Jurisdiction, Prosecution of Offenses, Prosecution of Civil Action, Preliminary Investigation, Arrest, Bail,

Rights of Accused, Arraignment and Plea, Motion to Quash, Pre-Trial, Trial, Judgment, Appeal, Search and Seizure

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I. JURISDICTION CRIMINAL JURISDICTION OF COURTS

Three essential requisites to acquire jurisdiction: A. Metropolitan/Municipal Trial Courts (MTC)

PERSON OF THE ✓ Offenses punishable with imprisonment not exceeding 6 years;
SUBJECT MATTER TERRITORY
ACCUSED ✓ Provided, however, That in offenses involving damage to property
Conferred by law, thus, Can be acquired either When the commission of through criminal negligence, they shall have exclusive original
can’t be subject to by lawful arrest or an offense or any of its jurisdiction thereof; and
waiver, agreement, or voluntary appearance. essential ingredients was ✓ Violation of city ordinances.
consent by the parties. Grounds for valid committed in a particular B. Regional Trial Courts (RTC)
voluntary appearance: geographical boundary. ✓ Offenses punishable with imprisonment exceeding 6 years;
1. Asking affirmative ✓ Even not exceeding 6 years: Violations of RA 9165 (Dangerous
relief from the Court; Drugs Act), Violation of IPL (Intellectual property law),
2. Filing of motion to Defamation under Art. 360, Violation of 9262, Anti-money
quash, Except when laundering, Violation of Cyber-Crime Law, Those criminal cases
the ground is lack of falling under the appellate jurisdiction of SB, Violation of Election
Jurisdiction over the Laws
person of the accused; C. Sandiganbayan (SB)
3. Appearance of Counsel ✓ Two elements must concur: Know the crime committed and Who
during arraignment; committed the crime.
4. Entry of appearance of ✓ Crimes: Violations of RA 3019 3 Anti-Graft and Corrupt Practices
counsel for the Act, RA 1379 Forfeiture, Other offenses or felonies whether simple
accused; or or complexed with other crimes committed by the public officials
5. Act of posting bail and employees committed in relation to the office, Plunder, Direct
without qualification. Bribery (Art. 210), Indirect Bribery (Art. 211), Qualified Bribery
(Art. 211-A), Corruption of public official (Art. 212).
How is jurisdiction determined? ✓ Who committed the crime? Public officials with salary grade 27
1. By the allegations in the information; it is determined by penalty imposable not
the penalty imposed. Or
2. By the commencement of the criminal action not the law in effect at the time
of the commission of the offence. Except in Sandiganbayan cases, it is
determined at the time of the commission of the offense.

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II. PROSECUTION OF CRIMINAL OFFENSES Amendment vs. Substitution

AMENDMENT SUBSTITUTION
Sufficiency of Complaint or Information Formal or Substantial changes Always Substantial Change
A. Name of the Accused
B. Designation of the Offense Before plea is without leave of court Always with leave of court
C. Cause of Accusation – The Prosecutor MUST SPECIFY in the
information the details of the crime and any circumstance that As to form, need not Preliminary
aggravates his liability for the crime. Investigation needs Preliminary Investigation
D. Place of the Commission of the Crime – venue is where the crime
is committed. In BP 22, venue is where the check is: Drawn, Issued, Refers to same offense
Delivered, Dishonored, Deposited. Exceptions: Article 2, RPC, SC Refers to new information
orders change of venue (Sec.5[4],Art.VIII), Where an offense is
committed in a train, aircraft, or other public or private vehicle in the III. PROSECUTION OF CIVIL ACTION
course of its trip, Where an offense is committed on board a vessel in
the course of its voyage, Cases cognizable by Sandiganbayan, Libel General Rule:
(Art. 360), RA 8042 (Illegal recruitment cases) When a criminal action is instituted, the civil action for the recovery of the civil
E. Date of the Commission of the Crime – It is not necessary to state liability arising from the offense charged shall be deemed impliedly instituted
in the complaint or information the precise date the offense was with the criminal action.
committed except when it is a material ingredient of the offense.
F. Name of the Offended Party Exceptions:
Unless the offended party waives the civil action, reserves the right to institute
Duplicity of the Offense it separately or institute the civil action prior to criminal action and
A complaint or information must charge only one offense, except when the criminal action for violation of Batas Pambansa Blg. 22.
law prescribes a single punishment for various offenses. It is a ground for
motion to quash. However, it is waivable. NOTA BENE!
✓ What is deemed instituted with the criminal action is only the action
to recover civil liability arising from crime or ex delicto.
✓ Thus, this type of civil liability cannot proceed independently from the
criminal action. However, its institution and prosecution may be
reserved.

