CRIMINAL PROCEDURE

1!
THE AWESOME NOTES

JURISDICTION it imports the power and authority

Requisites for the exercise of criminal
%L. to hear and determine the issue of facts
and of law
%L. to inquire into the facts; and

jurisdiction

Jurisdiction over the:

%L. to apply and to pronounce the judgment.

How jurisdiction over the subject matter is

1. Subject matter conferred
2. Territory BY LAW

3. Person of the accused

Jurisdiction over the subject matter

- when the law confers jurisdiction, it must
be clear. It cannot be presumed.
Otherwise, jurisdiction does not exist.
- authority of the court to hear and Hence, it cannot be conferred by

determine a particular matter

Jurisdiction over the person of the accused

%L. Will of the parties. Nor it can be
diminished or acquired by any acts of
the parties
- the authority of the court over the person %L. Express or implied waiver of the
charged. accused.
- requires that the person charged with the %L. By mere administrative policy of any trial
offense must have been brought in to it's
forum for trial, forcibly by warrant of arrest court.

or upon voluntary submission to the court

Jurisdiction over the territory (venue)

How jurisdiction over the subject matter is

determined

- requires that the crime must be committed 1. In general;

within or any of its essential ingredients by the allegations in the complaint or
should have taken place within the information

territorial jurisdiction of the subject court. - and not by the evidence presented by the

This can be supplied by facts stated in the
complaint or information.
parties at the trial.

2. In SB
Purpose: as otherwise, it would cause great Acquires jurisdiction only if it has jurisdiction
inconvenience in looking for his witnesses and over the nature of the offense and the

procuring evidence in another place.

- in case of non compliance, the court must

position occupied by the accused.

3. In complex crime
The jurisdiction is upon the court having
dismiss, as the rules on venue in criminal jurisdiction to impose the maximum
cases is jurisdictional. imposable penalty on the offense forming
EXE: when court my try an offense not
committed within its territorial jurisdiction
1. When the offense was committed under

part of the complex crime.

Statute applicable to a criminal action

the circumstances enumerated in art. 2 of - is determined by the law in force at the
the RPC time of the institution of the action and
- the case is cognizance in the court where NOT during the arraignment of the

2.
the case was first filed.
Where the SC pursuant to its constitutional
powers orders a change of venue or place
accused.

Use of the imposable penalty

of trial to avoid miscarriage of justice as what determines whether the court has
3. Sec. 15( b) of Rule 110 jurisdiction over the offense, and NOT the
4.
5.
Sec. 15( c) of Rule 110
Where the case is cognizance by the
Sandiganbayan,

actual penalty imposed after the trial.

PRINCIPLE OF ADHERANCE TO THE

- the jurisdiction of which depends upon JURISDICTION OR CONTINUING

6.
the nature of the offense and position of
the accused.
In case of written defamation, the criminal

JURISDICTION.

Continuing jurisdiction of the court

action need not necessarily be filed in the - In the sense that once a court acquired
RTC of the province or city where the jurisdiction, the jurisdiction continues
alleged libelous article was printed and first until the court has done all that can be
published.

it may be filed in the province or city where
the offended party held office at the time of
do in the exercise of that jurisdiction.

Hence, it cannot be lost by:

the commission of the offense if he is a 1. valid amendment of the information
public officer; or in the province or city 2. new law amending the rules of jurisdiction
where he actually resided at the time of the EXE:
commission of the offense in case the a. When the statute expressly of provides, or

offended party is a private individual. b. Construed to the effect that it is intended to

operate upon action pending before its
I. CRIMINAL JURISDICTION OVER THE

SUBJECT MATTER
enactment.

Dismissal on jurisdictional ground;

Jurisdiction over the subject matter special appearances
- is the right to act or the power and Does NOT amount to
authority to hear and determine a cause. It - estoppel or a waiver of the objection
is a question of law. It is authority of the - a voluntary submission to the jurisdiction of

court to hear and try a particular offense
and impose the punishment for it.
the court

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INSTRUCTION FOR SHARING: good vibes
LASTLY: read and buy Dean Riano’s crimpro book, so you’ll better know. For any wrong spelling, just figure it out, okay? ΑΘΒ/ΑΑΑ
 CRIMINAL PROCEDURE
2!
THE AWESOME NOTES

Raising the issue of the jurisdiction on the INJUNCTION TO PREVENT CRIMINAL

first time in SC

LACK OF JURISDICTION OVER THE

PROSECUTION

Gen Rule:
SUBJECT MATTER The court shall not issue writ of injunction,
- can be raised first time on appeal, even in preliminary or permanent, or prohibition, to
SC enjoin or restrain criminal prosecution.
ration: as jurisdiction is conferred by the EXE:
sovereign authority which organized the 1. When injunction is necessary to
court and is given only by law in the afford adequate protection to the
manner and form prescribed by law, and constitutional rights of the accused
not by mere waiver of the accused. 2. When it is necessary for the orderly
- as issue may be raised or administration of justice or to avoid
considered Motu proprio by the court, oppression or multiplicity of action.
at any stage of the proceedings or on 3. When there is a prejudicial

appeal.

EXE: when not dismissible

4.
question which is a sub juice
When the acts of the officer are
without or in excess of authority
1. Laches ( tijam vs. siblinghanoy ) 5. Where the prosecution is under an
2. Voluntarily submitting a cause and invalid law, ordinance or regulation
encountering an adverse decision on 6. When double jeopardy is clearly

the merits. ( people vs. munar )

II. CRIMINAL JURISDICTION OVER THE

7.
apparent
Where the court has no jurisdiction
over the offense

PERSON OF THE ACCUSED

IS ACQUIRED BY
8.

9.
Where it is a case of persecution
rather than prosecution
Where the charge is manifestly
1. His arrest or apprehension; with or without false and motivated by the lust for
warrant vengeance ; and
2. Voluntary appearance or submission to the 10. When there is clearly no prima
jurisdiction of the court. facie case against the accused,
3. such as; and a motion to quash on that
4. By seeking affirmative relief by filing a
motion to quash, ground has been denied.

2.
3.
appearing for arraignment,
participating in the trial, or
MANDMUS TO COMPEL PROSECUTION

4. by giving bail

Note: voluntary appearance of the accused

Not available
7. As it is a matter of discretion on the part
of the prosecutor to determine which
person appears responsible for the
waives his claim to object the validity or legality

of the arrest.

commission of the offense

N o t e : N O T D E E M E D V O L U N TA R Y Available when
APPEARANCE - The moment the prosecutor finds one to
Questioning the jurisdiction of the court be so liable, it becomes his inescapable
over his person

Note: CUSTODY OF THE LAW

duty to charge him there with and to
prosecute him for the same. Becomes
mandatory. And continued refusal
5. Only means as custody over the body
of the accuse, detention.
6. It doesnt means that the court
tantamount to grave abuse of discretion.

acquires jurisdiction over his person.

This is such in the case where the
accused was arrested but moved to
quash the warrant before his

arraignment.

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subject. So be cautioned [redundant much].
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 CRIMINAL PROCEDURE
3!
THE AWESOME NOTES

III. CRIMINAL JURISDICTION CRIMINAL JURISDICTION OF THE

RTC
OF COURTS


EXCLUSIVE ORIGINAL JURISDICTION
CRIMINAL JURISDICTION OF - all criminal cases not within the
MeTC, MTC IN CITIES, MTC, MCTC exclusive jurisdiction of any
court,tribunal or both.
EXE: falling under the exclusive and
Except in cases falling within the exclusive
Jurisdiction of the CRTC and SB, the MTC
concurrent jurisdiction of the SB

shall exercise the following APPELLATE JURISDICTION

- over all cases decided by the MTC
EXCLUSIVE ORIG. JURISDICTION
1. All violations of city or municipal ordinance
committed within their respective territorial
within its territorial jurisdiction.

SPECIAL JURISDICTION
jurisdiction - those especially designated by the
2. All offenses punishable with imprisonment
not exceeding 6 yrs irrespective of the
amount of fine
SC

AS PROVIDED BY SPECIFIC LAW

Regardless of 1. Written defamation ( art. 360 RPC )
2. Other imposable or accessory 2. Violation of DDA of 2002 (RA 9165)
penalties, 3. Violation of intellectual property rights
3. Civil liability arising from such offense ( a.m. 03-03-03-sc 2003-06-07' effective
irrespective of kind, nature value or July 1, 2003; implementing IPC/ RA

EXE:
amount.
4.
8293)
Money laundering cases
EXE:
1. Libel, conferred upon RTC even the 1. Committed by public officers
imposable penalty is prison correccional 2. Private individuals in conspiracy with
2. Direct bribery, falls within the exclusive public officers
jurisdiction of the SB = in which case shall fall within the
3. Where the only penalty provided by law is
fine, MTC has jurisdiction if the amount
thereof does not exceed 4k
jurisdiction of the SB

4. Damage to property through criminal

negligence
5. Violation of BP 22
6. Summary procedure in the following cases
2. violation of traffic laws, rules and
regulation
3. violation of the rental law
4. violation of city or municipal
ordinance
5. all other criminal cases where the
penalty prescribed by law for the
offense charged is imprisonment not
exceeding 6 mo, or a fine not
exceeding 1k, or both, irrespective of
other imposable penalties, accessory
or otherwise, or civil liability arising
therefrom
6. o ff e n s e s i n v o l v i n g d a m a g e t o
property through criminal negligence
where the imposable fine does not

exceed 10k

SPECIAL JURISDICTION
Decide on application for bail in criminal case in
the absence of all RTC judges in the province or

city.

CAUTION: This note was made by a boy who has much spare time to doodle. Sadly, he is mere mortal and definitely not an expert on the
subject. So be cautioned [redundant much].
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 CRIMINAL PROCEDURE
4!
THE AWESOME NOTES

CRIMINAL JURISDICTION OF THE EMPLOYEES AND OFFICIALS WITH

SB


SALARY GRADE 27 OR HIGHER

SALARY GRADE 27 IS APPLICABLE ONLY

EXCLUSIVE ORIGINAL JURISDICTION

1. Violation of RA 3019 ( anti-graft and

TO THE FF:
%L. officials of the executive branch,
occupying the position of regional
corrupt practices act) and director and higher
2. RA 1379 (Act declaring forfeiture in favor %L. members of the congress or officials
of the state any property found to have thereof

3.
been unlawfully acquired by any public
officers or employees)
Chap II, Sec. 2, Title VII, Book II of the

%L. all other national and local officials

SUCH AS
RPC
%L. officials of the executive branch
occupying the position of regional
- where one or more of the accused are
director and higher, otherwise classified
officials occupying the following positions
as Grade 27
in the government, whether in a
permanent, acting or interim capacity, at %L. Members of the Congress and officials
thereof classified as Grade 27 and up,

the time of the commission of the offense.

- "where one of the accused" covers

under Compensation and Classification
Act of 1989
%L. Members of the Judiciary without
whether said public official is either prejudice to the provisions of the
principal, accomplice or accessory. Constitution
%L. C h a i r m e n a n d m e m b e r s o f t h e
- "offense committed in relation to Constitutional Commission, without
office" requires that the office must prejudice to the provisions of the
be a constituent element of the crime Constitution.
as defined by the statute or %L. All other national and local officials
"intimately connected with the office classified as Grade 27 and higher under
of the accused" or used said position the Compensation and Position

in the commission of the offense.

Hence, murder, wherein public

Classification of 1989.

THE FF SUBJECT TO THE JURISDICTION

office is not an essential element, falls OF THE SANDIGAN BAYAN REGARDLESS
outside the jurisdiction of SB. But
when a mayor and ordered the arrest
and abuse of a victim resulting to its

OF THEIR SALARY GRADE

a. Provincial gov, vg, members of the

death, the crime of murder falls under sanguniang panlalawigan, and
SB's jurisdiction. Act of lasciviousness provincial treasurers, assessors,
committed by an officer against a engineers and other provincial
casual employee falls under SB's department heads.
jurisdiction. b. City mayor, vm, members of the
sanguniang paneling sod, city
- the intimacy of his position or office treasurer, assessors, engineers,
and to the felony committed as to other city department heads..
determine SB's jurisdiction if found on c. Officials of the diplomatic service
the allegations in the complaint or occupying the position of consul or
info. higher
4. Other offenses or felonies whether simple d. Philippine army and air force
or complex with other crimes committed by colonels, naval captains, and all
a public officials and employees mentioned officers of higher rank.
above. e. Officers of the PNP while
5. Civil and criminal cases filed pursuant to occupying the position of provincial
and in connection with EO 1, 2, 14, and director and those holding a rank of
14-A issued in 1986. senior superintendent or higher.
6. Over petitions for issuance of the writ of f. City and provincial prosecutors and
mandamus, prohibition, certiorari, have as their assistants, and officials and
corpus, injunction and other ancillary write prosecutors in the Office of the
and processes in aid of its appellate Ombudsman, and special
jurisdiction, and over petitions of similar prosecutors
nature, including quo warranto arising or g. President, director or trustee, or
that may arise in case filed or which may managers of GOCC, state univ or

be filed under EO 1, 2, 14 and 14-A

APPELLATE JURISDICTION
educational insti or foundations.

over final judgments, resolutions r orders of the

RTC, whether in the exercise of their own
original jurisdiction or of their appellate

jurisdiction as herein provided.

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subject. So be cautioned [redundant much].
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 CRIMINAL PROCEDURE
5!
THE AWESOME NOTES

SUMMARY PROCEDURE IN
CRIMINAL CASES

TRIAL

*NO direct examination

Jurisdiction vested to - as their affidavits submitted shall

MeTC, MTC in cities, MTC, and MCTC

The following cases are subject to summary

constitute as their direct testimonies

BUT
procedure - cross-examination, re-direct and
1.

2.
Violation of traffic laws, rules and
regulations
Violation of the Rental law
re-cross shall be available.

* Failure of the affiant to testify

3. Violation of BP 22 (QUERY: though subject
- his or her affidavit shall not be
to summary procedure, jurisdiction is
considered as competent evidence for
vested to RTC?)
the party presenting the affidavit. But
4. Violation of city or municipal ordinance
may still be used by said party for any
5. All other criminal cases where the penalty
prescribed by law for the offense charged
is
admissible purpose

NO ARREST
IMPRISONMENT; Not exceeding 6
UNLESS:
months
Failure to appear when required by the
FINE; Not exceeding 1k
court
Or BOTH
IN SUCH CASE
= irrespective of other imposable
the accused may be release on bail
penalties, accessory or
or recognizance by a responsible citizen
otherwise, or of the civil liability

6.
arising therefrom.
Offenses involving damages to property
acceptable to the court.

PROMULGATION OF JUDGMENT
through criminal negligence where the
NOT LATER THAN 30 days after the
imposable fine does not exceed 10k

Manner of filing criminal case under

termination of the trial.

PROHIBITED PLEADINGS, MOTIONS,

Summary Procedure

GEN RULE: by complaint or information

PETITIONS
1. Motion to quash the information or
complaint
EXE: in metro Manila and other chartered cities
shall be filed by information EXE: on the ground of
1. lack of jurisdiction over the
EXE to EXE:
subject matter
When the offense is one which cannot be
2. failure to comply with the

prosecuted de officio.
barangay conciliation
proceedings

REQ. for the complaint or information

1. Accompanied by the affidavits of the

1.
2.
Motion for bill of particular
MR of a judgment, MNT, or reopening of
trial
complainant and his witnesses 3. Petition for relief of judgment
1. in such number of copies as there are 4. Motion for extension of time to file
accused pleadings, affidavits, nor any other
2. plus; 2 copies for the court's file paper
2. To be complied with within 5 days from the 5. Memorandum
filing of the case, otherwise, the same may 6. Petition for certiorari, mandamus, or

be dismissed.

GROUND FOR DISMISSAL 7.

prohibition against any interlocutors
order issued by the court
Motion to declare the defendant in
if the court find no cause or ground to hold default
the accused for trial 8. Dilatory motion for postponement
OTHERWISE: 9. Reply
the court shall set the case for arraignment 10. Third-party complaints

and trial

PRELIMINARY CONFERENCE
11. Interventions

HELD- before conducting the trial, as called by

the court
PURPOSE:
1. Entering into stipulation of facts
2. Considering the propriety of allowing
the accused to enter plea of guilty to
a lesser offense
3. Taking up such other matters to
clarify the issues and to ensure a

speedy disposition of the case.

All stipulations entered therein must be

1. reduced into writing and
2. signed by the accused AND his
counsel
OTHERWISE;
such admission cannot be used

against him.

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subject. So be cautioned [redundant much].
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 CRIMINAL PROCEDURE
6!
THE AWESOME NOTES

PROSECUTION OF THE
CONSEQUENCE: on the rule that a criminal
OFFENSE action is prosecuted under the direction and
control of the public prosecutor:
The public prosecutor, in the exercise of
its functions, has the power and
I. INSTITUTION OF CRIMINAL discretion to:
ACTION


PURPOSE OF THE CRIMINAL ACTION
1.

2.
Determine whether a prima facie case
exists
Decide which of the conflicting
1. To determine the penal liability of the testimonies should be believed free from
accused for having outraged the state with the interference or control of the
his crime offended party; and

2. To punish him for it 3. Subject only to right against self-
incrimination, determine which

HOW CRIMINAL ACTION IS INSTITUTED

I F P R E L I M I N A RY I N V E S T I G AT I O N I S
witnesses to present in court

The public prosecutor may turn over the

REQUIRED actual prosecution of the criminal case to the
By filing the complaint or information with the private prosecutor,
proper officer for the purpose of conducting the - but he may at any time, take over

requisite preliminary investigation

IF PRELIMINARY INVESTIGATION IS NOT

the actual case.

PROSECUTION OF A CRIMINAL ACTION

REQUIRED IN MTC Or MCTC
1. By filing directly with the METC, MTC - also prosecuted under the direction and
in cities, MTC, MCTC control of the prosecutor.
2. By filing with the office of the HOWEVER; If the prosecutor assigned
prosecutor is not available, it may be prosecuted
- this when the the criminal action by:
is instituted in Manila and other 1. The offended part
chartered cities 2. Any peace officer
EXE: otherwise provided in their 3. Public officer charged with the
charter

Effect of the institution of the criminal action

enforcement of the law

PROSECUTION FOR VIOLATION OF

on the prescriptive period SPECIAL LAW
- shall interrupt the running of the same shall be prosecuted pursuant to
-
prescriptive period of the offense charged, the law (Rule 110 Sec. 5)

unless otherwise provided in special laws.

Note: for those crimes punishable under

III. INTERVENTION OF THE
special laws, not essential that the action
be filed in court to toll the prescriptive OFFENDED PARTY IN THE
period. Enough that there is a case filed in PROSECUTION OF THE
any gov't agency tasked or empowered to CRIMINAL OFFENSE
accept complaint thereon to determine any
violation, and referral thereon to the DOJ

Basis:
for preliminary investigation and

prosecution. i.e. SEC

existence of civil liability involved in a crime.

II. PROSECUTION OF THE

CRIMINAL ACTION

REVISED PENAL CODE

WHO MUST PROSECUTE THE CRIMINAL
Art. 100
- every person criminally liable for a
felony is also civilly liable
Art. 104

ACTION; who controls the prosecution.

RULE:
- the civil liability for a crime includes
restitution, reparation of he damage
caused and indemnification for
A criminal action is prosecuted under the consequential damages.
direction and control of the public prosecutor. Art. 113
As all criminal action covered by a Except when the civil liability is
complaint or information shall be extinguished,the offender shall be obliged to
prosecuted under the direct supervision satisfy the civil liability resulting from the
and control of the public prosecutor. crime committed by him, even if he has
- remains true even there is a private already served his sentence consisting of
prosecutor.

Appearance of private prosecutor allowed

deprivation of liberty or other rights, or has
not been required t serve the same by reason
of amnesty, pardon, commutation of sentence
ONLY WHEN
%L. there is a civil action for the recovery of the
civil liability, as instituted in the criminal

or any other reason.

W H E N P R I VAT E P R O S E C U T O R I S
action. Or
%L. Independent civil action on the right of the
offended party to intervene in the

AUTHORIZE TO PROSECUTE

WHEN: authorized in writing by the Chief of

prosecution of the offense

Following above, private prosecutor cannot

the Prosecution Office or the Regional State
Prosecutor, as approved by the court, due to
the following reasons:
intervene when offended party: 1. Heavy work schedule of public
1. Waives the civil action prosecutor; or
2. Reserves the right to institute it separately; or

3. Institute civil action prior to the criminal action
2. There is a lack of private prosecutors

CAUTION: This note was made by a boy who has much spare time to doodle. Sadly, he is mere mortal and definitely not an expert on the
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7!
THE AWESOME NOTES

EXTENT OF AUTHORITY GIVEN TO THE V. THIE COMPLAINT OR

PRIVATE PROSECUTOR INFORMATION
- shall continue to prosecute the case up to
the end of the trial
Even in the absence of a public

COMPLAINT

prosecutor,

UNLESS-
- is a sworn written statement charging a
person with an offense, subscribed by
the offended party, any peace officer, or
authority is revoked or otherwise other public officer, charged with the

withdrawn
enforcement of the law violated

IN WHOSE NAME AND AGAINST WHOM

IV. PROSECUTION OF
PRIVATE CRIME

FILED

FILED IN THE NAME OF
A. PROSECUTION OF ADULTERY AND - the People of the Philippines and

CONCUBINAGE

REQUISITES:
not in the name of private person,
natural or juridical

1. Upon the complaint filed by the offended FILED AGAINST

spouse - all persons who appear to be
2. Instituted against both guilty parties r e s p o n s i b l e f o r t h e o ff e n s e

3.
UNLESS: one of them is no longer
alive
Cannot be instituted if it shown that the
charged.

PERSONS REQUIRED TO SUBSCRIBE A

offended party has consented to the COMPLAINT
offense or has pardon the offender, 6. The offended party

express or implied. 7.
8.
Any peace officer
Other public officer charged with he
B. PROSECUTION OF SEDUCTION,
ABDUCTION AND ACTS OF enforcement of the law violated.

LASCIVIOUSNESS

REQUISITES:
# private offended party
- has only limited role in the
prosecution of the offense. Only
4. Upon a complaint filed by the offended
party, or her parents, grandparents, or
guardian
serves as witness

Hence; they cannot appeal in case of

5. Offender has not expressly pardoned by the acquittal of the accused, as the

any one of them.

When STATE may file:

aggrieved party is the people of the
Philippines. However, the civil aspect of
it may be appealed, and a special civil
1. If the offended party dies or become action of certiorari questions the
incapacitated before she can file the jurisdiction of the court may also be

2.
complaint or information; and
She has no known parents, grandparents assailed of.

or guardian Proper party to appeal in case of

acquittal
The offended party even if a MINOR may file
said complaint, independently of here parents, - the OSG

grandparents or guardians.

If the offended party fails to file the

MEANING OF INFORMATION
- is an accusation in writing charging a
person with an offense subscribed by
complaint, it can be filed by the offended
party's:
1. Parents

the prosecutor and filed with the court.

DISTINCTION BETWEEN COMPLAINT

2.
3.
Grandparents
Guardian
Note: with the advent of RA 7610,

AND INFORMATION

COMPLAINT
when committed against the minor, it - must be sworn, hence under oath
can be filed by INFORMATION
Ascendant or collateral relative - requires no oath, what is only required is

4.
within the third degree of
consanguinity
Officer, social worker or representative of a

that the accusation must be in writing.

RATION: as the prosecutor filing the

licensed child-caring institution information is acting under oath of his
5. Officer or social worker of the DSWD
6.
7.
Barangay chairman
At least 3 concerned, responsible citizens
office.

INFIRMITY OF SIGNATURE IN THE

where the violation occurred. INFORMATION
i.e.: Lack of Authority of the Officer signing it
C.

PROSECUTION OF DEFAMATION

DEFAMATION
- does not confers jurisdiction on the court
over the person of the accused and the
Imputation of the offenses of adultery,
concubinage, seduction, abduction, and acts of
subject matter of the accusation.

# not curable by mere acquiescence, or

lasciviousness.

CAN ONLY BE FILED BY THE OFFENDED

even by express consent.

PARTY.

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8!
THE AWESOME NOTES

SUFFICIENCY OF THE COMPLAINT OR HOW TO STATE THE NAME OF THE

INFORMATION ACCUSED
1. The name of the accused, if the 1. The name and surname of the
offense is committed by more that accused or any appellation or
one person, all of them shall be nickname by which he has been or
included in the complaint or is known
information 2. If the name cannot be ascertained,
2. The designation of the offense given 2. he must be described under a
by statute fictitious name.
3. The acts or omission complained of 3. A description of the accused under
as constituting the offense a fictitious name must be
4. The name of the offended party accompanied by a statement that
5. The approximate date of the his true name is unknown.
commission of the offense 4. If later his true name is disclose by
6. The place where the offense was him or becomes known in some

committed

TEST OF SUFFICIENCY
other manner,
1. his true name shall be
inserted in the complaint or
- whether the crime is described in information and in the records
intelligible terms with such
particularity as to appraise the
accused, with reasonable certainty, of
of the case

M I S TA K E I N T H E N A M E O F T H E

the offense charged.

AS the purpose of the requirement for

ACCUSED
- is not equivalent and does not amount
to mistake in the identity of the accused,
especially when the accused is pointed
he information's validity and sufficiently
is to enable the accused to suitably
prepare for his defense, since he is

to as one of the perpetrator of the crime

# Provided; the identity of the accused

presumed to have no independent
knowledge of the facts that constitute the must still be proven

offense.

QUESTIONING THE INSUFFICIENCY OF THE

HOW TO STATE THE NAME OF THE
O F F E N D E D PA R T Y W H I C H I S A
JURIDICAL PERSON
COMPLAINT OR INFORMATION AVAILABLE - it is sufficient to stat its name or any
ONLY name or designation by which it is

- before arraignment

HENCE;
known or by which it may be identified,
WITHOUT need of averting that it
is a juridical person or that is
# failure to object upon his arraignment or organized in accordance with law.

during trial, such tantamount to waiver of
right on assailing such. RULE IF THE NAME OF THE OFFENDED

# it cannot be raised first time on appeal.

DATE OF THE COMMISSION OF THE

PARTY IS UNKNOWN IN OFFENSES
AGAINST PROPERTY
- the property must be described with

OFFENSE

NOT NECESSARY; To state in the complaint or

such particularity as to properly identify
the offense charged.

information the precise date of the offense was DESIGNATION OF THE OFFENSE;
committed. RULES TO BE OBSERVED IN
ENOUGH; that it may be alleged to have been DESIGNATING THE OFFENSE
committed on a date as near as possible to the 1. The name given to the offense by
actual date of its commission. statute must be stated in the complaint
EXE: when the date of the commission is a or information.

material element

DETERMINATION OF THE NATURE AND

2. if the statute gives no designation
to the offense, then reference must
instead be made to the section or

CHARACTER OF THE CRIME

IS DETERMINED BY
2.
subsection punishing it.
To be included in the complete
designation of the offense
The recital of the ultimate facts and - is an averment of the acts or

circumstances in the information.

