CRIMINAL PROCEDURE

2. Accusatorial system – the ruling of the judge will depend

GENERAL PRINCIPLES on whatever evidence is presented.

Criminal Procedure – provides for the method or manner by 3. Mixed system

which a person, accused of a crime, is arrested, tried, or
punished. It will tell us the manner on how to prosecute a
person who has committed a crime. JURISDICTION

Criminal Jurisdiction – is necessarily the authority to hear
and try a particular offense and impose the punishment for
it.
Elements of Criminal Jurisdiction:
1. Territorial – refers to the area within the geographical
boundaries of a place, within which a court has jurisdiction
to act judicially and outside of which, its juridical acts are
null and void.
The offense must have been committed, or any of its
essential elements took place, within which a court has
jurisdiction to act judicially and outside of which, its juridical
acts are null and void.
Jurisdiction is determined by the principal penalty. If fine
only, then determined by fine. EXCEPTION: reckless
imprudence resulting in damage to property, where it is
within the jurisdiction of the first level courts regardless of
amount of fine.
Special instances where the law itself provides that such
cases shall be with the RTC:
1. Libel
2. Violation of RA 9165 (Drug courts)
3. Violation of the Omnibus Election Code
4. Within the jurisdiction of the Family Courts
5. Violation of VAWC

VENUE IN CRIMINAL CASES IS JURISDICTIONAL. It cannot be Doctrine of Hierarchy of Courts

waived.
I. Supreme Court
2. Jurisdiction over the subject matter – refers to the • EXCLUSIVE ORIGINAL JURISDICTION
imposable penalty or to the nature of the offense charged o Petitions for Certiorari, Prohibition,
in the complaint or information in accordance with the law Mandamus, where the respondent is the CA
enforced at the time of the filing of the action. and SB.
• CONCURRENT JURISDICTION
This is conferred by law and cannot be waived. It can be o With the CA: Petition for CPM, if RTC.
questioned at any stage of the proceedings or even appeal. o With the CA and RTC: Petition for CPM if
MTC.
Doctrine of Continuing Jurisdiction – once the court • EXCLUSIVE APPELLATE
acquires jurisdiction over the case, jurisdiction stays with o
the court until the termination of the proceedings even if
the law or the rule of jurisdiction is amended.
II. Court of Appeals
3. Jurisdiction over the person of the accused – conferred • EXCLUSIVE ORIGINAL
upon by the court either by voluntary appearance of the o Actions for annulment of judgment of the
accused or by his arrest. Waivable. RTC
• EXCLUSIVE APPELLATE JURISDICTION
Two systems of criminal procedure: o Ordinary appeal – from the RTC
1. Inquisitorial System – the detection and prosecution of o Petition for review – from RTC if appealed
crimes are left ot the initiative of officals and agents of the from MTC
law.

III. Sandiganbayan
Depends on: a) position of the accused in the government;
AND b) the nature of the offense.
a) position of the accused in the government – with a salary
grade of 27 and higher. If lower in rank than Grade 27, you
file the case with the RTC.
b) nature of the offense – must be connected with their
public duties. “Other offenses committed while or in
relation with the performance of his function.”
++ IF THE LAW EXPRESSLY STATES YOU SHOULD BE TRIED
IN THE SANDIGANBAYAN
It does not matter if the prescribed penalty is below six
years as long as it falls under the above.
Cases falling under:
1. Violations of RA 3019 (Anti Graft)
2. RA 1379 (Forfeiture)
3. Direct bribery, etc.
4. Crimes against Public Officers
Positions:
(See notes)
Two classes of public office related crimes:
1. Crimes where the public office is a constituent element
2. Intimately connected – Must include factual allegations
that the crime is committed in relation to the performance
of the public function for the SB to have jurisdiction.
IV. RTC
People v. Yadao
2 of 11 victims were minors. Accused assailed that it should
be tried in a family court. SC says no because the victims are
already dead. Purpose of family court is to protect the
minors.
Garcia v. Drilon
Assailed the constitutionality of VAWC. As it was tried in a
family court, said it should be re-raffled to a regular court.
SC says no because family courts are RTCs still.
V. MTC
RULE 110 – PROSECUTION OF OFFENSES
Sec 1. Institution of criminal actions
a) Where a preliminary investigation is required
If the penalty prescribed by law is 4-2-1 (4 years, 2 months
and 1 day, OR over), or offenses that require preliminary
investigation, the complaint shall be filed with:
1. The prosecutor’s office, or;
2. Other officers who have the power to conduct PI.
PI is mandatory.
If the penalty prescribed is BELOW 4-2-1, file with:
1. The prosecutor’s office;
2. Other offices that conduct PI;
3. MCTC or MTC directly. If MTCC or METC, not
allowed to be filed directly.
Who has the power to conduct PI? (Sec 2, R112)
1. Provincial and city prosecutor’s office
2. Ombudsman’s office
3. COMELEC
4. SEC
Warrantless Arrest
Not entitled to PI, so can be directly filed in court by the
police.
Prescriptive period
Prescriptive period is tolled by the institution of the criminal
action ie. the filing of the case. It is still tolled even if the
court does not have jurisdiction. EXC: when it is provided in
special laws.
Two rulings, filing with the prosecutor:
1. If ordinance, Jadewell case – filing in the prosecutor’s
office does NOT toll the prescriptive period.
2. If under RPC – filing in the prosecutor’s office TOLLS the
prescriptive period, citing Art 91.
If governed by the Rules on Summary Procedure, SC has
two conflicting rulings:
1. Saldivia v. Reyes (2013). The filing of the case before the
prosecutor’s office does NOT stop the running of the
prescriptive period. The offense was violation of an
ordinance.
2. Riodica v. CA, Pp v. Bautista (2007). The filing of the case
before the prosecutor’s office stops the running of the
prescriptive period. The crime is punishable under the RPC.
Katarungang Pambarangay
The case must be referred to the KP otherwise the case will
be dismissed.
Complaint vs. information
If a criminal case is filed in court through a criminal
complaint, the complaint is subscribed and sworn to, and
the signatory is the:
1. Private complainant;
2. Any peace officer;
3. Public officer charged with the enforcement of the law
violated.
If with the office of the ombudsman, file through an
information.
Sec 5.
If there is a private offended party, most likely there is civil
liability. He can file a separate civil action and have a private
prosecutor appear. Private prosecutor asks for a written
authority from the public prosecutor to prosecute the case
alone. It must have the approval of the court and lasts until
the end of the trial, unless the authority is revoked or
otherwise withdrawn.
Ex. Nadunggaban. Ang nadunggaban, pwede mangayo ug
civil liability. Under the rules, the private complainant can
hire a private prosecutor to prosecute the civil aspect of the
case. He will then have two lawyers: the public prosecutor
and the hired lawyer. But he can also have the prosecutor
as his only lawyer and said prosecutor can present evidence
so he could collect civil liability.
If the case is initiated through a complaint, and the fiscal has
not yet appeared, the police can prosecute. If it is filed
through an information, the police cannot prosecute.
Private crimes
Adultery, concubinage: cannot be prosecuted except upon
a complaint filed by the offended spouse.
On libel
Ex. The accused said “kabit ka sa akong bana”, that is
defamatory. If it is written, libel. Considering the crime
imputed is a private crime (concubinage), the rule on the
filing of a private crime will apply. Bisan libel or oral
defamation ang i-file na kaso, the signatory must be hte
offended party. But if the accused said “burikat kang
dako”, the case imputed is prostitution, not a private
crime. That is a public crime. So pwede ra information.
OCA Circular no. 39-22, Clarifying SC Resolution in AM
02-2-07-SC
If a private crime is initiated without the
affidavit/authority of the private offended party, there is a
lack of subject matter over the case.
If private complainant died before the information was
filed in court, but has executed a complaint-affidavit
expressly stating he is filing a case, the case can prosper.
Sufficiency of complaint or information
1. Time
Exact time not needed. Month and year ok, unless it is an
essential element of the crime.
2. Offended party
3. Place
No need to indicate the exact description of the place of the
commission of the crime. Only if it is an essential element.
Place of the commission of the crime determines venue and
jurisdiction. Case must be filed with the court which has
jurisdiction over the crime.
EXC: in the interest of justice ex. Maguindanao Massacre.
Only Supreme Court can order.
4. Accused
If unknown, it is sufficient that he can be identified. A mere
“John Doe” without description to identify him is not
sufficient for a warrant of arrest. If his true name is later
known, the information may be amended.
5. Designation of the offense
There must be a particular section or paragraph.
6. Acts or omissions complained of
Not conclusions of law. Acts or omissions that constitute the
crime or offense charged. All the elements of the crime
must be alleged in the information.
If information does not allege the aggravating circumstance
in the information, but presents it in court, can do so to
collect moral damages.
If an offense is committed by more than one person, it is not
necessary that ALL are included in the complaint or
information. That is the discretion of the prosecutor. Non-
inclusion of some of the accused is not a ground for
dismissal. (Tan v. Sandiganbayan)
Do not include mitigating circumstance in information.
EXC: Minority, since it will affect the jurisdiction of the court.
Sec 13.
A complaint or information must charge only ONE OFFENSE.
EXC: When these crimes prescribe only one penalty or are
provided with only one penalty by law.
If the information charges with more than one offense =
motion to quash. If don’t MTQ, considered waived and
accused can be convicted of as many charges as alleged and
proved.
Ex. Accused was charged with 10 counts of BP 22. All these
checks were dishonored. One check is one case. Only in
one information. Recommended only one fine. Filed for a
motion to quash. Granted, because one offense should
allege only one information. Refiled but now 10 counts of
BP 22. Even if the accused in that case did not file a MTQ,
the information charged more than one crime in one
information, can still be liable for all 10 counts.
In order to convict, the crime must be ALLEGED and
PROVED.
If alleged, but not proved = ACQUIT
If proved, but not alleged = ACQUIT
Sec 14.
If homicide -> murder = AMENDMENT
If murder -> homicide = AMENDMENT
If theft -> estafa = SUBSTITUTION
If murder -> murder = AMENDMENT
Rules!
When the crime charged in the new information is the SAME
CHARGE or is a NEW CHARGE RELATED TO THE ORIG
CHARGE = Amendment
When the crime charged NECESSARILY INCLUDES THE OLD
CHARGE or is NECESSARILY INCLUDED IN THE OLD CHARGE
= Amendment
When the crime charged is ENTIRELY DIFFERENT from the
new charge = Substitution
AMENDMENT
Formal amendment – when it does not charge another
offense different from the original charge, or amendments
that do not alter the prosecution’s theory in the case that
will surprise the accused and will affect his defense or will
assume.
It is formal when:
1. It changes the name of the accused.
2. Does not involve a change in the basic theory of the
prosecution.
3. It does not later the nature of the offense charged.
4. It was amended to allege recidivism/habitual
delinquency.
Amendment from frustrated murder to murder to the
supervening event of the death of the victim is merely
FORMAL.
Substantial amendment – when the accused is charged by a
more serious offense and all the elements of hte seirous
offense are present at the time when the information
charging the lesser offense was filed.
When substantial amendment is allowed, the accused is
entitled to preliminary investigation. EXC: When the
amended charge is related or is included in the original
charge.
Amendment vs. Substitution
Amendment can be formal or substantial, S is always
substantial. Amendment can be made without leave of
court if the same is made before arraignment. S always
requires leave of court because the original information
must be dismissed. In A, there is no need for another PI if
the amendment is merely formal. In S, always requires
another PI and the accused has ot be arraigned again. A
refers to the same offense charged in the information or to
an offense which is necessarily included or necessarily
includes the original charge.
Formal vs. Substantial
Whenever there is F, PI is not required. In S, PI is required.
Whether F or S, the same is a matter of right before
arraignment. After arraignment, only F is allowed and must
be done with leave of court.
Three requirements to downgrade a charge:
1. There must be leave of court
2. Notice to the offended party
3. Motion for leave to amend the information or criminal
complaint
Substitution
When to avail? When the charge is completely incorrect.
The information charging the wrong crime must be
dismissed or withdrawn or withdrawn so a new charge can
be filed with a new information.
GR: Substantial amendment can’t be allowed after
arraignment.
EXC: If there is supervening event.
Sec 15. Place where action is to be instituted
GR:
1. Where the offense was committed, or
2. Where any of its essential ingredients occurred.
EXC:
(See law)
RULE 111 – PROSECUTION OF CIVIL ACTION
Refers to civil liability arising from the offense charged. It is
deemed instituted with the criminal action, unless the
offended party:
1. Waives the civil action
2. Reserves the right to institute it separately
3. Institutes the civil action prior to the criminal action.
Reservation – made before the prosecution starts
presenting his evidence.
Instances where you cannot file a reservation as regards to
the civil liability:
1. Violation of BP 22.
2. Committed by public officers in relation to their public
duties.
Independent civil action:
Art 32
Art 33
Art 34
Art 2176
NO COUNTERCLAIMS but can file a separative civil action.
Extinction of the criminal action does NOT carry with it the
dismissal of the civil action:
1. Where acquittal is based on reasonable doubt.
2. Where the court declares that the liability of the accused
is only civil in nature.
3. When the civil liability of the accused does not arise from
or is not based on the crime of which the accused was
acquitted.
Dismissal of criminal action carries with it the dismissal of
the civil action:
1. If there is a finding on the final judgment on the criminal
action that the act or omission from which the civil liability
may arise did not exist;
2. Where the accused did not commit the act or omission
imputed to him.
Sec 4. Effect of Death
1. Death before arraignment
Criminal – Dismiss.
Civil – Survives. Sue estate whether the civil liability of the
accused arises out of the crime or not.
2. After arraignment, during the pendency of the criminal
action (can include appeal)
Criminal – Extinguish.
Civil – Extinguish liability arising from the crime BUT
independent civil action may be continued against the
estate or legal representative of the accused after
substitution.
3. Died after decision was final and executory
Criminal – Extinguish.
Civil – Not affected. Civil liability shall be filed in a separate
case against his estate.
4. Under BP 22
No need to file a separate case against his estate, it shall be
enforced against her estate. Case shall continue but only as
regards the civil liability of the accused.
Prejudicial Question
a) The previously instituted civil action involves an issue
similar or intimately related to the issue raised in the
subsequent criminal action.
b) The resolution of such issue determines whether or not
the criminal action may proceed.
If it will not affect the guilt or innocence of the accused =
not a prejudicial question. If civil case is filed AFTER = not
PQ.
RULE 112 – PRELIMINARY INVESTIGATION
Requires preliminary investigation if the crime has an
imposable penalty of at least 4 years, 2 months, and 1 day.
Only two questions:
1. Is there a crime committed? and
2. Is the respondent probably guilty thereof?
Sec 2.
Where to file?
a) Provincial or City Prosecutors and their assistants
b) National and Regional State Prosecutors
c) Other officers as may be authorized by law
1. Ombudsman
• All cases cognizable by Sandiganbayan.
• Cognizable in MTC/RTC committed by public
officers – concurrent with DOJ.
2. COMELEC
• Violations of Omnibus Election Code – shared with
DOJ.
3. SEC
• Violations of Corporation Code
Procedure
Resolution
Remedy of the aggrieved party from the resolution of the
prosecutor:
a) If resolution is for filing or he finds probable cause,
respondent files Motion for Reconsideration within 10 days.
If denied, he appeals to DOJ Secretary.
b) If the resolution is for dismissal, complainant appeals to
DOJ and can refile the case.
FILING OF THE CASE. The filing of the case in court does not
prevent the DOJ Secretary from reviewing the resolution in
the prosecutor’s office. The appeal, however, should be
filed before arraignment.
ARRAIGNMENT. Accused should ask the court to suspend
the arraignment because he intends to file an appeal.
Cannot exceed 60 days. If already lapsed and DOJ Secretary
has not issued a resolution, accused is appealed. This would
not prevent the DOJ Sec to exercise his review powers.
DOJ SECRETARY:
a) if he affirms the resolution of the Prosecutor = accused
files a petition for certiorari before the CA if the crime is not
punishable by Life Imprisonment, Reclusion Perpetua, or
Death.
b) If the DOJ Sec’s resolution is for dismissal, DOJ shall
instruct the Prosecutor to file a Motion to Withdraw the
Information to dismiss the case.
COURT. The court does not automatically grant the motion
to withdraw as the same is not binding upon the court. The
Court is mandated to conduct an independent assessment
on the evidence on record to determine whether the
motion to dismiss is meritorious. Once a case is filed in
court, its disposition entirely rests on the discretion of the
court.
! of cases may be invoked before any tribunal whether
Crispo v. Mogul
Court conducts an independent assessment based on the
evidence on record such as the affidavit of hte witnesses to
determine whether or not the motion to dismiss is
meritorious. If after conducting an independent
assessment, the court finds there is sufficient evidence to
continue, the court shall deny the motion. If the court finds
there is no sufficient evidence to go on with the case, the
court shall grant the motion.
Cerezo v. People
Judge failed to make an independent evaluation or
assessment of the merits of the case. The RTC judge blindly
relied on the manifestation and recommendation of the
prosecutor when he should have been more circumspect
and judicious in resolving the Motion to Dismiss and
Withdraw Information especially so when the prosecution
appeared to be uncertain, undecided, and irresolute on
whether to indict respondents.
OMBUDSMAN. If administrative case, the Ombudsman
renders a decision. If criminal case, the final adjudication is
with the court. Ombudsman only recommends the filing of
case.
If the decision of the Ombudsman is for conviction, penalty
is over 1 month to dismissal. REMEDY: R43, Petition for
Review.
Length of PI
60-90 days. 10 days subpoena, answer or counteraffidavit is
filed or, 10 days to resolve, forwarded to head who has 10
days to approve or disapprove the resolution.
If it is PI that takes long = dismiss on the ground of DENIAL
OF RIGHT TO SPEEDY DISPOSITION OF THE CASE.
Doctrine of Inordinate Delay
Denial of his right to speedy disposition of his case.
The fact-finding process is NOT included in the computing of
the length of preliminary investigation.
Cagang v. Sandiganbayan (Leonen case!)
The right to speedy trial may only be invoked in criminal
prosecution against courts. The right to speedy disposition
judicial or quasi-judicial. If such right is invoked within the
periods contained in SC Resolutions/Circulars, and the
periods that will be promulgated by the Ombudsman, the
defense has the burden of proving that his right was
violated. If the right is invoked beyond the periods, the
prosecution has the burden of proving. The period taken for
fact-finding shall not be included in the determination of
inordinate delay. Considering fact-finding is not adversarial
against the accused, the period of fact-finding? will not be
counted. What may be considered reasonable time to
resolve a proceeding is not determined by mere
mathematical reckoning. Sometimes they need sufficient
time to investigate. The timely invocation of the accused’s -
_ right must be examined on a case-to-case basis.
To invoke such defense, delay must not be attributable to
the defense.
MANDAMUS. Can the prosecutor be compelled to file a case
in court? No. Remedy is to gather more evidence then refile
the case. BUT mandamus can prosper if there is grave abuse
of discretion. Can also file mandamus to act on the case.
INJUNCTION OR PROHIBITION. Cannot lie against the
prosecutor if he finds sufficient evidence constituting
probable cause. EXC: When there is double jeopardy.