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Reservation of the prosecution of civil action, when shall be made? Effects of the death of the accused:
The reservation of the right to institute separately the civil action shall be made AFTER
before the prosecution starts presenting its evidence and under circumstances ARRAIGNMENT
affording the offended party a reasonable opportunity to make such BEFORE AND DURING PENDING
reservation. ARRAIGNMENT PENDENCY OF APPEAL
CRIMINAL
Acquittal in criminal action. What happens to civil liability arising ACTION
from the crime? Criminal case shall be Shall extinguish the civil Extinguishes his
General Rule: The extinction of the penal action does not carry with it dismissed without liability arising from the criminal liability as
extinction of the civil action. prejudice to any civil delict. well as the civil
Exception: However, the civil action based on delict shall be deemed action the offended liability based solely
extinguished if there is a finding in a final judgment in the criminal action that party may file against The independent civil thereon.
the act or omission from which the civil liability may arise did not exist. the estate of the action instituted, or
deceased. which thereafter is Claim for civil liability
Filing fees in criminal action: instituted to enforce survives if the same
General Rule: No filing fees are charged for actual damages in criminal cases. liability arising from may also be
Thus, the rules provide that except as otherwise provided in these Rule, no other sources of predicated on some
filing fees shall be required for actual damages. obligation may be source of obligation
Exceptions: continued against the other than delict.
1. Other items of damages are alleged in the complaint or information, they estate or legal
shall constitute a first lien on the judgment. (M-E-N-T-L) representative of the An action for
2. BP 22 and Estafa cases (the filing fees shall be the amount in the check) accused after proper recovery therefor
substitution or against may be pursued but
Cases where civil action may proceed independently: (no need of said estate, as the case only by way of filing a
reservation) may be. separate civil action.
1. Article 32 Violation of Constitutional Right
2. Article 33 Defamation, fraud, and physical injuries
3. Article 34 Failure of member of any city or municipal police officer to Prejudicial Question, defined.
render aid or protection A petition for suspension of the criminal action based upon the pendency of a
4. Article 2176 Quasi-delict prejudicial question in a civil action may be filed in the office of the prosecutor
or the court conducting the preliminary investigation.When the criminal action
has been filed in court for trial, the petition to suspend shall be filed in the
same criminal action at any time before the prosecution rest.

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Elements of Prejudicial Question: 5. Filing of Information to the proper court – Judge shall personally
1. The previously instituted civil action involves an issue similar or intimately evaluate the resolution and its supporting evidence. If judge finds,
related to the issue raised in the subsequent criminal action; o NO PROBABLE CAUSE, the case shall be DISMISSED, or
2. The resolution of such issue determines whether or not the criminal action ✓ PROBABLE CAUSE, a WARRANT OF ARREST shall be
may proceed. issued; or
- there is no necessity for placing the accused under custody, he
IV. PRELIMINARY INVESTIGATION shall issue SUMMONS.

Preliminary Investigation, defined. Procedure for cases not requiring Preliminary Investigation:
An inquiry or proceeding to determine whether there is sufficient ground to 1. For Chartered City:
engender a well-founded belief that a crime has been committed and the a. Filing of Complaint to the prosecutor’s office
respondent is probably guilty thereof and should be held for trial. b. Filing of Information directly to the proper Court
c. Issuance of Warrant
When required and not required: d. Arrest
Required: Offenses which are punishable by imprisonment of 4 yrs 2 months 2. For Provincial:
& 1 day (4-2-1) and up. a. Filing of Complaint directly to the proper Court
Not required: b. Issuance of Warrant
1. All other offenses which are punishable by imprisonment of less than 4 c. Arrest
yrs 2 months & 1 day (4-2-1); and 3. In Flagrante Delicto or Hot Pursuit:
2. When respondent is arrested IN FLAGRANTE DELICTO and a. Arrest
undergoing inquest.
Inquest Proceeding, defined:
Procedure of Preliminary Investigation: An investigation conducted by a prosecutor in criminal cases where a person
1. Filing a complaint has been lawfully arrested and detained without warrant.
2. Investigating prosecutor’s resolution – whether the resolution of the
complaint is dismissed or recommendation for filing of information, it Offender requests Preliminary Investigation:
shall be SUBMITTED to the CHIEF Prosecutor for APPROVAL The offender should WAIVED IN WRITING his rights under Art 125 RPC.
3. Chief Prosecutor Approval – it shall be acted upon by CHEIF The waiver must be under oath and assisted by his counsel.
prosecutor within 10 days from receipt of the Investigating Prosecutor's
resolution, or to Ombudsman in cases falling under the jurisdiction of
Sandiganbayan.
4. Remedy and the SOJ – upon motu proprio or by virtue of Petition for
Review, SOJ may reverse or modify the resolution of the provincial or city
prosecutor or chief state prosecutor.

