Criminal procedure

IMPORTANT TERMS AND THEIR DEFINITIONS the Issuance of a

Search Warrant
TERMS DEFINITION
Inquest Is an informal and summary investigation
Complaint Is a sworn written statement charging a
conducted by the public prosecutor in a
person with an offense, subscribed by the
criminal case involving persons arrested and
offended party, any peace officer, or other
detained without the benefit of a warrant of
officer charged with the enforcement of the
arrest issued by the court for the purpose of
law violated.
determining whether said persons should
remain under custody and correspondingly
Subpoena Is a process directed to a person requiring charged in court.
him to attend and to testify at the hearing or
the trial of an action, or at any investigation
Arrest Is the taking of a person into custody in
conducted by competent authority or for the
order that he may be bound to answer for the
taking of his deposition.
commission of an offense (Section 1, Rule
113)
Information Is an accusation in writing charging a person
with an offense, subscribed by the
Warrantless A peace officer or a private person may,
prosecutor and filed with the court.
Arrest without a warrant, arrest a person:
(a) When, in his presence, a person to be
Preliminary Is an inquiry or proceeding to determine arrested has committed, is actually
Investigation whether there is sufficient ground to committing, or is attempting to
engender a well-founded belief that a crime commit an offense;
has been committed and the respondent is (b) When an offense has just been
probably guilty thereof, and should be held committed, and he has probable
for trial (Section 1, Rule 112) cause to believe based on personal
knowledge of facts or circumstances
Probable Cause in that the person to be arrested has
Preliminary committed it; and
Investigation (c) When the person to be arrested is a
Probable Cause in “pertains to facts and circumstances which prisoner who has escaped from a
the Issuance of a would lead a reasonably discreet and penal establishment or place where
Warrant of Arrest prudent person to believe that an offense has he is serving final judgement or is
been committed by the person sought to be temporarily confined while his case
arrested.” (De Joya v. Marquez) is pending, or has escaped while
being transferred from one
Probable Cause in
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 Criminal procedure
confinement to another.
(Section 5, Rule 113)
Warrantless
Search
Miranda Rights
Bail Is the security given for the release of a
person in custody of the law, furnished by
him or a bondsman, to guarantee his
appearance before any court as required
under the conditions hereinafter specified.
Bail may be given in the form of corporate
surety, property bond, cash deposit, or
recognizance (Section 1, Rule 114)
Capital Offense Is an offense which, under the law existing
at the time of its commission and of the
application for admission to bail, may be
punishable with death (Section 6, Rule 114)
Bail as a Matter All persons in custody shall be admitted to
of Right bail as a matter of right, with sufficient
sureties, or released on recognizance as
prescribed by law of this Rule (a) before or
after conviction by the Metro TC, MTC,
MTC in Cities, MCTCs, and (b) befor
econviction by the RTC of an offense not
punishable by death, reclusion perpetua, or
life imprisonment (Section 4, Rule 114)
Bail as a Matter
of Discretion
Bail for Non-
bailable Offenses
RULE 110 – PROSECUTION OF OFFENSES
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SECTION 6: SUFFICIENCY OF COMPLAINT OR
INFORMATION
Must state the name of the accused, the designation of the offense
given by the statute, the acts or omissions complained of as
constituting the offense, the name of the offended party, the
approximate date of the commissions of the offense, and the place
where the offense was committed.
When an offense is committed by more than one person, all of
them shall be included in the complaint or information.
PURPOSE OF THE RULE
(1) To inform the accused of the nature and cause of the
accusation against him
(2) To notify the defendant of the criminal acts imputed to him
so that he can duly prepare his defense
CRITERIA IN MEASURING SUFFICIENCY
(1) Whether the indictment contains the elements of the
offenses intended to be charged and sufficiently apprises
the defendant of what he must be prepared to meet
(2) Whether the record show with accuracy who what extent he
may plead a former acquittal or conviction
SECTION 7: NAME OF THE ACCUSED
The complaint must state the name and surname of the accused or
any appellation or nickname by which they are known.
RATIONALE
To make a specific identification of the person to whom the
commission of an offense is being imputed and to preclude the
possibility of having a wrong person apprehended and brought to
trial while in the meantime the real culprit goes scot-free.
SECTION 8: DESIGNATION OF OFFENSES
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RULE 111 – PROSECUTION OF CIVIL ACTION
SECTION 1: INSTITUTION OF THE CIVIL ACTION WITH
THE CRIMINAL ACTION
When a criminal action is instituted, the civil action for the
recovery of civil liability arising from the offense charged shall be
deemed instituted with the criminal action unless the offended
party waives the civil action, reserves the right to institute it
separately or institutes the civil action prior to the criminal action.
Under this rule, what is deemed instituted with the criminal action