Sec 5.
Judge shall personally examine or evaluate the resolution of
the prosecutor and its supporting evidence.
When? Within 10 days from the filing of the complaint or
information.
Probable cause in prosecutor’s office = for the purpose of
filing a case in court. Proceedings conducted by prosecutor
for probable cause is preliminary investigation.
Probable cause in court = for the purpose of issuing a
warrant of arrest. Judge is conducting preliminary
examination.
Judge has three options:
1. If he finds probable cause, he shall issue warrant of arrest.
2. If he does not find probable cause, dismiss the case.
3. In case of doubt, he can order the prosecutor to present
additional evidence within 5 days from notice, and the issue
must be resolved by the court within 30 days from the filing
of the information.
Judge does not need to examine witnesses personally. What
is needed is the exclusive and personal responsibility of the
issuing judge in determining probable cause.
Hearing is not necessary.
Mino v. Navarro Aug 28, 2007
Prosecutor’s office filed a case for attempted homicide with
the MTC. Judge examined the resolution and the supporting
evidence. Judge has the opinion that the crime committed
is not attempted homicide but merely grave threats. He
issued an order directing the prosecution to amend the
information. City prosecutor did not comply with the order.
SC says that when an information is filed in court, the judge
has only THREE OPTIONS (see above). To file an amended
information is not one of them.
COURT DISMISSES CASE (during examination). Remedy of
prosecution = refile the case.
! Remedy if beyond detention = habeas corpus.
People v. Lim Sept 4, 2018
Has relation to the compliance of the arresting officers… The
SC said that the arresting officers shall state in their affidavit
their compliance with Sec 21 of RA 9165. In case of
noncompliance, shall state justifying reasons… If not
complied with, the investigating prosecutor shall not
immediately file the case but shall refer the case to PI to
determine probable cause. If the prosecutor files the case
in court despite noncompliance, court has discretion to
dismiss the case due to lack of probable cause or refuse to
issue commitment order. Does not apply to cases filed
before this case.
MTC/MCTC. NO PI. Judge is required to conduct personal
examination on the prosecution’s witnesses to determine
existence of probable cause.
Issuance of warrant of arrest is not necessary when:
1. Already under arrest without warrant.
2. Penalty is only fine.
3. Falls under the Rules of Summary Procedure
But may issue a warrant of arrest if the accused fails to
appear in court when required.
Sec 6. Warrantless Arrest
The arrested person is not entitled to a Preliminary
Investigation, but he is subject to INQUEST PROCEEDINGS.
Inquest proceeding – A summary and informal inquiry to
determine whether the warrantless arrest was valid or was
based on probable cause.
a) If arrest is valid - he makes a resolution and information
then file it with the court.
b) If arrest is not valid - order the release of the accused and
subject the case to regular preliminary investigation.
If no prosecutor:
1. Release the accused
2. File directly with proper court (complaint)
After PI –
a) Resolution is for filing – file information in court.
Absence or defect of PI is not a ground for dismissal or
quash.
Can the private complainant ask for PI where the accused People v. Mingote
was subject to inquest proceedings? Yes, through the public
prosecutor. Malacat v. CA

Can the accused question his arrest considering he has been US v. Samonte
arraigned? Yes, IF he has not voluntarily appeared before
the court. People v. Socro

GR: Accused was lawfully arrested without a warrant = not
entitled to preliminary investigation.
EXC: Waiver of Art 125 of RPC. TN: This does not give the
state the right to detain a person indefinitely, cannot go
beyond 15 days.
If beyond detention period = habeas corpus.
Absence or defect of PI
Not a ground to dismiss/quash.
RULE 113 – ARREST
1. For the court to acquire jurisdiction over his person
2. For the accused to answer the crime charged
People v. Aminudin
In the case at bar, the accused-appellant was not, at the
moment of his arrest, committing a crime nor was it shown
that he was about to do so or that he had just done so. What
he was doing was descending the gangplank of the M/V
Wilcon 9 and there was no outward indication that called
for his arrest. To all appearances, he was like any of the
other passengers innocently disembarking from the vessel.
It was only when the informer pointed to him as the carrier
of the marijuana that he suddenly became suspect and so
subject to apprehension. It was the furtive finger that
triggered his arrest. The Identification by the informer was
the probable cause as determined by the officers (and not a
judge) that authorized them to pounce upon Aminnudin and
immediately arrest him.
Padilla v. CA

Who executes warrant of arrest?

