial has been conducted,
the court shall promulgate the judgment not later than

thirty (30) days after the termination of trial.
IV. COMMON PROVISIONS

Sec. 18. Referral to Lupon. — Cases requiring referral to
the Lupon for conciliation under the provisions of
Presidential Decree No. 1508 where there is no showing
of compliance with such requirement, shall be dismissed
without prejudice and may be revived only after such
requirement shall have been complied with. This
provision shall not apply to criminal cases where the
accused was arrested without a warrant.
Sec. 19. Prohibited pleadings and motions. — The

following pleadings, motions or petitions shall not be
allowed in the cases covered by this Rule:
(a) Motion to dismiss the complaint or to quash the

complaint or information except on the ground of lack of
jurisdiction over the subject matter, or failure to comply
with the preceding section;
(b) Motion for a bill of particulars;
(c) Motion for new trial, or for reconsideration of a

judgment, or for opening of trial;
(d) Petition for relief from judgment;
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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
B.P. Blg. 129, Sec. 20 & 23
submitted under this Rule shall state only facts of direct
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 Courts shall exercise exclusive original jurisdiction in all
to the matters stated therein. criminal cases not within the exclusive jurisdiction of any
court, tribunal or body, except those now falling under
A violation of this requirement may subject the party or
the exclusive and concurrent jurisdiction of the
the counsel who submits the same to disciplinary action,
Sandiganbayan which shall hereafter be exclusively
and shall be cause to expunge the inadmissible affidavit
taken cognizance of by the latter.
or portion thereof from the record.
Section 23. Special jurisdiction to try special cases. – The
Sec. 21. Appeal. — The judgment or final order shall be
Supreme Court may designate certain branches of the
appealable to the appropriate regional trial court which
Regional Trial Courts to handle exclusively criminal
shall decide the same in accordance with Section 22
of
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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
Cases that are under the jurisdiction of RTC of the commission of the offense: Provided, however,
RTC all exercise exclusive original jurisdiction That where the libel is published, circulated, displayed,
or exhibited in a province or city wherein neither the
● in all criminal cases with a penalty of 6YID and offender nor the offended party resides the civil and
above criminal actions may be brought in the court of first
● Appellate jurisdiction overall made by MTC instance thereof: Provided, further, That the civil action
● defamatory cases shall be filed in the same court where the criminal action
● Dangerous drugs law violations is filed and vice versa: Provided, furthermore, That the
● Cyber Crime Law violations court where the criminal action or civil action for
● Money Laundering law violations damages is first filed, shall acquire jurisdiction to the
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,
RPC, A360 have been filed in court at the time of the effectivity of
this law.
Article 360. Persons responsible. — The person who shall
publish, exhibit or cause the publication or exhibition of "No criminal action for defamation which consists in the
any defamation in writing or by similar means, shall be imputation of a crime which cannot be prosecuted de
responsible for the same. oficio shall be brought except at the instance of and upon
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?
A: RTC. A360 explicitly provides that libel cases or defamation "Two (2) members shall constitute a quorum for sessions
cases should be under the jurisdiction of RTC. in divisions: Provided, That when the required quorum
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
1987 Constitution A11, Sec.4 member of another division to be determined by strict
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 positions in the government, whether in a permanent,
Representatives of the Philippines in Congress acting or interim capacity, at the time of the commission
assembled: of the offense:
Section 1. Section 3 of Presidential Decree No. 1606, as "(1) Officials of the executive branch occupying the
amended, is hereby further amended to read as follows: positions of regional director and higher, otherwise
"SEC. 3. Constitution of the Divisions; Ǫuorum. – The classified as Grade ’27’ and higher, of the Compensation
and Position Classification Act of 1989 (Republic Act No.
Sandiganbayan shall sit in seven (7) divisions of three
6758), specifically including:
(3) members each.
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"(a) Provincial governors, vice-governors, members of the
sangguniang panlalawigan, and provincial treasurers,

assessors, engineers, and other provincial department
heads:
"(b) City mayors, vice-mayors, members of the

sangguniang panlungsod, city treasurers, assessors,
engineers, and other city department heads;
"(c) Officials of the diplomatic service occupying the

position of consul and higher;
"(d) Philippine army and air force colonels, naval

captains, and all officers of higher rank;
"(e) Officers of the Philippine National Police while

occupying the position of provincial director and those
holding the rank of senior superintendent and higher;
"(f) City and provincial prosecutors and their assistants,

and officials and prosecutors in the Office of the
Ombudsman and special prosecutor;
"(g) Presidents, directors or trustees, or managers of

government-owned or controlled corporations, state
universities or educational institutions or foundations.
"(2) Members of Congress and officials thereof classified

as Grade ’27’ and higher under the Compensation and

"(3) Members of the judiciary without prejudice to the
provisions of the Constitution;
"(4) Chairmen and members of the Constitutional

Commissions, without prejudice to the provisions of the
Constitution; and
"(5) All other national and local officials classified as

Grade ’27’ and higher under the Compensation and
Position Classification Act of 1989.
"b. Other offenses or felonies whether simple or

complexed with other crimes committed by the public
officials and employees mentioned in subsection a. of
this section in relation to their office.
"c. Civil and criminal cases filed pursuant to and in

connection with Executive Order Nos. 1, 2, 14 and 14-A,
issued in 1986.
"Provided, That the Regional Trial Court shall have

exclusive original jurisdiction where the information:
(a) does not allege any damage to the government or

any bribery; or
(b)alleges damage to the government or bribery arising

from the same or closely related transactions or acts in
an amount not exceeding One million pesos
(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 region other than where the official holds office.
"In cases where none of the accused are occupying

positions corresponding to Salary Grade ’27’ or higher, as
prescribed in the said Republic Act No. 6758, or military
and PNP officers mentioned above, exclusive original
jurisdiction thereof shall be vested in the proper regional
trial court, metropolitan trial court, municipal trial court,
and municipal circuit trial court, as the case may be,
pursuant to their respective jurisdictions as provided in
Batas Pambansa Blg. 129, as amended.
"The Sandiganbayan shall exercise exclusive appellate

jurisdiction over final judgments, resolutions or orders of
regional trial courts whether in the exercise of their own
original jurisdiction or of their appellate jurisdiction as
herein provided.
"The Sandiganbayan shall have exclusive original

jurisdiction over petitions for the issuance of the writs of
mandamus, prohibition, certiorari, habeas corpus,
injunctions, and other ancillary writs and processes in aid
of its appellate jurisdiction and over petitions of similar
nature, including quo warranto, arising or that may arise
in cases filed or which may be filed under Executive
Order Nos. 1, 2, 14 and 14-A, issued in 1986:
Provided, That the jurisdiction over these petitions
shall not be exclusive of the Supreme Court.
"The procedure prescribed in Batas Pambansa Blg. 129,

as well as the implementing rules that the
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Court has promulgated and may hereafter promulgate,
relative to appeals/petitions for review to the Court of
Appeals, shall apply to appeals and petitions for review
filed with the Sandiganbayan. In all cases elevated to the
Sandiganbayan and from the Sandiganbayan to the
Supreme Court, the Office of the Ombudsman, through
its special prosecutor, shall represent the People of
the Philippines, except in cases filed pursuant to
Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986.
"In case private individuals are charged as co-principals,

accomplices or accessories with the public officers or
employees, including those employed in
government-owned or controlled corporations, they shall
be tried jointly with said public officers and employees in
the proper courts which shall exercise exclusive
jurisdiction over them.
"Any provisions of law or Rules of Court to the contrary

notwithstanding, the criminal action and the
corresponding civil action for the recovery of civil liability
shall at all times be simultaneously instituted with, and
jointly determined in, the same proceeding by the
Sandiganbayan or the appropriate courts, the filing of the
criminal action being deemed to necessarily carry with it
the filing of the civil action, and no right to reserve the
filing of such civil action separately from the criminal
action shall be recognized: Provided, however, That
where the civil action had heretofore been filed
separately but judgment therein has not yet been
rendered, and the criminal case is hereafter filed with the
Sandiganbayan or the appropriate court, said civil action

REMEDIAL LAW
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
decision, final order, or resolution. inconsistent 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 What is the jurisdiction of Sandiganbayan?
in the 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
14
1
REMEDIAL LAW
● 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
government-owned or controlled corporations the 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
(a) For offenses where a preliminary investigation is Investigation (at least 4Y2M 1D and above) ; (4Y2M and
required pursuant to section 1 of Rule 112, by filing the below) PI is not required:
complaint with the proper officer for the purpose of
conducting the requisite preliminary investigation. [a] filing complaint with proper officer for the purposes in
filing PI
(b) For all other offenses, by filing the complaint or
information directly with the Municipal Trial Courts and [b] Filing complaint / information directly with MTC/MCTC
Municipal Circuit Trial Courts, or the complaint with the
office of the prosecutor. In Manila and other chartered [c] Filing complaint with prosecutor office [mandatory in
cities, the complaint shall be filed with the office of the criminal cases in Manila and other chartered cities, unless
prosecutor unless otherwise provided in their charters. otherwise provided in the charter]
The institution of the criminal action shall interrupt the G.R.: A criminal action is commenced by a complaint or
running period of prescription of the offense charged information, both of which are filed in court
unless otherwise provided in special laws. ▪ If a complaint is filed directly in court,the complaint
must be filed by the offended party.
Q: What is criminal action? ▪ If an information is filed directly in court, information
A: Criminal action is one by which the State prosecutes must be filed by fiscal.
a person for an act or omission punishable by law. ▪ However, a “complaint” filed with the fiscal prior to
judicial action may be filed by any person [Tan2021]

REMEDIAL LAW
What is Preliminary Investigation (PI)?
A: Preliminary investigation is an inquiry or proceeding to In the case provided, it’s Homicide 12Y1D-30Y (Requires PI)
determine whether there is sufficient ground to engender a 2nd STEP: Where will I file PI?
well-founded belief that a crime has been committed and the
respondent is probably guilty thereof, and should be held for 1ST MODE: Requires PI - The complainant will go to
trial. the FISCAL to submit their complaint/ information
What are the offenses requiring PI? **If the crime committed requires PI, a COMPLAINT needs
A: Offenses punishable by imprisonment of at least 4Y2M1D to be submitted. The heading shall state COMPLAINT and
(Sec1 Rule 112) not INFORMATION
Who are the officers authorized to conduct preliminary What if suntukan lang? Penalty imposed is 30 days (Does not
investigations? require PI) : Venue- Province
(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
What if the crime committed in Metro Manila? (Chartered

If a crime has been committed, sinaksak ni X si Y. Namatay si
Cities)
Y, syempre pamilya ni Y gusto idemanda si X.
3RD MODE: Does not require PI/ Crimes committed
1st STEP: Check if the crime committed requires PI? in chartered cities - The complaint/ Information
shall be filed directly to the prosecutor
How? - Check for the imposable penalty
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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REMEDIAL LAW
A: It is the loss of the right of the State to institute criminal
action. Up to when is the interruption?
Until the case has been terminated.
When homicide has been committed, it has a prescriptive
period of 20 years. Offended parties has 20 years from the How is the case terminated?
commission of the crime to file a case. Either by acquittal or conviction.
When shall the running of the prescriptive period for the

institution of a criminal action be interrupted?
The institution of the criminal action in the PROSECUTOR’S Disini vs. Sandiganbayan
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
for a prescriptive period, Act 3326 - An Act to Establish FACTS:
Periods of Prescription for Violations of Special Laws and Disini (private person) filed a motion to quash alleging that
Municipal Ordinances – shall apply. the criminal actions had been extinguished by prescription.
Sandiganbayan denied the motion to quash.
NOTE:
Act 3326 states that the prescriptive period of special ISSUE:
laws are interrupted only upon institution of a criminal Whether or not the sandiganbayan has jurisdiction over
action before the courts. Thus, the filing of a criminal suit private individual
for Violation of BP 22 before the prosecutor office does
RULING:
not toll the running of the prescriptive period. But the
Yes. In case public officials has been charged as an accomplice
Supreme Court held that ‘there is no more distinction
or principal or accessory with public officer, jurisdiction is
between cases under the RPC & those covered by special under Sandiganbayan
laws with respect to the interruption of the period of
prescription’. Then the case of Panaguiton vs DOJ, GR # The offense of corruption of public officials as well as
167571, Nov. 25, 2008, taught us that ‘any kind of violation of RA 3019 prescribe in 15 years. Moreover,
investigative proceeding instituted against the guilty prescription begins to run from the date of discovery of the
person which may ultimate lead to his prosecution should crime and shall only be interrupted upon the filing of
be sufficient to toll his prescription”. complaint or information in Court (Article 91, Revised Penal
Code).
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REMEDIAL LAW
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
of the criminal complaints in the Office of the Ombudsman. What are the parts of the
complaint? A:
Blameless Ignorance Doctrine Caption - top most part of the complaint where it
The statute of limitations runs only upon discovery of the fact provides the information which regards to which court,
of the invasion of a right which will support a cause of action. branch, which place, the title [People of the Philippines vs.
Nulla; 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]
Distinguish Complaint from Information Signature - signature of the offended party, peace
officer, public party entrusted with the enforcement of law.[If
patay na offended party pwede pumirma family member,
Complaint Information
peace office, public officer entrusted with enforcement of law]
signed by the offended signed by a prosecutor Jurat - like a notary; subscribed and sworn to [ isubscribe sa
party, peace officer or other isang administering officer]
officer charged with the
How do you call the parties in the criminal action?
enforcement of the law
The plaintiff -People Of the Philippines
under oath not under oath The accused - offending party
The witness - Offended party
it is filed with the proper always Filed with the court
officer or with the court Why should a criminal action be brought in the name of the
People of the Philippines?
need not be certified should be certified under Criminal actions should be brought in the name of the People
oath by a subscribing of the Philippines because in criminal cases, the offended
prosecutor party is the state and the interest of the private complainant
or the private offended party is limited to the civil liability.

18

REMEDIAL LAW
Thus, the role of the private complainant is merely as a Ǫ: Where is the complaint filed?
witness for the prosecution A: It is filed directly with the MTC where preliminary
NOTE: In a criminal case, the offended party is the State as it investigation is not required
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
Section 3. Complaint defined. — A complaint is a sworn conducted (4Y2M and below)
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
public officer charged with the enforcement of the law accusation in writing charging a person with an offense,
violated. (3) subscribed by the prosecutor and filed with the court. (4a)
Ǫ: Who would determine the person to be charged in the

Ǫ: 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 Ǫ: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.
Ǫ: Formalities of a complaint or information: Section 5. Who must prosecute criminal actions. — All
A: criminal actions either commenced by complaint or by
▪ In writing information shall be prosecuted under the direction and
▪ In the name of thePeople of thePhilippines control of a public prosecutor. In case of heavy work
▪ Against all persons who appear to be responsible for schedules of the public prosecutor, or in the event of lack
of public prosecutors, the private prosecutor may be
the 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

19

REMEDIAL LAW
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.
Ǫ: 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, Ǫ: Is the presence of the public prosecutor from
grandparents, or guardian may file the same. The right to arraignment up to releasing of judgment required?
file the action granted to parents, grandparents or A:
guardian shall be exclusive of all other persons and GR: Yes, the presence of the public prosecutor is required.
shall be exercised XPN: In cases when public prosecutor has a heavy work

20

REMEDIAL LAW
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
Ǫ: 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; Ǫ: What are the examples of private crimes?
(ii) when it is necessary for the orderly administration A: The private crimes which cannot be prosecuted de officio
of 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 (Sec. 5, Rule 119 of the ROC; Art. 344 of the RPC). Rape is not
of 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; Ǫ:How does an offended party prosecute the private
(viii) where it is a case of persecution instead of crimes?
prosecution; A: In adultery and concubinage, the offended party must
(ix) where the charges are manifestly false and motivated implead both the guilty parties and must not have consented
by lust for vengeance; or pardoned both the offenders; in seduction, abduction, and
(x) when there is clearly no prima facie case against the acts of lasciviousness, the complaint must be filed by the
accused and the motion to quash has been denied; offended party or her parent, grandparents or guardian and
(xi) when issued by the Supreme Court to prevent the complainant must not have expressly pardoned the
threatened unlawful arrest. offender.
** The second/ third paragraph of Sec 5 speaks of Private Ǫ:What if the offended party in seduction, abduction, and
Crimes. acts of lasciviousness is a minor, who shall file the
complaint?
How are private crimes prosecuted? A: The minor can file the complaint independently of her
Private crimes can be prosecuted upon a complaint filed by the parent/s, grandparent/s or guardian unless she is incompetent
offended party. The private crimes that cannot be prosecuted or incapable of doing so. However, if the minor fails to file the
de officio are adultery, concubinage, abduction, seduction, acts
2
REMEDIAL LAW
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
Ǫ: What if the offended party in adultery or concubinage action
is, who shall file the complaint?
A: Only the offended party and nobody else even if he or she
is a minor. The right is exclusive. REPUBLIC ACT No. 10071
Q: Is the conformity of the minor required to file a AN ACT STRENGTHENING AND RATIONALIZED THE
complaint? NATIONAL PROSECUTION SERVICE
A: No, conformity is not required for minors since in filing the
case, no criminal liabilities are being extinguished, instead Be it enacted by the Senate and House of
nabubuhay pa yung kaso. Representatives of the Philippines in Congress
assembled:
Ǫ: Does the conformity of minors required for the
parent/guardian to withdraw the complaint? Section 1. Title. - This Act shall be known as the
A: Yes. Because once pardon has been provided, the criminal "Prosecution Service Act of 2010."
liability of the offender will be extinguished. Section 7. Powers and Functions of the Regional
If you are a woman or person of majority age, you have the Prosecutor.
legal capacity to act unless she is incompetent or incapable of - The Regional Prosecutor shall, under the control
doing so. and supervision of the Secretary of Justice, have the
following powers and functions:
What is the effect of pardon in private crimes?
In adultery & concubinage – offended party and the paramour (a) Implement policies, plans, programs, memoranda,
cannot be prosecuted if the offended party has consented to orders, circulars and rules and regulations of the DOJ
the offense or pardoned, express or implied, the offenders In relative to the investigation and prosecution of
22

REMEDIAL LAW
(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
(c) Prosecute any case arising within the region;
laws 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
judgements and orders of provincial and city prosecutors other kinds of leaves, with or without pay, for a period
and their assistants within the region in cases where the not exceeding one (1) year, for overtime services; for
offenses charged are cognizable by the municipal trial permission to exercise their profession or to engage in
court. This notwithstanding, the Secretary of Justice is business outside of office hours; for official travel within
not precluded from exercising his power or review over the region for periods not exceeding thirty (30) days; and
such resolutions of the regional Prosecutor in instances for claims and benefits under existing laws;
where lies grave abuse of discretion on the part of the (3) Exercise immediate administrative supervision over all
Regional Prosecutor, and from determining the extent of provincial and city prosecutors, their assistants and all
the 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 prosecutors and other prosecuting officers within the
or 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 Secretary of Justice who shall, after review thereof and
a particular city or provincial prosecutor or where the city where warranted, submit the appropriate recommendation
or provincial prosecutor voluntarily inhibits himself/herself to the office of the president for the latter's consideration;
by 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;
2
REMEDIAL LAW
(7) Approve requisition for supplies, materials and receive the statements under oath or take oral evidence
equipment, as well as books, periodicals and the like of witnesses, and for this purpose may by subpoena
and other items for the region in accordance with the summon witnesses to appear and testify under oath
approved supply procurement program; before him/her, and the attendance or evidence of an
absent or recalcitrant witness may be enforced by
(8) Negotiate and conclude contracts for services or for application to any trial court;
furnishing supplies, materials and equipment and the
likes within the budgetary limits set for the region; (c) Have charge of the prosecution of all crimes,
misdemeanors and violations of city or municipal
(9) Within his/her region, monitor the submission of all ordinances in the courts at the province or city and
reports as may be required by the Secretary of Justice; therein discharge all the duties incident to the institution
of criminal actions, subject to the provisions of second
(10) Coordinate with the regional offices of other paragraph of Section 5 hereof.
departments, bureaus and agencies of the government
and with local governments units in the region; and Section 11. Office of the City Prosecutor. Number of
Prosecutor for Each City. - There shall be for each of the
(11) perform such other duties and functions as may be following cities the corresponding number of City
Provided by law or as may further be delegated by the Prosecutor and his/her deputies, assistants and associates.
Secretary of Justice.
(a)Manila: (178)
Section 9. Powers and Functions of the Provincial
Prosecutor or City Prosecutor. - The provincial prosecutor One (1) City Prosecutor
shall:
Seven (7) Deputy City Prosecutors
(a) Be the law officer of the province or city, as the
case may be: Seventy-four (74) Senior Assistant City Prosecutors
(b) Investigate and/or cause to be investigated all Ninety-six (96) Assistant City Prosecutors
charges of crimes, misdemeanors and violations of
(b)Quezon City: (109)
penal laws and ordinances within their respective
jurisdictions, and have the necessary information or One (1) City Prosecutor
complaint prepared or made and filed against the
persons accused. In the conduct of such investigations Five (5) Deputy City Prosecutors
2
REMEDIAL LAW
Forty-eight (48) Senior Assistant City Prosecutors Fifty-five (55) Assistant
Iloilo: (36)City Prosecutors
Makati: (107) One (1) City Prosecutor
One (1) City Prosecutor Two (2) Deputy City Prosecutors
Five (5) Deputy City Prosecutors Thirteen (13) Senior Assistant City Prosecutors Twenty (20) Assistant
Fifty (50) Senior Assistant City Prosecutors Fifty-one (51) Assistant
Caloocan:
City Prosecutors
(35)
Cebu: (42) One (1) City Prosecutor
Two (2) Deputy City Prosecutors Thirteen (13) Senior Assistant City Prosecutors Nineteen (19) Assistan
Seventeen (17) Senior Assistant City Prosecutors Twenty-two (22) Pasay:
Assistant
(31) City Prosecutors
Pasig: (37) One (1) City Prosecutor
Two (2) Deputy City Prosecutors Thirteen (13) Senior Assistant City Prosecutors Fifteen (15) Assistant C
Sixteen (16) Senior Assistant City Prosecutors Eighteen (18) Assistant
Bacolod;
CityDavao;
Prosecutors
Cagayan de Oro: (30) One (1) City Prosecutor
2
REMEDIAL LAW
Two (2) Deputy City Prosecutors Twelve (12) Assistant City Prosecutors
Thirteen (13) Senior Assistant City Prosecutors Fourteen (14) Assistant
Las Pinas:
City (21)
Prosecutors
Naga (Camarines Sur): (27) One (1) City Prosecutor One (1) City Prosecutor
Two (2) Deputy City Prosecutors One (1) Deputy City Prosecutor
Twelve (12) Senior Assistant City Prosecutors Twelve (12) Assistant
Seven
City(7)
Prosecutors
Senior Assistant City Prosecutors Seven (7) Assistant City P
Paranaque: (23) One (1) City Prosecutor Mandaluyong: (16) One (1) City Prosecutor
One (1) Deputy City Prosecutor One (1) Deputy City Prosecutor
Eight (8) Senior Assistant City Prosecutors Thirteen (13) AssistantSeven
City Prosecutors
(7) Senior Assistant City Prosecutor Seven (7) Assistant City Pr
Marikina: (22) Valenzuela; Muntinlupa; Taguig: (15) One (1) City Prosecutor
One (1) City Prosecutor One (1) Deputy City Prosecutor
One (1) Deputy City Prosecutor Seven (7) Senior Assistant city Prosecutors Six (6) Assistant City Prose
Eight (8) Senior Assistant City Prosecutors Malabon and Navotas: (13)
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One (1) City Prosecutor Eight (8) Assistant City Prosecutors Nine (9) Associate City Prosecutor
One (1) Deputy City Prosecutor Batangas: (18)
Five (5) Senior Assistant city Prosecutors Six (6) Assistant City Prosecutors
One (1) City Prosecutor
San Juan: (10) One (1) Deputy City Prosecutor Eight (8) Assistant City Prosecutors Ei
One (1) City Prosecutor Angeles: (17)
One (1) Deputy City Prosecutor One (1) City Prosecutor
Four (4) Senior Assistant city Prosecutors Four (4) Assistant City One
Prosecutors
(1) Deputy City Prosecutor Seven (7) Assistant City Prosecutors E
Baguio;SanFernando(Pampanga);Antipolo; Dumaguete: (20) Tacloban; Zamboanga: (16) One (1) City Prosecutor
One (1) City Prosecutor One (1) Deputy City Prosecutor Seven (7) Assistant City Prosecutors S
One (1) Deputy City Prosecutor Eight (8) Assistant City Prosecutors Eight (10) Associate City Prosecutors
Cabanatuan; Legaspi: (19) One (1) City Prosecutor
One (1) Deputy City Prosecutor
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Iligan: (15) One (1) Deputy City Prosecutor Five (5) Assistant City Prosecutors Fiv
One (1) City Prosecutor (aa) Urdaneta; Puerto Prinscesa: (11) One (1) City Prosecutor
One (1) Deputy City Prosecutor Six (6) Assistant City ProsecutorsOne (1) Deputy City Prosecutor Five (5) Assistant City Prosecutors Fou
Seven (7) Associate City Prosecutors One (1) City Prosecutor
Laoag: San Fernando (La Union); Tuguegarao; Lucena; Iriga; Roxas:One (1)(14)
Deputy City Prosecutor Four (4) Assistant City Prosecutors Fo
One (1) City Prosecutor (cc) San Jose Del Monte: San Pablo: Masbate: Mandaue: (9) One (1) C
One (1) Deputy City Prosecutor Six (6) Assistant City ProsecutorsOne
Six (1)
(6) Deputy
Associate
City
City
Prosecutor
Prosecutors
Three (3) Assistant City Prosecutors
Dagupan; Olongapo; Calamba; General Santos: (13) One (1) City Prosecutor
One (1) Deputy City Prosecutor Five (5) Assistant City Prosecutors Six (6) Associate City Prosecutors
Tagbilaran; Butuan (12) One (1) City Prosecutor
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Four (4) Associate City Prosecutors (gg) Candon; Vigan; Alaminos;Cauayan; San Carlos (Pangasinan); Tan
(dd) Santiago; Malolos; Meycauayan; Tarlac; Sorsogon; Oroquieta: One(8)(1) City Prosecutor
One (1) City Prosecutor One (1) Deputy City Prosecutor Two (2) Assistant City Prosecutors On
One (1) Deputy City Prosecutor Three (3) Assistant City Prosecutors
OneThree
(1) City
(3)Prosecutor
Associate City Prosecutors
(ee) Gapan; Balanga; Lipa; Ligao;Tabaco;Lapu-Lapu;Tagum: (7)One (1) Deputy City Prosecutor One (1) Assistant City Prosecutor One
One (1) City Prosecutor (ii) Palayan; Science City of Munoz; Sta. Rosa; Tagaytay; Trece Martir
One (1) Deputy City Prosecutor Three (3) Assistant City Prosecutors
OneTwo(1) City
(2) Associate
ProsecutorCity Prosecutors
(ff) San Jose; Cavite; Talisay (Cebu) : (6) One (1) City Prosecutor
One (1) Deputy City Prosecutor Two (2) Assistant City Prosecutors Two (2) Associate City Prosecutors
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One (1) Deputy City Prosecutor One (1) Associate City Prosecutorduring custody or detention, it shall be the duty of the
(jj)Escalante;Sipalay;Talisay(NegrosOccidental); Victorias; Valencia: (2)
prosecutor to investigate the same. (n)
One (1) City Prosecutor
One (1) Deputy City Prosecutor Section 20. Conduct of Preliminary Investigation. -
After the approval of this Act, there shall be for each city one (1 deputy city prosecutor
Preliminary for every
investigation shall twenty-five (25) prosecutors
be conducted in the or a fracti
following instances:
(a) when the child in conflict with the law does not
qualify for diversion;
(b) when the child, the parents or guardian do not
agree to diversion as provided in Sections 27 and 28 of
Republic Act No. 9344; or
(c) when, after considering the assessment and
recommendation of the social worker, the prosecutor
determines that diversion is not appropriate for the
child in conflict with the law. (n
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 ● A Complaint-Affidavit dated 13 September 2004,
of a child conflict with the law shall be governed by was filed by Estrella V. Crisostomo charging
Section 3 of Rule 112 of the Revised Rules of Criminal Presiding Judge Maria Filomena Singh-Paulite
Procedure. A specially trained prosecutor shall be with knowingly rendering an unjust judgment,
assigned to conduct the inquest, preliminary gross inefficiency and gross ignorance of the law
investigation and prosecution of the case involving a relative to a criminal case
child in conflict with the law. The child, on the other ● The decision acquitted Armi Candelaria and
hand, shall be assisted by a private lawyer or if none, a dismissed the case for insufficiency of evidence.
lawyer from the Public Attorney's Office. If there is an ● However, the public prosecutor failed to attend the
allegation or evidence of torture or ill-treatment of a scheduled hearings in 2 instances
child in conflict with the law
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● This caused the cancellation of all hearings
including the promulgation of judgment. that "(A) 11 criminal actions commenced by
● The promulgation date was reset 20 days later complaint or information shall be prosecuted under
and advance copies of the decisions were sent to the direction and control of the prosecutor.
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
● The court find that it served as sufficient ground for stated by this Court, 'once a public prosecutor has been
entrusted with the investigation of a case and has acted
the respondent Judge to reset the promulgation
thereon by filing the necessary information in court, he is by
20 days after the original date set
● It was not characteristic of gross inefficiency on law duty bound to take charge thereof until its final
the part of respondent Judge Paulite. termination, for under the law he assumes full
● It should be noted that nowhere under Rule 120 responsibility for his failure or success since he is the one
of the 2000 Revised Rules of Criminal Procedure is more adequately prepared to pursue it to its termination.'
there any mention of the presence or absence of the (Salcedo vs. Liwag, L-21068, November 29, 1963, 9 SCRA
prosecution. 609)." There can be no doubt that the "final termination" of
● In fact, Section 6 of Rule 120 clearly lays down a criminal prosecution referred to is the promulgation of
the rule for promulgation of the judgment in judgment in the case. The presence of the Public Prosecutor
during promulgation of judgment is therefore
absentia, when the same may proceed even in the
absence of either or both the accused and the indispensable. This supports the common practice and the
accused's counsel, without any word regarding the policy of trial courts of promulgating their judgments in
presence or absence of the prosecution. criminal cases always in the presence of the assigned Public
● In the absence of a specific rule on the matter, Prosecutor.
therefore, reference must be made to the general PEOPLE vs. YPARRAGUIRRE
rule found in Section 5 of Rule 110 which requires
CRIME:Rape