is only the action to recover civil liability arising from the crime or
ex-delicto.
The right to institute separately the civil action shall be made
before the prosecution starts presenting its evidence
RESERVATION
The offended party is given the option to file a separate civil action
to recover civil liability by reserving such right. The reservation
should be done before the prosecution presents its evidence.
WHEN IT SHALL CONSTITUTE FILING FEES
(1) Moral
(2) Nominal
(3) Temperate
(4) Exemplary
WHEN ACQUITTAL FROM CRIMINAL CASE DOES NOT RESULT
IN EXTINGUISHMENT OF CIVIL LIABILITY
(1) Where acquittal is based on reasonable doubt
(2) Where the court express declares that the liability is only
civil and not criminal
(3) Where the liability is not derived from or based on the
criminal of which the accused is acquitted.
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Filing fees are generally not charged unless for actual damages in
criminal cases. They are only paid if other items or damages are
alleged in the complaint, they shall constitute a first lien on the
judgment.
HOWEVER, filing fees for violations of BP 22 and estafa cases
should include the corresponding civil action. Any reservation for
separate civil action shall not be allowed. A separate civil liability
case is only allowed for the recovery of BP 22 when the civil case
is filed ahead of the criminal case.
INDEPENDENT CIVIL ACTION CAN PROCEED
(1) Article 32 – public officer that impedes on the rights of
another person
(2) Article 33 – defamation, fraud, and physical injuries
(3) Article 34 – city member or police force refuses to render
aid
(4) Article 2176 – damage by fault or negligence
PREJUDICIAL QUESTION
That which must precede the criminal action and which requires a
decision before a final judgment can be rendered in the criminal
action with which said question is closely connected.
ELEMENTS
 The previously instituted civil action involves an issue
similar or intimately related to the issue raised in the
subsequent criminal action
 The resolution of such issue determines whether or not the
criminal action may proceed.
RULE 112 – PRELIMINARY INVESTIGATION
DEFINITION
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An inquiry or proceeding to determine whether there is sufficient
ground to engender a well-founded belief that a crime has been
committed and the respondent is probably guilty thereof, and
should be held for trial. As provided in Section 7, a preliminary
investigation is required when the penalty prescribed by law is at
least 4 years 2 months and 1 day.
NATURE
Preliminary investigation is a statutory right thus, waivable.
PURPOSE
To establish probable cause. Preliminary investigation is a mere
inquiry, it is not a trial. Thus, the quantum of proof in preliminary
investigations is whether the respondent is of probable guilt and
should therefore be held for trial.
INQUEST PROCEEDING VS. PRELIMINARY INVESTIGATION
Inquest proceedings involve a person that is already arrested or
detained. It is summary in nature and seeks to determine where
there is a valid cause for the continued detention. While in
preliminary investigation, the accused is not yet arrested or
detained. There is regular filing and seeks to determine if there is
probable cause to file an information. There is not yet a warrant of
arrest.
Statutory Right
A preliminary investigation may not be required for cases where
the respondent undergoes inquest proceedings. But a person may
request preliminary investigation, in which case a waiver of the
provision of Art. 125 of the RPC must be signed.
Due Process
The right to due process entails the opportunity to be heard. It is at
this stage that it needs to be determined whether or not there is
probable cause.
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In Rule 212, this entails the following:
1. The right to submit a counter-affidavit
2. Right to examine all other evidence submitted by the
complainant
3. The right of the fiscal to set a hearing to propound
clarificatory questions to the parties of their witnesses
4. Right to be afforded an opportunity to present but without
the right to examine or cross-examine.
DOCTRINAL RULE
In determining the probable cause, the Prosecutor or the average
man weighs facts and circumstances without resorting to the rules
of evidence that, as a rule, is outside his technical knowledge.
Hearsay is sufficient evidence to establish probable cause. This is
because probable cause does not depend on the merit or
admissibility of a party’s testimony.
ABSENCE OF IRREGULARITY OF PRELIMINARY
INVESTIGATION
Failure of the accused to invoke his right to a preliminary
investigation before or at the time of entering a plea at arraignment
is a waiver of such right and any irregularity that attended it. Thus,
that right can no longer can be invoked for the first time in
appellate courts.
In the absence of preliminary investigation, when required, is not
to quash the information, but to remand it to the investigating
officer to conduct the investigation:
 Hold in abeyance the proceedings
 The case is remanded to the Office of the Provincial Fiscal
(OPF) or the Ombudsman (however this Is prohibited in
some cases: motion filed without prior leave of court,
preliminary investigation is not required, and investigation
has been conducted but are supposedly not meritorious)
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PROBABLE CAUSE Preliminary investigations are executive functions of the