AND NOT BY:

3.
omission constituting the offense
The complaint or information must
specify
The caption or preamble of the information nor - the qualifying and aggravating
by the specification of the provision of law
alleged to have been violated (being a mere circumstance of the offense

conclusion of law). EFFECT OF FAILURE TO DESIGNATE THE
OFFENSE BY THE STATUTE OR FAILURE
TO MENTION THE PROVISION VIOLATED,
OR ERRONEOUS SPECIFICATION
Does not vitiate the information if the facts
alleged clearly recite the facts constituting the
crime charged, nor bar conviction of the
accused.
as there is no law which requires that in
order that an accused may be
convicted, the specific provision which
penalize the act charged be mentioned
in the information.
- and such omission is cured by the
narration of facts stated in the
information, as to completely

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THE AWESOME NOTES

appraise the accused of the nature of VI. VENUE OF CRIMINAL ACTION

the offense charged.
GEN RULE:
STATEMENT OF THE QUALIFYING AND
Criminal action shall be instituted and tried in

AGGRAVATING CIRCUMSTANCES

REQUIRES:
the court of the municipality or territory
where:
1. The offense was committed; or
must be SPECIFICALLY pleaded or alleged
with certainty in the information.
FAILURE TO DO SO:

2. Any of it's essential ingredients occurred.

the accused cannot be held liable for an

offense graver than that for which he was

EXE:

FOR DEFAMATION
indicted.
1. if the offended party is a public official or
OTHERWISE:
private individual,
The accused would be denied of his
- the criminal action may be filed in
right to be informed of the charges
the RTC of the province or city
against him, and consequently, a
where the libelous article is printed
denial of due process

The rule remains true even if

and first published

2. If the offended party is a private

The omitted aggravating and qualifying individual,
circumstances were proven during the trial - the criminal action may be filed in
beyond reasonable doubt. the RTC of the province where he
actually resided at the time of the
CAUSE OF ACCUSATION
IN INFORMING THE ACCUSED OF THE
CAUSE OF ACCUSATION AGAINST HIM 3.
commission of the offense

If the offended party is a public officer

- it is not necessary to employ the words holding office in Manila at the time of the
used in the statute alleged to have been commission of the offense,
violated. - the action may be filed in RTC of
IT IS SUFFICIENT
for the complaint or information to use
ordinary and concise language sufficient to 4.
Manila

If the offended party is a public officer

enable a person of common understanding holding office outside Manila,
to know the ff: - the action may be filed in the RTC
1. The offense being charged of the province or city where he
2. The acts or omission complained of held office at the time of the
3.
as constituting the offense; and
The qualifying and aggravating commission of the offense

circumstances

RULE ON THE FF:

DUPLICITY OF THE OFFENSE OFFENSE COMMITTED IN A TRAIN,
AIRCRAFT OR VEHICLE
GEN RULE:
A complaint or information must charge only
one offense.

Sec. 15b Rule 110

OFFENSE COMMITTED ON BOARD

EXE: OF A VESSEL
More than one offense may be charged,
when the law prescribes a single
Sec. 15c Rule 110

punishment for various offenses

OBJECTION
OFFENSE COVERED BY ART. 2 RPC
Sec. 15d Rule 110
( For Quashal of the Complaint or HOW TO STATE THE PLACE OF THE
Information ) COMMISSION OF THE OFFENSE
The duplicity of the offenses must be - sufficient that it can be understood from
raised before trial the allegation of the complaint or
OTHERWISE; the court may convict information that the offense was
him of as may offenses as are committed or some of its essential
charged and proved, and impose on elements occurred at some place within

him the penalty for each offense.

the jurisdiction of the court.
EXE: particular place of the commission
of the crime is an essential element
thereof, the allegation of the place of the

commission must be specific.

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THE AWESOME NOTES

VII. AMENDMENT OR
SUBSTITUTION OF THE COMPLAINT OR
SUBSTITUTION OF THE

COMPLAINT OR INFORMATION
INFORMATION


WHEN AVAILABLE
AMENDMENT BEFORE PLEA
- leave of court is not required
EXE: when the amendment
-

GROUND
at any time before judgment

%L. downgrades the nature of the - that a mistake has been made in
offense charged
%L. Excludes any accused from the
complaint or information
charging the proper offense.

EFFECT IF GRANTED
ADD. REQ. WHEN SUCH - The court shall dismiss the original
AMENDMENT complaint or information once a
a. There must be a motion by the new one charging the proper
prosecutor; and offense is filed.
b.
With notice to the offended party

NOTE: Court is mandated to state it's

Provided: the accuse will not be
placed in double jeopardy.

reason in resolving the motion of the NOTE: THE DISMISSAL IS SUBJECT

prosecutor and to furnish all parties, TO RULE 119 SEC 19
especially the offended party, of - when a mistake has been made in

copies of its order.

AMENDMENT AFTER PLEA

charging the proper offense, in
which case it becomes manifest at
any time before judgment that the

(and during trial)

ANY FORMAL AMENDMENT MAY ONLY

accused CANNOT
Be convicted of the offense
charged or any other offense
BE MADE UNDER THE 2 CONDITIONS: necessarily included therein
1. Leave of court must be secured; and THE COURT MAY NEVERTHELESS
2. The amendment does not cause - commit the accused to answer for
prejudice to the rights of the accused

NOTE: the rule only pertains to "formal"

the proper offense
BY REQUIRING
the filing of the proper information.
amendment. THE ACCUSED SHALL NOT BE
Hence, amendment after plea, DISCHARGED
wherein such amendment is on the - if there is a good ground of
substance, is generally not allowed.
EXE: beneficial to the rights of the
detaining him.

accused.

WH EN A MEN D MEN T IS FOR MA L OR

DISTINCTION BETWEEN SUBSTITUTION
AND AMENDMENT

SUBSTANTIAL


FORMAL AMENDMENT When:

See pg 104-106

- it does not alter the basis of the charge in

THE information, nor did it result in any
prejudice to the other party. More so, if the
documentary evidence involved in the
case remained the same, and all are

available to the other party before trial.

Specifically:
1. New allegation which relates only to the
range of the penalty that the court might
impose in the event of conviction.
2. An amendment which does not charge
another offense different or distinct from
that charged in the original one
3. Additional allegation which do not alter the
prosecution's theory of the case so as to
cause surprise to the accused and affect
the form of defense he has or will assume
4. An amendment which does not adversely
affect any substantial right of the accused;
and
5. An amendment that merely adds
specifications to eliminate vagueness in
the information and not to introduce new
and material facts, and merely stars with
additional precision something which is
already contained in the original
information and which adds nothing
essential for conviction for he crime

charged.

IT IS SUBSTANTIAL When:
1. the defense under the complaint or
information, as it originally stood, would no
longer be available after the amendment is
made
2. When any evidence that accused might
have would be inapplicable to the
complaint or information

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THE AWESOME NOTES

s e p a r a t e l y, d i s t i n c t a n d
PROSECUTION OF CIVIL -

ACTION independent

CONSEQUENCE THEREOF TO THE CIVIL

ACTION
IMPLIED INSTITUTION OF THE CIVIL %L. The right to bring the civil action shall
ACTION WITH THE CRIMINAL ACTION proceed independently of he criminal
When a criminal action is instituted, the civil action, and regardless of the result
action for the recovery of the civil liability shall thereof
be deemed instituted with the criminal action. %L. That the quantum of proof required is
Those that are deemed included are those preponderance of evidence.

arising from the crime charged

RATION OF IMPLIED INSTITUTION OF CIVIL

%L. That the right to bring the foregoing
action based on the Civil Code need not
be reserved in the criminal prosecution,

ACTION

• A separate civil action would only prove

since they are not deemed included
therein.
%L. The institution or the waiver of the right
costly, burdensome and time-consuming to file a separate civil action from the
for both parties and further delay the final crime charged does not extinguish the
disposition. right to bring an independent civil action

• Multiplicity of suit must be avoided %L. Even if the civil action is filed separately,
the ex delicto civil liability in the criminal
prosecution remains, and the offended
RULE OF IMPLIED INSTITUTION APPLIES party may subject to the control of the
ONLY ( AND NO IMPLIED INSTITUTION prosecutor---- still intervene in the
WHERE) criminal action, in order to protect the
%L. When no criminal action or information has
been filed.
%L. When the offended party
remaining civil interest therein.

WHEN SEPARATE CIVIL ACTION IS

•
•
waives the civil action
reserves the right to institute it
separately

SUSPENDED

1. AFTER THE CRIMINAL ACTION IS

• institute the civil action prior to the COMMENCED

criminal action The separate civil action arising

therefrom cannot be instituted until final

RESERVATION WHEN AVAILABLE

MADE
judgment has been entered in the
criminal action.
Remains true, even though the
Before the prosecution starts presenting it's filing of separate civil action has
evidence.
under the circumstance that would afford
the offended part a reasonable opportunity
been expressly reserved.

2. CRIMINAL ACTION HAS BEEN

to make such reservation

WHEN NO RESERVATION IS REQUIRED;

INSTITUTED AFTER FILING OF THE CIVIL
ACTION
* rule does not apply to independent civil
When civil action is not suspended

~ independent civil actions
action

CONSOLIDATION OF THE CIVIL ACTION

RESERVATION NOT AVAILABLE IN CIVIL
ACTION IN BP 22
JUDGMENT OF CONVICTION INCLUDES A

WTH THE CRIMINAL ACTION

THROUGH:
JUDGMENT ON THE CIVIL LIABILITY Motion for consolidation
following the rule that "civil action is FILED BY:
impliedly instituted with the criminal action" the offended party
BUT DOES NOT PREVENT WHEN:
The right to waive civil action or institution of to be filed before judgment on the
civil action prior to the criminal action. The latter
as the exception to the rule. See consolidation merits is rendered in the civil action.

in case of the latter.

WHO THE REAL PARTIES IN INTEREST ARE

EFFECT OF CONSOLIDATION:
1. The consolidated criminal and civil
action shall be tried and decided jointly
IN THE CIVIL ASPECT OF THE CASE 2. Evidence already adduced in the civil

The offended party and accused.

HENCE; both of them may appeal the

action (in case civil action was filed prior
to the criminal action) shall be deemed
automatically reproduced in the criminal
civil aspect of the judgment despite action, without prejudice to the right to
the acquittal of the accused. cross-examine the witnesses presented
The Public Prosecutor has no interest by the offended party in the criminal

on the civil aspect.

3.
case.
Shall not prejudice the rights of the

RULE APPLICABLE ON THE CIVIL ASPECT

The Rules on Criminal Procedure and not

parties to present additional evidence.

SUSPENSION OF THE PERIOD OF

civpro, as the latter pertains only to civil action PRESCRIPTION OF THE CIVIL ACTION
arising from the initiatory pleading that gives DURING THE PENDENCY OF THE

rise to the suit.

C IVIL A C TION S TH AT M Y P R OC E ED
CRIMINAL ACTION
1. Where there is no consolidation of the
civil action with the criminal action and
INDEPENDENTLY FROM THE CRIMINAL the civil action is suspended; or
ACTION; 2. The civil action cannot be instituted
INDEPENDENT CIVIL ACTIONS AND QUASI- separately until after final judgment is

DELICTS

Art. 32, 33, 34, and 2177 of the Civil Code

rendered in the criminal action.

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THE AWESOME NOTES

COUNTERCLAIM, CROSS-CLAIM, and estate of the accused, depending

THIRD-PARTY CLAIM IN A CRIMINAL on the source of obligation upon

ACTION

NOT ALLOWED:
which the same is based.

%L.DEATH OF THE ACCUSED DURING

- no counterclaim, cross-claim or third-party THE PENDENCY OF HIS APPEAL WITH
complaint may be filed by the accused in THE SC
the criminal case, but any cause of action totally extinguishes his criminal liability
which could have been the subject thereof - as well as the civil liability which is
my be litigated in a separate civil action based exclusively on the crime for
RATION:
As the court trying a criminal case is limited to
determining the guilt of the accused, and if
which the accused was convicted.

N O VAT I O N : E X T I N G U I S H M E N T O F
proper, to determine civil liability. It cannot CRIMINAL LIABILITY

award damages in favor of the accused.

RULES IN FILING FEES

- not one of the ground prescribed
by the ROC which extinguishes
criminal liability.
1. No filing fees for actual damages claimed. - also true for compromise and
UNLESS: required by the rules
i.e.:
BP 22
reimbursement in estafa cases.

E F F E C T O F A C Q U I T TA L O R T H E
- filing fees shall be based on the EXTINCTION OF THE PENAL ACTION ON
amount of the check and shall be
paid in full
ESTAFA

CIVIL LIABILITY

GEN RULE:
- filing fees shall be paid based on The extinction of the penal action does not

2.
the amount involved.

Shall be paid by the offended party upon

carry with it the extinction of the civil liability.
Especially true when the extinction of the
penal action;
the filing of the criminal action 1. The acquittal is based on reasonable
- court where he seeks for the doubt, as only preponderance of
enforcement of the civil liability of the evidence is required
accused by way of moral, temperate, 2. The court declares that the liability of the
exemplary, or nominal damages, accused is only civil; and
other than actual, and where the 3. The civil liability of the accused does not
amount of such damages is specified arise from or is not based upon the
in the complaint or information. crime of which the accused was
3. If the amount is not specified in the acquitted.
complaint or information, but any of the EXE:
damages is subsequently awarded. Civil action based on delict may be
- the filing fees assessed in extinguished
accordance with the rules, shall IF there is a finding in a final judgment in
constitute a first lien on the judgment the criminal action that the act or

awarding such damages.

EFFECT OF DEATH OF THE ACCUSED IN

omission from which the civil liability
may arise did not exist.

THE CIVIL ACTION

%L.I F T H E A C C U S E D D I E S A F T E R
EFFECT OF PAYMENT OF THE CIVIL
LIABILITY
- payment of the civil liability does not
ARRAIGNMENT AND DURING THE extinguish criminal liability.
PENDENCY OF THE CRIMINAL ACTION - compromise on the civil aspect shall not
- the civil liability of the accused arising from extinguish the public action for the
the crime is extinguished
- but the independent civil actions
mentioned in Sec. 3 of Rule 111 and civil
imposition of the legal penalty.

EFFECT OF JUDGMENT IN THE CIVIL

liabilities arising from other sources of CASE ABSOLVING THE DEFENDANT
obligations
 - is not bar to a criminal action against the
May be continued against the estate
or legal representative of the accused after
proper substitution or against the estate as
defendant for the same act or omission.

the case may be. This is an example of an

action that survives, wherein civil action is
predicated not only on delict but also on

SUBSIDIARY LIABILITY OF EMPLOYER

The provision of the RPC on subsidiary

other sources of obligation. liability are deemed written into the judgment
- the heirs of the accused may be in cases of which they apply.
substituted for the deceased without THUS: the trial court need not expressly
requiring the appointment of an executor pronounce the subsidiary liability of the
or administrator, and the court may appoint
a guardian ad liter for the minor heir.
- the court shall forthwith order the legal
employer.

However, req for the enforcement of the

representative/s to appear and be subsidiary liability of the employer:
substituted within 30 DAYS from notice To establish the following:
%L.I F T H E A C C U S E D D I E S B E F O R E 1. They are indeed the employers of the
ARRAIGNMENT convicted employees
- the case shall be dismissed 2. They are engaged in some kind of
- but the offended party may file the industry
proper civil action against the estate 3. The crime was committed by the
of the deceased.

%L.NOTE; FOR ACTION THAT SURVIVES

employees in the discharge of their
duties; and
4. The execution against the latter has not
- it can only be pursued by filing a been satisfied due to insolvency.
separate civil action
- which may be enforced against the
executor or administrator or the

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THE AWESOME NOTES

CONCEPT OF PREJUDICIAL QUESTION

- is an issue involved in a civil case which is
similar or intimately related to the issue
raised in the criminal action, the resolution
of which determines whether or not the
criminal action may proceed.
RATION (as to the suspension)
- to avoid two conflicting decision in the
civil case and in the criminal case.

ELEMENTS
%L. Previously instituted civil action
involves an issue similar or intimately
related to the issue raised in the
subsequent criminal action; and
%L. T h e r e s o l u t i o n o f s u c h i s s u e
determines whether or not the

criminal action may proceed

REQUISITES
1. The civil case involves facts
intimately related to those upon which
the criminal prosecution would be
based
2. In the resolution of the issue/s raised
in the civil action, the guilt or
innocence of the accused would
necessarily be determined; and
3. Jurisdiction to try said question must

be lodged in another tribunal.

ILLUSTRATIONS

# parricide then file for annulment of
marriage
- no prejudicial question, as the time he
committed the crime, it is already
complete. The institution of the civil
action arise after the institution of the
criminal action.
# ESTAFA and a prior case before the
SEC for revocation of appointment of a
corporate officer
- since estafa requires that there must
be an abuse of confidence, hence,
the pending case before the SEC
becomes a prejudicial question
- following the concept of
determinativeness, wherein the
resolution of the case in SEC, the
guilt or innocence of the accused
would also necessarily be
determined.
# action for collection and violation of BP
22
- no prejudicial question. Violation of
BP 22 is only for the issuance of
worthless check with knowledge of
the insufficiency of funds to support
the check which constitute the
offense. Hence, even if declared not
liable to pay the amount in the
collection suit, the accused my still be
held liable for violating BP 22
# action to nullify of marriage is not a
prejudicial question to concubinage case
- the offense is already complete, and

has different issues involved.

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THE AWESOME NOTES

PRELIMINARY
INVESTIGATION

PRELIMINARY

PRELIMINARY
INVESTIGATION
 EXAMINATION/
PRELIMINARY
PRELIMINARY INVESTIGATION INQUIRY
- is an inquiry or a proceeding the purpose
of which is to determine whether there is a
sufficient ground to engender a well-
founded belief that a crime has been
committed and the respondent is probably

is conducted by the

is conducted by the
guilty thereof, and should be held for trial. prosecutor to judge to determine
THUS; ascertain whether probable cause for
PI being a mere inquiry or a proceeding, is the alleged offender the issuance of
not therefore a trial and does not involve should be held for warrant of arrest.
the examination of witnesses by way of trial, to be subjected This is a judicial
direct or cross-examination, nor requires a to the expense, function.
full and exhaustive display of the party's rigors, and
evidence.

NATURE OF THE RIGHT TO A PRELIMINARY

embarrassment of
trial, or if the
offender is to be

INVESTIGATION

AS A STATUTORY RIGHT
released.

- not a constitutional right, not among

-
those enumerated rights in the Bill of
Rights.
despite it is not a constitutional right

is executive in

is judicial in nature,
rather a statutory, it since has been nature, part of the and is lodged with
established as a component of due prosecutor's job. the judge.

process in criminal justice.

ESSENTIALLY A JUDICIAL INQUIRY

- usually done by a prosecutor or
investigating officer, which acts as a

PROBABLE CAUSE IN PRELIMINARY

-
quasi-judicial officer.
it is a judicial proceeding, as there is
an opportunity to be heard and for the

INVESTIGATION


PROBABLE CAUSE
production of and weighing of - the existence of such facts and
evidence, and a decision is rendered circumstances as would lead a person
of ordinary caution and prudence to
thereon.

BUT: PROSECUTOR DOES NOT PERFORMS

entertain an honest and strong
suspicion that the person charged is
guilty of the crime subject of the

ACTS OF QUASI-JUDICIAL BODY

As Quasi-Judicial Bodies performs adjudicatory

investigation.

functions, whose determination affects the IN SHORT: mere probability of guilt.

rights of the private parties, and their decisions Requires more than bare suspicion but
have the same effect as judgment of a court less than evidence which would justify a
- this is not the case, when a public conviction.
prosecutor conducts PI. See above. - does not import absolute certainty,
HENCE:
 as it is based merely on opinion
Its findings as well as when appealed in DOJ and reasonable belief, nor on clear
(not a quasi- judicial body), is not appealable to and convincing proof, nor inquire to

CA by way of Rule 43.

A VERY DIFFERENT FROM OTHER

the sufficiency of the evidence.

K I N D S O F D E T E R M I N AT I O N O F
QUASI-JUDICIAL PROCEEDING
- as there is no determination of guilt or
innocence of the accused.

PROBABLE CAUSE

1. EXECUTIVE
- does not call for the exercise of - one made during preliminary
adjudication or rule-making functions. investigation.
As it is merely inquisitorial. - it is a function that properly pertains
- Asa means to determine: to the public prosecutor who is given
• Whether it is proper to charge a broad discretion to determine whether
person of a crime; and probable cause exists and to charge
• To enable the fiscal to prepare those whom he believes to have
committed the crime and those who
his complaint or information.

RIGHT TO A PRELIMINARY INVESTIGATION;

should be held for trial.
2. JUDICIAL
one made by the judge

WAIVABLE

WHEN failure to invoke the right for preliminary

-
- to ascertain whether a warrant of
arrest should be issued against the
investigation accused.
the judge must satisfy himself that

- Prior to or at the time of the plea -
based on the evidence submitted,
THERE IS NECESSITY for placing
the accused under custody in order
not to frustrate the ends of justice
- the judge determination of the
existence of probable cause is only
limited for the purpose of deciding
whether the arrest warrant should be
issued against the accused.

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15
THE AWESOME NO

HENCE: the determination of

the prosecutor shall not be
affected by the findings of the
judge, absent of any showing
that the prosecutor committed
manifest error or grace abuse of
discretion.
C A S E R E Q U I R I N G A P R E L I M I N A RY
INVESTIGATION; WHEN NOT REQUIRED

(before the filing of the information)

REQUIRED WHEN
involves an offense where the law prescribes a
penalty of at least 4 yrs, 2 mos and 1 day,

without regard to fine

NOT REQUIRED WHEN

For offense imposing a lesser penalty.

EXE: When PI is not required even

though the offense involved would

normally calls for PI

IN CASE OF
Warrantless arrest
- in this case, an inquest
proceeding shall takes place, to
be conducted by the inquest
prosecutor.
- in case of unavailability of the
i n q u e s t p r o s e c u t o r, t h e
complaint may be filed directly
with the proper court by the
offended party or peace officer
on the basis of he affidavit of the
offended part or arresting officer
or person.
EXE TO EXE:
Person arrested without warrant may
ask for preliminary investigation.
REQ:
1. Ask for preliminary
investigation before the
complaint or information is
filed, or within 5 days from the
time he learns of its filing (as
for the latter, the motion shall
be filed in the court where the
information or complaint was
filed, as said court already
acquires jurisdiction over the
said case--- Motion to
Conduct a PI)
2. Must sign a waiver of he
provision of Art. 125 of the
RPC, as amended, in the
presence of his counsel.
NOTE:
# PI conducted in pursuance
herein, shall be terminated
within 15 days from its
inception.
# Art. 125 of the RPC
- requires the delivery of
person arrested to the
proper judicial authorities
within the period of 12,
18, and 36 hrs as the

PROCEDURE FOR CASES NOT
case may be.

R E Q U I R I N G A P R E L I M I N A RY
INVESTIGATION

2 WAYS OF INITIATING A CRIMINAL ACTION
1. By filing the complaint directly with the
prosecutor; or
2. By filing the complaint or information with

the MTC

I.

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subject. So be cautioned [redundant much].
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 CRIMINAL PROCEDURE
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16
THE AWESOME NO

II. DIRECT FILING WITH THE

PROSECUTOR (IN MANILA AND OTHER

AVAILABLE notwithstanding waiver of the

CHARTERED CITIES)

REQ:
provision of ART. 125 of the RPC
BASIS: Rule 114 Sec 17 (c)
- any person in custody who is not
1. The address of the respondent shall yet charged in court may apply
be indicated in the complaint for bail with any court in the
2. To establish probable cause, the province, city or municipality
complaint shall be accompanied by: where he is held.
2. Affidavit of the complainant NOTE: the application must be
3. Affidavit of the complainant's made
witnesses - in the court of the province,
4. Other supporting documents city or municipality where he
3. The appropriate number of copies of
the above as there are respondents,
PLUS 2 copies for the official file must
is held.

QUESTIONING THE ABSENCE OF A

be submitted; and
4. The affidavits shall be subscribed and
sworn to before

PRELIMINARY INVESTIGATION

WHEN AVAILABLE
- any prosecutor or - before the accused enters his plea.
- government official authorized to - OTHERWISE, would amount to waiver.
administer oaths; or • the court shall resolve the matter
- in their absence or unavailability, as early as practicable but not later
before a notary public than the start of the trial.
each of whom must certify that • an application for or admission of
1. he personally examined the the accused to bail does no bar

2.
affairs and
he is satisfied that they
voluntarily executed and
him from raising such question.

MOTION TO QUASH NOT PROPER

understood their affidavits

THE PROSECUTOR SHALL ACT


REMEDY
- as absence of preliminary investigation
is not one of the grounds for a motion to
BASED quash enumerated in Rule 117 Sec. 3
on the affidavits and their supporting RATHER; IN SUCH ABSENCE, IT IS
documents submitted by the PROPER FOR THE COURT TO

complainant REMAND the case to the prosecutor so that

WITHIN 10 Days from its
filing
the investigation may be conducted.

ABSENCE OF PRELIMINARY
II. DIRECT FILING WITH THE MTC
 I N V E S T I G AT I O N ; E F F E C T O N T H E
THE JUDGE SHALL DETERMINE JURISDICTION OF THE COURT

WHETHER PROBABLE CAUSE EXIST

WITHIN 10 days from the filing of the

NONE.
It does not affect the court's jurisdiction.
- it does not render the

complaint or information

THE JUDGE IS REQ TO

information invalid

1. personally evaluate the evidence INQUEST PROCEEDING

2. personally examine in writing and - is conducted when a person is lawfully
under oath the complainant and the arrested and detained without a warrant
witness in the form if searching of arrest involving even also an offense

question and answer.

IF HE FINDS NO PROBABLE CAUSE -

which requires a preliminary
investigation.
not a preliminary investigation
he shall dismiss the case
UNLESS; the judge desires to further
determine the existence of probable
-

it is informal and summary.


PURPOSE
cause; to determine
- he may require the submission %L. whether or not the person detained
of additional evidence within 10 should remain under custody and then
days from notice. charged in court.
If he still finds no probable %L. If the detained person has been
arrested lawfully in accordance with
cause
he shall dismiss the case.
If he finds probable cause
Sec. 5 (a) and (b) of Rule 113

CONDUCTED BY
- he shall issue warrant of arrest, - Public Prosecutor, who is assigned
or commitment order if the inquest duties as an Inquest Officer and
accused has already been is to discharged his duties, (unless
arrested. otherwise directed) only at the police
EXE: when warrant of station/ HQ of the PNP in order to
arrest may not issue expedite and facilitate the disposition of
- if the judge is satisfied
that there is no such
necessity for placing the
inquest cases.

INQUEST PROCEEDING DEEMED

accused under custody COMMENCED
in which case, a FROM THE TIME
summon shall be the Inquest Officer receives the complaint

issued in its place

B A I L F O R A P E R S O N L A W F U L LY
and referral documents from the law
enforcement authorities.

ARRESTED DURING THE PRELIMINARY

INVESTIGATION (while no information or
complaint has yet to be filed)

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 !
17

These documents include the ff:
- affidavit of arrest
- the investigation report
- the statement of the complainant and
the witnesses; and
-

other supporting evidence gathered

NOTE: Requires that the affidavit of

arrest and the statement of the affidavit
of the complainant and the witnesses
- shall be subscribed and sworn to
before the Inquest Officer by the

affiants.

INQUEST PROCEEDING REQUIRES

PRESENCE OF THE DETAINED PERSON

UNLESS
reason exist that would dispense with his
presence like
- confinement in hospital
- detention in a place requiring maximum
security; or
- his presence is not feasible by reason of

age, health or similar factors

MAY ALSO BE REQUIRED BY THE INQUEST

OFFICER THE PRESENCE OF
COMPLAINING WITNESS
AND SUBJECT THEM TO
informal and summary investigation or
examination
for purposes of determining the existence

of probable cause.

