Crim Pro

2022 CRIM PRO DEAN AGRANZAMENDEZ LECTURE NOTES P.B.D.
ASPECTS OF JURISDICTION
JURISDICTION
1. …over the subject matter of criminal action (offense)
First Level Courts
 Metropolitan Trial Courts (MeTC)
 Municipal Trial Courts in Cities (MTCC)
J 2. …over the person of the accused
3. …over the territory
 Municipal Trial Courts (MTC)
JURISDICTION OVER THE SUBJECT MATTER
 Municipal Circuit Trial Courts (MCTC)
 Plaintiff is typically identified as “The People”, which is the People of the
Second Level Courts
Philippines.
 Regional Trial Courts
 In US, accused is referred to as defendant.
Third Level Courts  The moment the case is filed in court, accused will be referred to as
 Court of Appeals (CA) defendant.
 Sandiganbayan (SB)  No penalty = no crime (ex. Suicide)
 Court of Tax Appeals (CTA)  Giving assistance to suicide is a crime.
 If the penalty is imprisonment not exceeding 6 years., then it is the MTC
Highest Court that tries the case.
 Supreme Court (SC)  If the penalty imposes that the law prescribes is less than 6 years then it
is the MTC that will try the case.
 Judge of Peace – First Level Court  If the only penalty is fine, then the amount of fine will determine the
 Judges – Regional case. MTC will handle the case if it is less than Php.4, 000.
 Justices – Third
 Penalties are divided by decrees.
 If the penalty is imprisonment exceeding 6 yrs., regardless of the amount
 First Level Courts were used to be called inferior courts.
of fine, it will be the RTC who will try the case.
 RTC has appellate jurisdiction.
 If the penalty is only imprisonment of exactly 6 yrs., it is the MTC who will
 CA has appellate jurisdiction. try the case.
Jurisdiction came from the Latin words “juris” and “dico” which means “I  To know the penalty, look at the law violated.
speak by the law”.
MTC can exercise jurisdiction on…
 This is the power of the courts to try, hear, and decide the case.
1. over all violations of city or municipal ordinances;
 If a case is filed and the court has no jurisdiction, it will be dismissed. 2. over their respective territorial jurisdiction; and
 If a court tried a case but has no jurisdiction, all proceedings will be void. 3. over all offenses punishable by imprisonment not exceeding 6 yrs.,
regardless of the amount of fine.
How will we know if the case is triable by which court?
Imposable Penalty
It will depend on the penalty attached and nature of the offense alleged
in the complaint or information. - the penalty that the law prescribes for the offense allegedly committed.
Note: Those in red are added information. 1

2022 CRIM PRO DEAN AGRANZAMENDEZ LECTURE NOTES P.B.D.F
What will confer jurisdiction over the courts? R.A. 10660 (SEC. 2): The Sandiganbayan shall exercise exclusive original
jurisdiction in all cases involving:
A: It is the law. Jurisdiction is conferred by the law itself.
OFFENSES OFFENDERS
 Batas Pambansa Blg. 129 confers the jurisdiction over the subject matter 1. Violation of RA 3019 (Anti- 1. Officials of the executive branch
of the ordinary courts. Graft and Corrupt Practices occupying the positions of
Act) regional director and higher,
If the criminal action is filed in a court without jurisdiction, the lack of jurisdiction 2. Violation of RA 1379 (Illegal otherwise classified as Grade
may be raised at any time even for the first time on appeal. Acquisition of a Public Property ’27’ and higher, of the
by a Public Official) Compensation and Position
EXCPT: exists in the extraordinary instance where estoppel by laches may 3. Crimes by public official as Classification Act of 1989
apply. defined and penalized by Ch. (Republic Act No. 6758),
2, Sec. 2, Title 7, Bk. 2 specifically including:
The following shall be under the jurisdiction of RTC no matter how long the 4. All other offenses or felonies
imprisonment; LIE-MD whether simple or complexed
with other crimes committed by
(a) Provincial governors, vice-
1. Libel the public officials and governors, members of the
2. Infringement of Copyright employees mentioned in sangguniang panlalawigan,
subsection a. of this section in and provincial treasurers,
3. Election Offenses
relation to their office. assessors, engineers, and
4. Offenses involving a Minor
5. Violation of Anti-Plunder Law, other provincial department
5. Drug-related offenses
Ethical Conduct, Anti-Money heads:
Complaint or Information Laundering, Gift-giving (b) City mayors, vice-mayors,
members of the
 If a case will be filed, it is by means of complaint or information. sangguniang panlungsod,
 This will state what offense is committed. city treasurers, assessors,
engineers, and other city
What if at the middle of the trial, it was discovered that the actual crime is department heads;
attempted homicide, can the RTC still render judgment? (c) Officials of the diplomatic
service occupying the
A: Yes, because what determines the jurisdiction of the court position of consul and
is the nature of the offense alleged and the imposable penalty higher;
attached in the complaint or information. (d) Philippine army and air
force colonels, naval
Sandiganbayan
captains, and all officers of
- In 1978, Sandiganbayan was created through PD 486. higher rank;
 Philippines was placed under Martial Law. (e) Officers of the Philippine
- is a national court seated in Manila. National Police while
- PD 486 is amended by PD 1606; amended by RA 7975; amended by RA occupying the position of
10660. provincial director and those
holding the rank of senior  If the accused is a low ranking official (ex. typist), he will not be tried by
superintendent and higher; the Sandiganbayan, but the MTC or RTC will try the case --- depending
(f) City and provincial on the penalty.
prosecutors and their  If the information does not allege any offense, RTC has jurisdiction.
assistants, and officials and
prosecutors in the Office of May a private individual be tried by the Sandiganbayan?
the Ombudsman and
A: Yes, if he committed an offense alongside a public official,
special prosecutor;
he may be charged as a co-principal, accessory or
(g) Presidents, directors or
accomplice.
trustees, or managers of
government-owned or What if a public official committed kidnapping?
controlled corporations,
state universities or A: If a government official commits an offense in relation with
educational institutions or his office, then he will be tried by the Sandiganbayan,
foundations. otherwise is the RTC.
When can a public official commit offense in relation with his office?
2. Members of Congress and
officials thereof classified as X is a city mayor. Pretty applies for a job in his office. X asked Pretty if she
Grade ’27’ and higher under the would do anything for him if he will accept her for the job. Did X committed any
Compensation and Position offense?
Classification Act of 1989;
3. Members of the judiciary without A: Yes, he could be tried by the Sandiganbayan, because he
prejudice to the provisions of the committed an offense in relation with his office by accepting
Constitution; Pretty for the job in exchange of doing sexual favors for him.
4. Chairmen and members of the
Constitutional Commissions, JURISDICTION OVER THE PERSON OF THE ACCUSED
without prejudice to the
provisions of the Constitution; How is this acquired?
and 1. by his valid arrest; and
5. All other national and local 2. by his voluntary appearance
officials classified as Grade ’27’
 this includes the accused’s voluntary surrender.
and higher under the
Compensation and Position 2 Kinds of Arrest:
Classification Act of 1989.
1. arrest made in pursuant of a warrant of arrest
GR: If they are not included in the list of offenders even if they commit the 2. warrantless arrest
offense, they can’t be tried by the SB, they will be tried by the MTC or RTC
depending on the penalty.

Can the police or fiscal issue a warrant of arrest? 2. If the offended party is a private individual, the criminal action may also
be filed in the RTC of the province where he actually resided at the
A: No, only a judge can. time of the commission of the offense.
3. If the offended party is a public official whose office is in Manila at the time
JURISDICTION OVER THE TERRITORY
of the commission of the offense, the criminal action may be filed in the
RTC of Manila.
Venue 4. If the offended party is a public official whose office is outside Manila, the
 In a criminal action, venue is also jurisdictional. action may be filed in the RTC of the province or city where he held office
 In a civil case, there is a distinction between venue and jurisdiction. at the time of the commission of the offense.
 In continuing crimes like kidnapping, where the case is filed, that’s where NOTE: There is no such thing as first printed and accessed.
it will be given jurisdiction.
Rules RULE 110: PROSECUTION OF OFFENSES

1. A criminal case should be instituted and tried in the place where the How criminal action is instituted? (Sec. 1)
offense was committed or any of its essential ingredients took place.
2. Where an offense is committed in a train, aircraft, or other public or private Criminal actions shall be instituted as follows:
vehicle while in the course of its trip, the criminal action shall be instituted
(a) For offenses where a preliminary investigation is required, by filing the
and tried in the court of any municipality or territory where such train,
complaint with the proper officer for the purpose of conducting the
aircraft or other vehicle passed during such its trip, including the place of
requisite preliminary investigation.
its departure and arrival.
3. Where an offense is committed on board a vessel in the course of its
 The following are the officers that can conduct preliminary
voyage, the criminal action shall be instituted and tried in the court of the
investigation;
first port of entry or of any municipality or territory where the vessel passed
i. City or provincial prosecutors and their assistants;
during such voyage, subject to the generally accepted principles of
ii. Regional or State prosecutors and their assistants; and
international law.
iii. Other officers authorized by law;
4. Crimes committed outside the Philippines but punishable under Article 2
a. PCGG – for offenses of ill-gotten wealth
of the Revised Penal Code shall be cognizable by the court where the
b. Ombudsman
criminal action is first filed.
c. COMELEC
All these notwithstanding, the Supreme Court can change the venue to avoid
the miscarriage of justice. (b) For all other offenses, by filing the complaint or information directly
with the Municipal Trial Courts and Municipal Circuit Trial Courts, or
If it’s libel, the rule on venue is different: the complaint with the office of the prosecutor. In Manila and other
chartered cities, the complaint shall be filed with the office of the
1. It should be tried in the RTC of the province or city where the libelous
prosecutor unless otherwise provided in their charters.
article is printed and first published, whether the offended party is a private
individual or public official. Is there a case that requires P.I. in MTC?
A: Yes.
Legal Basis: Rule 112, Sec. 2(b): By the Municipal Trial Distinctions between complaint and information
Court. — When required pursuant to the second paragraph
of section 1 of this Rule, the preliminary investigation of cases COMPLAINT INFORMATION
falling under the original jurisdiction of the Metropolitan Trial AS TO FORM
Court, Municipal Trial Court in Cities, Municipal Trial Court, or A sworn written statement. Hence, An accusation in writing that
under oath. requires no oath
Municipal Circuit Trial Court may be conducted by either the
AS TO WHO SIGNS IT
judge or the prosecutor. When conducted by the prosecutor,
Subscribed by the: Subscribed by the prosecutor
the procedure for the issuance of a warrant or arrest by the
(1) offended party;
judge shall be governed by paragraph (a) of this section. (2) peace officer; or
When the investigation is conducted by the judge himself, he (3) other public officer charged with
shall follow the procedure provided in section 3 of this Rule. If enforcement of the law violated.
the findings and recommendations are affirmed by the AS TO WHERE TO FILE
provincial or city prosecutor, or by the Ombudsman or his Filed either with; Filed directly at court
deputy, and the corresponding information is filed, he shall (1) the office of the prosecutor; or
issue a warrant of arrest. However, without waiting for the (2) the court
conclusion of the investigation, the judge may issue a warrant
of arrest if he finds after an examination in writing and under What makes a complaint or information sufficient?
oath of the complainant and his witnesses in the form of
When all of the following are stated;
searching question and answers, that a probable cause exists
and that there is a necessity of placing the respondent under 1. name of the accused
immediate custody in order not to frustrate the ends of justice. 2. designation of offense, as given by the statute
3. the act or omission complained of as constituting the offense
NOTE: If it doesn’t require a preliminary investigation, you can file a complaint 4. name of the offended party
or information directly to MTC or MCTC 5. place of commission
Complaint or Information 6. approximate date of commission
a. in writing; NOTES:
b. in the name of the People of the Philippines;  A felony can be an act or omission.
c. and against all persons who appear to be responsible for the offense  A complaint must charge an offense. If there is no offense, the case will
involved. be dismissed.
 Complaint is a sworn written statement charging a person with an offense, What happens if a complaint or information charges 2 or more offenses?
subscribed by the offended party, any peace officer, or other public officer
charged with the enforcement of the law violated. A: A complaint or information that charges two or more
 Information is an accusation in writing charging a person with an offense, offenses is defective but valid. When the accused or defense
subscribed by the prosecutor and filed with the court. waives his right to object, the court may convict him of as
many offenses as are charged and proved, and impose on
him the penalty for each offense.