Any law enforcer.
b) Hot pursuit
Lifetime of a warrant of arrest?
Remains effective until it is executed or until it is set aside Requisites:
by the court. 1. An offense has just been committed
2. That the person making the arrest has probable cause
Lifetime of a search warrant? based on personal knowledge of facts and circumstances
10 days. that would lead him to believe that the person to be
arrested has committed the crime. Probable cause is re:
Sec 5 person to be arrested.

When warrant of arrest is lawful: How does he acquire probable cause/personal knowledge?
a) In flagrante delicto By conducting an initial investigation on the facts and
circumstances of the reported crime which has just been
Requisites: committed.
1. There must be an overt act
2. The overt act must constitute a crime Search incidental to a lawful arrest
3. That such act was done in the presence of or within the After a valid warrantless arrest, search incidental to a lawful
view of the arresting officer. arrest may be conducted. There must be a lawful arrest
preceding the search.
Search is not limited to the body but also the place within
his immediate control.
Consequence of an invalid arrest
1. Search incidental to such arrest would be invalid.
2. Court cannot acquire jurisdiction over the person.
3. Arresting officer can be held criminally, administratively,
or civilly liable.
Sec 2. Conditions of Bail
(a) The undertaking shall be effective upon approval,
and unless cancelled, shall remain in force at all
stages of the case until promulgation of the judgment
of the Regional Trial Court, irrespective of whether
the case was originally filed in or appealed to it;

c) Escapee (b) The accused shall appear before the proper court
whenever required by the court of these Rules;
RULE 114 – BAIL
(c) The failure of the accused to appear at the trial
Before a person is granted bail, he must first be under the
custody of the law – either he is detained or has without justification and despite due notice shall be
surrendered himself to the court. deemed a waiver of his right to be present thereat. In
such case, the trial may proceed in absentia; and
It is not necessary the court acquire jurisdiction over the
person to give him relief. Trial in absentia cannot be done without the arraignment of
the accused.
Forms of bail
1. Cash deposit
2. Corporate surety (d) The bondsman shall surrender the accused to the
3. Property bond court for execution of the final judgment.
4. Recognizance

Deportation proceedings against an alien When is bail a matter of right

Bureau of Immigration and Deportation commissioner has
the discretion to grant bail. The courts of justice do not have
any power to grant bail.
Extradition proceedings
The one subject to extradition proceedings may apply for
bail.
Military
Not available to military charged under the Articles of War.
Hold Departure Order
RTC has exclusive power to issue an HDO. There is no law
providing for the authority of the DOJ to curtail the right to
travel.
Precautionary Hold Departure Order
Not automatic! There must be probable cause.
1. Before and after conviction in the MTC
2. Before conviction by the RTC of a crime which is not
punishable by death, life imprisonment, or reclusion
perpetua
3. Before conviction by the RTC of a crime punishable by d,
li, rp, where the evidence of guilt is not strong
When is bail a matter of discretion
1. After conviction by the RTC of an offense where the
penalty imposed is not death, life imprisonment, or
reclusion perpetua
When is bail is not required
1. Summary procedure
2. Fine only
3. Judge believes no need to issue a warrant
4. Detained for equal to or more than the maximum of the
prescribed penalty. If penalty is destierro – 30 days.
When should bail be denied
1. Before conviction of RTC, offense punishable by D, RP, LS,
and evidence of guilt is strong
2. After conviction of RTC, imposed penalty is D, RP, LS
3. Penalty imposed exceeds 6 years but not more than 20
years, if there is a showing of the following circumstances:
a. Recidivist, quasi-recidivist, or habitual delinquent,
or has committed reiteration;
b. Previously escaped
c. Under probation, parole, conditional pardon
d. Flight risk
e. Tendency to commit another crime
Basis for bail is PRESCRIBED PENALTY.
Motion to fix bail
If bail is not a matter of right. Hearing is mandatory.
Where to post bail
With the court or branch where the case is pending. If the
judge is not available, by any judge with any court in the
same territorial jurisdiction.
If arrested in another region, can post bail only in the RTC,
even if case is pending in the MTC. If the place does not have
RTC judge and only MTC, can approve bail in MTC.
If on appeal, post bail with the appellate court.
Petition to post bail
If detained after signing waiver of Art 125.
Increase or reduction of bail
Forfeiture of bond
If accused fails to appear, the bail shall be cancelled and
forfeited.
Merely interlocutory because the court still has to require
the bondsman to produce the body of the court and shall
explain why judgment shall not be rendered against him.
Steps:
1. Issuance of forfeiture order
2. Making of the judgment on the bond
Accused is acquitted or convicted
Bail shall be automatically cancelled. If there is penalty of
fine, bail shall be applied to the fine and costs while the
excess shall be returned.
If accused fails to appear, bondsman shall:
1. Given 30 days within which to produce the principal;
2. To show cause why no judgment shall be rendered
against him
Right to bail shall not be suspended even if the privilege of
the writ of habeas corpus is suspended.
In warrantless arrest
Posting of bail shall not be considered a waiver to question
the regularity of the preliminary investigation or the
absence of the same.
RULE 115 – RIGHTS OF THE ACCUSED
(*) Non-waivable
*(a) To be presumed innocent until the contrary is proved
beyond reasonable doubt
To overcome such presumption, need proof beyond
reasonable doubt.
*(b) To be informed of the nature and cause of accusation
against him
All the elements of the crime must be alleged in the
information or complaint.
The information must be read to him in the dialect or
language that is understood by the accused.
(c) To be present and defend in person…
Waivable! Accused can waive his right to be present EXCEPT
when his presence is required. If accused has jumped bail or
escaped from detention, he waives his right.
Requisites for trial in absentia:
1. Accused has been arraigned.
2. He has been duly notified for trial.
3. His absence is unjustifiable.
Accused can defend himself without a lawyer but the court
should see to it that he can adequately defend himself.
(d) Testify as a witness…
Accused has the right not to take the witness stand as part
of his right against self-incrimination. Cross-examination is
only limited to those covered during direct examination.
An ordinary witness cannot refuse to take the witness stand.
(e) Self-incrimination
Only limited to testimonial compulsion. Purely mechanical
acts are not included.
People v. Dela Cruz
Compulsory drug tests can only be done against a person
arrested for violating RA 9165.
Beltran v. Samson
If case is falsification, and he takes the witness stand, can be
compelled to give a sample of his handwriting.
(f) Confront and cross-examine witnesses
GR: A witness who was not subjected to cross, his testimony
shall be deleted from the record.
Where a witness has testified in a case (judicial or
administrative), involving the same parties and subject
matter, and the adverse party was given the opportunity to
cross-examine him in that same proceeding, and the
witness is no longer available, the testimony given in that
case may be adopted in the new case.
(g) Compulsory process issued to secure the attendance…
People v. Montejo
Viatory rights not available to a witness in a criminal case.
(h) Right to speedy, impartial, and public trial
Ex. Mapasamano Massacre
In-court identification
If the prosecution cannot let the witness identify the
accused, it led to the accused’s acquittal.
(i) To appeal in all cases allowed
RULE 117 – MOTION TO QUASH
When to move for motion to quash?
Any time before arraignment.
Requirements:
1. in writing
2. Signed by the accused or his counsel
3. Shall specify the factual and legal grounds for the motion
MTQ is a litigious motion. Notice of hearing + 3 day notice
rule is necessary.
The court cannot motu proprio quash an information EXC
on the ground of lack of jurisdiction over the offense
charged.
(a) Do not constitute an offense
(b) No jurisdiction over the offense charged
(c) No jurisdiction over the person
Voluntary appearance
GR: Filing a motion asking for affirmative action will result in
the court having jurisdiction over the person.
EXC: If (1) filing a motion to quash on the ground of lack of
jurisdiction over his person, or (2) over the defendant in civil
cases, or (3) on the ground of lack of warrant of arrest.
(d) The officer who filed the information had no authority
to do so
People v. Garfin March 29, 2004
Information was not approved by city/regional prosecutor
but directly filed to the court. Investigating officer has no
authority to file a case in court without the approval of the
city/regional prosecutor. Accused was arraigned. Accused
filed a MTQ over the case, arguing that the officer who filed
the same did not have authority to do so. Prosec argued the
ground was deemed waived. SC says NOT deemed waived
even if not raised before arraignment. While a court may
have jurisdiction over the subject matter, it does not acquire
jurisdiction over the case itself until jurisdiction is invoked
by the filing of information in court.
(e) Does not conform substantially to form
(f) Charges more than one offense
An information should only allege one crime or offense. But
the accused can be convicted of as many crimes as are
alleged and proved.
(g) Crime has been extinguished
(h) Contains averments…
Refers to justifying or exempting circumstances.
(i) Double Jeopardy
(+) Noncompliance with Katarungang Pambarangay
Sec 7. Double Jeopardy
Requisites:
1. The first jeopardy attached prior to the second jeopardy.
2. The first jeopardy has been validly terminated.
3. The second jeopardy is for the same offense as the first
jeopardy.
Elements of the first jeopardy:
1. There must be a valid information or complaint.
2. Must be filed with a competent court.
3. Court must have jurisdiction over the offense charged.
4. The accused must already be arraigned.
5. Accused is acquitted, convicted, or the case was
dismissed without express consent of the accused.
If all the elements are present, accused cannot be charged
for the same crime, which includes any offense which is
necessarily included in or necessarily includes the offense
charged.
If an act is penalized in the RPC and also penalized under a
special law, there can be no double jeopardy.
Ex. Issuing a bouncing check simultaneous with the
incurring of obligation of the accused. Estafa and violation
of BP 22.
Ex. If a minor is raped, can be charged under RPC or RA
7610. If under RPC, accused can no longer be charged
under 7610. BUT! People v. Udang. Charging under RPC
AND RA 7610 does not constitute double jeopardy.
Ivler v. San Pedro
Reckless imprudence under Art 365 of RPC is considered as
a single quasi delict such that there should only be one
information to be filed against the accused.
Res judicata in prison grey
AKA Double Jeopardy
EXC to double jeopardy: (Sec 7, 8)
(a) Supervening events/facts
(b) Facts constituting the graver offense was discovered or
became known only after a plea was entered
(c) Plea of guilt to the lesser offense was made without the
consent of the prosecutor and of the offended party
If a MTQ is filed by the accused, the court has ONLY three
options:
1. Grant
2. Deny
3. Amend
Remedy of prosecution, if MTQ is granted:
1. Refile
2. Appeal
3. Petition for Certiorari
Remedy of accused, if MTQ is denied:
1. Go to trial and include ground as affirmative defense
2. Appeal
3. Petition for certiorari and/or prohibition
Sec 8. Provisional Dismissal
Must be made with the express consent of the accused.
Time-bar rule
The counting of the 1 year or 2year mark shall start from the
date the prosecutor received a copy of the order of
provisional dismissal. Only applies to cases provisionally
dismissed.
1 year = punishable by imprisonment not exceeding 6 years
or a fine of any amount, or both
2 years = punishable by imprisonment exceeding 6 years
After 1 or 2 years: dismissal will be permanent. No need for
another order that the provisional dismissal has become
permanent. AUTOMATIC.
RULE 116 – ARRAIGNMENT AND PLEA
Arraignment is the reading of the information of the
accused in the language known to him. Accused should be
present and personally enter his plea.
Four things the court should do before arraignment if the
accused would come to court without any counsel:
1. The court should inform the accused he has the right to
counsel.
2. Ask if he intends to hire a lawyer.
3. If he affirms, give reasonable time to hire a lawyer.
4. If he affirms he wants a lawyer but cannot afford one,
assign him a counsel de officio.
People v. Balisacan, Aug 31, 1966
Plead guilty. Asked to prove mitigating circumstance of
voluntary surrender. In the course of presentation of
evidence, the court finds that the killing was done in self-
defense. The court rendered a decision acquitting the
accused. Is the decision of the court correct? No. Grave
abuse of discretion. It did not give opportunity to the
prosecution to present evidence, but acquitted the
accused entirely by the evidence presented by the
accused. The court should have withdrawn his earlier plead
of guilty and replaced with a plea of not guilty, and allowed
the prosecution to present his evidence. (Reverse trial!)
The conviction of the accused does not automatically follow
if he pleads guilty.
NO ARRAIGNMENT IN ABSENTIA. EXC: Environmental cases.
A plea of NOT GUILTY should be entered in the following
instances:
1. When the accused pleads not guilty/expressly says so.
2. When the accused refuses to enter a plea.
3. When the accused makes a conditional plea of guilty.
4. When he pleads guilty but raises justifying circumstances
or exculpatory circumstances.
5. When the plea of the accused is ambiguous.
Plea bargaining
Accused pleads guilty to a lesser offense related to the crime
charged.
When? During arraignment, pretrial, or any time before the
prosecution present his evidence.
Private complainant should be notified, but not mandatory
to appear.
Requisites of a valid plea bargaining:
1. Consent of the accused
2. Consent of the private offended party, if any
3. Consent of the public prosecutor
4. Approval of the court
Accused should be arraigned within 10 days if the accused
is arrested with warrant.
Counsel de officio
Appointment of PAO lawyer is in order even if the accused
has the capacity to hire his own lawyer, if he refuses to do
so.
Sec 9. Bill of Particulars
Suspension of Arraignment
1. Accused is suffering from unsound mind
2. When there is prejudicial question
3. Due to a pending appeal with the DOJ or Office of the
President.
Suspension shall not exceed 60 days.
RULE 118 – PRETRIAL
Appearance of parties during pretrial is not mandatory. But
they should be notified.
To be binding against the parties, admissions made during Sec. 12, 13, 15. Conditional examination
pretrial must be:
1. Reduced into writing;
2. Signed by the accused and his counsel. Grounds for; for the accused
1. Witness is sick or infirm
2. Witness resides more than 100m from place of trial and
RULE 119 – TRIAL has no way to attend the same
3. Other similar circumstances
Trial should be terminated within 180 days.
Grounds for; for the prosecution
Dismissal, when is there double jeopardy, even if with the 1. Illness
consent of the accused: 2. Witness has to leave the Philippines with no definite date
1. When the motion to dismiss is based on the denial of the of returning
accused to speedy trial/disposition.
2. When the dismissal is based on demurrer to evidence Where?
filed by the accused. (Sec 12 – for accused) Taken by the judge or a member of
the bar in good standing.
Factors to be considered if right to speedy trial is violated:
1. Length of delay (Sec 15 – for prosec) Before the judge who is hearing the
2. Reason for delay case in the same court where the case is pending.
3. Accused’s assertion of his right to speedy trial
4. Prejudiced by the accused
Discharge of an accused from the charge
If motion to dismiss on the ground of right to speedy trial is
granted by the court, double jeopardy sets in. T/N: The prosecution has the discretion to choose who he
will charge in the information.