prosecutor while preliminary examinations are a judicial function
Definition of a judge. Both establishes probable cause.
EXECUTIVE IN NATURE (PROSECUTOR) Officers authorized to conduct preliminary investigation
Such facts that are sufficient to engender a well-founded belief that (1) Provincial or city prosecutors and their assistants
a crime has been committed and that the private respondent is (2) National and regional state prosecutors
probably guilty thereof. (3) Other officers authorized by law
(4) Comelec (section 265 of the Omnibus Election Code)
Probable cause can be established with hearsay evidence, as long
(5) Presidential Commission on Good Governance
as there is substantial basis for crediting the hearsay.
(6) Ombudsman
JUDICIAL IN NATURE (JUDGE)
The ombudsman can investigate and prosecute on its own or
Pertains to facts and circumstances which would lead a reasonably on complaint by any person, any act or omission by any public
discreet and prudent person to believe that an offense has been officer or employee
committed by the person sought to be arrested.
Judges of MTCs except those in NCR shall have the authority to
WHERE IT NEEDS TO BE ESTABLISHED conduct preliminary investigation of crimes alleged to have been
(1) By prosecutor – for the purpose of filing information in committed in their respective territorial jurisdictions.
Court (Section 1 and 3, Rule 113) Provided, however that after the preliminary investigation the
(2) By the judge – for the purpose of issuing a warrant or arrest Judge shall forward the records of the case to the Provincial/City
or necessity for the accused to remain in custody (Section 5 Fiscal for the filing of the information.
and 8, Rule 112)
(3) By the arresting officer – in effecting warrantless arrest in OVERVIEW OF THE PROCEDURE
hot pursuit (Section 5b, Rule 113)
(a) The complaint shall state the address of the respondent and
NATIONAL PROSECUTION SERVICE shall be accompanied by the affidavits of complaint and the
Is headed by the Prosecutor General, composed of the Deputy State witnesses, along with other supporting documents
Prosecutors, Assistant State Prosecutors, and Prosecution (b) Within 10 days of the filing, the investigating officer shall
Attorneys. either dismiss or issue a subpoena
RULE 113 - ARREST
The Special Prosecutor and his prosecution staff comprise the
Office of the Special Prosecutor. Definition
PRELIMINARY INVESTIGATION VS. PRELIMINARY Is the taking o f a person into custody in order that he may be
EXAMINATION bound to answer for the commission of an offense.

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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.
ACTUAL RESTRAINT OR SUBMISSION TO CUSTODY
“Either the application of actual force, manual touching of the
body, or physical restraint, nor a formal declaration of arrest, is
required. It is enough that there be an intention of one party to
arrest the other.”
NO VIOLENCE OR UNNECESSARY FORCE
An officer is never justified in using unnecessary force or in
treating the offender with wanton violence or in resorting to
dangerous means when the arrest could be effected otherwise.
“The reasonableness of the force employed will depend upon the
number of aggressors, the nature and characteristic of the weapon
used, physical condition, size and other circumstances.”
MIRANDA RIGHTS
Article HI, Sect. 12(1) of the 1987 Constitution provides:
“Any person under investigation for the commission of an offense
shall have the right to be informed of his right to remain silent and
to have competent and independent counsel preferably of his own
choice. If the person cannot afford the services of counsel, he must
be provided with one. These rights cannot be waived except in
writing and in the presence of counsel”
Miranda Doctrine:
(a) Any person under custodial investigation has the right to
remain silent
(b) Anything he says can and will be used against him in a
court of law
(c) He has the right to talk to an attorney before being
questioned and to have his counsel present when being
questioned
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(d) If he cannot afford an attorney, one will be provided before
any questioning if he so desires
Procedure for Officers
1. The person arrested must be informed in a language known
to and understood by him of the reason for the arrest. He
must be shown the warrant of arrest.
2. He must be warned that he has the right to remain silent
and that any statement may be used against him.
3. He must be informed that he has the right to be assisted at
all times and have the presence of a lawyer of his own
choice.
4. If he does not have a lawyer, he should be provided with
one.
5. He must be informed that no custodial investigation of any
form shall be conducted except in the presence of his
counsel.
6. The person arrested must be informed that he has the right
to communicate or confer by means of telephone, radio,
letter or messenger with his lawyer, any immediate member
of his family, medical doctor, priest, minister, or counsel.
7. He must be informed that he has the right to waive any of
said rights as longs as it is made voluntarily, knowingly,
and intelligently.
8. If the person arrested waives his right to a lawyer, he must
be informed that it must be done in writing and in the
presence of counsel, otherwise it is void.
9. The person arrested must be informed that his initial
waiver, regardless of whether he may have answered some
questions or volunteered some statements.
10. He must be informed that any statement obtained in
violation of any of the foregoing, whether inculpatory or
exculpatory, shall be inadmissible in evidence.
PROCEDURE ON WARRANT OF ARREST
(1) Prosecution files information
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(2) Issuance of warrant Custodial Investigation – is the questioning initiated by law

(3) Execution of warrant enforcement officers after a person has been takin into custody or
(4) Report of warrant otherwise deprived of his freedom of action in any significant way.

