GROUP 2

Rule 112, Section 4 – Rule 114

RULE 112
Section 4
Asela Loreen V. Demdam
7. Remedies in case of Adverse Resolution
DEFINITION
of the Ombudsman in Criminal Cases
Q: When Should an MR be filed?
A: Parties aggrieved by the approved resolution of the Office of the
Ombudsman shall have 25 days from receipt thereof to file a motion for
reconsideration of the said resolution.
Procedural
DEFINITION Basis
Sec. 7 OMB A.M. No. 7 provides for the remedy of MR from the
resolution of Ombudsman. It states that:

Sec. 7 Motion for Reconsideration – Only one motion for

reconsideration or reinvestigation of an approved order or resolution
shall be allowed, the same to be filed within fifteen (15) days from
notice thereof with the Office of the Ombudsman as the case may be.
Procedural
DEFINITION Basis
No motion for reconsideration or reinvestigation shall be entertained
after the information shall have been field in court, except upon order of
the court wherein the case was filed.
MOTION FOR RECONSIDERATION
DEFINITION

No motion for
–Only one motion for reconsideration or
reconsideration or reinvestigation shall be
reinvestigation of an entertained after the
approved order or information shall have
resolution shall be allowed been field in court, except
(filed within 15 days from upon order of the court
notice with the Office of wherein the case was filed
the Ombudsman or the (Torralba vs.
Deputy Ombudsman) Sandiganbayan, 230 SCRA
33 (1994)
REMEDIES FOR ACCUSED LAWFULLY ARRESTED W/O WARRANT UNDER THE REVISED
RULES OF PROCEDURE FOR INTELLECTUAL PROPERTY RIGHTS CASES

Ask for PI through a After filing w/o PI,

Information may be
waiver (Art.125) RPC. accused may w/in 5
filed by the
Notwithstanding the calendar days from the
prosecutor w/o
waiver, apply for bail and time of its filing, ask
investigation the investigation must be for PI w/ the same
provided an inquest terminated with 15 calendar right to adduce
had been conducted days from its inception.
evidence
Distinction between PI and inquest
DEFINITION
proceeding
RULE 112
Section 5
 Sec. 5 – When warrant of arrest may
DEFINITION
issue.

 (a) By the Regional Trial Court. – Within ten (10) days from the filing
of the complaint or information
 (b) x x x (Amended)
 ( c ) When warrant of arrest not necessary
 - A warrant of arrest shall not issue if the accused is already under
detention pursuant to a warrant issued by the MTC in accordance with
paragraph (b) of this section
RULE 112
Section 6
Section 6 – When accused lawfully
DEFINITION
arrested without warrant.

 When a person is lawfully arrested without a warrant involving an

offense which requires a preliminary investigation, the complaint or
information may be filed by the prosecutor without need of such
investigation provided an inquest has been conducted in accordance
with the existing rules. In the absence or unavailability of an inquest
prosecutor, the complaint may be filed by the offended party or a
peace officer directly with the proper court on the basis of the affidavit
of the offended party or arresting officer or person.
Section 6 – When accused lawfully
DEFINITION
arrested without warrant.
 Before the complaint or information is filed,
the person arrested may ask for a preliminary
investigation in accordance with this Rule, but
he must sign a waiver of the provision of the
Article 125 of the revised penal code, as
amended, in the presence of his counsel.
Notwithstanding the waiver, he may apply for
bail and the investigation must be terminated
within fifteen (15) days from its inception.
Art. 125 of the RPC – Delay in the
delivery of detained persons to the
proper judicial authorities.
– 12 hrs for crimes or offenses
punishable by light penalties
- 18 hrs. for crimes or offenses
punishable by correctional
penalties
- - 36 hrs for afflictive or capital
penalties or their equivalent
Section 6 – When accused lawfully
DEFINITION
arrested without warrant.