 a defective complaint or information is called duplicitous. Kinds of Amendment:
Remedy of the accused: Before entering a plea, the accused should file a 1. Formal – as to form
motion to quash on the ground that the offense charges two offenses. The 2. Substantial – as to substance
failure to object to the information before the arraignment would result in a
Formal
waiver to challenge the procedural infirmity.
- name or names of the accused.
RULE: All generic and qualifying aggravating circumstances must be alleged - date of commission of the offense
or added in the complaint or information in order to add penalties in court. - penalty that court may impose after trial
 Generic: increases penalty Substantial
 Qualifying: changes the nature of crime or felony
- nature of the offense is changed
Suppose the designation of offense stated in the caption was homicide, but - the jurisdiction of the court is affected; or
then you read in the body of the complaint and it was indicated there that it - the defense of the accused under the original information is no longer
was murder. Which will prevail? available such as when homicide is amended to murder or simple
seduction to qualified or acts of lasciviousness to rape.
A: The offense of murder shall prevail, because it is the one
stated in the body of the complaint. Leave of Court
Sec. 11: Date of Commission of the Offense - permission from the court
- an amendment may be done;
GR: The exact date need not to be stated. Approximation is enough. That’s (1) with leave of court
why there is “on or about” (ex. On or about 9th of September) (2) without leave of court
EXCPT: When date is the element of the crime itself, the date must exact. Rules to follow depending on when the amendment is to be made;
 For example, in infanticide, the infant should be alive for less than
72 hrs. (exactly 3 days) before death. 1. Before plea
(a) the information may be amended as to form or substance without
Sec. 14: Amendment leave of court;
(b) if the purpose is to downgrade the nature of the offense or to exclude
1. When striking or adding or include words or phrases to make the
an accused from the complaint or information, the amendment must
allegations clearer.
be made only;
2. You amend only information already filed in court.
i. upon motion by the prosecutor,
NOTES: ii. with notice to the offended party (who has the right to oppse
 The portions amended should be underlined. or resist said motion
 Only the prosecution can amend. iii. and with leave of court.
iv. The court must state its reason in resolving the motion
GR: A complaint must charge only one offense. v. Copies of the resolution should be furnished to all parties,
especially the offended party
EXCPT: Where the law prescribes a single punishment.
2. After plea Offenses that cannot be prosecuted except at the instance of and upon
(a) the only amendment that can be made is a formal and with leave of complaint filed by the offended party;
court
(b) if the amendment is by reason of a supervening fact, it must be done 1. Adultery
with leave of court. 2. Concubinage
3. Seduction
Rule on Substitution (Sec. 14 (3)) 4. Abduction
5. Acts of Lasciviousness
A complaint or information may be substituted if: 6. Defamation which consists in the imputation of the offenses mentioned
1. At any time before judgment it appears that a mistake has been made in above
charging the proper offense, and If the private party don’t want to file a case, the government can file a case.
2. The accused cannot be convicted of the offense charged or of any other
offense necessarily included therein EXCPT: If it’s a public crime.
3. Provided that he will not be placed in double jeopardy.
How may the court issue a definite suspension?
Source:https://eightsubjects.blogspot.com/2013/08/substitution-of-
information.html A: When the court issues an order.
Distinctions of amendment and substitution Preventive Suspension of a Public Official
1. Amendment may be formal or substantial. Substitution is always What is suspension?

substantial. It is a disciplinary action resorted to by an employer by which an employee is
2. Amendment may be with or without leave of court. Substitution is always prevented to go to work with an end that the erring employee may be reformed
with leave of court and to improve his work ethics.
3. In amendment, double jeopardy is possible. Double jeopardy is not
possible in substitution. Before a suspension against an employee begins, the latter should be given
an opportunity to be heard. A Notice to Explain must be given to the employee
Note: If an information is filed in Sandiganbayan, the court shall conduct a apprising him of his infractions and that he has the opportunity to defend and
pre-suspension hearing to determine the validity of information of the accused. explain his side through a reply on said Notice to Explain. The employee may
When the information is valid, then it becomes definite suspension. opt to give his reply or not. Afterwards, the employer will then evaluate all the
How may the court issue a definite suspension? circumstances surrounding the misconduct and after which he will issue a
Notice of Decision on whether on not to suspend said employee. Should the
A: When the court issues an order. employer find that there is reasonable ground to suspend the employee, he
may do so accordingly taking into consideration the limitations set by the law.
 Most of the time, the accused will challenge the information by;
(a) challenging the validity of the proceeding leading to the filing of Suspension as Administrative Penalty
information against any court
Suspension is considered as an administrative penalty when an employee
(b) challenging or assailing the propriety of the prosecution on the
commits several infractions of the company policies or code of conduct such
grounds that the charge against him does not constitute any violation
as repeated absences, repeated tardiness or other similar acts. It may also be
against RA 3019.
resorted to when an employee committed gross or habitual negligence of Section 8. Preventive suspension. The employer may place the worker
his/her work. concerned under preventive suspension only if his continued employment
poses a serious and imminent threat to the life or property of the employer or
Preventive Suspension Pending Investigation of his co-workers.
Preventive suspension may be legally imposed against errant employee only Section 9. Period of suspension. No preventive suspension shall last longer
when his alleged violation is the subject of an investigation and resorted to than thirty (30) days. The employer shall thereafter reinstate the worker in his
only while he is undergoing an investigation for certain serious offenses. former or in a substantially equivalent position or the employer may extend the
Consequently, its purpose is to prevent him from causing harm or injury to the period of suspension provided that during the period of extension, he pays the
company as well as to his fellow employees. It is justified only in cases where wages and other benefits due to the worker. In such case, the worker shall not
the employee’s continued presence in the company premises during the be bound to reimburse the amount paid to him during the extension if the
investigation poses a serious and imminent threat to the life or property of the employer decides, after completion of the hearing, to dismiss the worker.
employer or of the employee’s co-workers. Without this threat, preventive
suspension is not proper (Maula v. Ximex Delivery Express, Inc., G.R. No. When preventive suspension exceeds the maximum period allowed without
207838, January 25, 2017). reinstating the employee either by actual or payroll reinstatement or when
preventive suspension is for indefinite period, only then will constructive
If the basis of the preventive suspension is the employee’s absences and dismissal set in”.
tardiness, the imposition of preventive suspension on him is not justified as his
presence in the company premises does not pose any such serious or It is to be noted that preventive suspension is not a penalty nor is it a rush
imminent threat to the life or property of the employer or of the employee’s co- judgment that the erring employee is already adjudged guilty once placed
workers simply “by incurring repeated absences and tardiness” (Valiao v Court under preventive suspension
of Appeals, G.R. No.146621, July 30,2004).
Source: https://www.alburolaw.com/preventive-suspension-as-a-recourse-of-
Preventive suspension is a disciplinary action against an erring employee. An an-employer/
employer may place an employee on preventive suspension if the employee
has violated the company policies or code of conduct, the employer can Ombudsman
suspend said employee while an investigation of the incident is being  R.A. 6770 (The Ombudsman Act of 1989)
conducted. In the case of Mandapat v. Add Force Personnel Services, Inc.,  The Office of the Ombudsman protects the people from illegal, unjust,
G.R. No. 180285, July 6, 2010, the Court ruled that: improper or inefficient act of any public official, employee, office or
“Preventive suspension may be legally imposed against an employee whose agency.
alleged violation is the subject of an investigation. The purpose of his  Local Government Code
suspension is to prevent him from causing harm or injury to the company as  the president may suspend the governor or mayors of highly
well as to his fellow employees. urbanized cities, while the mayor may be suspended by the city or
provincial governor, and the barangay official may be suspended by
The pertinent rules dealing with preventive suspension are found in Section 8 the mayor of the municipality or city for a period of not more than 60
and Section 9 of Rule XXIII, Book V of the Omnibus Rules Implementing the days.
Labor Code, as amended by Department Order No. 9, Series of 1997, which
read as follows: RULE 111: PROSECUTION OF CIVIL ACTION
Section 1. Institution of criminal and civil actions. — (a) When a criminal Where the civil action has been filed separately and trial thereof has not yet
action is instituted, the civil action for the recovery of civil liability arising from commenced, it may be consolidated with the criminal action upon application
the offense charged shall be deemed instituted with the criminal action unless with the court trying the latter case. If the application is granted, the trial of both
the offended party waives the civil action, reserves the right to institute it actions shall proceed in accordance with section 2 of this Rule governing
separately or institutes the civil action prior to the criminal action. consolidation of the civil and criminal actions. (cir. 57-97)
The reservation of the right to institute separately the civil action shall be made Section 1. Institution of criminal and civil actions
before the prosecution starts presenting its evidence and under circumstances
affording the offended party a reasonable opportunity to make such GR: When a criminal action is instituted, the civil action for the recovery of civil
reservation. liability arising from the offense charged shall be deemed instituted with the
criminal action.
When the offended party seeks to enforce civil liability against the accused by
way of moral, nominal, temperate, or exemplary damages without specifying EXCPT: when the offended party (1) waives the civil action, (2) reserves the
the amount thereof in the complaint or information, the filing fees thereof shall right to institute it separately; or (3) institutes the civil action prior to the criminal
constitute a first lien on the judgment awarding such damages. action.
Where the amount of damages, other than actual, is specified in the complaint What is the civil action being instituted in criminal action?
or information, the corresponding filing fees shall be paid by the offended party
upon the filing thereof in court. A: For acts of felonies
Except as otherwise provided in these Rules, no filing fees shall be required Is there an instance when an offended party can file the civil action?
for actual damages.
A: Yes. After judgment is rendered in a criminal action.
No counterclaim, cross-claim or third-party complaint may be filed by the
accused in the criminal case, but any cause of action which could have been The following is when no exceptions;
the subject thereof may be litigated in a separate civil action. (1a) (1) Criminal cases involving violation of B.P. 22;
(b) The criminal action for violation of Batas Pambansa Blg. 22 shall be (2) Criminal cases against public official.
deemed to include the corresponding civil action. No reservation to file such What will happen to the civil action pending in courts when a criminal case is
civil action separately shall be allowed. instituted?
Upon filing of the aforesaid joint criminal and civil actions, the offended party A: It will be suspended in whatever stage it may be found to
shall pay in full the filing fees based on the amount of the check involved, which await the final judgment in the criminal case.
shall be considered as the actual damages claimed. Where the complaint or
information also seeks to recover liquidated, moral, nominal, temperate or But, when the civil action presents a prejudicial question, the criminal action
exemplary damages, the offended party shall pay additional filing fees based will be the one that is suspended.
on the amounts alleged therein. If the amounts are not so alleged but any of
Section 6. Suspension by reason of prejudicial question. — A petition for
these damages are subsequently awarded by the court, the filing fees based
suspension of the criminal action based upon the pendency of a prejudicial
on the amount awarded shall constitute a first lien on the judgment.
question in a civil action may be filed in the office of the prosecutor or the court
conducting the preliminary investigation. When the criminal action has been
filed in court for trial, the petition to suspend shall be filed in the same criminal CIVIL: evidence should be by preponderance of evidence.
action at any time before the prosecution rests.
Hierarchy of Evidence
Requisites of a Prejudicial Question (Sec. 7)
1. Proof beyond reasonable doubt
1. A civil case must be previously instituted before the criminal action; 2. Clear and convincing evidence
2. The issue in the civil case is similar to or intimately connected to the issue 3. Preponderance of evidence
raised in the subsequent criminal action; and 4. Substantial evidence
3. that the resolution of the issue will determine the guilt or innocence of the
accused in the criminal case. In the following, there’s still civil liability;
Suspension of criminal case on prejudicial question is NOT automatic. 1. The acquittal is based on reasonable doubt. There is insufficient evidence.
2. The board pronounces that the liability of the accused is only civil and not
Extinction of Penal Action (Criminal Action) criminal.
Ex.
GR: The extinction of penal action does not carry with it the extinction of civil  In Estafa, if demand is not shown.
action.  Violation of BP 22, there must be a notice of dishonor to be given to
the accused.
EXCPT: The civil action shall be deemed extinguished if there is a
3. Civil liability is not based on the crime it was acquitted.
pronouncement in a final judgment of the criminal action, that the act or
omission from which the civil liability may arise did not exist. Note: When there is a civil aspect, then the offended party may intervene for
himself or for his attorney or counsel. He can hire a private prosecution.
In criminal law, criminal liability may be extinguished;
Writ of Execution
1. when the accused dies, the death of the accused extinguishes the criminal
liability; - court order that gives an official the right to do something such as to take
2. crimes of chastity like seduction, the marriage will extinguish the criminal a person’s property in order to pay someone the money that person owes
action; them.
3. if the accused dies, the criminal liability is extinguished but not the civil The prosecution of criminal action is under the direct control of a public
liability.
prosecution. If there a lack of prosecution, private prosecution can handle the
Ex. The accused is convicted with civil liability. He was ordered to pay the case through writing a letter to the chief.
damages. He appealed. While the case is pending, the accused died. He is
then acquitted and it would be illogical to hold him civilly liable. RULE 112: PRELIMINARY INVESTIGATION
Kinds of acquittal: - to determine the existence of probable cause against the respondent
- complainant v. respondent (accused)
1. The acquittal based on reasonable doubt; - only those offenses with 4 years, 2 months, and 1day penalty requires a
 The accused may still be civilly liable. preliminary investigation (P.I.). Check the penalty, do not apply the
2. Acquittal when the accused did not commit the crime. circumstances yet.
CRIM: evidence should be without reasonable doubt.
Section 1. Preliminary investigation defined; when required. — o When can the accused waive such right?
Preliminary investigation is an inquiry or proceeding to determine whether
there is sufficient ground to engender a well-founded belief that a crime has A: During arraignment, when he pleads, he waives his
been committed and the respondent is probably guilty thereof, and should be right. He should’ve claim it during arraignment.
held for trial.  If the crime involves a P.I., and no P.I. was conducted, or the conduct was
Except as provided in section 7 of this Rule, a preliminary investigation is defected or irregular, he may request another.
required to be conducted before the filing of a complaint or information for an  The absence of irregularity of P.I. is NOT a ground to Motion to Quash.
offense where the penalty prescribed by law is at least four (4) years, two (2) Because the absence or irregularity of P.I. does not affect the validity of
months and one (1) day without regard to the fine. information.
Probable Cause What is the remedy of the accused if P.I. was not conducted?
- defined as 'the existence of such facts and circumstances as would excite Remedy of the accused: The accused may file a Motion
the belief in a reasonable mind, acting on the facts within the knowledge asking the court to suspend the proceedings and direct the
of the prosecutor, that the person charged was guilty of the crime for which court to conduct a P.I.
he was prosecuted. Section 7. When accused lawfully arrested without warrant. — When a
May the parties present evidence that isn’t admissible? person is lawfully arrested without a warrant involving an offense which
requires a preliminary investigation, the complaint or information may be filed
A: Yes, because P.I is not the occasion to display full by a prosecutor without need of such investigation provided an inquest has
investigation. Hence, hearsay is acceptable. been conducted in accordance with existing rules. In the absence or
unavailability of an inquest prosecutor, the complaint may be filed by the
 Not admissible = not allowed by law
offended party or a peace office directly with the proper court on the basis of
Ex. R.A. 42200 (Voyeurism) – recording without consent.
the affidavit of the offended party or arresting officer or person.
Admissibility Requisites:
Before the complaint or information is filed, the person arrested may ask for a
a. The evidence must be relevant; and preliminary investigation in accordance with this Rule, but he must sign a
b. The evidence must be competent (WON the evidence is allowed by law) waiver of the provisions of Article 125 of the Revised Penal Code, as amended,
in the presence of his counsel. Notwithstanding the waiver, he may apply for
The P.I. in determining the probable cause is an executive function. bail and the investigation must be terminated within fifteen (15) days from its
inception.
Who may conduct a P.I. ?(Sec. 2)
After the filing of the complaint or information in court without a preliminary
1. Provincial or City Prosecutor and their assistants;
investigation, the accused may, within five (5) days from the time he learns of
2. National and Regional State Prosecutors; and
its filing, ask for a preliminary investigation with the same right to adduce
3. Other officers as may be authorized by law.
evidence in his defense as provided in this Rule.
The right to a P.I. is not a constitutional right not provided for by any law but
it’s a right granted to the accused. Anyway, the denial of P.I. is a denial of due
process but it is still a right that the accused may waived.