POSSIBLE OPTIONS OF THE INQUEST

PROSECUTOR

1. Summarily examine the arresting officer

on the circumstances surrounding the
arrest or apprehension of the detained
person
- whether in accordance to Rule 113

2.
Sec. 5 (a) and (b).

Should it be found that the arrest was

not made in accordance with the Rules,
the Inquest Prosecutor shall
a. not proceed with the inquest
proceeding.
b. INSTEAD, he shall recommend the
release of the detainee
2. note down the disposition on the
referral document,
3. prepare a brief memorandum
indicating the reasons for the
action he took
4. and forward the same together
with the record of the case, to he
City of the Provincial Prosecutor

for appropriate action.

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THE AWESOME NOTES

A F T E R A P P R O VA L O F T H E COMELEC may avail

R E C O M M E N D AT I O N F O R T H E
RELEASE OF THE DETAINEE
12.

assistance from the same.

OFFICE OF THE OMBUDSMAN

AN ORDER OF RELEASE shall be served has the authority to
on the officer having custody of the said investigate and prosecute on
detainees so the latter may be release. its own or on complaint by any
5. If the evidence on hand warrants the person, any act or omission of
conduct of a regular PI, a notice of any public officer or
preliminary investigation shall be employee, office or agency,
given to the detainee, and be when such act or omission

released for further investigation.

I N S U C H I N S TA N C E , t h e
appears to be illegal, unjust,

improper or inefficient.

detainee shall be furnished NOTE: if the case falls under

primary jurisdiction of SB, SB
copies of the:
may take over at any stage
6. charge sheet or complaint,
from any investigatory agency
7. affidavits or sworn
statements of the
complainant and his
13.

of the government.

PRESIDENTIAL COMMISSION
witnesses
ON GOOD GOVERNANCE\
8. and other supporting
with the assistance of the

3.
evidence

Should it be found that the arrest was

OSG and other government
agencies, is empowered to
investigate, file and prosecute
properly effected

the inquest shall proceed


STEPS IN PI
cases investigated by it.

BUT; the inquest officer shall first ask the

detained person if he desires to avail
himself of a preliminary investigation

I. FILING OF THE COMPLAINT FOR
And if he does
- he shall be made to execute a
waiver of the provisions of Art.
PRELIMINARY INVESTIGATION

INITIATED BY:
125 of the RPC with the Filing of affidavit of complaint.

assistance of a lawyer 

In such instance, the PI shall Note: must be verified/ subscribed and
be conducted by the sworn.
- inquest officer himself, or However, in case of unverified complaint
- any other assistant and the accused failed to move for its
prosecutor to where the dismissal before filing his counter-

case may be assigned. affidavit, he is deemed to have waived/

estopped from assailing such. He
4.

If inquest officer finds that

probable cause exists

already deemed to have submitted

himself under its jurisdiction.

9. he shall prepare the See. Sec. 3a Rule 112 for the contents
corresponding information with
the recommendation that the
same be filed in court.

and requirements

Note: Sasot vs People June 29, 2005


no probable cause Complaint affidavit notarized in foreign
10. he shall recommend the release jurisdiction MAY be the basis of PI,

of the detained person. following that the in case of absence or

unavailability of provincial or city

W H O M AY C O N D U C T T H E P I A N D
prosecutor or any government official
authorized to administer oaths, an
affidavit may be sworn before a "notary
DETERMINE EXISTENCE OF PROBABLE public," who must certify...
CAUSE Also it further held even the
1. Provincial or City Prosecutor and their absence of oath in the complaint, it
assistants does not necessarily render it
2. National and Regional State Prosecutors; invalid. Want of oath is a mere
and defect of form, which does not
3. Other officers as may be authorized by law affect the substantial rights of the
SUCH AS
11. COMELEC; through its authorized
legal officer
defendant on the merits.

DISTINCTION BETWEEN THE

Has the power concurrent with COMPLAINT FILED FOR PI AND FOR
other prosecuting arm of the INSTITUTING CRIMINAL
government, to conduct
preliminary investigation of all
election offenses punishable
PROSECUTION

AS THE COMPLAINT FOR

under Omnibus Election Code INSTITUTING CRIMINAL

and to prosecute the same

Note: since concurrent,

PROSECUTION
is a sworn written statement charging a
person of an offense, subscribed by the
following RA 9369, other offended party, any peace office or other
prosecuting arm of the p u b l i c o ff i c e r c h a r g e d w i t h t h e
government need not be enforcement of the law violated.
deputized first by the COMELEC is in the name of the People of the
before it can commence with Philippines
investigation and prosecution.

CAUTION: This note was made by a boy who has much spare time to doodle. Sadly, he is mere mortal and definitely not an expert on the
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19
THE AWESOME NOTES

NOTE: COMPLAINT FILED FOR PI imperative, likewise that the

is not mere an affidavit, as it is treated counter-affidavit of the
as a component of the complaint respondent need not be
( Santos-Cancio vs DOJ 543 SCRA sworn to before the

II.
70 )

DISMISSAL OF THE COMPLAINT OR

investigating prosecutor
himself.

ISSUANCE OF SUBPOENA NOTE: pwedeng sunuran though

from the filing of the complaint, the the rule is silent by reply-affidavit
investigating officer has 10 DAYS within
which to decide to either:
1. Dismiss the complaint if he finds not

and a rejoinder-affidavit.

FAILURE TO SUBMIT COUNTER-

ground to conduct the investigation; AFFIDAVIT; EFFECT
or Ex Parte Investigation
2. To issue subpoena to the respondent The investigating officer shall
in case he finds the need to continue resolve the complaint based
with the investigation on the evidence presented by
in which case the subpoena the complainant.
shall be accompanied with the REMEDY OF THE
complaint and it's supporting RESPONDENT


documents.

RIGHTS OF THE RESPONDENT TO

File a motion to have the
proceedings reopen to allow
him to submit counter-affidavit
WHOM SUBPOENA WAS ISSUED IN a n d t h e a ff i d a v i t o f h i s
THIS STAGE witnesses another evidence
1. To examine the evidence submitted he may present
by the complainant which he may not A C C O M PA N I E D B Y:
have been furnished, and to copy explanation for the failure
them at his expense to time file the counter
2. If the evidence is voluminous, them affidavit.
complainant may be required to TIMEFRAME: filed
specify those which he intends to before the
present against the respondent, and prosecutor has
shall be available for examination or issued a resolution
copying by the respondent at his
expense. in the case.

3. While object evidence need to be

furnished to party, but it shall be
made available for examination,
IV.

CLARIFICATORY HEARING

NATURE
copying, or photographing at the not indispensable during PI

expense of he requesting party. falls under the discretion of the

investigating officer whether to
IN CASE RESPONDENT CANNOT BE
SUBPOENA
Ex Parte Investigation
conduct or calls for the same.

TIMEFRAME
The investigating officer shall resolve the WITHIN 10 DAYS
complaint based on the evidence From the submission of the counter-

presented by the complainant.

REMEDY OF THE RESPONDENT

affidavit, other affidavits and documents
filed by the respondent; or
from the expiration of the period for
File a motion to have the proceedings
reopen to allow him to submit counter-
affidavit and the affidavit of his witnesses
their submission

CLARIFICATORY HEARING IS SET


another evidence he may present BY THE
ACCOMPANIED BY: explanation for Investigating officer
the failure to time file the counter IF
affidavit. ( not sure here as to the There are facts and issues to be
contents of the explanation ) clarified either from a party or a
TIMEFRAME: filed before the
prosecutor has issued a witness

III.
resolution in the case

FILING OF COUNTER-AFFIDAVIT BY
PARTICIPATION OF THE PARTIES
DURING CLARIFICATORY HEARING
%L. The parties can be present at the
THE RESPONDENT; NO MOTION TO hearing

DISMISS

TO BE ISSUED
%L. Has no right to examine or cross-
examine each other or a witnesses
%L. If they have questions to ask, they
within 10 days upon receipt of the shall submit the questions to the
subpoena investigating officer who shall ask
NOTE: motion to dismiss in lieu of the questions to the party or a

counter-affidavit is not allowed.

COUNTER- AFFIDAVIT; SUBSCRIBED

witness concerned

HEARING TERMINATED
AND SWORN

see Rule 112 Sec. 3c in re Sec. 3a
V.

within 5 days

Note: need not be sworn before the

investigating officer, as it may be
subscribed and sworn before any
prosecutor or government official or in their
absence or unavailability, before a notary
public.
14. following that since confrontation
between the parties is not

CAUTION: This note was made by a boy who has much spare time to doodle. Sadly, he is mere mortal and definitely not an expert on the
subject. So be cautioned [redundant much].
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 CRIMINAL PROCEDURE
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20
THE AWESOME NOTES

VI. DETERMINATION BY THE IF THE RECOMMENDATION FOR

INVESTIGATING OFFICER DISMISSAL
ON THE GROUND
TIMEFRAME
within 10 days from the termination of the
that probable cause exists

investigation

INVESTIGATING OFFICER SHALL

The provincial or city prosecutor or
the chief state prosecution office or
DETERMINE the OMB or his deputy may
whether or not there is a sufficient ground - file the information against the

to hold the respondent for trial.

IF HE FINDS CAUSE TO HOLD

-
respondent or
direct another assistant prosecutor
or state prosecutor to do so without
RESPONDENT FOR TRIAL
he shall prepare both the resolution and
information
inducting another PI.

REMEDY:
OTHERWISE Aggrieved party may file an MR
he shall recommend the dismissal of WITHIN 15 days from receipt of the

the complaint assailed resolution

BEFORE
THE INFORMATION SHALL CONTAIN
CERTIFICATION BY THE
INVESTIGATING OFFICE UNDER OATH
IF DENIED
the Office of the Prosecutor

In which he shall certify to the ff: Appeal from the denial of the MR
1. That he, or as shown by the record, ( petition for review to Sec. of Justice)
an authorized officer, has personally WITHIN 15 days from its receipt of
examined the complainant and his the denial of the MR/
2.
witnesses
That there is a reasonable ground to
believe that a crime gas been
reinvestigation.

APPEAL TO THE SECRETARY OF

committed JUSTICE; FILING A PETITION FOR
3. That the accused is probably guilty REVIEW
thereof - following that the Sec of Justice
4. That the accused was informed of the has the ultimate authority to decide
complaint and of the evidence which of the conflicting theories of
submitted against him, and the complainants and the
5. That he was given an opportunity to respondents should be believed.
submit controversial evidence,

EFFECT OF ABSENCE OF SAID

- also, has the duty to protect
innocent persons from groundless,
false or serious prosecution.
CERTIFICATION OTHERWISE, he would be
NOT FATAL sanctioning the filing of a charge
as the information is still considered valid sheets based on the complaints
for reason that such certification is not an where he is not convinced that the
essential part of the information itself. evidence warrants the filing of an
WHAT IS MERELY REQUIRED IS action before the court, which is a
that before one can file an form of dereliction of his duty.
information, PI must have been
HENCE; may reverse, affirm
previously conducted.

VII. FORWARDING OF THE RECORDS OF

or modify the appealed
resolution
THE CASE FOR ACTION; NEED FOR also, Revised
A P P R O VA L B E F O R E F I L I N G O R Administrative Code,
DISMISSAL power of supervision and
following the rule that no complaint or control of DOJ over
information may be filed or dismissed by
an investigating prosecutor without the
prior written authority or approval of the
Investigating Prosecutor

EFFECT OF THE FILING OR

provincial or city prosecutor, or chief state PENDENCY OF THE PETITION FOR

prosecutor or the OMB or his deputy.

TIMEFRAME
REVIEW BEFORE THE OFFICE OF
THE SECRETARY OF JUSTICE
It does not hold or prevent the filing of
15. within 5 days from resolution
 the corresponding information in court
SHALL FORWARD THE RECORD based on the finding of probable cause
OF THE CASE TO THE in the appealed resolution.
16. provincial or city prosecutor UNLESS

17. to the OMB or his deputy in cases of The Sec of Justice directs
offense cognizance by the SB in the
exercise of its original jurisdiction.
otherwise.

NOTE: while it does not prevent

AFTER WHICH
Said offices shall Give written the filing of Info, the appellant and
authority for the filing or dismissal of the prosecutor shall see to it that,
the complaint pending resolution of the appeal,
WITHIN 10 DAYS from their the proceedings in court are held in

receipt thereof. abeyance.

HENCE: the appellant may
upon filing of a petition for
review, may file a motion for
the suspension of he

arraignment

CAUTION: This note was made by a boy who has much spare time to doodle. Sadly, he is mere mortal and definitely not an expert on the
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 CRIMINAL PROCEDURE !
21
THE AWESOME NOTES
NO T E: IF TH E APPELLA N T H A S INSTEAD OF DISMISSING THE
PETITION, THE SEC OF JUSTICE
ALREADY BEEN ARRAIGNED BEFORE
MAY ORDER THE REINVESTIGATION
THE FILING OF THE PETITION FOR OF THE CASE
REVIEW IF- it finds it necessary to investigate the
the petition for review shall not be given case
due course TO BE CONDUCTED BY:
BUT IF THE ACUSED AFTER FILING The investigating prosecutor
OF THE PETITION FOR REVIEW, UNLESS
WAS THEREAFTER ARRAIGNED For compelling reasons,
it shall not bar the Sec. of Justice another prosecutor in

REQ:
form exercising his power of review.

designated to conduct the
same

1. Filed within 15 days from the receipt REMEDY OF THE AGGRIEVED

of the denial of the MR\ PARTY IN THE DECISION OF THE
2. The petition must be verified SEC OF JUSTICE
3. Copies of the same must be file an MR
furnished the adverse party the TIMEFRAME
Prosecution Office issuing the Within non-extendible period of 10
appealed resolution days from receipt of the resolution
4. Contain the matters mandated under on appeal

Sec. 5 of Department Circular No. 70

FAILURE TO COMPLY:
REQ:
Copies of the motion and
proof of service thereof shall

ground for dismissal of the petition be served upon the adverse

party and the Prosecution

VERIFIED COMMENT

THE ADVERSE PARTY

Office Concerned.

RULES OF COURT PROVISION


WITHIN 15 DAYS WHEN THE RESOLUTION IS
from receipt of the copy of the petition, REVERSED OR MODIFIED BY THE
SHALL FILE SEC. OF JUSTICE
verified comment SHALL DIRECT THE
NOTE: PROSECUTOR CONCERNED TO
The investigating/reviewing/approving 1. File the corresponding
prosecutor need not submit any information without
comment except when directed by conducting another PI; or

the Sec of Justice.

IF NO COMMENT IS FILED
2. Dismiss or move for the
dismissal of the complaint or
information with notice to the

the appeal shall be resolved on the
basis if the petition. parties

REMEDY:
SEC. OF JUSTICE MAY DISMISS IN ASSAILING THE RESOLUTION OF
OUTRIGHT IF
it finds that the petition for review to be
1. Patently without merit

THE SEC OF JUSTICE

RULE 43 NOT AVAILABLE; AS

2. Manifestly intended for delay; or DOJ is not a quasi-judicial agency
3. When the issues raised therein are exercising a quasi-judicial function
too unsubstantial to require when it reviews the findings of a

consideration

MAY DISMISS THE PETITION FOR

public prosecutor regarding the
presence of probable cause
( Alcaraz vs. Gonzalez Sept. 20,
REVIEW MOTU PROPRIO OR UPON 2006 ) (Policy of non-interference,
MOTION on any of the ff grounds:
1. That the petition for review was filed
beyond the period prescribed
EXE: Rule 65)

RULE 65 AS PROPER REMEDY

2. That the prescribed procedure and as the determination of probable
the requirements provided in cause during the PI, the Executive
Department Circular No. 70 were not branch of the government has full
complied wig discretionary authority... dependent
3. That there's no showing of any on the sound discretion of the
reversible error Investigating Prosecutor and
4. That the appealed resolution is ultimately, that of the Sec. of
interlocutors in nature, except when it Justice.
suspends the proceedings based on HENCE: grave abuse of
the alleged existence of a prejudicial discretion amounting to lack
question or excess of jurisdiction is
5. T h a t t h e o ff e n s e h a s a l r e a d y only the available round,
prescribed which calls for the application
6. That there are other legal and factual of Rule 65.

grounds that exist to warrant a
dismissal.




CAUTION: This note was made by a boy who has much spare time to doodle. Sadly, he is mere mortal and definitely not an expert on the
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THE AWESOME NOTES

APPEAL TO THE OFFICE OF THE OPTIONS AVAILABLE TO A RTC

PRESIDENT GAINST THE RESOLUTION UPON FILING OF THE COMPLAINT
OF THE SEC. OF JUSTICE OR INFO
(Ong vs. Genio Dec. 23, 2009)
IS AVAILABLE ONLY 1. Dismiss the case if the evidence on
WHEN THE FF REQ. ARE PRESENT record clearly failed to establish
1. The offense involved is punishable by probable cause
reclusion to death 2. If the RTC finds probable cause,
2. New and material issues are raised issue warrant of arrest; and
which were not previously presented 3. In case of doubt as to the existence
before the DOJ and were not hence, of probable cause, order the
ruled upon prosecutor to present additional
3. The prescription of the offense is not evidence within 5 days from notice,
due to lapse within 6 mos from notice the issue to be resolved by the
of the questioned resolution; and court within 30 days from the filing
4.

The appeal or petition for review is
filed within 30 days from notice. of the information

WITHDRAWAL OF THE INFORMATION

IF AVAILABLE AND THEREAFTER ALREADY FILED IN COURT


DENIED BY THE OP

REMEDY: RULE 43 to CA


ISSUE: whether the trial court acting on a
motion to dismiss a criminal case filed by the
WITHIN 15 DAYS Provincial Fiscal upon instruction of the Sec
from notice of the final order of the of Justice to whom the case was elevated for

OP review, may refuse to grant the motion and

insist in the arraignment and trial on the
DENIAL; REMEDY:

RULE 45 to SC
merits? ( Crespo vs. Mogul 151 SCRA 462 )

RULING: YES
Read: De Ocampo vs sec of Justice Jan. Once a criminal complaint or information is

25, 2006

RECORDS SUPPORTING THE

filed in court, any disposition of the case or
dismissal or acquittal or conviction of the
accused rests within the exclusive
INFORMATION OR COMPLAINT FILED IN jurisdiction, competence and discretion of the
COURT trial court. Required to make an independent

see Sec. 7a Rule 112

NOTE: while said record shall not form part of

evaluation and assessment of the merits of
the case and the evidence on record of the
prosecution.
the record of the case Although the fiscal retains the direction
HOWEVER, the court, on it's own initiative and control of the prosecution of
or on motion of any party, may order the criminal cases even while he case is
production of the record or any of it's part already in court, he cannot impose his
when the court considers it necessary in opinion on the trial court. And while the
the resolution of the case or any incident secretary of justice has the power to
therein, or when it is introduced as an alter or modify the resolution of his
evidence in the case by the requesting subordinate and thereafter direct the

party.

VI. ACTION OF THE JUDGE UPON THE

withdrawal of the case, he cannot,
however, impose his will on the court.




FILING OF THE COMPLAINT OR
INFORMATION

WITHIN 10 DAYS from the filing of the

complaint or information
the judge shall personally evaluate the
resolution of the prosecutor and shall look

into its supporting evidence

AND SHALL EITHER

1. Dismiss the case - if the evidence on
record clearly fails to establish
probable cause
2. Issue warrant of arrest/ commitment

order - if he finds probable cause

IF THE JUDGE DOUBTS THE

EXISTENCE IF PROBABLE CAUSE
2. the judge may order the prosecution
to submit additional evidence within 5
days from notice
3. and issue must be resolved within 30
days from the filing of the complaint

or information.

CAUTION: This note was made by a boy who has much spare time to doodle. Sadly, he is mere mortal and definitely not an expert on the
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 CRIMINAL PROCEDURE
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23
THE AWESOME NOTES

PROCEDURE AFTER THE ISSUANCE OF

ARREST, SEARCH AND WARRANT OF ARREST
SEIZURE Upon its delivery to the proper law
enforcement agency for execution
1. The head office to whom the warrant of
ARREST arrest wash delivered shall cause the
18. is the taking of the person into custody in warrant to be executed within 10 days
order that he may be bound to answer for from its receipt.
the commission of an offense. 2. The officer to whom it was assigned for
19. implies control over the person under execution shall make a report to the
custody and ,as a consequence, a restraint judge who issued the warrant---
in his liberty to the extent that he is not free within 10 days from its expiration.


to leave on his own volition. In case he fails to execute the

warrant- he shall state the reason
HOW MADE
1. a person need not be actually restrained
by the person making the arrest, as a
for non-execution.

WHEN WARRANTLESS ARREST PROPER


submission to the custody of the person A peace officer or a private person may,
making the arrest already constitute an without warrant, arrest a person when:
arrest. (see SEC 5. RULE 113)
2. WHEN ARREST IS MADE BY VIRTUE OF 1. IN FLAGRANTE
A WARRANT - in his presence, the person to be
- the officer shall: arrested has committed, is actually
a. Inform the person to be arrested of committing, or is attempting to commit
the cause of his arrest; and an offense.
b. inform him of the fact that a warrant 2. HOT PURSUIT
has been issued for his arrest
 - when an offense has just been
EXE: the information need not be committed, and he has a a probable
made when the person to be cause to believe based on personal
arrested: knowledge of facts or circumstances
1. flees that the person to be arrested has
2. forcibly resists; or committed it.
3. the giving of the information will 3. ESCAPEE
imperil the arrest - when the person to be arrested is a
3. The officer need not have the warrant in prisoner who has escaped from a penal
his possession at the time of the arrest.
 establishment or place where he is
HOWEVER; after the arrest, the warrant serving final judgment or is temporarily
shall be shown to him as soon as confined while his case is pending, or
practicable, if the person arrested so has escaped while being transferred
requires. from one confinement to another
4. The officer assigned to execute the 4. When a person previously lawfully
warrant of arrest has the duty to deliver the arrested escapes or is rescued.
person arrested to he nearest police - any person may immediately pursue or
station or jail without unnecessary delay. retake him without warrant at any time
5. No violence or unnecessary force shall be and in any place within the Philippines.
used in making an arrest. The person shall 5. A bondsman may arrest an accused for
not be subjected to a greater restraint than the purpose of surrendering him to the
is necessary for his detention. court

~ see: sec 10, 11, 12 of Rule 113 6. An accused released on bail, who
attempts to depart from the Philippines
REQUISITES FOR ISSUANCE OF A
WARRANT OF ARREST
shall be issued only upon
without permission of the court.

2 REQUISITES OF INFLAGRANTE
%L. Finding of probable cause DELICTO
%L. Personally determined by the judge 1. The person to be arrested must execute
%L. After examination under oath or affirmation an overt act indicating that he has just
of the complainant and the witnesses he/ committed, is actually committing, or is
she may produce; and attempting to commit a crime; and
%L. Particularly describing the person to be 2. Such overt act is done in the presence

seized

NOTE: hence; the judge is not bound by

or within the view of the arresting officer.

2 REQUISITES OF HOT PURSUIT

the findings of the prosecutor as the 1. An offense has just been committed
existence of probable cause. 2. The person making the arrest has
Also, judge need not personally personal knowledge of facts indicating
examine the complainant and his that the person to be arrested has
witnesses at all times. Instead, he
may opt to personally evaluate the
report and supporting documents
committed it.

Note: does not require that the arresting

submitted by the prosecutor, or he officer to personally witness the commission
may disregard the prosecutor's report of the offense with their own eye.
and require the submission of - "personal knowledge of facts" must

supporting affidavits of witnesses. be based on probable cause, which

means an actual belief or reasonable
ground of suspicion---
That probably guilty of the offense
committed and supported by strong
circumstances to create such probability
of guilt, coupled with good faith on the

part of the arresting officer.

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THE AWESOME NOTES

CUSTODIAL INVESTIGATION; expanded

METHOD OF ARREST WITHOUT WARRANT concept
1. ARREST BY AN OFFICER
 - practice of issuing an invitation to a
The officer shall inform the person to be person who is investigated in connection
arrested of his with an offense he is suspected to have
- authority; and committed, without prejudice to the
- the cause of his arrest liability of the inviting officer for any
Exe: The information need not be given IF
- the person to be arrested is engaged
in the commission of an offense;
violation of law.

PENALTIES UNDER RA 7438

- is in the process of being pursued 1. Any arresting officer or investigating
immediately after its commission officer who fails to inform any person
- escapes or flee; arrested, detained or under custodial
- forcibly resist before the office has the investigation of his right to remain silent
opportunity to inform him; or and to counsel
- when the giving of such information shall suffer a penalty consisting of
will imperil the arrest 2. FINE- 6k
1. ARREST BY A PRIVATE PERSON
 3. IMP- not less than 8 yrs but not
he shall inform the person to be arrested more than 10 yrs; or
not of his authority but 4. BOTH
- his intention to arrest him; and 1. Any person who obstruct, prevents or
- the cause of his arrest. prohibits any lawyer or any member of
Exe: same exceptions as enumerated the immediate family of a person

above

TIME OF MAKING AN ARREST

arrested, detained or under custodial
investigation or those who under the law
are entitled to visit such person
- made on any day and at any time of the shall suffer the penalty of

day or night

RIGHT OF PERSON ARRESTED (RA 7438)

-
-
FINE- 4k and
IMP- not less than 4 yrs but not
more
Right of the person arrested, detained or under
custodial investigation are the ff:
1. The right to be assisted by counsel at all
- than 6 yrs

RIGHTS OF PERSONS UNDER

times CUSTODIAL INVESTIGATION; CUSTODIAL
2.
3.
the right to remain silent
The right to be informed of the above
rights

INVESTIGATION REPORT

REQUISITES FOR VALID CUSTODIAL

4. The right to be visited by the immediate INVESTIGATION
members of he family,by his counsel, or by 1. the report shall be reduced to writing by

any non-governmental organization,
national or international.
2.
the investigating officer

if the person arrested or detained does

CONSEQUENCE OF THE FF RIGHTS not know how to read and write
1. The counsel must be one who is - it shall be read and adequately
independent and competent. explained to him by his counsel or
- allowed to confer at all times with the by the assisting counsel in the
person arrested, detained, or under language or dialect known to such

-
custodial investigation.

if such person cannot afford the

-
arrested or detained person
this is to be done before the report
is signed
service of his counsel, he must be IF NOT DONE;
provided by the investigating officer The investigation report shall be null and

2.
with a competent and independent
counsel.
In the absence of a lawyer, NO custodial 3.

void and of no effect whatsoever

The person arrested shall be assisted

investigation shall be conducted and the
suspected person can only be detained by
the investigating officer in accordance with

by a counsel

OTHERWISE
the provision of Art. 125 of the RPC. No custodial investigation shall be
- any waiver of the provision of Art. 125 conducted and the suspected person
RPC shall be in writing and signed by can only be detained by the
the person arrested, detained or investigating officer in accordance with
under custodial investigation in the the provisions of Art. 125 RPC.
presence of his counsel. PURPOSE: To curb the police-state
OTHERWISE, the waiver shall be null practice of extracting confession that
and void and without effect. leads suspects to make self
3. Any extra-judicial confession made shall
also be in writing and signed by the person
arrested, detained or under custodial

incriminating statement

THIS INCLUDES THE FF RIGHTS

investigation in the presence of his - to have a competent and
counsel, or in the latter's absence, upon a independent counsel, preferably of
valid waiver, and in the presence of any of his own choice
the parents, older brother and sisters, his - to be informed of his right to
spouse, the municipal mayor, the counsel
municipal judge, district school supervisor, - to reject the counsel provided for
or priest or minister of the gospel as him by the police authorities
chosen by him. NOTE: A lawyer who notarized a
OTHERWISE, such extrajudicial confession is not the kind of legal
confession shall be I admissible as assistance contemplated by the

evidence in any proceeding.

law.

