RULE 120 – JUDGEMENT
the judgment may be promulgated by the executive judge of the
Section 1. Judgment definition and form. — Judgment is the
adjudication by the court that the accused is guilty or not guilty of
the offense charged and the imposition on him of the proper
penalty and civil liability, if any. It 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. (1a)
Section 2. Contents of the judgment. — If the judgment is of
conviction, it shall state (1) the legal qualification of the offense
constituted by the acts committed by the accused and the
aggravating or mitigating circumstances which attended its
commission; (2) the participation of the accused in the offense,
whether as principal, accomplice, or accessory after the fact; (3)
the penalty imposed upon the accused; and (4) the civil liability or
damages 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 by a separate civil action has been
reserved or waived.
In case the judgment is of acquittal, it shall state whether the
evidence of the prosecution absolutely failed to prove the guilt of
the accused or merely failed to prove his guilt beyond reasonable
doubt. In either case, the judgment shall determine if the act or
omission from which the civil liability might arise did not exist. (2a)
Section 3. Judgment for two or more offenses. — When two or
more offenses are charged in a single complaint or information
but the accused fails to object to it before trial, the court may
convict him of as many offenses as are charged and proved, and
impose on him the penalty for each offense, setting out separately
the findings of fact and law in each offense. (3a)
Section 4. Judgment in case of variance between allegation and
proof. — When there is variance between the offense charged in
the complaint or information and that proved, and the offense as
charged is included in or necessarily includes the offense proved,
the accused shall be convicted of the offense proved which is
included in the offense charged, or of the offense charged which
is included in the offense proved. (4a)
Section 5. When an offense includes or is included in another. —
An offense charged necessarily includes the offense proved when
some of the essential elements or ingredients of the former, as
alleged in the complaint or information, constitute the latter. And
an offense charged is necessarily included in the offense proved,
when the essential ingredients of the former constitute or form a
part of those constituting the latter. (5a)
Section 6. Promulgation of judgment. — The judgment is
promulgated by reading it in the presence of the accused and any
judge of the court in which it was rendered. However, if the
conviction is for a light offense, the judgment may be pronounced
in the presence of his counsel or representative. When the judge
is absent or outside of the province or city, the judgment may be
promulgated by the clerk of court.
If the accused is confined or detained in another province or city,
Regional Trial Court having jurisdiction over the place of
confinement or detention upon request of the court which
rendered the judgment. The court promulgating the judgment
shall have authority to accept the notice of appeal and to approve
the bail bond 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 application for bail can
only be filed and resolved by the appellate court.
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 promulgation of the decision. If
the accused tried in absentia because he jumped bail or escaped
from prison, the notice to him shall be served at his last known
address.
In case the accused fails to appear at the scheduled date of
promulgation of judgment despite notice, the promulgation shall
be made by recording the judgment in the criminal docket and
serving him a copy thereof at his last known address or thru his
counsel.
If the judgment is for conviction and the failure of the accused to
appear was without justifiable cause, he shall lose the remedies
available in these rules against the judgment and the court shall
order his arrest. Within fifteen (15) 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 the
reasons for his absence at the scheduled promulgation and if he
proves that his absence was for a justifiable cause, he shall be
allowed to avail of said remedies within fifteen (15) days from
notice. (6a)
Section 7. Modification of judgment. — A judgment of conviction
may, upon motion of the accused, be modified or set aside before
it becomes final or before appeal is perfected. Except where the
death penalty is imposed, a 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 the
accused has waived in writing his right to appeal, or has applied
for probation. (7a)
Section 8. Entry of judgment. — After a judgment has become
final, it shall be entered in accordance with Rule 36. (8)
Section 9. Existing provisions governing suspension of
sentence, probation and parole not affected by this Rule. —
Nothing in this Rule shall affect any existing provisions in the laws
governing suspension of sentence, probation or parole. (9a)
RULE 121
New Trial or Reconsideration
Section 1. New trial or reconsideration. — At any time before a
judgment of conviction becomes final, the court may, on motion
of the accused or at its own instance but with the consent of the
accused, grant a new trial or reconsideration. (1a)
Section 2. Grounds for a new trial. — The court shall grant a new Jurisdictional (1) Jurisdiction over the subject matter; (2)
trial on any of the following grounds: requirements Jurisdiction over the territory; and, (3)
jurisdiction over the person of the
(a) The errors of law or irregularities prejudicial to the substantial accused.
rights of the accused have been committed during the trial;
Decided by It is not necessary that the judge who
whom tried the case be the same judicial
(b) The new and material evidence has been discovered which officer to decide it.
the accused could not with reasonable diligence have discovered
and produced at the trial and which if introduced and admitted It is sufficient that he be apprised of the
would probably change the judgment. (2a) evidence already presented by a reading
of the transcript of the testimonies
Section 3. Ground for reconsideration. — The court shall grant already introduced, in the same manner as
reconsideration on the ground of errors of law or fact in the appellate courts review evidence on
judgment, which requires no further proceedings. (3a) appeal.

If the case was heard completely by

Section 4. Form of motion and notice to the prosecutor. — The another judge, not the judge tasked to write
motion for a new trial or reconsideration shall be in writing and the decision, the latter shall direct the
shall state the grounds on which it is based. If based on a newly- stenographers concerned to submit the
discovered evidence, the motion must be supported by affidavits complete transcripts within a period of
of witnesses by whom such evidence is expected to be given or thirty (30) calendar days from date of
by duly authenticated copies of documents which are proposed his/her assumption to office
to be introduced in evidence. Notice of the motion for new trial or
reconsideration shall be given to the prosecutor. (4a)
.
Section 5. Hearing on motion. — Where a motion for a new trial Requisites of a Judgment
calls for resolution of any question of fact, the court may hear
evidence thereon by affidavits or otherwise. (5a) Requisites (1) Written in the official language;

*** If not written, the remedy is Petition for

Section 6. Effects of granting a new trial or reconsideration. —
Mandamus
The effects of granting a new trial or reconsideration are the
following: *** Mandamus is never available to direct
the exercise of judgement or discretion, or
(a) When a new trial is granted on the ground of errors of law or retraction or reversal of an action already
irregularities committed during the trial, all proceedings and taken.
evidence affected thereby shall be set aside and taken anew. The
court may, in the interest of justice, allow the introduction of (2) Personally, and directly prepared by the
additional evidence. judge;

*** The fact that the trial judge who

(b) When a new trial is granted on the ground of newly-discovered rendered judgment was not the one who
evidence, the evidence already adduced shall stand and the had the occasion to observe the
newly-discovered and such other evidence as the court may, in demeanor of the witnesses during trial,
the interest of justice, allow to be introduced shall be taken and but merely relied on the records of the
considered together with the evidence already in the record. case, does not render the judgment
erroneous, especially where the
(c) In all cases, when the court grants new trial or reconsideration, evidence on record is sufficient to
the original judgment shall be set aside or vacated and a new support its conclusion
judgment rendered accordingly. (6a)
(3) Signed by the judge; and,

RULE 120 - JUDGEMENT *** Judgement must be during rendered

and promulgated during the incumbency
Definition It is the adjudication by the court that the of the judge who signed it.
accused is guilty or not guilty of the
offense charged and the imposition of the
proper penalty and civil liability provided (4) Contain a clear and distinct statement of
for by law. the fact and the law on which it is based.
(Sec. 1, Rule 120,)
Nature Final ruling by a court of competent
jurisdiction regarding the rights or other
matters submitted to it in an action or Effect of Lack of Stenographic Notes
proceeding.
 Rule Judges who conducted the trial and heard the
testimonies of some or all of the witnesses shall
not defer the submission of the case for
decision on the ground of incomplete or missing
transcript of stenographic notes.
Judge Direct the stenographers concerned to submit
shall the complete transcripts within a period of thirty
(30) calendar days from date of his/her assumption
to office
Contents of Judgment (Rule 120, Sec. 2)
Purpose: Inform the parties and the person reading the decision
on how it was reached by the court after consideration of the
evidence of the parties and the relevant facts, of the opinion it
has formed on the issues, and of the applicable laws.
The parties must be assured from a reading of the decision of the
trial court that they were accorded their rights to be heard by an
impartial and responsible judge.
*** Conviction shall rest, not
on the weakness of the
defense, but on the
strength of the prosecution
Sentences in criminal cases should not be in the alternative.
There is nothing in the law which permits courts to impose
sentences in the alternative. The sentence should not only show
the facts upon which the defendant is found guilty but should
clearly indicate the particular crime of which he was found guilty,
as well as definitely and positively and without doubt indicate the
actual penalty imposed.
Conviction by circumstantial evidence
A judgment of conviction based on circumstantial evidence
can be sustained when the circumstances proved form an
unbroken chain that results to a fair and reasonable
conclusion pointing to the accused, to the exclusion of all
others, as the perpetrator