 After the filing of the complaint or information in court without a

preliminary investigation, the accused may, within five (5) days from
the time he learns of its filing, ask for a preliminary investigation with
the same right to adduce evidence in his defense as provided in this
Rule.
a) Motion for PI/Reinvestigation Under the
DEFINITION
Rules of Continuous Trial in Criminal Cases

a) Motion for Reinvestigation

a) Motion for PI 1. Motion filed w/o leave of court
1. Filed beyond 2. PI is not require (Sec.8, Rule 112)
5-day 3. Regular PI is required and actually
reglementary conducted, ground relied in the
period (Sec.6, motion are not meritorious (issues of
credibility, admissibility of evidence, innocence
Rule 112) of the accused, lack of due process when the
accused was actually notified)
RULE 112
DEFINITION
SEC. 7- Cases not requiring a preliminary
investigation nor covered by the Rule on Summary
Procedure.
INQUEST PROCEEDINGS
INQUEST- is an informal and summary investigation
conducted by a public prosecutor in criminal cases
involving persons arrested and detained without the
benefit of a warrant of arrest issued by the court for the
purpose of determining whether or not these persons
should remain under custody and correspondingly be
charged in court.
COVERAGE
a) All offenses covered under the Revised Penal Code and special
laws, rules and regulations
b) Where respondent is a minor (below 18 yrs. old), the inquest
proceedings shall cover only offenses punishable by imprisonment
of not less than 6 yrs and 1 day, provided that no inquest
investigation shall be conducted unless the child-respondent shall
have first undergone requisite proceedings before the local SWDO
pursuant to the rules on Inquest With Respect to CICL
Designation of Inquest Officer

The Prosecutor General or the Provincial/City

Prosecutor shall designate the Prosecutors assigned
to inquest duties and their schedule of assignments
Venue of Inquest Cases
Unless otherwise directed by the Chief State
Prosecutor or the Provincial Prosecutor, those
assigned to inquest shall discharge the functions
during hours of their designated assignments and
only at the police station headquarters of the PNP
or at the Office of the inquest prosecutor in order to
expedite and facilitate the disposition of inquest cases
Date and Time of the Conduct of Inquest
Proceedings

Inquest proceedings shall be conducted during

regular office hours, or on such time as the
circumstances so require
Procedure

All complaints for inquest shall be received

and docketed by the prosecution office
concerned
Commencement
The inquest proceedings shall be considered commenced
upon receipt by the inquest prosecutor of the following
documents:
a) Affidavit of arrest
b) Investigation report
c) Sworn statements of the complainant/s and witness/es
d) Other supporting documents
IDF
Incomplete documents
The inquest officer shall direct the law
enforcement authorities to submit the required
evidence
Otherwise, the Inquest Officer shall order the
release of the detained person
Documents required in specific cases
Frustrated or Attempted Comprehensive
Murder, Homicide
Homicide, Murder, Parricide Dangerous Drugs Act
and Parricide
and Physical Injuries of 2002 (RA 9165)

 Death  Medical certificate of the  Chemistry report or

Certificate of complaining witness showing certificate of laboratory
the victim the nature or extent of the examination
injury
 Necropsy report  Certification or statement as to  Machine copy or photographs
and the duration of the treatment or of buy-bust money
certificate of medical attendance
post-mortem  Certificate of statement as to  Affidavit of the poseur-buyer,
examination duration of incapacity for work if any
Documents required in specific cases
Theft and Rape, Seduction and Forcible Violation of Illegal
Robbery Abduction with Rape Gambling Law

 List of  Gambling paraphernalia

 The medico-legal report, if the
inventory of
articles and victim submitted herself for
medical of physical  Cash money, if any
items subject of
the offense examination

 Statement of
their respective
values
Instances Where the Presence of the
Detained Person is Dispensed With
The presence of the detained person shall be
ensured during the proceedings.
Except in the following cases:
1) If he is confined in a hospital; or
2) If he is detained in a place under maximum
security
Charges and counter-charges
All charges and counter-charges arising from the
same incident shall be consolidated and
inquested jointly to avoid contradictory or
inconsistent dispositions
Determination of the Arrest by the Inquest
Prosecutor
The Inquest Officer shall first determine if the
arrest of the detained person was made in
accordance with paragraphs a, b and c of Sec. 5,
Rule 113 of the Revised Rules on Criminal
Procedure
Where the Arrest of the Detained Person was
Properly Effected
The detained person shall be asked if he/she she
desires to avail himself/herself of a preliminary
investigation and the consequences thereof must be
explained adequately
The detained must be assisted by a lawyer of his/her
choice. If none, he/she shall be provided with the
services of PAO
WAIVER
ACTION TO BE TAKEN WHEN THE
ARRESTED PERSON EXECUTES A
WAIVER OF ARTICLE 125 OF THE
REVISED PENAL CODE

