KING’S COLLEGE OF THE PHILIPPINES

College of Criminal Justice Education

MODULE
SUBJECT: CLJ6 (CRIMINAL PROCEDURE and COURT TESTIMONY)

I. COVERAGE OF THE SUBJECT

II. PARTICULAR TOPICS

III. DISCUSSIONS, EXPLANATIONS and SUPREME COURT TEACHINGS

and JURISPRUDENCE

IV. ACTIVITIES and ASSESSMENT

A. PARTICULAR TOPICS
B. READING OF THE PROVISIONS OF THE PERTINENT RULES ON
CRIMINAL PROCEDURE and TESTIMONIAL EVIDENCE
C. UNDERSTANDING OF THE PROVISIONS OF THE PERTINENT
RULES OF COURT and OTHER
PROCEDURAL RULES
D.APPLICATION OF THE PROVISIONS OF THE RULES IN CASE
PROBLEMS OR SCENARIOS
CRIMINALPROCEDUREandCOURTTESTIMONY

I. Reference Materials or Sources of the Topics:

A. The RULES OF COURT
-a) Rule 110 to Rule 127 -criminal procedure
-b) Rule 130 to Rule 134 -rules on evidence particularly
the rules on testimonial evidence
B. Supreme Court Resolutions, Issuances or Circulars
-Revised Rules on Summary Procedure
-OCA Circular No. 101-2017 -Revised Guidelines for Continuous
Trial of Criminal Cases
-OCA Circular No. 119-2021 –the use of video conferencing
-A.M. No. 12-8-8-SC -Rule on Judicial Affidavit
-SC AM No. 18-03-16 -Plea Bargaining Framework in Drugs
Cases
 C. Philippine Constitution
-Bill of rights -Article III
-creation of the Supreme Court and lower courts -Article VIII
D. Statutes -Batas Pambansa Bilang 129 (Judiciary
Reorganization
Actof1980), as amended by RA No. 7691
E. Supreme Court decisions (jurisprudence)

II. Coverage for the First Grading Period or PRELIM: Rule 110
(PROSECUTIONOFOFFENSES)up to Rule 114 (BAIL)of the Revised Rules
on Criminal Procedure of the Rules of Court.

III. INSTRUCTIONS:
a. Read and understand the assigned specific provisions of the
rules and other pertinent procedural laws;
b. For better understanding, refer to some notes, discussions,
explanations and Supreme Court cases rulings or pronouncements
made available in this module;
c. Be able to correctly or properly apply the provisions of the
rules of court on criminal procedure in given case scenarios or case
problems. The same will be given later as an evaluation or
assessment of your participation in this study.

IV. TOPICS

A. PRELIMINARY MATTERS
*Kinds of court cases or actions filed in court:
1. CRIMINAL ACTION/CASE
-The state prosecutes a person for an act or omission
punishable by law or for committing a crime.
-The main complainant in a criminal action is the state or
the public in general. See sample of a criminal case
caption (portion):
Republic of the
Philippines FIRST
JUDICIAL REGION
REGIONAL TRIAL COURTS
BRANCH 8
La Trinidad, Benguet
The People of the Philippines,
Plaintiff/Complainant,Criminal Case No. xxxxxx
 -versus- For: MURDER
Juan dela Cruz,
Accused.
-Criminal cases are governed by the rules on criminal
procedure

2. CIVIL ACTION/CASE
-A party sues another for the enforcement of his right or
prevention of or redress a wrong.
-Examples:
a) ejectment case (withthepurposetoremove
a
personfromintrudingonhisproperty)
b) collection of sum of money (liketocollect unpaiddebts)
-Civil cases are governed by the rules on civil procedure

3. SPECIAL PROCEEDING CASES/ACTIONS

-Remedy of a party who seeks to establish a status or a
right or a particular act.
-Examples:
-Petition for the correction of entries in the
certificate of live birth
-Petition for Adoption (adoptionofachild)

B. CRIMINAL PROCEDURE
*CRIMINAL PROCEDURE defined.
-Method prescribed by the law for the apprehension and
prosecution of a person accused of a crime and for his
punishment in case of conviction (orreleaseincaseofacquittal). -
Procedural steps through which a criminal case passes
commencing with the investigation of a crime and concluding
with the verdict to convict or acquit the accused by the court.
 *CRIMINAL PROCEDURE versus CRIMINAL LAW
1. a remedial law (madeby 1. a substantive law (madeby
theSupremeCourt) theCongress)
-it provides procedures on -it declares or provides
how acts or omissions are what acts or omissions are
to be punished punishable
2. there is no vested right 2. there is vested right
-new rules or amending -new, amending or
rules may be made anytime repelling law may be applied
and may be applied to only when favorable to the
pending cases whether accused
favorable to the accused
C. UNIVERSALLYRECOGNIZEDSYSTEMSINCRIMINALPROCEDURE

1. INQUISITORIAL SYSTEM
-The prosecution of the crimes is wholly in the hands of the
prosecuting officer and the court.
-the presence of the accused before the magistrate or court is
not required.
-characterized by secrecy
-during the Spanish time in the Philippines

2. ACCUSATORIAL SYSTEM
-The prosecution is left in the hands of the prosecuting arms of
the government. The accused is informed of the accusation and
is given the opportunity to defend himself.
-There is a public trial, presumption of innocence and right to
appeal

3. MIXED SYSTEM
-Combination of the good features of the inquisitorial and
accusatorial systems.
-This is the one adopted in this country.
-Preliminary Investigation is a feature of inquisitorial system
while the right to be heard and defend in person or by counsel
are features of accusatorial system.

D. JURISDICTION and VENUE *JURISDICTION defined

-Derived from two Latin words: “JURIS” + ”DICO” (ISpeakby
theLaw)
 -Jurisdiction refers to the authority, power or capacity to
entertain, hear and determine controversies.
-it is conferred by law (orfixedbythelawandnotbythepartiesin
thelitigation)
-it is exercised by the court or tribunal

*REQUISITES OF JURISDICTION

1. THE OFFENSE IS ONE WHICH THE COURT IS BY LAW

AUTHORIZED TO TAKE ORGANIZATION OF. -JURISDICTION
OVER THE SUBJECT MATTER
-Example of crimes under the jurisdiction of a Regional Trial
Court are homicide, murder, rape and robbery with violence
-Example of crimes under the jurisdiction of a Municipal Trial
Court are unjust vexation, trespass to dwelling and violation of
municipal ordinances

2. THE OFFENSE MUST HAVE BEEN COMMITTED WITHIN ITS

TERRITORIAL JURISDICTION. -JURISDICTION OVER THE
TERRITORY
-Example: If the crime of murder was committed in La Trinidad,
Benguet, only Courts of Benguet has jurisdiction to hear and try
the case not the courts of Baguio City.

3. THE PERSON CHARGED WITH THE OFFENSE MUST HAVE BEEN

BROUGHT TO ITS PRESENCE FOR TRIAL BY WARRANT OF ARREST
OR BY VOLUNTARY SUBMISSION. -JURISDICTION OVER THE
PERSON OF THE ACCUSED
-So that no trial will proceed yet unless the accused is arrested
or voluntarily submits himself to the jurisdiction of the court.

*What about jurisdiction over continuing crimes?

-any place where essential ingredients or elements of the
offense took place (Section15ofRule110oftheRulesofCourt)
*Territorial jurisdiction, how determined? -by the allegations in
the complaint
-Example: If Miss Y who is a permanent resident of Baguio City
alleged in her complaint that she was sexually molested
somewhere in La Trinidad, Benguet by Mr. X who is also a
resident of Baguio City and who denies going to La Trinidad,
the court in La Trinidad has jurisdiction to hear the same.
 -Even if the court subsequently dismisses the case upon proof
that the crime was committed outside the territory, all
proceedings prior thereto are valid (Ppv.Galano,75SCRA193)

*Exception to territorial principle

-Article 2 of the Revised Penal Code
Example: -crime committed in the ship or airship
-a government official goes to a foreign country
and receives in his official capacity money from
said foreign government and misappropriates the
same.
-in the above instances, the offender may still
be prosecuted in courts in the Philippines.
-in the crime of piracy (acrimecommittednotagainstparticular
statebuttomankind)
-no territorial limits, even outside the 3-mile (12mile)limit

*VENUE defined.
-Venue refers to the geographical area or territorial unit where
the power of the court is to be exercised, or simply put, the
place of trial.

Jurisdiction vs Venue
1. refers to the 1. refers to the place of trial
authority to hear,
decide or
determine cases

2. cannot be waived or subject

2. can be
to waived or subject of
agreement by the partiesagreement
(foritis in civil cases only
fixedbylaw)

*JURISDICTION OF COURTS and the SANDIGANBAYAN

-By the Philippine Constitution
-Section 1 Art. VIII of the Constitution -judicial power vested in the
Supreme Court and the lower courts – to settle actual
controversies involving rights which are legally demandable and
enforceable, and to determine whether or not there is grave abuse
of discretion amounting to lack or excess of jurisdiction on the part
of any branch or instrumentality of the government.

-SUPREME COURT -highest court of the land

 -last bulwark and democracy
-review appeals of Court of Appeals decision -
automatic review of conviction by lower court
where the penalty imposed is reclusion
perpetua or higher
-SANDIGANBAYAN (Section4,articleXIoftheConstitution)

*By Batas Pambansa Bilang 129 (JudiciaryReorganizationActof1980),

as amended by RA No. 7691, provides jurisdiction of:
-Supreme Court (SC)
-Court of Appeals (CA)
-Regional Trial Court (RTC)
-Metropolitan Trial Court (Metro.TC)
-Municipal Trial Court (MTC) and
-Municipal Circuit Trial Court (MCTC-courtservingtwoormore
municipalities)
-Sandiganbayan

*Criminal jurisdictions of the following:

1. Metropolitan Trial Court/ Municipal Trial Court/ Municipal

Circuit Trial Court
a. violation of municipal ordinances;
b. crimes where penalty does not exceed 6 years imprisonment
irrespective of fine and regardless of other impossible accessory or
other penalties;
d. offense involving damage to property through criminal
negligence; and
c. cases cognizable by the Sandiganbayan where the penalty does
not exceed 6 years of government employees, officials having a
salary grade lower than 27 (seePD1606,asamendedbyRANo.
8249).

2. Regional Trial Court

a. All criminal cases not within the exclusive jurisdiction of any
court, tribunal or body;
b. Sandiganbayan cases where penalty exceed 6 years and
government officials charged have salary grade lower than
salary grade 27 and not those enumerated in sec.4;
c. Crimes punishable by more than 6 years imprisonment; and
d. Appellate jurisdiction over decisions of MTC/MCTC
 the Family Courts -a RTC established by “Family Courts Act of
1997”
 -Jurisdiction: -one or more of the accused is below 18 years of
age (butnot14orless);or where one or more of the victims is a
minor
-like violation of the provisions of RA No. 7610 (childabuselaw)
and RA No. 9262 (ViolenceAgainstWomenandtheirChildrenlaw)

3. Court of Appeals
-appellate jurisdiction over RTC decisions (orthepowertoreview
decisionsoftheRTC)

4. Supreme Court
-automatic review of conviction when penalty is reclusion
perpetua or higher

5. The Sandiganbayan
-under PD 1606 created the Sandiganbayan
-an anti-graft court (Section4,articleXIoftheConstitution)
*Jurisdictions:
a. Violation of -RA No. 3019 (the“Anti-graftandCorrupt
PracticesAct”)
-RA No. 3079 (lawonforfeitureofill-gottenwealth) -
Chapter II, Section 2, Title VII of RPC (bribery,
indirectbriberyandcorruptionofpublicofficials)
b. Other offenses/ felonies committed by public
officers or employees including those in the Government
Owned and Controlled Corporations (GOCC)in relation to
their office
-Examples of GOCC: Meralco, PNB
c. Appellate jurisdiction to decisions of RTC, MTC or
MCTC

*PD No. 1606 was amended by RA No. 8249 (February 5, 1997)

to define jurisdiction of the Sandiganbayan. As to offenders, it
includes the following:
-positions of regional director and higher, otherwise
classified as Grade ‘27’ and higher of the Compensation
and Position Classification Act of 1989 (RANo.6758).
-includes: -provincial governors, vice-governors, members
of the Sanguniang Panlalawigan, provincial
treasurers, assessors, engineers and her provincial
department heads;
 -city mayors, vice-mayors, SB members, municipal
treasurers/assessors/engineers and other
department heads;
-city/provincial prosecutors and assistants;
-PNP provincial directors, Senior Superintendent or
higher; -army and air force colonels, naval captain
and higher rank;
-others -see Sec. 4 of PD 1606 as amended
-in case where none of the accused are occupying
positions corresponding to salary grade “27” or higher, or
military and PNP officers (militarycolonels,navalcaptains
andallofficersofhigherrank,PNPprovincialdirectorsand
thoseholdingtherankofseniorsuperintendentorhigher),
exclusive original jurisdiction thereof shall be vested in the
proper RTC, MetroTC, MTC, MCTC, as the case may be,
pursuant to BP Blg 129.

7. Lupong Tagapamayapa
-a creation under the Local Gov’t Code of 1991 (RA7160)
-barangay court (notacourtinthelegalcontemplationbutan
administrativebody) -jurisdiction:
-Crimes punishable by imprisonment not exceeding 1 year
or a time not exceeding P5,000. (Butnotwhen:
-noprivateoffendedpartyisinvolved;
-the suspect is under a lawful
warrantlessarrest)
-Venue :barangay where disputants are residents of; :if actual
residents of different barangays within the same city
or municipality, where the respondent or any of the
respondents actually resides at the election of the
complainant.