Conviction Acquittal
In case there is a conflict between the fallo and
the body of decision:
(a) The legal qualification a) state whether or not
of the offense the evidence of the General Rule Exception
constituted by the acts prosecution
committed by the where there is a conflict where the inevitable
accused. (i) absolutely failed to prove between the dispositive conclusion from the body of
the guilt of the accused, or portion or the fallo and the the decision is so clear as to
(b) the aggravating and body of the decision, the show that there was a mistake
mitigating (ii) merely failed to prove his fallo controls in the dispositive portion, the
circumstances which guilt beyond reasonable body of the decision will
attended the doubt; prevail.
commission of the
offense; b) determine if the act or
omission from which Proof Beyond Reasonable Doubt
(c) The participation of the civil liability might
the accused, whether arise did not exist
Proof beyond reasonable doubt does not require absolute
as principal, (Sec. 2, Rule 120,Rules
certainty; it only requires moral certainty or the "degree of
accomplice, or of Court).
accessory. proof which produces conviction in an unprejudiced mind.
*** Immediately final.
(d) The penalty imposed Reasonable doubt is that doubt engendered by an investigation of
upon the accused. A finding of not guilty based the whole proof and an inability after such investigation to let the
on the merits, that is, the mind rest each upon the certainty of guilt. Absolute certainty of
*** Should be accused is acquitted guilt is not demanded by the law to convict a criminal charge, but
commensurate to the because the evidence does moral certainty is required as to every proposition of proof
actual responsibility of not show that his guilt is requisite to constitute the offense.
the accused. beyond reasonable doubt

(e) the civil liability or

Judgement for Two or More Offenses
damages caused by his
wrongful act or General Rule When two or more offenses are charged in
omission to be a single information or complaint, the
recovered from the accused can file a motion to quash
accused by the
offended party, if there *** Should be raised before the accused
is any, unless the entered his plea
enforcement of the civil
liability by a separate *** Cannot be raised on appeal.
civil action has been
reserved or waived Exception Defect is waived when the accused fails to
move for quashal.

*** The court may convict the accused of
as many offenses as charged and proved
and impose on him the penalty for each
offense
The accused can only be convicted of an offense which is
both charged and proved. If it is not charged, although proved,
or if it is proved but not charged, the accused cannot be convicted
thereof, unless the offense proved is included in the offense
charged

Where the accused fails to object before trial Exception Not an exception

The court may
Convict him of as many
offenses as there are
charged and proved;
Impose on him the penalty
for each offense, setting
out separately the offense
the findings of fact and law
in each offense
Exception
If one of the offenses has
been a necessary means
for committing the other
offense and where both
have been the result of a
single act.
Maximum duration of the
offense should be in
accordance with the
“three-fold rule” on the
maximum duration of the
principal penalty, which
means that the maximum
duration of the sentence
cannot exceed three-fold
the length of time
corresponding to the most
severe of the penalties
When Offense Includes or is Included in Another
imposed upon the
accused. (Art. 70, RPC)
Charged with murder but Charged of homicide but
homicide was proven, murder was proven, accused
accused shall be convicted shall be convicted of
of homicide homicide
Rape by sexual assault, but
acts of lasciviousness is
proved, he can be
convicted of the latter
*** Accused cannot be
convicted of offense not
charged and proved, unless
the offense proved is
included in the offense
charged.
General Rule Exception

If what is proved by the Where facts supervened

prosecution is an offense after the filing of the
Judgment in case of variance between that is included in the information, which change
allegation and proof offense charged in the the nature of the offense.
information, the accused
The variance referred to in Sec. 4 of Rule 120 is a situation where: may validly be convicted of
the offense proved.
(a) the offense proved is different from the offense as charged
in the complaint or information, and
Notes:
(b) the offense as charged is either included in the offense
proved or necessarily includes the offense proved (1) An offense charged necessarily includes another when
some essential elements or ingredients of the offense
General Rule Exception charged constitute the offense proved.

An accused can be
convicted of an offense
only when it is both
charged and proved. If it is
not proved although
charged, the accused
cannot be convicted
thereof.
(1) Where there is a
variance between the
offense charged in the
information or complaint
and what is proved; and
(2) The offense as charged
is included or necessarily
includes the offense
proved.
*** FOR Number 2, he still
cannot be convicted if the
latter lesser offense has
already prescribed
(2) When the essential elements or ingredients of the offense
charged constitute or form part of those constituting the
offense proved, then one offense is included in the other.
Promulgation of Judgement
Definition Promulgation is the official proclamation or
announcement of judgment of the court.
It consists of reading the judgment or
sentence in the presence of the accused
and any judge of the court rendering the
judgment. It is the point of reference when
the judgment becomes final.
*** Presence of the accused is required.
EXCEPTION: Conviction for light offenses,
the present of his counsel or representative.