Should the arrested person execute a

waiver, the Inquest Prosecutor shall set the
case for PI which shall be terminated
within 15 days from the execution of the
waiver
Where the Arrest of the Detained Person was
Not Properly Effected
Recommend the release of the person arrested or
detained;
Prepare a resolution indicating the reasons for the
action taken; and
Forward the same, together with the record of the case
to the Prosecutor General or Provincial/ City
Prosecutor for appropriate action
Release of Detained Person for Further
Investigation
Serve the order of release on the law enforcement
officer having custody of the detainee; and
Direct the said officer to serve upon the detainee
the subpoena or notice of PI including all the
copies of complaint affidavit, evidences and
other supporting documents
INQUEST PROPER

Filing of Inquest

The Inquest Prosecutor

will determine if the arrest
is valid or not valid

Valid Not Valid

Release the detained person for
Prepare a Resolution Preliminary Investigation
Action to be Taken When there is a finding
of Probable Cause
If the Inquest Prosecutor finds that probable
cause exists, he/she shall prepare the resolution
with the corresponding Complaint/Information
with the recommendation that the same be filed
in court.
CONTENTS OF THE INFORMATION
Action to be Taken When there is an absence
of Probable Cause
Recommend the release of the arrested/detained
person
Prepare a resolution of dismissal; and
Forward the case to the Prosecutor General of
Provincial/City Prosecutor for appropriate action
Posting of Bail
a) If offense is bailable – the prosecutor shall simply prepare
a certification that the person arrested being charged for an
offense in an inquest proceeding and specifying the
recommended bail thereof
b) If offense is non-bailable – The Inquest prosecutor must
move for the suspension of the bail hearing until the 15
day preliminary investigation is terminated and the
resolution is promulgated
Termination of Inquest

The inquest proceedings must be terminated within the period prescribed

under the provisions of Article 125 of the Revised Penal Code
Article 125. Delay in the delivery of detained persons to the proper judicial authorities. - The penalties
provided in the next preceding article shall be imposed upon the public officer or employee who shall
detain any person for some legal ground and shall fail to deliver such person to the proper judicial
authorities within the period of; twelve (12) hours, for crimes or offenses punishable by light penalties, or
their equivalent; eighteen (18) hours, for crimes or offenses punishable by correctional penalties, or their
equivalent and thirty-six (36) hours, for crimes, or offenses punishable by afflictive or capital penalties, or
their equivalent. In every case, the person detained shall be informed of the cause of his detention and
shall be allowed upon his request, to communicate and confer at any time with his attorney or counsel.
Termination of Inquest
Considerations:
1. Means of communication
2. The hour of the arrest
3. Other circumstances
Applicability of the period prescribed in
the Article 125 of the Revised Penal Code
Shall not be applicable when the persons
arrested/detained without the benefit of a warrant
of arrest issued by the court are children under R.A.
No. 9344 otherwise known as the “Juvenile Justice
and Welfare Act of 2006”
Presence of the Inquest Prosecutor at the
Crime Scene
a) Proceed to the crime scene
b) Cause the immediate autopsy to be conducted by the
appropriate authorities
c) Direct the investigator to cause the taking of photographs
d) Supervise the crime scene investigation to be conducted
by the police authorities
e) Submit a written report of his/her findings
Sandiganbayan Cases
The inquest prosecutors shall refrain from
accepting complaint cognizable by the
Sandiganbayan and advise the law enforcer to
file the complaint before the Office of the
Ombudsman or the Office of the Special
Prosecutor
RULE 112
DEFINITION
SEC. 8 – Records
a) Records supporting the Information or Complaint
Affidavits and counter-affidavits of the parties and witnesses,
together with other supporting evidence and the resolution of the
case.
RULE 112
DEFINITION
SEC. 8 – Records
b) Record of preliminary investigation
Not form part of the investigation of the case but the court may
order the production of the record or any of its part when
necessary
RULE 112
DEFINITION
SEC. 9 – Cases not requiring
preliminary investigation nor covered
by the Rule on summary Procedure
a) If filed with the prosecutor – offenses punishable
by imprisonment of less than 4 years, 2 months
and 1 day
RULE 13
ARREST
ARREST DEFINED
DEFINITION
SEC. 1- Definition of Arrest
Arrest is the taking of a person into custody in
order that he may be bound to answer for the
commission of an offense.
MANNER OF ARREST
SEC. 2- Arrest; how made.
An arrest is made by an actual restraint of a person to be
arrested, or by his submission or the custody of the person
making the arrest.
No violence or unnecessary force shall be used in making
an arrest. The person arrested shall not be subject to a greater
restraint than is necessary for his detention.
How an arrest is made?
a. Actual restraint of a person to be arrested.
b. Submission to the custody of the person making
the arrest. (VOLUNTARY)
What are the limitations in making an arrest?