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THE AWESOME NOTES

THE FF LAWYERS CANNOT BE EFFECT OF ILLEGAL ARREST ON

ASSIGENED TO THE SUSPECT JURISDICTION OF THE COURT
a. those directly affected by the case - it affects the jurisdiction of the court over
b. those charged with conducting PI or the person of the accused
c. those charged with the prosecution of - this may however be waived by failure

the crime

NOTE:
to make timely objection. BUT, such
waiver does not constitute a waiver to
the in admissibility of evidence seized
Mere inquiry on the commission of a crime
by law enforcement authorities does not
automatically trigger the application of the
during illegal arrest.

EFFECT OF ADMISSION TO BAIL ON

right to counsel. OBJECTIONS TO AN ILLEGAL ARREST
Only after the inquiry ceased to be a - an application for an admission to
general inquiry into an unsolved bail shall not bar accused from
crime and begins to focus on a challenging the validity of his arrest

particular suspect

NOTE: POLICE LINE-UP not part of the

or the legality of the warrant
issued, PROVIDED that he raises
the objection before he enters his
custodial inquest
Since the accused at that stage is not yet being
investigated. In the line-up, the right to counsel
plea.

WAIVER OF THE ILLEGALITY OF THE

not yet attach.

NOTE: BRGY. CHAIRMAN IS NOT DEEMED A

ARREST;
Effect on illegal arrest
- when failure to raise by filing a motion to
LAW ENFORECMENT OFFICER quash at any time before he enters his
THUS; a suspect’s uncounselled statement plea

before the brgy. Chairman is admissible - since illegality of arrest only creates a
defect on the jurisdiction of he court
over the person of the accused, such
can be cured when the accused
voluntarily submits himself to the

jurisdiction of the trial court.

This transpire when the accused enters

his plea during arraignment.

PERSONS NOT SUBJECT TO ARREST

1. Sec. 11 Art. VI CONSTI

- a senator, member of the HR shall, in
all offense punishable by not more
than 6 yrs imprisonment, be
privileged from arrest while the
Congress is in session.
2. Under generally accepted principles of
international law
- sovereigns and other chief of state,
ambassadors, ministers
plenipotentiary, minister resident, and
charge d'affaires are immune from the
criminal jurisdiction of the country of
their assignment and are therefore
immune from arrest.
3. RA 75
- prohibits the arrest of duly accredited
ambassadors, public ministers of a
foreign country, their duly registered
domestic helpers, subject to the

principle of reciprocity.

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THE AWESOME NOTES

APPLICATION FOR SEARCH WARRANT;

SEARCH AND SEIZURE

WHERE TO FILE.

GEN. RULE:
NATURE OF SEARCH WARRANT The application for search warrant shall be
- a search warrant is an order in writing filed before any court within whose territorial
issued in the name of the People of the jurisdiction a crime was committed.
Philippines, signed by a judge and directed EXE:
to a peace officer, commanding him to 1. The application may be made before
search for personal property described any court within the judicial region
therein and bring it before the court. where the crime was committed if the
- not as a criminal action nor place of the commission of the crime is
commencement of the criminal known
prosecution. It is solely for the discovery 2. The application may also be filed before
and to get possession of personal property

CONSTITUTIONAL PROVISION
any court within the judicial region
where the warrant shall be enforced
NOTE: in the 2 instances, it
1. Sec. 2 Art. III requires a compelling reason
The right of the people to be secure in their stated in the application
persons, houses, papers and effects against 3. The application shall be made only in
unreasonable search and seizures of whatever court where the criminal action is
nature and for any purpose shall be inviolable, pending, if the criminal action has
And no search warrant or warrant of
arrest shall issue except upon
probable cause to be determined
already been filed.

SEARCH WARRANTS INVOLVING CRIMES

personally by the judge after AND OTHERS
examination under oath or affirmation RULE 126 SEC. 2 modified by A.M.
of the complainant and the witnesses 99-20-09-SC (Jan. 25, 2000)
he may produce, and particularly In case involving heinous crime, illegal
describing the place to be searched gambling, dangerous drugs and illegal drugs
and the person or things to be seized. and illegal possession of firearms
2. Sec. 3 par. 2 Art. III the Executive Judge and Vice Executive
Any evidence obtained in violation of this or the Judge of the RTC of Manila and QC
preceding section shall be in admissible for any filed by
purpose in any proceeding.

- PNP,


- NBI,

ARREST VS. SEARCH AND SEIZURE


the rule on arrest are concerned with the

- Presidential Anti-organized crime
Task Force (PAOC-TF),
- Reaction Against Crime Task Force
seizure of a person. It involves taking of a (REACT-TF)'

person in custody

a probable cause to arrest does not necessarily

the application to be personally
endorsed by the Head of the said
involve a probable cause to search and vice agencies

versa

It involves a different determination, as the

EX PARTE APPLICATION FOR SEARCH
WARRANT
An application for search warrant is heard ex
judge must have sufficient facts in hands that
would tend to show that a crime has been
committed and that a particular person

parte. it is neither a trial nor a part of the trial.

PROPERTY SUBJECT OF A SEARCH

committed it. WARRANT
- personal examination by the judge is The property subject of a search warrant is
not necessarily required. personal property, not real property. A search
- arrest may be made at any day, at warrant may be issued not only for the search
any time of he dat or night.

SEARCH AND SEIZURE

but also for the seizure of the ff:
1. Personal property subject of the offense
2. Personal property stolen or embezzled
- the rules on searches and seizures cover a another proceeds, or fruits of the
wider spectrum of matters on the search of offense; or
both persons and places and the seizure 3. Personal property used or intended to
of things found therein. be used as a means of committing an
- probable cause is determined by the offense.
prosecutor, which requires facts to show REQ:
that the particular things connected with a only personal properties described in
crime are found in a specific location. the search warrant may be seized.
- the judge must, before issuing the search Pwede described in a generic term,
warrant, personally examine the however, the generic word will usually
complainant and the witnesses he may be limited to things of similar nature with
produce in determine probable cause. those particularly enumerated.
- search warrant is generally served in the OTHERWISE, the police officer
day time, would exercise discretion in
UNLESS there be a direction in the implementing the said warrant,
warrant that it may be served at any which would result to a fishing
time of the day or night. expedition to confiscate any and all
kinds of evidence or articles
relating to a crime.

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THE AWESOME NOTES

REQUISITES FOR THE ISSUANCE OF A - WON the description is sufficient to

SEARCH WARRANT enable the officer to locate and
1. There must be a probable cause in identify the premises with
connection with one specific offense reasonable effort, and whether
2. The presence of probable cause is to be there is any reasonable probability
determined by the judge personally. that another premises may be
3. The determination by the judge must be mistakenly searched and not the
made after an examination under oath or one intended to be searched under
affirmation of he complaint and the the warrant.
witnesses he may produce. - NOT that the description is
4. The warrant must specifically describe the
place to be searched and the things to be
seized which may be anywhere in the
technically accurate in every detail.

PARTICULAR DESCRIPTION OF THE

Philippines.
 ITEMS TO BE SEIZED; GENERAL
OTHERWISE: search warrant issued shall WARRANTS
be null and void, and ground for its The provision requiring particular description

quashal.

PROBABLE CAUSE IN SEARCH WARRANT

is in order to avoid general search and avoid
the seizure of a thing not described in the
warrant and also so nothing is to be left to the
2. Such facts and circumstances which would
lead a reasonably discreet and prudent
man to believe that an offense has been

discretion of the officer executing the warrant.

"Meaningful Restriction"
committed and that the object sought in is one that leaves nothing to the
connection with the offense are in the discretion of the officer who conducts
place to be searched. the search.
3. the probable cause here does not mean SUCH AS
actual and positive cause, nor it import 1. Description therein is as specifics
absolute certainty as the circumstances will ordinarily
REQ FOR THE APPLICANT allow
- The applicant or his witnesses must 2. Expresses a conclusion of fact- not
have personal knowledge of the law- by which the peace officer
circumstances surrounding the may be guided in making the
commission of the offense being search and seizure.
complained of. 3. Limits the things to be seized which
- mere "reliable information" is not bear direct relation to the offense

enough.

H O W T H E E X A M I N AT I O N S H A L L B E
for which the warrant is being
issued.
CONDUCTED BY THE JUDGE OWNERSHIP OF PROPERTY SEIZED NOT
In addition to the requirements set down by REQUIRED
Sec. 4 Rule 126: - the law does not require that the
1. The examination must be personally property to be sized should be
conducted by the judge owned by the person against whom
2. The examination must be in the form of the search warrant is directed. It is
searching question and answer sufficient that the person against
3. The complainant and the witnesses shall whom the warrant is directed has
be examined on those facts personally control and possession of the

4.
known to them
The statements must be in writing and
under oath; and
property sought to be seized.

EXTENT OF THE SEARCH

5. The sworn statements of the complainant
and the witnesses, together with the
affidavits submitted, shall be attached to

must be reasonable

TEST OF REASONABLENESS

the record.

SEARCHING QUESTION AND ANSWER

1.

2.
The object of he search must be the one
properly described in the warrant.
Search is limited only to a particular
2. the examination must be probing and place described therein. But it will
exhaustive, not merely routinely, include all the things attached to or

3.
general and peripheral, perfunctory or
pro forma.
the judge must not simply rehash the
annexed thereto.

SEARCH OF THIRD PERSONS NOT

contents of the affidavits but must
make his own inquiry on the intent
NAMED IN THE WARRANT

and jurisdiction of the application.

PARTICULAR DESCRIPTION OF PLACE OR

GEN RULE:
Warrant to search a place does not extend to
he authority to search all persons in the place
PERSON because the police have no probable cause
The Description is Sufficient IF to search and detain person not
the officer with the warrant can, with particularized in the warrant.
reasonable effort, ascertain and identify EXE:
the place intended and distinguished it When the officer has no knowledge that the

from other places in the community.

FOR WARRANT OF ARREST

same belongs to a third person.

ISSUANCE AND FORM OF THE SEARCH

- WON the person has been sufficiently WARRANT
described with particularity sufficient The warrant shall be issued when
to identify him with reasonable - the judge is satisfied of he existence of
certainty. facts upon which the application is
- even if the name is unknown or based or that there is a probable cause t

erroneously stated.
believe that they exists.

FOR SEARCH WARRANT

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THE AWESOME NOTES

DURATION OF THE VALIDITY OF SEARCH (Sec. 11 Rule 126), and shall require
WARRANT that the property seized be delivered to
a search warrant shall be valid for 10 DAYS him. The judge shall also see to it that
from its date. the delivery of the property seized and

thereafter; is shall be void

TIME OF MAKING THE SEARCH


true inventory has been complied with
(Sec. 12a Rule 126).

The warrant shall be served in the DAYTIME DUTY OF THE CUSTODIAN OF THE LOG
and such fact must be so directed by the BOOK
warrant. The return on the search warrant shall be
HOWEVER; if the affidavit assert that filed and kept by the custodian of the log
- the property is on the person or in the book on search warrant who shall enter
please ordered to be searched, therein
the warrant may insert a direction that it - the date of the return
may be served at any time of the day or - the result; and
night. - other actions of the judge.

# such (but) is subject to judicial discretion.

MANNER OF MAKING THE SEARCH

NOTE: any violation shall constitute contempt

of court.

1. The search shall be made in the presence OBJECTION TO ISSUANCE OR SERICE

of the lawful occupant of the house, room OF WARRANT
or any other premises, or any member of TIMEFRAME
the lawful occupant's family. In the - before he enters his plea
absence of the latter, the search shall be - OTHERWISE; the objection is deemed
made in the presence of 2 witnesses of
sufficient age and discretion residing in the
same locality.
waived.

WHERE TO FILE MOTION TO QUASH A

2. The officer seizing the property must give SEACH WARRANT ORNTO SUPPRESS
a detailed receipt for the same to the lawful EVIDENCE
occupant of the premises in whose - FILED and acted upon only by the court
presence the search and seizure was where the action has been instituted.
made, or in the absence of such occupant, - OR if no criminal action has been
must, in the presence of at least 2 instituted; the motion may be filed in and
witnesses of sufficient age and discretion resolved by the court that issued the
residing in the same locality, leave a search warrant.
receipt in the place in which he found the - IF such court failed to resolve the

seized property.

RULE IF THE OFFICER IS REFUSED

motion and a criminal case is
subsequently fielding another court, the
motion shall be resolved by the latter
ADMITTANCE; " KNOCK AND ANNOUNCE
RULE"
The officer may break open any outer or inner
court.

WHO MAY ASSAIL THE ISSUANCE OF A

door or window of a house or any part of a SEARCH WARRANT
house or anything therein, By party whose rights have been impaired
PROVIDED the following requisites are thereby
complied with: - as the objection to an unlawful
1. The officer gives notice of his purpose search and seizure us purely
and authority personal and cannot be availed of
2. He is refused admittance to the place
of directed search despite the notice;
and
by third parties.

PETITION FOR CERTIORARI FOR

3. The purpose of breaking is to execute UNWARRANTED QUASHAL OF A SEARCH
the warrant or to liberate himself or WARRANT
any person lawfully aiding him when as a proper recourse, as such constitute

unlawfully detained therein.

DUTIES OF THE OFFICER AFTER THE

grave abuse of discretion

EXCEPTION TO THE SEARCH WARRANT

SEARCH AND SEIZURE; DELIVERY AND REQUIREMENT
INVENTORY 1. Warrantless search incidental to a lawful
1. The officer must forthwith deliver the arrest
property seized to the judge who issued 2. Plain view
the warrant 3. Search of moving vehicle
2. The officer must, together with the delivery 4. Consented warrantless search
of the property also deliver a true inventory 5. Customs search
of the property seized. Such inventory 6. Stop and frisk or Terry Searches
must be duly verified. 7. Exigent and emergency circumstances
NOTE: in case of violation, shall constitute 8. Search if vessels and aircraft; and

contempt of court. 9. Inspection of buildings and other
premises for the enforcement of fire,
DUTY OF THE JUDGE; RETURN AND
OTHER PROCEEDINGS sanitary and building regulations

The judge issuing the search warrant has the

following duties
1. The judge who issued the warrant shall
I.
ascertain if the return has been made. He
shall do so 10 days after the issuance of
the search warrant.
2. If no return has been made, the judge shall
summon the person to whom the warrant
was issued and require him to explain why
no return was made.
3. If he return was made, the judge shall
ascertain whether the giving of the receipt
for the property seized was complied with

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THE AWESOME NOTES

II. SEARCH AS INCIDENT TO A warrant a man of reasonable

LAWFUL ARREST caution in the belief that the
object is evidence of a crime.
Sec. 13 Rule 126 4. "plain view" justified mere seizure
- a person lawfully arrested may be of evidence without further search.
searched for ILLUSTRATION
• dangerous weapons or 2. if inside a package, it cannot
• anything which may have been be said that the illegal
used or contents thereof is in plain
• constitute proof in the view and be subjected to a
commission of an offense warrantless search. However,
without a search warrant

NOTES:

if the package is such that an
experienced observer could
infer from its appearance that
# it presupposes a previous lawful it contains the prohibited
arrest. The search and seizure must article, then the article is
be contemporaneous with the lawful deemed in plain view.
arrest, which either may, at or "INADVERTENCE"
immediately after of such arrest, and REQUIREMENT UNDER THE
must be within the place where the PLAIN VIEW DOCTRINE
accused was arrested.
 officer must not have known in
# that the thing seized is not only advance of the location of the
limited to the things which are used in evidence and discovery is not
the commission of the offense

S C O P E O F T H E WA R R A N T L E S S
anticipated

Hence; not valid if the discovery is
not accidental but actually
SEARCH
Not only on the person of the suspect, but
also
searched for it.

III. MOVING VEHICLES


-

-
within the permissible area within the
latter's reach or immediate control.
which means: area from within which

JUSTIFICATION
he might gain possession of a as it is not practicable to secure a

weapon or destructible evidence.

NOTE:

warrant because the vehicle can be
quickly moved out of the locality or
jurisdiction in which the warrant must be
Hence; pwede yung nasanilalim ng
table but no longer dun sa a parador
na naka padlock.

sought.

# a vehicle flagged down and

# covers all unlawful articles in his extensively search; VALID
person and within his immediate 3. as long as the officers conducting
control. the search have reasonable or
# not required that the thing seized probable cause to believe prior to
must be in the actual possession of the search that they would find the
the person lawfully arrested. Enough instrumentality or evidence
that he has constructive control over pertaining to a crime in the vehicle

the same.
to be searched,

CHECK POINTS
II. PLAIN VIEW
RATION
Permits an officer, while lawfully engaged
4. under exceptional circumstances,
in an activity and lawfully present in a
as where the survival of organized
particular place, to seized an apparently
government is on the balance, or
illicit object without first obtaining a warrant
where the lives and safety of the

authorizing him to do so, in public view.

ELEMENTS
people are in grave peril,
checkpoints may be allowed and
1. A prior valid intrusion based on the
valid warrantless arrest in which the
installed by the government.

S E A R C H I S VA L I D A S A
police are legally present n the
CONSEQUENCE; SO LONG AS
pursuit of their official duties
5. the vehicle is neither searched nor
2. if by virtue of a warrant and he
it's occupants subjected to a body
thing seized is not one of those
search, and the inspection of the
described in the warrant, the
vehicle is limited to a visual search
State is required to adduce
said routine check cannot be
evidence, testimonial or
regarded as violative of an
documentary, to prove the
individuals' right against
confluence of the essential
unreasonable search.

requirement for the doctrine to
apply among which is that the
officer must discover

incriminating evidence
inadvertently.

2. The evidence was inadvertently
discovered by the police who have

3.
the right to be where they are
The evidence must be immediately

apparent; and
- officer have probable cause to
believe that the object is
evidence of a crime
- such facts and circumstances
within the officer's knowledge
and of which he had reasonably
trustworthy information are
sufficient in themselves to

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THE AWESOME NOTES

BUY BUST OPERATION; WARRANT NOT the offer to purchase, he promise or

NEEDED payment of the consideration until the
consummation of the sale by the
BUY BUST OPERATION- delivery of the illegal drug subject of the
6. is a form of entrapment legally employed
by the peace officer as an effective way f sale.

apprehending drug dealers in the act of

committing an offense.
7.

no need of warrant of arrest, as the
accused is caught in flagrante delicto

ENTRAPMENT

INSTIGATION
EFFECT OF ABSENCE OF PRIOR
SURVEILLANCE BEFORE A BUY- BUST
OPERATION
- does not affect the legality of the buy-
bust operation.
- the court has left to the discretion of
police authorities the selection of
effective means to apprehend drug
is the employment of
such ways and
means for the
is the means by
which the accused is
lured into the
dealers.

EFFECT OF ABSENCE OF RECORD IN

purpose of trapping commission of the POLICE BLOTTER
or capturing a offense charged in - the non recording of he buy-bust money
lawbreaker. order to prosecute in the police blotter will not affect the
him. validity of he operation.
- as neither law nor jurisprudence
requires that the buy-bust money be

criminal intent

presupposes that the
-
entered in the police blotter.
further, not essential, as it is not an
element of illegal sale of dangerous
originates in the mind
of the accused.
criminal intent to
commit an offense
drugs.

IV. CONSENTED SEARCHES

originated from the
inducer and not the
accused who had no
REQUISITES
intention to commit 1. Must be voluntary
the crime and would 2. Must be unequivocal, specific and
not have committed it intelligently given
were it not for the 3. Uncontaminated by any duress or
initiatives by the coercion.
inducer. 4. Sown by clear and convincing
evidence. It cannot be inferred.
FURTHER
1. It must appear that the right

The law enforcement

law enforcer acts as
2.
exists
the person involved had
knowledge, either actual or
official merely active co-principal constructive, of the distance
facilitate the of such right; and
apprehension of the 3. The said person had an actual
criminal by employing
rues and schemes. intention to relinquish the right

BURDEN OF PROOF
- lies on the State, to show clear

does not bar the

leads to the acquittal
and convincing evidence

V. TERRY SEARCH OR STOP AND

prosecution and of the accused. FRISK
conviction.

A VA L I D S T O P B Y A N O F F I C E R
REQUIRES

A P P L I C A B L E T E S T I N A B U Y- B U S T
that he has a reasonable and articulable
belief that criminal activity has happened or is
about to happen.

OPERATION;

SUBJECTIVE VIEW
THE FRISK MADE AFTER THE
STOP
must be done because of a
8. focus is on the intent or predisposition of reasonable belief that the person

the accused to commit a crime,

OBJECTIVE VIEW
stopped is in possession of a
weapon that will pose a danger to
he officer and others. It must be a
9. the primary focus is on the particular mere pat down outside the person'
conduct of law enforcement officials or outer garment and not

their agents and the accused's
predisposition becomes irrelevant. unreasonably intrusive.

DUAL PURPOSE
PHILIPPINES FOLLOWS OBJECTIVE VIEW 1. The general interest of effective crime
10. demands that the details of the purported prevention and detection; and
transaction must be clearly and adequately 2. The safety of the police officer to take
shown. steps to assure himself that the person
11. this must start from the initial contract with whom he deals is not armed with a
between the poseur-buyer and the pusher,

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 !
31

deadly weapon that could be used against

him.
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32
THE AWESOME NOTES

GIST
2. valid despite the lack of a probable
cause to make a full scale arrest.

enough that there is "reasonable
belief" (genuine reason in Phil) and in
the light of the officer's experience
and the surrounding circumstances,
that a crime has either taken place or
is about to take place, and the person
to be stopped is armed and
dangerous.
3. genuine reason must be based on
"specific and articulable facts" and not
merely upon the officer's bare

suspicion or hunch.

REQUIRES; Aside from Genuine Reason

1. That the police officer should properly
introduce himself and make initial
inquires,
2. Approach and restrain a person who
manifest unusual and suspicious
conduct, in order to check the latter's
outer clothing for possible concealed
weapon.

+++

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THE AWESOME NOTES

BAIL IN DEPORTATION PROCEEDINGS

GEN RULE:
BAIL alien in deportation proceedings, as a rule,

BAIL
have not inherent right to bail.
EXE:
The Commissioner of Immigration is
- is the security given for the release of a granted the power and discretion to
person in custody of the law, grant bail in deportation proceedings,
- furnished by him or a bondsman, but does not grant to aliens the right to
to guarantee his appearance before any
-
court as required under certain specified
be released on bail.

conditions

PURPOSE
HENCE; THE RIGHHT TO BAIL IN
DEPORTATION PROCEEDING
- is merely permissive and not
To guarantee the Appearance of a person mandatory or obligatory on the part

before any court when as required. of the Commissioner.
NATURE
- a constitutional right

- discretionary on their part.

NOTE: since deportation proceedings

- a personal right, thus, waivable. do not constitute criminal action, and an
- springs from the presumption of order of deportation is not punishment
innocence. for a crime, the right to bail guaranteed
- not intended cover civil liability of the by the Constitution may not be invoked
accused in the same criminal case, as its

purpose is to guarantee his appearance. by an alien in said proceedings.

WHO FURNISHES THE BAIL

EXE: It may be considered for the 1. By the applicant himself; or
payment of fines and costs and he excess
if any shall be returned to he accused or to
2. By a bondsman

whoever made the deposit.

CONSTITUTIONAL BASIS OF THE RIGHT TO

O B L I G AT I O N A N D R I G H T O F T H E
BONDSMAN; ARREST WITHOUT

BAIL
WARRANT

1. The bondsman shall surrender the

ART. III SEC. 13 CONSTI accused to the court of execution of the final
All persons, except those charged with
-
offense punishable by reclusion (note;
rules of court adds life imprisonment and

judgment.

FOR THE PURPOSE OF SURRENDERING

capital punishment) when the evidence of THE ACCUSED, THE BONDSMAN MAY
guilt is strong, shall before conviction, be
- arrest him, or upon written authority
bail able by sufficient suites. endorsed on a certified copy of the
- The right to bail shall not be impaired even undertaking, cause him to be arrested
when the privilege of the writ of haves by a police officer or any other person of
corpus is suspended.

- Excessive bail shall not be required. suitable age and discretion.

2. An accused released on bail may be re-

BAIL NOT AVAILABLE ; IN MILITARY arrested without the necessity of a warrant if
as the right to speedy trial is given more he attempts to depart from the Philippines
emphasis in the military where the right to bail without permission of he court where the

does not exists.

B A I L AVA I L A B L E I N E X T R A D I T I O N

case is pending.

PROCEEDINGS
 The authority of the bondsman to arrest or

extradition proceedings, the innocence of he cause the arrest of the accused springs
accused is not in issue. thus, the basis of the from the old principle
right to bail which is presumption of innocence that once obligation of bail is assumed, the
does not apply. Extradition proceedings are not bondsman or surety becomes
criminal n nature but Sui generics, a class in 1. the jailer of he accused; and
itself. Since it is not a criminal proceeding, it will 2. Is surrogates to all the rights and means
not call into operation all the rights of an which the government possesses to
accused under the Bill of Rights and does not
involve a determination of guilt or innocence.
HENCE; though the right to bail is
make his control over him effective.

available, it is not as a matter of right, but THE APPLICANT FOR BAIL MUST BE IN

subject to judicial discretion.

GEN RULE: no bail

CUSTODY

HENCE bail cannot be availed of by
someone outside the custody of the law.
EXE: REQUISITES Those persons who remain at large and
1. That once granted bail, the applicant fugitives of law.
will not be a flight risk r a danger to RATION:
he community; and To discourage and prevent the practice
2. That there exist special, humanitarian were the accused could just send
and compelling circumstances another in his stead to post his bail,
including, as a mater of reciprocity, without recognizing the jurisdiction of
those died by the highest court in the the court by his personal appearance.


requesting state when it grants 

provisional liberty in extradition class

therein.

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THE AWESOME NOTES

BAIL TO GUARANTEE APPEARANCE OF BASTA: PERSON MAY APPLY FOR BAIL

WITNESSES F R O M T H E M O M E N T T H AT H E I S
AS AN EXCEPTION TO THE RULE THAT BAIL DEPRIVED OF HIS LIBERTY BY VIRTUE
DOES NOT APPLY TO PERSON NOT IN O F H I S A R R E S T O R V O L U N TA RY

CUSTODY OF LAW

- BAIL IS REQUIRED
SURRENDER.
Provided; that his circumstance does not fall
under the exceptions.
to secure the appearance of a material HENCE; available even there is a
witness

2 INSTANCES pending motion to quash.

FORMS OF BAIL
4. When the court is satisfied, upon proof or 7. Corporate surety
oath, 8. Property bond
20. that a material witness will not testify 9. Cash deposit; or
when required,
21. The court may, upon motion of either
10. Recognizance

party order the witness to post bail in
such sure as may be deemed proper.
I.
CORPORATE SURETY

2. I n c a s e t h e o r i g i n a l c o m p l a i n t o r
information is dismissed on the ground
bail furnished by a corporation

Rule of Court provides:

that it becomes apparent at any time any domestic or foreign corporation
before judgment that mistake has been which is licensed as surety and
made in charging the proper offense authorized to act as such, may provide
- the court may require the witness to bail subscribed jointly by the accused
give bail for their appearance at the and an officer of the corporation duly

trial.