WARRANTLESS ARREST Preliminary Investigation – is an inquiry or a proceeding to

determine whether there is sufficient ground to engender a well-
(a) Flagrante Delicto Arrest founded belief that a crime has been committed.

REQUISITES “The import of the distinction between custodial interrogation and

1. Overt act
2. In the presence or within the view of the arresting officer
(b) Probable Cause Arrest
REQUISITES
1. An offense has just been committed
2. The person making the arrest has personal knowledge of
the facts and circumstances that the person to be arrested
has committed it
3. Based on these facts and circumstances that the officer
possessed at the time, would a reasonably discreet and
prudent person believe that the accused committed the
offense
preliminary investigation relates to the inherently coercive nature
of a custodial interrogation which is conducted by the police
authorities.
DUTY OF ARRESTING OFFICER
The two-fold duty of the arresting officer:
1. To arrest the accused
2. To deliver the accused to the nearest police station or jail
without unnecessary delay
EXECUTION OF WARRANT OF ARREST
No period is provided for the enforceability of warrants of arrest,
and although within 10 days from the delivery of the warrant
thereon must be made to the issuing judge.

(c) Arrest of Escapee
RECORDING OF POLICE INVESTIGATION
Massiah Rule
“Any secret interrogation of the defendant, from and after the
finding of the indictment, without the protection afforded by the
presence of counsel, contravenes the basic dictates of fairness in
the conduct of criminal cases and the fundamental rights of person
charged with crime.”
Custodial Investigation vs. Preliminary Investigation
If for 6 months from delivery of the warrant, the accused remains
at large, the criminal case may be archived.
Arrest Without Warrant
(a) When the person to be arrested has committed, is actually
committing, or is attempting to commit an offense.
(b) When an offense has just been committed and he has
probably cause to believe based on personal knowledge that
the person to be arrested has committed it
(c) When the person to be arrested is a prisoner who has
escaped from a penal establishment or place where he is
serving final judgment