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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 A: The State. People of the Philippines
crimes against chastity. Hence, only the offended party/
victim of the complaint can file / sign the case. In the new Is the consent given prior to the commission of
rape law passed in 1997, it is now a crimes against concubinage valid?
person which makes it a public crime. Hence, it can be A: The SC states that the consent provided by the person
filed by the chief 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
FACTS: Cases filed against Schneckenburger are Bigamy the place where the offense was committed.
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 complying with the protected constitutional rights of an
which he is known or has been known; accused.
ii. Designation of the offense given by the statute; Ǫ:Can the accused be convicted of a crime not charged in
iii. Acts or Omissions complained of as constituting the the information/ complaint?
A: No, the accused cannot be convicted of a crime not
offense;
charged in the complaint or information as it will be
iv. The name of the Offended party; violative against his right to be informed of the nature
and cause of accusation against him.
v. The approximate Date of the commission of the
offense; Ǫ: Can the accused be convicted of a crime not charged in
the information/ complaint but was duly prudent during
vi. Place where the offense was committed. trial?
A: No, the accused cannot be convicted of a crime not
Ǫ: Where do you find the requisites for the name of the charged in the complaint or information even when the
accused to be sufficient? elements of another crime is present or duly prudent
A: The provision regarding the name of the accused can during the trial as it will be violative against his right to
be found in Sec 7 Rule 110. be informed of the nature and cause of accusation
against him.
Purpose of the rule:
Criteria for the Sufficiency of an indictment
1. Inform the accused of the nature and cause of
accusation against him/ her; and 1. Whether the indictment contains the elements of the
2. To notify the defendant of the criminal acts imputed to offense to be charged, and sufficiently apprises the defendant
him so that he can duly prepare his defense of what he must be prepared to meet
Ǫ:Why is there a need for the accused to be informed of 2. In case any other proceeding are taken against the
the nature and cause of accusation against him? defendant for the same offense, the records must accurately
A: Bec it is a right guaranteed under the Constitution. show up to what extent he may please a former acquittal or
conviction.
One of the Constitutional rights of the accused is to be
informed by the nature and cause of accusations against Ǫ: Can the sufficiency of an information be questioned?
him. Hence, through these 6 requisites, the law in effect A: Yes, however it is not absolute. An accused is deemed to
is
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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
CRIME: Rape and Attempted Rape been or is known. If his name cannot be ascertained, he
must be described under a fictitious name with a statement
FACTS: that his true name is unknown.
Maricar Dimaano charged her father, Edgardo Dimaano
with two (2) counts of rape and one (1) count of attempted If the true name of the accused is thereafter disclosed by
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 and record.
complaint or information for attempted rape sufficiently
alleged the specific acts or omissions constituting the offense Ǫ: 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 has been known
sufficient to enable a person of common understanding to 2. In cases that name cannot be ascertained, a
know what offense is intended to be charged, and enable fictitious name with a statement that his true
the court to pronounce proper judgment. name 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
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REMEDIAL LAW
Ǫ: When can a mistake in the name of the accused be
corrected? Why? WON the insertion of the real name of the accused can
A: Name can be corrected in any state of proceedings as be made after the arraignment? Is it considered a matter
the correction which regards to the name of the accused of form/ substance?
does not affect in any way deprive the accused his right
Ruling:
to put forward his defenses.
Yes. the insertion of name or real name of the accused can
Is a mistake in the name of the accused equivalent to a be made at any state of arraignment as it is only a
mistake in the identity of the accused? matter of form.
No. a mistake in the name of the accused does not amount
to a mistake in the identity of the accused especially Section 8. Designation of the offense. — The complaint or
when sufficient evidence has been presented to show information shall state the designation of the offense given
that the accused was pointed to as one of the by the statute, aver the acts or omissions constituting the
perpetrators of the crime. However, the identity of the offense, and specify its qualifying and aggravating
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 To enable the court to pronounce proper judgment
ransom with murder and a separate charge for illegal Ǫ: What is the test that should be followed for purposes in
possession of firearms. When accused Romeo Padica and determining whether the offense was sufficiently
Marajas were both arraigned, with the assistance of their designated?
respective counsel, they both pleaded not guilty. 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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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
Ǫ: 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
prescribed by law sexual intercourse.
Ǫ: What is the effect of the Ǫualifying 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
Ǫ: 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:
NO Section 10. Place of commission of the offense. — The
complaint or information is sufficient if it can be
The complaint or information shall state the designation of understood from its allegations that the offense was
the offense given by the statute, aver the acts or omissions committed or some of the essential ingredients occurred at
constituting the offense and specify its qualifying and some place within the jurisdiction of the court, unless the
aggravating circumstances.If there is no designation of the particular place where it was committed constitutes an
offense, reference shall be made to the section or subsection essential element of the offense or is necessary for its
of the statute punishing it. identification.
Ǫ: 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 committed or some of the essential ingredients occurred at
in 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
judgment. (9a) Ǫ: C/I alleged that the crime was committed in Pamplona I,
but in reality, the crime is committed in Pamplona II. can
Ǫ: 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
3
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
Ǫ: Accused committed Trespass to dwelling in Brgy time of the commission of the offense (Art. 260 of the RPC);
Tatalon, however the place indicated in C/I is Brgy Imelda.
Can the accused be convicted? (ii) a criminal action arising from illegal recruitment as
A: No. the place is essential element of the crime trespass to defined under RA 8042 may be filed with the RTC of the
dwelling, hence the specific house needs to be alleged. province or city where the offense was committed or where
the offended party actually resides at the time of the
Q: Is venue in criminal cases jurisdictional? commission of the 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
be instituted and tried in the court of the municipality or at the place of actual residence of the trafficked person at
territory wherein the offense was committed or where any one the 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
Ǫ: How about in civil cases? Is venue in civil cases of 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.
Ǫ: What is the purpose of Sec11?

Ǫ: 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 constitute a public offense.
must 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:
CRIME: Rape No, While the section 7 of the Code of Criminal Procedure
provides that "except when time is a material ingredient
Facts: of an offense, the precise time of commission need not
On or about and during the interval between October, be stated in a complaint or information, but the act may
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 prosecuting officer may be careless about fixing the date
accused did then and there, willfully, maliciously, and of the alleged crime, or that he may omit the date
feloniously have sexual intercouse with, and did lie with, altogether, or that he may make the allegation so
and carnally know a woman, Isabel de la Cruz, under 12 indefinite as to amount to the same thing. Where the
years of age, in the following manner, to wit: the exact date cannot be fixed, or where the prosecuting
aforesaid accused is the stepfather of the aforesaid Isabel officer is thoroughly satisfied that he can prove a precise
de la Cruz and during the aforesaid period was the legal date, he should allege in the information that the crime
guardian of said Isabel de la Cruz; that by threats and was committed on or about a date named. Under such
allegation he is not required to prove any precise date
corporal punishment upon said Isabel de la Cruz ,the but may prove any date which is not so remote as to
aforesaid accused, Antonio Javier Dichao, had sexual surprise any prejudice the defendant. In case of surprise
intercourse with and did lie with and carnally know-said the court may allow an amendment of the information as
Isabel de la Cruz; as a result whereof the said Isabel de to time and an adjournment to the accused, if necessary,
la Cruz gave birth on August 5, 1912, to a child. All to meet the amendment.
contrary to law."

39

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

information must state the name and surname of the
Ǫ. 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
his defense (People vs Manalili, 294 SCRA 220). There is
a fictitious name.
however an exception. The exception is in complex crimes
(a) In offenses against property, if the name of the where the law prescribes a single punishment for various
offended party is unknown, the property must be offenses. The reason for the exception is in the eyes of the law,
described with such particularity as to properly identify they constitute only one crime because the offender has only
the offense charged. one criminal intent.
(b)If the true name of the of the person against whom or Ǫ. What is the effect of failure to prove complex crime?
against whose properly the offense was committed is A. If complex crime is charged and the evidence fails to
thereafter disclosed or ascertained, the court must cause support the charge as to one of the component offenses, the
the true name to be inserted in the complaint or defendant can be convicted only of the offense proved. (People
information and the record. vs Calaboroso, 340 SCRA 338)
(c) If the offended party is a juridical person, it is Ǫ: What is duplicitous offense?

sufficient to state its name, or any name or designation by A: A duplicitous information is a single complaint or
which it is known or by which it may be identified, information charges more than one offense
without need of averring that it is a juridical person or
A,tasked to collect money from the vendors. A collects P100/
that it is organized in accordance with law. (12a)
vendor but only surrender a receipt with an amount of
P10/ vendor.
Section 13. Duplicity of the offense. — A complaint or Ǫ: What are the crimes committed?
information must charge but one offense, except when the A: Malversation and Falsification of documents
law prescribes a single punishment for various offenses.
Ǫ: Is it a duplicitous offense?
A: Yes

40

REMEDIAL LAW
If it appears at any time before judgment that a mistake
Ǫ: 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
Ǫ. What is the remedy against duplicitous information? accordance with section 19, Rule 119, provided the
A. Move to quash the complaint or information before plea; accused shall not be placed in double jeopardy. The
otherwise the defect is deemed waived (People vs Nogar, 341 court may require the witnesses to give bail for their
SCRA 210). appearance at the trial.
Ǫ. What is the effect if the accused fails to object to Ǫ: 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).
Ǫ: 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
when it can be done without causing prejudice to the rights case so as to cause the surprise to the accused and
of the accused. affect 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 Ǫ: 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 Ǫ. What is the test of substantial amendment?
defense; A. The test is whether a defense under the information as
● Where it does not involve a it 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 Ǫ. 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
Ǫ. What constitutes substantial amendments? impermissible
A. An amendment is substantial when it is prejudicial to the
rights of the accused. After Plea-
Covers only formal amendment provided that:

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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
GALVEZ vs CA habitual delinquency and recidivism on the part of Almeda.
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
obtained and it is not prejudicial to the rights of the accused. motion to amend should have been made in writing in
order to enable him to object formally, and (c) the
Essential elements of a consumated murder are the same proposed amendment would place him in double
essential elements of Murder. Yung pagkamatay is merely a jeopardy considering that he had already pleaded not
supervening event. Therefore, it is a formal amendement. guilty to the information. The trial court nevertheless
***Atty MAC does not agree with this but follow SC*** granted the respondent fiscal's motion in open court. An
DOCTRINE OF SUPERVENING EVENT oral motion for reconsideration was denied.
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, FACTS:
with the use of his influence as such public official, Trying to amend the date of the commission of the offense
committing the offense in relation to his office, together as there’s a disparity of 1 month.
with JOCELYN CABO, did then and there, willfully,
unlawfully and feloniously receive and accept the amount ISSUE:
of ONE HUNDRED FOUR THOUSAND ONE HUNDRED WON the amendment of date due to disparity of 1 mo
SIXTY TWO PESOS AND 31/100 (P104,162.31) from considered a formal amendment
said JOCELYN
CABO, Business Manager of Orient Integrated Development RULING:
Consultancy, Inc. (OIDCI), a consultancy group charged Yes, whenever the date is not an essential element of the
with conducting a feasibility study for the Community- crime it shall be considered as a formal amendment.
Based Resource Management Project of the Municipality
of Barobo, with accused Cabo giving and granting the Mendez vs People
said amount to accused Balahay in consideration of the
said accused having officially intervened in the CRIME: Failure to file ITR
undertaking by 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
The phrase “for the income earned 2001-2003” is missing first filed.
ISSUE: Ǫ: 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
RULING: and all other stations na dinadaanan ng LRT.
No. it is only a formal amendment. Ǫ: Batangas Port dumadaan sa Cebu, sumakay ka sa Davao
papuntang Maynila. Dinukot wallet mo sa Cebu. Where can
Section 15. Place where action is to be instituted. — you file?
(a) Subject to existing laws, the criminal action shall be A: Sa Cebu, dun ka unang dumaan e. Tapos ang final
instituted and tried in the court of the municipality or destination mo sa Batangas. Pag barko, kung san ka umalis, di
territory where the offense was committed or where any of ka pede mag file.
its essential ingredients occurred.
Offense is committed on board a vessel in the course of its
(b)Where an offense is committed in a train, aircraft, or voyage, the criminal action shall be instituted and tried in the
other public or private vehicle while in the course of its court of the first port of entry or of any municipality or
trip, the criminal action shall be instituted and tried in the territory where the vessel passed during such voyage.
court of any municipality or territory where such train,
aircraft or other vehicle passed during such its trip,
Ǫ. 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
(c) Where an offense is committed on board a vessel in place where the offense or any of its essential elements
the course of its voyage, the criminal action shall be ingredients was committed”. This rule is not absolute. It is
instituted and tried in the court of the first port of entry subject to existing laws like the
or of any municipality or territory where the vessel passed
during such voyage, subject to the generally accepted (i) original cases cognizable by the Sandiganbayan because
principles of international law. the case shall be tried where the court sits (PD 1606 as
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
Ǫ. 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 Ǫ. 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 action (see Sec. 1, Rule 111 of the ROC)
to 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.
Ǫ. 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
Ǫ. 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,
G.R. 71914, January 29, 1986). Except as otherwise provided in these Rules, no filing fees
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

47

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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 Ǫ. 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 Ǫ. What do you mean by “the civil action for the recovery
with the criminal action upon application with the court of 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
of this Rule governing consolidation of the civil and be determined in the criminal proceedings if the offended
criminal actions. (cir. 57-97) party does not waive to have it adjudged, or does not
Ǫ. What is deemed instituted with the criminal action? reserve his right to institute a separate civil action (Roa vs de la
A. Only the civil action arising from the offense charged. The Cruz, G.R. No. L-13134, Feb. 13, 1960) or does not institute a
independent civil actions under Arts. 32, 33, 34 & 2176 of the separate civil action prior to the criminal action.
Civil Code are not included.
Ǫ. When is civil action deemed not instituted with the
GR: When a criminal action is instituted, the civil action for criminal action?
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;
XPN: (iii)when he institutes the civil action prior to the criminal
action; and
● The offended party waives the civil action (iv) when the civil action is based on Arts. 32, 33, 34 &
● When the offended party reserves the right to 2176 of the Civil Code.
institute it separately
Ǫ. 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
**The rights under Articles 31,32,33, 34 and 2176 are filing fee need not be paid and shall simply constitute a first
substantive law. Hence, it cannot be diminished. (Hindi pwede lien on 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
Ǫ. 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.
Ǫ: 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:
Ǫ. 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 ● Later, a complaint for damages was filed by respondent
alleged

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represented by his father, against petitioners in the
● Although the separate civil action filed in this case was
Regional Trial Court.
without previous reservation in the criminal case,
● Trial court rendered a decision awarding damages to 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
be filed independently of the criminal action under reservation that should be made by the offended party
Article 33 of the Civil Code. before the 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
Crim case: BP22 – NO INDEPENDENT CIVIL ACTION
impliedly instituted with the criminal action unless the
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 Manila filed in the Metropolitan Trial Court of Manila
Revised Penal Code, and damages under Articles 32, 33,
34 and 2176 of the Civil Code of the Philippines arising (MeTC) an information charging the late Eduardo
from the same act or omission of the accused Simon with a violation of Batas Pambansa Bilang 22 (BP
(INDEPENDENT CIV ACTIONS) Blg 22), 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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thereof has not yet commenced, it may be consolidated
City a civil action for the collection of the principal with the criminal action upon application with the court
amount of ₱336,000.00, coupled with an application for trying the latter case. If the application is granted, the
a writ of preliminary attachment. trial of both actions shall proceed in accordance with
It alleges the dishonor of Land Bank Check No. section 2 of the Rule governing consolidation of the
0007280 dated December 26, 1996 upon presentment for civil and criminal action
payment with drawee bank. The check, in the amount of
₱336,000 was issued to Chan by Simon who is the
accused in the above-mentioned criminal case. Did the pendency of the civil action in the MeTC in
The MeTC dismissed the case on the ground of litis Manila (as the civil aspect in Criminal Case No. 275381)
pendentia (a ground for the dismissal of a civil action bar the filing of Civil Case No. 915-00 in the MeTC in
refers to that situation wherein another action is Pasay City on the ground of litis pendentia?
pending between the same parties for the same cause
of action, such that the second action becomes For litis pendentia to be successfully invoked as a bar
unnecessary and vexatious.) which was affirmed by the to an action, the concurrence of the following
RTC. requisites is necessary, namely: (a) there must be
On appeal, the CA reversed the decision and ordered the identity of parties or at least such as represent the
continuance of the civil case. same interest in both actions; (b) there must be
ISSUE: identity of rights asserted and reliefs prayed for, the
reliefs being founded on the same facts; and, (c) the
W/N the institution of a separate civil action based on
identity in the two cases should be such that the
BP Blg 22 is proper? - NO
judgment that may be rendered in one would,
RULING: regardless of which party is successful, amount to res
No. 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 Neri vs Sandiganbayan
prohibited and punished under BP Blg 22.
Section 1 (b) Rule 111 of the Rules of Court provides that CRIME: Graft and Corruption Cases
the criminal action for violation of Batas Pambansa Blg.
22 shall be deemed to include the corresponding civil FACTS:
action. No reservation to file such civil action separately This case talks about how criminal cases should be
shall be allowed. consolidated so as not to defeat the purpose of
Where the civil action has been filed separately and trial

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promoting a more expeditious and less expensive
resolution of the controversy of cases involving the same
business transaction.
Petitioner Romulo L. Neri (Neri) served as Director

General of the National Economic and Development
Authority (NEDA) during the administration of former
President Gloria Macapagal-Arroyo. In connection with
the botched Philippine-ZTE National Broadband
Network (NBN) Project, the Ombudsman filed two
criminal information
the first against Abalos,
and the second against Neri.
The Office of the Special Prosecutor then moved for
the two cases’ consolidation, to promote a more
expeditious and less expensive resolution of the
controversy of cases involving the same business
transaction.
ISSUE:
W/N Consolidation of the two cases is proper. - NO
RULING:
Consolidation is a procedural device granted to the court
as an aid in deciding how cases in its docket are to be
tried so that the business of the court may be dispatched
expeditiously while providing justice to the parties.
Toward this end, consolidation and a single trial of
several cases in the court's docket or consolidation of
issues within those cases are permitted by the rules.
The term "consolidation" is used in three (3) different
senses or concepts, thus:
Where all except one of several actions are stayed until

one is tried, in which case the judgment [in one] trial is
conclusive as to the others. This is not actually
consolidation but is referred to as such. (quasi
consolidation)
Where several actions are combined into one, lose their

separate identity, and become a single action in which
a single judgment is rendered. This is illustrated by
a situation where several actions are pending between
the same parties stating claims which might have been
set out originally in one complaint. (actual consolidation)
Where several actions are ordered to be tried together
but each retains its separate character and requires the
entry of a separate judgment. This type of
consolidation does not merge the suits into a single
action, or cause the parties to one action to be
parties to the other. (consolidation for trial).
To be sure, consolidation, as taken in the above senses, is
allowed, as Rule 31 of the Rules of Court is entitled
"Consolidation or Severance." And Sec. 1 of Rule 31
provides: Section 1.Consolidation. – When actions
involving a common question of law or fact are pending
before the court, it may order a joint hearing or trial of
any or all the matters in issue in the actions; it may order
all actions consolidated; and it may make such orders
concerning proceedings therein as may tend to avoid
unnecessary costs or delay.
The counterpart, but narrowed, rule for criminal cases
is found in Sec. 22, Rule 119 of the Rules of Court
stating: Sec. 22.
Consolidation of trials of related offenses. – Charges for
offenses founded on the same facts or forming part of
a 52

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series of offenses of similar character may be tried jointly
at the discretion of the court.
As complemented by Rule XII, Sec. 2 of the
Sandiganbayan Revised Internal Rules which states:
Section 2.Consolidation of Cases. – Cases arising from
the same incident or series of incidents, or involving
common questions of fact and law, may be
consolidated in the Division to which the case bearing
the lowest docket number is raffled.
The prosecution anchored its motion for consolidation
partly on the aforequoted Sec. 22 of Rule 119 which
indubitably speaks of a joint trial.||| Joint trial
is permissible "where the [actions] arise from the same
act, event or transaction, involve the same or like issues,
and depend largely or substantially on the same
evidence, provided that the court has jurisdiction over the
cases to be consolidated and that a joint trial will not
give one party an undue advantage or prejudice the
substantial rights of any of the parties."
More elaborately, joint trial is proper where the
offenses charged are similar, related, or connected, or
are of the same or similar character or class, or involve or
arose out of the same or related or connected acts,
occurrences, transactions, series of events, or chain of
circumstances, or are based on acts or transactions
constituting parts of a common scheme or plan, or are
of the same pattern and committed in the same
manner, or where there is a common element of
substantial importance in their commission, or where
the same, or much the same, evidence will be
competent and admissible or required in their
prosecution, and if not joined for trial the repetition or
reproduction of substantially the same

testimony
will be required on each trial.

Criminal prosecutions primarily revolve around proving
beyond reasonable doubt the existence of the elements
of the crime charged. As such, they mainly involve
questions of fact. There is a question of fact when the
doubt or difference arises from the truth or the falsity
of the allegations of facts. Put a bit differently, it exists
when the doubt or difference arises as to the truth or
falsehood of facts or when the inquiry invites
calibration of the whole gamut of evidence considering
mainly the credibility of the witnesses, the existence
and relevance of specific surrounding circumstances as
well as their relation to each other and to the whole,
and the probability of the situation.
A consolidation of the Neri case to that of Abalos would
expose petitioner Neri to testimonies which have no
relation whatsoever in the case against him and the
lengthening of the legal dispute thereby delaying the
resolution of his case. Consolidation here would force
petitioner to await the conclusion of testimonies
against Abalos, however irrelevant or immaterial as to
him (Neri) before the case against the latter may be
resolved – a needless, hence, oppressive delay in the
resolution of the criminal case against him.
Sec. 22, Rule 119 of the Rules of Court - Consolidation of

trials of related offenses. – Charges for offenses founded
on the same facts or forming part of a series of
offenses of similar character may be tried jointly at the
discretion of the court.
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Section 2. When separate civil action is suspended. — After Ǫ. 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
If the criminal action is filed after the said civil action has entered. If the separate civil action was filed before the
already been instituted, the latter shall be suspended in commencement of the criminal action, the civil action, if still
whatever stage it may be found before judgment on the pending, is suspended upon the filing of the criminal action
merits. The suspension shall last until final judgment is until final judgment is rendered in the criminal action. This
rendered in the criminal action. Nevertheless, before rule applies only to separate civil action filed to recover civil
judgment on the merits is rendered in the civil action, the liability and not to independent civil actions based on Arts. 32,
same may, upon motion of the offended party, be 33, 34 & 2176 of the Civil Code (Casupanan vs Laroya,
consolidated with the criminal action in the court trying the 388 SCRA 28).
criminal action. In case of consolidation, the evidence Ǫ: 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
based on delict shall be deemed extinguished if there is a action is impliedly instituted in the criminal action. so, nag
finding in a final judgment in the criminal action that the hhearing ng saba. 2020 nagnakaw at dinemanda sa A, 2035
act or omission from which the civil liability may arise did na, tumatakbo paden kaso.
not exist. (2a)
Ǫ: 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
action which cannot be instituted separately or whose not exist (Sec. 2, Rule 111 of the ROC). However, the
proceeding has been suspended shall be tolled. extinction of civil liability refers exclusively to civil liability
Ǫ: What is the difference of separate civil action with founded on Art. 100 of the RPC (delict) whereas the civil
independent civil action? liability for the same act considered as quasi-delict only and
A: Separate civil action - yung magkakambal (Crim and civil not as a crime (delict) is not extinguished even by a
action) hiniwalay yung civil, yun ang separate civil action declaration that the criminal act charged has not happened or
has not been committed by the accused (Manliclic vs
Independent civil action- NCC 32,33,34 and 2176 Calauanan, G.R. No. 150157, January 25, 2007)
Ǫ. What instances is the rule on preference of criminal

Ǫ. What is the rule of survival of civil liability despite
action inapplicable?
A. accused’s acquittal?
(i) in cases of independent civil action under Arts. 32, 33, 34 & A. The civil liability is not extinguished by acquittal where
(i) the acquittal is based on reasonable doubt (Rico vs
2176 of the Civil Code;
(ii) in case the separate civil action involves a prejudicial People, 392 SCRA 61);
(ii) where the court expressly declares that the liability of
question determinative of whether the criminal action may
proceed or not (Secs. 6 & 7, Rule 111); the accused is not criminal but only civil in nature like the case
(iii) when the civil case is subsequently consolidated with the of Pp vs CWT;
(iii) where the civil liability is not derived from or based on
criminal action (Sec. 2, Rule 111);
(iv) when the civil action does not seek to enforce civil the criminal act of which the accused is acquitted (Sapira vs
liability arising from the offense such as a civil action for CA, 314 SCRA370)
legal separation arising from the crime of concubinage San Ildefonso Lines, Inc vs Javier
(Gandionco 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
Ǫ. 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 Ace with the end in view of providing a simplified and inexpensive
Van being driven by its owner Annie U. Jao and a passenger bus of procedure for the speedy disposition of cases which should not
herein petitioner San Ildefonso Lines, Inc. (hereafter, SILI) figured in a diminish, increase or modify substantive rights.
vehicular mishap at the intersection of Julia Vargas Avenue and ● Far from altering substantive rights, the primary purpose of the
Rodriguez Lanuza Avenue in Pasig, Metro Manila, totally wrecking reservation is, to borrow the words of the Court in "Caños v. Peralta"
the Toyota van and injuring Ms. Jao and her two (2) ● Clearly then, private respondent PISC, as subrogee under Article
passengers in the process. 2207 of the Civil Code, is not exempt from the reservation
● A criminal case was thereafter filed with the Regional Trial Court of requirement with respect to its damages suit based on quasi-delict
Pasig on September 18, 1991 charging the driver of the bus, herein arising from the same act or omission of petitioner Javier complained of in the
petitioner Eduardo Javier, with reckless imprudence resulting in criminal case. As private respondent PISC merely stepped into the shoes of Ms.
damage to property with multiple physical injuries. Jao (as owner of the insured Toyota van), is bound to observe the procedural
● About four (4) months later, or on January 13, 1992, herein private requirement which Ms. Jao ought to follow had she herself instituted the civil
respondent Pioneer Insurance and Surety Corporation (PISC), as case.
insurer of the van and subrogee, filed a case for damages against
petitioner SILI with the Regional Trial Court of Manila, seeking to THE OLD 1985 ROC
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 of the Ching vs Nicdao
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 Bilang
(BP) 22.
● Now that the necessity of a prior reservation is the standing rule that
● MTC found her of guilty of said offenses. RTC affirmed.
shall govern the institution of the independent civil actions referred to
● Nicdao filed an appeal to the Court of Appeals. CA reversed the
in Rule 111 of the Rules of Court, past pronouncements that view the
decision and acquitted accused.
reservation requirement as an "unauthorized amendment" to
● Ching is now appealing the civil aspect of the case to the
substantive law - i.e., the Civil Code, should no longer be
Supreme Court.
controlling.
● Ching vigorously argues that notwithstanding respondent Nicdao’s
● There must be a renewed adherence to the time-honored dictum that
acquittal by the CA, the Supreme Court has the jurisdiction and
procedural rules are designed, not to defeat, but to safeguard the ends
authority to resolve and rule on her civil liability.
of substantial justice. And for this noble reason, no less than the
○ He anchors his contention on Rule 111, Sec 1(b) : The
Constitution itself has mandated this Court to promulgate rules
concerning the enforcement of rights
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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 was
shall be deemed to necessarily include the a stolen check necessarily absolved respondent
corresponding civil action, and no reservation to file Nicdao of any civil liability thereon as well.
such civil action separately shall be allowed or ● Under the circumstances which have just been discussed
recognized. lengthily, such acquittal carried with it the extinction of her
● Moreover, under the above-quoted provision, the criminal action for civil liability as well.
violation of BP 22 necessarily includes the corresponding civil action,
which is the recovery of the amount of the dishonored An appeal is the proper remedy that a party — whether the accused or the
check representing the civil obligation of the drawer to the offended party — may avail with respect to the judgment:
payee.
● Nicdao’s defense: Sec 2 of Rule 111 — Except in the cases ● If the accused is acquitted on reasonable doubt but the court renders
provided for in Section 3 hereof, after the criminal action has been judgment on the civil aspect of the criminal case, the prosecution
commenced, the civil action which has been reserved cannot be cannot appeal from the judgment of acquittal as it would place the
instituted until final judgment in the criminal action. accused in double jeopardy.
○ Accdg to her, CA’s decision is equivalent to a finding that the ● However, the aggrieved party, the offended party or the accused or both
facts upon which her civil liability may arise do not exist. may appeal from the judgment on the civil aspect of the case within the period
○ The instant petition, which seeks to enforce her civil liability therefore
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: — In the cases provided for in Articles 32, 33, 34 and 2176
W/N Nicdao civilly liable? NO
of the Civil Code of the Philippines, the independent
RULING: civil action may be brought by the offended party. It
A painstaking review of the case leads to the conclusion that respondent Nicdao’s shall proceed independently of the criminal action and
acquittal likewise carried with it the extinction of the action to enforce her civil shall require only a preponderance of evidence. In no
liability.
● There is simply no basis to hold respondent Nicdao civilly case, however, may the offended party recover damages
liable to petitioner Ching. twice for the same act or omission charged in the
● CA’s acquittal of respondent Nicdao is not merely criminal action. (3a)
based on reasonable doubt.
● 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 stolen
Article 32. Any public officer or employee, or any private
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;
(2) Freedom of speech;
(3)Freedom to write for the press or to maintain a periodical

publication;
(4) Freedom from arbitrary or illegal detention;
(5) Freedom of suffrage;
(6) The right against deprivation of property without due

process of law;
(7)The right to a just compensation when private property is

taken for public use;
(8) The right to the equal protection of the laws;
(9)The right to be secure in one's person, house, papers, and

effects against unreasonable searches and seizures;
(10) The liberty of abode and of changing the same;
(11) The privacy of communication and correspondence;
(12) The right to become a member of associations or

societies for purposes not contrary to law;
(13) The right to take part in a peaceable assembly to

petition the Government for redress of grievances;
(14)The right to be a free from involuntary servitude in any

form;