When is a warrant of arrest valid? (Rule 113, Sec. 5) without the benefit of a warrant of arrest issued by the court for the purpose
of determining whether said persons should remain under custody and
1. When, in presence of the policeman, the person to be arrested has correspondingly be charged in court.
committed, is actually committing, or is attempting to commit an offense,
in flagrante delicto rule. Why not a warrant of arrest?
2. When an offense has just been committed, and he has probable cause to
believe based on personal knowledge of facts or circumstances that the A: Because the person is already in jail.
person to be arrested has committed it (this is the hot pursuit rule); and When can the accused ask for a P.I?
3. When the person to be arrested is a prisoner who has escaped from a
penal establishment or place where he is serving final judgment or is A: Within 5 days from the time the accused learns the filing of
temporarily confined while his case is pending, or has escaped while being information.
transferred from one confinement to another.
What is the nature of the 5-day period?
What happens when the person arrested has committed a crime valid of P.I.?
A: It is mandatory, if he fails to ask for P.I., he can’t demand
A: The person will be brought to the city or municipal jail to be for it anymore.
detained.
May the P.I. be conducted in spite of valid warrantless arrest?
Art. 125 of RPC. Delay in the delivery if detained persons to the proper judicial
A: Yes, that is to waive Art. 125 of RPC. The waiver must be
authorities.
in writing and in presence of his counsel. If he waives, he may
 12 hrs. – light felonies now be detained even beyond the maximum number of hours.
 18 hrs. – correcional penalties
An information must have the approval of the court.
 36 hrs. – afflictive penalties
Within 10 days, the RTC judge must personally evaluate the information,
o Delivery of a person – it doesn’t mean that you’ll bring the person resolution, and supporting evidences.
to court. You will file an information and that will serve as the
delivery of the person to the accused. (a) If there’s a probable cause, he shall issue a warrant of arrest, or a
commitment order if the accused has already been arrested pursuant to a
Before a case, must be filed in court, there must be; warrant issued by the judge who conducted the preliminary investigation
or when the complaint or information was filed pursuant to section 7 of this
1. An inquest
Rule (Rule 112, Sec. 6a).
- can be made only in a valid warrantless arrest.
(b) If there’s no probable cause, he shall dismiss the case.
- an informal summary investigation as conducted by a public
(c) If there’s a doubt in the probable cause, he shall require the prosecutor to
prosecutor to determine if there is enough ground to commit the
file additional evidence within 5 days from notice and the issue must be
accused in jail and for the filing of case in court.
resolved by the court within 30 days from the filing of the complaint or
2. The filing of information in court.
information (Rule 112, Sec. 6a).
3. The court will issue a commitment order.
Why does the judge need to personally evaluate?
An inquest is an informal and summary investigation conducted by the public
prosecutor in a criminal case involving persons arrested and detained A: To determine the evidence of probable cause.
Is the private investigator’s probable cause and the judge’s probable cause Investigating Officer’s Resolution
the same? No
If the city or provincial prosecution disapprove of the resolution, they can file
2 kinds of determination of probable cause: the information against the respondent, or direct any other assistant
prosecutor or state prosecutor to do so without conducting another preliminary
1. Executive Determination investigation.
- made by investigation officer.
- made for filing of information. A city or provincial prosecution issues a resolution to the DOJ but if it’s not
exceeding 6 yrs., it will be appealed to the Regional State prosecution or a
2. Judicial Determination resolution may appeal to the CA for certiorari under Rule 65.
- made by a judge
- made for issuing a warrant of arrest. The resolution of the DOJ is appealable to the office of the president only if the
crime’s penalty is death (death is suspended).
The filing of probable cause by officer is not binding by the judge. The will have
to justify probable cause to justify the issuance of a warrant of arrest. The resolution of the office of President is appealed to the CA under RA 43 by
means of Petition for Review.
 personal evaluation is NOT the same with personal examination.
May the Ombudsman conduct a P.I.?
Classification of evidence:
A: Yes. One can also question it for certiorari under Rule 65 but
1. object evidence
through the SC.
2. documentary evidence
3. testimonial evidence The Ombudsman issues a resolution in an administrative case. If the
respondent is not satisfied.
Investigating officer can resolve the complaint based on the evidence
presented by the complaint when; A: Respondent can file for Review under Rule 43.
1. The respondent can’t be subpoenad; or If a crime requiring a P.I. is committed, the offended party may go to the police
2. He’s subpoenad but the respondent didn’t file a counteraffidavit within 10 station and file a complaint to the police. The police may file his statement
days. which may be called “sworn statement”. The police will submit the sworn
May a P.I. be conducted ex parte? statement and other supporting documents to the city prosecutor that will now
be considered as the complaint.
 Ex parte means without participation of respondent.
o The offended party may also go to a law office and hire a lawyer. The
A: Yes.
lawyer makes the affidavit and other documents and will submit it to the
Resolution: Investigating officer can resolve the complaint prosecutor’s office.
based on the evidence presented by the complaint when;
If the city prosecutor filed the information and filed the information and
1. The respondent can’t be subpoenad; or appealed to the DOJ, can the DOJ dismiss the case?
2. He’s subpoenad but the respondent didn’t file a counter
A: No. The executive is out and now the case is within the
affidavit within 10 days.
court’s discretion.

Who will be the prosecutor? o The offense requires a P.I. if the penalty is at least 4:2:1, but not exceeding
6 years.
A: Ask the court for another prosecution. - The case may be filed by means of information or complaint.
What’s the duty of RTC judge if info was filed by court? 2 Kinds of Examination:
A: Section 6. When warrant of arrest may issue. — (a) By the 1. Direct examination
Regional Trial Court. — Within ten (10) days from the filing of 2. Cross-examination
the complaint or information, the judge shall personally
evaluate the resolution of the prosecutor and its supporting
evidence. He may immediately dismiss the case if the When may the MTC judge issue summons instead of a warrant of arrest in a
evidence on record clearly fails to establish probable cause. If criminal case?
he finds probable cause, he shall issue a warrant of arrest, or
a commitment order if the accused has already been arrested A: If the following requisites are present?
pursuant to a warrant issued by the judge who conducted the 1. The case doesn’t require a P.I.
preliminary investigation or when the complaint or information 2. He finds probable cause.
was filed pursuant to section 7 of this Rule. In case of doubt 3. …but there is no necessity of placing the accused under
on the existence of probable cause, the judge may order the immediate custody.
prosecutor to present additional evidence within five (5) days
from notice and the issue must be resolved by the court within Summons
thirty (30) days from the filing of the complaint of information.
- a process usually issued in a civil case. In a civil case, when a complaint
(b) By the Municipal Trial Court. — When required pursuant to the second is filed in court, then the court issues summons.
paragraph of section 1 of this Rule, the preliminary investigation of cases - To file a summon in court.
falling under the original jurisdiction of the Metropolitan Trial Court, Municipal
In criminal case: If the MTC judge is satisfied that there is no necessity for
Trial Court in Cities, Municipal Trial Court, or Municipal Circuit Trial Court may
placing the accused under custody, he may issue summons instead of a
be conducted by either the judge or the prosecutor. When conducted by the
warrant of arrest (Rule 112, Sec. 9).
prosecutor, the procedure for the issuance of a warrant or arrest by the judge
shall be governed by paragraph (a) of this section. When the investigation is
conducted by the judge himself, he shall follow the procedure provided in RULE 113: ARREST
section 3 of this Rule. If the findings and recommendations are affirmed by the
X is in Baguio, but is assigned in La Trinidad. He saw a person committing a
provincial or city prosecutor, or by the Ombudsman or his deputy, and the
crime and detained him in La Trinidad. Was he right?
corresponding information is filed, he shall issue a warrant of arrest. However,
without waiting for the conclusion of the investigation, the judge may issue a A: No, Sec. 3 of Rule 113.
warrant of arrest if he finds after an examination in writing and under oath of
the complainant and his witnesses in the form of searching question and Legal Basis: Section 3. Duty of arresting officer. — It shall
answers, that a probable cause exists and that there is a necessity of placing be the duty of the officer executing the warrant to arrest the
the respondent under immediate custody in order not to frustrate the ends of accused and to deliver him to the nearest police station or jail
justice. without unnecessary delay.