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V. ARREST
How is arrest made?
An arrest is made by an actual restraint of a person to be arrested, or by his
submission to the custody of the person making the arrest.
Procedure:
1. Issuance of Warrant – Judge determines probable cause for issuance of
Warrant of arrest.
2. Execution of Warrant – Warrant is delivered to proper law enforcement
for execution. The head of the office to whom the warrant of arrest was
delivered for execution shall cause the warrant to be executed within 10
days from receipt of warrant. An arrest may be made on ANY DAY at
ANY TIME of the DAY or NIGHT.
3. Report of Warrant – Within 10 days after the expiration of the period,
the officer to whom it was assigned for execution shall make a report to
the Judge who issued the warrant. In case of failure to execute the warrant,
he shall state the reasons thereof.
NOTA BENE!
Warrant of Arrest is VALID UNTIL THE ARREST of the ACCUSED! The
report on warrant of arrest shall only mean a report and will not affect the
validity of the warrant of arrest. The court then after the report shall issue alias
warrant. Note again that the 10 days effectivity of warrant is subjected to search
warrant and not warrant of arrest. Thus, warrant of arrest is valid until the
arrest of the accused and the search warrant is valid for only 10 days from its
receipt.
Warrantless Arrest:
A peace officer or PRIVATE PERSON may, without a warrant, arrest a
Person:
a. In Flagrante Delicto Arrest; or
b. Probable Cause Arrest or Hot Pursuit Arrest
c. Arrest of Escapee
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In Flagrante Delicto, defined:
When, in his presence, the person to be arrested has committed, is actually
committing, or is attempting to commit an offense.
Requisites of In Flagrante Delicto Arrest:
1. The person to be arrested MUST execute OVERT ACTS indicating he
has just committed, is actually committing, or is attempting to commit a
crime.
2. The Overt Act must be related to crime for which accused is arrested.
3. The Overt act accompanied by reasonable suspicion must actually seen by
the arresting officer.
Hot Pursuit, defined:
When offense has just been committed and he has probable cause to believe
based on personal knowledge of facts or circumstances that the person to be
arrested has committed it.
Requisites of Probable Cause or Hot Pursuit Arrest:
1. An offense has just been committed.
2. The person making the arrest has PERSONAL KNOWLEGDE of the
facts and circumstances that the person to be arrested has committed it.
3. Based on these facts and circumstances that the arresting officer possessed
at the time of the accused arrest, would a reasonably dicreet and prudent
person believe that the accused committed the offense?
Arrest of Escapee, defined:
When the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgement or is temporarily
confined while his case is pending or has escaped while being transferred from
one confinement to another.
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Effects of Illegality of Arrest: (Invalid Warrant of Arrest & Invalid As a matter of DISCRETION:
Warrantless Arrest) a. UPON Conviction by RTC of offenses not punishable by death, reclusion
What is affected is only the jurisdiction of the court over the person of the perpertua or life imprisonment, or
accused. The illegality of the arrest CANNOT be the BASIS for ACQUITAL. b. Charged of offenses punishable by death, reclusion perpertua or life
It will not negate the validity of the conviction of the accused. imprisonment.

VI. BAIL Where to file?

1. To be filed & acted upon by the TRIAL COURT. Provided, original
Bail, defined: record has not yet been transmitted to appellate court.
A Security given for the release of a person in custody of the law, furnished by 2. To be filed in appellate court, if the decision from trial court changes from
him or a bondsman, to guarantee his appearance before any court as required non-bailable to bailable.
under the conditions of law.
When application of bail after conviction be RTC be denied?
General Rule: 1. If the penalty imposed by the trial court is imprisonment exceeding 6 years,
All persons, before their conviction for criminal offense, shall be entitled to the accused shall be denied bail, OR
bail. 2. His bail shall be cancelled upon showing by the prosecution, with notice
to the accused, of the "bail negating circumstances".
Exceptions:
No person charged with capital offense (death penalty), or reclusion perpetua Bail Negating Circumstances:
or life imprisonment penalty, shall be admitted to bail when evidence of guilt 1. That Accused is recidivist, quasirecidivist, or habitual delinquent, or has
is strong. committed the crime aggravated by the circumstances of reiteration.
2. That accused is previous escapee or violated the conditions of his previous
Forms of Bail: bail without justification.
1. Corporate Surety 3. The he committed an offense while under probation, parole, or
2. Property Bond conditional pardon.
3. Cash Deposit 4. Flight risk
4. Recognizance 5. There is undue risk that he may commit another crime during pendency
of appeal.
When shall application for bail be made?
As a matter of RIGHT:
a. Before or after conviction by MTC; or
b. Before Conviction by RTC of offenses not punishable by death, reclusion
perpertua or life imprisonment.

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VII. RIGHTS OF ACCUSED 4. Arraignment: Guilty or Not Guilty?

VIII. ARRAIGNMENT AND PLEA
Plea Bargaining, defined:
Arraignment, defined: A process whereby the accused and the prosecution work out a mutually
The formal mode and manner implementing the constitutional right of the satisfactory disposition of the case subject to court approval. It usually involves
accused TO BE INFORMED of the NATURE and CAUSE of the accusation the defendant's pleading guilty to a lesser offense or to only one or some of
against him. Its purpose is to apprise the accused why he is being prosecuted the counts of a multi-count indictment in return for a lighter sentence than
by the State. It is therefore INDISPENSABLE. that for the graver charge.

NOTA BENE! The Plea Bargaining types:

✓ The accused must be present (MANDATORY) at the arraignment and
must PERSONALLY ENTER his PLEA.
✓ When the accused refused to plead or makes a conditional plea, A
PLEA of NOT GUILTY shall be entered for him.
✓ When the accused pleads guilty but presents EXCULPATORY
EVIDENCE, his plea shall be deemed withdrawn and a plea of not
guilty shall be entered for him.
Arraignment procedure:
1. The Court shall inform the accused his rights to counsel and ask him if he
desires to have one. Unless the accused is allowed to defend himself in
person or has employed counsel of his choice, the court MUST ASSIGN
a COUNSEL de OFICIO to defend him.
2. Remedies of accused before arraignment:
a. Bill of Particulars
b. Motion for Suspension
c. Motion to Quash
d. Question validity of warrant or arrest
e. Modes of Discovery
3. Date of Arraignment. When the accused is under preventive detention, his
case shall be raffled. The Accused shall be arraigned within 10 days from
the date of raffle. If the accused is not a detainee, The arraignment shall
be held within 30 days from the date the court acquires jurisdiction over
the person of the accused.
1. Plea to a lesser offense, requisites
a. The lesser offense is necessarily included in offense charged, and
b. The plea must be with the consent of both OFFENDED party and
PROSECUTOR .
Exceptions:
Failure to appear, despite notification, accused may be allowed to enter his
plea of guilty to a lesser offense which is necessarily included in the offense
charged with the conformity of the trial prosecutor alone.
NOTA BENE!
✓ After arraignment but before trial, the accused may still be allowed
to plead guilty to a lesser offense after withdrawing his plea of not
guilty. No amendment of the complaint or information is
necessary.
✓ Plea to a lesser offense may still be considered during the trial
proper or even the prosecution has finished presenting its
evidence and rested its case. NOTE that it is immaterial that a plea
bargaining was made only after the prosecution already presented
several witnesses.
2. Plea bargaining in DRUG CASES
3. Pleaded guilty to a NON-Capital offense
When the accused pleads guilty to a NON-CAPITAL OFFENSE, the court
MAY receive evidence from the parties to determine the penalty to be
imposed.