(15) The right of the accused against excessive bail;
(16) The right of the accused to be heard by himself and

counsel, to be informed of the nature and cause of the
accusation against him, to have a speedy and public trial,
to meet the witnesses face to face, and to have compulsory
process to secure the attendance of witness in his behalf;
(17)Freedom from being compelled to be a witness against

one's self, or from being forced to confess guilt, or from being
induced by a promise of immunity or reward to make such
confession, except when the person confessing becomes a
State witness;
(18) Freedom from excessive fines, or cruel and unusual

punishment, unless the same is imposed or inflicted in
accordance with a statute which has not been judicially
declared unconstitutional; and
(19) Freedom of access to the courts.
In any of the cases referred to in this article, whether or not

the defendant's act or omission constitutes a criminal offense,
the aggrieved party has a right to commence an entirely
separate and distinct civil action for damages, and for other
relief. Such civil action shall proceed independently of any
criminal prosecution (if the latter be instituted), and may be
proved by a preponderance of evidence.
The indemnity shall include moral damages. Exemplary

damages may also be adjudicated.
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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REMEDIAL LAW
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
4. Any person who, in order to avoid an evil or injury, does not custody of his family who shall be charged with his
act which causes damage to another, provided that the surveillance and education otherwise, he shall be
following requisites are present; committed to the care of some institution or person
mentioned in said Art. 80.
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Ǫ. 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 ex-
intention of causing it. 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
Ǫ. Is there a need to make a reservation on
action instituted under section 3 of this Rule or which
independent civil action? Why?
thereafter is instituted to enforce liability arising from
A. There is no need. The failure to make a reservation in the
other sources of obligation may be continued against the
criminal action is not a waiver of the right to file an
estate or legal representative of the accused after proper
independent civil action based on Arts. 32, 33, 34 & 2176 of substitution or against said estate, as the case may be.
the Civil Code. The independent civil action based on these The heirs of the accused may be substituted for the
articles are separate, distinct and independent of the civil deceased without requiring the appointment of an
action “deemed instituted” in the criminal action. Under Sec. executor or administrator and the court may appoint a
1, Rule 111, what is “deemed instituted” with the criminal guardian ad litem for the minor heirs.
action is only the action to recover civil liability arising from
the crime or ex-delicto. All other civil actions under Arts. 32, The court shall forthwith order said legal representative or
33, 34 & 2176 of the Civil Code are no longer “deemed representatives to appear and be substituted within a
instituted” and may be filed separately and prosecuted period of thirty (30) days from notice.
independently even without a reservation in the criminal
action (Casupanan vs Laroya, 388 SCRA 28). The provisions of A final judgment entered in favor of the offended party
Arts. 32, 33, 34 & 2176 of the Civil Code grant the shall be enforced in the manner especially provided in
offended party the substantive right to file an these rules for prosecuting claims against the estate of the
independent civil action which right cannot be diminished, deceased.
increased or modified by the ROC (Abellana vs Marave, L-27760,
May 29, 1974)
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If the accused dies before arraignment, the case shall be instituted together therewith the civil action.
dismissed without prejudice to any civil action the
offended party may file against the estate of the deceased.
(n)
Ǫ. State the rules on the effect of death on accused’s civil

liability?
A. (i) pending appeal of his conviction extinguishes
criminal liability as well as the civil liability based solely
thereon;
(ii) the claim for civil liability survives notwithstanding the

death of the accused if the same may also be predicated on a
source of obligation other than delict. Art. 1157 of the Civil
Code enumerates these other sources of obligation from which
the civil liability may arise as a result of the same act or
omission; they are law, contracts, quasi-contracts, quasi-
delicts;
(iii) where the civil liability survives as explained in (ii)

above, an action for recovery therefor may be pursued but
only by way of filing a separate civil action and subject to
Sec. 1, Rule
111 of the ROC; this separate civil action may be enforced
either against the executor/administrator or the estate of the
accused depending on the source of obligation upon which the
same is based (People vs Abungan, 341 SCRA 258);
(iv) the private offended party need not fear for a forfeiture
of his right to file this separate civil action by prescription,
in cases where during the prosecution of the criminal action
and prior to its extinction, the private offended party
Ǫ. What is the effect of accused’s death on
independent civil action?
A. The effect of the accused’s death on the independent
civil action brought under Sec. 3 of this Rule, or which is
thereafter instituted, is governed by Sec. 16, Rule 3 of the
1997 Rules of Civil Procedure.
Section 5. Judgment in civil action not a bar. — A final

judgment rendered in a civil action absolving the
defendant from civil liability is not a bar to a criminal
action against the defendant for the same act or
omission subject of the civil action. (4a)
Section 6. Suspension by reason of prejudicial question. —

A petition for suspension of the criminal action based
upon 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 criminal action has been filed in court for
trial, the petition to suspend shall be filed in the same
criminal action at any time before the prosecution rests.
(6a)
Section 7. Elements of prejudicial question. — The

elements of a prejudicial question are: (a) the previously
instituted civil action involves an issue similar or
intimately related to the issue raised in the subsequent
criminal action, and (b) the resolution of such issue
determines whether or not the criminal action may
proceed
Ǫ. What is a prejudicial question?

A. A prejudicial question is one which arises in a case
the 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 Ǫ. 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.
Ǫ. What are the elements of prejudicial question?
A. (i) there must be a previously instituted civil action;; Ǫ. 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 FACTS:
must first be preemptively resolved before the criminal
action will proceed. This happens when the issue raised
in the civil action would be determinative “jure et de ISSUE:
jure” of the guilt or the innocence of the accused in the RULING:
criminal case.
✿ When prejudicial does not exist:

Pimentel vs Pimentel
[1] If the resolution of the issue in the civil action will not
determine the criminal responsibility accused/respondent
in the criminal case, there is no necessity that the civil FACTS:
case be determined first and the civil action does not
involve a prejudicial question.
ISSUE:
[2] If the criminal action and civil action can proceed RULING:
independently
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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,
FACTS: 2013, 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;
RULE 112 Preliminary Investigation (iii) to determine the amount of bail.
Section 1. Preliminary investigation defined; when required. Ǫ. Is preliminary investigation a susbstantive right? Why?
— Preliminary investigation is an inquiry or proceeding to A. Yes. The right to have a preliminary investigation is not a
determine whether there is sufficient ground to engender a mere or technical right; it is substantive right. To deny the
well-founded belief that a crime has been committed and accused’s claim for a preliminary investigation is to deprive
the respondent is probably guilty thereof, and should be him of due process (Duterte vs Sandiganbayan, 289 SCRA 721)
held for trial.
Ǫ. What is the evidence required in preliminary
Except as provided in Section 6 of this Rule, a preliminary investigation?
investigation is required to be conducted before the filing A. It is enough that there is evidence showing that a crime has
of a complaint or information for an offense where the been committed and that the accused is probably guilty
penalty prescribed by law is at least four (4) years, two (2) thereof (MBTC vs Tonda, 338 SCRA 254).
months and one (1) day without regard to the fine. (1a)
Ǫ. Can there be double jeopardy in preliminary
Ǫ. What is the purpose of preliminary investigation? investigation?
A. To secure the innocent from hasty, malicious and oppressive A. None because a pronouncement of dismissal by the
prosecution and to protect him from an open and public investigating prosecutor is not equivalent to a judicial
accusation of a crime, from the trouble, expenses and pronouncement of acquittal (MBTC vs Tonda, 338 SCRA 254).
anxiety of public trial. It is also intended to protect the
Ǫ. What is the effect of lack of preliminary investigation?
state from
A. The invalidity or absence of a preliminary investigation
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REMEDIAL LAW
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
for preliminary investigation instead of dismissing the same FACTS:
(Larranaga vs CA, 287 SCRA 581).
ISSUE:
Ǫ. 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
Ǫ. Distinguish preliminary investigation from custodial
investigation. FACTS:
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)
Ǫ. When is preliminary investigation not required? FACTS:

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
ISSUE: complainant and his witnesses, as well as other
supporting documents to establish probable cause. They
RULING: shall be in such number of copies as there are
respondents, plus two (2) copies for the official file. The
affidavits shall be subscribed and sworn to before any
Section 2. Officers authorized to conduct preliminary prosecutor or government official authorized to
investigations. — The following may conduct preliminary administer oath, or, in their absence or unavailability,
investigations: before a notary public, each of whom must certify that he
personally examined the affiants and that he is satisfied
(a) Provincial or City Prosecutors and their assistants;
that they voluntarily executed and understood their
affidavits.
6
REMEDIAL LAW
the complaint based on the evidence presented by the
(b)Within ten (10) days after the filing of the complainant.
complaint, the investigating officer shall either dismiss it if
he finds no ground to continue with the investigation, or (e)The investigating officer may set a hearing if there are
issue a subpoena to the respondent attaching to it a such facts and issues to be clarified from a party or a
copy of the complaint and its supporting affidavits and witness. The parties can be present at the hearing but
document. without the right to examine or cross-examine. They may,
however, submit to the investigating officer questions
The respondent shall have the right to examine the which may be asked to the party or witness concerned.
evidence submitted by the complainant which he may not
have been furnished and to copy them at his expense. If The hearing shall be held within ten (10) days from
the evidence is voluminous, the complainant may be submission of the counter-affidavits and other documents
required to specify those which he intends to present or from the expiration of the period for their submission. It
against the respondent, and these shall be made shall be terminated within five (5) days.
available for examination or copying by the respondent at
his expense. (f) Within ten (10) days after the investigation, the
investigating officer shall determine whether or not there
Objects as evidence need not be furnished a party but shall is sufficient ground to hold the respondent for trial, (3a)
be made available for examination, copying or
photographing at the expense of the requesting party. Ǫ. What is the procedure of preliminary investigation?
A. see Sec. 3, Rule 112
(c)Within ten (10) days from receipt of the subpoena with
the complaint and supporting affidavits and documents, Ǫ. Can the judge order a reinvestigation when he already
the respondent shall submit his counter-affidavit and that found probable cause for the issuance of a warrant of
of his witnesses and other supporting documents relied arrest against the accused?
upon for his defense. The counter-affidavits shall be A. No (Pilapil vs Sandiganbayan, 299 SCRA 343)
subscribed and sworn to and certified as provided in
paragraph (a) of this section, with copies thereof
furnished by him to the complainant. The respondent Section 4. Resolution of investigating prosecutor and its
shall not be allowed to file a motion to dismiss in lieu of a review. — If the investigating prosecutor finds cause to
counter-affidavit. hold the respondent for trial, he shall prepare the
(d) If the respondent cannot be subpoenaed, or if resolution and information. He shall certify under oath in
subpoenaed, does not submit counter-affidavits within the the information that he, or as shown by the record, an
ten (10) day period, the investigating officer shall resolve authorized officer,

66
6
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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 Ǫ. 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 Ǫ. Is there a need to certify under oath the
the Ombudsman or his deputy. information? 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.
Ǫ. Does absence or want of a certification in the
information as to the holding of a preliminary investigation Ǫ. 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.
Ǫ. 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
Ǫ. 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).
Ǫ. 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
been filed in court? from the filing of the complaint or information, the judge
A. Yes (Solar Team Entertainment Inc vs How, 338 SCRA 511) shall personally evaluate the resolution of the prosecutor
and its supporting evidence. He may immediately dismiss
NOTE: Under the present set-up, regional state prosecutors are the case if the evidence on record clearly fails to establish
authorized to resolve petitions for review of resolutions of city probable cause. If he finds probable cause, he shall issue a
or provincial prosecutors in cases cognizable by MTCC, MTC, warrant of arrest, or a commitment order when the
MCTC, meaning - except in NCR (see DOJ Circular No. 70-A, complaint or information was filed pursuant to section 6 of
June 10, 2000). this Rule. In case of doubt on the existence of probable
cause, the judge may order the prosecutor to present
Ǫ. If an information has been filed in court and there is still additional evidence within five (5) days from notice and
a pending petition for review before the DOJ, what must the issue must be resolved by the court within thirty (30)
the court do? days from the filing 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
procedure for the issuance of a warrant of arrest by the based on the evidence submitted, there is sufficient proof
judge shall be governed by paragraph (a) of this section. that a crime has been committed and that the person to be
arrested is probably guilty thereof (Ho vs People, 280 SCRA
(c) When warrant of arrest not necessary. — A warrant of 377); and
arrest shall not issue if the accused is already under
detention pursuant to a warrant issued by the municipal (iii) he may order the prosecutor to present additional
trial court in accordance with paragraph (b) of this section, evidence within 5 days from notice.
or if the complaint or information was filed pursuant to
Ǫ. What do you mean by probable cause for the issuance
section 6 of this Rule or is for an offense penalized by fine
only. The court shall then proceed in the exercise of its of a warrant of arrest?
A. It is the existence of such facts and circumstances that
original jurisdiction. (6a)
would lead a reasonably discreet and prudent person to
Ǫ. What is a warrant of arrest? believe that an offense has been committed by the person
A. It is a written order of the court which is made on behalf of sought to be arrested (Ho vs People, 280 SCRA 377).
the state and is based upon a complaint issued pursuant to
Ǫ. What documents should be evaluated by the judge 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
arrest?
magistrate (Black’s Law Dictionary).
A. The affidavits and other supporting documents including
Ǫ. What is the procedure for the issuance of a warrant the resolution of the prosecutor.
of arrest?
Ǫ. What is the quantum of evidence in the issuance of a
A. see Sec. 5, Rule 112 of the ROC
warrant of arrest?
A. Probable cause that the person committed the crime.
Ǫ. Is the judge automatically required to issue a warrant
within 10 days upon filing of the complaint or information?
Ǫ. Can the judge issue a warrant of arrest based solely on
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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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
Ǫ. What are the 2 kinds of determination of probable issued
cause?
A. Executive – the executive determination of probable cause (vi) when the offense is penalized by fine only (Sec. 5[c],
is one made during the preliminary investigation; it is a Rule 112)
function that pertains to the prosecutor Judicial – the judicial
determination of probable cause is one made by the judge to NOTE: Under (i) and (ii), the court shall issue a commitment
ascertain whether a warrant of arrest should be issued against order in lieu of a warrant.
the accused
Section 6. When accused lawfully arrested without warrant.
— When a person is lawfully arrested without a warrant
Ǫ. State whether a warrant of arrest may issue under the
involving an offense which requires a preliminary
following circumstances.
investigation, the complaint or information may be filed by
A. (i) if a complaint is filed due to the absence of an inquest
a prosecutor without need of such investigation provided
prosecutor (Sec. 6, Rule 112) – warrant should not be issued
an inquest has been conducted in accordance with existing
(ii) if a complaint or information has been filed after inquest rules. In the absence or unavailability of an inquest
proceedings conducted by the inquest prosecutor (Sec. 7, Rule prosecutor, the complaint may be filed by the offended
112) – warrant should not be issued party or by a peace officer directly with the proper court on
the basis of the affidavit of the offended party or arresting
(iii) in criminal cases falling under the Revised Rules on officer or person.
Summary Procedure except when the accused failed to appear
whenever required (Sec. 9[b], Rule 112) – warrant should not Before the complaint or information is filed, the person
be issued arrested may ask for a preliminary investigation in
accordance with this Rule, but he must sign a waiver of the
(iv) in cases not requiring preliminary investigation nor provisions of Article 125 of the Revised Penal Code, as
falling under the Revised Rules on Summary Procedure and the amended, in the presence of his counsel. Notwithstanding
judge is satisfied that there is no necessity for placing the the waiver, he may apply for bail and the investigation
accused under custody (Sec. 9[b], Rule 112) – warrant should must be terminated within fifteen (15) days from its
not be issued inception.
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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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 ) Ǫ. Can you file a complaint directly before the court
Ǫ. What do you mean by inquest? without any investigation, preliminary or inquest, when a
A. It is a proceeding in which a person lawfully arrested person is lawfully arrested without a warrant for an
without a warrant is given an option to avail of his right to offense requiring preliminary investigation? A. Yes, when
preliminary investigation under conditions prescribed by the there is no inquest prosecutor or is unavailable.
rules. It applies to cases where the accused was arrested Ǫ. 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.
Ǫ. What is the duty of the inquest prosecutor if a Ǫ. If a person is lawfully arrested without a warrant, can he
person 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
(i)recommend the release of the person arrested or detained; of his counsel (Sec. 2[e], RA 7438). Notwithstanding the waiver,
(ii)note down the disposition on the referral document; (iii) he may apply for bail and the investigation must be
prepare a brief memorandum indicating the reasons for the terminated within 15 days from its inception (Sec. 6, Rule
action taken; and (iv) forward the same, together with the 112). Pursuant to such waiver, such person must remain under
records of the case, to the city or provincial prosecutor for the custody of the law pending resolution of the
appropriate action (DOJ Circular No. 61 dated September preliminary investigation unless he is ordered released on
1993) bail.
NOTE: If the recommendation for the release of the person Section 7. Records. —
(a) Records supporting the information or complaint. — An
arrested or detained is approved by the city or provincial
prosecutor but the evidence shows the need to conduct a information or complaint filed in court shall be supported
preliminary investigation, the order of release shall be served by the affidavits and counter-affidavits of the parties and
to the officer having custody of the person arrested or their witnesses, together with the other supporting
evidence and the resolution on the case.
detained together with the notice of preliminary investigation

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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
punishable by an imprisonment of less than four (4) years,
two (2) months and one (1) day, the procedure outlined in
section 3(a) of this Rule shall be observed. The prosecutor
shall act on the complaint based on the affidavits and other
supporting documents submitted by the complainant
within ten (10) days from its filing.
(b)If filed with the Municipal Trial Court. — If the complaint

or information is filed with the Municipal Trial Court or
Municipal Circuit Trial Court for an offense covered by this
section, the procedure in section 3(a) of this rule shall be
observed. If within ten (10) days after the filing of the
complaint of information, the judge finds no probable
cause after personally evaluating the evidence, or after
personally examining in writing and under oath the
complainant and his witnesses in the form of searching
questions and answers, he shall dismiss the same. He may,

Article 125. Delay in the delivery of the detained person to the
proper judicial authorities. - The penalties provided in the next
preceding article shall be imposed upon the public officer or
employee who shall detain any person for some legal ground
and shall fail to deliver such person to the proper judicial
authorities within the period of; twelve (12) hours, for crimes
or offenses punishable by light penalties, or their equivalent;
eighteen (18) hours, for crimes or offenses punishable by
correctional penalties, or their equivalent and thirty-six (36)
hours, for crimes, or offenses punishable by afflictive or capital
penalties, or their equivalent. In every case, the person
detained shall be informed of the cause of his detention and
shall be allowed upon his request, to communicate and confer
at any time with his attorney or counsel.
(As amended by E.O. Nos. 59 and 272, Nov. 7, 1986 and July
25, 1987, respectively).
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Inquest Procedures (DOJ Circular No. 61, 1993)
Evidence Needed for an Inquest Proceedings
SEC 1.Concept Inquest is an informal and summary

investigation con-ducted by a public prosecutor in criminal
cases involving persons arrested and detained without the
benefit of a warrant of arrest issued by the court for the
purpose of deter-mining whether or not said persons should
remain under custody and correspondingly be charged in
court.
SEC. 2.Designationof Inquest Officers The City or Provincial

Prosecutor shall designate the Prosecutors assigned to inquest
duties and shall furnish the Philippine National Police (PNP) a
list of their names and their schedule of assignments. If,
however, there is only one Prosecutor in the area, all inquest
cases shall be referred to him for appropriate action. Unless
otherwise directed by the City or Provincial Prosecutor, those
assigned to inquest duties shall discharge their functions
during the hours of their designated assignments and only at
the police stations/headquarters of the PNP in order to
expedite and facilitate the disposition of inquest cases.
SEC. 3.Commencement and Termination of Inquest The inquest

proceedings shall be considered commenced upon receipt by
the Inquest Officer from the law enforcement authorities of the
complaint/referral documents which should include:
a.the affidavit of arrest;
b.the investigation report;
c.the statement of the complainant and witnesses; and

d. other supporting evidence gathered by the police in the
course of the latter’s investigation of the criminal incident
involving the arrested or detained person. Theinquest Officer
shall, as far as practicable, cause the affidavit of arrest
andstatements/affidavits of the complainant and the witnesses
to be subscribed and sworn tobefore him by the arresting
officer and the affiants. The inquest proceedings must
beterminated within the period prescribed under the
provisions of Article 125 of theRevised Penal Code, as
amended.
SEC. 4.Particular Documents Required in Specific Cases The

submission, presentation of the documents listed herein below
should as far as practicable, be required in the following cases
by the Inquest Officer.
Violation of the Anti-Fencing Law (PD 1612)

a. a list/inventory of the articles and items subject of the
offense; and
b. statement of their respective value Illegal Possession of

Explosives (PD 1866)
a.chemistry report duly signed by the forensic chemist and
b.photograph of the explosives, if readily available.
Violation of the Fisheries Law (PD 704)(now RA 8550)

a.photograph of the confiscated fish, if readily available; and
b. certification of the Bureau of Fisheries and Aquatic

Resources;
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Violation of the Forestry Law (PD 705)

a. scale sheets containing the volume and species of the forest
products confiscated, number of pieces and other important
details such as estimated value of the products confiscated;
b. certification of Department of Environment and Natural

Resources/Bureau of ForestManagement; and
c. seizure receipt. The submission of the foregoing documents

shall no absolutely be required if there are other forms of
evidence submitted which will sufficiently establish the facts
sought to be proved by the foregoing documents.
SEC. 5.Incomplete documents When the documents presented

are not complete to establish probable cause, the Inquest
Officer shall direct the law enforcement agency to submit the
required evidence within the period prescribed under the
provisions of Article 125 of the Revised Penal Code, as
amended; otherwise, the Inquest Officer shall order the
release of the detained person and, where the inquest is
conducted outside of office hours, direct the law enforcement
agency concerned to file the case with the City or
Provincial Prosecutor for appropriate action.
SEC. 6.Presence of the detained person. The presence of the

detained person who is under custody shall be ensured during
the proceedings. However, the production of the detained
person before the Inquest Officer may be dispensed with in
the following cases:
a. if he is confined in a hospital;

b.if he is detained in a place under maximum security;
c. if production of the detained person involve security risks;

or
d. if the presence of the detained person is not feasible by

reason of age, health, sex and other similar factors. The
absence of the detained person by reason of any of the
foregoing factors must be noted by the Inquest Officer and
reflected in the record of the case.
SEC. 7.Charges and counter-charges All charges and

counter-charges arising from the same incident shall, as far as
practicable, be consolidated and inquested jointly to avoid
contradictory or inconsistent dispositions.
SEC. 8.Initial duty of the inquest officer The Inquest Officer

must first deter-mine if the arrest of the detained person was
made in accordance with the provisions of paragraphs (a) and
(b) of Section 5, Rule 113 of the 1985 Rules on Criminal
Procedure, as amended, which provide that arrests without a
warrant may be effected: a. when, in the presence of the
arresting officer, the person to be arrested has committed, is
actually committing, or is attempting to commit an offense; or
b. when an offense has in fact just been committed, and the
arresting officer has personal knowledge of facts indicating
that the person to be arrested has committed it. For this
purpose, the Inquest Officer may summarily examine the
arresting officers on the circumstances surrounding the arrest
or apprehension of the detained per-son
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;
b.note down the disposition of the referral document;
c. prepare a brief memorandum indicating the reasons for the

action taken; and
d. forward the same, together with the record of the case, to

the City or Provincial Prosecutor for appropriate action. Where
the recommendation for the release of the detained person is
approved by the City or Provincial Prosecutor but the evidence
on hand warrant the conduct of a regular preliminary
investigation, the order of release shall be served on the
officer having custody of said detainee and shall direct the
said officer to serve upon the detainee the subpoena or
notice of preliminary investigation, together with the
copies of the charge sheet or complaint, affidavits or sworn
statements of the complainant and his witnesses and other
supporting evidence.
SEC. 10.Where the arrest property effected Should the Inquest

Officer find that the arrest was properly effected, the detained
person should be asked if he desires to avail himself of a
preliminary investigation, if he does, he shall be made to
execute a waiver of the provisions of Article 125 of the
Revised Penal Code, as amended, with the assistance of a
lawyer and, in case of non-availability of a lawyer, a
responsible person of his choice. The preliminary investigation
may be conducted by the Inquest Officer himself or by any
other Assistant Prosecutor to whom the case may be assigned
by the City or Provincial Prosecutor, which investigation shall
be terminated within fifteen(15) days from its inception.