6. Shari’a Courts
-creation under PD No. 1083 (CodeofMuslimPersonalLawsof
thePhilippines)

5. The Sandiganbayan
-under PD 1606 created the Sandiganbayan
-an anti-graft court (Section4,articleXIoftheConstitution)
*Jurisdictions:
a. Violation of -RA No. 3019 (the“Anti-graftandCorrupt
PracticesAct”)
 -RA No. 3079 (lawonforfeitureofill-gottenwealth) -
Chapter II, Section 2, Title VII of RPC (bribery,
indirectbriberyandcorruptionofpublicofficials)
b. Other offenses/ felonies committed by public
officers or employees including those in the Government
Owned and Controlled Corporations (GOCC)in relation to
their office
-Examples of GOCC: Meralco, PNB
c. Appellate jurisdiction to decisions of RTC, MTC or
MCTC

*PD No. 1606 was amended by RA No. 8249 (February 5, 1997)

to define jurisdiction of the Sandiganbayan. As to offenders, it
includes the following:
-positions of regional director and higher, otherwise
classified as Grade ‘27’ and higher of the Compensation
and Position Classification Act of 1989 (RANo.6758).
-includes: -provincial governors, vice-governors, members
of the Sanguniang Panlalawigan, provincial
treasurers, assessors, engineers and her provincial
department heads;
-city mayors, vice-mayors, SB members, municipal
treasurers/assessors/engineers and other
department heads;
-city/provincial prosecutors and assistants;
-PNP provincial directors, Senior Superintendent or
higher; -army and air force colonels, naval captain
and higher rank;
-others -see Sec. 4 of PD 1606 as amended
-in case where none of the accused are occupying
positions corresponding to salary grade “27” or higher, or
military and PNP officers (militarycolonels,navalcaptains
andallofficersofhigherrank,PNPprovincialdirectorsand
thoseholdingtherankofseniorsuperintendentorhigher),
exclusive original jurisdiction thereof shall be vested in the
proper RTC, MetroTC, MTC, MCTC, as the case may be,
pursuant to BP Blg 129.

E. STAGES IN A CRIMINAL ACTION/CASE 1- Initial proceedings

Includes: -police investigation
-police surveillance
-arrest of suspects
-entrapment operations (buybust)
 -custodial investigation
*person subject of the case is usually called, the
SUSPECT

2- Preliminary Investigation
-to be conducted by a public prosecutor and others
authorized by law (notanymorebyajudge)
*person subject of the investigation is called, the
RESPONDENT
*Once an information is filed in court, the subject person
is called, the ACCUSED

3- Criminal Action Proper

-arraignment
-pre-trial
-trial

4- Judgement
-motion for reconsideration or new trial is a remedy

5- Appeal - to higher court

6- Execution (tobereturnedtocourtoforiginforexecutionofthe
decision)

F. RULE 110 -PROSECUTION OF OFFENSES

1. For crimes/offenses where preliminary investigation is required
(penaltyis4years,2monthsor1dayorhigher), by filing the complaint
with the proper officer for the conduct of preliminary investigation.
*proper officers are:
a) prosecutors -National and state prosecutors;
-provincial/city prosecutors, assistants and
associate prosecutors
b) officers authorized by law
-COMELEC -its Legal Officers and others on
election offense
-Ombudsman or Tanodbayan on Sandiganbayan cases -
PCGG (PresidentialCommissiononGoodGovernment)on
illgotten wealth cases

2. For all others offenses /crimes

 -complaint may be filed with the MTC/MCTC directly or to
the Office of the Prosecutor
-but in Metro Manila and chartered cities (likeBaguiocity),
complaint shall be filed with the Office of the Prosecutor

*What is a COMPLAINT? (section3)

-A sworn written statement charging a person with an offense,
subscribed by the offended party, any peace officer or other
public officer charged w/ the enforcement of the law violated.
-Examples: affidavitcomplaint;swornstatement;sinumpaang
salaysay

*What is INFORMATION (section 4)

-An accusation in writing charging a person with an offense,
subscribed by the prosecutor and filed w/ the court.

-A COMPLAINT or an INFORMATION is an accusation which

must be in writing in the name of the People of the Philippines
and against the accused.
-Every crime is an outrage or violence against the peace or
security of the people at large. So that if one commits a crime,
he is considered a threat or danger to peace or security of the
public. Hence, the complainant is the People of the Philippines.
-Note that accusation must be against ALL PERSONS
responsible for the offense
Complaint vs Information
1. must be sworn to -need not to be sworn to
(prosecutorpreparedit) . 2.
subscribed by the offended -subscribed by the
party or the law enforcer prosecutor .
3. filed in court / prosecutor’s -filed in court office

*Remedies for inaction of prosecutor/fiscal

1. Appeal to the Regional Prosecutor or Secretary of Justice
2. Institute administrative complaints
3. Criminal complaint under Article 208 of RPC on dereliction of
duty
4. Civil action –Article 27 of the Civil Code
5. lodge a new complaint
*Contents of complaint or information
1. Name of defendants/accused
-ALL accused must be named or identified
-If identities not known, described the person under the
fictitious name - “John Doe” (ifone); “John Does” (twoor
more)
-(“Janedo”forfemale)

2. Designation of offense (Example:rape,arson,murder)

-purpose: to inform accused of the charge against him

3. Acts or omissions complained of as constituting the offense -

elements of the crime must be alleged, otherwise, accused is
considered not informed of the charge

4. Time of the commission of the offense

-General rule: need not be precise, approximate time is
sufficient.
-Example: committed “inthemonthofMarch,2020”. -
Exception: when time is an element of the crime. -Thus,
in the crime of infanticide, the time must be very specific
since this crime is committed when the victim is less than
3 days old.

5. Place of commission of the crime -General rule: need not be

particularized.
-Example: committed “in La Trinidad, Benguet” is
sufficient.
-Exception: If place is an element of the crime like
in the crime of trespass to dwelling where the
specific dwelling must be stated

6. Name of the offended party

-name and surname of the offended party must be stated.
if not known, by nickname or any appellation by which the
person is known. If none, described under a fictitious
name.
-In offense against property (theft,robbery,arson) and
offended party unknown, the property must be described
with such particularity.

*Who prosecutes criminal actions?

-the prosecutor (Section 5, Rule 110)
 -a private prosecutor (generallyalawyerfromtheprivatepractice)
may come in but under the supervision of the public prosecutor -
lack of prosecutor, Chief of the Prosecutor’s Office will authorized
in writing a private prosecutor

*filing of information – discretionary on the part of the prosecutor -

prosecutor exercise judgment whether to file or not based on
his assessment

*When an offense is committed by more than one persons, they must

ALL be named in the complaint or information (Section6,2 nd par.).

*Information must charge but one offense, except in complex crimes.

-rule in duplicity of offense

*Offenses which cannot be prosecuted de oficio (Section5,Rule110):

1. adultery concubinage
2. seduction, abduction, acts of lasciviousness
3. defamation which consists in the imputation of adultery,
concubinage, seduction, abduction, acts of lasciviousness -this
means that in the above-mentioned crimes, any complaint must
be initiated by the offended party or her parents, grandparents
or guardians. Without their complaint, no prosecution against
the offender can proceed or prosper.

*Amendment of Information (changeintheformorsubstance)

1. Without leave of court - amendment to form and
substance before accused pleads (arraignment)is allowed
2. With leave of court - amendment as to form and
substance after accused pleads or is arraigned.
-If with leave of court, it means that the party should file
a motion with the court to seek permission from such
court regarding the intended amendment.

*Place where action may be instituted

-court of the municipality or territory where the offense was
committed or where any of its essential ingredients occurred. -
If committed in the train, ship, aircraft or other private or public
vehicle, any municipality or territory where such passed. -If in
the vessel, the port or entry or where it passed or went -under
Article 2 of RPC (extra-territorialjurisdiction), the court where
the case was first filed.
 -Examples:
-theft -committed in Baguio City but the stolen item
was found in La Trinidad, Benguet. Where to
file the case? Ans. Baguio City where theft
was consummated
-bigamy -first marriage is Baguio City and 2 nd marriage
is La Trinidad, Benguet. Where to file? La
Trinidad, Benguet because the act of marrying
again occurred in La Trinidad.
-but not if continuing or transitory crimes. In this case, the filing
of the case is not limited to one place.
-like kidnapping or illegal detention
-evasion of service of sentence -in this crime, prisoner
moves from one place to another
-libel (defamationinwriting) -may be filed to the place
where first printed and published or circulated

-crime committed in the pacific ocean (butinsideaPhilippineship

orvessel), any court in the Philippines.

G. RULE 111- PROSECUTION OF CIVIL ACTION

-In a criminal action, a person is prosecuted for committing a crime
so that he will be penalized when convicted. In a civil action, the
same person is also prosecuted for civil liability or for civil damages
arising from the commission of the crime to the private offended
party.

-Note that in Article 104 of the Revised Penal Code, the civil liability
includes:
1- restitution
-example: -to return the item stolen in the case of theft
or pay for its value when it’s not recovered
2- reparation of damage caused
-example: -to pay the cost of damage done to a
property in case of malicious mischief
3- indemnification of consequential damages
-Example: -to reimburse the hospitalization expenses of
the victim
-moral damage
-General Rule: when a criminal action is instituted, the civil action
arising therefrom is also instituted. (orwhenthecriminalcaseisfiled,
thecivilcaseisalsoconsideredfiled)
-Exceptions: 1. offended party waives the civil action (noclaimfor
 civildamagesbytheprivateoffendedparty)
2. offended party reserves the right to institute the
civil action separately
3. offended party institutes the civil action prior to
the criminal action

*The reservation of the right to institute civil action should be made

before prosecution starts presenting evidence.

*effect of reservation
-the crime case proceeds first until terminated with finality, then
the civil action may be instituted.

*If civil action is filed earlier than the criminal action:

-the civil action may be consolidated with the criminal action -
the proceedings in the civil action be suspended until the
termination with finality of the criminal action
-But before judgment on the merits in the civil action, the same
may be consolidated w/ the criminal action in the court trying
the criminal action. In case allowed by the court, evidence
already adduced in the civil action shall deemed automatically
reproduced in the criminal action w/o prejudice to the right of
the prosecution to cross examine the witness presented by the
offended party in the criminal case and of the parties to present
additional evidence.

*Dismissal or extinction of the criminal action does not carry with it

dismissal or extinction of the civil action, except when there is finding
in the criminal action that the act or omission from which civil liability
may arise did not exist.
-Example to the exception:
-If incident proven to be purely an accident, then there
may be no crime considered to have been committed.
Hence, there will be no criminal liability and civil liability
as well because there is no basis for it.

-But if dismissal is:

a. no proof reasonable doubt (onlypreponderanceofevidence
incivilactionisneeded);
b. court decides that the liability is not criminal but only civil is nature; or
c. where the civil liability is not derived from or based on
the criminal act of which the accused is acquitted;
 the civil action may still be instituted or filed.

*See Article 29 of the Civil Code - remedy after acquitted

*The court may still award civil damages even in cases of acquittals
-see Padilla vs. CA, 129 SCRA 558
-to avoid duplication of proceedings (becausetheaggrieved
partywillbefilinganothercase(civilcase)again)
-no express prohibition

*When does civil action proceed even with the filing of a criminal
action?
Ans. 1- civil action related or provided in Articles 32, 33, 32 and
3276 (quasi-delict)of the Civil Code of the Philippines. -in any of
these cases, civil actions may proceed independently
-in any of these cases, the result of criminal action
whether acquittal or conviction is irrelevant

2. in case of prejudicial question

-This is the situation where a civil action and
criminal action are pending separately and there
exists similar issue or issues intimately related to
each other and the resolution of the civil action is
necessary before the criminal action may proceed.
-Example: A civil case for declaration of nullity
of marriage (ground:minorityofoneofthe
partiesorthattherewasnomarriagelicense,etc.)
and a criminal case for bigamy. Here, the civil
case must be resolved first to see whether the
criminal case has basis to continue or proceed.
Because if it is found in the civil case that the
marriage is a nullity (voidabinitioorinvalid
fromtheverybeginning), then bigamy could not
be possibly committed because there was no
first marriage to speak about.

H. RULE 112- PRELIMINARY INVESTIGATION

*Defined. Preliminary Investigation (PI) is the inquiry or
proceeding for the purpose of determining whether there is sufficient
ground to engender a well-founded belief that a crime has been
committed and the respondent is probably guilty thereof, and should
be held for trial.
 *The conduct of PI is not a judicial function (ortobeperformedby
judges)but executive (bythePresidentthroughDepartmentofJustice).
Generally, PI is assigned to the National Prosecution Service (public
prosecutors)under the supervision of the Department of Justice and
other offices authorized by law to conduct PI (COMELEC,PCGGetc.).

*Nature of PI- inquisitorial (nottrialonthemerits,theprosecutormay

basehisfindingsjustbyexaminationoftheevidencesubmittedandwith
clarificatoryhearingwhenneeded). But while not a judicial function,
there may be an exercise of a quasi-judicial function.

*Purposes or Objectives of PI
1- to protect or secure the innocent against hasty, malicious
and oppressive prosecution;
2- to save him from public accusation of a crime and from
the trouble, expense and anxiety of a public trial; and
3 -to protect the state or government from useless of expensive
litigation.
-so that when it is obvious that there is no factual basis for
the accusation but just to harass a
person
(respondent), the case can be dismissed outright. In this
case, the innocent respondent is saved from anxiety of a
useless trial and likewise the government is saved from
expenses and waste of time.

*PI is not a creation of the Constitution and therefore not guaranteed

by the constitution. Its origin is statutory and the right thereto can be
invoked only when so provided for by law.
-But it becomes now part of due process so to withhold the same
may be a transgression to the constitutional requirement of due
process.
-It is a personal right, one that can be waived by the person charged
with the crime.

*Officers authorized to conduct PI

1- Provincial or city prosecutors and their assistants (andassociates)
2- National or Regional prosecutors 3- Other officers authorized
by law
Example: -COMELEC officials (LegalOfficersorthosedeputized) on
violation of Election laws
-PCGG on ill-gotten wealth
 -Tanodbayan or Ombudsman on
Sandiganbayan cases
*Note that court or judge was eliminated or removed pursuant to AM No.
05-26-SC (Oct.3,2005)

*Concurrent jurisdiction of the Ombudsman and

Provincial/City/State Prosecutors of the DOJ involving public officers
and employees.
-But if cases fall under the exclusive jurisdiction of the
Sandiganbayan, the Ombudsman may, in the exercise of its primary
jurisdiction, take over the investigation from any investigating agency
at any stage.