Presentation of evidence Two ways to exclude a person who has participated in the
commission of a crime:
PROSECUTION. Present evidence to establish the crime 1. DOJ or Ombudsman can exclude a person to be used as a
charged and civil liability. state witness. Only to grave offenses. State witness is
granted immunity from suit.
ACCUSED. May waive his right to present evidence.
See: RA 9165, RA 6981
REBUTTAL. Discretionary. Purpose is to refute the evidence
of the accused. Before arraignment. Amendment of the information to
exclude accused, on the discretion of the prosecutor.
ALIBI. That the accused was not present at the crime scene.
Requisites:
SUR-REBUTTAL. Evidence of the accused to refute the a) Leave of court
rebuttal. b) Notice to the offended party

Reverse trial 2. Rule 119, Sec 17. Accused is arraigned and one of them
Order of trial shall be reversed when the accused shall raise will be discharged so that they will be utilized as state
an affirmative defense of justifying or exempting witness.
circumstance.
Requisites: When to file for leave?
a) Upon motion of the prosecution (Motion to discharge) Within 5 days after prosecution has rested its case. Once
b) Before resting its case filed and granted, the accused has 10 days to file the
c) Attached to the motion is the affidavit of confession of demurrer to evidence itself.
the accused to be discharged
When to file for demurrer without leave?
Why affidavit? Because he must not appear to be the most After the prosecution has rested its case. Prosecution has
guilty. filed its formal offer of exhibits AND the court has ruled on
it.
Must be availed: (a) any time AFTER ARRAIGNMENT, and (b)
BEFORE the prosecution rests its case. Can be:
a) Without leave of court
*judge ang magbuot If demurrer is denied = waive right to present evidence.
INCLUDING CIVIL ASPECT.
Qualification of a state witness:
a) absolute necessity b) With leave of court
b) no other direct evidence If demurrer is denied = proceed to trial.
c) substantially corroborated If demurrer is granted = acquittal, dismissal on the merits.
d) does not appear to be the most guilty
e) not convicted – moral turpitude Remedy if granted = Rule 65, Petition for Certiorari.

*Requires hearing on the motion.

If motion to discharge is DENIED by the court = affidavit of RULE 120

confession cannot be used as evidence against him but he
shall be tried with the other accused. Judgment
The adjudication of the court if the accused is guilty or not
If reneged on his promise = affidavit can be used against for the offense charged.
him.
vs. Decision
Effect of evidence produced during the hearing for the Judgment refers to the dispositive portion. Decision refers
discharge = automatically forms part of the trial as evidence. to the entire document.

If accused is discharged as state witness = amounts to an Requisites:

acquittal. 1. Written in the official language
2. Personally and directly prepared by the judge and signed
If accused is NOT discharged as state witness = remains an by him
accused and can be liable if found guilty. 3. Contains the facts and the law upon which it is based