Entrapment v. Investigation specified. Bail may be given in the form of corporate surety, property bond,
cash deposit, or recognizance.
In entrapment, there is no absolutory case and it is a device to arrest a criminal.
On the contrary, the officers will be exempt from liability because of an Kinds of Bail
absolutory cause.
1. Cash deposit;
Q was arrested and detained. X is telling that it’s an unlawful arrest. How can - In real life, you can ask the court to reduce the bail in the information
he test the legality? through motion to reduce bail. Usually, but not always, the court
reduces the bail to half. If the accused has money, he may post bail
A: (1) file a habeas corpus – if there is no cause; or the purpose of the bail is to secure the temporary release of the
(2) file a motion to quash – in a case that there is no person.
jurisdiction. 2. Property Bond;
How can a court acquire jurisdiction? 3. Corporate Surety; and
4. Recognizance
A: if there’s a valid arrest.
GR: only a person in custody of the law can post bail.
A case has been filed against X and a warrant of arrest was filed against him.
How may X assail the validity of warrant of arrest? EXCPT: If it appears at any time before judgment that a mistake has been
made in charging the proper offense, the court shall dismiss the original
(1) File a motion to quash the warrant of arrest if he is not yet complaint or information upon the filing of a new one charging the proper
been arrested. offense in accordance with section 19, Rule 119, provided the accused shall
(2) File a motion to quash the complaint or information if he’s not be placed in double jeopardy. The court may require the witnesses to give
already been arrested. bail for their appearance at the trial (Rule 110, Sec. 14).
Conditions of Bail (Sec. 2)
Note: For the bail to have validity, it must be approved by the court.
X is the accused. A warrant of arrest was issued against him. The police went
1. Once approved, the bail shall remain in effect at all stages of the
to X’s house, but captured X’s twin, Y. Y challenged the validity of his arrest.
proceedings, unless cancelled until the promulgation of judgment by the
What’s his legality?
RTC, whether the case has been originally filed in or appealed to it.
Remedy of the accused: The remedy is habeas corpus 2. The accused must appear in court when required by court or by Rules of
because there is no case against him. Court.
 At the arraignment, the accused must appear in court, because the
RULE 114: BAIL information will be read to him in his language and he personally pleas.
Ex. During in-court identity. The identity of the accused must be proven
Section 1. Bail defined. — Bail is the security given for the release of a person
beyond reasonable doubt. In a criminal trial, you prove the identity of the
in custody of the law, furnished by him or a bondsman, to guarantee his
offender and the offender and the crime.
appearance before any court as required under the conditions hereinafter

If the accused fails to appear in court, the court can: - under special laws
- do not have accessory penalty
(1) Issue an order of arrest; or
(2) Issue an Order of Forfeiture (declaring his bond forfeited). This will 3. Before the judgment of conviction of RTC not punishable by death,
require the bondsman within 30 days from receipt of the order to; reclusion perpetua, and life imprisonment, where the evidence of guilt is
a. produced the body of the accused; NOT strong.
b. explain why the accused failed to appear in court the first time he
is required to do so; and When is bail a matter of discretion? (Sec. 5)
c. show cause why no final judgment shall be rendered against them
for the amount of bail. After judgment of conviction by the RTC of an offense not punishable by death,
reclusion perpetua, or life imprisonment.
If the bondsman failed to do any, some, or all of the aforementioned,
the court will issue an Order of Confiscation (declaring the bond X is charged with homicide, is bail a matter of right?
confiscated), in favor of the government. A: Yes, because homicide is punishable by reclusion
3. The failure of the accused to appear in court on the dates in which he had temporal.
notice while constitute a waiver of his right to appear, and he may be tried If he is already convicted, can he post bail?
in absentia.
4. The bondsman shall surrender the accused to the court for the execution A: It now depends upon the court’s discretion.
of final judgment.
When is bail neither a matter of right or discretion? (Sec. 5)
The original papers shall state the full name and address of the accused, the
1. Before the judgment of conviction of RTC punishable by death, reclusion
amount of the undertaking and the conditions herein required. Photographs
perpetua, and life imprisonment.
(passport size) taken within the last six (6) months showing the face, left and
2. After the judgment of conviction of RTC punishable by death, reclusion
right profiles of the accused must be attached to the bail.
perpetua, and life imprisonment.
When is bail a matter of right? (Sec. 4) 3. After the judgment of conviction of RTC and the penalty imposed is
imprisonment exceeding 6 years but less than death, reclusion perpetua,
1. Before or after judgment of conviction of MTC. or life imprisonment, or any of the following bail-negating circumstances is
2. Before the judgment of conviction of RTC not punishable by death, not present;
reclusion perpetua, and life imprisonment. (a) That he is a recidivist, quasi-recidivist, or habitual delinquent, or has
Note: In 2016, death penalty was prohibited. committed the crime aggravated by the circumstance of reiteration;
(b) That he has previously escaped from legal confinement, evaded
o Reclusion Perpetua v. Life Imprisonment sentence, or violated the conditions of his bail without valid
 Reclusion Perpetua justification;
- 20 yrs. and 1 day to 40 yrs. (c) That he committed the offense while under probation, parole, or
- nomenclature of penalty in RTC. conditional pardon;
- has accessory penalty. (d) That the circumstances of his case indicate the probability of flight if
 Life Imprisonment released on bail; or
- no fixed duration
(e) That there is undue risk that he may commit another crime during the 2. If the bail is a matter of discretion, or the accused desires to be released
pendency of the appeal. on recognizance, the application therefore may only be filed with the court
4. Upon the finality of the decision unless he files for probation (Sec. 24). where the case is pending, and not in any other court.
3. A person who is in custody without being charged may file his application
Section 24. No bail after final judgment; exception. — No bail shall be for bail in any court of the province, city, or municipality where he is held.
allowed after the judgment of conviction has become final. If before such
finality, the accused has applies for probation, he may be allowed A was arrested for carnapping in Baguio but he posted bail in
temporary liberty under his bail. When no bail was filed or the accused is Manila. Is that allowed? No.
incapable of filing one, the court may allow his release on recognizance to 4. If the accused has been convicted by the RTC and bail is a matter of
the custody of a responsible member of the community. In no case shall discretion, the application for bail may be filed with the same RTC
bail be allowed after the accused has commenced to serve sentence. notwithstanding that a notice of appeal has already been filed provided
that the record of the case has not yet been transmitted to the appellate
 promulgation of judgment becomes final after 15 days or after the filing court. Otherwise, it would be filed with the CA.
of an application for probation. 5. If the judgment of conviction by the RTC changed the nature of the offense
 appeal and probation are mutually exclusive remedies, such that if you from non-bailable to bailable, the application for bail may only be filed with,
appeal, you cannot file an application for probation and vice versa. and be acted upon by the appellate court.
Section 7. Capital offense of an offense punishable by reclusion Can he file for the application of bail?
perpetua or life imprisonment, not bailable. — No person charged with a
capital offense, or an offense punishable by reclusion perpetua or life A: Rule of residual power applies. While on No. 5, it is not
imprisonment, shall be admitted to bail when evidence of guilt is strong, applicable.
regardless of the stage of the criminal prosecution.
Recognizance
R.A. 10707
When may a person be released on recognizance?
- if the trial court has convicted the accused with a non-probation penalty
o Instances:
then the penalty was adjusted to a probational penalty then he can now
a. In light offenses
apply for probation before the finality of judgment.
b. The offender is a youthful offender (over 15 but under 18, acted
Where to file bail? (Sec. 17) with discretion)
c. The accused files for probation.
1. The accused may file his bail with the court where the case is pending but d. If the accused has been detained for a period equal to or greater
if the judge of that court is absent or unavailable, bail may be filed in the than the minimum imposable penalty, regardless of the
RTC or MTC of the same place; Indeterminate Sentence of Law.
e. If the accused is qualified under R.A. 10389 or the Recognizance
If the accused is arrested other than where it was filed, then bail may be Act of 2012.
filed in the RTC of that place, and if there is no RTC, in the MTC of the
same place.

R.A. No. 10389 May an extradite be released on bail?
- a mode of securing the liberty of a person in custody who is unable to post Yes, if he can show by clear and convincing evidence that;
bail due to abject poverty. (1) He is not a danger to the community;
- provides that recognizance is a matter of right in all offenses not (2) He is not a flight risk.
punishable by death, reclusion perpetua or life imprisonment.
Note: A person could also be released on bail because of humanitarian
Is homicide included? reasons (Enrile v. Sandiganbayan, G.R. No. 213847, August 18, 2015).
A: Yes, because it is punishable by reclusion temporal. Hold Departure Order
How to apply for recognizance? - only the RTC and Sandiganbayan could issue this.
- precautionary hold-departure order. No case filed yet.
To apply for recognizance; - applicable only if the offense is punishable by at least 6 years and 1 day.
1. the accused must execute a sworn declaration that he is an indigent;
2. There must be a certification issued by the head of DSWD of the city or o Precautionary Hold Departure Order
municipality where the accused actually resides, that the accused is ‒ apply in the RTC of the province or city within whose territory.
indigent; ‒ If no case has been filed yet, the prosecutor can file this.
3. The accused should be already arraigned; and ‒ If the person is a foreigner, a precautionary HDO may be filed
4. The court must give notice about the application by the accused to the regardless of penalty.
Sanggunian of the city or municipality where the accused actually resides. Watchlist Order (Dept. Circ. 41)
Disqualifications for Recognizance; - no person could leave the Philippines once issued of this order.
1. The accused made an untruthful statement in his sworn declaration; - was declared void.
2. That any of the following bail-negating circumstances are present; Bail may be cancelled automatically or through cancellation.
(a) That he is a recidivist, quasi-recidivist, or habitual delinquent, or has
committed the crime aggravated by the circumstance of reiteration; Bail may be cancelled upon motion;
(b) That he has previously escaped from legal confinement, evaded
sentence, or violated the conditions of his bail without valid (1) upon the surrender of the accused to the court; or the bondsman will file
justification; an application for cancellation; or
(c) That he committed the offense while under probation, parole, or (2) upon proof of death of the accused (ex. death certificate)
conditional pardon; Cancellation of bail is automatic:
(d) That the circumstances of his case indicate the probability of flight if
released on bail; or 1. Upon the acquittal of the accused;
(e) That there is undue risk that he may commit another crime during the 2. Upon the dismissal of the case; or
pendency of the appeal. 3. Upon the execution of a final judgment of conviction.
3. The accused has a pending case.
Filing of bail does not mean that the accused abandons his right to question
 The crime committed but he also had another pending case that
the legality of arrest or absence of preliminary investigation.
involves an offenses equal to or greater than the offense.
A: Yes. When the question subjects him to a penalty

RULE 115: RIGHTS OF THE ACCUSED to a crime. Before that, he can’t.
Sec. 1. Rights of accused at the trial. X can’t be subpoenad because he has a right against
self-incrimination. He can’t be compelled to testify
- may overlap with constitutional law. against him.
a. Rights to be presumed innocent until his guilt is proven beyond - when a witness testifies, he will be examined directly or cross-
reasonable doubt examined. Cross-examination on all matter covered is not covered
- the prosecution has the burden of proof beyond reasonable doubt. provided that it is relevant. But, when the accused himself testify as
The presumption of innocence ends when they filed reasonable doubt. his own witness, he can be cross-examined on matters covered by
- the court does not numbered evidence; it weighs the evidence. direct examination only.
- if the evidence presented by prosecution and accused are evenly
balanced, then the balance may be titled in favor of the accused when To testify as a witness in his own behalf but subject to cross-
evidence is presented. examination on matters covered by direct examination. His silence
shall not in any manner prejudice him (Rule 115, Sec. 1(d)).
The equipoise rule states that where the inculpatory facts and
When is cross-examination based on the direct examination?
circumstances are capable of two or more explanations, one of which
is consistent with the innocence of the accused and the other A: (1) When the accused testifies as his own witness; or
consistent with his guilt, then the evidence does not fulfil the test of (2) When the witness is a hostile witness.
moral certainty and is not sufficient to support a conviction. The
equipoise rule provides that where the evidence in a criminal case is d. The right to counsel
evenly balanced, the constitutional, presumption of innocence tilts the
scales in favor of the accused (PP. v. Lanurias, G.R. No. 207662, April  Miranda Rights
13, 2016) - originated in US and adopted in Consti of PH.
 General Inquiry is not a custodial investigation but it focuses on an
b. The right to be informed of the nature and cause of the accusation individual has the right to counsel at the trial.
against him
- if the accused is informed of the charged against him. What if the accused thought he was being represented by an attorney, but
- there is violation of the right of the accused to be informed and it isn’t? Does that violate his right? Yes.
cannot be amended since this is substantial information. Is the accused or any party of the case bounded by the mistake of his counsel?
c. The right of the accused to not be compelled to be a witness against
oneself. A: Yes. If there is none, there won’t be an end in litigation.
- the right against self-incrimination is applicable only on testimonial
GR: The accused or any party of the case is bounded by the mistake of his
evidence or communicative in nature.
counsel.
Ex. PP v. X; W is a witness
EXCPT: When the negligence of counsel is so gross that the due process of
W was subpoena. He has to go or he’ll go to jail. Does he have the the client was violated (this can be a ground for new trial). When this happens,
right for self-incrimination? the lawyer can be sued by client.
- this refusal does not necessarily mean lack of respect for the court.
RULE 116: ARRAIGNMENT & PLEA The accused may be doing this to preserve certain rights such as the
right to question the lack of preliminary investigation.
Arraignment 2. The accused enters a conditional plea of guilty
- this should be valid. If it’s void, there’s no arraignment, all proceedings - a conditional plea of guilty is void. If the accused insists, the court will
including judgment is void. enter a plea of not guilty for him.
- no arraignment, accused can’t be tried in absentia. 3. Accused pleads guilty but presents exculpatory evidence.
- there is no arraignment in absentia.
o Exculpatory Evidence
How arraignment is done? - any evidence used to support the innocence of a defendant on a
trial.
The accused must be present. The information will be read to him. It must be
done in the language that he understands to inform the accused of the nature
For example, the accused invokes the mitigating circumstance of
of the offense against him. When he does not understand, the arraignment is
incomplete self-defense to reduce his penalty, the court will consider his
void.
plea of guilty withdrawn and enter a plea of not guilty for him.
Arraignment consists of the following;
Requisites of self-defense;
1. Reading of complaint or information cannot be waived except; a. there must be an unlawful aggression on the part of the victim;
a. In multiple cases, the waiver must be expressed in writing, with his or b. reasonable necessity of the means employed to prevent or repel it;
her counsel’s consent; and and
b. In criminal cases involving violations of environmental law. c. lack of sufficient provocation on the part of the person resorting to self-
2. Plea evidence
a. It can be waived
b. Guilty or not guilty □ If all requisites are present, self-defense can be used as a justifying
circumstance.
May the accused waived arraignment? No.
□ If one of these requisites are missing, it will be a privileged mitigating
GR: The accused must personally enter his plea. circumstance. In here, it is either the penalty will get lowered by one or
two degrees or the accused will get a lighter penalty.
EXCPT: But in some instances, the court will be the one to enter a plea of not 4. In criminal cases involving violation of an environmental law; if the
guilty; accused posts bail.
1. the accused refuses to enter a plea;
2. the accused enters a conditional plea of guilty; The judge of the court who issued a warrant of arrest will read to the
3. accused pleads guilty but presents exculpatory evidence; or accused the information or complaint in the language he understands and
4. in criminal cases involving violation of an environmental law; if the accused the accused signs an undertaking that;
posts bail. a. he will appear in court for the arraignment on the date specified in the
undertaking.
Instances where the court will be the one to enter a plea of not guilty;
1. The accused refuses to enter a plea