BAIL FOR THOSE NOT YET CHARGED


II.
authorized by the board of directors

PROPERTY BOND
AVAILABLE so long as, such person is already 2. is an undertaking constituted as
under the custody of the law. lien on the real property given as
NOTE, for right to bail to exist, it is not a
requirement that the person must be security for the amount of the bail.

charged first for an offense.

RULES OF COURT PROVIDES

PROCEDURE

W I T H I N 1 0 D AY S F R O M T H E
any person in custody who is not yet APPROVAL OF THE BOND
charged in court - the accused shall cause the
may apply for bail with any court in annotation on the certificate of title
the province, city or municipality on the file with the Registry of
where he is held. Deed.
In such instance, the Application shall be - if the land is unregistered, it is
Made annotated in the Registration Book
with any court in the province, city or on the space provided therefore in
municipality where the person the Registry of Deeds of the

arrested is held.

EFFECT OF FAILURE TO APPEAR AT

province or city where the land lies.

REGISTRATION IS LIKEWISE MADE

THE TRIAL ON THE
5. the failure of the accused to appear at corresponding tax declaration in the
the trial WITHOUT JUSTIFICATION, office of the provincial, city or municipal
DESPITE due notice assessor concerned.
- shall be deemed a waive of his right WITHIN 10 DAYS FROM THE
to be present PERFORMANCE OF THE ABOVE

6.
and he trial may proceed in absentia

The bondsman may arrest the

ACTS,
- the accused shall submit his
compliance to the court
accused for the purpose of FAILURE
surrendering the accused. The - shall be sufficient cause for
bondsman may also cause the the cancellation of the
accused to be arrested by a police property bond, his re-arrest
officer or any other person of suitable
age and discretion upon written and detention.

authority endorsed in a certified copy.

COURT CANNOT REQUIRE ARRAIGNMENT

BEFORE THE GRANT OF BAIL

RATION:
22. as otherwise, the accused will be
precluded from filing a motion to quash
which is to be done before arraignment.
23. if the information is quashed and the case
is dismissed, there would be no need for
the arraignment of the accused.
24. further, delay his release until his motion
can be resolved.
HENCE: it will undermine the constitutional right
of the accused not to be put on trial except
upon a valid complaint or information sufficient
to charge him with a crime and his right to bail.


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THE AWESOME NOTES

QUALIFICATIONS OF THE PROPERTY INSTANCES WHEN RECOGNIZANCE

BOND MAY BE ORDERED BY THE COURT:
%L. Each must be resident owner of real 1. When the offense charged is for
estate within the Philippines violation of an ordinance, a light
%L. Where there is only one surety, his felony, or a criminal offense the
real estate must be worth at peas the impossible penalty of which does
minimum amount of the undertaking; not exceed 6 mos imprisonment
and and/or 2k fine, under the
%L. If there are 2 or more sure ties, each circumstances provided in RA
may justify in an amount less than 6036.
that expressed in the undertaking but 2. Where a person has been in
the aggregate of the justified sums custody for a period equal to or
must be equivalent to the whole more than the minimum of the

amount of the bail demanded


ADD REQUIREMENTS:
impossible principal penalty,
without application of the ISLAW or
any modifying circumstance, in
1. Every Surety must be worth the which case, the court may also his
amount specified in his own release on his own recognizance,
undertaking over and above all or on a reduced bail, at the
just debts, obligations and discretion of the court.
properties exempt from 3. Where the accused has applied for
execution probation, pending finality of the
2. Every surety is also required to judgment but no bail was filed or he
justify by affidavit taken before accused is incapable of filing one.
the judge 4. In case of a youthful offender held
- that he possess the for physical and mental
qualifications of a surety examination, trial, or appeal, if he is
- describing the property unable to furnish bail and under
- and all relevant matters circumstances envisaged in PD
required to be so stated by 603 as amended.
the Rules of Court. 5. In summary procedure, when the
NOTE: no bail shall be approved accused has been arrested for

III.
unless the surety is qualified!

CASH DEPOSIT
failure to appear when required.
His release shall be either on bail
or on recognizance by responsible
The accused or any person acting in his
behalf may deposit in cash with the (Note;
the list is exclusive)
citizen acceptable to the court.

GUIDELINES IN FIXING THE AMOUNT OF

%L. Nearest collector of internal revenue BAIL
%L. Provincial, city or municipal treasure; The basic rule in fixing the amount of bail is
or that
%L. Clerk of Court where the case is - excessive bail shall not be required
pending, - enough to assure the presence of the
the amount of bail accused when such presence is
-
-
fixed by the court or
recommended by the prosecutor who required.

investigated or filed the case

The accused shall be discharged from

BASED ON, BUT NOT LIMITED TO THE FF
FACTORS:
%L. Financial ability of the accused to give
bail
custody UPON:
submission of the certificate of %L. Nature and circumstances of the offense
-
compliance with the requirements of %L. Penalty for the offense charged
%L. Character and reputation of the accused
the Rules of Court.

THE MONEY DEPOSITED SHALL BE

%L. Age and health of the accused
%L. Weight of he evidence against the
accused
- considered as bail
applied to the payment of fine and %L. Probability of the accused appearing at
-
the trial
costs
while the excess, if any, shall be %L. Forfeiture of other bail
-
returned to the accused or to %L. The fact that the accused was a fugitive
from justice when arrested
whoever made the deposit.
%L. Pendency of other cases where the
IV. RECOGNIZANCE
is a obligation of record entered into before
accused is on bail


NOTE:
some court or magistrate duly authorized
to take it, with the condition to do some If there is a high probability of flight
particular act, the most usual condition in - it confers to court no greater
criminal case being the appearance of the discretion than to increase the
accused for trial bond to such sum as would
- a person in custody may be released reasonably tend to assure the
on recognizance whenever allowed presence of he defendant when it
by law or by the Rules of Court. is wanted.
the release may either in the

- Provided, not excessive.
recognizance of the accused himself
or that of a responsible person.


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THE AWESOME NOTES

DURATION OF BAIL - and the judge is satisfied that there is

Shall be effective no necessity for placing the accused
- upon approval under custody,
- unless cancelled, shall remain in force at - he may issue summon instead of a
all stage of the case until promulgation of warrant of arrest.
judgment of he RTC 5. Under RA 6036 Sec. 1

IRRESPECTIVE OF whether the case was Bail shall not be required if a person - is
originally filed in or appealed to it.
 charged with a violation of a municipal
EXE: or city ordinance, a light felony and/or a
If the application for bail is granted, the criminal offense the prescribed penalty
accused may be allowed to continue on for which is not higher that 6 mos
provisional liberty during the pendency of imprisonment and/or fine of 2k persons
the appeal under the same bail. or both
PROVIDED: consent of the 2. where it is established that he is

bondsman

HENCE; IF DURING APPEAL

unable to post the required cash
binder bail bond.

IN SUCH INSTANCE
the right to bond is only applicable within
The person charged with any offense
the 15 DAY PERIOD TO APPEAL, AND
contemplated above shall be

NOT during the entire period of appeal
REQUIRED TO
1. sign n the presence of 2 witnesses
of good standing in the community
NO RELEASE OR TRANSFER OF PERSON
a sworn statement

IN CUSTODY; EXCEPTION

GEN RULE:
2. binding himself, pending final
decision of the case,
3. to report to the Clerk of Court
no person under detention by legal process
hearing his case periodically every
shall be released or transferred
two weeks
EXE:
4. A N D T H E C O U R T, I N I T ' S
1. Upon order of the court
DISCRETION AND WITH THE
2. When he is admitted to bail

CONSENT OF THE PERSON
CHARGED, REQUIRE FURTHER
BOND TO INSURE THE RETURN OF THE that he be placed under the
SEIZED ITEMS custody and the subject to the
An order requiring the owner of seized property authority of a responsible
- to file a bond citizen in the community who
- to ensure the return of the seized items may be willing to accept the

should the DOJ find probable cause
against it has no basis in law. responsibility.

In Such Instance
EFFECT OF AN ILLEGAL SEARCH AND - the affidavit herein mentioned shall
SEIZURE; FRUIT OF THE POISONOUS TREE include a statement of the person

DOCTRINE charged that he binds himself to
accept the authority of the citizen
CONSTI ART. III SEC. 3 (2)
- any evidence obtained in violation of this
or the preceding section shall be in
so appointed by the Court.

A N Y V I O L AT I O N O F T H I S
admissible for any purpose in any SWORN STATEMENT

proceeding.

CIVIL DAMAGES; CRIMINAL LIABILITY

- shall justify the court to order
his immediate arrest
EXE:
For the wrong inflicted b an improperly obtained 1. His failure to report is for
or enforced search warrant justifiable reason
- the aggrieved party have the right to seek including reasons

damages, by separate civil action.

For Criminal Liability; the following may be

2.
beyond his control; or
He files bail in the
amount forthwith fixed by
raised
%L. Violation of dormice (Art. 128 RPC)
%L. Search warrant maliciously obtained and
the court.

abuse in the service of those legally

obtained (Art. 129 RPC)
%L. Searching domicile without witness (Art.

139 RPC)

WHEN BAIL IS NOT REQUIRED

1. When the law or the Rules of Court so
provide.
2. When a person has been in custody for a
period equal to or more than the possible
maximum imprisonment prescribed for the
offense charged,
- he shall be released immediately, without
prejudice to the continuation of the trial or
proceedings on appeal
3. If the maximum penalty to which the
accused may be sentenced is destierro, -
he shall be released after 30 DAYS of
preventive imprisonment.
4. In case filed with the MTC or MCTC for an
offense punishable by imprisonment of
less than 4 yrs, 2 mos and 1 day

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THE AWESOME NOTES

EXE TO EXE: DISCRETION AND AFTER

WHEN EVEN THOUGH EXEMPTED STILL
REQUIRED TO POST BOND
1. When he is caught committing the offense
CONVICTION BY THE RTC

GEN RULE:
in flagrante delicto To the Trial Court
2. When he confesses to the commission of Even if notice of appeal has already
the offense unless the confession is later been filed
repudiated by him in a sworn statement or EXE:
in open court as having been extracted To be filed to the Appellate Court
through force or intimidation. when:
3. When he is found to have previously 1. When the trial court has
isolated the provisions of Sec. 2 of the law transmitted the original record
4. When he is found to have previously to the appellate court.
escaped from legal confinement, evaded 2. If the decision of the RTC
sentence or jumped bail convicting the accused
5. When he is found to be a recidivist or a changed the nature of the
habitual delinquent or has been previously offense from non-bailable to
convicted for an offense for which the law
nor ordinance attaches an equal or greater
penalty or for two or more offenses to
bailable.

WHEN APPLICATION FOR BAIL

which it attaches a lighter penalty. AFTER CONVICTION BY THE RTC
6. When he commits the offense while on SHALL BE DENIED
parole or under conditional pardon; and 1. If the penalty is death, reclusion
7. When the accused has previously been perpetua' reclusion perpetua or life
pardoned by the municipal or city mayor imprisonment
for violation of municipal or city ordinance - bail should be denied since

for at least two times.

WHEN BAIL IS NOT ALLOWED

the conviction indicates strong
evidence of guilt based on
proof beyond reasonable
1. A person charged with a capital offense, or doubt.
an offense punishable by reclusion 2. Even if the penalty imposed by the
perpetua or life imprisonment, trial court is not any of the above
- shall be not admitted to bail but merely imprisonment
2. WHEN evidence of guilt is strong, exceeding 6 yrs,
regardless of the state of the criminal the accused shall be denied bail
prosecution. or his bail already allowed shall
3. After judgment of conviction has become be cancelled IF the prosecution
final shows the following or other
EXE: circumstances enumerated in
if before finality of the judgment, the Rule 114 Sec. 5 ( 3rd par ):
accused applies for probation a. That the accused is a
2. he may be allowed temporary recidivist or a quasi-
liberty under bail; or recidivist, a habitual
3. when no bail was filed or the delinquent or has
accused is incapable of filing committed the crime
one, the court may allow his aggravated by the
release on recognizance to the circumstance of reiteration.
custody of a responsible b. t h a t t h e a c c u s e d h a s
member of the community. previously escaped from
1. After the accused has commenced to legal confinement, evaded

serve sentence. sentence, or violated the

conditions of his bail

WHEN BAIL IS A MATTER OF RIGHT

1. BEFORE AND AFTER CONVICTION

without valid justification.
c. T h a t t h e a c c u s e d
committed the offense

- by the METC, MTC in Cities, MTC, and MCTC

2. BEFORE CONVICTION
while under probation,
parole or conditional
pardon
- by the RTC of an offense not punishable by d. That the circumstance of

death, reclusion perpetua, life imprisonment

REMEDY WHEN BAIL IS DENIED

his case indicate the
probability of flight if
released on bail; or
File a petition for certiorari (querry, not e. that there is undue rail that
mandamus?) he may commit another
GROUND: crime during the pendency
if the trial court committed grave abuse of
discretion amounting to excess or lack of of the appeal.

jurisdiction in issuing the said order. REQUIREMENT FOR THE DENIAL OR

CANCELLATION OF BAIL

WHEN BAIL IS A MATTER OF DISCRETION

1. AFTER CONVICTION
- requires notice to the accused.

- hence; not allowed ex parte

- by the RTC of an offense not punishable by REMEDY IN CASE OF THE DENIAL OR

death, reclusion perpetua or life imprisonment.

2. BEFORE CONVICTION (?)

CANCELLATION BY THE RTC
- Motu proprio or upon motion by the party
- after notice to the adverse party
- by the RTC of an offense punishable by death,
reclusion perpetua or life imprisonment
- subject to the discretion of the court in the

- to be reviewed by the appellate court.

sense that it will have to determine whether the

evidence of guilt is strong.

WHERE APPLICATION FOR BAIL IS TO

BE FILED WHEN BAIL IS A MATTER OF

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THE AWESOME NOTES

BAIL PENDING APPEAL WHERE THE

PENALTY IMPOSED EXCEEDS 6 YEARS
- bail, a matter of discretion on part of the court.
- remains true even absent of any
circumstances enumerated in Rule 114 Sec. 5

( 3rd par )

HEARING OF APPLICATION FOR BAIL IN

O F F E N S E P U N I S H A B L E B Y D E AT H ,
RECLUSION PREPETUA, OR LIFE
IMPRISONMENT; BURDEN OF PROOF IN

BAIL APPLICATION

HEARING OF THE APPLICATION FOR

BAIL (WHEN MANDATORY)
- is to be conducted when a person in
custody for the commission of an
o ff e n s e p u n i s h a b l e b y d e a t h ,
reclusion perpetua or life
imprisonment, or when bail is not as a
matter of right.
- summary or otherwise, depends on

the discretion of the court.

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39
THE AWESOME NOTES

BURDEN OF PROOF LIES TO

- the prosecution, to establish that

GEN RULE:

the evidence of guilt is strong.

SUMMARY HEARING
the application for bail may be filed with
the court where the case is pending
IF the judge thereof is absent or
- such brief and speedy method of unavailable,
receiving and considering the - Then the application may be
evidence of guilt as is filed with any RTC, METC,
practicable and consistent with MTC in Cities, MTC, MCTC in
the purpose of hearing which is the province, city or
merely to determine the weight municipality.
of evidence for the purpose of EXE:

bail.

DUTIES OF THE TRIAL JUDGE IN A

1. Where the accused is
arrested in a province, city or
municipality other than where
PETITION FOR BAIL IN OFFENSES the case is pending,
PUNISHABLE BY RECLUSION PERPETUA, 2. the application for bail
LIFE IMPRISONMENT OR DEATH may also be filed with
%L. Notify the prosecutor of the hearing of the any RTC of said place;
application for bail or require him to submit or

his recommendation; if there is no judge
%L. Conduct a hearing of the application for available, then with any
bail regardless of whether or not the METC, MTC or MCTC in
prosecution refuses to present evidence to the said place.
who that the guilt of the accused is strong - WHEN BAIL IS FILED
for the purpose of enabling the court to WITH THE COURT
exercise its sound discretion. OTHER THAN WHERE
%L. Decide whether the evidence of guilt of the THE CASE IS
accused is strong based on the summary PENDING,
of evidence of the prosecution; and the judge who accepted the
%L. If the guilt of the accused is not strong, bail SHALL
discharge the accused upon approval of a. Forward it,
the bail bond. Otherwise, the petition b. Together with the order
should be denied. of release and other
%L. His decision, where he granted or denied supporting papers

the application, must provide a statement = to the court where the
containing summary of the evidence of the case is pending, which
prosecution, and such was formulated by may, for good reasons,
the judge's own conclusion

EVIDENCE IN BAIL HEARING ARE

require a different one to
be filed.
2. Where the grant of bail is a
AUTOMATICALLY REPRODUCED AT THE matter of discretion or the

TRIAL

HOWEVER
accused seeks to be release
on recognizance
3. the application may only
Any witness during the bail hearing may, UPON be filed in the court
MOTION of either party, where the case is
- be recalled by the court for additional pending, in trial or
examination appeal.
EXE: if such witness is 3. When a person is in custody
- Dead but not yet charged
- outside the Philippines ; or 1. he may apply for bail
- otherwise unable to testify

CAPITAL OFFENSES
with any court in the
province, city or
municipality where he is
Is an offense, under the law existing at the time
of its commission and of the application for
admission to bail, may be punished by death.
held

INCREASE OR REDUCTION OF BAIL

Hence; the determining factor is\ 5. even after the accused is admitted to
- what penalty is prescribed by law and bail, the amount of bail may either be
not the penalty actually imposed.

RA 9346; REPEALING DEATH PENALTY


6.
increased or reduced by the court
upon good cause

THE INCREASED AMOUNT MUST BE
In lieu of death penalty, the following shall GIVEN
be imposed: within a reasonable period of time.

%L. The penalty of reclusion perpetua, OTHERWISE

- when the law violated use of he The accused may be committed
nomenclature of the penalties of
the RPC
%L. The penalty of Life Imprisonment
into custody.

- when the law violated does not

make use of the nomenclature of

the penalties of the RPC




WHERE APPLICATION OR PETITION FOR
BAIL MAY BE FILED

CAUTION: This note was made by a boy who has much spare time to doodle. Sadly, he is mere mortal and definitely not an expert on the
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 CRIMINAL PROCEDURE !
40
THE AWESOME NOTES
FORFEITURE OF BAIL ADMISSION TO BAIL NOT BAR TO
7. if the accused fails to appear in person as OBJECTIONS ON ILLEGAL ARREST,
required LACK OF OR IRREGULAR

= his bail shall be declared forfeited.
PRELIMINARY INVESTIGATION.

IN SUCH INSTANCE
The Bondsman shall be given 30 DAYS

within which
1. to produce the body of their
principal or give the reasons for
his non-production; and
2. explain why the accused did not
appear before the court when

first required to do so.

FAILURE TO DO SO
8. a judgment shall be rendered against
the bondsman, jointly and severally,

for the amount of he bail,


MITIGATION OF THE LIABILITY OF THE

BONDSMAN
9. to be allowed only after the accused

has been surrendered or acquitted.

REQUIREMENT FOR SUCH JUDGMENT

OF FORFEITURE
1. Judgment is preceded by order of
forfeiture
2. An opportunity given to bondsman to
produce the accused or to adduce
satisfactory reason for their inability to

do so.

N AT U R E O F T H E O R D E R O F
FORFEITURE
- interlocutory in nature.
- different when the judgment on the bond
is issued if the accused was not produced

within 30 DAY PERIOD

CANCELLATION OF BAIL; REMEDY

1. CANCELLATION BY APPLICATION

OF THE BONDSMAN

Req:
1. With due notice to the
prosecutor; and
2. Upon surrender of the accused,

II.

or proof of his death

AUTOMATIC CANCELLATION
1. Acquittal of the accused
2. Dismissal of the case; or
3. Execution of the judgment of

conviction

III. WHERE THE PENALTY IMPOSED BY

THE TRIAL COURT IS
IMPRISONMENT EXCEEDING 6
YRS
1. Any grounds provided in Sec. 5
of Rule 114
2. When the circumstances
indicate the probability of flight;
or
3. Motu proprio or upon motion of
any party, review the resolution
of the RTC after notice to the

adverse party in either case.

REMEDY IN CASE CANCELLATION OF THE

BAIL BY THE RTC
2. by filing with the CA a "motion to review"
the said order in the same regular appeal
proceedings which the appellant himself
initiated.

3. such motion as an incident to his appeal.

NOTE: Rule 65 is proscribed and

contravene policy against multiplicity of
suit.

N O T E : A P P L I C AT I O N F O R O R

CAUTION: This note was made by a boy who has much spare time to doodle. Sadly, he is mere mortal and definitely not an expert on the
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 CRIMINAL PROCEDURE
!
41
THE AWESOME NOTES

1. The accused appears to be

ARRAIGNMENT AND PLEA suffering from an unsound mental
condition which effectively renders

3. BASIC CONCEPTS

ARRAIGNMENT
him unable to fully understand the
charge against him and to plead
intelligently thereto.
2. is the stage where, in the mode and - in such case, the court shall
manner required by the Rules, an order his mental examination
accused, for the first time, is granted the a n d i f n e c e s s a r y, h i s
opportunity to know the precise charge confinement for such purpose.
that confronts him. 2. There exists a prejudicial question
3. is the formal mode and manner of 3. There is a petition for review of he
implementing the constitutional right of an resolution of the prosecutor which
accused to be informed of the nature and impending at either the DOJ or the
cause of the accusation against him Office of the President.
4. as an indispensable requirement of due - the period of suspension shall

process

NOTE:
n o t e x c e e d 6 0 D AY S -
counted from the filing of he
petition with the reviewing
ABSENCE OF ARRAIGNMENT
the accused cannot invoke double
jeopardy and o trial in absentia may
office.

NOTE: if there is already an

proceed.

DUTY OF THE COURT BEFORE

arraignment of the accused, the
DOJ secretary can no longer
entertain the appeal or petition for

ARRAIGNMENT review because petitioner had
already waived or abandoned the
THE COURT SHALL (MANDATORY)
1.
2.
Inform the accused of his right to counsel
Ask the court him he desires to have one;
same.

III. MOTION TO QUASH


and TIMEFRAME
3. Must assign a counsel de officio to defend - at any time BEFORE entering his plea
him = the accused may move to quash the
UNLESS: complaint or information on any grounds
The accused provided by the Rules.

- is allowed to defend himself in 

person; or IV. CHALLENGING THE VALIDITY OF

- has employed a counsel of his choice

QUALIFICATIONS OF COUNSEL DE OFFICIO

ARREST;
LEGALITY OF THE WARRANT ISSUED;
OR
%L. Must be a member of the bar in good ASSAIL THE REGULARITY OR QUESTION
standing THE ABSENCE OF A PRELIMINARY
%L. Who, by reason of their experience and INVESTIGATION OFTHE CHARGE
ability, can competently defend the - an objection agains arrest or the

accused.

EXE: When Person Not Member of the

procedure in the acquisition by the court
of jurisdiction over the person of an
accused
= should be made at or before the
Bar may be Appointed: arraignment, otherwise the
in localities where member if the bar are
not available,
The court may appoint any person

objection is deemed waived.

NOTE: WAIVER IS ONLY TRUE IF

1. Resident of the province; and
2. Of good repute for probity and ability - he voluntarily enters his plea and

to defend the accused

NOTE: The counsel de officio shall be given a

participates during the trial, without
previously invoking his objection thereto.



reasonable time to consult with the accused as NOTE: Arraignment of the accused
to his plea constitutes a waiver if the right to

- before proceeding with the arraignment preliminary investigation or
reinvestigation.
- such waiver is tantamount to a finding
OPTION OF THE ACCUSED BEFORE
ARRAIGNMENT AND PLEA

of probable cause.

NOTE: finding of probable cause by the

( REMEDIES AVAILABLE BEFORE Ombudsman, does not bar the same

I.
ENTERING HIS PLEA )

BILL OF PARTICULARS
from filing an information, despite of the
pendency of the MR on such resolution.
Consequently, the arraignment, cannot
The accused may, before arraignment, move for also be suspended by the pendency of
a bill of particulars
- to enable him to properly plead and
said MR.

prepare for trial.

THE MOTION SHALL [STATE]

1. Specify the alleged defects of the
complaint or information; and

II.
2. Specify the details desired

SUSPENSION OF ARRAIGNMENT

UPON MOTION
- the proper party may ask for the

suspension of the arraignment

IN THE FOLLOWING CASES:

CAUTION: This note was made by a boy who has much spare time to doodle. Sadly, he is mere mortal and definitely not an expert on the
subject. So be cautioned [redundant much].
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 CRIMINAL PROCEDURE
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42
THE AWESOME NOTES

PLEA MADE BEFORE A COURT IF PLEA OF NOT GUILTY IS ENTERD

WITHOUT JURISDICTION 2. the accused shall have at least 15 DAYS
-

does not give rise to double jeopardy.
3.
to prepare for trial.
he shall state whether he/she interposed
ARRAIGNMENT UNDER AN AMENDED

INFORMATION; a negative or affirmative defense

AFFIRMATIVE DEFENSE

SUBSTITUTED INFORMATION

A. WHEN THE AMENDMENT IS

4. may modify the order of trial and require
he accused to prove such defense by
clear and convincing proof
SUBSTANTIAL
 NEGATIVE DEFENSE
When the accused has been already 5. require the prosecution to prove the guilt
a r r a i g n e d a n d s u b s e q u e n t l y, t h e of the accused beyond reasonable
information was subsequently amended
- an arraignment on he amended
information is MANDATORY.
doubt

WHEN THE ACCUSED IS UNDER

RATION: PREVENTIVE SUSPENSION
The constitutional right of the accused to The case shall be raffled and it's record
be informed of the accusation against him. transmitted to he judge to whom the case
was raffled
HENCE: Absence of which, if convicted
WITHIN 3 DAYS
under the second information
FROM the filing of the complaint or
= the conviction constitutes reversible
information
error.

B. WHEN THE AMENDMENT IS ONLY

THE ACCUSED SHALL BE
ARRAIGNED
WITHIN 10 DAYS
AS TO FORM
- there is no need for another preliminary
investigation and retaking the plea of the FROM the date of he raffle

AND THE PRE-TRIAL CONFERENCE

accused.

SHALL BE HELD


C. IN SUBSTITUTION OF INFORMATION

- another preliminary investigation is WITHIN 10 DAYS AFTER arraignment

HENCE: ARRAIGNMENT AFTER

entailed and the accused has to plead

4.
anew to he new information

HOW ARRAIGNMENT AND PLEA ARE

SUBMISSION OF THE CASE FOR
DECISION
IS NOT AVAILABLE
MADE

WHERE ARRAIGNMENT IS TO BE MADE

- the absence of the arraignment was
cured by his participation in the trial
without raising any objection that he has
5. the accused must be arraigned BEFORE not yet been arraigned. This remains
THE COURT where the complaint or true even though such failure of

information was filed or assigned for trial.

HOW ARRAIGNMENT IS MADE

arraignment was due to the fault of his
counsel.
- the his active participation suffices his
1. Made in open court
2. By the judge or the clerk
3. By furnishing the accused with a copy of the
constitutional right to be informed.

RECORD OF ARRAIGNMENT
complaint or information, 6. the arraignment and plea shall be made
4. Reading the same in the language or dialect of record.
known to him; and BUT FAILURE TO DO SHALL NOT
5. Asking him whether he pleads guilty or not affect the validity of the

guilty.
proceedings.