If not qualified as state witness, but trial court approved the If for conviction, shall state the:
motion to discharge = petition for certiorari. 1. legal qualifications of the offense
2. their degree of participation
Sec 22. 3. the penal/civil liability
Discretionary to consolidate trials/cases.
If for acquittal, shall state:
Sec 23. Demurrer to evidence 1. that the prosecution has absolutely failed to prosecute
Actually a motion to dismiss on the ground of insufficiency beyond reasonable doubt
of evidence. Ie. Motion to Acquit.
Allege and prove
The crimes must be alleged and proved. If there are two or
more crimes alleged in the information, the accused can be
convicted of as many crimes as alleged and proved.
Judge - promulgation
Must be promulgated during the incumbency of the judge
who prepared and signed the information.
If judge who made the decision and signed on it died, the
judgment automatically becomes VOID.
If judge was retired or dismissed from service = VOID.
If judge who tried and heard the case is not the same as who
made the decision = decision VALID.
Variance
Difference between the crime proved and the crime
charged (related) = lesser crime.
Crime proved is entirely different from the crime charged =
cannot be convicted of either. Dismiss the case, order to file
the proper crime.
Pp v. Pareja
Accused was charged with rape by carnal knowledge, what
was proved was rape by sexual assault. SC says that they are
entirely different since they have different elements.
Sec 6.
Judgment is promulgated in the presence of the accused
and any judge. Judge must be in INCUMBENT.
Criminal case:
1. Filing of the decision of the judge with the clerk of court
2. Reading of the decision in open court
Civil case:
1. Receiving of the promulgation by the clerk of court.
Presence of accused is required!
EXC:
1. When he is acquitted
2. When he is convicted of a light offense, then there could
be a promulgation by proxy.
3. Trial in absentia and accused failed to appear despite due
notice.
If accused is duly notified and failed to appear:
- promulgation shall push through. (1) Record promulgation
in criminal docket and (2) send a copy of the promulgation
to the accused or his counsel.
If he is absent and faiiure to appear was without justifiable
cause: cannot avail of the remedies by the Rules of Court
granted to him (MR, appeal, etc.).
Remedy to above:
1. Motion for leave to avail of remedies
2. In his motion, allege valid reasons for his absence
3. Considering there is a warrant of arrest issued against
him, he should surrender himself to the court or the proper
authorities.
If counsel is absent = VALID IF! He was duly notified.
If public prosecutor is absent = VOID EXC: if he was notified.
If accused jumps bail = loses his standing in court.
Different venue
If accused was confined in another province = Executive
judge of the RTC who has jurisdiction over the place he is
detained shall promulgate the decision. The same judge will
accept the appeal or bail bond.
Sec 7.
Judgment (of conviction) becomes final:
1. After the lapse of the period to appeal
2. When the sentence has been partially or totally satisfied
3. When the accused has waived his right to appeal
4. When he applied for probation
Judgment of acquittal is immediately executory.
Probation and appeal is exclusive. Can’t apply for probation
then withdraw then file an appeal and vice versa. Judgment
is deemed final the moment you avail of those remedies.
Sec 8.
Entry of judgment
Sec 9.
Civil aspect: the court can still amend within 15 days.
Mittimus – the commitment order for the service of
sentence.
RULE 121 – NEW TRIAL OR RECONSIDERATION
Any form of review of a decision acquitting the accused is
not allowed EXC for petition for certiorari.
New trial or reconsideration
How?
a) Upon motion of the accused
b) On its own instance but with the consent of the accused
Sec 2. Grounds for new trial
a) Errors of law or irregularities prejudicial to the substantial
rights of the accused have been committed during the trial
. RULE 126 – SEARCH AND SEIZURE
b) New and material evidence has been discovered which
the accused could not, with reasonable diligence, have
discovered and produced at the trial, and which, if
introduced and admitted, would probably change the
judgment.
VS. Civil cases
Evidence must not only be NEW but also MATERIAL. Ie.
which would affect the judgment or may compel the court
to render a judgment of acquittal.
Newly discovered evidence does not mean forgotten. If
forgotten, ask for reopening of proceedings
Form of motion: 3 day notice rule + notice of hearing +
adverse party is notified + motion states the grounds.
Sec 3. Grounds for reconsideration
a) errors of law or fact in the judgment, which requires no
further proceedings.
This is asking the court to take a second look at the evidence
and the law applicable.
Second MR is not allowed EXC: in SC where the SC says so.
If NT is granted, there will be presentation of evidence.
RULE 122-125 – APPEAL
When can prosecution file appeal
1. Appeal on the civil aspect
2. Dismissal upon motion of the accused
3. Dismissal is not acquittal on the merits
4. When the appeal is on pure questions of law
On appeal: whole case is subject to review.
Who can represent the People?
On appeal = SolGen
If filed IN the Ombudsman = Special Prosecutor
If cognizable in Sandiganbayan and appeal to the SC = Office
of the Ombudsman
Search warrant
An order in writing, issued in the name of the People of the
Philippines, signed by a judge and directed to a peace
officer, commanding him to search for personal property
described therein, and bring it before the court.
Sec 2.
Where to file
If there is already a criminal case filed, and a search warrant
to be issued to seize for items that can be used as evidence
in the case = filed with the court where the criminal case is
pending.
If there is no criminal case filed = follow guidelines Sec 2:
(a) Any court, within whose territorial jurisdiction a crime
was committed.
(b) For compelling reasons:
1. Any court within the judicial region where the crime was
committed if the place of the commission of the crime is
known,
2. Any court within the judicial region where the warrant
shall be enforced.
Effect of illegal search warrant
Evidence obtained would be inadmissible.
AM no. 03-8-02-SC (2004), as amended (2019)
SC authorized that the executive judges of Manila and
Quezon City shall have the authority to act on applications
for issuance of search warrant filed by the NBI, PNP, Anti-
Crime Task Force, PDEA, and the Bureau of Customs for
search warrants involving (1) heinous crimes, (2) illegal
gambling, (3) illegal possession of firearms and
ammunitions, and (4) violation of RA 9165, (5) IPC, Tarriff
and Customs Code, and Securites Regulation Code. (EXC,
R126, Sec 2). To be served anywhere in the Philippines.
Sec 3.
Personal property to be seized
(a) Subject of the offense
(b) Stolen or embezzled and other proceeds, or fruits of the
offense
(c) Used or intended to be used as the means of committing
an offense
Sec 4. Requisites of Search Warrant:
1. Shall not issue unless upon probable cause in connection
with ONE specific offense
2. Probable cause determined personally by the judge
(searching inquiry)
3. Particularly describing the place to be searched and the
things to be seized
Difference with Warrant of Arrest
In SW, the judge is mandatory to conduct personal
examination. In WA, no need for the judge to conduct
personal examination.
“Particularly describing the place…”
Pp v. Quelman
Failure to name the owner or applicant of the search
warrant does not invalidate it. Name of owner is not a
requisite.
Pp v. Dichoso
RE: drugs. Not necessary to obtain different search warrants
for different drugs.
Nala v. Barroso Jr.
RE: firearms. Application must contain a certificate by the
PNP that the subject is not a licensed gun holder.
Scattershot warrant
If many offenses in one search warrant = VOID.
General warrant
Did not specify the place to be searched.
Sec 5.
Searching Inquiry
If the judge is satisfied that there is probable cause then the
court has to grant the application and issue the search
warrant. Must be done PERSONALLY by the judge, cannot
delegate it.
In the form of searching questions and answers before
issuing the warrant.
Sec 8.
Witnesses
Conduct of search warrant must be made in the presence
of:
(a) The lawful occupant thereof, or
(b) Any member of his family, or
(c) In the absence thereof, two witnesses of sufficient age
and discretion residing in the same locality
Violation of the same means the search warrant can be valid
but the enforcement or service is invalid.
Sec 9.
Service of warrant
Must be done in the daytime. EXC: if stated in the warrant
that it can be done anytime of the day or night.
Sec 10.
Search warrant is valid for TEN DAYS (10) from its date.
Warrant of arrest has no expiration.
“Functos Officio” – automatically void.
Sec 11.
Receipt of search
People v. De Guzman
The officer enforcing the warrant shall make a detailed
receipt to the lawful occupant. Failure to do so may
invalidate the search conducted. If you sign it, it must be
with assistance of counsel and be informed of his
constitutional right.
TN: Sec 21, RA 9165 ie. Inventory, marking, photographic of
evidence + 3 witnesses.
Sec 13.
Search incidental to lawful arrest
Valid search even without a search warrant.
Instances of valid warrantless search:
1. Search incidental to lawful arrest
Arrest must precede search. If invalid arrest, invalid search.
What should be seized after a valid arrest?
1. Dangerous weapons that can be used against the
arresting officer.
2. Anything that may have been used in the commission of
the offense or anything which constitutes proof in the
commission of the offense.
Search could be made within the premises within the
immediate control of the arrested person.
2. Searching with the consent of the accused
3. Search in connection with a violation of the Tariff and
Customs Code
Valid even without a warrant.
EXC: When conducted in a dwelling.
4. Search and seizure of vessels and aircrafts
5. Search of a motor vehicle
Limited to visual search (plain view doctrine). The moment
they find probable cause to conduct extensive search, they
can conduct the same.
Q: A policeman at a checkpoint flagged down the accused
but he did not stop. Would that constitute probable cause?
A: Yes.
6. Plain view doctrine
Requisites:
(a) Prior valid intrusion
(b) The evidence was inadvertently discovered by the police
(c) The evidence must be immediately apparent
7. Terry search (Stop and Frisk)
Two steps:
1. Stop – the police officer ordering the stop must have
reasonable belief that a criminal activity has happened or is
about to happen.
2. Frisk – must be done because of a reasonable belief that
the person stopped is in possession of a weapon that may
pose a danger in the officer or others.
Mere pat down. Must not be unreasonably intrusive.
Stop and frisk vs. search incidental
SF does not require probable cause, only reasonable relief.
SI requires probable cause for the arrest.
When to question validity of arrest?
Before arraignment. Failure to question validity = waived.
Does not waive questioning of the evidence obtained.
REMEDIES OF AN INVALID SEARCH:
1. Motion to quash a search warrant and motion to
suppress evidence
- if the search warrant or the execution was invalid.
2. Motion to suppress evidence
- if there is no search warrant issued but the search
conducted was unlawful or invalid.
Where to file motion to suppress search warrant?
With the issuing court. EXC: If case already filed, with the
court where the criminal case is pending.
Remedy of prosecution if search warrant was invalid:
1. If no case is instituted = APPEAL
2. If there is a case = PETITION FOR CERTIORARI. Order
denying the MTQ is considered an interlocutory order.
Only the party whose right has been violated can question
the search.
Exclusionary rule
Evidence obtained by reason of invalid search is
inadmissible in evidence in any proceeding.
People v. Aruta
Tipped about Aruta. Was not acting suspiciously when he
descended from the bus.
People v. Villanueva
Having been obtained through an unlawful search, the
seized item is thus inadmissible in evidence against
accused-appellant. Obviously, this is an instance of seizure
of the "fruit of the poisonous tree." Hence, the confiscated
item is inadmissible in evidence consonant with Article III,
Section 3(2) of the 1987 Constitution: "Any evidence
obtained in violation of this or the preceding section shall
be inadmissible for any purpose in any
proceeding."23 Without the seized item, therefore, the
conviction of accused appellant cannot be sustained. This
being the case, we see no more reason to discuss the
alleged lapses of the officers in the handling of the
confiscated drug.
Revised Guidelines for Continuous Trial of Criminal Cases
Purpose: Speedy disposition of cases.
Procedure:
a) Hearings shall be in the morning and afternoon, Friday is
for motions, arraignment, etc.
b) There are motions prohibited! Denied outright.
1. Motion for judicial determination of probable cause
2. Motion for preliminary investigation filed beyond
the 5 day reglementary period in inquest
proceedings; or when PI is required under Sec 8 or
allowed in inquest…
3. Motion for reinvestigation. Can be prohibited if filed
without prior leave of court or where PI is not
required.
4. Motion to Quash if grounds not under Rule 117
5. Motion for Bill of Particulars. Filed before
arraignment. If after arraignment = prohibited.
6. Motion to suspend arraignment. Only 3: unsound
mind, prejudicial question, pending appeal?
The rest can be considered as meritorious.
The court has the discretion to set the motions for
hearing.
1. (Other meritorious motions)
2. Motion for postponement.
c) Free legal assistance. Only those who are qualified clients
can avail of PAO services. IBP is required to submit names
who can be appointed as counsel de officio. Private
prosecutors are required to get a written authority from the
public prosecutor.
d) Consolidation. Upon filing, there’s a motion to
consolidate. Basis: lowest docket number.
But: drugs court. Can’t consolidate non-drugs cases with
drugs cases.
e) Archiving of cases. Accused who are at large. When? If
the accused remains at large 6 months after the warrant ?
When accused is suffering from unsound mind, or there is
pq, or there is an interlocutory order = imilar? To archive.
Accused jumped bail before arraignment and cannot be
subjected to trial in absentia.
Revival of provisionally dismissed cases.
f) Arraignment within 10 days from the date of receipt of
the detained accused/ 30 days if accused put up bail.
Notice of arraignment and pretrial. Shall eb sent to the
accused… Contents of WICD –

Di mu apply??? Smth idk Warrant to Search, Seize, and Examine Computer Data.

If priv complainant doesn’t show up? Issuance of ??? Offsite thing

g) If plead guity = decision. If plea guilty, and there’s private

offended party = offended party can still ask for damages.

h) if thre is no plea bargaining = agree on trial dates.

i) Trial in absentia. ??

k?) Automatically forms part of the record

l) accused need not present evidence to contradict the

prosecution’s evidence.

m) Form of testimony. First-level courts: judicial affidavits.

n) Conditional examination of witnesses.

o) Absence of counsel de arte

p) Offer of evidence. Made orally.

?Q) Terminated on the same day?

Cybercrime Warrant

(notes)

Offsite search. Can take out the computer from the place
searched.

Subscriber’s information.

Cybcribe courts in QC, Manila, Makati, Pasig… can entertain

anywhere.

(notes)

T/N: Warrants!!