*PROCEDURE:
1. Complaint filed (toapersonauthorizedtoconductPI)
-A complaint is subscribed and sworn to (bythecomplaining
party)before any prosecutor or government official authorized to
administer oath, or in his absence or unavailability, before a
notary public who will certify that affiant was examined with
voluntariness.

2. Within 10 days, the investigating officer shall either:

a. Dismiss the complaint if there is no ground to continue
with the investigation; or
b. Issue subpoena to the respondent/s attaching to it a copy
of the complaint and its supporting documents.

3. Within 10 days from receipt of the subpoena, the respondent to

file his countervailing evidence or counter-affidavit or controverting
evidence.

4. If respondent cannot be subpoenaed or subpoenaed but does

not file his countervailing evidence, the complaint will be resolved
based on the available evidence.

5. Clarificatory hearing may be conducted if there is need to clarify

some issues before resolution of the complaint.

6. Resolution –either dismissing the case or finding reasonable

basis to file information in court.
-may be subject of:
 a. a motion for reconsideration -for the same
resolving office to reverse or change or correct its
resolution.
b. appeal -for a higher office to review the findings of
the resolving office.
-to the Regional Prosecutor’s Office for crimes
under the jurisdiction of the MTC
-to the Department of Justice for crimes under
the jurisdiction of the RTC.

*Finding of PROBABLE CAUSE- such facts as are sufficient to

engender a well-founded belief that a crime has been committed and
that respondent is probably guilty thereof. (Marasiganvs.Fuentes,GR
No.201310,January11,2016).
-to be determined by the prosecutor
(orotherofficer allowedbylawtoconductPI)
-As a general rule, the finding of probable cause by the
prosecutor is not subject to court’s review and reversal
(exceptwhenthereisgraveabuseofdiscretion).
-the finding of probable cause does not need “actual and
positive cause” nor does it import absolute certainty. It is based
on opinion and reasonable belief. It is the reasonable ground of
presumption that a thing is so. -Prosecutor to file information in
court when there is probable cause.
-No complaint or information may be filed or dismissed by an
investigating prosecutor without the written authority or
approval of the Provincial or City Prosecutor or Chief State
Prosecutor or the Ombudsman or his deputy.
-The chief may modify or even reverse findings of the
investigating prosecutor.

*Waiver of PI (orcaseswhenpersonchargeddoesnotavailofthe
benefit ofPI)
1. by voluntary waiver (expresswaiver-inwritingorverbal);
2. by failure to claim before he pleads
(duringthearraignment); 3. by failure to request for PI within 5
days after learning of filing
of the information; or
4. posting a bond and actively participating in the trial without
claiming the benefit of PI
*The conduct of PI is not required when:
 1- Penalty of the crime is 4 YEARS, 2 MONTHS or lower.
For if the penalty of the crime is higher than that
(4yrs.,2mos.and
1dayorhigher), there must be PI;
-In this case where PI is not needed, the prosecutor will act on
the complaint based on the affidavits and other supporting
documents submitted by the complainant within 10 days from
its filing.
2- The person is arrested under a lawful warrantless arrest
(in flagrantedelicto). If there is basis for the criminal charge, the
information or formal charge should be timely filed in court so
that there will be no violation of Article 125 of the Revised Penal
Code (DelayintheDeliveryofDetainedPersons). Except when the
suspect or respondent will ask for the benefit of PI by executing
a waiver of his rights under the provisions of Article 25 in the
presence of his counsel.

 INQUEST- An informal and summary investigation conducted by

the prosecutor involving arrested person without warrant for the
purpose of determining whether such person shall remain in
custody of law and be charged in court for a crime (orhisreleaseif
thereisunlawfularrest).
*Resolution by the investigating authority:
-If by the Provincial/City Prosecutor, the resolution may be
appealed to the Regional Prosecutor or Department of Justice
(DOJ), as the case may be;
-If by the DOJ, appeal to the Office of the President but for
criminal cases involving offenses punishable by reclusion
perpetual to death (thisisoptional)
-then appeal to the Court of Appeals (bypetitionforreview)

I. Rule-113 -ARREST
-Defined. The taking of a person into custody in order that he may be
bound to answer for the commission of an offense.
*purpose: -not to frustrate the end of justice (becausetherespondent
islikelytoescape)
*how made?
1) by actual restraint (ofliberty); or
2) by submission to the custody of person making arrest

*kinds of Arrest
 1) with warrant of arrest (WA) issued by court; and -there is
a written order of the court to cause the arrest of a
person named therein.

2) lawful warrantless arrest

-no warrant of arrest but arrest is permitted under the
rules
-arrest by police officer or by citizen’s arrest
*Rules on Arrest
-General Rule: -there must be WA issued by court to effect a
valid arrest upon a person (aconstitutional
requirement).
-Exception: -a valid or lawful warrantless arrest
*Lawful causes or grounds to arrest without WA (withoutviolatingthe
constitutionalrighttobesecuredinhisperson):
-Grounds are provided for under Section 5, Rule 113 which
states: “A peace officer or a private person may arrest a
person:
a) when, in his presence, the person to be arrested
committed, is actually committing, or is attempting to
commit an offense;
-inflagrantedelicto
-arrest effected by a private person -commonly called
citizen’s arrest (butgenerally,thearrested
personbeturnedovertothepoliceauthorities)
b) when an offense has just been committed and he
has probable cause based on personal knowledge of facts
or circumstances that the person to be arrested has
committed it; and
c)when the person to be arrested is a prisoner who has
escaped from penal establishment or place where he is
serving final judgment or is temporarily confined while his
case is pending, or has escaped while being transferred
from one confinement to another.

*Method of Arrest (withorwithoutwarrantofarrest) 1-

observe the Miranda warning;
-inform him of his right to remain silent and to have
counsel of his own choice. This may also be done even by
private citizen in case of citizen’s arrest.
2- inform the cause of his arrest or the issuance of WA;
 -but WA need not be present at that time of arrest but
should be shown later after the arrest.
-need not when giving such warning will imperil or
endanger the arrest;
3- no unnecessary force unless needed under
the
circumstances;
4- An officer may break into building or enclosure in effecting
an arrest and likewise break out to liberate himself;
5- Officer may summon assistance of person or persons he
deems it necessary under the circumstances.

*Arresting Officer to deliver the person arrested to the nearest police

station or jail and the complaint should be filed accordingly.

*Kinds of Warrant of Arrest

1- WA issued by the judge after the filing of the complaint or
information;
2- WA issued by judge after arraignment for non-appearance
of accused during trial unless waved; and
3- WA issued by a judge to compel appearance of witnesses

*Re arrest of a person

-Section13 states that a person lawfully arrested who escapes
may be pursued or retaken without the necessarily of warrant.

*Method in the arrest by virtue of WA:

-inform the person subject of arrest of his authority to
arrest and that a warrant for his arrest was issued (need
notbeinhispossessionthattimebutshouldbeshownlater).

J. Rule 114 -BAIL

*Defined (locallytermed“piyansa”). Bail is a security given for the
release of a person in custody of the law, furnished by him or a
bondman, to guarantee his appearance before any court as required
under the conditions specified by the rules.
*Rules:
-General Rule: the right to bail is a constitutional right (Article
III,Section13oftheConstitution)
-Exception: if the crime is punishable by reclusion
perpetual (itshouldincludehigherorcapital
punishment) and when evidence of guilt is
 strong. (ArticleIII,Section13oftheConstitution)
-Section 7, Rule 114 also provides that NO
BAIL in capital offense (punishablebydeath)or
offense punishable by reclusion perpetua or
life imprisonment.

-why a right? – there is constitutional provision of presumption

of innocence, i.e., an accused is considered innocent while his
case is pending until final judgment of conviction.

-Generally, not applicable in extradition cases (butonlyon

convincingproofshowingnoflightriskoradangertothepublicor
forhumanitarianreason).

*bail is not a fine or a punishment, it will be returned to the

bondsman (personwhopostedthebond)once the proceeding and case
is decided with finality except when there is violation of the
conditions.
*but amount of bail may be applied for the payment of fine or cost of
the proceedings upon conviction.

*Procedure:
-if a matter of right
-notify prosecutor of the application who will submit his
recommendation
-If a matter of discretion
(involvingcapitaloffenseofcities
punishablebyreclusionperpetuaandlifeimprisonment)
-conduct hearing
-prosecution has the burden of showing that the evidence
of guilt is strong (bypresentingevidence)

*Forms of Bail:
1- CASH BAIL BOND
2-PROPERTY BOND
-sum of money (the amount as
recommended by a prosecutor
and to be fixed by the court
-is an undertaking constituted as a
lien or encumbrance on the real
property given as security for the
amount of the bail.
-certificate of title – encumbrance
or lien to be annotated with the
Register of Deeds (ROD) or
 unregistered property, still to be
recorder with the ROD registration
book.
3- CORPORATE SURETY -issued by a professional bondman
(orsuretycompany)or one who is
habitually engaged in the business
of furnishing bonds.
-a property bondsman should be
resident real estate owner
4- RECOGNIZANCE -contract between the sureties and
the state for the production of the principal (accused)
when his presence is required. Relative or any responsible
person who undertakes to present the accused
whenever his presence is required. It could also be by the
accused himself (asrecognizer)who Wwho will undertake to
appear whenever his presence is required.

-Note: RA No. 10389- an Act Institutionalizing

Recognizance as a Mode of Granting the Release of
an Indigent Person in Custody as an Accused in a
Criminal Case.

*Appearance of an accused is usually required during:

-arraignment (toenterapleaofguiltyornotguilty)
-trial (forhisidentificationbywitness)
-promulgation of judgement

*Where to apply for bail?

1- court where the case is filed; or in another branch if judge
in said court in unavailable; or
2- any court (preferably RTC) when the person was
arrested:

*bail may be filed even before the filing of the criminal charge in
court as when the case is under preliminary investigation.

*Fixing the amount of bail, the court is guided by factors like:

-financial ability of accused to give bail;
-nature of circumstances of the offense;
-penalty of the offense
-character and reputation of accused
-age and wealth of accused-probability of opportunity
-weight of evidence
 -others. see Section 9, Rule 114

*Bail Conditions (Section2)

1- Effective and shall remain inforce at all stages of the case
until promulgation of the judgement of the RTC, irrespective of
whether the case was originally filed in or appealed to it (unless
cancelled);
2- Accused shall appear whenever required by court. Failure
to appear is a waiver of the right to bail. Trial may proceed “in
absentia”.
-But during the trial in absentia, accused must be
represented by his lawyer.
-this operates as valid restriction of the right to travel
(abroad)-Pp vs. Uy Treising, 61 Phil 404, and reiterated in
Manostoc Sr. vs. CA, 142 SCRA 149.
3- The bondsman shall surrender the accused to the court for
the execution of the judgement.
-Section 23 – bondsman may arrest the principal
(accused) since he is now the jailer of the accused for the
purpose of surrendering him to the custody of the law
even with WA. The bondman may also arrest him if the
accused attempts to leave the country without permission.

*When applying for bail, these are required from the accused:
1- full name and address;
2- photographs (passportsize) taken w/o the last 6 months
shown the face, left and right profiles of the accused 3-
payment of the amount by the accused or bondsman or lien on
a property used as bond

*Forfeiture of the bail (Section21)

-Non-appearance of the accused when his presence is required
by the court, provided, there is notice;
-if through bondsman, the bail bond is forfeited and the
bondsman is given 30 days within which to produce the
accused and to show cause why a judgement should not
be rendered against him for the amount of the bond. -
courts are liberal in accepting explanation of bondsman,
provided, he produces the accused.

*Cancellation of Bail (Section23)

1. When accused dies;
 2. Accused is surrendered (bybondsmanwhoapplieswiththe
court
toberelievedasbondsman)
-for tear of accused escape or for any other reason but
bondsman should surrender first the accused in court 3. Upon
acquittal, dismissal of the case or execution of judgment of
conviction

*No Bail is required in the following instances:

-violation of city or municipal ordinances
-light felony
-crimes where the penalty is not higher than 6 months
imprisonment and/or a fine a P2,000 where said person has
established that he is unable post bail bond,
EXCEPT when:
-he is caught in flagrante delicto;
-confesses to the commission of the crime; -
previous escaped from penal confinement, evade
sentence or jumped bail
-recidivist or a habitual delinquent
-commits an offense while under conditional pardon or
parole
-etc. (SeeRANo.6036)

*Cases covered by the Rules on Summary Procedure

-courts will not order arrest of the accused except for failure to
appear

*Immediate release of detention prisoner:

-when he has been in custody for a period equal to or more
than the possible maximum period of the penalty for the offense
charged (withoutprejudicetothecontinuationofthe
trial/proceedings).

*Release on recognizable or reduced bail

-when a person in custody for a period equal to or more than
the minimum of the principal penalty prescribed for the offense
charged, without application of the indeterminate sentence law
or any modifying circumstances.

*If the maximum penalty is destierro, release the accused after 30

days of preventive imprisonment
*Release on Recognizance -release on his own recognizance on that
of a responsible person:
-Instances (recognizance):
1- child/minor is the accused (Section24ofRA9344)
2- charge is violation of city/municipal ordinances, light
felony or an offense the penalty prescribed is not higher
than 6 months imprisonment or a fine of P2,000, but is
not exempted from posting a bond in accordance with
Section 1 of RA 6036;
3- accused is in custody for a period equal to or more
than the minimum of the principal penalty prescribed for
the crime w/o application of the indeterminate sentence
law or other modifying circumstances;
4- accused applies for probation and no bail was filed
or that he is incapable of filing one.