*** Presence of counsel is not necessary.
Who may (1) Judge of the court in which it was
promulgate rendered
(2) Clerk of the said court in the
absence of the judge who rendered
judgment
(3) Executive Judge of the RTC having
jurisdiction over the place of
confinement or detention – if
accused is confined or detained and
upon the request of the judge who
rendered judgment
Schedule of Under RGCTCC
Promulgation
The court shall announce in open court
and include in the order submitting the case
for decision, the date of the promulgation
of Its decision which shall not be more
than ninety (90) calendar days from the
date the case is submitted for decision,
except when the case is covered by Special
Rules and other laws which provide for a
shorter period
Binding A final decision or resolution becomes
binding only after it is promulgated and
not before.
Notification The notice shall be given by the clerk of
to the court to the accused personally or
accused through his bondsman or warden and
counsel.
In absentia, jumped bail, escaped
The notice to him shall be served at his
last known address
Rules on appeal after promulgation of
judgement
General Rule The court promulgating the judgment shall
have authority to accept the notice of
appeal and to approve the bail bond
pending appeal.
Exception If the trial court convicted the accused
from non-bailable to bailable --- the
application for bail is on the appellate
court.
it. In this connection, the Court En Banc issued the Resolution
dated February 10, 1983 implementing B.P. 129 which merely
requires that the judge who pens the decision is still an incumbent
judge, that is, a judge of the same court, albeit now assigned to a
different branch, at the time the decision is promulgated. In
People v. CFI of Quezon, Branch X, it was clarified that a judge
who died, resigned, retired, had been dismissed, promoted to a
higher court or appointed to another office with inconsistent
functions, would no longer be considered an incumbent member
of the court and his decision written thereafter would be invalid.
Indeed, one who is no longer a member of the court at the time
the final decision or resolution is signed and promulgated cannot
validly take part in that decision or resolution. Much less could he
be the ponente of the decision or resolution. Also, when a judge
or a member of the collegiate court, who had earlier signed or
registered his vote, has vacated his office at the time of the
promulgation of the decision or resolution, his vote is
automatically withdrawn or cancelled. (Payumo v.
Sandiganbayan, G.R. Nos. 151911 & 154535, July 25, 2011)
Rule if the accused fails to appear in the
promulgation of judgment
If failed to Promulgation should not be
appear despite suspended.
notice
Instead, it shall be made by
(a) recording the judgment in the
criminal docket and
(b) serving him a copy thereof at his
last known address or through his
counsel
Note: Rendition comes first before
promulgation. Promulgation without
rendition is null and void.
The recording of judgment in the
criminal docket is substantially complied
by furnishing the clerk of court with the
copy of the judgment. In the absence
of such compliance, there can be no
valid promulgation. Without the same,
the … decision could not attain finality
and become executory. This means that
the 15-day period within which to
interpose an appeal did not even
commence.
*** (1) when the judgment is for a light
PROMULGATION offense, in which case, the counsel for
in absentia the accused or a representative may
stand for him; and
(2) in cases where despite due notice to
the accused or his bondsman or
warden and counsel, the accused
failed to appear at the promulgation of
the decision.
If conviction and He will lose his available remedies.
the absence is *** Motion for Reconsideration or New
without Trial appeal from the judgment of
justifiable cause conviction
Court shall order his arrest.
The rule, though, gives him a chance to
avail of the remedies against the
 judgment as long as within fifteen (15)
days from promulgation of judgment,
he surrenders and files a motion for
leave of court to avail of the
remedies.
He shall state the reason for his
absence and, if he proves the absence
was justified, he shall be allowed to avail
of the remedies within fifteen (15) days
from notice.
*** Besides, where there is no
promulgation of the judgment, the right
to appeal does not accrue
*** Court should not entertain motion
for reconsideration who did not appear,
despite notice. The Court should
dismiss outright.
If conviction, When the accused on bail fails to
and on bail, but present himself at the promulgation of a
is absent judgment of conviction, he is
considered to have lost his standing
in court.
Without any standing in court, the
accused cannot invoke its jurisdiction to
seek relief.
The evident purpose of this latter exception is to afford the
offended party the opportunity to enforce the award of civil
indemnity which could not otherwise be affected if the
decision cannot be pronounced on account of the absence of
the accused.
Modification of Judgment
Upon motion of the accused, a judgment of conviction may be
modified or set aside by the court before it has become final
or before an appeal has been perfected. (Rule 120, Sec. 7)
When A Judgment Becomes Final
When judgement (a) When the period for perfecting
becomes finals an appeal has lapsed.
(b) When the accused commences
to serve sentence.
(c) When the accused expressly
waives in writing his right to
appeal.
. (2)
(d) When the accused applies for
probation, thereby waiving the
right to appeal.
Appeal and probation are
mutually exclusive remedies.
Implicit in an application for
probation is an admission of
guilt.
*** NOTE 1. The prosecutor cannot ask for the
modification or setting aside of a
judgment of conviction because the
rules clearly provide that a judgment of
conviction may be modified or set
aside by the court rendering upon
motion of the accused.
*** Only the accused can file this
motion.
2. The trial court can validly amend
the civil portion of its decision within
15 days from promulgation thereof
even though the appeal had in the
meantime already been perfected by
the accused from judgment of
conviction
Entry of Judgment
After a judgment has become final, it shall be entered in
accordance with Rule 36. (Rule 120, Sec. 8)
The final judgment of the court is carried into effect by a process
called “mittimus”.
Note: Mittimus or Commitment Order is a process issued by the
court after conviction to carry out the final judgment, such as
commanding a prison warden to hold the accused in accordance
with the terms of the judgment.
Finality of Judgment vs. Entry of Judgment
The finality of the judgment is entirely distinct from its entry and
the delay in the latter does not affect the effectivity of the
former which is counted from the expiration of the period to
appeal.
Findings of the trial courts carry great weight and respect, and,
generally, appellate courts will not overturn said findings
unless the trial court overlooked, misunderstood or misapplied
some facts or circumstances of weight and substance which
will alter the assailed decision or affect the result of the case.
Remedies against Judgement of Conviction
Before the (1) modification of the judgment
judgement
becomes finals, *** Upon motion of the accused,
the accused may not the prosecutor.
avail the remedies
reopening of the proceedings
*** Judge may motu proprio or upon
motion, with hearing or either case,
reopen to avoid miscarriage of
justice.
*** Shall terminate within 30 days
from the order granting it.
 (3) motion for new trial
(4) motion for reconsideration
The accused may file a motion for new
trial or motion for reconsideration of
the judgment adverse to him.
*** The court, however, need not wait
for a motion from the accused because
it may, at its own instance, grant a new
trial or a reconsideration of the
judgment but with the consent of the
accused
After finality, pleas for the remand of
the case to the trial court for the
conduct of a new trial may no longer
be entertained
(5) appeal from the judgment
Resolution of motion for reconsideration of
judgment of conviction or motion for new trial
Motion for New Under Rule 121, shall be filed
Trial / reglementary period of fifteen (15) days
Reconsideration from promulgation shall be resolved
within a non-extendible period of ten
(10) calendar days from the
submission of the comment of the
prosecution.
Effects of granting a new trial or reconsideration
With or without comment, the court shall
resolve the motion within the ten (10)-
day period.
Form Shall be in:
1. Writing
2. State the ground on which it is
based
If for newly discovered evidence
1. Supported by affidavits of witnesses
by whom such evidence is expected to
be given or duly authenticated copies of
documents which are proposed to be
introduced in evidence
Grounds for When new and material evidence has
New Trial 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.
Under ROC (1) That errors of law have been
committed during the trial;
(2) That irregularities prejudicial to
the substantial rights of the
accused have been committed
during the trial; or
(3) That new and material evidence
has been discovered
Requisites for (1) The evidence must have been
newly discovered after the trial;
discovered
evidence (2) It could not have been previously
discovered and produced at the
trial even with the exercise of
reasonable diligence;
(3) It is a new and material evidence;
if introduced and admitted, it would
probably change the judgment
*** Not cumulative, corroborative,
or impeaching
(4) is of such weight that it would
probably change the judgment if
admitted.
Grounds for (a) Errors of law in the judgment which
Reconsideration requires no further proceedings; and
of judgment
(b) Errors of fact in the judgment
which also requires no further
proceedings
In all cases The original judgment shall be set
aside or vacated and a new judgment
shall be rendered accordingly.
On the ground of All the proceedings and evidence
errors of law or affected thereby shall be (a)set aside,
irregularities and (b) taken anew; and the court, in
during trial the interest of justice, may allow the
introduction of additional evidence.
On the ground of The newly-discovered evidence,
newly together with other evidence which the
established court may allow in the interest of
evidence justice, shall be taken and considered
together with the evidence already in
the record
The Neypes rule
Neypes Rule: The period of appeal is not only within
15 days from notice of judgement, but
*** ALSO also within the 15 days from notice of
APPLIES TO the final order appealed from.
CRIMINAL
CASES. *** Deniel of a motion for
reconsideration and new trial is to be
The Court deemed as the final order.
observed that
while Neypes
involved a civil The new rule aims to regiment or make
case, it the appeal period uniform, to be
nevertheless, did counted from receipt of the order
include Rule 42 denying the motion for new trial,
and Rule 45 motion for reconsideration (whether full
or partial) or any final order or
resolution

From receipt of Court allows a fresh period of 15 days

notice of denial of within to file the notice of appeal in
motion for new RTC.
trial or motion for
reconsideration Otherwise, the decision becomes final
and executory after the lapse of the
original appeal period from notice of the
judgment.

Shall also apply Rule 40 governing appeal from the

MTC to RTC to CA.