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IX. MOTION TO QUASH d. That the officer who filed the information had no authority to do so.
(W)
When is motion to quash available? e. That it does not conform substantially to the prescribed form. (W)
The accused may move to quash the complaint or information, At any time f. That more than one offense is charged except when a single
BEFORE entering his plea. punishment for various offenses is prescribed by law. (W)
g. That the criminal action or liability has been extinguished. (NW)
RULE on WAIBABILITY: h. Double Jeopardy (NW)
If the accused did not question the defective information at any time before Requisites:
entering his plea, he is deemed to have waived any of the waivable defects in 1. A valid Complaint or Info
the information, including the supposed lack of particularity in the description 2. Filed in Competent court
of the attendant circumstances. 3. A Valid plea was entered by the accused
4. Acquittal or conviction of the accused, or the dismissal or termination
Grounds for Motion to Quash: the case against him without his express consent.
a. That the facts CHARGED do not a constitute an offense. (NW)
Elements: X. PRE-TRIAL
✓ Only the facts alleged in the information shall be considered.
✓ The allegations must be HYPOTHETICALLY admitted. When shall Pre-Trial be conducted?
✓ The court may consider amendment of the Information. Accused is detained:
b. That the court trying the case has no jurisdiction over the b. offense ✓ within 10 calendar days from the date of the court's receipt of the case.
charged. (NW) Non-detainee:
Elements: After arraignment, w/in 30 days from the date the court acquires jurisdiction
✓ It must be based on the allegation in the information. over the person of the accused.
✓ It must be based in law.
✓ It is subject to re-filling to the court of proper jurisdiction. Pre-Trial Agreement:
c. That the court trying the case has no jurisdiction over the person of ALL agreements or admissions made or entered during the pre-trial conference
the accused. (W) shall be reduced in writing and signed by the accused and his counsel.
Elements:
✓ When there is illegality of arrest XI. TRIAL
✓ Subject to waiver when the accused enters plea XII. JUDGMENT
✓ The waiver does not extend to the evidence obtained as a result XIII. APPEAL
of illegal arrest.