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Section 5 of Rule 113 lays down the basic rules on lawful
warrantless arrests:
(a) Arrest in flagrante delicto (caught in the act)
1. The person to be arrested must execute an overt act
indicating that he has just committed, is actually
committing, or is attempting to commit a crime
2. Such overt act is done in the presence or within the
view of the arresting officer
(b) Arrest in hot pursuit
(c) Arrest of escaped prisoners or those temporarily detained.
Personal Knowledge
Refers to a person’s reputation or past criminal citations that would
create a dangerous precedent and unnecessarily stretch the
authority and power of police officers to effect warrantless arrests
based solely on knowledge of a person’s previous criminal
infractions.
There must be a reasonable suspicion, in good faith, based on
personal knowledge of facts or circumstances, that a person to be
arrested is probably guilty of an offense.
Overt Act Indicative of Felonious Enterprise
(a) In the Presence of Within View - the officer sees the
offense, although at a distance, or hears the disturbances
created thereby and proceeds at once to the seen thereof.
(b) Immediacy; An Offense Has Just Been Committed – there
must be a large measure of immediacy between the time the
offense was committed and the time of the arrest.
Hearsay as Basis of Probable Cause
Hearsay may be the basis for issuance of the warrant so long as
there is a substantial basis for crediting the hearsay.
PROCEDURE FOR SERVING WARRANT OF ARREST
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In serving the warrant, the police officer should introduce himself
and show proper identification. The officer shall inform the person
of the cause of arrest and the fact that a warrant has been issued for
his arrest.
The arresting officer need not have the warrant of arrest with him
but if the person arrested requests to see it, it shall be shown to him
as soon as practicable.
Method of Arrest by Officer Without Warrant
The officer shall inform the person to be arrested of his authority
and the cause of the arrest.
Method of Arrest by Private Person
The private person shall inform the person to be arrested of the
intention to arrest him and the cause of the arrest, unless the latter
is either engaged in the commission of an offense, is pursued
immediately after its commission, or has escaped, flees, or forcibly
resists before the person making the arrest has opportunity to so
inform him, or when giving of such information will imperil the
arrest.
Rule 113, Sec. 5 enumerates the instances where a warrantless
arrest may be effected by a peace officer or a private person.
1. Inform the person to be arrested of his intention to arrest
him;
2. That he inform him of the cause of the arrest
Arrest by a Bantay Bayan or Barangay Tanod
In this instance, it is not a citizen’s arrest.
Illegality of Arrest
(a) Invalid warrant of arrest
(b) Invalid warrantless arrest
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RULE 114 - BAIL
Definition
Is the security given for the release of person in custody of the law,
furnished by him or a bondsman, to guarantee his appearance
before any court as required under the conditions hereinafter
specified.
Purpose of Bail
Bail is to relieve the accused of imprisonment and the state of the
burden of keeping him, pending the trial, and at the same time, to
put the accused as much under the power of the court as if he were
in custody of the proper officer.
Bail may only be availed of when there is deprivation of liberty. It
may be availed of even before a complaint or information is filed.
However, when a person is arrested without a warrant, applying for
bail before an inquest is premature, as the inquest would still have
to be conducted.
BAIL IN EXTRADITION PROCEEDINGS
A potential extradite may avail bail upon a clear and convincing
showing of lack of flight risk or danger and of special,
humanitarian, and compelling circumstances.
Constitutional Right to Bail
Under Article III, Sec. 13 of the Constitution:
“The right to bail shall not be impaired even when the privilege of
the writ of habeas corpus is suspended. Excessive bail shall not be
required.”
Bail is the security given for the temporary release of the person
who has been arrested and detained but “whose guilt has not yet
been proven” in court beyond reasonable doubt.
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Conditions of the Bail; Requirements
(a) The undertaking shall be effective upon approval, and
unless cancelled, shall remain in force at all stages of the
case until promulgation of the judgment of the RTC
(b) The accused shall appear before the proper court whenever
required by the court of these Rules
(c) The failure of the accused to appear at the trial without
justification and despite due notice shall be deemed a
waiver of his right to be present thereat. The trial may
proceed in absentia
(d) The bondsman shall surrender the accused to the court for
execution of the final judgment
Conditions of Bail
1. An accused must first sign a written undertaking containing
the conditions of bail he must comply with
2. The original papers must state the accused’s full name and
address, the amount of bail, and the conditions of bail
Trial in Absentia
Requisites:
1. The accused has already been arraigned
2. The accused has been duly notified of the trial
3. The failure of the accused to appear is unjustified.
Duty of the Bondsman
The bondsman is a property owner who offers his/her property as
bond for the conditional release of an accused in a criminal case.
Once bail is assumed, the bondsman becomes in law the jailer of
the accused and is subrogated to all the rights and means which the
government possesses to make his control of him effective.
Amount of Bail
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The amount should be high enough to assure such presence when it
is required but no higher than can be considered reasonable to
fulfill the purpose.
Section 3. No person under detention by legal process shall be
released or transferred except upon order of the court or when he is
admitted to bail.
The power to order the release or transfer of a person under
detention by legal process is vested in the court, not in the
provincial government. An act of another transferring or releasing
an accused without a court order or without bail is usurpation of
the court’s authority.
Section 4. All persons in custody shall be admitted to bail as a
matter of right, with sufficient sureties, or released on recognizance
as prescribed by law before or after conviction of an offense not
punishable by death, reclusion perpetua, or life imprisonment.
KINDS OF BAIL
Matter of Right
MUNICIPAL TRIAL COURTS
Before or after conviction (on appeal).
REGIONAL TRIAL COURT
Those persons in custody before conviction by the RTC of an
offense not punishable by life imprisonment, death, or reclusion
perpetua.
1. Bail in the amount fixed may be filed with court where the
case is pending
2. In the absence or unavailability of the judge thereof, with
any RTC judge MTC judge
3. If the accused is arrested in a province, city, or municipality
other than where the case is pending, bail may be filed with
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any RTC of the place, or if no judge thereof is available,
with MTC judge therein.
Matter of Discretion
Upon conviction by the RTC of an offense not punishable by
death, admission to bail is discretionary. The application for bail
may be filed and acted upon by the trial court despite the filing of a
notice of appeal.
Under this rule, the granting of bail is discretionary upon
conviction by the RTC of an offense not punishable by death,
providing that if the bail imposed is imprisonment exceeding 6
years, there must be no bail-negotiating circumstances.
WHEN APPLICATION FOR BAIL AFTER CONVICTION FOR RTC
BE DENIED
(1) If the penalty imposed is imprisonment exceeding 6 years
(2) Upon showing by the prosecution of the “bail negating
circumstances”
BAIL-NEGATING CIRCUMSTANCES
(1) The accused is a recidivist
(2) The accused is a previous escapee or violated the
conditions of bail without justification
(3) That he committed an offense while under probation
(4) Flight risk
(5) Undue risk that he may commit another crime during
pendency of appeal
N O N -B A I L A B L E O F F E N S E S
Bail may not be available to the following:
(1) Person charged with capital offense or reclusion perpetua
(2) When evidence of guilt is strong
(3) Regardless of the stage of criminal prosecution
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Guidelines issued. Posting of bail is not a waiver of challenging the legality of