*NO BAIL instances:

1- non-bailable offense (Section7,rule114)
2- after final judgement (Section24)
3- Conviction by RTC, but if the crime charged is not
punishable by death, reclusion perpetua or life imprisonment,
admission to bail is discretionary. Note: judgment is not yet
final; *bail be denied after conviction
(whenpenaltyofimprisonmentis morethan6years)if:
1- accused is recidivist, quasi-recidivist, or habitual
delinquent, or has committed the crime aggravated by
circumstances of reiteracion;
2-previously escaped from penal confinement, evaded
sentence, violated the conditions of his bail w/o valid
justification;
3- etc. see Section 5

-If judgment changed the nature of the offense from

nonbailable to bailable, the application can only be filed and
resolved by the appellate count.

*Court’s supervisory power over detainees

-court may conduct monthly personal inspections of jails
(municipal, city, provincial) and the prisoners within its
jurisdiction.
 *Bail not a bar to objections on illegal arrest, lack of irregular
preliminary investigations, provided that, the objection is raised
before plea.

KING’S COLLEGE OF THE PHILIPPINES

College of Criminal Justice Education

MODULE
SUBJECT: CLJ6 (CRIMINAL PROCEDURE and COURT
TESTIMONY)

I. COVERAGE OF THE SUBJECT

II. PARTICULAR TOPICS

III. DISCUSSIONS, EXPLANATIONS and SUPREME COURT

TEACHINGS and JURISPRUDENCE

IV. ACTIVITIES and ASSESSMENT

A. PARTICULAR TOPICS
B. READING OF THE PROVISIONS OF THE PERTINENT RULES
ON CRIMINAL PROCEDURE and TESTIMONIAL EVIDENCE
 C. UNDERSTANDING OF THE PROVISIONS OF THE
PERTINENT RULES OF COURT and OTHER PROCEDURAL
RULES
D. APPLICATION OF THE PROVISIONS OF THE RULES IN
CASE PROBLEMS OR SCENARIOS
E.

CRIMINAL PROCEDURE and COURT TESTIMONY

I. Reference Materials or Sources of the Topics:

A. The RULES OF COURT
-a) Rule 110 to Rule 127 -criminal procedure
-b) Rule 130 to Rule 134 -rules on evidence particularly the
rules on testimonial evidence
B. Supreme Court Resolutions, Issuances or Circulars
-Revised Rules on Summary Procedure
-OCA Circular No. 101-2017 -Revised Guidelines for Continuous
Trial of Criminal Cases
-OCA Circular No. 119-2021 –the use of video conferencing
-A.M. No. 12-8-8-SC -Rule on Judicial Affidavit
-SC AM No. 18-03-16 -Plea Bargaining Framework in Drugs
Cases
C. Philippine Constitution
-Bill of rights -Article III
-creation of the Supreme Court and lower courts -Article VIII
D. Statutes -Batas Pambansa Bilang 129 (Judiciary Reorganization
Act of 1980), as amended by RA No. 7691

E. Supreme Court decisions (jurisprudence)

II. Coverage for the Second Grading Period or MIDTERM: Rule 115
(RIGHTS OF THE ACCUSED) up to Rule 118 (PRE-TRIAL) of the Revised Rules on
Criminal Procedure of the Rules of Court.

III. INSTRUCTIONS:
a. Read and understand the assigned specific provisions of the rules
and other pertinent procedural laws;
b. For better understanding, refer to some notes, discussions,
explanations and Supreme Court cases rulings or pronouncements
made available in this module;
c. Be able to correctly or properly apply the provisions of the rules of
court on criminal procedure in given case scenarios or case problems. The
same will be given later as an evaluation or assessment of your part.
A. Rule 115- RIGHTS OF THE ACCUSED
-Constitutional provisions and statutory (Rule 115 of the Rules of
Court)
-These are:

1- Right to presumption of innocence (until the contrary is

proved beyond reasonable doubt)
-This means that while the case of the accused is pending
or being heard in court, he is to be considered innocent yet
until evidence is presented to establish his guilt that will
lead to his conviction.
-This presumption will be overcome only by proof beyond
reasonable doubt (degree of proof which after investigation
of the whole records produces moral certainty in an
unprejudiced mind of the culpability of a person , Pp vs. Beltran,
61 SCRA 255). Without it or short of it, the accused may be
acquitted even without presenting his own evidence.

-Why is there a right to bail as a general rule? Ans. One of

the reasons is because the accused enjoys presumption of
innocence.

*But there is a Prima Facie Evidence established by statutes

(against an accused)
-like the last paragraph of Article 217 of the RPC which
states that failure of the public officer to have duly
forthcoming (made available) any public fund or properly
with which he is chargeable shall be primafacie evidence
that he has put such missing funds or properly to personal
use.
-statutes establish only a primafacie presumption, thus
giving the accused the opportunity to rebut it (Pp vs
Mingoa, 92 Phil 856).
-This is not contrary to constitutional right of presumption
and innocence and making out primafacie does not change
the burden of proof.

2- Right to be informed of the nature of cause of

accusation
-Every material fact and essential element of the crime
charged must be stated with precision and certainty in
simple and understandable language, in sufficient details to
enable the person to prepare for his defense.
 -This cannot be waived for reason of public policy. There
should always be arraignment of the accused where he will
be formally informed of the accusation by reading the
formal charge (information) in a language that he
understands.

3- Right to be present and defend in person and by

counsel at every stage of the proceedings, from
arraignment to promulgation of judgement.

-2 rights under this paragraph:

a- to be present at all stages of the proceeding
b- to defend himself personally or by counsel
*If transgressed or if not observed is a reversible error of
the court.
*but it can be waived.
-like when he does not appear despite notice by the
court or when he escapes or jumps bail
-In this case, there will be trial in absentia, provided
that:
a) the accused was arraigned;
b) the accused has been notified; and
c) the accused fails to appear without valid
reason
-If there is trial in absentia, accused waives also other
rights like the right to meet face to face his accuser and
witnesses and to cross-examine them to present
evidence in his behalf.
-But his lawyer may represent him in all subsequent
proceedings.

*Right to defend by himself (no lawyer to represent him)

-This happens when it appears that the accused can
properly protect his rights without the assistance of
counsel, otherwise, the court may assign a counsel de
oficio (who shall make himself available and whose
services the accused may avail if he so desires).
-But before the court will provide counsel de
oficio, the accused will be asked if he has counsel
of his own choice. If he has none and cannot
afford one, the court will assign a lawyer for him
(generally from the Public Attorney’s Office or
Integrated Bar of the Philippines Legal Aid).
 -Even the most intelligent or educated man who has no
skill in law, particularly rules of procedure, may be
convicted not because he is guilty but because he does
not know how to establish his innocence.
-The accused who preferred to defend himself
personally in the trial cannot anymore complain that he
was not assisted by a counsel.

*right to counsel (competent and independent lawyer)

-begins at the start of the investigation especially
during the custodial investigation or attaches from the
moment the investigating officer starts to ask questions
to elicit information and confession or admission from
the accused (Pp vs. Lucevo, 244 SCRA 425)
-But if questions were done by private individuals
like reporters, not covered by the right to
counsel.
-But bringing of accused to the police station for
identification or a police line-up is not part of custodial
investigation, hence, no right to counsel attaches yet
(Pp vs. Dimaano, 209 SCRA 819; Pp vs Hatton, 210 SCRA
2).

4- Right to testify in his own behalf

-Once accused testifies, he may be cross-examined.
-And when accused prefers to remain silent by not
testifying, it does not mean confession of guilt or a
circumstance to be considered against him.

5- Right against self-incrimination

*Self-incrimination means to testify against himself or
produce evidence against him.
*basis of the right:
-Public policy. Because if a person is required to
testify, he will be under the strongest temptation
to commit perjury (falsehood).
-humanity. To prevent extortion of confession or
compelled testimony (by the state of its coercive
powers).
*self-incrimination includes:
 -to be a witness either for the prosecution, or for a
co-accused, or even for himself (Pp vs. Judge Ayson,
175 SCRA 216)
*These are not a transgression of the right against self-
incrimination:
a) requiring a person to exhibit himself before the
court;
b) requiring a person to place foot over the footprint
found at the crime scene (US vs. Zara, 42 Phil. 308)
c) Taking a substance (blood, urine) from the
accused (US vs. Ong Siu Hong)
d) Putting in evidence, papers or other articles taken
from the room of the accused without his presence
e) Measuring or photographing the accused for the
removal or replacement of his garment or his shoes
or to move his body (Pp vs. Otadora, 86 Phil. 244)
f) Showing of tattoo or scars
g) Putting hand on a hole

*What is contemplated in the right against self-

incrimination is not the only the extraction of words from
his lips but also furnishing evidence by other means the
divulging of any fact which the accused has the right to
hold secret. (Beltran vs. Samson, 53 Phil 570)

*The right applies to commulative testimony (not

mechanical testimony like measuring the height, showing tattoo
etc.) that involves use of intelligence like answering
questions, compel to show/make handwritings or signature.

*The right to refuse to answer incriminatory question may

be availed of when criminal prosecution against him due to
his answer is possible and not only when it causes
embarrassment to him.

*The right applies also to:

-civil proceedings
-congressional investigations (in aid of legislation)
-juvenile proceedings
-other statutory inquiries

*It does not give, however, an ordinary witness to

disregard a subpoena, decline to appear before the court,
 or refuse to testify altogether. The witness should take the
witness stand and only when a particular question which
may elicit incriminating answers may he invoke the right.
-But the rule is different to an accused in a criminal
case, he can refuse outright to take the stand on
witness (even by subpoena).

6- Right to confrontation and cross-examination

-To meet the witness face to face.
*purposes:
a- deterrence to lying by the threat of perjury charge;
b- cross-examination is a valuable instrument in exposing
falsehood and bringing out the truth;
c- enables the court to observe the demeanor of the
witness of his credibility.

-Hence, sworn statements or affidavits of a witness is not

admissible as evidence in court when the witness or
affiants will not testify and identify the same.
*No right to confrontation/cross-examination:
a- to dying declaration as an evidence (since the
declarant in this situation dies);

b- to testimony of a witness who is deceased, out of

or cannot with due diligence be found in the
Philippines, unavailable, or otherwise unable to
testify, given in another case or proceeding, judicial
or administrative, involving the same parties and
subject matter, the adverse party having the
opportunity to cross-examination (Section1 (f)); and
c- trial in absentia

*Note that on September 8, 2021, the Supreme Court,

through the Office of the Court Administrator (OCA),
passed OCA Circular No. 119-2021 directing judges in areas
under General Community Quarantine (GCQ) due to the
outbreak of COVID-19 to utilize videoconferencing
hearings and refrain from requiring parties to appear in
court.

7- Right to compulsory process

-The right to secure the attendance of witness and the
production of evidence in his behalf
 *purposes:
a) it affords fair play (accused with same right with the
prosecution in the presentation of evidence since the
state, through the prosecutor, can compel the attendance
of witnesses); and
b) get or ferret out the truth.

*how done? To have witness subpoenaed by the court for

him to testify in court, otherwise under the pain of
contempt or an arrest;

8- Right to speedy trial

-Note that this right is available when the court takes
jurisdiction over the person of the accused because if he
did not submit himself to the jurisdiction of the court (like
going into hiding), he cannot avail of this right.
-In criminal case, the life liberty of accused is at stake.
-purposes:
a) protects accused against prolonged imprisonment
(if jailed);
b) relieves him of anxiety of public suspicion; and
c) Prevents him from hazards of trial after the lapse
of time

-OCA Circular No. 101-2017 establishes the Revised

Guidelines for Continuous Trial of Criminal Cases.
-Here, the proceedings are expeditious with time
frame.
-contemplates trial conducted in accordance w/ the
fixed rules w/o capricious and oppressive delays.

9- Right to an impartial trial

-judge who renders decision has no favorite

10- Right to public trial

-trial in court is open to the public
-witness will likely tell the truth in open court attended by
people
*some exceptions:
a) Sec.30 of RA 7610 (child abuse law)
-case to be heard in the chambers of the judge
of RTC duty designated as Juvenile and
Domestic Relation Court Family Court);
 b) Section 43 of RA 9344 (Juvenile law) which requires
that proceedings shall be privileged and confidential.
Public shall be excluded during the proceedings;
c) when rape victim testifies in court regarding the
incident of rape, the public may be excluded.

11- Right to Appeal (from decision/judgment of conviction)

-the right to appeal has only statutory basis, not
constitutional. Hence, it is permitted only because the
statutes expressly allow it.
-Note that this right is available to the accused in case of
conviction. In case of acquittal, the prosecution has no
right to appeal the decision because double jeopardy
already attaches to favor the accused. Judgment of
conviction is immediately executory.

B. Rule 116- ARRAIGNMENT and PLEA

*Arraignment defined.
-Proceeding in a criminal action with the following objectives:
1- to fix the identity of the accused;
2- to inform him of the charge; and
3- to give him an opportunity to plead or enter his plea.
-Under the Constitution, the accused has the right to be informed
of the accusation against him.
-This is observed during arraignment by reading to him the
formal accusation (information).
-abuse in the arraignment is violate of the procedural due
process clause and there will be no proper judgement against an
invalid arraignment (Pp vs. Estomaca, 95 Phil 87).
a) Where original information has been superseded by an
amended information, the re arraignment under such
original information and the accused’s plea to the charge
therein set forth is null and void and no proper judgement
could be rendered (Binabay vs. People, 37 SCRA 445);
b) Also, where accused was charged in separate
informations, he must be arraigned in all of them even if
the cases would be tried jointly in court (US vs. Subrevinas,
35 Phil 32);
c) Absence of records of arraignment cannot give rise to
presumption of a valid arraignment (Pp vs. Lacson, 55 SCRA
589). But failure to record arraignment and plea does not
affect the validity of the proceedings (Section 1 par. B, Rule
116).
 *arraignment, how made?
-accused must be present personally (in all criminal cases,
light or serious)
-In Open Court -but note that there is videoconferencing
during the pandemic (COVID-19) -no physical appearance in
court by the parties.
-By the judge or clerk of court; *by furnishing accused of
copy and complaint or information, *reading the same in
the language or dialect known to him and *asking him
whether he pleads guilty or not.
-If charge is serious in nature, his counsel’s duty is
not only to assist him but to explain to him the
seriousness of the charge of the consequence of his
plea (Pp. vs Ama, 1 SCRA 1235)
-Note: lawyer cannot enter plea for him.