b. If he fails to appear for the arraignment, he waives his right of reading 3. Judgment of conviction is based on the plea of guilty because prosecutor
the information or complaint and he authorizes the court to enter a failed to present evidence despite opportunity to do so judgment of
plea of not guilty for him. acquittal.
4. Accused pleads guilty but prosecutor failed to prove his guilt. The accused
When the accused pleads guilty; will be acquitted.
1. Guilty to a non-capital punishment, the judgment will be rendered the Improvident Plea of Guilty
same day;
2. Guilty to a capital offense, the court has the following duties; - it is a plea of guilty made by the accused based on a mistaken assumption
a. conduct a searching inquiry into the voluntariness and full or misleading on wrong information.
comprehension of the consequences of his plea;
b. to require the prosecution to prove the accused’s guilt and the precise Remedy of the accused: The accused will withdraw his plea of guilty of
degree of his culpability; improvidence by filing a Motion to Withdraw, alleging it to have been made
c. to allow the accused to present evidence in his behalf; if he so desires. improvidently at any time before the judgment of conviction becomes final.
This is mandatory. Failure to do so is grave discretion. The accused was promised something to plead guilty.
Capital Offense Remedy of the accused: The accused will withdraw his plea
of guilty of improvidence by filing a Motion to Withdraw,
- which at the time of its commission is punishable by death. alleging it to have been made improvidently at any time before
the judgment of conviction becomes final.
Note: casual way of asking questions is NOT a searching inquiry.
How it happens;
Guidelines at the Trial Stage
The accused is arraigned and pleads guilty, then the judgment is promulgated
1. The accused pleads guilty and the prosecutor presents evidence proving in the same day.
the guilt of the accused;
 15 days from the date of promulgation, judgment becomes final.
2. Court renders a judgment of conviction;
3. The accused pleads guilty and the prosecutor fails to present evidence Plea Bargaining
despite opportunity to do so. A judgment of acquittal will be rendered to
the accused in such case. - pleading guilty to a lesser offense but should be made with the permission
of the prosecutor and offended party.
Guidelines at the Appeal Stage
Is plea bargaining allowed for offenses under Dangerous Drugs Act (R.A. No.
1. Judgment of guilt is based on the plea of guilty of the accused 9165)?
(suspended).
2. Judgment of conviction is based solely on the plea of guilty because the Before, no. But it was declared unconstitutional as it violates
evidence presented by the prosecutor failed to prove his guilt. Judgment the rule-making power of the SC.
shall be reserved  acquittal.

Requirements: 5. Motion challenging arrest or warrant of arrest

6. Motion to re-open preliminary investigation
1. It must be done with the consent of both the offended party and the
prosecution. But when the offended party fails to appear in court despite Motion to Quash
due notice to him, the court may allow plea bargaining with the consent of
the prosecution alone; - this is a special pleading filed by the accused before entering his plea,
2. It must be done at the arraignment; which hypothetically admits the truth of facts in the complaint of
3. It may also be allowed after arraignment. However, before trial, the information and sets up a matter which if proven would preclude further
accused must withdraw his plea of not guilty; proceedings.
4. No amendment of the complaint or information is necessary. - made on the ground of insufficiency of the information or complaint.
- the accused is the only one who could file this.
Why should the offended party be present at the arraignment? - directly against the complaint or information.
A: (1) Bargaining for purposes of plea bargaining; In what form may the motion to quash be?
(2) Determination of the civil liability of the accused; or
(3) Other matters requiring his presence. A: It must be in writing; signed by the accused or by his
counsel. It must specify the factual and legal basis or grounds.
Suppose the offended party is notified of the date and time of the arraignment.
But despite notice to him, he failed to appear, may a plea of guilty to a lesser At what point in the proceeding may he file a Motion to Quash?
of offense be valid? Even with the consent of the prosecutor alone?
A: Any time before his arraignment.
A: Yes. If the offended party fails to appear at the arraignment
despite due notice to him, then a plea of guilty for a lesser On what grounds may he file a Motion to Quash?
offense with the consent of the prosecutor alone will be valid. A: Section 3. Grounds. — The accused may move to quash
In victimless crimes, like illegal possession of firearms, who will give the the complaint or information on any of the following grounds:
consent? (a) That the facts charged do not constitute an offense;
A: It will be the arresting officer or the prosecutor who will give (b) That the court trying the case has no jurisdiction over the
the consent. offense charged;
(c) That the court trying the case has no jurisdiction over the
person of the accused;
RULE 117: MOTION TO QUASH (d) That the officer who filed the information had no authority
- sui generis (a class in itself) to do so;
- can be filed only based on the ground mentioned in Sec. 3 of this Rule. (e) That it does not conform substantially to the prescribed
form;
Motions/Remedies the accused may file before his arraignment or plea: (f) That more than one offense is charged except when a
single punishment for various offenses is prescribed by
1. Motion to quash
law;
2. Motion to appeal bill of particulars
(g) That the criminal action or liability has been extinguished;
3. Motion to the material evidence
4. Motion to suspension of arraignment
(h) That it contains averments which, if true, would constitute PP v. Garfin (G.R. No. 153176, 2004)
a legal excuse or justification; and
(i) That the accused has been previously convicted or - the accused was charged in court under an information that did not have
acquitted of the offense charged, or the case against him an approval.
was dismissed or otherwise terminated without his - the information was void because the court did not acquire jurisdiction over
express consent. the case.
Note: If it is not included on the grounds stated in Sec. 3, Motion to Quash Ongkingco v. Sugiyama (G.R. No. 217787, 2019)
cannot be filed. It is sui generis (a class in itself); exclusive. - the Supreme Court issued the following guidelines;
Motion to quash after plea: 1. Before arraignment: if the information was filed by an authorized
prosecutor without the approval of provincial or city prosecutor, the
1. The facts charged do not constitute an offense; court may require the signature of the provincial or city prosecutor to
2. Lack of jurisdiction over the offense charged; avoid quashal. However, if…
3. The action or liability has been extinguished; 2. After arraignment: it was raised, the same should be a ground to
4. Double jeopardy declare the information as void. If it was filed without approval, then
the court should require their approval. Otherwise, the case may be
He pleaded. Next day, he filed a Motion to Quash because there were two dismissed due to lack of jurisdiction.
offenses. 3. If the information was filed by an unauthorized official, not the
A: He cannot file anymore. He waived his right after plea. prosecutor, then it is invalid from the start because the court
can’t acquire jurisdiction over the case.
Art. 14, RPC. There is the existence of qualifying circumstances. Is it enough
to say superior strength in the information?  The accused filed an information for homicide at the RTC Baguio. It was
dismissed. The Chief of Police has no authority to sign the information.
A: No. The ultimate facts must be alleged in the information.
The information is invalid from the beginning. The court can’t motu proprio
Remedy: The accused may file a motion to quash or a motion dismiss the case.
to bill for particulars before arraignment. After plea, he already
Double Jeopardy
waives his objection.
Civil action: res judicata (means “bar by prior judgment”). This is a counterpart
Rule 116, Sec. 9. Bill of particulars. — The accused may, before
of double jeopardy.
arraignment, move for a bill of particulars to enable him properly to plead and
to prepare for trial. The motion shall specify the alleged defects of the Elements:
complaint or information and the details desired.
1. Must have a valid complaint or information.
Rule 112, Sec. 4. Resolution of investigating prosecutor and its review. 2. The court where the complaint or information was filed must be a
competent jurisdiction.
No information or complaint may be filed or dismissed by an investigating 3. There must be a valid arraignment.
officer without the provincial or city prosecutor or Chief State Prosecutor or the 4. The case was dismissed or terminated without his express consent.
Ombudsman or his deputy’s approval.

In dealing with double jeopardy, there are two criminal cases; If the defects can be cured by amendment, the court must not dismiss the case
outright. Motion to quash can be amended.
Killing happened in Baguio, but the information was filed in La Trinidad. After
arraignment and during trial, they found out that the killing happened in Baguio. Provisional Dismissal
The case in La Trinidad was dismissed. Accused filed a Motion to Quash.
- temporary; dismissal is not permanent.
A: Not valid. There is no double jeopardy because the initial
court did not have jurisdiction. Section 8. Provisional dismissal. — A case shall not be provisionally
dismissed except with the express consent of the accused and with notice to
A was the victim. During arraignment, X entered a conditional plea. A and the offended party.
prosecution allowed it. The court allowed it. X was sentenced. After, A had
changed of mind. A asked the prosecutor to file the case. X filed a motion to The provisional dismissal of offenses punishable by imprisonment not
quash. Is this valid? exceeding six (6) years or a fine of any amount, or both, shall become
permanent one (1) year after issuance of the order without the case having
A: No, there was no valid plea and arraignment. If there is a been revived. With respect to offenses punishable by imprisonment of more
conditional plea, the court will enter a “not guilty” plea for him. than six (6) years, their provisional dismissal shall become permanent two (2)
The court should not have accepted the condition. There was years after issuance of the order without the case having been revived.
no valid plea bargaining too.
Requisites (PP. v. Lacson, G.R. No. 149453, 2003);
Note: There is no double jeopardy if the same sets of act will give rise to 2 or
more offenses. 1. The prosecution, with the express conformity of the accused or the latter’s
counsel moves for a provisional dismissal of the case; or both the
How criminal liability is extinguished? prosecution or accused move for a provisional dismissal of the case.
2. The offended party is notified of the motion for a provisional dismissal of
1. Death of convict the case
2. Service of sentence 3. The court issues an order granting the motion and dismissing the case
3. Amnesty provisionally.
4. Absolute pardon 4. The public prosecutor is served with a copy of the order of provisional
5. Prescription of the crime dismissal of the case.
6. Prescription of the penalty
7. Marriage of the offended party Source:https://batasnatin.com/law-library/remedial-law/criminal-
procedure/616-provisional-dismissal.html
Accused filed a motion to quash, but was denied. What are his remedies?
If it is one year after the issuance of the order, if the offense is punishable by
Remedy of the accused: Enter a plea. Go to trial. Enter error imprisonment not exceeding 6 years or a fine of any amount, or both, without
on appeal or file a petition for certiorari. the case being revived, or two years after the issuance of the order of the
Accused filed a motion to quash and it was granted. offense if punishable by imprisonment of more than 6 years, without the case
having been revived.
Remedy of the prosecutor: The prosecutor may amend the
complaint. Then, refile the case and file for appeal.  In a civil case, refile the complaint.
 In a criminal case, you don’t refile it, you revive it.