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JURISDICTION
One can be under the custody of the law but not yet subject to the jurisdiction of
the court over his person, such as when a person arrested by virtue of a warrant files
a motion before arraignment to quash the warrant.
Petitioner is a manager of Philhealth. Sandiganbayan has jurisdiction. It fall within
Par. 1(g).
Although member of Sangguniang Panglunsod, even with salary grade of only 26,
Sandiganbayan has jurisdiction.
Student regent is within the jurisdiction of Sandiganbayan. So long as you are
discharging governmental function, despite the fact that you are not receiving a
salary, you are a public officer. Being a regent is within the category of Par. 1(g).
If there is an intimate connection between the office and the offense or that the
office was used in the commission of the crime. Thus, if you use your office to
commit any other crime, rape, acts of laciviousness, etc... It falls within the SB.
The accused here was charged with acts of lasciviousness on the basis of the
complaint filed by a casual employee assigned to his office. The SC ruled that the
Sandiganbayan has jurisdiction because the information alleged that the crime could
not have been committed had the accused not used his position or office.
We believe that the mere allegation in the amended information that the offense was
committed by the accused public officer "in relation to his office" is not sufficient.
That phrase is merely a conclusion of law, not a factual averment that would show
the close intimacy between the offense charged and the discharge of the accused's
official duties.
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PROSECUTION OF OFFENSES
Proceedings conducted by the court in absence of the prosecutor are VOID!
SC reminded the trial court that the prosecution of criminal action is under the direct
control and supervision of public prosecutor!
A private party does not have the legal personality to prosecute the criminal aspect
of a case, as it is the People of the Philippines who are the real party in interest The
criminal case must be under the direction and control of the public prosecutor. Thus,
when the public prosecutor does not give his or her conformity to the pleading of a
party, the party does not have the required legal personality to pursue the case.
One cannot object if hearings are reset at the request of the public prosecutor due
to his or her unavailability.
Promulgation of judgment should be reset in case of absence of the prosecutor.
Defense should not be allowed to present evidence in the absence of the prosecutor.
The private offended party may file an appeal without the intervention of the OSG
insofar as the civil liability of the accused is concerned.
Complaint filed by the Chief of Police on the basis on the sworn statement of the
victim.
Once the violation of the law becomes known through a direct original participation
initiated by the victim.
The failure to designate the offense given by the statute or to mention the specific
provision penalizing the act or erroneous specification of the law violated does not
vitiate the information if the facts alleged clearly recite the facts constituting the
offense.
Where accused did not raise the question of his identity during the arraignment, he
is deemed to have waived this defect and to have acquiesced to be tried under the
erroneous name.
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PROSECUTION OF CIVIL ACTION
Instances where acquittal in a criminal case does not result in the extinguishment of
civil liability:
1. Where acquittal is based on reasonable doubt.
2. Where the court express declares that the liability of the accused is only civil and
not criminal
3. Where the liability is not derived from or based on the criminal act of which the
accused is acquitted.
The accused could validly institute a separate civil action for quasi-delict against the
private complainant for the same act or omission he is accused of in a criminal case.
This is allowed by par. 6, Sec. 1, Rule 111 which states that the counterclaim of the
accused may be litigated in a separate civil action.
An action for declaration of nullity of marriage is not a prejudicial question to a
concubinage case. Civil case MUST be determinative of the guilt or innocence of the
accused in the criminal case.
PRELIMINARY INVESTIGATION
The holding of preliminary investigation is not required by the constitution. Thus, it
is not a constitutional right rather a statutory character and may be invoked only
when specifically created by statute.
Though not of constitutional grant, the denial of the same would deprive the accused
the full measure of his right to due process.
The right to PI may be waived for failure to invoke the right prior to or at the time
of the plea.
Probable cause pertains to facts and circumstances sufficient to support a well-
founded belief that a crime has been committed and the accused is probably guilty
thereof. The evidence necessary to establish probable cause is based only on the
likelihood, or probability of guilt.
The Prosecutor is exercising EXECUTIVE function when he is establishing
probable cause. The right way to challenge his function is through PETITION FOR
CERTIORARI Rule 65 and not Petition for review.
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Since a preliminary investigation does not finally adjudicate the rights and obligations
of parties, "probable cause can be established with hearsay evidence, as long as there
is substantial basis for crediting the hearsay.”
When the information is filed within the court, then it is within the jurisdiction of
the COURT already. The Court may either grant the motion to withdraw by the SOJ
or proceed with the criminal case. The Court is the best and sole judge on what to
do with the case before it.
ARREST
Personal examination of complainant and witnesses is not required, Judge is only
required to examine the records of the case to determine Probable cause for issuance
of warrant of arrest. If no probable cause then he will dismiss the case.
At the time a person is arrested, it shall be the duty of the arresting officer to inform
the latter of the reason for the arrest and must show that person the warrant of arrest,
if any. Persons shall be informed of their constitutional rights to remain silent and
to counsel, and that any statement they might make could be used against them.
An accused is estopped from assailing any irregularity of his arrest if he fails to raise
this issue or to move for the quashal of the information against him on this ground
before arraignment. Any objection involving a warrant of arrest or the procedure by
which the court acquired jurisdiction over the person of the accused must be made
before he enters his plea; otherwise, the objection is deemed waived.
Personal knowledge" of facts in arrests without a warrant under Section 5 (b) of Rule
113 must be based upon "probable cause" which means an "actual belief or
reasonable grounds of suspicion." The grounds of suspicion are reasonable when, in
the absence of actual belief of the arresting officers, the suspicion that the person to
be arrested is probably guilty of committing the offense is based on actual facts.
The accused should always be apprised of his Miranda rights from the moment he is
arrested by the authorities as this is deemed the start of custodial investigation.
Any objection to the procedure followed in the matter of acquisition by a court
jurisdiction over the person of the accused must be raised before he enters his plea.
Otherwise, the objection is waived.
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BAIL
The reason for granting bail to an extraditee is the UNIVERSAL DECLARATION