SEC. 11.Inquest proper Where the detained person does not
opt for a preliminary investigation or otherwise refuses to
execute the required waiver, the Inquest Officer shall proceed
with the inquest by examining the sworn statements/affidavits
of the complainant and the witnesses and other supporting
evidence submitted to him. If necessary, the Inquest Officer
may require the presence of the complainant and witnesses
and subject them to an informal and summary investigation or
examination for purposes of determining the existence of
probable cause
SEC. 12.Meaning of probable cause Probable cause exists

when the evidence submitted to the Inquest Officer engenders
a wellfounded belief that a crime has been committed and that
the arrested or detained person is probably guilty thereof.
SEC. 13.Presence of probable cause If the Inquest Officer finds
that probable cause exists, he shall forthwith prepare the
corresponding complaint/information with the
recommendation that the same be filed in court. The
complaint/information shall indicate the offense committed
and the amount of bail recommended, if bailable. Thereafter,
the record of the case, together with the prepared
complaint/information, shall be forwarded to the City or
Provincial Prosecutor for appropriate action. The
complaint/information may be filed by the Inquest Officer
himself or by any other Assistant Prosecutor to whom the case
may be assigned by the City or Provincial Prosecutor.
SEC. 14.Contents of information The information shall, among

others, contain:
a. a certification by the filing Prosecutor that he is filing the
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same in accordance with the provisions of Section 7, Rule 112
of the 1985 Rules on Criminal Procedure, as amended, in cases
cognizable by the Regional Trial Court;
b.the full name and alias, if any, and address of the accused;
c.the place where the accused is actually detained;
d. the full names and addresses of the complainant and

witnesses;
e.a detailed description of the recovered item, if any;
f.the full name and address of the evidence custodian;
g. the age and date of birth of the complainant or the accused,

if eighteen (19)years of age or below; and
h. the full names and addresses of the parents, custodians or

guardians of the minor complainant or accused, as the
case may be.
SEC. 15.Absence of probable cause If the Inquest Officer finds

no probable cause, he shall:
a.recommend the release of the arrested or detained person;
b.note down his disposition on the referral document;
c. prepare a brief memorandum indicating the reasons for the

action taken; and
d. forthwith forward the record of the case to the City or

Provincial Prosecutor for appropriate action. If the
recommendation of the Inquest Officer for the release of the
arrested or detained person is approved, the order of release
shall be served on the officer having custody of the said
detainee. Should the City or Provincial Prosecutor disapprove
the recommendation of release, the arrested or detained
person shall remain under custody, and the correspond-ing
complaint/information shall be filed by the City or Provincial
Prosecutor or by any Assistant Prosecutor to whom the case
may be assigned.
SEC. 16.Presence at the crime scene Whenever a dead body is

found and there is reason to believe that the death
resulted from foul play, or from the unlawful acts or omissions
of other persons and such fact has been brought to his
attention, the Inquest Officer shall:
a. forthwith proceed to the crime scene or place of discovery of

the dead person;
b. cause an immediate autopsy to be conducted by the

appropriate medico-legal officer in the locality or the PNP
medico-legal division or the NBI medico-legal office, as the
casemay be;
c. direct the police investigator to cause the taking of

photographs of the crime scene or place of discovery of the
dead body;
d. supervise the investigation to be conducted by the police

authorities as well as the recovery of all articles and pieces of
evidence found thereat and see to it that the same are
safeguarded and the chain of the custody thereof properly
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REMEDIAL LAW
recorded; and fifteen (15) days from receipt of the resolution, or of the
denial of the motion for reconsideration/reinvestigation if one
e. submit a written report of his finding to the City or has been filed within fifteen (15) days from receipt of the
Provincial Prosecutor for appropriate action. assailed 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 (f) proof of service of a copy of the petition to the adverse
herein 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
true copies of the complaint, affidavits/sworn statements and
other evidence submitted by the parties during the
preliminary investigation/ reinvestigation. If an information
has been filed in court pursuant to the appealed resolution,
a copy of the motion to defer proceedings filed in court
must also accompany the
petition. The
investigating/reviewing/approving prosecutor shall not be
impleaded as party respondent in the petition. The party
taking the appeal shall be referred to in the petition as either
"Complainant-Appellant" or "Respondent- Appellant".
SECTION 6. Effect of failure to comply with requirements. The

failure of the petitioner to comply with any of the
foregoing requirements shall constitute sufficient ground
for the dismissal of the petition.
SECTION 7. Action on the petition. The Secretary of Justice may

dismiss the petition outright if he finds the same to be
patently without merit or manifestly intended for delay, or
when the issues raised therein are too unsubstantial to require
consideration. If an information has been filed in court
pursuant to the appealed resolution, the petition shall not be
given due course if the accused had already been arraigned.
Any arraignment made after the filing of the petition shall not
bar the Secretary of Justice from exercising his power of
review.
SECTION 8. Comment. Within a non-extendible period of

fifteen (15) days from receipt of a copy of the petition, the
adverse party may file a verified comment, indicating therein
the date of such receipt and submitting proof of service of his
comment to the petitioner and the Prosecution Office
7
concerned. Except when directed by the Secretary of Justice,
the investigating/reviewing/approving prosecutor need not
submit any comment. If no comment is filed within the
prescribed period, the appeal shall be resolved on the basis of
the petition.
SECTION 9. Effect of the appeal. Unless the Secretary of

Justice directs otherwise, the appeal shall not hold the
filing of the corresponding information in court on the basis
of the finding of probable cause in the appealed resolution.
The appellant and the trial prosecutor shall see to it that,
pending resolution of the appeal, the proceedings in court are
held in abeyance.
SECTION 10. Withdrawal of appeal. Notwithstanding the

perfection of the appeal, the petitioner may withdraw the
same at any time before it is finally resolved, in which case the
appealed resolution shall stand as though no appeal has been
taken.
SECTION 11. Reinvestigation. If the Secretary of Justice finds it

necessary to reinvestigate the case, the reinvestigation shall
be held by the investigating prosecutor, unless, for compelling
reasons, another prosecutor is designated to conduct the
same.
SECTION 12. Disposition of the appeal. The Secretary may

reverse, affirm or modify the appealed resolution. He may,
motu proprio or upon motion, dismiss the petition for review
on any of the following grounds:
• That the petition was filed beyond the period prescribed in
Section 3 hereof;
• That the procedure or any of the requirements herein
7
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provided has not been complied with;
Leviste vs Almeda
•That there is no showing of any reversible error;
FACTS:
• That the appealed resolution is interlocutory in nature,
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 1987 Constitution (Bill of Rights)
dismissal.
ARTICLE III.
SECTION 13. Motion for reconsideration. The aggrieved party
may file a motion for reconsideration within a non-extendible
SECTION 12. Any person under investigation for the
period of ten (10) days from receipt of the resolution on
commission of an offense shall have the right to be informed
appeal, furnishing the adverse party and the Prosecution
of his right to remain silent and to have competent and
Office concerned with copies thereof and submitting proof of
independent counsel preferably of his own choice. If the
such service. No second or further motion for reconsideration
person cannot afford the services of counsel, he must be
shall be entertained.
provided with one. These rights cannot be waived except in
writing and in the presence of counsel.
SECTION 14. Repealing clause. This Circular supersedes
Department Order No. 223 dated June 30, 1993 and all other
No torture, force, violence, threat, intimidation, or any other
Department issuances inconsistent herewith. SECTION 15.
means which vitiate the free will shall be used against him.
Effectivity. This Circular shall be published once in two (2)
Secret detention places, solitary, incommunicado, or other
newspapers of general circulation, after which it shall take
similar forms of detention are prohibited.
effect on September 1, 2000.
Any confession or admission obtained in violation of this or
ARTEMIO G. TUǪUERO
Section 17 hereof shall be inadmissible in evidence against
Secretary of Justice
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him.
The law shall provide for penal and civil sanctions for
violations of this Section as well as compensation to the
rehabilitation of victims of torture or similar practices, and
their families.
SECTION 13. All persons, except those charged with offenses

punishable by reclusion perpetua when evidence of guilt is
strong, shall, before conviction, be bailable by sufficient
sureties, or be released on recognizance as may be provided by
law. The right to bail shall not be impaired even when the
privilege of the writ of habeas corpus is suspended. Excessive
bail shall not be required.
SECTION 14. No person shall be held to answer for a criminal

offense without due process of law.
In all criminal prosecutions, the accused shall be presumed

innocent until the contrary is proved, and shall enjoy the right
to be heard by himself and counsel, to be informed of the
nature and cause of the accusation against him, to have a
speedy, impartial, and public trial, to meet the witnesses face
to face, and to have compulsory process to secure the
attendance of witnesses and the production of evidence in his
behalf. However, after arraignment, trial may proceed
notwithstanding the absence of the accused: Provided, that he
has been duly notified and his failure to appear is
unjustifiable.
8
RULE 13. Arrest 13.1
General Guidelines
a. All arrests should be made only on the basis of a valid

Warrant of Arrest issued by a competent authority, except in
instances where the law allows warrantless arrest.
b. No violence or unnecessary force shall be used in making an

arrest, and the person to be arrested shall not be subjected to
any greater restraint than what is necessary under the
circumstances.
c. As a general rule, arrests can be made on any day of the

week and at any time of the day or night.
d.Only judges are authorized to issue Warrants of Arrest.
e. A Warrant of Arrest is no longer needed if the accused is

already under detention. An Order of Commitment is issued by
the judge in lieu of the Warrant of Arrest.
f.The following are immune from arrest:

(1)A Senator or Member of the House of the Representatives
while Congress is in session for an offense punishable by not
more than six years of imprisonment; and
(2) Diplomatic Agents, Under the Vienna Convention on

Diplomatic Relations.
Revised Philippine National Police Operational Procedure
80

REMEDIAL LAW
Section 1. Definition of arrest. — Arrest is the taking of a Ǫ. 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
Section 2. Arrest; how made. — An arrest is made by an (People vs Baccay, 388 SCRA 641). In effect, the unlawful
actual restraint of a person to be arrested, or by his warrantless arrest was validated (Sanchez vs Demetriou, 227
submission to the custody of the person making the arrest. SCRA 627).
Ǫ. 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
greater restraint than is necessary for his detention. (2a) State of its right to convict the guilty (People vs Penaflorida,
313 SCRA 563)
Ǫ. What are the remedies against illegal arrest?
A. The remedies are: Luz vs People
(1)he may file a verified petition for habeas corpus if no
complaint or information is filed against him (Secs. 1,2 & 3, FACTS:
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 from the time he learns of its filing and raise the
issue of illegal arrest (Sec. 6, Rule 112);
(5) he may, before entering his plea, move to quash the

complaint or information on the ground that the court has no
jurisdiction over his person (Sec. 3[c], Rule 117 of the ROC)
FACTS:
8
ISSUE:
RULING:

REMEDIAL LAW
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
RULING: has escaped from a penal establishment or place where he
is serving final judgment or is temporarily confined while
his case is pending, or has escaped while being
Section 3. Duty of arresting officer. — It shall be the duty of transferred from one confinement to another.
the officer executing the warrant to arrest the accused and
to deliver him to the nearest police station or jail without In cases falling under paragraph (a) and (b) above, the
unnecessary delay. (3a) person arrested without a warrant shall be forthwith
delivered to the nearest police station or jail and shall be
Section 4. Execution of warrant. — The head of the office to proceeded against in accordance with section 7 of Rule
whom the warrant of arrest was delivered for execution 112. (5a)
shall cause the warrant to be executed within ten (10)
days from its receipt. Within ten (10) days after the Immunity from Arrest
expiration of the period, the officer to whom it was
assigned for execution shall make a report to the judge 1987 Constitution
who issued the warrant. In case of his failure to execute
the warrant, he shall state the reasons therefor. (4a) ARTICLE VI. The Legislative Department
Section 5. Arrest without warrant; when lawful. — A Section 11. A Senator or Member of the House of
peace officer or a private person may, without a warrant, Representatives shall, in all offenses punishable by not more
arrest a person: than six years imprisonment, be privileged from arrest while
the Congress is in session. No Member shall be questioned nor
(a)When, in his presence, the person to be arrested has be held liable in any other place for any speech or debate
committed, is actually committing, or is attempting to in the Congress or in any committee thereof.
commit an offense;
Revised Penal Code
8
REMEDIAL LAW
Article 145. Violation of Parliamentary Immunity.- (d) The “members of the diplomatic staff” are the members
The penalty of prision mayor shall be imposed upon any of 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
(Congress) is in regular or special session, arrest or search any the 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
including diplomatic couriers and messages in code or cipher.
mission 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
2.The official correspondence of the mission shall be
technical staff and of the service staff of the mission;
inviolable. Official correspondence means all correspondence
83

REMEDIAL LAW
relating to the mission and its functions.
3.The diplomatic bag shall not be opened or detained.
4.The packages constituting the diplomatic bag must bear

visible external marks of their character and may contain only
diplomatic documents or articles intended for official use.
5.The diplomatic courier, who shall be provided with an

official document indicating his status and the number of
packages constituting the diplomatic bag, shall be
protected by the receiving State in the performance of his
functions. He shall enjoy person inviolability and shall not be
liable to any form of arrest or detention.
6.The sending State or the mission may designate diplomatic

couriers ad hoc. In such cases the provisions of paragraph 5 of
this article shall also apply, except that the immunities therein
mentioned shall cease to apply when such a courier has
delivered to the consignee the diplomatic bag in his charge.
7. A diplomatic bag may be entrusted to the captain of

a commercial aircraft scheduled to land at an authorized port
of entry. He shall be provided with an official document
indicating the number of 9 packages constituting the bag but
he shall not be considered to be a diplomatic courier. The
mission may send one of its members to take possession of
the diplomatic bag directly and freely from the captain of
the aircraft
Article 27.
1.A diplomatic agent shall enjoy immunity from the criminal
jurisdiction of the receiving State. He shall also enjoy
immunity from its civil and administrative jurisdiction, except
8
in the case of:
(a) A real action relating to private immovable property

situated in the territory of the receiving State, unless he holds
it on behalf of the sending State for the purposes of the
mission;
(b) An action relating to succession in which the diplomatic

agent is involved as executor, administrator, heir or legatee as
a private person and not on behalf of the sending State;
(c) An action relating to any professional or commercial

activity exercised by the diplomatic agent in the receiving
State outside his official functions.
2. A diplomatic agent is not obliged to give evidence as

a witness.
3. No measures of execution may be taken in respect of

a diplomatic agent except in the cases coming under
subparagraphs (a), (b) and (c) of paragraph 1 of this article,
and provided that the measures concerned can be taken
without infringing the inviolability of his person or of his
residence.
4. The immunity of a diplomatic agent from the

jurisdiction of the receiving State does not exempt him from
the jurisdiction of the sending State.
Article 37.
1.The members of the family of a diplomatic agent forming
part of his household shall, if they are not nationals of the
receiving State, enjoy the privileges and immunities specified

REMEDIAL LAW
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 would be to leave the society, to a large extent, at the mercy of
the mission, together with members of their families forming the shrewdest, the most expert, and the most depraved of
part of their respective households, shall, if they are not criminals”. (Umil vs Ramos, 202 SCRA 251)
nationals of or 12 permanently resident in the receiving State,
enjoy the privileges and immunities specified in articles 29 to Ǫ. What are the permissible warrantless arrest?
35, except that the immunity from civil and administrative A. The permissible warrantless arrest are:
jurisdiction of the receiving State specified in paragraph 1 of (i) arrests in flagrante delicto;
article 31 shall not extend to acts performed outside the (ii) arrests effected in hot pursuit; and
course of their duties. They shall also enjoy the privileges (iii) arrests of escaped prisoners
specified in article 36, paragraph 1, in respect of articles
imported at the time of first installation. Ǫ. What are the elements of arrest in flagrante delicto?
A.
3. Members of the service staff of the mission who are (i) the person to be arrested must execute an overt act
not nationals of or permanently resident in the receiving indicating that he has just committed, is actually committing,
State shall enjoy immunity in respect of acts performed in the
or is attempting to commit a crime; and
course of their duties, exemption from dues and taxes on
the emoluments they receive by reason of their employment (ii) such overt act is done in the presence or within the view
and the exemption contained in article 33. of 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 Ǫ. Must the crime be made in the actual presence of the
receiving State, be exempt from dues and taxes on the
arresting officer?
emoluments they receive by reason of their employment. In
A. No. It includes a situation where the arresting officer only
other respects, they may enjoy privileges and immunities
only to the extent admitted by the receiving State. However, hears the disturbance at a distance and immediately
the receiving State must exercise its jurisdiction over those proceeded to the crime scene” (Padilla vs CA, 269 SCRA 402).
persons in such a manner as not to interfere unduly with the In this jurisdiction, “reliable information” alone is not sufficient
performance of the functions of the mission. to justify warrantless arrest. In addition thereto, the accused
must perform some overt act that would indicate that he has
Ǫ. 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 an offense (People vs Racho, G.R. No. 186529, August 3, 2010).
on probable cause that he has committed a felony (Black’s
Law
85
8
REMEDIAL LAW
Ǫ. 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 Ǫ. Is an arrest by invitation legal?
offense; and A. No. It is illegal. It is a prohibited act under RA 7438 (People
(ii) the arresting peace officer or private person has vs Olivarez, 299 SCRA 635; San Agustin vs People, G.R.
probable cause to believe based on personal knowledge of 158211, August 31, 2004).
facts or circumstances that the person to be arrested is the People vs Alunday
one who 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, ISSUE:
and if there was an appreciable lapse of time between the
arrest and the commission of the crime, a warrant must be RULING:
secured (People v del Rosario, 305 SCRA 740).
Ǫ. What are the other instances of warrantless arrest? Umil vs Ramos

A.
(i) an accused released on bail may be re-arrested without
FACTS:
the necessity of a warrant if he attempts to depart from
the Philippines without the permission of the court where the
case is pending; ISSUE:
(ii)for purposes of surrendering the accused, the bondsman RULING:

may arrest him or, upon written authority endorsed on a
certified copy of the undertaking, cause him to be arrested by a
police officer or any other person of suitable age and Pestilos vs Generoso
discretion (Sec. 23, Rule 114 of the ROC)
(iii) if a person lawfully arrested escapes or is rescued, any FACTS:

person may immediately pursue or retake him without a

REMEDIAL LAW
commission of an offense, is pursued immediately after its
ISSUE:
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
on any day and at any time of the day or night. (6) Section 10. Officer may summon assistance. — An officer
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
officer has opportunity to so inform him, or when the Section 11. Right of officer to break into building or
giving of such information will imperil the arrest. The enclosure. — An officer, in order to make an arrest either by
officer need not have the warrant in his possession at virtue of a warrant, or without a warrant as provided in
the time of the arrest but after the arrest, if the person section 5, may break into any building or enclosure where
arrested so requires, the warrant shall be shown to him the person to be arrested is or is reasonably believed to be,
as soon as practicable. (7a) if he is refused admittance thereto, after announcing his
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 Section 12. Right to break out from building or enclosure. —
the cause of the arrest, unless the latter is either Whenever an officer has entered the building or enclosure
engaged in the commission of an offense, is pursued in accordance with the preceding section, he may break out
immediately after its commission, has escaped, flees or therefrom when necessary to liberate himself. (12a)
forcibly resists before the officer has opportunity so to
inform him, or when the giving of such information will
imperil the arrest. (8a)
Section 13. Arrest after escape or rescue. — If a person
Section 9. Method of arrest by private person. — When lawfully arrested escapes or is rescued, any person may
making an arrest, a private person shall inform the person
to be arrested of the intention to arrest him and cause of
the arrest, unless the latter is either engaged in the 87
8
REMEDIAL LAW
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
Section 14. Right of attorney or relative to visit person bail (Sec. 11, Rule 114)
arrested. — Any member of the Philippine Bar shall, at the
request of the person arrested or of another acting in (iii) Cash deposit – it is an amount deposited with the proper
his behalf, have the right to visit and confer privately with government officer considered as bail upon condition that such
such person in the jail or any other place of custody at any money will be forfeited if the accused does not appear before
hour of the day or night. Subject to reasonable the court requiring his attendance (Sec. 14, Rule 114)
regulations, a 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
Ǫ. What is the basic requisite of right to bail?

Section 1. Bail defined. — Bail is the security given for the A. The right to bail can only be availed of by a person who is
release of a person in custody of the law, furnished by him in custody of the law or otherwise deprived of his liberty
or a bondsman, to guarantee his appearance before any (Maguddatu vs CA, 326 SCRA 362). The principle in this
court as required under the conditions hereinafter jurisdiction is that since bail is intended to obtain provisional
specified. Bail may be given in the form of corporate liberty of the accused, the same cannot be authorized or
surety, property bond, cash deposit, or recognizance. (1a) posted before custody of said accused has been acquired by
the judicial authorities by his arrest or voluntary surrender
Ǫ. What are the kinds of bail? (Comia vs Antona, 337 SCRA 656).
A. (i) Corporate surety bond – a bond furnished by a
surety company or corporate surety under which the Ǫ. Can you file a petition for bail for someone not yet
latter guarantees the State that the accused will appear arrested or has not yet voluntarily surrendered or still at
at subsequent proceedings large or not yet in custody of the law?
A. No

REMEDIAL LAW
Ǫ. When is a person considered under the custody of the (d) The bondsman shall surrender the accused to the
la court 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 The original papers shall state the full name and address of
arrest issued pursuant to Sec. 5, Rule 112, or even without a the accused, the amount of the undertaking and the
warrant under Sec. 5, Rule 113 in relation to Sec. 6, Rule 112 conditions herein required. Photographs (passport size)
of the 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
jurisdiction of the court by surrendering to the proper the bail. (2a)
authorities (People vs Gako, 348 SCRA 334)
Ǫ. What are the conditions of the bail?
Ǫ. 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 or appealed to it;
of 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
Ǫ. What are the 2 situations covered by Sec. 2(a)?
Trial Court, irrespective of whether the case was originally
A. First – the case was originally filed with the MTC but
filed in or appealed to it;
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 case the bail remains effective until the promulgation of
without justification and despite due notice shall be judgment; however, it was held that notwithstanding the
deemed a waiver of his right to be present thereat. In such promulgation of the judgment, the bail bond of the
case, the trial may proceed in absentia; and accused previously posted can still be used during the 15 day
period to
8
89

REMEDIAL LAW
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
bondsman (Sec. 5, Rule 114) Section 4. Bail, a matter of right; exception. — All persons in
custody shall be admitted to bail as a matter of right, with
Ǫ. 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) Ǫ. When is bail a matter of right?
Ǫ. Is the court empowered to prohibit a person admitted
to bail from leaving the Philippines? Ǫ. 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)
Ǫ. 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 the Regional Trial Court of an offense not punishable by
a 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

90

REMEDIAL LAW
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
application for bail can only be filed with and resolved by after notice to the adverse party in either case. (5a)
the appellate court.
Ǫ. 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.
Ǫ. 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,
(a) That he is a recidivist, quasi-recidivist, or habitual reclusion perpetua or life imprisonment, bail is not a matter of
delinquent, or has committed the crime aggravated by the right nor a matter of discretion by the trial court because his
circumstance of reiteration; conviction clearly imports that the evidence of guilt is strong;
(b) That he has previously escaped from legal (ii)if an accused is convicted by the RTC of an offense not
confinement, evaded sentence, or violated the punishable by death, reclusion perpetua or life imprisonment,
conditions of his bail without valid justification; or, in other words, convicted with a penalty of 6 years and 1
day to 20 years, admission to bail is discretionary;
(c)That he committed the offense while under probation,
parole, or conditional pardon; (iii)if the accused is under custody for an offense charged
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 Ǫ. When is bail discretionary?
another 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 guilt is strong. The evidence presented during the bail
habitual delinquent or has committed the crime aggravated hearing shall be considered automatically reproduced at
by the 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;
Ǫ. 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
(v) that the accused might commit another crime during the is strong. Even if the prosecution chooses to just
pendency of the appeal (Mangudadatu vs Ca, 326 SCRA 362)
(i) file a comment,
Section 6. Capital offense defined. — A capital offense is an
offense which, under the law existing at the time of its (ii) leave the matter to the discretion of the cou
commission and of the application for admission to bail,
may be punished with death. (6a) (iii) refuse to adduce evidence, or
Section 7. Capital offense of an offense punishable by (iv) the prosecution does not interpose any objection to
reclusion perpetua or life imprisonment, not bailable. — No the application for bail, the court must conduct a hearing.
person charged with a capital offense, or an offense
punishable by reclusion perpetua or life imprisonment, Ǫ. When is hearing not necessary in bail applications?
shall be admitted to bail when evidence of guilt is strong, A. Hearing is not necessary when bail is a matter of right.
regardless of the stage of the criminal prosecution. (7a)
NOTE: After the hearing on a petition for bail, the judge is
Section 8. Burden of proof in bail application. — At the mandated to prepare a summary of the evidence for the
hearing of an application for bail filed by a person who is in prosecution followed by his conclusion whether or not the
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 may be invalidated because the summary of the evidence
for the prosecution which contains the judge’s evaluation bail. Excessive bail shall not be required. (9a)
of the evidence may be considered as an aspect of
procedural due process for both the prosecution and the Section 10. Corporate surety. — Any domestic or foreign
defense (Comia vs Antona, 337 SCRA 656; Carpio vs Maglalang, corporation, licensed as a surety in accordance with law
196 SCRA 41). and currently authorized to act as such, may provide bail
by a bond subscribed jointly by the accused and an officer
NOTE: The hearing for purposes of bail application is to decide of the corporation duly authorized by its board of directors.
whether the evidence of guilt is strong while in trial on the (10a)
merits, it contemplates of guilt beyond reasonable doubt.
Section 11. Property bond, how posted. — A property bond
Section 9. Amount of bail; guidelines. — The judge who is an undertaking constituted as lien on the real property
issued the warrant or granted the application shall fix a given as security for the amount of the bail. Within ten (10)
reasonable amount of bail considering primarily, but not days after the approval of the bond, the accused shall
limited to, the following factors: cause the annotation of the lien on the certificate of title on
file with the Register of Deeds if the land is registered,
(a) Financial ability of the accused to give bail; or if unregistered, in the Registration Book on the space
provided therefor, in the Registry of Deeds for the province
(b) Nature and circumstances of the offense; or city where the land lies, and on the corresponding
tax declaration in the office of the provincial, city and
(c) Penalty for the offense charged; municipal assessor concerned.
(d) Character and reputation of the accused; Within the same period, the accused shall submit to the
court his compliance and his failure to do so shall be
(e) Age and health of the accused;
sufficient cause for the cancellation of the property bond
(f) Weight of the evidence against the accused; and his re-arrest and detention. (11a)
(g) Probability of the accused appearing at the trial; Section 12. Ǫualifications of sureties in property bond. —
The qualification of sureties in a property bond shall be as
(h) Forfeiture of other bail; follows:
(i) The fact that accused was a fugitive from justice when
arrested; and
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REMEDIAL LAW
deposit and a written undertaking showing compliance
(a) Each must be a resident owner of real estate within with the requirements of section 2 of this Rule, the accused
the 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
without prejudice to the continuation of the trial or the
possesses the qualifications prescribed in the preceding
proceedings on appeal. If the maximum penalty to which
section. He shall describe the property given as security,
the accused may be sentenced is destierro, he shall be
stating the nature of his title, its encumbrances, the
released after thirty (30) days of preventive imprisonment.
number and amount of other bails entered into by
him and still undischarged, and his other liabilities. The A person in custody for a period equal to or more than the
court may examine the sureties upon oath concerning minimum of the principal penalty prescribed for the offense
their sufficiency in such manner as it may deem proper. charged, without application of the Indeterminate
No bail shall be approved unless the surety is qualified. Sentence Law or any modifying circumstance, shall be
(13a) released on a reduced bail or on his own recognizance, at
the discretion of the court. (16a)
Section 14. Deposit of cash as bail. — The accused or any
person acting in his behalf may deposit in cash with the Ǫ. What is recognizance?
nearest collector or internal revenue or provincial, city, or A. It is an obligation undertaken by a person, generally a
municipal treasurer the amount of bail fixed by the court,
or recommended by the prosecutor who investigated or
filed the case. Upon submission of a proper certificate of 94

REMEDIAL LAW
defendant in a criminal case, to appear in court on a particular Ǫ. 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:
Ǫ. When is recognizance proper? (a) violation of a municipal or city ordinance, a light
A. The release on recognizance of any person under detention felony and/or criminal offense the prescribed penalty for
may be ordered only by a court in the following which is not higher than 6 months imprisonment and/or a
instances: fine of 2,000 pesos or both, where said person has
(i) when the offense charged is for violation of an established to the satisfaction of the court or any other
ordinance, a light felony, or a criminal offense the appropriate authority hearing the case that he is unable to
imposable penalty for which does not exceed 6 months post the required cash bond except in the following cases:
imprisonment and/or 2,000 fine under the circumstances (i) when he is caught committing the offense in
provided in RA 6036; flagrante;
(ii) when a person has been in custody for a period equal to (ii) when he confesses to the commission of the
or more than the minimum of the imposable principal offense unless the confession is later repudiated by him;
penalty without application of the Indeterminate Sentence
Law or any modifying circumstance, in which case the (iii)when he is found to have previously escaped from
court, in its discretion, may allow his release on his own legal confinement; evaded sentence, or jumped bail;
recognizance;
(iv) when is found to have violated the provision of RA 6036
(iii) when the accused has applied for probation, pending (otherwise known as An Act Providing that Bail Shall Not, with
resolution of the case but no bail was filed or the accused is Certain Exceptions Be Required in Cases of Violations of
incapable of filing one (Sec. 24, Rule 114 of the ROC); and Municipal & City Ordinances …);
(iv) where a child is detained, the court shall order the (v) when he is found to be a recidivist or a habitual
release of the minor on recognizance to his/her parents delinquent or has been previously convicted for an offense to
and other suitable person (Sec. 35, RA 9344) which the law or ordinance attaches an equal or greater
penalty or for two or more offenses to which it attaches a
NOTE: Before the trial court may release a youthful offender lighter penalty; (vi) when he commits the offense while on
on recognizance to the custody of his parents, the parole or under conditional pardon;
recommendation of the DSWD or other agency authorized by
the court must be obtained (Art. 191, PD 603).
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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 Ǫ. 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 Second – the accused is arrested in the province, city or
covered by the Rules on Summary Procedure where the municipality other than where his case is pending
municipal trial judge is satisfied that there is no necessity
for placing the accused under custody, in which case he may NOTE: In the first situation, the accused may file bail with the
issue summons instead of a warrant of arrest (Sec. 9[b], Rule court where his case is pending, or in the absence or
112 of the ROC) unavailability of the judge thereof, with another branch OF
THE SAME COURT within the province, municipality or city.
Section 17. Bail, where filed. — (a) Bail in the amount fixed
may be filed with the court where the case is pending, or, in NOTE: In the second situation, the accused has two options.
the absence or unavailability of the judge thereof, with any First, he may file bail with any RTC of the province, city or
regional trial judge, metropolitan trial judge, municipal municipality where he was arrested. Second, when no RTC
trial judge, or municipal circuit trial judge in the province, judge is available, he may file bail with any MTC, MCTC, MTCC
city, or municipality. If the accused is arrested in a province, or MeTC therein (Cruz vs Yaneza, 304 SCRA 285).
city, or municipality other than where the case is pending,
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 application for bail under section 8 of this Rule, the court
trial judge, municipal trial judge or municipal circuit trial must give reasonable notice of the hearing to the
judge therein. prosecutor or require him to submit his recommendation.
(18a)
(b) Where the grant of bail is a matter of discretion, or
the accused seeks to be released on recognizance, the NOTE: In this jurisdiction, whether bail is a matter of right or