Rule 43 from quasi-judicial agencies to

CA

Rule 45 appeals by certiorari to SC

RULE 122 – APPEAL
Section 1. Who may appeal. — Any party may appeal from a
judgment or final order, unless the accused will be placed in
double jeopardy. (2a)
Section 2. Where to appeal. — The appeal may be taken as
follows:
(a) To the Regional Trial Court, in cases decided by the
Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal
Trial Court, or Municipal Circuit Trial Court;
(b) To the Court of Appeals or to the Supreme Court in the proper
cases provided by law, in cases decided by the Regional Trial
Court; and
(c) To the Supreme Court, in cases decided by the Court of
Appeals. (1a)
Section 3. How appeal taken. —
(a) The appeal to the Regional Trial Court, or to the Court of
Appeals in cases decided by the Regional Trial Court in the
exercise of its original jurisdiction, shall be taken by filing a notice
of appeal with the court which rendered the judgment or final
order appealed from and by serving a copy thereof upon the
adverse party.
(b) The appeal to the Court of Appeals in cases decided by the
Regional Trial Court in the exercise of its appellate jurisdiction
shall be by petition for review under Rule 42.
(c) The appeal to the Supreme Court in cases where the penalty
imposed by the Regional Trial Court is death, reclusion perpetua,
or life imprisonment, or where a lesser penalty is imposed but for
offenses committed on the same occasion or which arose out of
the same occurrence that gave rise to the more serious offense
for which the penalty of death, reclusion perpetua, or life
imprisonment is imposed, shall be by filing a notice of appeal in
accordance with paragraph (a) of this section.
(d) No notice of appeal is necessary in cases where the death
penalty is imposed by the Regional Trial Court. The same shall be
automatically reviewed by the Supreme Court as provided in
section 10 of this Rule.
(e) Except as provided in the last paragraph of section 13, Rule
124, all other appeals to the Supreme Court shall be by petition
for review on certiorari under Rules 45. (3a)
Section 4. Publication of notice of appeal. — If personal service
of the copy of the notice of appeal can not be made upon the
adverse party or his counsel, service may be done by registered
mail or by substituted service pursuant to sections 7 and 8 of Rule
13. (4a)
Section 5. Waiver of notice. — The appellee may waive his right
to a notice that an appeal has been taken. The appellate court
may, in its discretion, entertain an appeal notwithstanding failure
to give such notice if the interests of justice so require. (5a)
Section 6. When appeal to be taken. — An appeal must be taken
within fifteen (15) days from promulgation of the judgment or from
notice of the final order appealed from. This period for perfecting
an appeal shall be suspended from the time a motion for new trial
or reconsideration is filed until notice of the order overruling the
motion shall have been served upon the accused or his counsel
at which time the balance of the period begins to run. (6a)
Section 7. Transcribing and filing notes of stenographic reporter
upon appeal. — When notice of appeal is filed by the accused,
the trial court shall direct the stenographic reporter to transcribe
his notes of the proceedings. When filed by the People of the
Philippines, the trial court shall direct the stenographic reporter
to transcribe such portion of his notes of the proceedings as the
court, upon motion, shall specify in writing. The stenographic
reporter shall certify to the correctness of the notes and the
transcript thereof, which shall consist of the original and four
copies, and shall file the original and four copies with the clerk
without unnecessary delay.
If death penalty is imposed, the stenographic reporter shall, within
thirty (30) days from promulgation of the sentence, file with the
clerk original and four copies of the duly certified transcript of his
notes of the proceedings. No extension of time for filing of said
transcript of stenographic notes shall be granted except by the
Supreme Court and only upon justifiable grounds. (7a)
Section 8. Transmission of papers to appellate court upon
appeal. — Within five (5) days from the filing of the notice of
appeal, the clerk of the court with whom the notice of appeal was
filed must transmit to the clerk of court of the appellate court the
complete record of the case, together with said notice. The
original and three copies of the transcript of stenographic notes,
together with the records, shall also be transmitted to the clerk of
the appellate court without undue delay. The other copy of the
transcript shall remain in the lower court. (8a)
Section 9. Appeal to the Regional Trial Courts. —
(a) Within five (5) days from perfection of the appeal, the clerk of
court shall transmit the original record to the appropriate Regional
Trial Court.
(b) Upon receipt of the complete record of the case, transcripts
and exhibits, the clerk of court of the Regional Trial Court shall
notify the parties of such fact.
(c) Within fifteen (15) days from receipt of the said notice, the
parties may submit memoranda or briefs, or may be required by
the Regional Trial Court to do so. After the submission of such
memoranda or briefs, or upon the expiration of the period to file
the same, the Regional Trial Court shall decide the case on the
basis of the entire record of the case and of such memoranda or
briefs as may have been filed. (9a)
Section 10. Transmission of records in case of death penalty. —
In all cases where the death penalty is imposed by the trial court,
the records shall be forwarded to the Supreme Court for
automatic review and judgment within five (5) days after the
fifteenth (15) day following the promulgation of the judgment or
notice of denial of a motion for new trial or reconsideration. The
transcript shall also be forwarded within ten (10) days after the
filing thereof by the stenographic reporter. (10a)
Section 11. Effect of appeal by any of several accused. —
(a) An appeal taken by one or more of several accused shall not
affect those who did not appeal, except insofar as the judgment
of the appellate court is favorable and applicable to the latter;
(b) The appeal of the offended party from the civil aspect shall not
affect the criminal aspect of the judgment or order appealed from.
(c) Upon perfection of the appeal, the execution of the judgment
or final order appealed from shall be stayed as to the appealing
party. (11a)
Section 12. Withdrawal of appeal. — Notwithstanding the
perfection of the appeal, the Regional Trial Court, Metropolitan
TrFroial Court, Municipal Trial Court in Cities, Municipal Trial
Court, or Municipal Circuit Trial Court, as the case may be, may
allow the appellant to withdraw his appeal before the record has
been forwarded by the clerk of court to the proper appellate court
as provided in section 8, in which case the judgment shall become
final. The Regional Trial Court may also, in its discretion, allow the
appellant from the judgment of a Metropolitan Trial Court,
Municipal Trial Court in Cities, Municipal Trial Court, or Municipal
Circuit Trial Court to withdraw his appeal, provided a motion to
that effect is filed before rendition of the judgment in the case on
appeal, in which case the judgment of the court of origin shall
become final and the case shall be remanded to the latter court
for execution of the judgment. (12a)
Section 13. Appointment of counsel de oficio for accused on
appeal. — It shall be the duty of the clerk of the trial court, upon
filing of a notice of appeal, to ascertain from the appellant, if
confined in prison, whether he desires the Regional Trial Court,
Court of Appeals or the Supreme Court to appoint a counsel de
oficio to defend him and to transmit with the record on a form to
be prepared by the clerk of court of the appellate court, a
certificate of compliance with this duty and of the response of the
appellant to his inquiry. (13a)
Appeals
Definition Appeal is a proceeding undertaken to have a
decision reconsidered by bringing it to a
higher court authority. The right to appeal is
neither a natural right nor is it a component of
due process.
*** Not a natural right.
The right to appeal is not a natural right and is
not part of due process. It is merely a statutory
privilege, and may be exercised only in
accordance with the law. The party who seeks
to avail of the same must comply with the
requirements of the Rules. Failing to do so, the
right to appeal is lost.
Nature An appeal confers upon the appellate court
jurisdiction to examine the records, revise the
judgment appealed from, increase (or reduce)
the penalty, and cite the proper provision of the
penal law.
The appellate court may, and generally does,
look into the entire records to ensure that no
fact of weight or substance has been
overlooked, misapprehended, or misapplied by
the trial court
Who may Any party may appeal from a judgment or final
appeal order, unless the accused will be placed in
double jeopardy
*** UNLESS accused moved for appeal
When an accused appeals from the sentence
of the trial court, he waived the constitutional
safeguard against double jeopardy and
throws the whole case open to the review of
the appellate court, which is then called upon
to render such judgment as law and justice
dictate, whether favorable or unfavorable to the
appellant
Changing A party cannot change his theory on appeal
the nor raise in the appellate court any question
theory on of law or fact that was not raised by the
appeal parties in their pleadings.
Points of law, theories, issues and arguments
not adequately brought to the attention of the
trial court ordinarily will not be considered by a
reviewing court as they cannot be raised for
the first time on appeal because this would be
offensive to the basic rules of fair play, justice,
and due process
General General rule: no error will be considered by
Rule the appellate court
1. Error affects the jurisdiction of the court over
the subject matter
2. Error affects the validity of the judgment
appealed from or the other proceedings herein
3. Error is closely related or dependent on an
assigned error and properly argued in the brief
4. Error is plain error or a clerical error
5. The appellate court finds that the
consideration of errors not assigned on appeal
is necessary in arriving at a complete and just
resolution of the case, serving the interests of
justice
 *** Villareal v. Aliga: A judgment of acquittal
may be assailed only in petition for certiorari b. RTC decision
under Rule 65 of the ROC. imposing Death