of HUMAN RIGHTS. Under such declaration, it is a generally accepted principle of
international law, as such, it will automatically forms part of the law of the land of
Philippines.
The hearing for bail is different from the determination of the existence of probable
cause. If the court finds existence of probable cause, the court is mandated to issue
a warrant of arrest or commitment order if the accused is already under custody, as
when he is validly arrested without warrant. It is only after this proceeding that the
court can entertain a petition for bail where a subsequent hearing is conducted to
determine if the evidence of guilt is weak or not.
The provision in the Constitution stating that the "right to bail shall not be impaired
even when the privilege of the writ of habeas corpus is suspended" does not detract
from the rule that the constitutional right to bail is available only in criminal
proceedings.
One, pending appeal of a conviction by the Regional Trial Court of an offense not
punishable by death, reclusion perpetua, or life imprisonment, admission to bail is
expressly declared to be discretionary. Two, the discretion to allow or disallow bail
pending appeal in a case such as this where the decision of the trial court convicting
the accused changed the nature of the offense from non-bailable to bailable is
exclusively lodged by the rules with the appellate court. Thus, the Court of Appeals
had jurisdiction to hear and resolve petitioner’s urgent application for admission to
bail pending appeal.
It is the condition in the order of the trial court that "approval of the bail bonds shall
be made only after arraignment," which the Court of Appeals should instead have
declared void.
The condition imposed in the trial court's order that the accused cannot waive his
appearance at the trial but that he must be present at the hearings of the case is valid
and is in accordance with Rule 114.
Bail is not a matter of right as regards persons charged with offenses punishable by
reclusion perpetua when the evidence of guilt is strong. Thus, Sec. 5, Art. 114 of the
Rules of Criminal Procedure requires a hearing before resolving a motion for bail by
FINALS REVIEWER: Mind Map, Objectives, and Case Rulings
persons charged with offenses punishable by reclusion perpetua where the
prosecution may discharge its burden of showing that the evidence of guilt is strong.
A hearing, whether summary or otherwise in the discretion of the court, must
actually be conducted to determine whether or not the evidence of guilt against the
accused is strong.
The failure of Judge Infante to conduct a hearing prior to the grant of bail in capital
offenses was inexcusable and reflected gross ignorance of the law and the rules as
well as a cavalier disregard of its requirement.
The grant of bail is a matter of discretion which can be exercised only by respondent
judge after the evidence is submitted in a hearing. The hearing of the application for
bail in capital offenses is absolutely indispensable before a judge can properly
determine whether the prosecution’s evidence is weak or strong.
RIGHTS OF ACCUSED
In determining whether the accused has been deprived of his right to a speedy
disposition of the case and to a speedy trial, four factors must be considered: (a)
length of delay; (b) the reason for the delay; (c) the defendant’s assertion of his right;
and (d) prejudice to the defendant.
A judgment of conviction must be predicated on the strength of the evidence for the
prosecution and not on the weakness of the evidence for the defense.
The accused has the right to confront and cross-examine the witnesses against him
at the trial, a fundamental right which is part of due process. However, the right of
confrontation and cross- examination is a personal one. It is not an absolute right
which a party can claim at all times.
The right of the accused to select his own counsel must be exercised in a reasonable
time and in a reasonable manner.
It is well-settled that in all criminal prosecutions, the accused is entitled to be
informed of the nature and cause of the accusation against him. In this respect, the
designation in the Information of the specific statute violated is imperative to avoid
surprise on the accused and to afford him the opportunity to prepare his defense
accordingly.
The Constitution mandates that an accused shall be presumed innocent until the
contrary is proven beyond reasonable doubt. The burden lies on the prosecution to
overcome such presumption of innocence by presenting the quantum of evidence
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required. In so doing, the prosecution must rest on its own merits and must not rely
on the weakness of the defense.
For the purposes of the constitutional privilege, there is a similarity between one
who is compelled to produce a document, and one who is compelled to furnish a
specimen of his handwriting, for in both cases, the witness is required to furnish
evidence against himself.
ARRAIGNMENT AND PLEA
The accused deemed to have WAIVED the defect of no arraignment. Further, he is
deemed to have been informed of the nature and cause of the accusation against him
because he actively participated in the trial.
A plea bargain still requires mutual agreement of the parties and remains subject to
the approval of the court.
The basic requisites of plea bargaining are: (a) consent of the offended party; (b)
consent of the prosecutor; (c) plea of guilty to a lesser offense which is necessarily
included in the offense charged; and (d) approval of the court.
There are three (3)-fold duty of the trial court in instances where the accused pleads
guilty to a capital offense is as follows: (1) conduct a searching inquiry, (2) require
the prosecution to prove the accused's guilt and precise degree of culpability, and (3)
allow the accused to present evidence on his behalf.
At any time before the judgment of conviction becomes final, the court may permit
an improvident plea of guilty to be withdrawn and be substituted by a plea of not
guilty.
When allegations in the information are vague or indefinite, the remedy of the
accused is not a motion to quash, but a motion for a bill of particulars.
A bill of particulars does not presuppose an invalid information for it merely fills in
the details on an otherwise valid information to enable an accused to make an
intelligent plea and prepare for his defense. If the information does not charge an
offense, then a motion to quash is in order. But if the information charges an offense
and the averments are so vague that the accused cannot prepare to plead or prepare
for trial, then a motion for a bill of particulars is the proper remedy.
The remedy against an indictment that fails to allege the time of commission of the
offense with sufficient definiteness is a motion for bill of particulars.
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In asking for the production of the records of the preliminary investigation in order
to enable him to prepare for his defense and for trial, is actually trying to avail of this
mode of discovery.
MOTION TO QUASH
An affidavit of desistance or pardon is not a ground for the dismissal of an action,
once it has been instituted in court.
A special civil action for certiorari is not the proper remedy to assail the denial of a
motion to quash an information.
The voluntary appearance of the accused, whereby the court acquires jurisdiction
over his person, is accomplished either by his pleading to the merits (such as by filing
a motion to quash or other pleadings requiring the exercise of the court's jurisdiction
thereover, appearing for arraignment, entering trial) or by filing bail.