96
9
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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 person as required, his bail shall be declared forfeited and
court, AND EVEN THOUGH UNDER THE CIRCUMSTANCES the bondsmen given thirty (30) days within which to
BAIL IS A produce their principal and to show cause why no
MATTER OF RIGHT (Espiritu vs Jovellanos, 280 SCRA 579). 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
whom it was filed in accordance with section 17 of this reason for his non-production; and
Rule.
(b) explain why the accused did not appear before the
Whenever bail is filed with a court other than where the court when first required to do so.
case is pending, the judge who accepted the bail shall
forward it, together with the order of release and other Failing in these two requisites, a judgment shall be
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
accused is admitted to bail, the court may, upon good Section 22. Cancellation of bail. — Upon application of the
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. — state the total number of detainees, the names of those
No bail shall be allowed after the judgment of conviction held for more than thirty (30) days, the duration of
has become final. If before such finality, the accused has detention, the crime charged, the status of the case, the
applies for probation, he may be allowed temporary liberty cause for detention, and other pertinent information. (25a)
under his bail. When no bail was filed or the accused is
Section 26. Bail not a bar to objections on illegal arrest,
incapable of filing one, the court may allow his
lack of or irregular preliminary investigation. — An
release on recognizance to the custody of a responsible
application for or admission to bail shall not bar the
member of the community. In no case shall bail be
accused from challenging the validity of his arrest or the
allowed after the accused has commenced to serve
legality of the warrant issued therefor, or from assailing
sentence. (24a)
the regularity or questioning the absence of a
Section 25. Court supervision of detainees. — The court preliminary investigation of the charge against him,
shall exercise supervision over all persons in custody for provided that he raises them before entering his plea.
the purpose of eliminating unnecessary detention. The 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
Ǫ. What are the objections not deemed waived by him. (1a)
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)
(iii)the irregularity or absence of a preliminary investigation (e) When the accused is under preventive detention, his
(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 accused shall be arraigned within ten (10) days from the
date of the raffle. The pre-trial conference of his case shall
Plea Section 1. Arraignment and plea; how be held within ten (10) days after arraignment. (n)
made. — (f) The private offended party shall be required to appear
(a)The accused must be arraigned before the court where at the arraignment for purposes of plea bargaining,
the complaint or information was filed or assigned for trial. determination of civil liability, and other matters requiring
The arraignment shall be made in open court by the judge his presence. In case of failure of the offended party to
or clerk by furnishing the accused with a copy of the appear despite due notice, the court may allow the accused
complaint or information, reading the same in the language to enter a plea of guilty to a lesser offense which is
or dialect known to him, and asking him whether he pleads necessarily included in the offense charged with the
guilty or not guilty. The prosecution may call at the trial conformity of the trial prosecutor alone. (cir. 1-89)
witnesses other than those named in the complaint or (g)Unless a shorter period is provided by special law or
information. Supreme Court circular, the arraignment shall be held
(b)The accused must be present at the arraignment and within thirty (30) days from the date the court acquires
must personally enter his plea. Both arraignment and plea jurisdiction over the person of the accused. The time of the
shall be made of record, but failure to do so shall not affect pendency of a motion to quash or for a bill of particulars or
the validity of the proceedings.
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other causes justifying suspension of the arraignment shall
be excluded in computing the period. (sec. 2, cir. 38-98) 1. In open court where the C/I has been filed or
assigned for trial;
Ǫ. What is arraignment? 2. By the judge or clerk of court;
A. Arraignment is a procedure whereby the accused is brought 3. By furnishing the accused with a copy of the C/I;
before the court to plead to the criminal charge against him in 4. By reading it in a language or dialect known to the
the indictment or information. The charge is read to him and accused;
he is asked to plead “guilty” or “not guilty” (Black’s Law 5. By asking the accused whether he pleads guilty or not
Dictionary). guilty;
Ǫ: What is the purpose of arraignment? 6. Accused must personally appear during arraignment
A: (i) To apprise of the reason for his indictment, specific and enter his plea;and
charges he is bound to face, and the corresponding penalty 7. Both arraignment and plea shall be made of record but
that could possibly issue against him; failure to enter of record shall not affect the validity of
(ii) To apprise the accused of the possible loss of freedom, the proceedings.
even of his life, based on the crime filed against him; Ǫ. When should a plea of not guilty be entered?
(iii) To inform the accused of why the prosecuting arm of the A.
State is mobilized against him (i) when the accused pleads not guilty to the offense charged;
Ǫ. What is a plea? (ii) when he refuses to make a plea;
A. Plea is the response made by the accused in open court (iii) when he makes a conditional plea of guilt;
upon arraignment in which the complaint or information is (iv) when he admits the truth of some or all allegations of
read to him in a language or dialect known to him, and such the information but interposes excuses or additional facts
accused is asked whether he pleads guilty or not guilty to the which, if duly established, would exempt or relieve him of
offense charged. criminal responsibility;
(v)when, after a plea of guilt, he introduces evidence of
Ǫ: Plea- When and How Made self-defense or other exculpatory facts; and
A: (vi) when the plea is indefinite, vague or ambiguous
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 Ǫ: 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.
Ǫ: What are other instances where arraignment is held
XPNs: within a shorter period?
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
2. When the accused did not fully understand the be 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
3. Where the Information is insufficient to sustain 27 of AM No. 02-1-18-SC, the arraignment shall be
conviction of the offense charged scheduled within 7days from the date of the filing of the
C/I w/ the Family Court, unless shorter period is provided by
4. Where the information does not charge an offense, law)
any conviction thereunder being void
Ǫ. Is the arraignment made after the prosecution rested
5. Where the court has no jurisdiction its case considered a prejudicial error?
A: No. It is a non-prejudicial error because counsel of the
NOTE: Plea of guilty is mitigating if it is made before accused failed to object lack of arraignment during trial; and
prosecution starts to present evidence counsel of the accused had full opportunity to cross- examine
the witnesses.
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Ǫ. 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 expert; Ǫ. What objections are deemed waived by pleading to the
(ii) when the trial court failed in its obligation to explain Information?
fully to the accused the consequences of his plea of guilt and A.
the probable penalty that may be imposed upon him; (i) the Information does not conform to the prescribed form;
(iii) where the Information was amended but the accused (ii) failure of the Information to allege time with sufficient
was arraigned on the original Information (Binabay vs definiteness;
People, L-31008, January 30, 1971) (iii) multiplicity of charges;
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.;
Ǫ: Can a counsel enter a plea for the accused?
A: No. A counsel cannot enter a plea for the accused. A mere NOTE: Give the case of Pp vs Sale.
written motion or manifestation is not a valid plea. The ROC (vi) violation of the right to preliminary investigation;
explicitly requires that the accused must be present at the (vii) violation of the constitutional right against
arraignment and must personally enter his plea. unreasonable searches and seizures;
NOTE: Where all Complaints were in English and technical Ǫ: What are the effects of absence or irregularity of
legal language, the same not having been translated to a Arraignment?
language the accused understands, together with the lack of A:
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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
2. Generally, judgment is void if accused has not been CASES:

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
necessarily violate the constitutional right of the FIVE HUNDRED PESOS (Php172,834,500.00)
accused. Subsequent arraignment will cure the error
provided that the accused was able to present evidence Facts:
and cross-examine the witnesses of the prosecution On June 5, 2014, the Office of the Ombudsman filed an
during trial Information for plunder against Enrile, (Napoles and
the 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
mere formal amendments Enrile motion to dismiss for lack of evidence on record
to establish probable cause and ad cautelam motion for
5. Accused is presumed to have been validly arraigned in bail; and a supplemental opposition to issuance of
the absence of proof to the contrary, except when the warrant of arrest and for dismissal of Information.
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
6. Accused must personally appear during arraignment plunder case against the accused. Enrile received a notice
and enter his plea of hearing informing him that his arraignment will be
on July 11, 2014.
7. Trial in absentia may be conducted only after valid
arraignment Before the date of arraignment, Enrile filed a motion for
bill of particulars before the SB but the latter denied
Enrile’s motion essentially on the following grounds:
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REMEDIAL LAW
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
arrest and for dismissal of information; and consideration of the bill of particulars submitted,
which,by suppletory application of the Rules of Civil
(2) the details sought are evidentiary in nature and are Procedure, forms part of the Information.14 It should
best ventilated during trial. be stressed that since a motion for bill of particulars is
not an objection on the sufficiency but on the vagueness
Enrile maintains that the denial was a serious violation of the Information, then the Information remains valid. As
of his constitutional right to be informed of the nature there is no objection on the validity of the Information, then
and cause of the accusation against him and alleges the arraignment and the plea entered during the
that he was left to speculate on what his specific proceedings whether by the court or the accused should
participation in the crime of plunder had been. equally be deemed valid and therefore, not set aside.
Issue:
W/N arraignment of Enrile should still proceed after People vs. Estomaca
filing bill of particulars
Ruling: Crime/s: 5 instances of rape
Yes
It is significant to point out that in a situation where Facts:
the accused has moved for a bill of particulars, but The accused, Melchor Estomaca y Garque, an illiterate
such motion is denied by the trial court, absent any laborer, was charged guilty of five instances of rape of
restraining order from the propercourt,the arraignment her daughter (Melita Estomaca). When he was arraigned,
of the accused should still proceed; otherwise, it would he pleaded guilty to all of the complaints against him.
be fairly easy for every accused to delay the Eventually however, he informed the court that he was
proceedings against him by the mere expedient of filing only guilty of two counts of rape, that the other three
a motion for a bill of particulars. Thus, the accused, on might have been done by the victim’s boyfriend and he
the scheduled date of arraignment, must enter a plea, was merely blamed for it.
and if he refuses upon his insistence for a bill of
particulars, then, in accordance with Section 1 (c), Rule Since he was charged for a heinous crime, the case
116 of the Rules of Criminal Procedure, the trial court was elevated to Supreme Court, which found the
shall enter a plea of not guilty 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 (2) the full comprehension of the consequences of the
judge himself or by the clerk of court furnishing the
plea.
accused a copy of the complaint or information with
the list of witnesses stated therein, then reading the The questions of the trial court failed to show the
same in the language or dialect that is known to him, and
questions that demonstrate appellants full
asking him 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 and educational background of the appellant were not
law affords the accused by way of implementation of plumbed by the trial court.
the 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
People vs Alicando
an avenue for him to be able to hoist the necessary
defense 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:

Respondent Alicando was charged in an Information with
consisted merely of the bare reading of the five
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
The victim was seen by a neighbor in the house of the
complaint or information was not read to the accused in
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
peeked, and saw that the accused was raping and
strangling the girl. The neighbor initially did not tell
anyone as she was shocked, but eventually told the
victim’s parents and the police of what she saw, and
the police then arrested the accused.
After being arrested, he verbally confessed to the crime

without counsel, and on the basis of such confession,
interrogations and investigations were conducted and
evidences were recovered from the accused’s house,
including the victim’s clothing.
The autopsy revealed that the proximate cause of

death was strangulation, consistent with the accused’s
confession
During arraignment, he pleaded guilty with the

assistance of a PAO lawyer. The trial court found the
accused GUILTY and sentenced him to death
This petition is an instant appeal is on automatic

review considering that death penalty is imposed. A new
counsel for the accused replaced the old one, and the
decision of the trial court is now assailed.
Issue:
W/N the accused was properly arraigned
Ruling:
NO
The arraignment was not proper.

S1(a) R116 provides that the arraignment must be
read to the
accused in a language or dialect known to him. The
importance of reading the complaint or
information to the accused in the language or dialect
known to him cannot be understated,
considering that the Philippines is a nation of diverse
languages and dialects that many people
often do not know Tagalog or English, the primary
languages of the country. Corollary to the
accused’s right to be informed, he must be able to
understand it in a language that is known to
him. It is necessary for the right to be informed to be
considered.
In this case, the records do not reveal that the
information was read to the accused in a language
or dialect known to him. The Information was written
in English, and it cannot be shown that
the accused knows or understands English.
While there is a presumption that the arraignment is
regularly conducted, the court cannot rely
on such presumption. The scanty transcript did not show
that the information was read in the
language known to the accused. Given the gravity of
the penalty of death, the court cannot rely
on such presumption.
PLEA OF GUILT NULL AND VOID
S3 R116 provides that when the accused pleads guilty to
a capital offense, the court shall
conduct a searching inquiry to the voluntariness and
full comprehension of the consequences of
his plea.
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SC said that the searching inquiry must be focused on:
1.Voluntariness of the plea
2.Full comprehension of the consequences of the plea
In this case, the transcript provides that while the court
warned him that the imposable penalty
is mandatory death, he would also face some effects
on his civil rights. The trial court must explain
to the accused the elements of the crime alleged and the
full consequences thereof. There was
even no records that the trial court even tried to know
the personality profile of the accused
such as his age, socio-economic status, and education.
The trial court merely warned him that
he might be sentenced to death with some effects on his
civil rights.
(Other issued involve evidence)

WHEREFORE, the case is REMANDED to the trial court for
further proceedings
People vs. Magat
Crime/s: Rape
Facts:
2 informations were filed against Antonio Magat y
Londonio for the crime of rape.
On Aug 14, 1994 and Sept. 1, 1996, during the 17th
birthday of his daughter, Ann Fideli Magat, accused-
appellant Antonio Magat with lewd designs, and

● Magat appealed to SC contending that the trial
court erred in re-arraigning and proceeding into
107 trial despite the fact that he was already convicted

REMEDIAL LAW
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
● He likewise posit that the re-arraignment and provision that a certain penalty be imposed upon him,
trial on the same information violated his right is equivalent to a plea of not guilty and would,
against double jeopardy. therefore, 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
against double jeopardy which was based on a void plea bargaining is also void
ab initio and cannot be considered to have attained
Ruling:
finality for the simple reason that a void judgment has
The January 10, 1997 order of the trial court convicting
no legality from its inception. Thus, since the
the accused-appellant on his own plea of guilt is void ab
judgment of conviction rendered against accused-
initio on the ground that accused-appellant's plea is not
appellant is void, double jeopardy will not lie.
the plea bargaining contemplated and allowed by law
and the rules of procedure.
Section 2. Plea of guilty to a lesser offense. — At
The only instance where a plea bargaining is allowed
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
108

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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)
Ǫ. When is plea of guilt to a lesser offense not allowed?

DOJ CIRCULAR NO. 027 A.
(i) the fact of death of the victim for which the accused
Ǫ: What is plea bargaining? was originally charged cannot be reconciled with the plea of
A: Plea bargaining is a process whereby the accused and the guilty to the lower offense of attempted homicide (Amatan vs
prosecution work out a mutually satisfactory disposition of the Aujero, 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
Ǫ. When does an offense include or is included in another offense of homicide (People vs Kayanan, G.R. No. L-30355, May
offense? 31, 1978).
A. A lesser offense is necessarily included in the offense
charged when the essential ingredients of the former Ǫ. What is the effect of plea of guilty to a lesser offense on
constitute or form part of those constituting the latter (Sec. 5, the civil liability of the accused?
Rule 120 of the ROC). Examples are the crime of homicide is A. The court may award damages corresponding to the offense
necessarily included in murder, of theft in robbery, and of charged (Mario Gevero vs Guihin Agricultural Dev’t. Corp., G.R.
simple seduction in qualified seduction. 122619, August 18, 2006)
Ǫ. Is consent of the offended party required if the accused

would plea to a lesser offense? Section 3. Plea of guilty to capital offense; reception of
A. Yes. However, if the offended party failed to appear in the evidence. — When the accused pleads guilty to a capital
arraignment despite notice, the court may allow the accused offense, the court shall conduct a searching inquiry into the
to plead guilty to a lesser offense which is necessarily included voluntariness and full comprehension of the consequences
in the offense charged with the conformity of the trial of his plea and require the prosecution to prove his
prosecutor guilt

109

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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
Ǫ. If an accused plead guilty to a capital offense, is the in person or has employed a counsel of his choice, the court
prosecution still required to present evidence to prove the must assign a counsel de oficio to defend him. (6a)
guilt of the accused? Ǫ. 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
evidence, discretionary. — When the accused pleads guilty whether 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
from the parties to determine the penalty to be imposed. time 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
Ǫ. Can plea of not guilty be withdrawn? the questions that may arise, shall appoint as counsel de
A. Yes. The Rules are silent on the matter but this must be oficio only such members of the bar in good standing who,
done before promulgation of judgment (Regalado, Vol. 2, 9th by reason of their experience and ability, can competently
ed., p. 408) defend the accused. But in localities where such members
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)
110

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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)
Ǫ. 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
question to be resolved is whether or not the allegation of the
III.PROCEDURE
complaint or information are averred with sufficient
definiteness or particularity to enable the movant to properly
3. Free Legal Assistance
prepare his responsive pleading and prepare for trial (Tantuico
If a party fails to qualify for the availment of the services
vs Republic, 204 SCRA 428).
of the Public Attorney's Office, the Integrated Bar of the
Philippines Local Chapter shall provide free legal
Ǫ. Give examples when bill of particulars is proper?
assistance to said party. For this purpose, the IBP Local
A.
Chapter shall submit to the Executive Judges a list of
(i) when the complaint or information fails to allege the
IBP-local lawyers who may be appointed by the courts to
time of commission of the offense with sufficient
act as counsel de officio in such cases. The lists shall be
definiteness (People vs Elpedes, 350 SCRA 712);
disseminated among all the trial courts in the station.
(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
Ǫ. 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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Ǫ. 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
Ǫ. 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
Ǫ. If the prosecution would comply with the order of bill of Procedure.
particulars, how or what are the modes of compliance? Ǫ. 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
showing good cause and with notice to the parties, the
court, in order to prevent surprise, suppression, or
alteration, may order the prosecution to produce and
permit the inspection and copying or photographing of any
written statement given by the complainant and other
witnesses in any investigation of the offense conducted by
11
Crime/s: R.A. No. 3019 or Anti Graft and Corruption/
Estafa
(e) Causing any undue injury to any party, including the

Government, or giving any private party any unwarranted
benefits, advantage or preference in the discharge of his
official administrative or judicial functions through manifest
partiality, evident bad faith or gross inexcusable negligence.

REMEDIAL LAW
This provision shall apply to officers and employees of
offices or government corporations charged with the grant of
licenses or permits or other concessions.
Facts:
The Government Service Insurance System (the GSIS, for
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
GSIS and, also, the President of the Manila Hotel, for
violation of Section 3(e) of R.A. No. 3019, as amended.
As a result of the filing of two informations with

respondent Sandiganbayan involving the same accused
(herein petitioner) and the same set of facts, Criminal
Case No. 14252 was consolidated with Criminal Case No.
14134 which was pending before the First Division of
respondent Sandiganbayan. Respondent Sandiganbayan,
however, remanded the consolidated cases against
petitioner to the Office of the Ombudsman for
reinvestigation.
During the preliminary investigation conducted anew by

the Office of the Ombudsman, petitioner submitted his
counter-affidavit and supporting documents. After the
completion of said investigation, Prosecutor Leonardo
P. Tamayo of the Office of the Ombudsman prepared a
Resolution, which recommended the withdrawal of the
Information in Criminal Case No. 14252.
Respondent Ombudsman, however, despite the above

recommendation of the investigating prosecutor
11
the prosecution to proceed under the existing
Information in Criminal Case No. 14252. Petitioner thus
filed with respondent Sandiganbayan (First Division) an
Omnibus Motion to Quash the Information, which was
denied for lack of merit. Hence, petitioner filed the
instant petition.
Issue:
WON petitioner’s prayer for the production of the record/
evidence in order for him to prepare his defense is valid
Ruing:
YES.
Petitioner’s prayer for the production of the record is

intended not only for proper observance of the
constitutional requirement that probable cause be
determined personally by the judge, but also to enable
him to examine the evidence and prepare his defenses
and for trial. e
Public respondents contend that the production of the

record of the preliminary examination is not necessary
since petitioner can always resort to any of the modes of
discovery available to an accused under the Rules of
Court, specifically citing Section 11 of Rule 116, which
provides:
Sec. 11. Production or inspection of material
113

REMEDIAL LAW
evidence in possession of prosecution. - On
motion of the accused showing good cause
and with notice to all parties, the court, in
order to prevent surprise, suppression, or
alteration, may order the prosecution to
produce and permit the inspection and
copying or photographing, of any written
statements given by the complainant and
other witnesses in any investigation of the
offense conducted by the prosecution or
any other investigating officers, as well as of
any designated documents, papers, books,
accounts, letters, photographs, objects or
tangible things, not otherwise privileged,
which constitute or contain evidence
material to any matter involved in the case,
and which are in the possession or under the
control of the prosecution, the police, or any
other law investigating agencies.
This rule refers to the right of the accused to move for

production or inspection of material evidence in the
possession of the prosecution. It authorizes the
defense 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

defense
for this purpose, with notice to all parties.
It is true that the granting of permission lies within the

discretion of the court. However, respondent court in
this case has failed to sufficiently justify its refusal to
have the records of the preliminary investigation
produced before it so that petitioner may use them for
his defense, either in its resolutions denying
petitioner’s Omnibus Motion and Motion for
Reconsideration, or in the pleadings and Memorandum
filed by herein respondents before this Court.
Consequently, we find no reason to deny petitioner the
right to avail of such mode of discovery. If only for the
reason that petitioner should be given the opportunity
to inspect the evidence presented during the
preliminary investigation solely for the purpose of
enabling him to prepare for his defense and for trial,
this questioned resolution of respondent
Sandiganbayan should be modified.
WHEREFORE, the resolutions appealed from are hereby

AFFIRMED, with the modification that respondent
Ombudsman is DIRECTED to produce the pertinent
records of the preliminary investigation before the
114
11
REMEDIAL LAW
Section 11. Suspension of arraignment. — Upon motion 338 SCRA 511)
by the proper party, the arraignment shall be suspended in
the following cases: Ǫ. When is an accused of unsound mind?
(a)The accused appears to be suffering from an unsound A. If it would render the accused unable to fully
mental condition which effective renders him unable to understand the charge against him and to plead intelligently
fully understand the charge against him and to plead thereto.
intelligently thereto. In such case, the court shall order his
mental examination and, if necessary, his confinement for Ǫ. What should the court do if its finds that the accused is
such purpose; of unsound mind?
A. The court must suspend the arraignment and order the
(b) There exists a prejudicial question; and mental examination of the accused, and if confinement be
(c) A petition for review of the resolution of the necessary for examination, order such confinement and
prosecutor is pending at either the Department of Justice, examination.
or the Office of the President; provided, that the period of
suspension shall not exceed sixty (60) days counted from Ǫ. If a petition for review was filed before the DOJ, should
the filing of the petition with the reviewing office. (12a) the trial court defer the arraignment?
A. Yes but only for a period of 60 days from the date of filing
Ǫ. What are grounds for suspension of arraignment?
of the petition before the DOJ.
Ǫ. What are the periods of suspension of arraignment?

People vs Estrada
A.
(i) under par. a of Sec. 11, Rule 116 – until the accused
Crime/s: Murder
recovers his mental faculties
(ii)under par. b of Sec. 11, Rule 116 – the suspension
Facts:
shall last until the termination of the civil action
This is an automatic review of the death penalty imposed
(iii) under par. c of Sec. 11, Rule 116 – the suspension
on accused appellant by the Regional Trial Court
shall not exceed 60 days (Solar Team Entertainment, Inc. vs
How,
In an Information dated December 29, 1994,

REMEDIAL LAW
Accused-appellant Roberto Estrada y Lopez was charged
with the crime of murder for the killing of one Rogelio
P. Mararac, a security guard.
On or about the 27th day of December 1994 in the City of
Dagupan, Philippines, the above-named accused,
ROBERTO ESTRADA Y LOPEZ, being then armed with a
butcher’s knife, with intent to kill one ROGELIO P.
MARARAC with treachery and committed in a holy place
of worship, did then and there, wilfully, unlawfully
and criminally, attack, assault and use personal violence
upon the latter by stabbing him, hitting him on vital
parts of his body with the said weapon, thereby causing
his death shortly thereafter.
At the arraignment, Accused-appellant’s counsel, the

Public Attorney’s Office, filed an "Urgent Motion to
Suspend Arraignment and to Commit Accused to
Psychiatric Ward at Baguio General Hospital." It was
alleged that accused-appellant could not properly and
intelligently enter a plea because he was suffering from
a mental defect; that before the commission of the
crime, he was confined at the psychiatric ward of the
Baguio General Hospital in Baguio City. He prayed for
the suspension of his arraignment and the issuance of
an order confining him at the said hospital.
Issue:
WON the suspension for arraignment file by the accused
11
appellant on the ground of mental condition is valid
Ruling:
NO.
The fact that accused-appellant was able to answer the

questions asked by the trial court is not conclusive
evidence that he was competent enough to stand trial
and assist in his defense. Section 12, Rule 116 speaks
of an unsound mental condition that "effectively
renders [the accused] unable to fully understand the
charge against him and to plead intelligently thereto."
It is not clear whether accused-appellant was of such
sound mind as to fully understand the charge against
him. It is also not certain whether his plea was made
intelligently. The plea of "not guilty" was not made by
accused-appellant but by the trial court "because of his
refusal to plead."
The trial court took it solely upon itself to determine

the sanity of Accused-Appellant. The trial judge is not a
psychiatrist or psychologist or some other expert
equipped with the specialized knowledge of
determining the state of a person’s mental health. To
determine the accused-appellant’s competency to stand
trial, the court, in the instant case, should have at least
ordered the examination of accused-appellant,
especially in the light of the latter’s history of mental
illness.
116

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If the medical history was not enough to create a
reasonable doubt in the judge’s mind of accused-
appellant’s competency to stand trial, subsequent
events should have done so. One month after the
prosecution rested its case, the Jail Warden of
Dagupan City wrote the trial judge informing him of
accused-appellant’s unusual behavior and requesting that
he be examined at the hospital to determine whether
he should remain in jail or be placed in some other
institution. The trial judge ignored this letter. One year
later, Accused-appellant’s counsel filed a "Motion to
Confine Accused for Physical, Mental and Psychiatric
Examination." Attached to this motion was a second
letter by the new Jail Warden of Dagupan City
accompanied by a letter-complaint of the members of the
Bukang Liwayway Association of the city jail. Despite the
two (2) attached letters, 81 the judge ignored the
"Motion to Confine Accused for Physical, Mental and
Psychiatric Examination." The records are barren of any
order disposing of the said motion. The trial court instead
ordered accused-appellant to present his evidence.
Accused-appellant’s history of mental illness was brought

to the court’s attention on the day of the arraignment.
Counsel for accused-appellant moved for suspension of
the arraignment on the ground that his client could not
properly and intelligently enter a plea due to his mental

condition. The Motion for Suspension is authorized under
Section 12, Rule 116 of the 1985 Rules on Criminal
Procedure.
SECTION 12. Suspension of arraignment. — The

arraignment shall be suspended, if at the time thereof:
(a) The accused appears to be suffering from an unsound

mental condition which effectively renders him unable
to fully understand the charge against him and to plead
intelligently thereto. In such case, the court shall order
his mental examination and, if necessary, his
confinement for such purpose.
(b) . . The arraignment of an accused shall be

suspended if at the time thereof he appears to be
suffering from an unsound mental condition of such
nature as to render him unable to fully understand the
charge against him and to plead intelligently thereto.
Under these circumstances, the court must suspend
the proceedings and order the mental examination of
the accused, and if confinement be necessary for
examination, order such confinement and examination. If
the accused is not in full possession of his mental
faculties at the time he is informed at the arraignment
of the nature and cause of the accusation against him,
the process is itself a felo de 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 determination of whether a sanity investigation or the representations, PBI purchased the questioned lot.
hearing should be ordered rests generally in the
discretion of the trial court. Mere allegation of insanity Later, PBI discovered that respondent and his mother did
is insufficient. There must be evidence or not have a valid title over the subject lot, and it was
circumstances that raise a "reasonable doubt" or a "bona never sold to them by Juanito and Po. As a result thereof
PBI was ousted from the possession of the disputed lot.
fide doubt" as to defendant’s competence to stand trial.
Among the factors a judge may consider is evidence of PBI demanded from respondent and his mother to return
the defendant’s irrational behavior, history of mental the amount of P 13,369,641.79 alleged to have been
illness or behavioral abnormalities, previous initially paid but to no avail.
confinement for mental disturbance, demeanor of the
defendant, and psychiatric or even lay testimony Respondent filed an action for Injunctive Relief against
bearing on the issue of competency in a particular case. PBI and other defendants and sought a declaration that
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
Psychiatric Ward at Baguio General Hospital, is hereby Later, PBI filed against respondent and his mother a
DENIED. complaint for Damages and Attachment. However,
respondent filed a motion to dismiss on the ground of
forum shopping and the pendency of the action for
People vs. Consing Injunctive Relief.
Crime/s: Estafa through falsification of Public document A criminal case for estafa through falsification of public
document was filed against respondent and his mother.
Facts: Respondent, however, filed a motion to defer arraignment
Respondent Raphael Jose Consing Jr and his mother, on the ground of prejudicial question.
Cecilia de la Cruz, represented to Plus Builders, Inc. (PBI)
that they are the true and lawful owner of a parcel of
Issue
118
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 Ǫuash
A prejudicial question is defined as that which arises in
a case, the resolution of which is a logical antecedent Section 1. Time to move to quash. — At any time before
of the issue involved therein, and the cognizance of entering his plea, the accused may move to quash the
which pertains to another tribunal. The prejudicial complaint or information. (1)
question must be determinative of the case before the
court but the jurisdiction to try and resolve the Ǫ. What is a motion to quash?
question must be lodged in another court or tribunal. It is A. A motion to quash is a motion requesting that a criminal
a question based on a fact distinct and separate from complaint or information be dismissed on grounds specified by
the crime but so intimately connected with it that it law or rule. The right to move to quash belongs to the
determines the guilt or innocence of the accused. For a
accused. The judge cannot motu propio initiate a motion to
civil action to be considered prejudicial to a criminal
case as to cause the suspension of the criminal quash because the motion to quash contemplates an initial
proceedings until the final resolution of the civil action, action that should come from the accused.
the following requisites must be present:
(1) the civil case involves facts intimately related to Ǫ. Can an accused move to quash the complaint or
those upon which the criminal prosecution would be information after arraignment?
based; A. As a general rule, the motion to quash must be filed before
(2) in the resolution of the issue or issues raised in the
arraignment. The exceptions are those provided under Sec. 9,
civil action, the guilt or innocence of the accused would
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
119

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
Ǫ. 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,