How can a case be revived? Purpose
1. Re-filing the information or filing of a new information for the same offense 1. Plea Bargaining;
necessarily included therein without need of a new preliminary 2. Stipulation of Facts;
investigation unless the original witnesses of the prosecution or some of 3. Marking for identification of evidence of the parties;
them may have recanted their testimonies or may no longer be available 4. Waiver of objections to the admissibility of evidence;
and new witnesses for the State have emerged. 5. Modification of the order of trial if the accused admits to the charge but
2. A new preliminary investigation is also required if aside from the original interposes a lawful defense;
accused, other persons are charged under a new criminal complaint for 6. Such matters as will promote a fair and expeditious trial of the criminal and
the same offense or necessarily included therein. civil aspects of the case.
3. Under a new criminal complaint, the criminal liability of the accused is
upgraded from that of an accessory to that of a principal.  In civil and criminal cases, pre-trial is mandatory. It cannot be dispensed
4. Under a new criminal complaint, the charge has been upgraded. with.
 Usually after arraignment, the case will be reset to another date for pre-
Source:https://batasnatin.com/law-library/remedial-law/criminal-
trial. They are held on different dates.
procedure/616-provisional-dismissal.html
 But if the accused does plead guilty to the offense charged, or to a lesser
Distinction between Motion to Quash and Provisional Dismissal offense included in the offense charged, then pre-trial will be hold on the
same day immediately after the arraignment.
Motion to Quash Provisional Dismissal  If the accused pleads guilty to a capital offense, the court has the
Must be in writing May be written or oral following duties;
Filed by the accused May be filed by the prosecutor, the a. To conduct a searching inquiry;
accused or jointly by the prosecutor b. To require the prosecution to prove the guilt of the accused; and
and accused.
c. To allow the accused to present evidence in his behalf, if he wants
Must be based on the grounds (Rule May be filed for no reason at all
to.
117, Sec. 3)
Must be filed before arraignment May be filed any time. Stipulation of Facts
The parties will agree on the facts. They will enter into an agreement as what
 If the accused files for provisional dismissal, the consent is already given. the facts are. To be admissible, it must be in writing and signed by the accused
and his counsel.
Two instances even if it is the accused;
Who are tasked to check the writing and signature?
1. If the accused will move for the dismissal of the case invoking his right to
speedy trial. A: The prosecution has the responsibility.
2. If the accused files a demurrer of evidence
 The judge must be active in getting the parties to stipulate on facts. These
RULE 118: PRE-TRIAL facts need not to be proven anymore because they have already been
admitted.
If the accused is arraigned and he pleads guilty, there will be no pre-trial on
the same day. There will be a promulgation of judgment.
GR: Prove what you have alleged, but there are matters that don’t need - is not equivalent to offer of evidence. What you do at pre-trial is simply to
evidence, namely: mark and any attempt to offer is void.
(1) Those matters that the court can take the judicial notice of; Reversed Trial
(2) Those matters that are judicially admitted; and
(3) Those matters that are presumed. In a criminal case, if the accused admits to the charge but interposes a lawful
defense, then there would be a reversed trial.
 Judicial admissions are made by a party to a case in the course of the
proceedings in the same case. These don’t need evidence. RULE 119: TRIAL
GR: During pre-trial, no agreements or admissions made or entered therein Order of Trial
can be used against the accused unless;
(a) reduced in writing; and 1. The prosecution will be the first to present evidence. It will call witnesses
(b) signed by the accused and counsel to testify. It us up to the prosecution to decide on the number of witnesses.
2. The accused may or may not present evidence.
 When the accused have been convicted based on admissions made which  The prosecution must present evidence in order to fulfill its duty to
were not reduced in writing and signed by accused and counsel, the case prove the accused’s guilt beyond reasonable doubt. The accused is
will be set aside and the accused may be acquitted. required to present evidence.
3. If the accused presents evidence, the prosecution may present rebuttal
EXCPT: When the admission pertains to a qualifying circumstance that evidence. The accused may also order for the submission of
increases the penalty to death, such admission must be proven by the memorandum or hear oral arguments, in the proper cases.
prosecution notwithstanding the admission. 4. The court may also order for the submission of memorandum or hear oral
arguments, in the proper cases.
When pre-trial is over and the case is set for pre-trial, and in the course of the
5. Upon admission of evidence, the case shall be deemed submitted for
trial, the offended party made certain admissions not reduced into writing and
decision.
signed by the accused and counsel, and the accused is convicted on the basis
6. Then, there shall be promulgation of judgment.
of the admissions made. Is the rule on pre-trial applicable?
Suppose the prosecution or the defense has a witness but the witness is about
A: No. The form required under Sec. 2 of Rule 118 is only
to depart the Philippines without a fixed date of return, or lives more than 100
required in admissions made using pre-trial.
km from the place of trial, or is otherwise unable to testify due to infirmities.
Section 2. Pre-trial agreement. — All agreements or What is the remedy of the prosecution or defense?
admissions made or entered during the pre-trial conference
Remedy of the prosecution or defense:
shall be reduced in writing and signed by the accused and
counsel, otherwise, they cannot be used against the accused.  In civil cases, the remedy would be to take the deposition
The agreements covering the matters referred to in section 1 of the witness. Such that if a case is pending in Baguio
City and a material witness resides in General Santos
of this Rule shall be approved by the court. (sec. 4, cir. 38-98).
City, such witness cannot be compelled to testify by
Marking of Evidence means of subpoena because he has a victory right. The
way to do it is to take the deposition of the witness in
- evidentiary facts are needed to prove the ultimate facts. GenSan.
Note: He need not be guilty. What is important is that he is not the

There are two ways to take deposition: most guilty. The right hand of the mastermind of the crime may be
a. By means of oral examination; and discharged.
b. By means of written interrogatories.
e. The accused has not been convicted of any offense that involves
moral turpitude.
 In criminal cases, the remedy is to take conditional
examination. This applies whether the witness is a
defense of prosecution witness and that of a defense 5. The court will issue an order discharging the accused.
witness? This will operate as an acquittal. He will not be included in the same complaint.
Yes. if the witness is a prosecution witness, his The discharge of an accused to be used as a State witness must be upon
conditional examination may be taken before (a) a judge; motion filed by the prosecution. The motion will be set for hearing. During this
or (b) a member of the Bar in good standing (a lawyer). hearing, the prosecution will present evidence in support of the motion to
discharge. Among the evidence to be presented in a sworn statement of the
Discharge of an accused to be utilized as a State witness accused.
 This is governed by Rule 119 of the Rules of Court. Is the sworn statement of the accused whose discharge is being requested
 The order discharging him operates as an acquittal. admissible in evidence?
What are the requisites in order for an accused to be discharged so that A: If the motion to discharge is denied, and therefore, the
he would be utilized as a State witness? accused is not discharged, then his sworn statement is not
admissible in evidence.
1. There must be a case filed against several accused.
2. The prosecution must file a motion in court, asking for the discharge of one This is logical because the accused asking to be discharged is facing the risk
or some of the accused, before it rests its case. that the sworn statement will be used against, in case the motion is denied.
3. The motion must be set for hearing. There will be a date set by the court.
 But if the motion is granted, and the accused is discharged, then his sworn
Evidence will be presented by prosecution. There must be a sworn
statement is admissible.
statement by the accused whose discharge is being requested. Said
 The evidence presented at the hearing shall be deemed reproduced at the
accused must give his consent. The sworn statement must narrate;
trial without need of retaking them.
a. how the crime was committed; and
b. his complicity in the commission of the crime. Requisites of evidence:
4. After the hearing, the court must be satisfied that;
a. there is absolute necessity for the testimony of the accused whose 1. The evidence must be relevant; and
discharge is being requested; 2. It must be competent.
b. there is no other evidence available for the proper prosecution, other
What is the effect of the order discharging the accused to be used as a
than his testimony;
State witness?
c. the testimony can be substantially corroborated on its material points;
and The order will operate as an acquittal. The accused cannot be re-included in
d. the accused doesn’t appear to be the most guilty. the information, except in the following cases;
a. If he refuses; or The motion for leave of court to file demurrer to evidence shall specifically state
b. If he testifies contrary to what he has stated in his sworn statement. its grounds and shall be filed within a non-extendible period of five (5) days
after the prosecution rests its case. The prosecution may oppose the motion
What are the difference between discharge of an accused under Rule 119 within a non-extendible period of five (5) days from its receipt.
and admission to the Witness Protection Program (WPP)?
If leave of court is granted, the accused shall file the demurrer to evidence
1. WPP or R.A. 6981 applies only to grave felonies or their equivalence in within a non-extendible period of ten (10) days from notice. The prosecution
special laws. Rule 119 applies to any offense. may oppose the demurrer to evidence within a similar period from its receipt.
2. WPP requires that the witness or a member of his family within the second
degree of consanguinity or affinity by marriage (ex. a brother-in-law) is The order denying the motion for leave of court to file demurrer to evidence or
subjected to threat to life or bodily injuries. In Rule 119, there is no such the demurrer itself shall not be reviewable by appeal or by certiorari before
limitation. judgment.
3. WPP doesn’t apply to law enforcement body. In Rule 119, there is no such
limitation. Filing a demurrer to evidence with leave of court and without leave of
4. In WPP, the witness need not to be charge of any offense. In Rule 119, he court
must’ve already been charged.  An accused who files a demurrer without leave waives the right to present
5. In WPP, the witness enjoys benefits like cost of living allowance, housing, evidence and submits the case for judgment by the court on the basis of
assistance from the DOJ, and change of identity. Rule 119 does not the evidence that was presented by the prosecution.
mention such benefits.
6. In WPP, the immunity is granted by the DOJ which was the prerogative to Here, the case will be submitted for decision. There will be no presentation
approve or admit or not to admit a witness into the program. The immunity of evidence by the accused. A notice of promulgation will be issued and a
granted in Rule 119 comes from the court. judgment will be promulgated either (a) acquitting or (b) convicting the
Can you apply for WPP after applying for Rule 119? Yes. accused.
Can you apply for WPP without no case? Yes.  An accused who files it with leave of court doesn’t lose the right to present
evidence in the event that his demurrer to evidence is denied by the court.
Demurrer to Evidence in a Criminal Case
 The court will rule on demurrer to evidence, either (a) granting or (b)
Sec. 23. Demurrer to evidence. — After the prosecution rests its case, the by denying it.
court may dismiss the action on the ground of insufficiency of evidence (1) on  If granted, the case will be dismissed on the ground of insufficiency of
its own initiative after giving the prosecution the opportunity to be heard or (2) evidence, which would amount to an acquittal.
upon demurrer to evidence filed by the accused with or without leave of court.  If denied, there will be no judgment. The case will be set for
continuance of trial, and the accused will present his evidence.
If the court denies the demurrer to evidence filed with leave of court, the
accused may adduce evidence in his defense. When the demurrer to evidence Finality of Acquittal
is filed without leave of court, the accused waives the right to present evidence
and submits the case for judgment on the basis of the evidence for the Can the State appeal to a grant of Demurrer of Evidence?
prosecution.

A: No, because this will violate the right of the accused against A: The right against double jeopardy is not violated because
double jeopardy. A grant of a demurrer to evidence amounts unlike in an appeal where the appellant is questioning the
to a judgment of acquittal. correctness of the judgment. In a certiorari petition, the
petitioner is assailing the validity of the judgment. If he
If appeal is not a proper remedy, is there any other remedy? succeeds, the judgment will be nullified. It will be void, as if
A: Yes. there had been no judgment at all. Hence, the requisite of
judgment in double jeopardy is not present.
Remedy of the State: The remedy is a petition for certiorari
under Rule 65 in the following case: In what instances can’t be said that the accused is filing with leave of
court? Without leave of court?
a. If the State was denied due process; or
b. In in granting the demurrer, the court has acted without Under the new rule of the Revised Rules in Continuous Trial, after the
jurisdiction, or in excess of jurisdiction, or with grave prosecution rests its case, the judge will ask the defense if it wants to file a
abuse of discretion amounting to lack or excess of demurrer to present its evidence. If the defense chooses to file, it will move
jurisdiction. orally that the accused will be granted leave to file a demurrer. If granted by
the court, the defense or accused has 10 days to file. After the notice of filing,
What is the remedy of the accused whose demurrer to evidence, filed with the prosecution has 10 days to file a comment. Then the court has 30 days to
leave of court, is denied? decide on the demurrer. Here, the accused is deemed to have filed with leave
of court.
Remedy of the accused: The accused shall present his
evidence. An accused who files with leave of court does not If the court denies the oral motion, the accused can still file a demurrer. Here,
lose his right to present evidence in the event that the he is deemed to have filed without leave of court.
demurrer is denied.
But, if the demurrer is granted the case will be dismissed and

RULE 120: JUDGMENT
it will amount to an acquittal due to lack of evidence.
Judgment
Due process should work both ways. The State is entitled to due process.
It is a written adjudication of the court that the accused is guilty or not guilty of
Galman et al. v. Sandiganbayan et al. (G.R. No. 72670, 1986) the offense charged, and the imposition of the proper remedy, and the civil
liability, if any.
- sham trial
- the acquittal was pre-determined Requisites:
- the SC held that the prosecution was deprived of due process and
1. It must be written in an official language;
fair opportunity to prosecute and prove their case which grossly
2. It must be directly and personally prepared by a judge;
violates the due process.
3. It must be state distinctly and clearly the facts and the law upon which it is
Is there a time limit for filing a petition for certiorari? Yes. based.
In a petition for certiorari, the right against double jeopardy is not violated.
Why?

