Salient Topics for Review in Criminal Procedure

CAVEAT: The coverage of the Final Examination, inclusive of

RULE 110
- relate institution of criminal action to prescription of felonies
under Article 90 of the RPC, or of offenses as provided by the
Special Penal law or, in the absence of express provision, as
provided in Act 3326.
- Know what offenses require Preliminary Investigation; what
do not. Relate to Rule 112 on the procedure in the conduct of
P.I.; procedure for those that do not require P.I., and those
governed by Summary Procedure. Review what offenses are
governed by Summary Procedure and the exceptions from the
coverage
- Relate Rule 110 to the grounds to quash in Rule 117; what
grounds. What grounds are curable by an amendment.
Effect of and procedure in sustaining the motion to quash.
When may an Order sustaining a motion to quash a bar to
another prosecution, and when may it not.
- When is there duplicity of offenses? What is the remedy if
there is such? Correlate to Section 3 of Rule 120.
- Distinctions between amendment and substitution. Correlate
to Section 19 of Rule 119, and Section 5 of Rule 120.

RULE 111
- review the rule on deemed institution of the civil aspect of the
offense. What are the exceptions? Are there felonies or
offenses that do not have private offended party?
- What kind of waiver of civil action is recognized?
- When is reservation of the civil action allowed? In what
offense reservation is not allowed?
- What is the procedure when the civil action was instituted
prior to the criminal action? What is the rule on suspension of
the civil action previously instituted? Correlate to existence of
prejudicial question. Requisites of prejudicial question.
- Offenses that can be prosecuted de oficio (public crime) from
offenses that cannot be prosecuted de oficio (private crime)
- Civil actions that proceed independently of the criminal
actions.
 - Effect of the death of the accused on the criminal action and
civil action. Correlate to Article 89 of the RPC on death as
manner of extinguishing criminal and/or civil liability.

RULE 112
- procedure in the conduct of preliminary investigation
- as correlated to Rule 110
- distinguish probable cause for the filing of Information from
probable cause for issuance of a warrant of arrest

RULE 113
- distinctions between jurisdiction over the person of the
accused and custody of the law; remedies available in either
instances
- Lawful warrantless arrest
- Probable cause to effect warrantless arrest under Section
5(b). Correlate to a valid preventive search, or search as an
incident to a lawful warrantless arrest (Sec. 13 Rule 126)

RULE 114
- Bail is available only when a person or accused is in custody
of the law
- Bail as matter of right, and a matter of discretion; exceptions
- Procedure if a matter of discretion
- When may bail be denied after conviction by the RTC?
- Procedure in application for bail in non-bailable offenses.
Summary hearing. Correlate to the Guidelines for Continuous
Trial of Criminal Cases. Who bears the burden of proof? Is
accused required to present that the evidence of guilt against
him is not strong?
- When may accused be allowed released on recognizance?
- When may bail not required? Know what law or rule of
provision that allows.
- Rule on increase or reduction of bail. Forfeiture and
cancellation of bail.
- When may accused released on bail be re-arrested without a
warrant?
- Will posting of bail a bar to question the illegality of arrest, or
the lack or irregularity of the conduct of preliminary
investigation?

RULE 116
- procedure in arraignment; purpose of arraignment
 - accused must be present and personally enters his/her plea
- procedure if accused refuses to enter a plea
- procedure when accused pleads guilty as charged, to a lesser
offense, or when offers to plea bargain
- period to arraign when accused is under detention, or when
posted bail. Correlate to the Guidelines for Continuous Trial
in Criminal Cases
- procedure in plea of guilty to a lesser offense; when allowed.
Correlate to Sec 28, Rule 130 2019 Amended Revised Rules
on Evidence
- procedure in plea of guilty to a capital offense
- withdrawal of improvident plea of guilty. Correlate to Sec 28,
Rule 130, 2019 Rules on Evidence
- Is a motion for a bill of particulars allowed in criminal cases?
- Are the modes of discovery applicable in criminal cases?
- What are the possible grounds to suspend the arraignment?