(1) Whether a matter or right or discretion, notify the the arrest.
prosecutor if the hearing of the application for bail or Recognizance
require him to submit his recommendation (Section 15)
(2) When a matter of discretion, conduct a hearing of the Mode of securing the release of any person in custody or detention
application for bail to show that the guilt of the accused is for the commission of an offense who is unable to post bail due to
strong for the purpose of enabling the court to exercise its abject poverty.
discretion (Section 7&8) INDIGENT LITIGANT
(3) Decide whether the guilt of the accused is strong
(4) If strong, discharge the accused upon approval of the No hard and fast rule here to determine is one is to be considered
bailbond an indigent.
Nota bene: hearing is mandatory in application for bail in non- RECOGNIZANCE AS A MATTER OF RIGHT
bailable offenses.
When the offense is not punishable by death, reclusion perpetua, or
WHEN BAIL IS NOT REQUIRED life imprisonment.
(a) Upon order of court CUSTODIAN
(b) When the person has been in custody equal to the possible
maximum imprisonment prescribed for the offense (a) A person of good repute
(c) In cases filed with MTC for an offense punishable by less (b) A resident of the barangay where the applicant resides
that 4-2-1 (c) Must not be a relative within the 4 th degree of
(d) If the accused is charges with violation of ordinances, light consanguinity
felony, or the prescribed penalty is not higher than 6 (d) Must belong to any church, academe, social welfare,
months and a fine of 2,000. organization etc. engaged in the rehabilitation of offenders

WHERE SHOULD BAIL BE FILED (S. 17) RULE 115 – RIGHTS OF THE ACCUSED
Matter of right
CUSTODIAL INVESTIGATION
(1) Where the case is pending (same goes for when bail is a
matter of discretion) Miranda Rights
(2) In the absence of the judge, any RTC MTC judge (1) Right to remain silent
(3) May also be filed with MTC judge therein (2) Right to counsel
(3) Right to be informed of those rights
On Bail
An application for admission to bail shall not bar the accused from VIOLATION OF MIRANDA RIGHTS
challenging the validity of his arrest or the legality of the warrant Exclusionary Rule - any admission or confession is inadmissible.