Note: A judgment that doesn’t state the facts and the law upon which it is o ...in the absence of the accused?
based is a void judgment. This is also called a sin perjuicio de
(notwithstanding anything to the contrary). A: Yes, there can be a promulgation in absentia. Provided,
that the accused has been notified.
4. It must be signed by the judge.
How will the judgment be promulgated in absentia?
Note: The judgment must be signed and it will be promulgated during the 1. By recording it in the criminal docket; and
incumbency of the judge who signed the judgment. If the judge who signed 2. The accused is served a copy of the judgment through his counsel or his
the judgment is no longer the judge when it was promulgated, then the last known address.
judgment is void.
What if the judge died, can a new judge promulgate a new judgment? Yes.
The judge will cease to be incumbent if:
What if the accused was not notified?
1. he dies;
2. he is dismissed; A: You reset and notify the accused.
3. he gets promoted to a higher office; and
4. he resigns. The remedies of the accused before the judgment attains finality:
1. Appeal
2. New Trial
What if the judge is absent? 3. Reconsideration
4. Reopening of Trial
A: The judgment will be promulgated by the clerk of court.
Note: If the accused fails to appear in court for the promulgation, he loses the
How may a judgment be promulgated?
abovementioned remedies.
 Judgment is promulgated by reading to it to the accused in open court.
Is there anything the accused can do to regain or reacquire the remedies
 But if the accused is convicted of a light offense, judgment may be read in
he has lost? Yes.
the presence of his counsel or representative.
 The accused must be notified of the promulgation. They may also notify Within 15 days from promulgation of judgment, the accused must (a) surrender
the bondsmen. himself to the court; and (b) file a motion for leave to avail the remedies. He
must do both things to regain the remedy.
May a judgment be promulgated in the absence of a judge?
In his motion, he must explain why he had failed to appear on date of
A: Yes.
promulgation. If the court finds the explanation meritorious, the motion will be
Legal Basis: Section 6, Rule 120 of the Revised Rules of granted. The court will issue an order to the effect, and a copy of the order will
Criminal Procedure allows a court to promulgate a judgment be served to the accused. Then the accused, will have 15 days from the
in absentia and gives the accused the opportunity to file an service of the copy of the order to avail himself of the remedies he has lost.
appeal within a period of fifteen (15) days from notice to the
latter or the latter's counsel; otherwise, the decision becomes
final (Javier v. Gonzales, G.R. No. 193150, 2017).
When does a judgment becomes final? caused by his wrongful act or omission to be recovered from the accused by
the offended party, if there is any, unless the enforcement of the civil liability
Except when death penalty is imposed, judgment becomes final in any of the by a separate civil action has been reserved or waived.
following instances;
In case the judgment is of acquittal, it shall state whether the evidence of the
1. After the lapse of the period to appeal (15 days from promulgation of prosecution absolutely failed to prove the guilt of the accused or merely failed
judgment). to prove his guilt beyond reasonable doubt. In either case, the judgment shall
2. When the sentence is partially or totally satisfied or served; determine if the act or omission from which the civil liability might arise did not
3. When the accused waives in writing the right to appeal; or exist.
4. When the accused files an application for probation.
Section 3. Judgment for two or more offenses. — When two or more
What if the accused was 17 yrs. old with discernment when he committed the offenses are charged in a single complaint or information but the accused fails
crime and when the judgment was promulgated, he was over 18? Is he still to object to it before trial, the court may convict him of as many offenses as
entitled? are charged and proved, and impose on him the penalty for each offense,
setting out separately the findings of fact and law in each offense.
A: Yes. In PP. v. Monticalbo (A.M. No. RTJ-09-2197, 2011),
the SC held that it is more consistent with the spirit of the law Section 4. Judgment in case of variance between allegation and proof.
to give the benefit of suspended sentence to the accused — When there is variance between the offense charged in the complaint or
even if at the time of promulgation, he is already over 24. 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
However, the benefit of suspension of sentence, is not offense proved which is included in the offense charged, or of the offense
available to youthful offender who commits a crime charged which is included in the offense proved.
punishable death, reclusion perpetua, and life imprisonment.
This refers to the penalty imposable under the law, not the Section 5. When an offense includes or is included in another. — An
penalty actually imposed by the court after trial. offense charged necessarily includes the offense proved when some of the
essential elements or ingredients of the former, as alleged in the complaint or
Rule 120: Judgment information, constitute the latter. And an offense charged is necessarily
Section 1. Judgment definition and form. — Judgment is the adjudication included in the offense proved, when the essential ingredients of the former
by the court that the accused is guilty or not guilty of the offense charged and constitute or form a part of those constituting the latter. (5a)
the imposition on him of the proper penalty and civil liability, if any. It must be Section 6. Promulgation of judgment. — The judgment is promulgated by
written in the official language, personally and directly prepared by the judge reading it in the presence of the accused and any judge of the court in which
and signed by him and shall contain clearly and distinctly a statement of the it was rendered. However, if the conviction is for a light offense, the judgment
facts and the law upon which it is based. may be pronounced in the presence of his counsel or representative. When
Section 2. Contents of the judgment. — If the judgment is of conviction, it the judge is absent or outside of the province or city, the judgment may be
shall state (1) the legal qualification of the offense constituted by the acts promulgated by the clerk of court.
committed by the accused and the aggravating or mitigating circumstances If the accused is confined or detained in another province or city, the judgment
which attended its commission; (2) the participation of the accused in the may be promulgated by the executive judge of the Regional Trial Court having
offense, whether as principal, accomplice, or accessory after the fact; (3) the jurisdiction over the place of confinement or detention upon request of the
penalty imposed upon the accused; and (4) the civil liability or damages
court which rendered the judgment. The court promulgating the judgment shall affect any existing provisions in the laws governing suspension of sentence,
have authority to accept the notice of appeal and to approve the bail bond probation or parole.
pending appeal; provided, that if the decision of the trial court convicting the
accused changed the nature of the offense from non-bailable to bailable, the RULE 121: NEW TRIAL &
application for bail can only be filed and resolved by the appellate court.
RECONSIDERATION
The proper clerk of court shall give notice to the accused personally or through
his bondsman or warden and counsel, requiring him to be present at the There must be a judgment of conviction. Before it becomes final, the court may
promulgation of the decision. If the accused tried in absentia because he grant a new trial upon the motion of the accused in his own instance.
jumped bail or escaped from prison, the notice to him shall be served at his
last known address. Grounds for New Trial:
In case the accused fails to appear at the scheduled date of promulgation of 1. That errors of law or irregularities prejudicial to the substantial rights of the
judgment despite notice, the promulgation shall be made by recording the accused were committed at the trial; or
judgment in the criminal docket and serving him a copy thereof at his last 2. That there is newly-discovered evidence, that is, evidence that;
known address or thru his counsel. a. couldn’t have been discovered during the trial even with the use of
ordinary diligence; and
If the judgment is for conviction and the failure of the accused to appear was b. discovered only after trial; and
without justifiable cause, he shall lose the remedies available in these rules c. if presented and admitted would probably change the result of trial;
against the judgment and the court shall order his arrest. Within fifteen (15) d. provided that there is no final judgment yet.
days from promulgation of judgment, however, the accused may surrender
and file a motion for leave of court to avail of these remedies. He shall state Effects of the Order Granting New Trial
the reasons for his absence at the scheduled promulgation and if he proves
1. It vacates the judgment;
that his absence was for a justifiable cause, he shall be allowed to avail of said
2. The case will stand for trial de novo (new trial);
remedies within fifteen (15) days from notice.
3. The evidence at the former trial not affected by the error of law or
Section 7. Modification of judgment. — A judgment of conviction may, upon irregularity shall be deemed reproduced at the new trial without the need
motion of the accused, be modified or set aside before it becomes final or to retake them. The court will render another judgment.
before appeal is perfected. Except where the death penalty is imposed, a
Reopening of Trial v. New Trial
judgment becomes final after the lapse of the period for perfecting an appeal,
or when the sentence has been partially or totally satisfied or served, or when Reopening of Trial New Trial
the accused has waived in writing his right to appeal, or has applied for 1. At any time before the finality of 1. At any time before a judgment
probation. judgment of conviction becomes final
2. The judge may open the 2. The court may or by Motion of
Section 8. Entry of judgment. — After a judgment has become final, it shall proceeding. the accused at its own instance.
be entered in accordance with Rule 36. 3. To avoid miscarriage of justice.
Section 9. Existing provisions governing suspension of sentence,
probation and parole not affected by this Rule. — Nothing in this Rule shall

where a violation of municipal ordinances or some general or

RULE 122: APPEAL special police regulation shall have been committed by them
or their employees.
Note: When you appeal from a judgment, you go to higher court and you seek
review of the higher court. "Innkeepers are also subsidiary liable for restitution of goods
Who may file an appeal? taken by robbery or theft within their houses from guests
lodging therein, or for payment of the value thereof, provided
Only the following can appeal from a judgment; that such guests shall have notified in advance the innkeeper
himself, or the person representing him, of the deposit of such
1. The State, provided it will not place the accused in double jeopardy;
goods within the inn; and shall furthermore have followed the
2. The accused in a judgment of conviction; and
directions which such innkeeper or his representative may
3. The offended party but only as to the civil aspect of the case.
have given them with respect to the care and vigilance over
If the judgment has an adverse effect on that person, can he appeal? No. such goods. No liability shall attach in case of robbery with
violence against or intimidation of persons unless committed
Phil. Rabbit Bus, Inc. v. PP (G.R. No. 147703, 2004) by the innkeeper’s employees."
The driver was charged with reckless imprudence. He was convicted and
Moreover, the foregoing subsidiary liability applies to
ordered to pay damages. Judgment was promulgated and the driver had 15
employers, according to Article 103 which reads:
days to appeal. During the time to perfect an appeal, the driver jumped bail.
As regards the civil damages, the employer is primarily liable. In case of "The subsidiary liability established in the next preceding
insolvency, the employer will be subsidiarily liable. A motion must be filed in article shall also apply to employers, teachers, persons, and
the same case in order to enforce the employer’s subsidiary. The employer corporations engaged in any kind of industry for felonies
took upon himself to file an appeal, arguing that the liability of the employee committed by their servants, pupils, workmen, apprentices, or
(drive) will eventually become his liability. employees in the discharge of their duties."
o Can the employer appeal? Culpa Aquiliana (quasi-delict) v. Culpa Criminal
Culpa Aquiliana Culpa Criminal

A: No. Being a non-party of the case, the employer cannot
the employer is liable for the act of the liability is only subsidiary
appeal. He cannot act independently of his employee.
employee.
both can be sued the offended party must proceed
Legal Basis: Liability of an Employer in a Finding of Guilt with employee first
Article 102 of the RPC states the subsidiary civil liabilities of The meaning of stay is it suspends the judgment;
innkeepers, as follows:
Ex. Judgment was promulgated on July 1 and no appeal is taken from
"In default of the persons criminally liable, innkeepers, tavern judgment. After July 16, the judgment becomes final. On July 15, when they
keepers, and any other persons or corporations shall be civilly file an appeal and it is pending, it will stay the judgment.
liable for crimes committed in their establishments, in all cases