2. Court of Appeals Automatic review

Where to appeal
a. Imposable penalty is
Death
The appeal may be taken as follows:
b. RP LI or a lesser Notice of appeal
Cases decided by To
penalty
MeTC, MTC, MCTC RTC
3. Sandiganbayan Notice of appeal
RTC CA, or SC in proper cases a. SB exercising
provided by law appellate jurisdiction
for offenses where the
CA Supreme Court imposable penalty is
RP LI
How Appeal is made
b. SB exercising
Appeal From Decision of How Taken jurisdiction for offenses
to where the imposable
RTC MTC 1. Notice of Appeal penalty is RP LI
with the MTC
2. Serve a copy of the
notice to the adverse c. Cases not falling in Petition for review on
Paragraph (a) and (b) certiorari via Rule 45
Court of RTC 1. Notice of Appeal above
Appeals with the RTC
*** Exercising Original
Jurisdiction less than 2. Serve a copy of the Court being Mode of Appeal Penalty
RP LI notice to the adverse reviewed >
Appellate Court
Exercising Appellate File a petition for
Jurisdiction review under Rule MTC > RTC Notice of Appeal Not Exceeding
42 RTC > CA Petition For Review 6 years
under 42
Where the imposable 1. Notice of Appeal *** Exercising AJ
penalty is with the RTC MTC > RTC > CA > Petition for Review
SC on Certiorari
1. RP LI 2. Serve a copy of the
2. Lesser penalty for notice to the adverse RTC ON ITS ORIGINAL JURISDICTION
offenses committed on
the same occasion or RTC > CA Notice of Appeal Exceeding 6
which arose from the CA > SC Petition for Review years but not
same occurrence that on Certiorari LDR
gave rise to the offense RTC > CA Notice of Appeal Life and
punishable by RP LI CA > SC Notice of Appeal Reclusion
Perpetua
Imposable penalty is Automatic review to RTC > CA Notice of Appeal Death
Death CA CA > SC Automatic Review

Supreme 1. All other appeals Petition for review on RTC ON ITS APPELATE JURISDICTION
Court except: certiorari via Rule 45
RTC > CA Petition for review
a. RTC decision under Rule 42
where the imposable
penalty is LI or RP or CA
a lesser penalty for
CA to SC Petition for review on
offenses committed on certiorari Under 45
the same occasion or
which arose from the
Sec. 13, Rule 124:
same occurrence that
gave rise to the offense
punishable by RP LI
• Where CA finds that death shall be imposed, the court shall
render judgment but refrain from making an entry of judgment *** NEYPES RULE
and forthwith certify the case and elevate its entire record to
the SC for review. Withdrawal RTC or MTC may allow the appellant to
of appeal withdraw his appeal, despite perfection,
• Where judgment also imposes a lesser penalty for offenses provided a motion to withdraw is filed, and
committed on the same occasion or which arose out of the the motion is filed before the RTC renders
same occurrence that gave rise to the more serious offense judgment on the appeal.
for which the penalty of death is imposed, and the accused
appeals, the appeal shall be included in the case certified for Effects of General Rule
review to the SC. appeal by
any of An appeal taken by one or more of several
• In cases where the CA imposes RP, LI or a lesser penalty, it several accused shall not affect those who did not
shall render and enter the judgment imposing such penalty. accused appeal. The appeal shall have an effect
The judgment may be appealed to the SC by notice of insofar as the judgment of the appellate court
appealed filed with the CA. is favorable and applicable to those who
did not take an appeal

SB ON ITS ORIGINAL JURISDICTION Exception

RTC > SB Notice of Appeal Not exceeding The benefits of this rule extends to all the
RTC > SB > SC Petition for Review 6 years accused, regardless of whether they appealed
on Certiorari or not

SB ON ITS ORIGINAL JURISDICTION

SB > SC Petition for Review Exceeding 6

on Certiorari years but not Applicability of the Harmless Error Rule
LDR
Notice of Appeal Life and Not all errors committed by the trial court are grounds for reversal
Reclusion of the appealed judgment. If the error is slight and insignificant,
Perpetua
the error will be discarded because it has not caused prejudice to
Automatic Review Death
a party.

*** A petition for review raises only questions of law and should
The harmless error rule obtains during review of the things done
raise the errors of law of the CA and not those of the RTC
by either the trial court or by any of the parties themselves in the
course of trial, and any error thereby found does not affect the
Purported errors of judgment or those involving misappreciation
substantial rights or even the merits of the case. The Court has
of evidence or errors of law, which, as aforesaid, cannot be raised
had occasions to apply the rule in the correction of a misspelled
and be reviewed in a Rule 65 petition. To repeat, a writ of certiorari
name due to clerical error; (Flight Attendants and Stewards
can only correct errors of jurisdiction or those involving the
Association of the Philippines v. Philippine Airlines, Inc., G.R. Nos.
commission of grave abuse of discretion, not those which call for
178083 & A.M. No. 11- 10-1-SC (Resolution), [March 13, 2018])
the evaluation of evidence and factual findings.

A petition for certiorari under Rule 65 of the Rule should have

Grounds for dismissal of appeal
been filed instead of herein petition for review on certiorari under
Rule 45. The People may assail a judgment of acquittal only via Grounds for (a) Appellant fails to file his brief within the
Dismissal prescribed time, except where the
petition for certiorari under Rule 65 of the Rules. If the petition,
appellant is represented by a counsel de
regardless of its nomenclature, merely calls for an ordinary review
oficio.
of the findings of the court a quo, the constitutional right of the (b) Appellant escapes from prison or
accused against double jeopardy would be violated. (ibid) confinement, jumps bail, or flees to a
foreign country during the pendency of
The errors are not within the province of a petition for review on the appeal. (Sec. 8, Rule 124).
certiorari under Rule 45, since such errors are not questions of (c) Failure to file the notice of appeal within
law but of fact. (Roque vs. People, G.R. No. 193169, April 6, 2015) the prescribed period.
(d) Failure to pay the docket or other lawful
An appeal must be taken within 15 days from: fees.
(e) Failure of the appellant to serve and file
the required number of copies of his brief
Must be 1. Promulgation of the judgment or
or memorandum within the time provided
From notice of final order appealed from the
by the Rules
time a motion for new trial or reconsideration
(f) Absence of specific assignment of errors
is filed until notice of the order overruling the
in the appellant's brief, or of page
motion has been served upon the accused or
references to the record.
his counsel
(g) Failure of the appellant to take the
necessary steps for the correction or
completion of the record within the time
limited by the court in its order.
(h) Failure of the appellant to comply with
orders, circulars, or directives of the
court without justifiable cause.
(i) The fact that the order or judgment
appealed from is not appealable.
 Provisional Remedies

The requisites and procedure for availing of provisional remedies

shall be the same as those for civil cases

Nature These are remedies which the party litigants

may resort to for the preservation or
protection of their rights or interests
during the pendency of the action.

When Only where the civil action for the recovery of

Proper civil liability ex delicto has not been waived,
or is not reserved when such reservation
of a separate action may be made.

Kinds of (a) Attachment;

Provisional (b) Injunction;
Remedies (c) Receivership;
(d) Delivery of personal property;
(e) Support pendente lite

Attachment When the civil action is properly instituted in

the criminal action as provided in Rule 111,
the offended party may have the property
of the accused attached as security for the
satisfaction of any judgment that may be
recovered from the accused in the
following cases:

(1) When the accused is about to abscond

from the Philippines.

(2) When the criminal action is based on a

claim for money or property embezzled or
fraudulently misapplied or converted to
the use of the accused who is a public
officer, officer of a corporation, attorney,
factor, broker, agent or clerk, in the course of
his employment as such, or by any other
person in a fiduciary capacity, or for a willful
violation of duty.