WICD. Can wiretap but must have a warrant (if private

communication).
EVIDENCE 2. Documentary
3. Testimonial
TN: Most important are Rules 130 and 132.
a. Relevant – any evidence that has a logical connection to
RULE 128 – GENERAL PROVISIONS the issues of the case
b. Material – proves a fact in issue
Sec 1. Definition c. Competent – not excluded by any law

Evidence is the means sanctioned by these rules of 1. Direct – without the aid of inference
ascertaining, in a judicial proceeding, the truth respecting a 2. Circumstantial – a proof of a fact from which, taken singly
matter of fact. or collectively, the existence of a particular fact in dispute
may be inferred as a necessary or probable evidence. Needs
It is the means of proving FACTUAL allegations in the civil to be 2 or more. If pieced together, would point to a
complaint or the answer or the criminal conclusion.
complaint/information. This means whether or not a
particular act was done or incurred. If there are no factual a. Cumulative – the same kind of evidence to prove the
issues, there is no need of presenting evidence. same fact
b. Corroborative – different kinds of evidence to prove the
Evidence vs. Proof same facts
Evidence is the means of proving or disproving the facts.
Proof is the result of evidence. 1. Positive
2. Negative
Factum probandum – Refers to the ultimate facts that are
sought to be established. Sec 3. Admissibility
Factum probans – Refers to the facts that would establish
factum probandum. Admissibility vs. Credibility
Credibility means weight of the evidence; Admissibility
Sources of Rules of Evidence refers to the question whether or not a piece of evidence is
1. Rules of Court admissible or not.
2. Constitution
3. Revised Penal Code Reqs of Admissibility
4. Civil Code 1. Relevant – when it has a connection or relation to the
5. Certain special laws issues of the case.
6. Issuances of the SC 2. Competent – when it is not excluded or rendered
inadmissible by any law including the Constitution.
Shall be the same in all courts and all trials and hearings.
Does not include administrative or quasi-judicial bodies. In Sec 4. Relevancy
the absence of any, RoC is suppletory.
Evidence must have such a relation to the fact in issue as to
Hierarchy of Evidentiary Values induce belief in its existence or non-existence. As long as a
1. Proof beyond reasonable doubt piece of evidence has relation to the factual issues to the
2. Clear and convincing evidence case, it is relevant.
3. Prima Facie
4. Probable Cause Evidence on collateral matters
5. Substantial Evidence No relation to the issue. Not allowed. EXC: if it tends in any
reasonable degree to establish the probability or
Kinds of evidence: improbability of the factual issue.
1. Object or real

Conditional admissibility
Initially appears to be irrelevant.
“Alibi” – accused is in a place other than the place of crime
or incident.
Multiple admissibility
If the court allows the admission of the same kind of
evidence.
Curative admissibility
When the proper evidence was allowed to be presented by
one party then the other party may be allowed to produce
similar evidence but only to cure or counter the prejudicial
effect of the opponent’s inadmissible evidence.
Competency of evidence
When it is not excluded by the law or the rules.
Exclusionary rules
1. Right against unreasonable search and seizure
2. Right to privacy of communication
3. Right of a person under custodial investigation
4. Right against self-incrimination
RULE 130 – RULES OF ADMISSIBILITY
A. OBJECT/REAL EVIDENCE
Sec 1.
Object evidence are those addressed to the senses of the
court.
Object evidence must be:
1. It must be authenticated – it must be proven before the
court that it is the same evidence referred to by the witness.
2. Marked – evidence must be marked for identification
3. Identified
4. Formally offered in evidence
Court can deny the presentation of evidence if it would
cause delay, unnecessary, or contrary to morals or public
policy.
BAR: Can a document be considered an object evidence?
Yes, if the purposes is to prove its existence or condition –
NOT THE CONTENTS, otherwise that is documentary
evidence.
B. DOCUMENTARY EVIDENCE
Documentary evidence consists of writings or any material
containing letters, words, numbers, figures, symbols, or
other modes of written expressions offered as proof of their
contents.’
IF a document is proved to establish its existence or
condition, that is object evidence. If a document is proved
to establish its contents, that is documentary evidence.
Electronic document
Best evidence rule
Original Document Rule
Where the subject of inquiry is the contents of a document,
writing, recording, photograph, or other record, no
evidence is admissible other than the original document
itself.
Original document
Must be presented. If a machine copy is presented, that is
objectionable. BUT if the subject of the inquiry is NOT the
contents of the document, the best evidence rule can be
dispensed with.
“Best evidence” is misleading because this only requires the
presentation of the original whenever the contents of the
document is the subject of the case.
Secondary Evidence
EXC to original must be presented:
1. When the original has been lost or destroyed, or cannot
be produced in court, without bad faith on the part of the
offeror;
Reqs for Secondary Evidence:
a) Proof of its execution or existence
b) Cause of its unavailability

May prove by:
a) Copy
b) Recital of its contents
c) Testimony of witnesses
2. When the original is in the custody or under the control
of the party against whom the evidence is offered and the
latter fails to produce it within reasonable notice;
A motion should be filed by the party in order to notify the
adverse party to produce the document.
3. When the original consists of numerous accounts or
other documents which cannot be examined in court
without great loss of time and the fact sought to be
established from them is only the general result of the
whole;
4. When the original is a public record in the custody of a
public officer, or is recorded in a public office.
By a certified copy issued by the public officer in custody
thereof.
5. When the original is not closely-related to a controlling
issue.
Sec 4. Original document
a. The contents of which are subject of inquiry
A photocopy would be considered an original.
b. When in 2+ copies, all are equally regarded as original.
c. When an entry is repeated in the regular course of
business…
a) “Orginal”
Document – document itself or any counterpart intended to
have the same effect by the person executing or issuing it.
Photograph – the negative or any print therefrom.
Also includes data stored in a computer or similar device,
printout or other output readable by sight or other means,
shown to reflect the data accurately, is an original.
b) “Duplicate” – counterpart produced by the same
impressssion as the original, or from the same matrix, or by
means of phography. Includes enlargements or miniatures.
By mechanical or electronic re-recording. By chemical
reproduction. By other equivalent techniques which
accurately reproduce the original.
c) Duplicate is as admissible as an original. EXC:
1. a genuine question is raised as to the authenticity of the
original.
2. it is unjust or inequitable to admit the duplicate in lieu of
the original.
Parol Evidence Rule**
When the parties to a contract have reduced their
agreement into writing, there is no evidence as regards their
agreement except the agreement itself.
Applicable only to written contracts.
Can be raised only by the parties to the agreement or their
successors in interest.
Purpose
Stability of written contracts; To remove the temptations to
commit perjury.
EXC
Can present evidence to modify, explain, or add to the terms
of the written agreement if he puts in issue in his pleading:
(a) An intrinsic ambiguity, mistake, or imperfection
(b) Failure to express the true intent and agreement of the
parties thereto
(c) Validity of the written agreement
(d) Existence of other terms agreed to by the parties or
their successors in interest after the execution of the
written agreement.
*”Agreement” includes wills.

Requisites for parol evidence to apply
1. Valid contract
2. The terms/agreement are reduced into writing
3. The rule is applicable only to the parties or their
successors in interest
4. There is dispute as to the terms of the agreement
C. TESTIMONIAL EVIDENCE
Who can testify in court?
All persons who can perceive, and perceiving, can make
known their perception to others.
1. Ability or observe
2. Ability to remember what he perceived
3. Ability to relay
4. Ability to recognize a duty to tell the truth
If a person is interested in the outcome of the case, he is
NOT necessarily disqualified, such as:
1. Age – there is no age limit.
2. Relationship
A mother/father can testify in favor of his own child but are
often not given much weight if in favor of the accused. If in
favor of the victim, often believed.
3. Religious and political belief
WITNESSES DISQUALIFIED
1. Mentally incapable and mentally immature (Sec 21)
a) Whose mental condition, at the time of their production
for examination is such that they are incapable of
intelligently making known their perception to ohers.
b) Children – mental maturity is incapable of perceiving the
facts respecting which they are examined and relating them
truthfully.
People v. Reynaldo
OK because identified by the sound of the voice of the
person.
Deaf-mute. Competent when:
1. Can understand and appreciate the oath
2. Can comprehend facts they are going to testify
3. Can communicate their ideas through a qualified
interpreter.
People v. Hyatt
Deaf-mute witness, mother is the interpreter because
special way of communicating. But accused has no way of
knowing if the testimony was faithfully interpreted.
Disqualified??
2. Marital disqualification (Sec 22)
Marriage must be valid. Requires consent of affected
spouse for the witness spouse to testify against him/her.
EXC:
a) When marriage is so strained, the marital disqualification
rule does not apply. No more marriage to be preserved.
b) When a criminal or civil case is instituted among
themselves.
3. Marital privilege rule (Sec 24-a)
Privileged communication between husband and wife.
Cannot be examined on any confidential information
between them.
Marital disqualification vs. marital privilege
MD is applicable only if marriage is existing. MP is applicable
during and even after the marriage is dissolved. MD has
total prohibition – cannot testify on any kind of
communication against the other. MP – the prohibited
testimony covers only confidential information between
husband and wife. MD the spouse must be a party to a case.
MP the spouse is either a party or not.
4. Dead Man’s Statute
Death or insanity of adverse party (Sec 23)
Cannot testify as to any matter which occurred before the
death of such person or before such person became of
unsound mind.
Does not apply to:
1. Someone not a party to the transaction
2. Evidence other than testimonial
3. If administrator who files a claim against the estate
4. Counterclaim is interposed by the defendant.
4. Attorney-Client Privilege (Sec 24-b)
If the purpose of giving the communication is to hire the
services of the lawyer, then such lawyer is already covered
by the privilege.
5. Doctor-patient privilege (Sec 24-c)
Only applies in civil cases
6. Priest-Penitent Privilege
Only when communication was given during confession.
7. Public officer
As to communications made to him in official confidence, if
public interest would suffer.
TESTIMONIAL PRIVILEGE
No person may be compelled to testify against his
parents/other direct ascendants, children, or other direct
descendants.
EXC: when the testimony is indispensable in a crime against
the descendant or by one parent against hte other.
ADMISSIONS OF A PARTY
In the form of an act or in the form of a declaration or
statement or omission.
Two kinds of admission:
1. Judicial
2. Extrajudicial (Sec 26)
Judicial is made in court in the same case. Admission in the
criminal case is regarded as a judicial admission. As regards
the civil case, the same admission is extra-judicial.
Admission –
Considered an admission of guilt:
1. Flight
2. Suppression of evidence
3. Offer of compromise
Declaration - a statement against one’s self-interest. Does
not include self-serving statements. Considered the highest
form of evidence because no person would make an
admission unless it’s true.
What is admissible is an admission against the declarant’s
interest.
Custodial investigation
If given during CI, to be admissible, it must comply with the
requirements under the Miranda Doctrine.
Admission vs. Confession
A you just admitted the act, not the crime. C, you really
admit it’s your fault. A can be implied or express. C is always
express. A involves facts that may prove guilt.
Sec 27. Offer of Compromise
GR: Offer to compromise in a criminal case is an implied
admission of guilt, but only when the accused himself makes
the offer.
Not admissible to prove liability in civil cases.
Includes: asking forgiveness, offering marriage.
Does not include: criminal negligence cases, offer to pay,
unaccepted offer to plea bargain, improvident plea of guilty.
Good Samaritan Doctrine
Offer to pay or reimburse hospitalization and medical bills
not admissible in evidence as proof of criminal liability.
Sec 28. Res Inter Alios Acta
The rights of a party cannot be prejudiced by the acts or
admissions of another. Your admission only binds you and
not other people. Refers only to extrajudicial admission.
EXC:
1. Admission by co-partner Kinds:
1. Judicial
Reqs: 2. Extrajudicial
(a) admission was made during the existence of the
partnership An admission made by the person outside of a custodial
(b) the partnership is proved other than the admission investigation is admissible even without the assistance of
(c) the admission is done within the scope of his authority counsel.
as a partner
When is there custodial investigation?
2. Admission by agent When there is questioning made by a law enforcer to the
suspect regarding the commission of the crime.
Provided, the agent acted within the scope of his authority.
For confession to be admissible:
3. Admission by conspirator 1. Express
2. Against whom the confession is admissible
Provided the admission is made during the existence of the
conspiracy. When does the conspiracy end? After the
commission of the crime. GR: Extrajudicial confessions are only binding to the
confessant.
Requisites: EXC: When there are interlocking confessions
1. The conspiracy is shown by evidence other than the
admission itself. Interlocking confessions
2. The admission was made during the existence of the Confessions made by 2 or more suspects whose statements
conspiracy. are substantially the same although they executed their
3. The admission related to the conspiracy itself. extrajudicial confessions separately. The confession of one
would be admissible against the other.
4. Admission by privies (Sec 31)

Admission made by the previous owner of the property is PREVIOUS CONDUCT AS EVIDENCE
binding against the present owner.
TESTIMONIAL KNOWLEDGE
5. Admission by silence (Sec 32)
EXCEPTIONS TO THE HEARSAY RULE
Does not apply to an accused in a criminal case during a
judicial proceeding or custodial investigation because he Testimonial knowledge
has the right to remain silent. The witness can only testify as to those facts which he
knows of his personal knowledge or perception unless
Requisites: otherwise provided by the rules.