What if there are several accused; some appealed while others didn’t What is The Supreme Court may promulgate procedural rules in all courts. It has the
the effect of the appeal? sole prerogative to amend, repeal or even establish new rules for a more
simplified and inexpensive process, and the speedy disposition of cases. In
A: The judgment will stay for the one who appealed. There will the rules governing appeals to it and to the Court of Appeals, particularly Rules
be an entry of judgment to the one who did not appeal. 42, 43 and 45, the Court allows extensions of time, based on justifiable and
If the appellate court renders a judgment to the appealed case, will the compelling reasons, for parties to file their appeals. These extensions may
accused who did not appeal be affected by the judgment? No. consist of 15 days or more.
GR: When the appellate court renders a judgment to the What about the offended party, when is the starting point?
appealed case, the accused who did not appeal be affected A: If they are present in court, they will start on that day.
by the judgment.
If they were not present, it will start once his counselor or he
EXCPT: If it is favorable to the accused. himself received a copy of the promulgation of judgment.
Three accused were charged under the same information and all are convicted  This is what we call a constructive notice.
of homicide. X appealed and Y did not. The CA held that the crime should have
Remedies for a judgment of conviction that has not attain the finality of
been murder. Will Y be convicted of murder too?
judgment:
A: No, it would only be valid if it is favorable to accused.
1. Motion for New Trial
Suppose the RTC convicted the accused with murder then the CA changed it 2. Motion for Reconsideration
to homicide. Will the mitigating circumstance of minority affect all the accused? 3. Motion for Reopening Trial
A: The mitigating circumstance of minority is personal. It is What if the judgment becomes final and accused is serving sentence, is there
only favorable and applicable to that specific accused. still a remedy against a judgment that has become final?
A: Yes.
Ruling in Neypes Remedy: In criminal cases, the remedy is to file a petition for
habeas corpus in the following cases;
The SC laid down the doctrine of fresh 15-day period to appeal.
1. When a violation of constitutional right results in the
Ex. If you filed a Motion for Reconsideration and it was denied, you received restraint of a person;
the receipt on Oct. 1 and now you want to appeal from the judgment, the new 2. When the court has no jurisdiction to impose the
deadline for appeal is Oct. 1-Oct. 16. The ruling in Neypes applies to criminal sentence;
cases too. 3. When the penalty imposed is excessive and it is void as
to the excess;
Yu et al. v. PP. (G.R. No. 170979, 2011): In Neypes, the Court modified the
4. When the result of a DNA examination shows that the
rule in civil cases on the counting of the 15-day period within which to appeal.
accused did not commit the crime.
The Court categorically set a fresh period of 15 days from a denial of a motion
for reconsideration within which to appeal, thus: May an accused be compelled to provide DNA sample from his own
body? Yes.
DNA is important to:  Appeal to the SC by Notice of Appeal to the SB.

3. The SB is exercising original jurisdiction and imposes death.
 determine a person for paternity;  The case will automatically go to the SC on automatic review. The
 determine the commission of the crime; accused does not have to do anything.
 carefully determine the identity of a person. 4. The SB is exercising original jurisdiction because the case came from the
RTC which imposed death, reclusion perpetua, and life imprisonment.
Before, if you filed an appeal to the wrong court, it will transfer the appeal to
The SB imposes death, reclusion perpetua, and life imprisonment.
the correct court. Now, if you filed an appeal to the wrong court, it will dismiss
The SB shall render judgment but refrain from entering it and instead
the case.
elevate the record of the case to the SC for review.
Modes of Appeal
Appeal involving regular courts of justice
1. Ordinary Appeal (appeal by writ of error)
I.
a. this can be by notice of appeal; and
b. by record on appeal a. The case came from the MTC;
 applies only to civil cases. b. Judgment is appealable by means of a Notice of Appeal with the MTC;
2. Petition for Review c. Then the case goes up to the RTC;
3. Petition for Review on Certiorari d. From the RTC, appeal will be by petition for review with the CA.
e. From the CA, appeal will be to the SC via petition for review on certiorari.
 It is governed by Rule 40 and Rule 41.
 It is governed by Rule 42 and also by Rule 43. Illustration:
 It is governed by Rule 45. Petition for Review on
Notice of appeal Petition for Review Certiorari
Note: Petition for certiorari is governed by Rule 65. MTC RTC CA SC
Appeal by notice of appeal II.
- it is simply that, a notice of appeal. a. The case came from the RTC which is exercising original jurisdiction;
b. The penalty imposed by the RTC is less than death, reclusion perpetua,
Appeal from the Sandiganbayan (SB) or life imprisonment;
c. Appeal to the CA via Notice of Appeal with the RTC;
1. The SB impress (if exercising original jurisdiction) or affirms (if appellate f. From the CA, appeal to the SC via petition for review on certiorari.
jurisdiction) a penalty less than death, reclusion perpetua, or life
imprisonment. Illustration:
Petition for Review on
 Appeal to the SC by filing a petition for review on certiorari, if only
Notice of appeal Certiorari
questions of law are raised. RTC CA SC
Note: Questions of law, when the controversy is what law should be based III.
on a settled application, will not require are-evaluation of evidence.
a. The penalty imposed by the RTC is reclusion perpetua or life
2. The SB is exercising original jurisdiction and imposes the penalty of imprisonment;
reclusion perpetua or life imprisonment. b. Appeal to the CA by filing a notice of appeal with RTC;
c. From the CA, appeal to the SC by filing a notice of appeal with the CA In due time, the clerk of court will assemble the record of the case. Then, the
(matter of right). record will be transmitted to the CA. This is also called “original record”.
d. If the appeal will raise only pure questions of law, then there can be a
direct appeal from the RTC to the SC by filing petition for review on The CA upon receipt of the record of the case, will notify the parties, the
certiorari. appellant and the appellee.
Illustration: The notice will order appellant to file his appellant’s brief, within 30 days from
notice. The appellee will furnish a copy and he will also have 30 days to file
RTC
Notice of appeal
CA
Notice of appeal
SC; his own brief called the “appellee’s brief”.
What should be contained in the appellant’s brief?

Petition for Review
on Certiorari 1. Statement of the case;
RTC SC (for pure questions of law only) 2. Statement of the facts;
IV. 3. Statement of the issues involved;
4. Assignment of errors;
a. The RTC imposed the penalty of death; 5. Argument (on the assigned errors)
b. The case goes to the CA on automatic review;
c. The CA shall render judgment but refrain from entering judgment; instead, Supposed the appellant withdraw his appeal.
the record of the case will be elevated to the SC. A: If the appellant has not filed the appellant’s brief. Then, he
Illustration: also has a matter of right.
record of the case What if he has filed his brief?

automatic review will be elevated
RTC CA SC A: Yes, but if it’s within the court’s jurisdiction.
What should be stated in a Notice of Appeal? Note: In a notice of appeal, you do not argue yet. You will (a) file the notice
1. Copy of title of the case; and (b) pay the docket fees, you have already perfected your appeal. This
2. Caption (docket no., case no., etc.) means you have filed your appeal in due time.
3. Notice of appeal Can you file a motion asking for extension of the period to file a notice of
4. “Accused-appellant” by counsel respectfully gives notices that he is appeal?
appealing from the judgment on July 1, 2017, finding him guilty of
Homicide, to the CA, on the ground that the judgment is contrary to law. A: No, but you can file a motion to extend the filing of an
appellant’s brief.
The Process
Post-conviction Remedies
If the judgment is rendered by the RTC in the exercise of its regional
jurisdiction, appeal may be made to the CA by filing a Notice of Appeal with 1. Habeas corpus
the same RTC.
Jurisprudence has recognized that the writ of habeas corpus may also be
availed of as a post-conviction remedy when, as a consequence sentence as
to circumstance of a judicial proceeding, any of the following exceptional You have to file an application for search warrant in what court?
circumstances is attendant: 1) there has been a deprivation of a constitutional
right resulting in the restraint of a person; 2) the court had no jurisdiction to 1. It should be filed with the court within whose territory the crime is
impose the sentence; or 3) the imposed penalty has been excessive, thus committed;
voiding the sentence as such excess (Abellana v. Paredes, G.R. No. 232006, 2. If there is a compelling reason, the application may be filed with the court
July 10, 2019). within the judicial region where the crime is committed, if the place of
commission is known or with the court where the search warrant is to be
A DNA test may be conducted without the need of a court order, provided enforced;
that the following requisites are present; 3. If the criminal action has already been instituted, the application may only
be filed with that court.
1. There exists a DNA sample;
2. The DNA sample is relevant; GR: The compelling reason must be stated in the application.
3. The result of the DNA examination is likely to result in or cause a
modification or reversal of the judgment of conviction. EXCPT: The executive judge or vice judge of RTCs of Manila and Quezon City
to issue a search warrant in the following cases;
Search Warrant and Seizure
1. Heinous crimes;
Search Warrant 2. Illegal possession of firearms;
3. Illegal Gambling;
It is an order in writing in the name of the People of the Philippines signed by 4. R.A. 9165 (Dangerous Drugs Act);
the judge addressed to a peace officer. Commanding him to search a personal 5. Anti-loitering Law;
property described therein and bring it before the court. 6. Intellectual Property; and
7. Tariff and Customs.
The lifetime of search warrant is 10 days from the date it was issued. After
that, it automatically becomes void and may no longer be extended.
 The search warrant by these executive judges is enforceable anywhere in
 A search warrant is in the nature of a criminal process. If it is civil, you the Philippines.
can’t apply for search warrant. The search warrant described the place as 1st building. When they went, there
 was no 1st building, but there was 11th building. They conducted a search. Is
GR: Search warrant can be enforced only once. the search valid? No.
EXCPT: When the search is interrupted without fault to the officer. The search Remedies against search warrant:
may be continued provided that it is within the 10-day period. 1. Motion to Quash the search warrant; or
2. Motion to suppress illegally-obtained evidence.
 It must include the time and place. If it is vague, it will be void. A general
search warrant is not valid. Note: These are mutually exclusive.
 Scattershot warrant – a search warrant is not valid if it charges two or
more offenses. In what court may the motions be filed?
1. Where the criminal action has been filed;

2. If there is no criminal action yet, the court that issued the search warrant;
3. If the motion has not been resolved, and a criminal is subsequently filed in
another court, then the motion must be resolved in the latter court.
GR: The search shall be conducted with the house occupant presence or in
his absence, a member of his family. If the house occupant and a member of
his family is absent, the search must be conducted with at least 2 witnesses
who are residence of the same community.
Cybercrime Warrants
Kinds:
1. Warrant to disclose a computer data;

2. Warrant to intercept a computer data;
3. Warrant to seize, search, or examine computer data; and
4. Warrant to examine computer data
Disclose
There must be a complaint officially docketed. The computer provider can be

compelled to disclose the data.
Intercept
The law enforcement agencies will be authorized to record any computer data.
Search, Seizure, and Examine
 This is similar to a search warrant.

 The device or computer are taken by some lawful means. To access the
data of the device, you need to get a warrant of computer data.
Who can issue the cybercrime warrant?
A: RTC’s cybercrime courts
 The lifetime of this warrant is 10 days, but it may be extended for 10 days.
 It is enforceable within and outside PH but with the coordination of DOJ
 Data Privacy Act (e.g. giving phone numbers).

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2022 CRIM PRO DEAN AGRANZAMENDEZ LECTURE NOTES P.B.D.

Note: Those in red are added information. 1

Note: Those in red are added information. 3

Rules RULE 110: PROSECUTION OF OFFENSES

Note: Those in red are added information. 5

 a defective complaint or information is called duplicitous. Kinds of Amendment:

Distinctions of amendment and substitution Preventive Suspension of a Public Official

1. Amendment may be formal or substantial. Substitution is always What is suspension?

Note: Those in red are added information. 11

Note: Those in red are added information. 13

Note: Those in red are added information. 14

Conditions of Bail (Sec. 2)

Note: Those in red are added information. 15

Note: Those in red are added information. 17

R.A. No. 10389 May an extradite be released on bail?

A: Yes, because it is punishable by reclusion temporal. Hold Departure Order

A: Yes. When the question subjects him to a penalty

Note: Those in red are added information. 20

Note: Those in red are added information. 21

Requirements: 5. Motion challenging arrest or warrant of arrest

Note: Those in red are added information. 23

Note: Those in red are added information. 24

How can a case be revived? Purpose

Note: He need not be guilty. What is important is that he is not the

Note: Those in red are added information. 28

But, if the demurrer is granted the case will be dismissed and

Note: Those in red are added information. 29

Note: Those in red are added information. 32

where a violation of municipal ordinances or some general or

o Can the employer appeal? Culpa Aquiliana (quasi-delict) v. Culpa Criminal

Culpa Aquiliana Culpa Criminal

Note: Those in red are added information. 33

DNA is important to:  Appeal to the SC by Notice of Appeal to the SB.

Appeal by notice of appeal II.

What should be contained in the appellant’s brief?

record of the case What if he has filed his brief?

1. Where the criminal action has been filed;

1. Warrant to disclose a computer data;

There must be a complaint officially docketed. The computer provider can be

Search, Seizure, and Examine

 This is similar to a search warrant.

Who can issue the cybercrime warrant?

A: RTC’s cybercrime courts

Note: Those in red are added information. 38

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