(3) When the accused has concealed,

removed, or disposed of his property, or is
about to do so; and,

(4) When the accused resides outside the

Philippines
 Search and Seizure 1. Nature of It is akin to writ of discovery and may
criminal be invoked only in furtherance of
Section 2. The right of the people to be secure in their process public prosecution
persons, houses, papers, and effects against unreasonable
searches and seizures of whatever nature and for any purpose 2. No relation Only in criminal prosecution
to civil process
shall be inviolable, and no search warrant or warrant of arrest
or trial
shall issue except upon probable cause to be determined
personally by the judge after examination under oath or
3. Not available
affirmation of the complainant and the witnesses he may to individuals
produce, and particularly describing the place to be searched in the course of
and the persons or things to be seized civil
proceedings.
Search An order in writing issued in the name of
Warrant the People of the Philippines, signed by a 4. Not in the
judge and directed to a peace officer, maintenance of
commanding him to search for personal a public right
property described therein and bring it
before the court. 4. Interlocutory It leaves something more to be done,
in character the determination of the guilt of the
*** Not a criminal action, but in nature accused
of criminal process
Constitutional Requirements in the Issuance
Can be questioned by the aggrieved
party even without the conformity of a of Search Warrant
public prosecutor.
No search • There must be probable cause in
Purpose To obtain evidence. warrant or connection with one specific
warrant of offense
It is not a proceeding against a person arrest shall
but is solely for the discovery and to get issue except: • The presence of probable cause is
possession of personal property. to be determined by the judge
personally
Power is Trial judge in the exercise of their judicial
vested to: function. • The determination must be made
after an examination under oath of
Where filed (1) Any court within whose territorial the complainant and the witnesses
jurisdiction a crime was committed.
• The warrant must specifically
(2) For compelling reasons stated in the describe the place to be searched
application, any court within the and the things to be seized (must be
judicial region where the crime was anywhere in the Phils.)
committed if the place of the commission
of the crime is known, or any court Who may
within the judicial region where the invoke 1. Private individual
warrant shall be enforced. 2. Foreigners arriving in the
Philippines
(3) If the criminal action has already been 3. Juridical Persons,
filed, the application shall only be including Newspaper
made in the court where the criminal Companies
action is pending. 4. Officers of a corporation

*** If continuing offense, may be applied State of State of emergency not a valid
for in any court where the element of the emergency ground for general searches and
alleged offense was committed. seizures:

Exclusionary Any evidence obtained through A proclamation of a state of

Rule unreasonable searches and seizures emergency by a provincial governor
shall be inadmissible for any purpose cannot serve as legal basis for general
in any proceeding. searches and seizures, including
warrantless arrests. Even a declaration
of martial law by the President does
not suspend the operation of the
Nature of a Search Warrant Constitution, nor supplant the
functioning of the civil courts or
legislative assemblies, nor authorize
 the conferment of the jurisdiction on thereafter, it becomes
military courts and agencies over functus oficio
civilians where civil courts are able to
function, nor automatically suspend EXCEPTION
the privilege of the writ."
When the search
conducted on one day was
What constitute an unreasonable search interrupted, in which case,
the same may be
As a general rule, when the arresting officer does not have a continued under the
warrant of arrest/search warrant, no public official has the right same warrant the
following day if not
to enter the premises of another without his consent for the
beyond the 10-day period
purpose of search and seizure.
As long as the person is The things to be seized
Note: What constitutes a reasonable or unreasonable search identifiable, you can and the person to be
or seizure in any particular case is purely a judicial question, already implement the searched must be
determinable from a consideration of the circumstances warrant lawfully. specifically identified.
involved, including the purpose of the search, the presence
or absence or probable cause, the manner in which the
search and seizure was made, the place or thing searched, Search Warrant involving heinous crimes
and the character of the articles procured
Heinous crimes (1) Dangerous drugs
Arrest Warrant or Search Warrant (2) Illegal possession of firearms
(3) Illegal gambling
Arrest warrant Search warrant (4) Heinous crimes
(5) Anti-money laundering
Preliminary examination leads to its issuance or non- (6) Violation of Intellectual
issuance. Property Rights
(7) Tariff and taxes of the customs
Both rendered by the judge code

For the purpose of taking a
person into the custody of
the law.
The judge is required to
conduct an investigation or
examination but the court
may dispense with the
personal examination and
may simply rely on the
report of the fiscal
An arrest may be made on
any day and at any time
of the day or night.
For the purpose of taking
personal property into the
custody of the law
The court must always
conduct searching
questions upon the
complainant and his
witnesses
Should be executed only
on daytime unless
otherwise stated in the
warrant itself.
*** When the affidavit
asserts that the property is
on the person or in tthe
place ordered to be
searched, in which case a
direction may be inserted
that it be served at any
time of the day or night.
The following are Executive and Vice Executive
authorized to act Judges of RTCs of Manila and
on application of Quezon City filed by:
search warrants of
above crimes (a) NBI
(b) PNP
(c) Presidential Anti-Organized
Crime Task Force (PAOC-TF) (d)
Reaction Against Crime Task Force
(REACT-TF)
*** MAY BE SERVED OUTSIDE
MANILA OR QC.
Requisites for Issuing Search Warrants
(1) The warrant must It refers to such fact and
be issued upon circumstances which would
probable cause lead a reasonably discreet and
prudent man to believe that the
offense charged has been
committed and that the objects
sought in connection with the
offense are in the place sought
to be searched

Imprescriptible; until and
unless implemented.
Only good for 10 days; *** The basis must be the
whether implemented or personal knowledge of the
not, the search warrant complainant or the witnesses
dies on the 11th day. he may produce and not based
on mere hearsay.
*** A search warrant can
be used only once, FACTORS TO DETEMINE PC