In effecting an arrest, the person arresting shall not:

a. Use any violence or unnecessary force in making
the arrest; and
b. The person arrested shall not be subjected to a
greater restraint than is necessary for his detention.
What are the limitations in making an arrest?

Violent
arrest

Greater restraint
than is necessary for
detention.
Duty of Arresting Officer
SEC. 3 Duty of arresting officer
It shall be the duty of the officer executing the
warrant to arrest the accused and deliver him to
the nearest police station or jail without
unnecessary delay.
What are the duties of the arresting officer
serving the warrant?
It shall be the duty of the officer executing the
warrant:
1. To arrest the accused; and
2. Deliver him to the nearest police station or jail
without unnecessary delay.
What are the duties of the arresting officer
serving the warrant?
Arrest the
accused

Deliver him to the nearest

Police station without
unnecessary delay.
Section 4 – 6, Rule 113
DEFINITION
ARREST
DEFINITION

 Arrest is the taking of a person into custody in order that he may be

bound to answer for the commission of an offense.
RULE 113

3- Manners in Arresting Offenders

 WITH Warrant of Arrest

 WITHOUT a Warrant of Arrest
 Or Citizen Arrest
 RULE 113

WITH Warrant of Arrest

 Done in Due Process

 Duly issued by the court
 Evaluated by the Judge (- ProbC to issue WoA)

- WoA –PO
- 10- days(S4) (served/ Not) - IsC
 RULE 113

Section 7. 
Method of Arrest by Officer by Virtue of Warrant.

WHEN making an arrest by virtue of a warrant,

 1. the officer shall inform the person to be arrested of the cause of the arrest
 2. and of the fact that a warrant has been issued for his arrest,
 3. except when he flees or forcibly resists before the officer has opportunity to so inform him,
 4. or when the giving of such information will imperil the arrest.
 5. The officer need not have the warrant in his possession at the time of the arrest but after
the arrest,
 6. if the person arrested so requires, the warrant shall be shown to him as soon as
practicable. (7a)
 RULE 113

Serving Warrant of Arrest

 DOs
 1. Do not forget Sec.2 (Dos in serving Warrant of Arrest)
 - avoid serving by force ….(as much as possible)
 - except if there is resistance
 -No violence or unnecessary force
 - DO NOT FORGET TO READ MIRANDA DOCTRINE
 - RIGHTS TO HAVE HIS OWN LEGAL COUNSEL OR LAWYER
RULE 113

WITH Warrant of Arrest

When to serve WoA ?

- Sec.6
 RULE 113

When making an arrest without a warrant

1. In Flagrante Delicto
2. Hot Pursuit Arrest; Sec.5/ fresh pursuit Committed/
3. Escapee Arrest Committing/ About
to Commit
RULE 113

Section 8. 
Method of Arrest by Officer Without Warrant.