RULE 117
- as correlated to Rule 110
- When is conviction or acquittal a bar to another prosecution
for the same offense? Correlate to Section 21, Article III, Bill
of Rights, Constitution. What law provides the exception?
Correlate to Section 7, R.A. 10175, CyberCrime Law
- Periods of provisional dismissal
- Objections or grounds considered waived if not raised in a
motion to quash; exceptions

RULE 118
- mandatory in criminal cases
- appearance of accused not indispensable unless required by
the court; absence of the accused not a ground for issuance
of warrant of arrest
- what offenses in which civil liability is mediatable. Refer to the
Guidelines for Continuous Trial. NO JDR in criminal cases
- Purpose of Pre-trial Order

RULE 119
- distinction between right to speedy trial from right to speedy
disposition of the case. Correlate to Section 1(g), Rule 116
- correlate to Guidelines for Continuous Trial
- Remedy in case of violation of right to speedy trial and right
to speedy disposition of the case
- Modes of discovery provided under Rule 119 to both the
prosecution and the accused
 - Procedure in the discharge of accused to be a state witness;
Requisites
- Ground for consolidation of cases and joint trial
- Rule in demurrer to evidence. Effect of moving to demure
with or without leave of court
- Ground for reopening of the proceedings. When to avail?

RULE 120
- What must the judgment of acquittal state?
- Does acquittal carries with it extinction of civil liability?
- Variance doctrine
- Procedure when accused fails to appear for promulgation
despite notice
- Instances when presence of the accused is required: 1)
arraignment; 2) for identification purposes if moved by the
prosecution; 3) during promulgation of judgment; 4)
whenever required by the court. Failure to appear in those
instances is a ground for issuance of a warrant of arrest.
- When may judgment be modified

RULE 121
- period to file motion for reconsideration or new trial; non-
extendible under Guidelines for Continuous Trial
- grounds for reconsideration or new trial
- 15-day fresh period rule to file a notice of appeal from denial
of the motion for recon or new trial applies to criminal cases
(Yu vs. Judge Samson-Tatad, 09 Feb. 2011)
- Effects of granting motion for reconsideration and new trial
- Distinctions between the remedies of motion to reopen the
proceedings and motion for new trial

RULE 122
- when appeal in criminal cases allowed
- where to appeal; what to file; when and period to appeal
- when is appeal given due course
- effect of appeal by any of several accused
- effect of filing an application for probation. Correlate to
Probation Law, P.D. 968, as amended by R.A. 10707
- procedure in case of withdrawal of appeal
- grounds to consider the appeal as deemed abandoned
- distinctions between appeal in civil cases and criminal cases

RULE 123
 - review Rule on Summary Procedure in criminal cases

RULE 124
- dismissal by Court of Appeals of the appeal or due to failure
to prosecute; when is appeal deemed abandoned

RULE 125
- appeal to SC via Rule 45, same as in civil cases
- May SC review findings of facts?

RULE 126
- provides the procedure for application and issuance of search
warrant; correlate to Section 2, Article III Constitution
- review probable cause for issuance of a search warrant
- where application filed
- requisites for issuance of a search warrant
- essential element: probable cause for one specific offense
- validity; requirement of the filing of a return
- distinguish procedure for issuance of a search warrant from
procedure for issuance of a warrant of arrest
- probable cause for issuance of search warrant from probable
cause for issuance of a warrant of arrest
- present during the search; two-witness rule
- search incidental to a lawful arrest
- instances of warrantless search
Correlate to the principle of fruit of a poisonous tree.
Correlate to inadmissibility of the evidence obtained.
- Ground to quash a search warrant
- Grounds to suppress evidence
- When may a motion to quash search warrant or suppress
evidence be filed?
- Rule 126 supplements the procedure for application and
issuance of Cybercrime Warrants (Sec. 1.3 Rule on
Cybercrime Warrants). Four (4) kinds of cybercrime
warrants: 1) Warrant to disclose computer data (WDCD); 2)
Warrant to Intercept Computer Data (WICD); 3) Warrant to
Search, Seize and Examine Computer Data (WSSED); 4)
Warrant to Examine Computer Date (WECD)

RULE 127
 - The provisional remedies available in civil actions are
applicable to the civil action deemed instituted with the
criminal action
- Not apply to the so-called “victimless crimes” which do not
result in civil liability, as there are not private offended
parties.

NOTE: Review the salient points in the following Special Rules: