RULE 110- PROSECUTION OF OFFENSES (downgrades the offense charge) need a motion to amend done What is the requirement
to amend done What is the requirement of Preliminary investigation to be
How does institution of criminal actions works?
By filling in proper court the complaint for
preliminary investigation and should be filed in prosecutor
(MTC, MCTC). (sec 1)
What is a Complaint or Information?
People against persons who are responsible for the
offense. (sec 2)
What is a Complaint?
It is a sworn written statement charging a
person with an offense instituted by a the
offended party, any peace officer or public officials
bound for the execution of the law. (sec 3)
What is an Information?
It is a written statement charging a person with
an offense instituted by a prosecutor submitting it to the court.
(sec 4)
Who must prosecute criminal actions?
Prosecutors or private prosecutors if allowed by the
court. (sec 5)
Who must prosecute adultery, concubinage, seduction,
abduction, acts of lasciviousness, defamation or private
crimes?
A complaint filed by the offended
spouse/party. Minors for seduction and acts of
lasciviousness can still file independently by her parent if
capable to do so. If offended party died and no parents, the
state may initiate the criminal action on behalf of her. (sec 5)
What is the sufficiency of complaint or information?
Who- name of offender & offended;
What/How- acts/omission constituting the offense (It
should be clear, specific & concise) and the cause of the
offense or the aggravating & mitigating circumstances (it should
be mentioned in the complaint or information to be
accepted in the court); Where- place of the
commission of the offense; When- date of the commission.
(sec 5)
Can a complaint or information be duplicated?
No. One complaint is equal to one offense unless the
law prescribes a single punishment for various offense. (sec 13)
What happens when there is amendment or substitution in
complaint or information?
If it is a formal amendment (words or letters) it is
allowed after the arraignment. If it is substantial amendment
by the prosecutor after the arraignment.
Place where action is to be instituted?
Municipality or territory where the offense is
committed.
RULE 111- PROSECUTION IN CIVIL ACTION
What is the institution of criminal and civil actions?
Civil liability may be deemed instituted with the
criminal action unless waived it to be held separately prior to the
criminal action.
When does a separate civil action is suspended?
If the criminal action has been commenced.
When does a civil action may proceed independently?
Independent civil action may be brought by offended
party and shall proceed independently of the criminal action and
shall require only a preponderance of evidence.
What is the effect of death on civil actions after arraignment?
Extinguish of the civil liability of the criminal action
but if he dies before arraignment, the case shall be dismissed.
What is the effect of death on independent civil actions?
Maybe continued against the estate or legal
representative or the heir of the accused. For minor heirs the
court appoint guardian ad litem.
What happens when a defendant is absolve in civil liability?
Not a bar to absolve the criminal liability.
How to suspend criminal action not filed for trial?
By filing a petition of prejudicial question in a civil
action in the office of the prosecutor or the court conducting
preliminary investigation. If it is filed in court for trial, the
petition to suspend shall be filed in the same criminal action at
any time before the prosecution rests.
What are the elements of prejudicial question?
(a) the previously instituted civil action involves an
issue similar or intimately related to the issue raised
in the subsequent criminal action, and (b) the
resolution of such issue determines whether or not
the criminal action may proceed.
RULE 112- PRELIMINARY INVESTIGATION
What is Preliminary investigation?
an inquiry or proceeding to determine whether there
is sufficient ground to engender a well-founded belief that a
crime has been committed and the respondent is probably guilty
thereof, and should be held for trial or what we call probable
cause.
conducted?
If the penalty is 4 years, 2 months, and 1 day without
regard to fine.
Who are the officers authorized to conduct preliminary
investigations?
(a) Provincial or City Prosecutors and their assistants;
(b) Judges of the Municipal Trial Courts and
Municipal Circuit Trial Courts;
(c) National and Regional State Prosecutors; and
(d) Other officers as may be authorized by law.
What is the preliminary investigation procedure?
Complaint-subpoena (10 days)- counter affidavit-
resolve if no counter- clarificatory hearing if prosecution has
questions/issue(10 days)- Resolve. Dismiss if no probable cause
& files an information if there is to the chief state prosec or to
Ombudsman.
Can a complaint or information be filed by the investigating
prosecutor without the signature/approval of chief prosec or
Ombudsman?
No. The chief prosec or Ombudsman may also file
themselves the information to court if it does not agree to the
dismissal of the investigating prosecutor in a case.
What happens when the investigating prosecutor finds cause to
hold the respondent for trial?
After review, investigating prosecutor he shall
prepare the resolution and information to be filed to the court
and the judge will then review whether or not a warrant of arrest
be issued.
When does a warrant of arrest may be issued?
10 days from the filing of the complaint or
information if the judge finds probable cause he issues warrant.
What happens when there is doubt in the probable cause?
Judge will ask for additional evidence from the
investigating prosecutor.
When does an accused lawfully arrested without warrant?
When a person is lawfully arrested without a warrant
involving an offense which requires a preliminary investigation,
the complaint or information may be filed by a prosecutor
without need of such investigation provided an inquest has been
conducted in accordance with existing rules.
What are the cases not requiring a preliminary investigation
nor covered by the Rule on Summary Procedure?
 If it is less than 4 years, 2 months, and 1 day.
prosecutor shall act on the complaint based on the
affidavits/supporting documents submitted by the complainant
within 30 days. If the complaint or information is filed directly
with the Municipal Trial Court or Municipal Circuit Trial Court
for an offense covered by this section.
RULE 113- ARREST
What is an arrest?
The taking of a person into custody in order that he
may be bound to answer for the commission of an offense.
How does an arrest be made?
By an actual restraint of a person to be arrested, or by
his submission to the custody of the person making the arrest
without violence or unnecessary force.
What is the duty of an arresting officer?
Execute the warrant to arrest the accused and to
deliver him to the nearest police station or jail without
unnecessary delay.
How does a warrant be executed?
Within ten (10) days from its receipt. (Warrants are
for lifetime)
When does an arrest without warrant lawful?
(a) When the person to be arrested has committed, is
actually committing, or is about to commit an offense; (b) When
an offense has just been committed, and he has probable cause
based on personal knowledge of facts that the person to be
arrested has committed it; and (c) When the person to be
arrested is a prisoner who has escaped.
What is the time of making arrest?
General rule is any day and at any time of the day but
exception is may be enforced at any reasonable hour of the day
or night.
What is the method of arrest by officer by virtue of warrant?
Officer shall inform the person to be arrested of the
cause of the arrest and of the fact that a warrant has been issued
for his arrest.
Is it okay if the person is not informed of the fact that a
warrant has been issued for his arrest?
Yes if he flees or forcibly resists.
What is the method of arrest by officer without warrant?
The officer shall inform the person to be arrested of
his authority and the cause of the arrest.
What is the method of arrest by private person?
A private person shall inform the person to be
arrested of the intention to arrest him and cause of the arrest.
Is it allowed for the officer to summon assistance?
Yes. He may orally summon as many persons as he
deems necessary to assist him in effecting the arrest.
Is it allowed for the officer to break into building or enclosure
or to break out from building or enclosure?
Yes. If the person to be arrested is or is reasonably
believed to be, if he is refused admittance thereto, after
announcing his authority and purpose. He may break out
therefrom when necessary to liberate himself
RULE 114- BAIL
What is Bail?
Bail is the security given for the release of a person
in custody of the law, furnished by him or a bondsman, to
guarantee his appearance before any court as required.
What are the conditions of Bail?
(a) The undertaking shall be effective upon approval,
and unless cancelled, shall remain in force at all stages of the
case until promulgation of the judgment of the Regional Trial
Court, irrespective of whether the case was originally filed in
or appealed to it;
(b) The accused shall appear before the proper court
whenever required by the court of these Rules;
(c) The failure of the accused to appear at the trial
without justification and despite due notice shall be
deemed a waiver of his right to be present thereat. In such
case, the trial may proceed in absentia; and
(d) The bondsman shall surrender the accused to the
court for execution of the final judgment.
Is it okay for a person under detention by legal process shall be
released or transferred?
NO. Except upon order of the court or when he is
admitted to bail.
When does bail a matter of right?
(a) before or after conviction by the MTC, MTCC,
MCTC
(b) before conviction by the RTC of an offense not
punishable by death, reclusion perpetua, or life
imprisonment.
When does bail a matter of discretion?
Upon conviction by the RTC of an offense not
punishable by death, reclusion perpetua, or life imprisonment,
admission to bail is discretionary.
Who are those person to be denied for bail?
If the penalty imposed by the trial court is
imprisonment exceeding six (6) years. He is a recidivist, quasi-
recidivist, or habitual delinquent, or reiteration, a person
whoescaped, violated the conditions of his bail, committed an
offense while under probation, parole, or conditional pardon, an
attempt to flew and there is undue risk that he may commit
another crime during the pendency of the appeal.
What is the Burden of proof in bail application?
The prosecution has the burden of showing that
evidence of guilt is strong.
What is the guidelines for the Amount of bail?
(a) Financial ability of the accused to give bail;
(b) Nature and circumstances of the offense;
(c) Penalty for the offense charged;
(d) Character and reputation of the accused;
(e) Age and health of the accused;
(f) Weight of the evidence against the accused;
(g) Probability of the accused appearing at the trial;
(h) Forfeiture of other bail;
(i) The fact that accused was a fugitive from justice
when arrested; and
(j) Pendency of other cases where the accused is on
bail.
What is a Corporate surety?
Any domestic or foreign corporation, licensed as a
surety in accordance with law and currently authorized to act as
such.
What is a Property bond?
A property bond is an undertaking constituted as lien
on the real property given as security for the amount of the bail.
What is a Recognizance?
The court may release a person in custody to his own
recognizance or that of a responsible person.
When does a Bail not required; reduced bail or recognizance?
When a person has been in custody for a period equal
to or more than the possible maximum imprisonment prescribe
for the offense charged, he shall be released immediately. If the
maximum penalty to which the accused may be sentenced is
destierro, he shall be released after thirty (30) days of preventive
imprisonment.
When does a bail be canceled?
Upon surrender of the accused or proof of his death
or upon acquittal of the accused, dismissal of the case, or
execution of the judgment of conviction.
RULE 115- RIGHTS OF ACCUSED
What are the Rights of accused at the trial? bargaining, determination of civil liability, and other matters (b) Existence of a prejudicial question; and
(a) Presumption of innocence until proven guilty. requiring his presence. (c) A petition for review of the resolution of the
(b) To be informed of the nature and cause of the (g) arraignment shall be held within thirty (30) days prosecutor is pending at either the Department of Justice,
accusation against him. from the date the court acquires jurisdiction over the or the Office of the President; provided, that the period of
(c) To be present and defend in person and by person of the accused unless a shorter period is provided suspension shall not exceed sixty (60) days counted from
counsel by special law or Supreme Court circular. the filing of the petition with the reviewing office.
(d) To testify as a witness in his own behalf but
subject to cross-examination on matters covered by direct Is the accused allowed to Plea guilty to a lesser offense? RULE 117- MOTION TO QUASH
examination. Yes.
(e) To be exempt from being compelled to be a What is the time to move to quash?
witness against himself. After arraignment but before trial will the accused may still be At any time before entering his plea.
(f) To confront and cross-examine the witnesses allowed to plead guilty to said lesser offense after withdrawing
against him at the trial. his plea of not guilty? What is the exceptions of Form and contents of motion to quash?
(g) To have compulsory process issued to secure the Yes. The lack of jurisdiction over the offense charged.
attendance of witnesses and production of other
evidence in his behalf. Is the accused allowed to Plea guilty to capital offense?
(h) To have speedy, impartial and public trial. Yes but the court shall conduct a searching inquiry What are the grounds for motion to quash?
(i) To appeal in all cases allowed and in the manner into the voluntariness and full comprehension of the (a) there is no offense
prescribed by law. consequences of his plea and require the prosecution to prove his (b) there is no jurisdiction over the offense charged;
guilt and the precise degree of culpability. (c) There is no jurisdiction over the person of the
RULE 116- ARRAIGNMENT & PLEA accused;
(d) The officer who filed the information had no
What is an arraignment? Is the accused allowed to Plea guilty to non-capital offense? authority;
Reading of the nature of the crime charge against the Yes. The court may receive evidence from the parties (e) That it does not conform substantially to the
accused. to determine the penalty to be imposed. prescribed form;
(f) That more than one offense is charged except
How does an Arraignment and plea made? At any time before the judgment of conviction becomes final, is when a single punishment for various offenses is prescribed
(a) The accused must be arraigned before the court the accused allowed to withdraw and substitute his plea of guilty by law;
where the complaint or information was filed or to a plea of not guilty? (g) That the criminal action or liability has been
assigned for trial. YES. extinguished;
The accused must be present at the arraignment and (h) That it contains averments which, if true, would
must personally enter his plea. What is Bill of particulars? constitute a legal excuse or justification; and
(c) When the accused refuses to plead or makes a Before arraignment, the accused may move for a bill (i) That the accused has been previously convicted
conditional plea, a plea of not guilty shall be entered for of particulars to enable him properly to plead and to prepare for or acquitted of the offense charged, or the case
him. (waiver of trial- principle of presumption of trial. against him was dismissed or otherwise terminated
innocence) without his express consent.
(d) When the accused pleads guilty but presents Is Production or inspection of material evidence in possession of
exculpatory evidence, his plea shall be deemed withdrawn prosecution allowed? RULE 118- PRE TRIAL
and a plea of not guilty shall be entered for him. Yes. This is to avoid surprise and suppression, or
(e) When the accused is under preventive detention, alteration of evidence and to uphold to the principle of fairness What is the order of Pre trial?
his case shall be raffled and its records transmitted to and justice. (a) plea bargaining
the judge to whom the case was raffled. (b) stipulation of facts;
(f) The private offended party shall be required to When can an arraignment be suspended? (c) marking for identification of evidence of the
appear at the arraignment for purposes of plea (a) The accused appears to be suffering from an unsound parties;
mental condition (d) waiver of objections to admissibility of evidence;
 (e) modification of the order of trial if the accused
admits the charge but interposes a lawful defense;
and
(f) such other matters as will promote a fair and
expeditious trial of the criminal and civil
aspects of the case.
RULE 119- TRIAL
What is the time to prepare for trial?
At least 15 days to prepare for trial.
When does the trial shall commence?
Within 30 days from receipt of the pre-trial order.
Is the trial once commenced may be postponed for a reasonable
period of time?
Yes, if it is for good cause.
What is the time limit following an order for new trial?
The trial shall commence within 30 days from notice
of the order, provided that if the period becomes impractical due
to unavailability of witnesses and other factors, the court may
extend it but not to exceed 180 days from notice of said order for
a new trial.
What is the order of trial?
(a) The prosecution shall present evidence
(b) The accused may present evidence to prove his
defense.
(c) The prosecution and the defense may, in that order,
present rebuttal and sur-rebuttal evidence.
(d) Upon admission of the evidence of the parties, the
case shall be deemed submitted for decision
(e) When the accused admits the act or omission charged
in the complaint or information but interposes a lawful
defense, the order of trial may be modified.
What is a reversed trial?
When the accused raises the justifying
circumstances such as self defense admitting for the crime and
so the accused must present his evidence first.
What is the degree of proof necessary for a reversed trial?
Clear and convincing evidence. Not greater that proof
beyond reasonable doubt but not a mere preponderance of
evidence.
What is the degree of proof necessary for conviction?
Proof beyond reasonable doubt.
How can an accused be discharge to be a state witness?
(a) There is absolute necessity for the testimony of
the accused whose discharge is requested;
(b) The is no other direct evidence available for the
proper prosecution of the offense committed, except the
testimony of said accused;
(c) The testimony of said accused can be
substantially corroborated in its material points;
(d) Said accused does not appear to be the most
guilty; and
(e) Said accused has not at any time been convicted
of any offense involving moral turpitude.
Will the discharged of the accused operates as an acquittal?
Yes unless the accused fails or refuses to testify
against his co-accused in accordance with his sworn statement
constituting the basis for the discharge.
What happens when mistake has been made in charging the
proper offense?
Any time before judgment that a mistake has been
made in charging the proper offense, the court shall fill the
proper information and will not discharge the accused if there
appears good cause to detain him and make him answer to the
new charged.
When does the public be excluded in the trial?
If the trial is offensive to decency or public morals.
What is a Demurrer to evidence?
After the prosecution rests its case, the court may
dismiss the action on the ground of insufficiency of evidence (1)
on its own initiative after giving the prosecution the opportunity
to be heard or (2) upon demurrer to evidence filed by the
accused with or without leave of court
RULE 120- JUDGMENT
What is a Judgement?
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.
What are the contents of the judgment?
(1) the legal qualification (aggravating or mitigating
circumstances)
(2) the participation (principal, accomplice,
accessory)
(3) the penalty
(4) the civil liability or damages
Is the court allowed to convict the accused of as many offenses
as are charged and proved, and impose on him the penalty for
each offense?
Yes. When two or more offenses are charged in a
single complaint or information but the accused fails to object to
it before trial.
What happens when there is judgment in case of variance
between allegation and proof?
When there is variance between the offense charged
in the complaint or information and that proved, and the offense
as charged is included in or necessarily includes the offense
proved, the accused shall be convicted of the offense proved
which is included in the offense charged, or of the offense
charged which is included in the offense proved.
RULE 121- NEW TRIAL OR RECONSIDERATION
What is New trial or reconsideration?
At any time before a judgment of conviction
becomes final, the court may, on motion of the accused or at its
own instance but with the consent of the accused, grant a new
trial or reconsideration.
What are the grounds for a new trial?
(a) The errors of law or irregularities prejudicial to
the substantial rights of the accused have been committed
during the trial;
(b) The 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.