When making an arrest without a warrant,

1. the officer shall inform the person to be arrested of his authority and the
cause of the arrest,
2. unless the latter is either engaged in the commission of an offense,
is pursued immediately after its commission, has escaped,
3. flees or forcibly resists before the officer has opportunity so to inform
him, (N4) or when the giving of such information will imperil the arrest.
(8a)
 RULE 113

Section 8. 
Method of arrest by officer without warrant.

- Plain View Doctrine

- Fruit of Poisonous Tree
 RULE 113

.Sec.9
Method of Arrest by Private Person

 When making an arrest

1. a private person shall inform the person to be arrested of the
intention to arrest him and cause of the arrest,
2. unless the latter is either engaged in the commission of an offense, is
pursued immediately after its commission, or has escaped, flees,
3. or forcibly resists before the person making the arrest has
opportunity to so inform him,
4. or when the giving of such information will imperil the arrest. (9a)
 RULE 113

Warrantless Arrest/ Without Warrant of Arrest

Committed/ Committing or About to Commit

If offense is punishable by: Release if No
Light - 1-1………………… Case Filed
Correccional- 1-1-6……… AD
Afflictive- 6-1-40…………

Inquest/ R- PI
RULE 113 (Sections 10-12)
DEFINITION

Rights of the arresting officer in making the arrest.

RULE 113 (Sections 10-12)
DEFINITION

Can the officer

making the arrest
summon
another person for
assistance?
Rule 113 (Sec. 10)
Yes he can.
An officer making a lawful arrest
may orally summon as many persons
as he deems necessary to assist him in
effecting the arrest. Every person so
summoned by an officer shall assist
him in effecting the arrest when he
can render such assistance without
detriment to himself.
RULE 113 (Sections 10-12)
DEFINITION

Can the officer

break into a building
or enclosure in
effecting an arrest?
Rule 113 (Sec. 11)
Yes again.

An officer, in order to make an arrest

either by virtue of a warrant, or
without a warrant as provided in
section 5, may break into any building
or enclosure where the person to be
arrested is or is reasonably believed to
be, if he is refused admittance thereto,
after announcing his authority and
purpose.
RULE 113 (Sections 10-12)
DEFINITION

Can an officer
break out from a
building or
enclosure to liberate
himself?
Rule 113 (Sec. 12)
Yes!

Whenever an officer has entered the

building or enclosure in accordance
with the preceding section, he may
break out therefrom when necessary to
liberate himself.
RULE 13 OF
THE
I
REVISED
RULES OF
CRIMINAL
PROCEDURES
SECTION 13 AREST AFTER ESCAPE
DEFINITION
OR RESCUE
Sec 13 of Rule 113 of the Revised Rules of Criminal
Procedure
provides for arrest or rescue of an escapee. it states that:

- if a person lawfully arrested escapes or is rescued, any

person may immediately pursue or retake him without a
warrant at any time and in any place within the Philippines.
SECTION 14 RIGTH OF ATTORNEY OR RELATIVE
DEFINITION
TO VISIT THE PERSON ARRESTED

Sec 14 of Rule 113 of the Revised Rules of Criminal Procedure

- provide for the right of the person arrested to be visited, it
state’s that:
Any member of the Philippine Bar shall, at the request of the
person arrested or of another acting in his behalf, have the right
to visit and confer privately with such person in jail or any other
place of custody at any hour of the day or night. Subject to
reasonable regulations, a relative of the person arrested can also
exercise the same right.
RULE 14 OF
THE
I
REVISED
RULES OF
CRIMINAL
PROCEDURES
SECTION 1 BAIL DEFINED
DEFINITION
Sec 1 of Rule 114 of the Revised Rules of Criminal
Procedure
- provide for the definition of bail, it states that:
Bail is the security given for the release of a person in custody
of the law, furnished by him or bondsman, to gaurantee his
appearance before any court as required under the conditions
hereinafter specified. Bail may be given in the form of
corporate surety, property bond, cash deposit, or
recognizance.
where does the right to bail
DEFINITION
emanate from?
The right to bail emanates from the accused constitutional
right to be presumed innocent, for which he will be allowed
provisional liberty upon filing of a security to guarantee his
or her appearance before any court.
the nature of
DEFINITION
bail
it is a bond given to secure the personal liberty of one held in
restrain upon a criminal or quasi-criminal charge.