(a) Time of the application in
relation to the alleged offense
committed. The nearer the time
at which the observation of the
offense is alleged to have been
made, the more reasonable the
conclusion of establishment of
probable cause
(b) There must be competent
proof of particular acts or
specific omissions but only the
best evidence under the
circumstances is required
(2) Probable cause Exception:
must be determined
personally by the Deportation of illegal and
judge; undesirable aliens, whom the
President or the Commissioner
of Immigration may order
arrested, following a final order of
deportation, for the purpose of
deportation
*** Judge’s finding of PC may ne
set aside and his findings may
be quashed.
(3) The judge must Before issuing the warrant:
have personally
examined, under (a) The judge must personally
oath and affirmation, examine in the form of
and in the form of searching questions and
searching questions answers the complainant and
and answers, the the witnesses he may produce;
applicant and his
witnesses; (b) In writing and under oath;
(c) On facts personally known to
them; and,
(d) Attach to the record their
sworn statements, together with
the affidavits submitted
*** Application for a search
warrant is heard ex-parte.
(4) The warrant must Particularity of the place to be
particularly describe searched and things to be
the place to be seized.
searched and the
things to be seized To leave the officers of the law
which may be with no discretion regarding what
anywhere in the articles they shall seize, to the
Philippines; and end that unreasonable searches
and seizures may not be made –
that abuses may not be
committed.
*** To prevent general
searches
General Warrants – a search or
an arrest warrant that is not
particular as to the person to be
arrested or the property to be
seized.
Tests to determine particularity
of the place to be searched?
1. When the description
therein is as specific as the
ordinary circumstance will
allow
2. When the description
express a conclusion of
fact, not of law which the
warrant officer may be
guided in making the
search and seizure;
3. When the things described
therein are limited to those
which bear direct relation to
the offense for which the
warrant is being issued.
.
(5) The warrant must Scatter-shot warrant
be issued for one
specific purpose or in Scatter-shot warrant is a search
connection with one warrant issued for more than
specific offense. one specific offense. It is void
because it violates the
constitutional requirement that
there must be particularity of the
things to be seized and persons
and places to be searched.
Knock and announce principle
General Officers implementing a search warrant
Rule must:
(a) Announce their presence;
(b) Identify themselves to the accused
and to persons who rightfully have
possession of the premises to be searched;
and, show to said accused and persons
the search warrant to be implemented by
them and explain said warrant in a
language/dialect known and understood by
the said accused or persons
Exception (a) The person whose premises or who is
entitled to the possession thereof, refuses,
upon demand, to open it;
(b) When such person in the premises
already knew of the identity of the officers
and of their authority;
 (c) When the officers are justified, in the
honest belief that there is an imminent peril
to life and limb; and,
(d) When those in the premises, aware of
the presence of someone outside, are then
engaged in activities which justifies the
officer to believe that an escape or the
destruction of evidence is imminent
Right to Break Door or Window to Effect
Search
The officer, if refused admittance to the place of directed
search after giving notice of his purpose and authority, may
break open any outer or inner door or window of a house
or any part of a house or anything therein to execute the
warrant or liberate himself or any person lawfully aiding him
when unlawfully detained therein.
Search of house, room, or premise to be
made in presence of two witnesses
No search of a house, room, or any other premises shall be
made except in the presence of:
Rule No search of a house, room, or any other
premises
Except In the presence of
(a) The lawful occupant thereof; or,
(b) Any member of his family; or
(c) In the absence of the latter, two
witnesses of sufficient age and discretion
residing in the same locality
Personal property to be seized
Personal A search warrant may be issued for the
property search and seizure of personal property:
(a) Subject of the offense;
(b) Stolen or embezzled and other
proceeds, or fruits of the offense; or
(c) Used or intended to be used as the
means of committing an offense.
Receipt of The officer seizing the property under the
property warrant must:
seized
(1) Give a detailed receipt for the same
to the lawful occupant of the premises
in whose presence the search and seizure
were made; or,
(2) In the absence of such occupant, leave
a receipt in the place in which he found
the seized property, in the presence of at
least 2 witnesses of sufficient age and
discretion residing in the same locality.
Delivery of Property and Inventory
thereof to Court; Return and
Proceedings thereon
The officer must forthwith deliver the
property seized to the judge who issued
the warrant, together with a true
inventory thereof duly verified under oath.
The judge shall see to it that this has been
complied with ten (10) days after issuance
of the search warrant, the issuing judge
shall ascertain if the return has been
made.
If not, the (1) Summon the person to whom the
judge shall warrant was issued; and,
(2) Require him to explain why no return
was made
If made, the 1. Ascertain whether Section 11 of this
judge shall Rule on Receipt for the Property Seized
has been complied with; and,
2. Require that the property seized be
delivered to him.
*** A violation of this rule shall constitute
contempt of court.
Custody of The responsibilities of the magistrate do
the Seized not end with the granting of the warrant,
Items but extends to the custody of the articles
seized. In exercising custody over these
articles, the property rights of the owner
should be balanced with the social need
to preserve evidence which will be used in
the prosecution of a case.
If no Where the purpose of presenting the
criminal articles seized as evidence is no longer
action had served, there is no justification for
been filed severely curtailing the rights of a
in court person to his property.
In ordering the return of the articles
seized, the trial court had reasonably
exercised its discretion in determining
from the circumstances of the case what
constitutes a reasonable and
unreasonable search and seizure.
Exception to the Search Warrant
requirements
Exception (1) When the owner of the premises
waives his right against such incursion;
(2) When the search is incidental to a
lawful arrest;
 (3) When it is made on vessels and
aircraft, such as for violation of customs
laws;
(4) When it is made on automobiles or
motor vehicles generally for the purpose
of preventing violations of smuggling or
immigration laws;
(5) When it involves prohibited articles in
plain view; or,
(6) In cases of inspection of buildings and
other premises for the enforcement of
fire, sanitary and building regulations.
Valid Warrantless Search
Search incidental to lawful arrest
Requisites 1. the item to be searched was within the
arrestee's custody or area of
immediate control
2. the search was contemporaneous
with the arrest
Rule A person may be arrested without search
warrant may be searched
a. for dangerous weapons
b. anything which may have been used or
which may constitute as proof of the
commission of an offense.
In a search incidental to a lawful arrest, as
the precedent arrest determines the validity
of the incidental search, the legality of the
arrest is questioned in a large majority of
these cases, e.g., whether an arrest was
merely used as a pretext for conducting a
search. In this instance, the law requires
that there be first a lawful arrest before a
search can be made – the process cannot
be reversed
*** Lawful arrest should be made, and
the process cannot be reversed.
Consented Search
When When the owner of the premises waives
his rights against such incursion
Consent cannot be presumed simply
because the accused failed to object to the
search.
To It must appear that:
constitute
a waiver: a. The right exists;
b. The person involved had knowledge,
actual or constructive, of the existence of
such rights; and
c. Actual intention to relinquish such
rights.
Search of a moving vehicle
When May validly be made without a search
warrant because the vessel or aircraft can
quickly move out of the jurisdiction before
such warrant could be secured.
In Aniag v. Comelec, twenty meters away
from the gate of the Batasan, a truck was
stopped and searched. The motorists had
not given any evidence of suspicious
behavior nor had the searching officers
received any confidential information about
the car.
The Court held that the search was not
justifiable as a warrantless arrest of a moving
vehicle as there was no probable cause.
Required The officers conducting it should have
that: reasonable or probable cause to believe,
before the search is conducted, that they will
find the instrumentality or evidence
pertaining to a crime, in the vehicle to be
searched.
Check points; Body checks in airport
When Searches conducted in checkpoints are
valid for as long as they are warranted by
the exigencies of public order and are
conducted in a way least intrusive to
motorists.
For as long as the vehicle is neither
searched nor its occupants subjected to a
body search, and the inspection of the
vehicle is limited to a visual search, said
routine checks cannot be regarded as
violative of an individual’s right against
unreasonable search
Body In body checks in airports, passengers
checks in attempting to board an aircraft routinely
airports pass through metal detectors; their carry-
on baggage as well as checked luggage is
routinely subjected to x-ray scans.
Should these procedures suggest the
presence of suspicious objects, physical
searches are conducted to determine
what the objects are.
There is little question that such searches
are reasonable, given their minimal
intrusiveness, the gravity of the safety
interests involved, and the reduced
privacy expectations associated with
airline travel.
 Indeed, travelers are often notified through
airport public address systems, signs, and
notices in their airline tickets that they are
subject to search and, if any prohibited
materials or substances are found, such
would be subject to seizure. These
announcements place passengers on
notice that ordinary constitutional
protections against warrantless
searches and seizures do not apply to
routine airport procedures.
People v. People v. Sapla: Search of vehicles in a
Sapla checkpoint is non-violative:
(a) where the officer merely draws aside
the curtain of a vacant vehicle which is
parked on the public fair grounds;
(b) where the officer simply looks into a
vehicle;
(c) where the officer flashes a light therein
without opening the car's doors;
(d) where the occupants are not subjected
to a physical or body search;
(e) where the inspection of the vehicles is
limited to a visual search or visual
inspection; and
(f) where the routine check is conducted
in a fixed area
*** NOTE Not all checkpoints are illegal.
Checkpoints are not illegal per se...
Routine inspection and few questions do
not constitute unreasonable searches
inspection becomes more thorough to the
extent of becoming a search, this can be
done when there is deemed to be
probable cause. In the latter situation, it is
justifiable as a warrantless search of a
moving vehicle
Plain view doctrine
When Objects falling in plain view of an
officer who has a right to be in a position
to have that view are subject to seizure
even without a search warrant and may
be introduced in evidence
*** FAILURE BY THE LEO to strictly
comply with this rule is not fatal.
It does not render petitioner’s arrest
illegal nor the evidence adduced against
him inadmissible. What is essential is
"the preservation of the integrity and the
evidentiary value of the seized items, as
the same would be utilized in the
determination of the guilt or innocence
of the accused."
Requisites a. A prior valid intrusion based on
the valid warrantless arrest in
which the police are legally present
in the pursuit of their official duties;
*** Law enforcement officer must
lawfully make an initial intrusion or
properly be in a position from which he
can particularly view the area. In the
course of such lawful intrusion, he came
inadvertently across a piece of evidence
incriminating the accused. The object
must be open to eye and hand and its
discovery inadvertent.
b. the evidence was inadvertently
discovered by the police who
have the right to be where they
are; and
*** Means that the officer must not
have known in advance of the
location of the evidence and
discovery is not anticipated.
c. the evidence must be immediately
apparent; and
*** This requirement means that
the incriminating nature of the
evidence becomes apparent if the
officer, at the moment of seizure,
had probable cause to connect it to
a crime without the benefit of an
unlawful search or seizure.
To be immediately apparent, the
rule does not require an unduly
high degree of certainty as to the
incriminating character of the
evidence. IT requires merely that
the seizure be presumptively
reasonable assuming that there is
probable cause to associate the
property with criminal activity.
d. plain view justified mere seizure of
evidence without further search
Examples It is clear that an object is in plain view if
the object itself is plainly exposed to
sight. The difficulty arises when the
object is inside a closed container.
Where the object seized was inside a
closed package, the object itself is not in
plain view and therefore cannot be
seized without a warrant.
However, if the package proclaims its
contents, whether by its distinctive
configuration, its transparency, or if its
contents are obvious to an observer,
then the contents are in plain view and
may be seized. In other words, if the
package is such that an experienced
observer could infer from its
 appearance that it contains the
prohibited article, then the article is
deemed in plain view.
It must be immediately apparent to the
police that the items they observe may
be evidence of a crime, contraband or
otherwise subject to seizure
Stop and frisk situation
When Stop and Frisk search limited to:
• the protective search for concealed
weapons [see Terry vs. Ohio]
• the search within the permissible area of
search or the place with the immediate
control of the accused to prevent the
destruction or loss of evidence.
Terry v. Its object is either to determine the identity of
Ohio a suspicious individual or to maintain the
status quo momentarily while the police
officer seeks to obtain more information.
The officer may search the outer clothing of
the person in an attempt to discover
weapons which might be used to assault
him.
Two Stop – A valid stop by an officer requires that
parts he has a reasonable and articulate belief
that criminal activity has happened or is
about to happen.
Frisk – Must be done because of a
reasonable belief that the person stopped
is in possession of a weapon that will pose
a danger to the officer and others. The frisk
must be a mere pat down outside the person’s
outer garment and not unreasonable intrusive.
Enforcement of customs law
The Collector of Customs is authorized to enforce customs
duties and tariff laws following the laws governing it. Custom
laws authorize persons with police authority under Section
2203 of the Tariff and Customs Code to enter, pass through or
search any land, enclosure, warehouse, store or building not
being a dwelling house; and also to inspect search and
examine any vessel or aircraft and any trunk, package, box or
envelope or any person on board, or to stop and search and
examine any vehicle, beast or person suspected of holding or
conveying any dutiable or prohibited article introduced into
the Philippines.
Remedies of unlawful search and seizure
Remedies (1) A motion to quash the search warrant;
*** WHERE TO FILE:
(a) Under the Criminal Case Rule, all the
incidents arising from the Search Warrant
should be consolidated in the court
where the criminal action has been
instituted;
(b) Under the Alternative Remedy Rule,
with the court that issued the search
warrant. All grounds for objection existent
or available and known at the time must be
invoked. Otherwise, they are deemed
waived
Note: If the court failed to resolve the
motion and a criminal case is subsequently
filed in another court, the motion shall be
resolved by the latter court
(2) A motion to suppress as evidence the
objects illegally taken;
(3) Certiorari, to nullify the search warrant
when it is a patent nullity; and,
(4) Replevin, if the objects are legally
possessed.
Effects of f the evidence is obtained through an
Illegal unlawful search, the seized item is
Search inadmissible in evidence against the
and accused.
Seizure
Any Evidence obtained in violation of this
or the preceding section shall be
inadmissible for any purpose in any
proceeding.
*** NOTES The remedies are alternative. If a motion to
quash is denied, a motion to suppress
cannot be availed consequently.
The illegality of the search warrant does not
call for the return of the things seized, the
possession of which is prohibited by law.
However, those personalities seized in
violation of the constitutional immunity
whose possession is not illegal or
unlawful per se ought to be returned to
their rightful owner or possessor.
Cybercrime Warrants
This Rule sets forth the procedure for the application and grant
of warrants and related orders involving the preservation,
disclosure, interception, search, seizure, and/or
examination, as well as the custody, and destruction of
computer data, as provided under Republic Act No. (RA)
10175, otherwise known as the "Cybercrime Prevention Act of
2012."
Venue of Criminal Actions
 For violation of Sec (1) before the designated
4 (Cybercrime cybercrime court of the
offenses) and/or Sec province or city where the
5 (Other offenses), offense or
Chapter 2 of RA
10175 (2) any of its elements is
committed, or
(3) where any part of the
computer system used is
situated, or
(4) where any of the damage
caused to a natural or juridical
person took place
Cybercrime courts Shall have special authority to
in QC, Manila, act on application and issue
Makati, Pasig, Cebu, warrants which shall be
Iloilo, Cagayan de enforceable nationwide and
Oro outside the Philippines.
Effective Period of Warrants
Any warrant issued under this Rule shall only be effective for
the length of time as determined by the court, which shall not
exceed a period of ten (10) days from its issuance. The
court issuing the warrant may, upon motion, extend its
effectivity based only on justifiable reasons for a period not
exceeding ten (10) days from the expiration of the original
period.
Contempt
Failure to timely file the returns for any of the issued warrants
under this Rule or to duly turnover to the court’s custody any
of the items disclosed, intercepted, searched, seized, and/or
examined as prescribed hereunder, shall subject the
responsible law enforcement authorities to an action for
contempt, which procedures shall be governed by Rule 71 of
the Rules of Civil Procedure, insofar as they are applicable.