JURISDICTION OVER THE PERSON OF THE ACCUSED VS. Hearsay

CUSTODY OF THE LAW. If the purpose is to prove of the facts asserted therein. Not
limited to oral statements, may also refer to a document
Sec 33. Confession where the affiant or signatory himself takes to identify his
own signature and to testify on the contents of the
A declaration of an accused acknowledging his guilt of the document.
offense charged, or of any offense necessarily included
therein.
Independent relevant statement
If the purpose is merely to prove that there was a statement
made and not the truth thereof.
Demeanor evidence
While he is answering the questions, the examiner and the
court should watch carefully his demeanor.
Hearsay – a statement other than one made by the
declarant while testifying at a trial or hearing. Offered to
prove the truth of the facts asserted therein.
Oral or written, or a non-verbal conduct of a person.
In admissible.
NOT hearsay if upon cross, the statement is:
1) Inconsistent wit hteh declarant’s testimony and was
given under oath.
2) Consistent with the declarant’s testimony and is offered
to rebut an express or implied charge against hte declarant
of recent fabrication or improper influence or motive
3) One of identification of a person made after perceiving
him or her.
Exceptions to the Hearsay Rule:
1. Dying declarations
Requisites:
1. The declarant is dying
2. He is aware of his impending death
3. The declaration is presented to prove the circumstances
in a case regarding his death. Subject inquiry is his own
death.
Why included? Because the declarant can no longer testify
and a person at the point of death, every motive to
falsehood is silenced.
Weight of a dying declaration
Can still impeach the witness or declarant.
If dying declaration as against another case = res gestae.
If he did not die = res gestae
2. Dead Man’s Statute
Statement may be received if the statemtn was made upon
the personal knowledge of the deceased or person of
unsound mind while his or her recollection was clear.
Inadmissible if made showing its untrustworthiness.
3. Declarations against interest
VS. Sec 26, which is admission against interest. In Sec 26, the
declarant is alive but in Sec 38, the declarant is already dead.
A statement tending to expose the declarant’s criminal
liability and exculpate the accused is not admissible. EXC
when there are circumstances indicating the
trustworthiness of the statement.
4. Sec 39, 40. Pedigree
5. Sec 41. Common reputation
6. Sec 42. Part of the res gestae
Res gestae – statements made by a person while a startling
occurrence is taking place or immediately prior or
subsequent thereto with respect to the circumstancse
thereof. Means incident, transaction or things done, or
unusual occurrence.
When part of the res gestae?
1. Immediately before the incident occurs
2. When made during the incident
3. Subsequent thereto
Dying declaration vs. Res Gestae
2 kinds of res gestae:
1. Spontaenous sttemnts, outcry, shouts, or statements
2. Statement accompanying an equivocal act
6. Sec 47. Testimony or deposition at a former proceeding
Deposition – a testimony made outside the court.
Must have the opportunity to cross-examine the one who
made the testimony or deposition.
Sec 50.
 2. Judicial notice which are discretionary

OPINION RULE Judicial notice is a cognizance of certain facts which judges

may properly take and act on without proof because they
GR: The opinion of a witness is not admissible. are already noted. When facts are of judicial notice, the
EXC: judge is presumed to have known them.
1. Opinion of expert witness
2. Opinion of ordinary witness if: RULE 132
a) identity of a person
b) handwriting A. EXAMINATION OF WITNESS
c) mental sanity
d) impressions of emotions, behavior, condition, or Sec 1.
appearance
To be done in open court. Except in cases where the public
may be excluded.
CHARACTER EVIDENCE
Rights and obligations of a witness
GR: Not admissible.
Sec 4.
Prosecution cannot present evidence against the character
of the accused. Can only do so if the accused presented Examinations each of the witnesses will undergo:
evidence to his good moral character. 1. Direct examination

RULE 131 Most important! Because it is the examination that a party

may establish or prove the elements of a crime, or the
Who has the burden of proof? elements of the cause of action.
a) CRIMINAL CASES
Not allowed: leading questions.
The prosecution always has the burden of proof.
2. Cross-examination
b) CIVIL CASES
Test whether the testimony is free from bias, interest, or the
Depends on the pleadings. reverse. When? Right after the termination of the direct
examination. If a witness is not cross examined without the
c) ADMINISTRATIVE CASES fault of the adverse party, the direct examination of the
witness shall be deleted from the record.
Complainant.
3. Redirect examination
Kinds of presumptions
To allow the witness to supplement his answers during the
A. CONCLUSIVE PRESUMPTIONS cross examination.

4. Recross examination
B. DISPUTABLE PRESUMPTIONS
Those not taken up during redirect can be allowed by court
RULE 129 to cross.

1. Judicial notice which are mandatory

Sec 10. Leading and misleading questions
Leading questions not allowed. EXC:
Misleading questions absolutely not allowed.
Two kinds:
1. Assumes as true a fact not yet testified to by a witness.
2. One which states as contrary which the same witness had
already testified.
Sec 11. Impeachment of adverse party’s witness
1. By contradictory evidence
2. By evidence that his general reputation for truth, honesty,
or integrity is bad
3. By evidence that he has made at other times statements
inconsistent with his present testimony
4. By evidence that the accused has been convicted of an
offense.
5. By evidence of bias, prejudice, interest, or incompetence.
6. Contrary to human experience.
Testimony to be believed must not only come from the
mouth of a credible witness, but the testimony itself must
be credible.
A party is not allowed to impeach his own witness EXC if
such witness is a hostile or adverse party.
Inconsistencies
Most effective way to discredit. Steps:
1. Recommit the witness to his previous statement
2. Confront the witness his previous statement
Inconsistencies on minor matters do not discredit a witness.
Sec 14. Evidence of good character of a witness
Not admissible until such character has been impeached.
Reverse sa accused (good before bad. Here, bad before
good).
Sec 15. Separation of witnesses
If witness is a party to the case? Cannot ask him to go out. A
party has the right to stay in the courtroom as is the
accused.
Sec 16. Memorandum
Refers to any writing the witness has prepared. A witness
MAY be allowed to refer to writing prepared by him or
prepared under his direction to refresh his memory.
(Present recollection revived.)
Past recollection recorded. Di na man jud ka recall, ang
document iyang gi prepare ang i-present.
Sec 17.
If the adverse party presented a document, with an entry
favorable to you. Can mark the document of an adverse
party. Includes electronic document.
Sec 18.
Right of the adverse party to inspect whatever document a
party has presented.
AUTHENTICATION AND PROOF OF DOCUMENTS
Sec 19. Classes of documents
In evidence, there are two kinds of documents:
(a) Public
(b) Private
Why important to classify? For purposes of presentation of
evidence. Public documents do not require authentication
because they are self-authenticating.
Authentication
Only for private documents. After identification.
Who authenticates? The person who signed or executed the
document. If wala ang signatory, by any person/s who
witnessed the signing. If wala, person sufficiently familiar
with the handwriting.
If not authenticated = inadmissible.
If public document, no need to present the signatory. When? Before the start of the direct examination or at the
time the witness is called to testify. Must object right after
Sec 20. Proof of private document otherwise it will be deemed waived. (FIRST OBJECTION)

1, By the signatory Can object again in the course of asking questions and
2. By anyone who saw the document be signed answers (SECOND OBJECTION).
3. By any person who is familiar with the questioned
signature Former offer of exhibits
4. By comparison with other writings admitted to be After presenting all the witnesses of a party. Object and
genuine documentary exhibits.