Ǫ. Should it be set for hearing?
Marcial Olympia, Rocky Mercene and Raul Adlawan Joel
R. Pedro respondents summary Joel Pedro was caught A. Yes. Thus, Sec. 2, Rule 117 of the ROC prohibits an oral
illegally carrying a firearm without a written permit motion to quash.
from COMELEC at a checkpoint at Boac, Marinduque a NOTE: The sentence in Sec. 2, Rule 117 that “the court shall
day before the May 14, 2001 national and local consider no ground other than those stated in the motion” is
elections (there was a gun ban). Pedro says that he called the “OMNIBUS MOTION RULE” (People vs Nitafan, 302
has a “permit” from COMELEC. RTC quashed the Info
SCRA 424).
and asked the petitioners to return the items seized
from Pedro. Los Baños asked RTC to reopen the case.
Pedro moved for the reconsideration of the RTC’s order Ǫ. What is the “omnibus motion rule”?
primarily based on Section 8 of Rule 117, arguing that A. Other than the grounds stated in the motion, the court
the dismissal had become permanent. SC finds the cannot take cognizance of those grounds not so pleaded in the
petition meritorious and hold that the case should be motion; hence, those grounds not so pleaded in the motion
remanded to the trial court for arraignment and trial. are deemed waived on the part of the accused.
Issue: Ǫ. 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
of the motion may be invoked to support the quashal of (i) That the accused has been previously convicted or
the information (People vs de la Rosa, 98 SCRA 190). acquitted of the offense charged, or the case against him
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:
Ǫ. What are the grounds of a motion to quash?
A.
(a) That the facts charged do not constitute an offense; (i) no offense charged;
(b)That the court trying the case has no jurisdiction over (ii) lack of jurisdiction over the offense;
the offense charged; (iii) lack of jurisdiction over the person of the accused; (iv)
lack of authority of the officer who filed the information; (v)
(c)That the court trying the case has no jurisdiction over failure to conform to the prescribed form;
the person of the accused; (vi) duplicity of offense; (vii) extinction of criminal action or
(d) That the officer who filed the information had no liability;
authority to do so; (viii) information containing legal excuse or justification;
(ix) double jeopardy (Sec. 3, Rule 117 of the ROC)
(e) That it does not conform substantially to the
prescribed form; Ǫ. What is the test in determining that the facts charged do
(f) That more than one offense is charged except when a not constitute an offense?
single punishment for various offenses is prescribed by law; A. The test is – whether the facts averred, if hypothetically
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
extinguished;
664)
Ǫ. 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)
Ǫ. What is the sole ground that the court may consider
even if not alleged in a motion to quash? Ǫ. How about territorial jurisdiction?
A. Lack of jurisdiction over the offense charged. This ground A. It is determined when the allegations in the complaint
may be raised at any stage of the proceedings (Cudia vs CA, or information show that the offense or any of its essential
284 SCRA 173). ingredients happened at a place within the jurisdiction of the
court.
Ǫ. Can the court on its own motion dismiss the complaint
or information on the ground that it has no jurisdiction Ǫ. 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).
Ǫ. What are the requisites for the court to acquire
jurisdiction over the offense charged? Ǫ. 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” Ǫ. If the accused entered a plea on arraignment without
(Cruz vs CA, 388 SCRA 72) invoking his right to question any irregularity which might
have accompanied his arrest, did the court acquire
Ǫ. 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 (ii) chief state prosecutor (now prosecutor general) (Sec. 2,
deemed to have submitted to the jurisdiction of the court Rule 112 of the ROC)
(Miranda vs 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
(i)motion to quash the complaint on the ground of lack of 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. Ǫ. 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
Ǫ. 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
A. Yes. The rule is – if the accused objects to the jurisdiction CANNOT BE CURED BY SILENCE, ACQUIESCENCE OR EVEN BY
of the court over his person, he may move to quash the EXPRESS 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 Ǫ. 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
Ǫ. 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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Ǫ. What is the general rule on duplicity of offenses as a
ground of a motion to quash?
A. The complaint or information must charge only one offense. CASE:
Ǫ. Is there any exception? Enrile vs. Manalastas

A. Yes, in complex crimes. Ǫ. 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
Ǫ. 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,
Ǫ. What are the rules on pardon of private crimes? thereby rendering their charges of less serious physical
injuries dismissible; and that the two cases for less serious
A. see notes in Sec. 5, Rule 110 of the ROC. physical injuries, being necessarily related to the case of
frustrated homicide still pending in the Office of the
Ǫ. What are the circumstances that would constitute a Provincial Prosecutor, should not be governed by the
legal excuse or justification under Sec. 3(h), Rule 117 of Rules on Summary Procedure. The MTC denied the
petitioners’ motion for reconsideration because the
the ROC?
grounds of the motion had already been discussed and
A. They are justifying and exempting circumstances under Arts. passed upon in the resolution sought to be reconsidered;
11 & 12, RPC and Art. 332, RPC and because the cases were governed by the Rules on
Summary Procedure, which prohibited the motion for
Ǫ. Is the enumeration of the grounds for a motion to reconsideration. Thereafter, the petitioners presented a
quash the complaint or information exclusive in character? manifestation with motion to quash and a motion for the
A. Yes. No other ground to quash the complaint or information deferment of the arraignment. The MTC denied the
motion to quash, and ruled that the cases for less serious
shall be entertained.
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
Unsatisfied, the petitioners commenced a special civil authority 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 (h) the complaint or information contains averments
the RTC, averring grave abuse of discretion amounting to which, if true, would constitute a legal excuse or
lack or excess of jurisdiction. They urged the dismissal of
justification; and (i) the accused has been previously
the criminal cases on the same grounds they advanced in
convicted or acquitted of the offense charged, or the case
the RTC. The CA dismissed the petition for certiorari and
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
The motion to quash is the mode by which an accused, such matters, being evidentiary, were appropriate for
before entering his plea, challenges the complaint or the trial. 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:
the motion to quash is based on an alleged defect of the
(a)the facts charged do not constitute an offense;
(b) the court trying the case has no jurisdiction over complaint or information which can be cured by
the offense charged; amendment, the court shall order that an amendment be
(c) the court trying the case has no jurisdiction over made. (4a)
the 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,
The motion shall be granted if the prosecution fails to 393 SCRA 397).
make the amendment, or the complaint or information still
suffers from the same defect despite the amendment. (n) Ǫ. Differentiate Sec. 4, Rule 117 from Sec. 5, Rule 117.
A. In Sec. 4, Rule 117 - MTQ is denied and the court orders an
Ǫ. 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
(ii) the information does not conform substantially to the information/complaint be filed.
prescribed form CASE:
Ǫ. 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?
A. The court should deny the motion to quash then proceed in

accordance with Sec. 4, Rule 117 of the ROC. If the prosecutor
fails to make the amendment, it is only then that the motion
to quash will be granted and the case will be dismissed
(People vs Garcia, 281 SCRA 463).
Ǫ. What is the proper remedy if the motion to quash is

denied?
A. The proper remedy is to go to trial without prejudice to
reiterating the special defenses involved in said motion, and
not certiorari, prohibition or mandamus (Lee vs People, 393
SCRA 397) unless there are special circumstances clearly
demonstrating that the court acted without or in excess of
12
Crime/s: Violation of Comprehensive Drugs Act or RA
9165
Facts:
Pursuant to the instructions of then Director of the
Bureau of Corrections, Dionisio R. Santiago, on June
30, 2003, a random drug test was conducted in the
National Bilibid Prison (NBP) wherein the urine samples
of thirty-eight (38) inmates were collected and subjected
to drug testing by the Chief Medical Technologist and
Assistant Medical Technologist of the Alpha Polytechnic
Laboratory in Quezon City, and out of that number,
twenty-one (21) urine samples tested positive. After
confirmatory tests doneby the NBI Forensic Chemistry
Division, those twenty-one (21) urine samples, which
included that of herein respondents, yielded positive

REMEDIAL LAW
results confirming the result of the initial screen test.
Necessarily, the twenty-one (21) inmates were charged
with violation of Section 15, Article II of Republic Act
No. 9165 (RA 9165) under identical Informations, All
respondents pleaded "Not Guilty" to the crime charged
during their arraignment on June 29, 2006. Thereafter,
the case was set for pre-trial and trial on August 11,
2006.5 On August 29, 2006, respondents filed a
Consolidated Motion to Dismiss on the ground that the
facts alleged in the Information do not constitute a
violation of Section 15, RA 9165 The Regional Trial Court
(RTC) of Muntinlupa, before the scheduled hearing
date for pre-trial and trial, issued an Order 9 granting
respondents' Consolidated Motion to Dismiss.
WHEREFORE, finding no probable cause for the offense
charged in the Information these cases are ordered
DISMISSED with costs de officio. The CA affirmed the trial
court's Order PETITIONER: the CA erred because
respondents had lost the remedy under Section 3(a), Rule
117 of the Rules of Court having been already
arraigned before availing of the said remedy.
RESPONDENTS: the CA is correct in upholding the
RTC's decision dismissing the Informations filed against
them. They claim that since the ground they relied on
is Section 3(a), Rule 117 of the Rules of Court, their
motion to quash may be filed even after they have
entered their plea
Issue:
WON CA erred in upholding the RTC's grant of
respondents' motion and eventually dismissing the case
12
Ruling:
YES
The RTC judge went beyond her authority when she

dismissed the cases based on lack of probable cause and
not on the ground raised by respondents. Section 2,16
Rule 117 of the Revised Rules on Criminal Procedure
plainly states that in a motion to quash, the court shall
not consider any ground other than those stated in the
motion, except lack of jurisdiction over the offense
charged. In the present case, what the respondents claim
in their motion to quash is that the facts alleged in the
Informations do not constitute an offense and not lack of
probable cause as ruled by the RTC judge. The RTC
judge's determination of probable cause should have
been only limited prior to the issuance of a warrant of
arrest and not after the arraignment. Once the
information has been filed, the judge shall then
"personally evaluate the resolution of the prosecutor and
its supporting evidence"17 to determine whether there is
probable cause to issue a warrant of arrest. At this stage,
a judicial determination of probable cause exists.18 In
People v. Castillo and Mejia,19 this Court has stated:
There are two kinds of determination of probable
cause: executive and judicial. The executive
determination of probable cause is one made during
preliminary investigation. It is a function that properly
pertains to the

REMEDIAL LAW
public prosecutor who is given a broad discretion to
determine whether probable cause exists and to charge
those whom he believes to have committed the crime
as defined by law and thus should be held for trial.
Otherwise stated, such official has the quasi-judicial
authority to determine whether or not a criminal case
must be filed in court. Whether or not that function has
been correctly discharged by the public prosecutor,
i.e.,whether or not he has made a correct ascertainment
of the existence of probable cause in a case, is a
matter that the trial court itself does not and may not
be compelled to pass upon. The judicial determination
of probable cause, on the other hand, is one made by
the judge to ascertain whether a warrant of arrest
should be issued against the accused. The judge must
satisfy himself that based on the evidence submitted,
there is necessity for placing the accused under
custody in order not to frustrate the ends of justice. If
the judge finds no probable cause, the judge cannot be
forced to issue the arrest warrant.
The difference is clear: The executive determination of

probable cause concerns itself with whether there is
enough evidence to support an Information being filed.
The judicial determination of probable cause, on the
other hand, determines whether a warrant of arrest
should be issued. While it is within the trial court’s
12
discretion to make an independent assessment of the
evidence on hand, it isonly for the purpose of
determining whether a warrant of arrest should beissued.
The judge does not act as an appellate court of the
prosecutor and has no capacity to review the prosecutor’s
determination of probable cause; rather, the judge makes
a determination of probable cause independent of the
prosecutor’s finding. 23 In truth, the court's duty in an
appropriate case is confined merely to the determination
of whether the assailed executive or judicial
determination of probable cause was done without orin
excess of jurisdiction or with grave abuse of discretion
amounting to want of jurisdiction. 24 In this particular
case, by proceeding with the arraignment of respondents,
there was already an admittance that there is probable
cause. Thus, the RTC should not have ruled on whether or
not there is probable cause to hold respondents liable for
the crime committed since its duty is limited only to the
determination of whether the material averments in the
complaint or information are sufficient to hold
respondents for trial.1âwphi1 In fact, in their motion,
respondents claimed that the facts alleged in the
Informations do not constitute an offense. Considering
that the RTC has already found probable cause, it should
have denied the motion to quash and allowed the
prosecution to present its evidence and wait for a
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.
without dismissing the case. If the defect in the SP No. 100016 are hereby REVERSED and SET ASIDE.
information is curable by amendment, the motion to SO 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 another complaint or information be filed except as
defects curable by amendment.27 Corollary to this rule, provided in section 6 of this rule. If the order is made, the
the court should give the prosecution an opportunity to accused, if in custody, shall not be discharged unless
amend the information.28 In the present case, the RTC admitted to bail. If no order is made or if having been
judge 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
Informations. In People v. Talao Perez, 29 this Court ruled may allow for good cause, the accused, if in custody,
that, "...even granting that the information in question shall be discharged unless he is also in custody for another
is defective, as pointed out by the accused, it charge. (5a)
appearing that the defects thereof can be cured by Section 6. Order sustaining the motion to quash not a bar to
amendment, the lower court should not have dismissed another prosecution; exception. — An order sustaining the
the case but should have ordered the Fiscal to amend motion to quash is not a bar to another prosecution for the
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 Ǫ: What is the effect of sustaining MTǪ?
on technical grounds when the complaint might easily A: If the motion to quash is sustained, the court may order that
be amended. IN LIGHT OF THE FOREGOING, the another complaint or information be filed except as provided
present 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 formal charge sufficient in form and substance to sustain a
be discharged unless admitted to bail. conviction and after the accused had pleaded to the
charge, the conviction or acquittal of the accused or the
If no order is made or if having been made, no new
dismissal of the case shall be a bar to another
information is filed within the time specified in the order or
prosecution for the offense charged, or for any attempt to
within such further time as the court may allow for good
commit the same or frustration thereof, or for any offense
cause, the accused, if in custody, shall be discharged unless he
which necessarily includes or is necessarily included in the
is also in custody for another charge. (See Sec.5 of Rule 117)
offense charged in 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
in the same order granting the motion to quash.
to another prosecution for an offense which
necessarily includes the offense charged in the former
NOTE: If the order sustaining the motion to quash does
complaint or information under any of the following
not order the filing of another information, and said order
instances:
becomes final and executory, the court may no longer direct
the filing of another information (Gonzales vs Salvador, G.R. (a)the graver offense developed due to supervening facts
168340, Dec. 5, 2006). arising from the same act or omission constituting the
former charge;
Ǫ. Is an order sustaining the motion to quash a bar to
another prosecution? (b)the facts constituting the graver charge became known
A. As a general rule, no (Sec. 6, Rule 117 of the ROC) except if or were discovered only after a plea was entered in the
the ground of the motion to quash is extinction of criminal former complaint or information; or
offense and double jeopardy (c) the plea of guilty to the lesser offense was made
without the consent of the prosecutor and of the offended
Section 7. Former conviction or acquittal; double jeopardy. — party except as provided in section 1 (f) of Rule 116.
When an accused has been convicted or acquitted, or the In any of the foregoing cases, where the accused satisfies
case against him dismissed or otherwise terminated or serves in whole or in part the judgment, he shall be
without his express consent by a court of competent
1
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credited with the same in the event of conviction for the
graver offense. (7a) separate pending cases – Sec. 3(i), Rule 117 of the ROC
(ACCORDING TO REGALADO);
(ii) the accused is prosecuted anew for the same offense

Ǫ. What is jeopardy? after he had been convicted or acquitted – Sec. 7, Rule 117 of
A: The peril in which a person is put when he is regularly the ROC;
charged with a crime before a tribunal properly organized and
competent to try him. (iii)the prosecution appeals from the judgment in the same
case – Sec. 2, Rule 122 of the ROC.
Ǫ. What is the concept of double jeopardy? Ǫ. What are the requisites of double jeopardy?
A. When a person is charged with an offense and the case is A. (i) the first jeopardy must have attached prior to the second;
terminated either by acquittal or conviction or in any other (ii) the first jeopardy must have terminated; and
manner without the express consent of the accused, the latter (iii) the second jeopardy must be for the same offense as
cannot again be charged with the same or identical the first (People vs Bocar, 138 SCRA 166) or the second
offense. (Sec 21, Art. III. Constitution; Marantanan vs CA, offense includes or is necessarily included in the offense
350 SCRA 387) charged in the first information, or is an attempt to commit
the same or is a frustration thereof (People vs Nitafan 302
NOTE: An acquittal is final and unappealable on the ground of SCRA 424)
double jeopardy, whether it happens at the trial court or
before the appellate court (People vs Velasco, 340 SCRA 207). Ǫ. What are the requisites for the first jeopardy to attach?
(ICAP)
Ǫ. Can there be an appeal or petition for review under Rule A. (i) the accused individual is charged under a complaint or
45 of the ROC of a judgment of acquittal? an information sufficient in form and substance to sustain his
A. Appeal or petition for review under Rule 45 of the ROC is conviction;
prohibited. A judgment of acquittal is immediately final and
executory (Cruz vs CA, 388 SCRA 72). (ii) the court has jurisdiction;
Ǫ. What instances will the issue of double jeopardy arise? (iii) the accused had been arraigned and had pleaded;
A. (i) the accused is charged with the same offense in two

131
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(iv) a valid plea
may not be invoked. double jeopardy, unless the
acquittal was void for
Ǫ: What are the requisites of the second jeopardy to having bee done with grave
terminate? [ACT] abuse of discretion
A: (i) The accused has been Acquitted; amounting to lack of excess
of jurisdiction.
(ii) Convicted;
(iii) The case was dismissed or otherwise terminated NOTE:

without his express consent (People vs Velasco, 340 SCRA 207)
Express consent to a Provisional dismissal may
Dismissal vs Acquittal either be oral or written.It is a positive, direct,
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
DISMISSAL ACǪUITTAL waiver of his right against double jeopardy.
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
(insufficiency of evidence given by
The dismissal is without does not show defendant’s
prejudice to re-filling of guilt beyond reasonable prosecution) filed by the accused after the
another information for the doubt. prosecution has rested;
same acts. There being no 2. Dismissal due to the denial of the accused’s
valid termination of the Another information for the right to speedy trial and disposition of the
first jeopardy, the right same acts may not be case
against double jeopardy filed without violating the
right of the accused
against 132
13
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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
jurisdiction over the offense charged, it will no Q Abduction vs S Abduction = use of authority while the other
longer be a bar to the filling of another is deceit.
information Ǫ. What are the exceptions to the rule that “conviction
of the accused shall be a bar to another prosecution for
The only instance that DJ will not attach is when an offense which includes the offense charged in the
the trial court acted with grave abuse of discretion former complaint or information”?
amounting to lack of excess of jurisdiction, such as A. (i) supervening facts – the graver offense developed due to
where the prosecution was denied the opportunity supervening facts arising from the same act or omission
to present its case or where the trial was a sham. constituting the former charge (Sec. 7[a], Rule 117 of the ROC);
Remedy: Certiorari examples are
What are the requisites of Second Jeopardy? (SAFI)
(a) where the accused was charged with physical
injuries and after conviction, the injured dies, the charge of
Ǫ. 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
● An attempt to commit the said offense physical injuries only because according to the certification,
● A Frustration of the said offense the injuries suffered by the offended party would require
● Any offense which necessarily includes the first offense medical attendance of 5 to 9 days barring complications and
charged; or the said case was dismissed, a subsequent charge of serious
● any offense which necessarily Include the first offense physical injuries is not barred by double jeopardy where
charged the alleged 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 charge became known or were discovered only after NOTE: To entitle the accused to the benefit of double jeopardy,
a plea was entered in the former complaint or information the offenses charged in the two prosecutions must be for the
(Sec. 7[b], Rule 117) “same offense”. The term “same offense” was held to mean
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
notice (Sec. 7[c], Rule 117) Ǫ. What is the same evidence test?
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
Ǫ. 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.
double jeopardy. They are the 6)
(i) same offense test; and the
Ǫ. Are the following grounds for a motion to quash?
(ii) same evidence test. A. (i) failure to furnish resolution in the preliminary
Ǫ. What is the same offense test? investigation to the respondent (Vasquez vs Hobilla-Alinio,
A. This is provided for in Sec. 7, Rule 117 of the ROC. The 271 SCRA 67) - NO
conviction or acquittal of the accused or the dismissal of the (ii) lack of probable cause – NO because a motion to quash
case without his consent shall be a bar to another prosecution should be based on a defect in the information; note however
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
probable cause (Sec. 3[a], Rule 112 of the ROC) NOTE: In this instance, the second jeopardy is a
civil case, specifically the appeal of the civil aspect;
(iii) lack of preliminary investigation – NO because it does hence, there is no double jeopardy.
not impair the validity of the information nor render it
defective nor affect the jurisdiction of the court over the case NOTE: Give as an example the case of People vs
(People vs Yutila, 102 SCRA 264) Almario Encarnacion
(iv) pendency of another charge for the same offense – (iii) when the action is dismissed with the express consent
NO because the accused cannot invoke yet double of the accused
jeopardy because it has not yet resulted in conviction, NOTE:
acquittal or dismissal (Jimenez vs Military Commission, 39 SCRA General Rule – there is no double jeopardy when the
39) 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 XPNs–
dismiss in civil case, the pendency of another charge for the (a) when the dismissal is based on insufficiency of
same offense is not a ground for a motion to quash. evidence; (b) the case was dismissed for violation of
Ǫ. 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, Ǫ. What is a void judgment?
350 SCRA 387) A.A void judgment is, in effect, no judgment at all. By
Ǫ. 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 NOTE: The dismissal of the charge after preliminary
vs Sandiganbayan, 144 SCRA 43) investigation does not amount to judicial
(vi) when the trial court commits grave abuse of discretion pronouncement of acquittal.
(vii) when the court had no jurisdiction (xi)where the defamatory statements were preparatory to,
and culminated, in a threat (People vs Yebra, 109 Phil. 613)
Ǫ. Can there be double jeopardy where the accused
entered a plea in a court that had no jurisdiction? (xii) use of unlicensed firearm in homicide OR killing a person
A. No (Binay vs Sandiganbayan, 316 SCRA 65) with a knife and a firearm not used in the killing was seized
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
Ǫ. If the fiscal had no authority to file the the accused and with notice to the offended party.
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
(ix) when the two offenses are different after issuance of the order without the case having been
revived. With respect to offenses punishable by
Ǫ. 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 Ǫ. 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
(x) when the case is dismissed on preliminary investigation consent of the accused with notice to the offended party and
without prejudice to its revival within the period prescribed by
the rules.
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Ǫ. 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;
(ii) there must be notice to the offended party Ǫ. Why?
(iii) the dismissal must be without prejudice to its revival A. Because the dismissal is actually an acquittal.
Ǫ. When does a provisional dismissal become permanent? Ǫ. Can an accused object to a provisional dismissal
A. Sec. 8, Rule 117, 2nd par. especially when he wants a permanent dismissal?
A. Yes
NOTE: If the provisional dismissal is made without
notice to the offended party, the reglementary period PEOPLE vs LACSON
does not begin to run AND the accused cannot invoke
double jeopardy yet. If it is made without the expressed Crime/s: MULTIPLE MURDER
consent of the accused, then there can be no valid
provisional dismissal. Facts:
Petitioners filed a motion for reconsideration of the
Ǫ. What is the effect of permanent dismissal? Resolution remanding this case to the RTC for the
A. The effect of permanent dismissal is to bar the refiling or determination of several factual issues relative to the
application of Section 8 of Rule 117 of the Revised
revival of the criminal action as well as the prosecution of the
Rules of Criminal Procedure on the dismissal of criminal
accused for the offense charged, or for any attempt to commit cases filed against Panfilo Lacson and his co-accused
the same or frustration thereof, or for any offense which with the said court. In the criminal cases, the
includes or is necessarily included in the offense charged in respondent and his co-accused were charged with
the former complaint or information. multiple murder for the shooting and killing of eleven
male victims.
Ǫ. Can double jeopardy apply if the dismissal was made
with the consent of the accused? The Court ruled that the provisional dismissal of
A. As a rule NO. However, double jeopardy will apply even if criminal cases were with the express consent of the
the dismissal was made with the express consent of the respondent as he himself moved for said provisional
accused or upon his motion provided that it is predicated on dismissal when he filed his motion for judicial
determination of probable cause and for examination of
witnesses. The petitioners contend that Section 8, Rule
117 of the Revised Rules of Criminal Procedure is not
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and
the time-bar in said rule should not be applied
retroactively.
Issue:
Whether the provisional dismissal issued by the Court
was proper
Ruling:
No.
Section 8, Rule 117 of the Revised Rules of Criminal

Procedure provides that a case shall not be
provisionally dismissed except with the express consent
of the accused and with notice to the offended party.
The provisional dismissal of offenses punishable by
imprisonment not exceeding six (6) years or a fine of
any amount, or both, shall become permanent one (1)
year after issuance of the order without the case
having been revived. With respect to offenses
punishable by imprisonment of more than six (6) years,
their provisional dismissal shall become permanent two
(2) years after issuance of the order without the case
having been revived.
Having invoked said rule before the petitioners-panel of

prosecutors and before the CA, the respondent is
burdened to establish the essential requisites of the
first paragraph thereof, namely:
1. The prosecution with the express conformity of the
accused or the accused moves for a provisional (sin
perjuicio) dismissal of the case; or both the prosecution
and the accused move for a provisional dismissal of the
case;
1
2. The offended party is notified of the motion for a
provisional dismissal of the case;
3. The court issues an order granting the motion and
dismissing the case provisionally;
4. The public prosecutor is served with a copy of the
order of provisional dismissal of the case.
Express consent to a provisional dismissal is given

either viva voce or in writing. It is a positive, direct,
unequivocal consent requiring no inference or
implication to supply its meaning. Where the accused
writes on the motion of a prosecutor for a provisional
dismissal of the case “no objection” or “with my
conformity,” the writing amounts to express consent of
the accused to a provisional dismissal of the case. The
mere inaction or silence of the accused to a motion for a
provisional dismissal of the case or his failure to object
to a provisional dismissal does not amount to express
consent.
A motion of the accused for a provisional dismissal of a

case is an express consent to such provisional
dismissal. If a criminal case is provisionally dismissed
with the express consent of the accused, the case may be
revived only within the periods provided in the new
rule. If a criminal case is provisionally dismissed
without the express consent of the accused or over his
objection, the new rule would not apply. The case may be
revived even beyond the prescribed periods subject to the
right of the accused to oppose the same on the ground
of double jeopardy or that such revival or refiling is
barred by the statute of limitations.
13
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Respondent has failed to prove that the first and Ǫ. What are the effects of failure to quash?
second requisites of the first paragraph of the new rule A. (i) the ground for quashing the information is waived
were present when Judge Agnir, Jr. dismissed Criminal
NOTE:
Cases Nos. Q-99-81679 to Q-99-81689. The prosecution
did not file any motion for the provisional dismissal of General Rule – the failure of the accused to assert any
the said criminal cases. The respondent did not pray ground for a motion to quash before he pleads to the
for the dismissal, provisional or otherwise, of Criminal information, either because he did not file a motion to
Cases Nos. Q-99- 81679 to Q-99-81689. Neither did he quash or failed to allege the same in said motion, shall
ever agree, impliedly or expressly, to a mere be deemed waiver of the grounds for a motion to
provisional 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

Section 9. Failure to move to quash or to allege any ground or 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
information, either because he did not file a motion to objection is deemed waived. Accordingly, any
quash or failed to allege the same in said motion, shall be irregularity in his arrest was cured when he
deemed a waiver of any objections based on the grounds voluntarily submitted himself to the jurisdiction of the
provided for in paragraphs (a), (b), (g), and (i) of section 3 trial court (People vs Mahusay, 282 SCRA 80).
of this Rule. However, it was held that a waiver of an illegal
warrantless arrest does not mean a waiver of the
inadmissibility of evidence seized during
1
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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;
Ǫ. What grounds are not waived by failure to quash?
A. (i) the facts charged do not constitute an offense (e)modification of the order of trial if the accused admits
(ii) the court trying the case has no jurisdiction over the the charge but interposes a lawful defense; and
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)
Ǫ. 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
Section 1. Pre-trial; mandatory in criminal cases. — In all to be heard, and to make all other steps necessary to aid
criminal cases cognizable by the Sandiganbayan, Regional in the disposition of the case.
Trial Court, Metropolitan Trial Court, Municipal Trial Court Ǫ. 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
following: Ǫ. Is pre-trial mandatory?
A. Yes
(a) plea bargaining;
140
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Ǫ. 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
substantial prejudice has been caused to a party (Martinez vs Ǫ. Can there be a stipulation of fact to prove
de la Merced, 174 SCRA 182). a qualifying aggravating circumstance in the
crime of rape?
Ǫ. What are the matters to be considered in pre-trial? A. No (People vs Sitao, 387 SCRA 701)
Ǫ. Can there be a stipulation of fact with
Ǫ. 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
than that possible for the graver charge. Ǫ. How would you distinguish it from stipulation of fact
(SoF) during trial?
Ǫ. 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
Ǫ. What is the effect of stipulation of facts? is automatically reduced into writing and contained in the
A. It is recognized as declarations constituting transcript of the proceedings had in court; and the conformity
judicial admissions; hence, binding upon the of the accused in the form of his signature affixed thereto is
parties (People vs Razul, 392 SCRA 553). The unnecessary
rule is that no proof need be offered as to any