WHEN ARRAIGNMENT IS TO BE MADE

TIMEFRAME
PRESENCE OF THE ACCUSED
1. The accused must be present at the
arraignment and
Arraignment shall be held within
- 30 DAYS
FROM the date the court acquires jurisdiction

2. Must personally enter his plea

PRESENCE OF THE OFFENDED PARTY


over the person of the accused SHALL BE REQUIRED FOR THE
UNLESS; a shorter period is provided by a FOLLOWING PURPOSES:

special law or SC Circular 1.

2.
Plea bargaining
Determination of the civil liability; and
THE COURT ACQUIRES JURISDICTION
OVER THE PERSON OF THE ACCUSED
EITHER

3. Other matters requiring his presence

IN CAS THE OFFENDED PARTY

1. From the filing of the information; or
2. From the date the accused has appeared FAILS TO APPEAR DESPIT DUE
before the justice, judge or court in which NOTICE
the charge is pending 2. the court may allow the accused to

= whichever date last occurred.

IN COMPUTING THE PERIOD, THE 3.

enter a plea of guilty to a lesser
offense
which is necessarily included in the
FOLLOWING SHALL BE EXCLUDED offense charged with the
1. The time of the pendency of motion to conformity of he trial prosecutor

2.
quash
The time of the pendency of a bill of alone.

3.
particulars; or
Other causes justifying suspension of the
arraignment

CAUTION: This note was made by a boy who has much spare time to doodle. Sadly, he is mere mortal and definitely not an expert on the
subject. So be cautioned [redundant much].
DISCLAIMER: No copy right infringement intended.. Only for personal purpose and never for profit or for any gain. Actually, everything here
 CRIMINAL PROCEDURE
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43
THE AWESOME NOTES

WHEN PLEA OF NOT GUILTY SHALL BE REQUISITES

ENTERED 1. The lesser offense is necessarily
1. Actual plea of not guilty is entered included in the offense charged; and
2. He refuses to plead - he makes a 2. The plea must be with the consent of
conditional plea; or both the offended party and the
3. When he pleads guilty but presents prosecutor.
exculpatory evidence in which case the EXE: the consent of the offended
guilty plea shall be deemed withdrawn and party ell not be required if said
a plea of not guilty shall be entered. party, despite of due notice, fails to
4. also, jurisprudential (People vs Strong);
when the plea of guilty is not definite, or
ambiguous, or not absolute.

NATURE
appear during his arraignment.

5. (People vs. Balisacan) When an accused - not as a matter of right

enters his plea as guilty, but during trial - but a matter addressed entirely to the
interpose self-defense sound discretion of the trial court.
Has the effect of vacating the prior Hence, even if the requisites are
plea entered, and shall be required to present, the admission to such plea to a
plea anew on the charge or at least lesser penalty is still discretionary upon

direct that a new plea of not guilty
shall be entered. the court.

* O F F E N S E M AY B E S A I D T O
NOTE: the accused by entering plea of not NECESSARILY INCLUDE ANOTHER WHEN
guilty, submits himself to the jurisdiction of the - some of the essential elements or
court ingredients of the former as alleged in

4. thereby; curing he defect in his arrest

NOTE: a plea remains unconditional even the

the complaint or information constitute
the latter - and vice versa.

NO NEED FOR AMENDMENT OF

accused requested a lesser penalty
INFORMATION/COMPLAINT
5. as the admission of the facts alleged in the
Where there is a plea of guilty to a lesser
information are still remaining, and the
offense and the same was allowed by the
imposition of a lesser penalty is only a
court,
mere request, and not a plea condition
- there is no need to amend the
upon such imposition of a lesser penalty.
information or complaint
6. especially true when the accused did not
- AS the conviction under his plea shall
bother to adduce additional evidence to
be equivalent to a conviction of the
support his request for a lesser penalty.
offense charged for purposes of double
P L E A O F G U I LT Y I S A J U D I C I A L
CONFESSION; EFFECT ON AGGRAVATING jeopardy.

WHEN PLEA OF GUILTY TO A LESSER

CIRCUMSTANCES
OFFENSE IS NOT MITIGATING
Since a plea of guilty is a judicial confession of
A plea of guilty made after arraignment and
guilt, it embraces all the material facts alleged in
after trial begun
the information, including he aggravating
does not entitle the accused to have
circumstance listed therein.
7. while such has the effect of admission of
the facts alleged in the information such plea considered as mitigating

PLEA OF GUILTY TO A CAPITAL OFFENSE

8. BUT such does not constitute admission
It is not proper for the court to immediately
that the acts charged were unlawful nor
render judgment on the basis of the guilty
curing the defect in the Court's jurisdiction.

EXCEPTION TO THE ADMISSION OF

plea.

RATHER, the court is mandated to perform
the ff acts:
AGGRAVATING CIRCUMSTANCE
1. To conduct a searching inquiry to
9. if such circumstances are
ascertain
disapproved by the evidence.
2. the voluntariness of the plea; and
10. also, when the accused convicted of
3. whether or not the accused has full
an offense punishable by capital
comprehension of the
punishment

consequences of his plea
As the prosecution shall be
2. To require the presentation to prove the
required to prove the guilt of the
ff:
accused and the precise degree of
the guilt of the accused; and
his culpability.

PLEA OF GUILTY TO A LESSER OFFENSE;

-
- the precise degree of his culpability
(whether as principal, accomplice
or accessory)

PLEA BARGAINING

PLEA BARGAINING (in criminal case)

3. To ask the accused if he wishes to
present evidence and allow the accused
to present evidence in his behalf when
11. is a process whereby the accused and the
prosecution work a mutually satisfactory
disposition of the case subject to court he so desires

approval.

TIMEFRAME
12. After arraignment, the accused may plead
guilty to a lesser offense.
13. Also available after arraignment, after his
prior plea is withdrawn.
14. (Daan vs. SB) may even be done after the
prosecution finished presenting its
evidence and rested its case. Immaterial
that plea bargaining is not made during the

pre-trial.

CAUTION: This note was made by a boy who has much spare time to doodle. Sadly, he is mere mortal and definitely not an expert on the
subject. So be cautioned [redundant much].
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 CRIMINAL PROCEDURE
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44
THE AWESOME NOTES

SEARCHING INQUIRY GUIDELINES:

6. Ascertain from the accused himself - how
he was brought into the custody of the law

IMPROVIDENT PLEA OF GUILTY


TIMEFRAME
2. whether he had the assistance of a At any time before judgment of conviction
competent counsel during the
custodial and preliminary
investigation; and

becomes final

THE COURT MAY PERMIT

3. under what conditions he was an improvident plea of guilty
detained and interrogated during the - to be withdrawn and
investigation.
PURPOSE: to rule any
possibility of coercion or duress

- be substituted by a plea of not guilty

WHEN THE TRIAL COURT FAILED IN ITS

either by actual threats of DUTY TO CONDUCT SEARCHING
physical harm coming from INQUIRY INTO
malevolent quarters or simply - the voluntariness of the accused's plea
because of the judge's of guilt; and
intimidating robes. - full comprehension thereof
7. Ask the defense counsel a series of th e p le a o f g u il ty is d e e me d ma d e
questions as to whether he had confronted inadvertently and rendered inefficacious.
with, and completely explained to, the IN SUCH INSTANCE; THE CASE
accused the meaning and consequence of SHALL BE REMANDED ONLY
a plea of guilty. when the conviction is only based
8. Elicit information about the personality on such plea
profile of the accused, such as his age, BUT
socio-economic status, and educational IF THE CONVICTION IS BASED
background, which may serve as a ON INDEPENDENT EVIDENCE
trustworthy index of his capacity to give PROVING THE COMMISSION


9.
free and informed plea of guilty.
Inform the accused the exact length of
imprisonment or nature of the penalty
- the conviction shall be sustained.

PRODUCTION OR INSPECTION OF
under the law and the certainty that he will MATERIAL EVIDENCE
serve such sentence. For not infrequent,
observed the court, an accused plead
See Rule 116 Sec. 10

guilty in the hope of a lenient treatment or

upon bad advice or because of promise of
the authorities or parties of a lighter

penalty should he admit guilt or express
remorse.
It is the duty of the judge to ensure
that the accused does not labor under
there mistaken impression because a
plea of guilty carries with it not only
the admission of authorship of the
crime proper but also of the
aggravating circumstances attending
it, that increase punishment.
10. Inquire if the accused knows the crime with
which he is charged and fully explain to
him the elements of the crime which is the
basis of his indictment. Failure of the
court to do so, would constitute violation of
his fundamental right to be informed of the
precise nature of the accusation against
him and a denial of his right to due
process.
11. All questions poised to the accused should
be in a language known and understood
by the latter.
12. The trial judge must satisfy himself that the
accused, in pleading guilty, is truly guilty.
The accused must be required to narrate
the tragedy or reenact the crime or furnish

its missing details.

OTHERWISE: tantamount to

improvident plea of guilty

PLEA OF GUILTY TO A NON-CAPITAL

OFFENSE

THE COURT "MAY"

receive evidence from the parties to determine
the penalty to be imposed
= mandatory parin.
It would be a clear abuse of discretion on
the part of the judge to persist in holding
the accused bound to his admission of
guilt and sentencing him accordingly when
the totality of the evidence independent of
the plea may be considered to convince
the judge that it was intelligently made

(People vs. Mendoza 231 SCRA 116)

CAUTION: This note was made by a boy who has much spare time to doodle. Sadly, he is mere mortal and definitely not an expert on the
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 CRIMINAL PROCEDURE
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45
THE AWESOME NOTES

MOTION TO QUASH IS NOT A DEMURRER

CHAPTER IX:
MOTION TO QUASH
TO EVIDENCE; DISTINCTIONS

QUASH
MOTION TO
QUASH
DEMURRER TO
EVIDENCE
to annul, vacate or overthrow
THUS implying that the quashing of an
information does not necessarily mean its

is filed before the

in criminal case; is
dismissal.

TIME FOR FILING THE MOTION TO QUASH

accused enters his
plea
filed after the
prosecution rests its
case.
May be made at any time
H e n c e ,
BEFORE the accused enters his plea.
presupposes that
the accused gas
already entered his

IN SUMMARY PROCEDURE

GEN RULE: not allowed

plea and is in fact
already going
through trial.
EXE: On the ff grounds:
1. Lack of jurisdiction over the subject
matter

2. Failure to comply with the barangay
conciliation proceedings
no need of prior

is filed either with or
FORMS AND CONTENTS OF THE MOTION leave of court without leave of
TO QUASH court
1. The motion shall be in writing
2. The motion shall be signed by the accused
or his counsel; and
3. The motion shall distinctly specify the
factual and the legal grounds of the
motion.

g r o u n d s ;

ground on
enumerated in Rule " i n s u ff i c i e n c y o f
hence, a motion to quash cannot be
117 evidence."
done orally
Which is not a
ground in a motion
to quash

the ground may be
based on matters
found on the face of
based on matters
outside of the
complaint or
the complaint or information such as
information the evidence or lack
As when alleged of it.
that the facts
charged do not
constitute an
offense or that the
complaint or
information does not
conform to the
prescribed form.

if granted; dismissal

if granted; by
of the case would jurisprudence,
not necessarily deemed an acquittal
follow. The court and would preclude
may even order the the filing of another
filing of a new information or an
complaint or appeal by the
information because prosecution.
an order sustaining
the motion is
generally not bar to
a n o t h e r
prosecution.

if denied; certiorari

if denied; not
or prohibition is reviewable by
available as appeal or certiorari
remedy. as a general rule.

CAUTION: This note was made by a boy who has much spare time to doodle. Sadly, he is mere mortal and definitely not an expert on the
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~EXCUSE ME WHILE I KISS THE SKY~

 CRIMINAL PROCEDURE
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46
THE AWESOME NO

COURT SHALL CONSIDER ONLY THOSE
over the facts alleged in the information.
EXE: if based on double jeopardy, facts
GROUNDS STATED IN THE MOTION outside the information itself may be
EXE: Lack of jurisdiction over the offense

charged. introduced to prove such grounds.

usually, shall determine

GROUNDS FOR MOTION TO QUASH whether all the essential elements of the

~ see coral

crime are present.

THE FOLLOWING ARE NOT GROUNDS FOR

MOTION TO QUASH

1. EXECUTION OF AFFIDAVIT OF
DESISTANCE IS NOT A GROUND
FOR MOTION TO QUASH
2. as it is not one of those
enumerated grounds
3. as affidavit of DESISTANCE or
pardon is not a ground for the
dismissal of an action, once it

has been instituted in court.

RATION OF THE PREVAILING

RULE:
4. as affidavit of desistance is
viewed with suspicion and
reservation. Regarded as
exceedingly unreliable,
because it can easily be
secured from poor and
ignorant witness, usually
through intimidation or for
monetary consideration.
Moreover, there is always a
possibility that it would later
on be repudiated, and
criminals prosecution would

2.
thus be interminable.

ABSENCE OF PROBABLE CAUSE

NOT A GROUNDTO QUASH AN
INFORMATION
1. as rather, it is a ground for

3.
dismissal of the case

MATTERS OF DEFENSE ARE NOT

GROUNDS FOR A MOTION TO
QUASH
- as it Must be proved by them
during the trial. i.e. self-defense
in murder case.
EXE:
a. Double jeopardy
b. Extinguishment of the criminal

4.

liability

ABSENCE OF A PRELIMINARY
INVESTIGATION NOT A GROUND
- as it is a proper ground for
"Petition for Reinvestigation"
- see discussion on double

jeopardy part.

TEST IN APPRECIATING MOTION TO

QUASH

the determinative test;

the sufficiency of the averments in the
information, that is, whether the facts
alleged, if hypothetically admitted, would
establish the essential elements of the
offense as defined by the law without

considering matters aliunde.

inquiry limited only

CAUTION: This note was made by a boy who has much spare time to doodle. Sadly, he is me
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~ HOPE IS PRAYER ETERNAL~
 CRIMINAL PROCEDURE
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47
THE AWESOME NO

JEOPARDY
EFFECT OF FAILURE TO ASSERT ANY - danger of conviction and punishment
GROUND OF A MOTION TO QUASH; which the defendant in a criminal action
CONSTITUTE AS WAIVER OF SUCH incurs when a value indictment has

GROUND

EITHER DUE TO
been found.

RES JUDICATA vs DOUBLE JEOPARDY

1. failure of the accused to file a motion to (RES JUDICATA IN PRISON GREY)
quash; or - res judicata is a doctrine of civil law and
2. the accused filed a motion to quash but thus has no bearing on criminal
failed to allege the ground in the said
motion

EXE: the following grounds are not
proceedings

BASIS: SEC. 21 ART. III CONSTI

deemed waived - no person shall be twice put in jeopardy
1. That the facts charged do not of punishment for the same offense. If
constitute an offense an act is punished by a law or an
2. That the court trying the case has no ordinance, conviction or acquittal under
jurisdiction over the offense charged either shall constitute a bar to another
3. That the criminal action or liability has
been extinguished; and prosecution for the same act.

4. Double jeopardy

DENIAL OF A MOTION TO QUASH


DOUBLE JEOPARDY PRESUPPOSES
- that a first jeopardy has already
attached prior to the second jeopardy,
REMEDY and such jeopardy has already been
to go to trial, without prejudicial to reiterating the terminated either because the accused
special defense invoked in their motion to has already been convicted, or acquitted

quash

GEN RULE: Rule 65 is not allowed

or the case against him has been
dismissed or terminated without his
express consent.
EXE: if the court in denying the motion to - and despite of such, the accused is put
QUASH acted without or in excess if jurisdiction in danger anew for the same offense as

or with grave abuse of discretion.

WHEN COURT SHALL ORDER THE

in the first.

RULES OF COURT
AMENDMENT OF THE INFORMATION OR When the accused
COMPLAINT 1. has been convicted or acquitted; or
If the motion to quash is granted based on; 2. otherwise terminated without his
the alleged defect of the complaint or express consent
information, and such defect can be cured. 3. By a court of competent jurisdiction,
IN SUCH CASE; IF THE 4. Upon a valid complaint or information, or
COURT DOES NOT ALLOW other formal charge sufficient in form
THE PROSECUTION TO and substance to sustain conviction
AMEND SAID COMPLAINT 5. And after the accused had pleaded to
- amounts to abuse of discretion the charge
on part of the court. Rule 65 will = the conviction or acquittal of he
follow.

HOWEVER; THE COURT SHALL

accused or the dismissal of the case
SHALL BAR
a. to another prosecution for he
CONTINUE WITH THE QUASHAL IF offense charged, or
%L. The prosecution fails to make the b. for any attempt to commit the same
amendment; or or frustration thereof, or
%L. D e s p i t e t h e a m e n d m e n t , h e c. for any offense which necessarily
complaint or information still suffers includes or is necessarily included
from the same defect. in the offense charged in the
ORDER SUSTAINING A MOTION TO QUASH
IS NOT A BAR TO ANOTHER
former complaint or information.

EFFECT OF DOUBLE JEOPARDY IN

PROSECUTION:
As when a motion to quash is sustained
- the court mat order that another complaint

CRIMINAL AND CIVIL ASPECTS

or information be filed.

EXE: If the ground relied upon is either

In case of acquittal rendered by the trial or
appellate court:
- such acquittal becomes final and
1. Extinction of the criminal liability; or unappealable on the ground of double

2. Double jeopardy.

EFFECT ON THE CUSTODY OF THE

jeopardy.
EXE: in case such trial court acted with
grave abuse of discretion or when there
ACCUSED WHEN A MOTION TO QUASH IS
GRANTED AND THE COURT ORDERED FOR
THE AMENDMENT OF THE COMPLAINT
was a mistrial.

That the acquittal of the accused does not

the accused shall not be discharged
in any why affect the right of the offended
Unless: he is admitted to bail

EFFECT ON SUCH CUSTODY IF AFTER AN

party to appeal the civil aspect of the case
- while a judgment of the acquittal cannot
be appealed by the prosecution, either
ORDER OF AMENDMENT HAS BEEN MADE,
he offended party or the accused may
NO SUCH AMENDMENT HAPPEN
appeal the civil aspect of the judgment
the accused shall be discharged
Unless: the accused is in custody for despite the acquittal of the accused.

another charge.

DOUBLE JEOPARDY

CAUTION: This note was made by a boy who has much spare time to doodle. Sadly, he is me
subject. So be cautioned [redundant much].
DISCLAIMER: No copy right infringement intended. Everything here was done in good faith a

~ WAG SUSUKO~
 CRIMINAL PROCEDURE
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48
THE AWESOME NO

this by following that the concept that II. THE COURT MUST HAVE COMPETENT
%L. double jeopardy applies only in JURISDICTION
criminal case and has no effect on the
civil liability of the accused; and
%L. Extinction of the criminal liability will
for double jeopardy to attach. 


Otherwise, dismissal of a case on the

not necessarily give rise to the ground of having no jurisdiction over the

extinction of the civil liability.

REQUISITES OF DOUBLE JEOPARDY

same charge, same charge may be filed
in a court of competent jurisdiction, and
the defense of double jeopardy will not
1.

2.
A first jeopardy must have attached prior to
the second
The first jeopardy must have been validly

lie.

court of competent jurisdiction, it

terminated; and requires
3. The second jeopardy must be for the same that the venue lies therein and has
offense or the second offense includes or
in necessarily included in the offense
charged in the first information, or is an

jurisdiction over the offense charge.

Q: does lack of jurisdiction over the

attempt to commit the same or a frustration person charge of the accused as a
thereof.
 ground for the dismissal give rise


 Double jeopardy?
In determining when the first jeopardy
attaches, it is necessary to prove the III. VA L I D COMPLAINT OR
following elements: INFORMATION

1. The accused has been convicted or
acquitted, or the case against him
was dismissed or terminated without
REQUIRES

%L. that such information or formal

his express consent charge could sustain a conviction.
2. That the conviction, acquittal or OTHERWISE: if it can not
dismissal was made by a court of sustain conviction, it
competent jurisdiction precludes double jeopardy.
3. There is a valid complaint or NOTE: THAT IS WHY
information or other formal charge NO DJ IN AMENDMENT
sufficient in form and substance to - as there was never a
sustain a conviction. first jeopardy under the
4. The accused has pleaded to the first information
charge; and %L. It must contain the basic requisites
5. The subsequent prosecution is for an for he sufficiency of a complaint, as
offense which is provided in Sec. 6 Rule 110, which
- the same as the former must state the ff:
complaint or information or a. The name of the accused
- for any attempt of the same or a b. the designation of the offense
frustration thereof, or given by the statute
- for any offense which c. The acts or omission
necessarily includes or is complained of as constituting
necessarily included in the the offense
offense charged in the former d. The name of the offended

complaint or information.

DISCUSSION ON THE ELEMENTS OF

e.
party
the approximate date of the
commission of the offense;

DOUBLE JEOPARDY
f.
and
The place where the offense
I. SAME OFFENSE MEANS;

2.

the offense charged, or an attempt to
was committed.

%L. C o m p l i a n c e of certain
commit it or a frustrated stage
thereof, or "any offense which
necessarily includes or is necessarily

a.
requirements

In adultery and concubinage,

included in the offense charge in the seduction, abduction and acts of
former complaint or information. lasciviousness;
DOES NOT CONTEMPLATE [ NO DJ - it must be filed by the offended
] spouse.
3. two or more offense arising from b. when the information was filed by
same act, IF
 an officer who has no authority to
One provision of law requires proof of do so. As when filed by a
an additional fact or element which prosecutor who has no authority
the other does not. over the same, when such was
4. it presupposes application of several committed outside of his territorial

law, and not from same law


EXAMPLE
c.
jurisdiction.
When the facts alleged in the
information or complaint does not
1. Theft of electricity under RPC and
Violation of PD 401
IV.
constitute an offense.

ACCUSED SHOULD HAVE PLEADED

2. Illegal recruitment and estafa
TO THE CHARGE (SHOULD HAVE
3. Violation of BO 22 and estafa
4. Direct bribery punished under Art.
210 of RPC and RA 3019
BEEN ARRAIGNED)

HENCE; if before arraignment, the

~ see Dean Riano's book for comparing

the elements of the mentioned crimes. prosecutor withdrew an information

charging theft and later in filed another

information for theft or robbery against

the same accused, DJ cannot be

CAUTION: This note was made by a boy who has much spare time to doodle. Sadly, he is me
subject. So be cautioned [redundant much].
DISCLAIMER: No copy right infringement intended. Everything here was done in good faith a

 !
49

invoked because, the accused was never

arraigned under the first information.

THERE MUST BE A VALID PLEA
- if he plead guilty; he should be
sentenced to he penalty to which he
pleaded. Hence, conditional plea is
invalid.
- plead guilty, but during trial for
presentation of mitigating
circumstances, he presented
justifying circumstance warranting his
acquittal. Prosecution can still appeal
the case as double jeopardy does not
sets in. In presenting justifying
circumstance, the accused should
have been re-arraigned and to plea
anew, and absence of such, no
devious valid plea for the first

V.
jeopardy to attach.

THE ACCUSED HAS BENN CONVICTED

OR ACQUITTED, OR THE CASE
AGAINST HIM DISMISSED OR
TERMINATED WITHOUT HIS EXPRESS

CONSENT.

For DJ to sets in; It presupposes that

the first case has been validly
terminated in any of the ff ways:
%L. Conviction
%L. Acquittal; or
%L. Dismissal or termination whiteout the

express consent of the accused.

PURPOSE OF FINALITY-OF-ACQUITTAL
DOCTRINE
1. Prevents he state from using its criminal
processes as an instrument to wear out
the accused by a multitude if cases with
accumulated trial.
2. Precludes the state, following acquittal,
from successively retrying the defendant in
the hope of securing a conviction; and
3. It prevents the state, following conviction,
from retrying the case in hope of securing

a greater penalty.

DISMISSAL OR TERMINATION MUST BE

WITHOUT THE EXPRESS CONSENT OF THE

ACCUSED

REQ:
That it must be unequivocal, positive, direct and
requiring no inference or implication to supply
its meaning.
- hence, dismissal of the case upon
motion of the accused, generally
would not entail double jeopardy. i.e.
- upon motion to quash on the
ground that the case is outside
the territorial jurisdiction of the
accused.
- upon motion of the accused on
the ground of insufficiency of the
information to sustain conviction.
- provisional dismissal upon the
instance of the accused, or with

his express consent.

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THE AWESOME NOTES

E X E : D I S M I S S A L S E Q U I VA L E N T T O DOUBLE JEOPARDY IN QUASI OFFENSE

ACQUITTAL EVEN WITH THE CONSENT OF - is available.
THE ACCUSED; SPEEDY TRIAL; - conviction or acquittal of such quasi-
DEMURRER TO EVIDENCE offense (reckless imprudence under Art.
1. Dismissal based on a violation of the right 365 RPC), bars subsequent prosecution
of the accused to speedy trial for the same quasi offense, regardless
- the word provisional shall not affect of its various resulting acts.
the nature of the acquittal. RATION
REQ: the invocation of right to speedy trial - as the law penalizes the negligent

2.

must be preceded by insisting on a trial.

The discharge of an accused to be a state

to careless act and not the result
thereof. The gravity of the
consequence is only taken into
witness shall amount to an acquittal and account to determine the penalty, it
shall be bar to a future prosecution for the does not qualify the substance of
same offense.
UNLESS:
- the accused fails or refuses to testify
he offense.

WHEN DOUBLE JEOPARDY SHALL NOT

against his co-accused in accordance APPLY DESPITE A PRIOR CONVICTION

with this sworn statement constituting ON THE FF INSTANCES:

3.
the basis for his discharge.

When the court grants a demurrer to

1. He graver offense developed due to
supervening facts arising from the same
act or omission constituting the former
evidence in the ground of insufficiency of charge

evidence 2. The facts constituting the graver charge

became known or were discovered only

NO DOUBLE JEOPARDY ON THE FF

1. PRELIMINARY INVESTIGATION; DJ no 3.
after a plea was entered in the former
complaint or information; or
The plea of guilty to a lesser offense
applicable was made without the consent of the
- as PI is merely inquisitorial and is prosecutor and the offended party,
often the only means of discovering except as otherwise provided in Sec.
the person who may be reasonably 1(f) Rule 116.
charged with a crime, to enable the 4. ADD: if it does not arise from same

-
fiscal to prepare his complaint or
information.
not trial of the case on the merits and
offense

RULE 117 SEC. 7

has no purpose except that of If the accused has already served in whole or
determining whether a crime has in par the judgment under the previous
been committed and whether there's complaint or information, he shall be credited
a probable cause to believe that the with the same in the event of conviction for
accused is guilty therefore the graver offense.
- as PI is executive in character and REQ
does not contemplate judicial That the graver offense that supervene
function.
 must have arisen from the same act or
Hence; it does not put a person in omission constituting the former charge.

jeopardy.

2. ADMMINISTRATIVE CASES; DJ not

WHY NO DJ
- as one cannot be in jeopardy for an
offense which did not as yet exist
applicable at the time of the filing of the first
- following the elements of double
jeopardy, such are not present in
administrative proceedings.
information.

PROVISIONAL DISMISSAL
- different quantum of proof. In criminal - contemplates that the dismissal of the
case, proof beyond reasonable doubt criminal action is not permanent and
is required, while in administrative can, be revived within the period set by

case, mere substantial evidence is
sufficient the Rules of Court

[OLD] REQUISITES; That the

CURING AN ERRONEOUS ACQUITTAL; provisional dismissal
G R AV E A B U S E O F D I S C R E T I O N 1. must with the express consent of
AMOUNTING TO LACK OF JURISDICTION the accused
- as an exception to he rule that a judgment 2.There must be a notice to the offended
of acquittal is unappealable.
REQ:
party; and

[NEW REQUISITES FOLLOWING

- must clearly demonstrate that the trial
PEOPLE VS LACSON (04/1/03)]
court blatantly abused it's authority to
a point do grave as to deprive it of its %L. The prosecution with the express
conformity of the accused or the
very power to dispense justice.