Lack of jurisdiction over the person of the defendant may be waived either expressly
or impliedly. When a defendant voluntarily appears, he is deemed to have submitted
himself to the jurisdiction of the court. Where the appearance is by motion for the
purpose of objecting to the jurisdiction of the court over the person, it must be for
the sole and separate purpose of objecting to said jurisdiction. If the appearance is
for any other purpose, the defendant is deemed to have submitted himself to the
jurisdiction of the court. Such an appearance gives the court jurisdiction over the
person.
The rule “no complaint or information may be filed or dismissed by an investigating
prosecutor without the prior written authority or approval of the provincial or city
prosecutor or chief state prosecutor or the ombudsman or his deputy” is not
mandatory at all, it can be waived! Thus, if an information has no written approval
of the chief prosecutor or provincial prosecutor, and you as the counsel to the
accused does not question it in a motion to quash, you waived it by your silence,
acquiescence, or failure to raise such ground during arraignment or before entering
a plea.
While it is fundamental that every element of the offense must be alleged in the
information, matters of evidence as distinguished from the facts essential to the
nature of the offense need not be averred. Whatever facts and circumstances must
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necessarily be alleged are to be determined by reference to the definition and the
essential elements of the specific crimes.
An information which lacks certain essential allegations may still sustain a conviction
when the accused fails to object to its sufficiency during the trial, and the deficiency
was cured by competent evidence presented therein.
Reckless imprudence is a single crime, its consequences on persons and property are
material only to determine the penalty. The doctrine that reckless imprudence under
article 365 is a single quasi-offense by itself and not merely a means to commit other
crimes such that conviction or acquittal of such quasi-offense bars subsequent
prosecution for the same quasi-offense, regardless of its various resulting acts.
PRE-TRIAL
Agreement or admission made or entered during the pre-trial conference shall be
used in evidence against the accused unless reduced to writing and signed and his
counsel.
TRIAL
For the purpose of determining whether inordinate delay exists, a case is deemed to
have commenced from the filing of the formal complaint and subsequent conduct
of preliminary investigation.
A deposition, in keeping with its nature as a mode of discovery, should be taken
before and not during the trial.
It is thus required that the conditional examination be made before the court where
the case is pending. It is also necessary that the accused be notified, so that he can
attend the examination, subject to his right to waive the same after reasonable notice.
The right to confrontation is part of due process has a two-fold purpose: (1)
primarily, to afford the accused an opportunity to test the testimony of the witness
by cross-examination; and (2) secondarily, to allow the judge to observe the
deportment of the witness.
There are two modes by which a participant in the commission of a crime may
become a state witness are, namely: (a) by discharge from the criminal case pursuant
to Section 17 of Rule 119 of the Rules of Court; and (b) by the approval of his
application for admission into the Witness Protection Program of the DOJ in
accordance with Republic Act No.6981.
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A case is provisionally dismissed if the following requisites concur: (a) the
prosecution with the express conformity of the accused, or the accused, moves for
a provisional dismissal (sin perjuicio) of his case; or both the prosecution and the
accused move for its provisional dismissal; (b) the offended party is notified of the
motion for a provisional dismissal of the case; (c) the court issues an order granting
the motion and dismissing the case provisionally; and (d) the public prosecutor is
served with a copy of the order of provisional dismissal of the case.
In the discharge of an accused in order that he may be a state witness, the following
conditions must be present, namely: (1) Two or more accused are jointly charged
with the commission of an offense; (2) The motion for discharge is filed by the
prosecution before it rests its case; (3) The prosecution is required to present
evidence and the sworn statement of each proposed state witness at a hearing in
support of the discharge; (4) The accused gives his consent to be a state witness; and
(5) The trial court is satisfied that: a) There is absolute necessity for the testimony of
the accused whose discharge is requested; b) There is no other direct evidence
available for the proper prosecution of the offense committed, except the testimony
of said accused; c) The testimony of said accused can be substantially corroborated
in its material points; d) Said accused does not appear to be the most guilty; and, e)
Said accused has not at any time been convicted of any offense involving moral
turpitude.
The grant of a demurrer amounts to an acquittal, and the dismissal order may not be
appealed as this would place the accused in double jeopardy. Furthermore, burden
is on the petitioner to clearly demonstrate that the trial court blatantly abused its
authority to a point so grave as to deprive it of its very power to dispense justice.
The order denying the motion for leave of court to file demurrer to evidence or the
demurrer itself shall not be reviewable by appeal or by certiorari before judgment.
And the proper recourse of the demurring accused was to go to trial.
The general rule that the extraordinary writ of certiorari is not available to challenge
(the denial of the demurrer to evidence) may be subject to exceptions. When the
assailed interlocutory orders are patently erroneous or issued with grave abuse of
discretion, the remedy of certiorari lies.
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JUDGMENT
It is a rule that a case is deemed submitted for decision upon the filing of the last
pleading, brief or memorandum required by the rules, or by the court. Moreover, for
a judgment to be binding, it must be duly signed and promulgated during the
incumbency of the judge whose signature appears thereon. This is in line with the
Court's Resolution implementing B.P. 129 which merely requires that the judge who
pens the decision is still an incumbent judge.
Judgment must be written in the official language, personally and directly prepared
by the judge and signed by him and shall contain clearly and distinctly a statement of
the facts and the law upon which it is based.
Our law recognizes two kinds of acquittal, with different effects on the civil liability
of the accused. First is an acquittal on the ground that the accused is not the author
of the act or omission complained of. The second instance is an acquittal based on
reasonable doubt on the guilt of the accused.
If the demurrer is granted and the accused is acquitted by the court, the accused has
the right to adduce evidence on the civil aspect of the case unless the court also
declares that the act or omission from which the civil liability may arise did not exist.
If the trial court issues an order or renders judgment not only granting the demurrer
to evidence of the accused and acquitting him but also on the civil liability, the
judgment on the civil aspect of the case would be a nullity as it violates the
constitutional right to due process.
Section 24, Rule 119 and existing jurisprudence stress the following requirements for