*** NOTE Court where the criminal action
is first filed shall acquire
jurisdiction to the exclusion of
the other courts
All other crimes defined and
penalized by the Revised Penal
Code, as amended, and other
special laws, committed by,
though, and with the use of ICT,
as provided under Section 6,
Chapter II of RA 10175, shall be
filed by the law enforcement
authorities with the regular or
other specialized regional trial
courts, as the case may be,
within its territorial jurisdiction
in the places above-described
Obstruction of Justice for Non-Compliance;
Where to File
Pursuant to Section 20, Chapter IV of RA 10175, failure to
comply with the provisions of Chapter IV, specifically the
orders from law enforcement authorities, shall be punished as
a violation of Presidential Decree No. 1829, entitled
“Penalizing Obstruction Of Apprehension And Prosecution Of
Criminal Offenders.”
The criminal charge for obstruction of justice shall be filed
before the designated cybercrime court that has jurisdiction
over the place where the non-compliance was committed.
(Section 2.7, A.M. NO. 17-11-03-SC)
Extraterritorial Service of Warrants and Other
Court Processes

For persons or service providers situated outside of the

Incidents Related to the Warrant When
Philippines, service of warrants and/or other court processes
Criminal Action is Instituted shall be coursed through the Department of Justice – Office
of Cybercrime, in line with all relevant international
Once a criminal action is instituted, a motion to quash and
instruments and/or agreements on the matter. (Section 2.8
other incidents that relate to the warrant shall be heard and
A.M. NO. 17-11-03-SC)
resolved by the court that subsequently acquired jurisdiction
over the criminal action.

The prosecution has the duty to move for the transmittal of the
records, as well as the transfer of the items’ custody to the
latter court, which procedure is set forth in Section 7.2 of this
Rule. (Section 2.3, A.M. NO. 17-11-03-SC)

Examination of Applicant and Record

Before issuing a warrant, the judge must: personally

examine in the form of searching questions and answers,
in writing and under oath, the applicant and the witnesses he
may produce, on facts personally known to them and attach to
the record their sworn statements, together with the judicial
affidavits submitted. (Section 2.4, A.M. NO. 17-11-03-SC)