INSTANCES:
accused moves for a provisional
(sin perjuicio) dismissal of the
case; or both the prosecution and
%L. The prosecution was denied the the accused move for a provisional
opportunity to present its case dismissal of the case.
%L. Where the trial is sham %L. The offended party is notified of the
%L. Denial of due process motion for provisional dismissal of
the case.
%L. The court issues an order granting
the motion and dismissing the case
provisionally; and
%L. The public prosecutor is served

with a copy of the order of
provisional dismissal of the case.

CAUTION: This note was made by a boy who has much spare time to doodle. Sadly, he is mere mortal and definitely not an expert on the
subject. So be cautioned [redundant much].
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 CRIMINAL PROCEDURE
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51
THE AWESOME NOTES

TIME BAR RULE

The duration of the provisional dismissal shall

not exceed to certain periods otherwise it shall

become permanent.
1. offense punishable by imprisonment
not exceeding 6 years or a fine of any
amount, or both
- shall become permanent 1 year
after the issuance of the order
without the case having been
revived.
2. offense punishable by imprisonment
of more than 6 mos
- the provisional dismissal shall
become permanent 2 years after
the issuance of the order without

the case having been revived.

NOTE: time-bar rule shall apply only when

the requisites of provisional dismissal are
present.
EXE: ONLY if there is a justifiable

necessary for the delay.

FF PEOPLE VS LACSON [ THE NEW

REQUISITES]

THE PERIOD WITHIN WHICH THE TIME-

BAR RULE IS TO BE COUNTED
- after the service of the order of
dismissal on the public prosecutor
who has control of the prosecution.


FORM OF CONSENT
- must be expressly, in writing or viva
vice
- failure to object or mere silence does

not amount to express consent

EFFECT OF THE TIME BAR RULE

- DJ sets in.

WITHDRAWAL OF INFORMATION VS.

MOTION TO DISMISS
- while both put an end to an action
filed in court, their legal effect varies.


WITHDRAWAL OF

MOTION TO
INFORMATION DISMISS

the order granting

the order granting a
withdrawal of the motion to dismiss
information attains becomes final 15
finality after 15 days days after receipt
from receipt thereof, thereof, WITH
W I T H O U T PREJUDICE to the
PREJUDICE of the re-filing of the same
re-refilling of the case once such order
information upon achieves finality.
reinvestigation.

does not fall within

when filed, put into
the ambit of Rule 117 place the time-bar
Sec. 8. Hence, it is rule on provisional
not time-barred. See dismissal.
requisites of
provisional dismissal
for time bar-rule to
apply, explaining why
it does not apply in
motion to withdraw
an information

CAUTION: This note was made by a boy who has much spare time to doodle. Sadly, he is mere mortal and definitely not an expert on the
subject. So be cautioned [redundant much].
DISCLAIMER: No copy right infringement intended. Everything here was done in good faith and admiration, promise.
ΑΘΒ/ΑΑΑ
 CRIMINAL PROCEDURE
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THE AWESOME NOTES

the court may impose proper sanctions

CHAPTER X -
or penalties, if the counsel or prosecutor
PRE-TRIAL absent does not offer an acceptable

COURTS IN WHICH PRE-TRIAL IS
excuse for his lack of cooperation.

DUTY OF THE BRANCH CLERK OF

MANDATORY COURT
In all criminal cases, pre-trial is mandatory in %L. Assist the parties in reaching a
the ff courts: settlement f he civil aspect of the case
1. SB %L. Mark the documents to be presented as
2. RTC exhibits and copies thereof attached to

3. METC, MTC in cities, MTC, And MCTC

MATTERS TO BE CONSIDERED DURING

the records after comparison;
%L. A s c e r t a i n f r o m t h e p a r t i e s t h e
undisputed facts and admissions on the
THE PRE-TRIAL genuineness and due execution of
%L. Plea bargaining documents marked as exhibits; and
%L. Stipulation of facts %L. Consider such other matters as may aid
%L. Marking for identification of evidence of the
parties
%L. Waiver of objections to admissibility of
in the prompt disposition of the case.

RECORDING OF THE MINUTES

evidence - the proceedings during the preliminary
%L. Modification of the order of trial if the conference shall be recorded in the
accused admits the charge but interpose a Minutes of Preliminary Conference
lawful defense; and - to be signed by both parties and
%L. Such matter as will promote a fair and counsel.
expeditious trial of the criminal and civil - the minutes and the exhibits shall be

aspect of the case

WHEN PRE-TRIAL SHALL BE HELD


attached by the Branch Clerk of Court to
the case record before the pre-trial.

TIMEFRAME DUTY OF THE JUDGE BEFORE THE PRE-

- after arraignment; and TRIAL CONFERENCE
- within 30 DAYS from the date the court THE JUDGE MUST STUDY THE
acquires jurisdiction over the person of the 1. Allegations of the information
accused 2. Statements in the affidavit of witnesses;
and
UNLESS: a shorter period is provided 3. Other documents which form part of he
for in special laws or circulars of the

SC. record of the preliminary investigation

DUTY OF THE JUDGE WHEN PLEA

USUALLY BARGAINING IS AGREED UPON;
- after arraignment,the court shall set PROSECUTION AND THE OFFENDED
the pre-trial conference WITHIN 30 PARTY AGREE THE PLEA

DAYS from the date of arraignment

THE ORDER SETTING THE CASE FOR PRE-

THE COURT SHALL
1. Issue an order to that effect
2. Proceed to receive evidence on the civil
TRIAL; SHALL CONTAIN THE FF: aspect of the case; and
1. Requiring the private offended party to 3. Render and promulgate judgment of
appear conviction including the civil liability or
- for the purpose of plea bargaining damages duly established by the
and for other purpose requiring his
presence
EXE: in case for violation of

evidence


NOTE: no plea bargaining for the

DDA of 2002
2. Referring the case to the Branch Clerk of
Court,
- if warranted for a preliminary
violation of DDA

DUTY OF THE JUDGE WHEN PLEA

conference to be set BARGAINING FAILS
- at least 3 DAYS PRIOR to the pre- THE JUDGE SHALL
trial to: 1. Adopt the minutes of he preliminary
a. Mark the documents or exhibits conference as part of the pre-trial
to be presented by the parties; proceedings
and 2. Confirm the marking of exhibits,
b. Copies thereof to be attached to admissions of genuineness and due
the records after comparison; execution if documents
and 3. List object and testimonial evidence
c. To consider other matters as may 4. Scrutinize every allegation in the
aid in its prompt disposition. information
3. Informing the parties that 5. Scrutinize affidavits and documents
- no evidence shall be allowed to be forming parts of the records of he
presented and offered during the trial preliminary investigation
other than those identified and 6. Define factual issue
marked during the pre-trial 7. Ask parties to agree on specific dates
for the trial
EXE: when allowed by the court 8. Require the parties to submit the
for good cause

NOTE: IN INMEDIATIABLE CASES

names, addresses and contact numbers
of witnesses to be summoned; and
9. Consider modification of the trial if the
- the judge shall refer the parties and accused admits the charge but
their counsel to PMC unit for

purposes of mediation if available. interpose a lawful defense.

NON-APPEARANCE IN PRE-TRIAL
CONFERENCE; CONSEQUENCE

CAUTION: This note was made by a boy who has much spare time to doodle. Sadly, he is mere mortal and definitely not an expert on the
subject. So be cautioned [redundant much].
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 CRIMINAL PROCEDURE
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THE AWESOME NOTES

ASKING QUESTIONS DURING PRE-TRIAL
 PRE TRIAL IN CIVIL CASE VS. IN

THE JUDGE SHAKL BE THE ONE TO ASK
QUESTIONS

- on issues raised therein

CRIMINAL CASE

IN CIVIL CASE IN CRIMINAL CASE

HENCE: all questions must be directed to
the judge.
PURPOSE: to avoid hostilities between

the parties.

PRE-TRIAL AGREEMENTS; SIGNING OF

preceded by a n o m o t i o n i s
motion ex parte filed required for pre-trial
by the plaintiff to set to be set
ADMISSIONS MADE the case for pre-trial
1. All agreements and admissions made or
entered during the pre-trial conference
shall be
2. Reduced in writing; and is set by the court, is set after
3. Signed by the accused and counsel after the requisite arraignment and
OTHERWISE: such admissions mention from the within 30 days from
cannot be used against the accused. plaintiff after all the date the court
4. Must be approved by the court if the pleadings gave acquires jurisdiction
agreement coves matters under Sec. 1 been served and over the person of

Rule 118

PRE-TRIAL ORDER
filed. he accused, unless
a shorter period is
provided for in
TIMEFRAME: within 10 days after the special laws or

termination of the pre-trial

SHALL SET THE FF: the purpose: see

circulars of the SC

see codal. Amicable

1. The action taken during the pre-trial coal. But most settlement and
conference significant is the referral to ADR are
2. The facts stipulated possibility of not among those
3. The admissions made amicable settlement p u r p o s e
4. The evidence marked or of submission to enumerated.
5. The number of witnesses to be ADR
presented; and

6. Schedule of the trial

EFFECT OF PRE-TRIAL ORDER

the sanction for
non-appearance is
imposed upon the
the sanction in case
of non appearance
is imposed either
1. bind the parties non-appearing party upon the counsel or
2. Limit the trial to matters not disposed of; the prosecutor
and whom proper
3. Control the course of he action during the sanctions or
trial penalties may be
UNLESS: modified by the court to prevent imposed for non-

manifest injustice. appearance in case

of failure to offer an
acceptable excuse
for lack of
cooperation.

parties are required does not require

to submit their submission of pre-
respective pre-trial trial brief
brief

no such warning provides a warning

that in case any
agreements or
admissions made
during the pre-trial
is not reduced into
writing and signed
by the parties and
their counsels, "they
cannot be used
against the
accused."

CAUTION: This note was made by a boy who has much spare time to doodle. Sadly, he is mere mortal and definitely not an expert on the
subject. So be cautioned [redundant much].
DISCLAIMER: No copy right infringement intended. Everything here was done in good faith and admiration, promise.
ΑΘΒ/ΑΑΑ
 CRIMINAL PROCEDURE
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54
THE AWESOME NOTES

3. DURATION 30 days for the first

------------------JDR------------------ level court 60 days for second level
courts WHEN SETTLEMENT IS

JUDICIAL DISPUTE RESOLUTION [JDR];

PURPOSE
REACHED
- the parties immediately
comply with the agreement
1. hoped that mediation and conciliation at - the judge may dismiss the
the level of the judge. Strengthen case IF the parties through
conciliation during the pre-trial stage in their counsel may choose to
order to expedite the resolution of the submit manifestation in the
cases satisfaction of claims and the
2. would contribute significantly to the mutual withdrawal of the
resolution of mediatable cases, complaint and counterclaim
3. thereby increasing the satisfaction of 4. IF SUBJECT FOR FUTURE
litigants in the court process and also COMPLIANCE;
4. helping to decongest the dockets of the the ff steps may be taken to

judiciary

CASES SUBJECT TO MEDIATION FOR JDR

secure such compliance
a. Drafting of a compromise
agreement by the parties, with
1. All civil cases, settlement of estates, and the assistance of their lawyers
cases covered by the Rules on Summary b. Prior to the signing, he judge
Procedure. may opt to explain the
EXE: those which by law may not be contents to the parties and
compromised make sure that they
I.E.: violation of traffic rules and understand what they are
regulations and violation of city signing, to obviate repudiation
and municipal ordinance. at some future date
2. Cases cognizance by the Luping c. Signing of the compromise
Tagapamayapa under the Katarungang agreement and the filing of a
Pambarangay Law. joint motion to approve the
3. The civil aspect of BP 22 compromise
4. The civil aspect of quasi-offense under d. Judge approves he
Title 14 RPC compromise agreement and
5. The civil aspect of estafa and libel (am no. renders a judgment based on
04-1-12-sc) compromise; and

6. The civil aspect of theft, (art.308 RPC)

Quasi-offenses; examples
e. copy of the judgment based
on compromise is sent to the
Phil Mediation Center [PMC]
1. Acts committed by reckless or simple for statistical purpose.
imprudence or negligence resulting for NOTE: if the period of
example in slight, less serious or serious payment in accordance with
physical injuries the terms of settlement
2. Imprudence resulting in damage to exceeds 1 yr, - the case may
property; and be archived upon motion of
3. Reckless or simple imprudence with the prosecution with

violation of the motor vehicle law.

STAGES IN THE JUDICIAL PROCEEDINGS

concurrence of the private
complainant and approval of
the judge.
WITH JDR 5. IF NO SETTLEMENT IS
1. From the filing of a complaint, to the REACHED AFTER JDR
conduct of CAM [Court-Annexed 6. the judge issues an order returning
Mediation] and JDR during the pre-trial the case to the Office of he Clerk of
stage; and Court for raffling; and

2. Pre-trial proper to trial and judgment

PROCEDURE
- the clerk raffles the case to
another judge who will
conduct the pre-trial proper
1. The judge to whose the case has been and trial until the case is
originally raffled shall preside over the first
stage.
- He shall be called the JDR judge.
decided

NOTE: a copy of the order referring the

NOTE: the JDR judge shall not case to the Office of the Clerk of Court
preside over the trial of the same raffle should be furnished the PMC for
case even when mediation did not
succeed. Further, the judge who shall statistical purposes.

conduct the pre-trial is not the JDR

judge.
RATION: so the parties will be more
spontaneous, without any reservation

2.
during the JDR proceedings.
The JDR judge shall act

a. a s m e d i a t o r a n d c o n c i l i a t o r,
facilitating the settlement discussion

between the parties and tries to
reconcile their differences; and

b. as a neutral evaluator, the judge shall
persuades the parties to reconsider

their prior reluctance to settle their
case amicably. Can even talk

privately with the parties without their
lawyers.

c. try to summarize the main issues in
contention and try to probe the
various interests of the parties at play.

CAUTION: This note was made by a boy who has much spare time to doodle. Sadly, he is mere mortal and definitely not an expert on the
subject. So be cautioned [redundant much].
DISCLAIMER: No copy right infringement intended. Everything here was done in good faith and admiration, promise.
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THE AWESOME NOTES

CONFIDENTIALITY OF JDR PROCEEDINGS

HENCE,
C O U R T- A N N E X E D M E D I AT I O N

GUIDELINES

- The proceeding shall be done privately; 1. RE-ORIENTATION OF ATTITUDES

and TOWARDS DISPUTE
- The judge shall not pass on any
information obtained in the course of
conciliation, early evaluation, or mediation

2.
- for mediation

RE-ORIENTATION OF LAWYER'S
to he trial judge or any other person. ROLE IN THE MEDIATION
EXE: confer in confidence with the - to shift and accept role of an
mediator who previously mediated the adviser or consultant and
case, MERELY for the purpose of collaborator with the other counsel,
determine unresolved issues. rather than the combative role in
- taking notes is strictly limited for the
personal consumption of the judge
and should not form part of the

3.
adjudication.

PREPARATION FOR PARTICIPATION

records of the case, to preserve IN MEDIATION

confidentiality. After the order from he court ordering to

proceed to mediation, the counsel
shall inform their clients
that mediation proceeding is
essentially negotiation, stressing its

difference from litigation.

The substance of the upcoming

mediation, such as:
- the substantive issues
involved in their dispute with
the other party and their
prioritization in terms of
importance to client
- study of he other side's
position in relation to the
issues with a view to
understanding the underlying
fears, concerns and needs
underneath said position
- information or facts t be
gathered or sought from the
other side or to be exchanged
that are necessary for
informed decision making
- possible bargaining options
but stressing the need to be
open-minded about other
possibilities; and
- the best, worst and most likely
alternatives to a negotiated
agreement
4. PARTICIPATION IN THE MEDIATION
SESSIONS
LAWYERS MUST
%L. allow their clients to take
responsibility for making
decision during the
negotiation within the
mediation process
%L. restraint themselves from
dominating the process and
instead allow their clients to
take the initiative in the
discussions and create
various options that are
relevant to their own personal
interest.

EXE: lawyer may take an
active role if their client cannot
bargain effectively. 

Further a lawyer may ask for
a recess, as often as may be
necessary, in order to give
advice or suggestions to client
in private.
1. ASSISTANCE IN PREPARING A
COMPROMISE AGREEMENT OR
WITHDRAWAL OF COMPLAINT

AND SATISFACTION OF CLAIM


CAUTION: This note was made by a boy who has much spare time to doodle. Sadly, he is mere mortal and definitely not an expert on the
subject. So be cautioned [redundant much].
DISCLAIMER: No copy right infringement intended. Everything here was done in good faith and admiration, promise.
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THE AWESOME NOTES

DISCOVERY PROCEDURES
IN CRIMINAL CASES
• the mode of discovery provided in civpro are
equally applicable in criminal proceedings, as
there is nothing in the rules which provide for

the contrary.

RULE 116 SEC. 10

- production and inspection of material
evidence in possession of the prosecution
• equivalent to Rule 27; production and
inspection of documents or things
RULE 116 SEC. 11
- arraignment may be suspended among
others if the accused appears to be
suffering from an unsound mental
condition.
• the examination could be conducted

under the spirit of Rule 28

HOWEVER; for the taking of deposition

- such depends upon the discretion of
the court whether or not to grant/allow
it.
- it depends on its own appreciation
whether such would amount to
superfluity or necessary in gathering
evidence or adds to its

persuasiveness.

CAUTION: This note was made by a boy who has much spare time to doodle. Sadly, he is mere mortal and definitely not an expert on the
subject. So be cautioned [redundant much].
DISCLAIMER: No copy right infringement intended. Everything here was done in good faith and admiration, promise.
ΑΘΒ/ΑΑΑ
 CRIMINAL PROCEDURE !
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THE AWESOME NOTES
to run as to the subsequent charge had
TRIAL there been no previous charge if the
information is dismissed upon motion of
the prosecution and thereafter a charge

WHEN TRIAL SHALL COMMENCE

• WITHIN 30 DAYS
is filed against the accused for the same
offense
11. Reasonable when the accused is joined
- from the receipt of the pre-trial order; or for trial with a co-accused over whom
- from notice of the order granting a new the court has not acquired jurisdiction;
trial. or as to whom the time for trial has not
EXE: UPON EXTENSION --- run and no motion for separate trial has
not exceeding 180 days from notice of the been granted
order 12. A continuance granted by any court,
On the Ground: motu proprio, or on motion of either the
That the period becomes impractical due accused or his counsel, or the
to prosecution, if the court granted the
1. unavailability of witnesses; and continuance on the basis of its findings
2. other factors

TIME TO PREPARE FOR TRIAL


set forth in the order that the ends of
justice served by taking such action
outweigh the best interest of the public
AFTER PLEA OF NOT GUILTY IS ENTERED
- the accused shall have at least 15 days to and he accused in a speedy trial.

prepare for trial

EFFECT OF NOT BRINGING THE ACCUSED

CONTINUOUS TRIAL
- trial once commenced, shall continue
from day to day as far as practicable
TO TRIAL WTHIN THE PERIOD until terminated.
PRESCRIBED
- but it may be postponed for a
• The information may be dismissed upon the reasonable period of time for good
motion of the accused cause.
- as such amounts to denial of the right of
- to ensure speed trial, the court shall set

the accused to speedy trial. the case for continuous trial on a weekly
or other short-term trial calendar at the

note: DJ will set-in in this instance.

In such instance

earliest possible time.

The court shall do so after

the burden of proving denial of right to consultation with the prosecutor and
speedy trial

- rest upon the accused defense counsel.

TRIAL PERIOD
while the burden of going forward with the In no case shall the entire trial period
evidence to establish that the delay
- EXCEED 180 days
belongs to the exclusion of the time
- From the first day of trial
- rests upon the prosecutor

D E L AY S T O B E E X C L U D E D F R O M


EXE: as otherwise authorized by the SC


POSTPONEMENT OR CONTINUANCE

COMPUTING THE PERIOD FOR IS GRANTED IF
COMMENCEMENT OF THE TRIAL;
- continuing the proceeding is impossible

SOME EXCEPTIONS or would reach in a miscarriage of
Delay resulting from:
1. An examination of the physical and mental
justice.

FACTORS TO BE CONSIDERED IN
conditions of the accused GRANTING
2. Proceedings with respect to other criminal
%L. W O N t h e f a i l u r e t o g r a n t t h e
charges against the accused continuance would likely make a
3. Extraordinary remedies against continuation of such proceeding
interlocutors orders impossible or result n miscarriage of
4. Pre-trial proceedings; provided that the justice; or
delay does not exceed 30 days
%L. WON the case taken as a whole is so
5. Order of inhibition, or proceedings relating novel, unusual, and complex due to
to change of venue of cases or transfer number of accused or the nature of the
from other courts prosecution, or that it is unreasonable to
6. A finding of the existence of a prejudicial expect adequate preparation within the
question
7. Reasonably attributable to any period not
exceeding 3 days, during which any
periods of time established therein.

proceeding concerning the accused is

actually under advisement
8. The absence or unavailability of an
essential witness
AN ESSENTIAL WITNESS IS
CONSIDERED ABSENT; when:
- his whereabouts are
unknown or his whereabouts
cannot be determined by due

diligence.

AND CONSIDERED UNAVAILABLE

WHEN

- his whereabouts are known but his
presence for trial cannot be obtained
by due diligence
9. The mental incompetence or physical
inability of he accused to stand for trial
10. The date the charge was dismissed to the
date the time limitation would commence

CAUTION: This note was made by a boy who has much spare time to doodle. Sadly, he is mere mortal and definitely not an expert on the
subject. So be cautioned [redundant much].
DISCLAIMER: No copy right infringement intended. Everything here was done in good faith and admiration, promise.
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THE AWESOME NOTES

CONDITIONAL EXAMINATION OF WITNESS HOW TO SECURE APPEARANCE OF A

EVEN BEFORE TRIAL MATERIAL WITNESS
Either party may upon motion, secure an

ON THE FF GROUNDS

Witness on behalf of the accused

order from the court for a material witness to
post bail
4. for such sum as may be deemed proper
1. Be sick or infirm and there s no reasonable 5. if the court is satisfied upon either proof
ground to believe that he will be able to or oath that a material witness will not

2.
attend trial because of his conditions
Although not sick or infirm, may reside
more than 100km from the place of the trial
testify when required.

If the witness refuses to post bail,

and has no means to attend the trial; or - the court shall commit him to prison
3. Other circumstances that exists that would UNTIL: he complies or is legally
make him unavailable during the trial or discharged after his testimony has

prevent him from attending the same.

Witness on behalf of he prosecution

been taken.

WHEN 2 OR MORE ACCUSED ARE

1.

2.
Witness is too seek or infirm to appear at
the trial; or
Has to leave the Philippines with no define

JOINTLY CHARGED FOR AN OFFENSE

They shall be tried JOINTLY

date of returning

REQUISITES
UNLESS
The court, upon motion of the prosecutor or
any of the accused,
1. Upon motion to have his witness be - orders a separate trial for one or more of

2.
3.
conditionally examined
With notice to the other parties
The motion shall state
the accused.

IN CASE JOINTLY CHARGED; ONE MAY

2.

3.
the name and the residence of the
witness
the substance of his testimony; and

BE DISCHARGED

When one becomes a witness for the State


4. the reason/s for his inability to attend REQUISITES

the trial

IF THE COURT IS SATISFIED AND GRANTED

1.

2.
Consent of the accused to become a
state witness
Motion filed by the prosecutor for the

SUCH MOTION
3.
discharge of the accused; and
Such motion filed before the prosecution
SHALL NOTIFY THE PROSECUTOR
- at least 3 days before the scheduled rests its case

examination.

WHERE CONDITIONAL EXAMINATION

THE COURT, UPON RECEIPT OF SUCH

MOTION

SHALL BE TAKEN

I. IF THE PROSECUTOR DOES NOT

SHALL CONDUCT HEARING,
and direct the discharged if it is satisfied that:
1. There is absolute necessity for the

ATTEND DESPITE OF SUCH NOTICE

The examination shall be taken before the 2.

testimony of the accused whose
discharge is requested
That there is no other direct evidence
1. Judge available for the proper prosecution of
2. If not practicable, before a member of the the offense committed, except the
bar in good standing so designated by the testimony of the accused

II.
judge in the order.

IT MAY ALSO BE TAKEN BEFORE AN

3. The testimony of the said accused can
be substantially corroborated in its
material points

-
INFERIOR COURT

if the order is made by a court of superior

4.

5.
Said accused does jot appear to be the
most guilty; and
Said accused has not at any time been
jurisdiction.
 convicted of any offense involving moral

~ A written record of the testimony shall be
taken. turpitude.

EVIDENCE ADDUCED DURING THE

III. C O N D I T I O N A L E X A M I N AT I O N O F DISCHARGE HEARING
WITNESS ON BEHALF OF THE 1. Evidence adduced in support of the
PROSECUTION SHALL BE TAKEN discharge shall automatically form part
2. before the court where the case is pending of the trial
3. shall be conducted in the same manner as 2. If the COURT DENIES the motion for

an examination at the trial. the discharge of the accused as state

witness, his sworn statement shall be in
REFUSAL OR FAILURE OF THE ACCUSED
TO ATTEND THE EXAMINATION AFTER DUE
NOTICE
admissible in evidence.

EFFECT OF DISCHARGE OF AN
SHALL BE CONSIDERED AS ACCUSED TO BE A STATE WITNESS
1. waiver of the right that the examination 1. Acquittal
shall be made in his presence; and 2. Bars another prosecution for the same
2. the statement taken therein may be offense

admitted in behalf or against the accused. UNLESS: if the accused

- fails or refuses to testify
against hi co-accused in
accordance with his sworn
statement constituting the
basis for his discharge.



CAUTION: This note was made by a boy who has much spare time to doodle. Sadly, he is mere mortal and definitely not an expert on the
subject. So be cautioned [redundant much].
DISCLAIMER: No copy right infringement intended. Everything here was done in good faith and admiration, promise.
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THE AWESOME NOTES

MISTAKE IN CHARGING THE PROPER REQUISITES FOR REOPENING THE

OFFENSE CASE
Which becomes manifest at any time before %L. Must be before the finality of a
judgment, judgment of conviction
and because of this mistake, 
 %L. The order is issued by the judge on
the accused cannot be convicted of the his own initiative or upon motion
offense charged or any offense necessarily %L. The order is issued only after

included therein

EFFECTS
hearing is conducted
%L. The order intends to prevent
miscarriage of justice; and
1. The accused shall not be discharge %L. The presentation of additional and/
- if there is a good cause to detain or further evidence should be
him; and terminated within 30 days from its
2. the original case shall be dismissed
upon the filing of the proper
information; and
issuance of the order.

NOTE: the participation by the defense

3. the court shall commit the accused to counsel in cross-examining the witness

answer for the proper offense for the prosecution and in the
proceeding after the case was reopened

ORDER OF TRIAL

1. The prosecution shall present its evidence

by the judge without prior hearing

DOES NOT AMOUNT TO WAIVER

of the accused objection to the order
first reopening the case.
2. To prove the charge; and - as for there to have a valid waiver,
3. To prove the civil liability in the proper such must be certain and

2.
case.
The accused will then present his evidence
to prove
unequivocal.