-Accused is entitled to be furnished by the prosecutor with list of witnesses

to be prevuled against him ( to avoid our prices and enable defends to
examine their record, morality and character)(Pp vs. Palacio 108 Phil 232)
-This does not mean, however that the accused is entitled in advance to
know all the witnesses les the success of the prosecution be endangered.
(witnesses may be pressured or coerced not to testify)
-The time for the accused to know all the witness against him is when
they take the witness stand (Pp vs. Palacio,supra)
-Prosecution may call unlisted witness to testify without the previous
consent of the court (Villacorta vs. Villaroza, 109 Phil 551)

*Plea defined.
-Proceeding in a criminal case where after reading of the charge
or information, the accused is asked what plea he will enter or
whether he will plead guilty or not guilty to the crime charged.

*Kinds of pleas:
1- plea without condition
2- conditional plea of guilt
-like plea of guilty of killing but raising self-defense or other
exculpatory evidence;
-plea of guilty with condition that certain penalty imposed
to him and not the one provided for by the penal law.

3- accused refuses to plead or enter a plea (silent or does not

answer).
 -Note: in 2 and 3, the court will enter plea of not guilty for
the accused.

*Accused may be permitted to enter a plea and guilty and reserve to

prove mitigating circumstances.

*Effects of plea of guilty:

-admission of all the material facts alleged in the complaint or
information, including aggravating circumstances stated therein.
-and as a general rule, the court now imposes the penalty

*Period to Plead
a) detention prisoner- within 10 days from date of raffle of the
case to the court
b) not detained- within 30 days from the time the court acquires
jurisdiction over his person

*Plea of guilty to a lesser offense (the situation where accused may

propose that he will enter a plea of guilty but to a lower offense, hence,
lower penalty).
-Subject to the following conditions:
a- the lesser offense is necessarily included in the offense
charged;
b- during the arraignment or after arraignment but before
trial (but the accused will withdraw his plea of not guilty); and
-But in Pp vs. Villarama Jr., 210 SCRA 246 ; Pp vs.
Mamarion, 412 SCRA 438 etc., the SC allows the
accused to change his plea even after prosecution
rested its case as long as the prosecution does not
have sufficient evidence to establish the guilt of the
accused.
c- with the consent of the offended party and the
prosecutor.
-but failure of the offended party with due notice to
appear for his consent may cause the court to allow
plea to lesser offense with the conformity of
prosecutor only (Section 1 (f), Rule 116).
-But in victimless crimes, the person to give consent
is the arresting officer (III (8) (D) (i) of the Revised
Guidelines for Continuous Trial).

-Note: There is no need to amend the information in this case.

-Examples of plea of guilty to lower offense:

 -from murder to homicide
-from frustrated homicide to attempted homicide
-not from robbery to estafa (estafa is not necessarily included
in the crime of robbery)

*Plea of guilty to a lesser offense is not supposed to be allowed as a

matter of bargaining or compromise for the convenience of the
accused. Such Plea to lighter offense is properly allowed when
prosecution has insufficient evidence to establish the crime and guilt of
the accused (Pp vs. Kayesnan, 83 SCRA 437).

*Plea of guilty to a Capital Offense

-Section 6 of Rule 114 states that a capital offense is an
offense that may be punished by death.
-Rules:
1- the court must conduct searching inquiry into the
voluntariness and full comprehension of the consequences
and the accused’s plea of guilty;
-see guidelines in the conduct of searching inquiry
(page 391 to 392, Criminal Procedure by Pamaran, 12 th
edition)
-See also guidelines in these cases:
-Pp vs. Pastor, 379 SCRA 181
-Pp vs. Ernas, 408* SCRA 391
-Pp vs. Aguilar, 548 SCRA 663
2- the court must require the presentation of evidence to
prove the guilty in the accused and the precise degree of
culpability; and
-Hence, there will still be the presentation of
evidence by the prosecution to determine his precise
culpability like when he is a principal, an accomplice
or merely an accessory in the crime or whether he is
entitled to modifying circumstances
3- the court must ask the accused if it he desires to present
evidence in his behalf and allow him to do so if he desires.

-Failure to observe the rules is grave abuse of discretion.

-Rationale of the rules:

-to preclude any room for reasonable doubt in the mind of
the court or SC, on review, as to accused’s understanding
of his plea; and
-for the imposition of the proper penalty
 -But in the case of Pp vs. Bandoyo, 142 SCRA 567, a deviation
from the doctrine requiring presentation of evidence when the
inquiry made by the judge on the accused was so thorough and
searching as to show that he is guilty and that he understands
the charge.

-Note that the accused, after pleading guilty, may not anymore
present evidence that would exonerate him from criminal liability
such as self-defense (Pp vs. Alicia, 95 SCRA 227).

-Effect of plea of guilty on aggravating circumstances

-aggravating circumstances are not automatically admitted,
there is need to prove the same in the light of the rules
making presentation of evidence mandatory (Pp vs. Abrea,
112 SCRA 83).

*Plea of guilty to non-capital offense

-Under III (8) (D) (ii) of the Revised Guidelines for Continuous
Trial, it provides that:
“If the accused pleads guilty to the crime
charged in the information, judgement shall be
immediately rendered, except in those cases
involving capital punishment.”

-Originally under the rules, the court may receive evidence from
the parties to determine the penalty imposable. This means that
presentation of evidence is discretionary on the part of the court.
And if presentation of evidence is allowed, it will only be
regarding the presence of aggravating or mitigating
circumstances. And If no attempt to prove modifying
circumstances by either side, accused’s admission is sufficient to
justify the imposition of the prescribed penalty.

*Note: There will be no conviction if the facts charged in the

information do not constitute and offense even if accused pleads
guilty.

*Improvident Plea of guilty

-Such as:
1- Accused is ignorant of the law and had no education and
pleaded guilty without full knowledge of its consequences
(Pp. vs Domended, 73 Phil 349);
2- Accused did not have the aid of counsel and it appears
that there was a clear mistake by the court as well as the
 fiscal and accused in entering a pela of guilty (Pp vs.
Serrano, 85 Phil 835);
3- Accused did not thoroughly understand the complaint
(US vs. Pacquit, 5 Phil 635); and
4- The information was read in the English language to
accused who does not understand the language.
-What is the rule in these cases?
-Ans. The court may permit an improvident plea of guilty to
be withdrawn and be substituted by a plea of not guilty at
any time before the judgement of conviction becomes final.

*Before arraignment, the court should inform the accused of his right
to counsel and ask him if he desires to have one. If non, court must
assign a counsel de oficio (lawyer appointed by the court) to defend him.

*Accused may:
-employ counsel of his own choice; or
-defend himself in person
-must be allowed in caution because even the most
intelligent or educated man may have no skill in the science
in law, particularly in the rules of procedure.

*Assignment of counsel de oficio

-member of the bar in good standing who, by reason of
experience and ability, can competently defend the accused.
-considering the gravely of the offense of the difficulty of the
questions that may arise

*Appointment of non-lawyers allowed? only when members of the bar

unavailable

*Bill of particulars – before arraignment

-Here, there is demand for specifications of the charge.
-purpose is to fully appraise accused of the true charge

*court may order the prosecution to produce and to permit the

inspection and copying or photographing of any written statements on
complainants and witnesses, as well as documents, papers, books,
letters, photographs, objects which are evidence against accused.
– to prevent surprises, suppression or alteration

*Grounds for suspension of arraignment (See: III (6) of the Revised

Guidelines for Continuous Trial)
 1- accused appears to be suffering from an unsound mental
condition which effectively renders him unable to fully
understand the charge against him and plead intelligently, or to
undergo trial and he has to be committed to a mental hospital;
2- A valid prejudicial question in a civil action is invoked during
the pendency of a criminal case;
3- An interlocutory order or incident is pending
resolution/decision for an indefinite period before a higher court
which has issued a temporary restraining order or writ of
preliminary injunction;
4- When the accused has jumped bail before arraignment and
cannot be arrested by the bondman.

C. Rule 117 -MOTION TO QUASH

*Motion to Quash is a special pleading filed by the accused
before entering his plea, which hypothetically admits the truth of
the facts spelled out in the complaint or information at the same
time that it sets up a matter which, it duly proved, would
preclude further proceedings.
-like a motion to dismiss

-An order denying motion to quash is interlocutory in character

and generally not appealable. Since the motion does not dispose
of the case upon its merits and is thus interlocutory, the proper
remedy is not certiorari (for grave abuse of discretion). If at all,
should be brought on appeal after the trial of the case (Vargas vs.
Tuazon, 103 Phil 588; Sasot vs. People, 462 SCRA 138).

*Grounds for Motion to Quash:

1- The facts charged do not constitute an offense;
-The accused has the constitutional right to be informed of
the nature and cause of the accusation against him. Hence,
all elements of the crime charged must be alleged in the
information, otherwise quashable.
-Example:
a) An information for theft does not state that the
stolen item belongs to another person;
b) If in a charged for direct assault, there is no
allegation in the complaint or information that the
 accused knew the position held by the person whom
he allegedly assaulted;
c) The alleged libelous communication is contained in
an appropriate pleading in court proceedings, hence
privileged in character.
-The remedy if motion to quash granted, the prosecution
will just amend the information or file the proper
information.
-The failure to move to quash does not imply a waiver of
the defects of the information.

2- The court trying the case has no jurisdiction over the offense
charged.
-The court where the information was filed may not have
jurisdiction over the subject matter or lacks territorial
jurisdiction.
-Examples:
a) an information charging the accused with rape was
filed with the MTC. Because Rape is under the
jurisdiction of the RTC;
b) an information charging a public officer with salary
grade 27 filed the with MTC. Because the information
should be filed with the Sandiganbayan.
c) an information for slight physical injuries
committed against a minor is filed with the MTC.
Should be filed with the Family court.

-Jurisdiction is determined by the facts alleged in the

complaint or information

*If after trial, the court finds that the crime committed
belongs to an inferior court, said trial court retains
jurisdiction and gives or imposes the appropriate penalty
(not to dismiss the same).

3- The court has no jurisdiction over the person of the accused

-Jurisdiction over the person of the accused is acquired by:
a) accused’s apprehension or arrest by virtue of a
warrant of arrest or under lawful warrantless arrest;
or
b) accused’s voluntary submission to the jurisdiction
of the court.
-Example is when the accused was arrested by virtue of
bad warrant
 -It can be waived by not contesting it.

4- The officer who filed the information had no authority to do

so.
-Who are the authorized persons to file information?
Ans. Prosecutors, -tanodbayan/ombudsman, lawyer
appointed by the Secretary of Justice

5- Lack of substantial conformity to the prescribed form

-requirements of good complaint/information under section
3 to 13, Rule 110.
-Examples:
-no name of offended party in the information
-accused are not all included in the information
-wrong designation of the offense in the information
-These are mere defects in matters of form and may be
cured by amendment of the information

6- More than one offense is charged, except when a single

punishment for various offenses is prescribed by law (complex
crimes)
-A complaint or information must charge but one offense,
except complex crimes.
-Accused should not be harassed with various offenses for
single act or single criminal intent
-Examples:
a) when the crime of libel was directed against 2 or
more persons, only one crime should be filed;
b) if theft of several items belonging to several
owners was made by the accused in one instance,
there should only be one crime of theft;
c) the of exploding a grenade killing 2 persons and
hurting others is only crime (complex crime) despite
several victims
d) but where homicide is committed then accused
burned the house to conceal or destroy body of
crime, they will be two separate offenses.

-This ground may be waived, hence accused may be

convicted of all the offenses charged (Pp vs. De Guzman, GR
No. L-7530, Aug. 30, 1958).

-This rule does not apply impeachment proceedings

7- The criminal action or liability has been extinguished.
-Article 89 of the RPC provides for the extinction of criminal
liability such as:
-death of accused
-amnesty of accused
-prescription of crimes
-prescription of penalty
-marriage of offended woman to accused pursuant to
Article 344 of the RPC
-pardon by offended party in adultery, concubinage
(Article 344 of the RPC) is a circumstance that
extinguish or removes criminal liability of an offender.

-This ground is not waivable so it may be raised at any

time of the proceedings.

8- Contains averments which, if true, would constitute legal

excuse or justification
-Example: If in the information of homicide, it states that
accused is suffering from insanity. Then the information
can be quashed because insanity is an exempting
circumstance. Then, there is no need to proceed w/ the
case.

9- The accused has been previously convicted or acquitted of the

offense charge, or the case against him was dismissed or
otherwise terminated without his express consent.
-This the case of double Jeopardy
-Section 21, Article III of the Constitution
-Requisites of double jeopardy:
a)- valid complaint or information;
b)- filed before a competent court;
c)- the accused pleaded to the charged;
d)- the accused is acquitted or convicted or the case
against him was dismissed or otherwise
terminated without his consent; and
e)- the second offense is the same as the first.

-double jeopardy protects the accused not from peril of

punishment again but against being tried again for the
same offense. Without it, accused’s safety, fortune and
peace of mind will be left to the mercy of the complainant.
-There should be identify of the offenses (first and second)-
the two offenses must be precisely the same or of the
same nature or of the same kind, so that the evidence to
sustain the other is the same.

-There is no double jeopardy in the criminal charge for

estafa and another criminal charge for violation of BP Blg.
22 involving the same dishonored check. The two do not
have the same elements and are punished by separate
laws.

-Double Jeopardy includes:

a) Prosecution for the same offense charged:
b) For any attempt to commit the same or frustration
thereof; or
c) For any offense, which necessarily includes or is
necessarily included in the offense charged in the
former complaint or information.

-Exceptions (no double jeopardy after conviction):

a) the new charge to a graver offense which
developed due to supervening facts arising from the
same act or omission constituting the former charge;

-like when the accused was charged and

convicted with frustrated homicide. Later, the
victim died and the accused was again charged
with homicide (consummated);
b) the facts constituting the graver offense became
known or were discovered only after a plea was
entered in the former complaint or information;
c) The plea of guilty to the lesser offense was made
without the consent of the prosecutor and of the
offended party except as provided in Section 1 (f) of
Rule 116 (or when offended party duty notified but failed
to appear).

-Once there is acquittal, there is no remedy of appeal or

review, otherwise there is double jeopardy when it is filed
again.
*Grounds for motion to quash is EXCLUSIVE. It means that no
other grounds may be entertained to quash complaint or
information.
-Hence, absence of preliminary investigation is not a
ground for motion to quash

*If ground is based on alleged defect of the complaint or

information which can be cured by amendment or information
w/o can be cured by amendment or that the facts charged do
not constitute an offense, the prosecution shall be given
opportunity to amend the same.

*If motion to quash is granted, the accused continues to be

detained, unless on bail, and the court allows prosecution time
which to file the appropriate information. But not when grounds
are:
a)- extinction of criminal action or liability;
b)- averment with legal excuse or justification; or
c)- double jeopardy

*Provisional dismissal
-The criminal charge against the accused is dismissed
temporarily or provisionally and may be revived (within 1
year from the date of dismissal for MTC cases and within 2
years for RTC cases). But must be *with the express consent
of the accused and *with notice to the offended party.

-requirements (in Pp vs. Lacson, April 1, 2003, 400 SCRA 267) :

a) There must be motion for the dismissal of the case
by the prosecution with the express conformity of the
accused, or by the accused himself, or both be
prosecution and the accused;
b) The offended party is notified of the motion;
c) The court issues order granting the motion; and
d) The public prosecution is served w/ a copy of the
order of provisional dismissed

-The dismissal becomes permanent if not revived after the

lapse of:
a) 1 year from issuance of the order for offenses
punishable by imprisonment not exceeding 6 years or
fine of any amount (MTC jurisdiction) or both;
b) 2 years from issuance of the order for offenses
 punishable by imprisonment of more than 6 years (RTC
jurisdiction).

*Failure to move to quash or to allege any ground therefore is a

waiver, except:
-Paragraph a -no offense charged
-Paragraph b -lack of jurisdiction
-Paragraph g -extinction of criminal action or liability
-Paragraph a -double jeopardy

-Hence, if accused failed to object or quash information charging

more than one offense (paragraph f), he may be convicted of the
offenses (as many of them as are charged , Pp vs. Benito, 57 Phil
587.

D. Rule 118 -PRE-TRIAL

-Pre-trial is the proceedings right after arraignment and plea
(arraignment and pre-trial to be conducted at the same day pursuant
to the guidelines for continuous trial).
-Pre-trial is mandatory in criminal cases
-purposes of pre-trial:
-to simplify the issues
-to shape up the testimonial and documentary evidence;
-to clear the desk for trial.
*effect: expediency of the trial

-These are the matters taken up during pre-trial conference:

1- plea bargaining;
-Here, the prosecution and accused may agree to a
plea of guilty to lower offense by accused (generally
done when evidence of prosecution is weak).
-appreciation of mitigating circumstances and the
absence of aggravating circumstances (for a purpose
of probation).
-dismissal of other charges against the accused if he
enters a plea of guilty to the charge under
consideration.

-note: There is plea bargaining in some cases for

violation of the provisions of RA No. 9165 (drugs law).
See SC AM No. 18-03-16 - Plea Bargaining
Framework in Drugs Cases.
2- Stipulation of Facts
-This pertains to part of the pre-trial wherein facts
are admitted both by the prosecution and the
accused. If there will be agreement on the existence
of some facts, there is no more need to present
evidence to prove the same because they are already
admitted facts.
-This will expedite the proceedings
-Examples:
a) In the case of violation of BP Blg 22
(bouncing check law) case, if the accused will
admit during the pre-trial (stipulation of facts)
that the check he issued was dishonored by the
bank for insufficiency of funds, then there will
be no need to present bank personnel to prove
the dishonor or non-payment of the check;

b) If fact of birth or fact of marriage is

admitted, there will be no need to present birth
certificate or marriage contract.

-The pre-trial agreements/admissions should be

reduced in writing and signed by the accused and the
counsel otherwise it cannot be used against him (sec.
2, Rules 118).

-remedy of prosecution if admission not signed (by

accused and his lawyer), in to present evidence
regarding it.

3- Marking for identification of evidence of the parties

-includes marking of documentary and object pieces
of evidence as exhibits. Includes also the naming of
witnesses.
*Generally, the prosecution will mark their exhibits
starting from Exhibit “A”, “B”, “C” etc.
*defense as Exhibit ”1”, ”2”, “3” etc.

-The accused is entitled to be furnished by the

prosecutor with list of witnesses to be presented
against him (to avoid surprises and enable the defense
to examine their record, morality and character, Pp vs.
Palacio 108 Phil 232).
 4- Waiver of objections to admissibility of evidence

5- Modification of the order of trial if the accused admits

the charge but interposes a lawful defense
-like reverse trial if the accused raises self-defense

6- Other matters w/c will promote a fair and expeditions

trial in the criminal and civil aspects of the case.
-trial dates are scheduled (1 day 1 witness rule)

-Sanctions to non-appearance during pre-trial conference only

applies to prosecutor and counsel of the accused (not to be
accused who has the right to remain silent).

CRIMINAL PROCEDURE and COURT TESTIMONY

I. Reference Materials or Sources of the Topics:

A. The RULES OF COURT

-a) Rule 110 to Rule 127 -criminal procedure
-b) Rule 130 to Rule 134 -rules on evidence particularly the
rules on testimonial evidence
B. Supreme Court Resolutions, Issuances or Circulars
-Revised Rules on Summary Procedure
-OCA Circular No. 101-2017 -Revised Guidelines for Continuous
Trial of Criminal Cases
-OCA Circular No. 119-2021 –the use of video conferencing
-A.M. No. 12-8-8-SC -Rule on Judicial Affidavit
-SC AM No. 18-03-16 -Plea Bargaining Framework in Drugs
Cases
C. Philippine Constitution
-Bill of rights -Article III
-creation of the Supreme Court and lower courts -Article VIII
 D. Statutes -Batas Pambansa Bilang 129 (Judiciary Reorganization
Act of 1980), as amended by RA No. 7691

E. Supreme Court decisions (jurisprudence)

II. Coverage for the Third Grading Period or FINALS: Rule 119 (TRIAL)
up to Rule 122 (APPEAL), Rule 126 (SEARCH AND SEIZURE) of the Revised
Rules on Criminal Procedure of the Rules of Court and COURT and COURT
TESTIMONY (Rules on Evidence of the Rules of Court).

III. INSTRUCTIONS:
a. Read and understand the assigned specific provisions of the rules and
other pertinent procedural laws;
b. For better understanding, refer to some notes, discussions, explanations
and Supreme Court cases rulings or pronouncements made available in this
module;
c. Be able to correctly or properly apply the provisions of the rules of
court on criminal procedure in given case scenarios or case problems. The
same will be given later as an evaluation or assessment of your part.

A. Rule 119 -TRIAL

-Defined. Trial is the examination before the court of the facts in
issue for the purpose of determining such issue. (When we say
facts in issue, it pertains to facts subject of controversy or facts not
admitted by both parties so it must be proven by evidence by the
party claiming it).
-involves hearing and reception of evidence
-time to prepare for trial after plea (of not guilty)
-trial should commence within 30 days from receipt of the pre-
trial order
-continuous trial until terminated
-since accused has the right to a speedy trial
-in no case shall exceed 180 days from first day of trial
-reasonable delay (allowed under the rules):
1) Any period of delay resulting from other proceedings
concerning the accused, including but not limited to the
following:
a) Delay resulting from an examination of the
physical and mental condition of the accused;
b) Delay resulting from proceedings with respect
to other criminal charges against the accused;
c) Delay resulting from extraordinary remedies
against interlocutory orders;
 d) Delay resulting from pre-trial proceedings;
provided, that the delay does not exceed thirty
(30) days;
e) Delay resulting from orders of inhibition, or
proceedings relating to change of venue of
cases or transfer from other courts;
f) Delay resulting from a finding of the existence
of a prejudicial question; and
g) Delay reasonably attributable to any period, not
exceed thirty (30) days, during which any
proceeding which any proceeding concerning
the accused is actually under advisement.

2) Any period of delay resulting from the absence or

unavailability of an essential witness.
-For purposes of this subparagraph, an essential
witness shall be considered absent when his
whereabouts are unknown or his whereabouts cannot
be determined by due diligence. He shall be
considered unavailable whenever his whereabouts
are known but his presence for trial cannot be
obtained by due diligence.

3) Any period of delay resulting from the mental

incompetence or physical inability of the accused to stand
trial.

4) If the information is dismissed upon motion of the

prosecution and thereafter a charge is filed against the
accused for the same offense, any period of delay from the
date the charge was dismissed to the date the time
limitation would commence to run as to the subsequent
charge had there been no previous charge.

5) A reasonable period of delay when the accused is joined

for trial with a co-accused over whom the court has not
acquired jurisdiction, or, as to whom the time for trial has
not run and no motion for separate trial has been granted.

6) Any period of delay resulting from a continuance

granted by any court motu proprio, or on motion of either
the accused or his counsel, or the prosecution, if the court
granted the continuance on the basis of its findings set
forth in the order that the ends of justice served by taking
such action outweigh the best interest of the public and the
accused in a speedy trial. (Sec. 9, Circular 38-98)
 -Failure to bring the accused to trial within the time limit could
be a ground for dismissal of the information on the ground of the
right to speedy trial.
-The private counsel for the accused, the public attorney, or the
prosecutor may be sanctioned (penalized) for causing
unreasonable delay (see Section 8).

*Order of Trial (Section 11)

-Trial shall proceed in the following order:
1. The prosecution shall present evidence to prove the
charge and, in the proper case, the civil liability.
2. The accused may present evidence to prove his
defense, and damages, if any, arising from the
issuance of a provisional remedy in the case.
3. The prosecution and the defense may, in that order,
present rebuttal and sur-rebuttal evidence unless the
court, in furtherance of justice, permits them to
present additional evidence bearing upon the main
issue.
4. Upon admission of the evidence of the parties, the
case shall be deemed submitted for decision unless
the court directs them to argue orally or to submit
written memoranda.
5. When the accused admits the act or omission
charged in the complaint or information but
interposes a lawful defense, the order of trial may be
modified.
-Example: In a case of homicide, the accused
raises or interposes a lawful defense like self-
defense. It means that he admits having
assaulted the victim that led to death. In this
case, he has now the burden of proving that
slaying or killing was justified. Hence, a reverse
trial where it will now be the accused who will
first present his evidence (Pp vs. Bejana, 64
SCRA 84; Sucay vs. Sandianbayan, 142 SCRA 593).

-How will the prosecution prevent evidence?

-Through presentation of witnesses to prove the elements of the
crime, the author or authors thereof (accused) and, when proper,
the civil liability.
-privilege of the prosecution to present such number of
witnesses as if deems sufficient. When an act is witnessed by
 many, it is not necessary to present all the witness but only
sufficient number of them.
-What is rebuttal evidence?
-any evidence to explain, repel, counteract or disprove the
adversary’s evidence. It is receivable only when new matters
have been developed by the evidence of one party and is
generally limited to a reply to new points.
-As a general rule, rebuttal evidence is presented by the
prosecution after the defense presented its evidence.
-What is sur-rebuttal evidence?
-any evidence to counteract or disprove the rebuttal evidence
-by the defense after rebuttal evidence is presented.

*Illustration for better understanding:

X was charged with homicide.
1- The prosecution presents the following: a) an eye witness to
the stabbing incident; b) the responding police officer who
collected the pieces of evidence; c) the doctor who declared
the death of victim and his expert opinion as to the cause of
death of the victim; and d) the wife who will identify the
victim as her husband and who will testify on civil damages;
2- The defense presents the accused as the only witness and
who claims alibi, that is, that he reported for duty when the
crime was committed;
3- The prosecution presents rebuttal evidence by presenting the
employer of X who will testify that he did not see X during
that day;
4- The defense present sur rebuttal evidence by presenting a
document (like daily time record or record book) showing that he
reported for duty at that time.

*A trial court may, in the exercise of discretion and w/n reasonable

limits, reopen a case for the purpose of rehearing evidence of either
side unless a party can show that his substantial rights will be
prejudiced by the exercise of such discretion (Pp vs. Tabuche, 46 Phil
28; US vs. Tria, 17 Phil. 303).

*Before submission of the case for decision, the court may require the
parties to oral arguments or the submission of respective memoranda
or arguments.

*But before trial:

 a) The accused may apply for examination of witnesses who will
not be able to attend the trial because of sickness or infirmity
(weakness or illness that usually last for long time) or residing more
than 100 kilometers from the place of trial and has no means to
attend the same or other similar circumstances;
b) Examination of witness for prosecution
-deposition of witnesses who is also sick or infirm or will be
leaving the country will be unavailable during trial.
-bail may be asked to secure the appearance of material witness
(sec. 14).
-for non-appearance of a witness, court may commit him to
prison until compliance or is discharged as witness or may cite
him for contempt.

*Trial of several accused (2 or more)

-General rule: -jointly (or no separate court proceeding for each)
-Exception: -separate trial for one or more accused upon
motion of the prosecution or defense. But
discretionary on the part of the court.
-Example is where each accused has each
defenses antagonistic to each other

-if granted separately, prosecution has the duty

to repeat and produce all its evidence at each
and every trial unless parties agree to adopt the
first proceedings.
-applied in adultery case where the acquittal of
one does not bar the prosecution and
conviction of the other. But while both must be
charged in one information as provided for by
law, both need not necessarily have a joint trial.

*Discharge of an accused to be state witness (Section 17)

-Applies when there are 2 or more accused jointly charged in one
information/complaint and one or more may be discharged as
accused and be utilized as a witness or witnesses against the co-
accused.
-when availed of? -upon motion of prosecution before
resting its case
-requirements:
1 -absolute necessity of accused’s testimony;
-because there are no other witnesses who can prove the
crime and/or who can identify the perpetrators of the
crime.
 2 -no other direct evidence to prove the crime and the
authors;
-if there be other direct evidence (other eye witnesses),
there will be no need for a state witness from the
accused.
3 -testimony of the accused can be substantially
corroborated in its material point;
-the testimony of the intended state witness is not
inconsistent with gathered evidence.
4 -the accused does not appear to be the most guilty;
and
-The intended state witness could be an accessory or an
accomplice in the crime only.
5 -the accused was not convicted of any crime
involving moral turpitude.
-act done contrary to justice,
honesty, modesty, or good morals like
estafa, perjury, bigamy, rape, murder,
kidnapping, robbery, threats
-but not when it is illegal possession of
firearm

-Modes of becoming a state witness:

1 -discharge under Sec. 17, Rule 119;
2 -witness protection program under RA No. 6981 (grave
felony; subject to threats etc.)
3 -power of the ombudsman to grant immunity under Sec.
17 of RA 6770;
4 -Immunity under PD 749;
5 -Immunity under EO No. 14-A;
6 -Immunity under section 33, RA 9165 (Drugs law); &
-Against drug syndicate
7 -Immunity under the Anti-Terrorism law

-Rationale of the rule:

-numberless crimes would go unpunishable and insolent
and contumacious criminals would often times defy the law
w/ impunity because of absence of witness.

-Principles governing rights of the prosecution to use accused as

state witness:
a) If 2 or more offenders, they must all be charged;
 b) If there is desire to use one of those charged,
prosecution must ask the court to discharge him after
complying with the conditions set by law;
c) Prosecution to adduce evidence in support of the motion
for discharge; also the sworn statement of intended
witness must be submitted;
d) Sound discretion of the court. The court may or may not
allow the same.

-Effect of discharged of accused upon order of the court

-operates as an acquittal of the accused discharged and
future prosecution involving the same crime is barred or
prohibited.
-state witness may apply for admission into witness
protection program.

-The only instance where the trial court may recall its order
discharging the accused to become state witness is when he
subsequently fails to testify against his co-accused. (Pp vs
De Los Reyes, 215 SCRA 63).
-in such a case, his re inclusion must be made in the same
information.
-it accused later retracts and fails to keep his part of the
agreement with the government, his confession made under
such promise may then be used against him (Pp vs. Panaligan, 43
Phil 131; Pp vs. Beberino, 79 SCRA 694)

-Effect of courts denial to discharge one of the accused as state

witness: -his sworn statement shall be inadmissible in evidence.

-mistake in the charge in the information.

Rule: the court will dismiss the charge but will not
discharge the accused and commit him to answer for the
proper charge upon the filing of the information bearing
the correct charge.
-done any time before judgement
-Section 19, Rule 119
Example: -When the charge is theft but evidence tends to
prove estafa, an information charging the
accused may be filed and the information for
theft be dismissed.
-But not when homicide to murder, a murder to
parricide -accused should be convicted of the
 original charge and could not be convicted of a
higher offense. (US vs. Campo, 23 Phil 368)

*Exclusion of the Public (Sec. 21)

-General rule: There is right to public trial. There should be
public trial which means that the public is not prohibited from
entering the court while proceedings is going on (for as long as he
behaves himself and there is space for him).
-But there is the instance when the public in prohibited or
excluded from attending the proceedings in court -evidence to be
presented is offensive to decency or public morals.
-But the exclusion does not extend to the parties
-Example: when victim will testify on rape the incident, the
public may be excluded from hearing the testimony
except the accused (who has the constitutional right to
meet his accuser, hear his testimony and cross-examine
him) and his counsel.
-By special laws
-cases involving child abuse under RA 7610, hearing in the
chamber of the Family court;
-Anti-Trafficking in Persons Act –there may be a closed
door investigation or prosecution
-public excluded from proceedings involving CICL under the
Juvenile Law

-Consolidation of trial may be allowed by court (Section 22)

-2 or more informations founded on the same facts or forming
part of a series of offenses of similar character may be
consolidated to be heard by one court.
-not affecting the substantial rights of the accused.

*Demurrer to Evidence (Section 23)

-remedy of an accused to cause the dismissal of the complaint
against reasoning that the evidence presented by the prosecution
against him is insufficient.
-So after the prosecution rests its case (or after the prosecution
presented all its evidence), the court may dismiss the case on the
ground of insufficiency of evidence.
-The dismissal may be in the following manner:
a) on the court’s own initiative after giving the prosecution
the opportunity to be heard; or
b) upon demurrer to evidence filed by the accused with or
without leave of court
 -period within which to file demurrer to evidence by accused
-10 calendar days from the date leave of court is granted
(Revised Guidelines for Continuous Trial III 13 par. d)
-If demurrer denied:
a) the accused is allowed to adduce evidence in his behalf
if he initiated demurrer to evidence if with leave of court;
b) otherwise if without leave of court, accused is not
allowed to present evidence and the decision will be
rendered based on the evidence presented by the
prosecution.
-leave of court (with permission of the court) is needed to avoid
the filing of demurrer based on flimsy or frivolous rounds
-hence, accused should file a motion with the trial court to
grant him leave to file a motion to demurrer to evidence.
Note that under the Revised Guidelines for Continuous
Trial, the accuse may orally move for leave of court to file
demurrer to evidence after the prosecution rests its case.
The court shall likewise orally resolve the motion whether
to grant or deny the same. If the court grants the same,
the accused may now file his demurrer to evidence and the
prosecution is given the chance to make its opposition or
comment thereto.
-If demurrer to evidence was filed but there is no leave of
court and the demurrer is denied, there is waiver of the
right of the accused to present evidence, or the accuses
losses his right to present his evidence.
-in one case, it was held that because the accused filed a
demurrer to evidence, he is deemed to have submitted the
case for decision based on the evidence presented by the
prosecution (Pp vs. Jandayan, 170 SCRA 670).
-also, by moving to dismiss on the ground of insufficiency
of evidence, there is waiver to present evidence.

-Parenthetically, there is no difference between the motion to

acquit filed by the accused and demurrer to evidence (Garoy vs.
CA 165, 148).

-If motion to dismiss is granted or sustained by the court, the

order of dismissal in tantamount to an acquittal of the accused.
-The order of denial of the motion for leave to file demurrer to
evidence itself shall not be reviewable by appeal or cerciorari
before judgement. (Sec. 23)

*Reopening of the proceedings

 -may be allowed by the trial court (Sec. 24)
-even after the prosecution and the accused rested their
respective cases and at any time before finality of the
judgment of conviction, proceedings may be reopened in
order to avoid miscarriage of justice.
-available to prosecutor and accused

*Trial in absentia (there is trial even in the absence of the accused)

-Requisites of Trial in Absentia:
1- There has been an arraignment;
2- The accused has been notified of the scheduled
hearings or proceedings)
3- The accused failed to appear and his failure to do so
is unjustified
(Gimenez vs. Nazareno, 160 SCRA 1)

B. Rule 120- JUDGMENT

-Defined. Judgment is the adjudication by the court that the
accused is guilty or not guilty of the offense charged and
the imposition on him of the proper penalty and civil
liability, if any.
-other requirements: -judgment or decision must be prepared and
signed by the judge himself;
-judgement must be in writing; and
-judgment must contain clearly and distinctly a
statement of the facts and the law upon which
it is based.
-If in verbal, not absolutely void. The remedy is petition for mandamus
to compel the court to put the decision in writing (Talabon vs. Iloilo
Provincial Warden, 79 Phil 599)
-Hence if orally made, written decision should follow.
-Contents of judgment (of conviction) – sec.2
a- legal qualification of the offense
-it includes what particular law violated or the name of
crime;
b- participation of the accused whether as principal,
accomplice or accessory;
c- penalty; and
d- civil liability or damages caused unless claim for civil liability
was made in a separate civil action
 Example: ”The court is of the opinion that accused are guilty
beyond reasonable doubt and sentences them each
with 5 years in the Bilibid…”
-This is defective for it does not express the
exact penalty that the law prescribes (Us vs.
Avillar, 28 Phil 131)

-Judgment on the civil liability

-It includes -restitution (like to return the item stolen in theft)
-reparation (like restoration of the damage parts
of a vehicle in a reckless imprudence resulting in
damage to property case)
-indemnification of consequential damages ( like
payment of hospital expenses, moral damages
etc.)
-Example: -There is indemnity for victims of rape not only when
she will have offspring.

-Civil liability on judgement of acquittal

-still possible when: there is no determination by the court that
the act from which the civil liability might arise did not
exist (Sec.2)
-thus, the civil liability is not extinguished by acquittal where the
acquittal is based on reasonable doubt as only preponderance of
evidence is required in civil case where the court expressly
declares that the liability of the accused is not criminal buy civil in
nature.
-No need for a separate proceeding
-Example: If the crime is theft, estafa, malicious mischief
committed against a victim by his/her relative (like a
son against his grandfather or a wife against her
husband), Article 332 of the Revised Penal Code
exempts the offender from criminal liability but not
civil liability. Hence, while there may be acquittal, the
court may still order the acquitted accused to pay the
complainant.

-Judgment of acquittal
-well settled is the rule that acquittal, in criminal case, is
immediately final and executory upon its promulgation, and that
accordingly, the state may not seek its review without placing the
accused in double jeopardy (Barbers vs Laguio, Jr., 351 SCRA 606).
 -Neither may accused on appeal invoke the acquittal of his co-
conspirator to merit reversal of his conviction (Pp vs. Dulay 535
SCRA 656)

-Even if acts of the accused is found to be unethical, immoral or

otherwise reprehensible, the court must acquit him if no penal
law violated. Nonetheless, the court may express disapproval or
reprehension of those acts to avoid the impression that by
acquitting the accused, he approves or admires his conduct. But
not to censure him because censure no matter how light it may
be, still a penalty or a punishment under the penal law
repugnant to acquittal.

-Order of reinstatement (from work) and payment of back wages

in case of acquittal is not allowed. What the court will determine
only in criminal case is the commission of the crime and the guilt
of the accused.

-When 2 or more offenses are charged in a single complaint or

information but the accused fails to object to it before trial, the
court may convict him of as many offenses as are charged and
proved, and impose the penalty for each offense (Sec. 3)

-Also, duplicitous information but accused failed to challenge is

waiver.

-Conviction of an offense other than that charged in the information or

complaint and generally, a lesser offense.
-conviction is proper only if the offense proved is included in the
charge or the offense charged is necessarily included in the
offense proved.
-Example:
-in a criminal charge for robbery, the accused may
be convicted for theft because the crime of
theft is included in the description of the crime
of robbery in the information or complaint.
-conviction of robbery only in criminal charge for
robbery with rape
-from kidnapping for ransom to simple robbery
-from malversation of public funds to estafa
-from Forcible abduction to illegal detention (if no
lewd design is proven)
-from Willful falsification to negligent falsification
(Samson vs. ca, 103 Phil 277)
 -conviction for robbery in brigandage
-conviction of homicide in murder
-physical injuries in attempted homicide
-discharge of firearm in frustrated homicide

-But conviction to greater offense is not allowed

-Example: If the charged is attempted murder but
evidence presented proved frustrated homicide,
the accused may be convicted of attempted
homicide only and cannot be convicted of
frustrated homicide, the latter being more
serious crime. And this is true even if the
evidence is strong, conclusive and convincing.
-Also if the charge is forcible abduction, the
accused cannot be convicted of the crime of
forcible abduction with rape even if there is
strong evidence that the victim was raped also.

-The rule is that court’s jurisdiction is determined by the

allegations in the information or complaint and not only by the
result of the evidence presented during trial, much less, the trial
judge’s personal appraisal of the affidavits and exhibits attached
by the fiscal to the record of the case, without hearing the
parties and their witnesses nor receiving the evidence at a proper
trial.
-Here, the court is not divested (or stripped off) of its
authority or jurisdiction if, after trial, the offense proven to
have been committed is a lesser offense and outside of its
jurisdiction. Thus, the trial court may still issue judgment of
conviction with the lesser offense or acquittal based on the
evidence presented. But, if lesser offense proved already
prescribed, the court cannot convict the accused.

*Promulgation of judgment (Sec.6)

-make known officially and publicly a judgement
-How done?
-by reading the judgement the presence of the accused.
-but if conviction is for a light offense, the judgement may
be pronounced in the presence of his counsel or
representative.
-if the accused is confined or detained in another
province/city, the judgment may be promulgated by the
executive judge of the RTC having jurisdiction over the
 place of confinement or detention upon request of the
court which rendered the judgement.
-In this case, the court that promulgated the judgement
has authority to accept notice of appeal and approve the
bail bond pending appeal but if the decision of the trial
court convicting the accused changed the nature of the
offense from non-bailable to bailable, the application for
bail can only be filed and resolved by the appellate court.

-If the accused fails to appear at the scheduled date and

promulgation despite notice, the promulgation shall be made by
recording the judgment in the criminal docket and serving him a
copy thereof at his last known address or through his counsel.
-this is known as Promulgation in absentia
-90-day period w/n w/c to promulgate from the date of
submission of the case for decision (constitutional provision)
-Promulgation requires the presence of the accused regardless of
result (conviction or acquittal). Purpose: not to anticipate result or
outcome.

-Judgement of conviction generally becomes final after the lapse of

the period for perfecting on appeal (15 days), except where death
penalty (automatic review) is imposed.
-but before it becomes final, it may be modified or set aside. Unless
waived like by filing petition for probation by the accused.

-Judgment of acquittal becomes final immediately after

promulgation and cannot be modified, amended, corrected (Castillo vs
Avaya. 94 Phil 1014)

-“Mittimus” -execution of judgment directed to the sheriff (staff of

the court whose main work is to execute decisions/orders of
the court) or police officer to escort convict to prison.
-“commitment order”

-Suspension of Sentence
-allowed in youthful offenders (Child and Youth Welfare Code, PD
No. 603)

B. Rule 121 – NEW TRIAL OR RECONSIDERATION

*New Trial- Defined.
-The proceeding whereby errors of law or irregularities are
expunged from the record, or new evidence is introduced, or
both steps are taken.
-Grounds for new trial:
1. Errors of law or irregularities prejudicial to the
substantial rights of the accused have been
committed during the trial;
-here, if errors of law and irregularities are
expunged (removed) from the records, then there
will be no basis for the judgment so a trial will
again be conducted.
2. New and material evidence has been discovered
which the accused could not with reasonable
diligence have discovered and produced at the trial
and which if introduced and admitted would probably
change the judgment.
-newly discovered evidence- one which
could not, by the exercise of due diligence,
have been discovered before the trial in the
court below.
-discovered only after trial
-must affect the result or cause reversal of
the judgment
-new trial is not the same as reopening of trial
because the latter is made before judgment
while the former is made after judgment (of
conviction) but before it becomes final.

-Instances where new trial allowed:

a) The judge virtually acted as the prosecuting
officer in the examination of witnesses and
considered volunteered information during
ocular inspection which was not even made
of record (Pp vs. Castaneda, 63 Phil. 480)
b) The accused was brought to trial without the
benefit of preliminary investigation over his
objection.
c) trial proceeded without accused’s counsel
-but not when error of the defense counsel in
the conduct of the trial because the client is
bound by the action of his counsel. Except,
where incompetence of counsel is so great
prejudicial to the client (accused).

-what about recantation of witnesses? (withdrawal of

his/her testimony).
 -this is allowed only under very exceptional
circumstances
-Example of the exceptional circumstances is
when testimony was under duress or
intimidation

-Courts may, however, suspend their own rules or

except a case from them for the purpose of justice.
-see examples Revised Rules of Criminal Procedure
by Pamaran page 621

*Reconsideration. Defined
-The proceeding for the court to reconsider its judgment on the
ground of errors of law or fact.
-errors of facts (misappreciation of facts)
-errors of law (misapplication of laws)
-Here, the court is given the chance to reconsider and
correct its own judgment because it may have
misapreciated the facts or misapplied the law.
-Example: When the accused is convicted as principal in
the crime when evidence shows that he is
only an accomplice. –misappreciation of facts

-Note that both new trial and reconsideration are addressed

to the same court that issued or rendered the judgment.
-Note also that it is availed only in case of judgment of
conviction, hence, it is the accused who may avail of it. But the
court, at its own initiative and with the consent of the accused,
may allow new trial or reconsideration.
-If availed by the accused, he files a motion in court (Motion for
New Trial or Motion for Reconsideration).

*Effects of granting new trial/reconsideration

1- New trial granted (errors of law or irregularities committed)
-all the proceedings and evidence set aside and taken
anew. The court may, in the interest of justice, allow
the introduction of additional evidence.

2- New trial based on a newly discovered evidence

-evidence already adduced stands and new evidence
be introduced and considered.

3- In all cases, the original judgment is set aside or

vacated and a new judgment is accordingly issued.
 *Effect of new trial
-Consequently, the case stands as if there had never been
a trial or has taken place.

C. Rule 122- APPEAL

-Defined. Appeal is a legal proceeding by which a case (which has
been decided) is brought before a higher court for review of the
decision of the lower court (Merriam Webster dictionary).
-who may appeal?
-any party may appeal from a judgement or final order, unless
the accused will be placed in double jeopardy (Sec.1)
-any party includes the government, the accused and even
other people such as the complainant who may be affected
by the judgement.
-But note that no appeal from the judgment of acquittal because
verdict of that nature is immediately final and to try the same accused
on the merits, even in an appellate court, is to put him a second time
in jeopardy for the same offense. –“double jeopardy”
-The Constitution provides: “No person shall be twice put in
jeopardy of punishment for the same offense”.
-Double Jeopardy includes:
1. a subsequent prosecution in a new and independent
cause;
2. an appeal in the same case by the prosecution after
jeopardy had attached (Republic vs. CA, 116 SCRA 505);
3. dismissal of the case upon demurrer to evidence filed
by the accused.
-even if the order sustaining the demurrer to
evidence was erroneous, the prosecution cannot
appeal such order (Pp vs. Intion 70 SCRA 289)
4. dismissal of the case on the ground of lack of
jurisdiction although it appears that the court has
jurisdiction over it, the order of dismissal is already
unappealable (Pp vs. Duran, 2017 Phil. 973; Pp vs.
Bangalao, 94 Phil 354)

-Exception (or instances where appeal is permissible):

-in cases where accused is not placed in double
jeopardy.
-Examples:
a) where information was quashed prior to the
arraignment;
-no jeopardy attaches yet
 b) case was provisionally dismissed w/ the
consent of the accused;
c) grave abuse of discretion is tantamount to
lack or excess of jurisdiction like:
-when court dismisses the case for
non-appearance of vital witness who
was not properly notified of the trial
date (Pp vs. Pablo, 9 SCRA 289);
-where accused pleaded guilty to the
charge but when allowed to present
evidence to mitigating circumstance,
he proved self-defense instead and the
court acquitted him. the judgement
may be subject of appeal since it is a
patent nullity and consent, therefore, a
basis for a claim and former jeopardy
(Pp vs. Balicasan, 17 SCRA 1119).

-But with respect to the civil liability, the prosecution may appeal the
judgment for that particular purpose.
-Example is when no civil liability is awarded but it was proven during
the trial.
-what to appeal?
-only judgement or order that has not yet become final.
-when does a judgment becomes final?
-after the lapse of 15 days from promulgation of judgement or
from notice of the final order.
-where to appeal?
1. cases decided by MTC/MCTC/Metropolitan Trial Court
-to the RTC
2. cases decided by the RTC
-to the CA or to SC in proper cases provided by law
3. cases decided by CA
-to the SC

D. RULE 126 Search and Seizure

-Search warrant defined. — A search warrant is an order in
writing issued in the name of the People of the Philippines,
signed by a judge and directed to a peace officer, commanding
him to search for personal property described therein and bring it
before the court.
-note that a prosecutor is not authorized by law to issue a
search warrant and warrant of arrest.
-Where application for search warrant shall be filed?
-An application for search warrant shall be filed with the
following:
a) Any court within whose territorial jurisdiction a
crime was committed.
b) For compelling reasons stated in the
application, any court within the judicial region
where the crime was committed if the place of
the commission of the crime is known, or any
court within the judicial region where the
warrant shall be enforced.

However, if the criminal action has already

been filed, the application shall only be made in
the court where the criminal action is pending.
-What personal property to be seized?
-A search warrant may be issued for the search and
seizure of personal property:
1. Subject of the offense;
2. Stolen or embezzled and other proceeds,
or fruits of the offense; or
3. Used or intended to be used as the
means of committing an offense.

-Requisites for issuing search warrant

-A search warrant shall not issue except upon
probable cause in connection with one specific
offense to be determined personally by the judge
after examination under oath or affirmation of the
complainant and the witnesses he may produce, and
particularly describing the place to be searched and
the things to be seized which may be anywhere in
the Philippines.
-Examination of complainant; record
-The judge must, before issuing the warrant,
personally examine in the form of searching
questions and answers, in writing and under oath,
the complainant and the witnesses he may produce
on facts personally known to them and attach to the
record their sworn statements, together with the
affidavits submitted.

-Issuance and form of search warrant

-If the judge is satisfied of the existence of facts
upon which the application is based or that there is
probable cause to believe that they exist, he shall
 issue the warrant, which must be substantially in the
form prescribed by these Rules.

-Right to break door or window to effect search

-The officer, if refused admittance to the place of
directed search after giving notice of his purpose and
authority, may break open any outer or inner door or
window of a house or any part of a house or anything
therein to execute the warrant or liberate himself or
any person lawfully aiding him when unlawfully
detained therein.

-Search of house, room, or premise to be made in

presence of two witnesses
-No search of a house, room, or any other premise
shall be made except in the presence of the lawful
occupant thereof or any member of his family or in
the absence of the latter, two witnesses of sufficient
age and discretion residing in the same locality.

-Time of making search

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

-Validity of search warrant

-A search warrant shall be valid for ten (10) days
from its date. Thereafter it shall be void.

-Receipt for the property seized

-The officer seizing property under the warrant must
give a detailed receipt for the same to the lawful
occupant of the premises in whose presence the
search and seizure were made, or in the absence of
such occupant, must, in the presence of at least two
witnesses of sufficient age and discretion residing in
the same locality, leave a receipt in the place in
which he found the seized property.

-Delivery of property and inventory thereof to court ; return

and proceedings thereon
1. The officer must forthwith deliver the property
seized to the judge who issued the warrant,
 together with a true inventory thereof duly
verified under oath.
2. 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 was
issued and require him to explain why no return
was made. If the return has been made, the
judge shall ascertain whether section 11 of this
Rule has been complained with and shall
require that the property seized be delivered to
him. The judge shall see to it that subsection
(1) hereof has been complied with.
3. The return on the search warrant shall be filed
and kept by the custodian of the log book on
search warrants who shall enter therein the
date of the return, the result, and other actions
of the judge.

A violation of this section shall constitute contempt of

court.

-Search incident to lawful arrest

-A person lawfully arrested may be searched for (1)
dangerous weapons or (2) anything which may have
been used or constitute proof in the commission of
an offense without a search warrant.

-Motion to quash a search warrant or to suppress

evidence; where to file?
-A motion to quash a search warrant and/or to suppress
evidence obtained thereby may be filed in and acted upon
only by the court where the action has been instituted. If
no criminal action has been instituted, the motion may be
filed in and resolved by the court that issued the search
warrant. However, if such court failed to resolve the motion
and a criminal case is subsequent filed in another court,
the motion shall be resolved by the latter court.

E. COURT TESTIMONY
*Some notes:
-Evidence consists of documentary, object and testimonial.
-Presentation of evidence for the appreciation of the court is not
just by submitting or handing over the documentary and object
evidence to the court, unless such documents or pieces of object
evidence (presented by one party) are admitted (by the opposing
 party) or are not anymore issues or disputes to be decided upon.
This is because the rule is that these documentary or object
evidence must be identified and testified to by a witness who
has, in any way, personal knowledge about the document or the
object evidence. Hence, testimonial seems to be the most
important evidence because during the presentation of
testimonial evidence, it is also at that time that documentary
and/or object evidence are presented for the appreciation and
consideration of the court.
-As a rule, a witness must have personal knowledge of the facts
subject of his/her testimony. Facts derived by the use of his/her
senses (vision, hearing, smelling, taste, etc.)
-No age, religious belief, race, political affiliation, conviction of a
crime etc. as disqualification for the witness for as long as he can
perceive and capable of making his perception known (or
conscious and understands what is happening and can express
himself to relate the same to the court).

*Who is a witness?
-a witness is one who has personal knowledge on the facts in
issue capable of relating the same to the court and who is not
otherwise disqualified by law or the rules.
-Facts in issue are those facts not admitted (by both
parties) or facts in dispute or controversy, hence, evidence
must be presented by the party claiming the same.
-Example: If prosecution claims that the victim is a
senior citizen but the defense/accused does
not admit, then the prosecution has to
present evidence like birth certificate to show
the age of the victim.
-Note that any witness (except the accused who will testify in his
behalf) who will testify in court falsely may be criminally liable for
False Testimony (Articles 180-183 of the b Revised Penal Code).
-a witness (for the prosecution or for the defense) may be
compelled to testify should he/she refuses to do so.

*How a witness will testify as a general rule?

-Personally
-no proxy or representation since testimony is based on
personal knowledge.

-Orally
 -Witnesses must testify orally to relate his personal
knowledge about the facts in issue (except sign languages
which is allowed for some witnesses);
-Even if his/her testimony is reduced in writing (sworn
statement, affidavit or judicial affidavit that may serve as direct
testimony), he/she must personally testify to identify the
same in court as the same document he/she executed or
prepared.

*Where to testify?
-in open court, except:
a) during ocular inspection where it is done outside the
court but at another place like the place where the
crime was allegedly committed; or
b) under exceptional circumstance like this time of the
pandemic where the court implemented the use of
video conferencing (the witness parties need not go to
court and witnesses need not testify inside the court
room but elsewhere through video conference). -OCA
Circular No. 119-2021 –the use of video
conferencing.

-When we say courts, it generally pertains to the trial courts

which are:
a) Municipal Trial Court, Municipal Circuit Trial Court,
Metropolitan Trial Court; and
b) Regional Trial Court in its original jurisdiction (not
appellate)
c) Sandiganbayan in its original jurisdiction (not
appellate)

*Subject of the testimony

-Only FACTS derived from his personal knowledge
-hearsay is not admissible as a rule, except dying
declaration, declaration against interest, acts about pedigree, as
part of res gestae etc.

-Opinion also is inadmissible except opinion of expert witnesses

or opinion of ordinary witnesses on some other exceptional
matters as provided for under the Rules on Evidence.

*As to manner of answering questions

-witness to answer only what is being asked for.
 -Narrative manner of answering is generally prohibited, hence,
witness should wait for the question of the counsel and to elicit
answer to what is specifically being desired in the question.

*Order in the Examination of a witness

1. Direct Examination
-examination in chief
-the initial presentation of a witness by the party calling
him.
-As a general rule, there should be no leading questions (or
a question which is suggestive of an answer or suggestive of an
event already) because it is the witness who supposedly will
be the one to volunteer such matters or events and not the
examiner.
-The question “Did the accused punch you?” is a
leading question because it already suggests an
event of punching. The right question should be:
“What happened afterwards?”. Here, it may be the
witness who would first tell that he was punched.
-It may not be leading question if the question starts
with “What”, “Why”, “Where”, “When”.
2. Cross-examination
-Examination on the witness by the adverse party on
matters taken during the direct examination. The purpose
is to create doubt as to the truthfulness of the testimony of
the witness.

3. Re-direct Examination
-Examination by the party calling him aimed to explain his
answer during the cross-examination that may not be clear
or favorable to the adverse party if not explained.

4. Re-cross Examination
-Examination on the witness by the opposing party on
matters taken during the re-direct examination.

*How to address officers of the court?

-the judge - “Your Honor”
-the counsel/prosecutor - “Sir” or “madam” / “ma’m”
END-
Prepared by: arthur t. bataclao