REMEDIAL LAW
Ǫ. 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)
Ǫ. What is the purpose of waiver of objections to evidence?
A. The purpose of waiver of objections to evidence is to Ǫ. Is it mandatory that pre-trial agreements must be
abbreviate the proceedings. signed by the accused and his counsel? Why?
Ǫ. What is the order of trial in a criminal case? A. Yes. It is mandatory because of the very language of the law
A. see Sec. 11, Rule 119 of the ROC when it stated “shall”.
Ǫ. When can the order of trial be modified? Ǫ. What if the pre-trial agreement was not signed by
A. The order of trial can be modified if the accused admits the the accused, can it be used as evidence against him?
charge but interposes a lawful defense A. No.
(Sec. 1[e]. Rule 118 of the ROC) Ǫ. What if is the counsel of the accused who failed to sign
Ǫ. Give examples of lawful defenses. the pre-trial agreement?
A. The justifying and exempting circumstances under Arts. 11 A. The pre-trial agreement cannot be used against the
& Art. 12 of the RPC as well as defense of relationship accused.
in crimes against property under Art. 332 of the same code.
Ǫ. 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
(Chua-Burce vs CA, 331 SCRA 1). Facts:
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
shall be reduced in writing and signed by the accused and malversation through falsification in their capacities as
counsel, otherwise, they cannot be used against the municipal mayor and municipal treasurer of Kabayan,
142
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Province of Benguet. During their arraignment,
petitioners pled "not guilty." The parties submitted a
"Joint Stipulation of Facts and Documents," duly signed
by the two accused and their counsel Atty Molintas
Later on, the accused, represented by their new
counsel, Atty. Cinco, moved to withdraw the Joint
Stipulation of Facts and Documents. Specifically, they
sought to withdraw, first, Stipulation 1(b) which states
that "Both the accused admit the disbursement of the
amount of P510,000.00 and P55,000.00"; and second,
Exhibits "1" to "8-a". They invoked their constitutional
right to be presumed innocent until proven guilty. The
Sandiganbayan denied the petitioners’ Motion to
Withdraw Joint Stipulation .
Issue:
Whether accused be allowed to withdraw unilaterally
from the Joint Stipulation of Facts and Documents.
Ruling:
Petitioners fail to appreciate the indispensable role of
stipulations in the speedy disposition of cases. The new
Rules on Criminal Procedure mandate parties to agree on
matters of facts, issues and evidence. Such stipulations
are greatly favored because they simplify, shorten or
settle litigations in a faster and more convenient manner.
They save costs, time and resources of the parties and, at
the same time, help unclog court dockets. Once validly
entered into, stipulations will not be set aside unless
for good cause. They should be enforced especially
when they are not false, unreasonable or against good
morals and sound public policy. When made before the
court, they are conclusive. And the party who validly

them can be relieved therefrom only upon a showing of
collusion, duress, fraud, misrepresentation as to facts,
and undue influence; or upon a showing of sufficient
cause on such terms as will serve justice in a particular
case. Moreover, the power to relieve a party from a
stipulation validly made lies in the court’s sound
discretion which, unless exercised with grave abuse,
will not be disturbed on appeal. Once the stipulations
are reduced into writing and signed by the parties and
their counsels, they become binding on the parties who
made them. They become judicial admissions of the
fact or facts stipulated. Even if placed at a
disadvantageous position, a party may not be allowed
to rescind them unilaterally; it must assume the
consequences of the disadvantage. Verily, during pretrial,
attorneys must make a full disclosure of their positions
as to what the real issues of the trial would be. They
should not be allowed to embarrass or inconvenience
the court or injure the opposing litigant by their careless
preparation for a case; or by their failure to raise
relevant issues at the outset of a trial; or, as in this case,
by their unilateral withdrawal of valid stipulations that
they signed and that their clients fully assented to.
Furthermore, a new counsel cannot justify such
withdrawal by the simple expedient of passing the
blame on the previous counsel, who had supposedly
not sufficiently discharged his duty to the client.
DISPOSITION: Petition is DENIED
DOCTRINE:
Stipulations freely and voluntarily made are valid and
binding and will not be set aside unless for good cause.
The Rules of Court mandate parties in a criminal case 143

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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
may be placed at a disadvantage during the trial. matters 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
Ǫ. 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
Ǫ. What if the presence of the accused is required
shall bind the parties, limit the trial to matters not
by the court and he failed to appear during pre-
disposed of, and control the course of the action during the
trial?
trial, unless modified by the court to prevent manifest
A. If the accused is on bail, the court may order the
injustice. (3)
cancellation of his bail and order for his arrest. If the
accused is under detention or under the custody of the Ǫ. 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
Ǫ. 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
Section 1. Time to prepare for trial. — After a plea of not prosecution (Gimenez vs Nazareno, 160 SCRA 1).
guilty is entered, the accused shall have at least fifteen Ǫ. 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
Ǫ. 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 fact, before a court that has jurisdiction. Section 2. Continuous trial until terminated; postponements.
— Trial once commenced shall continue from day to day as
Ǫ. 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 notwithstanding the absence of the accused provided The court shall, after consultation with the prosecutor and
he has been duly notified and his failure to appear is defense counsel, set the case for continuous trial on a
unjustifiable”. weekly or other short-term trial calendar at the earliest
possible time so as to ensure speedy trial. In no case shall
Ǫ. What are the requisites of trial in absentia? the entire trial period exceed one hundred eighty (180)
A. (i) the accused had already been arraigned; days from the first day of trial, except as otherwise
(ii) he has been duly notified of the trial; and authorized by the Supreme Court. (sec. 8, cir. 38-98).
(iii) his failure to appear is unjustifiable (Parada vs
Veneracion, 269 SCRA The time limitations provided under this section and the
371 preceding section shall not apply where special laws or
circulars of the Supreme Court provide for a shorter period
Ǫ. What is the effect of trial in absentia?** of trial. (n)
A. The failure of the accused out on bail to appear at the trial
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
following: For purposes of this subparagraph, an essential witness
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
(2) Delay resulting from proceedings with respect whereabouts are known but his presence for trial cannot
to other criminal charges against the accused; be obtained by due diligence.
(3) Delay resulting from extraordinary remedies (c) Any period of delay resulting from the mental
against interlocutory orders; incompetence or physical inability of the accused to stand
trial.
(4) Delay resulting from pre-trial proceedings;
provided, that the delay does not exceed thirty (30) (d) If the information is dismissed upon motion of the
days; prosecution and thereafter a charge is filed against the
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 (e) A reasonable period of delay when the accused is
of a prejudicial question; and joined for trial with a co-accused over whom the court
(7)Delay reasonably attributable to any period, not has not acquired jurisdiction, or, as to whom the time for
exceed thirty (30) days, during which any trial has not run and no motion for separate trial has been
granted.
(f) Any period of delay resulting from a continuance

granted by any court motu proprio, or on motion of either

146

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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
granted the continuance on the basis of its findings set the accused is to be tried again pursuant to an order for a
forth in the order that the ends of justice served by taking new trial, the trial shall commence within thirty (30) days
such action outweigh the best interest of the public and from notice of the order, provided that if the period
the accused in a speedy trial. (sec. 9, cir. 38-98) becomes impractical due to unavailability of witnesses and
Section 4. Factors for granting continuance. — The following other factors, the court may extend it but not to exceed
factors, among others, shall be considered by a court in one hundred eighty (180) days from notice of said order
determining whether to grant a continuance under section for a new trial. (sec. 11, cir. 38-98)
3(f) of this Rule. Section 6. Extended time limit. — Notwithstanding the
(a) Whether or not the failure to grant a continuance in provisions of section 1(g), Rule 116 and the preceding
the proceeding would likely make a continuation of such section 1, for the first twelve-calendar-month period
proceeding impossible or result in a miscarriage of justice; following its effectivity on September 15, 1998, the time
and limit with respect to the period from arraignment to trial
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

shall be granted because of congestion of the court's VALENCIA vs SANDIGANBAYAN
calendar or lack of diligent preparation or failure to obtain
available witnesses on the part of the prosecutor. (sec. 10, Crime/s: VIOLATION OF ANTI_GRAFT AND CORRUPT
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
election; because 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
imprisoned. — If the public attorney assigned to defend a
On December 1, 1992 then Governor Rodolfo G.
person charged with a crime knows that the latter is
Valencia of Oriental, Mindoro, appointed Cresente
Umbao to the position of a councilor in the Municipal preventively detained, either because he is charged with a
Council of Pola, Oriental Mindoro on the vacancy left by bailable crime but has no means to post bail, or, is charged
the death of Councilor Mercene. Prosecution contends with a non-bailable crime, or, is serving a term of
that this appointment is in violation of RA 3019 as it imprisonment in any penal institution, it shall be his duty
gives unwarranted benefits to Mr. Umbao who is to do the following:
disqualified to be appointed within a period of 1 year
after having lost in May 1992 local election for (a) Shall promptly undertake to obtain the presence
councilor On Mar 26, 2003 the Sandiganbayan directed of the prisoner for trial or cause a notice to be served on
the parties to sign the joint stipulation of facts Valencia the person having custody of the prisoner requiring
did not sign the Joint Stipulation of Facts (only such person to so advise the prisoner of his right to
prosecutor, and petitioner’s counsel signed) On Jan 12,
demand trial.
2004 Prosecutor rested the case based on the Joint
Stipulation of Facts and waived 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
prisoner shall promptly advise the prisoner of the charge (d) Willfully fails to proceed to trial without justification
and of his right to demand trial. If at anytime thereafter consistent with the provisions hereof, the court may punish
the prisoner informs his custodian that he demands such such counsel, attorney, or prosecution, as follows:
trial, the latter shall cause notice to that effect to sent (1) By imposing on a counsel privately retained in
promptly to the public attorney. connection with the defense of an accused, a fine
(c)Upon receipt of such notice, the public attorney shall not exceeding twenty thousand pesos (P20,000.00);
promptly seek to obtain the presence of the prisoner for (2) By imposing on any appointed counsel de
trial. oficio, public attorney, or prosecutor a fine not
(d) When the custodian of the prisoner receives from the exceeding five thousand pesos (P5,000.00); and
public attorney a properly supported request for the (3) By denying any defense counsel or prosecutor
availability of the prisoner for purposes of trial, the the right to practice before the court trying the case
prisoner shall be made available accordingly. (sec. 12, cir. for a period not exceeding thirty (30) days. The
38-98) punishment provided for by this section shall be
Section 8. Sanctions. — In any case in which private counsel without prejudice to any appropriate criminal action
for the accused, the public attorney, or the prosecutor. or other sanction authorized under these rules. (sec.
13, cir. 38-98)
(a)Knowingly allows the case to be set for trial without
disclosing that a necessary witness would be unavailable
for trial; Section 9. Remedy where accused is not brought to trial
(b) Files a motion solely for delay which he knows is within the time limit. — If the accused is not brought to trial
totally frivolous and without merit; within the time limit required by Section 1(g), Rule 116
and Section 1, as extended by Section 6 of this rule, the
(c) Makes a statement for the purpose of obtaining information may be dismissed on motion of the accused on
continuance which he knows to be false and which is the ground of denial of his right of speedy trial. The
material to the granting of a continuance; or accused shall have the burden of proving the motion but
the prosecution shall have the burden of going forward
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with the evidence to establish the exclusion of time under
section 3 of this rule. The dismissal shall be subject to the Ǫ. What is speedy trial?
rules on double jeopardy. A. A speedy trial is one conducted according to the law of
criminal procedure and rules and regulations, free from
Failure of the accused to move for dismissal prior to vexatious, capricious and oppressive delays. It is based on Sec.
trial shall constitute a waiver of the right to dismiss under 14(2), Art. III of the 1987 Constitution and Sec. 1(h), Rule
this section. (sec. 14, cir. 38-98) 115 of the ROC
Section 10. Law on speedy trial not a bar to provision on
speedy trial in the Constitution. — No provision of law on Ǫ. What is the effect of violation of the right to speedy
speedy trial and no rule implementing the same shall be trial? A. The criminal case may be dismissed.
interpreted as a bar to any charge of denial of the right to
speedy trial guaranteed by section 14(2), article III, of the Ǫ. Will the dismissal be subject to the rules on double
1987 Constitution. (sec. 15, cir. 38-98) jeopardy?
A. Yes (Sec. 9, Rule 119 of the ROC)
Ǫ. What is the remedy when the accused is not brought to
trial within the time limit? Ǫ. Who has the burden of proof in criminal cases?
A. The accused may move to dismiss the case on the ground of A. The prosecution has the burden of proof to prove the guilt
denial of his right to speedy trial. of the accused beyond reasonable doubt because of the
Ǫ. What is the difference between motion to dismiss constitutional presumption of innocence of the accused. For
under Sec. 9, Rule 119 of the ROC & motion to this reason, the prosecution is required to present its evidence
quash under Sec. 3, Rule 117 of the ROC? ahead of the defense
A. NOTE: In proving the charge against the accused, the
MTD (Sec. 9, Rule 119) – the accused already entered prosecution must follow, where applicable, the Judicial
his plea; it must be filed before trial Affidavit Rule (A.M. No. 12-8-8-SC, September 12,
MTQ (Sec. 3, Rule 117) – the accused has not yet 2012). WITH RESPECT TO THE CIVIL ASPECT OF THE
entered his plea; as a rule, it must be filed before ACTION, REGARDLESS OF THE PENALTIES INVOLVED,
arraignment THE JUDICIAL AFFIDAVIT RULE SHALL APPLY

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Ǫ. What is the rule on Judicial Affidavit in Ǫ. After the defense rests its case, what is the next order
criminal cases? of 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; Ǫ. Is it mandatory for the court to allow the parties to
(ii) the accused agrees to the use of judicial present rebuttal & sur-rebuttal evidence?
affidavits, 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) Ǫ. 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
affidavit such documentary or object evidence as he NOTE: Under the Speedy Trial Act or RA 8493, in
may have, marking them as Exhs. A, B and so on. No the arraignment, if the accused pleads not guilty to
further judicial affidavit, documentary or object the crime charged, he shall state whether he
evidence shall be admitted at the trial (Sec. 9[b], A.M. interposes a negative or affirmative defense. A
No. 12- 8-8-SC). The Judicial Affidavits shall take the negative defense shall require the prosecution to
place of direct testimonies of the witnesses when they prove the guilt of the accused beyond reasonable doubt
appear before the court to testify. The adverse party while an affirmative defense may modify the order of
shall have the right to cross-examine the witness on trial and require the accused to prove such defense by
his judicial affidavit (Sec. 7, A.M. No. 12-8-8-SC). clear and convincing evidence (Sec. 7, RA 8493).

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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 to attend the same, or that other similar circumstances
defense, and damages, if any, arising from the issuance exist that would make him unavailable or prevent him from
of a 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 the court is satisfied that the examination of a witness for
case shall be deemed submitted for decision unless the the accused is necessary, an order will be made directing
court directs them to argue orally or to submit that the witness be examined at a specified date, time and
written 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
examination. The examination shall be taken before a
charged in the complaint or information but
judge, or, if not practicable, a member of the Bar in good
interposes a lawful defense, the order of trial may be
standing so designated by the judge in the order, or if the
modified. (3a)
order be made by a court of superior jurisdiction, before an
inferior court to be designated therein. The examination
shall proceed notwithstanding the absence of the
Section 12. Application for examination of witness for
prosecutor provided he was duly notified of the hearing. A
accused before trial. — When the accused has been held to
written record of the testimony shall be taken. (5a)
answer for an offense, he may, upon motion with notice to
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 Ǫ. What is the rule on joint trial of several accused?
post bail, the court shall commit him to prison until he A. see Sec. 16, Rule 119 of the ROC
complies or is legally discharged after his testimony has
NOTE: As long as two or more accused are jointly
been taken. (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 Ǫ. 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
Ǫ. 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
notice to attend the examination has been served on him,
court?
shall be conducted in the same manner as an examination
A. Yes. Though separate trial necessarily requires a repetition
at the trial. Failure or refusal of the accused to attend the
of the presentation of the same evidence causing
examination after notice shall be considered a waiver. The
inconvenience and expense on the part of the government, it
statement taken may be admitted in behalf of or against
cannot be given preference however, over the right to speedy
the accused. (7a)
trial and the protection of the person’s life, liberty or property
(Dacanay vs People, 240 SCRA 482)

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Ǫ. 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 statement of each proposed state witness at a hearing in
had finished presenting its evidence in chief (Joseph vs support of the discharge, the court is satisfied that:
Villaluz, G.R. No. L-46329, April 10, 1979)
(a) There is absolute necessity for the testimony of the
Ǫ. When should the motion for separate trial be accused whose discharge is requested;
made?
A. Though Sec. 16, Rule 119 of the ROC does not state (b) The is no other direct evidence available for the
when the motion for separate trial should be made, it proper prosecution of the offense committed, except the
must be filed before the commencement of the trial testimony of said accused;
(People vs Torres, 62 Phil. 942). (c) The testimony of said accused can be substantially
corroborated in its material points;
Ǫ. Is the grant of separate trial mandatory or
discretionary (d) Said accused does not appear to be the most guilty; and
A. Discretionary (Joseph vs Villaluz, G.R. No. L-46329, (e) Said accused has not at any time been convicted of
Paril 10, 1979 any 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)**
Ǫ. What are the types of statutory immunity under Sec. 17,

Section 17. Discharge of accused to be state witness. — When Rule 119 of the ROC?
two or more persons are jointly charged with the A. (i) transactional immunity; and
commission of any offense, upon motion of the prosecution (ii) use-and-derivative use immunity
before resting its case, the court may direct one or more of
the accused to be discharged with their consent so that Ǫ. What is transactional immunity?
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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,
Ǫ. 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)
Ǫ. Is a hearing necessary on the motion to discharge?
Ǫ. 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, prosecution to submit the sworn statement of each proposed
Rule 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
6981. NOTE: In petition for bail and motion for discharge as
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
Ǫ. Who has the right to determine who should be used as a discharge as a state witness, it is the prosecution who
state witness? files the motion
A. The prosecution has the right to decide who should be used Ǫ. 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).
Ǫ. What are the conditions for the discharge of state
Ǫ. How and when do you discharge an accused to become a
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witness? requirement that the witness does not appear to be
A. see Sec 17, Rule 119 of the ROC the most guilty?
Ǫ. What is the concept of absolute necessity? A. It means the highest degree of culpability in terms
A. There is absolute necessity when he alone has of participation in the commission of the offense
knowledge of the crime and not when his testimony and not necessarily the severity of the penalty
would simply corroborate or otherwise strengthen the imposed; it does not mean that he must be the least
evidence in the hands of the prosecution (Chua vs CA, guilty (People vs Ocimar, 212 SCRA 646). The law
261 SCRA 115). looks at his actual and individual participation in the
commission of the crime.
Ǫ. Give example of Sec. 17(b) of Rule 119 of the Ǫ. 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
Ǫ. Can another accused be discharged as a state jail (People vs Ocimar, 212 SCRA 646)
witness to substantially corroborate the testimony
of a previously discharged state witness under Sec. Section 18. Discharge of accused operates as acquittal. —
17(c) Rule 119 of the ROC? The order indicated in the preceding section shall amount
A. Yes if there are no other prosecution witness to to an acquittal of the discharged accused and shall be a
corroborate the testimony of a previously discharged bar to future prosecution for the same offense, unless the
state witness (People vs Peralta, 343 SCRA 221). accused fails or refuses to testify against his co-accused
in accordance with his sworn statement constituting the
Ǫ. What do you mean by “most guilty” in the basis for the discharge. (10a)

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Ǫ. What is the effect of discharged of co-accused?
A. The discharge of an accused as state witness shall amount Ǫ. Is the testimony of an erroneously discharged
to an acquittal from the offense charged. It shall be a bar to state witness admissible?
future prosecution for the same offense, unless the accused A. Yes (People vs de Guzman, 326 SCRA 131).
fails or refuses to testify against his co-accused in accordance SALVANERA vs. PEOPLE
with his sworn statement constituting the basis of his
discharge (Sec. 18, Rule 119 of the ROC). Crime/s: MURDER
Ǫ. Is an accused entitled to acquittal in case of an Facts:

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 an accused and by the trial court in granting the discharge, of accused Abutin and Tampelix, to serve as state
the discharged accused would not be deprived of an acquittal witnesses.
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
Ǫ. Once the discharged of an accused has been effected, Ruling:

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
Ǫ. What if the ground for recall is that not all the before judgment that a mistake has been made in charging
requisites for discharge of an accused are present, the proper offense and the accused cannot be convicted of
can an order of recall be validly made? the offense charged or any other offense necessarily
A. No (People vs de Guzman, 326 SCRA 131). included therein, the accused shall not be discharged if
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
Ǫ. What shall the court do if the offense proved is different accused, exclude the public from the trial, except court
from the offense charged and such offense proved does not personnel and the counsel of the parties. (13a)
include or is not necessarily included in the offense Ǫ. 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
NOTE: An accused cannot be convicted of an adduced is of such nature as to require their exclusion in the
offense unless it is clearly charged in the interest of morality and decency.
complaint or information. To convict him of an
offense other than that charged in the complaint or Ǫ. Can the prosecutor move for the exclusion of the public?
information would be violative of the constitutional A. No. Only the court on its motion or on motion of the
right to be informed of the nature and cause of the accused.
accusation against him (Evangelista vs People, 337
SCRA 671).
Section 22. Consolidation of trials of related offenses. —
Section 20. Appointment of acting prosecutor. — When a Charges for offenses founded on the same facts or forming
prosecutor, his assistant or deputy is disqualified to act due part of a series of offenses of similar character may be
to any of the grounds stated in section 1 of Rule 137 or for tried jointly at the discretion of the court. (14a)
any other reasons, the judge or the prosecutor shall
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Ǫ. What is consolidation?
A. Consolidation is the act or process of uniting several actions Section 23. Demurrer to evidence. — After the
into one trial and judgment, by order of a court, where all the prosecution rests its case, the court may dismiss the
actions are between the same parties, pending in the same action on the ground of insufficiency of evidence (1) on its
court and involving substantially the same subject matter, own initiative after giving the prosecution the opportunity
issues and defenses. to be heard or
(2) upon demurrer to evidence filed by the accused with or
Ǫ. When is consolidation proper? without leave of court.
A. Consolidation of several cases is proper if they involve the If the court denies the demurrer to evidence filed with
same parties and the same subject matter. leave of court, the accused may adduce evidence in his
defense. When the demurrer to evidence is filed without
Ǫ. If several cases involve the same parties and the same leave of court, the accused waives the right to present
subject matter, is consolidation mandatory on the part of evidence and submits the case for judgment on the basis of
the court? the evidence for the prosecution. (15a)
A. Consolidation of cases is addressed to the sound discretion
The motion for leave of court to file demurrer to evidence
of the court or it is a judicial prerogative.
shall specifically state its grounds and shall be filed within
a non-extendible period of five (5) days after the
Ǫ. Give an example.
prosecution rests its case. The prosecution may oppose the
A. Three accused were separately charged in three
motion within a non-extendible period of five (5) days from
informations for the same acts of falsification, and the
its receipt.
informations were consolidated and jointly tried, the
consolidated and joint trial has the effect of making the three If leave of court is granted, the accused shall file the
accused co-accused or joint defendants. There having been a demurrer to evidence within a non-extendible period of ten
consolidation of the three cases, the several actions lost their (10) days from notice. The prosecution may oppose the
separate identities and became a single action in which a demurrer to evidence within a similar period from its
single punishment is rendered (People vs Sandiganbayan, 275 receipt.
SCRA 505).
The order denying the motion for leave of court to file
demurrer to evidence or the demurrer itself shall not be
reviewable by appeal or by certiorari before judgment. **

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A. He must ORALLY move for leave of court to file a
Ǫ. What is demurrer to evidence? demurrer to evidence.
A. It is an objection by one of the parties in an action, to the
Ǫ. 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.
Ǫ. When do you file a demurrer to evidence?
A. The demurrer to evidence must be filed within a Ǫ. 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)
Ǫ. If the motion for leave of court is granted, what must
NOTE: MTQ – filed before arraignment, as a rule MTD the accused do?
based on Sec. 9, Rule 119 – filed before trial M for ST A. He must file the demurrer to evidence within a non-
– filed before trial M for D as SW – filed before extendible period of 10 days. Note that “motion for leave of
prosecution rests its case DTE with LOC – filed within a 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 Ǫ. If the motion for leave of court is denied, what must the
accused do?
Ǫ. 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.
Ǫ. If the accused wants to preserve his right to
present evidence but he wants to file a demurrer to Ǫ. 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”?
160
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REMEDIAL LAW
A. Yes be disturbed even by the appellate court unless there
is grave abuse of discretion amounting to lack or
Ǫ. What if the demurrer to evidence which was directly excess of jurisdiction. It is an interlocutory order and
filed was granted, what will happen to the case? cannot be the subject of appeal (Alarilla vs.
A. The court shall dismiss the case Sandiganbayan, 338 SCRA 485). The rule is that
Ǫ. Does it have the effect of acquittal that would certiorari does not lie to review a trial court’s
entitle the accused to claim double jeopardy? interlocutory order denying a demurrer to evidence
A. Yes (Ong vs. People, 342 SCRA 372) (Ong vs People, 342 SCRA 372). Although there may
be an error of judgment in denying the demurrer to
Ǫ. What if the demurrer to evidence which was directly evidence, this cannot be considered as grave abuse of
filed was denied or filed without leave of court, what will discretion correctible by certiorari (Resoso vs
happen to the accused? Sandiganbayan, 319 SCRA 238).
A. His right to present evidence is waived (Bernardo vs CA, 278
SCRA 782). Hence, the court should render judgment based on Ǫ. What evidence shall be considered by the court in
the evidence of the prosecution. demurrer?
A. A demurrer to evidence must be resolved on the basis of the
Ǫ. What is the purpose of this rule, i.e., that the evidence for the prosecution (Sec. 23, Rule 119 of the ROC).
accused right to present evidence is deemed The court must pass upon the sufficiency of the evidence
waived? of the prosecution.
A. To avoid the dilatory practice of filing motions for
dismissal as a demurrer to the evidence and, after SALAZAR vs PEOPLE
denial thereof, the defense would then claim the right
to present evidence (People vs Tolentino, 546 SCRA
671).
Ǫ. Can an accused appeal the denial of his demurrer

to evidence?
A. No. The denial of the demurrer to evidence cannot

Crime/s:
Facts:
Issue:
W/N The decision of the RTC is proper pertaining to the
Civil aspect of the case.
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REMEDIAL LAW
Ǫ. Can the prosecution file a motion for new trial?
Ruling:
A. No.Only the accused.
No, If demurrer is granted and the accused is
acquitted by the court, the accused has the right to NOTE: Motion to Exclude the public – may be made by
adduce evidence on the civil aspect of the case , unless
the court also declares that the act or omission from
the court and upon motion of the accused only Motion
which the civil liability may arise did not exist. If the for Re-Opening of the case – may be made by the
trial 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
prosecution Motion for New Trial – may be made by
acquitting him but also on the civil liability of the
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
Ǫ. 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 Ǫ. 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
Ǫ. 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. Ǫ. Is a judgment signed by the judge but
VIII, 1987 Constitution which states that “No decision shall be promulgated after his retirement valid?
rendered by any court without expressing therein clearly and A. No (People vs CA, 99 Phil. 789)
distinctly the facts and the law on which it is based”.
Ǫ. Is it required that the judge who heard the case
Ǫ: 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 full- Ǫ. Is a judgment written entirely in Pilipino valid?
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)
Ǫ. What is the effect if the judge fails to render the
1. jurisdiction over Subject Matter;
decision 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 has been reserved or waived.
of 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
Ǫ. 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 Ǫ: 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
Ǫ. 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 Ǫ: 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 Ǫ. 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
Ǫ. 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). Ǫ. At what stage of the criminal proceeding
can the identity of the accused be
Ǫ. 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).
Ǫ. Must the judgment of conviction include the civil liability NOTE: But while positive identification by a
or damages to be recovered from the accused? witness is required by law to convict an
A. The judgment of conviction must state the civil liability accused, it need not always be by means of
or damages to be recovered from the accused by the a physical courtroom identification (People vs
offended party, if there is any, unless the enforcement of Quezada, 425 Phil. 877). Physical courtroom
the civil liability by a separate civil action has been reserved identification is essential only when there is
or waived (Sec. 2, Rule 120 of the ROC). question or doubt on whether the one
alleged to have committed the crime is the
NOTE: The court should prescribe the correct penalties in strict same person charged in the information (People
observance of the RPC. Otherwise, the penalty prescribed is vs Mapalo, G.R. 172608, Feb. 6, 2007).
invalid, and will not attain finality.
(ii) proof of the elements of the crime;
Ǫ. What are the important facts that must be proven by the
prosecution? (iii)proof of degree of culpability, i.e., whether as principal,
A. (i) proof of commission of the crime and its author; accomplice or accessory
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Ǫ. 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
Ǫ. Is the prosecution required to prove the to prove the guilt of the accused or merely failed to prove
minority of the rape victim even if the the guilt of the accused beyond reasonable doubt,
accused does not deny it? extinguishes the liability of the accused for damages only
A. Yes (People vs Galas, 354 SCRA 722). when it includes a declaration that the facts from which the
civil liability might arise did not exist.
Ǫ. What if the minority is admitted by the
defense counsel? Ǫ. Does a judgment of acquittal based on reasonable
A. The age of the minor rape-victim must still doubt 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 Guzman vs Alvia, 96 Phil. 558).
a bar to conviction of rape in its qualified
form (People vs Vargas, 257 SCRA 603). Ǫ. 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
Ǫ. What should a judgment of acquittal contain?
SCRA 72).
Ǫ. 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
(b) acquittal based on reasonable doubt on the guilt of the a kind of monetary restitution or compensation to
accused – the effect is the accused is not exempt from civil the victim for the damage or infraction that was
liability which may be proved by preponderance of evidence done to the latter by the accused, which in a sense
only covers the civil aspect (apart from actual damages)
Ǫ. 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
but only moral certainty (People vs Uy, 338 SCRA 232) of grants not punitive or corrective in nature,
calculated to compensate the claimant for the injury
A: Reasonable doubt is that which after full consideration suffered and
of all evidence leaves the mind of the judge in such a
condition that he cannot say that he feels an abiding 3. Exemplary Damages- known as “punitive” or
conviction, to a moral certainty of the truth of the charge. “vindictive” damages, intended to serve as a deterrent
to serious wrong doings and as a vindication of undue
Ǫ. Is an Affidavit of Desistance by itself a ground for the suffering and wanton invasion of the rights of an
dismissal of the criminal case after the institution of the injured person or a punishment for those guilty of
action? outrageous conduct.
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, Ǫ. 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).
Ǫ. When two or more offenses are charged in a single Ǫ. 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
the complaint/information also charges estafa, the accused speak of duplicitous offenses in a single complaint or
can be convicted of both BP 22 and estafa information where you can ask for the quashal/dismissal of
the same.
Ǫ. Where the information charges only one offense but
several offenses were proven during the trial, can the The difference lies in that
accused be convicted of the offenses proven during the under Sec. 3, Rule 120 of the ROC, you can file the MTQ/MTD
trial? before trial
A. No (People vs del Mundo, 356 SCRA 45). but under Sec. 3, Rule 117 of the ROC, you can file the
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
22, the accused can be convicted only of BP 22 Section 4. Judgment in case of variance between allegation
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
Variance Doctrine MURDER.
A: When there is a variance between the offense charged in
Ǫ. When is an offense charged included in the offense
the C/I and that proved, and the offense as charged is
proved?
included or necessarily includes the offense proved, the
A. An offense charged is necessarily included in the offense
accused shall be convicted of the offense proved which is
proved, when the essential ingredients of the offense charged
included in the offense proved.
constitute or form part of those constituting the offense
proved.
Section 5. When an offense includes or is included in another.
Ǫ. 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
A. Yes (People vs Laguerta, 344 SCRA 453)
information, constitute the latter. And an offense charged
is necessarily included in the offense proved, when the Ǫ. Accused was charged with serious illegal detention, can
essential ingredients of the former constitute or form a he be convicted of the crime of grave coercion which was
part of those constituting the latter. (5a) the offense proven during the trial?
A. Yes (People vs Villamar, 298 SCRA 398).
Ǫ. When does an offense charged include the offense
proved? Ǫ. 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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REMEDIAL LAW
Ǫ. 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
only be filed and resolved by the appellate court.
mortal 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
included in Homicide as latter involves the death of the accused personally or through his bondsman or warden
victim, and counsel, requiring him to be present at the
8. Rape is not included un Qualified Seduction; promulgation of the decision. If the accused tried in
9. Consented Abduction is not included in Seduction. absentia because he jumped bail or escaped from prison,
the notice to him shall be served at his last known
address.
Section 6. Promulgation of judgment. — The judgment is In case the accused fails to appear at the scheduled date of
promulgated by reading it in the presence of the accused promulgation of judgment despite notice, the promulgation
and any judge of the court in which it was rendered. shall be made by recording the judgment in the criminal
However, if the conviction is for a light offense, the docket and serving him a copy thereof at his last known
judgment may be pronounced in the presence of his address or thru his counsel.