TRIAL IN ABSENTIA
- His defense; and THE RULE IS
- the damage he sustained, if any, - the accused has the right to be present,
arising from the issuance of a if he so desires, from arraignment to the

3.
provisional remedy in the case
The prosecution may present rebuttal
evidence

rendition of the judgment


BASIS: RULE III SEC. 14 (2)




UNLESS
BUT THIS RIGHT MAY BE WAIVED
the court allows to present additional

4.
evidence bearing on the main case
The accused may present sur-rebuttal (TRIAL IN ABSENTIA)

REQUISITES
evidence
1. The accused has already
UNLESS been arraigned
the court allows him to present 2. The accused has been duly
additional evidence bearing on the notified of the trial or hearings;
main issue. and
5. Upon submission of the evidence of the 3. The absence of the accused
parties, or his failure to appear is
the case shall be DEEMED
SUBMITTED FOR DECISION
UNLESS the court directs them
unjustified

INSTANCES WHEN THE PRESENCE OF

to argue orally or submit written THE ACCUSED IS REQUIRED

memoranda

MODIFICATION OF ORDER OF TRIAL;

1.

2.
At arraignment and plea, whether of
innocence or of guilt
During trial, whenever necessary for
REVERSE TRIAL WHEN identification purposes; and
- the accused admits the act or omission 3. At the promulgation of sentence
charged in the complain or information UNLESS: it is for light offense

- BUT interpose a lawful defense.

REOPENING OF THE PROCEEDINGS


2. as the accused may appear
by counsel
representative
or
TIMEFRAME RATION
at any time before finality of the judgment of Due process is meant for both the
conviction People and the accused, and the
UPON identification if the accused in open
- motion or motu proprio, with hearing court is one of the essential elements in

in either case

GROUNDS FOR REOPENING

proving the People's case.


to avoid miscarriage of justice

D U R AT I O N O F R E O P E N E D
PROCEEDING
- shall be terminated within 30 days

from the order granting it.

CAUTION: This note was made by a boy who has much spare time to doodle. Sadly, he is mere mortal and definitely not an expert on the
subject. So be cautioned [redundant much].
DISCLAIMER: No copy right infringement intended. Everything here was done in good faith and admiration, promise.
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THE AWESOME NOTES

NOT EVERY MOTION TO DISMISS IS A

DEMURRER TO EVIDENCE

DEMURRER TO EVIDENCE

DEMURRER TO EVIDENCE

AS DEMURRER TO EVIDENCE
3. A dismissal of the case based on is based on the insufficiency of the evidence

insufficiency of evidence.

By the Accused
of the prosecution and must make references
to the evidence on record.
HENCE a motion to dismiss not
4. upon motion grounded on insufficiency of evidence is
5. with or without leave of court not a demurrer to evidence.

6. after the prosecution rested its case

By the Court
FURTHER must consider the ff
1.whether the MD partakes the
nature of demurrer to evidence:
- on its own initiative 2.The allegations in it must be
- but shall do son only after giving the made in GF
prosecution the opportunity to be 3.The stage if the proceeding at

heard.

TIMEFRAME FOR SUCH FILING

which it is filed ( whether before
or after the prosecution rested its
case)
- from the time the prosecution rests its 4.Primary objective of the party

case, in general.

DEMURER TO EVIDENCE WITH LEAVE OF

filing it.

WHY THE NEED OF DISTINCTION/

COURT


REQ FOR THE MOTION

CLASSIFICATION
in order to determine the effects if granted or
denied, depending on whether it is treated as
1. Must specifically state its grounds MD or D2E.
2. Shall be filed within the non-extendible Especially so that in D2E there is waiver
period of 5 days after the prosecution rests of right to present evidence in case of

its case.

THE PROSECUTION MAY OPPOSE

denial.

GRANTING OF DEMURRER IS AN
2. within the non-extendible period of 5 days ACQUITTAL

from its receipt. Thus, it is inappealable as to do so, would

place the accused in double jeopardy.
IF GRANTED
3. the accused shall file the demurrer to
evidence within the non-extendible
UNLESS: GAD Rule 65

period of 10 days from notice

4. the prosecution may oppose within

the same period from its receipt.

EFFECT
- the case is dismissed, and the

accused is as good as acquitted.


IF DENIED
- such is not reviewable by appeal or
certiorari before judgment.
UNLESS:

tainted by GAD warranting Rule 65

EFFECT OF DENIAL
the accused may adduce evidence in

his defense.

DEMURRER TO EVIDENCE WITHOUT LEAVE

OF COURT

IF GRANTED
the case is dismissed and the effect is an
acquittal.

- not reviewable by appeal or certiorari,

IF DENIED
%L. the accused waives the right to present
evidence and
%L. submits the case for judgment in the basis

of the evidence for the prosecution.

RATION:
As when demurrer to evidence is filed
without leave of court, the whole case is
submitted for judgment in the basis of the
evidence for the prosecution as the
accused is deemed to have waived the
right to present evidence.
- the denial is not reviewable by
appeal or certiorari.
UNLESS:
tainted by GAD wherein Rule 65
may lie.

CAUTION: This note was made by a boy who has much spare time to doodle. Sadly, he is mere mortal and definitely not an expert on the
subject. So be cautioned [redundant much].
DISCLAIMER: No copy right infringement intended. Everything here was done in good faith and admiration, promise.
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 CRIMINAL PROCEDURE
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61
THE AWESOME NOTES

DEMURRER TO EVIDENCE IN A CIVIL CASE

VS. DEMURRER TO EVIDENCE IN A
CRIMINAL CASE

IN CIVIL CASE IN CRIMINAL CASE

is anchored upon the

is predicated upon
failure of the plaintiff insufficiency of
to show upon the evidence
facts and the law,
that he is entitled to
relief.

Rule 33 requires no

Rule 119 Sec. 23
prior leave of court provides that it may
be filed with or
without leave of court

if denied: the

if denied: the
defendant does not accused may adduce
lose his right to evidence only when
present his evidence. the demurrer that
was denied was filed
with leave of court.
Hence, if filed without
leave of court, the
denial of such
amounts to waiver of
the right of the
accused to present
evidence and
submits the case for
judgment in the basis
of the evidence for
the prosecution.

if granted: the

no appeal is allowed
plaintiff may appeal
and if the dismissal
is reversed, the

as rule. EXE: GAD.

defendant is
deemed to have
waived his right to
present his
evidence.



CAUTION: This note was made by a boy who has much spare time to doodle. Sadly, he is mere mortal and definitely not an expert on the
subject. So be cautioned [redundant much].
DISCLAIMER: No copy right infringement intended. Everything here was done in good faith and admiration, promise.
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 CRIMINAL PROCEDURE
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THE AWESOME NOTES

RULE; when 2 or more offenses in a

JUDGMENT



JUDGMENT

single information or complaint

[DUPLICITOUS COMPLAINT OR
- is the adjudication Blythe court that the
accused is guilty or to guilty of the offense
charged

INFORMATION]

REMEDY OF THE ACCUSED

-

and the imposition on him of the proper
penalty and civil liability, if any.
file a Motion to Quash

GROUND:

REQUISITES OF A JUDGMENT

I. FORMAL REQUISITES
that complaint or information must charge
only one offense, except when the law
prescribes a single punishment for various
%L. It must be written in the official
language
%L. It must be personally and

offenses.

TIMEFRAME
directly prepared and signed by before the trial
the judge; and OTHERWISE;
%L. It must contain clearly and 1. the accused is deemed to have
distinctly a waived the defect and the court
- statement of the facts; and may convict him for as many

-the law upon which it is based

II. JURISDICTIONAL REQUIREMENTS


offenses as are charged and
proved; and
2. Impose on him the penalty for each
That the court which rendered the offense, setting out separately the
judgment must have jurisdiction over findings of fact and law in each
the
1. Subject matter
2. The territory; and
offense.

JUDGMENT RENDERED BY A JUDGE

3. The person of the accused.

CONTENTS OF A JUDGMENT OF
WHO DID NOT HEAR THE CASE
does not render the judgment erroneous,
especially when the evidence on record is
CONVICTION; CONTENTS OF JUDGMENT sufficient to support its conclusion.

OF ACQUITTAL 

A judgment of conviction shall state: VARIANCE DOCTRINE;
1. The legal qualification of the offense VARIANCE BETWEEN THE ALLEGATION
constituted by the acts committed by the AND PROOF [RULE 120 SEC. 4]
accused the accused shall be convicted of the offense
2. T h e a g g r a v a t i n g a n d m i t i g a t i n g proved which is included in the offense
circumstance which attended the charged. He may also be convicted of the
commission of the offense offense charged which is included in the
3. The participation of the accused in the offense proved.
offense: whether as principal, accomplice HENCE, a person charged with qualified
or accessory. ape can be found guilty of the lesser
4. The penalty imposed; and crime of acts of lasciviousness
5. The civil liability or damages caused by his
wrongful act or omission to be recovered
from the accused by the offended party, if

committed against a child

THE VARIANCE CONTEMPLATES A

there is any, unless the enforcement of the SITUATION WHERE
civil liability by a separate civil action has 1. The offense proved is different from

been reserved or waived.

NOTE: the judgment of conviction of the

the offense as charged in the
complaint or information; and
2. The offense as charged is either
accused must rest, not on the weakness of included in the offense proved or
the defense, but on the strength of the necessarily includes the offense
prosecution. The burden is on the
prosecution to prove guilt beyond
reasonable doubt, not on the accused to
proved.

THE JUDGMENT PRESUPPOSES

prove his innocence.

EFFECT OF JUDGMENT OF CONVICTION

that the court which rendered the
judgment has jurisdiction over the case
based on the allegation and the
cancellation of the bail bond
REMEDY:
- file with the CA a "Motion to Review

information

VARIANCE DOCTRINE;
the Order of Cancellation of the Bail" AS AN EXCEPTION TO THE RULE

-

as an incident of he appeal. - that the accused shall be convicted
only of the crime with which he is
note: rule 65 not proper and is

charged.

proscribed.

THE JUDGMENT OF ACQUITTAL SHALL

WHEN AN OFFENSE INCLUDES OR
IS INCLUDED IN ANOTHER
An offense charged is necessarily
STATE
includes the offense proved
1. WON the evidence of the prosecution
- when some of the essential
2. absolutely failed to prove the guilt of
elements or ingredients of he
the accused; or
former, as alleged in the complaint
3. merely failed to prove his guilt beyond
or information, constitute the latter.

reasonable doubt
2. Determine if the act or omission form
which the civil liability might arise did not



exist.


NOTE: a verdict of acquittal is immediately

executory.

CAUTION: This note was made by a boy who has much spare time to doodle. Sadly, he is mere mortal and definitely not an expert on the
subject. So be cautioned [redundant much].
DISCLAIMER: No copy right infringement intended. Everything here was done in good faith and admiration, promise.
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 CRIMINAL PROCEDURE
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63
THE AWESOME NOTES

VARIANCE IN THE MODE OF THE RULE IF THE ACCUSED FAILS TO

COMMISSION OF THE OFFENSE
 APPEAR IN THE PROMULGATION OF
is binding only upon the accused if he JUDGMENT DESPITE OF NOTICE

fails to object to evidence showing the promulgation shall be made by
that the crime was committed in a 1. recording the judgment in the criminal
different manner than what was docket; and
alleged 2. Serving him a copy thereof at his last
and shall not bar the conviction
of the crime charged in the
information, when such variance
known address or thru counsel

IF JUDGMENT IS FOR CONVICTION, AND

is not fatal. THE FAILURE OF THE ACCUSED TO

APPEAR IS WITHOUT JUSTIFIABLE
ILLUSTRATION

- charged B for rape by sexual
assault through force and

CAUSE

EFFECTS
intimidation, but the victim alleges 1. h e s h a l l l o s e t h e r e m e d i e s
that the accused inserted his kitty boy available in the Rules of Court
while she was sleeping. Such against the judgment; and
variance is not fatal as the accused
nonetheless commits the elements of 2. the court shall order his arrest

the offense charged.

PROMULGATION OF JUDGMENT

REMEDY OF THE ACCUSED
WITHIN 15 DAYS from the promulgation
of judgment the accused may
HOW PROMULGATED 1. Surrender; and
by reading it in the presence of the accused and 2. File a motion for leave of court to
HENCE: it presupposes that the accused avail of the remedies.
must be present during the promulgation of 2. proves the absence if for
the judgment.
EXE: if he conviction is for light
offense
justifiable reason

IF GRANTED
- the judgment maybe be may avail of the remedies

pronounced in the presence of
his counsel or representative WITHIN 15 DAYS from notice

MODIFICATION OF JUDGMENT
IT SHALL BE PROMULGATED BY A judgment of conviction may be modified or
%L. any judge of the court in which it was set aside upon motion of the accused,
rendered or 1. Before the judgment becomes final; or
%L. by the clerk of court if the judge is
absent or outside the province or city.
%L. If the accused is confined or detained

2. Before the appeal is perfected.

JUDGMENT BECOMES FINAL

in another province or city, the 1. After the lapse of the period for
judgment may be promulgated by the perfecting an appeal,
RTC having jurisdiction over the 2. When the sentence has been partially or
peace of confinement or detention totally satisfied or served
upon request of the court which 3. When the accused has waived in writing

rendered the judgment.


NOTE: THE COURT PROMULGATING

his right to appeal; or
4. The accused has applied for probation.

THE JUDGMENT

- shall have the authority to accept the
notice of appeal and to prove the bail bond

pending appeal.

IF THE DECISION OF THE TRIAL COURT

CONVICTING THE ACCUSED CHANGED
THE NATURE OF THE OFFENSE FROM
NON-BAILABLE TO BAILABLE
the application for bail can only be filed with and

resolved by the appellate court.

HOW ACCUSED IS TO BE NOTIFIED OF THE

PROMULGATION OF THE JUDGMENT
The notice shall be given by the Clerk of Court
personally to the
1. accused; or through his bondsman; or
warden and counsel; and

2. Counsel

If the accused is tried in absentia

because
2. he jumped bail or
3. escapes from prison
T H E N O T I C E TO H I M S H A L L B E
SERVED
• at the last known address



CAUTION: This note was made by a boy who has much spare time to doodle. Sadly, he is mere mortal and definitely not an expert on the
subject. So be cautioned [redundant much].
DISCLAIMER: No copy right infringement intended. Everything here was done in good faith and admiration, promise.
ΑΘΒ/ΑΑΑ
 CRIMINAL PROCEDURE
!
64
THE AWESOME NOTES

NEW TRIAL OR
RECONSIDERATION

EFFECTS IF GRANTED

1. IF BASED ON ERROR OF LAW

OR IRREGULARITIES DURING
THE TRIAL

FILING OF A MNT/MR

HOW DONE
a. All the proceedings and the
evidence affected thereby
shall be
1. Through a motion filed by the accused 2. Set aside;
2. The court at its own instance, but with the 3. Taken anew; and
consent of the accused b. the court in the interest if

~ see Sec. 1 Rule 121

FORM OF THE MOTION

justice, may allow additional
evidence

1. Shall be in writing 2. I F B A S E D O N N E W LY-

2. Shall state the rounds on which it is base DISCOVERED EVIDENCE
3. [ADD] If the motion is based on newly- 2.the evidence already adduced
discovered evidence shall stand
2. The motion must be supported by: 3. and the newly-discovered
• affidavits of witnesses by whom such evidence and other evidence
evidence is expected to be given; or which the court may allow in
• by duly authenticated copies of the interest of justice, shall be
documents which are proposed to be taken and considered

NOTICE
introduced in evidence.

together with the evidence
already in the record

Notice of the motion for MNT or MR 3. IN GENERAL

3. shall be given to the prosecutor.

WHEN HEARING OF THE MOTION IS

- the original judgment shall be
set aside or vacated and a
new judgment shall be
REQUIRED
Hearing shall be conducted when he MNT calls rendered accordingly.

B. RECONSIDERATION
for

4. a resolution of a question of fact. GROUND
MANNER OF HEARING 4. Errors of law in the judgment which
the court may hear evidence in the motion requires further proceedings

by affidavits or otherwise

A. NEW TRIAL
5. Errors if fact which also requires no

further proceedings.

GROUNDS
IF GRANTED [EFFECTS]
2. the original judgment shall be set
1. That the errors of law have been aside or vacated; and
committed during he trial 3. a new judgment shall be rendered
2. That irregularities prejudicial to he
substantial rights of the accused have
been committed during the trial; or
accordingly

NEYPES RULE
3. That a new and material evidence Following Judith Yu vs Samson-Tatad

has been discovered 02-09-11

the NEYPES Rule applies to
REQUISITES
DISCOVERED EVIDENCE
FOR

1. The evidence must have been

N E W LY

appeals in criminal case.

discovered after the trial

2. It could have been previously
discovered and produced at the trial
with the exercise of reasonable
diligence
3. It is a new and material evidence
4. If introduced and admitted, it would

probably change the judgment


DETERMINATIVE TEST FOR #2:

2.the presence of due or reasonable
diligence to locate the thing to
be used as evidence in the trial.

CAUTION: This note was made by a boy who has much spare time to doodle. Sadly, he is mere mortal and definitely not an expert on the
subject. So be cautioned [redundant much].
DISCLAIMER: No copy right infringement intended. Everything here was done in good faith and admiration, promise.
ΑΘΒ/ΑΑΑ
 CRIMINAL PROCEDURE
!
65
THE AWESOME NOTES

EXE

APPEALS • some facts or circumstance of weigh
and substance have been overlooked,
APPEAL misapprehension, misinterpreted, or he
-
-
not a natural right nor part of due process
BUT merely a statutory privilege and may court gravely abused it's discretion.

be exercised only in the manner and in
accordance with the provisions of law.
WHERE TO APPEAL / HOW TO APPEAL

TO THE RTC
WHO MAY APPEAL in cases decided by the METC, MTC in cities,
Any party.
- This includes the prosecution, provided
that the accused is not placed in double

MTC and MCTC

HOW TO APPEAL

jeopardy


NOTE: when the accused appeal his

BY NOTICE OF APPEAL
4. filed with the court which rendered
the judgment or final order
conviction appealed from; and
- he deemed to have waived his right by serving a copy thereof
against double jeopardy, and upon the adverse party.
- runs the risk of being sentenced to a ( in accordance with Rule 122

penalty higher than that imposed by
the trial court. Sec. 3a )

TO THE CA or SC (in proper case

SUBJECT MATTER FOR REVIEW ON provided by law)

APPEAL

IN CRIMINAL CASE

in cases decided by the RTC

appeal throws the whole case open for review,

and it becomes the duty of the appellate court

HOW TO APPEAL

In cases decided by the RTC in the

to correct such errors as may be found in the exercise of its original jurisdiction
judgment appealed from, BY NOTICE OF APPEAL
whether they are made the subject of the 2. filed with the court which rendered
assignment of errors or not

IN CIVIL CASE
the judgment or final order
appealed from; and
by serving a copy thereof
GEN RULE: upon the adverse party
no error will be considered by the appellate (in accordance with Rule 122

court unless stated in the assignment of errors

EXE: when the error

Sec. 3a )

In cased decided by the RTC in the

1. affects the jurisdiction of the court exercise of its appellate jurisdiction
over the subject matter to CA
2. affects the validity of the judgment BY PETITION FOR REVIEW
appealed from or the proceedings 3. with the said court under Rule 42
therein ( in accordance with Rule 122
3. is closely related or dependent on an
assigned error and properly argued in
the brief; and
Sec. 3b )

Where the penalty imposed by the

4. the error is a plain error or a clerical RTC is
error; and 1. R e c l u s i o n p e r p e t u a o r l i f e
5. and the consideration of errors not imprisonment
assigned on appeal is necessary in 2. Where a lesser penalty is imposed
arriving a a complete and just but for offense committed in the
resolution of the case or to serve the same occasion or which arose out
interest of justice or avoid piecemeal of the same occurrence that give
justice

CHANGE OF THEORY ON APPEAL


rise to the more serious offense for
which the penalty for death, RP or
LI is imposed.
PROHIBITED to CA
2. party cannot change his theory on appeal BY NOTICE OF APPEAL
nor raise in the appellate court any ( in accordance with Rule 122
question of law or of facts that was to
raised in the court below or which was not
within the issue raised by the parties in
Sec. 3a )

No appeal is necessary in case where

their pleadings. the RTC imposed death penalty.
RATION: It shall be automatically reviewed by the
to allow the contrary is offensive to CA.
the basic rules of fair play, justice and NOTE: death penalty is already
due process

FACTUAL FINDINGS; CREDIBILITY OF

revoked by RA 9364.

WITNESS
as determined by the Trial Court shall be
accorded with great respect by the Appellate
Court, and even conclusive if accompanied by
evidence.
3. as the trial court had the advantage to
observe the witness first hand their
demeanor, conduct and attitude

under examination

CAUTION: This note was made by a boy who has much spare time to doodle. Sadly, he is mere mortal and definitely not an expert on the
subject. So be cautioned [redundant much].
DISCLAIMER: No copy right infringement intended. Everything here was done in good faith and admiration, promise.
ΑΘΒ/ΑΑΑ
 CRIMINAL PROCEDURE !
66
THE AWESOME NOTES
TO THE SC

in cases decided by the CA

WITHDRAWAL OF APPEAL

IF AN APPEAL HAS BEEN PERFECTED

HOW TO APPEAL

FROM MTC TO THE RTC
BY PETITION FOR REVIEW ON
The appeal may be withdrawn when so
CERTIORARI UNDER RULE 45
allowed by the MTC
because the procedure for he review
AS LONG AS; the records has not been
by the SC of decision in criminal
transmitted or forwarded to the appellate
cases rendered the CA shall be the

same as in civil cases.


court (RTC)

RTC MAY ALLOW THE WITHDRAWAL

EXE

OF PERFECTED APPEAL;
If CA imposes penalty of RP or LI
PROVIDED:
or a lesser penalty,
1. A motion to withdraw if filed
BY NOTICE OF APPEAL
2. The motion is filed before the RTC
4. filed with the CA
who renders the judgment on

see Rule 122 Sec. 3e
appeal

EFFECT OF WITHDRAWAL
WHEN APPEAL IS TO BE TAKEN
WITHIN 15 DAYS
2. the judgment becomes final

EFFECT OF APPEAL BY ANY OF

5. from promulgation of the judgment or from

notice if the final order appealed from. 


SEVERAL ACCUSED

GEN RULE:
SUCH PERIOD FOR PERFECTING AN shall not affect those who did not appeal

APPEAL SHALL BE SUSPENDED EXE:
FROM the time a motion for new trial or Insofar as the judgment of he appellate court
reconsideration is filed is favorable and applicable to the latter.
UNTIL notice of the order overruling NOTE:
he motion has been served upon the the application of the exception to "those
accused or his counsel at which time who did not appeal" is construed
the balance of the period begins to liberally.
run.

SERVICE OF NOTICE OF APPEAL

Thus, it includes those who
withdrew their appeal or to those in
some way or another, the judgment
1. Personally, upon the adverse party or his of conviction becomes final and
counsel; or
2. If personal service cannot be made, may
be done by registered nail or by
executory.

APPEAL FROM THE CIVIL ASPECT

substituted service pursuant to Sec. 7 & 3. shall not affect the criminal aspect of the
Sec. 8 of Rule 13

TRANSMISSION OF THE PAPERS TO

judgment or order appealed from.
4. same period for appeal is afforded to the
offended party as the period allowed to
APPELLATE COURT
The clerk of court with whom the notice of
appeal was filed
the accused for appeal.

PERIOD TO APPLY FOR PROBATION


must transmit to the clerk of court of the MUST BE MADE
appellate court, WITHIN THE PERIOD for perfecting an
6. WITHIN 5 DAYS from the filing of the appeal
notice of appeal - which is, 15 days from promulgation of
1. The complete record of the case the judgment or from notice of the final
2. Together with the notice of
appeal.
3. The original and 3 copies of the
order appealed from.

EFFECT OF PERFECTED APPEAL

stenographic notes shall stay the execution of the judgment or
2. a copy of the transcript shall remain final order appealed from.
in the lower court

NOTICE TO THE PARTIES; AFTER THE

NOTE: the stay of execution shall not
apply to
- those who failed to filed to file an
TRANSMISSION OF THE RECORDS
appeal, this with respect to several
If the appellate court is the RTC

Upon receipt of the complete record of the
case, transcripts and exhibits

accused.

POWER OF THE CA
The Clerk of Court of the RTC
%L. To try cases and conduct hearings
shall notify the parties of such facts

SUBMISSION OF MEMORANDA OR BRIEF

%L. Receive evidence
%L. Perform all acts necessary to resolve
factual issues raised in cases falling
WITHIN 15 DAYS
within its original and appellate
from receipt of notice of the transmission of the
jurisdiction
records by the parties
THEY SHALL / AS MAY BE REQUIRED BY %L. Including, power to grant and conduct
new trial and further proceedings

THE RTC

3. to submit memoranda or brief

THEREAFTER
NOTE:

Trials or hearings conducted in the CA
must be continuous and must be
4. u p o n t h e s u b m i s s i o n o f t h e completed in 3 mos, unless extended by
memoranda or briefs; or
5. upon the expiration of the period to the CJ.

file the same


THE RTC SHALL DEIDE THE CASE

- on the basis of the entire records of

the case and of such memoranda or
briefs as may have been filed.

CAUTION: This note was made by a boy who has much spare time to doodle. Sadly, he is mere mortal and definitely not an expert on the
subject. So be cautioned [redundant much].
DISCLAIMER: No copy right infringement intended. Everything here was done in good faith and admiration, promise.
ΑΘΒ/ΑΑΑ
 CRIMINAL PROCEDURE
!
67
THE AWESOME NOTES

DISMISSAL OF APPEAL BY THE CA

- upon motion of he appellee or motu
proprio

- with notice to the appellant in either case

ON THE GROUND THAT

1. The appellant fails to file his brief
within the time prescribed by this
Rule
EXE where the appellant is
represented by counsel de
oficio.
2. If the appellant
2.e s c a p e s f r o m p r i s o n o r
confinement
3.jumps bail; or
4.flee to a foreign country

= during the pendency of the appeal.

GROUND FOR REVERSAL OF JUDGMENT

OR ITS MODIFICATION

GEN RULE
The court is mandated not to reverse or modify
a judgment
UNLESS

finds after the examination of the record
and the evidence
- that error has been committed which
injuriously affects the substantial

rights of the appellant.

REVIEW OF DECISIONS OF THE CA

The procedure for the review by the SC of
decisions in criminal cases rendered by the CA

- shall be the same as in civil cases.

APPLICABILITY OF THE RULES IN THE CA

TO THE SC

RULE 125 SEC. 1

unless otherwise provided by the constitution or
by law, the procedure in the SC in original and

in appealed cases shall be the same in the CA.

RULE IF THE OPINION OF THE SC EN BANC

IS EQUALLY DIVIDED OR NECESSARY
MAJORITY CANNOT BE HAD WHETHER TO
ACQUIT THE APPELLANT
- the case shall again be deliberated upon
- if no decision is reached after the re-
deliberation, he judgment of conviction of
the lower court shall be reversed and the
accused acquitted.


CAUTION: This note was made by a boy who has much spare time to doodle. Sadly, he is mere mortal and definitely not an expert on the
subject. So be cautioned [redundant much].
DISCLAIMER: No copy right infringement intended. Everything here was done in good faith and admiration, promise.
Prepared by: Ronie Ablan
~ EVER~