the word “bail” as used in the prohibition against excessive

bail is inadequate translated by the fianza, as bail implies a
particular kind of bond.
the object of bail
DEFINITION
the object of bail is to relieve the accused of imprisonment
and the state of the burden of keeping him in pending trial.
the purpose of bail
DEFINITION
the purpose of putting up a bail for approval of the court is to
release an accused from imprisonment until his convictio and
yet secure his appearance at the trial of his case. (Almeda vs.
Villaluz, 86 SCRA 38)6)
THE CONSTITUTIONAL BASIS OF
DEFINITION
THE RIGHT TO BAIL
Sec. 13 Article III of the 1987 Constitution
All persons, except those charge with offenses punishable by
reclusion perpetua when evidence of guilt is strong, shall,
before conviction, be bailable by sufficient sureties, or be
released on recognizance as may be provided by law. The
right to bail shall not be impaired even when the privilege of
the writ of habeas corpus is suspended. Excessive bail shall
not be required.
The distinction between custody of the
law over the person of the accused
The rationale of the rules on
DEFINITION
bail
The rationale behind this special rule on bail is that it
discourage and prevents resort to the former pernicious
practice wherein the accused could just send another in his
stead to post his bail without recognizing the jurisdiction of
the court by his personal appearance therein and compliance
with the requirements therefor.
Who can exercise the right to
DEFINITION
bail?
The right to bail can only be availed of by a person who is in
custody of the law or otherwise deprived of his liberty.
Conditions and Requirements of Bail

Section 2,
Conditions of the bail; requirements.
CONDITIONS
Undertaking;
Appearance of the Accused before the Court;
Failure to Appear at trial (in absentia);
Appearance for Execution of the final judgment.
REQUIREMENTS

Full Name and Address;

Amount of the undertaking;
The conditions required by this section;
Photographs.
No Release or Transfer Except on Court Order or Bail

Section 3,
No release or transfer except on court
order or bail.
Rule: No release or transfer except ordered by the court or
admitted to bail.

The POWER to order the release or transfer of a detained

person is vested in the COURT.
Bail as a Matter of Right; Exception

Section 4,
Bail, a matter of right; exception.
A MATTER OF RIGHT

All persons in CUSTODY;

Before or after conviction by the MeTC, MTC, MTCC
or MCTC;
Before conviction by the RTC.
ARTICLE III (Bill of Rights) of the 1987
CONSTITUTION,
Section 13
-All persons, except those charged with offenses punishable
by reclusion perpetua when evidence of guilt is strong, shall,
before conviction, be bailable by sufficient sureties, or be
released on recognizance as may be provided by law. The right
to bail shall not be impaired even when the privilege of the
writ of habeas corpus is suspended. Excessive bail shall not be
required.
EXCEPTION

Offense Punishable by death, reclusion perpetua,

or life imprisonment
Rule on Bail in Case of Minor in
Conflict with the Law

Sec. 27, Rules on Juveniles in Conflict with the Law (A.M.

No. 02-1-18-SC, November 24, 2009)
- Bail as a Matter of right. – All children in conflict with the
law be shall be admitted to bail as a matter of right before final
conviction of an offense not punishable by reclusion perpetua,
life imprisonment.
SECTION 5, 6
& 7 OF RULE
114
Presented by:
Kristianne Emiliza M. Purio
RIGHT TO BAIL

The right to bail is a constitutional guaranty which

every person under legal custody may invoke, except
those disqualified under the law.
Section 5: BAIL AS A MATTER
OF DISCRETION

The rules authorize the proper courts to exercise discretion in

the grant of bail pending appeal to those convicted by the
Regional Trial Court of an offense not punishable by death,
reclusion perpetua, or life imprisonment, admission to bail is
discretionary.
FILING OF BAIL

 The application for bail may be filed and acted upon by the trial
court despite the filing of a notice of appeal, provided it has not
transmitted the original record to the appellate court.