What are the ground for reconsideration?
The court shall grant reconsideration on the ground
of errors of law or fact in the judgment, which requires no
further proceedings.
RULE 122- APPEAL
Who may appeal?
Any party may appeal from a judgment or final order,
unless the accused will be placed in double jeopardy.
Where to appeal?
(a) To the RTC, in cases decided by the MTC, MTCC,
MeTC
(b) To the CA/SC, in cases decided by the RTC
(c) To the SC, in cases decided by the CA.
When does an appeal to be taken?
An appeal must be taken within fifteen (15) days
from promulgation of the judgment or from notice of the final
order appealed from.
RULE 123- PROCEDURE IN THE MUNICIPAL TRIAL
COURTS
What is the Procedure for MTC?
The procedure to be observed in the MeTC, MTC,
MCTC is the same as in the RTC, unless otherwise stated in a
particular provision .
RULE 124- PROCEDURE IN THE COURT OF APPEALS
What should be the title of the case in all criminal cases
appealed to the CA?
The title of the case shall remain as it was in the court
of origin.
What is called the party appealing the case?
Appellant.
What is called the adverse party in the appealing the case?
Appellee.
What is the extension of time for filing a briefs?
Extension of time for the filing of briefs will not be
allowed except for good and sufficient cause and only if the
motion for extension is filed before the expiration of the time
sought to be extended.
How can CA dismiss an appeal?
If the appellant escapes from prison or confinement,
jumps bail or flees to a foreign country during the pendency of
the appeal.
What is the scope of judgment of the CA?
The Court of Appeals may reverse, affirm, or modify
the judgment and increase or reduce the penalty imposed by the
trial court, remand the case to the Regional Trial Court for new
trial or retrial, or dismiss the case.
Does the CA have the power to receive evidence?
Yes. CA shall have the power to try cases and
conduct hearings, receive evidence and perform any and all acts
necessary to resolve factual issues raised in cases (a) falling
within its original jurisdiction, (b) involving claims for damages
arising from provisional remedies, or (c) where the court grants
a new trial based only on the ground of newly-discovered
evidence.
What is the division necessary for the pronouncement of a
judgment or final resolution?
The unanimous vote of the three (3) Justices of a
division.
What happens in the event that the three (3) Justices can not
reach a unanimous vote?
The Presiding Justice shall direct the raffle
committee of the Court to designate two (2) additional Justices
to sit temporarily with them, forming a special division of five
(5) members and the concurrence of a majority of such division
shall be necessary for the pronouncement of a judgment or final
resolution. The designation of such additional Justices shall be
made strictly by raffle and rotation among all other Justices of
the Court of Appeals.
What is motion for new trial?
At any time after the appeal from the lower court
has been perfected and before the judgment of the Court of
Appeals convicting the appellant becomes final, the latter may
move for a new trial on the ground of newly-discovered
evidence material to his defense.
What is motion for Reconsideration?
A motion for reconsideration shall be filed within
fifteen (15) days after from notice of the decision or final order
of the Court of Appeals, with copies served upon the adverse
party, setting forth the grounds in support thereof.
RULE 125- PROCEDURE IN THE SUPREME COURT
What is the procedure for the SC?
The procedure in the SC in original and in appealed
cases shall be the same as in the CA unless otherwise provided
by the Constitution or by law.
What happen when the SC en banc is equally divided in opinion
or the necessary majority cannot be had on whether to acquit the
appellant?
The case shall again be deliberated upon and if no
decision is reached after re-deliberation, the judgment of
conviction of the lower court shall be reversed and the accused
acquitted.
RULE 126- SEARCH AND SEIZURE
What is a Search warrant?
It 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.
In what court where application for search warrant shall be
filed?
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.
Does a search warrant may be issued for the search and seizure
of personal property?
 Yes. If, (a) Subject of the offense; (b) Stolen or
embezzled and other proceeds, or fruits of the offense; or (c)
Used or intended to be used as the means of committing an
offense.

What is the requisites for issuing search warrant?

Probable cause.

Is the officer constituting a search warrant allowed to break

door or window to effect the search?
Yes if the accused refused admittance to the place of
directed search after giving notice of his purpose and authority
or to liberate himself or any person lawfully aiding him when
unlawfully detained therein.

Is it allowed to search a house, room, or premise without

presence of 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.

What is the 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.

What is the validity of search warrant?

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

A person lawfully arrested may be searched without a search

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

Where to file a motion to quash a search warrant or to suppress

evidence?
In and acted upon only by the court where the action
has been instituted.