WHEN AUTHENTICATION NOT REQUIRED: GR: If a piece of evidence has not been marked, identified,
1. Writing is ancient document or formally offered, the court cannot admit the same.
2. Writing is public document EXC: When the same is attached to the record.
3. Notarized document or is a document duly acknowledged
or certified in accordance with Sec 30 Sec 35.
4. Adverse party would admit the genuineness and
authenticity of a document How should a formal offer be done? Orally, unless allowed
by the court to be done in writing.
Sec 24. Public documents
Sec 36.
To evidence:
1. Original copy Broadside objection
2. Certified true copy Or shotgun objection. A general objection.
3. Official publication
Specific objection
Foreign public document Based on a particular ground.
Certification.
Sec 40.
Evidenciary weight Tender of excluded evidence
Considered prima facie evidence of the facts stated therein.
The remedy of a party offering a piece of evidence but which
Sec 31. Alteration, how to explain is denied by the court. How to make? Request the court that
the excluded evidence be attached to the record.
Must show that:
1. Made by another, without his occurrence Formal offer vs. Offer of proof
2. Made with the consent of the parties affected by it Formal offer is made before an objection. Offer of proof is
3. Otherwise properly or improperly made made after objection and the objection is sustained.
4. The alteration did not change the meaning or language of
the instrument
RULE 133
OFFER AND OBJECTION
Admissibility is different from giving weight.
Sec 34. Offer of evidence
In giving weight to evidence, the court may consider:
How? 1. Facts and circumstance sof the case
2. The witness’ manner of testifying, …
3. The nature of the facts to which they testify
4. The probability or improbability of their testimony
5. Their interest or want of interest
6. Their personal credibility
Moral certainty
The degree of proof which produces conviction in an
unprejudiced mind.
Demeanor evidence
The probability or improbability of their testimony. The
witness’ manner of testifying.
Equipoise rule
About the weight of evidence
Doctrine of pro reo
About the circumstances.
Testimonies are weighed, not numbered.
Affirmative vs. Negative testimony
Affirmative will prevail if both statements are probable true.
Affirmative testimony is stronger than negative.
Affidavit vs. Open Court Testimony
Affidavit prevails if the inconsistencies refer to minor
matters.
Vacillation/delay of a witness to reveal to the authorites
Deos not affect.
Alibi vs. Positive testimony.
Positive identification prevails.
Elements of alibi:
1. The accused must prove he is in a place other than the
place of incident at the time of the commission of the crime.
2. That it was physically impossible to be present at the
crime scene when it was committed.
Sec 3. Extrajudicial confession
1. Extrajudicial confession
2. Evidence to prove that indeed the crime was committed
Sec 4. Circumstantial evidence
Sec 5. Substantial evidence
JUDICIAL AFFIDAVIT RULE
Jurisdiction
All cases except small claims cases and those under the
Supreme Court.
Contents:
1. Name, age, residence, or business address, and
occupation of the witness;
2. The name and address of the lawyer who conducts or
supervises the examination of the witness and the place
where the examination is being held;
3. A statement that the witness is answering the questions
asked of him, fully conscious that he does so under oath,
and that he may face criminal liability for false testimony or
perjury;
4. Questions asked of the witness and his corresponding
answers, consecutively numbered, that:
a) Show the circumstances under which the witness
acquired the facts upon which he testifies;
b) Elicit from him those facts which are relevant to the
issues that the case present; and
c) Identify the attached documentary and object
evidence and establish their authenticity in
accordance with the Rules of Court;
5. The signature of the witness over his printed name;
6. A jurat with the signature of the notary public who
administers the oath or an officer who is authorized by law
to administer the same.
When to object?
After the offer or after stating the purpose.
When submitted?
The parties shall file with the court and serve personally or
with licensed courier service, not later than 5 days before
pretrial or preliminary conference.
Application to criminal cases:
1. Where the maximum of hte imposable penalty does not
exceed six years;
2. Where the accused agrees to the use of judicial affidavits,
irrespective of the penalty involved;
3. With respect to the civil aspect of the actions, whatever
the penalties involved are.
Effect of noncompliance
1. Waived the JA submission. May allow late submission if
the delay is for a valid reason, would not unduly prejudice
the opposing party, and they pay a fine of not less than
P1,000.
2. Waived his client’s right to confront by cross-examination
the witnesses there present.
3. Allow only once the submission of replacement affidavits.
RULE ON DNA EVIDENCE
People v. Vallejo (2002)
Court allowed DNA evidence as circumstantial evidence.
Legal basis: That the SC shall promulgate rules regarding
practice, pleading, and procedure.
What cases applied?
Whenever DNA evidence is offered, used, or proposed to be
offered or used as evidence in all criminal and civil actions,
as well as special proceedings.
Definition of terms
Lucas v. Lucas
There should be a good/probable cause for the holding of
the test, to protect the putative father from mere
harassment suits.
*This law does not preclude anyone from DNA testing,
before a suit or proceeding is commenced.
An order granting the DNA testing shall be immediately
executory and not appealable.
Factors the court should consider WON to grant the
motion for the conduct of DNA examination:
(codals)
Post-conviction DNA testing
Only when the accused is convicted. May be allowed
without need of prior court order, provided such biological
sample exists and is relevant to the case, and such would
result in the reversal of the judgment of conviction.
Where to file?
Court of origin.
Remedy: file a petition for writ of habeas corpus.
RULE ON EXAMINATION OF CHILD WITNESS
Applicable in all cases where a child is presented as witness.
Objective:
To create and maintain an environment that will allow
children to give reliable and complete evidence, minimize
trauma to children, encourage children to testify in legal
proceedings, and facilitate the ascertainment of truth.
Definition of terms:
Child witness
Facilitator
Guardian ad litem
Support person
Best interest of the child
Developmental level
Sec 5. Guardian ad litem
Sec 6. Competency
Every child is presumed to be qualified to be a witness.
However, the court shall conduct a competency
examination motu proprio or upon motion of a party.
He who objects to the child’s competency must present
proof of such fact. The age of the child by itself is not
sufficient to determine the competence of the witness.
Sec 8. Examination
Shall be done in open court.
Conduct of examination
Only the judge can ask questions or questions of hte parties
must pass through the court. It must be appropriate to the
developmental level of the child.
Developmentally appropriate questions
Sec 7.
Oath or affirmation
Is it a violation of the right of the accused to confront face
to face the witness against him?
No. Look out for the best interest of the child against
trauma.
Sec 28. Exception to the Hearsay Rule
A statement made by a child describing any act or
attempted act of child abuse, not otherwise admissible
under the hearsay rule, may be admitted in evidence in any
criminal or non-criminal proceeding, provided:
a) The proponent makes known to the adverse party the
intention to offer such statement and its particulars to
provide him a fair opportunity to object.
If the child is available, the court shall require the child to be
present at the presentation of the hearsay statement for
cross-examination. If the child is unavailable, the fact of
such circumstance must be proved by the proponent.
Sec 30. SEXUAL ABUSE SHIELD RULE
Evidence not admissible if it involves sexual abuse:
1. Evidence offered to prove that the alleged victim engaged
in other sexual behaviors;
2. Evidence offered to prove the sexual predisposition of the
alleged victim
Evidence admissible if: To prove that a person other than
the accused was the source of semen, injury, or other
physical evidence.
Records of the case involving a CICL is privileged and should
not be disclosed. The CICL shall be held criminally liable if he
fails to disclose his previous conviction.
RULE ON ELECTRONIC EVIDENCE
Applicability
Provisions of the rules of court still apply if not stated in the
rule.
Sec 10.
“Electronic document” – refers to information or the
representation of information, data, figures, symbols, or
other modes of written expression ///// described or
however represented ///// by which a right is established
or an obligation extinguished //// or by which a fact may be
proved and affirmed //// which is received, recorded,
transmitted, stores, processed, retrieved, or produced
electronically. //// It includes digitally signed documents
and any print-out or output //// readable by sight or other
means, //// which accurately reflects the electronic data
message or electronic document.
“Electronic testimony” - Taken through some electronic
means. There is a necessity for taking.
“Ephemeral electronic communications” - refers to
telephone conversations, text messages, chatroom
sessions, streaming audio, streaming video, and other
electronic forms of communication the evidence of which is
not recorded or retained.
Rule 4. Original copy
Both the soft and the hard copy.
Rule 5. Authentication
Manner:
1. By evidence that it had been digitally signed by the person
purported to have signed the same
2. By evidence that other appropriate security procedures
or devices were applied to the document;
3. By other evidence showing its integrity and reliability to
hte satisfaction of the judge.
Machine copies
Not considered an electronic document.
MCC Industrial v. Ssangyeon GR 170633 Oct 17, 2007
Whether fax transmission is considered electronic
evidence.
Torres v. Pagcor GR 193531 Dec 14, 2011
Whether fax transmission is considered electronic
document.
MTC v. Codilla GR 170491 Apr 4, 2007
WON photocopies are considered electronic evidence.
Pp v. Inojas 2014
Applicability of the electronic evidence rule.
 SPECIAL PROCEEDINGS
VS. Ordinary Civil Action
In OC, the purpose is to enforce or protect a right that was
already violated. In SP, it is to establish his right, status, or
particular fact. In OC, the right has been violated. In SP, no
right has been violated. In OC, the person whose right has
been violated has to file an ordinary civil action to protect
and enforce such right.
VS. Special Civil Action
SC is similar to an ordinary civil action, but it has its own
rules.
RULE 72 – SUBJECT MATTER OF SPEC. PROC.
a) Settlement of estate of deceased persons
b) Escheat
c) Guardianship and custody of children
d) Trustees
e) Adoption
f) Rescission and revocation of adoption
g) Hospitalization of insane persons
h) Habeas corpus
i) Change of name
j) Voluntary dissolution of corporations
k) Judicial approval of voluntary recognition of minor
natural children
l) Constitution of family home
m) Declaration of absence and death
n) Cancellation of correction of entries in the civil
registry
Rules are not exclusive. Ex. Petition for Writ of Amparo,
Writ of Habeas Data, Declaration of Nullity of Marriage.
SETTLEMENT OF ESTATE OF DECEASED PERSONS
Modes/Ways of Settlement:
1. Adjudication of sole heir
2. Extrajudicial settlement of estate
3. Summary
Extrajudicial Settlement of Estate
Requisites:
1. There is no will.
2. No debt, or if there is any debt, the same has been paid.
3. The heirs are all of legal age. If there is a minor, they will
be represented by a legal representative.
4. The heirs must execute a public instrument called an
Extrajudicial Settlement of Estate and Declaration of
Heirship.
5. The settlement shall be published in a newspaper of
general circulation.
No need to appoint an executor or administrator. Only 2
settlements don’t need: extrajudicial settlement and
summary settlement of small value.
If personal property, post bond.
If real property, lien to be recorded at the back of the title
that it is the subject of settlement of estate.
Hernandez v. Andal
Oral extrajudicial settlement of estate. Oral agreement is
still binding among the parties as far as they are concerned.
SUMMARY SETTLEMENT OF ESTATES OF SMALL VALUE
“Small value” – estate does not exceed P10,000.
R74, Sec 4.
When an heir or other person has been unduly deprived of
his lawful participation
When? Within 2 years.
Remedy? The heir excluded may file a declaration of nullity
and ask for partition.
If creditors? Can file an ordinary civil action against the
distributes or the petition is filed in court in settlement of
summary settlement.
Remedy of defrauded heirs against the extrajudicial
settlement:
1. Nullity of the extrajudicial settlement.
2. Action for annulment on the ground of fraud of the
extrajudicial settlement.
3. Judicial settlement of estate within 2 years after the
distribution.
Case
Thought their father did not have a will. Later found a will.
Made an extrajudicial settlement based on the will. Not
allowed since all wills must be probated.
VENUE
If resident, with the court that has jurisdiction over the
place where the deceased resides at the time of his death.
RTC/MTC – depends on the gross value of the estate. If
300/400,000 = RTC. If < 300/400,000 = First-level.
If not a resident, with the court that has jurisdiction over
the place where any of his properties are located.
“Residence” refers to his personal, actual, or physical
habitation. Does not refer to domicile.
Applies to testate or intestate proceedings.
PROBATE
Yaptinchay v. del Rosario
Named themselves as heirs. Filed an ordinary civil action for
recovery of ownership. Defendants questioned the rights of
the plaintiff as heirs. SC says the determination of who are
the legal heirs of the deceased must be done in the proper
proceedings in court, not in an ordinary suit for
reconveyance for property.
Portugal v. Portugal
Exception to Yaptinchay. Determination of heirs can be
determined in the ordinary civil action if the land is small.
The probate court does not need to execute a writ of
execution.
Allowance or Disallowance of a Will
Who can petition?
Any person who is interested in the estate. These are the
executor, devisee, or legatee named in a will, or any other
person interested in the estate.
*Testator himself can file the petition for probate.
When?
At any time after the death of the testator.
Contents of the petition:
1. Jurisdictional facts.
2. Probable value and the character of the property.
3. Name of the heirs, legatees, and devisees.
4. Name of the person for whom the letters are prayed.
5. If the will has not been delivered to the court, the name
of the person having custody of it.
Publication + Notice
Jurisdictional requirement. If not published, the petition is
dismissed.
During the hearing, if there is no oppositor, only one of the
subscribing witness need to be presented. IF HOLOGRAPHIC
WILL – no witnesses are required, but must present a
witness who knows the handwriting and signature of the
testator. If contested, at least 3 witnesses who knew the
handwriting of the testator shall testify.
Lost or destroyed will
Can be probated, provided:
1. Prove the due execution and validity.
2. Prove its existence.
3. Prove its contents by at least two credible witnesses.
See: Best evidence rule.
Grounds for disallowing the will: (Sec 9)
Allowance of foreign will
Adjudication of Sole Heir
Only need to execute a mere affidavit that he is the only heir
and he is now adjudicating onto himself the entire estate.