reopening a case: 1) the reopening must be before the finality of a judgment of
conviction; 2) the order is issued by the judge on his own initiative or upon motion;
3) the order is issued only after a hearing is conducted; 4) the order intends to prevent
a miscarriage of justice; and 5) the presentation of additional and/or further evidence
should be terminated within 30 days from the issuance of an order.
A motion for a new trial of reconsideration is filed within the period of 15 days from
the promulgation of the judgment of conviction of the defendant, as the motion filed
in the present case, it may be decided or passed upon validly at any time thereafter
by the court. Section 6, Rule 118, provides that his period for perfection of an appeal
shall be interrupted from the time a motion for new trial is filed until notice of the
order overruling the motion shall have been served upon the defendant.
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Newly discovered evidence refers to that which (a) is discovered after trial; (b) could
not have been discovered and produced at the trial even with the exercise of
reasonable diligence; (c) is material, not merely cumulative, corroborative or
impeaching; and (d) is of such weight that it would probably change the judgment if
admitted. The most important requisite is that the evidence could not have been
discovered and produced at the trial even with reasonable diligence; hence, the term
"newly discovered."
The affidavit of desistance cannot be the basis for granting a new trial or an acquittal.
Section 2, Rule 121 of the Rules of Court, which provides: The court shall grant a
new trial on any of the following grounds: (a) That errors of law or irregularities have
been committed during the trial prejudicial to the substantial rights of the accused;
(b) That new and material evidence has been discovered which the accused could
not with reasonable diligence have discovered and produced at the trial, and which
if introduced and admitted, would probably change the judgment.
APPEAL
In criminal cases, an appeal throws the whole case wide open for review and the
reviewing tribunal can correct errors or even reverse the trial court’s decision on
grounds other than those that the parties raise as errors.
No notice of appeal is necessary, as the same is subject to automatic review pursuant
to article 47 of the revised penal code, as amended by r.a. no. 7659. But as to
judgments imposing reclusion perpetua, the appeal to this court shall be by filing a
notice of appeal with the trial court.
SEARCH AND SEIZURE
For a search warrant to be valid,it must comply with all the requisites otherwise no
search warrant or warrant of arrest shall be issued. The things to be seized must be
described with particularity. Technical precision of description is not required. It is
only necessary that there be reasonable particularity and certainty as to the identity
of the property to be searched for and seized, so that the warrant shall not be a
mere roving commission.
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Sec. 3, Rule 126 expressly enumerates the property that may beseized during a valid
search namely (1) subject of the offense, (2) stolen/embezzled/fruitsof offense, (3)
used/intended to be used as the means of committing an offense. Moreover,as a
general rule, only personal properties described in the search warrant may be seized
by police authorities.
A search warrant must conform strictly to the requirements of the constitutional and
statutory provisions. One of which is that, the warrant issued must in particular
describe the place to be searched and persons or things to be seized. Although it
noted inconsistencies in the description of the place to be searched as indicated on
said warrants, the Court ruled that the description of the place to be searched is
sufficient if the officers enforcing the warrant can, with reasonable effort, ascertain
and identify the place intended and distinguish it from other places in the
community.
Section 3, Rule 126 of the Revised Rules of Court prohibits the issuance of a search
warrant for more than one specific offense.
It is well set¬tled that the legality of a seizure can be contested only by the party
whose rights have been impaired thereby, and that the objection to an unlawful
search and seizure is purely personal and cannot be availed of by third parties.(1) that
no warrant shall issue but upon probable cause, to be determined by the judge in the
manner set forth in said provision; and (2) that the warrant shall particularly describe
the things to be seized.
SEARCH WARRANT
Pertinent laws provide that search warrant can be issued only upon a finding of
probable cause. Probable cause for search warrant means such facts and
circumstances which would lead a reasonably discreet and prudent man to believe
that an offense has been committed and that the objects sought in connection with
the offense are in the place to be searched.
No search warrant or warrant of arrest shall issue except upon probable cause to be
determined personally by the judge after examination under oath or affirmation of
the complainant and the witnesses he may produce, and particularly describing the
place to be searched and the persons or things to be seized.
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Technical precision of description is not required. "It is only necessary that there be
reasonable particularity and certainty as to the identity of the property to be searched
for and seized, so that the warrant shall not be a mere roving commission.
Two points must be stressed in connection with this constitutional mandate relating
to the conduct of search and seizure, namely: (1) that no warrant shall issue but upon
probable cause, to be determined by the judge in the manner set forth in said
provision; and (2) that the warrant shall particularly describe the things to be seized.
WARRANTLESS ARREST
Jurisprudence provides that in lawful arrests, it becomes both the duty and the right
of the apprehending officers to conduct a warrantless search not only on the person
of the suspect, but also in the permissible area within the latter’s reach. Otherwise
stated, a valid arrest allows the seizure of evidence or dangerous weapons either on
the person of the one arrested or within the area of his immediate control.
An exception to the rule against unreasonable searches and seizures is a warrantless
search incidental to a lawful arrest for dangerous weapons or anything which may be
used as proof of the commission of an offense. It may extend beyond the person of
the one arrested to include the premises or surroundings under his immediate
control.
The known jurisprudential instances of reasonable warrantless searches and seizures
are:
1. Warrantless search incidental to a lawful arrest;
2. Seizure of evidence in "plain view,";
3. Search of a moving vehicle. Highly regulated by the government, the vehicle’s
inherent mobility reduces expectation of privacy especially when its transit in public
thoroughfares furnishes a highly reasonable suspicion amounting to probable cause
that the occupant committed a criminal activity;
4. Consented warrantless search;
5. Customs search;
6. Stop and frisk; and
7. Exigent and emergency circumstances
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In case of consented searches or waiver of the constitutional guarantee against

obtrusive searches, it is fundamental that to constitute a waiver, it must first appear
that (1) the right exists; (2) the person involved had knowledge, either actual or
constructive, of the existence of such right; and (3) the said person had an actual
intention to relinquish the right.

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