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Right to Counsel
During Custodial Investigation, the right to counsel is waivable in
writing and in presence of a counsel. RULE 116 – ARRAIGNMENT AND PLEA
(1) Out of Court - during arrest and custodial investigation DEFINITION
(2) Trial – from arraignment to promulgation of judgment
The formal mode and manner of implementing the constitutional
Rights of a Person during Custodial Investigation right of the accused to be informed of the nature and cause of the
accusation against him. Its purpose is to apprise the accused why
(1) Right to remain silent
he is being prosecuted by the State.
(2) Right to competent and independent counsel
(3) Right to be informed of such rights HOW IS IT MADE
(4) Rights cannot be waived except in writing and in presence
Shall be made in open court by the Judge by furnishing the accused
of a counsel
with a copy of the complaint or information and asking him
Rights that can be Invoked Anytime whether he pleads guilty or not.
(1) Right against self-incrimination WHAT DOES THE COURT DO WHEN THE ACCUSED REFUSES
Protects a person from testimonial compulsion. TO PLEAD
When the accused refuses to plead, a plea shall be entered for him
DURING TRIAL
(Sec. 1c). When the accused pleads guilty but presents exculpatory
Rights of the Accused during Trial evidence, his plea shall be withdrawn (Sec. 1d).
(1) Presumed innocent until proven guilty beyond reasonable The presence of the accused when pleading is mandatory; he must
doubt personally enter his plea.
(2) To be informed of the nature of the accusation against him
(3) To testify as a witness in his own behalf but subject to REMEDIES BEFORE ARRAIGNMENT
cross-examination (a) Bill of particulars
(4) Right against self-incrimination (b) Motion for suspension
(5) To have compulsory process issued to secure the (c) Motion to quash
attendance of witness in his behalf (d) Question validity or warrant or arrest
(6) To have speedy, impartial, and public trial (e) Modes of discovery
(7) To appeal in all cases allowed and in the manner prescribed
by law Plea to a Lesser Offense
(8) To be present and defend in person and by the counsel at (1) Entering plea on arraignment proper
every stage of the proceedings
(9) To confront and cross-examine the witness against him at REQUISITES:
the trial
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(a) The lesser offense is necessarily included in offense
charged
(b) The plea must be with consent of both offended party
and prosecutor
(2) 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.
(3) After the prosecution rested its case
Plea Bargaining in Drug Cases
RA 9165 – Section 23 – shall not be allowed to avail the provision
plea-bargaining.
PLEA-BARGAINING FRAMEWORK IN DRUG CASES
Plea of Guilty to Non-Capital Offense
In pleas of guilty to non-capital offenses, the reception of evidence
is discretionary in nature as the court is of discretion to allow the
two parties to present their evidence.
Duty Of The Court To Inform Accused Of His Right To
Counsel
One of the rights of the accused is the right to counsel and to be
informed of his rights. Upon the court’s information of the right, if
the accused cannot afford legal counsel, then the court shall
appoint for them a counsel de oficio.
RULE 117 – MOTION TO QUASH
Section 4. Amendment of the complaint or information. — If the
motion to quash is based on an alleged defect of the complaint or
information which can be cured by amendment, the court shall
order that an amendment be made. (4a)
If it is based on the ground that the facts charged do not constitute
an offense, the prosecution shall be given by the court an
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opportunity to correct the defect by amendment. The motion shall
be granted if the prosecution fails to make the amendment, or the
complaint or information still suffers from the same defect despite
the amendment. (n)
When can you file a motion to quash?
At any time before entering a plea or arraignment. It does not
require a leave of court.
However, if you file a leave of court, the trial will continue but
failure to file a demurrer to a leave of court, the accused will not be
allowed to present evidence and be decided upon.
The Court can:
1. Order the amendment of the information
2. Sustain the motion to quash
3. Deny the motion to quash
4.
Section 5. Effect of sustaining the motion to quash. — If the
motion to quash is sustained, the court may order that another
complaint or information be filed except as provided in section 6 of
this rule. If the order is made, the accused, if in custody, shall not
be discharged unless admitted to bail. If no order is made or if
having been made, no new information is filed within the time
specified in the order or within such further time as the court may
allow for good cause, the accused, if in custody, shall be
discharged unless he is also in custody for another charge. (5a)
RULE 118 – PRE-TRIAL
SECTION 1 – MANDATORY IN CRIMINAL
CASES
The court shall, after arraignment and within 30 days from the date
the court acquires jurisdiction over the accused (…), order a pre-
trial conference to consider the following:
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a. Plea bargaining;
b. Stipulation of facts;
c. Marking for identification of evidence of the parties;
d. Waiver of objections to admissibility of evidence;
e. Modification of the order or trial if the accused admits the
charge but interposes a lawful defense; and
f. Such matters as will promote a fair and expeditious trial of
the criminal and civil aspects of the case
PRE-TRIAL
Under the Revised Guidelines, the pre-trial shall be held
immediately after arraignment. The judge shall be the one to ask
questions on issues reused therein and all questions must be
directed towards him to avoid hostility.
(1) PLEA BARGAINING
A process whereby the accused and the prosecution work out a
mutually satisfactory disposition of the case subject to court
approval.
WHEN PROSECUTION AND OFFENDED AGREE TO PLEA
OFFERED BY ACCUSED:
 the court shall issue an order containing the plea arrived at
 receive evidence on the civil aspect
 Render and promulgate judgment (including civil liability
and damages)
WHEN PLEA BARGAINING FAILS
 The court shall adopt minutes of preliminary conference as
part of the pre-trial
 Confirm markings of exhibits
 Define factual and legal issues
 Ask the parties to agree on the specific trial dates
 Require the submission of names, addresses and contact
numbers of the witnesses that need to be summoned by
subpoena