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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 validly terminate.
fifteen
(15) days from promulgation of judgment, however, the NOTE: The judgment must be read in its entirety. The mere
accused may surrender and file a motion for leave of court reading of the dispositive portion is not sufficient.
to avail of these remedies. He shall state the reasons for
Ǫ. Distinguish promulgation from rendition of judgment?
his absence at the scheduled promulgation and if he
A. P – is the reading of the judgment in the presence of the
proves that his absence was for a justifiable cause, he
accused and the judge of the court in which it was rendered
shall be allowed to avail of said remedies within fifteen
(15) days 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
judgment (Echaus vs CA, G.R. 57343, July 23, 1990)
Ǫ. What is promulgation of judgment?
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
presence of the accused and any judge of the court in which it upon the parties or their counsel (Sec. 9, Rule 51 of the ROC). On
was rendered (Sec. 6, Rule 120 of the ROC). the other hand, the judgment is rendered by the members of
the court who participated in the deliberation on the merits of
Ǫ: What are the rules on the validity of promulgation of the case before its assignment to a member for the writing of
Judgment? (PIE) the decision (Sec. 9, Rule 51 of the ROC).
A:
Ǫ. Is presence of the accused at the promulgation
(i) Judgment must have been rendered in the Proper form, not
mandatory?
merely orally promulgated.
A. Yes. The presence in person of the accused at the
promulgation is mandatory in all cases except
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REMEDIAL LAW
(a) where the conviction is for a light offense, in which A. The judgment can no longer be validly promulgated
case the accused may appear through counsel or (Jandayan vs Ruiz, G.R. 37471, Jan. 25, 1980)
representative (Sec. 6, Rule 120 of the ROC);
(b)where the judgment is for acquittal, in which case the Ǫ. 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
SCRA 197); ( scheduled promulgation despite notice, the promulgation shall
c) where the accused was tried in absentia, in which case be made by recording the judgment in the criminal docket and
notice of promulgation of judgment is sufficient. serving him a copy thereof at his last known address or
through his counsel (Sec. 6, Rule 120 of the ROC) and if the
Ǫ. Does absence of accused’s counsel during the judgment is for conviction and the accused’s failure to
promulgation violative of the right of the accused to appear was without justifiable cause, the court shall further
counsel and affect the validity of the promulgation? order the arrest of the accused (Pascua vs CA, 348 SCRA 197).
A. No (Pascua vs CA, 348 SCRA 197).
Ǫ: Essential elements of promulgation in absentia (Must be
Ǫ. 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 address or to his counsel
city, the judgment may be promulgated by the clerk of court;
Ǫ. 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
Ǫ. 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
Ǫ. What are the remedies available to the accused in case
of conviction? (ix) he may apply for modification of judgment under Sec.
A. (i) he can file a motion for reopening of the case at anytime 7, Rule 120 of the ROC (ACCDG. TO MACLAW)
before finality of the judgment of conviction (Sec. 24, Rule 119
of the ROC) NOTE: The term surrender used in the rule visibly
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 perfected. Except where the death penalty is imposed, a
15 days from promulgation of judgment (Sec. 1, Rule 122 of judgment becomes final after the lapse of the period for
the 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
has waived in writing his right to appeal, or has applied for
45 of the ROC before the Supreme Court on pure question of
probation. (7a)
law
Ǫ. Can a judgment of conviction be modified?
(vi) he may file a petition to be admitted to bail during
A. Yes (Sec. 7, Rule 120 of the ROC)
the pendency of his appeal except when convicted of an
offense punishable by death, reclusion perpetua or life
imprisonment
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Ǫ. 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 Ǫ. When can a judgment of conviction be not modified?

JUDGMENT
No new hearings or Irregularities are expunged A. When the judgment of conviction becomes final or when
proceedings of any kind or from the record and/ or new appeal is perfected (Sec. 7, Rule 120 of the ROC)
change in the record or evidence is introduced.
evidence. Ǫ. When is an appeal perfected?
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)
Ǫ. When does a judgment become final?

Ǫ. 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
Ǫ. When can judgment of conviction be modified? (ii) when the accused partially or totally satisfied or served
A. It can be modified before it becomes final or before appeal. the sentence
Ǫ. Who can move for the modification of judgment? (iii) when the accused has waived in writing his right to appeal
A. (i) the accused
– by filing a motion to reopen the case (Sec. 24, Rule 119 of (iv) when the accused has applied for probation (Sec. 7, Rule
the ROC) 120 of the ROC)
- by filing a motion for new trial or reconsideration (Sec. 1,

174
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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 Ǫ: 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:
the laws governing suspension of sentence, probation or (i) Those sentenced to serve a max term of imprisonment
parole. (9a) of more than 6 years
(ii) Those accused that were charged of subversion or
any crime against national security
(iii) Those previously convicted by final judgment of an
GR- No application for probation shall be entertained or
offense punished by imprisonment of more than 6 mos and 1
granted if the defendant has perfected the appeal from the day and/ 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
reconsideration. (1a)
apply

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and render a judgment anew on the ground or errors of law or
Ǫ. 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 Ǫ. 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
Ǫ. 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
Ǫ. 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
Ǫ. Can the prosecution file a motion for new trial or
the judgment and prevent the failure of justice”.
reconsideration of a judgment of conviction?
A. No because it will place the accused in double jeopardy.
Ǫ. Distinguish motion for new trial from reopening of trial?
A. NT/R – it may only be filed by the accused or motu propio Ǫ. 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
Ǫ. 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
Ǫ. 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 Ǫ. 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
(a) The errors of law or irregularities prejudicial to the produced at the trial even with the exercise of reasonable
diligence; and
substantial rights of the accused have been committed
during the trial; (iii) the evidence is material, not merely cumulative,
(b) The new and material evidence has been discovered corroborative, or impeaching, and of such weight that, if
which the accused could not with reasonable diligence admitted, could probably change the judgment (People vs
have discovered and produced at the trial and which if Ebias, 342 SCRA 675)
introduced and admitted would probably change the
NOTE: These standards are also known as the Berry Rule.
judgment. (2a)
Ǫ. State whether new trial is proper in the following facts.
Ǫ: 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
rights of the accused have been committed during the trial; or (ii) if the accused was a deaf-mute, mental retardate with
low IQ and was tried without the benefit of a sign language
2. New and Material evidence has been discovered which the expert (People vs Pazaro, 310 SCRA 146) – proper
accused could not with reasonable diligence have discovered
after tral and produced at the trial and which if introduced (iii) ignorance, inexperience and incompetence of counsel
and admitted would probably change the judgment. (People vs Villanueva, 339 SCRA 482) – improper
(iv) execution of affidavit of recantation as ground of

newly discovered evidence (People vs Dalabajan, 290
177
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SCRA 696) – improper;
GR: a motion for new trial will not be granted if based on an EFFECT
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
investigation of truth at the mercy of the unscrupulous prove the guilt of the
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.
Ǫ: What is recantation?
(3a)
A: It is the public and formal withdrawal of a witness of his
prior statement. Ǫ. 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
is rendered but is rendered but have rested their supported by affidavits of witnesses by whom such
before the finality before finality case even before evidence is expected to be given or by duly authenticated
judgment is copies of documents which are proposed to be introduced
rendered, but in evidence. Notice of the motion for new trial or
before finality of reconsideration shall be given to the prosecutor. (4a)
judgment
Ǫ: What are the requisites for a Motion for NT or
AS TO HOW MADE
Reconsideration?
By motion of the By motion of the By motion of A: i. Notice of the motion for NT or reconsideration shall be
accused or by the accused or by either party, or by given to the fiscal;
court motu proprio the court motu the court motu
but with the proprio but with proprio. ii.In Writing
consent of the the consent of
accused. the accused. iii.Filed with the court; and
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 1
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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 aside and taken anew. The court may, in the interest of
court may hear evidence thereon by affidavits or otherwise. justice, allow the introduction of additional evidence.
(5a)
(b) When a new trial is granted on the ground of
Ǫ. If a motion for new trial or reconsideration is filed, is a newly-discovered evidence, the evidence already adduced
hearing necessary? shall stand and the newly-discovered and such other
A. Yes evidence as the court may, in the interest of justice, allow
to be introduced shall be taken and considered together
Ǫ. Is the hearing contemplated under this section for
with the evidence already in the record.
purposes of receiving the alleged newly discovered
evidence? (c) In all cases, when the court grants new trial or
A. No. reconsideration, the original judgment shall be set aside or
vacated and a new judgment rendered accordingly. (6a)
NOTE: The grant of new trial or taking of additional evidence
rests upon the sound discretion of the court (People vs NOTE: Once a new trial is granted, the original judgment is
Halasan, 20 SCAR 701). vacated. The mere grant of the motion for new trial operates
to vacate the original judgment. The effect of granting a new
Purpose of the Hearing
trial is not to acquit the accused of the crime of which the
To determine whether the NT requested should be granted or
judgment finds him guilty but to set aside the judgment so
not. It is not the NT proper wherein the newly discovered
that the case be trial de novo (Obugan vs People, 244
evidence, for example, will be received by the court.
SCRA 263).
Ǫ. What is the remedy against an order denying a motion

Section 6. Effects of granting a new trial or reconsideration. for new trial or reconsideration?
— The effects of granting a new trial or reconsideration A. The remedy against an order denying a motion for new trial
are the following:
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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 Ǫ. 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) Ǫ. Is there any exception?
Ǫ. 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).
Ǫ. Who will file the appeal?
Ǫ. Can the right to appeal be waived?
A. Yes. It can be waived (People vs Flore, G.R. 170565, A. OSG. Only the OSG may represent the People of the
January 31, 2006). Philippines on appeal (Soriano vs
Ǫ. What are the effects of appeal? Angeles, 339 SCRA 366)
A. (i) it stays the execution of the judgment;

Section 2. Where to appeal. — The appeal may be taken as
follows:
18
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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. 00-
5-03-SC, [September 28, 2004])
(c)To the Supreme Court, in cases decided by the Court of
Appeals. (1a)
Section 3. How appeal taken. —(a) The appeal to the Ǫ. 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 Ǫ. 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.
Ǫ. 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 Ǫ. 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
reconsideration, he should serve a copy to the offended notwithstanding failure to give such notice if the interests
party himself if he is not represented by a private counsel. of justice so require. (5a)
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
Section 4. Publication of notice of appeal. — If personal from the time a motion for new trial or reconsideration is
service of the copy of the notice of appeal can not be made filed until notice of the order overruling the motion shall
upon the adverse party or his counsel, service may be done have been served upon the accused or his counsel at which
by registered mail or by substituted service pursuant to time the balance of the period begins to run. (6a)
sections 7 and 8 of Rule 13. (4a)
Ǫ. What are the modes of service of notice of appeal? A. (i)

personal service (Sec. 3, Rule 13 of the ROC) Ǫ. What is the period for perfecting an appeal?
(ii) service by mail (Sec. 7, Rule 13 of the ROC) (iii) A. see Sec. 6, Rule 122 of the ROC
substituted service (Sec. 8, Rule 13 of the ROC)
Ǫ. When is an appeal deemed perfected?
Ǫ. 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)
Ǫ. What is the fresh period rule?

Section 5. Waiver of notice. — The appellee may waive his
right to a notice that an appeal has been taken. The A. Under Sec. 6, Rule 122 – the period of appeal shall be
appellate court may, in its discretion, entertain an appeal interrupted by the timely filing of a motion for new trial or
reconsideration until notice of the order overruling the

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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 EǪUALLY APPLY TO THE PERIOD OF of appeal, the clerk of the court with whom the notice
APPEAL TO CRIMINAL CASES (Yu vs Samson-Tatad, G.R. of appeal was filed must transmit to the clerk of court of
170979, February 9, 2011). the appellate court the complete record of the case,
together with said notice. The original and three copies
Section 7. Transcribing and filing notes of stenographic
of the transcript of stenographic notes, together with the
reporter upon appeal. — When notice of appeal is filed by
records, shall also be transmitted to the clerk of the
the accused, the trial court shall direct the stenographic
appellate court without undue delay. The other copy of the
reporter to transcribe his notes of the proceedings. When
transcript shall remain in the lower court. (8a)
filed by the People of the Philippines, the trial court
shall direct the stenographic reporter to transcribe such Section 9. Appeal to the Regional Trial Courts. —
portion of his notes of the proceedings as the court, upon
motion, shall specify in writing. The stenographic (a)Within five (5) days from perfection of the appeal, the
reporter shall certify to the correctness of the notes and clerk of court shall transmit the original record to the
the transcript thereof, which shall consist of the original appropriate Regional Trial Court.
and four copies, and shall file the original and four copies
(b) Upon receipt of the complete record of the case,
with the clerk 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)
Ǫ. 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
Court of Appeals for automatic review and judgment within XPN – if is favorable to the accused who did not appeal
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 perfection of the appeal, the Regional Trial Court,
by 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
(a) An appeal taken by one or more of several accused of court to the proper appellate court as provided in section
shall not affect those who did not appeal, except insofar as 8, in which case the judgment shall become final. The
the judgment of the appellate court is favorable and Regional Trial Court may also, in its discretion, allow the
applicable to the latter; appellant from the judgment of a Metropolitan Trial Court,
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 Ǫ. Define search warrant.
case shall be remanded to the latter court for execution of
the judgment. (12a) A. see Sec. 1, Rule 126 of the ROC
Section 13. Appointment of counsel de oficio for accused Ǫ. What is the nature of search warrant?
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 the appellant, if confined in prison, whether he of public necessity (WWC vs People, G.R. 161106, Jan. 13,
2014).
desires the Regional Trial Court, Court of Appeals or the
Supreme Court to appoint a counsel de oficio to defend Ǫ. Is evidence obtained on the occasion of an unreasonable
him and to transmit with the record on a form to be search and seizure admissible?
prepared by the clerk of court of the appellate court, a
certificate of compliance with this duty and of the A. No. It should be excluded for being the proverbial fruit
response of the appellant to his inquiry. (13a) of a poisonous tree (People vs Valdez, 341 SCRA 25) .
Ǫ. 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 (ii) seizure of evidence in plain view (People vs Sanlanguit,
an order in writing issued in the name of the People of
356 SCRA 690) (iii) search of a moving vehicle (Asuncion
the Philippines, signed by a judge and directed to a vs CA, 302 SCRA 490)
peace 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
(vii) exigent and emergency circumstances (People vs de la application shall only be made in the court where the
Gracia, 233 SCAR 716) criminal action is pending. (n)
(viii) search made pursuant to routine airport security Ǫ. Where shall the application for search warrant be filed?
procedure authorized under Sec. 9 of RA 6235 (Pepole A. see Sec. 2, Rule 126 of the ROC
vs Macalaba, G.R. 146284, Jan 20, 2003) NOTE: An application for a search warrant is a ‘special
criminal process’ rather than a criminal
NOTE: In the above instances, the essential requisite of
probable cause must still be satisfied before a warrantless action (Malaloan vs CA, G.R. 104879, May 6, 1994). It has
search and seizure can be lawfully conducted (People vs been ruled that a search warrant is merely a process issued
Aruta, 288 SCRA 626) by the court in the exercise of its ancillary jurisdiction and
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
be filed. — An application for search warrant shall be filed Ǫ. Does an application for search warrant require the
with the following: conformity of the prosecutor? A. No (WCC vs People,
161106, Jan, 13, 2014) .
a) Any court within whose territorial jurisdiction a crime
was committed. Ǫ. Can a search warrant be quashed just like a complaint
or information? A. Yes
b) For compelling reasons stated in the application, any
court within the judicial region where the crime was Ǫ. Who has the power to quash a search warrant?
committed if the place of the commission of the crime is
known, or any court within the judicial region where the A. The judge who issued the warrant if he finds upon
warrant shall be enforced. reevaluation of the evidence that no probable cause exists

187
18
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(Skechers U.S.A. Inc. vs Pacific Industrial Trading Corp., G.R. Ǫ. Is a search warrant with a directive “to seize and take
164321, Nov. 30, 2006).
possession of other properties relative to such violation”
valid?
Ǫ. 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).
Ǫ. Can the presumption of regularity in the performance of
Section 3. Personal property to be seized. — A search official duty be invoked by the searching officers?
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
(a) Subject of the offense; vs Cruz, 231 SCRA 759).
(b) Stolen or embezzled and other proceeds, or fruits of Ǫ. How is the personal property seized disposed? A. If a
the offense; or criminal action has been filed:
(c) Used or intended to be used as the means of (i)if the personal property seized is found to be contraband
committing an offense. (2a) – they will not be returned but shall be confiscated in favor
of the state OR destroyed, as the case may be
Ǫ. Is a search warrant limited to personal properties?
(ii) if not contraband – the property seized shall be
A. Yes. Only personal properties particularly described in returned without any delay to the person who appears to
the warrant should be seized. be the owner or rightful possessor (Senson vs Pangilinan,
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
Ǫ. What are the requirements for issuing a search warrant?
whom it had been seized A. (i) the warrant must be issued upon probable cause
Ǫ. What is a contraband? (ii) the probable cause must be determined by the judge
himself and not by the applicant or any other person
A. They are articles the possession of which constitutes a
crime. (iii) the judge must examine, under oath or affirmation,
the complainant and such witnesses as the latter may
NOTE: The article could not be permitted to stay in a produce
perpetual state of custody
(iv) the warrant issued must particularly described the
legis. place to be searched and persons or things to be seized
Ǫ. If the medicines or drugs are genuine but they were (Nala vs Barroso, G.R. 153087, August 7, 2003)
seized for lack of permit or authority from the appropriate
government agency, should it be returned? (v) the applicant and the witnesses must testify on the
facts personally known to them (Sec. 5, Rule 126 of the
A. No (People vs Estrada, 334 SCRA 369) . ROC)
NOTE: Absence of any of these requisites will cause the

Section 4. Requisites for issuing search warrant. — A downright nullification of the search warrant
search warrant shall not issue except upon probable
cause in connection with one specific offense to be (People vs Francisco, 387 SCRA 569).
determined personally by the judge after examination
NOTE: Non-compliance by the judge with the requirements
under oath or affirmation of the complainant and the
for issuing a search warrant constitutes grave abuse of
witnesses he may produce, and particularly describing
discretion (Marcelo vs de Guzman, 114 SCRA 657).
the place to be searched and the things to be seized
which may be anywhere in the Philippines. (3a) Ǫ. What is probable cause?
A. Probable cause is defined as such facts and

1
circumstances which would lead a reasonably discreet
and
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REMEDIAL LAW
prudent man to believe that an offense has been
committed and that the objects sought in connection with A. No (People vs Francisco, 387 SCRA 569).
the offense are in a place sought to be searched (Nala vs
Ǫ. If a search warrant failed to state the first name of the
Barroso, G.R. 153087, August 7, 2003)
accused, is it valid?
Ǫ. 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
A. No because it is violative of Sec. 4, Rule 126 of the ROC Barroso, G.R. 153087, August 7, 2003).
(Asian Surety & Insurance Co vs Herrera, 54 SCRA 312).
Ǫ. The search warrant states ‘unlicensed firearms of various
Ǫ. If a search warrant was issued for illegal possession of calibers and ammunitions for the said firearms’, is it valid?
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?
Ǫ. When does a warrant particularly describe the person or
A. Yes (People vs Dichoso, 223 SCRA 174).
thing to be seized?
Ǫ. 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 -
Ǫ. If a search warrant was issued at #122 M. Hizon St., not of law
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)
1
REMEDIAL LAW
NOTE: The law does not require that the things to be seized
must be described in precise and minute detail as to leave
Ǫ. 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
Ǫ. What is the effect if the warrant is partly void? 126 of the ROC
A. It cannot be invalidated in toto (People vs Salanguit, 356 NOTE: The examination must be probing and exhaustive,
SCRA 690). not merely routinary or pro forma. The judge must not
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
Section 5. Examination of complainant; record. — The sufficient (Uy vs BIR, 344 SCRA 36). The examining judge
judge must, before issuing the warrant, personally has to take depositions in writing of the complainant and
examine in the form of searching questions and answers, in the witnesses he may produce and attach them to the
writing and under oath, the complainant and the witnesses record.
he may produce on facts personally known to them and
attach to the record their sworn statements, together NOTE: The witness in turn must testify under oath to facts
with the affidavits submitted. (4a) of his own personal knowledge (Uy vs BIR, 344 SCRA 36).
Section 6. Issuance and form of search warrant. — If the Ǫ. What is the effect if the judge fails to comply with Sec.
judge is satisfied of the existence of facts upon which the 5?
application is based or that there is probable cause to
believe that they exist, he shall issue the warrant, which A. It is a ground for quashing the warrant. But where the
must be substantially in the form prescribed by these petitioner did not file a motion to quash the information
Rules. (5a) before the trial court nor did he object to the presentation
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).
19
REMEDIAL LAW
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 shall be valid for ten (10) days from its date. Thereafter it
or any part of a house or anything therein to execute shall be void. (9a)
the warrant or liberate himself or any person lawfully
aiding him when unlawfully detained therein. (6) Ǫ. Can a search be made every day for 10 days for a
different purpose each day and after the articles have been
Ǫ. 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
“notice” and “demand” is refused entry to the place of officer seizing property under the warrant must give a
directed search. detailed receipt for the same to the lawful occupant of the
premises in whose presence the search and seizure were
Section 8. Search of house, room, or premise to be made in made, or in the absence of such occupant, must, in the
presence of two witnesses. — No search of a house, room, presence of at least two witnesses of sufficient age and
or any other premise shall be made except in the presence discretion residing in the same locality, leave a receipt in
of the lawful occupant thereof or any member of his family the place in which he 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 thereof duly verified under oath.
place ordered to be searched, in which case a direction
may be
19
REMEDIAL LAW
Ǫ. What is the rule on search incidental to a lawful arrest?
(b)Ten (10) days after issuance of the search warrant, the
issuing judge shall ascertain if the return has been made,
and if none, shall summon the person to whom the warrant Ǫ. 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
Ǫ. 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.
(c) The return on the search warrant shall be filed and A. No. It includes search within reach or control of the
kept by the custodian of the log book on search warrants person arrested, or that which may furnish him with the
who shall enter therein the date of the return, the means of committing violence or escaping (People vs Lua,
result, and other actions of the judge. 256 SCRA 539). In other words, it extends to the area or
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
Ǫ. 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 Ǫ. 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)
19
REMEDIAL LAW
A. No because the search and seizure was not conducted at
the place where the lawful arrest was made. MTS evidence are alternative and not cumulative (People cs
CA, 291 SCRA 400).
Section 14. Motion to quash a search warrant or to Ǫ. What are the requisites of a valid waiver of the right
suppress evidence; where to file. — A motion to quash a against unreasonable search and seizure?
search warrant and/or to suppress evidence obtained A. (i) the right to be waived existed
thereby may be filed in and acted upon only by the
(ii) the person waiving it had knowledge, actual or
court where the action has been instituted. If no criminal
constructive, thereof
action has been instituted, the motion may be filed in
and resolved by the court that issued the search
(iii) he had an actual intention to relinquish such right
warrant. However, if such court failed to resolve the
motion and a criminal case is subsequent filed in Ǫ. What are the remedies against an invalid warrant?
another court, the motion shall be resolved by the latter A. (i) MTQ the search warrant (Sec. 14, Rule 126 of the ROC)
court. (n)
(ii) MTS evidence obtained by virtue thereof (Ibid)
Ǫ. Differentiate MTǪ 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 Ǫ. Is a MTǪ 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).
Ǫ. Are MTǪ & 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
19

07 Remedial Law Criminal Procedure

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REMEDIAL LAW

Nulla, Julie Ann A.顏金璇 Lectured by: Aty. Lioneff

Nulla, Julie Ann A.顏金璇 Lectured by: Aty. Lioneff

Nulla, Julie Ann A.顏金璇 Lectured by: Aty. Lioneff

Nulla, Julie Ann A.顏金璇 Lectured by: Aty. Lioneff

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

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

Nulla, Julie Ann A.顏金璇 Lectured by: Aty. Lioneff

This Rule shall not apply to a civil case where the

Sec. 2. Determination of applicability. — Upon the ﬁling

II. Civil Cases

B. Veriﬁcations. — All pleadings shall be veriﬁed.

Sec. 5. Answer. — Within ten (10) days from service of

Sec. 6. Effect of failure to answer. — Should the

Sec. 7. Preliminary conference; appearance of parties. —

The failure of the plaintiff to appear in the preliminary

If a sole defendant shall fail to appear, the plaintiff shall

Sec. 8. Record of preliminary conference. — Within ﬁve

(a) Whether the parties have arrived at an amicable

(b) The stipulations or admissions entered into by the

(c) Whether, on the basis of the pleadings and the

(d) A clear speciﬁcation of material facts which remain

(e) Such other matters intended to expedite the

Sec. 9. Submission of afﬁdavits and position papers. —

Sec. 10. Rendition of judgment. — Within thirty (30)

However should the court ﬁnd it necessary to clarify

III. Criminal Cases

The complaint or information shall be accompanied by

Sec. 12. Duty of court. —

(b) If commenced by information. — When the case is

Nulla, Julie Ann A.顏金璇 Lectured by: Aty. Lioneff

Sec. 13. Arraignment and trial. — Should the court,

If the accused is in custody for the crime charged, he

Sec. 14. Preliminary conference. — Before conducting

Sec. 15. Procedure of trial. — At the trial, the afﬁdavits

Except in rebuttal or surrebuttal, no witness shall be

However, should a party desire to present additional

Sec. 16. Arrest of accused. — The court shall not order

Nulla, Julie Ann A.顏金璇 Lectured by: Aty. Lioneff

the court shall promulgate the judgment not later than

IV. COMMON PROVISIONS

Sec. 19. Prohibited pleadings and motions. — The

(a) Motion to dismiss the complaint or to quash the

(b) Motion for a bill of particulars;

(c) Motion for new trial, or for reconsideration of a

(d) Petition for relief from judgment;

(k) Third party complaints;

Nulla, Julie Ann A.顏金璇 Lectured by: Aty. Lioneff

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

Nulla, Julie Ann A.顏金璇 Lectured by: Aty. Lioneff

sangguniang panlalawigan, and provincial treasurers,

"(b) City mayors, vice-mayors, members of the

"(c) Ofﬁcials of the diplomatic service occupying the

"(d) Philippine army and air force colonels, naval

"(e) Ofﬁcers of the Philippine National Police while

"(f) City and provincial prosecutors and their assistants,

"(g) Presidents, directors or trustees, or managers of

"(2) Members of Congress and ofﬁcials thereof classiﬁed

Nulla, Julie Ann A.顏金璇 Lectured by: Aty. Lioneff

"(4) Chairmen and members of the Constitutional

"(5) All other national and local ofﬁcials classiﬁed as

"b. Other offenses or felonies whether simple or

"c. Civil and criminal cases ﬁled pursuant to and in