 Case: Changing of nature of the offense from non-bailable to

bailable.
 Can be filed with and resolved by the appellate court.
DENIAL OF DISCRETIONARY BAIL

If the penalty imposed by the trial court is imprisonment exceeding six (6) years, it has the following
effects:
1. The accused shall be denied bail; or
2. His bail shall be cancelled, of the following or other similar circumstances:
a) That he is a recidivist, quasi-recidivist, or habitual delinquent, or has committed the crime
aggravated by the circumstances of reiteration;
b) That he has previously escaped from legal confinement, evaded sentence, or violated the
conditions of his bail without valid justification;
c) That he committed the offense while under probation, parole, or conditional pardon;
d) That the circumstances of his case indicate the probability of flight if released on bail; or
e) That there is undue risk that he may commit another crime during the pendency of the appeal.
END OF BAIL

After conviction by the trial court, the presumption of

innocence terminates, and accordingly, the constitutional
right to bail ends.
 Therefore, denial of bail pending appeal is “a matter of
wise discretion”
DUTY OF THE APPELLATE COURT ON THE
RESOLUTION OF THE RTC

The appellate court may, motu proprio or on motion of any

party, review the resolution of the Regional Trial Court after
notice to the adverse party in either case.
RULE ON BAIL IN CAPITAL OFFENSES
INVOLVING MINORS IN CONFLICT WITH THE LAW

WHEN BAIL NOT A MATTER OF RIGHT

No child charged with an offense punishable by reclusion

perpetua or life imprisonment shall be admitted to bail when
evidence of guilt is strong.
DUTY OF THE COURT IN CASE OF
CAPITAL OFFENSE INVOLVING MINORS
 The court shall commit the youth to:
a. youth detention home or;
b. youth rehabilitation center

Or in case of absence thereof,

a. to the care of a provincial, city or municipal jail as provided for in
Sec. 27 of the Rule, which shall be responsible for the appearance of the
child in court whenever required.
SECTION 6: CAPITAL OFFENSE

A capital offense is an offense which, under the law existing

at the time of its commission and of the application for
admission to bail, may be punished with death.
DETERMINATION OF THE NATURE
OF THE OFFENSE

The capital nature of an offense is determined by the penalty

prescribed by law, with reference to which it is relatively
easy to ascertain whether the evidence of guilt against the
accused is strong.
SECTION 7: CAPITAL OFFENSE NOT BAILABLE

Sec. 7, Rule 114 of the Revised Rules of Criminal Procedure provides

for the rule on capital offenses not bailable. It states that:
 No person charged with a capital offense, or an offense punishable by
reclusion perpetua or life imprisonment, shall be admitted to bail when
evidence of guilt is strong, regardless of the stage of the criminal
prosecution (Section 13, Article III of the 1987 Constitution).
SECTION 7: CAPITAL OFFENSE
NOT BAILABLE

GENERAL RULE:

Any person, before being convicted of any criminal offense,

shall be bailable, unless he is charged with a capital offense,
or with an offense punishable with reclusion perpetua or life
imprisonment, and the evidence of guilt is strong.
BAIL AVAILABLE IN CAPITAL OFFENSE

Upon a clear and convincing showing:

1. that the detainee will not be a flight risk or a danger to the
community;
2. that there exist special humanitarian and compelling
circumstances.
POWER TO DETERMINE WHETHER
THE EVIDENCE OF GUILT IS STRONG

It is a matter of judicial discretion that remains with the

judge.
Such discretion must be sound and exercised within
reasonable bounds.
POWER OF THE COURT TO GRANT OR DENY AN
APPLICATION FOR BAIL