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 Consider modification of order of trial if the accused admits
to charge but interposes legal defense
o If pleads not guilty:
 Negative defense – requires the prosecution
to prove the guilt of the accused beyond
reasonable doubt
 Positive defense – modify the order of trial
and require the accused to prove defense by
clear and convincing evidence.
(2) STIPULATION OF FACTS
PURPOSE
Mainly to simplify, abbreviate and expedite the trial, or to totally
dispense with it.
To expedite trial and to relieve the parties and the court of the costs
of proving facts that will not be disputed in trial and the truth of
which can be ascertained by reasonable inquiry.
NATURE
It is tantamount to a judicial admission by the accused of the facts
stipulated on.
Binding to both parties. Does not require proof and may be
controverted only by a showing it was made through palpable
mistake.
(3) MARKING OF EVIDENCE
Section 35 of Rule 132 of the ROC provides that documentary and
object evidence shall be offered after the presentation of a party’s
testimonial evidence.
IDENTIFICATION OF DOCUMENTARY EVIDENCE VS. FORMAL
OFFER OF EVIDENCE
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Identification of documentary evidence is done in the course of
pre-trial and in trial while formal offers are done only when the
party rests its case.
The offer of evidence, comment, and/or objection is done orally. It
is required that the oral offer is made on the same day after the
presentation of their witnesses and the opposition is required to
interpose of comments or objections immediately. The court shall
make a ruling on the offer in open court.
SECTION 2 – PRE-TRIAL AGREEMENT
All agreements or admissions made during the pre-trial conference
shall be reduced in writing and signed by the accused and counsel,
otherwise, they cannot be used against the accused.
Proceedings shall be recorded, transcripts prepared and minutes
signed by the parties and counsel.
The pretrial must satisfy the following:
1) The agreement or admission must be in writing
2) Must be signed by both the accused and their counsel
ISSUES DISCUSSED IN PRE-TRIAL
1) Adoption of minutes of preliminary conference as part of
the pre-trial proceedings, confirm marking,
2) Scrutinize allegations on information, statements on
affidavits and document, including the following:
a. Identity of the accused
b. Court’s territorial jurisdiction
c. Qualification of expert witnesses
d. Amount of damages
e. Genuineness and due execution of documents
f. Cause of death/injury
g. Adoption of evidence presented during PI
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h. Disclosure of defense’s alibi, insanity, self-defense,
exercise of public authority, and justifying or
exempting circumstances
i. Other matters
3) Define factual and legal issues
4) Ask parties’ agreement on trial dates and court’s flow chart
and time frames
5) Require parties to submit to the COC the names, addresses,
contact numbers of witnesses for subpoena
6) Consider modification of trial if accused admits to charge
but interposes lawful defense
DEPOSITION
Taken before trial. Rules on criminal practice state that when a
person intends to rely on such defense, that person must move for
the taking of the deposition of his witnesses within the time
provided for filing a pre-trial motion.
MOTION TO SUPPRESS
May be filed dining pre-trial. It is a remedy available to an accused
when evidence against him is obtained in violation of Rule 126 of
the Revised Rules of Criminal Procedure, the Anti-Photo and
Video Voyeurism Act of 200, and the Anti-Wiretapping Act, and
the rules of admissibility of evidence.
S E C T I O N 3 – N O N -A P P E A R A N C E A T P R E -T R I A L
CONFERENCE
Under RA 8493, the absence during pre-trial of any witness for the
prosecution listed in the information is not a valid ground for the
dismissal of a criminal case. The court shall proceed with the pre-
trial despite the absence of the accused and/pr private complainant
and the counsel for the accused are present.
If the presence of the accused is required, his absence during the
pre-trial conference is cause for forfeiture of his bond. His
bondsman shall be notified to produce him at a given date and
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time. If he fails to appear in person, his bail shall be forfeited and
the bondsmen given 30 days to produce their principal.
OFFER OF COMPROMISE
May be received in evidence as an implied admission of guilt.
S E C T I O N 4 – P R E -T R I A L O R D E R
PURPOSE
Intended to insure that the parties properly raise all issues
necessary to dispose of a case, except privileged or impeaching
matters.
After the pre-trial conference, the pre-trial order shall recite the
actions taken, the facts stipulated, and evidence marked. It shall
bind the parties, limit the trial to matters not disposed of, and
control the course of action during the trial.
Parties are bound by the delimitation of the issued during the pre-
trial because they themselves agreed to do the same.
RULE 119 – TRIAL
After a plea of not guilty is entered, the accused shall have 15 days
to prepare for trial. The trial shall commence withing 30 days of
receipt of the pre-trial order.
RULE 120 – JUDGMENT
DEFINITION
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.
FORM
Must be written in the official language, personally, and directly
prepared by the judge and signed by him and shall contain clearly
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and distinctly a statement if the facts and the law upon which it is
based.
CONTENTS
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
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.
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.
DECISION/JUDGMENT
Upon the filing of the last pleading, a case or matter is submitted
for decision or resolution.
 A case must be decided within 24 months
 12 months for all lower collegiate courts, 3 months for all
other lower courts
 The general rule – resolution within 90 days from
submission for decision
o Drug cases – 15 days for resolution
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o Environmental – 60 days from last day to file

memoranda
o Intellectual property rights – 90 days from decision
o Criminal cases under summary procedure – 30 days
from hearing
FUNDAMENTAL REQUIREMENTS
 Must be in writing, made in the official language
 Personally and directly prepared by the judge and signed by
him
 Shall contain clearly and distinctly a statement of the facts
and the on which it is based on.
ESSENTIAL PARTS
(1)

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