 Must contain a summary of the prosecution’s evidence, from which the

judge formulates his or her own conclusion on whether such evidence
is strong enough to indicate the guilt of the accused.
 To determine whether evidence of guilt of the accused is strong, the
conduct of bail hearings is required where the prosecution has the
burden of proof, subject to the right of the defense to cross-examine
witnesses and introduce evidence in rebuttal. The court is to conduct
only a summary hearing, consistent with the purpose of merely
determining the weight of evidence for purposes of bail.
DETERMINATION OF EVIDENCE

 To determine whether evidence of guilt of the accused is strong, the

conduct of bail hearings is required where the prosecution has the
burden of proof, subject to the right of the defense to cross-examine
witnesses and introduce evidence in rebuttal.
 The court is to conduct only a summary hearing, consistent with the
purpose of merely determining the weight of evidence for purposes of
bail.
HEARING FOR PETITION FOR BAIL

 A hearing, whether summary or otherwise in the discretion of the

court, must actually be conducted to determine whether or not the
evidence of guilt against the accused is strong.
 At the said hearing, the prosecution has the burden of showing that the
evidence of guilt is strong.
DUTIES OF THE JUDGE IN CASE OF
APPLICATION FOR BAIL

The court is to conduct only a summary hearing, or such brief

speedy method of receiving and considering the evidence of
guilt as is practicable and consistent with the purpose of the
hearing which is merely to determine the weight of evidence
for purposes of bail.
DUTIES OF THE PARTIES IN CASE OF
APPLICATION FOR BAIL

The trial court is thus granted the discretion to determine

whether there is strong evidence of guilt on the part of the
accused. The trial court may also deny the application for bail
when the accused is a flight risk , notwithstanding the
prosecution's on the guilt of the accused.
DUTIES OF THE PARTIES IN CASE OF
APPLICATION FOR BAIL

The hearing is summary and limited to the determination of

the weight of the evidence for purposes of granting or
denying bail. The denial or refusal must be supported by a
summary of the prosecution’s evidence.
DENIAL OF BAIL FOR A FLIGHT RISK

The trial court may deny the application for bail when the
accused is a flight risk, notwithstanding the prosecution’s
evidence on the guilt of the accused.
RULES ON BAIL UNDER THE RULES
ON CONTINOUNS TRIAL

PETITION FOR BAIL

 Petition for bail filed after the filling of the information shall be set for
summary hearing after arraignment and pre-trial.

TESTIMONY OF WITNESS
 May be in form allowed by the Revised Guidelines, provided that the
demeanor of the witness is not essential in determining his/her
credibility.
CALENDAR DAYS FOR A BAIL

 Petition for bail shall be heard and resolved within a non-extendible

period of thirty (30) calendar days from date of the first hearing,
 except in drug cases which shall be heard and resolved within twenty
(20) calendar days, without need of oral argument and submission of
memoranda, consistent with the summary nature of the proceedings.
MOTION FOR RECONSIDERATION

Motion for reconsideration on the resolution of petition for

bail shall be resolved within a non-extendible period of ten
(10) calendar days from date of submission of the motion.
PETITION FOR BAIL: REGULAR RULES

Presentation of Promulgation
Hearing and Evidence-in-Chief of Decision
Arraignment of the Prosecution
Resolution of (60 days) and
(90 days from
and Pre-trial Petition for Presentation of submission of
Bail (30 days) Evidence of the case for
Accused (90 days) decision)

30 days

Presentation of Evidence in the Petition for Bail and

Presentation of Evidence-in-Chief of the Prosecution and of
Evidence of the Accused (180 days)
PETITION FOR BAIL: DRUG CASES

Arraignment Hearing and Decision

Resolution of
and Pre-trial Petition for Bail (15 days
(within 10 Presentation of from
(20 days) and
Evidence of the
days from Presentation of
Accused (25 days) submission
Evidence-in-Chief
filling of of the Prosecution of case for
Information) (5 days) decision)

Trial (To be finished not later than 60 days from filing of

Information)
BASIS FOR RESOLUTION FOR THE
PETITION FOR BAIL & EVIDENCE TO PRESENT

 The resolution of petition for bail shall be based solely on the evidence
presented during the bail proceedings by the prosecution.
 The prosecution shall present only pieces of evidence that are essential
in establishing that the evidence of guilt is strong.